Agenda Packet P&Z 11/08/2004Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, November 8, 2004
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag_
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 Citizen presentations: this is an opportunity for citizens to address the Council on an
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
A.5 Council/staff reports: this is an onnortunity for Council and staff to provide brief updates
on projects and to provide public service announcements. It is not a time for the
expression of opinions, questions and answers, or discussion among staff and Council.
Discussion is limited to whether Council desires to have a topic placed on a future a _ eg nda
for future consideration.
A.6 Planning & Zoning Commission call to order and announce a quorum.
B.1 Planning & Zoning Commission and Town Council to conduct a Joint Public Hearin
relative the following:
An Application from Star of Texas Energy Services, Inc., for a Specific Use Permit to
allow gas well drilling on a 1.5 acre tract of land referred to as "Alternate Pad 8H"
located approximately 400 feet east of Trophy Club Drive and the intersection of
Marshall Creek Road, approximately 2,860 feet east of the Town's west town limit line
and approximately 1,555 feet south of the north Town limit line.
B.2 Planning & Zoning Commission and Town Council to close Joint Public Hearing_
C.1 Public Hearing: An application from Star of Texas Energy Services, Inc. for a Specific
Use Permit to allow gas well drilling on a 1.5 acre tract of land referred to as "PAD 7H",
located approximately 800 feet south of Marshall Creek Road, and approximately 500
feet west of the Town's east Town limit line.
C.2 Town Council to close Public Hearing and conduct a Joint Session with Planning &
Zoning Commission
C.3 Planning & Zoning Commission to conduct a Joint Session with the Town Council.
CA Planning & Zoning Commission to discuss and take annronriate action regarding a
recommendation to the Town Council relative to the following:
An Application from Star of Texas Energy Services, Inc., for a Specific Use Permit to
allow gas well drilling on a 1.5 acre tract of land referred to as "Alternate Pad 8H"
located approximately 400 feet east of Trophy Club Drive and the intersection of
Marshall Creek Road, approximately 2,860 feet east of the Town's west town limit line
and approximately 1,555 feet south of the north Town limit line.
D.1 Discuss and take appropriate action regarding an Ordinance amending Ordinance No.
2004-20, Section 14, entitled "Canvassing of Returns" changing the canvassing time on
November 15, 2004 from 7:00 p.m. to 5:30 p.m.
D.2 Discuss and take appropriate action relative to an application from Star of Texas Energy
Services, Inc., for a Specific Use Permit to allow gas well drilling on a 1.5 acre tract of
land referred to as "Pad 7H" located approximately 800 feet south of Marshall Creek
Road, and approximately 500 feet west of the Town's east Town limit line.
D.3 Discuss and take annronriate action regarding an Application from Star of Texas Ener
Services, Inc., for a Specific Use Permit to allow gas well drilling on a 1.5 acre tract of
land referred to as "Alternate Pad 8H" located approximately 400 feet east of Trophy
Club Drive and the intersection of Marshall Creek Road, approximately 2,860 feet east of
the Town's west town limit line and approximately 1,555 feet south of the north Town
limit line_
DA Discuss and take appropriate action to direct staff regarding the proposal from Nextel to
construct a 90' flagpole and related structures on Town property located at the northwest
corner of Trophy Lake Drive and State Highway 114.
D.5 Discuss and take annronriate action to authorize the Director of Finance to execute loan
documents for the purchase of a police records management system.
The Town has been approved for a loan not to exceed $40,000 for a term of three years at
prime rate minus .25% (current rate would be 4.5%). This loan is through First Financial
bank and will be taken down as needed with the total amount of draw down anticipated to
be approximately $35,000.
D.6 Consent Agenda: Discuss and take appropriate action regarding Interlocal Agreement for
participation in Fort Worth's Environmental Collection Center Household Hazardous
Waste Program
D.7 Consent Agenda: Discuss and take appropriate action to approve Minutes dated October
18, 2004.
D.8 Additional information provided to the Council.
F.1 Adjourn.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item NO.A.I
Call to order and announce a quorum.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.A.2
Invocation.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.A.4
Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not permitted
to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on
specific agenda items prior to the Council addressing those items.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.A.5
Council/staff reports: this is an opportunity for Council and staff to provide brief
updates on projects and to provide public service announcements. It is not a time
for the expression of opinions, questions and answers, or discussion among staff and
Council. Discussion is limited to whether Council desires to have a topic placed on a
future agenda for future consideration.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.B.I
Planning & Zoning Commission and Town Council to conduct a Joint Public
Hearing relative the following:
An Application from Star of Texas Energy Services, Inc., for a Specific Use
Permit to allow gas well drilling on a 1.5 acre tract of land referred to as
"Alternate Pad 8H" located approximately 400 feet east of Trophy Club
Drive and the intersection of Marshall Creek Road, approximately 2,860 feet
east of the Town's west town limit line and approximately 1,555 feet south of
the north Town limit line.
EXPLANATION:
The following SUP application is Alternate 8H. This drill site location is in response to the
denied SUP 8/91-1 location. The site is located well over 1,000 from developed properties,
therefore no waiver is required.
RECOMMENDATION:
ACTION BY COUNCIL:
(kcf)
Attachments: 1. SUP Application
2. SUP Site Plan Checklist
3. Site Plan
4. Drainage Plan
Town of n2phL+ Club, Texas
AMENDED APPLICA rZON FOR OIL AND GAS WELL
DEVELOPMENTS= PLAN REVIEW
NAME OF
GATE: June 10, 2004 PROPOSED Trophy Club Alternate 8-H
DEVELOPMENT:
Application must be submitted with a total of 7 copies of the Site Plan. Drawings by engineering
firms are preferred. Legal description of property must be provided on an 8W x 11" sheet — two
(2) typed copies on plain bond paper — no letterhead.
GENERAL INFORMATION.
Total 1.5 acres Current R-12
acreage: Zoning:
SURFACE OWNER(S).
NAME: Beck Properties Trophy Club, PHONE #;
$1-430-8992
LP
(please prrn
ADDRESS:
NAME: C
ADDRESS: 100 Trophy Club Drive, Trophy Club, T
SIGNATURE;
76262
PROPERTY O WNER(S) U v V (}
NAME: B Oil Investments, Ltd. PHONE #: (214) 745-5400
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ADDRESS: 100 Trophy Club Drive, Trophy Club, Texas 76262
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NAME: Star of Texas Energy PHONE #: (512) 26Y-6005
Services, Inc.
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ADDRESS- P.O. Box 4038, Lago Vista, Texas 7864;=
Owns the minerals in fee SIGNATURE:
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Town of Trophy Club, Texas ,`
Oil and Gas Well Development
Special Use Site Plan Checklist
PROJECT NAME: GAS WELL ALTERNATE 8H
CASE NO: SUP-04-012
DATE: 27 OCTOBER 2004
REVIEWED BY: GH
The Town of Trophy Club requires a Site Plan for review and approval of an Oil and Gas Well Special
Use permit. The following information must be submitted to the Planning & Zoning Commission in order
for a request to be processed.
This summary is provided for the benefit of the applicant. However, fulfilling the requirements of this
summary checklist does not relieve the applicant or his/her agent from the responsibility of the
regulations in the Comprehensive Zoning Ordinance, Subdivision Regulations and other development
related ordinances of the Town of Trophy Club.
® Provide typical well site schematics indicating layout during drilling, upon completion of drilling, and
during fracture or refracture treatment processes.
® Indicate location of all proposed underground pipelines. As built drawings shall be filed with the
Town. All proposed pipelines in pipeline easements shall require pipeline easement dedication.
® Identify if pipelines connect with gas distribution system, and if so, designate proposed location.
General Requirements
1. Drawn to scale: 1" = 50' or 1" = 100" (smaller or larger scales may
be accepted only if approved by the Planning & Zoning
Coordinator).
Shown: ® Not Applicable: ❑
Incomplete:
2. Drawn on a sheet size of 18"x24" or 24"06" (smaller or larger sheet sizes
may be accepted only if approved by the Planning & Zoning Coordinator). Legend
of instruments required.
Shown: ❑ Not Applicable: ❑
Incomplete:
3. The date, written and graphic scale, north arrow, proposed name of
well site, and a key map indicating the location of the development
in relation to existing streets and highways.
Shown: ❑ Not Applicable: ❑
Incomplete:
4. Title Block containing: 1.) Proposed name of the subdivision or lot
on record, 2.) Acres in platted and/or un-platted land and total of
those acres, 3.) Survey and jurisdiction (i.e. Town of Trophy Club,
Denton County, Texas).
Shown: ❑
Not Applicable: ❑
Incomplete:
5. Date of the application, preparation and revision date(s).
Shown: ❑
Not Applicable: ❑
Incomplete:
6. Name and address of the
property owner(s), planners and
registered engineer, surveyor.
Shown: ❑
Not Applicable: ❑
Incomplete:
7. Name and address of property owners of contiguous undeveloped
land.
Shown: ®
Not Applicable: ❑
Incomplete:
8. Any Town lines traversing or on
the boundary of the development.
Shown: ❑
Not Applicable: ❑
Incomplete:
Boundaries, Acreage, Zoning &Uses
9. Indicate the proposed site boundary lines shown in contiguous
dark lines, of sufficient width to be easily identified.
Shown: ❑ Not Applicable: ❑
Incomplete:
10. Total acreage within the proposed site, identification of each
existing and proposed type of land use, and the acreage of each
use.
Shown: ® Not Applicable: ❑
Incomplete:
11. All existing or proposed lots and blocks identified by letter or
number within the proposed site and the names and lot patterns of
contiguous developments, indicated by dotted or dashed lines.
Shown: ❑ Not Applicable: ❑
Incomplete:
12. Location and identification of all existing buildings, parking lots,
driveways and other significant structures within 500' of the SUP
boundaries.
Shown: ❑ Not Applicable:
Incomplete:
13. Existing and proposed zoning of the proposed site and the zoning
of adjacent land.
Shown: ❑ Not Applicable: ❑
Incomplete:
14. Indicate area details: Corps properties, schools, location and size of
all greenbelts and open spaces and parks
Shown: ❑ Not Applicable:
Incomplete:
15. Location, height and type of all walls, fences and/or screening.
Shown: ❑ Not Applicable: ❑
Incomplete: NOT APPLICABLE, BUT REGULATED BY TOWN ORDINANCE
16. Proposed and existing landscaping, and screening buffers.
Shown: ❑ Not Applicable: ❑
Incomplete: NOT APPLICABLE, BUT REGULATED BY TOWN ORDINANCE
Utilities
17. Identify and show the identification, location and size of all
existing public facilities, including water and sanitary sewer lines
and the associated easements that are located within or on the
boundaries of the proposed site.
Shown: ❑ Not Applicable: ❑
Incomplete:
18. Identify the location and size of all existing water and sanitary
sewer lines and the associated elements that are proposed to serve
the site, showing the location, size and distance of any existing
lines to which the connections are proposed.
Shown: ❑ Not Applicable: ❑
Incomplete:
19. Detailed information on the means by which any alternative water
or sanitary sewer service is to be provided.
Shown: ❑ Not Applicable: ❑
Incomplete:
20. The location and routing of all existing or proposed lines,
easements and facilities for providing electrical services for the
proposed site.
Shown: ❑ Not Applicable: ❑
Incomplete:
Streets, Sidewalks & Driveways
21. Identification, location and size of all existing streets and Right -of -
Ways located within the proposed site or adjacent developments.
