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-- RESOLUTION NO. 2005-12 <br />INTRODUCED BY: Mayor Rinker and Council as a Whole <br />A RESOLUTION <br />OPPOSING ENFORCEMENT OF HOUSE BILL 278, WHICH PRE-EMPTS <br />THE AUTHORITY <br />OF LOCAL GOVERNMENTS TO REGULATE OIL AND GAS WELL DRILLING <br />AND DESIGNATES THE OHIO DEPARTMENT OF NATURAL RECOURCES, <br />DIVISION OF MINERAL RESOURCES MANAGEMENT <br />AS THE EXCLUSIVE AUTHORITY TO REGULATE <br />OIL AND GAS WELL DRILLING AND OPERATION IN THE STATE OF OHIO. <br />WHEREAS, reasonable control of oil and gas well drilling and operation <br />through local zoning is essential to sound land development policy; and <br />WHEREAS, House Bill 278,amends the Ohio Revised Code to pre-empt <br />the authority of local governments to regulate oil and gas well drilling and <br />operation and designates the Ohio Department of Natural Resources, Division of <br />Mineral Resources Management as the exclusive authority to regulate oil and <br />gas well drilling and operation in the State of Ohio; and <br />WHEREAS, House Bill 278 constitutes yet another assault on Home Rule <br />Authority and a municipality's right and obligation to enact and enforce zoning, <br />health and safety standards for its citizens. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF <br />MAYFIELD VILLAGE, OHIO, THAT: <br />SECTION 1. That Council hereby opposes the enforcement of House Bill <br />278 which pre-empts the authority of local governments to regulate oil and gas <br />well drilling and operation in the State of Ohio. <br />SECTION 2. That the Clerk of Council be and is hereby authorized and <br />directed to forward a copy of this resolution to all area delegates in the Ohio <br />General Assembly. <br />~... <br />SECTION 3. Council supports and endorses the action of local citizens in <br />their attempt to have. a court declare the illegality of House Bill 278 as it conflicts <br />with the Home Rule authority granted in the Ohio Constitution. <br />~,. -~~, <br />-~ ~ <br /> <br />