Burleson City Council Meeting (TPD0901041)

Call to Order

WORK SESSION – 6:00 p.m.

1. Presentation of Gas Well Inspections and Discussion of Ordinance Revisions.

1. Discussion of items listed on tonight’s city council agenda.

1. 3.      Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071. Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exception, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting.

1. Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.

Proclamation and Certificates

REGULAR SESSION – 7:00 p.m.

Call to Order Invocation

Pledge of Allegiance

Items to be continued or withdrawn

Items to be withdrawn from the consent agenda for separate discussion.

Consent Agenda

All items under this section are recommended for approval for the “Consent Agenda”. Each is of a routine nature and requires only brief deliberation by the Council. The City staff has briefed the Council on these items. Approval of the consent agenda authorizes the City Manager to implement each item in accordance with staff recommendations.

General

1. A.    Approval of the minutes from the December 11, 2008 regular council meeting.

1. Financial Transactions.

Contracts & Agreements

1. Consideration of a Professional Services Contract with Crafton, Tull, Sparks & Associates, Inc., for a conceptual/preliminary engineering design of an overpass over I-35W at County Road 711 and authorize the City Manager to execute.

1. Consideration of an Amendment to the AIA Professional Services Agreement with GSBS for re- design of the Bartlett Park Recreation Center resulting from value engineering and authorize the City Manager to execute the agreement.

1. Consideration of a Professional Services Contract with James Kelly, DBS Blue Moon Acquisitions for real estate acquisitions for the Hidden Creek Parkway Project and authorize the City Manager to execute.

Ordinances & Resolutions

1. Ordinance C-637-07(B0109), establishing rates to be charged for all residential and commercial customers for recyclables and solid waste collection and disposal. (First Reading)

Other Items of Consideration

1. Replat of Lots 2-R-1, 2-R-2 and 2-R-3, Block 1, Seventh Day Adventist Burleson Addition located along the east side of IH35 W and north of Hidden Creek Parkway. (Case 08-127)

1. Final Plat of Lot 1, Block 1, Young Addition located on the northwest corner of Cummings Drive (CR 600) and CR 517 in the Burleson ETJ. (Case 08- 155).

1. Minute Order MO-09-051, accepting the Water / Wastewater Impact Fees Report.

Presentations

1. A.    Citizen Appearance

(Citizens who have signed a card to speak to the City Council will be heard at this time. In compliance with the Texas Open Meetings Act, unless the subject matter of the presentation is on the agenda, the city staff and City Council members are prevented from discussion the subject and may respond only with statements of factual information or existing city policy. Public comment will not be taken on items that the Council has previously considered in a public hearing.)

Public Hearings & Other Related Items

1. A.    Public Hearing and consideration of Ordinance D- 095-08 for a specific use permit (SUP) for Joshua Baptist Church, located within single family 7 (SF7) zoning district on a portion of Abstract No. 178 and a portion of Abstract No. 179, H.G.Catlett Survey, Johnson County, Texas along the north side of Wilshire Boulevard between Lakewood Drive and Wicker Hill Road. (Case No. 08-132)

1. Public Hearing for a waiver from Section 8.2 G of the Burleson Design Standards Manual regarding the maximum length of a dead-end street and consideration of a preliminary plat for Lots 1-4, Block 1 D&D Addition at the intersection of CR 531 and Wood Date Dr. located in the Extraterritorial Jurisdiction (ETJ). (Case 08-151)

1. Final Plat of Lots 1-4, Block 1, D&D Addition at the intersection of CR 531 and Wood Dale Dr. located in the Extraterritorial Jurisdiction (ETJ) (Case 08- 171)

Ordinances & Resolutions

1. A.    Ordinance B-775-07(A0109), amending sections of Article VII of Chapter 14 regulating the drilling and production of gas wells within the City of Burleson. (First Reading)

1. Ordinance B-784-09, amending Chapter 82, Utilities of the Code of Ordinances of the City of Burleson by adding regulations regarding the installation of irrigation systems within the corporate limits of the City. (First Reading)

Contracts & Agreements

1. A.    No Items at this time.

Other Items for Consideration

1. A.    Minute Order MO-09-052 request by Mark Minor for Council to consider placing on the January 20, 2009 City Council agenda, an extension to R-1110-08, on the moratorium on the enforcement of any city ordinances or codes prohibiting the storage or retail or wholesale of fireworks.

1. Any action necessary pertaining to recommendation of Charter Review Committee.

1. Red Light Camera Traffic Enforcement.

Reports & Discussion Items

1. A.    Discussion of Burleson Memorial Cemetery Operations and Management Agreement between Burleson Cemetery Operators, LLC and City of Burleson.

1. Discussion of City of Burleson Legislative Agenda.

Executive Session

1. 8.                     A.    Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071. Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exception, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting.

Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.

CERTIFICATE

I hereby certify that the above agenda was posted on this the 31^stday of December , 2008, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.

___________________ Amanda McCrory

City Secretary

ACCESSIBILITY STATEMENT

The Burleson City Hall is wheelchair accessible. The entry ramp is located in the front of the building. Accessible parking spaces are also available in that area. Sign interpretative services for meetings must be made 48 hours in advance of the meeting. Call the A.D.A. Coordinator at 817-447-5400 or TDD 1-800-735- 2989.

EXECUTIVE SESSION

The City Council reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government Code of the State of Texas:

1. Pursuant to Sec. 551.071(1)a, (1)b, and (2), consultation with its Attorney: The City Council may conduct private consultations with its attorneys when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer; or a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. This consultation includes, but is not limited to, the following:

(1)         Floyd Bartula, et al. vs. City of Burleson, Texas.

(2)         Nashville vs. City of Burleson, Rovin Inc. and Paradigms for Success, Inc.

(3)         Kevin Schronk, Individually and as Representative of the Estate of Helen Schronk, Deceased, and Dustin Schronk vs. City of Burleson and Laerdale Medical Corp. Cause No. C200600118 – In the 413P^thP District Court for Johnson County, Texas.

(4)         Darren G. Yancy, Sr. and Carol A. Yancy, Individually and as next of friend for et al. vs. City of Burleson, and Burleson Youth Association

(5)         Advice concerning boundary agreements with area cities;

(6)         Advice concerning Burleson High School #2 Public Infrastructure Improvements

(7)         Rick Johnson claim

(8)         Maggie Ator claim

1. Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease, or value of real property for future expansion of certain programs and services.
2. Pursuant to Sec. 551.073, deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body.
3. Pursuant to Sec. 551.074, personnel matters related to the appointment, employment, evaluation, and duties of the City Secretary, City Manager, and Municipal Court Judge.
4. Pursuant to Sec. 551.076, deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit.
5. Pursuant to Sec. 551.087, deliberation regarding Economic Development Negotiations including: (1) discussion or deliberation regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; OR (2) deliberation of the offer of a financial or other incentive to a business prospect described in (1) above.
6. Pursuant to Section 418.183(f) of the Texas Government Code (Texas Disaster Act) regarding critical infrastructure.

Memorandum

BURLESON CITY COUNCIL WORK SESSION

December 11, 2008 DRAFT MINUTES

Council present:                                           Council Absent:

Stuart Gillaspie Jim Wadlow Matt Powell Ken Shetter Dan McClendon Carter Mahanay Chip Stephens

Staff

Curtis E. Hawk, City Manager Paul Cain, Deputy City Manager David Wynn, Deputy City Manager Allen Taylor, City Attorney

WORK SESSION – Call to order – Time: 6:31 p.m.

1. 1.            Presentation of recommendations from the Charter Review Committee.

Bruce Basden, Chair of the Charter Review Committee, introduced the members of the Charter Review Committee to the Council and thanked staff for their work.

Bruce Basden, presented to council the Charter Review Committee’s recommendations of amendments to the Charter to be presented to voters at an election.

1. 2.            Discussion of all items on tonight’s meeting. No action will be taken and each item will be considered during the Regular Session.

None.

1. 3.            Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, 551.073, 551.074, 551.076, 551.087, and Section 418.183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in.

None.

1. 4.            Reconvene into open session for possible action.

BURLESON CITY COUNCIL REGULAR SESSION

December 11, 2008 DRAFT MINUTES

Roll Call:

Council present:                                           Council Absent: Stuart Gillaspie

Jim Wadlow Matt Powell Ken Shetter Dan McClendon Carter Mahanay Chip Stephens

Staff

Curtis E. Hawk, City Manager Paul Cain, Deputy City Manager David Wynn, Deputy City Manager Allen Taylor, City Attorney

REGULAR SESSION – Call to order – Time: 7:12 p.m. Invocation – Larry Moore, Seventh Day Adventist.

Pledge of Allegiance Proclamations & Certificates

Items to be continued or withdrawn

Items to be withdrawn from the consent agenda for separate discussion.

1J.       Fence waiver requested for a portion of Plantation Phase II. (Case No. 08-158)

Consent Agenda

1A.      Approve the minutes from the November 6, 2008, regular Council session.

Motion was made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 7-0.

1B.      Financial Transactions.

Motion was made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 6-0. Dan McClendon abstain.

City of Burleson Financial Transactions

1C.      Award the bid to supply Bio-Diesel Fuel for use in City vehicles and equipment to Petroleum Traders Corporation. (ITB 2009-009)

Motion was made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 7-0

1D.      Award the bid for the purchase of two (2) police replacement motorcycles to Fort Worth Harley Davidson. (ITB 2009-011)

Motion was made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 7-0

1E. Award the bid for  Police  Department  vehicle  equipment  replacements to Professional Safety Systems. (ITB 2009-013)

Motion was made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 7-0

1F. Award the bid for the construction of the 2008 Quil Miller Creek Wastewater Trunk Main Construction Project (Phase 3) and authorize the City Manager to execute the contract and approve change orders not exceeding $25,000.00

Motion was made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 7-0

1G. Professional services contract with Alpha Testing for performing construction material testing during the construction of Fire Station 3

Motion was made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 7-0

1H. Development and Leasing Agreement between  Burleson  4A  Economic Development Corporation and TIG Real Estate Services, Inc. for the Business Park

Motion was made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 7-0

1I. License agreement for Texas Midstream Gas Services to install a  natural gas transmission line across City owned property located on Lakewood Drive at the new Fire Station 3 site.

Motion was made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 7-0

1J.   Fence waiver requested for a portion of Plantation Phase II. (Case    No. 08-158)

• Removed from Consent Agenda for separate discussion..

1K.      Waiver for exempting landscape islands on a portion of western parking lot for BISD High School #2. (Case 08-063)

Motion was made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 7-0

1L.      Approval of Fraud Policy

Motion was made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 7-0

Presentations

2A.      Mayor’s Youth Council presentation of National League of Cities Conference 2008.

Mayor’s Youth Council Vice-Chair Caitlan Smelley and member A’ndra Ancy presented to council the programs they attended at the Nation League of Cities Conference 2008.

The Burleson Opportunity Fund Committee presented to the City of Burleson a Certificate of Appreciation for their support of the program.

2B.      Citizens Appearance

Diane Emerson, 716 Judith St., Burleson, TX, is opposed to the Garage Sale Ordinance, requirements, and fees.

Jack Ahrend, 821 Crestmont, Burleson, TX, spoke about Chesapeake breaking contract agreements with citizens and wants the city to talk to other cities to see how they can help.

1J.       Fence waiver requested for a portion of Plantation Phase II. (Case No. 08-158)

Shai Roos, Director of Community and Economic Development presented to council the Fence waiver requested for a portion of Plantation Phase II. (Case No. 08-158)

Motion was made Chip Stephens and seconded by Dan McClendon with modified area as discussed and adding that the metal fence post be placed on 6 foot centers as opposed to the usual 8 foot.

Motion passed 7-0.

Public Hearings and Related Ordinances

3A. Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for one (1) gas well known as the Mountain Valley Unit 3H on an existing pad site located at 2225 SW Wilshire Boulevard. (Case No. 08-167).

Laura Melton, City Engineering Department, presented the request by Chesapeake Operating, Inc., for a gas well drilling permit for one (1) gas well known as the Mountain Valley Unit 3H on an existing pad site located at 2225 SW Wilshire Boulevard. (Case No. 08-167).

Mayor Shetter opened the public hearing: Time: 8:02 p.m.

Arnold Lester, 2435 Buffalo Run, Burleson, TX, complained about the noise from this site. Would like more noise abatement.

This is the incorrect site and Chesapeake will meet with Mr. Lester about the well site he is talking about.

Mayor Shetter closed the public hearing: Time: 8:21 p.m.

Motion made by Matt Powell and seconded by Stuart Gillaspie to approve. Motion passed 7-0.

3E.      Public Hearing and consideration of a variance for the installation of a water well for irrigation purposes for BISD High School #2.

• Moved up in the agenda.

Aaron Russell, Director of Pubic Works & Engineering, presented to council the request for a variance for the installation of a water well for irrigation purposes for BISD High School #2.

Mayor Shetter opened the public hearing: Time: 8:25 p.m.

No speakers

Mayor Shetter closed the public hearing. Time: 8:25 p.m.

Motion made by Carter Mahanay and seconded by Chip Stephens to approve. Motion passed 7-0.

3B.  Public Hearing and consideration of a request by EOG Resources,  Inc., for a gas well drilling permit for a revised location of one (1) previously permitted gas well, known as the Pallmeyer Unit 6H, located north of County Road 711 and west of IH 35 W. (Case No. 08- 46).

Laura Melton, City Engineering Department, presented to council the request by EOG Resources, Inc., for a gas well drilling permit for a revised location of one

(1) previously permitted gas well, known as the Pallmeyer Unit 6H, located north of County Road 711 and west of IH 35 W. (Case No. 08-46).

Mayor Shetter opened the public hearing: Time: 8:27 p.m.

No speakers

Mayor Shetter closed the public hearing. Time: 8:27 p.m.

Motion was made by Jim Wadlow and seconded by Matt Powell to approve. Motion passed 7-0.

3C. Public Hearing and consideration of a request by XTO Energy for a variance and a gas well drilling permit for one (1) gas well, known as the MFG Unit 1H located at 2199 SW Wilshire Boulevard (Case No. 08-166).

Laura Melton, City Engineering Department, presented to council the request by XTO Energy for a variance and a gas well drilling permit for one (1) gas well, known as the MFG Unit 1H located at 2199 SW Wilshire Boulevard (Case No.

08-166).

Mayor Shetter opened the public hearing: Time: 8:34 p.m.

No speakers

Mayor Shetter closed the public hearing. Time: 8:37 p.m.

Motion made by Matt Powell and seconded by Chip Stephens to approved the variance until providing 120 notification to the gas well company if adjacent development occurs within 500 feet of a grading permit being issued or the pad sites goes from 4 acres to 2 acres or by the year end of 2012.

Motion passed 7-0.

3D.      Public Hearing and consideration of Ordinance D-095-08 for a specific use permit (SUP) for Joshua Baptist Church, located within single family 7 (SF7) zoning district on a portion of Abstract No. 178 and a portion of Abstract No. 179, H.G.Catlett Survey, Johnson County, Texas along the north side of Wilshire Boulevard between Lakewood Drive and Wicker Hill Road. (Case No. 08-132)

• Removed from the agenda.

3E.      Public Hearing and consideration of a variance for the installation of a water well for irrigation purposes for BISD High School #2.

• Moved up in the agenda before 3B.

Ordinances & Resolutions

4A.      No items at this meeting

Contracts & Agreements

5A. Consideration of Capital Lease Purchase of Replacement Fire Apparatus for the amount not to exceed $520,000.00 and authorize the City Manager to execute.

Gary Wisdom, Fire Chief, presented to council the proposed Capital Lease Purchase of Replacement Fire Apparatus.

Motion was made by Matt Powell and seconded by Jim Wadlow to approve. Motion passed 7-0.

5B. Ordinance C-650-08, approving an electric power contract with Cities Aggregation Power Project, Inc (CAPP) for electric capacity and energy, providing capacity payments as public property finance contractual obligations of the City. (Final Reading)

Rhett Clark, Director of Finance, presented to council Ordinance C-650-08, approving an electric power contract with Cities Aggregation Power Project, Inc (CAPP) for electric capacity and energy, providing capacity payments as public property finance contractual obligations of the City. (Final Reading)

Motion was made by Dan McClendon and seconded by Chip Stephens to deny. Motion passed. (Ordinance C-650-08 denied). 7-0.

Other Items for Consideration

6A.      No items at this meeting

Reports

7A.      Discussion of BISD High School #2 Public Infrastructure Improvements

David Wynn, updated the council on BISD High School #2 Public Infrastructure Improvements costs to the City of Burleson and the Burleson Independent School District.

7B.  Discussion of policy related to donation of sick or vacation benefits to employees on medical leave who have exhausted accrued benefit time.

Curtis E. Hawk, City Manager, presented to council the proposed change to policy related to donation of sick or vacation benefits to employees on medical leave who have exhausted accrued benefit time.

7C.      Report on National League of Cities Conference by Councilmember who attended.

Council members Gillaspie, Wadlow, McClendon, Stephens and Mayor Shetter presented various workshops, classes and educations seminars they all attended at the 2008 National League of Cities Conference.

7D.      Discussion of City of Burleson Legislative Agenda

Curtis E. Hawk, City Manager, lead the discussion of the upcoming 2009 Legislative Session Agenda for the City of Burleson.

Executive Session

8A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, 551.073,

551.074, 551.076, 551.087, and Section 418.183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as  to the posted subject matter of this City Council meeting.

Motion was made Jim Wadlow and seconded by Chip Stephens to convene into executive session.

Motion passed 7-0. Time: 9:36 p.m.

Motion was made Jim Wadlow and seconded by Chip Stephens to reconvene into executive session.

Motion passed 7-0. Time: 10:00 p.m.

There being no further business Mayor Shetter adjourned the meeting. Time: 10:00 p.m.

_____________________________ Amanda J. McCrory

City Secretary

1B-1

Memorandum

Memorandum

THE STATE OF TEXAS       § COUNTY OF JOHNSON      §

ENGINEERING SERVICES CONTRACT

THIS CONTRACT is made and entered into this 5^th day of January, 2009, by and between the CITY OF BURLESON, Texas, a municipal corporation, hereinafter called “City,” and Crafton, Tull, Sparks & Associates, Inc., hereinafter called “Engineer,” whose address is 220

E. 8^th Street, Tulsa, OK 74119.

W I T N E S S E T H:

That in consideration of the terms and conditions contained herein the parties do mutually agree as follows:

I.

Employment of Engineer

Engineer shall perform all services under this contract to the prevailing engineering pro- fessional standards consistent with the level of care and skill ordinarily exercised by members of the engineering profession, both public and private, currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt, timely action. Engineer shall provide services necessary for the development of conceptual and preliminary engineering design for an overpass to route County Road 711 over I-35W located within the City of Burleson, Texas, and hereinafter referred to as the “Project.”

II.

Compensation to Engineer

A. City agrees to pay Engineer for all services outlined in Section III shall not exceed the following amounts:

accordance with the attached project budget – manpower estimate (Exhibit C) and standard hourly rate schedule (Exhibit B):

III.

Services

1. General Requirements

1. Each time Engineer submits plans and specifications to City, two (2) copies of each shall be submitted. These shall be reviewed and checked by City and returned to Engineer for corrections. When the corrected copies of the plans and specifications are returned to City, the original and reviewed plans and specifications shall also be returned to City. All plans, specifications, documents, provisions, attachments, and correspondence provided in accordance with this contract shall be dated.

1. Each set of plans shall be stamped “Review,” and each sheet of the plans shall be signed and dated with registration number of the responsible engineer until approval of the final conceptual/preliminary design by City. Upon approval of the final plans the word “Review” shall be omitted and the plans shall be stamped “Final” on the cover sheet. Each sheet of the final plans shall be sealed, signed, and dated by Engineer.

1. Engineer shall coordinate the alignment of the bridge and the street connections with both the City and TXDOT. The engineer shall attend meetings with TXDOT and the City as required and these meetings will be billed on an hourly basis as shown in the manpower estimate (Exhibit C).

1. Engineer shall coordinate with utility companies, including, but not limited to franchised utilities, City of Burleson Public Works Department, TXDOT, pipeline companies, railroad companies, telecommunication companies, or any other entity which has facilities within Project as necessary for the preparation of the preliminary plans. Engineer shall supply conceptual plans for Project to all utility companies or other entities that have facilities within the limits of Project.

1. Engineer shall determine the type of existing pavement on Project, including all intersecting streets, driveways, and alleys, accurately showing this information on the plans.

1. Review by City does not relieve Engineer of responsibility to prepare plans in accordance with prevailing engineering standards.

1. Design Survey Work – Engineer shall furnish a survey field party to collect all field information necessary to prepare concept/preliminary plans consistent with prevailing engineering standards. This field information shall be based on City’s control network. Before the survey party is engaged in surveying on private property, City shall send letters to all adjacent property owners and other affected property owners notifying them of the survey party’s intent to survey on private property. Engineer shall provide City with the letter to be sent, the name and address of the property owners, as well as the legal description and property address of the affected property. Engineer shall obtain

permission from property owner to survey on private property before surveying is commenced.

1. Conceptual Design Plans – Conceptual plans for Project shall be prepared on such a scale and to such detail as is necessary to resolve all conceptual issues. Conceptual plans must be approved by City prior to Engineer commencing with the preparation of preliminary plans. Engineer shall prepare conceptual plans which will include the following:

1. Alignment of existing street and approximate alignment of the proposed facility, including approximate curve data.

1. At least two alternative alignments and an evaluation of each alignment.

1. As applicable, the location and size of all proposed median openings and left-turn bays.

1. The approximate location of all existing driveways within the limits of the project.

1. A preliminary drainage study, including drainage areas, location and size of existing drainage facilities, the approximate size and alignment of proposed drainage facilities, and approximate discharges.

1. Water and sanitary sewer mains noting sizes, proposed stubouts six inches (6″) in diameter and larger, and any major structures required.

1. A preliminary cost estimate for the selected design.

1. Miscellaneous Requirements – Engineer shall submit a computer file of the drawings in

.dwg format.

IV.

Time for Completion

Engineer agrees to complete and submit all work required by City as follows:

• Conceptual design plans in 90 calendar days from date of written notice to proceed.

