HomeMy WebLinkAbout08-10-09 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
August 10, 2009
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
COUNCIL CHAMBERS / MUNICIPAL COURT ROOM
7:00 p.m.
1. CALL TO ORDER.
2. PLEDGE OF ALLEGIANCE.
3. 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.
4. 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.
Town of Westlake Town Council Page 2 of 4
Regular Meeting Agenda
August 10, 2009
a. Review and approve minutes of the Town Council Workshop and Regular meeting
held on July 13, 2009.
b. Consider an Ordinance approving a negotiated resolution between the ATMOS Cities
Steering Committee (“ACSC” or “Steering Committee”) and ATMOS ENERGY
CORP., MID-TEX DIVISION ("ATMOS MID-TEX" or "company") regarding the
company's rate review mechanism.
c. Consider a Resolution authorizing the Town Manager to enter into an agreement with
the State of Texas Department of Transportation (TxDOT) as a “blanket” agreement
for the construction, maintenance and operation of safety lighting within the Town of
Westlake.
d. Consider a Resolution approving an amended Fees and Use Schedule.
e. Consider a Resolution authorizing the Westlake Public Art Society to proceed with
the process of applying for 501(c)3 status with the Internal Revenue Service.
f. Consider a Resolution reducing the number of members serving on the Westlake
Historical Preservation Society.
g. Consider a Resolution authorizing the Town Manager to enter into a contract with
Building Code Consulting Services for third-party inspections and plan review
services for the Deloitte Conference Center project.
h. Consider a Resolution authorizing an amendment to the Pivot Building Service
agreement for janitorial services at the Westlake Civic Campus.
5. PRESENTATION RECOGNIZING OUTGOING TOWN SECRETARY.
THE COUNCIL WILL RECESS THE MEETING FOR A BRIEF RECEPTION.
6. CONSIDER A RESOLUTION APPOINTING A MEMBER TO THE PLANNING
AND ZONING COMMISSION.
7. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE
AMENDING CHAPTER 102 OF THE TOWN OF WESTLAKE CODE OF
ORDINANCES, AMENDING THE LAND USE SCHEDULE TO ALLOW
PRIVATE WATER WELLS IN ALL ZONING DISTRICTS WITHOUT AN
APPROVED SPECIFIC USE PERMIT AND ADDING A SECTION REGULATING
THE PLACEMENT AND SCREENING REQUIREMENTS FOR SURFACE
EQUIPMENT RELATED TO A PRIVATE WATER WELL.
8. CONDUCT A PUBLIC HEARING AND CONSIDER A RESOLUTION
APPROVING AN APPLICATION FOR THE FINAL PLAT OF DELOITTE
UNIVERSITY CONFERENCE CENTER; LOCATED IN THE PD 3-12 ZONING
Town of Westlake Town Council Page 3 of 4
Regular Meeting Agenda
August 10, 2009
DISTRICT.
9. CONDUCT A PUBLIC HEARING AN CONSIDER AN ORDINANCE
APPROVING AN APPLICATION FOR A SPECIFIC USE PERMIT (SUP) TO
ALLOW A GAS WELL PAD SITE TO BE LOCATED WITHIN THE PD 1
PLANNED DEVELOPMENT ZONING DISTRICT LOCATED AT 2450
PRECINCT LINE ROAD.
10. 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
11. COUNCIL CALENDAR.
- Dedication and Ribbon Cutting for the Sam and Margaret Lee Arts &
Sciences Center
o August 28, 2009, Westlake Academy Campus
- Town Council Workshop and Regular meeting and Special Called
Trustees Meeting
o August 31, 2009
- Vaquero Baja (fundraiser for the Academy)
o September 14, 2009, 3:30 p.m.
- Town Council Workshop and Regular meeting
o September 21, 2009
- Town of Westlake Arbor Day Celebration
o September 26, 2009, 4 p.m., Glenwyck Farms Park
- Town Council Workshop and Regular meeting
o October 5, 2009
- Town Council Workshop and Regular meeting
o October 26, 2009
- Town Council Workshop and Regular meeting
o November 9, 2009
- Town Council Workshop and Regular meeting
o December 14, 2009
12. EXECUTIVE SESSION.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
Town of Westlake Town Council Page 4 of 4
Regular Meeting Agenda
August 10, 2009
a. Section 551.074 to discuss personnel matters. Discuss employment of Town
Secretary.
b. Sec. 551.071(2)- Consult with the Town Attorney regarding a Roadway Funding
Agreement with Roland Arthur.
c. Sec. 551.072- Property- Deliberate the sale, exchange, or value of real property-
FM 1938 ROW
13. RECONVENE MEETING
14. CONSIDER A RESOLUTION APPROVING AN ADDENDUM TO THE
ROADWAY FUNDING AGREEMENT WITH ROLAND ARTHUR FOR FM
1938.
15. CONSIDER A RESOLUTION EXPRESSING THE TOWN COUNCILS INTENT
TO PURSUE CONDEMNATION FOR ALL NECESSARY RIGHT-OF-WAY AND
EASEMENTS RELATED TO THE CONSTRUCTION OF FM 1938 BY THE
TEXAS DEPARTMENT OF TRANSPORTATION.
16. TAKE ANY NECESSARY ACTION FROM EXECUTIVE SESSION, IF
NECESSARY.
17. 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,
August 7, 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
Item # 3 – 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
July 13, 2009
PRESENT: Mayor Laura Wheat and Council Members Larry Corson, Carol Langdon, Rick
Rennhack, and Rebecca Rollins.
ABSENT: Council Member Tim Brittan.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Cathy
Cunningham, Town Secretary Kim Sutter, Finance Director
Debbie Piper, Facilities and Recreation Director Troy Meyer,
Public Works Superintendent Jarrod Greenwood, Director of
Human Resources and Administrative Services Todd Wood, Court
Administrator Amanda DeGan, and Assistant to the Town
Manager Ginger Awtry.
1. CALL TO ORDER.
Mayor Wheat called the workshop to order at 4:35 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM JULY 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 July 13, 2009, regular meeting.
Town Manager Brymer advised that staff would like to discuss two items on the consent
agenda.
Director of Human Resources and Administrative Services addressed the Council
regarding consent agenda item 6(d) related to a proposed surplus property disposal
policy. Mr. Wood advised the Council that a similar policy will be presented to the
Board of Trustees for consideration.
Mr. Brymer and Mr. Wood addressed questions from the Council regarding the proposed
surplus property disposal policy.
Town of Westlake Town Council Page 2 of 3
Workshop Minutes
July 13, 2009
Public Works Superintendent Greenwood addressed the Council regarding consent
agenda item 6(e) related to the Stagecoach Hills drainage improvements. Mr.
Greenwood stated that the bid amount is $30,000 less than a previously submitted bid
due to clarification on the sidewalls and better defined expectations in the bid package.
3. DISCUSS AND REVIEW A DRAFT CAPITAL IMPROVEMENT PLAN.
Town Manager Brymer advised that the Council reviewed a draft CIP at the June 22,
2009, mini-retreat and changes were made based on Council input. Mr. Brymer advised
that staff has completed the compilation of a five (5) year Capital Improvement Plan for
the Town, and that the projects have been placed in the various years of the five (5) year
planning period with cost escalation and operations/maintenance costs as appropriate.
Mr. Brymer stated that staff recommends the Council review and adopt the plan annually
to guide the CIP process as well as the annual budget for the next fiscal year.
Public Works Superintendent Greenwood presented the following proposed CIP’s:
- Stagecoach Hills Street construction and drainage
- Mahotea Boone reconstruction and drainage
- Aspen Lane reconstruction and drainage
- Dove Road reconstruction and drainage (Ottinger - Vaquero)
- Dove Road reconstuction and drainage (Vaquero - Terra Bella)
- Roanoake Road reconstruction and drainage (Hwy 170 to Town limits)
- Roanoke Road reconstruction and drainage (Hwy 170-Daimler Chrylser)
- J.T. Ottinger Road reconstruction and drainage (Westlake Academy to Town limits)
- Sam School Road reconstruction and drainage (Solana - Town limits)
- FM 1938 Streetscape/Wayfinding
- N-1 sewer line transfer
- N-1 sewer line transfer/ inflow and infiltation repairs
(remainder of Capital Improvement Projects were discussed in the July 13, 2009, regular
meeting.)
Discussion ensued regarding the need to reconstruct any roads at this time, and the
impact of future gas well drilling activities on the roads.
Facilities and Recreation Director Meyer presented the following proposed CIP’s
- Park improvements
- Municipal Complex
- Fire Station
- Water Well for Civic Campus
- Westlake Academy - South parking area
o Council recommended additional lighting be considered
- Westlake Academy - West parking area improvments
- Westlake Academy - Cover existing walkway
Town of Westlake Town Council Page 3 of 3
Workshop Minutes
July 13, 2009
- Cemetery improvements - bring back consultant cost, determine when we can sell
spaces, replace fence, etc.
(remainder of Capital Improvement Projects were discussed in the July 13, 2009, regular
meeting.)
Town Manager Brymer advised the Council that an item to adopt the CIP has been
included on the July 13, 2009, regular meeting agenda.
4. DISCUSS AND REVIEW TOWN OF WESTLAKE STRATEGIC PLAN.
This item will be discussed at the July 13, 2009, regular meeting.
5. FUTURE AGENDA ITEMS.
No items were presented for consideration.
6. ADJOURNMENT.
There being no further business, Mayor Wheat adjourned the workshop at 7:13 p.m.
APPROVED BY THE TOWN COUNCIL ON AUGUST 10, 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
_______________________________
Kim Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
July 13, 2009
PRESENT: Mayor Laura Wheat and Council Members Larry Corson, Carol Langdon, Rick
Rennhack, and Rebecca Rollins.
ABSENT: Council Member Tim Brittan.
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Cathy Cunningham,
Town Secretary Kim Sutter, Public Works Superintendent Jarrod
Greenwood, Finance Director Debbie Piper, Court Administrator
Amanda DeGan, Assistant to the Town Manager Ginger Awtry,
and Lt. Richard Whitten.
1. CALL TO ORDER.
Mayor Wheat called the meeting to order at 7:48 p.m.
2. PLEDGE OF ALLEGIANCE.
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. CITIZEN PRESENTATIONS.
Ms. Joyce Gibson-Roach of Keller, addressed the Council regarding the Westlake
History Book, and stated that the book has been dedicated to Mr. Jack Wiesman and read
the book dedication to the Council. Ms. Roach expressed her appreciation to Mr.
Wiesman and commended him for his contributions to the book.
Additionally, Ms. Roach recognized Mr. Allen Heath, Ms. Jaymi Ford and Ms. Terri
Bahun for their photographs used in the book and advised that an acknowledgment page
would be inserted in the book giving proper recognition.
Town of Westlake Town Council Page 2 of 6
Regular Meeting Minutes
July 13, 2009
Ms. Roach further recognized WHPS President Sharon Sanden, and Town Secretary Kim
Sutter for their assistance during the writing of the book, and Mr. Alan Werst for his
contributions associated with Decoration Day and the promotion of the Buddy Poppy.
Ms. Sharon Sanden expressed appreciation to Troy Meyer for obtaining donations for the
Decoration Day event and Mr. Alan Werst for collection of donations associated with the
Buddy Poppy distribution
Mr. Alan Werst advised the Council that a check for $644.39 will be presented to the
local VFW club.
4. HEAR AND DISCUSS REPORT FROM AUTHOR OF THE LITTLE TOWN THAT
COULD, WESTLAKE, TEXAS ORIGINS AND LEGACIES.
Ms. Joyce Gibson-Roach addressed the Council regarding the item and provided an
update relative to book sales and continued marketing of the book.
Mrs. Sharon Sanden, president of the Westlake Historical Preservation Society, addressed
the Council regarding upcoming events and finances, specifically related to the
publishing and sale of the book, marketing plans, and a book launch in the fall.
5. HEAR AND DISCUSS REQUEST BY WESTLAKE PUBLIC ART SOCIETY TO
APPLY FOR 501(C)3 STATUS.
Mr. David Rollins, president of the Westlake Public Art Society, addressed the Council
regarding the item.
Mr. Rollins stated that the Society is fully aware of Internal Revenue Service regulations
associated with 501(c)3 status, and member Shannon Larue will undertake the tasks
associated with the status as her background is in finance.
Council Member Rennhack inquired as to how the establishment of a 501(c)3 will impact
the interactions and oversight between the Society and the Town Council.
Town Manager Brymer stated that the Council will retain the authority to appoint
members to the Society as the Council established the Society; however: if the Westlake
Public Art Society becomes a 501(c)3, the Town would need to contract with the Art
Society to handle funding allocations. Mr. Brymer added that per the Council policy, the
Society would be responsible for meeting the IRS regulations, audit cost and the 990
preparation and filing with the Internal Revenue Service.
Mayor Wheat and Council Member Rennhack stated that they understand the
disadvantage of not being a 501(c)3 and trying to raise and accept donations.
Town Manager Brymer stated that the contract would outline how the Town allocated
funding would be spent.
Town of Westlake Town Council Page 3 of 6
Regular Meeting Minutes
July 13, 2009
Council Member Rennhack suggested that the same firm that audits the Town’s
financials also audit non-profits association with the Town.
Town Manager Brymer advised the Council that an item will appear on the August 10,
2009, regular meeting agenda for consideration and approval for the Westlake Public Art
Society to proceed with applying for 501(c) 3 status with the State.
6. CONSENT AGENDA.
Mayor Wheat introduced the item and asked for a motion to approve the consent agenda.
a. Review and approve minutes of the Town Council Workshop and Regular meeting
held on June 8, 2009.
b. Review and approve minutes of the Town Council Strategic Planning Retreat held on
June 22, 2009.
c. Review and approve minutes of the Town Council Special meeting held on June 22,
2009.
d. Resolution No. 09-31 - Consider a Resolution approving the Town of Westlake
Surplus Property Disposal Policy.
e. Resolution No. 09-32 - Consider a Resolution authorizing the Town Manager to
enter into an agreement with Bristow Contracting for drainage improvements in
Stagecoach Hills.
MOTION: Council Member Rollins 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.
7. CONSIDER A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS
TO THE FOLLOWING BOARDS, COMMISSIONS, AND COMMITTEES:
Mayor Wheat introduced the item.
Town Secretary Sutter reviewed the expiring terms for each of the following Boards,
Commissions, and Committees and advised the Council that two applications have been
received for consideration.
a. 4B Economic Development Board;
b. Westlake Historical Preservation Society;
c. Planning and Zoning Commission;
d. Westlake Public Art Society;
e. Texas Student Housing Authority and Entities; and
f. Westlake Academy Foundation Board of Directors.
Town of Westlake Town Council Page 4 of 6
Regular Meeting Minutes
July 13, 2009
In addition to the reappointments, it was the consensus of the Board to appoint the
following individuals:
Board Term Expires Name
- 4B Economic Development Board June 2011 Rick Rennhack
- Historical Preservation Society June 2012 Karen Stoltenberg
- Academy Foundation Board June 2011 Jack Risenhoover
MOTION: Council Member Langdon made a motion to approve Resolution No. 09-
33, appointing and reappointing members to the Council’s Boards,
Commissions, and Committees. Council Member Rollins seconded the
motion. The motion carried by a vote of 4-0.
8. CONSIDER A RESOLUTION APPROVING AND ADOPTING A STRATEGIC
PLAN FOR THE TOWN.
Town Manager Brymer advised the Council that this plan is a draft based on Council input
and discussion dating back to June 2008. Mr. Brymer stated that an approved plan would
provide staff direction as to the Council’s goals for the Town.
Mr. Brymer recognized the Town staff for their efforts associated with the plan and
recognized Court Administrator Amanda DeGan for serving as the lead on this project.
Council Members Rollins and Langdon commended Town staff for their efforts in
preparing the plan.
Discussion ensued with regard to landscaped neighborhood entrances and whether or not
they conflict with the Town’s desire to promote water conservation.
Mayor Wheat stated that she would like to see a cost comparative budget related to other
Charter schools to determine if the IB component causes the budget shortfall.
Town Manager Brymer stated that he would like to look at a per student cost.
MOTION: Council Member Corson made a motion to approve Resolution No. 09-34,
approving and adopting a Strategic Plan for the Town. Council Member
Rollins seconded the motion. The motion carried by a vote of 4-0.
9. CONSIDER A RESOLUTION ADOPTING A TOWN CAPITAL
IMPROVEMENT PLAN (CIP).
Town Manager Brymer presented the item and advised that each staff member will provide
further details on the proposed projects.
Public Works Superintendent Greenwood presented the following projects to the Council:
(other Capital Improvement Projects were discussed at the July 13, 2009, Council
workshop)
- Stagecoach Hills waterline connection
Town of Westlake Town Council Page 5 of 6
Regular Meeting Minutes
July 13, 2009
- Ground storage tank
- J.T. Ottinger / Dove Road intersection
Discussion ensued regarding the Stagecoach Hills waterline connection and the need to
upsize the water line today and possible debt issuance for funding of the ground storage
tank.
Council Member Corson asked if the CIP projects can be classified by those that the Town
is contractually obligated to complete, by need (morally obligated), as well as nice to
haves. Council Member Rennhack expressed his support for Council Member Corson
suggestion.
Town Manager Brymer suggested the projects also be segregated by designated funds.
Facilities and Recreation Director Meyer presented the following projects to the Council:
(other Capital Improvement Projects were discussed at the July 13, 2009, Council
workshop)
- Deloitte trail connection project on Dove Road (Down Dove to Pearson to Vaquero)
- West Dove Road trail connection to J.T. Ottinger Road
Town Manager Brymer offered to make the necessary revisions and bring the CIP back to
the Council for consideration.
10. FUTURE AGENDA ITEMS.
There were no items presented for consideration.
11. COUNCIL CALENDAR.
Mayor Wheat reviewed the Council calendar.
- NW Metroport Chamber of Commerce Pink, Plaid, and Polka Dot event
o July 22, 2009, 8:30 to 11:30 a.m., Marriott Solana
- TML Newly Elected City Official Orientation
o July 24-25, 2009, Austin
- TML Newly Elected City Official Orientation
o August 7-8, 2009, Austin
- NW Metroport Chamber of Commerce Legislative Breakfast
o August 26, 2009, DFW Marriott, Fort Worth, 7:30 a.m. to 9 a.m.
- Dedication and Ribbon Cutting for the Sam & Margaret Lee Arts and
Sciences Center
o August 28, 2009, Westlake Academy Campus
- Vaquero Baja (fundraiser for the Academy)
o September 14, 2009, 3:30 p.m.
Town of Westlake Town Council Page 6 of 6
Regular Meeting Minutes
July 13, 2009
12. ADJOURNMENT.
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Rollins seconded the motion. The motion carried by a
vote of 4-0.
Mayor Wheat adjourned the meeting at 10:15 p.m.
APPROVED BY THE TOWN COUNCIL ON AUGUST 10, 2009.
__________________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________
Kim Sutter, TRMC, Town Secretary
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Regular Meeting of August 10, 2009
Date: July 28, 2009
ITEM
Consider an Ordinance approving a negotiated resolution between the ATMOS Cities
Steering Committee (“ACSC” or “Steering Committee”) and ATMOS ENERGY CORP.,
MID-TEX DIVISION ("ATMOS MID-TEX" or "company") regarding the company's
rate review mechanism.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; We are Leaders
o High quality services delivery coupled with financial stewardships
BACKGROUND
The Town, along with 150 other cities served by Atmos Energy Mid-Tex Division
("Atmos Mid-Tex” or "Company"), is a member of the Atmos Cities Steering Committee
("ACSC" or “Steering Committee”). On March 6, 2009, Atmos Mid-Tex filed with the
Town an application to increase natural gas rates pursuant to the Rate Review
Mechanism ("RRM") tariff approved by the Town as part of the settlement of the Atmos
Mid-Tex 2007 Statement of Intent to increase rates.
The Atmos Mid-Tex March RRM filing sought a $20.2 million rate increase. The Town
worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to
support its request to increase rates. The Ordinance and attached RRM tariff are the
result of negotiation between ACSC and the Company to resolve issues raised by ACSC
during the review and evaluation of ACSC's RRM filing. The Ordinance and RRM
tariffs approve rates that will increase the Company's revenues by $2.6 million effective
for bills rendered on or after August 1, 2009. The monthly bill impact for the average
residential customer will be a $0.15 increase (about a 0.22% increase in the total bill).
Please note that current rates contain a true-up component ($9 million to be collected
over twelve months) from the first RRM in 2008. Collection of the 2008 true-up amount
is scheduled to end on November 1, 2009. The rate impact of that 2008 true-up amount
for the period August 1 – October 31, 2009 is $1,006,073. To simplify the process and to
reduce rate fluctuations, the parties have agreed to eliminate collection of the 2008 true-
up on August 1, 2009 rather than November 1, 2009. The remaining $1,006,073 that is
still owed from the 2008 true-up will be recovered as part of the 2009 true-up over 12
months rather than 3 months. This change related to the 2008 true-up amount is revenue
and rate impact neutral.
The ACSC Executive Committee recommends that all ACSC Cities adopt the Ordinance
implementing the rate change.
RRM Background:
The RRM tariff was approved by ACSC Cities as part of the settlement agreement to
resolve the Atmos Mid-Tex 2007 rate increase case. Atmos Mid-Tex’s current action
represents the second filing pursuant to the three-year trial project known as the RRM
process. The RRM process was created collaboratively by ACSC and Atmos Mid-Tex as
an alternative to the GRIP surcharge process. The RRM process allows for a more
comprehensive rate review and annual adjustment that will function as a substitute for
future GRIP filings during the three-year trial period specified by the tariff.
There are two components to the RRM adjustment. The prospective component adjusts
rates for known and measurable changes in O&M and net plant investment. Atmos Mid-
Tex and ACSC agreed to cap changes to expenses and invested capital at no more than
5%. The true-up component evaluates whether the Company has over or underrecovered
its earnings for the previous year. For purposes of the RRM true-up component, the
Atmos Mid-Tex rate of return on equity and its capital structure are frozen to avoid the
parent company from manipulating the overall rate of return. Costs expressly prohibited
from recovery through the RRM include first-class air fare, travel, meals or entertainment
for an employee's spouse, alcohol, sports events, entertainment, arts and cultural events,
sponsorship of sports, arts or cultural events, and social club membership dues.
Purpose of the Ordinance:
The purpose of the Ordinance is to approve rate tariffs (“Attachment A”) and Proof of
Revenues (“Attachment B”) that reflect the negotiated rate change pursuant to the RRM
process. In addition to the RRM tariffs, the Ordinance also approves a revision to the
Atmos Mid-Tex current Gas Cost Recovery ("GCR") tariff to allow the Company to
recover certain hedging costs associated with natural gas futures through the GCR tariff.
As a result of the negotiations, ACSC was able to reduce the Company's requested $20.2
million RRM increase by more than 70%. Approval of the Ordinance will result in rates
that implement a $2.6 million increase in Atmos' revenues effective August 1, 2009.
Reasons Justifying Approval of the Negotiated Resolution:
During the time that the Town has retained original jurisdiction in this case, consultants
working on behalf of ACSC cities have investigated the support for the Company's
requested rate increase. While the evidence does not support the $20.2 million increase
requested by the Company, ACSC consultants agree that the Company can justify a slight
increase in revenues. The agreement on $2.6 million is a compromise between the
positions of the parties.
The alternative to a settlement of the RRM filing would be a contested case proceeding
before the Railroad Commission of Texas (“RRC”) on the Company's current
application, would take several months and cost ratepayers millions of dollars in rate case
expenses and would not likely produce a result more favorable than that to be produced
by the settlement. The ACSC Executive Committee recommends that ACSC members
take action to approve the Ordinance authorizing new rate tariffs.
With regard to the revision to the GCR tariff, ACSC has advocated that the Company use
hedging as a risk management tool to help mitigate volatile natural gas prices. The tariff
change is consistent with ACSC's prior position.
Explanation of "Be It Ordained" Paragraphs:
1. This paragraph approves all findings in the Ordinance.
2. This section adopts the attached tariffs (“Attachment A”) and the Company's Proof of
Revenues (“Attachment B”) in all respects and finds the rates set pursuant to the
attached tariffs to be just, reasonable and in the public interest. Note that only new
tariffs or existing tariffs being revised are attached to the Ordinance. Existing tariffs
not being changed in any way are not attached to the Ordinance.
3. This section requires the Company to reimburse ACSC for reasonable rate making
costs associated with reviewing and processing the RRM application.
4. This section repeals any resolution or ordinance that is inconsistent with this
Ordinance.
5. This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
6. This section is a savings clause, which provides that if any section(s) is later found to
be unconstitutional or invalid, that finding shall not affect, impair or invalidate the
remaining provisions of this Ordinance. This section further directs that the
remaining provisions of the Ordinance are to be interpreted as if the offending section
or clause never existed.
7. This section is a "Most Favored Nations" clause, which protects the Town by
mandating that if the Town determines any rates, revenues, terms and conditions, or
benefits resulting from a Final Order or subsequent negotiated settlement approved in
any proceeding addressing the issues raised in the Company’s RRM filing would be
more beneficial to the Town than the terms of the attached tariff, then the more
favorable rates, revenues, terms and conditions, or benefits shall additionally accrue
to the Town.
8. This section allows the Company to recover certain costs associated with natural gas
hedging through the GCR tariff.
9. This section provides for an effective date upon passage.
10. This paragraph directs that a copy of the signed Ordinance be sent to a representative
of the Company and legal counsel for ACSC.
FUNDING
RECOMMENDATION
ATTACHMENTS:
Ordinance No. 629
Exhibit A – Rate Tariffs
Exhibit B – Proof of Revenues
RRM Fact Sheet as prepared by ACSC
Atmos RRM Ordinance 1
TOWN OF WESTLAKE
ORDINANCE NO. 629
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ("TOWN") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE
ATMOS CITIES STEERING COMMITTEE (“ACSC” OR “STEERING COMMITTEE”)
AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR
"COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM
FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING
EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO
REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE
NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE
ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS'
PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT
THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS
OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND
REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE
STEERING COMMITTEE'S LEGAL COUNSEL.
WHEREAS, the Town of Westlake, Texas ("Town") is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or " Company"), and a regulatory authority
with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee ("ACSC"
or “Steering Committee”), a coalition of more than 150 similarly situated cities served by Atmos
Mid-Tex that have joined together to facilitate the review and response to natural gas issues
affecting rates charged in the Atmos Mid-Tex service area (such participating cities are referred
to herein as "ACSC Cities"); and
WHEREAS, pursuant to the terms of the agreement settling the Company's 2007
Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to
develop the Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review
process controlled in a three year experiment by ACSC Cities as a substitute to the current GRIP
process instituted by the Legislature; and
WHEREAS, the Town took action in 2008 to approve a Settlement Agreement with
Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and
WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC
Cities' reasonable expenses associated with RRM applications; and
WHEREAS, on or about March 6, 2009, Atmos Mid-Tex filed with the Town its
second application pursuant to the RRM tariff to increase natural gas rates by approximately
$20.2 million, such increase to be effective in every municipality that has adopted the RRM tariff
within its Mid-Tex Division; and
Atmos RRM Ordinance 2
WHEREAS, ACSC Cities coordinated its review of Atmos' RRM filing and designated
a Settlement Committee made up of ACSC representatives and assisted by ACSC attorneys and
consultants to resolve issues identified by ACSC in the Company’s RRM filing; and
WHEREAS, the Company has filed evidence that existing rates are unreasonable and
should be changed; and
WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos Mid-
Tex is able to justify a slight rate increase over current rates; and
WHEREAS, the Steering Committee has advocated in other proceedings that Atmos
Mid-Tex hedge natural gas futures in order to mitigate the volatility of natural gas prices, which
are a flow through to customers; and
WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and
consultants, recommend that ACSC members approve the attached rate tariffs ("Attachment A"
to this Ordinance), which will increase the Company's revenue requirement by $2.6 million; and
WHEREAS, the attached tariffs implementing new rates and Atmos' Proof of Revenues
("Attachment B" to this Ordinance) are consistent with the negotiated resolution reached by
ACSC Cities and are just, reasonable, and in the public interest; and
WHEREAS, it is the intention of the parties that if the Town determines any rates,
revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated
settlement approved in any proceeding addressing the issues raised in the Company’s RRM
filing would be more beneficial to the Town than the terms of the attached tariff, then the more
favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the Town;
and
WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting
rates are, as a whole, in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things
approved.
Section 2. That the Town Council finds that the existing rates for natural gas service
provided by Atmos Mid-Tex are unreasonable and new tariffs and Atmos' Proof of Revenues,
which are attached hereto and incorporated herein as Attachments A and B, are just and
reasonable and are hereby adopted.
Section 3. That Atmos Mid-Tex shall reimburse the reasonable rate making expenses
of the ACSC Cities in processing the Company's rate application.
Section 4. That to the extent any resolution or ordinance previously adopted by the
Council is inconsistent with this Ordinance, it is hereby repealed.
Atmos RRM Ordinance 3
Section 5. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to
be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 7. That if the Town determines any rates, revenues, terms and conditions, or
benefits resulting from a Final Order or subsequent negotiated settlement approved in any
proceeding addressing the issues raised in the Company’s RRM filing would be more beneficial
to the Town than the terms of the attached tariff, then the more favorable rates, revenues, terms
and conditions, or benefits shall additionally accrue to the Town.
Section 8. That the Company's Gas Cost Recovery tariff is revised to permit recovery
of certain costs associated with hedging natural gas futures.
Section 9. That this Ordinance shall become effective from and after its passage with
rates authorized by attached Tariffs to be effective for bills rendered on or after August 1, 2009.
Section 10. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of
David Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420
LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC,
at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED this 13 day of August 2009.
_________________________________
Laura Wheat, Mayor
ATTEST:
__________________________________
Kim Sutter, Town Secretary
APPROVED AS TO FORM:
___________________________________
L. Stanton Lowry, Town Attorney
ATTACHMENT B
Line
No.
Prospective
Rate Increase 2008 True-up
Total change from
current rates
(a)(b)(c)(d)
1 Rate R
2 Consumption Charge per MCF
3 Change from Current Rate $0.1047 $0.0060 $0.0297
4 Billing Units for Specified Period 82,321,960 82,321,960 82,321,960
5 Total Change in Base Revenue $8,619,109 $493,932 $2,444,962
6 Associated Revenue Taxes $532,144 $30,495 $150,952
7 Total Rate Impact $9,151,253 $524,427 $2,595,914
8 Number of Bills for Specified Period 17,244,058 17,244,058 17,244,058
9 Average Impact per Bill $0.53 $0.03 $0.15
10 Rate C
11 Consumption Charge per MCF
12 Change from Current Rate $0.0383 $0.0052 $0.0068
13 Billing Units for Specified Period 52,439,100 52,439,100 52,439,100
14 Total Change in Base Revenue $2,008,418 $272,683 $356,586
15 Associated Revenue Taxes $124,000 $16,835 $22,016
16 Total Rate Impact $2,132,417 $289,519 $378,601
17 Number of Bills for Specified Period 1,452,943 1,452,943 1,452,943
18 Average Impact per Bill $1.47 $0.20 $0.26
19 Rates I&T - 1st block
20 Consumption Charge per MCF
21 Change from Current Rate $0.0144 $0.0087 ($0.0150)
22 Billing Units for Specified Period 9,681,181 9,681,181 9,681,181
23 Total Change in Base Revenue $139,409 $84,226 ($145,218)
24 Associated Revenue Taxes $8,607 $5,200 ($8,966)
25 Total Rate Impact $148,016 $89,426 ($154,183)
26 Rates I&T - 2nd block
27 Consumption Charge per MCF
28 Change from Current Rate $0.0105 $0.0064 ($0.0109)
29 Billing Units for Specified Period 10,782,882 10,782,882 10,782,882
30 Total Change in Base Revenue $113,220 $69,010 ($117,533)
31 Associated Revenue Taxes $6,990 $4,261 ($7,257)
32 Total Rate Impact $120,210 $73,271 ($124,790)
33 Rates I&T - 3rd block
34 Consumption Charge per MCF
35 Change from Current Rate $0.0023 $0.0014 ($0.0023)
36 Billing Units for Specified Period 19,798,632 19,798,632 19,798,632
37 Total Change in Base Revenue $45,537 $27,718 ($45,537)
38 Associated Revenue Taxes $2,811 $1,711 ($2,811)
39 Total Rate Impact $48,348 $29,429 ($48,348)
40 Rates I&T - Total
41 Total Rate Impact $316,575 $192,127 ($327,322)
42 Number of Bills for Specified Period 11,571 11,571 11,571
43 Average Impact per Bill $12.79 $7.73 ($13.32)
44
45 Total Change in Base Revenue $10,925,693 $947,570 $2,493,260
46 Total Rate Impact (Inc. Rev. Taxes)$11,600,245 $1,006,073 $2,647,194
Description
ATMOS ENERGY CORP., MID-TEX DIVISION
PROOF OF REVENUES
TEST YEAR ENDING DECEMBER 31, 2008
(2009 RRM SETTLEMENT PROPOSAL)
Rate Review Mechanism
Fact Sheet
*The Rate Review Mechanism (RRM) was created in 2008 as part of a collaborative agreement
between ACSC and Atmos. It replaces the unworkable and contentious Gas Reliability
Infrastructure Program (GRIP) surcharge process.
*The RRM authorizes cities to meaningfully review and dispute the company’s annual rate
filings in an expedited rate proceeding at the city level. This authority was lacking under the
GRIP process.
*The RRM is a substitute for GRIP filings during the three-year trial period (2008 – 2010).
*The RRM permits the Company to seek an annual review of its revenues, estimated cost of
operations, and capital investments. In most cases, the company cannot seek rate adjustments
greater than 5 percent. The Company must provide evidence as part of the annual review
process that cities can assess and, if necessary, challenge.
*The RRM process allows Atmos to seek a surcharge from ratepayers if its anticipated expenses
exceed its anticipated revenues for a 12 month period. However, if the Company's revenues
exceed its authorized rate of return, it must issue refunds.
Costs Expressly Prohibited from Recovery Under the RRM:
First class airfare, travel, meals or entertainment for an employee's spouse, alcohol, sports
events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and
social club membership dues.
The RRM is applicable only to the Company's base rates - the cost of delivering natural
gas to customers. The commodity price of natural gas is a pass-through cost to customers
that can change monthly based upon the price of natural gas.
RRM Bill Impacts:
Pursuant to the negotiated agreement between Atmos and the Steering Committee, the
tariffs implementing the RRM will increase rates by $2.6 million. The average monthly
customer impact by class will be:
Residential (4.7 Mcf/month) - $0.15/month increase (0.22% overall increase)
Commercial (36.1 Mcf/month) - $0.26/month increase (0.06% overall increase)
Industrial (3480 MMBtu/month) - $46.80/month decrease (1.96% overall decrease)
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Jarrod Greenwood, Public Works Superintendent
Subject: Regular meeting of August 10, 2009
Date: July 28, 2009
ITEM
Consider a Resolution authorizing the Town Manager to enter into an agreement with the
State of Texas Department of Transportation (TxDOT) as a “blanket” agreement for the
construction, maintenance and operation of safety lighting within the Town of 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 Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
; We are Leaders
o Infrastructure maintenance and planning
BACKGROUND
In the past, TxDOT has executed separate agreements for each proposed safety lighting
location, despite the fact that the municipalities incurred no costs under the terms of these
agreements. Using a single “blanket” agreement to cover all such locations will eliminate
redundancy in the preparation and execution of these agreements. As other new systems
are brought under the “blanket” agreement, a note on the title sheet of the construction
plans will indicate this, and we (the Town) will have an opportunity to sign the title sheet,
acknowledging this fact.
According to TxDOT, Westlake will not incur ANY expenses related to the construction,
maintenance and operation of these safety lighting systems.
This “blanket” safety agreement will cover currently proposed pedestrian lighting (safety
lighting) at one location on FM 1938 at the proposed Pedestrian Tunnel for this project.
A map is attaching showing the proposed project location and the proposed pedestrian
lighting. This agreement will also cover future locations where TxDOT may warrant
safety lighting.
TxDOT will execute individual continuous lighting agreements with the Town, since the
Town will incur a financial burden for this type of system. Safety lighting locations
cannot be brought into or converted to continuous systems without the Town’s
concurrence and approval.
FUNDING
N/A
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS
Resolution No. 09-35
Map of safety lighting location
Agreement
TOWN OF WESTLAKE
RESOLUTION NO. 09-35
AUTHORIZING AN AGREEMENT WITH THE STATE OF TEXAS DEPARTMENT
OF TRANSPORTATION (TXDOT) AS A “BLANKET” AGREEMENT FOR THE
CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING
WITHIN THE TOWN OF WESTLAKE; AND AUTHORIZING THE TOWN MANAGER
TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE,
TEXAS.
WHEREAS, Westlake desires to maintain safe pedestrian walkways throughout the town
and provide adequate facilities to the traveling public; and,
WHEREAS, the Town Council finds that this agreement will benefit all citizens; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
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 1. THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the agreement with the State of Texas Department of Transportation relating to the
construction, maintenance and operation of all safety lighting within the Town of Westlake,
attached hereto as Exhibit “A”; and further authorizes the Town Manager to execute said
agreement on behalf of the Town of Westlake, Texas.
PASSED AND APPROVED ON THIS 10 DAY OF AUGUST 2009.
_________________________________________
Laura Wheat, Mayor
ATTEST:
___________________________ __________________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO FORM:
___________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Eddie Edwards, Planning and Development Director
Subject: Regular Meeting of August 10, 2009.
Date: July 14, 2009
ITEM
Consider a Resolution approving an amended Fees and Use Schedule.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; We are Leaders
o High quality services delivery coupled with financial stewardships
BACKGROUND
The amendment to the Code of Ordinances requiring a Water Well Permit has resulted in
the need to amend the Fee and Use Schedule to provide for a fee for a Private Water
Well.
We have taken this opportunity to add some language clarifying how fees are calculated
for zoning, platting, and other cases, which include the number of acres, affected in the
fee calculations.
Although not a change, we have merged the previously approved Gas Drilling and
Production Related fees into the Fee and Use Schedule.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS:
Resolution No. 09-37
Exhibit to Resolution - Proposed Fees and Use Schedule with changes highlighted.
TOWN OF WESTLAKE
RESOLUTION 09-37
APPROVING THE AMENDED “FEES AND USE SCHEDULE” DATED
AUGUST 10, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Town Council of the Town of Westlake, Texas, does
hereby approve the Fees and Use Schedule dated August 10, 2009, an example of which
is attached and labeled Exhibit “A”.
PASSED AND APPROVED ON THIS 10 DAY OF AUGUST, 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kim Sutter, TRMC, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
Stan Lowry, Town Attorney
Exhibit A
1
FEES AND USE SCHEDULE
Revised
August 10, 2009
1) The fees and use charges listed in this section are in addition to any other fees and use
charges which may exist in ordinances of the town, including, but not limited to the Uniform
Fire Code, Uniform Building Code, National Electrical Code, Uniform Plumbing Code and
Uniform Mechanical Code. To the extent there is a conflict in the fees and use charges
contained in this section with other stated fees and uses, the fees and use charges in this
section shall prevail. Fees calculations based on the number of acres involved shall be
calculated by rounding up to the next whole acre.
2) ZONING CHANGE APPLICATIONS
Pre-application/pre-design conference: This is intended to provide the applicant with a
verbal interpretation of ordinances and processes, and to respond to any questions they may
have. Such meetings may involve the town consultants at the request of the town manager.
Fee: $400.00 This conference is only required, and the fee charged, at the discretion of the
Town Manager.
Straight zoning change: This includes review of the application, site visits, meetings with
the applicant and recommendations to the planning and zoning commission as well as
published notifications and public hearings.
Fee: $1,800.00 plus $90.00 per acre; $40,000.00 maximum (less fee paid for pre-application
conference).
Planned development district: This includes review of the application, site visits, meetings
with the applicant and recommendations to the planning and zoning commission as well as
published notifications and public hearings.
Fee: $1,800.00 plus $90.00 per acre (less fee paid for pre-application conference).
Specific use permit: This includes review of the application, site visits, meeting with the
applicant and recommendations to the planning and zoning commission and all public
notifications.
Fee: $1,800.00.
Amendments to approved site plans: This includes review and approval of the town manager
and/or his designee(s). If the request exceeds the legal authority of the town manager and/or
his designee(s) to grant the site plan revision, the application may be converted to a full
zoning application with payment of the balance of a full application fee.
Fee: $900.00 plus $20.00 per acre (less fee paid for pre-application conference).
Exhibit A
2
Variance of UDC Regulations: This includes review of the application, site visits, meetings
with the applicant and associated town staff and recommendations to the board of
adjustment, and all public notifications and public hearings.
Fee: $900.00.
3) SUBDIVISION PLAT, ENGINEERING PLAN AND SITE PLAN APPLICATIONS
Pre-application or pre-design conference: Ten percent of the projected total fee for the
activity being applied for. This fee shall be credited toward the next ongoing fee, if any,
when due.
(Minimum $1,800.00)
Any subdivision plat or re-subdivision plat:
Preliminary plats: $1,800.00 plus $90.00 per acre, maximum of $36,000.00.
Final plats: $900.00 plus $90.00 per acre, maximum of $18,000.00.
Minor Plats: $900.00 plus $90.00 per acre, maximum of $18,000.00.
Engineering plans: $1,800.00 plus $90.00 per acre.
Replat: $1,800.00 plus $90.00 per acre, maximum of $36,000.00.
Site plans:
Comprehensive (final) site plans: $1,800.00 plus $90.00 per acre.
Vacation of plat: $720.00.
4) CONSTRUCTION INSPECTION FEE FOR SUBDIVISION IMPROVEMENTS
Construction inspections: The inspection fee will be six percent (6%) of certified
construction costs of the land development (including, but not limited to, public and private
improvements such as streets and roads, drainage, parking lots, fire water systems, walls,
fences, site grading, water features, parks, open space corridors, required landscaping,
irrigation, sidewalks, trails, etc., but not including building construction) for subdivisions or
re-subdivision. Estimated Inspection fees are to be paid prior to permitting and or
commencement of work on the proposed improvements and the balance based upon certified
construction costs prior to acceptance of improvements or issuance of building permits. The
construction inspection fee is in addition to any other fees listed herein.
5) COMMERCIAL AND REMODEL - BUILDING PERMIT FEES
Total Valuation Fee
$1.00 to $500.00 $50.00
$501.00 to $2000.00 $50.00 for the first $500.00 plus $6.60 for each additional $100.00
or fraction thereof, up to and including $2,000.00.
$2,001.00 to
$25,000.00
$150.00 for the first $2,000.00 plus $30.00 for each additional
$1,000.00 or fraction thereof, up to and including $25,000.00.
Exhibit A
3
$25,001.00 to
$50,000.00
$840.00 for the first $25,000.00 plus $21.60 for each additional
$1,000.00 or fraction thereof, to and including $50,000.00.
$50,001.00 to
$100,000.00
$1,380.00 for the first $50,000.00 plus $15.00 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00.
$100,001.00 to
$500,000.00
$2,130.00 for the first $100,000.00 plus $12.00 for each additional
$1,000.00 or fraction thereof, to and including $500,000.00.
$500,001.00 to
$1,000,000.00
$6,930.00 for the first $500,000.00 plus $10.20 for each additional
$1,000.00 or fraction thereof, to and including $1,000,000.00.
1,000,001.00 and up $12,030.75 for the first $1,000,000.00 Plus $6.60 for each
additional $1,000.00 or fraction thereof.
Plan review fee: Add 65 percent to permit fee.
Other inspections and fees:
TABLE INSET:
(1)
Inspections outside of normal business hours
(Minimum charge--two hours)
$75.00 per hour*
(2 hour minimum)
(2)
Reinspection fees assessed under provisions of the adopted
codes.
$75.00 per hour*
(1 hour minimum)
(3)
Inspections for which no fee is specifically indicated.
(Minimum charge--one-half hour)
$75.00 per hour*
(1 hour minimum)
(4)
Electrical, Plumbing, and Mechanical inspections. $75.00 per hour*
(1 hour minimum)
(5)
Consultants for inspections or plan review utilized for specific
specialized projects.
Actual cost
incurred.
*Or the total hourly cost to the town, whichever is the greater. This cost includes
supervision, overhead, equipment, hourly wages and benefits, and mileage.
**Actual cost includes administrative and overhead costs.
6) RESIDENTIAL NEW CONSTRUCTION AND ADDITIONS PERMIT FEES:
Residential building permit fees shall be the amounts calculated in accordance with the
addendum attached to Ordinance No. 470 titled Residential Building Permit Fee Formula.
Exhibit A
4
7) SPECIAL BUILDING PERMIT FEES
1. Swimming pools $500.00
2. Fence if not included in building permit application $165.00
3. Fence repair and barbed wire fencing excluded No fee, no
permit
4. Demolition $250.00
5. Sprinkler system for yards $300.00
6. Any antenna $400.00
7. Sidewalk, curb cuts, driveways, concrete work in Right-of-way $200.00
8. Moving permit for buildings moved on any town street: Permanent
house relocation (plus all direct and indirect costs incurred by the
Town of Westlake due to such relocation)
$450.00
9. Construction in the public-right-of-way (other than a certificated
telecommunications provider) $600.00
10. Trenching or Excavating not within the public right-of-way (other
than a certificated telecommunications provider) $600.00
11. Water well – for private use. $1,000.00
8) SIGN PERMITS AND OTHER INSPECTIONS
Sign Permits
Construction signs $150.00
Temporary signs $80.00
Signs or display cases within the commercial district $200.00
Home occupation signs $75.00
Political signs No Permit
Signs within residential district (Except for home occupation signs) No Permit
9) RESIDENTIAL DEVELOPMENT FEE
All newly-constructed residential structures shall pay a $3,100.00 residential lot development
fee per lot where the town's duct bank is or is planned to be located, in addition to the
building permit fees. The residential lot development fee shall be payable in conjunction with
the building permit fee.
Exhibit A
5
10) MISCELLANEOUS FEES AND USES
Special event permit – includes all tents, fireworks, and
temporary electrical poles. $250.00
Temporary electrical poles. For other than construction
projects. $35.00
Subdivision name change. $250.00
Street name change. $250.00 + cost of new street
name blades
Zoning verification letter $500.00
11) FIRE DIVISION PERMIT FEES:
1. Aboveground Storage Tanks (AGST) $150.00
2. After hour inspections $ 75.00**
3. Asbestos removal $100.00
4. Battery Systems $250.00
5. Burn Permit – Non-resident $ 50.00
6. Burn Permit – Resident No Charge
7. Candles and open flame in assembly areas $ 50.00
8. Carnivals and Fairs $ 50.00*
9. Changing UST or AGST contents $100.00
10. Compressed Gas $100.00
11. Cryogens $250.00
12. Dry Cleaning Operations – flammable/combustible liquids $ 75.00
13. Dry Cleaning Operations – non-flammable liquids $ 50.00
14. Emergency Medical Services – services and expendables #
15. Explosives or Blasting Agents – Use $150.00*
16. Fire Alarm System Review #
17. Fire Sprinkler System Review #
18. Fireworks (certified events only) $150.00*
19. Fumigation or thermal insecticidal fogging $250.00
20. Hazardous Materials – Storage, dispense, use of $ 50.00
21. Hazardous Materials Mitigation ^#
22. Highly Toxic Pesticides – Storage, use of $ 50.00
23. High-Piled Combustible Storage $ 50.00
24. Hot works operations $ 50.00
25. LPG 25-199 WGC $ 25.00
26. LPG 200-1,999 WGC $ 75.00
27. LPG 2,000 < WGC $100.00
28. LPG fueled vehicles or equipment in assembly buildings $ 50.00
29. Malls – covered $ 75.00*
Exhibit A
6
30. Motor vehicle fueling dispensing station $ 50.00
31. Personnel stand-by – Fire Watch $ 35.00^
32. Personnel stand-by – Special Event $ 35.00^
33. Private Agency License Inspection/Certification $ 50.00
34. Pyrotechnic – Special events material $500.00*
35. Radioactive Materials $500.00
36. Re-inspection for fire alarm systems $ 75.00*
37. Re-inspection for new construction $ 75.00*
38. Re-inspection for sprinkler systems $ 75.00*
39. Trench Burning – Clearing Land or Rubbish $150.00
40. Underground Storage Tanks (UST) $150.00
41. UST and AGST removal or temporary out of service $ 50.00
42. Water System Analysis/Test for Fire Suppression Systems $ 25.00
*If required, addition cost for personnel may be charged. Additional cost for expendable
equipment and necessary apparatus may be incurred.
**Two (2) hour minimum. If required, addition cost for personnel may be charged.
Additional cost for expendable equipment and necessary apparatus may be incurred.
^Cost is per hour per personnel utilized. Additional cost for expendable equipment and
necessary apparatus may be incurred.
#Cost based on third party or contracted services provider fees. Based on agreement with the
Town, fees may be paid directly to the third party or contracted services provider.
12) FIRE PLAN CHECK FEE
0--100,000 square feet $0.015/square foot
100,001--300,000 square feet $1,500.00 for the first 100,000 square feet plus $0.014 for
each additional square foot of area.
300,001 + square feet $4,200.00 for the first 300,000 square feet plus $0.009 for
each additional square foot of area or fraction thereof.
13) AMBULANCE AND EMS FEES
BLS Emergency $400.00
ALS I $500.00
ALS II $700.00
Mileage $.10 per mile
Exhibit A
7
14) GAS DRILLING AND PRODUCTION RELATED FEES:
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
Fire Fighter 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; actually 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 Fire Fighter 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**
**this is per approved gas well permit
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
Exhibit A
8
Miscellaneous Gas & Oil Related Fees
Seismic Testing Permit Fee $ 500
Technical Advisor Fees ****
**** Based on Actual Cost plus 10% Administrative Fee
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Thomas Brymer, Town Manager
Subject: Regular Meeting of August 10, 2009
Date: August 3, 2009
ITEM
Consider a Resolution authorizing the Westlake Public Art Society to proceed with the
process of applying for 501(c)3 status with the Internal Revenue Service.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Hospitality Finds its Home in Westlake
o Tourism development
BACKGROUND
In accordance with the Council’s Advisory Board Policy, the President of the Westlake
Public Art Society addressed the Council at the July 13, 2009, regular meeting requesting
authorization to proceed with applying for 501(c)3 with the Internal Revenue Service in
order to possibly increase donations to the Westlake Public Art Society.
Council will retain the authority to appoint members to the Society as the Council
established the Society; however, if the Westlake Public Art Society becomes a 501(c)3,
the Town would need to contract with the Art Society to handle funding allocations. As
per the Council’s policy, the Society would be responsible for meeting the IRS
regulations, audit cost and the 990 preparation and filing with the Internal Revenue
Service.
FUNDING
N/A
RECOMMENDATION
No Recommendation
ATTACHMENTS:
Resolution No. 09-38
Excerpt of Minutes from the July 13, 2009, regular meeting.
TOWN OF WESTLAKE
RESOLUTION NO. 09-38
APPROVING THE REQUEST OF THE WESTLAKE PUBLIC ART SOCIETY
TO PROCEED WITH THE PROCESS OF APPLYING FOR 501(C)3 STATUS
WITH THE INTERNAL REVENUE SERVICE.
WHEREAS, the Westlake Public Art Society, a Council appointed advisory
Board, has requested authorization to proceed with the process of applying for 501(c)3
status with the Internal Revenue Service; and
WHEREAS, in accordance with the Town Council approved Advisory Board
policy, the Westlake Public Art Society appeared before the Council to request
authorization to proceed with the process; and
WHEREAS, in accordance with the Town Council approved Advisory Board
policy, the Westlake Public Art Society has demonstrated and illustrated to the Town
Council the following:
- the benefits of this status for achieving Town Council strategic priorities as
well as the advantages of this designation not currently afforded by the
Town’s existing tax-exempt status.
- the organizational capacity to administer and comply with all IRS regulations
related to this status on an on-going basis; and
WHEREAS, the Town Council will retain the authority to appoint members to
the Society as the Council established the Society; and
WHEREAS, upon receiving 501(c)3 status, the Westlake Public Art Society will
need to contract with the Town to facilitate Town funding allocations; and
WHEREAS, the Society will be responsible for meeting the IRS regulations,
audit cost and the 990 preparation and filing with the Internal Revenue Service; and
WHEREAS, the meeting at which this Resolution was considered was open to
the public as required by law, and public notice of the time, place, and subject of the
meeting has been given in accordance with Chapter 551, Government Code;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Town Council of the Town of Westlake does hereby
authorize the Westlake Public Arts society to proceed with the process of applying for
501(c)3 status with the Internal Revenue Service.
SECTION 2: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 10 DAY OF AUGUST 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
______________________________ __________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
______________________________
L. Stanton Lowry, Town Attorney
Excerpt from the July 13, 2009, regular meeting minutes regarding request
for 501(c)3 status application.
HEAR AND DISCUSS REQUEST BY WESTLAKE PUBLIC ART SOCIETY TO
APPLY FOR 501(C)3 STATUS.
Mr. David Rollins, president of the Westlake Public Art Society, addressed the Council
regarding the item.
Mr. Rollins stated that the Society is fully aware of Internal Revenue Service regulations
associated with 501(c)3 status, and member Shannon Larue will undertake the tasks
associated with the status as her background is in finance.
Council Member Rennhack inquired as to how the establishment of a 501(c)3 will impact
the interactions and oversight between the Society and the Town Council.
Town Manager Brymer stated that the Council will retain the authority to appoint
members to the Society as the Council established the Society; however: if the Westlake
Public Art Society becomes a 501(c)3, the Town would need to contract with the Art
Society to handle funding allocations. Mr. Brymer added that per the Council policy, the
Society would be responsible for meeting the IRS regulations, audit cost and the 990
preparation and filing with the Internal Revenue Service.
Mayor Wheat and Council Member Rennhack stated that they understand the
disadvantage of not being a 501(c)3 and trying to raise and accept donations.
Town Manager Brymer stated that the contract would outline how the Town allocated
funding would be spent.
Council Member Rennhack suggested that the same firm that audits the Town’s
financials also audit non-profits association with the Town.
Town Manager Brymer advised the Council that an item will appear on the August 10,
2009, regular meeting agenda for consideration and approval for the Westlake Public Art
Society to proceed with applying for 501(c) 3 status with the State.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Kim Sutter, Town Secretary
Subject: Regular Meeting of August 10, 2008
Date: August 3, 2009
ITEM
Consider a Resolution reducing the number of members serving on the Westlake
Historical Preservation Society to seven (7).
.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
BACKGROUND
This item to reduce the number of members serving on the Society is being brought
forward for consideration by the Council at the request of the Westlake Historical
Preservation Society President.
In June, five (5) members retired or resigned due to work schedules or other conflicts. As
of June 8, 2009, the Board had five (5) active members. President Sanden has actively
solicited members to serve on the Board and one additional member was appointed by the
Council in July. The Board has difficultly in scheduling meetings due to the quorum
requirement. With the membership set at seven (7), a quorum of 4 would be needed to
conduct a meeting.
President Sanden stated that people have indicated an interest in volunteering, but did not
wish to be tied to a board position because of work schedules or other conflicts with
family activities.
FUNDING
N/A
RECOMMENDATION
No recommendation.
ATTACHMENTS:
Resolution No. 09-39
Current Board Roster
TOWN OF WESTLAKE
RESOLUTION NO. 09-39
REDUCING THE NUMBER OF MEMBERS OF THE WESTLAKE
HISTORICAL PRESERVATION SOCIETY TO SEVEN (7).
WHEREAS, the Town of Westlake recognizes the importance of historical
preservation; and
WHEREAS, the Town of Westlake is abundantly blessed with natural beauty as
well as a rich cultural heritage; and
WHEREAS, the Westlake Historical Preservation Society was established by
the Town Council by Resolution on February 14, 2000; and
WHEREAS, the President of the society has requested the Council consider
reducing the number of members from 10 to seven (7);
NOW, THEREFORE, BE IT RESOLVED 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 its entirety.
SECTION 2. That the Town Council of the Town of Westlake, Texas does
hereby approve reducing the membership of the Society to seven (7),
SECTION 3. That this resolution shall take effect from and after its final
date of passage, and it is accordingly so ordered.
PASSED AND APPROVED ON THIS 10 DAY OF AUGUST 2009
ATTEST: _____________________________
Laura Wheat, Mayor
____________________________ ______________________________
Kim Sutter, TRMC, Town Secretary Thomas Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
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Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Eddie Edwards, Director of Planning and Development
Subject: Regular Meeting of August 10, 2009
Resolution #
Date: August 4, 2009
ITEM
Consider a Resolution authorizing the Town Manager to enter into a contract with
Building Code Consulting Services for third-party inspections and plan review services
for the Deloitte Conference Center project.
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 Highest quality development and aesthetic standards
; We are Leaders
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
BACKGROUND
The Town of Westlake and Building Code Consulting Services (BCCS) have had a long
running contractual relationship for third-party inspections and plan review services.
When the Town encounters projects similar in size to Fidelity’s phase two or Deloitte’s
proposed conference center, we negotiate a special fee with BCCS.
Based on the existing contract the fee would have been $ 164,980.00. The proposed
negotiated fee will is $ 53,030 for a savings of $111,950.
FUNDING
Permit fees collected for the project will cover the cost of this contract along with other
costs incurred by the Town.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS
Resolution No. 09-40
Contract
TOWN OF WESTLAKE
RESOLUTION 09-40
AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT
WITH “BUILDING CODE CONSULTING SERVICES, LLC” FOR THIRD-
PARTY PLAN REVIEW AND INSPECTION SERVICES FOR THE DELOITTE
EDUCATION AND CONFERENCE CENTER PROJECT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Town Council of the Town of Westlake, Texas, does
hereby authorize the Town Manager to enter into a contract with Building Code
Consulting Services, LLC for third-party plan review and inspection services for the
Deloitte Education and Conference Center project. The contract amount is $53,030.
