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ORDINANCE NO. / / -015�-
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE UNIFORM
FIRE CODE, 1991 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE-
ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN THE AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Article I of Chapter 29 of the Code of
Ordinances is amended to read as follows:
ARTICLE I. GENERAL PROVISIONS
Section 29-1. Uniform Fire Code -- Adopted.
There is hereby adopted by the City of Denton, Texas for the
purpose of prescribing regulations governing conditions hazardous
to life and property from fire and explosion, that certain Codes
and Standards known as the Uniform Fire Code, including Appendices
I-C, II-B, II-C, II-D, II-F, IV -A, IV-B, V-A, VI -A and VI-B, and
the Uniform Fire Code Standards, published by the International
Fire Code Institute and International Conference of Building
Officials, being particularly the 1991 editions thereof and whole
thereof, save and except such portions are hereinafter deleted,
modified or amended by Section 29-2 of this ordinance. A copy of
the Code and Standards are now filed in the office of the City
Secretary and the same are hereby adopted and incorporated as fully
as if set out at length herein, and from the date on which this
ordinance shall take effect, the provisions thereof shall be
controlling within the limits of the City of Denton and within
5,000 feet thereof, where specified therein.
Section 10-2. Amendments.
The Uniform Fire Code, as adopted in Section 29-1, is hereby
amended as follows:
A. By the deletion of the following sections in their
entirety:
1. Sec. 2.103, Fire Prevention Bureau
2. Sec. 2.104, Fire Prevention Engineer or Fire
Marshal
3. Sec. 77.104, Bond
4. Sec. 78.203 (c), Bond
B. By the amendment of the Uniform Fire Code as follows:
(1) The amendment of Section 2.109, Liability, by
adding a third paragraph which reads as follows:
All regulations provided in this Code are hereby declared
to be governmental and for the benefit of the general
public. Any member of the City Council, any city
official or employee, or any member of the Building Code
Board charged with the enforcement of this code, acting
for the City in the discharge of his duties, shall not
thereby render himself personally liable, and he is
hereby relieved from all personal liability for any
damage that may occur to persons or property as a result
of any action required or permitted in the discharge of
his duties. Any suit brought against such official or
employee because of such act performed by him in the
enforcement of any provisions of this Code shall be
represented by the City of Denton through its designated
attorney until the final adjudication of the proceedings.
(2) The amendment of the last sentence of section
2.102(b), Inspection and Unsafe Buildings to read
as follows:
All such unsafe buildings are hereby declared to be
public nuisances and shall be abated by repair,
rehabilitation, demolition or removal in accordance with
the procedures specified in the Minimum Housing and
Building Standards Code, Chapter 28 of the City of
Denton.
(3) The creation of a new section 2.201 (c) titled
Frequency of Inspection to read as follows:
The Fire Marshal or his designated representative shall
inspect at least twice annually all buildings or
premises, or portions thereof, used for nonresidential
group occupancies, including hotels, lodging houses and
congregate residences, as defined by the Uniform Building
Code, and at all other premises as may be necessary,
including such other hazards or appliances as the chief
may designate, for the purpose of ascertaining and
causing to be corrected any condition which would
reasonably tend to cause a fire or contribute to its
spread, or any violation of the scope of this Code, and
any other law or standard affecting fire safety.
(4) The amendment of Section 2.303, Board of Appeals,
to read as follows:
In order to determine the suitability of alternate
materials and types of construction and to provide for
reasonable interpretations of the provisions of this
Code, the Building Code Board as created and organized
under Chapter 28 of the Code of Ordinances shall pass
upon all pertinent matters. Whenever the Fire Marshal
disapproves an application or refuses a permit applied
for, or whenever it is claimed that the provisions of
this Code do not apply or that the true intent or meaning
of the Code have been wrongly misconstrued or wrongly
interpreted, the applicant may appeal from the decision
of the Fire Marshal to said Board within thirty (30) days
from the date of the decision appealed.
In addition to such Board, the Fire Marshal may request
the additional members be appointed for specific rulings
or interpretations. Such members shall be voting, ex-
officio members and appointed by the Chairman of the
Building Code Board to assist in the determination and/or
ruling of a specific issue or case. Such appointments
shall be temporary until the ruling is rendered. No more
than two (2) members shall be appointed, each having
experience in the matter of question. The Board shall
adopt reasonable rules and regulations for conducting its
investigation and shall render all decisions and finding
in writing to the Fire Marshal with duplicate copy to the
appellant and may recommend to the City Council such new
legislation as is consistent therewith.
(5) The amendment of Section 3.101, Unlawful
Continuance of Fire Hazard, to read as follows:
Any person operating or maintaining any occupancy,
premises or vehicle subject to this Code who shz�ll permit
any fire hazard to exist on the premises under his
control or who shall fail to take immediate action to
abate a fire hazard when ordered or notified to do so by
the chief or his duly authorized representative shall be
guilty of a separate offense for each and every day or
portion thereof which any violation of any of the
provisions of this Code is committed or continued. A
person convicted of a violation of any provision of this
Code shall be guilty of an offense punishable by a fine
not to exceed two thousand dollars ($2,000).
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(6) The amendment of Section 4.108, Permit Required, to
read as follows:
A permit shall be obtained from the bureau of fire
prevention prior to engaging in the following activities,
operations, practices or functions:
a.1. Automatic Fire Alarm Systems, Automatic Fire
Extinguishing Systems and Standpipe Systems.
