HomeMy WebLinkAboutJanuary 08, 2013 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
January 8, 2013
After determining that a quonim is present, the City Council of the City of Denton, Texas will
convene in a Special Called Worlc Session on Tuesday, January 8, 2013 at 4:30 p.m. in the
Council Worlc Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
WORK SESSION
Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to spealc on Consent Agenda Items only. Each
spealcer will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for January 8, 2013.
Receive a report, hold a discussion, and give staff direction regarding the Neighborhood
Empowerment Program.
4. Receive a report, hold a discussion, and give staff direction on amending Subchapter 22
of the Denton Development Code, relating to Phase II of the Gas Well Drilling and
Production Ordinance, Definitions, and Procedures. (DCA12-0005)
Following the completion of the Special Called Work Session, the City Council will convene in a
Special Called Closed Meeting to consider specific items when these items are listed below
under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn
into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of
the Texas Government Code, as amended, or as otherwise allowed by law.
CLOSED MEETING
Closed Meeting:
A. Consultation with Attorneys —Under Texas Government Code Section 551.071;
and Deliberations regarding Real Property — Under Texas Government Code,
Section 551.072.
Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the AN.B. Tomplcins Survey, Abstract Number 1246,
Denton County, Texas (located generally in the 2100 blocic of South
Bonnie Brae Street), within the City of Denton, Texas. Consultation with
the City's attorney's regarding legal issues associated with the acquisition
or condemnation of tracts referenced above where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the City of Denton and Denton City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceedings or
potential litigation.
City of Denton City Council Agenda
January 8, 2013
Page 2
2. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the M.E.P. & P.R.R. Co. Survey, Abstract Number
927, Denton County, Texas (located generally in the 1100 blocic of South
Mayhill Road) within the City of Denton, Texas. Consultation with the
City's attorney's regarding legal issues associated with the acquisition or
condemnation of tracts referenced above where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the City of Denton and Denton City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any administrative proceedings or
potential litigation.
B. Consultation with Attorneys — Under Texas Government Code Section 551.071.
1. Consult with and provide direction to City's attorneys regarding legal
issues and strategies associated with Phase I and proposed Phase II Gas
Well Ordinance regulation of gas well drilling and production within the
City Limits and the e�traterritorial jurisdiction, including Constitutional
linutations, statutory limitations upon municipal regulatory authority,
moratorium on drilling and production and claims associated therewith,
statutory preemption and/or impacts of federal and state law and
regulations as it concerns municipal regulatory authority and matters
relating to enforcement of the ordinance.
2. Consult with City's attorneys regarding legal issues and strategies related
to the adoption of proposed ordinances regulating Credit Services
Organizations and Credit Access Business, where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or
would jeopardize the City's legal position in any potential litigation.
ANY F1NAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A
CLOSED MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD 1N
COMPLIANCE WITH TEXAS GOVERNIVIENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH F1NAL ACTION, DECISION, OR VOTE IS TAKEN 1N THE CLOSED
MEETING 1N ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS
GOVERNIVIENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOLJRN 1NT0 A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SE .(THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, 1N ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
City of Denton City Council Agenda
January 8, 2013
Page 3
Special Called Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U. S. Flag
B. Texas Flag
"Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and
indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
3. CITIZEN REPORTS
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received bacicground information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A— D). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A— D below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the City Manager to execute an Interlocal Cooperation Agreement
between the City of Denton and Denton County for Fire Protection Services; and
declaring an effective date.
B. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the City Manager to execute an Interlocal Cooperation Agreement
between the City of Denton and Denton County for Ambulance Services; and
declaring an effective date.
C. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager or his designee to enter into an Interlocal Agreement with Denton
County, to provide for participation in the Scofflaw program; providing a savings
clause and providing an effective date.
City of Denton City Council Agenda
January 8, 2013
Page 4
D. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager or his designee to enter into an Interlocal Agreement with the Texas
Department of Motor Vehicles (TxDMV), to provide for participation in the
Scofflaw program; providing a savings clause and providing an effective date.
5. CITIZEN REPORTS
6. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upconung
meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be talcen, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a renunder about an upconung event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 2013 at o'clocic
(a.m.) �P.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMM[_JNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-
TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN BE SCHEDULED THROUGH THE
CITY SECRETARY' S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2013
DEPARTMENT: Planning and Development
ACM: John Cabrales
SUBJECT — Neighborhood Empowerment Program
Receive a report and hold a discussion regarding the Neighborhood Empowerment Program.
BACKGROUND
On January 16, 2001, City Council approved Ordinance No. 2001-035 (Exhibit 1) amending
Chapter 14 of the City of Denton Code of Ordinances, which established Article VI
"Neighborhood Empowerment Program".
The Neighborhood Empowerment Program (NEP) provided matching grant funds to qualified
neighborhood organizations or groups for neighborhood projects which promote long term,
public benefit to neighborhoods and to citizens of Denton. Neighborhood projects were funded
based on their ability to:
• Improve the appearance of the neighborhoods and promote maintenance and
enhancement of the neighborhood which will increase the neighborhood's and adjacent
neighborhood's property value;
• Establish community pride in the neighborhoods by involving neighborhood residents
more directly in all phases of the neighborhood development;
• Improve public safety by establishing traffic control devices, monuments and other
improvements; and
• Improve public health by preserving and enhancing the environment promote the public
health, welfare and safety.
The goals of the NEP were implemented through two funding sources, the Neighborhood Project
Matching Grant and the Neighborhood Micro-Grant. The Neighborhood Project Matching Grant
was managed by neighborhood organizations or groups who were formally organized and had
the capacity to develop projects and establish partnerships for projects up to $10,000. However,
the Neighborhood Micro-Grant was devised to assist neighborhoods in creating new
neighborhood organizations or solicit additional membership to an existing one. Grant funding
for the Neighborhood Micro-grant was up to $100.00.
As adopted, the NEP was administered through the Community Development Director with
other departments serving on the Advisory Board and participating in the review of project
applications. Since adoption of this ordinance in 2001, several neighborhood projects were
funded. For an example, the Nette Schulz Neighbors raised money and worlced collaboratively
with Parks and Recreation to install the perimeter sidewallc at Nette Schulz Park. They used NEP
Agenda Information Sheet
January 8, 2013
Page 2
funds to place a bacicboard at the existing tennis court for solo players and later purchased (from
Parlcs— larger trees than their budget would have allowed) trees to shade the children's play
equipment from hot summer sun.
The Fiscal Year 2012-2013 adopted budget allocated to the City of Denton Neighborhood
Planning Program (CDNPP) $84,000 in total funding. Of this amount, $34,000 is used for
existing CDNPP services such as the annual Neighborhood Empowerment Sumnut, Engage
Denton, and the development of neighborhood small area plans. The remaining $50,000 will be
used for the NEP to offer grants to qualified neighborhood organizations or groups for
neighborhood projects which promote long term, public benefit to neighborhoods and to citizens
of Denton. Instead of implementing a new program, the CDNPP will augment the existing NEP
to effectively disperse grant monies.
To this end, staff has reviewed the existing ordinance and will malce recommendations in the
form of amendments to Ordinance No. 2001-035. These amendments will allow more creativity
and broad based neighborhood projects and programs to be crafted amongst area neighborhood
organizations and groups that will be eligible for funding.
The amendment to the ordinance includes these broad categories as described:
■ Phvsical improvements to neighborhood entryways, perimeter areas, street borders and
medians, parks, playgrounds, tot lots, and other neighborhood amenity areas. Such
improvements may include landscaping, tree plantings, signage, equipment, decorative
stnictures, and similar beautification or enhancement projects. Physical improvement
Projects must be performed in a public right-of-way or on public property. Projects on
property owned by a neighborhood or homeowners association will be considered on a case
by case basis, if it is shown to provide a communal benefit to the neighborhood.
■ Public safetv pro�rams or initiatives, such as safety training, crime or fire prevention
programs, traffic deterrent or calming proj ects or studies.
■ Cultural, educational, and recreation p�rams including literacy programs, leadership
training, computer labs, after-school enrichment programs, cultural arts programs, and
summer camps.
■ Neighborhood master plan or comparable studies that focus on enhancing the neighborhood.
These must not contain plans currently being developed by the City.
Eligible proj ects must include the following criteria as appropriate:
■ Provide long term, public benefit to the neighborhood
■ Be located on publicly accessed property (right-of-way, neighborhood common area,
etc. )
■ Have demonstrated neighborhood support
■ Be compatible with adjacent properties
■ Involve neighborhood residents directly in all phases
Agenda Information Sheet
January 8, 2013
Page 3
■ Have goals which can be accomplished normally in 12 months or less
■ Must demonstrate appropriate long-term maintenance
■ Be within the City's legal authority and comply with existing City of Denton policies &
codes
In addition, the Neighborhood Empowerment Program Advisory Board will be comprised of
Parks and Recreation, Engineering, Planning, Police, Community Development, Economic
Development, and Code Enforcement staff representatives. This Board will review and evaluate
each application and malce recommendations to the City Manager for final approval. The
Planning and Development Department will update the City Council on the issuance of grant
funds and approved proj ects at the conclusion of each application cycle.
In order to thoroughly review subnuttals in an equitable manner staff has developed criteria, each
with a weighted score, to evaluate applications. Each application will be evaluated on the
following criteria:
Criteria Category Scoring Weight Explanation of Criteria
Proj ect Description and 40 Precise description of proj ect, which
Statement of Qualifications includes needs, benefits to the
nei hborhood, and sound bud et
Implementation Taslcs And 35 Clear demonstration of how the
Schedule ro�ect will be accom lished
Volunteers, Participation, 25 Demonstrated participation of
Donations, and registered residents in the project and
with the CDNPP documented match in forms of
letters, in-lcind services or donations
Maximum Number of Points 100 The highest score received on the
evaluation form.
Project proposals that received an evaluation score of 30 points or less will not be considered for
funding, but may be resubmitted for the next award cycle. Furthermore, each non award
proposal will have the opport�inity to meet with the Advisory Board to discuss project,
application, and partnerships. Before each review cycle, staff will host a grant training worlcshop
to advise interested groups and individuals of eligible projects and program and application
requirements.
PRIOR ACTION/REVIEW
1. City Council approval of Ordinance No. 2001-035 January 16, 2001
Agenda Information Sheet
January 8, 2013
Page 4
EXHIBITS
1. Ordinance No. 2001-03 5
2. Proposed Ordinance
3. Neighborhood Proj ect Matching Grant
4. Attachment "A" Neighborhood Project Matching Grant Application Form
5. Attachment "B" Evaluation Ranlcing Sheet
6. Attachment "C" Neighborhood Project Matching Grant Agreement
7. Attachment "D" Hold Harniless and Indemity Agreement
8. Neighborhood Project Grant Award Cycle
9. Neighborhood Project Grant Award Calendar
10. Neighborhood Empowerment Program Marlceting Plan
Prepared by:
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Katia Boylcin
Planning Supervisor
Respectfully subnutted:
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Brian Locldey, AICP, CPM
Director, Planning and Development
S ti0ur PocumenldOrdiqnuewWl Wel�hu�hoad Hmpnwermem Pro�am Qoc
ox�nvArrcE rro DD/- D� `T
AN ORDINANCE AMENDING CHAPTER 1�4 "HEALTH AND HUMAN SERVICES" OF
THE CITY CODE SY ESTABLISHING A NEW ARTICLE VI "NEIGHBORHOOD
EMPOW�RMENT PROGRAM" TQ ESTABLISH A NEYGHBORHOOD EMPOWERMENT
PROGRA,M TO ENHANCE AND IMPROVE NEIGHBORHOODS THROUGHOUT THE
CITY QF DENTON, CREATING A NEIGHBORHOOD EMPOWERMENT ADVISORY
BOARD, ESTABLISHING CRITERIA AND GUIDELINES FOR THE APPROVAL OF
MATCHING CONTRIBUTTONS UNDER APPLICATIONS BY ELIGIBLE PERSONS
UNDER THE PROGRAM, SETTING FORTH ADDITIONAL DETAILS IN RELATION TO
THE PROGRAM, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS
CLAUSE, AND PRQVIDING AN EFFECTIVE DATE
WHEREAS, the health, econamic conditian, public welfare and safety of a c�ty is
affected by the quality and viab�lity of �ts neighborhoods, and
WHEREAS, neighborhood pro3ects which promate long term, pubhc benefit to
neighborhoods and to citizens of Denton as a whole by improvmg the appearance of the
neighborhoods, establish communrty pnde m the nexghbarhoods by in�alvmg ne�ghborhood
residents more directly m all phases of the neighborhood development, promote masntenance and
enhancement of the neighborhood, improve public safety by establishmg traific control devices,
manuments and other improvements, increase the neighborhood's and adjacent neighborhood's
property value by impraving the appsarance oi the neighborhood, tmprove public health by
preserving and enhanc�ng the environment promote the public hsaith, welfare and safety and
canstitute a valid publ�c purpose, and
WHEREAS, the Crty Manager has recommended and the City Council has determined
that a Neighborhood Empawerment Program whereby the C�ty provides certam quali�ed
neighborhoad organizations and groups matching funds ox contributions of in-kmd services to
accompli�h one or more of the abovs-mentionad pur�oses is deemed to be in the public mt�rest,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENT�N HEREBY ORDAINS
.S�CTiON 1 That Chapt�r 14, "Health and Human Services" of the Code af Ordinances
af the City of Denton is hereby amended hy enacting a new Articie VI, "Neighborhood
Empowerment Program" wrth Subsections 14-119 — 14-123 inclus�ve which shall read as
follows
Arttcle VI Neighborhood Empowerment Program
Section 14-119 Establishment and Purpose
This hereby established a Neighborhaod Empowerment Prograrn (NEP) to provide
matching City funds or in-kind services to help �mprove the quahty of life in the City's
51ou� Documaila4(h�dln�wal011Naigh6ofiooA &ppowpmeot Pro�am dec
nelghbarhaods The goal of the NEP is to encaurage and select prepared pro�ects which
mEet the program guidelines set forth herexn that foster self-help, neighborhood pr�de,
and enhance and beautxfy the City's neighborhoods The NEP will provide matching
fumds or in-lc�nd services which are to be awarded on the bases of inent A maximum of
$l0,OQ0 will be available per pro�ect The total available funding will be established in
each budget year based on the arnount budgeted for ihe NEP as appraved by the Crty
Council in the annual budget
Sechon 14-120 Neighborhood Empowerment Program Advisary Board
a There is hereby created a Neighborhaod Empowerment Board wluch shall be
camposed of seven members The City Manager shall designate one member of
the Board from the Parks & Recreation, Engineenng, and Community
Development Departments Four members af the Board shall be chosen from a
neighborhood association ar representative group from each af the four City
Counc�l distncts The neighborhood representative shall serve for two-year terms
provided, however, the �rst two representatives appointed ta the Board w�ll serve
one-year terms, allowing two new neighborhoods to be represented on the Board
each subsequ�nt program year Appomtments of the neighborhood assoc�atian ar
group members will be randomly selected from each of the four cauncil districts
b The Board will evalua.te �ach applzcat�an to participate in th� NEP based on the
foilowing cnter�a
1 R�phcability — the ease m which the pro�ect can be successfully rephcated
in other naighborhoods
2 Self-evaluat�on — based on cntena that will be specified by the Board to
evaluate the success of the pro�ect
3 ProJect quality �- to evaluate whether the pro�ect is well articulated,
plann�d, and ready to proceed mcluding whether there is a demonstrated
need for the pro,�ect, whe�her the budget is reasonable, cost-effective, and
within the scope of the NEP
4 Ne�ghborhood match — whether the match meets the minimum
requirement, is secured, and ready to be expended Proaects will be
evaluated on a shding scale Low to moderate mcome neighborhoods will
xeceive addihonal consideration and selection and a reduchon �n necessary
neighborhoad match to the extent this can be accomplfshed in accordance
with the iaw
5 Neighborhood invalvement — inclusivenass, panc�ipatxvn and costlbenefit,
pro�ects will be evaluated to determine if they promote the neighborhood,
build relationshtps and cooperation among nerghborhoods, whether a
sigmficant number of people will be in�olved and will benefit from the
program, how the program will enhance not only the neighborhood but
ad�aaent neighborhoods and tha City as a whale, whether the program is
Page 2 of 6
S lOUr Uocumrnli�OrdiqallCpN61We1ghLafioad Pmpowo�meot Progam �c
not controversial, has no neighborhood opposition, and whether diverse
interests are mvolved
Th� Board wil� act as an advisor to the City Council in admmistenng th� NEP It
will make recommendations to �he Crty Cauncil with regard to changes m the
NEP guidelines, the success of the NEF, and the fundmg level of NEP which
responsibilrties sha11 includ�, withot�t limitation
2
3
4
Mak�ng recommendatxons to the Crty Cauncil w�th respect to annual
budget appropnations for the NEP
Making penodic reports #o the C�ty Council w�th regard to the status and
effect�v�ness of the NEP
Administenng the NEP to ensure that the successful applicants comply
wxth the terms and conditions of the NEP
Promulgate rules and estabhshing procedures to aid the Board �n
per%rm�ng its functions
Sectzan 14-121 Ehgible Frogram and Pro�ects
Individuals from five or more separate households and l�vmg within the city limits may
submit an applfcation to the Communrty Development Director {Director) The D�rector
shall establish, wrth the approval of the Board, addrtional guidelines to make sure that
applications are approv�d on the basis of inent and are cons�stent wrth NEP guidelines
Any pro�ect which promotes the pubhc health, safety ar welfare of the City by
accomplishtng one or more of the pubiic purposes set forth in Section 1�-119 above and
the preambles to the ardinance which enacts the NEP by enhancin� the appearance and
lmproving the qualxty of hfe in Denton's neighborhoods is eligible Such pro�ects must
mclude �e fallowing
a AIl pro�ects arE
between the
implementation
; required to have a crtizen pro�ect coordinator to be a haison
City artd the neighborhood durmg pro�ect development
b Matclung fund awards wi�l be made only to groups of five or more separate
households who can be identified with a partrcular Denton neighborhood
Awards will not ba made to md�viduals, single businesses, universities, hospitals,
instrtutions, foundatians, political, fraternal, or rel�gious organ�zat�ans
Government and public agenc�es, social services district councils, citywide
graups, and city developments are also not eligible for the program Eligible
apphcants may form partnerships with any of these ineligrble graups to plan and
implement the pro�ect But the eligible applicant must retam the pnmary role in
the partnership and rema�n responsihle for performmg the pro�ect
c El�gibl� pro�ects must
Page 3 af b
S 10ur OacumenL50Miumcu4014Neighbodwod Panpawwmen� Progrun doc
1 Pravide long-term, publxc b�nefits to the neighborhood
2 Be located on public access (nght-of-way, neighborhood, common area, or
other public access proparty}
3 Have demonstrated neighborhaad support
4 Be compatibl� with adjacent properties
5 Involve neighbarhoad residents directly in all phases
6 Have goals wluch can normally be accomplished within twelve months ar
less
7 Must demonstrate appropnate lang-term maintenance programs
8 Be w�thm the City's legal authanty as determined by the City's kegal
department and comply wrth existing Crty of Denton's codes, regulations
and palicies
d All pro�ects shall fall witl�tn one of the following srx categones
1 Youth improvements which may �nclude, without limiiation, small play
area, basketball courtThoops
2 Nei�hborhood ide_ntitv which may mclude signage, entrance
beautification, ar other neighborhood landmarks
3 Public art or amemties which may include, benches, sculptures, gardens
4 Traffic _safetv which may mclude, speed burnps and traffic calming
devices
5 Capital eauiumen# purchase which may tnclude neighborhood bulletm
boards and neXghborhooci picmc ar�as
6 Environmental _improvemeni which may mclude nde-sharmg, LINK
shelter, camposting, tree planting, tra�l head enhancements
In order to abtaln matching City funds or services from the Ne�ghborhood
Empowerment Program, the neighborhood must identify matched items of equal
value of the amount requested Matched rtems that can be donated, include
professional services, danated rnatenal or supplies, volunteer labor ar cash The
value of the neighborhood match must equai or exceed the amount requested from
the neighborhoad requested matchmg NEP funds The type of the match must be
appropnate to the needs of the pro�ect The proposed match must be extended
dunng the i�fe af the pro�ect or after completion and meet the fallow�ng
guidehnes
1 Assistance from other City funds cannot be count�d as part of the match
2 At least 25% of the neighboxhood's match must come from the
neighbarhood itself as opposed to other funding entities such as th� DISD,
nan-prafit corporations other than the neighborhood group or association,
or another governmental entities All valunteer labor wrll be valued at $10
per hour Professional services, if needed for the pro�ect, are to be valued
at the reasonable and customary rate preva�hng in the pr�fessxon and the m
the community The neighborhood match must be pledged and secured
Page 4 of 6
S lO�r Uocumanul0rdiyqocMOlWelgh6mhaad Empawwmon4 hngram doC
S�cured means that the donor has ta specifically descnbe the contnbutions
m the NEP matching fund contract {contract) to confirm the commitment
Individuals who donate professional serv�ces or slalled labor as part of the
neighbarhood match cannot also receive campensation from the C�ty's
match rnon�y
Section 14-122 Application for Neighborhood Empowerment Program Matchmg Funds
a Appl�cations for Neighborhood Empowermen# Program matching funds under
tl�s chapter rnust be filed with the Crty's Cammun�ty Davelopment Departrrtent
upon forms descnbed by the Board and the department for that purpase
b The applicatian shall �nclude all information indicated by this Article VI along
w�th any additional information tl�at the Board deems necessary in order to
perfarm its functxons as set forth m Section 1412Q
Al1 applications shall be venfied by the applicant as to the truth and correctness of
all facts and informahon presented
d All successful applicants sha11 be required to execute a contract on a form
approved by the City Attorney and to execute such other forms as the Community
Development Department and the Board deem necessary to insure the approved
pro�ects compietion
S�ctfon 14-123 Rev�ew and Approvai by the Board
a If the Director determines the apphcation is cons�stent wrth the requirements of
this Axtxcle VI, the D�rector shall forward the application to the Board for its
evaluation The Board shall review the appltcation based on a matching ftind
pro�ect evaluation %rm developed by the Direetor and approved by the Board
wluch takes lnta consideratfon all the cr�tena for evaluation set forth in this
Art�cle
b If an application is approved or denied by the Baard, the successful applicant will
be nottfied wrthin 30 days after the apphcation submission is farwarded to the
Board by the Director Autlionzation to begin the pro�ect will be gxven after the
appliaant ex�cutes the centract The applicarit rnust beg�n the pra�ect within three
months of thts authonzation and %llow the pro�ect schedule timeline that has
been approved by the Board
Applicants wha the Director determmes have submitted applications which are
mcomplete will be noti�ed of thts w�thin two waeks of the submission of the
appl�cation The Directar and the Board sha11 have the nght to request additional
in%rmation from the applicants as deemed necessary ta adequately evaluate the
Page 5 of 6
3 VOur pocumentslOrdmnncec4llWclgh6ar�wud 8mpowerment Pro�arn doc
applicatian and the pro�ect Dunng any such penad af submission of addit�onal
mfortnation tha timel�ne far reviewing the application shail be tolled
SECTION 2 That save and except as amended hereby, all the remamang sections,
sentences, clauses, and phrases af Chapt�r 1� of the City oi Denton Cade of Ordinances shall
ramain in full farce and effect
SECTION 3 That if any section, suhsechon, paragraph, sentence, clause, phrase, or
word m thYS ordmance, or application thereof to any person or circumstance is held invalid by
any court of campetent �unsdiction, such holdmg shall not affect the validity af the remauung
portions of this ordinanc�, the City Council of ths City of Denton, Texas, hereby declares that
they would have enacted such remain�ng portians despite any such mvahdrty
S CF TYON 4 That tlus ordmance shall become effective immediately upon its passage
and approval
!
PASSED AND APPROVED this the ��, day of , 2009;
ATTEST
JENNIFER WALTERS, CITY SECRETARY
�: ��/.I! � ,II l�.�,l/! %-.�.
r
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
� �
BY �
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, -, � /.� �f,.
.
Page 6 of 6
S Plzimm�\( (.RelztzA\Yezi _Ol�\Ol-7zn`0108.13\StaffR port_uVei JiboilioodFaiy�o«� ' entPro�zni�FIN�AL�AISfiEXHIRITSUVei?hboilioodFaiy�o«�e�me�itPr �zm_�AIIEtihilit_.doch
Exhibit 2
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 "HEALTH AND H[_JIVIAN SERVICES" OF THE CITY
CODE BY ESTABLISHING A NEW ARTICLE VI "NEIGHBORHOOD EMPOWERMENT PROGRAM"
TO ESTABLISH A NEIGHBORHOOD EMPOWERMENT PROGRAM TO ENHANCE AND IMPROVE
NEIGHBORHOODS THROUGHOUT THE CITY OF DENTON; CREATING A NEIGHBORHOOD
EMPOWERMENT ADVISORY BOARD; ESTABLISHING CRITERIA AND GUIDELINES FOR THE
APPROVAL OF MATCHING CONTRIBUTIONS LJNDER APPLICATIONS BY ELIGIBLE PERSONS
LJNDER THE PROGRAM; SETTING FORTH ADDITIONAL DETAILS 1N RELATION TO THE
PROGRAM; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the health, economic condition, public welfare and safety of a city is affected by the quality
and viability of its neighborhoods; and
WHEREAS, neighborhood projects a��d pr��ra�ns which promote long term, public benefit to
neighborhoods and to citizens of Denton as a whole by improving the appearance of the neighborhoods,
�r�t�a��c;ir�� r�sid�r�t's qt�ality �ili%, establish community pride in the neighborhoods by involving neighborhood
residents more directly in all phases of the neighborhood development; promote maintenance and enhancement
of the neighborhood, improve public safety by establishing traffic control devices, monuments and other
improvements; increase the neighborhood's and adjacent neighborhood's property value by improving the
appearance of the neighborhood; improve public health by preserving and enhancing the environment promote
the public health, welfare and safety and constitute a valid public purpose; and
WHEREAS, the City Manager has recommended and the City Council has determined that a
Neighborhood Empowerment Program whereby the City provides certain qualified neighborhood organizations
and groups matching funds or contributions of in-lcind services to accomplish one or more of the above-
mentioned purposes is deemed to be in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Chapter 14, "Health and Human Services" of the Code of Ordinances of the City of
Denton is hereby amended by enacting a new Article VI, "Neighborhood Empowerment Program" with
Subsections 14-119 — 14-123 inclusive which shall read as follows:
Article VL Neighborhood Empowerment Program.
Section 14-119. Establishment and Purpose
This hereby established a Neighborhood Empowerment Program (NEP) to provide matching City funds
or in-lcind services to help improve the quality of life in the City's neighborhoods. The goal of the NEP
is to encourage and select prepared projects which meet the program guidelines set forth herein that
foster self-help, s�li-lna��a��ln�r�t, neighborhood pride, and enhance and beautify the City's
neighborhoods. The NEP will provide matching funds or in-lcind services which are to be awarded on
the bases of inerit. A maximum of $10,000 will be available per project. The total available funding
will be established in each budget year based on the amount budgeted for the NEP as approved by the
City Council in the annual budget.
Section 14-120. Neighborhood Empowerment Program Advisory Board
a. There is hereby created a Neighborhood Empowerment P�dvis�ry Board which shall be
composed of seven members. The City Manager shall designate one member of the Board from
the Parlcs & Recreation, Engineering, �'la��r�ir��, �'�lic;�, Ec;�r��lnic; I��v�l�pin�r�t, C�d�
Er�%rc;�ln�r�t, and Community Development Departments. �'^��°� °�°�°�°"�°��� ^�'''�° �^��°�����U�
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b. The Board will evaluate each application to participate in the NEP based on the following
criteria:
1. I�r�j�c;t I)�sc;ripti�r� a��d Stat�ln�r�t �i C�t�alific;ati�r�s — I�r�c;is� d�sc;ripti�r� �i pr�j�c;t, wt�ic;t�
ir�c;lt�d�s r���ds, b�r��fits t� tt�� r��i�t�b�rt���d, ar�d s�t�r�d bt�d��t.
2. Ilnpl�ln�r�tati�r�, Taslcs, ar�d Sc;t��dt�l� — Cl�ar d�ln�r�strati�r� �i t��w tt�� pr�j�c;t will b�
ac;c;�inplist��d.
��lt�r�t��rs, I�artic;ipati�r�, a��d I)�r�ati�r�s — I)�ln�r�strat�d partic;ipati�r�s �i r�sid�r�ts ir� tt��
pr�j�c;t a��d d�c;t�ln�r�t�d lnatc;t�ir�� %rins �il�tt�rs, ir�-lcir�d s�rvic;�s, �r d�r�ati�r� �ilnat�rials,
�r �tt��r s�c;t�r�d �i�r�dir�� s�t�rc;�s.
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c. The Board will act as an advisor to the City Council in adnunistering the NEP. It will malce
recommendations to the City Council with regard to changes in the NEP guidelines, the success
of the NEP, and the funding level of NEP which responsibilities shall include, without linutation:
Malcing recommendations to the City Council with respect to annual budget
appropriations for the NEP.
Page 2 of 6
2. Malcing periodic reports to the City Council with regard to the stanis and effectiveness of
the NEP.
3. Administering the NEP to ensure that the successful applicants comply with the terms
and conditions of the NEP.
4. Promulgate niles and establishing procedures to aid the Board in performing its
functions.
Section 14-121. Eligible Program and Projects
Individuals from five or more separate households and living within the city linuts may submit an
application to the City �i I��r�t�r� N�i�1�b�r1���c# E�lar�r�ir�� E�r��ra»� (CI�NE�E�� ��--��,�,�-��-c��
���°�•4�� ������•�-e�. The CI�N�'�' ` shall establish, with the approval of the Board, additional
guidelines to malce sure that applications are approved on the basis of inerit and are consistent with NEP
guidelines. Any proj ect which promotes the public health, safety or welfare of the City by
accomplishing one or more of the public purposes set forth in Section 14-119 above and the preambles
to the ordinance which enacts the NEP by enhancing the appearance and improving the quality of life in
Denton's neighborhoods is eligible. Such projects must include the following:
a. All projects are required to have a citizen project coordinator to be a liaison between the City and
the neighborhood during project development implementation.
b. Matching fund awards will be made only to groups of five or more separate households who can
be identified with a particular Denton neighborhood. Awards will not be made to individuals,
single businesses, universities, hospitals, institutions, foundations, political, fraternal, or religious
organizations. Government and public agencies, social services district councils, citywide
groups, and city developments are also not eligible for the program. Eligible applicants may
form partnerships with any of these ineligible groups to plan and implement the project. But the
eligible applicant must retain the primary role in the partnership and remain responsible for
performing the proj ect.
c. I�r�j�c;t c;rit�ria (applic;ability is bas�d �r� pr�j�c;t a��d pr��raln typ�s�: _���
1. Provide long-term, public benefits to the neighborhood.
2. Be located on public access (right-of-way, neighborhood, common area, or other public
access property).
3. Have demonstrated neighborhood support.
4. Be compatible with adjacent properties.
5. Involve neighborhood residents directly in all phases.
6. Have goals which can normally be accomplished within twelve months or less.
7. Must demonstrate appropriate long-term maintenance programs.
8. Be within the City's legal authority as determined by the City's legal department and
comply with existing City of Denton's codes, regulations and policies.
d. All proj ects shall fall within one of the following �-categories:
1. I��sic;al ilnt�r�v�ln�r�ts t� r��i�t�b�rt���d �r�tryways, p�riln�t�r ar�as, str��t b�rd�rs a��d
ln�dia��s, parlcs, play�r�t�r�ds, t�t l�ts, a��d �tt��r r��i�t�b�rt���d a�n�r�ity ar�as. St�c;t�
ilnpr�v�ln�r�ts lnay ir�c;lt�d� la��dsc;apir��, tr�� pla��tir��s, si�r�a��, �qt�ipin�r�t, d�c;�rativ�
strt�c;tt�r�s, a��d silnilar b�at�tific;ati�r� �r �r�t�a��c;�ln�r�t pr�j�c;ts. I�t�ysic;al ilnpr�v�ln�r�t
pr�j�c;ts lnt�st b� p�r%rin�d ir� a pt�blic; ri�t�t-�i-way �r �r� pt�blic; pr�p�rty. I�r�j�c;ts �r�
pr�p�rty �wr��d by a r��i�t�b�rt���d �r t��ln��wr��rs ass�c;iati�r� will b� c;�r�sid�r�d �r� a c;as�
by c;as� basis, iiit is st��wr� t� pr�vid� a c;�lnlnt�r�al b�r��iit t� tt�� r��i�t�b�rt���d.
Page 3 of 6
2. I�t�blic; sa%tv �r��ra�ns �r ir�itiativ�s, st�c;t� as sa%ty trair�ir��, c;riln� �r iir� pr�v�r�ti�r�
pr��ralns, traific; d�t�rr�r�t �r c;allnir�� pr�j�c;ts �r stt�di�s.
Ct�ltt�ral, �dt�c;ati�r�al, a��d r�c;r�ati�r� ��ra�ns ir�c;lt�dir�� lit�rac;y pr��ra�ns, l�ad�rst�ip
trair�ir��, c;�lnpt�t�r labs, ait�r-sc;t���l �r�ric;t�ln�r�t pr��ra�ns, c;t�ltt�ral arts pr��ralns, a��d
st�lnln�r c;a�nps.
4, I"��i;�t�b�rt���d lnast�r �la�� �r c;�ln�arabl� stt�di�s tt�at %c;t�s �r� �r�t�a��c;ir�� tt�� r��i�t�b�rt���d.
Tt��s� lnt�st r��t c;�r�tair� plar�s c;t�rr�r�tly b�ir�� d�v�l�p�d by tt�� City,
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�: ���r�z`z"-��F"r, �,�,�r�c'-%F£03-�3zFy'-�-F3��-il-�Ei•G;--s�ic°c,�-i�,e,-�d-,<, � e„I +�-�,�"�;�, r�.ie,-��e,�;.% ��`v'rca°,-`s"-
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e. In order to obtain matching City funds or services from the Neighborhood Empowerment
Program, the neighborhood must identify matched items of equal value of the amount requested.
Matched items that can be donated, include professional services, donated material or supplies,
volunteer labor or cash. The value of the neighborhood match must equal or exceed the amount
requested from the neighborhood requested matching NEP funds. The type of the match must be
appropriate to the needs of the project. The proposed match must be extended during the life of
the project or after completion. «°�� °���°� 4a�° ���^�za�� �°���
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Section 14-122. Application for Neighborhood Empowerment Program Matching Funds.
a. The applicant must attend one of the four Neighborhood Empowerment Program
Matching Grant Worlcshops.
b. Applications for Neighborhood Empowerment Program matching funds under
Page 4 of 6
this chapter must be filed with the City's N�i�t�b�rt���d I�lar�r�ir�� I�r��ra�n �' °�� „°�;��
����°'�°�°�°°°�* �����z���� upon forms described by the Board and the department for that
purpose.
c. The application shall include all information indicated by this Article VI along with any
additional information that the Board deems necessary in order to perform its functions as set
forth in Section 14-120.
d. All applications shall be verified by the applicant as to the tnith and correctness of all facts and
information presented.
e. All successful applicants shall be required to execute a contract on a form approved by the City
Attorney and to execute such other forms as the Neighborhood Planning Program and the Board
deem necessary to insure the approved projects completion.
Section 14-123. Review and Approval by the Board.
a. If the CI�N�'�' ��c-��� determines the application is consistent with the requirements of this Article
VI, the CI�N�'�' �;.:���-shall forward the application to the Board for its evaluation. The Board
shall review the application based on a matching fund project evaluation form developed by the
CI�N�'I� �� and approved by the Board which talces into consideration all the criteria for
evaluation set forth in this Article.
b. Tt�� I��ard will lnalc� a r�c;�lnln�r�dati�r� t� fi�r�d qt�aliii�d pr�j�c;ts t� tt�� City l�Iar�a��r %r appr�val.
If an application is approved or denied by the Board, the successful applicant will be notified within
30 days after the application subnussion is forwarded to the Board by the CI�N�'�' •�.
Authorization to begin the project will be given after the applicant executes the contract. �
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c.
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SECTION 2. That save and except as amended hereby, all the remaining sections, sentences, clauses,
and phrases of Chapter 14 of the City of Denton Code of Ordinances shall remain in full force and effect.
SECTION 3. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this
ordinance, or application thereof to any person or circumstance is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, the City
Council of the City of Denton, Texas, hereby declares that they would have enacted such remaining portions
despite any such invalidity.
SECTION 4. That this ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 2000.
Page 5 of 6
MARK BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
Page 6 of 6
Exhibit 3
Attachment A
�%/i
„%;
The Neighborhood Project Matching Grant is purposed to empower citizens to improve the overall
quality of life in their neighborhoods through citizen and government partnerships. The grant
matches City and neighborhood resources to complete neighborhood-proposed projects that foster
self-help, self-management, and neighborhood pride, as well as enhance and beautify the
neighborhood.
Funds are awarded on the basis of inerit with a maximum of $10,000 per project; however, an
exception to the maximum may be granted when mitigating circumstances are supported. Examples
of such circumstances might include placement of public art that benefits more than just the
immediate neighborhood, the acceleration of a project that is included in the City's long-range plan,
and projects that serve an overwhelming community need.
This is a reimbursement grant. Funding will not be released until the project is completed and proper
documentation is submitted to the City of Denton Neighborhood Planning Program (CDNPP);
however, monies may be provided upfront for certain approved expenses.
WHO MAY APPLY
Neighborhood associations, homeowner associations, tenant associations, and neighborhood groups
may apply. All projects are required to have a Citizen Project Coordinator as the liaison between the
City and the neighborhood during project development and implementation.
Matching fund awards are not made to single individuals or businesses, universities, hospitals,
institutions, foundations, or political, fraternal, or religious organizations. Additionally, government
and public agencies, social services, district councils, citywide groups, City departments, and requests
to support the ongoing operating budgets of organizations are not eligible; however, eligible
Page7of6
applicants are encouraged to form partnerships with these ineligible groups to plan and implement
projects. The eligible applicant must retain the primary role in the partnership.
If you have questions, call (940) 349-8541. For additional applications, visit
www.cityofdenton.com/neighborhoodplanning and click on "Neighborhood Grants."
PROGRAM DESCRIPTION
Eligible neighborhood groups or associations may apply for the maximum amount of $10,000 per
cycle upon the following contingencies:
• Project appropriateness
• Funding availability
• The ability of the applicant to match the award at 100% through financial contributions, in-kind
donations, or volunteer hours.
Qualifying projects must take place within the City of Denton, provide a communal benefit as
determined by the Neighborhood Empowerment Grant Advisory Board, and fall within one or more of
the categories listed below as a qualifying project.
QUALIFYING PROJECTS
l. Phvsical improvements to neighborhood entryways, perimeter areas, street borders and
medians, parks, playgrounds, tot lots, and other neighborhood amenity areas. Such
improvements may include landscaping, tree plantings, signage, equipment, decorative
structures, and similar beautification or enhancement projects. Physical improvement projects
must be performed in a public right-of-way or on public property. Projects on property owned
by a neighborhood or homeowners association will be considered on a case-by-case basis if it
shows to provide a communal benefit to the neighborhood.
2. Public safetv proarams or initiatives such as safety training, crime or fire prevention programs,
traffic deterrent, or calming projects or studies.
3. Cultural, educational, and recreational proarams including literacy programs, leadership
training, computer labs, after-school enrichment programs, cultural arts programs, and summer
camps.
4. Neiahborhood master plan or comparable studies that focus on enhancing the neighborhood.
These may not contain plans currently being developed by the City.
Page 8 of 6
PROJECT CRITERIA
If applicable, qualifying projects must meet the following criteria:
• Provide long-term, public benefit to the neighborhood
• Be located on publicly accessed property (right-of-way, neighborhood common area, etc.)
• Nave demonstrated neighborhood support
• Be compatible with adjacent properties
• Directly involve neighborhood residents in all phases
• Nave goals that may be typically accomplished within 12 months or less
• Must demonstrate appropriate long-term maintenance
• Be within the City's legal authority and comply with existing City of Denton policies & codes
PROJECT EVALUATION
The Neighborhood Empowerment Grant Advisory Board is comprised of representatives from the
following departments: Parks and Recreation, Engineering, Planning, Police, Code Enforcement,
Economic Development, and Community Development. The Neighborhood Empowerment Grant
Advisory Board reviews, evaluates (in accordance to the evaluation sheet), and selects successful
applications for final approval by the City Manager. The Advisory Board will evaluate each application
based on the following criteria:
CRITERIA CATEGORY SCORING WEIGHT EXPLANATION OF CRITERIA
The precise description of the
Project Description and project, including needs, benefits to
Statement of Qualifications 40 the neighborhood, and sound
bud et
Implementation Tasks and A clear demonstration of how the
Schedule 35 project will be accomplished
Demonstrated participation of
Volunteers, Participation, residents in the project and
and Donations Registered 25 documented match in forms of
with the CDNPP letters, in-kind services, or
donations
Hi hest Possible Score 100
Neighborhood Empowerment Program funds are limited, and projects will be awarded (upon City
Council approval) up to four times per year. Awards are based on a project's rating, and the most
highly rated projects will be awarded first. Projects must take place within the boundaries of the
neighborhood; however, exceptions may be made for donated space outside the neighborhood when
sufficient space within the neighborhood is not available. Improvement projects that are targeted
under the City of Denton Capital Improvement Plan will not be funded under this grant program.
