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HomeMy WebLinkAbout2013-011-02/19/2013-SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A PROPOSED AMENDMENT TO THE CITY CODE WHICH WOULD RESOLUTION 2013-011 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO THE REGISTERED ELECTORS OF THE Cl A PROPOSED AMENDMENT TO THE CODE OF THE CITY F FORT COLLINS WHICH WOULD IMPOSE A BAN ON HYD ULIC FRACTURING AND CERTAIN STORAGE OF WASTE WITHIN THE CITY WHEREAS, in December 2012, the City Council authorize moratorium preventing any further drilling for oil and gas in the City until July 31, 2013; and WHEREAS,since that time,citizens have requested tha e City Council consider imposing a ban on hydraulic fracturing in the City; and WHEREAS, the City Council has determined tha in order to protect the health, safety and welfare of City residents, a proposal for a ban on hydr is fracturing within the City, including a ban on the storage in open pits in the City of solid r liquid wastes and/or flowback created in connection with the hydraulic fracturing process, s uld be submitted to the registered electors of the City for a vote; and WHEREAS, the City Council has fur er determined that in order to respect the rights of existing oil and gas operators in the City, t e proposed ban on hydraulic fracturing and storage should not apply to any oil or gas wells or p d sites existing within the City as of February 19,2013, provided that the operators of such wells pad sites enter into satisfactory agreements with the City to regulate their existing and future op ations; and WHEREAS,under Article , Section 3 of the City Charter,the City Council may submit any question or proposed ordinance or esolution to a vote of the people at a regular or special election. NOW, THEREFORE, E IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following uestion, in substantially the form shown below, shall be submitted to the registered electors ofth ity of Fort Collins at the general municipal election to be held on April 2, 2013: SHAL CHAPTER 12 OF THE CODE OF THE CITY OF FORT COL S BE AMENDED BY ADDING A NEW ARTICLE VIII HE LTHAND ENVIRONMENT TO PROHIBIT WITHIN T H E F RT COLLINS CITY LIMITS THE USE OF HYDRAULIC RACTURING TO EXTRACT OIL, GAS, OR OTHER HYDROCARBONS, AND TO PROHIBIT WITHIN THE FORT COLLINS CITY LIMITS THE STORAGE IN OPEN PITS OF RESOLUTION NOT CONSIDERED FEBRUARY 19, 2013 SOLID OR LIQUID WASTES AND/OR FLOWBACK CREAZID IN CONNECTION WITH THE HYDRAULIC FRACTUR PROCESS, AND EXCEPTING FROM THESE PROHIBI�IIONS ANY OIL OR GAS WELL OR WELL PAD SITE THAT EXISTED WITHIN THE CITY AS OF FEBRUARY 19, 2013, PROVIDED THAT THE OPERATOR OF SUCH WELL ORS J3AD SITE ENTERS INTO AN AGREEMENT WITH THE,,/,CITY THAT SPECIFICALLY IMPOSES STRICT CONTROS ON ANY METHANE RELEASED IN CONNECTION WITH SUCH OPERATIONS AND THAT, IN THE JUDGMENT OF THE CITY MANAGER,ADEQUATELY PROTECTS THE PUBLIC HEALTH, SAFETY AND WELFARE? f YES / NO Passed and adopted at a regular meeting of t e Council of the City of Fort Collins this 19th day of February A.D. 2013. Mayor ATTEST: City Clerk RESOLUTION NOT CONSIDERED FEBRUARY 19, 2013