HomeMy WebLinkAbout01/22/2015 - Regular Agenda Packet - City Council (2)City Council Regular
College Station, TX
Meeting Agenda - Final
City Hall
1101 Texas Ave
College Station, TX 77840
City Hall Council Chambers7:00 PMThursday, January 22, 2015
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentation:
* Presentation recognizing the 2014 Texas A&M women’s soccer team for advancing
to the NCAA College Cup for the first time in school history.
Hear Visitors: A citizen may address the City Council on any item which does not
appear on the posted Agenda. Registration forms are available in the lobby and at the
desk of the City Secretary. This form should be completed and delivered to the City
Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound
after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The
City Council will receive the information, ask staff to look into the matter, or place the
issue on a future agenda. Topics of operational concerns shall be directed to the City
Manager. Comments should not personally attack other speakers, Council or staff.
Consent Agenda
At the discretion of the Mayor, individuals may be allowed to speak on a Consent
Agenda Item. Individuals who wish to address the City Council on a consent agenda
item not posted as a public hearing shall register with the City Secretary prior to the
Mayor's reading of the agenda item. Registration forms are available in the lobby and
at the desk of the City Secretary.
2. Presentation, possible action and discussion of consent agenda items which
consists of ministerial or "housekeeping" items required by law. Items may be removed
from the consent agenda by majority vote of the Council.
Presentation, possible action, and discussion of minutes for:
· January 8, 2015 Workshop
· January 8, 2015 Regular Council Meeting
15-00222a.
Sponsors:Mashburn
WKSHP010815 DRAFT Minutes.docx
RM010815 DRAFT Minutes.docx
Attachments:
Presentation, possible action, and discussion regarding approval of
a real estate contract in the amount of $137,505 between the City
of College Station (Buyer) and Maria Saenz-Limon (Seller) for the
purchase of Lots 19-20, Block 2, Southland Addition, also known
as 128 Southland Street.
14-9192b.
Page 1 College Station, TX
January 22, 2015City Council Regular Meeting Agenda - Final
Sponsors:Harmon
128 Southland Street.pdfAttachments:
Presentation, possible action, and discussion regarding approval of
a Resolution that will authorize City staff to negotiate for the
purchase of public utility easements and temporary construction
easements needed for the Well Field Collection System Loop
Project.
14-9222c.
Sponsors:Harmon
Well Field Collection Project - Location Map.pdf
Well Field Collection System Loop Project - Needs Resolution.pdf
Attachments:
Presentation, possible action, and discussion regarding the
purchase of 80 traffic signal controllers from Iteris, Inc. to be
implemented as part of the ITS Master Plan and approval of a
resolution declaring intention to reimburse certain expenditures
with proceeds from debt. The total cost of this purchase is
$200,000.
15-00012d.
Sponsors:Rother
Sole Source Documentation Combined.pdf
ITS Master Plan DRR (1-22-2015) signed.pdf
Attachments:
Presentation, possible action, and discussion on approving the
award of an annual price agreement, for the purchase of fleet oils
and lubricants, to Kolkhorst Petroleum Co., Inc. for the amount of
$86,400.00. (Bid No. 15-019)
15-00112e.
Sponsors:Kersten
15-019 Tab.pdfAttachments:
Presentation, possible action, and discussion on approving annual
tire purchases and retread services from Southern Tire Mart, LLC
through the BuyBoard Purchasing Cooperative (Contract 140-14)
in the amount of $272,000.
15-00122f.
Sponsors:Kersten
Southern Tire Mart - BB Info.pdfAttachments:
Presentation, possible action, and discussion on an ordinance
amending Chapter 7, "Health and Sanitation", of the code of
ordinances of the City of College Station.
15-00162g.
Sponsors:Kersten
OrdinanceAttachments:
Presentation, possible action, and discussion regarding an 15-00212h.
Page 2 College Station, TX
January 22, 2015City Council Regular Meeting Agenda - Final
ordinance amending Chapter 11, “Utilities” Section 4, “Electric
Service” of the Code of Ordinances of the City of College Station,
Texas by adding subsection B entitled “Risk Management Policy”
authorizing participation in the ERCOT congestion revenue rights
(CRR) market and codifying procedures for managing risk
exposure and the maintenance of associated documents; providing
a severability clause; declaring a penalty; and providing an
effective date.
Sponsors:Crabb
Risk Management Policy OrdinanceAttachments:
Presentation, possible action, and discussion on Semi-Annual
Report for Impact Fees 92-01, 97-01, 97-02B, 99-01, and 03-02.
15-00242i.
Sponsors:Cotter
Semi-Annual Report 11.14.pdf
ImpactFeeAreas Map.jpg
LandUse Maps with Densities.pdf
Attachments:
Regular Agenda
At the discretion of the Mayor, individuals may be allowed to speak on a Regular
Agenda Item. Individuals who wish to address the City Council on a regular agenda
item not posted as a public hearing shall register with the City Secretary prior to the
Mayor's reading of the agenda item. Registration forms are available in the lobby and
at the desk of the City Secretary.
Individuals who wish to address the City Council on an item posted as a public hearing
shall register with the City Secretary prior to the Mayor's announcement to open the
public hearing.· The Mayor will recognize individuals who wish to come forward to
speak for or against the item. The speaker will state their name and address for the
record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal
thirty seconds remaining to conclude remarks. After a public hearing is closed, there
shall be no additional public comments. If Council needs additional information from
the general public, some limited comments may be allowed at the discretion of the
Mayor.
If an individual does not wish to address the City Council, but still wishes to be
recorded in the official minutes as being in support or opposition to an agenda item, the
individual may complete the registration form provided in the lobby by providing the
name, address, and comments about a city related subject. These comments will be
referred to the City Council and City Manager.
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending Chapter 12, "Unified
15-00031.
Page 3 College Station, TX
January 22, 2015City Council Regular Meeting Agenda - Final
Development Ordinance," Section 12-4.2, "Official Zoning Map," of
the Code of Ordinances of the City of College Station, Texas, by
changing the zoning district boundaries from GS General Suburban
to T Townhouse for approximately 1.84 acres for the property
being a portion of a called 12.753 acre tract in the Crawford Burnett
League, Abstract No. 7 as described by a deed to DWS
Development, Inc. recorded in Volume 12198, Page 194 of the
Official Public Records of Brazos County, Texas, generally located
at 3270 Rock Prairie Road West.
Sponsors:Bombek
Background
Sam and Aerial
Ordinance
Attachments:
Public Hearing, presentation, possible action, and discussion
regarding adoption of an ordinance amending Chapter 4 “Business
Regulations”, Section 13 “Oil and Gas Regulations” of the Code of
Ordinances, City of College Station, Texas; and amending Chapter
14 “Service Fees”, Section 14-6 “Development services”,
Subsection A “Oil and gas development application fees” the Code
of Ordinances, City of College Station, Texas.
14-8972.
Sponsors:Gibbs
1-Oil and Gas Ordinance_1-16-2015.pdf
2-Road Maintenance Agreement_1-16-2015.pdf
3-Acceptance Indemnity and Financial Agreement_1-16-2015.pdf
4-Fee Resolution_1-16-2015.pdf
Attachments:
Presentation, possible action, and discussion regarding an
ordinance directing staff to prepare a service plan and setting out
public hearing dates and times for the annexation of approximately
200 acres on the southwest side of the City, generally bordered by
FM 2154, Royder Road, and Greens Prairie Trail.
15-00043.
Sponsors:Simms
Ordinance.docxAttachments:
Presentation, possible action, and discussion regarding the
appointment of Chair to the Zoning Board of Adjustments.
15-00234.
Sponsors:Mashburn
ZBA.docxAttachments:
5.Adjourn.
Page 4 College Station, TX
The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is
raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the
Executive Session discussion.
APPROVED
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0022 Name:Minutes
Status:Type:Minutes Consent Agenda
File created:In control:1/8/2015 City Council Regular
On agenda:Final action:1/22/2015
Title:Presentation, possible action, and discussion of minutes for:
·January 8, 2015 Workshop
·January 8, 2015 Regular Council Meeting
Sponsors:Sherry Mashburn
Indexes:
Code sections:
Attachments:WKSHP010815 DRAFT Minutes.pdf
RM010815 DRAFT Minutes.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion of minutes for:
·January 8, 2015 Workshop
·January 8, 2015 Regular Council Meeting
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): Approval
Summary: None
Budget & Financial Summary: None
Attachments:
College Station, TX Printed on 1/17/2015Page 1 of 1
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WKSHP010815Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
JANUARY 8, 2015
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Steve Aldrich
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff:
Kelly Templin, City Manager
Chuck Gilman, Deputy City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
1. Council Group Photo session.
2. Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Berry at 4:19 p.m. on Thursday, January 8, 2015 in the Council Chambers of the City of
College Station City Hall, 1101 Texas Avenue, College Station, Texas 7784 0.
3. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.072-Real Estate, and §551.074-Personnel, the College Station City Council convened into
Executive Session at 4:20 p.m. on Thursday, January 8, 2015 in order to continue discussing
matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
WKSHP010815Minutes Page 2
Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v.
Laura Sue Streigler, City of College Station and James Steven Elkin s, No. 11-003172-
CV-272, in the 272nd District Court of Brazos County, TX
Cause No. 13-002978-CV-361, Deluxe Burger Bar of College Station, Inc. D/B/A Café
Eccell v. Asset Plus Realty Corporation, City of College Station, Texas and the Research
Valley Partnership, Inc., In the 361st Judicial District Court, Brazos County, Texas
Margaret L. Cannon v. Deputy Melvin Bowser, Officer Bobby Williams, Officer Tristan
Lopez, Mr. Mike Formicella, Ms. Connie Spence, Cause No. 13 002189 CV 272, In the
272nd District Court of Brazos County, Texas
Bobby Trant v. BVSWMA, Inc., Cause No. 33014, In the District Court, Grimes County,
Texas, 12th Judicial District
Robyn Taylor, et al vs. Boomfit, Carlos Lima and Alicia Lima and Lincoln Recreational
Center, Cause No. 13 003118 CV 85, In the 85th District Court of Brazos County, Texas
Juliao v. City of College Station, Cause No. 14-002168-CV-272, in the 272nd District
Court of Brazos County, Texas
B. Deliberation on the purchase, exchange, lease or value of real property; to wit:
Property located generally southeast of the intersection of Texas Avenue and Francis
Drive in College Station, Texas
Property located generally northeast of the intersection of University Drive and Boyett
Street
C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
Parks and recreation Board
Planning and Zoning Commission
Zoning Board of Adjustments
The Executive Session adjourned at 5:32 p.m.
4. Take action, if any, on Executive Session.
No action was required from Executive Session.
5. Presentation, possible action, and discussion on items listed on the consent agenda.
No items were pulled for clarification.
6. Presentation, possible action, and discussion regarding the Aquatics Assessment Report
compiled by Parks and Recreation staff at the direction of the City Council. This
comprehensive evaluation provides a detailed outline of facility conditions, analysis of
operations and maintenance, cost recovery, management options and recommendations.
David Schmitz, Director of Parks and Recreation, reported that staff conducted a comprehensive
analysis of aquatics operations to assess the operating conditions that may have an impact on t he
effectiveness of the aquatic programs and operating efficiencies of the division. Staff developed
WKSHP010815Minutes Page 3
facility recommendations based upon the needs ass essment findings in the report.
Recommendations were made for Adamson Lagoon, Cindy Hallaran Pool, Thomas Pool, and the
CSISD Natatorium, focusing on efficiencies, maintenance and overall operations.
7. Council Calendar
Council reviewed the calendar.
8. Presentation, possible action, and discussion on future agenda items: a Councilmember
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall
be limited to a proposal to place the subject on an agenda for a subsequent meeting.
Mayor Berry requested an item regarding the Landmark Commission and its need in the future.
Councilmember Benham requested that staff prepare a report for Council related to food truck
operators and a designated parking area.
9. Discussion, review and possible action regarding the following meetings: Animal Shelter
Board, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee,
Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments,
Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos
Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget
and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee,
Convention & Visitors Bureau, Design Review Board, Economic Development Committee,
Gigabit Broadband Initiative, Historic Preservation Committee, Interfaith Dialogue
Association, Intergovernmental Committee, Joint Relief Funding Review Committee,
Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and
Recreation Board, Planning and Zoning Commission, Research Valley Partnership,
Research Valley Technology Council, Regional Transportation Committee for Council of
Governments, Transportation and Mobility Committee, TAMU Student Senate, Texas
Municipal League, Twin City Endowment, Youth Advisory Council, Zoning Board of
Adjustments.
Councilmember Brick reported on the Bicycle, Pedestrians and Greenways Committee.
10. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 6:53 p.m. on Thursday, January 8, 2015.
________________________
Nancy Berry, Mayor
ATTEST:
WKSHP010815Minutes Page 4
_______________________
Sherry Mashburn, City Secretary
RM010815 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
JANUARY 8, 2015
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Steve Aldrich
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff:
Kelly Templin, City Manager
Carla Robinson, City Attorney
Chuck Gilman, Deputy City Manager
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called t o
order by Mayor Berry at 7:06 p.m. on Thursday, January 8, 2015 in the Council Chambers of the
City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
1. Pledge of Allegiance, Invocation, consider absence request.
Scouts from Troops 802 and 1861 led the assembly in the Pledge of Allegiance.
Citizen Comments
Christian Brannstrom 726 Willow Loop, a professor in the TAMU geography department,
commented on why a strong oil and gas ordinance is a good idea. He noted a key issue in the
Denton case was the operator told citizens to relay complaints to TCEQ. There is also the
hollow threat of regulatory takings. This is a political decision made on an objective basis.
There is a question on subsequent development issues after the fracking is done. Task forces are
created to get more citizen input. Clear rules for operators are a good thing.
RM010815 Minutes Page 2
Eric Jacobson, 331 Bernburg Lane, noticed the availability of pools has diminished. Regarding
the outsourcing proposal, who will assume the risks; the facilities will still be ours. Staffing
models utilized are based on current models. There will be upcharges for additional staff when
needed. Will the pool management company do background checks like the City does?
Spraypads will increase the off flow into storm drains and not conserve the water. Costs related
to water conservation may not be included. He noted that he has thirty years of experience in the
aquatics industry.
Ben Roper, 5449 Prairie Dawn Court, came before Council to honor the service and sacrifice of
Chief Warrant Officer Andrew Todd Arnold.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
December 18, 2014 Workshop
December 18, 2014 Regular Council Meeting
2b. Presentation, possible action, and discussion on approving an annual blanket purchase
order for the purchase of repair parts and repair labor for Fire apparatus from Siddons-
Martin Emergency Group through the BuyBoard Purchasing Cooperative (Contract 399-
12). The estimated annual expenditure is anticipated to be approximately $50,000.
2c. Presentation, possible action, and discussion regarding approval of a contract with
Elliott Construction, LLC for the Patricia Street Bore for electric conduits in the amount of
$108,575.
2d. Presentation, possible action and discussion on an ILA with the Texas A&M University
System to assist in funding Task 5 of the Kyle Field Game Day Plan to evaluate and
improve game day operations. The City’s portion of the anticipated $100,000 project cost is
$18,000.
2e. Presentation, possible action and discussion regarding the renewal of the annual pricing
agreement for the rental of heavy machinery with Mustang Rental Services of Bryan, TX
in the amount of $75,000 annually.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda. The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion on Ordinance 2015-3627,
Budget Amendment #1 amending Ordinance No. 3605 which will amend the budget for the
2014-2015 Fiscal Year in the amount of $4,632,703; and presentation, possible action and
discussion on a contingency transfer in the amount of $154,450.
Jeff Kersten, Assistant City Manager, provided a summary of the proposed budget amendment,
which also includes a contingency transfer. He noted that the City has resources or can
RM010815 Minutes Page 3
reasonably expect resources to cover the appropriations in this budget amendment. If approved,
the net revised budget will be $257,721,238.
At approximately 7:31 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:31 p.m.
MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember
Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015-
3627, Budget Amendment #1 amending Ordinance No. 3605 which will amend the budget for
the 2014-2015 Fiscal Year in the amount of $4,632,703; and to authorize a contingency transfer
in the amount of $154,450. The motion carried unanimously.
2. Presentation, possible action, and discussion regarding the appointment of
Councilmembers to boards and commissions.
Arts Council of the Brazos Valley: Steve Aldrich
Arts Council Ad Hoc Committee : Nancy Berry; Julie Schultz
Audit Committee: Nancy Berry, Steve Aldrich, Karl Mooney
Blinn College Brazos Valley Advisory Committee: Nancy Berry
Brazos County Health Department: Blanche Brick, John Nichols
Brazos Valley Council of Governments: Nancy Berry
Brazos Valley Area Communications Taskforce: James Benham
Budget and Finance: James Benham, John Nichols
BVSWMA: Nancy Berry, Karl Mooney
BVWACS: James Benham
CEOC Policy Advisory Board: Nancy Berry
Compensation and Benefits: Blanche Brick, Karl Mooney
Convention & Visitors Bureau: Karl Mooney, with Julie Schultz as alternate
Economic Development: Nancy Berry, John Nichols, Julie Schultz
Intergovernmental Council: Nancy Berry, Blanche Brick, Karl Mooney
Joint Neighborhood Parking Task Force: Blanche Brick, Julie Schultz
Lick Creek Park Nature Center Advisory Board: Blanche Brick
Metropolitan Planning Organization: Nancy Berry
Research Valley Partnership: Nancy Berry, Julie Schultz
Research Valley Technology Council: James Benham
RPO Transportation Committee for Council of Governments: Blanche Brick
*Bicycle, Pedestrian, and Greenways Advisory Board: Blanche Brick
Transportation and Mobility: Blanche Brick, John Nichols
3. Presentation, possible action and discussion regarding appointments to the following
boards and commissions:
B/CS Library Committee
Bicycle, Pedestrian, and Greenways Advisory Board
Construction Board of Adjustments
Convention and Visitors Bureau
RM010815 Minutes Page 4
Design Review Board
Historic Preservation Committee
Joint Relief Funding Review Committee
Landmark Commission
Parks and Recreation Board
Planning and Zoning Commission
Zoning Board of Adjustments
Appointments were made as follows:
B/CS Library Committee: Diane Rektoric, Mary Troy
Bicycle, Pedestrian, and Greenways Advisory Board: Brandon Boatcallie, Philip Lasley
Construction Board of Adjustments: Joe Fix, Linda Harvell, William McKinney (no
alternate was appointed)
Design Review Board: Rory Cannaday, Ceci Matthews (alternate), Susan McGrail,
William McKinney
Historic Preservation Committee: G. David Higginson, Joel Mathai, Jeremy Nichols,
Marilyn Randall
Joint Relief Funding Review Committee: Shawn Pulliam
Landmark Commission: This was postponed due to lack of applications
Parks and Recreation Board: Louis Hodges, Douglas Kingman, Roger Reese, Debe
Shafer as chair
Planning and Zoning Commission: Roger Joseph, Barry Moore, Jodi Warner, and Jane
Kee as chair
Zoning Board of Adjustments: Rory Cannaday (unexpired), Linda Harvell (alternate), G.
David Higginson (alternate), Ceci Matthews, Scott Simpson
4. Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 8:02 p.m. on Thursday, January 8, 2014.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:114-919 Name:128 Southland Street Purchase
Status:Type:Contract Consent Agenda
File created:In control:12/31/2014 City Council Regular
On agenda:Final action:1/22/2015
Title:Presentation, possible action, and discussion regarding approval of a real estate contract in the
amount of $137,505 between the City of College Station (Buyer) and Maria Saenz-Limon (Seller) for
the purchase of Lots 19-20, Block 2, Southland Addition, also known as 128 Southland Street.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:128 Southland Street.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding approval of a real estate contract in the amount of $137,505
between the City of College Station (Buyer) and Maria Saenz-Limon (Seller) for the purchase of Lots 19-20, Block 2,
Southland Addition, also known as 128 Southland Street.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the contract which will authorize the Mayor to execute the contract and will authorize the City
Attorney to complete the transaction.
Summary: The property at 128 Southland Street has had problems with flooding in the past. As part of the City's Drainage Master Plan, Bee Creek
Tributary B was studied to determine ways to address flooding concerns in the area.
The Southland Street Drainage Project was initiated to address these issues. Easements were identified that would allow for excavation and some
clearing of vegetation to improve conveyance along the existing channel to reduce localized flooding that occurs at the east end of Southland Street,
as well as provide for the extension of an existing 6" waterline.
During negotiations with the owner of 128 Southland Street to purchase easements on her property, an agreement was reached to purchase the
entire property. In addition to allowing the needed excavation for drainage and extension of the waterline, purchasing the entire property will allow
for the preservation of floodplain and the future construction of a greenway trail.
As part of the contract negotiations, the seller will occupy the residence until six months from the closing date, at which time the City will demolish
the structure.
Budget & Financial Summary: The purchase price for the property is $137,505. Additional funds in the amount of approximately $10,000 will be
required for a survey, environmental study, title insurance, closing costs and other fees. Greenway/Floodplain project funds are available for this
purchase.
Attachments:
1. Project Map
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File #:14-919,Version:1
2. Real Estate Contract - On file in the City Secretary's Office
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:114-922 Name:Wellfield Collection System Loop Project Needs
Resolution
Status:Type:Resolution Consent Agenda
File created:In control:12/31/2014 City Council Regular
On agenda:Final action:1/22/2015
Title:Presentation, possible action, and discussion regarding approval of a Resolution that will authorize
City staff to negotiate for the purchase of public utility easements and temporary construction
easements needed for the Well Field Collection System Loop Project.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:Well Field Collection Project - Location Map.pdf
Well Field Collection System Loop Project - Needs Resolution.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for
the purchase of public utility easements and temporary construction easements needed for the Well Field Collection
System Loop Project.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends Council approval of the Resolution Determining Public Need and Necessity.
Summary: This project will consist of the easement acquisition, design, and construction for a well field collection line along
West OSR in northwest Brazos County. This proposed line connection will incorporate a redundant well field collection
system and will also allow for flow to be diverted during maintenance and/or outages in the well fields. This specific
segment of line will connect the existing Well #6 Collection Line to the existing Well #7 Collection Line via a proposed 30"
ductile iron water transmission line along West OSR.
Budget & Financial Summary: A total budget of $900,000 is included for this project in the Water Capital Improvement
Projects Fund. Funds in the amount of $148,635.36 have been spent or encumbered to date, leaving a balance of
$751,364.64 for this effort and remaining expenses.
Attachments:
1.Project Map
2.Resolution Determining Public Need and Necessity with Exhibit “A”
College Station, TX Printed on 1/17/2015Page 1 of 1
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Hinkle
Approximate location of 30' PUE and 30' TCEW OSRS A N D Y P O I N T R D
RYE SCHOOL RD
RYE LO
CONQUISTADOR CRSUERTERO STLegend - Water Lines
Distribution
Fire
Transmission
Collection
Notice: The accuracy of this data is limited to the validity and accuracy of available data, and therefore the City makes no representation or warranties as to the accuracy of the data. Any party using the data does so at their own risk. This data isproduced pursuant to the Texas Public Information Act.
