HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/19/2017 - FIRST READING OF ORDINANCE NO. 175, 2017, DELETINGAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY December 19, 2017
City Council
STAFF
Cassie Archuleta, Senior Environmental Planner
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 175, 2017, Deleting Chapter 12, Article VIII from the Code of the City of Fort
Collins Regarding Hydraulic Fracturing.
EXECUTIVE SUMMARY
The purpose of this item is to remove references to a prohibition on oil and gas related activities from Chapter
12, Article VIII of the City Code. This is an administrative clean-up item reflecting the 2016 Colorado Supreme
Court decision that struck down the City’s hydraulic fracturing moratorium because state law preempted it.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Hydraulic fracturing (or fracking) is a process used to stimulate production of oil and gas wells, by pumping a
mixture of water, proppants and other chemicals into an underground rock or coal formation. Advances in
hydraulic fracturing technology have led to increased development of oil and natural gas resources in Colorado
and elsewhere. Within Fort Collins City limits, there are currently 10 active oil and gas wells in which hydraulic
fracturing may periodically occur as part of a “re-completion” process to stimulate increased oil and gas
production. A hydraulic fracturing process would also likely occur for any new wells before the wells enters a
production phase.
In November 2013, a citizen-initiated five-year moratorium on the use of hydraulic fracturing within the City or
on lands under its jurisdiction was approved by registered electors of the City. On May 2, 2016, the Colorado
Supreme Court issued a decision in the City of Fort Collins v. Colorado Oil & Gas Association (“COGA”) case
striking down the citizen-initiated ballot measure because the moratorium was preempted by state law. In
accordance with this decision, it is proposed that references to prohibitions on hydraulic fracturing and related
activities be removed from Chapter 12, Article VIII of the City Code.
BOARD / COMMISSION RECOMMENDATION
This item is proposed as an administrative clean-up item and no board or commission recommendations were
sought.
PUBLIC OUTREACH
No public outreach was conducted for this item, as it is considered an administrative clean-up item
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ORDINANCE NO. 175, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DELETING CHAPTER 12, ARTICLE VIII FROM THE CODE OF THE
CITY OF FORT COLLINS REGARDING HYDRAULIC FRACTURING
WHEREAS, in May 2016, the Colorado Supreme Court decided in City of Fort Collins v.
Colorado Oil and Gas Association that the City’s moratorium on hydraulic fracturing was
preempted by state law and was invalid and unenforceable; and
WHEREAS, City Code sections 12-135 and 12-136 set forth the City’s hydraulic
fracturing moratorium regulations; and
WHEREAS, because the City’s hydraulic fracturing moratorium is invalid and
unenforceable, City Code section 12-135 and 12-136 are invalid and unenforceable and should
be removed from the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Chapter 12, Article VIII is hereby deleted in its entirety from the
Code of the City of Fort Collins as follows:
Sec. 12-135. - Hydraulic fracturing/open pit storage prohibited.
The use of hydraulic fracturing to extract oil, gas or other hydrocarbons, and the storage in open
pits of solid or liquid wastes and/or flowback created in connection with the hydraulic fracturing
process, are prohibited within the City.
Sec. 12-136. - Exemptions.
The prohibitions contained in § 12-135 shall not apply to any oil or gas wells or pad sites
existing within the City on February 19, 2013, that become the subject of an operator agreement
between the operator of the same and the City, as long as such agreement includes strict controls
on methane release and, in the judgment of the City Council, adequately protects the public
health, safety and welfare.
Section 3. That the deletion of Sections 12-135 and 12-136 from the Code of the City
of Fort Collins shall not invalidate or otherwise affect any operator agreement executed in
association with such Code sections.
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Introduced, considered favorably on first reading, and ordered published this 19th day of
December, A.D. 2017, and to be presented for final passage on the 2nd day of January, A.D.
2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk