Soilworks products are the industry’s top standard due to our insistence on creating high performance soil stabilization and dust control products that stand up to rigorous testing – both in the lab and in the field. Our commitment to quality and performance has led to our involvement and testing in hundreds of real-world situations. The following library of reports, presentations, specifications, approvals and other similar documents provide you, our customer, the transparency and dependable assurance that is expected from Soilworks.
AGENDA
BURLESON CITY COUNCIL MEETING
January 5, 2009
BURLESON CITY HALL 141 W. RENFRO
BURLESON, TX 76028
Call to Order
WORK SESSION – 6:00 p.m.
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Items to be continued or withdrawn
Items to be withdrawn from the consent agenda for separate discussion.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
Contracts & Agreements
Ordinances & Resolutions
Other Items of Consideration
Presentations
(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
Ordinances & Resolutions
Contracts & Agreements
Other Items for Consideration
Reports & Discussion Items
Executive Session
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 31stday 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) 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 413PthP 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
Memorandum
BURLESON CITY COUNCIL WORK 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
WORK SESSION – Call to order – Time: 6:31 p.m.
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.
None.
None.
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
Vendor / Description |
Amount |
Fund |
REQUISITIONS OVER $3,000: |
|
|
Aerial Focus – Update aerial maps for the Engineering Dept. |
7,000.00 |
GF |
Collegiate Pacific – Softballs for Hidden Creek Sports Complex. |
3,574.45 |
GF |
North Texas Commercial Data Exchange – Burleson |
4,100.00 |
GF |
Prospector/Economic Development Sight Selection. |
|
|
Holt Company of Texas – Mini excavator for the Water Services Dept. |
49,250.00 |
ERF |
Veripro Construction, LLC – Remodel offices in the Finance Dept. |
3,750.00 |
GF |
Corporate Express – Modular furniture for two offices in the Finance |
4,695.35 |
GF |
Dept. |
|
|
Magee Architects, LP – Architect fees for Fire Station #3. |
128,387.66 |
4AST |
NTRLS – Annual access fee for downloadable books for the Library. |
9,500.00 |
GF |
J & J Tree Farm – Oak trees for Bartlett Park. |
3,450.00 |
|
Elster Amco Water, Inc. – Fire hydrant meters for the Water Services |
3,365.00 |
W&S |
Dept. |
|
|
McNaughton Book Service – Library materials lease for FY 2009. |
4,395.30 |
GF |
Orval Hall Excavating Co. – Hidden Creek Parkway ADA Compliance |
40,213.00 |
2001STRBF/ |
issues. |
|
2005CO |
Corporate Express – Modular furniture for the Utility Customer |
14,000.00 |
WSMCP |
Service Dept. |
|
|
Soilworks, LLC – Durasoil® materials for the test road per revisions to |
3,076.01 |
GF |
the gas well ordinance. |
|
|
Johnson County SUD – System development fee on the Fire Station |
12,500.00 |
4AST |
#3 project. |
|
|
Vendor/Description |
Amount |
Fund |
Industrial Power Isuzu Truck – Repairs to # 379 garbage truck in the |
6,764.03 |
ESF |
Solid Waste Dept & #397 dump truck in the Street Pavement |
|
|
Maintenance Dept. |
|
|
HD Supply Waterworks LTD – Stock materials for the Water Services |
8,131.95 |
W&S |
Dept. |
|
|
City of Fort Worth Environmental Management – Household |
19,578.00 |
GF |
hazardous waste disposal fees for FY 2009. |
|
|
The Card Connection – Police Dept. trading card program. |
5,899.00 |
SRF |
North Central Texas Council of Governments – 2009 aerial photos for |
11,056.70 |
GF |
the Engineering Dept. |
|
|
Tri-Tech Construction, Inc. – C/O #2 Additional concrete pavement on |
26,356.00 |
2005CO |
the MIGG Phase 3/Irene Street project. |
|
|
McClendon Construction Co., Inc. – C/O #9 Fence, utility adjustments |
26,030.70 |
2007GOB |
and sodding on the McAllister Road project. |
|
|
Ingram Library Services – Books and Audio/Visual materials for the |
4,924.51 |
GF |
Library. |
|
|
Titliest – Merchandise for resale at the golf course pro-shop. |
5,000.00 |
HCGC |
HNTB Corporation – Supplement #1 Platting services for Chisenhall |
24,988.00 |
2007GOB |
Proper. |
|
|
HNTB Corporation – Supplement #2 Platting services incorporating |
7,139.00 |
2007GOB |
Dilmore into Chisenhall Park. |
|
|
HNTB Corporation – Supplement #3 Development of hydrological |
24,916.00 |
2007GOB |
model for park. |
|
|