Map Created on November 14, 2014.
´Well Field Collection System Loop ProjectLocation Map
1
O:\Admin\Council Agenda Items\2015\01 22 15\Wellfield Collection System Loop Project - Needs Resolution\Well Field Collection
System Loop Project - Needs Resolution.docx
RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, DETERMINING PUBLIC NEED AND NECESSITY FOR THE
CITY TO INITIATE, COMPLETE, AND ACQUIRE CERTAIN PROPERTY
LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF
WEST OSR AND SANDY POINT ROAD, BRYAN, BRAZOS COUNTY, TEXAS,
FOR THE PURPOSE OF THE WELL FIELD COLLECTION SYSTEM LOOP
PROJECT; AUTHORIZING THE CITY AND ITS REPRESENTATIVES AND
EMPLOYEES TO TAKE ANY AND ALL REASONABLE ACTIONS TO
ACHIEVE SAME; AND CONTAINING OTHER PROVISIONS RELATED TO
THE SUBJECT MATTER.
WHEREAS, the City of College Station, Texas (“City”) is a home rule municipality duly
incorporated and chartered under the constitution and laws of the state of Texas; and
WHEREAS, the City is engaged in the Well Field Collection System Loop Project
(“Project”); and
WHEREAS, such Project is for the public purpose of supplying water and water services;
and
WHEREAS, such Project is located at or about the following physical location: the
northwest corner of the intersection of West OSR and Sandy Point Road in Bryan, Brazos
County, Texas; and
WHEREAS, such Project will necessitate the acquisition of land as set forth in this
Resolution; and
WHEREAS, the City Council of the City desires to acquire land for the Project to achieve
the aforesaid public purpose, and herein determines it to be in the best interest of its citizens
and the general public to designate its lawful agents and representatives, including City
staff, to achieve same, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the facts and recitations set forth in the preamble of this Resolution are
hereby declared true and correct.
PART 2: That the City Council of the City of College Station, Texas, herein
determines it to be in the best interest of its citizens and the general public
to commence the Well Field Collection System Loop Project at the
northwest corner of the intersection of West OSR and Sandy Point Road in
2
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System Loop Project - Needs Resolution.docx
Bryan, Brazos County, Texas, for the public purpose of supplying water and
water services, and to take any and all reasonable action to achieve
completion of the Project, including the acquisition of property.
PART 3: That the Project will require the acquisition of an easement interest in the
property as described in Exhibit “A” attached hereto and made a part of this
Resolution (“Property”).
PART 4: That the City’s representatives, agents, and staff are hereby authorized to
acquire the Property pursuant to applicable law, including Chapter 2206
Texas Government Code and Chapter 21 Texas Property Code as same may,
from time to time, be amended; and to specifically provide the Landowner’s
Bill of Rights to landowners, and to conduct such land appraisals as may be
desired and as may be required by law.
PART 5: That adoption of this Resolution shall not authorize the City’s
representatives, agents, and staff to proceed to condemnation without first
obtaining express authority to condemn from the City Council.
PART 6: That the City Manager is hereby authorized to direct and designate City staff
and to contract with one or more agents or representatives as deemed
appropriate to act on behalf of the City to acquire the Property, including
contracting with professional appraisers for appraisal services, and
contracting with professional real estate agents to act as a land agent for the
City relating to acquisition of the Property.
PART 7: That the City Attorney and his authorized designee be hereby authorized to
execute those documents necessary to close on the purchase of the Property.
PART 8: That the City Manager and his authorized designee be authorized to sell any
surplus improvements and to order the removal or the demolition of any
improvements that are located on the Property that in their determination
hinder or are unnecessary to completion of the Project.
PART 9: That this Resolution shall take effect immediately from and after its
passage.
ADOPTED this ________ day of ____________________________, A.D. 20___.
ATTEST: APPROVED:
____________________________ ______________________________
City Secretary MAYOR
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APPROVED:
____________________________
City Attorney
4
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EXHIBIT “A”
Being all those tracts or parcels of land necessary to complete a waterline project located
along a route extending along West OSR in Bryan, Brazos County, Texas. Said route
depicted on the map attached hereto and made part hereof. The parcels needed in easement
interest for the project may be acquired from the following lands:
Landowner (Now or Formerly): HINKLE, BONNIE GAYE HALTOM
Brazos County Appraisal District Property ID: 13384
Street Address: West OSR, Bryan, Texas
Legal Description: Abstract No. 48, Francisco Ruiz Survey, 50.6 Acres; as described in
Distribution Deed from Dorcas Higgs Haltom recorded in Volume 9248, Page 171,
Official Records of Brazos County, Texas.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0001 Name:Traffic Signal Controllers for ITS Master Plan and a
Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds from Debt
Status:Type:Resolution Consent Agenda
File created:In control:1/5/2015 City Council Regular
On agenda:Final action:1/22/2015
Title:Presentation, possible action, and discussion regarding the purchase of 80 traffic signal controllers
from Iteris, Inc. to be implemented as part of the ITS Master Plan and approval of a resolution
declaring intention to reimburse certain expenditures with proceeds from debt. The total cost of this
purchase is $200,000.
Sponsors:Troy Rother
Indexes:
Code sections:
Attachments:Sole Source Documentation Combined.pdf
ITS Master Plan DRR (1-22-2015) signed.pdf
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding the purchase of 80 traffic signal controllers
from Iteris,Inc.to be implemented as part of the ITS Master Plan and approval of a resolution
declaring intention to reimburse certain expenditures with proceeds from debt.The total cost of this
purchase is $200,000.
Relationship to Strategic Goals:
·Core Services and Infrastructure
·Improving Mobility
Recommendation(s):Staff recommends approving the purchase of the controllers and recommends
approval of the resolution declaring intention to reimburse certain expenditures with proceeds from
debt.
Summary:The ITS Master Plan includes the purchase of 80 traffic signal controllers to replace the
currently deployed signal controllers that are at the end of their useful life in order to improve the
communication and functionality of the traffic signal system.This is a sole source purchase and is
exempt from competitive bidding as more fully described in Texas Local Government Code,Chapter
252.022, (7) (D). See the attached sole source justification documentation for additional information.
Because the traffic signal controller has a long production lead time,staff is recommending that this
item be purchased now to expedite the delivery.The rest of the equipment can be ordered at a later
date and scheduled to arrive at the same time as the signal controllers.Staff anticipates sending a
contract to Council soon for the purchase of the rest of the items and services needed to complete
implementation of the ITS Master Plan.
Budget &Financial Summary:A budget of $4,575,000 is included for this project in the Streets
College Station, TX Printed on 1/17/2015Page 1 of 2
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File #:15-0001,Version:1
Budget &Financial Summary:A budget of $4,575,000 is included for this project in the Streets
Capital Improvement Projects Fund.It is anticipated that this project will be completed in phases and
the planned funding is structured to reflect the project phasing.Certificates of Obligation in the
amount of $4,500,000 are budgeted to be issued for this project.An additional $75,000 is budgeted
to be transferred from the General Fund for the items that are not expected to be debt eligible.The
"Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt"is
necessary for this item because the long term debt has not been issued for the project.The debt for
the project is scheduled to be issued in future fiscal years.
Attachments:
1. Iteris, Inc. quote and sole source justification documentation
2. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt
College Station, TX Printed on 1/17/2015Page 2 of 2
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6. 0 NONE OF THE ABOVE IS APPLICABLE. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SOLE
SOURCE REQUEST IS CONTAINED IN THE ATTACHED MEMORANDUM.
The undersigned attests that the above is true and correct and requests that this purchase be exempt from the City's
purchasing policies and applicable state law requirements for competitive procurement.
DEPARTMENT DIRECTOR PRINTED NAME
DEPARTMENT DIRECTOR SIGNATURE
I
DEPARTMENT DATE
~~APPROVED
NOT APPROVED
(FOR,PURCHASING DEPARTMENT USE ONLY)
' I , I
DA TE: G I I c 5 / ·2 0 \ r::;
Department of Public Works
MEMORANDUM
TO: Lisa Davis, Buyer
FROM: Troy Rother, P.E., City Traffic Engineer
DATE: January 2, 2015
RE: Justification for purchasing Siemens traffic control products through Iteris, Inc.
The City’s Traffic Division currently uses traffic signal controllers (M40 and M50) and central
system software (ACTRA) from Siemens Industry, Inc. to operate the traffic signals in the city.
As part of the implementation of the ITS Master Plan, the decision was made to remain with
the Siemens products by upgrading to the newer traffic signal controllers (M52L) and central
system software (TACTICS). This decision was based on the fact that our technicians are
familiar with the Siemens products and this combination of equipment (central system
software and controller) provides a transition path that will be the least impactful and
noticeable to the residents of College Station as we move from the old to the new technology.
Additionally, to get the full functionality out of the controller, the software must also be
purchased, and vice versa. While other central system software may communicate with the
Siemens’ controllers, some functionality can be lost with this combination of technology.
Additionally, when a communication mishap occurs, one of the vendors will have to modify
their communication protocol to correct the problem. This correction could cost the City
additional funds to address. For these reasons, a single vendor for both the central system
software and controller was desired.
Finally, choosing to remain with Siemens products allow the Traffic Division of the City to
standardize its operations and services. This eases the troubleshooting task for our technicians
when problems arise and reduces the amount of inventory needed to keep on hand for
unexpected problems caused by lightning storms or errant vehicles.
Siemens Industry, Inc. is the sole manufacture of the M52L traffic signal controller and the
TACTICS central system software. However, Siemens Industry, Inc. has contracted with Iteris,
Inc. to be sole distributer authorized to sell, install and support Siemens ITS traffic control
products in the State of Texas.
Page 1 of 1
JOHN DRAKE
1700 Carnegie Ave. Suite 100 Quote #: 010215-1-JGD
Santa Ana, CA 92705-5551
Phone: (512)592-9567
email: jgd@iteris.com, web site: www.iteris.com
Garrett Martinek gmartinek@cstx.gov
College Station, City of
2613 Texas Ave. South,
College Station, TX 77840
Agency:College Station November 24, 2014
Project Name:Controller
ITEM # DESCRIPTION NOTES QTY SUPPLIER UNIT PRICE EXT. PRICE
8130‐0000‐0014
8132‐0000‐014 ‐ Linux controller with
USB and new 16 line display SOLE SOURCE 80 $2,500.00 $200,000.00
ABW12027P001 CBL, TYPE 2 TO TYPE 1 ADPTR
PIM177 MANUAL OP EPAC
PIM177D MANUAL, USER M51/M52
SUBTOTAL $200,000.00
FREIGHT PPD
TAX 0.00%
DISCOUNT 0.00%
TOTAL $200,000.00
EQUIPMENT QUOTE
This quotation and any resulting order are subject to Iteris' Roadway Sensor Products Standard Terms and Conditions of Sale
attached hereto or available at http://www.iteris.com/RS‐Std‐TC.pdf, which are incorporated herein by this reference.
Fax or email Purchase Orders to: Marilyn Holden, (949) 270‐9441, mdh@iteris.com, please include quote number on your
purchase order
Quote Terms: Net 30 days, subject to credit approval and Iteris Standard Terms & Conditions unless negotiated in writing with
Iteris, Inc. prior to purchase.
Prices are valid for 30 days from the date of quote unless extended in writing.
FOB Destination, freight included, does not include insurance. Equipment from this quote may only be installed in the State of
Texas.
RESOLUTION NO. _________________
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH
PROCEEDS FROM DEBT
WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and
political subdivision of the State of Texas;
WHEREAS, the City expects to pay expenditures in connection with the design, planning,
acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project")
prior to the issuance of obligations by the City in connection with the financing of the Project from available
funds;
WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the
payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and,
as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the
Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance
the Project;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STAT ION, TEXAS THAT:
Section 1. The City reasonably expects it will incur debt, as one or more series of obligations,
with an aggregate maximum principal amount not to exceed $4,500,000, for the purpose of paying the
aggregate costs of the Project.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt
obligations will be issued by the City in furtherance of this Statement after a date which is later than 18
months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with
respect to which such expenditures were made, is placed in service.
Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to
this Statement more than three years after the date any expenditure which is to be reimbursed is paid.
PASSED AND APPROVED THIS 22nd DAY OF January, 2015.
_______________________________
Nancy Berry, Mayor
ATTEST:
_________________________________
Sherry Mashburn, City Secretary (Seal)
APPROVED:
_________________________________
McCall, Parkhurst & Horton L.L.P.
Bond Counsel
Exhibit "A"
The projects to be financed that are the subject of this Statement are:
Intelligent Transportation System (ITS) Master Plan Implementation: The ITS Master Plan was
developed to help the City maintain and improve mobility. The ITS Master Plan Implementation includes
the upgrade of the central traffic signal software; the upgrade of signal controllers, cabinets and
communications infrastructure; field equipment upgrades; the central traffic signal system (ATMS)
upgrade; conflict monitors, detection and monitoring equipment, traffic management center
improvements; signal shop upgrades, generators, server, and integration/support services needed to
complete the project.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0011 Name:Fleet Oils and Lubricants
Status:Type:Presentation Consent Agenda
File created:In control:1/6/2015 City Council Regular
On agenda:Final action:1/22/2015
Title:Presentation, possible action, and discussion on approving the award of an annual price agreement,
for the purchase of fleet oils and lubricants, to Kolkhorst Petroleum Co., Inc. for the amount of
$86,400.00. (Bid No. 15-019)
Sponsors:Jeff Kersten
Indexes:
Code sections:
Attachments:15-019 Tab.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on approving the award of an annual price agreement,
for the purchase of fleet oils and lubricants, to Kolkhorst Petroleum Co., Inc. for the amount of
$86,400.00. (Bid No. 15-019)
Relationship to Strategic Goals:Goal I.1. Spending taxpayer money efficiently
Recommendation(s):Staff recommends award of the price agreement to the bidder offering the
best value,Kolkhorst Petroleum Co.,Inc.,with annual estimated expenditures totaling $86,400.00.
Contingent upon Council approval,this agreement will be effective January 23,2015 for a term of
one (1) year with two (2) 1-year renewal options available.
Summary:Competitive sealed bids were solicited and opened on December 15,2014.Seven (7)
bids were received and upon tabulating and evaluating the bids,it was determined that Kolkhorst
Petroleum Co.,Inc.offered the best value meeting specifications.Brenco Marketing Corporation’s
bid was the lowest overall;however,their proposed product for multi-vehicle transmission fluid is not
approved for Allison transmissions.Various oils,fluids and lubricants will be purchased on an as-
needed basis for the purpose of maintaining City fleet/equipment.
Budget &Financial Summary:Funds are budgeted and available in the Fleet Maintenance fund.
Fleet purchases are maintained in inventory and expensed to departments as needed.
Reviewed and Approved by Legal:Yes
Attachments:Bid Tabulation
College Station, TX Printed on 1/17/2015Page 1 of 1
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City of College Station - Purchasing DivisionBid Tabulation for #15-019"Fleet Maintenance Oils and Lubricants"Open Date: Monday, December 15, 2014 @ 2:00 p.m.ITEM QTY UNIT DESCRIPTION UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE1 6,000 Gal. AW 68 Hydraulic Oil$5.42 $32,520.00 $4.80 $28,800.00 $5.27 $31,620.00 $5.45 $32,700.00 $5.50 $33,000.00 $6.65 $39,900.00 $12.55 $75,300.002 1,000 Gal. Automatic Transmission Fluid (Multi-vehicle)$5.92 $5,920.00 $9.60 $9,600.00 $12.40 $12,400.00 $12.88 $12,880.00 $7.00 $7,000.00 $13.81 $13,810.00 $18.15 $18,150.003 6,000 Gal. Oil, Engine, SAE Grade 10W30$5.98 $35,880.00 $6.45 $38,700.00 $7.41 $44,460.00 $8.10 $48,600.00 $7.18 $43,080.00 $8.38 $50,280.00 $16.80 $100,800.00412Drum(120 lb)Grease #2EP Hi-Temp$299.69 $3,596.28 $255.00 $3,060.00 $249.20 $2,990.40 $279.00 $3,348.00 $200.00 $2,400.00 $286.00 $3,432.00 $406.80 $4,881.60512Drum(55 Gal)Lubricant, All Purpose Gear, GL5, SAE Grade 85W140$613.29 $7,359.48 $520.00 $6,240.00 $473.30 $5,679.60 $550.00 $6,600.00 $440.00 $5,280.00 $603.88 $7,246.56 $876.00 $10,512.00N/A N/A0% 0%Brenco MarketingBid "Pure Guard Dexron III" for Bid Item 2 - Multi-vehicle Automatic Transmission Fluid, which is not approved for Allisontransmissions.2% 0% 0%N/A N/AUniversal LubricantsIncluded an alternate bid for Item 2 - Universal Synzol @ $13.50/gallonTOTAL BID PLUS PROMPT PAYMENT DISDOUNT N/A N/A $95,207.00K.D. Timmons, Inc.(Bryan, TX)$104,128.00Pure Guard, Tru South, Preferred Choice Kolkhorst, Royal$85,275.76 $86,400.000% 0%K.D. TimmonsIncluded an alternate bid for Item 2 - Synthetic TES-295 ATF @ 15.95/gallonNOTES:Certification of Bid TOTAL BIDBrenco Marketing(Bryan, TX)Kolkhorst Petroleum Co. Inc.(Navasota, TX)Universal Lubricants(Whichita, KS)Fleetmaxx$97,150.00Manufacturer(s)Prompt Payment DiscountSuper SBrazos Valley Lubricants(Bryan, TX)Universal, Eco Ultra Tru South, Chevron ChemsearchNAPA Auto Parts(Bryan, TX)Chemsearch a Division of NCHCorp.(Irving, TX)$90,760.00 $114,668.56 $209,643.60Page 1 of 1
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0012 Name:Annual Auto & Truck Tire Purchases
Status:Type:Presentation Consent Agenda
File created:In control:1/6/2015 City Council Regular
On agenda:Final action:1/22/2015
Title:Presentation, possible action, and discussion on approving annual tire purchases and retread
services from Southern Tire Mart, LLC through the BuyBoard Purchasing Cooperative (Contract 140-
14) in the amount of $272,000.
Sponsors:Jeff Kersten
Indexes:
Code sections:
Attachments:Southern Tire Mart - BB Info.pdf
Action ByDate Action ResultVer.
Presentation,possible action,and discussion on approving annual tire purchases and retread
services from Southern Tire Mart,LLC through the BuyBoard Purchasing Cooperative (Contract 140-
14) in the amount of $272,000.
Relationship to Strategic Goals:
1.Financially Sustainable City
Recommendation(s):Staff recommends approval to purchase new tires and retread services from
Southern Tire Mart,LLC through the BuyBoard Purchasing Cooperative contract.The estimated
annual expenditure of $272,000.00 is based on the average amount spent on new tires and retread
services since January 2014 and the anticipated needs for existing vehicles and new vehicles being
added to inventory this fiscal year.Estimated annual expenditures are $197,000.00 for the purchase
of new tires and $75,000 for retread services.Staff also recommends approval to cancel existing
blanket purchase orders issued to Pilger’Tire &Auto Center for new tires and Strouhal Tire
Recapping Plant, Inc, for retread services.
Summary:On January 4,2014,City Council approved annual tire purchases from Pilger’s Tire &
Auto Center (TxMAS contract)for the amount of $197,000.and on June 22,2014,City Council
approved the purchase of annual tire retread services from Strouhal Tire Recapping Plant,Inc.
(TxMAS contract)for the amount of $70,000.Since these approvals,TxMAS (Texas Multiple Award
Schedules)has cancelled all tire related contracts.Southern Tire Mart,LLC offers new tires and
retread services on a single contract through the BuyBoard Purchasing Cooperative.BuyBoard is a
purchasing cooperative for public agencies.All products and services available for purchase through
BuyBoard contracts have been competitively bid and awarded and satisfy any State law
requirements relating to competitive bids or proposals.
Budget &Financial Summary:Funds are available and budgeted in the Fleet Maintenance fund
which is funded by all other departments.
College Station, TX Printed on 1/17/2015Page 1 of 2
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File #:15-0012,Version:1
Reviewed and Approved by Legal:Yes
Attachments:Summary of BuyBoard Contract 470-14
College Station, TX Printed on 1/17/2015Page 2 of 2
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Index
https://www.buyboard.com/Search/Index?SearchTerm=&VendorId=1764&DiscountProductId=-1[12/23/2014 3:35:38 PM]
Contact us 800-695-2919
Phone: 800-695-2919
Fax: 800-211-5454
Email: info@buyboard.com
Welcome Lisa [ Log Off ]
Search:
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Additional Resources
Vendor Name: Southern Tire Mart LLC
Address: 529 Industrial Park Road
Columbia, MS 39429
Phone Number:(877) 786-4681
Alternate Phone Number (601) 410-4762
Email: rconwill@stmtires.com
Federal ID: 06-1689011
Contact: Richard Conwill
Accepts RFQs: Yes
Minority Owned Vendor: No
Women Owned Vendor: No
Contract Name: Tires, Tubes and Automotive Parts, Supplies and Equipment
Contract#: 470-14
Effective Date: 12/01/2014
Expiration Date: 11/30/2017
Payment Terms: Net 30 days
Delivery Days: 7
Shipping Terms: Pre-paid and added to invoice
Freight Terms: FOB Destination
Ship Via: Company Truck
Region Served: All Texas Regions
States Served: Arkansas, Florida, Georgia, Louisiana, Mississippi, Nevada, Oklahoma, Tennessee, Texas
Quote Reference Number: 470-14
Return Policy: See attached.
Additional Dealers: See Extended Exceptions for dealer list.
Contract Documents
Proposal Documents:Click to view BuyBoard Proposal Documents
Extended Exceptions:Click to view Extended Contract Exceptions
Regulatory Notice:Click to view Bonding Regulatory Notice
Construction Services Advisory:Click to view the Construction Related Goods and Services Advisory
Vendor Contract Information
Administration RFQ Reports Shopping Cart Help
0% - 45% discount off tires and
tubes of various manufacturers:
Michelin, BFGoodrich, Uniroyal,
Firestone and Bridgestone.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0016 Name:Health Dept. Ordinance Revision
Status:Type:Ordinance Consent Agenda
File created:In control:1/6/2015 City Council Regular
On agenda:Final action:1/22/2015
Title:Presentation, possible action, and discussion on an ordinance amending Chapter 7, "Health and
Sanitation", of the code of ordinances of the City of College Station.
Sponsors:Jeff Kersten
Indexes:
Code sections:
Attachments:Ordinance
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on an ordinance amending Chapter 7, "Health and
Sanitation", of the code of ordinances of the City of College Station.
Recommendation(s):Staff recommends approval of the ordinance amending Chapter 7, “Health and
Sanitation”, section 7-5, “Food Establishments”, Subsection B(2) “Issuance of permit and subsection E
“Suspension of Permit”, as requested by the Brazos County Health Department.
Summary:The Brazos County Health Department is the regulatory body that enforces the City’s Food
Establishment ordinances.The Health Department has requested changes to the ordinance to address
issues they have with enforcement.
The first change states that if a food establishment is found to be operating without a permit,it must
close immediately until a permit is issued.It also provides for a re-inspection fee that may be charged to
the establishment.
The second change addresses permit suspension and clarifies the time frame that a permit may be
revoked after a third suspension in a 12 month period.It also addresses the process for getting a new
permit issued.
The final change states that failure to pay permit fees and other related fees when due may result in a
permit suspension.
The City of Bryan has also been asked to make these changes.
Budget & Financial Summary:This will have no financial impact on the City of College Station.
Reviewed & Approved by Legal:
Attachments:
Ordinance
College Station, TX Printed on 1/17/2015Page 1 of 2
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ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 7, “HEALTH AND SANITATION”, OF THE
CODE OF ORDINANCES, CITY OF COLLEGE STATION, TEXAS, BY AMENDING
CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 7, “Health and Sanitation”, of the Code of Ordinances, City of
College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and
made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Two Thousand Dollars ($2000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this ______ day of _______________, 2015.
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
ORDINANCE NO.__________________
EXHIBIT “A”
That Chapter 7, “Health and Sanitation”, Section 7-5, “Food Establishments”, Subsection B(2)
“Issuance of permit” of the Code of Ordinances, City of College Station, Texas, is hereby
amended, by adding subsection (c) as set out hereafter to read as follows:
(c) If an establishment is found to be operating without a permit, the establishment must
immediately close operations until such time as a permit may be issued by the Regulatory
Authority. A re-inspection fee, as determined by the Board of Health, may be charged to
the establishment.
ORDINANCE NO.__________________
That Chapter 7, “Health and Sanitation”, Section 7-5, “Food Establishments”, Subsection E
“Suspension of permit” of the Code of Ordinances, City of College Station, Texas, is hereby
amended in its entirety as set out hereafter to read as follows:
E. Suspension of permit.
(1) The Regulatory Authority may without warning, notice, or hearing suspend any
permit to operate a food establishment if the holder of the permit or person in
charge or the operation of the food establishment: (a) does not comply with the
requirements of this section; and (b) the operation of the food establishment
otherwise constitutes an immediate hazard to public health. Suspension is
effective upon service of the notice required by subsection G. of this section.
When a permit is suspended, food operations shall immediately cease. Unless
otherwise provided in this section, within one (1) calendar year, the first permit
suspension will result in a mandatory twenty-four-hour closure. The second
permit suspension will result in a seventy-two-hour mandatory closure. After a
third permit suspension within a twelve (12) month period the permit will be
revoked, and the owner may seek a hearing as set forth in Section H. hereof or
apply for a new permit. If granted, the owner must pay the yearly fee plus the re-
inspection fee, and pass an opening compliance inspection, meeting all
requirements as outlined in this ordinance.
(2) Whenever a permit is suspended, the holder of the permit or the person in charge
shall be notified in writing that the permit is, upon service of the notice,
immediately suspended and notified of the right to appeal such suspension as
provided in subsection H. If no written request for the hearing is filed within ten
(10) days of the service of notice, the suspension is sustained. The Regulatory
Authority may end the suspension at any time if reasons for suspension no longer
exist.
(3) Whenever a food establishment’s permit is suspended, a re-inspection fee shall be
invoiced. The establishment shall not resume operations until such time as a re-
inspection determines that conditions responsible for the suspension no longer
exist.
(4) Failure to pay any and all permit fees, re-inspection fees, late charges and any
other fees owed to the Regulatory Authority when due may result in a permit
suspension until such time as all fees and/or late charges have been paid.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:215-0021 Name:Risk Management Policy
Status:Type:Ordinance Consent Agenda
File created:In control:1/8/2015 City Council Regular
On agenda:Final action:1/22/2015
Title:Presentation, possible action, and discussion regarding an ordinance amending Chapter 11, “Utilities”
Section 4, “Electric Service” of the Code of Ordinances of the City of College Station, Texas by adding
subsection B entitled “Risk Management Policy” authorizing participation in the ERCOT congestion
revenue rights (CRR) market and codifying procedures for managing risk exposure and the
maintenance of associated documents; providing a severability clause; declaring a penalty; and
providing an effective date.
Sponsors:Timothy Crabb
Indexes:
Code sections:
Attachments:Risk Management Policy Ordinance
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding an ordinance amending Chapter 11,"Utilities"Section 4,"Electric
Service"of the Code of Ordinances of the City of College Station,Texas by adding subsection B entitled "Risk
Management Policy"authorizing participation in the ERCOT congestion revenue rights (CRR)market and codifying
procedures for managing risk exposure and the maintenance of associated documents;providing a severability clause;
declaring a penalty; and providing an effective date.
Relationship to Strategic Goals: (Select all that apply)
·Good Governance
·Core Services and Infrastructure
Recommendation(s):
Staff recommends approval of the ordinance.
Summary:
The attached ordinance entitled "Risk Management Policy"authorizes participation in the ERCOT congestion revenue rights (CRR)market and
codifies procedures for managing risk exposure and the maintenance of associated documents;provides a severability clause;declares a penalty;
and provides an effective date.
Budget & Financial Summary:
N/A
Attachments:
Ordinance
College Station, TX Printed on 1/17/2015Page 1 of 1
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ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 11, “UTILITIES”, SECTION 4, “ELECTRICAL
SERVICE” OF THE CODE OF ORDINANCES, CITY OF COLLEGE STATION, TEXAS, BY
ADDING SUBSECTION B ENTITLED “RISK MANAGEMENT POLICY” AS SET OUT
BELOW, AUTHORIZING PARTICIPATION IN THE ERCOT CONGESTION REVENUE
RIGHTS (CRR) MARKET AND CODIFYING PROCEDURES FOR MANAGING RISK
EXPOSURE AND THE MAINTENANCE OF ASSOCIATED DOCUMENTS; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 11, “Utilities”, Section 4, “Electrical Service” of the Code of
Ordinances, City of College Station, Texas, be amended as set out in Exhibit “A”,
attached hereto and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this ______ day of _______________, 2015.
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
ORDINANCE NO.__________________
EXHIBIT “A”
That Chapter 11, “Utilities”, Section 4, “Electrical Service”, of the Code of Ordinances, City of
College Station, Texas, is hereby amended, by adding Subsection B. “Risk Management Policy”
as set out hereafter to read as follows:
B. RISK MANAGEMENT POLICY
(1) Authority for Staff Participation in the ERCOT CRR Market.
(a) The City of College Station has the authority to participate in any Electric
Reliability Council of Texas's (ERCOT) Congestion Revenue Rights
(CRR) auction in accordance with ERCOT protocols and the City's
policies to cover any congestion risks associated with delivery of energy
associated with any wholesale power agreements the City has in place.
(I) The City Manager shall be responsible for market participation and
may delegate this authority to any appropriate staff member as
necessary.
a. Any representative of the City participating or evaluating
the City's participation in the CRR auction must be able to
demonstrate reasonable knowledge of CRRs and the
auction process.
b. The City Manager shall adopt procedures for administering
the City’s market participation.
(b) The City Council and individual Council Members are prohibited from
trading or purchasing CRRs.
(2) Management of Risk Exposure.
(a) The City Council shall oversee all risk undertaken by the City.
(b) The City Manager must report to the City Council the following Electric-
related transactions on at least a quarterly basis:
(I) Any participation in the ERCOT CRR auction;
ORDINANCE NO.__________________
(II) Any other transactions that expose the City to significant
congestion risk.
(c) The City Council shall be notified of any congestion risk exposure in the
initial report referenced in Subsection (2)(b) and shall be informed of the
level of exposure to the risk as additional information becomes available.
(d) The City Manager shall issue a report on the status of participation in the
CRR auction to the City Council on at least a quarterly basis.
(I) The report shall include performance of the previous period’s
CRRs against not participating in the market.
a. Performance includes total monies spent on CRR purchases
and total monies earned on CRR revenue.
(e) Should the City Council find that the City is acting in a manner contrary to
the risk profile that the City Council had previously established, the City
Council may:
(I) Order the City to cease the offending risk exposing activities.
(II) Issue guidelines for the risk exposing activities to follow.
(III) Allow the City to continue acting as it had previously.
(3) Maintenance of Records.
The City shall maintain records of all monetary transactions and transfers related
to participation in the CRR market and of all bid prices and amounts placed in the
CRR auction for a minimum of five years or in accordance with the City's records
retention policy, whichever is longer.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0024 Name:Semi-Annual Impact Fee Report
Status:Type:Impact Fees Consent Agenda
File created:In control:1/12/2015 City Council Regular
On agenda:Final action:1/22/2015
Title:Presentation, possible action, and discussion on Semi-Annual Report for Impact Fees 92-01, 97-01,
97-02B, 99-01, and 03-02.
Sponsors:Carol Cotter
Indexes:
Code sections:
Attachments:Semi-Annual Report 11.14.pdf
ImpactFeeAreas Map.jpg
LandUse Maps with Densities.pdf
Action ByDate Action ResultVer.
Presentation,possible action,and discussion on Semi-Annual Report for Impact Fees 92-01,97-01,97-02B,99-01,and 03-
02.
Core Services and Infrastructure, and a Diverse Growing Economy
Recommendation(s):
At their meeting on January 5th,the Planning and Zoning Commission unanimously recommended acceptance of the
report.Staff also recommends Council acknowledge and accept the Semi-Annual Report -No Further Action is required at
this time.
Summary:
The attached Impact Fee Semi-Annual Report is provided to the City Council in accordance with the Texas Local
Government Code Chapter 395.058.In short,the City of College Station currently has five impact fee areas where all
associated utility construction is complete.All five of the impact fees were updated by Council in accordance with State
Law in November of 2013.There have been no major changes in the impact fee programs since that update,so this report
primarily documents the fees collected over the reporting period.
The Planning and Zoning Commission serves as the Impact Fee Advisory Committee per the City of College Station Code
of Ordinances Chapter 15:Impact Fees.On January 5,2015 the Advisory Committee discussed and unanimously
recommended support of the Semi-Annual Report. It is now being forwarded to Council for your status update.
Budget & Financial Summary:
N/A
Attachments:
1.01/05/15 Impact Fee Semi-Annual Report
College Station, TX Printed on 1/17/2015Page 1 of 2
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File #:15-0024,Version:1
2.Fee Area Map
3.Land Use Map
College Station, TX Printed on 1/17/2015Page 2 of 2
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1101 Texas Avenue South, P.O. Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
MEMORANDUM
DATE: January 5, 2015
TO: Planning and Zoning Commission
FROM: Carol Cotter, P.E., Sr. Asst. City Engineer
SUBJECT: Semi-Annual Report – Impact Fees 92-01, 97-01, 97-02B, 99-01, 03-02
Local Government Code requires semi-annual reporting in order to monitor the progress
of impact fees and to determine when an update to the fee study is necessary. An
update was completed in November 2013. There have been no major changes in the
impact fee programs since the recent update. Staff recommends that the Advisory
Committee forward this report to City Council for their status update.
The City of College Station Ordinance Chapter 15, Impact Fees, designates the
Planning and Zoning Commission as the Advisory Committee for review, advisement,
and monitoring of proposed and existing impact fees. More specifically, the Advisory
Committee is established to:
1. Advise and assist the City in adopting Land Use assumptions.
2. Review the Capital Improvements Plan and file written comments.
3. Monitor and evaluate implementation of the Capital Improvements Plan.
4. File semi-annual reports with respect to the progress of the Capital
Improvements Plan.
5. Advise the City Council of the need to update or revise the Land Use
Assumptions, Capital Improvements Plan, and Impact Fees.
Currently the City of College Station has five impact fees in existence of which all
associated construction is complete. All five of the impact fees underwent a 5-Year
Update in 2013 in accordance with State Law. The following is a current status report
for each of the five impact fees. (To facilitate review, data from previous 6 months are
presented in bold font.):
92-01 Sanitary Sewer ( Graham Road ) ( 508 ac. ) __ $339.63/LUE
This fee was initially implemented in 1992 at $152.18 /LUE and was revised in 1996
to $289.77/LUE after approval of updated Land use Assumptions and Capital
Improvements Plan (CIP), revised again to the $232.04/LUE in 2000, revised again
to $316.07 in 2008, and to the current amount in November of 2013. The CIP
consisted of three phases originally estimated at $543,000 which have all been
completed at a combined cost of $473,518.72. Fees collected over the last
reporting period are $0.00 for total amount of $324,292.38 (per Account #250-0000-
287.51-13). The remaining amount eligible for collection is about $42,682.46. The
total amount to be recovered through impact fees is anticipated at 77% of original
construction cost.
97-01 Sanitary Sewer ( Spring Creek – Pebble Hills) ( 2000 ac.) $144.01/LUE
This fee was implemented in December 1997 at $349.55/LUE, was revised to
$98.39 in 2008, and was revised to the current amount in November of 2013.. The
CIP consisted of Phase I (east of Hwy 6) and Phase II (west of Hwy 6). Phase I
estimated to cost $1,000,000 was completed in 1999 at a cost of $631,214.59.
Phase II was estimated to cost $1,350,000 and was completed at a cost of
$813,752.00. The total actual cost was $1,444,966.59. Fees collected over the last
reporting period are $15,898.66 for total amount of $623,780.14 (per Acct #251-
0000-287.51-13). The remaining amount eligible for collection is about
$802,361.52. The total amount to be recovered through impact fees is anticipated
at 98% of original construction cost.
97-02B Sanitary Sewer ( Alum Creek – Nantucket) ( 608 ac. ) $44.71/LUE
This fee was implemented in December 1997 at $243.38/LUE, was revised to
$59.42 in 2008, and was revised to the current amount in November of 2013. The
CIP consisted of running a 15" sanitary sewer line from the south end of the College
Station Business Park westerly along Alum Creek to the east ROW of Highway 6.
The project was estimated to cost $390,000 and was completed in 1999 at a cost of
$214,270.87. Fees collected over the last reporting period are $1,184.82 for total
amount of $24,830.42 (per Acct #252-0000-287.51-13). The remaining amount
eligible for collection is about $101,113.69. The total amount to be recovered
through impact fees is anticipated at 57% of original construction cost.
99-01 Water ( Harley )( 158 ac. ) $996.03/LUE
This fee was implemented in April 1999 at $550.00/LUE, was revised to $769.91 in
2008, and was revised to the current amount in November of 2013. The CIP
consisted of running an 18" water line south along the east ROW of Highway 6
approximately 4800'. The line was estimated to cost $312,000 (the impact fee is
based on an 8" line @ $165,000). A 2400' section of the 18" line was constructed in
1999 from the south end at a total cost of $342,977.73. Fees collected over the last
reporting period are $0.00 for total amount of $64,740.88 (per Acct #240-0000-
287.51-13). The remaining amount eligible for collection is about $279,884.43. The
total amount to be recovered through impact fees is anticipated at 99% of original
construction cost.
03-02 Sanitary Sewer ( Steeplechase ) ( 715 ac. ) $144.87/LUE
This fee was initially implemented in June 2003 at $300.00/LUE, was revised to
$357.74 in 2009, and was revised to the current amount in November of 2013. This
CIP was constructed in two phases of sanitary sewer line construction in
compliance with the proposed construction in the original report establishing the
fee. Phase one crossed Wellborn Road and terminated at Old Wellborn Road
consisting of 2,347 linear feet of 18 inch sewer line with a construction cost of
$296,642. Phase two was completed in 2006 and continued the line along Old
Wellborn Road and terminated across RPR West. Phase two consisted of 6,281
linear feet of 12 inch line and 2,062 linear feet of 18 inch line for a construction cost
of $529,088 and a land cost of $87,133. The design cost for the combined phases
was $148,023. The total actual cost was $1,091,886 which was less than the
original report estimated at $1,596,137. Fees collected over the last reporting
period are $7,098.63 for total amount of $172,609.67 (per Acct #253-0000-287.51-
13). The remaining amount eligible for collection is about $900,859.58. The total
amount to be recovered through impact fees is anticipated at 94% of original
construction cost.
Impact Fee Area
Effective
Buildout
LUE
Current
Impact Fee
Rate
Remaining Capital
Investment to
Recoup
92-01 Graham 1710 $ 339.63 $ 43,000
97-01 Spring Creek 8565 $ 144.01 $802,000
97-02B Alum 2656 $ 44.71 $101,000
99-01 Harley 396 $ 996.03 $280,000
03-02 Steeplechase 7051 $ 144.87 $901,000
Total $2,127,000
Attachments: Impact Fee Service Areas Map
Current Land Use Map per Impact Fee Area
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0003 Name:3270 Rock Prairie Road West Rezoning
Status:Type:Rezoning Agenda Ready
File created:In control:1/5/2015 City Council Regular
On agenda:Final action:1/22/2015
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of
Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GS
General Suburban to T Townhouse for approximately 1.84 acres for the property being a portion of a
called 12.753 acre tract in the Crawford Burnett League, Abstract No. 7 as described by a deed to
DWS Development, Inc. recorded in Volume 12198, Page 194 of the Official Public Records of Brazos
County, Texas, generally located at 3270 Rock Prairie Road West.
Sponsors:Mark Bombek
Indexes:
Code sections:
Attachments:Background
Sam and Aerial
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of
Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GS
General Suburban to T Townhouse for approximately 1.84 acres for the property being a portion of a
called 12.753 acre tract in the Crawford Burnett League, Abstract No. 7 as described by a deed to
DWS Development, Inc. recorded in Volume 12198, Page 194 of the Official Public Records of
Brazos County, Texas, generally located at 3270 Rock Prairie Road West.
Relationship to Strategic Goals:
·Diverse Growing Economy
Recommendation(s):
The Planning and Zoning Commission considered this item on January 5, 2015 and their
recommendation will be presented to City Council with this item. Staff recommends approval with the
condition that the gross density does not exceed 8 dwelling units per acre overall.
Summary:
This request is to rezone the subject property from GS General Suburban to T Townhouse.
The Unified Development Ordinance provides the following review criteria for zoning map
amendments:
REVIEW CRITERIA
College Station, TX Printed on 1/17/2015Page 1 of 3
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File #:15-0003,Version:1
1. Consistency with the Comprehensive Plan: The subject area is designated as General
Suburban on the Comprehensive Plan Future Land Use and Character Map. This area is also
located in Growth Area V which allows for high-density single-family lots, townhomes, and
duplexes for this area.
2. Compatibility with the present zoning and conforming uses of nearby property and
with the character of the neighborhood: The current zoning of GS General Suburban is
compatible with the density present in the adjacent single-family residential developments of The
Barracks II and Buena Vida. The proposed rezoning of T Townhouse will allow for townhome
development.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The current zoning
designation of GS General Suburban allows for single-family development and is compatible with
the land use designation for this area. However, a rezoning to Townhouse is also compatible with
adjacent development and meets the property owner's intent to develop a more dense single-
family development.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The current
zoning does allow for single-family residential use. This property is located near Rock Prairie
Road West, a two-lane major collector, and a rezoning is appropriate to allow for a higher density
single-family residential development.
5. Marketability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The applicant
states that the property could be detached single family residential development, but it will be
more compatible with the Barracks II Development with the proposed zoning.
6. Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: The subject tract being a portion of the proposed
12 at Rock Prairie Subdivision, is located in the Wellborn Special Utility District's water service
area. Development of the subdivision will have to meet the City's fire flow requirements. There
are 6-inch and 8-inch sanitary sewer lines adjacent to the tract which will need to be extended
according to City Guidelines. The site is located in the Steeplechase Sanitary Sewer Impact Fee
Area. The subject tract is located in the Bee Creek Tributary "B" drainage basin and drains
generally to the north. Future development of the tract will have to meet the requirements of City
Storm Water Design Guidelines. The property is located near Rock Prairie Road West, a future
two-lane major collector. The future extension of Towers Parkway, a two-lane minor collector, is
adjacent to a portion of the site and will have to be built with future development of the tract.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Aerial & Small Area Map (SAM)
3. Ordinance
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BACKGROUND
NOTIFICATIONS
Advertised Commission Hearing Date: January 5, 2015
Advertised Council Hearing Date: January 22, 2015
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
The Barracks at Rock Prairie Owners Association, Inc.
Property owner notices mailed: 22
Contacts in support: None at the time of the report.
Contacts in opposition: None at the time of the report.
Inquiry contacts: None at the time of the report.
ADJACENT LAND USES
Direction Comprehensive
Plan Zoning Land Use
North General Suburban
And Growth Area V
PDD Planned
Development District
The Barracks II
Subdivision
South (across Rock
Prairie Road West) Urban N/A (ETJ) Vacant
East General Suburban
And Growth Area V
GS General
Suburban
Buena Vida
Subdivision
West Urban N/A (ETJ) Vacant
DEVELOPMENT HISTORY
Annexation: March 2008
Zoning: A-O Agricultural Open upon Annexation, Renamed R Rural. GS
General Suburban in June 2014
Final Plat: Unplatted
Site development: Agricultural Uses
ORDINANCE NO.__________________ Page 1
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,”
SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT
BOUNDARIES FROM GS GENERAL SUBURBAN TO T TOWNHOUSE FOR 1.84 ACRES,
BEING A PORTION OF A CALLED 12.753 ACRE TRACT IN THE CRAWFORD BURNETT
LEAGUE, ABSTRACT NO. 7 AS DESCRIBED BY A DEED TO DWS DEVELOPMENT, INC.
RECORDED IN VOLUME 12198, PAGE 194 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY, TEXAS, GENERALLY LOCATED AT 3270 ROCK PRAIRIE ROAD
WEST; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning
Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as
set out in Exhibit “A” and as shown graphically in Exhibit “B”, attached hereto and
made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted
to continue, shall be deemed a separate offense. Said Ordinance, being a penal
ordinance, becomes effective ten (10) days after its date of passage by the City Council,
as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 22th day of January, 2015
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
ORDINANCE NO.__________________ Page 2
EXHIBIT “A”
That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of
the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property, as described by metes and bounds, is rezoned from GS General
Suburban to T Townhouse with the condition that the gross density does not exceed 8 dwelling units
per acre overall:
ORDINANCE NO.__________________ Page 3
EXHIBIT “B”
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:114-897 Name:Oil and Gas Regulations and Fees
Status:Type:Ordinance Agenda Ready
File created:In control:12/5/2014 City Council Regular
On agenda:Final action:1/22/2015
Title:Public Hearing, presentation, possible action, and discussion regarding adoption of an ordinance
amending Chapter 4 “Business Regulations”, Section 13 “Oil and Gas Regulations” of the Code of
Ordinances, City of College Station, Texas; and amending Chapter 14 “Service Fees”, Section 14-6
“Development services”, Subsection A “Oil and gas development application fees” the Code of
Ordinances, City of College Station, Texas.