To install, construct, modify or alter any
automatic fire alarm system, automatic fire
extinguishing system or standpe system; provided
however that the permit required herein shall not
apply to the installation of single -station smoke
detectors in R-1 and R-3 occupancies.
b.1. Bowling pin or alley refinishing. To conduct
a bowling pin refinishing or bowling alley
resurfacing operation involving the use and
application of flammable liquids or materials. See
Article 26.
0.1. Candles and open flames in assembly areas.
To use open flames or candles in connection with
assembly areas, dining areas of restaurants or
drinking establishments. For definition of
ASSEMBLY, see Article 9. See Article 25 for open
flames and candles.
c.2. Carnivals and fairs. To conduct a carnival
or fair. See Article 25. The chief is authorized
to require plans of the grounds to be submitted.
f.i. Fire hydrants and water -control valves. To
use a fire hydrant to operate a water -control valve
intended for fire -suppression purposes, see Article
10.
f.2. Fireworks. For permits for fireworks, see
Article 78.
f.3. Flammable or combustible liquids. See
Article 79.
A. To use or operate, repair or modify a pipeline for
the transportation of flammable or combustible
liquids.
B. To store, use or handle Class I liquids in excess
of 5 gallons or in a building or in excess of 10
4
gallons outside of building, except that a permit
is not required for the following:
(i) The storage or use of Class I liquids in the
fuel tank of motor vehicles, aircraft, motor boats,
mobile power plants or mobile heating equipment,
unless such storage, in the opinion of the chief,
would cause an unsafe condition.
(ii) The storage or use of paints, oils, varnishes
or similar flammable mixtures when such liquids are
stored for maintenance, painting or similar
purposes for a period of not more than 30 days.
C. To store, handle or use Class II or Class III -A
liquids in excess of 25 gallons in a building or in
excess of 60 gallons outside of a building, except
for fuel oil used in connection with oil -burning
equipment.
D. To remove Class I or II liquids for an underground
storage tank used for fueling motor vehicles by any
means other than approved, stationary on -site pumps
normally used for dispensing purposes.
E. To install, construct, alter or operate tank
vehicles, equipment, tanks, plants, terminals,
wells, fuel -dispensing stations, refineries,
distilleries and similar facilities where flammable
and combustible liquids are produced, processed,
transported, stored, dispensed or used.
F. To install, alter, remove, abandon, place
temporarily out: of service or otherwise dispose of
flammable or combustible liquids.
G. To change the: type of contents stored in a
flammable or combustible liquid tank to a material
other than that: for which the tank was designed and
constructed.
h.1. High -piled combustible stock. To use any
building or portion thereof exceeding 2,500 square
feet for high -piled combustible storage. A floor
plan showing the dimensions and location of
stockpiles and aisles shall be submitted with the
applications for such permits. See Article 81.
i.i. Liquid- or gas -fueled vehicles or equipment
in assembly buildings. To display, compete or
demonstrate liquid- or gas -fueled vehicles in
assembly buildings. See Article 25.
5
m.1. Mall, Covered. See Article 35. To use a
covered mall in the following manner:
A. Placing or constructing temporary kiosks, display
booths, concession equipment or the like in the
mall.
B. To use a mall as a place of assembly.
C. To use open -flame or flame -producing appliances.
D. To display any liquid- or gas -fueled equipment.
o.I. Occupant Load Increase. To allow an increase
in occupant load over the posted limits for special
situations or event. See Article 12.
0.2. Open burning. To conduct open burning. When
burning is conducted on public property or the
property of someone other than the permit
applicant, the applicant shall demonstrate that
permission has been obtained from the Texas Air
Control Board, the owner, or the owner's authorized
agent. When limits for atmospheric conditions or
hours restricting burning, such limits shall be
designated in the permit restrictions. See Article
11.
p.i. Pyrotechnical special effects material. For
permits for pyrotechnical special effects material,
see Article 78.
9.1. spraying or dipping. To conduct a spraying
or dipping operation utilizing flammable or
combustible liquids and regulated by Article 45.
t.1. Tents, canopies and temporary membrane
structures. To erect or operate a tent or air
supported membrane structure having an area in
excess of 200 square feet, or a canopy in excess of
400 square feet, except for structures used
exclusively for camping. See Articles 12 and 32.
(7) The creation of a new section 4.109 titled
Fire inspection and Permit Fees, which shall read
as follows:
(a). Inspection Fees. The occupant, lessee or
person making use of any building or premises, or
portion thereof, is required to be inspected in
accordance with Section 2.201 (c) of this Code, as
amended. Each semi-annual inspection performed
pursuant to Section 2.201 (c) of this Code, as
amended, shall be performed free of charge. If the
Fire Marshal or his designee observes a violation
of this chapter and performs a follow-up inspection
to determine whether a violation or violations
observed during the previous inspection have been
corrected, a fee shall be charged, and the occupant
or lessee shall pay said fee within 30 days of
being billed therefore as condition to continue
lawful occupancy of the building or dwelling to be
inspected. Said fee shall be based upon the amount
of interior area of the building leased, occupied
or used by the person. The fee shall be in an
amount established, and from time to time amended,
by ordinance of the City Council, a copy of which
shall be kept on file with the City Secretary.
Follow-up inspection fees for common areas of such
buildings or premises shall be charged to and paid
by the owner in accordance with the area inspected.
(b) Permit and Permit Fees. Any permit required
by Article 4 of the Code, as amended herein, or any
permit required by subsection (c) thereof, shall be
issued only upon payment of a permit fee in an
amount established, and as from time to time
amended, by ordinance of the City Council, a copy
of which shall be kept on file with the City
Secretary.
(c) Fire Protection Appliances and Systems. in
addition to the permits required by Article 4 of
the Code, as amended herein, any person, company or
business performing the following services shall be
required to obtain an annual permit:
1. operation of a fire extinguisher sales and
service company or business.
2. Operation of a fire alarm sales and service
company or business.
3. operation of a fire extinguishing system company
or business.
Such permits shall be issued upon proof that the
applicant complies with all applicable requirements
of state law, as amended from time to time.
(a) That the definitions of Fire Prevention
Bureau, Building Code, chief, and jurisdiction in
Section 9.104 are amended to read as follows:
BUREAU OF FIRE PREVENTION is the Office of the City
Fire Marshal.
BUILDING CODE is the 1991 edition of the Uniform
Building Code.
CHIEF is the City Fire Marshal.
JURISDICTION is the City of Denton, Texas.
(9) The amendment of Section 9.104 to add a new
definition titled Fire Lane to read as follows:
FIRE LANE is a Fire Apparatus Access Roadway, on
private property or within the public right-of-way,
which provides unobstructed passage for fire
apparatus responding to or engaged in emergency
fire, rescue or medical operations.
(10) The amendment of Section 10.202, Plans, to
read as follows:
When fire lanes are required in accordance with the
provisions of this Division, the owner shall submit
a fire lane site plan to the Fire Marshal at the
time of making application for the building permit.
A copy of each approved fire lane site plan shall
be kept on file with the Fire Department.
Construction of the building shall not commence
until the fire lane is reviewed and approved by the
Fire Department.
(11) The amendment of Section 10.203, Required
Access, to read as follows:
Fire apparatus access roads and fire lanes shall be
provided and maintained in accordance with the
provisions of article V of chapter 11 of the Code
of Ordinances.
(12) The amendment of Section 10.204 (b), Surface,
to read as follows:
Fire apparatus access roads shall be designed and
maintained in accordance with the provisions of
article V of chapter 11 of the Code of Ordinances.
91
(13) The amendment of Section 10.204 (c), Turning
Radius, to read as follows:
(c) Turning radius. The minimum required turning
radius for fire apparatus access roads is 57 feet.
The internal turning radius shall be a minimum of
35 feet.
(14) The deletion of Section 10.205, Obstruction.
(15) The amendment of Section 10.206, Marking, to
read as follows:
The Fire Marshal is hereby authorized and empowered
to establish and designate fire lanes in accordance
with the provisions of section 3802 of the Uniform
Building Code, as set forth in article I of chapter
28 of the Code of Ordinances.
(16) The creation of a new section titled Required
Fire Flow, Section 10.404, which shall read as
follows:
(a) Required Fire Flow. 1. When Required. Every
development shall provide adequate water capacity
for fire protection purposes. Unless buildings in
the development are provided with fire protection
by means of an approved automatic sprinkler system
in accordance with Division V of this Article, each
development shall provide the minimum fire flow
calculated at a minimum residual pressure of 20
PSI. The required demand shall be in accordance
with Table No. 10.404-A.
TABLE NO. 10.404-A
REQUIRED FIRE FLOW DEMAND FOR DEVELOPMENTS
Land Use
Flow
(GPM)
High -intensity commercial and
industrial
3,000
Medium -intensity commercial
1,500
Medium -intensity residential
750
Low -intensity residential
500
2. Duration. The minimum duration for required fire
flow shall not be less than 2 hours.
(b) Automatic Sprinkler Protection. if sufficient water
supplies exist to satisfy the sprinkler demand as
calculated by the Insurance Service Office Fire Flow
Formula, as amended, the minimum water capacity required
by Section 10.404 (a) 1 may be reduced by fifty percent,
except that in no case shall the minimum capacity be
reduced to less than 500 gallons per minute (GPM).
(17) The amendment of Section 10.507, Required
Installations of Automatic Fire Extinguishing Systems, to
read as follows:
An automatic fire -extinguishing system shall be installed
and maintained in each occupancy is required by the
provisions of section 3802 of the Uniform Building Code,
contained in division I of article II of Chapter 28 of
the Code of Ordinances.
(18) The amendment of Section 10.508, Sprinkler System
Supervision Alarm, to read as follows:
All valves controlling the water supply for automatic
sprinkler systems and water -flow switches on all
sprinkler systems shall be installed and maintained in
accordance with the provisions of section 3802 of the
Uniform Building Code, contained in division I of article
II of chapter 28 of the Code of Ordinances.
(19) The amendment of Section 10.509, Permissible
Sprinkler Omissions, to read as follows:
Subject to the approval of the Fire Marshal, sprinklers
may be omitted in rooms or areas where the application of
water to the contents may constitute a serious threat to
life or fire hazard.
(20) The amendment of Section 10.510, Standpipes, to
read as follows:
Standpipes shall comply with the requirements of section
3802 of the Uniform Building Code, as amended.
(21) The amendment of Section 10.511, Basement Pipes, to
read as follows:
Permitted Contruction alternatives shall be allowed in
accordance with the provisions of section 3802 of the
Uniform Building Code, as contained in division 1 of
article II of chapter 28 of the Code of Ordinances.
10
(22) The amendment of Section 77.107 (a), Prohibited and
Limited Acts, to read as follows:
Explosive materials shall not be manufactured without
authorization by the chief.
Explosive materials shall not be stored within the limits
of the City of Denton and within its extraterritorial
jurisdiction.
The chief is authorized to limit the quantity of
explosive materials permitted at any location.
(23) The amendment of Section 78.202, Prohibition, to
read as follows:
(a) Except as provided otherwise herein, no person
shall possess, store, offer for sale, expose for
sale, sell at retail manufacture or use or explode
any fireworks within the city limits or within five
thousand feet thereof.
