HomeMy WebLinkAboutOrdinance 16319-03-2005ORDINANCE NO. 1(D~ I Q- 0~ d~
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE,
ORDINANCE NO. 13896, AS AMENDED SAME BEING AN ORDINANCE
REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS,
STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE OR OTHER
PURPOSES, THE HEIGHT NUMBER OF STORIES AND SIZE OF BUILDINGS AND
OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF
STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION AND
FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF
SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO
CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE
BOUNDARIES THEREOF UPON DISTRICT MAPS PROVIDING FOR
INTERPRETATION PURPOSE AND CONFLICT• PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A
SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A
PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND NAMING AN
EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH.
ZC-04-047R 1000 Block of Hemphill Street
Zoning Change.
From. `E"Neighborhood Commercial
To: `PD/MU-1 Planned Development/Low Intensity Mixed Use subject to
architectural design per the submitted elevation rendering. Site Plan waived
Descriation. Lot Fl, Block 1 and 12,530 square feet of Lots F and G,
Block 3, Mrs. Bertha Harmans Subdivision, and Lots 33, 34, 35, 47 48,
49 50, 51, 52, 53 and 54, Block 4, Park Subdivision, and Lot C, Stanford
Subdivision.
„1
ZC-05-021 324.97 Ac. +/ 12200 West Freeway
Zoning Change.
From. AG"Agricultural
To: `PD/SU"Planned DevelopmendSpecific Use, for a Refuse Transfer
Station, (Tracts 1, 2, 3), as follows: (See Exhibit A).
Site Plan Required (See SP-OS-005)
Description.
Tract 1. 188.24 Ac. +/
BEING a tract of land out of the James Johnson Survey Abstract No 871 and the
Jonathan Burleson Survey Abstract No 78, situated m Tarrant County Texas,
and being more particularly described by metes and bounds as follows.
BEGINNING at an axle at fence corner at the Northwest corner of said Johnson
Survey said point being the Northwest corner of the herein described tract.
THENCE South 89° 11 East, with the occupied North line of said Johnson
Survey 660 7 feet to a point 50 0 feet Westerly of the Southwesterly bank of
Mary's Creek;
THENCE with a line SO 0 feet Southwesterly from and parallel to the South bank
of Mary s Creek the following courses and distances
South 30° 29' East 779 6 feet to an uon pm,
South 60° 23 East 111 4 feet to a point;
South 19° 03 East 671.2 feet to a point;
East 79° 58 East 300 7 feet to a point;
North 78° 26 East 408 7 feet to a point and South 56° 09' East 716 4 feet to an
iron pin under fence for the most Easterly corner of the herein described tract;
THENCE South 17° 14 West 569.2 feet along a fence line to a fence corner post
m concrete m the occupied South line of said Johnson Survey same being the
occupied North line of said Burleson Survey
THENCE West 88° 20' West 575 0 feet along said survey line, a fence line, to an
u•on pin at fence corner for a re-entrant corner of the herein described tract;
THENCE South 0° 08 West 1091 6 feet along a fence line to an uon pm under
fence for the most Southerly Southwest corner of the herein described tract;
ZC-04-021 Continued
THENCE North 89° 02 West at 688 95 feet passing an u-on pin and continuing in
all 2559 8 feet to an iron pin under fence for the Southwest corner of the herein
described tract;
THENCE North 0° 58 East 3797 1 feet along a fence line to the POINT OF
BEGINNING and containing 188.244 acre
Together with Road Easement from J C Pace and Company to Material Control,
Inc. dated July 1 1977 recorded July 6, 1977 DRTCT and more particularly
described by metes and bounds as follows.
BEING a 60 0 foot wide road easement in the Jonathan Burleson Survey Abstract
No 78, Tarrant County Texas, said road easement being 30 0 feet each side of
and parallel to the following described centerline:
COMMENCE at the Northwest corner of the James Johnson Survey Abstract No
871
THENCE South 0° 58 West 3757 feet;
THENCE South 89° 02 East 1328.9 feet and South 5° 00 East 764 3 feet to a
point in the Northerly right-of way line of Interstate Highway No 20 and in the
centerline of Linkcrest Dnve extended for the POINT OF BEGINNING of the
herein described centerline:
THENCE North 5° 00' West 754.3 feet to a point in the most Southerly South line
of tract as shown on a survey plat dated December 12, 1976, said point being
North 89° 02 minutes West 1230 9 feet from the most Southerly Southeast corner
of said tract.
Tract 2. 45.87 Ac. +/
BEING a 45 87 acre tract comprising all of that certain Lee Bass, Trustee, 45 864
acre tract (Vol. 7651 Pg 277 Tarrant County Deed Records) in the J Burleson
Survey Abstract No 78, Tarrant County Texas. The 45 87 acre tract is more
particularly described by metes and bounds as follows.
BEGINNING at a h iron rod found for the Northwest corner of said Bass tract
and the Southwest corner of that certain West Side Sanitary Landfill, Inc.,
188.244 acre tract (Now Waste Management of Texas, Inc.)(Vol. 6477 Pg. 335
Tarrant County Deed Records).
ZC-04-021 Continued
THENCE South 88° 45 44 East a distance of 2559 75 feet to a % iron rod found
for the Northeast corner of this 45 87 acre tract and the Southeast corner of said
Waste Management 188.244 acre tract and from which an iron rod with yellow
cap found 0 1 feet West and a chain luck fence corner found 2.5 feet West.
THENCE South 00° 11 03 West, coincident with the West boundary line of that
certain Lee M. Bass 144 97 acre tract (Vol. 7588, Pg. 2154 TCDR); a distance of
635.59 feet to a 3/8" iron rod found for a point for corner and from which a chain
link fence corner bears 0 6 feet South and 11 3 feet West.
THENCE North 87° 32 17 West; coincident with the North boundary line of that
certain Gulf Refining Co 0 96 acre tract (Vol. 6686, Pg. 185 TCDR) a distance
of 209 87 feet to a 'h iron rod found for a point for corner and from which a
chain luilc fence corner bears 1 3 feet South and 1 4 feet East.
THENCE South 00° 09' 48 West a distance of 199 90 feet to a'h iron rod set for
the Southwest corner of said Gulf tract on the North nght-of--way lute of Interstate
30
THENCE with the North nght-of--way line of Interstate 30 as follows:
THENCE North 87° 34 55 West a distance of 389 40 feet to a Texas Highway
Department Brass Disk in concrete found for a point of curve.
THENCE in a Westerly direction, following anon-tangent curve to the right; said
curve having an arc length of 158 66 feet, radius of 2262.83 feet, and a long chord
of North 85° 28 00 West, 158.63 feet to a Highway Department Brass Disk
found for the end of curve.
THENCE North 79° 30' 00 West a distance of 99 51 feet to a Highway
Department Brass Disk found for a point for corner
Thence North 81 53 11 West a distance of 159.35 feet to a Highway
Department Brass Disk found for a point of curve.
THENCE in a Westerly direction, following anon-tangent curve to the le$, said
curve having an arc length of 243.27 feet, radius of 2898 79 feet and a long chord
of North 84 19' 25 West 243.22 feet to a Highway Department Brass Disk for
the end of curve.
THENCE North 85° 35 21 West a distance of 101.39 feet to a Highway
Department Brass Disk found for a point of curve.
ZC-04-021 Continued
THENCE in a Westerly direction, following anon-tangent curve to the left, said
curve having an arc length of 243 69 feet; radius of 2903 79 feet and a long chord
of South 88° 43 41 West, 243 73 feet to a Highway Department Brass Disk
found for the end of curve.
THENCE South 86° 25 16 West a distance of 259 15 feet to a Highway
Department Brass Disk found for a point for curve.
THENCE in a Westerly direction, following anon-tangent curve to the right; said
curve having an arc length of 147 45 feet, radius of 2252.83 feet and a long chord
of South 88° 13 00 West, 147.37 feet to a Highway Department Brass Disk
found for the end of curve.
THENCE North 89° 52 42 West a distance of 550 06 feet to a Highway
Department Brass Disk found for a point for corner
THENCE South 85° 11 13 West a distance of 12.31 feet to a 5/8" iron rod found
for the Southwest corner of this 45 87 acre tract and from which a fence corner
bears 1 8 feet North.
THENCE North 00° 46 57 East, coincident with the East boundary line of that
certain Wm. Fleming tract (Vol. 2007 Pg. 483 TCDR) a distance of 806.43 feet
to the POINT OF BEGINNING.
Tract 3. 90.86 Ac. +/
BEING a 90 86 acre tract of land comprising part of those certain Lee M. Bass
tracts (281 58 acre tract, Vol. 6318, Pg. 780 Tarrant County Deed Records),
11 825 acre tract, Vol. 9890, Pg 1750 TCDR), (22.87 acre tract, Vol. 6318, Pg.
780, TCDR) and 15.21 acre tract, Vol. 8761 Pg. 1662, TCDR) in the B.F
Richardson Survey Abstract No 1374 the W W Garrett Survey Abstract No
1951 and the Cyrus K. Gleason Survey Abstract No 559 Tarrant County
Texas. The 90 86 acre tract ~s more particularly described by metes and bounds
as follows.