PASSED AND APPROVED ON THIS 10 DAY OF AUGUST 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
Stan Lowry, Town Attorney
TOWN OF WESTLAKE
RESOLUTION NO. 09-41
AUTHORIZING AN AMENDMENT TO THE PIVOT BUILDING SERVICES
AGREEMENT FOR JANITORIAL SERVICES AT THE WESTLAKE CIVIC CAMPUS.
WHEREAS, the Town Council finds that the amendment to the janitorial maintenance
agreement for the Civic Campus and related janitorial services will benefit the public; and
WHEREAS, the Town Council finds that the procedures and requirements set forth in
the Texas Local Government Code regarding for the janitorial maintenance were appropriately
followed; and
WHEREAS, the Town Council finds that the amendment to the contract from Pivot
Building Services will provide all necessary labor and material supplies for the cleaning of all
buildings, at the Westlake Civic Campus and is sufficient to meet the public need; and
WHEREAS, the janitorial services costs have been included in the proposed 2009/2010
Academy budget.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1. The above findings are hereby found to be true and correct and are
incorporated herein in its entirety.
SECTION 2. The Town Council of the Town of Westlake, Texas, hereby approves the
amendment to the contract with Pivot Building Services relating to janitorial services at the
Westlake Civic Campus, attached hereto as Exhibit “A”; and further authorizes the Town
Manager to execute this agreement.
PASSED AND APPROVED ON THIS 10 DAY OF AUGUST 2009.
_____________________________
ATTEST: Laura Wheat, Mayor
_____________________________ ______________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
2532 Highlander Way, Suite 110
Carrollton, TX 75006
817-251-8006 Fax
Date: March 12, 2009
Address: Town of Westlake
3 Village Circle, Suite 202
Westlake, TX 76262
Re: Westlake Academy additional 8400sf
Dear: Mr. Troy J. Meyer
Pivot Building Services dba Valley View Associates is pleased to offer
Janitorial service for the additional 8400 sf new building
Weekday services at the above named property at the additional rate of $500.00 monthly
Your signature below indicates your acceptance with this rate.
Thank you for your business and we look forward to continuing to serve you.
Sincerely,
Kim Hinojosa 817-692-1093
Account Manager
Pivot Building Services
dba Valley View Associates
Accepted by:
Printed name:
Date:
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Troy Meyer, Facilities and Recreation Director
Subject: Regular Meeting of August 10, 2009
Date: August 4, 2009
ITEM
Consider a Resolution authorizing an amendment to the Pivot Building Services
agreement for janitorial services at the Westlake Civic Campus.
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
Pivot Building Services agreement was signed in August 2008 to provide janitorial
service to the Westlake Civic Campus. The original cleaning service agreement included
a day porter from 9 a.m. to 5 p.m., Monday through Friday, to assist with cleaning of
restrooms, dining hall, trash pick-up in the hallways and exterior of the building and
assisting staff with light duty requests. The cost of basic janitorial service was
$43,866.10, and the cost of day porter service is $21,150.00, totaling $65,0161.
With the addition of the 8,400 sq. ft. Sam & Margaret Lee Arts and Sciences Center, the
basic services cost will increase $500.00 per month and $6,000.00 annually. New
monthly rate $4155.50 /annually rate $49,866.
The day porter position is being considered as a full-time academy employee, pending
budget approval by the Board of Trustees on August 31, 2009. This new position will
include dining management and cleaning duties from 8am – 5pm, Monday –Friday.
RECOMMENDATION
To approve the amendment to the agreement between the Town of Westlake and Pivot
Building Services for additional janitorial services at the Westlake Civic Campus.
FUNDING
The funds for janitorial services are included in the adopted FY 2009-10 Westlake
Academy budget with a total budgeted amount of $49,866.10. The transition of the day
porter to an internal position will create a savings of approximately $1,000 from last year.
ATTACHMENTS
Resolution No. 0941
Exhibit A- Increase in services for the Sam & Margaret Lee Arts and Sciences Center.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Kim Sutter, Town Secretary
Subject: Regular Meeting of August 10, 2009
Date: August 3, 2009
ITEM
Consider a Resolution appointing a member to the Planning and Zoning Commission.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Hospitality Finds its Home in Westlake
o Citizen engagement and communication
BACKGROUND
Council Member Rennhack served as a member of the Planning and Zoning Commission
prior to his election to the Town Council. Upon successfully being elected to the Town
Council, he position on the Commission became vacant.
One application has been received for consideration of appointment and is presented to
the Council in the Council packet.
FUNDING
N/A
RECOMMENDATION
Consider making an appointment to the Commission.
ATTACHMENTS:
Board Application – W. Stoltenberg
Resolution No. 09-42
TOWN OF WESTLAKE
RESOLUTION NO. 09-42
APPOINTING A MEMBER TO THE PLANNING & ZONING COMMISSION.
WHEREAS, Currently, one vacancy exist on the Planning and Zoning
Commission; and
WHEREAS, the Town Council has received one application for consideration of
appointment; and
WHEREAS, the meeting at which this Resolution was considered was open to
the public as required by law, and public notice of the time, place, and subject of the
meeting has been given in accordance with Chapter 551, Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Town Council of the Town of Westlake does hereby
appoint the following individual to serve as a member of the Planning and Zoning
Commission for the term noted below:
___________________________, expiring term of June 2010.
SECTION 2: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 10 DAY OF AUGUST 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
______________________________ __________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
______________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Eddie Edwards, Director of Planning and Development
Subject: Regular meeting of August 10, 2009
Date: August 4, 2009
ITEM
Conduct a public hearing and consider and Ordinance amending Chapter 102 of the Town of
Westlake Code of Ordinances, amending the land use schedule to allow private water wells in all
zoning districts without an approved Specific Use Permit and adding a section regulating the
placement and screening requirements for surface equipment and appurtenances related to a
private water well.
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 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 operation of private water wells supports the policy of the Town to provide for an aesthetic
living environment that promotes the development of green spaces, the preservation of trees, and
the maintenance of a rural setting. The extensive landscaping, tree preservation and mitigation
policies of the Town are in fact dependent on the ability of the development community to
maintain the living material in a healthy state. This requires that an alternative source of water,
other than potable water, be utilized.
The State of Texas operates under the rule of capture with respect to both its water and
petroleum resources. That rule can best be summarized by the most definitive Texas Supreme
Court case on the issue of water use when it ruled as follows:
Absent malice or willful waste, landowners have the right to take all the water
they can capture under their land and do with it whatever they please, and they
will not be liable for their neighbors even if in so doing they deprive their
neighbors of the water’s use. Sipriano v. Great Spring Waters of America, Inc., 1
S.W. 3d 75, 76 (Tex. 1999).
That decision, which makes clear that neither the town nor the courts can regulate the amount of
water taken from wells, is based on the premise that the Texas legislature has specifically
reserved to itself the authority to establish rules regarding groundwater. Id. At 77. The
legislative structure regarding the rule of capture has been in place since 1904. Id. At 78. In
light of the existing precedent on this matter, it would be improper for the Town to take into
consideration the potential impact on the underground water supply when examining the water
well SUP application. Instead, the Planning and Zoning Commission and the Board should limit
their review to the compatibility of the proposed use with surrounding properties and uses.
By establishing sufficient regulations to govern the placement and screening of surface
equipment, the need for a Specific Use Permit is no longer necessary. Administrative approval of
private water wells will expedite the permitting process, save staff time and resources, reduce the
financial burden on the property owner, and reinforce the town’s position of promoting
conscientious use of our natural resources.
In summary, this proposed amendment would remove the water well applications from the SUP process
and allow private water wells in all zoning districts with an administratively approved permit.
Additionally, Section 102-125 will be amended in the Town Code of Ordinances to provide screening
and setback requirements for the surface equipment and appurtenances associated with private
water wells. The amended sections are displayed below. The water well permits will be reviewed
and approved administratively and require a new water well permit fee of $1000, if approved by
resolution.
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
X X X X X Private water wells X X X X X X
SECTION 3: That ARTICLE IV. DISTRICT DEVELOPMENT STANDARDS., of the Town of Westlake
Code of Ordinances is hereby amended by adding the following section:
Sec. 102-125. PRIVATE WATER WELLS.
All surface equipment and appurtenances related to the operation or maintenance of a Private Water
Well shall comply with the following:
a) Equipment and appurtenances shall be located on private property and clear of all easements.
b) If the equipment and or appurtenance are to be located within a building, the building shall comply with
all setbacks established for that zoning district. Equipment shelters that encroach into the building
setback areas shall be decorative in nature and be incorporated into an approved landscape plan.
c) Equipment and appurtenances shall be screened from view as viewed from any adjacent property or
right-of-way.
FUNDING
Financial impact - Removal from SUP application process ($1800) and implementation of new
water well permit fee for each application ($1000).
RECOMMENDATION
The Planning and Zoning Commission unanimously recommended approval on July 23, 2009
with the stipulation that the words “and appurtenances” be added following “equipment.” This
change has been reflected in the staff report and the proposed ordinance.
Staff recommends approval as presented.
ATTACHENTS
Ordinance No. 630
1
TOWN OF WESTLAKE
ORDINANCE NO. 630
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 PRIVATE WATER WELLS IN ALL ZONING
DISTRICTS WITHOUT AN APPROVED SPECIFIC USE PERMIT; ADDING A
SECTION REGULATING THE PLACEMENT AND SCREENING REQUIREMENTS
FOR SURFACE EQUIPMENT RELATED TO A PRIVATE WATER WELL;
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 and property owners in the Town of Westlake, to allow Private Water
Wells on all properties regardless of zoning district, without a Specific Use Permit; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the
best interest of the citizens and property owners in the Town of Westlake, to regulate the location
and screening of surface equipment related to Private Water Wells; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it
environmentally conscientious to encourage the use of well water for irrigation purposes thereby
preserving treated water for consumption, sanitation, and other uses;
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 remove the requirement to obtain a Specific Use Permit for Private Water Wells in
all zoning Districts. The modified portion of the Land Use Table shall read as follows:
Chapter 102 ZONING*
Article III. Permissible Uses
Division 1. Generally
2
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.
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
X X X X X Private water wells X X X X X X
SECTION 3: That ARTICLE IV. DISTRICT DEVELOPMENT STANDARDS., of the
Town of Westlake Code of Ordinances is hereby amended by adding the following section:
Sec. 102-125. PRIVATE WATER WELLS.
All surface equipment related to the operation or maintenance of a Private Water Well shall
comply with the following:
a) Equipment and appurtenances shall be located on private property and clear of all
easements.
b) If the equipment and or appurtenances are to be located within a building, the building
shall comply with all setbacks established for that zoning district. Equipment shelters
that encroach into the building setback areas shall be decorative in nature and be
incorporated into an approved landscape plan.
3
c) Equipment and appurtenances shall be screened from view as viewed from any adjacent
property or right-of-way.
SECTION 4: 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 zoning, fire safety or public health and sanitation, including dumping or
refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this
ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 5: 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 6: 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 7: 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 8: 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, publication clause and the effective date of this ordinance.
SECTION 9: EFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
4
PASSED AND APPROVED this 10 day of August 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Town Council
From: Eddie Edwards, Director of Planning and Development
Subject: Regular meeting of August 10, 2009.
Case #: FP-09-01
Date: July 28, 2009
ITEM
Conduct a Public Hearing and consider a Resolution approving an application for a Final Plat for
property in the PD 3-12 Planned Development Zoning district.
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 Highest quality development and aesthetic standards
o Open space preservation
BACKGROUND
The applicant desires to construct an Education / Conference Center, a Social Venue and a Data
Center on the property recently rezoned to PD 3-12. The current zoning does permit the
proposed uses. The Town Council approved the Preliminary Plat for this parcel on April 13,
2009. The applicant now desires to Final Plat the entire parcel into two separate lots as shown
on the approved Preliminary Plat.
ACTION REQUESTED:
Approve Case # FP-09-01 subject to the stipulations and conditions contained in the attached
staff report.
RECOMMENDATION
The Planning and Zoning Commission recommended approval of the Final Plat, subject to the
stipulations and conditions contained in the attached staff report, on July 23, 2009, by a vote of
4-0.
Staff recommends approval subject to the stipulations and conditions contained in the attached
staff report.
ATTACHMENTS:
Resolution No. 09-43
Staff report
Final Plat
TOWN OF WESTLAKE
RESOLUTION 09-43
APPROVING A FINAL PLAT FOR THE PARCEL OF LAND ZONED PD 3-12;
GENERALLY LOCATED NORTH OF DOVE ROAD AND EAST OF JT
OTTINGER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Town Council of the Town of Westlake, Texas, does
hereby approve the Final Plat for PD 3-12 as attached, recommended for approval by the
Planning and Zoning Commission on July 23, 2009, for a 106.947 acre tract of land
described above and according to the attached Exhibit “A” - Final Plat and Exhibit “B”
– Staff Report
PASSED AND APPROVED ON THIS 10 DAY OF AUGUST 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Town Council
From: Eddie Edwards, Director of Planning and Development
Subject: Regular Meeting of August 10, 2009
Case # SUP 09-01
Date: August 4, 2009
ITEM
Conduct a Public Hearing an consider an Ordinance approving an application for a
Specific Use Permit (SUP) to allow a Gas Well Pad Site to be located within the PD 1
Planned Development Zoning district located at 2450 Precinct Line Road.
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 Highest quality development and aesthetic standards
; We are Leaders
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
BACKGROUND
Prior to drilling a Gas Well in the Town of Westlake a Specific Use Permit must be
approved by the Town Council. A Site Plan must be submitted with the SUP 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.
The Specific Use Permit was presented to the Planning and Zoning Commission on July
23, 2009, and was recommended for approval by a 4-0 vote, subject to comments
included in the staff report and with the following stipulations:
1) Secondary private access will not run parallel to Trophy Club MUD easement;
and
2) the applicant be allowed to develop a secondary off-site, water source for the
purpose of fraccing wells and at a location approved by staff and in
compliance with the Town’s ordinances.
FUNDING
Fees charged to the Operator will cover the funding of services provided by the Town.
RECOMMENDATION
Staff recommends approval with the stipulation that compliance with the comments and
conditions contained in the Staff Report be made a condition of approval.
ATTACHMENTS:
Ordinance No. 631
SUP, Gas Well Pad Site, and Gas Well Permit applications and exhibits.
Staff report
TOWN OF WESTLAKE
ORDINANCE NO. 631
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY
GRANTING A SPECIFIC USE PERMIT FOR A GAS WELL PAD SITE, LOCATED AT 2450
PRECINCT LINE ROAD; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake’s Town Council finds and determines, on the basis of facts
presented on the application for a Specific Use Permit and at the public hearings on same, the
following:
1. Notice of public hearings before the Planning and Zoning Commission and Town Council were
sent to the real property owners within two hundred feet (200’) of the property herein described
at least ten (10) days before such hearing;
2. Notice of the public hearing before the Town Council was published in a newspaper of general
circulation in Westlake at least fifteen (15) days before such hearing.
3. A public hearing to change the zoning on the property herein described was held before both
the Planning and Zoning Commission and Town Council, and the Planning and Zoning
Commission has heretofore made a recommendation to approve the zoning change by a
unanimous vote.
4. The Town Council is of the opinion that the zoning change herein effectuated furthers the
purpose of zoning as set forth in the Unified Development Code and ordinances of the Town
and is in the best interest of the citizens and property owners in the Town of Westlake.
5. That the proposed use is not inconsistent with: (a) the reasonably foreseeable uses of adjacent
and nearby property anticipated to be in place upon expiration of the term of the Specific Use
Permit; and (b) the use of the property contemplated by the Town's Comprehensive Plan, as in
effect on the date of granting of said permit;
6. That the proposed use will not impair development of adjacent and nearby property in
accordance with said Comprehensive Plan;
7. That the proposed use will not adversely affect the Town's Thoroughfare Plan and traffic
patterns, as in effect at the time of granting of said permit, and as contemplated by the Town's
Comprehensive Plan.
WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of
Westlake Town Council, in compliance with the Code of Ordinances of the Town of Westlake and
State Law with reference to the granting of Specific Use Permits under the Zoning Ordinance and
Zoning Map, have given the requisite notices by publication and otherwise, and after holding hearings
and affording a full and fair process to all property owners generally, and to the persons interested and
situated in the affected area and in the vicinity thereof, the Town Council of the Town of Westlake is
of the opinion that said change in zoning use should be made, subject to the conditions set out herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and are
incorporated herein as if copied in their entirety.
SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be
and the same is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant
a Specific Use Permit, for a Gas Well Pad Site, located within the property at 2450 Precinct Line Road,
owned by Maguire Partners, with the following conditions:
_________________________
_________________________
_________________________
_________________________.
SECTION 3: That the above described property shall be used only in the manner and for the
purpose provided in the Unified Development Code and the Comprehensive Zoning Ordinance of the
Town of Westlake as herein amended by the granting of a Specific Use Permit and approval of an
associated Site Plan and incorporated herein by reference.
SECTION 4: That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed
the sum of Two Thousand Dollars ($2,000.00) for each offense.
SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this
ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion so decided to be invalid or
unconstitutional.
SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the
right to seek injunctive relief for any and all violations of this ordinance.
SECTION 7: This ordinance shall take effect immediately from and after its passage as the law
in such case provides.
PASSED AND APPROVED ON THIS 10 DAY OF AUGUST 2009.
____________________________________
ATTEST: Laura Wheat, Mayor
____________________________________ ____________________________________
Kim Sutter, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L. Stanton Lowry, Town Attorney
RANGE PRODUCTION
COMPANY
GAS DRILLING & PRODUCTION
SPECIFIC USE PERMIT APPLICATION
(EXHIBITS A-T)
&
GAS WELL PAD SITE APPLICATION
(EXHIBITS AA-EE)
MAGUIRE WEST PAD
6 Gas Wells
Jacobs Job# WFXG9200 Maguire-Westlake
June 17, 2009
J:\JOB\WFXG9200\SUR\WP\LEG\SUP_Boundary.doc Page 1 of 1
LEGAL DESCRIPTION
OF
RANGE MAGUIRE
WESTLAKE
SUP BOUNDARY
BEING a tract of land situated in the W.H Pea Survey, Abstract Number 2025, Town of
Westlake, Tarrant County, Texas and being a portion of that tract of land described by deed to
Maguire Partners-Solana Land L.P. as recorded in County Clerks Filing Number D203231446
(Tract 2), County Records, Tarrant County, Texas and being more particularly described by the
metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found at the northwest corner of said tract 2;
THENCE S 51°12’24”E, 758.37 feet to the POINT OF BEGINNING;
THENCE N 73°31’31”E, 352.00 feet;
THENCE S 16°28’29”E, 432.00 feet;
THENCE S 73°31’31”W, 352.00 feet;
THENCE N 16°28’29”W, 432.00 feet to the Point of Beginning and containing 152,064 square
feet or 3.491 acres of land, more or less.
This legal description is for zoning purposes only, and is not for the transfer of real
property.
ٛ
TC PLANTATION LTD P/S
TROPHY CLUB PLANTATION CONDO
FMR TEXAS LTD
PARTNERSHIP
VOL. 014146
PG. 0381
FMR TEXAS LTD
PARTNERSHIP
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DOVE ROAD
SOLANA CAMPUS
SUP - EXHIBIT ’A’
TRAFFIC MANAGEMENT PLAN
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MAGUIRE PARTNERS -
SOLANA LAND L.P.
