M&C Review


COUNCIL ACTION:  Approved on 10/27/2009 

DATE: 10/27/2009 REFERENCE NO.: G-16745 LOG NAME: 06TREE SETTLEMENT
CODE: G TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT:  

Authorize the Execution of a Negotiated Settlement Agreement with Chesapeake Energy in the Amount  of $378,136.00 Regarding Fines Associated with Illegal Removal of Trees on Two Gas Well Sites


RECOMMENDATION:

It is recommended that the City Council execute a Settlement Agreement with Chesapeake Energy for the construction of median improvements with a projected cost of $378,136.00 in lieu of payment of fines totaling $419,200.00 associated with illegal tree removal under City Ordinance No. 17228-10-2006.

 
DISCUSSION:

Chesapeake Energy, Inc., (Chesapeake) operates two gas well sites in southwest Fort Worth known as Sabre and Peaceful. The Sabre site is generally located northeast of the Risinger Road and Hulen Street intersection. The Peaceful site is generally located southeast of the Sycamore School Road and Crowley Road intersection.   Both sites are located in COUNCIL DISTRICT 6.  

In August 2008, contractors working for Chesapeake clear cut both sites removing trees in violation of the City's Tree Ordinance No. 17228-10-2006. Analysis of both sites indicated that a total of 231 trees were removed (60 on Sabre and 171 on Peaceful). Calculation for the penalty totaled $419,200.00 and demand was made on Chesapeake in September, 2008.

In lieu of payment into the tree fund, Chesapeake Energy proposes that they plant 480 trees in 18 medians, provide irrigation and maintenance and guarantee the survival of the trees for two years. The attached exhibit depicts a sample of the proposed median improvements.

West Risinger

  • 1 median between Brewer Boulevard and Summer Creek Drive
  • 3 medians east of Summer Creek Drive

Summer Creek Drive

  • 1 future median between West Risinger and Quail Feather Drive
  • 1 future median between Quail Feather Road and Summer Park Drive
  • 2 medians between Summer Park Drive and Wildflower Way
  • 2 medians between Wildflower Way and Columbus Trail
  • 1 median between Columbus Trail and Sycamore School Road
  • 1 median between Sycamore School Road and Meadow Valley
  • 2 medians between Meadow Valley Road and Appalachian Way
  • 2 medians between Appalachian Way and Alta Mesa Boulevard

Sycamore School Road

  • 1 median east of Summer Creek Drive
  • 1 median west of Summer Creek Drive

Staff supports the settlement because the cost to the City to design and install similar improvements would add approximately ten percent to the projected cost so no additional value from the funds would be achieved.

 
FISCAL INFORMATION/CERTIFICATION:

The Financial Management Services Director certifies that this action will have no material effect on City Funds.

 
TO Fund/Account/Centers
 
FROM Fund/Account/Centers

Submitted for City Manager's Office by:
Fernando Costa (6122)
Originating Department Head:
Susan Alanis (8180)
Additional Information Contact:
Rick Trice (7959)

 
 
ATTACHMENTS
  06Tree Settlement.CHK009-CON1.pdf
  06Tree Settlement.Site Map.pdf