Page 9 of 6
CRITERIA FOR FUNDING APPROVAL
To be considered for funding approval, eligible neighborhood groups with qualifying projects must:
• Successfully complete the grant application process
• Provide evidence that the project qualifies for this funding program
• Provide evidence that the requested grant and project was favored by a majority vote of
neighborhood association members or a neighborhood group that has received support from
60% of the households or businesses to sign a petition for the project
• Assume the lead role and responsibility for the project (Partnerships with non-eligible
individuals or groups such as businesses, religious, fraternal or community organizations,
educational institutions, political groups and non-eligible neighborhoods may be permitted.)
• Provide advance notice of all other funding sources, both public and private, for the same
project
• Contribute to and ensure resident involvement in all phases of the project by making a
significant neighborhood donation in dollars, goods, or in-kind services such as volunteer
hours (At least one quarter of the neighborhood match must come from volunteer efforts. For
example, 25% of a$2,500 matching grant is $625; and at the approved rate of $12 per hour,
52.08 volunteer hours would be required.)
Note: Association officers or members who may provide project consulting or planning services are
not entitled to receive a salary or payment for project-related services or operating expenses.
Requests for salaries or operating expenses will only be considered for contracted, professional
service providers.
CRITERIA FOR DISQUALIFICATION OR FUNDING DENIAL
Applicants may be disqualified or denied grant funding for any one of the following reasons:
• A grant application is submitted after the deadline.
• One quarter of the neighborhood match does not come from volunteer efforts.
• A grant application is incomplete or missing supporting documents such as a budget or
volunteer hours.
• The matching labor funds and other donations is not equal to or greater than the full amount
of the matching grant.
• The mandatory technical grant workshop is not attended.
• The association, group, or partner has no bank account or Federal Tax ID number.
• Funding under this matching grant program was previously provided, but the neighborhood
association or group has not successfully completed the funded project.
Page 10 of 6
APPLICATION PROCEDURES AND TRAINING
Step 1: Schedule to attend a grant-training workshop. The City of Denton Neighborhood Planning
Program may be contacted for training workshop dates, times, and locations. For your convenience,
multiple training workshops will be scheduled. Each session will address how to complete the
Neighborhood Project Matching Grant application, how to increase your opportunities to receive
funding, and how to implement a project. Additional information will include an explanation of grant
requirements and examples of technical needs assistance.
Step 2: Obtain a grant application by contacting the City of Denton Neighborhood Planning Program
at (940) 349-8541 or download the application at www.cityofdenton.com/neighborhoodplanning. (A
copy of the application form is attached hereto as Attachment A.)
Step 3: Complete the application in detail and mail or hand deliver the original plus seven copies to
the City of Denton Neighborhood Planning Program at City Nall West, 221 N. Elm St., Denton, TX
76201.
SELECTING PROJECTS FOR GRANT FUNDING
The Neighborhood Empowerment Grant Advisory Board — consisting of representatives from Parks
and Recreation, Engineering, Planning, Police, Code Enforcement, Economic Development, and
Community Development — will be formed to screen each application and determine if the applicant
meets the criteria for funding approval. A representative from the corresponding division will review
funding requests for projects involving improvements to public parks or City-owned and/or
maintained property or projects, which directly involve a particular expertise.
Applications will be reviewed and ranked by using an "Evaluation Criteria Ranking Sheet" (Attachment
B). Projects will be ranked by the Neighborhood Empowerment Grant Advisory Board for City
Manager's approval. The number of grants awarded will be based on available funding and the
Evaluation Criteria Ranking Sheet.
The City reserves the right to deny any grant request for a project or activity deemed to be
inappropriate, offensive, or discriminatory, or for any other reason within the City's sole discretion.
Page 11 of 6
GRANT PROGRAM CONDITIONS
Once the City awards a grant, a contract and hold harmless agreement with the City of Denton must
be signed (Attachments C and D).
After the contract is executed, a check may be prepared and disbursed for the necessary materials or
supplies included in the approved application/budget. Funding for volunteer hours, in-kind donations,
or project services identified in the budget may not be reimbursed until after such service is rendered
and verified by the City. Checks will be made out to associations or project partners with Tax ID only.
Grant funding recipients must submit a monthly project status report that may include pictures, a
description of completed portions of the project, and financial records such as invoices, receipts,
contracts, and vouchers. A final project report with original documentation must be submitted to the
CDNPP by mail or in person no later than thirty days after the completion of the project.
Projects are to be completed within the period specified in the grant award. If no significant progress
has been made after six months following the award of the grant funds, the Neighborhood
Empowerment Grant Advisory Board will assess the status of the project and determine if it should be
continued or terminated. Any project scheduled for completion by the end of the fiscal year (ends
Sept. 30) must be completed and approved for reimbursement no later than Sept. 1 of that year. If
this deadline is not met, the project may not be continued until a new application is submitted and
approved. In addition, if the deadline for reporting and completing the project is not met, the
association or group could be denied the opportunity to receive future grant funds under this or
other grant programs.
The grant program recipient as a whole is responsible for repairing any public or privately owned
fixtures, sidewalks, vegetation, or other features that may be damaged during the course of
implementing the project.
Grant recipients must comply with all applicable laws, rules and regulations, as well as obtain all
required permits for signs, structures, right-of-way work, etc.
Unless the City agrees to other arrangements in advance, the City will only continue its current level of
maintenance in and around the project site after the project is completed. Maintenance of the project
area over and above the City's routine maintenance remains the responsibility of the grant recipients.
Exceptions will be considered on a case-by-case basis by the Neighborhood Empowerment Grant
Advisory Board, as well as by the City Manager or his designee. Approval will be rendered on the basis
of benefit to the public.
Page 12 of 6
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GLOSSARY OF TERMS
Budget estimate — projected expenses for project materials, applicant match, volunteer hours, in-kind
donations, cash, etc.
Cost-share — in-kind services or funds set aside specifically for the project
Citizen Project Coordinator — neighborhood resident who is the liaison between the City and the
neighborhood
Deadline — a specified time or date after which completed applications will no longer be considered
Donations — goods or services with a measurable value given to an association and/or applicant
Homeowner's Association (HOA) — is a mandatory association that is formed when a subdivision is
planned and dues are assessed.
In-kind — a value placed on materials, supplies, and/or professional service donations that may be
counted toward the grant match (For example, a donation of landscape material that retails for $100
would count as a$100 match.)
Maintenance — the applicant's ongoing care of the project and surrounding area, such as weeding,
mowing or watering a landscaped median area
Match — applicant-provided cash, goods, services, and volunteer hours that are equal to the grant
request (Volunteer hours are valued at $12/hour.)
Neighborhood group — individuals from five or more neighboring businesses and/or households
within the city limits of Denton
Neighborhood association — a voluntary group of people living in a specific area who came together
for the betterment of the neighborhood. May include NOAs and tenant association
Tenant Association — renters at an apartment complex
Public benefit — the positive effects of a project or program upon the community or city-at-large
Public property — any City-owned land, facility or structure such as recreation centers, parks, or
public rights-of-ways
Right-of-way — any street, avenue, boulevard, highway, sidewalk, alley or similar place dedicated for
vehicular and/or pedestrian use which is controlled by the city, state or federal government
Page 13 of 6
FREQUENTLY ASKED QUESTIONS
l. Now many times may my association apply for funding?
Associations or groups may apply for funding four times each fiscal year. The City of Denton's
fiscal year begins Oct. 1 and ends Sept. 30.
2. Now do I access funds allocated to my project?
Grants recipients may access funds in any of the following ways:
• Check: Upon prior approval of the Neighborhood Empowerment Advisory Board,
neighborhood organizations or project partner that have a Federal Tax ID number and have
proof of being in existence for at least one year may receive a check in the amount of the
grant to be deposited into the organization's bank account.
• Purchase Order: The City can issue purchase orders to vendors who are willing to be on the
City's approved vendor list. A vendor must print out an estimate for all the items needed.
The estimate must be provided to the CDNPP staff, which will have the City Finance Office
provide a purchase order to the vendor. Identify the persons from your organization
authorized to pick up items on behalf of the organization. The vendor will have a copy of
the purchase order and will allow you to acquire the items listed. Allow at least 15 business
days to process this request.
• Reimbursement: Purchase the items yourself and submit the original receipts to the CDNPP
staff for reimbursement. You may deliver or mail the receipts monthly during the course of
the project. Allow at least 15 business days to process this request.
• Citv Procurement: At the neighborhood organization's request, the CDNPP can purchase
the items through the City's procurement process. Contact the CDNPP at (940) 349-8541
for an appointment. To use this option, a purchase may not exceed $500, including tax.
• Vendor Check: A vendor check may be issued if a vendor does not accept a purchase order
or procurement card. Allow 15 business days to process the request.
3. What if my application is not approved?
You may request feedback on your application with the Neighborhood Empowerment Advisory
Board, and are welcome to resubmit your application. The CDNPP can assist you with your
application.
Page 14 of 6
ELIGIBLE PROJECTS
Below are examples of eligible projects. This is not an all-inclusive list. Applicants are encouraged to
submit creative ideas for matching grants.
• Community gardens and landscaping
• Educational program such as lawn care and property maintenance
• Neighborhood signage or identity
• Public art or amenity
• Neighborhood parks and related improvements
• Right-of-way improvements
• Environmental improvements
• Youth programs
• Senior Programs
• Programs for persons with disabilities
• Traffic safety
• Community health fair
• Community festivals
(Food cost may not exceed ten percent of the project's total costs.)
INELIGIBLE PROJECTS OR PROJECT EXPENSES
• Motor vehicles of any kind for any purpose
• Payment to individuals or companies to provide services that are available from the City of
Denton
• Purchase of real property in the name of the association or any other group, individual or
organization
• Mobile phones, services, associated air time, or similar electronic devices
• Money for individuals, organizations, or groups for their private use or for uses that do not
benefit the neighborhood at large (This includes payment for services as rent, telephones,
utilities, and internet.)
• Social, political, or fraternal organization memberships
• Field trips or admissions
• Cash prizes
• Yard equipment, chainsaws, weed-eaters, lawnmowers, or similar equipment, unless part of an
approved community tool shed (Rental of equipment is permitted.)
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Page 15 of 6
Attachment A
Exhibit 4
NEIGHBORHOOD PROJECT MATCHING GRANT
APPLICATION
Use this application to describe the proposed project in detail, being certain to identify the expected
benefits and include a budget that clearly shows cost-share items. Print in blue ink or type.
Complete this application in full. If any questions do not apply to the grant or project, write or type "not
applicable" or "N/A", in the slotted area. Do not leave any part of the application blank (with exception
to extended lines not required for descriptions etc.). Additional sheets may be used as necessary.
Submit the one (1) original application and seven (7) copies in to the City of Denton Neighborhood
Planning Program (CDNPP) at 221 N. Elm Street Denton, Texas. All applications must be received at
the CDNPP office no later than 5:00 p.m. on the closing date published on the grant calendar. If the
application deadlines dates fall on a holiday, Saturday or Sunday, the following business day will
apply.
If representatives of organizations have questions concerning this program or the application, call the
CDNPP office at (940) 349-8541.
GENERAL INFORMATION
1. Name of Association or Group
2. If Group, specify the number of households
3. If association, are you registered with the City of Denton Neighborhood Planning Program?
Yes No
4. Federal Tax I.D. Number (if applicable)
5. Bank Name and Account Number (if applicable)
6. Name, address, and phone numbers of responsible person(s)
a. Name
Page 16 of 6
b. Mailing Address
c. City and Zip Code
d. Phone Number — Day Evening
e. Fax Number E-mail
7. Check which funding areas your project fits:
■ Phvsical improvements to neighborhood entryways, perimeter areas, street borders and medians,
parks, playgrounds, tot lots, and other neighborhood amenity areas. Such improvements may
include landscaping, tree plantings, signage, equipment, decorative structures, and similar
beautification or enhancement projects. Physical improvement projects must be performed in a
public right-of-way or on public property. Projects on property owned by a neighborhood or
homeowners association will be considered on a case by case basis, if it is shown to provide a
communal benefit to the neighborhood.
■ Public safetv proqrams or initiatives, such as safety training, crime or fire prevention programs,
traffic deterrent or calming projects or studies.
■ Cultural, educational, and recreation proqrams including literacy programs, leadership training,
computer labs, after-school enrichment programs, cultural arts programs, and summer camps.
■ Neiqhborhood master plan or comparable studies that focus on enhancing the neighborhood.
These must not contain plans currently being developed by the City.
8. Has the applicant received previous grant assistance from the City of Denton?
Yes No Project Name
Date Amount Department/Division
Page 17 of 6
9. Project Title And Description
a. Project title
b. Project description (describe needs, location, partnerships, expected results, and benefits
to neighborhood/community/city-at-large)
Page 18 of 6
10. Provide a project schedule that specifically details how your association/group plans to
accomplish the proposed project/plan.
Page 19 of 6
11. How does your project promote "neighborhood," build relationships or promote
cooperation among neighbors?
Page 20 of 6
12. Does the proposed project involve diverse interests (e.g., business owners and
residents, people of different income levels, racial and ethnic groups, tenants and
homeowners)? Support letters from participants are welcome but not necessary.
13. Provide the criteria your group has established in order to measure the success
of your project.
Page 21 of 6
14. Budget Information
a. Total amount of money requested $
b. Total project expense $
c. Total amount of donations: volunteer labor, in-kind donations, and/or professional services
$
d. Estimated project time-frame
15. Provide an itemized budget showing cost of product(s) and expenditures
Page 22 of 6
16. Describe the long term maintenance will be required for the project, who will perform the
maintenance, and how often. (Note: maintenance of the project area is the responsibilitv of the
grant recipient, unless specified herein. )
Page 23 of 6
17. Indicate the persons who will be responsible for carrying out your project for your
neighborhood group or organization and who will be signing a NEP Matching Fund Contract
on behalf of your group or organization. (All successful applicants will be required to execute a
Neighborhood Project Matching Grant Contract.
F�� .FTTa
b. Mailing Address
c. City and Zip Code
d. Phone Number — Day Evening
e. Fax Number E-mail
A volunteer signup sheet is attached to this application. Make copies and attach additional pages as
needed.
Page 24 of 6
VOLUNTEER HOURS PLEDGE SHEET
Project Title and Name of Association:
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Page 25 of 6
Exhibit 5
Attachment "e" EVALUATION RANKING SHEET
Neighborhood Empowerment Grant
Each bullet is to be evaluated on a scale of one to five using the key below.
1— Does not meet criteria.
2— Does not meet criteria yet attempt was made to.
3— Minimally meets the criteria with some inaccurate or missing information.
4— Meets the criteria with minimal information.
5— Meets the criteria with added and complete information.
POINTS SUB-TOTALS
EVALUATION FACTOR ASSIGNED
A. Project Description and Statement of Qualifications
■ The description identifies the needs to be addressed.
■ The description clearly outlines how the needs will be met.
■ The description clearly states how this will benefit the neighborhood area.
■ A detailed listing is provided that includes the amount of the grant request.
■ A detail listing that includes the "match" to be provided by the applicant.
■ The project benefits the community by improving the quality of life in the
neighborhood through beautification, education, enhancement, and/or build
relationships/diversity
■ The project benefits the community by infrastructure repair and/or
improvements and/or address alternative transportation and/or environmental
concerns
■ The requested project is in an area designated by the Census Track/Community
Development as a low and moderate-income area.
Subtotal (Maximum 40 Points
B. Implementation Tasks and Schedule
■ The proposal provides a complete implementation plan and schedule.
■ The proposal provides a feasible implementation plan and schedule.
■ The proposal demonstrates the applicant has the neighborhood support to
carry out the project. Should include discussion and approved neighborhood
meeting minutes, police data, planning reports, etc.
■ The proposal demonstrates the applicant has the capacity to carry out the
■ Proof that requested funds are sufficient to complete the project within the
contracted period or proof of additional funding source to complete the project.
■ The proposal includes an itemized listing of expenditures.
• The proposal includes a detailed list of costs.
Subtotal (Maximum 35 Points)
C. Volunteers, Participation, And Donations
• Proof of attendance at grant program training workshop.
■ A listing of in-kind donations such as supplies, equipment, space or
professional services.
■ A listing with names and addresses of the volunteers that meet or exceed the
matching dollar amount.
■ Proof of a secured maintenance plan for the project once improvements are
made. (If no physical improvements are proposed and no maintenance
component can be substantiated for this proposal, this section will not penalize
the application).
Page 26 of 6
■ Is the association registered with the City of Denton Neighborhood Planning
Proqram
Subtotal (Maximum 25 Points
TOTAL POINTS (Maximum 100 Points
Date
Neighborhood and Project Title
Evaluator Signature
Page 27 of 6
Exhibit 6
Attachment "C'
NEIGHBORHOOD PROJECT MATCHWG GRANT AGREEMENT
THIS AGREEMENT, hereinafter referred to as "Agreement" made at Denton, Texas, on the day of
, 2 , between THE CITY OF DENTON, TEXAS, a municipal corporation existing by and under
the laws of the State of Texas, hereinafter called the "City" and:
Entity
hereinafter called the "Grantee";
WITNESSETH
WHEREAS, the City desires to improve the appearance, organization, image, and leadership of
neighborhoods by providing grants to neighborhoods to identify, design, implement, and maintain improvement
projects; and
WHEREAS, the grantee is a volunteer and incorporated neighborhood organization; and
WHEREAS, the City recognizes that the Grantee has proposed a neighborhood improvement project
which has been reviewed and approved by City. The project is identified by the City and the Grantee as
project;
(Project Name)
WHEREAS, the Grantee has requested reimbursement assistance from the City upon completion of this
NOW, THEREFORE, THE CITY AND GRANTEE DO MUTUALLY AGREE AS FOLLOWS:
1. This Agreement shall constitute an offer by the City to grant the herein described funds to the Grantee subject
to the terms and conditions of this Agreement. If this offer is not accepted by the Grantee on or before
, 2 , then this offer shall terminate and be of no force and effect, and all monies
shall revert to the City for reallocation to other Grantees. Acceptance of this offer shall be evidenced by
complete execution of the Agreement by Grantee and delivery thereof to the City.
2. Proiect Scope of Work and Proiect Budqet: The Grantee agrees to abide by all the terms and conditions of
this Agreement, the Project Scope of Work (hereinafter "Project") as proposed by the Grantee and agreed upon
by the City, and the Project budget (hereinafter "Budget"). The Grantee agrees to abide by any written
instructions or conditions placed on the Project or Budget by the City. The Grantee may request a change in the
Project or Budget and the City may approve or deny the request. Both the request and approval or denial shall
be made in writing.
3. Proiect Manaqers: The project manager for the City shall be the City Manager or his designee. Notice to the
City shall be by telephone to (940) 349-8541, and in writing addressed to the Project Manager, City of Denton
Neighborhood Planning Program, 221 N. Elm Street Denton, Texas 76201. The Matching Grant Project Manager
Page 28 of 6
for the Grantee shall be . Notice to the Grantee shall be by telephone to
and in writing addressed to the Project Manager at
If for any reason the name or address of the Grantee's project manager changes, Grantee shall notify the City of
such changes in writing. If Grantee fails to notify City of such changes, Grantee waives all rights and privileges
that require notification to Grantee.
4. Records, Reports, and Inspection:
a. The Grantee shall maintain financial records, accounting, and purchasing information, and books and
records for the match as specified in the Project and Budget. These books, records, and information
shall comply with generally accepted accounting practices and be available for review by the City at any
time. The City may make photocopies of any such records at the City's expense. All documents related
to the Project are public records and shall be retained and provided as required by law. Grantees shall
comply with the Texas Public Information Act.
b. All costs shall be supported by properly executed time records, invoices, contracts vouchers, orders,
and/or any other accounting documents pertaining in whole or in part to this Agreement, and all such
documents shall be clearly identified and accessible.
c. The Grantee will submit to the City periodic reports detailing the status of the Project as
requested.
d. The Grantee shall submit to the City a written final report upon completion of the Project. One copy of
the final report shall be submitted to the City no later than thirty-days (30) after completion of the Project.
The report shall include, at minimum, a one-page summary of the work completed during the Project, a
minimum four (4) photographs, not including the two (2) referenced in section (f) below, financial records
clearly showing an accounting specifically showing the Grantee's match towards the Project.
Photographs shall be provided of any educational programs, or other activity funded by the Project, or
any completed physical improvements(s). At the request of the City, the Grantee shall make available the
negatives or media recording devices for the photographs provided. The photographs shall become the
property of the City and will not be returned.
e. At the City's request, the Grantee shall provide additional information regarding any specific expenditure
or portion of the Grantee's match towards the total project cost. This information may include, but is not
limited to, volunteer sign-in sheets for each activity day used for the match as specified in the grant
application.
The Grantee shall submit to the City photographs taken of the site of any physical improvement funded
by this Agreement prior to any work being conducted. A minimum of two (2) photographs, one (1) each
from two different angles, shall be submitted. At the request of the City, the Grantee shall make available
the negatives or media recording devices for the photographs provided. The photographs shall become
the property of the City and will not be returned. Grantee should take care to obtain appropriate releases
from all people depicted in photographs provided to the City, as they will become public records and the
City reserves the right to use them in any way it deems appropriate including in printed material
distributed to the public. The City will provide copies of adequate releases if so requested.
g. The Grantee shall also furnish to the City, such time and in such forms as the City may require, such
statements, records reports, data, and information as the City may request.
Page 29 of 6
5. Fundinq and Expenditures:
a. The City will fund the Grantee in accordance with this Agreement, consistent with the authorized Project
and Budget.
b. Disbursements of monies needed for this Project will be made by the City's Project Manager. No
expenditures are authorized without prior approval of the City's Project Manager.
(1) Any reimbursements will be made only after the City's review and approval of all necessary and
appropriate documentation that will evidence payment of allowed expenditures for the items or tasks
listed in the Budget. Grantee shall provide all documentation required by the City. Failure to provide the
appropriate documentation shall result in denial of the reimbursement request. In order for the City to
process a reimbursement, the Grantee must provide the City with the association's tax identification
number or bank name and account number.
(2) The total amount of City funds disbursed for this project shall not exceed $ , except as
otherwise specifically provided herein.
(3) The Grantee agrees to provide the amount of $ or greater in matching funds (labor,
materials, and/or cash) towards the total cost of this Project. The Grantee must fully and completely
document each element of the Grantee's match so that the City may adequately ensure itself that the
match has been provided. Failure to adequately document the match shall disqualify that expenditure
from being credited toward the match.
(4) Such funds shall be expended as outlined in this Agreement, the Project and Budget.
(5) Funds may be withheld at any time during the term of this Agreement if the Grantee is not in
compliance with the terms or conditions of this Agreement or is in violation of any City Code or
Ordinance or State, Federal or other local laws. If funds are withheld, the Grantee may be ineligible to
apply for funds in subsequent years.
c. The Grantee agrees not to expend funds received under this Agreement for items that are not identified in
the Budget, and shall not expend funds in a total amount that exceeds the corresponding dollar value for
any items in the Budget, without prior written approval of the City's Project Manager.
d. If requested by the association and upon availability, the City's Project Manager may authorize an
increase of up to two hundred fifty dollars ($250.00) or ten percent (10%) of the funds identified in
subparagraph (b), whichever is lesser to complete the project. These additional funds may only be used
to complete the Project and shall not be used to fund activities or pay expenses contemplated by this
Agreement.
6. Grant Period
a. The term of this Agreement is from _, 2 through _, 2 . The
City's Project Manager may authorize the extension of this Agreement for up to 90 days, if the Project has
not been completed but the Grantee is in compliance with the Agreement and is taking reasonable steps
to complete the Project in a timely manner. Requests for extensions and decisions to approve or deny
extensions shall be made in writing and are within the City's sole discretion.
Page30of6
b. Funds shall be disbursed by the City in accordance with Paragraph 5 above. The Grantee shall be
reimbursed only for those expenditures made during the approved period and shall be made in
accordance with the attached budget.
c. Funds not expended by the expiration of the grant period or any extension thereof shall immediately
revert to the City.
7. Maintenance
a. By accepting this award, the Grantee agrees to maintain, if applicable, the Project to be completed with
this Grant. Maintenance shall include but not be limited to the routine watering, weeding, mulching,
trimming, mowing, and pruning of plant material, and the routine cleaning, oiling, repairing, painting, and
refinishing of signs, equipment or structures.
b. The Grantee agrees that the City shall not be responsible for, but if approved, may assist in, the repair or
replacement of any plant, sign, equipment or structure purchased through this Project which may be
necessary at some point due to accident, natural disaster, normal wear or other cause, including the
ongoing maintenance of any project.
c. If in the event the Grantee fails to maintain the Project in accordance with this agreement, the City shall
have the right to remove any and all improvements associated with the Project.
8. Non-Expendable Propertv:
a. For the purpose of this Agreement, "non-expendable property" shall mean any equipment or other
portable property that will not be consumed and has a life expectancy in excess of one year. Non-
expendable property shall not be construed to mean any physical improvement constructed as part of the
Project or any living plant material after it has been appropriately planted.
b. The Grantee shall provide the City a list of any non-expendable property purchased with these funds. The
list should identify the non-expendable property by description, model, serial number, date of acquisition
and cost.
Non-expendable property shall be owned by the City. The Grantee may retain possession of any non-
expendable property purchased with these funds subject to the following conditions:
(1) The Grantee shall use the non-expendable property for the purpose described in the Project.
(2) The Grantee shall not sell or dispose of any non-expendable property unless prior permission is
obtained from the City in writing.
(3) Unless otherwise specifically identified, the Grantee shall have the exclusive responsibility for the
maintenance of the non-expendable property, including routine cleaning, repair or replacement upon
theft, damage or excessive wear. This does not preclude the use of City funds to maintain non-
expendable property if such use is identified in the Project.
(4) Upon expiration or termination of this Agreement, the City shall have the right to take exclusive
possession, control and all other ownership rights of the non-expendable property. The Grantee shall
immediately return all non-expendable property to the City.
Page 31 of 6
(5) The City shall have the right to take exclusive possession, control and all other ownership rights of the
non�xpendable property at any time prior to the expiration of this Agreement if the Grantee violated any
terms or condition of this Agreement or the Project or Budget.
9. Compliance with Federal, State, and Local Laws: The Grantee shall comply with all Federal, State,
County, and local laws, regulations and ordinances at all times.
10. Reservation of Riqhts: The City reserves the right to visit, at any reasonable time, any project site funded
under this Agreement, and to review and analyze the financial or service records of the Grantee, for the purpose
of making inspections pertaining to this Agreement.
11. Termination of Aqreement: If, through any cause, the Grantee shall fail to fulfill in a timely and proper
manner its obligations under this Agreement, or if the Grantee shall violate any of the covenants, agreements or
stipulations of this Agreement, the City will thereupon have the right to immediately terminate this Agreement by
giving notice to the Grantee of such termination. Further, if the Grantee uses any funds provided by this
Agreement for any purpose or program other than authorized under this Agreement, the grantee shall repay such
amount and be deemed to have waived the privilege of receiving additional funds under this Agreement.
The City may terminate this Agreement for any reason and without penalty upon giving the Grantee ten (10) days
written notice. Notice of such termination will have been given when the notice is sent by certified mail return
receipt requested to the Grantee's project manager as identified in this Agreement.
Notwithstanding the above, the Grantee shall not be relieved of liability to the City for damages sustained by
virtue of any breach of Agreement by the Grantee and the City may withhold any payments to the Grantee equal
to the amount of damages until such time as the exact amount of damages due the City from the Grantee is
determined.
The City's liability and obligations to the Grantee or any person having a claim pursuant to the Agreement or to
the operation of a program provided by these funds shall be limited solely to the amount and terms of this
Agreement.
If the City for any reason terminates this Agreement, then the City may declare that the Grantee is not eligible to
receive funds through this or other similar programs in subsequent years.
12. Indemnification: The Grantee will defend, indemnify and hold harmless the City from any and all claims,
demands, suits or damages for any form of negligence or otherwise, including those arising from personal injury
or bodily or property damages, in connection with any of the actions performed pursuant to this Agreement,
including, but not limited to, matters arising out of the non-expendable property referred to in Paragraph 8 above.
All persons performing any activities in connection with the project must execute a release and hold harmless
agreement in the form attached hereto. All original release and hold harmless agreements shall be delivered to
the City. Any person not executing a release and hold harmless agreement shall not be allowed to perform any
activities in connection with the project.
13. Discrimination: No person shall, on the grounds of race, color, national origin, sex, gender, sexual
preference, age, marital status or disability, be excluded from participation in, be denied the benefits of, or be
subject to discrimination under any program or activity funded in whole or in part through this Agreement. The
Grantee agrees not to violate this provision.
14. Special requirements for proiects in citv-owned riqhts-of-wav: The following additional requirements shall
apply to projects which involve temporary or permanent work in city-owned rights of way including placement of
vegetation, signs, benches, lights, decorative statuary, etc.:
Page 32 of 6
a. The Grantee is responsible for repair of any fixture, sidewalk, vegetation or other feature in rights-of-way
or adjacent private property that may be damaged through implementation of the Project.
b. The City at some future time may require use of the right of way occupied by a Project. In such a case,
any improvements in the City right-of-way shall be removed by the Grantee, the City shall not be
responsible for replacement of the Project.
c. The Grantee must obtain the appropriate consent from the City for placement and/or use of the right-of-
way for any project which involves placement of vegetation, signs or other structures in the right- of-way
shall comply with all regulations including obtaining building permits, right-of-way or other permits and
inspections as necessary.
15. Citv as owner of propertv in citv-owned riqhts of wav: For any project which involves the placement or
installation of any property or structure, including but not limited to signs, benches, lights or statuary, within a
right of way or on City-owned property, such property or structure shall become the sole property of the City.
16. Governinq law: This Agreement shall be construed under and covered by the laws of the State of Texas.
IN WITNESS WHEREOF, the City and Grantee have executed this Agreement as of the date first above
written
CITY OF DENTON, TEXAS
ATTEST:
City Clerk
WITNESS:
BY:
GRANTEE BY:
TITLE:
Mayor or Designee
Page 33 of 6
Attachment "D"
Exhibit 7
CITY OF DENTON RELEASE AND WAIVER OF CLAIMS,
HOLD HARMLESS AND INDEMNITY AGREEMENT
This City of Denton Release and Waiver of Claims, Hold Harmless Agreement, and Indemnity
Agreement ("Agreement") is made this day of , 2
by ("Grantee") for the Neighborhood Partnership
Matching Grant for the City of Denton, Texas ("City").
WHEREAS, City has entered into an agreement to allow the
to improve the neighborhood through the neighborhood grant which requires Grantee assistance.
NOW,
acknowledge,
follows:
THEREFORE, for good and valuable consideration the receipt of which is hereby
and in order to fulfill the obligations under this Agreement, the Grantee agrees as
1. The undersigned Grantee does hereby RELEASE AND FOREVER WAIVE ANY AND
ALL PRESENT AND FUTRUE CLAIMS, COVENANT NOT TO SUE, and HOLD the City of Denton,
its City Council, any City Department, City Subdivision, its employees, servants, representatives,
officers, agents, successors, and assigns (hereinafter referred to as "releasees"), HARMLESS from
and against any and all claims, damages, liabilities, actions, costs or expenses, including but
not limited to, attorney's fees and costs on account of injury to the person or property or
resulting in death of the undersigned whether arisinq out of or caused bv the neqliqence of
anv or all of the releasees or otherwise, or whether arising out of or caused by any defect, or
presence or absence of any condition of, or in or on any real property, premised, City property
or thoroughfare, or any City vehicle while the undersigned is participation in any aspect of the
Neighborhood Grant Program.
2. The undersigned Grantee agrees to indemnify and hold and save the City harmless
from any and all damages, loss or liability occurring by reason of any injury of any person or property
which may occur as a result of satisfying the obligation of the agreement or occasioned by an act or
omission, neglect, or wrongdoing of the Grantee and Grantee will, at his/her own cost and expense,
defend and protect the City against any and all such claims or demands which may be claimed to
have arisen as a result of or in connection with satisfying the obligations of the agreement.
3. The undersigned expressly agrees that this City of Denton Release and Waiver of
Claims, Hold Harmless Agreement, and Indemnity Agreement is intended to be as broad and
inclusive as is permitted by the law of the State of Texas, and if any portion thereof is held to be
invalid, it is agreed that the balanced shall, notwithstanding, continue in full legal force and effect.
4. The undersigned Grantee has read and voluntarily signs the City of Denton Release
and Waiver of Claims, Hold Harmless Agreement, and Indemnity Agreement, and further agrees that
no oral representations, statements or inducements apart from the foregoing written Agreement have
been made.
5. The undersigned Grantee agrees that he/she has been hereby encouraged to seek the
advise of his/her own attorney prior to singing this City of Denton Release and Waiver of Claims, Hold
Page 34 of 6
Harmless Agreement, and Indemnity Agreement and has been given the opportunity to seek such
counsel.
6. The undersigned Grantee acknowledges the fact that this release, including his or her
address and phone number will become a public record and will be available to members of the
public upon their request.
GRANTEE:
Sign:
Print:
Address:
Phone:
Page 35 of 6
Exhibit 8:
NEIGHBORHOOD PROJECT GRANT AWARD CYCLE
2013
May November
S M T W T F S S M T W T F S
1 2 3 4 1 2
5 6 7 8 9 10 11 3 4 5 6 7 8 9
12 13 14 15 � 17 18 10 11 12 13 14 15 16
19 20 21 22 23 24 25 17 18 19 20 21 22 23
26 27 28 29 30 31 24 25 26 27 28 29 30
December
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
Exhibit 9
Neighborhood Project Grant Award Calendar
2012 Annoucement and Training Schedule
Grant Annoucement December 10, 2012
Training Workshop week of December 17, 2012
2013 Neighborhood Project Matching Grant
��� Training Workshop
Grant Cycle Opens
��� Grant Cycle Closes
��� CDNPP Distrubution Date
Advisory Board Meeting
City Manager's Approval Meeting
Award Announcement
Exhibit 10
Neighborhood Empowerment Program Marketing Plan
I. Purpose Statement
The purpose of the Neighborhood Empowerment Program Marketing Plan (Plan) is
to ensure neighborhood associations or groups have the opportunity to establish
neighborhood programs and projects that furthers the neighborhood's
appearance, community pride, safety, public health, and overall quality of life.
II. Marketing Plan Objective
The Plan's objective is to inform neighborhood associations and groups of funding
availability as well as assisting them in completing a grant application. This
comprehensive marketing strategy goal is reach all registered neighborhoods,
neighborhoods listed in the Denton Neighborhood Network and informal groups
who recognize the need for neighborhood improvement.
III. Marketing Strategies
The proposed marketing strategies will assist the City of Denton Neighborhood
Planning Program (CDNPP) with the task of contacting neighborhood associations
and Denton residents regarding this funding.
A. Primary Strategy - Target Market Penetration
1. Press Release
2. Announcements on Engage Denton, Facebook, and Twitter
3. Announcement via Neighborhood Resource Officers Neighborhood
Watch Groups
4. Flyers emailed to Associations
5. Flyers in key locations
i. Libraries
ii. Recreation Centers
iii. City Hall - Main, East, and West
iv. Customer Service
v. Human Resources
vi. DCTA Train Station
vii. Denton County Administration Building
viii. Denton County Building on McKinney Street
ix. Mary and Jim Horn Government Building
Page 38 of 6
6. Training Workshops
i. A minimum of four during the fiscal year
B. Secondary Strategy - Recollection Approach
1. Email Blast from the Communications Group
i. Reminder announcement
ii. Opening date announcement
iii. Closing date announcement
iv. Award recipient announcement
v. Announcement of Award Cycle
vi. Announcement of Training Workshop
vii. Announcements at Neighborhood meetings
2. Brochures at Festivals and city events
3. Announcements and brochures at Neighborhood meetings
Page39of6
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2013
DEPARTMENT: Planning & Development
ACM: John Cabrales `�.C"'�
�,)
SUBJECT — DCA12-0005 — Phccse II Gccs Well D�illing ccnd P�oduction O�dinccnce Revisions
Consider approval of the Planning and Zoning Commission (P&Z) recommendation to Approve
DCA12-0005, with the Condition that City Council will continue to revise the ordinance
language based on their goals. The P&Z recommended approval by a 6-1 vote.
PRIOR ACTION/REVIEW
On October 1, 2012, the advisory Gas Well Taslc Force held a public meeting.
On October 2, 2012, the draft was ordinance posted on the City's website for public review and
comment until October 12, 2012.
On October 22, 2012, the advisory Gas Well Taslc Force held a public meeting.
On October 24, 2012, P&Z continued the public hearing for DCA12-0005 to their November 14,
2012 meeting by a 7-0 vote.
On November 6, 2012, the City Council received a report, held a discussion, and gave staff
direction regarding the Phase II amendments of the City's Gas Well Ordinance.
On November 13, 2012, the City Council received a report, held a discussion, and gave staff
direction regarding the Phase II amendments of the City's Gas Well Ordinance.
On November 14, 2012, P&Z continued the public hearing for DCA12-0005 to their November
28, 2012 meeting by a 6-0 vote.
On November 28, 2012, P&Z voted 6-1 to recommend Approval, with the Condition that City
Council will continue to revise the ordinance language based on their goals, of DCA12-0005.
On December 4, 2012, the City Council received public input regarding the Phase II amendments
of the City's Gas Well Ordinance.
On December 18, 2012, the City Council continued the public hearing for DCA12-0005 to their
January 15, 2013 meeting by a 6-0 vote.
BACKGROUND
As the Prior Action/Review section illustrates, DCA12-0005 has been the subject of several
public meetings in recent months. As the ordinance has evolved to include additional legal,
scientific, and public comment, details presented during those meetings and the staff reports
written for each meeting have been updated to reflect those revisions and provided as baclaip
materials for City Council's December 18, 2012 meeting. This meeting provides City Council
an opportunity to review other Council directed revisions in the draft ordinance since the
December 18 meeting. In addition, staff is available to clarify any confusing or ambiguous
language in the ordinance.
Additional changes made specifically for this draft are listed below. Please note that all page
references below pertain to the "redline version" of the gas well ordinance, Exhibit 1.
1. On Page 4-5, for the definition of "Habitable Structure" in the second sentence, delete the
reference to "mobile homes" since it is a habitable structure and is included in the term
"dwelling" in Subchapter 23. Also, in the second sentence, delete the word
"nonhabitable."
2. On Page 7, for the definition of Protected Use, amend it to include a"hotel" and "motel."
3. On Page 13, under Section 35.22.S.A.1, delete subsection "d." and reletter the remaining
sections accordingly.
4. On Page 53, under Section 35.22.16.A.1, in the fifth line before the word criteria, insert
the word "relevant."
5. On Page 53, under Section 35.22.16.A.1.b, after the heading, "Standard of review for
variances," add the following sentence, "In deciding variance requests, the Board of
Adjustment shall consider, where applicable, the following relevant criteria."
6. On Page 54, under Section 35.22.16.A.l.b.x, at the end of the subsection after the semi-
colon, delete the word "and."
7. On Page 54, under Section 3522.16.A.l.b.xi2, at the end of the sentence, delete the
"period" and insert a semi-colon followed by the word "and."
8. On Page 54, under Section 35.22.16.A.1.b., add new subsection "xii," to read as follows:
xii. Where a variance is requested to reduce separation standards in 35.22.S.A.1, in
addition to other relevant criteria, the extent to which owners of Protected Uses,
or freshwater wells currently in use, or previously platted subdivision where one
or more lots have habitable stnictures, have consented to the reduction in
separation standards in writing."
At the December 18, 2012 public hearing, City Council extended the current moratorium on new
gas well drilling to evaluate the public input received, for inclusion in the ordinance, and to allow
staff to malce Council directed revisions. Supplementary public input is anticipated during the
January 15 public hearing, and the possibility of continued complexity of the ordinance and
applicable public comments may necessitate further revisions to the ordinance. The moratorium
was extended until Febniary 20, 2013 and would remain in effect if the public hearing were
continued to Febniary 5, 2013. This will allow additional input if necessary but should also
include fourteen (14) days after City Council's action to allow for posting until the effective date
of the ordinance.
This fifth draft version of the ordinance was posted online and made available in hard copy
format at City Hall, City Hall West, and the three City libraries. In addition, a public notice of
the hearing was sent to the Denton Record Chronicle for posting on December 27, 2012; a press
release notice of the upcoming hearing was also sent to the Denton Record Chronicle for posting;
the press release was forwarded to the DAG group, Task Force members, and additional parties;
the City's main webpage was updated with the public hearing notice; and the Gas Well
Inspections Division website was revised to include details of the upcoming public hearing.
RECOMMENDATION
Hold a City Council worlc session to address any outstanding concerns in preparation of the
scheduled public hearing continuation of DCA12-0005 during City Council's meeting on
January 15, 2013.
EXHIBITS
1. Draft Ordinance — Redline Version
2. Draft Ordinance — Clean Version
Prepared by:
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Brian Locldey, AICP, CPM
Director,
Planning and Development Department
Respectfully submitted:
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John Cabrales
Assistant City Manager
for Development
s:��,planning'�,cc relnted,vear 2013'�,01-.jnn��,01.08.13��,st��ffreports��,dca12-000� subchapter 22�,dca12-000� subchapter 22_eshibit l.docs
Exhibit 1
Redline Ordinance Version35.22.1. - Purpose, Authority and Applicability.