Shown: ❑ Not Applicable: ❑
Incomplete:
22. Indicate the location and dimension of all curb cuts, public and
private streets, parking & loading areas and outside storage
facilities.
Shown: ❑ Not Applicable: ❑
Incomplete:
23. Location and width of any existing or proposed driveways that
access or are proposed to access any existing or proposed arterial
street located within or on the boundary of the proposed site.
Shown: ❑ Not Applicable: ❑
Incomplete:
Drainage
24. Topographical information based on 2-foot vertical contour
intervals except where excessively steep grade prohibits graphical
representation, in which case 5-foot vertical intervals may be used.
Shown: ® Not Applicable: ❑
Incomplete:
25. The identification, location and approximate dimensions of all
existing and proposed water courses, ponds, detention ponds,
ditches, channels, floodway and floodplain boundaries, storm
water improvements, drainage easements, or similar natural or
man-made drainage facilities or features located within or outside
the boundaries of the development that do or will affect or impact
storm water drainage on or across the site.
Shown: ® Not Applicable: ❑
Incomplete:
26. Identify and show proposed method of erosion control if applicable
(may be accomplished in notes).
Shown: ® Not Applicable: ❑
Incomplete:
27. Minimal drainage requirements: 1.) Label and indicate any FEMA
100-year floodplain and floodway on the plan. Label and indicate
centerline of any stream, creek, swale, etc., 2.) Proposed top pf
drilling pad site elevation, 3.) Show location, size length and type
of existing and proposed driveway culverts. All culverts shall be
RCP or aluminized Type II pipe, and 4.)Provide drainage area map
and supporting calculation per drainage criteria manual for all
drainage areas contributing to the proposed driveway culverts and
flood plain crossings.
Shown: ® Not Applicable: ❑
Incomplete:
wells
28 Identify the location of proposed lease lines and well locations, including:
1.) Label the distance between wells and property lines, 2.) Label the
distance between wellheads and structures within 500' of wellheads, and
3.) Label the distance between temporary holding ponds and floodplains.
Shown: Iq
Incomplete:
Not Applicable: ❑
29 Diagram of the SUP gathering system center (pipeline to distribution
system, flow back system separator tankage, compressors [if needed],
etc.).
Shown:
Incomplete:
Not Applicable: ❑
30 Diagram indicating the proposed gathering system, including: 1.)
Location of easements with width dimensions, 2.) Details of the
production pipeline (line diameter, PSI rating, burial depth, signage,
etc.), and 3.) Details of flow back piping (line diameter, PSI rating, burial
depth, signage, etc.).
Shown: ❑ Not Applicable: ❑
Incomplete: TO BE PROVIDED WITH THE PIPELINE PERMIT APPLICATION
31 Proposed location and dimensions of reserve pits.
Shown:
Incomplete:
Not Applicable: ❑
32 Proposed placement of fracture equipment during original completion
process and subsequent re-fracs.
Shown: ❑ Not Applicable: ❑
Incomplete: INFORMATION NOT AVAILABLE PRIOR TO FRACTURING ACTIVITIES
33 Outline of proposed producing tract(s), indicating location of well
head(s) and bottomhole location(s).
Shown: ❑ Not Applicable: ❑
Incomplete: PRODUCING TRACTS AND BOTTOMHOLE LOCATIONS NOT PROVIDED WITH
APPLICATION/SHOULD BE AVAILABLE ON RAILROAD COMMISSION PERMIT
REVIEWED BY: GH
DATE: 27 OCT 04
ADDITIONAL TOWN REQUESTS REQUIREMENTS ON ITEMS 1 & 2 TO BE
COMMENTS: PROVIDED FOR PERMANENT FILE RECORDS
ITEM 6.) - INFORMATION IS AVAILABE ON COPIES
PROVIDED FOR ORIGINAL PAD 8/9H LOCATIONS
EASEMENTS FOR PIPELINES INDICATED ON THE SITE
PLAN HAS NOT BEED DEDICATED AS OF 27 OCT 04
/S-
BECK PROPERTIES TROPHY CLUB, L.P.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.C.1
Public Hearing: An application from Star of Texas Energy Services, Inc. for a
Specific Use Permit to allow gas well drilling on a 1.5 acre tract of land referred to
as "PAD 711", located approximately 800 feet south of Marshall Creek Road, and
approximately 500 feet west of the Town's east Town limit line.
LOCATION: Approximately 800 feet south of Marshall Creek Road, and approximately 500
feet west of the Town's east Town limit line
OWNER: Beck Properties of Trophy Club, L.P.
APPLICANT: Star of Texas Energy Services, Inc.
LAND PLANNER: N/A
NO. NOTICES SENT: N/A
RESPONSES: N/A
STAFF COMMENTS: Gas Well 7H is the 8th gas well SUP application from Star of Texas.
The location of this site is far removed from developed property. The application appears to be
in compliance with the Town's drilling ordinances.
The Planning & Zoning Commission unanimously recommended approval of this application at
their 21 October 2004 meeting.
(kcf)
ia
Town of T P—/? Club, Texas
AMENDED APPLICATION FOR COIL AND GAS WELL PEC IRTVEr-
DEVELOPMENT SITE PLAN REVIEW
AUG 2 7 ZOQ
NAME OF L
DATE: June 10, 2004 PROPOSED Trophy Club 7-H
DEVELOPMENT:
Application must be submitted with a total of 7 copies of the Site Plan. Drawings by engineering
firms are preferred. Legal Description of property must be provided on an 8'X! x 11" sheet — two
(2) typed copies on plain bond paper— no letterhead.
GENERAL INFORMATION:
Total 1.5 acres Current
acreage: Zoning'.
SURFACE OWNER(S).
NAME: Beck Properties Trophy PHONE #:
Club, LP
A ase pion p
ADDRESS: 100 TrODhv Club Drive. TrODhv Club. Tex
NAME: C I
1pvubvplofekl
ADDRESS: 100 Tror)hv Club Drive. Troph
Agricultural
817-430-8992
v Club. Texas 76262 1 n
SIGNATURE.
PROPERTY OWNER(S):
NAME B Oil Investments, Ltd. PHONE #: (214) 745-5400
p ase prrn
ADDRESS: 100 Trophy Club Drive, Trophy Club, Texas 76262
Owns a possibility of SIGNATURE:
reverter
NAME: Star of Texas Energy PHONE # (512) 677-6 05
Services, Inc.
ADDRESS: P.O. Box 4038 , Lago Vista, Texas 78645
Owns the minerals in fee SIGNATURE.
DEVELOPER
NAME: Star of Texas Energy PHONE #- (512) 267-6005
Services, Inc.
use pfin
ADDRESS. P.0, Box 4038, Lago Vista, Texas 7864�.-)
SIGNATIJRE:
EMGrR11fEER
NAME: C-P Engineening PHONE* (972) 644-2800
rpmase pn"I
ADDRESS: 1801 Gateway Blvd., Suite 101, Richardson, �
SIGNATURE:
. 4"A4��
SURVEYOR
NAME: McCullah Surveying, Inc. PHONE #: 12ZK 33.3-1064 -
ease prmp
ADDRESS: 16531 Addison Road, Addison, Texas 75001
SIGNATURE:
Description of all processes and activities involved with the proposed use:
This site will he used for the drilling for and producton of natural gas. There will be tanks on
the site as well as a separator as depicted on the Qlaat for the temuoraru storage of formation
water. Pipelines will run the gas and water from the tanks from the site in a pipeline system
to a central operations facility outside the city limits of the Town of Trophy Club. Access to the
Well remains necessary to remove water from the tanks if necessary and for msinte_nance and
Stimulation of the well.
Town of Trophy Club, Texas
Oil and Gas Well Development
Special Use Site Plan Checklist
PROJECT NAME:
CASE NO:
DATE:
REVIEWED BY:
GAS WELL 7H
SUP-04-010
17 SEPTEMBER 2004
GH
The Town of Trophy Club requires a Site Plan for review and approval of an Oil and Gas Well Special
Use permit. The following information must be submitted to the Planning & Zoning Commission in order
for a request to be processed.
This summary is provided for the benefit of the applicant. However, fulfilling the requirements of this
summary checklist does not relieve the applicant or his/her agent from the responsibility of the
regulations in the Comprehensive Zoning Ordinance, Subdivision Regulations and other development
related ordinances of the Town of Trophy Club.
❑ Provide typical well site schematics indicating layout during drilling, upon completion of drilling, and
during fracture or refracture treatment processes.
❑ Indicate location of all proposed underground pipelines. As built drawings shall be filed with the
Town. All proposed pipelines in pipeline easements shall require pipeline easement dedication.
❑ Identify if pipelines connect with gas distribution system, and if so, designate proposed location.
General Requirements
1. Drawn to scale: 1" = 50' or 1" = 100" (smaller or larger scales may
be accepted only if approved by the Planning & Zoning
Coordinator).
Shown: ® Not Applicable: ❑
Incomplete:
2. Drawn on a sheet size of 18"x24" or 24"x36" (smaller or larger
sheet sizes may be accepted only if approved by the Planning &
Zoning Coordinator). Legend of instruments required.
Shown: ® Not Applicable: ❑
Incomplete:
3. The date, written and graphic scale, north arrow, proposed name of
well site, and a key map indicating the location of the development
in relation to existing streets and highways.
Shown: ❑ Not Applicable: ❑
Incomplete:
4. Title Block containing: 1.) Proposed name of the subdivision or lot
on record, 2.) Acres in platted and/or un-platted land and total of
those acres, 3.) Survey and jurisdiction (i.e. Town of Trophy Club,
Denton County, Texas).
Shown: ® Not Applicable: ❑
Incomplete:
5. Date of the application, preparation and revision date(s).
Shown: ❑ Not Applicable: ❑
Incomplete:
6. Name and address of the property owner(s), planners and
registered engineer, surveyor.
Shown: ❑ Not Applicable: ❑
Incomplete:
7. Name and address of property owners of contiguous undeveloped
land.
Shown: ❑ Not Applicable: ❑
Incomplete:
8. Any Town lines traversing or on the boundary of the development.
Shown: ❑ Not Applicable: ❑
Incomplete: TOWN LIMIT/COE BOUNDARY NOT DESIGNATED (TOWN LIMIT LINE
SHOWN ON DRAINAGE PLAN BUT NOT HEAVY LINE)
Boundaries, Acreage, Zoning & Uses
9. Indicate the proposed site boundary lines shown in contiguous
dark lines, of sufficient width to be easily identified.
Shown: ❑ Not Applicable: ❑
Incomplete:
10. Total acreage within the proposed site, identification of each
existing and proposed type of land use, and the acreage of each
use.
Shown: ® Not Applicable: ❑
Incomplete:
11. All existing or proposed lots and blocks identified by letter or
number within the proposed site and the names and lot patterns of
contiguous developments, indicated by dotted or dashed lines.
Shown: ❑ Not Applicable: ❑
Incomplete:
12. Location and identification of all existing buildings, parking lots,
driveways and other significant structures within 500' of the SUP
boundaries.
Shown: ❑ Not Applicable: ❑
Incomplete:
13. Existing and proposed zoning of the proposed site and the zoning
of adjacent land.