Sponsors:Alan Gibbs
Indexes:
Code sections:
Attachments:1-Oil and Gas Ordinance_1-16-2015.pdf
2-Road Maintenance Agreement_1-16-2015.pdf
3-Acceptance Indemnity and Financial Agreement_1-16-2015.pdf
4-Fee Resolution_1-16-2015.pdf
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding adoption of an ordinance
amending Chapter 4 “Business Regulations”, Section 13 “Oil and Gas Regulations” of the Code of
Ordinances, City of College Station, Texas; and amending Chapter 14 “Service Fees”, Section 14-6
“Development services”, Subsection A “Oil and gas development application fees” the Code of
Ordinances, City of College Station, Texas.
Relationship to Strategic Goals:
·Good Governance
·Neighborhood Integrity
·Diverse Growing Economy
Recommendation(s): Staff recommends adopting the ordinance amendment and approval of the
resolution setting the associated fees.
Summary: This item is to consider a proposed ordinance amendment that would update local
regulations for permitting Oil and Gas Operations, as well as a resolution to udpate the associated
fees.
Reviewed and Approved by Legal: Yes
Budget & Financial Summary: n/a
College Station, TX Printed on 1/17/2015Page 1 of 2
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File #:14-897,Version:1
Attachments:
1. Ordinance Amendment (On file in City Secretary’s Office and available on-line at the city’s
website)
2. Road Maintenance Agreement (On file in City Secretary’s Office and available on-line at the
city’s website)
3. Acceptance, Indemnity and Financial Assurance Agreement (On file in City Secretary’s
Office and available on-line at the city’s website)
4. Fees Resolution (On file in City Secretary’s Office and available on-line at the city’s website)
College Station, TX Printed on 1/17/2015Page 2 of 2
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ORDINANCE NO. _____________
AN ORDINANCE AMENDING CHAPTER 4, “BUSINESS REGULATIONS”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION 4-13,
“OIL AND GAS REGULATIONS” AS SET OUT BELOW; AND AMENDING CHAPTER 14,
“SERVICE FEES”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION,
TEXAS, BY AMENDING SECTION 14-6 “DEVELOPMENT SERVICES”, SUBSECTION A. “OIL
AND GAS DEVELOPMENT APPLICATION FEES”, AS SET OUT BELOW; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That Chapter 4, “BUSINESS REGULATIONS”, Section 4-13, “OIL AND GAS
REGULATIONS” of the Code of Ordinances of the City of College Station, Texas, be
amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for
all purposes.
PART 2: That Chapter 14, “SERVICE FEES”, Section 14-6 “DEVELOPMENT SERVICES”,
Subsection A. “OIL AND GAS DEVELOPMENT APPLICATION FEES” of the
Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit
“B”, attached hereto and made a part of this ordinance for all purposes.
PART 3: That if any provisions of any section of this ordinance shall be held to b e void or
unconstitutional, such holding shall in no way effect the validity of the remaining provi-
sions or sections of this ordinance, which shall remain in full force and effect.
PART 4: That any person, firm, or corporation violating any of the provisions of this chapter shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a
fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars
($2,000.00). Each day such violation shall continue or be permitted to continue, shall be
deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective
ten (10) days after its date of passage by the City Council, as provided by Section 35 of the
Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this ________ day of ___________________, 2015.
APPROVED:
__________________________________
Mayor
ATTEST:
_____________________________
City Secretary
APPROVED:
_____________________________
City Attorney
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EXHIBIT “A”
That Chapter 4, “BUSINESS REGULATIONS”, Section 4-13, “OIL AND GAS REGULATIONS” of the
Code of Ordinances of the City of College Station, Texas, hereby is amended to read as follows:
Chapter 4 BUSINESS REGULATIONS
Sec. 4-13. Oil and Gas Regulations.
A. Definitions.
Oil and gas industry words or phrases not defined herein shall have the meaning customarily
attributable to them in the oil and gas industry.
1. Abandonment means “abandonment” as defined by the Commission and includes the
restoration of the Drill Site as required by this Ordinance.
2. Air Quality Monitoring Plan means the reporting of the equipment, location, methods,
frequency and processes to be utilized to assure compliance with all US Environmental
Protection Agency (USEPA) and Texas Commission on Environmental Quality (TCEQ)
laws and regulations and this Ordinance governing emissions generated at Oil or Gas
Operations Site.
3. Approved Type and Approved Design means improvements, equipment, or facilities of
a type or design approved by the Commission, Fire Department, or Consultant.
4. Area means property within a radius of one thousand (1,000) feet of the perimeter of an
Oil or Gas Operations Site.
5. 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 to completely close the top of the casing and prevent blowout.
6. Cellar means an excavation around and above the top joint of the Well casing.
7. City means the City of College Station, Texas.
8. City Attorney means the City Attorney of the City.
9. City Code means the Code of Ordinances of the City.
10. City Council means the City Council of the City.
11. City Engineer means the City Engineer of the City.
12. City Manager means the City Manager of the City.
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13. City Oil and Gas Inspector means the person appointed by the City Engineer to conduct
inspections, make reports and recommendations, and impose restraints, restrictions and
issue citations including the requirement to halt operations, relative to the conduct of Oil
or Gas Operations within the City.
14. Commission means the Texas Railroad Commission.
15. Completion of Drilling means the date work is completed after Drilling, completing or
Hydraulic Fracturing, and the crew is released by completing their work, contract, or by
their employer.
16. Comprehensive Plan means the Comprehensive Plan of the City.
17. Consultant means such person(s) familiar with and educated in the oil and gas industry or
the law as it relates to oil and gas matters who may be retained from time to time by the
City. Any Consultant retained by the City under this Ordinance shall have the authority as
the City Oil and Gas Inspector.
18. Council means the City Council of the City.
19. Department of Water Resources means the Texas Department of Water Resources.
20. Derrick means any framework, tower, mast, or structure required or used to drill, re-enter,
re-work, operate, or maintain a Well.
21. Desertion means the cessation of the operation at any Drill Site without compliance with
this Ordinance relating to suspended operations, idle wells, or Abandonment.
22. Disposal Well means any Well converted, drilled or intended to be converted or drilled, to
inject fluids under pressure, including salt water, brine water, produced or flow-back water,
solutions and liquids containing solids in suspension, produced from any Well into sub-
surface zones not productive of potable water, oil or gas or other hydrocarbons.
23. Drilling means any digging or boring of a New Well or Re-entry of an existing Well, to
explore, develop, or produce oil, gas, or other hydrocarbons, or to inject gas, water, or any
other fluid or substance into the earth.
24. Drilling Equipment means the Derrick, all parts and appurtenances to such structure, and
every piece of apparatus, machinery, or equipment used, erected, or maintained for
Drilling.
25. Drill Site means the premises used during the Drilling, Re-entry or Re-working of a Well
located there.
26. Emergency Response Plan means the plan drafted by, maintained, updated as necessary
and submitted by the Operator to the Fire Chief and City Engineer describing the practices
and procedures, including an evacuation plan, to be implemented if an emergency event
occurs on an Oil or Gas Operations Site, Drill Site or other facility or equipment in the
care, custody or control of the Operator or is caused by activity of the Operator.
27. Exploration means geologic or geophysical activities, including seismic surveys, related
to the search for oil, gas, or other subsurface hydrocarbons.
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28. Fire Chief means the Fire Chief of the City.
29. Fire Department means the Fire Department of the City.
30. Fluids means any gas or liquid.
31. Gas means any fluid, either combustible or non-combustible, which is produced in a
natural state from the earth and which maintains a gaseous or rarified state at standard
temperature and pressure conditions, and/or the gaseous components or vapors in or
derived from petroleum or natural gas.
32. Gas Well means any Well drilled, re-entered, or to be drilled, or used for the intent or
actual production of natural gas.
33. Hydraulic Fracturing (also frac’ing, fracking, or hydrofracturing) means a well-
stimulation technique in which rock is fractured by a hydraulically pressurized liquid. A
high-pressure fluid (usually chemicals and sand suspended in water) is injected into a
wellbore to create cracks in the deep-rock formations through which natural gas,
petroleum, and brine will flow more freely.
34. Lessee means a person or entity who has acquired an oil or gas lease or sublease, or the
owner of the land or minerals, or his heirs, who conducts or carries on any oil or gas
exploration, development, and operation thereof, or a person conducting the operation for
himself or others.
35. Lessor means the owner of mineral rights who has executed an oil and gas lease. The
Lessor may also own the surface rights.
36. Maintenance means the repair or replacement of any machinery, equipment, apparatus,
structure, facility, or parts used with an Oil or Gas Operations, site, Drill Site, or any other
work to reduce fire hazards or hazards to employees, public health, safety, and welfare.
37. New Well means a new well bore or new hole established at the ground surface and shall
not include Re-entry or Re-working of an existing Well not abandoned.
38. Noise means any sound which annoys or disturbs humans or is unwanted or which causes
an adverse psychological effect on human beings.
39. Noise Disturbance means any sound which endangers or injures the health of humans or
disturbs a reasonable person of normal sensitivities.
40. Oil or Gas Operation means construction, maintenance, or use, of any installation,
facility, or structure, directly or indirectly, to carry out or facilitate one (1) or more of the
following functions: repair, development, Drilling, Re-entry, Re-working, production,
recovery, storage, processing, extraction, enhanced recovery, stimulation, including
Hydraulic Fracturing, Abandonment, or movement of oil, gas or related hydrocarbons from
the subsurface of the earth, including site development.
41. Oil or Gas Operations Site means and includes the Drill Site for an oil or gas Well, or
another site upon which Oil or Gas Operations are conducted.
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42. Oil Well means any Well re-entered, drilled, or to be drilled, or used for the intended or
actual production of oil, associated gas or related hydrocarbons.
43. Operator means a person seeking to obtain a Permit, or to whom a Permit is issued,
authorizing Oil or Gas Operations, and the person’s heirs, administrators, executors,
successors, and assigns and for each Well, or Permit, the person designated on the
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. Operator shall also mean the person
designated on a Seismic Survey Permit. If the Operator is not the lessee under an oil and
gas lease of any premises affected by this article, then such lessee shall also be deemed to
be an Operator. If there is no oil and gas lease relating to any premises affected by this
article, the owner of the fee mineral estate in the premises shall be deemed an Operator.
44. Outer Boundary Line means a situation in which several contiguous parcels of land in
one (1) or different ownerships are operated as a single oil or gas lease or operating unit,
or the exterior limits of the land in a lease or unit. In determining the contiguity of any such
parcel, all public rights-of-way crossing through or within the lease boundaries shall be
part of the leased tract or unit.
45. Owner means a person who owns the legal or equitable title in the surface of the Drill Site
or Oil or Gas Operation Site.
46. Permit means a Drilling permit issued or sought to be issued under this Ordinance
authorizing the Drilling, Re-entry or Re-Fracking of an Oil or Gas Well or other Oil or Gas
Operations.
47. Person means both the singular and the plural and means a natural person, corporation,
association, guardian, partnership, receiver, trustee, administrator, executor, and fiduciary
or representative of any kind.
48. Police Chief means the Police Chief of the City.
49. Practicable means available and capable of being done, as determined by the City
Engineer, using best available control technology (BACT) after considering existing
technology, costs, and logistics in light of the overall purpose of the activity.
50. Public Building means all buildings used, designed or intended to be used for assembly of
persons for such purposes as deliberation, entertainment, amusement, retail sales, or health
care. Public Buildings include, but shall not be limited to, theaters, assembly halls,
auditoriums, armories, mortuary chapels, dance halls, exhibition halls, museums,
gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants, religious
institutions, schools, and hospitals.
51. Public Park means any land area dedicated to and/or maintained by the City for traditional
park-like recreational purposes, but shall not include private equestrian trails, trailheads,
trails, and privately-owned or privately-managed golf courses.
52. Processing means the use of Oil or Gas Operations for gauging, recycling, compressor re-
pressuring, injection, reinjection, dehydration, stimulation, separation (including but not
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limited to separation of liquids from gas), consolidation, shipping and transportation, and
gathering oil, gas, other hydrocarbon substances, water or any combination thereof.
53. Re-entry means re-entry of an existing Well within the City to drill, re-drill, deepen,
complete or produce oil, gas and related hydrocarbons.
54. Re-fracking means Hydraulic Fracturing, frac’ing, fracking, or hydrofracturing that is not
the first or initial Hydraulic Fracturing conducted in any Oil or Gas Operations.
55. 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.
56. Residence means a house, duplex, apartment, townhouse, condominium, mobile home, or
other building designed for dwelling, including those for which a building Permit has been
issued on the date the application for an oil, gas, or combined Well Permit is filed with the
City Oil and Gas Inspector. The term also includes structures attached to the residence,
including but not limited to garages, porches, carports and similar structures.
57. Re-working means re-occupation of an existing permitted Well within the existing bore
hole to install, repair or replace equipment or replace well liners, tubing, rods, casings,
subsurface pumps, or gas lift equipment.
58. Right-of-way means public rights-of-way including streets, sidewalks, easements, and
other property in the City dedicated to public use and benefit.
59. Road Maintenance Agreement means the Agreement between the Operator and the City,
when required, to permit the Operator reasonable use of the City roads, streets, and
thoroughfares, provide for a credit, reduction or other benefit to the Operator for the
election to use recycled water to reduce the number of truck trips, extraordinary stress, or
damage to the roads, streets, and thoroughfares of the City and provide roughly
proportionate compensation to City for the repair of certain roads, streets, and/or
thoroughfares used and damaged by the Operator that are maintained in whole or in part
by the City.
60. Rural Permit Area means adjacent tracts or parcels of land that, when combined, are not
less than twenty-five (25) acres and characterized by open space involving a proposed Oil
or Gas Operations Site with no Oil or Gas Operations to be conducted within one thousand
(1,000) feet of a residential, retail, business and commercial or public use buildings or
structures, public or private schools, religious institutions, medical offices, dental offices,
places of assembly, child or adult care or group residential facilities.
61. Seismic Receiver means the non-surface invasive device which receives and records the
reflected energy waves from the seismic source points used to perform a seismic survey.
62. Seismic Receiver Point means the location where a seismic receiver receives and records
the reflected energy waves from the seismic source points used to perform a seismic survey.
63. Seismic Source means the device, such as a vibroseis truck, which generates non-surface
invasive controlled seismic energy used to perform a seismic survey.
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64. Seismic Source Point means a location at which the seismic source device generates
controlled seismic energy used to perform a seismic survey.
65. Seismic Survey means the geologic or geophysical activities and operations necessary or
useful to determine the potential location of subterranean oil, gas or related hydrocarbon
deposits using vibroseis equipment.
66. Seismic Survey Permit means a Permit issued or sought to be issued under this Ordinance
authorizing Seismic Survey activities and operations.
67. Source of Ignition means any flame, arc, spark, heated object, or surface capable of
igniting liquids, gases, or vapors.
68. Street means any street, highway, sidewalk, alley, avenue, recessed parking area, or other
public right-of-way, including the entire right-of-way.
69. Sump or Sump Pit means one or more steel containers, commonly known as a “closed
mud system,” for the discharge or circulation of oil field drilling fluid, mud or wastes.
70. Tank means a container, covered or uncovered, used to hold or store fluids in conjunction
with Drilling, production, or storage of oil, gas, or other hydrocarbons.
71. Urban Permit Area means adjacent tracts or parcels of land that, when combined, are less
than twenty-five (25) acres or characterized by platting, residential, retail, business and
commercial or public use buildings or structures, public or private schools, religious
institutions, medical offices, dental offices, places of assembly, child or adult care or group
residential facilities where the perimeter of any proposed Oil or Gas Operations Site, after
the effective date of this Ordinance, is less than one thousand (1,000) feet from any of
them.
72. Well means a hole(s) or bore(s) drilled to any horizon, formation, or strata with the intent
to produce oil, gas, liquid hydrocarbon, brine water, sulphur water, or for use as an injection
well for secondary recovery or disposal of produced or recovered fluids from the earth.
73. Well Servicing means maintenance work performed in any existing well bore which does
not involve Drilling or Re-entry.
B. Purpose.
1. The exploration, development, and production of oil, gas, and other fluid hydrocarbons in
the City is an activity which necessitates reasonable regulations. Such regulations avoid or
lessen injury or damage to persons or property in the City and make these activities
conform to the Comprehensive Plan and Zoning Ordinances. Conflicting property rights
exist in such activities and all property owners, mineral and otherwise, have the right to
peaceably enjoy their property and its benefits and revenues. This Ordinance implements
reasonable regulations for present and future mineral activities to protect the health, safety,
and general welfare of the public and accomplish the orderly and practical regulation of
the production of oil, gas, and related hydrocarbons and activities related to such
production.
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C. City Engineer empowered to oversee Ordinance.
1. The City Engineer is authorized and directed to enforce this Ordinance. Whenever
necessary to enforce any provision of this Ordinance, or whenever the City Engineer has
reasonable cause to believe any condition exists upon any premise or in any building
contrary to this Ordinance, the City Engineer may enter such place at any reasonable time
as determined by the City Engineer to inspect or perform any duty imposed by this
Ordinance.
2. If entry is refused, the City Engineer shall have recourse to every remedy provided by law
and equity to gain entry. No owner, occupant, or any other person having charge, care,
custody, or control of any building or premise shall fail or neglect after proper demand to
permit prompt entry by the City Engineer.
D. City Oil and Gas Inspector.
1. Inspector. The City Engineer may designate the City Oil and Gas Inspector who shall
enforce this Ordinance. The City Engineer may retain an independent contract Inspector(s)
that may serve as the City Oil and Gas Inspector. The City Oil and Gas Inspector shall have
the authority to issue any orders or directives required to carry out the requirements of this
Ordinance and its particular provisions. Failure of any person to comply with any such
order or directive within a reasonable time as determined by the City Oil and Gas Inspector
shall constitute a violation of this Ordinance.
2. Authority. The City Oil and Gas Inspector shall have the authority to enter and inspect any
premises covered by this Ordinance to determine compliance with this Ordinance and all
laws, rules, regulations, standards, or directives of the state. Failure of any person to permit
access to the City Oil and Gas Inspector shall constitute a violation of this Ordinance.
3. Inspection. The City Oil and Gas Inspector shall conduct periodic inspections of all
permitted Wells in the City to determine that the Wells are operating in compliance with
this Ordinance and in accordance with the approved Permit.
4. Records. The City Oil and Gas Inspector shall have the authority to request and receive in
a timely manner any records, including any records sent to the Commission, logs, or reports
relating to the status or condition of any permitted Well. Failure of any person to provide
any such requested material shall be deemed a violation of this Ordinance.
E. Permit application process.
1. Activities Requiring a Permit.
a. Any person wanting to participate in oil, gas, or other fluid hydrocarbon production
activities in the City shall apply for, obtain, and maintain a Permit under this Ordinance,
as it may be amended from time to time, and shall indicate what type of Permit is
requested. Such activities shall include, but are not limited to, Exploration, Re-entry,
Re-Fracking, site preparation, Drilling, operation, construction of Drill Sites or Oil or
Gas Operations Sites, the transportation of rigs, equipment or tank batteries on City
streets, fracturing, flowback and pressurizing and removal of oil, gas, and related
hydrocarbons through or from a surface location located within the City. It shall be
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unlawful to conduct any activities within the City limits related to the production of oil,
gas, or other hydrocarbons without a Permit or to conduct Re-Fracking or Re-entry of
a Well without a Permit.
b. Application forms for Permits are available from the City Engineer. No Permit shall
authorize the Drilling, Re-entry, Re-Fracking, deepening, activating, or converting of
more than one (1) Well in the City. Multiple Permits may be obtained on the basis of
one (1) Permit for each Well. A Permit shall be required when a Well is to be Re-
entered, Drilled, Hydraulically Fractured, deepened, activated, or converted on a
surface location in the City to be used for the production of oil, gas and related
hydrocarbons from the Well, injection of fluids into a Well (but not disposal), or when
the primary access to the Drill Site or Oil or Gas Operations Site is by way of a City
street or public right-of-way.
2. Re-Working Notice. A Permit is not required for Re-working any permitted Well. Seventy-
two (72) hour prior written notice to the City Engineer of any Re-working is required.
3. Engaging a Consultant. The City Engineer may require additional or supplemental
information before action is taken on an application. The City Engineer may seek
authorization from the City Manager to engage the services of a Consultant, without
submission of the application to the Council, where he believes that additional expertise is
required. The actual cost of the Consultant will be paid by the applicant. The City Engineer
shall provide applicant with an opportunity to withdraw his application prior to engaging
the services of a Consultant. The applicant shall be required to pay to the City a retainer to
cover the cost of the services prior to Consultant’s commencement of the work.
4. Engaging a Contract Inspector. The City Engineer may, at applicant’s actual cost, retain
an independent contract Inspector(s). The City Engineer shall provide applicant with an
opportunity to withdraw the application prior to engaging the services of a Contract
Inspector. The applicant will be required to pay a retainer to cover the cost of the services
prior to the contractor’s commencement of the work.
5. Permit Types. Permits shall be determined by the activity and the character of the area.
There shall be the following Permits: urban, rural, and seismic survey. Any proposed
activity conducted in more than one (1) designated type of area shall be required to follow
the Permit procedure for the most restrictive area included therein.
6. Surface Owner Notification. Before filing a Permit application, the Operator shall notify
the surface owner where the Permitted activity will occur by certified mail, return receipt
requested, and show proof of such notice to the City Engineer. The Operator has thirty (30)
days before filing a Permit application to designate the location of Operator’s Drill Site or
Oil or Gas Operations Site on the proposed plat or site plan, and provide that site plan to
the surface owner. Thirty (30) day notice is not required if the surface owner has contracted
with Operator.
7. Application Submitted to City Engineer. Applicant shall complete the application and
deliver it and any additional required information to the City Engineer. Any costs of
processing the application, including any unpaid fees of a Consultant, shall be paid by
applicant prior to any public hearing. Applications shall be filed with the City Engineer for
review. After the City Engineer review, a report for Council will be prepared
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recommending conditions that should be included in any Permit to be issued to the
applicant relative to the conduct of Oil or Gas Operations.
8. Final Permit Authority. All Urban Permits require City Council approval. All Rural
Permits and Seismic Survey Permits may be approved by the City Engineer. The City
Engineer for Rural Permits and the Council for Urban Permits shall review the application,
City Engineer’s report, and any other related information. The City Engineer or Council
shall set the dollar amount of the security to be provided by applicant. The City Engineer
or Council may require any change in the plans, operations, Air Quality Monitoring Plan,
design, layout, fencing, screening, lighting, noise levels or other matters reasonably
required in the interest of the public’s health, safety, and welfare.
9. Permit Terms. Permits shall be for a term of one (1) year and may be extended for
additional terms of one (1) year each, provided that the Permitted Oil or Gas Operations
Site has been maintained in compliance with Operator’s Permit and this Ordinance, upon
successful completion of an annual inspection and the payment of the fee for a renewal of
a Permit.