A. Purpose. The drilling and production of gas and the development of gas well facilities
within the corporate linuts of the City necessitate promulgation of reasonable regulations
to prevent devaluation of property; to protect watersheds; to prevent deleterious uses of
groundwater resources that actually or potentially threaten the health of persons in
proximity to drilling and production activities; to prevent or moderate noxious enussions
of gases that potentially threaten the health of nearby residents and employees; to prevent
injury to persons and property; to ensure that gas well drilling and production activities
are compatible with adj acent land uses throughout the duration of such activities; and to
assure that such activities conform to The Denton Plan. The regulations contained in this
Subchapter are designed to protect the health, safety, and general welfare of the public
and to assure that the orderly and practical development of mineral resources is
compatible with the quiet enj oyment of affected surface estates. The regulations
contained in this Subchapter are designed to implement the purposes set forth in this
subsection and are supported by the following findings of fact:
1. Gas well drilling and production activities create externalities that potentially threaten
the health, safety and general welfare of persons residing or worlcing on property in
proxinuty to such operations.
2. Gas well drilling and production activities, in the absence of local regulatory controls,
may generate noxious aerial enussions, introduce contanunants into groundwater,
emit high noise levels, produce large volumes of dust, congest local streets, present
fire hazards and produce other deleterious effects, all of which fall disproportionately
on adjacent land uses, and which can result individually or cumulatively in injury to
persons and destabilization of property values in the vicinity of such operations.
3. The City of Denton recognizes that the United States and the State of Texas regulate
gas well drilling and production activities for the purpose of implementing broad air
quality and water quality goals. The regulations in this Chapter are intended to
supplement such standards in order to implement compatible local objectives that
assure the health, safety and general welfare of the City's residents and businesses.
B. Authority. This Subchapter is adopted pursuant to authority vested under the
constitution and laws of the United States, the State of Texas and the City of Denton.
Each authorization identified in this Subchapter shall be constnied as an exercise of the
City's zoning powers, pursuant to the Denton City Charter, Texas Local Government
Code Chapters 211 and 212 and the provisions of Subchapter 35.5 of the Denton
Development Code (DDC).
C. Applicability. The provisions of this Subchapter apply only within the corporate linuts
of the City of Denton, except as otherwise stated in section 35.16.19 of the DDC.
35.22.2. - Definitions.
All technical industry words or phrases related to the drilling and production of gas wells not
specifically defined shall have the meanings customarily attributable thereto by pnident
operators in the gas industry. For the purposes of this Subchapter, the following definitions,
without regard to whether the defined terms are capitalized when used, shall apply unless the
context clearly indicates or requires a different meaning.
Ambient Noise Level. An all-encompassing noise level associated with a given environment. A
composite of sounds from all sources (excluding the noise in question) at the location and
approximate time at which a comparison with the noise in question is to be made. In this context,
the ambient noise level constitutes the normal or e�sting level of environmental noise at a given
location. The ambient noise level is established by recording sounds from all sources (excluding
the noise in question) over a continuous seventy-two (72) hours period at the location prior to
drilling. The seventy-two (72) hour time span shall include at least one twenty-four (24) hour
reading during either a Saturday or Sunday.
Blowout Preventer (BOP). A mechanical, hydraulic, or pneumatic apparatus, or combination of
such apparati, that can be secured over top of an open wellbore, or drill pipe or casing tubular
that„ via remote act�iators, can be actuated remotely in the event that an emergency well control
situation arises. The primary function of the BOP is to shut the well and to regain pressure
control of the formation fluids from blowing out of the well.
Closed-loop mud system. A system that uses a combination of solids control equipment
incorporated in a series of steel tanks that eliminates the use of a pit.
Commencement of Drilling Activities. The reflection of either "Spud Well" or "Nipple Up" the
Blow Out Protectors (BOP) by the drilling contractor on the IADC-API Daily Drilling Report
Form maintained by the Operator's tool pusher on the pad site.
Completion combustion device. Any ignition device, installed horizontally or vertically, used
in exploration and production operations to combust otherwise vented emissions from
completions.
Completion of drilling, re-drilling and re-working. The date the worlc is completed for
drilling, re-drilling, or re-worlcing, and the crew is released by completing its work or contracted
by its employer.
Contaminant. Any substance capable of contaminating a non-related homogeneous material,
fluid, gas or environment. Daytime. The period from 7:00 am to 7:00 pm., Monday through
Friday; and from 8:00 am to 5:00 pm., Saturdays and Sundays.
Delineation well. A well drilled in order to deternune the boundary of a field or producing
reservoir.
2
Drilling. Term used to typically describe the means by which the earth is bored to create a
pathway to formations containing hydrocarbons to allow for their production to the surface. It
can employ various types of mobilized drilling equipment to create a wellbore while
incorporating drilling fluids to cool the bit, to condition the hole, to remove drilled cuttings and,
most critically, to maintain an overbalanced pressure gradient against the formation that may
contained inherently pressurized well fluids.
Drilling and Production Site (A/K/A Gas Well Park, Gas Well Pad Site, and Drilling and
Production Area). The area dedicated to all gas well drilling or production activities, or both,
including the drilling and production area , all stnictures, closed-loop systems, dehydrators,
parlcing areas, security cameras, lighting, tanlcs, tanlc battery (or any other tanlc grouping area),
drilling rigs, separators, compressors, perimeter walls, utilities, and all other features or objects
contemplated for use during and after gas well drilling or production activities, as designated on
the Gas Well Development Plat or Gas Well Development Site Plan. Excluded from this
definition are gathering and transmission lines and compressor stations.
Drill Site. The area used for drilling, completing, or re-worlcing a well.
Emergency Action Plan (EAP). A written document which includes a set of procedures
intended to guide an organization's response to an accident or emergency.
Exploration. Geologic or geophysical activities, including, but not limited to surveying and
seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons.
Field Natural Gas. Natural gas extracted from a production well prior to entering the first stage
of processing, such as dehydration.
Flowback. The process of allowing fluids to flow from a natural gas well following a treatment,
either in preparation for a subsequent phase of treatment or in preparation for cleanup and
returning the well to production. The flowbacic period begins when material introduced into the
well during the treatment returns to the surface immediately following hydraulic fracturing or
refract�iring. The flowback period ends with either well shut in or when the well is producing
continuously to the flow line or to a storage vessel for collection, whichever occurs first.
Freshwater Well. A private water well used by a protected use.
Gas. Gas or natural gas, as such terms are used in the niles, regulations, or forms of the RRC.
Typically, a nanirally-occurring gaseous substance primarily composed of inethane and other
light, gaseous hydrocarbons.
Gas Processing Facility. A processing site engaged in the extraction of natural gas liquids from
field natural gas, or the fractionation of nuxed natural gas liquids to natural gas products, or a
combination of both.
-,
�
Gas Production (A/K/A Production). The phase that occurs after successful exploration,
drilling and development involving operations including, but not limited tq gas wells, tanlcs,
dehydrators, separators, mud pits, ponds, tanlc batteries or associated mechanical equipment, and
during which hydrocarbons are e�tracted from the gas field, excluding those operations and
facilities as defined and regulated by the Pipeline Safety Act of 1994, 49 U.S.C. §§ 60101—
60137.
Gas Well. Any well drilled for the production of gas or classified as a gas well under the Texas
Natural Resources Code.
Gas Well Permit. Any written license granted by the City of Denton for the exploration,
drilling, development, production, and operation of natural gas, issued pursuant to niles and
regulations of this Subchapter. A Gas Well Permit is required for each well.
Habitable Structure. Stnictures suitable for human habitation or occupation for which a
Certificate of Occupancy or Final Inspection Certificate is required, including but not linuted to
single or multi-family dwellings, accessory guest houses, hotels, condominium buildings, public
buildings, and enclosed buildings used for commercial or industrial purposes. A habitable
stnicture shall not include accessory buildings, barns, garages and sheds.
Hazardous Materials Management Plan. The hazardous materials management plan and
hazardous materials inventory statements required by the Fire Code.
Hydraulic Fracturing. The process of directing pressurized fluids containing any combination
of water, proppant, and any added chemicals to penetrate tight formations, such as shale or coal
formations, that subsequently require high rate, extended flowbacic to expel fracture fluids and
solids during completions.
Hydraulic Refracturing. Conducting a subsequent hydraulic fracturing operation at a well that
has previously undergone a hydraulic fracturing operation.
Lift Compressor. A mechanized device that compresses gas prior to its introduction into a well
for use in lifting well liquids to the surface.
Lightning Protection System. An integrated system designed to ground metal equipment on a
rig, well pad or at a tank battery location for protection against electrical shock, fire or explosion
due to lightning.
Line Compressor. An electrical or gas-powered-pumping device that increases the pressure of
natural gas so that its pressure exceeds that of the inherent line pressure of the pipe to which it is
being introduced.
Liner. In pit constniction, a liner is an impervious material, either synthetic or natural, that is
used to line the interior of a pit to prevent pit fluids from lealcing or leaching into the
environment. In well constniction, a liner is a tubular sheath employed downhole for a variety of
4
purposes, such as isolating a particular zone, repairing casing lealcs, augmenting the integrity of
the hole size, among others.
Low pressure gas well. A well with reservoir pressure and vertical well depth such that 0.445
times the reservoir pressure (in psia) nunus 0.038 times the vertical well depth (in feet) minus
67.578 psia is less than the flow line pressure at the sales meter.
New Well. A well bore drilled from surface or new lateral wellbore drilled from an existing
vertical pilot hole at a depth different from other laterals in the same well; or a section of an
existing well that is purposefully deviated or "lcicked-off' around an abandoned lower section of
the initial hole. Not to be confused with recompletion.
Nighttime. The period commencing at 7:00 p.m. and ending at 7:00 a.m., Monday through
Friday and from 5:00 p.m. to 8:00 a.m., Saturdays and Sundays.
Nipple Up. The process of assembling well-control or pressure-control equipment on the
wellhead.
> > > >
„r^�'��^°�' „^*��r^' �^�.Oil and Gas Inspector or Inspector. An inspector designated by the
City of Denton that is responsible for evaluating the impacts of exploration, development, and
production of oil and/or gas wells. Responsibilities include environmentally sensitive areas
review, erosion control inspection, monitoring, and evaluating compliance with federal, state,
and local regulations. Also responsible for processing and approving Gas Well Development
Plat, Gas Well Development Site Plan and Gas Well Permit applications.
Operator. The person(s) in charge and in control of drilling, maintaining, operating, pumping,
or controlling any well or pipeline including without limitation, a unit operator.
Petroleum Specialist. A person familiar with and educated in the oil and gas industry who has
been retained by the City.
Pit. A temporary or permanent containment for circulated fluids. A pit shall include:
Completion/Worlcover pit: Pit used for storage or disposal of spent completion fluids,
worlcover fluids and drilling fluid, silt, debris, water, brine, oil scum, paraffin, or other
5
materials which have been cleaned out of the wellbore of a well being completed or
worlced over.
Drilling fluid disposal pit: Pit, other than a reserve pit, used for disposal of spent drilling
fluid.
Fresh malceup water pit: Pit used in conjunction with drilling rig for storage of water
used to malce up drilling fluid.
Mud circulation pit: Pit used in conjunction with drilling rig for storage of drilling fluid
currently being used in drilling operations.
Reserve pit: Pit used in conjunction with drilling rig for collecting spent drilling fluids;
cuttings, sands, and silts; and wash water used for cleaning drill pipe and other equipment
at the well site. Reserve pits are sometimes referred to as slush pits or mud pits.
Saltwater disposal pit: Pit used for disposal of produced salt���ater.
Washout pit: Pit located at a tnicic yard, tanlc yard, or disposal facility for storage or
disposal of oil and gas waste residue washed out of tnicks, mobile tanks, or slcid-mounted
tanlcs.
Water Condensate pit: Pit used in conjunction with a gas pipeline drip or gas compressor
station for storage or disposal of fresh water condensed from natural gas.
Plugging and Abandonment. "Plugging" as defined by the RRC and includes the plugging of
the well, abandoned, orphaned or otherwise, and restoration of the Drilling and Production Site
as required by this Subchapter.
Protected Use. Any dwelling, church, public parlc, public library, hospital, pre-lcindergarten,
lcindergarten or elementary, nuddle or high school, public pool, public transit center, senior
center, public recreation center, hotel or motel.
Railroad Commission (RRC). The Railroad Commission of Texas.
Reduced emissions completion. A well completion following fracturing or refracturing where
gas flowbacic that is otherwise vented is captured, cleaned, and routed to the flow line or
collection system, re-injected into the well or another well, used as an on-site fuel source, or used
for other useful purpose that a purchased fuel or raw material would serve, with no direct release
to the atmosphere.
Re-working. Re-completion or re-entry of an existing well within the existing bore hole or by
deepening or sidetracic operations which do not extend more than one hundred fifty (150) feet
from the existing well bore, or replacement of well liners or casings.
6
Site-specific authorization means the prior approval by ordinance of City Council, of one or
more specifically located and defined gas well site locations, subject to further site design,
development, regulatory and permitting requirements, as set forth in this Code or as specified
within the site approval ordinance (or both), as applicable.
Spud. The first time the drill bit enters the ground for gas well drilling and production.
Tank. A natural or man-made container, covered or uncovered, in which to store, contain or nux
liquids or hydrocarbons used or produced in conjunction with the drilling, stimulation or
production operations of an oil or gas well.
Technical advisor. 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 of
Denton.
Well. A hole or bore drilled to any horizon, formation, or strata for the purpose of producing
natural gas, or liquid hydrocarbons.
Well completion. The process that allows for the flowbacic of petroleum or natural gas from
newly drilled wells to expel drilling and reservoir fluids and tests the reservoir flow
characteristics, which may vent produced hydrocarbons to the atmosphere via an open pit or
tanlc.
Well completion operation. Any well completion with fracturing or refracturing occurring at a
gas well affected facility.
Wildcat well. A well outside lcnown fields or the first well drilled in an oil or gas field where no
other oil and gas production exists.
Workover Operation. Work performed on a well after its initial completion to secure
production where there has been none, to restore production that has ceased, or to enhance or
increase production within the zone originally completed.
35.22.3. - Zoning District Classifications for Gas Well Drilling and Production.
A. The drilling and production of gas within the corporate limits of the City shall be
pernutted by right within the Rural Residential (RD-5) or within any unzoned area of the
City that is subject to the use regulations of the RD-5 District, Rural Commercial (RC),
Neighborhood Residential 1(NR-1), Neighborhood Residential 2(NR-2), Regional
Center Commercial Neighborhood (RCC-N), Regional Center Commercial Downtown
(RCC-D), Employment Center Commercial (EC-C), Employment Center Industrial (EC-
I), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning
Districts, except as provided in subsection B, and subject to compliance with the
requirements of this Subchapter.
7
B. The drilling and production of gas within the corporate limits of the City in all other
zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter
35.6, or through approval of a Detailed Plan in a Planned Development (PD) district, or
site-specific authorization in Master Planned Community (MPC) district.
Notwithstanding the provisions of Subsection A, approval of a Specific Use Pernut also
shall be required for gas well drilling and production on any land located within the 100-
year flood fringe or within one thousand, two hundred (1,200) feet of the flood pool
elevation of Lalce Ray Roberts or Lalce Lewisville.
1. An application for a Specific Use Permit, or site-specific authorization in a planned
development district (PD) or master planned community district (MPC), for the
drilling and production of a gas well shall be filed by the person having legal
authority to do so. That person is presumed to be the record owner, nuneral owner, or
the duly authorized agent of either the record owner or the nuneral owner. The
Director of Planning and Development may require an applicant to subnut
information of authority to file an application.
2. The Chairman of the DRC has the authority to establish requirements for applications
in the Application Criteria Manual. No application shall be accepted for filing until it
is complete and the fee established by the City Council of the City of Denton has
been paid. Incomplete applications shall be returned less a fee for processing
determined by the Director of Planning and Development.
3. Approval of a SUP, a detailed plan in a PD District or site-specific authorization in a
MPC district, shall be conditioned on compliance with the requirements of this
Subchapter.
35.22.4. - Required Authorization for Gas Well Drilling and Production in City Limits.
A. No gas well drilling or production activities may commence within the City linuts until
the following authorizations have been obtained, in the following sequence:
1. Approval of a Specific Use Pernut, where required by Section 35.22.3.B, approval of
a Detailed Plan in a PD district, or site-specific authorization in a MPC district;
2. Approval of a Watershed Protection Pernut, where location of any gas well drilling or
production activities is proposed on land in the flood fringe or in an Environmentally
Sensitive Area (ESA), subject to the application requirements and standards of
Section 3522.S.A.8;
3. Approval of a Gas Well Development Site Plan, subject to the application
requirements and standards of Section 35.22.6; and
4. Approval of a Gas Well Pernut, subject to the application requirements and standards
of Section 3522.7.
8
B. An application for any authorization for gas well drilling and production listed in
Subsection A may be submitted simultaneously with any other listed application, but the
applications must be approved in the numerical order listed. No subsequent application
shall be determined to be complete and hereby is deemed to be incomplete until all
required prior applications have been approved, and no completeness deternunation shall
be made until such prior applications have been approved.
C. Approved applications for gas well drilling and production shall expire under the
following circumstances:
1. A Specific Use Pernut, or site-specific authorization in a PD district or MPC district,
expires according to its terms;
2. A Watershed Protection Pernut expires with the expiration of a Gas Well
Development Site Plan.
3. A Gas Well Development Site Plan expires unless a complete application for a Gas
Well Permit has been filed within one (1) years of the date of approval of the site
plan.
4. A Gas Well Permit expires if gas well drilling activities have not commenced within
six (6) months of the date of approval of the Gas Well Pernut.
5. The expiration of any subsequent application results in the expiration of all prior
approved applications for the same activity.
D. Approved applications for gas well drilling and production may not be extended prior to
expiration. Following expiration of an approved application for gas well drilling and
production, a new application must be submitted, which shall be subject to all DDC
standards and procedures then in effect.
E.
E. The authorizations required by this Subchapter are in addition tq and not in lieu of, any
pernuts that may be required by any other provision of the Denton City Code or by any
other government agency.
F.Legal Non-Conformity; Exceptions.
The provisions of Subchapter 11 are applicable to gas well drilling and production
activities. For purposes of Subchapter 11, the drilling of a new gas well and
associated production activities do not constitute an existing use. Every Operator of a
Drilling and Production Site that has been annexed into the City shall register the
Drilling and Production Site within 30 days of the effective date of the annexation.
2. Unless the City deternunes that an exemption provided under Texas Local
Government Code, Section 245.004 or successor statute applies to an amendment to
9
the standards and procedures in DDC Subchapters 3 5.16, 3 5 22 and 3 5 23, or that
Texas Local Government Code, Chapter 245 otherwise is inapplicable to permits for
gas well drilling and production, such standards or procedures, except to the extent
necessary to give effect to this subsection F, do not apply to the authorizations
identified in subsection 3522.4.A, if, on the effective date of such amendatory
ordinance, the following circumstances existed:
a. For a specific use permit, an application s was pending on the effective date of
the amendatory ordinance; or
b. For a detailed plan for a PD districtcreated on or after April 27, 2005, an
application for the detailed plan was pending on the effective date of the
amendatory ordinance; or
c. For a detailed plan for a PD district created on or after Apri127, 2005, but before
the effective date of the amendatory ordinance, an application for the detailed
plan submitted after the effective date of the amendatory ordinance was pursuant
to a conceptual plan for development approved with the ordinance establishing
the PD district that identifies the location and the nat�ire and extent of the
activities to be developed on land designated for future gas well drilling or
production; or
d. For a Gas Well Development Site Plan or Gas Well Development Plat (including
any associated Watershed Protection Pernuts), an application was pending on the
effective date of the amendatory ordinance; or
e. For a Gas Well Development Site Plan or Gas Well Development Plat (including
any associated Watershed Protection Pernuts), an application was submitted after
the effective date of the amendatory ordinance for a Drilling and Production Site
that was the subject of: (1) a specific use permit approved or pending on the
effective date of the amendatory ordinance; or (2) a detailed plan for a PD district
created on or after April 27, 2005, but before the effective date of the amendatory
ordinance, that identifies the location and the nature and extent of the activities to
be developed on land designated for future gas well drilling or production; or (3)
an MPC district created on or after Apri127, 2005, but before the effective date of
the amendatory ordinance, that identifies the location and the nature and extent of
the activities to be developed on land designated for future gas well drilling or
production.
£ For a Gas Well Permit, an application was pending on the effective date of the
amendatory ordinance; or
g. For a Gas Well Permit, an application was submitted after the effective date of the
amendatory ordinance pursuant to a Gas Well Development Site Plan or Gas Well
Development Plat approved or pending on the effective date of the amendatory
10
ordinance that identifies the Drilling and Production Site to which the application
applies.
Authorizations or applications excepted under this subsection 2 are subject to all gas
well drilling and production standards in effect immediately prior to the effective date
of the amendatory ordinance, and to any standards or procedures effected by the
amendatory ordinance which the City deternunes to be exempt from the application
of Texas Local Government Code Chapter 245.
4. To the extent that any exception provided under this subsection 2 is dependent on an
application pending on the effective date of an amendatory ordinance, such
application must have been approved subsequently in order for the exception to
apply.
Any person who has been denied an exception under Subsection 2 for one or more
pending applications, or who otherwise claims that he has obtained a vested right
pursuant to Texas Local Government Code, Chapter 245 or other applicable vesting
law for such applications, may request a deternunation pursuant to Section 35.3.8 of
the DDC.
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• ■■
35.22.5. - Standards for Gas Well Drilling and Production.
A. The drilling and production of gas wells within the City limits shall be subject to the
following standards.
1. Separation standards. The following requirements apply only within City limits.
a. No Drilling and Production Site may be located within one thousand (1,000)
feet of any Protected Use, or freshwater well currently in use at the time a
complete application for a Gas Well Development Site Plan is filed, or within
one thousand (1,000) feet of any lot within a previously platted residential
subdivision where one (1) or more lots have one (1) or more habitable stnictures.
b. Except where more stringent separation distances are specified, the minimum
separation distance between a Drilling and Production Site and all other habitable
stnictures other than those listed in 35.22.S.A.l.a, shall be five hundred (500) feet.
c. The nunimum separation requirement established in 3522.S.A.l.a above may be
reduced via the granting of a variance by the Zoning Board of Adjustment. Except
that the Zoning Board of Adjustment shall not reduce the nunimum separation
distance any less than five hundred (500) feet.
11
d. Notwithstanding any other provision of this subsection, a Protected Use or lot
within a previously platted residential subdivision where one (1) or more lots have
one (1) or more habitable stnictures may be located as close as two hundred fifty
(250) feet of a pre-existing Drilling and Production Site, provided that the lots or
Protected Use is not served by a freshwater well that is located within one
thousand (1,000) feet of the drilling and production area.
e. Separation distances shall be measured from the boundary of the Drilling and
Production Site identified on the Gas Well Development Site Plan, in a straight
line, without regard to intervening stnictures or objects, to the closest exterior
point of any stnicture occupied by a Protected Use, or freshwater well currently in
use at the time a complete application for a gas well development site plan is
filed, or the closest lot line of any undeveloped lot within a previously platted
residential subdivision where one (1) or more lots have one (1) or more stnictures.
2. On-site requirements. The following requirements apply only within City limits.
a. An entrance gate shall be required. Street lighting shall be required pursuant to
Section 26-76 of the Utility Code of the Code of the City of Denton, Texas or the
sign identifying the entrance to the drill site or operation site shall be reflective.
b. Fencing, buffering, landscaping and screening shall be required on Drilling and
Production Sites. All required fencing, landscaping, buffering and screening
must be installed in accordance with the approved Landscape Plan within one-
hundred and eighty (180) days after initial drilling of the first approved well.
Should the Operator decide to fence in gathering and transmission lines or
compressor stations, or both, Operator shall install the fencing in accordance
Subchapter 13 of the DDC.
c. No refining process, or any process for the extraction of products from gas, shall
be carried on at a Drilling and Production Site , except that a dehydrator and
separator may be maintained on a Drilling and Production Site for the separation
of liquids from gas. Any such dehydrator or separator may serve more than one
well. Gas Processing Facilities shall require a Specific Use Permit.
d. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED",
in both English and Spanish, in a minimum of four-inch lettering shall be posted
at the entrance of each Drilling and Production Site. The sign shall include the
development or operating company that is currently responsible for the gas well
plat or site plan, the RRC Well Identification Number and the American
Petroleum Institute number for the well, the phone number for emergency
12
services (911), the number for the operator, and any other well designation
required by the RRC in two-inch lettering.
e. No person shall place, deposit, or discharge (or cause or allow to be placed,
deposited, or discharged) any oil, naphtha, petroleum, diesel, gasoline, asphalt,
tar, hydrocarbon substance, or any refuse, including wastewater or brine, from
any gas operation or the contents of any container used in connection with any gas
operation in, intq or upon any public right-of-way, storm drain, ditch or sewer,
sanitary drain or sewer, any body of water, or any private property within the
corporate limits of the City of Denton.
f. All installed, mounted, and/or permanent equipment on Drilling and Production
Sites shall be coated, painted, and maintained at all times, including the wellhead,
gas processing units, pumping units, storage tanlcs, above-ground pipeline
appurtenances, buildings, and stnictures, in accordance with applicable guidelines
adopted by The Society for Protective Coatings (SSPC). In addition, the
following standards are applicable:
i. Protective coatings and paints shall comply with any applicable State or
City requirements. In absence of any such requirement, protective coatings
and paints shall be of a neutral color that is compatible with the surrounding
environment.
ii. All exposed surfaces of the identified equipment must be coated and painted,
and free from nist, blisters, stains, or other defects.
g. All electric lines to production facilities shall be located in a manner compatible
to those already installed in the surrounding areas or subdivision.
h. All fire suppression and prevention equipment required by any applicable federal,
state, or local law shall be provided by the Operator, at the Operator's cost, and
maintenance and uplceep of such equipment shall be the responsibility of the
Operator.
No Operator shall excavate or constnict any lines for the conveyance of fuel,
water, or minerals on, under, or through the streets or alleys or other land of the
City without an easement or right-of-way license from the City, at a price to be
agreed upon, and then only in strict compliance with this Subchapter, with other
ordinances of the City, and with the specifications established by the Engineering
Department.
j. The digging up, brealcing, excavating, tunneling, undermining, brealcing up, or
damaging of any public street or leaving upon any public street any earth or other
materials is prohibited. Constniction activities or deposition of any materials or
objects creating an obstniction within linuts of public right-of-way or easements
are prohibited unless the Operator has first obtained written approval from the
13
Engineering Department and, if applicable, has filed a right-of-way use
agreement, and then only if in compliance with specifications established by the
Department.
lc. No Gas Well Permit shall be issued for any well to be drilled within any of the
streets or alleys of the City and/or streets or alleys shown by The Denton Plan,
1999-2020 and no street shall be blociced or encumbered or closed due to any
exploration, drilling, or production activities unless prior consent is obtained by
the City Manager, and then only temporarily.
All pits shall be lined and shall be designed, constnicted, and installed in
accordance with the liner standards set forth by the RRC. Any new Drilling and
Production Sites proposed after December 18, 2012 shall utilize a closed-loop
mud system.
m. Any Drilling and Production Sites shall be screened with an opaque decorative
masonry fence that shall be no less than eight (8) feet in height.
i. In lieu of this requirement, an alternative fence that is compatible with the area
surrounding the Drilling and/or Production Site may be approved by the
Director of Planning and Development.
ii. Required fencing must be located within three hundred (300) feet of all
equipment necessitating fencing requirements under this Subchapter.
n. Vapor Recovery Units. l. Vapor recovery equipment is required for facilities
not included under Rule§106.352 of TAC Title 30, Part 1, Chapter 106, Subchapter O; or its
successor regulation.
2. An Operator shall notify the Oil and Gas Inspector within two (2) days after
the first sale of gas from a well.
o. Any lift compressor which is installed within an approved Drilling and
Production Site, shall be located at least twenty-four (24) feet from the outer
boundary of the site.
p. Commencing on the December 18, 2012, except as provided in sub-paragraph (v)
of this section, for each well completion operation with hydraulic fracturing:
For the duration of flowback, recovered liquids shall be routed into one or
more storage vessels or re-injected into the well or another well, and the
recovered gas shall be routed into a gas flow line or collection system, re-
inj ected into the well or another well, used as an on-site fuel source, or used
14
for another useful purpose that a purchased fuel or raw material would serve,
with no direct release to the atmosphere. If this is infeasible, the requirements
in sub-paragraph (iii) of this paragraph shall be followed.
ii. All salable quality gas shall be routed to the gas flow line as soon as
practicable. In cases where flowbacic enussions cannot be directed to the flow
line, the requirements in sub-paragraph (iii) of this section shall be followed.
iii. Flowback emissions shall be captured and directed to a completion
combustion device, except in conditions that may result in a fire hazard or
explosion, or where high heat enussions from a completion combustion device
may negatively impact waterways. Completion combustion devices must be
equipped with a reliable continuous ignition source over the duration of
flowbacic.
iv. Releases to the atmosphere during flowbacic and subsequent recovery shall be
mininuzed.
v. The requirements of sub-paragraphs (i) and (ii) shall not apply to:
1. Each well completion operation with hydraulic fracturing at a gas well
meeting the criteria for wildcat or delineation well.
2. Each well completion operation with hydraulic fracturing at a gas well
meeting the criteria for non-wildcat low pressure gas well or non-
delineation low pressure gas well.
q. Soil sampling: Pre- and post-drilling; periodic soil sampling. Soil sampling shall
be required for all new Drilling and Production Sites. Soil sampling shall be
subj ect to the following requirements:
Upon application for an Oil and Gas Well Permit, soil sampling shall be
conducted prior to the commencement of any drilling at the proposed Drilling
and Production Site to establish a baseline study of site conditions. A
minimum of one soil sample shall be taken at the location of any proposed
equipment to be utilized at the Drilling and Production Site to document
existing conditions at the Drilling and Production Site.
ii. A licensed third party consultant shall be utilized to collect and analyze all
pre-drilling and post-drilling soil analyses. The cost of such consultant shall
be borne by the Operator.
iii. Soil samples must be collected and analyzed utilizing proper sampling and
laboratory protocol from a United States Environmental Protection Agency or
Texas Comnussion on Environmental Quality approved laboratory. The
results of the analyses will be addressed to the City and a copy of the report
15
shall be provided to the Operator and surface estate owner. The analyses will
include the following analyses at a minimum: TPH, VOCs, SVOCs, Chloride,
Barium, Chromium and Ethylene Glycol.
iv. Post-drilling soil samples shall be collected and analyzed after the conclusion
of drilling of each well. Subsequent to the drilling of each well, periodic soil
samples shall be talcen as determined by the Oil and Gas Inspector during
inspection events to document soil quality data at the Drilling and Production
Site. Samples shall include, but not be linuted tq areas where removed
equipment was located. Results of the analyses shall be provided as described
in Subsection A.2.q.iii.
v. Whenever abandonment occurs pursuant to the requirements of the RRC and
as referenced in 35.22.S.A.61c, the Operator so abandoning shall conduct post
production soil sampling within three (3) days after equipment has been
removed from the Drilling and Production Site to document that the final
conditions are within regulatory requirements. Results of the analyses shall be
provided as described in Subsection A.2.q.iii.
vi. If any soil sample results reveal contanunation levels that exceed the
minimum state or federal regulatory levels, the City shall subnut the soil
sample results to the appropriate state or federal regulatory agency for
enforcement.
r. Any nibbish or debris that might constitute a fire hazard shall be removed to a
distance of at least 150 feet from the vicinity of any well, tank, or pump station.
s. An Operator shall not maintain or use any pit for storage of oil or oil products or
oil field fluids, or for storage or disposal of oil and gas wastes.
3. Operations and equipment practices and standards. The following requirements
apply only within City linuts.
a. Adequate nuisance prevention measures shall be talcen to prevent or control
offensive odor, fumes, dust, noise and vibration.
b. Directional lighting shall be provided for the safety of gas well drilling,
completion and production operations and shall be installed and operated in a
fashion designed to disturb adjacent developments in the least possible manner.
c. The Operator shall at all times comply with the applicable niles and regulations of
the RRC including but not linuted to all applicable Field Rules.
d. . To address noise concerns, only electric motors shall be used for the purpose of
drilling, transferring or blending chenucals, compressing gas, lifting or pumping
16
wells, The Oil and Gas Inspector may approve the use of an alternative motor
that produces lower noise levels than an electric motor.
e. There shall be no venting or flaring of gases in residential areas except as allowed
by the RRC or TCEQ . If venting or flaring is allowed by the RRC or TCEQ, the
activities shall not be located closer than one thousand (1,000) feet from any
protected use, unless: (1) a setbacic variance has been granted pursuant to 35.22.5;
or (2) if practical and if approved by the City Fire Marshal, ground flaring that is
wholly enclosed or screened with a masonry wall. .
f. Vehicles, equipment, and machinery shall not be placed or located on a Drilling
and Production Site (or on any public street, alley, driveway, or other public right-
of-way) in such a way as to constit�ite a fire hazard or to unreasonably obstnict or
interfere with fighting or controlling fires.
g. Only Light Sand Fracture Technology or fract�ire stimulations approved by the
RRC shall be used to fracture stimulate a well.
h. Fracing operation shall be scheduled to occur during daylight hours unless the
Operator has notified the Oil and Gas Inspector that fracing will occur before or
after daylight hours to meet safety requirements.
i. Pneumatic drilling shall not be pernutted.
j. Any notices required herein shall be made pursuant to Subsection 35.22.12
k. Except in the case of an emergency, gas well flaring shall only be conducted
during day-time hours.
4. Storage tanks and separators. The following requirements apply only within City
linuts.
a. An Operator is allowed to constnict, use, and operate such storage equipment and
separation equipment as shown on the approved Gas Well Development Site
Plan, except that permanent storage equipment and separation equipment may not
exceed eight (8) feet in height.
b. The use of centralized tanlc batteries is pernutted as shown on the applicable Gas
Well Development Site Plan.
c. No Drilling and Production Site is allowed in the FEMA designated one hundred
(100) year floodway. A Drilling and Production Site is allowed within one
17
thousand two hundred (1,200) feet of the flood pool elevation of Lalce Ray
Roberts or Lake Lewisville with an approved Specific Use Pernut.
d. No storage tanlcs or separation facilities shall be placed in the Flood Fringe or
other ESA except in accordance with Subsection 35.22.S.A.8.
5. Flow lines and gathering lines.
a. Each Operator shall place pipeline marlcer sign at each point where a flow line or
gathering line crosses a public street or road.
b. Each Operator shall place a warning sign for lines carrying H2S (Hydrogen
Sulfide) gas as required by the Railroad Comnussion.
c. All flow lines and gathering lines within the corporate linuts of the City
(excluding City utility lines and franchise distribution systems) that are used to
transport oil, gas, and/or water shall be limited to the maximum allowable
operating pressure applicable to the pipes installed and shall be installed with at
least the nunimum cover or bacicfill specified by the American National Safety
Institute Code, as amended.
6. Additional safety and environmental requirements. The provisions of this section
shall apply within the corporate limits of the City of Denton.
a. The drilling and production of gas and accessing the Drilling and Production Site
shall be in compliance with all state and federal environmental regulations. No
gas well development or activity is allowed in the FEMA designated one hundred
(100) year floodway. Drilling within Flood Fringe or other ESA shown on the
Map adopted by the City is allowed under the restrictions set forth in Section
35.22.S.A.8.
b. Erosion and sediment control practices shall be conducted for all gas wells. The
Operator shall comply with the Erosion and Sediment Control Plan as approved
by the City..
c. As an exception to 3522.S.A.6.a. or a Specific Use Permit required by 35.22.3.B,
gas wells may have a target location or bottom-hole location that is under the
floodway, an ESA or within one thousand two hundred (1,200) feet of the flood
pool elevation of lalce Ray Roberts or Lalce Lewisville when the gas well is drilled
directionally from a location outside such areas.
d. Each well shall be equipped with an automated valve that closes the well in the
event of an abnormal change in operating pressure. All wellheads shall contain an
emergency shut off valve to the well distribution line.
18
e. Each storage tanlc shall be equipped with a level control device that will
automatically activate a valve to close the well in the event of excess liquid
accumulation in the tanlc.
f. All storage tanlcs shall be anchored for stability.
g. All storage tanks shall be equipped with either steel or concrete secondary
containment systems including lining with an impervious material. The secondary
containment system shall be of a sufficient height to contain one and one-half
(1'/z) times the contents of the largest tanlc in accordance with the Fire Code. Drip
pots shall be provided at pump out connections to contain the liquids from the
storage tanlc.
h. Outside storage areas shall be equipped with a secondary containment system
designed to contain a spill from the largest individual vesseL If the area is open to
rainfall, secondary containment shall be designed to include the volume of a
twenty-four (24)-hour rainfall as deternuned by a twenty-five (25)-year storm and
provisions shall be made to drain accumulations of ground water and rainfall.
i. Drilling and Production Sites shall be equipped with a lightning protection
system, in accordance with the City's Fire Code and the National Fire
Association's NFPA-780. In addition, tanlc battery facilities shall be equipped
with a remote foam line and a lightning arrestor system.
j. A Hazardous Materials Management Plan shall be on file with the Fire Marshal.
Any updates or changes to this plan shall be provided to the Fire Marshal within
three (3) worlcing days of the change. All chemicals and/or hazardous materials
shall be stored in such a manner as to prevent, contain, and facilitate rapid
remediation and cleanup of any accidental spill, leak, or discharge of a hazardous
material. Operator shall have all material safety data sheets (MSDSs) for all
hazardous materials on site. All applicable federal and state regulatory
requirements for the proper labeling of containers shall be followed. Appropriate
pollution prevention actions shall be required and include, but are not linuted tq
chemical and materials raised from the ground (e.g., wooden pallets), bullc
storage, installation and maintenance of secondary containment systems, and
protection from storm water and weather elements.
lc. All wells shall be plugged and abandoned in accordance with the niles of the
RRC; however, all well casings shall be cut and removed to a depth of at least ten
(10) feet below the surface unless the surface owner subnuts a written agreement
otherwise. Three (3) feet shall be the minimum depth. In addition, the Operator
shall:
19
i. Subnut a copy of its RRC Form W-3A (Notice of Intention to Plug and
Abandon) and Form W-3 (Plugging Record) to the Inspector within two (2)
business days of filing with the RRC;
ii. Notify the Oil and Gas Inspector of the intention to plug and abandon a well
at least twenty-four (24) hour prior to commencing activities; and
iii. Subnut to the Oil and Gas Inspector the surface hole locations in an
acceptable Geographic Information System (GIS) format to accurately map
and tracic well locations. The GIS data may be subnutted with an initial Gas
Well Pernut application or with the annual adnunistrative report. Subnussion
of GIS location data is only required once.
iv. Subnut a copy of a soil sampling analysis as required by Subsection
3522.S.A2.q.
Operators must close each Drilling and Production Site in a manner that
mininuzes the need for care after closure. To achieve this requirement, the site
shall be reclaimed to the condition identified on the Site Reclamation Plan, as
nearly as practicable. In the event development encroaches up to the property
after drilling and production activities, a reasonable rehabilitation alternative may
be approved by the City to ensure the reclaimed site is compatible with the
surrounding properties.
mNo gas well drill sites shall be allowed on slopes greater than ten (10) percent.
n. No Class II injection wells shall be located within the City of Denton.
o. No gas well permit will be issued for any well where the Drilling and Production
Site is located within one thousand (1,000) feet of an existing fresh water well ,
unless a variance, or consent from neighboring property owners, has been
obtained per 3522.S.A.1.
p. Pits shall always be operated with a minimum of at least two (2) feet of
freeboard above the contents within it.
q. For safety reasons, fencing shall be installed to restrict access to a reserve pit or
other type of open pit utilized in gas well drilling operation at a drill site within
the corporate limits of the City.
r. Drip pans, catchment basins and other secondary containment devices or oil
absorbing materials shall be placed or installed underneath all tanlcs, containers,
pumps, lubricating oil systems, engines, fuel and chenucal storage tanlcs, system
20
valves, connections, and any other areas or stnictures that could potential lealc,
discharge, or otherwise spill hazardous or solid materials. .
s. After the well has been completed, or plugged and abandoned, the Operator shall
clean and repair all damage to public property caused by such operations within
thirty (30) days.
t. After any spill, leak or discharge , the Operator shall remove or cause to be
removed all contamination and associated waste materials. Clean-up operations
shall begin immediately.
u. The Drilling and Production Site and site access road shall at all times be lcept
free of debris, pools of water or other liquids, contaminated soil, weeds, bnish,
trash or other waste material outside the Drilling and Production Site .
v. All pits associated with Drilling and Production Sites shall adhere to the following
requirements.
The type of pit used in drilling operations shall be specified at the time of
pernutting. The Oil and Gas Inspector may perform a contamination
assessment for any reserve pit, completion/worlc-over pit, drilling fluid
disposal pit, fresh malceup water pit, mud circulation pit, washout pit, or water
condensate pit. The following concentrations for contaminants will be used to
determine if contanunation exists within any materials in the pits:
Compound Concentration limit
TPH 15 mg/L
BTEX 500 µg/L
Benzene 50 µg/L
From 30TAC 321.131.138
If concentrations exceeding these values are detected, the operator shall
remove, cause to be removed, or otherwise remediate contaminants, to below
the limits provided herein. Cleanup operations shall begin immediately.