Shown: Fq
Not Applicable: ❑
Incomplete:
14. Indicate area details: Corps properties, schools, location and size of
all greenbelts and open spaces and parks
Shown: ❑ Not Applicable: ❑
Incomplete: COE PROPERTY SHOWN ON SITE PLAN BUT NOT ON DRAINAGE MAP
15. Location, height and type of all walls, fences and/or screening.
Shown: ❑ Not Applicable: ❑
Incomplete: REGULATED BY TOWN ORDINANCE
16. Proposed and existing landscaping, and screening buffers.
Shown: ❑ Not Applicable: ❑
Incomplete: REGULATED BY TOWN ORDINANCE
Utilities
17. Identify and show the identification, location and size of all
existing public facilities, including water and sanitary sewer lines
and the associated easements that are located within or on the
boundaries of the proposed site.
Shown: ❑ Not Applicable: ❑
Incomplete:
18. Identify the location and size of all existing water and sanitary
sewer lines and the associated elements that are proposed to serve
the site, showing the location, size and distance of any existing
lines to which the connections are proposed.
Shown: ❑ Not Applicable:
Incomplete:
19. Detailed information on the means by which any alternative water
or sanitary sewer service is to be provided.
Shown: ❑ Not Applicable: ❑
Incomplete: REFER TO NO.S 4&10
20. The location and routing of all existing or proposed lines,
easements and facilities for providing electrical services for the
proposed site.
Shown: ❑ Not Applicable: ❑
Incomplete: REFER TO NO. 8
Streets, Sidewalks & Driveways
21. Identification, location and size of all existing streets and Right-of-
Ways located within the proposed site or adjacent developments.
Shown: ❑ Not Applicable:
Incomplete:
22. Indicate the location and dimension of all curb cuts, public and
private streets, parking & loading areas and outside storage
facilities.
Shown: ❑ Not Applicable:
Incomplete:
23. Location and width of any existing or proposed driveways that
access or are proposed to access any existing or proposed arterial
street located within or on the boundary of the proposed site.
Shown: ❑ Not Applicable: ❑
Incomplete:
Drainage
24. Topographical information based on 2-foot vertical contour
intervals except where excessively steep grade prohibits graphical
representation, in which case 5-foot vertical intervals may be used.
Shown: ® Not Applicable: ❑
Incomplete: 2' ON DRILL SITE; 10' ON DRAINAGE MAP
25. The identification, location and approximate dimensions of all
existing and proposed water courses, ponds, detention ponds,
ditches, channels, floodway and floodplain boundaries, storm
water improvements, drainage easements, or similar natural or
man-made drainage facilities or features located within or outside
the boundaries of the development that do or will affect or impact
storm water drainage on or across the site.
Shown: ❑ Not Applicable: ❑
Incomplete: MARSHALL CREEK ON DRAINAGE MAP
26. Identify and show proposed method of erosion control if applicable
(may be accomplished in notes).
Shown: ❑ Not Applicable: ❑
Incomplete: SILT FENCES
27. Minimal drainage requirements: 1.) Label and indicate any FEMA
100-year floodplain and floodway on the plan. Label and indicate
centerline of any stream, creek, swale, etc., 2.) Proposed top pf
drilling pad site elevation, 3.) Show location, size length and type
of existing and proposed driveway culverts. All culverts shall be
RCP or aluminized Type II pipe, and 4.)Provide drainage area map
and supporting calculation per drainage criteria manual for all
drainage areas contributing to the proposed driveway culverts and
flood plain crossings.
Shown: ® Not Applicable: ❑
Incomplete: 1.) ON DRAINAGE MAP; 2.) ON SITE PLAN; 3. & 4.) N/A
wells
28 Identify the location of proposed lease lines and well locations, including:
1.) Label the distance between wells and property lines, 2.) Label the
distance between wellheads and structures within 500' of wellheads, and
3.) Label the distance between temporary holding ponds and floodplains.
Shown: ❑ Not Applicable: ❑
Incomplete: 1.) SHOWN ON SITE PLAN; 2.) N/A; 3.) NOT SHOWN
29 Diagram of the SUP gathering system center (pipeline to distribution
system, flow back system separator tankage, compressors [if needed],
etc.).
Shown: ❑
Incomplete: SITE PLAN
Not Applicable: ❑
30 Diagram indicating the proposed gathering system, including: 1.)
Location of easements with width dimensions, 2.) Details of the
production pipeline (line diameter, PSI rating, burial depth, signage,
etc.), and 3.) Details of flow back piping (line diameter, PSI rating, burial
depth, signage, etc.).
Shown: ❑ Not Applicable: ❑
Incomplete: PIPELINE DETAILS PROVIDED ON 1H AND 4H APPLICATION; 20.) TO BE
PROVIDED PRIOR TO PRODUCTION.
31 Proposed location and dimensions of reserve pits.
Shown: ❑
Incomplete: DRAINAGE PLAN
Not Applicable: ❑
32 Proposed placement of fracture equipment during original completion
process and subsequent re-fracs.
Shown: ❑ Not Applicable: ❑
Incomplete: INFORMATION NOT AVAILABLE PRIOR TO FRACTURING ACTIVITIES
REVIEWED BY:
DATE:
GH
17 September 2004
ADDITIONAL Does the SUP site and well bore location comply with the
COMMENTS: COE's requirements? If so, provide documentation to the
Town
Discrepancies:
8.) Town limit lines should be indicated by heavy line
27.) 100 yr floodplain location? Note on Site Plan sa
area subiect to 100 vear inundation
28.) Lacks wellhead & reserve pit to floodplain
measurements
LE'll
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.C.2
Town Council to close Public Hearing and conduct a Joint Session with Planning &
Zoning Commission
EXPLANATION:
No new information has been submitted by Star of Texas.
RECOMMENDATION:
ACTION BY COUNCIL:
(kcf)
Attachments: 1.) Revised Site Plan 10/14/04
2.) Revised Drainage Plan 10/14/04
3.) Application
4.) Site Plan Review Checklist
5.) Notification Information
6.) Memo from Teague Nall & Perkins
7.) Floodplain Map
8.) Email — Rob Durbin to Chairman Hill
9.) Reconfigured 8/911 site exhibit (9/29/04)
r om El.v. sez .n90 .A4:BtidN:.11. ...m""°.,n..a ...,.. n„-°.
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MOPHY CLUB PAD #8/9H
1.5 ACRES SRE PLAN
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To of T%ahv Club Texas
AMENDED APPL TCATION ,FOR OIL AND GAS WELL : � F,T 7F 7
DEVELOPMENT ,SITE PLAN REVIEW .J IU L 2 3 2004
NAME OF BY:
DATE: June 10, 2004 PROPOSED Trophy Chub 8-1-119-H
DEVELOPMENT:
Application must be submitted with a total of 7 copies of the Site Plan. Drawings by engineering
firms are preferred. Legal Description of property must be provided on an 8'/:" x 11" sheet — Nvo
(2) typed copies on plain bond paper— no letterhead.
GENERAL INFORMATION.
Total 1.5 acres Current
acreage. Zoning:
SURFACE OWNER(S)=
NAME: Beck Properties Trophy PHONE #:
C ha b, LP
P ease pnn
ADDRESS: 1Q0Trolahv Club Drive, Troohv Club. Tax
Agricultural
817-430-8992
NAME: C Oil Investments, Ltd, PHONE#: 817-4U-N'92'
pease T—R—PTF—
ADDRESS- 100 Trophy Club Drive, Trophy Club, Texas 76262
SIGNATURE;
PROPERTY OWNER(S)
NAME: B OiI Investments, Ltd. PHONE # (214) 745-5400
p ease PnQ
ADDRESS: 100 Trophy Club Drive, Trophy Club, Texas 75262
Owns a possibility of SIGNATURE:
reverter uxj'_�Aj
NAME: Star of Texas Energy PHONE #: (5 ) 2 005
Services, Inc.
P eesePnhv
ADDRESS_ P.C. Box 4038 , Lago Vista, Texas 78645
Owns the minerals in fee SIGNATURE:
NAME_ Star of Texas Energy
Services, Inc_
p Bass pnn
ADDRESS: P.O. Box 4038, La
DEVELOPER
PHONE #: (512) 287-6005
Vista, Texas 78645
SIGNATURE:
ENGINEER
NAME: C-P Engineering PHONE #: (972) 644-2800
Fosse pnn
ADDRESS: 1801 Gateway Blvd,, Suite 101, Richardson,
SIGNATURE:
SURVEYOR
NAME: McCullah Surveying, Inc. PHONE #: 972 333-10164
p ease par - -- - —
ADDRESS: 16531 Addison Road, Addison, Texas 75001
SIGNATURE: A
Description of all processes and activities involved with the proposed use:
This site will be used for the drilling for and production of natural gas- There will be tanks on
the site as well as a separator as depicted on the plat for the temporary storage of formation
water. Pipelines will run the gas and water from the tanks from the site in a pipeline system
to a central operations facility outside the city limits or the Town of Trophy Chub. Access to the
Well remains necessary to remove water from the tanks if necessary and for maintenance and
Stimulation of the well. Trophy Club 8-H and 9-H will share a drill pad
.s_. Town of Trophy Club, Texas =1
Oil and Gas Well Development
Special Use Site Plan Checklist
PROJECT NAME: GAS WELL 8/91i
CASE NO: SUP-04-007
DATE: 25 JULY 2004
REVIEWED BY: GH & KCF
The Town of Trophy Club requires a Site Plan for review and approval of an oil and Gas Ghfeil special Use
permit. The fallowing information must be submitted to the Planning & Zoning Commission in -order for a request
to be processed.
This summary Is provided for the benefit of the applicant. However, fulfilling the requirements of this summary
checklist does not relieve the applicant or his/her agent from the responsibility of the regulations in the
Comprehensive Zoning Ordinance, 5ubdivlsion Regulations and other development related ordinances of the
Town of Trophy Club.
Provide typical well site schematics indicating layout during drilling, upon completion of drilling, and during
fracture or refracture treatment processes.
Indicate location of all proposed underground pipelines. As built drawings shall be filed with the Town. All
proposed pipelines in pipeline easements shall require pipeline easement dedication.
El Identify+ if pipelines connect with gas distribution system, and if so, designate proposed location.
General Reduirements
1. Drawn to scale: 1" = 50' or 1" = 100" (smaller or larger scales may be accepted
only if approved by the Planning & Zoning Coordinator).
Shown: Not Applicable: ❑
Incomplete:
2. Drawn on a sheet size of 18"x24" or 24"x36" (smaller or larger sheet sizes may
be accepted only if approved by the Planning & Zoning Coordinator). Legend of
instruments required.
Shown: Not Applicable: ❑
Incomplete:
3. The date, written and graphic scale, north arrow, proposed name of well site,
and a key map indicating the location of the development in relation to existing
streets and highways.
Shown: Not Applicable: ❑
Incomplete:
4. Title Block containing: 1.) Proposed name of the subdivision or lot on record, 2.)
Acres in platted and/or un-platted land and total of those acres, 3.) Survey and
jurisdiction (i.e. Town of Trophy Club, Denton County, Texas).
Shawn: Not Applicable: ❑
Incomplete:
5. Date of the application, preparation and revision date(s).
Shown: Not Applicable: ❑
Incomplete:
Oil & Gas Welt Development Special Use Site Flan Checklist
G. Name and address of the property owners), planners and registered engineer,
surveyor.
