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Agenda Packet TC 12/06/2004Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, December 6, 2004 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. A.3 Pledge of allegiance to the American Flag_ Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." A.4 Town of Trophy Club to accept an award for Innovative Use of Technology from the Texas Association of Information Technology Managers for the implementation of E - Government Initiatives. A.5 Workshop: Special Events Citizen Advisory Group to discuss current projects with Town Council and Residents. A.6 Workshop: Information Technology Citizen Advisory Group to discuss current projects with Town Council and Residents. A.7 Town Council to interview and take appropriate action by Resolution to appoint candidates for the Tree Board. A. Steven Kohs B. Rick Merrill A.8 Citizen presentations: this is an opportunity for citizens to address the Council on an matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. A.9 Staff to update Council on the progress of the addition to the Administration Building. A.10 Council/staff reports: this is an opportunity for Council and staff to provide brief updates on projects and to provide public service announcements. It is not a time for the expression of opinions, questions and answers, or discussion among staff and Council. Discussion is limited to whether Council desires to have a topic placed on a future agenda for future consideration. A.I I Planning & Zoning Commission call to order and announce a quorum. B.1 Joint Public Hearing - Planning & Zoning and Town Council to conduct a Joint Public Hearing relative to the following_ An application from Lakewood Clubs, Inc. for a Specific Use Permit to allow mixed beverages in restaurants by food and beverage certificate holders only, on a property located at 500 Trophy Club Drive, known as the Trophy Club Country Club, currently zoned CR - Commercial Recreation. (ASUP-04-003) B.2 Planning & Zoning Commission and Town Council to close Joint Public Hearing, C.1 Public Hearing: An application from Star of Texas Energy Services, Inc., for a Specific Use Permit to allow gas well drilling on a 1.5 acre tract of land referred to as "Pad 15H" located approximately 220 feet west of the Town's east Town limit line, and approximately 600 feet south of the Town's northeast Town limit line. C.2 Town Council to close Public Hearing and conduct a Joint Session with Planning _& Zoning Commission. C.3 Planning & Zoning Commission to conduct a Joint Session with the Town Council. CA Planning & Zoning Commission to discuss and take antironriate action regarding a recommendation to the Town Council relative to the following: An application from Lakewood Clubs, Inc. for a Specific Use Permit to allow mixed beverages in restaurants by food and beverage certificate holders only, on a property located at 500 Trophy Club Drive, known as the Trophy Club Country Club, currently zoned CR - Commercial Recreation. (ASUP-04-003) C.5 Planning & Zoning Commission and Town Council to close Joint Session. D.1 Discuss and take appropriate action regarding an anblication from Lakewood Clubs. Inc. for a Specific Use Permit to allow mixed beverages in restaurants by food and beverage certificate holders only, on a property located at 500 Trophy Club Drive, known as the Trophy Club Country Club, currently zoned CR - Commercial Recreation. (ASUP-04- 003 D.2 Discuss and take appropriate action regarding an application from Star of Texas Energy Services, Inc., for a Specific Use Permit to allow gas well drilling on a 1.5 acre tract of land referred to as "Pad 151-l", located approximately 220 feet west of the Town's east Town limit line. and aDDroximately 600 feet south of the Town's northeast Town limit line.(SUP 04-011) D.3 Presentation, discussion and appropriate action regarding a fence waiver request to the requirements set forth in Town Ordinance No. 2002-42 P&Z, Section 3 entitled "Fences", Subsection "B" entitled "Heightquirements", (1) pertaining specifically to the height of side yard fences and Subsection "C" entitled "Type of Fence and Construction", (12) pertaining specifically to construction materials for a property located at 16 Cimarron Drive, Lot 849 of Village West, Section "A". Applicant: Rodney Wagner (FW -04-016) DA Discuss and take appropriate action regarding approval of budgetary expense of $8,000 from Economic Development Corporation A to provide dugout covers at Independence Park. D.5 Consent Agenda: Discuss and take appropriate action to recognize by Proclamation, April 3, 2004 as the official Arbor Day for Trophy Club. D.6 Consent Agenda: Discuss and take appropriate action to approve Financials dated October 31. 2004. D.7 Consent Agenda: Discuss and take appropriate action to approve Minutes dated November 8, 2004. D.8 Consent Agenda: Discuss and take appropriate action to approve Minutes dated November 15, 2004. D.9 Consent Agenda: Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance No. 2003-18, and adopting new provisions appointing a presiding judge, alternate judges and a court clerk for the Trophy Club Municipal Court of Record No. 1. D.10 Consent Aizenda: Discuss and take annronriate action reLyardiniz a revision to naraizranh 8 entitled "Pooling", of the oil and ,gas mineral lease -non -drill site pooling agreement for the development of the Town's interest in Harmony Park by and between the Town and Star Of Texas Energy Services, Inc., a substantial copy of which is attached hereto; and authorizing the Mayor or his designee to execute necessary documents. D.I I Consent Agenda: Discuss and take appropriate action regarding a Resolution Authorizing the Town of Trophy Club to participate in the Texas Building and Procurement Commission Cooperative for the purchase of goods and services under state contracts. D.12 Additional information provided for Council. F.1 Adjourn. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.A.I Call to order and announce a quorum. (dc) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.A.2 Invocation. (dc) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." (dc) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.A.4 Town of Trophy Club to accept an award for Innovative Use of Technology from the Texas Association of Information Technology Managers for the implementation of E -Government Initiatives. EXPLANATION: The award is in recognition of Trophy Club's use of technology to improve resident access to services and provide tools to facilitate two-way resident communication. Among the initiatives being recognized are: • Online Access to Permanent Documents such as Agendas, Minutes, and Financials • Online Citizen Relationship Management, which allows residents to retrieve information and enter requests for service for over 150 different types of service online • E-mail News Subscription service to keep residents up-to-date on Town news & information • Online Surveys to encourage residents to share their opinions COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.A.7 Town Council to interview and take appropriate action by Resolution to appoint candidates for the Tree Board. A. Steven Kohs B. Rick Merrill EXPLANATION: Bonnie Jacobs resigned her seat on the Tree Board and the there was one additional existing open position on the Board. Steven Kohs, Rick Merrill, and Brian Schultz have each applied for the positions. The Tree Board would like to expand from five members to seven members so there could be additional openings in the future if an ordinance amendment is approved. (AA) Attachments: 1. Candidate Applications 2. Resolution Town of Trophy Club BOARD, CoMmISSION AND COMMITTEE APPLICAT[ON Please check the appropriate cornmlttee(s) 0 Econornic Development Corporation B 7 Public Safety Committee ❑ Friends of the Library Committee ❑ PubliG Walks Committee ❑ Information Technology— irk Tree Boa - Parks and Recreation Committee ❑ Utility Franchise Committee t:] " L3 Ways &Means GommiiteelEt7t;, A' t7 Planning and Zoning Commission '. " © Zoning Board of Adjustment U Public Relations Committee r Resume Required, —Additional Application Farm Required ;Jame: 9r;, vef►f F 1 � 5 E-mail: ,� Address: TPC) CL u � P 5 7� S Phone Marne . (Work): �11R How Lang.OTf$ ( ]� ��A Registered Voter? 0 Yes No Certificate Number: in i . (' Po ft'S S/e) .Ci�L a Qccupatian, irxperiencelf3iagrees Held? GC' ('.r 1D% r T� �:-- v jFxP-e-2IENCE5; J14 F_(-]2 E EE5 1 G� D ` es Why do you want to serve on this committee? � r41F} 5 S E 77 r R � EM f3E2 O Do you have any potential conflicts of interest? Al o Cao you have any related experience?F SS What do you feel you have to offer this committee? ram:. DrR r £� �T; t•`,P `ftu ''T"r3r Ate' n�i' gt� Pflrz¢ic3 { ��7 Df�r� ,1 6_5,)e, �j �i� C O!`*14i f C, as P2G/�SSraF•+AII4 ENi�we 6 TSE YALf/P5 COhllslllJ OAJ;�Y�J'+ENiIiRID ?