F. Permit application contents.
1. A Permit application shall include:
a. Application fee as set by Council resolution.
b. Consultant retainer fee, if applicable.
c. Independent Contract Inspector retainer fee.
d. Notice to Surface Owner. Provide copy of notice to surface owner, or confirmation
of a contract with surface owner.
e. Site plan. These plans shall include the following information:
(1) Overall Site Plan. Depict proposed Site tract showing the location of all
improvements and major equipment, including the location of the proposed
Well(s) and other facilities, including, but not limited to, all existing
utilities, and proposed utilities to serve the Site, including fire hydrants
proposed to serve the site, fresh water tanks, storage tanks and berms,
pipelines, water wells, access drives, fencing, wetlands, and 100 year
floodplain. Indicate proposed pipeline routes on the plan, location of
planned thoroughfares, roads, water, sewer and drainage ways, green space,
natural areas and trails or byways set out in the Comprehensive Plan;
(2) Drilling Site Plan. Provide detailed plan of the Oil and Gas Operations Site
depicting equipment, lighting, required utilities, source(s) and quantity of
water required, material and equipment storage, fencing or watchman
proposed during drilling;
(3) Hydraulic Fracturing Site Plan. Provide detailed plan of the Oil and Gas
Operations Site depicting equipment, lighting, required utilities, source(s)
and quantity of water required, material and equipment storage, fencing or
watchman proposed during Hydraulic Fracturing;
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(4) Production Site Plan. Provide detailed plan of the Oil and Gas Operations
Site depicting and describing equipment proposed during production,
storage tanks, berms, line location between well head and tanks, screening,
pump height and engine energy source, and a fencing and landscaping plan
including the sixteen (16) foot wide minimum perimeter fire access drive;
(5) Grading Plan. Provide detailed plans for the Site and all areas proposed to
be graded that includes details for the proposed location of the major
components of the Site, any proposed ponds, affected vegetation, creeks,
with existing and proposed contours;
(6) Erosion Control Plan. Provide a detailed plan with best management control
practices, and Notice of Intent or Site Notice under the Texas Pollutant
Discharge Elimination System;
(7) Flood Certification. Provide an engineering certification that the Drill Site
or Oil or Gas Operations Site is not within the one hundred (100) year
floodplain;
(8) Driveway Plan. Provide a detailed plan with existing and proposed contours
and elevations for roads, drives, and culverts. Demonstrate stopping sight
triangles and distances. Depict turn-outs and proposed gate location.
Provide driveway apron and culvert details; and
(9) Traffic Control Plan. Provide a plan in compliance with the Texas Manual
on Uniform Traffic Control Devices.
f. Transportation Route Map. Provide a map showing the proposed transportation
route within the City, including all streets and roads for the passage of equipment,
chemicals, production, including pipelines, or waste products produced by the Oil
or Gas Operation.
g. Heavy Trucks. Description of type, kind, size, and number of heavy trucks,
weighing twenty-four thousand pounds (24,000 LBS.) or more, and major
equipment used for each phase: site preparation, Drilling, Hydraulic Fracturing, and
annual operations.
h. Water Well Permits. Description, location, and source of water for all Oil or Gas
Operations, including copies of the Brazos Valley Groundwater Conservation
District (“BVGCD”) Well Operating Permits, if applicable, or a letter from
BVGCD stating that the proposed operations are exempt, and a plan for recycling
or disposal of drilling, Fracturing, flowback and produced water.
i. Hazardous Materials Management Plan. Provide a copy of the plan and all material
safety data sheets (MSDSs) for all hazardous materials that will be located, stored,
transported, and/or temporarily used on the Oil or Gas Operations Site shall be
provided to the Fire Chief.
j. Emergency Response Plan. Provide a copy of the plan and any other emergency or
response plans to the Fire Chief and the City Engineer.
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k. Air Quality Monitoring Plan. Provide a copy of the plan including location map of
monitor(s).
l. Environmental Constraints Study. Provide a study, conducted by a qualified
environmental professional, as defined by ASTM E1527, of the site to identify
potential wetlands and threatened and endangered species and any required site-
specific Corps of Engineers permits.
m. Surrounding Area Map. Provide an aerial exhibit with location and description of
all existing improvements and structures within one thousand (1,000) feet of the
Drill Site or Oil or Gas Operations Site. Depict all existing and proposed water
wells, specifying which wells are intended to be used for Oil and Gas Operations.
n. Surrounding Area Property Owners. Owner and address of the surface of each
parcel of property within one thousand (1,000) feet of the proposed Drill Site or Oil
or Gas Operations Site. Provide parcel identification number and address(es), if
applicable.
o. Distance Waivers. If applicable, include all waivers for retail, business and
commercial, and residential properties within 600 feet of site on pre-approved
instruments that are in recordable form.
p. Well surface casing and cementing program.
q. Commission Permit. Provide copies of Commission forms and drilling permit.
r. Security Instrument. Provide security comprising of an irrevocable letter of credit,
indemnity bond, or certificate of deposit, as required by this Ordinance and in an
amount determined by the City Engineer or the Council.
s. Emergency Contacts. Provide the Operator’s primary corporate twenty-four (24)
hours a day emergency contact phone number, the name and twenty-four (24) hours
a day phone number of the Operator’s local representative with supervisory
authority over the Drill Site and Oil or Gas Operations Site, and well and lease
identification required by the Commission.
t. Media Contact. Name, address, telephone number, and e-mail address of a point of
contact for members of the public and/or media.
u. Proposed well name.
v. Mineral Lessee name(s) and address(es).
w. Operator name and address.
x. Surface owner name(s) and address(es).
y. Insurance. Provide evidence of insurance information as required by this
Ordinance. Provide the name and address, including facsimile and electronic mail
address of an individual designated to receive notice.
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z. Road Maintenance Agreement and Fee. Execute and provide an agreement and the
associated, calculated fee if the approved transportation route includes City streets
or rights of way.
aa. Geologic Description. Provide name of the target geologic formation(s) as used by
the Commission.
ab. Legal. Legal description of the property to be used for the Oil or Gas Operation,
the parcel, and the production unit (plat description or metes and bounds bearings).
Property recorded by plat should reference subdivision, block and lot numbers.
ac. Site and Pooled Unit Surveys. A survey of the Drill Site or Oil or Gas Operations
Site and the proposed production or pooled unit at a scale of one per three hundred
(1:300) or greater by a certified surveyor including:
(1) Lengths and bearings of all boundary lines for the Drill Site, Oil or Gas
Operations Site and production or pooled unit;
(2) Exact acreage of the production or pooled unit;
(3) Exact location of the well within production unit with distances showing a
minimum of two (2) adjacent boundary lines of the production or pooled
unit;
(4) Length of maximum diagonal within the production or pooled unit;
ad. Water Board Letters. Copies of all reports required by the Groundwater Protection
Determination Letters issued by the Groundwater Advisory Unit, formerly the
Surface Casing Program area of the TCEQ. They are also sometimes referred to as
“Water Board Letters”.
ae. Noise Abatement Plan. Description of noise control devices and abatement.
af. Alternate Oil or Gas Operations Site Location. Provide a map and discussion on
alternate well locations due to adjacent land uses.
ag. Contractual Responsibilities. Provide proof of all contractual responsibilities
including but not limited to:
(1) Emergency Services including Fire Fighting and Control of Well;
(2) Site Operations and Maintenance; and
(3) Monitoring and Testing.
ah. Waste Disposal. Describe handling, storage, and disposal of all sludge and all
waste, including final destination.
ai. Work Hours. Describe work hours for each phase of work: site development,
Drilling, Hydraulic Fracturing, and Operations.
aj. Handling Gas. Description of equipment and plans for handling gas for each phase
of work: Drilling, Hydraulic Fracturing, and Operations. Associated equipment
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should be depicted on Drilling Site Plan, Hydraulic Fracturing Site Plan, and
Production Site Plan.
ak. Operator’s Certification of Application. Provide a statement under oath signed by
Operator that the information submitted in the application is true and correct and
shall abide by all federal, state, and local laws, rules, and regulations.
2. Security instrument.
a. Any security instrument shall require Operator to:
(1) General Conditions. Comply with terms and conditions of this Ordinance
and the Permit issued;
(2) Site Restoration. Promptly clear all premises and Oil or Gas Operations
Site(s) of all litter, trash, waste, and other substances used, allowed, or
occurring in the operations, and after Abandonment or completion, grade,
level and promptly restore such property to the same surface conditions as
nearly as possible as existed before operations commenced, unless written
evidence from the surface owner to the contrary is provided by the Operator
to the City Engineer;
(3) Repair Damage.
a) Repair damage to all streets, roads, storm drains, traffic control
devices, utility infrastructure, and any other infrastructure damage
caused or accelerated by the conduct of Oil or Gas Operations;
b) Reasonable pavement degradation of the road surface on streets and
transportation routes approved by the City Engineer shall be
covered by a separately executed Road Maintenance Agreement
with the City.
(4) Indemnification. Operator agrees to indemnify and hold harmless City, its
officers, agents, employees and volunteers from and against all claims,
losses, damages, causes of action, suits, and liability of every kind,
including oil and gas development activity, all expenses of litigation, court
costs, and attorney’s fees, for injury to or death of any person, or for damage
to any property caused by or arising from Operator’s or its agents’ activities
under a Permit:
(a) Except where such injuries, death or damages are caused by City’s
sole negligence or the joint negligence of City and any other person
or entity other than Operator;
(b) Regardless of whether such injuries, death, or damages are caused
in part by the negligence of City; and
(c) Operator agrees to pay for all damages to the City’s trees, buildings,
streets (except for reasonable pavement degradation of the road
surface on specifically identified streets and approved transportation
Page 15
routes contained in an executed Road Maintenance Agreement with
the City), fixtures, utility lines (above and below ground), personal
property, and any other things damaged because of Operator’s or its
agents’ actions in carrying out any operations under this Ordinance.
Operator further agrees to indemnify and hold the City harmless
from all damages to third persons and the property of third persons
resulting from such operations.
(5) Notice of Cancellation. Operator agrees not to cancel such instrument
without thirty (30) days prior written notice thereof to the City Engineer;
(6) Fines. Operator agrees to pay fines, penalties, and other assessments
imposed by reason of breach of any of the terms of the Permit promptly;
(7) Restoration from Damage. Operator agrees to promptly restore to their
former condition any public property damaged by the Oil or Gas Operation;
and
(8) Fees. Operator agrees to promptly pay all fees of a consultant and contract
inspector whose services are engaged by the City under this Ordinance.
b. Letter of Credit. Any irrevocable letter of credit or indemnity bond shall be
executed by a reliable banking institution or insurance company authorized to do
business in Texas as a surety. Such banking institution or insurance company must
be acceptable to the City. The Operator shall be listed as principal and the
instrument shall run to the City for the benefit of the City and all persons concerned.
Such letter or bond shall become effective by the date the Permit is issued and shall
remain in force and effect for at least the Permit term and all renewals. The City
may permit a reduction of the letter of credit after Completion of Drilling and
Hydraulic Fracturing operations.
c. Certificate of Deposit. Applicant may substitute a certificate of deposit (CD) in
lieu of the letter or bond if the CD is in an amount equal to or greater than the letter
or bond required. The CD shall be issued by a bank in Brazos County, Texas,
selected by applicant, and shall be payable to the order of the bank; however,
accrued interest thereon shall be payable to the Operator and the bank shall be so
instructed. The CD shall be delivered to the bank and evidence of the delivery shall
be submitted to the City Engineer. The bank shall be instructed of the terms and
conditions in this Ordinance for Oil or Gas Operation security instruments.
d. Minimum Surety. The initial principal amount of any security instrument shall be
determined by the City Engineer or Council, and shall never be in an amount less
than One Hundred Thousand Dollars ($100,000) per well. The Operator may make
a written request to the City for a reduction in the principal amount of and the
consolidation of any surety instrument after the Completion of Drilling and
Hydraulic Fracturing operations, but the minimum surety shall be at least $50,000
regardless of the number of wells operated by Operator in the City.
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e. Acceptance and Indemnity Agreement. The Operator who has a net worth of not
less than One Hundred Million Dollars ($100,000,000), as shown in such
Operator’s most recent audited financial statements, may substitute an
Acceptance and Indemnity Agreement in lieu of the bond or irrevocable letter
of credit provided that such Acceptance and Indemnity Agreement shall be in
a form acceptable to, and approved by, the City Attorney and the City Manager
of the City. The Oil and Gas Inspector may request an annual review of the
Operator’s most recent audited financial statements to assure compliance with this
section.
3. Insurance. Insurance in the following minimum amounts of coverage are required:
a. Commercial General Liability. Commercial General Liability Insurance (including
Pollution Liability) with limits of liability of not less than Five Million Dollars
($5,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the
aggregate per policy year.
b. Excess Liability. Excess Liability insurance policy with limits of liability of not
less than Twenty-Five Million Dollars ($25,000,000) over the above required
general liability insurance policy. Excess policy must follow the form of the
underlying liability policy.
c. Environmental Pollution Liability. Environmental Pollution Liability Coverage in
full force and effect in an amount not less than Five Million Dollars ($5,000,000)
per occurrence and Ten Million Dollars ($10,000,000) in the aggregate per policy
year for the duration of the Urban, Rural, or Seismic Survey Permit, with insurance
for environmental pollution liability applicable to bodily injury and property
damage, including loss of use of damaged property or of property not physically
damaged or destroyed; cleanup costs; defense costs, including costs and expenses
in the investigation, defense or settlement of claims; all for a loss arising from
operations of the Operator.
(1) Sudden and Accidental. 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.
(2) Continuous Coverage. 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
issuing the Permit by the City.
d. Control of Well. Control of Well coverage shall 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, expenses related to retaining experts and consultants, loss of
equipment, and evacuation of residents.
(1) Five Million Dollars ($5,000,000) per occurrence with no aggregate, if
available, otherwise an aggregate of Ten Million Dollars ($10,000,000);
Page 17
(2) $500,000 sub-limit endorsement may be added for damage to property for
which the Operator has care, custody and control.
e. Workers’ Compensation Insurance:
(1) Statutory Benefits (Coverage A)
Statutory
(2) Employers Liability (Coverage B)
$1,000,000 Each Accident
$1,000,000 Disease/Employee
$1,000,000 Disease/Policy Limit
f. Automobile Liability Insurance:
Minimum combined single limit of One Million Dollars ($1,000,000) for bodily
injury and property damage. Coverage shall include any vehicle, owned vehicles,
non-owned vehicles, scheduled vehicles and hired vehicles.
g. The following terms and conditions regarding standard insurance policies are
required:
(1) Commercial General Liability and Auto Liability insurance must be issued by
a carrier rated “A” or better, in a financial size category of XV or greater under
the current A. M. Best key rating guide. Only insurance carriers licensed and
authorized to do business in Texas will be accepted. Deductibles shall be shown
on the certificate of insurance. Claims-made policies must include a retroactive
date and availability of an extended reporting period of no less than thirty-six
(36) months.
(2) The City, its officials, agents, employees, and volunteers will be listed as
“Additional Insureds” on the Commercial General Liability, Auto Liability, and
Excess (Umbrella) policies. The coverage shall have no special limitations on
protection afforded the City, its officials, agents, employees, or volunteers. A
Letter of Self Insurance shall provide the same level of protection for the City,
its officials, agents, employees and volunteers as Additional Insured status in a
commercial policy.
(3) Waiver of Subrogation. Policies will be endorsed with a waiver of subrogation
rights in favor of the City on all policies. A Letter of Self Insurance shall include
a waiver of subrogation rights in favor of the City.
(4) Change of Coverage Notice. Coverage shall not be suspended, voided,
canceled, modified or reduced in coverage or in limits of liability except after
thirty (30) days’ prior written notice has been given to the City.
(5) Certificates. Certificates of Insurance on the most current State of Texas
Department of Insurance-approved form must be filed with the City as evidence
Page 18
of compliance with the insurance coverage required under this section. Such
certificates must be endorsed to indicate carrier will provide the City, as
certificate holder, thirty (30) days’ written notice of cancellation (ten (10) days
for non-payment) or material change. Certificate will show coverage for
pollution liability; control of well; property damage liability arising from
blasting or explosion; collapse or structural damage; underground property
damage; damage to underground resources and equipment; and blowout or
cratering of any well. Upon request, Operator will provide the City with full
copies of the insurance policies required under this section.
(6) 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 facsimile, electronic mail, or certified mail. Operator shall within
ten (10) days notify the City Engineer in writing of any change in such
individual or mailing address unless operations in the City are discontinued and
abandonment is completed.
h. The City, in its sole discretion, may accept from the Ope rator, a Letter of Self
Insurance or Assumption of Risk in an amount not less than the required limits of
liability stated herein. Operator shall provide, upon the City’s acceptance of such
letter of self-insurance, financial statements supporting the Operator’s capacity to
defend and indemnify all claims related to or regarded as having resulted from the
Operator’s activities for which the City has issued any such permit.
5. Application Copies. The original Permit application, all attachments, all fees, a minimum
of three (3) hard copies of the application, and one electronic copy of the application
(contained on a thumb, flash drive, or disk), submitted to the City Engineer. Upon request
by the City Engineer, Operator will provide any additional hard copies of the Permit
application and attachments.
G. Permit classifications.
1. Urban Permit.
a. Process. The City Engineer shall review Urban Permit applications and shall retain
a Consultant at the expense of the Operator to review: the environmental constraints
study of the site that identifies potential wetlands and threatened and endangered
species; a preliminary review of the need for any site-specific Corps of Engineers
permits; and the Permit application for the proposed site, and proposed operations
or drilling program; the Air Quality Monitoring Plan; and at the direction of the
City Engineer, draft recommended additional restrictions or conditions to be
appended to the Urban Permit, if issued, including minimum set-back and
separation distances for Drilling or other operations, special safety equipment and
procedures, and prohibited operations or techniques. Consultant may recommend
additional noise reduction levels and noise and light attenuation screening where
deemed appropriate. The Consultant’s study shall be completed and delivered to
the City Engineer and Operator within forty-five (45) days after the application is
submitted.
Page 19
b. Notice. Before consideration of an Urban Permit application by the City Council ,
the City Engineer shall cause the following notices of public hearing to be issued,
at Operator’s expense, no later than two (2) weeks before the regular Council
meeting in which the public hearing will be held:
1. Notice of the public hearing shall be published in a newspaper of general
circulation in the City.
2. Notice of the public hearing shall be made to all persons with property
within one thousand (1,000) feet of the proposed Oil or Gas Operations Site
as shown by the latest Brazos County Appraisal District certified tax rolls,
by certified mail, return receipt requested. The Operator shall pay the City
four dollars ($4.00) for each such notification letter. No notification letter
shall be required for property owners who have signed and acknowledged
before a Notary Public the consent form acceptable to the City.
c. Council Action. After the public hearing, Council, in its sole discretion, may
approve or deny the Permit based upon the recommendations submitted or may add,
remove or waive any conditions not deemed a nuisance or necessitated by the
health, safety, and welfare of the public, whether or not they are included in
Consultant’s recommendations.
d. Public Hearing. At the public hearing, the recommendation of the City Engineer
shall be presented, the Consultant’s recommendations considered, and any
interested party shall be allowed to speak or present evidence. At the conclusion of
the public hearing, the Council shall approve or deny the Permit based upon the
reports, recommendations and testimony submitted. The Council may table any
application for up to sixty (60) days and direct the City Engineer to provide
additional information. The Council may add or modify any conditions necessitated
by the health, safety, and welfare of the public, whether or not included in the
recommendations of the City Engineer.
2. Rural Permit.
a. Notice. Before final consideration of a Rural Permit application by the City
Engineer, the City Engineer shall cause the following notices to be issued, at
Operator’s expense, to provide at least a two (2) week public comment period
before any final action is taken by the City Engineer:
1. Notice of the Rural Permit application shall be published in a newspaper of
general circulation in the City; and.
2. Notice shall also be made to all persons with property within one thousand
(1,000) feet of the proposed Oil or Gas Operations Site as shown by the
latest Brazos County Appraisal District certified tax rolls, by certified mail,
return receipt requested. The Operator shall pay the City four dollars ($4.00)
for each such notification letter. No notification letter shall be required for
property owners who have signed and acknowledged before a Notary Public
consent to the proposed oil or gas operations or waiver of the right to receive
further notices about Rural Permit applications in a form acceptable to the
City.
Page 20
b. Process. At least two (2) weeks following such notice, the City Engineer shall
consider the application and any comments received regarding the application, and
grant or deny the Permit based upon ordinance requirements and any received
comments. The City Engineer may refer the Permit to Council for consideration
and table the application for a period of up to sixty (60) days to obtain additional
data from the Operator or from a consultant engaged to study and evaluate the
proposed activity.
3. Seismic Survey Permit.
A Permit is required for all seismic surveys performed on any property within the City.
a. Process. To obtain a Permit, the Operator must apply to the City, pay the
Permit fee as established by resolution of the City Council, and execute a
License Agreement on a form approved by the City Attorney. The City
Manager or his/her designee may negotiate and execute the License
Agreement on behalf of the City.
b. Term. The term of the Seismic Survey Permit shall be for a period of one
(1) year.
c. Permit Required. It violates this ordinance to conduct a seismic survey in
the City without a valid, existing Permit and License Agreement with the
City.
d. Application.
The application for a Permit will require the following information to be
provided by the Operator:
(1) Name and address of the Operator. If the Operator is a corporation,
the state of incorporation. If the Operator is a limited partnership,
the name and address of the general partner(s);
(2) Emergency Contact. Name, address, telephone number, and email
address of two individuals who will be the 24-hour emergency
contact for the Operator;
(3) Media Contact. Name, address, telephone number, and email
address of a point of contact for members of the public and/or media;
(4) Seismic Project Route Plan. Provide sheets on 24x36 tax maps that
identify all utilities, streets, properties, the location of source points,
and the location of receiver points;
(5) Traffic Control Plan. Provide plan in compliance with the Texas
Manual on Uniform Traffic Control Devices;
Page 21
(6) Vibroseis Trucks. A list of the type, weight, and specifications of
the vibroseis equipment and/or vehicles to be used in the seismic
survey;
(7) Insurance. Provide Certificates of Insurance evidencing the
insurance required under the License Agreement which lists the
City, its officers, agents, employees and volunteers as an Additional
Insureds; and
(8) Security. Provide a security instrument that secures the Operator’s
obligations to repair any damage caused by the seismic survey to
sidewalks, rights of way, easements, water/sewer/electric
infrastructure, or other public property or infrastructure.
e. Prohibitions
(1) Explosives. Under no circumstances may explosive charges,
including, but not limited to, pentolite or dynamite, be a seismic
source or related to the preparation and/or operation of conducting
a seismic survey in the City, including public and private properties,
City Rights-of-Way, and on City-owned properties.
(2) Source Points on City Property. Seismic source points shall not be
permitted within City Rights-of-Way, or on City-owned properties
within City Limits.