Shown: E Not Applicable: ❑
Incomplete:
7. Name and address of property owners of contiguous undeveloped land.
Shown: F1 Not Applicable: ❑
Incomplete:
8. Any Town lines traversing or on the boundary of the development.
Shown: ❑ Not Applicable:
Incomplete:
Boundaries, Acreage, Zoning & Use
9. Indicate the proposed site boundary lines shown in contiguous dark lines, of
sufficient width to he easily identified.
Shown: ® Not Applicable: ❑
Incomplete:
10. Total acreage within the proposed site, identification of each existing and
proposed type of land use, and the acreage of each use.
Shown: Z Not Applicable: ❑
Incomplete:
11. All existing or proposed lots and blocks identified by letter or number within the
proposed site and the names and [at patterns of contiguous developments,
indicated by dotted or dashed lines.
Shown: ❑ Not Applicable: 17
Incomplete:
12. Location and identification of all existing buildings, parking lots, driveways and
other significant structures within SOD' of the SUP boundaries.
Shown: ❑ Not Applicable:
Incomplete:
13. Existing and proposed zoning of the proposed site and the zoning of adjacent
land.
Shown: ® Not Applicable: ❑
Incomplete: ZONING INDICATED ON DRAINAGE PLAN
14. Indicate area details: Carps properties, schools, location and size of all
greenbelts and open spaces and parks
Shawn: Not Applicable:
Incomplete:
15. Location, height and type of all walls, fences and/or screening.
Shown: ❑ Not Applicable:
Incomplete: NOT APPLICABLE, BUT REGULATED BY TOWN ORDINANCE
16. Proposed and existing landscaping, and screening buffers.
Shown: ❑ Not Applicable:
Incomplete: NOT APPLICABLE, BUT REGULATED BY TOWN ORDINANCE
(ail & Gas Well Development Special Use Site Plan Checklist
Utilities
17. Identify and show the identification, location and size of all existing public
facilities, including water and sanitary sewer lines and the associated
easements that are located within or on the boundaries of the proposed site.
Shown: 1 Not Applicable: ❑
Incomplete:
18. Identify the location and size of all existing water and sanitary sewer lines and
the associated elements that are proposed to serve the site, showing the
location, size and distance of any existing lines to which the connections are
proposed.
Shown: ❑ Not Applicable. Z
Incomplete:
19. detailed information on the means by which any alternative water or sanitary
sewer service is to be provided.
Shown: N Not Applicable: ❑
Incomplete: NOTES 4 & 10 ON SITE MAP
20. The location and routing of all existing or proposed lines, easements and
facilities for providing electrical services for the proposed site.
Shown: Z Not Applicable: ❑
Incomplete: NOTE 8 ON SITE MAR
Streets, Sidewalks & Driveways
21. Identification, location and size of all existing streets and Right-of-ways located
within the proposed site or adjacent developments.
Shown: ® Not Applicable: ❑
Incomplete:
22. Indicate the location and dimension of all curb cuts, public and private streets,
parking & loading areas and outside storage facilities.
Shown: ❑ Not Applicable:
Incomplete:
23. Location and width of any existing or proposed driveways that access or are
proposed to access any existing or proposed arterial street located within or on
the boundary of the proposed site.
Shown: EJ Not Applicable: ❑
Incomplete:
Drainag
24. Topographical information based on 2-foot vertical contour intervals except
where excessively steep grade prohibits graphical representation, in which case
5-foot vertical intervals may be used.
Shown: 1Z Not Applicable: ❑
Incomplete:
Oil & Gas Well Development Special Use Site Plan Checklist
25. The identification, location and approximate dimensions of all existing and
proposed water courses, ponds, detention ponds, ditches, channels, floodway
and floodplain boundaries, storm water improvements, drainage easements, or
similar natural or man-made drainage facilities or features located within or
outside the boundaries of the development that do or will affect or impact storm
water drainage on or across the site.
Shown: ❑ Not Applicable: ❑
Incomplete: NEED DETAIL OF CREEK ADJACENT TO SITE - SHOW COURSE OF MARSHALL CREEK
FROM AREA OF QUORUM TO LAST OF PAD SITE
26. Identify and show proposed method of erosion control if applicable (many be
accomplished in notes).
Shown: 0 Not Applicable: ❑
Incomplete:
27. Minimal drainage requirements: 1.) Label and indicate any FEMA 100-year
floodplain and floodway on the plan. Label and indicate centerline of any
stream, creek, swale, etc., 2.) Proposed top pf drilling ,pad site elevation, 3.)
Show location, size length and type of existing and proposed driveway culverts.
All culverts shall be RCP or aluminized Type II pipe, and 4.)Rrovide drainage
area map and supporting calculation per drainage criteria manual for all
drainage areas contributing to the proposed driveway culverts and flood plain
crossings.
Shown: ❑ Not Applicable: ❑
Incomplete: 1) CREEK DETAIL FOR MARSHALL CREEK ADJACENT TO SITE
2) OK
3) NOT APPLICABLE
FIX OF NO. 25 WILL MEET THE NEED HERE
Wells
28. Identify the location of proposed lease lines and well locations, including: 1.)
Label the distance between wells and property lines, 2.) Label the distance
between wellheads and structures within 500' of wellheads, and 3.) Label the
distance between temporary holding ponds and fioodplains.
Shown: ❑ Not Applicable: ❑
Incomplete: 1&2) OK
3) NEED DETAIL OF RESERVE PIT LOCATION TO MARSHALL CREEK
29. Diagram of the SUP gathering system center (pipeline to distribution system,
flow back system separator tankage, compressors [if needed], etc,).
Shown: ® Not Applicable: ❑
Incomplete: NEED TO DETAIL RESERVE PIT SIZE AND ITS LOCATION RELATIVE TO THE CREEK
30. Diagram indicating the proposed gathering system, including: 1.) Location of
easements with width dimensions, 2.) details of the production pipeline (line
diameter, PSI rating, burial depth, signage, etc.), and 3.) details of flow back
piping (line diameter, PSI rating, burial depth, signage, etc.).
Shown: ❑ Not Applicable: ❑
Incomplete; 1) DETAIL NEEDED; 20) TO BE PROVIDED PRIOR TO PRODUCTION; NEED A DETAIL
OF EASEMENTS AND PIPELINE (PRIOR TO INSTALLATION OF PIPELINE) ASAP!
31. Proposed location and dimensions of reserve pits.
Oil & Gas Well Development Special Use Site Plan Checklist
Shown: ❑ Not Applicable: ❑
Incomplete: APPROXIMATE LOCATION SHOWN; SHOWN DIMENSIONS ON DIAGRAMS
32. Proposed placement of fracture equipment during original completion process
and subsequent re-fracs.
Shawn: ❑ Not Applicable: ❑
Incomplete: INFORMATION NOT AVAILABLE PRIOR TO FRACTURING ACTIVITIES
REVIEWED SY: CHAIRMAN HILL & KERIN C. FLECK
DATE: 2.6 JULY 2004
ADDITIONAL COMMENTS: PRIMARY ITEM OF ATTENTION:
DUE TO -HOUSING ON OAKMONT DRIVE AND QUORUM
CONDIMINIUMS BEING WITHIN 1,000' OF THE PAD SITE, A WAIVER
WILL BE REQUIRED FOR THIS SITE AND THE WELLS, APPLICANT
MUST PROVIDE DETAILED INFORMATION OF CONDITIONS THAT
WILL MITIGATE NOISE AND VISUAL IMPACT TO NEIGHBORS
Oil & Gas Well Development Special Use Site Plan Checklist
MH GAS WELL SUP REQUEST (TC 4 October 2004)
Country Club I
Quorum I
Lot 10 1 R 71950
Club Corp Golf Tex
Trophy Club Quorum Ltd
Richard & Anita Swetnam
3030 Lyndon l3 Johnson Fwy
2821 Townbluff Drive
5 Palmetto Court
Dallas, Texas 75234-7763
Plano, Texas 75075
Trophy Club, Texas 76262
Lot 11 R 71964
Lot 12 1 R 71957
Lot 13 1 R 71962
Lillie L Foust
Brian Denby
George Dernhart
3 Palmetto Court
1 Palmettos Court
206 Oakmont Drive
Trophy Club, Texas 76262
Trophv Club, Texas 76262
Trophy Club, Texas 76262
Lot 14 1 R 71981
Lot 15 1 R 71986
Lot 16 R 11989
Frank E Putt ICI
Richard Orred
Meryl Patton
208 Oakmont Chive
210 Oakmont Drive
212 Oakmont Drive
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Lot 17 1 R 71992
Lot 18 1 R 71998
Lot 19 1 R 72002
Kyle Duininck
James Weaver
Marcus & Virginia Caffee
214 Oakmont drive
216 Oakmont Drive
218 Oakmont Drive
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Lot 2.0 R 75751
Lot 21 1 R 72006
Lot 22 R 72032
222 Oakmont Drive
Trophy Club, Texas 76262
Ed Tweedie
Sean & ❑eAnn 2iba
Jonathan Russell
220 Oakmont Drive
3701 Grapevine Mills Pkwy
224 Oakmont Drive
Trophy Club, Texas 76262
Grapevine, TX 76051-1923
Trophy Club, Texas 76262
Lot 23 1 R 72038
Lot 24 1 R 72052
Lot 25 1 R 72056
Carole Nolte
William Newell
Gary Millington
226 Oakmont Drive
302 Oakmont Drive
304 Oakmont Drive
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Lot 26 1 R 72068
Lot 31 TR 7 0088
Lot 32 1 R 72090
Alejandro Sanchez
Cornelius Twomey
Kathleen Schaefer
306 Oakmont Drive
203 Oakmont Drive
205 Oakmont Drive
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Lot 33 IR 72093
Lot 34 1 R 72097
Lot 35 1 R 72102
Wesley <Obermeier
Juleeanna 5inkys
Richard Fleck
207 Oakmont Drive
209 Oakmont Drive
211 Oakmont Drive
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Lot 36 1 R 72107
Lot 37 1 R 72110
Lot 38 R 72118
Robert Walker
Randle Davis
Kristi L Wade
213 Oakmont Drive
215 Oakmont Drive
217 Oakmont Drive
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Trophy Club, Texas 76262
Lot 39 1 R 72121
Lot +40 1 R 72127
Lot 41 1 R 72131
Wesley Callaway
Joseph E Matthews
Michael Dunn
305 Oakmont Drive
307 Oakmont Drive
309 Oakmont Drive
Trophy Club, Texas 76262
Trophy Club„ Texas 76262
Trophy Club, Texas 76262
Town of Trophy Club Notice of a Town Council Public Hearing
Date of Hearing_. October 4, 2004ia
Time of Hearing: 7:00 PM
Location of bearing: Svore (M.U.D.) Building - Boardroom
100 Municipal Dr., Trophy Club, TX 76262
Purpose of Dearing:
Star of Texas Energy Services Inc. is
requesting a Specific Use Permit application
to allow gas well drilling.
Applicant:
Star of Texas Energy Services, Inc.
Location of Request: (Indicated by "X")
The site is referred to as "Pad 819H" located
approximately 600 feet north of Oakmant Drive and
approximately 1,220 Feet east of Trophy Club drive,
and 340 Feet east-northeast of the Quorum
Condominiums.
