CP 2009-04-28
NOTICE OF CITY COUNCIL MEETING AND AGENDA
APRIL 28, 2009
DOUG STOVER, MARVIN FRANKLIN, Place 6
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 KAREN HUNT, Place 7
CLAY PHILLIPS, City Manager
MEETING TIME AND PLACE:
Call to Order 5:30 p.m. Council Chambers (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, April 28, 2009, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. Discussion regarding Oil & Gas Ordinance.
2. Discussion regarding Mira Mar Hearing Procedures.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. ED Prospects West of Beltline/Denton Tap and south of Bethel
Road and north of Sandy Lake Road and west of Coppell
Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Identity Theft Policy.
B. Discussion regarding the Fee Resolution.
C. Discussion regarding Service/Arts Organizations’ Schedule.
D. Discussion regarding Kirkland House/Minyards Renovation.
E. Discussion regarding Restland Chapel Signage.
F. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Presentation of the Distinguished Budget Presentation Award to Finance
Department.
8. Graduation ceremony for Leadership Coppell Class of 2009.
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ITEM # ITEM DESCRIPTION
9. Consider approval of a proclamation naming April 27 through May 1,
2009 as Cleaning for a Reason Week, and authorizing the Mayor to sign.
10. Consider approval of a proclamation naming the week of May 3 through
May 9, 2009 as Municipal Clerks’ Week, and authorizing the Mayor to sign.
11. Citizens' Appearances
CONSENT AGENDA
12. Consider approval of the following consent agenda items:
A. Consider approval of minutes: April 13, 2009 & April 14, 2009.
B. Consider approval of an ordinance abandoning a utility and water
line easement created by Ordinance #92547, located in the J. W.
Anderson Survey, Abstract No. 18; reserving all existing easement
rights of others if any, whether apparent or non-apparent, aerial,
surface, underground or otherwise; providing for the furnishing of a
certified copy of this ordinance for recording in the real property
records of Dallas County, Texas as a quitclaim deed; and
authorizing the Mayor to sign and to execute any necessary
documents.
C. Consider approval to award Bid #Q-0309-01 HVAC Maintenance
Contract to Johnson Controls, Inc. in the amount of $97,056.00 as
budgeted for a one year term beginning May 1, 2009 with options
to renew an additional four years, and authorizing the City
Manager to sign all necessary documentation.
D. Consider approval of an agreement with Jalal Khorrami to acquire
0.026 acres of land, in order to expedite the Bethel Road
improvements through Old Town, and authorizing the City Manager
to sign and execute any necessary documents.
E. Consider approval of a Resolution adopting the Identity Theft Policy
in accordance with the Fair and Accurate Credit Transaction Act of
2003, and authorizing the Mayor to sign.
F. Consider approval of a Resolution amending Resolution No.
010996.3 as heretofore amended, with regard to zoning fees;
building inspection fees; Rolling Oaks Memorial Center and
garbage collection fees and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
G. Consider approval to extend the agreement with Direct Energy
Business, LLC for an additional two year period for PSC Services and
Electricity and authorize the City Manager to sign.
H. Consider approval of entering into an agreement with DFW
Communications, Inc. to purchase and install a Bidirectional
Amplifier in the warehouse district located near Beltline and
Interstate 635 in the amount of $62,804.39; and authorizing the City
Manager to sign.
END OF CONSENT
13. Consider approval of an Ordinance of the City of Coppell, Texas,
approving an amendment to Ordinance No. 2008-1205, the budget for
the Fiscal Year October 1, 2008 through September 30, 2009, and
authorizing the Mayor to sign.
14. Consider approval to award Buy Board Quote to Gomez Floor Covering,
Inc. in the amount of $79,653.49 for the replacement of the gymnasium
floor at the Coppell Aquatic and Recreation Center as budgeted, and
authorize the City Manager to sign and execute all necessary documents.
15. Consider approval of an agreement between the State of Texas and the
City of Coppell in the amount of $552,466.80, plus any cost overruns, for
the acquisition of Right-of-Way associated with State Highway 121 from
the Tarrant/Dallas County line northeasterly to Denton Creek and
authorizing the Mayor to sign.
16. Consider approval of an Ordinance Amending The Code Of Ordinances
Of The City Of Coppell, Repealing Article 9-26, “Oil And Gas Drilling And
Production,” In Its Entirety, And Replacing With A New Article 9-26, “Oil
And Gas Drilling And Production,” Regulating The Drilling And Production
Of Oil And Gas Wells; and authorizing the Mayor to Sign.
17. Deliberate and decide the appeal of Mira Mar Development, LLC
pursuant to §212.904 Texas Local Government Code to apportion the
costs of municipal infrastructure improvements in accordance with
applicable law for the Alexander Court Subdivision Development.
18. Mayor and Council Reports.
A. Report by Mayor Stover regarding Family Fish to be held May 9 from
9 am to 1 pm at Andy Brown East.
B. Report by Mayor Stover regarding Education Foundation dinner on
May 5.
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ITEM # ITEM DESCRIPTION
19. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell
B. Coppell ISD – Peters and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Peters.
E. DFW Airport Board – Peters.
F. International Council for Local Environmental Initiatives (ICLEI) –
Brancheau
G. Metrocrest Hospital Authority – Tunnell.
H. Metrocrest Medical Foundation – Hunt.
I. Metrocrest Medical Services – Hinojosa-Flores.
J. Metrocrest Social Service Center – Hunt.
K. North Texas Council of Governments – Peters.
L. NTCOG/Regional Emergency Management – Franklin.
M. North Texas Commission – Franklin.
N. Senior Adult Services – Faught.
20. Necessary action resulting from Work Session.
21. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 24th day of April, 2009, at
__________________.
____________________________________
Libby Ball, City Secretary
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DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
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KEY TO COUNCIL GOALS ICONS
COPPELL VISION 2030
Sustainable City Government
• Excellent City Services with high level of Customer Satisfaction
• “Green” City Operations and Facilities
• Excellent and Well-maintained City Infrastructure and Facilities
• Top Quality City Workforce
• Financial Resources to Support City Services
Business Prosperity
• Retention and Attraction of Businesses that generate revenues for the City
• Major Retail and Top Quality Business Office Park along I-635 and SH 121
• Old Coppell as a Small Town Village
• Community Commercial Centers
• House Offices and Home-Based Businesses
Community Wellness and Enrichment
• Community Gathering Places
• Recreation Programs and Services for all Generations
• Expand Cultural Arts Amenities and Opportunities
• Residents’ Wellness and Longevity
• Community Education Programs and Support of Top Quality Schools
• Multi-Use Trail Systems Connecting the City
Sense of Community
• Residents and Businesses Engaging and Contributing to the Coppell Community
• Strong Community Events and Festivals
• New Residents Welcome and Involved
• Effective Community Partnerships
• Future Civic Community Leaders’ Development
Special Place to Live
• Quality Housing for Family Generations
• Beautiful Green City
• Revitalizing Neighborhoods
• Mobility within Coppell
• Easy Access to Dallas-Fort Worth Regions
AGENDA REQUEST FORM
DATE: April 28, 2009
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. Discussion regarding the Oil & Gas Ordinance.
2. Discussion regarding Mira Mar Hearing Procedures.
B. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road and
north of Sandy Lake Road and west of Coppell Road.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: April 28, 2009
ITEM #: WS-3
WORK SESSION
A. Discussion regarding Identity Theft Policy.
B. Discussion regarding the Fee Resolution
C. Discussion regarding Service/Arts Organizations’ Schedule.
D. Discussion regarding Kirkland House/Minyards Renovation.
E. Discussion regarding Restland Chapel Signage.
F. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
Service Organizations Funding Requests
Allocated Allocated Requested
Organization CoppellHistorical SocietyChristian Community Action
Children sAdvocacy Center Denton County The
Family Place Senior Adult Services Metrocrest Social
Services Special Care Career Services Metrocrest Family Medical Clinic Ballet Ensemble of Texas
Coppell Chamber of Commerce Coppell Copperheads Baseball Total With
allocated toCoppell Copperheads Baseball With allocated to Coppell
Copperheads Baseball
Copefl Hisot ieolSoeie y
PO Booc CoppeR
IX April Coppell Mayor
and Council City
Hall Coppell Texas Mayor
and Council
Members Thank you
for contacting us regarding
theupcoming review of funding requests for non profit organizations We
have been a non profit
organization since and have attached all documents as requested We are requesting
to help us provide programs and materials we feel will benefit Coppell students
and adult citizens as well With the restoration of the
Kirkland House and the Minyard Store the Coppell Historical Society intends to
Develop and present innovative and engaging exhibits that interpret significant
historical events found inCoppell Develop exhibits films and
a visitor orientation center that will
position the Coppell Historical Society as an important beginning place
for the area s visitors Produce supplementary materials for local
educators by providing exhibits and
programs specifically related to classroom curriculum Become a
major destination for cultural tourism in this area
We appreciate very much the support you have always given our group
and thank you for your consideration of this request
Ba ara Lee President
Coppell Historical Society
Organization Name
Service Organization Cover Sheet
ftDate
Presentation Time
if necessary
Amount Requested
t F Tj
stAtaGlanceSumary
Ii O OOtJ Presenter name
s Person Completing
Information Service
Provided
Number of
Coppell Residents Receiving Service Percentage of
Coppell Residents Receiving Service as a
Percentage of Total Prior Year
Current Year Proposed Total BudgetDirectAssistance
Provided toCoppell residents of Budget
from Coppell Partner Cities
Name Amount Percentage of
Services
Overhead percentage
cNon
Profit Number SdJ INumber of
Persons
inOrganization To
the best of my knowledge
the information submitted accurately reflects the financial status ofthe requesting organization Signod t
ca
Christian Community Action
Scott Orr
PRESIDENT CEO ADVISORY
BOARD Walter
EEd Johnson CHAIRMAN
Chris
Bancroft Ron
Crosby Jack
Furst Chad
Hennings J
Huffines STATE SENATOR
Jane Nelson
J V
Jerry Smith Jack Turpin
Gene Wilborn
Don Wills
BOARD OF
DIRECTORS Tom Black
CHAIRMAN Bill
Davidson
Tamra Deuser
MD Elaine Emery
Darren Evans
Mario Flores
Marvin Franklin
Andy Gabehart
Steve Griffin
Rhonda Loving
Nick Panza
Tom Plichta
David Porter
Jeff Price
Carol Rooney
Jeff Schuetts
Terry Smith
Brent Thornton
Doug Welch
Jill Carter
Welke Christian Community
Action isa c
nonprofit organization Donations are taxdeductible
April Ms Jennifer Miller
Finance Department City
of Coppell Parkway
Blvd Coppell
Texas Dear Ms
Miller On behalf
of the Board
of Directors and
Staff ofCCA I thank you for the opportunity to submit this proposal requesting funding from
the City ofCoppell Please do not hesitate to contact me
if
you have any questions or concerns Ilook forward to hearing from you in
regards to making a formal presentation Thank you for your time and consideration
Sincerely
cr Development Analyst Christian Community Action South
Mill
Street
Lewisville Texas
VOICE HELP FAX
WEB www ccahelps org
Service Organization Cover Sheet
Date April Organization Name
Christian Community Action CCA Presentation Time
Presenter Name
sScott Orr President Kathie Gautille VP Marketing Development Lara
Fronczek Development Analvst Person
Completing
Information Lara Fronczek Development Analyst Ata
Glance Summary Amount Requested
Amount given last year Service Provided CCA will serve low
income residents in Coppell ISD CCA serves families in crisis bv providing food housing medical and vocational
training along with vital personal and spiritual support CCA also intends to directly serve
low income Coppell ISD children through the Kids Eat Free Summer Program and will provide meals throughout
the summer months tochildren whose families depend onthe free and reduced school lunch program
during the school year Total Number ofIndividuals Receiving Service Number
of Coppell Residents Receiving Service unduplicated invididuals
Percentage of Coppell Residents Receiving Service Total Budget Prior
Year Current Year Proposed Direct Assistance Provided to
Coppell residents ofBudget
fromCoppelI Funds
from Coppell
account for ofCCA
s
Budget Partner Cities
Name Flower Mound Lewisville CDBG Denton ESGP CoppellAmount
Percentage of Services Overhead percentage Number of Persons in Organization c Non Profit Number
Signed ately reflects
the financial
status of
the To
the
best
of my
knowledge the
information submitt
requesting organization
OOCJS
CHILDREN S
ADVOCACY
CENTER
justice healing
April City of
Coppell C O
Clay Phillips City Manager P O
Box Coppell TX Dear
Mayor and Members
of City Council TheChildren s Advocacy
Center for Denton County CACDC respectfully submits the enclosed funding request to
the City of Coppell in the amount of for FY We very much appreciate the support shown by
the City ofCoppell and City Council over the years It is very apparent that
City Council and city staffbelieve in the work being done at the Advocacy Center The mission
ofthe Children s Advocacy Center for Denton
County CACDC isto provide justice and healing for abused children through interagency
collaboration CACDC serves children who are victims of sexual abuse
or very serious physical abuse and their non offending family members The City of
Coppell Police Department isone of thirty two law enforcement agencies that have an
interlocal agreement with CACDC toconduct its investigations at our facility and with other
CACDC partner agencies While the name of our agency indicates the agency
serves Denton County we serve residents from the entire City ofCoppell Coppell Police
Department and clients prefer to come to our Advocacy Center because of our
proximity to Coppell the child friendly environment and our customer service Weare very excited to
let you know that we will be moving into our new facility in June The
Center provides justice to child victims and their non
offending family members by facilitating a joint investigation of the case among law enforcement
Child Protective Services the District Attorney s Office and sexual assault nurse
examiners The Center provides a variety of direct services to families and partner
agencies including videotaped interviews case reviews assistance with crime victim scompensation benefits
community referrals and coordination of sexual assault examinations Toprovide
healing the Center provides free therapy to the
child and to their non offending caregivers Clinical services include individual therapy group therapy play
therapy family therapy extended assessments psychological testing court preparation and
crisis intervention jiR II ruli dJCJ
f u O
OIIi Tiph fax Archer
Avenue Lewisville TX www cacdc
org CHILDREN S
Atll NCEr
Page The
Children s Advocacy Center isgrateful to the City of Coppell for funding provided to
our agency inpast years Weare dedicated toproviding quality services to Coppell residents
from throughout the city Weare also proud to team with the Coppell Police Department
inour joint effort to hold offenders accountable for their crimes against children
Currently the investigator working cases through our agency isDetective Danny
Barton I
look forward toproviding a presentation to City Council onMay Iwould also like to extend
an open invitation tothe City Council to visit our agency at a time that is convenient for
youI would be happy to provide individual orgroup tours of our current facility If
you have any questions please do not hesitate to call me at extension Sincerely o Dan Leal
Executive Director
Enc
Service
Organization Cover
Sheet Breakdown
of Services Provided to Coppell
Residents Proof ofCFY Audit FY
Audit Forthcoming Municipal Fair Share
Funding Chart
Service Organization Cover Sheet
Y It I
C
are AtAv u ciel f r Oh Jih othY Date Organization
Name
Presentation Time
if
necessary To be filled in by City of Coppell Finance Dept Dq
n Le D LefA
rX Cu Ve Dre c hJr At a
Glance Summary I I
S
b r f fS
j G f f J VJ I C e f VI fcJ S r Il ctf Glo rrL iADl GF
fJ lV l VtI J f eVfce l Cfbe Q Q br C
C J t Force fflf lff e U flfj IerC p f
r j J C fl e r v J DIL ct swh J s C t l c
e S j Gl YVI J S l ilJrare Ftt l ij e I
rr O Total Numbolol nd duaJliR e vmg SecelNumberofCoppellResidentsReceivingServiceatPresenternames Person Completing
Information Amount Requested Service Provided Percentage of
Coppell
Residents Receiving Service
as a
Percentage
of Total
To al
Budget pri Year qDirect Assistance
Provided to Coppell residents of
Budget from Coppell Partner CitiesNameOverhead percentag
cNon Profit Number Amount given
last year J J
Fl L
Current Year
s O VrProJ pd
iol DCO I
CI
S rv e s
J F
f dt V
lAe
AmountPercentagt of
ServicesJ JO
DO Jd b IR Jt D n
l q DdD rt I d
t if
ct
etGI
e lS
J Cfibs To the best
of my
knowledge the
information submitted
accurately reflects the financial
status of the requesting organization Sgned Q
t C C
tVL D rdol
th J
April Clay Phillips
City Manager The City
of Coppell Parkway P
O Box
Coppell TX Dear Mr
Phillips Iam
writing to you
today to request program support of from The City of Coppell in FY to help pay for services for women
and children victims of family violence in your community We are grateful for the past support of
The City of Coppell which has allowed us to expand this successful program The Family Place Metrocrest
Outreach Program provides women victims offamily violence inthe Metrocrest area
withcrisis counseling follow upcontact group treatment support hotline and in person information
and referral justicesupport and advocacy emergency financial assistance emergency legal advocacy
assistance in filing victims compensation claims andpersonal advocacy In
the program served English speaking women and their children and Spanish speaking women
and their children as well as Metrocrest students through our Youth Education and Prevention
Services inMetrocrest schools In we served atotal of clients from The City
ofCoppell clients and
their children in counseling clients in our youth violence prevention programs and clients in our Battering Intervention and Prevention
Program for abusers As word continues to getout about this outreach facility through our
Web site newsletter which mails to approximately
individuals three times per year approximately speaking engagements per year for our Metrocrest Outreach Assistant
Program Director public service announcements stories in local media sources work with local
community services and police departments and word ofmouth the number
of people positively impacted by this program continues to rise Following you
will fmd our proposal for funding your form and requested attachments Please give
me a call directly if Ican
provide further information Thank you again for your consideration of this important grant which
will help us increase awareness and bring many victims to safety Together
we can stop the suffering ofvictims of family violence in the Metrocrest Best regards
Executiv rector PO Box DaliaJ Texas fax www familyplace org BOARD OF DIRECTORS PRESIDENT Ftriale Millen
SECRETARY Sandra St v ns
TREASURER Stro
Holland v
pFACILITIES Doug
Haulbak rvp
DEVELOPMENT Shauna Tri
bvpLONG
RANGEPLANNING Todd
Price vp
NOMINATING
Dmiu Marino
Ball
v p HUMAN CAPITAL
Manu
l Zaby
Jrv p
PUBLIC AFFAIRS Calvin
ColbmGENERAL COUNSEL
Kristin Bau r
KimAlleman Pam lath
IL
Duff Dmis Yvonn
Bunkky Lillian Cho
AnnConn ruah
Davis Pam Davis Kunan
Dlanl JMari
Duf sn
Mieha l
Dugan Christina Durovieh
Dwight Emanu
lson Jiff Franka John Gala Joyce
Goss Mieh lle
Grunstr a
Jami Hardy Kristin
Holt Maei
Jepson Mary
Ann Johnson RobinLadik
Kristin Larimor Kathrina
McAfu K vin
Ann Marcy
s Billy MeNdl
Retta Miller
Paig Nash
Lisa P
terson Dav uler Kaki
Roaeh Mieh
lle Robms
Cass Robinson
Rudy Saneh z
Jr Alan
Suin Cassi
Sum Cathy
Tang St vTh len
J su
Villarrt al
arm Williams
Lynn ura EXECUTIVE
DIRECTOR Paig
Flink I
IMII
Service Organization Cover Sheet
Date April Organization Name
The Family Place Presentation Time
ifnecessary
To be filled inby City of Coppell Finance Dept Presenter name
Jennifer Lankford Person Completing
Information Karen Miller At a
Glance Summary Amount Requested
Amount given last year Service Provided The Family Place Metrocrest
office is a domestic violence agency that provides individual and group counseling to victims
of domestic violence and their children to residents of Addison Carrollton Coppell Farmers Branch and
Northwest Dallas In addition to counseling services other services offered are shelter legal
assistance with divorce and custody Protective orders court accompaniment and presentations to schools and
the community ondomestic violence and healthy relationships The Family Place Metrocrest office
serves all Coppell residents regardless of which county they reside and their income levels
All services are free Total Number of Individuals Receiving Service
Number of Coppell Residents Receiving Service Percentage
of Coppell Residents Receiving Service as a
Percentage of Total Total Budget Prior
Year Current Year Proposed Direct
Assisitance
Provided to Coppell residents of Budget
from Coppell Partner Cities
Name
Amount Percentage
of ServiceAddisonCarrolltonFarmersBranchOverheadPercentage
Number if Persons in Organization
cNon Profit Number
To the
best of
my knowledge
the
information submitted
accurately
reflects
the
finanacial
status
of the
requesting organization r
Signed
SENIOR
ADULT
SERVICES
ADDISON CARROLLTON COPPELL FARMERS BRANCH
April City of
Coppell Clay Phillips
Coppell City Manager Parkway Blvd
Coppell TX Dear
Mr Phillips and
City Council Members On behalf ofthe Senior
Adult Services SAS Board of Directors Staff Clients and highly esteemed Volunteers thank you for your
generous grant for FY Itenabled SAS to improve the lives ofseniors and caregivers Le people facing the challenges
of aging by providing practical solutions for independent living Throughout our over years of serving
the metrocrest area your support has helped us serve seniors and caregivers with the highest regard for their
most pressing needs This past fiscal year brought us several
surprises which have had a major impact on our delivery of services That included such things as gasoline hitting gallon
and the accompanying increase infood prices both very tough realities forour clients on fixed incomes over
ofwhom are at low toextremely low income levels These issues made it necessary to raise transportation and home
delivered meal fees slightly but only where income levels allowed However the most devastating issue facing all
of us continues to
be the shocking surprise of the current economic downturn While this affects all us ithas especially created
asubstantial level of fear among our clients and especially among our volunteers Many of these people have
watched life long savings and retirement plans erode at a rapid pace and there is very
little that any of them could do about it And while this has drastically slowed down our income it remains foundational for our
people toknow that we are still here and still able to provide guidance and counsel for people who
are in need of our services as well as our ability to raise a voice for seniors and caregivers Your continued support is
now more vital than ever before We our also able to report that we continue to experience
steady growth in the number ofCoppell residents receiving services from SAS Most recent demographic data confirmed by the
Coppell web site indicates that atotalof people age and over are eligible for our services
That s an increase of over census levels atrend which ispredicted toproduce afour fold increase inthenumber
of people over age by the year The following table puts that number in the context of the area we serve MUNICIPALITY
TOTAL POPULATION POPULATION OVER ADDISON CARROll TON COPPEll FARMERS BRANCH TOTALS United Way cWest Beltline
Suite Carrollton Texas fax www senioradultservices
org
Our programs have a tremendous impact on the lives of people residing in Coppell who are facing the challenges
of aging and struggling to maintain their independence During FY and the first two quarters of this FY
we provided the following services
SERVICE TOTAL FY COPPELL FY TOTAL FY COPPELL FY
Client Services Transportation Rides Home delivered
Meals Home Repair Jobs Information Callers
Caregiver Support Medical Equipment Loans Direct Aid From
this information the importance of our transportation
program to Coppell residents is readily
apparent Coppell represents of our total
clients but accounts for over of the
total number of rides provided byour transportationprogram in FY
This same pattern is continuing in FY indicating transportation will continue tobe one of
our strongest programs for Coppel seniors and caregivers For future funding considerations one of our major concerns for next fiscal
year is the fact that we will be forced to relocate our offices in FY
Our lease with the City of Carrollton will expire as of March and cannot be
renewed We hope tomove prior to that date by the end of calendar year Preliminary estimates put moving expenses at
over in plant and equipment Your decision tocontinue Coppell s funding atcurrent levels will allow us to continue to
operate our programs without the stress of relocation affecting budget needs any more than necessary Additionally we are concerned
about our ability tocontinue to offer transportation services without interruption The fact is that one ofour
SAS lift equipped vans is now nine years old Recent roof leaks and major brake work for example
are representative ofthe high cost of
maintaining an older vehicle However no matter how well maintained equipment willonly last
so long Replacement of such avehicle will be necessary inthenear future Inthe meantime maintaining current funding levels
will help us to keep both of our vehicles running as dependably aspossible to meet our transportation
program requirements without interruption Therefore in light of the present economic climate and given both the strain onexisting
funds and equipment as well as the importance of our role in serving Coppell residents we hope that you
will continue our contract at for the coming fiscal year And welook
forward to meeting with the City Council on May Best regards Gerendas Executive Director
Service Organization Cover Sheet
Organization Name
April Senior Adult
Services Date Presentation
Time
ifnecessary
To be filled inby City of Coppell Finance Dept Presenter name
sGreq Gerendas Mary Harr s Person Completing
Information Greg
Gerendas At a
Glance Summary Amount Requested
Amount given last year Service Provided Senior Adult Services provides
onestop resources anu information to help seniors and
caregivers assess their needs make informed choices and maintain their
independence Services available are information referr lC
HP m n gpmpnt tr nHpnrt t on medical e ui ment Number of
Coppell Residents Receiving Service
Percentage of Coppell Residents Receiving Service
as
a
Percentage of Total Prior Year Current
Year Proposed Total Budget of
Budget from Coppell
Direct Assistance
Provided to
Coppell residents
Partner Cities
Name
Amount PercentageofServices
Addison Carrollton Farmers Branch
Overhead percentage
Number
ofPersons in Organization cNon
Profit Number To the
best
of my
knowledge
the
information submitted
accurately reflects
themancialstatus
of the requesting
organization Signed
METR CREST
SOCIAL SERVICES
The Key to Preventing Homelessness
April Mr Clay Phillips
City Manager of
Coppell PO Box
Coppell TX Dear Mr
Phillips Thank you
for the opportunity
to request continued support forservices to low income families and other families facing financial crisis
in Coppell Many families experience major financial
challenges when confronted with short term job loss or illness Other local individuals struggle
to forestall foreclosure as they deal with increasing housing costs Regardless of the emergency
Metrocrest Social Services stands ready tohelp families through their emergencies and plan for
a more secure future Through our assistance with rent utility payments case management medical prescriptions food
and more we truly prevent families from being homeless Our Employment Program provides
individuals with support for a successful work search in the form of resume assistance
and individual job leads gasoline vouchers and bus coupons During FY five percent of
all families served by Metrocrest Social Services were from Coppell This represents family members that received
one ormore services These families received services at avalue of in direct financial
assistance rent utilities food school shoes school supplies etc The direct financial assistance MSS provides on clients
behalf helps
to stabilize the individual family and provides support tothe local economy as accounts are
kept current with apartments mortgage companies and utility companies We respectfully request your support of
our services to Coppell
residents to the level of A United Way Community Partner serving Carrollton Farmers Branch Addison Coppell and ZIP
in Denton County The Gravley Center W Belt Line Road Suite Carrollton TX FAX www metrocrestsocialservices org
Metrocrest Social Services
Page Weare
truly grateful for our partnership incaring for local families Thank you sincerely for the opportunity
to present this request Sincerely
Bunny
Summerlin Executive
Director Enclosures
Service
Organization Cover Sheet Verification
ofnon profit status Most
recent financial statement Profit and Loss Budget Overview and Audit Additional information
Agency brochure and Winter Spring Newsletter Names of individuals
giving presentation A United Way
Community Partner serving Ca ollton Farmers Branch Addison Coppel and ZIP in Denton County The Gravley Center W
Belt Une Road Suite Carrollton TX FAX www metrocrestsocialservices ora
Organization Name
Service Organization Cover Sheet
J D Me
ArocXeSoci evvi Date Presentation
Time
ifnecessary
To be filled inby City of Coppell Finance Dept Ds
UNl Vet ir hiv Ata
Glance
Summary b IC
C D Amount givenlast year ODD z fj l
e
I f S V te A
Jcvvdef qq Ol I
J lo
o Presenter name s
Person Completing
Information Amount Requested
Total Number
of
Individuals Receiving
Service Number of Coppell Residents Receiving
Service Percentage of Coppell Residents Receiving
Service as a Percentage of Total
Total Budget Prior Year Current
Year B Pl DD Proposed b
Direct Assistance Providedto Coppell
residents
I
tBc Lof Budget from Coppell Partner
Cities Name Amount PercentageofServicesovlOO
OO o b
J
ol
c
Non Profit Number
I O
H
J
pc x JyvJ SE
B Overhead
percentage Number of Personsin Organization To
the bestof my
knowledge the
information submitted accurately reflects the
financial status of the ingo ga
e SPEciAI CArE CArEEr SE rvlcE s
Building independence for children and adults with developmental disabilities
April Mr Clay
Phillips City Manager The City
ofCoppell Parkway P
O Box
Coppell TX Dear Mr
Phillips We are
grateful to The
City ofCoppell for its consistent and generous support of Special Care Career Services and would deeply
appreciate continuing our partnership in Thank you forthe opportunity to submit
the enclosed proposal for to deliver high quality Early Childhood Intervention services to children residing in
Coppell ages birth tothree with developmental disabilities and delays Funds will provide speech
physical and occupational therapies and coordination with other community resources that
will help to prepare these children to reach their maximum potential to succeed
in school and become independent productive citizens We look forward to the opportunity to
share more
about our services with the Coppell City Council during the evening ofMay Thank you for
your kind consideration Regards Executive Director Enclosures Proposal with required information verification ofnon
profit
status financial
audit most recent financial statements agency budget program budget Affiliate United
Way Texas Early Childhood Intervention Sigma Suite Farmers Branch TX fax www speciaICareCareer
org
Date
Service Organization Cover Sheet
Apr Organization Name
Special Care Career Services Presentation Time
ifnecessary
To be filled in by City ofCoppell Finance Dept Presenter name
s Mamie Stone Leakhena Sears and family of client Person Completing
Information Cathy
Packard At a
Glance Summary Amount Requested
Amount given last year Service Provided Our ECI Specialists assesses
achild s needs against established age appropriate developmental stages An individualized plan involving
speech occupational and physical therapies and or other services is created andgradually
changed as the child progresses from one stage to the next Our teams of licensed therapists and specialists work
with the child in regularly scheduled sessions based on need using toys games and songs tohelp
himlher move play walk and talk Total Number of Individuals Receiving Service
Organization wide Organization wide Number of Coppell Residents Receiving
Service Percentage ofCoppellResidentsReceivingServiceasa
Percentage ofTotal IIOrganization wide
Prior Year Current Year Proposed
Total Budget Direct
Assistance Provided
to Coppell residents
ofBudget
from Coppell Partner Cities
Name
Amount Percentage of
Services City
of Piano Town of Addison City of Carrollton
Overhead percentage Number of Persons in
Organization Full Time Part
Time
IIContractors
lcNon
Profit Number To
the best of
my knowledge
the information
submitted accurately
reflects
the
financial
status of
the ng rJif
CBalfet iEnsem
feOf Te
St
l i
April i b
C Via
HandDelivery
Mr Clay Phillips
City Manager Parkway
Boulevard Coppell
Texas Re Grant
Request for Ballet
Ensemble of Texas Dear Mr Phillips I am
writing to request
grant funding for the Ballet Ensemble of Texas for the fiscal year The Ballet Ensemble of Texas
a c non profit organization was formed in May with the goal of presenting quality ballet performances
to the local community and also providing quality training to local students The Ballet Ensemble
which consists primarily of students from Coppell is funded solely through donations ticket
sales and fundraisers Our season was a very successful season artistically for the
dancers and for the company At the recent Regional Dance America Festival for the Southwest
area of the United States the Ballet Ensemble received the Stream Award a top award
in recognition of artistic excellence and service to the organization One of the Ensemble s
choreographers Jenny Johnston received the National Commissioning Award for her choreography presented at
the festival and two of the dancers received scholarships fortheir
summer studies The Ensemble has presented performances of The Nutcracker in Coppell and in Irving
as well as a varied program in February of every style of dance from classical to
the very modem with the Southwest premiere of well known choreographer Twyla Tharp sTorelli Thanks to the
funding of the City of Coppell the Ensemble was able to keep their ticket prices
the same for this season and also todonate tickets to such helping organizations as Brighter Tomorrows and Irving
Cares Former Ballet Ensemble of Texas dancers continue to do well in their pursuits
of dance
education and as professional dancers They are earning their livings dancing in such professional companies
as Texas Ballet Theatre in Ft Worth American Ballet Theatre s Studio Company
inNew York Houston Ballet and Tulsa Ballet We have dance majors in prestigious
universities all over the country all on scholarships including leU the University of Oklahoma Indiana
University and Marymount College in New York Pitness Ct Coppe Z fJJc cp Wne
rz f o n
Jaet pnsem
feOJ Tex
as It becomes increasingly challenging in these economic times to provide the
opportunities and programs that the dancers and audiences have become accustomed to seeing from
the Ballet Ensemble of Texas Ticket sales were not as high as had been hoped for this season
and the result is a significant financial loss for the company Plans are in place to once again
present the Nutcracker in both Coppell and Irving in the Fall of and to present another eclectic
program in the Spring of with various choreography We will need the support of our sponsors
in order to provide this at a reasonable cost without significant ticket price increase We ask
that you continue to consider this arts organization as one that is vital to maintaining the high standards
ofquality oflife that you the City Council hope to provide for Coppell families and to maintain
your support of the Ballet Ensemble of Texas at the Presenting Sponsor level of for
the season Thank you for your time and consideration and Ilook forward to speaking to you
personally at your upcoming Budget Workshop in May With kind regards Lisa Slag
Director Enclosure b
Pitness Ct
Coppe
f
lJJ ione qJ J foo
Organization Name
Service Organization Cover Sheet
tj I OCj
Jter eAJ Fn lEOr exDatePresentationTime
if
necessary Presenter
name s
To be filled
inby City ofCoppell Finance Dept J UTL
e Person Completing Information Jtb
FJt
f Amount Requested At a GlanceSummary
s s
tAmount given last
yearS O Service Provided lffINING W eosr rOlL f tt
gf
UF
o v L
t VPflyhV rt Hb U MmUN
ry Percentage of Coppell ResidentsReceiving Serviceas aPercentage of
Total hi rnt srttS bF tUeT
ewJemltf J tflO Total Number
of Individuals Receiving
Service
Numberof
Coppell Residents
Receiving
Service Total Budget Prior Year t
jCurrentYear iJI Y c
tI U Proposed
IDt f P Direct
Assistance Provided
toCoppell residentsof Budget from
Coppell
II Partner Cities Name
Amount Percentage ofServices ItJ l
lf tJO Overhead percentage
Number
of
Persons in Organization c
Non
Profit Number
To
the
best of my
knowledge the
information submitted accurately reflects the
financial status oftherequesting nrganizatinn Signed
Our mission To enhance and promote the business environment and quality of life in the Coppell community
April Mayor Jayne Peters
Coppell City Council
The City of
Coppell P O Box
Coppell TX RE City
Funding for Dear
Fellow Coppellites As Chairman of
the Board for
the Coppell Chamber of Commerce I see anew vision for our Chamber in conjunction not only with
the City of Coppell but fully expanding to all citizens of Coppell In conjunction with the vision
as set forth in Coppell the Chamber is furthering our commitment to see that dream and
direction fulfilled for A Family Community for aLifetime We currently service over business partners
in
and around Coppell butour impact extends beyond that We touch just about every household
in Coppell with our commitment toEducation Environment Government and of course business We want
tosee our partnership grow with
respect to efforts the city currently puts forth in Green Initiatives Economic Development and Business Retention To this
end theChamber needs toexpand staff improve technology and dedicate resources necessary
to achieve these goals We see as thestart ofa new
beginning Despite arguably bad economic times we see this as the perfect time toinvest inyour local chamber
Without commitment tonew committees such as Business Retention and Economic Development Assistance wesee the
growth in the business community as potentially infectious toward the city s success
Additionally we see ourselves partnering with the city to
help with some oftheir burdens with events they currently tackle With our resources ofmanpower
weoften can help fill roles needed during special events Whether itis providing volunteers to
supply hot chocolate after the Christmas parade or sponsoring abusiness tobusiness event
such as our Fall Expo Event we have the strength ofvolunteerism and we vision ahigher level
of participation from our membership I ve asked our membership to step forward and
start filling some of the voids we need in partnering with the schools in tutoring or mentoring programs
as well New Tech High has asked us toassist in providing learner business advocates to
help in their sl century platform and social learning model We are stepping forward with this enterprise
W Bethel Rd Ste P OCoppell Texas ph fax
www coppellchamber org info@coppellchamber org r o
There are numerous initiatives we are going forward with and stretching our resources and the
community will get more of a reflection ofthe value the Chamber provides Weare ready willing
and able to take to task the roles that help our city grow Our partnership with the City of Coppell
is critical to our strength and future identity
In the Plan and with the city s leadership we see ourselves as taking the forefront inhelping establish
the identity our city needs for vibrancy and sustained growth We have resources that have
expressed interest inestablishing our identity as an arts destination and we want to bring those
resources inconcert with the city if that is the direction chosen Whatever that vision becomes
we want to be a part of itand further its impact as a city of the Century It is
with your participation and interaction and belief in us as a strong business partner that we ask for
your investment We have the motive and opportunity to grow our place inthe community and
give a maximum of strategic value to everyone in Coppell It is my belief that we operate one
of the best chambers ofits size in Texas So we now raise the bar and seek your interaction and
strength and guidance to make us even better l II
Thom Hulme
Chamber Chairman
ofthe Board Countrywide Bank
FSB W Bethel
Rd Ste P O Coppell Texas ph fax www coppellchamber org info@coppellchamber org
Dlite
Service Orgnnization Cover Sheet
fr q O peCharnhrJC I Y PR CS VjO
W i h ft me Be l ef
widl pjf Ata Glance
Summary Amount given lastyearPiOrganizationName Presentation Time
if
necessary Presenter
name s
Person Completing
Information Amolllll Requested
e JS
durfif
on PVf
uber
of C
ppell
Re sidents R ceiving rvice IJPercentageofCoppeU Resjdents ReceivingService
lis a
PetcentagebfTotal qTOlal
Budget Year Curreilt
Year ij J
CjO
BI Prop scd croaCDirect
Assistance Provided toCoppeJlresidentsl Cf ofBudget from
Coppell Amount Lf Ib Percentage of Services Partner CitiesNameCarroMLfVTro
nj
si i
Lf
lJ YremberS
fOverhead percentage rerrt J Number
of Personsin
Organization l c INonProfit Number c pTo
the best of
myknowledge requesting organizati n
Signed he infomlation submiued accurately
reflects the financial status ofthe
T E X S
collealate aague
April VIA HAND
DELIVERY Mr Clay
Phillips City Manager
City of
Coppell Parkway Coppell
Texas Re
Coppell Copperheads Funding
Request Dear Clay Enclosed please
find the
following documents on behalf of the Coppell Copperheads Copperheads in connection with
its funding request for the next fiscal year Service Organization Cover Sheet
Verification of Non profit status
from the IRS Certificate of Formation Most recent financial
statements and Sponsorship Summary
I also wanted togive you
a quick update about
the Copperheads As you know the Copperheads isa Texas non profit corporation that is a
member ofthe Texas Collegiate League TCL TheCopperheads just completed their th year in
the TCL Having already won two TCL championships the Copperheads lost a close and
exciting championship series to the McKinney Marshals this past season The season looks
to be another exciting season for the Copperheads and the TCL The TCL just added
ateam in Victoria Texas bringing the total number of teams to five The other three
teams include McKinney Marshals Brazos Valley Bombers and East Texas Pumpjacks You can go
to www tclcopoerheads com or www texascollegiateleague com for more information about
the Copperheads and the TCL Finally we are excited on the newest
addition to our organization Robyn Womac our General Manager Robyn is agraduate of
Texas A M University and comes to the Copperheads with much excitement about the
upcoming season and the many opportunities she sees in our community to improve
our organization and its role and impact inourcommunity As anon profit corporation
the Copperheads relies heavily on the
support of the community to help itfulfill its mission to provide a platform
forcollege baseball players to showcase their talent to professional scouts in a fun and competitive
environment to provide an environment for high school interns college interns and college graduates
to gain experience and development experience in sports management and marketing and to
provide a safe fun and exciting entertainment experience for fans of all
ages in our community As a
ti
non profit organization sponsorships and donations are the primary sources ofthe
Copperheads revenue in addition to ticket sales concessions and merchandise sales With a
struggling economy sponsorship sales and donations are significantly down in comparison to
past years Therefore we are asking the City of Coppell to increase its support from past
years to at least and if possible to We look forward to
meeting with you and Council to further discuss our needs and ways the City of
Coppell can continue to support our efforts and mission Ifyou have any questions please call me
Enclosures cc Robyn Womac
Date
Service Organization Cover Sheet
r ifll O pt rk eJOrganizationName
Presentation Time
if necessary
Service Provided
To be filled in by City ofCoppell Finance Dept
J j t ppte orA o y
LJoHAfAC u
jAt aGlance
Summary
j S tJO Amount given last year Gj PPO If
@ la W J tJSf bCA Ii kOl J r r
J I k
L r APresentername
s Person Completing
Information Amount
Requested
Percentage of
Coppell Residents Receiving Service as a
Percentage of Total Total Budget
IPrior
Year
tt
fOVI rVJftA
faAiv Or A fotrA f
I Ill o frJlIiAc tt
tJ y
CrAtVA t iyTotal
Number ofIndividuals Receiving Service Number
ofCoppell Residents Receiving Service Current
Year Proposed Direct Assistance Provided to
Coppell residents V
ItUtAOWIIf of Budget from Coppell Partner
Cities NameAmountPercentageofServices
JUtA l c Non
Profit
Number A
rA
DUJV Ap JgS IS l
WtO Jvret
TQO Overhead percentage Numberof Persons inOrganization
Signed I reflects the
financial status
ofthe
PARKS AND RECREATION DEPARTMENT
Date: April 28, 2009
To: Mayor and City Council
From: Brad Reid, Director of Parks and Recreation
Re: Cemetery Pricing Structure
The Rolling Oaks Memorial Center is currently in the final stages of construction. The
contractor anticipates completing the columbarium in just a couple of weeks, with the
final landscaping and finish-up coming by the end of May. The Parks and Recreation
Department is in the process of preparing the final operations planning, getting the
financial management systems in place, ensuring the city is prepared to begin receiving
customers and establishing the final fees that will be charged for supplementary items
and services such as monuments/markers, urns, benches, opening and closing of graves,
cremation fees and inscriptions. Please recall that the City Council has already
established the pricing structure for the rights to property in specific gardens, and for
niches in the columbarium.
For purposes of determining pricing for the supplementary items and services as
described above, staff looked at the pricing of a potential full service burial at Rolling
Oaks as compared to a local cemetery nearby. This service will include purchase of
property rights, a full in-ground interment, and a typical marker installation. Keep in
mind that the true cost of a service cannot be considered typical because there are a
number of variables, beginning with the location of the garden in the cemetery. Other
variables include the size and type of stone marker/monument, and any special
inscriptions or etchings. For a cremation, the variables will include the location of the
niche, and the choice of the urn (which range in price from about $200, to over $2,500).
In order to make a comparison in pricing between Rolling Oaks and neighboring
cemeteries, staff researched fees at Bluebonnet Hills Memorial Park Cemetery in
Colleyville. This is a nearby cemetery that offers similar services to those that the
customer will find at Rolling Oaks. The most noticeable difference is the resident pricing
for Coppell residents at Rolling Oaks. We were unable to find another cemetery with
such a pricing structure in our area. The price for “opening and closing” as indicated
below is the charge for the actual service of digging the grave, placement of the casket,
and closing of the grave. Rolling Oaks Memorial has contracted with Suhor Industries
for this service, who will charge a price of $800.00 per occurrence. The companion
marker listed is a typical gray granite marker with an inscription, fully installed in the
cemetery. Rolling Oaks has contracted with Memorial Monuments, Inc. to supply granite
markers. The charge for the 48x14 marker indicated is in response to pricing that the city
received for this marker of $600. You will notice that the Cemetery will place an up-
charge on each item to help recoup the cost of operating the facility.
Rolling Oaks Memorial
RESIDENT NON- RESIDENT
Least expensive space $895 Least expensive $1,995
Opening and closing $1,000 Opening and closing $1,000
48x14 companion marker $1,200 48x14 companion $1,200
$3,095 $4,195
Most expensive space $1,395 Most expensive $4,595
Opening and closing $1,000 Opening and closing $1,000
48x14 companion marker $1,200 48x14 companion $1,200
$3,595 $6,795
Bluebonnet
Least expensive property $2,900
Opening and closing $1,295
48x14 companion marker $1,443
$5,638
Most expensive property $7,000
Opening and closing $1,295
48x14 companion marker $1,443
$9,738
The above pricing is indicative of a typical service at the Rolling Oaks Memorial Center.
These prices are the final user costs based on the prices charged for contracted services to
the cemetery, with a cost recovery amount added to each provided service. The services
and products which will be sold by the Rolling Oaks Memorial Center are numerous and
varied and will likely change with each contract period. For instance, there are 85
different choices of markers/monuments from which the customer can choose, 38 vases,
and 108 different urns. The staff is proposing, through the proposed additional language
to the Master Fee Schedule, to determine and set the pricing for these supplementary
items based on the current market, without bringing each change in price to the City
Council for consideration of approval.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
April 28, 2009
7
✔
PRESENTATION
Presentation of the Distinguished Budget Presentation Award to Finance Department.
!Award
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
April 28, 2009
8
✔
PRESENTATION
Graduation ceremony for Leadership Coppell class of 2009.
!Graduation - 1AR
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
April 28, 2009
9
✔
PROCLAMATION
Consider approval of a proclamation naming April 27 through May 1, 2009 as CLEANING FOR A REASON WEEK, and
authorizing the Mayor to sign.
Staff recommends approval.
!Cleaning for a Reason-1 AR
PROCLAMATION
WHEREAS, Rag Mops Cleaning Service is a locally owned residential cleaning
company; and
WHEREAS, this company is proud to be a partner with the Cleaning For a Reason
Foundation; and
WHEREAS, both organizations are committed to providing the gift of a clean home to
local women undergoing treatment for cancer; and
WHEREAS, the Cleaning for a Reason Foundation makes it possible for Rag Mops
Cleaning Service to do their part in the way they know best – cleaning homes every day, and
making a difference.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell and on behalf
of the Coppell City Council, do hereby proclaim the week of April 27th – May 1st, 2009 as
“CLEANING FOR A REASON WEEK”
in the city of Coppell.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to
be affixed this _____ day of April, 2009.
_________________________________________
Douglas N. Stover, Mayor
ATTEST:
_______________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
April 28, 2009
10
✔
PROCLAMATION
Consider approval of a proclamation naming the week of May 3 through May 9, 2009 as MUNICIPAL CLERKS WEEK,
and authorizing the Mayor to sign.
Staff recommends approval.
!Municipal Clerks Wk-1 AR
PROCLAMATION
WHEREAS, The office of the Municipal Clerk, a time honored and vital part of local
government, exists throughout the world; and
WHEREAS, The office of the Municipal Clerk is the oldest office among public servants; and
WHEREAS, The office of the Municipal Clerk provides the professional link between the
citizens, the local governing bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all; and
WHEREAS, The Municipal Clerk serves as the information center on functions of local
government and community; and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of
the office of the Municipal Clerk through participation in education programs, seminars, workshops and
the annual meetings of their state, county and international professional organizations; and
WHEREAS, It is most appropriate that we recognize the accomplishment of the office of the
Municipal Clerk.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do recognize the
week of May 3 through May 9, 2009, as
"MUNICIPAL CLERKS WEEK"
and further extend appreciation to our Municipal Clerk, Libby Ball, and Deputy Municipal Clerk Christel
Pettinos, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to
the communities they represent.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be
affixed this _____ day of April 2009.
________________________________________
Douglas N. Stover, Mayor
ATTEST:
_____________________________
Libby Ball, City Secretary
AGENDA REQUEST FORM
DATE: April 28, 2009
ITEM #: 11
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting
City Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must
sign a register and list their residence address, provided by the City Secretary on a table outside the Council
Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or
special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals
during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be
extended for an additional two (2) minutes with the approval of a majority of the Council members present.
There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting.
Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they
have signed the provided register. No personal attacks by any speaker shall be made against any member of the
Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
April 28, 2009
12/A
✔
PROCEDURAL
Consider approval of minutes: April 13, 2009
April 14, 2009
Minutes of the City Council meeting held on April 13 and April 14, 2009.
Staff recommends approval.
%minutes
MINUTES OF APRIL 13, 2009
The City Council of the City of Coppell met in Special Called Session on
Monday, April 13, 2009, at 6:00 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Karen Hunt, Councilmember
Also present were City Manager Clay Phillips, Deputy City Secretary Christel
Pettinos and City Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order and determined that a quorum
was present.
SPECIAL SESSION (Open to the Public)
2. Convene Special Session.
3. Invocation.
Councilmember Hinojosa-Flores led those present in the Invocation.
4. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
5. Continuation of an evidentiary hearing pursuant to § 212.904
of the Texas Local Government Code and consider the appeal
of Mira Mar Development, LLC to apportion the costs of
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municipal infrastructure improvements in accordance with
applicable law for the Alexander Court Subdivision
Development; the City Council may convene into closed
executive session with the City Attorney to seek legal advice
pursuant to § 551.071(2) of the Texas Government Code on a
matter that the Code of Professional Responsibility requires to
be kept confidential.
Mayor Stover reconvened the evidentiary hearing which had been
continued from April 7, 2009 and evidence was heard from attorneys and
witnesses for both the City of Coppell and Mira Mar Development.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
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MINUTES OF APRIL 14, 2009
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, April 14, 2009 at 5:30 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following
members were present:
Doug Stover, Mayor
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember (late arrival)
Marsha Tunnell, Councilmember (late arrival)
Billy Faught, Councilmember
Karen Hunt, Councilmember
Also present were City Manager Clay Phillips, City Secretary Libby Ball
and City Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
1. Discussion regarding the Oil & Gas Ordinance.
B. Section 551.087, Texas Government Code –
Economic Development Negotiations.
1. ED Prospects West of Beltline/Denton Tap and
south of Bethel Road and north of Sandy Lake
Road and west of Coppell Road.
Councilmember Hinojosa-Flores arrived prior to convening
Executive Session.
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Councilmember Tunnell arrived during Executive Session.
Mayor Stover convened into Executive Session at 5:51 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 7:02 p.m. and opened the Regular
Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion of an agreement to contribute funds in
the amount of $552,466.80 to TxDOT to acquire
right-of-way and adjust utilities from the Tarrant
County line to the Dallas County line for the SH
121 project.
B. Discussion regarding the Public Agency Retirement
System Trust (PARS) Section 457 FICA Alternative
Retirement Plan.
C. Discussion of Agenda Items.
Work Session was held at the end of the meeting due to time
constraints.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Dale Patterson of Hackberry Creek Church led those
present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
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7. Consider approval of a proclamation naming Wednesday,
April 22, 2009 as National Secretary's/Office
Professional's Day, and authorizing the Mayor to sign.
Mayor Stover read the Proclamation for the record and presented
the same to Allana Lamberth.
Action:
Councilmember Tunnell moved to approve a proclamation naming
Wednesday, April 22, 2009 as National Secretary's/Office
Professional's Day, and authorizing the Mayor to sign.
Mayor Pro Tem Franklin seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa- Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
8. Citizens' Appearances.
1) Thomas Burrows, 138 Wynnpage, spoke regarding code
enforcement, emergency response and recycling.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 24 2009,
March 31, 2009 and April 7, 2009.
B. Consider approval of an ordinance of the City of
Coppell, amending Article 15 of the Code of
Ordinances and the Coppell Thoroughfare Plan to
designate the name Point West Boulevard to that
certain section of roadway connecting Dividend
Drive with the IH 635 Frontage Road northward,
as shown on the final plat approved by City
Council on December 12, 2006; and authorizing
the Mayor to sign and execute any necessary
documents.
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C. Consider approval of an ordinance to abandon right-
of-way now known as Doggett Cove, in the
Westfork Addition, in order that the subdivision
can be re-platted, and authorizing the Mayor to
sign and execute any necessary documents.
D. Consider approval of an ordinance amending the
Code of Ordinances of the City of Coppell, Texas,
as amended, by amending Section 1-5-6, in part, to
increase the amount of purchases of personal
property by the City Manager, which do not
require competitive bidding, from $25,000 to
$50,000 to comply with state law; and authorizing
the Mayor to sign and execute any necessary
documents.
E. Consider approval of the annual Camp-Do-It-All
Standards of Care; and authorizing the Mayor to
sign.
F. Consider approval of an Ordinance for Case No. PD-
217R-C, Doggie’s Wonderland, a zoning change
from C (Commercial) and PD-217-C (Planned
Development-217-Commercial) to PD-217R-C
(Planned Development-217 Revised-Commercial)
to expand the detail site plan to allow an increase
in the pet care outdoor play area on 1.01 acres of
property located at 120 E. Bethel School Road and
authorizing the Mayor to sign.
G. Consider approval of an Ordinance for Case No. PD-
221R6-HC, Duke Lesley Addition, a zoning change
from PD-221R-HC (Planned Development-221-
Revised-Highway Commercial) and PD-221R4-HC
(Planned Development-221-Revision 4-Highway
Commercial) to PD-221R6-HC (Planned
Development-221-Revision 6-Highway
Commercial) to revise the Detail Plan to expand
the area by 3.4 acres to allow 362 additional
parking spaces and generator locations to serve
the future tenant of an existing 182,700-square-
foot office building on 15.296 acres of property
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located at the southwest corner of Dividend Drive
and S. Belt Line Road and authorizing the Mayor
to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items
A, B carrying Ordinance No. 2009-1223, C carrying Ordinance No.
2009-1224, D carrying Ordinance No. 2009-1225, E, F carrying
Ordinance No. 91500-A-518 and G carrying Ordinance No.
91500-A-519. Councilmember Hunt seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell,
Faught and Hunt voting in favor of the motion.
10. PUBLIC HEARING:
Consider approval of Case No. PD-108R11-SF-9, The
Chateaus of Coppell, a zoning change request from PD-
108R9-SF-9 (Planned Development-108 Revision 9-Single
Family-9) to PD-108R11-SF-9 (Planned Development-108
Revision 11-Single Family-9), to revise the PD conditions
to allow up to 12 of the 56 single-family homes to have
stucco exteriors, where no two stucco homes shall be
spaced any closer than every second lot, on 20 acres of
property located at the southwest corner of Bethel and
Denton Tap Roads.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Karl Mistry with Toll Brothers, applicant, made a presentation to
Council.
Rob Hall, Toll Brothers, answered questions from Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised one person
had signed up to speak:
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1) Terry Holmes, 10 Country Lane, spoke in favor of the
proposal.
Action:
Councilmember Peters moved to close the Public Hearing and
approve up to 10 stucco homes, with at least 3 lots between each,
a true stucco product be used, and to include the "stucco free
zone" as presented, with the stucco color limited to earth tones.
Councilmember Brancheau seconded the motion; the motion
carried 6-1 with Councilmembers Brancheau, Peters, Hinojosa-
Flores, Tunnell, Faught and Hunt voting in favor of the motion,
and Mayor Pro Tem Franklin voting against the motion.
11. PUBLIC HEARING:
Consider approval of Case No. PD-240-HC, North Gateway
Center, zoning change request from HC (Highway
Commercial) to PD-240-HC (Planned Development-240-
Highway Commercial), to establish a Concept Plan for a
nine-lot commercial development on 12.362 acres of
property located at the northwest corner of S.H. 121 and
Denton Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council on Items 11, 12, 13, 14, 15 and 16 since they were all
concerning the same location.
Tom Waters, applicant, addressed Council.
Public Hearing:
Mayor Stover opened the Public Hearing for items 11, 13 and 15,
and advised no one signed up to speak.
Action:
Councilmember Tunnell moved to close the Public Hearing for
Items 11, 13 and 15 and approve:
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Item 11:
Case No. PD-240- HC, North Gateway Center, zoning change
request from HC (Highway Commercial) to PD-240-HC (Planned
Development-240-Highway Commercial), to establish a
Concept Plan for a nine-lot commercial development on 12.362
acres of property located at the northwest corner of S.H. 121 and
Denton Tap Road subject to the following conditions:
1) Development is responsible for the 4th leg of the traffic
signal at the intersection of Highland Drive and Denton Tap.
The driveway may need to be shifted depending on the
location of the existing traffic signal;
2) Revise last note within the PD conditions table to state that
the only exception to the landscape section of the Zoning
Ordinance relates to slight modifications to the perimeter
landscaping along the interior property lines and all
other categories of landscaping shall be adhered to; and
3) Staff will determine if a decel lane is warranted for the
driveway at Highland Drive.
1) Tree Survey: Revise note at bottom of tree survey to state
that, "Phase one development will not require any existing
trees to be removed. Tree mitigation will be addressed during
future phases that require tree removal.";
And
Item 12:
The North Gateway Center Preliminary Plat, a request for approval
of a preliminary plat for a nine-lot commercial development on
12.362 acres of property located at the northwest corner of S.H.
121 and Denton Tap Road subject to the following conditions:
1) Correct location of City limit line in vicinity map.
2) Provide a copy of the property owner's agreement required
for maintenance of six-foot wall, landscaping of overall
tract, drainage, pavement and water.
3) Note on plat that this development is responsible for the
fourth leg of the traffic signal at the intersection of Highland
Drive and Denton Tap.
4) Drainage into TXDOT's system should be coordinated with
them and a copy of the approval should be provided to
the City of Coppell.
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5) Provide a copy of the approval of TXDOT for the
driveway/decel lane.
7) Staff will determine if a decel lane is warranted for the
driveway at Highland Drive;
And
Item 13:
Case No. PD-240R-HC, North Gateway Center, Lot 5, Block A
(Rosa’s Café), zoning change request from PD-240-HC (Planned
Development-240-Highway Commercial) to PD-240R-HC (Planned
Development-240 Revised-Highway Commercial), to attach a Detail
Site Plan to allow the development of a 6,468-square-foot
restaurant with a drive-thru on 2.067 acres of property located at
the northwest corner of S.H. 121 and Denton Tap Road subject to
the following conditions:
1) Include North Gateway Center, Lot 5, Block A (Rosa’s Café)
in all title blocks of each sheet.
2) Reword Note “D” on PD conditions table to reflect this detail
plan.
3) Change abutting north property conceptual plan to reflect
what is depicted in the most current Conceptual PD;
And
Item 14:
The North Gateway Center, Lot 5, Block A, (Rosa’s Café), Final Plat,
to establish various utility and fire lane easements to allow the
development of a 6,468-square-foot restaurant with a drive-thru
on 2.067 acres of property located at the northwest corner of S.H.
121 and Denton Tap Road subject to the following conditions:
1) Record the off-site mutual access and fire lane easement by
separate instrument at time of final plat recordation.
2) Include specific widths, bearings, distances and labels for
each easement being dedicated by this plat.
3) Correct vicinity map to show City limit line in the
appropriate location.
4) Include notary signature block after the Surveyor’s signature
block.
5) Provide a property owner's agreement for maintenance of
drainage, water, pavement and landscaping.
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6) Provide a copy of the approval from TXDOT for the
driveway/decel lane.
7) Define or remove dashed line within the ten-foot sanitary
sewer easement abutting Denton Tap.
8) All off-site easements shall be recorded by separate
instrument.
And
Item 15:
Case No. PD-240R2-HC, North Gateway Center, Lot 9, Block A,
zoning change request from PD-240-HC (Planned Development-
240-Highway Commercial) to PD-240R2-HC (Planned
Development-240 Revision 2-Highway Commercial), to attach a
Detail Site Plan to allow the development of a 8,100-square-foot
structure with professional/medical office and personal service
uses, on 1.624 acres of property located at the northwest corner of
S.H. 121 and Denton Tap Road subject to the following conditions:
1) Staff will determine if a decel lane is warranted for the
driveway at Highland Drive.
2) Correct landscape areas within Site Data Table to reflect
those shown on the landscape plan.
3) Rectify inconsistencies in the location of the screening wall
between the landscape plan and site plan. Ensure no
trees will be removed due to its construction;
And
Item 16:
The North Gateway Center, Lot 9, Block A, Final Plat, to establish
various utility and fire lane easements to allow the development of
a 8,100-square-foot structure with professional/medical office and
personal service uses, on 1.624 acres of property located at the
northwest corner of S.H. 121 and Denton Tap Road subject to the
following conditions:
1) A property owner's agreement is required for maintenance of
drainage, water, pavement, six-foot masonry wall
and landscaping.
2) Grading and drainage plans will be further evaluated during
the engineering plan review.
3) The FDC should be detached and within 50 feet of the fire
hydrant on the same side of the fire lane outside the
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collapse zone.
4) Include specific widths, bearings, distances and labels for
each easement being dedicated by this plat.
5) Correct vicinity map to show City limit line in the
appropriate location.
6) Include notary signature block after the Surveyor’s signature
block.
7) Staff will determine if a decel lane is warranted for the
driveway at Highland Drive.
8) Any off-site easement shall be recorded by separate
instrument.
Mayor Pro Tem Franklin seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa- Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
12. Consider approval of the North Gateway Center
Preliminary Plat, a request for approval of a preliminary
plat for a nine-lot commercial development on 12.362
acres of property located at the northwest corner of S.H.
121 and Denton Tap Road.
This item was considered with Item 11. See Item 11 for minutes.
13. PUBLIC HEARING:
Consider approval of Case No. PD-240R-HC, North
Gateway Center, Lot 5, Block A (Rosa’s Café), zoning
change request from PD-240-HC (Planned Development-
240-Highway Commercial) to PD-240R-HC (Planned
Development-240 Revised-Highway Commercial), to
attach a Detail Site Plan to allow the development of a
6,468-square-foot restaurant with a drive-thru on 2.067
acres of property located at the northwest corner of S.H.
121 and Denton Tap Road.
This item was considered with Item 11. See Item 11 for minutes.
14. Consider approval of the North Gateway Center, Lot 5,
Block A, (Rosa’s Café), Final Plat, to establish various
utility and fire lane easements to allow the development
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of a 6,468-square-foot restaurant with a drive-thru on
2.067 acres of property located at the northwest corner of
S.H. 121 and Denton Tap Road.
This item was considered with Item 11. See Item 11 for minutes.
15. PUBLIC HEARING:
Consider approval of Case No. PD-240R2-HC, North
Gateway Center, Lot 9, Block A, zoning change request
from PD-240-HC (Planned Development-240-Highway
Commercial) to PD-240R2-HC (Planned Development-240
Revision 2-Highway Commercial), to attach a Detail Site
Plan to allow the development of a 8,100-square-foot
structure with professional/medical office and personal
service uses, on 1.624 acres of property located at the
northwest corner of S.H. 121 and Denton Tap Road.
This item was considered with Item 11. See Item 11 for minutes.
16. Consider approval of the North Gateway Center, Lot 9,
Block A, Final Plat, to establish various utility and fire
lane easements to allow the development of a 8,100-
square-foot structure with professional/medical
office and personal service uses, on 1.624 acres of
property located at the northwest corner of S.H. 121 and
Denton Tap Road.
This item was considered with Item 11. See Item 11 for minutes.
17. PUBLIC HEARING:
Consider approval of Case. No. PD-162R2-MF-2, Gunner
Subdivision, Lot 1R, Block A, zoning change request from
PD-162R-MF-2 (Planned Development-162-Revised–Multi-
family-2) to PD-162R2-MF-2 (Planned Development-162-
Revision 2–Multi-family-2), to allow the relocation of a
previously approved 1,656-square-foot six-car garage and
storage area on 20.965 acres of property located 1717
Belt Line Road.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised no one signed
up to speak.
Action:
Councilmember Peters moved to close the Public Hearing and
approve Case. No. PD-162R2-MF-2, Gunner Subdivision, Lot 1R,
Block A, zoning change request from PD-162R-MF-2 (Planned
Development-162-Revised–Multi-family-2) to PD-162R2-MF-2
(Planned Development-162- Revision 2–Multi-family-2), to allow
the relocation of a previously approved 1,656-square-foot six-car
garage and storage area on 20.965 acres of property located 1717
Belt Line Road. Councilmember Faught seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell,
Faught and Hunt voting in favor of the motion.
18. PUBLIC HEARING:
Consider approval of the Gunner Subdivision, Lot 1R,
Block A, Replat, to allow the relocation of a portion of a
fire lane easement resulting from the proposed relocation
of a previously approved garage & storage area on 20.965
acres of property located 1717 Belt Line Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised no one signed
up to speak.
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Action:
Mayor Pro Tem Franklin moved to close the Public Hearing and
approve the Gunner Subdivision, Lot 1R, Block A, Replat, to allow
the relocation of a portion of a fire lane easement resulting from
the proposed relocation of a previously approved garage & storage
area on 20.965 acres of property located 1717 Belt Line Road.
Councilmember Peters seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
19. PUBLIC HEARING:
Consider approval of Case No. S-1241R-C, Fat Daddy’s
Burger House, zoning change request from S-1241-C
(Special Use Permit-1241-Commercial) to S-1241R-C
(Special Use Permit-1241 Revised-Commercial), to allow a
560-square-foot cover over the existing outdoor patio
area serving the existing 3,580-square-foot restaurant
located at 215 S. Denton Tap Road, Suite 100.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised no one signed
up to speak.
Action:
Councilmember Hinojosa-Flores moved to close the Public Hearing
and approve Case No. S-1241R-C, Fat Daddy’s Burger House,
zoning change request from S-1241-C (Special Use Permit-1241-
Commercial) to S-1241R-C (Special Use Permit-1241 Revised-
Commercial), to allow a 560-square-foot cover over the existing
outdoor patio area serving the existing 3,580-square-foot
restaurant located at 215 S. Denton Tap Road, Suite 100.
Councilmember Hunt seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
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Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
20. PUBLIC HEARING:
Consider approval of the Westfork Addition, Lots 1R &
2R, Block A, Replat, being a replat of the Westfork
Addition, Lots 1 through 5, including the abandoned
right-of-way, containing 2.172 acres of land, to create two
single-family lots each containing approximately 1.1
acres of property located on the south side of Bethel
School Road across from Glencrest Circle.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Matt Alexander spoke on behalf of the applicant.
Public Hearing:
Mayor Stover opened the Public Hearing and advised no one signed
up to speak.
Action:
Councilmember Peters moved to close the Public Hearing and
approve the Westfork Addition, Lots 1R & 2R, Block A, Replat,
being a replat of the Westfork Addition, Lots 1 through 5, including
the abandoned right-of-way, containing 2.172 acres of land, to
create two single-family lots each containing approximately 1.1
acres of property located on the south side of Bethel School Road
across from Glencrest Circle subject to the following conditions:
1) A tree removal permit will be required prior to the removal of
any trees;
2) Council approval of the Abandonment Ordinance for Doggett
Cove.
Mayor Pro Tem Franklin seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
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21. Consider approval of an Ordinance for Case No. PD-239-R,
Denton Creek Nursing, a zoning change from SF-12
(Single Family-12), R (Retail) and O (Office) to PD-239-R
(Planned Development-239-Retail) to attach a detail site
plan to allow a 52,317-square-foot (123 beds) Nursing and
Rehabilitation Facility on 6.47 acres of property located
along the north side of Sandy Lake Road, between
Riverchase and Riverview Drives and authorizing the
Mayor to sign.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Action:
Councilmember Peters moved approve Ordinance No. 91500-A-520
for Case No. PD-239-R, Denton Creek Nursing, a zoning change
from SF-12 (Single Family-12), R (Retail) and O (Office) to PD-239-
R (Planned Development-239-Retail) to attach a detail site plan to
allow a 52,317-square-foot (123 beds) Nursing and Rehabilitation
Facility on 6.47 acres of property located along the north side of
Sandy Lake Road, between Riverchase and Riverview Drives and
authorizing the Mayor to sign. Mayor Pro Tem Franklin seconded
the motion; the motion carried 6-1 with Mayor Pro Tem Franklin
and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught
and Hunt voting in favor of the motion, and Councilmember
Tunnell voting against the motion.
Councilmembers Brancheau and Faught left the Council
Chambers at this time.
22. Consider approval of a contract proposal for Teague, Nall
& Perkins in the amount of $237,000.00 for the design of
residential street improvements as provided by the 1/4
Cent Sales Tax for Streets Maintenance; and authorizing
the City Manager to sign and execute necessary
documents.
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Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember Tunnell moved approve contract proposal for
Teague, Nall & Perkins in the amount of $237,000.00 for the
design of residential street improvements as provided by the 1/4
Cent Sales Tax for Streets Maintenance; and authorizing the City
Manager to sign and execute necessary documents.
Councilmember Peters seconded the motion; the motion carried
5-0 with Mayor Pro Tem Franklin and Councilmembers Peters,
Hinojosa-Flores, Tunnell and Hunt voting in favor of the motion.
Councilmembers Brancheau and Faught were absent for the vote.
Councilmembers Brancheau and Faught returned to Council
Chambers at this time.
23. Consider approval of a Resolution of the City Council of
the City of Coppell, Texas, approving the Public Agency
Retirement System Trust (PARS) Section 457 FICA
alternative retirement plan, appointing a plan
administrator, and authorizing said plan administrator to
execute all required PARS legal documents on behalf of
the City and to take whatever additional actions are
required to administer the City’s PARS plan(s); and
authorizing the Mayor to sign.
Presentation:
Vivyon Bowman, Director of Human Resources, made a
presentation to the Council.
Action:
Mayor Pro Tem Franklin moved approve Resolution No.
2009-0414.1 of the City Council of the City of Coppell, Texas,
approving the Public Agency Retirement System Trust (PARS)
Section 457 FICA alternative retirement plan, appointing a plan
administrator, and authorizing said plan administrator to execute
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all required PARS legal documents on behalf of the City and to take
whatever additional actions are required to administer the City’s
PARS plan(s); and authorizing the Mayor to sign. Councilmember
Hunt seconded the motion; the motion carried 7-0 with Mayor Pro
Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-
Flores, Tunnell, Faught and Hunt voting in favor of the motion.
24. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Metroplex
Mayors’ Meeting.
B. Report by Councilmember Tunnell regarding
National League of Cities Congressional
Conference.
A. Mayor Stover, Councilmember Peters and City Manager Clay
Phillips attended the Metroplex Mayors’ Meeting. Dallas
Mayor Tom Leppert was the guest speaker and spoke about
regional cooperation. Mayor Stover also mentioned a public
hearing for DART on April 14 regarding the upcoming fare
increase and reduction of services offered. Finally, the Mayor
of DeSoto announced the Travelling Vietnam Wall will be
displayed in the city of DeSoto April 16, 17 and 19.
B. Councilmembers Tunnell and Brancheau attended the
National League of Cities Congressional Conference in
Washington D.C. The topic of discussion was the “Stimulus
Bill” and help available to cities.
At this time, Mayor Stover left the meeting. Mayor Pro Tem
Franklin announced that council would convene into Work
Session.
WORK SESSION (Open to the Public)
25. Convene Work Session
A. Discussion of an agreement to contribute funds in
the amount of $552,466.80 to TxDOT to acquire
right-of-way and adjust utilities from the Tarrant
County line to the Dallas County line for the SH
121 project.
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B. Discussion regarding the Public Agency Retirement
System Trust (PARS) Section 457 FICA Alternative
Retirement Plan.
C. Discussion of Agenda Items.
26. Necessary action resulting from Work Session.
There was no action necessary under this item.
27. Necessary action resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
April 28, 2009
12/B
✔
ORDINANCE
Consider approval of an ordinance abandoning a utility and water line easement created by Ordinance #92547,
located in the J. W. Anderson Survey, Abstract No. 18, as described in Exhibits "A" and "B" attached hereto; reserving all
existing easement rights of others if any, whether apparent or non-apparent, aerial, surface, underground or
otherwise; providing for the furnishing of a certified copy of this ordinance for recording in the real property records of
Dallas County, Texas as a quitclaim deed; and authorizing the Mayor to sign and to execute any necessary
documents.
This ordinance abandons an existing 35' utility and water line easement that currently serves this tract of land. The
owner of this property will be relocating the utilities in this easement and is dedicating a new easement on the plat for
the proposed utilities. Exhibit 4 shows the presentation presented to Council by the Planning Department identifying
the easement abandonment location in yellow and the new easement location in gray.
Staff recommends approval of the ordinance.
#Easement Abandonment
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Michael Garza, E.I.T., Engineer In Training
DATE: April 28, 2009
REF: Consider approval of an ordinance abandoning a utility and water line
easement created by Ordinance #92547, located in the J.W. Anderson
Survey, Abstract No. 18, reserving all existing easement rights of others if
any, whether apparent or non-apparent, aerial, surface, underground or
otherwise; providing for the furnishing of a certified copy of this ordinance
for recording in the real property records of Dallas County, Texas as a
quitclaim deed; and authorizing the Mayor to sign and to execute any
necessary documents.
This ordinance abandons an existing 35’ utility and water line easement that currently serves this
tract of land. The owner of this property will be relocating the utilities in this easement and is
dedicating a new easement on the plat for the proposed utilities. Exhibit 4 shows the presentation
presented to Council by the Planning Department identifying the easement abandonment location
in yellow and the new easement location in gray.
Staff recommends approval of the abandonment ordinance and will be available to answer any
questions at the Council meeting.
Proposed
Easement
Abandonment
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\EASEMENT ABANDONMENT
Created on: 21 April 2009 by Scott Latta
1 INCH = 1 MILE
0 11/2
c i t y o f c o p p e l lPLANNING DEPARTMENT35’Utility Easement to be abandoned20’Utility & Waterline Easement
ORDINANCE NO
AN ORDINANCE OF THE CITY OF COPPELL TEXAS
ABANllONING A UTILITY ANI WATER LINE EASEMENT
CREATED BY ORDINANCE 92547 LOCATED IN THE J W
ANI ERSON SURVEY ABSTRACT NO 18 AS IESCRIBED IN
EXHIBITS A ANI fl ATTACHED HERETO RESERVING
ALL EXISTING EASEMENT RIGHTS OF OTHERS IF ANY
WHETHER APPARENT OR NON APPARENT AERIAL
SURFACE UNI ERGROlJNI OR OTHERWISE PI OVmING
FOR THE FURNISHING OF A CERTIFlEn COpy OF THIS
ORDINANCE FOR RECORDING IN THE REAL PROPERTY
RECORDS OF DALLAS COUNTY TEXAS AS A QlHTCLAIM
DEED AND PIH VIDING AN EFFECTIVE DATE
WHEREAS the City Council of the City of Coppell has determined that the
casement located in the J W ANDERSON SURVEY ABSTRACT NO 18 described in
r xhihits A and 13 hereto is no longer needed for City serviccs and
VHEREAS the property O llcr will be relocating the utilities and dedicating a
ncw utility and water linc eascment by pial
SECTION I That the City Council of the City of Coppell fexas has detennined
that the utility and water line easement described in L xhibits 1 and B attached hereto
and made a part hereof for all purposes is no longer needed or nccessary for public
purposcs and should be and is hereby abandoncd in f Vor of the property owner
SECTION 2 That this abandonmcnt ordinance shall constitute a QuitclaimDeedinllvorofthcpropertyownerandacCl1ifiedcopyofthesamemaybefilcdinthe
Dced Records of Dallas COllnty Texas to indieatc sllch abandonment
SECTION 3 That the City Manager or his designee shall at the appropriatetimetilethisordinanccasprovidedherein
SECTION 4 That the abandonment provided for herein shall extend only to
the public right title and interest which the City of Coppell Texas may have in and to said
utility and water line easement and shall be construed to extend only to such interests that
the g WI ming hody of the City ofCoppcll Texas may legally and lawfully abandon
1
SECTION 5 That this ordinance shall become etTective from and after its
passage as the law and charter in sllch case provide
DULY PASSED by the City Council of the City ore oppelL Texas this the
day of 2009
APPROVED
DOUGLAS N STOVER MAYOR
ATTEST
LIBBY BALL CITY SECRETARY
APPROVED AS TO FORM
ROBF RT E HAGER CITY ATTORNEY
2
NI
A8ANDONrviEtTOFA PORTIOl1
35 UTILITY AND WATER LINE
THE CITY OF COPPELl DALLAS
J W ANDERSON SURVEY
OF A
EASEMENT
COUNTY TEXAS
ABSTRACT NO 18
LlC L f E CRIF TiQJJ
EING 0 14 438 square feet 0 3 oGre r ct of lond situ ted in the J W Anderson SurveyAbslractNo18intheCityofCoppellDollosCountyTexasandbeingaportionof0tract
of land conveyed to Philip A Berkebile Jr and Tonna J Berkebile by deed recorded inVolume2004024Page06015DeedRecordsDallasCountyTexasondbeingaportion oT
Bethel Road a variable width right of Nc some being a portion of a 35 utility ond
woier line easement recorded in Volume 92 i 00 Page 0293 Deed Records Dollus CountyTexesandbeingrnoreparticulurlydescribedbymetesandboundsasfollows
Beginning at a PK nail found for cornet ond being the Southeast corner of Lot 1 Brock 1
BIG CEDAR ADDITION an addition tc the City of Coppell Dallas County Texas according to
the plat ther eof recorded in Volume 92125 Page 3455 Deed Records Dailas County Texas
Thence North 84 degrees 07 minutes 41 seconds East a distance of 21 20 feet to a pointforcorner
Th8nce South 06 degrees 01 minutes 46 seconds East 0 distance of 330 30 feet to a pointforcorner
Thence South 00 degrees 30 rninutes 34 s econds West a distonce of 84 02 fee7 to a pointfercorner
Thence North 89 degrees 59 m in utes 26 seconds West a distc nee of 35 00 fee t to 0 pointforcomer
Thence North 00 degrees 30 minutes 34 seconds East a distance of 82 32 feet to a pointforcorner
Thence North 06 minutes 01 minutes 46 seconds West distance of 328 39 feet to 0
point fOr corner and being in the South line of said Lot 1
Thence North 84 degrees 07 rninutes 41 seconds East along the South line of said Lot 1
a distance of 13 80 feet to the Point of Beginning and contoining 14 438 squor e feet Ot
033 ocres of land
UNERAL tWTES
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ON ON N L 1y3 t
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8EARII C S ARE RASED iN THE EAST LINE 0F LOT
2 BLOCK I BETHEL ROAD ESTATES PER PLAT
RECORDED i J VOLUME 2000134 PAGE 02375 DEED
RECORDS CALL S COUIHY TEXAS NOO 17 2 W
2 1 2 NCH IRON ROD rOUND
5 1 PK NAiL FOl D
4 OIHT FOR CORr1ER
D rA DOUG CqNNALLY A OCJA IES 1 9
ENGINEERING PLANNING SURVEYINGGt11545PogemlllRoodSuite200DallasTexas 7 243
P 214 349 9485 F 214 349 2216
www dcadfw com
SHEET 1 OF 2
JOB NO
07008C8 8ESMT
DRAWN BY CC
Exhibit A
i GEARiW S ARE BASED ON THE EAST LINE or Lor
2 BLOCK BETHEL ReA ESTATES PER PLAT
RECORDED N VOLUMF 2000131 PAGE 02875 DEeD
RECORDS D LLAS COUNTY TEXAS NOO 17nUW
2 1 2 iNCH IRO j ROD FOUND
3 l PK NAIL rOUND
4 POiNT rOR CORNER
DOlJ9 gg N J kx A OCI TE J GDGtrAENGINEERINGPLANNINGSURVEYING
11545 Pogemlll Rood Suite 200 Dallas Texos 7 43
P 214 349 9485 F 214 349 2216
www dcodfw com
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35 UTILITY AND WATER
THE CITY OF COPPELL
J W ANDERSON SURVEY
BROCK STREEr I
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ABANDONMENT
14 438 sq tt
0 33 ocres
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TtI EL ROADVARIABLEWIDTHROW
GENERAL NOiES
P R T I 0 I J 0 F
LINE EASEMEt IT
DALLAS COUNTY TEXAS
ABSTRACT NO 18
cou TRY rsu TE S
LOT 13 BLOCK A
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Exhibit B
ORDINANCE FOR THE CITY OF COPPELL TEXAS
ORDINANCE NOAN
ORDINANCE OF THE CITY OF COPPELL TEXAS PROVIDING FOR THE ABANDONMENT
OF STREET RIGHT OFWAYAND THE CLOSING OF A PORTION OF BETHEL
SCHOOL ROAD HARRIS STREET IN THE CITY OF COPPELL DALLAS COUNTY
TEXAS WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED PROVIDING
THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM THAT MAY BE
RECORDED WITHTHE COUNTY CLERK OF DALLAS COUNTY TEXAS RESERVING UNTO
THE CITY OF COPPELL A GENERAL UTILITY EASEMENT AND WATER LINE EASEMENT
OVER AND INTO THE AREA ABANDONED PROVIDING A SEVERABILITY CLAUSE
AND ESTABLISHING AN EFFECTIVE DATE WHEREAS
the City Council of the City of Coppell Texas acting pursuant to law and
upon the request of adjacent property owners Carmen Street a Texas Partnership and
Ruby McDowell an individual deem it necessary and in the public interest to abandon
and close the hereinafter described portions of said roadway and is of the opinion
that such portions of said roadway are not needed for street public use and that the
same should be abandoned and quitclaimed to the adjacent property owners and WHEREAS
the City Council of the City of Coppell and the adjacent property owners
have agreed that upon the abandonment and closure of said roadway the City of
Coppell shall have and exercise no further rights in and to said portions of said roadways
for street and roadway purposes and that adjacent property owners shall assume
all maintenance and responsibility forany portion of said roadways that adjacent property
owners continue touse as a private road and WHEREAS
pursuant to statutes of the State of Texas the City of Coppell has the power
by ordinance to vacate and abandon a street upon the request of the owners ofreal
property abutting such street and WHEREAS
Ruby McDowell and Carmen Street are the owners ofthe real property
abutting the hereinafter described street to be abandoned and have requested that
the City of Coppell vacate abandon and close such street for street purposes and WHEREAS
theCity of Coppell finds that said property isa narrow strip of land not capable
of being used independently as zoned or under applicable subdivision or other development
control ordinances and should be exchanged forsuch other property to be dedicated
by the adjacent property owners for the construction ofa cul desacat one point
of closure of such roadway and
WHEREAS the City Council of the City of Coppell is of the opinion that the best
interest and welfare of the public will be served by accepting dedication of the area for
the construction of the culdesacand that the best interest and welfare of the public will
be served by abandoning for street purposes the hereinafter described land in favor of
the adjacent property owners but retaining therein a general utility easement and water
line easement NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL TEXAS
SECTION Pursuant toArticle and theCharter of the City of Coppell Texas the tract
of land described in Exhibits A and B which are attached hereto and made a part
hereof be and the same are hereby abandoned vacated and closed insofar as the right
title and easement for public street purposes are concerned and that such abandonment be in
favor of Carmen Street a Texas Partnership the abutting property owner and
owner of the underlying fee simple to said property That this abandonment ordinance shall
constitute a quitclaim in favor of Carmen Street a Texas Partnership said abutting
property owner and a certified copy of the same may be filed in the deed
records of Dallas County Texas to indicate such abandonment and the acceptance by such
property owner of all future responsibility for maintenance of said property in the
event any portion of the same is maintained as a private road including any street surface
bridge or creek crossing permitted by such property owner to continue to exist and
be used in connection with the private roadway That this abandonment conveyance and relinquishment
to the underlying fee simple owner provided for herein shall extend only
to the public street right of way titleeasementand or interest forstreet purposes that the
governing body of the City of Coppell may legally and lawfully abandon and vacate and
the City of Coppell reserves unto itself and does not relinquish or abandon its water
line easement and general utility easement over and under the property herein described SECTION
Pursuant to
Article and the Charter of theCity of Coppell Texas the tract of land described
inExhibit C which is attached hereto and made a part hereof be and the same is
hereby abandoned vacated and closed insofar as the right title and easement for public street
purposes are concerned and that such abandonment be in favor of Ruby McDowell
the abutting property owner and owner of the underlying fee simple tosaid property That
this abandonment ordinance shall constitute a quitclaim in favor of Ruby McDowell said
abutting property owner and a certified copy of the same may be filed in the
deed records of Dallas County Texas to indicate such abandonment and the acceptance by such
property owner of all future responsibility for maintenance of said property in the
event any portion of the same is maintained as a private road including any street surface
bridge or creek crossing permitted by such property owner to continue to exist
and be used in connection with the private roadway That this abandonment conveyance and relinquishment
to the underlying fee simple owner provided for herein shall extend
only to the public street right of way title easement and orinterestfor street
purposes thatthe governing body of the City of Coppell may legally and lawfully abandon
and vacate and the City of Coppell reserves unto itself and does not relinquish
or abandon its water line easement and general utility
easement over and under the property herein described
SECTION If any article paragraph or subdivision clause or provision of this ordinance
shall be judged invalid or held unconstitutional thesame shall not affect the validity
of this ordinance as a whole or any part or provision thereof other then the part declared
to be invalid or unconstitutional SECTION
The City of Coppell acknowledges that all findings set forth above to be
true and correct and hereby adopts and incorporates such findings into this ordinance for
all purposes SECTION This
ordinance shall take effect immediately from and after its passage as the
law in such cases provides DULY PASSED bytheCityCounciloftheCityofCoppellTexasthethdayofAprilAPPROVEDMarkWolfeMAYORATTESTDorothyTimmonsCITYSECRETARYAPPROVEDASTOFORMLawrenceWJacksonCITYATTORNEYAPPROVEDRUBYMcDOWELLCARMEN
STREETa
Texas
Partnership CO
CERTIFICATE OF CITY SECRETARY
STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
I the undersigned City Secretary of the City of Coppell Texas a municipal
corporation in the performance of the function of my office hereby certify that the
attached ordinance is a full true and correct copy of Ordinance No J y as the same appears
in the records of the official ordinance book of the City having been adopted by the
City Council ofthe City of Coppell Texas on the day of and
that I am the lawful possessor and have t v
c frecordlegal cusodsuchWITNESSMY
HAND AND SEAL OF OFFICE at my office in Coppell Texas this the J
dayof j Seal AGG
EXHIBIT A
POINT OFCOMMENCINGI N DZEEPROPOSED
BROCKSTREET
c
R O WBEGNGo
oAE
ALEr
IT GOODWIN g
c M ARStlALL
GVIL IGEIRI pLANHIRe iURVIYORt
VISED
LEGAL IESXtIIilON
tielag a acretract of hind in tbe J W AndersonSurvey Abstract No situated in the City of Coppell Dallas
County Texas and being more particularly described as tifflows COMMENCING at a
iron pin fimnd in the South line of a traGt conveyed to William MWilson Jr in deed
recorded in Volume Page of the Deed Records of Dallas Counly Texas said iron pin found also
being on the We st right of way line ofBethel SchoolRoadR O W TIIENCE N E feet
toairon pin set ontheEastright ofway line of Ilcthcl Schoolload TI IENCE S W along theEastrightdway
line of BethelSchool Road Feet to aironpin set THENCE S lW alongthe East right of way
llne ofBethel School Road feet toa iron pin set for the POINTOFBEGINNING of the herein described tractTtlENCES W along
the East right ofwayline of Bethel SchoolRoad feet to a iron pin set THENCE SoW along
the East
right of waylineof Bethel School Road feet toaironpin set THENCE S W feetto a iron pin
setTHENCE N E feet
toa ironpin set THENCE N E Feettoa iron pin set said iron pinbeing the point of curvatureof
a circular curve
tothe lefthavinga radius offeet acentral angle ofa chord length of
feet and achordbearingof NE THENCE along said curveto the left Feet
tothe POINTOFBEGINNING and containingIacres or square feetof land more or le ss
EXHIBIT B
POINT OF BEGINNING I N egr E
seFF PROPOSEDBROCK
STRE
ET Sr
or
w LTSCALF
OT iF
W tS gO
BOLEALLCOIitIlatlNEt l
ONPlsasr
tlI EBeBOIErGOODWINtmMARSHALL
LEGAL DESCRIPTION
Being a acretract of land in the J W AndersonSurvey Abstract No and the E A Crow SurveyAbstract No
situated in the City of Coppell Dallas County Texas and being more lta ticulafly tlcsctiltcd as
ifihws BEGINNING at airon
pin fonnd in theSouth line of a tract conveyed to William M Wilson Jr indeed recorded in Volume
Page of the Deed Records ofDallas County Texas said iron pin Iimnd also being on the West
right of way line of Bethel School Road ROWTHENCE N E feet to a ironpinset
onthe Eastrightof way lineof Bethel School Road IIIENCE S o W along the East rightofway line of Bethel
School Road
feettoa ironpin set THENCE S W alongtheEastright of way line of BethelSchool Road feet to airon
pin set said
pin being thepointofcurvature of a circular curvetothe right having a radius of IRI feet a central
angle of a chord length of feet and a chord bearing of S W THENCE along said curve to the right
leertoairon pin set TIIENCE S Wleerto a iron pin set THENCESo W feet to airon
pin setTHENCES W
feet to a iron pin found on theWest right of way lineof Bethel School Road
THENCE N oEalongthe Westright of way line ofBethel School Road feet
toa ironpin found THENCEN E along the Westright of way line
ofBethel SchoolRoadfeet to airon pin found THENCE No E along the West right ofwaylineof Bethel School Road
feet to
the POINT OFBEGINNING and containing acres or squarefeetoland more or less
I
SCALE AD to
BA BY ROADWAY AI
EX TO C BE ROAD
N W SCALE OODWINDATE AR
HALL
w o
CIVIL ENGINEER PLAR
LEGAL DESCRIPTION
Being a acre tract of land in the J WAnderson Survey Abstract No sitnaled in the City of Coppell
Dallas County Texas nnd being more parlicnlarly described as follows COMI ENCINC
atairon pin foondIn Ihe Sonth Ilne of n tract conveyed to William M Wilson Jr in deed
recorded In Volume Page ofthe Deed Records of Dallas County Texas said iron pin fmmd also
being on lhe West right of way line of Bethel SchoolRoadR O W T IENCE N E
feetton Iironpinsetonthe Ihst rightof way llne nf BethelSchool Road T IENCE S W along theEastright of way
line ofBelhel SchoolIlo ul feeltoa I iron pin sel TIIENSW along the Isl
rilht ofway line of Bethel SchoolRoad feet to a IironpinsetTIENCES W along IheEast rightofwayline of Bethel
School Road feet toaIirnn pin setrlhe POINT OF BEGINNINGIENCESEfeetto a iron pin set
TIENCE S W feet ton ironpin sel T ENCE NW feet to n Iiron pin set TIIENCE
NEfeel lonironpin set TIIENCE N U W feetto airon pin
set TIIENCE NTEfeel tnIhePt NT OF BEGINNINGand conlnininll acres or
sqnnrefeel of landmoreor less
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
April 28, 2009
12/C
✔
CONTRACT/BID or PROPOSAL
Consider approval to award Bid #Q-0309-01 HVAC Maintenance Contract to Johnson Controls, Inc. in the amount of
$97,056.00 as budgeted for a one year term beginning May 1, 2009 with options to renew an additional four years, and
authorizing the City Manager to sign all necessary documentation.
Approval of this contract will provide for services and maintenance to the HVAC systems for all City facilities.
Funds have been budgeted in the Facilities Management department, Building Maintenance account for this
contract. (01-03-13-3110)
Staff recommends award of the contract to Johnson Controls, Inc.
#HVAC Services Contract
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Sheri Moino, CFM, Facilities Manager
DATE: April 28, 2009
RE: Consider approval to award Bid #Q-0309-01 HVAC Maintenance Contract
to Johnson Controls, Inc. in the amount of $97,056.00 as budgeted for a one
year term beginning May 1, 2009 with options to renew an additional four
years, and authorizing the City Manager to sign all necessary documentation.
Bid #Q-0309-01 for a full service HVAC Maintenance Contract for our City facilities
opened on April 7, 2009. Four bids were received, one of which was "No Bid". The bid
tabulation is also attached.
Johnson Controls, Inc. was the lowest bid. They received satisfactory references from the
client list they provided.
Staff would like to recommend award to Johnson Controls, Inc. in the amount of
$97,056.00. Staff will be present to answer any questions.
