HomeMy WebLinkAbout04-27-09 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the
conclusion of the Town Council Workshop but not prior to the 7:00 p.m. posted start time.
TOWN OF WESTLAKE, TEXAS
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our rich culture and urban location.
Westlake, Texas – A Premier Knowledge Based Community
TOWN COUNCIL REGULAR MEETING
A G E N D A
APRIL 27, 2009
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE
MUNICIPAL COURT ROOM, SUITE 207
7:00 p.m.
1. CALL TO ORDER.
2. PLEDGE OF ALLEGIANCE.
3. MAYOR WHEAT TO ISSUE A SPECIAL PROCLAMATION DESIGNATING
MAY 4TH-10TH AS “PUBLIC SERVICE RECOGNITION WEEK”.
4. CITIZEN PRESENTATIONS: This is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The Council cannot by
law take action nor have any discussion or deliberations on any presentation made to the
Council at this time concerning an item not listed on the agenda. The Council will receive
the information, ask staff to review the matter, or an item may be noticed on a future
agenda for deliberation or action.
Town of Westlake Town Council Page 2 of 3
Regular Meeting Agenda
April 27, 2009
5. CONSENT AGENDA: All items listed below are considered routine by the Town
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Council 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 the Town Council Workshop and Regular meeting
held on April 13, 2009.
b. Consider a Resolution authorizing a contract with Henry Bros. Electronics, Inc. for
the install of access Control and surveillance systems for the Arts & Sciences Center.
6. CONSIDER AN ORDINANCE ADOPTING THE PROPOSED OIL AND GAS
DRILLING/PRODUCTION TECHNICAL STANDARDS FOR OIL AND GAS
DRILLING AND PRODUCTION IN WESTLAKE.
7. CONSIDER A RESOLUTION ESTABLISHING PERMITS AND FEES
RELATED TO THE ADMINISTRATION OF THE TOWN’S OIL AND GAS
DRILLING/PRODUCTION TECHNICAL STANDARDS.
8. CONDUCT PUBLIC HEARINGS AND CONSIDER APPROVAL OF PROPOSED
AMENDMENTS TO TOWN OF WESTLAKE ZONING ORDINANCES,
AMENDING THE LAND USE TABLES TO ALLOW GAS AND OIL DRILLING,
EXPLORATION, AND PRODUCTION USES IN ALL ZONING DISTRICTS
WITH AN APPROVED SPECIFIC USE PERMIT.
ZONING DISTRICTS AND THE ORDINANCES RELATED TO THOSE
DISTRICTS THAT ARE PROPOSED TO BE AMENDED ARE:
Case # Zoning Districts
A. Z-09-01 Straight zoning districts;
R-5, R-2, R-1, R-0.5, R-A, MF, LR, O, O-H, O-I, and GU.
B. Z-09-02 PD-1
C. Z-09-03 PD-2
D. Z-09-04 PD- 3-1
E. Z-09-05 PD- 3-3
F. Z-09-06 PD- 3-4A
G. Z-09-07 PD- 3-5A
H. Z-09-08 PD- 3-6
I. Z-09-09 PD- 3-7
J. Z-09-10 PD- 3-8
K. Z-09-11 PD- 3-9
L. Z-09-12 PD- 3-10
M. Z-09-13 PD- 3-11
N. Z-09-14 PD- 3-12
O. Z-09-15 PD- 4
Town of Westlake Town Council Page 3 of 3
Regular Meeting Agenda
April 27, 2009
9. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- NONE
10. COUNCIL CALENDAR.
- Early Voting begins
o April 27, 2009
- Summer Concert Series
o May 1, 2009, 12 noon, Solana Courtyard
- TML Legislative Status Report
o April 17, 2009, Austin
- General Election Day
o May 9, 2009
- Decoration Day
o Monday, May 25,2009, I.O.O.F. Cemetery
- TML Legislative Wrap-up
o June 26, 2009, Marriott Las Colinas, Irving
- TML Legislative Wrap-up
o June 29, 2009, Austin
11. 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, by Friday,
April 24, 2009, 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
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Todd Wood, Director of HR & Administrative Services
Subject: Regular Meeting of May 4, 2009
Date: May 4, 2009
ITEM
Mayor Wheat to issue a Special Proclamation designating May 4th-10th as “Public Service
Recognition Week”.
BACKGROUND
Public Service Recognition Week (PSRW), celebrated the first Monday through Sunday
in May since 1985, is a time set aside each year to honor the men and women who serve
America as federal, state and local government employees. Throughout the nation and
around the world, public employees use the week to educate citizens about the many
ways in which government serves the people and how government services make life
better for all of us.
This will be Westlake’s first observation of PSRW.
FUNDING
None
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS:
Special Proclamation
Town of Westlake
Proclamation
WHEREAS, Americans are served every day by public servants at the federal, state, county
and town levels, who supply continuity and stability to our democratic society; and
WHEREAS, the citizens and customers of Westlake deserve high quality, professional, and
responsive public services today and in the future; and
WHEREAS, public employees and volunteers make great contributions to their communities
by serving in areas such as health, education, crime prevention, fire protection, and conservation; and
WHEREAS, the public employees of the Town of Westlake and Westlake Academy are
committed to exhibiting the highest standards of excellence, dedication, creativity, and skills; and
WHEREAS, the dedicated volunteers of Westlake are an integral part of improving the quality
of life in our town by being responsive to the needs of citizens and supporting town services, thus
making Westlake a highly-valued, innovative and knowledge-based community; and
WHEREAS, the effectiveness and efficiency of government depend in large measure on public
employees and volunteers, whose task is to provide service of the quality and quantity required and
expected by the public on a daily basis; and
WHEREAS, the Town of Westlake and Westlake Academy recognizes the dedication and
talents of public employees and volunteers, as well as the importance of the services they render at all
levels of government;
NOW, THEREFORE, I, Laura Wheat, by the power vested in me as Mayor of Westlake, do hereby
proclaim the week of May 4-10, 2009, as:
Public Service Recognition Week
in Westlake, Texas and call upon all citizens to recognize and express their appreciation for the vital
contributions made daily by public employees and volunteers throughout the Town of Westlake.
IN WITNESS WHEREOF, I have hereunto set
my hand and caused the official seal of the Town
of Westlake, Texas to be affixed this 27th day of
April 2009.
___________________________________
Laura Wheat, Mayor
Town of
Westlake
Item # 4 – Citizen’s
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. The
Board will receive the
information, ask staff to review
the matter, or an item may be
noticed on a future agenda for
deliberation or action.
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL WORKSHOP
April 13, 2009
PRESENT: Mayor Laura Wheat and Council Members Larry Corson, Carol Langdon (arrived
at 5:02 p.m.), Don Redding and Rebecca Rollins.
ABSENT: Council Member Tim Brittan.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, DPS Director Don Wilson.
1. CALL TO ORDER.
Mayor Wheat called the workshop to order at 5:01 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM APRIL 13,
2009, COUNCIL REGULAR MEETING AGENDA.
Mayor Wheat introduced the item and opened the floor for questions related to the
consent agenda items from the April 13, 2009, regular meeting agenda.
There were no questions regarding the consent agenda items.
3. HEAR AND DISCUSS REPORT FROM WESTLAKE HISTORICAL
PRESERVATION SOCIETY PRESIDENT REGARDING ACTIVITIES OF THE
SOCIETY.
President Sharon Sanden, Westlake Historical Preservation Society, addressed the
Council regarding the item and presented the Council with a comprehensive written
report of the activities of the Board including goals and objectives, future goals and plans
for marketing the history book as well as a summary of revenues and expenditures.
Mrs. Sanden announced the upcoming Decoration Day event to be held on Memorial
Day and advised that Mrs. Teresa Walton is chairing the event this year. Additionally,
Mrs. Sanden expressed her appreciation to Mr. Tom Allen and Maguire Partners for
providing a temporary location for the Westlake Historical Museum.
Town of Westlake Town Council Page 2 of 4
Workshop Minutes
April 13, 2009
Discussion ensued regarding possible participation with local area historical societies,
presold books sales, marketing and storage of the books, and available funds to satisfy
the contract with Donning Company Publishers.
Mrs. Sanden advised the Council that a total of 61 books have been ordered, and of those
53 have been paid for.
Mrs. Sanden updated on the Council on the Decoration Day activities:
- Buddy Poppies
- Possibly a Civil War Theme
- Ice Cream Contest
- Hot Dogs
- Kiddie Parade with prizes
- Honor Veterans
- Market and sale the Westlake history book
Town Manager Brymer advised the Council that funding is available from the Visitor’s
Association Fund.
Mrs. Sanden presented a picture of the jacket of the history book and advised the Council
that a copy of the book jacket will accompany the special edition copies of the book,
which will have leather padded cover.
4. HEAR AND DISCUSS COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR) PRESENTED BY PATTILLO, BROWN & HILL, L.L.P. FOR FISCAL
YEAR ENDED SEPTEMBER 30, 2008.
Mr. Dale Snyder, Audit Manager with Pattillo Brown and Hill, L.L.P., presented the
annual audit report and offered to address any questions from the Board. Mr. Snyder
advised the Council that the Town’s financial statements present fairly, in all material
aspects and no material deficiencies or non-compliance issues were identified.
Ms. Alisa Vigil with Pattillo Brown and Hill L.L.P. was also present.
Discussion ensued regarding the decline in the issuance of building permits, the financial
position of the Texas Student Housing Authority and its entities and the affect on the
Town financial position.
Mr. Dale Snyder explained that as long as the Texas Student Housing Authority exist, it
will be discreetly mentioned in the Town’s audit. However, Mr. Snyder stated that he
did not believe the defaults would have an impact on the Town’s bond rating.
Town Manager Brymer advised the Council that an item has been placed on the regular
meeting agenda to accept the Audit report.
Town of Westlake Town Council Page 3 of 4
Workshop Minutes
April 13, 2009
5. PRESENTATION AND DISCUSSION OF THE WESTLAKE ACADEMY
FOUNDATION’S EFFORTS RELATED TO THEIR FUND RAISING EFFORTS
FOR WESTLAKE ACADEMY’S SAM AND MARGARET LEE ARTS AND
SCIENCES CENTER.
Mrs. Leah Rennhack, President of the Westlake Academy Foundation, addressed the
Council regarding the item. Mrs. Rennhack reviewed the funding analysis for the
construction of the building, and reported that the Capital Campaign Committee will
reorganize to raise the additional funds of $42,980. Additionally, Mrs. Rennhack
reported that the bulk of the outstanding pledges are expected to be received by 2010.
Mrs. Rennhack advised the Council that beam signing is planned and proposed that Mrs.
Lee be the first person to sign the steel beam once installed.
Discussion ensued regarding any potential cost savings, the construction schedule, and
future goals for the Foundation, encouraging matching donation by employers,
recognition of donors,
Mrs. Rennhack advised the Council that the Foundation plans to build an endowment for
legacy educators as well as continuing with the Black Smith Apprentice program.
Mayor Pro Tem Redding asked if any consideration have been given to increasing the
recommended donation per student.
Mrs. Rennhack responded that the Foundation is currently evaluating the recommended
donation per student.
Discussion ensued regarding State funding for Charter schools.
Mayor Wheat recommended discussions be held to define the Council’s expectations of
the Foundation and the role of the Foundation, and that all issues be discussed no matter
how sensitive.
Council Member Corson inquired as to the percentage of families that participate in the
Black Smith Apprentice program.
Mrs. Rennhack replied that although down slightly from the previous year, the
participation rate is slightly over over 75%.
In closing, the Council recognized the contributions of the Foundation as it relates to the
Academy.
6. FUTURE AGENDA ITEMS.
No items were presented for consideration.
Town of Westlake Town Council Page 4 of 4
Workshop Minutes
April 13, 2009
7. ADJOURNMENT.
There being no further business, Mayor Wheat adjourned the workshop at 6:52 p.m.
APPROVED BY THE TOWN COUNCIL ON APRIL 23, 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
_______________________________
Kim Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
April 13, 2009
PRESENT: Mayor Laura Wheat and Council Members Larry Corson, Carol Langdon, Don
Redding, and Rebecca Rollins.
ABSENT: Council Member Tim Brittan.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, Planning and Development Director
Eddie Edwards, and Public Works Superintendent Jarrod
Greenwood.
1. CALL TO ORDER.
Mayor Wheat called the meeting to order at 7:11 p.m.
2. PLEDGE OF ALLEGIANCE.
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. CITIZEN PRESENTATIONS.
There was no one present wishing to address the Council.
4. CONSENT AGENDA.
Mayor Wheat introduced the consent agenda and asked for a motion:
a. Review and approve minutes of the Town Council Workshop and Regular meeting
held on March 23, 2009.
b. Resolution No. 09-15 - Consider a Resolution authorizing the Mayor to execute a
joint elections contract with Tarrant County to conduct the May 9, 2009, General and
Local Option Election.
Town of Westlake Town Council Page 2 of 5
Regular Meeting Minutes
April 13, 2009
c. Resolution No. 09-16 - Consider a Resolution accepting the annual Comprehensive
Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P.,
Certified Public Accountants, for the fiscal year ended September 30, 2008.
d. Resolution No. 09-17 - Consider a Resolution opposing proposed HB 4441 which
would give all powers and authority to the Texas Railroad Commission to establish
standards regarding certain pipelines and appurtenant facilities, and removing local
governments from having any authority over these standards.
MOTION: Mayor Pro Tem Redding made a motion to approve the consent agenda as
presented. Council Member Langdon seconded the motion. The motion
carried by a vote of 4-0.
5. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING THE FOLLOWING CASES:
A) SITE PLAN; CASE NO. SP-09-01
B) PRELIMINARY PLAT; CASE NO. PP-09-01
BOTH APPLICATIONS LISTED ABOVE PERTAIN TO THE FOLLOWING
TRACTS OF LAND: approximately 107 acres of land in the Planned Development 3-
Planning Area 12 (PD 3-12) zoning district, generally located east of J. T. Ottinger Road
and north of Dove Road.
Town Manager Brymer introduced the item and provided a background on the cases. Mr.
Brymer advised the Council that the Planning and Zoning Commission conducted public
hearings on April 2, 2009, and recommended approval of the cases by a vote of 5-0, with
the following additional stipulations:
2. Access/Streets
Add: Western access point (from J.T. Ottinger Road) will be staffed OR
monitored 24 hours a day / 7 days a week to achieve the purpose of allowing
trucks to turnaround at the site.
8. Pedestrian Circulation/Trails/Open Space/Streetscaping
Add: In the event adjacent properties are final platted without providing for
continuation of the trail easement to J.T. Ottinger, the 25-foot dual use
easement will revert to a single use easement for telecommunications uses.
9. Lighting
Add: Construction and staging lighting area will comply with Town of
Westlake requirements to the extent as not to violate OSHA regulations.
Town of Westlake Town Council Page 3 of 5
Regular Meeting Minutes
April 13, 2009
12. Building Design/Screening Fence
Remove vertical and horizontal articulation requirements and add acceptable
as presented.
Delete requirement for solid masonry and add black vinyl coated chain link
fencing with evergreen is acceptable.
Town Manager Brymer described the Deloitte University project and presented
photographs of the proposed building material, architectural renderings of the structures
comprising the project, and site elevations. Mr. Brymer reviewed the staff
recommendation related to the proposed parking area, property access, trail, tree
mitigation, signage, building design/screening fence for the Data Center structure,
lighting plan, streetscape plan, and fencing requirements.
Mr. Steve Silverstein, Deloitte L.L.P., addressed the Council regarding the cases, and
advised the Council that the groundbreaking is expected to occur in the July/August
timeframe, with the doors opening in mid 2011.
The following individuals were present for the presentation:
- Mr. John Eisele, Partner, Deloitte
- Mr. Brad Blankenship, Senior Vice President, Jones Lang LaSalle
- Ms. Valle Hathaway, Senior Project Manager, Jones Lang LaSalle
- Mr. Kerry Moon, Project Manager, Deloitte Services, LLP
- Mr. Pete Chalfant, Architect, Gensler
- Mr. David Aldeready, Gensler
- Mr. Rob Ryder, Landscape Architect, SWA Group
- Mr. Adam Reeves, Jacobs Carter Burgess Engineering
- Ms. Melissa Norcross, Public Relations Manager, Deloitte Services, LLP
Mr. Pete Chalfant, Gensler, addressed the Council regarding the design choices for the
project and presented material samples to the Council.
Council Member Corson asked what the difference was with regard to stucco on a lathe
wall versus a concrete wall as it relates to the Town’s masonry requirement.
Planning and Development Director Edwards addressed the Council regarding the use of
stucco for the project.
Mr. Rob Ryder, SWA Group, addressed the Council regarding the landscape architecture
for the project and the selection of native plant material. Mr. Ryder also presented
examples of a ‘living fence’, which is proposed as screening for the data center.
Council Member Corson inquired about truck traffic on J.T. Ottinger Road.
Town of Westlake Town Council Page 4 of 5
Regular Meeting Minutes
April 13, 2009
Mr. Silverstein advised that Deloitte has had discussions with Benchmark (hospitality
services) and signage will be used advising of entering and exiting the property.
Mr. Adam Reeves, Jacobs Carter Burgess Engineering, addressed the Council regarding
the technical engineering related to the project.
Discussion ensued with regard to proper drainage to support the existing Post Oak trees,
and the type and number of athletic fields planned for the project.
Mr. Silverstein advised the Council that the property will be close to full capacity 51
weeks of the year, based on a five day business week.
Mayor Wheat opened the public hearings.
There being no others requesting to speaker, Mayor Wheat closed the public hearing and
asked for a motion.
MOTION: Council Member Corson made a motion to approve Resolution No. 09-18,
approving the site plan for PD 3-12 (Deloitte University). Mayor Pro Tem
Redding seconded the motion. The motion carried by a vote of 4-0.
MOTION: Mayor Pro Tem Redding made a motion to approve Resolution No. 09-
19, approving a preliminary plat for PD 3-12 (Deloitte University).
Council Member Langdon seconded the motion. The motion carried by a
vote of 4-0.
6. FUTURE AGENDA ITEMS.
No items were presented for consideration.
7. COUNCIL CALENDAR.
Mayor Wheat reviewed the council calendar.
- Early Voting begins
o April 27, 2009
- TML Legislative Status Report
o April 17, 2009, Austin
- General Election Day
o May 9, 2009
- Decoration Day
o Monday, May 25,2009, I.O.O.F. Cemetery
- TML Legislative Wrap-up
o June 26, 2009, Marriott Las Colinas, Irving
- TML Legislative Wrap-up
o June 29, 2009, Austin
Town of Westlake Town Council Page 5 of 5
Regular Meeting Minutes
April 13, 2009
Town Manager Brymer that plans are underway for a Council/Board retreat for the first
or second week of June.
8. ADJOURNMENT.
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rollins made a motion to adjourn the meeting. Council
Member Langdon seconded the motion. The motion carried by a vote of
5-0.
Mayor Wheat adjourned the meeting at 9:08 p.m.
APPROVED BY THE TOWN COUNCIL ON APRIL 27, 2009.
__________________________________________
Laura Wheat, Mayor
ATTEST:
______________________________
Kim Sutter, TRMC, Town Secretary
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Troy J. Meyer Director of Facilities and Recreation
Subject: Meeting of April 27, 2009
Date: April 21, 2009
ITEM
Consider a Resolution authorizing a contract with Henry Bros. Electronics, Inc. for the
install of access Control and surveillance systems for the Arts & Sciences Center.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
BACKGROUND
The construction for the Arts & Sciences Center was approved by the Town Council on
September 15, 2008. A preconstruction meeting was held on September 23, 2008,
followed by site work in October 2008. The site utilized piers, grade beams, under slab
plumbing, parking area and foundation, all completed in February 2009.
Town staff held the low voltage pre-bid conference on February 4, 2009, with over 18
contractors attending. The bid package was divided into the following sessions: 1) phone
and data, 2) access control systems, 3) video surveillance system, 4) server equipment
and 5) audiovisual equipment. Staff received the low voltage bid packages back on
February 20, 2009, which included Premier Communication, LP, ECI Video and Henry
Bro. Electronics, Inc., which total $144,000. The Total budget for the low voltage
package is $160.000.
Due to the Town bid requirement, the smaller contractor did not submit a bid for this
project. Staff reviewed the pricing for all three contractors and all are in line with the
cost of services for each trade.
FUNDING
Funding for this project will be provided by a variety of sources including Bond, Westlake
Academy Foundation, and cash gifts as discussed with the Council in conjunction with the FY
08-09 proposed budget. The low voltage cost will be paid directly by the Town which is included
in our soft cost budget of the project. The total cost is $28,667.06.
RECOMMENDATION
The Town Council's approval of the contract with Henry Bros. Electronics, Inc. for the
install of access Control and surveillance systems for the Arts & Sciences Center.
ATTACHMENTS:
Resolution No. 09-20
Detailed information on key exhibit A to the Henry Bros. Electronics, Inc. contract
TOWN OF WESTLAKE
RESOLUTION NO. 09-20
AUTHORIZING THE APPROVAL OF HENRY BROS. ELECTRONICS, INC. TO
PROFORM THE INSTALLATION OF ACCESS CONTROL AND SURVEILLANCE
SYSTEMS FOR THE PHASE I ARTS AND SCIENCES CENTER.
WHEREAS, the Town of Westlake is working to become leaders in premier educational
facilities and programs; and
WHEREAS, Westlake desires to produce well educated future leaders and thinkers; and
WHEREAS, Westlake desires to be business partners with Westlake Academy; and
WHEREAS, the Town Council finds that the contract from Henry Bros. Electronics, Inc.
to install access Control and surveillance systems Arts and Science Center benefits the public
and is in the best interest of the public, citizens of Westlake, Westlake Academy students and
their parents;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1. All matters stated in the Recitals above are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
SECTION 2. The Town Council of the Town of Westlake hereby approves the agreement
with Henry Bros. Electronics, Inc. (Exhibit ‘A’), authorizes Town staff to approve contractor, as it
relate to the Arts & Sciences Center construction of Phase I at the Civic Campus.
PASSED AND APPROVED ON THIS 27 DAY OF APRIL 2009.
____________________________________
ATTEST: Laura Wheat, Mayor
____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1
AGREEMENT
BETWEEN TOWN AND CONTRACTOR
THIS AGREEMENT is dated as of the 23 day of March in the year 2009, by and between the Town of
Westlake, Texas (hereinafter called OWNER) and Henry Bros. Electronics, Inc. (hereinafter called
CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
The furnishing of all labor, materials, equipment, and incidentals for the Arts & Sciences Center which include
installing of all low voltage wiring, equipment, software and hardware for the security system, access control
system and video surveillance system, for the three classrooms, open space, six offices, control room,
conference room, restroom, teacher work room and supplies rooms.
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Along the South western portion of Westlake Civil Campus at 2600 J.T. Ottinger Road
Article 2. ENGINEER.
The Town Engineer who is hereinafter called ENGINEER and who is to act as OWNER'S representative,
assume all duties and responsibilities and has the rights and authority assigned to ENGINEER by the OWNER
in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. CONTRACTOR agrees to commence work within ten (10) days after the date of written notice to
commence work, and to complete the work on which he has bid by July 31st 2009 as provided in the General
Conditions.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in
accordance with the Contract Documents in current funds based on the measured quantities and the unit
prices stated in the Proposal.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the
first day of the month. CONTRACTOR shall present only one Application for Payment each month.
Applications for Payment will be processed by ENGINEER and OWNER shall make payment to
CONTRACTOR within thirty (30) days of the date of the invoice.
Page 2
Article 6. INTEREST.
All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the
Project.
Article 7. CONTRACTOR'S REPRESENTIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:
7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
7.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good
repair and condition for and during the period of two (2) years from the date of the repair and to maintain said
work in good repair and condition for said term of two (2) years. CONTRACTOR binds itself to repair or
reconstruct the work in whole or in part at any time within said period, if in the opinion of the ENGINEER, it be
necessary.
7.2. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims,
damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges
of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or
resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other
than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any
negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or
is imposed by Laws and Regulations regardless of the negligence of any such party.
7.4. In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees
by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly
employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be
liable, the indemnification obligation under paragraph 7.3 shall not be limited in any way by any limitation on
the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such
Subcontractor or other person or organization under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
Article 8. Contract Documents
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
a. Notice to Bidders consisting of one (1) page.
b. Instructions to Bidders consisting of three (2-4) pages.
c. Bid Scope consisting of two (5-7) pages.
d. Proposal consisting of seven (4) pages.
e. Bidder Requirements concisting of three (8-10) pages
Page 3
f. Proposal consisting of seven (4) pages.
g. This Agreement consisting of four (11-14) pages.
h. Performance, Payment and Maintenance Bonds consisting of three( 15 -18) pages.
i. Experience Record consisting of two (19-20) pages
j. General provision consisting of fourteen (21) pages.
There are no Contract Documents other than those listed above in this Article 8.
Article 9. TERMINATION.
OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the
Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable
materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents.
OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws
and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take
possession of the Work.
ARTICLE 10. SUB CONTRACTOR
All sub contractors must be approved by the owners and no more than one sub contract can be under the
primary contractor.
Article 11. MISCELLANEOUS.