SITE LOCATION rj`l
PUBLIC HEARING
TO SURROUNDING LAND OWNERS:
Property owners within two hundred feet (200`) of the tract receive written notification of the request to rezone. All
interested property owners are encouraged to attend this hearing, Persons 'wishing their opinion to be part of the
record, but are unable to attend may send a written reply prior to the date of the hearing, to: Town of Trophy Club
Planning & Zoning Department, 100 Municipal Drive, Trophy Club, Texas 76262: Attn: Kevin C. Fleck.
PROCEDURE-
A maximum of three - (3) minutes will be allocated to the applicant and those favoring the issue of the public
hearing. The applicant may reserve any portion of the allotted three - (3) minutes for a rebuttal presentation
following the opposition. Time required for responses to questions from the town Council is excluded from the
three - (3) minutes.
A maximum of three - (3) minutes will also be allocated to those in opposition to the issue of the public hearing.
Time required to respond to questions by the Town Council is excluded from the three - (3) minutes.
The Town Council may approve the request, approve a more restrictive classification, or deny the request.
FOR FURTHER INFORMATION: Please contact Karin C. Fleck, Planning & Zoning Coordinator at 682.831.4681.
T GUE NALL AND PERMNS
J,r7
ENGINEERS ♦ SURVEYORS ♦ CONSULTANTS
Memorandum
To:
Kerin Fleck
From:
Tam Rutledge
cc:
Gary Teague, Scott Gibson
Date:
September 13, 2004
Re.
Trophy Club Pad 819H
The following review comments are offered for consideration by the Applicant and Engineer.
1. Plan notes on Site Plan state that pad is not in the flood plain according to Map No.
4812100520; the wrong map number is referenced. The Flood Insurance Rate
Map (FIRM) No. 488121C0515, March 30, 1098, indicates that the 100-year
water service elevation is approximately 582 (Zane AE). This places a portion of
the pad within the flood plain; no grading is permitted within the flood plain.
Provide a grading plan that either reflects how all grading and pad improvements
will remain outside the flood plain or the pad must be shifted.
2. Plan calls for a pad elevation of 587,00, The topographic information shows existing
contours fall from 592 to 576. Provide complete grading information that reflects
finished contours with top/toe of cut and fill slopes.
3. At the southeast corner of the pad site the total fill will be 11-feet. It appears the toe
of slope will daylight into the creek. Sheet 2 of 2 shows silt fence to be installed at
the southeast tamer. This falls within the creek and will not function properly.
4. Show limits and grading of Reserve Pit on 1 "=100' Site Plan.
5. Sheet 2 of 2 indicates Drainage Area "A" (7.8 acres) drains south toward the Reserve
Pit and Pad Site. Show how the drainage will be will work once grading is
complete.
6. Sheet 2 of 2 indicates Drainage Area "B" (25.7 acres) drains south across the
temporary road and into Marshall Creek. How will drainage cross the road once
base material is installed? Add silt fence along the south side of the temporary
road between the pad and Trophy Club Drive.
7. Show alignment and connection of temporary waterline_
116D Macon Street -Fort worth, Texas 76102. 917.336.5773 phone. 517.336.2811 fax
www_tnp•oMne.cw
5
Subj: RE: AUP for Pad 8Ht9H
Date: 9/2912004 1:01:49 AM Central Standard Time
From: durbinlawo_earthlink.net
To: FEWAHILL@aol.com
File: Rev.Pad-8-9.pdf (44908 bytes) DL Time (26400 bps): < 1 minute
Sent from the Internet Deta6ts
Gene:
We are looking at re orienting the location to address the floodplain issues addressed by Tom Rutledge. Basically, we would
turn the rectangular pad to a east west orientation from a north south orientation. 1 have attached a pdf file which shows what
we are considering. Also the attached file shows the grading information.
My question to you is - do we need to re -submit to P&Z the new pad orientation or can we just show the new plan to City
Council on Monday?
1 look forward to your response.
Rob
y
587
00 yr F/ o. o d El e v. '5-8-2
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.D.l
Discuss and take appropriate action regarding an Ordinance amending Ordinance
No. 2004-20, Section 14, entitled "Canvassing of Returns" changing the canvassing
time on November 15, 2004 from 7:00 p.m. to 5:30 p.m.
EXPLANATION: The original Ordinance set the canvassing time on November 15, 2004 to be
conducted at a regular meeting. On October 18th the regular meeting was moved to November
8�'.
RECOMMENDATION: Request approval.
ACTION BY COUNCIL: Adoption of Ordinance
(DC)
Attachments: 1. Ordinance
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2004-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2004-20 THE
SAME BEING AN ORDINANCE ORDERING AND CALLING A JOINT
ELECTION BETWEEN THE TOWN OF TROPHY CLUB, TEXAS
("TOWN") AND DENTON COUNTY ("COUNTY") WITH TOWN
CALLING A SPECIAL ELECTION TO SUBMIT TO THE RESIDENT
QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB A
PROPOSITION RELATING TO THE ADOPTION OF THE PROPOSED
HOME RULE CHARTER FOR THE TOWN, AND WITH THE COUNTY
CALLING A GENERAL ELECTION; PROVIDING FOR AN
AMENDMENT TO SECTION 14 ENTITLED "CANVASSING OF
RETURNS", BY CHANGING THE TIME TO CANVASS THE ELECTION
RETURNS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 9.001 of the Texas Local Government Code and Article
11, Section 5 of the Texas Constitution, the Town of Trophy Club, Texas (the "Town") is
authorized to adopt or amend a municipal charter; and
WHEREAS, on August 30, 2004 the Town Council passed Ordinance No. 2004-20, the
same being an Ordinance ordering and calling a Special Election to submit to the resident
qualified voters of the Town of Trophy Club a proposition relating to the adoption of the
proposed Home Rule Charter for the Town; and
WHEREAS, following the Special Election, the results of the election were to be
canvassed by the Town Council at its regular meeting on November 15, 2004 at 7:00 p.m., and
WHEREAS, subsequent to the passage of Ordinance No. 2004-20, the scheduled
November 15, 2004 Town Council meeting beginning at 7:00 p.m. was cancelled and it has
therefore become necessary to call a Special Council Meeting for the purposes of canvassing the
election and such meeting will be convened at 5:30 p.m. on November 15, 2004 in order to
provide a more convenient time for the Town Council to convene and canvass the returns of the
Election.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
SECTION 1.
AMENDMENT TO SECTION 14 "CANVASSING OF RETURNS"
Section 14 entitled "Canvassing of Returns" of Ordinance No. 2004-20 of the Town of
Trophy Club, Texas, is hereby amended to read as follows and all other articles, chapters,
sections, paragraphs, sentences, phrases and terms of Ordinance No. 2004-20 are not amended
but are hereby ratified and affirmed:
In accordance with the Texas Election Code, the Town of Trophy Club Council shall
convene on November 15, 2004 at 5:30 p.m. to canvass the returns of the Election.
SECTION 2.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of Ordinances of the Town of
Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 3.
SEVERABILITY CLAUSE
It is hereby declared to be the intent of the Town Council of the Town of Trophy Club
that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and
if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
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,
or sections of this Ordinance, since the same would have been enacted by the Town Council
without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or
section.
SECTION 4.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date in the minutes of the Town
Council and by filing this Ordinance in the Ordinance records of the Town.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and publication
in accordance with law.
AND IT IS SO ORDAINED
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this 8th day of November, 2004.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to an application from Star of Texas
Energy Services, Inc., for a Specific Use Permit to allow gas well drilling on a 1.5
acre tract of land referred to as "Pad 711" located approximately 800 feet south of
Marshall Creek Road, and approximately 500 feet west of the Town's east Town
limit line.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Information Memorandum
2. Resolution
2. Ordinance
INFORMATION MEMORANDUM
To:
From:
Date:
Subject:
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an Application from Star of Texas
Energy Services, Inc., for a Specific Use Permit to allow gas well drilling on a 1.5
acre tract of land referred to as "Alternate Pad 811" located approximately 400 feet
east of Trophy Club Drive and the intersection of Marshall Creek Road,
approximately 2,860 feet east of the Town's west town limit line and approximately
1,555 feet south of the north Town limit line.
An Application from Star of Texas Energy Services, Inc., for a Specific Use
Permit to allow gas well drilling on a 1.5 acre tract of land referred to as
"Alternate Pad 811" located approximately 400 feet east of Trophy Club
Drive and the intersection of Marshall Creek Road, approximately 2,860 feet
east of the Town's west town limit line and approximately 1,555 feet south of
the north Town limit line.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Information Memorandum
2. Resolution
2. Ordinance
INFORMATION MEMORANDUM
To:
From:
Date:
Subject:
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.D.4
Discuss and take appropriate action to direct staff regarding the proposal from
Nextel to construct a 90' flagpole and related structures on Town property located
at the northwest corner of Trophy Lake Drive and State Highway 114.
EXPLANATION:
Nextel has approached staff about the possibility of constructing a stealth antenna enclosed in a
90' flagpole. The proposed location is the northwest corner of Trophy Lake Drive and State
Highway 114.
The proposed property is owned and maintained by the Town; therefore, the Town as the
property owner has the authority to determine whether it desires to lease this property to Nextel.
Per the Town's antenna ordinance, the antenna facility is considered a "Level I - Stealth" and the
site is located in a "wireless corridor", which means the antenna is allowed by right. Therefore, a
building permit is all that is required prior to construction. (The Planning & Zoning Commission
and the Town Council will not review the antenna as a Conditional Use Permit.) Should the
Council be interested in this proposal, staff will work with Nextel and take the necessary steps to
execute the agreement.
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Proposal letter from Nextel
2. Picture of flagpole
2. Site layout
Doug Henderson, AICP
3602 Lake Champlain
Arlington, TX 76016
Phone:817-729.7006
dougger@airFnail.net
October 27, 2004
Mayor Scott Smith and
Members of the Town Council
Town of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
Re: Nextel Site Proposal, Trophy Lake at SH 114
Dear Mayor Smith and Members of the Town Council:
RECFFfVF-,
OCT 2 7 2004
BY:
Nextel Communications would like to propose a site lease agreement with The
Town of Trophy Club. The general features of the agreement are as follows:
1. Nextel would construct a 90 ft_ flag pole in the landscaped area on the
northwest corner of Trophy Lake and SH 114.
Attached are: (1) a copy of the original plat for the proposed
project site showing an oversized median and the originally
proposed split lames for Trophy Lake [give; (2) a general site
plan overlaid on an aerial showing platted property lines
compared to current development, and (3) a photo of the
style of flag pule to be constructed.
2. Nextel would install an antenna array inside a hidden compartment at
the top of the flag pole.
3. Nextel would lease a 25 ft. x 40 ft. tract of laird adjacent to the pole.
4. Nextel would install an unmanned 12 ft. x 20 ft. building which could be
covered in a veneer to match existing walls in the landscaped area.
5. Nextel would pay $500 per month with a 3% annual increase.
6. The initial lease term would be 5 years with 5 renewable 5 year terms.
7. Nextel would pay for all electrical and phone service to the lease site.
8. Nextel would provide $1,000,000 in liability insurance and enter into a
joint hold harmless agreement with the Town.
If this is acceptable in general, I will provide a more detailed standard lease form
for your management staff to review.
Sincerely,
Doug Henderson, AICP
Wireless Deployment Consultant
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.D.5
Discuss and take appropriate action to authorize the Director of Finance to execute
loan documents for the purchase of a police records management system.