No extensions of time shall be granted unless a written request is submitted by Engineer, and such request is approved in writing by City.

V.

Revisions of Plans and Specifications

If revisions of the plans are required by reason of Engineer’s error or omission, then such revisions shall be made by Engineer without additional compensation to the fees herein specified, and in a time frame as directed by City.

City reserves the right to direct substantial revision of the plans after acceptance by City as City may deem necessary, but when the revision is not due to Engineer’s error or omission, City shall pay Engineer equitable compensation for services rendered in making such revisions. In any event, when Engineer is directed to make substantial revisions under this Section of the contract, Engineer shall provide to City a written proposal for the entire cost involved in providing City a completed set of plans, specifications and special provisions and the completion time involved in the revisions. Prior to Engineer undertaking any substantial revisions  as directed by City, City must authorize in writing the nature and scope of the revisions and accept the method and amount of compensation and the time involved in all phases of the work.

It is expressly understood and agreed by Engineer that any compensation not specified in Section II., “Compensation to Engineer,” may require additional Burleson City Council approval and is subject to funding limitations.

VI.

Engineer’s Coordination with Owner

Engineer shall be available for conferences with City so that Project can be designed with the full benefit of City’s experience and knowledge of existing needs and facilities and be consistent with current policies and construction standards. City shall make available to  Engineer all existing plans, maps, field notes, and other data in its possession relative to the Project. Engineer may show justification to City for changes in design from City standards due to the judgment of said Engineer. City shall make the final decision as to any changes after appropriate request by Engineer.

Engineer shall accompany City representatives on Project observation visits during construction of Project when design issues arise.

VII.

Contract Termination Provision

This contract may be terminated at any time by City for any cause without penalty or liability except as may otherwise be specified herein. Upon receipt of written notice by City, Engineer shall immediately discontinue all services and Engineer shall immediately terminate placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this contract and shall proceed to cancel promptly all existing contracts insofar as they are related to this contract. As soon as practicable after receipt of notice of termination, Engineer shall submit a statement, showing in detail the services performed but not paid for under this contract to the date of termination. City shall then pay Engineer promptly the accrued and unpaid services to the date of termination, to the extent the services are approved by City.

This contract may be terminated by Engineer with mutual consent of City at any time for any cause without penalty or liability except as may otherwise be specified herein. Engineer  shall submit written notice to terminate contract and shall submit to City all plans and documents relative to the design of Project. City shall then ascertain cost to complete the balance of the work under this contract. If the cost to complete the balance of the work is greater than the unpaid contract amount, City shall retain all unpaid balances and, in addition, Engineer shall pay

directly to City the difference in the unpaid balance and the cost to complete the work. In no  case shall City pay Engineer any additional monies other than those previously paid under the contract.

VIII.

Ownership of Documents

All drawings and specifications prepared or assembled by Engineer under this contract shall become the sole property of City and shall be delivered to City, without restriction on  future use. Engineer shall retain in his files all original drawings, specifications and all other pertinent information for the work. Engineer shall have no liability for changes made to the drawings, specifications, and other documents by other engineers subsequent to the completion of the contract. City shall require that any such change be sealed, dated, and signed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified.

IX.

Insurance

1. Engineer shall at Engineer’s own expense, purchase, maintain and keep in force during the term of this contract such insurance as set forth below. Engineer shall not commence work under this contract until Engineer has obtained all the insurance required under this contract and such insurance has been approved by City, nor shall Engineer allow any subcontractor to commence work on his or her own subcontract until all similar insurance of the subcontractor has been obtained and approved. All insurance policies provided under this contract shall be written on an “occurrence” basis, except for professional liability. The insurance requirements shall remain in effect throughout the term of this contract. Professional liability insurance shall also be maintained for one year after completion of the project.

1. Worker’s Compensation as required by law, Employers Liability Insurance of not less than $100,000.00 for each accident, $100,000.00 disease-each employee,

$500,000.00 disease-policy limit.

1. Commercial General Liability Insurance, including Independent Contractor’s Liability, Completed Operations and Contractual Liability, covering but not limited to the indemnification provisions of this contract, fully insuring Engineer’s liability for injury to or death of employees of City and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a combined bodily injury and property damage minimum limit of

$1,000,000.00 per occurrence.

2.   Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non-owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000.00 per occurrence.

4. Professional Liability Insurance: Standard comprehensive professional liability coverage in an amount of at least $1,000,000.00 aggregate per year, covering the services provided under this contract, including contractual liability.

1. Each insurance policy to be furnished by Engineer shall include the following conditions by endorsement to the policy:

1. Except for Worker’s Compensation and professional liability insurance, the policy shall name City as an additional insured as to all applicable coverage;

1. Each policy will require that thirty (30) days prior to the expiration, cancellation, nonrenewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: Director of Engineering Services, City of Burleson, 141 West Renfro Street, Burleson, Texas 76028-4261. If the policy is canceled for nonpayment of premium, only ten (10) days advance written notice to City is required;

1. The term “Owner” or “City” shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of City.

1. The policy phrase “other insurance” shall not apply to City where City is an additional insured on the policy; and

1. All provisions of the contract concerning liability, duty and standards of care, together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

1. Concerning insurance to be furnished by Engineer, it is a condition precedent to acceptability thereof that:

1. All policies are to be written through companies duly approved to transact that class of insurance in the State of Texas; and

1. Insurance is to be placed with carriers with a Best rating of A:VII, or as otherwise acceptable to City.
2. Engineer agrees to the following:

1. Except for professional liability, Engineer hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have  no right of recovery or subrogation against City, it being the intention that the insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies.

1. Companies issuing the insurance policies and Engineer shall have no recourse against City for payment of any premiums or assessments for any deductible, as all such premiums and deductibles are the sole responsibility and risk of Engineer.

1. Approval, disapproval or failure to act by City regarding any insurance supplied by Engineer (or any subcontractors) shall not relieve Engineer of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the insolvency or denial of liability by the insurance company exonerate Engineer from liability.

1. Engineer shall provide Certificates of Insurance completed on the ACORD form only and endorsements effecting coverage required by this section to City to by forwarding to: Department of Engineering Services, City of Burleson, ATTN: Mandy Clark, P.E., 141 West Renfro, Burleson, Texas 76028-4261.

1. Any of the insurance policies required under this section may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby.

X.

Monies Withheld

When City has reasonable grounds for believing that:

1. Engineer will be unable to perform this contract fully and satisfactorily within the time fixed for performance; or

1. A claim exists or will exist against Engineer or City arising out of the negligence of Engineer or Engineer’s breach of any provision of this contract; then

City may withhold payment of any amount otherwise due and payable to Engineer under this contract. Any amount so withheld may be retained by City for that period of time as it may deem advisable to protect City against any loss and may, after written notice to Engineer, be applied in satisfaction of any claim described herein. This provision is intended solely for the benefit of City, and no other person or entity shall have any right or claim against City by reason of City’s failure or refusal to withhold monies. No interest shall be payable by City on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of City.

XI.

No Damages for Delays

Notwithstanding any other provision of this contract, Engineer shall not be entitled to claim or receive any compensation as a result of or arising out of any delay, hindrance, disruption, force majeure, impact or interference, foreseen or unforeseen.

XII.

Procurement of Goods and Services from Burleson Businesses

In performing this contract, Engineer agrees to use diligent efforts to purchase all goods and services from Burleson businesses whenever such goods and services are comparable in availability, quality and price.

XIII.

Right to Inspect Records

Engineer agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Engineer involving transactions relating to this contract. Engineer agrees that City shall have access during normal working hours to all necessary Engineer facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Engineer reasonable advance notice of intended audits.

Engineer further agrees to include in subcontract(s), if any, a provision that any subcontractor or consultant agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such consultant or subcontractor involving transactions to the subcontract, and further, that City shall have access during normal working hours to all consultant or subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. City shall give the consultant or subcontractor reasonable advance notice of intended audits.

XIV.

No Third Party Beneficiary

For purposes of this contract, including its intended operation and effect, the parties (City and Engineer) specifically agree and contract that: (1) the contract only affects matters/disputes between the parties to this contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with City or Engineer or both; and (2) the terms of this contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Engineer.

XV.

Successors and Assigns

City and Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this contract and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this contract. Neither City nor Engineer shall assign or transfer its interest herein without the prior written consent of the other.

XVI.

Engineer’s Liability

Acceptance of the final plans by City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, associates, agents or consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility or liability by City for any defect in the designs, working drawings, specifications, or other documents and work prepared by said Engineer, its employees, subcontractor, agents and consultants.

XVII.

Indemnification

Engineer shall indemnify and hold City and all of its officers, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property or injury, including death, to any and all persons, including but not limited to officers, agents, or employees of City or Engineer and all other persons performing any act pursuant to this contract, to the extent caused by any negligent act, error, or omission by Engineer, its officers, agents, employees, invitees, or other persons for whom it is legally liable, with regard to the performance of this contract.

XVIII.

Severability

If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this contract are for any reason held to be invalid, void or unen- forceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

XIX.

Independent Contractor

Engineer covenants and agrees that he/she is an independent contractor, and not an officer, agent, servant or employee of City; that Engineer shall have exclusive control of and exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be liable for the negligent acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior

shall not apply as between City and Engineer, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Engineer.

XX.

Disclosure

By signing this contract, Engineer acknowledges to City that he/she has made a full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed project and business relationships with abutting property owners. Engineer further agrees that he shall make disclosure in writing of any conflicts of interests which develop subsequent to the signing of this contract and prior to final payment under the contract.

XXI.

Venue

The parties to this contract agree and covenant that this contract shall be enforceable in Burleson, Texas; and that if legal action is necessary to enforce this contract, exclusive venue shall lie in Johnson County, Texas.

XXII.

Entire Agreement

This contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties.

XXIII.

Applicable Law

This contract is entered into subject to the Charter and ordinances of City, as they may be amended from time to time, and is subject to and is to be construed, governed, and enforced under all applicable State of Texas and federal laws. Situs of this contract is agreed to be  Johnson County, Texas, for all purposes, including performance and execution.

XXIV.

Headings

The headings of this contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof.

XXV.

Remedies

No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but, each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this contract.

XXVI.

Equal Employment Opportunity

Engineer shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, ancestry, national origin, place of birth or disability. Engineer shall take action to ensure that applicants are employed and treated without regard to their race, age, color, religion, sex, ancestry, national origin, place of birth or disability. This action shall include, but not be limited to: employment, promotion, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship.

XXVII.

Construction of Contract

Both parties have participated fully in the review and revision of this contract. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this contract.

XXVIII.

Notices

All notices, communications, and reports required or permitted under this contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the addresses shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five (5) days after mailing regular mail.

If intended for City, to:

Mandy Clark, P.E. Deputy City Engineer City of Burleson

141 West Renfro Street Burleson, Texas 76028-4261

If intended for Engineer, to:

Kevin Vanover, P.E.

Crafton, Tull, Sparks & Associates, Inc. 220 East 8^th Street

Tulsa, OK 74119

IN WITNESS WHEREOF, the parties enter into this contract on the date first written

above.

WITNESS:                                                                  ENGINEER:

BY:                                                                             BY:                                                                 

Printed or Typed Name                                            Printed or Typed Name

Tax Identification No.

ATTEST:                                                                     CITY OF BURLESON, TEXAS:

BY:                                                                           BY:                                                                 AMANDA McCRORY                                              CURTIS E. HAWK

CITY SECRETARY                                                  CITY MANAGER

APPROVED AS TO FORM:

BY:                                                                WADE ADKINS

CITY ATTORNEY

THE STATE OF TEXAS       § COUNTY OF TARRANT      §

Engineer Acknowledgment

BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared                                                  ,              who is known to me or who  was  proved  to  me  on  the  oath  of                                       (name of person identifying                          the           acknowledging  person)            or      who                      was   proved                                  to             me      through

                                                       (description of identity card or other document issued by the federal or state government containing the picture and signature of the acknowledging person) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for the purposes and consideration therein expressed.

GIVEN  UNDER  MY  HAND  AND  SEAL  OF  OFFICE  this  the              day of

                                      ,20                 .

Notary Public In and For The State of Texas

Notary’s Printed Name

My Commission Expires:                              

THE STATE OF TEXAS     §

COUNTY OF JOHNSON   §

City Acknowledgement

BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on  this day  personally appeared                                        , known to me to be a person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for and as the act of the  City  of  Burleson, Texas, a Texas municipal corporation, and as                                                                                          thereof, and for the purposes and consideration therein expressed.

GIVEN  UNDER  MY  HAND  AND  SEAL  OF  OFFICE  this  the              day of

                                      ,20                 .

Notary Public In and For The State of Texas

Notary’s Printed Name

My Commission Expires:                              

L:EngineeringCapital Improvements ProgramShaffstall Pump Station.doc

1C-18

Memorandum

Memorandum

Memorandum

ORDINANCE C-637-07(B0109)

AN ORDINANCE ESTABLISHING RATES TO BE CHARGED FOR THE HAULING AND DISPOSAL OF RESIDENTIAL AND NON-RESIDENTIAL SOLID WASTE, RECYCLABLES AND TRASH WITHIN THE CITY OF BURLESON (AS AUTHORIZED IN SECTION 10-37, CODE OF ORDINANCES); REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE CLAUSE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS:

SECTION 1

The monthly charge for gathering and removal of all solid waste as defined in Section 82-81 of the Code of Ordinances of the City of Burleson, Texas for residential and non-residential, within the corporate limits of the City of Burleson shall hereafter be as follows:

ARTICLE I

(1)               Residential: Each dwelling unit in any residential building, house, or Structure – $18.75

(2)               Non-Residential:

CLASS I                     $19.43                        2 / WEEK

CLASS II                    $46.89                        2 / WEEK

92.41                        4 / WEEK

CLASS III                   $92.41                        2 / WEEK

181.65                        4 / WEEK

CLASS IV                $136.76                        2 / WEEK

271.64                        4 / WEEK

ARTICLE II

Fuel Cost Recovery Fee

In addition to the monthly charge in Section I, Article I above, each residential and non- residential account shall also be charged a monthly fuel cost recovery fee.

The monthly fuel cost recovery fee will be determined by calculating the average cost per gallon of fuel purchased by the City for solid waste operations for the previous three full months (“Avg. 3 mo. Cost”) multiplied by the average gallons consumed by Solid Waste Collection vehicles during the same three month period (“Avg. 3 mo. Consumption”), then divided by the number of active residential and non-residential accounts (“Customers”).

1F – 5

Monthly

Fuel Cost                   =          (Avg. 3 mo. Cost) x (Avg. 3 mo. Consumption) / Customers Recovery Fee

The monthly fuel cost recovery fee will be determined in September of each year (for the fiscal year beginning October 1^st) and, shall be adjusted administratively during the year on no more than a quarterly basis (Jan. 1^st, April 1^st, July 1^st -collectively the “quarterly adjustment dates”). The calculation for the fuel cost recovery fee shall be based on the three full months immediately preceding the quarterly adjustment date.

SECTION II

It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have  been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION III

This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Burleson, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed.

This ordinance shall be in full force and effect___________ , 200__, and after its

passage and publication as provided by law.

PASSED AND APPROVED this ___________day of_______________ , 200__.

__________________________ MAYOR

ATTEST:

_____________________________ City Secretary

First reading: ___________________

Memorandum

Memorandum

Memorandum

Water / Wastewater Impact Fees Semiannual Report

April 1, 2008 through September 30, 2008

Capital Improvements Program Advisory Committee

COMMITTEE MEMBERS:

Rocky Bransom, Chair Byron Black, Vice-Chair Donna Key

Del Winn Steve Sechrist

January 5, 2009

EXECUTIVE SUMMARY

Authorization and General Methodology

Chapter 395 of the Texas Local Government Code describes the process by which cities in Texas must establish and manage development impact fee programs. This report, prepared by the Capital Improvements Program Advisory Committee, provides the status of the City of Burleson’s Water and Wastewater Impact Fee Program.

The concept behind the impact fee program is that new development should pay for some underlying portion of the cost of new public water and wastewater infrastructure required to serve the new development. The impact fees charged to new development are based upon an estimate of the cost of new infrastructure required to adequately serve the growth over a ten-year period. The growth estimates are based on regional population and employment projections developed by the North Central Texas Council of Governments, the City of Burleson’s Comprehensive Plan, and the amount of vacant land available for development.

Current Impact Fee Program

The Burleson City Council approved the implementation of water and wastewater impact fees on November 15, 2005. Collection of the fees, which have been set at 50% of the actual cost to provide adequate infrastructure for new development, began on November 16, 2005. The City is required, by state law, to submit a report semiannually providing the status of the impact fee program.

This report covers the period from April 1, 2008 through September 30, 2008. During this reporting period, the City collected $302,004.51.

Conclusions

The following conclusions have been made by the Capital Improvements Program Advisory Committee:

1. Revenue generated by the program during this reporting period was lower than budget projections. However, the collections are keeping pace with the general residential slow-down.
2. Construction of capital improvements identified in the capital improvement plan is progressing on schedule.
3. Refunds of collected impact fees will not be necessary because of the pace of implementation of the capital improvements program.
4. The administration of the program has been fair and equitable.

Construction Activity Report

The Capital Improvements Program Advisory Committee finds that the City is making progress in completing the water and sanitary sewer projects identified in the capital improvements plan. The following list shows those projects identified in the capital improvements plan that have had construction activity since the adoption of impact fees. The project numbers shown on the table correspond to the project numbers shown in Figure 1.

Figure 1 shows the locations of projects identified in the plan that were completed or active since the implementation of the Impact Fee Ordinance. Activity includes only construction.

FIGURE 1 – CONSTRUCTION ACTIVITY MAP

In addition, the following list contains projects that were completed prior to the implementation of impact fees and had available capacity at the time of implementation. The incremental cost of the available capacity may be reimbursed to the appropriate water or wastewater fund to finance or to recoup capital construction costs of service, to retire bonds, or to pay the principal sum and interest and other finance costs on bonds, notes or other obligations.

Water – Transmission Lines

1. Hemphill (Alsbury to McAlister) 12” Water Line
2. Alsbury (Renfro to Fire Station 1) 16” Water Line
3. Turkey Peak Supply Line from Alsbury 16” Water Line
4. FM 731 (SH 174 to CR 714) 12” Water Line
5. Mountain Valley Elevated Storage 12” Supply Water Line
6. Mountain Valley 12” Water Line
7. Memorial Plaza 12” Water Line
8. I-35W along Hidden Creek Golf Course 20” Water Line
   1. Hurst (Hurst Creek to HCP) 12” Water LineSanitary Sewer – Collection Lines
      1. Hurst Creek (Village Creek to Oak Valley) 18” Collection Line
         1. North Creek (Village Creek to Douglas Street) 18”, 15”, and 12” Collection Line
         2. Evans Tract 12” Collection Line
         3. Village Creek (Evans Tract to Shannon Creek) 15” Collection Line
         4. Village Creek (Shannon Creek to Mountain Valley Lake) 15” Collection Line
            1. Village Creek (Mountain Valley Lake to Mountain Valley) 12” Collection Line
            2. Shannon Creek (Village Creek to SH 174) 12” Collection Line

Figure 2 shows the locations of projects eligible for reimbursement that were completed prior to implementation of impact fees.

FIGURE 2 – IMPACT FEE CAPITAL IMPROVEMENT PLAN PROJECTS COMPLETE PRIOR TO IMPACT FEES

Impact Fee Revenue Summary

Service units (living unit equivalent) for water and sanitary sewer are based upon “3/4 inch water meter equivalents.” From April 1, 2008 through September 30, 2008, the  City of Burleson has collected $302,004.51 in impact fee revenue. This revenue is broken down as follows:

* Based on 190 residential permits issued.

**Based on 13 commercial permits issued.

* Based on 6 commercial permits issued.

Budget Comparison

Residential building permits for this reporting period are down approximately 21% from last year’s permit issuance. Commercial permits are up 11% from last year’s permit issuance. The difference in the water and sewer percentages is due mostly to offsets to the sewer impact fees in Wakefield Heights, Phase 1 and water taps for gas wells where sewer impact fees are not collected.

Capital Improvements Plan – Proposed Facilities Status

The following tables provide the status of all projects on the Impact Fee Capital Improvement Plan as of March 31, 2008.

TABLE 1: IMPACT FEE CAPITAL IMPROVEMENT PLAN PROPOSED WATER FACILITIES

(PUMPING/GROUND STORAGE/ELEVATED STORAGE)

TABLE 2: IMPACT FEE CAPITAL IMPROVEMENT PLAN PROPOSED WATER FACILITIES (TRANSMISSION LINES)

*These projects are being constructed with phases of the development. They will be completed as future phases of the development are constructed. The City does not have plans to complete these loops with city funds at this time.

**These projects are related and have been moved back a year. The scope of the projects is being reevaluated due to water supply limitations from Fort Worth in this area.

TABLE 3: IMPACT FEE CAPITAL IMPROVEMENT PLAN PROPOSED WASTEWATER FACILITIES (PUMPING)

TABLE 4: IMPACT FEE CAPITAL IMPROVEMENT PLAN PROPOSED WASTEWATER FACILITIES (COLLECTION LINES)

1I – 12

Administration

The Capital Improvements Program Advisory Committee finds that adequate progress is being made in the implementation of the impact fee capital improvements plan.  There have not been any problems identified in implementing the plan or administering the impact fees. Additionally, no inequities have been identified in the administration of the fee.

Conclusions

The following conclusions are made by the Impact Fee Capital Improvements Program Advisory Committee:

1. Revenue generated by the program during this reporting period was lower than budget projections. However, the collections are keeping pace with the general residential slow-down.
2. During this reporting period, one wastewater project was completed and construction continued on one wastewater project that was under construction in the previous reporting period. The implementation of the capital program is on schedule.
3. The pace of development, the pace of implementing the capital improvement plan, the 50% collection methodology, and the “first in, first out” impact fee accounting method eliminate the possibility of refunds of impact fees in accordance with state law.
4. Collection of impact fees reduces the debt required for the construction of new water and wastewater infrastructure to serve new development.
5. The administration of the program has been fair and equitable.