10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound, and specifically
but without limitation moneys that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to
the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants,
agreements and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of the Agreement. Two
counterparts each have been delivered to OWNER and CONTRACTOR, and one counterpart has been
delivered to ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER
and CONTRACTOR.
Page 4
This agreement will be effective on the 27 day of April, 2009.
OWNER: CONTRACTOR:
Town of Westlake, Texas ________________________
By: _____________________________ By: ____________________________
Laura Wheat , Mayor
ATTEST: ________________________ ATTEST: ___________________________
Kim Sutter, TMRC, Town Secretary
Address for giving notices: Address for giving notices:
3 Village Circle, Suite 202 _________________________
Westlake, Texas 76262 ___________________________
(If OWNER is a public body, attach List name of person to whose attention
resolution authorizing execution of notices are to be sent:
Agreement. )
________________________
(If CONTRACTOR is a Corporation,
attach evidence of authority to sign.)
Page 5
PERFORMANCE BOND
BOND No.
STATE OF TEXAS }
COUNTY OF TARRANT }
KNOW ALL MEN BY THESE PRESENTS: That _________________(contractor’s company) of the Town of
_____________ County of ___________, and the State of Texas, as principal and _________________________
(surety company) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bond unto Town of Westlake, Texas (Owner), in the penal sum of __________________________Dollars
($_________) for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors, and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ______ day
of __________2009, to Town of Westle Civic Campus Expansion Arts & Science Center which contract is hereby
referred to and made part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the said Contract and shall in all respects duly and faithfully observe and perform all and singular
the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be
observed and performed, and according to the true intent and meaning of said Contract and the Plans and
Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect:
“PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the
Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter to the same extent as if it were copied at length herein.”
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings
accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
_______day of ________________ 2009.
Principal Surety
By By
Title Title
Address Address
The name and address of the Resident Agent of Surety is:
______________________________________________________________________________________
______________________________________________________________________________________
Page 6
MAINTENANCE BOND
THE STATE OF TEXAS }
COUNTY OF TARRANT }
KNOW ALL MEN BY THESE PRESENS THAT:_____________________________(contractor’s company),
as principal AND___________________________________ (surety company), A corporation organized under
the laws of __________________________, as sureties, do hereby expressly acknowledge themselves to be
held and bound to pay unto the town of Westlake, a municipal corporation, chartered by virtue of a special act
of legislature of the state of Texas, at Westlake, Tarrant county, Texas, the sum of ___________ DOLLARS
($_____________), for the payment of which sum will truly be made unto said Town of Westlake, and its
successors, and said principal and sureties do hereby bind themselves, their assigns and successors jointly
and severally.
THIS OBLIGATION IS CONDITIONED; HOWEVER, THAT WHEREAS, the said
_________________________________________ (contractor’s company) has this day entered into a written
contract with the said Town of Westlake to build and construct Civic Campus Expansion Arts & Science Center
which contract and the plans and specifications therein mentioned, adopted by the Town of Westlake are
hereby expressly made a part thereof as though the same were written embodied herein.
WHEREAS, under the plans, specifications, and contract, it is provided that the contractor will maintain and
keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from
the date of the acceptance of said work, and to do all necessary repairing and/or reconstructing in whole or in
part of said improvements that should be occasioned by settlement of foundation, defective workmanship or
materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the
contractor. It being understood that the purpose of this section is to cover all defective conditions arising by
reason of defective material and charge the same against the said contractor, and sureties on this obligation,
and the said contractor sureties hereon shall be subject to the liquidation damages mentioned in said contract
for each day's failure on its' part to comply with the terms of said provisions of said contract.
NOW, THEREFORE, if the said contractor shall keep and perform its' said agreement to maintain said work
and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents
shall be null and void, and have not further effect, but if default shall be made by said contractor in the
performance of its' contract to so maintain and repair said work, then these presents shall have full force and
effect, and said Town of Westlake shall have and recover from the said contractor and its' principal and
sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing
one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for
successive branches until the full amount shall have been exhausted; and it is further understood that the
obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall
not be changed, diminished or in any manner affected from any cause during said time.
Page 7
IN WITNESS THEREOF, said_______________has caused these present to be executed by its President and
the said________________________(name of suret company) has caused these Present to be executed by
its’ attorney-in-fact and said Attorney-in-fact________________________________(name of attorney) has
hereunto set this hand, this the ______day of _____________ 2009.
PRINCIPAL:___________________________ SURETY:____________________________
_______________________________________ ______________________________
Name of Contractor’s Company Name of Insurance Company
_______________________________________ ______________________________
Signature Signature
_______________________________________ ______________________________
Name of Representative – Title (Print) Name of Representative – Title (Print)
WITNESS: ATTEST:
_______________________________________ _______________________________
Signature SECRETARY - Signature
NOTE: DATE OF MAINTENANCE BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.
Page 8
PAYMENT BOND
BOND No.
STATE OF TEXAS }
COUNTY OF TARRANT }
KNOW ALL MEN BY THESE PRESENTS: That ________________________ of the Town the of
_______________ County of ______________________, and the State of Texas, as principal, and
_______________________________(surety company) authorized under the laws of the State of Texas to act
as surety on bonds for principals, are held and firmly bond unto the Town of Westlake, Texas (Owner), in the
penal sum of ____________________________________Dollars ($_________________________) for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors, and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the
________ day of_________________ 2009, to Civic Campus Expansion Arts & Science Center which contract
is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided
for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect:
“PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the
Texas Government Code for Public Works as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter to the same extent as if it were copied at length herein.”
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or
drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work
to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
__________________ day of ___________________________ 20_________.
Principal Surety
By By
Title Title
Address Address
The name and address of the Resident Agent of Surety is:
__________________________________________________________________________________
_________________________________________________________________________________
Page 9
General Provisions
CLEAN-UP
DESCRIPTION
1. The Contractor shall perform such clean-up work as is deemed necessary by the town.
2. The work shall at all times present a neat and orderly appearance, and all cleaning up shall
be completed and all construction machinery and equipment, surplus materials.
3. The Contractor is require by the town ordinance to use Trinity Waste for all wast disposal
contaners use on the project.
SOLID WASTE DISPOSAL
DESCRIPTION
1. The Contractor shall dispose of all refuse at a Texas Department of Health (TDH) approved
landfill.
2. A list of all landfills having a TDH permit is available at the Arlington Office of TDH. The North
Central Texas Council of Governments (NCTCOG) has prepared, for sale, a list of all landfills
in the NCTCOG region. The D/FW landfill is listed in the telephone book "Yellow Pages".
3. Alternately, the Contractor may arrange with a Commercial waste firm to simply supply a roll-
off bin for disposal purposes. Several private regional landfills are available in the NCTCOG
area. The contractor shall determine which method best fits the project requirements.
1
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Regular Meeting of April 27, 2009
Date: April 20, 2009
ITEM
Consider an Ordinance adopting the proposed oil and gas drilling/production technical
standards ordinance for oil and gas drilling and production in Westlake.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
; We are Leaders
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardship
o Infrastructure maintenance and planning
; Hospitality Finds its Home in Westlake
o Citizen engagement and communication
BACKGROUND
The Council and staff have been working on proposed revisions to oil and gas drilling
regulations for over a year.
In spring 2008, after reviewing area communities’ oil and gas drilling ordinances, the
Council gave staff direction to take additional time to perform further research on these
regulations including discussions with area city staffs and representatives of the oil and
gas industry. Having carried out this Council direction, the staff in two Council
workshops in October 2008 received Council direction regarding a framework for
proposed oil and gas drilling regulations.
This proposed regulatory framework had two components. First, was to regulate the
zoning/land use aspect of oil and gas drilling by allowing oil and gas drilling in any
zoning district, but only with a Council approved Specific Use Permit (SUP). An SUP
requires a public hearing before both the Planning & Zoning Commission and the Town
Council before it can be approved or denied. Second, was to place all the technical,
aesthetic, noise, light, road, and setback regulations for oil and gas drilling in a proposed
technical standards ordinance. This proposed technical standards ordinance establishes a
process that, before a well could be drilled, the operator must first have an approved
Specific Use Permit. If the operator receives an approved SUP, then the operator can
apply for a Gas Well Pad Site Permit. If the Gas Well Pad Site Permit is approved and
established, then the operator can apply for a Gas Well Permit and if it is issued, then the
2
operator can begin to perform drilling.
A public information meeting was held in November 2008 to receive citizen feedback
about this proposed regulatory framework. Extensive use of the Town’s web site as well
as email to those on the Town’s email “blast” list serve has been used to keep residents
informed about the work to date on this topic. The Council received a staff presentation
concerning the draft technical standards ordinance at its workshops on January 12th,
January 26th, and February 9th, 2009. The Council also heard a presentation by State
Geologist Scott Tinker at it January 12th workshop regarding numerous aspects of gas
well drilling in the Barnett Shale formation.
At the last Council workshop on the technical standards ordinance (see the power point
presentation from the Feb. 9th workshop below under attachments), most of the
discussion focused on the well setback distances. Options were presented to Council at
this workshop (see the matrix in the attachments section below). Much Council
discussion centered on various approaches for dealing with well setback reductions from
600’ to 300’. One approach discussed on Feb. 9th by Council was using a percentage of
ownership related to property owner consent as a method for determining setback
reductions from 600’ to 300’. This approach spurred debate and raised many questions
as to how this percentage would be calculated and established.
While the staff will use this approach if that is the Council’s decision, staff continues to
recommend either staff setback proposal #1 or #2 as shown on the matrix below. Here is
a summary of the staff setback proposals:
Staff Setback Proposal #1:
• 1,000 ft, encouraged with increased regulatory latitude encouraged, but not
mandated
• From 1,000 ft to 600 ft- minimum setback would be 600 ft.
• From 600 ft to 300 ft, allowed with consent of property owners and Town
Council approval
Staff Setback Proposal #2
• 1,000 ft minimum with possibility of reduction
• Reduction from 1,000 ft to 600 ft with Town Council approval
• Reduction from 600 ft to 300 ft with consent of property owners and Town
Council approval
If having to recommend between either of the staff setback proposals, staff would
recommend proposal #2 to the Council. The attached technical standards ordinance is
based on this staff setback proposal #2 (see page 22, Sec. 56-38 of the proposed technical
standards ordinance).
FUNDING: N/A at this time.
RECOMMENDATION: Following presentations made at the workshop, staff
recommends that the Council consider the proposed technical standards ordinance as
proposed by staff.
3
ATTACHMENTS:
1. Proposed oil and gas technical standards ordinance- final staff draft.
a. (Ordinance No. 609).
2. Design guidelines for oil/gas production sites.
3. Power Point presentation from 2-9-09 Council workshop re: proposed technical
standard ordinance.
4. Setback options matrix presented/discussed at 2-9-09 Council workshop.
Gas and Oil Technical Standards Ordinance 4-16-09
1
TOWN OF WESTLAKE
ORDINANCE NO. 609
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS (“TOWN”), AMENDING
CHAPTER 56 GAS WELLS, ARTICLE I, ARTICLE II, DRILLING AND
PRODUCTION, AND ARTICLE III, OIL AND GAS PIPELINE STANDARDS, OF THE
WESTLAKE CODE OF ORDINANCES, IN ITS ENTIRETY, REGULATING THE
DRILLING AND PRODUCTION OF GAS WELLS WITHIN THE TOWN, TO PROVIDE
REVISED REGULATIONS REGARDING DISTANCE, NOISE AND TECHNICAL
PROVISIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE
CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas, (the “Town”) is a General Law Municipality
located in Tarrant and Denton Counties, Texas, created and operating in accordance with the
provisions of the Texas Constitution, the Texas Local Government Code and laws of the State of
Texas; and
WHEREAS, on May 24, 2004, the Town Council of the Town adopted Ordinance
Number 458 enacting permit procedures, fees and regulations regarding the drilling and
production of oil or Gas Wells with the Town limits of Westlake; and
WHEREAS, Ordinance Number 458 has been codified as Chapter 56 in the Town’s
Code of Ordinances; and
WHEREAS, the Town Council finds that new and additional regulations for the
exploration and development of gas and other hydrocarbon substances within and under the
Town is necessary in order to protect the surface property rights, to protect the owners of mineral
rights and to provide for the orderly exploration, development, and production of oil, gas and
other hydrocarbons; and
WHEREAS, the Town Council deems it advisable to amend the current regulations for
the drilling, production and re-drilling of oil, gas and other hydrocarbon wells so that these
activities may be conducted in a manner that protects the public health, safety and welfare of the
citizens and property owners of the Town, conforms with established Town codes and regulations
while minimizing the potential impact to surface property and mineral rights owners; and
WHEREAS, the Town Council finds and declares that the regulations contained herein
are in the best interest of the public health, safety and general welfare of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION1: THAT, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
Gas and Oil Technical Standards Ordinance 4-16-09
2
SECTION2: THAT, Chapter 56 of the Town of Westlake Code of Ordinances is hereby
amended in its entirety to read as follows:
Table of Contents
Contents
Table of Contents ........................................................................................................................ 2
CHAPTER 56 GAS AND OIL WELLS ......................................................................................... 3
ARTICLE I. IN GENERAL ............................................................................................................ 3
Sec. 56-1 – 56-30. Reserved. ..................................................................................................... 3
ARTICLE II. DRILLING & PRODUCTION ................................................................................ 3
Sec. 56-31 Purpose and Intent. .................................................................................................. 4
Sec. 56-32 Definitions. .............................................................................................................. 4
Sec. 56-33. Gas Well Permitting Process Summary. ............................................................... 14
Sec. 56-34. Specific Use Permit Required. .............................................................................. 14
Sec. 56-35. Site Plan requirements. ......................................................................................... 15
Sec. 56-36. Gas Well Pad Site Permit Required. ..................................................................... 16
Sec. 56-37. Gas Well Pad Site Permit Application and Requirements. ................................... 17
Sec. 56-38. Gas Well Pad Site Setbacks from Protected Uses. ................................................ 18
Sec. 56-39. Gas Well Pad Site Classifications. ........................................................................ 19
Sec. 56-40. Gas Well Pad Site Standards. ................................................................................ 21
Sec. 56-41. Gas Well Permit Required. ................................................................................... 25
Sec. 56-42. Gas Well Permit Application, Requirements and Filing Fees. .............................. 26
Sec. 56-43. Standards for Gas Well Drilling and Production. ................................................. 27
Sec. 56-44. Insurance and Indemnification. ............................................................................. 37
Sec. 56-45. Bond or Irrevocable Letter of Credit. ................................................................... 40
Sec. 56-46. Gas Inspector......................................................................................................... 42
Sec. 56-47. Operator’s Agent. .................................................................................................. 43
Sec. 56-48. Periodic Reports. ................................................................................................... 43
Sec. 56-49. Transfer of Gas Well Permits. ............................................................................... 44
Sec. 56-50. Cleanup and Maintenance. .................................................................................... 44
Sec. 56-51. Plugged and Abandoned Wells. ............................................................................ 45
Sec. 56-52. Technical Advisor. ................................................................................................. 46
Sec. 56-53. Remedies of the Town. ......................................................................................... 47
Gas and Oil Technical Standards Ordinance 4-16-09
3
Sec. 56-54. Amended Well Permits. ........................................................................................ 47
Sec. 56-55. Re-working of Well; Notice. ................................................................................. 48
Sec. 56-56. Commission Permits; TCEQ. ............................................................................... 48
ARTICLE III. OIL AND GAS PIPELINE STANDARDS .......................................................... 48
Sec. 56-57. Purpose. ................................................................................................................. 48
Sec. 56-58. Definitions. ........................................................................................................... 49
Sec. 56-59. General Requirements and Minimum Design Standards. ..................................... 49
Sec. 56-60. New Pipeline Permit/License Application. ........................................................... 52
Sec. 56-61. Permit and/or License Approval. .......................................................................... 54
Sec. 56-62. Public Education. .................................................................................................. 55
Sec. 56-63. Pipeline Information Reporting Requirements. .................................................... 56
Sec. 56-64. Pipeline Markers. .................................................................................................. 58
Sec. 56-65. One Call System. .................................................................................................. 59
Sec. 56-66. Inactive and Idled Pipelines. ................................................................................. 59
Sec. 56-67. Emergency Response Plans and Emergency Incident Reporting. ........................ 60
Sec. 56-68. Pipeline Repairs and Maintenance. ....................................................................... 62
Sec. 56-69. No Grant of Town Easement, No Assumption of Responsibility by Town. ......... 63
Sec 56-70. Protection and Painting of Pipeline Structures. ..................................................... 63
Sec. 56-71. Waiver/Hold Harmless Agreement Required for Issuance of Building Permit. ... 63
Sec. 56-72. Street and Right-of-way Use. ................................................................................ 64
Sec. 56-73. Violations. ............................................................................................................. 64
Sec. 56-74. Bond and Insurance Required. .............................................................................. 65
Sec. 56-75. Termination of Permit and/or license. ................................................................... 67
ER 56 GAS AND OIL WELLS
ARTICLE I. IN GENERAL
Sec. 56-1 – 56-30. Reserved.
ARTICLE II. DRILLING & PRODUCTION
Gas and Oil Technical Standards Ordinance 4-16-09
4
DIVISION 1. Generally
Sec. 56-31 Purpose and Intent.
The exploration, development, and production of gas, oil and other hydrocarbons in the Town of
Westlake, Texas (the “Town”) is an activity that necessitates reasonable regulation to ensure that
all property owners, including mineral owners 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
Article to establish reasonable and uniform limitations, safeguards and regulations for present
and future operations related to the exploring, drilling, developing, producing, transporting and
storing of gas, oil and other substances produced within the Town to protect the health, safety
and general welfare of the public, minimize the potential impact to property and mineral rights
owners, and protect the quality of the environment and encourage the orderly production of
available mineral resources. It is intended that any mention of a State or Federal governmental
agency means that agency or its successor:
Sec. 56-32 Definitions.
All technical industry words or phrases related to the drilling and production of gas, oil and other
hydrocarbon wells not specifically defined in this Article shall have the meanings customarily
attributable thereto by prudent gas industry operators. The following words, terms and phrases,
when used in this Article, shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Abandoned: A Well or Wells that are taken out of service for an indefinite period of time
or without intent to place back into service.
Abandonment: “The act of taking a Well or Wells out of service for an indefinite period
of time or without intent to place back into service.
Adjacent Property Owner Consent Form: A form provided by the Town to be used for
documenting that property owners adjacent to well Drilling Operations have consented to
allowing a reduction in the required setbacks that impact their property.
Administrator: The Town Manager or his or her designated representative.
All-weather Surface: A surface that consists of a minimum of six (6) inches of
compacted Class II base rock for grades up to and including five (5%) percent, and oil
and screened for grades up to and including fifteen (15%) percent, and asphalt or
concrete pavement with a non-skid finish for grades exceeding fifteen (15%) percent.
Ambient Noise Level: The all encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location, constituting
the normal or existing level of environmental noise at a given location.
Gas and Oil Technical Standards Ordinance 4-16-09
5
Applicant: A person, firm, corporation or entity to whom a permit or certificate for the
drilling, operation and production of a Well, or the installation or operation of a pipeline,
is issued under this Article, including, but not limited to, his or her heirs, legal
representatives, successors or assigns.
Base Flood Elevation: Shall be as defined by other Town ordinances.
Blowout Preventer (BOP): A mechanical, hydraulic, pneumatic, or other device or
combination of such devices secured to the top of the Well casing, including valves,
fittings and control mechanisms connected therewith, which can be closed around the
drill pipe or other tubular goods which completely close the top of the casing and are
designed to prevent blow outs.
Building: Any structure used, intended for, or capable of supporting or sheltering any use
or occupancy. The term “building” shall be construed as if followed by the words “or
portions thereof.”
Cathodic Protection: 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.
Closed Loop Mud System: An enclosed suite of solids control equipment used for mud
circulation and intended to minimize drilling fluid dilution to provide for handling of the
drilling wastes so that reserve pits are not used.
Completion of drilling, Re-drilling and Re-working: The date the work is completed for
drilling, re-drilling, or re-working and the Well status is one in which the Well is capable
of production.
Commission: The Texas Railroad Commission and all state rules.
Compressor: Equipment that compresses and propels gas through gathering or sales
pipelines.
Compressor – Gas Lift: See Gas Lift Compressor.
Compressor Station: Also referred to as a Pump Station or Compressor Facility, a
Compressor Station is a permanent facility housing one or more compressors.
Considered to be the engine that powers an Interstate natural gas pipeline.
Construction: Causing of carrying out any building, bulk head, filling, excavation, or
substantial improvements to land or to the size of any structure.
Gas and Oil Technical Standards Ordinance 4-16-09
6
Council: The Town Council of the Town of Westlake.
Daytime: The period from 7:00 a.m. to 7:00 p.m., Central Standard Time.
Dedication: Includes, but is not limited to, a permanent easement or a fee simple
conveyance or acquisition of land for a specific purpose.
Derrick: Any portable framework, tower, mast and/or structure that is required or used in
connection with Drilling, Re-drilling or Re-working a Well for the production of oil
and/or gas.
Disposal Well: See Salt Water Disposal Well.
Drilling: Any digging, boring, Re-drilling or Re-working of a new or existing well bore
to develop or produce gas or other hydrocarbons, or to inject gas, water, or any other fluid
or substance into the earth. Drilling means and includes the re-entry of an abandoned
Well.
Drilling Equipment: Derrick, draw works, power plant, rotary table, pumps, together
with all parts of an apparatus to such structure, every piece of apparatus, machinery or
equipment used in connection with Drilling, Re-drilling or Re-working and operations.
Drilling Operations: All activities related to the drilling of a Well beginning with the
preparation of the site and ending with the completion of the Well. Drilling Operations
and production do not occur concurrently on the same well but may occur concurrently
within the same Gas Well Pad Site.
Drill Site: Area used during the Drilling, Re-drilling or Re-working of a well or wells
prior to the reduction and conversion of the area to an operation site.
Drill Zone: The area within an approved Gas Well Pad Site designated for drilling well
bores, as shown on the Site Plan as part of the Specific Use Permit approval process.
Excavation: Any movement or alteration of the surface of the ground by machinery or
otherwise in conjunction with or anticipation of Drilling, Re-drilling or Re-working
activities or construction of a Pipeline, Drilling, Re-Drilling or Re-working of a well,
including but not limited to scraping or grading a site.
Exploration: Geologic or geophysical activities, including seismic surveys, related to the
search for gas or other subsurface hydrocarbons.
Federal: The United States Government and its various agencies.
FEMA: The Federal Emergency Management Agency.
Filling: Includes, but is not limited to, disposal of excavated or imported materials.
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Fire Chief: The Fire Chief of the Town of Westlake, Texas, or the Town Manager or his
designee.
Fire Code: The Fire Code as adopted and amended by the Town.
Fire Marshal: The Fire Marshal of the Town or the Town Manager or his designee. In
the absence of a designated fire marshal, the Director of Public Safety of the Town.
Flaring: The process used to burn off gas during the Flow Back Operations stage. The
process includes a series of secured piping to facilitate the flow of gas and a combustion
chamber to ignite the gas.
Floodplain: Shall be as defined by other Town ordinances.
Flow back Operations: Means necessary to expel water from the drilling hole in order to
facilitate the production of gas.
Frac, Fracture or Fracturing: The process of fracture stimulation of a rock formation,
including, but not limited to, the process of pumping sand-laden fluids down a well to
stimulate a rock formation.
Fresh Water Well: A well for the production of water.
Gas: Any gas or fluid, either combustible or noncombustible, including but not limited to
natural gas, condensate and oil, 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, and/or any material defined or referred to as “gas” in the rules,
regulations or forms of the Commission.
Gas Collection System: All pipelines and equipment used to transport gas produced from
one or more wells.
Gas Lift Compressor: Any on-site compressor used to lift gas from the well to the Gas
Collection System connecting to the on-site Tank or a Tank Battery.
Gas Inspector: The Town Manager or his designee.
Gas Well: Any Well drilled, to be drilled, operated or used for the intended or actual
production of natural gas.
Gas Well Pad Site: The area defined on the Site Plan for a Specific Use Permit (SUP)
used for all storage and Drilling, Re-drilling, Re-working or Drilling Operations.
Gas Well Pad Site Permit: A Town permit authorizing the construction and operation of a
Gas and Oil Technical Standards Ordinance 4-16-09
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Gas Well Pad Site.
Gas Well Permit: A permit authorizing the Drilling, Re-drilling, Re-entering, Fracturing,
Re-working, Abandonment, or Re-Activating of a Well as approved by this Article.
Gas Well Production Site: The area used for the production of Gas, Re-working, Re-
fraccing, and other Well maintenance activities may also be conducted within this area.
Drilling, Re-drilling or Re-working shall only be permitted within the Drill Zone located
within a Gas Well Pad Site.
Green Completion: Completion of a Well using the necessary equipment to allow
operations and production without the necessity of Flaring or allowing gas to escape into
the atmosphere.
Green Well: A Well which has the necessary equipment installed so as to allow
operations and production without the necessity of Flaring or allowing Gas to escape into
the atmosphere.
Habitable Structures: Structures defined by the Town’s ordinances meeting requirements
for human habitation or occupation, including, but not limited to, single or multifamily
residences, hotels, condominium buildings, buildings for commercial purposes and
enclosed spaces in which individuals congregate for education, worship, amusement or
similar purposes, or in which occupants are engaged in labor, and which is equipped with
means of egress, light, and ventilation facilities. Each building of a condominium regime
is considered a separate Habitable Structure, but if a building is divided into apartments,
then the entire building, not each individual apartment, is considered a single Habitable
Structure. Additionally, a Habitable Structure includes porches, gazebos and other
attached improvements.
Hazardous Liquid: Shall mean petroleum or any petroleum product, and any substance
or material which is in a liquid state, when transported by pipeline facilities and which
has been determined by the United States Secretary of Transportation to pose an
unreasonable risk to life or property when transported by pipeline facilities. The term
shall be enlarged to include liquefied natural gas and anhydrous ammonia should such
materials at any time be introduced into any pipeline subject to this Article. It shall also
include carbon dioxide, defined as a fluid consisting of more than ninety (90%) percent
carbon dioxide molecules compressed to a supercritical state.
Hazardous Materials and Site Safety Management Plan: The hazardous materials
management plan and hazardous materials inventory statements required by the Town
Fire Code as well as a site safety plan which shall comply with Federal rules and
regulations for a construction and hazardous materials work zone to include, but not
limited to, a plan with all monitoring equipment/maintenance plans listed.
Health Care Facility: A location at which medicine or licensed healthcare is practiced
regularly. Medical Healthcare Facility includes, but is not limited to, small clinics and
Gas and Oil Technical Standards Ordinance 4-16-09
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doctor’s offices to urgent care centers and large hospitals.
High Impact Gas Well Pad Site: A Gas Well Pad Site containing a Drill Zone that is
closer than six hundred (600) feet from a Protected Use.
Idled Pipeline: A pipeline that has been inactive for at least two (2) years.
Inactive pipeline: A pipeline that has temporarily been taken out of service for a period of
at least six (6) months for hazardous materials or hazardous liquids and one (1) year for
natural gas with the expectation that the pipeline may be reactivated within two (2) years
even though there may be no specific plans to reactivate the pipeline.
Inspector: The Gas inspector designated by the Town Manager.
Line Marker: A marker identifying the location of a buried pipeline, as defined in 49
CFR 192.707, as amended.
License: A license issued by the Town of Westlake to permit certain uses for a prescribed
amount of time at a prescribed location.
Man Made Barriers: Barriers other than natural terrain used to aid in the protection of a
Protected Use from some of the possible hazards associated with a Gas Well. Man made
barriers shall only be allowed as approved during the Specific Use Permit approval
process.
Master Gas Well Plan: A plan showing multiple Gas Well Pad Sites and the related gas
lines and waste water disposal lines, detailing how consideration has been made to
coordinate facilities and minimize negative impacts to roadways and neighboring
properties.
Multiple Pad Site Special Use Permit: Specific Use Permit that contains more than one
Gas Well Pad Site within the Site Plan.
New Pipelines: Pipelines constructed after the effective date of this Article but shall not
include (a) the replacement or repair of any existing pipeline; (b) the realignment of a
portion of an existing pipeline to a position that is not greater than fifty (50) feet from its
original position; or (c) surface appurtenances added to existing pipelines.
New Well: A new well bore or new hole established at the ground surface and shall not
include the re-working of an existing Well that has not been Abandoned unless the Re-
working involves Drilling to a deeper total depth.
Nighttime: The period between 7:00 p.m. and 7:00 a.m.
Operation Site: The area used for development and production and all operational
activities associated with gas after drilling activities are complete.
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Operations: Activities leading to and supporting the production of Gas.
Operator: For each Well, the Person listed on the Railroad Commission Form W-l or
Form P-4 for a Well, that is, or will be, actually in charge and in control of Drilling, Re-
drilling, Re-working, maintaining, operating, pumping or controlling any well including,
without limitation, a unit Operator. If the Operator, as defined herein, for any Well is not
the lessee of any premises affected by the provisions of this Article, then such lessee shall
also be deemed to be an Operator. In the event there is no Gas lease relating to any
premises affected by this Article, the owner of the fee mineral estate in the premises shall
be deemed the Operator.
Pad site: See Gas Well Pad Site.
Permittee: Any Person authorized to act under a Gas Well Permit, license, or a certificate
issued by the Town.
Person: An individual, firm, corporation, entity, or agent thereof, including, the United
States government, state, municipality, Commission, political subdivision, international
or interstate body or any other governmental entity.
Pipeline: All parts of those physical facilities through which Gas, hazardous liquids or
chemicals move in transportation, including, but not limited to, pipe, valves and other
appurtenance attached to pipe, whether or not laid in public or private easement or public
or private right-of-way within the Town.
Pipeline or Well Emergency: A pipeline or Well incident in which any of the following
has occurred or is occurring:
1. Fire or explosion not initiated by the Owner/Operator as part of its operations (in
accordance with accepted safety practices).
2. Release of a Gas, hazardous liquid or chemical that could adversely impact the
environment or health of individuals, livestock and/or domestic animals, and
wildlife, within the Town.
3. Death of any Person attributable to the operations of the Pipeline or Well.
4. Bodily harm to any Person that results in loss of consciousness, the need to assist
a Person from the scene of the incident or the necessity of medical treatment in
excess of first aid.
5. Damage to private or public property not owned by the pipeline or Well Owner or
Operator in excess of five thousand dollars ($5,000.00) in combined values, as
determined by the Administrator.
6. The rerouting of traffic or the evacuation of Buildings or Protected Uses.
Pipeline Permit: A permit applied for and issued or denied pursuant to this Article
authorizing the movement of Gas, water or other products to or from the location of a
Well.
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Pipeline Review Committee: A committee appointed by the Town Manager, consisting of
Town Staff, and others as deemed necessary, to seek resolution of any substantive, non-
resolvable technical issues related to the issuance of a Pipeline Permit.
Pipeline Owner or Operator: Any person owning, operating or responsible for operating
an oil or gas pipeline for the purpose of transporting Gas, or liquids related to the
production of Gas or other hydrocarbons.
Planning and Zoning Commission: The Planning and Zoning Commission of the Town
of Westlake, Texas.
Post-Drilling: That time after the Drilling or Re-drilling phase is completed.
Practicable: In determining what is practicable, the Pipeline Review Committee shall
consider the effectiveness, scientific feasibility and commercial availability of the
technology or technique.
Pre-Drilling: The time prior to the start of the boring process.
Production: The collection and distribution process.
Property Owner: The owner of the surface property.
Protected Use: A Habitable Structure, Religious Institution, Public Building, Healthcare
Facility, School or Public Park. This term shall not apply to accessory buildings, garages,
hangars, or storage buildings.
Public Building: All Buildings or Habitable Structures used or designed to 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 shall not be
limited to, theaters, assembly halls, auditoriums, armories, mortuary chapels, dance halls,
exhibition halls, museums, office buildings, government use facilities, gymnasiums,
bowling lanes, libraries, skating rinks, courtrooms, restaurants, shopping malls, stores,
and healthcare facilities.
Public Park: Any land area dedicated to and/or maintained by the Town for park-like
recreational purposes, but not including trails, sidewalks, privately-owned parks /
amusement parks or privately-owned or privately-managed golf courses.
Re-Drill: Re-completion of an existing Well by deepening or sidetrack operations
extending more than one hundred fifty (150) feet from the existing well bore. Re-drilling
must be conducted within an approved Drill Zone. Re-drilling shall also mean
deepening, re-entering, re-fraccing, activating or converting.
Religious Institution: Any Building or Habitable Structure in which persons regularly
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assemble for religious worship and activities intended for purposes connected with such
worship or for propagating a particular form of religious belief.
Residence: A house, duplex, apartment, townhouse, condominium, mobile home or other
building designed or used for dwelling purposes.
Reactivating: The act of placing an Abandoned Well or Pipeline back into service.
Re-working or Re-working Operations: Re-completion or re-entry of 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: Shall mean public rights-of-way, including streets, easements and other
property within the Town and which is dedicated to the use and benefit of the public.
Road Repair Agreement: A contractual agreement between the Town and the Operator
obligating the Operator to repair damage, excluding ordinary wear and tear, if any, to
Right-of-way caused by the Operator or its employees, agents, contractors,
subcontractors or representatives in the performance of Drilling, Re-Drilling, Re-
working, fracturing or production of any Wells authorized by the Town. In addition, said
agreement may contain Town imposed requirements, prior to issuance of a Gas Well
Permit, for improvements to any Right-of-way the use of which is required by the
Operator for his well drilling and/or production operations.
Roadway Landscape Zone: As defined by other Town ordinances.
Rural Gas Well Pad Site: A Gas Well Pad Site containing a Drill Zone that is greater than
(1,000) one-thousand feet from a Protected Use.
Salt Water Disposal Well: Any well used for the disposal of salt water or other waste
materials.
Salt Water Disposal Well - Commercial: Any well used for the disposal of salt water or
other waste materials for a fee or other compensation.
School: Any public or private, primary or secondary educational facility or any licensed
day care center, (a facility licensed by the State of Texas or by the Town that provides
care, training, education, custody, treatment or supervision for more than six (6) children
under fourteen (14) years of age, and for less than twenty four (24) hours per day.)
Site Plan: Shall include all plans as required for obtaining a Specific Use Permit and or a
Site Plan amendment meeting all of the requirements included in this Article and other
Town ordinances for Site Plans.
Specific Use Permit: A permit recommended by the Planning and Zoning Commission
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and authorized by the Town Council for the use of land or structures in accordance to the
provisions in the Zoning Ordinance.
State: The State of Texas.
Street : Any street, highway, roadway, sidewalk, alley, avenue, access easement, recessed
parking area or other public right-of-way, including the entire right-of-way.
Structure: Without limitation, any building, or combination of related components
constructed in an ordered scheme that constitutes a work or improvement constructed on
or affixed to land, including, but not limited to, Habitable Structures, partially enclosed
structures, enclosed tanks, etc.
Surface Area Agreement: A contractual agreement between a property owner and another
party granting the party certain rights for usage of the surface of the property.
Tank: A container for holding or storing fluids located on a Gas Well Pad Site (covered
or uncovered) used in conjunction with the drilling, completion operations, or production
of Gas, formation water, or other hydrocarbons.
Tank Battery: Two or more tanks located within a Gas Well Pad Site.
Tank Battery Facility: A collection of tanks located other than inside a Gas Well Pad Site
serving as a point of collection (tanks) and disbursement (tank, meter, lease automated
custody transfer unit) of oil or gas from producing well(s).
TCEQ: The Texas Commission on Environmental Quality.
Technical Advisor: A Person 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 Town.
Temporary Perimeter Fence: A fence placed along the perimeter of a Gas Well Pad Site
to provide visual screening and security or trespass prevention until the required
permanent perimeter wall is installed. Materials and time limitations shall be as approved
by the Town Council as part of the Specific Use Permit approval process.
Town : The Town of Westlake, Texas.
Town Manager: The Town Manager of the Town of Westlake, Texas, or his designee.
Unified Development Code: Those chapters of the Code of Ordinances that are related to
Planning and Development activities make up the Unified Development Code of the
Town of Westlake, Texas, as amended.
Unregulated Pipeline: Those pipelines within the Town that are exempt under Federal
and State rules that exclude such lines from construction standards, safety standards or
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reporting requirements of either or both federal and state governments.
Urban Gas Well Pad Site: A Gas Well Pad Site containing a Drill Zone that is not closer
than six hundred (600) feet from a Protected Use and not farther than one thousand
(1,000) feet from the nearest Protected Use.
Water Pits: A Town approved excavation designed for the storage of water to be utilized
in Drilling, Re-Drilling, Re-working, Fraccing, or Work-Over Operations.
Well: A hole or bore to any horizon, formation, or strata for the purpose of producing
Gas.
Well Permit: See Gas Well Permit.
Work-Over Operations: 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.
Zoning Ordinance: The Comprehensive Zoning Ordinance of the Town of Westlake,
Texas, as amended.
Sec. 56-33. Gas Well Permitting Process Summary.
Prior to drilling a Gas Well in the Town a Specific Use Permit must be approved by the Town
Council, the Specific Use Permit process requires the applicant to conduct a neighborhood
meeting with property owners within one thousand (1000) feet of the proposed site and submit a
Site Plan as part of the application. The Site Plan must show drawings, elevations and details
relating to the proposed Gas Well Pad Site. The Specific Use Permit is presented to the Planning
and Zoning Commission for a recommendation and is considered for approval by the Town
Council. After the Specific Use Permit is approved, an application may be made for a Gas Well
Pad Site Permit. The issuance of a Gas Well Pad Site Permit authorizes the applicant to develop
the Gas Well Pad Site. After the Gas Well Pad Site is developed and approved by Town staff, an
application may be made for one or more Gas Well Permits to authorize the drilling of wells
within the Drill Zone of the approved Gas Well Pad Site. Gas Well Pad Sites and Gas Well
Permits are approved administratively by Town staff.
Sec. 56-34. Specific Use Permit Required.
a) A Specific Use Permit (SUP), per the Town’s Zoning Ordinance, must be applied for and
approved by the Town prior to the approval of a Gas Well Pad Site Permit or a Gas Well
Permit.
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b) A Multiple Pad Site Specific Use Permit may be applied for when multiple Gas Well Pad
Sites under the control of the same operator or property owner are shown on the required
Site Plan as part of a Master Gas Well plan.
Sec. 56-35. Site Plan requirements.
A Site Plan must be submitted with all applications for a SUP. If the property is located within a
Planned Development, a PD Site Plan Amendment must be processed concurrently with the SUP.
a) Site Plans shall include, as a required minimum, all items required for a Site Plan as
detailed in the Zoning Ordinance along with the following:
1) Traffic management plan identifying all truck routes and vehicle ingress/egress
access points to the Gas Well Pad Site from a street or street right-of-way.
2) Show the location and use of all structures and Protected Uses within one
thousand (1,000) feet of the Gas Well Pad Site.
3) Show the location of all private roads to be used to access the Gas Well Pad Site
as well as all points of intersection and ingress/egress of private roads to a
street.
4) Show location of all vehicle parking and storage areas. Describe parking and
drive area surfaces proposed.
5) Identify the proposed source of water and any other public utilities required.
6) Identify all proposed water storage facilities including all on-site retention ponds
and how those ponds will be utilized as a landscape water feature on the Gas
Well Pad Site’s landscape plan.
7) Identify the one hundred (100)-year floodplain and if a well is located in any part
of this one hundred (100)-year floodplain, how the well will be sited to comply
with the floodplain regulations contained in this and other Town Ordinances.
8) Identify and show the proposed method of erosion control.
9) A screening and landscape plan, as well as an executed third-party landscape
maintenance agreement with frequency of landscape maintenance identified for
all landscape plant materials. Illustrate all proposed screening materials,
methods of irrigation, proposed planting materials, and elevations displaying
how the proposed screening will prevent views of all on-site production tanks
and equipment on the proposed Gas Well Pad Site.
10) A tree preservation and mitigation plan.
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11) A site security plan for all Drilling and Post-Drilling Operations.
12) A copy of the noise management plan, prepared by a noise control engineer or
other qualified person approved by the Town, for any equipment used in the
drilling, completion, or production of a well.
13) An outdoor lighting plan for all Drilling and Post-Drilling Operations.
14) A dust mitigation plan that details monitoring and air quality control measures
to be implemented to mitigate and suppress dust generated at the drill site and
the private vehicle access route for Drilling and Post-Drilling operations. Brine
water, sulphur water, or water in mixture with any type of hydrocarbon may not
be used for dust suppression.
15) A waste disposal plan for all Drilling and Post-Drilling operations including the
site’s Hazardous Materials and Site Safety Management Plan (HMSP).
16) Show the proposed locations, elevations, design or construction details, and
height of all on-site telemetry equipment.
17) Show location of all on-site fresh water wells proposed to serve the Gas Well
Pad Site.
18) Show the location of Pipelines, existing and proposed, and any easements from
the well to the Tank or to the Tank Batteries as well as from the Gas Well to the
Gas Well pipeline and Gas Collection System for approval.
19) Submit all Adjacent Property Owner Consent Forms.
20) Show all equipment and structures that may be located on site or used during
the Drilling and Production phases.
21) Show that the Gas Well Pad Site will comply with all requirements of this
chapter applicable to Gas Well Pad Sites and Gas Wells.
Sec. 56-36. Gas Well Pad Site Permit Required.
a) A Person, shall not engage in the Drilling and Production of Gas Wells within the
corporate limits of the Town without first obtaining a Gas Well Pad Site Permit.
b) All approved Gas Well Pad Site permits shall be filed of record by the Operator, at its
expense in the applicable county deed records and indicated on all applicable plats filed
in the deed records. Each filed Gas Well Pad Site permit shall contain the street address,
lot and block, subdivision name, plat volume and page of each lot, tract or parcel located
Gas and Oil Technical Standards Ordinance 4-16-09
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within one thousand (1000) feet of the Gas Well Pad Site.
c) After a Gas Well Pad Site permit has been issued, the Operator shall place, and maintain
at all times, at least one sign, as approved by the Town, on the property located in a
conspicuous place or places upon the property at a point or points visible from any Right-
Of-Way or Protected Use adjacent to such property. The Gas Inspector may require
additional signage if the Pad Site fronts on more than one Right-Of-Way. The sign shall
indicate that a Gas Well Pad Site Permit has been obtained for the purpose of drilling Gas
Wells on the Site, and shall further set forth that additional information can be acquired
by telephoning the Operator at the number indicated on the sign. The sign shall remain
posted at the Gas Well Pad Site for the duration of the Gas Well Pad Site Permit.
d) The issuance of a Gas Well Pad Site Permit allows future wells to be drilled on an
existing Gas Well Pad Site within the approved Drill Zone. All Gas Wells subsequently
drilled upon a permitted Gas Well Pad Site shall otherwise comply with any drilling
distance regulations for and from a Protected Use or other structure as required by state
law and applicable fire code regulations and all other provisions of the Article. Further,
all Gas Wells drilled over time on an approved Gas Well Pad Site shall comply with all
Town requirements in place at the time of approval of the Gas Well Pad Site Permit.
e) Prior to the commencement of drilling of a Gas Well on a permitted Gas Well Pad Site,
the Operator must submit an application for the issuance of a Gas Well Permit, pay all
applicable fees, and fulfill all other requirements for the approval and issuance of said
permit, in accordance with this Article.
Sec. 56-37. Gas Well Pad Site Permit Application and Requirements.
a) Every application for a Gas Well Pad Site Permit issued pursuant to this Article shall be
in writing signed by the Operator, or some person duly authorized to sign on its behalf,
and filed with the Town.
b) An application deemed complete by the Town shall include, as a minimum, the following
information:
1) All required applications, including an approved Specific Use Permit (SUP) and
all permit fees and any other applicable fees as set out in the fee schedule
approved by the Town Council.
2) The date of the application and classification of the Gas Well Pad Site Permit
requested.
3) Surface owner name(s) and address of the Gas Well Pad Site property.
4) Applicant/Operator name and address and if the Operator is a corporation, the
state of incorporation, and if the Operator is a partnership, the names and
Gas and Oil Technical Standards Ordinance 4-16-09
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addresses of the general partners.
5) Name and address of individual designated to receive notice.
6) Name of representative(s) with supervisory authority over all gas operation site
activities and a 24-hour phone number.
7) Owner and address of each parcel of property within one thousand (1,000) feet of
the proposed Drill Zone.
8) A Site Plan of the proposed Gas Well Pad Site meeting all of the requirements
contained in this Article and the requirements contained in the Town’s Zoning
ordinances for Site Plans.
9) The name, address and 24-hour phone number of the person to be notified in case
of an emergency.
10) The exact and correct acreage included in the Gas Well Pad Site Permit
application.
11) An original executed Road Maintenance Agreement, signed and approved by the
Town Manager and filed with the Town Secretary, that provides that the
Operator shall repair, at the Operator’s sole expense, any damage, as may be
determined by the Town, to Right-of-Ways caused by the use of vehicles for any
activity associated with the preparation, drilling, production, and operation of
Gas Wells. The Road Maintenance Agreement may also cover improvements to
Right-of-Ways required for the Operator to service hits Gas Well during well
drilling and Well production and that said improvements may be required to be
completed by the Operator before drilling and/or production can commence.
12) A statement, under oath, signed by the Operator, or designated representative, that
the information submitted with the application is, to the best knowledge and
belief of the Operator or designated representative, true and correct.
13) For Gas Well Pad Sites desiring to reduce setbacks, all applicable Adjacent
Property Owner Consent Forms must be included along with the prescribed fee
for their review, validation and filing.
Sec. 56-38. Gas Well Pad Site Setbacks from Protected Uses.
a) Minimum distance from a Drill Zone to a Protected Use. Gas Well Pad Sites shall have
designated Drill Zones that are setback a minimum of one thousand (1,000) feet from all
Protected Uses.
Exceptions:
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1) A Setback Reduction Approval reducing the setback to a distance between one
thousand (1,000) feet and six hundred (600) feet may be authorized by the Town
Council as part of the Specific Use Permit approval process. The Applicant must
show that the reduction is necessary in order to gain access to minerals owned by or
leased to the Applicant. Upon showing evidence that there are no other viable
alternatives that would impact the adjacent property owners to a lesser degree while
still providing access to the minerals, the Town Council may approve a Setback
Reduction Approval authorizing a setback of less than one thousand (1,000) feet but
no less than six hundred (600) feet except as outlined in exception 2 of this section.
For the purposes of determining viability for this section of the code, drilling a
horizontal leg in excess of four thousand (4,000) feet is considered unviable.
2) A Setback Reduction Approval reducing the setback to a distance between six
hundred (600) feet and three hundred (300) feet may be approved by the Town
Council as part of the Specific Use Permit approval process provided that signed
Adjacent Property Owner Consent Forms from all property owners with Protected
Uses that will be less than six hundred (600) feet from the proposed Drill Zone are
obtained by the operator and submitted as part of the Specific Use Permit application.
3) The Drill Zone within a Gas Well Pad Site must be setback a minimum of three-
hundred (300) feet from all adjacent property lines and Right-of-Way lines.
Exceptions:
a. This distance may be reduced with consent from adjacent property owners and
approval by the Town, provided that a minimum three hundred (300) feet setback
from all Protected Uses is maintained.
b. The Town Council may approve a reduction in setback from a right-of-way line if
adequate justification is presented during the Specific Use Permit approval
process.
4) Setbacks for Protected Uses can be established after a Gas Well Pad Site Permit has
been issued. Protected Uses may not be established closer than three hundred (300)
feet from the Drill Zone of a permitted Gas Well Pad Site.
Exception:
Commercial uses may be located within two hundred (200) feet of an existing Drill
Zone.
Sec. 56-39. Gas Well Pad Site Classifications.
a) Gas Well Pad Sites shall be classified as follows:
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1) High Impact Gas Well Pad Site: the Gas Well Pad Site contains a Drill Zone that
is located within six hundred (600) feet of a Protected Use at the time of the filing
of a Gas Well Pad Site Permit application.
2) Urban Gas Well Pad Site: the Gas Well Pad Site contains a Drill Zone that is
located between six hundred (600) feet and one thousand (1000) feet of a
Protected Use at the time of the filing of a Gas Well Pad Site Permit application.
3) Rural Gas Well Pad Site: the Gas Well Pad Site contains a Drill Zone that is
located more than one thousand (1000) feet from a Protected Use at the time of
the filing of a Gas Well Pad Site Permit application.
b) Additional regulations are specific to individual Gas Well Pad Site classifications. In
addition to all of the regulations contained in this Article that are applicable to Gas Well
Pad Sites, the following regulations shall apply to the individual classifications listed:
1) High Impact Gas Well Pad Site Permit.
a. High Impact Gas Well Pad Sites must have physical barriers between the
Drill Zone and any Protected Uses within six hundred (600) feet of the
Drill Zone. The barrier may be earth by natural grade or berms, or other
approved substantial barrier that will provide similar protection from
projectiles, shock waves, fire spread, and radiant heat resulting from an
explosion or fire at the Drill Zone. Berms must be designed, constructed
and landscaped to comply with the requirements for berms in the Town
Edge Zones as regulated by the Zoning Ordinance. Man made barriers,
when approved, must be painted or decorative in nature so as to blend in
with the surrounding walls and landscaping and be approved by the Town
Council as a part of the Specific Use Permit application.
b. The exterior noise level generated by the drilling, re-drilling, re-working
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.
c. Lighting plans with photometric details shall be provided for all High-
Impact Gas Well Pad Sites demonstrating strict compliance with the
Town’s outdoor lighting ordinances.
d. No Gas Well Permit shall be issued for a High Impact Gas Well Pad Site
unless the Gas Well Pad Site is graded in such a way as to comply with the
following:
1. The Gas Well Pad Site shall not drain directly onto adjacent tracts,
parcels or platted lots, without an easement and shall not block or
Gas and Oil Technical Standards Ordinance 4-16-09
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adversely redirect drainage from adjacent tracts, parcels or platted lots.
2. The slope of any fill material shall have a maximum ratio of three (3)
feet horizontal to one (1) foot vertical, unless a retaining wall system is
built.
3. Fill material must be leveled and graded for positive drainage.
4. The placement of fill material may not cause the release of dust and/or
odor, damage any public improvements or public infrastructure, or be
placed in a floodplain or floodway without a floodplain development
permit from the Floodplain Administrator. The placement of fill
material shall not result in flooding or significant increase in runoff to
adjacent properties.