MAGUIRE PARTNERS -
SOLANA LAND L.P.
MAGUIRE PARTNERS -
SOLANA LAND L.P.
MAGUIRE
PARTNERS -
SOLANA
LAND L.P.
MAGUIRE PARTNERS -
SOLANA LAND L.P.
MAGUIRE PARTNERS -
SOLANA LAND L.P.
MAGUIRE PARTNERS -
SOLANA LAND L.P.
MAGUIRE PARTNERS -
SOLANA LAND L.P.
MAGUIRE PARTNERS -
SOLANA LAND L.P.
MAGUIRE PARTNERS -
SOLANA LAND L.P.
MAGUIRE PARTNERS -
SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA L.P.
NOTE: TRAFFIC WILL EXIT SH 114 AND UTILIZE EXISTING INTERSECTION OF FUTURE
PRECINCT LINE ROAD AND SH 114. THE PAD WILL BE ACCESSED BY A PRIVATE ROAD
FROM SAID INTERSECTION. ACCESS POINT IS TEMPORARY UNTIL CONSTRUCTION OF
FUTURE PRECINCT LINE ROAD BEGINS. AT WHICH TIME, TRAFFIC WILL USE THE
ALTERNATE ROUTE AS SHOWN. ACCESS ROUTES WILL BE REVIEWED ANNUALLY BY TOWN
OF WESTLAKE STAFF.
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNER
LEGEND
APPLICANTS
0’300’600’900’
SURFACE OWNERS
S
H
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O
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SITE ACCESS / ROUTING
AG3 SRS
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
SCALE 1"= 300’
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
PAD SITE LOCATION
SUP BNDY
DENTON COUNTY
TARRANT COUNTY
MAGUIRE PARTNERS - SOLANA L.P.
MAGUIRE PARTNERS
- SOLANA L.P.
ALTERNATE ROUTE
10
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VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNER
LEGEND
APPLICANTS SURFACE OWNERS
S
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AG3 SRS
0’100’200’300’
SCALE 1"=100’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
PAD SITE LOCATION
FMR TEXAS LTD
PARTNERSHIP
VOL. 014146
PG. 0381
FMR TEXAS LTD
PARTNERSHIP
TC PLANTATION LTD P/S
CNL RETMT CRSI TROPHY CI TX LP
ST
A
T
E
H
W
Y.
114
TROPHY CLUB MEDICAL CENTER
TROPHY CLUB PLANTATION CONDO
F
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P
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IN
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IN
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R
O
A
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SOLANA BOULEVARD
S
OL
ANA
CAM
P
US
VOL 013290
PAGE 0009
MAGUIRE PTNRS
- SOLANA LTD
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
M
AGUI
RE
P
ART
NE
RS -
S
OL
ANA
L.
P.
PROPOSED DRILL PAD
PROPOSED
ACCESS ROAD
225’
3
3
1’
SUP - EXHIBIT ’B’
STRUCTURES &
PROTECTED USES
PROPOSED DRILL ZONE
7
5
’
75’
1035’
EXIST 20’ACCESS
& UTILITY ESMT
W
E
S
T
L
A
K
E
T
O
W
N
L
I
M
I
T
SUP BNDY
T
R
O
P
H
Y
C
L
U
B
T
O
W
N
L
I
M
I
T
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNER
LEGEND
APPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
0’100’200’300’
SCALE 1"=100’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
PAD SITE LOCATION
FMR TEXAS LTD
PARTNERSHIP
VOL. 014146
PG. 0381
FMR TEXAS LTD
PARTNERSHIP
CNL RETMT CRSI TROPHY CI TX LP
ST
A
T
E
H
W
Y.
114
TROPHY CLUB MEDICAL CENTER
F
U
T
U
R
E
P
R
E
C
IN
C
T
L
IN
E
R
O
A
D
SOLANA BOULEVARD
S
OL
ANA
CAM
P
US
VOL 013290
PAGE 0009
MAGUIRE PTNRS
- SOLANA LTD
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
M
AGUI
RE
P
ART
NE
RS -
S
OL
ANA
L.
P.
PROPOSED DRILL PAD
SUP - EXHIBIT ’C’
PRIVATE ROAD LOCATION
JOGGING
TRAIL
100’R
100’R
PROPOSED PRIVATE
30’ ACCESS ROAD
PROPOSED DRILL ZONE
6
"
NA
TURA
LG
ROUND
NATURAL
GROUND
COMPACTED AND
STABILIZED
SUBGRADE
NOT TO SCALE
30’
TYPICAL 30’ ACCESS ROAD SECTION
3
0
’
PROPOSED PRIVATE
30’ ALTERNATE ROUTE
(IF NEEDED)
NOTE:
SET ASIDE AS EMERGENCY ACCESS. ANY
1.PRIVATE 30’ ACCESS ROAD RESERVED AND
EXIST 20’ACCESS
& UTILITY ESMT
2
0
0
’
50’R
8
0
’175’R
7
0
’
MUD SHAKER
TXDOT GRADE 1 FLEX BASE
COMPACTED CRUSHED LIMESTONE
ON A PREPARED SUBGRADE
AREA TO BE
CHIP-SEALED
2.ALTERNATE ACCESS ROAD TO BE USED
DURING CONSTRUCTION OF FUTURE
PRECINCT LINE ROAD (FM 1938).
3.ACCESS ROUTES TO BE REVIEWED ANNUALLY
BY TOWN OF WESTLAKE STAFF.
3
0’
BY THE TOWN OF WESTLAKE.
FUTURE CHANGES MUST BE APPROVED
C
O
N
S
T
R
U
C
T
I
O
N
T
R
A
I
L
E
R
S
P
I
P
E
R
A
C
K
S
CREW HOUSE
WELL
HEAD
D
I
E
S
E
L
G
E
N
E
R
.
MUD
STR.
PMP
PMP
P
I
P
E
S
T
O
R
.
L
O
G
G
I
N
G
T
R
A
I
L
E
R
LOGGING
TRAILER
C
R
U
S
H
E
D
L
I
M
E
S
T
O
N
E
8
’
C
H
A
I
N
L
I
N
K
F
E
N
C
E
8
’
C
H
A
I
N
L
I
N
K
F
E
N
C
E
A
C
C
E
S
S
RIG
FLOOR
16’HIGH
D
E
R
E
K
1
3
7
’
T
A
L
L
300’
3
8
0
’
DRILL SITE (TYP.)
OPERATION SITE (TYP.)
A
C
C
E
S
S 300’
3
8
0
’
WE
L
L
H
E
A
D
S
ANCHOR
ANCHOR ANCHOR
ANCHOR
WI
T
H
A
L
L
WE
A
T
H
E
R
S
C
R
E
E
N
I
N
G
F
A
B
R
I
C
WI
T
H
A
L
L
WE
A
T
H
E
R
S
C
R
E
E
N
I
N
G
F
A
B
R
I
C
8’CHAINLINK FENCE
WITH BARBED WIRE
C
L
O
S
E
D
L
O
O
P
S
Y
S
T
E
M
GATE
CHAINLINK
8’CHAIN LINK FENCE
W/ALL WEATHER
SCREENING FABRIC
8’CHAIN LINK FENCE
WITH ALL WEATHER
SCREENING FABRIC
HORIZONTAL
SEPARATOR
250 BBL TANKS
(16’ DIAMETER x 8’ TALL)
CONTAINMENT RING WITH
IMPERVIOUS LINER
SALES
METER
PARKING
AREA
PARKING
AREA
PIPE
STOR.
8’WROUGHT IRON FENCE
WITH MASONRY PILLARS
8
’
WR
O
U
G
H
T
I
R
O
N
F
E
N
C
E
WI
T
H
M
A
S
O
N
R
Y
P
I
L
L
A
R
S
8
’
WR
O
U
G
H
T
I
R
O
N
F
E
N
C
E
WI
T
H
M
A
S
O
N
R
Y
P
I
L
L
A
R
S
8’WROUGHT IRON
FENCE WITH
MASONRY PILLARS
SUP - EXHIBIT ’D’
SITE PLAN
NOTE:
2. EQUIPMENT AND TANKS SHOWN ARE NOT TO SCALE AND LOCATIONS
ARE APPROXIMATE.
NOTE:1. EQUIPMENT AND TANKS SHOWN ARE NOT TO SCALE AND LOCATIONS
ARE APPROXIMATE.
GAS LIFT
COMPRESSOR
8’CHAINLINK
FENCE WITH
BARBED WIRE
ARCHITECTURAL
GATE
APPROXIMATE LOCATION
OF PIPELINE (BY OTHERS)
SEE EXHIBIT R
DUMPSTER
GENERAL NOTES:
1.
2.
3.
4.
NO WATER WELLS WILL BE DRILLED FOR
THIS SITE
ALL TELEMETRY EQUIPMENT ON SITE IS
CELLULAR. NO TOWERS ARE NECESSARY.
DUMPSTERS WILL BE REMOVED IN
CONJUNCTION WITH RIG DEMOBILIZATIONS.
NOTE: 1. APPLICANT REQUESTS TOWN COUNCIL APPROVE WROGHT IRON FENCING WITH MASONRY COLUMNS
IN CONJUNCTION WITH VEGETATION AS PER SECTION 56-40B7 OF THE TECHNICAL STANDARDS ORDINANCE.
AFTER COMPLETION OF ALL WELLS, AN EIGHT (8’) FOOT TALL WROUGHT IRON FENCE WITH MASONRY
PILLARS AND LOCKED GATE WILL ENCLOSE THE OPERATION SITE. A MINIMUM OF ONE (1) GATE, TWENTY
FOUR (24’) FEET WIDE, WILL BE INSTALLED. SEE EXHIBIT I.
2. IF NECESSARY, SOUND WALLS WILL BE INSTALLED DURING DRILLING AND/OR FRACCING OPERATIONS.
1. TEMPORARY 8’CHAIN LINK FENCE WITH ALL WEATHER SCREENING
TO BE INSTALLED AFTER RIG DEMOBILIZES FROM FIRST WELL. SEE
GENERAL NOTES.
A TEMPORARY CHAIN LINK FENCE WITH ALL
WEATHER SCREENING FACRIC WILL BE INSTALLED
AFTER THE FIRST WELL IS COMPLETED AND
REMOVED AFTER THE FINAL WELL HAS BEEN
COMPLETED OR AFTER 1 YEAR FROM ITS
INSTALLATION, WHICHEVER COMES FIRST.
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNERAPPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
0’50’100’150’
SCALE 1"=50’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNERAPPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
SUP BNDY
DENTON COUNTY
TARRANT COUNTY
FIRE HYDRANT
LEGEND
WELL SITE LOCATION
DOVE ROAD
P
R
E
C
I
N
C
T
L
I
N
E
R
O
A
D
SOLANA BOULEVARD
ST
A
T
E
H
W
Y.
114
S
O
U
T
H
L
A
K
E
C
I
T
Y
L
I
M
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W
E
S
T
L
A
K
E
C
I
T
Y
L
I
M
I
T
FIDELITY
0’
VAQUERO
SCALE 1"=500’
300’600’900’
1000’
1000’
DRILLING WATER
SOURCE
W
W
EXIS
T 16
"W
SUP - EXHIBIT ’E’
WATER SOURCE &
FIRE HYDRANT LOCATION MAP
NOTE:
2.
1.NO FRAC PIT OR RETENTION POND IS PLANNED
FOR THIS SITE. MAKE-UP WATER FOR DRILLING
MUD WILL COME FROM WESTLAKE FIRE
HYDRANTS.
WATER FOR FRAC OPERATIONS WILL COME FROM
THE WEST VIA TWO 10"IRRIGATION LINES. ALL
WESTLAKE ROAD CROSSINGS WILL BE BORED.
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNERAPPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
0’100’200’300’
SCALE 1"=100’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
SUP BNDY
PROPOSED DRILL PAD
PROPOSED
ACCESS ROAD
FIRE HYDRANT
PROPOSED WATER LINE
LEGEND
WELL SITE LOCATION
P
R
E
C
I
N
C
T
L
I
N
E
R
O
A
D
S
O
L
A
N
A
B
O
U
LE
V
A
R
D
ST
A
T
E
H
W
Y.
114
SUP - EXHIBIT ’F’
WATER STORAGE FACILITIES
F
U
T
U
R
E
P
R
E
C
IN
C
T
L
IN
E
R
O
A
D
NOTE:
1.
2.
0’
NO FRAC PIT OR RETENTION POND IS PLANNED FOR THIS SITE.
MAKE-UP WATER FOR DRILLING MUD WILL COME FROM WESTLAKE
FIRE HYDRANTS.
WATER FOR FRAC OPERATIONS WILL COME FROM THE WEST VIA TWO
10"IRRIGATION LINES. ALL WESTLAKE ROAD CROSSINGS WILL BE BORED.
PROPOSED 3" FASTLINE
FOR DRILLING WATER
3.DURING FRACCING OPERATIONS, ENCLOSED TANKS MAY BE REQUIRED
AND WILL BE ENTIRELY LOCATED WITHIN THE PAD SITE.
W
W
EXIST 16" WATER
EXIST 20’ACCESS
& UTILITY ESMT
PROPOSED
DRILL PAD
EXISTING POND
SUP - EXHIBIT ’G’
GRADING & DRAINAGE PLAN
6.51 7.56 10.733.87 AC.9.24 0.3
MAGUIRE PTNRS
- SOLANA LAND LTD
#D203231446
MAGUIRE PTNRS
- SOLANA LAND LTD
#D203231446
MAGUIRE PTNRS
- SOLANA LAND LTD
#D203231446
MAGUIRE PTNRS
- SOLANA LAND LTD
#D203231446
PRO
PO
SED
ACCE
S
S
ROAD
1.
0
0
%
0.
3
0
%
1.
0
0
%
NOTE: SLOPES NOT TO EXCEED 3:1.
EXIST 20’ACCESS
& UTILITY ESMT
I-10
(IN/HR)
I-100
(IN/HR)C Q-10
(CFS)
Q-100
(CFS)
DRAINAGE
AREA AREA
1
6.51 9.2422.73 AC.0.5 8.89 12.61
DA-1
DA-2
DEVELOPED RUNOFF CALCULATIONS
6.51 9.24 0.3
I-10
(IN/HR)
I-100
(IN/HR)C Q-10
(CFS)
Q-100
(CFS)
DRAINAGE
AREA AREA
EXISTING CONDITIONS RUNOFF CALCULATIONS
1+2 6.60 AC.12.89 18.30
PROPOSED 21"
CMP CULVERT
FL IN=636.25
FL OUT=635.00
SUP BNDY
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNERAPPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
0’50’100’150’
SCALE 1"=50’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
S
T
A
T
E
H
W
Y.
114
SOLANA BOULEVARD
643
642
641 640
630
645650
640
6
4
5
6
5
0
6
3
5
635
640.88
642.38
642.62
643.92
643.92
642.62
642.38
640.88
6
6
0
650
6
7
5
6
3
0
6
4
0
6 4 0
645
645
6 4 5
6
4
5
6
5
0
650
650
650
655
6
5
5
6
6
0
660
660
6
6
5
665
6
7
0
6
7
0
S
T
A
T
E
H
W
Y.
114
SOLANA BOULEVARD
6
3
0
6
3
0
630
6
3
0
6
3
5
635
635
6
3
5
6
3
5
635
6
3
5
635
635
640
640
640
6
4
0
6
4
0
6
4
0
640
6
4
0
640
645
6
4
5
6
4
5
6
4
5
645
6
4
5
645
6
5
0
650
6
5
0
6
5
0
6
5
0650
650
650
6
5
0
655
655
670
6
7
5
680
6
6
0
655
650
6
7
5
6
3
0
6
4
0
6 4 0
645
645
6 4 5
6
4
5
6
5
0
650
650
650
655
6
5
5
6
6
0
660
660665
6
7
0
6
7
0
6
3
0
6
3
0
630
6
3
0
6
3
5
635
635
6
3
5
6
3
5
635
6
3
5
635
635
640
640
640
6
4
0
6
4
0
6
4
0
640
6
4
0
640
645
6
4
5
6
4
5
6
4
5
645
6
4
5
645
6
5
0
650
6
5
0
6
5
0
6
5
0650
650
650
6
5
0
655
655
670
6
7
5
680
PROPOSED DRILL ZONE
PROPOSED DRILL PAD
PROP CMP
CULVERT
SB
LEGEND
PROP MAJOR CONTOURS
PROP MINOR CONTOURS
EXIST MAJOR CONTOURS
EXIST MINOR CONTOURS
640
640
WELL SITE LOCATION
SILT BARRIER
PRO
PO
SEDACCESS
ROAD
S
B
S
B SB
S
B
MAGUIRE PTNRS - SOLANA LTD
MAGUIRE PTNRS - SOLANA LTD
#D203231446
#D203231446
MAGUIRE PTNRS - SOLANA LTD
S
B
SUP - EXHIBIT ’H’
EROSION CONTROL PLAN
EXIST 20’ACCESS
& UTILITY ESMT
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNERAPPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
0’100’200’300’
SCALE 1"=100’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
SUP BNDY
643
642
641
290
3
6
0
352
4
3
2
640
630
645650
640
6
4
5
6
5
0
6
3
5
635
STATE
H
W
Y.
114
SUP BNDY
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNER
LEGEND
APPLICANTS SURFACE OWNERS
AG3 SRS
0’50’100’150’
SCALE 1"=50’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
PAD SITE LOCATION
643
642
641
290
3
6
0
352
4
3
2
640
630
645650
640
6
4
5
6
5
0
6
3
5
635
SH
114
MAGUIRE PTNRS - SOLANA LTD
#D203231446
MAGUIRE PTNRS - SOLANA LTD
#D203231446
MAGUIRE PTNRS
- SOLANA LTD
PROPOSED
ACCESS ROAD
PROPOSED
DRILL PAD
#D203231446
ARCHITECTURAL GATE
PROPOSED
DRILL ZONE
EXISTING POND
EXISTING TREE COVER
EXIST 20’ACCESS
& UTILITY ESMT
8’CHAIN LINK FENCE
WITH ALL WEATHER
SCREENING FABRIC
X X 8’ CHAIN LINK FENCE WITH
ALL WEATHER SCREENING FABRIC
NOTE:
1. SUPERVISION WILL BE ON SITE 24 HOURS A DAY, 7 DAYS A WEEK DURING DRILLING’
AND COMPLETION OPERATIONS.
2. AFTER COMPLETION OF THE FIRST WELL, AN 8’ CHAIN LINK FENCE WITH ALL
WEATHER SCREENING FABRIC AND A LOCKED GATE WILL ENCLOSE THE SITE.
3. TEMPORARY CHAIN LINK FENCE WITH LOCKED GATE WILL REMAIN FOR A PERIOD NOT
TO EXCEED ONE YEAR AFTER COMPLETION OF THE FIRST WELL.
SUP - EXHIBIT ’I-1’
TEMPORARY LANDSCAPE PLAN
S
H
E
E
T
N
O
.