Based on the above findings, we conclude that the City of Burleson impact fee program for the period from April 1, 2008 to September 30, 2008 generally succeeded in meeting expectations of revenues and expenditures.

2A-1

Memorandum

Memorandum

Attachment 1. Location / Aerial Map

Attachment 2.  Zoning Map

Attachment 3: Zoning Exhibit and Concept Plan

Attachment 4: Conceptual Elevations

Attachment 5: Draft Ordinance ORDINANCE D-095-08

AN ORDINANCE AMENDING ORDINANCE B-582, THE ZONING ORDINANCE OF THE CITY OF BURLESON, TEXAS, BY AUTHORIZING A SPECIFIC USE PERMIT FOR RELIGIOUS INSTITUTION ON LOT 1, BLOCK 1, FIRST BAPTIST CHURCH JOSHUA ADDITION, OUT OF THE H.G. CATLETT SURVEY ABSTRACT NO. 178 AND 179, JOHNSON COUNTY, TEXAS; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING FOR THE VIOLATION OF THIS  ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, an application for a zoning change was filed by First Baptist Church of Joshua on September 4, 2008, under Case Number 08-132;

WHEREAS, the Zoning Ordinance B-582 approved by the City Council, that requires a specific use permit for religious institutions within the single family  7 district ;

WHEREAS, the City of Burleson has complied with the notification requirements of the Texas Local Government Code and the Burleson Zoning Ordinance;

WHEREAS, the City Council and Planning and Zoning Commission have held a public hearing and the Planning and Zoning Commission has made a recommendation on the proposed zoning amendment; and

WHEREAS, the City Council has determined that the proposed zoning ordinance amendment is in the best interest of the City of Burleson.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS:

SECTION 1

The Official Zoning Map is hereby amended insofar as it relates to certain land located in Burleson, Texas, as shown on the Recorded Plat attached as Exhibit A and described as Lot 1, Block 1, First Baptist Church Joshua Addition, City of Burleson, Johnson County, and by metes and bounds as attached as Exhibit B; by authorizing a Specific Use Permit for religious institution, subject to the following conditions:

1. This property shall be subject to all the regulations contained within the City of Burleson Code of Ordinances, except where amended by this Ordinance.

1. The development on this site shall be consistent with the site plan drawing  attached as Exhibit A.

1. The built structure shall be a 34,000 square feet masonry structure for its main sanctuary on the undeveloped portion of the site. Future expansion as shown on the attached exhibit A shall be allowed as a part of this SUP. Two metal buildings about 1,536 square feet each currently existing on site may be retained. The metal buildings shall be removed when future expansion occurs.

1. The property shall have access on Wilshire Boulevard contingent to a TXDOT permit approval.

1. Transitional screening shall separate residential uses from the church and consist of 8 foot high live screening consisting of a two foot berm and 6 foot shrubs at full growth. The shrubs will be planted at minimum 5 gallon and will be of a species that will create a dense 6 feet tall screen within two growing seasons from the time of planting.

1. The landscape requirement for this site must be met according to the City’s landscape ordinance.

1. All landscaping including the transitional screening will be maintained and irrigated as per the requirements of the City’s landscape ordinance.

SECTION 2 CUMULATIVE CLAUSE

This ordinance shall be cumulative of all provisions of ordinances of the City of Burleson, 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. To the extent that the provisions of the City of Burleson’s various development ordinances conflict with this ordinance, the terms of this ordinance shall control.

SECTION 3 SEVERABILITY CLAUSE

It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 4 PENALTY CLAUSE

Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by State Law, and the power of injunction as provided in V.T.C.A. Local Government Code 54.012 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.

SECTION 5 EFFECTIVE DATE

This Ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED AND APPROVED this the ____ day of______ 2009

__________________________ MAYOR

ATTEST:

________________________________ City Secretary

First Reading: ___________________

EXHIBIT A –Conceptual Site Plan

EXHIBIT B

Metes and Bounds Description

BEING part of a 143.3193 acre tract as conveyed to the First Baptist Church of Joshua, Texas, Inc. as recorded in Volume 2475, Page 204, Deed Records of Johnson County, Texas, and being more particularly described by metes and bounds as follows:

BEGINNING at a capped iron rod found for the most easterly northeast corner of Mountain Valley Heights, Phase 1, an addition to the City of Burleson, Johnson County, Texas, according to the plat thereof recorded in Volume 9, Page 98 of the plat Records of Johnson County, Texas, said iron rod being in the northeast line of said 143.3193 acre tract;

THENCE South 45°02’30” East, a distance of 590.44′ to a 1/2″ iron rod found for corner;

THENCE South 35°44’00” West, a distance of 483.71′ to a 1/2″ iron rod set for corner;

THENCE South 53°20’00” East a distance of 130.66′ to a capped iron rod found for corner in the northwest right-of-way line of State Highway No. 174 (a variable width right-of-way);

THENCE South 35°30’00” West following the northwest right-of-way line of State Highway No. 174 a distance of 1168.69′ to a capped 1/2″ iron rod set for corner;

THENCE North 54°30’00” West, departing said State Highway 174 right-of-way, a distance of 299.88′ to a capped 1/2″ iron rod found for corner, said iron rod being the most northerly northwest corner of a called 5.485 acre tract conveyed to Raven Realty III L.L.C. as recorded in Volume 4262, Page 908, D.R.J.C.T.;

THENCE North 21°27’38” West a distance of 104.37’ to a capped 1/2″ iron rod set for corner, said iron rod being at the beginning of a curve to the left;

3A – 14

THENCE around a curve to the left through a central angle of 22°00’18” a radius distance of 475.00′ an arc distance of 182.43′ a chord bearing of North 32°27’47” West a distance of 181.31’ to a 1/2″ iron rod found for corner in the southeast line of said Mountain Valley Heights, Phase 1, said iron rod being at the beginning of a curve to the right;

THENCE around a curve to the right, following the southeast line of said Mountain Valley Heights, Phase 1, through a central angle of 05°17’48” a radius distance of 3155.24′ an arc distance of 291.68′ a chord bearing of North 47°12’46” West a distance of 291.58′ to a capped 1/2″ iron rod set for corner;

THENCE North 44°33’52” West, following the southeast line of said Mountain Valley Heights, Phase 1, a distance of 156.72′ to a capped 1/2″ iron rod found for corner;

THENCE North 45°26’10” East, following the southeast line of said Mountain Valley Heights, Phase 1, a distance of 423.21′ to a capped 1/2″ iron rod found for corner;

THENCE North 46°07’10” East, following the southeast line of said Mountain Valley Heights, Phase 1, a distance of 1166.23′ to the POINT OF BEGINNING and containing 1,337,921 square feet or 30.7144 acres of land.

Memorandum

Location/ Aerial Map

Street Layout

Preliminary Plat

Memorandum

Location/ Aerial Map

Final Plat

Memorandum

To:                Honorable Mayor Shetter and members of the Burleson City Council From: Aaron Russell, P.E., Director of Public Works

Date:             January 5, 2009

Subject:      Ordinance B-775-07(A0109),  amending  sections  of  Article VII  of Chapter 14 regulating the drilling and production of gas wells within the City of Burleson (First Reading) and presentation of the security status and enforcement history of well sites.

Council Action Requested:

Approve or deny Ordinance B-775-07(A0109), amending sections of Article VII of  Chapter 14, Oil and Gas, Regulating the Drilling and Production of Gas Wells within the City (First Reading).

Background Information:

On February 12, 2008, the City Council adopted Ordinance B-775-07 regulating gas drilling within the city limits of Burleson and superseding Ordinance B-761-06. While significant security and screening requirements in the new Ordinance have been well accepted by Council and the Operators, a delay in electricity extensions to remote pad site locations has resulted in a lag of the fully secure sites Council expected to achieve with the Ordinance. In addition, there continues to be a lack of self-enforcement, particularly regarding gate closures, by the Operators. These two issues repeatedly call into question the level of security at pad sites.

At the December 11, 2008 City Council meeting, the continuing issue of open gates at well sites resulted in Council’s directive to staff to:

1)     revise the gas well Ordinance immediately to remove the three (3) day cure period currently required before citations can be issued for gate closure violations;

2)     begin issuing citations for gate closure violations on the first offense, and;

3)     present data on the status of security at well sites and the enforcement history of the Ordinance.

1. A.    Proposed Amendments to Ordinance B-775-07

As requested, the Ordinance has been revised. The changes made will streamline the permitting and enforcement of the regulations it contains. Ordinance B-775-07  is  attached with amendments reflected. The following is a summary of the revisions proposed to the Ordinance:

1)   The three (3) day cure period required for violations of any type has   been revised to allow immediate issuance of violations for gate closure and any other security breach. The statement has been revised to read as follows: “In no event, however, shall the cure period be less than   three (3) days unless the failure presents a violation of the noise provisions, a violation of physical barrier site security  requirements  (such as gate closure), a risk of imminent destruction of property or   injury to persons or unless the failure involves the Operator’s failure to provide periodic reports as required by this Ordinance. “

2)   The Ordinance language has been revised to allow administrative approval of gas well permits that meet the requirements set forth in the ordinance. Permits that do not meet the Ordinance and require a variance, or other permits determined by the City Manager to require Council approval will continue to be brought to Council.

During the ten (10) months since the Ordinance B-775-07, has been in place, thirty-nine

(39)  permits have been presented to Council. Of those 39, thirty-one (31), or 80%, were approved as presented – with no additional conditions placed on  the  permit  beyond those presented by staff.  Of the eight (8) permits on which Council added conditions,  they break down as follows:

• four (4) required the addition of sound walls
• one (1) required additional traffic hour restrictions
• one (1) required dust mediation to be approved by staff
• one (1) required increased landscaping to be approved by staff, and
• one (1) required the payment of previously negotiated damages to associated city property prior to permit issuance.

On an additional permit, Council approved a landscaping  variance  with  added conditions. A complete summary of permits and conditions is provided in the attached Table A.

The issues raised by Council and the conditions added to permits have followed a fairly consistent pattern. Additional sound walls have typically been required when homes  were within 1000 feet of the wellheads. In addition, Council has routinely accepted the request of surface owners to allow encroachment into the setback requirements when  the Operator has presented waiver request letters from the affected residents.

To address these concerns and incorporate Council established precedents, the Ordinance setback requirements have been revised as follows:

“Well setback and sound attenuation wall requirements.

1. It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:

1. Within five hundred (500) feet from any building or outdoor facility used, or designed and intended to be used, for a residence, religious institution, public building, public gathering area, hospital building or public or private school unless a notarized distance waiver request is submitted by the surface owner.

1. Within five hundred (500) feet of a residential lot line as shown on  a recorded final plat or an approved and unexpired preliminary  plat, unless the lot is contained in the lease unit and the surface and mineral owner are the same; or unless a notarized distance waiver request is submitted by the surface owner;

1. Within one-hundred (100) feet of any public street, road, highway  or future street, right-of-way.

1. Sound attenuation walls, of a height to be determined by the Gas Well Inspector, but in no case less than sixteen (16) feet tall, shall  be  erected prior to beginning any drilling operations on any side of the pad site where a wellhead is located:

1. Within one thousand (1000) feet from any building or outdoor facility used, or designed and intended to be used, for a residence, religious institution, public building, public gathering area, hospital building or public or private school.

1. Within five hundred (500) feet from any building not included in (a.) above, except that an industrial use building  shall  not  require sound attenuation walls.

Dust control measures have also been a consistent concern of Council. A study of effective, environmentally safe dust control measures is currently underway, and recommended revisions will be included as part of the future Ordinance revision expected to be presented to Council in March/April 2009.   To address immediate   dust concerns, the following is proposed for this Ordinance revision:

9. Dust Control. All unpaved private  roads  and  driveways  used  for access to the drill site and operation site shall be coated with emulsified asphalt or approved equal prior to commencement of  drilling operations. Operators shall follow manufacturer’s application and maintenance schedule or re-apply agent as directed by City Manager or designee.

1. B.   Ordinance Enforcement History

The information below presents a status report on security at gas wells and enforcement history of the gas well Ordinance B-775-07, approved by Council on February 12, 2008 and effective on February 28, 2008. With this Ordinance, the increased security and landscaping requirements went into  affect,  significantly  raising the level of accountability on Operators and enforcement requirements of the Gas Well Inspector.

The current Ordinance (Sec. 14-363) requires all sites to have:

1. Perimeter fencing. Within thirty (30) days after production capability has been established, if there are no additional active permits on the drill site, the  perimeter of the drill site shall be enclosed by a permanent fence unless otherwise agreed to. In most locations, the perimeter fence shall be constructed

of chain link.    However, in certain urban locations, at the discretion of City Council, a masonry wall or wrought iron fence may be required.

1. Security system. Within ten (10) days of completion of the perimeter fencing, all sites shall have a fully operational security system that meets the following requirements:”

During drilling operations, sites are required to have a vehicular gate at the access road and either a perimeter fence, 24-hour security, or on-site personnel.

Gas Well Site Enforcement

To begin enforcement of B-775-07, initial compliance inspections of every pad site were performed by the Gas Well Inspector in  February,  March and April.  On  April 25, 2008, twenty-five (25) initial Notice of Violation letters were sent to Operators. In these letters, Operators were given a detailed listing of violations, and a deadline to come into compliance.  Of these 25 sites, 15 were compliant by the deadline.   With   all sites except one (1), the Operators had shown good faith efforts,  and  were  allowed additional time to comply, with the added  requirement  that  bi-weekly  updates be provided to the Gas Well Inspector.

The one (1) site that is non-complaint with B-775-07 is the Llano Group Burleson     917 pad site. This site was annexed with the recent IH35 corridor acquisition. The Llano Group was sent a Notice of Violation on April 25, 2008. No response was received and no remedial work was begun on the site. A second notice requesting contact to discuss the concerns was sent on July 25th. Again, no response was received. On August 11, an Administrative Citation, including a $20,000 fine was prepared and submitted to the City attorney for review. The attorney’s response was that due to grandfather provisions, the security standards were non-enforceable on  this site. The Ordinance requirement can only legally be enforced on those sites obtaining permits after the effective date of the Ordinance.

Of the nine (9) sites initially not in compliance, two (2) have since become active drill sites again, and therefore are required to have only a vehicular gate at the access  road and either a perimeter fence, 24-hour security, or on-site personnel. The

remaining seven (7) sites are fully fenced and secured, but not fully compliant with   the B-775-07 security system provisions due to electricity issues. These sites are either in the process of obtaining easements from private property owners for the electric lines, or have an active order with electricity providers waiting for lines to be run to the sites. However, only two (2) of these sites were permitted under the B- 775-07 Ordinance and are legally out of compliance at this time. The remaining five

(5) sites requiring electricity were either permitted under the previous ordinance or annexed, and are not out of compliance under those provisions.

Gate Closure Issues

Per the current Ordinance, a three (3) day cure period is required once the Operator   is notified of a violation.  Always, if the Gas Well Inspector finds an open gate, the  gate is shut immediately and the Operator is notified.  Since the gate was shut, there  is no citation issued because the violation has been cured. To date, fifteen (15) Notices of Violation for open gates have been issued and two (2)  Citations  have  been issued for repeat offenses of gate closure violations. The observations of the  Gas Well Inspector are that with increasing consistency, Operators are actively attempting and are being largely successful in addressing the open gate issue with their subcontractors. It remains a concern, and the ability to immediately  issue citations will assure Operators understand the serious intent of Council and the Gas Well Inspector to achieve secure well sites.

Security Compliance Status

There are forty nine (49) pad sites in the city limits. Of  those,  eight  (8)  were  annexed and ten (10) were permitted under the previous Ordinance, leaving thirty-  one (31) sites required to meet the B-775-07 standards.   By percentages, 64% of    our sites are required to meet B-775-07 standards, 20% are required to meet the old Ordinance (B-761-06) standards and 16% are annexed in and grandfathered, not required to meet Ordinance standards. However, due to excellent working relationships with and cooperation from Operators, 100% of sites are compliant with their required standards, and in fact, forty-eight (48) sites, or 98%, are either in compliance with the requirements with B-775-07, or will be when electricity is available. A detailed breakdown of each site is attached as Table B. The following table summarizes this information.

Status Summary

In the ten (10) months since Ordinance B-775-07 was passed, twenty-nine (29), or 59% of our well sites have been fully enclosed and secured with internal and  perimeter fences and gates. Twelve (12) of those have active 24  hour  off-site  security monitoring, and nine (9) more will have monitoring as soon as electrical easements and backlogs are completed. Seven (7) of our sites have operational security cameras, although the camera is only required at one (1) of those sites. As drilling is completed on the nineteen (19) active drill sites, more and more sites will become fully enclosed and secured. And as new permits are issued, Operators are now aware of the Ordinance requirements and can plan ahead for  electric  easements, fencing and landscape buffers that have caused some delays in meeting the provisions in B-775-07.

Once power is established to the remaining well sites, we will have achieved 98% compliance with Ordinance B-775-07, although only 64% of our sites and Operators are required to meet those significantly increased standards. Well sites in Burleson  are immeasurably more secure than they were one year ago. There are  improvements to be made, but the pictures below illustrate the impact Ordinance B- 775-07 has had on well sites within the City of Burleson.

ETJ Well Site within ½ mile of Little Buddy Site

Little Buddy Well Site in City of Burleson (Annexed site)

Board/Citizen Input:

N/A

Financial Considerations:

There is no expenditure of municipal funds associated with this item.

Attachments:

1. Table A – Permits
2. Table B – Pad Site Status Chart
3. Proposed Ordinance B-775-07(A0109)

Staff Contact:

Laura E. Melton, P.E.

817-447-5400 ext 298

lmelton@BurlesonTx.com

Attachment 1: Permits and Conditions (Table A)

Attachment 2: Pad Site Status Chart (Table B)

Attachment 3: Proposed Ordinance B-775-07(A0109)

ORDINANCE B-775-07(A0109)

AN ORDINANCE OF THE CITY OF BURLESON AMENDING B-775-07, ARTICLE VII OF CHAPTER 14, OIL AND GAS, REGULATING THE DRILLING AND PRODUCTION OF GAS WELLS WITHIN THE CITY OF BURLESON CODE OF ORDINANCES ; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING  FOR  PUBLICATION;  AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on January 8, 2004, the City Council adopted Ordinance Number B- 710 regulating gas drilling within the city limits of Burleson; and

WHEREAS, on December 14, 2006, the City Council adopted Ordinance Number B-761-06, regulating gas drilling within the City of Burleson and superseding Ordinance B-710; and

WHEREAS, on February 12, 2008, the City Council adopted Ordinance Number B-775-07, regulating gas drilling within the City of Burleson and superseding Ordinance B-761-06; and

WHEREAS, the City Council directed staff to study revisions to the gas drilling Ordinance that would improve the quality of life for those  citizens  working  and  living near the drilling sites; and

WHEREAS, the City Council finds that the regulation of the development of gas and other hydrocarbon substances within and under the City is necessary in order to protect the surface property rights, to protect the owners of mineral rights and to provide for the safe and orderly exploration, development, and production of gas; and

WHEREAS, it is advisable to amend the current regulations for the drilling, production and re-drilling of gas so that these activities may be conducted in a manner that protects the public health, safety and welfare of the citizens of Burleson, conforms with established codes and regulations while minimizing the potential impact of surface property and mineral rights owners; and

WHEREAS, the provisions set forth in Chapter 14 Article VII shall be considered the minimum requirements for the development of gas and  other  hydrocarbon substances within and under the City and shall not relieve any person from any duty imposed by law to use reasonable care and precautions for the safeguarding of people and the protection of and noninterference of property rights;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS:

SECTION 1

Chapter 14, Article VII “Oil and Gas” of the Code of Ordinances of Burleson,   Texas is hereby reads as follows:

ARTICLE VII. GAS DRILLING AND EXPLORATION

DIVISION I.  General

Sec. 14-351. Purpose.

The exploration, development, and production of gas in the city is an activity which necessitates reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this Ordinance to establish reasonable and uniform limitations, safeguards and regulations for  present  and  future operations related to the exploring,  drilling,  developing,  producing,  transporting and storing of gas and other substances produced in association with   gas within the city to protect the health, safety and general welfare of the public; minimize the potential impact to property and mineral rights owners,  protect  the quality of the environment and encourage the orderly production of available mineral resources.

Sec. 14-352. Definitions.

Terms, words, phrases and their derivatives used, but not specifically defined in this division, shall have the meanings defined in the American Heritage Dictionary of the English Language, Third Edition.  Words used in the singular include the plural and  the plural the singular. Words used in the masculine gender  include  the  feminine  and the feminine the masculine.  For purposes  of this article, the following terms   shall have the following meanings, unless the context clearly indicates  that  a  different meaning is intended.

Abandonment. As defined by the Texas Railroad Commission and includes the plugging of the well and the restoration of any well site as required  by  this  Ordinance.

Ambient noise level. The all encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location,  constituting the normal or existing level of environmental noise at a given location.

Berm.  A  mound of soil used to obstruct a view.  The  side slope of a berm shall  be  no steeper than four foot horizontal to one foot vertical.

Blowout preventer. A mechanical, hydraulic, pneumatic or other  device  or combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith, which can be closed around

the drill pipe, or other tubular goods which completely close the top of the casing and are designed for preventing blowouts.

Building. Any structure used or intended for supporting or sheltering any use or occupancy. The term “building” shall be construed as if followed by the words “or portions thereof.”

City. The City of Burleson, Texas.

City Code. The Code of Ordinances of the City of Burleson, Texas. City Attorney. The City Attorney of the City of Burleson, Texas.

City Manager. The City Manager of the City of Burleson, Texas or any other person designated by the City Manager to act on his behalf.

Closed loop mud system. A system utilized while drilling so that reserve pits are not used and instead steel bins are used to collect all drilling waste.

Commission. The Texas Railroad Commission and all state rules.

Completion of drilling, re-drilling and re-working. The date the work is completed for the drilling, re-drilling or re-working and the crew is released by completing their     work or contract or by their employer.