Johnson Controls Inc
Building Efficiency
3021 West Bend Drive Irving TX 75063 3116
Tel 972 868 3600 Fax 972 869 9421
Johnson jControls
April 6 2009
Mr Jerod Anderson
Purchasing Manager
City of Coppell
255 Parkway Boulevard
Coppell Texas 75019
RE City of Coppell Solicitation Q 0309 01 City wide HVAC Maintenance
Dear Mr Anderson
On behalf of Johnson Controls Inc thank you for allowing us to provide a proposal for these
services Our facility is staffed with over 25 registered and factory trained HVAC technicians all of
whom are very familiar with the types of mechanical equipment your city uses We are located less
than one mile from the Coppell city limits which will allow us to respond very quickly to your service
requests Johnson Controls is a publicly traded Fortune 100 company with a strong balance sheet
and a long record of financial stability We honor our commitments to our customers and our vendors
In 2005 Johnson Controls purchased York International Our organization is able to offer HVAC and
Controls equipment and services to the City of Coppell either by Public Bid or through the Texas
Multiple Award Schedule TXMAS Our current TXMAS contract is TXMAS 5 03FAC020
We have a long record of solid performance on HVAC maintenance contracts such as yours We
have enclosed a reference list in our packet and welcome your contact with these current customers
Our price as shown on the Bid Form represents the scope of work equipment list and other
conditions as set forth on your original invitation to bid as well as those on Addendum 1 We
understand this contract will require some support on issues with your current Energy Management
Systems
Should we be awarded this contract I will immediately provide you with the contact information for
your local JCI team as well as the 24 7 JCI Service Hotline
Mr Anderson thank you again for considering Johnson Controls Please feel free to contact me if
you have any questions about our proposal
Sii3L
Joe Goodrich
Account Manager Local Government
Enclosure City of Coppell HVAC Maintenance Bid Packet 2 copies
BID FORM
PROJECT IDENTIFICATION
Bid Q 0309 01 in Coppell Texas
HVAC Maintenance
BID OF JotfWsoJ eoracLS
J INC
NAME OF FIRM
DATE 0 0 WOCj
TOTAL PRICE
TOTAL BID 00q1J05b year
In
NI V Tf S IN 1lrov S4Jt fi lr1 5 l IJ OL L1It 5
Words
THIS BID IS SUBMITTED TO
City ofCoppeIl
c o Purchasing Agent
255 Parkway Boulevard
P O Box 9478
Coppell Texas 75019
SUBMITTED ON AJIL i L 2Dog
Signature
V
CITY OF COPPEll PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPEll TEXAS 75019 Page 26
BID Q 0309 01 HVAC MAINTENANCE CONTRACT
CONFLICT OF INTEREST QUESTIONNAIRE
FORMCIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local
Government Code by a person doing business with the governmental entity
OFFICE USE
ONLY
Date Received
By law this questionnaire must be filed with the records administrator ofthe local
government not later than the 7th business day after the date the person becomes
aware of facts that require the statement to be filed See Section 176 006 Local
Government Code
A person commits an offense if the person violates Section 176 006 Local
Government Code An offense under this section is a Class C misdemeanor
1 Name of person doing business with local governmental entity
J 0 fJN S DtJ CulTfLCL IN
2 CJ Check this box if you are filing an Jpdate to a previously filed questionnaire
The law requires that you file an updated completed questionnaire with the appropriate filing authority
not later than September 1 of the year for which an activity described in Section 176 006 a Local
Government Code is pending and not later than the 7th business day after the date the originally filed
questionnaire becomes incomplete or inaccurate
3 Name each employee or contractor of the local governmental entity who makes recommendations
to a local government officer of the governmental entity with respect to expenditures of money
AND describe the affiliation or business relationship
fJjA
4 Name each local government officer who appoints or employs local government officers of the
governmental entity for which this questionnaire is filed AND describe the affiliation or business
relationship
tV A
CITY OF COPPEll PURCHASING DEPARTMENT 2 PARKWAY BOULEVARD COPPEll TEXAS 75019 I age 27
BID Q 0309 01 HVAC MAINTENANCE CONTRACT
FORMCIQ
CONFLICT OF INTEREST QUESTIONNAIRE
Page 2
For vendor or other person doing business with local governmental entity
Name oflocal government officer with whom filer has affiliation or business relationship Complete this section
only if the answer to A B or C is YES
5
This section item 5 including subparts A B C D must be completed for each officer with whom the filer has affiliation
or other relationship Attach additional pages to this Form CIQ as necessary
A Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire 0 Yes 0 No
N A
B Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local
a2vernment officer named in this section AND the taxable income is not from the local governmental entity 0 Yes
U No NIp
C Is the filer of this questionnaire affiliated with a corporation or other business en that the local government officer
serves as an officer or director or holds an ownership of 10 percent or more U Yes 0 No
rJ A
D Describe each affiliation or business relationship
6
Signatunf15lperson doing business with the ental entity
1
Date
CITY OF COPPEll PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPEll TEXAS 75019 Page 28
THE CITY OF
corrELL
Ii
CITY OF COPPELL TEXAS
STANDARD FORM PURCHASE CONTRACT
CITY OF COPPEll PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPEll TEXAS 75019 Page 29
BID Q 0309 01 HVAC MAINTENANCE CONTRACT
City of CoppeII Texas
255 Parkway Boulevard
P O Box 9478
Coppell Texas 75019
This Agreement is made by and between the City of Coppell Texas a home rule municipality
hereinafter referred to as the Buyer and the hereinafter named Seller referred to as the Seller for the sale of
the goods materials and items specified hereinafter and the Buyer and Seller hereby agree as follows
Seller
J 0 ItN s O
Name
oL1 WeST 13 ewO 012
Address
T tLI lJ Lr TX SO fc3
City State Zip
CorJTIlOLSINL
i
Cf72 BloB 3 OO
Telephone
DESCRIPTION OF GOODS
This Contract is for the purchase by the City of Coppell Texas of the goods materials and items
described hereinafter as the Goods or the subject of this Contract and such parts attachments
accessories devices and apparatus as may be considered an integral part of the Goods or necessary for
the proper use or application of the Goods whether or not specified herein The Goods are more
specifically described as follows
Description
EA V EY rr i LAn
7 PGotVIfOrJlAtQV Y eYV T
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CITY OF COPPEll PURCHA ING DEPARTM 255 PARKWAY BOULEVARD COPPEll TEXAS 75019 Page 30
BID Q 0309 01 HVAC MAINTENANCE CONTRACT
CHECK ONE
This Contract is a fixed price fixed quantity Contract for the purchase of the specified quantity
at the specified price The full quantity of the Goods shall be delivered to and received at the
designated point or points of delivery no later than the date specified hereinbelow This date is a
material term and condition of this Contract and in connection with the delivery date time is and
shall be of the essence
Insert Date of Delivery
OR
This Contract is for a specific duration wherein the Seller will supply furnish and deliver at the
designated point or points of delivery the specified Goods in the quantities requested by Buyer at
the time of Buyer s order The delivery date s shall be set forth in Buyer s order This Contract
is not intended to be and shall not be construed as an exclusive requirements contract This
Contract is non exclusive and Buyer may acquire any or all of its requirements for the specified
Goods from Seller or any other source deemed appropriate by Buyer Upon the conclusion of the
duration of this Contract Buyer may renew this agreement for an additional period or periods
equivalent to the primary duration upon sending written notice of intent thereof within thirty 30
days prior to the expiration of the last day of the term of this Contract The failure to send the
foregoing notice shall convert this agreement into a fixed price fixed quantity contract as
described above
DURA TION From to
PAYMENT TERMS
The purchase price of the Goods shall be that contained in the Seller s bid and specifically accepted in
writing by Buyer Seller shall submit separate invoices in duplicate on each purchase order after each delivery
Invoices shall indicate the purchase order number and shall be itemized A copy of the bill of lading should be
attached to the invoice Mail to City of Coppell Purchasing Department 255 Parkway Boulevard P O Box 9478
Coppell Texas 75019 Payment shall not be due until the above instruments are submitted until the Goods have
been received by Buyer and until Buyer has had sufficient opp0l1unity to inspect and exercise its right to accept or
reject Seller shall keep the purchasing department advised of any changes in their remittance addresses In no
event shall Buyer be responsible for interest of any kind on any funds due to Seller and no term or provision
contained in any Seller s invoice shall in any way modify vary or alter the provisions hereof
Buyer s obligation is payable solely from funds available for the purpose of the purchase Lack of funds
shall render this contract null and void and to the extent funds are not available any delivered but unpaid for goods
will be returned to Seller by Buyer Do not include federal excise tax state or city sales tax The City shall furnish
a tax exempt certificate if required
CITY OF COPPEll PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPEll TEXAS 75019 Page 31
BID Q 0309 01 HVAC MAINTENANCE CONTRACT
CONTRACT TERMS AND CONDITIONS
This Contract is made and entered into between the parties hereto in accordance with and subject to the
following additional terms and conditions
1 SELLER TO PACKAGE GOODS Seller will package Goods in accordance with good commercial
practice Each shipping container shall be clearly marked and permanently packed as follows a Seller s
name and address b Consignee s name address and purchase order or purchase release number and the
supply agreement number if applicable c Container number and total number of containers e g box 1 of
4 boxes and d the number of the container bearing the package slip Seller shall bear cost of packing
unless otherwise provided Goods shall be suitably packed to secure lowest transportation costs and to
conform with requirements of common carriers and any applicable specifications Buyer s count or weight
shall be final and conclusive on shipment not accompanied by packing lists
2 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the Goods
under reservation and no tender of a bill of lading will operate as a tender of goods
3 TITLE AND RISK OF LOSS The title and risk ofloss of the Goods shall not pass to the Buyer until the
Buyer actually receives and takes possession of the Goods at the point or points of delivery
4 DELIVERY TERMS AND TRANSPORTATION CHARGES F O B Destination Freight Prepaid
unless delivery terms are specified otherwise in the bid Seller shall pay for the transportation costs
5 NO PLACEMENT OF DEFECTIVE TENDER Every tender or delivery of Goods must fully comply
with all provisions of this contract as to time of delivery quality and the like If a tender is made which
does not fully conform this shall constitute a breach and Seller shall not have the right to substitute a
conforming tender provided where the time for performance has not yet expired the Seller may
seasonable notify Buyer of his intention to cure and may then make a conforming tender within the
contract time but not afterward
6 PLACE OF DELIVERY The place of delivery shall be that set forth on the purchase order or in any
other written designation by Buyer The terms of this agreement are no arrival no sale
7 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery before accepting
them
8 REJECTION OF GOODS It is agreed that if Buyer rejects any of the goods sold pursuant to this
agreement Buyer s only duty shall be to seasonably notify Seller of the rejection and hold the goods for
the disposition of Seller and it is agreed that under no circumstances shall Buyer be required to resell the
rejected goods or incur the cost to deliver same to Seller
9 GRATUITIES The Buyer may by written notice to the Seller cancel this contract without liability to the
Seller if it be determined by the Buyer that gratuities in the form of entertainment gifts or otherwise were
offered or given by the Seller or any agent or representative of the Seller to any officer or employee of
City of Coppell with view toward securing the contract or securing favorable treatment with respect to
awarding or amending or the making of any determination with respect to the performing of such a
Contract In the event this Contract is canceled by Buyer pursuant to this provision Buyer shall be entitled
in addition to any other rights and remedies to recover and withhold the amount of the cost incurred by the
Seller in providing such gratuities
10 SPECIAL TOOLS AND TEST EQUIPMENT If the price stated on the face hereof includes the cost of
any special tooling or any special test equipment fabricated or required by Seller for the purpose of filling
Y BOULEVARD COPPEll TEXAS 75019 Page 32
BID Q 0309 01 HVAC MAINTENANCE CONTRACT
this order such special tooling equipment and any process sheets related thereto shall become the property
of the Buyer and to the extent feasible shall be identified by the Seller as such
11 WARRANTY PRICE
a The price to be paid by the Buyer shall be that contained in the Seller s bid which Seller warrants
to be no higher than Seller s current prices on orders for products of the kind and specification
covered by the agreement for similar quantities under similar or like conditions and methods of
purchase In the event Seller breaches this warranty the prices of the items shall be reduced to the
Seller s current prices on orders by others or in the alternative Buyer may cancel this contract
without liability for breach or Seller s actual expense
b The Seller warrants that no person or selling agency has been employed or retained to solicit or
secure this contract upon an agreement or understanding for commission percentage brokerage
or contingent fee excepting bona fide established commercial or selling agencies maintained by
the Seller for the purpose of securing business For breach of violation of this warranty the Buyer
shall have the right in addition to any other right or rights to cancel this contract without liability
and to deduct from the contract price or otherwise recover the full amount of such commission
percentage brokerage or contingent fee
12 WARRANTY PRODUCTS Seller shall not limit or exclude any implied warranties and any attempt to
do so shall render this contract voidable at the option of the Buyer No such attempts to limit disclaim or
exclude any warranties whether of fitness merchantability or otherwise by Seller shall be binding or
effective Seller warranties that the Goods furnished will conform to the specifications drawings and
descriptions listed in the bid invitation and to the sample s furnished by Seller if any In the event of a
conflict between the specificqtions drawings and descriptions the specifications shall govern
13 SAFETY WARRANTY Seller warrants the product sold to the Buyer shall conform to the standards
promulgated by the U S Department of Labor under the Occupational Safety and Health Act of 1970 In
the event that the products do not conform to OSHA standards Buyer may return the product for
correction or replacement at the Seller s expense In the event that Seller fails to make the appropriate
correction within a reasonable time any correction made by Buyer witrbe at Seller s expense
14 NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As part of this contract for sale Seller
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this
agreement will give rise to the rightful claim of any third person by way of infringement or the like Buyer
makes no warranty that the production of goods according to the specifications will not give rise such
claim and in no event shall Buyer be liable to Seller in the event that Seller is sued on the grounds of
infringement or the like If Seller is of the opinion that an infringement or the like will result he will notify
Buyer to this effect in writing or the like within two weeks after the signing of this agreement If Buyer
does not receive notice and a claim is asserted or Buyer is subsequently held liable for the infringement or
the like Seller will indemnify defend and save Buyer harmless If Seller in good faith ascertains that
production of the goods in accordance with the specifications will result in infringement or the like this
contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to
infringements
15 CANCELLATION Buyer shall have the right to cancel for default on all or any part of the undelivered
portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller
becomes insolvent or commits acts of bankruptcy Such right of cancellation is in addition to and not in
lieu of any remedies which Buyer may have at law or equity The Buyer may for any reason whatsoever
terminate performance under this Contract by the Seller for convenience at any time The Buyer shall give
notice of such termination to the Seller specifying when termination becomes effective Goods received
but unopened or unused shall be made available to Seller for delivery Buyer will in the event of
termination remit such sums to Seller as may be due only for those Goods retained by Buyer
BOULEVARD COPPELL TEXAS 75019 Page 33CITYOFCOPPELLPURCHASINGD
BID Q 0309 01 HVAC MAINTENANCE CONTRACT
16 FORCE MAJEURE If by reason of Force Majeure either party hereto shall be rendered unable wholly
or in part to carry out its obligation under the Agreement then such party shall give notice and full
particulars of Force Majeure in writing to the other party within a reasonable time after the occurrence of
the event or cause relied upon and the obligation of the party giving such notice so far as is effected by
such Force Majeure shall be suspended during the continuance of the inability then claimed except as
hereafter provided but for no longer periods and such party shall endeavor to remove or overcome such
inability with all reasonable dispatch
The term Force Majeure as employed herein shall mean acts of God strikes lockouts or other industrial
disturbance act of public enemy orders of any kind of government of the United States or State of Texas
or any civil or military authority insurrections riots epidemics landslides lightning earthquakes fires
hurricanes storms floods washouts droughts arrests restraints of government and people civil
disturbances explosions breakage or accidents to machinery pipelines or canals or other causes not
reasonably within control of the party claiming such inability It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty
and that the above requirements that any Force Majeure shall be remedied with all reasonable dispatch
shall not require the settlements of strikes and lockouts by exceeding to the demands of the opposing party
or parties when such settlement is unfavorable in the judgment of the party having the difficulty
17 ASSIGNMENT DELEGATION No right or interest in this contract shall be assigned or delegation of
any obligation made by Seller without the written permission of the Buyer An attempted assignment or
delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity
with this paragraph
18 MODIFICATIONS This contract can be modified or rescinded only in writing signed by both parties or
their duly authorized agents
19 WAIVER No claim or right arising out of a breach in cQntract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration
and is in writing signed by the aggrieved party
20 INTERPRETATION PAROLE EVIDENCE This wrltmg is intended by the parties as a final
expression of their agreement and is intended also as a complete and exclusive statement of the terms of
their agreement No course of prior dealings between the parties and no usage of the trade shall be relevant
to supplement or explain any term used in this agreement Acceptance or acquiescence in a course of
performance rendered under this agreement shall not be relevant to determine the meaning of this
agreement even though the accepting or acquiescing party has knowledge of the performance and
opportunity for objection Whenever a term defined by the Uniform Commercial Code is used in this
agreement the definition contained in the Code is to control
21 APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code Wherever
the term Uniform Commercial Code is used it shall be construed as meaning the Uniform Commercial
Code as adopted in the State of Texas as effective and in force on the date of this agreement
22 ADVERTISING Seller shall not advertise or publish without Buyer s prior written consent the fact that
Buyer has entered into this contract except to the extent necessary to comply with prior requests for
infomlation from an authorized representative of federal state or local government
23 RIGHT TO ASSURANCE Whenever one party to this contract in good faith has reason to question the
other party s intent to perform he may demand that the other party give written assurance of his intent to
perform In the event that a demand is made and no assurance is given within five 5 days the demanding
party may treat this failure as an anticipatory repudiation of the contract
CITY OF COPPEll PURCHASIN DEP R RKWAY BOULEVARD COPPEll TEXAS 75019 Page 34
BID Q 0309 01 HVAC MAINTENANCE CONTRACT
24 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee shall
have a financial interest direct or indirect in any contract with the City or be financially interested
directly or indirectly in the sale to the City of any land materials supplies or services except on behalf of
the City as an officer or employee Any knowing and willful violation of this section shall constitute
malfeasance in office and any officer or employee guilty thereof shall forfeit his office or position Any
violation of this section with the knowledge express or implied of the person or corporation contracting
with the governing body of the City shall render the contract involved voidable by the City Manager or the
City Council
25 ENTIRE AGREEMENT This Contract and all Specifications and Addenda attached thereto constitute
the entire and exclusive agreement between the Buyer and Seller with reference to the Goods Specifically
but without limitation this Contract supersedes any bid documents and all prior written or oral
communications representations and negotiations if any between the Buyer and Seller not expressly made
a part hereof
26 INDEMNITY AND DISCLAIMER BUYER SHALL NOT BE LIABLE OR RESPONSIBLE FOR
AND SHALL BE INDEMNIFIED HELD HARMLESS AND RELEASED BY SELLER FROM AND
AGAINST ANY AND ALL SUITS ACTIONS LOSSES DAMAGES CLAIMS OR LIABILITY OF
ANY CHARACTER TYPE OR DESCRIPTION INCLUDING ALL EXPENSES OF LITIGATION
COURT COSTS AND ATTORNEY S FEES FOR INJURY OR DEATH TO ANY PERSON OR
INJURY OR LOSS TO ANY PROPERTY RECEIVED OR SUSTAINED BY ANY PERSON OR
PERSONS INCLUDING THE SELLER OR PROPERTY ARISING OUT OF OR OCCASIONED BY
DIRECTLY OR INDIRECTLY THE PERFORMANCE OF SELLER UNDER THIS CONTRACT
INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF BUYER WITHOUT HOWEVER WAIVING ANY GOVERNMENTAL
IMMUNITY A V AILABLE TO THE BUYER UNDER TEXAS LAW AND WITHOUT WAIVING ANY
DEFENSES OF THE PARTIES UNDER TEXAS LAW THE PROVISIONS OF THIS
INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT
INTENDED TO CREATE OR GRANT ANY RIGHTS CONTRACTUAL OR OTHERWISE TO ANY
OTHER PERSON OR ENTITY IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS
AGREEMENT THA T THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY
EXTENDED BY SELLER TO INDEMNIFY AND PROTECT BUYER FROM THE CONSEQUENCES
OF THE SELLER S AS WELL AS THE BUYER S NEGLIGENCE WHETHER SUCH NEGLIGENCE
IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY DEATH OR DAMAGE IN
ADDITION CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A
STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT
EVIDENCING THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS
AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE
27 GOVERNING LAW The Contract shall be governed by the laws of the State of Texas Venue for any
causes of action arising under the terms or provisions of this Contract or the Goods to be delivered
hereunder shall be in the courts of Dallas County Texas
28 SUCCESSORS AND ASSIGNS The Buyer and Seller bind themselves their successors assigns and
legal representatives to the other party hereto and to successors assigns and legal representatives of such
other party in respect to covenants agreements and obligations contained in this Contract The Seller shall
not assign this Contract without written consent of the Buyer
29 SEVERABILITY The provisions of this Contract are herein declared to be severable in the event that
any term provision or part hereof is determined to be invalid void or unenforceable such determination
shall not affect the validity or enforceability of the remaining terms provisions and parts and this Contract
shall be read as if the invalid void or unenforceable portion had not been included herein
Page 35
BID Q 0309 01 HVAC MAINTENANCE CONTRACT
30 NOTICES All notices required by this Contract shall be presumed received when deposited in the mail
properly addressed to the other party at the address set forth herein or set forth in a written designation of
change of address delivered to all parties
tEXECUTEDthis7 day of 4P lf L 2DOQ
SELLER
Signature
C i54 I v S YIt t4 C
Type Print Name and Title Position
a 2 1 WEST BENt OL vE
Address
T L JG
City State Zip
ISblo
CITY OF COPPEll PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPEll TEXAS 75019 Page 36
HV AC Maintenance Contract
Bid FY 2009 10
TRANSMITTAL OF ADDENDUM 1
w
INSTRUCTIONS
1 ACKNOWLEDGE RECEIPT OF ADDENDUM IN PROPOSAL ON OUTER
ENVELOPE OF BID
IAcknowledge the receipt of Addendum No 1
City ofCoppell
PROJECT NAME
HVAC Maintenance Contract
April 7 2009
Contractor s Sign ure
JOIM5c l u J Ls TNC
ICompanyName
JEROD ANDERSON
PURCHASING DEPARTMENT
972 304 3645
Page 1 of8
CITY OF COPPELL 255 P ARKW A Y BOULEY ARD COPPELL TEXAS 75019
Johnson Controls Inc
City of Coppell HVAC Maintenance Bid
Q 0309 01
April 7 2009
REFERENCE LIST
1 City of Lancaster
AlTN Mr Steve Lunsford
Manager Building and Construction Services
1700 Veterans Memorial Parkway
Lancaster TX 75134
972 218 3709
slunsford@lancaster tx com
2 American Airlines Center
AlTN Mr David Whittlesey
Facility Manager
2500 Victory Avenue
Dallas TX 75219
214 665 4822
dwhittlesey@americanairlinescenter com
3 Mesquite Independent School District
AlTN Mr Chuck Maxwell
Facilities Manager
800 East Kearney Street
Mesquite TX 75149
972 882 5522
cmaxwell@mesquiteisd org
leI Branch NoILocation 430 Dallas TX
PRODUCER
DATE
04 07 2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN
Marsh USA Inc
411 East Wisconsin Avenue
Suite 1600
Milwaukee Wisconsin 532024419
Attn CPU Phone 414 2904912 Fax 414 2904953
CPU Milwaukee@marsh com
INSURED
Johnson Controls Inc
Johnson Controls Battery Group Inc
Johnson Controls Interiors L L C
JCIM US LLC
Cal Air Inc
GES America LLC
Metro Mechanical Inc
Optima Batteries Inc
USI Companies Inc
York Intemational Cor ration
Attn Corp Risk Mgmt X 92
P O Box 591
Milwaukee WI 53201
Company
A
Company
B
Company
C
COMPANIES AFFORDING COVERAGE
ACE American Insurance Company
P O Box 41484 Philadelphia PA 19101
Sentry Insurance A Mutual Co
1800 North Point Drive Stevens POinL WI 54481
Indemnity Insurance Company of North America
and for CA WI and EX WC ACE
American Insurance Company
P O Box 41484 Philadel ia PA 19101
ACE Property Casualty Insurance Company
436 Wainut StreeL Philadelphia PA 19106
AM Best Rating
As of 09 04108
See Below
A XV
A XV
A XV
A XV
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATEDNOTWITHSTANDINGANYREQUIREMENTTERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHECERTIFICATEMAYBEISSUEDORMAYPERTAINTHEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMSCONDITIONSANDEXCLUSIONSOFSUCHPOLICIESLIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS
CO
IT
R
A
TYPE OF INSURANCE
GENERAL LIABILITY 1 3 4
x COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
OWNER S CONTRACTOR S PROT
Contractualx
X
X
X C U Explosion Collapse Underground
AdditionallnsuredOwners Lessees or
Contradors See Below
B AUTOMOBILE LIABILITY 2 3 4
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
D EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
C WORKERS COMPENSATION AND
EMPLOYERS LIABILITY 4
o INCL
n EXCL
Company
o
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
DATE MMIODIYY DATE MMIODIYY
HDOG23746396 10 1 2008 10 1 2009 GENERAL AGGREGATE
PRODUCTSCOMP OP AGG
90 0460601 10 1 2008
PERSONAL ADV INJURY
EACH OCCURRENCE
MED EXP Anyone person
10 1 2009 COMBINED SINGLE LIMIT
XOO G23865014 10 1 2008
BODILY INJURY
Per person
BODILY INJURY
Per accident
PROPERTY DAMAGE
AUTO ONL Y EA ACCIDENT
OTHER THAN AUTO ONLY
EACH ACCIDENT
10 1 2009 EACH OCCURRENCE
WLR42850585 AOS
WLRC42850573 CA
SCFC42850615 WI
WCUC42850627 EX WC
10 1 2008
AGGREGATE
LIMITS
5 000 000
5 000 000
5 000 000
5 000 000
5 000 000
50 000
5 000 000
5 000 000
5 000 000
10 1 2009
EL EACH ACCIDENT
THE PROPRIETOR
PARTNERS EXECUTIVE
OFFICERS ARE
OTHER
1 ADDITIONAL INSURED If required by contract Includes coverage forAdditional Insureds per attached endorsement
2 ADDITIONAL INSURED If required by contract includes coverage forAdditional Insureds and Loss Payee as required by contract
3 PRIMARY COVERAGE Where required by lease or contract this coverage is primary and not excess of orcontributing with other insurance or self insurance
4 WAIVER OF SUBROGATION Insured waives subrogation to the extent required by contract
DESCRIPTION OF OPERATIONSIlOCATIONSNEHICLES SPEClAl ITEMS JCI Contract No
Project Name City of Coppell HVAC Maintenance Contract
Customer PO Number Assumin Contract is Awarded to JCI Sam Ie Onl
EL DISEASEPOLlCY LIMIT
1 000 000
1 000 000
EL DISEASE EACH EMPLOYEE 1 000 000
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF
THE ISSUING COMPANV WILL Ii OR TO MAIL DAVS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
NAMED HEREIN Ii r I RIO 10 11 t I II IN tlol I ItIPOtr IO 91iIl 1 t QR 11 IiIl ITYOF IVKItI
t tQtr 11 IfItI t R R rrQR lt t Q Vl ITt ii Iri QR RiPR ITTI qt
City of Coppell
ATTN Mr lerod Anderson
Purchasing Manager
255 Parkway
Coppell TX 75019
MARSH USA INC BY
pr 7A4J r I fJU p7
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Engineering
April 28, 2009
12/D
✔
CONTRACT/BID or PROPOSAL
Consider approval of an agreement with Jalal Khorrami to acquire 0.026 acres of land, in order to expedite the Bethel
Road improvements through Old Town, and authorizing the City Manager to sign and execute any necessary
documents.
This agreement allows us to secure land necessary for the Bethel Road Project through Old Town. We are trading
0.031 acres of city owned land on the west side of Mr. Khorrami's property. This land and parking will be used to offset
parking lost in front of the Coppell Deli.
Staff recommends approval of the agreement.
#Land Agreement
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Keith R. Marvin, P. E., Project Engineer
DATE: April 28, 2009
REF: Consider approval of an agreement with Jalal Khorrami to acquire 0.026
acres of land, in order to expedite the Bethel Road improvements through
Old Town, and authorizing the City Manager to sign and execute any
necessary documents.
City staff has been working on the acquisition of Right-of-Way for the construction of Bethel
Road through Old Town for quite some time. The agreement before you this evening between
the City of Coppell and Jalal Khorrami is for the necessary Right-of-Way from the Coppell Deli
site. This parcel has been difficult due to the limited parking for the Deli, and the loss of parking
that this project represents. Patrons currently park in front of the Deli and when this project is
completed the curb and sidewalk will prevent on street parking in front of the Deli.
During the negotiations with Mr. Khorrami it became apparent that he was more concerned with
the loss of parking than with the value of the land we needed to acquire from him. This
agreement transfers ownership of 0.026 acres of land owned by Mr. Khorrami to the city for use
as Right-of-Way to build the roadway improvements. In exchange, the city will convey 0.031
acres of land adjacent to the Coppell Deli to Mr. Khorrami to maintain as parking. See the
attached exhibit for more information.
Approval of this agreement will allow us to continue with final design of this project. Staff
recommends approval and will be available to answer any questions.
Proposed
Land
Agreement
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\LAND AGREEMENT
Created on: 21 April 2009 by Scott Latta
1 INCH = 1 MILE
0 11/2
1 INCH = FT.
0 30
30
15
Proposed
Land Agreement
Sheet 1/1
Created in LDDTS:\CAD\In_Design\OLD COPPELL DEV\dwg\OLD COPPELL DEV.dwg\COPPELL DELI ROW
Revised on: 21 April 2009, by Scott Latta
Created on: 24 March 2009, by Scott Latta
COMPROMISE SETTLEMENT AGREEMENT
AND MUTUAL RELEASE OF CLAIMS
THIS COMPROMISE SETTLEMENT AGREEMENT and Release of Claims
(“Agreement”) is by and among Jalal Khorrami (“Khorrami”) and the City of Coppell, Texas
("City"), collectively referred to as the "Parties" to this Agreement.
I.
RECITALS
1.
2.
3.
4.
Jalal Khorrami (“Khorrami”) is the owner and occupant of real property situated
within the territorial limits of the City of Coppell, Dallas County, Texas. The City of Coppell,
Texas is a Home Rule municipality situated in Denton County, Texas, and organized under the
laws of the State of Texas.
The City and Jalal Khorrami have agreed to trade land as described as follows:
a) The City shall deed the property described in Exhibit “A” to Jalal
Khorrami; and
b) Jalal Khorrami shall deed the property described in the Exhibit “B” to the
City of Coppell, Texas.
The City will also build eight (8) parking spaces on the West side of Jalal
Khorami’s property and provide driveway access to them.
Releases. Khorrami and City do hereby release, acquit and discharge the other
from and against any and all demands, claims, losses, damages, litigation, and causes of action
which either party may now or hereafter assert against the other party as such may relate to the
SETTLEMENT AGREEMENT AND RELEASE PAGE 1
36328
exchange of property or condemnation, attorney’s fees, expenses and court costs incurred in
connection with any Litigation.
5. Any notice to be given or to be served upon a party hereto in connection with this
Agreement must be in writing and may be given by certified or registered mail and shall be
deemed to have been given and received when a certified or registered letter containing such
notice, properly addressed with postage prepaid, is deposited in the United States mail, and if
given otherwise than by certified or registered mail, it shall be deemed to have been given and
delivered to and received by the party (or such party’s agent or representative) to whom it is
addressed. Such notice shall be given to the parties hereto at the address set forth below. Any
party hereto may, at any time by giving two (2) days written notice to the other parties,
designate any other address in substitution of the foregoing address to which such notice shall
be given.
If Notice to Jalal Khorrami:
Jalal Khorrami
______________________
______________________
If Notice to City of Coppell:
City Manager
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
With a copy to:
J. David Dodd, III
Nichols, Jackson, Dillard, Hager & Smith, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
SETTLEMENT AGREEMENT PAGE 2
36328
6. Effective Date. The Effective Date of this Agreement shall be the last date of
execution by the Parties.
II.
MISCELLANEOUS PROVISIONS
7. Each Party to this Agreement represents that he/she/it is acting freely and
voluntarily; and that it in no way is relying upon any promise, warranty, representation or
agreement of any kind whatsoever, made directly or indirectly, by any agent, employee, or
lawyer of the Parties being released or any person or firm in privity with the parties being
released; and each Party understands that this is a full, final and complete settlement of all claims
of any kind or character whatsoever associated with land exchange and condemnation.
8. The undersigned each warrant that no inducements have been made to any of
them on behalf of the Parties released hereby, and that in deciding to release their claims and to
execute this Agreement, each has relied solely and only upon their own judgment and the advice
given to them by their attorney, whom they have selected.
9. This Agreement shall be deemed to have been jointly prepared by all Parties
hereto, and no ambiguity of this Agreement shall be construed against any party based upon the
identity of the author of this Agreement or any portion thereof.
10. This Agreement shall be governed by, construed and interpreted, and the rights of
the Parties determined, in accordance with the laws of the State of Texas, and venue of any
dispute concerning this Agreement shall be in a court of competent jurisdiction sitting in Dallas
County, Texas.
11. The recitals, statements and representations contained herein are to be considered
contractual in nature and not merely recitations of fact.
SETTLEMENT AGREEMENT PAGE 3
36328
12. In the event any one or more of the provisions of this Agreement shall, for any
reason, be held invalid, illegal or unenforceable in any respect, such invalidity shall not affect
any other provision herein.
13. This Agreement shall be binding on and inure to the benefit of each and every
Party to this Agreement, and their shareholders, partners, successors, officers, directors,
employees, assigns, heirs, executors, administrators, agents, lien holders, legal representatives,
and any of the companies, individuals or entities associated with them as owners, subsidiaries or
in any other related capacity with respect to any and all of the claims brought or which could
have been brought against any and all Parties herein released arising out of the events herein
described.
14. Each of the signatories to this Agreement represents and warrants that he/she is
authorized to execute this Agreement and bind his principals to the terms and provisions hereof.
Each Party warrants that any action required to be taken in order for this Agreement to be
binding on it has been duly and properly taken prior to the execution of this Agreement.
15. This Agreement may be executed in multiple counterparts, each of which taken
together shall constitute one and the same instrument.
Date: ___________________ By: ____________________________________
Jalal Khorrami
CITY OF COPPELL
Date: ___________________ ________________________________________
City Manager
ATTEST:
_______________________________________
City Secretary
SETTLEMENT AGREEMENT PAGE 4
36328
SPECIAL WARRANTY DEED
ST A TE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS
That City of Coppell Texas a Texas home rule municipality Grantor for and in
consideration of ten dollars 10 00 and other good and valuable consideration to Grantor the
receipt and sufficiency of which is hereby acknowledged paid in hand by the Jalal Khorrami
Grantee has GRANTED SOLD AND CONVEYED and by these presents does GRANT
SELL AND CONVEY unto Grantee all that certain lot tract or parcel of land situated in the
City of Coppell County of Dallas State of Texas being more particularly described in Exhibit
A which is attached hereto and incorporated herein by reference
This conveyance is being made by Grantor and accepted by Grantee subject only to
encumbrances and claims of record but only to the extent that such encumbrances and claims of
record are valid existing and in fact affect the Land Except for the special warranty of title
made in this Deed Grantor makes no other representations warranties or covenants herein and
hereby expressly disclaims all implied representations warranties and covenants whether
arising by operation of law by statute or otherwise
TO HAVE AND TO HOLD the Land together with all and singular the rights and
appurtenances thereto and in anywise belonging including all of Grantor s right title and interest
in and to adjacent streets alleys and rights of way subject to the encumbrances and claims of
record unto Grantee its successors and assigns forever and Grantor does hereby bind itself its
heirs successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Land unto Grantee its successors and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by through or under Grantor but not otherwise
EXECUTED this the day of 2009
GRANTOR
CITY OF COPPELL TEXAS
By
Clay Phillips City Manager
CITY TO JALAL KHORRAMI
SPECIAL WARRANTY DEED
Page 1 of3
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME the undersigned authority a Notary Public in and for said County and
State on this day personally appeared Clay Phillips City Manager of the City of Coppell known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same for and on behalf of the City of Coppell Texas a Texas home
rule municipality for the purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
2009
Notary Public in and for the State of Texas
My Commission Expires
CITY TO JALAL KHORRAMI
SPECIAL WARRANTY DEED
Page 2 of3
LEGAL DESCRIPTION
BEING 0 031 acre of land located in the JAMES A SIMMONS SURVEY
ABSTRACT No 1296 Coppel Dallas County Texas and being a portion of a
Tract of land conveyed to the City of Coppell by Hie deed recorded in Volume
2003094 Page 797 Tract II of the Deed Records of Dallas County Texas Said
0 034 acre of land being more particularly described by metes and bounds as
follows
BEGIN1NG at a 17 iron rod found in the West boundary line of sain city of
Coppell Tract lying S 00 59 19 E 7 78 feet from a yj iron rod found
marking the Northeast corner of said City of Coppell Tract
THENCE S or 46 57 E 74 32 feet along the East boundary line of said
City of Cappel Tract to a 17 iron rod marked Brittain Crawford set
THENCE S 890 44 28 W
Crawford set
18 01 feet to a Y iron rod marked Brittain
THENCE N 01 46 57 W 74 32 feet Y iron rod marked Brittain
Crawford set in the new South right of way line of aforesaid Bethel Road
THENCE N 89044 28 E 18 01 feet along the new South right of way line
of said Bethel Road to the POINT OF BEGINNING containing 0 031 acre
1 338 square feet of land
G200fl legals O 034acre doc
SURVEY MAP OF 0 031 ACRE OF LAND LOCATED IN THE
JAMES A SIMMONS SURVEY ABSTRACT No 1296
COPPEll DALLAS COUNlY TEXAS
r RITTAIN CRAWFORD
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I
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THE PLAT HEREON IS A muE CORRECT AND ACCURAT REPRESENTATION OF
THE PIWPERlY AS DETERMINED BY SURVEY THE LINES AND DIMENSIONS or SAID
PROPERTY BEING AS iNDICATED BY THE PLAT THE SIZE LOCAllON AND rYPE OF
BUILDiNGS AND iMPROVEMENTS ARE AS SHOWN AlL IMPROVEMENTS ARE SET BACK
FROM THE PROPERTY LINES THE DiSTANCE INDICATED AND THERE ARE NO
ENCROACHMENIS OR EASEMENTS VISIBLE ON THE GROUND EXCEPT AS SHOWN
SCALE 1 40
JALAL KHORRAMI TO CITY 36473
SPECIAL WARRANTY DEED
Page 1 of 3
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
That Jalal Khorrami, (“Grantor”), for and in consideration of ten dollars ($10.00) and
other good and valuable consideration to Grantor, the receipt and sufficiency of which is hereby
acknowledged, paid in hand by the City of Coppell, a Texas home rule municipality, (“Grantee”)
has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND
CONVEY unto Grantee all that certain lot, tract, or parcel of land situated in the City of Coppell,
County of Dallas, State of Texas, being more particularly described in Exhibit “A,” which is
attached hereto and incorporated herein by reference.
This conveyance is being made by Grantor and accepted by Grantee subject only to
encumbrances and claims of record, but only to the extent that such encumbrances and claims of
record are valid, existing, and, in fact, affect the Land. Except for the special warranty of title
made in this Deed, Grantor makes no other representations, warranties, or covenants herein and
hereby expressly disclaims all implied representations, warranties, and covenants, whether
arising by operation of law, by statute, or otherwise.
TO HAVE AND TO HOLD the Land, together with all and singular the rights and
appurtenances thereto and in anywise belonging including all of Grantor’s right, title and interest
in and to adjacent streets, alleys and rights-of-way, subject to the encumbrances and claims of
record, unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its
heirs, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Land unto Grantee, its successors and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise.
EXECUTED this the _______ day of _________________, 2009.
GRANTOR:
____________ _
By: __
JALAL KHORRAMI TO CITY 36473
SPECIAL WARRANTY DEED
Page 2 of 3
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Jalal Khorrami, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for
and on behalf of the ______ for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _________ day of
__________________________, 2009.
_______________________________________
Notary Public in and for the State of Texas
My Commission Expires:
__________________
EXHIBIT "A'
LEGAL DESCRIPTION
PERMAN ENT RIGHT-OF.WAY
BEING 0.026 acre of land located in the JAMES A. SIMMONS SURVEY,
ABSTRACT No. 1296, Coppell, Dallas County, Texas, and crossing the tracts of
land conveyed to Jalal Khorrami by the deeds recorded in Volume 95082, Page
259, and Volume 95082, Page 267 of the Deed Records of Dallas County,
Texas. Said 0.026 acre of land being more particularly described by metes and
bounds as follows:
BEGINING at a point at the Northeast corner of said Khorrami Tract, being the
intersection of the existing South right-of-way line of Bethel Road, with the
West right-of-way line of Coppell Road;
THENCE S 00" 59' 19" E 21.03 feet, along the West right-of-way line of
said Coppell Road, to a Tz" iron rod marked "Brittain & Crawford" set, in
the new South right-of-way line of aforesaid Bethel Road;
THENCE along the new South right-of-way line of said Bethel Road, ?s
follows:
1. N 46" 25' 26" W 21.39 feet, to a Tr" iron rod marked "Brittain &
Crawford" set;
2. S 89'03'00'W 129.75 feet, to a Yz" iron rod marked "Brittain &
Crawford" set, in the West boundary line of said Khorrami Tract;
THENCE N 00" 59' 19" W 7 .78 feet, along the West boundary line of said
Khorrami Tract, to a y2" iron rod found at the Northwest corner of said
Khorrami Tract, lying in the existing South right-of-way line of aforesaid
Bethel Road;
THENCE N 89" 44'28" E 145.00 feet, along the existing South right-of-
way line of said Bethel Road, to the POINT OF BEGINNING, containing
0.026 acre (1,115 square feet) of land.
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WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Finance
April 28, 2009
12/E
✔
RESOLUTION
Consider approval of a Resolution adopting the Identity Theft Policy in accordance with the Fair and Accurate Credit
Transaction Act of 2003, and authorizing the Mayor to sign.
The Federal Trade Commission has issued new "Red Flag" rules that apply to municipalities with water and sewer utility
accounts that defer payment for services on a recurring basis. These new rules become effective on May 1, 2009 and
require the city of Coppell to have a written identity theft policy approved by our City Council.
Staff recommends approval.
$ID -1AR (Resolution)
Utility Billing Department
Identity Theft Prevention Program
Effective beginning May 1, 2009
Exhibit “A”
I. PROGRAM ADOPTION
The Utility Billing Department of Coppell, Texas ("Utility") developed this Identity Theft
Prevention Program ("Program") pursuant to the Federal Trade Commission's Red Flags Rule
(“Rule”), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003.
16 C. F. R. § 681.2. This Program was developed with oversight and approval of the City Council.
After consideration of the size and complexity of the Utility's operations and account systems, and
the nature and scope of the Utility's activities, and other covered accounts, the City Council
determined that this Program was appropriate for the City of Coppell, Texas, and therefore approved
this Program on April ____, 2009.
II. PROGRAM PURPOSE AND DEFINITIONS
A. Fulfilling requirements of the Red Flags Rule
Under the Rule, every financial institution and creditor is required to establish an “Identity
Theft Prevention Program” tailored to its size, complexity and the nature of its operation.
Accordingly, this program contains reasonable policies and procedures to:
1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red
Flags into the Program;
2. Detect Red Flags that have been incorporated into the Program;
3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity
Theft; and
4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the
safety and soundness of the creditor from Identity Theft.
B. Red Flags Rule definitions used in this Program
The Red Flags Rule defines “Identity Theft” as “fraud committed using the identifying
information of another person” and a “Red Flag” as a pattern, practice, or specific activity that
indicates the possible existence of Identity Theft.
According to the Rule, the Utility is a creditor subject to the Rule requirements. The Rule
defines “creditors” “to include finance companies, automobile dealers, mortgage brokers, utility
Identity Theft Prevention Program - Page 2 31619
companies, and telecommunications companies. Where non-profit and government entities defer
payment for goods or services, they, too, are to be considered creditors.”
All the Utility’s accounts that are individual utility service accounts held by customers of the
utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a
“covered account” is:
1. Any account the Utility offers or maintains primarily for personal, family or household
purposes, that involves multiple payments or transactions; and
2. Any other account the Utility offers or maintains for which there is a reasonably foreseeable
risk to customers or to the safety and soundness of the Utility from Identity Theft.
“Identifying information” is defined under the Rule as “any name or number that may be
used, alone or in conjunction with any other information, to identify a specific person,” including:
a. name;
b. Address;
c. telephone number;
d. social security number;
e. date of birth;
f. government issued driver’s license or identification number;
g. alien registration number;
h. government passport number;
i. employer or taxpayer identification number;
j. unique electronic identification number;
k. computer’s Internet Protocol address; or
l. routing code.
III. IDENTIFICATION OF RED FLAGS.
In order to identify relevant Red Flags, the Utility considers the types of accounts that it
offers and maintains, the methods it provides to open its accounts, the methods it provides to access
its accounts, and its previous experiences with Identity Theft. The Utility identifies the following
red flags, in each of the listed categories:
A. Notifications and Warnings From Credit Reporting Agencies
Red Flags
} Report of fraud accompanying a credit report;
} Notice or report from a credit agency of a credit freeze on a customer or applicant;
} Notice or report from a credit agency of an active duty alert for an applicant; and
} Indication from a credit report of activity that is inconsistent with a customer’s usual pattern
or activity.
Identity Theft Prevention Program - Page 3 31619
B. Suspicious Documents
Red Flags
} Identification document or card that appears to be forged, altered or inauthentic;
} Identification document or card on which a person’s photograph or physical description is
not consistent with the person presenting the document;
} Other document with information that is not consistent with existing customer information
(such as if a person’s signature on a check appears forged); and
} Application for service that appears to have been altered, forged and/or destroyed and
reassembled.
C. Suspicious Personal Identifying Information
Red Flags
} Identifying information presented that is inconsistent with other information the customer
provides (example: inconsistent birth dates);
} Identifying information presented that is inconsistent with other sources of information (for
instance, an address not matching an address on a credit report);
} Identifying information presented that is the same as information shown on other
applications that were found to be fraudulent;
} Identifying information presented that is consistent with fraudulent activity (such as an
invalid phone number or fictitious billing address);
} Social security number presented that is the same as one given by another customer;
} An address or phone number presented that is the same as that of another person;
} A person fails to provide complete personal identifying information on an application when
reminded to do so (however, by law social security numbers must not be required); and
} A person’s identifying information is not consistent with the information that is on file for
the customer.
D. Suspicious Account Activity or Unusual Use of Account
Red Flags
} Change of address for an account followed by a request to change the account holder's name;
} Payments stop on an otherwise consistently up-to-date account;
} Account used in a way that is not consistent with prior use (example: very high activity);
} Mail sent to the account holder is repeatedly returned as undeliverable;
} Notice to the Utility that a customer is not receiving mail sent by the Utility;
} Notice to the Utility that an account has unauthorized activity;
} Breach in the Utility's computer system security; and
} Unauthorized access to or use of customer account information.
Identity Theft Prevention Program - Page 4 31619
E. Alerts from Others
Red Flag
} Notice to the Utility from a customer, identity theft victim, law enforcement or other person
that it has opened or is maintaining a fraudulent account for a person engaged in Identity
Theft.
IV. DETECTING RED FLAGS.
A. New Accounts
In order to detect any of the Red Flags identified above associated with the opening of a new
account, Utility personnel will take the following steps to obtain and verify the identity of the
person opening the account:
Detect
1. Require identifying information such as name, date of birth, residential and/or business
address, principal place of business for an entity, driver's license or other identification;
2. Verify the customer's identity (for instance, review a driver's license or other identification
card);
3. Review documentation showing the existence of a business entity; and
4. Independently contact the customer.
B. Existing Accounts
In order to detect any of the Red Flags identified above for an existing account, Utility
personnel will take the following steps to monitor transactions with an account:
Detect
1. Verify the identification of customers if they request information (in person, via telephone,
via facsimile, via email);
2. Verify the validity of requests to change billing addresses; and
3. Verify changes in banking information given for billing and payment purposes.
V. PREVENTING AND MITIGATING IDENTITY THEFT
Identity Theft Prevention Program - Page 5 31619
In the event Utility personnel detect any identified Red Flags, such personnel shall take one
or more of the following steps, depending on the degree of risk posed by the Red Flag:
Prevent and Mitigate
1. Continue to monitor an account for evidence of Identity Theft;
2. Contact the customer;
3. Change any passwords or other security devices that permit access to accounts;
4. Not open a new account;
5. Close an existing account;
6. Reopen an account with a new number;
7. Notify the Program Administrator for determination of the appropriate step(s) to take;
8. Notify law enforcement; or
9. Determine that no response is warranted under the particular circumstances.
Protect customer identifying information
In order to further prevent the likelihood of identity theft occurring with respect to Utility
accounts, the Utility will take the following steps with respect to its internal operating procedures to
protect customer identifying information:
1. Ensure that its website is secure or provide clear notice that the website is not secure;
2. Ensure complete and secure destruction of paper documents and computer files containing
customer information;
3. Ensure that office computers are password protected and that computer screens lock after a
set period of time;
4. Keep offices clear of papers containing customer information;
5. Request only the last 4 digits of social security numbers (if any);
6. Ensure computer virus protection is up to date; and
7. Require and keep only the kinds of customer information that are necessary for utility
purposes.
VI. PROGRAM UPDATES
This Program will be periodically reviewed and updated to reflect changes in risks to
customers and the soundness of the Utility from Identity Theft. Annually, the Program
Administrator will consider the Utility's experiences with Identity Theft situation, changes in
Identity Theft methods, changes in Identity Theft detection and prevention methods, changes in
types of accounts the Utility maintains and changes in the Utility's business arrangements with other
entities. After considering these factors, the Program Administrator will determine whether changes
to the Program, including the listing of Red Flags, are warranted. If warranted, the Program
Administrator will update the Program or present the City Council with his or her recommended
Identity Theft Prevention Program - Page 6 31619
changes and the City Council will make a determination of whether to accept, modify or reject those
changes to the Program.
VII. PROGRAM ADMINISTRATION.
A. Oversight
Responsibility for developing, implementing and updating this Program lies with an Identity
Theft Committee for the Utility. The Committee is headed by a Program Administrator who may be
the head of the Utility or his or her appointee. Two or more other individuals appointed by the head
of the Utility or the Program Administrator comprise the remainder of the committee membership.
The Program Administrator will be responsible for the Program administration, for ensuring
appropriate training of Utility staff on the Program, for reviewing any staff reports regarding the
detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which
steps of prevention and mitigation should be taken in particular circumstances and considering
periodic changes to the Program.
B. Staff Training and Reports
Utility staff responsible for implementing the Program shall be trained either by or under the
direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be
taken when a Red Flag is detected.
C. Service Provider Arrangements
In the event the Utility engages a service provider to perform an activity in connection with
one or more accounts, the Utility will take the following steps to ensure the service provider
performs its activity in accordance with reasonable policies and procedures designed to detect,
prevent, and mitigate the risk of Identity Theft.
1. Require, by contract, that service providers have such policies and procedures in place;
2. Require, by contract, that service providers review the Utility's Program and report any Red
Flags to the Program Administrator; and
3. Require, by contract, that service providers notify the Program Administrator of any security
incidents, even if such incidents had not lead to any confirmed compromise of the Utilities
data.
D. Specific Program Elements and Confidentiality
For the effectiveness of Identity Theft prevention Programs, the Red Flag Rule envisions a
degree of confidentiality regarding the Utility’s specific practices relating to Identity Theft detection,
prevention and mitigation. Therefore, under this Program, knowledge of such specific practices are
to be limited to the Identity Theft Committee and those employees who need to know them for
Identity Theft Prevention Program - Page 7 31619
purposes of preventing Identity Theft. Because this Program is to be adopted by a public body and
thus publicly available, it would be counterproductive to list these specific practices here. Therefore,
only the Program’s general red flag detection, implementation and prevention practices are listed in
this document.
Identity Theft Prevention Program - Page 8 31619
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, ADOPTING THE
IDENTITY THEFT POLICY IN ACCORDANCE TO THE FAIR AND ACCURATE
CREDIT TRANSACTION ACT OF 2003; PROVIDING A SEVERABILITY CLAUSE AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, a recent amendment to the Fair and Accurate Credit Transactions Act of 2003
requires the development of an Identity Theft Prevention Program: and
WHEREAS, the new rules are scheduled to become effective May 1, 2009 and require
municipal utilities and other departments to implement an identity theft program; and
WHEREAS, this Resolution is being passed in full accordance with all requirements of
State law, including but not limited to the Open Meeting Act; and
WHEREAS, the City Council determines that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. All matters set forth herewith are found to be true and correct, are
incorporated herein by reference copied in their entirety, and are adopted by the City.
SECTION 2. The City hereby adopts the Policy attached to this Resolution as Exhibit
“A” and incorporated by reference herein to be the City’s Identity Theft Protection Policy.
SECTION 3. It is hereby declared to be the intention of the City, that sections,
paragraphs, clauses, and phrases of this Resolution are severable, and if any phrase, clause,
sentence or section of this Resolution shall be declared unconstitutional or illegal by the valid
judgment or decree of any court of competent jurisdiction , such unconstitutionality or illegality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
Resolution since the same would have been enacted by the City without the incorporation in this
Resolution of any such unconstitutional or illegal phrase, clause, sentence, paragraph or section.
1 68539
SECTION 4. This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ______ day of April, 2009.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
ROBERT E. HAGER, CITY ATTORNEY
2 68539
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Finance
April 28, 2009
12/F
✔
RESOLUTION
Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to zoning
fees; building inspection fees; Rolling Oaks Memorial Center and garbage collection fees and authorizing the Mayor
to sign.
Zoning and building inspection fees are being amended to include the refundable deposit that is required when a
sign must be posted on the property to indicate that changes are being considered. This deposit is refundable upon
the return of the sign.
The Rolling Oaks Memorial Center fee charge is associated with products or services such as but not limited to, urns,
memorials, installation fees. These fees will be assessed on an actual cost to the City basis and would be determined
by the Director of Parks and Recreation.
Garbage collection fees are being amended to reflect corrections associated with the new contract with Waste
Management.
Staff recommends approval.
$MasterFee-1AR Consent
1
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING
RESOLUTION NO. 010996.3, THE MASTER FEE SCHEDULE, AS
AMENDED, BY AMENDING THE ZONING FEES, IN PART; THE
BUILDING INSPECTIONS FEES, IN PART; THE ROLLING OAKS
MEMORIAL CENTER FEES, IN PART; THE GARBAGE COLLECTION
FEES, IN PART; AND PROVIDING A REPEALING CLAUSE AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, previously adopted
Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and
collected by the City, as authorized by the Code of Ordinances and other applicable codes,
ordinances, resolutions, and laws; and
WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set
forth therein and delete others as authorized by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Master Fee Schedule section entitled “Chapter 12, Coppell City
Code (Zoning)” be amended, in part, to read as follows:
13)
“….
14) Zoning Sign Deposit $200.00
….”
SECTION 2. That the Master Fee Schedule section entitled “Chapter 15, Coppell City
Code (Buildings)” be amended, in part, to read as follows:
13) f.
“….
14) Board of Adjustment Sign Deposit $200.00
….”
SECTION 3. That the Master Fee Schedule section entitled “Rolling Oaks Memorial
Center” be amended, in part, to read as follows:
2)
“….
2
3) Fees for certain products and services (memorials, urns, openings and closings,
foundation fees, inspection fees, installation fees) will be determined based on actual cost to
provide said products and services. The specific cost of said products and services are variable
cost that could fluctuate year over year. The determination of fees for these specific products
and services would be determined by the Director of Parks and Recreation.
…”
SECTION 4. That the Master Fee Schedule section entitled “Garbage Collection Fees”
be amended, in part to read as follows:
Garbage Collection Fees: (Effective January 1, 2009)
“…
1) Senior Citizen Residential Garbage Customer $14.07 per month
2) Commercial Garbage Collection Fees:
…
FREQUENCY 3 YD 4 YD 6 YD 8 YD
(Per week)
7 N/A N/A N/A $824.53
…
Commercial Hand Pickups
…
Dumpster Locks $8.16 per month
Dumpster Casters $9.54 per month
…
Additional Carts $3.00 per month for 1
$5.00 per month for 2
…”
SECTION 5. That all provisions of the resolutions of the City of Coppell, Texas, in
conflict with the provisions of this Resolution, except as noted herein, be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution
shall remain in full force and effect.
3
SECTION 6. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
Resolution as a whole, or any part or provision thereof other than the part so decided to be
unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole.
SECTION 7. That this Resolution shall become effective immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day
of ______________________, 2009.
APPROVED:
__________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
__________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
__________________________________
CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Human Resources
April 28, 2009
12/G
✔
CONTRACT/BID or PROPOSAL
Consider approval to extend the agreement with Direct Energy Business, LLC for an additional two year period for PSC
Services and Electricity and authorize the City Manager to sign.
See attached memo.
Staff recommends approval
&Energy Contract
MEMORANDUM
April 20, 2009
TO: Mayor & City Council
FROM: Clay Phillips, City Manager
SUBJECT: Extension of Direct Energy Electric Contract
As you most likely remember, we have had a contract for the provision of electricity to
city facilities for several years with Direct Energy. The current contract is set to expire at
the end of June this year. The current contract also provides the city with the ability to
extend the contract should we deem it economical and appropriate to do so.
Staff does believe it is in our best interest to extend the contract for a two year period.
Direct Energy is offering a contract extension at a much more favorable rate than is
included in the current agreement. We are currently paying $0.07998 per kilowatt hour.
The new contract price is $0.05623 per kilowatt hour. We will continue to purchase 50%
of our electric energy needs from green sources per the terms of the contract. The
extension of the agreement will also enable our staff to maintain the relationships that
have been built over the past.
This agenda item is being brought forward out of an abundance of caution. As previously
stated, the terms of the agreement allow for an extension. State law does not require
bidding this item as it is expressly exempted from the bid provisions of the Texas Local
Government Code 252.022(a)(15) according to our City Attorney. Even so, the eventual
dollar amount to be spent on electricity for the operations of our many facilities, street
lights, and other electric needs is of the magnitude that we feel Council should ratify.
Please feel free to call with any questions you may have..
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Fire/Emergency Mgmt
April 28, 2009
12/H
✔
CONTRACT/BID or PROPOSAL
Consider approval of entering into an agreement with DFW Communications, Inc. to purchase and install a
Bidirectional Amplifier in the warehouse district located near Beltline and Interstate 635 in the amount of $62,804.39;
and authorizing the City Manager to sign.
Approval of this request provides a RF (radio frequency) coverage solution in the designated warehouse district
located near Beltline and Interstate 635. The City of Coppell's Police and Fire Departments operate off of the
Lewisville 800MHz radio system and signal level testing has been determined to be below average or unusable in this
area. This proposal provides a 95% indoor coverage solution. Bidirectional amplifier systems are used to provide radio
system coverage within structures that do not allow penetration of the radio system signal. Buffer Zone Protection
Project Grant funding has been approved and will pay for the scope of the project thus improving critical
communication in the target area
Funds are to be provided by the Buffer Zone Protection Grant.
Staff recommends approval.
(DFW Communications Agreement - 1
(3) Compensation. The City agrees to pay the Contractor a not to excee? arnov~t
~f Siy.tydtw.o Thousand Eight Hundred. Tour Dollars and Thirty-
nine cents ($62,804.39) to perform the work described in
Exhibit A. CONTRACTOR agrees to complete the Work for said sum.
(4) Method of Pavment. Payments to CONTRACTOR shall be made in
accordance with the following schedule:
50% Upon Placement of Order
30% Upon Equipment Delivery
10% Upon Completion of installation
10% Upon Successful Completion of all Acceptance Testing
(5) Change Orders. ClTY may, from time to time require changes in the scope of
services of the CONTRACTOR to be performed hereunder. Such changes, which are
mutually agreed upon by and between ClTY and the CONTRACTOR, shall be in the
form of written change orders to this Agreement.
(6) Services and Materials to be Furnished bv CITY. ClTY shall furnish the
CONTRACTOR with all available information. data, and material CONTRACTOR
requests pertinent to this Agreement. ClTY shali cooperate with the CONTRACTOR in
carrying out the work herein and shall provide adequate staff for liaison with the
CONTRACTOR.
(7) Termination of Agreement.
(a) If, for any cause, the CONTRACTOR shall fail to fulfill in timely and proper
manner its obligation under this Agreement, ClTY shall thereupon have the right
to terminate this Agreement by giving written notice to the CONTRACTOR of
such termination and specifying the effective date thereof, at least five (5) days
before the effective date of such termination.
(b) ClTY has the right to terminate this Agreement for any reason upon 10
days' notice to CONTRACTOR.
(c) Upon termination pursuant to this Section, CONTRACTOR shall be
entitled to payment of such amount as shall compensate CONTRACTOR for the
Work satisfactorily performed from the time of the last payment date to the
termination date in accordance with this Agreement, provided the
CONTRACTOR shall have delivered to ClTY such equipment and other services
in accordance with the Work. ClTY shall not be required to reimburse
CONTRACTOR for any services performed or expenses incurred after the date
of the termination notice.
(8) Information or Reports. The CONTRACTOR shall, at such time and in form as
ClTY may require, furnish such periodic reports concerning the status of the project,
such statements, and copies of proposed and executed plans and other information
Page 2
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Finance
April 28, 2009
13
✔
ORDINANCE
Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No.
2008-1205, the budget for the Fiscal Year October 1, 2008 through September 30, 2009, and authorizing the Mayor to
sign.
The amendment is being brought forward to reflect encumbrance carryovers and changes experienced through the
first quarter of the fiscal year. The accompanying memo provides the detail of the amendment.
Staff recommends approval.
$ BudAmend - 1 AR
MEMORANDUM
Date: April 28, 2009
To: Mayor and Council
From: Jennifer Miller, Director of Finance
Via: Clay Phillips, City Manager
Subject: Budget Amendment - Fiscal Year 2008-09
This budget amendment is being brought forward to reflect encumbrance carryovers, items that have occurred
during the first part of the fiscal year and items that have been brought before Council.
General Fund
At this time the General Fund revenues are being decreased $155,563. This decrease is primarily from
four revenue sources. Electric Franchise and Municipal Court fines are being brought more in line with
last years collections. Building permits are being reduced $100,000 and interest earnings are down
$500,000. Various revenues are being increased slightly with a large portion of the offset being
associated with a Sales Tax Recovery of $415,000.
General Fund expenditures are being increased $2,718,524. $1,064,898 is associated with encumbrance
carryovers. In addition to the encumbrance carryover, Combined Services is being increased
$1,579,450. This is for the land purchase and the transfer to Debt Service associated with the
$26,500,000 bond issue. City Management is being increased for costs associated with the Deputy City
Manager search. Building Inspections required some additional funding for property clean-up. The
increase in Community Programs is for Keep Coppell Beautiful funding and the costs associated with a
recycling grant which will be shown as matching revenue.
Water and Sewer Fund
Revenues are being decreased $219,725 primary due to reduced interest earnings. Expenses are being
amended in Utility Operations and Utility Billing for encumbrance carryovers. Direct Cost of Sewer
Treated is being increased due to increased costs associated with the flow to TRA.
Police Special Revenue Fund
Revenues are being amended to reflect forfeitures that have been received. The expenditures are those
associated with the Buffer Zone Grant received by the Fire Department.
Park Special Revenue Fund
Revenues are being decreased to reflect the decreased interest earnings. Expenditures are being
amended for the Town Center Trail project.
Tree Preservation Fund
Revenues are being decreased for reduced interest earnings. Expenditures are for planting of trees.
Debt Service Fund
Revenues are being increased for the transfer in from General Fund. Expenditures are being increased
for the debt service on the 2008 Bond Issues ($26,500,000).
Infrastructure Maintenance Fund
Expenditures are for encumbrance carryovers and for the design contract with Teague, Nall Perkins
approved April 14, 2009 to begin projects funded by the ¼ cent sales tax for street maintenance.
Municipal Drainage District Fund
Expenditures are for encumbrance carryovers and for the cost of roof repairs at the Service Center
storage facility.
Historic Preservation
Revenues are being amended to reflect the decrease in interest earnings, while the expenditures were for
the Kirkland house and the moving of the Minyard building.
Donations – Special Revenue
The expenditures are being amended to reflect costs associated with the Library and the reduction of the
Keep Coppell Beautiful payment that is now in General Fund.
Recreational Programs
Expenditures are being amended for encumbrance carryovers.
Red Light Camera Fund
Expenditures are for the purchase of the radar units approved by Council on January 19, 2009.
C.E.D.C. Special Revenue
The revenues are being amended to reflect the Sales Tax Recovery received in January 2009.
Expenditures are for the payment to the consultant for assistance in the recovery.
Municipal Court Special Revenue
The expenditures are being increased for security upgrades and additions.
C.R.D.C. Special Revenue
The revenues are being amended for the Sales Tax Recovery. Expenditures are being amended for
encumbrance carryovers and the projects that have been approved by Council related to the Trail
System,
1) Trail System master plan,
2) trail amenities / park signage,
3) design of two sections of trail.
Municipal Court Technology Fund
Expenditures are being increased for computer equipment related to the Municipal Court.
ORDINANCE NO. _____________________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN
AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL
YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009; PROVIDING
THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN
ACCORDANCE WITH SAID BUDGET; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August,
2008, file with the City Secretary, a proposed general budget for the City covering the fiscal year
aforesaid, and
WHEREAS, the City Council of the City of Coppell approved said budget on the 9th day of
September, 2008, and
WHEREAS, the governing body of the City has this date considered an amendment to said
budget;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Section No. 2 of Ordinance No. 2008-1205, for the 2008-09 Fiscal Year
Budget, is hereby amended as follows:
General Fund Current Budget Amending Budget Change
Revenues $49,832,871 $49,677,308 $(155,563)
Expenditures
Combined Services 1,402,940 2,964,346 1,561,406
Mayor and Council 426,140 426,219 79
City Administration 829,111 850,864 21,753
Economic Development 191,198 193,200 2,002
Community Information 268,988 275,933 6,945
City Secretary 310,675 312,950 2,275
Engineering 1,031,348 1,100,472 69,124
Facilities 1,458,356 1,508,730 50,374
Streets 1,786,445 1,825,584 39,139
Fleet 1,202,645 1,207,910 5,865
Traffic Control 1,021,131 1,191,812 178,681
Fire 8,977,868 9,122,471 144,603
Emergency Management 128,437 171,295 42,858
Building Inspections 657,364 684,792 27,428
Finance 956,218 957,313 1,095
1
Human Resources 1,290,638 1,294,996 4,358
Purchasing 175,667 176,154 487
Municipal Court 1,249,765 1,250,981 1.216
Library 1,778,584 1,778,184 (400)
Police 7,400,150 7,417,543 17,393
Animal Services 389,529 406,837 17,308
Information Systems 1,567,693 1,920,236 352,543
Park & Rec. Admin. 1,302,080 1,315,553 13.473
Parks 1,278,815 1,347,450 68,635
Environmental Health 317,566 318,708 1,142
Senior Citizens 237,182 237,455 273
Recreation 1,883,539 1,888,158 4,619
Ballfield Maintenance 931,637 931,567 (70)
Tennis Court 230,924 231,722 798
Community Programs 354,512 437,634 83,122
Total Expenditures $2,718,524
Decrease in Designated Fund Balance (2,240,750)
Net Expenditure Increase 477,774
Net Decrease in Undesignated Fund Balance $ 633,337
Water/Sewer Fund Current Budget Amending Budget Change
Revenues $14,899,594 $16,679,869 $(219,725)
Expenses
Direct Cost of Sewer Treated 1,800,000 1,900,000 100,000
Utility Operations 1,896,435 1,917,064 20,629
Utility Billing 547,652 567,191 19,539
Net Decrease in Projected Retained Earnings $ 359,893
Police Spec. Rev. Fund Current Budget Amending Budget Change
Revenues $ 30,000 $215,411 $185,411
Expenditures 108,160 322,934 214,774
Net Decrease in Projected Fund Balance $ 29,363
Parks Special Revenue Current Budget Amending Budget Change
Revenues $15,000 $ 5,000 $(10,000)
Expenditures 0 78,000 78,000
Net Decrease in Projected Fund Balance $ 88,000
2
Tree Preservation Fund Current Budget Amending Budget Change
Revenues $10,000 $ 5,000 $ (5,000)
Expenditures 0 99,000 99,000
Net Decrease in Projected Fund Balance $104,000
Debt Service Fund Current Budget Amending Budget Change
Revenues $7,178,429 $8,338,113 $1,159,684
Expenditures 7,342,635 8,484,085 1,141,450
Net Increase Projected Fund Balance $ 18,234
Infrastructure Maint. Fund Current Budget Amending Budget Change
Expenditures $1,093,000 $1,511,149 $418,149
Net Decrease Projected Fund Balance $418,149
Municipal Drainage District Current Budget Amending Budget Change
Expenditures $120,709 $156,109 $35,400
Net Decrease in Projected Fund Balance $35,400
Historic Preservation Current Budget Amending Budget Change
Revenues $3,500 $ 2,000 $ (1,500)
Expenditures 0 183,000 183,000
Net Decrease in Projected Fund Balance $184,500
Donations-Special Revenue Current Budget Amending Budget Change
Expenditures $45,040 $29,040 $ (16,000)
Net Increase in Projected Fund Balance $ 16,000
Recreational Programs Current Budget Amending Budget Change
Expenditures $301,182 $307,246 $6,064
Net Decrease in Projected Fund Balance $6,064
3
Red Light Camera Current Budget Amending Budget Change
Expenditures $301,200 $404,995 $103,795
Net Decrease in Projected Fund Balance $103,795
C.E.D.C. Special Revenue Current Budget Amending Budget Change
Revenues $ 200,000 $ 407,715 $207,715
Expenditures 3,000,000 3,040,712 40,712
Net Increase in Projected Fund Balance $167,003
Municipal Court Spec. Rev. Current Budget Amending Budget Change
Expenditures $9,804 $32,854 $23,050
Net Decrease in Projected Fund Balance $23,050
CRDC Special Revenue Current Budget Amending Budget Change
Revenues $5,207,068 $5,414,783 $207,715
Expenditures 4,362,214 5,120,457 758,243
Net Decrease in Projected Fund Balance $550,528
Mun. Court Tech. Fund Current Budget Amending Budget Change
Expenditures $0 $3,300 $3,300
Net Decrease in Projected Fund Balance $3,300
4
SECTION 2. EFFECTIVE DATE.
That this ordinance shall become effective immediately from and after its passage as the law
and charter in such cases provide.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day
of April 2009.
APPROVED:
______________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_____________________________________
CITY ATTORNEY
5
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
April 28, 2009
14
✔
CONTRACT/BID or PROPOSAL
Consider approval to award Buy Board Quote to Gomez Floor Covering, Inc. in the amount of $79,653.49 for the
replacement of the gymnasium floor at the Coppell Aquatic and Recreation Center as budgeted, and authorize the
City Manager to sign and execute all necessary documents.
Approval of the award will provide a more satisfactory gym floor covering. A memo is attached providing details.
Funds have been budgeted in the General Fund Recreational department for repairs to the Aquatic/Rec Center.
(01-12-32-3110)
Staff recommends award of the contract to Gomez Floor Covering.
#Gym Floor Replacement
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Sheri Moino, CFM, Facilities Manager
DATE: April 28, 2009
RE: Consider approval to award Buy Board Quote to Gomez Floor Covering,
Inc. in the amount of $79,653.49 for the replacement of the gymnasium floor
at the Coppell Aquatic and Recreation Center as budgeted, and authorize the
City Manager to sign and execute all necessary documents.
The replacement of the gymnasium floor at the Aquatic Center is a budgeted item this
year. The attached Buy Board Quote #923048 to Gomez Floor Covering, Inc. in the
amount of $79,653.49 will replace the existing vinyl gym floor covering with an
Amerisport® and Training court floor product specifically designed for indoor sporting
activities. The replacement of this floor will take one week and will be scheduled during
the month of September to have the least impact on indoor gym activity schedules.
Staff recommends approval and will be present to answer any questions.
4/9/2009
Contact :
Phone #:
Fax #:
Project:
CATALOG PRICING
Quantity Unit Item Description Price Per Total
1075 YD 65.63$ 70,552.25$
13G BKTS 154.73$ 2,011.49$
9369 FT DEMO EXISTING VINYL 0.50$ 4,684.50$
1075 YD TRASH REMOVAL 0.75$ 806.25$
65 YD FLOOR PREP/ SCRAPE 15.00$ 975.00$
480 LNFT 1.30$ 624.00$
Total 79,653.49$
EXCLUSIONS
1) Overtime Labor, 2) Protection of Finished Floor Coverings,
3) Replacement of Floor Covering Damaged by Others,
4) Substrate affected by Moisture, 5) Bonding, 6) Major Floor Prep,
7) Leveling of Floors, 8) Waxing, Mopping &
Cleaning, 9) Vacuuming, 10) Storage,
QUOTE #: 923048
Sheri Moino
PHONE: 214-905-1901
1162 SECURITY DRIVE DALLAS, TEXAS 75247
FAX: 214-905-1904
Aquatic Center Gymnasium
CONTRACT # 310-08 VENDOR CONTRACT# 465
CUSTOMER: City of Coppell
972-462-5199
972-462-5152
4" RUBBER COVE BASE-
COLOR TBD
FURNISH AND INSTALL
AMERISPORT 7.7MM
SPORTS COURT FLOORING
VINYL BOND ADHESIVE
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
April 28, 2009
15
✔
CONTRACT/BID or PROPOSAL
Consider approval of an agreement between the State of Texas and the City of Coppell in the amount of $552,466.80,
plus any cost overruns, for the acquisition of Right-of-Way associated with State Highway 121 from the Tarrant/Dallas
County line northeasterly to Denton Creek and authorizing the Mayor to sign.
Approval of this agreement will obligate the City of Coppell to participate in an amount of ten percent of the total
Right-of-Way cost necessary for the completion of SH 121 and allow the state of Texas to begin the process of
acquiring Right-of-Way so SH 121 can be completed from the Tarrant/Dallas County line northeasterly to Denton
Creek.
Funds are to be provided by General Fund Undesignated Fund Balance for this agreement.
Staff recommends approval of the agreement.
#SH 121 ROW Contribution
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: April 28, 2009
REF: Consider approval of an agreement between the State of Texas and the City
of Coppell in the amount of $552,466.80, plus any cost overruns, for the
acquisition of Right-of-Way associated with State Highway 121 from the
Tarrant/Dallas County line northeasterly to Denton Creek and authorizing
the Mayor to sign.
There have been several conversations between representatives of TxDOT and the City of
Coppell concerning financial participation by the City of Coppell in the acquisition of Right-of-
Way necessary to complete the construction of State Highway 121. The section of State
Highway 121 that recently opened is actually the future south bound lanes of State Highway 121.
The project that this agreement refers to would be for the necessary Right-of-Way to complete
the future north bound lanes of State Highway 121. Once completed, there will be five south
bound lanes and five north bound lanes for State Highway 121.
Texas Administrative Code, Title 43, Part 1, Chapter 15, Subchapter E, Rule § 15.55 states that
for projects on the State Highway System, the local government is required to participate in the
amount of 10% for Right-of-Way. (See attached Appendix A table) It should be noted that the
city is not required to participate in any of the preliminary or final engineering cost or
construction cost of the project, only in 10% of the estimated Right-of-Way cost.
Upon urging from the City of Coppell, TxDOT has already performed detailed appraisals on the
thirteen parcels of Right-of-Way. Based on the appraisals, TxDOT estimates that the cost per
square foot of land will be approximately $8.35. It is conceivable that during the actual
negotiations there may be adjustments in the price paid for Right-of-Way or there might actually
be a need to acquire Right-of-Way through the process of eminent domain. If those situations
happen, the City of Coppell would be required to pay an additional 10% of any increase in cost
for the acquisition of the Right-of-Way. I have spoken with representatives of the City of
Grapevine and they anticipate going to their council the first week of May for approval of their
10% participation for Right-of-Way acquisition.
It’s estimated that the total cost of Right-of-Way in Coppell and Grapevine will be about 13.75
million dollars. The portion just in Coppell is estimated to be 7.25 million dollars of which 10%
would be $725,000. However, Dallas County is participating in an amount of $172,533.20
which brings our required contribution to $552,466.80. The City of Grapevine will be paying
approximately $495,000 and Dallas County will contribute approximately $155,000 to assist the
City of Grapevine in acquisition of Right-of-Way that lies within Dallas County.
To ensure that this project stays on schedule, it is necessary to move ahead with this agreement
so that the Right-of-Way acquisition process can begin. Staff recommends approval of the
agreement to participate with TxDOT in the amount of $552,466.80, plus any cost overruns, for
the acquisition of Right-of-Way associated with State Highway 121 and will be available to
answer any questions at the council meeting.
Proposed
State Highway 121
Right of Way
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\SH121 ROW
Created on: 06 April 2009 by Scott Latta
1 INCH = 1 MILE
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TITLE 43 TRANSPORTATION
PART 1 TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 15 TRANSPORTATION PLANNING AND
PROGRAMMING
SUBCHAPTER E FEDERAL, STATE, AND LOCAL PARTICIPATION
RULE §15.55 Construction Cost Participation
(a) Required cost participation. The commission may require, request, or accept from a
local government matching or other funds, rights-of-way, utility adjustments, additional
participation, planning, documents, or any other local incentives.
(b) Economically disadvantaged counties. In evaluating a proposal for a highway
improvement project with a local government that consists of all or a portion of an
economically disadvantaged county, the executive director shall, for those projects in
which the commission is authorized by law to provide state cost participation, adjust the
minimum local matching funds requirement after receipt of a request for adjustment
under paragraph (3) of this subsection.
(1) Commission certification. The commission will certify a county as an economically
disadvantaged county on an annual basis as soon as possible after the comptroller reports
on the economic indicators listed under §15.51(7) of this subchapter (relating to
Definitions).
(2) Local match adjustment. In determining the adjustment to the local matching funds
requirement, and a local government's effort and ability to meet the requirement, the
commission will consider a local government's:
(A) population level;
(B) bonded indebtedness;
(C) tax base;
(D) tax rate;
(E) extent of in-kind resources available; and
(F) economic development sales tax.
(3) Request for adjustment. The city council, county commissioners court, district
board, or similar governing body of a local government that represents all or a portion of
an economically disadvantaged county, shall submit a request for adjustment to the local
district office of the department. The request will include, at a minimum:
(A) the proposed project scope;
(B) the estimated total project cost;
(C) a breakdown of the anticipated total cost by category (e.g., right-of-way, utility
adjustment, plan preparation, construction);
(D) the proposed participation rate;
(E) the nature of any in-kind resources to be provided by the local government;
(F) the rationale for adjusting the minimum local matching funds requirement; and
(G) any other information considered necessary to support a request.
(4) Timing of determination. The executive director will determine whether to make an
adjustment at the time the local government submits a proposal for a highway
improvement project.
(5) Definition. For purposes of this subsection, "executive director" means the executive
director or his or her designee, not below the level of district engineer or division or
office director.
(c) Participation ratios. The following Appendix A to this section establishes federal,
state, and local cost participation ratios for highway improvement projects, subject
to the availability of funds to the department.
Attached Graphic
(d) Off-state highway system bridge program.
(1) Definitions. The following words and terms, when used in this subsection, shall have
the following meanings, unless the context clearly indicates otherwise.
(A) Bridge--For an equivalent-match project, a bridge or other mainlane cross-drainage
structure, including low water crossings (with or without conduit).
(B) Deficient bridge--A bridge having a structural load capacity or other safety
condition that is inadequate.
(C) District engineer--The chief executive officer in each designated district office of
the department.
(D) Equivalent-match project--A project in which the local government will improve
the structural load capacity or other safety condition of off-state system bridges utilizing
100% local funds.
(E) Participation-waived project--An off-state system bridge project in which the state
agrees to pay for local participation for eligible preliminary engineering, construction,
and construction engineering costs as shown in subsection (c) of this section. This project
must be authorized for development only, or for development and construction, on the
department's approved Unified Transportation Program, satisfy minimum standards
established by the department for off-state system bridges, and meet the additional
requirements of this subsection.
(F) Safety work--Work performed as part of an equivalent-match project that improves
the safety of the project. This work may include, but is not limited to, providing improved
structural load capacity, improved hydraulic capacity, increased roadway width, adequate
bridge rail, and adequate approach guardrail.
(2) Waiver. The district engineer may waive the requirement for a local government to
provide the original 10% estimate of direct costs for preliminary engineering,
construction engineering, and construction funds on the participation-waived project(s) if
the local governmental body commits by written resolution or ordinance, as described in
paragraph (4) of this subsection, to spend an equivalent amount of funds for structural
improvement or other safety work on another bridge or bridges on the equivalent-match
project(s) within its jurisdiction or the jurisdiction of a geographically adjacent or
overlapping governmental unit. An equivalent amount includes, but is not limited to,
expenditures for direct or indirect costs for structural improvement or other safety work
on bridge(s) in the equivalent-match project(s). Work on one or more equivalent-match
projects may be credited to one or more participation-waived projects.
(3) Eligibility. A local government is eligible for a waiver if:
(A) the construction contract for the participation-waived project has not been
awarded;
(B) work on the equivalent-match project has not begun prior to approval of the waiver
(approval of the waiver does not guarantee that the participation-waived project
agreement will be executed);
(C) the local government is in compliance with load posting and closure regulations as
defined in the National Bridge Inspection Standards under 23 C.F.R. §650.303;
(D) the bridge on the proposed equivalent-match project(s) is a deficient bridge, or a
bridge that is weight restricted for school buses; and
(E) the equivalent-match project increases the structural load capacity of the existing
bridge, replaces the bridge with a new bridge, or otherwise increases safety, with a
minimum upgrade to safely carry expected school bus loading.
(4) Request for waiver. To request a waiver, a local government must provide a written
request to the district engineer that includes the location(s), description of structural
improvement or other safety work proposed, estimated cost for the equivalent-match
project(s), and a copy of the local governmental body's resolution or ordinance. The
resolution or ordinance must acknowledge assumption of all responsibilities for
engineering and construction and complying with all applicable state and federal
environmental regulations and permitting requirements for the bridge(s) on the
equivalent-match project(s).
(5) Considerations. In approving a request for waiver, the district engineer will consider:
(A) the type of work proposed for the equivalent-match project(s);
(B) regional transportation needs; and
(C) past performance under this subsection.
(6) Approval. The district engineer will submit a letter to the local government
indicating the district engineer's approval or disapproval of the waiver. If disapproved,
the letter will state the reasons for disapproval. If the waiver is approved, the letter will
state that the local government, for the equivalent-match project(s) will assume:
(A) all costs of the work;
(B) responsibility for complying with all applicable state and federal environmental
regulations and permitting requirements; and
(C) responsibility for the engineering and construction necessary for completion of the
work.
(7) Agreement and conditions.
(A) If the district engineer approves the waiver, the local government and the
department will enter into an agreement for the participation-waived project as specified
in §15.52 of this subchapter. One or more participation-waived project agreements can
utilize one or more common or independent equivalent-match projects if the total
equivalent-match project amount equals or exceeds the total remaining local participation
amount being waived at the time the agreement is executed, and the common agreements
are adequately cross-referenced. Previously executed agreements may be amended to
incorporate these participation waiver provisions, or to utilize an additional equivalent-
match project(s) for any outstanding amount not previously waived, provided the
construction contract for the participation-waived project has not been awarded and the
equivalent-match work has not begun.
(B) Local governments will be allowed a maximum of three years after the contract
award of the participation-waived project(s) to complete structural or other safety
improvements on the equivalent-match project(s). If more than one participation-waived
project utilizes a common equivalent-match project, the time period allowed for
completion of the equivalent-match project(s) will begin when the first of the
participation-waived projects is awarded. The district engineer may specify a period less
than three years for completion of equivalent-match projects if project specific conditions
warrant. If specified, the shorter allowable work period must be explicitly stated in the
agreement(s). No later than 30 days after completion, documentation of completion of the
equivalent-match project(s) requirement will be provided by letter to the district engineer.
If the local government fails to adequately complete the equivalent-match project(s), it
will be excluded from future waivers under this subsection for a minimum of five years.
The district engineer may grant an extension to the three-year completion requirement if
a contract for the equivalent-match project(s) has been executed within that three years
and the contract timeline for completion is reasonable. In the absence of information
suggesting that a shorter or longer period is appropriate, two years or less will be
presumed to be a reasonable time, for a maximum of five years to complete the
equivalent-match project(s) following award of the programmed bridge. The granting of
an extension to the three-year time limit must be done in writing in response to a written
request to the district engineer from the local government. The extension approval must
specify a new required completion date.
(C) With the approval of the district engineer, an equivalent-match project(s) may be
substituted by subsequent amendment to the participation-waived project agreement(s). A
substitution may be allowed for unforeseen circumstances, including but not limited to,
an equivalent-match project that is selected for replacement under some other program of
work. Work on the substituted equivalent-match project(s) must be completed within a
maximum of three years after the award of the construction contract for the original
participation-waived project.
(D) The local government is responsible for all of the direct cost of any participation-
waived project cost item or portion of a cost item that is not eligible for federal
participation under the Federal Highway Bridge Replacement and Rehabilitation Program
under 23 U.S.C. §144 and 23 C.F.R. §650 Subpart D. The local government is also
responsible for any costs resulting from changes made at the request of the local
government.
(E) The local government will be responsible for 100% of right of way and utilities for
the participation-waived project.
(F) A local government located in an economically disadvantaged county that receives
an adjustment under subsection (b) of this section may participate in the provisions of this
subsection in the amount of its reduced matching funds requirement.
(G) The department will not reimburse funds already received by the department under
the terms of existing agreements. Funds already received for a specific project(s) may be
credited against the local government's required participation for the subsequent
participation-waived project agreement(s) for that same project(s).
(H) Any equivalent-match project(s) cost that is in excess of the local government's
required participation for a specific participation-waived project agreement(s) cannot be
credited for use on a future participation-waived project(s).
(I) Each equivalent-match project(s) must be specifically identified in the participation-
waived project agreement(s) at the time of execution.
(J) The local government must pay its funding share of the estimated participation-
waived project cost, as provided in §15.52(6)(A) of this subchapter, for any local
participation balance that is remaining at the time the project agreement(s) is executed.
This balance would include any remaining required local participation amount in excess
of the amount waived as a result of credit for equivalent-match work to be performed as
part of the agreement.
Source Note: The provisions of this §15.55 adopted to be effective September 26, 1996,
21 TexReg 8957; amended to be effective January 1, 1998, 22 TexReg 12090; amended
to be effective January 1, 1998, 22 TexReg 12090; amended to be effective February 21,
1999, 24 TexReg 1194; amended to be effective August 20, 2000, 25 TexReg 7781;
amended to be effective November 14, 2001, 26 TexReg 9227; amended to be effective
September 19, 2002, 27 TexReg 8776; amended to be effective January 9, 2005, 29
TexReg 12241; amended to be effective January 5, 2006, 30 TexReg 8995
[Appendix A] Figure: 43 TAC §15.55(c) Condition Preliminary Engineering Construction Engineering and Construction Funds Right of Way or Eligible Utilities• Project is on the Interstate Highway System 100% State -or- 90% Federal 10% State -or- 80% Federal 20% State 100% State -or- 90% Federal 10% State -or- 80% Federal 20% State 100% State -or- 90% Federal 10% State -or- 80% Federal 20% State • Project is on the State Highway System (except Farm to Market System, Urban Road System, Principal Arterial Street Program (PASS) or Phase 1 Trunk System Corridor) 100% State -or- 80% Federal 20% State 100% State -or- 80% Federal 20% State 90% State 10% Local -or- 80% Federal 10% State 10% Local
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Form ROW RM J29
Replaces Form ROW RM 129 and ROW RM 130
Rev 6 2006
GSD EPC
Page J of2
AGREEMENT TO CONTRIBUTE FUNDS LOCAL GOVERNMENT
County DaIlas
District DaIlas
Federal Project No
Highway SH 121
ROW CSJ No 0364 02 020
CONST CSJ No 0364 02 017
This Agreement by and between the State of Texas acting by and through the Texas Department of
Transportation hereinafter caIled the State the City of Coppell Texas acting by and through its dulyauthorizedofficialspursuanttoanOrdinancedatedthedayofhereinaftercaIledtheLocal
Government and the County of Dallas acting by and through its duly authorized officials pursuant to an Order
dated the day of 20 shall be effective on the date of approval and execution by and
on behalf of the State
WHEREAS the State and the Local Government hereby agree to enter into a contractual agreement to acquire
right of way and adjust utilities for a highway project on Highway No SH 21 with the foIl owing project limits
From Tarrant County Line
To Denton County Line near Denton Creek DaIlas County portion only and
WHEREAS the Local Government requests that the State assume responsibility for acquisition of all
necessary right of way and adjustment of utilities for said highway project and
WHEREAS the Local Government desires to voluntarily contribute to the State funding participation as
defined in 43 T AC S 15 55 for the cost of acquiring said right of way and relocating or adjusting utilities for the
proper improvement of the State Highway System
WHEREAS the Local Government requests that DaIlas County provide assistance in funding its share of the
cost of acquiring said right of way and relocating or adjusting utilities
WHEREAS the County of Dallas desires to voluntarily contribute to the State a portion of the final balance
payment of its SH 121 Transportation Bond Program Funds in the amount of 107 804 26 and a portion of the
final balance payment of its 1977 Transportation Bond Program Funds in the amount of 64 728 94 for the
benefi t of the Local Government s funding participation for said highway project
NOW THEREFORE in consideration of the foregoing premises and the mutual benefits to be derived
therefrom the Local Government shaIl contribute to the State an amount equal to ten percent 10 of the cost
of the right of way to be acquired by the State and shaIl transmit to the State with the return of this agreement
duly executed by the Local Government a warrant or check in the amount of 552 466 80 which together with
the Dallas County contribution of 172 53320 represents ten percent 10 of 7 250 000 00 the estimated
total cost of the right ofway If however it is found that this amount is insufficient to pay the Local
Government s obligation then the Local Government wiIl within thirty 30 days after receipt of a written
request from the State for additional funds transmit to the State such supplemental amount as is requested The
cost of providing such right of way acquired by the State shaIl mean the total value of compensation paid either
through negotiations or eminent domain proceedings to the owners for their property interests plus costs related
to the relocation removal or adjustment of eligible utilities
Whenever funds are paid by the Local Government to the State under this agreement the Local Government
shall remit a warrant or check made payable to the Texas Department of Transportation Trust Fund The
Form ROW RM 129
Rev 6 2006
Page 2 of 2
warrant or check shall be deposited by the State in an escrow account to be managed by the State Funds in the
escrow account may only be applied to this highway project Upon completion of the highway project and in the
event the total amount as paid by the Local Government is more than ten percent 10 of the actual cost ofthe
right of way any excess amount will be returned to the Local Government by the State or upon written requestoftheLocalGovernmenttheexcessamountmaybeappliedtootherStatehighwayprojectsinwhichtheLocal
Government is participating
In the event any existing future or proposed Local Government ordinance commissioners court order rule
policy or other directive including but not limited to outdoor advertising or storm water drainage facilityrequirementsismorerestrictivethanStateorfederalregulationsoranyotherlocallyproposedchangeincludingbutnotlimitedtoplatsorreplatsresultsinanyincreasedcoststotheStatethentheLocal
Government will pay one hundred percent 100 of all such increased costs even if the applicable county
qualifies as an economically disadvantaged county The amount of the increased costs associated with the
existing future or proposed Local Government ordinance commissioners court order rule policy or other
directive will be determined by the State at its sole discretion
The Local Government shall maintain all books papers accounting records and other documentation relating to
costs incurred under this agreement and shall make such materials available to the State and if federally funded
the Federal Highway Administration FHWA or their duly authorized representatives for review and inspection
at its office during the contract period and for four 4 years from the date of completion of work defined under
this agreement or until any impending litigation or claims are resolved Additionally the State and FHW A and
their duly authorized representatives shall have access to all the governmental records that are directly applicable
to this agreement for the purpose of making audits examinations excerpts and transcriptions The State auditor
may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement
or indirectly through a subcontract under this agreement Acceptance of funds directly under this agreement or
indirectly through a subcontract under this agreement acts as acceptance of the authority of the State auditor
under the direction of the legislative audit committee to conduct an audit or investigation in connection with
those funds An entity that is the subject of an audit or investigation must provide the state auditor with access to
any information the state auditor considers relevant to the investigation or audit
CITY OF COPPELL EXECUTION RECOMMENDED
By
Douglas N tover Mayor
By
District Engineer Dallas District
APPROVED AS TO FORM Date
THE STATE OF TEXAS
Office of the City Attorney
Executed and approved for the Texas Transportation
Conunission for the purpose and effect of activating
andor carrying out the orders established policies or
work programs heretofore approved and authorized by the
Texas Transportation Conunission
DALLAS COUNTY
By
JIM FOSTER
County Judge
By
John P Campbell P E
Right of Way Division Director
Date
Date
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
April 14, 2009
16
✔✔
ORDINANCE
An Ordinance Amending The Code Of Ordinances Of The City Of Coppell, Repealing Article 9-26, “Oil And Gas Drilling
And Production,” In Its Entirety, And Replacing With A New Article 9-26, “Oil And Gas Drilling And Production,”
Regulating The Drilling And Production Of Oil And Gas Wells; and authorizing the Mayor to Sign.
On January 9, 2007 City Council adopted Ordinance No. 2007-1150 regulating gas drilling within the city limits of
Coppell. Per discussions at Council Work Sessions on January 27th, February 10th and 24th and March 10 staff is
recommending amendments to the existing Ordinance including; setbacks, notification requirements, screening
requirements and timing and various environmental regulations, including noise management plan. Attached is a
summary of the revisions, a red-lined version detailing each revision as well as the proposed ordinance.
Staff is recommending APPROVAL of repealing and replacing Section
9-26 Oil and Gas Drilling of the Code of Ordinances.
@Drilling Ord. Amend. 1-AR
Page 1 of 1
DATE: April 28, 2009
TO: Mayor and City Council
FROM: Marcie Diamond, Assistant Director of Planning
RE: Proposed Amendments to Article 9-26 OIL AND GAS
DRILLING
Per discussions at various workshops over the last several months,
attached are:
A revised buffer map which indicates the 500 foot buffer from
residential (which includes protected uses – schools, parks, and
public buildings, etc), 300 foot buffer from non-residential and
75' buffer from existing and proposed streets.
A buffer map indicating the 1,000 buffer from all
structures, with 75 foot buffer from streets.
A Summary of the proposed revisions.
A red-lined version of Article 9-26 indicating all revisions
A Final Draft of Article 9-26.
Summary of the summary of revisions being considered
Well Setbacks - Wells NOT permitted:
1. Within one hundred (100) feet from any outer boundary line; or
(increased from 25 feet)
2. Within five hundred (500) feet from any storage tank, or source of ignition;
(increased from 25 feet) or
3. Within seventy five (75) feet of any public street, road, highway or future
street, right-of-way or property line; (no change) or
4. Within one thousand (1,000) (increased from 800 feet) from any habitable
structure (not used in operations on the drilling site), including, but not
limited to residence, religious institution, public building, hospital, school,
public park, or any business, unless variance approved by Council.
Council may reduce this distance to not less than three 300 feet from
commercial and 500 hundred feet from residential and religious
institution, public building, hospital, school, public park uses.
5. Within three hundred (300)feet (increased from 200 feet) to any fresh
water wells, and five hundred (500) feet from creeks.
Notification and Public Hearing – w/in 1,000 feet from perimeter of pad site for all
applications requiring setback variances.
Noise:
Noise management plan required which shall regulate/demonstrate that the
noise levels will not exceed the:
a. Ambient Noise Level by more than five (5) decibels during daytime hours and
more than three (3) decibels during nighttime hours;
b. Ambient Noise Level by more than 10 decibels during fracturing operations
during daytime hours. No fracturing shall be allowed during nighttime hours
except as provided in c. below.
c. Ambient Noise Level by more than three (3) decibels during flowback
operations or any other ancillary fracturing operations during nighttime hours;
…….
(Significantly expanded from 78db(a) for drilling/fracturing and 65 db(a) for other
activities)
Screening:
A screening wall, a minimum of eight (8) feet, but not to exceed ten (10) feet,
shall enclose all completed wells, tanks and compressors within 30 days of the
first well goes into production,(added time frame) and shall be constructed of
the following materials: (a) Brick and/or stone; (b) Pre-cast concrete wall ONLY
when architecturally compatible with existing tilt wall constructed
industrial/warehouse buildings within close proximity.
(Deleted: berming/landscaping chain link as alternatives to solid fencing.
Environmental Regulations: Vapor Recovery for Storage Tanks. Reduced Emission
Completion (Green Completion) Surface Reclamation Plan In addition to
existing regulations on Dust, Vibration, Odors, Storage Tanks, Surface Casing,
Valves, Discharge, Waste Disposal, etc.
Draft 03/1920/09 (21)
AS TM 12512.2.00CDB.REV
ORDINANCE NUMBER _________
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF COPPELL, AMENDING REPEALING ARTICLE 9-26, “OIL
AND GAS DRILLING AND PRODUCTION,” IN ITS ENTIRETY, AND
REPLACING WITH A NEW ARTICLE 9-26, “OIL AND GAS DRILLING
AND PRODUCTION,” REGULATING THE DRILLING AND
PRODUCTION OF OIL AND GAS WELLS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR INSPECTOR/TECHNICAL
ADVISOR; PROVIDING FOR OPERATOR’S AGENT; PROVIDING FOR
OIL OR GAS WELL PERMIT REQUIREMENTS; PROVIDING FOR
PERMIT APPLICATION AND FILING FEES; PROVIDING FOR
PERMIT PROCESS; PROVIDING FOR SETBACKS,; PROVIDING FOR
SCREENING, FOR OIL OR GAS WELL FACILITIES; PROVIDING FOR
LANDSCAPING,; PROVIDING FOR VEHICLE ROUTES; PROVIDING
FOR WORK HOURS,; PROVIDING FOR NOISE RESTRICTIONS;
PROVIDING FOR TANK SPECIFICATIONS; PROVIDING FOR THE
CONVEYANCE OF FUEL, WATER, OIL, GAS OR PETROLEUM;,
PROVIDING FOR THE ISSUANCE OF OIL OR GAS WELL PERMITS;
PROVIDING FOR AMENDED OIL OR GAS WELL PERMITS;
PROVIDING FOR SUSPENSION OR REVOCATION OF OIL OR GAS
WELL PERMITS; PROVIDING FOR PERIODIC REPORTS;
PROVIDING FOR BONDS, LETTERS OF CREDIT, INDEMNITY,
INSURANCE; PROVIDING BOND REQUIREMENTS AND TERMS;
PROVIDING FOR TECHNICAL REGULATIONS; PROVIDING FOR
CLEAN UP AND MAINTENANCE; PROVIDING FOR PLUGGED AND
ABANDONED WELLS; PROVIDING FOR APPEALS; PROVIDING FOR
CIVIL REMEDIES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2000) FOR EACH AND EVERY OFFENSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there has been increased interest in oil and gas drilling and production
within the city of Coppell;
WHEREAS, On January 9, 2007 City Council adopted Ordinance No. 2007-1150
regulating gas drilling within the city limits of Coppell. ;
WHEREAS, the City Council finds that the drilling and production of oil and gas within
the city limits without comprehensive regulations could affect the health, safety and welfare of
its citizens;
TM 12512.2.00.AS/CDB.REV
2
WHEREAS, the City Council deems it necessary to revise the existing comprehensive
regulations for the drilling and production of oil and gas within the city limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. The Code of Ordinances of Coppell, Texas, is hereby amended by
amendingrepealing Article 9-26 entitled “Oil and Gas,” in its entirety, and replace the same with
a new Article 9-26, “Oil and Gas,” which reads as follows:
“ARTICLE 9-26. OIL AND GAS DRILLING
Sec. 9-26-1. Purpose.
The exploration, development and production of oil and 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, and to
prevent destruction of property and protect watersheds within the City. 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 oil and gas and other substances produced in association
with oil and 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. 9-26-2. Definitions.
All technical industry words or phrases related to the drilling and production of oil and
gas wells not specifically defined in this Ordinance shall have the meanings customarily
attributable thereto by prudent and reasonable oil and gas industry operators, the Texas Railroad
Commission, the Texas Commission for Environmental Quality (TCEQ) and the Environmental
Projection Agency (EPA). The following words, terms and phrases, when used in this Ordinance,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Abandonment means “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 means 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.
TM 12512.2.00.AS/CDB.REV
3
Blanket Permit means a permit approved and issued for multiple wells/drill pads located
on the same tract of land.
Blowout preventer means 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 means 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.”
Containment means controlling the unplanned or accidental spillage or flow of any
substance capable of causing pollution, including but not limited to smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids or gases, drilling fluids including muds, or other irritants.
Cathodic protection means an electrochemical corrosion control technique accomplished
by applying a direct current to the structure that causes the structure potential to change from
the corrosion potential to a protective potential in the immunity region. The required cathodic
protection current is supplied by sacrificial anode materials or by an impressed current system.
City means the City of Coppell and/or any of its authorized agents, employees or
representatives, including but not limited to inspectors, consultants or other city inspectors.
City Attorney means the City Attorney of the city of Coppell.
City Code means the Code of Ordinances of the City of Coppell.
City Attorney means the City Attorney of the city of Coppell.
City Council means the governing body of the City of Coppell as constituted under its
Home Rule Charter.
City Regulated Pipelines means those pipelines within the City that under federal and
state rules and regulations are not exempt from City regulations and ordinances regarding
mapping, inventorying, locating or relocating of pipelines for the collection, distribution, or
transmission of oil or gas.
Closed Loop Drilling system is a system of drilling whereby natural materials (earth) is
pumped up from the bore hole and are captured in legally required containment equipment and
hauled off to environmentally approved disposal sites.
Commission means the Texas Railroad Commission.
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Completion of drilling, re-drilling and re-working means the date the work is completed
for the drilling, re-drilling or re-working and the first gas is flowing,
Containment means controlling the unplanned or accidental spillage or flow of any
substance capable of causing pollution, including but not limited to smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids or gases, drilling fluids including muds, or other irritants.
Decibel (db) means a unit for measuring the intensity of a sound/noise and is equal to 10
times the logarithm to the base 10 of the ratio of the measured sound pressure squared to a
reference pressure which is 20 micropascals.
Demobilization means those activities when the drilling has ceased and is completed and
the rig equipment and related pad site equipment is being dismantled for the purpose of moving
off the drill pad siteor relocating.
Derrick means 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 oil and gas.
Drilling means digging or boring a new well for the purpose of exploring for, developing
or producing oil, gas or other hydrocarbons, or for the purpose of injecting gas, water or any
other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned
well. Drilling does not mean or include the re-entry of a well that has not been abandoned.
Drilling equipment means 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 means the premises used during the drilling or re-working of a well or wells
located there and subsequent life of a well or wells or any associated operation.
Exploration means geologic or geophysical activities, including seismic surveys, related
to the search for oil, gas or other subsurface hydrocarbons.
Fire Department means the Fire Department of the city of Coppell.
Flowback means the process of flowing a completed/fractured well for the purpose of
recovering water and residual sand from the gas stream prior to sending gas down a sales line.
Fracing is the term describing how the gas is freed from the shale rock. It is done by
forcing sand and water down into the well hole under great pressure, thus fracturing the shale
which permits the gas to escape from the rock.
Freshwater Fracture Pit means a pit used for the collection and storage of fresh water for
the purpose of fracture stimulation of gas wells
TM 12512.2.00.AS/CDB.REV
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Fresh Water means water obtained from any source (natural or reuse) that contains 3000
ppm chlorides of less or as defined by the Texas Railroad Commission.
Gas means 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 and/or as defined by the Railroad Commission. Oil
and gas well means any well drilled, to be drilled, or used for the intended or actual production
of oil or natural gas, or classified as a gas well in the Texas Natural Resources Code and
regulated by the Texas Railroad Commission.
Inspector means the Oil and Gas Inspector/Technical Advisor designated by the City
Manager of Coppell.
Habitable Structures means any building or structure used, or intended for use, on a day-
to-day basis by people for residential purposes, or for purposes of conducting a commercial or
industrial business, or for purposes of a similar nature,,including but not limited to religious
institution, public building, hospital, school, or public park. This definition includes .any
structure for which a certificate of occupancy is required.
Inspector means the Oil and Gas Inspector/Technical Advisor designated by the City
Manager of Coppell.
Multiple Well Site Permit means that permit required when there is an application
submitted for the placement of more than one well on a pad site or an application to place
additional wells on an existing pad site where a single well exists.
Non-Residential Uses are uses other than residential as herein defined.
Open Loop Drilling System is a system of drilling whereby earth is drilled up from the
well flows into holding tanks and the frac pond thus being allowed to settle so that the frac
water can be reused. Open Loop Systems shall not be permitted. –
Operation site means the area used for development and production and all operational
activities associated with oil or gas after drilling activities are complete.
Permit means the permit required by the city of Coppell for any proposed well.
Open Loop Drilling System is a system of drilling whereby earth is drilled up from the
well flows into holding tanks and the frac pond thus being allowed to settle so that the frac
water can be reused. Open Loop Systems shall not be permitted. –
Operator means, for each well, the person listed on the Railroad Commission Form W-1
or Form P-4 for an oil or 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 an oil or gas lease of any
TM 12512.2.00.AS/CDB.REV
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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 oil or 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 means the permit required by the city of Coppell for any proposed well.
Person means both the singular and the plural and means a natural person, a corporation,
association, guardian, partnership, receiver, trustee, administrator, executor, and fiduciary or
representative of any kind.
Public building means 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, hotels, motels, dance halls, exhibition halls, museums,
gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants, hospitals,
government buildings, schools, colleges and universities.
Public park means any land area dedicated to and/or maintained by the City for
traditional park-like recreational purposes.
Reduced Emission Completion (Green Completion) means techniques or methods that
minimize the release of natural gas and vapors to the environment when a well is being flowed
during the completion or re-completion phase of a Barnett Shale gas well.
Re-drill or reworking means re-completion of an existing well by deepening or sidetrack
operations extending more than one hundred fifty (150) feet from the existing well bore.
Religious Institution means any building in which persons regularly assemble for religious
worship and activities intended primarily for purposes connected with such worship or for
propagating a particular form of religious belief.
Residence or Residential means a house, duplex, apartment, townhouse, condominium,
mobile home Residence shall include assisted living facilitiesy, assisted care facilty, nursing
homes (both intermediate care facilities and skilled nursing facilities), substance abuse
treatment facility, group homes and half-way houses, or any other building designed for
dwelling purposes, including those for which a building permit has been issued on the date the
application for an Oil or Gas Well Permit is filed with the Oil and Gas InspectorCity.
Re-working means 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 means public rights-of-way including streets, alleys, easements and other
property within the City and which is dedicated to the use and benefit of the public.
TM 12512.2.00.AS/CDB.REV
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School means any public and private, primary, secondary and higher educational facilities
providing education up through and including the twelfth grade and college level and any
licensed day care centers, meaning a facility 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.
Seismic activity is that activity performed before a well is drilled to determine the quality
of the materials beneath the proposed drilling site. This process different transmitted
frequencies into the earth and bounced back at different speeds to show a “seismic picture” of
the structure to be drilled. It reveals to potential drillers where not to drill more than where to
drill.
Spud means the first time the drill bit enters the ground for gas well drilling and
production.
Street means any street, highway, sidewalk, alley, avenue, recessed parking area or other
public right-of-way, including the entire right-of-way.
Tank means a container, covered or uncovered, used in conjunction with the drilling or
production of oil, gas or other hydrocarbons for holding or storing fluids.
Technical advisor means such person(s) familiar with and educated in the oil or gas
industry or the law as it relates to oil or gas matters who may be retained from time to time by
the City.
Well means a hole or holes, bore or bores, to any horizon, formation, or strata for the
purpose of producing oil, gas, liquid hydrocarbon, brine water or sulfur water, or for use as an
injection well for secondary recovery, disposal or production of oil, gas or other hydrocarbons
from the earth.
Sec. 9-26-3. Oil and Gas Inspector/Technical Advisor.
A. Authority.
(1) The City Manager shall designate an Oil and Gas Inspector/Technical Advisor who
shall in coordination with his office enforce the provisions of this Ordinance. The Oil
and Gas Inspector shall have the authority to issue any orders or directives required to
carry out the intent and purpose of this Ordinance and its particular provisions.
Failure of any person to comply with any such order or directive shall constitute a
violation of this Ordinance. The Oil and Gas Inspector role may be provided or
supplemented by a qualified consultant.
B(2). The Oil and Gas Inspector shall have as a condition to receiving a permit the
authority to enter and inspect any premises covered by the provisions of this
Ordinance to determine compliance with the provisions of this Ordinance and all
applicable laws, rules, regulations, standards or directives of the State. Failure of any
TM 12512.2.00.AS/CDB.REV
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person to permit access to the Oil and Gas Inspector shall constitute a violation of this
Ordinance and constitute noncompliance with its permit obligations. The Oil and Gas
Inspector shall conduct periodic periodic and routine inspections at least once a year
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.
C.(3) The Oil and Gas Inspector shall have the authority to request and receive any
records, including any records sent to the Commission, logs, reports and the like,
relating to the status or condition of any permitted well necessary to establish and
determine compliance with the applicable Oil or Gas Well Permit. Failure of any
person to provide any such requested material shall be deemed and constitute a
violation of this Ordinance.
B. Duties; fees. The City may from time to time employ a technical advisor or advisors
who are experienced and educated in the oil or gas industry or the law as it pertains to oil or gas
matters. The function of such advisor(s) shall be to advise, counsel or represent the City on such
matters relating to oil or gas operations within the City as the City may want or require and the
effect thereof, both present and future, on the health, welfare, comfort and safety of the citizens
of the City. In the event such Technical Advisor(s) is employed for the purpose of advising,
counseling or representing the City relative to an Operator's case or request relating to this
Ordinance, then the cost for such services of such technical advisor(s) shall be assessed against
and paid for by such Operator in addition to any fees or charges assessed pursuant to this
Ordinance. Prior to the employment of a Technical Advisor, the City shall inform the Operator
of the intended scope of work and the estimated costs and expenses. The employment of a
Technical Advisor shall be approved by the City Council.
Sec. 9-26-4. Operator's Agent.
Every Operator of any well shall designate an agent, who is a resident of the State of
Texas, 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 Oil and Gas Inspector in writing of any change in such agent or such mailing
address unless operations within the City are discontinued.
Sec. 9-26-5. Oil or Gas Well Permit Required.
A. A person wanting to engage in and operate in oil or gas production activities shall
apply for and obtain an Oil or Gas Well Permit. It shall be unlawful for any person acting either
for himself or acting as agent, employee, independent contractor, or servant for any person to
drill any well, assist in any way in the site preparation, re-working, fracturing or operation of any
such well or to conduct any activity related to the production of oil or gas without first obtaining
an Oil or 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.
TM 12512.2.00.AS/CDB.REV
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B. Seismic Surveys. A permit shall not be required for seismic surveys.
BC. The Operator must apply for and obtain an separate Oil or Gas Well Permit for
the drilling, re-drilling, deepening, re-entering, activating or converting of each well whether or
not contained within a single pad site. The Operator may apply for and obtain a “blanket”
multiple Oil or Gas Well Permit for more than one well if multiple wells are located on the same
tract of land.within the same pad site.
CD. An Oil or Gas Well Permit shall not constitute authority or create a property right
or interest for the re-entering and drilling of an abandoned well. An Operator shall obtain a new
Oil or Gas Well Permit in accordance with the provisions of this Ordinance if the Operator is re-
entering and drilling an abandoned well.
ED. When an Oil or Gas Well Permit has been issued to the Operator for the drilling,
re-drilling, deepening, re-entering, activating or converting of a well, such Oil or Gas Well
Permit shall constitute sufficient authority for drilling, operation, production gathering or
production maintenance, repair, re-working, testing, plugging and abandonment of the well
and/or any other activity associated with mineral exploration at the site of such well, provided,
however, that a new or supplemental permit shall be obtained before such well may be reworked
for purposes of re-drilling, deepening or converting such well to a depth or use other than that set
forth in the then current permit for such well.
FE. Any person who intends to re-work a permitted well using a drilling rig, to fracture
stimulate a permitted well after initial completion or to conduct seismic surveys or other
exploration activities on the area covered by a permit shall give written notice to the Oil and Gas
InspectorCity and the Oil and Gas InspectorCity or its authorized representative no less than ten
(10) calendar days before the activities begin. The notice must identify where the activities will
be conducted and must describe the activities in detail, including whether explosive charges will
be used, the duration of the activities and the time the activities will be conducted. The notice
must also provide the address and 24-hour phone number of the person conducting the activities.
If requested by the Oil and Gas InspectorCity and the Oil and Gas InspectorCity or its authorized
representative, the person conducting the activities will post a sign on the property giving the
public notice of the activities, including the name, address and 24-hour phone number of the
person conducting the activities. If the Oil and Gas Inspector determines that an inspection by
the Oil and Gas Inspector is necessary, the Operator will pay the City for the inspection.
The following requirements shall apply to all fracture stimulation operations performed
on a well within 800 1,000 feet of any occupied buildinghabitable structure (not used in
operations on the drilling site) including, but not limited to residence, religious institution, public
building, hospital, school, public park, or any business: 1) at least 48 hours before operations are
commenced, the operator shall post a sign at the entrance of the well site advising the public of
the date the operations will commence; 2) Written notice of all property owners within 1,000 feet
of the pad site. 23) “flowback” operations to recover fluids used during fracture stimulation shall
be performed during daylight hours only unless the Oil and Gas InspectorCity in consultation
with Oil and Gas Inspector approves such operations during non-daylight hours; 34) a watchman
TM 12512.2.00.AS/CDB.REV
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shall be required at all times during such operations; and 45) at no time shall the well be allowed
to flow or vent directly to the atmosphere without first directing the flow through separation
equipment or into a portable tank.
F. G. An Oil or Gas Well Permit shall automatically terminate, unless extended, if
drilling is not commenced within one hundred eighty (180) days from the date of the issuance of
the Oil or Gas Well Permit Council Approval issuance of the oil or gas well permit . Drilling must
commence within one hundred eighty (180) days from the date of the issuance of the Oil or Gas
Well Permit Council Approval oil or gas well permit on at least one well under a “blanket
multiple well permit,” in order to maintain the validity of the Oil or Gas Well Permit for the
multiple wells. An Oil or Gas Well Permit may be extended by the Oil and Gas InspectorCity and
in consultation with Oil and Gas Inspector for an additional one hundred eighty (180) days upon
request by the Operator and proof that the engineering site plan for the requested Oil or Gas Well
permit for such location has not changed. After approval of a multiple well site, individual
permits shall be required for each well.
HG. The Oil or Gas Well Permits required by this Ordinance are in addition to and are
not in lieu of any permit which may be required by any other provision of this Code or by any
other governmental agency.
IH. No additional Oil or Gas Well Permit or filing fees shall be required for:
(1) any wells, existing, previously permitted or approved by the City, within the
corporate limits of the City on the effective date of this Ordinance which are
currently operating; or
(2) any wells which drilling has commenced on the effective date of this Ordinance.
A person shall have forty-five (45) calendar days after the enactment of this Ordinance to
designate an oil or gas operation as a pre-existing operation by filing a site plan drawn to scale
that shows the location of the well with respect to survey lines and the associated production
facilities, if any, with the Oil and Gas Inspector.
IJ. An Oil or Gas Well Permit shall not be issued for any well to be drilled within any
designated floodway or floodplain as defined and adopted by the City.
JK. No Oil or Gas Well Permit shall be issued for any well to be drilled on City owned
property without the prior consent of the City Council. The City Council shall review the
insurance and security requirements on an individual basis prior to issuing of any permit or
permission to enter city property.
KL.. By acceptance of any Oil or Gas Well Permit issued pursuant to this Ordinance,
the Operator expressly stipulates and agrees to be bound by and comply with the provisions of
this Ordinance. The terms of this Ordinance shall be deemed to be incorporated in any Oil or
Gas Well Permit issued pursuant to this Ordinance with the same force and effect as if this
Ordinance was set forth verbatim in such Oil or Gas Well Permit.
TM 12512.2.00.AS/CDB.REV
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Sec. 9-26-6. Oil or Gas Well Permit application and filing fees.
A. Every application for an Oil or Gas Well Permit issued pursuant to this Ordinance
shall be in writing signed by the Operator, or some person duly authorized to sign on his behalf,
and filed with the city of Coppell.
B. Every application, including new and amended permits, shall be accompanied by a
permit fee as established by resolution of the City Council. This permit fee is in addition to other
fees that may be charged. Annual inspection fees as established by resolution of the City
Council shall also be assessed.
C. The application shall include the following information:
(1) The date of the application and type or types of Oil or Gas Well Permit
requested. If Multiple Well Permit, maximum number of wells.
(2) An accurate legal description of the lease property to be used for the oil or gas
operation, the parcel and the production unit and name of the geologic
formation as used by the Commission. Property recorded by plat should
reference subdivision, block and lot numbers.
(3) Map showing proposed transportation route and road for equipment, chemicals
or waste products used or produced by the oil or gas operation.
(4) Proposed well name(s).
(5) Surface owner names(s), and address(es) and signature(s) of the lease property.
(6) Mineral Lessee name and address.
(7) Operator/Applicant name and address and if the Operator is a corporation, the
state of incorporation, and if the Operator is a partnership, the names and
addresses of the general partners, with a copy of the form of business
documentation.
(8) Name and address of individual designated to receive notice.
(9) Name of representative with supervisory authority over all oil or gas operation
site activities and a 24-hour phone number.
(10) Location and description of all improvements and structures within eight
hundred (800) one thousand, 1,000 feet of the well pad site.
(11) Owner and address of each parcel of property within eight hundred (800) feet
one thousand, 1,000 of the proposed drill pad site.
TM 12512.2.00.AS/CDB.REV
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(12) A surveyed site plan of the proposed operation site shall display a Registered
Professional Land Surveyor seal, a legend with scale for measurements and a
complete legal description. The A detailed site plan of the proposed operation
site showing the location of all improvements and equipment, including the
location of the proposed well(s) and other facilities, including, but not limited
to, tanks, pipelines, compressors, separators and storage sheds and their
distances from any public rights-of-way and all structures within 1,000 feet of
the bore(s) orpad site boundary of a Multiple Well Site, , and temporary and/or
permanent screening devises, as necessary.
(13) The name, address and 24-hour phone number of the person to be notified in
case of an emergency.
(14) The exact and correct acreage and number of wells, if applicable, included in
the Oil or Gas Well Permit application.
(15) Copies of all reports required by the Commission.
(16) A signed Road Maintenance Agreement supplied by the City that provides that
the Operator shall repair, at his own expense, any damage to roads, streets, or
highways caused by the use of heavy vehicles for any activity associated with
the preparation, drilling, production, and operation of oil or gas wells.
(17) A description of public utilities required during drilling and operation.
(18) A description of the water source to be used during drilling or operation.
(19) A copy of the approved Commission permit to drill together with attachments
and survey plats which are applicable to the drill and operation sites.
(20) A copy of the Stormwater Pollution Prevention Plan if required by the
Environmental Protection Agency. A copy of the notice of intent shall be
submitted to the city of Coppell three (3) days prior to the commencement of
any onsite activity.
(21(20) A copy of the determination by the Texas Commission on Environmental
Quality (TCEQ) of the depth of useable quality ground water.
(2221) Evidence from DFW Airport that the drilling rig will not adversely effect
the DFW Flight Pattern Overlay.
(2322 ) A Hazardous Materials Management Plan shall be on file with the Fire
Marshal. Any updates or changes to this plan shall be provided to the Fire
Marshal within 3 working days of the change. All chemicals and/or hazardous
materials shall be stored in such a manner as to prevent, contain, and facilitate
TM 12512.2.00.AS/CDB.REV
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rapid remediation and clean-up of any accidental spill, leak, or discharge of a
hazardous material. Operator shall have all material safety data sheets (MSDSs)
for all hazardous materials on site. All applicable federal and state regulatory
requirements for the proper labeling of containers shall be followed.
Appropriate pollution prevention actions shall be required and include, but are
not limited to, chemical and materials raised from the ground (e.g., wooden
pallets), bulk storage, installation and maintenance of secondary containment
systems, and protection from storm water and weather elements.
(2423) Evidence of insurance and security requirements under this Ordinance.
(2524) A statement, under oath, signed by the Operator, or designated
representative, that the information submitted with the application is, to the best
knowledge and belief of the Operator or designated representative, true and
correct.
(2625) All required application and Oil or Gas Well Permit fees.
(2726) If any existing trees, 6 inch caliper or greater are to be removed and/or
disturbed, then a Tree Mitigation Plan and Tree Removal Permit must be
obtained in accordance with Section 12-34-2, as amended, of the Coppell Code
of Ordinances.
(2827) An indemnification, release and discharge of the City of any liability as
specified in Section 9-26-12, Insurance Bond, and Indemnity, Section 5 of this
Ordinance.
(2928) A video documenting existing conditions of the City streets that will be
used by truck traffic to the site, plus a video of the property being used for the
Drill Site.
(3029) In addition to obtaining an Oil or Gas Well Permit and before establishing
a Drill Site and access road, the Operator must obtain the necessary permits
from the City Building Inspections Department and a grading permit from the
City Engineering Department. The grading permit application shall include a
storm water pollution prevention plan and a drainage plan unless the City
Engineer determines that they are not necessary.
(30) Noise Management Plan as outlined in Section 9-26-7(.I)
Sec. 9-26-7. Oil or Gas Well Permit process.
A. Permit Required.
1. No person shall drill, maintain or operate Aan Oil or Gas drilling or other
operation of such Wwell within the jurisdictional limits of the City or its
TM 12512.2.00.AS/CDB.REV
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extraterritorial jurisdiction unless having first obtained a Ppermit shall be required
for all proposed wells.issued in accordance with this article.
2. The City Manager or designee shall, after application and payment of applicable
fees, shall issue a permit subject to the conditions and provisions of this article.
3. No oil or gas permit can be issued to any person if the pad site is within 300 feet
of any habitable structure.
4. No Oil and Gas Wells permit shall be issued be strictly prohibited within
1,000300------- feet of any of any occupied habitable structurebuilding (not used
in operations on the drilling site), including, but not limited to residence, religious
institution, public building, hospital, school, public park, or any business, and 200
feet from any railroad right-or-way.; Uunless otherwise authorizedapproved by
the City Council after a public hearing as provided in this article. The City
Council may approve, in its sole discretion, an application within 1,000 feet to
over 300 feet from non-residential, habitable structures as herein defined (not
used in operations on the drilling site) and 500 feet from habitable residential
structures as herein defined including, but not limited to residence, religious
institution, public building, hospital, school, public park, if the City Council, if
after review of the application, they determines that adequate provisions have
been made in accordance with this article and there is adequate safeguard of the
health, safety and welfare of the habitable structure and general public.
35. Oil and Gas Wells and the drilling thereof shall only be permitted only in areas
zoned LI –“Light Industrial,” PD-LI –“Planned Development – Light Industrial,”
or A – “Agricultural.”
46. A public hearing for an oil or gas well permit seeking a setback within 1,000 feet
of any habitable structure shall be required for all permit applications. if the
proposed well is to be located within eight hundred (800) feet of any occupied
building (not used in operations on the drilling site), including, but not limited to
residence, religious institution, public building, hospital, school, public park, or
any business. This provision applies to any building, (not used in operations on
the drilling site) including, but not limited to residence, religious institution,
public building, hospital, school, public park, or any business which a building
permit has been issued on the date the application for a permit is filed with the gas
inspector. Oil or gas wells located more than eight hundred (800) feet from such
uses may be approved by the Oil and Gas Inspector/Technical Advisor without a
public hearing.
For the purpose of a such an oil or gas well permit the measurement of the eight hundred
(800) foot one thousand foot (1,000) dis distance shall be made from the well borewell bore of a
single well or boundary of a Multiple Well Siteedge of the pad site t the property line of the
habitable structure, in a straight line, without regard to intervening structures or objects, to the
closest exterior point of the building.
TM 12512.2.00.AS/CDB.REV
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B. Application Requirements. An application for an Oil or Gas Well Permit shall
include all information, documents, permits and plans as required in Sec 9-26-6, Oil or Gas Well
Permit Application and Filing Fees as herein defined.
C. Permitting Procedure.
1. After a complete Permit application is submitted, the Oil and Gas InspectorCity
in consultation with the Oil and Gas Inspector shall determine the administrative
completeness of the application and evaluate the public impact of the proposed
activity. The City, in consultation with the Oil and Gas Inspector Oil and Gas
Inspector shall, after payment of the permit fee, consider the proposed site and
the proposed operations or drilling program and shall identify restrictions or
conditions, including minimum separation distance for drilling or other
operations, special safety equipment and procedures, noise reduction levels,
screening. and any other requirements tThe City, in addition to the
requirements of this article, may require and impose other reasonable
restrictions or conditions to a proposed permit in order to assure and protect the
adjacent property owners, occupants and the general health, safety and welfare.
in consultation with the Oil and Gas InspectorOil and Gas Inspector deems
appropriate. If the proposed well or wells are located more than 800 feet from
any occupied building, (not used in operations on the drilling site) including, but
not limited to residence, religious institution, public building, hospital, school,
public park, or any business for which a building permit has been issued on the
date the application for a permit is filed with the Oil and Gas Inspector, the
Inspector The City Manager or his designee may, consistent with State lawthis
article, accept, reject or modify issue an oil and gas drilling permit which
conforms to the requirements of the application in the interest of securing in
compliance with this article. with this Ordinance, the City Code of Ordinances
and/or to protect the health, safety and welfare of the community. An applicant
may appeal a decision of the City and the Oil and Gas Inspector Oil and Gas
Inspector to the City Council.
2. AllAny aApplications which seeks to be located within 1,000 feet of a habitable
structure as herein defined and seeks a setback distance exception shall require
a public hearing before the City Council. for a proposed well or wells that are
located 800 feet or less from any occupied building (not used in operations on
the drilling site), including, but not limited to residence, religious institution,
public building, hospital, school, public park, or any business for which a
building permit has been issued on the date the application for a permit is filed
with the Oil and Gas Inspector, shall require a public hearing following a review
by the Inspector. Within forty-five (45) calendar days of receipt of a complete
application which seeks to be located within 1,000 feet as stated in subsection 9-
26-7, the Oil and Gas InspectorCity shall place the matter on the City Council
agenda for a public hearing and give notice by mail of the time, place and
purpose thereof to the applicant and any other party who has requested in
TM 12512.2.00.AS/CDB.REV
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writing to be so notified. The forty-five (45)-day period shall not begin to run
until the applicant/operator has provided the Oil and Gas InspectorCity with a
complete application package.
3. At least fifteen (15) calendar days, and no more than thirty (30) calendar days
prior to the date of the public hearing before the City Council for an Oil or Gas
Well Permit under this Ordinance, Operator shall notify, at Operator’s expense,
each surface owner of property, as shown by the current tax roll, within eight
hundred (800) feet1,000 feet of the proposed well not owned by or under lease
to the Operator of the hearing place, date and time. Such notice, as outlined
below, shall be made by depositing the same, properly addressed and postage
paid, in the United States mail. The Operator shall file an affidavit with the Oil
and Gas InspectorCity showing the name and last known address, as identified
by the current tax roll, of each owner of property to whom notice was mailed
and the names of each owner of property to whom notice is required to be
given, but whose address is unknown. Notice shall be sent to all
neighborhood/property associations registered with the City within one-half
mile of the proposed drill site.
4. At least fifteen (15) calendar days prior to the date of the public hearing before
the City Council for an Oil or Gas Well Permit under this Ordinance, the
Operator shall, at Operator’s expense, erect at least one sign, no less than three
feet by three feet, upon the premises upon which an Oil or Gas Well Permit has
been requested. Where possible, the sign or signs shall be located in a
conspicuous place or places upon the property at a point or points nearest any
right-of-way, street, roadway or public thoroughfare adjacent to such property.
(a) The sign(s) shall substantially indicate that an Oil or Gas Well Permit to
drill for oil or gas has been requested and state the date, time and place of
the public hearing, and shall further set forth that additional information
can be acquired by telephoning the applicant/Operator or the city of
Coppell at the numbers indicated on the sign.
(b) The continued maintenance of any such sign(s) shall be deemed a
condition precedent to the holding of any public hearing or to any other
official action concerning this Ordinance.
(c) Any sign(s) shall be removed within 10 calendar days after final action by
the City Council
5. At least fifteen (15) calendar days, and no more than twenty (20) thirty (30)
days prior to the date of the public hearing before City Council for an Oil or Gas
Well Permit under this Ordinance, Operator shall publish a copy of the notice as
outlined below, at Operator’s expense, in the legal newspaper of the City for
two (2) consecutive weeks. An affidavit by the printer or publisher of the
newspaper indicating publication of the notice shall be filed with the application
and will be prima facie evidence of such publication. The notice shall read as
follows:
TM 12512.2.00.AS/CDB.REV
17
‘Notice is hereby given that, acting under and pursuant to the
Ordinances of the city of Coppell, Texas, on the _______day of
___________, 20___, ____________ filed with the Oil and Gas
Inspector of the city of Coppell, an application for an Oil or Gas
Well Permit to drill, complete and operate a well for oil or gas
upon property located at ________________, __________
County, Coppell, Texas, more particularly shown on the map of
record in Volume ________, Page _____, Plat records of
______County, Texas or per Tax Tract Number _______,
_________County, Texas. The City Council will conduct a
public hearing on the request for said permit on the ________
day of __________, 20___ at _____o’clock __.m. in the City
Council Chambers located at 255 Parkway Boulevard, Coppell,
Texas.’
The notice shall also contain a location map sufficient to identify
the proposed well site(s) as well as all properties within 1,000
feet of the boundary of the pad site.
6. All notice provisions contained herein shall be deemed sufficient upon
substantial compliance with this section and are in addition to other notices
which may otherwise be required.
7. After a Permit application is submitted, the City in consultation with the Oil and
Gas InspectorOil and Gas Inspector shall evaluate the public impact of the
proposed activity. The City in consultation with the Oil and Gas InspectorOil
and Gas Inspector shall consider the proposed site and the proposed operations
or drilling program and shall draft recommended restrictions or conditions,
including minimum separation distance for drilling or other operations, special
safety equipment and procedures, recommended noise reduction levels,
screening and any other requirements the City in consultation with the Oil and
Gas InspectorOil and Gas Inspector deems appropriate. The recommendations
shall be submitted to the City Council for consideration prior to the any public
hearing.
8. Prior to the public hearing and before the City Council considers the merits of
the application and the recommendations of the City in consultation with the Oil
and Gas InspectorOil and Gas Inspector, the applicant/operator shall provide
evidence of a certificate of publication establishing timely publication of the
notice of the hearing, that timely actual notice of the hearing was given to all
persons as required by this Ordinance and that the Applicant/Operator has
otherwise complied with or satisfied all other requirements of this Ordinance,
including full and complete compliance with the insurance and security
requirements.
TM 12512.2.00.AS/CDB.REV
18
9. The burden of proof on all matters considered in the hearing shall be upon the
Applicant/Operator.
10. The City Council shall review the application and any other related information
and shall consider the following in deciding whether to grant a Oil or Gas Well
Permit:
(a) Whether the operations proposed are reasonable under the circumstances
and conditions prevailing in the area considering the particular location
and the character of the improvements located there;
(b) Whether the drilling of such wells would conflict with the orderly growth
and development of the City;
(c) Whether there are other alternative well site locations;
(d) Whether the operations proposed are consistent with the health, safety and
welfare of the public when and if conducted in accordance with the Oil or
Gas Well Permit conditions to be imposed;
(e) Whether there is sufficient access for the City fire personnel and fire
fighting equipment;
(f) The recommendations of the City, after administrative review, in
consultation with the Oil and Gas Inspectorappropriate representatives
and/or consultantsOil and Gas Inspector; and
(g) Whether the impact upon the adjacent property and the general public by
operations conducted in compliance with the Oil or Gas Well Permit
conditions are reasonable and justified, balancing the following factors:
i. The right of the owners(s) of the mineral estate to explore, develop,
and produce the minerals; and
ii. The availability of alternative drill sites.
11. The City Council may require an increase in the distance the well is setback
from public rights-of-way or any occupied buildinghabitable structure, (not used
in operations on the drilling site) including, but not limited to residence,
religious institution, public building, hospital, school, public park, or any
business, or require any change in operation, plan, design, layout or any change
in the on-site and technical regulations of this Ordinance, including fencing,
screening, landscaping, lighting, delivery times, noise levels, tank height, or any
other matters reasonably required by public interest.
12. The City Council may, consistent with State law, accept, reject or modify the
application in the interest of securing compliance with this Ordinance, the City
TM 12512.2.00.AS/CDB.REV
19
Code of Ordinances and/or to protect the health, safety and welfare of the
community.
D. Wells Setbacks for Oil or Gas Well Permit.
1. Except as otherwise provided in this ordinance, it shall be unlawful to drill any
well, the center the boundary of which, at the surface of the ground, is located
within three hundred (300) 1,000 feet of any occupied buildinghabitable
structure, (not used in operations on the drilling site) including, but not limited
to residence, religious institution, public building, hospital, school, public park,
or any business. This provision applies to any occupied buildinghabitable
structure (not used in operations on the drilling site), including, but not limited
to residence, religious institution, public building, hospital, school, public park,
or any business which a building permit has been issued on the date the
application for a permit is filed with the City and the Oil and Gas InspectorCity
or its authorized representativeOil and Gas Inspector. For the purpose of an Oil
or Gas Well Permit the measurement of the 300 foot1,000 foot distance shall be
made from the well borewell bore(s) or boundary of the well site, in a straight
line, without regard to intervening structures or objects, to the closest exterior
point of the building.
2. This setback distance may be reduced by the City Council to less than 1,000
feet, but not less than three hundred (300) feet from any occupied building
habitable, non-residential structure, (not used in operations on the drilling
site)and three hundred (300) feet of any habitable residential including, but not
limited to residence, religious institution, public building, hospital, school, and
public park, or any business only when there is the unanimous consent of the
property owners within a three hundred (300) foot the 1,000 foot radius around
said well and the affirmative vote of not less than three-fourths of all the
members of the City Council. For protection of the public health, safety and
welfare, the City Council may impose additional requirements for a reduction of
such distance.
3. Tank batteries, facilities and equipment (other than the well itself), shall be
located at least three hundred (300) feet 1,000 feet from any occupied
buildinghabitable structure, (not used in operations on the drilling site)
including, but not limited to residence, religious institution, public building,
hospital, school, public park, or any business for which a building permit has
been issued on the date of the application for a drilling permit is filed. The
distance shall be calculated from the closest tank batteries, facilities and/or
equipment, in a straight line, without regard to intervening structures or objects,
to the closest exterior point of the building. , Uunless otherwise authorized by
the City Council.
E. Screening for Oil or Gas Well Facilities
TM 12512.2.00.AS/CDB.REV
20
1. A screening wall, a minimum of eight (8) feet, but not to exceed ten (10) feet,
shall enclose all completed wells, tanks and compressors within 30 days of the
first well goes into production, and shall be constructed of the following
materials:
(a) Brick and/or stone;
(b) Pre-cast concrete wall when architecturally compatible with existing tilt
wall constructed on adjacent industrial/warehouse buildings and property
within close proximity.or pour-in-place concrete wall with a similar
appearance as brick, stone or split-face concrete masonry unit;
(c) Earthen berm, appropriately landscaped;
(d) Black or green vinyl coated chain link fence with evergreen trees planted
in such a manner to provide a visual screen within 2 years; or
(e) A combination of landscaped earthen berm, evergreen trees and one or
more of the construction materials.
2. Gate Specifications. All masonry walls shall be equipped with at least one (1)
gate. The gate shall meet the following specifications:
(a) Each gate shall be not less than twelve (12) feet wide and be composed of
two (2) gates, each of which is not less than six (6) feet wide, or one (1)
sliding gate not less than twelve (12) feet wide. If two (2) gates are used,
gates shall latch and lock in the center of the span;
(b) The gates shall be of metal frame and wooden veneer construction that
meets the applicable specifications, or of other approved material;
(c) The gates shall be provided with a combination catch and locking
attachment device for a combination padlock, and shall be kept locked
except when being used for access to the site; and
(d) Operator must provide the Oil and Gas Inspector with the padlock
combination.
(e) Operator must provide the City Fire Marshal with a “Knox Padlock” or
“Knox Box with a key” to access the well site to be used only in case of an
emergency.
F. Landscaping. Landscaping and irrigation shall be required along all street frontages
of the well site with suitable screening shrubs that complement the architectural character of the
surrounding developments.
TM 12512.2.00.AS/CDB.REV
21
1. A landscape buffer shall be a minimum of 15 feet in depth.
2. Plants and materials used in living barriers shall be at least 30 inches in height at
the time of planting and shall be of a type and species that will attain a
minimum height of three feet one year after planting.
3. Perimeter landscape areas shall contain at least one evergreen tree (such as
Austrian Pines and Eastern Red Cedar) for each 40 linear feet or fraction
thereof of perimeter landscape area.
G. Vehicle Routes for Oil or Gas Well Permit. Vehicles associated with drilling and/or
production in excess of three tons shall be restricted to such streets designated as either truck
routes or commercial delivery routes by the City Code wherever capable of being used. The
vehicles shall be operated on a truck route wherever capable of being used; they shall be
operated on a commercial delivery route only when it is not possible to use a truck route to fulfill
the purpose for which such vehicle is then being operated. Commercial delivery route means
any street or highway so designated by the City Council for the use by any commercial motor
vehicle, truck-tractor, trailer, semi-trailer, or any combination thereof. Refer also to the Road
Repair Agreement required to be executed with the Oil and Gas Permit.
H. Work Hours for Oil or Gas Well Permit. Site development, other than drilling, shall
be conducted only between sunrise and sunset. Truck deliveries of equipment and materials
associated with drilling and/or production, well servicing, site preparation and other related work
conducted on the well site shall be limited to between sunrise and sunset.., except in cases of
fires, blowouts, explosions and any other emergencies or where the delivery of equipment is
necessary to prevent the cessation of drilling or production. When within 1,000 feet of a
habitable structure, flagmen shall be used instead of back-upin lieu of reverse alarms/horns.
I. Noise Restrictions for Oil or Gas Well Permit.
1. No drilling, producing or other operations (excluding formation fracturing) shall
produce a sound level greater than 78 dB(a) when measured at a distance of three
hundred (300) feet from the production equipment in question. The noise level
shall be the average of sound level meter readings taken consecutively at any
given time from four (4) or more diametrically opposite positions, four (4) feet
above ground level, when measured at a distance of three hundred (300) feet from
the production equipment. A maximum sound level of 85 dB(a) shall apply to
formation fracturing when measured at a distance of three hundred (300) feet
from the production equipment in question.
2. No person shall operate or permit to be operated in connection with the operation
of a producing well any engine, compressor or motor-driven machinery of any
type which creates a sound level greater than 65dB(a) when measured at a
distance of three hundred (300) feet from the well site. The noise level shall be
the average of sound level meter readings taken consecutively at any given time
TM 12512.2.00.AS/CDB.REV
22
from four (4) or more diametrically opposite positions measured at a distance of
three hundred (300) feet from the well site.
3. Sound level measurements shall be made with a sound level meter conforming, as
a minimum, to the requirements of the American National Standards Institute.
4. If sound levels exceed the dB(a) levels cited in subsection (1) and (2) of this
section, the Oil and Gas Inspector may require sound reducing mufflers.
1. Prior to the issuance of a gas well permit and the commencement of
operations, the Operator shall submit a noise management plan, as
approved by the gas inspectorCity, detailing how the equipment used in the
drilling, completion, transportation, or production of a well complies with
the maximum permissible noise levels of this Section. The noise
management plan mustshall include:
a. Identify operation noise impacts;
b. Provide documentation establishing the Ambient Noise Level prior to
construction of any wellhead, compressor or compression facility;
c. Detail how the impacts will be mitigated. In determining noise mitigation,
specific site characteristics shall be considered, including but not limited to
the following:
i. Nature and proximity of adjacent development, location, and type;
ii. Seasonal and prevailing weather patterns, including wind directions;
iii. Vegetative cover on or adjacent to the site; and
iv. Topography.
The Operator shall be responsible for verifying compliance with this section and
the noise management plan after the installation of the noise generation
equipment
2. No well shall be drilled, redrilled or any equipment operated at any location
within the city in such a manner so as to create any noise which causes the
exterior noise level when measured at the nearest Use receiver’s/receptor’s
property line or from the closest exterior point of the Use structure if access to the
property is granted by the receiver/receptor, that:
a. Exceeds the Ambient Noise Level by more than five (5) decibels during
daytime hours and more than three (3) decibels during nighttime hours;
b. Exceeds the Ambient Noise Level by more than 10 decibels during fracturing
operations during daytime hours. No fracturing shall be allowed during
nighttime hours except as provided in c. below.
c. Exceeds the Ambient Noise Level by more than three (3) decibels during
TM 12512.2.00.AS/CDB.REV
23
flowback operations or any other ancillary fracturing operations during
nighttime hours;
d. Creates pure tones where one-third octave band sound-pressure level in the
band with the tone exceeds the arithmetic average of the sound-pressure levels
of two contiguous one-third octave bands by 5 dB for center frequencies of
500 Hertz and above, and by 8 dB for center frequencies between 160 and 400
Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz; or
e. Creates low-frequency outdoor noise levels that exceed the following dB
levels:
16 Hz octave band: 65 dB
32 Hz octave band: 65 dB
64 Hz octave band: 65 dB
3. The Operator shall be responsible for establishing and reporting to the City a
continuous seventy-two (72) hour pre-drilling Ambient Noise Level prior to the
issuance of a gas well permit. The seventy-two hour time span shall include at
least one twenty-four (24) hour reading during either a Saturday or Sunday.
The Operator shall use the prior established ambient noise level for the
installation of any new noise generation equipment unless the Operator can
demonstrate that the increase in the ambient noise level is not associated with
drilling and production activities located either on or off-site.
4. Adjustments to the noise standards as set forth above in subsection (1) a, b and c
of this section may be permitted intermittently in accordance with the following:
Permitted Increase Duration of Increase
(dBA) (minutes)*
10…………………………………………5
15…………………………………………1
20…………………………….…less than 1
*Cumulative minutes during any one hour
5. All workover operations shall be restricted to daytime hours.
6. The exterior noise level generated by the drilling, redrilling or other operations of
all gas wells located within 1, 000 feet of a Use shall be continuously monitored,
to ensure compliance. The cost of such monitoring shall be borne by the
Operator. If a complaint is received by either the Operator or the Gas Inspector
from any Use within one thousand (1,000) feet from the gas well, the Operator
TM 12512.2.00.AS/CDB.REV
24
shall, within 24 hours of notice of the complaint, continuously monitor for a 72-
hour period the exterior noise level generated by the drilling, redrilling or other
operations to ensure compliance. At the request of the Gas Inspector, the Operator
shall monitor the exterior noise level at the source of the complaint.
7. Acoustical blankets, sound walls, mufflers or other alternative methods as
approved by the Gas InspectorCity may be used to ensure compliance. All
soundproofing shall comply with accepted industry standards and subject to
approval by the City’s Fire Department.
8. The sound level meter used in conducting noise evaluations shall meet the
American National Standard Institute’s Standard for sound meters or an
instrument and the associated recording and analyzing equipment which will
provide equivalent data.
9. A citation maynotice of violation will be immediately issued for failure to comply
with the provisions of this Section. However, if the Operator is in compliance
with the approved noise management plan, and a violation still occurs, the
Operator will be given 24 hours from notice of non-compliance to correct the
violation from an identified source before a citation is issued. Additional
extensions of the 24-hour period may be granted in the event that the source of the
violation can not be identified after reasonable diligence by the Operator.
J. Tank Specifications for an Oil or Gas Well Permit. All tanks and permanent
structures shall conform to the American Petroleum Institute (A.P.I.) specifications unless other
specifications are approved by the City. The top of the tanks shall be no higher than eight (8) feet
above the terrain surrounding the tanks. All tanks shall be set back pursuant to the standards of
the Commission and the National Fire Protection Association, but in all cases, shall be at least
twenty-five (25) feet from any public right-of-way or property line.
K. Conveyance of fuel, water, oil, gas or petroleum. No Operator shall excavate or
construct any lines for the conveyance of fuel, water, oil, gas or petroleum liquids on, under, or
through the streets, alleys or other properties owned by the City without an easement or right-of-
way license from the City, at a price to be agreed upon, and then only in strict compliance with
this section, other City ordinances, and the specifications established by the Department of
Public Works
L. All other provisions outlined in this Ordinance shall be required.
Sec. 9-26-8. Issuance of Oil or Gas Well permits.
A. It is the responsibility of the Oil and Gas Inspector to review and approve or
disapprove based on the criteria established by this Ordinance all applications for Oil or Gas well
drilling permits for wells located more than eight hundred (800) feet from a occupied building,
(not used in operations on the drilling site) including, but not limited to residence, religious
institution, public building, hospital, school, public park, or any business for which a building
TM 12512.2.00.AS/CDB.REV
25
permit has been issued on the date the application for a permit is filed with the Oil and Gas
Inspector. The issuance of an Oil or Gas Well Permit for wells located eight hundred (800) feet
or less from such occupied building (not used in operations on the drilling site), including, but
not limited to residence, religious institution, public building, hospital, school, public park, or
any business is subject to approval by the City Council. The Oil and Gas Inspector, within thirty
(30) calendar days of the receipt of a complete application, or after the approval by the City
Council and remittance of all fees, insurance and security per the requirements of this Ordinance
for an Oil or Gas Well Permit, shall issue an Oil or Gas Well Permit for which the drilling of the
well or the installation of the facilities have been applied.
A. After a public hearing as herein prescribed, the City Council may, after conformance
with other applicable provisions of this ordinance, approve a well location within the buffer
areas as herein established..
B. The provisions of this Ordinance shall apply to any dwellings or buildings for which
an application for a building permit has been submitted on the date the application for an Oil or
Gas Well Permit is filed with the Oil and Gas InspectorCity. and the Oil and Gas Inspector.
C. If the Oil and Gas InspectorCity in consultation with the Oil and Gas Inspector denies
an Oil or Gas Well Permit application, he shall notify the Operator in writing of such denial
stating the reasons for the denial. Within thirty (30) calendar days of the date of the written
decision of the Oil and Gas InspectorCity in consultation with the Oil and Gas Inspector to deny
the Oil or Gas Well Permit, the Operator may: 1) cure those conditions that caused the denial
and resubmit the application to the Oil and Gas InspectorCity in consultation with the Oil and
Gas Inspector for approval and issuance of the Oil or Gas Well Permit; or 2) file an appeal to the
City Council under the provisions outlined in this Ordinance pursuant to Sec. 9-26-18, as
amended.
Sec . 9-26-9. Amended Oil or Gas Well permits.
A. An Operator may request to amend an submit an application to the Oil and Gas
Inspector to amend an existing Oil or Gas Well Permit to commence drilling from a new drill site
that is shown on (or incorporated by reference as part of) the existing Oil or Gas Well Permit, to
relocate a drill site or operation site within the permitted pad site that is shown on (or
incorporated by reference as part of) the existing Oil or Gas Well Permit, or to otherwise amend
the existing Oil or Gas Well Permit provided the distance to abutting Usesadjacent habitable
structures, as herein defined, does not decrease, unless otherwise authorized by the Council, as
provided in Section 9-26-7(D)s.