BEGINNING at an axle found for the Northwest corner of that certain West Side
Sanitary Landfill, Inc. (now Waste Management of Texas, Inc.,) 188.244 acre
tract (Vol. 6477 Pg. 335 TCDR) and having Waste Management site coordinates
ofNorth 388,266.21 East 1,988,434 41
THENCE North 89° 38 03 West; coincident with the North boundary line of that
certain Wm. Fleming tract (Vol. 2007 Pg. 483 TCDR & Vol. 1602, Pg. 118,
ZC-04-021 Continued
TCDR), a distance of 2273 67 feet to a 3/ uon rod found for the Southwest
corner of said Bass 281.58 acre tract and from which a cedar fence post m
concrete bears North 06° 21 East, 8 8 feet and a cedar fence post m concrete
found for a boundary corner of said Fleming tract bears North 89° 38 03 West,
1109 1 feet.
THENCE North 06° 53 44 East; coincident with the East boundary line of that
certain Lee M. Bass 34 19 acre tract (Vol. 7641 Pg. 1534 TCDR), a distance of
1263 77 feet to a stone with 3/ ion rod found for the most Westerly Northwest
corner of said Bass 281.58 acre tract and from which a cedar fence post in
concrete bears South 89° 42 East, 10 7 feet.
THENCE North 89° 25 45 East; coincident with the North boundary line of said
Bass 281.58 acre tract and the South boundary lute of that certain Lorraine S
Brown tract (Vol. 9404 Pg. 1102,TCDR) a distance of 289 50 feet to a '/z ion
rod set for the Southwest corner of that certain White Children s Trust tract (Vol.
10177 Pg. 2192, TCDR).
THENCE North 87° 47' S6 East, coincident with the North boundary line of said
Bass 281.58 acre tract; a distance of 356 50 feet to a 'h iron rod (top bent
restraightened) found for the Southeast corner of said White Children s Trust tract
and the Southwest corner of said Bass 11 825 acre tract and from which a 1 iron
rod top bent found for the Southeast corner of said Bass 11 825 acre tract and
Southwest corner of said Bass 22.87 acre tract bears North 87° 47' S6 East,
1083 92 feet.
Thence North 00° 29' 32 East; coincident with the East boundary line of said
White Children s Trust and the West boundary line of said Bass 11 825 acre tract;
a distance of 175 00 feet to a point for corner in the centerline of Mary's Creek.
THENCE with the centerline channel of Mary's Creek as follows:
North 80° 34 53 East a distance of 222.64 feet to a point for corner
North 50° 02 00 East a distance of 190 OS feet to a point for corner
North 57° 25 15 East a distance of 351 19 feet to a point for corner
North 68° 11 46 East a distance of 217 68 feet to a point for corner
South 79° 48 18 East a distance of 115 85 feet to a point for corner
ZC-04-021 Continued
South 68° 42 27 East a distance of 82.00 feet to a point for corner
South 35° 11 59 East a distance of 361.28 feet to a point for corner
South 18° 31 56 East a distance of 177 41 feet to a point for corner
South 69° 24 13 East a distance of 248 49 feet to a point for corner
South 63 10' S5 East a distance of 123 79 feet to a point for corner
South 49° 44 47 East a distance of 264 72 feet to a point for corner
South OS° 57 35 East a distance of 159 43 feet to a point for corner
South 12° 24 50 East a distance of 251 06 feet to a point for corner
South 17° 31 51 East a distance of 478.57 feet to a point for corner
South 46° 10' 12 East a distance of 313 89 feet to a point for corner
THENCE North 88° 52 29 West; coincident with South boundary line of said
Bass 281 58 acre tract; passing at 168 73 feet ion rod with yellow cap found on
line marking the North boundary line of said Waste Management 188.244 acre
tract; passing at 211 71 feet a nail at a fence corner found on line; for a total
distance of 830.11 feet to the POINT OF BEGINNING.
SECTION 2.
That the zoning regulations and districts, as herein established, have been made in accordance
with the comprehensive plan for the purpose of promoting the health, safety morals and general
welfare of the community They have been designed to lessen congestion in the streets; to secure
safety from fire, panic, flood and other dangers, to provide adequate fight and air• to prevent
overcrowding of land, to avoid undue concentration of population, to facilitate the adequate
provisions of transportation, water sewerage, parks and other public requi•ements. They have
been made after full and complete public hearing with reasonable consideration, among other
things, of the character of the district and rts peculiar suitability for the particular uses and with a
view of conserving the value of a building and encouraging the most appropriate use of land
throughout the community
SECTION 3.
That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth
affecting zoning and shall not repeal any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 4.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of Ordinance Nos. 3011 13896 or any amendments thereto that have accrued at the
tune of the effective date of this ordinance; and as to such accrued violations, and all pending
litigation, both civil or cruninal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 5.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
That any person, firm or corporation who violates, disobeys, orruts, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2000 00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 7
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V T C.A. Local Government Code Subsection 52.013
SECTION 8.
That this ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
~~
istant City A orney
Adopted. ~~
Effective. ~,
Exhibit A
ZC-OS-021
Westside Recycling and Disposal Facility
PD/SU Zoning Case language
PD/SU will include all 325 acres as listed in the TCEQ Registration and shall
include the landfill and transfer station. (Hereinafter referred to as the `Facility")
Peruneter shall mean the peruneter of the 325 acres. The current landfill
operation, the maintenance facility the enclosed flare and the borrow area
activities are permitted uses under the PD/SU
2. The transfer station will close and shall not operate or accept waste of any kind or
type beyond March 31 2017 The transfer station shall be deemed to commence
operation at 12 00 noon on the day the first transfer station vehicle leaves the
Facility with trash transferred to it from the transfer station or accepts waste of
any kind or type from any source.
3 The landfill shall close and shall not operate or accept waste of any kind or type
after the earlier of 12:00 p.m. on March 31 2007 or the tune and date on which
the volume of trash in the landfill equal the capacity under the permit. Thereafter
steps shall be initiated and completed as required under the Permit, applicable law
and applicable regulations, to close permanently the active operations associated
achvrties at the landfill.
4 Upon receipt of all approvals and compliance with any local, state or federal
regulations, including the required building permits from the City if any the
existing utility flare at the landfill shall be replaced with a LFG enclosed flare
system per the diagram labeled `LFG Enclosed Flare System" by Weaver Boos
Consultants. Any future flares will consist of a sumlar enclosed system.
5 The surface of the borrow area shall be seeded with Indian grass, big bluestem,
sideoats, gramma, and Illinois bundleflower
6. Except as hereafter provided, operation of the transfer station shall be permitted
only after the landfill is closed. The landfill and the transfer station may operate
sunultaneously for a transition period not to exceed one hundred and twenty (120)
days. During the 120 day transition period, no more than 3 000 of combined total
average tonnage per day (excluding Sundays) will be accepted into the landfill
and transfer station.
7 Litter clean-up on access roads serving the Westside Transfer Station will occur
within two distinct areas, and at two defined frequencies to include:
i. Daily Clean-up Limits Daily fitter clean up will occur on both the north
and south sides of I 30 On the north side of I 30 the daily limit will be from
the 580 Highway exit off of the westbound lanes of I 30 (as the east limit) to
at least 300 yards beyond WM's west property boundary (as the west limit)
In this area clean up will occur from the north shoulder of the westbound lanes
of I 30 to the property lines along the northern frontage road. On the south
side of I 30 the daily limit will be from Linkcrest Drive (as the western
boundary) to Horseshoe Trail West (as the eastern boundary) In this area
clean up will occur from the south shoulder of the eastbound lanes of I 30 to
the property Imes along the southern frontage road. Additionally the daily
limit will also include the area under I 30 at the 580 'bridge" from the
intersection of Horseshoe Trail West and the southern frontage road, to the
northern frontage road of I 30
ii. Weekly Clean-up Lirruts Weekly litter clean up will include all areas as
defined by the daily limits as well clean up along I 30 and Highway 580 for a
distance of 2 miles in either direction from the entrance to the site. For I 30,
this can be described further as along both sides of I 30 from a west limit of
the I 20 westbound land overpass, to an east lirmt of Chapel Creek exit for I
30 Clean up will occur on both sides of I 30 from the shoulders to the pnvate
property lines along the highway but will not include the center median area
of I 30 For Highway 580, the clean up will occur from the Chapel Pointe
intersection as the east boundary to the intersection of 580 and I 30 as the
west boundary Clean up on Highway 580 will include both sides of the
highway (to the pnvate property line) as well as will include the center
median.
All trash trucks owned by WM (or owner/operator if WM is not the
owner/operator) will not exit I 30 at 580 (eastbound) in order to travel to 820.
Only WM trash trucks servicing the businesses and/or residences on Camp
Bowie West will be allowed to exit 580 (eastbound).
WM (or owner/operator if WM is not the owner/operator) agrees to post signs
at the exit of the Facility and distribute flyers to truck dnvers exiting the
Facility (other than those owned and/or operated by WM) stating that traffic
must travel on I 30 to reach 820 and is not perrmtted to exit I 30 at 580
(eastbound).