Decibel (db). A unit for measuring the intensity of a sound/noise

Derrick. Any portable framework, tower, mast and/or structure which is required or used in connection with drilling or re-working a well for the production of gas.

Drilling. Digging or boring a new well for the purpose of exploring for, developing or producing gas or other hydrocarbons, or for the purpose of injecting gas, water or    any other fluid or substance into the earth.

Drilling equipment. The derrick, together with all parts of and appurtenances to such structure, every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling.

Drill site. The pad used during the drilling or re-working of a well or wells and subsequent life of a well or wells or any associated operation.

Emergency. An event or situation that could result in injury, death or  property  damage.

Exploration. Geologic or geophysical activities, including seismic surveys, related to the search for gas or other subsurface hydrocarbons.

FEMA. The Federal Emergency Management Agency.

FIRM. Flood Insurance Rate Map.

Fire Department. The Fire Department of the City of Burleson.

Frac or fracing. The process of fracture stimulation a rock formation.

Gas. Any fluid, either combustible or noncombustible, which  is  produced  in  a  natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions and/or the gaseous components or vapors occurring in or derived from petroleum or natural gas.

Gas well.  Any well drilled, to be drilled, or used for the intended or actual production  of natural gas.

Nighttime. The period between 10:00 p.m. and 7:00  a.m on weekdays, and 6 p.m.  and 7 a.m. on weekends.

Operation site. The area used for development and production and all operational activities associated with gas after drilling activities are complete.

Operator.  The person listed on the Railroad Commission Form W-1 or Form P-4 for   a gas well that is, or will be, actually in charge and in control of drilling, maintaining, operating, pumping or controlling any well, including, without limitation, a unit  Operator. If the Operator, as herein defined, is not the lessee under a gas lease of  any premises affected by the provisions of this Ordinance, then such lessee shall   also be deemed to be an Operator. In the event that there is no gas lease relating to any premises affected by this Ordinance, the owner of the fee mineral estate in the premises shall be deemed an Operator.

Permit. A Gas Well Permit or Gas Well Permit for Multiple Wellheads.

Person. Both the singular and the plural of a natural person, a corporation,  association, guardian, partnership, receiver, trustee, administrator, executor, and fiduciary or representative of any kind.

Property owner. The owner of the surface property.

Public building. All buildings used or designed to and intended to be used for the purpose of assembly of persons for such purposes as deliberation, entertainment, amusement, or health care. Public buildings include, but shall not be limited to, theaters, assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls, museums, gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants, shopping malls, stores, and hospitals.

Public park. Any land area dedicated to and/or maintained by the City for traditional park-like recreational purposes, but shall not include privately-owned parks or privately-owned or privately-managed golf courses.

Re-drill. Re-completion of an existing well by deepening or sidetrack operations extending more than one hundred fifty (150) feet from the existing well bore.

Residence. A house, duplex, apartment, townhouse, condominium, mobile home or other building designed for dwelling purposes, including those for which a building permit has been issued on the date the application for a Gas Well Permit is filed with the City.

Re-working.   Re-completion or re-entry of existing well within the existing bore hole   or by deepening or sidetrack operations which do not extend more than one hundred fifty (150) feet from the existing well bore, or replacement of well liners or casings.

Right-of-way. Public rights-of-way including streets, easements and other property within the city and which is dedicated to the use and benefit of the public.

School. Any public and private, primary and secondary  educational  facilities  providing education up through and including the twelfth grade level and any day    care centers licensed by the State of Texas that provides care, training, education, custody, treatment or supervision for more than six children under 14 years of age, and for less than 24 hours per day.

Street. Any street, highway, sidewalk, alley, avenue, recessed parking area or other public right-of-way, including the entire right-of-way.

Tank. A container, covered or uncovered, used in conjunction with the drilling or production of gas or other hydrocarbons for holding or storing fluids.

Technical advisor. Such person(s) familiar with and educated in the gas industry or  the law as it relates to gas matters that may be retained from time to time by the     City.

Well. A hole or holes, bore or bores, to any horizon, formation, or strata for the purpose of producing gas, liquid hydrocarbon, brine water or sulfur water, or for use  as an injection well for secondary recovery, disposal or production of gas, or other hydrocarbons from the earth.

Sec. 14-353. City Manager.

1. The City Manager shall have the authority to issue any orders or directives required to carry out the intent and purpose of this Ordinance and its particular provisions.  Failure of any person to comply with any such order  or directive shall constitute a violation of this Ordinance.

1. The City Manager shall have the authority to enter and inspect any  premises covered by the provisions of this Ordinance to determine compliance with the provisions of this Ordinance and all applicable laws, rules, regulations, standards or directives of the State and to issue

citations for violations of this Ordinance. Failure of any person to permit access to the City Manager shall constitute a violation of this Ordinance. The City Manager may conduct periodic inspections of all permitted wells   in the city to determine that the wells are operating in accordance within proper safety parameters as set out in this Ordinance and all regulations    of the Commission.

1. The City Manager shall have the authority to request and receive any records, including any records sent to the Commission, logs, reports and  the like, relating to the status or condition of any permitted well necessary  to establish and determine compliance with the applicable Gas  Well  Permit. Failure of any person to provide any such requested material shall be deemed a violation of this Ordinance.

1. The City Manager shall have the authority to allow alternatives to the technical standards of this Ordinance related to public safety and welfare, such as new technology, if the Operator has demonstrated to the City Manager’s satisfaction that the alternatives provide equal or greater protection of the environment or public.

Sec. 14-354. Operator’s Agent.

Every Operator of any well shall designate an agent upon whom all orders and notices provided in this Ordinance may be served in person or by registered or certified mail.  Every Operator so designating such agent shall within ten (10)   days notify the City Manager in writing of any change in such agent or such  mailing address unless operations within the City are discontinued.

Sec. 14-355. Technical Opinion and Report.

To determine the acceptability of technologies, processes, products, facilities, materials and uses as they pertain to gas matters, the City Manager is authorized to require the Operator to provide, without charge to the City, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the City Manager.   The opinion and report shall analyze the properties of the technology, process, product, facility, material or use and provide a recommendation as to its applicability in the Operator’s  particular set of  circumstances.  The City Manager is authorized to require design submittals to be prepared by, and bear the stamp  of, a registered design professional.

DIVISION II. Gas Well Permits Sec. 14-356. Gas Well Permit required.

1. A person wanting to engage in and operate in gas  production activities  shall apply for and obtain a Gas Well Permit as required  by  this  Ordinance.  It shall be unlawful for any person acting either for himself or

acting as agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, re-  working, fracturing or operation of any such well or to conduct any activity related to the production of gas without first obtaining a Gas Well Permit issued by the City in accordance with this Ordinance. Such activities include, but are not limited to re-working, initial site preparation, drilling, operation, construction of rigs or tank batteries,  fracturing  and  pressurizing.

1. The Operator must apply for and obtain a Gas Well Permit for the drilling, re-drilling, deepening, re-entering, activating or converting of  each  well. The Operator may apply for and obtain a Gas Well Permit for Multiple Wellheads for more than one well located on the same drill site. All wells covered by the Gas Well Permit for Multiple Wellheads shall be described  in the application.

1. Gas Well Permit applications that do not fully meet all requirements set  forth in this Ordinance will require a Gas Well  Ordinance  Variance  Request letter to be submitted with the application.  The  letter  shall  request a variance from the Ordinance and clearly state the nature and reason for the Variance. All gas well permit applications with a Gas Well Ordinance Variance Request will require approval through the City Council public hearing process.

1. An Operator shall obtain a new Gas Well Permit in accordance with the provisions of this Ordinance if the Operator is re-entering and drilling an abandoned well.

1. A person wanting to engage in and operate in gas production activities outside of the city limits of the City is not required to obtain a Gas Well Permit under this Ordinance. However, it shall be unlawful for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to utilize City owned and/or  maintained roadways for any portion of their haul route without  first  entering into Road Damage Remediation Agreement with the City, and paying the applicable Road Damage Fee as outlined in that agreement for the portion of roadways utilized for trucking activities associated with any gas production activities.

1. When a Gas Well Permit has been issued to the Operator for the drilling, re- drilling, deepening, re-entering, activating or converting of  a  well,  such Gas Well Permit shall constitute sufficient authority for drilling, operation, production gathering or production maintenance, repair,  re-working,  testing, plugging and abandonment of the well and/or any other activity associated with mineral exploration at the site of such well; provided, however, that a new permit shall be obtained before such well may be reworked for purposes of re-drilling, deepening or converting such well to

a depth or use other than that set forth in the then current permit for such well.

1. A Gas Well Permit shall automatically terminate, unless  extended,  if  drilling of the well bore has not commenced within one hundred eighty

(180) days from the date of issuance of the permit. A Gas Well Permit for Multiple Wellheads shall automatically  terminate,  unless  extended,  if drilling on at least one well included in the permit  has  not  commenced within one hundred eighty (180) days from the date of issuance of  the permit. A permit may be extended by the  City Manager  for  an additional one hundred eighty (180) days upon request by the Operator and proof     that the classification of the requested permit for such location has not changed.         For a Gas Well Permit for Multiple Wellheads,  drilling operations for all wells authorized under the permit must be commenced within (1) year from the date of permit issuance, unless a specific time  period is authorized by the City Manager or City Council as a condition of  the permit.

1. Gas Well Permits required by this Ordinance are in addition to and are not  in lieu of any permit which may be required by any other provision of the City’s Code or by any other governmental agency.

1. No additional Gas Well Permit or filing fees shall be required for the following:

1. any wells, existing, previously permitted or approved by the City, within the corporate limits of the City on the effective date of this Ordinance;   or

1. any wells at which drilling has commenced on or before the effective date of this Ordinance; or

1. any wells in existence or any wells on which drilling has commenced    on land annexed into the City after the effective date of this Ordinance; or

1. any well planned before the 90th day before the effective date of its annexation and one or  more licenses, certificates, permits, approvals,  or other forms of authorization by a governmental entity were required  by law for such well, and the completed application for the initial authorization was filed before the date the annexation  proceedings  were instituted, provided that drilling of the well commenced within 180 days from the date of annexation.

1. A Gas Well Permit shall not be issued for any well to be drilled within any floodplain identified by FEMA  on the  most current  FIRM without obtaining a floodplain development permit from the City. No permits shall be issued

for any drill site, wellhead, or any other proposed disturbance of  soil  located within any floodway identified by FEMA on the most current FIRM.

1. By obtaining a Gas Well Permit the Operator  agrees to all the provisions   of this Article with the same force and effect as if this Article were copied verbatim in such permit.

Sec. 14-357. Gas Well Permit application and filing fees.

1. Every application for a Gas Well Permit issued pursuant to this Ordinance shall be in writing signed by the Operator, or some person duly authorized  to sign on his behalf, and filed with the City Manager.

1. Every application shall be accompanied by a permit fee as set forth by the City of Burleson Fee Schedule.

1. The application shall include the following information:

1. Completed and signed application form containing at  least  the  following information: proposed well name; names, addresses and phone numbers of all the property owners of the drill site; names, addresses and phone numbers of the Operator and applicants; name and address of individual designated to receive notice; name of representative with supervisory authority over all gas operation site activities and a 24-hour phone number.

1. An accurate legal description of the lease property to be used for  the gas operation. Property recorded by plat shall reference subdivision, block and lot numbers. Unplatted property shall reference abstract numbers and survey names, and tract numbers if applicable.

1. An original, fully executed Road Damage Remediation Agreement that has been accepted by the City  and executed by  the City Manager or  his designee. If a Road Damage Remediation Agreement  has been  filed with the City, the Operator may submit a copy of that Agreement with subsequent permit applications. A  Road  Damage  Remediation Fee will apply to each Gas Well Permit.  The fee is set forth in the City  of Burleson Fee Schedule.

1. A site grading plan showing that the following requirements will be met:

1. Provide existing and proposed contours and any additional information to clearly indicate how the site will be graded. The City Engineer may approve a plan showing a cut  and  fill  diagram and flow arrows.

1. Fill material must be leveled and graded for positive drainage
2. The placement of fill material may not cause the substantial release of dust and/or odor; damage any  public improvements   or public infrastructure; result in flooding or significant increase   in runoff to adjacent properties in accordance to state law.

1. A list of owner names and the address of  every  parcel  of  property within one thousand (1,000) feet of the proposed wellhead.                                                                                              

1. A copy of the determination by the Texas Commission on  Environmental Quality (TCEQ) of the depth of useable quality ground water.

1. Evidence of insurance and surety requirements under this Ordinance.

1. A copy of the approved Commission Permit to Drill (W-1) and Pooling Certificate (P-12), together with attachments and  survey  plats  which are applicable to the drill and operation sites.

1. A copy of the Stormwater Pollution Prevention Plan as  may  be  required by the Texas Commission on Environmental Quality.  A copy   of the notice of intent, as required, shall be submitted to the City of Burleson at least three (3) days prior to the commencement of any onsite activity.

10. A copy of a completed Water Needs Questionnaire. If water is purchased from the City, and in the event of implementing a Stage 1 or higher water rationing or restriction, water service could be interrupted until the restrictions are lifted. The City reserves the right to terminate water service at any time in the event of emergency water demands.

11. A site plan or survey plat drawn to scale on a sheet size of ANSI B,  ANSI C or ANSI D, and containing the following information:

1. The names and addresses of the current Property Owner of the drill site and the Gas Well Operator.

1. The name, address and telephone number of the surveyor responsible for the site plan, which shall contain the seal of a Texas Registered Professional Land Surveyor.

1. Title block containing the proposed name of the gas well(s), acres    in lease, abstract number and survey name.

1. A location map showing the tract by reference to streets or  highways.

1. The date the site plan was prepared.
2. A written scale and graphic scale symbol and a north arrow  indicating the approximate true north.

1. The location and general outline of any existing permanent structures, parking lots, driveways, and other significant structures within five-hundred (500) feet of the wellhead.

1. The location of the city limit boundaries of the City of Burleson and any adjacent city, if applicable.

1. The location of all truck routes to the well site, commencing at the drill site and ending at an Interstate Highway or the City limits and including:

(1) a list of non-TXDOT roads that will be used, and;

(2) lengths of each public road that will be used to access the site.

1. The location and dimensions of existing or proposed driveway(s)   into the drill site. A visibility triangle is required at the intersection of the driveway with it’s access point to a public or private roadway, driveway or other access easement or alley. The visibility triangle shall measure a minimum of seven (7) feet  by sixty (60) feet from  the property corner (or edge of driveway or access easement) in each direction along the property line (or edge of driveway  or  access easement). If the proposed pad is located at any of these locations, the site plan must show these requirements will be satisfied in the permanent infrastructure.

1. The limits of the 100-year floodplain and floodway.

1. The location of the wellhead(s), labeled with NAD83 coordinates.

1. The location of lease lines, including labels showing the distance between wellheads and the lease lines.

1. The location of all existing and proposed underground pipelines on  or adjacent to the site. Any pipelines proposed in the public right- of-way shall require separate approval of an easement and right-of- way use agreement.

1. The acreage of the lease and the number of wells, if applicable, included in the Gas Well Permit application.

1. A Hazardous Materials Management Plan (HMMP) showing all hazardous materials that will be located, stored, transported and/or temporarily used on the operations site.
2. A landscape plan for the completed site, which demonstrates the requirements of 14-363(G) of this Ordinance shall be satisfied.

1. Prior to application submitted, the Operator shall erect a sign on the premises for which said permit application is being submitted. Said sign shall state that an application for a Gas Well Permit has been filed and shall also provide the telephone number and e-mail  address of the City’s webmaster (See Figure 1). The sign shall be erected on the premises at least ten (10) days prior to filing the application with the City Manager. The sign may be designed as follows:

Figure 1: Permit Application Sign

Sec. 14-358. Gas Well Permit application review procedures.

1. The City Manager may establish application submittal requirements and review procedures for Gas Well Permits. Permit applications shall not be accepted for filing until the application is complete and  the  fee  established by the City Council has been paid. Incomplete applications shall be returned to the applicant.

1. Gas Well Permit applications that fully meet the requirements set forth in this Ordinance may be approved by the City Manager.

1. Gas Well Permit applications with a Gas Well Ordinance  Variance  Request letter, and other Gas Well Permit applications determined by the City Manager to require City Council  approval shall not be forwarded to  the City Council for approval until the City Manager determines that all information required in the application by the Ordinance has been submitted and accepted, and the application has been deemed complete.

1. The operator shall hold a public meeting with the owners of real property within 1,000 feet of the wellhead. The purpose of the meeting is to give residents and property owners an opportunity to review information related

to the gas drilling permit request and to ask questions about the project or gas  drilling in general.  The meeting shall be held in the Burleson city  limits. The Operator shall be responsible  for  notice of  the public  meeting to the property owners, arranging for a meeting place, and conducting the meeting. The Operator shall notify the City Manager of the date, time and place of the meeting.

1. The City Council shall conduct a public hearingfor all Gas Well Permit applications with a Gas Well Ordinance Variance Request letter, and other Gas Well Permit applications determined by the City Manager to require Council approval at a regularly scheduled meeting  date.  The  City  Manager shall give notice of a public hearing, and notice of public hearing shall be provided in accordance with the provisions below.

1. The City shall publish a public notice in the official newspaper of the   City at least ten (10) days prior to the hearing.

1. The City shall provide written notice, by regular United States mail, to  the surface owners of real property  located  within  one-thousand (1,000) feet of the drill bore site. Notices shall be provided based on ownership as rendered in latest approved tax roll. In cases where ownership information provided with the permit application differs from the approved tax roll, notice shall be given to all parties.

1. The City Manager or City Council may approve the Gas Well  Permit  subject to terms and conditions as it determines to be necessary to protect the public health and safety.

1. In making its decision, the City Manager or City Council shall, in addition    to other considerations, have the power and authority to deny any permit    to drill any well at any particular location within the city based on any of    the following findings:

1. It is determined that drilling at a particular location may constitute a hazard to residences, commercial activities, schools, hospitals, parks, and civic purposes existing in the area surrounding the proposed drill site.

1. It is determined that drilling at a particular location may be detrimental   to the public health, safety or general welfare of the city.

1. It is determined that the drilling of such wells may conflict with  the orderly growth and development of the city.

1. It is determined that there are other alternative well site locations that would allow access to explore, develop and produce  the  mineral  estate.

Deleted: ¶

1. The Operator shall erect a sign on the premises for which said permit application has been submitted. Said sign shall state that an application for a Gas Well Permit has been filed and shall also provide the telephone number and e-mail address of the City’s webmaster (See Figure 1). The sign shall be erected on the premises at least ten (10) days prior to filing the application with the City Manager.

The sign may be designed as follows:¶

¶

Figure 1: Permit Application Sign¶

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Deleted: After conducting the public hearing, the

1. It is determined that there is not adequate access for the City fire personnel and fire fighting equipment.

1. It is determined that the impact upon the adjacent property and the general public are not reasonable and justified, balancing the following factors:

1. The right of the owners(s) of the mineral estate to explore, develop, and produce the minerals; and
2. The availability of alternative drill sites, both presently and at other times during the lease term.

1. It is determined that the location of the drill site conflicts with  the  location of future streets or expansion of existing Burleson streets or public rights-of-way.

1. The City Manager or City Council may require an increase in the operator/applicant’s proposed distance that the well is to be set back from any residence, platted residential lot, religious institution, public building, hospital building, school or public park; or other public gathering area, or require any change in operation, plan, design, layout or any change in the on-site and technical regulations in Division IV of this Ordinance.

1. The City Manager or City Council may accept, reject or modify the application in the interest of securing compliance with this Ordinance, the Code of Ordinances, and/or to protect the health, safety and welfare of the community.

1. No Gas Well Permit shall be issued until the Road Damage Remediation  Fee has been paid in full.

1. The denial  of a permit application by the City Manager  may be appealed  to the City Council following the guidelines for Appeals provided in Section 14-366.

Sec. 14-359. Suspension or revocation of Gas Well Permit</span>; issuance  of  a  citation,  effect.

1. If an Operator, or its officers, employees, agents, contractors, or representatives, fails to comply with any requirement of a  Gas  Well  Permit, including any requirement incorporated by reference as part of the Gas Well Permit, the City Manager shall give written notice  to  the  Operator specifying the nature of the failure and giving the Operator a reasonable time to cure, taking into consideration the nature and extent of the failure, the extent of the efforts required to cure, and the  potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than three (3) days  unless  the failure presents a violation of the noise provisions, a violation of physical

barrier site security requirements (such as gate closure), a  risk  of  imminent destruction of property or injury to persons or unless the failure involves the Operator’s failure to provide periodic reports as  required  by this Ordinance.

1. If the Operator fails to correct the noncompliance within the time specified by the City Manager in the notice, the City Manager may  suspend  or revoke the Gas Well Permit or issue a citation pursuant  to the provisions   of this Ordinance.

1. No person shall carry on any operations performed under the terms of the Gas Well Permit issued under  this Ordinance during any period of any   Gas Well Permit suspension or revocation or pending a review of the decision or order of the City in suspending or revoking the Gas  Well  Permit. Nothing contained herein shall be construed to prevent the necessary, diligent and bona fide efforts to cure and remedy the default or violation for which the suspension or revocation of the Gas Well Permit   was ordered for the safety of persons or as required by the Commission.

1. If the Operator does not cure the noncompliance within the time specified   in this Ordinance, the City Manager, upon written notice to the Operator, may notify the Commission and request that the Commission take any appropriate action.

1. Operator may, within thirty (30) days of the date of the decision of the City Manager in writing to suspend or revoke a Gas Well Permit, file an appeal  to the City Council under the provisions outlined in  this  Ordinance  pursuant to Sec. 14-366, “Appeals” of this Ordinance.

Sec.  14-360.      Periodic Reports.

1. The Operator shall notify the City Manager of any changes to the following information within one business week after the change occurs:

1. The name, address, and phone number of the Operator;

1. The name, address, and phone number of the person designated to receive notices from the City; and

1. The Operator’s Emergency Action Response Plan.

1. The Operator shall notify the City Manager of any change to the name, address, and 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities within one business day.