(3) Clearing on City Property. Clearing trees and vegetation, associated
with Seismic survey operations, greater than a one-inch caliper is
prohibited in City Rights-of-Way and on any City-owned properties.
f. Violations
It violates this ordinance to conduct seismic surveys:
(1) Permit Required. In the City without a valid, existing Permit and
License Agreement with the City;
(2) Explosives. Using pentolite, dynamite, or any other explosive;
(3) Source Point Setbacks. If source point activity encroaches upon the
minimum established setbacks;
(4) Peak Particle Velocity and Frequency. If the peak particle velocity
or frequency exceed the allowed parameters under the License
Agreement;
(5) Source Points on City Property. Using City Rights-of-Way, or City-
owned properties within the City Limits for seismic source points;
Page 22
(6) Receiver Points. Using public streets, sidewalks, or drainage ditches
for seismic receiver points and/or using other public property
without prior written permission from the City; or
(7) General. That violate any of the terms or conditions of the License
Agreement.
g. Conflicts. Provisions of this Ordinance shall apply and the Seismic Survey
Permit subsection shall prevail if any conflicts arise.
H. Location and Site Requirements.
1. Locations. No Oil or Gas Operations Site shall be located:
a. Within fifty (50) feet of any street, right-of-way, alley, or utility easement;
b. Within six hundred (600) feet of a cemetery, park, retail, business and commercial
or Public Buildings or structures, religious institutions, medical offices, dental
offices, places of assembly or Residence, unless waived by the retail, business and
commercial, and Residence property owner and the party entitled to occupy the
premises;
c. Within one thousand (1,000) feet of any public or private school, child or adult care
or group residential facilities, or hospital;
d. In any Public Park unless authorized by State law;
e. Within any one hundred (100) year special flood hazard area as identified by the
Federal Emergency Management Agency (FEMA); or
f. In any City streets or alleys.
2. Tanks:
a. Tank Location. All tanks shall be on the Oil or Gas Operations Site and set back
pursuant to the standards of the Commission and the National Fire Protection
Association, but in all cases, shall be at least three hundred fifty (350) feet from any
existing public right-of-way, planned public right-of-way as described in the
Thoroughfare Plan of the City, or property line, as measured from the tank battery
containment berm. City Council may modify the tank setback distance from
existing public right-of-way or planned public right-of-way as described in the
Thoroughfare Plan to no less than one hundred seventy five (175) feet if the
modified tank setback distance increases the separation distance from any
Residence or Public Building.
b. Specifications and Height. All tanks and permanent structures shall conform to the
American Petroleum Institute (A.P.I.) specifications unless other specifications are
approved by the Fire Chief. The top of the tanks shall be no higher than fifteen (15)
Page 23
feet above the terrain surrounding the tanks, excluding required netting and support
structures;
c. Vapor Recovery System. Vapor recovery system equipment is required for tanks
or tank batteries that have an estimated rolling annual aggregate emissions rate of
25 tons or greater of total volatile organic hydrocarbons per Oil or Gas Operations
Site;
d. Vapor Recovery Efficiency. Vapor recovery equipment must be operated to ensure
95% recovery efficiency between the internal and external atmospheres of the
tanks.
e. Fire Suppression. Fire extinguishers and accessible foam suppression systems for
all tanks and flammable fluid retaining vessels are required for all Oil or Gas
Operations.
f. Berm Capacity. All tanks shall have a berm or dam of sufficient height, strength
and distance from the tanks or vessels to ensure that one hundred and fifty percent
(150%) of the capacity of the largest tank and/or vessel and adequate freeboard to
allow for precipitation can be maintained within the berm or dam; and
g. Lightning Arrestor. Lightning arrestors and adequate grounding equipment shall
be installed for all tanks.
3. Slush, Sump, Sump Pits or skim ponds are prohibited.
a. Sump Pits Prohibited. No person shall own, operate, have possession of, be in
control of, or maintain any well site, former well site or property on which a
Slush, Sump or Sump Pit or skim pond is located.
b. Portable Steel Tanks. This section shall not apply to portable steel tanks.
4. Waste removal.
a. Closed Loop System. Rotary mud, drill cuttings, oil or liquid hydrocarbons and
all other oil field wastes derived or resulting from, or connected with the Drilling,
Redrilling, Hydraulic Fracturing, deepening or Reworking of any Well shall be
contained in a closed loop system and discharged into portable steel tanks.
Operator will follow all Department of Transportation (DOT) regulations and
placarding for transportation of any waste material.
b. Timing. Unless otherwise directed by the Commission, waste materials shall be
removed from the Drill Site within thirty (30) days after completion of Drilling.
c. Drip Pans. Drip pans should be provided under equipment and storage containers
potentially subject to minor leaks. These drip pans should be monitored on a routine
basis to recover and recycle or dispose of accumulated oil and other liquids.
Page 24
5. Noise abatement:
a. Maximum Noise. No Well will be drilled, re-entered, re-worked, completed,
fracked, operated, re-fracked or produced with any pump, engine, compressor or
motor-driven machinery of any type that, when considering the ambient sound
pressure level in the immediate vicinity of the Oil or Gas Operations Site creates a
sound pressure level greater than sixty (60) dB(a) when measured at a distance of
six hundred (600) feet from that equipment or at the closest fence-line, whichever
is the shortest distance. If the ambient sound pressure level exceeds sixty (60)
dB(a), the sound level may not exceed the ambient noise level by more than five
(5) dB during the daytime and more than three (3) dB during the nighttime. Sound
attenuation structures may be considered, constructed and utilized during
operations to meet this requirement;
b. Muffled Exhaust. Exhaust from any internal combustion engine, stationary or
mounted on wheels, used 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
noxious gases, fumes, or ignited carbon or soot;
c Electric Motors. Motive power for all operations after Completion of Drilling
Operations shall be by utility-provided electricity. All electric lines to production
facilities shall be located in a manner compatible to those lines already installed in
the surrounding area or subdivision; and
d. Sound Meters. Sound level measurements shall be made with a sound level meter
conforming as a minimum to the requirements of American National Standards
Institute S1.4-1971 Type 2 or its successor publication and set to an A-weighted
response.
6. Light abatement:
a. Light Orientation. Considering safety, site lighting shall be directed downward and
internally to avoid glare and to prevent lighting from shining directly on public
roads, adjacent dwelling or buildings, adjacent property or property in the general
vicinity of the Drill Site or Oil or Gas Operations Site.
7. Air quality monitoring plan:
a. The Operator will submit an Air Quality Monitoring Plan that describes the
location, techniques, equipment and frequency of measurement the Operator will
use to ensure all airborne emissions of Oil or Gas Operations and equipment will
be measured and comply with applicable airborne emissions limits, applicable law
and this Ordinance relating to airborne emissions.
Page 25
8. Gas emissions or burning restricted:
a. No Venting. No person shall allow, cause or permit gases to be vented into the
atmosphere or to be burned by open flame except as required for safety during
Drilling or Completion of Drilling;
b. Shielding. Gas shall be burned in such a manner as to direct, contain and shield the
flame visually from any building or other structure not used in Oil or Gas
Operations within six hundred (600) feet of the Drill Site;
c. Emissions Abatement. Gas from Oil or Gas Operations and exhaust emissions from
combustion engines will be abated, treated or otherwise limited to the maximum
extent practicable and controlled as prescribed by the USEPA and the TCEQ
regulations to maintain levels of hydrocarbon based, volatile organic compounds
(VOCs) and H2S at the perimeter of the Oil or Gas Operations Site comparable to
levels adjacent to but not on the Oil or Gas Operations Site prior to commencement
of Oil or Gas Operations; and
d. Green Completions. Completion of Oil Wells or Gas Wells will be by utilization
of Reduced Emissions Completions (REC) more commonly known as Green
Completions.
9. Emissions, Monitoring and Mitigation:
a. Requirement to Register. The Operator or other person proposing to construct
a new facility (a stationary source of air contaminants) that requires a TCEQ
permit must register with the City within 30 days of submittal of the TCEQ permit
application;
b. Additional Information. The Oil and Gas Inspector may require the Operator of a
facility whose activity causes or may cause emission of an air contaminant to
submit additional information to evaluate the air pollution nature or potential of
the activity;
c. Extended Gas Analysis. An extended gas analysis of raw produced gas will be
provided to the Oil and Gas Inspector upon initial production and after any
recompletion;
d. No Open Venting. No Well may flow or vent directly into the atmosphere without
first directing the flow through separation equipment or into a portable tank;
e. Emissions Abatement. After Hydraulic Fracturing, Operator will employ
equipment and processes to minimize natural gas and associated vapor release;
f. Pipeline. All salable gas will be directed to the sales line as soon as practicable or
shut in;
g. Reduced Emissions. All Wells that have a sale pipeline will employ reduced
emission completion techniques and methods; and
Page 26
h. Hydrogen Sulfide. If a gas or oil field is identified as a Hydrogen Sulfide (H2S)
field under RRC, TCEQ, or EPA regulations, or if a Well is producing Hydrogen
Sulfide (H2S) gas over applicable Commission, TCEQ, or USEPA standards, the
Operator shall immediately stabilize and cease any additional Oil or Gas
Operations of that Well or facility.
10. Dry Storage:
a. Non-essential Equipment.
i. No Drilling equipment, Re-working equipment, other portable equipment
or idle equipment not essential to the everyday operation of the activity
located thereon shall be stored on an Oil or Gas Operations Site;
ii. Lumber, pipes, tubing, and casing shall not be stored on an Oil or Gas
Operations Site except when Drilling or Well servicing operations are being
conducted;
iii. All Well servicing equipment, including portable pulling masts and gin
poles, shall be removed from the Oil or Gas Operations Site within fifteen
(15) days after completion of a Well servicing operation.
b. Blocking Traffic. No person, owner, or Operator shall store or park any vehicle or
item of machinery on any street, right-of-way, driveway, alley, or upon any Oil or
Gas Operations Site except that equipment for the maintenance of the site or for
gathering or transportation of hydrocarbons from the site. The Fire Chief shall
determine whether any equipment constitutes a fire hazard.
11. Disposal Wells:
a. Prohibited. No Disposal Wells of any kind or character shall be drilled, completed,
re-completed or used within the City.
12. Water Wells:
a. Location. No water wells associated with Oil or Gas Operations shall be drilled
within one thousand (1,000) feet of any other water well registered with the Brazos
Valley Groundwater District or the Texas Water Development Board, located
within the City limits. Any water well with steel casing shall be equipped with
cathodic protection;
b. Baseline Water Quality. Water well samples shall be collected and analyzed prior
to any Drilling activity to document baseline water quality data of the well;
c. Pre-Drilling Water Analyses Required. Before an Oil or Gas Operator commences
drilling of a proposed oil or gas well within the City limits, baseline water quality
testing shall be performed as set out in this section. The Operator shall perform
water analyses on at least one private or public water well in each aquifer with
usable quality water as defined in Texas Administrative Code Title 16, Part 1,
Chapter 3, Rule Section 3.30(e)(7)(B)(i), that is within a radius of one thousand
five hundred (1,500) feet from the proposed oil or gas well bore. If an aquifer has
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multiple water wells within the 1,500 foot radius, the closest water well to the oil
or gas well will be the well tested;
d. Post-Drilling Water Analyses Required. The Operator shall perform water analyses
on the same water wells that were tested during the Pre-Drilling Water Analyses
within ninety (90) days of completing the oil or gas well and one (1) year after the
completion of the well. Completing the oil or gas well in this instance is defined
as perforating the well or Hydraulic Fracturing of the well if hydraulic stimulation
is done after perforating any oil or gas formation. The water well analyses shall, at
a minimum, test for the constituents listed in the Testing Parameters section, below;
e. Results Delivered to City. The results of the water well analyses shall be delivered
to the City Engineer or his designee and the water well owner within thirty (30)
days of collecting the samples for testing;
f. Water Well Owner Notification. In the case of a substantive negative change using
guidelines of the Groundwater Protection Council (GWPC) in a water well quality
between the pre- and post-drilling and completion testing, the Oil or Gas Well
Operator shall immediately notify all property owners with water wells within
2,000 feet of the Oil or Gas Well of the change in water quality;
g. Water Analyses Requirements. Water analyses and testing shall conform to the
following testing requirements:
(1) Collection of Samples. Water samples must be collected by
personnel employed by an independent laboratory certified under
the National Environmental Laboratory Accreditation Program for
drinking water.
(2) Laboratory Analyses. The water analyses shall be performed by a
laboratory certified under the National Environmental Laboratory
Accreditation Program for drinking water.
(3) Testing Parameters. Parameters to be tested for include but are not
limited to: barium, boron, chlorides, sodium, total dissolved solids
(TDS), strontium, ethane, ethylene, methane, semi-volatiles, total
petroleum hydrocarbons (TPH), and volatile organic compounds
(VOCs).
h. Cross Connection Control. Any connection to a freshwater source, including but
not limited to, the City public drinking water system, private wells, other surface
and/or groundwater sources, shall comply with all cross connection control
requirements.
13. General:
a. Clean Site. All Oil or Gas Operations shall be conducted in a reasonable and
prudent manner and all Oil or Gas Operations Sites shall be maintained in a neat,
clean, and orderly manner. Debris, pools of oil, water or other liquids, weeds, brush,
trash, or other waste material and all discarded surplus materials, supplies, and
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refuse shall be removed from the Oil or Gas Operations Site no later than every
fifteen (15) days;
b. Discharges Prohibited. No person shall place, deposit, discharge, 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 with any Oil or Gas
Operation in, into, or upon any public right-of-way, storm drain, ditch or sewer,
sanitary, drain or sewer, any body of water, or any private property in the City;
c. Equipment Maintenance. All production equipment on the Oil or Gas Operations
Site shall be painted and maintained, including pumping units, storage tanks,
buildings and structures;
d. Flood Ordinance. All Oil or and Gas Operations shall comply with the Flood
Hazard Protection Ordinance of the City.
14. Work Hours:
a. Site development, other than Drilling and Completions (including Hydraulic
Fracturing) operations, shall be conducted only between 7:00 a.m. and 9:00 p.m.
Monday through Friday, and between 9:00 a.m. and 8:00 p.m. on Saturday and
Sunday. 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 the same work hour restrictions
identified above 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, Completions (including Hydraulic Fracturing), or production.
15. Safety:
a. Watchman. The Operator will keep a watchman or security personnel on site
during the Drilling, Completion of Drilling, Hydraulic Fracturing or Reworking of
a Well when other workmen are not on the premises; and
b. Permanent Site Signage. Permanent weatherproof signs reading “DANGER NO
SMOKING ALLOWED” shall be posted at the entrance of each Well Site and tank
battery. The sign shall include the emergency notification numbers of the Fire
Department, the Operator’s primary corporate twenty-four (24) hours a day
emergency contact phone number, the name and twenty-four (24) hours a day
phone number of the Operator’s local representative with supervisory authority
over the Oil or Gas Drill Site and Oil or Gas Operations Site, and Well and lease
identification required by the Commission.
16. Emergency Response Plan:
a. Requirements. Prior to the commencement of Drilling, Oil or Gas Operations, or
any other hydrocarbons production activities, Operator shall submit to the Oil and
Gas Inspector finalized copy of the Emergency Response Plan establishing written
procedures to minimize any hazard resulting from Drilling, Completion, Hydraulic
Fracturing, or producing of oil and/or gas Wells, including an Emergency
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Evacuation Plan. Said plan shall use existing guidelines established by the
Commission, the TCEQ, Texas Department of Transportation and/or the USEPA.
The Emergency Response Plan shall be kept current with any additions,
modifications, and/or amendments concerning all construction-related activities,
oil and/or natural gas operations and, oil and/or natural gas production. Updated
plans shall be submitted to the Oil and Gas Inspector within two (2) business days
after any additions, modifications, and/or amendments to said plan(s). A copy of
the Emergency Response Plan shall be kept onsite. Further, a copy of the
Emergency Response Plan shall be provided to any potentially affected
independent school district for comment by the school district, with a copy of the
comments provided to the Oil and Gas Inspector. The Emergency Response Plan
shall at a minimum provide for:
b. Emergencies. Prompt and effective response to emergencies regarding:
1. Leaks or releases that can affect public health, safety, welfare;
2. Fire or explosions at or near an Oil or Gas Well; or
3. Natural disasters;
c. Notification Plan. Effective means to notify and communicate required and
pertinent information to local fire, police, and public officials during an emergency;
d. Emergency Resources. The availability of personnel, equipment, tools, and
materials at the scene of an emergency;
e. Emergency Risk Reduction. Measures to be taken to reduce public exposure to
injury and the probability of accidental death or dismemberment;
f. Shut-Down. Emergency shut-down of Well and related site;
g. Restoration. The safe restoration of service and operations following an emergency
or incident;
h. Post Investigation. A follow-up incident investigation to determine the cause of the
incident and require the implementation of corrective measures.
i. All fire suppression and prevention equipment required by the Operator’s
Emergency Response Plan shall be provided by the Operator at the Oil or Gas
Operations Site or other location as authorized by the Fire Chief. The Operator shall
maintain the suppression and prevention equipment at Operator’s expense. The
City shall have no responsibility and Operator assumes all responsibility for any
fire, explosion, leak, venting, upset or other event either by one or more sudden
events or unseen accumulation of volatile, toxic, polluting, agents of every kind or
character released or produced over time and observed, affecting person or property
in the City, whether in the atmosphere, on the surface of or underground land within
the City.
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17. Fencing, Screening and Landscaping:
a. Supervision. Fences shall not be required on Drill Sites during initial Drilling,
Completion or Hydraulic Fracturing operations if twenty-four (24) hour on-site
supervision is provided; and
b. Fencing. Within thirty (30) days after production has been established, all Oil or
Gas Operations sites, both Urban and Rural Wells, shall be completely enclosed by
a permanent chain link fence. All gates are to be kept locked when the Operator or
Operator’s employees are not within the enclosure:
1. Height. The fence fabric shall be at least six (6) feet in height;
2. Support Posts. Support posts shall be set in concrete and shall be imbedded
into the ground to a depth sufficient to maintain the stability of the fence;
provided, however, so long as stability of the fence is maintained, temporary
fence posts shall not be required to be set in concrete;
3. Galvanized and Coated. All chain link fabric including gates, posts and
hardware shall be galvanized steel wire coated with green non-flammable
vinyl or plastic material;
4. Thickness. The chain link fence fabric shall have a minimum thickness of
eleven (11) gauge;
5. Mesh Size. The chain link fabric shall be two-inch mesh;
6. Posts and Rails. Posts and rails shall be standard galvanized, welded pipe,
schedule forty (40) or thicker; provided, however, that non-galvanized drill
pipe may be used if it exceeds schedule forty (40) in thickness;
7. Pipe. All pipe and other ferrous parts, except chain link fabric and drill pipe,
shall be galvanized inside and outside with a plating which contains a
minimum of one and two-tenths (1.2) ounces of zinc per square foot of
surface area;
8. Tension Rods. Tension rods shall be three-eighths-inch round steel bolt
stock. Adjustable tighteners shall be a turnbuckle or equivalent having a six-
inch minimum take-up. Tension bars shall have a minimum thickness of
one-fourth (1/4) by three-fourths (3/4) inch;
9. Security Arms. All fences shall have security extension arms at the top of
such fences and such security extension arms shall be strung with at least
two (2) strands of galvanized barbed wire;
10. Color. All fencing shall be of a neutral color compatible with surrounding
uses and shall be maintained in a neat, orderly, secure condition. Neutral
colors for fencing shall include unobtrusive shades of green; and
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11. Knox Box. Operator shall provide the City’s Fire Chief with a “knox
padlock” or “knox box with a key” to access the Oil or Gas Operations Site,
to be used only in case of an emergency.
c. Landscaping. Within sixty (60) days after Completion of Drilling or within sixty
(60) days after activation of an idle Well, any Urban Oil or Gas Operations Site will
be landscaped. Landscaping may be installed inside the perimeter fence and must
be served by drip irrigation.
1. General Location. Landscaping and irrigation shall be required along all
street frontages of the Oil or Gas Operations Site with suitable screening
shrubs that complement the architectural character of the surrounding
neighborhood;
2. Screening Shrubs. Screening shrubs shall be installed around the Well Site
and all fences and screen from view the structures sought to be screened.
Screening shrubs shall be of the “evergreen” variety and be planted
generally on six (6) foot centers to ensure coverage and screening of the
fenced area at maturity. Screening shrubs shall be a minimum of three (3)
feet in height at planting, have the potential to grow to a mature height of a
minimum of six (6) feet and must have an installed irrigation system that
provides total water coverage to all plant materials; and
3. Berms. The vegetation or berms shall be kept in an attractive state and in
good condition by the Operator.
18. Access and Dust Control:
a. Private Access Roads. Before any Oil or Gas Operation begins, all private roads
used for access to a Drill Site or Oil or Gas Operations Site shall be surfaced with
crushed rock, gravel, or ore, or oiled and maintained to prevent dust and mud;
b. Drill Site Pads. Pads shall be constructed of crushed rock, gravel or ore in sufficient
quantity and compacted to a sufficient degree to support all surface operations and
traffic that Operator proposes to conduct on the Drill Site;
c. Private Site Drives. All drives shall be at least thirty (30) feet wide unless otherwise
agreed to by the surface owner and the City Oil and Gas Inspector. The private
drive shall be constructed of compacted road base material finished with two (2)
courses of chip seal or concrete. This requirement may be waived at the discretion
of the City Oil and Gas Inspector;
d. Driveway Aprons. Driveway aprons and culverts shall meet BCS United standards.
Turn-outs and Turn-ins shall be constructed to ensure that no traffic is impeded by
the ingress or egress of Operator’s vehicular traffic, and shall meet stopping sight
distance by ensuring sight triangles are free from obstacles;
e. Heavy Trucks. Vehicles associated with Drilling and/or production over twenty-
four thousand pounds (24,000 LBS.) shall be restricted to such streets designated
in the Permit or commercial delivery routes designated in the City Code wherever
capable of being used;
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f. Dust Control Plan. The Operator shall conduct a dust control plan that will contain
daily dust mitigation measures that at a minimum provide for daily watering, chip
seal or equivalent best management practices approved by the City Engineer;
g. Water for Dust Control. Only clean water may be used for dust control and
abatement. Produced water, waste water, and other associated fluids or
hydrocarbons shall not be used for dust control and abatement; and
h. Road Maintenance Agreement. A signed Road Maintenance Agreement supplied
by the City that provides that the Operator provide the required fee to cover the
estimated repair costs for any damage to public roads, streets, or highways caused
by heavy vehicles for any activity associated with Oil or Gas Operations.
19. Periodic Reporting:
a. Changes. The Operator shall notify the Oil and Gas Inspector of any changes to the
following information within seven (7) business days after the change occurs:
1. Operator. The name, address, and/or phone number of the Operator;
2. Notices. The name, address, and/or phone number of the person designated
to receive notices from the City (which person must be a resident of Texas
that can be served with such notices in person or by registered or certified
mail); and
3. Emergency Response Plan. The Operator’s Emergency Response Plan, and
any other emergency plans.
b. Emergency Contacts. The Operator shall notify the Oil and Gas Inspector 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. Requirement to report emergencies.