8 An attendant will control access to the site. This attendant will be located at the
gatehouse or in some instances may be located directly at the Transfer Facility
The attendant will be on site during all hours that the facility is operational.
Signs will be erected directing traffic from the gatehouse to the transfer station,
and posted at the entrance to the facility indicating the end of the queue line.
9 Pnor to closure of the landfill, the maintenance building (currently located a the
Facility) can be used to maintain the following:
2
i. earth moving and trash moving equipment (other than trucks, tractors or
trailers used to haul waste) that, for the thirty days prior to maintenance,
were used prunarily at the Landfill for Landfill operations,
ii. any automobiles or pickup trucks with a capacity of one ton or less (other
than trucks, tractors or trailers used to haul waste) that, for the thirty days
prior to maintenance, were used prunarily in connection with Landfill
operations,
iii. any vehicles (other than trucks, tractors or trailers used to haul waste) that;
for the thirty days prior to maintenance, were used prmarily in connection
with the Renewable Energy Facility
iv any tractors, mowers and other similar equipment that, for the thirty days
prior to maintenance, were used, primarily in connection with mowing
grass at the Facility
v any equipment that, for the thu-ty days prior to maintenance, were used
prunarily for road maintenance or road cleaning for roads located on the
Facility and
vi. any vehicles or equipment (other than trash trucks, trash trailers or transfer
tractors and trailers) that, for the thirty days prior to maintenance, were
used primarily in connection with the operation contemplated by the
Waste Transfer Station.
After the landfill ceases active operations, the maintenance building can be used
to maintain the following:
i. any vehicles that, for the thu-ty days prior to maintenance, were used
prmarily for closure and post-closure activities associated with the
Landfill,
ii. any vehicles that, for the thirty days prior to maintenance, wee used
prunarily in connection with the Renewal Energy Facility
iii. any tractors, mowers and other similar equipment that, for the thirty days
prior to maintenance, were used primarily in connection with mowing
grass at the Facility
iv any equipment that, for the thirty days prior to maintenance, were used
prunarily for road maintenance or road cleaning for roads located on the
Facility and
v any vehicles or equipment (other than trash trucks, trash trailers or transfer
tractors and trailers) that, for the thirty days prior to maintenance, were
used primarily in connection with the operations contemplated by the
Waste Transfer Station.
After the landfill is deemed .closed by TCEQ, any construction related
equipment necessary for activities, as part of the post closure, other than
equipment used for transfer station operations, shall operate only during
daylight hours.
Only service vehicles can be used at the transfer station
3
At no time shall the maintenance building be used to clean, repai• or maintain any
other equipment utilized in connection with waste collection, waste transfer
landfill operations or the repair or maintenance of dumpsters. The maintenance
building shall not be used to maintain or repair any vehicles used for the
collection of waste or vehicles used to haul waste from the transfer station except
in case of emergency service needs for such vehicles or other vehicles that have
been servicing the Facility for less than thirty (30) days.
Waste Management (hereinafter referred to as WM) (or the owner/operator if
WM is not the operator/owner) will only park or store the following equipment at
the Facility
i. Equipment used for landfill operations (during life on the landfill)
ii. Transfer station equipment used exclusively inside the transfer station.
iii. Equipment used for closure and post closure at the landfill
iv Equipment used for road cleaning activities
v Vehicles owned/operated by employees of WM working at the site
10 WM (or the owner/operator if WM is not the operator/owner) will not seek or
operate another transfer station, landfill or trash operation within five (5) miles of
the Facility
11 PD/SU does not include the operation of a LFG to Energy/Landfill gas to Energy
Facility Such facility requires an amendment to this zoning change.
12. The existing maintenance building will be repainted to match the exterior of the
transfer station within thirty (30) days of commencing use of the transfer station.
13 The Transfer Station will.
i. Consist of an upgraded facade;
ii. Be fully enclosed 4 sided brick and/or metal structure, with brick on at
least 3 sides,
iii. Not contain truck doors located on the south side except two tunnel doors,
no truck doors located on the east or west sides, and only roll-up doors and
employee access door(s) on the north side are allowed,
iv Contain roll-up doors on north side and truck doors on the south,
v Contain no windows,
vi. Have insulated walls and ceiling to absorb sounds;
vii. Will contain a inisting system with deodorants to masks/neutralize odors,
viii. Be designed to control dust generated over the tipping area, and
ix. Contain at least 4 exhaust fans with filters to help control dust and odors
that will be maintained in good working order
14 A six foot chain-link fence on the southwest corner of the transfer station and
around the west, north, south and east sides of the station shall be installed and
4
maintained in good condition. A site plan shall be submitted with the PD/SU
indicating the location of the fence around the transfer station.
15 The following control measures will be installed at the transfer station.
i. All existing or future roads, turning areas, or parking areas used for the
transfer station and related operations shall be paved with either concrete
or asphalt and maintained in good condition at all times,
ii. All systems shall be designed to control dust generated at or over the
tipping area,
iii. A misting system with deodorants to mask or neutralize odor
iv The tipping floors will be swept and cleaned on a daily basis,
v The interior of the building will be cleaned on a regular basis and washed
at least weekly
vi. The doors of the transfer station will remain closed when the Facility is
closed,
vii. All roads utilized for the transfer station shall be paved and maintained in
good condition with asphalt/concrete and swept regularly and
viii. No waste shall remain in the transfer station for longer than twenty-four
(24) hours.
If these measures do not control the odors (as determined by federal, state and
local odor measurement standards) then plastic curtains and if necessary
additional devices to dispense odor controls, prohibition of loads determined to be
particularly malodorous, increased sweeping and washing, decreased set tune of
loads, and other preventive measures will be implemented. WM and/or the
operator of the Facility shall operate the Facility at all tunes within the guidelines
of all federal, state and local statutes, regulations and ordinances relating to the
control of odors including, but not limited to, the recently adopted Odor
Complaint Investigation Procedures of TCEQ
16. Prior to the operation of the transfer station and the installation of any additional
lighting on the Facility a professional lighting consultant shall prepare a lighting
plan to minimize fight pollution from the Facility All existing or installed
lighting shall minimize any bright fight shining away from the Facility and the
impact of lighting on properties outside the Facility
17 When loading tunnels are in use, one door of each tunnel will be closed to help
ensure that odor will not be emitted from the transfer station toward the
surrounding neighborhoods. Doors to the transfer station shall remain closed at
all tunes when the transfer station is closed. When the loading tunnels are in use,
one door of each tunnel shall be closed during hours of normal operation, only
those doors necessary to accommodate truck volumes may remain open.
18 An independent thud party shall routinely test liquids that are collected and
disposed of from the transfer station, without expense to the City Specific
performance standards shall be defined by the City of Fort Worth to determine
whether hazardous waste/materials are entering the waste stream. Test reports
shall be conveyed to the City of Fort Worth. If the test exceeds limits or
characteristics that render the constituents hazardous, then Waste Management
and/or the operator of the Facility shall submit a compliance plan to the City
which shall include the cause of upset, the remedy sampling protocol, and
abatement plan. All test results will be disclosed to the interested parties during
the quarterly meetings upon request.
19 No trucks, collection trucks, or trailers may be parked at the Facility when the
transfer station is closed, except for one tractor/trailer in each tunnel, transfer
trucks in the process of transporting the remaining waste from the Facility after
closing and employee personal vehicles. All transfer trucks that are transferring
waste must either leave the Facility upon completion of loading or before 1.00
a.m. the next day whichever comes first, unless said trucks are stored inside the
building. No transfer trucks transferring waste shall be parked or stored at the
Facility on Sundays unless they are inside the building. Equipment not used
exclusively inside the transfer station, used prinarily for closure and post-closure
activities at the landfill or used primarily for road cleaning at the Facility shall be
parked or stored at the Facility
20 WM (or the current owner/operator if WM is not the operator/owner) will meet
with the neighbors at 6 pm on the 3rd Thursday of each quarter at a place in close
proximity to the Facility Advance notice shall be sent at least 7 days prior
thereto of each meeting to the Wash Ranch Limited Partnership, Lee Bass,
Suzanna Brown Tousel, Martha Leonard, and the Presidents of Lost Creek,
Linkwood, Chapel Creek, El Rancho Homeowners Association and other
registered neighborhood associations within a three (3) mile radius of the Facility
At each meeting the tonnage report, any notices received from any governmental
agency or governmental authority within the preceding quarter pertaining to the
Facility where the notice involves any alleged noncompliance with any
regulation, rule, law permit or registration, any complaints received pertaining to
any operation at the Facility any non-voluminous reports filed with the TCEQ or
any other agency having jurisdiction over any operations at the Facility and the
amount of trash and debris collected during the weekly and daily clean-ups shall
be made available for review and discussion. Other information pertaining to the
Facility requested shall be provided upon request, unless such information
includes any tax or financial information or other confidential or proprietary
information.
21 Hours the transfer station shall be open for the acceptance of waste shall be
limited to 1 00 a.m. to 9.00 p.m. Monday through Friday and from 1 00 a.m. to
3.00 p.m. on Saturdays. The Facility shall be closed from 3 00 p.m, on Saturday
until 1 00 a.m. on Monday No waste of any type or kind shall be accepted at the
transfer station on Sundays.