1. The Operator shall provide a copy of any “incident reports” or written complaints submitted to the Railroad Commission within thirty (30) days

after the Operator has notice of the existence of such reports  or  complaints.

DIVISION III. Insurance, Bond and Indemnity Sec.  14-361.           Bond, Indemnity, Insurance.

1. General Requirements.   The Operator shall:

1. Comply with the terms and conditions of this Ordinance and the Gas Well Permit issued hereunder.

1. Indemnify and hold harmless the City, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney’s fees, for injury to or death of    any person or for damage to any property arising out of or  in  connection with the work done by Operator under a Gas Well Permit:

1. where such injuries, death or damages are caused by Operator’s sole negligence or the joint negligence of Operator and any other person or entity; and

1. regardless of whether such injuries, death or damages are caused   in whole or in part by the negligence of Operator.

1. Promptly pay all fines, penalties and other assessments imposed due   to breach of any terms of the Gas Well Permit.

1. Promptly restore to its former condition any public property damaged    by the gas operation.

1. Bond.

1. Prior to the issuance of a Gas Well Permit the Operator shall provide  the City Manager with a security instrument in the form of a bond. The bond shall be executed through a company duly approved to transact that class of instrument in the  state of Texas and acceptable to the   City. The bond shall become effective on or before the date the Gas  Well Permit is issued and shall remain in force and effect for at least a period of six (6) months after the expiration of the Gas Well Permit    term or until the well is plugged and abandoned and the  site  is  restored, whichever occurs first. The Operator shall be listed as  principal and the instrument shall run to the City, as obligee, and shall  be conditioned that the Operator will comply with the terms and

regulations of this Ordinance and the City. The original bond shall be submitted to the City Manager.

1. Bond for Single Well. The principal amount of any security instrument shall be Fifty Thousand Dollars ($50,000) for any single well. If, after completion of a well, the Applicant/Operator, who initially posted a fifty thousand dollars ($50,000) bond, has complied with all  of  the provisions of this Ordinance and whose well in  the producing  stage  and all drilling operations have ceased, may submit a request to the   City Manager for approval to reduce the existing bond to fifteen thousand dollars ($15,000) for the remainder of the time the well produces without reworking.  During reworking operations, the amount  of the bond shall be maintained at fifty thousand dollars ($50,000).

1. Blanket Bond for Multiple Wells. An operator drilling or reworking between one and five wells at any given time may elect to provide a blanket bond in the principal minimum amount of One Hundred Fifty Thousand Dollars ($150,000).  If the operator drills or reworks more  than five wells at a time, the blanket bond shall be increased in increments of $50,000 per each additional well. Once the wells are in  the producing stage and all drilling operations have ceased, the  Operator may elect to submit a request to the City Manager  for  approval to reduce the existing bond and provide a blanket bond of seventy-five thousand dollars ($75,000) for the remainder of the time  the well produces, without reworking.

1. Whenever the City Manager finds that a default has occurred in the performance of any requirement or condition imposed by this  Ordinance, a written notice shall be given to the Operator. Such notice shall specify the work to be done, the estimated cost and the period of time deemed by the City Manager to be reasonably necessary for the completion of such work. After receipt of such notice, the  Operator  shall, within the time therein specified, either cause or require the work to be performed, or failing to do so, shall pay to the City one hundred twenty-five (125) percent of the estimated cost of doing the work as set forth in the notice. In no event, however, shall the cure period be less than thirty (30) days unless the failure presents a risk of imminent destruction of property or injury to persons or unless  the  failure  involves the Operator’s failure to provide periodic  reports  as  required by this Ordinance.

1. The City shall be authorized to draw against any bond to recover such amount due from the Operator. Upon receipt of such monies, the City shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, but no liability shall be incurred other than for the expenditure of said sum in hand.  In the  event that the well has not been properly abandoned under the

regulations of the Commission, such additional money may be demanded from the Operator as is necessary to properly plug and abandon the well and restore the drill site in conformity with the regulations of this Ordinance.

1. In the event the Operator does not cause the work to be performed    and fails or refuses to pay over to the City the estimated cost of the  work to be done as set forth in the notice, or the issuer of the security instrument refuses to honor any draft by the City against the applicable bond the City may proceed to obtain compliance and abate the default by way of civil action against the Operator, or by criminal action against the Operator, or by both such methods.

1. When the well or wells covered by said bond have been properly abandoned in conformity with all regulations of this Ordinance, and in conformity with all regulations of the Commission and notice to that effect has been received by the City, or upon receipt of a satisfactory substitute, the bond issued in compliance with these regulations shall   be terminated and cancelled.

1. Insurance.  In addition to the  bond required pursuant to this Ordinance,   the Operator shall carry a policy or policies of insurance issued by an insurance company or companies authorized to do business in Texas. In  the event such insurance policy or policies are cancelled, the Gas Well Permit shall be suspended on such date of  cancellation  and  the Operator’s right to operate under such Gas Well Permit shall immediately cease until the Operator files additional insurance as provided herein.

1. General Requirements applicable to all policies.

1. The City, its officials, employees, agents and officers shall be endorsed as an “Additional Insured” to  all  policies  except Employers Liability coverage under the Operator’s Workers Compensation policy.

1. All policies shall be written on an occurrence basis except for Environmental Pollution Liability (Seepage and Pollution coverage) and Excess or Umbrella Liability, which may be on a claims-made basis.

1. All policies shall be written by an insurer with an A- Class VIII or better rating by the most current version of the A. M. Best  Key Rating Guide or with such other financially sound insurance carriers acceptable to the City.

1. Deductibles shall be listed on the Certificate of Insurance and shall be on a “per occurrence” basis unless otherwise stipulated herein.
2. Certificates of Insurance shall be delivered to the City Manager evidencing all the  required  coverages,  including  endorsements, prior to the consideration of a Gas Well Permit.         

1. All policies shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City.

1. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement specified herein.

1. Each policy shall be endorsed to provide the City a minimum thirty- day notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in  the event of non-payment of premium.

1. During the term of the Gas Well Permit, the Operator shall report, in a timely manner, to the City Manager any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss.

1. Upon request, certified copies of all insurance policies shall be furnished to the City.

1. Standard Commercial General Liability Policy.

This coverage must include premises, operations,  blowout  or  explosion, products, completed operations, sudden and accidental pollution, blanket contractual liability, underground resources damage, broad form property damage, independent  contractors  protective liability and personal injury. This coverage shall be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage.

1. Excess or Umbrella Liability.

1. Coverage shall be $5,000,000 Excess if the Operator has a stand- alone Environmental Pollution Liability (EPL) policy.

1. Coverage shall be $10,000,000 Excess if the Operator does  not have a stand-alone EPL policy.

1. Coverage must include an endorsement for sudden or accidental pollution. If Seepage and Pollution coverage is written on a “claims made” basis, the Operator must maintain continuous coverage and purchase Extended Coverage Period Insurance when necessary.

1. Environmental Pollution Liability Coverage.

1. Operator shall  purchase  and maintain in force for the duration of  the Gas Well Permit, insurance for environmental pollution liability applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been  physically  injured or destroyed; cleanup costs; and defense, including  costs and expenses incurred in the investigation, defense or settlement of claims; all in connection with any loss arising from the insured site. Coverage shall be maintained in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $10,000,000.

1. Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors,  fumes,  acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants.

1. The Operator shall maintain continuous coverage and shall  purchase Extended Coverage Period insurance when necessary. The Extended Coverage Period insurance must provide that any retroactive date applicable to coverage under the  policy precedes the effective date of the issuance of the permit by the City.

1. Control of Well.

1. The policy should cover the cost of controlling a well that is out of control, re-drilling or restoration expenses, seepage and pollution damage as first party recovery for the Operator and related expenses, including, but not limited to, loss of equipment, experts and evacuation of residents.

1. Coverage shall be $5,000,000 per occurrence/no aggregate, if available, otherwise an aggregate of ten (10) million dollars.

1. Coverage shall be $500,000 Sub-limit endorsement may be added for damage to property for which the Operator has care, custody   and control.

1. Workers Compensation and Employers Liability Insurance.

1. Workers Compensation benefits shall be Texas Statutory Limits.

1. Employers Liability shall be a minimum of $500,000 per accident.

1. Such coverage shall include a waiver of subrogation in favor of the City and provide coverage in accordance with applicable State and Federal laws.

1. Automobile Liability Insurance.

1. Combined Single Limit of $1,000,000 per occurrence for Bodily  Injury and Property Damage.

1. Coverage must include all owned, hired and  not-owned  automobiles.

1. Certificates of Insurance.

1. The company must be admitted or approved to do business in the State of Texas, unless the coverage is written by a Surplus Lines insurer.

1. The insurance set forth by the insurance company must be underwritten on forms that have been approved by the Texas State Board of Insurance or ISO, or an equivalent policy form acceptable  to the City, with the exception of Environmental Pollution Liability  and Control of Well coverage.

1. Certificates shall set forth all endorsements  and  insurance  coverage according to requirements and instructions contained herein.

1. Shall specifically set forth the notice of cancellation, termination, or change in coverage provisions to the City. All policies shall be endorsed to read “THIS POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED”.

1. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance.

1. Indemnification and Express Negligence Provisions.

1. 1.   In submitting a Gas Well Permit application, the Operator agrees to the following indemnification: Operator does hereby expressly release and discharge, all claims, demands, actions, judgments, and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the City of Burleson, and/or    its departments, agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries  to  property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the Operator under a Gas Well Permit. The Operator shall fully defend, protect,

indemnify, and hold harmless the City of Burleson, Texas, its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against  each  and  every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the City of Burleson, Texas, its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or  asserted  by  Operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to  or  in  connection with the performance of the work performed by the Operator under a Gas Well Permit. The Operator agrees to indemnify and hold harmless the City of Burleson, Texas, its departments, its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the City, its departments, its officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the City of Burleson occurring on the drill site or operation site in the course  and  scope of inspecting and permitting the gas wells  including,  but not limited to, claims and damages arising in whole  or  in  part from the negligence of the City of Burleson occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells. It is understood and agreed that the indemnity provided for in this section is  an  indemnity extended  by the operator to indemnify and protect the City of Burleson, Texas and/or its departments, agents, officers, servants, or employees from the consequences of  the negligence of the City   of Burleson, Texas and/or its departments, agents, officers, servants, or employees, whether that negligence is the sole or contributing cause of the resultant injury, death, and/or damage.

1. Acceptance and Indemnity Agreement. The Operator who has a net worth  of not less than twenty-five million dollars ($25,000,000), as shown in such Owner’s or Operator’s most recent audited financial statements, may substitute an acceptance and indemnity agreement in lieu of the bond and insurance requirements set forth in this Ordinance, provided that such acceptance and indemnity agreement shall be in a form acceptable to,    and approved by, the City Attorney and the Director of Human Resources  of the City. The City Manager may request an annual review of the Operator’s most recent audited financial statements to assure compliance with this section.

DIVISION IV. Technical Regulations Sec. 14-362. Technical Regulations.

1. On Site Requirements. The following requirements  shall  apply  to  each gas drilling site.

1. Abandoned wells. All wells shall be abandoned  in accordance with  the rules of the Railroad Commission and pursuant to Section 14-365 of this Ordinance.

1. Blowout prevention. In all cases, blowout prevention equipment shall be used on all wells being drilled, worked-over or in which tubing is being changed. Protection shall be provided to prevent  blowout  during gas operations as required by and in conformance with the requirements of the Commission and the recommendations of the American Petroleum Institute. The Operator must equip all  drilling wells with adequate blowout preventers, flow lines and valves commensurate with the working pressures involved as required by   the Commission.

1. Chemical and materials storage. All chemicals and/or hazardous materials shall be stored in such a manner as to prevent, contain,    and facilitate rapid remediation and cleanup of any accidental spill, leak, or discharge of a hazardous material. Operator shall have all material safety data sheets (MSDSs) for all hazardous materials on site. All applicable federal and state regulatory requirements for the proper labeling of containers shall be followed. Appropriate pollution prevention actions shall be required and include, but are not limited   to, chemical and materials raised from the ground (e.g., wooden pallets), bulk storage, installation and maintenance of secondary containment systems, and protection from storm water and weather elements.

1. Compliance. Operator shall comply at all times with all applicable federal, state and City requirements.

1. Discharge. No person shall place, deposit, discharge, or cause or permit to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substances or any refuse including wastewater or brine from any gas operation or the contents  of any container used in connection with any gas operation in, into, or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain or any body of water or any private property in the City.

1. Drill stem testing.   All open hole formation or drill stem testing shall   be done during daylight hours. Drill  stem tests  may be conducted  only if the well effluent during the test is produced through an  adequate gas separator to storage tanks  and the effluent  remaining  in the drill pipe at the time the tool is closed is flushed to the surface  by circulating drilling fluid down the annulus and up the drill pipe.

1. Drip pans and other containment devices. Drip  pans,  absorption  pads and other containment devices as approved by the Gas Well Inspector shall be placed or installed underneath  all  tanks,  containers, pumps, and lubricating oil systems. Containment devices shall also be properly installed below engines, fuel and chemical storage tanks, system valve connections, and any other areas or structures that could potentially leak, discharge or spill hazardous liquids, semi-liquids or solid waste materials including hazardous  waste inseparable by simple mechanical removal processes.

1. Drive approach. A permanent drive approach, meeting the  City  design requirements, shall be constructed at the entrance of the access road onto a public street within sixty (60)  days  after  operations have ceased or at the request of the City Manager. If the drive approach is located on a State maintained roadway, additional approval of the drive approach shall be required by TXDOT.

10. Dust Control. All unpaved private roads and  driveways  used  for access to the drill site and operation site shall be coated with emulsified asphalt or approved equal prior to commencement of  drilling operations. Operators shall follow manufacturer’s application and maintenance schedule or re-apply agent as directed by City Manager or designee.

1. Dust, vibrations and odors.  All equipment used shall be so constructed and operated so that vibrations, dust, odor or other harmful or annoying substances or effect will be minimized by the operations carried on at any drilling or production site or from  anything incident thereto, to the injury or annoyance of persons living in the vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in industry standards of drilling and production in this area shall be adopted as they become available if capable of  reducing factors of dust, vibration and odor.

1. Electric lines. All electric lines to production facilities shall be located  in a manner compatible to those already installed in the surrounding area or subdivision.

1. Electric motors. Only electric prime movers or motors shall be permitted for the purpose of pumping wells.  No electric power shall   be generated on location. All electrical installations and equipment shall conform to the City Ordinances and the appropriate national codes.
2. Emergency Action Response Plan. Prior to the  commencement  of any gas or other hydrocarbons production activities, Operator shall submit to the Fire Marshal and City Manager an Emergency Action Response Plan establishing written procedures to minimize  any hazard resulting from drilling, completion or producing of gas wells.

1. Explosives. Use of explosive charges within the City limits shall  require approval by the Fire Marshal.

1. Fire notice. A “Muster Point” sign shall prominently be posted at the entrance of the drill site and the Fire Marshal shall be notified of its location. The sign shall be metal and mounted on a steel post. The sign shall be white in color with red letters that are a minimum of 8” tall.  In the event of a fire or discovery of a fire, smoke, or unauthorized release of flammable or hazardous materials on any property, the Operator shall immediately report such condition to the fire department and all capable persons on the drill site shall immediately report to the Muster Point.   The Operator shall instruct all persons who go on the drill site of this emergency procedure prior to their entrance onto the drill site.

1. Fire prevention; sources of ignition. Firefighting apparatus and  supplies as approved by the Fire Department and required by any applicable federal, state, or local law shall be provided by the  Operator, at the Operator’s cost, and shall be maintained on the  drilling site at all times during drilling and production operations. The Operator shall be responsible for the maintenance and  upkeep  of such equipment. Each well shall be equipped with  an  automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an appropriately labeled emergency shut off valve to the well distribution line.

1. Fracing Operations. All formation  fracture  stimulation  operations  shall be conducted during daylight hours unless the Operator has notified and obtained permission from the City Manager  for  operations during nighttime hours. At no time shall the well  be  allowed to flow or vent directly to the atmosphere without  first  directing the flow through separation equipment or into a  portable tank.

1. Gas lift compressor. Any onsite compressor used to ‘lift gas’ shall be designed to comply with the noise requirements of this Ordinance.

1. Gas emission or burning restricted. No person shall allow, cause or permit gases to be vented into the atmosphere or to be burned by open flame except in an emergency situation. If  an  emergency  occurs and gases must be burned or vented into the atmosphere,

then such vent or open flame shall be located within one hundred twenty five (125) feet of the wellhead.

1. Gas processing onsite.  Except for a conventional gas separator or  line heater, no refinery, processing, treating, dehydrating  or  absorption plant of any kind shall be constructed, established or maintained on the premises unless approved as part of the Gas Well Permit.

1. Grass, weeds, trash.  All drill  and operation  sites shall be kept  clear of high grass, weeds, and combustible trash.

1. Hazardous Materials Management Plan. A Hazardous Materials Management Plan (HMMP) shall be submitted with each application and also kept on file at each drill site with all Material Safety Data Sheets (MSDS) for all hazardous materials that will be  located,  stored, transported and/or temporarily used on the operations site,  and shall immediately be made available to the City Manager or Fire Marshal upon their request to inspect any aspect of either the plan or data sheets.

1. Lightning arrestor. All drill sites shall be equipped with a lightning arrestor system satisfying industry standards.

1.   Lights. No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site.   To the extent practicable, and taking   into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within three hundred (300) feet.

1. Muffling exhaust. Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels, used  in  connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless it is equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and disruptive vibrations and prevent the escape of obnoxious gases, fumes or ignited carbon or soot.

1. Notice of activities. The Operator shall provide 48-hour notice to the Fire Marshal and the city Gas Well Inspector before the start of any    of the following operations by either e-mail with a return receipt requested or by fax:

1. Initial construction of drill site and access roadway
2. Completion of drill site and access roadway

1. Start of drilling operations

1. Perforation of casing (as explosives may be located or stored on the site)

1. Fracturing of the well

1. Setting the wellhead valves and equipment

1. Pits.  The following regulations shall apply for pits  used for drilling   and completion operations:

1. Lined earthen mud or circulating pits or a closed loop mud system shall be used.

1. All pits and contents shall be dewatered, backfilled  and  compacted following the schedule established by the statewide rules of the Railroad Commission.

1. No drill cuttings, rotary mud or wastewater generated during the drilling operations may be buried on the site unless permitted by  the Railroad Commission and approved by the City Manager after submission of an acceptable pre-burial test.

1. No pit shall be placed in a floodplain without obtaining a floodplain development permit .

1. The fresh water fracing pit shall be enclosed with open design chain link fencing on all unsecured sides. No fresh water pit may  be placed in any City-recognized drainage way, FEMA floodplain  or floodway. Construction of the fresh water fracing pit must  comply with any city, state or federal regulations.

1. No flowback waste water produced by fracing operations shall be placed in any open pit without a copy of a valid State permit submitted to the City Manager.

1. Fresh water fracing pits that are not transferred to the surface owner shall be closed and the site restored within one hundred twenty (120) days after completion operations have  ceased,  unless extended by the City Manager.

1. Private roads and drill sites. All private roads used for access to the drill site and the operation site itself shall be at least twenty-four (24) feet wide, drain appropriately, have an overhead clearance  of  fourteen (14) feet and shall be surfaced with a crushed rock, gravel

or ore and maintained to prevent dust and mud. All roads shall be watered or wetted to minimize dust.

1. Salt water wells. No salt water disposal wells or any other injection- type wells shall be located within the City of Burleson.

1. Shakers. A shaker system, as shown in Figure 2, shall be installed where well property fronts and provides direct access to city or state roads. All trucks exiting such properties, including all vehicles  weighing five thousand (5,000) pounds or more must have all of their tires driven over the installed shaker system immediately before  exiting such properties to the city or state roads. The shaker system must minimally be eighteen (18) feet in length  and  be  sufficiently wide enough to provide easy access for all required vehicles.

Figure 2: Shaker System

1. Signs.

1. A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing (See Figure 3: Gate Sign). Such sign shall be durable material, maintained in good condition and, unless otherwise required by  the  Commission,  shall have a surface area of not less than two (2) square feet or more than four (4) square feet and shall be lettered with the following. Signs may be designed as show below.

(1)  The emergency 911 number (2)Well name and number

(3) Name of Operator;

(4) The address of the well site, as assigned by the City

(5) A 24-hour emergency contact number of the Operator;

(6) Telephone numbers of two (2) persons responsible for  the well, who may be contacted twenty-four (24) hours a day in case of emergency

Figure 3: Gate Sign

1. Permanent weatherproof signs reading “DANGER  NO  SMOKING”, in both English and Spanish as shown in Figure 4, shall be posted during all gas well operations at the entrance of each site and tank battery and in any other location approved or designated by the Fire Marshal. Sign lettering shall be four (4) inches in height and shall be red on a white background or white  on a red background. Signs may be designed as show below.

Figure 4: Danger No Smoking Signs

1. The appropriate National Fire Prevention Association (NFPA) fire diamond hazard placard shall be place on each storage tank.

1. “Non-Potable Water” signs shall be displayed on all tanks containing non-potable water.

1. Storage of equipment. On-site storage is prohibited on the operation site. No equipment shall be stored on the drilling or production operation site, unless it is necessary to the everyday operation of the well. Lumber, pipes, tubing and casing shall not be left on the

operation site except when drilling or well servicing operations are being conducted on the site.

No vehicle or item of machinery shall be parked or stored on any street, right-of-way or in any driveway, alley or  upon any operation  site which constitutes a fire hazard or an obstruction  to  or  interference with fighting or controlling fires except that equipment which is necessary for drilling or production operations on the site.  The Fire Marshal shall be the entity that determines whether equipment on the site shall constitute a fire hazard.

1. Storage tanks.  All tanks and permanent structures shall conform to  the American Petroleum Institute (A.P.I.) specifications unless other specifications are approved by the Fire Marshal. All storage tanks  shall be equipped with a secondary containment system. The secondary containment system shall be a minimum of  three  feet (3’) in height and have a volume of one and one-half (1½) times the contents of the largest tank in accordance with the Fire Code, and  shall be buried at least one foot (1’) below grade and lined with a leak proof barrier. Drip pots shall be provided at the pump out connection  to contain the liquids from the storage tanks.