B. Applications for amended Oil or Gas Well Permits shall be in writing, shall be signed
by the Operator, and shall include the following:
(1) The application fee as set by city ordinance;
(2) A description of the proposed amendments;
TM 12512.2.00.AS/CDB.REV
26
(3) Any changes to the information submitted with the application for the existing Oil
or Gas Well Permit (if such information has not previously been provided to the
City);
(4) Such additional information as is reasonably required by the City in consultation
with the Oil and Gas InspectorOil and Gas Inspector to demonstrate compliance
with the applicable Oil or Gas Well Permit; and
(5) Such additional information as is reasonably required by the City in consultation
with the Oil and Gas Inspector Oil and Gas Inspector to prevent imminent
destruction of property or injury to persons.
C. All applications for amended Oil or Gas Well Permits shall be filed with the Oil and
Gas InspectorCity for review. Incomplete applications may be returned to the applicant, in
which case the City shall provide a written explanation of the deficiencies; however, the City
shall retain the application fee. The City may return any application as incomplete if there is a
dispute pending before the Texas Railroad Commission regarding the determination of the
Operator.
D. If the activities proposed by the amendment are generally consistent with activities
covered by the existing Oil or Gas Well Permit, and if the proposed activities are in conformance
with the applicable Oil or Gas Well Permit, then the Oil and Gas InspectorCity and the Oil and
Gas InspectorCity shall approve the amendment within ten (10) calendar days after the
application is filed.
E. If the activities proposed by the amendment are materially different from the
activities covered by the existing Oil or Gas Well Permit, the Operator shall submit a new
application. The process will then proceed through the same review and hearing requirements
outlined above for a new well.
F. The decision of the Oil and Gas InspectorCity, in consultation with the Oil and Gas
Inspector to deny an amendment to an Oil or Gas Well Permit shall be provided to the Operator
in writing within ten (10) days after the decision, including an explanation of the basis for the
decision. The Operator may: 1) cure those conditions that caused the denial and resubmit the
application to the Oil and Gas InspectorCity, for approval and issuance of the Oil or Gas Well
Permit; or 2) file an appeal to the City Council under the provisions outlined in this Ordinance
pursuant to Sec. 9-26-18, as amended.
Sec. 9-26-10. Suspension or revocation of Oil or Gas Well permit; Effect.
A. If an Operator (or its officers, employees, agents, contractors, or representatives) fails
to comply with any requirement of an Oil or Gas Well Permit (including any requirement
incorporated by reference as part of the Oil or Gas Well Permit), the Oil and Gas Inspector
City, in consultation with the Oil and Gas Inspector, shall give written notice to the Operator
specifying the nature of the failure and giving the Operator a reasonable time to cure, taking into
consideration the nature and extent of the failure, the extent of the efforts required to cure, and
TM 12512.2.00.AS/CDB.REV
27
the potential impact on the health, safety, and welfare of the community. In no event, however,
shall the cure period be less than thirty (30) calendar days unless the failure presents a risk of
imminent destruction of property or injury to persons or unless the failure involves the
Operator’s failure to provide periodic reports as required by this Ordinance, in which case the
suspension revocation may be immediate.
B. If, the Operator fails to correct the noncompliance within thirty (30) calendar
days, or the time given, from the date of the notice, the Oil and Gas Inspector Oil and Gas
Inspector may suspend or revoke the Oil or Gas Well Permit pursuant to the provisions of this
Ordinance. A citation may be immediately issued for failure to comply with the provisions of
Section 9-26-7.(I.) Noise”. However, if the Operator is in compliance with the approved noise
management plan, and a violation still occurs, the Operator will be given 24 hours from notice of
non-compliance to correct the violation from an identified source before a citation is issued.
Additional extensions of the 24-hour period may be granted in the event that the source of the
violation can not be identified after reasonable diligence by the Operator.
C. No person shall carry on any operations performed under the terms of the Oil or Gas
Well Permit issued under this Ordinance during any period of any Oil or Gas Well Permit
suspension or revocation or pending a review of the decision or order of the City in suspending
or revoking the Oil or Gas Well Permit. Nothing contained herein shall be construed to prevent
the necessary, diligent and bona fide efforts to cure and remedy the default or violation for which
the suspension or revocation of the Oil or Gas Well Permit was ordered for the safety of persons
or as required by the Commission.
D. If the Operator does not cure the noncompliance within the time specified in this
Ordinance, the Oil and Gas Inspector, upon written notice to the Operator, may notify the
Commission and request that the Commission take any appropriate action.
E. Operator may, within thirty (30) calendar days of the date of the decision of the Oil
and Gas InspectorCity and the Oil and Gas InspectorCity or its authorized representative in
writing to suspend or revoke an Oil or Gas Well Permit, file an appeal to the City Council under
the provisions outlined in this Ordinance pursuant to Section 9-26-18, as amended.
F. If an application for an Oil or Gas Well Permit is denied by the Oil and Gas
InspectorCity and the Oil and Gas Inspector, nothing herein contained shall prevent a new
permit application from being submitted to the Oil and Gas InspectorCity and the Oil and Gas
InspectorCity for the same well.
Sec. 9-26-11. Periodic reports.
A. The Operator shall notify the Oil and Gas InspectorCity and the Oil and Gas
InspectorCity or its authorized representative of any changes to the following information within
one business week after the change occurs:
(1) The name, address, and phone number of the Operator;
TM 12512.2.00.AS/CDB.REV
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(2) The name, address, and phone number of the person designated to receive notices
from the City (which person must a resident of Texas that can be served in person
or by registered or certified mail); and
(3) The Operator’s Emergency Action Response Plan (including “drive-to-maps”
from public rights-of-way to each drill site).
B. The Operator shall notify the Oil and Gas InspectorCity and the Oil and Gas
InspectorCity or its authorized representative of any change to the name, address, and 24-hour
phone number of the person(s) with supervisory authority over drilling or operations activities
within one business day.
C. The Operator shall provide a copy of any “incident reports” or written complaints
submitted to the Texas Railroad Commission within thirty (30) days after the Operator has notice
of the existence of such reports or complaints.
D. Beginning on December 31st of each year after each well is completed, and
continuing on each December 31st thereafter until the Operator notifies the Oil and Gas
InspectorCity and the Oil and Gas InspectorCity or its authorized representative that the well has
been abandoned and the site restored, the Operator shall submit a written report to the Oil and
Gas InspectorCity in and the Oil and Gas Inspector identifying any changes to the information
that was included in the application for the applicable Oil or Gas Well Permit that have not been
previously reported to the City.
Sec. 9-26-12. Bond, letters of credit, indemnity, insurance.
A. General Requirements. The Operator shall be required to:
(1) Comply with the terms and conditions of this Ordinance and the Oil or Gas
Well Permit issued hereunder.
(2) Promptly clear drill and operation sites of all litter, trash, waste and other
substances used, allowed, or occurring in the operations, and after abandonment
or completion grade, level and restore such property to the same surface
conditions as nearly as possible as existed before operations.
(3) Indemnify and hold harmless the City, its officers, agents, and employees from
and against any and all claims, losses, damages, causes of action, suits and
liability of every kind, including all expenses of litigation, court costs, and
attorney’s fees, for injury to or death of any person or for damage to any
property arising out of or in connection with the work done by Operator under
an Oil or Gas Well Permit:
TM 12512.2.00.AS/CDB.REV
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(a) where such injuries, death or damages are caused by Operator’s sole
negligence or the joint negligence of Operator and any other person or
entity; and
(b) regardless of whether such injuries, death or damages are caused in whole or
in part by the negligence of Operator.
(4) Promptly pay all fines, penalties and other assessments imposed due to breach
of any terms of the Oil or Gas Well Permit.
(5) Promptly restore to its former condition any public property damaged by the Oil
or Gas operation.
Sec. 9-26-1312. Bond, indemnity, and insurance.
A. Bond. Prior to the issuance of an Oil or Gas Well Permit the Operator shall provide
the Oil and Gas Inspector City with a security instrument in the form of a bond as follows:
1. A bond shall be executed by a reliable bonding or insurance institution authorized to
do business in Texas, acceptable to the City or may provide an irrevocable letter of
credit in the appropriate amount payable to the City of Coppell. The bond or letter
shall become effective on or before the date the Oil or Gas Well Permit is issued and
shall remain in force and effect for at least a period of one hundred and eighty (180)
calendar days after the expiration of the Oil or Gas Well Permit term or until the well
is plugged and abandoned and the site is restored, whichever occurs first. The
Operator shall be listed as principal and the instrument shall run to the City, as
obligee, and shall be conditioned that the Operator will comply with the terms and
regulations of this Ordinance and the City. The original bond or letter shall be
submitted to the Oil and Gas Inspector with a copy of the same provided to the City
Secretary.
2. The principal amount of any security instrument shall be fifty thousand dollars
($50,000) for any single well. If, after completion of a well, the Applicant/Operator,
who initially posted a fifty thousand dollars ($50,000) bond, has complied with all of
the provisions of this Ordinance and whose well is in the producing stage and all
drilling operations have ceased, may submit a request to the Oil and Gas
InspectorCity to reduce the existing bond to ten thousand dollars ($10,000) for the
remainder of the time the well produces without reworking. During reworking
operations, the amount of the bond or letter of credit shall be maintained at fifty
thousand dollars ($50,000).
An operator drilling or reworking between one and five wells at any given time
may elect to provide a blanket bond in the principal minimum amount of one hundred
fifty thousand dollars ($150,000). If the operator drills or reworks more than five
wells at a time, the blanket bond shall be increased in increments of fifty thousand
dollars ($50,000) per each additional well. Once the wells are in the producing stage
TM 12512.2.00.AS/CDB.REV
30
and all drilling operations have ceased, the Operator may elect to provide a blanket
bond for the remainder of the time the well produces, without reworking, as follows:
Number of Producing Wells Blanket Bond Amount Required
Up to 75 wells $100,000
75 to 150 wells $150,000
More than 150 wells $200,000
If at any time after no less than a fifteen (15)-day written notice to the Operator
and a public hearing, the City Council shall deem any Operator's bond or letter of
credit to be insufficient, it may require the Operator to increase the amount of the
bond or letter of credit up to a maximum of two hundred and fifty thousand dollars
($250,000) per well.
3. Whenever the Oil and Gas Inspector City finds that a default has occurred in the
performance of any requirement or condition imposed by this Ordinance, a written
notice shall be given to the Operator. Such notice shall specify the work to be done
and the period of time deemed by the Oil and Gas Inspector to be reasonably
necessary for the completion of such work. After receipt of such notice, the Operator
shall provide the estimated cost and, within the time therein specified, either cause or
require the work to be performed, or failing to do so, shall pay over to the City, one
hundred twenty-five (125) percent of the estimated cost of doing the work. In no
event, however, shall the cure period be less than thirty (30) days unless the failure
presents a risk of imminent destruction of property or injury to persons or unless the
failure involves the Operator’s failure to provide periodic reports as required by this
Ordinance. The maximum cure period shall not exceed forty-five (45) days. The
City shall be authorized to draw against any bond to recover such amount due from
the Operator. Upon receipt of such monies, the City shall proceed by such mode as
deemed convenient to cause the required work to be performed and completed, but no
liability shall be incurred other than for the expenditure of said sum in hand. In the
event that the well has not been properly abandoned under the regulations of the
Commission, such additional money may be demanded from the Operator as is
necessary to properly plug and abandon the well and restore the drill site in
conformity with the regulations of this Ordinance.
4. In the event the Operator does not cause the work to be performed and fails or refuses
to pay over to the City the estimated cost of the work to be done, or the issuer of the
security instrument refuses to honor any draft by the City against the bond, the City
may proceed to obtain compliance and abate the default by way of civil action against
the Operator, or by criminal action against the Operator, or by both such methods.
5. When the well or wells covered by said bond have been properly abandoned in
conformity with all regulations of this Ordinance, and in conformity with all
regulations of the Commission and notice to that effect has been received by the City,
or upon receipt of a satisfactory substitute, the bond issued in compliance with these
regulations shall be terminated and cancelled.
TM 12512.2.00.AS/CDB.REV
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B. Insurance. In addition to the bond required pursuant to this Ordinance, the Operator
shall carry a policy or policies of insurance issued by an insurance company or companies
authorized to do business in Texas. In the event such insurance policy or policies are cancelled,
the Oil or Gas Well Permit shall be suspended on such date of cancellation and the Operator’s
right to operate under such Oil or Gas Well Permit shall immediately cease until the Operator
files additional insurance as provided herein.
(1) General Requirements applicable to all policies.
(a) The City, its officials, employees, agents and officers shall be endorsed as an
“Additional Insured” to all policies except Employers Liability coverage under
the Operator’s Workers Compensation policy.
(b) All policies shall be written on an occurrence basis except for Environmental
Pollution Liability (Seepage and Pollution coverage) and Excess or Umbrella
Liability, which may be on a claims-made basis.
(c) All policies shall be written by an insurer with an A-: VIII or better rating by the
most current version of the A. M. Best Key Rating Guide or with such other
financially sound insurance carriers acceptable to the City.
(d) Deductibles shall be listed on the Certificate of Insurance and shall be on a “per
occurrence” basis unless otherwise stipulated herein.
(e) Certificates of Insurance shall be delivered to the city of Coppell, 255 Parkway
Boulevard, Coppell, Texas 75019, evidencing all the required coverages,
including endorsements, prior to the issuance of an Oil or Gas Well Permit.
(f) All policies shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
(g) Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirement specified herein.
(h) Each policy shall be endorsed to provide the City a minimum thirty (30)-day
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten (10)-day notice shall be acceptable in the event of non-
payment of premium.
(i) During the term of the Oil or Gas Well Permit, the Operator shall report, in a
timely manner, to the Oil and Gas Inspector any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property
loss.
TM 12512.2.00.AS/CDB.REV
32
(j) Upon request, certified copies of all insurance policies shall be furnished to the
City.
(2) Standard Commercial General Liability Policy.
This coverage must include premises, operations, blowout or explosion, products,
completed operations, sudden and accidental pollution, blanket contractual liability,
underground resources damage, broad form property damage, independent
contractors protective liability and personal injury. This coverage shall be a minimum
Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property
Damage.
(3) Excess or Umbrella Liability.
$5,000,000 Excess, if the Operator has a stand-alone Environmental Pollution
Liability (EPL) policy.
$10,000,000 Excess, if the Operator does not have a stand-alone EPL policy.
Coverage must include an endorsement for sudden or accidental pollution. If
Seepage and Pollution coverage is written on a “claims made” basis, the Operator
must maintain continuous coverage and purchase Extended Coverage Period
Insurance when necessary.
(4) Environmental Pollution Liability Coverage.
(a) Operator shall purchase and maintain in force for the duration of the Oil or Gas
Well Permit, insurance for environmental pollution liability applicable to bodily
injury, property damage, including loss of use of damaged property or of
property that has not been physically injured or destroyed; clean-up costs; and
defense, including costs and expenses incurred in the investigation, defense or
settlement of claims; all in connection with any loss arising from the insured
site. Coverage shall be maintained in an amount of at least $1,000,000 per loss,
with an annual aggregate of at least $10,000,000.
(b) Coverage shall apply to sudden and accidental pollution conditions resulting
from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids or gases, waste material or other irritants, contaminants or
pollutants.
(c) The Operator shall maintain continuous coverage and shall purchase Extended
Coverage Period insurance when necessary. The Extended Coverage Period
insurance must provide that any retroactive date applicable to coverage under
the policy precedes the effective date of the issuance of the permit by the City.
TM 12512.2.00.AS/CDB.REV
33
(5) Control of Well. The policy should cover the cost of controlling a well that is out of
control, re-drilling or restoration expenses, seepage and pollution damage as first
party recovery for the Operator and related expenses, including, but not limited to,
loss of equipment, experts and evacuation of residents.
$ 5,000,000 per occurrence/no aggregate, if available, otherwise an aggregate of
ten (10) million dollars.
$ 500,000 Sub-limit endorsement may be added for damage to property for which
the Operator has care, custody and control.
(6) Workers Compensation and Employers Liability Insurance.
(a) Workers Compensation benefits shall be Texas Statutory Limits.
(b) Employer’s Liability shall be a minimum of $500,000 per accident.
(c) Such coverage shall include a waiver of subrogation in favor of the City and
provide coverage in accordance with applicable State and Federal laws.
(7) Automobile Liability Insurance.
(a) Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and
Property Damage.
(b) Coverage must include all owned, hired and not-owned automobiles.
(8) Certificates of Insurance.
(a) The company must be admitted or approved to do business in the State of
Texas, unless the coverage is written by a Surplus Lines insurer.
(b) The insurance set forth by the insurance company must be underwritten on
forms that have been approved by the Texas State Board of Insurance or ISO, or
an equivalent policy form acceptable to the City, with the exception of
Environmental Pollution Liability and Control of Well coverage.
(c) Sets forth all endorsements and insurance coverage according to requirements
and instructions contained herein.
(d) Shall specifically set forth the notice of cancellation, termination, or change in
coverage provisions to the City. All policies shall be endorsed to read “THIS
POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT
THIRTY (30) DAYS ADVANCED WRITTEN NOTICE TO THE OWNER
AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED
FOR NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS
ADVANCE WRITTEN NOTICE IS REQUIRED”.
TM 12512.2.00.AS/CDB.REV
34
(e) Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
C. Indemnification and Express Negligence Provisions. Each Oil or Gas Well Permit
issued by the City in consultation with the Oil and Gas Inspector shall include the following
language: Operator does hereby expressly release and discharge all claims, demands, actions,
judgments, and executions which it ever had, or now has or may have, or assigns may have, or
claim to have, against the city of Coppell, and/or its departments, agents, officers, servants,
successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal
injuries, known or unknown, and injuries to property, real or personal, or in any way incidental
to or in connection with the performance of the work performed by the Operator under an Oil or
Gas Well Permit. The Operator shall fully defend, protect, indemnify, and hold harmless the city
of Coppell, 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 Coppell, 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 an Oil or Gas Well Permit. The Operator agrees to
indemnify and hold harmless the city of Coppell, 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 Coppell occurring on the drill site or operation site in the course and scope of inspecting
and permitting the Oil or Gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND
DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY
OF COPPELL OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE
COURSE AND SCOPE OF INSPECTING AND PERMITTING THE OIL OR 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 COPPELL, TEXAS AND/OR ITS DEPARTMENTS, AGENTS,
OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE
NEGLIGENCE OF THE CITY OF COPPELL, 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.
D. Notice. The individual designated to receive notice shall be a resident of Texas upon
whom all orders and notices provided in this Ordinance may be served in person or by registered
or certified mail. Every Operator shall within ten (10) calendar days notify the City and Oil and
Gas Inspector in writing of any change in such agent or mailing address unless operations in the
City are discontinued and abandonment is complete.
TM 12512.2.00.AS/CDB.REV
35
E. Acceptance and Indemnity Agreement. The Operator who has a net worth of not less
than twenty-five million dollars ($25,000,000), as shown in such Owner’s or Operator’s most
recent audited financial statements, may substitute an acceptance and indemnity agreement in
lieu of the bond and insurance requirements set forth in this Ordinance, provided that such
acceptance and indemnity agreement shall be in a form acceptable to, and approved by, the City
Attorney. The Oil and Gas InspectorCity may request an annual review of the Operator’s most
recent audited financial statements to assure compliance with this section.
Sec. 9-26-13. Bond requirements and terms.
A. General Requirements. The Operator shall be required to:
(1) Comply with the terms and conditions of this Ordinance and the Oil or Gas
Well Permit issued hereunder.
(2) Promptly clear drill and operation sites of all litter, trash, waste and other
substances used, allowed, or occurring in the operations, and after abandonment
or completion grade, level and restore such property to the same surface
conditions as nearly as possible as existed before operations.
(3) Indemnify and hold harmless the City, its officers, agents, and employees from
and against any and all claims, losses, damages, causes of action, suits and
liability of every kind, including all expenses of litigation, court costs, and
attorney’s fees, for injury to or death of any person or for damage to any
property arising out of or in connection with the work done by Operator under
an Oil or Gas Well Permit:
(a) where such injuries, death or damages are caused by Operator’s sole
negligence or the joint negligence of Operator and any other person or
entity; and
(b) regardless of whether such injuries, death or damages are caused in whole or
in part by the negligence of Operator.
(4) Promptly pay all fines, penalties and other assessments imposed due to breach
of any terms of the Oil or Gas Well Permit.
(5) Promptly restore to its former condition any public property damaged by the Oil
or Gas operation.
Sec. 9-26-14. Technical regulations.
A. On-Site Requirements.
1. 1. Abandoned Wells. All wells shall be
abandoned in accordance with the rules of the Texas Railroad Commission;
TM 12512.2.00.AS/CDB.REV
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however, all well casings shall be cut and removed to a depth of at least ten feet
(10’) below the surface unless the surface owner submits a written agreement
otherwise, then three feet (3’) shall be the minimum depth allowed. No structures
shall be built over an abandoned well.
2. 2. Blowout Prevention. In all cases, blowout prevention equipment shall be
used on all wells being drilled, worked-over or in which tubing is being changed.
Protection shall be provided to prevent blowout during oil or gas operations as
required by and in conformance with the requirements of the Commission and the
recommendations of the American Petroleum Institute. The Operator must equip
all drilling wells with adequate blowout preventors, flow lines and valves
commensurate with the working pressures involved as required by the
Commission.
3. Closed Loop Mud Systems. A Closed Loop Mud System shall be required for
all drilling and reworking operations for all gas wells.
4. 3. Compliance. Operator shall comply at all times with all applicable
federal, state and City requirements.
5. 4. Discharge. No person shall place, deposit, discharge, or cause or permit
to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar,
hydrocarbon substances or any refuse including wastewater or brine from any oil
or gas operation or the contents of any container used in connection with any oil
or gas operation in, into, or upon any public right-of-way, alleys, streets, lots,
storm drain, ditch or sewer, sanitary drain or any body of water or any private
property in the City.
6. 5. Drill Stem Testing. All open hole formation or drill stem testing shall be
done during daylight hours. Drill stem tests may be conducted only if the well
effluent during the test is produced through an adequate gas separator to storage
tanks and the effluent remaining in the drill pipe at the time the tool is closed is
flushed to the surface by circulating drilling fluid down the annulus and up the
drill pipe.
7. 6. Dust, Vibration, Odors. All drilling and production operations shall be
conducted in such a manner as to minimize, so far as practicable, dust, vibration,
or noxious odors, and shall be in accordance with the best accepted practices
incident to drilling for the production of oil, gas and other hydrocarbon substances
in urban areas. All equipment used shall be so constructed and operated so that
vibrations, dust, odor or other harmful or annoying substances or effect will be
minimized by the operations carried on at any drilling or production site or from
anything incident thereto, to the injury or annoyance of persons living in the
vicinity; nor shall the site or structures thereon be permitted to become
dilapidated, unsightly or unsafe. Proven technological improvements in industry
TM 12512.2.00.AS/CDB.REV
37
standards of drilling and production in this area shall be adopted as they become
available if capable of reducing factors of dust, vibration and odor.
8. 7. Electric Lines. All electric lines to production facilities shall be located in
a manner compatible to those already installed in the surrounding area; however,
all lines crossing and public right-of-way shall be placed underground.
9. 8. Electric Motors. Only electric prime movers or motors shall be permitted
for the purpose of pumping wells. No electric power shall be generated on
location except for thermal electric generators. All electrical installations and
equipment shall conform to the City ordinances and the appropriate national
codes.
10. 9. Emergency Response Plan. Prior to the commencement of any oil, gas or
other hydrocarbons production activities, Operator shall submit to the City and the
Oil and Gas InspectorCity an emergency response plan establishing written
procedures to minimize any hazard resulting from drilling, completion or
producing of oil or gas wells. Said plan shall use existing guidelines established
by the Commission, Texas Commission on Environmental Quality, Department of
Transportation and/or the Environmental Protection Agency.
11. 10. Equipment Painted. All production equipment on the site shall be painted
and maintained at all times, including pumping units, storage tanks, buildings and
structures. No company logos or advertisement shall be allowed, however nothing
shall prevent branding or identification on any service vehicles.
12. 11. Fire Prevention; Sources of Ignition. Fire fighting apparatus and supplies
as approved by the Fire Department and required by any applicable federal, state,
or local law shall be provided by the Operator, at the Operator’s cost, and shall be
maintained on the drilling site at all times during drilling and production
operations. The Operator shall be responsible for the maintenance and upkeep of
such equipment. Each well shall be equipped with an automated valve that closes
the well in the event of an abnormal change in operating pressure. All well heads
shall contain an emergency shut-off valve to the well distribution line.
13. 12. Fresh Water Wells. It shall be unlawful to drill any oil or gas well, the
center of which, at the surface of the ground, is located within two hundred (200)
three hundred (300) feet to any fresh water well, except for fresh water wells used
solely for operation of the oil or gas well operation. The measurement shall be in
a direct line from the closest well bore to the fresh water well bore. The operator
of an oil or gas Well shall provide the Oil and Gas Inspector with a “pre-drilling”
and “post-drilling” water analysis from any fresh water well within eight hundred
(800) feet of the oil or gas well. Within one hundred eighty (180) days of its
completion date, each oil or gas well shall be equipped with a cathodic protection
system to protect the production casing from external corrosion. The Oil and Gas
TM 12512.2.00.AS/CDB.REV
38
Inspector may approve an alternative method of protecting the production casing
from external corrosion.
14. 13. Oil or Gas Emission or Burning Restricted. No person shall allow, cause
or permit gases to be vented into the atmosphere or to be burned by open flame
except as provided by law or as permitted by the Commission. If the venting of
gases into the atmosphere or the burning of gases by open flame is authorized as
provided by law or as permitted by the Commission, then such vent or open flame
shall not be located closer than three hundred (300) feetone thousand (1,000) from
any building not used in operations on the drilling site and such vent or open
flame shall be screened in such a way as to minimize detrimental effects to
adjacent property owners. At no time shall the well be allowed to flow or vent
directly to the atmosphere without first directing the flow through separation
equipment or into a portable tank.
i. Gas[m1] lift Compressor. Any onsite compressor used to ‘lift gas’ shall
be designed to comply with the noise and screening requirements of this
ordinance.
ii. Gas processing onsite. Except for a conventional gas separator or line
heater, no refinery, processing, treating, dehydrating or absorption plant of
any kind shall be constructed, established or maintained on the premises
without appropriate City permits and a Certificate of Occupancy.
15. Grass, Weeds, Trash. All drill and operation sites shall be kept clear of high grass, weeds
and combustible trash.
16. Hazardous Plan. Hazardous Materials Management Plan shall be on file with the Fire
Marshal and the Oil and Gas Inspector.
17.16. Lights. No person shall permit any lights located on any drill or operation site to
be directed in such a manner so that they shine directly on public roads, adjacent property or
property in the general vicinity of the operation site. To the extent practicable, and taking
into account safety considerations, site lighting shall be directed downward and internally so
as to avoid glare on public roads and adjacent dwellings and buildings within three hundred (
300) feet, and shall be in compliance with Chapter 12, Article 36, Glare and Lighting
Standards of the Coppell Code of Ordinances.
1817. Muffling Exhaust. Exhaust from any internal combustion engine, stationary or
mounted on wheels, used in connection with the drilling of any well or for use on any
production equipment shall not be discharged into the open air unless it is equipped with an
exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible
materials sufficient to suppress noise and prevent the escape of obnoxious gases, fumes or
TM 12512.2.00.AS/CDB.REV
39
ignited carbon or soot. All formation fracturing operations shall be conducted during daylight
hours unless the Operator has notified the Oil and Gas Inspector that fracing will occur
before or after daylight hours to meet safety requirements.
19. Pits. Lined earthen mud or circulating pits shall be used. Such pits and contents shall
be removed from the premises and the drilling site within sixty (60) days after completion of
the well. Reserve pits are prohibited and everything shall be placed in steel tanks surrounded
by a berm. Only freshwater-based mud systems shall be permitted. Saltwater-based mud
systems and oil-based mud systems are prohibited.
20. Private Roads and Drill Sites. Prior to the commencement of any drilling operations,
all private roads used for access to the drill site and the operation site itself shall be at least
ten (10) feet wide, have an overhead clearance of fourteen (14) feet and shall be surfaced
with crushed rock, gravel or ore and maintained to prevent dust and mud. In particular cases
these requirements governing surfacing of private roads may be altered at the discretion of
the Oil and Gas InspectorCity after consideration of all circumstances including, but not
limited to, the following: distances from public streets and highways; distances from
adjoining and nearby property owners whose surface rights are not leased by the operation;
the purpose for which the property of such owners is or may be used; topographical features;
nature of the soil; and exposure to wind.
21. Reduced Emission Completion. After fracturing or re-fracturing, Operators shall
employ appropriate equipment and processes as soon as practicable to minimize
natural gas and associated vapor releases to the environment. All salable gas shall
be directed to the sales line as soon as practicable or shut in and conserved.
Reduced Emission Completion techniques and methods shall not be required for
Barnett Shale wells permitted prior to July 1, 2009 that do not have a sales line.
Operators may request a variance from the Gas Inspector if they believe that
reduced emission completion techniques or methods are not feasible or would
endanger the safety of personnel or the public. Flaring may be allowed in some
instances to an alternative from venting as allowed by the Gas Inspector. If
burning of gases by open flame is authorized by the Gas Inspector then such open
flame shall not be located closer than one thousand feet from any building not
used in operations on the drilling site and such open flame shall be screened in
such a way as to minimize detrimental effects to adjacent property owners.
22. 20. Salt Water Wells. No salt water disposal wells shall be located within the city of
Coppell.
23. 21. Signs.
(a) A sign shall be immediately and prominently displayed adjacent to the public
right-of-way at the gate on the temporary and permanent site fencing erected
pursuant to this Ordinance. Such sign shall be durable material, maintained in
TM 12512.2.00.AS/CDB.REV
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good condition and, unless otherwise required by the Commission, shall have a
surface area of not less than two (2) square feet nor more than four (4) square
feet and shall be lettered with the following:
(1) Well name and number;
(2) Name of Operator;
(3) The emergency 911 number; and
(4) Telephone numbers of two (2) persons responsible for the well who may
be contacted in case of emergency.
(b) Permanent weatherproof signs reading “DANGER NO SMOKING OR OPEN
FLAMES ALLOWED” shall be posted immediately upon completion of the
well site fencing at the entrance of each well site and tank battery or in any
other location approved or designated by the Fire Marshal of the City. Sign
lettering shall be four (4) inches in height and shall be red on a white
background or white on a red background. Each sign shall include the
emergency notification numbers of the Fire Department and the Operator, well
and lease designations required by the Commission.
24. Storage of Equipment. On-site storage is prohibited on the operation site. No
equipment shall be stored on the drilling or production operation site, unless it is
necessary to the everyday operation of the well. Lumber, pipes, tubing and casing
shall not be left on the operation site except when drilling or well servicing operations
are being conducted on the site.
No vehicle or item of machinery shall be parked or stored on any street, right-of-
way or in any driveway, alley or upon any operation site which constitutes a fire
hazard or an obstruction to or interference with fighting or controlling fires except
that equipment which is necessary for drilling or production operations on the site.
The Fire Department shall be the entity that determines whether an equipment on the
site shall constitute a fire hazard. No refinery, processing, treating, dehydrating or
absorption plant of any kind shall be constructed, established or maintained on the
premises. This shall not be deemed to exclude a conventional gas separator or
dehydrator.
25. Storage Tanks. All tanks and permanent structures shall conform to the American
Petroleum Institute (A.P.I.) specifications unless other specifications are approved by
the City. The top of the tanks shall be no higher than ten (10) feet above the terrain
surrounding the tanks. All storage tanks shall be equipped with a secondary
containment system including lining with an impervious material. The secondary
containment system shall be a minimum of three feet (3’) in height and one and one-
half (1½) times the contents of the largest tank in accordance with the Fire Code, and
TM 12512.2.00.AS/CDB.REV
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buried at least one foot (1’) below the surface. Drip pots shall be provided at the
pump out connection to contain the liquids from the storage tank.
a. Secondary containment shall be capable of containing a release of 110% of
the largest storage container within the containment and have adequate
freeboard to contain an average annual rain event.
b. Temporary flowback tanks shall be removed within ninety (90) days after
completion of the gas well(s) at the pad site unless permission is obtained
from the Gas Inspector to extend the time period for no more than thirty
(30) days.
All tanks shall be set back pursuant to the standards of the Commission and the
National Fire Protection Association, but in all cases, shall be at least twenty-five (25)
five hundred (500) feet from any public right-of-way or property line. Each storage
tank shall be equipped with a level control device that will automatically activate a
valve to close the well in the event of excess liquid accumulation in the tank.
No meters, storage tanks, separation facilities, or other aboveground facilities,
other than the well head and flow lines, shall be placed in a floodway. Such facilities
may not be placed within the 100-year floodplain
Tanks must be at least five hundred (500)three hundred (300) feet from any
residence, religious institution, public building, hospital building, school, habitable
structure or combustible structure.
26. Tank Battery Facilities. Tank battery facilities shall be equipped with a remote foam
line and a lightning arrestor system.
27. Surface Casing. Surface casing shall be run and set in full compliance with the
applicable rules and regulations of the Commission.
a) An operator may set and cement sufficient surface casing to protect all usable-
quality water strata, as defined by state law. The Operator shall notify the Gas
Well InspectorCity in writing at least 72 hours prior to setting and cementing
surface casing. In addition, the following shall be required:
i) Centralizers must be used at an interval of one centralizer per one hundred
feet, or 10 centralizers per one thousand feet.
ii) New surface casing is required.
iii) Proper floating equipment shall be used.
iv) Class “H” or Class “C” cement with accelerators shall be used.
TM 12512.2.00.AS/CDB.REV
42
v) The Operator shall circulate to surface; if not, the Operator shall cement
with one inch tubing and top off.
vi) The Operator shall wait on cement a minimum of eight to twelve hours prior
to commencing further Drilling operations.
vii) The Operator shall test the blowout preventer before Drilling out of surface
casing to four thousand psi.
28. Valves. Each well must have a shut-off valve to terminate the well’s production. The
Fire Department shall have access to the well site to enable it to close the shut-off
valve in an emergency. Each well shall be equipped with an automated valve that
closes the well in the event of any abnormal increase in operating pressure.
29. Vapor Recovery for Storage Tanks. Vapor recovery equipment shall be
required for tank batteries that have an estimated rolling annual aggregate emissions
rate of 25 tons or greater of total volatile organic hydrocarbons per year per well
head. Vapor recovery equipment must be operated and maintained in such a way to
ensure a 95% recover efficiency between the internal and external atmospheres of the
tank(s).
30. Waste Disposal. Unless otherwise directed by the Commission, all tanks used for
storage shall conform to the following:
(a) Operator must use portable closed steel storage tanks for storing liquid
hydrocarbons. Tanks must meet the American Petroleum Institute standards.
All tanks must have a vent line, flame arrester and pressure relief valve. All
tanks must be enclosed by a fence applicable to the issued permit classification.
No tank battery shall be within three hundred (300) f five hundred (500)eet of
any occupied buildinghabitable structure (not used in operations on the drilling
site), including, but not limited to residence, religious institution, public building,
hospital, school, public park, or any business or other combustible structure.
(b) Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or
resulting from or connected with the drilling, re-working or deepening of any
well shall be discharged into a lined earthen pit. All disposals must be in
accordance with the rules of the Commission and any other appropriate local,
state or federal agency.
(c) Unless otherwise directed by the Commission, waste materials shall be removed
from the site and transported to an off-site disposal facility not less often than
every thirty (30) days. Water stored in on-site tanks shall be removed as
necessary.
TM 12512.2.00.AS/CDB.REV
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(d) All waste shall be disposed of in such a manner as to comply with the air and
water pollution control regulations of the state, this Ordinance and any other
applicable ordinance of the City.
31. Watchman. The Operator must keep a qualified personnel on site at all times during
the drilling or re-working of a well. .
32.. Completion (per/frac). The Operator shall notify the Gas Well InspectorCity in
writing at least 72 hours prior to starting completion procedures such as fracturing
and perforating. The well must be equipped with a blowout preventer before this
operation is commenced. If a bridge plug is set over a producing formation prior to
additional completion, it must be pressure-tested to a sufficient pressure to ensure
that it is not leaking.
33. Final Pipeline hookup (1st sales, bradenhead gauge, and final pad site clean-up)
a. The Operator shall notify the Gas Well InspectorCity in writing at least 72 hours
prior to the fist sale.
b. The Operator shall install a bradenhead gauge.
c. After the site has been cleaned up and screened, the Operator shall notify the Gas
Well Inspector for a final inspection. Prior to the final inspection the operator
must provide the City with geographic coordinates of the Well Bore, using the
North American Datum 1983 (NAD 83), Texas State Plane – North Central Zone
(4202), in United States feet.
34. Additional compliance inspections, noise meter tests, complaint inspections, etc.,
may be required.
B. Well Setbacks. Except as otherwise provided, it shall be unlawful to drill any well,
the center of which, at the surface of the ground, is located:
(1) Within twenty-five (25) one hundred (100) feet from any outer boundary line of the
pad site; or
(2) Within twenty-five (25) five hundred (500) feet from any storage tank, or source of
ignition; or
(3) Within seventy-five (75) feet of any public street, road, highway or future street,
right-of-way or property line; or
(4) Within three hundred (300) feet one thousand (1000) from any occupied
buildinghabitable structure (not used in operations on the drilling site), including, but
not limited to residence, religious institution, public building, hospital, school, public
park, or any business The distance shall be calculated from the well bore(s) or
boundary of the pad site of a Multiple Well Site, in a straight line, without regard to
TM 12512.2.00.AS/CDB.REV
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intervening structures or objects, to the closest exterior point of any object listed in
Section 9-26-14(B) (1-6), as amended.
.
(5) Within one hundred (100) feet of any building accessory to, but not necessary to the
operation of the well; or
(6) Within two hundred (200) feet three hundred feet (300)to any fresh water well, and
five hundred feet from a water conveyances. The measurement shall be in a direct
line from the closest well bore to the fresh water well bore.
The distance shall be calculated from the well bore, in a straight line, without regard to
intervening structures or objects, to the closest exterior point of any object listed in Section 9-26-
14(B) (1-6), as amended.
The distances set out in Section 9-26-14(B), subsections (1), (3), (4), or (6) of this
subsection may be reduced as provided herein at the discretion of the City Council, but
in no event less than two five hundred (5200) feet from any dwelling or any other
habitable structure as herein defined and three hundred (300) feet from non-residential
structures as herein defined building used, or designed and intended to be used, for
human occupancy without the unanimous consent of the property owners within a two
fhundred (200) foot this radius around said well and the affirmative vote of not less than
three-fourths of all the members of the City Council. For protection of the public health,
safety and welfare, the City Council may impose additional requirements for a reduction
of such distance. The reduction of the distance requirement for fresh water wells is
subject to the Texas Railroad Commission regulations and any other state or federal
requirements.
C. Installation of Pipelines On, Under or Across Public Property. The Operator shall
apply to the City for a franchise 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 Oil or Gas Well Permit issued pursuant to this Ordinance. Operator
shall:
(1) Not interfere with or damage existing water, sewer or gas lines or the facilities of
public utilities located on, under or across the course of such rights-of way.
(2) Furnish to the Oil and Gas InspectorCity in consultation with the Oil and Gas
Inspector of the City a plat showing the location of such pipelines.
(3) Construct such lines out of pipe in accordance with the City codes and regulations
properly cased and vented if under a street, all crossings of City streets will be by
“dry bore” method only;
TM 12512.2.00.AS/CDB.REV
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(4) Grade, level and restore such property to the same surface condition, as nearly as
practicable, as existed when operations for the drilling of the well were first
commenced.
No Oil or Gas Well Permit shall be issued for any well to be drilled within any of the
streets or alleys of the City and/or projected streets or alleys shown by the current comprehensive
plan of the City, and 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 Oil and
Gas InspectorCity. Any consent from the Oil and Gas InspectorCity 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.
Sec. 9-26-15. Clean-up and maintenance.
A. Clean-up after well servicing. After the well has been completed or plugged and
abandoned, the Operator shall clean the drill site or operation site, complete restoration activities
and repair all damage to public property caused by such operations within sixty (60) calendar
days.
B. Surface Reclamation Plan Requirements. Each Operator must submit as part of the
Gas Well Permit application a surface reclamation plan that must include information outlined in
this subsection, in the degree of detail necessary to demonstrate that full site reclamation can be
accomplished.
The reclamation plan must include:
(1) Measures to be taken to restore property to allow use under the City Comprehensive
Plan;
(2) The control of surface water drainage and of water accumulation and measures to be
taken during the reclamation process to provide for the protection of the quantity and
quality of surface and groundwater systems;
(23) Cleaning up polluted surface and ground water;
(34) Backfilling, soil stabilization, compacting, grading, and appropriate revegetation;
(45) Soil reconstructions, replacement, and stabilization;
(56) Configuration of the reshaped topography;
(67) Waste disposal;
(78) A plan for re-vegetation of affected lands;
(89) Road reclamation; and
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(910) Other practices necessary to ensure all disturbed areas will be reclaimed.
CB. Clean-up after spills, leaks and malfunctions. After any spill, leak or malfunction,
the Operator shall remove or cause to be removed to the satisfaction of the Oil and Gas
InspectorCity in consultation with the Oil and Gas Inspector all waste materials from any public
or private property affected by such spill, leak or malfunction. Clean-up operations must begin
immediately. If the owner fails to begin site clean-up within twenty-four (24) hours, the City
shall have the right to contact the Commission in order to facilitate the removal of all waste
materials from the property affected by such spill, leak or malfunction.
CD. Free from debris. The property on which a well site is located shall at all times be
kept free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or
other waste material within a radius of one hundred (100) feet around any separators, tanks and
producing wells.
ED. Painting. All production equipment shall be painted and maintained at all times,
including wellheads, pumping units, tanks, and buildings or structures. When requiring painting
of such facilities, the Oil and Gas InspectorCity in consultation with the Oil and Gas Inspector
shall consider the deterioration of the quality of the material of which such facility or structure is
constructed, the degree of rust, and its appearance. Paint shall be of a neutral color, compatible
with surrounding uses. Neutral colors shall include sand, gray and unobtrusive shades of green,
blue and brown, or other neutral colors approved by the Oil and Gas InspectorCity in
consultation with the Oil and Gas Inspector.
FE. Blowouts. In the event of the loss of control of any well, Operator shall immediately
take all reasonable steps to regain control regardless of any other provision of this Ordinance and
shall notify the Oil and Gas Inspector as soon as practicable. The Oil and Gas Inspector shall
certify in writing, briefly describing the same, to the City Manager. If the Oil and Gas Inspector,
in his opinion, believes that danger to persons and property exists because of such loss of well
control and that the Operator is not taking or is unable to take all reasonable and necessary steps
to regain control of such well, the Oil and Gas Inspector may then employ any well control
expert or experts or other contractors or suppliers of special services, or may incur any other
expenses for labor and material which the Oil and Gas Inspector deems necessary to regain
control of such well. The City shall then have a valid lien against the interest in the well of all
working interest owners to secure payment of any expenditure made by the City pursuant to such
action of the Oil and Gas Inspector in gaining control of said well.
Sec. 9-26-16. Plugged and abandoned wells.
A. Surface requirements for plugged and abandoned well. Whenever abandonment
occurs pursuant to the requirements of the Commission, the Operator so abandoning shall be
responsible for the restoration of the well site to its original condition as nearly as practicable, in
conformity with the regulations of this Ordinance.
B. Abandonment Approval. Abandonment shall be approved by the Oil and Gas
InspectorCity in consultation with the Oil and Gas Inspector after restoration of the drill site has
TM 12512.2.00.AS/CDB.REV
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been accomplished in conformity with the following requirements at the discretion of the Oil and
Gas InspectorCity in consultation with the Oil and Gas Inspector:
(1) The derrick and all appurtenant equipment thereto shall be removed from drill site;
(2) All tanks, towers, and other surface installations shall be removed from the drill site;
(3) All concrete foundations, piping, wood, guy anchors and other foreign materials
regardless of depth, except surface casing, shall be removed from the site, unless
otherwise directed by the Commission;
(4) All holes and depressions shall be filled with clean, compactable soil;
(5) All waste, refuse or waste material shall be removed from the drill site; and
(6) During abandonment, Operator shall comply with all applicable sections in this
Ordinance.
C. Abandoned well requirement. The Operator shall furnish the following at the
discretion of the Oil and Gas InspectorCity in consultation with the Oil and Gas Inspector:
(1) A copy of the approval of the Commission confirming compliance with all
abandonment proceedings under the state law; and
(2) A notice of intention to abandon under the provisions of this section and stating the
date such work will be commenced. Abandonment may then be commenced on or
subsequent to the date so stated.
D. Abandonment Requirements Prior to New Construction. All abandoned or deserted
wells or drill sites shall meet the most current abandonment requirements of the Commission
prior to the issuance of any building permit for development of the property. No structure shall
be built over an abandoned well.
Sec. 9-26-17. Oil or Gas Inspector / Technical Advisor.
The City may from time to time employ a technical advisor or advisors who are
experienced and educated in the oil or gas industry or the law as it pertains to oil or gas matters.
The function of such advisor(s) shall be to advise, counsel or represent the City on such matters
relating to oil or gas operations within the City as the City may want or require and the effect
thereof, both present and future, on the health, welfare, comfort and safety of the citizens of the
City. In the event such Technical Advisor(s) is employed for the purpose of advising, counseling
or representing the City relative to an Operator's unique and particular set of circumstances, case
or request relating to this Ordinance, then the cost for such services of such technical advisor(s)
shall be assessed against and paid for by such Operator in addition to any fees or charges
assessed pursuant to this Ordinance. Prior to the employment of a Technical Advisor, the City
TM 12512.2.00.AS/CDB.REV
48
shall inform the Operator of the intended scope of work and the estimated costs and expenses.
The employment of a Technical Advisor shall be approved by the City Council.
Sec. 9-26-18. Appeals.
A. In addition to the hearing, Tthe City Council shall have and exercise the power to
hear and determine appeals where it is alleged there is error or abuse of discretion regarding the
issuance of an Oil or Gas Well Permit or the revocation or suspension of any Oil or Gas Well
Permit issued hereunder as provided by this Ordinance. Any person or entity whose application
is denied by the Oil and Gas Inspector or whose Oil or Gas Well Permit is suspended or revoked
or whose well or equipment is deemed by the Oil and Gas Inspector to be abandoned may, within
thirty (30) calendar days of the date of the written decision of the Oil and Gas Inspector file an
appeal to the City Council in accordance with the following procedure:
(1) An appeal shall be in writing and shall be filed in triplicate with the City Secretary.
The grounds for appeal must be set forth specifically, and the error described, by the
appellant.
(2) Within forty-five (45) calendar days of receipt of the records, the City Secretary shall
transmit all papers involved in the proceeding, place the matter on the City Council
agenda for hearing and give notice by mail of the time, place and purpose thereof to
appellant and any other party who has requested in writing to be so notified. No other
notice need be given.
B. Appeal fees shall be required for every appeal in the amount of three hundred ($300)
dollars.
Sec. 9-26-1918. Penalty.
A. It shall be unlawful and an offense for any person to do the following:
(1) Engage in any activity not permitted by the terms of a Oil or Gas Well Permit issued
under this Ordinance.
(2) Fail to comply with any condition set forth in a Oil or Gas Well Permit issued under
this Ordinance;
(3) Violate any provision or requirement set forth under this Ordinance; or
(4) Bring alcohol, controlled substances or firearms onto the drilling site at any time.
B. Any violation of this Ordinance shall be punished by a fine of not more than tow
thousand dollars ($2,000.00) per day, subject to applicable state law. Each day that a violation
exists shall constitute a separate offense.
Sec. 9-26-19. Civil Remedies.
