HomeMy WebLinkAboutOrd 442 Declaring a Moratorium on Drilling of Oil and Gas wellsTOWN OF WESTLAKE
ORDINANCE NO. 442
AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, DECLARING A MORATORIUM FROM THE
EFFECTIVE DATE OF THIS ORDINANCE AND CONTINUING UNTIL
JANUARY 26, 2004, AT 11:59 P.M. ON DRILLING AND PRODUCTION OF OIL
OR GAS OR THE ISSUANCE, ACCEPTANCE OR APPROVAL OF ANY
PERMITS, APPLICATIONS, SITE PLANS, ZONING AMENDMENTS,
PRELIMINARY PLATS AND FINAL PLATS ON ALL PROPERTY IN THE
TOWN OF WESTLAKE FOR SAID PURPOSES; DIRECTING THE TOWN
MANAGER AND HIS DESIGNEES OF THE TOWN OF WESTLAKE TO
CONDUCT INVESTIGATIONS IN CONJUNCTION WITH THE
COMPATIBILITY OF OIL OR GAS DRILLING AND PRODUCTION WITHIN
THE ZONING DISTRICTS OF THE TOWN AND ANY AND ALL PERMIT
PROCEDURES AND REGULATIONS DEEMED NECESSARY TO PROTECT
AND ENHANCE THE OVERALL GROWTH, DEVELOPMENT, LAND USE,
HEALTH, SAFETY AND WELFARE OF THE TOWN AND REPORT ANY
RECOMMENDED ZONING AMENDMENTS TO THE PLANNING AND
ZONING COMMISSION AND ALL RECOMMENDATIONS TO THE BOARD
OF ALDERMEN AS EXPEDITIOUSLY AS POSSIBLE; PROVIDING FOR A
METHOD OF REPEAL OF THIS MORATORIUM; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING THAT THIS ORDINANCE
SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE.
WHEREAS, the Board of Aldermen of the Town of Westlake, Texas, based on
an adopted Comprehensive Land Use Plan has adopted zoning districts and regulations
which regulate the use of land and the locations and use of buildings, other structures and
land for business, industrial, single-family residential and other purposes; and
WHEREAS, the Town of Westlake desires to study the necessity of adopting
zoning and other regulations governing the procedures and regulations of oil or gas well
drilling and production and for the purpose of evaluating goals and objectives for the
Town to ensure orderly growth and to encourage high-quality developments and to
protect the health, safety and welfare of the Town of Westlake; and
WHEREAS, the Board of Aldermen does not wish to issue, accept or approve
any permits, applications, site plans, zoning amendments, preliminary plats, final plats, or
otherwise allow or authorize the drilling or production of oil or gas wells on property in
the Town which might adversely affect surrounding properties or the proper and orderly
growth of the Town until guidelines and/or regulations can be evaluated and considered;
and
WHEREAS, the moratorium placed on the issuance, acceptance or approval of
permits, zoning amendments, preliminary plats, final plats, site plans, or otherwise allow
or authorize the drilling or production of oil or gas wells is a minimally intrusive method
of maintaining the status quo until such review can be completed.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS:
SECTION 1. That all the above premises are found to be true and correct and are
hereby incorporated into this ordinance as if copied in their entirety.
SECTION 2: Effective immediately, and continuing until January 26, 2004, at
11:59 p.m., the Town of Westlake shall not issue, accept or approve any permits, which
includes site plans, zoning amendments, other than those initiated by the Town of
Westlake, preliminary plats and final plats, or otherwise allow or authorize the drilling or
production of oil or gas wells on all property in the Town of Westlake unless said permit
application or request is received by the Town of Westlake prior to the passage of this
ordinance. The purpose of this moratorium is to maintain the status quo within the Town
of Westlake until such a time as proper regulations have been adopted.
SECTION 3: The term "permit" as used in the ordinance shall mean a license
certificate, approval, registration, consent, permit, plat, site plan, or other form of
authorization required by law, rule, regulation, or ordinance that must be obtained by a
person in order to perform an action or initiate a project for which the permit is sought.
The term "permit" shall also mean any request or application for a zoning amendment or
re -zoning of land, other than those initiated by the Town of Westlake.
SECTION 4: The Planning and Zoning Commission, as it relates to any
amendment to any zoning regulations, and the Board of Aldermen, as it relates to all
ordinances or amendments, upon completion of the investigations into the necessary
zoning amendments and permit procedures and regulations regarding the drilling and
production of oil or gas wells, is hereby directed to conduct hearings and initiate proper
procedures for consideration of zoning regulations and possible amendments. All notices
and public hearings related to zoning amendments shall be in accordance with Chapter
211 of the Texas Local Government Code to elicit citizen comments with regard to any
amendments to be considered.
SECTION 5: This moratorium shall remain in effect until such time as the Board
of Aldermen has had a reasonable opportunity to consider and act upon appropriate
amendments, if any, to the ordinances of the Town of Westlake and zoning regulations
applicable to all land in the Town. Upon final adoption of all necessary ordinances, or
upon a final determination being made by the Board of Aldermen that amendments are
not necessary, this moratorium shall expire. This moratorium shall automatically expire
January 26, 2004, at 11:59 p.m. unless it is specifically extended by additional Board of
Aldermen action.
2
SECTION 6: It is hereby declared to be the intention of the Board of Aldermen
of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this ordinance since the same would
have been enacted by the Board of Aldermen of the Town of Westlake without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
PASSED AND APPROVED ON THIS 13TH DAY OF OCTOBER 2003.
ATTEST:
Inge Crosswy, Town retary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
EC64�li 46�4-�
Scott Bradley, Mayor
Trent Petty, Tow . ager
3
17,
PUBLISHER of the Alliance Regional
Newspapers of Haslet, Texas, a newspaper of general circulation which has been
published in Denton County and Tarrant County regularly and continuously for a period
of one year prior to the first day of publication of this notice, solemnly swear that the
notice hereto attached was published in the Alliance Regional Newspapers, on the
following dates, to -wit:
Town of Westlake
SUBSCRIBED AND SWORN TO before me on then day of
-2-0 to certify which witness my hand and official seal.
- R I =ST1 NA M WEAVER
1
NOTARY PUBLIC
/0
NOTARY PUBLIC, STATE OF TEAS
NOTARY PUBLIC
f Texas
state
0 _
state of Texas
Exp. 08_09_2007
Comm. Exp, 08-09-2007
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