HNTB Corporation – Supplement #4 Additional hydro study/survey |
52,097.00 |
2007GOB |
Hidden Creek Parkway. |
|
|
HNTB Corporation – Supplement #5 Building redesign/ drainage and |
178,498.00 |
2007GOB |
utility CLOMR/LOMR. |
|
|
Dunaway & Associates – Additional survey fees on the Oak Valley |
43,899.23 |
4BST |
Trail project. |
|
|
Vendor/Description |
Amount |
Fund |
PAYMENTS OF $3,000: |
|
|
Burleson Opportunity Fund – Pending action of the BOF board to |
48,427.47 |
SRF |
transfer the balance of the Burleson Opportunity Fund account plus |
|
|
any deposits in transit not to exceed the amount presented. The |
|
|
current balance is $46,121.40. |
|
|
Ellerbee-Walczak, Inc. – Engineering testing for various capital |
3,056.00 |
2006CO/ |
improvement projects. |
|
2007CO/ |
|
|
2008CO |
Taylor, Olson, Adkins, Sralla & Elam, LLP – Attorney fees for October |
20,412.10 |
GF |
2008. |
|
|
Ping – Merchandise for resale in the golf course pro-shop. |
3,152.16 |
HCGC |
Taylor Made Golf Company, Inc. – Merchandise for resale in the golf |
3,096.41 |
HCGC |
course pro-shop. |
|
|
DFW Communications – Minor radio equipment for the Emergency |
3,422.32 |
GF |
Services Dept. |
|
|
Hill College – Contribution from the Burleson Opportunity Fund. |
27,778.60 |
SRF |
Texas Commission on Environmental Quality – Water system fee for FY 2009. |
5,024.52 |
W&S |
North Central Texas Council of Governments – Regional storm water program membership fee. |
3,173.00 |
GF |
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)
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.
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)
3E. Public Hearing and consideration of a variance for the installation of a water well for irrigation purposes for BISD High School #2.
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 5th 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. 8th 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:
Design Survey Fee |
$6,500 |
Concept and Preliminary Design |
$60,000 |
Direct Cost Fee (not to exceed) |
$4,000 |
B. Payment for services rendered shall |
be paid on a monthly basis upon written request in |
accordance with the attached project budget – manpower estimate (Exhibit C) and standard hourly rate schedule (Exhibit B):
III.
Services
permission from property owner to survey on private property before surveying is commenced.
.dwg format.
IV.
Time for Completion
Engineer agrees to complete and submit all work required by City as follows:
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
$500,000.00 disease-policy limit.
$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.
X.
Monies Withheld
When City has reasonable grounds for believing that:
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 8th 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 1st) and, shall be adjusted administratively during the year on no more than a quarterly basis (Jan. 1st, April 1st, July 1st -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:
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.
Projects Complete from Ordinance Adoption to Reporting Period (Nov. ’05 – April ‘08) |
Projects Complete during this Reporting Period (April ’08 – Sept. ‘08) |
Projects Under Construction During Reporting Period (April ’08 – Sept. ‘08) |
Water – Pumping |
||
1. Brushy Mound Pump Station Expansion |
|
|
2. Shaffstall Pump Station |
|
|
Water – Ground Storage |
||
3. Shaffstall Ground Storage |
|
|
Water – Elevated Storage |
||
4. Turkey Peak Elevated Storage Tank |
|
|
Water – Transmission Lines |
||
6. Southwest System Improvements |
|
|
7. North City 12″ Loop (Mistletoe Hill Portion) |
|
|
8. Hidden Creek Parkway Water Line Improvements |
|
|
9. Alsbury Boulevard (Villages of Wakefield) 16″ Water Line |
|
|
10. West Bend 12″ Loop (Through West Bend, Phase 5) |
|
|
15. Upper Pressure Plane Improvements |
|
|
Sewer – Collection Lines |
||
11. Village Creek Relief Line |
16. Village Creek Relief Line (Town Creek to SH 174) |
|
12. North Creek Relief Line (Mistletoe Hill participation portion) |
|
|
13. Town Creek Relief Line |
|
|
14. Shannon Creek Trunk Line |
|
|
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
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:
Description |
Water |
||
Residential |
Commercial |
Total |
|
” Service Units Charged |
194* |
69** |
263 |
$ Service Units Charged |
$156,142.84 |
$55,535.31 |
$211,678.15 |
$ Offsets/Credits Earned |
$5,001.81 |
0 |
$5,001.81 |
$ Net Amount Collected |
$151,141.03 |
$55,535.31 |
$206,676.34 |
* Based on 190 residential permits issued.