Cleanup activities that do not begin within twenty-four (24) hours of
21
notification by the oil and gas inspector shall be considered a violation of this
Subchapter.
ii. Only freshwater-based mud systems shall be permitted. Saltwater-based mud
systems and oil-based mud systems are prohibited.
iii. Chloride content of fluids held in pits may not exceed three thousand (3,000)
milligrams per liter.
iv. No metal additives may be added to any drilling fluids.
v. All fluid produced from the well during completion of production shall be
held in enclosed containers while stored on the property.
vi. All fluids shall be removed ("de-watering") from the pits within thirty (30)
days of completion of drilling operations.
vii. The pit and its contents shall be removed from the prenuses within ninety (90)
days after completion of the drilling of a well; provided, however, that the pernuttee may apply
for a ninety (90)-day extension from such requirements based on showing of good cause,
necessity to maintain said pit, inclement weather, or other factors. The City may designate a
period of time shorter than the ninety (90)-day extension set out herein.
w. All pits shall be bacicfilled in accordance with the following schedule. The
Director of Planning and Development may grant permission for a pit to remain at
the site if the surface property owner submits a written request.
i. Reserve pits and mud circulation pits shall be dewatered within 30 days
and bacicfilled and compacted within ninety (90) days of cessation of
drilling activities.
ii. All completion/worlcover pits used when completing a well shall be
dewatered within thirty (30) days and bacicfilled and compacted within
one hundred and twenty (120) days of well completion.
iii. All completion/worlcover pits used when worlcing over a well shall be
dewatered within thirty (30) days and bacicfilled and compacted within
one hundred and twenty (120) days of completion of re-worlc operations.
iv. Basic sediment pits, flare pits, fresh nuning water pits, and water
condensate pits shall be dewatered, bacicfilled, and compacted within one
hundred and twenty (120) days of final cessation of use of the pits.
x. Each operator must subnut to the City a water conservation plan for uses of water.
The plan must provide information in response to each of the following elements.
i. A description of the use of the water in the production process, including how
the water is diverted and transported from the source(s) of supply, how the
water is utilized in the production process, and the estimated quantity of water
22
consumed in the production process and therefore unavailable for reuse,
discharge, or other means of disposal;
ii. If long-term, five (5) to ten (10) years, water storage is anticipated, quantified
five-year and ten-year targets for water savings and the basis for the
development of such goals;
iii. A description of the device(s) and/or method(s) within an accuracy of plus or
minus 5.0% to be used in order to measure and account for the amount of
water diverted from the source of supply;
iv. Leak-detection, repair, and accounting for water loss in the water distribution
system;
v. Application of state-of-the-art equipment and/or process modifications to
improve water use efficiency; and
vi. Any other water conservation practice, method, or technique which the user
shows to be appropriate for achieving the stated goal or goals of the water
conservation plan.
y. No gas well drilling and production shall be pernutted within twelve hundred
(1,200) feet of the flood pool elevation of Lalce Ray Roberts or Lalce Lewisville,
unless the Operator first obtains a SUP.
7. Supplemental drilling.
a. Supplemental drilling to deepen or directional drill an existing well shall be
conducted in accordance with the conditions for the applicable SUP or PD District
or underlying zoning classification that permits gas development by right. The
operator shall provide the Oil and Gas Inspector a copy of additional RRC
pernuts that allow drilling to a deeper depth.
b. Supplemental drilling to deepen or directional drill an existing well shall be
conducted in accordance with the approved Gas Well Permit for the well on file
with the City.
8. Watershed Protection Requirements for Wells located in Flood Fringe or other
ESA's.
The standards in this subsection are adopted pursuant to the authority granted by
Texas Local Government Code, Section 551.002 and are intended to nunimize
adverse impacts on areas within the Flood Fringe or ESA, reduce flood damage, and
lessen the potential for contaminating surface water or any water supply.
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a. The provisions of 3522.S.A.6 and 35.22.S.A.8 shall apply to a Drilling and
Production Site required to have a Watershed Protection Pernut within the
corporate limits of the City of Denton. The provisions of 3522.S.A.8 shall apply
to a Drilling and Production Site required to have a Watershed Protection Pernut
located within the corporate limits of the City of Denton or within the ETJ of the
City of Denton.
b. Drilling and Production Sites shall be located outside ESAs whenever practicable
to minimize adverse impacts on these areas, reduce flood damage, and lessen the
potential for contanunating surface water or any water supply.
c. Prior to location of any gas well in the Flood Fringe or ESA, the property owner
or applicant shall first obtain approval of an application that meets the criteria of
the Application Criteria Manual for a Watershed Protection Pernut and shall
comply with the provisions of 35.22.5.
d. A Watershed Protection Permit containing an ESA assessment of the Drilling and
Production Site shall be approved by the Department of Environmental Services :
i. For all ESAs prior to the approval of a Gas Well Development Plan:
L If a riparian buffer is designated as "fair" to "excellent" ESA, the designated
protective stream buffer width as specified in Subchapter 17 of the Denton
Development Code shall apply, and no encroachments shall be allowed.
2. Within all areas except unstudied floodplains, if the stream is designated
as a"poor" ESA, the designated width of the protective stream buffer
� shall be decreased by either fifty (50) percent or to the limits of the
floodway whichever is greater, but in no instance shall the protective
stream buffer width be decreased below twenty-five (25) feet measured
each direction from the centerline of the existing channel.
ii. For all flood fringe ESAs prior to the approval of a Gas Well Development
Site Plan or Plat.
e. Tree mitigation for gas wells located in an ESA shall be required and shall be
calculated on a one to one replacement value for one hundred (100) percent of the
dbh of trees removed from the Drilling and Production Site.. Tree mitigation shall
be accomplished by planting replacement trees, within a floodplain, on-site or off-
site with similar tree species or by payment into a Tree Mitigation Fund. Tree
Mitigation Funds that are specific to ESA's will be lcept separate from other Tree
Mitigation Funds and will only be used to either acquire wooded floodplain or
riparian property that remains in a naturalistic state in perpetuity, or to purchase
conservation easements within riparian or floodplain areas. Funds may be used to
purchase, plant, and maintain trees on public property, as long as the public
property is within a riparian area or floodplain.
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f. The Watershed Protection Pernut application shall contain the following
information and such information as may be required by the Development Review
Committee which is reasonably necessary to review and deternune whether the
proposed development and required facilities meet the requirements of this
Subchapter and as required by the Application Criteria Manual. The information
that is required for the Watershed Protection Pernut shall include, but not be
linuted to:
i. A Tree Inventory Plan shall show the location of ESAs on any proposed
Drilling and Production Site.
ii. Any request to remove tree(s) shall be accompanied by a letter from a
certified geologist or engineer that indicates why the well site cannot be
located to avoid the trees. If Operator has chosen to pay into the Tree
Mitigation Fund, such funds shall be paid prior to final approval of a Drilling
and Production Site within an ESA.
iii. Show location of ESAs on proposed Drilling and Production Sites.
g. Only one (1) well head, may be placed in the Flood Fringe or ESA under the
following conditions:
i. Storage tanks or separation facilities shall be constnicted at least eighteen
(18) inches above the established Base Flood elevation plus the surcharge
depth for encroachment to the linuts of the floodway having a one (1) percent
chance of being equaled or exceeded in any year.
ii. A hydrologic and hydraulic engineering study shall be performed by a
Registered Professional Engineer. The study shall be submitted to the
Engineering Department in a technical report for review by the City Engineer
or his designated representative. The report shall demonstrate that the
proposed facilities will have no adverse impacts on the carrying capacity of
the adjacent waterway nor cause any increases to the elevations established
for the floodplain. When the Special Flood Hazard Areas (SFHA) on the
subject site is designated as "Zone A" on the FIRM Panel, or the SFHA is not
identified on the FIRM Panel, the following approximate method may be used
to evaluate the impacts from gas well development. A flow rate shall be
calculated using procedures set forth in the City of Denton Drainage Criteria
Manual. Using Manning's Equation with an estimate of the average slope of
the stream, measurements of a single irregular cross-section geometry at the
well site, and the one hundred (100) year discharge rate, the average velocity
and normal depth may be calculated. Calculations shall be provided for the
unaltered existing channel cross-section and for the proposed modified
25
channel cross-section and submitted to the City for review and approval prior
to constniction within these areas.
iii. No more than ten (10) percent of the floodplain, within the linuts of the Gas
Well Development Site Plan or Gas Well Development Plat, may be filled.
h. If evidence from water quality monitoring efforts indicates that contamination is
occurring from gas wells, the Operator shall remove, cause to be removed, or
otherwise remediate contamination, as required by the oil and gas inspector
including but not limited to Waste Mininuzation Practices established by the
RRC. Cleanup operations shall begin immediately. A re-inspection fee shall be
charged as established by the City Council and published in the Application
Criteria Manual.
B. Drilling and Production Sites shall comply with all federal, state, and local laws
applicable to gas well drilling, production and operations.
C. Noise Management Standards. The following standards apply to gas well drilling and
production in the City linuts.
1. The Operator shall subnut with its Gas Well Site Plan a continuous seventy-two (72)
hour pre-drilling Ambient Noise Level measured three hundred (300) feet from the
boundaries of the Drilling and Production Site. The seventy-two (72) hour time span
shall include at least one (1) twenty-four-hour reading during either a Saturday or
Sunday.
2. No gas well drilling equipment, production equipment, re-drilling equipment, or any
other associated equipment shall be operated at any Drilling and Production Site
within the City in such a manner so as to create any noise level that exceeds sixty-five
(65) decibels.
The dB level shall be measured at a distance of one thousand (1,000) feet from the
boundaries of the Drilling and Production Site or one hundred (100) feet closer than
any Protected Use setbacic line, whichever distance is nearer to the Drilling and
Production Site.
3. The distances described in 35.22.S.C2 shall be measured from the boundaries of the
Drilling and Production Site depicted on the Gas Well Development Plat or Gas Well
Development Site Plan, in a straight line, without regard to intervening stnictures or
objects, and outward from the boundary of the Drilling and Production Site.
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4. If the ambient noise level that was established and submitted to the City in
accordance with 3522.S.C.1 is higher than the levels set forth in 35.22.S.C2 , the
noise generated from the Drilling and Production Site may not exceed the
established ambient noise level by more than five (5) decibels during daytime hours
and three (3) decibels during nighttime hours, except as provided by 3522.S.C.S
below.
5. The following adjustments to the noise standards as set forth above are permitted
internuttently during daytime hours only, except in the case of an emergency:
Maximum Permitted Increase above 65 dB or established ambient, if Maximum Duration
ambient exceeds 65 dB (nunutes)*
10 dB 5 nunutes
15 dB 1 nunute
20 dB Less than 1 minute
*Cumulative nunutes during any one hour.
6. Acoustical blanlcets, sound walls, mufflers or other alternative methods as approved
by the City may be used to ensure noise limitation compliance. All soundproofing
shall comply with accepted industry standards and be subject to approval by the City.
7. The sound level meter used in conducting noise evaluations shall meet the American
National Standard Institute's Standard for sound meters or an instniment and the
associated recording and analyzing equipment which will provide equivalent data.
8. The noise level generated during gas drilling activities shall be continuously
monitored by the Operator to ensure compliance with the noise linutation standards
established herein, if the Drilling and Production Site is within one thousand (1,000)
feet of a Protected Use. The cost of such monitoring shall be borne by the Operator.
In addition, the Operator shall also provide the following data:
The continuous noise monitoring data shall include an audio recording to help
identify the source of sound level fluctuations throughout the logging period. The
continuous noise monitoring equipment shall be capable of remotely providing
real-time noise and audio data in a format acceptable to the Inspector. Access to
the real-time data shall be made available to the Oil and Gas Inspector;
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ii. The continuous noise monitoring data shall be summarized into a weeldy report
and submitted to the Oil and Gas Inspector each Monday for the prior Monday
through Sunday reporting week, which may be combined with the subsequent
weelc if the number of monitoring days for any given weelc is three (3) or fewer.
The report shall be in an electronic format or other format specified by the Oil and
Gas Inspector. The weeldy report shall contain all noise data, including pure
tones and low frequency readings, and shall be averaged in twenty (20) nunute
intervals; and
iii. The weeldy noise report shall state whether the Drilling and Production Site is in
compliance with acceptable noise standards. If the report identifies that the
Drilling and Production Site is not compliant, then the report shall state the
measures being talcen to return the site to compliance and the timeframes for
implementing these remedial measures.
9. For Drilling and Production Sites not continuously monitored, if a complaint is
received after the commencement of drilling activities by either the Operator or the
City, the Operator shall immediately upon receipt of the complaint, continuously
monitor the exterior noise level generated by the gas well drilling or production for a
seventy-two(72) hour period and talce the action necessary to abate the violation, if a
violation exists. The monitoring shall be performed in accordance with 35.22.S.C.8.i
and ii.
10. In the event of a violation of this subsection, the City may immediately issue a
citation to the Operator for the violation.
35.22.6. - Gas Well Development Site Plan and Watershed Protection Permit.
A. Applicability.
1. A Gas Well Development Site Plan shall be approved for any land within the City
linuts before a Gas Well Pernut may be issued or any gas well drilling or production
activities may occur. Approval of a Gas Well Development Site Plan authorizes the
processing of a complete application for a Gas Well Pernut. If applicable, the
Watershed Protection Permit application shall accompan�T the application for a Gas Well
Development Site Plan or Gas Well Development Plat, but shall be decided first.
2. A Watershed Protection Permit shall be approved prior to approval of any Gas Well
Development Site Plan, Gas Well Development Plat, or Gas Well Pernut that includes
land in any floodplain or ESA within the corporate linuts of the city. Approval of a
Watershed Protection Permit authorizes the processing of a complete application for a
Gas Well Development Site Plan or Gas Well Development Plat, as the case may be,
that includes land in a floodplain or ESA.
B. Application Requirements—Gas Well Development Site Plan.
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1. An application for a Gas Well Development Site Plan shall not be deternuned to be
complete or deemed complete until:
a. Any required Specific Use Permit has been approved by the City Council;
b. A complete application for a Watershed Protection Permit, where required, has
been filed with the City pursuant to this subchapter. Any conditions imposed with
approval of the Watershed Protection Permit shall be deemed incorporated into
the conditions of approval for the Gas Well Development Site Plan.
2. Approval of a Gas Well Development Site Plan authorizes the holder of the approved
Site Plan to apply for a Gas Well Permit.
3. An application for a Gas Well Development Site Plan, in addition to those items set
forth in Subsection 1, shall:
a. Clearly delineate the boundaries of the gas well drilling or production area with
metes and bounds description, and list the exact acreage of the area. All gas well
drilling and production activities shall be linuted to this area.
b. Identify all ingress and egress points.
c. Show the location of all floodplains and ESAs.
d. Show the location of all freshwater wells currently in use at the time of filing of
the application within one thousand (1,000) feet of the Drilling and Production
Site.
e. Show the location of all stnictures with a protected use within one thousand
(1,000) feet of the Drilling and Production Site;
£ Identify and show proposed method of erosion and sediment control;
g. Identify the location of proposed lease lines;
h. Identify the location of all proposed gas wells, mud pits, ponds, and mechanical
equipment;
i. Label distances between gas wells and property lines;
j. Provide site specific well schematics showing layout during drilling and upon
completion of drilling;
lc. Show location of all existing and proposed underground pipelines. As-built
drawings shall be filed with the City (in a digital form as specified by the City,
and as a condition of maintaining the annual operating pernut). All pipelines
29
proposed in public rights-of-way shall require a Right-of-Way Use Agreement.
The City Manager shall have the authority to enter into a Right-of-Way Use
Agreement;
1. Show the location of all pipelines and identify if pipelines connect with a Gas
Distribution System;
m. Identify the height, size, bullc and location of all stnictures, closed-loop systems,
dehydrators, parlcing areas, security cameras, lighting, tanlcs, tanlc battery, drilling
rigs, separators, compressors, perimeter walls, utilities, and all other features or
objects contemplated within the boundaries of the gas well drilling or production
area;
n. Provide a Tree Protection Plan demonstrating compliance with the City's Tree
Preservation Code;
o. Provide a Signage Plan, complying with this Subchapter for both the Drill Site
and pipelines;
p. A Screening, Fencing, and Landscape Plan, in accordance with the standards
established for Industrial land uses in Subchapter 13 of the DDC, detailing
compliance with all landscape and screening measures to be talcen to adequately
irrigate all landscaping including the water source for irrigation and the proposed
efforts to replace dead or dying screening vegetation; and
q. A Noise Mitigation Plan that includes:
i. A description of the proposed facility/operation;
ii. The established ambient noise level;
iii. An analysis of any significant sources of noise generated on the Drilling
and Production Site; and
iv. An analysis of any abatement measures necessary to bring the proposed
activity into compliance with the City's noise standards.
r. A Site Reclamation Plan that establishes the existing conditions of the property
prior to drilling activities. The Site Reclamation Plan shall include both Closure
and Post-Closure Plans.
Closure Plan. Site closure includes well plugging and abandonment,
equipment removal, and site clean-up. This plan should describe how each
Drilling and Production Site will be closed, how the proposed final site
closure will be achieved, and a detailed description of the closure methods.
30
ii. Post-Closure Plan. Post-closure care includes any subsequent activities
necessary to nunimize the need for care after closure and should describe the
anticipated worlc activities necessary to achieve this objective.
s. The Operator shall subnut an Erosion and Sediment Control Plan in accordance
with the applicable City Criteria Manual.
t. The Operator shall notify all private freshwater well owners in writing that they
have the right to have their wells tested. Proof of such written notice shall be
subnutted to the City as part of the Site Plan application.
.
.. ■ .
.
. .. .
■
■
.
.
.
■
.. ■ . .
.
-.�.�.�s..�_.�..,.�_.�.�
u. The Operator shall submit a deed, lease, contract or similar written instniment
evidencing the location of the Drilling and Production Site, which document shall
be filed with the County Records Department upon approval of the Gas Well
Development Site Plan.
v. The Operator shall provide a copy of its Emergency Action Plan if required to
prepare one pursuant to federal or state law.
31
w. Any other information deemed necessary by the Oil and Gas Inspector to verify
compliance with these standards.
C. Processing of Applications.
1. An application for a Gas Well Development Site Plan shall be processed in the
manner for an application for a gas well development plat, as provided in Section
35.16.19 of the DDC, and shall be decided b�T the Oil and Gas Inspector.
2. A Watershed Protection Pernut shall be processed in accordance with the following:
a. All applications for Watershed Protection Permits shall be filed with the
Department, who shall immediately forward all applications to the DRC for
review. Incomplete applications shall be returned to the applicant, in which case
the City shall provide a written explanation of the deficiencies if requested by the
applicant. The City shall retain a processing fee determined by the City Council.
The City may return any application as incomplete if there is a dispute pending
before the Railroad Commission regarding the deternunation of the operator. No
application shall be deemed accepted for filing until the application is complete.
b. The DRC may attach such conditions to approval of a Watershed Protection
Pernut as are necessary to assure that the requirements of Subsection 3522.5 are
met.
c. Each Watershed Protection Pernut approved by the DRC shall:
i. Identify the name of each well subj ect to the permit;
ii. Specify the date on which the Permit was issued;
iii. Incorporate by reference all applicable standards of approval; and
iv. Incorporate by reference all applicable conditions of approval.
D. Criteria for Approval.
1. No Gas Well Development Site Plan shall contain more than one (1) Drilling and
Production Site, and the Drilling and Production Site shall not be greater than five (5)
acres in size. All standards in Section 3522.5 shall be met, and all conditions attached
to prior approvals shall be incorporated in the approval of the Gas Well Development
Site Plan.
32
2. The following standards apply to an application for a Watershed Protection Permit:
a. For land inside the City limits, all conditions imposed by any applicable SUP,
MPC District or a PD District for the land subject to the Watershed Protection
Pernut.
b. Standards in Subsection 3522.S.A.6 and 3522.S.A.8.
3. An Operator shall subnut an amended Gas Well Development Site Plan one year after
approval if the items required by 35.22.6.B.3, subsections b., h., 1. or m., are
different than those contained in the earlier approved Gas Well Development Site
Plan. The Oil and Gas Inspector shall review the amended Gas Well Development
Site Plan in accordance with this Subsection D.
E. Expiration.
1. A Gas Well Development Site Plan shall automatically expire one (1) year from the
date of approval, unless a Gas Well Pernut has been issued by the City for the same
site.
a. A Gas Well Development Site Plan shall not be extended unless a special
exception has been approved by the Board of Adjustment pursuant to Section
35.22.16. The applicant may submit a new Gas Well Development Site Plan
application for review and approval in accordance with all applicable
requirements of the DDC then in effect.
b. If the Gas Well Development Site Plan expires, then all permits approved prior to
or simultaneous with the site plan for the same activity shall likewise expire on
the same date.
2. An associated Watershed Protection Pernut shall expire with the expiration of the Gas
Well Development Site Plan and may not be extended prior to expiration.
35.22.7. - Gas Well Permit Required.
A. Any person, acting for himself or acting as an agent, employee, independent contractor,
or servant for any person, shall not engage in the drilling and production of gas wells
within the corporate linuts of the City without first obtaining a Gas Well Permit issued
under this Subchapter.
B. When a Gas Well Pernut has been issued covering a well, the Permit shall constitute
authority for drilling, operation, production, gathering of production, maintenance, repair,
re-worlcing, testing, site preparation consisting of rigs or tanlc batteries, plugging and
abandonment, and any other activity authorized by this Subchapter associated with
drilling or production by the Operator and their respective employees, agents, and
contractors. A Gas Well Permit shall also constitute authority for the constniction and use
-, -,
��
of all facilities reasonably necessary or convenient in connection therewith, including
gathering lines and discharge lines, by the Operator and its respective employees, agents,
contractors and subcontractors.
C. A Gas Well Permit shall not be required for exploration for gas. Exploration of gas means
geologic or geophysical activities, including, but not linuted to surveying and seisnuc
exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. A
seismic permit is required for impact-based exploration.
D.A Gas Well Permit shall not, however, constitute authority for the re-entering and drilling
of a plugged and abandoned well. Re-entry and drilling of a plugged and abandoned well
shall require a new Gas Well Pernut.
E. Applications for Gas Well Permits shall be in accordance with the following:
1. Shall be in writing;
2. Shall be on forms provided by the City;
3. Shall be signed by the Operator;
4. Shall include the application fee;
5. Shall include a copy of the applicable SUP, PD District, or Gas Well Development
Site Plan; and
6. Shall include the information required by the Application Criteria Manual unless such
information has been previously provided to the City.
35.22.8. - Insurance and Indemnification.
The Operator shall provide or cause to be provided the insurance described below for each
well for which a Gas Well Permit is issued, such insurance to continue until the well is
abandoned and the site restored. The operator may provide the required coverage on a
"blanlcet basis for multiple wells". Such coverage shall be approved by the Rislc Manager for
the City of Denton.
A. General Requirements. Indemnification and Express Negligence Provisions.
1. Each Gas Well Pernut issued by the City shall include the following language:
Operator does hereby expressly release and discharge, all claims, demands, actions,
judgments, and executions which it ever had, or now have or may have, or assigns
may have, or claim to have, against the City of Denton, and/or its departments, its
agents, officers, servants, successors, assigns, sponsors, volunteers, or employees,
34
created by, relating to or arising out of personal injuries, lcnown or unlcnown, and
injuries to property, real or personal, or in any way incidental to or in connection with
the performance of the worlc performed by the operator under a Gas Well Permit and
the Operator caused by or arising out of, that sequence of events which occur under
the Gas Well Pernut, and worlc performed by the Operator shall fully defend, protect,
indemnify, and hold harniless the City of Denton, Texas, and/or its departments,
agents, officers, servants, employees, successors, assigns, sponsors, or volunteers
from and against each and every claim, demand, or cause of action and any and all
liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and
expenses incurred in defense of the City of Denton, Texas, and/or its departments,
agents, officers, servants, or employees, including, without limitation, personal
injuries and death in connection therewith which may be made or asserted by
Operator, its agents, assigns, or any third parties on account of, arising out of, or in
any way incidental to or in connection with the performance of the worlc performed
by the Operator under a Gas Well Pernut and, the Operator agrees to indemnify and
hold harniless the City of Denton, Texas, and/or its departments, and/or its officers,
agents, servants, employees, successors, assigns, sponsors, or volunteers from any
liabilities or damages suffered as a result of claims, demands, costs, or judgments
against the City and/or, its departments, it's officers, agents, servants, or employees,
created by, relating to or arising out of the acts or omissions of the City of Denton
occurring on the Drilling and Production Site or operation site in the course and scope
of inspecting and permitting the gas wells INCLUDING, BUT NOT LIMITED TO,
CLAIMS AND DAMAGES ARISING 1N WHOLE OR 1N PART FROM THE
SOLE NEGLIGENCE OF THE CITY OF DENTON OCCLJRRING ON THE
DRILLING AND PRODUCTION SITE 1N THE COURSE AND SCOPE OF
1NSPECTING AND PERMITTING THE GAS WELLS. IT IS LJNDERSTOOD
AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS
AN INDEMNITY EXTENDED BY THE OPERATOR TO 1NDEMNIFY AND
PROTECT THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE
CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF DENTON, TEXAS
AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR
EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE OF THE
RESULTANT 1NJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE
SOLE NEGLIGENCE OF THE CITY 1N THE COURSE AND SCOPE OF ITS
DUTY TO 1NSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE
MAXIMUM AMOUNT OF RECOVERY LJNDER THE TORT CLAIMS ACT.
2. All policies shall be endorsed to read "this policy will not be cancelled or non-
renewed without thirty (30) days advanced written notice to the owner and the City
except when this policy is being cancelled for nonpayment of premium, in which case
ten (10) days advance written notice is required".
3. Liability policies shall be written by carriers licensed to do business in Texas and
with companies with A: VIII or better rating in accordance with the current Best Key
35
Rating Guide, or with nonadmitted carriers that have a financial rating comparable to
carriers licensed to do business in Texas approved by the City.
4. Liability policies shall name as "Additional Insured" the City and its officials, agents,
employees, and volunteers.
5. Certificates of insurance shall be presented to the City evidencing all coverage's and
endorsements required by this Section 3522.8, and the acceptance of a certificate
without the required limits and/or coverage's shall not be deemed a waiver of these
requirements.
6. Claims made policies will not be accepted except for excess policies or unless
otherwise provided by this Subchapter.
B. Required Insurance Coverages.
1. Commercial General Liability Insurance.
a. Coverage should be a minimum Combined Single Linut of one million dollars
($1,000,000) per occurrence for Bodily Injury and Property Damage. This
coverage shall include prenuses, operations, blowout or explosion, products,
completed operations, blanlcet contractual liability, underground property damage,
broad form property damage, independent contractors protective liability and
personal injury.
b. Environmental Impairment (or Seepage and Pollution) shall be either included in
the coverage or written as separate coverage. Such coverage shall not exclude
damage to the lease site. If Environmental Impairment (or Seepage and Pollution)
Coverage is written on a"claims made" basis, the policy shall provide that any
retroactive date applicable precedes the effective date of the issuance of the
Pernut. Coverage shall apply to sudden and non-sudden pollution conditions
resulting from the escape or release of smolce, vapors, fumes, acids, allcalis, toxic
chemicals, liquids or gases, waste material or other irritants, contaminants or
pollutants.
2. Automobile Liability Insurance. Minimum Combined Single Linut of one million
dollars ($1,000,000) per occurrence for Bodily Injury and Property Damage. Such
coverage shall include owned, non-owned, and hired vehicles.
3. Worlcer's Compensation Insurance. In addition to the minimum statutory
requirements, coverage shall include Employer's Liability limits of at least one
hundred thousand dollars ($100,000) for each accident, one hundred thousand dollars
($100,000) for each employee, and a one million dollars ($1,000,000) policy linut for
occupational disease, and the insurer agrees to waive rights of subrogation against the
City, its officials, agents, employees, and volunteers for any worlc performed for the
City by the operator.
36
4. Excess (or Umbrella) Liability Insurance. Minimum linut of ten nullion dollars
($10,000,000) covering in excess of the preceding insurance policies.
5. Control of Well Insurance.
a. Minimum limit of five nullion dollars ($5,000,000) per occurrence.
b. Policy shall cover the Cost of controlling a well that is out of control, Re-drilling
or Restoration expenses, Seepage and Pollution Damage. Damage to Property in
the Operator's Care, Custody, and Control with a sub-linut of five hundred
thousand dollars ($500,000) may be added.
35.22.9. - Security.
A. A security instniment that covers each well shall be delivered to the Oil and Gas
Inspector before the issuance of the Gas Well Pernut for the well. The instniment shall
provide that it cannot be cancelled without at least thirty (30) days' prior written notice to
the City and, if the instniment is a performance bond, that the bond cannot be cancelled
without at least ten (10) days' prior written notice for non-payment of prenuum. The
instniment shall secure the obligations of the operator related to the well to:
1. Repair damage, excluding ordinary wear and tear, if any, to public streets, including
but not limited to bridges, caused by the operator or by the operator's employees,
agents, contractors, subcontractors or representatives in the performance of any
activity authorized by or contemplated by the Gas Well Permit;
2. Comply with the insurance and security provisions set forth in Section 3522.8 and
Section 3522.9;
3. Pay fines and penalties imposed upon the operator by the City for any breach of the
Gas Well Pernut; and
4. Comply with Site Reclamation requirement.
B. The security instniment may be in the form of an irrevocable letter of credit or payment
bond issued by a banlc or surety approved by the City. The instniment shall nin to the
City for the benefit of the City, shall become effective on or before the date the Gas Well
Pernut is issued, and shall remain in effect until the well is abandoned and the site
restored.
C. A certificate of deposit may be substit�ited for the letter of credit or payment bond. The
certificate shall be issued by a banlc in Denton County, Texas, shall be approved by the
City, shall be payable to the order of the City to secure the obligations of the Operator
described above, and shall be pledged to the banlc with evidence of delivery provided to
37
the Director of Planning and Community Development. Interest on the certificate shall be
payable to the operator.
E. The security instniment may be provided for an individual well, or for multiple wells on
each Drilling and Production Site. The amount of the security shall be determined by the
City Engineer, with due regard to the costs and rislcs to be secured in subsection A,
above, either on a per-application basis, or as adnunistratively established and amended
in the Application Criteria Manual, in the minimum amount of one hundred thousand
dollars ($100,000.00) for a single well on the site, two hundred thousand dollars
($200,000) for two (2) to four (4) wells on the same site, or three hundred thousand
dollars ($300,000.00) for 5 or more wells on the same site.The security will terminate
when the Oil and Gas Inspector confirms in writing that one of the following events has
occurred:
1. The Gas Well Permit is transferred, and the Operator-transferee provides replacement
security that complies with this section; or
2. The well is plugged and abandoned and the site restored.
F. An appeal of the determination of the amount of security required under this Subchapter
may be made to the Planning and Zoning Comnussion for recommendation to the City
Council for final determination of the amount of security.
35.22.10. - Review of Permits for Gas Well Drilling and Production.
A. All applications for Gas Well Pernuts shall be filed with the Department who shall
immediately forward all applications to the DRC for review. Incomplete applications
shall be returned to the applicant, in which case the City shall provide a written
explanation of the deficiencies if requested by the applicant. The City shall retain a
processing fee determined by ordinance. The City may return any application as
incomplete if there is a dispute pending before the Railroad Comnussion regarding the
determination of the operator. No Gas Well Permit shall be approved under this Section
unless the property owner or applicant first receives approval of:
1. A SUP, where required, a Detailed Plan in a PD district, or a site-specific
authorization in a MPC district;
2. A Watershed Protection Permit, where applicable; and
3. A Gas Well Development Site Plan.
Denial or conditional approval of any such applications shall be grounds for denial or
conditional approval of the Gas Well Pernut.
B. The DRC shall review each application consistent with the procedures set forth in
3 5.16.8 and shall determine:
38
1. Whether the application includes all of the information required by this Subchapter;
2. Whether the application is in conformance with the applicable Gas Well
Development Site Plan, applicable SUP, MPC Zoning District or PD Zoning District;
and
3. Whether the application is in conformance with the insurance and security
requirements set forth in Subsection 35.22.8 and Subsection 35.22.9.
C.The Oil and Gas Inspector may not release the approved Gas Well Permit until after the
Operator has provided:
1. the security required by Subsection 3522.9;
2. upon the Operator entering into a Road Damage Remediation Agreement that will
obligate the operator to repair damage excluding ordinary wear and tear, if any, to
public streets, including but not linuted tq bridges caused by the operator or by the
operator's employees, agents, contractors, subcontractors or representatives in the
performance of any activity authorized by or contemplated by the approved Gas Well
Pernut; and
3. a copy of the recordable instniment filed with the County Records Department as
required by Subsection 35.22.6.B.3.u.
D.The failure of the DRC or the Oil and Gas Inspector to review and issue a Gas Well
Pernut within the time limits specified above shall not cause the application for the
Pernut to be deemed approved.
E. Each Gas Well Permit issued by the Oil and Gas Inspector shall:
L Identify the name of each well and its Operator;
2. Specify the date on which the Oil and Gas Inspector issued each Pernut;
4. Specify the date by which drilling shall commence, otherwise the Permit expires
(such date shall not be less than 6 months after the date of issuance).
4. Specify that if drilling is commenced before the Permit expires, the Pernut shall
continue until the well covered by the Permit is abandoned and the site restored;
5. Incorporate, by reference, the insurance and security requirements set forth in
Subsection 35.22.8 and Subsection 35.22.9;
39
6. Incorporate, by reference, the requirement for periodic reports set forth in Subsection
35.22.11 and for Notice of Activities set forth in Subsection 3522.12;
7. Incorporate the full text of the release of liability provisions set forth in Subsection
35.22.8.A.1;
8. Incorporate, by reference, the conditions of the applicable Watershed Protection
Pernut, Gas Well Development Site Plan, and applicable SUP, MPC Zoning District,
or PD Zoning District, and Gas Well Ordinance applicable at the initiation of the gas
well drilling and production proj ect;
9. Incorporate, by reference, the information contained in the Permit application;
10. Incorporate, by reference, the applicable niles and regulations of the RRC, including
the applicable "field niles";
11. Specify that no drilling operations (including the constniction of internal private
access roads) shall commence until the operator has provided the security required by
Subsection 35.22.9;
12. Contain the name, address, and phone number of the person designated to receive
notices from the City, which person shall be a resident of Texas that can be served in
person or by registered or certified mail;
13. Incorporate by reference all pernuts and fees required by the Fire Code;
14. Incorporate the well's RRC pernut number and the American Petroleum Institute
(AP� number;
15. Incorporate, by reference all other applicable provisions set forth in the DDC; and
16. Contain a notarized statement signed by the Operator, or designee, that the
information is, to the best lcnowledge and belief of the Operator or designee, is tnie
and correct.
17. Contain a statement that the Operator is required to comply with all applicable federal
and state laws and regulations, which the City will verify compliance as part of its
periodic inspections.
F. The decision of the Oil and Gas Inspector to deny an application for a Gas Well Pernut
shall be provided to the operator in writing within ten (10) days after the decision,
including an explanation of the basis for the decision .
G. If an application for a Gas Well Pernut is denied by the Oil and Gas Inspector, nothing
herein contained shall prevent a new Permit application from being submitted to the City
for the same well.
40
H. Expiration of Gas Well Pernut.
1. A Gas Well Pernut is valid for six (6) months and shall automatically expire, unless
gas well drilling and production have commenced prior to expiration.
2. If a Gas Well Pernut has been issued by the City but gas well drilling and production
have not commenced prior to the expiration of the permit, the permit shall not be
extended unless a special exception has been approved by the Board of Adjustment
pursuant to 35.22.16; however, the Operator may reapply for a new pernut.
3. If gas well drilling and production have commenced prior to the expiration of the Gas
Well Pernut issued by the City, the permit shall continue, and Operator shall be
subject to an Annual Inspection and Administration fee.
4. If gas well drilling and production have commenced following issuance of a Gas
Well Pernut by the City before the expiration date, the approved Drilling and
Production Site and all activities shall be subject to inspections by the City to ensure
compliance with terms and conditions of the Gas Well Pernut and all applicable
standards of the DDC.
35.22.11. - Periodic Reports.
A. The Operator shall notify the Oil and Gas Inspector of any changes to the following
information within one (1) business day after the change occurs.
1. The name, address, and phone number of the Operator;
2. The name, address, and twenty-four (24)-hour phone number of the person(s) with
supervisory authority over the Drilling and Production Site;
3. The name, address, and phone number of the person designated to receive notices
from the City, which person shall be a resident of Texas that can be served in person
or by registered or certified mail; and
4. The Operator's Emergency Action Plan if required to file one pursuant to federal or
state law.
B. The Operator shall provide a copy of any "incident reports" or written complaints
subnutted to the RRCor any other state or federal agency within thirty (30) days after the
operator has notice of the existence of such reports or complaints. This includes the
recording of both reportable and non-reportable events as noted in Texas Adnunistrative
Code, Title 30.
41
C. Beginning the January after each well is spud, and continuing on each January
thereafter until the operator notifies the Oil and Gas Inspector that the well has been
plugged and abandoned and the Drilling and Production Site restored, the operator shall
prepare a written report to the Oil and Gas Inspector identifying any changes to the
information that was included in the application for the applicable Gas Well Permit that
have not been previously reported to the City.
D. The Operator must provide a copy to the Oil and Gas Inspector all reports otherwise filed
with the TCEQ in connection with an installed vapor recovery unit as described in
3522.S.A2.n. The Operator shall also provide the City with copies of any responses
provided by TCEQ. Such reports and responses shall be lcept on the Drilling and
Production Site and shall be available for inspection when requested by the Oil and Gas
Inspector.
E. The Operator shall provide the City with copies filed with the RRC of the respective
reports for setting surface casing, blowout preventer (BOP) pressure testing, bridge plug
testing, pressure relief valve testing, and level control testing. The Operator shall also
provide the City with copies of any responses provided by the RRC. Copies of such
reports and responses shall be lcept on the Drilling and Production Site and shall be
available for inspection when requested by the Oil and Gas Inspector.
F. The Operator shall submit a copy of a soil sampling analysis as required by Subsection
3522.S.A2.q upon request by the Oil and Gas Inspector.
G. In addition to the records listed in Subsections 3522.S.A.61c.i and 3522.11.B, the
Operator shall provide the City with a copy of all records filed with the RRC and TCEQ
by the Operator or by third parties. Copies of such records shall be lcept on the Drilling
and Production Site and shall be available for inspection when requested by the Oil and
Gas Inspector.
35.22.12. - Notice of Activities.
A. Any Operator who intends to perform the following activities: (1) drill a well; (2) re-
worlc a well using a drilling rig; (3) to fracture stimulate a well ;(4) perform flow bacic
operations; (5) plug a well; (6) perform any other maintenance at a Drilling and
Production Site; or (7) to conduct seismic exploration not involving explosive charges;
shall give written notice to the City at least two (2) days before the activities begin. Road
Damage Remediation Fees shall be paid to the City and submitted with the Notice of
Activities.
B. All dwellings within one thousand (1,000) feet of a well shall be notified a nunimum of
forty-eight (48) hours prior to the activities.
1. The notice shall identify where the activities will be conducted and shall describe the
activities in reasonable detail, including but not linuted to the duration of the activities
and the time of day they will be conducted.
�2
2. The notice shall also provide the address and twenty-four (24)-hour phone number of
the person conducting the activities.
C.The Operator responsible for the activities shall post a sign at the entrance of the
Drilling and Production Site giving the public notice of the activities, including the name,
address, and twenty-four (24)-hour phone number of the person conducting the activities.
D. If upon receipt of the notice the City deternunes that an inspection by the Oil and Gas
Inspector is necessary, the operator will pay the City's customary charge for the
inspection.
E. Surface Casing.
1. The Operator shall notify the Inspector within 24 hours of setting surface casing.
2. Casing procedures shall follow RRC Rule 3.13, or any successor regulation.
F. If a proposed Drilling and Production Site is located within one thousand (1,000) feet of a
protected use, the Operator shall also host a public meeting at a location accessibly
convenient to surrounding property owners and residents at least ten (10) days, but no
more than forty-five (45) days, prior to either: (1) the public hearing held by the Planning
and Zoning Commission in connection with an SUP application, or (2) the submission of
a Gas Well Development Site Plan if an SUP is not required. The Operator must provide
written notice of the meeting to all property owners located within one thousand (1,000)
feet of the proposed Drilling and Production Site. A mailing list that identifies each
property and property owner shall be submitted to the Oil and Gas Inspector for proof of
compliance with this requirement. The meeting should provide information regarding
planned activities and timelines for the site and must provide an opportunity for citizens
to aslc questions about the proposed site. All notification and meeting costs shall be
borne by the Operator.
G. All surrounding property owners, businesses and residents within one thousand (1,000)
feet of a Drilling and Production Site shall be notified a nunimum of forty-eight (48)
hours prior to fracturing of a wellhead. In addition, at least two (2) business days before
fracturing operations commence, the Operator shall post a sign at the entrance of the site
advising the public of the date the operations will begin and send notice to the City.
35.22.13. - Amended Gas Well Permits.
A. AnOperator may subnut an application to the Oil and Gas Inspector to amend existing
Gas Well Pernuts to:
1. Commence drilling from a new drill site that is not shown on (or incorporated by
reference as part of) the existing permit;
2. To relocate a drill site or operation site that is shown on (or incorporated by reference
as part o� the existing Gas Well Permit; or
43
3. To otherwise amend the existing Gas Well Pernut, for land subject to the same
approved Gas Well Development Site Plan.
B. Applications for amended Gas Well Pernuts shall be in writing, shall be on forms
provided by the Department of Planning and Development, shall be signed by the
operator, and shall include the following:
1. The application fee as set by City ordinance;
2. A description of the proposed amendments;
3. Any changes to the information submitted with the application for the existing Gas
Well Pernut (if such information has not previously been provided to the City);
4. Such additional information as is reasonably required by the Oil and Gas Inspector to
demonstrate compliance with the applicable Gas Well Development Site Plan,
applicable SUP or PD District; and
5. Such additional information as is reasonably required by the Oil and Gas Inspector to
prevent imminent destniction of property or injury to persons.