5. Erosion control measures must be implemented to prevent any off-site
migration of silt and sediment.
2) Urban Gas Well Pad Site Permit.
a. Urban Gas Well Pad Sites require all regulations and exceptions contained
within this Article other than those applicable specifically to High Impact
Gas Well Pad Sites or Rural Gas Well Pad Sites.
3) Rural Gas Well Pad Site Permit.
a. Rural Gas Well Pad Sites may be allowed to delay all or part of its
landscape and screening wall installation as approved by the Town
Council provided a specific time schedule is provided as a part of the
Specific Use Permit application. The landscape and screening wall
installation can be required immediately by the Town upon the Final
Platting or issuance of a building permit for a Protected Use located on
any property within the setback requirements for High Impact or Urban
Gas Well Pad Sites.
Sec. 56-40. Gas Well Pad Site Standards.
a) Gas Well Pad Site setbacks:
1) The perimeter of a Gas Well Pad Site must be setback a minimum of seventy-five
(75) feet from an adjacent property line.
Exception:
a. This distance may be reduced with consent from adjacent property owners
Gas and Oil Technical Standards Ordinance 4-16-09
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and approval by the Town.
2) When a Gas Well Pad Site is fronting on one or more Right-of-Ways, the building
setback requirements for the perimeter wall of the Gas Well Pad Site shall be met
as established for that lot by zoning regulations or as approved by the Site Plan as
submitted during the Specific Use Permit approval process.
b) Gas Well Pad Sites in general:
1) All future Gas Wells drilled on a permitted Gas Well Pad Site shall comply with
all the current applicable Gas Well Pad Site classification regulations, including
the notice and landscape provisions, and all other provisions of this ordinance,
except for the distance setback requirements related to Drill Zone separation
from a Protected Use. However, no well shall be drilled closer than three
hundred (300) feet from any Protected Use. The distance shall be calculated
from the Drill Zone, in a straight line, without regard to intervening structures or
objects, to the closest exterior point of the building containing a Protected Use.
Exception:
a. Commercial uses may be located within two hundred (200) feet of an
existing drill zone.
2) No Gas Well Pad Site Permit shall be issued for a Gas Well Pad Site greater than
five (5) acres in surface area or the amount of surface area acreage included in
the Surface Use Agreement, whichever is larger.
3) No Gas Well Pad Site may contain more than one Drill Zone.
4) Any number of wells may be drilled within the Drill Zone of a Gas Well Pad Site.
5) The maximum height of any drilling equipment allowed within a Gas Well Pad
Site is two hundred (200) feet above the average grade of the Gas Well Pad Site.
6) The maximum height of any equipment other than drilling equipment shall be
eight (8) feet above the average grade of the Gas Well Pad Site.
Exceptions:
a. If adjacent grades and or other screening measures will effectively screen
the equipment from view from adjacent properties or right-of-way, the
Town Council may approve a higher limit.
b. Posts or supports for lightning protection may exceed the eight (8) feet
limit by the amount necessary to provide adequate protection for the site
Gas and Oil Technical Standards Ordinance 4-16-09
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provided that a plan is submitted demonstrating the necessity for the
increased height requested and the posts or supports are made of metal,
fiberglass or other approved material.
c. Telemetry equipment may be approved if included in the Site Plan to be
approved with the Specific Use Permit.
7) Perimeter Wall requirements: A perimeter wall of a minimum of eight (8) feet in
height shall be required to enclose and visually screen the Gas Well and all
associated equipment and structures during Post-Drilling operations. Low-
profile equipment or facilities must be used on the production site and must not
exceed the height of the screening wall. Construction materials for the
perimeter wall shall include stone, cast stone, split-face concrete masonry units,
or other masonry materials approved by the Specific Use Permit process.
Wrought Iron fencing, with masonry columns spaced at twenty four (24) feet or
less, may be used in conjunction with vegetation when approved by the Town
Council. A temporary perimeter fence may be approved for all or part of the Gas
Well Pad Site during Drilling Operations if approved during the Specific Use
Permit approval process provided that a time schedule for removal is agreed to
by the Town.
8) Gate Specifications. All masonry perimeter walls shall be equipped with at least
one (1) gate. The gate shall be an architectural gate that is not less than twelve
(12) feet wide and may be composed of two (2) gates, each of which is not less
than six (6) feet wide, or one (1) sliding gate not less than twelve (12) feet wide.
If two (2) gates are used, gates shall latch and lock in the center of the span:
a. The perimeter wall shall have an architectural metal gate that shall remain
locked when the Operator or his employees are not within the enclosure.
b. Operator must provide the Town Fire Chief with a "Knox Padlock" or "Knox
Box with a key" to access the well site to be used only in case of an
emergency.
9) Landscaping, Screening, and Tree Preservation and Mitigation.
a. All Gas Well Pad Sites must meet the landscape
requirements contained within the Town’s Ordinances.
Installation of those portions of the landscaping that will be
located within the proposed perimeter wall of the Gas Well
Pad Site, but outside the proposed perimeter wall of the
Gas Well Production Site, may be delayed until the
transition from drilling to production has been completed
provided that the time schedule for such transition has been
approved by the Town Council as a part of the Operator’s
approved Specific Use Permit.
Gas and Oil Technical Standards Ordinance 4-16-09
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b. All Gas Well Pad Sites must also be landscaped along its
entire perimeter. All of the following landscape
requirements must be met:
1. Tree density. A minimum of six (6) trees are required per
one hundred (100) linear feet of, which may be planted anywhere
within an area between the perimeter wall and a zone forty (40)
feet wide along the outside of the perimeter wall. Credit will be
given for maintaining existing trees as follows: the total number of
trees required by this subsection shall be reduced by the number of
existing trees of equal or greater caliper that are maintained.
2. Tree size. At least sixty percent (60%) of the trees shall be
three (3) inch caliper or greater, and the remainder shall be two (2)
inch caliper or greater.
3. Protected trees. Protected trees (as defined in the Unified
Development Code) that are to be removed from the site shall be
replaced within the site or forty (40) foot surrounding zone if space
permits. If there is not sufficient planting space within the site or
zone to meet the tree replacement requirements, then they may be
planted within other portions of the lot; in the Right-of-Way
median (if present), or on other land or Right-of-Ways in the
subdivision or the town. A sufficient number of trees shall be
planted to equal, in caliper, the diameter of the protected tree(s)
that are removed.
4. In addition to the trees required for Tree Density, the
following landscaping must be installed along the perimeter of
each Gas Well Pad Site:
a. Large evergreen shrubs, with an initial height of three (3)
feet, that will create a solid planting within two (2) years
plus a minimum of one (1) large tree planted per each thirty
(30) linear feet of perimeter wall; or
b. Evergreen trees planted to create a solid planting within
two (2) years at a minimum height of eight (8) feet. Trees
shall be a species of Eldarica Pine, Japanese Black Pine,
Austrian Pine, Red Cedar (male), Leyland Cypress, or other
trees approved by the Town Manager; or
c. Rural Gas Well Pad Sites may install a wrought iron fence
with masonry columns and a berm with evergreen shrubs
planted to create solid planting within two (2) years plus a
Gas and Oil Technical Standards Ordinance 4-16-09
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minimum of one (1) large tree for each thirty (30) linear
feet of the berm. The minimum height of the berm shall be
four (4) feet, measured from the highest existing elevation
of the Gas Well Pad Site. Berm side-slopes shall not exceed
a 3:1 slope (to allow safe mowing and maintenance of the
slope). Evergreen shrubs shall be planted on the berm for
an extra five (5) feet minimum screen height; or
5. Additionally, the landscaping shall include ground cover,
low level plantings, mid level trees and shrubs, and other features
as depicted in the Landscape /Screening Design exhibits contained
in the Gas Well Pad Site Design Guidelines.
a. Tree preservation and mitigation shall be required for all
Gas Well Pad Sites as required by the Town provided that
the Town Council may impose additional tree preservation,
mitigation, or landscape requirements as part of the
Specific Use Permit approval process.
10) The Town Council may alter or waive any of the provisions of this section if the
location and or site conditions are such that compliance with the intent of this
section can still be obtained or will result in the preservation of existing trees or
other desirable natural features.
11) All Gas Well Pad Sites must be accessible by a Fire Apparatus Access Road as
approved by the Fire Department.
Sec. 56-41. Gas Well Permit Required.
a) Gas Well Permit may only be issued for a well to be located within an approved and
completed Gas Well Pad Site. It shall be unlawful for any Person to drill any Gas Well,
or to assist in any way re-working, fracturing or operating any such Gas Well or to
conduct any activity related to the production of Gas without first obtaining a Gas Well
Permit issued by the Town in accordance with this Article.
b) Operator must apply for and obtain a Gas Well Permit for the Drilling, Re-drilling, Re-
entering, Fracturing, Re-working, Abandoning, or Re-Activating of each well on the
approved Gas Well Pad Site.
c) An approved Gas Well Permit shall not constitute authority for the Drilling, Re-drilling,
Re-entering, Fracturing, Re-working, Abandoning, or Re-Activating of an Abandoned
Well. An Operator shall obtain a new Gas Well Permit if the Operator is re-entering and
drilling an Abandoned Well.
d) When a Gas Well Permit has been issued to the Operator for the Drilling, Re-drilling, Re-
Gas and Oil Technical Standards Ordinance 4-16-09
26
entering, Fracturing, Re-working, Abandoning, or Re-Activating of a well, such Gas Well
Permit shall constitute sufficient authority for drilling, operation, production gathering or
production maintenance, or repair, of the Gas Well.
e) Any person who intends to Re-work a permitted Gas Well after initial completion shall
obtain a permit and give written notice to the Gas Inspector no less than ten (10) days
before the Drilling, Re-drilling, Re-entering, Fracturing, Re-working, Abandoning, or Re-
Activating activities begin. The notice must identify where the activities will be
conducted and must describe the activities in detail, including 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. If required by
the Gas Inspector, the person conducting the Re-working 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 a Re-working permit is
issued, all Re-working Operations will be conducted within the conditions of the original
Gas Well Permit.
f) A Gas Well Permit shall be valid for the purpose of drilling or Re-Drilling for a period of
one (1) year from the date of issuance. A new Gas Well Permit shall be required for
Drilling, Re-drilling, Re-entering, Fracturing, Re-working, Abandoning, or Re-Activating
that occurs in any subsequent year. Gas Well drilling equipment shall not be allowed to
be located within a Gas Well Pad Site or Gas Well Production Site without a valid Gas
Well Permit.
g) The Gas Well Permits required by this Article are in addition to and are not in lieu of the
Gas Well Pad Site Permits or of any other permit which may be required by any other
provision of this Code or by any other governmental agency.
h) No Gas Well Permit shall be issued for any Gas Well to be drilled within or upon any
Town owned property without the prior consent of the Town Council. The Town Council
may require additional insurance and security requirements above and beyond the limits
established in this Ordinance.
i) A floodplain development permit as required by the Town’s ordinances and approved by
the Floodplain Administrator shall be required prior to the approval of a Gas Well Permit
for any drill site within an area of special flood hazard.
Sec. 56-42. Gas Well Permit Application, Requirements and Filing Fees.
a) Every application for a Gas Well Permit issued pursuant to this Article shall be in writing,
signed by the Operator, or some person duly authorized to sign on his behalf, and filed
with the Gas Inspector.
b) The application shall include, as a minimum, the following information:
Gas and Oil Technical Standards Ordinance 4-16-09
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1) The date the application is submitted.
2) Proposed well name.
3) The approved Gas Well Pad Site Permit and its approved Specific Use Permit.
4) Updated surface owner name(s) and address of the pad site property if this has
changed since the approval of the Gas Well Pad Site Permit.
5) Applicant/Operator name and address and if the Operator is a corporation, the
state of incorporation, and if the Operator is a partnership, the names and
addresses of the general partners.
6) Updated name and address of individual designated to receive notice if this has
changed since the approval of the Gas Well Pad Site Permit.
7) Updated name of representative with supervisory authority over all gas operation
site activities and a 24-hour phone number if this has changed since the
approval of the Gas Well Pad Site Permit.
8) Copies of all reports required or provided by the Rail Road Commission as
requested by the Gas Inspector.
9) Evidence of meeting all insurance and security requirements of this Article.
10) A statement, under oath, signed by the Operator, or designated representative, that
the information submitted with the application is, to the best knowledge and
belief of the Operator or designated representative, true and correct.
11) The Emergency Response Plan for this Gas Well Pad Site as required in this
Ordinance.
c) All required applications and Gas Well Permit fees as set out in the fee schedule approved
by the Town Council.
Sec. 56-43. Standards for Gas Well Drilling and Production.
a) On-Site Requirements.
1) Abandoned Wells. All wells shall be abandoned in accordance with the rules of
the Commission and pursuant to this Article.
2) Blowout Prevention. In all cases, blowout prevention equipment shall be used on
all Gas Wells being drilled, worked-over or in which tubing is being changed.
Protection shall be provided to prevent blowout during gas operations as
Gas and Oil Technical Standards Ordinance 4-16-09
28
required by and in conformance with the requirements of the Commission and
the recommendations of the American Petroleum Institute. The Operator must
equip all drilling Gas Wells with adequate blowout preventers, flow lines and
valves commensurate with the working pressures involved as required by the
Commission.
3) Discharge. No Person shall place, deposit, discharge, cause or permit to be placed,
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
Right-of-Way without permits from the appropriate Town.
4) Drilling Notice. The Operator shall provide 48-hour notice to the Gas Inspector
before the start of Drilling Operations.
5) 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.
6) 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 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.
The site or structures thereon shall not 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.
7) Electric Lines. All electric lines to Drilling and production facilities shall be
located underground.
8) Hazardous Material and Site Safety Plan. Prior to the commencement of any Gas
production activities, Operator shall submit to the Gas Inspector this plan
establishing written procedures to minimize any hazard resulting from drilling,
completion or production of Gas Wells. Said plan shall use existing guidelines
established by the Commission, TCEQ, Federal or State agencies and Town Fire
Code. A copy of this plan shall be kept on site.
9) Equipment Painted. All production equipment on the site shall be properly painted
and maintained at all times, including, but not limited to, pumping units, storage
Gas and Oil Technical Standards Ordinance 4-16-09
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tanks, buildings and structures.
10) Fire Notice. In the event of a fire or discovery of a fire, smoke, or unauthorized
release of flammable or hazardous materials on any property, the Operator shall
immediately report such condition to the fire department in accordance with the
Town Fire Code. The reporting limits for hazardous materials release shall
conform to the requirements of the Commission and not exceed any state or
federal permitting limit. A copy of the hazardous materials release records
required by TCEQ shall be forwarded to the Fire Chief on an annual basis.
11) Fire Prevention; Sources of Ignition. Firefighting apparatus and supplies as
approved by the Fire Department and required by any applicable federal, state,
or Town Ordinance 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 Gas Well shall be equipped with an
automated valve that closes the Gas Well in the event of an abnormal change in
operating pressure. All Gas Well heads shall contain an appropriately labeled
emergency shut-off valve to the Gas Well distribution line.
12) Firefighter Training and Equipment. Each Operator shall be required, at the
option of the Fire Chief, to provide training and instruction to the Fire
Department regarding Gas Well safety and emergency management protocol.
Each permit application for a Gas Well Pad Site permit or Gas Well Drilling
permit shall include a fee to be used to cover the expenses incurred or
anticipated for Firefighter training and equipment acquisition or replacement.
The fees shall be set out in the fee schedule approved by the Town Council. All
costs associated with responding to an incident at a Gas Well Site including
supplies, materials, and/or personnel shall be reimbursed by the Operator to the
responding agencies.
13) Fraccing Operations. All formation fracture stimulation operations shall be
conducted during Daytime hours unless the Operator has notified and obtained
written permission in advance from the Gas Inspector or the Administrator for
operations during Nighttime hours. The following requirements shall apply to
all fracture stimulation operations performed on a Gas Well Pad Site:
a. At least forty eight (48) hours before operations are commenced, the
Operator shall notify the Gas Inspector and post a sign at the entrance of
the well site advising the public of the date the operations will commence;
b. Flow back Operations to recover fluids used during fracture stimulation
shall be exempt from work hour restrictions;
c. A watchman shall be required at all times during such operations; and
Gas and Oil Technical Standards Ordinance 4-16-09
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d. At no time shall the Gas Well be allowed to flow or vent directly to the
atmosphere.
14) Fresh Water Wells. All water wells require a permit from the Town prior to
drilling. It shall be unlawful to drill any Gas Well, the center of which, at the
surface of the ground, is located within two hundred (200) feet of any existing
fresh water well. The measurement shall be in a direct line from the closest well
bore to the fresh water well bore.
a. The Operator of a Gas Well shall provide the Gas Inspector with a pre-
drilling and Post-Drilling water analysis and flow rate from any existing
fresh water well within five hundred (500) feet of the Gas Well.
b. An Operator may drill a fresh water well, in compliance with State law
and Town ordinances.
c. A copy of the Texas Water Development Board permit shall be provided to
the Gas Inspector along with the geographic coordinates of every water
well within five hundred (500) feet of the well bore.
d. A copy of all plugging and abandonment reports filed with the state and/or
transfer of ownership notice shall be provided to the Gas Inspector.
e. The Operator of a Gas Well shall provide the Gas Inspector with a Pre-
Drilling and Post-Drilling water analysis from the fresh water well if the
well is transferred to private or public use.
15) Gas Lift Compressor. Any on-site compressor used to lift Gas from the well to
the Gas collection system shall be designed to comply with the noise
requirements of this Article. Off-site compressor stations are prohibited.
16) Gas emission or burning restricted. No Person shall allow, cause or permit Gas to
be vented into the atmosphere or to be burned by open flame. All wells must be
Green Wells as defined in this chapter.
Exception:
a. Flaring may be allowed for up to five (5) days, provided that the flames
are shielded from view from adjacent properties, provisions are made to
comply with the noise limitations, and permission is granted in writing by
the Gas Inspector.
17) Gas Processing On-site. No refining process or any process for the extraction of
hydrocarbon products shall be performed at a drill site or operation site, except
that a separator may be maintained for the separation of liquids from gas. A
separator may serve more than one Gas Well, provided that all wells served by a
Gas and Oil Technical Standards Ordinance 4-16-09
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separator are located on the same Gas Well Pad Site.
18) Grass, Weeds, Trash. All drill and operation sites shall be kept clear of high grass,
weeds, and combustible trash at all times.
19) 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 Right-of-Ways,
adjacent property or property in the general vicinity of the operation site. Unless
approved otherwise in the Specific Use Permit, site lighting shall be shielded
and directed downward and internally so as to avoid glare on streets and
adjacent dwellings and buildings within three hundred (300) feet of the pad site.
Lighting for all drilling and production operations shall comply with the lighting
plan for the Gas Well Pad Site, which as a minimum, shall comply with the
standards as set out in the Town’s Ordinances.
20) Muffling Exhaust. Exhaust from any internal combustion engine or compressor,
stationary or mounted on wheels, used in connection with the drilling of any
Gas 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 disruptive vibrations and prevent the escape of obnoxious
gases, fumes or ignited carbon or soot.
21) Water Pits. No fresh water pit may be placed in any Town recognized drainage
way, FEMA floodplain or floodway. Construction of the fresh water pit must
comply with all Town, state and federal regulations. Fresh water fraccing pits,
not transferred to the surface owner, shall be closed and the site restored within
one hundred twenty (120) days after completion of Drilling Operations have
ceased, unless extended by the Gas Inspector or unless required as stipulated in
the Operator’s approved Site Plan for the Gas Well Pad Site as a permanent
landscape feature.
22) Private Roads and Drill Sites. Prior to the commencement of any Drilling
Operations, all private roads used for access to the drill site and the operation
site itself shall be at least twenty-four (24) feet wide, drain appropriately, have
an overhead clearance of fourteen (14) feet and shall have an all-weather
surface as approved by the Town as set out in the approved Specific Use Permit
and the approved Gas Well Pad Site Permit. The Operator shall install truck
shakers along the private access road to remove mud from vehicles prior to
entering the paved section of the access road. Watering, wetting or other
methods or materials must be used to control the dust on all roads adjacent to
residential property, schools, parks or public property as required by the Town.
23) Saltwater Disposal Wells. Commercial Saltwater Disposal Wells are prohibited.
Non-commercial Saltwater Disposal Wells that are ancillary to the Gas Wells
located within an individual Gas Well Pad Site must be shown on the Site Plan
Gas and Oil Technical Standards Ordinance 4-16-09
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when applying for a Specific Use Permit.
24) Signs.
a. A sign shall be immediately and prominently displayed at the gate on the
temporary site fencing and the permanent perimeter wall as applicable.
Such sign shall be durable material, maintained in good condition and,
unless otherwise required by the 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) Gas Well name and number;
2) Address as provided by the Town of Westlake.
3) Name of Operator;
4) The emergency 911 number; and
5) Telephone numbers of two (2) persons responsible for the Gas
Well, who may be contacted in case of emergency.
b. Permanent weatherproof signs reading "DANGER NO SMOKING OF
OPEN FLAME ALLOWED IN THIS AREA” “PELIGRO: NO
FUMAR - NO INCIAR LLAMA EN ESTA AREA” shall be posted
immediately upon completion of the Gas Well site fencing at the
entrance of each Gas Well site and tank battery or in any other location
approved or designated by the Gas Inspector. 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 and the
Gas Well lease designations required by the Commission.
c. National Fire Prevention Association (NFPA) 704 diamond hazard
identification signs are required on each tank and at the entrance to the
site adjacent to the Operator's sign. A label must be located on each
tank indicating exact chemicals that may be contained in the tank. Text
shall be minimum six (6) inches in height, contrasting with the
background color.
25) 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 Gas 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
Gas and Oil Technical Standards Ordinance 4-16-09
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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 Department shall be the entity that determines whether any equipment
on the site shall constitute a fire hazard.
26) Storage Tanks. All tanks and permanent structures shall conform to the American
Petroleum Institute specifications unless other specifications are approved by
the Fire Chief. The top of the tanks shall be no higher than eight (8) feet above
the terrain surrounding the tanks, but in no case shall tanks extend beyond or be
visible above the screening wall. All storage tanks shall be equipped with a
secondary containment system including lining with an impervious material.
The secondary containment system shall be of sufficient height to contain one
and one-half (1 ½) times the contents of the largest tank in accordance with the
Town’s Fire Code, and buried at least one (1) foot. Drip pots shall be provided
at the pump out connection to contain the liquids from the storage tanks.
a. Temporary flow back tanks shall be removed within ninety (90) days after
completion of the Gas Wells at the Gas Well Pad Site unless written
permission is obtained from the Gas Inspector to extend the time period
for no more than thirty (30) days.
b. All tanks shall be set back pursuant to the standards of the Commission
and the National Fire Protection Association, but in all cases, shall be at
least fifty (50) feet from any public street, road, highway or future street,
or right-of-way and fifty (100) feet from a structure. 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. All safety valves shall be tested annually.
c. A floodplain development permit approved by the Floodplain
Administrator shall be required to place storage tanks or separation
facilities within an area of special flood hazard.
d. Tanks and Tank Battery Facilities shall be equipped with a lightning
arrestor system.
27) Surface Casing. Surface casing shall be run and set in full compliance with the
applicable rules and regulations of the Commission.
28) Valves. Each Gas Well must have a shutoff valve to terminate the well's
production. The Fire Department shall have twenty four (24) hour access to the
Gas Well site and the shut-off valve in an emergency.
29) Waste Disposal. Unless otherwise directed by the Commission, all tanks used for
storage shall conform to the following:
Gas and Oil Technical Standards Ordinance 4-16-09
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a. Operator must use portable closed steel storage tanks for storing liquid
hydrocarbons. Tanks must meet the current 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 located within three
hundred (300) feet of any Protected Use.
b. A Closed Loop Mud System shall be used instead of lined reserve pits. No
drilling fluid, mud, storage or reserve pits shall be located within the
Town, except steel containers used in a closed loop mud system. All
disposals must be in accordance with the rules of the Commission and any
other appropriate Town, State or Federal agency.
c. Unless otherwise directed by the 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.
d. 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 Article and any
other applicable ordinance of the Town.
30) Watchman. The Operator must keep a watchman or security personnel on site
during the Drilling or re-working of a Gas Well. A record shall be kept of all
personnel entering and leaving the site and said record shall be available to the
Town upon request.
31) Wellhead Status after Fraccing. All wellheads waiting on completion, for a period
greater than ten (10) days, shall be:
a. Completed through the production casing flange with a metal plate or
blind flange bolted across the head;
b. Surrounded with a six (6) feet tall chain link fence having a gate and lock;
c. The cellar shall be filled or closed; and
d. The Bradenhead shall be piped to the surface and open to the atmosphere
or have an observable and adequate pressure gauge with operable test
valve.
32) Work Hours for Site Development. No construction activities involving
excavation of demolition, of alteration to, or repair work on any access road or
pad site, shall occur during nighttime hours or at any time on Sunday.
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33) Noise.
a. No Gas Well shall be Drilled, Re-Drilled or any equipment operated at any
location within the Town in such a manner so as to create any noise which
causes the exterior noise level when measured at the nearest Protected Use
from the receiver's/receptor's property line or one hundred (100) feet from
the nearest Protected Use structure (as 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.