**Based on 13 commercial permits issued.
Description |
Wastewater |
||
Residential |
Commercial |
Total |
|
” Service Units Charged |
202 |
40* |
242 |
$ Service Units Charged |
$79,989.98 |
$15,839.52 |
$95,829.50 |
$ Offsets/Credits Earned |
$501.33 |
0 |
$501.33 |
$ Net Amount Collected |
$79,488.65 |
$15,839.52 |
$95,328.17 |
* Based on 6 commercial permits issued.
Budget Comparison
Impact Fee |
Collected in FY2008 |
Budget |
% of Budget Amount Collected |
Water |
$400,481.15 |
$423,163.00 |
95% |
Wastewater |
$178,351.07 |
$236,376.00 |
75% |
Total |
$578,832.22 |
$659,539.00 |
88% |
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)
LOCATION DESCRIPTION |
SIZE |
STATUS OF CONSTRUCTION |
|
|
|
Brushy Mound Pump Station Expansion |
3.0 MGD |
Complete |
Shaffstall Pump Station |
5.0 MGD |
Complete |
Mountain Valley Pump Station Expansion |
3.0 MGD |
Proposed 2009 |
Alsbury Pump Station Expansion |
10.0 MGD |
Proposed 2009** |
Shaffstall Ground Storage |
2.0 MG |
Complete |
Westside Ground Storage |
1.0 MG |
Proposed 2015 |
Shaffstall Ground Storage |
2.0 MG |
Proposed 2015 |
Turkey Peak Elevated Storage |
0.75 MG |
Complete |
I-35 Elevated Storage |
1.5 MG |
Proposed 2009 |
TABLE 2: IMPACT FEE CAPITAL IMPROVEMENT PLAN PROPOSED WATER FACILITIES (TRANSMISSION LINES)
LOCATION DESCRIPTION |
SIZE |
STATUS OF CONSTRUCTION |
|
|
|
Upper Pressure Plane |
16″, 12″, 8″ |
Complete |
Southwest Supply System |
24″, 16″, 12″ |
Complete |
North City Loop |
12″ |
Partially Complete * |
SH 174 (Shaffstall to Wicker Hill) |
16″ |
Proposed 2009 |
Hidden Creek Pwky (HC Tank to Hurst) |
20″, 12″ |
Complete |
FM 731/Alsbury WL |
16″ |
Proposed 2008 |
I-35W (Industrial GS to HCGC) |
24″ |
Proposed 2009** |
Chisenhall/Future Hulen WL |
16″, 12″ |
Proposed 2011 |
West Bend Loop |
12″ |
Partially Complete* |
Hulen (FM 731 to Chisenhall WL) |
16″, 8″ |
Proposed 2012 |
Westside WL |
20″ |
Proposed 2014 |
Wicker Hill to Mountain Valley |
12″ |
Proposed 2014 |
Upper Pressure Plane |
8″ |
Complete |
*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)
LOCATION DESCRIPTION |
SIZE |
STATUS OF CONSTRUCTION |
|
|
|
SH 121 Lift Station |
2.38 MGD |
Proposed 2013 |
TABLE 4: IMPACT FEE CAPITAL IMPROVEMENT PLAN PROPOSED WASTEWATER FACILITIES (COLLECTION LINES)
LOCATION DESCRIPTION |
SIZE |
STATUS OF CONSTRUCTION |
|
|
|
Village Creek Relief Line (FW Meter to Town Creek) |
36″,30″,27″ |
Complete |
North Creek Relief Line (Village Creek to McAlister) |
15″,12″ |
Proposed 2008 |
Town Creek Relief Line (Village Creek to FM 731) |
24″,21″,18″, 15″,12″,10″ |
Complete |
Village Creek Relief Line (Town Creek to SH 174) |
24″ |
Complete |
Shannon Creek Trunk Line (SH 174 to Prairie Timber) |
24″,18″ |
Complete |
Village Creek Relief Line (Shannon Creek to Cross Timber) |
15″,12″ |
Proposed 2010 |
South Shannon Creek Trunk (Shannon Creek to Tantarra) |
10″ |
Proposed 2011 |
Willow Creek Trunk & Relief Line |
15″,10″ |
Proposed 2012 |
SH 121 Corridor Trunk |
12″ |
Proposed 2013 |
Quil Miller Trunk (Hurst Creek to Taylor Bridge Est) |
15″ |
Proposed 2008 |
Quil Miller Trunk (Taylor Bridge Est to I-35W) |
12″ |
Proposed 2009 |
Northeast Trunk Line (Village Creek to C.L.) |
12″ |
Proposed 2014 |
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:
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:
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.