C. All applications for amended Gas Well Permits shall be filed with the Department of
Planning and Development, and the Department shall immediately forward all
applications to the Oil and Gas Inspector for review. Incomplete applications may be
returned to the applicant, in which case the City shall provide a written explanation of the
deficiencies; however, the City may retain a processing fee as determined by the Oil and
Gas Inspector. The City may return any application as incomplete if there is a dispute
pending before the RRC regarding the determination of the Operator.
D. If the activities proposed by the amendment are not materially different from the
activities covered by the existing Gas Well Permit or Gas Well Development Site Plan,
and if the proposed activities are in conformance with the applicable Watershed
Protection Pernut, Gas Well Development Site Plan, applicable SUP or Detailed Plan in a
PD District, or site-specific authorization in a MPC District, then the Oil and Gas
Inspector shall approve the amendment within ten (10) days after the application is filed.
E. If the activities proposed by the amendment are materially different from the activities
covered by the existing gas well permit, and if the proposed activities are in conformance
with the applicable Watershed Protection Pernut, Gas Well Development Site Plan,
applicable SUP or Detailed Plan in a PD District, or site-specific authorization in a MPC
District, then the Oil and Gas Inspector shall approve the amendment within thirty (30)
days after the application is filed. In addition, if the activities proposed by the amendment
are materially different or, in the judgment of the Oil and Gas Inspector, nught create a
rislc of imminent destniction of property or injury to persons that was not associated with
the activities covered by the existing pernut or that was not otherwise taken into
44
consideration by the existing pernut, the Oil and Gas Inspector may require the
amendment to be processed as a new Gas Well Permit application.
F. The failure of the Oil and Gas Inspector to review and issue an amended Gas Well
Pernut within the time limits specified above shall not cause the application for the
amended Pernut to be deemed approved.
G. The decision of the Oil and Gas Inspector to deny an amendment to a Gas Well Pernut
shall be provided to the operator in writing within ten (10) days after the decision,
including an explanation of the basis for the decision. The operator may appeal any such
denial in accordance with Section 3522.16.A.1.
35.22.14. - Transfer of Gas Well Permits.
A Gas Well Permit may be transferred by the Operator with the written consent of the City if
the transfer is in writing signed by both parties, if the transferee agrees to be bound by the
terms and conditions of the transferred Pernut, if all information previously provided to the
City as part of the application for the transferred Pernut is updated to reflect any changes,
and if the transferee provides the insurance and security required by Section 35.22.8 and
Section 3522.9. The insurance and security provided by the transferor shall be released if a
copy of the written transfer is provided to the City and all other requirements provided in this
subsection are satisfied. The transfer shall not relieve the transferor from any liability to the
City arising out of any activities conducted prior to the transfer.
35.22.15. - Inspection.
A. The Oil and Gas Inspector shall have the authority to issue any orders or directives
required to carry out the intent and purpose of this Subchapter. Failure of any person to
comply with any such order or directive shall constitute a violation of this Subchapter.
B. The Oil and Gas Inspector shall have the authority to enter and inspect any prenuses
covered by the provisions of this subchapter, to deternune compliance with its provisions,
and all applicable laws, niles, regulations, standards, or directives of any local state or
federal authority.
C. Pursuant to inspection authority granted by the Texas Clean Air Act and the Texas Water
Code, the Oil and Gas Inspector shall conduct periodic inspections of all wells pernutted
under this Subchapter.
D. Inspections may include periodic evaluations of air quality, both on, and at the boundary
of, Drilling and Production Sites. Inspections will also include an evaluation of Operator
conformance with their Hazardous Materials Management Plan and other applicable
requirements to their site.
4�
35.22.16. — Appeals and variances.
A. Procedures.
1. The Board of Adjustment shall hear and decide appeals of orders, decisions, or
determinations made by the Oil and Gas Inspector relative to the application and
interpretation of this Subchapter, except for those matters described in Sections
35.22.4.F.3 and 3522.17; furthermore the Board of Adjustment shall hear and decide
requests for variances to the provisions of this Subchapter under the relevant criteria
set forth below. The Board may also grant a special exception extending the
expiration date of a Gas Well Development Site Plan or a Gas Well Pernut for a
period not to exceed one year pursuant to the criteria set forth below. Any Operator
who desires to appeal the type of action described in this subsection or to file a
variance may file an appeal or variance to the Board of Adjustment pursuant to
procedural process outlined in Section 35.3.6 of the DDC. Appeal fees shall be
required for every appeal or variance request. The Board of Adjustment shall review
the appeal or variance and any other related information.
a. Standard of review for appeals. The members of the Board of Adjustment shall
have and exercise the authority to hear and deternune appeals where it is alleged
there is error or abuse of discretion regarding the approval or denial of a Gas Well
Development Site Plan, or the issuance or non-issuance of a Gas Well Permit.
b. Standard of review for variances. In deciding variance requests, the Board of
Adjustment shall consider, where applicable, the following relevant criteria:
Whether there are special circumstances existing on the property on which the
application is made related to size, shape, area, topography, surrounding
conditions and location that do not apply generally to other property in the
vicinity;
ii. Whether a variance is necessary to permit the applicant the same rights in the
use of his property that are presently enjoyed by other similarly situated
properties, but which rights are denied to the property on which the
application is made;
iii. Whether the granting of the variance on the specific property will adversely
affect any other feature of the comprehensive master plan of the town;
iv. Whether the variance, if granted, will be of no material detriment to the public
welfare or injury to the use, enjoyment, or value of property in the vicinity;
46
v. Whether the operations proposed are reasonable under the circumstances and
conditions prevailing in the vicinity considering the particular location and the
character of the improvements located there;
vi. Whether the drilling of the maximum number of potential wells for the
proposed drill site would conflict with the orderly growth and development of
the town;
vii. Whether there are other alternative well site locations;
viii. Whether the operations proposed are consistent with the health, safety and
welfare of the public when and if conducted in accordance with the oil, gas, or
combined well permit conditions to be imposed;
ix. Whether the operations proposed are consistent with protecting the ecological
integrity and environmental quality, including protection of surface and
ground water sources, of potentially impacted environmentally sensitive areas;
x. Whether there is reasonable access for town fire personnel and firefighting
equipment, including the ability to safely evacuate potentially affected
residents;
xi. Whether the impact upon the adj acent property(ies) and the general public by
operations conducted in compliance with the oil, gas, or combined well permit
conditions are reasonable and justified, balancing the following factors:
1. The reasonable use of the nuneral estate by the nuneral estate owner(s) to
explore, develop, and produce the minerals; and
2. The availability of alternative drilling sites; and
xii. Where a variance is requested to reduce separation standards in 3522.S.A.1,
in addition to other relevant criteria, the extent to which owners of Protected
Uses, or freshwater wells currently in use, or previously platted subdivision
where one or more lots have habitable stnictures, have consented to the
reduction in separation standards in writing.
c. The Board of Adjustment shall determine whether to grant an extension of the
expiration date for a Gas Well Development Site Plan or Gas Well Pernut based
upon whether there are circumstances reasonably beyond the control of the
47
Operator, including any delay on the part of the City in issuing subsequent
pernuts, that justify an extension of the Site Plan or Pernut, in order that the
Operator may enj oy the same rights in the use of the property that are presently
enj oyed by other similarly situated properties, but which rights are denied to the
property for which the Site Plan or Pernut expires.
2. The Board of Adjustment may reverse or affirm, in whole or in part, or modify the
Oil and Gas Inspector's order, requirement, decision or deternunation from which an
appeal is taken and make the correct order, requirement, decision or determination
from which an appeal is taken and make the correct order, requirement, decision or
determination. The Board of Adjustment may issue a variance to the applicant under
the criteria referenced in Subsection A.l.b., and may grant a special exception under
the criteria referenced in A.l.c. Any action under this subsection shall require a
three-fourths majority vote of the entire Board of Adjustment.
3. Any Operator aggrieved by any decision of the Board of Adjustment may present to a
court of record a petition, duly verified, stating that such decision is illegal, in whole
or in part, and specifying the grounds of the alleged illegality. Such petition shall be
presented within ten days after the date on which the decision of the Board of
Adjustment was rendered and not thereafter, and judicial review of the petition shall
be pursuant to Texas Local Government Code, § 211.011, as amended.
B. Watershed Permit Appeals.
1. The applicant may appeal the denial or conditional approval of a Watershed
Protection Permit on grounds pertaining to the standards in Subsection 35.22.S.A.6
and 35.22.S.A.8 to the Planning and Zoning Commission within ten (10) calendar
days of the decision by the DRC. In deciding the appeal, the Planning and Zoning
Commission shall decide the appeal based upon the standards made applicable to the
pernut by Subsection 35.22.S.A.6 and 35.22.S.A.8.
2. The applicant may file a petition for review pursuant to Subsection 35.22.S.A.6 and
35.22.S.A.8 on grounds therein specified to the City Council within ten (10) calendar
days of the decision by the Planning and Zoning Commission. The Council shall
decide the petition based upon the criteria in Subsection 35.22.S.A.6 and 35.22.S.A.8.
C. Preemption Appeal.
1. Purpose. The regulation of gas well drilling and production in this subchapter
potentially overlaps with regulation of gas well drilling and production by the State of
Texas and the United States of America. The purpose of this section is to afford
48
Operators the opportunity to demonstrate to the City that one or more standards or
procedures contained in this subchapter are preempted by state or federal law.
2. Petition Contents. An Operator who is aggrieved by the promulgation or
application of the standards or procedures in this subchapter and who claims that one
or more such standards or procedures are preempted by state or federal law shall
subnut a petition to the Oil and Gas Well Inspector explaining the factual and legal
bases upon which the Operator relies to support his contention that a regulation in this
subchapter is preempted. The petition shall be accompanied by an unconditional
waiver of any statutory time periods or time periods established by ordinance for
review of any filed applications which are the subject of the petition. The petition
shall include, at a nunimum, the following:
a. The name, mailing address, phone number and fax number of the person (or the
person's duly authorized agent);
b. Identification of all property owned or under the control of the Operator that is
affected by the preemption claim;
c. Identification of the permit applications for which the applicant seelcs relief under
this section;
d. Identification of all regulations in this subchapter that the petitioner contends do
not apply to the proj ect due to preemption of the subj ect matter by state or federal
law;
e. For each regulation in this subchapter that is the subject of the Operator's
preemption claim, specification of the state or federal law, standard,
administrative nile or order that allegedly preempts the regulation, together with
an explanation of why such law, standard, administrative nile or order preempts
the regulation.
3. Procedure and Decision.
The Oil and Gas Inspector shall first determine whether the application is complete pursuant
to DDC section 35.16.8. Once the application has been determined to be or is deemed
complete, the Director shall forward the preemption petition, together with the required
supporting information or documentation, to the City Manager and City Attorney for their
respective reviews. Prior to rendering his final determination, the City Manager may request
a pre-deternunation conference with the petitioner to discuss the preemption claim and to
ensure that the nanire of the claim is fully and completely understood by the City Manager.
The City Manager, after consultation with the City Attorney, shall render a final
administrative deternunation that grants the relief requested in the petition in whole or in
part, or denies the requested relief in whole or in part within 30 days of the date the petition
is complete. The City Manager's determination shall include a statement of the reasons for
the decision, and shall identify the regulations that are preempted on their face or as applied
to the petitioner's permit application(s) for approval under this subchapter. The City
49
Manager may also recommend to the City Council that one or more regulations contained in
this subchapter should be repealed or modified so as to avoid other preemption claims.
35.22.17. - Remedies of the City.
A. If an Operator (or its officers, employees, agents, contractors, subcontractors or
representatives) fails to comply with any requirement of a Gas Well Permit (including
any requirement incorporated by reference as part of the Permit), the Fire Marshal or Oil
and Gas Inspector may, in connection with or separate from 35.22.18, give written notice
to the operator specifying the nature of the alleged failure and giving the Operator a
reasonable time to cure, talcing into consideration the nature and extent of the alleged
failure, the extent of the efforts required to cure, and the potential impact on the health,
safety, and welfare of the community. The Operator shall respond in writing within
forty-eight (48) hours and indicate how the violation(s) shall be cured. In no event,
however, shall the cure period be less than thirty (30) days unless the alleged failure
presents a rislc of imnunent destniction of property or injury to persons or unless the
alleged failure involves the operator's failure to provide periodic reports. The Fire
Marshal or Oil and Gas Inspector may issue a Stop Worlc Order under the Fire Code.
B. If the Operator does not cure the alleged failure within the time specified by the Fire
Marshal and/or Oil and Gas Inspector, the Fire Marshal and/or Oil and Gas Inspector may
notify the RRC and request that the RRC take appropriate action (with a copy of such
notice provided to the operator), and the City may pursue any other remedy available.
C. If the operator does not cure the alleged failure within the time specified by the Fire
Marshal and/or Oil and Gas Inspector, the Oil and Gas Inspector may upon
recommendation of the Health and Building Standards Commission
1. Recommend to the City Council that the Gas Well Pernut be suspended until the
alleged failure is cured; or,
2. Recommend to the City Council that the Gas Well Permit be revolced, if after prior
suspension the Operator does not cure the alleged failure.
D. The decision of the Fire Marshal and/or Oil and Gas Inspector to recommend suspension
or revocation of a Gas Well Pernut shall be provided to the Operator in writing at least
ten (10) days before any action by the City Council unless the alleged failure present a
rislc of imminent destniction of property or injury to persons.
E. If a Gas Well Pernut is revolced, the Operator may submit information to the Oil and Gas
Well Inspector evidencing that the alleged failure resulting in the revocation of the Gas
Well Pernut have been corrected, and an application for a new Gas Well Permit may be
subnutted for the same well.
35.22.18. - Enforcements, Right of Entry.
�0
A. The Fire Marshal and the Oil and Gas Inspector are authorized and directed to enforce
this Subchapter and the provisions of any Gas Well Pernut. Whenever necessary to
enforce any provision of this Subchapter or a Gas Well Permit, or whenever there is
reasonable cause to believe there has been a violation of this Subchapter or a Gas Well
Pernut, the Fire Marshal or Oil and Gas Inspector, may enter upon any property covered
by this Subchapter or a Gas Well Permit at any reasonable time to inspect or perform any
duty imposed by this Subchapter. If entry is refused, the City shall have recourse to every
remedy provided by law and equity to gain entry.
B. It shall be unlawful and an offense for any person to do the following:
1. Engage in any activity not permitted by the terms of a Gas Well Permit issued under
this Subchapter;
2. Fail to comply with any conditions set forth in a Gas Well Permit issued under this
Subchapter; or
3. Violate any provision or requirement set forth under this Subchapter.
C. The enforcement and penalty provision under Subsection 35.1.10.4 shall apply to a
violation of this Subchapter.
D. The Fire Marshal or Oil and Gas Inspector is authorized to issue citations into municipal
court for violations of this Subchapter or Gas Well Pernut.
E. The City may also notify the EPA, TCEQ, RRC or other applicable federal or state
agency in connection with violations of this Subchapter.
51
s:�,planning'�,cc relnted,vear 2013'�,01-.jnn`,01.08.13��,st��ffreport5`,dca12-000� subchapter22�,dca12-000� subchapter22_eshibit Z.C�OCl
Exhibit 2
Clean Ordinance Version
35.22.1. - Purpose, Authority and Applicability.
A. Purpose. The drilling and production of gas and the development of gas well facilities
within the corporate linuts of the City necessitate promulgation of reasonable regulations
to prevent devaluation of property; to protect watersheds; to prevent deleterious uses of
groundwater resources that actually or potentially threaten the health of persons in
proximity to drilling and production activities; to prevent or moderate noxious enussions
of gases that potentially threaten the health of nearby residents and employees; to prevent
injury to persons and property; to ensure that gas well drilling and production activities
are compatible with adj acent land uses throughout the duration of such activities; and to
assure that such activities conform to The Denton Plan. The regulations contained in this
Subchapter are designed to protect the health, safety, and general welfare of the public
and to assure that the orderly and practical development of mineral resources is
compatible with the quiet enj oyment of affected surface estates. The regulations
contained in this Subchapter are designed to implement the purposes set forth in this
subsection and are supported by the following findings of fact:
1. Gas well drilling and production activities create externalities that potentially threaten
the health, safety and general welfare of persons residing or worlcing on property in
proxinuty to such operations.
2. Gas well drilling and production activities, in the absence of local regulatory controls,
may generate noxious aerial enussions, introduce contanunants into groundwater,
emit high noise levels, produce large volumes of dust, congest local streets, present
fire hazards and produce other deleterious effects, all of which fall disproportionately
on adjacent land uses, and which can result individually or cumulatively in injury to
persons and destabilization of property values in the vicinity of such operations.
3. The City of Denton recognizes that the United States and the State of Texas regulate
gas well drilling and production activities for the purpose of implementing broad air
quality and water quality goals. The regulations in this Chapter are intended to
supplement such standards in order to implement compatible local objectives that
assure the health, safety and general welfare of the City's residents and businesses.
B. Authority. This Subchapter is adopted pursuant to authority vested under the
constitution and laws of the United States, the State of Texas and the City of Denton.
Each authorization identified in this Subchapter shall be constnied as an exercise of the
City's zoning powers, pursuant to the Denton City Charter, Texas Local Government
Code Chapters 211 and 212 and the provisions of Subchapter 35.5 of the Denton
Development Code (DDC).
C. Applicability. The provisions of this Subchapter apply only within the corporate linuts
of the City of Denton, except as otherwise stated in section 35.16.19 of the DDC.
35.22.2. - Definitions.
All technical industry words or phrases related to the drilling and production of gas wells not
specifically defined shall have the meanings customarily attributable thereto by pnident
operators in the gas industry. For the purposes of this Subchapter, the following definitions,
without regard to whether the defined terms are capitalized when used, shall apply unless the
context clearly indicates or requires a different meaning.
Ambient Noise Level. An all-encompassing noise level associated with a given environment. A
composite of sounds from all sources (excluding the noise in question) at the location and
approximate time at which a comparison with the noise in question is to be made. In this context,
the ambient noise level constitutes the normal or e�sting level of environmental noise at a given
location. The ambient noise level is established by recording sounds from all sources (excluding
the noise in question) over a continuous seventy-two (72) hours period at the location prior to
drilling. The seventy-two (72) hour time span shall include at least one twenty-four (24) hour
reading during either a Saturday or Sunday.
Blowout Preventer (BOP). A mechanical, hydraulic, or pneumatic apparatus, or combination of
such apparati, that can be secured over top of an open wellbore, or drill pipe or casing tubular
that„ via remote act�iators, can be actuated remotely in the event that an emergency well control
situation arises. The primary function of the BOP is to shut the well and to regain pressure
control of the formation fluids from blowing out of the well.
Closed-loop mud system. A system that uses a combination of solids control equipment
incorporated in a series of steel tanks that eliminates the use of a pit.
Commencement of Drilling Activities. The reflection of either "Spud Well" or "Nipple Up" the
Blow Out Protectors (BOP) by the drilling contractor on the IADC-API Daily Drilling Report
Form maintained by the Operator's tool pusher on the pad site.
Completion combustion device. Any ignition device, installed horizontally or vertically, used
in exploration and production operations to combust otherwise vented emissions from
completions.
Completion of drilling, re-drilling and re-working. The date the worlc is completed for
drilling, re-drilling, or re-worlcing, and the crew is released by completing its work or contracted
by its employer.
Contaminant. Any substance capable of contaminating a non-related homogeneous material,
fluid, gas or environment. Daytime. The period from 7:00 a.m. to 7:00 p.m., Monday through
Friday; and from 8:00 a.m. to 5:00 p.m., Saturdays and Sundays.
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Delineation well. A well drilled in order to deternune the boundary of a field or producing
reservoir.
Drilling. Term used to typically describe the means by which the earth is bored to create a
pathway to formations containing hydrocarbons to allow for their production to the surface. It
can employ various types of mobilized drilling equipment to create a wellbore while
incorporating drilling fluids to cool the bit, to condition the hole, to remove drilled cuttings and,
most critically, to maintain an overbalanced pressure gradient against the formation that may
contained inherently pressurized well fluids.
Drilling and Production Site (A/K/A Gas Well Park, Gas Well Pad Site, and Drilling and
Production Area). The area dedicated to all gas well drilling or production activities, or both,
including the drilling and production area , all stnictures, closed-loop systems, dehydrators,
parlcing areas, security cameras, lighting, tanlcs, tanlc battery (or any other tanlc grouping area),
drilling rigs, separators, compressors, perimeter walls, utilities, and all other features or objects
contemplated for use during and after gas well drilling or production activities, as designated on
the Gas Well Development Plat or Gas Well Development Site Plan. Excluded from this
definition are gathering and transmission lines and compressor stations.
Drill Site. The area used for drilling, completing, or re-worlcing a well.
Emergency Action Plan (EAP). A written document which includes a set of procedures
intended to guide an organization's response to an accident or emergency.
Exploration. Geologic or geophysical activities, including, but not limited to surveying and
seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons.
Field Natural Gas. Natural gas extracted from a production well prior to entering the first stage
of processing, such as dehydration.
Flowback. The process of allowing fluids to flow from a natural gas well following a treatment,
either in preparation for a subsequent phase of treatment or in preparation for cleanup and
returning the well to production. The flowbacic period begins when material introduced into the
well during the treatment returns to the surface immediately following hydraulic fracturing or
refract�iring. The flowback period ends with either well shut in or when the well is producing
continuously to the flow line or to a storage vessel for collection, whichever occurs first.
Freshwater Well. A private water well used by a protected use.
Gas. Gas or natural gas, as such terms are used in the niles, regulations, or forms of the RRC.
Typically, a nanirally-occurring gaseous substance primarily composed of inethane and other
light, gaseous hydrocarbons.
Gas Processing Facility. A processing site engaged in the extraction of natural gas liquids from
field natural gas, or the fractionation of nuxed natural gas liquids to natural gas products, or a
combination of both.
-,
�
Gas Production (A/K/A Production). The phase that occurs after successful exploration,
drilling and development involving operations including, but not limited tq gas wells, tanlcs,
dehydrators, separators, mud pits, ponds, tanlc batteries or associated mechanical equipment, and
during which hydrocarbons are e�tracted from the gas field, excluding those operations and
facilities as defined and regulated by the Pipeline Safety Act of 1994, 49 U.S.C. §§ 60101—
60137.
Gas Well. Any well drilled for the production of gas or classified as a gas well under the Texas
Natural Resources Code.
Gas Well Permit. Any written license granted by the City of Denton for the exploration,
drilling, development, production, and operation of natural gas, issued pursuant to niles and
regulations of this Subchapter. A Gas Well Permit is required for each well.
Habitable Structure. Stnictures suitable for human habitation or occupation for which a
Certificate of Occupancy or Final Inspection Certificate is required, including but not linuted to
single or multi-family dwellings, accessory guest houses, hotels, condominium buildings, public
buildings, and enclosed buildings used for commercial or industrial purposes. A habitable
stnicture shall not include accessory buildings, barns, garages and sheds.
Hazardous Materials Management Plan. The hazardous materials management plan and
hazardous materials inventory statements required by the Fire Code.
Hydraulic Fracturing. The process of directing pressurized fluids containing any combination
of water, proppant, and any added chemicals to penetrate tight formations, such as shale or coal
formations, that subsequently require high rate, extended flowbacic to expel fracture fluids and
solids during completions.
Hydraulic Refracturing. Conducting a subsequent hydraulic fracturing operation at a well that
has previously undergone a hydraulic fracturing operation.
Lift Compressor. A mechanized device that compresses gas prior to its introduction into a well
for use in lifting well liquids to the surface.
Lightning Protection System. An integrated system designed to ground metal equipment on a
rig, well pad or at a tank battery location for protection against electrical shock, fire or explosion
due to lightning.
Line Compressor. An electrical or gas-powered-pumping device that increases the pressure of
natural gas so that its pressure exceeds that of the inherent line pressure of the pipe to which it is
being introduced.
Liner. In pit constniction, a liner is an impervious material, either synthetic or natural, that is
used to line the interior of a pit to prevent pit fluids from lealcing or leaching into the
environment. In well constniction, a liner is a tubular sheath employed downhole for a variety of
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purposes, such as isolating a particular zone, repairing casing lealcs, augmenting the integrity of
the hole size, among others.
Low pressure gas well. A well with reservoir pressure and vertical well depth such that 0.445
times the reservoir pressure (in psia) nunus 0.038 times the vertical well depth (in feet) minus
67.578 psia is less than the flow line pressure at the sales meter.
New Well. A well bore drilled from surface or new lateral wellbore drilled from an existing
vertical pilot hole at a depth different from other laterals in the same well; or a section of an
existing well that is purposefully deviated or "lcicked-off' around an abandoned lower section of
the initial hole. Not to be confused with recompletion.
Nighttime. The period commencing at 7:00 p.m. and ending at 7:00 a.m., Monday through
Friday and from 5:00 p.m. to 8:00 a.m., Saturdays and Sundays.
Nipple Up. The process of assembling well-control or pressure-control equipment on the
wellhead.
Oil and Gas Inspector or Inspector. An inspector designated by the City of Denton that is
responsible for evaluating the impacts of exploration, development, and production of oil and/or
gas wells. Responsibilities include environmentally sensitive areas review, erosion control
inspection, monitoring, and evaluating compliance with federal, state, and local regulations.
Also responsible for processing and approving Gas Well Development Plat, Gas Well
Development Site Plan and Gas Well Permit applications.
Operator. The person(s) in charge and in control of drilling, maintaining, operating, pumping,
or controlling any well or pipeline including without limitation, a unit operator.
Petroleum Specialist. A person familiar with and educated in the oil and gas industry who has
been retained by the City.
Pit. A temporary or permanent containment for circulated fluids. A pit shall include:
Completion/Worlcover pit: Pit used for storage or disposal of spent completion fluids,
worlcover fluids and drilling fluid, silt, debris, water, brine, oil scum, paraffin, or other
materials which have been cleaned out of the wellbore of a well being completed or
worlced over.
Drilling fluid disposal pit: Pit, other than a reserve pit, used for disposal of spent drilling
fluid.
Fresh malceup water pit: Pit used in conjunction with drilling rig for storage of water
used to malce up drilling fluid.
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Mud circulation pit: Pit used in conjunction with drilling rig for storage of drilling fluid
currently being used in drilling operations.
Reserve pit: Pit used in conjunction with drilling rig for collecting spent drilling fluids;
cuttings, sands, and silts; and wash water used for cleaning drill pipe and other equipment
at the well site. Reserve pits are sometimes referred to as slush pits or mud pits.
Saltwater disposal pit: Pit used for disposal of produced salt���ater.
Washout pit: Pit located at a tnicic yard, tanlc yard, or disposal facility for storage or
disposal of oil and gas waste residue washed out of tnicks, mobile tanks, or slcid-mounted
tanlcs.
Water Condensate pit: Pit used in conjunction with a gas pipeline drip or gas compressor
station for storage or disposal of fresh water condensed from natural gas.
Plugging and Abandonment. "Plugging" as defined by the RRC and includes the plugging of
the well, abandoned, orphaned or otherwise, and restoration of the Drilling and Production Site
as required by this Subchapter.
Protected Use. Any dwelling, church, public parlc, public library, hospital, pre-lcindergarten,
lcindergarten or elementary, nuddle or high school, public pool, public transit center, senior
center, public recreation center, hotel or motel.
Railroad Commission (RRC). The Railroad Commission of Texas.
Reduced emissions completion. A well completion following fracturing or refracturing where
gas flowbacic that is otherwise vented is captured, cleaned, and routed to the flow line or
collection system, re-injected into the well or another well, used as an on-site fuel source, or used
for other useful purpose that a purchased fuel or raw material would serve, with no direct release
to the atmosphere.
Re-working. Re-completion or re-entry of an existing well within the existing bore hole or by
deepening or sidetracic operations which do not extend more than one hundred fifty (150) feet
from the existing well bore, or replacement of well liners or casings.
Site-specific authorization means the prior approval by ordinance of City Council, of one or
more specifically located and defined gas well site locations, subject to further site design,
development, regulatory and permitting requirements, as set forth in this Code or as specified
within the site approval ordinance (or both), as applicable.
Spud. The first time the drill bit enters the ground for gas well drilling and production.
Tank. A natural or man-made container, covered or uncovered, in which to store, contain or nux
liquids or hydrocarbons used or produced in conjunction with the drilling, stimulation or
production operations of an oil or gas well.
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Technical advisor. 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 of
Denton.
Well. A hole or bore drilled to any horizon, formation, or strata for the purpose of producing
natural gas, or liquid hydrocarbons.
Well completion. The process that allows for the flowbacic of petroleum or natural gas from
newly drilled wells to expel drilling and reservoir fluids and tests the reservoir flow
characteristics, which may vent produced hydrocarbons to the atmosphere via an open pit or
tanlc.
Well completion operation. Any well completion with fracturing or refracturing occurring at a
gas well affected facility.
Wildcat well. A well outside lcnown fields or the first well drilled in an oil or gas field where no
other oil and gas production exists.
Workover Operation. Work performed on a well after its initial completion to secure
production where there has been none, to restore production that has ceased, or to enhance or
increase production within the zone originally completed.
35.22.3. - Zoning District Classifications for Gas Well Drilling and Production.
A. The drilling and production of gas within the corporate limits of the City shall be
pernutted by right within the Rural Residential (RD-5) or within any unzoned area of the
City that is subject to the use regulations of the RD-5 District, Rural Commercial (RC),
Neighborhood Residential 1(NR-1), Neighborhood Residential 2(NR-2), Regional
Center Commercial Neighborhood (RCC-N), Regional Center Commercial Downtown
(RCC-D), Employment Center Commercial (EC-C), Employment Center Industrial (EC-
I), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning
Districts, except as provided in subsection B, and subject to compliance with the
requirements of this Subchapter.
B. The drilling and production of gas within the corporate limits of the City in all other
zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter
35.6, or through approval of a Detailed Plan in a Planned Development (PD) district, or
site-specific authorization in Master Planned Community (MPC) district.
Notwithstanding the provisions of Subsection A, approval of a Specific Use Pernut also
shall be required for gas well drilling and production on any land located within the 100-
year flood fringe or within one thousand, two hundred (1,200) feet of the flood pool
elevation of Lalce Ray Roberts or Lalce Lewisville.
1. An application for a Specific Use Permit, or site-specific authorization in a planned
development district (PD) or master planned community district (MPC), for the
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drilling and production of a gas well shall be filed by the person having legal
authority to do so. That person is presumed to be the record owner, nuneral owner, or
the duly authorized agent of either the record owner or the mineral owner. The
Director of Planning and Development may require an applicant to subnut
information of authority to file an application.
2. The Chairman of the DRC has the authority to establish requirements for applications
in the Application Criteria Manual. No application shall be accepted for filing until it
is complete and the fee established by the City Council of the City of Denton has
been paid. Incomplete applications shall be returned less a fee for processing
determined by the Director of Planning and Development.
3. Approval of a SUP, a detailed plan in a PD District or site-specific authorization in a
MPC district, shall be conditioned on compliance with the requirements of this
Subchapter.
35.22.4. - Required Authorization for Gas Well Drilling and Production in City Limits.
A. No gas well drilling or production activities may commence within the City linuts until
the following authorizations have been obtained, in the following sequence:
1. Approval of a Specific Use Pernut, where required by Section 35.22.3.B, approval of
a Detailed Plan in a PD district, or site-specific authorization in a MPC district;
2. Approval of a Watershed Protection Pernut, where location of any gas well drilling or
production activities is proposed on land in the flood fringe or in an Environmentally
Sensitive Area (ESA), subject to the application requirements and standards of
Section 3522.S.A.8;
3. Approval of a Gas Well Development Site Plan, subject to the application
requirements and standards of Section 35.22.6; and
4. Approval of a Gas Well Pernut, subject to the application requirements and standards
of Section 3522.7.
B. An application for any authorization for gas well drilling and production listed in
Subsection A may be submitted simultaneously with any other listed application, but the
applications must be approved in the numerical order listed. No subsequent application
shall be determined to be complete and hereby is deemed to be incomplete until all
required prior applications have been approved, and no completeness deternunation shall
be made until such prior applications have been approved.
C. Approved applications for gas well drilling and production shall expire under the
following circumstances:
8
1. A Specific Use Pernut, or site-specific authorization in a PD district or MPC district,
expires according to its terms;
2. A Watershed Protection Pernut expires with the expiration of a Gas Well
Development Site Plan.
3. A Gas Well Development Site Plan expires unless a complete application for a Gas
Well Permit has been filed within one (1) years of the date of approval of the site
plan.
4. A Gas Well Permit expires if gas well drilling activities have not commenced within
six (6) months of the date of approval of the Gas Well Pernut.
5. The expiration of any subsequent application results in the expiration of all prior
approved applications for the same activity.
D. Approved applications for gas well drilling and production may not be extended prior to
expiration. Following expiration of an approved application for gas well drilling and
production, a new application must be submitted, which shall be subject to all DDC
standards and procedures then in effect.
E. The authorizations required by this Subchapter are in addition tq and not in lieu of, any
pernuts that may be required by any other provision of the Denton City Code or by any
other government agency.
F. Legal Non-Conformity; Exceptions.
The provisions of Subchapter 11 are applicable to gas well drilling and production
activities. For purposes of Subchapter 11, the drilling of a new gas well and
associated production activities do not constitute an existing use. Every Operator of a
Drilling and Production Site that has been annexed into the City shall register the
Drilling and Production Site within 30 days of the effective date of the annexation.
2. Unless the City deternunes that an exemption provided under Texas Local
Government Code, Section 245.004 or successor statute applies to an amendment to
the standards and procedures in DDC Subchapters 35.16, 3522 and 35.23, or that
Texas Local Government Code, Chapter 245 otherwise is inapplicable to permits for
gas well drilling and production, such standards or procedures, except to the extent
necessary to give effect to this subsection F, do not apply to the authorizations
identified in subsection 3522.4.A, if, on the effective date of such amendatory
ordinance, the following circumstances existed:
a. For a specific use pernut, an application was pending on the effective date of the
amendatory ordinance; or
9
b. For a detailed plan for a PD district created on or after April 27, 2005, an
application for the detailed plan was pending on the effective date of the
amendatory ordinance; or
c. For a detailed plan for a PD district created on or after Apri127, 2005, but before
the effective date of the amendatory ordinance, an application for the detailed
plan submitted after the effective date of the amendatory ordinance was pursuant
to a conceptual plan for development approved with the ordinance establishing
the PD district that identifies the location and the nat�ire and extent of the
activities to be developed on land designated for future gas well drilling or
production; or
d. For a Gas Well Development Site Plan or Gas Well Development Plat (including
any associated Watershed Protection Pernuts), an application was pending on the
effective date of the amendatory ordinance; or
e. For a Gas Well Development Site Plan or Gas Well Development Plat (including
any associated Watershed Protection Pernuts), an application was submitted after
the effective date of the amendatory ordinance for a Drilling and Production Site
that was the subject of: (1) a specific use permit approved or pending on the
effective date of the amendatory ordinance; or (2) a detailed plan for a PD district
created on or after April 27, 2005, but before the effective date of the amendatory
ordinance, that identifies the location and the nature and extent of the activities to
be developed on land designated for future gas well drilling or production; or (3)
an MPC district created on or after Apri127, 2005, but before the effective date of
the amendatory ordinance, that identifies the location and the nature and extent of
the activities to be developed on land designated for future gas well drilling or
production.
£ For a Gas Well Permit, an application was pending on the effective date of the
amendatory ordinance; or
g. For a Gas Well Permit, an application was submitted after the effective date of the
amendatory ordinance pursuant to a Gas Well Development Site Plan or Gas Well
Development Plat approved or pending on the effective date of the amendatory
ordinance that identifies the Drilling and Production Site to which the application
applies.
3. Authorizations or applications excepted under this subsection 2 are subject to all gas
well drilling and production standards in effect immediately prior to the effective date
of the amendatory ordinance, and to any standards effected by the amendatory
ordinance which the City determines to be exempt from the application of Texas
Local Government Code Chapter 245.
4. To the extent that any exception provided under this subsection 2 is dependent on an
application pending on the effective date of an amendatory ordinance, such
application must have been approved subsequently in order for the exception to
apply.
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Any person who has been denied an exception under Subsection 2 for one or more
pending applications, or who otherwise claims that he has obtained a vested right
pursuant to Texas Local Government Code, Chapter 245 or other applicable vesting
law for such applications, may request a deternunation pursuant to Section 35.3.8 of
the DDC.
35.22.5. - Standards for Gas Well Drilling and Production.
A. The drilling and production of gas wells within the City limits shall be subject to the
following standards.
1. Separation standards. The following requirements apply only within City limits.
a. No Drilling and Production Site may be located within one thousand (1,000) feet
of any Protected Use, or freshwater well currently in use at the time a complete
application for a Gas Well Development Site Plan is filed, or within one thousand
(1,000) feet of any lot within a previously platted residential subdivision where
one (1) or more lots have one (1) or more habitable stnict�ires.
b. Except where more stringent separation distances are specified, the minimum
separation distance between a Drilling and Production Site and all other habitable
stnictures other than those listed in 35.22.S.A.l.a, shall be five hundred (500) feet.
c. The nunimum separation requirement established in 3522.S.A.l.a above may be
reduced via the granting of a variance by the Zoning Board of Adjustment. Except
that the Zoning Board of Adjustment shall not reduce the nunimum separation
distance any less than five hundred (500) feet.
d. Notwithstanding any other provision of this subsection, a Protected Use or lot
within a previously platted residential subdivision where one (1) or more lots have
one (1) or more habitable stnictures may be located as close as two hundred fifty
(250) feet of a pre-existing Drilling and Production Site, provided that the lots or
Protected Use is not served by a freshwater well that is located within one
thousand (1,000) feet of the drilling and production area.
e. Separation distances shall be measured from the boundary of the Drilling and
Production Site identified on the Gas Well Development Site Plan, in a straight
line, without regard to intervening stnictures or objects, to the closest exterior
point of any stnicture occupied by a Protected Use, or freshwater well currently in
use at the time a complete application for a gas well development site plan is
filed, or the closest lot line of any undeveloped lot within a previously platted
residential subdivision where one (1) or more lots have one (1) or more stnictures.
2. On-site requirements. The following requirements apply only within City limits.
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a. An entrance gate shall be required. Street lighting shall be required pursuant to
Section 26-76 of the Utility Code of the Code of the City of Denton, Texas or the
sign identifying the entrance to the drill site or operation site shall be reflective.
b. Fencing, buffering, landscaping and screening shall be required on Drilling and
Production Sites. All required fencing, landscaping, buffering and screening must
be installed in accordance with the approved Landscape Plan within one-hundred
and eighty (180) days after initial drilling of the first approved well. Should the
Operator decide to fence in gathering and transnussion lines or compressor
stations, or both, Operator shall install the fencing in accordance Subchapter 13 of
the DDC.
c. No refining process, or any process for the extraction of products from gas, shall
be carried on at a Drilling and Production Site, except that a dehydrator and
separator may be maintained on a Drilling and Production Site for the separation
of liquids from gas. Any such dehydrator or separator may serve more than one
well. Gas Processing Facilities shall require a Specific Use Permit.
d. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED",
in both English and Spanish, in a minimum of four-inch lettering shall be posted
at the entrance of each Drilling and Production Site. The sign shall include the
development or operating company that is currently responsible for the gas well
plat or site plan, the RRC Well Identification Number and the American
Petroleum Institute number for the well, the phone number for emergency
services (911), the number for the operator, and any other well designation
required by the RRC in two-inch lettering.
e. No person shall place, deposit, or discharge (or cause or allow to be placed,
deposited, or discharged) any oil, naphtha, petroleum, diesel, gasoline, asphalt,
tar, hydrocarbon substance, or any refuse, including wastewater or brine, from
any gas operation or the contents of any container used in connection with any gas
operation in, intq or upon any public right-of-way, storm drain, ditch or sewer,
sanitary drain or sewer, any body of water, or any private property within the
corporate limits of the City of Denton.
f. All installed, mounted, and/or permanent equipment on Drilling and Production
Sites shall be coated, painted, and maintained at all times, including the wellhead,
gas processing units, pumping units, storage tanlcs, above-ground pipeline
appurtenances, buildings, and stnictures, in accordance with applicable guidelines
adopted by The Society for Protective Coatings (SSPC). In addition, the
following standards are applicable:
i. Protective coatings and paints shall comply with any applicable State or City
requirements. In absence of any such requirement, protective coatings and
paints shall be of a neutral color that is compatible with the surrounding
environment.
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ii. All exposed surfaces of the identified equipment must be coated and painted,
and free from nist, blisters, stains, or other defects.
g. All electric lines to production facilities shall be located in a manner compatible
to those already installed in the surrounding areas or subdivision.
h. All fire suppression and prevention equipment required by any applicable federal,
state, or local law shall be provided by the Operator, at the Operator's cost, and
maintenance and uplceep of such equipment shall be the responsibility of the
Operator.
No Operator shall excavate or constnict any lines for the conveyance of fuel,
water, or minerals on, under, or through the streets or alleys or other land of the
City without an easement or right-of-way license from the City, at a price to be
agreed upon, and then only in strict compliance with this Subchapter, with other
ordinances of the City, and with the specifications established by the Engineering
Department.
j. The digging up, brealcing, excavating, tunneling, undermining, brealcing up, or
damaging of any public street or leaving upon any public street any earth or other
materials is prohibited. Constniction activities or deposition of any materials or
objects creating an obstniction within linuts of public right-of-way or easements
are prohibited unless the Operator has first obtained written approval from the
Engineering Department and, if applicable, has filed a right-of-way use
agreement, and then only if in compliance with specifications established by the
Department.
lc. No Gas Well Permit shall be issued for any well to be drilled within any of the
streets or alleys of the City and/or streets or alleys shown by The Denton Plan,
1999-2020 and no street shall be blociced or encumbered or closed due to any
exploration, drilling, or production activities unless prior consent is obtained by
the City Manager, and then only temporarily.