1
O
F
2
EXIST 20’ACCESS
& UTILITY ESMT
SUP BNDY
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNERAPPLICANTS SURFACE OWNERS
AG3 SRS
0’50’100’150’
SCALE 1"=50’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
643
642
641
290
3
6
0
352
4
3
2
640
630
645650
640
6
4
5
6
5
0
6
3
5
635
SH
114
MAGUIRE PTNRS - SOLANA LTD
#D203231446
MAGUIRE PTNRS - SOLANA LTD
#D203231446
MAGUIRE PTNRS
- SOLANA LTD
PROPOSED
ACCESS ROAD
PROPOSED
DRILL PAD
#D203231446
ARCHITECTURAL GATE
WROUGHT IRON FENCE
WITH 8’ MASONRY PILLARS
(NOT TO SCALE)
WROUGHT IRON FENCE (TYP.)
(NOT TO SCALE)
ARCHITECTURAL GATE (TYP.)
PROPOSED
DRILL ZONE
EXISTING POND
8
’
12’
24’
12’
8
’
24’24’
1. CONTRACTOR SHALL NOTIFY THE OWNERS REPRESENTATIVE OF ANY
DISCREPANCIES THAT MAY ARISE DURING THE CONSTRUCTION PERIOD.
FAILURE TO MAKE SUCH CONFLICTS KNOWN TO THE OWNER’S
REPRESENTATIVE WILL RESULT IN THE CONTRACTOR’S LIABILITY TO
RELOCATE MATERIALS AS DIRECTED.
2. FINAL LOCATION OF PLANT MATERIAL IS SUBJECT FOR REVIEW AND
APPROVAL BY OWNER’S REPRESENTATIVE.
3. NOTIFY OWNER’S REPRESENTATIVE 48 HOURS IN ADVANCE OF COMMENCING
WORK TO COORDINATE PROJECT INSPECTION SCHEDULE.
4. REFER TO DETAILS AND SPECIFICATIONS PLANT PIT DIMENSIONS AND
BACKFILL REQUIREMENTS.
5. ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY GROWING
CONDITION AS IS APPROPRIATE FOR THE SEASON OF THE YEAR. PLANT
MATERIALS THAT IS DAMAGED, DESTROYED OR REMOVED SHALL BE
REPLACED WITH PLANT MATERIAL OF SIMILAR SIZE AND VARIETY WITHIN
30 DAYS. UNLESS OTHERWISE APPROVED IN WRITING BY THE OWNER OR
OWNER’S REPRESENTATIVE.
6. ALL NEW PLANT MATERIAL SHALL CONFORM TO THE MINIMUM
GUIDELINES ESTABLISHED FOR NURSERY STOCK PUBLISHED BY THE
AMERICAN ASSOCIATION OF NURSERYMAN, INC. IN ADDITION, ALL NEW
PLANT MATERIAL FOR THE PROJECT SHALL BE OF SPECIMEN QUALITY.
7. ALL NEW PLANTS HALL BE BALLED AND BURLAPPED OR CONTAINER-
GROWN, UNLESS OTHERWISE NOTED ON THE PLANT LIST.
8. THE GENERAL CONTRACTOR SHALL SUPPLY ALL NEW PLANT MATERIAL IN
QUANTITIES SUFFICIENT TO COMPLETE THE PLANTINGS SHOWN ON THE
DRAWINGS.
9. ALL NEW PLANTS SHALL BE TAGGED AND APPROVED BY THE OWNER’S
REPRESENTATIVE AT THE NURSERY PRIOR TO DIGGING OR DELIVERY TO
THE SITE.
10. THE GENERAL CONTRACTOR SHALL LOCATED AND VERIFY ALL
EXISTING UTILITY LINES PRIOR TO PLANTING AND SHALL REPORT ANY
CONFLICTS TO THE OWNER’S REPRESENTATIVE. VERIFY WITH OWNER PIPE
LINES LOCATIONS PRIOR TO DIGGING.
11. NO TREES SHALL BE PLANTED BEFORE ACCEPTANCE OF ROUGH
GRADING. TREES SHALL BEAR SAME RELATIONSHIP TO FINISH GRADE
AS THEY BORE TO PREVIOUS GRADE.
12. STAKE THE LOCATION OF ALL PROPOSED PLANTING FOR APPROVAL BY
THE OWNER’S REPRESENTATIVE PRIOR TO COMMENCEMENT OF PLANTING.
13. ALL PLANTED AREAS TO BE MULCHED AS SPECIFIED.
PLANT QUANTITIES ARE TO BE AN AID TO THE BIDDER. BIDDER’S ARE
RESPONSIBLE FOR VERIFYING ALL QUANTITIES. PLANT QUANTITIES
SHALL SUPERSEDE PLANT SCHEDULE QUANTITIES.
PLANT DISCREPANCIES:
PLAN: NUMBER ON PLAN SUPERSEDES PLANT SCHEDULE
SIZE: LARGEST SIZE ON PLANT SCHEDULE FOR TYPE PREVAILS
SPECIES: CONSULT OWNER’S REPRESENTATIVE FOR CLARIFICATION
ITEM NO.CREDIT SQ. FT
1"=1pt
@3"
@1"
TREES TO BE REMOVED
TREES TO BE PLANTED
TREES TO BE RETAINED
TOTAL REQUIREMENT
TOTAL DIFFERENCE
TREE CREDIT - POINTS
JV
PN
B & B
B & B
SPECIMEN QUALITY
SPECIMEN QUALITY
3"-3.5"
CALIPER
JUNIPERUS VIGINIANA EASTERN RED CEDAR
B & B SPECIMEN QUALITY
3"-3.5"
CALIPER
3"-3.5"
CALIPER
AUSTRIAN PINEPINUS NIGRA
PINUS ELDARICA
9
PLANT SCHEDULE
SYMBOL QTY BOTANICAL NAME COMMON NAME
EVERGREEN TREES
SIZE COND.REMARKS
MASONRY
PILLARS
ELDARICA PINE
SPECIMEN QUALITYB & B3"-3.5"
CALIPERX CUPRESSOCYPARIS LEYLANDII LEYLAND CYPRESSCL
EXISTING TREE COVER
3
JV
3
PN
3
CL
3
PE
3
JV
3
PN
3
CL
3P
E
3C
L
3
PN
3
JV
PE 6
EXIST 20’ACCESS
& UTILITY ESMT
867"
33
811"
9
9
-867"
99"
811"
867"
+43"
SUP - EXHIBIT ’I-1’
LANDSCAPE PLAN
S
H
E
E
T
N
O
.
2
O
F
2
NOTE: 1. APPLICANT REQUESTS TOWN COUNCIL APPROVE WROGHT IRON FENCING WITH MASONRY COLUMNS
IN CONJUNCTION WITH VEGETATION AS PER SECTION 56-40B7 OF THE TECHNICAL STANDARDS ORDINANCE.
AFTER COMPLETION OF ALL WELLS, AN EIGHT (8’) FOOT TALL WROUGHT IRON FENCE WITH MASONRY
PILLARS AND LOCKED GATE WILL ENCLOSE THE OPERATION SITE. A MINIMUM OF ONE (1) GATE, TWENTY
FOUR (24’) FEET WIDE, WILL BE INSTALLED.
EXIST 20’ACCESS
& UTILITY ESMT
SUP BNDY
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNERAPPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
0’50’100’150’
SCALE 1"=50’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
643
642
641
290
3
6
0
352
4
3
2
640
630
645650
640
6
4
5
6
5
0
6
3
5
635
SH
114
MAGUIRE PTNRS - SOLANA LTD
#D203231446
MAGUIRE PTNRS - SOLANA LTD
#D203231446
MAGUIRE PTNRS
- SOLANA LTD
PROPOSED
ACCESS ROAD
PROPOSED
DRILL PAD
#D203231446
PROPOSED
DRILL ZONE
EXISTING POND
1. CONTRACTOR SHALL NOTIFY THE OWNERS REPRESENTATIVE OF ANY
DISCREPANCIES THAT MAY ARISE DURING THE CONSTRUCTION PERIOD.
FAILURE TO MAKE SUCH CONFLICTS KNOWN TO THE OWNER’S
REPRESENTATIVE WILL RESULT IN THE CONTRACTOR’S LIABILITY TO
RELOCATE MATERIALS AS DIRECTED.
2. FINAL LOCATION OF PLANT MATERIAL IS SUBJECT FOR REVIEW AND
APPROVAL BY OWNER’S REPRESENTATIVE.
3. NOTIFY OWNER’S REPRESENTATIVE 48 HOURS IN ADVANCE OF COMMENCING
WORK TO COORDINATE PROJECT INSPECTION SCHEDULE.
4. REFER TO DETAILS AND SPECIFICATIONS PLANT PIT DIMENSIONS AND
BACKFILL REQUIREMENTS.
5. ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY GROWING
CONDITION AS IS APPROPRIATE FOR THE SEASON OF THE YEAR. PLANT
MATERIALS THAT IS DAMAGED, DESTROYED OR REMOVED SHALL BE
REPLACED WITH PLANT MATERIAL OF SIMILAR SIZE AND VARIETY WITHIN
30 DAYS. UNLESS OTHERWISE APPROVED IN WRITING BY THE OWNER OR
OWNER’S REPRESENTATIVE.
6. ALL NEW PLANT MATERIAL SHALL CONFORM TO THE MINIMUM
GUIDELINES ESTABLISHED FOR NURSERY STOCK PUBLISHED BY THE
AMERICAN ASSOCIATION OF NURSERYMAN, INC. IN ADDITION, ALL NEW
PLANT MATERIAL FOR THE PROJECT SHALL BE OF SPECIMEN QUALITY.
7. ALL NEW PLANTS HALL BE BALLED AND BURLAPPED OR CONTAINER-
GROWN, UNLESS OTHERWISE NOTED ON THE PLANT LIST.
8. THE GENERAL CONTRACTOR SHALL SUPPLY ALL NEW PLANT MATERIAL IN
QUANTITIES SUFFICIENT TO COMPLETE THE PLANTINGS SHOWN ON THE
DRAWINGS.
9. ALL NEW PLANTS SHALL BE TAGGED AND APPROVED BY THE OWNER’S
REPRESENTATIVE AT THE NURSERY PRIOR TO DIGGING OR DELIVERY TO
THE SITE.
10. THE GENERAL CONTRACTOR SHALL LOCATED AND VERIFY ALL
EXISTING UTILITY LINES PRIOR TO PLANTING AND SHALL REPORT ANY
CONFLICTS TO THE OWNER’S REPRESENTATIVE. VERIFY WITH OWNER PIPE
LINES LOCATIONS PRIOR TO DIGGING.
11. NO TREES SHALL BE PLANTED BEFORE ACCEPTANCE OF ROUGH
GRADING. TREES SHALL BEAR SAME RELATIONSHIP TO FINISH GRADE
AS THEY BORE TO PREVIOUS GRADE.
12. STAKE THE LOCATION OF ALL PROPOSED PLANTING FOR APPROVAL BY
THE OWNER’S REPRESENTATIVE PRIOR TO COMMENCEMENT OF PLANTING.
13. ALL PLANTED AREAS TO BE MULCHED AS SPECIFIED.
PLANT QUANTITIES ARE TO BE AN AID TO THE BIDDER. BIDDER’S ARE
RESPONSIBLE FOR VERIFYING ALL QUANTITIES. PLANT QUANTITIES
SHALL SUPERSEDE PLANT SCHEDULE QUANTITIES.
PLANT DISCREPANCIES:
PLAN: NUMBER ON PLAN SUPERSEDES PLANT SCHEDULE
SIZE: LARGEST SIZE ON PLANT SCHEDULE FOR TYPE PREVAILS
SPECIES: CONSULT OWNER’S REPRESENTATIVE FOR CLARIFICATION
ITEM NO.CREDIT SQ. FT
TOTAL REQUIREMENT
TOTAL DIFFERENCE
TREE CREDIT - POINTS
JV
PN
B & B
B & B
SPECIMEN QUALITY
SPECIMEN QUALITY
3"-3.5"
CALIPERJUNIPERUS VIGINIANA EASTERN RED CEDAR
B & B SPECIMEN QUALITY
3"-3.5"
CALIPER
3"-3.5"
CALIPER
AUSTRIAN PINEPINUS NIGRA
PINUS ELDARICA
PLANT SCHEDULE
SYMBOL QTY BOTANICAL NAME COMMON NAME
EVERGREEN TREES
SIZE COND.REMARKS
ELDARICA PINE
SPECIMEN QUALITYB & B3"-3.5"
CALIPERX CUPRESSOCYPARIS LEYLANDII LEYLAND CYPRESSCL
EXISTING TREE COVER
3
JV
3
PN
3
CL
3
PE
3
JV
3
PN
3
CL
3P
E
3C
L
3
PN
3
JV
PE 60
SUP - EXHIBIT ’J’
TREE MITIGATION PLANEXIST 20’ACCESS
& UTILITY ESMT
867"
33
256
TREES TO BE REMOVED
TREES TO BE PLANTED
(WELL UNDER PRODUCTION)
TREES TO BE PLANTED
(AFTER RECLAMATION OF PAD)
1"=1pt
@3"
@3"
-867"
99"
768"
867"
0"
3
6
J
V
3
6
P
E
3
6
C
L
3
6
P
N
1
8
C
L
3
8
C
L
18
PE
38
PN
45
83
101
NOTE:
OPERATOR WILL PLANT 33 TREES TO PROPERLY SCREEN THE PAD SITE
WHILE IT IS IN USE. AFTER ALL WELLS HAVE STOPPED PRODUCING,
OPERATOR WILL RECLAIM PAD AND PLANT REMAINDER OF TREES IN ORDER
TO MEET MITIGATION REQUIREMENTS
W
E
S
T
L
A
K
E
T
O
W
N
L
I
M
I
T
SUP BNDY
T
R
O
P
H
Y
C
L
U
B
T
O
W
N
L
IM
I
T
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNER
LEGEND
APPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
0’100’200’300’
SCALE 1"=100’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
PAD SITE LOCATION
FMR TEXAS LTD
PARTNERSHIP
VOL. 014146
PG. 0381
FMR TEXAS LTD
PARTNERSHIP
TC PLANTATION LTD P/S
CNL RETMT CRSI TROPHY CI TX LP
ST
A
T
E
H
W
Y.
114
TROPHY CLUB MEDICAL CENTER
F
U
T
U
R
E
P
R
E
C
IN
C
T
L
IN
E
R
O
A
D
SOLANA BOULEVARD
S
OL
ANA
CAM
P
US
VOL 013290
PAGE 0009
MAGUIRE PTNRS
- SOLANA LTD
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
M
AGUI
RE
P
ART
NE
RS -
S
OL
ANA
L.
P.
PROPOSED
DRILL SITE
PRO
PO
SEDACCE
SS
ROAD
SUP - EXHIBIT ’K’
SITE SECURITY PLAN
TEMP CHAIN LINK FENCE
WITH LOCKED GATE
EXIST 20’ACCESS
& UTILITY ESMT
NOTE:
1. SUPERVISION WILL BE ON SITE 24 HOURS A DAY, 7 DAYS A WEEK DURING
DRILLING AND COMPLETION OPERATIONS. AFTER COMPLETION OF THE FIRST WELL, A
FENCE WITH A LOCKED GATE WILL ENCLOSE THE SITE.GATE WILL BE LOCKED WITH A
KNOX LOCK OR KNOX BOX.
2. TEMPORARY CHAIN LINK FENCE WITH LOCKED GATE WILL REMAIN FOR A PERIOD
NOT TO EXCEED ONE YEAR FROM TIME FIRST WELL IS COMPLETED. (SEE EXHIBIT I)
3. SEE EXHIBIT I FOR PERMANENT SCREENING.
P.O. Box 810658 ◙ Dallas, TX 75381 ◙ 214 674 3762 ◙ todd@enrgconsultants.com
May 21, 2009
Range Production Company
Attn: Ms. Mary C. Patton
100 Throckmorton Street, Suite 1200
Fort Worth, Texas 76102
(817) 870-2601
RE: MAGUIRE "A" UNIT #1H - MAGUIRE WEST PAD
24-Hour Pre-Drilling Ambient Noise Level Survey - Log Base 10
API #: - Not Available at Date of Report
Dear Ms. Patton:
Per your request on April 16, 2009, ENRG performed a 24-hour pre-drilling ambient noise level survey at the
Range Production Company Maguire “A” Unit drilling location in Westlake on April 21-22, 2009. This noise
level survey was performed to conform with the City of Westlake's pending Gas and Oil Technical Standards
Ordinance Sec 56-43 (a) 33. The Maguire “A” Unit is located at approximately Latitude 32.9868 Longitude -
97.17915. According to Google Earth maps and visual observation, the proposed drill site is south of Highway
114 and east of Precinct Line Road (Figure 1). At the time of the ambient sound level test, the well pad had not
been constructed and no protected uses were located within 1,000 feet.
An EXTECH 407764 (ANSI S1.4 Type II) Data Logging Sound Level Meter (SLM) was calibrated,
programmed for decibel (dB) readings between 30-130 dB and “A” frequency weighting (human ear) and
installed at the site by ENRG personnel at approximately 10:00 PM on Tuesday, April 21, 2009. Initial and
final readings were verified with a calibration device to ensure accuracy during and after the test. The objective
was to measure and document the site’s 24-hour ambient sound levels until 10:00 PM on Wednesday, April 22,
2009. The meter was located on a stake installed by ENRG in accordance with the City of Westlake's
Ordinance. The SLM was placed where no obstructions were allowed to block the meter from measuring and
recording accurate ambient noise levels.
The results of the 24-hour pre-drilling ambient noise levels are attached as Table 1, Figure 2, and Figure 3. Per
the City of Westlake's pending Ordinance Section 56-32 daytime is defined as the period between 7:00 AM and
7:00 PM, and nighttime is defined as the period between 7:00 PM and 7:00 AM. A summary of the 24-hour
ambient noise level averages is shown on Table 1. Figure 2 shows the graphical results of the minimum,
maximum and average of the 24-hour pre-drilling ambient noise levels. Figure 3 indicates the 24-hour average
ambient noise levels and allowable drilling noise levels.
Please call me direct at (214) 674-3762 if you have any questions or comments.
Sincerely,
Todd H. Boring
President
ENRG - The Environmental & Natural Resources Group, Inc.
Attachments
P.O. Box 810658 ◙ Dallas, TX 75381 ◙ 214 674 3762 ◙ todd@enrgconsultants.com
Time
Average dB/Hr
(LAFavg)
Minimum dB/Hr
(LAFmin)
Maximum dB/Hr
(LAFmax)
11:00 PM64.053.372.4
4/22/200962.851.172.0
1:00 AM61.142.372.7
2:00 AM58.844.771.0
3:00 AM58.344.371.6
4:00 AM55.841.866.6
5:00 AM57.148.868.1
6:00 AM59.350.372.6
7:00 AM65.757.871.1
8:00 AM63.455.372.8
9:00 AM61.352.769.9
10:00 AM59.152.771.8
11:00 AM58.251.072.3
12:00 PM58.350.271.1
1:00 PM57.250.767.8
2:00 PM57.850.869.3
3:00 PM58.251.168.5
4:00 PM60.551.572.6
5:00 PM61.153.771.7
6:00 PM61.454.571.5
7:00 PM61.852.872.9
8:00 PM60.852.072.9
9:00 PM59.352.072.1
10:00 PM57.651.765.3
24-Hour Average
Log Base 10 60.750.770.9
Daytime Allowable
Noise Average65.7
Nighttime Allowable
Noise Average63.7
Allowable Frac
Noise Average70.7
TABLE 1
RANGE PRODUCTION COMPANY
24 HOUR PRE-DRILLING AMBIENT NOISE LEVEL AVERAGES
APRIL 21 - 22, 2009
MAGUIRE "A" UNIT #1H - MAGUIRE WEST PAD
Daytime
Range
Nighttime
Range
Nighttime
Range
P.
