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03-10-08 TC Agenda Packet
TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN PRE -BOARD MEETING AGENDA MARCH 10, 2008 WESTLAKE CIVIC CAMPUS - DINING HALL 2600 J. T. OTTINGER ROAD 4:30 P.M. 1. CALL TO ORDER. 5 �� 2. EXECUTIVE SESSION. '�• a 30 min. A. The Board will conduct a closed session under Texas Government Code section 551.087 to discuss economic development negotiations. 3. RECONVENE MEETING. 30 min. 4. DISCUSSION REGARDING OIL AND GAS DRILLING IN WESTLAKE. 20 min. 5. DISCUSSION OF SECOND WATER SOURCE. 10 min. 6. REVIEW OF REGULAR AGENDA ITEMS. 7. ADJOURNMENT. ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION 1 certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Westlake, Texas and the Westlake Civic Campus, 2600 J.T. Ottinger Road, Westlake, Texas, on Friday, March 7, 2008 by 4:30 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817- 490 -5710 and reasonable accommodations will be made to assist you. TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN REGULAR MEETING AGENDA MARCH 10, 2008 WESTLAKE CIVIC CAMPUS 2600 J. T. OTTINGER ROAD 7:00 p.m. 1. CALL TO ORDER. 2. CITIZENS' PRESENTATIONS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. Any item presented may be noticed on a future agenda for deliberation or action. 3. HEAR A REPORT FROM THE FACILITIES AND RECREATION DIRECTOR CONCERNING PROPOSED PROJECTS FROM PARENT SUPPORT GROUPS. 4. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING AN APPLICATION FOR AN AMENDMENT TO PLANNED DEVELOPMENT 1 (PD- 1) BY AMENDING ORDINANCE 202, WHICH CREATED THE ZONING DISTRICT FOR (PD -1), OWNED BY MAGUIRE PARTNERS - SOLANA LP, IN THE WESTLAKE /SOUTHLAKE ADDITION NO. l; ADDING ADDITIONAL ACREAGE TO PD -1, APPROXIMATELY 84.25 ACRES OF LAND IN THE C.M. THROOP SURVEY, ABSTRACT NO. 1510 AND THE W. MEDLIN SURVEY, ABSTRACT 1958, TARRANT COUNTY, TEXAS; AND APPROXIMATELY 85.91 ACRES OF LAND IN THE C. M. THROOP SURVEY, ABSTRACT NO. 1510, THE W. MEDLIN SURVEY, ABSTRACT NO. 1958, THE WILLIAM PEA SURVEY, ABSTRACT NO. 1246 AND THE JOSEPH HENRY SURVEY, ABSTRACT NO. 742, TARRANT COUNTY, TEXAS; GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SH 114 AND PRECINCT LINE ROAD, OWNED BY MAGUIRE PARTNERS - SOLANA LAND LP. 5. CONSIDER A RESOLUTION ACCEPTING THE DEDICATION OF RIGHT OF WAY (ROW) NECESSARY FOR THE EXPANSION OF FM 1938 FROM MAGUIRE PARTNERS - SOLANA LAND LP. 6. CONSIDER A RESOLUTION RELATING TO THE GIVING OF NOTICE OF INTENTION TO CREATE A REINVESTMENT ZONE TO FINANCE IMPROVEMENTS WITHIN THE ZONE; AUTHORIZING AND DIRECTING OTHER ACTIONS PRELIMINARY TO THE CREATION OF THE PROPOSED REINVESTMENT ZONE; AND CONTAINING FINDINGS RELATING TO THE FOREGOING SUBJECT. 7. HEAR A STATUS REPORT ON CONSTRUCTION OF ARTS AND SCIENCES CENTER BUILDING. 8. CONSENT AGENDA: All items listed below are considered routine by the Board of Aldermen and will be enacted with one motion. There will be no separate discussion of items unless a Board member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. A. Review and approve minutes of Board of Aldermen special meetings held on February 23, 2008; B. Review and approve minutes of the Board of Aldermen pre -board and regular meetings held on February 25, 2008; C. Review and approve any outstanding bills. 9. EXECUTIVE SESSION A. The Board will conduct a closed session under Texas Government Code section 551.074 to discuss personnel matters, specifically deliberation regarding the appointment of a Town Manager. 10. RECONVENE MEETING. 11. EXECUTIVE SESSION ACTION. 12. ADJOURNMENT. ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, and Westlake Civic Campus, 2600 J.T. Ottinger Road, Westlake, Texas, on Friday, March 7, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817 - 490 -5710 and reasonable accommodations will be made to assist you. TOWN OF WESTLAKE, TEXAS MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN PRE -BOARD MEETING March 10, 2008 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding, Pete Steger, and Bob Timmerman. ABSENT: None. STAFF PRESENT: Town Manager Joe Hennig, Town Attorney Stan Lowry, Town Secretary Kim Sutter, DPS Director Don Wilson, Facilities and Recreation Director Troy Meyer, Director of Planning and Development Eddie Edwards, and Executive Assistant Ginger Awtry. 1. CALL TO ORDER. Mayor Bradley called the pre -board meeting to order at 5:22 p.m. 2. EXECUTIVE SESSION. Mayor Bradley recessed the pre -board meeting of the Board of Aldermen at 5:23 p.m., as he read the following item to be discussed in executive session: A. The Board will conduct a closed session under Texas Government Code section 551.087 to discuss economic development negotiations. Mayor Bradley convened the executive session at 5:23 p.m. The executive session adjourned at 5:43 p.m. 3. RECONVENE MEETING. Mayor Bradley reconvened the regular meeting of the Board of Aldermen at 5:44 p.m. Town of Westlake Board of Aldermen page 2 of 2 Pre -Board Meeting March 10, 2008 4. DISCUSSION REGARDING OIL AND GAS DRILLING IN WESTLAKE. As follow -up to previous discussions, Planning and Development Director Edwards presented a map depicting the potential drilling sites if a setback of 600 and / or 1000 feet were desired by the Board. Alderman Timmerman expressed his concern with regard to radioactive waste from oil and gas drilling sites, and strongly encouraged the Board to consider the long term effects of radioactive contamination in and around drilling sites when establishing a setback. Alderman Timmerman added that the areas of contamination have been reported as far out as 300 feet from a drill site. Discussion ensued with regard to establishing the setbacks, monitoring and inspection of drill sites, and the need to address the clean up at a site, including radioactive waste, when drilling is complete. 5. DISCUSSION REGARDING A SECOND WATER SOURCE. This item was not discussed. 6. REVIEW OF REGULAR AGENDA ITEMS. This item was not discussed. 7. ADJOURNMENT. There being no further business to come before the Board, Mayor Bradley declared the pre - board meeting adjourned at 6:01 p.m. APPROVED BY THE BOARD OF ALDERMEN ON MARCH 24, 2008. Scott Bradley, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary Update for Project Y Project Overview: • 800 Rooms (may expand to 1,000) • 140,000+ room nights • Facility use expanded to include the following: o Training for all Project Y employees (new and existing) o Use as a meeting facility for both internal cooperate leadership and external corporate executives from Fortune 500 companies o Guest lecturers from both public and private sectors • Facility use may also include Westlake Academy, local charitable non - profit organizations, and other community organizations • US Data Recovery Center • Possible establishment of Westlake Procurement Company (ProCo) • LEED Certified Building • 100 Proi ect Y j obs • 300 -400 non - Project Y jobs on -site to support operations Summary of Incentive Proposal: • Sales tax sharing of construction costs (50150 of $200 million estimate) • No assistance on development fees • Texas ProCo sales tax sharing (75/25 of total 2% of taxable sales) • Property tax abatement • Town for 10 years • County for 10 years • State Enterprise Fund ($250,000- $750,000) Timeline: • March 10th: Notice of Intention for Reinvestment Zone establishment • March 24th: Public Hearing for Reinvestment Zone establishment and for approval of Economic Development Agreement • April 24th: Circle T PD to Planning and Zoning • April 28th: Circle T PD to Board of Aldermen - - - — --- --y, 1 cx,.. rage 1 of 7 SPECILIAL 0 Gas drilling's dirty side effect Radioactive material brought up from Barnett Shale during g 01:29 PM CST on Tuesday, January 15, 2008 By Peggy Heinkel -Wolfe / Staff Writer EDITOR'S DOTE: This is the first in a series of four stories on radioactiv material generated by natural gas production in the Barnett Shale. e Blasted free by millions of gallons of fresh water and chemical soup sent miles below ground, some of Earth's baddest geological actors — radioactive elements capable of scarring soil and scourging human health — are slowl rising to the surface along with the Barnett Shale's natural gas. y Once above ground, if they can stay afloat, they continue to travel suspended in the water produced from the well. Otherwise, they fall from their own weight and accumulate. They crystallize as shiny black scales on tubular steel. Or cake in layers of whitish - brown sludge at the bottom of tanks and separators. Eventually, they can crust over gas production fixtures like a rusted hot - water heater about to flood the house. Yet licensed decontamination workers wait for the phone to ring. Statewide, 140 such sites were _ decontaminated from January 2005 to the present, according to documents obtained - from the Department of State Health Services, which oversees decontamination of the state's hottest radioactive waste. http:// w' vw. dentonrc. com/ sharedcontent /dws /dre /specialproj ects /drilling /stories /DRC_NO... 3/ 10/2008 Moreover, 25 of those decontamination sites were in Denton, Tarra.-int and Wise counties, the core counties of the Barnett Shale. The cleanups signal that (racing – short for fracturing, the water - guzzling process that busts -the gas out of the shale — could be pulling up much more than energy companies bargained for, experts say. Known as technologically enhanced, naturally occurring radioactive material, or NORM, the residue can be the most toxic waste that oil and gas production generates. The risk to human health and the environment varies widely. Small concentrations of NORM provide less exposure than even a dental K -ray. But when allowed to accumulate in greater concentrations, especially with poor monitoring and containment practices, NORM can hurt people and tHc environment as any radioactive waste can. Few researchers have traced the residue's radioactive trail. Pete Ramirez of the U.S. Fish and Wildlife Service in Wyoming found radium from dulling activities in the bones of ducks captured in contaminated wetlands there. He couldn't say what long -term implications that had for the ducks or ho> NV that translated to human health. But, he said, "I wouldn't want to live next to it." In Denton, Tarrant and Wise counties, all kinds of equipment — from pipes and separators to frac and brine - hauling tanks — have been decontam mated in the past two years. Texas Railroad Commission rules allow the industry to self - monitor for NORM, and many operators are slow to decontaminate the radioactive residue because of its cost, industry insiders say. Furthermore, only two of ne,-�xxly 200 operators registered with the commission in the Barnett Shale's core counties — Key Energy Services and Devon Energy — have provided for such decontamination in the past two years. Hot waste In the Barnett Shale, everything from equipment to producing well sites is http://www. dentonrc. com/ sharedcontent/ dws/ dre/ specialprojects /drill_inglstories/DRC_NO... 3/10/200$ being decontaminated. At most area well sites, decontamination workers cleaned and disposed of 10 barrels of radioactive residue or less. (Ope barrel equals about 42 gallons.) However, in places where equipment has been stored, or production waste has accumulated, the cleanups have been much larger. Based in Andrews and one of a dozen Texas firms licensed to decontaminate radioactive waste, Lotus disposed of 100 barrels of contaminated material from Devon's Bridgeport pipe yard in February 2006 in Lotus disposal facilities. In October 2006, Lotus workers made an emergency cleanup around a leaking vessel at Devon's North Tarrant saltwater disposal well in Saginaw. Whey removed about 105 barrels of radioactive residue. Doug Bridwell, an environmental and health specialist for Devon Energy's central division, said the tank involved in the spill was inside a secondary containment area, which is designed to prevent soil contamination. "It [the NORM] was all picked up within that lined dike," Bridwell said. "But not all operators work like that." The largest Barnett Shale decontamination to date occurred at Key Energy Services' Chico storage yard. Houston -based Soloco, another licensed decontamination firm, cleaned up more than 40 different tanks, including frac and brine - hauling tanks, hauling the hot waste for licensed underground disposal in Big Hill in November 2006. Ken Houston, vice president of health, safety and environmental for Key Energy Services, said the cleanup and disposal contract cost $120,000, not counting labor and materials on Key's part. Key has acquired more than 100 smaller companies in the last 15 years — a lot of them "as is," he said. "When we recognized an existing issue, we've taken an effort and expended the cost to clean it up." The known number of decontaminated sites in the Barnett Shale exceeded those in Panola County, although the total amount of hot waste was less. Workers in Panola County have cleaned up several thousand barrels of hot waste from 24 different sites in the past two years. Meanwhile, the http: / /w,NA•w.dentonrc. coin/ sharedcontent /dws /dre /specialprojects /drilling /storiesl'DRC NO... 3/10/2008 - -W � - _ -I- . va Environmental Protection Agency and Texas Railroad Commission continue to wrestle with large -scale contamination of the soil and drinking water there. Not normal Radium -226 and radium -228 are the two most common elements to travel up gas and oil wells. Both emit alpha particles and gamma radiation as they decay. Radon gas, the second leading cause of lung cancer, also is emitted as they decay. Radium and other NORM often come up with oil, but typically not with natural gas, according to James Otton, a geologist with the U.S. Geological Survey who has studied radium contamination. However, the more water is used to mine the gas, the more likely operators are to bring up NORM. Unlike most natural gas mining, which produces little water as a byproduct, Barnett Shale gas mining uses and produces about as much wastewater as oilfields do. A median 1,638 gallons of wastewater is produced per million cubic feet of Barnett Shale gas, according to U.S. Geological Survey data. Denton County gas wells produce 36 percent more wastewater than the Barnett median, or a median 2,226 gallons, for every million cubic feet of gas. Other factors also can predict whether concentrated levels of radium or other radioactive material will be produced along with the gas, Otton said. One factor is that organic -rich shale such as the Barnett Shale has higher levels of uranium. Another factor is the high level of salt in the wastewater produced along with the gas. As a gas well is producing, the variable pressure also helps free NORM from the shale, bond with other elements, such as barite and calcium carbonate, and travel to the surface along with the gas. Operators should regularly survey their equipment for NORM, according to Gerri Cooley, a health physicist with Lotus. Typically, operators decontaminate production equipment that gets plugged with the residue if they need to use the equipment. Otherwise, the pipes and tanks sit in storage until needed. But because proper disposal is expensive, some operators put off dealing with http: / /w-x w. dentonrc. com/ sharedcontent /dws /dre /specialprojects /drilling /stories /DRC NO... 3 /10/2008 - - - - -- - -�•_ _- =�- ��u�,t mews rar r�enton �'ounty, Tex _.. Page 5 of 7 it. "They are somewhat slow to call [us]," said Kenny Ryan, operations manager for Soloco. In addition to charges for cleaning up and hauling the waste, operators must pay upward of $300 a barrel for proper disposal, Ryan said. Both Soloco and Lotus have disposal facilities as well as cleanup crews. Exposure Health experts are still learning about the long -term effects of low -level radiation exposure, said Evan Douple, director of radiation - effects research at the National Academy of Science National Research Council. People are exposed to radiation every day in myriad different ways, some of it iri-nocuous and some harmful. Over the past 40 years, the council has published seven reports on the biological effects of ionizing radiation, much of it learned from studyi -ng the survivors of the atomic bomb blasts in Hiroshima and Nagasaki, Japari, more than 60 years ago. A person can get a whole -body dose of radiation by standing near a contaminated site that is emitting alpha particles or gamma rays. A person can also get a dose by ingesting or breathing in particulate, Douple said. While risk of exposure can be highest for oilfield workers, that risk can be managed as long as workers' doses are measured, Douple said. However, for the general public, exposure requirements are stricter because the circumstances are less controlled. "The materials need to be handled and properly removed to keep people's exposure to a minimum," Douple said. PEGGYHEINKEL -WOLFS can be reached at 940- 566 -6881. Her e -ma id http: / /w", %N.dentonic- coin/ sharedcontent ldwsldrelspecialprojects /drilling /stories /DRC NO... -3/ 1omm address is pheir7 kel- li5olfe(��-.del7toiii- e.cor77. BARNETT SHALE BY THE NUMBERS Cubic feet of gas produced in the Barnett Shale since 2000: 2.6 trilli ®n Thousand cubic feet of gas produced in Denton County in 2007: 884,662,302 Median gallons of water produced per thousand cubic feet of gas in Denton County: 2,226 Barrels of NORM waste removed from Denton County since 2005: about 85 Disposal cost per barrel: $150 to $300 Number of permitted gas well operators in Denton County: 67 Number of Denton County gas well operators cleaning up high -level 24ORM: 1- SOURCES: Argonne National Laboratory, Texas Railroad Commission, Texas Department of Health Services and U.S. Geological Survey NORM 101 Radioactive material is present in soils and rocks, but it can become concentrated to troublesome levels by oil and gas mining, hence the name technologically enhanced, naturally occurring radioactive material, or TiORM. NORM is least likely to be found when a gas well is first drilled. However, over the life of a producing well, both down the hole and in the mazes ®f pipes and equipment connected to it, NORM can crystallize on equipment ari-d continue its radioactive decay series, including leaching onto the soil. Opinions vary on the risk NORM presents to the environment, but experts agree that people, plants and animals can be affected by NORM in two ways — directly through ionizing radiation if standing near a contaminated site, or http: i/-,v,A, w. dentonrc. coml sharedcontentld wsldrelspecialprojects /drilling /stories /DRC NO... -3/'10/200$ vuo ua1-11b 0 —L.7 01u� ,ii L I LV11LV11 I 141. Vh'a iVl i t,'Z_ _ 1 u6%: 1 vX i indirectly by inhaling or ingesting particulate that travels from the site. In addition, structures built over NORM - contaminated soils can conce -rtrate radon to unhealthy levels. Once in the lungs, radon continues to decay inside lung tissue. Radon is second leading cause of lung cancer. Radium -226 and radium -228 are the most likely radioactive daughters to travel up with the water produced in oil and gas mining, but decontamination of other radionuclides in Texas in the past two years has included lead, bismuth and polonium -210. Proper disposal of NORM is expensive. A recent study by the Societe, of Petroleum Engineers found that, if assessment and cleanup of NORN4 were strictly regulated, it would make some oil and gas production uneconomic. SOURCES: Oil & Gas Accountability Project, Denton Record - Chronicle research http:// R,"'\ V. dentonrc. com/ sharedcontent/ dws/ drel specialprojects /drillinglstories.DRC. NO... 3 10 /2008 ix.auwa%_L1 V1- VV a3L%,3 11 V111 V 11 Q1111 %Jua 1-/1111 t t IE' I 1 \Uu I v VV I V.Jt l I l " — t 1 i -5— a — z VAW .E EPA Home RadTown USA Radioactive Wastes from Oil and Gas Drilling The oil and gas industry provides three - fifths of the energy for Radioactive Waste: the United States. When most of us drive a car, turn on a light Coal -Fired Power Plant bulb, or cook on a stove, a large portion of the energy we use Emissions comes from the fossils of plants and animals. While fossil fuels "Orphan" Radioactive are chemical sources of energy, the processes used to extract Sources in Scrap Metal Phosphogypsum them from the earth often generate radioactive waste. Radioactive Contamination at Clean -Up Sites R d' t' Waste from Even though we use them on a daily basis, most people know oa a Ic Ive s Oil and Gas Drilling little about the processes that take oil and gas from the Uranium Mines ground to produce energy. These processes may leave behind more topics... waste containing concentrations of naturally - occurring radioactive material (NORM) from the surrounding soils and rocks. Once exposed or concentrated by human activity, this Radioactive Wastes from Oil and Gas Drilling (PDF) naturally- occurring material becomes Technologically - (2pp, 130Kb) Enhanced NORM or TENORM. Radioactive materials are not [about pdf format] necessarily present in the soils at every well or drilling site. However in some areas of the country, such as the upper Midwest or Gulf Coast states, the soils are more like to contain radioactive material. Radioactive wastes from oil and gas drilling take the form of produced water, drilling mud, sludge, slimes, or evaporation ponds and pits. It can also concentrate in the mineral scales that form in pipes (pipe scale), storage tanks, or other extraction equipment. Radionuclides in these wastes are primarily radium-226, radium _228, and radon_ gas. The radon is released to the atmosphere, while the produced water and mud containing radium are placed in ponds or pits for evaporation, re -use, or recovery. The people most likely to be exposed to this source of radiation are workers at the site. They may inhale radon gas which is released during drilling and produced by the decay of radium, raising their risk of lung cancer. In addition, they are exposed to alpha and gamma radiation released during the decay of radium -226 and the low- energy gamma radiation and beta particles released by the decay of radium -228. (Gamma radiation can also penetrate the skin and raise the risk of cancer.) Workers following safety guidance will reduce their total on -site radiation exposure. Most states and federal land management agencies currently have regulations which control the handling and disposal of radionuclides which may be present in production sites. However, the general public may be exposed to TENORM from oil and gas drilling when sites that were active prior to the mid- 1970s, when regulations went into effect, are released for public use. It is likely that a number of these sites contain radioactive wastes. The public may also be exposed when contaminated equipment is reused in construction projects. Who is protecting you http:// vk° ww. epa. gov /radtown/drilling- v`-w 3 %10/2008 Radioactive Wastes trom Uil and Uas Drilling I xaaiown UaH I U�) r,rti rarc /_ kl U.S. Environmental Protection Agency (EPA) EPA is responsible for setting federal radiation standards for exposure to NORM and TENORM. EPA develops standards for the oil and gas extraction and production industry under the Clean Air Act, Clean Water Act, Safe Drinking Water Act, Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation, and Liability Act. The States Each state has one or more programs that address both NORM and TENORM. Some states have established or set limits to control to TENORM. These limits apply to the oil and gas drilling industry. Most states also control public exposure to radiation through programs implementing the federal Clean Air Act, Clean Water Act and other environmental laws authorized by the EPA. U.S. Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) DOL's Occupational Health and Safety Administration (OSHA) establishes health and safety regulations for the oil and gas extraction, production, and servicing industry. OSHA also issues hazardous information bulletins to inform staff and the public of significant occupational safety and health issues including radiation hazard recognition, evaluation, and control in the workplace. U.S. Department of Energy (DOE) DOE provides grants for research on the use and disposal of radioactive materials related to the development of energy sources. What you can do to protect yourself Government organizations continue to address potential threats from oil and gas drilling and production for the public health and safety but you can take actions as well for your own health and safety. Workers in the industry have the potential for overexposure to radioactive material and must stay up -to -date on federal, state, and industry health and safety guidelines. Following these procedures will reduce total on -site exposure. Workers also need to take precautions to avoid bringing radioactive material residue on their clothes and shoes home to their families and neighborhoods. Change out of potentially contaminated clothes and shoes before returning to the family car and to your home or office. Do not re -use or bring home discarded equipment or material such as pipes, devices, bricks, rocks, or water. Members of the public should contact their local state geological survey or bureau of health to determine if there is a likelihood of NORM and TENORM occurrence associated with oil and gas production in their state, or area where they live. Until then: hittp:// ww- w. epa. plov /radtown/'drilling- waste.html 3/10/2008 iiQaui Ia%_L1 V L. V\ LL.7LV.3 11MILI V 11 G111LL V 4 L1 III 111Cu I ltlila 1 v — as v — -I v v -- - - - - -p - - Limit exposures and disturbance of the production site and any abandoned equipment. Do not handle, dispose or re -use abandoned equipment used at drilling sites. Resources Tech nol ogicall y_ Enhanced _ Naturally-Occurring _Radioactve Material (T_ENO_RM) 2006 - U.S. Environmental Protection Agency At this site, you can find information on health concerns, the products, processes and industries that generate TENORM and applicable EPA laws and guidelines. Sector Notebook_ Project_- Oil and Gas Extraction [about pdf format] 2000 - U.S. Environmental Protection Agency Office of Enforcement and Compliance Assurance This document provides a description of the oil and gas extraction process, how to comply with EPA's health and the environmental laws and techniques for pollution prevention. NORM _( Naturally- Occurring_Radioactive-_ Material 2005 - North Dakota Health Department At this site, you will learn about naturally- occurring radioactive material (NORM) and state requirements. Oil and Gas _ Well Drilling_ and_Serv_ic-ing _eTool U.S. Department of Labor, Occupational Safety and Health Administration This site offers a worker possible solutions for reducing exposure to radiation under the well logging section. Potential_ Health _ Hazards Associated with Handling-Pipe- Used - in. oil_ and -Gas Production 26 January 1989 - OSHA Hazard Information Bulletins U.S. Department of Labor, Occupational Safety and Health Administration This document warns workers of possible inhalation or ingestion of radioactive material in cutting and welding oil and gas pipes. Safety Report _Series No_ _34 Radiation Protection and th - -e Management of Radioactive Waste in the Oil and Gas Industry [about _pdf format] 2003 - International Atomic Energy Agency This publication describes the precautions that should be taken in the oil and gas industry world -wide to reduce exposure to radioactive materials. http:// ww- w. epa. gov /radtown/drilling- v�raste.html 3/1 Cl /20C?8 DRAFT AN ORDINANCE ADOPTING A NEW CHAPTER, "GAS DRILLING AND PRODUCTION" TO BE ADDED TO THE CODE OF ORDINANCES OF THE TOWN OF WESTLAKE, TEXAS; PROVIDING FOR A FINE OF UP TO $2,000 FOR EACH VIOLATION OF THIS ORDINANCE; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY, GOVERNMENTAL IMMUNITY, INJUNCTIONS, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, there has been increased interest in gas drilling and production within the Town of Westlake; and WHEREAS, the Town of Westlake currently requires a Specific Use Permit for gas drilling and production and only allows this use within the 0-1 (Office — Industrial) zoning district, but does not have adequate comprehensive regulations concerning drilling and production of gas within the city limits; and WHEREAS, the Board of Aldermen finds that the drilling and production of gas within the city limits on property without adequate comprehensive regulations could affect the health, safety and welfare of its citizens; and WHEREAS, the Board of Aldermen deems it necessary to enact adequate comprehensive regulations for the drilling and production of gas on property within the city limits. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: I. That a new Chapter 56 "OIL AND GAS WELLS" be replaced in the Code of Ordinances of the Town of Westlake, Texas, so that hereafter said Chapter 56 shall be and read as follows: ARTICLE I GENERAL PROVISIONS Section 40 —1 -1 Short Title This Chapter shall be known and cited as the Gas Drilling and Production Chapter Section 40 -1 - 2 Purpose The exploration, development, and production of gas in the City is an activity which necessitates reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this Ordinance to establish reasonable and uniform limitations, safeguards and regulations for present and future operations on private property related to the exploring, drilling, developing, producing, transporting and storing of gas and other substances produced in association with gas within the City to protect the health, safety and general welfare of the public; minimize the potential impact to private property and mineral rights owners, protect the quality of the environment and encourage the orderly production of available mineral resources. To the extent that any provision of this Ordinance might be inconsistent or in conflict with the specific provisions of any other Ordinance of the Town of Westlake, this Ordinance shall control with regard to the conflict. ARTICLE II DEFINITIONS Section 2.01 Definitions All technical industry words or phrases related to the drilling and production of gas wells not specifically defined in this Ordinance shall have the meanings customarily attributable thereto by prudent and reasonable gas industry Operators. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Abandonment" means "abandonment" as defined by the Texas Railroad Commission and includes the plugging of the well and the restoration of any well site as required by this Ordinance. "Affiliate" means any individual, partnership, association, joint stock company, limited liability company, trust, corporation or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. "Blowout Preventer" means a mechanical, hydraulic, pneumatic or other device or combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith, which can be closed around the drill pipe, or other tubular goods which completely closes the top of the casing and are designed for preventing blowouts. "Building" means any structure which is built for the support, shelter, or enclosure or partial enclosure of persons, animals, chattels, equipment or movable property of any kind including pools. "Building Official" is the officer or other designated authority charged with administration and enforcement of this Chapter, or the Building Official's duly authorized representative. "Cathodic Protection" means an electrochemical corrosion control technique accomplished by applying a direct current to the structure that causes the structure potential to change from the corrosion potential to a protective potential in the immunity region. The required cathodic protection current is supplied by sacrificial anode materials or by an impressed current system. "Church" means a facility or area for people to gather together for public worship, religious training, or other religious activities including a temple, mosque, synagogue, convent, monastery or other structure, together with its accessory structures, including a parsonage or rectory. This use does not include home meetings or other religious activities conducted in a privately occupied residence. "City" means the Town of Westlake. "City Code" means the Code of the City. "City Attorney" means the City Attorney of the City. "Board of Aldermen" means the elected governing body for the City. "City Manager" means the City Manager of the City. "Closed Loop System" means a series of tanks including filters, separators and shakers on the discharge side of the drilling process that contains by- products of drilling such as cuttings and earthen materials to contain the by- products and recycle useable materials for reuse in the drilling process." "Company" means the company authorized by an Agreement to install and maintain gas pipelines within the City's Public Right -of- Way." "Completion of Drilling, Re- drilling and Re- working" means the date the work is completed for the drilling, re- drilling, flowback or re- working operations and the crew is released by completing their work or contract or by their employer. "Compressor" means a device or facility that raises the pressure of natural gas and /or by products. Compressors are any devices that create a pressure differential to move or compress a vapor or a gas. Any such device used alone or in series to adequately compress a gas is considered a compressor. "Compressor Station" means a facility or location that contains a compressor or compressors to facilitate the movement of natural gas and /or its byproducts through a pipeline. "Customer" means any Person located within or conducting business in whole or in part within the City. "Day" means a calendar day. "Derrick" means any portable framework, tower, mast and /or structure which is required or used in connection with drilling or re- working a well for the production of gas. "Drilling" means digging or boring a new well for the purpose of exploring for, developing or producing gas or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid or substance into the earth. "Drilling Equipment" means the derrick, together with all parts of and appurtenances to such structure, every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling. "Drill site" means the immediate area used during the drilling or re- working of a well or wells located there and subsequent life of a well or wells or any associated operation. "Emergency Response Plan" means a plan that is put in place to deal with emergency situations that may occur at the site during all stages of the drilling and production process. "Exploration" means geologic or geophysical activities, including seismic surveys, related to the search for gas or other subsurface hydrocarbons. "Fire Department" means the Fire Department of the City. "Fire Marshal" is the officer or other designated authority charged with fire prevention and fire investigations, or the Fire Marshal's duly authorized representative. "Flaring" means to burn off gas during the flow back stage. The process includes a series of secured piping to facilitate the flow of gas and a combustion chamber to ignite the gas. "Flow Back Operations" includes work over and other means necessary to expel water from the drilling hole in order to facilitate the production of gas. 3 "Frac Tank" means a man made water storage tank designed using earthen berms to contain water and that are designed in accordance with this ordinance. "Fracturing" means the injecting of a fluid into a well to cause pressure that "cracks" or opens up fractures already present in the formation. "Gas" means any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions and /or the gaseous components or vapors occurring in or derived from petroleum or natural gas. "Gas Monitor" means an a device approved by the City that monitors the air for specific gases and will sound an alarm and /or transmit a signal to an off site monitoring facility when specific gases are detected in the air. "Gas well" means any well drilled, to be drilled, or used for the intended or actual production of natural gas. "Hospital" means a facility or area for providing health services primarily for human in- patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out - patient departments, training facilities, central services facilities and staff offices that are an integral part of the facilities. "Operation- site" means the area used for development and production and all operational activities associated with gas after drilling activities are complete. "Operator" means, for each well, the person listed on the appropriate Texas Railroad Commission forms for a gas well that is, or will be, actually in charge and in control of drilling, maintaining, operating, pumping or controlling any well, including, without limitation, a unit Operator. If the Operator, as herein defined, is not the lessee under a gas lease of any premises affected by the provisions of this Ordinance, then such lessee shall also be deemed to be an Operator. In the event that there is no gas lease relating to any premises affected by this Ordinance, the owner of the fee mineral estate in the premises shall be deemed an Operator. "Permit" means any written license granted by the City for the exploration, development, and production of gas wells issued pursuant to the rules and regulations of this Chapter. "Person" means an individual, person, firm, partnership, co- partnership, affiliate, corporation, society, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative; and shall include both singular and plural and the masculine shall include the feminine gender. " Pipeline(s)" means the pipeline(s) and other facilities approved by the City that are installed by the Company in the Public Rights -of -Way in accordance with a Right -of -way Use Agreement. "Production" means the period after the fracturing and flow back operations have been completed and natural gas has been run through a series of separators and tank batteries to metering devices and in to the pipeline. "Public Building" means all buildings used or designed and intended to be used for the purpose of assembly of persons for such purposes as deliberation, entertainment, amusement or health care. Public buildings include, but are not limited to, theatres, assembly halls, auditoriums, funeral homes, gymnasiums, bowling alleys, courtrooms, jails, restaurants and hospitals. "Public Parks, Playground, or Golf Course" means a facility or area for recreational, cultural or aesthetic use owned or operated by a public agency and available to the general public. This 4 definition may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and water courses. "Railroad Commission" means the Texas Railroad Commission. "Re- drill" means re- completion of an existing well by deepening or sidetrack operations extending more than one hundred fifty (150) feet from the existing well bore. "Residence" means a house, duplex, apartment, townhouse, condominium, mobile home or other building designed for human dwelling purposes, including those for which a building permit has been issued on the date the application for a Gas Well Permit is filed with the Building Official. "Re- working" means re- completion or re -entry of an existing well within the existing bore hole or by deepening or sidetrack operations which do not extend more than one hundred fifty (150) feet from the existing well bore, or replacement of well liners or casings. "Right -of -way" means any area of land within the City that is acquired by, dedicated to, or claimed by the City in fee simple, by easement, by prescriptive right or other interest and that is expressly or impliedly accepted or used in fact or by operation of law as a public roadway, sidewalk, alley, utility, drainage, or public access easement or used for the provision of governmental services or functions. The term includes the area on, below, and above the surface of the public right -of -way. The term applies regardless of whether the public right -of -way is paved or unpaved. "Road Repair Agreement" means a written agreement provided by or approved by the City obligating the operator, at his own expense, to repair damage, excluding ordinary wear and tear, if any, including but not limited to, Public Rights -of -Ways, pursuant to and in accordance with a Right -of -Way Use Agreement. "Right -of -Way Use Agreement" means the authorization issued to the Company to use the Public Rights -of -Ways for (a) the construction, installation, maintenance and repair of Company's Pipeline; (b) the use of such Pipeline for the transportation of gas; and (c) any other directly related uses of the Public Rights -of -Ways pursuant to and in accordance with a Right -of -Way Use Agreement. "School" means any public or private primary or secondary facility providing education through and including the twelfth grade as well as any licensed day care centers, meaning any facility licensed by the State of Texas for purposes of providing care, training, education, custody, treatment or supervision for more than six (6) children under fourteen (14) years of age for less than twenty -four (24) hours per day including after school and summer programs. "Street" means any public thoroughfare dedicated to the public use and not designated as an alley or private access easement. "Tank" means a container, covered or uncovered, used in conjunction with the drilling or production of gas or other hydrocarbons for holding or storing fluids. "Technical advisor" means such person(s) familiar with and educated in the gas industry or the law as it relates to gas matters who may be retained from time to time by the City. "Truck route" means a designated route for commercial vehicles as designated by the City. "Watchman" means a regular or contract employee of the Company whose sole purpose is to monitor conditions on the property, protect the property from unauthorized entry or tampering and provide for the safety and security of the property, employees and the surrounding community. 4" "Well" means a hole or holes, bore or bores, to any horizon, formation, or strata for the purpose of producing gas, liquid hydrocarbon, brine water or sulphur water, or for use as an injection well for secondary recovery, disposal or production of gas, or other hydrocarbons from the earth. "Wire line logging" means the use of radioactive isotopes which are used when measuring formations within the immediate vicinity of the drilling hole. ARTICLE III INSPECTION Section 3.01. Inspection A. The Building Official is designated with the authority to oversee the administration and enforcement of this Chapter. The Building Official has the authority to contract the services of a Gas Inspection Services Provider or any other technical advisors familiar with the gas industry. B. The Building Official shall have the authority to enter and inspect any premises covered by the provisions of this Ordinance to determine compliance with the provisions of this Ordinance and all applicable laws, rules, regulations, standards or directives of the City or State. Failure of any person to permit access to the Building Official shall constitute a violation of this Ordinance. The Building Official may conduct periodic inspections of all permitted wells in the City to determine that the wells are operating in accordance within proper safety parameters as set out in this Ordinance and all regulations of the Railroad Commission. The Inspection Services Provider shall ensure the drilling site meets all site plan conditions as approved in the drilling permit. The Building Official shall have the authority to approve minor changes to the site plan in order to facilitate conditions conducive to operations as long as they do not conflict with this ordinance. Any major or significant change in the site plan layout shall require an amended permit submittal and approval by the City. C. The Building Official shall have the authority to request and receive any records, including any records sent to the Railroad Commission, logs, reports and the like, relating to the status or condition of any permitted well necessary to establish and determine compliance with the applicable Gas Well Permit. ARTICLE IV AGENT Section 4.01 Operator's Agent Every Operator of any well shall designate an agent, who is a resident of the State of Texas, upon whom all orders and notices provided in this Ordinance may be served in person or by registered or certified mail. Every Operator so designating such agent shall within ten (10) days notify the Building Official in writing of any change in such agent or such mailing address unless operations within the City are discontinued. 6 ARTICLE V GAS WELL PERMITS SEISMIC SURVEY REQUIREMENTS Section 5.01 Seismic Survey Requirements The City shall be notified prior to any seismic surveys being conducted in the City. No seismic survey shall be conducted in any right -of -way unless the applicant can provide proof of lease of mineral property within 200 feet of the right -of -way on which the survey is to be conducted. Authorization for work in the right -of -way shall be approved by the Director of Public Works prior to issuance of a permit. All seismic survey applications shall be submitted to the City and approved by the Building Official. The seismic survey shall not begin prior to the issuance of a right -of -way permit from the City. 1. Under no circumstances may explosive charges of any type be used in any way related to the preparation and /or conducting of a seismic survey. ARTICLE VI GAS WELL PERMITS Section 6.01 Gas Well Permit Required A. Specific Use Permit — A Gas Well Permit may only be obtained from the City with an approved Specific Use Permit. B. Drilling Operations - A person wanting to engage in and operate in gas production activities on public or private property shall apply for and obtain a Gas Well Permit under this Ordinance. It shall be unlawful for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, re- working, fracturing or operation of any such well or to conduct any activity related to the production of gas without first obtaining a Gas Well Permit issued by the City in accordance with this Ordinance. The Operator must apply for and obtain a Gas Well Permit for the drilling, re- drilling, deepening, re- entering, activating or converting of each well on private property. Such activities include, but are not limited to initial site preparation, construction of rigs or tank batteries, fracturing and pressurizing, drilling, operation, production gathering or production maintenance, repair, re- working, testing, plugging and abandonment of the well and/or any other activity associated with mineral exploration at the site of such well. A permit shall not be required for seismic surveys. C. Gas Well Pad Site Permit - The Operator may apply for and obtain a "blanket" Gas Well Pad Site Permit for more than one well, if multiple wells are located on the same pad site as defined by the SUP. D. Abandoned Well Permit - An expired Gas Well Permit or an existing active permit for a well that has been abandoned shall not constitute authority for the re- entering and drilling of an abandoned well. An Operator shall obtain a new Gas Well Permit in accordance with the provisions of this ordinance if the Operator is re- entering and drilling an abandoned well. In the event of a dispute over the status of an "abandoned" well, the City Manager will determine, after consulting with the Building Official, if the well is "abandoned" and the determination of the City Manager shall be final. E. New or Supplemental Permit - A new or supplemental permit shall be obtained before such well may be reworked for purposes of re- drilling, deepening or converting such well to a depth or use other than that set forth in the then current permit for such well. F. Requirements for Notification of Drilling Related Activities - Any person who intends to re- work a permitted well using a drilling rig, to fracture stimulate a permitted well after initial completion or to conduct seismic surveys or other exploration activities, shall give written notice to the Building Official and Fire Marshal no less than ten (10) days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including whether explosive charges will be used, the duration of the activities and the time the activities will be conducted. The notice must also provide the address and 24 -hour phone number of the person conducting the activities. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address and 24 -hour phone number of the person conducting the activities. If the Building Official or the Fire Marshal determines that an inspection is necessary, the Operator will pay the City for the inspection. G. Requirements for Fracture Stimulation Operations - The following requirements shall apply to all fracture stimulation operations performed on a well within six hundred (600) feet of an occupied residence: 1) at least 72 hours before operations are commenced, the operator shall post a sign at the entrance of the well site advising the public of the date the operations will commence; 2) "flowback" operations to recover fluids used during fracture stimulation shall be performed during daylight hours only unless the city approves such operations during non - daylight hours; 3) a watchman shall be required at all times during such operations; and 4) at no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank. H. Termination and Extension of Permit - A Gas Well Permit shall automatically terminate, unless extended, if drilling is not commenced within one hundred eighty (180) days from the date of the issuance of the Gas Well Permit. Drilling must commence within one hundred eighty (180) days from the date of the issuance of the Gas Well Permit on at least one well under a Gas Well Pad Site Permit as described in Section 6.01 (C) in order to maintain the validity of the Gas Well Permit for the multiple wells. A Gas Well Permit may be extended by the Building Official for an additional one hundred eighty (180) days upon request by the Operator and proof that the classification of the requested Gas Well Permit for such location has not changed. If a request is not received or an extension is denied, the applicant shall forfeit all fees paid and shall be responsible for making a new application and paying new fees after one hundred eighty (180) days from the initial permit approval if drilling has not commenced or if the operator fails to correct any noncompliance as a result of a suspension or revocation of a gas well permit. Wire Line Logging Approval — Ten days prior to this event a written notification shall be made to and a written acknowledgement received from the Building Official and the Fire Marshals Office. Appropriate permits related to the operation must be obtained from the Fire Marshals Office. Once approved, the operator shall notify the Office of the Fire Marshal and the Building Official a minimum of 72 hours prior to the commencement of the event. A plan must be submitted and approved for the transportation route of any explosives or radioactive materials to be used, and the transporting vehicles must follow that route. An on -site inspection will take place once the items have beer delivered and prior to their use. Proper signage shall be posted for the procedure. 8 J. Perforating Notification Approval - Ten days prior to this event written notification shall be provided to the Building Official. Perforating requires the approval of the Building Official and the Fire Marshal. Once the perforating schedule is approved, the operator shall notify the Office of the Fire Marshal and the Building Official a minimum of 72 hours prior to the commencement of the event. A plan must be submitted and approved for the transportation route of any explosives or radioactive materials to be used, and the transporting vehicles must follow that route. An on -site inspection will take place once the items have been delivered and prior to their use. Proper signage shall be posted for the procedure. All appropriate permits for any explosive or radioactive materials must be obtained by the Fire Marshal prior to any such products being brought into the City. K. Other Permits Required - The Gas Well Permits required by this ordinance are in addition to, and are not in lieu of, any permit which may be required by the Town of Westlake Development Code or any other provision of this Code or by any other governmental agency. It is the intent of this section to clarify that no building or structure shall be erected, altered, enlarged, demolished or otherwise built, modified or removed without a permit from the Office of the Building Official. It shall also be the responsibility of any person, firm or corporation to register as a general contractor with the City and obtain a building permit for any work that will require a permit. This includes, but is not limited to, construction of gates, fences, plumbing, irrigation, electricity, roadways, flow lines, gathering lines, tank batteries and buildings. Fees for work to be performed will be assessed in accordance with the City fee schedule. L. Floodplain - No Gas Well Permit shall be issued for any well to be drilled within any floodway. The SUP approval process will consider gas well development in the floodplain. Gas well development that will result in any changes to either the FEMA Flood Insurance Rate Maps (FIRM) or the corresponding hydraulic model will require the operator to obtain a FEMA Letter of Map Revision (LOMR). M. Ordinance in Full Effect - By acceptance of any Gas Well Permit issued pursuant to this Ordinance, the Operator expressly stipulates and agrees to be bound by and comply with the provisions of this Ordinance. The terms of this Ordinance shall be deemed to be incorporated in any Gas Well Permit issued pursuant to this Ordinance with the same force and effect as if this Ordinance was set forth verbatim in such Gas Well Permit. N. No Gas Well Permit shall be issued for any well to be drilled within any of the streets or alleys of the City and/or projected streets or alleys, and no street or alley shall be blocked or encumbered or closed due to any exploration, drilling or production operations unless prior consent is obtained from the Building Official using the street closure process in place through the Public Works Department. Section 6.02 Gas Well Permit Application and Filing Fees A. Every application for a Gas Well Permit issued pursuant to this Ordinance shall be in writing signed by the Operator, or some person duly authorized to sign on his behalf, and filed with the Office of the Building Official. B. Every application shall be accompanied by a non - refundable permit fee of $10,000 per well site, and $5,000 per additional well drilled on that site. In addition, annual inspection fees of $2,500 per well will be required. C. The application shall include the following information: 1. A copy of the approved Railroad Commission Permit to drill, together with attachments and survey plats, which are applicable to the drill and operation- sites. 9 2. The date of the application. 3. An accurate legal description of the lease property to be used for the gas operation, the parcel and the production unit and name of the geologic formation as used by the Railroad Commission. Property recorded by plat should reference subdivision, block and lot numbers. 4. Map showing proposed transportation route and road for equipment, chemicals or waste products used or produced by the gas operation. 5. Proposed well name. 6. Surface owner name(s) and address(es) of the lease property. 7. Mineral Lessee name and address. 8. Applicant/Operator name and address and if the Operator is a corporation, the state of incorporation, address, officers names and addresses, registered agent and address and Articles of Incorporation; and if the Operator is a partnership, the names and addresses of the general and limited partners. Copies of any Doing Business As filings. 9. Name and address of individual designated to receive notice. 10. Name of representative with supervisory authority over all gas operation -site activities and a 24 -hour phone number. 11. A detailed site plan that includes specific details of the projected location of the major components of the drilling site, impacted vegetation, creeks and other topographic features, adjacent building and other structures and the measured distance from the well site to these buildings and structures, temporary and permanent fencing and landscaping. 12. The name, address and 24 -hour phone number of the person to be notified in case of an emergency. 13. The exact and correct acreage and number of wells included in the Gas Well Permit application. 14. A signed Road Repair Contract supplied by the City that provides that the Operator shall repair, at his own expense, any damage to roads, streets, or highways caused by the use of heavy vehicles for any activity associated with the preparation, drilling, production, and operation of gas wells. 15. A description of public utilities required during drilling and operation. 