EXPLANATION:
The Town has been approved for a loan not to exceed $40,000 for a term of three years at
prime rate minus .25% (current rate would be 4.5%). This loan is through First Financial
bank and will be taken down as needed with the total amount of draw down anticipated to
be approximately $35,000.
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Information Memorandum
2. Loan Summary
INFORMATION MEMORANDUM
To: Town Council
From: Roger Unger
Date: November 1, 2004
Subject: Loan Summary
The Town has been approved for a loan not to exceed $40,000 for a term of three years at prime
rate minus .25% (current rate would be 4.5%). This loan is through First Financial bank and will
be taken down as needed with the total amount of draw down anticipated to be approximately
$35,000.
LOAN REQUEST SUMMARY
Principal
Loafs date
. Ntaturtty
Loal I110
Call ]Cot[
Account
0#fiGe
lttfbd 8
$4{1,Op0.00
31-01-2.O.C4
11 t1 2008
:R15pGC�1D483
4Argztl.; ..
TOOO49D
J5S
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular laanor item.
Any item above containing - ' * " has been omitted due to text length limitations.
Borrower; Town Of Trophy Club Lender: First Financial Bank NA - Southlaka
100 Municipal Drive Trophy Club
Trophy Club, TX 76262 3205 E Hwy 114
P. 0. Box 92840
Soutlake , TX 76092.2840
PRINCIPAL + INTEREST LOAN
(Variable Rate)
Financed In Cash
AMOUNT REQUESTED; $40,000,00
PREPAID FINANCE CHARGES; 0.00
SECURITY INTEREST CHARGES:
Recording 5.00
NOTE AMOUNT:
540,000.00 $5.00
PAYMENT CALCULATION:
Interest Method:
3651360
Disbursement Date:
11-01.2004
First Prim Payment Date:
11-01.2005
First int Payment Date:
11-01.2005
Due Date:
11-01.2008
Prim Payment Period:
Annual
Int Payment Period:
Annual
Total Number of Prin Pmts:
4
Variable Interest Rate:
4,500
Credit Insurance:
None
Pdn Pmt Amount:
510,000.00
Final Payment:
$10,457,50
Payment Schedule. Borrower's payment schedule consists of 3 annual consecutive payments, beginning November 1, 2005,
with interest calculated on the unpaid principal balances at an interest rate based on the The 'Prime Rate' published in the
Money Rates section of the wall Street Journal icurrently 4.750%1, plus a margin of -0.250%, resulting in an initial interest
rate of 4.500%; 3 annual consecutive payments of $10,000.00 each, beginning November 1, 2005, with interest calculated
on the unpaid principal balances at an interest rate based on the The "Prime Rate' published in the Morey Rates sacdon of
the Wall Street Journal (currently 4.750%1, plus a margin of-0.250%, resulting in an initial interest rate of 4.500%; and one
payment of S110,457.50 on November 1, 2008, with interest calculated an the unpaid principal balances at an interest rate
based on the The "Prime Rate' published in the Money Rates section of the Wall Street Journal (currently 4.750%), plus a
margin of -0.250%, resulting in an initial interest rate of 4.500%. This estimated final payment is based on the assumption
that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for
all principal and accrued interest not yet paid, together with any other unpaid amounts under the Note.
APR
FINANCE CHARGE
AMOUNT FINANCED
TOTAL OF PAYMENTS
4.564%
I $4,563.75
$40,000.00
$44,563,75
COLLATERAL: UCC • Financing Statement Collateral.
TRANSACTION NUMBER: 8781
NOTICE: This Loan Request Summary is for informational purposes only and does not obligate Lender in any way to make this loan or any
other loan to Borrower. The fees and charges listed above are estimates only; and, if a loan is made, different or additional fees and
charges may be imposed.
IASF5 Fo•-eA,:,':u �Il.l]M: i:Y "rm�fen:d s:k.i,.�ec :!9!, :tta la ,,:r.,?aun�1_ .tt ,111 ': ». V), 11•!!
AMORTIZATION SCHEDULE
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loan. f�.e ....a##
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.............................................................Y................................
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........., .....................
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........................... .................
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.'.'::::[[.':.'.':.:.
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�'.:": '•'.'�'::.:'. ��'.
............................
References in the shaded area are for Lender's use only and do riot limit the applicability of this document to any particular loan or item.
Any item above containing " II" has been omitted due to text length limitations.
Borrower; Town Of Trophy Club Lender; First Financial Bank PEA • Southlake
100 Municipal Drive Trophy Club
Trophy Club, TX 76262 3205 E Hwy 114
P. Or Box 92840
Soutlake , TX 76092.2840
Disbursement Date; November 1, 2004 Repayment Schedule: Principal+Interest
Interest Rate: 4,500 Calculation Method: 365160 U.S. Rule
Payment Payment
Payment
Interest
Principal
Remaining
Number Date
Amount
Paid
Paid
Balance
1 11.01-2005
1,825,00
1,825,00
0.00
40A00,00
2 11-01.2005
10,000.00
0.00
10,000.00
20,000,00
2005 TOTALS:
11,825.00
1,825.00
10,000.00
3 11012006
1,36B.75
1,368.75
0.00 10,000,00
4 1I-GI.2006
10,000.00
0.00
10,000.00 20,000,00
2006 TOTALS:
11,368.75
1,368.75
10,000.00
5 11.01.2007
912.50
912.50
0.00 20,000a00
6 11.01.2007
10,000.00
0.00
10,000.00 10,00100
2007 TOTALS:
10,912.50
912.50
10,000.00
7 11.01.2009
10,457.50
457.50
10,000.00 0.00
TOTALS: 44,563.75 4,563.75 40,000r00
NOTICE: Phis is an estimated loan amortization schedule. Actual amounts may vary if payments are made on different dates or in different
amounts.
Lg$ uP; 5 �✓. IM Lp. W-rd fr.rno SJA;r;!r: S9IT, M. Y Pgh!r Rrrr.� -`E L'O.r' i'WM AiFC 'PVV PA 112
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.D.6
Consent Agenda: Discuss and take appropriate action regarding Interlocal
Agreement for participation in Fort Worth's Environmental Collection Center
Household Hazardous Waste Program
EXPLANATION:
The attached Interlocal Agreement between the City of Fort Worth and the Town of Trophy Club
for participation in the Fort Worth Environmental Collection Center's Household Hazardous
Waste Program is up for annual renewal.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(mm)
Attachments: 1. Interlocal Agreement
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home -rule municipal
corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "Fort Worth," acting herein
by and through Charles Boswell, its duly authorized Assistant City Manager, and Town of Trophy Club, a
municipality situated in Denton County, Texas, hereinafter called "Participating City," acting herein by and
through Scott Smith, its duly authorized Mayor.
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation
agreements between and among local governments; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with
another to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a
governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with
another local government to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort
Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a
household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases,
as used in this Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation of the
forces of nature, uncontrolled or uninfluenced by the power of humans and without human
intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (ECC) means the City of Fort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas, which is to
be used by Fort Worth for the aggregation of household hazardous wastes that have been
brought to the facility by participating cities' households for subsequent recycling, disposal, and/or
reuse.
Environmental Damages means all claims, judgments, damages, losses, penalties, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and
defense of any claim, whether or not such claim is ultimately defeated, and of any good faith
settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or
unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees
and disbursements and consultant's fees, any of which are incurred subsequent to the execution
of this Agreement as a result of the handling, collection, transportation, storage, disposal,
treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a
violation of environmental requirements pertaining to same, and including without limitation:
(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and
all other costs incurred in connection with the investigation or remediation of such wastes or
violation of environmental requirements including, but not limited to, the preparation of any
feasibility studies or reports or the performance of any cleanup, remediation, removal,
response, abatement, containment, closure, restoration or monitoring work required by any
federal, state or local governmental agency or political subdivision, or otherwise expended in
connection with the existence of such wastes or violations of environmental requirements,
and including without limitation any attorney's fees, costs and expenses incurred in enforcing
this Agreement or collecting any sums due hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or agency for costs
expended in connection with the items referenced in subparagraph (b) herein.
Environmental requirements means all applicable present and future statutes, regulations, rules,
ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions,
franchises, and similar items, of all governmental agencies, departments, commissions, boards,
bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all
applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the
protection of human health or the environment, including without limitation:
(a) All requirements, including but not limited to those pertaining to reporting, licensing,
permitting, investigation, and remediation of emissions, discharges, releases, or threatened
releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances,
materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water,
groundwater, stormwater, or land, or relating to the manufacture, processing, distribution,
use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or
hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in
nature; and
(b) All requirements pertaining to the protection of the health and safety of employees or the
public.
Force majeure means decrees of or restraints by a governmental instrumentality, acts of God,
work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform
pursuant to their agreements with Fort Worth for the conduct of the collection of household
hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and sabotage.
Household hazardous waste (HHW) means any solid waste generated in a household by a
consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be
classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) furnished by the TCEQ to
accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for waste
transported to a site in Texas, or the comparable manifest of the receiving state if the waste is
transported out of Texas.
Mobile collection event means a household hazardous waste collection event by Participating
City utilizing a mobile collection unit.
Fort Worth Mobile collection unit (MCU) means a non -self-propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, off -site of the ECC, which is
transported to the ECC to dispose of the household hazardous waste collected at the mobile
collection event. The Fort Worth Mobile Collection Unit is designed to hold the hazardous waste
of approximately 50 to 75 households.
Participating Cities, when used in the plural, means Fort Worth, Participating City, and all other
entities which have entered into interlocal agreements with Fort Worth for the ECC household
hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental subdivision
or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety
Code §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as
used in this Agreement, shall have the meanings hereinafter
designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Department of Transportation.
ECC - Environmental Collection Center.
EPA - United States Environmental Protection Agency.
HAZCAT - hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response.
HM - hazardous materials.
HHW - household hazardous waste.
MCU - Mobile Collection Unit.
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort
Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will
administer and supervise a regional household hazardous waste collection program, which will be
available to households within Participating City.
3.
TERM
This Agreement shall be effective from the date the last party has signed this agreement through
September 30, 2005.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City in connection with the ECC
household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program. This
program will include the operation of the Environmental Collection Center, which will accept for
disposal and/or recycling household hazardous waste from households located within
Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive
materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious
materials; wastes from businesses; and any other wastes that Fort Worth has determined are
unacceptable.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort
Worth's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste, which is collected at the ECC.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies
of waste manifests for shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly
report of the Participating City's households who disposed of household hazardous waste at the
Environmental Collection Center or a Mobile Collection Event.
Fort Worth will issue a report and a bill at the end of each quarter detailing the number of
Participating City's households that disposed of household hazardous waste at the Environmental
Collection Center or at a mobile collection event in an amount not to exceed EIGHT THOUSAND
DOLLARS AND NO/100 DOLLARS ($8,000.00).
G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws.
H. Non -Fort Worth Mobile Collection Unit
1. Fort Worth agrees to accept household hazardous waste from Participating City's MCU in
accordance with Section 5, of this Agreement.
Fort Worth agrees to restock the items it removes from Participating City's MCU,
however, Fort Worth shall only restock items listed in Exhibit "A", attached and
incorporated herein as if set forth.
Mobile Collection Events —Using Fort Worth's Unit
If Participating City would like to schedule a mobile collection event with the Fort Worth
Mobile Collection Unit, Fort Worth will send Participating City a list of available dates.
Participating City will contact Fort Worth as soon as possible to schedule the date, time
and location agreeable to both parties.