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Any person, entity, corporation, partnership or association, owner or occupant that
operates an oil or gas well without a permit or in violation of the conditions or regulations of a
permit shall be declared a public nuisance which may be abated in conformance to Chapter 54 of
the Texas Local Government Code or by other forms of injunctive relief by a court of competent
jurisdiction. Any remedy provided for in this section shall be cumulative of any other remedy
provided in this article or the common law.”
SECTION 2. That this Ordinance shall be cumulative of all other ordinances of the city
of Coppell and shall not repeal any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are in direct conflict with the provisions of this
Ordinance.
SECTION 3. That all rights or remedies of the city of Coppell, Texas, are expressly
saved as to any and all violations of the City Code, or any amendments thereto that have accrued
at the time of the effective date of this ordinance; and as to such accrued violations, and all
pending litigation, both civil or criminal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 4. That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective
or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5. That any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any of the provisions of this
TM 12512.2.00.AS/CDB.REV
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ordinance shall be fined not more than two thousand dollars ($2000.00) for each offense. Each day
that a violation exists shall constitute a separate offense.
SECTION 6. That the City Secretary of the city of Coppell, Texas is hereby directed to
publish this ordinance for two (2) days in the official newspaper of the city of Coppell, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 20079
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 01/08/07 03/19/09)
Draft 03/1920/09 (21)
AS TM 12512.2.00CDB.REV
ORDINANCE NUMBER _________
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF COPPELL, AMENDING REPEALING ARTICLE 9-26, “OIL
AND GAS DRILLING AND PRODUCTION,” IN ITS ENTIRETY, AND
REPLACING WITH A NEW ARTICLE 9-26, “OIL AND GAS DRILLING
AND PRODUCTION,” REGULATING THE DRILLING AND
PRODUCTION OF OIL AND GAS WELLS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR INSPECTOR/TECHNICAL
ADVISOR; PROVIDING FOR OPERATOR’S AGENT; PROVIDING FOR
OIL OR GAS WELL PERMIT REQUIREMENTS; PROVIDING FOR
PERMIT APPLICATION AND FILING FEES; PROVIDING FOR
PERMIT PROCESS; PROVIDING FOR SETBACKS,; PROVIDING FOR
SCREENING, FOR OIL OR GAS WELL FACILITIES; PROVIDING FOR
LANDSCAPING,; PROVIDING FOR VEHICLE ROUTES; PROVIDING
FOR WORK HOURS,; PROVIDING FOR NOISE RESTRICTIONS;
PROVIDING FOR TANK SPECIFICATIONS; PROVIDING FOR THE
CONVEYANCE OF FUEL, WATER, OIL, GAS OR PETROLEUM;,
PROVIDING FOR THE ISSUANCE OF OIL OR GAS WELL PERMITS;
PROVIDING FOR AMENDED OIL OR GAS WELL PERMITS;
PROVIDING FOR SUSPENSION OR REVOCATION OF OIL OR GAS
WELL PERMITS; PROVIDING FOR PERIODIC REPORTS;
PROVIDING FOR BONDS, LETTERS OF CREDIT, INDEMNITY,
INSURANCE; PROVIDING BOND REQUIREMENTS AND TERMS;
PROVIDING FOR TECHNICAL REGULATIONS; PROVIDING FOR
CLEAN UP AND MAINTENANCE; PROVIDING FOR PLUGGED AND
ABANDONED WELLS; PROVIDING FOR APPEALS; PROVIDING FOR
CIVIL REMEDIES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2000) FOR EACH AND EVERY OFFENSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 9th day of January,
20097
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
TM 12512.2.00.AS/CDB.REV
52
LIBBY BALL, CITY SECRETARY
ORDINANCE NUMBER _________
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF COPPELL, REPEALING ARTICLE 9-26, “OIL AND GAS
DRILLING AND PRODUCTION,” IN ITS ENTIRETY, AND REPLACING
WITH A NEW ARTICLE 9-26, “OIL AND GAS DRILLING AND
PRODUCTION,” REGULATING THE DRILLING AND PRODUCTION
OF OIL AND GAS WELLS; PROVIDING FOR DEFINITIONS;
PROVIDING FOR INSPECTOR/TECHNICAL ADVISOR; PROVIDING
FOR OPERATOR’S AGENT; PROVIDING FOR OIL OR GAS WELL
PERMIT REQUIREMENTS; PROVIDING FOR PERMIT APPLICATION
AND FILING FEES; PROVIDING FOR PERMIT PROCESS;
PROVIDING FOR THE ISSUANCE OF OIL OR GAS WELL PERMITS;
PROVIDING FOR AMENDED OIL OR GAS WELL PERMITS;
PROVIDING FOR SUSPENSION OR REVOCATION OF OIL OR GAS
WELL PERMITS; PROVIDING FOR PERIODIC REPORTS;
PROVIDING FOR BOND, INDEMNITY, INSURANCE; PROVIDING
BOND REQUIREMENTS AND TERMS; PROVIDING FOR TECHNICAL
REGULATIONS; PROVIDING FOR CLEAN UP AND MAINTENANCE;
PROVIDING FOR PLUGGED AND ABANDONED WELLS; PROVIDING
FOR APPEALS; PROVIDING FOR CIVIL REMEDIES; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE OF A
FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000) FOR
EACH AND EVERY OFFENSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, there has been increased interest in oil and gas drilling and production
within the city of Coppell;
WHEREAS, On January 9, 2007 City Council adopted Ordinance No. 2007-1150
regulating gas drilling within the city limits of Coppell. ;
WHEREAS, the City Council finds that the drilling and production of oil and gas within
the city limits without comprehensive regulations could affect the health, safety and welfare of
its citizens;
WHEREAS, the City Council deems it necessary to revise the existing comprehensive
regulations for the drilling and production of oil and gas within the city limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
T
2
SECTION 1. The Code of Ordinances of Coppell, Texas, is hereby amended by
repealing Article 9-26 entitled “Oil and Gas,” in its entirety, and replace the same with a new
Article 9-26, “Oil and Gas,” which reads as follows:
“ARTICLE 9-26. OIL AND GAS DRILLING
Sec. 9-26-1. Purpose.
The exploration, development and production of oil and 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, and to
prevent destruction of property and protect watersheds within the City. 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 oil and gas and other substances produced in association
with oil and 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. 9-26-2. Definitions.
All technical industry words or phrases related to the drilling and production of oil and
gas wells not specifically defined in this Ordinance shall have the meanings customarily
attributable thereto by prudent and reasonable oil and gas industry operators, the Texas Railroad
Commission, the Texas Commission for Environmental Quality (TCEQ) and the Environmental
Projection Agency (EPA). The following words, terms and phrases, when used in this Ordinance,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Abandonment means “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 means 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.
Blanket Permit means a permit approved and issued for multiple wells/drill pads located
on the same tract of land.
Blowout preventer means 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
T
3
tubular goods which completely close the top of the casing and are designed for preventing
blowouts.
Building means 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.”
Cathodic protection means an electrochemical corrosion control technique accomplished
by applying a direct current to the structure that causes the structure potential to change from
the corrosion potential to a protective potential in the immunity region. The required cathodic
protection current is supplied by sacrificial anode materials or by an impressed current system.
City means the City of Coppell and/or any of its authorized agents, employees or
representatives, including but not limited to inspectors, consultants or other city inspectors.
City Attorney means the City Attorney of the city of Coppell.
City Code means the Code of Ordinances of the City of Coppell.
City Council means the governing body of the City of Coppell as constituted under its
Home Rule Charter.
City Regulated Pipelines means pipelines within the City that under federal and state
rules and regulations are not exempt from City regulations and ordinances regarding mapping,
inventory, locating or relocating of pipelines for the collection, distribution, or transmission of
oil or gas.
Closed Loop Drilling system is a system of drilling whereby natural materials (earth) is
pumped up from the bore hole and are captured in legally required containment equipment and
hauled off to environmentally approved disposal sites.
Commission means the Texas Railroad Commission.
Completion of drilling, re-drilling and re-working means the date the work is completed
for the drilling, re-drilling or re-working and the first gas is flowing,
Containment means controlling the unplanned or accidental spillage or flow of any
substance capable of causing pollution, including but not limited to smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids or gases, drilling fluids including muds, or other irritants.
Decibel (db) means a unit for measuring the intensity of a sound/noise and is equal to 10
times the logarithm to the base 10 of the ratio of the measured sound pressure squared to a
reference pressure which is 20 micropascals.
Demobilization means those activities when the drilling has ceased and is completed and
the rig equipment and related pad site equipment is being dismantled for the purpose of moving
or relocating.
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Derrick means 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 oil and gas.
Drilling means digging or boring a new well for the purpose of exploring for, developing
or producing oil, gas or other hydrocarbons, or for the purpose of injecting gas, water or any
other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned
well. Drilling does not mean or include the re-entry of a well that has not been abandoned.
Drilling equipment means 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 means the premises used during the drilling or re-working of a well or wells
located there and subsequent life of a well or wells or any associated operation.
Exploration means geologic or geophysical activities, including seismic surveys, related
to the search for oil, gas or other subsurface hydrocarbons.
Fire Department means the Fire Department of the city of Coppell.
Flowback means the process of flowing a completed/fractured well for the purpose of
recovering water and residual sand from the gas stream prior to sending gas down a sales line.
Fracing is the term describing how the gas is freed from the shale rock. It is done by forcing
sand and water down into the well hole under great pressure, thus fracturing the shale which
permits the gas to escape from the rock.
Freshwater Fracture Pit means a pit used for the collection and storage of fresh water for
the purpose of fracture stimulation of gas wells
Fresh Water means water obtained from any source (natural or reuse) that contains 3000
ppm chlorides of less or as defined by the Texas Railroad Commission. Gas means 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
and/or as defined by the Railroad Commission.
Oil and gas well means any well drilled, to be drilled, or used for the intended or actual
production of oil or natural gas, or classified as a gas well in the Texas Natural Resources Code
and regulated by the Texas Railroad Commission.
Habitable Structures means any building or structure used, or intended for use, on a day-
to-day basis by people for residential purposes, or for purposes of conducting a commercial or
industrial business, or for purposes of a similar nature,including but not limited to religious
institution, public building, hospital, school, or public park. This definition includes any structure
for which a certificate of occupancy is required.
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Inspector means the Oil and Gas Inspector/Technical Advisor designated by the City
Manager of Coppell.
Multiple Well Site Permit means that permit required when there is an application
submitted for the placement of more than one well on a pad site or an application to place
additional wells on an existing pad site where a single well exists.
Non-Residential Uses are uses other than residential as herein defined.
Open Loop Drilling System is a system of drilling whereby earth is drilled up from the
well flows into holding tanks and the frac pond thus being allowed to settle so that the frac
water can be reused. Open Loop Systems shall not be permitted. –
Operation site means the area used for development and production and all operational
activities associated with oil or gas after drilling activities are complete.
Operator means, for each well, the person listed on the Railroad Commission Form W-1
or Form P-4 for an oil or 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 an oil or 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 oil or 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 means the permit required by the city of Coppell for any proposed well.
Person means both the singular and the plural and means a natural person, a corporation,
association, guardian, partnership, receiver, trustee, administrator, executor, and fiduciary or
representative of any kind.
Public building means 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, hotels, motels, dance halls, exhibition halls, museums,
gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants, hospitals,
government buildings, schools, colleges and universities.
Public park means any land area dedicated to and/or maintained by the City for
traditional park-like recreational purposes.
Reduced Emission Completion (Green Completion) means techniques or methods that
minimize the release of natural gas and vapors to the environment when a well is being flowed
during the completion or re-completion phase of a gas well.
Re-drill or reworking means re-completion of an existing well by deepening or sidetrack
operations extending more than one hundred fifty (150) feet from the existing well bore.
Religious Institution means any building in which persons regularly assemble for religious
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worship and activities intended primarily for purposes connected with such worship or for
propagating a particular form of religious belief.
Residence or Residential means a house, duplex, apartment, townhouse, condominium,
mobile home Residence shall include assisted living facility, assisted care facilty, nursing
homes (both intermediate care facilities and skilled nursing facilities), substance abuse
treatment facility, group homes and half-way houses, or any other building designed for
dwelling purposes, including those for which a building permit has been issued on the date the
application for an Oil or Gas Well Permit is filed with the City.
Re-working means 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 means public rights-of-way including streets, alleys, easements and other
property within the City and which is dedicated to the use and benefit of the public.
School means any public and private, primary, secondary and higher educational facilities
providing education up through and including the twelfth grade and college level and any
licensed day care centers, meaning a facility 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.
Seismic activity is that activity performed before a well is drilled to determine the quality
of the materials beneath the proposed drilling site. This process different transmitted
frequencies into the earth and bounced back at different speeds to show a “seismic picture” of
the structure to be drilled. It reveals to potential drillers where not to drill more than where to
drill.
Spud means the first time the drill bit enters the ground for gas well drilling and
production.
Street means any street, highway, sidewalk, alley, avenue, recessed parking area or other
public right-of-way, including the entire right-of-way.
Tank means a container, covered or uncovered, used in conjunction with the drilling or
production of oil, gas or other hydrocarbons for holding or storing fluids.
Technical advisor means such person(s) familiar with and educated in the oil or gas
industry or the law as it relates to oil or gas matters who may be retained from time to time by
the City.
Well means a hole or holes, bore or bores, to any horizon, formation, or strata for the
purpose of producing oil, gas, liquid hydrocarbon, brine water or sulfur water, or for use as an
injection well for secondary recovery, disposal or production of oil, gas or other hydrocarbons
from the earth.
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Sec. 9-26-3. Oil and Gas Inspector/Technical Advisor.
A. Authority.
(1) The City Manager shall designate an Oil and Gas Inspector/Technical Advisor who
shall in coordination with his office enforce the provisions of this Ordinance. The Oil
and Gas Inspector shall have the authority to issue any orders or directives required to
carry out the intent and purpose of this Ordinance and its particular provisions.
Failure of any person to comply with any such order or directive shall constitute a
violation of this Ordinance.
(2) The Oil and Gas Inspector shall have as a condition to receiving a permit the
authority to enter and inspect any premises covered by the provisions of this
Ordinance to determine compliance with the provisions of this Ordinance and all
applicable laws, rules, regulations, standards or directives of the State. Failure of any
person to permit access to the Oil and Gas Inspector shall constitute a violation of this
Ordinance and constitute noncompliance with its permit obligations. The Oil and Gas
Inspector shall conduct periodic and routine inspections at least once a year 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.
(3) The Oil and Gas Inspector shall have the authority to request and receive any records,
including any records sent to the Commission, logs, reports and the like, relating to
the status or condition of any permitted well necessary to establish and determine
compliance with the applicable Oil or Gas Well Permit. Failure of any person to
provide any such requested material shall be deemed and constitute a violation of this
Ordinance.
B. Duties; fees. The City may from time to time employ a technical advisor or advisors
who are experienced and educated in the oil or gas industry or the law as it pertains to oil or gas
matters. The function of such advisor(s) shall be to advise, counsel or represent the City on such
matters relating to oil or gas operations within the City as the City may want or require and the
effect thereof, both present and future, on the health, welfare, comfort and safety of the citizens
of the City. In the event such Technical Advisor(s) is employed for the purpose of advising,
counseling or representing the City relative to an Operator's case or request relating to this
Ordinance, then the cost for such services of such technical advisor(s) shall be assessed against
and paid for by such Operator in addition to any fees or charges assessed pursuant to this
Ordinance. Prior to the employment of a Technical Advisor, the City shall inform the Operator
of the intended scope of work and the estimated costs and expenses. The employment of a
Technical Advisor shall be approved by the City Council.
Sec. 9-26-4. Operator's Agent.
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Every Operator of any well shall designate an agent, who is a resident of the State of
Texas, 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 Oil and Gas Inspector in writing of any change in such agent or such mailing
address unless operations within the City are discontinued.
Sec. 9-26-5. Oil or Gas Well Permit Required.
A. A person wanting to engage in and operate in oil or gas production activities shall
apply for and obtain an Oil or Gas Well Permit. It shall be unlawful for any person acting either
for himself or acting as agent, employee, independent contractor, or servant for any person to
drill any well, assist in any way in the site preparation, re-working, fracturing or operation of any
such well or to conduct any activity related to the production of oil or gas without first obtaining
an Oil or 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.
B. Seismic Surveys. A permit shall not be required for seismic surveys.
C. The Operator must apply for and obtain a separate Oil or Gas Well Permit for the
drilling, re-drilling, deepening, re-entering, activating or converting of each well whether or not
contained within a single pad site.
D. An Oil or Gas Well Permit shall not constitute authority or create a property right or
interest for the re-entering and drilling of an abandoned well. An Operator shall obtain a new Oil
or Gas Well Permit in accordance with the provisions of this Ordinance if the Operator is re-
entering and drilling an abandoned well.
E. When an Oil or Gas Well Permit has been issued to the Operator for the drilling, re-
drilling, deepening, re-entering, activating or converting of a well, such Oil or Gas Well Permit
shall constitute sufficient authority for drilling, operation, production gathering or production
maintenance, repair, re-working, testing, plugging and abandonment of the well and/or any other
activity associated with mineral exploration at the site of such well, provided, however, that a
new or supplemental permit shall be obtained before such well may be reworked for purposes of
re-drilling, deepening or converting such well to a depth or use other than that set forth in the
then current permit for such well.
F. Any person who intends to re-work a permitted well using a drilling rig, to fracture
stimulate a permitted well after initial completion or to conduct seismic surveys or other
exploration activities on the area covered by a permit shall give written notice to the City or its
authorized representative no less than ten (10) calendar days before the activities begin. The
notice must identify where the activities will be conducted and must describe the activities in
detail, including whether explosive charges will be used, the duration of the activities and the
time the activities will be conducted. The notice must also provide the address and 24-hour
phone number of the person conducting the activities. If requested by the City or its authorized
representative, the person conducting the activities will post a sign on the property giving the
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public notice of the activities, including the name, address and 24-hour phone number of the
person conducting the activities. If the Oil and Gas Inspector determines that an inspection by
the Oil and Gas Inspector is necessary, the Operator will pay the City for the inspection.
The following requirements shall apply to all fracture stimulation operations performed
on a well within 1,000 feet of any habitable structure (not used in operations on the drilling site)
including, but not limited to residence, religious institution, public building, hospital, school,
public park, or any business: 1) at least 48 hours before operations are commenced, the operator
shall post a sign at the entrance of the well site advising the public of the date the operations will
commence; 2) Written notice of all property owners within 1,000 feet of the pad site. 3)
“flowback” operations to recover fluids used during fracture stimulation shall be performed
during daylight hours only unless the City approves such operations during non-daylight hours;
4) a watchman shall be required at all times during such operations; and 5) at no time shall the
well be allowed to flow or vent directly to the atmosphere without first directing the flow
through separation equipment or into a portable tank.
G. An Oil or Gas Well Permit shall automatically terminate, unless extended, if
drilling is not commenced within one hundred eighty (180) days from the date of the issuance of
the oil or gas well permit . Drilling must commence within one hundred eighty (180) days from
the date of the issuance of the oil or gas well permit on at least one well under a “multiple well
permit,” in order to maintain the validity of the Oil or Gas Well Permit for the multiple wells. An
Oil or Gas Well Permit may be extended by the City in consultation with Oil and Gas Inspector
for an additional one hundred eighty (180) days upon request by the Operator and proof that the
site plan for the requested Oil or Gas Well permit for such location has not changed. After
approval of a multiple well site, individual permits shall be required for each well.
H. The Oil or Gas Well Permits required by this Ordinance are in addition to and are not
in lieu of any permit which may be required by any other provision of this Code or by any other
governmental agency.
I. No additional Oil or Gas Well Permit or filing fees shall be required for:
(1) any wells, existing, previously permitted or approved by the City, within the
corporate limits of the City on the effective date of this Ordinance which are
currently operating; or
(2) any wells which drilling has commenced on the effective date of this Ordinance.
A person shall have forty-five (45) calendar days after the enactment of this Ordinance to
designate an oil or gas operation as a pre-existing operation by filing a site plan drawn to scale
that shows the location of the well with respect to survey lines and the associated production
facilities, if any, with the Oil and Gas Inspector.
J. An Oil or Gas Well Permit shall not be issued for any well to be drilled within any
designated floodway or floodplain as defined and adopted by the City.
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K. No Oil or Gas Well Permit shall be issued for any well to be drilled on City owned
property without the prior consent of the City Council. The City Council shall review the
insurance and security requirements on an individual basis prior to issuing of any permit or
permission to enter city property.
L. By acceptance of any Oil or Gas Well Permit issued pursuant to this Ordinance, the
Operator expressly stipulates and agrees to be bound by and comply with the provisions of this
Ordinance. The terms of this Ordinance shall be deemed to be incorporated in any Oil or Gas
Well Permit issued pursuant to this Ordinance with the same force and effect as if this Ordinance
was set forth verbatim in such Oil or Gas Well Permit.
Sec. 9-26-6. Oil or Gas Well Permit application and filing fees.
A. Every application for an Oil or Gas Well Permit issued pursuant to this Ordinance
shall be in writing signed by the Operator, or some person duly authorized to sign on his behalf,
and filed with the city of Coppell.
B. Every application, including new and amended permits, shall be accompanied by a
permit fee as established by resolution of the City Council. This permit fee is in addition to other
fees that may be charged. Annual inspection fees as established by resolution of the City
Council shall also be assessed.
C. The application shall include the following information:
(1) The date of the application and type or types of Oil or Gas Well Permit
requested. If Multiple Well Permit, maximum number of wells.
(2) An accurate legal description of the lease property to be used for the oil or gas
operation, the parcel and the production unit and name of the geologic
formation as used by the Commission. Property recorded by plat should
reference subdivision, block and lot numbers.
(3) Map showing proposed transportation route and road for equipment, chemicals
or waste products used or produced by the oil or gas operation.
(4) Proposed well name(s).
(5) Surface owner names(s), address(es) and signature(s) of the lease property.
(6) Mineral Lessee name and address.
(7) Operator/Applicant name and address and if the Operator is a corporation, the
state of incorporation, and if the Operator is a partnership, the names and
addresses of the general partners, with a copy of the form of business
documentation.
(8) Name and address of individual designated to receive notice.
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(9) Name of representative with supervisory authority over all oil or gas operation
site activities and a 24-hour phone number.
(10) Location and description of all improvements and structures within one
thousand, 1,000 feet of the pad site
(11) Owner and address of each parcel of property within one thousand, 1,000 of the
proposed pad site.
(12) A surveyed site plan of the proposed operation site shall display a Registered
Professional Land Surveyor seal, a legend with scale for measurements and a
complete legal description. The detailed site plan of the proposed operation
site showing the location of all improvements and equipment, including the
location of the proposed well(s) and other facilities, including, but not limited
to, tanks, pipelines, compressors, separators and storage sheds and their
distances from any public rights-of-way and all structures within 1,000 feet of
the pad site boundary, and temporary and/or permanent screening devises, as
necessary.
(13) The name, address and 24-hour phone number of the person to be notified in
case of an emergency.
(14) The exact and correct acreage and number of wells, if applicable, included in
the Oil or Gas Well Permit application.
(15) Copies of all reports required by the Commission.
(16) A signed Road Maintenance Agreement supplied by the City that provides that
the Operator shall repair, at his own expense, any damage to roads, streets, or
highways caused by the use of heavy vehicles for any activity associated with
the preparation, drilling, production, and operation of oil or gas wells.
(17) A description of public utilities required during drilling and operation.
(18) A description of the water source to be used during drilling or operation.
(19) A copy of the approved Commission permit to drill together with attachments
and survey plats which are applicable to the drill and operation sites.
(20) A copy of the determination by the Texas Commission on Environmental
Quality (TCEQ) of the depth of useable quality ground water.
(21) Evidence from DFW Airport that the drilling rig will not adversely effect the
DFW Flight Pattern Overlay.
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(22 ) A Hazardous Materials Management Plan shall be on file with the Fire Marshal.
Any updates or changes to this plan shall be provided to the Fire Marshal within
3 working days of the change. All chemicals and/or hazardous materials shall be
stored in such a manner as to prevent, contain, and facilitate rapid remediation
and clean-up of any accidental spill, leak, or discharge of a hazardous material.
Operator shall have all material safety data sheets (MSDSs) for all hazardous
materials on site. All applicable federal and state regulatory requirements for the
proper labeling of containers shall be followed. Appropriate pollution
prevention actions shall be required and include, but are not limited to, chemical
and materials raised from the ground (e.g., wooden pallets), bulk storage,
installation and maintenance of secondary containment systems, and protection
from storm water and weather elements.
(23) Evidence of insurance and security requirements under this Ordinance.
(24) A statement, under oath, signed by the Operator, or designated representative,
that the information submitted with the application is, to the best knowledge and
belief of the Operator or designated representative, true and correct.
(25) All required application and Oil or Gas Well Permit fees.
(26) If any existing trees, 6 inch caliper or greater are to be removed and/or
disturbed, then a Tree Mitigation Plan and Tree Removal Permit must be
obtained in accordance with Section 12-34-2, as amended, of the Coppell Code
of Ordinances.
(27) An indemnification, release and discharge of the City of any liability as
specified in Section 9-26-12, Insurance Bond, and Indemnity, Section 5 of this
Ordinance.
(28) A video documenting existing conditions of the City streets that will be used by
truck traffic to the site, plus a video of the property being used for the Drill Site.
(29) In addition to obtaining an Oil or Gas Well Permit and before establishing a
Drill Site and access road, the Operator must obtain the necessary permits from
the City Building Inspections Department and a grading permit from the City
Engineering Department.
(30) Noise Management Plan as outlined in Section 9-26-7(I)
Sec. 9-26-7. Oil or Gas Well Permit process.
A. Permit Required.
1. No person shall drill, maintain or operate an Oil or Gas drilling or other operation
of such well within the jurisdictional limits of the City or its extraterritorial
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jurisdiction unless having first obtained a permit issued in accordance with this
article.
2. The City Manager or designee shall, after application and payment of applicable
fees, shall issue a permit subject to the conditions and provisions of this article.
3. No oil or gas permit can be issued to any person if the pad site is within 300 feet
of any habitable structure.
4. No Oil and Gas Well permit shall be issued within 1,000 feet of any of any
habitable structure(not used in operations on the drilling site), including, but not
limited to residence, religious institution, public building, hospital, school, public
park, or any business; unless approved by the City Council after a public hearing
as provided in this article. The City Council may approve, in its sole discretion,
an application within 1,000 feet to over 300 feet from non-residential, habitable
structures as herein defined (not used in operations on the drilling site) and 500
feet from habitable residential structures as herein defined including, but not
limited to residence, religious institution, public building, hospital, school, public
park, if the City Council, if after review of the application, they determine that
adequate provisions have been made in accordance with this article and there is
adequate safeguard of the health, safety and welfare of the habitable structure and
general public.
5. Oil and Gas Wells and the drilling thereof shall only be permitted only in areas
zoned LI –“Light Industrial,” PD-LI –“Planned Development – Light Industrial,”
or A – “Agricultural.”
6. A public hearing for an oil or gas well permit seeking a setback within 1,000 feet
of any habitable structure shall be required for all permit applications.
For the purpose of a such an oil or gas well permit the measurement of the one thousand
foot (1,000) distance shall be made from the edge of the pad site the property line of the
habitable structure, in a straight line, without regard to intervening structures or objects, to the
closest exterior point of the building.
B. Application Requirements. An application for an Oil or Gas Well Permit shall
include all information, documents, permits and plans as required in Sec 9-26-6, Oil or Gas Well
Permit Application and Filing Fees as herein defined.
C. Permitting Procedure.
1. After a complete Permit application is submitted, the City shall determine the
administrative completeness of the application and evaluate the public impact of
the proposed activity. The City, shall, after payment of the permit fee, consider
the proposed site and the proposed operations or drilling program and shall
identify restrictions or conditions, including minimum separation distance for
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drilling or other operations, special safety equipment and procedures, noise
reduction levels, screening. The City, in addition to the requirements of this
article, may require and impose other reasonable restrictions or conditions to a
proposed permit in order to assure and protect the adjacent property owners,
occupants and the general health, safety and welfare. The City Manager or his
designee may, consistent with this article, issue an oil and gas drilling permit
which conforms to the requirements of the application in compliance with this
article.
2. Any applications which seeks to be located within 1,000 feet of a habitable
structure as herein defined and seeks a setback distance exception shall require
a public hearing before the City Council. Within forty-five (45) calendar days
of receipt of a complete application which seeks to be located within 1,000 feet
as stated in subsection 9-26-7, the City shall place the matter on the City
Council agenda for a public hearing and give notice by mail of the time, place
and purpose thereof to the applicant and any other party who has requested in
writing to be so notified. The forty-five (45)-day period shall not begin to run
until the applicant/operator has provided the City with a complete application
package.
3. At least fifteen (15) calendar days, and no more than thirty (30) calendar days
prior to the date of the public hearing before the City Council for an Oil or Gas
Well Permit under this Ordinance, Operator shall notify, at Operator’s expense,
each surface owner of property, as shown by the current tax roll, within 1,000
feet of the proposed well not owned by or under lease to the Operator of the
hearing place, date and time. Such notice, as outlined below, shall be made by
depositing the same, properly addressed and postage paid, in the United States
mail. The Operator shall file an affidavit with the City showing the name and
last known address, as identified by the current tax roll, of each owner of
property to whom notice was mailed and the names of each owner of property
to whom notice is required to be given, but whose address is unknown. Notice
shall be sent to all neighborhood/property associations registered with the City
within one-half mile of the proposed drill site.
4. At least fifteen (15) calendar days prior to the date of the public hearing before
the City Council for an Oil or Gas Well Permit under this Ordinance, the
Operator shall, at Operator’s expense, erect at least one sign, no less than three
feet by three feet, upon the premises upon which an Oil or Gas Well Permit has
been requested. Where possible, the sign or signs shall be located in a
conspicuous place or places upon the property at a point or points nearest any
right-of-way, street, roadway or public thoroughfare adjacent to such property.
(a) The sign(s) shall substantially indicate that an Oil or Gas Well Permit to
drill for oil or gas has been requested and state the date, time and place of
the public hearing, and shall further set forth that additional information
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can be acquired by telephoning the applicant/Operator or the city of
Coppell at the numbers indicated on the sign.
(b) The continued maintenance of any such sign(s) shall be deemed a
condition precedent to the holding of any public hearing or to any other
official action concerning this Ordinance.
(c) Any sign(s) shall be removed within 10 calendar days after final action by
the City Council
5. At least fifteen (15) calendar days, and no more than thirty (30) days prior to
the date of the public hearing before City Council for an Oil or Gas Well Permit
under this Ordinance, Operator shall publish a copy of the notice as outlined
below, at Operator’s expense, in the legal newspaper of the City for two (2)
consecutive weeks. An affidavit by the printer or publisher of the newspaper
indicating publication of the notice shall be filed with the application and will
be prima facie evidence of such publication. The notice shall read as follows:
‘Notice is hereby given that, acting under and pursuant to the
Ordinances of the city of Coppell, Texas, on the _______day of
___________, 20___, ____________ filed with the city of
Coppell, an application for an Oil or Gas Well Permit to drill,
complete and operate a well for oil or gas upon property located
at ________________, __________ County, Coppell, Texas,
more particularly shown on the map of record in Volume
________, Page _____, Plat records of ______County, Texas or
per Tax Tract Number _______, _________County, Texas. The
City Council will conduct a public hearing on the request for said
permit on the ________ day of __________, 20___ at
_____o’clock __.m. in the City Council Chambers located at 255
Parkway Boulevard, Coppell, Texas.’
The notice shall also contain a location map sufficient to identify
the proposed well site(s) as well as all properties within 1,000
feet of the boundary of the pad site.
6. All notice provisions contained herein shall be deemed sufficient upon
substantial compliance with this section and are in addition to other notices
which may otherwise be required.
7. After a Permit application is submitted, the City shall evaluate the public
impact of the proposed activity. The City shall consider the proposed site and
the proposed operations or drilling program and shall draft recommended
restrictions or conditions, including minimum separation distance for drilling or
other operations, special safety equipment and procedures, recommended noise
reduction levels, screening and any other requirements the City deems
appropriate. The recommendations shall be submitted to the City Council for
consideration prior to any public hearing.
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8. Prior to the public hearing and before the City Council considers the merits of
the application and the recommendations of the City, the applicant/operator
shall provide evidence of a certificate of publication establishing timely
publication of the notice of the hearing, that timely actual notice of the hearing
was given to all persons as required by this Ordinance and that the
Applicant/Operator has otherwise complied with or satisfied all other
requirements of this Ordinance, including full and complete compliance with
the insurance and security requirements.
9. The burden of proof on all matters considered in the hearing shall be upon the
Applicant/Operator.
10. The City Council shall review the application and any other related information
and shall consider the following in deciding whether to grant a Oil or Gas Well
Permit:
(a) Whether the operations proposed are reasonable under the circumstances
and conditions prevailing in the area considering the particular location
and the character of the improvements located there;
(b) Whether the drilling of such wells would conflict with the orderly growth
and development of the City;
(c) Whether there are other alternative well site locations;
(d) Whether the operations proposed are consistent with the health, safety and
welfare of the public when and if conducted in accordance with the Oil or
Gas Well Permit conditions to be imposed;
(e) Whether there is sufficient access for the City fire personnel and fire
fighting equipment;
(f) The recommendations of the City, after administrative review, in
consultation with the appropriate representatives and/or consultants; and
(g) Whether the impact upon the adjacent property and the general public by
operations conducted in compliance with the Oil or Gas Well Permit
conditions are reasonable and justified, balancing the following factors:
i. The right of the owners(s) of the mineral estate to explore, develop,
and produce the minerals; and
ii. The availability of alternative drill sites.
11. The City Council may require an increase in the distance the well is setback
from public rights-of-way or any habitable structure, (not used in operations on
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the drilling site) including, but not limited to residence, religious institution,
public building, hospital, school, public park, or any business, or require any
change in operation, plan, design, layout or any change in the on-site and
technical regulations of this Ordinance, including fencing, screening,
landscaping, lighting, delivery times, noise levels, tank height, or any other
matters reasonably required by public interest.
12. The City Council may, consistent with State law, accept, reject or modify the
application in the interest of securing compliance with this Ordinance, the City
Code of Ordinances and/or to protect the health, safety and welfare of the
community.
D. Wells Setbacks for Oil or Gas Well Permit.
1. Except as otherwise provided in this ordinance, it shall be unlawful to drill any
well, the boundary of which, at the surface of the ground, is located within
1,000 feet of any habitable structure, (not used in operations on the drilling site)
including, but not limited to residence, religious institution, public building,
hospital, school, public park, or any business. This provision applies to any
habitable structure (not used in operations on the drilling site), including, but
not limited to residence, religious institution, public building, hospital, school,
public park, or any business which a building permit has been issued on the date
the application for a permit is filed with the City or its authorized representative.
For the purpose of an Oil or Gas Well Permit the measurement of the 1,000 foot
distance shall be made from the boundary of the well site, in a straight line,
without regard to intervening structures or objects, to the closest exterior point
of the building.
2. This setback distance may be reduced by the City Council to less than 1,000
feet, but not less than three hundred (300) feet from any habitable, non-
residential structure, (not used in operations on the drilling site)and three
hundred (300) feet of any habitable residential including, but not limited to
residence, religious institution, public building, hospital, school, and public
park, only when there is the unanimous consent of the property owners within a
the 1,000 foot radius around said well and the affirmative vote of not less than
three-fourths of all the members of the City Council. For protection of the
public health, safety and welfare, the City Council may impose additional
requirements for a reduction of such distance.
3. Tank batteries, facilities and equipment (other than the well itself), shall be
located at least 1,000 feet from any habitable structure, (not used in operations
on the drilling site) including, but not limited to residence, religious institution,
public building, hospital, school, public park, or any business for which a
building permit has been issued on the date of the application for a drilling
permit is filed. The distance shall be calculated from the closest tank batteries,
facilities and/or equipment, in a straight line, without regard to intervening
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structures or objects, to the closest exterior point of the building, unless
otherwise authorized by the City Council.
E. Screening for Oil or Gas Well Facilities
1. A screening wall, a minimum of eight (8) feet, but not to exceed ten (10) feet,
shall enclose all completed wells, tanks and compressors within 30 days of the
first well goes into production, and shall be constructed of the following
materials:
(a) Brick and/or stone;
(b) Pre-cast concrete wall when architecturally compatible with existing tilt
wall constructed on adjacent industrial/warehouse buildings and property
within close proximity.
2. Gate Specifications. All masonry walls shall be equipped with at least one (1)
gate. The gate shall meet the following specifications:
(a) Each gate shall be not less than twelve (12) feet wide and be composed of
two (2) gates, each of which is not less than six (6) feet wide, or one (1)
sliding gate not less than twelve (12) feet wide. If two (2) gates are used,
gates shall latch and lock in the center of the span;
(b) The gates shall be of metal frame and wooden veneer construction that
meets the applicable specifications, or of other approved material;
(c) The gates shall be provided with a combination catch and locking
attachment device for a combination padlock, and shall be kept locked
except when being used for access to the site; and
(d) Operator must provide the Oil and Gas Inspector with the padlock
combination.
(e) Operator must provide the City Fire Marshal with a “Knox Padlock” or
“Knox Box with a key” to access the well site to be used only in case of an
emergency.
F. Landscaping. Landscaping and irrigation shall be required along all street frontages
of the well site with suitable screening shrubs that complement the architectural character of the
surrounding developments.
1. A landscape buffer shall be a minimum of 15 feet in depth.
2. Plants and materials used in living barriers shall be at least 30 inches in height at
the time of planting and shall be of a type and species that will attain a
minimum height of three feet one year after planting.
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3. Perimeter landscape areas shall contain at least one evergreen tree (such as
Austrian Pines and Eastern Red Cedar) for each 40 linear feet or fraction
thereof of perimeter landscape area.
G. Vehicle Routes for Oil or Gas Well Permit. Vehicles associated with drilling and/or
production in excess of three tons shall be restricted to such streets designated as
either truck routes or commercial delivery routes by the City Code wherever capable
of being used. The vehicles shall be operated on a truck route wherever capable of
being used; they shall be operated on a commercial delivery route only when it is not
possible to use a truck route to fulfill the purpose for which such vehicle is then being
operated. Commercial delivery route means any street or highway so designated by
the City Council for the use by any commercial motor vehicle, truck-tractor, trailer,
semi-trailer, or any combination thereof. Refer also to the Road Repair Agreement
required to be executed with the Oil and Gas Permit.
H. Work Hours for Oil or Gas Well Permit. Site development, other than drilling, shall
be conducted only between sunrise and sunset. Truck deliveries of equipment and
materials associated with drilling and/or production, well servicing, site preparation
and other related work conducted on the well site shall be limited to between sunrise
and sunset, except in cases of fires, blowouts, explosions and any other emergencies
or where the delivery of equipment is necessary to prevent the cessation of drilling or
production. When within 1,000 feet of a habitable structure, flagmen shall be used in
lieu of reverse alarms/horns.
I. Noise Restrictions for Oil or Gas Well Permit.
1. Prior to the issuance of a gas well permit and the commencement of
operations, the Operator shall submit a noise management plan, as
approved by the City, detailing how the equipment used in the drilling,
completion, transportation, or production of a well complies with the
maximum permissible noise levels of this Section. The noise management
plan shall include:
a. Identify operation noise impacts;
b. Provide documentation establishing the Ambient Noise Level prior to
construction of any wellhead, compressor or compression facility;
c. Detail how the impacts will be mitigated. In determining noise mitigation,
specific site characteristics shall be considered, including but not limited to
the following:
i. Nature and proximity of adjacent development, location, and type;
ii. Seasonal and prevailing weather patterns, including wind directions;
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iii. Vegetative cover on or adjacent to the site; and
iv. Topography.
The Operator shall be responsible for verifying compliance with this section and
the noise management plan after the installation of the noise generation
equipment
2. No well shall be drilled, redrilled or any equipment operated at any location
within the city in such a manner so as to create any noise which causes the
exterior noise level when measured at the nearest Use receiver’s/receptor’s
property line or from the closest exterior point of the Use structure if access to the
property is granted by the receiver/receptor, that:
a. Exceeds the Ambient Noise Level by more than five (5) decibels during
daytime hours and more than three (3) decibels during nighttime hours;
b. Exceeds the Ambient Noise Level by more than 10 decibels during fracturing
operations during daytime hours. No fracturing shall be allowed during
nighttime hours except as provided in c. below.
c. Exceeds the Ambient Noise Level by more than three (3) decibels during
flowback operations or any other ancillary fracturing operations during
nighttime hours;
d. Creates pure tones where one-third octave band sound-pressure level in the
band with the tone exceeds the arithmetic average of the sound-pressure levels
of two contiguous one-third octave bands by 5 dB for center frequencies of
500 Hertz and above, and by 8 dB for center frequencies between 160 and 400
Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz; or
e. Creates low-frequency outdoor noise levels that exceed the following dB
levels:
16 Hz octave band: 65 dB
32 Hz octave band: 65 dB
64 Hz octave band: 65 dB
3. The Operator shall be responsible for establishing and reporting to the City a
continuous seventy-two (72) hour pre-drilling Ambient Noise Level prior to the
issuance of a gas well permit. The seventy-two hour time span shall include at
least one twenty-four (24) hour reading during either a Saturday or Sunday.
The Operator shall use the prior established ambient noise level for the
installation of any new noise generation equipment unless the Operator can
demonstrate that the increase in the ambient noise level is not associated with
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drilling and production activities located either on or off-site.
4. Adjustments to the noise standards as set forth above in subsection (1) a, b and c
of this section may be permitted intermittently in accordance with the following:
Permitted Increase Duration of Increase
(dBA) (minutes)*
10…………………………………………5
15…………………………………………1
20…………………………….…less than 1
*Cumulative minutes during any one hour
5. All workover operations shall be restricted to daytime hours.
6. The exterior noise level generated by the drilling, redrilling or other operations of
all gas wells located within 1, 000 feet of a Use shall be continuously monitored,
to ensure compliance. The cost of such monitoring shall be borne by the
Operator. If a complaint is received by either the Operator or the Gas Inspector
from any Use within one thousand (1,000) feet from the gas well, the Operator
shall, within 24 hours of notice of the complaint, continuously monitor for a 72-
hour period the exterior noise level generated by the drilling, redrilling or other
operations to ensure compliance. At the request of the Gas Inspector, the Operator
shall monitor the exterior noise level at the source of the complaint.
7. Acoustical blankets, sound walls, mufflers or other alternative methods as
approved by the City may be used to ensure compliance. All soundproofing shall
comply with accepted industry standards and subject to approval by the City’s
Fire Department.
8. The sound level meter used in conducting noise evaluations shall meet the
American National Standard Institute’s Standard for sound meters or an
instrument and the associated recording and analyzing equipment which will
provide equivalent data.
9. A notice of violation will be immediately issued for failure to comply with the
provisions of this Section. However, if the Operator is in compliance with the
approved noise management plan, and a violation still occurs, the Operator will be
given 24 hours from notice of non-compliance to correct the violation from an
identified source before a citation is issued. Additional extensions of the 24-hour
period may be granted in the event that the source of the violation can not be
identified after reasonable diligence by the Operator.
J. Tank Specifications for an Oil or Gas Well Permit. All tanks and permanent
structures shall conform to the American Petroleum Institute (A.P.I.) specifications
unless other specifications are approved by the City. The top of the tanks shall be no
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higher than eight (8) feet above the terrain surrounding the tanks. All tanks shall be
set back pursuant to the standards of the Commission and the National Fire Protection
Association, but in all cases, shall be at least twenty-five (25) feet from any public
right-of-way or property line.
K. Conveyance of fuel, water, oil, gas or petroleum. No Operator shall excavate or
construct any lines for the conveyance of fuel, water, oil, gas or petroleum liquids on,
under, or through the streets, alleys or other properties owned by the City without an
easement or right-of-way license from the City, at a price to be agreed upon, and then
only in strict compliance with this section, other City ordinances, and the
specifications established by the Department of Public Works
L. All other provisions outlined in this Ordinance shall be required.
Sec. 9-26-8. Issuance of Oil or Gas Well permits.
A. After a public hearing as herein prescribed, the City Council may, after conformance
with other applicable provisions of this ordinance, approve a well location within the
buffer areas as herein established.
B. The provisions of this Ordinance shall apply to any dwellings or buildings for which
an application for a building permit has been submitted on the date the application for
an Oil or Gas Well Permit is filed with the City.
C. If the City denies an Oil or Gas Well Permit application, he shall notify the Operator
in writing of such denial stating the reasons for the denial. Within thirty (30) calendar
days of the date of the written decision of the City to deny the Oil or Gas Well
Permit, the Operator may cure those conditions that caused the denial and resubmit
the application to the City for approval and issuance of the Oil or Gas Well Permit.
Sec . 9-26-9. Amended Oil or Gas Well permits.
A. An Operator may request to amend an existing Oil or Gas Well Permit to relocate a
drill site or operation site within the permitted pad site provided the distance to
adjacent habitable structures, as herein defined, does not decrease, unless otherwise
authorized by the Council, as provided in Section 9-26-7(D).
B. Applications for amended Oil or Gas Well Permits shall be in writing, shall be signed
by the Operator, and shall include the following:
(1) The application fee as set by city ordinance;
(2) A description of the proposed amendments;
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(3) Any changes to the information submitted with the application for the existing Oil
or Gas Well Permit (if such information has not previously been provided to the
City);
(4) Such additional information as is reasonably required by the City to demonstrate
compliance with the applicable Oil or Gas Well Permit; and
(5) Such additional information as is reasonably required by the City to prevent
imminent destruction of property or injury to persons.
C. All applications for amended Oil or Gas Well Permits shall be filed with the City for
review. Incomplete applications may be returned to the applicant, in which case the
City shall provide a written explanation of the deficiencies; however, the City shall
retain the application fee. The City may return any application as incomplete if there
is a dispute pending before the Texas Railroad Commission regarding the
determination of the Operator.
D. If the activities proposed by the amendment are generally consistent with activities
covered by the existing Oil or Gas Well Permit, and if the proposed activities are in
conformance with the applicable Oil or Gas Well Permit, then the City shall approve
the amendment within ten (10) calendar days after the application is filed.
E. If the activities proposed by the amendment are materially different from the
activities covered by the existing Oil or Gas Well Permit, the Operator shall submit a
new application. The process will then proceed through the same review and hearing
requirements outlined above for a new well.
F. The decision of the City to deny an amendment to an Oil or Gas Well Permit shall be
provided to the Operator in writing within ten (10) days after the decision, including
an explanation of the basis for the decision. The Operator may: 1) cure those
conditions that caused the denial and resubmit the application to the City, for
approval and issuance of the Oil or Gas Well Permit; or 2) file an appeal to the City
Council under the provisions outlined in this Ordinance pursuant to Sec. 9-26-18, as
amended.
Sec. 9-26-10. Suspension or revocation of Oil or Gas Well permit; Effect.
A. If an Operator (or its officers, employees, agents, contractors, or representatives) fails
to comply with any requirement of an Oil or Gas Well Permit (including any
requirement incorporated by reference as part of the Oil or Gas Well Permit), the
City shall give written notice to the Operator specifying the nature of the failure and
giving the Operator a reasonable time to cure, taking into consideration the nature and
extent of the failure, the extent of the efforts required to cure, and the potential impact
on the health, safety, and welfare of the community. In no event, however, shall the
cure period be less than thirty (30) calendar days unless the failure presents a risk of
imminent destruction of property or injury to persons or unless the failure involves
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the Operator’s failure to provide periodic reports as required by this Ordinance, in
which case the suspension revocation may be immediate.
B. If, the Operator fails to correct the noncompliance within thirty (30) calendar days, or
the time given, from the date of the notice, the Oil and Gas Inspector may suspend or
revoke the Oil or Gas Well Permit pursuant to the provisions of this Ordinance. A
citation may be immediately issued for failure to comply with the provisions of
Section 9-26-7.(I) Noise”. However, if the Operator is in compliance with the
approved noise management plan, and a violation still occurs, the Operator will be
given 24 hours from notice of non-compliance to correct the violation from an
identified source before a citation is issued. Additional extensions of the 24-hour
period may be granted in the event that the source of the violation can not be
identified after reasonable diligence by the Operator.