16. A description of the water source and protection of water source from possible cross contamination to be used during drilling. 17. A copy of the Stormwater Pollution Prevention Plan as required by the Texas Commission on Environmental Quality. A copy of the notice of intent shall be submitted to the Town of Westlake Director of Public Works, ten (10) days prior to the commencement of any onsite activity. 10 18. A copy of the determination by the Texas Commission on Environmental Quality of the depth of useable quality ground water. 19. The insurance and security requirement documents under this Ordinance. 20. A notarized statement signed by the Operator, or designated representative, that the information submitted with the application is, within the personal knowledge of the operator or designated representative, true and correct. 21. All required application and Gas well permit fees. 22. A grading plan and a drainage plan prepared by a civil engineer licensed in the State of Texas that meets the approval of the Director of Public Works. 23. A copy of the Emergency Response Plan for the site. 24. A Hazardous Materials Inventory Statement including MSDS sheets on all products being used broken down into drilling and post drilling documents. 25. An erosion control plan meeting the approval of the Director of Public Works. 26. An approved Vehicle Route Plan. 27. Map showing the location and route of any pipeline within the boundaries of the Town of Westlake that will be used by the Operator during the gas drilling and production process as well as the transportation of the gas. 28. Illustrated lighting plan must be included in the Specific Use Permit. The plan will reflect the lighting for the entire site which includes the grounds, equipment and any drilling apparatus or structure including the type of light to be used, location, height and degree of illumination up to 1,000 feet as demonstrated by a photometric study. 29. An acknowledgement form indicating that the operator agrees to comply with all of the requirements of this ordinance. Section 6.03 Issuance of Gas Well Permit A Gas Well Permit shall be required if the proposed well is to be located within the City. A. Permitting Procedure I. It is the responsibility of the Building Official to review and approve or deny all applications for gas well drilling permits based on the criteria established by this Ordinance. The Building Official, within forty-five (45) days after the filing of a completed application and remittance of all fees, insurance and security per the requirements of this Ordinance for a Gas Well Permit, shall determine whether or not the application complies in all respects with the provisions of this Ordinance and shall determine if the proposed well to be drilled or the facility to be installed is in compliance with the distance requirements for the requested Gas Well Permit. 2. Any amendment of an application for a Gas Well Permit shall be considered a change in the application and will reset the forty -five (45) day period for the Building Official to determine whether or not an application complies in all respects with the provisions of the Ordinance. 11 3. The provisions of this Ordinance shall apply to any dwellings or buildings for which an application for a building permit has been submitted on the date the application for a Gas Well Permit is filed with the Office of the Building Official. B. Well setbacks for Gas Well Permit — See Article VIII, Section 8.01 Technical Regulations B. Well Setbacks. C. Fencing Requirements for Drilling Site Perimeter A masonry fence a minimum of six (6) feet but not to exceed eight (8) feet in height shall enclose all completed wells, equipment and tanks located within a gas drilling site. 2. Gate requirements and other fencing requirements as outlined in Section 8.02 of this Ordinance shall also be required. D. Landscaping Screening shrubs shall be installed completely around the well site and all fences and be sufficient to screen from view the structures sought to be screened. All landscaping shall be installed within thirty (30) days after production has been established at all operation sites. Screening shrubs shall be of a drought tolerant type and be a minimum of three (3) feet in height at planting, have the potential to grow to a mature height of five (5) feet and, must have an installed irrigation system that provides total water coverage to all plant materials unless the Building Official determines that an irrigation system is not necessary. The vegetation or berms shall be kept in an attractive state and in good condition at all times by the applicant or operator. E. Vehicle Routes for Gas Well Permit Vehicles associated with drilling and/or production in excess of three tons shall be restricted to such streets designated as either truck routes or commercial delivery routes by the City Code wherever capable of being used. The vehicles shall be operated on a truck route wherever capable of being used; they shall be operated on a commercial delivery route only when it is not possible to use a truck route to fulfill the purpose for which such vehicle is then being operated. Commercial delivery route means any street or highway so designated by the Board of Aldermen for the use by any commercial motor vehicle, truck - tractor, trailer, semi - trailer, or any combination thereof. Operators will be required to develop a proposed Vehicle Route Plan for vehicles associated with drilling and /or production in excess of three tons. This plan must be submitted to and approved by the Director of Public Works prior to the issuance of a Gas Drilling Permit. Vehicles associated with drilling and /or production in excess of three tons will be required to adhere to the approved Vehicle Route Plan. F. Work Hours for Gas Well Permit Site development, other than drilling, shall be conducted only between 7 a.m. and 7 p.m., Monday through Friday and 9 a.m. and 6 p.m. on Saturday and Sunday. Truck deliveries of equipment and materials associated with drilling and /or production, well servicing, site preparation and other related work conducted on the well site, shall be limited to the specified hours and days except in cases of fires, blowouts, explosions and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. The Building Official shall receive and process all requests to work after permitted hours and the City Manager has the authority to approve additional hours 12 C 13 of work when the well site is located in such a position that the operations at or related to the site will not have an adverse impact on adjacent properties. Noise Restrictions for Gas Well Permit No well shall be drilled, redrilled or any equipment operated at any location within the city in such a manner so as to create any noise which causes the exterior noise level when measured at the nearest Protected Use receiver'slreceptor's property line or one hundred (100) feet from the nearest Protected Use structures (measured to the closest exterior point of the building), whichever is closer to the receiver /receptor, that exceeds the Ambient Noise Level by more than five (5) decibels during daytime hours and more than three (3) decibels during nighttime hours. Fracing operations may not exceed the Ambient Noise Level by more than ten (10) decibels. Backflow operations may not exceed the Ambient Noise Level by more than five (5) decibels during nighttime hours. 2. The Operator shall be responsible for establishing and reporting to the City the pre - drilling Ambient Noise Level prior to the issuance of a gas well permit. Once the drilling is complete, the Operator shall be required to establish a new Ambient Noise Level prior to the installation of any new noise generation equipment. The Building Official shall be present when all tests are made to determine Ambient Noise Levels. 3. Adjustments to the noise standards as set forth above in subsection (1) of this section may be permitted in accordance with the following: Permitted Increase (dBA) 5 10 15 20 Duration of Increase (minutes)* 15 5 1 less than 1 *Cumulative minutes during any one hour 4. Ali workover operations shall be restricted to daytime hours. " Workover operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production. 5. The exterior noise level generated by the drilling, redrilling or other operations of all gas wells located within six hundred (600) feet of a Protected Use shall be continuously monitored, to ensure compliance. The cost of such monitoring shall be borne by the Operator. The monitoring will be conducted in such a way to guarantee that the results are continuously recorded and retained for periodic review by the Building Official. 6. Acoustical blankets, sound walls, mufflers or other alternative methods as approved by the Building Official may be used to ensure compliance. All soundproofing shall comply with accepted industry standards and be subject to approval by the City's Fire Department. The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute's Standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. B. A citation shall be issued for the failure to correct the violation after there has been a notice of a violation by either the Building Official or the Town of Westlake Police. 9. During nighttime operations, the operation of vehicle audible back -up alarms shall be prohibited or replaced with approved non - auditory signaling systems, such as spotters or flagmen. Deliveries of pipe, casing and heavy loads shall be limited to daytime hours, except for emergency situations. The Derrick Man and Driller shall communicate by walkie- talkie or other non disruptive means only when the Derrick Man is in the derrick. Horns may not be used to signal for connection or to summon crew (except that a horn may be used for emergency purposes only). The operator shall conduct onsite meetings to inform all personnel of nighttime operation noise control requirements. H. Tank Specifications for Gas Well Permit All tanks and permanent structures shall conform to the American Petroleum Institute (A.P.I.) specifications unless other specifications are approved by the Fire Marshal. The top of the tanks shall be no higher than eight (8) feet above the terrain surrounding the tanks. All tanks shall be set back pursuant to the standards of the Railroad Commission and the National Fire Protection Association, but in all cases, shall be at least seventy-five (75) feet from any public right -of -way or property line. Tank installations must conform to the provisions of the Fire Code in effect in the City at the time of application as well as any site specific requirements imposed by the Fire Marshal. Use of outside water source prohibited All water used in relation to the drilling process shall be purchased from the Town of Westlake. J. All other provisions outlined in this Ordinance shall be required. Section 6.04 Denial of Gas Well Permit Application If the Building Official denies a Gas �L'ell Permit application for reasons other than lack of required distance as set out in this Ordinance for the requested Gas Well Permit, he shall notify the Operator in writing of such denial stating the reasons for the denial. Within thirty (30) days of the date of the written decision of the Building Official to deny the Gas Well Permit, the Operator may cure those conditions that caused the denial and resubmit the application to the Office of the Building Official for approval and issuance of the Gas Well Permit. If the operator cures the conditions that caused the denial within the thirty (30) day period he will not be required to pay another permit application fee. All responses outside of thirty (30) day period will be required to pay a new permit application fee. Section 6.05 Amendment of Gas Well Permits A. Application for amended Gas Well Permits shall be in writing, shall be signed by the Operator, and shall include the following: Every application shall be accompanied by a non - refundable permit fee as approved by ordinance of the Westlake Board of Aldermen. In addition, annual inspection fees will be required as approved by ordinance. 2. A description of the proposed amendments; 14 3. Any changes to the information submitted with the application for the existing Gas Well Permit (if such information has not previously been provided to the City); 4. Such additional information as is reasonably required by the Building Official to demonstrate compliance with the applicable Gas Well Permit; and 5. Such additional information as is reasonably required by the Building Official or Fire Marshal to prevent imminent destruction of property or injury to persons. B. All applications for amended Gas Well Permits shall be filed with the Office of the Building Official and will be reviewed by the Building Official and other city departments. Incomplete applications may be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies; however, the City shall retain the application fee. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the Operator. C. If the activities proposed by the amendment are not materially different from the activities covered by the existing Gas Well Permit, and if the proposed activities are in conformance with the applicable Gas Well Permit, then the Building Official shall approve the amendment. D. The decision of the Building Official to deny an amendment to a Gas Well Permit shall be provided to the Operator in writing within fourteen (14) days after the decision, including an explanation of the basis for the decision. E. An Operator must submit an application for a Specific Use Permit to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) an existing Gas Well Permit. Section 6.06 Suspension or Revocation of Gas Well Permit, Effect A. If an Operator (or its officers, employees, agents, contractors, or representatives) fails to comply with any requirement of a Gas Well Permit (including any requirement incorporated by reference as part of the Gas Well Permit), the Building Official shall give written notice to the Operator specifying the nature of the failure and giving the Operator a reasonable time to cure, taking into consideration the nature and extent of the failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than thirty (30) days, unless the failure presents a risk of imminent destruction of property or injury to persons or unless the failure involves the Operator's failure to provide periodic reports as required by this Ordinance. B. If, the Operator fails to correct the noncompliance within thirty (30) days from the date of the notice, the Building Official may suspend or revoke the Gas Well Permit pursuant to the provisions of this Ordinance. C. No person shall carry on any operations performed under the terms of the Gas Well Permit issued under this Ordinance during any period of any Gas Well Permit suspension or revocation or pending a review of the decision or order of the City in suspending or revoking the Gas Well Permit. Nothing contained herein shall be construed to prevent the necessary, diligent and bona fide efforts to cure and remedy the default or violation for which the suspension or revocation of the Gas Well Permit was ordered for the safety of persons or as required by the Railroad Commission. D. If the Operator does not cure the noncompliance within the time specified in this Ordinance, the Building Official, upon written notice to the Operator, may notify the 15 Railroad Commission and request that the Railroad Commission take any appropriate action. E. If an application for a Gas Well Permit is denied by the Building Official, nothing herein contained shall prevent a new permit application from being submitted to the Office of the Building Official for the same well. Section 6.07 Periodic Reports A. The Operator shall notify the Building Official and the Fire Marshal of any changes to the following information within one business week after the change occurs: 1. The name, address, and phone number of the Operator; 2. The name, address, and phone number of the person designated to receive notices from the city (which person must be a resident of Texas that can be served in person or by registered or certified mail); and 3. The Operator's Emergency Action Response Plan (including "drive -to- maps" from public rights -of -way to each drill site). B. The Operator shall notify the Building Official and the Fire Marshal of any change to the name, address, and 24 -hour phone number of the person(s) with supervisory authority over drilling or operations activities within one business day. C. The Operator shall provide a copy of any "incident reports" or written complaints submitted to the Railroad Commission within 30 days after the Operator has notice of the existence of such reports or complaints regardless of the specifics, causes or basis for the complaint. D. Beginning on December 31st after each well is completed, and continuing on each December 315t thereafter until the Operator notifies the Inspector that the well has been abandoned and the site restored, the Operator shall submit a written report to the Inspector identifying any changes to the information that was included in the application for the applicable Gas Well Permit that have not been previously reported to the City. E. Requirement to Report Emergencies. (1) The operator shall immediately notify the Office of the Building Official, any third -party Inspection Services Provider and the Fire Department of any incident resulting in product loss from a hydrocarbon storage facility or pipeline, blowout, fire, explosion, incident resulting in injury, death or property damage, or any other significant incidents as defined by the Railroad Commission. (2) A written report, containing a brief summary of the incident, shall be submitted to the Office of the Building Official, any third -party Inspection Services Provider and the Fire Marshal by 5:00 p.m. on the first business day of the City following the incident. (3) A follow up report shall be submitted to the Office of the Building Official, any third - party Inspection Services Provider and the Fire Marshal within thirty (30) days following the incident. The follow up report shall contain the following information: (a) Operatorlapplicant name, phone number, address, and, if possible, email address. 16 (b) Description of the incident including the date, time, location and cause of the incident. (c) Duration of the incident, including when it began, when it terminated to the degree that it no longer constituted a hazard to the health, safety and well being of persons or property, regardless of the distance or separation from the place of incident. (d) How the incident was brought under control or remedied. (e) A full and complete description of the type of investigation or inquiry that was made concerning the incident, the findings thereof, and the action taken as a result of the findings to prevent a recurrence of the incident. (f) The report must be signed and dated by the person responsible for such report. ARTICLE VII INSURANCE, BOND AND INDEMNITY Section 7.01 Bond, Letters of Credit, Indemnity, Insurance A. General Requirements The Operator shall be required to: Comply with the terms and conditions of this Ordinance and the Gas Well Permit issued hereunder: Promptly clear drill and operation -sites of all litter, trash, waste and other substances used, allowed, or occurring in the operations, and after abandonment or completion grade, level and restore such property to the same surface conditions as nearly as possible as existed before operations. INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY OPERATOR UNDER A GAS WELL PERMIT: REGARDLESS OF WHETHER SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF OPERATOR. 4. Promptly pay all fines, penalties and other assessments imposed due to breach of any terms of the Gas Well Permit. Promptly restore to its former condition any roadway, right -of -way, or other public property damaged by the gas operation (See Road Repair Contract). Reimburse the Town of Westlake for any and all emergency response costs incurred while responding to an incident at a site(s) when relating to the drilling or extraction of gas or other minerals or relating to the transportation of the gas or 17 other minerals including via pipeline or other transport vehicle. Reimbursement contracted shall include but not be limited to the cost of personnel, equipment services used in the event. B. Bond, Irrevocable Letter of Credit 1, Prior to the issuance Dent n the form Permit, m ofabond or an irrevocabrle letter of credit as with a security rostrum follows: a. Bond. A bond shall be executed by a reliable bonding or insurance institution authorized to do business in Texas and acceptable to the City. The bond shall become effective on or before the date the Gas Well Permit is issued and shall remain in force and effect for at least a period of six (6) months after the expiration of the Gas Well Permit term or until the well is plugged and abandoned and the site is restored, whichever occurs last. The Operator shall be listed as principal and the instrument shall run to the City, as oblige, and shall be conditioned that the Operator will comply and perform in accordance with the terms and regulations of this Ordinance, other applicable City ordinances and the Road Repair Contract. The original bond to the City Secretary submitted nd the Risk Managerh a copy of the same provided b. Letter of Credit. A Letter of Credit shall be issued by a reliable bank authorized to do business in Texas and shall become effective on or before the date the Gas Well Permit is issued. The L ter of after the expiration in force and effect for at least a period of six (6) ed and abandoned and of the Gas Well Permit term or until the well is plugg the site is restored, whichever occurs last. If the Letter of Credit is for a time period less than the life of the well as required by this Ordinance, the Operator must agree to either renew the Letter of Credit or replace the Letter of Credit with a bond in t® amount f i��Q�n required the Lette of Credit. before forty -five (45) days prior If the Operator fails to deliver to the Town of Westlake amount the rene orwal Letter of Credit or replacement bond in the appropriate before forty -five (45) days prior to the expiration date of the Letter of Credit, the Town of Westlake may draw the entire face amount of the attached Letter of Credit to be held by the Town of Westlake as security for Operator's performance of its obligations under this Ordinance. In any event, the City may draw upon the Letter of Credit upon a signed statement by its City Manager that the terms of this Chapter have not been complied with, in any respect. The City shall be authorized to draw upon such Letter of Credit to recover any fines, penalties, defaults or violations assessed under this ordinance or the Road Repair Contract. Evidence of the execution of a Letter of Credit shall be submitted to the Inspector by submitting an the same signed Letter of Credit from the banking institution, with a copy of provided to the City Secretary and the Risk Manager. C. The principal amount of any security instrument shall be Fifty Thousand ($50,000) dollars for any single well. If, after completion of a well, the 18 applicant/Operator, who initially posted a Fifty Thousand ($50,000) dollars bond, has complied with all of the provisions of this Ordinance and whose well in the producing state and all drilling operations have ceased, may submit a request to the Inspector to reduce the existing bond to Ten Thousand ($10,000) dollars for the remainder of the time the well produces without reworking. During reworking operations, the amount of the bond or letter of credit shall be maintained at Fifty Thousand ($50,000) dollars. An operator drilling or reworking between one and five wells at any given time, may elect to provide a blanket bond or Letter of Credit, in the principal minimum amount of One Hundred Fifty Thousand ($150,000) dollars. If the operator drills or reworks more than five wells at a time, the blanket bond or Letter of Credit shall be increased in increments of Fifty Thousand ($50,000) dollars per each additional well. Once the wells are in the producing stage and all drilling operations have ceased, the Operator may elect to provide a blanket bond or Letter of Credit for the remainder of the time the well produces, without reworking, as follows: Number of Producing Wells Blanket Bond /Letter of Credit Amount Required Up to 75 wells $100,000 75 to 150 wells $150,000 More than 150 wells $200,000 If at any time after no less than a fifteen (15) day written notice to the Operator and a public hearing, the Board of Aldermen shall deem any Operator's bond or letter of credit to be insufficient, it may require the Operator to increase the amount of the bond or letter of credit up to a maximum of Two Hundred and Fifty Thousand ($250,000) dollars per well. d. Whenever the Inspector finds that a default has occurred in the performance of any requirement or condition imposed by this Ordinance, a written notice shall be given to the Operator. Such notice shall specify the work to be done, the estimated cost and the period of time deemed by the Inspector to be reasonably necessary for the completion of such work. After receipt of such notice, the Operator shall, within the time therein specified, either cause or require the work to be performed, or failing to do so, shall pay over to the City one hundred twenty -five (125) percent of the estimated cost of doing the work as set forth in the notice. In no event, however, shall the cure period be less than thirty (30) days unless the failure presents a risk of imminent destruction of property or injury to persons or unless the failure involves the Operator's failure to provide periodic reports as required by this Ordinance. The City shall be authorized to draw against any irrevocable letter of credit or bond to recover such amount due from the Operator. Upon receipt of such monies, the City shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, but no liability shall be incurred other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the Railroad Commission, such additional money may be demanded from the Operator as is necessary to properly plug and abandon the well and restore the drill site in conformity with the regulations of this Ordinance. 19 e. In the event the Operator does not cause the work to be performed and fails or refuses to pay over to the City the estimated cost of the work to be done as set forth in the notice, or the issuer of the security instrument refuses to honor any draft by the City against the applicable irrevocable letter of credit or bond the City may proceed to obtain compliance and abate the default by way of civil action against the Operator, or by criminal action against the Operator, or by both such methods. In addition, the City may summarily suspend or revoke the Gas Well Permit and require that all operations on the well site immediately cease. When the well or wells covered by said irrevocable letters of credit or bond have been properly abandoned in conformity with all regulations of this Ordinance, and in conformity with all regulations of the Railroad Commission and notice to that effect has been received by the City, or upon receipt of a satisfactory substitute, the irrevocable letter of credit or bond issued in compliance with these regulations shall be terminated and cancelled. C. Insurance In addition to the bond or letter of credit required pursuant to this Ordinance, the Operator shall carry a policy or policies of insurance issued by an insurance company or companies authorized to do business in Texas. In the event such insurance policy or policies are cancelled, the Gas Well Permit shall be suspended on such date of cancellation and the Operator's right to operate under such Gas Well Permit shall immediately cease until the Operator files additional insurance as provided herein. An Operator may request that the insurance requirements herein may be met by a combination of self- insurance, primary and excess insurance policies subject to the approval of the City Manager. General Requirements applicable to all policies: a. The City, its officials, employees, agents and officers shall be endorsed as an "Additional Insured" to all policies except Employers Liability coverage under the Operator's Workers Compensation policy. b. All policies shall be written on an occurrence basis. C. All policies shall be written by an insurer with an A -: Vlll or better rating by the most current version of the A.M. Best Key Rating Guide or with such other financially sound insurance carriers acceptable to the City. d. Deductibles shall be listed on the Certificate of Insurance and shall be on a "Per occurrence" basis unless otherwise stipulated herein. e. Certificates of Insurance shall be delivered to the Town of Westlake, Department of Development, evidencing all the required coverage's, including endorsements, prior to the issuance of a Gas Well Permit. f. All policies shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. g. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement specified herein. 20 h. Each policy shall be endorsed to provide the City a minimum thirty (30) day notice of cancellation, non - renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event of non- payment of premium. i. During the term of the Gas Well Permit, the Operator shall report to the Building Official, in a timely manner, any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. j. Upon request, certified copies of all insurance policies shall be furnished to the City. 2. Standard Commercial General Liability Policy This coverage must include premises, operations, blowout or explosion, products, completed operations, sudden and accidental pollution, blanket contractual liability, underground resources damage, broad form property damage, independent contractors protective liability and personal injury. This coverage shall be a minimum Combined Single Limit of One Million ($1,000,000) dollars per occurrence for Bodily Injury and Property Damage. 3. Excess or Umbrella Liability $ 5,000,000 Excess, if the Operator has a stand -alone Environmental Pollution Liability (EPL) policy. $10,000,000 Coverage must include an endorsement for sudden or accidental pollution. 4. Environmental Pollution Liability Coverage a. Operator shall purchase and maintain in force for the duration of the eGas Well Permit, insurance for environmental pollution liability app bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense or settlement of claims; all in connection with any loss arising from the insured site. Coverage shall be maintained in an amount of at least One Million ($1,000,000) dollars per loss, with an annual aggregate of at least Ten Million ($10,000,000) dollars. b. Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. C. The Operator shall maintain continuous coverage and shall purchase Extended Coverage Period insurance when necessary. The Extended Coverage Period insurance must provide that any retroactive date applicable to coverage under the policy precedes the effective date of the issuance of the permit by the City. 5. Control of Well 21 The policy should cover the cost of controlling a well that is out of control, re- drilling or restoration expenses, seepage and pollution damage as first party recovery for the Operator and related expenses, including, but not limited to, loss of equipment, experts and evacuation of residents. $5,000,000 per occurrence /no aggregate, if available, otherwise an aggregate of ten million (10,000,000) dollars. $ 500,000 Sub -limit endorsement may be added for damage to property for which the Operator has care, custody and control. 6. Workers Compensation and Employers Liability Insurance a. Workers Compensation benefits shall be Texas Statutory Limits. b. Employers Liability shall be a minimum of Five Hundred Thousand ($500,000) dollars per accident. C. Such coverage shall include a waiver of subrogation in favor of the City and provide coverage in accordance with applicable State and Federal laws. 7. Automobile Liability Insurance a. Combined Single Limit of One Million ($1,000,000) dollars per occurrence for Bodily Injury and Property Damage. b. Coverage must include all owned, hired and not -owned automobiles. 8. Certificates of Insurance a. The company must be admitted or approved to do business in the State of Texas, unless the coverage is written by a Surplus Lines insurer. b. The insurance set forth be the insurance company must be underwritten on forms that have been approved by the Texas State Board of Insurance or ISO, or an equivalent policy form acceptable to the City, with the exception of Environmental Pollution Liability and Control of Well coverage. C. Certificates shall set forth all endorsements and insurance coverage according to requirements and instructions contained herein. d. Shall specifically set forth the notice of cancellation, termination, or change in coverage provisions to the City. All policies shall be endorsed to read "THIS POLICY WILL NOT BE CANCELLED OR NON- RENEWED WITHOUT THIRTY (30) DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS ADVANCE WRITTEN NOTICE IS REQUIRED ". e. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. D. Indemnification and Express Negligence Provisions 22 EACH GAS WELL PERMIT ISSUED BY THE TOWN OF WESTLAKE SHALL INCLUDE THE FOLLOWING LANGUAGE: OPERATOR DOES HEREBY ACTIONS EXPRESSLY RELEASE AND DISCHARGE, ALL CLAIMS, DEMANDS, NOW HAS OR MAY JUDGMENTS, AND EXECUTIONS WHICH IT EVER HAD, OR HAVE, OR ASSIGNS MAY HAVE, OR CLAIM TO HAVE, AGAINST THE TOWN OF WESTLAKE, AND /OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, SUCCESSORS, ASSIGNS, SPONSORS, VOLUNTEERS, OR EMPLOYEES, CREATED BY, OR ARISING OUT OF PERSONAL INJURIES, KNOWN OR UNKNOWN, AND INJURIES TO PROPERTY, REAL OR PERSONAL, OR IN ANY WAY INCIDENTAL TO OR IN CONNECTION WITH THE PERFORMANCE OF THE WORK PERFORMED BY THE OPERATOR UNDER A GAS WELL PERMIT. THE OPERATOR SHALL FULLY DEFEND, PROTECT, INDEMNIFY, AND HOLD HARMLESS THE TOWN OF WESTLAKE, TEXAS, ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, EMPLOYEES, SUCCESSORS, ASSIGNS VOLUNTEERS FROM AND AGAINST EACH AND EVERY CLAIM, DEMAND OR CAUSE OF ACTION AND ANY AND ALL LIABILITY, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, FINES, PENALTIES, COSTS, FEES, AND EXPENSES INCURRED IN DEFENSE OF THE TOWN OF WESTLAKE, TEXAS, ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES AND DEATH IN CONNECTION THEREWITH WHICH MAY BE MADE OR ASSERTED BY OPERATOR, OUT OF OR N S, ASSIGNS, OR ANY THIRD PARTIES ON ACCOUNT OF, ANY WAY INCIDENTAL TO OR IN CONNECTION WITH THE PERFORMANCE OF THE WORK PERFORMED BY THE OPERATOR UNDER A GAS WELL PERMIT. THE OPERATOR AGREES TO INDEMNIFY AND HOLD HARMLESS THE TOWN OF TS WESTLAKE, TEXAS, ITS DEPARTMENTS, ITS OFFICERS, AGENTS, , EMPLOYEES, SUCCESSORS, ASSIGNS, SPONSORS, OR VOLUNTEERS FROM ANY LIABILITIES OR DAMAGES SUFFERED AS A RESULT OF , COSTS, OR JUDGMENTS AGAINST THE CITY, ITS DEPARTMENTS, R ARISING CLAIMS, OUT OF THE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, CREATED BY, ACTS OR OMISSIONS OF THE TOWN OF WESTLAKE OCCURRING ON THE DRILL SITE OR OPERATION -SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF WESTLAKE OCCURRING ON THE DRILL SITE OR OPERATION -SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMIT—' iNG THE GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE TOWN OF WESTLAKE, TEXAS AND /OR ITS DEPARTMENTS, AGENTS, ORRICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE TOWN OF WESTLAKE, TEXAS AND /OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND /OR DAMAGE. E. Notice The individual designated to receive notice shall be a resident of Texas upon whom all orders and notices provided in this Ordinance may be served in person or by registered or certified mail. Every Operator shall within ten (10) days notify the Building Official in writing of any change in such agent or mailing address unless operations in the City are discontinued and abandonment is complete. ARTICLE VIII 23 ON -SITE AND TECHNICAL REGULATIONS Section 8.01 Technical Regulations A. On -site Requirements 1. Abandoned Wells. All wells shall be abandoned in accordance with the rules of the Railroad Commission; however, all well casings shall be cut and removed to a depth of at least ten (10) feet below the surface unless the surface owner submits a written agreement otherwise. Three (3) feet shall be the minimum depth. No structures shall be built over an abandoned well. 2. Blowout prevention. In all cases, blowout prevention equipment shall be used on all wells being drilled, worked -over or in which tubing is being changed. Protection shall be provided to prevent blowout during gas operations as required by and in conformance with the requirements of the Railroad Commission and the recommendations of the American Petroleum Institute. The Operator must equip all drilling wells with adequate blowout preventors, flow lines and valves commensurate with the working pressures involved as required by the Railroad Commission. 1. Chemical and materials storage. All chemicals and/or hazardous materials shall be stored in such a manner as to prevent, contain and facilitate rapid remediation and cleanup of any accidental spill, leak or discharge of hazardous materials. Operator shall have all material data safety sheets (MSDS) for all hazardous materials on -site. All applicable federal and state regulatory requirements for the proper labeling of containers shall be followed. Appropriate pollution prevention actions shall be required and include, but are not limited to, chemicals and materials raised from the ground (i.e. — wooden pallets or containment pallets), installation and maintenance of secondary containment systems, bulk storage and protection from storm water and weather elements. 4. Closed Loop System. A closed loop mud circulating system shall be the only approved and permitted system used in the drilling process. This system is self- contained and has the ability to reuse certain products and is contained within the confines of the drilling pad site. 5. Compressor Stations for the compressing of gas are prohibited in the Town of Westlake. g. Compliance. Operator shall comply at all times with all applicable federal, state and City requirements. 7. Discharge. No person shall place, deposit, discharge, or cause or permit to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substances or any refuse including wastewater or brine from any gas operation or the contents of any container used in connection with any gas operation in, into, or upon any public rights -of -way, alleys, streets, lots, storm drains, ditches or sewers, sanitary drains or any body of water or any private property in the City. 8. Drilling fluids. Low toxicity glycols, synthetic hydrocarbons, polymers and esters shall be substituted for conventional oil -based drilling fluids. Drilling fluid storage pits shall not be located within the City. 24 9. Drill Stem testing. All open hole formation or drill stem testing shall be done during daylight hours. Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate gas separator to storage tanks and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe. 10. Drip pans and other containment devices. Drip pans and other containment devices shall be placed or installed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, connections and any other areas or structures that could potentially leak, discharge or spill hazardous liquids, semi - liquids or solid waste materials, including hazardous waste inseparable by simple mechanical removal processes and made up primarily of natural materials. 11. Dust, Vibration, Odors. All drilling and production operations shall be conducted in such a manner as to minimize, so far as practicable, dust, vibration, or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for the production of gas and other hydrocarbon substances in urban areas. All equipment used shall be so constructed and operated so that, vibrations, dust, odor or other harmful or annoying substances or effect will be minimized by the operations carried on at any drilling or production -site or from anything incident thereto, to the injury or annoyance of persons living in the vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in industry standards of drilling and production in this area shall be adopted as they become available if capable of reducing factors of dust, vibration and odor. 12. Electric lines. All electric lines to site development and /or drilling facilities shall be located in a manner compatible to those already installed in the surrounding area or subdivision. Production power lines shall be placed underground. 13. Electric motors. Only electric prime movers or motors shall be permitted for the purpose of pumping wells. All electrical installations and equipment shall conform to the City ordinances and the appropriate national codes. 14. Emergency Response Plan. Prior to the commencement of any gas or other hydrocarbons production activities, the Operator shall submit to the Building Official and the Fire Marshal an emergency response plan establishing written procedures to minimize any hazard resulting from drilling, completion or producing of gas wells. Said plan shall use existing guidelines established by the Railroad Commission, Texas Commission on Environmental Quality, Department of Transportation and/or the Environmental Protection Agency. The Emergency response plan shall be kept current with any additions, modifications and /or amendments concerning all construction related activities, oil and /or natural gas operations and /or production. Updated plans shall be submitted to the Building Official and the Fire Marshal prior to any additions, modifications and /or amendments to said plans. A copy of the emergency response plan shall be kept on -site and readily available. 15. Explosives. Under no circumstances shall explosives of any type be stored on -site, transported through the site, placed on the site or used during any phase of drilling, re- drilling, deepening, re- entering, activating, converting, fracturing or completing a gas well without the prior consent of the Fire Department. A Fire Department permit is required prior to any explosives being brought on -site. The operator shall provide notice to the Building Official and the 25 Fire Marshal and apply for a Fire Department permit at least ten (10) days prior to such activities. The notice shall identify the date that the explosive charges will be used, when they will be removed, the type and quantity of explosives to be on -site, the date and means of transporting the explosive charges, and the transportation route to and from the drill and /or operation -site. Explosives must be properly secured and safeguarded and may not remain on the site longer than necessary for the operation for which they are used. It is the specific intent of this ordinance that long -term storage of explosives is prohibited. Modifications to the explosives permit may be made by the Fire Marshal upon written request by the Operator. 16. Equipment painted. All production equipment on the site shall be painted and maintained at all times, including pumping units, storage tanks, buildings and structures. Paint shall be of a neutral color, compatible with surrounding uses. Neutral colors shall include sand, gray and unobtrusive shades of brown, or other neutral colors approved by the Building Official. 17. Fire prevention; sources of ignition. Firefighting apparatus and supplies as approved by the Fire Marshal and required by any applicable federal, state, or local law shall be provided by the Operator, at the Operator's cost, and shall be maintained on the drilling site at all times during drilling and production operations. The Operator shall be responsible for the maintenance and upkeep of such equipment. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All well heads shall contain an emergency shut off valve to the well distribution line. 18. Fresh Water Wells. It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located within 500 feet to any Town of Westlake permitted fresh water well. The measurement shall be in a direct line from the closest well bore to the fresh water well bore. The operator of a gas well shall provide the Building Official with a "pre - drilling" and "post - drilling" water analysis from any fresh water well within five hundred (500) feet of the gas well. Water samples must be collected and analyzed utilizing proper sampling and laboratory protocol from a United States Environmental Protection Agency or Texas Commission on Environmental Quality approved laboratory. Well samples shall be analyzed prior to any drilling activity and again within three (3) months after the drilling begins. Testing must include, but is not limited to: methane, chloride, sodium, barium and strontium. Within one hundred and eighty (180) days of its completion date, each gas well shall be equipped with a cathodic protection system to protect the production casing from external corrosion. The Building Official may approve an alternative method of protecting the production casing from external corrosion. 19. Gas emission or burning restricted. No person shall allow, cause or permit gases to be vented into the atmosphere or to be burned by open flame except as provided by law or as permitted by the Railroad Commission. If the venting of gases into the atmosphere or the burning of gases by open flame is authorized as provided by law or as permitted by the Railroad Commission, then such vent or open flame shall not be located closer than three hundred (300) feet from any building not used in operations on the drilling site and such vent or open flame shall be screened in such a way as to minimize detrimental effects to adjacent property owners. 26 20. Gas Processing Onsite. Except for a conventional gas separator or line heater, no refinery, processing, treating, dehydrating or absorption plant of any kind shall be constructed, established or maintained in the City. 21. Gas Well Stimulation. All formation fracturing operations shall be conducted during daylight hours unless the Operator has notified the Building Official that fracing will occur before or after daylight hours to meet safety requirements. The City Manager will approve fracing operations outside of the regularly permitted hours. Air, gas, or pneumatic drilling shall not be permitted. Only Light Sand Fracture Technology or those technologies approved by the Building Official may be used to fracture stimulate a well. 22. Gas Monitor. Any well site that is located within 1000 feet of an occupied or occupiable structure shall be equipped with an approved gas monitoring device. The device must be equipped to sound a local alarm and be monitored off site continuously by a licensed and approved alarm monitoring company. The installation must meet design criteria approved by the Fire Marshal. 23. Grass, weeds, trash. All drill and operation pad sites shall be kept clear of grass, weeds, and combustible trash. 24. Hazardous Plan. A Hazardous Materials Management Plan shall be on file with the Fire Marshal and the Building Official. 25. Lights. No person shall permit any lights located on any drill or operation - site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation -site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and internally to avoid glare on public roads and adjacent dwellings and buildings within one - thousand (1000) feet. Other provisions not withstanding, lights shall be shielded or otherwise protected to avoid presenting a hazard to traffic on adjacent roadways. 26. Lubricating Oil Purification Units. Any and all stationary diesel power plants located on the drilling site and associated with the exploration, development, operation and production of oil, natural gas or associated minerals shall have a lube oil purification unit installed, maintained and functional at all times while the diesel plant is operating. 27. Muffling exhaust. Exhaust from any internal combustion engine, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless it is equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and prevent the escape of obnoxious gases, fumes or ignited carbon or soot. 28. Organic solvents. Organic solvents, such as trichloroethylene and carbon tetrachloride, shall not be used for cleaning any element, structure or component of the drilling rig, platform, and /or associated equipment, tools or pipes. To the maximum extent practical, high flash point Varsol shall be used. 29. Pipe dope. Lead -free, biodegradable pipe dope shall be substituted for API specified pipe dope. 30. Pits. No washout pits shall be located within the City. All fluid, sludge, solid waste materials, drilling fluids, waste oil, spent completion fluids, all other liquids, 27 semi - liquids, mud, and other materials including natural and primarily natural materials are immediately captured within a fully enclosed, above ground containment tank. No drill cuttings, rotary mud and wastewater generated during drilling operations may be buried on -site. 31. Private roads and drill sites. Prior to the commencement of any drilling operations, all private roads to be used for access to the drill site and the operation -site itself shall be installed and shall be at least twenty -four (24) feet wide, and shall have an overhead clearance of fourteen (14) feet. A standard commercial drive approach meeting the requirements of the Town of Westlake shall be installed at the point of contact with the City street and a concrete drive shall extend for a minimum of seventy -five (75) feet onto the property from the street prior to any drilling operations commencing. All other private roads on drill sites during the drilling and fracturing stages of a drill site shall be constructed of an approved all- weather hard surface and be maintained to prevent dust, mud and rutting. Requirements for the road surface following drilling operations may be different than those permitted during the drilling operations and may include concrete surfaces in certain areas as defined in the approved site plan. All concrete road surfaces specified in the site plan shall be installed within sixty (60) days after the production stage at the site begins. In particular cases these requirements governing surfacing of private roads may be altered at the discretion of the Building Official and the Director of Public Works with the approval of the Fire Marshal. 32. Salt Water and Disposal Wells. No salt -water disposal wells shall be located within the Town of Westlake. 33. Soil Sampling. Soil sampling may be required at the discretion of the Building Official to determine if soil contamination is present at the site. Soil contamination assessments shall be conducted at the expense of the Operator and shall utilize an approved laboratory testing for any increase above the Texas - specific median background concentrations for metals or specific contaminants that might have been present on the site. A minimum of five (5) samples shall be taken and shall include the pit or area of concern as well as the area down grade from the site. 34. Signs. A sign shall be immediately and prominently displayed at the gate on the fencing erected pursuant to Section 8.02 of this Ordinance. Such sign shall be durable material, maintained in good condition and, unless otherwise required by the Railroad Commission, shall have a surface area of not less than two (2) square feet nor more than four (4) square feet and shall be lettered with the following: (1). Well name and number; (2). Name of Operator; (3). The 911 number; and (4). Telephone numbers of two (2) persons responsible for the well who may be contacted in case of emergency. These numbers will be answered twenty-four (24) hours a day. 28 b. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the Fire Marshal of the City. Sign lettering shall be four (4) inches in height and shall be red on a white background or white on a red background. Each sign shall include the emergency notification numbers of the Fire Department and the Operator, well and lease designations required by the Railroad Commission. C. No other signs shall be permitted on the site unless specifically required for notifications or safety purposes by the City or other Governmental Agency. 35. Storage of equipment. On -site storage is prohibited on the operation -site. No equipment shall be stored on the drilling or production operation -site, unless it is necessary to the everyday operation of the well. Lumber, pipes, tubing and casing shall not be left on the operation -site except when drilling or well servicing operations are being conducted on the site. No vehicle or item of machinery shall be parked or stored on any street, right -of- way or in any driveway, alley or upon any operation -site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires except that equipment which is necessary for drilling or production operations on the site. The Fire Marshal shall be the person that determines whether equipment on the site shall constitute a fire hazard. No refinery, processing, treating, dehydrating or absorption plant of any kind shall be constructed, established or maintained on the premises. This shall not be deemed to exclude a conventional gas separator or dehydrator. 36. Storage Tanks. All tanks and permanent structures shall conform to the American Petroleum Institute (A.P.I.) specifications and local codes unless the Fire Marshal approves other specifications. All storage tanks shall be equipped with an approved secondary containment system that may include lining with an impervious material approved by the Fire Marshal. The secondary containment system shall be a minimum of three feet (3') in height and sized to contain one and one -half (1 %) times the contents of the largest tank and a twenty five (25) year, twenty-four (24) hour rainfall (to be calculated at 12 inches) in accordance with the Fire Code. Lining material, if used and permitted as part of the secondary containment system, must be buried at least one (1) foot below the surface. Provisions must be made to drain the secondary containment area of accumulations of ground water and rainfall. Secondary containment areas must be routinely drained as necessary. Drip pots shall be provided at the pump out connection to contain the liquids from the storage tank. Tanks and tank installations must also conform to the provisions of any applicable NFPA standard, the fire code in effect at the time of submittal, and site specific requirements imposed by the Fire Marshal. All tanks shall be set back pursuant to the standards of the Texas Railroad Commission and the National Fire Protection Association, but in all cases, shall be at least seventy -five (75) feet from any public right -of -way or property line. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank. 29 No meters, storage tanks, separation facilities, or other above ground facilities, other than the well head and flow lines, shall be placed in a floodway or the 100 - year floodplain. Tanks must be at least six hundred (600) feet from any church, public building, hospital, public or private school, or combustible structure. 37. Tank Battery Facilities. Tank battery facilities shall be equipped with a remote foam application piping system approved by the Fire Marshal and a lightning arrestor system. The foam system shall be provided with a 2 1/2" Siamese FDC secured with a locking Knox cap at a location approved by the Fire Department a minimum of two hundred (200) feet from the tanks. This distance may be reduced with the approval of the Fire Marshal if conditions warrant. When required by the Fire Department, on -site storage of foam may be required under the conditions as set forth by the Fire Department. All components shall be installed in accordance with nationally recognized standards and shall be properly maintained by the well operator. 38. Surface casing. Surface casing shall be run and set in full compliance with the applicable rules and regulations of the Railroad Commission. 39. Valves. Each well must have a shutoff valve to terminate the well's production. The Fire Department shall have access to the well site to enable it to close the shut -off valve in an emergency. All well heads shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All well heads shall contain an appropriately labeled emergency shut off valve to the well distribution line located where it is accessible to the Operator and the Fire Department in an emergency. 40. Waste Disposal. Unless otherwise directed by the Railroad Commission, all tanks used for storage shall conform to the following: Operator must use portable closed steel storage tanks for storing liquid hydrocarbons. Tanks must meet the American Petroleum Institute standards. All tanks must have a vent line, flame arrester and pressure relief valve. All tanks must be enclosed by a fence applicable to the issued permit classification. No tank battery shall be within three hundred (300) feet of any dwelling, church, public building, playground, park, hospital, commercial structure, or public or private school or other combustible structure. Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or resulting from or connected with the drilling, re- working or deepening of any well shall be contained in a close loop drilling system. Unless otherwise directed by the Railroad Commission, waste materials shall be removed from the site and transported to an off -site disposal facility not less often than every thirty (30) days. Water stored in on -site tanks shall be removed as necessary. All waste shall be disposed of in such a manner as to comply with the air and water pollution control regulations of the State, this Chapter and any other applicable ordinance of the City. 41. Watchman. The Operator must keep a watchman or security personnel on -site during the drilling or re- working of a well when other workmen are not on the premises. 30 42. Items Not Specifically Addressed. It is the intent that reasonable safety measures be followed during all phases of the development and production processes at any site in the City. Sites and operations must comply with all Federal, State or local laws, regulations and ordinances in effect at the time. Specific safety concerns that are identified during inspection processes must be resolved by the operator in a timely manner. B. Well, Tank batteries, Well facilities, and Equipment setbacks It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located: 1. Within seventy -five (75) feet from any outer boundary line of the well site; or 2. Within seventy-five (75) feet from any storage tank, or source of ignition; or 3. Within two- hundred and fifty (250) feet of any public street, road, highway or future street, right -of -way or property line; or 4. Within six hundred (600) feet from any public park (unless prior consent is obtained from the Board of Aldermen to drill in a public park) or from any residence, church, public building, hospital, commercial, or building used, or designed and intended to be used, for human occupancy; or 5. Within six hundred (600) feet from any school as defined by the ordinance. 6. Within one hundred (100) feet of any building accessory to, but not necessary to the operation of the well; or 7. Within five hundred (500) feet to any Town of Westlake permitted fresh water well. The measurement shall be in a direct line from the closest well bore to the fresh water well bore; or, 8. Within a public park or other public right of way without the prior consent of the Board of Aldermen. The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of any object listed in 1) through 6) above. C. Installation of pipelines on, under or across public property including rights of way, parks and other locations The Operator shall apply to the City for a Westlake Board of Aldermen approved agreement to install pipeline(s) on, over, under, along or across the City streets, sidewalks, alley, rights -of -way and other City property for the purpose of constructing, laying, maintaining, operating, repairing, replacing and removing pipelines so long as production or operations may be continued under any Gas Well Permit issued pursuant to this Chapter. Operator shall: 31 Not interfere with or damage existing water, sewer or gas lines or the facilities of public utilities located on, under or across the course of such rights - of -way. 2. Furnish to the Director of Development a plat showing the location of such pipelines. 3. Construct such lines out of pipe in accordance with the City codes and regulations consistent with Barlow's Formula for proper casing and ventilation. 4. Grade, level and restore such property to the same surface conditions, as nearly as practicable, as existed when operations for the placement of the pipeline were first commenced. 5. Comply with all City ordinances. 6. Reference all provisions of Article X of this ordinance. 7. Streets or alleys may not be blocked, encumbered or closed due to any operation unless prior consent is obtained by the Town of Westlake using the street closure process in place through the City Public Works Department. Section 8.02 Fences, Walls, Screening A. Fences/Walls. Fences shall not be required on drill sites during initial drilling, completion or re- working operations as long as 24 -hour on -site supervision is provided. A secured entrance gate shall be required. All gates are to be kept locked when the Operator or his employees are not within the enclosure. Within thirty (30) days after production has been established, all operation -sites shall be completely enclosed by a masonry screening of a minimum of six (6) feet and not to exceed eight (8) feet in height according to the requirements of the requested Gas Well Permit. Masonry materials shall conform to those described in Section 5.5 of the Town of Westlake Zoning Ordinance and be approved the Building Official. B. Gate specifications. All fences shall be equipped with at least one (1) gate. The gate shall meet the following specifications: Primary gate opening shall be not less than twenty (20') feet wide. Gate opening requirements may be met by two swing gates or one (1) sliding gate or approved combinations thereof. Alternative gate openings, if provided, may be of a lesser width but not less than twelve (12) feet wide. If two (2) gates are used, gates shall latch and lock in the center of the span; 2. The gates shall be provided with a combination catch and locking attachment device for a padlock, and shall be kept locked except when being used for access to the site; and 3. Operator must provide the Fire Marshal with a "Knox Padlock" or "Knox Box with a key" to access the well site to be used only in case of an emergency. Knox box locations and Knox lock locations must be placed in a location and manner approved by the Fire Marshal. Section 8.03 Cleanup and Maintenance 32 A. Cleanup after well servicing. After the well has been completed or plugged and abandoned, the Operator shall clean the drill site or operation -site, complete restoration activities and repair all damage to all property caused by such operations within thirty (30) days. B. Clean -up after spills, leaks and malfunctions. After any spill, leak or malfunction, the Operator shall remove or cause to be removed to the satisfaction of the Fire Marshal and the Building Official all waste materials from any public or private property affected by such spill, leak or malfunction. Clean -up operations must begin immediately. If the owner fails to begin site clean -up within twenty-four (24) hours, the City shall have the right to contact the Railroad Commission in order to facilitate the removal of all waste materials from the property affected by such spill, leak or malfunction. C. Free from debris. The pad site, production -site and all related areas shall at all times be kept free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material including those areas around any separators, tanks and producing wells. The public street entrance and adjacent public streets shall be kept free of mud, dirt, debris, liquids or any other materials which create an unsightly appearance or which pose a hazard to traffic. All such materials shall be removed immediately and measures taken to prevent an unsafe condition from occurring on the roadway. Upon notice from the City of a hazardous street condition caused by the Gas Well or an operation attached thereto, the Operator shall immediately take action to remove the hazardous condition and to prevent a recurrence. The City shall have the authority to remove any mud, debris or other materials that are creating a hazard to transportation from the public rights -of -ways at the expense of the Operator, if the Operator is not able to immediately resolve the condition. D. Painting. All production equipment shall be painted and maintained at all times, including wellheads, pumping units, tanks, and buildings or structures. When requiring painting of such facilities, the Inspection Services Provider shall consider the deterioration of the quality of the material of which such facility or structure is constructed, the degree of rust, and its appearance. Paint shall be of a neutral color, compatible with surrounding uses. Neutral colors shall include sand, gray and unobtrusive shades of brown, or other neutral colors approved by the Building Official. B. Blowouts. In the event of the loss of control of any well, Operator shall immediately take all reasonable steps to regain control regardless of any other provision of this Ordinance and shall notify the Fire Marshal as soon as practicable. The Fire Marshal shall certify in writing, briefly describing the same, to the official designated by the City Manager. If the Fire Marshal, in his opinion, believes that danger to persons and property exists because of such loss of well control and that the Operator is not taking or is unable to take all reasonable and necessary steps to regain control of such well, the Fire Marshal may then employ any well control expert or experts or other contractors or suppliers of special services, or may incur any other expenses for labor and material which the Fire Marshal deems necessary to regain control of such well. The City shall then have a valid lien against the interest in the well of all working interest owners to secure payment of any expenditure made by the City pursuant to such action of the Building Official in gaining control of said well. Section 8.04 Plugged and Abandoned Wells A. Surface requirements for plugged and abandoned well. Whenever abandonment occurs pursuant to the requirements of the Railroad Commission, the Operator so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this Ordinance. 33 B. Abandonment shall be approved by the Building Official after restoration of the drill site has been accomplished in conformity with the following requirements at the discretion of the Building Official: The derrick and all appurtenant equipment thereto shall be removed from drill site; 2. All tanks, towers, and other surface installations shall be removed from the drill site; 3. All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the Railroad Commission; 4. All holes and depressions shall be filled with clean, compactable soil; 5. All waste, refuse or waste material shall be removed from the drill site; and 6. During abandonment, Operator shall comply with all applicable sections in this Ordinance. C. Abandoned well requirement. The Operator shall furnish the following at the discretion of the Building Official: A copy of the approval of the Railroad Commission confirming compliance with all abandonment proceedings under the state law; and A notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated. D. Abandonment requirements prior to new construction. All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the Railroad Commission prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well. E. The Operator can only abandon a well if the Office of the Building Official has reviewed and approved the abandonment and all appropriate Railroad Commission and City abandonment requirements have been met. ARTICLE IX TECHNICAL ADVISOR Section 9.01 Technical Adviso The City may from time to time employ a technical advisor or advisors who are experienced and educated in the gas industry or the law as it pertains to gas matters. The function of such advisor(s) shall be to advise, counsel or represent the City on such matters relating to gas operations within the City as the City may want or require and the effect thereof, both present and future, on the health, welfare, comfort and safety of the citizens of the City. In the event such Technical Advisor(s) is employed for the purpose of advising, counseling or representing the City relative to an Operator's unique and particular set of circumstances, case or request relating to this Ordinance, then the cost for such services of such technical advisor(s) shall be assessed against and paid for by such Operator in addition to any fees or charges assessed pursuant to 34 this Ordinance. Prior to the employment of a Technical Advisor, the City shall inform the Operator of the intended scope of work and the estimated costs and expenses. The employment of a Technical Advisor shall be approved by the Board of Aldermen. ARTICLE X GAS PIPELINE INSTALLATION Section 10.01 Public Right -Of -Way Use Agreement Requirements A Public Right -Of -Way Use Agreement shall be required prior to any gas pipeline construction within the City. The Public Right -Of -Way Use Agreement shall include, but is not limited to the following information: (a) The Company /applicant name, phone number, fax number, physical address, and, if possible, email address; if the operator is a corporation, the State of the incorporation, and if the operator is a partnership, the names and addresses of the general partners shall be provided. (b) Detailed mapping of location and extent of proposed use within public right -of -way. (c) A traffic safety and management plan as required by the Public Works Department. (d) Bonds in the amount of the cost of work or $50,000, whichever amount is greater. Such bonds shall guarantee: (1) the faithful performance and completion of all construction, maintenance, removal or repair work in accordance with the contract between Company and the contractor; (2) full payment for all wages for labor and services and of all bills for materials, supplies and equipment used in the performance of that contract; (3) that Company shall restore the right -of -ways affected by such cut, opening, or other excavation in a satisfactory and workmanlike manner; and (4) maintain such restoration work in a state of repair satisfactory to the City for a period of two years following the date the City approves the restoration; and fully comply with the City's ordinances governing excavation in the public rights -of -ways. If the Company meets its obligations under this Section, the City shall return the bond to the Company upon expiration of the two -year period. The bonds shall name both the City and Company as dual obliges. Section 10.02 Fees and Payments to City The following fees shall be due to the City prior to any pipeline construction. A. Application Fee. Company shall pay the City an Application Fee of $2,500. This fee shall be collected at the time Company both applies for a permit to construct gas pipelines within the City and submits Gas Pipeline Construction Plans. 35 B. Rights -of -Way Uses Fee. Company shall pay a Rights -of -Way Uses Fee. This fee shall be collected on or prior to the Effective Date of the Agreement, and annually thereafter, Company shall pay the City as compensation for its use of the Public Rights -of -Ways for the Term of this Agreement in a "per linear foot fee" based on the linear foot of gas pipeline proposed to be constructed within the City ( "License Fee "). C. Construction Plan Review Fee. Company shall pay a Construction Plan Review Fee totaling 6% of the cost of the gas line installation. This fee shall be collected on or prior to constructing any gas pipelines with the City for Gas Pipeline Construction Plan review. D. Inspection Fee. Company shall pay an Inspection Fee of 3% of the cost of the gas line installation. This fee shall be collected on or prior to constructing any gas pipelines within the City for inspection of gas pipeline construction. E. Other Payments and Interest. In addition to the above referenced fees, the Company shall pay the City all sums which may be due the City for property taxes, license fees, permit fees, or other taxes, charges or fees that the City may from time to time impose on all other similarly situated entities within the City. Section 10.03 Regulatory Authority of the City A Company's property and operations here under shall be subject to such regulation by the City as may be reasonably necessary for the protection or benefit of the general public. In this connection, Company shall be subject to, governed by and shall comply with all applicable federal, state and local laws, including all ordinances, rules and regulations of the City, as same may be adopted and amended from time to time. Section 10.04 Use of Public Rights -Of -Ways The City has the right to control and regulate the use of the Public Rights -of -Ways, public places and other City -owned property and the spaces above and beneath them. Company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to, City ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. (a) Pipelines shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the Public Rights - of -Ways by the City and the public. If the City reasonably determines that the Pipeline does place an undue burden on any portion of the Public Rights -of -Ways, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Pipeline or take other actions reasonably determined by the City to be in the public interest to remove or alleviate such undue burden. (b) Prior to the undertaking of any kind of construction, installation, maintenance, removal, repairs or other work that requires the excavation, lane closure or other physical use of the Public Rights -of -Ways, Company shall, except for work required to address an emergency, provide at least forty -eight (48) hours advance written notice to the owners of property adjacent to the Public Rights -of -Ways that will be affected. In the case of emergencies, Company shall provide notice to the affected landowners within twenty-four (24) hours after commencement of work. (c) During any such work, Company shall provide construction and maintenance signs and 36 sufficient barricades at work sites to protect the public. The use of such traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Company shall plan and execute construction of the pipeline so that no flood conditions are created or worsened on the surrounding land. To minimize erosion, the excavated portion of the rights -of -ways adjacent to the improved portion of the road shall be restored and re- vegetated in accordance with Exhibit "C" which specifies the appropriate grass seed mix to be used. (d) Company shall bury or have buried its pipeline facilities at least four feet (4') deep except underneath public roads or as allowed by other applicable laws. Underneath public roads, Company's pipeline facilities shall be at least seven feet (7') below the lowest point in such road pavement. When pipeline facilities can not be bored, during backfill of the pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot (1') above the pipeline to warn future excavators of the presence of the pipeline. Any deviation to the minimum depth requirement must be approved in writing by the Director of Public Works. (e) Isolation Valves - The number and location of isolation valves on the Pipeline shall be approved by the City and clearly indicated on the Construction Plans. (f) Marking of Pipeline - The Pipeline shall be marked, in a manner that is reasonably acceptable to the Inspection Services Provider, to show conspicuously Company's name, a toll -free telephone number of Company that a Person may call for assistance and the appropriate Texas One Call System telephone number. Other provisions notwithstanding, an identifying sign shall be placed at each point where a flow line or gathering line crosses a public street or road. (g) Pavement Cut Coordination and Additional Fees - The City shall have the right to coordinate all excavation work in the Public Rights -of -Ways in a manner that is consistent with and convenient for the implementation of the City's program for street construction, rebuilding, resurfacing and repair. To preserve the integrity of the Public Rights -of -Ways, Company shall not cut, excavate or otherwise breach or damage the surface of any paved Public Rights -of -Ways within 96 months following the construction or resurfacing of said Public Rights -of -Ways unless Company obtains written consent from the Director of Public Works, which consent shall not be unreasonably withheld, pays an additional fee agreed to by and between the parties, and restores the Public Rights -of -Ways in accordance with this Agreement. (h) Restoration of Public Rights -of -Ways and Property - Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Public Rights -of -Ways, City -owned property or other privately -owned property that are in any way disturbed or damaged by the construction, operation, maintenance or removal of any of the Pipeline to, at Company's option, as good or better a condition as such property was in immediately prior to the disturbance or damage. Company shall diligently commence such restoration within thirty (30) calendar days following the date the Company first became aware of the disturbance or damage or, if the Pipeline is being removed, within thirty (30) calendar days following such removal. Any private service /utility lines that are in any way disturbed or damaged by the Company's construction, operation, maintenance or removal of any of the Pipeline, shall be repaired at the Company's sole cost and expense within 24 hours. Relocation of Pipeline - Within forty-five (45) calendar days following a written request 37 by the City, Company, at Company's sole cost and expense, shall protect, support, disconnect, alter or remove from the Public Rights -of -Ways all or any portion of its Pipeline due to street or other public excavation, construction, repair, grading, regarding or traffic conditions; the installation of sewers, drains, water pipes or municipally -owned facilities of any kind; the vacation, construction or relocation of streets or any other type of structure or improvement of public agency; any public work; or any other type of improvement necessary, in the City's sole discretion, for the public health, safety or welfare. If Company reasonably requires more than forty-five (45) days to comply with the City's written request, it shall notify the City Manager in writing within ten (10) days of receiving notice and the City will work in good faith with Company to negotiate a workable time frame. Any relocation will require that the Public Works Department, at Company's expense, approve Company's plans. It is the desire of both parties to determine such relocation within the existing Public Rights -of -Ways. 0) Emergencies 1) Work by the City — A public emergency shall be any condition which, in the reasonable opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or manmade disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed reasonably appropriate by the City Manager or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the Pipeline, and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages that may occur to the Pipeline or that Company may otherwise incur as a result of such necessary response, and (ii) agrees that Company, at Company's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. in responding to a public emergency, the City agrees to comply with all local, state and federal laws, including, without limitation, any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Pipeline, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. 2) Work by or on Behalf of Company — In the event of an emergency that directly involves any portion of the Pipeline and necessitates immediate emergency response work on or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. After the emergency has passed, Company shall apply for and obtain a construction permit from the Design Review Committee and otherwise fully comply with the requirements of this Agreement. (k) Removal of Pipeline 38 1) Company obligated to Remove — Upon the revocation, termination or expiration without extension or renewal of an Agreement, Company's right to use the Public Rights -of -Ways under this Agreement shall cease and Company shall immediately discontinue the transportation of Gas in or through the City. Within six (6) months following such revocation, termination or expiration and if the City requests, Company at Company's sole cost and expense, shall remove the Pipeline from the Public Rights -of -Ways (or cap the Pipeline, if consented to by the City), in accordance with applicable laws and regulations. 2) City's Right to Remove — If Company has not removed all of the Pipeline from the Public Rights -of -Ways (or capped the Pipeline, if consented to by the City) within six (6) months following revocation, termination or expiration of an Agreement, the City may deem any portion of the Pipeline remaining in the Public Rights -of -Ways abandoned and, at the City's sole option, i) take possession of and title to such property or ii) take any and all legal action necessary to compel Company to remove such property; provided, however, that Company may not abandon its facilities or discontinue its services within the City without the approval of the Commission or successor agency or any other regulatory authority with such jurisdiction. 3) Restoration of Property — Within six (6) months following revocation, termination or expiration of an Agreement, Company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the City, capping) of the Pipeline. If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all reasonable costs incurred in performing or having performed such restoration work. Section10.05 As -Built Plans and Maps Company, at Company's sole cost and expense, shall provide the City with as -built plans of all portions of the Pipeline located in the City showing such Pipeline within ninety (90) calendar days following the completion of such Pipeline. Company shall supply the textual documentation of such as -built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system. Scans or image files of the final drawing shall be sealed by the designing Engineer or other approved professional and delivered to the City in a file format compatible with the City's GIS system. Section 10.06 Liability and Indemnification a) Liability of Company — Company shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and other professional advisors and of expert witnesses and costs of investigation and preparation) of any kind or nature whatsoever (collectively "Damages "), which may arise out of or be in any way connected with i) the construction, installation, operation, maintenance or condition of the Pipeline or any related facilities or appurtenances; 39 ii) the transportation of Gas through the Pipeline; iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors with respect to the Pipeline; or iv) Company's failure to comply with any applicable federal, state or local law, ordinance, rule or regulation, except to the extent directly caused by the gross negligence or intentional misconduct of the City. b) Indemnification — COMPANY, AT COMPANY'S SOLE COST AND EXPENSE SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS, COMMISSIONS AGENTS, EMPLOYEES AND VOLUNTEERS ( "INDEMNITEES "), FROM AND AGAINST ANY AND ALL DAMAGES WHICH MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH i) COMPANY'S CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; ii) THE TRANSPORTATION OF GAS THROUGH THE PIPELINE; iii) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS;OR iv) COMPANY'S FAILURE TO COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCATL LAW, ORDINANCE, RULE OR REGULATION, ACTS; OR V) THE NEGLIGENT ACT OR OMISSION(S) OF THE CITY, ITS OFFICERS AND EMPLOYEES. C) Assumption of Risk — Company hereby undertakes and assumes, for and on behalf of Company, its officers, agents, contractors, subcontractors, agents and employees, all risk of dangerous conditions, if any, on or about any City -owned or City - controlled property, including, but not limited to, the Public Rights -of -Ways. d) Defense of Indemnitees — If an action is brought against any Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Company prompt written notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with reasonable participation by the city and with legal counsel selected by Company and specifically approved by the City, at City's own expense. In such an event, Company shall not admit liability in any matter on behalf of any Indemnitee without the advance written consent of the City. Section 10.07 Insurance Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverage's as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Public Rights -of -Ways and the construction, installation, operation, maintenance or condition of the Pipeline including the transportation of Gas through the Pipeline, as follows: a) Primary Liability Insurance Coverage 40 1) Commercial General Liability: $5,000,000 per occurrence, including coverage for the following: i) Premises Liability; ii) Independent Contractors; iii) Products /Completed Operations; iv) Personal Injury v) Contractual Liability vi) Explosion, Collapse and Underground Property Damage 2) Property Damage Liability: $1,000,000 per occurrence 3) Automobile Liability: $1,000,000 per accident, including, but not limited to, all owned, leased, hired or non -owned motor vehicles used in conjunction with the rights granted under this Agreement. 