(a) Location
If Participating City chooses to hold the Mobile Collection Event on private
property, Participating City shall obtain a signed waiver from the owner of the
property one (1) week prior to the event. The waiver shall be in the form of
Exhibit B or similar form approved by Fort Worth. The signed waiver must be
sent to Fort Worth one (1) week before the Mobile Collection Event. If the signed
0
waiver is not sent to Fort Worth one (1) week before the Mobile Collection Event,
Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and
Participating City will, in no event, be entitled to any damages of recovery of any
costs, except as provided herein.
(b) Available Dates
Participating City acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will be accommodating each Participating
City's request on a first -come, first -served basis. Therefore, Participating City
acknowledges that its chosen date to schedule a mobile collection event may be
reserved by another City and Participating City will have to then choose another
date. Participating City will, in no event, be entitled to any damages or recovery
of any costs, except as provided herein.
At the Mobile Collection Event, Participating City acknowledges and agrees that Fort
Worth shall accept household hazardous waste from the first 50 households that show
proof of residency at the Mobile Collection Event. After the first 50 households, Fort
Worth will determine in its sole discretion how much more waste it can accept and store
properly. If more households arrive at the event than Fort Worth can accept, Participating
City will in no event be entitled to any damage of recovery of any costs, except as
provided herein.
Due to the lack of storage space at the ECC, Participating City acknowledges and agrees
that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a
Participating City's Non -Fort Worth Mobile Collection Unit shall not also be at the event.
4. City, in its sole discretion, will determine whether to send the Fort Worth Mobile
Collection Unit to Participating City's Collection Event during adverse weather or the
threat of adverse weather including but not limited to sleet, snow, rain, mist or hail. In the
event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort
Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort Worth
employee to the Participating City's event to tell any residents that come to dispose of
household hazardous waste; 1) that the Fort Worth Mobile Collection Unit will not be
coming to the event, and, 2) that the resident can go to the ECC to dispose of the waste
and provide a map to the ECC.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household hazardous
waste collection program:
A. Participating City will designate one of its employees, and another as an alternate, to act as its
household hazardous waste collection coordinator to interact with Fort Worth.
Designated person is: Roger Unger; telephone number: 682.831-4613. Pager number or 24-hour
number where he or she can be reached: 817-538-2903.
Alternate person is: Randy Briggs; telephone number: 682-831-4655.
Pager number or 24-hour number where he or she can be reached: 817-538-2901.
B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it
deems necessary. Such advertising shall include the type of wastes that will be accepted at the
ECC, the requirement of proof of residency and weather cancellation information.
C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as
provided in Section 9 "The Environmental Collection Center Hours of Operation."
D. Participating City may choose to utilize a voucher system for its residents in order for them to
bring HHW to the ECC. If Participating City chooses to use such a system, it shall notify Fort
Worth of the decision, and shall provide Fort Worth with a copy of the official voucher. In addition,
if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile
collection event without a voucher, Participating City acknowledges and agrees that Fort Worth
will not accept the household hazardous waste until Participating City authorizes the acceptance
in writing.
E. Participating City may submit a written request for a monthly report listing the number of its city's
households that have disposed of household hazardous waste at the ECC or a mobile collection
event.
Participating City shall provide traffic control and signage for the mobile collection events, and
shall provide personnel to assist Fort Worth with the survey and screening of persons dropping
off household hazardous waste. The parties prior to the event shall agree upon the details of the
traffic control, signage, and personnel assistance.
G. Participating City's Mobile Collection Units Collecting Household Hazardous Waste
Participating City shall advise the ECC program manager at least 72 hours in advance of
its mobile collection events. Participating City shall collect only HHW during a mobile
collection event. Wastes from commercial, agricultural, and industrial sources shall not be
accepted. Participating City shall not accept compressed flammable gas containers;
radioactive materials; explosives or potentially shock sensitive materials; biological,
etiologic, and infectious materials; and any other wastes that Fort Worth has determined
are unacceptable.
In accordance with the latest DOT requirements, Participating City's MCU operators will
properly categorize, package, mark, label, and load into the MCU, all wastes received at
the mobile collection event. Recyclable products (used oil, used oil filters, latex paint,
recyclable anti -freeze, lead -acid batteries, and fluorescent lights) will be segregated into
containers for recyclables.
After accepting wastes, Participating City's MCU operators shall thoroughly check each
container for proper labeling and identification. If a container is properly identified, the
material will be segregated according to hazard class and prepared for packaging. If a
container does not have adequate labeling to permit identification, the MCU operators
shall then attempt to identify the material from its physical characteristics using HAZCAT
analysis and from information provided by the household presenting the waste.
4. The Participating City's MCU operators shall package all hazardous materials in
accordance with United States Department of Transportation (DOT) requirements, United
States Environmental Protection Agency (EPA) requirements, and all other applicable
federal and state requirements. After all the wastes have been properly identified and
segregated, the MCU operators will reexamine the wastes for compatibility, list them on
the container content sheets, and pack them into drums. Oil -based paints and latex
paints shall be bulked separately in 55-gallon drums, or if the paint is left in its container,
the paint can be packed in a lined cubic yard box, and packed and labeled according to
federal and state regulations. Participating City shall not transport waste that is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispose of any
non-HHW waste collected at the event.
Prior to transporting the HHW from the collection event site(s), Participating City's MCU
operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of
the truck hauling the MCU during transportation of the HHW to the ECC. Participating
City shall require that a minimum of one copy of the latest North American Emergency
Response Guidebook be kept within the cab of the truck.
During transportation, Participating City's MCU operators shall placard the MCU for
transportation of hazardous waste in accordance with federal and state law.
Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow
the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort
Worth shall take possession of the MCU from Participating City after the MCU has been
properly parked for unloading in accordance with Fort Worth's instructions and all
required documents have been delivered to the ECC program manager or his designee
at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from
the non -Fort Worth MCU and store the HHW at the ECC.
If Fort Worth, in its sole discretion, determines that Participating City's MCU operators
improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage
such waste, and Participating City shall reimburse Fort Worth as set forth in Section 10.,
Paragraph B.
If a spill occurs at the ECC while the MCU is still in Participating City's possession, Fort
Worth shall take control of the spill response and Participating City will reimburse Fort
Worth for its response costs as set forth in Section 10., Paragraph C.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling,
collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household
hazardous waste, which is collected at the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the
waste collected, (excluding used oil, lead -acid batteries and antifreeze) to choose a disposal site
for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities
against any and all environmental damages and the violation of any and all environmental
requirements resulting from the handling, collection, transportation, storage, disposal, treatment,
recovery, and/or recycling of waste collected pursuant to this agreement, when said
environmental damages or the violation of said environmental requirements was the result of any
act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or
omission of contractor, its officers, agents, employees, or subcontractors and any other person or
entity.
B. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM(S) WILL BE REQUIRED TO
ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE PARTICIPATING
CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth
will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it
deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time -to -time Fort Worth will make available to residents and businesses of Fort Worth, as
well as, Participating City and residents and businesses of Participating City for their use,
collected household hazardous waste materials that are suitable for reuse, such as paint,
fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked
up for reuse.
B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth
prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered,
and pH balanced, and new antifreeze may have been added to the barrel.
C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO
REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
the container contents are what the label indicates;
the container contents are those originally placed into the container by the
manufacturer;
the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
the instructions on the container label for use, storage, and first aid are current or correct;
the container is in unimpaired condition;
the product is still approved for use (i.e., it has not been banned or recalled); and
the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY
DENIED.
D. Participating City shall contact the ECC program manager to arrange a pickup time to obtain
materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any
materials it obtains from Fort Worth under this paragraph.
E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY
DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND
RELEASES, AND HOLDS HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS
OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR
PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS,
DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY
REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR
LOSS OF USE OF ANY PROPERTY, OCCASIONED BY THE TRANSPORTATION,
STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY
MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT
WORTH.
F. In regards to materials accepted by residents or businesses of Participating Cities, FORT
WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or correct;
6. the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled); and
8. the product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY
DENIED.
G. Participating City shall attempt to inform its residents and businesses that if they go to the
Environmental Collection Center to pick up household hazardous waste for reuse, a release of
liability must be signed to accept the household hazardous waste for reuse.
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from
Participating City's resident and to eject such individual from the premises of the ECC, if in the reasonable
judgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this Agreement, or that have
been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a resident of
Participating City;
D. Participating City has implemented a voucher system for its residents to dispose of waste, and
the individual does not have a valid voucher; or
E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECC's hours of operation are as follows:
Thursday and Friday from 11 :00 a.m. to 7:00 p.m.
Saturday from 9:00 a.m. to 3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the Agreement, the ECC will be closed on the following days:
Thanksgiving Holiday, November 25-26 2004
Christmas Holiday, December 24-25, 2004
New Year's Eve, December 31, 2004
New Year's Day, January 1, 2005
M.L.K. Day January 17, 2005
Memorial Day, May 30, 2005
Independence Day, July 4, 2005
Labor Day, September 5, 2005
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed.
Participating City may advertise the 24-hour Environmental Collection Center telephone number to give
its residents the Environmental Collection Center's hours. The number is: (817) 871-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the sum of $40.00 per household per visit to the ECC
or per household for participation in a Mobile Collection Event to dispose of household hazardous
waste.
B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the
HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall
reimburse Fort Worth for it staff time at $20.00 an hour and the cost of supplies.
C. If a spill occurs at the ECC while the non -Fort Worth MCU is still in Participating City's
possession, Fort Worth shall take control of the spill response and Participating City will
reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cost of supplies.
D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C,
shall be billed to Participating City quarterly in an amount not to exceed EIGHT THOUSAND AND
NO/100 DOLLARS ($8,000.00) ANNUALLY. Participating City shall pay Fort Worth within 30
days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days,
Fort Worth shall inform Participating City in writing that it will not accept any household hazardous
waste from Participating City's residents and that Fort Worth will not participate in a mobile
collection event or provide a mobile collection unit until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number of Participating City's households, which
participated in the program, repackaging fees, if any, and the total cost of spill response charged
to Participating City, if any.
Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort
Worth under Subparagraph D. above shall be paid from revenues currently available to
Participating City in the present fiscal year.
11.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE
AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddies ('Bloomer," "Otto," "Pestie, "Scrub," and
"Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to
Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State.
A. Fort Worth hereby grants to Participating City a non -transferable, non-exclusive license to use all
the artwork and promotional materials that may be provided by Fort Worth to be used solely in the
conduct of the business of Participating City's disposal and recycling of household hazardous
waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials
in other limited situations, Participating City must first obtain express written consent from Fort
Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant
to the terms of this Agreement. Participating City acknowledges that by virtue of this License,
Participating City acquires only the right to use the original and permitted duplicate copies of the
Licensed Artwork and Promotional Materials and does not acquire any rights of ownership in the
Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort
Worth. If Participating City wants to modify or change the artwork and/or promotional materials in
any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written
consent before modifying or changing any artwork and/or promotional materials.
C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall
use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by
Fort Worth. Participating City shall be solely responsible for compensating actor for the services
provided to Participating City. Participating City will contact Fort Worth as soon as possible with
the date and time of the event agreeable to both parties to obtain approval for the chosen actor
and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the
"Captain Crud" costume. However, Participating City agrees to be liable to Fort Worth for any
damage to the costume or if Participating City fails to return the entire costume to Fort Worth or if
the costume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the participating
cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions, and that the
services described in this Agreement are a governmental function.