C. No person shall carry on any operations performed under the terms of the Oil or Gas
Well Permit issued under this Ordinance during any period of any Oil or Gas Well
Permit suspension or revocation or pending a review of the decision or order of the
City in suspending or revoking the Oil or Gas Well Permit. Nothing contained herein
shall be construed to prevent the necessary, diligent and bona fide efforts to cure and
remedy the default or violation for which the suspension or revocation of the Oil or
Gas Well Permit was ordered for the safety of persons or as required by the
Commission.
D. If the Operator does not cure the noncompliance within the time specified in this
Ordinance, the Oil and Gas Inspector, upon written notice to the Operator, may notify
the Commission and request that the Commission take any appropriate action.
E. Operator may, within thirty (30) calendar days of the date of the decision of the City
or its authorized representative in writing to suspend or revoke an Oil or Gas Well
Permit, file an appeal to the City Council under the provisions outlined in this
Ordinance pursuant to Section 9-26-18, as amended.
F. If an application for an Oil or Gas Well Permit is denied by the City, nothing herein
contained shall prevent a new permit application from being submitted to the City.
Sec. 9-26-11. Periodic reports.
A. The Operator shall notify the City or its authorized representative of any changes to
the following information within one business week after the change occurs:
(1) The name, address, and phone number of the Operator;
(2) The name, address, and phone number of the person designated to receive notices
from the City (which person must a resident of Texas that can be served in person
or by registered or certified mail); and
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(3) The Operator’s Emergency Action Response Plan (including “drive-to-maps”
from public rights-of-way to each drill site).
B. The Operator shall notify the City or its authorized representativeof any change to the
name, address, and 24-hour phone number of the person(s) with supervisory authority
over drilling or operations activities within one business day.
C. The Operator shall provide a copy of any “incident reports” or written complaints
submitted to the Texas Railroad Commission within thirty (30) days after the
Operator has notice of the existence of such reports or complaints.
D. Beginning on December 31st of each year after each well is completed, and
continuing on each December 31st thereafter until the Operator notifies the City or its
authorized representative that the well has been abandoned and the site restored, the
Operator shall submit a written report to the City identifying any changes to the
information that was included in the application for the applicable Oil or Gas Well
Permit that have not been previously reported to the City.
Sec. 9-26-12. Bond, indemnity, and insurance.
A. Bond. Prior to the issuance of an Oil or Gas Well Permit the Operator shall provide
the City with a security instrument in the form of a bond as follows:
1. A bond shall be executed by a reliable bonding or insurance institution authorized to
do business in Texas, acceptable to the City or may provide an irrevocable letter of
credit in the appropriate amount payable to the City of Coppell. The bond or letter
shall become effective on or before the date the Oil or Gas Well Permit is issued and
shall remain in force and effect for at least a period of one hundred and eighty (180)
calendar days after the expiration of the Oil or Gas Well Permit term or until the well
is plugged and abandoned and the site is restored, whichever occurs first. The
Operator shall be listed as principal and the instrument shall run to the City, as
obligee, and shall be conditioned that the Operator will comply with the terms and
regulations of this Ordinance and the City. The original bond or letter shall be
submitted to the to the City Secretary.
2. The principal amount of any security instrument shall be fifty thousand dollars
($50,000) for any single well. If, after completion of a well, the Applicant/Operator,
who initially posted a fifty thousand dollars ($50,000) bond, has complied with all of
the provisions of this Ordinance and whose well is in the producing stage and all
drilling operations have ceased, may submit a request to the City to reduce the
existing bond to ten thousand dollars ($10,000) for the remainder of the time the well
produces without reworking. During reworking operations, the amount of the bond or
letter of credit shall be maintained at fifty thousand dollars ($50,000).
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An operator drilling or reworking between one and five wells at any given time may
elect to provide a blanket bond in the principal minimum amount of one hundred fifty
thousand dollars ($150,000). If the operator drills or reworks more than five wells at a
time, the blanket bond shall be increased in increments of fifty thousand dollars
($50,000) per each additional well. Once the wells are in the producing stage and all
drilling operations have ceased, the Operator may elect to provide a blanket bond for
the remainder of the time the well produces, without reworking, as follows:
Number of Producing Wells Blanket Bond Amount Required
Up to 75 wells $100,000
75 to 150 wells $150,000
More than 150 wells $200,000
If at any time after no less than a fifteen (15)-day written notice to the Operator and a
public hearing, the City Council shall deem any Operator's bond or letter of credit to
be insufficient, it may require the Operator to increase the amount of the bond or
letter of credit up to a maximum of two hundred and fifty thousand dollars ($250,000)
per well.
3. Whenever the City finds that a default has occurred in the performance of any
requirement or condition imposed by this Ordinance, a written notice shall be given to
the Operator. Such notice shall specify the work to be done and the period of time
deemed by the Oil and Gas Inspector to be reasonably necessary for the completion of
such work. After receipt of such notice, the Operator shall provide the estimated cost
and, within the time therein specified, either cause or require the work to be
performed, or failing to do so, shall pay over to the City, one hundred twenty-five
(125) percent of the estimated cost of doing the work. In no event, however, shall the
cure period be less than thirty (30) days unless the failure presents a risk of imminent
destruction of property or injury to persons or unless the failure involves the
Operator’s failure to provide periodic reports as required by this Ordinance. The
maximum cure period shall not exceed forty-five (45) days. The City shall be
authorized to draw against any bond to recover such amount due from the Operator.
Upon receipt of such monies, the City shall proceed by such mode as deemed
convenient to cause the required work to be performed and completed, but no liability
shall be incurred other than for the expenditure of said sum in hand. In the event that
the well has not been properly abandoned under the regulations of the Commission,
such additional money may be demanded from the Operator as is necessary to
properly plug and abandon the well and restore the drill site in conformity with the
regulations of this Ordinance.
4. In the event the Operator does not cause the work to be performed and fails or refuses
to pay over to the City the estimated cost of the work to be done, or the issuer of the
security instrument refuses to honor any draft by the City against the bond, the City
may proceed to obtain compliance and abate the default by way of civil action against
the Operator, or by criminal action against the Operator, or by both such methods.
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5. When the well or wells covered by said bond have been properly abandoned in
conformity with all regulations of this Ordinance, and in conformity with all
regulations of the Commission and notice to that effect has been received by the City,
or upon receipt of a satisfactory substitute, the bond issued in compliance with these
regulations shall be terminated and cancelled.
B. Insurance. In addition to the bond required pursuant to this Ordinance, the Operator
shall carry a policy or policies of insurance issued by an insurance company or
companies authorized to do business in Texas. In the event such insurance policy or
policies are cancelled, the Oil or Gas Well Permit shall be suspended on such date of
cancellation and the Operator’s right to operate under such Oil or Gas Well Permit
shall immediately cease until the Operator files additional insurance as provided
herein.
(1) General Requirements applicable to all policies.
(a) The City, its officials, employees, agents and officers shall be endorsed as
an “Additional Insured” to all policies except Employers Liability coverage
under the Operator’s Workers Compensation policy.
(b) All policies shall be written on an occurrence basis except for
Environmental Pollution Liability (Seepage and Pollution coverage) and
Excess or Umbrella Liability, which may be on a claims-made basis.
(c) All policies shall be written by an insurer with an A-: VIII or better rating by
the most current version of the A. M. Best Key Rating Guide or with such
other financially sound insurance carriers acceptable to the City.
(d) Deductibles shall be listed on the Certificate of Insurance and shall be on a
“per occurrence” basis unless otherwise stipulated herein.
(e) Certificates of Insurance shall be delivered to the city of Coppell, 255
Parkway Boulevard, Coppell, Texas 75019, evidencing all the required
coverages, including endorsements, prior to the issuance of an Oil or Gas
Well Permit.
(f) All policies shall be endorsed with a waiver of subrogation providing rights
of recovery in favor of the City.
(g) Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement
specified herein.
(h) Each policy shall be endorsed to provide the City a minimum thirty (30)-day
notice of cancellation, non-renewal, and/or material change in policy terms
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or coverage. A ten (10)-day notice shall be acceptable in the event of non-
payment of premium.
(i) During the term of the Oil or Gas Well Permit, the Operator shall
report, in a timely manner, to the Oil and Gas Inspector any known
loss occurrence which could give rise to a liability claim or lawsuit
or which could result in a property loss.
(j) Upon request, certified copies of all insurance policies shall be
furnished to the City.
(2) Standard Commercial General Liability Policy.
This coverage must include premises, operations, blowout or explosion, products,
completed operations, sudden and accidental pollution, blanket contractual liability,
underground resources damage, broad form property damage, independent
contractors protective liability and personal injury. This coverage shall be a minimum
Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property
Damage.
(3) Excess or Umbrella Liability.
$5,000,000 Excess, if the Operator has a stand-alone Environmental Pollution
Liability (EPL) policy.
$10,000,000 Excess, if the Operator does not have a stand-alone EPL policy.
Coverage must include an endorsement for sudden or accidental pollution. If
Seepage and Pollution coverage is written on a “claims made” basis, the
Operator must maintain continuous coverage and purchase Extended Coverage
Period Insurance when necessary.
(4) Environmental Pollution Liability Coverage.
(a) Operator shall purchase and maintain in force for the duration of the Oil or Gas
Well Permit, insurance for environmental pollution liability applicable to bodily
injury, property damage, including loss of use of damaged property or of
property that has not been physically injured or destroyed; clean-up costs; and
defense, including costs and expenses incurred in the investigation, defense or
settlement of claims; all in connection with any loss arising from the insured
site. Coverage shall be maintained in an amount of at least $1,000,000 per loss,
with an annual aggregate of at least $10,000,000.
(b) Coverage shall apply to sudden and accidental pollution conditions resulting
from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic
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chemicals, liquids or gases, waste material or other irritants, contaminants or
pollutants.
(c) The Operator shall maintain continuous coverage and shall purchase Extended
Coverage Period insurance when necessary. The Extended Coverage Period
insurance must provide that any retroactive date applicable to coverage under
the policy precedes the effective date of the issuance of the permit by the City.
(5) Control of Well. The policy should cover the cost of controlling a well that is out of
control, re-drilling or restoration expenses, seepage and pollution damage as first
party recovery for the Operator and related expenses, including, but not limited to,
loss of equipment, experts and evacuation of residents.
$ 5,000,000 per occurrence/no aggregate, if available, otherwise an aggregate of
ten (10) million dollars.
$ 500,000 Sub-limit endorsement may be added for damage to property for which
the Operator has care, custody and control.
(6) Workers Compensation and Employers Liability Insurance.
(a) Workers Compensation benefits shall be Texas Statutory Limits.
(b) Employer’s Liability shall be a minimum of $500,000 per accident.
(c) Such coverage shall include a waiver of subrogation in favor of the City and
provide coverage in accordance with applicable State and Federal laws.
(7) Automobile Liability Insurance.
(a) Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and
Property Damage.
(b) Coverage must include all owned, hired and not-owned automobiles.
(8) Certificates of Insurance.
(a) The company must be admitted or approved to do business in the State of
Texas, unless the coverage is written by a Surplus Lines insurer.
(b) The insurance set forth by the insurance company must be underwritten on
forms that have been approved by the Texas State Board of Insurance or ISO, or
an equivalent policy form acceptable to the City, with the exception of
Environmental Pollution Liability and Control of Well coverage.
(c) Sets forth all endorsements and insurance coverage according to requirements
and instructions contained herein.
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(d) Shall specifically set forth the notice of cancellation, termination, or change in
coverage provisions to the City. All policies shall be endorsed to read “THIS
POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT
THIRTY (30) DAYS ADVANCED WRITTEN NOTICE TO THE OWNER
AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED
FOR NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS
ADVANCE WRITTEN NOTICE IS REQUIRED”.
(e) Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
C. Indemnification and Express Negligence Provisions. Each Oil or Gas Well Permit
issued by the City shall include the following language: Operator does hereby
expressly release and discharge all claims, demands, actions, judgments, and
executions which it ever had, or now has or may have, or assigns may have, or claim
to have, against the city of Coppell, and/or its departments, agents, officers, servants,
successors, assigns, sponsors, volunteers, or employees, created by, or arising out of
personal injuries, known or unknown, and injuries to property, real or personal, or in
any way incidental to or in connection with the performance of the work performed
by the Operator under an Oil or Gas Well Permit. The Operator shall fully defend,
protect, indemnify, and hold harmless the city of Coppell, 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 Coppell, 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
an Oil or Gas Well Permit. The Operator agrees to indemnify and hold harmless the
city of Coppell, 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 Coppell occurring on the drill site or operation site in the
course and scope of inspecting and permitting the Oil or Gas wells INCLUDING,
BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR
IN PART FROM THE NEGLIGENCE OF THE CITY OF COPPELL OCCURRING
ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF
INSPECTING AND PERMITTING THE OIL OR 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 COPPELL, TEXAS AND/OR ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM
THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF COPPELL,
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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.
D. Notice. The individual designated to receive notice shall be a resident of Texas upon
whom all orders and notices provided in this Ordinance may be served in person or
by registered or certified mail. Every Operator shall within ten (10) calendar days
notify the City in writing of any change in such agent or mailing address unless
operations in the City are discontinued and abandonment is complete.
E. Acceptance and Indemnity Agreement. The Operator who has a net worth of not less
than twenty-five million dollars ($25,000,000), as shown in such Owner’s or
Operator’s most recent audited financial statements, may substitute an acceptance and
indemnity agreement in lieu of the bond and insurance requirements set forth in this
Ordinance, provided that such acceptance and indemnity agreement shall be in a form
acceptable to, and approved by, the City Attorney. The City may request an annual
review of the Operator’s most recent audited financial statements to assure
compliance with this section.
Sec. 9-26-13. Bond requirements and terms.
A. General Requirements. The Operator shall be required to:
(1) Comply with the terms and conditions of this Ordinance and the Oil or Gas
Well Permit issued hereunder.
(2) Promptly clear drill and operation sites of all litter, trash, waste and other
substances used, allowed, or occurring in the operations, and after abandonment
or completion grade, level and restore such property to the same surface
conditions as nearly as possible as existed before operations.
(3) Indemnify and hold harmless the City, its officers, agents, and employees from
and against any and all claims, losses, damages, causes of action, suits and
liability of every kind, including all expenses of litigation, court costs, and
attorney’s fees, for injury to or death of any person or for damage to any
property arising out of or in connection with the work done by Operator under
an Oil or Gas Well Permit:
(a) where such injuries, death or damages are caused by Operator’s sole
negligence or the joint negligence of Operator and any other person or
entity; and
(b) regardless of whether such injuries, death or damages are caused in whole or
in part by the negligence of Operator.
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(4) Promptly pay all fines, penalties and other assessments imposed due to breach
of any terms of the Oil or Gas Well Permit.
(5) Promptly restore to its former condition any public property damaged by the Oil
or Gas operation.
Sec. 9-26-14. Technical regulations.
A. On-Site Requirements.
1. Abandoned Wells. All wells shall be abandoned in accordance with the rules of
the Texas Railroad Commission; however, all well casings shall be cut and
removed to a depth of at least ten feet (10’) below the surface unless the surface
owner submits a written agreement otherwise, then three feet (3’) shall be the
minimum depth allowed. No structures shall be built over an abandoned well.
2. Blowout Prevention. In all cases, blowout prevention equipment shall be used on
all wells being drilled, worked-over or in which tubing is being changed.
Protection shall be provided to prevent blowout during oil or gas operations as
required by and in conformance with the requirements of the Commission and the
recommendations of the American Petroleum Institute. The Operator must equip
all drilling wells with adequate blowout preventors, flow lines and valves
commensurate with the working pressures involved as required by the
Commission.
3. Closed Loop Mud Systems. A Closed Loop Mud System shall be required for all
drilling and reworking operations for all gas wells.
4. Compliance. Operator shall comply at all times with all applicable federal, state
and City requirements.
5. Discharge. No person shall place, deposit, discharge, or cause or permit to be
placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar,
hydrocarbon substances or any refuse including wastewater or brine from any oil
or gas operation or the contents of any container used in connection with any oil
or gas operation in, into, or upon any public right-of-way, alleys, streets, lots,
storm drain, ditch or sewer, sanitary drain or any body of water or any private
property in the City.
6. Drill Stem Testing. All open hole formation or drill stem testing shall be done
during daylight hours. Drill stem tests may be conducted only if the well effluent
during the test is produced through an adequate gas separator to storage tanks and
the effluent remaining in the drill pipe at the time the tool is closed is flushed to
the surface by circulating drilling fluid down the annulus and up the drill pipe.
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7. Dust, Vibration, Odors. All drilling and production operations shall be conducted
in such a manner as to minimize, so far as practicable, dust, vibration, or noxious
odors, and shall be in accordance with the best accepted practices incident to
drilling for the production of oil, gas and other hydrocarbon substances in urban
areas. All equipment used shall be so constructed and operated so that vibrations,
dust, odor or other harmful or annoying substances or effect will be minimized by
the operations carried on at any drilling or production site or from anything
incident thereto, to the injury or annoyance of persons living in the vicinity; nor
shall the site or structures thereon be permitted to become dilapidated, unsightly
or unsafe. Proven technological improvements in industry standards of drilling
and production in this area shall be adopted as they become available if capable of
reducing factors of dust, vibration and odor.
8. Electric Lines. All electric lines to production facilities shall be located in a
manner compatible to those already installed in the surrounding area; however, all
lines crossing and public right-of-way shall be placed underground.
9. Electric Motors. Only electric prime movers or motors shall be permitted for the
purpose of pumping wells. No electric power shall be generated on location
except for thermal electric generators. All electrical installations and equipment
shall conform to the City ordinances and the appropriate national codes.
10. Emergency Response Plan. Prior to the commencement of any oil, gas or other
hydrocarbons production activities, Operator shall submit to the City an
emergency response plan establishing written procedures to minimize any hazard
resulting from drilling, completion or producing of oil or gas wells. Said plan
shall use existing guidelines established by the Commission, Texas Commission
on Environmental Quality, Department of Transportation and/or the
Environmental Protection Agency.
11. Equipment Painted. All production equipment on the site shall be painted and
maintained at all times, including pumping units, storage tanks, buildings and
structures. No company logos or advertisement shall be allowed, however nothing
shall prevent branding or identification on any service vehicles.
12. Fire Prevention; Sources of Ignition. Fire fighting apparatus and supplies as
approved by the Fire Department and required by any applicable federal, state, or
local law shall be provided by the Operator, at the Operator’s cost, and shall be
maintained on the drilling site at all times during drilling and production
operations. The Operator shall be responsible for the maintenance and upkeep of
such equipment. Each well shall be equipped with an automated valve that closes
the well in the event of an abnormal change in operating pressure. All well heads
shall contain an emergency shut-off valve to the well distribution line.
13. Fresh Water Wells. It shall be unlawful to drill any oil or gas well, the center of
which, at the surface of the ground, is located within three hundred (300) feet to
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any fresh water well, except for fresh water wells used solely for operation of the
oil or gas well operation. The measurement shall be in a direct line from the
closest well bore to the fresh water well bore. The operator of an oil or gas Well
shall provide the Oil and Gas Inspector with a “pre-drilling” and “post-drilling”
water analysis from any fresh water well within eight hundred (800) feet of the oil
or gas well. Within one hundred eighty (180) days of its completion date, each oil
or gas well shall be equipped with a cathodic protection system to protect the
production casing from external corrosion. The Oil and Gas Inspector may
approve an alternative method of protecting the production casing from external
corrosion.
14. Oil or Gas Emission or Burning Restricted. No person shall allow, cause or
permit gases to be vented into the atmosphere or to be burned by open flame
except as provided by law or as permitted by the Commission. If the venting of
gases into the atmosphere or the burning of gases by open flame is authorized as
provided by law or as permitted by the Commission, then such vent or open flame
shall not be located closer than one thousand (1,000) from any building not used
in operations on the drilling site and such vent or open flame shall be screened in
such a way as to minimize detrimental effects to adjacent property owners. At no
time shall the well be allowed to flow or vent directly to the atmosphere without
first directing the flow through separation equipment or into a portable tank.
15. Gas lift Compressor. Any onsite compressor used to ‘lift gas’ shall be designed
to comply with the noise and screening requirements of this ordinance.
16. Gas processing onsite. Except for a conventional gas separator or line heater, no
refinery, processing, treating, or absorption plant of any kind shall be constructed,
established or maintained on the premises without appropriate City permits and a
Certificate of Occupancy.
17. Grass, Weeds, Trash. All drill and operation sites shall be kept clear of high
grass, weeds and combustible trash.
18. Hazardous Plan. Hazardous Materials Management Plan shall be on file with the
Fire Marshal and the Oil and Gas Inspector.
19. Lights. No person shall permit any lights located on any drill or operation site to
be directed in such a manner so that they shine directly on public roads, adjacent
property or property in the general vicinity of the operation site. To the extent
practicable, and taking into account safety considerations, site lighting shall be
directed downward and internally so as to avoid glare on public roads and
adjacent dwellings and buildings within three hundred ( 300) feet, and shall be in
compliance with Chapter 12, Article 36, Glare and Lighting Standards of the
Coppell Code of Ordinances.
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20. Muffling Exhaust. Exhaust from any internal combustion engine, stationary or
mounted on wheels, used in connection with the drilling of any well or for use on
any production equipment shall not be discharged into the open air unless it is
equipped with an exhaust muffler, or mufflers or an exhaust muffler box
constructed of noncombustible materials sufficient to suppress noise and prevent
the escape of obnoxious gases, fumes or ignited carbon or soot. All formation
fracturing operations shall be conducted during daylight hours unless the Operator
has notified the Oil and Gas Inspector that fracing will occur before or after
daylight hours to meet safety requirements.
21. Pits. Lined earthen mud or circulating pits shall be used. Such pits and contents
shall be removed from the premises and the drilling site within sixty (60) days
after completion of the well. Reserve pits are prohibited and everything shall be
placed in steel tanks surrounded by a berm. Only freshwater-based mud systems
shall be permitted. Saltwater-based mud systems and oil-based mud systems are
prohibited.
22. Private Roads and Drill Sites. Prior to the commencement of any drilling
operations, all private roads used for access to the drill site and the operation site
itself shall be at least ten (10) feet wide, have an overhead clearance of fourteen
(14) feet and shall be surfaced with crushed rock, gravel or ore and maintained to
prevent dust and mud. In particular cases these requirements governing surfacing
of private roads may be altered at the discretion of the City after consideration of
all circumstances including, but not limited to, the following: distances from
public streets and highways; distances from adjoining and nearby property owners
whose surface rights are not leased by the operation; the purpose for which the
property of such owners is or may be used; topographical features; nature of the
soil; and exposure to wind.
23. Reduced Emission Completion. After fracturing or re-fracturing, Operators shall
employ appropriate equipment and processes as soon as practicable to minimize
natural gas and associated vapor releases to the environment. All salable gas shall
be directed to the sales line as soon as practicable or shut in and conserved.
Reduced Emission Completion techniques and methods shall not be required for
Barnett Shale wells permitted prior to July 1, 2009 that do not have a sales line.
Operators may request a variance from the Gas Inspector if they believe that
reduced emission completion techniques or methods are not feasible or would
endanger the safety of personnel or the public. Flaring may be allowed in some
instances to an alternative from venting as allowed by the Gas Inspector. If
burning of gases by open flame is authorized by the Gas Inspector then such open
flame shall not be located closer than one thousand feet from any building not
used in operations on the drilling site and such open flame shall be screened in
such a way as to minimize detrimental effects to adjacent property owners.
24. Salt Water Wells. No salt water disposal wells shall be located within the city of
Coppell.
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25. Signs.
(a) A sign shall be immediately and prominently displayed adjacent to the
public right-of-way at the gate on the temporary and permanent site
fencing erected pursuant to this Ordinance. Such sign shall be durable
material, maintained in good condition and, unless otherwise required by
the Commission, shall have a surface area of not less than two (2) square
feet nor more than four (4) square feet and shall be lettered with the
following:
(1) Well name and number;
(2) Name of Operator;
(3) The emergency 911 number; and
(4) Telephone numbers of two (2) persons responsible for the well who
may be contacted in case of emergency.
(b) Permanent weatherproof signs reading “DANGER NO SMOKING OR
OPEN FLAMES ALLOWED” shall be posted immediately upon
completion of the well site fencing at the entrance of each well site and
tank battery or in any other location approved or designated by the Fire
Marshal of the City. Sign lettering shall be four (4) inches in height and
shall be red on a white background or white on a red background. Each
sign shall include the emergency notification numbers of the Fire
Department and the Operator, well and lease designations required by the
Commission.
26. Storage of Equipment. On-site storage is prohibited on the operation site. No
equipment shall be stored on the drilling or production operation site, unless it is
necessary to the everyday operation of the well. Lumber, pipes, tubing and casing
shall not be left on the operation site except when drilling or well servicing operations
are being conducted on the site.
No vehicle or item of machinery shall be parked or stored on any street, right-of-way
or in any driveway, alley or upon any operation site which constitutes a fire hazard or
an obstruction to or interference with fighting or controlling fires except that
equipment which is necessary for drilling or production operations on the site. The
Fire Department shall be the entity that determines whether an equipment on the site
shall constitute a fire hazard. No refinery, processing, treating, dehydrating or
absorption plant of any kind shall be constructed, established or maintained on the
premises. This shall not be deemed to exclude a conventional gas separator or
dehydrator.
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27. Storage Tanks. All tanks and permanent structures shall conform to the American
Petroleum Institute (A.P.I.) specifications unless other specifications are approved by
the City. The top of the tanks shall be no higher than ten (10) feet above the terrain
surrounding the tanks. All storage tanks shall be equipped with a secondary
containment system including lining with an impervious material. The secondary
containment system shall be a minimum of three feet (3’) in height and one and one-
half (1½) times the contents of the largest tank in accordance with the Fire Code, and
buried at least one foot (1’) below the surface. Drip pots shall be provided at the
pump out connection to contain the liquids from the storage tank.
a. Secondary containment shall be capable of containing a release of 110% of
the largest storage container within the containment and have adequate
freeboard to contain an average annual rain event.
b. Temporary flowback tanks shall be removed within ninety (90) days after
completion of the gas well(s) at the pad site unless permission is obtained
from the Gas Inspector to extend the time period for no more than thirty
(30) days.
All tanks shall be set back pursuant to the standards of the Commission and the
National Fire Protection Association, but in all cases, shall be at least five hundred
(500) feet from any public right-of-way or property line. Each storage tank shall be
equipped with a level control device that will automatically activate a valve to close
the well in the event of excess liquid accumulation in the tank.
No meters, storage tanks, separation facilities, or other aboveground facilities,
other than the well head and flow lines, shall be placed in a floodway. Such facilities
may not be placed within the 100-year floodplain
Tanks must be at least five hundred (500)feet from any residence, religious
institution, public building, hospital building, school, habitable structure or
combustible structure.
28. Tank Battery Facilities. Tank battery facilities shall be equipped with a remote foam
line and a lightning arrestor system.
29. Surface Casing.
a) An operator may set and cement sufficient surface casing to protect all usable-
quality water strata, as defined by state law. The Operator shall notify the City
in writing at least 72 hours prior to setting and cementing surface casing. In
addition, the following shall be required:
i) Centralizers must be used at an interval of one centralizer per one hundred
feet, or 10 centralizers per one thousand feet.
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ii) New surface casing.
iii) Proper floating equipment shall be used.
iv) Class “H” or Class “C” cement with accelerators shall be used.
v) The Operator shall circulate to surface; if not, the Operator shall cement
with one inch tubing and top off.
vi) The Operator shall wait on cement a minimum of eight to twelve hours prior
to commencing further Drilling operations.
vii) The Operator shall test the blowout preventer before Drilling out of surface
casing to four thousand psi.
30. Valves. Each well must have a shut-off valve to terminate the well’s production. The
Fire Department shall have access to the well site to enable it to close the shut-off
valve in an emergency. Each well shall be equipped with an automated valve that
closes the well in the event of any abnormal increase in operating pressure.
31. Vapor Recovery for Storage Tanks. Vapor recovery equipment shall be required for
tank batteries that have an estimated rolling annual aggregate emissions rate of 25
tons or greater of total volatile organic hydrocarbons per year per well head. Vapor
recovery equipment must be operated and maintained in such a way to ensure a 95%
recover efficiency between the internal and external atmospheres of the tank(s).
32. Waste Disposal. Unless otherwise directed by the Commission, all tanks used for
storage shall conform to the following:
(a) Operator must use portable closed steel storage tanks for storing liquid
hydrocarbons. Tanks must meet the American Petroleum Institute standards.
All tanks must have a vent line, flame arrester and pressure relief valve. All
tanks must be enclosed by a fence applicable to the issued permit classification.
No tank battery shall be within five hundred (500)of any habitable structure (not
used in operations on the drilling site), including, but not limited to residence,
religious institution, public building, hospital, school, public park, or any
business or other combustible structure.
(b) Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or
resulting from or connected with the drilling, re-working or deepening of any
well shall be discharged into a lined earthen pit. All disposals must be in
accordance with the rules of the Commission and any other appropriate local,
state or federal agency.
(c) Unless otherwise directed by the Commission, waste materials shall be removed
from the site and transported to an off-site disposal facility not less often than
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every thirty (30) days. Water stored in on-site tanks shall be removed as
necessary.
(d) All waste shall be disposed of in such a manner as to comply with the air and
water pollution control regulations of the state, this Ordinance and any other
applicable ordinance of the City.
33. Watchman. The Operator must keep a qualified personnel on site at all times during
the drilling or re-working of a well. .
34. Completion (per/frac). The Operator shall notify the City in writing at least 72 hours
prior to starting completion procedures such as fracturing and perforating. The well
must be equipped with a blowout preventer before this operation is commenced. If a
bridge plug is set over a producing formation prior to additional completion, it must
be pressure-tested to a sufficient pressure to ensure that it is not leaking.
35. Final Pipeline hookup (1st sales, bradenhead gauge, and final pad site clean-up)
a. The Operator shall notify the City in writing at least 72 hours prior to the fist sale.
b. The Operator shall install a bradenhead gauge.
c. After the site has been cleaned up and screened, the Operator shall notify the Gas
Well Inspector for a final inspection. Prior to the final inspection the operator
must provide the City with geographic coordinates of the Well Bore, using the
North American Datum 1983 (NAD 83), Texas State Plane – North Central Zone
(4202), in United States feet.
B. Well Setbacks. Except as otherwise provided, it shall be unlawful to drill any well,
which is located:
(1) Within one hundred (100) feet from any outer boundary line of the pad site; or
(2) Within five hundred (500) feet from any storage tank, or source of ignition; or
(3) Within seventy-five (75) feet of any public street, road, highway or future street,
right-of-way or property line; or
(4) Within one thousand (1000) feet from any habitable structure (not used in
operations on the drilling site), including, but not limited to residence, religious
institution, public building, hospital, school, public park, or any business The
distance shall be calculated from the boundary of the pad site, in a straight line,
without regard to intervening structures or objects, to the closest exterior point of
any object listed in Section 9-26-14(B) (1-6), as amended.
(5) Within one hundred (100) feet of any building accessory to, but not necessary to
the operation of the well; or
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(6) Within three hundred (300) feet to any fresh water well, and five hundred feet
from a water conveyances. The measurement shall be in a direct line from the
closest well bore to the fresh water well bore.
The distances set out in Section 9-26-14(B), subsection may be reduced as
provided herein at the discretion of the City Council, but in no event less than
five hundred (500) feet from any dwelling or any other habitable structure as
herein defined and three hundred (300) feet from non-residential structures as
herein defined without the unanimous consent of the property owners within this
radius around said well and the affirmative vote of the City Council. For
protection of the public health, safety and welfare, the City Council may impose
additional requirements for a reduction of such distance. The reduction of the
distance requirement for fresh water wells is subject to the Texas Railroad
Commission regulations and any other state or federal requirements.
C. Installation of Pipelines On, Under or Across Public Property. The Operator shall
apply to the City for a franchise 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 Oil or Gas Well Permit issued
pursuant to this Ordinance. Operator shall:
(1) Not interfere with or damage existing water, sewer or gas lines or the facilities of
public utilities located on, under or across the course of such rights-of way.
(2) Furnish to the City a plat showing the location of such pipelines.
(3) Construct such lines out of pipe in accordance with the City codes and regulations
properly cased and vented if under a street, all crossings of City streets will be by
“dry bore” method only;
(4) Grade, level and restore such property to the same surface condition, as nearly as
practicable, as existed when operations for the drilling of the well were first
commenced.
No Oil or Gas Well Permit shall be issued for any well to be drilled within any of the
streets or alleys of the City and/or projected streets or alleys shown by the current comprehensive
plan of the City, and 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.
Any consent from the City 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.
Sec. 9-26-15. Clean-up and maintenance.
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A. Clean-up after well servicing. After the well has been completed or plugged and
abandoned, the Operator shall clean the drill site or operation site, complete restoration activities
and repair all damage to public property caused by such operations within sixty (60) calendar
days.
B. Surface Reclamation Plan Requirements. Each Operator must submit as part of the
Gas Well Permit application a surface reclamation plan that must include information outlined in
this subsection, in the degree of detail necessary to demonstrate that full site reclamation can be
accomplished. The reclamation plan must include:
(1) Measures to be taken to restore property to allow use under the City Comprehensive
Plan;
(2) The control of surface water drainage and of water accumulation and measures to be
taken during the reclamation process to provide for the protection of the quantity and
quality of surface and groundwater systems;
(3) Cleaning up polluted surface and ground water;
(4) Backfilling, soil stabilization, compacting, grading, and appropriate revegetation;
(5) Soil reconstructions, replacement, and stabilization;
(6) Configuration of the reshaped topography;
(7) Waste disposal;
(8) A plan for re-vegetation of affected lands;
(9) Road reclamation; and
(10) Other practices necessary to ensure all disturbed areas will be reclaimed.
C. Clean-up after spills, leaks and malfunctions. After any spill, leak or malfunction, the
Operator shall remove or cause to be removed to the satisfaction of the City all waste
materials from any public or private property affected by such spill, leak or malfunction.
Clean-up operations must begin immediately. If the owner fails to begin site clean-up
within twenty-four (24) hours, the City shall have the right to contact the Commission in
order to facilitate the removal of all waste materials from the property affected by such
spill, leak or malfunction.
D. Free from debris. The property on which a well site is located shall at all times be kept
free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or
other waste material within a radius of one hundred (100) feet around any separators,
tanks and producing wells.
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E. Painting. All production equipment shall be painted and maintained at all times,
including wellheads, pumping units, tanks, and buildings or structures. When requiring
painting of such facilities, the City shall consider the deterioration of the quality of the
material of which such facility or structure is constructed, the degree of rust, and its
appearance. Paint shall be of a neutral color, compatible with surrounding uses. Neutral
colors shall include sand, gray and unobtrusive shades of green, blue and brown, or other
neutral colors approved by the City.
F. Blowouts. In the event of the loss of control of any well, Operator shall immediately take
all reasonable steps to regain control regardless of any other provision of this Ordinance
and shall notify the Oil and Gas Inspector as soon as practicable. The Oil and Gas
Inspector shall certify in writing, briefly describing the same, to the City Manager. If the
Oil and Gas Inspector, in his opinion, believes that danger to persons and property exists
because of such loss of well control and that the Operator is not taking or is unable to
take all reasonable and necessary steps to regain control of such well, the Oil and Gas
Inspector may then employ any well control expert or experts or other contractors or
suppliers of special services, or may incur any other expenses for labor and material
which the Oil and Gas Inspector deems necessary to regain control of such well. The
City shall then have a valid lien against the interest in the well of all working interest
owners to secure payment of any expenditure made by the City pursuant to such action of
the Oil and Gas Inspector in gaining control of said well.
Sec. 9-26-16. Plugged and abandoned wells.
A. Surface requirements for plugged and abandoned well. Whenever abandonment
occurs pursuant to the requirements of the Commission, the Operator so abandoning
shall be responsible for the restoration of the well site to its original condition as
nearly as practicable, in conformity with the regulations of this Ordinance.
B. Abandonment Approval. Abandonment shall be approved by the City after
restoration of the drill site has been accomplished in conformity with the following
requirements at the discretion of the City:
(1) The derrick and all appurtenant equipment thereto shall be removed from drill
site;
(2) All tanks, towers, and other surface installations shall be removed from the drill
site;
(3) All concrete foundations, piping, wood, guy anchors and other foreign materials
regardless of depth, except surface casing, shall be removed from the site, unless
otherwise directed by the Commission;
(4) All holes and depressions shall be filled with clean, compactable soil;
(5) All waste, refuse or waste material shall be removed from the drill site; and
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(6) During abandonment, Operator shall comply with all applicable sections in this
Ordinance.
C. Abandoned well requirement. The Operator shall furnish the following at the
discretion of the City:
(1) A copy of the approval of the Commission confirming compliance with all
abandonment proceedings under the state law; and
(2) A notice of intention to abandon under the provisions of this section and stating
the date such work will be commenced. Abandonment may then be commenced
on or subsequent to the date so stated.
D. Abandonment Requirements Prior to New Construction. All abandoned or deserted
wells or drill sites shall meet the most current abandonment requirements of the
Commission prior to the issuance of any building permit for development of the
property. No structure shall be built over an abandoned well.
Sec. 9-26-17. Appeals.
A. In addition to the hearing, the City Council shall have and exercise the power to hear
and determine appeals where it is alleged there is error or abuse of discretion regarding the
issuance of an Oil or Gas Well Permit or the revocation or suspension of any Oil or Gas Well
Permit issued hereunder as provided by this Ordinance. Any person or entity whose application
is denied by the Oil and Gas Inspector or whose Oil or Gas Well Permit is suspended or revoked
or whose well or equipment is deemed by the Oil and Gas Inspector to be abandoned may, within
thirty (30) calendar days of the date of the written decision of the Oil and Gas Inspector file an
appeal to the City Council in accordance with the following procedure:
(1) An appeal shall be in writing and shall be filed in triplicate with the City Secretary.
The grounds for appeal must be set forth specifically, and the error described, by the
appellant.
(2) Within forty-five (45) calendar days of receipt of the records, the City Secretary shall
transmit all papers involved in the proceeding, place the matter on the City Council
agenda for hearing and give notice by mail of the time, place and purpose thereof to
appellant and any other party who has requested in writing to be so notified. No other
notice need be given.
B. Appeal fees shall be required for every appeal in the amount of three hundred ($300)
dollars.
Sec. 9-26-18. Penalty.
A. It shall be unlawful and an offense for any person to do the following:
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(1) Engage in any activity not permitted by the terms of a Oil or Gas Well Permit issued
under this Ordinance.
(2) Fail to comply with any condition set forth in a Oil or Gas Well Permit issued under
this Ordinance;
(3) Violate any provision or requirement set forth under this Ordinance; or
(4) Bring alcohol, controlled substances or firearms onto the drilling site at any time.
B. Any violation of this Ordinance shall be punished by a fine of not more than tow
thousand dollars ($2,000.00) per day, subject to applicable state law. Each day that a violation
exists shall constitute a separate offense.
Sec. 9-26-19. Civil Remedies.
Any person, entity, corporation, partnership or association, owner or occupant that
operates an oil or gas well without a permit or in violation of the conditions or regulations of a
permit shall be declared a public nuisance which may be abated in conformance to Chapter 54 of
the Texas Local Government Code or by other forms of injunctive relief by a court of competent
jurisdiction. Any remedy provided for in this section shall be cumulative of any other remedy
provided in this article or the common law.”
SECTION 2. That this Ordinance shall be cumulative of all other ordinances of the city
of Coppell and shall not repeal any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are in direct conflict with the provisions of this
Ordinance.
SECTION 3. That all rights or remedies of the city of Coppell, Texas, are expressly
saved as to any and all violations of the City Code, or any amendments thereto that have accrued
at the time of the effective date of this ordinance; and as to such accrued violations, and all
pending litigation, both civil or criminal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 4. That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective
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or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5. That any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than two thousand dollars ($2000.00) for each offense. Each day
that a violation exists shall constitute a separate offense.
SECTION 6. That the City Secretary of the city of Coppell, Texas is hereby directed to
publish this ordinance for two (2) days in the official newspaper of the city of Coppell, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2009
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 03/19/09)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
April 28, 2009
17
✔
PROCEDURAL
Deliberate and decide the appeal of Mira Mar Development, LLC pursuant to §212.904 Texas Local Government
Code to apportion the costs of municipal infrastructure improvements in accordance with applicable law for the
Alexander Court Subdivision Development.
ACTION TAKEN BY COUNCIL:
1. Motion to deny Mira Mar Development's appeal for a refund for installation of barrier curb in the amount of $40,000.00.
M - Franklin S - Brancheau Vote - 5-0 Hinojosa-Flores & Tunnell absent
2. Motion to deny Mira Mar Development's appeal for a refund for installation of extra drainage outlets in the amount of $14,000.00.
M - Peters S - Faught Vote - 5-0 Hinojosa-Flores & Tunnell absent
3. Motion to grant Mira Mar Development's appeal for a refund for installation of offsite sidewalks in the amount of $12,465.00.
M - Franklin S - Peters Vote - 5-0 Hinojosa-Flores & Tunnell absent
4. Motion to deny Mira Mar Development's appeal for a refund for the over-fill for pad sites in the amount of $5,000.00.
M - Brancheau S - Faught Vote - 5-0 Hinojosa-Flores & Tunnell absent
5. Motion to deny Mira Mar Development's appeal for a refund for the construction of additional storm drain and Rip Rap in the amount
of $23,500.00. M - Faught S - Franklin Vote - 5-0 Hinojosa-Flores & Tunnell absent
6. Motion to deny Mira Mar Development's appeal for a refund for installation of extra sanitary sewer manhole in the amount of
$3,500.00.
M - Faught S - Brancheau Vote - 5-0 Hinojosa-Flores & Tunnell absent
7. Motion to deny Mira Mar Development's appeal for a refund for installation of water line concrete caps in the amount of $3,000.00.
M - Brancheau S - Peters Vote - 5-0 Hinojosa-Flores & Tunnell absent
8. Motion to deny Mira Mar Development's appeal for a refund for installation of screen wall exterior columns in the amount of
$18,000.00.
M - Peters S - Franklin Vote - 5-0 Hinojosa-Flores & Tunnell absent
9. Motion to deny Mira Mar Development's appeal for a refund for installation of retaining walls and 4:1 slope in the amount of
$52,000.00.
M - Brancheau S - Faught Vote - 5-0 Hinojosa-Flores & Tunnell absent
10. Motion to deny Mira Mar Development's appeal for a refund for redundant excavation in flood plain in the amount of $18,000.00.
M - Hunt S - Brancheau Vote - 5-0 Hinojosa-Flores & Tunnell absent
11. Motion to deny Mira Mar Development's appeal for a refund for floodplain study checking in the amount of $2,000.00.
M - Faught S - Franklin Vote - 5-0 Hinojosa-Flores & Tunnell absent
12. Motion to deny Mira Mar Development's appeal for a refund for floodplain delay in the amount of $16,000.00.
M - Faught S - Hunt Vote - 5-0 Hinojosa-Flores & Tunnell absent
13. Motion to deny Mira Mar Development's appeal for a refund for surveying and landscape architect fees in the amount of
$27,000.00
M - Franklin S - Brancheau Vote - 5-0 Hinojosa-Flores & Tunnell absent
14. Motion to deny Mira Mar Development's appeal for a refund for engineering fees in the amount of $22,000.00.
M - Hunt S - Peters Vote - 5-0 Hinojosa-Flores & Tunnell absent
15. Motion to grant Mira Mar Development's appeal for a refund for park fees in the amount of $11,265.00.
M - Peters S - Franklin Vote - 4-1 w/Hunt voting against Hinojosa-Flores & Tunnell absent
16. Motion to deny Mira Mar Development's appeal for a refund for roadway assessment fees in the amount of $18,444.00.
M - Peters S - Brancheau Vote - 5-0 Hinojosa-Flores & Tunnell absent
17. Motion to deny Mira Mar Development's appeal for a refund for tree mitigation fees in the amount of $34,500.00.
M - Hunt S - Faught Vote - 5-0 Hinojosa-Flores & Tunnell absent
18. Motion to deny Mira Mar Development's appeal for a refund for inspection fees in the amount of $21,000.00.
M - Brancheau S - Franklin Vote - 5-0 Hinojosa-Flores & Tunnell absent
19. Motion to deny Mira Mar Development's appeal for a refund for redundant water bacteria test in the amount of $2,500.00.
M - Hunt S - Brancheau Vote - 5-0 Hinojosa-Flores & Tunnell absent
20. Motion to deny Mira Mar Development's appeal for a refund for the surrender of 0.725 acres of land mandated by City in the
amount of $125,000.00.
M - Hunt S - Brancheau Vote - 5-0 Hinojosa-Flores & Tunnell absent
21. Motion to grant Mira Mar Development's appeal for a refund for installation of extra 10" D.I. water tap in the amount of $4,500.00.
M - Brancheau S - Franklin Vote - 5-0 Hinojosa-Flores & Tunnell absent
22. Motion to deny Mira Mar Development's appeal for a refund for the wall permit and final plat approval in the amount of
$123,000.00.
M - Faught S - Franklin Vote - 5-0 Hinojosa-Flores & Tunnell absent
23. Motion to deny Mira Mar Development's appeal for a refund for the dedication of 0.147 acres of land in the amount of $49,000.00,
but to allow the outstanding check to Mira Mar in the amount of $3,200 to be cashed.
M - Brancheau S - Franklin Vote - 5-0 Hinojosa-Flores & Tunnell absent
24. Motion deny Mira Mar Development's appeal for a refund for water and sewer impact fees in the amount of $97,539.00.
M - Franklin S - Faught Vote - 5-0 Hinojosa-Flores & Tunnell absent
25. Motion to deny Mira Mar Development's appeal for a refund for screenwall exterior improvements in the amount of $35,000.00.
M - Brancheau S - Peters Vote - 5-0 Hinojosa-Flores & Tunnell absent
26. Motion to grant Mira Mar Development’s appeal for a refund for attorney’s fees in the amount of $1,800.00.
M – Peters S – Faught Vote – 4-1 Brancheau voted against Hinojosa-Flores & Tunnell absent
AGENDA REQUEST FORM DATE: April 28, 2009
ITEM #: 18
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Family Fish to be held May 9 from 9 am to 1 pm
at Andy Brown East.
B. Report by Mayor Stover regarding Education Foundation dinner on May 5.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: April 28, 2009
ITEM #: 19
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Peters and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Peters.
E. DFW Airport Board – Peters.
F. International Council for Local Environmental Initiatives (ICLEI) –Brancheau
G. Metrocrest Hospital Authority – Councilmember Tunnell.
H. Metrocrest Medical Foundation – Hunt.
I. Metrocrest Medical Services – Hinojosa-Flores.
J. Metrocrest Social Service Center – Hunt.
K. North Texas Council of Governments – Peters.
L. NTCOG/Regional Emergency Management – Franklin.
M. North Texas Commission – Franklin.
N. Senior Adult Services – Faught.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
AGENDA REQUEST FORM
DATE: April 28, 2009
ITEM #: 20
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: April 28, 2009
ITEM #: 21
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: April 28, 2009
Department Submissions:
Item No. 12/G was placed on the Agenda for the above-referenced City
Council meeting by the Human Resources Department. I have reviewed
the Agenda Request (and any backup if applicable) and hereby submit this
item to the City Council for consideration.
____________________
Human Resources Department
Item No. 12/H was placed on the Agenda for the above-referenced City
Council meeting by the Fire Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Fire Department
Item No. 16 was placed on the Agenda for the above-referenced City
Council meeting by the Planning Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Planning Department
Item Nos. 12/B, 12/C, 12/D, 14 and 15 were placed on the Agenda for
the above-referenced City Council meeting by the Engineering
Department. I have reviewed the Agenda Requests (and any backup if
applicable) and hereby submit these items to the City Council for
consideration.
____________________
Engineering Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)