4) Worker's Compensation: As required by law; and, Employer's Liability as follows: $1,000,000 per accident b) Requirements and Revisions to Required Coverage — The City may, not more than once every two years during the term of this Agreement, revise insurance coverage requirements and limits required by this Agreement. Company agrees that within ninety (90) days of receipt of written notice from the City, Company will implement all such revisions reasonably requested by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non - renewal or amendment, shall be made without thirty (30) days prior written notice to the City. The policies and Certificate of Insurance provided to the city shall contain the following language: CANCELLATION CLAUSE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREFORE, THE ISSUING INSURER WILL PROVIDE THIRTY (30) DAYS WRITTEN NOTICE TO THE NAMED CERTIFICATE HOLDER. C) Underwriters and Certificates — Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are reasonably acceptable to the City in terms of solvency and financial strength. Within thirty (30) days following adoption of this Agreement by the Board of Aldermen, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. No construction shall commence until such certificates are received. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. d) Deductibles — Deductible or self- insured retention limits on any line of coverage required herein shall not exceed $50,000 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. e) No Limitation of Liability — The insurance requirements set forth in this section and any 41 recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. Section 10.08 Provision of Information a) Filings with Commission — Company shall, upon request, provide copies to the City of all documents which Company files with or sends to the Commission concerning or related to its transportation of Gas through or other operations in the City, including, but not limited to, filings related to i) rules, regulations and policies requested, under consideration or approved by the Commission; and ii) applications and any supporting pre -filed testimony and exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Commission. In addition, Company shall provide the city with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal law, rule or regulation. b) Lawsuits — Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Agreement and /or the transportation of Gas through the city within thirty (30) days of Company's receipt of same. ARTICLE XI PENALTY Section 11.01 Penalty A. It shall be unlawful and an offense for any person to do the following: 1. Engage in any activity not permitted by the terms of a Gas Well Permit issued under this Ordinance. 2. Fail to comply with any condition set forth in a Gas Well Permit issued under this Ordinance; or 3. Violate any provision or requirement set forth under this Ordinance. 4 Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Two Thousand ($2,000) dollars per day for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 3. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the Town of Westlake, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 42 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. 5. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the Board of Aldermen or any City official or employee charged with the enforcement of this ordinance, acting for the Town of Westlake in the discharge of his/her duties, shall not thereby render himself /herself personally liable; and he /she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his /her said duties. 6. A suit filed in the name of the Town of Westlake in a court of competent jurisdiction can enjoin any violation of this ordinance, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the Town of Westlake. 7. The caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the Town of Westlake, in compliance with the provisions of Article VII, Section 15, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. 8. This ordinance shall become effective ten days after first publication as described above. PRESENTED AND PASSED on First and Final Reading this day of 2008, by a vote of _ayes, _ nays and _ abstentions, at a regular meeting of the Board of Aldermen of the Town of Westlake, Texas. Scott Bradley, Mayor ATTEST: Kim Sutter, City Secretary APPROVED AS TO FORM: Stan Lowry, City Attorney 43 Gas Drilling Ordinance Comparison -4 $500+ $3000 $500 7$25/acre $3000 $200+ $25 /acre $10,000 $500 application $2,500 $10,000 Permit Fee $7500 $1500 $5 /acre fec Cost $500 $5,000 included $2,000 annual $7,500 $2,000 annual Inspection Fee included cost annual bility, injury $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $10,000,000 $20,000,000 $1,000,000 $1,000,000 E $1,000,000 operty a e Automobile $1,000,000 $ 1,000,000 $1,000,00(1 $1,000,000 $1,000,000 $1,000.000 $1,000,000 $10,000,000 $1,000,000 $1,000,00 liability $1,000,000 $1,000,000 insurance Workers $500,000 $1,000.00(1 $1,000,000 $500,000 $500,000 $$00,000 $1,000,000 $SOQ OOU $SOO UUO $1,000,000 $500,000 $1,000,000 co m ensation Environmental $1,000,000 $1,000,000 n/a $1,000,000 $1,000,000 $1,000,000 I $10,000,000 $1,000,000 $1,000,000 n/a $1,000,000 n/a ollution olic Control of well $5,000,000 $10,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $10,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 olic Excess if operator has i Wa $5,000,000 n/a $5,000,000 $l0,000,000 $5,000,000 $5,000,000 stand alone n/a $5,000,000 n/a $5,000,000 n,a environmental olic Excess if operator does n/a $ 1 0,000,000 $10,000,000 $10,000,000 $10,000000 $10,000,000 not have a stand n/a $10,000,000 n/a $10,000000 n/a alone environmental policy Excess liability $10,000,000 n/a $10,000,000 $10,000,000 n/a $10,000,000 n/a $10,000,000 $10,000,000 $!0,000, n/a n/a insurance PI) I -2 +SUP 0/1 +SUP SUP Requires R yes yes yes no yes yes yes separate zonin 1 1 1 1 I 1 1 1 1 1 1 1 Allows drilling on yes yes yes 1 yes yes yes yes yes yes yes yes Public land (toad repair agreement or yes yes no yes yes no yes Yes yes Yes yes yes contract required 100 from Distance (ft) from place of public 300 600 1000 600 600 1000 600 300 600 1,000 property 600 assembly, school, lines church, hospital, etc.. 1000 600 600 1000 600 500 600 600 100 from property lines 600 Distance (ft) from residential 300 600 structure 500 75 200 200 75 100 50 100 from property � 250 Distance (ft) from public right -of- n/a 75 way. 200 n/a 1000 q25 100 500 Distance (ft) from fresh water 500 200 1000 well n/a n/a 500 100 25 1,000 100 from city property P 250 Distance (ft) from 500 outer boundary of 300 25 lines tract or lease. 25 Distance (fl) from outer 500 25 500 25 n/a 500 n/a 25 storage tank or source of ignition n/a 100 100 n/a 600 Distance (ft) from n/a 100 100 100 Staff and Staff and Staff and Staff and StafCand Staff and 3r° art Staff and 3`° art any other building Inspection Staff and Staff and Staff and 3`d 3`d art 3`d arty 3`d art 3`d art 3`d art 3r° °rtv Process 3`d art art Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Joe C. Hennig, Interim Town Manager Eddie Edwards, Director of Planning and Development Subject: Regular meeting of March 10, 2008 Date: March 4, 2008 i Villt �AV ITEM Conduct a Public Hearing and consider an Ordinance approving an application for an amendment to Planned Development 1 (PD -1) by amending Ordinance 202, which created the zoning district for PD -1, owned by Maguire Partners - Solana LP, in the Westlake /Southlake Addition No. 1; adding additional acreage to PD -1, approximately 84.25 acres of land in the C.M. Throop Survey, Abstract No. 1510 and the W. Medlin Survey, Abstract 1958, Tarrant County, Texas; and approximately 85.91 acres of land in the C. M. Throop Survey, Abstract No. 1510, the W. Medlin Survey, Abstract No. 1958, the William Pea Survey, Abstract No. 1246 and the Joseph Henry Survey, Abstract No. 742, Tarrant County, Texas; generally located at the Southeast corner of SH 114 and Precinct Line Road. BACKGROUND The applicant desires to rezone approximately 184.32 acres (Tract 2A at 84.25, Tract 2B at 85.91, plus 14.16 acres of ROW to be dedicated), generally located at the Southeast corner of SH 114 and Precinct Line Road, and North of Dove Road. (See enclosed maps) This property is adjacent to the applicant's property, 251.757 acres, which is currently zoned PD -1. Their desire is to have all of their contiguous property governed by the same regulations. In addition to expanding the area regulated by PD -1, the applicant also desires to amend the regulations contained in PD 1 to permit a higher maximum building height from 700 feet MSL to 735 feet MSL. Variations in grade elevation on this property are cited as the basis for this request. By amending the boundaries of the PD -1 area the newly encompassed area will change from "0" Office Park zoning to PD -1. The sections pertaining to setbacks are being amended to clarify or confirm that the property being added to PD -1 would be required to meet the setback requirements of the current zoning ordinance as opposed to the 500 foot setback from residential property required for property already in the PD -1 area. In other words, the setbacks applicable to the area being rezoned will not change. Additionally, we are taking this opportunity to clean up wording and sections that are obsolete or make reference to ordinances or code sections that have been codified or amended. (See proposed Ordinance 202 amendment for PD -1 with strikeouts for deletions and underlines for additions shown for review purposes) This application was considered by the Planning and Zoning Commission on February 28, 2008, and they unanimously recommended approval of the amendment as proposed. ow Secre ary's Office WESTLAKE Town of Westlake ZONING MAP 2650.TT O=GER ROAD * WESTLAKE * TEXAS * 76262 1'.1000' MEW 0 3000 ® R-6 Courray Reeida," R-2 Rural ReMar" R -2 Rural RaeWerft Plenaad DasWp T-9 (PD) R -1 EMM RmldardW R -1 Estate Reeldarrtlal OR Planned Derelopnarrl (PD) -0.5 NelghbWpod ReNOardW Banned Davebpment (PO) MF MuM -Fm* R*Wdw al MF MuM -FmNy R.WaY al Planned Developrnmrt (PD) LR Loral Paw R \ \ \ \O plar—d (Po) - O OMM Fmk O 011loe Park Planrred D-Vlo d (PD) 0+1 OM. Park - Hotel Planned D— lopwrt (PD) ® FDSa RESORrREraL Od OM. -I Park Planned D- -bWnar5 (PD) © OC Office - Campus P—W F D.VW Plarrrtl Deyabprnera (PD) ®open sp� Plarrod Deyeloprrm (FD) � ®MIXED USE -, PlmnnO De19Wpr1wrt (PD) a � � GU Gowrrvwn Um Graham Associates, RS&PL NN U(2 CONSULTING ENGINEERS 8 PLANNERS eoo 8d( FLAGS DRIVE, SUrtE 5M aiUNGTON, TEXAS 76011 (617) aeeE696 ICTCOG tittp:// www. cirwmaps. com /print.asp!Layers= on &At✓KIALV /= on&' -... DISCLAIMER This data has been compiled for NCTCOG. N NCTC ®C7 Maps Various official and unofficial sources were used to gather this information. Every effort WWW.dfwmapS.com was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. of 1 3/4/2008 11:41 AM TOWN OF WESTLAKE ORDINANCE NO. DRA ( FT) D Ft AN ORDINANCE AMENDING ORDINANCE 202, WHICH CREATED THE ZONING DISTRICT "PD -1" AS AMENDED BY ORDINANCE 202 -01 ON NOVEMBER 13, 2000; AMENDING SECTIONS 3, 4, AND 5, DELETING SECTION 8 AND RENUMBERING SECTION 5 AS SECTION 4, SECTION 6 AS SECTION 5, SECTION 7 AS SECTION 6, SECTION 9 AS SECTION 7, SECTION 10 AS SECTION 8, AND SECTION 11 AS SECTION 9. PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A. PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Plan for the Town; and WHEREAS, on November 13, 1992, the Board of Aldennen of the Town of Westlake, Texas adopted a Comprehensive Zoning Ordinance; and WHEREAS, on November 16, 1992, based upon the recommendation of the Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake, Texas amended the Comprehensive Zoning Ordinance with Ordinance 202, creating "PD -1 ", and WHEREAS, on November 13, 2000, based on the recommendation of the Planning and Zoning Commission, the Board of Alderman of the Town of Westlake, Texas amended Ordinance 202, and WHEREAS, an analysis of the Town's codes and regulations has determined that an amendment to these codes and regulations are required in order to protect the health, safety, and welfare of the Town and to comply with the development goals for low density residential development; and WHEREAS, on February 28, 2008, the Planning and Zoning Commission of the Town of Westlake has recommended that Ordinance 202 as amended be revised in accordance with the procedures and processes established in the Code of Ordinances for the Town; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and found to be true and correct. SECTION 2: That Ordinance 202 ( "PD -1 "), as amended, of the Town of Westlake, Texas be amended by amending the first paragraph of Part II as follows: Page 1 C:\Documentsand Settings \ga% -nry \My Documents \My Files \Resolutions \PDA Amend -Ord 202 Amend Maguire DRAFT 3-10 - 08.doc That Ordinance No. 200, the Comprehensive Zoning Ordinance of 1992, is hereby amended, as envisioned by such ordinance, by adding Plan Development District number 1 ( "PD -1 ") within the property described in Exhibits "A" and "A -1 ", attached hereto and incorporated herein by reference for all purposes, to the Comprehensive Zoning Ordinance. PD -1 will be subject to the following zoning provisions. SECTION 3: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by amending Section 3, Subsection B as follows: B. The maximum percent -of PD to be occupied by (i) principal use buildings shall be ten percent (10 %) of the land area (as defined below), excluding court yards, atria, etc. not enclosed within the buildings. Parking garages shall not be included in the calculation of density or site coverage. For these purposes PD 1 shall be deemed to have 251.757 436.077 acres of land area which is its original acreage, plus the additional acreage added by this amendment, before donations for roadways except for right of way within PD donated for S.H. 114. SECTION 4: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by amending Section 3, Subsection C as follows: C. The minimum size of any front, side or rear yard for principal and accessory use buildings, with the exception of Lot 1R2 of Block 2 which shall be as shown on the replat of Lot 1R2 of Block 2 of Westlake /Southlake Park Addition No. 1, shall be: 1. One hundred (100) feet from any public road, street or highway, except for the building located immediately adjacent to the intersection of Sam School Road and Kirkwood Solana Boulevard, for which building the setback shall be eighty (80) feet; 2. The minimum setback front State Highway 114 shall be two hundred (200) feet; 3. Five hundred (500) feet from any residentially zoned area for the property described in Exhibit "A "; 4. In accordance with Section 102- 124(b)(2)(b) of the Code of Ordinances for the property described in Exhibit "A -1 "; or 5. Otherwise, setbacks shall be one hundred (100) feet for side yards, and one hundred (100) feet for rear yards. SECTION 5: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by amending Section 3 as follows: E. The maximum permitted building height for any principal or accessory building should not exceed seven hundred and thirty five (735) feet above mean sea level. Page 2 CADocuments and Settings \ga% %gry\My Documents \My Files \Resolutions \PD -1 Amend -Ord 202 Amend Maguire DRAFT 3-10 - 08.doc SECTION 6: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering and amending Section 5 as follows: Section AS 4. Requirement of a Comprehensive Site Plan. Notwithstanding any provision in the Zoning section of the Code of Ordinances addressing the form of site plans, the comprehensive site plans for certain of the areas covered by PD -1, which are attached hereto as Exhibits `B ", "C ", "D ", and `B" (collectively, the "Bxistins; Site Plans" or individually an "Existing Site Plan ") are hereby reapproved by the Town of Westlake and declared to be in conformance with the Zoning section of the Code of Ordinances. The $ e Defer- Westlalre/Southlake -Park, an -addition e the Town of Westlake as - filed in Volume 188 214 es 78 79 � the Map Plat D .7 4' i �g' Z�e�- t7iC- it�cccv� -vi Taffant Getmty, Texas, as modified by plat filed in Cabinet > > of the Map Plat ReE9r-dS- of Tarrant County, —Texas the "Addition") p4efmiit not less than the land eeveralole for- prineipal use buildings as set fbi4h in Exhibit "F" attae 5 "G" 5 attaebed hereto, butt, of whieexhibits afe incorporated her -ein- by referenee— f6ralt proses Any development within PD -1 not materially in accordance with the Existing Site Plans will require the submission and approval of a new PD site plan in accordance with Section 102 -268 of the Zoning section of the Code of Ordinances for such new, additional or substantially changed development, provided in no event shall the site coverage by principal buildings be more than ten percent (10 %) as set forth in Section 3B above. SECTION 7: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 6 of Ordinance 202 ( "PD -1 ") as Section 5. SECTION 8: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 7 of Ordinance 202 ( "PD -1") as Section 6. SECTION 7: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by deleting Section 8. SECTION 8: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 9 of Ordinance 202 ( "PD -1 ") as Section 7. SECTION 9: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 10 of Ordinance 202 ( "PD -1 ") as Section 8. SECTION 10: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 11 of Ordinance 202 ( "PD -1 ") as Section 9. SECTION 11: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Board of Aldermen hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Page 3 C: \Documents and Settings \ga%vtry \My Documents \My Files \Resolutions\PDA Amend -Ord 202 Amend Maguire DRAFT 3-10 - 08.doc SECTION 12: This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 13: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 14: This Ordinance shall become effective upon its passage by the Board of Aldermen. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS l OT" DAY OF MARCH, 2008. ATTEST: Kim Sutter, TRMS, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Scott Bradley, Mayor Joe .C. Hennig, Interim Town Manager Page 4 C: \Documents and Settings \gawtry,My Documents \My Files \ResolutlonsTD -1 Amend -Ord 202 Amend Maguire DRAFT 3-10 - 08.doc ' LOT L 1t00c I - WS ILARL/-,W TNIAXE PARR AM" No I * V%MW 38e -214, PACES 70 t 79 P.R.LCT. 4 � o PowT ow mwos wr4a O TRACT YA 5/R' ROI ROD TouwO O ./CARTER A BURGESS CAP 4 M. THROOr BAY" EXHIBIT 'A' '^`KT "• >nD TRACT 28 HU _F2L N 85.91 ACRES OUT OF THE C.M. TNROOP ( „� f) SURVEY ABSTRACT No. 1510 HLiti- Zo1ars, b-sr- 1)”" THE W. MEDLIN SURVEY, 31:31 ►AcKkwwy Avenue, SJte 600 ABSTRACT No. 1958 D812A Texas 75204 -2489 THE WILLIAM H. PEA SURVEY, P►wne (214) 87F -3311 Fac (2W) 871 -0757 ABSTRACT No. 1246 AND THE JOSEPH HENRY SURVEY, ABSTRACT No. 742 TARRANT COUNTY, TEXAS Jrl7Z ?AAS � r4 Q to e v o r qw1 N 4 r p ADS-RAC- N; 'ton TAIR T C.. I ABSTUICT N. 1045 DC.TON C.. JDa"M ObATY 1U11'V[Y AdSTb1R N.. 742 'TARRANT G. `} U AASTRACT N.. 570 DENTON G. 86.101 ACRES SCA tC-4W a `Qs,�or � IAAGUIRE PARTNERS O PROPOSm ROW DCDrCArfCW SOLANA LAND. L.P. Pdl VOLUME 116858, PAGE 170 o °soT. GRA"AY ASi00ATES t - -- ------------ - -p-mw - - - -- - UAYI. UK ------ - -- -- - -- - - -- - -- - -:= ----- - - - - -- . W. MCDUM SURVEY ABSTRACT N.. 1518 DEMON fe. W MLDJN SI,'RVl'T CdJrT LOK - ABST ✓ACT S. 19SO �APaAN: C.. . SURVEY L04 PROPOSM ROW DCDICAT10N . PER M4" AS=ATCS ' LOT L 1t00c I - WS ILARL/-,W TNIAXE PARR AM" No I * V%MW 38e -214, PACES 70 t 79 P.R.LCT. 4 � o PowT ow mwos wr4a O TRACT YA 5/R' ROI ROD TouwO O ./CARTER A BURGESS CAP 4 M. THROOr BAY" EXHIBIT 'A' '^`KT "• >nD TRACT 28 HU _F2L N 85.91 ACRES OUT OF THE C.M. TNROOP ( „� f) SURVEY ABSTRACT No. 1510 HLiti- Zo1ars, b-sr- 1)”" THE W. MEDLIN SURVEY, 31:31 ►AcKkwwy Avenue, SJte 600 ABSTRACT No. 1958 D812A Texas 75204 -2489 THE WILLIAM H. PEA SURVEY, P►wne (214) 87F -3311 Fac (2W) 871 -0757 ABSTRACT No. 1246 AND THE JOSEPH HENRY SURVEY, ABSTRACT No. 742 TARRANT COUNTY, TEXAS ROANOKE- DOVEROAD (VAMABI£ RIOTH ROW) \POfiT OF BEORVMJO TRACT PA 5/5- " R%% FOUND s/CARTOt 6 BURCM CAP t 1 7� i EXHIL31T 'A'' GUTNR'TiK rAPUS Z�+� �M1c ` `--�` ' i �d�C��� l; T RAC T 2 A C�1B O R PC T5 7 6 5 1 jb{�1 84.25 ACRES OUT OF THE C Li. TI -IRGOP SURVEY ABSTRACT No. 1510 3131 McKWoyY AverxAe, We 600 AND M E W. MEDLIN SURVEY, Dallas, Texes75204 -2489 ABSTRACT No. 1955 Phone (214) 87f3," Fut (24) 971-0757 TARRANT COUNTY, TEXAS 1 PROPOSED R, oCDr-Anw MAGUIRE PARTNERS - PER GRAHAM ASSOCIATES SOLANA LAND, LP. VOLUME 16858, PAGE 176 DRT.C.T. - - - ---- - — — - --- — - - - -- - -0sv~cTEr — — WMOMATE EOCA ROI — — -- -- N — 1-- — — — — — — — — — — — — — A. MEDIIN 5i.RVL7 COUNry LINE- - Afl,I RACT No. I S-1J TARRANT Co. --- — --- — _,_ �___ - -__ ---- Af94o!TCIOCA� -- -'- --'- -_ IwA ---'- -'- - --- lM SLA1 BI °400' Cal. THROOI SUICVr - ABSTRACT V.. 1510 PROPOSOD R)Y DEDRATOM PER ORANALf ASSOOAIES O � FUR M A S LANTEL PARTNERSW WL 13x37, PC. 409 P.R. LC T. - - LOT 1. BLOCIK 1 RESaAKE/SOUTNLAXE PARK ADOIT"v N. I KLLw 3m -Z14. PAGES 78 a 79 RR.T.CL C dit s J MEMUCAIY HVM SCR%EI- 84.25 ACRES ABSTRICT No. 756 - - MAGUIRE PARTNERS - \ - SOLANA LAND, LP. %'CL'UME 16858, PACE 176 \ ° a D.R.T. C.T. FUR TEXAS L447M PARTNERSHIP IL - V"- 13457. PG 403 V - O.R.T.0 T. U W LOT 1, BLOC( 3 IL RCS r,AKC/SOU THLAKE —_ . - - -. PRA ROR 000CATOM _ PAR( ADOITION Na I KxvwE 3M -114, PAGES 78 t 7O PER GRAHAM ASSDCIATOS - P.RTCT. ROANOKE- DOVEROAD (VAMABI£ RIOTH ROW) \POfiT OF BEORVMJO TRACT PA 5/5- " R%% FOUND s/CARTOt 6 BURCM CAP t 1 7� i EXHIL31T 'A'' GUTNR'TiK rAPUS Z�+� �M1c ` `--�` ' i �d�C��� l; T RAC T 2 A C�1B O R PC T5 7 6 5 1 jb{�1 84.25 ACRES OUT OF THE C Li. TI -IRGOP SURVEY ABSTRACT No. 1510 3131 McKWoyY AverxAe, We 600 AND M E W. MEDLIN SURVEY, Dallas, Texes75204 -2489 ABSTRACT No. 1955 Phone (214) 87f3," Fut (24) 971-0757 TARRANT COUNTY, TEXAS TOWN OF WESTLAKE ORDINANCE NO. 588 AN ORDINANCE AMENDING ORDINANCE 202, WHICH CREATED THE ZONING DISTRICT "PD -1" AS AMENDED BY ORDINANCE 202 -01 ON NOVEMBER 13, 2000; AMENDING SECTIONS 3, 4, AND 5, DELETING SECTION 8 AND RENUMBERING SECTION 5 AS SECTION 4, SECTION 6 AS SECTION 5, SECTION 7 AS SECTION 6, SECTION 9 AS SECTION 7, SECTION 10 AS SECTION 8, AND SECTION 11 AS SECTION 9. PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A. SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Plan for the Town; and WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Zoning Ordinance; and WHEREAS, on November 16, 1992, based upon the recommendation of the Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake, Texas amended the Comprehensive Zoning Ordinance with Ordinance 202, creating "PD -I ", and WHEREAS, on November 13, 2000, based on the recommendation of the Planning and Zoning Commission, the Board of Alderman of the Town of Westlake, Texas amended Ordinance 202, and WHEREAS, an analysis of the Town's codes and regulations has determined that an amendment to these codes and regulations are required in order to protect the health, safety, and welfare of the Town and to comply with the development goals for low density residential development; and WHEREAS, on February 28, 2008, the Planning and Zoning Commission of the Town of Westlake has recommended that Ordinance 202 as amended be revised in accordance with the procedures and processes established in the Code of Ordinances for the Town; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and found to be true and correct. SECTION 2: That Ordinance 202 ( "PD -1 "), as amended, of the Town of Westlake, Texas be amended by amending the first paragraph of Part II as follows: Page 1 s: \-ro %N,n SecretaR \Ordinances\2008 \Ord. Amend -Ord 202. Amend PD] Maguire 3- 10- 08.doc That Ordinance No. 200, the Comprehensive Zoning Ordinance of 1992, is hereby amended, as envisioned by such ordinance, by adding Plan Development District number 1 ("PD-l") within the property described in Exhibits "A" and "A-1", attached hereto and incorporated herein by reference for all purposes, to the Comprehensive Zoning Ordinance. PDA will be subject to the following zoning provisions. SECTION 3: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by amending Section 3, Subsection B as follows: B. The maximum percent of PDl to be occupied by (1) principal use buildings shall be ten percent (10 %) of the land area (as defined below), excluding court yards, atria, etc. not enclosed within the buildings. Parking garages shall not be included in the calculation of density or site coverage. For these purposes PD shall be deemed to have 436.077 acres of land area which is its original acreage, plus the additional acreage added by this amendment, before donations for roadways except for right of way within PD 1 donated for S.H. 114. SECTION 4: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by amending Section 3, Subsection C as follows: C. The minimum size of any front, side or rear yard for principal and accessory use buildings, with the exception of Lot 1R2 of Block 2 which shall be as shown on the replat of Lot 1R2 of Block 2 of Westlake /Southlake Park Addition No. 1, shall be: 1. One hundred (100) feet from any public road, street or highway, except for the building located immediately adjacent to the intersection of Sam School Road and Solana Boulevard, for which building the setback shall be eighty (80) feet; 2. The minimum setback from State Highway 114 shall be two hundred (200) feet; 3. Five hundred (500) feet from any residentially zoned area for the property described in Exhibit "A "; 4. In accordance with Section 102- 124(b)(2)(b) of the Code of Ordinances for the property described in Exhibit "A -1 "; or 5. Otherwise, setbacks shall be one hundred (100) feet for side yards, and one hundred (100) feet for rear yards. SECTION 5: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by amending Section 3 as follows: Page 2 CADocunients and Set6ngs \gakN1ry\My Documents \My Files \ResolutionsTD -] Amend -Ord 202 Amend Maguire 3- 10- 08.doc E. The maximum permitted building height for any principal or accessory building should not exceed seven hundred and thirty five (735) feet above mean sea level. SECTION 6: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering and amending Section 5 as follows: Section 4. Requirement of a Comprehensive Site Plan. Notwithstanding any provision in the Zoning section of the Code of Ordinances addressing the form of site plans, the comprehensive site plans for certain of the areas covered by PD -1, which are attached hereto as Exhibits `B ", "C ", "D ", and "E" (collectively, the "Existing Site Plans" or individually an "Existing Site Plan ") are hereby reapproved by the Town of Westlake and declared to be in conformance with the Zoning section of the Code of Ordinances. Any development within PD -1 not materially in accordance with the Existing Site Plans will require the submission and approval of a new PD site plan in accordance with Section 102 -268 of the Zoning section of the Code of Ordinances for such new, additional or substantially changed development, provided in no event shall the site coverage by principal buildings be more than ten percent (10 %) as set forth in Section 3B above. SECTION 7: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 6 of Ordinance 202 ( "PD -1") as Section 5. SECTION 8: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 7 of Ordinance 202 ( "PD -1 ") as Section 6. SECTION 7: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by deleting Section 8. SECTION 8: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 9 of Ordinance 202 ( "PD -1") as Section 7. SECTION 9: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 10 of Ordinance 202 ( "PD -1 ") as Section 8. SECTION 10: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 11 of Ordinance 202 ( "PD -1 ") as Section 9. SECTION 11: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Board of Aldermen hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 12: This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the Page 3 C: \Documents and Settings \ga%wy\My Documents \My Files \ResolutionsTD -1 Amend -Ord 202 Amend Maguire 3- 10- 08.doe provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 13: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000) and a separate offense shall be deemed committed each day during or .on which a violation occurs or continues. SECTION 14: This Ordinance shall become effective upon its passage by the Board of Aldermen. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS IOT" DAY OF MARCH, 2008. ATTEST: Kim Sutter, TRMS, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Scott Bradley, Mayor Joe C. Hennig, Interim Town Manager Page 4 CADocuments and Settings \ga%%1ry\My Documents \My Files \ResolutionsTD -1 Amend -Ord 202 Amend Maguire 3- 10- 08.doc s r., � j2;Z lrfr.s C TC. -?qq T 77777 ,p N o o .:1M H. PCA 3..Rr! -T 'r zao TA A!'.AnT Ce. I AM3TX#Z No. 742 7ARRAJfF c' AYSTRALT NO. 520 oDFTON Cc' AOS:!tAC` ,... ABSF4C'•' M1c 1Cd5 CG.70N Ce. ! Y� 86.91 ACRES suutE��400 U` sr4 MAGUIRE PARTNERS U SOLANA LAND, L.P. - arc' cJ al ED PROPOS ROW ODW-ArON - '' VOLUME 16858, PAGE 178 - I •' •L 70, PCR GRMAY ASSOOATFS D.R.T.C.T. . e _ — -- - SUPPOLT LANE . -- Yf. MFDLLN SURV Cy ABSTRACT No. Ib88 ' - DEh70N Co. ' APPRO!OWATE 1DU110M _ _--. — — — — -- •..-. — -- _� -- — -- — — — .— — ^ — - — — -- — -- — T cwNTr LANE W M!D'JN `-L'RV ET AB5r,?ACT No. !958 7APRAN, Cc. APPR070YATE IOCA_TION -- -- - - -- -- _- -- --- --- _'.-- _-- �_------- - -_ - -- •• -- - . _------- - - - - -- - -_ -- -- -- -_ -- - -- -_ - - - -_ -- AIRVEY LK ._-- PRoPo= ROW DD!Ct110r! PER MANAY ASSMATES LOT Z BLOCK I N aNI PARK ADDOMONr . VOLUmE 3M -214, PACES 78 ! 79 t P.R.Ml \POW p Cw DEE7"W40 TRACT 20 p s/r Ota" no rouNo p . /CARrM • DUWGESS CAP EXHIBIT WAW 4 H THROOr 5Lwver TRACT 2B AHSTRA= No. MO 4�I_�i 85.91 ACRES 0'JT OF THE C.M. 'NROO SURVEY ABSTRACT No. 1510 I�^ I` THE W. MEDLIN SURVEY, HErtt- Zolara, Inc Dalaa ABSTRACT No. 1958 31M McKnney Avenue, Suds 600 THE WILLIAM H. PEA SURVEY, DelmA Texas 75204 -2489 ABSTRACT No. 1246 Phone (214) 87}-= F3K (214) 871 -0757 AND THE JOSEPH HENRY SURVEY, ABSTRACT No. 742 TARRANT COUNTY, TEXAS DED ROW MACUIRE PARTNERS — PROPOSED M' K;ATION t✓' PER GRAHAM ASSOQATES SOLANA LAND, L.P. VOLUME 16858, PAGE 176 DRT.C.T. - sua Er t ac - - ----' tPOROA.ATE LOCATION — — — N. MCGIJN 5L,RVEY COON TY LNC A V-IRACT No. ISSJ -- TARRANT Co. y"Q)gt!AY UHE MN SCALE. 1'— 400' C.M. THROOP SURVEY ABSTRACT Sa. 1510 � PROPOSED RU4' ITEDMATION PER GRAHAM ASSOCATCS , I i FUR M A S WITED PARTNERSHIP VOL 13457, PC. 409 D.R.T.CT. 0 LOT Z BLOCK 1 MESRAKE/SOVTHLAKE PARK ADLAflON N a I VOLUME W –T14, PAGES 78 a 79 P.R.T.CT. lu3 0 2 MEMUCAh H7TtT SfRt'EY 8 84,26 "ACRES `\ ABSTRACT No, 756 Z + MACUIRE PARTNERS SOLANA LAND, L.P. \ O VOLUME 16858, PACE 176..' O D.R.T.C.T. o FUR 7EXAS LG47W PARTNERSHIP 1- " VEIL 13457, PG 403 A ft. I:CT. 0 Z 0 lu a LOT 1, BLOCK 3 RESr,AKE/SCUTHLAKE PROPOSED RST. T%DiCATION PAW ADO /n0N No. I PER GRAHAM ASSOCIATES 19LUME .788 -214, PACES 78 d' 79 . ' P.RT.CT. ROANOKE- DOVEROAD (VARIABLE MOTH RO.W4 I E,CHI91T W- LJUU—ZOLKis T R A C T 2 A 84.25 ACRES OUT OF THE C.M, THROOP SURVEY ABSTRACT No. 1510 30 McKrvley Avenue, "e 600 AND M E W. MEDLIN SURVEY, Dallas, Texas 75204 -2489 ABSTRACT No. 195° Phone (214) 871-3" F°" (2kt) 871 -0757 TARRANT COUNTY, TEXAS Pow of E>EorrvnRr,La TRACT PA 5/E' ]RON RK' Fol1HD . /CARTER t BURGESS CAP CU?i WYCX FARMS CAB. A PG 5765 P.R. T.C.T. ARTICLE III. PERMISSIBLE USES DIVISION 1. GENERALLY Sec. 102 -61. Land use schedule. Buildings, structures and land shall be used only in accordance with the uses permitted in the following land use schedule, subject to all other applicable requirements of this chapter, including article IV, district development standards: (1) The symbol "X" shall mean that the use is permitted as a principal use in that zoning district by right. (2) The symbol "S" shall mean that the principal use is permitted in that zoning district only after first obtaining a specific use permit (SUP) as set forth in this article. (3) The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use in the district. This does not exclude other land uses which are generally considered ancillary to the primary use. (4) The word "Yes" in the column titled "Site Plan" shall mean that site plan approval is required prior to issuance of a building permit, subject to the requirements of article VIII of this chapter, applications, section 102 -314, required site plan. (5) An asterisk ( *) indicates that the use has special standards or requirements listed in this section, which it must meet in order to be allowed. (6) A blank square shall mean that the use is not allowed in that zoning district as a principal use. WESTLAKE LAND USE SCHEDULE TABLE INSET: SF Residential Permitted Uses Commercial R- 5 R- 2 R- 1 R- 0.5 RA X= Permitted, A= Accessory Use, S =SUP GU MF LR O PD 1 AGRICULTURAL USES X X X X X Orchard X X X X X X X X X Plant nursery (growing) X X X X Plant nursery (retail sales) X X Farms general (crops) X X X Farms general (livestock, ranch) X X X Veterinarian (indoor kennels) X Veterinarian (outdoor kennels) S S Stables (private, principal use) S X X X X Stables (private, accessory use) Stables (as a business) S RESIDENTIAL USES • X X X X Single- family detached S Single - family zero lot line X Single - family attached X X X Private aircraft hangar X X Aircraft fuel storage Duplex X • X X X X Home occupation A A A A A Servants /caretakers quarters* A A A A Temporary accommodation for employees /customers /visitors * A A A INSTITUTIONAL AND GOVERNMENTAL USES Emergency ambulance service X X X Post office (governmental) X X X Mailing service (private) X X X Heliport A X Helistop A S S X S S S S S Telephone switching station X X X X Electrical substation S S X X X X X X Utility distribution lines* X X X X Utility shop and storage X S S X X X X X X Sewage pumping station X X X X Water storage tank (elevated or ground) X S S X Retirement home X X X Nursing /convalescent home X X X Hospice X X X Hospital X X X Psychiatric hospital S X X Clinic S X X X X X X X Child daycare (7 or more)* X A X X X S S S S School, K -12 (public) X S S S S School (vocational) X S X X X College or university S X X X Community center X X X X X Civic club X X X X X S S S S S Church or place of worship* X X X X S S S S S Use associated to a religious institution A X X X Government building X X X X X Police station X X X X X S S S S S Fire station X X X X X Library X X X X X S S S S S Private water wells* S S S S S COMMERCIAL USES Multifamily (apartments) X Offices (general) X X X Studio X X X Banks and financial institutions X X X Information processing X X Hotel /motel with conferencing facility S X S X Laundry /dry cleaning ( <3,000 square feet) X X Laundry /dry cleaning (drop /pick) X X X Shoe repair X A X Beauty parlor /barbershop X A X Clothing store X X Quick copy /duplicating services X A X Personal services X X X Grocery X X Convenience store X A X Service station X X Drug store X A X Variety store X X Bakery sales X X Stationery store X A X Antique shop X X Art gallery X X A X Hardware store X X Sporting goods X X Paint and wallpaper X X Cloth store X X Retail stores -- General (excluding secondhand goods) X A X Restaurant /cafe (GU not for profit) A S S X Restaurant /cafe with private club S S X Auto /truck parts and accessories S X Household furniture /appliances X X AMUSEMENT /RECREATION X X X X Golf course (public or private) X X X X X X X X Park or playground X X X X X See division 2 of this article Wireless communications facility See division 2 of this article Noncommercial radio tower S S S Race track operation Recreation facility, health studio X X X X X S S S S Country club (private membership) X X X S S S S Tennis, Basketball court, etc. lighted S S S S A X X X X X Tennis, Basketball court, etc. unlighted X X X X X AUTO SERVICES Truck/trailer rental S Auto body repair Auto mechanical repair S Quick lube /oil change X Vehicle maintenance (private) X X WHOLESALE TRADE Warehouse /storage (inside) Warehouse /storage (outside) Scrap /waste recycling collection and /or storage Gas /chemical bulk storage Light manufacturing /assembly S S Apparel manufacturing Packaging and /or distribution Printing, engraving & related reproductive services X Distribution of books /other printed material X Machine shop Welding shop S S S S Temporary batching plant* S S S S OIL & GAS EXPLORATION Drilling Work - Over /Pulling Unit Pumpj ack Produced Storage (Tank Batteries) SIGNS X X X X X Builder directional signs (temp.) Contractor signs (temp.) X X X X X X X X Holiday signs (temp.) X X X Business window signs (temp.) X X Monument signs X X X X Wall signs X X X X X X X X Political yard signs (temp.) X X X Decorative banners (temp.) X X X X ( *) Signifies uses with special guidelines, see section 102- 63 (UDC 1994, art. IV, § 1; Ord. No. 391, § 2, 5 -14 -2001; Ord. No. 392, § 2, 5 -14 -2001; Ord. No. 426, § 4, 9 -23 -2002 Ord. No. 456, § 2, 4 -12 -2004; Ord. No. 519, § 4, 2007) 4 -23- Sec. 102 -62. Accessory uses and structures. An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. To: From: Subject: Date: ITEM Town of Westlake Memo Honorable Mayor and Members of the Board of Aldermen Joe C. Hennig, Interim Town Manager Eddie Edwards, Director of Planning and Development Regular meeting of March 10, 2008 March 4, 2008 Consider a Resolution accepting the dedication of Right -of -Way (ROW) necessary for the expansion of FM 1938 from Maguire Partners - Solana Limited Partnership. BACKGROUND Maguire Partners is dedicating two parcels of land, totaling approximately 14.15 acres, to be used as the ROW necessary for the widening and realignment of FM 1938. The first parcel 13.591 acres and is located on the east side of FM 1938 between S.H. 114 and Dove Rd., and includes right -of -way for the section of Solana Blvd. that currently has temporary paving and will connect Solana Blvd. to the proposed location of the North end of FM 1938. The second parcel is .56 acres and is located on the North side of Dove Rd., East of the intersection of FM 1938. Usually the Town of Westlake would accept a dedication of right -of -way during the platting process. However, since Maguire Partners is not ready to plat their property at this time and the schedule for the FM 1938 project necessitates the acquisition of right - of -way as soon as possible, Maguire Partners has chosen to make this dedication now. Additionally, there is a parcel of land containing 2.408 acres that is located at the intersection of FM 1938 and Dove Rd. that Maguire Partners will ive a Quit Claim Deed / ✓ ✓�r�t r to the Town of Westlake to establish that they have no claim to the f >;. APPROVED BY: T n M'anag r s 0 >e E T Secretary's Office TOWN OF WESTLAKE RESOLUTION NO. 08 -15 ACCEPTING THE DEDICATION OF RIGHT -OF -WAY (ROW) NECESSARY FOR THE EXPANSION OF FM 1938 FROM MAGUIRE PARTNERS- SOLANA LIMITED PARTNERSHIP. WHEREAS, the Board of Aldermen desires to obtain the necessary right -of -way for the widening and realignment of FM 1938; and WHEREAS, Maguire Partners - Solana Limited Partnership has agreed to dedicate this right -of -way now, as opposed to when the adjacent property is eventually platted, and thereby avoid delays to the construction schedule related to this portion of the roadway; and WHEREAS, the Board of Aldermen has determined that the acceptance of this dedication is in the best interest of the Town of Westlake; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. The findings and declarations contained in the preamble of this Resolution are hereby incorporated as part of this Resolution. SECTION 2. This Board of Aldermen hereby accepts the dedication of the ROW, as shown on attached Exhibit "A" and Exhibit "B ", from Maguire Partners - Solana Limited Partnership. SECTION 3. This Resolution shall take effect immediately upon its approval. PASSED AND APPROVED ON THIS 10`h DAY OF MARCH 2008. ATTEST: Kim Sutter. TRMC, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Scott Bradley, Mayor Joe C. Hennig, Interim Town Manager EXHIBIT 'A' RIGHT -OF -WAY PARCEL NO. 70 -ROW -1 PRECINCT LINE ROAD, DOVE.ROAD & KIRKWOOD BOULEVARD MAGUIRE, PARTNERS- SOLANA LIMITED PARTNERSHIP BEING 13.591 acres of land, situated in the William Pea Survey, Abstract No. 1045, Denton County, Texas, the William Pea Survey, Abstract No. 1246, the W. Medlin Survey, Abstract No. 1958 and the C.M. Throop Survey, Abstract No. 1510, Tarrant County, Texas and being out of tract of land, conveyed by deed to Maguire Partners - Solana Limited Partnership, as recorded in Volume 13290, Page 09, Deed Records, Tarrant County, Texas. Said 13.591 acres being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 inch iron rod with a Huitt Zollars cap found at a point in the south right -of- way line of State Highway 114 (a variable width R.O.W.), said point being the northwest corner of said Maguire tract and the northeast corner of a tract of land conveyed by deed to FMR Texas Limited Partnership, as recorded in Volume I4146, Page 381, Deed Records, Tarrant County, Texas; THENCE South 71 °36'24" East, along the common line of the north line of said Maguire tract and the south nght -of- -way line of said State Highway 114, a distance of 60.00 feet to a destroyed TxDot Brass Cap found for comer; THENCE North 18 °23'35" East, continuing along said common line, a distance of 30.00 feet to a point for corner, THENCE North 59 °33'33" East, continuing along said common line, a distance of 17.82 feet to a 1/2 inch iron rod set for corner, THENCE South 16 °30'03" West, leaving said common line, a distance of 322 -62 feet to a point for comer; THENCE South 18 °23'55" West, a distance of 185.45 feet to a 1/2 inch iron rod set for comer, said point being the point of curvature of a curve to the right, having a delta of 16 °09'57 ", a radius of 1,432.50 feet, a tangent length of 203.44 feet and a chord bearing and distance of South 26 °28'54" West, 402.84 feet; THENCE southwesterly, along the are of said curve to the right, a distance of 404.18 feet to a 1/2 inch iron rod set for corner, THENCE South 09 °29'56" East, a distance of 21.47 feet to a 1/2 inch iron rod set for corner; THENCE South 55 °44'53" East, a distance of 190.40 feet to a 1/2 inch iron rod set for corner - said point being the point of curvature of a curve to the right, having a delta of 45 °43'19 ", a radius of 708.00 feet, a tangent length of 298.50 feet and a chord bearing and distance of South 32 053114" East, 550.11 feet; THE?N10E southeasterly, along the arc of said curve to the right, a distance of 564.98 feet to a 1/2 inch iron rod set for corner; THENCE South 10 °01'34" East, a distance of 132.24 feet to a 1/2 inch iron rod set for corner, said point being the point of curvature of a curve to the left, having a delta of 24 °06'47 ", a radius of 812.00 feet, a tangent length 173.43 feet and a chord bearing and distance of South 22 °04'58" East, 339.22 feet; THENCE southeasterly, along the arc of said curve to the left, a distance of 341.73 feet to a 1/2 inch iron rod set for corner, said point being the point of curvature of a compound curve to the left, having a delta of 18 °54'48 ", a radius of 612.00 feet, a tangent length of 101.94 feet and a chord bearing and distance of South 43 °35'45" East, 201.11 feet; THENCE southeasterly, along the are of said compound curve to the left, a distance of 202.02 Feet to a 1/2 inch iron rod set for corner; THENCE South 53 003'09" East, a distance of 32.60 feet to a 1/2 inch iron rod set for comer, said point bung the point of curvature of a curve to the right, having a delta of 09 °12'56 ", a radius of 1,428.00 feet, a tangent length of 115.09 feet and a chord bearing and distance of South 48 °26'41" East, 229.43 feet: 11:\SOU7}iLAKE1FM1 938_10- 24- 05\LEGALS \COWestlnke Right -017- Way_03-09-06.dm THENCE southeasterly, along the are of said curve to the right, a distance of 229.68 feet to a 1/2 inch iron rod found for corner, said point being in the east line of said Maguire tract; THENCE South 00 °32'53" East, along said east line, a distance of 238.54 feet to a 1/2 inch iron rod set for corner, said point being the point of curvature of a non - tangent curve to the left, having a delta of 19 °16138 ", a radius of 40p.00 feet, a tangent length of 67.93 feet and a chord bearing and distance of North 42 °47'20" West, 133 -95 feet; THENCE northwesterly, leaving said east line and along the arc of said non - tangent curve to the left, a distance of 134.58 feet to a 1/2 inch iron rod set for corner; THENCE North 52 °25'39" West, a distance of 230.44 feet to a 1/2 inch iron rod set for comer, said point being the point of curvature of a curve to the right, having a delta of 44'46'10", a radius of 932.50 feet, a tangent length of 384.06 feet and a chord bearing and distance of North 30 °02'34" West, 710.24 feet; THENCE northwesterly, along the arc of said curve to the right,.a distance of 728.63 feet to a 112 inch iron rod set for corner, THENCE North 07 °39'29" West, a distance of 2.51 feet to a 1/2 inch iron rod set for comer, said point being the point of curvature of a curve to the left, having a delta of 46 °49'00 ", a radius of 735.60 feet, a tangent length of 318.45 feet and a chord bearing and distance of North 31 °03'58" West, 584.48 feet; THENCE northwesterly, along the are of said curve to the left, a distance of 601.06 feet to a 1/2 inch iron rod set for comer,• THENCE North 54 °28'28" West, a distance of 123.21 feet to a 1/2 inch iron rod set for comer; THENCE South 80°31'32" West, a distance of 21.21 feet to a 1/2 inch iron rod set for corner, THENCE South 35 °31'32" West, a distance of 329.50 feet to a 1/2 inch iron rod set for corner, said point being the point of curvature of a curve to the right, having a delta of 06'53'00". a radius of 255.50 feet, a tangent length of 15.37 feet and a chord bearing and distance of South 38 158102" West, 30.68 feet; THENCE southwesterly, along the arc of said curve to the right, a distanee of 30.70 feet to a 1/2 inch iron rod set for corner; THENCE South 42 °24'32" West, a distance of 59.53 feet to a 1/2 inch iron rod set for corner, said point being the point of curvature of a curve to the left, having a delta of 06 °53'00 ", a radius of 419.50 feet, a taugcnt length of 25.23 feet and a chord bearing and distance of South 38 °58'02" West, 5 0.3 7 feet; THENCE southwesterly, along the arc of said curve to the left, a distance of 50.40 feet to a 1/2 inch iron rod set for corner; TH -ENCE South 35 °31'32" West, a distance of 138.73 feet to a 1/2 inch iron rod set for corner, said point being the point of curvature of a point of curvature of a curve to the left, having a delta of 35 °56'31 "; a radius of 1,267.50 feet, a tangent length of 411.13 feet and a chord bearing and distance of South 17'33'16" West, 782.14 feet; THENCE southwesterly, along the are of said curve to the left, a distance of 795 -11 feet to a 1/2 inch iron rod set for corner, THENCE South 00 °24'59" East, a distance of 1,301.49 feet to a 1/2 inch iron rod set for corner, said point being the point of curvature of a curve to the right, having a delta of 08 °26'23 ", a radius of 1,782.50 feet, a tangent length of 131 -52 feet and a chord bearing and distance of South 03 °48'12" West, 262.33 feet; THENCE southwesterly, along the arc of said curve to the right, a distance of 262.56 feet to a 1/2 inch iron rod set for corner, said point being in the east line of said Maguire tract, said point also being the point of curvature of a non - tangent curve to the right, having a delta of 35 °15'15 ", a radius of 154.38 feet, a tangent length of 49.05 feet and a chord bearing and distance of North 18 °04'35" West, 93.50 feet; P:'SOU I] LAKE1 FM1938_] 0- 24-051LEGALSV COWest lakeRight- Of- Way_03_W_G6.dic THENCE northwesterly, along the arc of said non - tangent curve to the right and along the east line of said Maguire tract, a distance of 94.99 feet to a point for comer; THENCE North 00 026153" West, continuing along said east line, a distance of 977.90 feet to a point for corner; THENCE North 00 °41'24" West, continuing along said east line, a distance of 394.37 feet to a point for corner; THENCE North 00 °43'06" West, continuing along said east line, a distance of 289.94 feet to a point for comer, said point being in the common line of the east line of said Maguire tract and the west line of said FMR tract, said point also being the point of curvature of a curve to the right, having a delta of 43 °29'49 ", a radius of 1,050.00 feet a tangent length of 418.88 feet and a chord bearing and distance of North 22 °25''25" East, 778.12 feet; THENCE northeasterly, along said common line and along the are of said curve to the right, a distance of 797.12 feet to a point for comer, THENCE North 44 109'32" East, continuing along said common line, a distance of 109.52 feet to a point for corner, said point being the point of curvature of a curve to the left, having a delta of 15 °56'57 ", a radius of 1,050.00 feet, a tangent length of 147.09 feet and a chord bearing and distance of North 36'12'08" East, 291.34 feet; THENCE northeasterly, continuing along said common line and along the are of said curve to the left, a distance of 292.28 feet to a point for comer, THENCE North 28 012'50" East, continuing along said common line, a distance of 595.41 feet to a point for comer, said point being the point of curvature of a curve to the left, having a delta of 09 °44'52 ", a radius of 1,050.00 feet, a tangent length of 89.53 feet and a chord bearing and distance of North 23 °20'24" East, 178.42 feet; THENCE northeasterly, continuing along said common line and along the are of said curve to the left, a distance of 178.64 feet to a point for comer; THENCE North 18 °29'01" East, continuing along said common line, a distance of 335.03 feet to the POINT OF BEGINNING and CONTAINING 592,027 square feet or 13.591 acres of land, more or less. Cl{ARLES F. STARK 5064 �.o. >1%l° / Pa SOUTHLAKE\ FMl938 _10- 24- 05ILEGALS \COWesOake Right -Of- Way_03- 09- 06.auc RIGHT -OF -WAY PARCEL NO. 70-ROW-2 PRECINCT LINE ROAD, DOVE ROAD & KIRKWOOD BOULEVARD MAGUIRE PARTNERS- SOLANA LIMITED PARTNERSHIP BEING 0.560 acres of land, situated in the William Pea Survey, Abstract No. 1045, Denton County, Texas, the William Pea Survey, Abstract No. 1246, the W. Medlin Survey, Abstract No. 1958 and the C.M. Throop Survey, Abstract No. 1510, Tarrant County, Texas and being out of tract of land, conveyed by deed to Maguire Partners - Solana Limited Partnership, as recorded In Volume 13290, Page 09, Deed Records, Tarrant County, Texas. Said 0.560 acres being more particularly described by metes and bounds as follows; BEGINNING at the southeasterly end of a curve to the right forming the intersection of the north right -of -way line of Dove Road (a variable width R.O.W.) and the east right -of -way line of Precinct Line Road (a variable width R.O.W.), said point being the southwest corner of said Maguire tract, said curve to the right having a delta of 45 °28'17 "; a radius of 154.38 feet, a tangent length of 64.69 feet and a chord bearing and distance of North 67 °27'50" West, 119.33 feet; THENCE northwesterly, along the arc of said curve to right, a distance of 122.52 feet to a 1/2 inch iron rod set for corner; THENCE South 80 °43'21" East, leaving the north right -of -way line of said Dove Road, a distance of 35.87 feet to a 1/2 inch iron rod set for corner, said point being the point of curvature of a curve to the left, having a delta of 09 °14'58 ", a radius of 1,047.14 feet, a tangent length of 84.71 feet and a chord bearing and distance of South 85 °20'50" East, 168.86 feet; THENCE southeasterly, along the arc of said curve to the left, a distance of 169.04 feet to a 1/2 inch iron rod set for comer; THENC£ South 89'58'19" East, a distance of 790.76 feet to a 1/2 inch iron rod set for corner, THENCE South 00 °01'41" West, a distance of 22.77 feet to a 112 inch iron rod set for comer, said point being in the north fight-of-way line of said Dove Road-, THENCE South 89 047156" West, along said north right -of -way line, a distance of 884.24 feet to the PONT OF BEGINNING and CONTAINING 24,383 square feet or 0.560 acres of land, more or less. n. CHARLES F STARK .. 5084 �,:Q . �9,jp�F &sto 0 1': ISOUT HLAKETF M1938_10- 24- 0- 5\LEGA1S \COWcstlake Right OfN'ay_03-09- 06.aoc PARCEL NO. 70 —R OW —: 6 2 EXHIBIT "B" S--_ RIGHT -OF -WAY p OINT,o�aRI4e�F OUT OF THE ARCFC BFI R o, w � 1/� WILLIAM PEA SURVEY, ABST: NO. 1045 No. /10 NNJN�� DENTON COUNTY, TEXAS WILLIAM PEA SURVEY, ASST. NO. 1246 '�"� W. MEDLIN SURVEY, ABST. NO. 1958 2ja4 °'O\`. C.M. THROOP SURVEY, ABST. NO. 1510 A, i > a N 26 12 50 E a cs1 594.91' cc CAPITAL _`� C m �' ,_ /4 m �u m to CHARLES MEDLIN SURVEY o =_;� + _ Col- ABSTRACT N0. 1084 PARKWAY mho '✓ ti CDUNTY LIN= pa - ✓w (n 1165' A.O.W.] . MARKER o WM. PEA SURVEY APPRpF. DENTGN DWCrY LINE m e ABSTRACT N0. 1246 APPAD% TAPReNT CCW T LINE m x 4 1 _ 'd _ _ SET 112' I.R. -- - ------------- --- ------ -4 5.44 ' 53 rs L S 5 " E /l- _FHC o ix sEr i /z^ 190.40' x f ,t! —SURVEY LINE JON 5J' obi SET 1/2" MER�I ..t�f ,x.. +z •,� � p N 9 >� A N SURVEY LINE — — • f' . •. ��rt �..: ' "T. �`` . C -15 3 ¢. •mil !Jr_ O ' I° E > ° 0 109.52' . h�o/ N ul w cr) U' �:I �aK'y 0v O' z �-i x e F.D. 5 /6' r.P. `' _ .0 SET 1 /2' i.R. z z ¢ Y' C -9 ,PPS �t JQ Flo In W r-7 = U Q Z `w SE 1/2" I.R. t/ U N d " o; J,. SET 1/2- I.R. 75 m m i o _ C -10 111 > C -14 G - SET 1/2" 1, A, ;I e SET S 35.31'32" W 1/2• MAGUIRE PARTNERS — SOLANA 0�o I.R. 138.73' LIMITED PARTNERSHIP e VOL.13290, PG.09 xi PROP. PRECINCT T LINE ROA w i (165' R.O.W.I 4 Q� T•b1...��'il SCI^ PARCEL N0. 70-ROW-1 �FjgRLES F. STARK 592,027 SO.FT. /13.591 AC. ••• ^" ' . 3 O`` 9- 5084 n q s Graham Associates.lnc. 0 100 200 400 CMLLTM ENGINEERS 6 PLANNERS 600 SIX FLAGS DRIVE. SUITE 5D0 SCALE: 1" =200' ARLINGTON, TEXAS 76011 (817) 640 -8535 PROJECT NO.:998 -1014 SHEET 1 OF 4 DATE: MARCH, 2006 D. PROJECTS. SOUTHLAKE .FM1938.PARCELS.P70ROWIA GA ED LIRE FE'N� TARRANT COUNTY, TEXAS PARCEL 70-ROW-1 FYO. T;DpT GRASS CAP ru Fg21445; -_ i J ' ak 592,027 (+ SO. FT. OR 13.591 AC . FND. 5/8' I.R. T'sSCPoO WICAP IMUITT ZCLLARS) PARCEL 70 -ROW .3 L -3t�2 -2 N 18. 29'01' E i FND. TXGDT ; 24, 383 SO. FT. OR 0.560 AC. 335.03' • v BRASS CAP .- IDESTRDYEDI Om N o IO FMR TEXAS LIMITED PARTNERSHIP rn N O m > VOL.14146. PG.361 m ^ Lu v° � N O.R.T.C.T 07 co H H f= a~ In -� y FND. 5/8' I.A. aF W /CAP J fn U z J Op I--I Z y JY' SET 1/2' 1. Fl. aaz� - ° a'I t�4 �O C -16 w Q cr w Cr m¢ - a ^ a N r✓� PARCEL NO. 70 -ROW -1 I!1 p a o Lu 592, 201 SG.FT./13.595 AC. m O O� Q P > a N 26 12 50 E a cs1 594.91' cc CAPITAL _`� C m �' ,_ /4 m �u m to CHARLES MEDLIN SURVEY o =_;� + _ Col- ABSTRACT N0. 1084 PARKWAY mho '✓ ti CDUNTY LIN= pa - ✓w (n 1165' A.O.W.] . MARKER o WM. PEA SURVEY APPRpF. DENTGN DWCrY LINE m e ABSTRACT N0. 1246 APPAD% TAPReNT CCW T LINE m x 4 1 _ 'd _ _ SET 112' I.R. -- - ------------- --- ------ -4 5.44 ' 53 rs L S 5 " E /l- _FHC o ix sEr i /z^ 190.40' x f ,t! —SURVEY LINE JON 5J' obi SET 1/2" MER�I ..t�f ,x.. +z •,� � p N 9 >� A N SURVEY LINE — — • f' . •. ��rt �..: ' "T. �`` . C -15 3 ¢. •mil !Jr_ O ' I° E > ° 0 109.52' . h�o/ N ul w cr) U' �:I �aK'y 0v O' z �-i x e F.D. 5 /6' r.P. `' _ .0 SET 1 /2' i.R. z z ¢ Y' C -9 ,PPS �t JQ Flo In W r-7 = U Q Z `w SE 1/2" I.R. t/ U N d " o; J,. SET 1/2- I.R. 75 m m i o _ C -10 111 > C -14 G - SET 1/2" 1, A, ;I e SET S 35.31'32" W 1/2• MAGUIRE PARTNERS — SOLANA 0�o I.R. 138.73' LIMITED PARTNERSHIP e VOL.13290, PG.09 xi PROP. PRECINCT T LINE ROA w i (165' R.O.W.I 4 Q� T•b1...��'il SCI^ PARCEL N0. 70-ROW-1 �FjgRLES F. STARK 592,027 SO.FT. /13.591 AC. ••• ^" ' . 3 O`` 9- 5084 n q s Graham Associates.lnc. 0 100 200 400 CMLLTM ENGINEERS 6 PLANNERS 600 SIX FLAGS DRIVE. SUITE 5D0 SCALE: 1" =200' ARLINGTON, TEXAS 76011 (817) 640 -8535 PROJECT NO.:998 -1014 SHEET 1 OF 4 DATE: MARCH, 2006 D. PROJECTS. SOUTHLAKE .FM1938.PARCELS.P70ROWIA A O� ti { C -2 MAGUIRE PARTNERS - SOLANA LIMITED PARTNERSHIP C -6 R SET 1/2' I. . g VOL .13290. 13290, PG . 