All pits shall be lined and shall be designed, constnicted, and installed in
accordance with the liner standards set forth by the RRC. Any new Drilling and
Production Sites proposed after December 18, 2012 shall utilize a closed-loop
mud system.
m. Any Drilling and Production Sites shall be screened with an opaque decorative
masonry fence that shall be no less than eight (8) feet in height.
i. In lieu of this requirement, an alternative fence that is compatible with the area
surrounding the Drilling and/or Production Site may be approved by the
Director of Planning and Development.
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ii. Required fencing must be located within three hundred (300) feet of all
equipment necessitating fencing requirements under this Subchapter.
n. Vapor Recovery Units.
Vapor recovery equipment is required for facilities not included under
Rule§106.352 of TAC Title 30, Part 1, Chapter 106, Subchapter O; or its
successor regulation.
ii. An Operator shall notify the Oil and Gas Inspector within two (2) days after
the first sale of gas from a well.
o. Any lift compressor which is installed within an approved Drilling and Production
Site shall be located at least twenty-four (24) feet from the outer boundary of the
site.
p. Commencing on the December 18, 2012, except as provided in sub-paragraph (v)
of this section, for each well completion operation with hydraulic fracturing:
For the duration of flowback, recovered liquids shall be routed into one or
more storage vessels or re-injected into the well or another well, and the
recovered gas shall be routed into a gas flow line or collection system, re-
inj ected into the well or another well, used as an on-site fuel source, or used
for another useful purpose that a purchased fuel or raw material would serve,
with no direct release to the atmosphere. If this is infeasible, the requirements
in sub-paragraph (iii) of this paragraph shall be followed.
ii. All salable quality gas shall be routed to the gas flow line as soon as
practicable. In cases where flowbacic enussions cannot be directed to the flow
line, the requirements in sub-paragraph (iii) of this section shall be followed.
iii. Flowback emissions shall be captured and directed to a completion
combustion device, except in conditions that may result in a fire hazard or
explosion, or where high heat enussions from a completion combustion device
may negatively impact waterways. Completion combustion devices must be
equipped with a reliable continuous ignition source over the duration of
flowbacic.
iv. Releases to the atmosphere during flowbacic and subsequent recovery shall be
mininuzed.
v. The requirements of sub-paragraphs (i) and (ii) shall not apply to:
1. Each well completion operation with hydraulic fracturing at a gas well
meeting the criteria for wildcat or delineation well.
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2. Each well completion operation with hydraulic fracturing at a gas well
meeting the criteria for non-wildcat low pressure gas well or non-
delineation low pressure gas well.
q. Soil sampling: Pre- and post-drilling; periodic soil sampling. Soil sampling shall
be required for all new Drilling and Production Sites. Soil sampling shall be
subj ect to the following requirements:
Upon application for an Oil and Gas Well Permit, soil sampling shall be
conducted prior to the commencement of any drilling at the proposed Drilling
and Production Site to establish a baseline study of site conditions. A
minimum of one soil sample shall be taken at the location of any proposed
equipment to be utilized at the Drilling and Production Site to document
existing conditions at the Drilling and Production Site.
ii. A licensed third party consultant shall be utilized to collect and analyze all
pre-drilling and post-drilling soil analyses. The cost of such consultant shall
be borne by the Operator.
iii. Soil samples must be collected and analyzed utilizing proper sampling and
laboratory protocol from a United States Environmental Protection Agency or
Texas Comnussion on Environmental Quality approved laboratory. The
results of the analyses will be addressed to the City and a copy of the report
shall be provided to the Operator and surface estate owner. The analyses will
include the following analyses at a minimum: TPH, VOCs, SVOCs, Chloride,
Barium, Chromium and Ethylene Glycol.
iv. Post-drilling soil samples shall be collected and analyzed after the conclusion
of drilling of each well. Subsequent to the drilling of each well, periodic soil
samples shall be talcen as determined by the Oil and Gas Inspector during
inspection events to document soil quality data at the Drilling and Production
Site. Samples shall include, but not be linuted tq areas where removed
equipment was located. Results of the analyses shall be provided as described
in Subsection A.2.q.iii.
v. Whenever abandonment occurs pursuant to the requirements of the RRC and
as referenced in 35.22.S.A.61c, the Operator so abandoning shall conduct post
production soil sampling within three (3) days after equipment has been
removed from the Drilling and Production Site to document that the final
conditions are within regulatory requirements. Results of the analyses shall be
provided as described in Subsection A.2.q.iii.
vi. If any soil sample results reveal contanunation levels that exceed the
minimum state or federal regulatory levels, the City shall subnut the soil
sample results to the appropriate state or federal regulatory agency for
enforcement.
15
r. Any nibbish or debris that might constitute a fire hazard shall be removed to a
distance of at least 150 feet from the vicinity of any well, tank, or pump station.
s. An Operator shall not maintain or use any pit for storage of oil or oil products or
oil field fluids, or for storage or disposal of oil and gas wastes.
3. Operations and equipment practices and standards. The following requirements
apply only within City linuts.
a. Adequate nuisance prevention measures shall be talcen to prevent or control
offensive odor, fumes, dust, noise and vibration.
b. Directional lighting shall be provided for the safety of gas well drilling,
completion and production operations and shall be installed and operated in a
fashion designed to disturb adjacent developments in the least possible manner.
c. The Operator shall at all times comply with the applicable niles and regulations of
the RRC including but not linuted to all applicable Field Rules.
d. To address noise concerns, only electric motors shall be used for the purpose of
drilling, transferring or blending chenucals, compressing gas, lifting or pumping
wells, The Oil and Gas Inspector may approve the use of an alternative motor that
produces lower noise levels than an electric motor.
e. There shall be no venting or flaring of gases in residential areas except as allowed
by the RRC or TCEQ. If venting or flaring is allowed by the RRC or TCEQ, the
activities shall not be located closer than one thousand (1,000) feet from any
protected use, unless: (1) a setbacic variance has been granted pursuant to 35.22.5;
or (2) if practical and if approved by the City Fire Marshal, ground flaring that is
wholly enclosed or screened with a masonry wall. .
f. Vehicles, equipment, and machinery shall not be placed or located on a Drilling
and Production Site (or on any public street, alley, driveway, or other public right-
of-way) in such a way as to constit�ite a fire hazard or to unreasonably obstnict or
interfere with fighting or controlling fires.
g. Only Light Sand Fracture Technology or fract�ire stimulations approved by the
RRC shall be used to fracture stimulate a well.
h. Fracing operation shall be scheduled to occur during daylight hours unless the
Operator has notified the Oil and Gas Inspector that fracing will occur before or
after daylight hours to meet safety requirements.
i. Pneumatic drilling shall not be pernutted.
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j. Any notices required herein shall be made pursuant to Subsection 35.22.12
k. Except in the case of an emergency, gas well flaring shall only be conducted
during day-time hours.
4. Storage tanks and separators. The following requirements apply only within City
linuts.
a. An Operator is allowed to constnict, use, and operate such storage equipment and
separation equipment as shown on the approved Gas Well Development Site
Plan, except that permanent storage equipment and separation equipment may not
exceed eight (8) feet in height.
b. The use of centralized tanlc batteries is pernutted as shown on the applicable Gas
Well Development Site Plan.
c. No Drilling and Production Site is allowed in the FEMA designated one hundred
(100) year floodway. A Drilling and Production Site is allowed within one
thousand two hundred (1,200) feet of the flood pool elevation of Lalce Ray
Roberts or Lake Lewisville with an approved Specific Use Pernut.
d. No storage tanlcs or separation facilities shall be placed in the Flood Fringe or
other ESA except in accordance with Subsection 35.22.S.A.8.
5. Flow lines and gathering lines.
a. Each Operator shall place pipeline marlcer sign at each point where a flow line or
gathering line crosses a public street or road.
b. Each Operator shall place a warning sign for lines carrying H2S (Hydrogen
Sulfide) gas as required by the Railroad Comnussion.
c. All flow lines and gathering lines within the corporate linuts of the City
(excluding City utility lines and franchise distribution systems) that are used to
transport oil, gas, and/or water shall be limited to the maximum allowable
operating pressure applicable to the pipes installed and shall be installed with at
least the nunimum cover or bacicfill specified by the American National Safety
Institute Code, as amended.
6. Additional safety and environmental requirements. The provisions of this section
shall apply within the corporate limits of the City of Denton.
a. The drilling and production of gas and accessing the Drilling and Production Site
shall be in compliance with all state and federal environmental regulations. No
gas well development or activity is allowed in the FEMA designated one hundred
(100) year floodway. Drilling within Flood Fringe or other ESA shown on the
17
Map adopted by the City is allowed under the restrictions set forth in Section
35.22.S.A.8.
b. Erosion and sediment control practices shall be conducted for all gas wells. The
Operator shall comply with the Erosion and Sediment Control Plan as approved
by the City.
c. As an exception to 3522.S.A.6.a. or a Specific Use Permit required by 35.22.3.B,
gas wells may have a target location or bottom-hole location that is under the
floodway, an ESA or within one thousand two hundred (1,200) feet of the flood
pool elevation of lalce Ray Roberts or Lalce Lewisville when the gas well is drilled
directionally from a location outside such areas.
d. Each well shall be equipped with an automated valve that closes the well in the
event of an abnormal change in operating pressure. All wellheads shall contain an
emergency shut off valve to the well distribution line.
e. Each storage tanlc shall be equipped with a level control device that will
automatically activate a valve to close the well in the event of excess liquid
accumulation in the tanlc.
f. All storage tanlcs shall be anchored for stability.
g. All storage tanks shall be equipped with either steel or concrete secondary
containment systems including lining with an impervious material. The secondary
containment system shall be of a sufficient height to contain one and one-half
(1'/z) times the contents of the largest tanlc in accordance with the Fire Code. Drip
pots shall be provided at pump out connections to contain the liquids from the
storage tanlc.
h. Outside storage areas shall be equipped with a secondary containment system
designed to contain a spill from the largest individual vesseL If the area is open to
rainfall, secondary containment shall be designed to include the volume of a
twenty-four (24)-hour rainfall as deternuned by a twenty-five (25)-year storm and
provisions shall be made to drain accumulations of ground water and rainfall.
i. Drilling and Production Sites shall be equipped with a lightning protection
system, in accordance with the City's Fire Code and the National Fire
Association's NFPA-780. In addition, tanlc battery facilities shall be equipped
with a remote foam line and a lightning arrestor system.
j. A Hazardous Materials Management Plan shall be on file with the Fire Marshal.
Any updates or changes to this plan shall be provided to the Fire Marshal within
three (3) worlcing days of the change. All chemicals and/or hazardous materials
shall be stored in such a manner as to prevent, contain, and facilitate rapid
remediation and cleanup of any accidental spill, leak, or discharge of a hazardous
18
material. Operator shall have all material safety data sheets (MSDSs) for all
hazardous materials on site. All applicable federal and state regulatory
requirements for the proper labeling of containers shall be followed. Appropriate
pollution prevention actions shall be required and include, but are not linuted tq
chemical and materials raised from the ground (e.g., wooden pallets), bullc
storage, installation and maintenance of secondary containment systems, and
protection from storm water and weather elements.
lc. All wells shall be plugged and abandoned in accordance with the niles of the
RRC; however, all well casings shall be cut and removed to a depth of at least ten
(10) feet below the surface unless the surface owner subnuts a written agreement
otherwise. Three (3) feet shall be the minimum depth. In addition, the Operator
shall:
i. Subnut a copy of its RRC Form W-3A (Notice of Intention to Plug and
Abandon) and Form W-3 (Plugging Record) to the Inspector within two (2)
business days of filing with the RRC;
ii. Notify the Oil and Gas Inspector of the intention to plug and abandon a well
at least twenty-four (24) hour prior to commencing activities; and
iii. Subnut to the Oil and Gas Inspector the surface hole locations in an
acceptable Geographic Information System (GIS) format to accurately map
and tracic well locations. The GIS data may be subnutted with an initial Gas
Well Pernut application or with the annual adnunistrative report. Subnussion
of GIS location data is only required once.
iv. Subnut a copy of a soil sampling analysis as required by Subsection
3522.S.A2.q.
Operators must close each Drilling and Production Site in a manner that
mininuzes the need for care after closure. To achieve this requirement, the site
shall be reclaimed to the condition identified on the Site Reclamation Plan, as
nearly as practicable. In the event development encroaches up to the property
after drilling and production activities, a reasonable rehabilitation alternative may
be approved by the City to ensure the reclaimed site is compatible with the
surrounding properties.
m. No gas well drill sites shall be allowed on slopes greater than ten (10) percent.
n. No Class II injection wells shall be located within the City of Denton.
o. No gas well permit will be issued for any well where the Drilling and Production
Site is located within one thousand (1,000) feet of an existing fresh water well,
unless a variance, or consent from neighboring property owners, has been
obtained per 3522.S.A.1.
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p. Pits shall always be operated with a nunimum of at least two (2) feet of freeboard
above the contents within it.
q. For safety reasons, fencing shall be installed to restrict access to a reserve pit or
other type of open pit utilized in gas well drilling operation at a drill site within
the corporate limits of the City.
r. Drip pans, catchment basins and other secondary containment devices or oil
absorbing materials shall be placed or installed underneath all tanlcs, containers,
pumps, lubricating oil systems, engines, fuel and chenucal storage tanlcs, system
valves, connections, and any other areas or stnictures that could potential lealc,
discharge, or otherwise spill hazardous or solid materials. .
s. After the well has been completed, or plugged and abandoned, the Operator shall
clean and repair all damage to public property caused by such operations within
thirty (30) days.
t. After any spill, leak or discharge, the Operator shall remove or cause to be
removed all contamination and associated waste materials. Clean-up operations
shall begin immediately.
u. The Drilling and Production Site and site access road shall at all times be lcept
free of debris, pools of water or other liquids, contaminated soil, weeds, bnish,
trash or other waste material outside the Drilling and Production Site .
v. All pits associated with Drilling and Production Sites shall adhere to the following
requirements.
The type of pit used in drilling operations shall be specified at the time of
pernutting. The Oil and Gas Inspector may perform a contamination
assessment for any reserve pit, completion/worlc-over pit, drilling fluid
disposal pit, fresh malceup water pit, mud circulation pit, washout pit, or water
condensate pit. The following concentrations for contaminants will be used to
determine if contanunation exists within any materials in the pits:
Compound Concentration limit
TPH 15 mg/L
BTEX 500 µg/L
20
Benzene � 50 µg/L
From 30TAC 321.131.138
If concentrations exceeding these values are detected, the operator shall
remove, cause to be removed, or otherwise remediate contaminants, to below
the limits provided herein. Cleanup operations shall begin immediately.
Cleanup activities that do not begin within twenty-four (24) hours of
notification by the oil and gas inspector shall be considered a violation of this
Subchapter.
ii. Only freshwater-based mud systems shall be permitted. Saltwater-based mud
systems and oil-based mud systems are prohibited.
iii. Chloride content of fluids held in pits may not exceed three thousand (3,000)
milligrams per liter.
iv. No metal additives may be added to any drilling fluids.
v. All fluid produced from the well during completion of production shall be
held in enclosed containers while stored on the property.
vi. All fluids shall be removed ("de-watering") from the pits within thirty (30)
days of completion of drilling operations.
vii. The pit and its contents shall be removed from the prenuses within ninety (90)
days after completion of the drilling of a well; provided, however, that the
pernuttee may apply for a ninety (90)-day extension from such requirements
based on showing of good cause, necessity to maintain said pit, inclement
weather, or other factors. The City may designate a period of time shorter than
the ninety (90)-day extension set out herein.
w. All pits shall be bacicfilled in accordance with the following schedule. The
Director of Planning and Development may grant permission for a pit to remain at
the site if the surface property owner submits a written request.
i. Reserve pits and mud circulation pits shall be dewatered within 30 days
and bacicfilled and compacted within ninety (90) days of cessation of
drilling activities.
ii. All completion/worlcover pits used when completing a well shall be
dewatered within thirty (30) days and bacicfilled and compacted within
one hundred and twenty (120) days of well completion.
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iii. All completion/worlcover pits used when worlcing over a well shall be
dewatered within thirty (30) days and bacicfilled and compacted within
one hundred and twenty (120) days of completion of re-worlc operations.
iv. Basic sediment pits, flare pits, fresh nuning water pits, and water
condensate pits shall be dewatered, bacicfilled, and compacted within one
hundred and twenty (120) days of final cessation of use of the pits.
x. Each operator must subnut to the City a water conservation plan for uses of water.
The plan must provide information in response to each of the following elements.
A description of the use of the water in the production process, including how
the water is diverted and transported from the source(s) of supply, how the
water is utilized in the production process, and the estimated quantity of water
consumed in the production process and therefore unavailable for reuse,
discharge, or other means of disposal;
ii. If long-term, five (5) to ten (10) years, water storage is anticipated, quantified
five-year and ten-year targets for water savings and the basis for the
development of such goals;
iii. A description of the device(s) and/or method(s) within an accuracy of plus or
minus 5.0% to be used in order to measure and account for the amount of
water diverted from the source of supply;
iv. Leak-detection, repair, and accounting for water loss in the water distribution
system;
v. Application of state-of-the-art equipment and/or process modifications to
improve water use efficiency; and
vi. Any other water conservation practice, method, or technique which the user
shows to be appropriate for achieving the stated goal or goals of the water
conservation plan.
y. No gas well drilling and production shall be pernutted within twelve hundred
(1,200) feet of the flood pool elevation of Lalce Ray Roberts or Lalce Lewisville,
unless the Operator first obtains a SUP.
7. Supplemental drilling.
a. Supplemental drilling to deepen or directional drill an existing well shall be
conducted in accordance with the conditions for the applicable SUP or PD District
or underlying zoning classification that permits gas development by right. The
operator shall provide the Oil and Gas Inspector a copy of additional RRC permits
that allow drilling to a deeper depth.
22
b. Supplemental drilling to deepen or directional drill an existing well shall be
conducted in accordance with the approved Gas Well Permit for the well on file
with the City.
8. Watershed Protection Requirements for Wells located in Flood Fringe or other
ESA's.
The standards in this subsection are adopted pursuant to the authority granted by
Texas Local Government Code, Section 551.002 and are intended to nunimize
adverse impacts on areas within the Flood Fringe or ESA, reduce flood damage, and
lessen the potential for contaminating surface water or any water supply.
a. The provisions of 3522.S.A.6 and 35.22.S.A.8 shall apply to a Drilling and
Production Site required to have a Watershed Protection Pernut within the
corporate limits of the City of Denton. The provisions of 3522.S.A.8 shall apply
to a Drilling and Production Site required to have a Watershed Protection Pernut
located within the corporate limits of the City of Denton or within the ETJ of the
City of Denton.
b. Drilling and Production Sites shall be located outside ESAs whenever practicable
to minimize adverse impacts on these areas, reduce flood damage, and lessen the
potential for contanunating surface water or any water supply.
c. Prior to location of any gas well in the Flood Fringe or ESA, the property owner
or applicant shall first obtain approval of an application that meets the criteria of
the Application Criteria Manual for a Watershed Protection Pernut and shall
comply with the provisions of 3522.5.
d. A Watershed Protection Permit containing an ESA assessment of the Drilling and
Production Site shall be approved by the Department of Environmental Services:
i. For all ESAs prior to the approval of a Gas Well Development Plan:
L If a riparian buffer is designated as "fair" to "excellent" ESA, the
designated protective stream buffer width as specified in Subchapter 17 of
the Denton Development Code shall apply, and no encroachments shall be
allowed.
2. Within all areas except unstudied floodplains, if the stream is designated
as a"poor" ESA, the designated width of the protective stream buffer
� shall be decreased by either fifty (50) percent or to the limits of the
floodway whichever is greater, but in no instance shall the protective
stream buffer width be decreased below twenty-five (25) feet measured
each direction from the centerline of the existing channel.
23
ii. For all flood fringe ESAs prior to the approval of a Gas Well Development
Site Plan or Plat.
e. Tree mitigation for gas wells located in an ESA shall be required and shall be
calculated on a one to one replacement value for one hundred (100) percent of the
dbh of trees removed from the Drilling and Production Site. Tree nutigation shall
be accomplished by planting replacement trees, within a floodplain, on-site or off-
site with similar tree species or by payment into a Tree Mitigation Fund. Tree
Mitigation Funds that are specific to ESA's will be lcept separate from other Tree
Mitigation Funds and will only be used to either acquire wooded floodplain or
riparian property that remains in a naturalistic state in perpetuity, or to purchase
conservation easements within riparian or floodplain areas. Funds may be used to
purchase, plant, and maintain trees on public property, as long as the public
property is within a riparian area or floodplain.
f. The Watershed Protection Pernut application shall contain the following
information and such information as may be required by the Development Review
Committee which is reasonably necessary to review and deternune whether the
proposed development and required facilities meet the requirements of this
Subchapter and as required by the Application Criteria Manual. The information
that is required for the Watershed Protection Pernut shall include, but not be
linuted to:
i. A Tree Inventory Plan shall show the location of ESAs on any proposed
Drilling and Production Site.
ii. Any request to remove tree(s) shall be accompanied by a letter from a
certified geologist or engineer that indicates why the well site cannot be
located to avoid the trees. If Operator has chosen to pay into the Tree
Mitigation Fund, such funds shall be paid prior to final approval of a Drilling
and Production Site within an ESA.
iii. Show location of ESAs on proposed Drilling and Production Sites.
g. Only one (1) well head may be placed in the Flood Fringe or ESA under the
following conditions:
i. Storage tanks or separation facilities shall be constnicted at least eighteen
(18) inches above the established Base Flood elevation plus the surcharge
depth for encroachment to the linuts of the floodway having a one (1) percent
chance of being equaled or exceeded in any year.
ii. A hydrologic and hydraulic engineering study shall be performed by a
Registered Professional Engineer. The study shall be submitted to the
Engineering Department in a technical report for review by the City Engineer
or his designated representative. The report shall demonstrate that the
24
proposed facilities will have no adverse impacts on the carrying capacity of
the adjacent waterway nor cause any increases to the elevations established
for the floodplain. When the Special Flood Hazard Areas (SFHA) on the
subject site is designated as "Zone A" on the FIRM Panel, or the SFHA is not
identified on the FIRM Panel, the following approximate method may be used
to evaluate the impacts from gas well development. A flow rate shall be
calculated using procedures set forth in the City of Denton Drainage Criteria
Manual. Using Manning's Equation with an estimate of the average slope of
the stream, measurements of a single irregular cross-section geometry at the
well site, and the one hundred (100) year discharge rate, the average velocity
and normal depth may be calculated. Calculations shall be provided for the
unaltered existing channel cross-section and for the proposed modified
channel cross-section and submitted to the City for review and approval prior
to constniction within these areas.
iii. No more than ten (10) percent of the floodplain, within the linuts of the Gas
Well Development Site Plan or Gas Well Development Plat, may be filled.
h. If evidence from water quality monitoring efforts indicates that contamination is
occurring from gas wells, the Operator shall remove, cause to be removed, or
otherwise remediate contamination, as required by the oil and gas inspector
including but not limited to Waste Mininuzation Practices established by the
RRC. Cleanup operations shall begin immediately. A re-inspection fee shall be
charged as established by the City Council and published in the Application
Criteria Manual.
B. Drilling and Production Sites shall comply with all federal, state, and local laws
applicable to gas well drilling, production and operations.
C. Noise Management Standards. The following standards apply to gas well drilling and
production in the City linuts.
1. The Operator shall submit with its Gas Well Site Plan a continuous seventy-two (72)
hour pre-drilling Ambient Noise Level measured three hundred (300) feet from the
boundaries of the Drilling and Production Site. The seventy-two (72) hour time span
shall include at least one (1) twenty-four-hour reading during either a Saturday or
Sunday.
2. No gas well drilling equipment, production equipment, re-drilling equipment, or any
other associated equipment shall be operated at any Drilling and Production Site
within the City in such a manner so as to create any noise level that exceeds sixty-five
(65) decibels.
The dB level shall be measured at a distance of one thousand (1,000) feet from the
boundaries of the Drilling and Production Site or one hundred (100) feet closer than
25
any Protected Use setbacic line, whichever distance is nearer to the Drilling and
Production Site.
3. The distances described in 3522.S.C2 shall be measured from the boundaries of the
Drilling and Production Site depicted on the Gas Well Development Plat or Gas Well
Development Site Plan, in a straight line, without regard to intervening stnictures or
objects, and outward from the boundary of the Drilling and Production Site.
4. If the ambient noise level that was established and submitted to the City in
accordance with 3 5.22.5. C.1 is higher than the levels set forth in 3 5 22.5. C.2, the
noise generated from the Drilling and Production Site may not exceed the established
ambient noise level by more than five (5) decibels during daytime hours and three (3)
decibels during nighttime hours, except as provided by 3522.S.C.S below.
5. The following adjustments to the noise standards as set forth above are pernutted
internuttently during daytime hours only, except in the case of an emergency:
Maximum Permitted Increase above 65 dB or established ambient, if Maximum Duration
ambient exceeds 65 dB (nunutes)*
10 dB 5 nunutes
15 dB 1 nunute
20 dB Less than 1 minute
*Cumulative nunutes during any one hour.
6. Acoustical blanlcets, sound walls, mufflers or other alternative methods as approved
by the City may be used to ensure noise limitation compliance. All soundproofing
shall comply with accepted industry standards and be subject to approval by the City.
7. The sound level meter used in conducting noise evaluations shall meet the American
National Standard Institute's Standard for sound meters or an instniment and the
associated recording and analyzing equipment which will provide equivalent data.
8. The noise level generated during gas drilling activities shall be continuously
monitored by the Operator to ensure compliance with the noise linutation standards
established herein, if the Drilling and Production Site is within one thousand (1,000)
26
feet of a Protected Use. The cost of such monitoring shall be borne by the Operator.
In addition, the Operator shall also provide the following data:
The continuous noise monitoring data shall include an audio recording to help
identify the source of sound level fluctuations throughout the logging period. The
continuous noise monitoring equipment shall be capable of remotely providing
real-time noise and audio data in a format acceptable to the Inspector. Access to
the real-time data shall be made available to the Oil and Gas Inspector;
ii. The continuous noise monitoring data shall be summarized into a weeldy report
and submitted to the Oil and Gas Inspector each Monday for the prior Monday
through Sunday reporting week, which may be combined with the subsequent
weelc if the number of monitoring days for any given weelc is three (3) or fewer.
The report shall be in an electronic format or other format specified by the Oil and
Gas Inspector. The weeldy report shall contain all noise data, including pure
tones and low frequency readings, and shall be averaged in twenty (20) nunute
intervals; and
iii. The weeldy noise report shall state whether the Drilling and Production Site is in
compliance with acceptable noise standards. If the report identifies that the
Drilling and Production Site is not compliant, then the report shall state the
measures being talcen to return the site to compliance and the timeframes for
implementing these remedial measures.
9. For Drilling and Production Sites not continuously monitored, if a complaint is
received after the commencement of drilling activities by either the Operator or the
City, the Operator shall immediately upon receipt of the complaint, continuously
monitor the exterior noise level generated by the gas well drilling or production for a
seventy-two (72) hour period and talce the action necessary to abate the violation, if a
violation exists. The monitoring shall be performed in accordance with 35.22.S.C.8.i
and ii.
10. In the event of a violation of this subsection, the City may immediately issue a
citation to the Operator for the violation.
35.22.6. - Gas Well Development Site Plan and Watershed Protection Permit.
A. Applicability.
1. A Gas Well Development Site Plan shall be approved for any land within the City
linuts before a Gas Well Pernut may be issued or any gas well drilling or production
activities may occur. Approval of a Gas Well Development Site Plan authorizes the
processing of a complete application for a Gas Well Pernut. If applicable, the
Watershed Protection Permit application shall accompan�T the application for a Gas Well
Development Site Plan or Gas Well Development Plat, but shall be decided first.
27
2. A Watershed Protection Permit shall be approved prior to approval of any Gas Well
Development Site Plan, Gas Well Development Plat, or Gas Well Pernut that includes
land in any floodplain or ESA within the corporate linuts of the city. Approval of a
Watershed Protection Permit authorizes the processing of a complete application for a
Gas Well Development Site Plan or Gas Well Development Plat, as the case may be,
that includes land in a floodplain or ESA.
B. Application Requirements—Gas Well Development Site Plan.
1. An application for a Gas Well Development Site Plan shall not be deternuned to be
complete or deemed complete until:
a. Any required Specific Use Permit has been approved by the City Council;
b. A complete application for a Watershed Protection Permit, where required, has
been filed with the City pursuant to this subchapter. Any conditions imposed with
approval of the Watershed Protection Permit shall be deemed incorporated into
the conditions of approval for the Gas Well Development Site Plan.
2. Approval of a Gas Well Development Site Plan authorizes the holder of the approved
Site Plan to apply for a Gas Well Permit.
3. An application for a Gas Well Development Site Plan, in addition to those items set
forth in Subsection 1, shall:
a. Clearly delineate the boundaries of the gas well drilling or production area with
metes and bounds description, and list the exact acreage of the area. All gas well
drilling and production activities shall be linuted to this area.
b. Identify all ingress and egress points.
c. Show the location of all floodplains and ESAs.
d. Show the location of all freshwater wells currently in use at the time of filing of
the application within one thousand (1,000) feet of the Drilling and Production
Site.
e. Show the location of all stnictures with a protected use within one thousand
(1,000) feet of the Drilling and Production Site;
£ Identify and show proposed method of erosion and sediment control;
g. Identify the location of proposed lease lines;
h. Identify the location of all proposed gas wells, mud pits, ponds, and mechanical
equipment;
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i. Label distances between gas wells and property lines;
j. Provide site specific well schematics showing layout during drilling and upon
completion of drilling;
lc. Show location of all existing and proposed underground pipelines. As-built
drawings shall be filed with the City (in a digital form as specified by the City,
and as a condition of maintaining the annual operating pernut). All pipelines
proposed in public rights-of-way shall require a Right-of-Way Use Agreement.
The City Manager shall have the authority to enter into a Right-of-Way Use
Agreement;
1. Show the location of all pipelines and identify if pipelines connect with a Gas
Distribution System;
m. Identify the height, size, bullc and location of all stnictures, closed-loop systems,
dehydrators, parlcing areas, security cameras, lighting, tanlcs, tanlc battery, drilling
rigs, separators, compressors, perimeter walls, utilities, and all other features or
objects contemplated within the boundaries of the gas well drilling or production
area;
n. Provide a Tree Protection Plan demonstrating compliance with the City's Tree
Preservation Code;
o. Provide a Signage Plan, complying with this Subchapter for both the Drill Site
and pipelines;
p. A Screening, Fencing, and Landscape Plan, in accordance with the standards
established for Industrial land uses in Subchapter 13 of the DDC, detailing
compliance with all landscape and screening measures to be talcen to adequately
irrigate all landscaping including the water source for irrigation and the proposed
efforts to replace dead or dying screening vegetation; and
q. A Noise Mitigation Plan that includes:
i. A description of the proposed facility/operation;
ii. The established ambient noise level;
iii. An analysis of any significant sources of noise generated on the Drilling and
Production Site; and
iv. An analysis of any abatement measures necessary to bring the proposed
activity into compliance with the City's noise standards.
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r. A Site Reclamation Plan that establishes the existing conditions of the property
prior to drilling activities. The Site Reclamation Plan shall include both Closure
and Post-Closure Plans.
Closure Plan. Site closure includes well plugging and abandonment,
equipment removal, and site clean-up. This plan should describe how each
Drilling and Production Site will be closed, how the proposed final site
closure will be achieved, and a detailed description of the closure methods.
ii. Post-Closure Plan. Post-closure care includes any subsequent activities
necessary to nunimize the need for care after closure and should describe the
anticipated worlc activities necessary to achieve this objective.
s. The Operator shall subnut an Erosion and Sediment Control Plan in accordance
with the applicable City Criteria Manual.
t. The Operator shall notify all private freshwater well owners in writing that they
have the right to have their wells tested. Proof of such written notice shall be
subnutted to the City as part of the Site Plan application.
.
.. ■ .
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. .. .
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.
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u. The Operator shall submit a deed, lease, contract or similar written instniment
evidencing the location of the Drilling and Production Site, which document shall
be filed with the County Records Department upon approval of the Gas Well
Development Site Plan.
v. The Operator shall provide a copy of its Emergency Action Plan if required to
prepare one pursuant to federal or state law.
w. Any other information deemed necessary by the Oil and Gas Inspector to verify
compliance with these standards.
C. Processing of Applications.
1. An application for a Gas Well Development Site Plan shall be processed in the
manner for an application for a gas well development plat, as provided in Section
35.16.19 of the DDC, and shall be decided b�T the Oil and Gas Inspector.
2. A Watershed Protection Pernut shall be processed in accordance with the following:
a. All applications for Watershed Protection Permits shall be filed with the
Department, who shall immediately forward all applications to the DRC for
review. Incomplete applications shall be returned to the applicant, in which case
the City shall provide a written explanation of the deficiencies if requested by the
applicant. The City shall retain a processing fee determined by the City Council.
The City may return any application as incomplete if there is a dispute pending
before the Railroad Commission regarding the deternunation of the operator. No
application shall be deemed accepted for filing until the application is complete.
b. The DRC may attach such conditions to approval of a Watershed Protection
Pernut as are necessary to assure that the requirements of Subsection 3522.5 are
met.
c. Each Watershed Protection Pernut approved by the DRC shall:
i. Identify the name of each well subj ect to the permit;
ii. Specify the date on which the Permit was issued;
iii. Incorporate by reference all applicable standards of approval; and
iv. Incorporate by reference all applicable conditions of approval.
D. Criteria for Approval.
1. No Gas Well Development Site Plan shall contain more than one (1) Drilling and
Production Site, and the Drilling and Production Site shall not be greater than five (5)
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acres in size. All standards in Section 3522.5 shall be met, and all conditions attached
to prior approvals shall be incorporated in the approval of the Gas Well Development
Site Plan.
2. The following standards apply to an application for a Watershed Protection Permit:
a. For land inside the City limits, all conditions imposed by any applicable SUP,
MPC District or a PD District for the land subject to the Watershed Protection
Pernut.
b. Standards in Subsection 3522.S.A.6 and 3522.S.A.8.
3. An Operator shall subnut an amended Gas Well Development Site Plan one year after
approval if the items required by 35.22.6.B.3, subsections b., h., 1. or m., are
different than those contained in the earlier approved Gas Well Development Site
Plan. The Oil and Gas Inspector shall review the amended Gas Well Development
Site Plan in accordance with this Subsection D.
E. Expiration.
1. A Gas Well Development Site Plan shall automatically expire one (1) year from the
date of approval, unless a Gas Well Pernut has been issued by the City for the same
site.
a. A Gas Well Development Site Plan shall not be extended unless a special
exception has been approved by the Board of Adjustment pursuant to Section
35.22.16. The applicant may submit a new Gas Well Development Site Plan
application for review and approval in accordance with all applicable
requirements of the DDC then in effect.
b. If the Gas Well Development Site Plan expires, then all permits approved prior to
or simultaneous with the site plan for the same activity shall likewise expire on
the same date.
2. An associated Watershed Protection Pernut shall expire with the expiration of the Gas
Well Development Site Plan and may not be extended prior to expiration.
35.22.7. - Gas Well Permit Required.
A. Any person, acting for himself or acting as an agent, employee, independent contractor,
or servant for any person, shall not engage in the drilling and production of gas wells
within the corporate linuts of the City without first obtaining a Gas Well Permit issued
under this Subchapter.
B. When a Gas Well Pernut has been issued covering a well, the Permit shall constitute
authority for drilling, operation, production, gathering of production, maintenance, repair,
32
re-worlcing, testing, site preparation consisting of rigs or tanlc batteries, plugging and
abandonment, and any other activity authorized by this Subchapter associated with
drilling or production by the Operator and their respective employees, agents, and
contractors. A Gas Well Permit shall also constitute authority for the constniction and use
of all facilities reasonably necessary or convenient in connection therewith, including
gathering lines and discharge lines, by the Operator and its respective employees, agents,
contractors and subcontractors.
C. A Gas Well Permit shall not be required for exploration for gas. Exploration of gas means
geologic or geophysical activities, including, but not linuted to surveying and seisnuc
exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. A
seismic permit is required for impact-based exploration.
D. A Gas Well Pernut shall not, however, constitute authority for the re-entering and drilling
of a plugged and abandoned well. Re-entry and drilling of a plugged and abandoned well
shall require a new Gas Well Pernut.
E. Applications for Gas Well Permits shall be in accordance with the following:
1. Shall be in writing;
2. Shall be on forms provided by the City;
3. Shall be signed by the Operator;
4. Shall include the application fee;
5. Shall include a copy of the applicable SUP, PD District, or Gas Well Development
Site Plan; and
6. Shall include the information required by the Application Criteria Manual unless such
information has been previously provided to the City.
35.22.8. - Insurance and Indemnification.
The Operator shall provide or cause to be provided the insurance described below for each
well for which a Gas Well Permit is issued, such insurance to continue until the well is
abandoned and the site restored. The operator may provide the required coverage on a
"blanlcet basis for multiple wells". Such coverage shall be approved by the Rislc Manager for
the City of Denton.
A. General Requirements. Indemnification and Express Negligence Provisions.
1. Each Gas Well Pernut issued by the City shall include the following language:
Operator does hereby expressly release and discharge, all claims, demands, actions,
judgments, and executions which it ever had, or now have or may have, or assigns
-, -,
��
may have, or claim to have, against the City of Denton, and/or its departments, its
agents, officers, servants, successors, assigns, sponsors, volunteers, or employees,
created by, relating to or arising out of personal injuries, lcnown or unlcnown, and
injuries to property, real or personal, or in any way incidental to or in connection with
the performance of the worlc performed by the operator under a Gas Well Permit and
the Operator caused by or arising out of, that sequence of events which occur under
the Gas Well Pernut, and worlc performed by the Operator shall fully defend, protect,
indemnify, and hold harniless the City of Denton, Texas, and/or its departments,
agents, officers, servants, employees, successors, assigns, sponsors, or volunteers
from and against each and every claim, demand, or cause of action and any and all
liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and
expenses incurred in defense of the City of Denton, Texas, and/or its departments,
agents, officers, servants, or employees, including, without limitation, personal
injuries and death in connection therewith which may be made or asserted by
Operator, its agents, assigns, or any third parties on account of, arising out of, or in
any way incidental to or in connection with the performance of the worlc performed
by the Operator under a Gas Well Pernut and, the Operator agrees to indemnify and
hold harniless the City of Denton, Texas, and/or its departments, and/or its officers,
agents, servants, employees, successors, assigns, sponsors, or volunteers from any
liabilities or damages suffered as a result of claims, demands, costs, or judgments
against the City and/or, its departments, it's officers, agents, servants, or employees,
created by, relating to or arising out of the acts or omissions of the City of Denton
occurring on the Drilling and Production Site or operation site in the course and scope
of inspecting and permitting the gas wells INCLUDING, BUT NOT LIMITED TO,
CLAIMS AND DAMAGES ARISING 1N WHOLE OR 1N PART FROM THE
SOLE NEGLIGENCE OF THE CITY OF DENTON OCCLJRRING ON THE
DRILLING AND PRODUCTION SITE 1N THE COURSE AND SCOPE OF
1NSPECTING AND PERMITTING THE GAS WELLS. IT IS LJNDERSTOOD
AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS
AN INDEMNITY EXTENDED BY THE OPERATOR TO 1NDEMNIFY AND
PROTECT THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE
CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF DENTON, TEXAS
AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR
EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE OF THE
RESULTANT 1NJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE
SOLE NEGLIGENCE OF THE CITY 1N THE COURSE AND SCOPE OF ITS
DUTY TO 1NSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE
MAXIMUM AMOUNT OF RECOVERY LJNDER THE TORT CLAIMS ACT.
2. All policies shall be endorsed to read "this policy will not be cancelled or non-
renewed without thirty (30) days advanced written notice to the owner and the City
except when this policy is being cancelled for nonpayment of premium, in which case
ten (10) days advance written notice is required".
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3. Liability policies shall be written by carriers licensed to do business in Texas and
with companies with A: VIII or better rating in accordance with the current Best Key
Rating Guide, or with nonadmitted carriers that have a financial rating comparable to
carriers licensed to do business in Texas approved by the City.
4. Liability policies shall name as "Additional Insured" the City and its officials, agents,
employees, and volunteers.
5. Certificates of insurance shall be presented to the City evidencing all coverage's and
endorsements required by this Section 3522.8, and the acceptance of a certificate
without the required limits and/or coverage's shall not be deemed a waiver of these
requirements.
6. Claims made policies will not be accepted except for excess policies or unless
otherwise provided by this Subchapter.
B. Required Insurance Coverages.
1. Commercial General Liability Insurance.
a. Coverage should be a minimum Combined Single Linut of one million dollars
($1,000,000) per occurrence for Bodily Injury and Property Damage. This
coverage shall include prenuses, operations, blowout or explosion, products,
completed operations, blanlcet contractual liability, underground property damage,
broad form property damage, independent contractors protective liability and
personal injury.
b. Environmental Impairment (or Seepage and Pollution) shall be either included in
the coverage or written as separate coverage. Such coverage shall not exclude
damage to the lease site. If Environmental Impairment (or Seepage and Pollution)
Coverage is written on a"claims made" basis, the policy shall provide that any
retroactive date applicable precedes the effective date of the issuance of the
Pernut. Coverage shall apply to sudden and non-sudden pollution conditions
resulting from the escape or release of smolce, vapors, fumes, acids, allcalis, toxic
chemicals, liquids or gases, waste material or other irritants, contaminants or
pollutants.