>•'r2•f•iC fP�ti'i0,0, TEIiA� OPEN RECCRDSACi Tp��t yatilf�{�j G��6�P}ut�aTt�E W F} T � FFoRi�Nr7+a t�EN�F+f Tiff�dusNO�7+" fi (u i!i ViDa $W.C'alO"S g Itere{� p41b1C Notice to Applicants: Once submitted, information contained in and €nc u etl vn is PP record and must be released it a request is made. According to Government Code Section 552-624 each employee or official of a govblit access to body and each famer employee and official of a gaveMnlental body shall choose whether to allow prrt3[ic access to the information in the relates to the person's home address, home telephone number, e-mail address. custody of the governmental body that Each employee and official and each former employee and official shat[ state their choice to the Town SecrcarYs office. Please indicate with an X your decisions. Home Address f Home Phone Number mail Address Official Signature Date Submitted 3s€ q_'risia.1jEruarf 77, 2v-03 ALLOW PUBLIC ACCESS Yes No Yes No _fir Yes No __— F_N r.:D}5 Qfticial blame (Please Print) Received by Town of Trophy Club BOARD, COMMISSION AND ADVISORY GROUP APPLICATION Please check the appropriate Board, Commission, or Advisory Groups(s) Administration Advisory Group Public Safety Advisory Group Economic Development Corporation A Public Works Advisory Group ❑ Economic Development Corporation B avents Advisory Group LlFriends of the Library Advisory Group Tree Boa 0 Information Technology Advisory Group*' ❑ til' ranchise Advisory Group *' ❑ Parks and Recreation Advisory Group ❑ Ways & Means Advisory Group ❑ Planning and Zoning Commission *, — ❑ Zoning Board of Adjustment * Resume Required, ** Additional Application Form Required Name: 1 C -V 2Y'r'N E-mail: Y'l 'I'� • 0 °l Address: b r 111 P - How Long? "4rS Phone (Home): $1'1 `A' 1 VW1 {Work): 1-1 -I_ z5'� �✓� �—li Registered Voter? 11 Yes 14No Why do you want to serve on this grou ? 1,� A--.,,.c�s r,- , �-.! �-Q- Certificate Number_ Do you have any potential conflicts of interest? N p Do you have a related experience? 5 P` ��° �h�C Q ah y r r o J !� i2r � k. S %.-_ S t� rv\ 1--r=- M s d A+ N A- a_ What da you feel you have to offer this group? �o r o n �s v1 TEXAS OPEN RECORDS ACT Notice to Applicants: Once submitted, information contained in and included with this application is considered public record and must be released if a request is made. According to Government Code Section 552.624 each employee or official of a govemmental body and each former employee and official of a governmental body shall choose whether to allow public access to the information in the custody of the governmental body that relates to the person's home address, home telephone number, e-mail address. Each employee and official and each former employee and official shall state their choice to the Town Secretarys office. Please indicate with an X your decisions. ALLOW PUBLIC ACCESS Home Address Yes X No Home Phone Number Yes >c No E-mail Address Yes x No Official SignatureJ Official Name (Please Print) e Date Submitted f� f� 6 I Z Received by --L 5 - Al J i JJ ) J f List ReMsim,A : m f0, 2003 Copies gven b I1 E d J ! ) %7� G' I?, S DA-rE: ! I (-r 0�} r LIST: 1 � �- f C 4 - TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2004- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING TWO CITIZENS TO TWO (2) SEATS ON THE TREE BOARD FOR A TWO (2) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on Town Committees; and WHEREAS, there are five positions on the Tree Board, two of which are currently vacant; and WHEREAS, the two current vacancies are for the remainder of a two year term ending June 30, 2005; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council agrees that the following individuals are to be designated and are hereby duly appointed for the remainder of two (2) open two (2) year terms, expiring on June 30, 2005, in the capacity as set out herein: Tree Board 1) 2) Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 6th day of December 2004. Mayor Town of Trophy Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.A.8 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. (dc) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.A.9 Staff to update Council on the progress of the addition to the Administration Building. EXPLANATION: Roger Unger & Beth Ann Gregory to provide the Council with an update on the progress of the Administration Building addition. (bg) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.A.10 Council/staff reports: this is an opportunity for Council and staff to provide brief updates on projects and to provide public service announcements. It is not a time for the expression of opinions, questions and answers, or discussion among staff and Council. Discussion is limited to whether Council desires to have a topic placed on a future agenda for future consideration. (dc) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.B. l Joint Public Hearing - Planning & Zoning and Town Council to conduct a Joint Public Hearing relative to the following: An application from Lakewood Clubs, Inc. for a Specific Use Permit to allow mixed beverages in restaurants by food and beverage certificate holders only, on a property located at 500 Trophy Club Drive, known as the Trophy Club Country Club, currently zoned CR - Commercial Recreation. (ASUP-04- 003) EXPLANATION: The Trophy Club Country Club currently operates under a Private Club Registration Permit from TABC for the sale of alcoholic beverages. The Club is looking to sell under a new license, Mixed Beverage in Food and Restaurants by Food and Beverage Certificate Holders Only. The application has been reviewed by staff and appears to be in compliance with the Town's ordinances. Once Town Council approves the SUP application, the applicant is responsible for contacting TABC to ensure that their permit with the state continues to be processed. When TABC has completed their review, the state will issue the permit. (kcf) Attachments: 1. SUP Application 2. Applicant Responses to Ordinance Requirements Oct 25 04 10:12a Mean's Residence 972-202-2721 P.1 Oct 25 04 10:10a 972-880-6271 P.1 Oct 25. 2004 9:24AM No 4079 P_ 2 iwl Town �o 'Tineohr�► {b Turas APPUC44TION FOR SPECIFIC LOSE PERMIT SOLE IMF BEER AND WIMEFOR OFFPREINSASS CVNSLWPTION Oft Y(BWO) SALE OFMU D BEWRAGES8YFOOD AAID BEV+E"GE CEMPICAYE NOcoERS Oft (MAR) DATE_ NAME OF 10/25/04 BUSINESS: Trophy Club Country Club APPLICATION IS FOR: ❑ BWO BEER & WINE SALES (OFF PREMISE CONSUMPTION ONLY) c�}x MBR MDCED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY Current Zoning APPLICANT OR APPLICANT'S REPRESENTATIVE NAME: Lakeway Clubs, Inc. PHONE M: 972/243-6191 ADDRESS: -4n an Txr ti;, -fl— not I— Torg 71,71G SIGNATURE: Thomas T. Henslec, Secretary PROPERTY OWNER(Sf NAME: PHONE 972/243-6191 -uA c ADDRESS' 3030 LHJ Freeway, Dallas, Texas 75234 SIGNATURE: Thomas T. Hendee, Secretary NAME: PHONEM I_Tp1Y1:3Yj SIGNATURE - BUSINESS OWNER NAME: C1uDCor Golf of Texas, L.P_ PHONE f1_ 972/243-6191 ADDRESS: 4070 1.11-7.7.rrt'sr,V na11?s_ Ireser 75234 . SIGNATURE' - - - Thomas T. lienslee, Secretary Town of Trophy Club, Texas SPECIFIC USE PERMIT APPLICATION FOR SALE OF MIXED BEVERAGES BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY (MBR) Introduction This application, presented to the Trophy Club Town Council, is made for the purpose of complying with the provisions of Town Ordinance No. 2004-10 P&Z (the "Ordinance"). Once granted, an application listing the business (trade name: Trophy Club Country Club) will be submitted to the Texas Alcoholic Beverage Commission ("TABU") seeking the issuance of an MBR permit and FB Certificate. The premises which will be impacted by the approval of this application and issuance of the Special Use Permit ("SUP") is located at 500 Trophy Club Drive, Trophy Club, Texas 76262-5417. Trophy Club Country Club (the "Club" and the "Applicant"), currently contracts for the sale and service of alcoholic beverages pursuant to a Private Club Registration Permit which is issued to Trophy Club Beverage, such contract being required by the TABC prior to the recent local vote permitting the sale of mixed beverages by Food and Beverage Certificate holders. Once an SUP is issued and new licenses obtained, the sale and service of alcoholic beverages will continue at the Club premises with the Applicant controlling such service. Accordingly, the issuance of an SUP which covers this premises will change merely the methodology under which alcoholic beverages are sold, served and reported to the TABC and this application is not a case of first impression with regard to the sale of alcoholic beverages at this establishment. General Requirements 1. The Applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the Town Council. The Applicant has completed the necessary paperwork to apply for an MBR Permit and a Food and Beverage Certificate from the TABC and will finalize such application once the SUP discussed hereunder is granted. All required conditions to the issuance of both types of permits have been met and no delay in the issuance of such permits by the TABC is anticipated. Town officials will be provided the opportunity to fully review such application when same is submitted for Town approval. The Applicant is fully aware of all rules and regulations governing the issuance of such permits, as well as the rules and regulations required to maintain compliance with all applicable provisions of the Texas Alcoholic Beverage Code once such permits have been issued. Alcoholic beverages are currently sold on the Club premises pursuant to permit numbers N242732 and PE242733 and the record of compliance with all TABC rules and regulations by the permit holder and the owner and operator of the Club has been outstanding and exceptional. 2. The Applicant shall demonstrate that the granting of the SUP would not be detrimental to the public health, safety and/or welfare of the citizens of the Town. In the history of the operation of the Club, the sale of alcoholic beverages on the premises has never created any condition which could be deemed detrimental of the public health, safety and/or welfare of the citizens of Trophy Club, Texas (the "Town"). The granting of an SUP to Applicant will allow the sale and service of alcoholic beverages at the Club to continue without the stringent recordkeeping restrictions applicable to the current permits but will not result in any operational change which would have any impact on public health, safety and/or welfare issues. 