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:
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.
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.
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:
of chain link. However, in certain urban locations, at the discretion of City Council, a masonry wall or wrought iron fence may be required.
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.
|
Legally Required Compliance |
Actual Compliance |
||
|
|
|
% of Sites |
|
Legal Standard and Security Requirements |
No. of Sites required to meet this |
% of Sites required to meet this |
Compliant with required |
No. Of Sites that meet each Standard |
|
Standard |
Standard |
Standard |
|
Annexed None |
8 |
16% |
100% |
1 (2%) (Other 7 meet Ord.B-775-07) |
Ordinance B-761-06 8’ masonry wall with locked gate required within 30 days of completion. |
10 |
20% |
100% |
0 (All 10 meet Ord.B-775-07) |
Ordinance B-775-07 |
|
|
|
|
Monitored gate closure sensor, keypad |
31 |
64% |
100% |
48 |
entry, 6’ perimeter chain link with barbed wire, internal fencing |
|
|
|
(98%) |
Totals |
49 |
100% |
|
49 |
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:
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.
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.
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.
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.
a depth or use other than that set forth in the then current permit for such well.
(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.
for any drill site, wellhead, or any other proposed disturbance of soil located within any floodway identified by FEMA on the most current FIRM.
Sec. 14-357. Gas Well Permit application and filing fees.
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) 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.
Figure 1: Permit Application Sign
Sec. 14-358. Gas Well Permit application review procedures.
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.
Deleted: ¶
The sign may be designed as follows:¶
¶
Figure 1: Permit Application Sign¶
<sp>¶
Deleted: After conducting the public hearing, the
Sec. 14-359. Suspension or revocation of Gas Well Permit</span>; issuance of a citation, effect.
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.
Sec. 14-360. Periodic Reports.
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.
regulations of this Ordinance and the City. The original bond shall be submitted to the City Manager.
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.
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.
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.
DIVISION IV. Technical Regulations Sec. 14-362. Technical Regulations.
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.
then such vent or open flame shall be located within one hundred twenty five (125) feet of the wellhead.
or ore and maintained to prevent dust and mud. All roads shall be watered or wetted to minimize dust.
Figure 2: Shaker System
(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
Figure 4: Danger No Smoking Signs
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.
(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.
Permitted Increase Duration of Increase (dba) (minutes)*
5 to10…………………………………………………….. 15
>10 to 15……………………………………………………. 5
>15 to 20……………………………………………………. 1
20+………………………………………………. less than 1
*Cumulative minutes during any one hour
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.
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.
Any decreases in the distances set out in this subsection shall be approved by the City Council by Variance.
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:
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.
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.
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) 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.
Number per calendar year |
Fine per each |
1-3 |
$ 500 |
4-9 |
$1000 |
10-15 .. |
$1500 |
16-20 . |
– $2000 |
21+ $2000 and suspension of Gas
Well Permit
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.
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.
Sec. 14-365. Plugged and abandoned wells.
DIVISION V. Appeals
Sec. 14-366. Appeals.
Sec. 14-367. Penalty.
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;
(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:
(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:
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:
(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:
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.
(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.
(m) Wiring irrigation systems.
(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:
(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 30th, 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 & 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:
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 25th, 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) 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 413PthP 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
Board/Citizen Input: Financial Considerations: Attachments:
Staff Contact:
City Manager’s Office
Copyright Soilworks, LLC 2003-. All Rights Reserved. Soilworks®, Soiltac®,
Gorilla-Snot®, and Durasoil® are registered trademarks of Soilworks, LLC.
Copyright Soilworks, LLC 2003-. All Rights Reserved. Soilworks®, Soiltac®,
Gorilla-Snot®, and Durasoil® are registered trademarks of Soilworks, LLC.