Fraccing 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.
b. The Operator shall be responsible for establishing and reporting to the
Town 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.
c. Daytime hours adjustments to the noise standards as set forth above in
subsection (a) of this section may be permitted, if requested in writing and
approved by the Gas Inspector, in accordance with the following:
Permitted Increase Duration of increase
(dba) (minutes)*
5 15
10 5
15 1
20 less than 1
*Cumulative minutes during any one hour.
d. All Work-Over Operations shall be restricted to Daytime Hours. Work-
Over Operations shall mean work performed on a Gas Well after its
completion in an effort to secure production where there has been none,
restore production that has ceased, or increase production.
e. Acoustical blankets, sound walls, mufflers or other alternative methods as
approved by the Gas Inspector may be used to ensure compliance. All
soundproofing shall comply with accepted industry standards and shall be
subject to approval by the Town.
f. The sound level meter or an instrument and the associated recording and
analyzing equipment which will provide equivalent data used in
Gas and Oil Technical Standards Ordinance 4-16-09
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conducting noise evaluations shall meet the American National Standard
Institute's Standard for sound meters.
g. During Nighttime operations for High Impact and Urban Gas Well Pad
Sites, 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 operations noise control
requirements.
34) Gas Well Setbacks. It shall be unlawful to drill any well, the center of which, at
the surface of the ground, is located:
a. Outside the boundaries of the Drill Zone as shown on the approved SUP
Site Plan for an approved Gas Well Pad Site.
b. Within twenty five (25) feet of any storage tank, or source of ignition;
c. Within one hundred (l00) feet of any building, accessory to, but not
necessary to the operation of the Gas Well; or
d. Within two hundred (200) feet of any fresh water well not drilled by the
Operator as a specific source of water used for drilling or completion
operations without the express written permission of the owner of the
water well. The measurement shall be in a direct line from the closest well
bore to the fresh water well bore. The distance requirement for fresh water
wells is subject to the Commission regulations and any other State or
Federal requirements. The distance shall be calculated from the well bore,
in a straight line, without regard to intervening structures.
36) Tank Batteries, Tanks, and Gas Well facilities shall be fully screened and located
within the perimeter walls of a Gas Well Pad Site or Gas Well Production Site
and at least three hundred (300) feet from any Protected Use for which a
building permit has been issued on the date of the application for which a
drilling permit is filed. The distance shall be calculated from the closest tank
batteries, well facilities and/or equipment, in a straight line, without regard to
intervening structures or objects, to the closest exterior point of the building.
37) Gas Well Completion and Inspection Permit/Tank and Tank Battery Permit. No
Gas Well shall be placed into production without an inspection by the Gas
Inspector to certify compliance with all Specific Use Permit, Gas Well Pad Site
Gas and Oil Technical Standards Ordinance 4-16-09
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Permit, and Gas Well Permit conditions. Fees for these permits, as well as their
annual renewal, shall be paid as set by the Town Council.
38) Installation of Pipelines on, under or across Public Property. The Operator shall
apply to the Town, and pay all applicable fees, for a license to place a pipeline
on, over, under, along or across the Town Rights-of-Way, and other Town
property for the purpose of constructing, laying, maintaining, operating,
repairing, replacing and removing pipelines. Operator shall:
a. 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.
b. Furnish to the Gas Inspector a plat showing the location of such pipelines.
c. Construct such lines or cause same to be constructed out of new pipe.
d. Grade, level and restore such property to the same surface condition, as
nearly as practicable, as existed when operations for the Drilling of the
Gas Well were first commenced. No Gas Well Permit shall be issued for
any Gas Well to be drilled within any Right-of-Way and no Right-of-Way
shall be blocked or encumbered or closed due to any exploration, Drilling
or production operations unless prior consent is obtained from the Gas
Inspector and Fire Department. Any consent shall be temporary in nature
and state the number of hours and/or days that any Right-of-Way may be
blocked, encumbered or closed.
Sec. 56-44. Insurance and Indemnification.
The Operator shall provide or cause to be provided the insurance described below for each Gas
Well for which a Gas Well Permit is issued; such insurance to continue until the Gas Well is
abandoned and the site restored. The Operator may provide the required coverage on a blanket
basis for multiple Gas Wells. The Town Manager shall approve such coverage.
a) General requirements.
1) All insurance policies shall be endorsed to read "this policy will not be cancelled
or non-renewed without a minimum 30 days advanced written notice to the
Owner and the Town of Westlake except when this policy is being cancelled for
nonpayment of premium, in which case ten (10) days advance written notice is
required.”
2) Liability policies shall be written by carriers licensed to do business in the State of
Texas and with companies with A: VIII or better rating in accordance with the
current Best Key Rating Guide.
Gas and Oil Technical Standards Ordinance 4-16-09
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3) Liability policies shall name as additional insured the Town of Westlake and its
officials, agents and employees. Waivers of subrogation shall be provided in
favor of all Indemnified Parties.
4) Certificates of insurance must be presented to the Town evidencing all coverages
and endorsements required by this article, and the acceptance of a certificate
without the required limits and/or coverages shall not be deemed a waiver of these
requirements. Fees required for insurance policy review, as may be established by
the Town Council shall be paid at the time of presentation of the initial insurance
coverage certificates as well as annually at the time of certificate presentation
proving insurance policy renewal in accordance with the policy limits set by this
Article.
5) Claims made policies will not be accepted except for excess policies or unless
otherwise provided by this Article.
b) Indemnification and express negligence provisions.
1) Each Gas Well Permit issued by the Town shall include the following language:
“Operator does hereby expressly release and discharge all claims, demands,
actions, judgments, and executions which it ever had, or now have or may have,
or which it’s assigns may have, or claim to have, against the Town, and/or its,
agents, officers, attorneys, 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, its elected and appointed officials, and its agents, officers, servants,
attorneys, employees, successors, assigns, sponsors, or 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, its elected and appointed officials, its agents,
officers, servants, or employees, including, without limitation, personal injuries
and death in connection therewith which may be made or asserted by Operator, its
agents, assigns, or any third parties on account of, arising out of, 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 agrees to indemnify and hold
harmless the Town and/or its departments, officers, agents, servants, attorneys,
employees, successors, assigns, sponsors, or volunteers from any liabilities or
damages suffered as a result of claims, demands, costs, or judgments against the
Town, its elected and appointed officials, and/or its departments, officers, agents,
servants, or employees, created by, or arising out of the acts or omissions of the
Gas and Oil Technical Standards Ordinance 4-16-09
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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 sole negligence 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. 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, its elected and appointed
officials, and its agents, officers, servants, attorneys, or employees from the
consequences of the negligence of the Town of Westlake, Texas and/or its
departments, agents, officers, servants, attorneys, or employees, whether that
negligence is the sole or contributing cause of the resultant injury, death, and/or
damage. Nothing provided herein shall be construed as waiving the Tow of
Westlake’s immunity or any other defense.
c) Required insurance coverages.
1) Commercial general liability insurance.
a. Coverage should be a minimum combined single limit of ten million
dollars ($10,000,000.00) per occurrence for bodily injury and property
damage. This coverage must include premises, operations, blowout or
explosion products, completed operations, blanket contractual liability,
underground property damage, broad form property damage, independent
contractor's protective liability and personal injury.
b. Environmental impairment (or seepage and pollution) shall be either
included in the coverage or written as separate coverage. Such coverage
shall not exclude damage to the lease site. If environmental impairment (or
seepage and pollution) coverage is written on a claims made basis, the
policy must provide that any retroactive date applicable precedes the
effective date of the issuance of the permit. Coverage shall apply to
sudden and non-sudden 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.
Coverage shall be a minimum combined single limit of one million dollars
($1,000,000.00) per occurrence.
2. Automobile liability insurance. Minimum combined single limit of one million
dollars ($1,000,000.00) per occurrence for bodily injury and property damage.
Such coverage shall include owned, non-owned, and hired vehicles.
3. Worker's compensation insurance. In addition to the minimum statutory
requirements, coverage shall include employer's liability limits of at least five
hundred thousand dollars ($500,000.00) for each accident, one hundred thousand
dollars ($100,000.00) for each employee, and a five hundred thousand
($500,000.00) policy limit for occupational disease, and the insurer agrees to
Gas and Oil Technical Standards Ordinance 4-16-09
40
waive rights of subrogation against the Town, its officials, agents, and employees
for any work performed for the Town by the Operator.
4. Excess (or umbrella) liability insurance. Minimum limit of twenty million dollars
($20,000,000.00) covering in excess of the preceding insurance policies.
5. Control of well insurance.
a. Minimum limit of five million dollars ($5,000,000.00) per occurrence.
b. Policy shall cover the cost of controlling a Gas Well that is out of control,
redrilling or restoration expenses, and seepage and pollution damage.
Damage to property in the Operator's care, custody, and control with a
sub-limit of five hundred thousand ($500,000.00) may be added.
Sec. 56-45. Bond or Irrevocable Letter of Credit.
a) Prior to the issuance of a Gas Well Permit the Operator shall provide the Gas
Inspector with a security instrument in the form of a bond or an irrevocable letter of
credit as follows:
1) Bond. A Bond shall be executed by a reliable bonding or insurance institution
authorized to do business in Texas and acceptable to the Town. 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 Gas Well is plugged and
abandoned and the site is restored, whichever occurs first. The Operator shall be
listed as principal and the instrument shall run to the Town, as obligee, and shall
be conditioned that the Operator will comply with the terms and regulations of
this Article and the Town. The original Bond shall be submitted to the Gas
Inspector with a copy of the same provided to the Town Secretary.
2) 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 Letter of Credit shall remain in force and effect for at
least a period of six (6) months after the expiration of the Gas Well Permit term. If
the Letter of Credit is for a time period less than the life of the Gas Well as
required by this Article, the Operator must agree to either renew the Letter of
Credit or replace the Letter of Credit with a Bond in the amount required by this
Article, on or before forty five (45) days prior to the expiration date of the Letter
of Credit. If the Operator fails to deliver to the Town either the renewal Letter of
Credit or replacement Bond in the appropriate amount on or before forty five (45)
days prior to the expiration date of the Letter of Credit, the Town may draw the
entire face amount of the attached Letter of Credit to be held by the Town as
security for Operator's performance of its obligations under this Article. The Town
Gas and Oil Technical Standards Ordinance 4-16-09
41
shall be authorized to draw upon such Letter of Credit to recover any fines or
penalties assessed under this Article. Evidence of the execution of a Letter of
Credit shall be submitted to the Gas Inspector by submitting an original signed
Letter of Credit from the banking institution, with a copy of the same provided to
the Town Secretary.
3) The principal amount of any security instrument (Bond or Letter of Credit) shall
be fifty thousand dollars ($50,000) for any single Gas Well. If, after completion of
a Gas Well, the Applicant/Operator, who initially posted a fifty thousand dollar
($50,000) Bond or Letter of Credit, has complied with all of the provisions of this
Article and whose Gas Well is in the producing stage and all Drilling Operations
have ceased, may submit a written request to the Gas Inspector for approval to
reduce the existing Bond or Letter of Credit to fifteen thousand dollars ($15,000)
for the remainder of the time the Gas Well produces without reworking. During
reworking operations, the amount of the Bond or Letter of Credit shall be
maintained at fifty thousand dollars ($50,000). An Operator drilling or reworking
between one (1) and five (5) Gas 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 dollars ($150,000). If the Operator drills or reworks more
than five (5) wells at a time, the blanket Bond or Letter of Credit shall be
increased in increments of fifty thousand dollars ($50,000) per each additional
Gas Well. Once the Gas Wells are in the producing stage and all Drilling
Operations have ceased, the Operator may elect to submit a written request to the
Gas Inspector for approval to reduce the existing Bond and provide a blanket
Bond or Letter of Credit for the remainder of the time the Gas Well produces,
without reworking, as follows:
Blanket Bond/Letter of Credit
Number of Producing Gas Wells Amount Required
Up to 75 Gas Wells $1,000,000
75 to 150 Gas Wells $2,000,000
More than 150 Gas Wells $5,000,000
If at any time after no less than a fifteen (15) day written notice to the Operator
and a public hearing, the Town Council 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
dollars ($250,000) per Gas Well.
4) Whenever the Gas Inspector finds that a default has occurred in the performance
of any requirement or condition imposed by this Article, 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 Gas 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 Town one hundred
Gas and Oil Technical Standards Ordinance 4-16-09
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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 Town shall be authorized to
immediately draw against any irrevocable Letter of Credit or Bond to recover
such amount due from the Operator. Upon receipt of such monies, the Town may
proceed by such mode as deemed convenient by the Town 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 Commission, such additional
money may be demanded from the Operator as is necessary to properly plug and
abandon the Gas Well and restore the drill site in conformity with the regulations
of this Article.
5) In the event the Operator does not cause the work to be performed and fails or
refuses to pay over to the Town 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 Town against the applicable irrevocable Letter of Credit or Bond, the
Town may proceed to obtain compliance and abate the default by way of legal
action against the Operator.
6) When the Gas Well or Wells covered by said irrevocable Letters of Credit or Bond
have been properly abandoned in conformity with all regulations of this Article,
and in conformity with all regulations of the Commission and written notice to
that effect has been received by the Town, 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.
Sec. 56-46. Gas Inspector.
a) The Administrator shall designate the Gas Inspector(s) who shall enforce the provisions
of this Article. The Inspector shall have the authority to issue any orders or directives
required to carry out the intent and purpose of this Article and its particular provisions.
Failure of any person to comply with any such lawful order or directive shall constitute a
violation of this Article.
b) The Gas Inspector shall have the authority to enter and inspect any premises covered by
the provisions of this Article to determine compliance with the provisions of this Article
and all applicable laws, rules, regulations, standards, or directives of the State or Federal
governments. Failure of any person to permit lawful access to the Gas Inspector or Fire
Marshal shall constitute a violation of this Article.
c) The Gas Inspector shall conduct inspections of all permitted Gas Wells in the Town to
determine compliance with this Article and all regulations of the Commission. The Gas
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Inspector shall conduct periodic inspections at least once a year of all permitted Gas
Wells in the Town to determine that the wells are operating in accordance within proper
safety parameters as set out in this Article and all regulations of the Commission.
d) The Gas Inspector shall have the authority to request and receive any records, including
any records sent to the Commission, logs and reports relating to the status or condition of
any permitted Gas Well related to the health, safety and operations of the Gas Well.
Failure of any person to provide any such requested material shall be a violation of this
Article.
Sec. 56-47. Operator’s Agent.
Every Operator of any Gas Well shall designate an agent, who is a resident of the State of Texas,
upon whom all orders and notices provided in this Article may be served in person or by
registered or certified mail. Every Operator so designating such agent shall within ten (10)
business days notify the Town Secretary in writing of any change in such agent or such mailing
address unless operations within the Town are discontinued.
Sec. 56-48. Periodic Reports.
a) The Operator shall notify the Town of any change to the following information within
one (1) business day after the change occurs.
1) The name, address, or phone number of the Operator; or
2) The name, address, or twenty-four (24) hour phone number of the person(s) with
supervisory authority over Drilling, production, or operations activities.
b) The Operator shall notify the Town of any change to the following information within ten
(10) business day after the change occurs.
1) The name, address, or phone number of the person designated to receive notices
from the Town, which person must be a resident of Texas that can be served in
person or by registered or certified mail; or
2) The Operator’s Emergency Action Response Plan including drive-to maps from
Rights-of-Way to each area covered by the applicable Gas Well Permit and
associated Site Plan.
c) The Operator shall provide a copy of any incident reports or written complaints submitted
to the Commission or any other state or federal agency within fifteen (15) days after the
Operator has notice of the existence of such reports or complaints.
d) Beginning on December 31st after each Gas Well is completed, and continuing on each
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December 31st thereafter until the Operator notifies the Town that the Gas Well has been
abandoned and the site restored, the Operator shall prepare a written report to the Town
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 Town.
Sec. 56-49. Transfer of Gas Well Permits.
a) A Gas Well Permit may be transferred upon written request by the Operator with the
consent of the Town:
1) If the transferee agrees to be bound by the terms and conditions of the current Gas
Well Permit and the Road Repair Agreement;
2) If all information previously provided to the Town as part of the current Gas Well
permit application is updated to reflect any changes; and
3) If the transferee provides the insurance and security required by this Article, and
all permits, licenses, and fees due at the time of transference, including a Gas Well
transference review fee as established by the Town Council. The insurance and
security provided by the transferor shall be released if a copy of the written
transfer is provided to the Town. The transfer shall not relieve the transferor from
any liability to the Town arising out of any activities conducted prior to the
transfer.
Sec. 56-50. Cleanup and Maintenance.
a) Cleanup after well servicing. After the Gas 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 public property caused by such operations within sixty
(60) 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 Town Fire Chief
and the Gas Inspector 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 immediately, the Gas Inspector or Fire Chief may then employ
any cleanup expert or experts or other contractors or suppliers of special services, or may
incur any other expenses for labor and material which the Gas Inspector deems necessary
to clean-up such spill, leak or malfunction.
c) Free from debris. The Right-of-Way entrance and property on which a Gas Well site is
located shall at all times be kept free of mud, debris, pools of water or other liquids,
contaminated soil, weeds, brush, trash or other waste material within a radius of one
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hundred (100) feet around any separators, tanks and producing wells.
d) Painting. All production equipment shall be painted and maintained at all times, including
wellheads, pumping units, tanks, secondary containment and buildings or structures.
When requiring painting of such facilities, the Gas Inspector 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 and unobtrusive
shades of black or dark green.
e) Blowouts. In the event of the loss of control of any Gas Well, Operator shall immediately
take all reasonable steps to regain control regardless of any other provision of this Article
and shall notify the Gas Inspector as soon as practicable. The Gas Inspector shall certify
in writing, briefly describing the same, to the Town Manager. If the Gas Inspector, 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 Gas Well, the Gas Inspector may then employ
any Gas 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 Gas Inspector
deems necessary to regain control of such Gas Well. The Town shall then have a valid
lien against the interest in the Gas Well of all working interest owners to secure payment
of any expenditure made by the Town pursuant to such action of the Gas Inspector in
gaining control of said Gas Well.
Sec. 56-51. Plugged and Abandoned Wells.
a) Surface requirements for plugged and abandoned Gas Wells. Whenever abandonment
occurs pursuant to the requirements of the Commission, the Operator so abandoning shall
be responsible for the restoration of the Gas Well site to its original condition as nearly as
practicable, in conformity with the regulations of this Ordinance.
b) Abandonment shall be approved by the Gas Inspector after payment of an abandonment
inspection fee and after restoration of the drill site has been accomplished in conformity
with the following requirements at the discretion of the Gas Inspector:
1) 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 Drill Site,
unless otherwise directed by the Commission;
Gas and Oil Technical Standards Ordinance 4-16-09
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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
Article.
c) Abandoned Gas Well requirement. The Operator shall furnish the following to the Gas
Inspector:
1) A copy of the W-3A Notice of intention to Plug & Abandon and W-3 Plugging
Record forms on the same date these forms are submitted to the Commission; and
2) Prior 48-hour 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;
3) All Gas Wells shall be abandoned in accordance with the rules of the
Commission; however, all Gas Well casings and cellars shall be cut and removed
to a depth of at least three (3) feet below the surface. A permanent abandonment
marker pipe, with the Gas Well identity and location permanently inscribed, shall
be welded to the casing and shall be at least four (4) inches in diameter with a
length of four (4) feet visible above the ground level.
4) Abandonment requirements prior to new construction. All abandoned Gas Wells
or Drill Sites shall meet the most current abandonment requirements of the
Commission prior to the issuance of any building permit for development of the
property. No structure shall be built over an abandoned Gas Well.
Sec. 56-52. Technical Advisor.
The Town 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 Town on such matters relating to Gas
operations within the Town as the Town may want or require and the effect thereof, both present
and future, on the health, welfare, comfort and safety of the citizens of the Town. In the event
such Technical Advisor(s) is employed for the purpose of advising, counseling or representing
the Town relative to an Operator's unique and particular set of circumstances, case or request
relating to this Article, then the cost for such services plus an administrative processing fee for
such Technical Advisor(s) shall be assessed and paid for by such Operator in addition to any
other fees or charges assessed pursuant to this Ordinance. Prior to the employment of a Technical
Advisor, the Town 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 Town
Manager.
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Sec. 56-53. Remedies of the Town.
a) If an Operator (or its officers, employees, agents, contractors, subcontractors or
representatives) fails to comply with any requirement of a Gas Well Permit (including
any requirement incorporated by reference as part of the permit), the Gas inspector shall
give written notice to the Operator specifying the nature of the alleged failure and giving
the Operator a reasonable time to cure, taking into consideration the nature and extent of
the alleged 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 alleged failure presents a risk of imminent
destruction of property or injury to persons or unless the alleged failure involves the
Operator’s failure to provide periodic reports. The Gas Inspector may issue a Stop Work
Order under the Fire Code.
b) If the Operator does not cure the alleged failure within the time specified by the Gas
Inspector, the Gas Inspector may notify the Commission and request that the Commission
take appropriate action (with a copy of such notice provided to the Operator), and the
Town may pursue any other remedy available.
c) If the Operator does not cure the alleged failure within the time specified by the Gas
inspector, the Gas Inspector may upon recommendation of the Town Manager:
1) Recommend to the Town Council that the Gas Well Permit be suspended until the
alleged failure is cured; or
2) If the Operator fails to initiate and diligently pursue a cure, recommend to the
Town Council that the Gas Well Permit be revoked.
d) The decision of the Gas Inspector to recommend suspension or revocation of a Gas Well
Permit shall be provided to the Operator in writing at least ten (10) days before any action
by the Town Council unless the alleged failure presents a risk of imminent destruction of
property or injury to persons.
e) If a Gas Well Permit is revoked, the Operator may submit an application for a new Gas
Well Permit for the same well.
Sec. 56-54. Amended Well Permits.
a) Amendments to Gas Well Permits may be approved by the Gas Inspector provided the
Gas Well will be in strict conformance with the Gas Well Pad Site permit as approved and
all applicable fees established by the Town Council by resolution have been paid.
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Sec. 56-55. Re-working of Well; Notice.
a) Any person who intends to re-work a Gas Well using a drilling rig or to fracture/stimulate
a well after initial completion shall give written notice to the Town at least twenty (20)
days before the activities begin. The notice shall identify where the activities will be
conducted and shall describe the activities in reasonable detail, including but not limited
to, the duration of the activities and the time of day they will be conducted. The notice
must also provide the address and twenty-four (24) hour phone number of the person
conducting the activities. The person conducting the activities shall post a sign, in
English and Spanish, on the property giving the public notice of the activities, including
the name, address, and twenty-four (24) hour phone number of the person conducting the
activities. No Gas Well shall be re-worked without the approval of the Inspector. If the
Gas Inspector determines that an inspection is required, the actual cost of the inspection
shall be assessed against the respective Operator. All Gas Well Re-working shall require
a Gas Well Re-working permit, the fee for which shall be established by the Town
Council.
Sec. 56-56. Commission Permits; TCEQ.
a) Any Person who proposes the Drilling and production of Gas on a tract of land located
within the Town shall provide copies of all permits filed with the Commission at the time
of the application for the Gas Well Permit.
b) Prior to approval of the Gas Well Permit, the Operator must submit the following:
1) Commission W-1 (Permit). A copy of the approved W-1 issued by the
Commission.
2) Commission P-12 (Pooling Information). A copy of the P-12 filed by the
Operator, if any part of the Gas Development Site will contain pooled or unitized
leases, reflecting the unit participants and property boundaries.
3) A copy of the determination by the TCEQ of the depth of usable quality ground
water.
ARTICLE III. OIL AND GAS PIPELINE STANDARDS
Sec. 56-57. Purpose.
It is hereby declared to be the purpose of this Article to establish reasonable and uniform
limitations, safeguards, and regulations for present and future operations related to transporting
Gas and other substances produced in association with Gas, within the Town to protect the
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health, safety and general welfare of the public; minimize the potential impact to property and
persons; protect the quality of the environment; and encourage the safe and orderly transport of
Gas resources.
Sec. 56-58. Definitions.
The words and phrases used in this Article are specifically defined in SECTION 56-32 of Article
II. All technical industry words or phrases related to the transportation of Gas, and other
substances produced in association with Gas and other hydrocarbons not specifically defined
shall have meanings customarily attributable thereto by prudent Operators in the Gas industry.
Sec. 56-59. General Requirements and Minimum Design Standards.
a) A Pipeline Permit is required as follows:
1) It shall be unlawful for any Person to commence to construct, install, operate or
reconstruct a Pipeline or any section of a Pipeline or to operate any Pipeline or to
assist in the construction, installation, operation or reconstruction of a Pipeline if a
lawful Pipeline Permit and/or license has not been first obtained.
2) Any applications to construct, lay, rework, wrap or otherwise lower or replace
existing Pipelines or install monitoring or recovery Gas Wells shall be submitted
to the Town in a form prescribed by the Town.
3) Each application for a Pipeline Permit and/or license shall be accompanied by five
(5) paper sets and one (1) electronic set of plans showing the dimensions and
locations of the Pipelines and related items or facilities within the subject Right-
of-Way or easement, as well as all proposed lift stations, pumps or other service
structures related to such Pipeline and the location, type and size of all existing
utilities, drainage, Right-of-Way. The plans must additionally show the elevation
and location of all known public utilities within fifteen feet (15’) of the centerline
of the proposed Pipeline.