6
22. All records, except tax, financial or other confidential and/or proprietary records
related to the operation of the Facility shall be made available to the City for
inspection on a quarterly basis and upon request of the City
23 No waste shall be stored at the transfer station for more than 24 hours.
24 Waste Management (or the current owner/operator, if WM is not the
operator/owner) will adjust the backup alarms on all loaders and equipment and
install and maintain, subject to applicable state and federal safety guidelines,
motion sensors on all owned loaders and equipment to activate the use of backup
alarms.
25 Licensed pest control companies shall be engaged on a regular basis to assist with
the control of birds, vectors, and other pests.
26 No trucks or other vehicles shall be allowed to queue on public roads ad~aeent to
the Facility All incoming trucks shall be directed beyond the gatehouse to wait.
27 All transfer operations will occur inside the transfer station building. In the
concrete back-up/turn-around area on the north side of the transfer station
building, a truck may turn around and untarp their load (or otherwise prepare to
dump their load in the Transfer Station). No waste will be deposited until they are
inside the building. Prior to beginning operations at the transfer station, signs
shall be erected at the entrance of the Facility prohibiting the untarping of loads
until the truck is located in the concrete back-up/turn-around area on the north
side of the transfer station.
28 No recycling operations shall be allowed at the Facility
29 At no tune shall routine noise be generated from the transfer station operation that
exceeds a decibel level of IOdBA over ambient average when measured from the
south, north and/or east bounding property lutes of the Facility The properties
bordering on the west peruneter of the facility shall be governed by the terms of
the settlement agreement as referenced in paragraph 34
Momentary accidental and non-routine decibel spikes may occur but Waste
Management shall implement practices to avoid the same, and the hourly average
may not be used to allow for repetitive, routine or standard operational noise at
decibels above the 50 dBA hourly average or 10 dBA over ambient average
standards, whichever is applicable.
In no event shall the replacement enclosed flare" exceed the decibel level of the
existing flare at the same measurement point. If the enclosed flare causes the
decibel level to exceed 50 dBA at the peruneter of the Facility then Waste
Management (or the owner/operator if WM is not the operator/owner) shall take
steps to rrutigate the decibel level. Any other flares that may be installed at the
7
facility shall be required to meet the 50 dBA limitation at the perimeter of the
Facility
30 Waste Management (or the owner/operator if WM is not the operator/owner)
shall use its best efforts to make the Facility (other than the Landfill, defined as
the 106 acres of refuse fill footprint, which will not be used for future waste
operations) available for community uses after trash operations (including transfer
station operations) cease. Waste Management (or the owner/operator, if WM is
not the operator/owner) shall meet and work with the Crty to develop a plan for
another entity to convert certain portions of the Facility (other than the Landfill)
to community uses, after operations cease at the Facility to include, but not
limited to the following:
i. As a landfill until capacity is reached or March 31 2007
ii. As a transfer station until March 31 2017
iii. For closure/post closure activities,
iv For gas collection and flaring;
v For bike trails, walking trails, parks, etc.
vi. For maintenance of the Facility and
vii. For environmental compliance activities
31 All existing or future roads, turning or parking areas used for the transfer station
shall be paved and maintained in good condition.
32. Waste Management shall use its best efforts to ensure that all trucks, trailers or
other vehicles hauling waste are leak-proof to minimize spills of liquids.
33 The landscape shall be installed per the plan as submitted to the City for the
application of a building permit and shall soften the impact of the landfill and
shall provide for dut work and use of mature bushes and trees to rmtigate noise
and screen the transfer station, the maintenance building, and any flares.
34 With the exception of paragraphs 21 through and including 35 of the
Comprehensive Settlement Agreement and the exhibits labeled Exhibits A-H,
executed on the 15`h and 18th day of October 2004 between Betty Boothe, David
Landgra~ Jack Jefferson, Frances Wohler Walsh Ranches Limited Partnership
and Waste Management of Texas, Inc., is hereby attached and incorporated into
this PD/SU Where any provisions listed above in Sections 1 through 33 of the
PD/SU terms above impose a greater restriction than the Comprehensive
Settlement Agreement, the provisions of Sections 1-33 shall govern.
Exhibit A
COMPREHENSIVE SETTLEMENT AGREEMENT
This Comprehensive Settlement Agreement ("Settlement") is made as of the
15th day of October 2004 by and between the following parties ("Parties")
Betty Boothe ("Boothe")•
David Landgraf ("Landgrafl'),
Jack Jefferson ("Jefferson"),
Frances Wohler ("Wohler");
Walsh Ranches Linuted Partnership ("Walsh")• and
Waste Management of Texas, Inc. ("Waste Management").
WI~REAS Boothe, Jefferson, Landgraf, Wohler and Walsh (by virtue of
assignment from Joe and Jo Anne Wester) (collectively the `Plaintiffs") and Waste
Management are parties to a Settlement Agreement signed by Waste Management on
March 21 1998 (the 1998 Settlement") pertaining to the municipal solid waste
landfill in western Tarrant County Texas known as the Westside Recycling &
Disposal Facility- and
WHEREAS, Waste Management thereafter initiated vanous steps to obtain a
registration, zoning, site plan, building pernut and other approvals in contemplation of
constructing and operating a waste transfer station at the Facility (as hereinafter
defined) un accordance with certain specifications outlined un Registration No. MSW
1
40186 issued by the Texas Natural Resource Conservation Commission, now 1Qiown as
the Texas Commission on Environmental Quality {"TCEQ") to Waste Management on
October 17 2002 (the `Registration') and
WHEREAS the Plaintiffs filed suit as Cause No 236-193455-OZ in the 236'
Judicial District Court of Tarrant County Texas (the `Litigation ') seeking to preclude
Waste Management from constructing or operating a waste transfer station at the
Facility and
WHEREAS, Waste Management counterclaimed m the Litigation that the 1998
Settlement did not preclude Waste Management from constructing or operating a waste
transfer station and asserted instead that the 1998 Settlement only precluded Waste
Management from seeking to expand horizontally or vertically the footprint of the
Landfill (as hereinafter defined) at the Facility and
WHEREAS, the Plaintiffs, and Waste Management have agreed to settle and
compromise the clauns asserted in the Litigation in order to avoid the risks, expense
and uncertainties of the Litigation and to agree that Waste Management may seek to
construct a waste transfer station at the Facility provided it is designed, constructed,
maintained and operated in strict accordance with this Settlement;
2
NOW THEREFORE, in consideration of the premises and of the
representations and mutual covenants set forth below the parties represent, promise
and agree as follows
1 Yri addition to the terms otherwise expressly defined herein, the following
terms shall have the following meanings.
(a) `Renewable Energy Facility" shall mean and refer to the landfill gas
energy facility described in paragraph 7 hereof;
(b) `Facility" shall mean and refer to the land described in Exhibit A hereto
totaling approximately 325 acres,
(c) `Landfill" shall mean and refer to the 224 76 acre tract utilized as a
municipal solid waste landfill depicted on Ex. B and operated by Waste
Management at the Facility pursuant to the Permit;
(d) `Permit" shall mean and refer to Permit No MSW 1019A issued by the
TCEQ, and
(e) `Waste Transfer Station shall mean and refer to the waste transfer
station contemplated in paragraph 13 of this Settlement with the
hmitahons specified in this Settlement.
2. Waste Management shall not accept waste for disposal in the Landfill or
allow waste to be deposited in the Landfill after the earlier of 12 00 p.m., March 31
3-
2007 or the time and date on which the volume of trash in the Landfill equals the
capacity allowed under the Permit. Thereafter Waste Management shall promptly
initiate and complete such steps as are required under the Permit, applicable law and
applicable regulations to close permanently the active operations (placement of waste
and associated activities) at the Landfill. Except for the Landfill operations
contemplated by this paragraph, the Waste Transfer .Station operations contemplated
by this Settlement and the operations and activities set forth in Paragraph 10 of this
Settlement, Waste Management shall not otherwise conduct any trash operations,
business operations or other commercial business of any kind on, at or in the Landfill.
3 Within sixty days from the date Waste Management executes this
Settlement, it shall, at its sole cost, expense and nsk, file such matenals or applications
as are necessary to obtain any and all regulatory approvals necessary to convert the
existing gas flare at the Facility to an enclosed flare" so that during routine operations
a visible flame will not be produced. Waste Management shall use its best efforts to
expedite the filing and pursue any and all regulatory approvals and shall promptly upon .~
obtauung such approvals, convert the existing gas flare at the Facility to an enclosed
flare" so that during routine operations a visible flame will not be produced. In the
event any gas flares are added or installed at the Facility after the date of the
Settlement, any such flares shall be sunilarly enclosed flares" when installed.
-4-
4 On or pnor to December 31 2007 the area of the Facility currently
utilized by Waste Management as a `borrow prt" shall be graded by Waste
Management so that any runoff will drain to the southeast corner of the pit as depicted
ul Ex C. As soon as practicable, Waste Management shall also restore the surface
above the projected water line of the `borrow" prt and seed with a combination of
Indian grass, big bluestem, sideoats gramma, and Illinois bundleflower on the restored
surface.
5 Within 60 days of the date of this. Settlement, so long as the Landfill
remains open, or if Waste Management constructs and operates the Waste Transfer
Station contemplated in paragraph 13 hereof, until Waste Transfer Station operations
cease, Waste Management shall institute and thereafter continue a daily litter control
program to pick up trash and litter ul the area bounded by the north side of Interstate 30
on the South, to the property line for the pnvate property on the North, and extending
„~
truiii uic Gov c~l~ uit uic wwwv~.uiu izulw ~i uuci~i.a~c ~v ~u uic ~aSt, t0 a point 300
yards past the western boundary of the Facility on the west. The area presently set out
in the Landfill Site Operating Plan shall also be included m this litter control program.
6 Waste Management presently utilizes a building at the Facility for
maintenance ("Maintenance Building"). Prior to closure of active operations at the
5-
Landfill, as contemplated by paragraph 2 hereof, the Maintenance Building may be
used only to maintain only the following vehicles or equipment:
(a) earth moving and trash moving equipment (other than trucks, tractors or
trailers used to haul waste) that, for the thirty days pnor to maintenance,
were used pnmarily at the Landfill for Landfill operations,
(b) any automobiles or pickup trucks with a capacity of one ton or less (other
than trucks, tractors or trailers used. to haul waste) that, for the thirty days
pnor to maintenance, were used pnmarily in connecrion with Landfill
operations,
(c) any vehicles (other than .trucks, tractors or trailers used to haul waste)
that, for the thuty days pnor to maintenance, were used pnmarily in
connection with the Renewable Energy Facility
(d) any tractors ,mowers and other sunilar equipment that, for the thirty days
pnor to maintenance, were used pnmarily m connection with mowing
grass at the Facility•
(e) any equipment that, for the thirty days pnor to maintenance, were used
pnmarily for road maintenance or road cleaning for roads located on the
Facility and
-6-
an vehicles or a ui m nt er
{f) y q p e (oth than trash trucks, trash trailers or
transfer tractors and trailers) that, for the thu-ty days pnor to maintenance,
were used primarily un connection wnth the operations contemplated by
the Waste Transfer Station.
After the Landfill stops accepting waste for disposal m the Landfill, as contemplated
by paragraph 2 hereof, the Maintenance Building may be used only to maintain the
following vehicles or equipment:
(g) any vehicles that, for the thirty days pnor to maintenance, were used
primarily for closure .and post-closure activities associated wrath the
Landfill,
_ (tin} any vehicles that, for the thirty days pnor to maintenance, were used
primarily m connection with the Renewal Energy Facility
(i) any tractors, mowers and other similar equipment that, for the thirty days
pnor to maintenance, were used primarily un connection vv~th mowing
grass at the Facility
_ (j) any egwpment that, for the thirty days pnor to maintenance, were used
primarily for road maintenance or road clearing for roads located on the
Facility and
7
(k) any vehicles or equipment (other than trash trucks, trash trailers or
transfer tractors and trailers) that, for the thirty days pnor to maintenance,
were used pnmarily in connection with the operations contemplated by
the Waste Transfer Station.
At no tune shall the Maintenance Building be used to clean, repair or maintain any
other equipment utilized in connection with waste collection, waste transfer landfill
operations (subject to the allowed uses set forth in this paragraph 6), or the repau- or
maintenance of dumpsters. Notwithstanding the foregoing, Waste Management shall
not use the Maintenance Building to maintain or repair any vehicles used for the
collection of waste or vehicles used to Haul waste from the Waste Transfer Station
except in case of emergency service needs for such vehicles or other vehicles that have
been servicing the Facility for less than 30 days. Within thirty days from the date of
execution of this Settlement, Waste Management shall clean up :the area around the
Maintenance Building and remove any~unk, obsolete parts and matenals or other items
not reasonably necessary to the maintenance activities contemplated by this paragraph
6 Withal thu~ty days from the date on which Waste Management commences use of
the Waste Transfer Station contemplated in paragraph 13 hereof, Waste Management
shall repaint the extenor of the Maintenance Building to match the color of the extenor
of the Waste Transfer Station.
-8-
~~
7 Waste Management may install, and Plaintiffs will not oppose the pars it
and construction of, a Renewable Energy Facility adjacent to the Landfill to utilize,
process andlor deliver gas produced from the waste deposited in the Landfill. The
Renewable Energy Facility shall be located in close proxunity to the flare existing at
the time of execution of the Settlement, unless otherwise agreed to ui wntuig by Walsh
and Waste Management. Waste Management agrees to provide a copy of the design of
the Renewable Energy Facility to Walsh, including the specifications for sound-
proofing. The design will be in accordance with the overall intent of this Settlement
r
~~ ~~
that the noise levels shall not exceed the standards set forth in paragraph To th~ ~ aa
~r
extent that Walsh has any objections to the specifications for sound-proofing, it shall. D
notify Waste Management and the parties agree to use their best efforts to resolve any
such ob~echons. The color and texture of the Renewable Energy Facility as well as the
landscaping around its exterior must be approved in writing in advance by Walsh.
Any Renewable Energy Facility must be designed and constricted to meet any
applicable governmental laws, rules, regulations or codes and the walls of such
Renewable Energy Facility shall be the same color and texture as the Waste Transfer
Station contemplated in paragraph 13 hereof.
~ 8 Waste Management has obtained the Registration and has applied for a
zonuig change, site plan approval and a building permit (the `WTS Governmental
9-
Approvals") for a waste transfer station at the Facility Except for earthwork,
imgarion and drainage work and landscaping that is not inconsistent with the design of
the Waste Transfer Station contemplated herein, Waste Management shall not attempt
to pursue, construct or operate the waste transfer station as contemplated by the
Registration but instead, shall promptly at its sole cost, expense and nsk, take such
steps as are necessary to amend, modify and supplement one or more of the WTS
Governmental Approvals or if and to the extent necessary file one or more new WTS
Government-Approvals, so that any of the needed WTS Governmental Approvals, and
any other needed regulatory municipal or governmental approvals shall stnctly
conform to the specificarions and operations for the Waste Transfer Station
contemplated in this Settlement. The Plaintiffs acknowledge that Waste Management
shall amend the existing building permit application which is currently under review by
the City of Fort Worth to comply with the design of the Waste Transfer Station. Waste
Management shall incorporate the relevant teens of this Settlement in any of the
foregoing WTS Governmental Approvals that Waste Management pursues in
connection with the Waste Transfer Station. The Plainriffs agree that so long as Waste
Management complies with the terms of ttis Settlement, it will assist and not oppose
Waste Management in obtaining any such approvals. Waste Management shall not at
any rime seek any permits, or other regulatory or governmental approvals, including
10-
any modifications or amendments thereto contrary to the terms of this Settlement, or
for any other transfer station, landfill or trash operation at or within 5 miles of the
Facility At the time Waste Management files or applies for any WTS Governmental
Approvals for the Waste Transfer Station, true and complete copies of each
application, filing, petition or request (including all attachments, exhibits and
appendices) (collectively `Filings") shall be mailed by first class mail to Walsh, c/o G
Malcolm Louden, 500 West 7`h Street, Suite 1007 Fort Worth, Texas 76102.
Plaintiffs aclaiowledge that, upon receipt of any WTS Governmental Approvals
pursuant to the Filings, approval by Walsh shall not be required to maintain
compliance with such WTS Governmental Approvals. In addition, Walsh approval
shall not be required in the event that any Governmental Entity havirig~unsdiction over
the Facility requires Waste Management to perform some act to comply with a rule or
regulation of that Governmental Entity
9 The Waste Transfer Station contemplated in paragraph 13 hereof shall be
deemed to commence operations at 12:00 noon on the day the first transfer vehicle
leaves the Facility with trash transferred to it from the Waste Transfer Station. Waste
Management shall stop accepting all waste and forever cease all operations at the
Waste Transfer Station on or before March 31 2017
11
10 Notwithstanding any other term or provision in this Settlement to the
contrary the only operations or activities (which shall. include the support activities
relating to such operations or activities) of any kmd that may be conducted at the
Facility from and after the date of the Settlement shall be
(a) use of the Facility as a Landfill pursuant to the Perrmt until capacity
under the Perrrnt is reached but not later than March 31 2007
(b) the Waste Transfer Station,
(c) closure and post-closure activities associated v~nth the Landfill,
(d) the flariig of gas generated from the Landfill,
(e) the Renewable Energy Facihty•
(f) the installation and/or maintenance of bike trails, wallang trails, parks,
recreational areas or other public uses at or on the Facility
(g) any mowing, landscaping, watering or upkeep of the Facility to the extent
expressly perirutted or contemplated ii tYus Settlement;
(h) the exploration, production and transportation of oil, gas and other
hydrocarbons producible through a well bore; and
(i) any envu~onmental compliance activities required by the Pernut,
applicable laws or regulation.