3. The Applicant must design and operate the establishment for which a SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area. The change effectuated by the issuance of this SUP is only in the manner in which alcoholic beverage sales are recorded and accounted for. The continued operation of the Club will not result in any impact on the adjacent or nearby neighborhoods other than that, which has already been evidenced. The proposed use of the premises will not change. The nature of the Club's operations will not change. There is no evidence that the continued operation of this premises as a country club facility pursuant to the SUP will result in any traffic congestion or overcrowding in the Club itself or in the immediately surrounding area. 4. As required, the Applicant shall bear the burden of showing that the establishment does not exceed the limitation on gross receipts from the sales of alcoholic beverages applicable to its license and SUP. The Applicant shall maintain accounting records of the sources of its gross revenue and allow the Town to inspect such records during reasonable business hours. For Fiscal Year 2003 (the last complete year for which annual operational results are available), the total alcoholic beverage sales at the Club were $268,413.57 and the total food and other sales were $772,431.12, as reported by Trophy Club Beverages on the renewal application for permit numbers N242732 and PE242733. Based upon these operating results, there is no evidence that the continued operation of the Club in the same manner as in previous years will produce revenues for alcoholic beverage sales which exceed the limitation established by the Town. All accounting records, detailing the source of gross revenue, will be made available to the Town for inspections during reasonable business hours. 5. The Applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the Chief of Police/Director of Public Safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder. Throughout the Club's history, which has always included alcoholic beverages sales and service, security (specifically the safety and security of the members of the Club and those in the surrounding community and neighborhood) has always been paramount to the individuals charged with the management of the facility. Adequate security has always been maintained, both for daily operations and special events. The absence of past incidents involving drunkenness, disorderly conduct or raucous behavior bear witness of the serious commitment of both The Club Manager and the Assistant Club Manager to individuals' safety and welfare. Past meetings have been held with Officer Briggs of the Town's Police Department in order to insure compliance with the safety issues related to the sale and service of alcoholic beverages. 6. The establishment shall provide adequate parking spaces to accommodate its employees and patrons. Provided however, the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located. The Club has been operating for a number of years with a total number of parking spaces exceeding four hundred (400). These spaces have proven adequate to accommodate its employees and patrons and comply with the zoning requirements set forth by the Town. Granting the SUP will not result in a need for additional parking spaces based upon the fact that the Club's operations with regard to alcoholic beverage sales and service and the overall utilization of the Club's facilities are not expected to evidence a significant change in volume. 7. The Applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment and in the surrounding area and operate the establishment in such a manner as to minimize disturbance to surrounding property owners and in compliance with all applicable Town ordinances and state laws. The location and operation of the Club serve to increase property values and the natural beauty of the lush golf course and manicured grounds provide a tranquil environment for Town residents to raise their children and enjoy their neighborhoods. The cleanliness of the facility is scrupulously maintained and in the history of the operation of the Club, no complaints of excessive noise, dirt, litter, odors or other types of disturbances to surrounding property owners have been evidenced. All applicable Town ordinances and state laws in this regard have been met and the continued operation of the Club pursuant to this SUP will result in continued efforts by the Applicant to meet and exceed all requirements related to quiet enjoyment issues. 8. Specific Use Permit issued under Town Ordinance No. 2004-10 P&Z runs with the property and is not affected by a change in the owner of lessee of a permitted establishment; provided however, that the owner or lessee to whom the premises has been transferred shall within ten (10) business days of such transfer notify the Planning and Zoning Coordinator of such change in ownership or control of the premises for which the SUP was issued. The Applicant fully understands that any SUP issued pursuant to Town Ordinance No. 2004-10 P&Z will run with the property and that notification of any transfer of ownership or control must take place with ten (10) business days of the effective date of such change. The Applicant will fully comply with such conditions. Further, the Applicant understands that the SUP may be discontinued if the use for which it was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months or as otherwise provided in the Comprehensive Zoning Ordinance. No cessation in operation is contemplated at this time, but should circumstances change, Applicant agrees to fully comply with this requirement. 9. All Specific Use Permits issued under Town Ordinance 2004-10 P&Z shall be further conditioned that the same may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months, or as otherwise provided for the revocation of SUP's, as outlined in the Comprehensive Zoning Ordinance, as amended. The Applicant submits that the Club premises and operation is in full and complete compliance with all applicable Town building codes and zoning requirements. In addition, all buildings licensed for the retail sale of mixed beverages for on -premises consumption have been inspected and comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. Miscellaneous 10. Compliance with all applicable Town building codes. The Applicant submits that the Club premises and operation is in full and complete compliance with all applicable Town building codes and zoning requirements. In addition, all buildings licensed for the retail sale of mixed beverages for on -premises consumption have been inspected and comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. 11. Compliance with all applicable Town zoning requirements. The Applicant submits that the Club premises and operation is in full and complete compliance with all applicable Town building codes and zoning requirements. In addition, all buildings licensed for the retail sale of mixed beverages for on -premises consumption have been inspected and comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. 12. A building to be utilized for the retail sale of mixed beverages for on -premises consumption has been inspected and complies with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. The Applicant submits that the Club premises and operation is in full and complete compliance with all applicable Town building codes and zoning requirements. In addition, all buildings licensed for the retail sale of mixed beverages for on -premises consumption have been inspected and comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. Conclusion As detailed above, the Applicant has complied with all applicable conditions which serve as a prerequisite to the issuance of the requested SUP. Unlike consideration of similar applications for businesses new to the Town, the Applicant has a history of operation on which the Town authorities can confidently rely. Alcoholic beverages are already sold at the facility in question and this SUP will merely affirm the ability of the Applicant to continue to utilize this business privilege, albeit in another form. The approval of this Application by the Trophy Club Town Council is, therefore, respectfully requested. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.0 1 Public Hearing: An application from Star of Texas Energy Services, Inc., for a Specific Use Permit to allow gas well drilling on a 1.5 acre tract of land referred to as "Pad 1511", located approximately 220 feet west of the Town's east Town limit line, and approximately 600 feet south of the Town's northeast Town limit line. LOCATION: approximately 220 feet west of the Town's east Town limit line, and approximately 600 feet south of the Town's northeast Town limit line. OWNER: Beck Properties of Trophy Club, L.P. APPLICANT: Star of Texas Energy Services, Inc. LAND PLANNER: N/A NO. NOTICES SENT: N/A RESPONSES: N/A STAFF COMMENTS: The application has been reviewed and appears to be in compliance with the Town's drilling ordinance. The Planning & Zoning Commission made a motion to recommend approval of Pad Site 15H at their 4 November 2004 meeting. (kcf) i Town of Trophy Club, Texas AMENDED APPLICATION FOR OIL AND GAS WE DEVELOPMENT SITE PLAN REVIEW S V F- I NAME OF AUG 2 7 200 DATE: July 30, 2004 PROPOSED Trophy Club 15-H BY: Application must be submitted with a total of 7 copies of the Site Plan. Drawings by engineering firms are preferred. Legal Description of property must be provided on an 81W, x 11" sheet — two (2) typed copies on plain bond paper— no letterhead. GENERAL INFORMATION: Total 1.5 acres Current Single Family (est.) acreage: Zoning: SURFACE OWNER(S): NAME: Beck Properties Trophy Club, PHONE #: 817-430-8992 LP (please prrn ADDRESS: 100 Trophy Club Drive, Trophy Club, Texas 76262 �IYJA NAME: C Oil Investments, Ltd. PHONE #: 817-4` OL/8992 (please prrn ADDRESS: 100 Trophy Club Drive, Trophy Club, Texas 62 2 f /� SIGNATURE: 1 � .1m t, VIA PROPERTY OWNER(S): I j `j) U NAME: B Oil Investments, Ltd. PHONE #: (214) 745-5400 (please prin ADDRESS: 100 Trophy Club Drive, Trophy Club, Texas 76262 f /V Owns a possibility of SIGNATURE: (Aramreverter NAME: Star of Texas Energy PHONE #:(512) 266005 Services, Inc. (please prin ADDRESS: P.O. Box 4038, Lago Vista, Texas 78645 Owns the minerals in fee SIGNATURE: ?� NAME: Star of Texas Energy Services, Inc. p ease pnn DEVELOPER PHONE #: (512) 267-6005 ADDRESS: P.O. Box 4038, Laao Vista, Texas 78645 SIGNATURE: ENGINEER NAME: C -P Engineering PHONE #: Fp ease pnn ADDRESS: 1801 Gateway Blvd., Suite 101, Richardso 609JEW110011 SURVEYOR 644-2800 NAME: McCullah Surveying, Inc. PHONE #: (972) 333-1064 p ease pnn ADDRESS: 16531 Addison Road, Addison, Texas 75001 SIGNATURE: Description of all processes and activities involved with the proposed use: This site will be used for the drilling for and production of natural gas. There will be tanks on the site as well as a separator as depicted on the plat for the temporary storage of formation water. Pipelines will run the gas and water from the tanks from the site in a pipeline system to a central operations facility outside the city limits of the Town of Trophy Club. Access to the Well remains necessary to remove water from the tanks if necessary and for maintenance and Stimulation of the well. Town of Trophy Club, Texas Oil and Gas Well Development Special Use Site Plan Checklist PROJECT NAME: CASE NO: DATE: REVIEWED BY: GAS WELL 15H SUP -04-011 14 OCTOBER 2004 GH The Town of Trophy Club requires a Site Plan for review and approval of an Oil and Gas Well Special Use permit. The following information must be submitted to the Planning & Zoning Commission in order for a request to be processed. This summary is provided for the benefit of the applicant. However, fulfilling the requirements of this summary checklist does not relieve the applicant or his/her agent from the responsibility of the regulations in the Comprehensive Zoning Ordinance, Subdivision Regulations and other development related ordinances of the Town of Trophy Club. ❑ Provide typical well site schematics indicating layout during drilling, upon completion of drilling, and during fracture or refracture treatment processes. ❑ Indicate location of all proposed underground pipelines. As built drawings shall be filed with the Town. All proposed pipelines in pipeline easements shall require pipeline easement dedication. ❑ Identify if pipelines connect with gas distribution system, and if so, designate proposed location. General Requirements 1. Drawn to scale: 1" = 50' or 1" = 100" (smaller or larger scales may be accepted only if approved by the Planning & Zoning Coordinator). Shown: ❑ Not Applicable: ❑ Incomplete: 2. Drawn on a sheet size of 18"x24" or 24"06" (smaller or larger sheet sizes may be accepted only if approved by the Planning & Zoning Coordinator). Legend of instruments required. Shown: ❑ Not Applicable: ❑ Incomplete: 3. The date, written and graphic scale, north arrow, proposed name of well site, and a key map indicating the location of the development in relation to existing streets and highways. Shown: ❑ Not Applicable: ❑ Incomplete: 4. Title Block containing: 1.) Proposed name of the subdivision or lot on record, 2.) Acres in platted and/or un -platted land and total of those acres, 3.) Survey and jurisdiction (i.e. Town of Trophy Club, Denton County, Texas). Shown: ❑ Not Applicable: ❑ Incomplete: 5. Date of the application, preparation and revision date(s). Shown: ❑ Not Applicable: ❑ Incomplete: 6. Name and address of the property owner(s), planners and registered engineer, surveyor. Shown: ❑ Not Applicable: ❑ Incomplete: 7. Name and address of property owners of contiguous undeveloped land. Shown: ® Not Applicable: ❑ Incomplete: 8. Any Town lines traversing or on the boundary of the development. Shown: ❑ Not Applicable: ❑ Incomplete: ON DRAINAGE MAP ONLY Boundaries, Acreage, Zoning &Uses 9. Indicate the proposed site boundary lines shown in contiguous dark lines, of sufficient width to be easily identified. Shown: ❑ Not Applicable: ❑ Incomplete: 10. Total acreage within the proposed site, identification of each existing and proposed type of land use, and the acreage of each use. Shown: ® Not Applicable: ❑ Incomplete: 11. All existing or proposed lots and blocks identified by letter or number within the proposed site and the names and lot patterns of contiguous developments, indicated by dotted or dashed lines. Shown: ❑ Not Applicable: ❑ Incomplete: 12. Location and identification of all existing buildings, parking lots, driveways and other significant structures within 500' of the SUP boundaries. Shown: ❑ Not Applicable: Incomplete: 13. Existing and proposed zoning of the proposed site and the zoning of adjacent land. Shown: ❑ Not Applicable: ❑ Incomplete: 14. Indicate area details: Corps properties, schools, location and size of all greenbelts and open spaces and parks Shown: ❑ Not Applicable: ❑ Incomplete: CORP PROPERTY NOT CLEARLY IDENTIFIED 15. Location, height and type of all walls, fences and/or screening. Shown: ❑ Not Applicable: ❑ Incomplete: NOT APPLICABLE, BUT REGULATED BY TOWN ORDINANCE 16. Proposed and existing landscaping, and screening buffers. Shown: ❑ Not Applicable: ❑ Incomplete: NOT APPLICABLE, BUT REGULATED BY TOWN ORDINANCE Utilities 17. Identify and show the identification, location and size of all existing public facilities, including water and sanitary sewer lines and the associated easements that are located within or on the boundaries of the proposed site. Shown: ❑ Not Applicable: Incomplete: 18. Identify the location and size of all existing water and sanitary sewer lines and the associated elements that are proposed to serve the site, showing the location, size and distance of any existing lines to which the connections are proposed. Shown: ❑ Not Applicable: Incomplete: 19. Detailed information on the means by which any alternative water or sanitary sewer service is to be provided. Shown: ❑ Not Applicable: ❑ Incomplete: NOTES 8 & 10 ON SITE MAP 20. The location and routing of all existing or proposed lines, easements and facilities for providing electrical services for the proposed site. Shown: ❑ Not Applicable: ❑ Incomplete: NOTE 8 ON SITE MAP Streets, Sidewalks & Driveways 21. Identification, location and size of all existing streets and Right -of - Ways located within the proposed site or adjacent developments. Shown: ❑ Not Applicable: Incomplete: 22. Indicate the location and dimension of all curb cuts, public and private streets, parking & loading areas and outside storage facilities. Shown: ❑ Not Applicable: Incomplete: 23. Location and width of any existing or proposed driveways that access or are proposed to access any existing or proposed arterial street located within or on the boundary of the proposed site. Shown: ❑ Not Applicable: ❑ Incomplete: Drainage 24. Topographical information based on 2 -foot vertical contour intervals except where excessively steep grade prohibits graphical representation, in which case 5 -foot vertical intervals may be used. Shown: ❑ Not Applicable: ❑ Incomplete: Z ON SITE MAP & MON DRAINAGE MAP 25. The identification, location and approximate dimensions of all existing and proposed water courses, ponds, detention ponds, ditches, channels, floodway and floodplain boundaries, storm water improvements, drainage easements, or similar natural or man-made drainage facilities or features located within or outside the boundaries of the development that do or will affect or impact storm water drainage on or across the site. Shown: ❑ Not Applicable: ❑ Incomplete: DRAINAGE MAP 26. Identify and show proposed method of erosion control if applicable (may be accomplished in notes). Shown: ❑ Not Applicable: ❑ Incomplete: DRAINAGE MAP 27. Minimal drainage requirements: 1.) Label and indicate any FEMA 100 -year floodplain and floodway on the plan. Label and indicate centerline of any stream, creek, swale, etc., 2.) Proposed top pf drilling pad site elevation, 3.) Show location, size length and type of existing and proposed driveway culverts. All culverts shall be RCP or aluminized Type II pipe, and 4.)Provide drainage area map and supporting calculation per drainage criteria manual for all drainage areas contributing to the proposed driveway culverts and flood plain crossings. Shown: ❑ Not Applicable: ❑ Incomplete: 1.) NOT IDENTIFIED (SEE NOTE #2 ON SITE MAP); 2.) SHOWN ON SITE MAP; 3.) NOT APPLICABLE; 4.) NOT APPLICABLE Wells 28 Identify the location of proposed lease lines and well locations, including: 1.) Label the distance between wells and property lines, 2.) Label the distance between wellheads and structures within 500' of wellheads, and 3.) Label the distance between temporary holding ponds and floodplains. Shown: ❑ Not Applicable: ❑ Incomplete: 1&2.) SHOWN; 3.) NOT SHOWN 29 Diagram of the SUP gathering system center (pipeline to distribution system, flow back system separator tankage, compressors [if needed], etc.). Shown: Incomplete: SITE MAP Not Applicable: ❑ 30 Diagram indicating the proposed gathering system, including: 1.) Location of easements with width dimensions, 2.) Details of the production pipeline (line diameter, PSI rating, burial depth, signage, etc.), and 3.) Details of flow back piping (line diameter, PSI rating, burial depth, signage, etc.). Shown: ❑ Not Applicable: ❑ Incomplete: 1) DETAIL NEEDED; 20) TO BE PROVIDED PRIOR TO PRODUCTION; NEED A DETAIL OF EASEMENTS AND PIPELINE (PRIOR TO INSTALLATION OF PIPELINE) ASAP! 31 Proposed location and dimensions of reserve pits. Shown: ❑ Incomplete: DRAINAGE MAP Not Applicable: ❑ 32 Proposed placement of fracture equipment during original completion process and subsequent re-fracs. Shown: ❑ Not Applicable: ❑ Incomplete: INFORMATION NOT AVAILABLE PRIOR TO FRACTURING ACTIVITIES REVIEWED BY: CHAIRMAN HILL DATE: 14 OCTOBER 2004 ADDITIONAL APPLICANT NEEDS TO ENSURE ALL TOWN LIMITS LINES COMMENTS: CORP PROPERTIES AND FLOODPLAIN LINES ARE TNnT('ATFn 3g W gga� y� COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.C.2 Town Council to close Public Hearing and conduct a Joint Session with Planning & Zoning Commission. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding an application from Star of Texas Energy Services, Inc., for a Specific Use Permit to allow gas well drilling on a 1.5 acre tract of land referred to as "Pad 1511", located approximately 220 feet west of the Town's east Town limit line, and approximately 600 feet south of the Town's northeast Town limit line.(SUP 04-011) EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (initials) Attachments: None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.D.3 Presentation, discussion and appropriate action regarding a fence waiver request to the requirements set forth in Town Ordinance No. 2002-42 P&Z, Section 3 entitled "Fences", Subsection "B" entitled "Height Requirements", (1) pertaining specifically to the height of side yard fences and Subsection "C" entitled "Type of Fence and Construction", (12) pertaining specifically to construction materials for a property located at 16 Cimarron Drive, Lot 849 of Village West, Section "A". Applicant: Rodney Wagner (FW -04-016) LOCATION: 16 Cimarron Drive OWNER: Rodney Wagner APPLICANT: Rodney Wagner LAND PLANNER: N/A NO. NOTICES SENT: N/A RESPONSES: N/A STAFF COMMENTS: The applicant is seeking a waiver for a wall that was built which exceeds the required height limits, per Town Ordinance 2002-42 P&Z. The wall runs along a side yard and ranges in height from seven feet (7') to seven feet, eight inches (7'8") and is constructed of cinder blocks. Staff's interpretation is that cinder block meets the masonry requirement within the meaning of the Town's ordinances. Because of that interpretation, the issue for consideration by the Planning and Zoning Commission was whether a height waiver should be granted for the fence. During the discussion regarding the height of the fence, it became apparent that the P&Z Commissioners did not agree with staff's interpretation that cinder blocks are masonry materials. Because of the height differential with surrounding properties, the P&Z voted to deny the waiver application. The applicant has appealed P&Z's decision to the Town Council. Additionally, because the apparent opinion of the Planning & Zoning Commission was that cinder block is not masonry material, staff has also referred that question to Council for consideration and direction for future interpretation. Pursuant to the Town's ordinance, the Council's action will control and will be the final determination. (kcf) Cinder Block Definition of this Facade Material Cinder blocks are masonry units made of concrete, often mixed with coal cinders. They are usually hollow with holes on two sides. Sometimes the holes are configured to form geometric patterns (e.g. pinwheels), and stacked with the holes facing outward. Cinder blocks are very often painted, unless used as a back or side facade material. Size standards vary by country. Photos of Buildings featuring a Cinder Block Facade [Enlarge] Enlarge] (c) Daniel nieckhefer (c) Daniel Kieckhefer October 26th, 2004 Kerin Fleck Planning and Zoning Coordinator Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 I am requesting a waiver to town ordinance 2002-42, in reference to height restriction of fencing. I built a masonry fence during the construction of a new pool I had installed in my backyard. The existing wood fence needed to be replaced, so I talked to my neighbor, Carolyn Lane, to see if she would mind if I built a masonry fence to replace some of the wood fence. She told me that it would be fine to do that. On September 28th, 2004, code enforcement officer Boyd Raburn, stopped by my house asking me if I recently had built a new fence. I showed him the fence and he took a picture and then asked me if I had obtained a permit, I had no idea that a permit was needed and also was unaware there was a height requirement in Trophy Club. Previously, I had made contact with Deborah Howard, on obtaining information for permits regarding building an addition to my home. She gave me an information packet for accessory structures, but there were no requirements in the packet regarding fences. If I would have known that I needed a permit and that there were height requirements, I would have followed the guidelines. I own a commercial masonry company which is located in Roanoke, Texas. I have ran that business and lived in Trophy Club for over twenty years. The masonry fence was built professionally, with quality material, craftmenship and design. I have noticed several other fences in Trophy Club that are higher than six feet, so I assumed the height of my fence would not be an issue, (my fence is 7-0 to 7-8" high). You cannot see my fence from the street unless you stop and look real hard. The fence gives me more privacy and looks great with my pool. I have no objections from my neighbors, and lowering the fence now would be very costly. I have also agreed with my neighbor, Carolyn Lane, who sees the back side of my fence, to install a new wood fence to match her existing back yard fence. Sincerely, Rodney W. Wagner 1 October 25th, 2004 I, Mr. or Mrs. current neighbor of Mr. Rodney Wagner at 16 Cimarron Drive, have no objection to the proposed masonry fence location on his property. Sincerely, Abe I- t SURVEY PLAT OF IrD A 1.1 . I'All"I"Illh-q IM FRES1 RD IN PREMISFN SURVEYE1 0: 11 iAV [ 1) 1'f D1 -1 ARD A P,pim—c! 1,,.,P 1.� rM.rb7 mfiN lK.1 . —[M 4 1 ro i I ii, dw --kr in ttirei+lkl- of 4 he k I hm-hip Ir P,� r4imvllr. I j yj ()I. VILLAGE WSt-, SLUf WN "A", AN ADH P'I'ION'-r.JX)..'I.Iir..-Cl'l.r'Y CIF T1101 -41Y... CjuB7-1)W1UN ....... COUNIV, I -;XM, AGWRL)ING, '10 '11-11=, FLAU. RUX)RDED M.. CARINLM-1 C,,- PAGE...1.74., mid I1.. 110 eil-vimftwimm Mn Hip 44drAng prorpry m Pllw W1401% mVrj1%cil,- 111-- 11, 4 Y," r,,.c IP S11VW1WI; , R WACNER (,[.,il w;90l.3144 T4 Sre. 4 Y7 Z7y L3 effl,'2, SS la C1MxRFZa" t--,>Wqlvm Lor &4,a 1 ID Z7y L3 effl,'2, SS la C1MxRFZa" t--,>Wqlvm COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.D.4 Discuss and take appropriate action regarding approval of budgetary expense of $8,000 from Economic Development Corporation A to provide dugout covers at Independence Park. EXPLANATION: This expenditure was approved by the EDC -A at its last regular meeting. Staff and the TCYBA are currently researching to determine the best material to be used for the dugout covers. Council approval for the expenditure is necessary at this time; however, as requested by EDC -A, Staff will obtain bids and take the bids back to EDC -A prior to the expenditure of the funds. (AA & RU) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.D.5 Consent Agenda: Discuss and take appropriate action to recognize by Proclamation, April 3, 2004 as the official Arbor Day for Trophy Club. EXPLANATION: (AA) Attachments: 1. Proclamation Whereas, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Whereas, 2004 is the 132nd anniversary of the holiday and Arbor Day is now observed throughout the nation and the world, and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. Now, Therefore, I, SCOTT SMITH, Mayor of the Town of Trophy Club, Texas, do hereby proclaim April 3, 2004 as the 132 d anniversary celebration of Arbor Day In the Town of Trophy Club, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Dated this 6th day of December 2004. Scott Smith, Mayor Town Of Trophy Club SEAL Diane Cockrell, Town Secretary COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.D.9 Consent Agenda: Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance No. 2003-18, and adopting new provisions appointing a presiding judge, alternate judges and a court clerk for the Trophy Club Municipal Court of Record No. 1. EXPLANATION: Ordinance number 2003-18 expires on September 30, 2005; however, due to a change in court personnel, Ordinance No. 2003-18 is being amended to appoint a new Court Clerk. Rather than simply amending a portion of the ordinance in December 2004 and re -appointing in September 2005, Ordinance No. 2003-18 is being submitted to Council for repeal and a proposed new ordinance is presented for adoption. While it is not required to re -appoint municipal judges after the Town's