4) Within thirty (30) days after the date of filing of said application and plans, the
Town shall send notice to the applicant as to whether the application will be
accepted for processing and the total charge due. If the application is rejected,
reasons for rejection of the application shall be provided in writing.
5) No Pipeline Permit may be issued unless and until a Specific Use Permit is
approved by the Town Council for the Gas Well or Gas Wells within the Town
intended to be served by the Pipeline.
6) No Pipeline for the transportation of Gas from Gas Wells to be drilled shall be
constructed or laid except on Town approved Rights-of-Way or easements owned
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by the Owners or Operators of Gas Wells or third party Pipeline companies, or
upon designated drilling tracts and upon Rights-of-Way or easements necessary to
connect future Gas Wells to present lines.
7) In order to enable the holder of each Pipeline permit and/or license to move Gas
or other products to or from the location of a Gas Well, the holder of each
Pipeline Permit shall apply to the Town for an easement on, over, under, along or
across the Town streets, sidewalks, alleys and other Town 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 Pipeline Permit issued pursuant to this Article; provided, however, such
permittee shall:
a. Not interfere with or damage existing utilities including but not limited to:
water, sewer or gas lines, storm drains, electric lines or the facilities of
public utilities located on, under or across the course of such Right-of-
Way.
b. Furnish to the Inspector a Site Plan, showing the location of such Pipelines
for the transport of Gas. Said Site Plan shall conform to the Town’s
standards for Site Plans, contained in the Zoning Ordinance, as amended.
c. Construct such lines or cause same to be constructed out of new pipe.
d. Grade, level and restore such property to the same surface condition, as
nearly practicable, as existed before operations were first commenced.
8) All required agreements pursuant to this Article shall be completed, reviewed, and
resolved by the Town Engineer, Town Attorney, Town Manager, Administrator,
and, by Town Council, prior to the determination of any pipeline permit as being
administratively complete.
9) Pipeline trenches shall be backfilled and compacted to ninety five percent (95%)
standard density proctor in eight inch (8”) lifts and Pipelines shall be constructed
so as to maintain a minimum depth of eight feet (8’) below the finished grade
except in Rights-of-Way, where minimum cover to the top of the pipe shall be at
least eight feet (8’) below the bottom of any adjacent roadside ditch. Rights-of-
Way shall not be crossed by open cut. During the backfill of any Pipeline
excavations, Buried Pipeline warning tape shall be buried one foot (1’) above any
such Pipeline to warn future excavators of the presence of a buried Pipeline.
10) In all cases in which one or more residential lots in a proposed subdivision are
crossed, or come by or within one hundred feet (100’) of any existing Gas
Pipeline or Pipeline easement, the subdivider shall, prior to and as a condition of
Town approval of the subdivision, execute the following waiver and hold
harmless agreement, which shall be duly acknowledged in the manner provided
by law, and which shall thereafter be recorded in the appropriate deed or other
permanent county records:
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a. “(Subdivider Name), by and through its duly undersigned and authorized
officer, does hereby state that it fully realizes that it is applying for a
permit from the Town of Westlake to build within one hundred feet (100’)
of an existing Gas Pipeline or Pipeline easement, and that the Town of
Westlake considers building near such Pipeline or Pipeline easement to
have certain possible inherent dangers, including, but not limited to,
explosion and release of noxious, toxic and flammable substances. For the
aforementioned reasons, (Subdivider Name) hereby releases, indemnifies
and agrees to forever hold harmless the Town of Westlake, Texas, its
officers, officials, employees, successors and assigns from all liability in
any way arising from the building, use or habitation of land or a structure
described in the said Permit”.
11) In all cases in which one or more residential lots in a proposed subdivision are
crossed or come by or come within one hundred feet (100’) of any existing Gas
Pipeline or Pipeline easement, the subdivision shall provide a note on the face of
the development plan and record plat stating that the subdivision is crossed or is
located within one hundred feet (100’) of an existing Gas Pipeline.
12) Construction, repair and/or maintenance of all Pipelines, gathering lines, and
production lines shall meet or exceed the minimum criteria established by the
statutory or regulatory requirements of the state and federal governments for Gas
Pipelines.
13) Pipelines within the Town limits shall be constructed in accordance with this
Article and shall be designed and constructed to the latest standards mandated by
the Federal government and Commission for Pipelines operating within a Class 3
location in accordance with 49 CFR 1 92. 111, and or other Federal or State laws.
14) Pipelines subject to this Division shall be constructed with an automated pressure
monitoring system that detects leaks and shuts off any line or any section of line
that develops a leak. In lieu of such system, the Pipeline Operator may have 24-
hour pressure monitoring of the Pipeline system which provides monitoring of the
pipeline within the Town. Any monitoring system(s) shall be keyed to or required
to notify the Town’s emergency response providers in order to provide them with
immediate notice of any leak.
15) Construction of the Pipeline must commence within six (6) months of approval by
the Town or otherwise the Pipeline Permit expires. A one (1) year extension of
time may be granted if existing conditions are the same, as determined by the
Director of Planning and Development Services. Once construction has
commenced, the Pipeline Permit shall continue:
a. Until the Pipeline covered by the Pipeline Permit is complete and the site
restored, or
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b. One (1) year has elapsed since the approval date of the pipeline permit,
whichever occurs first.
16) The Administrator may require that sections of proposed Pipeline be constructed
at deeper depths based upon future Town infrastructure needs. The Administrator
may also require that a Pipeline be relocated should it conflict with the proposed
alignment and depth of a gravity dependent utility.
Sec. 56-60. New Pipeline Permit/License Application.
a) At least forty-five (45) days prior to the scheduled commencement of the construction of
a new Pipeline, the Pipeline Owner or Operator shall submit an application and pay a fee,
as shown in the approved fee schedule, for a Pipeline Permit and/or license to the Town
pursuant to its intention to construct the Pipeline. A Pipeline Permit shall be required for
any new pipeline constructed in the Town. A license shall be required for any Pipeline
proposed to cross a Right-of-Way in the Town. All Pipeline Permits and licenses shall be
subject to annual review and renewal fees. The Owner and/or Operator shall submit the
following information in the application for a Pipeline Permit and/or license:
1) The name, business addresses and telephone numbers of the Pipeline Owner or
Operator.
2) The names, titles and telephone numbers of the following:
a. The person submitting the application and petition for the Pipeline
construction;
b. The person designated as the principal contact for the submittal;
c. The person designated as the twenty four (24) hour emergency contact;
and
d. The person or firm that will operate the Pipeline.
3) A map showing the origin point and the destination of the segment of the Pipeline
to be constructed as well as the location of all Habitable Structures located within
five hundred (500’) feet of the Pipeline route.
4) A text description of the general location of the planned Pipeline.
5) A description of the substance to be transported through the Pipeline.
6) A copy of the substance material safety data sheet (MSDS).
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7) The maximum allowable operating pressure on the Pipeline, along with the
Specified Minimum Yield Strength (SMYS) of the pipe, its pressure class, and
design calculations in accordance with 49 CFR 192.105, assuming a Class 3 or
better location.
8) The normal operating pressure range of the Pipeline, not to exceed the maximum
allowable operating pressure as designated above.
9) Engineering plans, drawings and/or maps with summarized specifications
showing the horizontal Pipeline location, Pipeline covering depths, and location
of shutoff valves (the location of shutoff valves must be known in order for
emergency responders to clear area for access valves.) To the extent that
information can be obtained, drawings shall show the location of other pipelines
and utilities that will be crossed or paralleled within fifteen (15’) feet of the
proposed pipeline right-of-way.
10) A description of the consideration given to matters of public safety and the
avoidance, as far as practicable, of existing inhabited structures and congregated
areas.
11) Detailed cross section drawings for all Right-of-Way.
12) Methods to be used to prevent both internal and external corrosion.
13) A binder or certificates of all bonds and insurance as required under this Division.
14) All application materials required pursuant to the Town’s Tree Preservation
Ordinance, as it may be amended, including a tree survey measured from the
outer edge of any improvements, construction areas, development, equipment,
materials, temporary roads, access easements, and/or built structures, extending
twenty five (25) feet, without regard to intervening structures or objects.
15) A proposed alignment strip map showing name and address of all affected
property owners.
16) If the application for a Pipeline Permit and/or license is approved and a permit
and/or license is issued, the Pipeline Owner or Operator shall at all times be
required to maintain a fund with the Town containing a minimum running balance
of fifteen thousand dollars ($15,000.00) for each permit application approved.
The funds shall be maintained by the Town in a separate non-interest bearing
account from which the Town shall reimburse itself for the administrative
expenses, consulting fees, contracting fees or the funding of Inspector position(s).
The Town shall invoice and notify the Pipeline Owner or Operator, in writing, of
any deduction from the application fund, and, within fifteen (15) days of receipt
thereof, the Pipeline Owner or Operator shall pay to the Town, for deposit into the
application fund, the amount necessary to return the balance to fifteen thousand
dollars ($15,000.00). The Town shall return the remaining account balance to the
applicant or the applicant’s approved assign if the Pipeline subject to the Pipeline
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Permit and/or license is disconnected from all sources or supplies of gas,
hazardous liquids and chemicals, and if capped or sealed at the ends and/or
removed in accordance with the provisions of this Article. No Pipeline Permit
and/or license shall be issued if the proposed activities are not in conformance
with this Article and all other applicable Town ordinances, state and federal law.
Sec. 56-61. Permit and/or License Approval.
a) The applicant shall submit an application as described in this Article. Any application
submitted that is determined to be administratively incomplete shall be returned to the
applicant within ten (10) business days of the submittal date along with a letter
documenting the deficiencies of the application, if any.
b) After the submission of an administratively complete application, an administrative
conference may be conducted to seek resolution of any substantive, non-resolvable
technical issues. The conference shall be conducted with the Pipeline Review
Committee., and, if necessary, the Town’s Technical Advisor. The costs associated with
the Technical Advisor shall be borne by the applicant. A quorum of at least three (3)
members must be present to conduct a conference with at least one (1) of the members
present at the conference having emergency management expertise. Any decision by the
Pipeline Review Committee is final.
c) From time to time the Town may need to obtain an independent study or analysis of an
application or petition to construct a new Pipeline. The Town, upon approval by the
Town Manager and after recommendation by the Pipeline Review Committee, shall
engage duly qualified independent consultant(s) or contractor(s) to conduct such special
studies or analyses as required to fully evaluate and act upon an application for a new
Pipeline. The actual cost for said consultant or contractor, including the cost of any
inspections deemed necessary by the Pipeline Review Committee, all administrative
processing fees, or fees otherwise required by this Article, shall be billed directly to the
Pipeline Owner or Operator’s fund balance established pursuant to this Article.
d) The Pipeline Owner or Operator shall give notice forty eight (48) hours prior to the
commencement of Pipeline construction to all residents and business establishments that
are located within five hundred (500’) feet of the proposed centerline of the Pipeline.
e) Upon completion of Pipeline construction, the Pipeline Owner or Operator shall provide
the Town with as-built or record drawings of the Pipelines within sixty (60) calendar
days. Accuracy of the record drawings shall meet a survey level of one (1’) foot to fifty
thousand (50,000’) feet). The scale of the record drawings shall be a minimum of 1” =
40’. The drawings shall also be supplied in as DFF digital file format with the location
tied to one (1) nearby GPS (global positioning system), Town monument. If the new
Pipeline length exceeds one thousand (1,000’) feet within the Town, the Pipeline shall be
tied to at least two (2) GPS Town monuments.
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f) Any change in service of a Pipeline not previously addressed by this Article to gas,
hazardous liquid or chemical service must be reviewed in accordance with the new
Pipeline review procedure outlined herein, as if it were new Pipeline construction.
g) A preconstruction conference with the Pipeline Review Committee shall be required prior
to the commencement of pipeline construction.
Sec. 56-62. Public Education.
a) Each Pipeline Owner or Operator shall maintain a public education program consistent
with the Natural Gas Pipeline Safety Act of 1968 and 49 CFR 192.614, “Damage
Prevention Program,” 49 CFR 192.615, “Emergency Plans,” the Hazardous Liquids
Safety Act of 1979, and 49 CFR 195.408, “Communications,” 49 CFR 195.440, “Public
Awareness,” and the Community Right-to-Know Act, 40 CFR Parts 350-374: that is
communicated to Protected Uses establishments within one thousand (1,000’) feet of the
centerline of a pipeline.
b) Pipeline information communicated pursuant to this section shall contain the following
subjects:
1) Pipeline location;
2) Material transported within the Pipeline;
3) Pipeline markers;
4) How to recognize a Pipeline;
5) How to report a Pipeline emergency;
6) Contact information regarding underground utility locations;
7) Additional requirements for excavations near a home or business; and
8) Response needs during a pipeline emergency, including instructions for sheltering
in the event of an emergency.
9) And any other information required by the federal government or State.
c) Public education information shall be communicated at least annually in both English and
Spanish.
d) The Town shall notify all property owners within one thousand (1,000’) feet of the
Pipeline or proposed Pipeline, in writing, by U.S. regular mail, of the proposed
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construction date of the pipeline. The actual cost of said notice shall be billed directly to
the pipeline Owner or Operator’s fund balance established pursuant this Article.
Sec. 56-63. Pipeline Information Reporting Requirements.
a) Each Pipeline Owner or Operator shall provide to the Inspector, the Fire Marshal, and the
Director of Public Safety the names, mailing addresses and telephone numbers of at least
two (2) primary persons, officers or contacts available on a twenty four (24) hour basis
and at least two (2) alternative persons, officers or contacts to be reached in the event that
the primary contacts are unavailable who:
1) Can initiate appropriate actions to respond to an emergency;
2) Have access to information on the location of the closest shutoff valve to any
specific point in the Town; and
3) Can furnish the common name of the material then being carried by the pipeline.
b) Any change in the above information must be provided to the Town by contacting the
Inspector, Fire Marshall and Director of Public Safety prior to such change.
c) Every Owner or Operator of a Pipeline subject to this Article shall be required to present
to the Town a safety report and file with the Town an annual verified safety report in
letter form on or before June 30 of each year to cover a reporting period of June 1
through May 31. Said written safety report shall contain the following information and
shall be presented to the Inspector:
1) A statement that the Pipeline has no outstanding safety violations as determined
in an inspection or audit by the Commission or the Federal government or State
with regard to any Pipeline operating within the Town. Alternatively, if there are
any safety violations as determined by the Commission or the Federal government
or State that have not been corrected, these shall be described to the Town with a
specific action plan to correct the safety violations. Said action plan shall include
a timeline for corrective action and the Person responsible for each action.
2) Evidence that the Pipeline Owner or Operator has current liability insurance
covering each respective Pipeline in the minimum amount of five million dollars
($5,000,000.00). Insurance carriers must be licensed to conduct business in the
state and possess at least an “A” rating by the A.M. Best Company.
3) A statement that the Pipeline information specified in this Article is correct. In
the event that the required information on file with the Town is no longer correct,
updated or corrected information shall be submitted within five (5) calendar days
of the change and the updated information shall be submitted with the annual
safety report.
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4) Owners or Operators of any Unregulated Pipeline who have no reporting
responsibility to the Commission or Federal government shall additionally
provide the following pertaining to the preceding reporting period of June 1
through May 31:
a. Copies of internal reports of responses to Pipeline emergencies, as
pipeline emergency is defined in this
Article;
b. Current operations and maintenance logs of all Pipelines in the Town; and
c. Current emergency action plan.
5) A log of all the maintenance and monitoring activities conducted on all Pipelines
subject to this Article for the reporting period shall be made available upon
request by the Town.
6) The Owner or Operator shall submit an annual safety report; along with the safety
report review fee established by the Town Council, with respect to each Pipeline
subject to this Article or any other ordinances of the Town. The safety report and
verification shall be executed by an officer or a person who is authorized to sign
such safety report letter and make verification. The prescribed form of verification
on the safety report letter shall read:
Verification
I, NAME, TITLE, of OWNER/OPERATOR, am authorized to make and
have made the foregoing annual safety report letter to the Town for
Pipelines. Any attachments made to this letter are true and correct copies
of originals and the information provided in this letter is true and correct
to the best of my knowledge and is information based on the standard of
inquiry and investigation as would be made by a reasonably prudent
pipeline Owner or Operator within the Town of Westlake. Signature of
Officer or Person Authorized to Sign Letter STATE OF TEXAS,
COUNTY OF [Place Where Safety Letter is Prepared] § The foregoing
annual safety report letter was sworn to and subscribed before me by
(signatory of letter) on this ____ day of ________,20___ Signed: Notary
Public for the State of Texas
Printed Name: ________________________
My Commission Expires: ________________
7) The actual administrative costs incurred by the Town in reviewing the annual
safety letter shall be billed directly to the Pipeline Owner or Operator’s fund
balance established pursuant to this Article.
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8) A copy of all initial or follow-up reports provided to the Federal Government,
State or the Commission on unsafe Pipeline conditions, Pipeline emergencies or
pipeline incidents within the Town must be filed concurrently with the Town. In
addition, any initial or follow-up reports filed with the Federal government, State
or Commission pertaining to pipeline releases within the Town must be filed
concurrently with the Town.
9) Upon written request, the Pipeline Owner or Operator shall make available,
during normal business hours and at the Pipeline Owner or Operator’s local
office, documents for review that are required for submittal to or to be maintained
on file for the Federal government, State or Commission such as:
a. Operations and maintenance;
b. Employee training;
c. Annual inspection;
d. Repair records;
e. Operating records; and
f. Insurance.
10) In the case of Unregulated Pipelines, the Town may request any such additional
information that the Town deems necessary, in the best interests of the Town, and
necessary to protect the public health, safety and general welfare.
Sec. 56-64. Pipeline Markers.
a) Pipeline Owners or Operators shall place and maintain permanent line markers as close
as practical over every Pipeline at each crossing of a Right-of-way, utility easement or
railroad. Markers shall also be maintained along each Pipeline that is located above
ground in an area accessible to the view of the public. The markers shall be of permanent
type construction and contain labeling identifying the:
1) Pipeline Owner or Operator;
2) Twenty four (24) hour contact telephone number; and
3) A general description of the product transported in the Pipeline; i.e., Gas.
b) No person shall tamper with, deface, damage or remove any Pipeline marker, except the
pipeline Owner or Operator.
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c) Upon specific reasonable request of the Owner of a real property on which a Protected
Use is located and through which a Pipeline traverses, the Pipeline Owner or Operator
shall install temporary Pipeline markers or flagging to reduce the possibility of Pipeline
damage or interference, in accordance with this Article.
d) The material, design, color, size and content of each Pipeline marker shall be subject to
Town Council approval prior to installation.
Sec. 56-65. One Call System.
a) Pipeline Owners or Operators that transport Gas, in the Town shall be a member in good
standing with the One Call System or other approved excavation monitoring system as
required by State law. Pipeline Owners or Operators of any Pipeline that transport Gas
shall contract for service with the selected underground utility coordinating system for a
minimum of five (5) years unless there is an agreement to change to an alternate system
between the Town and the Pipeline Owners or Operators. Said services shall be
maintained without interruption for the life of the Pipeline permit. The selected
underground utility coordinating system may be different that the one used by the Town
for other underground utility services.
b) Prior to beginning any excavation, trenching or digging using powered equipment or
hand tools that may damage a Pipeline, any Person within the Town shall be required to
contact the One Call System and any other appropriate underground utility coordinating
systems and determine if there are any Pipelines or public utilities in the vicinity of the
proposed activities.
c) If physical contact is made with a Pipeline during any excavation, trenching or digging,
the Pipeline company must be notified by the Person making the physical contact with
the Pipeline for any necessary Pipeline inspection or repair.
Sec. 56-66. Inactive and Idled Pipelines.
a) Inactive Pipelines
1) All reporting records specified in this Article shall be maintained and kept current on
inactive Pipelines. An application to place a Pipeline into inactive status must be
made to the Town and permit issues, with the permit fee paid, prior to placing the
pipeline into inactive status.
2) Inactive Pipelines shall be purged of Gas, hazardous liquids, and chemicals, and
physically isolated if such action does not adversely affect the Pipeline Owner or
Operator’s right-of-way easement and does not prevent the Pipeline Owner or
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Operator from maintaining the physical integrity of the Pipeline. These Pipelines shall
be maintained to prevent deterioration.
3) The means used to physically isolate, if such action is taken, the inactive pipeline
shall be included in the information retained on file with the Town for reporting as
specified in this Article.
a. Idled Pipelines
1. An entry shall be made to the required reporting records, as required in
this Article, that the Pipeline has been idled. An application to place a
Pipeline into idled status must be made to the Town and permit issued,
with the permit fee paid, prior to placing the Pipeline into idled status.
2. Idled Pipelines shall be purged, disconnected from all sources or supplies
of Gas, hazardous liquids and chemicals, and capped or sealed at the ends.
3. Reactivation of idled pipelines shall require notification of the Town
pursuant to the standards and requirements specified in this Article.
Reactivation shall require pressure testing for integrity and compliance
with the Commission, State or Federal requirements.
Sec. 56-67. Emergency Response Plans and Emergency Incident Reporting.
a) Each Pipeline Owner or Operator shall maintain written procedures to minimize the
hazards resulting from an emergency. These procedures shall at a minimum provide for:
1) Prompt and effective response to emergencies:
a. Leaks or releases that can impact public health, safety or welfare;
b. Fire or explosions at or in the vicinity of a Pipeline or Pipeline easement; or
c. Natural disasters;
2) Effective means to notify and communicate required and pertinent information to
local fire, police, and public officials during an emergency;
3) The availability of personnel, equipment, tools and materials as necessary at the
scene of an emergency;
4) Measures to be taken to reduce public exposure to injury and probability of
accidental death or dismemberment;
5) Emergency shut down and pressure reduction of a Pipeline;
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6) The safe restoration of service following an emergency or incident;
7) A follow-up incident investigation to determine the cause of the incident and
require the implementation of corrective measures.
a. Each Pipeline Owner or Operator shall meet annually with the Inspector and
Fire Marshal to review emergency response plans. These reviews shall be in
accord with Federal, State and Commission requirements and the Owner or
Operator shall:
1. Furnish or update a copy of the emergency response plan described in this
Article;
2. Review the responsibilities of each governmental organization in response
to an emergency or incident;
3. Review the capabilities of the Pipeline Owner or Operator to respond to an
emergency or incident;
4. Identify the types of emergencies or incidents that will result in or require
contacting the Town; and
5. Plan mutual activities that the Town and the Pipeline Owner or Operator
can engage in to minimize risks associated with Pipeline operation.
6. At this meeting, the Town may provide the Pipeline Owner or Operator
with a list of additional contacts that shall be made in the event of a
Pipeline emergency or incident. The Town will inform the Pipeline Owner
or Operator of the emergency response groups that will be contacted
through 911.
7. Upon discovery of a Pipeline emergency or incident, the following
communications are to be initiated by the affected Pipeline Owners or
Operators:
a. A general description of the emergency or incident;
b. The location of the emergency or incident;
c. The name and telephone number of the person reporting the
emergency or incident;
d. The name of the Pipeline Owner or Operator;
e. Whether or not any hazardous material is involved and
identification of the hazardous material so involved;
Gas and Oil Technical Standards Ordinance 4-16-09
62
f. Any other information as requested by the emergency dispatcher or
other such official at the time of reporting the emergency or
incident;
g. The Pipeline Owner or Operator shall contact any other emergency
response groups that are necessary that may not be activated
through the county 911 system;
h. The Pipeline Owner or Operator shall contact the Town’s
Department of Public Safety immediately after the discovery of
any Pipeline emergency;
i. Each Pipeline containing natural Gas which contains hydrogen
sulfide in concentrations of more than one hundred (100) parts per
million, shall be constructed with an audible alarm system that will
provide an alarm to the public in the event of a leak from any
Pipeline. The audible alarm system shall be of a type and design
approved by the Town;
j. Within two (2) years of the effective date of the Pipeline Permit
and every two (2) years thereafter, the Pipeline Owner or Operator
shall conduct an on-site, emergency drill that includes, but shall
not be limited to, the personnel operating the Pipeline, local law
enforcement personnel, and officials of the Town;
k. Notwithstanding the foregoing, all incidents involving Well safety
or integrity that do not rise to the level of a Pipeline emergency
shall additionally be reported to the Town by completing an
incident report on forms prepared by the Town. Incident reports
must be filed by the Pipeline Owner or Operator within twenty
four (24) hours of discovering the incident.
Sec. 56-68. Pipeline Repairs and Maintenance.
a) All repairs and maintenance to the Pipeline shall be performed in accordance with
Federal, State and Commission requirements.
b) If non-emergency repairs necessitate excavation of the pipeline, prior
notification is required to occupants of business establishments and residential dwellings
located within five hundred (500’) feet from the centerline of the pipeline to be
excavated.
c) Above-ground non-emergency repairs that are not routine maintenance necessitate prior
notification to occupants of businesses and residential dwellings located within five
hundred feet (500’) from the centerline of the pipeline section to be repaired.