1. Immediate Notice. The Operator shall immediately notify the Oil and Gas
Inspector and Fire Chief of any incident resulting in product loss from a
hydrocarbon storage facility or pipeline facility, blowout, fire, explosion,
incident resulting in injury, death, or property damage, or any other
significant incidents as defined by the Commission or the TCEQ;
2. Initial Summary Report. A written report, containing a brief summary of the
incident will be submitted to the Oil and Gas Inspector and to the Fire Chief
by 5:00 p.m. on the first business day following the incident;
3. Follow-Up Detailed Report. A follow-up report, signed and dated by the
person responsible for the report, shall be submitted to the Oil and Gas
Inspector and the Fire Chief within 30 days following the incident. The
follow-up incident report shall include the following information:
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a. Operator. Operator name, phone number, address, and, if possible,
email address;
b. Description. Description of the incident, including, but not limited
to, the time, date, location, and cause of the event;
c. Duration. Duration of the incident; that is, when it began and when
it terminated to the degree it no longer constituted a hazard to the
health, safety, and well-being of persons or property, regardless of
the distance or separation from the place of incident;
d. Remedy. How the incident was brought under control and/or
remedied; and
e. Investigation Results. A full and complete description of the
intercompany investigation or other investigation or inquiry made
concerning the incident, the findings or results of such inquiry or
investigation, and the action taken because of the findings and
inquiry concerning the prevention of future hazards.
d. Other Incident Reports or Complaints. The Operator shall provide the Oil and Gas
Inspector and the Fire Chief a copy of any “Incident Reports” or written complaints
submitted to the Commission or TCEQ within thirty (30) days after the Operator
has notice of such reports or complaints. This shall include, but not be limited to,
notification of any reportable quantity releases of oil, natural gas, and/or associated
minerals, chemicals, or solid and/or liquid wastes, under regulatory requirements
established by the Commission, and notification to the Fire Chief of any fire and/or
equipment strikes by lightning; and
e. Annual Report of Changes. Beginning December 31st after each Well is completed,
and continuing on December 31st each year thereafter until the Operator notifies
the Oil and Gas Inspector the Well has been abandoned and the site restored, the
Operator shall submit a written report to the Oil and Gas Inspector identifying any
changes to the information in the application for the applicable Permit that have not
been previously reported to the City.
I. Public hearing.
1. Public Hearing Required. The Council shall hold a public hearing on any application for a
Permit to drill an Urban Permit Oil or Gas Well or construct an Urban Oil or Gas
Operations Site.
2. Public Hearing Requirements. Written notice of such hearing shall be sent by the City
Engineer to the applicant and all other persons deemed by the City Engineer to be affected
and all owners of real property within one thousand (1,000) feet of the proposed Drill Site
or Urban Oil or Gas Operations Site. Such notice shall be given not less than two (2) weeks
before the date to all such property owners who have rendered their said property for City
taxes as the ownership appears on the last certified tax roll of the Brazos County Appraisal
District. Such notice may be served by depositing the same, properly addressed and postage
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paid, in the U.S. Post Office. Notice shall also be given, at Operator’s expense, by
publishing the same in a newspaper of general circulation in the City at least two (2) weeks
prior to the date, which notice shall state the time and place of such hearing. All notice
provisions contained herein shall be deemed sufficient upon substantial compliance with
this Section.
J. Criteria for granting or denying Permit.
1. Council Actions. The Council shall review the application and any other related
information and shall set the principal security instrument. Granting the Permit shall be
conditioned on applicant submitting the security instrument to the City within thirty (30)
days. The Council may require any change in the operations, plan, Air Quality Monitoring
Plan, design, layout, fencing, screening, lighting, or other matters reasonably required in
the interest of the public. The Council may accept, reject, waive or modify the
recommendations to secure compliance with this Ordinance, the City Code, or to protect
the health, safety, and welfare of the citizens of the City.
2. Criteria. The following additional criteria shall be addressed by the Council:
a. Reasonable. The operations proposed are reasonable under the circumstances and
conditions prevailing in the area;
b. Health, Safety, and Welfare. The operations proposed do not harm the health,
safety, and welfare of the public when and if conducted under the Permit conditions
to be imposed; and
c. Balancing Factors. The Oil or Gas Operations conducted in compliance with the
Permit are reasonable and justified and minimally affect adjacent property and the
general public, balancing the following factors:
(1) Mineral Rights. The right of the owner(s) of the mineral estate to explore,
develop, and produce the minerals;
(2) Alternate Drill Sites. The availability of alternate Drill Sites, both presently
and at other times during the lease term; and
(3) Timing. The date of acquisition by the owners of the surface and mineral
estates.
K. Spills and blowouts.
1. Clean up of spills.
a. Notice. After any leak, spill, or malfunction, the Operator shall immediately notify
the City Oil and Gas Inspector, City Engineer and Fire Chief, and shall remove or
cause to be removed, to the satisfaction of the City Engineer, Fire Chief, and
Consultant, all oil and waste materials from any public or private property affected
by such spill, leak, or malfunction; and
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b. Soil Contamination Assessment. The City Oil and Gas Inspector shall have the
discretion to require the Operator to perform a soil contamination assessment if a
leak, spill, or upset of fluids, or other materials occurs.
2. Blowouts.
a. Notice. If losing control of any Well occurs, Operator shall immediately try to
regain control of such activity regardless of any other provisions of this Ordinance
and shall notify the City Engineer as soon as practicable.
b. Control of Well. If and when the City Engineer certifies in writing to the City
Manager, that in his opinion the Operator is not taking or cannot regain control of
such Well, the City Engineer may 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 City Engineer deems necessary to regain control
of such Oil or Gas Operation.
c. Lien. The City shall then have a valid lien against the interest in the Well of all
working interest owners who have voluntarily joined in the Drilling of such Well
to secure payment of any expenditure made by the City under such action of the
City Engineer in gaining control of said Well.
L. Permit period and renewal.
1. Permit period.
a. A Permit shall be issued for one (1) year. At the end of such time, it shall be updated
(if Operator wishes to continue his Oil or Gas Operation) by filing a renewal
application. Operator must reapply during the Permit period for a renewal
application if a change of operations is proposed or takes place. Multiple Wells on
one Drill Site are encouraged.
2. Renewal.
a. Period. Operator will submit an application form for a renewal Permit no later than
thirty (30) days before the expiration of Operator’s Permit, and indicate in the
application what changes are requested at the Oil or Gas Operations Site. An
inspection and renewal fee as set by Council resolution shall be paid at the time of
reapplication. Operator recognizes the reclassification of a Permit from Rural to
Urban may occur due to adjacent development.
b. Application Requirements. Renewal applications shall include any of the following
items which have changed since the original Permit application, which shall be
current and updated, as applicable, to cover the renewal period:
1. Renewal Application fee as set by Council resolution;
2. Independent contract Inspector retainer fee;
3. Production Site Plan. Site plan of any proposed operational changes
showing the location of all improvements, modifications, and equipment.
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Ensure fencing complies, equipment is well-maintained and painted, and
site is clean under Ordinance requirements;
4. Transportation Route Plan. Map showing any changes to the previously
approved transportation route within the City including all streets and roads
for the passage of equipment, chemicals, production, including pipelines, or
waste products produced by the Oil or Gas Operation;
5. Water Sources. Description, location, and source of any new water sources
for all Oil or Gas Operations, and if proposed, a plan for recycling flowback
and produced water;
6. Water Analyses. Annual post-drilling water testing and analyses (if
applicable);
7. Hazardous Materials Management Plan. A copy of the hazardous materials
management plan and all material safety data sheets (MSDSs) for all
hazardous materials located, stored, transported, and/or temporarily used on
the Oil or Gas Operations Site shall be provided to the Fire Chief;
8. Emergency Response Plan. A copy of the Emergency Response Plan and
any other emergency or response plans shall be provided to the Fire Chief;
9. Emergency Contacts. Confirm and update the emergency contact
information on permanent weatherproof signs;
10. Air Quality Monitoring Plan. A copy of the Air Quality Monitoring Plan;
11. Surrounding Area Map. Location and description of all improvements and
structures (including water wells) within one thousand (1,000) feet of the
Drill Site or Oil or Gas Operations Site;
12. Security Instrument. Current security instrument comprising an irrevocable
letter of credit, indemnity bond, or certificate of deposit, as required by this
Ordinance and in an amount determined by the City Engineer or the
Council;
13. Mineral Lessee name(s) and address(es);
14. Operator/Applicant name and address;
15. Surface owner name(s) and address(es);
16. Name and address, including facsimile and electronic mail address of an
individual designated to receive notice;
17. Insurance. Evidence of current insurance information as required by this
Ordinance; and
18. Operator’s Certification of Application. Statement under oath signed by
Operator which items have not changed and that the information submitted
in the renewal application is true and correct.
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b. Inspection. Before the expiration of the Permit, the City Oil and Gas Inspector shall
inspect the Oil or Gas Operations Site to determine compliance with this Ordinance;
c. Process. If no change in operations is proposed or has taken place and inspection
reveals compliance with the ordinance in effect at the time of the original permit or
this Ordinance during the preceding Permit period, the City Engineer shall issue a
renewal Permit. Otherwise the renewal application shall be processed as an original
application;
d. Remedial Conditions. Upon application for a renewal Permit, the City Oil and Gas
Inspector may consider the deterioration of the quality of the material of which such
facility or structure is constructed, rust and its appearance, and recommend
repainting or other remedial steps to be taken as a condition of renewal; and
e. Notice of Changes. If any change or addition to the Permit information on the
application occurs, such change or addition during the period of the Permit shall be
communicated to the City Engineer within ten (10) days of such change or addition.
M. Permit suspension or revocation.
1. The City Engineer or the City Oil and Gas Inspector may suspend or revoke any Permit
issued under this Ordinance upon finding and notification to Operator if:
a. Permit Non-Compliance. Operator failed, neglected, or refused to perform and
comply with the conditions of the Permit;
b. Ordinance Non-Compliance. Operator failed, neglected, or refused to comply with
or abide by, or violated any provision of this Ordinance or any regulation, law, rule,
or order either directly or indirectly, by or in connection with or incidental to the
conduct of Operator’s Oil or Gas Operation;
c. Health, Safety, and Welfare. Any of the Operator’s operations or the continuance
thereof upon the premises covered by the Permit are polluting, unsafe, a menace or
hazard to public or private property, or to the lives or safety of persons;
d. Public Nuisance. Any of the Operator’s operations or the continuance thereof upon
the premises covered by the Permit constitute a public nuisance;
e. Misrepresentation. Operator made any willful misrepresentation of facts in any
application for any such Permit or in any report or record required by this Ordinance
to be submitted to the City;
f. Flaring. Operator burned or allowed to be burned, oil, gas, or other hydrocarbons
in the City by unapproved means;
g. Abandonment Marker. Operator failed to install a permanent above ground marker
identifying the location of each plugged and abandoned Well;
h. Non-Compliance with Laws. Operator failed to comply with all federal and state
laws and regulations or City Ordinances; and
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i. Stop Work Order. Nothing in this section shall prohibit the issuance of a stop work
order or other order by the Fire Chief or Police Chief when, in either Chief’s
professional opinion, there exists a risk of imminent destruction of property or
injury to persons. An Operator shall comply with such order and efforts shall be
undertaken by an Operator and such City official to bring such circumstances or
condition into compliance with this article or pertinent provisions of the
International Fire Code, as amended, and any other applicable local, state or federal
regulations establishing the issuance of such order.
2. Suspension or Revocation. No person shall carry on any operations performed under the
terms of any Permit during any period of Permit suspension or revocation, or pending a
judgment of the court upon any application for writ taken to review the decision or order
of the City in suspending or revoking such Permit; provided, however, nothing contained
shall be construed to prevent the performance of such operation in connection with a
diligent and bona fide effort to cure and remedy the default or violation for which the
suspension or revocation of the Permit was ordered, or such operation for the safety of
persons or as required by the Commission.
N. Abandonment.
1. Abandonment shall be approved by the City Engineer after restoration of the Drill Site and
the subsurface thereof, has been accomplished in conformity with the following
requirements:
a. Equipment Removed. The pump-jack, derrick, all tanks, towers, other surface
installations, and all appurtenant equipment is removed from the Drill Site or Oil
or Gas Operations Site;
b. Materials Removed. All concrete, piping, wood, and other foreign materials
regardless of depth, except properly severed and sealed surface casing at a depth of
not less than ten (10) feet sub-surface, is removed from the Drill Site or Oil or Gas
Operations Site;
c. Fill Holes. All holes and depressions are filled with clean compatible soil;
d. Waste Removed. All oil, waste oil, refuse, or waste material is removed from the
Drill Site or Oil or Gas Operations Site;
e. Abandonment Marker. A permanent above-ground marker or monument is
installed identifying the location of each plugged and abandoned Well; and
f. Abandonment Fee. Operator pays an abandonment fee in an amount set by Council
resolution.
2. Ordinance Compliance. During abandonment, Operator shall comply with all sections of
this Ordinance.
3. Building Prohibition. No structures or buildings shall ever be built or constructed over an
abandoned Well bore.
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O. Appeal.
1. Besides the hearing provided for by this Ordinance, any person who has a Drilling, Re-
entry, Re-Fracking, activating, converting, or renewal Permit refused or revoked may,
within thirty (30) days, file a written appeal to the City Council under the following
procedure:
a. Council Authority. The 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 revocation or denial of any Permits issued or determination of any idle Well, as
provided by this Ordinance;
b. Submittal in Writing. An appeal shall be in writing and shall be filed with the City
Engineer. The grounds for appeal must be set forth specifically and the error
described by the appellant;
c. Process. Upon receipt of the appeal, the City Engineer shall place the matter on the
Council agenda for hearing and give notice by mail of the time, place, and purpose
thereof to appellant, and any other party who requested notice in writing. Within
fifteen (15) days after filing the appeal, the City Engineer shall transmit to the
Council all documents involved in the proceedings. The City Engineer shall make
and transmit to the Council such supplementary reports as the City Engineer may
deem necessary to present the facts and circumstances. Copies shall be mailed to
the appellant at least ten (10) days prior to the hearing; and
d. Council Action. The Council shall hear the appeal on the hearing date unless, for
cause, Council shall continue the matter. No notice of continuance need be given if
the order therefor is announced at the time for which the hearing was set. The
decision of the Council shall be final and may only be reviewed on the abuse of
discretion standard.
P. Acquisition and transfer of existing operations.
1. Acquisition. Every person who acquires any Well, property or site upon which operations
which are subject to this Ordinance, whether by purchase, transfer, assignment,
conveyance, exchange or otherwise, shall within ten (10) days after acquiring such Well,
property or site, notify the City Engineer in writing of such acquisition. The notice shall
contain:
a. Operator Acquiring. The name and address of the person acquiring such Well,
property or site involving an Oil or Gas Operation;
b. Well Name. The name and location of the Oil or Gas Operation;
c. Acquisition Date. The date of acquisition;
d. Equipment. A description of the properties and equipment acquired, and the Oil or
Gas Operation; and
e. Notice. The name and address, including facsimile and electronic mail address of
an individual designated to receive notice.
Page 40
2. Transfer. The Operator of every Well shall notify the City Engineer in writing of the
transfer to another Operator of such Well for any purpose. The notification shall be within
ten (10) days after such transfer by sale, assignment, transfer, conveyance or exchange and
shall contain:
a. Operator Selling. The name and address of the person to whom such Oil or Gas
Operation was sold, assigned, or transferred;
b. Relinquished Date. The date when possession was relinquished by the former
Operator;
c. Operator Acquiring. The name and address of the person acquiring such Well,
property or site involving an Oil or Gas Operation;
d. Well Name. The name and location of the Oil or Gas Operation;
e. Acquisition Date. The date of acquisition;
f. Equipment. A description of the properties and equipment acquired, and the Oil or
Gas Operations; and
g. Notice. The name, address, phone number, and e-mail address of any individual
designated to receive service of notice in compliance with the notice provision
requirements.
Q. Designation of existing operations.
1. A person shall have thirty (30) days after enactment of this Ordinance to designate an Oil
or Gas Operation by survey description and plat if an application was made and granted
under a prior Ordinance.
R. Violations
1. It shall be unlawful and an offense for any person to:
a. Permit Non-Compliance. Engage in any activity not permitted by the terms of a
Permit issued under this Ordinance;
b. Ordinance Non-Compliance. Fail to comply with any condition in a Permit issued
under this Ordinance; or
c. Ordinance Violation. Violate any provision or requirement under this Ordinance.
2. Penalty. Any violation of this Ordinance shall be punishable by a fine under the general
penalty set out in Chapter 1, Section 1-5, of this Code of Ordinances, subject to State law.
Page 41
EXHIBIT “B”
That Chapter 14, “SERVICE FEES”, Section 14-6 “DEVELOPMENT SERVICES”, Subsection A. “OIL
AND GAS DEVELOPMENT APPLICATION FEES” of the Code of Ordinances of the City of College
Station, Texas, hereby is amended by adding the following:
(1) Application fee.
(2) Annual Permit Renewal fee.
(3) Abandonment fee.
(4) Consultant fee.
(5) Contract Inspector fee.
(6) Road Maintenance Agreement fee.
(7) Seismic Survey Permit fee.
Road Maintenance Agreement Page 1
ROAD MAINTENANCE AGREEMENT
This Road Maintenance Agreement (“Agreement”), is made and entered this ______
day of ___________________, 2015, by and between the City of College Station, Texas
(“City”), a Texas home rule municipality, and ___________________________ (“Operator”)
for the repair of certain streets and/or roadways maintained in whole or in part by the
City as more fully described herein.
WHEREAS, the City had adopted regulations and permitting requirements to
reasonably govern oil and gas wells, oil and gas exploration, and oil and gas operations within
the jurisdiction of the City; and
WHEREAS, Operator drills, operates, and maintains oil and gas wells
_____________________________ (“Well(s)”) and, in connection therewith, shall transport
or caused to be transported, water, fluids, solids, oil, gas and other related hydrocarbons, and
oil and gas well drilling and production equipment on approved truck routes and roadways
maintained in whole or in part by the City identified on Operator’s Permit application
submitted to the City under Chapter 4 BUSINESS REGULATIONS, Sec. 4-13, Oil and Gas
Regulations, of the City’s Code of Ordinances; and
WHEREAS, the nature of heavy (twenty-four thousand pounds (24,000 LBS.) and
greater) vehicular traffic during oil and gas well development (drilling), post-drilling well
stimulation (hydraulic fracturing or frac’ing), operations, production, and maintenance
activities will exceed the normal and anticipated use of the public roadways within the City’s
corporate limits; and
WHEREAS, many of the City’s public roadways are not designed to support heavy
vehicle loadings and are highly susceptible to increased de terioration rates due to heavy
vehicular traffic associated with oil and gas well drilling and production activities; and
WHEREAS, the condition of a road segment decreases in quality with heavy vehicular
traffic, and heavy equipment loads produce greater amounts of road damage, which increases
overall maintenance oversight, repair, and replacement costs to the roadways, for Operator’s
oil and gas well drilling and production activities; and
WHEREAS, the City and Operator, for the mutual consideration, desire to enter into
an Agreement for Operator to pay to the City a designated fee for the City to temporarily or
permanently repair roadways for the duration of the term of this Agreement in consideration
of Operator’s use of the roadways for the activities described hereinabove.
ARTICLE 1.
REPAIR OBLIGATION
Operator agrees to pay to the City a designated road maintenance fee (“fee”), as
identified and enumerated in Article 3 of this Agreement, for the sole purpose of repairing
Road Maintenance Agreement Page 2
damage, excluding ordinary wear and tear, to truck routes as identified on an approved Truck
Route Map, Exhibit attached hereto and hereby incorporated by reference, caused by or
related to, motor vehicle operations by Operator, its contractors, subcontractors, employees,
agents, or representatives in connection with activities authorized by the oil, gas, or combined
well permit issued by the City. This obligation to pay all required fees shall continue during
the term of this Agreement.
Under this Agreement, the City, after receiving all fees from Operator, and issuance of
an oil and gas permit, shall take full responsibility for the repair to damaged roadways when,
in the City’s determination, such damage is caused by motor vehicle activities of the Operator,
only on the approved Truck Route, due to normal and anticipated operations related to the
development, production, and maintenance of oil and gas wells, including all associated
activities.
During the term of this Agreement, Operator shall periodically inspect the roadways
during drilling or hydraulic fracturing stimulation of the oil and gas well to determine whether
any damage has occurred because of Operator’s activities. Upon discovery of damage by the
Operator, the Operator will contact the City Oil and Gas Inspector in writing within forty-
eight (48) hours regarding the nature and extent to any identified damage that has occurred
because of Operator’s activities and operations.
Any other related work requiring interruption of motor vehicle traffic shall require
prior submittal and approval by the City Engineer of a Traffic Control Plan under the Texas
Manual on Uniform Traffic Control Devices, as amended.
ARTICLE 2.
TERM OF AGREEMENT
This Agreement shall commence upon the date stated above and shall continue in full
force and effect until Operator’s oil and gas well permit issued by the City has expired, has
been terminated, or until the Operator has permanently discontinued the activities upon the
roadways, as described hereinabove, whichever is later. Operator’s obligation to repair the
roadways shall terminate under the expiration or termination of the oil, gas, or combined well
permit issued by the City or if the Operator has appropriately abandoned the well(s) under the
Oil and Gas Regulations of the City’s Code of Ordinances, as amended.
ARTICLE 3.
ROAD MAINTENANCE FEE
The Road Maintenance Fee shall be calculated by the City using the Equivalent Single
Axle Load (ESALs) method to compare pavement load life for the pavement type against the
Operator’s heavy truck loads. This comparison yields a percentage of the pavement life
consumed by the heavy trucks. This direct percentage of impact is the basis of the Road
Maintenance Fee. The percentage is further reduced by fifty percent (50%) to acknowledge
and recognize local taxes collected from the oil and gas production.
Road Maintenance Agreement Page 3
All road segments identified on the Truck Route Map, Exhibit, attached hereto and
incorporated by reference, shall be used in calculating the total required Road Maintenance
Fee.
Replacement costs for road segments pavement sections shall be determined from
current fair market value of road surface material, including installation and labor based on
local pavement standards from Bryan/College Station Unified Design Standards (B/CS
United) and Brazos County Subdivision and Development Regulations (Brazos County) as
below:
B/CS - 8” Concrete $_____/Square Foot
B/CS - 2” HMAC (Asphalt) $_____/Square Foot
County - 1.5” HMAC (Asphalt) $_____/Square Foot
______________________________ $_____/Square Foot
The City shall provide as an attachment to this Agreement, a copy of all calculations
directly related to the pavement life consumed by the Operator’s heavy trucks and the
projected replacement cost, which attachment is incorporated by this reference.
The City’s investigation and determination of all aspects of the above referenced
methodologies constitute accepted practices of road replacement, repair, and maintenance
professionals undertaking similar project evaluations and in the same geographical area. The
City observes the same care and skill exercised by professionals under similar circumstances
and conditions.