2. Automobile Liability Insurance. Minimum Combined Single Linut of one million
dollars ($1,000,000) per occurrence for Bodily Injury and Property Damage. Such
coverage shall include owned, non-owned, and hired vehicles.
3. Worlcer's Compensation Insurance. In addition to the minimum statutory
requirements, coverage shall include Employer's Liability limits of at least one
hundred thousand dollars ($100,000) for each accident, one hundred thousand dollars
($100,000) for each employee, and a one million dollars ($1,000,000) policy linut for
occupational disease, and the insurer agrees to waive rights of subrogation against the
35
City, its officials, agents, employees, and volunteers for any worlc performed for the
City by the operator.
4. Excess (or Umbrella) Liability Insurance. Minimum linut of ten nullion dollars
($10,000,000) covering in excess of the preceding insurance policies.
5. Control of Well Insurance.
a. Minimum limit of five nullion dollars ($5,000,000) per occurrence.
b. Policy shall cover the Cost of controlling a well that is out of control, Re-drilling
or Restoration expenses, Seepage and Pollution Damage. Damage to Property in
the Operator's Care, Custody, and Control with a sub-linut of five hundred
thousand dollars ($500,000) may be added.
35.22.9. - Security.
A. A security instniment that covers each well shall be delivered to the Oil and Gas
Inspector before the issuance of the Gas Well Pernut for the well. The instniment shall
provide that it cannot be cancelled without at least thirty (30) days' prior written notice to
the City and, if the instniment is a performance bond, that the bond cannot be cancelled
without at least ten (10) days' prior written notice for non-payment of prenuum. The
instniment shall secure the obligations of the operator related to the well to:
1. Repair damage, excluding ordinary wear and tear, if any, to public streets, including
but not limited to bridges, caused by the operator or by the operator's employees,
agents, contractors, subcontractors or representatives in the performance of any
activity authorized by or contemplated by the Gas Well Permit;
2. Comply with the insurance and security provisions set forth in Section 3522.8 and
Section 3522.9;
3. Pay fines and penalties imposed upon the operator by the City for any breach of the
Gas Well Pernut; and
4. Comply with Site Reclamation requirement.
B. The security instniment may be in the form of an irrevocable letter of credit or payment
bond issued by a banlc or surety approved by the City. The instniment shall nin to the
City for the benefit of the City, shall become effective on or before the date the Gas Well
Pernut is issued, and shall remain in effect until the well is abandoned and the site
restored.
C. A certificate of deposit may be substit�ited for the letter of credit or payment bond. The
certificate shall be issued by a banlc in Denton County, Texas, shall be approved by the
City, shall be payable to the order of the City to secure the obligations of the Operator
36
described above, and shall be pledged to the banlc with evidence of delivery provided to
the Director of Planning and Community Development. Interest on the certificate shall be
payable to the operator.
E. The security instniment may be provided for an individual well, or for multiple wells on
each Drilling and Production Site. The amount of the security shall be deternuned by the
City Engineer, with due regard to the costs and rislcs to be secured in subsection A,
above, either on a per-application basis, or as adnunistratively established and amended
in the Application Criteria Manual, in the minimum amount of one hundred thousand
dollars ($100,000.00) for a single well on the site, two hundred thousand dollars
($200,000) for two (2) to four (4) wells on the same site, or three hundred thousand
dollars ($300,000.00) for 5 or more wells on the same site. The security will ternunate
when the Oil and Gas Inspector confirms in writing that one of the following events has
occurred:
1. The Gas Well Permit is transferred, and the Operator-transferee provides replacement
security that complies with this section; or
2. The well is plugged and abandoned and the site restored.
F. An appeal of the determination of the amount of security required under this Subchapter
may be made to the Planning and Zoning Comnussion for recommendation to the City
Council for final determination of the amount of security.
35.22.10. - Review of Permits for Gas Well Drilling and Production.
A. All applications for Gas Well Pernuts shall be filed with the Department who shall
immediately forward all applications to the DRC for review. Incomplete applications
shall be returned to the applicant, in which case the City shall provide a written
explanation of the deficiencies if requested by the applicant. The City shall retain a
processing fee determined by ordinance. The City may return any application as
incomplete if there is a dispute pending before the Railroad Comnussion regarding the
determination of the operator. No Gas Well Permit shall be approved under this Section
unless the property owner or applicant first receives approval of:
1. A SUP, where required, a Detailed Plan in a PD district, or a site-specific
authorization in a MPC district;
2. A Watershed Protection Permit, where applicable; and
3. A Gas Well Development Site Plan.
Denial or conditional approval of any such applications shall be grounds for denial or
conditional approval of the Gas Well Pernut.
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B. The DRC shall review each application consistent with the procedures set forth in 35.16.8
and shall determine:
1. Whether the application includes all of the information required by this Subchapter;
2. Whether the application is in conformance with the applicable Gas Well
Development Site Plan, applicable SUP, MPC Zoning District or PD Zoning District;
and
3. Whether the application is in conformance with the insurance and security
requirements set forth in Subsection 35.22.8 and Subsection 35.22.9.
C. The Oil and Gas Inspector may not release the approved Gas Well Permit until after the
Operator has provided:
1. The security required by Subsection 3522.9;
2. Upon the Operator entering into a Road Damage Remediation Agreement that will
obligate the operator to repair damage excluding ordinary wear and tear, if any, to
public streets, including but not linuted tq bridges caused by the operator or by the
operator's employees, agents, contractors, subcontractors or representatives in the
performance of any activity authorized by or contemplated by the approved Gas Well
Pernut; and
3. A copy of the recordable instniment filed with the County Records Department as
required by Subsection 35.22.6.B.3.u.
D. The failure of the DRC or the Oil and Gas Inspector to review and issue a Gas Well
Pernut within the time limits specified above shall not cause the application for the
Pernut to be deemed approved.
E. Each Gas Well Permit issued by the Oil and Gas Inspector shall:
L Identify the name of each well and its Operator;
2. Specify the date on which the Oil and Gas Inspector issued each Pernut;
4. Specify the date by which drilling shall commence, otherwise the Pernut expires
(such date shall not be less than 6 months after the date of issuance).
4. Specify that if drilling is commenced before the Pernut expires, the Permit shall
continue until the well covered by the Permit is abandoned and the site restored;
5. Incorporate, by reference, the insurance and security requirements set forth in
Subsection 35.22.8 and Subsection 35.22.9;
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6. Incorporate, by reference, the requirement for periodic reports set forth in Subsection
35.22.11 and for Notice of Activities set forth in Subsection 3522.12;
7. Incorporate the full text of the release of liability provisions set forth in Subsection
35.22.8.A.1;
8. Incorporate, by reference, the conditions of the applicable Watershed Protection
Pernut, Gas Well Development Site Plan, and applicable SUP, MPC Zoning District,
or PD Zoning District, and Gas Well Ordinance applicable at the initiation of the gas
well drilling and production proj ect;
9. Incorporate, by reference, the information contained in the Permit application;
10. Incorporate, by reference, the applicable niles and regulations of the RRC, including
the applicable "field niles";
11. Specify that no drilling operations (including the constniction of internal private
access roads) shall commence until the operator has provided the security required by
Subsection 35.22.9;
12. Contain the name, address, and phone number of the person designated to receive
notices from the City, which person shall be a resident of Texas that can be served in
person or by registered or certified mail;
13. Incorporate by reference all pernuts and fees required by the Fire Code;
14. Incorporate the well's RRC pernut number and the American Petroleum Institute
(AP� number;
15. Incorporate, by reference all other applicable provisions set forth in the DDC; and
16. Contain a notarized statement signed by the Operator, or designee, that the
information is, to the best lcnowledge and belief of the Operator or designee, is tnie
and correct.
17. Contain a statement that the Operator is required to comply with all applicable federal
and state laws and regulations, which the City will verify compliance as part of its
periodic inspections.
F. The decision of the Oil and Gas Inspector to deny an application for a Gas Well Permit
shall be provided to the operator in writing within ten (10) days after the decision,
including an explanation of the basis for the decision.
G. If an application for a Gas Well Permit is denied by the Oil and Gas Inspector, nothing
herein contained shall prevent a new Permit application from being submitted to the City
for the same well.
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H. Expiration of Gas Well Pernut.
1. A Gas Well Pernut is valid for six (6) months and shall automatically expire, unless
gas well drilling and production have commenced prior to expiration.
2. If a Gas Well Pernut has been issued by the City but gas well drilling and production
have not commenced prior to the expiration of the permit, the permit shall not be
extended unless a special exception has been approved by the Board of Adjustment
pursuant to 35.22.16; however, the Operator may reapply for a new pernut.
3. If gas well drilling and production have commenced prior to the expiration of the Gas
Well Pernut issued by the City, the permit shall continue, and Operator shall be
subject to an Annual Inspection and Administration fee.
4. If gas well drilling and production have commenced following issuance of a Gas Well
Pernut by the City before the expiration date, the approved Drilling and Production
Site and all activities shall be subject to inspections by the City to ensure compliance
with terms and conditions of the Gas Well Permit and all applicable standards of the
DDC.
35.22.11. - Periodic Reports.
A. The Operator shall notify the Oil and Gas Inspector of any changes to the following
information within one (1) business day after the change occurs.
1. The name, address, and phone number of the Operator;
2. The name, address, and twenty-four (24)-hour phone number of the person(s) with
supervisory authority over the Drilling and Production Site;
3. The name, address, and phone number of the person designated to receive notices
from the City, which person shall be a resident of Texas that can be served in person
or by registered or certified mail; and
4. The Operator's Emergency Action Plan if required to file one pursuant to federal or
state law.
B. The Operator shall provide a copy of any "incident reports" or written complaints
subnutted to the RRC or any other state or federal agency within thirty (30) days after the
operator has notice of the existence of such reports or complaints. This includes the
recording of both reportable and non-reportable events as noted in Texas Adnunistrative
Code, Title 30.
C. Beginning the January after each well is spud, and continuing on each January thereafter
until the operator notifies the Oil and Gas Inspector that the well has been plugged and
40
abandoned and the Drilling and Production Site restored, the operator shall prepare a
written report to the Oil and Gas Inspector identifying any changes to the information that
was included in the application for the applicable Gas Well Pernut that have not been
previously reported to the City.
D. The Operator must provide a copy to the Oil and Gas Inspector all reports otherwise filed
with the TCEQ in connection with an installed vapor recovery unit as described in
3522.S.A2.n. The Operator shall also provide the City with copies of any responses
provided by TCEQ. Such reports and responses shall be lcept on the Drilling and
Production Site and shall be available for inspection when requested by the Oil and Gas
Inspector.
E. The Operator shall provide the City with copies filed with the RRC of the respective
reports for setting surface casing, blowout preventer (BOP) pressure testing, bridge plug
testing, pressure relief valve testing, and level control testing. The Operator shall also
provide the City with copies of any responses provided by the RRC. Copies of such
reports and responses shall be lcept on the Drilling and Production Site and shall be
available for inspection when requested by the Oil and Gas Inspector.
F. The Operator shall submit a copy of a soil sampling analysis as required by Subsection
3522.S.A2.q upon request by the Oil and Gas Inspector.
G. In addition to the records listed in Subsections 3522.S.A.61c.i and 3522.11.B, the
Operator shall provide the City with a copy of all records filed with the RRC and TCEQ
by the Operator or by third parties. Copies of such records shall be lcept on the Drilling
and Production Site and shall be available for inspection when requested by the Oil and
Gas Inspector.
35.22.12. - Notice of Activities.
A. Any Operator who intends to perform the following activities: (1) drill a well; (2) re-
worlc a well using a drilling rig; (3) to fracture stimulate a well ;(4) perform flow bacic
operations; (5) plug a well; (6) perform any other maintenance at a Drilling and
Production Site; or (7) to conduct seismic exploration not involving explosive charges;
shall give written notice to the City at least two (2) days before the activities begin. Road
Damage Remediation Fees shall be paid to the City and submitted with the Notice of
Activities.
B. All dwellings within one thousand (1,000) feet of a well shall be notified a nunimum of
forty-eight (48) hours prior to the activities.
1. The notice shall identify where the activities will be conducted and shall describe the
activities in reasonable detail, including but not linuted to the duration of the activities
and the time of day they will be conducted.
41
2. The notice shall also provide the address and twenty-four (24)-hour phone number of
the person conducting the activities.
C. The Operator responsible for the activities shall post a sign at the entrance of the Drilling
and Production Site giving the public notice of the activities, including the name, address,
and twenty-four (24)-hour phone number of the person conducting the activities.
D. If upon receipt of the notice the City deternunes that an inspection by the Oil and Gas
Inspector is necessary, the operator will pay the City's customary charge for the
inspection.
E. Surface Casing.
1. The Operator shall notify the Inspector within 24 hours of setting surface casing.
2. Casing procedures shall follow RRC Rule 3.13, or any successor regulation.
F. If a proposed Drilling and Production Site is located within one thousand (1,000) feet of a
protected use, the Operator shall also host a public meeting at a location accessibly
convenient to surrounding property owners and residents at least ten (10) days, but no
more than forty-five (45) days, prior to either: (1) the public hearing held by the Planning
and Zoning Commission in connection with an SUP application, or (2) the submission of
a Gas Well Development Site Plan if an SUP is not required. The Operator must provide
written notice of the meeting to all property owners located within one thousand (1,000)
feet of the proposed Drilling and Production Site. A mailing list that identifies each
property and property owner shall be submitted to the Oil and Gas Inspector for proof of
compliance with this requirement. The meeting should provide information regarding
planned activities and timelines for the site and must provide an opportunity for citizens
to aslc questions about the proposed site. All notification and meeting costs shall be
borne by the Operator.
G. All surrounding property owners, businesses and residents within one thousand (1,000)
feet of a Drilling and Production Site shall be notified a nunimum of forty-eight (48)
hours prior to fracturing of a wellhead. In addition, at least two (2) business days before
fracturing operations commence, the Operator shall post a sign at the entrance of the site
advising the public of the date the operations will begin and send notice to the City.
35.22.13. - Amended Gas Well Permits.
A. An Operator may submit an application to the Oil and Gas Inspector to amend existing
Gas Well Pernuts to:
Commence drilling from a new drill site that is not shown on (or incorporated by
reference as part of) the existing permit;
�2
2. To relocate a drill site or operation site that is shown on (or incorporated by reference
as part o� the existing Gas Well Permit; or
3. To otherwise amend the existing Gas Well Pernut, for land subject to the same
approved Gas Well Development Site Plan.
B. Applications for amended Gas Well Pernuts shall be in writing, shall be on forms
provided by the Department of Planning and Development, shall be signed by the
operator, and shall include the following:
1. The application fee as set by City ordinance;
2. A description of the proposed amendments;
3. Any changes to the information submitted with the application for the existing Gas
Well Pernut (if such information has not previously been provided to the City);
4. Such additional information as is reasonably required by the Oil and Gas Inspector to
demonstrate compliance with the applicable Gas Well Development Site Plan,
applicable SUP or PD District; and
5. Such additional information as is reasonably required by the Oil and Gas Inspector to
prevent imminent destniction of property or injury to persons.
C. All applications for amended Gas Well Permits shall be filed with the Department of
Planning and Development, and the Department shall immediately forward all
applications to the Oil and Gas Inspector for review. Incomplete applications may be
returned to the applicant, in which case the City shall provide a written explanation of the
deficiencies; however, the City may retain a processing fee as determined by the Oil and
Gas Inspector. The City may return any application as incomplete if there is a dispute
pending before the RRC regarding the determination of the Operator.
D. If the activities proposed by the amendment are not materially different from the
activities covered by the existing Gas Well Permit or Gas Well Development Site Plan,
and if the proposed activities are in conformance with the applicable Watershed
Protection Pernut, Gas Well Development Site Plan, applicable SUP or Detailed Plan in a
PD District, or site-specific authorization in a MPC District, then the Oil and Gas
Inspector shall approve the amendment within ten (10) days after the application is filed.
E. If the activities proposed by the amendment are materially different from the activities
covered by the existing gas well permit, and if the proposed activities are in conformance
with the applicable Watershed Protection Pernut, Gas Well Development Site Plan,
applicable SUP or Detailed Plan in a PD District, or site-specific authorization in a MPC
District, then the Oil and Gas Inspector shall approve the amendment within thirty (30)
days after the application is filed. In addition, if the activities proposed by the amendment
are materially different or, in the judgment of the Oil and Gas Inspector, might create a
43
rislc of imminent destniction of property or injury to persons that was not associated with
the activities covered by the existing pernut or that was not otherwise taken into
consideration by the existing pernut, the Oil and Gas Inspector may require the
amendment to be processed as a new Gas Well Permit application.
F. The failure of the Oil and Gas Inspector to review and issue an amended Gas Well Permit
within the time limits specified above shall not cause the application for the amended
Pernut to be deemed approved.
G. The decision of the Oil and Gas Inspector to deny an amendment to a Gas Well Permit
shall be provided to the operator in writing within ten (10) days after the decision,
including an explanation of the basis for the decision. The operator may appeal any such
denial in accordance with Section 35.22.16.A.1.
35.22.14. - Transfer of Gas Well Permits.
A Gas Well Permit may be transferred by the Operator with the written consent of the City if
the transfer is in writing signed by both parties, if the transferee agrees to be bound by the
terms and conditions of the transferred Pernut, if all information previously provided to the
City as part of the application for the transferred Pernut is updated to reflect any changes,
and if the transferee provides the insurance and security required by Section 35.22.8 and
Section 3522.9. The insurance and security provided by the transferor shall be released if a
copy of the written transfer is provided to the City and all other requirements provided in this
subsection are satisfied. The transfer shall not relieve the transferor from any liability to the
City arising out of any activities conducted prior to the transfer.
35.22.15. - Inspection.
A. The Oil and Gas Inspector shall have the authority to issue any orders or directives
required to carry out the intent and purpose of this Subchapter. Failure of any person to
comply with any such order or directive shall constitute a violation of this Subchapter.
B. The Oil and Gas Inspector shall have the authority to enter and inspect any prenuses
covered by the provisions of this subchapter, to deternune compliance with its provisions,
and all applicable laws, niles, regulations, standards, or directives of any local state or
federal authority.
C. Pursuant to inspection authority granted by the Texas Clean Air Act and the Texas Water
Code, the Oil and Gas Inspector shall conduct periodic inspections of all wells pernutted
under this Subchapter.
D. Inspections may include periodic evaluations of air quality, both on, and at the boundary
of, Drilling and Production Sites. Inspections will also include an evaluation of Operator
conformance with their Hazardous Materials Management Plan and other applicable
requirements to their site.
44
35.22.16. — Appeals and variances.
A. Procedures.
1. The Board of Adjustment shall hear and decide appeals of orders, decisions, or
determinations made by the Oil and Gas Inspector relative to the application and
interpretation of this Subchapter, except for those matters described in Sections
35.22.4.F.3 and 3522.17; furthermore the Board of Adjustment shall hear and decide
requests for variances to the provisions of this Subchapter under the relevant criteria
set forth below. The Board may also grant a special exception extending the
expiration date of a Gas Well Development Site Plan or a Gas Well Pernut for a
period not to exceed one year pursuant to the criteria set forth below. Any Operator
who desires to appeal the type of action described in this subsection or to file a
variance may file an appeal or variance to the Board of Adjustment pursuant to
procedural process outlined in Section 35.3.6 of the DDC. Appeal fees shall be
required for every appeal or variance request. The Board of Adjustment shall review
the appeal or variance and any other related information.
a. Standard of review for appeals. The members of the Board of Adjustment shall
have and exercise the authority to hear and deternune appeals where it is alleged
there is error or abuse of discretion regarding the approval or denial of a Gas Well
Development Site Plan, or the issuance or non-issuance of a Gas Well Permit.
b. Standard of review for variances. In deciding variance requests, the Board of
Adjustment shall consider, where applicable, the following relevant criteria:
Whether there are special circumstances existing on the property on which the
application is made related to size, shape, area, topography, surrounding
conditions and location that do not apply generally to other property in the
vicinity;
ii. Whether a variance is necessary to permit the applicant the same rights in the
use of his property that are presently enjoyed by other similarly situated
properties, but which rights are denied to the property on which the
application is made;
iii. Whether the granting of the variance on the specific property will adversely
affect any other feature of the comprehensive master plan of the town;
iv. Whether the variance, if granted, will be of no material detriment to the public
welfare or injury to the use, enjoyment, or value of property in the vicinity;
45
v. Whether the operations proposed are reasonable under the circumstances and
conditions prevailing in the vicinity considering the particular location and the
character of the improvements located there;
vi. Whether the drilling of the maximum number of potential wells for the
proposed drill site would conflict with the orderly growth and development of
the town;
vii. Whether there are other alternative well site locations;
viii. Whether the operations proposed are consistent with the health, safety and
welfare of the public when and if conducted in accordance with the oil, gas,
or combined well permit conditions to be imposed;
ix. Whether the operations proposed are consistent with protecting the ecological
integrity and environmental quality, including protection of surface and
ground water sources, of potentially impacted environmentally sensitive areas;
x. Whether there is reasonable access for town fire personnel and firefighting
equipment, including the ability to safely evacuate potentially affected
residents;
xi. Whether the impact upon the adj acent property(ies) and the general public by
operations conducted in compliance with the oil, gas, or combined well permit
conditions are reasonable and justified, balancing the following factors:
1. The reasonable use of the nuneral estate by the nuneral estate owner(s) to
explore, develop, and produce the minerals; and
2. The availability of alternative drilling sites; and
xii. Where a variance is requested to reduce separation standards in 3522.S.A.1,
in addition to other relevant criteria, the extent to which owners of Protected
Uses, or freshwater wells currently in use, or previously platted subdivision
where one or more lots have habitable stnictures, have consented to the
reduction in separation standards in writing.
c. The Board of Adjustment shall determine whether to grant an extension of the
expiration date for a Gas Well Development Site Plan or Gas Well Pernut based
upon whether there are circumstances reasonably beyond the control of the
46
Operator, including any delay on the part of the City in issuing subsequent
pernuts, that justify an extension of the Site Plan or Pernut, in order that the
Operator may enj oy the same rights in the use of the property that are presently
enj oyed by other similarly situated properties, but which rights are denied to the
property for which the Site Plan or Pernut expires.
2. The Board of Adjustment may reverse or affirm, in whole or in part, or modify the
Oil and Gas Inspector's order, requirement, decision or deternunation from which an
appeal is taken and make the correct order, requirement, decision or determination
from which an appeal is taken and make the correct order, requirement, decision or
determination. The Board of Adjustment may issue a variance to the applicant under
the criteria referenced in Subsection A.l.b., and may grant a special exception under
the criteria referenced in A.l.c. Any action under this subsection shall require a
three-fourths majority vote of the entire Board of Adjustment.
3. Any Operator aggrieved by any decision of the Board of Adjustment may present to a
court of record a petition, duly verified, stating that such decision is illegal, in whole
or in part, and specifying the grounds of the alleged illegality. Such petition shall be
presented within ten days after the date on which the decision of the Board of
Adjustment was rendered and not thereafter, and judicial review of the petition shall
be pursuant to Texas Local Government Code, § 211.011, as amended.
B. Watershed Permit Appeals.
1. The applicant may appeal the denial or conditional approval of a Watershed
Protection Permit on grounds pertaining to the standards in Subsection 3522.S.A.6
and 3522.S.A.8 to the Planning and Zoning Comnussion within ten (10) calendar
days of the decision by the DRC. In deciding the appeal, the Planning and Zoning
Commission shall decide the appeal based upon the standards made applicable to the
pernut by Subsection 35.22.S.A.6 and 3522.S.A.8.
2. The applicant may file a petition for review pursuant to Subsection 35.22.S.A.6 and
3522.S.A.8 on grounds therein specified to the City Council within ten (10) calendar
days of the decision by the Planning and Zoning Commission. The Council shall
decide the petition based upon the criteria in Subsection 3522.S.A.6 and 3522.S.A.8.
C. Preemption Appeal.
1. Purpose. The regulation of gas well drilling and production in this subchapter
potentially overlaps with regulation of gas well drilling and production by the State of
Texas and the United States of America. The purpose of this section is to afford
47
Operators the opportunity to demonstrate to the City that one or more standards or
procedures contained in this subchapter are preempted by state or federal law.
2. Petition Contents. An Operator who is aggrieved by the promulgation or
application of the standards or procedures in this subchapter and who claims that one
or more such standards or procedures are preempted by state or federal law shall
subnut a petition to the Oil and Gas Well Inspector explaining the factual and legal
bases upon which the Operator relies to support his contention that a regulation in this
subchapter is preempted. The petition shall be accompanied by an unconditional
waiver of any statutory time periods or time periods established by ordinance for
review of any filed applications which are the subject of the petition. The petition
shall include, at a nunimum, the following:
a. The name, mailing address, phone number and fax number of the person (or the
person's duly authorized agent);
b. Identification of all property owned or under the control of the Operator that is
affected by the preemption claim;
c. Identification of the permit applications for which the applicant seelcs relief under
this section;
d. Identification of all regulations in this subchapter that the petitioner contends do
not apply to the proj ect due to preemption of the subj ect matter by state or federal
law;
e. For each regulation in this subchapter that is the subject of the Operator's
preemption claim, specification of the state or federal law, standard,
administrative nile or order that allegedly preempts the regulation, together with
an explanation of why such law, standard, administrative nile or order preempts
the regulation.
3. Procedure and Decision.
The Oil and Gas Inspector shall first deternune whether the application is complete
pursuant to DDC section 35.16.8. Once the application has been determined to be or
is deemed complete, the Director shall forward the preemption petition, together with
the required supporting information or documentation, to the City Manager and City
Attorney for their respective reviews. Prior to rendering his final deternunation, the
City Manager may request a pre-deternunation conference with the petitioner to
discuss the preemption claim and to ensure that the nature of the claim is fully and
completely understood by the City Manager. The City Manager, after consultation
with the City Attorney, shall render a final administrative determination that grants
the relief requested in the petition in whole or in part, or denies the requested relief in
whole or in part within 30 days of the date the petition is complete. The City
Manager's deternunation shall include a statement of the reasons for the decision, and
shall identify the regulations that are preempted on their face or as applied to the
48
petitioner's pernut application(s) for approval under this subchapter. The City
Manager may also recommend to the City Council that one or more regulations
contained in this subchapter should be repealed or modified so as to avoid other
preemption claims.
35.22.17. - Remedies of the City.
A. If an Operator (or its officers, employees, agents, contractors, subcontractors or
representatives) fails to comply with any requirement of a Gas Well Permit (including
any requirement incorporated by reference as part of the Permit), the Fire Marshal or Oil
and Gas Inspector may, in connection with or separate from 35.22.18, give written notice
to the operator specifying the nature of the alleged failure and giving the Operator a
reasonable time to cure, talcing into consideration the nature and extent of the alleged
failure, the extent of the efforts required to cure, and the potential impact on the health,
safety, and welfare of the community. The Operator shall respond in writing within
forty-eight (48) hours and indicate how the violation(s) shall be cured. In no event,
however, shall the cure period be less than thirty (30) days unless the alleged failure
presents a rislc of imnunent destniction of property or injury to persons or unless the
alleged failure involves the operator's failure to provide periodic reports. The Fire
Marshal or Oil and Gas Inspector may issue a Stop Worlc Order under the Fire Code.
B. If the Operator does not cure the alleged failure within the time specified by the Fire
Marshal and/or Oil and Gas Inspector, the Fire Marshal and/or Oil and Gas Inspector may
notify the RRC and request that the RRC take appropriate action (with a copy of such
notice provided to the operator), and the City may pursue any other remedy available.
C. If the operator does not cure the alleged failure within the time specified by the Fire
Marshal and/or Oil and Gas Inspector, the Oil and Gas Inspector may upon
recommendation of the Health and Building Standards Commission
1. Recommend to the City Council that the Gas Well Pernut be suspended until the
alleged failure is cured; or,
2. Recommend to the City Council that the Gas Well Permit be revolced, if after prior
suspension the Operator does not cure the alleged failure.
D. The decision of the Fire Marshal and/or Oil and Gas Inspector to recommend suspension
or revocation of a Gas Well Pernut shall be provided to the Operator in writing at least
ten (10) days before any action by the City Council unless the alleged failure present a
rislc of imminent destniction of property or injury to persons.
E. If a Gas Well Pernut is revolced, the Operator may submit information to the Oil and Gas
Well Inspector evidencing that the alleged failure resulting in the revocation of the Gas
Well Pernut have been corrected, and an application for a new Gas Well Permit may be
subnutted for the same well.
49
35.22.18. - Enforcements, Right of Entry.
A. The Fire Marshal and the Oil and Gas Inspector are authorized and directed to enforce
this Subchapter and the provisions of any Gas Well Pernut. Whenever necessary to
enforce any provision of this Subchapter or a Gas Well Permit, or whenever there is
reasonable cause to believe there has been a violation of this Subchapter or a Gas Well
Pernut, the Fire Marshal or Oil and Gas Inspector, may enter upon any property covered
by this Subchapter or a Gas Well Permit at any reasonable time to inspect or perform any
duty imposed by this Subchapter. If entry is refused, the City shall have recourse to every
remedy provided by law and equity to gain entry.
B. It shall be unlawful and an offense for any person to do the following:
1. Engage in any activity not permitted by the terms of a Gas Well Permit issued under
this Subchapter;
2. Fail to comply with any conditions set forth in a Gas Well Permit issued under this
Subchapter; or
3. Violate any provision or requirement set forth under this Subchapter.
C. The enforcement and penalty provision under Subsection 35.1.10.4 shall apply to a
violation of this Subchapter.
D. The Fire Marshal or Oil and Gas Inspector is authorized to issue citations into municipal
court for violations of this Subchapter or Gas Well Pernut.
E. The City may also notify the EPA, TCEQ, RRC or other applicable federal or state
agency in connection with violations of this Subchapter.
50
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2013
DEPARTMENT: Fire
ACM: Jon Fortune �
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the
City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and
Denton County for Fire Protection Services; and declaring an effective date.
BACKGROUND
The Interlocal Agreement for Fire Service between the City of Denton and Denton County
provides fire protection services by the Denton Fire Department to the County areas previously
served by the Mayhill-Cooper Creelc Volunteer Fire Department and a small portion of the Lalce
Cities Fire District now adjacent to the newly annexed City property in the southwest portion of
Teasely (FM 2181).
In 2003, Denton County requested that the City of Denton provide fire protection to the
designated area due to Mayhill-Cooper Creek's continuing lack of sufficient resources to provide
a proper response to fire calls. The County also requested in 2004 that the City respond to a
small area next to Guyer high school on FM 2181 and Old Alton Road since the City of Denton's
response time to the area was much quicker than Lake Cities Fire Department.
This ongoing interlocal agreement is often delayed in the County's legal approval process, which
also includes review by the Denton County Fire Chiefs Association as well as approval by the
Commissioners Court as part of their budget process. After the City of Denton signs the
agreement, the County Commissioners take their official action. Even though the contract is
usually approved after its starting date, the agreement still remains effective from October 1,
2012 with no reductions in revenues. The Commissioners' court determines the total
appropriation to pay for fire protection in the unincorporated County area each year and divides
that amount by an estimated number of fire calls to arrive at a per fire reimbursement. Table 1
shows the five-year history of fire funding.
Table 1
OPTIONS
Approve proposed ordinance or deny proposed ordinance.
RECOMMENDATION
Staff recommends the adoption of the proposed ordinance and agreement.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Staff presented a review of ongoing costs to deliver fire services to the County in its budget
process for FY2012/2013. Currently, there are no negotiations between the City and County on
the provisions of the contract since the Commissioner's Court determines the annual contract
amount.
The previous County fire protection contract was approved by the City Council on Febniary 7,
2012.
FISCAL INFORMATION
Denton County will pay the City $10,000 upon execution of the proposed agreement and
reimburse the City for each fire call at the rate of $475.00 per fire call which is an increase of
$25.00 per call reimbursement used in the 2011/2012 agreement. The annual estimate for the
reimbursement of fire calls in 2012/2013 is $25,650.00 based on an estimated 54 fire calls in the
unincorporated County area. The total Fire Protection contract with the County is estimated to
be $35,650.00 which is a 51.7% increase from last year's $23,500.00 contracted anlount.
EXHIBITS
Ordinance
Agreement
Respectfully submitted:
Ross Chadwicic
Fire Chief
� � Z:\OrdinancesU3\fire protection agreeMent county.docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN 1NTERLOCAL COOPERATION
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR FIRE
PROTECTION SERVICES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves an Interlocal
Cooperation Agreement between the City of Denton and Denton County for fire protection
services, a copy of which is attached hereto and incorporated by reference herein. The City
Manager, or his designee, is hereby authorized to execute this Interlocal Cooperation Agreement
on behalf of the City.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED A,S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _ �
MARK A. BURROUGHS, MAYOR
THE COUNTY OF DENTON
STATE OF TEXAS
§
§
§
§
CITY OF DENTON
FIRE DEPARTMENT
INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT, which has an effective date of October 1, 2012, is made and
entered into by and between Denton County, a political subdivision of the State of Texas,
hereinafter referred to as "the COUNTY," and the City of Denton Fire Department, a municipal
corporation, located in Denton County, Texas, hereinafter referred to as "the AGENCY".
WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas
engaged in the administration of county government and related services for the benefit of the
citizens of Denton County; and
WHEREAS, the AGENCY is a municipal corporation, duly organized and operating
under the laws of the State of Texas and engaged in the provision of fire protection services and
related services for the benefit of the citizens of the City of Denton; and
WHEREAS, the AGENCY is the owner and operator of certain fire protection vehicles
and other equipment designed for the extinguishing of fire and prevention of damage to property
and injury to persons from fire and has in its employ trained personnel whose duties are related
to the use of such vehicles and equipment; and
WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and
contract pursuant to provisions of the Texas Government Code, Chapter 791 and the Texas Local
Government Code, Chapter 352, and
NOW, THEREFORE, the COUNTY and the AGENCY, for the mutual promises,
covenants, Agreements and consideration stated herein, agree as follows:
I.
TERM
The term of this Agreement shall be for the period beginning of October 1, 2012, and
ending September 30, 2013.
II.
SERVICES
The services to be rendered in accordance with this Agreement by the AGENCY are the
fire protection services normally rendered by the AGENCY to citizens of the City of Denton in
circumstances of emergency, but which services will now be extended to all citizens of the
2012 — 2013 Interlocal Cooperation Agreement — Fire Protection Services.'Denton - Page 1 of 7
COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or
jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this
Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference.
These services are rendered in consideration of the basic funding and the separate per call fee set
forth in this Agreement for the common good and benefit and to serve the public convenience
and necessity of the citizens of the COUNTY who are not otherwise protected with respect to
fire prevention, extinguishment, safety and rescue services. The services to be rendered are as
follows:
A. The AGENCY shall make available and provide emergency fire prevention,
extinguishment, safety and rescue services within the agreed or specified territory
or jurisdiction of the AGENCY.
B. The AGENCY shall respond to requests for fire protection services made within
the portion of the COUNTY designated as "Denton" as set out in Exhibit "A".
C. The COUNTY agrees that, in the event a fire in the AGENCY's unincorporated
designated area which the AGENCY considers to be of an incendiary nature and
upon request by the AGENCY, the County Fire Marshal will dispatch
investigation personnel to the fire scene within a response time sufficient to
legally maintain and protect all evidence of said fire and will conduct all
appropriate investigation and assist in the prosecution of any case of arson. The
AGENCY shall not be responsible for investigations of suspected incendiary fires
in the unincorporated areas, but shall cooperate with the County Fire Marshal in
immediately relating all pertinent information possible to the investigator(s).
D. The COUNTY agrees that the County Fire Marshal may assist in the conduct of
appropriate investigations of a fire which the AGENCY considers to be of
incendiary nature in the AGENCY's incorporated area upon request of the
AGENCY.
E. The AGENCY shall submit monthly statements on the Texas Fire Incident
Reporting System's standardized forms to the Denton County Fire Marshal, 9060
Teasley Lane, Denton, Texas 76210-4010. This form will serve as the billing
statement to the COUNTY for reimbursement of calls made in the unincorporated
area. The Denton County Fire Marshal shall provide the forms upon request from
the AGENCY.
F. The AGENCY, in the performance of its duties and responsibilities under this
Agreement, shall have the responsibility, within the sole discretion of the officers
and employees of the AGENCY, except as otherwise determined by the Denton
County Fire Marshal, to determine priorities in the dispatching and use of the
AGENCY's equipment and personnel, and the judgment of any such officer or
employee as to such matters shall be the final deternunation.
2012 — 2013 Interlocal Cooperation Agreement — Fire Protection Services.'Denton - Page 2 of 7
The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to
serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her
designated substitute, shall devote sufficient time and attention to insure the performance of all
duties and obligations of the COUNTY under this Agreement and shall provide immediate and
direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the
COUNTY engaged in the performance of this Agreement for the mutual benefit of the
COUNTY and the AGENCY.
III.
PERFORMANCE OF SERVICE
The AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of the AGENCY under this Agreement and shall provide immediate and
direct supervision of the AGENCY's employees, agents, contractors, sub-contractors and/or
laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY
and the COUNTY.
IV.
COMPENSATION
The COUNTY agrees to pay to the AGENCY for the full performance of services as
provided in this Agreement the sum of TEN THOUSAND AND NO/100THS DOLLARS
($10,000.00), payable upon execution of this Agreement, and further agrees to pay the sum of
FOUR HUNDRED SEVENTY-FIVE AND NO DOLLARS ($475.00) per fire call in the
designated unincorporated areas of the COUNTY from October 1, 2012, to September 30, 2013.
The COUNTY anticipates the AGENCY to nin approximately 54 fire calls for a total funding of
$25,650.00 for fire calls. The total payments by the COUNTY to the AGENCY pursuant to this
Agreement are estimated to be $35,650.00. The COUNTY will malce no payment to the
AGENCY for service provided outside the agreed service district whether by Mutual Aid
Agreement or otherwise. The AGENCY understands and agrees that payment by the COUNTY
to the AGENCY shall be made in accordance with the normal and customary processes and
business procedures of the COUNTY and in conformance with applicable state law.
V.
FINANCIAL RECORDS
The AGENCY agrees to malce its financial records available for audit and/or review by
the COUNTY, upon request by the COUNTY.
2012 — 2013 Interlocal Cooperation Agreement — Fire Protection Services.'Denton - Page 3 of 7
VI.
RESPONSIBILITY OF THE COUNTY
The COUNTY, to the extent permitted by law, shall be responsible for the acts,
negligence and omissions of all officers, employees and agents of the COUNTY who are
engaged in the performance of this Agreement.
VII.
RESPONSIBILITY OF THE AGENCY
The AGENCY, to the extent permitted by law, shall be responsible for the acts,
negligence and omissions of all officers, employees and agents of the AGENCY who are
engaged in the performance of this Agreement.
VIII.
APPLICABLE LAW
The COUNTY and the AGENCY understand and agree that liability under this contract
is governed by the Texas Government Code, Chapter 791 and the Texas Local Government
Code, Chapter 352. This Agreement is made in contemplation of the applicability of these laws
to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be
bound by the above mentioned stat�ites as they exist as of the date of this Agreement.
IX.
DEFAULT
In the event of default of any of the covenants herein contained, this Agreement may be
terminated at the discretion of the non-defaulting party if such default continues for a period of
ten (10) days after notice to the other party in writing of such default and the intent to terminate
this Agreement due to the default. Unless the default is cured, this Agreement shall terminate.
X.
TERMINATION
This Agreement may be terminated any time, by either the COUNTY or the AGENCY
by giving sixty (60) days advance written notice to the other party. In the event of termination by
either party, the AGENCY shall be compensated pro rata for all services performed to the
termination date together with reimbursable expenses then due as authorized by this Agreement.
In the event of such termination, should the AGENCY be overcompensated on a pro rata basis
for all services performed to the termination date and/or be overcompensated reimbursable
expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation.
2012 — 2013 Interlocal Cooperation Agreement — Fire Protection Services.'Denton - Page 4 of 7
Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise
arise out of this Agreement.
XI.
GOVERNMENTAL IMMUNITY
The fact that the COUNTY and the AGENCY accept certain responsibilities relating to
the rendition of fire protection services under this Agreement as part of their responsibility for
providing protection for the public health malces it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of governmental
immunity shall be, and it is hereby, involced to the extent permitted by law. Neither the
AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity
or defense that would otherwise be available to it against claims arising from the exercise of
government powers and functions.
XII.
ENTIRE AGREEMENT
This Agreement represents the entire Agreement between the COUNTY and the
AGENCY and supersedes all prior negotiations representations and Agreements, either written
or oral. This Agreement may be amended only by written instniment signed by both parties.
XIII.
LAW OF CONTRACT
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties heretq shall be governed by the laws of the State of Texas. The venue for any dispute, or
matter, arising under this Agreement shall lie in Denton County, Texas.
XIV.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the fullest extent possible.
XV.
AUTHORITY
The undersigned officer or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties.
2012 — 2013 Interlocal Cooperation Agreement — Fire Protection Services.'Denton - Page � of 7
XVL
SERVICE AREA
Acceptance of this Agreement constitutes approval of the service area set out in attached
Exhibit ��A��
EXECUTED in triplicate originals on the dates set forth below.