1. Soil sampling. If reserve pits, completion/work pits, drilling fluid disposal pits, fresh makeup water pits, gas  plant  evaporation/retention pits, mud circulation pits, washout pits, or water condensate pits are constructed, operated, or maintained on the drill  or well site and are not stored above ground in tanks, the City  Manager shall have the discretion to require the well operator to perform a soil contamination assessment. All soil contamination assessments will abide by the State soil concentrations standards.

1. Surface casing. Surface casing shall be run and set in  full  compliance with the applicable rules and regulations of the Commission.

1. Tank battery equipment. All tank battery facilities shall be equipped with a remote foam line arrestor system. A sign shall be erected to clearly indicate the location of the foam line arrestor system. All connections and the sign for the remote foam line arrestor system  shall meet industry specifications and be approved by the Fire Marshal’s Office.

1. Valves. Each well must have a shut-off valve to terminate the well’s production.  The valve shall  be clearly identified and labeled.  The  Fire Department shall have access to the well site and the shut-off valve in an emergency.
   1. Visibility triangle.  If the location of the well pad is at the intersection   of a public street and another public street, a driveway, or an access easement or an alley, the Operator must at all times  ensure  a  visibility triangle measuring a minimum of seven (7) feet by sixty (60) feet from the property corner (or edge of driveway or access easement) in each direction along the property line (or edge of driveway or access easement) is neither temporarily nor permanently obstructed. The visibility triangle distances shall be increased as required to meet AASHTO sight visibility requirements  for intersections on horizontal or vertical curves.

1. Waste disposal. Unless otherwise directed by the Commission, all tanks used for storage shall conform to the following:

1. Operator must use portable closed steel storage tanks for storing liquid hydrocarbons. Tanks must meet the American Petroleum Institute standards. All tanks must have  a  vent  line,  flame arrester and pressure relief valve. No tank battery shall be within one hundred (100) feet of any dwelling or other combustible structure.

1. Unless otherwise directed by the Commission, waste materials shall be removed from the site and transported to an off-site disposal facility not less often than every thirty (30) days. Water stored in on-site tanks shall be removed as necessary.

1. All waste shall be disposed of in such a manner as to comply with the air and water pollution control regulations of the State, this Ordinance and any other applicable Ordinance of the City.

1. Work hours for site  development.  Construction  activities  involving the erection of, including excavation of, demolition of, alteration to, or repair work on any access road or drill site, structure, or flatwork shall not occur during nighttime hours.

1. Noise.

1. The following noise requirements shall apply to all gas drilling operations:

1. No Well shall be drilled, re-drilled or any equipment operated at any locations within the city in such a manner so as to create   any noise which causes the exterior noise level when measured at the nearest receivers/receptor’s property line or one hundred

(100) feet from the  nearest public  building structure, whichever is closer, that exceeds the ambient noise level by more than five

(5) decibels during daytime hours and more than three (3) decibels during nighttime hours.

1. The operator shall be responsible for establishing and reporting  to the City the pre-drilling ambient noise levels prior to commencing of drilling operations. Once  the  drilling  is  complete, the Operator shall be required to establish a new ambient noise level prior to the installation of any new noise generation equipment.

1. Adjustments to the noise standards as set forth above in subsection (a) of this section may be permitted in accordance with the following:

Permitted Increase                                 Duration of Increase (dba)                                                                                        (minutes)*

5 to10…………………………………………………….. 15

&gt;10 to 15……………………………………………………. 5

&gt;15 to 20……………………………………………………. 1

20+………………………………………………. less than 1

*Cumulative minutes during any one hour

1. All workover operations shall be restricted to daytime hours. “Workover operations” shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production.

1. Acoustical blankets, sound walls, mufflers or other alternative methods as approved by the Gas Well Inspector may be used to ensure compliance. All soundproofing shall  comply  with accepted industry standards and subject to approval by the Fire Marshal.

1. The sound level meter used in conducting noise  evaluations  shall meet the American National Standard Institute’s Standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

1. A citation may be issued for the failure to correct the violation within 24 hours of the notice of violation by either the Gas Well Inspector or the City of Burleson police.

1. During nighttime operations, the operation of vehicle audible  back up alarms shall be prohibited or replaced with approved non-auditory signaling systems, such as spotters or flagmen. Deliveries of pipe, casing and heavy loads shall be limited to daytime hours.  The derrick-man and driller shall communicate  by walkie-talkie only when the derrick-man is in the derrick.  Horns may not be used to signal for connection or to summon

crew (except that a horn may be used for emergency purposes only). The operator shall conduct onsite meetings to inform all personnel of nighttime operations noise control requirements.

1. Well setback and sound attenuation wall requirements.

1. It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:

a. Within five hundred (500) feet from any building or outdoor facility used, or designed and intended to be used, for a residence, religious institution, public building,  public  gathering  area,  hospital building or public or private school unless a notorized distance waiver request is submitted by the surface owner.

d. For lots where a residential structure does not yet exist; within five hundred (500) feet of a residential lot line as shown on a recorded final plat or an approved and unexpired preliminary plat, unless   the lot is contained in the lease unit and the surface and mineral owner are the same; or unless a notorized distance  waiver  request is submitted by the surface owner;

e.  Within one-hundred (100) feet of any public street, road, highway  or future street, right-of-way.

1. Sound attenuation walls, of a height to be determined by the Gas Well Inspector, but in no case less than sixteen (16) feet tall, shall  be  erected prior to beginning any drilling operations on all sides of the pad site where a wellhead is located:

1. Within one thousand (1000) feet from any building or outdoor facility used, or designed and intended to be used, for a residence, religious institution, public building, public gathering area, hospital building or public or private school.

1. Within five hundred (500) feet from any building not included in (a.) above, except that an industrial use building  shall  not  require sound attenuation walls.

1. The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the  closest  exterior point of any object listed above.

1. The distances set out in this subsection may be increased by the City Manager or City Council as part of the approval of a Gas Well Permit.

Any decreases in the distances set out in this subsection shall be approved by the City Council by Variance.

1. Gas Well Permits for subsequent wells on a drill site  where  a  producing gas well permitted by the City of Burleson is located shall be required to meet the distance setback requirements only for those buildings, outdoor facilities and platted lots in existence at the time the first Gas Well Permit on the site was issued, but shall meet all other requirements and provisions of this Ordinance in full.

1. Tank batteries, well facilities and equipment shall  be located at least  two hundred (200) feet from any public park or from any residence, religious institution; public building, hospital building or school for which a building permit has been issued on the date of the application for a drilling permit is filed. The distance shall be calculated from the closest tank batteries, well facilities and/or equipment, in a straight line, without regard to intervening structures or objects, to the closest exterior point  of the building.

1. Installation of pipelines on, under or across public property.

The Operator shall apply to the City for  an Easement and Right-of-Way  Use Agreement on, over, under, along or across the  city  streets,  sidewalks, alleys and other City property for the purpose of constructing, laying, maintaining, operating, repairing, replacing and removing pipelines so long as production or operations may be continued under any Gas Well Permit issued pursuant to this Ordinance. Operator shall:

1. Not interfere with or damage existing water, sewer or gas lines or the facilities of public utilities located on, under or across the course of such rights-of way.

1. Furnish to the Director of Public Works of the City a plat or map showing the location of such pipelines.

1. Construct such lines out of pipe in accordance with the City codes   and regulations properly cased and vented if under a street;

1. Grade, level and restore such property to the same surface condition, as nearly as practicable, as existed when operations for the pipeline construction were first commenced.

1. Street blockage limitations.

No street or alley shall be blocked or encumbered or closed due to any exploration, drilling or production operations unless prior consent is  obtained from the City Manager. Any consent from the City Manager shall be temporary in nature and state the number of hours and/or  days  that  any street or alley may be blocked, encumbered or closed.

1. Road Damage Remediation Agreement.

A Road Damage Remediation Agreement is required as part of the application for a Gas Well Permit. Operators of gas wells located outside  the City limits, who use roads within the City as a portion of their truck  route, are required to enter into a Road Damage Remediation Agreement with the City prior to use or any further use of any such roads.

Sec.  14-363.     Security and screening.

1. Requirements during drilling operations. During drilling operation, the operator shall provide the following:
   1. a. an on-site watchperson supplied by the Operator to provide 24- hour security of        the drill site, or;

b. a chain link fence that encloses the perimeter of the drill site, with “No Trespassing” signs attached to the fence every fifty (50) feet. Fencing must meet the perimeter fencing requirements given in Sec. 14-363 (D).

3. a secured entrance gate on the access road. The gate  shall  be secured with a Knox lock and the gate shall be kept locked when the Operator or site employees are not on the premises. Gate shall meet requirements of gate specifications under 14-363(E).

1. Requirements   after  drilling  operations.     Once drilling operations are complete, the operator shall provide the following:

1. Internal fencing. Within twenty (20) days after production capability has been established, all production equipment on  the  operation site shall be completely enclosed by a permanent chain link fence with a secured gate. The equipment may be enclosed in a single fence, or components may be fenced separately.  The gates shall   be locked when operation personnel are not present. Temporary fence is only acceptable if application for a new well on the same  drill site has been made within the same twenty (20) day limit.

1. Perimeter fencing. Within thirty (30)  days  after  production  capability has been established, if there are no additional active permits on the drill site, the perimeter of the drill site shall be enclosed by a permanent fence unless otherwise agreed  to.  In  most locations, the perimeter fence shall be constructed of chain  link.  However, in certain urban locations, at the discretion of  the  City Manager or City Council, a masonry wall or wrought iron fence may be required.

1. Security system. Within ten (10) days of  completion  of  the perimeter fencing, all sites shall have a fully operational security system that meets the following requirements:

1. Remotely Monitored Access Control  System.  All  vehicular  gates in the perimeter fencing shall be secured by a permitted, remotely monitored control access system. The system shall meet the following requirements:

1)   Monitoring. The system shall be monitored by a central monitoring facility capable of monitoring security related alarm systems and meeting all required state and federal guidelines. The central monitoring facility shall be staffed and operational at all times.

2)   Access control. Gate access shall be secured by an access control system with an unlocking and re-locking mechanism that requires a card, numeric code, or other identification device for gate operation. The system shall record the identity of the entering party and the date and time of such entry.

3)   Intrusion detection system. The system shall include a gate closure contact sensor that will be activated when   the gate closure sensor is violated in any manner by non- identified access. The system shall  be  equipped  to  signal a control panel which activates an on-site audible signal and registers at the monitoring facility when an access breach is detected.

4)   Open gate detection.  The security system shall include  an open gate detection alarm to notify the monitoring facility if the gate closure sensors, once  accessed,  are not closed and thereby reactivated within five (5) minutes of being opened.

5)   Exit sensor. Gates shall be equipped with a motion  sensor, weight sensor or other device to unarm the gate for vehicles exiting the site.

1. Personnel exit gate. An exit-only gate for personnel shall be provided near the vehicular gate entrance.

1. Response to alarms. The alarm system shall be permitted with the City of Burleson Police Department (BPD)  in  accordance with the city’s alarm Ordinance. The monitoring  facility  shall notify the Operator and the BPD  in case of security breach  at  the drill site. The Operator shall respond with an authorized representative on site within forty five (45) minutes of notification of alarm. Fines for false alarms shall be as follows:

21+               $2000 and suspension of Gas

Well Permit

1.   Additional heightened security measures for sites near high pedestrian traffic areas.  The following additional security measures will be required   for drill sites located within a 1000’ radius of any building or outdoor facility used, or designed and intended to be used, for a  religious  institution,  public building, public gathering area, hospital building or public or private school:

1. Security Camera(s). At all times after the perimeter fence  is  in place, a minimum of one (1) security camera shall be  mounted inside the perimeter fence. Signs shall be posted on the fencing of the site to indicate that any activity on the site may be recorded by video surveillance. Camera systems shall be designed and located as required to meet the following requirements and shall be maintained in proper operating condition:

1. capture clear video images of all traffic entering and exiting the gate(s);

1. capture clear video images of all production equipment located  on the site;
2. be equipped with motion detection technology
3. be equipped with panning technology to pan immediately to any motion detected on the site
4. show the date and time of all activity on the footage
5. be capable of being viewed at the monitoring facility
6. Data Archival.  Operator shall maintain video data for a period of  400 hours. At the request of the City, the Operator shall produce to the City any recorded views of the fenced area. Data from videos may only be requested by the City Manager or law enforcement officials.

1. Fence specifications. Fences on drill sites shall meet the following specifications:

1. Chain link fence specifications are as follows:
   1. Chain link fence shall be a minimum of six (6) feet in height.

1. Support posts shall be set in concrete and shall  be embedded  into the ground to a depth sufficient to maintain the stability of the fence; provided, however, so long as stability of the fence is maintained, temporary fence posts shall not be required to be set in concrete;

1. The chain link shall be vinyl coated, and either dark green or   black in color;

1. The chain link fabric shall be a minimum of nine (9)  gauge  (0.148” diameter) wire secured to line post and rail at a maximum of 12” o.c. using 9 gauge tie wire;

1. The chain link fence shall be non-climbable, 1-1/4” mesh or smaller

1. Posts and rails shall be standard dark green or black pipe.

1. Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum thickness of one-fourth by three-fourths inch.

1. The chain link fence shall have a 1-5/8” o.d. bottom rail secured   in the center with a 3/8” diameter galvanized steel eye hook anchored into a concrete footing.

1. The chain link fence shall have one (1) strand of barbed wire at  the bottom of the fence.

1. The chain link fence shall be constructed with three (3) strands of barbed wire, located on an arm at the top of the fence, spaced at 6” intervals and angled at 45 degrees toward the exterior of the fence,

1. All fences shall have a minimum of one (1) gate.  Gates shall  meet specifications given in Sec. 14-363 (E).

1. Masonry fence specifications are as follows:

1. Masonry fences shall be constructed  in  accordance  with standard engineering practices;

1. Masonry fences shall be compatible with facilities, buildings, and structures adjacent to the drill site;
2. Masonry fences shall be constructed of brick,  stone,  or  reinforced concrete panels. Other similar materials may be approved by the City Manager if their  projected life  expectancy is 30 years or more and are resistant to sunlight and moisture;

1. Masonry fences shall be a minimum of eight (8) feet in height.

1. All fences shall be maintained in sound structural condition.  The owner shall maintain the fence at all times in a state of good repair, safe and secure condition.

1. Gate specifications.   All fences shall be equipped with at least one (1)   gate. Each gate shall meet the following specifications:

1. Each gate opening on internal fencing shall be not less than three (3) feet wide.

1. Each vehicular gate opening on perimeter fencing shall be not less than twenty-four (24) feet wide. The personnel gate shall not be less than three (3) feet wide.

1. The gates for masonry fences shall be constructed  of  ornamental iron.

1. Gates for chain link fences shall meet all fence specifications given in Sec. 14-363(D), including barbed wire and bottom rail.

1. The Operator shall provide the City Manager a “Knox Padlock” to access all gates surrounding and within the well site to conduct inspections and in case of an emergency.

1. Security compliance review and upgrade requirement. All well sites within the City limits are expected to meet the requirements in this Section at all times and shall be subject to a periodic security review to assure they remain in compliance with the requirements of this Section as conditions change around the well site. This shall apply to all wells within the city  limits, including existing wells and wells annexed into the city. Operators shall be given a reasonable time, but in no case more than ninety (90)  days, once notified of a finding of noncompliance, to cure the noncompliance.

1. Landscaping. Within thirty (30) days after  production  capability  on  the final well on the site has been established, all drill sites shall  be  landscaped in accordance with the requirements of this subsection. A landscape plan is required as part of the permit application and must be approved by the City Manager prior to issuance of a Gas Well Permit.     The landscape plan shall meet the following requirements:
   1. Trees of diverse species shall be planted outside the perimeter fencing of the drill site, at a maximum spacing of thirty (30) feet on center. Understory landscape plants are required at a maximum spacing  of eight (8) feet on center around the perimeter fencing. All plant shall be xeriscape, native or adaptive in species.

1. Drip irrigation of landscape beds and trees is required wherever adequate public water supplies are available. The  irrigation  system shall be maintained in proper working order at all times. If public water supply is not available, alternate irrigation methods must be implemented and maintained for a minimum of two (2) years, or until plants and trees are sufficiently established.  Irrigation methods  must  be continued until an established landscape rate of 80%  of  the  required plantings is achieved.

1. The minimum size of tree planted shall be three (3) inches  in  diameter measured one foot above ground level. If the tree is multi trunk, the main stem will be given full credit for its diameter and all other stems will receive one-half (½) credit.

1. Any landscape plants or trees that die within two years of planting  shall be replaced by the Operator and a new two- year guarantee for the replacement tree landscape or plant will begin at the time of replacement.

1. All landscaping shall be kept neat and orderly at all times. Failure to comply with this requirement will subject the Operator to the penalties  as listed in Section 5 of this ordinance.

1. The City Manager may authorize a delay in the planting of the trees or other landscape due to adverse weather conditions or seasonal variations. The Operator of the site shall comply with the landscaping requirements of this Ordinance when the City Manager makes the determination that weather conditions or seasonal planting variations  are no longer detrimental to landscape plantings.

1. Berms shall be utilized to enhance the topography and to create a more aesthetic landscape plan.

1. The trees and other landscape plants on the following lists shall be used to satisfy the landscaping  requirement.  These  species  trees are considered appropriate for the Burleson and North Central Texas area. Other landscape species trees may be considered by the City Manager and granted on a case-by-case basis. The approval of additional species will be judged on  adaptability,  long-term  health, low water demand, and growing characteristic of the tree type.

Recommended Tree Species*

Common Name                                           Scientific Name Afghan Pine         Pinus eldarica

American Elm                Ulmas Americana

Bigelow Oak                  Quercus sinuata var. breviloba

Bur Oak                        Quercus macrocarpa

Caddo Maple                 Acer saccharum

Cedar Elm                     Ulmas  crassifolia Chinquapin Oak             Quercus muhlenbergii Durrand Oak                  Quercus sinuata var. sinuate

Lacebark Elm                Ulmas parvifolia

Lacey Oak                     Quercus glaucoides

Live Oak                       Quercus virginiana

Pecan                           Carya Illinoensis

Shumard Oak                Quercus shumardii

Texas Ash                     Fraxinus

Texas Red Oak             Quercus texana

Western Soapberry        Sapindus drummondii

Recommended Understory Species* Common Name                                           Scientific Name Verbena                  Vervain North America

Lantana                             Lantana camara

Sedum                              Sedum spectabile

Lirope                               Lirope spicata

Bluebeard                         Penstemon virgatus Purple Fountain Grass                                        Pennisetum setaceum Yellow Pampas Grass                                        Cortaderia

Feather Grass                   Stipa pennata English Prickly Pear Cactus          Opuntia fragilis Saguaro Cactus      Canegiea gigantus

Nandina                            Nandina domestica

Barberry                            Berberis vulgaris (various)

Spirea                               Spirea North America

Privet                                Ligustrum vulgare

(*This list is not exclusive)

Sec.14-364.     Cleanup and maintenance.

1. Clean-up after well servicing. After the well has been  completed  or  plugged and abandoned, the Operator shall clean the drill site or operation site, complete restoration activities and repair all damage  to  public  property caused by such operations within sixty (60) days.

1. Clean-up after spills, leaks and malfunctions. After any spill, leak or malfunction, the Operator shall remove or cause to be removed to the satisfaction of the Fire Marshal and the City Manager all waste materials

from any public or private property affected by such spill, leak or malfunction.  Clean-up operations shall begin immediately.  If the owner  fails to begin site clean-up immediately, the City Manager or Fire Marshal,  at the owner’s expense, may then employ any cleanup expert or experts    or other contractors or suppliers of special services.

1. Free from debris. The public street entrance and property on which a well site is located shall at all times be kept free of mud, debris, pools of water  or other liquids, contaminated soil, weeds, brush, trash or other waste material.

1. Painting. All production equipment shall be painted and maintained at all times, including wellheads, pumping units, tanks, secondary containment and buildings or structures. When requiring painting of such facilities, the City Manager shall consider the deterioration of the quality of  the material  of which such facility or structure is constructed, the degree of rust, and its appearance. Paint shall be of a neutral color, compatible with surrounding uses. Neutral colors shall include tan, beige, and unobtrusive shades of black or dark green.

1. Blowouts. In the event of the loss of control of any well, Operator shall immediately take all reasonable steps to regain control regardless of any other provision of this Ordinance and shall notify the City Manager and    Fire Marshal as soon as practicable. If the City Manager or Fire Marshal,    in his opinion, believes that danger to persons and  property  exists  because of such loss of well control and that the Operator is  not  taking or is unable to take all reasonable and necessary steps to regain control of such well, the City Manager or Fire Marshal may then employ any well control expert or experts or other contractors or suppliers of special services, or may incur any other expenses for labor and material  which  they deem necessary to regain control of such well. The City shall then  have a valid lien against the interest in the well of all working interest  owners to secure payment of any expenditure made  by  the City pursuant to such action of the City Manager in gaining control of said well.

Sec.  14-365.     Plugged and abandoned wells.

1. Surface requirements for plugged and abandoned well. Whenever abandonment occurs pursuant to the requirements of the Commission, the Operator so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this Ordinance or under the Operator’s surface use agreement.

1. Abandonment shall be approved by the City Manager after restoration of  the drill site has been accomplished in conformity with the following requirements at the discretion of the City Manager:
   1. The derrick and all appurtenant equipment thereto shall be removed from drill site;

1. All tanks, towers, and other surface installations shall be removed  from the drill site;

1. All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be  removed from the site, unless otherwise directed by the Commission;

1. All holes and depressions shall be filled with clean, compactable soil;

1. All waste, refuse or waste material shall be removed from the drill   site; and

1. During abandonment, Operator shall comply with all applicable sections in this Ordinance.

1. Abandoned well requirement. The Operator shall  furnish the following to  the City Manager:

1. A copy of the W-3A ‘Notice of Intention to Plug &amp; Abandon’ and W-3 ‘Plugging Record’ forms on the same date these forms are submitted to the Commission; and

1. A prior 48-hour notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated.

1. All wells shall be abandoned in accordance with the rules of the Railroad Commission; however, all well casings and cellars shall be cut and removed to a depth of at least three (3) feet below  the  surface. A permanent abandonment marker pipe, with  the  well identity and location permanently inscribed, shall be welded to the casing and shall be at least four (4) inches in diameter with a length   of four (4) feet visible above the ground level.