Charter election, it seemed an appropriate action to avoid any possible issues with that transition in the future. The proposed ordinance renews the appointment of the currently serving Presiding Judge and Alternate Judges and appoints a Court Clerk. RECOMMENDATION: Approval of the Ordinance. ACTION BY COUNCIL: (PA) Attachments: 1. Ordinance TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2004 - AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2003-18 APPOINTING A PRESIDING JUDGE, ALTERNATE JUDGES, AND A COURT CLERK FOR THE TROPHY CLUB MUNICIPAL COURT OF RECORD NO. 1; AND ADOPTING NEW PROVISIONS APPOINTING A PRESIDING JUDGE, ALTERNATE JUDGES, AND A MUNICIPAL COURT CLERK FOR THE TROPHY CLUB MUNICIPAL COURT OF RECORD NO. 1 IN ACCORDANCE WITH ORDINANCE NO. 2001-22; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 17, 2001 the Town of Trophy Club, Texas (the "Town") adopted Ordinance No. 2001-22 creating the Municipal Court of Record No. 1 in the Town and providing for the appointment of a Presiding Judge, Alternate Judges, and a Municipal Court Clerk (the "Appointees"); and WHEREAS, Ordinance No. 2001-22 also sets forth certain duties and qualifications for each of the Appointees; and WHEREAS, Ordinance 2003-18 was enacted on October 8, 2003 and was to remain valid until September 30, 2005; and WHEREAS, due to the enactment of the Town of Trophy Club's Home Rule Charter and due to a change in court personnel, the Town Council has deemed it necessary and proper to repeal Ordinance No. 2003-18 in its entirety and to re -appoint the Presiding Judge and Alternate Judges currently serving for a two year term and to appoint a Court Clerk, all as provided in Ordinance No. 2001-22. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. APPOINTMENTS That the Town Council hereby affirms and appoints the following individuals to the Municipal Court of Record No. 1 in the capacity as set forth below: Presiding Judge Mark D. Chambers, Jr. Alternate Judge Eric G. Ransleben Alternate Judge Warren A. Bradley Court Clerk Janis K. Woodruff These appointments are made subject to and are governed by the provisions of Ordinance No. 2001-22. SECTION 2. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 3. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. SAVINGS All other Ordinances in effect and not in conflict with this Ordinance shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 6th day of December 2004. Mayor Town of Trophy Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-6-2004 Subject: Agenda Item No.D.10 Consent Agenda: Discuss and take appropriate action regarding a revision to paragraph 8, entitled "Pooling", of the oil and gas mineral lease -non -drill site pooling agreement for the development of the Town's interest in Harmony Park by and between the Town and Star Of Texas Energy Services, Inc., a substantial copy of which is attached hereto; and authorizing the Mayor or his designee to execute necessary documents. EXPLANATION: After the last Council meeting, Star of Texas acting through their attorney, Rob Durbin, proposed a change to the pooling agreement for Harmony Park. They proposed a revision to paragraph 8 of that agreement that would change the number of units pooled from 160 to 380. They contend that this is necessary because they have changed their plans and now only intend to drill one well site on the adjacent property. That decision is good for the Town because it decreases the number of well sites from 2 to 1. When negotiating the lease, the Town's oil and gas attorney (Will Abney) informed me that as the number of units pooled increase, the amount of money that the Town receives decreases. I asked Mr. Durbin about this and his response was that the units pooled would decrease but the production would increase so that the revenue to the Town would not be impacted. Since that date, I have spoken with Will Abney about the proposed change and he has confirmed that the information they are giving us about increased production is "technically correct". He recommended that the Town agree to the amendment. Because of Star's drilling schedule, we had to respond to them on the proposed change prior to the December 6, 2004 Council meeting. We informed Star that the change would be administratively approved pending ratification by the Town Council at the December 6, 2004 meeting. The revision to Paragraph 8 is the only change in the Agreement previously approved by Town Council. (PAA) RECOMMENDATION: Approval is recommended based upon the opinion of the Town's oil and gas attorney, Will Abney. ACTION BY COUNCIL: Attachments: 1. Information Memorandum 2. Revised Oil, Gas and Mineral Lease Non -Drill Site Pooling Agreement OIL, GAS AND MINEWkL LEASE NON -DRILL SITE/POOLING AGREEMENT THIS OIL., r e S AND MINERAL LEASE AND NON -DRILL SITE POOL]«C AGREEMENT (the "Lease") is made this day of , 2004 (the "Effective Date"), between The Town of Trophy Club, Denton and Tarrant Counties, Texas, acting herein by and through its Mayor, Scott Smith. duly authorized by resolution to execute this Lease {"LESSOR"), whose address is: 100 lvlunicipa] Drive, Trophy' Club, Texas 76262 and Star of Texas Energy Services, Inc. ("LESSEE"), whose address is: P.O. Box 4038, Lag -0 Vista, Texas 7864 WITNESSETH: 1. Lease of Land. LESSOR in consideration of Two Thousand Three Hundred urine and 971100 Dollars (52,34997). in hand paid, of the royalties herein provided, and of the agreements of LESSEE herein contained, hereby leases and lets exclusively unto LESSEE for the purpose of a non -drill site/pooling agreement for investigating, exploring, prospecting, drilling and mining for and producing oil. gas and all associated minerals, to produce, save, take care of, treat, transport and own said products, the following described land in Denton County Texas, to -wit: The Land know and designated as Harmony Park — Non -Drill Site Pooling Agreement: An approximate 13.1998 acre tract of land situated in the JOIiN R. MICHAEL SURVEY, Abstract No. 821. in the Town of Trophy Club, Denton County, Texas, and being a part of a tract of land described in a deed from Johnson-Loggins, Inc, to Gibraltar Savings Association as recorded in Volume 837, Page 16, of the Deed records of Benton County, Texas and more fully described on Exhibit "A", a copy of which is attached hereto and incorporated herein. For all purposes of this Lease, said land is estimated to comprise 93.1998 acres, whether it actually comprises more or less. However, there is expressly excepted from this Lease and reserved to LESSOR, its successors and assigns, all vanadium, uranium, plutonium, thorium, fissionable minerals and all other minerals of every kind and character in, on and under the land, except only oil, gas, casinghead gas and their byproducts and such other hydrocarbon substances, carbon dioxide and sulfur as are necessarily produced with and incidental to the production of oil and gas, or either of them. The Lease consists of this Lease Agreement-, the Town of Trophy Club Bid Form: Oil and Gas Lease Bid Instructions: and Lessee's response to Tovm's Oil and Gas Lease Bid. In the event of conflicts between the terms or provisions of any of the foregoing documents, the conflict shall be resolved with priority of interpretation given to the documents in the order that those docuine.nts are listed in this paragraph. Copies of all such documents are attached hereto and incorporated herein as Exhibit "B" 2. Reservation_ and Surface Use Prohibition f Seismic Testing. There is hereby excepted and reserved to LESSOR the full use of the land covered hereby and all rights with respect to the surface and subsurface thereof for any and all purposes and all minerals except those specifically identified in Paragraph 1. LESSOR reserves and excepts from this Lease all of the surface of the land described in Paragraph I and those corresponding depths lying between the surface of the land and a subsurface depth of one huidred feat (100'), and LESSEE agrees that it will not locate any wells, conduct any drilling operations_ set any surface equipment, utility lines, road or other surface facilities. or conduct any other operations or activities of any nature on the surface of such land. Drilling operations under this lease shall be conducted by means of a well or welts, the surface location of which are not located on the lands subject to this lease. This lease does not grant or include any right of access to the land covered hereby for any purpose. LESSEE has no rights under this lease to conduct geophysical seismic surveys on the leased premises. During the term of this lease, LESSOR shall not allow any other party to conduct geophysical surveys on the lands covered by the lease without first allowing LESSEE the first opportunity to do so. In the event LESSEE wishes to conduct geophysical seismic operations on the leased premises, LESSEE must obtain a separate seismic permit from LESSOR. which permit shall include among other things restrictions for surface use, predetermined locations of shat holes, payments for damages to the Surface Lessees, and other restrictions placed on LESSEE by LESSOR. LESSOR may withhold granting a seismic permit to any and all of the leased premises if in the sole opinion of LESSOR such operations may cause undue: surface damages or disturbances to the Surface Owners, or such operations may create potentially hazardous conditions to LESSOR'S facilities or properties. 