The following fee structure shall apply to each road segment pavement sections to
determine the projected replacement cost due to motor vehicle operations and activities related
to the oil and/or natural gas exploration, development, production, and abandonment . The
following final percentages include the fifty percent (50%) Road Maintenance Fee reduction
that acknowledges and recognizes local taxes collected from the oil and gas production.
B/CS - 8” Concrete _____%
B/CS - 2” HMAC (Asphalt) _____%
County - 1.5” HMAC (Asphalt) _____%
______________________________ _____%
For multiple wells being permitted for a single site within twelve (12) months, the
combined fee should not exceed 90% of total replacement cost.
The City encourages the use of recycled water to reduce waste and the burden the
transportation of water within the City bears on the roads of the City. In the event the Operator
elects to use recycled water in its Oil or Gas Operations, the City will reduce, credit or refund
a portion of the Road Maintenance Fee based on the mutually agreed calculated reduction in
road traffic conducted by or for the Operator for Operator’s Oil or Gas Operations.
Road Maintenance Agreement Page 4
Operator has opted to provide a Recycling Frac’ Water Plan to the City. The City has
approved the Recycling Frac’ Water Plan and the associated reduced heavy truck trips on the
approved truck route. The percentage of the estimated heavy truck trip reduction from
recycling shall be the percentage of Road Maintenance Fee reduction amount.
If the City determines the Operator did not fully implement the Recycling Frac’ Water
Plan and/or reduce the heavy truck trips as estimated, the City may assess the Operator for the
previously granted fee reduction amount and any increases in the number of heavy truck trips
that exceed the original trip estimates proved by Operator w hen the Road Maintenance Fee
was calculated.
Each separate segment of the road route shall be individually assessed, calculated and
added together to provide for the total Road Maintenance Fee. The final percentages apply to
the replacement cost of the pavement section for one (1) lane each direction for the length of
the Truck Route to determine the Road Maintenance Fee. If there are more than one pavement
section types in the Truck Route, each segment shall be calculated and summed to determine
the total Road Maintenance Fee.
The Road Maintenance Fee, stated and in compliance with all methodologies
hereinabove enumerated, shall be $_______________.
The Road Maintenance Fee will be paid in full during an oil and gas well permit
application submittal to the City Engineer. The permit application shall be considered
administratively incomplete until this Agreement is executed, Road Maintenance Fee
payment received, and both are on file with the City Engineer.
ARTICLE 4.
MISCELLANEOUS PROVISIONS
Operator, its employees, servants, agents, and representatives shall at no time
represent themselves to be employees, servants, agents, and/or representatives of the City.
Operator shall furnish all equipment and materials to perform and shall act as an independent
contractor.
By entering into this Agreement, the City does not waive, nor shall it be deemed to
waive, any immunity or defense that would otherwise be available to it against claims arising
by third parties.
Operator agrees that the Road Maintenance Fee provided is not a penalty, exaction or
impact fee under Chapter 395 of the Texas Local Government Code, and expressly agrees this
Road Maintenance Fee is not a charge or assessment imposed by a political sub division
against new development to generate revenue for funding or recouping the costs of capital
improvements or facility expansions necessitated by and attributable to new development.
Further, Operator agrees that the Road Maintenance Fee provided will not be credited to any
subsequent roadway impact fees if the property is subdivided or developed.
Road Maintenance Agreement Page 5
ARTICLE 5.
FORCE MAJEURE
The performance of this Agreement shall be subject to events of force majeure. Events
of force majeure shall mean any contingency or cause beyond the reasonable control of a party
including acts of God or the public enemy, war, riot, civil commotion, insurrection,
government or de facto government action (unless caused by acts or omissions of the party),
fires, explosions, rain or other weather delays, floods, strikes, slowdowns or work stoppages,
but shall not include financial hardship.
ARTICLE 6.
ASSIGNABILITY/CONSENT
Except as otherwise provided, or except as determined by the parties, no party to this
Agreement may sell, assign, or transfer its interest in this Agreement, or any of its right, duties,
or obligations, without the prior written consent of the other party. Whenever the consent or
approving a party is required, such party shall not unreasonably withhold, delay, or deny such
consent or approval. Notwithstanding the foregoing, the Operator may assign this Agreement
if the oil, gas, or combined well permit issued by the City has been assigned under the Oil and
Gas Regulations of the City.
ARTICLE 7.
NOTICE
Any notice given by one party to the other for this Agreement shall be in writing and
shall be by personal delivery or sent by certified mail, facsimile or electronic mail; or by U.S.
Mail, return receipt requested, postage prepaid; to:
CITY:
City Engineer
City of College Station
1101 Texas Avenue
College Station, TX 77840
Facsimile: ___________
Email: ______________
OPERATOR
_________________________
_________________________
_________________________
_________________________
Facsimile: ________________
Email: ___________________
Notice shall be deemed to have been received on the date of receipt on the return
receipt or other written evidence of receipt.
ARTICLE 8.
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation
Road Maintenance Agreement Page 6
contained shall be valid unless in writing and duly executed by the party to be charged
therewith. No evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties, unless such waiver or modification is in writing and duly
executed. The parties further agree this Article will not be waived unless as set forth.
ARTICLE 9.
SAVINGS/SEVERABILITY
In the event that any one or more of the provisions in this Agreement shall be held by
a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity,
illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in
this Agreement.
ARTICLE 10.
GOVERNING LAW AND VENUE
This Agreement shall be construed under and governed by, and of the State of Texas,
and all obligations of the parties hereto, created by this Agreement are to be performed in
Brazos County, Texas. Venue of any suit or cause of action under this Agreement shall lie
exclusively in Brazos County, Texas.
ARTICLE 11.
ENTIRE AGREEMENT
This Agreement and the exhibits attached thereto, constitute the entire agreement
among the parties hereto, and supersede any prior understandings or written or oral
agreements between the parties regarding the matter of this Agreement. No amendment,
modification, cancellation or alteration of this Agreement shall bind on any party hereto unless
the same is in writing, dated subsequent to the date, and is duly authorized and executed by
the parties hereto.
ARTICLE 12.
WAIVER OF TERMS AND CONDITIONS
The failure of the City to enforce or insist upon compliance with any of the terms or
conditions of this Agreement shall not constitute a general waiver or relinquishment of any
such terms or conditions, but the same shall be and remain in full force and effect.
ARTICLE 13.
CAPTIONS
The captions in this Agreement are for informational purposes only and shall not affect
the substantive terms or conditions of this Agreement.
Road Maintenance Agreement Page 7
ARTICLE 14.
COUNTERPARTS
This Agreement may be executed in many counterparts, each of which shall be deemed
an original, and constitute the same instrument.
IN WITNESS WHEREOF, the parties affix their signatures and enter this Agreement
as of the date hereinabove set forth.
____________________________________ CITY OF COLLEGE STATION
By: By:
Printed Name: Mayor
Title: Date:________________
Date:
ATTEST:
City Secretary
Date:_____________
APPROVED:
City Manager
Date:_____________
City Attorney
Date:_____________
Assistant City Manager/CFO
Date:_____________
Add Acknowledgements
Add Exhibits
Road Maintanance Fee - One Mile Truck Route Example
Cumulative Total Cost of Total Fee/Mile
Cumulative ESAL Impact w/Pavement one mile of w/ 50% Fee Reduction
Pavement ESAL Impact 50% Fee Reduction Replacement Cost 2 - 13 ft Lanes (No Recyc Fee Reduction)
Type (%)(%)($/sf)($)($)
B/CS - 8” Concrete 1.5 0.75 10 $1,372,800 $10,296
B/CS - 2” HMAC (Asphalt)10.7 5.35 8 $1,098,240 $58,756
County - 1.5” HMAC (Asphalt)19 9.5 6 $823,680 $78,250
Assumptions:
(The following assumptions are example values, current and specific values for each well will be used to calculate the fee.)
1) 300 Drilling Trucks (FHWA Truck Class 9)
2) 700 Frack Trucks (FHWA Truck Class 9)
3) 100 Production Trucks/Year for 20 Years = 2,000 Production Trucks (FHWA Truck Class 8)
4) Typical Local Pavement Sections for Collectors are depicted, other pavements to be determined
5) Reconstruction Cost of One mile of 13 ft wide lane of pavement, each direction, for the approved Truck Route on City Streets
6) A 50% Fee Reduction acknowledges local taxes are collected from oil and gas production
7) If a Recycling Frac Water Plan is approved and implemented, additional Fee Reduction directly proportional to truck reduction applies
Acceptance, Indemnity and Financial Assurance Agreement Page 1 of 3
ACCEPTANCE, INDEMNITY AND FINANCIAL ASSURANCE AGREEMENT
THIS ACCEPTANCE, INDEMNITY AND FINANCIAL ASSURANCE
AGREEMENT is dated as of _______________________, among _______________________
a ____________________corporation (the “Operator”), and The City of College Station, Texas
(the “City.
Reference is made to (a) the Permit dated as of _______________________ (as
amended, supplemented or otherwise modified from time to time, the “Permit”), among the
Operator and the City, and (b) the Business Regulations of the City Sec. 4-13. Oil and gas
regulations (as amended, supplemented or otherwise modified from time to time, the “Oil and Gas
Regulations”). Capitalized terms used and not defined shall have the meanings assigned to such
terms in the Oil and Gas Regulations.
The City has agreed to permit Operator under, and upon the terms and subject to the
conditions specified in the Oil and Gas Regulations and this Agreement to substitute this
Agreement in lieu of certain requirements for Security Bonds, Letters of Credit, Cash, Certificates
of Deposit and Insurance to secure and ensure performance of Operator under the Oil and Gas
Regulations. The obligations of the City to permit this are conditioned on the execution, delivery
and performance by Operator of the Permit and this Agreement.
The Operator and the City agree:
SECTION 1. Indemnity and Subrogation and Payment. Besides all such rights of
indemnity and subrogation as the City may have under the Oil and Gas Regulations, the Permit
and applicable law (but subject to Section 3), the Operator agrees that if a written demand for
payment shall be made by the City under the Oil and Gas Regulations, the Operator will within
forty eight (48) hours pay the City cash for the demand. The right of the City to make written
demand for payment shall be a recurring right if this Agreement is in effect. If Operator does not
make the payment demanded by the City, then the Oil and Gas Regulations relative to Security
Bonds, Letters of Credit, Cash or Certificates of Deposit and Insurance shall immediately apply
and Operator shall be in violation of the Oil and Gas Regulations and subject to all remedies
contained in them.
SECTION 2. Contribution and Subrogation. Operator agrees that if a payment shall be
made by any other Person under this Agreement and such other Person (the “Claiming Person”)
shall not have been full y indemnified by the Operator as provided in Section 1, the Operator shall
indemnify the Claiming Person in an amount equal to such payment. Any Claiming Person paying
the City under this Section 2 shall be subrogated to the rights of Operator under Section 1 for such
payment.
SECTION 3. Subordination. Notwithstanding any provision to the contrary, all rights of
the Operator and all other rights of indemnity, contribution or subrogation or otherwise shall be
fully subordinated to the indefeasible payment in full in cash of the payment made to the City. No
failure by the Operator to make the payments required under this Agreement, applicable law or
otherwise shall limit the obligations and liabilities of the Operator regarding its obligations, and
each Operator shall remain liable for the full obligations of such Operator.
Acceptance, Indemnity and Financial Assurance Agreement Page 2 of 3
SECTION 4. Termination. This Agreement shall survive and be in full force and effect
if any Permit is outstanding and the City has not been indefeasibly paid in full in cash, and so long
as any of the Oil and Gas Regulations relating to Security and Insurance have not been modified
or terminated, and shall continue to be effective or be reinstated if payment is made to the City
under this Agreement or the Permit is rescinded or must otherwise be restored by Operator upon
the bankruptcy or reorganization of the Operator or otherwise.
SECTION 5. Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY,
AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS.
SECTION 6. No Waiver; Amendment.
(a) No failure on the part of the City to exercise, and no delay in exercising, any right,
power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise
of any such right, power or remedy by the City preclude any other or further exercise thereof or
the exercise of any other right, power or remedy. All remedies are cumulative and are not exclusive
of any other remedies provided by law. The City shall not be deemed to have waived any rights
unless such waiver shall be in writing and signed by the City.
(b) Neither this Agreement nor any provision hereof may be waived, amended or
modified except pursuant to a written agreement entered into between the Operator and the City.
SECTION 7. Notices. All communications and notices shall be in writing and given as
provided in the Permit and addressed as specified.
SECTION 8. Binding Agreement; Assignments. Whenever in this Agreement any of the
parties hereto is referred to, such reference shall be deemed to include the successors and assigns
of such party; and all covenants, promises and agreements by or on behalf of the parties in this
Agreement shall bind and inure to the benefit of their respective successors and assigns. The
Operator may not assign or transfer any of its rights or obligations (and any such attempted
assignment or transfer shall be void) without the prior written consent of the City.
SECTION 9. Survival of Agreement; Severability.
(a) All covenants and agreements made by the Operator herein and in the Permit or Oil
and Gas Regulations prepared or delivered in connection with this Agreement or the Oil and Gas
Regulations shall be considered to have been relied upon by the City and shall survive the making
of this Agreement, and shall continue in full force and effect as long as the Operator under the
Permit, Oil and Gas Regulations or this Agreement is outstanding and unpaid.
(b) In case one or more of the provisions contained in this Agreement should be held
invalid, illegal or unenforceable in any respect, no party hereto shall be required to comply with
such provision for so long as such provision is held to be invalid, illegal or unenforceable, but the
validity, legality and enforceability of the remaining provisions contained herein shall not in any
way be affected or impaired thereby. The parties shall endeavor in good-faith negotiations to
replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect
of which comes close to that of the invalid, illegal or unenforceable provisions, or replace this
Agreement with the requisite Security Instruments and Insurance provided for in the Oil and Gas
Regulations.
Acceptance, Indemnity and Financial Assurance Agreement Page 3 of 3
SECTION 10. Counterparts. This Agreement may be executed in counterparts (and by
different parties hereto on different counterparts) each of which shall constitute an original, but all
of which when taken together shall constitute a single contract. This Agreement shall be effective
as of the date hereinabove. Delivery of an executed signature page to this Agreement by facsimile
transmission or other electronic means shall be as effective as delivery of a manually signed
counterpart of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers as of the date first appearing above.
CITY OF COLLEGE STATION, TEXAS
By: _____________________________
, MAYOR
ATTEST:
, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
, CITY ATTORNEY
OPERATOR
____________________________
By: __________________________
, President
Add Acknowledgements
Add Exhibits (copy of Permit)
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, AMENDING RESOLUTION NO. 08-27-09-02 ADOPTED ON AUGUST 27, 2009,
SETTING AND AMENDING FEES ESTABLISHED IN CHAPTER 14 “SERVICE FEES”.
WHEREAS, on August 27, 2009, the City Council adopted by Resolution No. 08-27-09-02,
which contained a fee schedule establishing fees to be paid for services related to development in
the City effective October 1, 2010; and
WHEREAS, the City Council of the City of College Station, Texas, desires to amend Resolution
No. 08-27-09-02, to set fees established in Chapter 14 “Service Fees”, as provided in Exhibit “A”
herein; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby amends Resolution No. 08-27-09-02, and its
subsequent amendments, to set those fees established in Chapter 14 “Service
Fees”.
PART 2: That the additional fees described above are as set out in Exhibit “A” herein.
PART 3: That said additional fees provided for in Exhibit “A” shall take effect on February
1, 2015.
ADOPTED this 22nd day of January, A.D. 2015.
ATTEST: APPROVED:
______________________________ _________________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
RESOLUTION NO. ________ Page 2
Exhibit “A”
Type of Project Fees Effective
February 1, 2015
Administrative Adjustment $93
Alternative Parking Plan $93
Banner Permit Fee $200
Comprehensive Plan Amendment $1,165
Conditional Use Permit $1,165
Design Review Board $350
Development Permit/Public Infrastructure
Review and Inspection Fee
One percent (1%) of infrastructure
cost ($600 minimum)
Development Plat $932
Final Plat $932
Final plat (minor or amending) $700
License to Encroach $757
MUD – Petition to Create District $30,000
MUD – Petition to Acquire/Annex Land $30,000
MUD – Infrastructure Plan Review &
Inspection (Including in ETJ)
One percent (1%) of infrastructure
cost ($600 minimum)
Non-Residential Architectural (NRA) Review* $350
Oil & Gas – Application $6,000
Oil & Gas – Annual Permit Renewal $2,000
Oil & Gas – Abandonment $2,000
Oil & Gas – Consultant Contracted Cost
Oil & Gas – Contract Inspector Contracted Cost
Oil & Gas – Road Maintenance Agreement As Calculated
Oil & Gas – Seismic Survey Permit $5,000
PDD Amendment - Staff Review Only $175
PDD Amendment - P&Z/Council Review $315
PIP Permit $350
RESOLUTION NO. ________ Page 3
*Excludes existing projects involving painting only
Portable Storage Container Permit Fee $40
Preliminary Plat $932
Rezoning $1,165
ROW/Easement Abandonment $700
Sign Permit except for banner sign $72 permit fee + $58 review fee
Site Plan $932
Variance – Subdivision Regulations $233
Written Interpretation $105
Zoning Board of Adjustment $350
Zoning Letter $93
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0004 Name:Ordinance Establishing Annexation Public Hearing
Dates and Authorizing Preparation of Annexation
Service Plan
Status:Type:Ordinance Agenda Ready
File created:In control:1/5/2015 City Council Regular
On agenda:Final action:1/22/2015
Title:Presentation, possible action, and discussion regarding an ordinance directing staff to prepare a
service plan and setting out public hearing dates and times for the annexation of approximately 200
acres on the southwest side of the City, generally bordered by FM 2154, Royder Road, and Greens
Prairie Trail.
Sponsors:Lance Simms
Indexes:
Code sections:
Attachments:Ordinance.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding an ordinance directing staff to prepare a
service plan and setting out public hearing dates and times for the annexation of approximately 200
acres on the southwest side of the City, generally bordered by FM 2154, Royder Road, and Greens
Prairie Trail.
Relationship to Strategic Goals:
·Good Governance
·Financially Sustainable City
·Core Services and Infrastructure
·Neighborhood Integrity
·Diverse Growing Economy
·Improving Mobility
Recommendation(s):
Staff recommends approval of the ordinance.
Summary:
As required by Chapter 43 of the Texas Local Government Code, this ordinance directs Staff to
prepare a service plan for an area identified for annexation. The service plan will contain the details
related to the provision of specific municipal services to the property upon annexation. The service
plan must be complete and available for public inspection prior to the annexation public hearings.
The ordinance also establishes the date, time, and location for the two required annexation public
hearings as follows:
·Tuesday (10 March 2015) at 7:00 p.m. at Greens Prairie Elementary School, and
College Station, TX Printed on 1/17/2015Page 1 of 2
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File #:15-0004,Version:1
·Thursday (12 March 2015) at 7:00 p.m. in the City Hall Council Chambers
Budget & Financial Summary: N/A
Attachments:
1. Ordinance (Exhibit A to the ordinance will be available at the meeting)
College Station, TX Printed on 1/17/2015Page 2 of 2
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ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, DIRECTING THE
PREPARATION OF A SERVICE PLAN AND SETTING DATES AND TIME AND PLACE FOR
PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That the City Council hereby directs its Planning & Development Services Department
and other appropriate departments to prepare a service plan providing for the extension of
municipal services to the area proposed for annexation.
PART 2: That the City Council hereby calls and sets public hearings by and before the City
Council of the City of College Station, Texas on Tuesday, March 10th, 2015 at 7:00 p.m.
at Greens Prairie Elementary School located at 4315 Greens Prairie Trail, College station,
Texas and Thursday, March 12th, 2015 at 7:00 p.m. in the Council Chambers of City Hall
located at 1101 Texas Avenue, College Station, Texas. The public hearings will give all
interested persons the right to appear and be heard on the proposed annexation by the
City of College Station, Texas.
PART 3: That the area proposed for annexation is described in Exhibit “A” and shown graphically
in Exhibit “B”, attached hereto and made a part of this ordinance for all purposes.
PART 4: That this ordinance shall become effective immediately upon passage by the City
Council.
PASSED, ADOPTED and APPROVED this 22nd day of January, 2015.
APPROVED:
_____________________________________
Mayor
ATTEST:
____________________________
City Secretary
APPROVED:
____________________________
City Attorney
ORDINANCE NO.__________________ Page 2
Exhibit A
(place property description here)
ORDINANCE NO.__________________ Page 3
Exhibit B
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0023 Name:ZBA chair
Status:Type:Appointment Agenda Ready
File created:In control:1/12/2015 City Council Regular
On agenda:Final action:1/22/2015
Title:Presentation, possible action, and discussion regarding the appointment of Chair to the Zoning Board
of Adjustments.
Sponsors:Sherry Mashburn
Indexes:
Code sections:
Attachments:ZBA.pdf
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding the appointment of Chair to the Zoning Board
of Adjustments.
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): None
Summary: Council appointed memebers to the Zoning Board of Adjustments at the January 8, 2015
meeting. Unfortunately, a chair was not appointed at the time. The updated directory of the
committee is attached, and a chair should be selected from that directory.
Budget & Financial Summary: None
Attachments:
College Station, TX Printed on 1/17/2015Page 1 of 1
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ZONING BOARD OF ADJUSTMENTS
2014-2015
STAFF LIAISON: JASON SCHUBERT│764-3697│LSIMMS@CSTX.GOV
NAME
TERM
ADDRESS
CONTACT INFO
BURNS, Johnny
January 2014 thru
January 2016
4417 Amberley Place
College Station, TX
77845
979-436-3087
jburns@lamar.com
CANNADAY, Rory
January 2015 thru
January 2016
unexpired
903 Munson
College Station, TX
77845
903-422-9727
rorycannaday@gmail.com
HARVELL, Linda
Alternate
January 2015 thru
January 2017
504 Guernsey
College Station, TX
77840
979-703-5305
fortli@aol.com
HIGGINSON, G. David
Alternate
January 2015 thru
January 2017
8105 Bunker Hill Ct
College Station, TX
77845
979-361-4300
dhigginson@juno.com
FOGARTY, Patrick
Alternate
January 2014 thru
January 2016
4203 Cedar Creek
Court
College Station, TX
77845
512-426-8186
Partrick.fogarty@westwebblaw.com
MATTHEWS, Ceci
January 2015 thru
January 2017
1109 Petersburg Ct
College Station, TX
77845
936-239-0219
cecimntx@gmail.com
OHENDALSKI, David
January 2014 thru
January 2016
205 Fireside Circle
College Station, TX
77840
979-217-1784
davido@santinos.com
ONEILL, John
Alternate
January 2014 thru
January 2016
15716 Buffalo Creek
Loop
College Station, TX
77845
979-690-2804
johnoneill2003@hotmail.com
SIMPSON, Scott
July 2012 thru
January 2015
716 Brussels Drive
College Station, TX
77845
979-777-2122
hssimpson@verizon.net