1.   Abandonment requirements prior to new construction. All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the Commission prior to the issuance of any building permit   for development of the property. No structure shall be built  over  an  abandoned well.

DIVISION V. Appeals

Sec. 14-366. Appeals.

1. The City Council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion regarding  the denial, revocation or suspension of any Gas Well Permit issued hereunder as provided by this Ordinance. Any  person  or  entity  whose Gas Well Permit is denied, suspended or revoked or whose well or equipment is deemed by the City Manager to be abandoned may, within thirty (30) days of the date of the written decision of the City Manager  file  an appeal to the City Council in accordance with the following procedure:

1. An appeal shall be in writing and shall be filed with  the  City  Secretary. The grounds for appeal must be set forth specifically, and the error described, by the appellant.

1. Within forty-five (45) days of receipt of the records, the City Secretary shall transmit all papers involved in the proceeding, place the matter on the City Council agenda for hearing and give notice by mail of the time, place and purpose thereof to appellant and any other party who has requested in writing to be so notified. No other notice need be given.

1. The application fee for an appeal shall be established by the City Council.

Sec. 14-367. Penalty.

1. It shall be unlawful and an offense for any person to do the following:
   1. Engage in any activity not permitted by the terms of a  Gas  Well Permit issued under this Ordinance.

1. Fail to comply with any condition set forth in a Gas  Well  Permit  issued under this Ordinance; or,

1. Violate any provision or requirement set forth under this Ordinance.

1. Any  violation of this Ordinance shall be punished by  a fine of not more  than $2,000.00 per day, subject to applicable State law. Each day that a violation exists shall constitute a separate offense.

SECTION 2. CUMULATIVE CLAUSE

This ordinance shall be cumulative of all provisions of ordinances of  the  City  of Burleson, Texas, except when 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. SAVINGS CLAUSE

All rights and remedies of the City of Burleson are expressly saved as to any and all violations of the provisions of any ordinances affecting gas drilling and exploration which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or  not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.

SECTION 4. SEVERABILITY CLAUSE

If any article, section, sub-section, sentence or phrase of this Ordinance  should be held  to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.

SECTION 5. PENALTY CLAUSE

Any person, firm, association of persons, company, corporation, or their  agents,  servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than     two thousand dollars ($2,000.00), and each day any violation of  noncompliance  continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by State Law, and the  power  of  injunction as provided in V.T.C.A. Local Government Code 54.012 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.

SECTION 6. PUBLICATION CLAUSE

The City Secretary of the City of Burleson is hereby directed to publish in the official newspaper of the City of Burleson, the caption, penalty clause and effective date clause  of this ordinance at  least two (2) times within fourteen (14)  days  after the passage of  this ordinance as required by Section 36 of the Charter of the City of Burleson.

SECTION 7. EFFECTIVE DATE

This Ordinance shall be in full force and effect from and after its  passage  and  publication as provided by law.

PASSED AND APPROVED this the _______  day of_________________ 200__.

  ______________________________

MAYOR

Memorandum

To:                   Honorable Mayor Shetter and members of the Burleson City Council From:  Shai Roos, AICP Director of Community and Economic Development Date:     January 5, 2009

Subject:         Ordinance B-784-09, amending Chapter 82, Utilities, of the Code of Ordinances of the City of Burleson by adding regulations regarding the installation of irrigation systems within the corporate limits of the city. (First Reading)

Council Action Requested:

Approve Ordinance B-784-09, amending Chapter 82, Utilities, of the Code of Ordinances of the City of Burleson, by adding regulations regarding the installation of irrigation systems within the corporate limits of the city.

Background Information:

During the 2007 legislative session, the Texas Legislative adopted House Bill 1656 which amended Chapter 401 of the Texas Local Government Code to require a city with a population of 20,000 or more to regulate the installation of irrigation systems within the corporate limits of the city. House Bill 1656 became effective January 1, 2009.

The purpose of this regulation is to ensure irrigation systems are properly installed thereby conserving water, avoiding wasteful use, and improving the overall quality of life for the citizens of Burleson. Toward that end, this ordinance was personalized for Burleson using the TML model ordinance developed by a regional committee of municipal representatives involved in public works and building/code enforcement.

Board Citizen Input:

Various meetings have been held throughout the region by TCEQ (Texas Commission on Environmental Quality) introducing cities and members of the irrigation industry to the new state mandate. A notice and copy of our ordinance has been mailed out to all

registered irrigators working in Burleson, alerting them to the new regulation and local procedures.

Financial Considerations:

The new regulations will require a plan review and multiple field inspections for each irrigation system proposed. To address this need, we will need to contract out for that service as the current level of staffing does not allow for absorbing the additional duties. In order to support this service contract, a permit fee increase is recommended with the adoption of this ordinance. The new fee will be $200 (currently $25).

Attachments:

Ordinance B-784-09

Staff Contact:

Shai Roos, AICP

Director of Community and Economic Development 817-447- 5400 ext. 238

sroos@ burlesontx.com

ORDINANCE NO. B-784-09

AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CHAPTER 82, “UTILITIES”, ARTICLE I SECTIONS 82-15 THROUGH 82-37 PREVIOUSLY RESERVED, NOW TO BE “IRRIGATION SYSTEM INSTALLATIONS” OF THE CODE OF THE CITY OF BURLESON. PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABLILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVINGS CLAUSE;

WHEREAS, the City Council of the City of Burleson has determined that water conservation and environmental protection are important issues and concerns affecting the city; and

WHEREAS, properly-installed irrigation systems will conserve water, help avoid wasteful use, and improve the overall quality of life for the citizens of Burleson; and

WHEREAS, during the 2007 legislative session, the Texas Legislature adopted House Bill 1656; and

WHEREAS, House Bill 1656 amended Chapter 401 of the Texas Local Government Code to require a city with a population of 20,000 or more to regulate the installation of irrigation systems within the corporate limits of the city; and

WHEREAS, the provisions herein are necessary to promote and protect the health, safety, and welfare of the public by creating an urban environment that is protective of the city’s water supply and provides an enhanced quality of life for the citizens of the City of Burleson.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIY OF BURLESON:

Chapter 82, “Utilities” of the Burleson Code of Ordinances is hereby amended by adding the following new Article:

ARTICLE I.    IRRIGIATON SYSTEM INSTALLATION

Section 82-15. Definitions

The following words and terms, when used in this ordinance, have the following meanings, unless the context clearly indicates otherwise.

(1)               Air gap – A complete physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel.

(2)               Atmospheric Vacuum Breaker – An assembly containing an air inlet valve, a check seat, and an air inlet port. The flow of water into the body causes the air inlet valve to close the air inlet port. When the flow of water stops the air inlet valve falls and forms a check against back-siphonage. At the same time it opens the air inlet port allowing air to enter and satisfy the vacuum. Also known as an Atmospheric Vacuum Breaker Back-Siphonage Prevention Assembly.

(3)               Backflow prevention – The mechanical prevention of reverse flow, or back siphonage, of nonpotable water from an irrigation system into the potable water source.

(4)               Backflow prevention assembly – Any assembly used to prevent backflow into a potable water system. The type of assembly used is based on the existing or potential degree of health hazard and backflow condition.

(5)               Completion of irrigation system installation – When the landscape irrigation system has been installed, all minimum standards met, all tests performed, and the irrigator is satisfied that the system is operating correctly.

(6)               Consulting – The act of providing advice, guidance, review or recommendations related to landscape irrigation systems.

(7)               Cross-connection -An actual or potential connection between a potable water source and an irrigation system that may contain contaminates or pollutants or any source of water that has been treated to a lesser degree in the treatment process.

(8)               Design – The act of determining the various elements of a landscape irrigation systems that will include, but not be limited to, elements such as collecting site specific information, defining the scope of the project, defining plant watering needs, selecting and laying out emission devices, locating system components, conducting hydraulics calculations, identifying any local regulatory requirements, or scheduling irrigation work at a site. Completion of the various components will result in an irrigation plan.

(9)               Design pressure – The pressure that is required for an emission device to operate properly. Design pressure is calculated by adding the operating  pressure necessary at an emission device to the total of all pressure losses accumulated from an emission device to the water source.

(10)          Double Check Valve – An assembly that is composed of two independently acting, approved check valves, including tightly closed resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Also known as a Double Check Valve Backflow Prevention Assembly.

(11)          Emission device – Any device that is contained within an irrigation system and that is used to apply water. Common emission devices in an irrigation system include, but are not limited to, spray and rotary sprinkler heads, and drip irrigation emitters.

(12)          Employed – Engaged or hired to provide consulting services or perform any activity relating to the sale, design, installation, maintenance, alteration, repair, or service to irrigation systems. A person is employed if that person is in an employer-employee relationship as defined by Internal Revenue Code, 26 United Sates Code Service, § 3212(d) based on the behavioral control, financial control, and the type of relationship involved in performing employment related tasks.

(13)          Head-to-Head spacing – The spacing of spray or rotary heads equal to the manufacturer’s published radius of the head.

(14)          Health hazard – A cross-connection or potential cross-connection with an irrigation system that involves any substance that may, if introduced into the potable water supply, cause death or illness, spread disease, or have a high probability of causing such effects.

(15)          Hydraulics – The science of dynamic and static water; the mathematical computation of determining pressure losses and pressure requirements of an irrigation system.

(16)          Inspector – A licensed plumbing inspector, water district operator, other governmental entity, or irrigation inspector who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor.

(17)          Installer – A person who actually connects an irrigation system to a private or public raw or potable water supply system or any water supply, who is licensed

according to Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations).

(18)          Irrigation inspector – A person who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor and is required to be licensed under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations).

(19)          Irrigation plan – A scaled drawing of a landscape irrigation system which lists required information, the scope of the project, and represents the changes made in the installation of the irrigation system.

(20)          Irrigation services – Selling, designing, installing, maintaining, altering, repairing, servicing, permitting, providing consulting services regarding, or connecting an irrigation system to a water supply.

(21)          Irrigation system – An assembly of component parts that is permanently installed for the controlled distribution and conservation of water to irrigate any type of landscape vegetation in any location, and/or to reduce dust or control erosion. This term does not include a system that is used on or by an agricultural operation as defined by Texas Agricultural Code, § 251.002.

(22)          Irrigation technician – A person who works under the supervision of a licensed irrigator to install, maintain, alter, repair, service or supervise installation of an irrigation system, including any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations).

(23)          Irrigation zone – A subdivision of an irrigation system with a matched precipitation rate based on plant material type (such as turf, shrubs, or trees), microclimate factors (such as sun/shade ratio), topographic features (such as

slope) and soil conditions (such as sand, loam, clay, or combination) or for hydrological control.

(24)          Irrigator – A person who sells, designs, offers consultations regarding, installs, maintains, alters, repairs, services or supervises the installation of an irrigation system, including the connection of such system to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30.

(25)          Irrigator-in-Charge – The irrigator responsible for all irrigation work performed by an exempt business owner, including, but not limited to obtaining permits, developing design plans, supervising the work of other irrigators or irrigation technicians, and installing, selling, maintaining, altering, repairing, or servicing a landscape irrigation system.

(26)          Landscape irrigation – The science of applying the necessary amount of water to promote or sustain healthy growth of plant material or turf.

(27)          License – An occupational license that is issued by Texas Commission of Environmental Quality under Title 30, Texas Administrative Code, Chapter 30 to an individual that authorizes the individual to engage in an activity that is covered by Title 30, Texas Administrative Code, Chapter 30.

(28)          Mainline – A pipe within an irrigation system that delivers water from the water source to the individual zone valves.

(29)          Maintenance checklist – A document made available to the irrigation system’s owner or owner’s representative that contains information regarding the operation and maintenance of the irrigation system, including, but not limited to: checking and repairing the irrigations system, setting the automatic controller, checking the rain or moisture sensor, cleaning filters, pruning grass and plants

away from irrigation emitters, using and operating the irrigation system, the precipitation rates of each irrigation zone within the system, any water conservation measures currently in effect from the water purveyor, the name of the water purveyor, a suggested seasonal or monthly watering schedule based on current evapotranspiration data for the geographic region, and the minimum water requirements for the plant material in each zone based on the soil type and plant material where the system is installed.

(30)          Major maintenance, alteration, repair, or service – Any activity that involves opening to the atmosphere the irrigation main line at any point prior to the discharge side of any irrigation zone control valve. This includes, but is not limited to, repairing or connecting into a main supply pipe, replacing a zone control valve, or repairing a zone control valve in a manner that opens the system to the atmosphere.

(31)          Master valve – A remote control valve located after the backflow prevention device that controls the flow of water to the irrigation system mainline.

(32)          Matched precipitation rate – The condition in which all sprinkler heads within an irrigation zone apply water at the same rate.

(33)          New installation – An irrigation system installed at a location where one did not previously exist.

(34)          Pass-through contract – A written contract between a contractor or builder and a licensed irrigator or exempt business owner to perform part or all of the irrigation services relating to an irrigation system.

(35)          Potable water – Water that is suitable for human consumption.

(36)          Pressure Vacuum Breaker – An assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. Also known as a Pressure Vacuum Breaker Back-siphonage Prevention Assembly.

(37)          Reclaimed water – Domestic or municipal wastewater which has been treated to a quality suitable for beneficial use, such as landscape irrigation.

(38)          Records of landscape irrigation activities – The irrigation plans, contracts, warranty information, invoices, copies of permits and other documents that relate to the installation, maintenance, alteration, repair, or service or a landscape irrigation system.

(39)          Reduced Pressure Principle Backflow Prevention Assembly – An assembly containing two independently acting approved check valves together with a hydraulically operating mechanically independent pressure differential relief valve located between the two check valves and below the first check valve.

(40)          Static water pressure – The pressure of water when it is not moving.

(41)          Supervision – The on-the-job oversight and direction by a licensed irrigator who is fulfilling his or her professional responsibility to the client and/or employer in compliance with local or state requirements. Also a licensed installer working under the direction of a licensed irrigator or licensed irrigator to install, maintain, alter, repair or service an irrigation system.

(42)          Water conservation – The design, installation, service, and operation of an irrigation system in a manner that prevents the waste of water, promotes the most efficient use of water, and applies the least amount of water that is required to maintain healthy individual plant material or turf, reduce dust, and control erosion.

(43)          Zone flow – A measurement, in gallons per minute or gallons per hour, of the actual flow of water through a zone valve, calculated by individually opening each zone valve and obtaining a valid reading after the pressure has stabilized. For design purposes, the zone flow is the total flow of all nozzles in the zone at a specific pressure.

(44)          Zone valve – An automatic valve that controls a single zone of a landscape irrigation system.

Section 82-16. Valid License Required

Any person who connects an irrigation system to a water supply within the city limits of Burleson must hold a valid license, as defined by Title 30, Texas Administrative Code, Chapter 30 and required by Chapter 1903 of the Texas Occupations Code, or as defined by Chapter 365, Title 22 of the Texas Administrative Code and required by Chapter 1301 of the Texas Occupations Code.

Exemptions

A property owner is not required to be licensed in accordance with Texas Occupations Code, Title 12 § 1903.002 (c)(1) if he or she is performing irrigation work in a building or on a premises owned or occupied by the person as the person’s home. A home or property owner who installs an irrigation system must meet the standards contained in Title 30, Texas Administrative Code, Chapter

344 regarding spacing, water pressure, spraying water over impervious materials, rain or moisture shut-off devices or other technology, backflow prevention and isolation valves. The city may, at any point, adopt more stringent requirements for a home or property owner who installs an irrigation system.  See Texas Occupations Code § 1903.002 for other exemptions to the licensing requirement.

Section 82-17. Permit Required

Any person installing an irrigation system within the city limits of Burleson is required to obtain a permit from the city. Any plan approved for a permit must be in compliance  with the requirements of this chapter.

Exemptions

(1)               An irrigation system that is an on-site sewage disposal system, as defined by Section 355.002, Health and Safety Code; or

(2)               An irrigation system used on or by an agricultural operation as defined by Section 251.002, Agriculture Code; or

(3)               An irrigation system connected to a groundwater well used by the property owner for domestic use.

Section 82-18. Backflow Prevention Methods and Devices

(a)               Any irrigation system that is connected to the potable water supply must be connected through a backflow prevention method approved by the Texas Commission on Environmental Quality (TCEQ). The backflow prevention device must be approved by the American Society of Sanitary Engineers; or the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California; or the International Plumbing Code; or any other laboratory that has equivalent capabilities for both the laboratory and field evaluation of backflow prevention assemblies. The backflow prevention device must be installed in accordance with the laboratory approval standards or if the approval does not include specific installation information, the manufacturer’s current published recommendations.

(b)               If conditions that present a health hazard exist, one of the following methods must be used to prevent backflow;

1. An air gap may be used if:

1. there is an unobstructed physical separation; and
   1. the distance from the lowest point of the water supply outlet to the flood rim of the fixture or assembly into which the outlet discharges is at least one inch or twice the diameter of the water supply outlet, whichever is greater.

1. Reduced pressure principle backflow prevention assemblies may be used if:

1. The device is installed at a minimum of 12 inches above ground in a location that will ensure that the assembly will not be submerged; and
2. Drainage is provided for any water that may be discharged through the assembly relief valve.

1. Pressure vacuum breakers may be used if:

1. No back-pressure condition will occur; and
   1. The device is installed at a minimum of 12 inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler.

1. Atmospheric vacuum breakers may be used if:

1. No back-pressure will be present;
   1. There are no shutoff valves downstream from the atmospheric vacuum breaker;

1. The device is installed at a minimum of six inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the tip of the sprinkler;
2. There is no continuous pressure on the supply side of the atmospheric vacuum breaker for more than 12 hours in any 24-hour period; and
3. A separate atmospheric vacuum breaker is installed on the discharge side of each irrigation control valve, between the valve and all the emission devices that the valve controls.

(c)               Backflow prevention devices used in applications designated as health hazards must be tested upon installation and annually thereafter.

(d)               If there are no conditions that present a health hazard, double check valve backflow prevention assemblies may be used to prevent backflow if the device is tested upon installation and test cocks are used for testing only.

(e)               If a double check valve is installed below ground:

1. test cocks must be plugged, except when the double check valve is being tested;
2. test cock plugs must be threaded, water-tight, and made of non-ferrous material;
3. a y-type strainer is installed on the inlet side of the double check valve;
   1. there must be a clearance between any fill material and the bottom of the double check valve to allow space for testing and repair; and
   2. there must be space on the side of the double check valve to test and repair the double check valve.

(f)                 If an existing irrigation system without a backflow-prevention assembly requires major maintenance, alteration, repair, or service, the system must be connected

to the potable water supply through an approved, properly installed backflow prevention method before any major maintenance, alteration, repair, or service is performed.

(g)               If an irrigation system is connected to a potable water supply through a double check valve, pressure vacuum breaker, or reduced pressure principle backflow assembly and includes an automatic master valve on the system, the automatic master valve must be installed on the discharge side of the backflow prevention assembly.

(h)               The irrigator shall ensure the backflow prevention device is tested by a licensed Backflow Prevention Assembly Tester prior to being placed in service and the test results provided to the local water purveyor and the irrigation system’s owner or owner’s representative within ten business days of testing of the backflow prevention device.

Section 82-19. Specific Conditions and Cross-Connection Control

(a)               Before any chemical is added to an irrigation system connected to the potable water supply, the irrigation system must be connected through a reduced pressure principle backflow prevention assembly or air gap.

(b)               Connection of any additional water source to an irrigation system that is connected to the potable water supply can only be done if the irrigation system is connected to the potable water supply through a reduced-pressure principle backflow prevention assembly or an air gap.

(c)               Irrigation system components with chemical additives induced by aspiration, injection, or emission system connected to any potable water supply must be connected through a reduced pressure principle backflow device.

(d)               If an irrigation system is designed or installed on a property that is served by an on-site sewage facility, as defined in Title 30, Texas Administrative Code, Chapter 285, then:

1. All irrigation piping and valves must meet the separation distances from the On-site Sewage Facilities system as required for a private water line in Title 30, Texas Administrative Code, Section 285.91(10);
2. Any connections using a private or public potable water source that is not the city’s potable water system must be connected to the water source through a reduced pressure principle backflow prevention assembly as defined in Title 30, Texas Administrative Code, Section 344.50; and
3. Any water from the irrigation system that is applied to the surface of the area utilized by the On-site Sewage Facility system must be controlled on a separate irrigation zone or zones so as to allow complete control of any irrigation to that area so that there will not be excess water that would prevent the On-site Sewage Facilities system from operating effectively.

Section 82-20. Water Conservation

All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation as defined in the Definitions section of this ordinance.

Section 82-21. Irrigation Plan Design: Minimum Standards

(a)               An irrigator shall prepare an irrigation plan for each site where a new irrigation system will be installed. A paper or electronic copy of the irrigation plan must be on the job site at all times during the installation of the irrigation system. A drawing showing the actual installation of the system is due to each irrigation system owner after all new irrigation system installations. During the installation of the irrigation system, variances from the original plan may be authorized by the licensed irrigator if the variance from the plan does not:

1. diminish the operation integrity of the irrigation system;
2. violate any requirements of the ordinance; and
3. go unnoted in read on the irrigation plan.

(b)               The irrigation plan must include complete coverage of the area to be irrigated. If a system does not provide complete coverage of the area to be irrigated, it must be noted on the irrigation plan.