3. Primary Term: This is a "Paid Up" lease in that no delay rentals or operations are necessary to perpetuate this lease during the primary term, and subject to the other provisions here contained, this Lease shall be for a term of three (3) years from the Effective Date (the "Primary Term") and as long thereafter as oil, gas and other minerals are produced in commercial quantities from said land or land with which said land is pooled hereunder, or this lease is held by some other provision herein. 4. RovaW. As royalty, LESSEE covenants and agrees to pay: a. As a royalty on oil (including all hydrocarbons produced in liquid form at the mouth of the well and also condensate, distillate, and other liquid hydrocarbons recovered from oil or gas run through a separator or similar equipment produced and saved b,%- LESSEE yLESSEE from the leased premises or lands pooled therewith),25% of the proceeds from the sale of gross production, or at the option of LESSOR, or after thirty (30) days written notice from Lessor, which notice may be given from time to time, deliver, free of cost to Lessor at the wells such percentage of all oil recovered or separated on the leased premises.. LESSEE agrees that before any gas produced from the land is sold, used or processed in a plant. it will be run, free of cost to the parties entitled to royalties, throueh an adequate oil and gas separator of conventional type, or other equipment at least as efficient, to the end that all liquid hydrocarbons recoverable from the gas by such means will be recovered. upon written consent of the royalty owners, the requirement that gas be run through a separator or other equipment may be waived upon terms and conditions as prescribed by them. b. As a royalty on any gas. }which is defined as all hydrocarbons and gaseous substances not defined as oil in subparagraph 4.a. above, produced from the leased premises or lands pooled therewith (except as provided in this Lease with respect to gas processed ir, a plant), 25% of the gross production or A the option of LESSOR, after thirty- (30) days written notice from Lessor, which notice may be given from time to time, deliver free of cost to Lessor at the wells or to the credit of Lessor into the pipeline to which the well may be connected such percentage of all gas (including substances contained in such gas) recovered or separated on the leased premises. c. On all substances, including, but not limited to carbon dioxide and sulfur, permitted to be produced from the land by virtue of this Lease, and products, except liquid hydrocarbons, produced or manufactured from gas, and for which no royalty is otherwise specified in this Lease, LESSOR shall have and be entitled to the royalty percentage of that produced or saved to be delivered to LESSOR, free of all costs. or, at the option of LESSOR, which may be exercised from time to time, LESSEE shall account to LESSOR for the royalty percentage.. d. Accounting and payment to LESSOR of royalties from the production of oil and gas from any well shall commence no later than ninety (90) days after the date the well commences first production. Thereafter, all accountings and payments of royalties shall be made in accordance with the Proceeds Payment Act of the State of Texas, found in Texas Natural Resources Code §91.401, et seq. Should LESSEE at any time fail to make royalty payments to LESSOR on or before the last day of the third calendar month following the calendar month in which the production occurred, this Lease shall automatically terminate unless the payments are made within thirty (30) days after written notice is given to LESSEE. Any royalties provided for in this Lease which are not paid to LESSOR within the applicable time periods specified in this paragraph shall accrue interest at the same rate as judgments under the laws of the State of Texas from due date until paid. Acceptance by LESSOR of royalties which are past due shall not act as a waiver or estoppel of LESSOR'S right to receive or recover any and all interest due under the provisions of this paragraph unless the written acceptance or acknowledgment by LESSOR to LESSEE expressly so provides. LESSEE shall pay all reasonable attorney's fees incurred by LESSOR in connection with any lawsuit in which LESSOR is successful in recovering royalties or interest or in terminating this Lease due to LESSEE'S failure to pay royalties within the periods set forth above. e. Minimum Royalties: On each anniversary date of the first sale of oil and gas, or either. produced from the leased premises or from lands pooled therewith, and for so long as LESSEE is retaining all or any portion of the lands covered hereby by the production of oil and/or gas, if the royalties (including shut-in payments) accrued hereunder, during the preceding twelve (12) months shall not have equaled at least the amount of fifteen dollars ($15.00) per acre for each net mineral acre of land subject to the terms hereof at the commencement of said twelve (12) months, LESSEE covenants and agrees that, within thirty (30 days after the receipt from LESSOR of written notice to such effect_ LESSEE will promptly pay to LESSOR as an additional royalty the amount of the difference between such accrued royalties and the sum to fifteen dollars (S 15.00) per acre for each net mineral acre subject to the terms hereof at the commencement of said twelve (12) months. This additional royalty provision, when applicable, shall be in effect for an durine the life of this lease after the primary term. LESSOR`S royalty shall never bear, either directly or indirectly, any part of the costs or expenses of producing, gathering, dehydrating, compressing, transporting, martufacturino, processing, treating, marketing or otherwise making the oil, gas and other products produced hereunder ready for sale; nor any part of the costs of constructing, operating or depreciating any plant or other facilities or equipment for processing or treating oil cr gas produced from the land or lands pooled therewith. S. Shat -In Gas. If LESSEE drills a well on land which the LESSOR has permitted to be pooled herewith, which well is capable of producing gas but such well is not being produced, and this Lease is not being maintained otherwise as provided herein, this Lease shall not terminate, whether it being during or after the Primary Term (unless released by LESSEE) and it nevertheless shalt be considered that oil and gas is being produced from the land covered by this Lease. When, at the expiration of the Primary Term or any time or times thereafter, the Lease is continued in force in this matter; LESSEE shall pay or tender as royalty to the parties who at the time of such payment would be entitled to receive royalty hereunder if the well is producing. or deposit directly with LESSOR at its address shown herein, a sura equal to Fifteen and 00?00 Dollars (515.00) for each gross acre of land subject to this Lease at the time such payment is made. The first payment of such sum shall be on or before the first day of the calendar month after the expiration of ninety (90) days from the date the Lease is not otherwise maintained, and thereafter subsequent payments may be made at annual intervals. LESSEE'S failure to pay or tender or properly or timely pay or tender such sum as royalty shall render LESSEE liable for the amount due and shall operate to terminate this Lease automatically. 5. Limit of Shut -In: Notwithstanding anything to the contrary in this Lease, it is expressly agreed and provided that this Lease cannot and shall not be extended beyond the Primary Term by reason of the shut-in well provisions of Paragraph 5 for any single period of more than two (2) consecutive years or more than three (3) years in the aggregate. 7. Compensatory Royalties: If, during the period the lease is ktpt in effect by payment of the shut-in gas royalty, gas is sold and delivered in paying quantities from a well located within six hundred sixty (664) feet of the leased premises and completed in the same producing reservoir, or in any case in which drainage is occurring, the right to continue to maintain the tease by paying the shut-in gas royalty shall cease, but the lease shall remain effective for the remainder of the year for which the shut-in payment has been paid. The LESSEE may maintain the lease for two (2) more successive years by LESSEE paying compensatory royalty at the royalty rate provided in this lease as if the well creating this obligation was drilled on the leased premises. The compensatory royalty is to be paid monthly to the LESSOR beginning un or before the last day of the month following the month in which the gas, along with any substances produced in association therewith, is produced from the well creating this obligation; if the compensator)- royalty paid in any 12 -month period is in an amount less than the annual shut-in payment, LESSEE shall pay an amount equal to the difference within thirty (30) dans from the end of the 12 -month period; provided however none of these provisions will relieve LESSEE of the obligation of reasonable development; provided further, however, with the LESSOR'S written approval, the payment of compensatory royalties shall satisfy the obligation to drill offset wells to the well creat!n; the obligation herein.. Compensatory royalty payments that are no-, timely paid will accrue penalty' and interest in accordance with Paragraph 4 of this lease. 