Gas and Oil Technical Standards Ordinance 4-16-09
63
d) Without limitation of the methods of giving the notice required in subsections (b) and (c),
notice shall be by U.S. regular mail, postage prepaid and mailed at least five (5) days
prior to commencing any non-emergency repair.
e) Inspection of the interior of all pipelines subject to these standards shall follow United
States Department of Transportation and Railroad Commission rules.
Sec. 56-69. No Grant of Town Easement, No Assumption of Responsibility by Town.
a) Nothing in this Article grants permission for the use of any Right-of-way or property of
the Town without the Town’s express written permission.
b) Nothing in this Article shall be construed as an assumption by the Town of any
responsibility of an Owner or Pipeline Owner or Operator not owned by the Town, and
no Town officer, employee or agent shall have authority to relieve an Owner or Operator
from its responsibility under this Article or by any other law, ordinance or resolution.
Sec 56-70. Protection and Painting of Pipeline Structures.
All Pipeline risers and all appurtenances related to Pipeline construction and operations
composed of materials generally protected or painted shall be protected and painted and shall be
repainted at sufficiently frequent intervals to maintain same in good condition. It shall be a
violation of this Article for any Pipeline riser or appurtenances related to Pipeline construction
and operations to be in a state of disrepair or to have chipped, peeling or unpainted portions
thereof.
Sec. 56-71. Waiver/Hold Harmless Agreement Required for Issuance of Building Permit.
Any Person applying to obtain a building permit for the erection, construction, reconstruction or
expansion of any Building, of which any portion of such erection, construction, reconstruction or
expansion would occur within one hundred (100’) feet of an existing Gas Pipeline or Pipeline
easement, shall, prior to and as a condition of the issuance of such building permit, execute the
following waiver and hold harmless agreement, which shall be duly acknowledged in the manner
provided by law, and which shall thereafter be notarized and recorded in the appropriate deed or
other permanent county records:
“I, (Applicant’s Name), do hereby state, on my oath, that I fully realize I am applying for a
permit from the Town of Westlake to build within one hundred (100’) feet of an existing Gas
Pipeline or Pipeline easement; that I am fully aware of the dangers inherent in building near such
Gas and Oil Technical Standards Ordinance 4-16-09
64
pipeline or easement, including, but not limited to, explosion and release of noxious, toxic and
flammable substances; and, further, that I do hereby release and agree to forever hold harmless
the Town of Westlake, Texas, its officers, officials, employees, successors and assigns from all
liability in any way arising from the Building, use or habitation of the Building described in the
said permit.”
Sec. 56-72. Street and Right-of-way Use.
a) In the event a Gas Pipeline is placed within the Right-of-way, the Pipeline Owner or
Operator shall comply with the Right-of-way use regulations.
b) To the extent that the provisions of this Article conflict with the Town’s Right-of-way
use ordinance, this Article shall apply.
Sec. 56-73. Violations.
a) Any Owner, Operator or Pipeline Owner or Operator who shall have failed to comply
with this Article, shall be deemed to maintain a nuisance and the Town may take such
measures to remedy such nuisance, including, but not limited to, revocation of a Gas
Well Pad Site Permit, Gas Well Permit, or the Pipeline Owner or Operator’s Pipeline
Permit.
b) It shall be a violation of this Article for a Person to knowingly make a misrepresentation
of any information to be reported pursuant to this Article. It shall also be a violation of
this Article if the Person makes such misrepresentation as a result of failure to exercise
such due diligence of investigation or inquiry, as would a reasonably prudent Operator or
Pipeline Owner or Operator conducting business in the Town.
c) Each violation of any section, subsection or part of this Article shall be a separate
offense. Each day of on-going violation shall be a separate offense, and shall carry with it
a fine of not less than one thousand dollars ($1,000.00) per day nor more than two
thousand dollars ($2,000.00) per day.
d) The Town shall be entitled to injunctive relief or any other appropriate relief in a court of
appropriate jurisdiction to prevent violation of or to compel compliance with this Article.
Gas and Oil Technical Standards Ordinance 4-16-09
65
Sec. 56-74. Bond and Insurance Required.
a) In the event that a pipeline permit and/or license is issued for a pipeline or other
operations under this Article, no actual operation shall be commenced until the permittee
shall file with the Town Secretary a bond and a certificate of insurance as follows:
1) No person shall begin the construction or operation of any pipeline until he has
filed with the Town Secretary a duly executed bond executed by the applicant as
principal with an A.M. Best “A” rated surety company that is acceptable to the
Town and is licensed to conduct business in the State as surety, payable to the
Town, and the policy shall name the Town as an additional insured and such
surety company shall maintain an A.M. Best “A” rating for the policy period. Said
bond shall include conditions that the applicant, its heirs, assigns and successors
will do the following:
a. Comply with the terms and conditions of the application and this Article in the
construction, operation and maintenance of the pipeline and related
structure(s).
b. That all streets and sidewalks and all other public places and all public utilities
that may be injured or damaged in the operation will be restored to their
former condition.
c. That all litter, machinery, buildings, trash, and waste used, accumulated or
allowed in the construction of any pipeline will be removed within ten (10)
days of the completion of said construction.
d. That all litter, machinery, buildings, trash, and waste used, accumulated or
allowed in the operation of any pipeline will be removed within (10) days of
the completion of said operations.
e. Such bond shall be in the sum of one million dollars ($1,000,000.00) and
before the pipeline permit and/or license shall be issued, the bond shall be
approved by the Town and filed with the Town Secretary. Such bond shall
become effective upon the granting of the pipeline permit and/or license and
shall remain in full force and effect until all work under the terms of such
pipeline permit and/or license has been completed. Such bond may later be
amended to include other pipelines, under provisions of other applications, or
other permits.
2) In addition to the bond required in this Article above, each person desiring to
construct a pipeline or to conduct any other work under the provisions of this
Article shall be required to carry public liability insurance with a carrier rated “A”
or better by A.M. Best in a minimum amount of one million dollars
($1,000,000.00) for one (1) person and five million dollars ($5,000,000.00) for
one (1) accident and property damage insurance in the amount of ten million
dollars ($10,000,000.00) for one (1) accident, which shall remain in full force and
Gas and Oil Technical Standards Ordinance 4-16-09
66
effect and be carried so long as such pipeline is operated. A certificate of
insurance shall be furnished annually by the permittee or the subsequent Owner
and Operator of such pipeline showing that such insurance is and continues in
effect.
3) Permittee shall provide and maintain in full force and effect during the term of its
permit insurance with the following minimum limits:
a. Worker’s compensation at statutory limits;
b. Employer’s liability, including bodily injury by accident and by disease, for
five hundred thousand dollars ($500,000.00) combined single limit per
occurrence and a twelve (12) month) aggregate policy limit of one million
dollars ($1,000,000.00);
c. Commercial general liability coverage, including blanket contractual liability,
products and completed operations, personal injury, bodily injury, broad form
property damage, operations hazard, pollution, explosion, collapse and
underground hazards for five million dollars ($5,000,000.00) per occurrence
and a twelve (12) month aggregate policy limit of ten million dollars
($10,000,000.00); and
d. Automobile liability insurance for automobiles used by the permittee in the
course of its performance under the pipeline permit and/or license, including
employer’s non-ownership and hired auto coverage for two million dollars
($2,000,000.00) combined single limit per occurrence.
e. The Town shall adjust the above minimum liability limits every five (5) years
during the term of the pipeline permit and/or license, or sooner as determined
by the Town Council, to compensate for the effects of inflation and with the
objective to reestablish the value of coverage required as of the effective date
of this Article.
f. Each policy or an endorsement thereto, except those for worker’s
compensation and employer’s liability, shall name the Town and its officers,
officials, employees, successors and assigns as additional insured parties, but
limited to risks indemnified pursuant to this Article. If any such policy is
written as claims made coverage and the Town is required to be carried as an
additional insured, then the permittee shall purchase policy period extensions
so as to provide coverage to the Town for a period of at least two (2) years
after the last date that the pipeline permit and/or license is in
effect. No deductible shall exceed ten (10%) percent of the minimum limits of
liability or one (1%) percent of the consolidated net worth of the permittee
and its permitted affiliates, whichever is greater.
g. Permittee shall assume and bear any claims or losses to the extent of
deductible amounts and waives any claim it may ever have for the same
Gas and Oil Technical Standards Ordinance 4-16-09
67
against the Town and its officers, officials, employees, successors and assigns
in respect of any covered event.
h. All such policies and certificates shall contain an agreement that the insurer
shall notify the Town in writing not less than thirty (30) days before any
material change, reduction in coverage or cancellation of any policy.
Permittee shall give written notice to the Town within five (5) days of the date
upon which total claims by any party against permittee reduce the aggregate
amount of coverage below the amounts required by the pipeline permit and/or
license.
i. Each policy must contain an endorsement to the effect that the insurer waives
any claim or right in the nature of subrogation to recover against the Town, its
officers, officials, employees, successors and assigns.
j. Each policy must contain an endorsement that such policy is primary
insurance to any other insurance available to the Town as an additional
insured with respect to claims arising there under.
k. The Town Council may modify the requirements of this section, as it deems
appropriate, in order to account for the risk and possible threat to the public
health, safety and general welfare posed by the operation of pipelines within
the Town.
Sec. 56-75. Termination of Permit and/or license.
Any violation of the provisions of any or all sections of this Article shall be grounds for the
termination of any Pipeline Permit. The termination of any Pipeline Permit shall require the
immediate cessation of all operations subject to the pipeline permit and shall require the Pipeline
Owner or Operator to reapply for a new Pipeline Permit in full accordance with the provisions of
this Article.
SECTION 3:
This Ordinance shall be cumulative of all provisions of ordinances of the Town, except where
the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in
which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4:
Gas and Oil Technical Standards Ordinance 4-16-09
68
It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences,
paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such invalidity, unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
Ordinance, since the same would have been enacted by the Town Council without the
incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence,
paragraph or section.
SECTION 5:
In addition to other remedies in this Ordinance, any Person, firm, corporation or entity who
violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of
any of, the provisions of this Ordinance shall be fined not more than two thousand dollars
($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense.
SECTION 6:
The Town Secretary of the Town of Westlake is, upon adoption by the Westlake Town Council,
hereby directed to publish the Ordinance by caption and shall additionally publish this Ordinance
or its caption and penalty in the official Town newspaper one (1) time within ten (10) days after
final passage.
SECTION7:
This Ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 27 DAY OF APRIL 2009.
_________________________________
Laura Wheat, Mayor
ATTEST:
___________________________ ________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
Gas and Oil Technical Standards Ordinance 4-16-09
69
APPROVED AS TO FORM:
__________________________________
Stan Lowry, Town Attorney
H:\Boyle-Lowry\West Lake\wl-ordinances\wl-ord gas tech redl 4-14-09.doc
4/21/2009
01/26/2009 1
Proposed Technical Standards Ordinance
Discussion Focused on Setbacks
Februar y 9, 2009y,
01/26/2009 1
Previous Council Discussion
Monday, January 12th, 2009 Workshop
Monday, January 26th, 2009 Workshop
01/26/2009 2
4/21/2009
01/26/2009 2
SUP Gas Well Pad Site Gas Well Permit
1.
Zoning
Two
Public
2.
Technical
Standards
Ordinance
3.
Technical
Standards
Ordinance
Application Application Gas Well Permit
if approved if approved
3
Public
Hearings
01/26/2009
¾Staff recommendation:
SUP process allows Town more control, public review and comment, placement of stipulations
and conditions on the SUP.
SUP in all districts addresses the wide use of blended, but not geographically defined uses, in
our PD zoning districts that comprise much of Westlake.
Allowed use in all districts, but only with an approved SUP.
¾Regarding Master Plan;
Multiple well pad sites allowed
401/26/2009
4/21/2009
01/26/2009 3
¾Zoning:
Accept staff recommendation to allow in all zoning districts with an approved SUP.
Begin processing major zoning change to implement.
Also amend zoning ordinance to allow master plans for multi-well tracts.
¾Technical Standards Ordinance Draft:
Generally OK; staff will fine tune.
Set a Council discussion focused on setbacks for February 9th
5
Set a Council discussion focused on setbacks for February 9
01/26/2009
Original Staff Recommendation
¾Classifications of Gas Well Pad Sites
High Impact –Gas Well Pad Site contains a Drill Zone located within 600’ of a Protected Use.
Urban –Gas Well Pad Site contains a Drill Zone located between 600’ and 1,000’ of a
Protected Use.
Rural –Gas Well Pad Site contains a Drill Zone located more than 1,000’ from a Protected
Use.
O fGSffGSNOTE: distance of GWPS from a Protected Use is at the time of GWPS application.
¾Future Gas Wells on a GWPS can never be closer than 300’ from a Protected
Use, and can not be reduced by adjacent property consent.
601/26/2009
4/21/2009
01/26/2009 4
Original Staff Recommendation (continued)
¾Other Gas Well Pad Site requirements (page 21)
Perimeter of GWPS must be a minimum of 75’ from adjacent property line. Can be reduced
with adjacent property owners consent and Town approval.
GWPS fronting on one or more streets; the setback shall as be required by the building
setback for that lot or as approved by the Site Plan/SUP process.
The Drill Zone of any GWPS classification must always be at least 600’ from all Protected
Uses. It can reduced to 300’, but only if all adjacent property owners and the Town consent.
The Drill Zone of any GWPS classification must always be at least 300’ from all adjacent
property lines. It can be reduced, but only with consent of all adjacent property owners and
the Town.
701/26/2009
Site Plan is to show everything on the property.
Protected
Use
300’*
600’
Gas Well Pad Site
(Perimeter Boundary)
75’
Gas Well
Production Site
(Must be within Pad Site)
1,000’
300’ to Property Line
Drill
Zone
01/26/2009 8
4/21/2009
01/26/2009 5
901/26/2009
8’
.85
’
1001/26/2009
35
’
T
r
e
e
H
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g
h
t
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Drive
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17
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4/21/2009
01/26/2009 6
¾Does Council want some role in some situations to make setback reduction ¾Does Council want some role in some situations to make setback reduction
adjustments (SRA’s)?
¾If yes another option to consider
1101/26/2009
Distance from Drill
Zone to Protected
Use
1,000 ft. 1,000to 600 ft.600ft. to 300 ft.
Petition requested1,000 ft. Minimum
without possibilityof
reduction.
Staff proposal #11,000 ft. Encouraged
with increased regulatory
latitude but not
mandated.
600 ft.
minimum required
setback.
Reduction from600 ft. to as
low as 300 ft. with consent
of property owners and
Town Council approval.
Operatorpreferred.N/A600 ft. minimum with
waiver/variance available
200 ft. with approved
waiver/variance.
12
Staff proposal #2
(Raised the min. to
1,000’ but allows
reduction to600’ by
Town Council SRA)
1,000ft. Minimum with
possibility of reduction.
Reduction from1,000 ft.
to as low as 600 ft. with
Town Council approval.
Reduction from600 ft. to as
low as 300 ft. with consent
of property owners and
Town Council approval.
01/26/2009
4/21/2009
01/26/2009 7
13
300 ft.
01/26/2009
600 ft
14
600 ft.
01/26/2009
4/21/2009
01/26/2009 8
1,000 ft.
01/26/2009 15
¾Staff continues to recommend to measure setbacks from Drill Zone to
Protected Use.
1,000 ft.
01/26/2009 16
4/21/2009
01/26/2009 9
¾Direction on setbacks so Technical Standards Ordinance can be
considered for adoption by Council.
1,000 ft.
01/26/2009 17
1,000 ft.
01/26/2009 18
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1
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Regular Meeting of April 27, 2009
Date: April 21, 2009
ITEM
Consider approval of a Resolution Establishing Permits and Fees Related to the
Administration of the Town’s Oil and Gas Drilling/Production Technical Standards
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
; We are Leaders
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardship
o Infrastructure maintenance and planning
; Hospitality Finds its Home in Westlake
o Citizen engagement and communication
BACKGROUND
The Council and Town staff have been working on proposed revisions to oil and gas
drilling regulations for over a year. Adoption of the technical standards ordinance will
require various permits and fees. These permits and fees are necessary to cover the cost
of extensive staff and other professional services, the demand for which is generated by
those requesting the services, i.e. - the oil/gas drilling and production community, as well
as, Westlake citizens who are relying that the Town perform the adequate permit review,
oversight and administration services necessary to ensure enactment and enforcement of
the Council’s ordinance. The fees are contained in Exhibit A to the resolution which, if
adopted by the Town Council, would establish the amounts for these various fees and
permits.
FUNDING
None required as long as the revenue stream from the recommended fee schedule is
enacted to cover the extensive staff and other professional service costs that effective
administration of the oil/gas technical standards ordinance will create and require.
RECOMMENDATION
Recommend adoption of this resolution with its attached Exhibit A permit and fee
2
schedule.
ATTACHMENTS:
• Resolution No. 09-21 establishing various permits and fees related to
implementing and enforcing the Town’s oil/gas technical standards ordinance.
• Exhibit A to Resolution with schedule of fees and permits.
TOWN OF WESTLAKE
RESOLUTION 09-21
ESTABLISHING PERMITS AND FEES RELATED TO THE
ADMINISTRATION OF THE TOWN OF WESTLAKE OIL/GAS DRILLING
AND PRODUCTION TECHNICAL STANDARDS.
WHEREAS, the Westlake Town Council has adopted an oil and gas
drilling/production ordinance; and,
WHEREAS, this oil and gas drilling/production ordinance will require extensive
staff time and other professional resources in order to properly and effectively implement
and administer this ordinance to the benefit of all Westlake residents and the oil/gas
drilling and production community; and,
WHEREAS, the Town Council has determined that it does not wish for the cost
of this service to be borne by Westlake citizens in general, but rather, by those creating
the demand for this service which is the oil/gas drilling and production community; and,
WHEREAS, the Town Council has determined per its financial and budgetary
policies, that the costs for demand driven services such as regulation of oil and gas
drilling/production shall be borne by those creating the demand for those services, that
the permits and fees for these services are the appropriate way to recover the costs of this
service delivery; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the
best interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1. THAT, all matters stated in the Recitals hereinabove are found to
be true and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2. THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the schedule in the attached Exhibit “A”, establishing permits and fees for
administration and implementation of the Town’s oil and gas drilling/production
technical standards ordinance; and further authorizes the Town Manager to implement
said fee schedule immediately on behalf of the Town of Westlake.
PASSED AND APPROVED ON THIS 27TH DAY OF APRIL, 2008.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
Stan Lowry, Town Attorney
1
EXHIBIT A TO RESOLUTION NO. 09- 21
ESTABLISHING PERMITS AND FEES RELATED TO THE
ADMINISTRATION OF THE TOWN OF WESTLAKE OIL & GAS
DRILLING/PRODUCTION TECHNICAL STANDARDS AS REQUIRED
Gas Well Pad Site Related Permits & Fees
Gas Well Pad Site Permit Application Fee (initial permit per pad site) $30,000
Approved Gas Well Pad Site Permit Annual Review & Renewal Fee 5,000
Firefighter Training & Equipment Fee (initial fee per approved pad site) 10,000
Setback Reduction Request/Property Owner Title Verification Fee 5,000*
*This is a minimum fee; actual cost may increase based on actual title company fees
Gas Well Related Permits & Fees
Gas Well Permit Application Fee (initial permit per well) $10,000
Gas Well Permit Amendment Application & Review Fee 2,500
Gas Well Certificate of Completion & Completion Inspection Fee 1,500
Tank Battery Completion & Annual Permit/Inspection Fee 1,000
Annual Approved Gas Well Permit Review, Inspection, & Permit Renewal Fee 1,500
Initial/Annual Insurance & Surety Review Fee (per approved gas well permit) 1,000
Annual Firefighter Training & Equipment Fee (per approved gas well permit) 2,000
Annual Safety/Hazardous Materials Plans & Reports Compliance Review Fee 1,000**
Well Re-working Permit Fee 5,000**
Gas Well Permit Transference Processing Fee 5,000**
Gas Well Permit Extension Processing Fee 5,000**
Well Abandonment Permit Application & Inspection Fee 2,500 **
Road Maintenance Agreement Review & Inspection Fee 5,000**
**Per approved gas well permit
2
EXHIBIT A TO RESOLUTION NO. 09- 21 ESTABLISHING
PERMITS AND FEES RELATED TO THE ADMINISTRATION OF THE
TOWN OF WESTLAKE OIL & GAS DRILLING/PRODUCTION
TECHNICAL STANDARDS AS REQUIRED (cont’d)
Pipeline Related Permits & Fees***
New Pipeline Construction Permit & Inspection Fee $5,000
New Pipeline Certificate of Completion & Inspection Fee 1,500
New Pipeline ROW/Street/Road/Easement Crossing License (license is per crossing) 2,000
Initial/Annual Insurance & Surety Review Fee (per approved pipeline permit) 1,000
Annual Safety Report Compliance Review Fee (per approved pipeline permit) 1,000
Annual Pipeline Permit & License Renewal Fee (per new pipeline permit) 2,000
Inactive Pipeline Permit Application & Inspection Fee 2,500
Idled Pipeline Permit Application & Inspection Fee 2,500
Idled Pipeline Permit Reactivation Inspection Fee 2,500
***All permits, fees, and/or licenses in this section are for initial installation of a new pipeline. Any
extensions of this pipeline will be considered a new pipeline and subject to all applicable permits
Miscellaneous Gas & Oil Related Fees
Seismic Testing Permit Fee $500
Technical Advisor Fees Based on Actual Cost plus 10% Administrative Fee
1
Town of Westlake
Memo
To: Honorable Mayor and Town Council
From: Tom Brymer, Town Manager
Eddie Edwards, Director of Planning and Development
Subject: Regular meeting of April 27, 2009.
Case #’s Z-09-01 through Z-09-15
Date: April 21, 2009
ITEM
Conduct Public Hearings and consider approval of the proposed amendments to the Town of
Westlake Zoning Ordinances, amending the Land Use Tables to allow Gas and Oil Drilling,
Exploration, and Production Uses in all zoning districts with an approved Specific Use Permit
(SUP).
Zoning districts and the ordinances related to those districts proposed for amendment are as
follows:
Case # Zoning Districts Code or Ordinances being amended
A.
Z-09-01
Straight zoning districts:
R-5, R-2, R-1, R-0.5, R-A,
MF, LR, O, O-H, O-I, and
GU.
Town of Westlake Code of Ordinances, Article
III, Permissible Uses.
B. Z-09-02 PD-1 Ordinance 202
C. Z-09-03 PD-2 Ordinance 306
D. Z-09-04 PD- 3-1 Ordinance 308 and the Circle T PD Supplement
E. Z-09-05 PD- 3-3 Ordinance 600 and the Circle T PD Supplement
F. Z-09-06 PD- 3-4A Ordinance 451 and the Circle T PD Supplement
G. Z-09-07 PD- 3-5A Ordinance 452 and the Circle T PD Supplement
H. Z-09-08 PD- 3-6 Ordinance 312 and the Circle T PD Supplement
I. Z-09-09 PD- 3-7 Ordinance 313 and the Circle T PD Supplement
J. Z-09-10 PD- 3-8 Ordinance 314 and the Circle T PD Supplement
K. Z-09-11 PD- 3-9 Ordinance 315 and the Circle T PD Supplement
L. Z-09-12 PD- 3-10 Ordinance 592 and the Circle T PD Supplement
M. Z-09-13 PD- 3-11 Ordinance 593 and the Circle T PD Supplement
N. Z-09-14 PD- 3-12 Ordinance 591 and the Circle T PD Supplement
O. Z-09-15 PD- 4 Ordinance 521
2
VISION POINT AND KEY RESULT AREAS
This item supports the following Town Council Vision Point and Key Result Areas:
; Inviting Residential & Corporate Neighborhoods
o On-going comprehensive planning
o Highest quality development and aesthetic standards
; We are Leaders
o High quality services delivery coupled with financial stewardship
o Infrastructure maintenance and planning
BACKGROUND
The Town Council and Town staff have been working on proposed revisions to oil and gas
drilling regulations for over a year.
In spring 2008, after reviewing area communities’ oil and gas drilling ordinances, the Council
gave staff direction to take additional time to perform further research on these regulations,
including discussions with area city staff and representatives of the oil and gas industry. Having
carried out this Council direction, the staff then received additional direction regarding a
framework for proposed oil and gas drilling regulations in two Council workshops held in
October 2008.
The proposed regulatory framework contains 2 components. First, to regulate the
zoning/land use aspect of oil and gas drilling by allowing oil and gas drilling in any zoning
district, but only with a Council approved Specific Use Permit (SUP). An SUP application
requires a public hearing before both the Planning & Zoning Commission (P&Z) and the Town
Council before it can be approved or denied. Secondly, to place all the technical, aesthetic,
noise, light, road, and setback regulations for oil and gas drilling into a proposed technical
standards ordinance. This proposed technical standards ordinance establishes a process that,
before a well can be drilled, the operator must first obtain an approved Specific Use Permit
(SUP). If the operator receives an approved SUP, then the operator can apply for a Gas Well Pad
Site Permit. If the Gas Well Pad Site Permit is approved, then the operator can apply for a Gas
Well Permit and if issued, the operator can then begin to perform drilling operations.