O
.
B
o
x
8
1
0
6
5
8
◙
D
a
l
l
a
s
,
T
X
7
5
3
8
1
◙
2
1
4
6
7
4
3
7
6
2
◙
t
o
d
d
@
e
n
r
g
c
o
n
s
u
l
t
a
n
t
s
.
c
o
m
FI
G
U
R
E
2
RA
N
G
E
P
R
O
D
U
C
T
I
O
N
C
O
M
P
A
N
Y
M
A
G
U
I
R
E
"
A
"
U
N
I
T
#
1
H
-
M
A
G
U
I
R
E
W
E
S
T
P
A
D
24
-
H
O
U
R
P
R
E
-
D
R
I
L
L
I
N
G
A
M
B
I
E
N
T
N
O
I
S
E
L
E
V
E
L
S
U
R
V
E
Y
-
L
o
g
B
a
s
e
1
0
35
.
0
40
.
0
45
.
0
50
.
0
55
.
0
60
.
0
65
.
0
70
.
0
75
.
0
80
.
0
1
1:0
0 P
M
4/22/20
09
1:00 A
M
2:00 A
M
3:00 A
M
4:00 A
M
5:00 A
M
6:00 A
M
7:00 A
M
8:00 A
M
9:00 A
M
1
0:0
0
A
M
1
1:0
0
A
M
1
2:0
0 P
M
1:00 P
M
2:00 P
M
3:00 P
M
4:00 P
M
5:00 P
M
6:00 P
M
7:00 PM 8:00 PM 9:00 PM 10:00 PM
Ti
m
e
-
A
p
r
i
l
2
1
-
2
2
,
2
0
0
9
Sound Level (dBA)
Ma
x
i
m
u
m
H
o
u
r
l
y
S
o
u
n
d
L
e
v
e
l
s
(
L
A
F
m
a
x
)
Mi
n
i
m
u
m
H
o
u
r
l
y
S
o
u
n
d
L
e
v
e
l
s
(
L
A
F
m
i
n
)
Av
e
r
a
g
e
H
o
u
r
l
y
S
o
u
n
d
L
e
v
e
l
s
(
L
A
F
a
v
g
)
P.
O
.
B
o
x
8
1
0
6
5
8
◙
D
a
l
l
a
s
,
T
X
7
5
3
8
1
◙
2
1
4
6
7
4
3
7
6
2
◙
t
o
d
d
@
e
n
r
g
c
o
n
s
u
l
t
a
n
t
s
.
c
o
m
FI
G
U
R
E
3
RA
N
G
E
P
R
O
D
U
C
T
I
O
N
C
O
M
P
A
N
Y
M
A
G
U
I
R
E
"
A
"
U
N
I
T
#
1
H
-
M
A
G
U
I
R
E
W
E
S
T
P
A
D
2
4
-
H
O
U
R
P
R
E
-
D
R
I
L
L
I
N
G
A
M
B
I
E
N
T
A
V
E
R
A
G
E
A
N
D
A
L
L
O
W
A
B
L
E
D
R
I
L
L
I
N
G
N
O
I
S
E
L
E
V
E
L
S
Lo
g
B
a
s
e
1
0
58
.
0
59
.
0
60
.
0
61
.
0
62
.
0
63
.
0
64
.
0
65
.
0
66
.
0
67
.
0
68
.
0
1
1
:
0
0
P
M
4
/
2
2
/
2
0
0
9
1
:
0
0
A
M
2
:
0
0
A
M
3
:
0
0
A
M
4
:
0
0
A
M
5
:
0
0
A
M
6
:
0
0
A
M
7
:
0
0
A
M
8
:
0
0
A
M
9
:
0
0
A
M
1
0
:
0
0
A
M
1
1
:
0
0
A
M
1
2
:
0
0
P
M
1
:
0
0
P
M
2
:
0
0
P
M
3
:
0
0
P
M
4
:
0
0
P
M
5
:
0
0
P
M
6
:
0
0
P
M
7:00 PM8:00 PM9:00 PM10:00 PM
Ti
m
e
-
A
p
r
i
l
2
1
-
2
2
,
2
0
0
9
Sound Level (dBA)
Da
y
t
i
m
e
A
l
l
o
w
a
b
l
e
Av
e
r
a
g
e
N
o
i
s
e
L
e
v
e
l
24
-
H
o
u
r
Av
e
r
a
g
e
N
o
i
s
e
L
e
v
e
l
Ni
g
h
t
t
i
m
e
A
l
l
o
w
a
b
l
e
Av
e
r
a
g
e
N
o
i
s
e
L
e
v
e
l
W
E
S
T
L
A
K
E
T
O
W
N
L
I
M
I
T
SUP BNDY
T
R
O
P
H
Y
C
L
U
B
T
O
W
N
L
IM
I
T
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNER
LEGEND
APPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
0’100’200’300’
SCALE 1"=100’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
PAD SITE LOCATION
FMR TEXAS LTD
PARTNERSHIP
VOL. 014146
PG. 0381
FMR TEXAS LTD
PARTNERSHIP
TC PLANTATION LTD P/S
CNL RETMT CRSI TROPHY CI TX LP
ST
A
T
E
H
W
Y.
114
TROPHY CLUB MEDICAL CENTER
F
U
T
U
R
E
P
R
E
C
IN
C
T
L
IN
E
R
O
A
D
SOLANA BOULEVARD
S
OL
ANA
CAM
P
US
VOL 013290
PAGE 0009
MAGUIRE PTNRS
- SOLANA LTD
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
M
AGUI
RE
P
ART
NE
RS -
S
OL
ANA
L.
P.
PROPOSED
DRILL SITE
PRO
PO
SEDACCES
S
ROAD
SUP - EXHIBIT ’M’
LIGHTING PLAN
EXIST 20’ACCESS
& UTILITY ESMT
NOTE:
1. DRILLING OPERATIONS LAST ROUGHLY 3 WEEKS PER WELL. COMPLETION OPERATIONS
OCCUR MAINLY DURING DAYLIGHT HOURS AND LAST ROUGHLY 1 WEEK PER WELL.
FRAC OPERATIONS ARE PERFORMED DURING DAYLIGHT HOURS ONLY. NO LIGHTING IS
INSTALLED ON SITE FOR THE PRODUCTION PHASE.
2. REFER TO EXHIBIT M-1 FOR FIXTURE LOCATIONS, LIGHT SOURCE, TYPE & HEIGHT
OF FIXTURE ABOVE GRADE DURING DRILLING OPERATIONS.
W
E
S
T
L
A
K
E
T
O
W
N
L
I
M
I
T
SUP BNDY
T
R
O
P
H
Y
C
L
U
B
T
O
W
N
L
IM
I
T
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNER
LEGEND
APPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
0’100’200’300’
SCALE 1"=100’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
PAD SITE LOCATION
FMR TEXAS LTD
PARTNERSHIP
VOL. 014146
PG. 0381
FMR TEXAS LTD
PARTNERSHIP
TC PLANTATION LTD P/S
CNL RETMT CRSI TROPHY CI TX LP
ST
A
T
E
H
W
Y.
114
TROPHY CLUB MEDICAL CENTER
F
U
T
U
R
E
P
R
E
C
IN
C
T
L
IN
E
R
O
A
D
SOLANA BOULEVARD
S
OL
ANA
CAM
P
US
VOL 013290
PAGE 0009
MAGUIRE PTNRS
- SOLANA LTD
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
M
AGUI
RE
P
ART
NE
RS -
S
OL
ANA
L.
P.
PROPOSED
DRILL SITE
Dust Suppression Application shall
be broadcasted along the access
road and pad site
TXDOT Grade 1 Flex Base
Compacted Crushed Limestone
PROPOSEDACCESS
ROAD
SUP - EXHIBIT ’N’
DUST MITIGATION PLAN
EXIST 20’ACCESS
& UTILITY ESMT
NOTE:
SOIL - SEMENT(C) OR A SIMILAR DUST SUPPRESSION
APPLICATION WILL BE BROADCAST ALONG THE ACCESS
ROAD AND PAD SURFACE. THE ACCESS ROAD AND PAD
SURFACE WILL ALSO BE WATERED AS NEEDED TO
MINIMALIZE THE POTENTIAL FOR AIRBORNE DEBRIS
WITHIN THE PROJECT AREA.
MUD SHAKER
AREA TO BE
CHIP-SEALED
W
E
S
T
L
A
K
E
T
O
W
N
L
I
M
I
T
SUP BNDY
T
R
O
P
H
Y
C
L
U
B
T
O
W
N
L
IM
I
T
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNER
LEGEND
APPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
0’100’200’300’
SCALE 1"=100’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
PAD SITE LOCATION
FMR TEXAS LTD
PARTNERSHIP
VOL. 014146
PG. 0381
FMR TEXAS LTD
PARTNERSHIP
TC PLANTATION LTD P/S
CNL RETMT CRSI TROPHY CI TX LP
ST
A
T
E
H
W
Y.
114
TROPHY CLUB MEDICAL CENTER
F
U
T
U
R
E
P
R
E
C
IN
C
T
L
IN
E
R
O
A
D
SOLANA BOULEVARD
S
OL
ANA
CAM
P
US
VOL 013290
PAGE 0009
MAGUIRE PTNRS
- SOLANA LTD
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
M
AGUI
RE
P
ART
NE
RS -
S
OL
ANA
L.
P.
SUP - EXHIBIT ’O’
WASTE DISPOSAL PLAN
PROPOSED
DRILL SITE
PRO
PO
SEDACCES
S
ROAD
WATER STORAGE TANKS
TO BE TRUCKED AS NEEDED
DUMPSTER IN LINED
1’ HIGH BERM
EXIST 20’ACCESS
& UTILITY ESMT
NOTE: DUMPSTER WILL BE REMOVED AFTER DRILLING OPERATIONS.
DUMPSTER TO BE EMPTIED AT LEAST ONCE EVERY 30 DAYS, MANAGED BY
EXPRESS ENERGY SERVICES
W
E
S
T
L
A
K
E
T
O
W
N
L
I
M
I
T
SUP BNDY
T
R
O
P
H
Y
C
L
U
B
T
O
W
N
L
IM
I
T
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNER
LEGEND
APPLICANTS SURFACE OWNERS
S
H
E
E
T
N
O
.
O
F
AG3 SRS
0’100’200’300’
SCALE 1"=100’
JACOBS ENGINEERING, INC.
777 MAIN STREET
FORT WORTH, TX 76102
PHONE: (817) 735-6000
FAX: (817) 735-6148
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
PAD SITE LOCATION
FMR TEXAS LTD
PARTNERSHIP
VOL. 014146
PG. 0381
FMR TEXAS LTD
PARTNERSHIP
TC PLANTATION LTD P/S
CNL RETMT CRSI TROPHY CI TX LP
ST
A
T
E
H
W
Y.
114
TROPHY CLUB MEDICAL CENTER
F
U
T
U
R
E
P
R
E
C
IN
C
T
L
IN
E
R
O
A
D
SOLANA BOULEVARD
S
OL
ANA
CAM
P
US
VOL 013290
PAGE 0009
MAGUIRE PTNRS
- SOLANA LTD
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
MAGUIRE PARTNERS - SOLANA LAND L.P.
M
AGUI
RE
P
ART
NE
RS -
S
OL
ANA
L.
P.
PROPOSED
DRILL SITE
SUP - EXHIBIT ’R’
PIPELINE LOCATION
PROPOSEDACCESS
ROAD
MOST LIKELY LOCATION
OF TRANSMISSION
LINE (BY OTHERS)
EXIST 20’ACCESS
& UTILITY ESMT
SUP - EXHIBIT ’T’
SITE PLAN
C
O
N
S
T
R
U
C
T
I
O
N
T
R
A
I
L
E
R
S
P
I
P
E
R
A
C
K
S
CREW HOUSE
WELL
HEAD
D
I
E
S
E
L
G
E
N
E
R
.
MUD
STR.
PMP
PMP
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(16’ DIAMETER x 8’ TALL)
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WITH MASONRY PILLARS
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NOTE:
2. EQUIPMENT AND TANKS SHOWN ARE NOT TO SCALE AND LOCATIONS
ARE APPROXIMATE.
NOTE:1. EQUIPMENT AND TANKS SHOWN ARE NOT TO SCALE AND LOCATIONS
ARE APPROXIMATE.
GAS LIFT
COMPRESSOR
8’CHAINLINK
FENCE WITH
BARBED WIRE
ARCHITECTURAL
GATE
APPROXIMATE LOCATION
OF PIPELINE (BY OTHERS)
SEE EXHIBIT R
DUMPSTER
NOTE: 1. APPLICANT REQUESTS TOWN COUNCIL APPROVE WROGHT IRON FENCING WITH MASONRY COLUMNS
IN CONJUNCTION WITH VEGETATION AS PER SECTION 56-40B7 OF THE TECHNICAL STANDARDS ORDINANCE.
AFTER COMPLETION OF ALL WELLS, AN EIGHT (8’) FOOT TALL WROUGHT IRON FENCE WITH MASONRY
PILLARS AND LOCKED GATE WILL ENCLOSE THE OPERATION SITE. A MINIMUM OF ONE (1) GATE, TWENTY
FOUR (24’) FEET WIDE, WILL BE INSTALLED. SEE EXHIBIT I.
2. IF NECESSARY, SOUND WALLS WILL BE INSTALLED DURING DRILLING AND/OR FRACCING OPERATIONS.
1. TEMPORARY 8’CHAIN LINK FENCE WITH ALL WEATHER SCREENING
TO BE INSTALLED AFTER RIG DEMOBILIZES FROM FIRST WELL. SEE
GENERAL NOTES.
GENERAL NOTES:
1.
2.
3.
4.
NO WATER WELLS WILL BE DRILLED FOR
THIS SITE
ALL TELEMETRY EQUIPMENT ON SITE IS
CELLULAR. NO TOWERS ARE NECESSARY.
DUMPSTERS WILL BE REMOVED IN
CONJUNCTION WITH RIG DEMOBILIZATIONS.
A TEMPORARY CHAIN LINK FENCE WITH ALL
WEATHER SCREENING FACRIC WILL BE INSTALLED
AFTER THE FIRST WELL IS COMPLETED AND
REMOVED AFTER THE FINAL WELL HAS BEEN
COMPLETED OR AFTER 1 YEAR FROM ITS
INSTALLATION, WHICHEVER COMES FIRST.
VICINITY MAP
PROJECT NO.DRAWN BY APPROVED BY
DATE REV.
NORTH
PLANNERAPPLICANTS SURFACE OWNERS
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AG3 SRS
0’50’100’150’
SCALE 1"=50’
JACOBS ENGINEERING, INC.
Maguire Partners-Southlake Lnd
9 Village Circle
Suite 500
Westlake, Texas 76262-5919
Range Production Co.
100 Throckmorton St.
Suite 1200
Fort Worth, Texas 76102
Phone # 817-870-2601
Fax
WFXG9200
3.3
3.9
1.3
1709
114
GRAP
EVI
NE
LAKE
0.6
Branch
377
SOLANA
BLVD
170
PAD
SITE
06/08/09
OPERATOR WILL ENSURE THAT THIS GAS WELL PAD SITE WILL COMPLY
WITH ALL TOWN ZONING ORDINANCES FOR SUP FOR GAS WELL PADS AND
TECHNICAL REQUIREMENTS OF CHAPTER 56 "GAS WELLS," ARTICLE II
"DRILLING AND PRDUCTION" OF THE WESTLAKE CODE OF ORDINANCES.
3.491 ACRES OUT OF THE W.H. PEA SURVEY, ABSTRACT NO. A-2025,
TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS
MAY 2009
07/13/09
RANGE PRODUCTION COMPANY
MAGUIRE WEST PAD
DRAFT Staff Report
Town of Westlake
Maguire-Range GWPS 7-15-09 EE
1
TOWN OF WESTLAKE, TX
STAFF REPORT TO PLANNING & ZONING COMMISSION & TOWN COUNCIL
I. CASE INFORMATION
Case No(s): SUP-GWPS- 09-01
Date: 7/15/2009
Request: Applicant is requesting approval of the following:
Specific Use Permit (SUP) (Gas Well Pad Site, Maguire West Pad)
Submitted as informational items:
Gas Well Pad Site Permit
Gas Well Permit
(Gas Well Pad Site Permits and Gas Well Permits are approved administratively after
the SUP is approved by Town Council and are included in the packet as informational
items only)
Pad Site Name: Maguire A Unit on Maguire West Pad.
Location: Subject property is located near the southeast corner of SH114 and Precinct
Line Rd. The site is approximately 2.6171 acres.
This land is bounded on the west by Precinct Line Rd (FM 1938) and on the north by
SH 114. The site is addressed as 2450 Precinct Line Road. The site has a rectangular
configuration; located in the WH Pea Survey, Abstract A-2025, Tarrant County (see
attached area/vicinity plan).
Owner: Maguire Partners – Solana Land LP
Developer/Operator: Range Production Company
Zoning: PD- 1
Proposed Use(s): Rural Gas Well Pad Site (rural >1000 feet). By ordinance, a Rural
Gas Well Pad Site contains a Drill Zone that is located more than 1,000 feet from a
Protected Use at the time of the filing of a Gas Well Pad Site Permit application. By
ordinance, a Protected Use is defined as a habitable structure, Religious Institution,
Public Building, Healthcare Facility, School or Public Park (note: parks do not include
trails and the trail near this proposed GWPS is a private trail). This term does not apply
DRAFT Staff Report
Town of Westlake
Maguire-Range GWPS 7-15-09 EE
2
to accessory building, garages, hangars, or storage buildings. The applicant intends to
develop the site to drill an unknown number of gas wells.
Phasing: The applicant is submitting a Gas Well Pad Site SUP application for approval
and concurrently submitted for administrative review, the related Gas Well Pad Site
Permit application and a Gas Well Permit application. The SUP submittal includes a
site plan outlining all equipment and vehicle parking and storage areas to be used in the
drilling phase (see attached site plan, Exhibit T from the SUP application). At this
time, only one (1) well will be drilled and data gathered to determine the optimum
number of wells to be drilled in the future for this site, i.e. - The initial gas well on this
pad site will be one of possibly several drilled over time (time period not determined). If
this SUP application is approved, this would also amend the PD Site Plan for the
existing PD-1 zoning district. At the time of issuance of the GWPS permit, the applicant
should be required to submit an amended PD Site Plan exhibit for the PD-1 zoning
district for the Town’s official records reflecting this Gas Well Pad Site, its access
routes, and any other conditions of the SUP (if approved) that would impact future PD-1
zoning district development in and around this pad site.
II. STAFF REVIEW COMMENTS
1. Platting
The applicant represents that all conditions of zoning for PD-1 that affect the
GWPS site plan and platting for this property have been met. However, the
parcel included in the SUP application on which the GWPS will be located is not
currently platted. The applicant has stated that this parcel will not be sold nor
sub-divided; but only leased from the surface owner. We are advised that this is
not an uncommon practice in the natural gas industry and that other area
municipalities allow Gas Well Pad Sites to be permitted on unplatted property.
To prevent any possible future subdivision of the parent tract from the SUP tract
which will contain the GWPS, this status as non-subdivided property will be
researched and reviewed during the annual renewal process for the GWPS and
Gas Well permits. If there is any change of ownership or division of property
within each one year permit time period, the GWPS tract must be re-platted to
reflect this change of ownership and subdivision of property.
