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Res 11-01 Opposing Legislative Curtailment of Municipal Authority Over Minerals RESOLUTION NO. 11-01 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, OPPOSING LEGISLATIVE CURTAILMENT OF MUNICIPAL REGULATORY AUTHORITY OVER MINERAL PRODUCTION, EXPLORATION AND DEVELOPMENT WITHIN ITS CORPORATE LIMITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a Type A general law municipality located in both Denton and Tarrant County, and created in accordance with the provisions of Chapter 8 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, over the past decade mineral development in the Barnett Shale region of North Texas has been prolific and fast-paced; and WHEREAS, North Texas municipalities have responded to the rapid development of natural gas by working diligently to produce regulations that balance the interests of operators with those of the residents of their communities; and WHEREAS,the Federal District Court for the Southern District of Texas first upheld the authority of Texas municipalities to regulate oil and gas development in Tysco Oil Co. v. R.R. Comm'n (Tysco I), 12 F. Supp. 195, 201 (S.D. Tex. 1935); and WHEREAS, in 1944 the Galveston Court of Civil Appeals upheld a requirement that oil and gas well operators acquire both a. Texas Railroad Commission and municipal drilling permit (Klepak v. Hunible Oil &Refining Co., 177 S.W.2d, 215, 218 (Tex. Civ. App—Galveston 1944); and WHEREAS, the oil and gas industry has sought to nullify at least seventy-five years of local regulation of oil and gas well development through pursuit of an industry-favored legislative "fix"; and WHEREAS, without local authority over oil and gas development, industry activities would be solely governed by the Texas Railroad Connnission; and WHEREAS, the preemption of local government regulation of prolific and widespread mineral development in favor of an overburden State agency in that of the Texas Railroad Commission is ill-advised and ignores the need to address local concerns about mineral development at a local level; and WHEREAS, in light of the foregoing, the Town Council would respectfully oppose any proposed legislation that would seek to strip, erode or preempt in any way the local regulation of mineral development within the corporate limits of a municipality. Resolution 11-01 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas, hereby respectfully oppose any proposed legislation that would seek to strip, erode or preempt in any way the local regulation of mineral development within the corporate limits of a municipality. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 24TH DAY OF JANUARY, 2011. OF 'i �5' ATTEST: : m Laura L. Wheat, Mayor FC1 ........ Kelly Edwar , Town Secre` Thomas E. Bry er Town Manager APPROVE ,AS 0 RM L. anton L y, n At rney Resolution 11-01 Page 2 of 2