09 DRTCT tir ti0 ...., QS�Pti`' a o S 10'01'34" E SET 1/2' I.R. 132.24' N 07.39'29' W p0� 2.51' SET 112" I.R. SET 1,2' I.R. '. KIRKWOOD BOULEVARD (VARIABLE WIDTH R.O.W.) t ' 3 C -3 FNO. BRASS CAP =8 NO. A) a* S 53'03'09' E C -7 I �d... SET %32.60' 1/2' / PARCEL NO. 70 -ROW -1 S 'i SET 592, 027 SO-FT./13.591 AC. " 112' FND. 5 /B' I.q_ K /CAP MITT ZOLARS) SET 1/2'`I ,R P :g 00'32 53" E 00 N 52'25'39" W 238.54' 230.44' MAGUIRE PARTNERS - SOLANA SET 1/2' I.R. LIMITED PARTNERSHIP VOL.13290, PG.09 C -6 D.R.T.C.T. PARCEL NO. 70 -ROW -1 & 2 EXHIBIT "B" RIGHT -OF -WAY OUT OF THE WILLIAM PEA SURVEY, ASST. NO. 1045 DENTON COUNTY, TEXAS WILLIAM PEA SURVEY, ASST: NO. 1246 W. MEDLIN SURVEY, ABST. NO. 1958 C.M. THROOP SURVEY, ABST. NO. 1510 TARRANT COUNTY, TEXAS PARCEL 70 -ROW -1 592,027 SO. FT. OR 13.591 AC. PARCEL 70 -ROW -2 24,383 SO. FT. OR 0.550 AC. Graham Associates.ha COO -LTM a UEEFs s RANNEgs 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640 -8535 PROJECT NO.:998 -1014 SHEET 2 OF 4 D.PRC N N 0 100 200 400 SCALE.I" =200' DATE: MARCH, 2006 SOUTHLAKE .FM1938.PARCELS.P70ROW1B • _ • � 5/8' w X' 1 I.P. z IP I- 0 ¢ Q a n N 00'43'06" W o 289.94' w IC F SET 112' I.R. Fz m ¢ a u1 J ' I mX a 0 w > F- > I w w ¢ Ln uI — 0 Z z — "� C M___ In z co C w a ccH � cc w z m CD 1- ¢Q a a CL a � O U W U Q H ¢ Q ¢ J O (n J Q 0 X > W cl M LL MANHOLED ITYPE MANI TOP - 562.93 - N 00'41'24' W 394.37' X;' EXISTING VARIABLE WIDTH R.O.W. m S 00'24'59" E 1301.49' X a H m x 0 Ir Ir nwco� cvaza X C W ¢ O F Q fl- l< 0- F -o ¢ ¢ I I' ( ¢ E o LL w o H J H� > NANHOLE (TYPE IPKNONN) 3 to LL7 Ec a n� U Z 0 w 0 3 O rr/'� Q 1._L LL, IC1 n J CL. PARCEL NO. 70 -ROW -1 6 2 EXHIBIT "B" RIGHT —OF —WAY OUT OF THE WILLIAM PEA SURVEY, ASST. NO. 1045 DENTON COUNTY, TEXAS WILLIAM PEA SURVEY. ABST. NO. 1246 W. MEDLIN SURVEY, ABST, NO. 1958 C.M. THROOP SURVEY, ABST. NO. 1510 TARRANT COUNTY, TEXAS PARCEL 70 -ROW -1 592,027 SO. FT. OR 13.591 AC. PARCEL 70 -ROW -2 24,383 SO. FT. OR 0.560 AC . PARCEL NO. 70 -ROW -1 592.027 SG.FT./13.591 AC. MAGUIRE PARTNERS - SOLANA LIMITED PARTNERSHIP VOL.13290, PG.09 D.R.T.C.T o °ea° F0 a PARCEL NO. 70 -ROW -2 24,383 SG.FT. /0.560 AC. PROPOSED U w SET 1,2- I.R.DOVE ROAD L -8 (106' R.O.W.) SET 112" I.R. L 18 S 89'58'19' E CHAIRLES F. STARK :::r 5084 ..P�Q . 3 EXISTING v - VARIABLE WIDTH R.O.W. ° cu SET ' 1/2'� I.R. U) '1 1 " - --- - -- --- - --- - -- -- - --- ' - , - - - - - -- AIL FENCE • l�- FENCE S 89'47'56" W POINT OF BEGINNING 884.24' PARCEL NO. 70 -ROW -2 POLYGON ENTERPRISES. INC. i VOL.9339, PG.1071 [nn Graham ASSOCIa tes.ii c. D . R . T . C . T 0 100 200 400 CMULTM ENGNEERS s PLANJHiS I ■M1 600 SIX FLAGS DRIVE. SUITE 500 SCALE-.1"=2004 ARLINGTON, TEXAS 76011 (817) 640 -8535 PROJECT NO.: 998 -1014 SHEET. 3 OF 4 DATE: MARCH, 2006 D. PROJECTS. SOUTHLAKE .FM1938.PARCELS.P70ROWir MFTFR R RCN 1NI1R NO. DELTA RADIUS TANGENT LENGTH CHORD BEARING DISTANCE L -1 S 71 °36'24" E 60.00' L -2 N 18 °23'35" E 30.00' L -3 N 59 °33'33" E 17.82' C -1 16 °09'57" 1432.50' 203.44' 404.18' S 26 °28'54" W 402.64' L -4 S 09 °29'56" E 21.47' C -2 45 °43'19" 708.00" 298.50" 564.98' S 32 °53'14" E 550.11' C -3 24 °06'47" 812.00 173.43' 341.73' IS 22 °04'58" E 339.22' C -4 18 °54'48" 612.00' 101.94' 202.02' S 43 °35'45" E 201.11' C -5 09 °12'56" 1426.00' 115.09' 229.68' S 48 °26'41" E 229.43' C -6 19 °16'38" 400.00' 67.93' 134.58' N 42 °47'20" W 133.95' C -7 44 °46'10" 932.50" 384.06' 728.63' N 30 °02'34" W 710.24' C -8 46 °49'00" 735.60' 318.45' 601.06' N 31 003'58" W 584.48' L -5 N 54 °28'28" W 123.21' L -6 S 80 °31'32" W 21.21' C -9 06 °53'00" 1 255.50' 15.37' 30.70" S 38 °58'02" W 30.68' L -7 I S 42 °24'32" W 1 59.53' C -10 06 °53'00 ". 419.50' 25.23' 50:40' S 38 °58'02" W 50.37' C -11 35 °56'31" 1267.50' 411.13' 795.11' IS 17'33'16" W 782.14' C -12 08 °26'23° 1782.50' 131.52' 262.56' IS 03'48'12" W 262.33' C -13 35'15'15" 154.36' 49.05' 94.99' N 18'04'35 " - W 93.50' C -14 43'29'49" 1050.00" 418.88' 797.12' N 22'25'25" E 778.12' C -15 15'56'57" 1050.00' 147.09' 292.28' N 36'12'08" E 291.34' C -16 09 °44'52' 1050.00' 89.53' 178.64' N 23'20'24" E 178.42' C -17 45'28'17' 154.38' 64.69'1122.52 N 67'27'50" W 119.33' L -8 I S 80'43'21" E 35.87' C -18 09'14'58" 1047.14' 1 84.71" 169.04' IS 85'20'50" E 168.86' PARCEL N0: 70 -ROW -1 S 2 EXHIBIT "B" RIGHT -OF -WAY OUT OF THE WILIAM PEA SURVEY. ABST. NO. 1045 DENTON COUNTY, TEXAS WILIAM PEA SURVEY, ABST_ NO. 1246 W. MEDLIN SURVEY, ABST. NO. 1958 C.M. THROOP SURVEY, ABST: NO. 1510 TARRANT COUNTY, TEXAS PARCEL NO. 70 -ROW -1 592,027 SO. FT. OR 13.591 PARCEL NO. 70 -ROW -2 24,383 SO. FT. OR 0.560 Graham Associates.Inc. CONSULTM B4GNEEM s PLAN"3s 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640 -8535 PROJECT NO.:998 -1014 SHEET 4 OF 4 0. PR AC. AC. CHARLES F. STARK �S.s�,O Q, DATE: MARCH, 2006 UTHLAKE.FM1938_PARCFIS P6Rnwir TOWN OF WESTLAKE, TEXAS MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN SPECIAL MEETING FEBRUARY 23, 2008 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding, and Pete Steger. ABSENT: Alderman Bob Timmerman STAFF PRESENT: Town Manager Joe Hennig and Town Secretary Kim Sutter. 1. CALL TO ORDER. Mayor Bradley called the meeting to order at 8:30 a.m. 2. EXECUTIVE SESSION. Mayor Bradley recessed the regular session of the Town of Westlake Board of Aldermen meeting at 8:31 a.m., as he read the following item to be discussed in executive session: The Board will conduct a closed session under Texas Government Code section 551.074 to discuss personnel matters, specifically to deliberate regarding the appointment of a Town Manager. 3. RECONVENE MEETING. Mayor Bradley convened the executive session at 8:32 a.m. The executive session adjourned at 4:45 p.m. 4. EXECUTIVE SESSION ACTION. No action was taken. Town of Westlake Board of Aldermen Special Meeting February 23, 2008 5. ADJOURNMENT. Page 2 of 2 There being no further business to come before the Board, Mayor Bradley declared the meeting adjourned at 4:46 p.m. APPROVED BY THE BOARD OF ALDERMEN ON MARCH 10, 2008. Scott Bradley, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN SPECIAL MEETING FEBRUARY 23, 2008 PRESENT: Mayor Scott Bradley and Aldermen Kevin Maynard, Don Redding, and Pete Steger. ABSENT: Aldermen Larry Corson and Bob Timmerman. OTHERS PRESENT: Interim Town Manager Joe Hennig and Town Secretary Kim Sutter. 1. CALL TO ORDER. Mayor Bradley called the meeting to order at 5:00 p.m. 2. THE BOARD WILL HOST A RECEPTION FOR ALL TOWN MANAGER CANDIDATES. The Board hosted a reception for the candidates for the Town Manager position. 3. ADJOURNMENT. There being no further business to come before the Board, Mayor Bradley adjourned the meeting at 6:00 p.m. APPROVED BY THE BOARD OF ALDERMEN ON MARCH 10, 2008. Scott Bradley, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary TOWN OF WESTLAKE, TEXAS MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN PRE -BOARD MEETING February 25, 2008 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding, Pete Steger, and Bob Timmerman. ABSENT: None. STAFF PRESENT: Town Manager Joe Hennig, Town Secretary Kim Sutter, DPS Director Don Wilson, Facilities and Recreation Director Troy Meyer, and Finance Director Debbie Piper. 1. CALL TO ORDER. Mayor Bradley called the pre -board meeting to order at 4:05 p.m. 2. HEAR AND DISCUSS REPORT FROM TOWN STAFF CONCERNING THE I.O.O.F. CEMETERY IN WESTLAKE. Facilities and Recreation Director Meyer advised the Board that with the transfer of the cemetery to the Town, the Town also received an estimated $62,0 00 that had accumulated from the sale of lots. Mr. Meyer added that $10,000 has been allocated in the 2007 -2008 budget for the purpose of developing a master plan for the cemetery. Mr. Meyer stated that Town staff has visited with the City of Grand Prairie to better understand the operations of a municipally owned cemetery, and advised that it is his recommendation that the budgeted funds be allocated for the following: 1) Scan cemetery grounds to identify unmarked gravesites; 2) Hire a surveyor to survey the cemetery to assist with the location of lots; and 3) Purchase cemetery management software to assist with identifying the location of lots and track the sale of lots. Town of Westlake Board of Aldermen page 2 of 3 Pre -Board Meeting February 25, 2008 Mr. Meyer advised that the estimated cost of these three (3) items is $10,500. Board discussion ensued with regard to developing policies for the cemetery, including a `green' cemetery, the possibility of allocating public or open space for a park, the possibility of integrating the trail system, and marketing of the cemetery, Interim Town Manager Hennig stated that staff will proceed with the recommendation presented as presented. Mr. Hennig further advised that additional funds will be allocated in the next fiscal year budget for the purpose of developing a cemetery master plan. 5. DISCUSS POSSIBLE ORDINANCE CONCERNING CELL PHONE USE IN A SCHOOL ZONE. Interim Town Manager Hennig advised that this item is being brought forward at the request of Alderman Corson. Mr. Hennig introduced Keller Police Chief Mark Hafner to discuss the item with the Board. Chief Mark Hafner discussed the content of ordinances adopted by other cities, and expressed his concern regarding the enforcement of such an ordinance. Chief Hafner advised the Board that the police department has no records of violations or accidents in the Westlake school zone. Board discussion ensued with regard to promoting community awareness by reminding drivers of the school policy regarding the use of cell phones on campus. It was the consensus of the Board to direct staff to work with the Head of School to post "safety reminder' signs on the campus, such as Please re_fi-ain from cell phone use while in a moving vehicle, and Buckle your- Seatbelt. 3. DISCUSS MASTER TRAIL PLAN. Facilities and Recreation Director Meyer advised the Board that the current Master Trail Plan was adopted in March 1999, and recommended the Board consider authorizing an update to the plan. Discussion ensued with regard to the need for a master trail plan to integrate existing plans of neighboring businesses and cities. Alderman Timmerman inquired if a temporary plan was considered to address safety issues related to motor vehicle traffic and bicycle and pedestrian traffic. Facilities and Recreation Director Meyer responded that a temporary solution would be difficult as the thoroughfares are lined with bar ditches. It was the consensus of the Board to seek expert advice regarding a master trail plan system. Town of Westlake Board of Aldermen Pre -Board Meeting February 25, 2008 page 3 of 3 Interim Town Manager Hennig advised the Board that staff will bring a proposal to the Board for consideration. 4. DISCUSS TOWN / ACADEMY COMMUNITY SURVEY. Interim Town Manager Hennig updated the Board concerning discussions he and the Head of School have had with a company to conduct a survey. Mr. Hennig advised the Board that the estimated cost to conduct a phone based survey on behalf of the Town is $12,500, and includes interviewing 400 households. Mr. Hennig advised that the cost and scope to conduct phone based interviews of 400 Westlake Academy families would be an additional $12,500. Alderman Corson inquired if the Town has received proposals from other companies. Head of School Brizuela responded that a proposal was received from Lawson and Associates in December 2007. Aldermen Timmerman advised that he would like to review more estimates as he feels the cost provided seems excessive. Alderman Steger recommended staff contact a local university to determine if they would be interested in conducting a survey on behalf of the Town and the Academy. 6. REVIEW OF REGULAR AGENDA ITEMS. This item was not discussed. 7. ADJOURNMENT. There being no further business to come before the Board, Mayor Bradley declared the pre - board meeting adjourned at 5:06 p.m. APPROVED BY THE BOARD OF ALDERMEN ON MARCH 10, 2008. Scott Bradley, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN REGULAR MEETING February 25, 2008 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding, Pete Steger, and Bob Timmerman. ABSENT: None. OTHERS PRESENT: Interim Town Manager Joe Hennig, Town Attorney Stan Lowry, Town Secretary Kim Sutter, DPS Director Don Wilson, Facilities and Recreation Director Troy Meyer, and Finance Director Debbie Piper, and Executive Assistant Ginger Awtry. 1. CALL TO ORDER. Mayor Bradley called the meeting to order at 7:00 p.m. 2. CITIZENS' PRESENTATIONS. Mr. Stephen Thornton. 13187 Thornton Drive, presented his "Gas Lease Proposal for Stagecoach Farm ". Mayor Bradley advised that the Board is currently reviewing the current gas well drilling ordinance. 3. HEAR A REPORT FROM THE TEXAS STUDENT HOUSING AUTHORITY PRESIDENT. Mayor Bradley introduced Mr. Henry C. Smyth, President of the Texas Student Housing Authority (TSHA), and advised that the following TSHA Directors were present: Chairman Jim Carter and Director George Ledak. Mr. Henry C. Smyth, President of the Texas Student Housing Authority, an instrumentally of the Town of Westlake, reviewed the current and past activities of the Authority. Town of Westlake Board of Aldermen Regular Meeting February 25, 2008 Page 2 of 5 Mr. Smyth responded to questions from the Board regarding the technical default status of bonds on three (3) of the five (5) properties. 4. HEAR A REPORT FROM THE WESTLAKE ACADEMY FOUNDATION PRESIDENT. Ms. Laura Wheat, Vice -chair and Chair of the Capital Campaign Committee for the Westlake Academy Foundation updated the Board on the success of the Gallery Night event. Ms. Wheat reported that a formal report will be provided to the Board once the numbers are finalized; however, preliminary reports indicate that sponsorships were doubled over last years event. Ms. Wheat further reported that pledges in the amount of $210,000 are due this year for the construction of the Arts and Sciences Center. 5. HEAR A REPORT FROM THE WESTLAKE PUBLIC ART COMMITTEE CHAIRPERSON. Ms. Michelle Corson, Chair of the Public Art Committee, addressed the Board regarding the activities of the Public Art Committee and expressed her appreciation to the Board for funding the 2007 Holiday Ornament project. 6. CONSIDER A RESOLUTION CHANGING THE NAME OF THE WESTLAKE PUBLIC ART COMMITTEE; INCREASING THE MEMBERSHIP OF THE BOARD; AND APPOINTING ADDITIONAL MEMBERS AND DEFINING TERMS OF SERVICE. Ms. Michelle Corson, Chair of the, Public Art Committee addressed the board regarding proposed changes to the committee as outlined in the resolution. MOTION: Alderman Timmerman made a motion to approve Resolution No. 08 -12, as presented. Alderman Steger seconded the motion. The motion carried by a vote of 5 -0. 7. HEAR THE YEARLY SERVICE AND ACTIVITY REPORT FOR POLICE SERVICES BY CHIEF MARK HAFNER OF THE KELLER POLICE DEPARTMENT. Keller Police Chief Mark Hafner presented the Board the yearly service and activity report for police services for the Town for the year ending December 31, 2007. 8. CONSIDER A RESOLUTION ACCEPTING THE RACIAL PROFILING REPORT AS PREPARED BY THE CITY OF KELLER POLICE DEPARTMENT. Keller Police Chief Mark Hafner presented the Board the racial profiling report as prepared by the Keller Police Department, the Town's contracting law enforcement agency. Chief Town of Westlake Board of Aldermen Regular Meeting February 25, 2008 Page 3 of 5 Hafner reported that no significant over representation of issuing citations to any particular race is readily apparent and the issuance appears to be consistent with the current racial demographics for the Dallas / Ft. Worth Metroplex. MOTION: Mayor Pro Tem Redding made a motion to approve Resolution No. 08 -13, accepting the racial profiling report as presented. Alderman Corson seconded the motion. The motion carried by a vote of 5 -0. 9. CONSIDER A RESOLUTION APPROVING AMENDMENTS AND ADDITIONS TO THE TOWN OF WESTLAKE PERSONNEL MANUAL. Director of Administrative Services Todd Wood addressed the Board regarding the item, and advised the Board of two policy additions: 1) Family Medical Leave Act (FMLA) and 2) a Community Sick Leave Bank, as well as changes made for clarification purposes. MOTION: Alderman Steger made a motion to approve Resolution No. 08 -14, approving amendments and additions to the Town of Westlake Personnel Manual. Mayor Pro Tem Redding seconded the motion. The motion carried by a vote of 5 -0. 10. HEAR A REPORT FROM TOWN STAFF AND TAKE NECESSARY ACTION REGARDING THE BID PROCESS FOR THE UTILITY RELOCATION NECESSARY FOR THE WESTLAKE ARTS AND SCIENCES CENTER. Facilities and Recreation Director Troy Meyer addressed the Board regarding the item. He advised the Board that the cost to relocate the utilities is significantly more than the budgeted amount. Mr. Meyer explained that the estimate provided by the architect in 2007 was based on conceptual drawings and a proposed building location. Mr. Meyer stated that the location of the building has been chosen and a more accurate cost estimate is now available. Mr. Meyer advised the Board that the current estimated cost is $192,000, and is necessary to provide adequate utilities to accommodate future expansions on the civic campus. Mayor Bradley inquired as to when the construction manager at risk contractor will be selected. Facilities and Recreation Director Meyer advised that an item will be placed before the Board at the second meeting in April to approve an agreement with a contractor. Discussion ensued with regard to the acquisition of easements from Hillwood, and the construction cost estimates. Alderman Corson asked if staff was confident that the building and could be completed at the authorized costs of $3.5 or $5.5 million, respectfully. Town of Westlake Board of Aldermen Regular Meeting February 25, 2008 Page 4 of 5 Interim Town Manager Hennig advised that he is still of the opinion that it is possible to stay within the authorized amount. Alderman Timmerman inquired as to when the availability of the additional pledges for 2008 would be available. Ms. Laura Wheat, representing the Westlake Academy Foundation, advised that $50,000 will be made available at the building groundbreaking and the remainder ($150,000) is technically due December 31, 2009. MOTION: Mayor Pro Tern Redding made a motion to authorize proceeding with the bid process for the utility relocation necessary for the construction of the Arts and Sciences Center building. Alderman Maynard seconded the motion. The motion carried by a vote of 5 -0. 11. HEAR A STATUS REPORT ON CONSTRUCTION OF ARTS AND SCIENCES CENTER BUILDING. Interim Town Manager Hennig advised the Board that staff expects to begin to evaluate contractors for the project by March 20, 2008. 12. CONSENT AGENDA. Mayor Bradley introduced the item and asked for a motion. A. Review and approve minutes of the Board of Aldermen pre -board and regular meetings held on February 11, 2008. B. Review and approve any outstanding bills. MOTION: Alderman Corson made a motion to approve the consent agenda as presented. Alderman Timmerman seconded the motion. The motion carried by a vote of 5 -0. 13. EXECUTIVE SESSION Mayor Bradley recessed the regular meeting of the Board of Aldermen meeting at 8:46 p.m., as he read the following item to be discussed in executive session: A. The Board will conduct a closed session under Texas Government Code section 551.074 to discuss personnel matters, specifically to deliberate regarding the appointment of a Town Manager. Mayor Bradley convened the executive session at 8:48 p.m. The executive session adjourned at 8:58 p.m. Town of Westlake Board of Aldermen Regular Meeting February 25, 2008 14. RECONVENE MEETING. Page 5 of 5 Mayor Bradley reconvened the regular meeting of the Board of Aldermen at 9:00 p.m. 15. EXECUTIVE SESSION ACTION. No action was taken. 17. ADJOURNMENT. There being no further business, Mayor Bradley adjourned the meeting at 9:01 p.m. APPROVED BY THE BOARD OF ALDERMEN ON MARCH 10, 2008. Scott Bradley, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary TOWN OF WESTLAKE Invoices Received: 02/18/08 thru 03/02/08 For Review by Board on 03/10/08 WENDOR Akin/Gump 1166846 276.00 100 43325 11 DESCRIPTION Legislative Fees: 01/29/08 Review Interim studies for .60 hrs Banc of America 010129572 257.61 100 44302 11 100% Copier Lease DP3520 Admin City Florist 03012008 300.00 100 46190 11 Funeral Arrangements for: Grable, Fanning & Moon Federal Express 2- 549 -94026 27.94 100 46120 11 Shippinq Costs Kim Sutter CR022308 139.33 100 46106 11 Hospitality items for 01/23/08 Board of Alderman meeting Kim Sutter CR022308 34.46 100 46106 11 Hospitality items for 01/25/08 Alderman & Trustees Meeting Maguire Partners 202 03012008 250.21 100 46220 11 Utilities - Town 50% allocation Maguire Partners 202 03012008 5,140.56 100 44110 11 Rent - Town 50% allocation Maguire Partners 207 03012008 13.34 100 46220 11 Utilities - Town Secreta 3.67% Based on s . footage) Maguire Partners 207 03012008 249.86 100 44410 11 Rent - Town Secretary 3.67% Based on s . footage) Maguire Partners 207 03012008 324.57 100 46220 11 Utilities - Court 89.34% Based on s . footage) Maguire Partners 207 03012008 6,078.20 100 44110 11 Rent - Court 89.34% Based on s . footage) Metro port Cities Partnership 02122008 400.00 100 46115 11 Annual Dues Office Depot 419533081 -001 60.16 100 46105 11 2 cases of copy paper Office Depot 419798151 -001 12.04 100 46106 11 Hospitality items: candy mix Office Depot 419859751 -001 119.69 100 46105 11 Laser et cartridge for printer Office Depot 421096945 -001 62.09 100 46105 11 Toner for fax machine '4 Texas Resort CRO13108 3,100.00 100 22760 0 Duct Bank Reimbursements for 2202 Vaquero Club Drive WB Texas Resort CR022908 3,100.00 100 22760 0 Duct Bank Reimbursements for 1509 Post Oak Place XACT 128329 27.50 100 46125 11 Printing of Business Cards for Ginger Awtry Total Administration 19,973.56 Office Depot 419514511 -001 12.58 100 46105 12 2 sets of index dividers Reprographics 400894 21.73 100 46125 12 Digital bond - printing plans 5 sets Total Building 34.31 Texas Municipal Clerks 02182008 31.50 100 46615 13 2007 -08 Supplement TX Municipal Law & Procedure Manual, 5th Ed. Total Town Secretary 31.50 Atmos Energy 001812280 02182008 26.78 100 46225 14 Fire Station Gas Service Bank of the West 02202008 165.00 100 46215 14 Windshield replace C485 2004 Chevy Tahoe Bank of the West 02202008 279.75 100 44213 14 High rise pack w/strap & Firefighter equipment ack Bank of the West 02202008 59.99 100 46610 14 Gun cleaning kit BoundTree Medical 80066502 111.71 100 46615 14 Medical Supplies: Carbon dioxide & Clipper rechargeable BoundTree Medical 80067506 381.73 100 46615 14 Medical Supplies: Laryngoscope blades ie Depot 6100088 314.10 100 44212 14 Dishwasher Page 1 of 4 3/5/2008 9:47 AM TOWN OF WESTLAKE Invoices Received: 02/18/08 thru 03/02/08 For Review by Board on 03/10/08 XENDOR NAME mtermedix INVOICE 02292008 AMOUNT 902.39 FUND 100 ACCT 43334 DEPT 14 DESCRIPTION EMS User Fee - February Total collected $7,520.04 Metro Fire 20718 -1 60.00 100 46215 14 BIV Valve seat kit Nortex Modular Space 20559 618.75 100 45325 14 Building Lease - Fire Station March 2008 Praes Accountability Sys. 640 199.60 100 46605 14 28/Angled Helmet plate plus freight Southeastern Emergency 231011 111.37 100 46615 14 Medical Supplies - valve re ulator Southeastern Emergency 231892 227.21 100 46615 14 Medical Supplies - heartstart onsite & toolkit & child airway trainer Steric le 0005255740 10.53 100 46615 14 Hazardous Waste Management Fee Stryker Sales Corp. 390698 M 152.25 100 46615 14 Lap belt, pull handle for footend kit plus shipping & handling Tx Comm of Fire Protection 03032008 10.00 100 46150 14 Certification fee: Tracey Ziolkowski (P/-F Fi refig hter /Paramedic) Tri -County Electric 131 -801 02222008 344.15 100 46220 14 Fire Station Electric Service Verizon Business Fios 53315417 59.95 100 45315 14 Fire Station Internet Line Total Fire Dept. 4,035.26 Bank of the West 02202008 29.53 100 j 46105 15 Wall Calendars Bank of the West 02202008 223.00 100 1 45325 15 Storage rent Galls 5923517801013 190.17 100 46170 15 Navy Jacket w/Title & Name & Navy Sweater: Marshal Crow Office Depot CM419506837 -001 34.37 100 46105 15 Credit for Invoice #419344571 -001 - 1 pkg of cash register roll 'nt Central 137199 1,419.53 100 46125 15 Citation books & instructions for citations Print Central 137807 458.00 100 46125 15 Letterhead, second sheets & envelopes Vickie Brown CR022708 750.00 100 43335 15 Contract labor - Court Total Court 3,035.86 Cross Roads 9309 238.50 100 44304 16 Si nPurchases: Stop signs, speed limit signs, no thru truck sign Home Depot 8024827 21.60 100 44304 16 Bag of concrete mix Tri -County Electric 150 -502 02222008 16.88 100 1 46220 16 ROW Irrigation Electric - Fair Oaks Drive Tri -County Electric 150 -503 02222008 16.78 100 46220 16 ROW Irrigation Electric - Dove Road Total Public Works 293.76 Bank of the West 02202008 24.87 100 46605 17 Coverall 50% Home Depot 2580358 166.89 100 44226 17 New saw & blades Home Depot 3023773 14.32 100 44212 17 Batteries and 3/4" bumper Home Depot 6021074 29.43 100 44212 17 Ti htner, rodent bait/trap Home Depot 9573252 6.47 100 44286 17 Faucet adapter & sna to Office Depot 420076222 -001 70.18 100 46105 17 2 receptacles/containers Texas Cemeteries Assoc. 02262008 100.00 100 46115 17 Texas Cemeteries Membership Fees J Facilities /Grounds 412.16 Page 2 of 4 3/5/2008 9:47 AM TOWN OF WESTLAKE Invoices Received: 02/18/08 thru 03/02/08 For Review by Board on 03/10/08 ,ENDOR NAME INVOICE • DESCRIPTION Bank of the West 02202008 63.50 100 46130 18 GASB 44 statistical information for CAFR Bank of the West 02202008 182.35 100 46105 18 Maintenance kit for printer Pattillo, Brown & Hill, LLP 45602 10,500.00 100 43250 18 GF - Interim bill for audit 70% Total Finance 10,745.85 Tri -County Electric 150 -506 02222008 37.01 100 46220 19 Park Electricity - 50% to GWF HOA - east side of park Tri -County Electric 595 -772 02222008 505.37 100 46220 19 Park Electricity - 50% to GWF HOA - center of park Total Parks /Recreation 542.38 Home Depot 5024629 43.98 199 13020 0 Soccer Fields - white chalk to mark the fields at the Academy Tri -County Electric 150 -505 -1 02202008 6,576.44 199 13020 0 Academy Electric Total Academy Fund 6,620.42 Judy Thomason CR030408 26.99 220 43505 11 Reimbursement for HP Ink Maguire Partners - suite 202 03012008 125.10 220 46220 11 Utilities - Visitor Fund 25% allocation Maguire Partners - suite 202 03012008 2,570.28 220 44110 11 Rent - Visitor Fund 25% allocation fce Depot 419859751 -001 87.30 220 43505 11 Binders, dividers, file expander, calculator, envelopes & calculator Pattillo, Brown & Hill, LLP 45602 2,250.00 220 43250 11 VA - Interim bill for audit 15% Due from Visitor Fund 5,059.67 Atlas Utility Supply 155433 49.75 500 44114 16 Clean out lids Bank of the West 02202008 24.87 500 46605 16 Coverall 50% Bank of the West 02202008 14.58 500 46605 16 Ter 12 pk Dept of State Hlth Svcs 02212008 30.00 500 44122 16 Lead & Copper/Drinking Copper/Drinking water testing Fort Worth Water Dept 01312008 13.736.85 500 44105 16 Water Volume Purchases Fort Worth Water Dept 01312008 50.00 500 44106 16 Water Service Charge Fort Worth Water Dept 01312008 17.612.18 500 44110 16 Water Peak Payment Great Southwest Meters 002227 150.00 500 44130 16 2" on site meter test HD Supply Waterworks 6787829 287.64 500 44112 16 Water Main Maintenance - Bonnet repair kit Home Depot 8024826 33.90 500 44226 16 Shovel. Level & hacksaw Infinite Services 2008 -1021 5,343.50 500 44123 16 Pump Station Repair & Maintenance (improvements) Jarrod Greenwood ER030408 64.99 500 45310 16 Mobile Phone: Invoice period 01/26/08 thru 02/25/08 Keller (City oD 02262008 25.01 500 44312 16 Keller Waste Water - acct 094 - 0000102 -000 Keller (City o 02262008A 61.80 500 44312 16 Keller Waste Water - acct 094 - 0000100 -000 uire Partners - suite 202 03012008 125.10 500 46220 16 Utilities - Utility Fund 25% allocation Page 3 of 4 3/5/2008 9:47 AM TOWN OF WESTLAKE Invoices Received: 02/18/08 thru 03/02/08 For Review by Board on 03/10/08 ,ENDOR NAME INVOICE • • ACCT DEPT DES Maguire Partners - suite 202 03012008 2,570.28 1 500 44110 16 1 Rent -Utility Fund 25% allocation Office Depot 420732450 -001 2.10 500 46105 16 Document frame Pattillo, Brown & Hill, LLP 45602 2,250.00 500 43250 16 OF - Interim bill for audit 15% Texas Student Housing Smallwood 421.00 500 11501 0 Deposited TSH check into OF bank acct. in error Tri -County Electric 800606413 02202008 15.45 500 46222 16 On -Line Meter Electric Service Due from Utility 42,869.00 Maguire Partners - suite 207 03012008 25.37 100 13100 0 Utilities- Texas Student Housing 6.98% Based on s . footage) Maguire Partners - suite 207 03012008 475.09 100 13100 0 Rent - Texas Student Housing 6.98% Based on s . footage) Due from TSH 500.46 GRAND TOTAL 94,154.19 Page 4 of 4 3/5/2008 9:47 AM