13.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the
extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure
was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not
have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform
caused by a force majeure event.
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without cause,
upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from
all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS
FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) "REUSE OF COLLECTED MATERIALS"
(Paragraph 7) and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL
MATERIALS LICENSE AGREEMENT (Paragraph 11).
15.
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Brian Boerner, CHMM, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating City:
Donna Welsh, Town Manager
Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262
Facsimile: 817.491.9312
16.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or
written commitments shall have any force or effect if not contained herein, except that this Agreement can
be amended or modified by the parties if such amendment or modification is in writing and signed by
Participating City and Fort Worth.
17.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been contained herein.
18.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this
Agreement; venue for said action shall be in Tarrant County, Texas.
19.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to
Texas Government Code, Chapter 791.
20.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials and have
the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby
certifies to the other that any necessary resolutions extending such authority have been duly passed and
are now in full force and effect.
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH
By:
Charles Boswell
Assistant City Manager
Date:
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST:
Martha Hendrix
City Secretary
Contract authorization
Date
TOWN OF TROPHY CLUB
By:
Scott Smith
Mayor
Date:
APPROVED AS TO FORM:
Town Attorney
ATTEST:
Diane Cockrell
Town Secretary
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material
Amount restocked
Special Needs
Remarks
55-gallon open top
Amount taken off the
drums (open top for
trailer
loose packs
55-gallon drums
Amount taken off the
(closed top) (Oil,
trailer
antifreeze, bulk
flammable materials
and one extra
Fiber drums (55- or 30-
Amount taken off the
gallon) Aerosols, acids,
trailer
bases and oxidizers)
Gaylord box liners
Amount taken off the
(plastic)
trailer
55-gallon drum liners
Amount taken off the
trailer
5-gallon buckets
Amount taken off the
filters/haz chemicals
trailer
Survey Forms
Amount taken off the
trailer
Labels/drum placard
Amount taken off the
trailer
Gaylord boxes
Amount taken off the
trailer
Absorbent pads
Amount taken off the
trailer
Vermiculite
Amount taken off the
trailer
Oil dry
Amount taken off the
trailer
Promotional Materials &
Amount taken off the
Brochures
trailer
Exhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at
have been asked by the Town of Trophy Club to allow a mobile collection event on my property to collect
household hazardous waste on the .200 .
In consideration of , I hereby give my permission to the Town of Trophy
Club to hold a household hazardous waste collection event on my property in which the Town of Trophy
Club has asked the City of Fort Worth to send its mobile collection unit to collect the household
hazardous waste that is brought to the event.
Therefore, in consideration of I I hereby RELEASE,
DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and
employees and the Town of Trophy Club and its officers, agents, and/or employees for any and all claims,
demands, liability, causes of action, actions or suits of any character that I may have against the City of
Fort Worth or its officers, agents, and/or employees and the Town of Trophy Club or its officers, agents,
and/or employees for any property loss or damage, for any and all personal injury including death or any
other damage of any kind or character which may arises or that arises from allowing the Town of Trophy
Club to hold a household hazardous waste collection event, in which the City of Fort Worth sends its
mobile collection unit on my property.
I have read this Waiver and Release and fully understand its terms and conditions. I have not been
influenced in any extent whatsoever by any representation or statements not contained in this Agreement.
I hereby acknowledge that this Waiver and Release is given in consideration of
Signature Date
Witness
Witness
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.D.7
Consent Agenda: Discuss and take appropriate action to approve Minutes dated
October 18, 2004.
RECOMMENDATION: Request approval
(Initials)
Attachments: 1. Minutes dated October 18, 2004
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR
THE
TOWN OF TROPHY CLUB
LOCATION. 100 MUNICIPAL DRIVE, TROPHY CLUB,
TEXAS
Monday, October 18, 2004
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday,
October 18, 2004. The meeting was held within the boundaries of the Town and was open to
the public.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Scott Spence
Susan Edstrom
Pam Cates
Roger Williams
Beverly Foley
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Roger Unger
Beth Ann Gregory
Kerin C. Fleck
Patricia Adams
Gene Hill
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
Council Member
Town Manager
Finance Director
I/S Manager
Planning & Zoning Coordinator
Town Attorney
Planning & Zoning Chairman
A.I Call to order and announce a quorum.
Mayor Smith called the Regular Session to order at 6:03 p.m. noting a quorum was present.
A.2 Invocation.
Randy Briggs gave the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Kerin C. Fleck led the pledges.
B.1 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 is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
There were no requests to speak.
B.2 Council/staff reports: this is an opportunity for Council and staff to provide brief updates
on projects and to provide public service announcements. It is not a time for the
expression of opinions, questions and answers, or discussion among staff and Council.
Discussion is limited to whether Council desires to have a topic placed on a future agenda
for future consideration.
Council and Staff reports were given.
Council convened into Executive Session at 6:10 pm.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
E.1 Executive Session: Pursuant to Texas Government Code, annotated, subchapter 551,
section 551.071 (b) "Consultation with Attorney", the Council will enter into executive
session to discuss the following:
Consultation with attorney on a matter in which the duty of the attorney to the
governmental body under the Texas disciplinary rules of professional conduct of the State
Bar of Texas clearly conflicts with the Open Meetings Act (§551.071 [b]):
Legal advice relative to the application and waiver for Gas Well SUP 8/9
Town Council convened into Public Hearing at 6:27
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing: An application from Star of Texas Energy Services, Inc., for a Specific
Use Permit to allow gas well drilling on a 1.5 acre tract of land referred to as "PAD 1 OH",
located approximately 200 feet east of the Trophy Club Municipal Utility District
Wastewater Treatment Plan and approximately 2,400 feet west of the western most
portion of Skyline Drive located in the Eagle's Ridge subdivision.
There were no requests to speak from the public.
C.2 Public Hearing: A request for waiver to the requirements set forth in Town Ordinance
No. 2004-11 P&Z, section "C" entitled "Oil and Gas Well Drilling and Production'by
Specific Use Permit (SUP)"', subsection (1), pertaining specifically to the requirement for
a one -thousand foot (1,000') setback for the location of a gas well production site
described as "PAD 1011".
There were no requests to speak from the public.
Rob Durbin addressed the Council. The location is not within 1000 feet of a residential structure
but it is close to the Waste Water Treatment Plant, therefore it requires a waiver. It is in the only
location possible.
Kerin Fleck explained that this waiver request accompanies the SUP application for well site
10H. A waiver is required due to the location of the pad site being approximately 200' east of
the Wastewater Treatment Plant. The Municipal Utility District has been notified of the request
and the District has no objection to the location of the pad site.
The Planning & Zoning Commission unanimously approved the request for waiver at their
September 23, 2004 meeting.
The Public Hearing closed at 6:33 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an application from Star of Texas Energy
Services, Inc. for a Specific Use Permit to allow gas well drilling on a 1.5 acre tract of
land referred to as "PAD 1 OH", located approximately 200 feet east of the Trophy Club
Municipal Utility District Wastewater Treatment Plant and approximately 2,400 feet west
of the western most portion of Skyline Drive located in the Eagle's Ridge subdivision.
D.2 Discuss and take appropriate action regarding a request for waiver to the requirements set
forth in Town Ordinance No. 2004-11 P&Z, section "C" entitled "Oil and Gas Well
Drilling and Production 'by Specific Use Permit (SUP)"', subsection (1), pertaining
specifically to the requirement for a one -thousand foot (1,000') setback for the location of
a gas well production site described as "PAD 1 OH".
Council Member Williams moved to approve agenda items D.1 and D.2. Mayor Pro Tern Spence
seconded; motion carried unanimously.
D.3 Continue discussion and take appropriate action regarding an application from Star of
Texas Energy Services, Inc. for a Specific Use Permit to allow gas well drilling on a 1.5
acre tract of land referred to as "PAD 8/91-l", located approximately 600 feet north of
Oakmont Drive and approximately 1,220 feet east of Trophy Club Drive, and 380 feet
east northeast of the Quorum Condominiums.
DA Continue discussion and take appropriate action regarding a request for waiver to the
requirements set forth in Town Ordinance No. 2004-11 P&Z, section "C" entitled "Oil
and Gas Well Drilling and Production'by Specific Use Permit (SUP)"', subsection (1),
pertaining specifically to the requirement for a one -thousand foot (1,000') setback for the
location of a gas well production site described as "Pad 8/9H".
Frank Kalb of 20 Hideaway Court addressed the Council.
Ray LeDesma addressed the Council and presented details for hardship.
Council Member Williams moved to reject D.3 pad site 8/9H and DA waiver for setback location
of the gas well. Council Member Edstrom seconded; motion carried unanimously.
Mike McCravy addressed the Council explaining that the noise level is below the required 70dbi
and nothing will get in the water the rigs are diesel electric.
D.5 Consent agenda: Discuss and take appropriate action to approve financials dated
September 2004.
D.6 Consent agenda: Town Council to discuss and take appropriate actions regarding an
Interlocal Agreement with Denton County regarding Fire Protection Services.
D.7 Consent agenda: Town Council to discuss and take appropriate action regarding
Interlocal Agreement with Denton County for Ambulance Service
Council Member Williams moved to approve agenda items: D.5, DA and D.7. Mayor Pro Tem
Spence seconded; motion carried unanimously.
D.8 Consent agenda: Discuss and take appropriate action to approve Minutes dated October
4, 2004.
Council Member Edstrom requested the removal of the Minutes dated October 4, 2004 for
discussion.
Council Member Williams moved to approve. Mayor Pro Tem Spence seconded; motion carried
5-0-1 with Council Member Edstrom abstaining.
D.9 Additional information provided to the Council.
No discussion.
F.2 Adjourn.
Council Member Foley moved to adjourn at 7:03 p.m. Council Member Williams seconded;
motion carried unanimously.
Mayor, Town of Trophy Club
ATTEST:
Town Secretary, Town of Trophy Club
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.D.8
Additional information provided to the Council.
EXPLANATION:
This section replaces the previous for your information portion of the packet.
(DC)
Attachments: 1. Charter Statistics for September 2004.
ro P�l Ll
A WIRID WOORLD COMPA4V
System Statistics for Trophy. Club
I -September 2004
Homes Passed
3,003
Customers
1,330
Pergiration.
443%
Installations
32
Disconnects
39
NeL Ci iinfl-oss
-6
T-h-i-I P6d6rinmce
Technical Service Calls
58
Technical Service Call Rate
4.4%
Service huerTuption Response <24 hrs.
I 'DO-O%
Service Cali Availability for Next Business Dzy
98-7%
Installation Schedules Odays.
1013.0%
TeIvEhGne Performance
Calls Received
159,708
Calls Answered <30 Sewnds
152.726
Percentage Answered <30 Scounds (Adju,,,Wd)
96%
Reason for Adjustment:
*See attached Call Center Performance Report
Calls to the City Referred to Charter Communications
0
On Time Perforinanec
scrvicc Calls
9533%
Installations
93-17%
Note (1): Chanps; in Customer Count irkeludL all installation and disconnectiransaefions, Field and officc.
Notc (2): Only thane transactions involviinriFtstallations andVor disconnects pLrfornied by field icchnician
arc recorded
above
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-8-2004
Subject: Agenda Item No.F.I
Adjourn.
(dc)