COUNTY AGENCY
Denton County, Texas City of Denton
1 IO West Hickory Street, 2nd Floor 332 E. Hickory St.
Denton, Texas 76201 Denton, Texas 7b201
By By
Mary Horn Name
Denton County Judge Title
Acting on behalf of and by ; Acting on behalf of and by the
the authority of Denton County authority of the City of Denton
Commissioners Court of
Denton County, Texas.
DATED: DATED:
ATTEST: ATTEST:
BY: BY:
Denton County Clerk City Secretary
APPROVED AS TO CONTENT:
BY:
benton County Fire Marshal
APPROVED AS TO FORM: APPROVED AS TO FORM:
BY: BY:
��iL��!�' �
Assistant District Attorney �City Attorney
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $ to
accomplish and pay the obligation of Denton County urider this Contract/Agreement.
James Wells, Denton County Auditor
2012 — 2013 Interlocal Cooperation Agreement— Fire Protection Services/Denton - Page 6 of 7
2012 2013 Interlocal Cooperation Agreement Fire Protection Services/Denton - Page 7 of 7
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2013
DEPARTMENT: Fire
ACM: Jon Fortune �
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the
City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and
Denton County for Ambulance Services; and declaring an effective date.
BACKGROUND
The interlocal agreement for ambulance service between the City of Denton and Denton County
began in 1980 and provides for emergency medical service to Denton County within the
designated area (see map in agreement). Each year a new agreement and ordinance is presented
to the Denton City Council for the next fiscal year approving the fee the County will pay to the
City of Denton for service using a County-wide funding formula based on population served,
number of ambulance calls in the County area and the niral square miles in the County. The
population and mileage figures used are based on numbers obtained from the North Central
Texas Council of Governments.
This ongoing interlocal agreement is often delayed in the County's legal approval process, which
also includes review by the Denton County Fire Chiefs Association as well as approval by the
Commissioners Court as part of their budget process. After the City of Denton signs the
agreement, the County Commissioners talce their official action. Even though the contract is
approved after its starting date, the agreement still remains effective from October 1, 2012 with
no reductions in revenues.
The total estimated fee of $116,187.00 is the City of Denton's share for 2012/2013 based on the
following estimated ratios:
1. A fixed readiness sum based on $0.5085 per capita for an estimated maximum amount of
$620,318.65.
2. A fixed sum of $240.8809 per ambulance nin estimated to be 175 nins for an estimated
maximum amount of $42,154.16. This sum is based upon the number of nins made in the
County areas for fiscal year 2012.
3. A fixed sum based on 20.32 niral miles in the agreed operating territory for an estimated
maximum amount of $13,714.33.
Table 1
OPTIONS
Approve ordinance amendment or deny ordinance amendment.
RECOMMENDATION
Staff recommends the adoption of the proposed ordinance and agreement.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Staff presented a review of ongoing costs to deliver fire department services to the County in its
budget process for FY2012/2013. Currently, there are no negotiations between the City and
County on the provisions of the contract since the Commissioner's Court determines the annual
contract amount.
The previous County Ambulance funding contract was approved by the City Council on
Febniary 7, 2012.
FISCAL INFORMATION
The estimated ambulance fee for 2012/2013 from the County is $116,187.00 which is a 7.2%
decrease from the last contract amount of $125,166.57 for fiscal year 2011/2012.
EXHIBITS
Ordinance
Agreement
Respectfully submitted:
/��'�� �
__-�_---
Ross Chadwicic
Fire Chief
Z:\OtdinancesUl\ambulance agreeMent county.docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN 1NTERLOCAL COOFERATION
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the Gity of Denton hereby approves an Interlocal'
Cooperation Agreement between the City of Denton and Denton County for ambulance services,
a copy of which is attached hereto and incorporated by reference herein. The City Manager, or
his designee, is hereby authorized to execute this Interlocal Cooperation Agreement on behalf of
the City.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval:
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
r
BY: _ o
MARK A, BURROUGHS, MAYOR
THE COUNTY OF DENTON
STATE OF TEXAS
§
§ CITY OF DENTON
§ AMBULANCE SERVICES
§
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
THIS AGREEMENT, which has an effective date of October 1, 2012, is made and
entered into by and between Denton County a political subdivision of the State of Texas,
hereinafter referred to as "the COUNTY," and the City of Denton, a municipal corporation,
located in Denton County, Texas, hereinafter referred to as "the AGENCY".
WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas
engaged in the administration of county government and related services for the benefit of the
citizens of Denton County; and
WHEREAS, the AGENCY is a municipal corporation, duly organized and operating
under the laws of the State of Texas and engaged in the provision of ambulance services and
related services for the benefit of the citizens of the City of Denton; and
WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and
other equipment designed for the transportation of persons who are sicic, infirmed or injured and
has in its employ trained personnel whose duties are related to the treatment of said individuals
and the use of such vehicles and equipment; and
WHEREAS, the COUNTY desires to obtain emergency ambulance and related services
for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY
which the AGENCY is capable of providing; and
WHEREAS, the provision of emergency ambulance and related services is a
governmental function that serves the public health and welfare and is of mutual concern to both
the COUNTY and the AGENCY; and
WHEREAS, the COUNTY desires to expend County funds to defray the expense of
establishing, operating and maintaining emergency ambulance services in the County; and
WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and
contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health
and Safety Code, Section 774.003, and
2012-2013 Interlocal Cooperaiion Agreement-atnbulance Services.'Denton - Page 1 of 8
NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual
promises, covenants, and Agreements stated herein, agree as follows:
�Y�1:7►1I
The term of this Agreement shall be for the period beginning of October 1, 2012, and
ending on September 30, 2013.
II.
DEFINITIONS
As used herein, the words and phrases hereinafter set forth shall have the meanings as
follows:
A. "Emergency" shall mean any circumstance that calls for immediate action and in
which the element of time in transporting the sicic, wounded or injured for
medical treatment is essential to the health or life of a person or persons. Whether
an emergency, in fact, exists is solely up to the discretion of the AGENCY. For
dispatch purposes only, "emergency" shall include, but not be limited to:
1. The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of the AGENCY to a place where
emergency medical treatment may be obtained; or
2. The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of the AGENCY to the closest medical
facility.
B. "Rural area" means any area within the boundaries of the COUNTY, but outside
the corporate limits of all incorporated cities, towns and villages within the
COUNTY.
C. "Urban area" means any area within the corporate limits of an incorporated city,
town or village within the COUNTY.
D. "Emergency ambulance call" means a response to a request for ambulance service
by the personnel of the AGENCY in a situation involving an emergency, as
defined above, by an ambulance vehicle. A single response to a call may involve
the transportation of more than one person at a time, but shall be considered as
only one call.
III.
SERVICES
The services to be rendered under this Agreement by the AGENCY are the ambulance
services normally rendered by the AGENCY to citizens of City of Denton in circumstances of
emergency, but which services will now be extended to all citizens of the COUNTY residing in
2012-2013 Interlocal Cooperaiion Agreement-atnbulance Services.'Denton - Page 2 of 8
the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the
AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth
in "Exhibit A," attached hereto and incorporated herein by reference.
It is recognized that the officers and employees of the AGENCY have the duty and
responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY.
In the performance of these duties and responsibilities, it shall be within the sole responsibility
and discretion of the officers and employees of the AGENCY to determine priorities in the
dispatching and use of such equipment and personnel and the judgment of the officer or
employee shall be final.
The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to
serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her
designated substitute, shall devote sufficient time and attention to insure the performance of all
duties and obligations of the COUNTY under this Agreement and shall provide for the
immediate and direct supervision of employees, agents, contractors, sub-contractors and/or
laborers of the COUNTY engaged in the performance of this Agreement.
IV.
PERFORMANCE OF SERVICES
The AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of the AGENCY under this Agreement and shall provide immediate and
direct supervision of the AGENCY's employees, agents, contractors, sub-contractors and/or
laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY
and the COUNTY.
V.
COMPENSATION
COUNTY agrees to pay to the AGENCY an estimated fee of $116,187.00 (rounded to
the nearest dollar) based on a funding formula as follows:
1. A fixed sum based on a population percentage .5085 per capita; said sum
computes to $60,318.65.
2. A fixed sum of $240.8809 per ambulance transport for an estimated maximum
amount of $42,154.16. Said sum is based upon 175 transports made by the
AGENCY in fiscal year 2012.
3. A fixed sum based on 20.32 niral miles in the agreed operating territory; said sum
computes to $13,714.33.
2012-2013 Interlocal Cooperaiion Agreement-atnbulance Services.'Denton - Page 3 of 8
The first and third sums are based upon population and mileage figtires obtained from the North
Central Texas Council of Governments. The second sum is based upon the definition of an
"ambulance call" for purposes of this Agreement. Payment shall not be allowed for any instance
in which a patient is not transported. Consistent with the reporting procedures described below,
the AGENCY shall receive payment for transporting the patient regardless of the service
delivery area in which the call originated.
Requests for payment shall be submitted on the standardized ambulance transportation
reporting form approved and provided by the COUNTY. It shall be the responsibility of the
AGENCY to fully complete the forms and to provide complete and accurate patient information.
Requests for payment shall be submitted within five (5) days of the performance of service by
the AGENCY. Requests not timely submitted shall not be considered for payment. Requests
for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone
linlc to the office of the Denton County Fire Marshal. The date of submission shall be the date
the fully documented request is received in said office.
VI.
FINANCIAL RECORDS
The AGENCY agrees to malce its financial records available for audit and/or review by
the COUNTY, upon request by the COUNTY.
VII.
RESPONSIBILITY OF THE COUNTY
The COUNTY, to the extent permitted by law, shall be responsible for the acts,
omissions and negligence of all officers, employees and agents of the COUNTY who are
engaged in the performance of this Agreement.
VIII.
RESPONSIBILITY OF THE AGENCY
The AGENCY, to the extent permitted by law, shall be responsible for the acts,
omissionsand negligence of all officers, employees and agents of the AGENCY who are
engaged in the performance of this Agreement.
IX.
APPLICABLE LAW
The COUNTY and the AGENCY understand and agree that liability under this contract
is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code,
Section 774.003. This Agreement is made in contemplation of the applicability of these laws to
2012-2013 Interlocal Cooperaiion Agreement-atnbulance Services.'Denton - Page 4 of 8
the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound
by the above mentioned statutes as they exist as of the date of this Agreement.
X.
DEFAULT
In the event of default of any of the covenants herein contained, this Agreement may be
terminated at the discretion of the non-defaulting party if such default continues for a period of
ten (10) days after notice to the other party in writing of such default and the intent to terminate
this Agreement due to the default. Unless the default is cured, this Agreement shall terminate.
XI.
TERMINATION
This Agreement may be terminated at any time by either the COUNTY or the AGENCY
by giving sixty (60) days advance written notice to the other party. In the event of termination
by either party, the AGENCY shall be compensated pro rata for all services performed to
termination date together with reimbursable expenses then due as authorized by this Agreement.
In the event of such termination, should the AGENCY be overcompensated on a pro rata basis
for all services performed to the termination date and/or be overcompensated for reimbursable
expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation.
Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise
arise out of this Agreement.
XII.
GOVERNMENTAL IMMUNITY
The fact that the COUNTY and the AGENCY accept certain responsibilities relating to
the rendering of ambulance services under this Agreement as a part of their responsibility for
providing protection for the public health malces it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of governmental
immunity shall be, and is hereby, involced to the extent permitted under the law. Neither the
AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity
or defense that would otherwise be available to it against claims arising from the exercise of
governmental powers and functions.
2012-2013 Interlocal Cooperaiion Agreement-atnbulance Services.'Denton - Page � of 8
XIII.
ENTIRE AGREEMENT
This Agreement represents the entire Agreement between the COUNTY and the
AGENCY and supersedes all prior negotiations, representations and Agreements, either written
or oral. This Agreement may be amended only by written instniment signed by both parties.
XIV.
LAW OF CONTRACT
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties heretq shall be governed by the laws of the State of Texas. The venue for any dispute, or
matter, arising under this Agreement shall lie in Denton County, Texas.
XV.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions of this Agreement shall remain valid
and in full force and effect to the fullest extent possible.
XVI.
AUTHORITY
The undersigned officer or agents of the parties are the properly authorized officials and
have the necessary authority to execute this Agreement on behalf of the Parties.
XVII.
SERVICE AREA
Acceptance of this Agreement constitutes approval of the service area set out in attached
Exhibit "A".
EXECUTED in triplicate originals on the dates set forth below.
COUNTY:
Denton County, Texas
110 West Hicicory Street, 2"a Floor
Denton, Texas 76201
I�
Mary Horn
Denton County Judge
AGENCY:
City of Denton
332 E. Hicicory St.
Denton, Texas 76201
By _
Name
Title
2012-2013 Interlocal Cooperaiion Agreement-atnbulance Services.'Denton - Page 6 of 8
Acting on behalf of and by Acting on behalf of and by the
the authority of Denton County authority of the City of Denton
Commissioners Court of
Denton County, Texas.
DATED: DATED:
ATTEST: ATTEST:
BY: BY:
Denton County Clerk City Secretary
APPROVED AS TO CONTENT:
B Y:
Denton County Fire Marshal
APPROVED AS TO FORM: APPROVED AS TO FORM:
,� �` �
BY: BY: sl.._.--
Assistant District Attorney City Attorney
�
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $ to
accomplish and pay the obligation of Denton County under this Agreement.
James Wells, Denton County Auditor
2012-2013 Intedocal Cooperation Agreement-Ambulance Services/Denton - Page 7 of 8
2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 8 of 8
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2013
DEPARTMENT: Finance
ACM: Bryan Langley ,��L
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas, authorizing the City Manager
or his designee to enter into an Interlocal Agreement with Denton County, to provide for
participation in the Scofflaw program; providing a savings clause and providing an effective
date.
BACKGROUND
Senate Bill 1836 was approved in 2011 to allow municipalities to worlc with the Texas
Department of Motor Vehicles (TxDMV) to collect unpaid municipal fines. More commonly
lcnown as City Scofflaw, this program allows a county tax assessor-collector to refuse to register
a motor vehicle due to unpaid warrant, failure to appear, or failure to pay a fine on a complaint
that involves the violation of a traffic law.
This partnership would allow the City of Denton to have another means of collecting unpaid
municipal fines. Other Denton County cities participating in the Scofflaw program include
Corinth and Lewisville.
If a vehicle license is flagged for unpaid municipal fines, the registrant would have the option of
paying the municipal fine in full at a lcioslc provided at the Denton County Tax Office, or in
person at the City of Denton. Once the municipal fine is paid, the registrant is cleared to renew
their vehicle registration.
The City must enter into an agreement with both the TxDMV and the Denton County Tax Office
to participate in the Scofflaw program.
RECOMMENDATION
Staff recommends adoption of this ordinance.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The City Council approved the Scofflaw program to be applied to the red light camera
enforcement program on September 18, 2012.
Agenda Information Sheet
January 8, 2013
Page 2
FISCAL INFORMATION
The City of Denton must keep an escrow account of $500 with the TxDMV for processing
Scofflaw cases. This escrow will be used to fund monthly file transmission of $23 per batch and
$0.12 per case. Total cost is estimated at $1,356 based on 750 warrants per month.
There is also a flat-fee (based on population) for Denton County Tax Office to administer the
program of $2,000. Additionally, there are initial set-up options with the Municipal Court
software program, Incode, to allow the court to send the cases to TxDMV of approximately
$5,300. Total costs for the program in the first year are estimated at $8,656. However, these
costs are expected to be offset with additional fine revenue related to the implementation of the
Scofflaw program.
EXHBITS
1. Ordinance
Respectfully Submitted By:
- , � � �� ,
N'r ,q ��.y t'..�a:., r� � �.,', f.t�.rA,i.
Michelle McCallum
Budget and Municipal Court
Manager
s:\legal\our documents\ordinances\13\denton co tax-scofflaw.docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ENTER 1NT0 AN INTERLOCAL AGREEMENT
WITH DENTON COUNTY, TO PROVIDE FOR PARTICIPATION IN THE SCOFFLAW
PROGRAM; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Senate Bill 1836 was approved in 2011 to allow municipalities to worlc with
the Texas Department of Motor Vehicles (TxDMV) to collect unpaid municipal fines; and
WHEREAS, the City of Denton (the "City") and Denton County (the "County") desire to
enter into an Interlocal Agreement (Interlocal Agreement), more commonly lcnown as City
Scofflaw, wherein the County Tax Assessor-Collector will refuse to register a motor vehicle due
to unpaid warrant, failure to appear, or failure to pay a fine on a complaint that involves the
violation of a traffic law; and
WHEREAS, this partnership would allow the City to have another means of collecting
unpaid municipal fines; and
WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAlNS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference,
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Agreement on behalf of the City with the County. The City Manager is hereby
authorized to carry out the rights and duties of the City under the Interlocal Agreement, which is
attached hereto and made a part hereof.
SECTION 3. That if any section, subsections, paragraph, sentence, clause, phrase, or
word in this ordinance, or application thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such validity.
SECTION 4, This ordinance shall become effective immediately upon its passage and
approval,
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
s:\legal\our documents\ordinances\13\denton co tax-scofflaw.docx
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
� -.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� ,-----�--- �� �
� P� J
BY: .�'' ,� -' , .� ,�
,,, �
f, , , �
Page 7
s:Uegal\our documents\contracts\13\denton co tax - scofflaw.docx
STATE OF TEXAS §
§ INTERLOCAL AGREEMENT
COUNTY OF DENTON §
This Agreement made and entered into by and between the County of Denton, hereinafter
referred to as '°County", with tlie agreeinent, consent, and participation of the Denton County Tax
Assessor-Collector, hereinafter referred to as the "County or County Tax Assessor-Collector",
and the City of Denton, a Texas home-rule municipal corporation hereinafter referred to as
"City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in
Chapter 791, Texas Government Code, and as authorized by Texas Transportation Code, Chapter
702.
WITNESSETH:
WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the
state to enter into contracts for governmental functions and services to increase their efficiency
and effectiveness; and
WHEREAS, the County and the City are local governments as defined in Texas
Government Code, Section 79'1.003(4), have the authority to enter into this agreement, and have
each entered into this agreement by the action of its governing body in the appropriate manner
prescribed by law; and
WHEREAS, Transportation Code §702.003 allows a county tax assessor-collector, upon
receipt of• information from a.- municipality .by and through the Texas �e�artxn.ent of Motor
Vehicles (hereinafter "Departmeni") motor vehicle registration system, to assist a municipality in
the enforcement of outstanding warrants of arrest for the failure to appear or failure to pay a fine
on a complair�t that invol�ves the violation of a traffic of�ense-�by refusing-to.:registe�. or re-r.egistex
a motor vefiicle; and ._
WHEREAS, Transportation Code §702.003 further allows a municipality to contract to
provide the necessary information to the Department for the above determination by the county
tax assessor-collector t� deny motor vehicle registration ot° re-registration to certain persons; and
WHEREAS, Transportation Code § 707,017 allows a county assessor-collector to refuse
to register a motor vehicle alleged to have been involved in a violation of Chapter 707 of the
Transportation Code where the owner of the motor vehicle is delinquent in the payment of a civil
penalty imposed under Chapter 707; and
WHEREAS, such a consolidated effort in the effectuation of Texas Transportation Code
Chapters 702 and 707, is in each party's best interest and that of the public and that this
agreement will increase the effective and<efficient functionin� of eac�. p.art:y,;, and:
WHEREAS9 both the City and County represent to one another that each respective
party has the authority to enter into this agreement and perform the obligations and duties stated
herein; and
s:\lega(\our documents\contracts\13\denton co tax - scoffla�v.docx
WHEREAS, the County and the City specify that each party paying for the performance
of said functions of government shall make those payments from current funds available to the
paying p�y.
NOW, THEREFORE, this contract is made and entered into by County and City in
consideration of the aforementioned recitals and for the mutual consideration stated herein ("the
Agreement"):
1, PURPOSE OF AGREEMENT
The purpose of the Agreement is to state the terms and conditions under which the
County Tax Assessor-Collector will refuse to register or re-register certain� motor vehicles when
the County Tax Assessor-Collector receives information from the Texas Department of Motor
Vehicles motor vehicle registration system that the owner of the vehicle has an outstanding
warrant from the City for failure to appear or failure to pay a fine on a complaint that involves a
violation of a traffic law, as defined by section 702.001 of the Transportation Code, as authorized
and specifically set out under section 702.003 of the Texas Transportation Code, and/or the
registered vehicle owner owes the City money for a civil penalty imposed ,under Chapter 707 of
the Texas Transportation Code ihat is past due, as authorized and specifically set out under
section 707.017 of the Texas Transportation Code.
2. DUTIES OF THE CITI'
2.1 City shall enter into the attached Interlocal Agreement with the Department to
transmit all necessary vehicle information received from the City to the Department which will
enable the Department to flag eligible vehicle records in the Department motor vehicle
registration system so that the County may withhold registration pursuant to the Agreement.
2.2 The City shall notify the Department within fifteen (15) days when a traffic law
matter is cleared regarding a person:
2.2.1 Against whom a judgment has been entered and who has paid the
municipal court the full amount of the fine or civil penalty and all court
costs; or
2.2,2 Who has perfected an appeal of the case for which the axrest warrant was
issued; or
2.2.3 Whose charge for which the arrest warrant was issued has been dismissed;
or
2.2.4 Whose charge for which the arrest warrant was issued has been cleared
�}
through judicial action or clerical correction.
2.3 The City shall provide owners cleared for registration with a"cleared" receipt that
may be presented by the owner to the County Tax Assessor-Collector. The content, form and
layout of the receipt shall be provided by the County Tax Assessor-Collector. Written
instructions shall be included on the receipt directing the cleared owner to maintain it for 30
Page �2
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days. The receipt form must be approved by the County Tax-Assessor Collector prior to use by
the City. City shall enable the generation of the County-approved receipt through its online
payment system as well.
2.4. City shall designate the Director of Technology Services to aid County in providing
kiosk access to City's online payment system.
2,5 The City shall provide County with court names, addresses, phone numbers, and
other contact information necessary for County to prepare an information sheet for distribution to
flagged motor vehicle owners.
2.6 City shall be solely responsible for placing or clearing registration flags. The City
shall be solely liable for any damages that arise out of any registration or refusal to register
vehicles based on the absence or appearance of registration flags.
2.7 The City has the sole discretion to flag vehicle records. However, the City shall only
flag vehicle records that involve a violation of a"traffic law", as defined by section 702.001 of
the Texas Transportation Code.
2.8 The City shall enter into the attached and included Interlocal Agreement with the
Department to (included herein as Exhibit A).
3. DUTIES OF THE COUNTY
3.1 The County Tax Assessor-Collector shall:
3,1.1 Review the Department motor vehicle registration system for traffic
�io�a�ion �lags�-fo� a�l�� int�i�iidtzals who- att��npt ta r�gister �any v�hicle.
3.1.2 Refuse io register or re-register all motor vehicles which are flagged in the
Department of motor vehicle registration system as having outstanding
City warrants for traffic violations, unless the receipt described in Section
2.3 is presented.
3.1.3 Distribute the instruction sheet provided for in Section 2,5 to flagged
motor .v�hicle, ownexs that. will. explain the st.eps necessary to resolve their
outstanding traffic violations, including any Court fines and fees and to
obtain vehicle registration, and a map showing directions to the Municipal
Court, if said instructions and map are furnish�d by the City.
3.1.4 Provide flagged owners with access to a computer terminal at the Tax
Off���,that �s-linl�ed�•to-the,City<'..s o.nline..�,ayment system�.. .
3.1.5 Provide owners who pay online via the Tax Office terminal with printouts
of any clearance receipts generated by the City's online payment system.
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3.2 The County Tax Assessor-Collector shall at any time have the sole authority and
prerogative to register or re-register a motor vehicle
4. TERM AND TERMINATION
Th'is Interlocal Agreement shall be effective upon execution by the last party to execute
the Agreement and shall terminate one year from that date. The agreement shall automatically
renew for successive one-year terms. This agreement may be terminated at any time by either
party upon sixty (60) days written notice to the other parties,
5, CONSIDERATION
The cost of terminals provided by County shall be divided between the participating
cities based on population as provided in Exhibit B,
The County Tax Assessor-Collector's duties under this Agreement are contingent upon
the prior receipt flf $2,000 from the City of Denton.
City shall malce payment under• this Agreement to:
James Wells
Dentori County Auditor
401.. W. Hickory
Denton, Texas 76201-9026
6. NOTICE
Official notiee shall be by writt�n �notic� ar�d , deli���ry � to . al�. .of the., parties to this
Agreement. Delivery shall be by fax or deposit in the United States Postal Service, first class,
return receipt requested to:
7.
TO THE COUNTY TAX
ASSESSOR�COLLECTOR:
TO THE CITY:
INDE,1kI�?LFL�'ATI ON
Steve Mossman
Denton County Tax Assessor/Collector
1505_ E. McKinney St.
De�ton,.Texas 76209-4525
The City of Denton
215 E. McKinney St.
Denton, Texas 76201
County and City agree that both County and City shall each be responsible for their
own negligent acts or omissions or other tortious conduct in the course of performance of
this Agreement, without waiving any sovereign or governmental immunity available to
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either County or City under Texas law and without waiving any available defenses under
Texas law. Nothing in this paragraph shall be construed to create or grant any rights,
contractual or otherwise, in or to any third persons or entities.
8. FISCAL FUNDING
Notwithstanding anything to the contrary herein, this Agreement is expressly contingent
upon the availability of County funding for each item and obligation contained herein. City shall
have no right of action against the County as regards this Agreement, specifically including any
funding by County of this Agreement in the event that the County is unable to fulfill its
obligations under this Agreement as a result of the lacic of sufficient funding for any item or
obligation from any source utilized to fund this Agreement or failure of any funding party to
budget or authorize funding for this Agreement during the current or future fiscal years. In the
event of insufficient funding, or if funds become unavailable in whole or part, the County, at its
sole discretion, may provide funds from a separate source or terminate this Agreement. In the
event that payments or expenditures are made, they shall be made from current funds as required
by Chapter 791, Texas Government Code.
Notwithstanding anything to the contrary herein, this Agreement is expressly contingent
upon the availability of City funding for each item and obligation contained herein. County shall
have no right of action against the City as regards this Agreement, specifically including any
funding by City of tl�us Agreement in the event that the City is unable to fulfill its obligations
under this Agreement as a result of the lacic. of sufficient funding for any item or obligation from
any source utilized to fund this Agreement or failure of any funding party to budget or authorize
funding for this Agreement during the current or future fiscal years. In tl�e event. of insufficient
funding, or if funds become unavailable in whole or part, the City, as its sole discretion, may
provide funds from a separate source or terminate this Agreement. In the event that payments or
expenditures are made, they shall be mad� from�current funds as requ�ired�by� Chapt�r 791, Texas
Government Code.
9. VENUE
Venue to enforce this Agreement shall lie exclusively in Denton County, Texas.
10, NONDISCRIMINATYON
Parties to this Agreement shall not discriminate on the basis of race, color, national
origin, sex, relig�ion, age, disability, sexual orientation.
11. ENTIR� AGREEMEN'T
This Agreement constitutes.:the: et�tire agreement between the.:p�rties„her�ta, and.,may not
be modified except by an instrument in writing executed by the paz'ties hereto as herein provided.
12. SEVERABILITY
Page �5
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If any provision of this Agreement shall be held invalid, void or unenforceable, the
remaining provisions hereof shall not be affected or impaired, and such remaining provisions
shall remain in full force and effect.
13, DEFAULT/WAIVER/MITIGATION
It is not a waiver of default if the non-defaulting party fails to declare immediately a
default or delays in talcing any action. Pursuit of any remedies set forth in this Agreement does
not preclude pursuit of other remedies in this Agreement or provided by law.
14, FEDERAL OR STATE OF TEXAS FUNDING
In the event that any work or part thereof is funded by State of Texas or U. S.
Government funding and any statute, rule, regulation, grant, contract provision or other State of
Texas or U, S. Government law, rule, regulation or other provision imposes additional or greater
requirement(s) than stated herein, City agrees to timely comply therewith without additional cost
or expense to County.
15. HEADINGS.
The titles which are used following the number of each paragraph are only for
convenience in locating various provisions of this AGREEMENT and shall not be deemed to
aff�ct the interpretation or construction of such provision. .
16, NUMBER AND GENDER
Words of any gender used in this Agreement shall be held and construed to include any
other gender; and words in-th@ srngular� shall include the plural and,:�Tic�..,v�rsa,.ur�less the text
clearly requires otherwise.
17a COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
18. REll�EDIES.
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of by either
party to this Agreement and shall be cumulative.
190 APPROVAL �.
This agreement is expressly subject to and contingent upon formal approval by the
Denton Conunissioners Court and by resolution of the respective City CounciL
Page �6
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IN WITNESS WHEREOF this Agreement has been executed on behalf of the County of
Denton and the City of Denton in the mani�.er provided by law.
THE CITY OF DENTON
By:
George Campbell, City Manager
Date:
ATTESTo
Jennifer Walters, City Secretary
:
THE COUNTY OF DENTON
By:
Mary Horn, County Judge
Date:
RECOMMEND BY:
Steve Mossman, Tax Assessor/Collector
:
APPROVED AS TO LEGAL FORM: APPROVED AS TO FORM:
Anita Burgess, City Attorney Assistant District Attorney
� x
�
By: � , ,_ , � By:
//' '
Page �7
AGENDA INFORMATION SHEET
AGENDA DATE: January 8, 2013
DEPARTMENT: Finance
ACM: Bryan Langley �-��-
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas, authorizing the City Manager
or his designee to enter into an Interlocal Agreement with the Texas Department of Motor
Vehicles (TxDMV), to provide for participation in the Scofflaw program; providing a savings
clause and providing an effective date.
BACKGROUND
Senate Bill 1836 was approved in 2011 to allow municipalities to worlc with the Texas
Department of Motor Vehicles (TxDMV) to collect unpaid municipal fines. More commonly
lcnown as City Scofflaw, this program allows a county tax assessor-collector to refuse to register
a motor vehicle due to unpaid warrant, failure to appear, or failure to pay a fine on a complaint
that involves the violation of a traffic law.
This partnership would allow the City of Denton to have another means of collecting unpaid
municipal fines. Other Denton County cities participating in the Scofflaw program include
Corinth and Lewisville.
If a vehicle license is flagged for unpaid municipal fines, the registrant would have the option of
paying the municipal fine in full at a lcioslc provided at the Denton County Tax Office, or in
person at the City of Denton. Once the municipal fine is paid, the registrant is cleared to renew
their vehicle registration.
The City must enter into an agreement with both the TxDMV and the Denton County Tax Office
to participate in the Scofflaw program.
RECOMMENDATION
Staff recommends adoption of this ordinance.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The City Council approved the Scofflaw program to be applied to the red light camera
enforcement program on September 18, 2012.
Agenda Information Sheet
January 8, 2013
Page 2
FISCAL INFORMATION
The City of Denton must keep an escrow account of $500 with the TxDMV for processing
Scofflaw cases. This escrow will be used to fund monthly file transmission of $23 per batch and
$0.12 per case. Total cost is estimated at $1,356 based on 750 warrants per month.
There is also a flat-fee (based on population) for Denton County Tax Office to administer the
program of $2,000. Additionally, there are initial set-up options with the Municipal Court
software program, Incode, to allow the court to send the cases to TxDMV of approximately
$5,300. Total costs for the program in the first year are estimated at $8,656. However, these
costs are expected to be offset with additional fine revenue related to the implementation of the
Scofflaw program.
EXHBITS
1. Ordinance
Respectfully Submitted By:
�� �'r �.� �' � � t' � A1' d � �` !" r:� ',.�. � ���„_
Michelle McCallum
Budget and Municipal Court
Manager
s:\legal\our documents\ordinances\13�3-ord interlocal agreement scoffla�v dmv.docs
ORDINANCE NO.
CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES
(TXDMV), TO PROVIDE FOR PARTICIPATION IN THE SCOFFLAW PROGRAM;
PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council approved Ordinance 2012-243, allowing for the City to
enter into a Scofflaw agreement through the Texas Department of Motor Vehicles for red light
camera violations; and
WHEREAS, the City Council wishes to include unpaid municipal iines as applicable to
the Scofflaw agreement; and
WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2, The City Manager is hereby authorized to carry out the rights and duties of
the City under the Interlocal Agreement, which is attached hereto and made a part hereof,
SECTION 3. That if any section, subsections, paragraph, sentence, clause, phrase, or
word in this ordinance, or application thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such validity.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
C
s:\legal\our documents\ordinances\13�3-ord interlocal agreement scofflaw dmv.docx
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
1 �'r �
BY; � � , �,
� �
STATE 4� T�XAS
COUNTY OF'TRAViS
§�
§
tNT�RI.00AL AGREEMENT
TH(S CONit7ACT (s entered into by the Contracting f'arfies under Government Code, Chapter 799.
I. CONTRACTING PARTIES:
The Texas Department of Motor Vehfcles
Cit� of.Denton .
(TxiJM1n
(Local Government) �
11. PURP03�: Scofflaw Services contract for marking 7exas Mofor VehicIe Registration Reoords.
Ill. STAiEM�Ni OF SERVICES i0 BE P�RFORM�q: TxpMV will undertake and carry out services described
in Attachment A, Scope of Services. �
iV, CONTRAGi PAYNlENT: Contract pa}iment shail conform to the provlsions of Aftachment B, Budg�t.
V. TERM OF COIVTRACT: This contract begins when fully executed by both parties and termiriates �ve years
from the dafe this contract is executed by the state, or when othenvise terminated as provided in Aftachment C,
Aiticle S of ihis Agreement.
VI. i.EGAL AUTHCIRITY: �
7'HE PARTIES certify that the services provided under this contrac# are services thai are properiy within the
legal auEhority of fhe Contracfing Parties.
TxDMV further certifies that it has the authority io pertorm the services_ by authority granted in Section 702.003
and In Section 707.017 af the Texas Transportation Code. .
The governing body, by resolution or ordinance, � dated 9� L 8� 12 , has authorized the' Local
Government to obtain the services described in Atiachment A. •�
ihls confract incorparates the pravisions of Att�chment A, Scope of Services, Aftachmenf �, Budget,
Attachmeni C, Gen�ral ierms and Conditions, Attachmenf �D, Resolution or Ordinance; Aftachment E,
Contaat Informafion, •and Attachment F, Account fnformation. .
; City of Denton� � (Name of l�ocal Governmenf)
BY �tt��'1 � t � V' pate �d °�. l
AUTHQR(ZEp IG AT RE '
� George Campbell
' TYPED OR PRINTED NAME ANb T!'iL� _
Tlfle City Manager
. FOR TH� 3TAi� OF TEXAS , � .•
. ,. Executed for the Executive Director and approved by the Texas Department of Motor Vehicies Board for the
- purpose and effect of actfvafing ar�dlor carrying out the orders, established policies or work programs heretofore
. approved d auth � ized by h%xa Department of Motnr Vehicles�Board. �
By : ' �ate /D " 2 � f�,
andy E o _ �, , . .
Direct ehicfe iities ar�d Reglstration Division '' �
� Tex.as epar#ment of Motor Vehicles �.
City Scofflaw
Pega 1 of 7
�
Revised 08/15/2011
ATTACHM�NT A
3cope a# Services
TxDMV will: ' .
1. �n initial probes (inquiries) of data submissions receJved irom the iacai governm�nt, generate
an output fite containing matching (icense piates. If na vehicle record is found,. such factua! �
information will be indicated on the output fAe fog�ther with the input data, Input and output files �
will be returned to the Ltical Governmeni after completion of ihe computer run. �
�� • Place "ffags" on vehfcle records bas�d on data submissions received from Loca) Government
containing "flag" request codes, :
i � �
�' 2. Remove "flags" from vehicle records �based on data submissions received� from I�ocai
' � -G�vernment containing "clear" request codes.
I
Local Governmenf shalf: � .
1. Provide da#a submissions to Tx(3MV in acaordance wifh TxQMV specifications for comput�r run
of•initiaf probes (inquiry), flags (marking) af v�hicle records �nd clears (removal} of flags, Due to
chang�ng technalogy, fhese speciflcations will be distributed by TxDMV to the (ocai gavernmenfs �
. on Sepiemb�r 1 St o� every year. � . , ;
2. Submit an application to establish the method of payment {see Attachment F}, and esfablish an �
acc�un# prior io submitting inquiries. �
CIty Scofflaw page 2 of 7 � ' ' Revised 08/15/20�f 1
�
I
:S �
ATTACHMENi B
Budget
Fees for file submission and transactfons �hall be submitted to TxDMV in accordance with 43 TAC
Ghapter���%`.•:y�', . . . . ,
Paymenfs shall be submitted to the following �ddr�ss:
Texas Department of Motor Ve�icles
Administrative Services'Division
PO Box 502� � �
Ausfin; TX 78763-56Z0 .
A. If the Local Government chooses to establrsh a"Pay �n Demand" account, the applicable payment
of fi�es must be made each time a request to probe (search/inquiry), place or remove "flags" from
motor vehicle records is Subtt�itted to�TxDMV. An accounf wi11 be opened to hold the $500.00 (�r
greater) iniiial deposit. � � '
Be As an altemative, if the Local Government chooses ta esfablish a non-interes# bearing escrow
"Prepaid Account" with TxDMV, �upon •agr�ement between the Locai Gavernment, TxC}MV• and
payment of applica�le fees, as described �elflw, TxDMV will esfablish an accounf in the name of
the Locat Gnvernment. Charges shall be deducted from the escrow account until the ba(ance of
that accaunt reaches, the minimum required balance far th� Local Governmen#, as determined by
TxDMV and provided h�reind �
A cieposit of.at•least $6p0.00 �hatl be maintained in'a pon-inter�st bearing escrow account.
This,initial depostt is,.ta. cauer estimaied-service use; Th� eserow- accaunt shall be established with
TxDMV prior ta submission of pr�b�s (inquir'ies), or placing pr.r.emoving °flags° from mafor vehicle
records for the Local Government. Payment of the deposit shal! be made� by check or w�rrant, .
payable to the °Texas Department af Motor Vehicles" and is due upon executian of this contract.
�The $50"0.00 minimum balance, ta be maintained in #he escrow acaount, may increase depending
an estab(ished monthly usage by the Local Goverr�ment, This additional funding Is payable within
fifteen (95) days from r�ceipt of notification from TxDMV.
�An escrow accaunt balance sfatement wili be pravided by TxDMV each time a probe or a request ta
place or remove "flags" fram motor�vehicle records is submitted, �� ' ..
Ifi the balance in the non-interest bearing escrow accvunt falls below ihe $50�.Qp minimum balance,
TxDMV may suspend processing probes, or placing or removing �"ffagsu from mofo� vehicfe records
� for the L.oca! Govecnmerii. un#il�-�uch #irne as � a deposit is� r�tad� by� th�� L.4c�l Gavernment, in an
amount sufficient to increase the balance in the escrow account #a the $500.00 minimum balanae.
�'f.'C✓,�������Cl'� �. ��0113��.L Oi� e .
Cfry Scofflaw � • Page 3 of 7 ��Revised 06/1SI2011
. A'fTACHM�NT C
Gen�ral Terms and Condltions
Article 10 Amendments � , . '
This contract may only be amended by written agreement executed by bofh parties before the confract
is terminate�, � �
Articte 2. Conflicts Betwesn Agreements ,
If the terms of. Ehis contract canflict with the terms of any other contract between the parties; the mosf
recent contract shail prevaii. � .
Arficle 3, Dlsputes � �
TxDMV will be responsiBie for fhe settlement of aii contractival and administrative issues.
Arficle 4. Ownership of Equipmen# � '
Except f� the extent that a specific provision of this contract states to the contrary, all equipment
purchased by TxDMV under this contract will be owned by TxQMV.
Article �5. Termination , '
This confraot may be terminated by mutuai written agreemen#, or 30 days after, either party gives notice
ta the other parfy, whichever occurs f�rst.
Article 6. Gratu{tles ' •
Any�person who is doing business wifh or who reasonably speaking may do business with TxDMV
under this contract may not make any offer of benefits, gifts, or favors to empioyees of TxDMV.
Article.7. Responsibfltties of the Parties .
Each parfy acf�nowl�dg�� that it is not an• agent; � servant; or employee of the oiher p�t�ty: Each party is
responsible fp� ifs own ac#s and deeds and for�those of its agents;'servants,�or employees,
Ar�icle 8. Compifance with Laws �
ihe parties shall comply with all federal; state, and fo�ai laws, statutes, ordinances, rul�s, and
regulations an� with the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreemenfi. �
Article 8. Signatory Warranty � �
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the enti�y represented. . �
Cify Scafflaw Page 4 af 7 . Revised 08/15/20� 1
.i
, ,,. , : . .
ATTACHMENT D
� � Resaluttan or Ordinance • . �
411 the 18 d�y of _ September , 2p 12 , the � Deneon City/Town
Cauncil passed Resolution �No, __ ,�o I��,aSf � _q_, hereinafter identi�ed by reference,
authorizfng the City's parfic+pation in the l�rogram. - �
Clty Scofflaw page 5 of 7 Revised 08/15/2011 �
i , , . y ,,
r
, � . ATTACMMENT E
� • Conf,act Information • �
Technrcal assistance regarding probes, placing and removing af "flags" from motar vehicle records or
information regarding paymenfs for your accounf may 6e obfained by contacting the Administrative
Services Div(sion, iechnology Sup�ort Branch, at (512} 465-759Q ar (512),:465-7950 (Monday fhrough
Friday 8:00 AM - 5:00 PM), .� �
Gity Scofflaw
,
0
Page 6 of 7
_ i
t
Revised q8/'(S/2011 '
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