' 12
11 During the penod of time ui which Waste Management may operate the
Waste Transfer Station at the Facility Waste Management shall not park or store any
equipment not used exclusively inside the Waste Transfer Station, used pnmarily for
closure and post-closure activities at the Landfill, or used pnmarily for road cleaning at
the Facility or store or park trucks, trailers, collection trucks, or transfer trucks at or on
the Facility dunng the hours the Waste Transfer Station is closed except for one
transfer tractor/trailer in each tunnel.
1~2 Waste Management agrees that 90 days after Waste Management
corrunences operation of the Waste Transfer Station and continuing on the third
Thursday of each quarter thereafter until the Waste Transfer Station closes, the
Director of Landfill Operations for the North Texas Market Area (or its successor) on
behalf of Waste Management shall hold a meeting with Walsh at 6 00 p.m. at a place
in close proximity to the Facility Waste Management shall send a quarterly wntten
notice at least 7 days pnor thereto to Lee M. Bass, Suzanna Brown Tousel, Martha V
Leonard, and to the current President of the Lost Creek, Linkwood, Chappell Creek
and El Rancho homeowner associations, each of whom shall be invited to attend such
meeting. At such meeting, Waste Management shall have available for review and
discussion the information described on Exhibit D hereto In addition, Waste
Management agrees to use reasonable efforts to produce at the meeting other
13-
information that may be reasonably requested by Walsh, including information
pertaining to the operations of the Waste Transfer Station, the operations of the
Landfill, and. closure and post-closure activities associated with the Landfill. The
information to be provided shall not include any tax or financial information or other
confidential or propnetary mfonnation (e.g. customer information) At such meeting,
in the event any participant makes a wntten recommendation or suggestion in
connection with Waste Management's obligations in this Settlement, the Director of
Landfill Operations for the North Texas Market Area shall promptly forward any such
recommendation or suggestion to the General Manager for Waste Management's
North Texas market area with a copy to the Senior Vice President for Waste
Management's Southern Group, and Waste Management shall promptly provide a
wntten response to Walsh.
13 The Waste Transfer Station to be constructed at the Facility must be
designed and constructed as a `State of the Art" Urban waste transfer station (i.e. its
current design as modified by this Settlement}, and it shall be operated and maintained,
in accordance with each of the following:
(a) the drawing attached as Exhibit E hereto
(b) it must be a fully enclosed, four-sided bnck and/or metal structure with
no truck doors on the south side except for the two tunnel doors and no
14-
truck doors on the east or west sides with roll up doors on the north side,
as more fully depicted in Exhibit E. There shall be no windows. The
walls and ceiling shall be insulated to absorb sound,
(c) the Waste Transfer Station shall contain a rriisting system with deodorants
to mask or neutralize odor The system shall also be designed to control
dust generated at or over the tipping area. Waste Management shall
maintain the system in good working order and adjust the system as
necessary to control odor and dust;
(d) the Waste Transfer Station shall have at least four exhaust fan systems,
each with filters, to help control odor and dust. Waste Management shall
mauitaui those systems in good working order at all times,
(e) if the systems described in (c) and (d) above do not sufficiently control
odors (as identified by accepted odor measurement standards) and dust
from rrugration outside the Facility then Waste Management shall install
and maintain in good working order plastic curtains on the entrance to the
Waste Transfer Station. If those additions still do not, in the reasonable
judgment and discretion of Walsh, solve the problem, Waste
Management agrees to use its best efforts to design and install such other
and further modifications and systems as maybe necessary•
1~-
(f) any roads utilized for the Waste Transfer Station shall first be paved with
either concrete or asphalt and thereafter maintained in good condition so
long as the Waste Transfer Station operates All such roads shall be
cleaned regularly by a street sweeper that will use sufficient amounts of
water to nununlze dust; and
(g) Waste Management shall install and maintain m good condition a six foot
chain luck fence that shall run from the southwest corner of the Waste
Transfer Station around the west, north and east sides of the Waste
Transfer Station to the southeast comer in order to try to control
windblown waste, as depicted on the attached drawing (Exhibit F)
14 Waste Management shall lirrnt the operations of the Waste Transfer
Station contemplated in paragraph 13 hereof in each of the following respects.
(a) there shall be no operations at the Waste Transfer Station on Sundays,
(b) subject to the exception set forth below relating to an emergency many
month, the maximum volume of waste that can be transferred through the
Waste Transfer Station shall be that sum computed by multiplying 2300
tons times the number of days in the month excluding Sundays. Waste
Management shall deliver to Walsh at its offices on or before the 15th
day of .each month dunng which the Waste Transfer Station is in
16-
operation a report of the daily volumes of trash weighed in by Waste
Management at the Waste Transfer Station for the previous month.
Waste Management shall be allowed to exceed the limits set forth in this
paragraph ui the event of an emergency due to act of God that affects
Parker or Tarrant County Texas Under no other circumstances shall
Waste Management ever exceed the limits set forth in this paragraph,
(c) any loaded waste vehicles entenng the Facility-that contain unsecured or
uncovered non-municipal loads, shall be assessed a service fee (not less
than any such fees currently charged) and Waste Management must
assess such fee at the time any such vehicle first enters the Facility
Notwithstanding the foregoing, Waste Management shall not assess a
service fee for trucks carrying soil to the Landfill pnor to completion of
the Landfill s closure;
(d) the doors shall remain closed at all times when the Waste Transfer Station
is closed. When the loading tunnels are in use, one door of each tunnel
shall be closed. Dunng the time specified in subparagraph (f) below
only those doors necessary to accommodate truck volumes will remain
open,
17
(e) all vehicles controlled by Waste Management contaiing alarms that
engage when the truck is backing up will be adjusted at the lowest legal
level allowed by government rules or regulations,
(f) the Waste Transfer Station may operate from 1.00 a.m. to 9.00 p.m.
Monday through Fnday and from 1.00 a.m. to 3.00 p.m. on Saturdays,
(g) no waste shall be stored at the Waste Transfer Station for more than 24 -~ Z
hours,
(h) the tipping floors at the Waste Transfer Station shall be swept and
cleaned on a daily basis and the intenor of the Waste Transfer Station
will be cleaned on a regular basis;
(i) Waste Management shall use best efforts to control vectors, vermin, buds
and other pests, including utilizing professionally licensed pest control
companies,
(j) Waste Management shall not allow vehicles seeking to enter the Facility
to use the Waste Transfer Station to queue on public roads adjacent to the
Facility
(k) Waste Management will use its best efforts to ensure that all trucks,
trailers or other vehicles hauling waste are leak proof to nrinirrize spills
of liquids,
18-
(1) no waste shall be loaded, unloaded or stored outside of the Waste
Transfer Station, and
(m) Waste Management shall not operate a Matenal Recovery Facility or
other trash recycling operations (collectively `MRF") at the Facility
15 Waste Management shall engage a professional lighting consultant to
prepare a lighting plan m order to muurruze light pollution from the Facility and to
muurruze any bnght lights sluiung away from the Facility
16 As soon as practicable, Waste Management shall present to Walsh a
landscaping plan that shall not only contemplate landscaping for the entrance to the
Waste Transfer Station but also landscaping around the Maintenance Building, any
~,
~.
improvements associated with the flares and landscaping to soften the impact of the
Landfill, subject to capping iinutations, when viewed from the west. Such plan shall
provide. for dirt work and use of mature bushes and trees to rrutigate noise and screen
the Waste Transfer Station, the Maintenance Building, the Renewable Energy Facility
and any flares. Such plan shall also include landscaping associated v~nth the Waste
Transfer Station that includes but is not hnuted to grass, flowers and mature bushes,
and trees. Walsh shall not unreasonably v~nthhold approval of such plan provided the
foregoing terms are met. All landscaping and plantings made pursuant to the plans
19-
shall be properly maintained and watered by Waste Management and replaced when
necessary
17 In the event Waste Management does not for any reason construct the
Waste Transfer Station contemplated in paragraph 13 of this Agreement, Waste
Management agrees to meet and work with Walsh to develop promptly a plan to allow
for the conversion, by an entity other than Waste Management, of that portion of the
Facility other than the Landfill, to community use. In the event Waste Management
does construct the Waste Transfer Station, at least six months pnor to closure of the
Waste Transfer Station, Waste Management shall meet and work with Walsh to
develop a plan to allow for the conversion,, by an entity other than Waste Management,
of that portion of the Facility other than the Landfill, to community use. Waste
Management will use its best efforts to make that portion of the Facility other than the
Landfill available for use as a park, recreational areas, conservation areas, bike trails
and/or walking trails or other similar public uses, provided, however that no such uses
interfere with Waste Management's post-closure obligations at the Landfill or other
activities that are expressly allowed pursuant to this Settlement. Waste Management
reserves the nght to deed all or any portion of the Facility property to the City of Fort
Worth or a not for-profit real estate conservation organization for such conversion so
long as such uses are preserved.