2. Traffic Management Plan
Primary access to the proposed site will be off of FM 1938, southbound from the
SH114 eastbound access road. (See attached Exhibit A from the SUP
application). If construction of FM 1938 prohibits access via this route, the
secondary access route will be from SH 114 on to Solana Boulevard traveling
west until vehicles can turn right and travel north to the site parallel to a Trophy
DRAFT Staff Report
Town of Westlake
Maguire-Range GWPS 7-15-09 EE
3
Club MUD easement.
Solana Boulevard is dedicated to the Town of Westlake; however, the surface
owner (Maguire Partners) is responsible for the maintenance and repair of
Solana Blvd. Maguire has negotiated a private agreement with the operator
(Range) regarding the use of Solana Boulevard. However after review, staff
finds the agreement to be inadequate because it is a lease agreement with some
language regarding access routes and road maintenance between Maguire and
Range. The Town is not a party to this agreement and has no legal standing in
requiring road repairs to Solana Boulevard that might result from this drilling
and/or well servicing activity. Under the submitted documents, this would be a
decision relegated totally to Maguire and Range. A separate road maintenance
agreement with the Town regarding access and use of Solana Boulevard by
the operator is necessary.
3. Structures and Protected Uses within 1,000’
Applicant has complied with this GWPS requirement (as shown in Exhibit B
from the SUP application). Additionally, a list of all property owners and their
addresses has been provided by the applicant as required by ordinance. There
is only one Westlake (1) property, other than TxDOT that is within 1,000 feet of
proposed Drill Zone (Fidelity Investments).
4. Private Roads used to Access the Gas Well Pad Site as well as Points of
Intersection and Ingress/egress of Private Roads
Primary Private Access. Original drawings for the private roadway that will
access the site from FM 1938 have been revised per staff comments to show a
turn-around area outside or near the gate for denied access purposes. A
hammer-head design was discussed and reflected on the revised drawings. The
design shall comply with a selected option as shown in Appendix D of the 2006
International Fire Code.
Staff requested that applicant provide the private access roadway design
information such as materials, thickness, design load capacity, etc. Applicant
has shown a cross section of the roadway to consist of a 6” TxDOT Flex Base
(crushed limestone) on a compacted sub grade (shown in attached Exhibit C
from the SUP application). Once FM 1938 construction is complete, the first
200’ of the private roadway from the edge of FM 1938 ROW must be chip-sealed
or be constructed of some other town approved surface for dust mitigation and
prevention of loose rock or gravel from entering the roadway. Additionally, as
stated in the 2006 International Fire Code , since this private access road will
also be the fire apparatus road for the GWPS, it shall be designed and
maintained to support the imposed loads of fire apparatus and shall be surfaced
so as to provide all weather driving capabilities at all times.
DRAFT Staff Report
Town of Westlake
Maguire-Range GWPS 7-15-09 EE
4
Staff requested that mud shakers and other tire cleaning devices, as required by
ordinance, be shown on drawings for both primary and secondary access roads.
Once FM 1938 construction begins, truck shakers must be moved to a town
approved location between the Gas Well Pad Site and the chip-sealed or
improved pavement.
When adjacent development occurs, the Town will reserve the right to require
additional paving and or relocation of the primary or secondary access roads and
or relocation of truck shakers to facilitate development of adjacent property.
Secondary Private Access. If the secondary access route is utilized, it must be
constructed to meet all the standards and conditions mentioned above for the
primary access road.
5. Location of Vehicle Parking and Storage Areas.
Revised drawings, per staff comments, have been submitted showing all
equipment that may be used on the site, including a gas lift compressor (an 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), which are allowed by
ordinance (shown on attached Exhibit D from the SUP application).
6. Water Source and Other Public Utilities/
7. Water Storage Facilities Including On-site Retention Ponds
The applicant has advised staff that all necessary water for drilling at this GWPS
will be purchased from the Town of Westlake from a Town fire hydrant located on
southwest corner of new, realigned FM 1938. The water will be delivered to the
GWPS by a temporary, above ground water line. An amendment to the Town’s
water rate ordinance will be need to be approved by the Town Council in order to
have pricing in place that covers full cost of service for this customer class. This
must be done before drilling of the first well at this GWPS. Water for fraccing
may come from an off-site source. Off-site water storage facilities to be located
within the Town of Westlake must be approved by Town staff.
8. One Hundred (100) Year Flood Plain
No portion of the proposed Gas Well Pad Site is located within the One Hundred
(100) Year Flood Plain.
9. Proposed method of Erosion Control/Drainage
The applicant’s submitted site plan shows no on-site detention or retention. The
increase in run-off caused by the installation of compacted materials in the Gas
Well Pad Site area will result in an increase of approximately 5cfs, which should
DRAFT Staff Report
Town of Westlake
Maguire-Range GWPS 7-15-09 EE
5
not have any negative impact on adjacent properties. Erosion control materials
will be field approved after installation. Installation of erosion control systems will
be in accordance with industry standards and practices.
10. Screening and Landscape Plan
The applicant’s screening and landscape plan has been revised and resubmitted
(see attached Exhibit I from the SUP application). This SUP is based on this
site being classified as a Rural Gas Well Pad Site (GWPS) as mentioned above
in the Proposed Use section of this staff report. The ordinance provides that
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. Further, while if screening is required, it can be approved by the
Town Council (as a part of the SUP) as wrought iron with masonry columns,
which the applicant has proposed. Also, the landscape and screening wall
installation for a Rural GWPS 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.
The applicant was requested to submit three Landscape and Screening plans.
a. A Landscape and Screening plan that shows what they desire to
have in place during the Drilling phase.
b. A Landscape and Screening plan that shows what they desire to
install after the drilling is complete and remain in place until
development occurs within 1,000 feet of the Drill Zone.
c. A Landscape and Screening plan that complies fully with town
ordinances for all Gas Well Pad Sites, to be installed after
development occurs within 1,000 feet of the Drill Zone.
For the Drilling phase, the applicant has proposed installing a temporary chain
link perimeter fence with all weather screening for a period not to exceed one
year after completion of the first well. No additional landscaping is proposed
during this time frame.
Upon expiration of the above time frame, the applicant proposes installing a
wrought iron fence with masonry columns and thirty-three additional trees to
serve as their permanent landscape and screening.
The applicant is of the opinion that the location of this GWPS, situated amongst
the large grove of existing trees and at a ground elevation significantly lower than
DRAFT Staff Report
Town of Westlake
Maguire-Range GWPS 7-15-09 EE
6
the highway, will be better hidden from view by the installation of the less
obtrusive wrought iron fence along with the strategic installation of thirty-three
additional trees, than by the installation of the masonry fence and layered
landscape plan as detailed in the ordinance. It is the applicant’s desire that this
level of landscape be approved as the final landscape and screening plan even if
development occurs within 1,000 feet of the Drill Zone.
11. Tree preservation and Mitigation Plan
The applicant has submitted a tree preservation/mitigation plan (see attached
Exhibit J from the SUP application). Tree mitigation plan provided does not
conform to Town of Westlake code of Ordinances Section 98-48, Tree
Replacement Requirements. However, the applicant is proposing a delayed tree
mitigation plan that would include planting 289 trees on the Gas Well Pad Site
after the wells stop producing.
12. Site Security Plan
The applicant has submitted a site security plan (see attached Exhibit K from
the SUP application). The applicant is proposing a temporary chain link fence
around the entire GWPS until the site is fully drilled or one year following
completion of the first well.
13. Noise Management Plan
Town Staff requested additional information regarding the anticipated noise
levels or proposed monitoring and mitigation methods in addition to the submitted
ambient noise measurements.
The applicant submitted a new exhibit from Principle Environmental Consultants
(see attached Exhibit L from the SUP application) regarding the requested
information. In this exhibit are examples of sound walls to be used during the
drilling and fraccing operations, should they be necessary. The applicant does
not anticipate that the site will be in close enough in proximity to adjacent uses to
warrant the use of any noise mitigation, but they are prepared to install and use if
the measured levels exceed those outlined in the code.
14. Outdoor Lighting Plan
Applicant revised notes on drawings as requested by Town staff for clarification
of the lighting details. An additional sheet was added to the exhibit regarding the
fixtures heights as requested.
While the applicant states that all luminaries shall be shielded according to state
and federal safety laws, they must also comply with the Town’s outdoor lighting
requirements as found in Section 102-207 and in the PD-1 requirements for
DRAFT Staff Report
Town of Westlake
Maguire-Range GWPS 7-15-09 EE
7
outdoor lighting (see attached Exhibit M from the SUP application).
The applicant stated that lights are labeled on the rig and will be used only when
necessary to meet state and federal safety regulations.
15. Dust Mitigation Plan
Town Staff requested that the applicant identify the dust suppression material to
be applied. The applicant noted that the material to be used is Soil Sement. The
MSDS for this material is also included in the revised exhibit
16. Waste Disposal Plan
As requested by Town Staff, the applicant has noted on the drawings that all
waste will be trucked off-site at least monthly and that the on-site dumpster will
be located within a lined, 1’ berm and will be located within the landscaping /
screening plan referenced above in Section 9 of this report.
17. Telemetry Equipment
No telemetry equipment has been identified on the drawings nor will be
necessary since the equipment will be cellular. For clarification, it was noted that
no towers will be necessary and thus none will be permitted on site without a site
plan amendment.
.
18. Exhibit Q – Water Wells
Applicant states in his SUP application that no fresh water wells will be
necessary for the drilling or fraccing of any gas well to be drilled on this GPWS,
thus there are no fresh water wells on the site plan.
19. Exhibit R – Pipelines
Applicant indicates pipelines to tie this GWPS into a gas transmission line will run
from SH 114 to the north side of the GWPS.
20. Adjacent Property Owners
Applicant states there are no protected uses inside the corporate limits of
Westlake within 1,000’ of the drill zone of this GWPS and thus, no adjacent
property owner consent forms are necessary for this SUP application.
DRAFT Staff Report
Town of Westlake
Maguire-Range GWPS 7-15-09 EE
8
III. STAFF RECOMMENDATIONS
Staff recommends approval of the Gas Well Pad Site SUP application for the
Maguire West Pad, located on PD-1, subject to the following stipulations:
1. Platting
To prevent any possible future subdivision of the parent tract from the SUP tract
which will contain the GWPS, this status as non-subdivided property will be
researched and reviewed during the annual renewal process for the GWPS and
Gas Well permits. If there is any change of ownership or division of property
within each one year time permit period, the GWPS tract must be re-platted to
reflect this change of ownership and subdivision of property prior to reissuance of
new yearly GWPS and GW permits.
2. Traffic Management Plan
Primary access to the proposed site will be off of FM 1938, southbound from the
SH114 eastbound access road. (See attached Exhibit A from the SUP
application). If construction of FM 1938 prohibits access via this route, the
secondary access route will from SH 114 on to Solana Boulevard traveling west
until vehicles can turn right and travel north to the site along a Trophy Club MUD
easement. Applicant must a letter for Town files from TC MUD stating that they
approve use of their easement as secondary private access to this site prior to
consideration of the SUP by the Planning & Zoning Commission (Commission).
A separate road maintenance agreement with the Town for access and use of
Solana Boulevard by the applicant is required prior to consideration of this SUP
by the Commission.
3. Structures and Protected Uses within 1,000’
Per ordinance requirements, the applicant must have a neighborhood meeting
with this property owner (Fidelity) and provide the staff with a summary of the
discussion and outcomes of that meeting prior to the public hearing with the
Planning & Zoning Commission. (While the Town does not have the authority to
enforce Westlake zoning requirements within Trophy Club, as a courtesy, staff
will send a copy of this staff report and the public hearing information to Trophy
Club for dissemination to their citizens, if they wish to do so).
DRAFT Staff Report
Town of Westlake
Maguire-Range GWPS 7-15-09 EE
9
4. Private Roads used to Access the Gas Well Pad Site as well as Points of
Intersection, Ingress/egress of Private Roads
Primary Private Access.
Once FM 1938 construction is complete, the first 200’ of the private roadway
from the edge of FM 1938 ROW must be chip-sealed or be constructed of some
other town approved surface for dust mitigation and the prevention of loose rock
or gravel from entering the roadway and the truck shakers must be moved to a
town approved location between the Gas Well Pad Site and the chip-sealed or
improved pavement.
When adjacent development occurs, the Town reserves the right to require
relocation of the primary access road to facilitate development of the adjacent
newly aligned FM 1938.
5. Location of Vehicle Parking and Storage Areas.
6. Water Source and Other Public Utilities
7. Water Storage Facilities Including On-site Retention Ponds
The applicant agrees to obtain all water for this Gas Well Pad Site from the Town
of Westlake to the extent that the town can provide it.
8. One Hundred (100) Year Flood Plain
No portion of the proposed Gas Well Pad Site is located within the One Hundred
(100) Year Flood Plain.
9. Proposed method of Erosion Control/Drainage
Erosion control must be installed and maintained per industry standards.
10. Screening and Landscape Plan
For the Drilling phase, the applicant shall install a temporary chain link perimeter
fence with all weather screening for a period not to exceed one year after
completion of the first well.
Staff recommends that additional trees be planted as necessary to screen the
entrance to the GWPS form view of adjacent roadways prior to issuance of the
Gas Well Pad Site permit.
DRAFT Staff Report
Town of Westlake
Maguire-Range GWPS 7-15-09 EE
10
Upon expiration of the above time frame, the applicant shall install a wrought iron
fence with masonry columns and thirty-three additional trees to serve as their
permanent landscape and screening.
11. Tree preservation and Mitigation Plan
The applicant has submitted a tree preservation/mitigation plan (see attached
Exhibit J from the SUP application). Tree mitigation plan provided does not
conform to Town of Westlake code of Ordinances Section 98-48, Tree
Replacement Requirements.
Staff recommends that as a condition of approval of this SUP, the applicant must
agree to pay into the Tree mitigation fund $100 per caliper inch for all trees
removed and not mitigated within one year. With the exception that 150 inches
may be reserved for mitigation within the Gas Well Pad Site no later than 120
days after gas production is ceased.
12. Site Security Plan
Applicant shall provide Knox locks for all gates.
13. Noise Management Plan
Approval of this Sup and renewal of all related permits is contingent upon the
operator complying with town ordinances regulating noise.
14. Outdoor Lighting Plan
Applicant agrees to provide shielding and or alteration of the lighting as, directed
by town staff, to comply with the town’s lighting ordinances to the degree
possible without unduly compromising the safety of the workers.
15. Dust Mitigation Plan
Applicant agrees to modify dust control methods or maintenance schedules as
directed by town staff to adequately mitigate dust migration. Town staf will
monitor the site and will determine if dust mitigation efforts are adequate for the
various climatic conditions and traffic loads.
16. Waste Disposal Plan
Waste from this site will be trucked off-site at least monthly and the on-site
dumpster will be located within a lined area enclosed by a by a 1’ high berm as
shown on the site plan, located within the landscaping/screening plan referenced
above in Section 9 of this report.
DRAFT Staff Report
Town of Westlake
Maguire-Range GWPS 7-15-09 EE
11
17. Telemetry Equipment
No telemetry equipment has been identified on the drawings nor will be
necessary since the equipment will be cellular.
18. Water Wells
No fresh water wells will be drilled on this GPWS.
19. Exhibit R – Pipelines
All pipelines related to the drilling or production operations will be approved and
permitted by the town prior to being installed.
20. Adjacent Property Owners
Applicant states there are no protected uses inside the corporate limits of
Westlake within 1,000’ of the drill zone of this GWPS and thus, no adjacent
property owner consent forms are necessary for this SUP application.
10. 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 # 10 –
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
4/27/09 E.Edwards Noise Regulations/Ordinance revision Wrkshp/Mtg?
August 31, 2009, Meeting (submittal deadline August 20) 7 p.m.
Date Contact Description Format
6/3/09 Brymer/Piper Present Proposed 09‐10 Municipal Budget Wkshp/mtg?
7/23/09 J. Greenwood FEMA Flood Insurance Rate Map Adoption ‐ Ord. (consent) Meeting
5/4/09 T.Brymer Marriott Agreement for approval Meeting
7/28/09 K. Sutter Appointment to the Westlake Academy Foundation (Cox) Meeting
8/3/09 T. Brymer Capital Improvement Plan Presentation and Approval Wkshp/Mtg
8/6/09 J. Greenwood Tarrant County ILA – FM1938 Meeting
8/6/09 T. Meyer Trail System Updte Workshop
September 21, 2009, Meeting (submittal deadline September 10) 7 p.m.
Date Contact Description Format
7/1/09 T. Brymer & D. Pip Adopt Town Budget for FY 2009/2010 Meeting
October 5, 2009, Meeting (submittal deadline September 24) 7 p.m.
Date Contact Description Format
October 26, 2009, Meeting (submittal deadline October 15) 7 p.m.
Date Contact Description Format
August 2009 4 Sept. 2009 5 Oct 2009 6
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 1 2 3 4 5 1 2 3
2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10
9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17
16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24
23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31
30 31
Council Meeting Holiday
Trustees Meeting Election Day
Council and Trustees Meeting First/Last day of School
11. COUNCIL CALENDAR.
- Dedication and Ribbon Cutting for the Sam and Margaret Lee Arts &
Sciences Center
o August 28, 2009, Westlake Academy Campus
- Town Council Workshop and Regular meeting and Special Called
Trustees Meeting
o August 31, 2009
- Vaquero Baja (fundraiser for the Academy)
o September 14, 2009, 3:30 p.m.
- Town Council Workshop and Regular meeting
o September 21, 2009
- Town of Westlake Arbor Day Celebration
o September 26, 2009, 4 p.m., Glenwyck Farms Park
- Town Council Workshop and Regular meeting
o October 5, 2009
- Town Council Workshop and Regular meeting
o October 26, 2009
- Town Council Workshop and Regular meeting
o November 9, 2009
- Town Council Workshop and Regular meeting
O December 14, 2009
Town of
Westlake
Item # 11 –
Council Calendar
12. EXECUTIVE SESSION.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.074 to discuss personnel matters. Discuss employment of Town
Secretary.
b. Sec. 551.071(2)- Consult with the Town Attorney regarding a Roadway Funding
Agreement with Roland Arthur.
c. Sec. 551.072- Property- Deliberate the sale, exchange, or value of real property-
FM 1938 ROW.
Town of
Westlake
Item # 12 –
Executive Session
Town of
Westlake
Item # 13 –
Reconvene Meeting
14. CONSIDER A RESOLUTION APPROVING AN ADDENDUM TO THE
ROADWAY FUNDING AGREEMENT WITH ROLAND ARTHUR FOR
FM 1938.
Town of
Westlake
Item #14
Back up material will be
provided at the meeting.
15. CONSIDER A RESOLUTION EXPRESSING THE TOWN COUNCILS
INTENT TO PURSUE CONDEMNATION FOR ALL NECESSARY
RIGHT-OF-WAY AND EASEMENTS RELATED TO THE
CONSTRUCTION OF FM 1938 BY THE TEXAS DEPARTMENT OF
TRANSPORTATION.
Town of
Westlake
Item #15
Back up material will be
provided at the meeting.
Town of
Westlake
Item # 16 – Take any
necessary action from
Executive Session, if
necessary
Town of
Westlake
Item # 17 –
Adjournment
Back up material has not
been provided for this item.