Staff recommended this two-pronged approach as the best way to balance (1.) the
requirement to allow the mineral estate access to their mineral interests with (2.) the
interests of surface owners to not have their property adversely impacted by noise, dust,
aesthetic issues, etc., which oil/gas drilling and production operations require to be
addressed. The zoning aspect of this approach involves the P&Z, while the technical standards
ordinance is solely the Town Council’s purview. The technical standards ordinance is to be
considered for adoption by Town Council on April 27, 2009, along with the April 23, 2009
Planning and Zoning recommendation related to this zoning approach.
A public information meeting was held in November 2008 to receive citizen feedback about the
proposed regulatory framework. Extensive use of the Town’s web site, as well as emails to those
on the Town’s email “blast” list, has been used to keep residents informed about the work-to-
date on this topic. The Planning & Zoning Commission held a public hearing at the December
meeting on the zoning aspect of this proposed regulatory framework but tabled it so that both the
regular (straight) zoning districts and the planned development (PD) districts could be considered
together (only the regular or “straight” zoning districts had been advertised for this public
3
hearing). However at this meeting, the Commission did discuss to allow oil/gas drilling and
production in only certain districts; a different approach than that recommended by staff. At the
December meeting, Town staff emphasized to P&Z that the difficulty with allowing this use only
in certain districts is two-fold. First, it limits the mineral estate’s ability (established by law) to
access their mineral interests. Second, due to the nature of PD districts which cover a majority
of Westlake, this approach would be almost impossible to administer. This is because only the
exterior boundaries of these PD districts are defined, not the geographic location of the uses
within the PD districts. The staff feels that the recommended approach does increase the
potential of this use being located in any district. However in actuality, it only increases the
opportunity to request this use in any district subject to zoning public hearings and the standards
of the technical standards ordinance, assuming that the Specific Use Permit (SUP) is ultimately
approved. Additionally if the SUP is approved, stringent conditions can be placed on the SUP at
the time of approval.
Following the P&Z’s action on December 18, 2008, the staff reviewed again at both the
Town Council’s January 12th and 26th, 2009 workshops, the various procedures for dealing
with the zoning component of this two-pronged approach to regulating oil/gas drilling and
production. The Council’s consensus and direction given to staff in January was to
continue the Council’s initial direction from October; accepting staff’s recommendation to
allow oil/gas drilling and production in any zoning district as an allowed (permitted) use,
but only with an approved Specific Use Permit (SUP).
Also, the Council received a staff presentation concerning the draft technical standards ordinance
at its January 12, 2009 workshop. At this workshop the Council also heard a presentation by
State Geologist Scott Tinker regarding gas well drilling in the Barnett Shale formation.
Currently, the Town of Westlake allows gas and oil uses in the O-I “Office – Industrial Park”
zoning district with an approved Specific Use Permit (SUP). However, there are no parcels
currently zoned O-I and our comprehensive plan does not support rezoning additional property to
this zoning district. By allowing gas and oil uses in all districts with an approved SUP, the
opportunity for the capture of minerals and hydrocarbons throughout the Town, coupled with
reasonable and detailed Town regulations, is addressed.
An ordinance amending Chapter 56 “Oil and Gas Wells” of the Town of Westlake Code of
Ordinances will be presented to the Town Council for consideration immediately prior to the
presentation of the zoning amendments. Chapter 56 contains specific regulatory requirements
for gas and oil uses. The amendment will significantly strengthen those regulations to better
protect the health, safety, and welfare of the citizens of the Town of Westlake.
All property owners, as required by the Town’s zoning ordinance, have been notified of these
public hearings before the Planning and Zoning Commission and the Town Council on this
proposed zoning change per property ownership shown on the 2008 Tarrant and Denton County
tax rolls.
FUNDING
There is no funding impact by this action.
RECOMMENDATION
4
Town Staff has recommended to the Planning & Zoning Commission that they submit to the
Town Council a recommendation of approval for the proposed amended zoning ordinances,
adding oil/gas drilling and production activities as an allowed use with an approved SUP in all
zoning districts in Westlake, Texas. The P&Z will consider this item at its April 23, 2009
meeting and the Commission’s recommendation will be presented to the Town Council on
Monday, April 27, 2009.
ATTACHMENTS
1. Example of typical amendment to the Land Use Tables.
2. Town of Westlake official zoning map.
3. Ordinance Nos. (see chart below):
Ord No. Case No. Zoning District
A.
610
Z-09-01
Straight zoning districts;
R-5, R-2, R-1, R-0.5, R-A, MF, LR, O, O-H, O-I, and GU.
B. 611 Z-09-02 PD-1
C. 612 Z-09-03 PD-2
D. 613 Z-09-04 PD- 3-1
E. 614 Z-09-05 PD- 3-3
F. 615 Z-09-06 PD- 3-4A
G. 616 Z-09-07 PD- 3-5A
H. 617 Z-09-08 PD- 3-6
I. 618 Z-09-09 PD- 3-7
J. 619 Z-09-10 PD- 3-8
K. 620 Z-09-11 PD- 3-9
L. 621 Z-09-12 PD- 3-10
M. 622 Z-09-13 PD- 3-11
N. 623 Z-09-14 PD- 3-12
O. 624 Z-09-15 PD- 4
Typical Gas and Oil use amendment to Land Use Schedules
Each Planned Development has its own Land Use Table. This is an example of how the Land
Use Tables for each Planned Development will be amended. The section titled Oil and Gas
Exploration will be modified for each district to read as shown on the following table. Please
note that a blank square, such as those along-side compressor stations and commercial salt water
disposal wells, means that the use is not allowed in that zoning district as a principal use.
Chapter 102 ZONING*
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.
(7) Any use not listed under Permitted Uses is not allowed.
Note: This table is for use as an example only. It has been modified and many non-gas and
oil related uses are not shown.
WESTLAKE LAND USE SCHEDULE
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 OHO-I
AGRICULTURAL USES
X X X X X Orchard X X X X X X
X X X X X Plant nursery (growing) X X X X X X
RESIDENTIAL USES
X X X X X Single-family detached S
Single-family zero lot line X
COMMERCIAL USES
Multifamily (apartments) X
Offices (general) X X X X
Studio X X X X
Banks and financial institutions X X X X
Information processing X X X
Hotel/motel with conferencing facility S X S X X
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts
including Planned Developments provided a Specific
Use Permit is approved.
S S S S S
Gas Well Pad Site
As defined in Chapter 56 of the Town of Westlake Code
of Ordinances
S S S S S S
Compressor Station/Facility
Salt water disposal well - Commercial
S S S S S Produced Storage (Tank Batteries) S S S S S S
1
TOWN OF WESTLAKE
ORDINANCE NO. 610
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING CHAPTER
102 OF THE TOWN OF WESTLAKE CODE OF ORDINANCES. AMENDING THE
LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND PRODUCTION
IN ALL ZONING DISTRICTS WITH AN APPROVED SPECIFIC USE PERMIT, AND
ADDING OTHER GAS AND OIL RELATED USES TO THE TABLE TO CLARIFY
WHICH DISTRICTS THEY ARE OR ARE NOT ALLOWED IN; PROVIDING A
PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That Chapter 102 of the Town of Westlake Code of Ordinances is hereby
amended to add the following uses to the Land Use Schedule:
Chapter 102 ZONING*
Article III. Permissible Uses
Division 1. Generally
Sec. 102-61. Land use schedule.
2
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.
(7) Any use not listed under Permitted Uses is not allowed.
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 OH O-I
OIL & GAS EXPLORATION
The following uses are allowed in all zoning
districts including Planned Developments provided
a Specific Use Permit is approved.
S S S S S
Gas Well Pad Site
As defined in Chapter 56 of the Town of Westlake
Code of Ordinances
S S S S S S
Compressor Station/Facility
Salt water disposal well - Commercial
S S S S S Produced Storage (Tank Batteries) S S S S S S
(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, 4-23-2007)
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this ordinance. Each day that a violation is permitted to exist shall constitute
a separate offense.
3
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 7: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC,Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 611
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
ORDINANCE NO. 202 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD-1 ZONING DISTRICT OF THE TOWN OF WESTLAKE. AMENDING THE
LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND PRODUCTION
WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING OTHER GAS AND
OIL RELATED USES TO THE SCHEDULE TO CLARIFY WHETHER THEY ARE OR
ARE NOT ALLOWED IN THIS DISTRICT; PROVIDING A PENALTY CLAUSE;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That Section 1. Principal Uses Permitted, be amended to add the
following uses:
Section 1. Principal Uses Permitted. No building, structure or premises shall be used other
than for the following purposes, together with the ancillary and accessory uses specified in
Section 2:
G. Gas Well Pad Sites and Produced Storage (tank batteries) as defined in Chapter 56
of the Town of Westlake Code of Ordinances. A Specific Use Permit is required for
all Gas Well Pad Sites and Produced Storage (tank batteries).
2
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC,Town Secretary Thomas Brymer, Town Manager
3
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 612
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE NO. 306 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD 2 DISTRICT OF THE TOWN OF WESTLAKE, AMENDING THE LAND USE
TO ALLOW GAS AND OIL DRILLING AND PRODUCTION WITH AN APPROVED
SPECIFIC USE PERMIT, AND ADDING OTHER GAS AND OIL RELATED USES TO
THE SCHEDULE TO CLARIFY WHETHER THEY ARE OR ARE NOT ALLOWED IN
THIS DISTRICT; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use is hereby amended to add the following uses:
2
PERMITTED USES Permitted “X”
Special Use “S”
Accessory “A”
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts
including Planned Developments provided a Specific
Use Permit is approved.
Gas Well Pad Site S
Compressor
Station/Facility
Salt water disposal well -
Commercial
Produced Storage (Tank
Batteries)
S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
3
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 613
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE NO. 308 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD 3-1 DISTRICT OF THE TOWN OF WESTLAKE, AND AMENDING THE
PLANNED DEVELOPMENT SUPPLEMENT CHAPTER 2, ARTICLE 2. AMENDING
THE LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND
PRODUCTION WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING
OTHER GAS AND OIL RELATED USES TO THE SCHEDULE TO CLARIFY
WHETHER THEY ARE OR ARE NOT ALLOWED IN THIS DISTRICT; PROVIDING
A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended to add the
following uses:
2
CIRCLE T PLANNING AREA 1--OFFICE/RETAIL
LAND USE SCHEDULE
X=Permitted, A=Accessory Use, S=SUP Sub-areas
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts
including Planned Developments provided a Specific
Use Permit is approved.
Single-Family Office
Gas Well Pad Site S S
Compressor Station/Facility
Salt water disposal well - Commercial
Produced Storage (Tank Batteries) S S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
3
SECTION 7. PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 7: EfFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
September 19, 2008 Article II. Uses PA 3 - Resort and Office Page 1
ORDINANCE
TOWN OF WESTLAKE
ORDINANCE NO. 614
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE NO. 600 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD 3-3 DISTRICT OF THE TOWN OF WESTLAKE, AND AMENDING THE
PLANNED DEVELOPMENT SUPPLEMENT CHAPTER 3, ARTICLE 2. AMENDING
THE LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND
PRODUCTION WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING
OTHER GAS AND OIL RELATED USES TO THE SCHEDULE TO CLARIFY
WHETHER THEY ARE OR ARE NOT ALLOWED IN THIS DISTRICT; PROVIDING
A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended to add the
following uses:
CIRCLE T PLANNING AREA 3 - RESORT
LAND USE SCHEDULE
2
PERMITTED USES Permitted “X”
Special Use “S”
Accessory “A”
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts
including Planned Developments provided a Specific
Use Permit is approved.
Gas Well Pad Site S
Compressor
Station/Facility
Salt water disposal well -
Commercial
Produced Storage (Tank
Batteries)
S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
3
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 615
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
ORDINANCE NO. 451 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD 3-4A DISTRICT OF THE TOWN OF WESTLAKE, AND AMENDING THE
PLANNED DEVELOPMENT SUPPLEMENT CHAPTER 4, ARTICLE 2. AMENDING
THE LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND
PRODUCTION WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING
OTHER GAS AND OIL RELATED USES TO THE SCHEDULE TO CLARIFY
WHETHER THEY ARE OR ARE NOT ALLOWED IN THIS DISTRICT; PROVIDING
A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended to add the
following uses:
2
CIRCLE T PLANNING AREA 4 - REGIONAL RETAIL
LAND USE SCHEDULE
PERMITTED USES
X=PERMITTED
A=ACCESSORY
S=SUP
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts including
Planned Developments provided a Specific Use Permit is
approved.
Gas Well Pad Site S
Compressor Station/Facility
Salt water disposal well -
Commercial
Produced Storage (Tank Batteries) S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
3
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 616
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
ORDINANCE NO. 452 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD 3-5A DISTRICT OF THE TOWN OF WESTLAKE, AND AMENDING THE
PLANNED DEVELOPMENT SUPPLEMENT CHAPTER 5, ARTICLE 2. AMENDING
THE LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND
PRODUCTION WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING
OTHER GAS AND OIL RELATED USES TO THE SCHEDULE TO CLARIFY
WHETHER THEY ARE OR ARE NOT ALLOWED IN THIS DISTRICT; PROVIDING
A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended to add the
following uses:
2
PLANNING AREA 5 – MIXED USE LAND USE SCHEDULE
PERMITTED USES
X = Permitted
S= Special Use
A = Accessory Use
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts
including Planned Developments provided a Specific Use
Permit is approved.
Gas Well Pad Site S
Compressor Station/Facility
Salt water disposal well -
Commercial
Produced Storage (Tank Batteries) S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
3
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 617
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE NO. 312 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD 3-6 DISTRICT OF THE TOWN OF WESTLAKE, AND AMENDING THE
PLANNED DEVELOPMENT SUPPLEMENT CHAPTER 6, ARTICLE 2. AMENDING
THE LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND
PRODUCTION WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING
OTHER GAS AND OIL RELATED USES TO THE SCHEDULE TO CLARIFY
WHETHER THEY ARE OR ARE NOT ALLOWED IN THIS DISTRICT; PROVIDING
A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended to add the
following uses:
2
CIRCLE T PLANNING AREA 6--OFFICE/RETAIL
LAND USE SCHEDULE
PERMITTED USES SUB-AREAS
X=Permitted, A=Accessory Use, S=SUP Retail 1 Office Single-Family
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts including Planned Developments provided a Specific Use
Permit is approved.
Gas Well Pad Site S S S
Compressor Station/Facility
Salt water disposal well – Commercial
Produced Storage (Tank Batteries) S S S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
3
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 618
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE NO. 313 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD 3-7 DISTRICT OF THE TOWN OF WESTLAKE, AND AMENDING THE
PLANNED DEVELOPMENT SUPPLEMENT CHAPTER 7, ARTICLE 2. AMENDING
THE LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND
PRODUCTION WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING
OTHER GAS AND OIL RELATED USES TO THE SCHEDULE TO CLARIFY
WHETHER THEY ARE OR ARE NOT ALLOWED IN THIS DISTRICT; PROVIDING
A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended to add the
following uses:
2
CIRCLE T PLANNING AREA 7 – WEST RESIDENTIAL
LAND USE SCHEDULE
PERMITTED USES SUB-AREAS
X=Permitted, A=Accessory Use, S=SUP Single-Family
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts including Planned Developments provided a Specific Use
Permit is approved
Gas Well Pad Site S
Compressor Station/Facility
Salt water disposal well – Commercial
Produced Storage (Tank Batteries) S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
3
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 619
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE NO. 314 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD 3-8 DISTRICT OF THE TOWN OF WESTLAKE, AND AMENDING THE
PLANNED DEVELOPMENT SUPPLEMENT CHAPTER 8, ARTICLE 2. AMENDING
THE LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND
PRODUCTION WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING
OTHER GAS AND OIL RELATED USES TO THE SCHEDULE TO CLARIFY
WHETHER THEY ARE OR ARE NOT ALLOWED IN THIS DISTRICT; PROVIDING
A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended to add the
following uses:
2
CIRCLE T PLANNING AREA 8 – WEST COMMERCIAL
LAND USE SCHEDULE
PERMITTED USES SUB-AREAS
X=Permitted, A=Accessory Use,
S=SUP Retail 1 Office Official Public Line
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts including Planned Developments provided a Specific Use
Permit is approved
A Gas Well Pad Site S S S S
A Compressor Station/Facility
A Salt water disposal well - Commercial
A Produced Storage (Tank Batteries) S S S S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
3
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 620
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE NO. 315 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD 3-9 DISTRICT OF THE TOWN OF WESTLAKE, AND AMENDING THE
PLANNED DEVELOPMENT SUPPLEMENT CHAPTER 9, ARTICLE 2. AMENDING
THE LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND
PRODUCTION WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING
OTHER GAS AND OIL RELATED USES TO THE SCHEDULE TO CLARIFY
WHETHER THEY ARE OR ARE NOT ALLOWED IN THIS DISTRICT; PROVIDING
A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended add the
following uses:
2
CIRCLE T PLANNING AREA 9 – NORTH COMMERCIAL
LAND USE SCHEDULE
PERMITTED USES SUB-AREAS
X=Permitted, A=Accessory
Use, S=SUP
Retail 1
Mixed
Use
Office
Multi-
Family
Public
Use
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts including Planned Developments provided a Specific Use
Permit is approved.
Gas Well Pad Site S S S S S
Compressor Station/Facility
Salt water disposal well -
Commercial
Produced Storage (Tank Batteries) S S S S S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
3
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 621
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
ORDINANCE NO. 592, BEING THE ORDINANCE WHICH CREATED THE PD 3-10
DISTRICT OF THE TOWN OF WESTLAKE. AMENDING THE LAND USE
SCHEDULE TO ALLOW GAS AND OIL DRILLING AND PRODUCTION WITH AN
APPROVED SPECIFIC USE PERMIT, AND ADDING OTHER GAS AND OIL
RELATED USES TO THE SCHEDULE TO CLARIFY WHETHER THEY ARE OR ARE
NOT ALLOWED IN THIS DISTRICT; PROVIDING A PENALTY CLAUSE;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended to add the
following uses:
2
CIRCLE T PLANNING AREA 3-10 - 377 SOUTH COMMERCIAL
LAND USE SCHEDULE
PERMITTED USES SUB-
AREAS
X=Permitted, A=Accessory Use,
S=SUP
Retail1
OIL & GAS EXPLORATION
The following uses are allowed in all zoning
districts including Planned Developments
provided a Specific Use Permit is approved.
Gas Well Pad Site S
Compressor Station/Facility
Salt water disposal well -
Commercial
Produced Storage (Tank
Batteries)
S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
3
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 622
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
ORDINANCE NO. 593, BEING THE ORDINANCE WHICH CREATED THE PD 3-11
DISTRICT OF THE TOWN OF WESTLAKE. AMENDING THE LAND USE
SCHEDULE TO ALLOW GAS AND OIL DRILLING AND PRODUCTION WITH AN
APPROVED SPECIFIC USE PERMIT, AND ADDING OTHER GAS AND OIL
RELATED USES TO THE SCHEDULE TO CLARIFY WHETHER THEY ARE OR ARE
NOT ALLOWED IN THIS DISTRICT; PROVIDING A PENALTY CLAUSE;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended to add the
following uses:
2
CIRCLE T PLANNING AREA 11
377 NORTH COMMERCIAL
LAND USE SCHEDULE
PERMITTED USES SUB-
AREAS
X=Permitted, A=Accessory Use, S=SUP Retail1
OIL & GAS EXPLORATION
The following uses are allowed in all zoning
districts including Planned Developments
provided a Specific Use Permit is approved.
Gas Well Pad Site S
Compressor Station/Facility
Salt water disposal well -
Commercial
Produced Storage (Tank Batteries) S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
3
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
Article II. Uses
June 9, 2008 PA 3-12 Conference and Educational Center - Page 1
ORDINANCE
TOWN OF WESTLAKE
ORDINANCE NO. 623
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
ORDINANCE NO. 591, BEING THE ORDINANCE WHICH CREATED THE PD 3-12
DISTRICT OF THE TOWN OF WESTLAKE. AMENDING THE LAND USE
SCHEDULE TO ALLOW GAS AND OIL DRILLING AND PRODUCTION WITH AN
APPROVED SPECIFIC USE PERMIT, AND ADDING OTHER GAS AND OIL
RELATED USES TO THE SCHEDULE TO CLARIFY WHETHER THEY ARE OR ARE
NOT ALLOWED IN THIS DISTRICT; PROVIDING A PENALTY CLAUSE;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended to add the
following uses:
CIRCLE T PLANNING AREA 3-3-B CONFERENCE AND EDUCATIONAL CENTER
AND DATA CENTER
LAND USE SCHEDULE
2
PERMITTED USES Permitted “X”
Special Use “S”
Accessory “A”
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts
including Planned Developments provided a Specific
Use Permit is approved.
Gas Well Pad Site S
Compressor Station/Facility
Salt water disposal well -
Commercial
Produced Storage (Tank
Batteries)
S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
3
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
1
TOWN OF WESTLAKE
ORDINANCE NO. 624
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE NO. 521, BEING THE ORDINANCE WHICH CREATED THE PD 4
DISTRICT OF THE TOWN OF WESTLAKE, AMENDING THE LAND USE TO
ALLOW GAS AND OIL DRILLING AND PRODUCTION WITH AN APPROVED
SPECIFIC USE PERMIT, AND ADDING OTHER GAS AND OIL RELATED USES TO
THE SCHEDULE TO CLARIFY WHETHER THEY ARE OR ARE NOT ALLOWED IN
THIS DISTRICT; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use is hereby amended to add the following uses:
2
PERMITTED USES Permitted “X”
Special Use “S”
Accessory “A”
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts
including Planned Developments provided a Specific
Use Permit is approved.
Gas Well Pad Site S
Compressor
Station/Facility
Salt water disposal well -
Commercial
Produced Storage (Tank
Batteries)
S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
3
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
9. FUTURE AGENDA ITEMS: Any Council member may request at a workshop
and / or Council meeting, under “Future Agenda Item Requests”, an agenda item
for a future Council meeting. The Council Member making the request will
contact the Town Manager with the requested item and the Town Manager will
list it on the agenda. At the meeting, the requesting Council Member will explain
the item, the need for Council discussion of the item, the item’s relationship to the
Council’s strategic priorities, and the amount of estimated staff time necessary to
prepare for Council discussion. If the requesting Council Member receives a
second, the Town Manager will place the item on the Council agenda calendar
allowing for adequate time for staff preparation on the agenda item.
- None
Town of
Westlake
Item # 9 –
Future Agenda
Items
Council Planning Calendar
Items not scheduled for a specific meeting are listed here (require discussion):
Date Contact Description Format
5/23/08 J. Greenwood Southlake Waterline Proposal Workshop
5/30/08 T. Meyer Cemetery Rules and Regulations Workshop
7/29/08 T. Meyer Park and Rec. Adv. Board Workshop
1/13/09 T. Brymer Deloitte Status Presentation Workshop
May 18, 2009, Meeting (submittal deadline May 7) 7 p.m.
Date Contact Description Format
3/15/09 D. Piper Financial Forecast Workshop
12/9/08 J. Greenwood FM 1938 Streetscape concepts presentation Workshop
2/16/09 T. Wood Personnel Manual Amendments (consent) Meeting
4/17/09 K. Sutter Canvass the Elections Results Meeting
4/17/09 K. Sutter Administer Oaths of Office to newly elected officials Meeting
4/20/09 K. Sutter Annual Report from the Westlake Society of Public Art Workshop
June 8, 2009, Meeting (submittal deadline May 28) 7 p.m.
Date Contact Description Format
4/20/09 A Degan Collection Agency Contract Meeting
June 22, 2009, Meeting (submittal deadline June 11) 7 p.m.
Date Contact Description Format
3/17/09 K. Sutter Board, Commission and Committee Appointments Meeting
4/20/09 T. Meyer Trail System Update Workshop
July 13, 2009, Meeting (submittal deadline July 2) 7 p.m.
Date Contact Description Format
August 10, 2009, Meeting (submittal deadline July 30) 7 p.m.
Date Contact Description Format
August 31, 2009, Meeting (submittal deadline August 20) 7 p.m.
Date Contact Description Format
May 2009 4 June 2009 5 July 2009 6
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 2 1 2 3 4 5 6 1 2 3 4
3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11
10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18
19 20 21 22 23 24 25 22 22 23 24 25 26 27 19 20 21 22 23 24 25
17 18 19 20 21 22 23 28 29 30 26 27 28 29 30 31
24/31 25 26 27 28 29 30
Council Meeting Holiday
Trustees Meeting Election Day
Trustees Meeting Last day of School
10. COUNCIL CALENDAR.
- Early Voting begins
o April 27, 2009
- TML Legislative Status Report
o April 17, 2009, Austin
- Masterworks Lunchtime Concert Series
o May 1, 2009, 12 noon, Solana Courtyard
- Masterworks Lunchtime Concert Series
o May 8, 2009, 12 noon, Solana Courtyard
- General Election Day
o May 9, 2009
- Decoration Day
o Monday, May 25,2009, I.O.O.F. Cemetery
- TML Legislative Wrap-up
o June 26, 2009, Marriott Las Colinas, Irving
- TML Legislative Wrap-up
o June 29, 2009, Austin
Town of
Westlake
Item # 10 –
Council Calendar
Town of
Westlake
Item # 11 –
Adjournment
Back up material has not
been provided for this item.