HomeMy WebLinkAbout119 - 08/20/2013 - PLACING A FIVE-YEAR MORATORIUM ON THE USE OF HYDRAULIC FRACTURING TO EXTRACT OIL, GAS AND OTHER HYDR ORDINANCE NO. 119, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
PLACING A FIVE-YEAR MORATORIUM ON THE USE OF HYDRAULIC
FRACTURING TO EXTRACT OIL, GAS AND OTHER
HYDROCARBONS AND ON THE STORAGE OF THE WASTE PRODUC S OF
HYDRAULIC FRACTURING WITHIN THE CITY OF FORT COLLINS R ON
LANDS UNDER THE CITY'S JURISDICTION
Fort Collins Public Health, Safety and Wellness Act.
Section 1. Purpose.
To protect property, property values, public health, safety and welf e by placing a five year
moratorium on the use of hydraulic fracturing to extract oil, gas, r other hydrocarbons within the
City of Fort Collins in order to study the impacts of the proces on the citizens of the City of Fort
Collins.
Section 2. Findinf4s.
The people of Fort Collins hereby make the followi findings with respect to the process of
hydraulic fracturing within the City of Fort Colli :
The Colorado Constitution confers o 11 individuals in the state, including the citizens of
Fort Collins, certain inalienable rights, incl ding "the right of enjoying and defending their lives
and liberties; of acquiring, possessing an protecting property; and of seeking and obtaining their
safety and happiness," Colo. Const. A . II, Sec. 3;
The Colorado Oil and Gas A requires oil and gas resources to be extracted in a "manner
consistent with protection of publi ealth, safety, and welfare, including protection of the
environment and wildlife resour s," Colo. Rev. Stat. §34-60-102;
The well stimulation p cess known as hydraulic fracturing is used to extract deposits oil,
gas, and other hydrocarbons rough the underground injection of large quantities of water, gels,
acids or gases; sands or of er proppants; and chemical additives, many of which are known to be
toxic;
The people of ort Collins seek to protect themselves from the harms associated with
hydraulic fracturin including threats to public health and safety, property damage and
diminished prope y values, poor air quality, destruction of landscape, and pollution of drinking
and surface wa r;
Repr entatives from the State of Colorado have publically stated that they will be
conductin health impact assessment to assess the risks posed by hydraulic fracturing and
unconve tonal oil and gas development.
he people of Fort Collins have determined that the best way to safeguard our inalienable
right provided under the Colorado Constitution, and to and ensure the "protection of public
NOT CONSIDERED ON FIRST READING
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health, safety, and welfare, including protection of the environment and wildlife res rces" as
provided under the Colorado Oil and Gas Act, is to place a five year moratorium hydraulic
fracturing and the storage and disposal of its waste products within the City of rt Collins in
order to fully study the impacts of this process on property values and huma ealth.
Section 3. Moratorium
Therefore, the people of Fort Collins have determined that the est way to safeguard our
inalienable rights provided under the Colorado Constitution, and to nsure the "protection of
public health, safety, and welfare, including protection of the env' onment and wildlife
resources"as provided under the Colorado Oil and Gas Act, is place a moratorium on
hydraulic fracturing and the storage of its waste products wit n the City of Fort Collins or under
its jurisdiction for a period of 5 years without exemption o exception in order to fully study the
impacts of this process on property values and human he th. The moratorium can be lifted upon
a ballot measure approved by the people of the City of ort Collins.
Section 4. Retroactive Application
In the event this measure is adopted by the voter , its provisions shall apply retroactively as of
the date the measure was found to have qualifi d for placement on the ballot.
Introduced, considered favorably o first reading, and ordered published this 20th day of
August, A.D. 2013, and to be presented r final passage on the 3rd day of September, A.D.2013.
Mayor
ATTEST:
City Clerk
Passed and a opted on final reading on the 3rd day of September, A.D. 2013.
Mayor
ATTEST
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City Clerk
NOT CONSIDERED ON FIRST READING
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