8. Pooling: Subject to the reservations and surface use prohibitions of paragraph 2 of this Lease. LESSEE, at its option., is hereby given the right and power to pool or combine the acreage covered by this lease or any portion thereof as to oil and gas, or either of them, with any other land covered by this lease, andlor with any other land, lease or ]eases in the immediate vicinity thereof to the extent hereinafter stipulated, when in LESSEE'S judgment it is necessary or advisable to do so in order properly to explore, or to develop and operate said leased premises in compliance with the spacing rules of the Railroad Commission of Texas, or other lawful authority or when to do so would, in the judgment of LESSEE, promote the conservation of oil and gas in and under and that may be produced from said premises. Units pooled for oil hereunder shall not exceed foray. (40) acres,plus a tolerance of 10 percent (I %) thereof, each in l area, and units pooled for gas hereunder shall not exceed in area AMI each plus a tolerance of ten percent (10%) thereof. provided that should governmental authority having jurisdiction prescribe the creation of units larger than those specified, for the drilling or operation of a well at a reeular location or for obtaining maximum allowable from any well to be drilled_ drilling or already drilled, units thereafter created may conform in size with those prescribed by governmental regulations. LESSEE under the provisions hereof, may pool or combine acreage covered by this lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units in to which the lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the LESSEE hereunder to pool this lease or portions thereof into other units. LESSEE shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing and designating the pooled acreage as a pooled unit: and upon such recordation the unit shall be effective as to all parties Hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface mineral, royalty or other rights in land included in such unit. LESSEE may at its election exercise its pooling option before or after commencing operations for or completing an oil or gas well on the leased premises, and the pooled unit may include but is not required to include, land or leases upon which a well capable of producing oil or gas in paying quantities has theretofore been completed or upon which operations for the drilling of a well for oil and gas have theretofore been commenced. In the event of operations for drilling on or production of oil or gas from any part of a pooled unit which includes all or a portion of the land covered by this lease, regardless of whetter such operations for drilling were commenced or such production was secured before or after the execution of this instrument or the instrument designating the pooled unit, such operations shall be considered as operations for drilling on or production of oil or gas from land covered by this lease whether or not the well or wells be located an the premises covered by this ]ease and in such event operations for drilling shall be deemed to have been commenced on said land within the meaning of paragraph 9 of this lease; and the entire acreage constituting such unit or units, as to oil and gas. or either of them, as herein provided, shall be treated for all purposes, except the payment of royalties on production from the pooled unit, as if the same were included in this lease. For the purpose of computing the royalties to which owners of royalties and payments out of production and each of them shall be entitled on production of oil and gas, or either of them, from the pmlcd vrlit,'here shall he allocated to the land covered by this lease and included in said unit (or to each separate tract within the unit if this lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit after deducting that used for operations on the pooled unit. Such allocations shall he on an acreage basis --that is to say, there small be allocated to the acreage covered by this lease and included in the pooled unit (or to each separate tract within the unit if this lease cover separate tracts within the unit) that pro rata portion of the oil and gas, or either of them, produced from the pooled unit which the number of surface acres covered by this lease (or in each such separate tract) and included in the pooled unit bears to the total number of surface acres included in the pooled unit. Royalties hereunder shall be computed on the portion of such production. whether it be oil and gas, or either of them, so allocated to the land covered by this lease and included in the unit just as though such production was from such land. The production from an oil well will be considered as production from the lease or oil pooled unit from which it is producing and not as production from a gas pooled unit; and production from a gas well will be considered as production from the lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production royalty which may become payable under this lease. If this lease novo or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this lease, but LESSEE shall nevertheless have the right to pool as provided above with consequent allocation of production as above provided. As used in this paragraph S, the words "separate tract" mean any tract with royalty ownership differing, now or hereinafter, either as to parties or amounts from that as to any other part of the leased premises. 9. Termination. a. If. at the expiration of the Primary Term, LESSEE is not engaged in the actual drilling of a well: under the terms of this Lease or if LESSEE has completed or abandoned a well on the land or lands pooled therewith within thirty (30) days prior to expiration of the Primary Term and is not. at the expiration of ninety (90) days after the date of completion or abandonment of the we1L engaged in the actual drilling of another well under the terms of this Lease, this Lease shall then terminate as to all of the land, save and except the following; (1) Each well producing oil or being reworked, and classified as an oil well under the rules and regulations of the Railroad Commission of Texas. together with forty (40) acres around each such well (an "Oil Unit'). (2) Each well producing gas (or capable of producing gas with all shut-in royalty. having heen paid thereon) or being reworked, and classified as a gas well under the rules and regulations of the Railroad Commission of Texas, together with the proration unit around each curl? well fa "Gras tlnit"). - --. .-- - b. Nohvithstanding the foregoing, if the Railroad Commission of Texas or other authority having jurisdiction, by rule or order prescribes a larger or a smaller number of acres for the purposes of securing the maximum allowable production, each unit shall be increased or decreased in size as necessary to conform to the number of acres prescribed by the rule or order, but if the rule or order provides for or permits optional sized tracts or spacing, the unit shall be the smallest tract permitted by the rule or order. c. 1£ at the expiration of the Primary. Term, LESSEE is engaged in the actual drilling of a tiveli under the terms of this Lease or if LESSEE has completed or abandoned a weli on the land or lands pooled therewith within thirty, (30) days prior to expiration of the Primary Term and is, at the expiration of ninety (90) days after completion or abandonment of the well, engaged in the actual drilling of another well under the terms of this Lease this Lease shall not terminate so long as LESSEE pursues the drilling of the well with reasonable diligence to completion or abandonment and so lona as LESSEE commences the actual drilling of additional and successive wells under the terms of this Lease at intervals not exceeding ninety (90) days between completion of a well as a producer or dry= hole and commencement of actual drilling of the next well under the terms of this Lease. if and when LESSEE fails to commence the actual drilling of a well within the applicable interval (or within the extended time provided in subparagraph 9_d. below, this Lease shall then terminate to all of the land, save and except the Oil Units and Lias Units provided in subparagraph 9a. above. Upon expiration of the Primary Term or the cessation of the continuous drilling program set forth herein, whichever is later, this Lease shall also terminate as to all depths below each unit retained as to depths below a depth of one hundred feet (100') beneath the stratigraphic equivalent of the deepest producing horizon or zone for each unit. d. if LESSEE, in the conduct of actual drilling operations under this Lease after the expiration of the Primary Term, commences the actual drilling of any next succeeding well within less than the ninety (90) day time interval specified in subparagraph 9.c. and thus speeds up the development of the land. LESSEE shall have credit in time- for the accelerated development and may, in the conduct of subsequent actual drilling operations, take advantage of the credit in time on a cumulative basis and thus extend the time for the commencement of actual drilling of any subsequent well or wells required to be drilled under the provisions of this Lease in order to prevent termination of this Lease. Within ten (10) days of the commencement of the actual drilling of each well under the terms of this Lease, LESSEE shall give LESSOR written notice of the date of commencement. Within ten (10) days after the completion or abandonment of each wA under the terns of this Lease. LESSEE shall give LESSOR written notice of the date of completion or abandonment and also of the time credit, if any claimed by LESSEE as a