20-
18 Waste Management agrees that the noise levels associated with any
routine operations at the Facility shall not exceed an hourly average of 50 decibels in
the A weighted scale ("50 dBA') at the penmeter of the Facility Momentary
accidental and non routine decibel spikes may occur but Waste Management shall
implement practices to avoid the same, and the hourly average may not be used to
allow for repetitive, routine or standard operational noise at decibels above the 50
dBA. In the event that any routine operations, after first excluding any background
decibels in the A weighted scale (including Interstate 30 noise), exceed 50 dBA as
referenced above, and Walsh objects to such excess, Walsh and Waste Management
shall work together to identrfy additronal technology and/or corrective steps td address
the source(s) of the excess, and Waste Management shall install the technology and/or
take corrective steps required to eliminate the source of the excess Notwithstanding
the foregomg, within thirty days of the execution of this Settlement, Waste
Management shall measure the existing flare's decibel level at a point at or within 100
feet of the flare, and a copy of the report shall be promptly provided to Walsh. That
report shall establish the allowable decibel level for the flare. In no event shall the
replacement enclosed flare exceed the decibel level of the existing flare at the same
measurement point. If the enclosed flare causes the decibel levels to exceed 50 dBA at
the penmeter of the Facility then Waste Management shall take steps to mitigate the
-21
decibel level. Any other flares that may be installed at the facility shall be required to
meet the 50 dBA limitation at the penmeter of the Facility
19 Waste Management agrees that its improvements existing at the Facility
or any improvement that it is expressly permitted to later add to the Facility pursuant to
this Settlement shall be maintained in good condition at all times. Waste Management
shall promptly install and maintain bird-deterrent measures on the Maintenance
Building and on the Waste Transfer Station.
20 Any existing roads, turning areas or parking areas, or any future roads,
turning areas or parking areas, used for the Maintenance Building, the Waste Transfer
Station or the Renewable Energy Facility shall be paved with concrete or asphalt and
maintained in good condition at all times.
21 The parties further agree that where this Settlement provides for approval
by Walsh or by Waste Management, that approval shall not be unreasonably withheld.
22. Waste Management acknowledges that the covenants contained in this
Settlement were matenal inducements to the Plaintiffs to entenng into this Settlement.
Waste Management further agrees that in the event of any matenal breach of any of the
covenants contained in this Settlement that Walsh shall be entitled to seek, and to
obtain, such temporary restraining orders, temporary m~unctions or permanent
injunctions as may be necessary to remedy any such breach and to require Waste
22
Management to specifically perform its covenants in this Settlement. Waste
Management aclmowledges and agrees that m the event of a matenal breach of any
term or provision of this Settlement, Walsh shall thereby suffer irreparable harm, and
that Walsh will not have an adequate remedy at law Waste Management further
agrees that Walsh shall not be required to post any bond that otherwise might be
required under applicable law
23 Each of the covenants set forth in this Settlement shall be performable in
Fort Worth, Tarrant County Texas. The parties further agree that any action related to
or ansing out of tlus Settlement, including any action to enforce the terms or provisions
of the Settlement, shall be brought in a State Distract Court of Tarrant County Texas.
24 In the event that Plainriffs or Waste Management deternune that the other
party (the `Receiving Party") has breached this Settlement, such deterrnmmg party
shall provide a wntten nonce to the Receiving Party describing the nature of the breach
(the `Breach Notice") If the Receiving Party does not dispute such breach, the
Receiving Party shall have 10 days to cure the same and shall promptly provide wntten
nonce to the other party upon complerion of such cure. If such breach cannot be cured
within 10 days, the Receiving Party shall so notify the other party in wnring, and shall,
vv~thin 10 days of receipt of the Breach Notice, con~rnence diligent efforts to remedy
such breach and conrinue such efforts until remedied. In the event that the Receiving
23-
Party disputes the nature or existence of the breach as set forth in the Breach Notice,
the dispute shall be resolved in accordance with the provisions of Paragraph 23 above.
The foregoing provisions of tlus paragraph shall in no event apply to any violation or
breach of the covenants set forth in paragraph 8 of this Settlement.
25 Upon execution of this Settlement by the Parkes, the Plaintiffs shall have
fully and forever discharged, released and acquitted Waste Management, its parent, its
affiliates and each of their respective officers, directors and employees, uicluding their
attorneys, from any and all claims, demands or liabilities that were asserted ui the
Litigation or that could have been asserted to prevent Waste Management from
constructing a waste transfer station at the Facility based upon acts or onussions
occumng pnor to the effective date of this Settlement (the `Released Claims")
Plaintiffs represent and warrant to the best of their actual knowledge that, other than
the Released Claims, they are not aware of any claims they may have against Waste
Management other than claims or liabilities ansing out of complaints filed with any
administrative agency or municipality pnor to the date on which Plaintiffs execute the
Settlement. Accordingly the Released Claims shall not include•
(a) any claims that anse out of complaints filed with any administrative
agency or municipality pnor to the date on which Plaintiffs execute the
Settlement;
24-
(b) any claims related to or ansing out of any pollution, including by way of
illustration but not lirriitahon, claims for surface water contamination,
,ground water contamination, or sub-surface contamination,
(c) any claims or complaints associated with the Landfill, any operations at
the Facility or the Waste Transfer Station that anse after execution of
this Settlement; and
(d) any claims or complaints associated with the failure of Waste
Management to conduct operations at the Facility in accordance with the
Permit, any WTS Governmental Approvals, any regulatory approvals
otherwise procured or obtained pursuant to this Settlement, or the
Settlement.
26 Upon execution of this Settlement by the Parkes, Waste Management
shall have fully and forever discharged, released and acquitted Boothe, her husband,
Landgraf, his wife, Jefferson, his wife, Wohler and Walsh, including any general
partners or limited partners of Walsh and their respective officers or representatives,
including their attorneys, from any and all claims, demands or liabilities that were
asserted in the Litigation or that could have been asserted agaunst them, including any
claims based upon any act or orriission associated with efforts to prevent Waste
Management from constructing a waste transfer station at the Facility
25-
27 Within seven days of execution of the Settlement, the Parkes shall file a
joint motion to dismiss the Litigation with prejudice with each party to bear its own
expenses, costs and attorneys fees and to request prompt entry of the proposed Order
of Dismissal attached as Exhibit G
28 Upon execution of this Settlement, Waste Management shall deli~er t~
Walsh a fully executed and acknowledged Memorandum in the form of Exhibit~tha~
~ ~~
shall be recorded in the Deed Records of Parker County and Tarrant County Texas:
29 Upon execution of this Settlement, Waste Management shall delivery to
Walsh a Resolution of its Board of Directors in form and substance reasonably
satisfactory to Walsh that shall confirm that Waste Management has authonty to enter
into this Settlement.
30 The Parkes agree that they shall, upon reasonable request, execute,
acknowledge and deliver such other instruments, agreements or consents as may be
necessary to implement the provisions of this Settlement. It is further understood and
agreed that this Settlement contains the entire agreement and understanding between
the parties hereto and supercedes any and all pnor stated or wntten agreements
between them concerning the subject matter hereof, excepting only the 1998
Settlement Agreement. There are no representations, agreements, arrangements or
-26-
understandings, oral or wntten, between the parties relating to the subs ect matter herein
contained which are not fully expressed in the .Settlement.
31 The terms and provisions of this Settlement, and. the drafting of this
Settlement, have been drafted and negotiated by the Parkes at arms length and no party
shall be deemed to be scnvener of this Settlement.
32. This Settlement may only be amended or modified by a wntten instrument
that has been executed by Walsh and by Waste Management without the joinder of
Boothe, Jefferson, Landgraf or Wohler
33 This Settlement may be assigned by Walsh to a successor in interest to
Walsh, other than to (i) a competitor of Waste Management or (ii) any party that
purchases a lot or home owned or developed by Walsh or an affiliate thereof. This
Settlement may not be assigned by Waste Management without the pnor wntten
consent of Walsh. Waste Management may not lease the Facility or any portion
thereof without pnor wntten consent from Walsh. In the event of any assignment or
lease, or any other transaction by which control of the Facility or any portion thereof,
is transferred, the terms of this Settlement shall be binding upon and inure to the
benefit of any such successor lessee or assignee but shall not relieve Waste
Management of its duties under the Settlement.
27
34 Waste Management represents that it has the full power nght and
authonty to enter into this Settlement and that entenng into the Settlement will not
constitute a breach of any covenant, warranty or representation concerning all or any
part of the Facility
35 Any notice, request, demand, or other communication under this
Settlement shall be sent in venting as follows
(a) if to Waste Management, via (i) certified or registered mail, return receipt
requested, (ii) confirmed facsimile transmission, or (iii) hand delivery or
overnight courser service to Ann Reeves, North Texas Market Area
Vice-President, .16000 South Railroad, Lewisville, Texas 75057 (972)
459-1690 with a copy to John Van Gessel, Group General Counsel,
Waste Management, Inc 2859 Paces Ferry Road, Suite 1600 Atlanta,_
Georgia 30339 (770) 805-8485
(b) if to Walsh, via (i) certified or registered mail, return receipt requested,
(ii) confirmed facsimile transmission, or (iii) hand delivery or overnight
courser .service to G Malcolm Louden, Walsh Ranches Limited
Partnership, 500 West 7`~ Unrt 27 Fort Worth, Texas 76102, (817) 338-
4844
28-
Such notices shall be deemed given (i) at the time delivered to the recipient by hand or
by overnight courser (ii) at the time received if delivered to the recipient by certified or
registered mail, (iii) upon confirmed receipt if delivered by facsimile.
PLAINTIFFS
J-s~~
BET OOTHE
~~
DAVID LANDGRAFyF
~"
K JEy~~~E N
DEFENDANT
WASTE MANAGEMENT
WASTE MANAGEMENT OF TEXAS,
INC
BY ,~~~ - ~-~~
ANN REEVES North Texas
Market Area Vice-President
FRANCES WOHLER
WALSH RANCHES LIMITED PARTNERSHIP
BY
G MALCOLM L N President
Walsh North Star Company General
Partner
29-
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this ,~ dayofOctober 2004,
SANDRA D BURGESS
Notary Public
STATE OF TEXAS
My Comm Exp 10/2512005
1
Notary Public - State o Texas
THE STATE OF TEXAS §
COUNTY OF Tt~-RRANT §
This instrument was acknowledged before me on this ~~ayofOctober 2004,
by DAVID ~A~T~CRAF:~~~.
SAiVDnA 0uilii =E ~/
~~ c.= ° Y.. -,~~ • ~ Nota Public a
`~ EN~~~~ ' ~ -STATE OF TEXAS ~, C..~~-G~ L L~ ~ (.U-'tC- ~;1t-~
~; ~.. ~"~~' PAy Comm Exp 10.'2512005 ~~
~; ~ ,; Notary Public -State of exas
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this day of October, 2004,
by JACK JEFFERSON
- ~ /~ ¢.~/
Notary Public - State o Texas
T ~~
S,~
30-
THE STATE OF TEXAS §
COUNTY OF T~~RRP,NT §
~~
This instrument was acknowledged before me on this /~ day ofOctober, 2004
by FRANCES WOHLER
,r o ~,~~ /~/~~
l ` NUtary ~~ ~/~V(il/`C ~ ~ ~ G
~`' '~ STATE OF T'~;~ S Not Public -State of exas
STATE OF TEXAS §
COUNTY.- OF TARRANT §
Tlis instrument was acknowledged before me on this 1 STNday of October
2004 by G MALCOLM LOUDEN acting in hus capacity as President of Walsh
North Star Company General Partner for Walsh Ranches Lumted~Partnership
r~ ?~: JUDY D EAGLE ~ (/
~*~, ~,,*; NOTARY PUBLIC
N~,~ i~; State of Texas Not Pu he -State f Texas
''F~~~Comm. Exp. 12-28-2007
STATE OF TEXAS §
COUNTY OF TARRANT §
Tlis instrument was acknowledged before me on ttus~ day of October
2004 by ANN REEVES, acting in her capacity as North Texas Market Area Vice-
President on behalf of Waste Management of Tex ,Inc
=o1~"1P.~~,~ JUDY D EAGLE
~'t~ NOTARY PUBLIC NO P bhc -State f Texas
u~ ~ J State of Texas
'~~~' Comm. Exp. 12-28-2007
31
EXHIBITS TO COMPREIiENSIVE SETTLEMENT AGREEMENT
Exhibit A. Legal description of the 325 acre Facility
Exhibit B Boundary survey and legal description for the 224 76 acre Landfill
Exhibit C `Borrow Pit" located at the Facility
.Exhibit D Materials to be made available at quarterly meetings
Exhibit E Drawing of Waste Transfer Station
Exhibit F• Drawing of chain link fence for the Waste Transfer Station
Exhibit G Joint Motion to Disiruss the Litigation
Exhibit H: Memorandum of Agreement Restnchng Use of Land
EXHIBIT A TO COMPREHENSIVE SETTLEMENT AGREEMENT
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EXHIBIT B TO COMPREHENSIVE SETTLEMENT AGREEMENT
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PKT 500 0 500 looo isaa
KP[S CIM INOCN N' MACS
NANAGCNCMT D' TE71AS. 1T1C. LEC
ra. zoe. cmt ~• ~• cD" GRAPHIC SCALE FEET
MAIN TRCCT SUITC
ftilT YpRrN. 102
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224 76 ACRE TRACT r~ "["['
VESTSIDE RECYCLING AND DISPIISAL FACILITY J YG1.. Ta~~. -~• ca
KEm. 7ARRANT CUt1NTY TExA2 ~ct+
,. 9"~ ~ 1'9rlf .20'
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ft7tT I.plTN. GtA2
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x Pecs
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TF,S R1NGS DON THE TEXAS STATE PLANE ~ sewzy
t.~u6ntulnwfL NORTH Rf~ ONE) -NAD 92T _ nSd
"" -OUSTQI. C%Pf
ENOTES TARRANT COUNTY EED ~ S
NO IMPROVEMF,NTS OR EASEMENTS SN01M
ON THE GROUND NOY JAN 996
• ~~~ BOUNDARY SURVEY AND LEGM. DESCRIPTIW
~~ 224 76 ACRE TRACT
1N THE
1
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J BURLESON SURVEY A-78
J JOHNSON SURVEY A-B71
TARRANT COUNTY TEXAS
MARTIN SURVEY ASSOCIATES INC
t~~q ... U-S1MY. SUfTt 101
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EXHIBIT C TO COMPREHENSIVE SETTLEMENT AGREEMENT
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EXHIBIT D TO COMPREHENSIVE SETTLEMENT AGREEMENT
EXHIBIT D
MATERIALS TO BE MADE AVAILABLE AT QUARTERLY MEETINGS
Waste Management's Monthly Transfer Station Tonnage Report for the Waste Transfer
Station.
2. Any notices received from any governmental agency or governmental authority within the
preceding quarter pertaining to the Facility where the notice involves any alleged non-
compliance with any regulation, rule, law permit or registration.
3 Any complaints received by Waste Management within the preceding quarter pertaining to
any operations at the Facility
4 Any non-voluminous reports pertaining to the Landfill, the Renewable Energy Facility or
the Waste Transfer Station that have been filed within the preceding quarter by Waste
Management with the TCEQ or any other agency having ~unsdiction over any operations
at the Facility Any other filed reports will be maintained and available for review at the
Facility dunng reasonable business hours.
EXHIBIT E TO COMPREHENSIVE SETTLEMENT AGREEMENT
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EXHIBIT G TO COMPREHENSIVE SETTLEMENT .AGREEMENT
EXHIBIT G
NO 236-193455-02
FRANCES WOHLER,
BETTY BOOTHS,
DAVID LANDGRAF
JACKJE.FFERSON and
WALSH RANCHES LdMITED
PARTNERSHIP
Plaintiffs,
v
WASTE Mt~NAGE:MF,N'T
OF TEXAS, INC.,
Defendant
IN THE DISTRICT COURT
TA~RRAN'T COUNTY TEXAS
236'` JUDICIAL DISTRICT
JOINT MOTION TO DISMISS WITH PREJUDICE
Come now plaintiffs and defendant and~ointly move the Court to dismiss with prejudice this
cause in rts entirety with each party to bear its own expenses, costs and attorneys' fees. As grounds
therefore, the parties would show the Court that they have entered into a Comprehensive Settlement
Agreement resolving the disputes asserted in this litigation.
WHEREFORE; the parties urge the Court to enter an Order dismissing this cause with
prejudice with each party to bear rts own expenses, costs and attorneys' fees.
RALPH H. DUGGINS
State Bar No 06183700
BRIAN C. NEWBY
State Bar No 14947320
SCOTT A. FREDRICKS
State Bar No 24012657
Cantey & Hanger L.L.P
801 Cherry Street, Unit #2
Fort Worth, Texas 76102
(817) 877 2800
(817) 877 2807 Fax
ATTORNEYS FOR PLAINTIFFS
DAVID E. KELTNER
State Bar No 11249500
Jose, Henry Brantley & Keltner L.L.P
675 North Henderson Street
Fort Worth, Texas 76107
(817) 877 3303
(817) 338-9109 Fax
ATTORNEYS FOR DEFENDANT
2
EXHIBIT H TO COMPREHENSIVE SETTLEMENT AGREEMENT
EXHIBIT H
MEMORANDUM OF AGREEMENT RESTRICTING USE OF LAND
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS
COUNTIES OF PARKER & TARR.ANT§
On or about October , 2004 Waste Management of Texas, Inc., executed that
certain Comprehensive Settlement Agreement m which future use of the lands owned by Waste
Management of Texas, Inc. and described in Exhibit A hereto were forever and permanently
restncted m accordance with the terms thereof. The terms, mcludmg the restnchons on future
use of the lands, are incorporated into this Memorandum as if set forth fully herein. A copy of
the Comprehensive Settlement Agreement may be reviewed at the offices of Waste Management
at 3500 Linkcrest, Aledo, Texas 76008,
ANN I,. REEVES
STATE OF TEXAS §
COUNTY OF TA,RRANT §
This instrument was acknowledged before me on this day of October 2004 Ann
L. Reeves, acting in her capacity as Vice President, North Texas Market Area, on behalf of
Waste Management of Texas, Inc.
Notary Public -State of Texas