HomeMy WebLinkAbout057 - 05/21/2013 - TERMINATING THE MORATORIUM IMPOSED BY ORDINANCE NO. 145, 2012 WITH RESPECT TO OIL AND GAS OPERATIONS ORDINANCE NO. 057, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
TERMINATING THE MORATORIUM IMPOSED BY ORDINANCE NO. 145, 2012
WITH RESPECT TO OIL AND GAS OPERATIONS CONDUCTED
UNDER AN AMENDED OIL AND GAS OPERATOR AGREEMENT BETWEEN THE CITY
AND PROSPECT ENERGY, LLC, AND EXEMPTING SUCH OPERATIONS FROM
THE PROHIBITIONS CONTAINED IN SECTION 12-135 OF THE CITY CODE
WHEREAS,by Ordinance No. 145,2012,the City Council established a moratorium on the
acceptance or processing of land use applications,permit applications and other applications seeking
approval to conduct oil and gas extraction or related operations within the City(the Moratorium");
and
WHEREAS, Section 12-135 of the City Code prohibits hydraulic fracturing and open pit
storage in the City; and
WHEREAS, by Resolution 2013-024 of the Council of the City of Fort Collins, the City
Council approved an Oil and Gas Operator Agreement between the City and Prospect Energy, LLC
dated March 19, 2013 that applies to all existing and future operations in the areas that are the
subject of the Agreement, and by Resolution 2013-036 the City Council has adopted certain
amendments thereto (the "Amended Agreement'); and
WHEREAS, the City Council has determined that the oil and gas operations of Prospect
Energy, LLC should be exempted from the Moratorium and the prohibitions contained in Section
12-135 of the City Code as long as such operations are conducted in conformance with the terms and
conditions of the Amended Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. The moratorium imposed by Ordinance No. 145, 2012 is hereby terminated
with respect to all oil and gas operations conducted in conformance with the terms and conditions
of the Amended Agreement.
Section 2. The prohibitions contained in Section 12-135 of the City Code shall not apply
to oil and gas operations conducted by Prospect Energy, LLC that are governed by the Amended
Agreement as long as Prospect Energy,LLC conducts such operations in conformance with the terms
and conditions of the Amended Agreement.
Section 3. That in the event that a conflict exists between the provisions contained in
Section 12-135 of the City Code and the provisions of this Ordinance, this Ordinance shall control.
Introduced, considered favorably on first reading, and ordered published this 19th day of
March, A.D. 2013, and to be presented for final passage on the 21 st day of May, A.D. 2013.
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Passed and adopted on final reading on the 21st day of May, A.D. 2013.
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