(b) A person may make use of fireworks for the purpose
of a public fireworks display upon the issuance of,
and in accordance with, a permit issued for such
display pursuant to the provisions of article 5.43
of the Texas Insurance Code, as amended.
(24) The amendment of Section 79.501, General, to read
as follows:
Storage of Class I and II liquids in aboveground tanks
outside of buildings is prohibited outside of the limits
of land use districts designated as Agricultural, Light
Industrial District, Heavy Industrial District or Planned
Development District, as identified in the City of Denton
Zoning Ordinance -- Appendix B.
(25) The amendment of Section 82.104 (b), Maximum
Capacity within Established Limits, to read as follows:
(b) Maximum Capacity within Established Limits. Within
the limits of land use districts designated as
Agricultural, Light Industrial District, Heavy Industrial
District or Planned Development District, as identified
in the City of Denton Zoning Ordinance -- Appendix B, the
aggregate quantity of LP -Gas shall not exceed 150,000
gallons of LP -Gas (180,000 gallons of water capacity).
The aggregate storage capacity of LP -Gas outside of these
limits shall not exceed 2,000 gallons water capacity.
11
SECTION II. Any person who violates a provision of this
Ordinance shall be guilty of a misdemeanor punishable by a fine not
exceeding Two Thousand Dollars ($2,000). Each such person shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such violations
such person shall be punished within the limits above.
SECTION III. That the fees provided for in Section 4.109 of
the Code adopted by this ordinance, originally adopted with the
enactment of Ordinance No. 87-196, shall continue to be as follows:
1. Building Fire Safety Follow -Up Inspection fees provided
for in Section 4.109:
Interior Square Footage Fee
1
to
3,000
$ 15.00
over
3,000
to
6,000
$ 25.00
over
6,000
to
12,000
$ 35.00
over
12,000
to
18,000
$ 45.00
over
18,000
to
24,000
$ 60.00
over
24,000
to
100,000
$100.00
over
100,000
$200.00
If a second follow-up inspection fee is required because
the violation has not been corrected, the following fees
shall be charged:
1
to
3,000
$ 30.00
over
3,000
to
6,000
$ 50.00
over
6,000
to
12,000
$ 70.00
over
12,000
to
18,000
$ 90.00
over
18,000
to
24,000
$120.00
over
24,000
to
100,000
$200.00
over
100,000
$400.00
2. The fee for any permit required under Article 4 of the
Fire Code, as amended, shall be $50.00 per permit, and
$25.000 for each annual renewal, except as follows:
a. There shall be paid a fee of $100 for the following
permits:
1. Any alteration to an existing tank
(combustible or flammable)
2. Outdoor burning, per day
3. Combustible or flammable liquid tank storage
installation
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4. Combustible or flammable liquid piping
installation
5. Removal of combustible or flammable liquid
tank
b. There shall be paid a fee of $50 for the following:
1. Permit to install an automatic extinguishing
(hood) system.
2. Acceptance inspection of automatic fire
sprinkler (overhead) system.
3. Acceptance inspection of automatic fire
sprinkler (fire line).
4. Inspection of private fire lines and hydrants.
3. There shall be paid a fee of $25 for each annual
inspection of automatic extinguishing systems (hood
systems) . This fee shall be payable by the owner or
occupant.
4. The permit fee for a temporary sales or display booth in
the Golden Triangle Mall shall be $25.
5. There shall be paid a fee of $35 for each annual permit
as provided for in Section 10-4(c).
SECTION IV. If any section, subsection, paragraph, sentence,
phrase or word in this ordinance, or application thereof to any
person or circumstance is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and City Council of the City
of Denton, Texas hereby declares it would have enacted such
remaining portions despite any such invalidity.
SECTION V. That the repeal of any ordinance or any portion
thereof by the preceding sections shall not affect or impair any
act done or right vested or accrued or any proceeding, suit or
prosecution had or commenced in any cause before such repeal shall
take effect; but every such act done, or right vested or accrued,
or proceedings, suit or prosecution had or commenced shall remain
in full force and effect to all intents or purposes as if such
ordinance or part thereof so repealed shall remain in force.
13
SECTION VI. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record -Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1994.
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
14
Contract No DACW63-80-C-0107
Modification No. P00001
SUPPLEMENTAL AGREEMENT
TO
- CONTRACT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF DENTON, TEXAS
FOR
RECREATION DEVELOPMENT
AT
RAY ROBERTS (FORMERLY AUBREY) AND LEWISVILLE LAKES, TEXAS
DATE: 01tNE iJ (a 14
THIS SUPPLEMENTAL AGREEMENT, entered into the above date by and
between the United States of America (hereinafter called the
cutin
Government), represented by the ContractDentonofficer CountyXeTexasg
this Agreement, and the city of Denton,
(hereinafter called the City),
WITNESSETH THAT:
WHEREAS, the Government an d the City neaccordancesire to dwithtthe
original contract DACW63-80-C-01t7, l
authorization of Section 101 of hto include ater sacquisition ources land
ent
Act of 1990 (Public Law 101Corr),
Corridor between Ray Roberts Lake and
development of a Greenbelt
Lewisville Lake in lieu of authorized recreational development at
Lewisville Lake.
NOW THEREFORE, the original contract dated August 15, 1980, is
hereby modified in the following particulars and in no others:
1, Page 1, first WHEREAS clause, first line, between "of
Roberts Lake, formerly called."
and "Aubrey", insert "Ray
, n the third and fourth WHEREAS clause,
2. Page 1betwee
insert the following WHEREAS clause:
WHEREAS, the authorization for the Project was
modified by Section 101 of the Water Resources
Development Act of 1990 (Public Law 101-640), to
include acquisition and development of a Greenbelt
Corridor between Ray Roberts Lake and Lewisville Lake
in lieu of authorized recreational develop
ment at
Lewisville Lake; and
01
3. Page 1, fourth WHEREAS clause, first line, delete the
words "Lewisville Lake", and substitute the words "the Greenbelt
Corridor."
4. Page 1, fourth WHEREAS clause, third line, delete the
word "Aubrey", and substitute the words "Ray Roberts."
5. Page 1, fourth WHEREAS clause, fourth line, delete
the words "Lewisville Lake", and substitute the words "the
Greenbelt Corridor."
6. Page 2, ARTICLE 1. Add the following definitions:
e. Pay Roberts Lake recreation facilities. Lands
and facilities designated for recreational use at Ray Roberts
Lake, exclusive of the Greenbelt Corridor, and relocation of
recreation facilities at Lewisville La?:e required to accomodate
the pool raise.
f. Greenbelt Corridor. Lands and facilities
designated for recreational purposes between Ray Roberts Lake and
Lewisville Lake. Greenbelt Corridor lands are shown in Figure 1,
attached hereto and made a part hereof.
7. Page 2, ARTICLE 2a,'fifth line, following "DESIGN
CHANGENOTIFICATION 1REPORT, 1aand supplements hNo. O1Tand 2toAUTHORIZATION said
report".
g. Page 2 ARTICLE 2b, end of last sentence, add "and
Sequence No. 2 of the above referenced POST AUTHORIZATION CHANGE
NOTIFICATION REPORT."
9. Page 2, ARTICLE 2c, first line, delete the word
"City", and substitute the word "Government"; and delete the word
"Government", and substitute the word "City".
10. Page 2, ARTICLE 2c, third line, between the word
"will" and the word "depict ", insert the words "include the
Greenbelt Corridor, and will."
11. Page 3, ARTICLE 2e, end of third line, change to read
6,964 acres".
12. Page 3, ARTICLE 2e, fourth line, following the word
"areas", insert the words "inclusive of the Greenbelt Corridor."
13. Page 3, ARTICLE 3, first paragraph, first line, at
the beginning of the first sentence insert the words "Exclusive
of the Greenbelt Corridor".
3
I4. Page 3, ARTICLE 3, first paragraph, fifth line,
between the first and second sentence (City• sixteen and
the
following sentence, "The City also shall pay
twenty-five one hundredths percent (16.25%) of the costs for the
acquisition and development of the lands and facilities outlined
in the mutually acceptable Planof tDevelopment of seven and one-half
Greenbelt
Corridor; the Government will pay shall
percent (37.5%) of these costs; the city of Dallas, Tex4a6s25o of
pay forty-six and twenty-five one hundredths percent ( )
these costs. The cost sharing percentages of the
al
Government/Local Sponsors may be revised by future
mentrshall be
legislation. At such time, this supplemental agree
revised to reflect the new percentages."
15. Page 3, ARTICLE 3a., is retitled "Ray Roberts
Recreation Facilities Initial Development."
16. Page 3, ARTICLE 3a., third line, estimated cost of
initial development is revised to $6,939,000.
17. Page 3, ARTICLE 3a. (1), end of paragraph, "the
Project" is changed to read "Ray Roberts Lake."
is., Page 3 ARTICLE 3a. (2), third line, following the
word "after", change to read: w... all the Ray Roberts Lake
recreation facilities..."
19. Page 4, ARTICLE 3a. (4), first line, the word
"Project" is changed to read "Ray Roberts Lake recreation
facilities."
20. Page 4, ARTICLE 3a. (4), beginning of tenth line,
before the word "the" insert the word "all"; following the word
"facilities", insert the words "at Ray
Roberts Lake."
21. Page 4, ARTICLE 3a. (4), twelfth line, the word
"Project" is changed to read "Ray Roberts Lake recreation
facilities."
22. Page 4, ARTICLE 3a(5), beginning of third line,
before the word "the" insert the word "all"; following the word
"facilities", insert the words "at Ray Roberts Lake".
23. Page 4, ARTICLE 3b. is retitled "Ray Roberts Lake
Recreation Facilities Future Development".
24. Page 4, ARTICLE 3b(1) ,cond line, betweenat the word
"development" and the word "to", sert
ts
Lake."
25. Page 4, ARTICLE 3b(1), last line, the estimated cost
of future development is revised to $3,926,000.
3
26. Page 5, ARTICLE 3b(3), second line, between the
word
"development" and the word "as", insert the words "at Ray Roberts
Lake."
27. Page 5, add ARTICLE 3c, as follows:
C. Greenbelt Corridor Development. Sixteen and
� the City's share, of
twenty-five one hundredths percent (16.25)
velopment
the estimated separable costs of Greenbelt Corrido68De000. This
participated in by the City is estimated to be $1,
amount shall be paid to the Government by the City as follows:
(1) There shall be deducted from the City's share an
amount equal to the sum of the fair market value of any lands or
facilities provided by the City (such value being determined as
of the date such lands or facilities were provided and
not
including enhancement due to the Project) and any cash
expenditures made by the City toward the separable cost of the
Greenbelt Corridor.
(2) The amount of the City's share remaining after
such deduction shall be paid to the Government with interest on
the unpaid balance within fifty (50) years after the Greenbelt
Corridor is first available for useful operation. Such repayment
shall be made annually in such equal amounts as to complete
repayment within such fifty (50) year period.
(3) Interest during construction and interest on the
unpaid balance shall be at the rate to be determined by the
Secretary of the Treasury of the United States as of the
beginning of the Government fiscal year in which Project of the
construction is initiated as prescribed by sechtionS3e1(390of th
Water supply Act of 1958 (Public Law 85-500, period.
Such interest rate shall not change during the repayment p
The interest rate in effect at the time
i eiof7negotiatio.210 nt f this
contract (Government fiscal year
(4) The schedule of repayment for the Greenbelt
Corridor, based on the current estimate of separable cost of
recreation development, the interest rate in effect
tron the
endatis
of execution of this contract (7.210), schedule
shown in Exhibit C of this contract. This repayment
will be recomputed by the parties upon completion of construction
on the basis of the actual separable cost incurred for the
Greenbelt Corridor development, the interest rate in effect for
the Government fiscal year in which Project construction is
initiated, and the amount of the City's share remaining unpaid at
the time the Contracting Officer notifies the City in writing
that all the lands and facilities are available for useful
operation. Interest during construction shall be paid over a
period of 50 years as part of the separable cost of theGreenbelt
Corridor, but subsequently accruing interest shall be pa
id with
the installment due at the end of the period in which such
interest has accrued.
(5) The initial payment shall be due and payable
within thirty (30) days after the City is notified in writing by
the Contracting Officer that the lands and facilitiessare be due
available for useful operation. Subsequent payments
and payable to the Treasurer of the United States within thirty
(30) days of the yearly anniversary date of such otice. Ifuthe
City shall fail to make any of the aforesaid p ym
then the overdue payments shall bear
aidinterest
amouncompounded annually
at the rate provided above
erioduntil
of less than one year, shall be
payments overdue for a p or example, if the payment is made
figured on a monthly basis. F
within the first month after being overdue (31 to 60 days after
the anniversary date), one month's interest shall be charged.
This provision shall not be construed as giving
lty a nor choice
of either making payments when due or paying interest
it be construed as waiving any rights of the Government, at law
or in equity, which might result from any default by the City.
(6) The City may, without penalty, prepay at any
time or times any part or all of the principal and interest due
and'payable under this contract. Interest with respect to any
prepaid principal shall accrue only through the date of
repayment.
28. Page 5, ARTICLE 3c through 3f is renumbered 3d
through 3g.
29. Page 7, ARTICLE 7a, beginning of paragraph, start of
the first sentence, insert "Inclusive of the Greenbelt Corridor".
30. Page 7, ARTICLE 7b, second line, after the word
"contract", insert "Inclusive of the Greenbelt Corridor."
31. Page 8, ARTICLE 7c, change "Aubrey Lake" to read "Ray
Roberts"
32. page 8, ARTICLE 8.b., substitute the following
paragraph. " b. The City shall require its concessionaires to
obtain from an insurance company, licensed in the State of Texas
and acceptable to the Government, liability or indemnity
insurance in an amount not less than that which is prudent,
reasonable and consistent with sound business practices orreater,
minimum Combined Single Limit of $1,000,000 whichever is
incident
for any number of persons or claims arising from any o
with respect to bodily injuries or death resulting therefrom,
property damage or both suffered or alleged to have been suffered
by any person or persons resulting from operations under any
agreement between the City and its concessionaires.
5
33. Exhibit A. Replace with amended Exhibit A which
includes Greenbelt Corridor Cost.
34. Exhibit B. Replace with new Exhibit B, RAY ROBERTS
AND LEWISVILLE LAKES INITIAL RECREATION DEVELOPMENT PAYMENT
SCHEDULE.
35. Exhibit C. Replace with new Exhibit C, GREENBELT
CORRIDOR PAYMENT SCHEDULE.
36. Exhibits C through G, are renumbered D through H; and
title blocks are revised by deleting the name "Aubrey", and
substituting "Ray Roberts.".
2
IN WITNESS WHEREOF, the parties have executed this Supplemental
Agreement as of the day and year first above written.
THE UNITED STATES OF AMERICA
THOn S P. KUCHAR
LTC, Corps of Engineers
Act'ng District Engineer
For Worth District
DATE I �vv+4. `OI 7lr
CITY OF DENTON, TEXAS
0
Mayor
City of Denton,
DATE NO -+ 11
APPROVED A, SS T, O FORM:
BY 4
DEBRA A. DRAYOVITCH
City Attorney
City of Denton, Texas
DATE /1-4-1f
7
10 Nov 93
EXHIBIT A
RAY ROBERTS AND LEWISVILLE LAKES
ESTIMATED SEPARABLE RECREATION COST
(01 Oct 93 prices)
Acct No. Feature
O1.
Land Purcha_,a
14
Rec Facilities
30
Eng & Design
31
Supr & Admin
Subtotal Rec
Acct No. Feature
O1
Land
Purchase
14
Rec
Facilities
18
Cult
Resc Presv
30
Eng
& Design
31
Supr
& Admin
Subtotal
Rec
Ray Roberts Lake
Initial
Development*
$ 5,768,000
23,773,000
4,229,000
2,330,000
$ 36,100,000
Future
Development
$ 0
25,763,000
2,175,000
2,262,000
$ 30,200,000
Greenbelt Corridor
Initial
Development*
$ 6,488,000
1,733,000
69,000
505,000
505,000
$ 9,300,000
Future
Development
$ 0
0
0
0
$ 0
Denton, Tx.
Total
$ 5,768,000
49,536,000
6,404,000
4,592,000
$ 66,300,000
Total
$ 6,488,000
1,733,000
69,000
505,000
505,000
$ 9,300,000
Total Rec Expenditures $ 45,400,000 $ 30,200,000 $ 75,600,000
NOTE: * Costs for Initial Development include inflation through
construction period.
I -
PARTICIPATION IN TOTAL
DEVELOPMENT
Ray Roberts Lake
Percent
Initial
Development
Future
Development
Total
City of
Dallas
37.00
$ 13,357,000
$ 11,174,000
3,926,000
$ 24,531,000
8,619,000
City of
Denton
13.00
4,693,000
18 050,000
15 100,000
33 150,000
Federal
Govt
Total
50.00
100.00
$ 36,100,000
$ 30,200,000
$ 66,300,000
Greenbelt Corridor
Percent
Initial
Development
Future
Development
Total
City of
Dallas
46.25
$ 4,301,000
$ 0
0
$ 4,301,C^0
1,511,000
511488,000
City of
Denton
16.25
1,511,000
0
3 ,000
Federal
Govt
37.50
3,488,00
$ 0
,
$
Total
100.00
$ 9,300,000
II - CONTRIBUTION FOR
DEVELOPMENT
RAY ROBERTS LAKE
Initial
Future
Type
Development
Development
Total
City of
Dallas
Reimbur
$ 13,357,000
$ 11,174,000
$ 24,531,060
8,619,000
City of
Denton
Reimbur
4,693,000
3,926,000
15 100.000
33 150,000
Federal
Govt
Ultimat
18 050,000
Total
36,100,000
30,200,000
66,300,000
(1) Estimated schedule for the city of Denton share of future
development is based on projection of anticipated visitation which
will establish the need for additional recreation development as
shown in the Project Recreation Resources Appendix and the Plan of
Recreation Development and Management made part of this contract by
ARTICLE 2b and ARTICLE 2c, respectively.
1985
R
City of Dallas
City of Denton
Federal Govt
Total
1995
2005
2015
$
3,926,000 0
Greenbelt Corridor
Type
Initial Future
Development Development
Total
Reimbur
$ 4,301,000 $
0 $
4,301,000
Reimbur
1,511,000
0
1,511,000
3,488,000
Ultimat
3,488,000
0
0
9,300,000
9,300,000 $
III - REIMBURSEMENT OF SEPARABLE COST
Ray Roberts
A. Reimbursement by City of Denton, Texas:
Initial Future
Development Development
Separable Rec Development Expenditures $ 4,693,000 $ 3,9266,000
Interest During Construction (1) 2,246,000(2)
Separable Cost to be Repaid $ 6,939,000 $ 3,926,000
(1) Interest rate specified in contract No. DACW63-80-C-0107.
(2) Interest rate is 7.210.
(3) To be charged as required in ARTICLE 3b of original contract.
B. Repayment schedule for initial development:
bearingal anal
paymentst& amortization baseinterest at 7 .210on 0perucent on unpaid balance. 49
P = (A-P) x (i+c)
P = (A-P) x .0745602419
P='.0745602419A - .0745602419P
1.07456024191? = .0745602419A
P = .0745602419A/1.0745602419
P = .0693867491 x $ 6,939,000
p = $ 481,474.65
Where: P = annual payment
A = amount to be repaid
i = interest rate
(i+c) = interest plus
amortization coefficient
for 49 yrs. (0.0745602419)
Greenbelt
A. Reimbursement by City of Denton, Texas:
Initial
Development
Separable rec development expenditures $ 1,511,000
Interest During Construction (1) 176•000 (2)
Separable Cost to be Repaid $ 1,687,000
(1) Interest rate specified in contract No. DACW63-so-C-0107.
(2) Interest rate is 7.210%
A. Repayment Schedule for Initial Development:
Interest
bea bearing interest at 7.2100equalannual
on un
the
ents, with 49
paymentspaid balance.
P = (A-P) x (i+c)
P = (A-P) x 0.0745602419
P = 0.0745602419A - 0.0745602419P
1.0745602419P = 0.0745602419A
P = 0.0745602419A/1.0745602419
P = 0.0693867491 X $ 1,687,000
p = $ 117,055.45
Where: P = annual payment
A = amount to be repaid
i = interest rate
(i+c) = interest plus
amortization coefficient
for 49 yrs. (0.0745602419)
EXHIBIT B
RAY ROBERTS AND LEWISVILLE LAKES
INITIAL
PAYMENT RECREATION
DEVELOPMENT
CITY OF DENTON, TEXAS
-----------------------
------------------------
TOTAL COST:
NUMBER OF PAYMENTS:
INTEREST
RATE, PERCENT:
------------------------
ANNUAL
AMOUNT
PAYMENT
NUMBER
OF
PAYMENT
1
481,474.65
2
481,474.65
3
481,474.65
4
481,474.65
5
481,474.65
6
481,474.65
7
481,474.65
8
481,474.65
9
481,474.65
10
481,474.65
11
481,474.65
12
481,474.65
13
481,474.65
14
481,474.65
15
481,474.65
16
481,474.65
17
481,474.65
18
481,474.65
19
481,474.65
20
481,474.65
21
481,474.65
22
491,474.65
23
481,474.65
24
481,474.65
25
481,474.65
26
481,474.65
27
481,474.65
28
481,474.65
29
481,474.65
30
481,474.65
31
481,474.65
32
481,474.65
33
481,474.65
34
481,474.65
35
481,474.65
36
481,474.65
37
481,474.65
38
481,474.65
39
481,474.65
40
481,474.65
41
481,474.65
42
481,474.65
43
481,474.65
44
481,474.65
45
481,474.65
46
481,474.65
47
481,474.65
48
481,474.65
49
481,474.65
50
481,474.65
INTEREST
0.00
465,587.58
464,442.12
463,214.07
461,897.49
460,485.97
458,972.69
457,350.30
455,610.93
453,746.16
451,746.93
449,603.56
447,305.66
444,842.07
442,200.87
439,369.23
436333.42
433:078.74
429,589.40
425,848.47
421837.82
417:538.01
412,928.17
407,985.97
402,687.44
397,006.88
390,916.76
384,387.53
377,387.55
369,882.87
361,837.10
353,211.24
343,963.44
334,048.88
323,419.49
312,023.71
299,806.30
286,708.01
272,665.33
257,610.18
241,469.55
224,165.19
205,613.17
185,723.56
164,399.91
141,538.82
117,029.44
90,752.94
62,581.91
32,379.74
6,939,000.00
7.210
PRINCIPAL
481,474.65
15,887.07
17,032.53
18,260.58
19,577.17
20,988.68
22,501.96
24,124.35
25,863.72
27,728.49
29,727.72
31,871.09
34,168.99
36,632.58
39,273.79
42,105.43
45,141.23
48,395.91
51,885.25
55,626.18
59,636.83
63,936.64
68,546.48
73,488.68
78,787.21
84,467.77
90,557.90
97,087.12
104,087.10
111,591.78
119,637.55
128,263.42
137,511.21
147,425.77
158,055.16
169,450.94
181,668.35
194,766.64
208,809.32
223,864.47
240,005.10
257,309.47
275,861.48
295,75109
317,074:74
339,935.83
364,445.21
390,721.71
418,892.74
449,094.91
NOV 10, 1993
---------------
BALANCE
OF
PRINCIPAL
6,457,525.35
6,441638.27
6,424:605.74
6,406,345.16
6,386,768.00
6,365,779.32
6,343,277.36
6,319,153.00
6,293,289.28
6,265,560.79
6,235,833.07
6203,961.98
6:169,792.99
6,133,160.41
6,093,886.62
6,051,781.20
6,006,639.97
5958,244.06
5:906,358.81
5,850,732.62
5,791,095.79
5,727,159.15
5,658,612.67
5,585,123.99
51506 ' 336.78
51421,869.01
51331311.12
5,234:224.00
5130136.90
5:018:545.11
4,898,907.56
41770644.15
4,633:132.94
4,485,707.17
4327,652.01
4:158,201.07
3,976,532.71
3,781,766.07
3,572,956.75
3,349,092.28
3,109,087.18
21851777.71
2,575:916.24
2,280,165.14
11963,090.40
11623 1 154.57
11258,709.36
867,987.65
449,094.91
0.00
EXHIBIT C
RAY ROBERTS AND LEWISVILLE LAKES
GREENBELT CORRIDOR DEVELOPMENT
PAYMENT SCHEDULE
CITY OF DENTON, TEXAS
---------------------------------------------------------
TOTAL COST: 1,687,000.0
NUMBER OF PAYMENTS: 7.250
INTEREST RATE, PERCENT:0
-------------------------------- ------------------------
ANNUAL
PAYMENT
NUMBER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
AMOUNT
OF
PAYMENT
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
117,055.45
1171055:45
117,055.45
117,055.45
117,055.45
117,055.45
INTEREST
0.00
113,193.00
112,914.52
112,615.96
112,295.87
111,952.71
111,584.80
111,190.37
110,767.49
110,314.13
109,828.08
109,306.99
108,748.33
108,149.38
107,507.26
106,818.83
106,080.77
105,289.50
104,441.17
103531.69
102;556.62
101,511.26
100,390.52
99,188.98
97,900.81
96,519.76
95,039.14
93,451.76
91,749.93
89,925.41
87,969.33
85,872.22
83,623.91
81,213.50
78,629.29
75,858.77
72,888.49
69,704.05
66,290.02
62,629.83
58,705.74
54,498.73
49,988.39
45,152.85
39,968.68
34,410.72
28,452.04
22,063.73
15,214.83
7,872.12
PRINCIPAL
117,055.45
3,862.44
4,140.93
4,439.49
4,759.57
5,102.74
5,470.65
5,865.08
6,287.95
6,741.31
7,227.36
7,748.45
8,307.12
8,906.06
9,548.19
10,236.61
10,974.67
11,765.95
12,614.27
13,523.76
14,498.82
15,544.19
16,664.92
17,866.46
19,154.64
20,535.69
22,016.31
23,603.69
25,305.51
27,130.04
29,086.11
31,183.22
33,431.53
35,841.95
38,426.15
41,196.68
44,166.96
47,351.39
50,765.43
54,425.62
58,349.70
62,556.72
67,067.06
71,902.59
77,086.77
82,644.73
88,603.41
94,991.72
101,840.62
109,183.33
Nov 10, 1993
---------------
BALANCE
OF
---PRINCIPAL
--
1,569,944.55
1,566,082.11
1,561,941.19
1,557,501.70
1,552,742.13
1,547,639.39
1,542,168.74
1,536,303.66
1,530,015.71
1,523,274.40
1,516,047.04
1,508,298.58
1,499,991.46
1,491,085.40
1,481,537.22
1,471,300.60
1,460,325.93
1,448,559.98
1,435,945.71
1,422,421.95
1,407,923.13
1,392,378.94
1,375,714.02
1,357,847.55
1,338,692.92
1,318,157.23
1,296,140.92
1,272,537.24
1,247,231.73
1,220,101.69
1,191,015.57
1,159,832.35
1,126,400.82
1,090,558.87
1,052,132.72
1,010,936.04
966,769.09
919,417.69
868,652.26
814,226.64
755,876.94
693,320.22
626,253.16
554,350.57
477,263.80
394,619.07
306,015.66
211,023.95
109,183.33
0.00