(c)               All irrigation plans used for construction must be drawn to scale. The plan must include, at a minimum, the following information:

1. the irrigator’s seal, signature, and date of signing;
2. all major physical features and the boundaries of the areas to be watered;
3. a North arrow;
4. a legend;
5. the zone flow measurement for each zone
6. location and type of each:
   1. controller; and
      1. sensor (for example, but not limited to, rain, moisture, wind, flow, or freeze);
      2. location, type and size of each
         1. water source, such as, but not limited to a water meter and point(s) of connection;
         2. backflow prevention device;
         3. water emission device, including, but not limited to, spray heads, rotary sprinkler heads, quick couplers, bubblers, drip, or micro- sprays;
         4. valve, including, but not limited to, zone valves, master valves, and isolation valves;
         5. pressure regulation components; and
         6. main line and lateral piping.

1. the scale used; and
2. the design pressure.

Section 82-22. Design and Installation: Minimum Requirements

(a)               No irrigation design or installation shall require the use of any component, including the water meter, in a way which exceeds the manufacturer’s published performance limitations for the component.

(b)               Spacing.

1. The maximum spacing between emission devices must not exceed the manufacturer’s published radius or spacing of the device(s). The radius or spacing is determined by referring to the manufacturer’s published specifications for a specific emission device at a specific operating pressure.
2. New irrigation systems shall not utilize above-ground spray emission devices in landscapes that are les than 48 inches not including the impervious surfaces in either length or width and which contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters. If pop-up sprays or rotary sprinkler heads are used in a new irrigation system, the sprinkler heads must direct flow away from any adjacent surface and shall not be installed closer than four inches from a hardscape, such as, but not limited to, a building foundation, fence, concrete, asphalt, pavers, or stones set with mortar.
3. Narrow paved walkways, jogging paths, golf cart paths or other small areas located in cemeteries, parks, golf courses or other public areas may be exempted from this requirement if the runoff drains into a landscape area.

(c)               Water pressure. Emission devices must be installed to operate at the minimum and not above the maximum sprinkler head pressure as published by the

manufacturer for the nozzle and head spacing that is used. Methods to achieve the water pressure requirements include, but are not limited to, flow control valves, a pressure regulator, or pressure compensating spray heads.

(d)               Piping. Piping in irrigation systems must be designed and installed so that the flow of water in the pipe will not exceed a velocity of five feet per second for polyvinyl chloride (PVC) pipe.

(e)               Irrigation zones. Irrigation systems shall have separate zones based on plant material type, microclimate factors, topographic features, soil conditions, and hydrological requirements.

(f)                 Matched precipitation rate. Zones must be designed and installed so that all of the emission devices in that zone irrigate at the same precipitation rate.

(g)               Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick, wood, stones set with mortar, or any other impervious material, such as, but not limited to, walls, fences, sidewalks, streets, etc.

(h)               Master valve. When provided, a master valve shall be installed on the discharge side of the backflow prevention device on all new installations.

(i)                 PVC pipe primer solvent. All new irrigation systems that are installed using PVC pipe and fittings shall be primed with a colored primer prior to applying the PVC cement in accordance with the International Plumbing Code (Section 605).

(j)                 Rain or moisture shut-off devices or other technology. All new automatically controlled irrigation systems must include sensors or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. Rain or moisture shut-off technology must be installed according to  the manufacturer’s published recommendations. Repairs to existing automatic

irrigation systems that require replacement of an existing controller must include a sensor or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall.

(k)               Isolation valve. All new irrigation systems must include an isolation valve between the water meter and the backflow prevention device.

(l)                 Depth coverage of piping. Piping in all irrigation systems must be installed according to the manufacturer’s published specifications for depth coverage of piping.

1. If the manufacturer has not published specifications for depth coverage of piping, the piping must be installed to provide minimum depth coverage of six inches of select backfill, between the top of the pipe and the natural grade of the topsoil. All portions of the irrigation system that fail to meet this standard must be noted on the irrigation plan. If the area being irrigated has rock at the depth of six inches or less, select backfill may be mounded over the pipe. Mounding must be noted on the irrigation plan and discussed with the irrigation system owner or owner’s representative to address any safety issues.
   1. if a utility, man-made structure, or roots create an unavoidable obstacle, which makes the six-inch depth coverage requirement impractical, the piping shall be installed to provide minimum of two inches of select back fill between the top of the pipe and the natural grade of the topsoil.
   2. All trenches and holes created during installation of an irrigation system must be backfilled and compacted to the original grade.

(m)                 Wiring irrigation systems.

1. Underground electrical wiring used to connect an automatic controller to any electrical component of the irrigation system must be listed by Underwriters Laboratories as acceptable for burial underground.
2. Electrical wiring that connects any electrical components of an irrigation system must be sized according to the manufacturer’s recommendation.
3. Electrical wire splices which may be exposed to moisture must be waterproof as certified by the wire splice manufacturer.
4. Underground electrical wiring that connects an automatic controller to any electrical component of the irrigation system must be buried with a minimum of six inches of select backfill.

(n)               Water contained within the piping of an irrigation system is deemed to be non- potable. No drinking or domestic water usage, such as, but not limited to, filling swimming pools or decorative fountains, shall be connected to an irrigation system. If a hose bib (an outdoor water faucet that has hose threads on the spout) is connected to an irrigation system for the purpose of providing supplemental water to an area, the hose bib must be installed using a quick coupler key on a quick coupler installed in a covered purple valve box and the hose bib and any hoses connected to the bib must be labeled “non potable, not safe for drinking.” An isolation valve must be installed upstream of a quick coupler connecting a hose bib to an irrigation system.

(o)               Beginning January 1, 2010, either a licensed irrigator or a licensed irrigation technician shall be on-site at all times while the landscape irrigation system is being installed. When an irrigator is not onsite, the irrigator shall be responsible for ensuring that a licensed irrigation technician is on-site to supervise the installation of the irrigation system.

Section 82-23. Completion of Irrigation System Installation

Upon completion of the irrigation system, the irrigator or irrigation technician who provided supervision for the on-site installation shall be required to complete four items:

(a)                a final “walk through” with the irrigation system’s owner or the owner’s representative to explain the operation of the system;

(b)                the maintenance checklist on which the irrigator or irrigation technician shall obtain the signature of the irrigation system’s owner or the owner’s representative and shall sign, date, and seal the checklist. If the irrigation system’s owner or the owner’s representative is unwilling or unable to sign the maintenance checklist, the irrigator shall note the time and date of the refusal on the irrigation system’s owner or the owner’s representative signature line. The irrigation system’s owner or the owner’s representative will be given the original maintenance checklist and a duplicate copy of the maintenance checklist shall be maintained by the irrigator. The items on the maintenance checklist shall include but are not limited to:

1. the manufacturer’s manual for the automatic controller, if the system is automatic;
2. a seasonal (spring, summer, fall, winter) watering schedule based on either current/real time evapotranspiration or monthly historical reference evapotranspiration (historical ET) data, monthly effective rainfall estimates, plant landscape coeffiecient factors, and site factors;
3. a list of components, such as the nozzle, or pump filters, and other such components; that require maintenance and the recommended frequency for the service; and
4. the statement, “this irrigation system has been installed in accordance with all applicable state and local laws, ordinances, rules, regulations or orders. I have tested the system and determined that it has been installed according to the Irrigation Plan and is properly adjusted for the most efficient application of water at this time.”

(c)                A permanent sticker which contains the irrigator’s name, license number, company name, telephone number and the dates of the warranty period shall be affixed to each automatic controller installed by the irrigator or irrigation technician. If the irrigation system is manual, the sticker must be printed with waterproof ink and include the items of information as noted above.

(d)                The irrigation plan indicating the actual installation of the system must be provided to the irrigation system’s owner or the owner’s representative.

Section 82-24. Maintenance, Alteration, Repair, or Service of Irrigation Systems

(a)               The licensed irrigator is responsible for all work that the irrigator performed during the maintenance, alteration, repair, or service of an irrigation system during the warranty period. The irrigator or business owner is not responsible for the professional negligence of any other irrigator who subsequently conducts any irrigation service on the same irrigation system.

(b)               All trenches and holes created during the maintenance, alteration, repair, or service of an irrigation system must be backfilled and compacted to the original grade.

(c)               Colored PVC pipe primer solvent must be used on all pipe and fittings used in the maintenance, alteration, repair, or service of an irrigation system in accordance with the International Plumbing Code (Section 605).

(d)               When maintenance, alteration, repair, or service of an irrigation system involves excavation work at the water meter or backflow prevention device, an isolation valve shall be installed, if an isolation valve is not present.

Section 82-25. Reclaimed Water

Reclaimed water may be utilized in landscape irrigation systems if:

(a)                there is no direct contact with edible crops, unless the crop is pasteurized before consumption;

(b)                the irrigation system does not spray water across property lines that do not belong to the irrigation systems owner;

(c)                the irrigation system is installed using purple components;

(d)                the domestic potable water line is connected using an air gap or a reduced pressure principle backflow prevention device, in accordance with Title 30, Texas Administrative Code, Section 290.47(i) (relating to Appendices);

(e)                a minimum of an eight inch by eight inch sign, in English and Spanish, is prominently posted on/in the area that is being irrigated, that reads, “RECLAIMED WATER-DO NOT DRINK” and “AGUA DE RECUPERACION-NO BEBER”; and

(f)                  backflow prevention on the reclaimed water supply line shall be in accordance with the regulations of the city’s water provider.

Section 82-26. Advertisement Requirements

(a)               All vehicles used in the performance of irrigation installation, maintenance, alteration, repair, or service must display the irrigator’s license number in the form of “LI________ “ in a contrasting color of block letters at least two inches high, on both sides of the vehicle.

(b)               All forms of written and electronic advertisements for irrigation services must display the irrigator’s license number in the form of “LI________ “. Any form of advertisement, including business cards, and estimates which displays an entity’s or individual’s name other than that of the licensed irrigator must also display the name of the licensed irrigator and the licensed irrigator’s license

number.    Trailers that advertise irrigation services must display the irrigator’s license number.

(c)               The name, mailing address, and telephone number of the commission must be prominently displayed on a legible sign and displayed in plain view for the purpose of addressing complaints at the permanent structure where irrigation business is primarily conducted and irrigation records are kept.

Section 82-27. Contracts

(a)               All contracts to install an irrigation system must be in writing and signed by each party and must specify the irrigator’s name, license number, business address, current business telephone numbers, the date that each party signed the agreement, the total agreed price, and must contain the statement, “Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ’S website is:www.tceq.state.tx.us.” all contracts must include the irrigator’s seal, signature, and date.

(b)               All written estimates, proposals, bids, and invoices relating to the installation or repair of an irrigation system(s) must include the irrigator’s name, license number, business address current business telephone numbers, and must contain the statement, “Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ’S website is: www.tceq.state.tx.us.”

(c)               An individual who agrees by contract to provide irrigation services as defined in Title 30, Texas Administrative Code, Section 344.30 (relating to License Required) shall hold an irrigator license issued under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations) unless the contract is a pass-through contract as defined in Title 30, Texas Administrative Code, Section 344.1(36) (relating to Definitions). If a

pass-through contract includes irrigation services, then the irrigation portion of the contract can only be performed by a licensed irrigator. If an irrigator installs a system pursuant to a pass through contract, the irrigator shall still be responsible for providing the irrigation systems’ owner or through contract, the irrigator shall still be responsible for providing the irrigation system’s owner or owner’s representative a copy of the warranty and all other documents required under this chapter. A pass-through contract must identify by name and license number of the irrigator that will perform the work and must provide a mechanism for contacting the irrigator for irrigation system warranty work.

(d)               The contract must include the dates that the warranty is valid.

Section 82-28. Warranties for Systems

(a)               On all installations of new irrigation systems, an irrigator shall present the irrigation system’s owner or owner’s representative with a written warranty covering materials and labor furnished in the new installation of the irrigation system.  The irrigator shall be responsible for adhering to terms of the warranty.  If the irrigator’s warranty is less than the manufacturer’s warranty for the system components, then the irrigator shall provide the irrigation system’s owner or owner’s representative with applicable information regarding the manufacturer’s warranty as part of an irrigator’s contract, a separate warranty document is not required.

(b)               An irrigator’s written warranty on new irrigation systems must specify the irrigator’s name, business address, current business telephone numbers, and must contain the signature of the irrigation system’s owner or owner’s representative confirming receipt of the warranty and must contain the statement, “Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ’S website is: www.tceq.state.tx.us.” All contracts must include the irrigator’s seal, signature, and date.

(c)               On all maintenance, alterations, repairs, or service to existing irrigation systems, an irrigator shall present the irrigation system’s owner or owner’s representative  a written document that identifies the materials furnished in the maintenance, alterations, repairs, or service. If a warranty is provided, the irrigator shall abide by the terms. The warranty document must include the irrigator’s name and business contact information.

Section 82-29. Duties and Responsibilities of Irrigation Inspectors

A licensed irrigation inspector or licensed plumbing inspector shall enforce the ordinance of the city, and shall be responsible for:

(a)                verifying that the appropriate permits have been obtained for an irrigation system and that the irrigator and installer or irrigation technician, if applicable, are licensed;

(b)                inspecting the irrigation system;

(c)                determining that the irrigation system complies with the requirements of this article;

(d)                determining that the appropriate backflow prevention device was installed, tested, and test results provided to the city;

(e)                investigating complaints related to irrigation system installation, maintenance, alterations, repairs, or service of an irrigation system and advertisement of irrigation services; and

(f)                  maintaining records according to this chapter.

Section 82-30. Items not covered by this ordinance

Any item not covered by this ordinance and required by law shall be governed by the Texas Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, and any other applicable state statute or Texas Commission on Environmental Quality rule.

Section 82-31. Fees

The city council hereby establishes the fee for a permit for each irrigation system to be

$200.00 through this ordinance until September 30^th, 2009. This fee may be amended by resolution of the city council in a schedule of fees. The fees for an irrigation system permit shall be a part of the schedule of fees and shall be amended as a part of that schedule starting October 1, 2009.

Section 82-32. Severability

If an article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.

Section 82-33. Cumulative

All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are herby repealed. Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.

Section 82-34. Penalty

Any person, firm, association or persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, two thousand dollars ($2,000.00), and each day any violation of non compliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided in V.T.C.A. Local

4B – 29

Government Code Section 54.016 and as may be amended, and such remedies may be exercised in enforcing this article whether or not there has been a complaint filed.

Section 82-35. Savings

All rights and remedies of the City of Burleson are expressly saved as to any and all violations of the provisions of any ordinances affecting irrigation systems and irrigation system regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.

Section 82-36. Publication

The City Secretary of the City of Burleson is hereby directed to publish in the official newspaper of the City of Burleson, the caption, penalty clause and effective date clause of this ordinance at least two (2) times within fourteen (14) days after the passage of this ordinance as required by Section 36 of the Charter of the City of Burleson.

Section 82-37. Effective date

PASSED AND APPROVED this _____________day of___________________ , 2009.

_____________________________ MAYOR

ATTEST:

________________________ City Secretary

First reading: _____________

Memorandum

To:                   Honorable Mayor Shetter and members of the Burleson City Council From:  City Manager’s Office

Date:               December 11, 2008 Subject:  Contracts &amp; Agreements

Council Action Requested:

Background Information:

No items at this meeting.

Board/Citizen Input:

Financial Considerations:

Attachments:

Staff Contact:

City Manager’s Office

Memorandum

To:                               Honorable Mayor Shetter and members of the Burleson City Council From:           Stacy Singleton, Fire Marshal

Date:                           January 5, 2009

Subject:                      Minute Order MO-09-052, request from Mark Minor for an extension of Resolution R-1110-08 which declared a moratorium on the enforcement of any city ordinances or codes prohibiting the storage or retail or wholesale sale of fireworks on the property annexed into the City of Burleson by Ordinance A-311-07.

Council Action Requested:

1. Hear the request from Mark Minor of Renegade Wholesale Fireworks for an extension of Resolution R-1110-08.

1. Approve or Deny Minute Order MO-09-052, directing staff to place Resolution R- 1110-08 on the January 20, 2009 City Council agenda.

Background Information:

On January 10, 2008, the City Council approved Resolution R-1110-08, which declared a moratorium on the enforcement of any city ordinance or codes prohibiting the storage or retail or wholesale sale of fireworks on the property annexed into the City of Burleson by ordinance A-311-07.

The passing of this Resolution allowed fireworks stand owners in the areas annexed in January 2008, including Renegade Wholesale Fireworks (owned by Mark Minor) located at 4200 South I-35W, to continue the sale and storage of fireworks for the purpose of providing a reasonable opportunity to the owners and operators of the existing fireworks businesses to reduce the inventory and re-locate the businesses. It also allowed them to have two additional retail sale periods, July 2008 and December 2008.

Resolution R-1110-08 will expire at 5:01 p.m. on January 31, 2009.

Renegade Wholesale Fireworks’ owner Mark Minor has asked to appear before Council to request an extension of Resolution R-1110-08. Mr. Minor has informed staff that he  has been unable to locate an affordable location to relocate his business and that he is having difficulty selling the current location due to damage from storms during the spring of 2008.

Staff does not recommend this extension beyond the one year granted by R-1110-08. Should City Council wish to grant an extension, staff recommends the extension be for storage of current inventory only (exclude all sales) and not exceed six additional months.

Board/Citizen Input:

N/A

Financial Considerations:

There is no expenditure of municipal funds associated with this item.

Attachments:

Resolution R-1110-08.

Staff Contact:

Stacy Singleton, CFEI Fire Marshal

817-447-5400 ext. 220

ssingleton@burlesontx.com

6A – 5

Memorandum

To:                   Honorable Mayor Shetter and members of the Burleson City Council From:  Curtis E. Hawk, City Manager

Date:               January 5, 2009

Subject:          Any action necessary pertaining to recommendation of the Charter Review Committee.

Council Action Requested:

To consider action necessary based on the review of the recommendation of the Charter Review Committee and direct staff.

Background Information:

The Burleson City Council appointed the Charter Review Committee (CRC) for the purpose of reviewing the Burleson City Charter. The CRC was created by Ordinance C- 646-08, approved on September 25^th, 2008 and consisted of 7 members appointed by Council. The CRC was charged with reviewing every section of the Charter for possible amendments. The Burleson City Charter was first approved in 1969 with amendments by the voters in 1974, 1977, 1980, 1982, and 1998. Regular reviews of the Charter keeps the City in compliance with State Law and common city practices that change from time to time.

The CRC presented to Council at the December 11, 2008 Council Work Session its initial recommendations for changes to the Charter. The CRC met on December 15, 2008 to finalize their recommendations for Council to consider any action they deem necessary. All amendments to the City Charter will have to be presented to the voters for their approval. This will require an election to be held. The next election date these amendments could be considered is the May 2009 election. The deadline to call this election is February 10, 2009. Charter Amendment elections will need to be called by Ordinance, which will require two readings.

Board/Citizen Input:

Charter Review Committee

Financial Considerations:

Attachments:

Charter Recommendations

Staff Contact:

Curtis E. Hawk, City Manager, 817-447-5400 ex. 213 chawk@burlesontx.com

Amanda McCrory, City Secretary, 817-447-5400 ex. 277 amccrory@burlesontx.com

6B -24

6C-1

Memorandum

To:                   Honorable Mayor Shetter and members of the Burleson City Council From:  City Manager’s Office

Date:               January 5, 2009

Subject:          Red Light Camera Traffic Enforcement.

Council Action Requested:

Background Information:

All information will be provided to Council at the meeting, if there is need for information to supplement discussion.

Board/Citizen Input:

Financial Considerations:

There is no expenditure of municipal funds associated with this item.

Attachments:

Staff Contact:

City Manager’s Office

7A.-1

Memorandum

To:                   Honorable Mayor Shetter and members of the Burleson City Council From:  City Manager’s Office

Date:               January 5, 2009

Subject: Discussion of Burleson Memorial Cemetery Operations and Management Agreement between Burleson Cemetery Operators, LLC and City of Burleson.

Council Action Requested:

Background Information:

All information will be provided to Council at the meeting, if there is need for information to supplement discussion.

Board/Citizen Input:

Financial Considerations:

There is no expenditure of municipal funds associated with this item.

Attachments:

Staff Contact:

City Manager’s Office

7B.-1

Memorandum

To:                   Honorable Mayor Shetter and members of the Burleson City Council From:  City Manager’s Office

Date:               January 5, 2009

Subject:          Discussion of City of Burleson Legislative Agenda

Council Action Requested:

Background Information:

All information will be provided to Council at the meeting, if there is need for information to supplement discussion.

Board/Citizen Input:

Financial Considerations:

There is no expenditure of municipal funds associated with this item.

Attachments:

Staff Contact:

City Manager’s Office

Memorandum

To:                   Honorable Mayor Shetter and members of the Burleson City Council From:  City Manager’s Office

Date:               January 5, 2009 Subject:  Executive Session

Council Action Requested:

Background Information:

The City Council reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government Code of the State of Texas:

1. Pursuant to Sec. 551.071(1)a, (1)b, and (2), consultation with its Attorney: The City Council may conduct private consultations with its attorneys when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer; or a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. This consultation includes, but is not limited to, the following:

(1)         Floyd Bartula, et al. vs. City of Burleson, Texas.

(2)         Nashville vs. City of Burleson, Rovin Inc. and Paradigms for Success, Inc.

(3)         Kevin Schronk, Individually and as Representative of the Estate of Helen Schronk, Deceased, and Dustin Schronk vs. City of Burleson and Laerdale Medical Corp. Cause No. C200600118 – In the 413P^thP District Court for Johnson County, Texas.

(4)         Darren G. Yancy, Sr. and Carol A. Yancy, Individually and as next of friend for et al. vs. City of Burleson, and Burleson Youth Association

(5)         Advice concerning boundary agreements with area cities;

(6)         Advice concerning Burleson High School #2 Public Infrastructure Improvements

(7)         Rick Johnson claim

(8)         Maggie Ator claim

1. Pursuant to Sec. 551.072, deliberation regarding the purchase, exchange, lease, or value of real property for future expansion of certain programs and services.

1. Pursuant to Sec. 551.073, deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body.

1. Pursuant to Sec. 551.074, personnel matters related to the appointment, employment, evaluation, and duties of the City Secretary, City Manager, and Municipal Court Judge.
2. Pursuant to Sec. 551.076, deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit.