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HomeMy WebLinkAboutMarch 21, 2000 Agenda AGENDA CITY OF DENTON CITY COUNCIL March 21, 2000 Agendaltom., '.-7'- , After determining that a quorum is present and convening in an Open Meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Tuesday, March 21, 2000 at 5:15 p.m. in the City of Denton City Manager's Conference Room, Denton City Hall, at 215 East McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5:15 p.m. and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below. 1. Closed Meeting: [**Before the Denton City Council may deliberate, vote, or take final action on each of the agenda items posted as a competitive matter in a Closed Meeting under the provisions of TEX. GOV'T. CODE Section 551.086(c), the City Council must first make a good faith determination, by majority vote of its members, that the particular agenda item is a competitive matter that satisfies the requirements of Section 551.086(b)(3). The vote shall be taken during the Closed Meeting and shall be included in the certified agenda of the Closed Meeting. If the City Council fails to determine by a majority vote that the particular agenda item satisfies the requirements of Section 551.086(b)(3), the City Council may not deliberate or take any further action on that agenda item in the Closed Meeting.] Ag Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086.** Deliberations Concerning Real Property --- Under TEX. GOV'T. CODE, Section 551.072. (1) Receive information from Staff, discuss, deliberate, consider, and provide Staff with direction respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components o£the City's electric generation assets. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, SECTIONS 551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda March 21, 2000 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, March 21, 2000 at 6:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag I pledge allegiance to thee, Texas, one and indivisible." Consider approval of the minutes of January 18, January 19, January 25, February 1, and February 8, 2000. CITIZEN REPORTS 3. Receive a report from Christine McAdams regarding the widening of Morse Street. 4. Receive a report from Raymond Redmon regarding a bridge for Fred Moore Park. 5. Receive a report from Tom Atkins regarding the City's health insurance. 6. Receive a report from Willie Hudspeth regarding tree removal from his property. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 7-32). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 7-32 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration". Consider approval of a tax refund paid by Transamerica Tax Service for Ramona Perez. The 1999 tax was paid twice, resulting in an overpayment. o Consider approval of a tax refund to Eckert Hyundai, Inc. The 1999 tax was overpaid, resulting in an overpayment. Consider approval of a tax refund to James Wood Autopark. The 1999 tax was overpaid, resulting in an overpayment. 10. Consider approval of a tax refund to McNatt Toyota Dodge. The 1999 tax was overpaid, resulting in an overpayment. City of Denton City Council Agenda March 21, 2000 Page 3 11. Consider approval of a tax refund to Clayton Estates. The 1999 tax was overpaid, resulting in an overpayment. 12. Consider approval of a tax refund to Pulte Homes of Texas for Mark and Diana Johansen. The 1998 tax was paid twice, resulting in an overpayment. 13. Consider approval of a tax refund to Transamerica for Mitchell Joseph. The 1999 tax was paid twice, resulting in an overpayment. 14. Consider approval of a tax refund to Richard J. Fisher. The 1999 tax was paid twice, resulting in an overpayment. 15. Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on both sides of Duchess Drive from its intersection with McKinney Street south for four hundred and forty-six feet (446 feet); providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. 16. Consider adoption of an ordinance establishing a bicycle and pedestrian lanes on both sides of Hercules from its intersection with Stuart Road to its intersection with Redstone Road; providing for a penalty not to exceed $200.00; providing a severability clause; and providing for an effective date. 17. Consider adoption of an ordinance directing the issuance and publication of Notice of Sale of City of Denton General Obligation Bonds; and providing for an effective date. 18. Consider adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton; and providing for an effective date. 19. Consider adoption of an ordinance authorizing the execution of change order one to the personal services contract providing technical support for right-of-way acquisition associated with U.S. 77 Road Widening Project between the City of Denton and Roger Wilkinson; providing for an increase in the scope of work and an increase in the payment amount; and providing an effective date. (PO #92249 to Roger Wilkinson in the amount of $120,000 plus change order one in the amount of $25,000) 20. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchase of materials, supplies, or services in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; providing an effective date. (PO #02323 to Layne- Texas in the amount of $25,630) 21. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchase of materials, supplies or services in accordance with provision of State Law exempting such purchases from requirements of competitive bidding; providing an effective date. (PO #03622 to Darr Equipment Co. in the amount of $27,498.75) 22. Consider adoption of an ordinance providing for the expenditure of funds for an emergency purchase of material, supplies and service in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and City of Denton City Council Agenda March 21, 2000 Page 4 providing an effective date. (PO #03944 to The Andrew Joseph Co. Inc. in the amount of $27,022) 23. Consider adoption of an ordinance accepting competitive bids and awarding a contract for a second 12/20/25 MVA Power Transformer; providing for the expenditure of funds therefor; and providing an effective date for second award. (Bid #2408 - Power Transformer awarded to Waukesha Electric System, Division of General Signal Power Systems in the amount of $427,459) 24. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the annual supply of Commercial Refuse Containers; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2462 - Annual Price Agreement for Refuse Containers in the estimated amount of $140,000) 25. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the supply of 30 Cubic Yard Self-Contained Refuse Compactors; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2468 - 30 Cubic Yard Self-Contained Compactors awarded to Galbreath Inc. in the amount of $10,375 each, estimated annual expenditure $83,000) 26. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of three Hydraulic Digger Derrick Trucks; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2469 - Digger Derrick Trucks awarded to Peterbilt Motors Co./Dallas Peterbilt Inc. in the total amount of $409,799 including $74,000 for trade-in of two older units) 27. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the supply of Miscellaneous Pavement Marking; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2473 - Miscellaneous Pavement Markings awarded to ASC Pavement Markings, Inc. in the estimated amount of $39,900) 28. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of materials, supplies or services; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2479 - Wood Grinding for Compost Operation awarded to Thelin Recycling Co. in the estimated amount of $93,000) 29. Consider adoption of an ordinance awarding a contract for the Lease of Desktop PC's, Notebooks, Software, and Peripherals as awarded by the State of Texas General Services Commission, Department of Information Services (DIR); providing for the expenditure of funds therefor; and providing an effective date. (PO #03628 to Dell Financial Services in the amount of $157,233 per 6 months for a total amount of $943,398 including 36 months lease financing) 30. Staff has pulled this item. City of Denton City Council Agenda March 21, 2000 Page 5 31. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Evelyn Barthold, et. al., relating to the purchase of approximately 1.7 acres of land at the northwest comer of 1-35 and Loop 288 in the B.B.B. & C.R.R. Survey, Abstract No. 141 for the construction of a water storage facility; authorizing the expenditure of funds therefore; and providing an effective date. 32. Consider adoption of an ordinance authorizing the City Manager to execute a change order and extension to the first amendment to the agreement between the City of Denton, Texas and SPAN, Inc. relating to public transportation within the City; authorizing expenditure of funds as provided in said first amendment agreement; and providing an effective date. (RFSP 1762 - Operation of Public Transportation Service awarded to SPAN, Inc.) ITEMS FOR INDIVIDUAL CONSIDERATION 33. Consider approval of recommendations from the Oversight Committee. 34. Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for 2001 Fort Worth Drive, a proposal to plat 2.38 acres in a Light Industrial (LI) zoning district. (RN-00-008) 35. Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for a 5.0 acre parcel north of Mingo Road approximately 850 feet west of Cooper Creek. A building permit for a 10,000 to 12,000 SF building in a Light Industrial (LI) zoning district is proposed. (RN-00-007) 36. Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for 2225 E. McKinney, a Planned Development Detailed Plan proposal for office and residential development. 37. Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for the following building permits applications: g. h. i. j. k. 1. m. n. o. 3517 Teasley, Small Animal Clinic, 2,200 square feet 1611 E. McKinney, Hawkins Car Wash, 2,404 square feet Daugherty Street, Lease Building, 6,520 square feet 1209 Bent Oaks, Medical Office, 3,804 square feet Teasley at 1-35, Exxon Store, 3,000 square feet 1101 Dallas Drive, Quik Stop, 1,472 square feet Mingo Road, Telemarketing Business, 36,465 square feet 526 Smith, Mechanic Shop, 546 square feet 600 Smith, Lease Building, 10,000 square feet Nowlin Road, Prime Co. Cell Tower, 130 square feet 408 Wainwright, Lease Office, 10,728 square feet 1201 Parvin, Borman Elementary, 26,000 square feet 3300 Evers Park, Evers Park Elementary, 12,577 square feet 820 Sun Valley, Ginnings Elementary, 17,000 square feet Colorado Drive, Medical Office Building, 33,161 square feet City of Denton City Council Agenda March 21, 2000 Page 6 Bollivar, St. Andrews Presbyterian Church, 16,660 square feet 520 Ft. Worth Drive, AB Storage, 23,160 square feet Airport Road, Tetra-Pak Addition, 26,000 square feet Colorado Boulevard, Medical Office Building, 3,3612 square feet 1210 Duncan, Warehouse, 16,500 square feet 38. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Mayhill Road Realty Co., relating to the purchase of 0.9628 acre of land located in the Gideon Walker Survey, Abstract No. 1330, or Denton County, Texas, for the utilization for electrical substation expansion authorizing the expenditure of funds therefore; and providing an effective date. 39. Consider adoption of an ordinance of the City of Denton, Texas, partially abandoning and vacating three sixty foot easements that extend from Stanley Street, Thomas Street, and Hillcrest Street recorded in Volume 408, Page 33 of the Deed Records of Denton County, Texas; and declaring an effective date. 40. Consider adoption of an ordinance approving an agreement between the City of Denton, Texas and RPI providing for the payment of the cost of condemnation for a fire lane and access easement in the R. Beaumont Survey, Abstract No. 31; and providing an effective date. 41. Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.125 acre fire lane and access easement being located in the R. Beaumont Survey, Abstract No. 31 in the City of Denton, Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the easement for its fair market value and if such offer is refused, authorizing the City Attorney or his designee to institute the necessary proceedings in condemnation in order to acquire the easement; and providing an effective date. 42. Consider adoption of an ordinance authorizing the City Manager to sign an agreement partially releasing an easement granted to the City from a blanket easement previously assigned to the City of Denton from Brazos Electric Power Cooperative; and providing an effective date. 43. Consider nominations and appointments to the City's Boards and Commissions. 44. New Business This item provides a section for Council Members to suggest items for future agendas. 45. Items from the City Manager Notification of upcoming meetings and/or conferences Clarification of items on the agenda 46. Possible continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda March 21, 2000 Page 7 47. Official Action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ., 2000 o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. CITY OF DENTON CITY COUNCIL MINUTES ~.genda Item...~, Janu 8, 2000 The Council convened into a Regular Meeting on Tuesday, January 18, 2000 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Coehran, Durrance, and Kristoferson ABSENT: Council Member Young 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PROCLAMATIONS/PRESENTATIONS 2. Proclamation for World Religion Day Mayor Miller presented the proclamation for World Religion Day 3. Awards a. Presentation of MESAP (Municipal Electric Safety Accreditation Program) Award Joe Snyder presented the award to members of the Denton Municipal Electric Department. b. Presentation of Parks Foundation Award Jim Fykes presented the donation from Peterbilt Motors to the Denton Parks Foundation. c. Presentation of Distinguished Budget Presentation Award on the 1998-99 Denton Budget by the Government Finance Officer's Association Randy Moravec presented the award to Jon Fortune and staff. d. Presentation of Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officer's Association for Denton's Comprehensive Annual Financial Report for the fiscal year ended September 30, 1998. Randy Moravec presented the award to Jon Fortune and staff. CITIZEN REPORTS 4. The Council received a report from Willie Hudspeth regarding tree removal from his property. Mr. Hudspeth presented an update on the issue regarding tree removal from his property. City of Denton City Council Minutes January 18, 2000 Page 2 CONSENT AGENDA Council Member Cochran asked that Item #5 be pulled for separate discussion. Cochran motioned, Durrance seconded to postpone Item #5 to a work session for further Council discussion. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carded unanimously. Durrance motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances except for Item #5. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carded unanimously. 6. NO. 2000-020 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE LEASE OF OFFICE SPACE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2443 - LEASE OF OFFICE SPACE AWARDED TO D.D. MARTINO REALTY IN THE AMOUNT OF $18,360 PER YEAR) NO. 2000-021 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TABLES AND CHAIRS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2427 - TABLES AND CHAIRS FOR SERVICE CENTER AWARDED TO BKM TOTAL OFFICE OF TEXAS IN THE AMOUNT OF $19,670.76)) NO. 2000-022 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PADMOUNTED AND OVERHEAD CAPACITORS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2446 - CAPACITORS AWARDED AS LISTED IN THE AMOUNT OF $60,385) NO. 2000-023 AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRICAL SWITCHGEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2447 - S&C VISTA SWITCHGEAR ANNUAL CONTRACT AWARDED TO WESCO IN THE NOT TO EXCEED AMOUNT OF $130,000) City of Denton City Council Minutes January 18, 2000 Page 3 10. NO. 2000-024 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRUCKING SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2450 - TRUCKING SERVICES AWARDED AS LISTED) PUBLIC HEARINGS Council considered Item #12. 12. The Council continued a public hearing and considered zoning approximately 34 acres to One Family Dwelling (SF-16) zoning district and land use classification. The property was located south of E1 Paseo Drive, between Forrestridge Drive and Montecito Drive. Single family residential development was proposed. The Planning and Zoning Commission recommended approval (5-0). (Z-99-051, Shadow Brook Place) Dave Hill, Assistant City Manager for Development Services, stated that staff had received a request from the petitioner to postpone consideration of the proposal until the March 7th Council meeting. Council needed to open the public hearing and then continue it to March 7th. The Mayor opened the public hearing. Kristoferson motioned, Burroughs seconded to postpone consideration until March 7th. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carded unanimously. 11. The Council held a public heating and considered approving an amended Concept Plan for approximately 13.6 acres located between Mulkey and Audra Streets north of Paisley. The property was located in the Planned Development 9 (PD-9) zoning district. A D.I.S.D. education facility was proposed. The Planning and Zoning Commission recommended approval (5-0). (Z- 99-087, Las Flores) Doug Powell, Director of Planning and Development, reviewed the location of the proposal and indicated that the proposal was for an early childhood development center. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes January 18, 2000 Page 4 NO. 2000-025 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 70-52 TO PROVIDE FOR A CONCEPT PLAN FOR 13.64 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 9 (PD-9) ZONING DISTRICT; THE SUBJECT PROPERTY BEING LOCATED BETWEEN MULKEY AND AUDRA STREETS NORTH OF PAISLEY STREET; PROVIDING A SAVINGS CLASUE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-087) Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carded unanimously. 13. The Council held the second of two public heatings regarding a proposed volnntary annexation of approximately 18 acres located north of Spencer Road between Woodrow Lane and Loop 288 in southeast Denton. The property was the Denton Municipal Electric generation plant. The zoning at the time of annexation would be Light Industrial (LI). (A-98, DME Spencer Road generation planO The Mayor opened the public heating. No one spoke during the public hearing. The Mayor closed the public hearing. ITEMS FOR INDIVIDUAL CONSIDERATION 14. The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing a joint public hearing with the Planning and Zoning Commission and the City Council to be held on February 8, 2000 pursuant to Texas Local Government Code §211.007 (b) at the City Council Chambers at 6 o'clock p.m. to consider recommendation and action upon an ordinance creating nonresidential interim regulations for the implementation of the new comprehensive plan of the City of Denton; prescribing notice of the joint meeting pursuant to Texas Local Govemment Code §211.007 (d); providing for a recommendation by the Planning and Zoning Commission; superceding the provisions of all ordinances on the same subject matter to the extent of a conflict; and providing for an effective date. The following ordinance was considered: NO. 2000-026 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL TO BE HELD ON FEBRUARY 8, 2000 PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §211.007 03) AT THE CITY COUNCIL CHAMBERS AT 6 O'CLOCK P.M. TO CONSIDER RECOMMENDATION AND ACTION UPON AN ORDINANCE CREATING NONRESIDENTIAL INTERIM City of Denton City Council Minutes January 18, 2000 Page 5 REGULATIONS FOR THE IMPLEMENTATION OF THE NEW COMPREHENSIVE PLAN OF THE CITY OF DENTON; PRESCRIBING NOTICE OF THE JOINT MEETING PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §211.007 (D); PROVIDING FOR A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION; SUPERCEDING THE PROVISIONS OF ALL ORDINANCES ON THE SAME SUBJECT MATTER TO THE EXTENT OF A CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carded unanimously. 15. The Council considered the following requests for relief from the provisions of Ordinances 99-473 and 99-474, establishing moratoria to apply to certain specified development applications: a. b. C. d. Ryan Road, west of Teasley - 22.98 acres, SF-7 (Ordinance 99-473) PD-1 - 8 acres, University Avenue, Office/Tech. Center (Ordinance 99-474) Rudy's Bar-B-Q, Loop 288 in front of Tractor Supply Store (Ordinance 99-474) Robson Ranch, 1-35W at Crawford Rd. (Ordinance 99-474) Item 15a. Kenny Haufner spoke regarding the issue. Dave Hill, Assistant City Manager for Development Services, stated that the Council minutes of September 21, 1999 reflected that a landscape review had to be reviewed at Council prior to any further continuation of the proposal. Burroughs motioned, Beasley seconded to grant the relief but to have Council review a tree preservation plan before any platting would be allowed. Motion failed with a 3-3 tie. The item would be placed on the next Council agenda for consideration. Item 15b. Ray Sanders, 3508 Greenville, #12, Dallas, 75206, spoke regarding the issue. Burroughs motioned, Mayor seconded to approve the request for relief. On roll vote, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "nay", and Mayor Miller "aye". Motion failed with a 2-4 vote. Item 15c. Ray Sanders, 3508 Greenville, #12, Dallas, 75206, spoke regarding the issue. City of Denton City Council Minutes January 18, 2000 Page 6 Burroughs motioned, Beasley seconded to approve relief. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", and Mayor Miller "aye". Motion carded with a 4-2 vote. Item 1 Sd. Fred Peck, 1517 Rancho Dominguez, Corinth, 76205, spoke regarding the issue. Beasley motioned, Burroughs seconded to grant relief. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "aye", and Mayor Miller "aye". Motion carried with a 5-1 vote. 16. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to act on the City's behalf in executing a new public highway crossing agreement with the Union Pacific Railroad Company relating to the construction of the Nottingham Road railroad crossing at milepost 717.17 in the Choctaw Subdivision; authorizing the expenditure of funds for processing such agreement; and declaring an effective date. The following ordinance was considered: NO. 2000-027 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A NEW PUBLIC HIGHWAY CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY RELATING TO THE CONSTRUCTION OF THE NOTTINGHAM ROAD RAILROAD CROSSING AT MILEPOST 717.17 IN THE CHOCTAW SUBDIVISION; AUTHORIZING THE EXPENDITURE OF FUNDS FOR PROCESSING SUCH AGREEMENT; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carded unanimously. 17. The Council considered adoption of an ordinance of the City of Denton, Texas, closing a portion of the street right-of-way for Texas Street in the vicinity of Union Pacific Railroad's mile post 718.40 - Choctaw Subdivision and the Acme Brick private street in the vicinity of Union Pacific Railroad's mile post 720.69 - Choctaw Subdivision; providing for a savings clause; providing for severability; and declaring an effective date. The following ordinance was considered: NO. 2000-028 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CLOSING A PORTION OF THE STREET RIGHT-OF-WAY FOR TEXAS STREET IN THE VICINITY OF UNION PACIFIC RAILROAD'S MILE POST 718.40 - CHOCTAW SUBDIVISION AND THE ACME BRICK PRIVATE STREET IN THE VICINITY OF UNION City of Denton City Council Minutes January 18, 2000 Page 7 PACIFIC RAILROAD'S MILE POST 720.69 - CHOCTAW SUBDIVISION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carded unanimously. 18. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C. pertaining to representation of the City before the Public Utilities Commission of Texas ("PUC") in the areas of public utility regulatory law and administrative law, respecting any pertinent rulemaking proceeding or project, including representation pertaining to the implementation of Senate Bill 7, and legal advice concerning compliance with PUC roles respecting the activities of Denton Municipal Electric; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. The following ordinance was considered: NO. 2000-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS ("PUC") IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING ANY PERTINENT RULEMAKING PROCEEDING OR PROJECT, INCLUDING REPRESENTATION PERTAINING TO THE IMPLEMENTATION OF SENATE BILL 7, AND LEGAL ADVICE CONCERNING COMPLIANCE WITH PUC RULES RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carded unanimously. 19. The Council considered adoption of an ordinance canvassing the returns of the bond election held on January 15, 2000; and providing for an effective date. The following ordinance was considered: City of Denton City Council Minutes January 18, 2000 Page 8 NO. 2000-030 AN ORDiNANCE CANVASSiNG THE RETURNS OF THE BOND ELECTION HELD ON JANUARY 15, 2000; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kfistoferson "aye", and Mayor Miller "aye". Motion carded unanimously. 20. The Council considered approval of a resolution amending Resolution No. R99-045 passed by the City Council on September 7, 1999 to add projects approved by the voters at the January 15, 2000 General Obligation Bond Election to the General Government Capital Improvement Program for 2000-2004; providing a savings clause; and providing an effective date. The following resolution was considered: NO. R2000-002 A RESOLUTION AMENDiNG RESOLUTION NO. R99-045 PASSED BY THE CITY COUNCIL ON SEPTEMBER 7, 1999 TO ADD PROJECTS APPROVED BY THE VOTERS AT THE JANUARY 15, 2000 GENERAL OBLIGATION BOND ELECTION TO THE GENERAL GOVERNMENT CAPITAL IMPROVEMENT PROGRAM FOR 2000-2004; PROVIDiNG A SAViNGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carded unanimously. 21. The Council considered nominations/appointments to Boards and Commissions. Council Member Cochran nominated Mark Sandal to the Historic Landmark Commission. Cochran motioned, Beasley seconded to suspend the rules and vote on the nomination. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carried unanimously. On roll vote on the nomination, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carded unanimously. 22. Miscellaneous matters from the City Manager. City Manager Jez did not have any items for Council. 23. New Business The following items of New Business were suggested by Council Members for future agendas: City of Denton City Council Minutes January 18, 2000 Page 9 A. Council Member Cochran asked for a work session report on what other cities were doing in terms of volunteer programs. B. Council Member Cochran asked for a report regarding a proposed mobile home park in Denton's ETJ near Lake Ray Roberts in terms of location and the City's options regarding the proposal. 24. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 25. There was no official action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:40 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 19, 2000 Joint Meeting of the City of Denton City Council and the Denton Independent School District Board of Trustees on Wednesday, January 19, 2000 at 12 noon in the City of Denton City Council Work Session Room at City Hall, 215 E. McKinney. PRESENT: Mayor Miller, Mayor Pro Tem Beasley; Council Members Burroughs, Durrance, and Kristoferson. ABSENT: Council Members Cochran and Young. 1. Mayor Miller called the Council to order and announced a quorum. 2. The Council received a report and held a discussion regarding information sharing between the City of Denton and the Denton Independent School District Dave Hill, Assistant City Manager for Development Services, stated that the types of communication anticipated were: (1) assessment of development impacts related to zoning decisions; (2) school site selection and adequacy of infrastructure; (3) coordination of capital budgets to ensure proper functioning facilities; (4) data used to indicate projected facility needs; and (5) sharing of facilities or programs. Mayor Pro Tem Beasley asked if the DISD staff could provide the City with information for zoning cases. She stated the Council did not know all of the land the school district owned and where prospective schools would be built. Board Trustee Schaacke suggested staff proceed with the steps to initiate staff-to-staff contact and information sharing. City Manager Jez suggested that the respective staff members come up with a written policy to handle staff-to-staff and department-to-department information sharing. 3. The Council received a report and held a discussion regarding the new bus routes for the Denton transportation system. Veronica Rolen, Public Transportation Coordinator, presented an update on the new bus routes. 4. The Council received an update and held a discussion on the joint use of facilities: (a) early childhood center on Audra; (b) Aquatics Center; and (c) MeMath Track. 5. The Council received a report and held a discussion regarding the widening of McKinney Street. Rick Svehla, Deputy City Manager stated that McKinney Street was scheduled to be widened to four lanes by October 2003. 6. The Council received an update and held a discussion regarding Teen Court. Robin Ramsay, Municipal Court Judge, Roland Jones, Teen Court Coordinator for Juvenile Diversionary Services, and Reed Jackson, DISD, gave an update. Discussion followed and it City of Denton City Council Agenda January 19, 2000 Page 2 was mutually agreed upon to share information between the City, DISD, and Juvenile Diversionary Services. 7. The Council received an update on the City's Capital Improvement Program. Rick Svehla, Deputy City Manager presented the Bond Election brochure which listed the breakdown of projects. 8. The Council received an update and held a discussion regarding possible school site locations. Superintendent Braswell stated that this item was covered in the discussion on the first item. With no further discussion, the meeting was adjourned at 2:25 p.m. JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 25, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting of the City of Denton City Council on Tuesday, January 25, 2000 at 5:15 p.m. in the Council Work Session Room. PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: Mayor Miller 1. Closed Meeting A. Consultation with Attorney - Under TEX. GOV'T. CODE Section 551.071 Considered and discussed status of litigation styled Municipal Administrative Services, Inc. v. City of Denton, Cause No. 99-50263-367, pending in the 367th District Court of Denton County, Texas, including possible settlement and results of mediation. Considered and discussed contemplated litigation concerning actions to be taken, including the possible rezoning of the RNW Addition: an approximate 8.3 acre commercial site included within the boundaries of PD-16, an approximate 11.2 acre tract located on the southwest comer of Teasley and Teasley - Item 1.b on the special meeting agenda - including discussion with the City's attorneys of the legal aspects of such a rezoning under circumstances where the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas requires such discussions to be held in private. The Council convened in a Work Session on Tuesday, January 25, 2000 at 6:00 p.m. in the Council Work Session Room in City Hall. PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: Mayor Miller 1. The Council received a report and held a discussion on the Comprehensive Annual Financial Report for the year ended September 30, 1999. Kathy DuBose, Assistant City Manager of Fiscal/Municipal Services, introduced Terry Kyle, Deloitte and Touche, who presented the Comprehensive Annual Financial Report, the Single Audit Reports and the Report to Management. 2. The Council received a report and held a discussion regarding the Fiscal Year 1998-99 Annual Investment Report. Diana Ortiz, Director of Fiscal Operations, presented the Annual Investment Report. City of Denton City Council Agenda January 25, 2000 Page 2 3. The Council received a report, held a discussion, and gave staff direction regarding the cash handling regulations policy. Diana Ortiz, Director of Fiscal Operations, stated the new policy consolidated five existing cash policies. She stated the new policy outlined procedures for quality control. The new policy required training and certification of each employee responsible for handling cash. It also established the specific individuals accountable for their cash station. She stated the policy was last updated in 1989. Consensus of council was to proceed with implementing the new policy. 4. The Council received a report, held a discussion, and gave staff direction regarding a telecommuting policy. Carla Romine, Director of Human Resources, presented an overview of the policy. She stated that a pilot program was started in May 1999 and ended in September 1999. She stated there was a growing need for City staff to implement alternative ways to retain exemplary employees as well as devise effective ways to deliver quality service. Other anticipated benefits for the employer would be: enhanced employee recruitment and retention; improved employee work performance/productivity; reduced turnover and absenteeism; increased morale; reduced office expenses; and potentially eased accommodation of disabilities. Benefits for the employee would be: improved job satisfaction; greater flexibility to establish a work environment; job retention for the mobility-limited and physically impaired; greater flexibility to choose own hours; eliminated commuting aggravation; and potential money savings. Council Member Cochran asked what classes of jobs would work with this policy. He asked how many city employees would fit into this category. Romine stated they did not have a count on which jobs could be considered for telecommuting. She stated that it would ultimately be up to the department director and specifications would be reviewed by Risk Management and Human Resources. Kathy DuBose, Assistant City Manager of Fiscal/Municipal Services, stated that this would be a limited usage policy. Consensus of the council was to proceed with implementing the new policy. 5. The Council received a report, held a discussion, and gave staff direction concerning proposed Solid Waste regulations and related rate adjustments. Charlie Watkins, Director of Solid Waste, stated that the Solid Waste staff has been monitoring the effectiveness of the amendment to the Solid Waste Ordinance approved last year. He stated that the portion of the ordinance relating to bulky it~m~ anO trash ar~uml 0,ump~r~ wa~ not a~ effective as had been desired. All commercial customers were invited to a public meeting to discuss these issues identify possible solutions. The following suggestions were made relating to bulky item collections in the existing ordinance: the collection day would be moved to the first Thursday of each month; up to eight City of Denton City Council Agenda January 25, 2000 Page 3 bulky items could be placed for collection; established fees for collection of non-compliant bulky items or trash around dumpsters; established fees for unlawful placement of bulky items on curb or next to dumpster unless within 48 hours of scheduled monthly collection; dumpsters should be moved off curb where feasible. Consensus of the Council was to proceed with revising the ordinance with suggested changes. 6. The Council received a report, held a discussion, and gave staff direction regarding the rationale and policy options available for implementation of a rental property licensing and inspection program. Crreg Mitchell, Building Official, stated that the Comprehensive Plan contained a recommendation calling for the development of a program for periodic inspection and enforcement of city codes with respect to apartment structures. He stated that presently there was no requirement for maintenance on multi-family housing. Consensus of the council was to hold some neighborhood meetings and find out what the citizens wanted. 7. The Council received a report, held a discussion, and gave staff direction regarding the City of Denton Small Area Plan Annual Report. Dedra Ragland, Small Area Planning Manager, highlighted some of the goals that had been achieved. Staff determined that it would be necessary to provide the citizens with a Small Area Planning Orientation pamphlet. This would assist and guide neighborhoods interested in having a small area plan prepared for their area. Council directed staff to continue with the Small Area Planning Program. 8. The Council received a report, held a discussion, and gave staff direction regarding the draft interim residential and nonresidential development standards ordinance. Dave Hill, Assistant City Manager for Development Services, stated there were two new draft versions of the ordinances. Hill reviewed the highlights of the changes. The applicability section was revised. The May 1st, 1997 date was deleted from the draft ordinance, only one date would be used. A "Design Plan" requirement was added for residential developments considered to be partially exempt. A partial exemption referred to applications approved or received prior to the effective date of the interim ordinance that showed single-family lot layout or multi-family building size or footprints. Ed Snyder, Assistant City Attorney, stated that the amendments were text amendments to the City's existing codes. He stated the exemption section was revised to provide for the following exemptions: a residential development application that qualified as a minor plat and did not exceed 5 acres in size; an application for approval of a conveyance plat; a non-residential portion of a Planned Development that was affected by the ordinance; a residential development within an agricultural zoning district; a residential development application that either was approved or that was accepted for filing prior to the effective date the ordinance that showed either the lot layout for single-family dwellings or the size of or building footprint for a multi-family dwelling, City of Denton City Council Agenda January 25, 2000 Page 4 or any subsequent application for that residential development, provided that such application was subsequently approved and further provided that the requirements for submission of a design plan should apply to all subsequent applications. Hill stated the Residential Interim Regulations would go before the Planning and Zoning Commission on January 26th for their recommendation. It would come before the Council on February 1St for action. He stated the Nonresidential Interim Regulations would be presented to the Planning and Zoning Commission in a work session on January 26th. A joint Planning and Zoning/City Council public hearing would be held on February 8th. It would go before the Planning and Zoning Commission on February 9th for their recommendation and come before the Council on February 15th for action. Council made recommendations for revisions to the draft ordinances. Direction from council was to continue with the schedule presented. 9. The Council received a report, held a discussion and gave staff direction regarding a planned development sunsetting ordinance, which sets time limits on all steps and processes in planned development districts. Herb Prouty, City Attorney, stated that the ordinance was based on the concept that the various stages of the PDs - concept plan, development plan, and detailed plan - all be subjected to time limits. Terry Morgan stated that the Council might want to determine whether the PD time limit ordinance was necessary if the Council adopted interim development regulations, or whether some aspects of the PD time limit ordinance should be considered as a part of the interim development regulations. Hill stated that the establishment of time limits on various steps of the PD process with requirements of notice and a grace period would involve more staff time to consider some of the PDs involved in the process. Consensus of the Council was for staff to bring this item back to the Council on February 8. Following the completion of the Work Session, the Council convened into a Special Called Session to consider the following: PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: Mayor Miller 1. The Council received a report, conducted deliberations, and determined appropriate actions to be taken, including potential initiation of rezoning, regarding two nonresidential City of Denton City Council Agenda January 25, 2000 Page 5 development projects considered to be inconsistent with the City of Denton Comprehensive Plan, identified as follows: Ryan-Teasley: an approximate 13.7-acre commercial and multi-family site included within the boundaries PD-93, an approximate 30.4-acre tract located on the southwest comer of Ryan Road and Teasley Lane. RNW Addition: an approximate 8.3-acre commercial site included within the boundaries of PD-16, an approximate 11.2-acre tract located on the southwest comer of Teasley and Teasley. Herb Prouty, City Attorney, recommended the Council convene into closed session to deliberate regarding this item. The Council convened into closed session under Section 551.071 at 9:06 p.m. The Council reconvened in open session at 10:37 p.m. Dave Hill, Assistant City Manager for Development Services, stated that the council had the staff reports prepared for the Planning and Zoning Commission. Current status of each project was detailed. He stated that the Council could defer a decision on this tonight, which would give staff time to review the potential impact of the interim regulations on this. The following individuals spoke regarding the item: Alyson Archer, 2112 W. Spring Creek, Piano, spoke in opposition to 1.a. Howard Compton, 901 Main Street, Dallas spoke in opposition to item 1.b. Raymond Redmon, 710 E. Prairie Street, spoke in support of keeping the present zoning for l.a. & b. Cochran motioned to continue this item to the February 1 meeting and for staff to bring back more information regarding this, Burroughs seconded. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "nay". Motion carded with a 5-1 vote. With no further business, the meeting was adjourned at 11:15 p.m. RONI BEASLEY, MAYOR PRO TEM CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 1, 2000 Regular Meeting of the City of Denton City Council on Tuesday, February 1, 2000 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Kristoferson and Young. ABSENT: Council Members Durrance and Cochran 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PROCLAMATIONS/PRESENTATIONS 2. February Yard-of-the-Month Awards Mayor Miller presented the following Yard of the Month awards: A. Steve and Andrea Talkington B. Eddena Hardin C. P.J.'s #5 3. Proclamations Mayor Miller presented the following proclamations: a. Dianne Baker Day b. American Heart Month 4. Resolution of Appreciation a. The Council considered approval of a resolution of appreciation for David Ayers. Young motioned, Beasley seconded to approve the resolution of appreciation for David Ayers. On roll vote, Beasley "aye", Burroughs "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. CITIZEN REPORTS 5. The Council received a report from Willie Hudspeth regarding tree removal from his property. Mr. Hudspeth stated that the City had removed trees from his property and felt that it was not necessary to remove the trees. He also felt that there had been an illegal inspection of his property in retaliation to his coming to Council. Council Member Durrance arrived at the meeting. City of Denton City Council Minutes February 1, 2000 Page 2 6. The Council received a report from Jimmy Wagner regarding a water line on Carpenter Road. Mr. Wagner stated that he had appreciated receiving a water line since they had been annexed into the City. He asked about receiving City sewer in the area. 7. The Council received a report from Lonnie Hillard regarding loud stereo systems in cars. Mr. Hillard was not present at the meeting. 8. The Council received a report from Nell Yeldell regarding noise and actions of concrete company in area. Ms. Yeldell expressed concem regarding the noise and actions of the concrete company in the area near her home. 9. The Council received a report from Ross Melton regarding "joy-riding". Mr. Melton stated that he had concerns about city government and the elected officials. CONSENT AGENDA Council Member Young asked for a separate vote for Item #23. Beasley motioned, Durrance seconded to approve the Consent Agenda and accompanying ordinances and resolutions except for Item #23. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 10. NO. 2000-031 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PROMOTIONAL COMMERCIALS FROM CHARTER MEDIA, DENTON, TEXAS, PERTAINING TO DENTON MUNICIPAL ELECTRIC, WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER #02707 TO CHARTER MEDIA IN THE AMOUNT OF $36,608.00) 11. NO. 2000-032 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR City of Denton City Council Minutes February 1, 2000 Page 3 THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER #02706 TO iNFORMIX IN THE AMOUNT OF $42,560) 12. NO. 2000-033 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS AND SERVICES AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER #02772 TO CANON USA, INC., C/O DATAMAX IN THE AMOUNT OF $27,341) 13. NO. 2000-034 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE MAINTENANCE FOR THE MAINFRAME COMPUTER AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER #00627 TO IBM CORPORATION IN THE AMOUNT OF $76,989.43). 14. NO. 2000-035 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2445 - POSITION TEST BOARD OPERATION SYSTEMS AWARDED TO WATTHOUR ENGINEERING CO., INC. IN THE AMOUNT OF $37,500) 15. NO. 2000-036 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF WHEEL LOADERS AND MOTORGRADER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2433 - RUBBER TIRE WHEEL LOADERS AND MOTORGRADER AWARDED AS LISTED, TOTAL EXPENDITURE $837,563) 16. NO.R2000-003 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING CITY POLICIES REGARDING TELECOMMUTING BY CITY EMPLOYEES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes February 1, 2000 Page 4 17. NO. 2000-037 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 18. NO. R2000-004 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING THE HANDLING OF CASH BY CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. 19. NO. 2000-038 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING A DEPOSITORY FOR CITY FUNDS FOR A TERM BEGINNING MARCH 1, 2000 AND ENDING FEBRUARY 28, 2002; AUTHORIZING THE MAYOR TO EXECUTE A DEPOSITORY CONTRACT WITH TEXAS BANK AS THE PRIMARY DEPOSITORY; AUTHORIZING THE CITY MANAGER AND OTHER CITY EMPLOYEES TO TRANSACT BUSINESS WITH THE DEPOSITORY; AND PROVIDING FOR AN EFFECTIVE DATE. 20. NO. 2000-039 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 21. NO. 2000-040 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND LENNOX OAKS-II, L.P. FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 22. NO. 2000-041 AN ORDINANCE AMENDING THE CITY OF DENTON CODE OF ORDINANCES, CHAPTER 26, UTILITIES, AND AMENDING AND SUPERSEDING ORDINANCE City of Denton City Council Minutes February 1, 2000 Page 5 NO. 99-373, BY ESTABLISHING UNIFORM REGULATIONS TO GOVERN THE USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF ELECTRIC UTILITY SERVICE IN THE CITY OF DENTON, TEXAS; PROVIDING DEFINITIONS; REQUIRING SUCH USERS TO OBTAIN A FRANCHISE FROM THE CITY PRIOR TO SUCH USE; PRESCRIBING THE COMPENSATION TO BE PAID TO THE CITY BY PROVIDERS; PRESCRIBING THE CONDITIONS UNDER WHICH SUCH USERS MAY USE AND OCCUPY THE PUBLIC RIGHTS-OF-WAY; REQUIRING UNDERGROUNDING OF CONDUITS; REQUIRING JOINT USE OF POLES AND CONDUITS; REQUIRING THE MAINTENANCE OF MAPS AND DATA REGARDING FACILITIES IN PUBLIC RIGHT-OF-WAY; PROVIDING FOR ENFORCEMENT OF THE REGULATIONS AND FRANCHISES GRANTED THEREUNDER; PROVIDING FOR TWO PENALTIES IN THE AMOUNT OF $150.00 EACH, FOR EACH VIOLATION THEREOF; PROVIDING FOR TWO PENALTIES IN THE AMOUNT OF $100.00 EACH, FOR EACH VIOLATION THEREOF; PROVIDING FOR OTHER AND FURTHER LEGAL REMEDIES IN THE EVENT OF PROVIDER'S VIOLATION OF THE PROVISIONS OF THIS ORDINANCE OR OF ANY FRANCHISE; PROVIDING FOR GOVERNMENTAL IMMUNITY OF THE CITY AND ITS EMPLOYEES; PROVIDING FOR INSURANCE; PROVIDING A SEVERABILITY PROVISION; PROVIDING AN EFFECTIVE DATE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. 24. NO. 2000-043 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 99-294, AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING FOR AN AMENDMENT TO THAT PART OF THE RESIDENTIAL SOLID WASTE COLLECTION SERVICE SCHEDULE (SWR) AND FOR AN AMENDMENT TO THAT PART OF THE COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE SCHEDULE (SWC) RESPECTING THE CHARGE FOR COLLECTION OF APPLIANCES; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS 25. The Council held two public hearings and considered the following actions to initiate ' implementation of the Fry Street Small Area Plan: Considered approval of a resolution amending the Fry Street Small Area Plan off- street parking recommendation to include an interim revision of the off-street parking requirements for nonresidential development from one parking space per 200 square feet of gross floor area to one parking space per 400 square feet of gross floor area. The adopted plan recommended the creation of a special zoning district that eliminates off-street parking requirements. Held a public heating and considered adoption of an ordinance amending Chapter 35 of the Code of Ordinances of the City of Denton to add Article XI "Fry Street City of Denton City Council Minutes February I, 2000 Page 6 Overlay Zoning District" and amending the zoning map of the City of Denton, Texas, as same was adopted as an appendix to the Code of Ordinances of the City of Denton, Texas by Ordinance No. 69-1, as amended said map applying to 12.42 acres of land as is more particularly described herein, to provide for the creation of a special zoning overlay district in accordance with the provisions of the Code of Ordinances; said district to be known as the Fry Street District; providing for a penalty in the maximum amount of $2000.00 for violation thereof; providing a severability clause and providing for an effective date. Co Held a public heating and considered adoption of an ordinance amending Chapter 24 "Solid Waste" of the Code of Ordinances of the City of Deuton, by adding Article IV "Possession of open glass containers in Fry Street District"; providing a severability clause; providing a penalty in the maximum amount of $500.00 for violations thereof; and providing an effective date. Mayor opened the public hearing. No one spoke during the public hearing. Mayor closed the public hearing. The following resolution was considered: NO. R2000-005 A RESOLUTION AMENDING THE FRY STREET SMALL AREA PLAN FOR OFF- STREET PARKING RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR AREA IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. The following ordinance was considered: NO. 2000-044 AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO ADD ARTICLE XI "FRY STREET OVERLAY ZONING DISTRICT" AND AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AS AMENDED SAID MAP APPLYING TO 12.42 ACRES OF LAND AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR THE CREATION OF A SPECIAL ZONING OVERLAY DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF THE CODE OF ORDINANCES; SAID DISTRICT TO BE KNOWN AS THE FRY STREET DISTRICT; PROVIDING FOR A PENALTY IN THE City of Denton City Council Minutes February 1, 2000 Page 7 MAXIMUM AMOUNT OF $2000.00 FOR VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On mil vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carded with a 5-1 vote. The following ordinance was considered: NO. 2000-045 AN ORDINANCE AMENDING CHAPTER 24 "SOLID WASTE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, BY ADDING ARTICLE IV "POSSESSION OF OPEN GLASS CONTAINERS IN FRY STREET DISTRICT"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. Council Member Burroughs offered a friendly amendment to include the wording "except for use on the premise where such container is used or acquired". Young motioned to amend the motion to allow for a variance procedure for the use of glass containers for special events. Motion died for lack of a second. Beasley and Durrance agreed to incorporate the wording of Council Member Burroughs' friendly amendment. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 26. This item was withdrawn. 27. The Council continued a public heating and considered rezoning approximately 47 acres from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The property was located on the south side of McKirmey Street (F.M. 426), approximately 3,000 feet east of the intersection with Trinity Road. Development of a single-family subdivision with a minimum 5,500 square foot lot size was proposed. The Planning and Zoning Commission recommended approval (6-1) with conditions. (Z-99-046, LakeviewRanch -PD) The Mayor opened the public hearing. The following individuals spoke during the public hearing: Paul Spain, representing the developer, spoke in favor. The Mayor closed the public heating. City of Denton City Council Minutes February 1, 2000 Page 8 Beasley motioned, Young seconded to approve the rezoning with the conditions as noted by the Planning and Zoning Commission plus 3.8 acres for open land, 75% brick and garage offsets as indicated in the interim ordinance. Mr. Spain requested Council removed the condition regarding the bridge. If Council was not willing to remove that condition, he would request a delay to work out the requirements for the transportation issues. Young motioned, Burroughs seconded to postpone consideration of the rezoning with a continuation of the public hearing for two weeks from this meeting. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. Burroughs motioned, Kxistoferson seconded to reopen the public hearing and continue the public heating at the next regular meeting of the Council. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 28. The Council continued a public hearing and considered rezoning approximately 410 acres from an Agricultural (A) zoning district to a Single-family 7 (SF-7) zoning district on about 133 acres, Single-family 10 (SF-10) zoning district on about 85 acres, and Single-family 13 (SF-13) zoning district on about 192 acres. The property was located between University Drive (HWY 380) and McKinney Street (F.M. 426) east of Mayhill Road. Development of a mix of single- family lots and housing types was proposed. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-072, Lakeview Ranch) The Mayor opened the public heating. No one spoke during the public hearing. Young motioned, Burroughs seconded to continue the public hearing at the next regular Council meeting. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. Item #23 was considered 23. NO. 2000-042 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLID WASTE; AMENDING SECTION 24-5 TO CLARIFY THE LANGUAGE REGARDING UNAUTHORIZED USE OF ANOTHER'S SOLID WASTE CONTAINER; AMENDING SECTION 24-6(A) TO ADD MANAGER OR AGENT AS PERSONS WHO ARE HELD RESPONSIBLE FOR COMPLYING WITH SECTION 24-6(A); AMENDING SECTION 24-6(B) TO PROVIDE THAT THE DEFENSE TO PLACING BULKY ITEMS NEXT TO A SOLID WASTE CONTAINER ONLY APPLIES TO PERSONS AUTHORIZED TO USE THAT SOLID WASTE CONTAINER; ADDING A NEW SECTION 24-13 TO ESTABLISH FEES FOR CLEANING THE AREA SURROUNDING SOLID WASTE City of Denton City Council Minutes February 1, 2000 Page 9 CONTAINERS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. Council Member Young requested a meeting within two weeks for those affected by this ordinance to inform them of the change. Beasley motioned, Kristoferson seconded to adopt the ordinance with understanding that there would be a meeting within two weeks of today's date to inform the customers of the proposed change. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 29. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Chapters 34 and 35 of the City of Denton Code of Ordinances; establishing interim standards, regulations and procedures for applying policies of the adopted comprehensive plan to residential developments pending adoption of a revised development code; providing for administration of such standards and regulations; providing for exemptions; providing for severability; providing an effective date; and providing a savings clause. (The Planning and Zoning Commission recommended adoption, 4-3, with conditions.) Mayor Miller stated that there was a Speaker Card for this item. Ike Shupe, 1717 Main, Suite 2800, Dallas 75201 -concem regarding procedure The following ordinance was considered: NO. 2000-046 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTERS 34 AND 35 OF THE CITY OF DENTON CODE OF ORDINANCES; ESTABLISHING INTERIM STANDARDS, REGULATIONS AND PROCEDURES FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO RESIDENTIAL DEVELOPMENTS PENDING ADOPTION OF A REVISED DEVELOPMENT CODE; PROVIDING FOR ADMINISTRATION OF SUCH STANDARDS AND REGULATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. Beasley motioned, Burroughs seconded to adopt the ordinance with the changes as presented by the Planning and Zoning Commission. Council Member Burroughs suggested a friendly amendment to the motion to include the original language on affordable housing with a density increase not exceeding 10% with a minimum of 50% of all dwelling units eligible to participate in such program. City of Denton City Council Minutes February 1, 2000 Page 10 Mayor Pro Tem Beasley agreed to that friendly amendment to her motion. On roll vote, Beasley "aye", Burroughs "aye", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carded with a 4-2 vote. 30. The Council considered adoption of an ordinance amending Section 2-83(c) of Article III "Boards, Commissions, and Committees" of the Code of Ordinances of the City of Denton establishing an attendance policy and broadening the excused absence requirements; providing a savings clause; providing a severability clause; and providing an effective date. The following ordinance was considered: NO. 2000-047 AN ORDINANCE AMENDING SECTION 2-83(C) OF ARTICLE III "BOARDS, COMMISSIONS, AND COMMITTEES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON ESTABLISHING AN ATTENDANCE POLICY AND BROADENING THE EXCUSED ABSENCE REQUIREMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 31. The Council considered adoption of an ordinance to voluntarily annex approximately 24 acres of land located at the southwest comer of 'Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. Second reading of ordinance. (A-96, Silver Dome at Cooper Creek) The following ordinance was considered: NO. 2000-48 AN ORDINANCE TO VOLUNTARILY ANNEX APPROXIMATELY 24 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF SILVER DOME AND COOPER CREEK IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS, TO APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE AND TO PROVIDE FOR AN EFFECTIVE DATE Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 32. The Council considered the following requests for relief from the provisions of Ordinances 99-473 and 99-474, establishing moratoria to apply to certain specified development applications: City of Denton City Council Minutes February 1, 2000 Page 11 ao Ryan Road, west of Teasley - 22.98 acres, zoned SF-7. (Affected by Ordinance 99-473) This request had been continued from the January 18th City Council meeting due to a tie vote, 3-3. Ace Business Park, Meadow Street, between Inman and Dougherty, zoned Commercial. (Affected by Ordinance 99-474) This request was denied by City Council on January 11th, 4-2. Payne Storage Lockers, 520 Fort Worth Drive, zoned Commercial. (Affected by Ordinance 99-474) This request had not been previously reviewed by City Council. Ashton Dallas Residential, L.L.C., Teasley Lane south of Robinson Road - 58.351 acres, zoned SF-10. (Affected by Ordinance 99-473) This request had not been previously reviewed by City Council. Item a. was pulled from consideration as a full Council was not present to consider the item as required by the Council's Rules of Procedure. Item b. was pulled as there had been no request for reconsideration by the developer due to prior denial by Council. Item d. was pulled from consideration due to the termination of the residential moratorium. Item c. Bill Payne 1620 Villa Court, Corinth spoke in favor of the request. Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley "aye", Burroughs "aye", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carded with a 4-2 vote. 33. The Council was to have considered adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 99-473 to extend the term of the moratorium established pending the adoption of interim standards for applying policies of the adopted comprehensive plan to certain specified residential development applications prior to adoption of a revised land development code; providing for a savings clause; providing for a severability clause; and providing for an effective date. This item was not considered. 34. The Council considered approval of a resolution appointing a special five (5) member Oversight Committee to monitor, evaluate, and report on the progress of the five-year Capital Improvements Program, subject to the authorization of the voters at the Bond Election on January 15, 2000; and providing an effective date. City of Denton City Council Minutes February 1, 2000 Page 12 Council Member Young felt that a minority needed to be appointed to the committee and recommended Bill Redmon. Mayor Pro Tem Beasley suggested adding Greg Sawko. Council Member Young suggested adding Fran Morgan. The following resolution was considered: NO. R2000-006 A RESOLUTION APPOINTING A SPECIAL FIVE (5) MEMBER OVERSIGHT COMMITTEE TO MONITOR, EVALUATE, AND REPORT ON THE PROGRESS OF THE FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM, SUBJECT TO THE AUTHORIZATION OF THE VOTERS AT THE BOND ELECTION ON. JANUARY 15, 2000; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to approve the resolution increasing the membership to seven members to include Fran Morgan and Greg Sawko. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 35. The Council received a report, conducted deliberations, and determined appropriate actions to be taken, including potential initiation of rezoning, regarding two development projects considered to be inconsistent with the City of Denton Comprehensive Plan, identified as follows: Ryan-Teasley: an approximate 13.7-acre commercial and multi-family site included within the boundaries PD-93, an approximate 30.4-acre tract located on the southwest comer of Ryan Road and Teasley Lane. RNW Addition: an approximate 8.3-acre commercial site included within the boundaries of PD-16, an approximate l l.2-acre tract located on the southwest comer of Teasley and Teasley. Item a. was considered. Alyson Archer, 2112 W. Spring Creek Parkway, Plano, 75023 spoke regarding opposition to the downzoning. It was noted that the interim standards just approved would apply to the multifamily portion of the development and the commercial portions would be done in stages. No action was taken on Item a. Item b. was considered. The following individuals spoke regarding the issue: City of Denton City Council Minutes February 1, 2000 Page 13 Bill Dalstrom, 1445 Ross Avenue, Suite 3200, Dallas, 75202 - favor Cary Moon, 14643 Dallas, Parkway, #910, Dallas, 75240 - favor Howard Compton, 910 Main Street, Dallas, 75202 - not in favor ofrezoning Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205 - in favor ofrezoning Mayor Miller indicated the following individuals submitted comment cards: Lynn Thompson, 1520 Hunters Ridge, Denton, 76205 - in favor of rezoning Debra Leonardi, 800 Smokerise, Cimle, Denton, 76205 - in favor ofrezoning Jeff and Cathie King, 2241 Hollyhill, Denton, 76205 - in favor ofrezoning Dalstrom suggested postponing consideration for a week to allow the developer additional time to work with the neighborhoods on the proposal. Durrance motioned, Burroughs seconded to postpone consideration until the February 8th meeting. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 36. Consider nominations and appointments to the City's Boards and Commissions. Council Member Burroughs nominated Teresa Andress to the Parks and Recreation Board. Beasley motioned, Young seconded to waive the Council's rules and vote on the nomination at this meeting. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. On roll vote of the nomination, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 37. Miscellaneous matters from the City Manager. City Manager Jez did not have any items for Council. 38. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Burroughs requested the addresses of the principal bidders for contracts be included in the agenda materials. B. Council Member Young asked for a report on odors from the City's composting pile. C. Council Member Kristoferson requested a work session on conservation options for land. City of Denton City Council Minutes February 1, 2000 Page 14 39. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 40. There was no official action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 10:03 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 8, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, February 8, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Durrance, Kristoferson and Young. ABSENT: Council Member Cochran 1. Closed Meeting Ao Deliberations Regarding Real Property --- Under TEX. GOV'T. CODE Section 551.072. Discussed, deliberated, considered, received information from Staff, and provided Staff with direction, pertaining to the location of, the purchase price of, the possible terms of sale of, and valuation issues respecting the possible acquisition of an approximate 1.7 acre tract of real property by the City of Denton Municipal Utilities Department for a public purpose; which real property lies within the BBB-CRR Survey, Abstract No. 141, in Denton County, Texas, and was located near the intersection of Loop 288 and Interstate Highway 35. Considered the value of approximately .2 acre of property at the comer of Parkway and Carroll. Special Called Session of the City of Denton City Council on February 8, 2000 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Durrance, Kristoferson and Young. ABSENT: Council Member Cochran 1. The Council held a joint City Council/Planning & Zoning Commission public heating to receive public input, consider, make recommendations and/or take appropriate action concerning an ordinance adopting nonresidential interim regulations implementing policies contained within the new Comprehensive Plan. Mayor Miller indicated that Council had a quorum present for the joint public hearing. Jim Englebrecht, Chair-Planning and Zoning Commission, indicated that the Commission had a quorum present for the joint public hearing. The Mayor and Commissioner Englebrecht opened the public hearing. The following individuals spoke during the public hearing: City of Denton City Council Minutes February 8, 2000 Page 2 Wayne Allen, 2451 Windsor, Denton, 76205 - opposition Rob Rayner, 1108 Dallas Drive, Suite 210, Denton, 76201 - opposition Dan Martin, 717 Lafayette Drive, Denton, 76205 - opposition Cliff Reding, 1409 Hunters Ridge, Denton, 76205 - opposition Bill Colville, 3010 Santa Monica, Denton, 76205 - opposition Frank Cunningham, 1604 Churchill, Denton, 76201 o opposition Joe Mulroy, 119 Ridgeerest, Denton, 76205 - opposition Don Frazier, 1740 Westminister, Denton, 76205 - opposition Chuck Carpenter, 1112 Pennsylvania, Denton, 76205 - opposition Robyn Mullendor, Denton- favor Ike Shupe, 171 Main Dallas, 75201 - opposition Chad Miller, 7333 Somerset, Aubrey, 76227 - opposition Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205 -opposition George Highfill, 3204 Windy Hill, Denton, 76201 - opposition The following individuals presented comment cards: Mark Leatherwood, 3940 Parkhaven Drive, Denton, 76205 - opposition Sue Darby, 2215 S. Loop 288, #410, Denton, 76205 - opposition Ann Houston, 1910 Emerson, Denton, 76201 - opposition April Leatherwood, 3940 Parkhaven Drive, Denton, 76205 - opposition Kevin Williams, 3329 N. Bell, Denton, 76201 - opposition Ellen Painter, 207 N. Bonnie Brae, Denton, 76201 - opposition Christine Rowell, 1300 Vista Verde, Denton, 76205 - opposition Andy and Cheryl Kerestine, 201 Solar Way, Denton, 76207 - opposition Shanna Kerestine, 1808 Willowwood, Denton, 76205 - opposition Fred and Sara McBee, 3605 Granada Trail, Denton, 76205 - opposition Dick Smith, 721 W. Hobson, Denton, 76205 - opposition Jim Fykes, 2217 Hollyhill, Denton, 76205 ~ opposition After a discussion on proper legal procedures to follow, Young motioned, Burroughs seconded to continue the public hearing to a date certain with staff working with Council and the Planning and Zoning Commission to review the proposed ordinance. After further discussion, Young and Burroughs withdrew their motion and second. The Mayor closed the Council's public hearing. Commissioner Englebrecht closed the Planning and Zoning Commission's public hearing. Mayor Miller suggested that a task force be established to review the ordinance along with the Planning and Zoning Commission and City Council as quickly as possible so that at the earliest time a proposal could be returned with a public hearing on a proposed ordinance. Young motioned, Beasley seconded to adopt Mayor Miller's recommendations. Staff would plan for a review of the ordinance with appropriate individuals for Council to consider at the next work session. The interim ordinance would be delayed at this point in time. Staff would work with the Chamber of Commerce and other interested individuals for recommendations for City of Denton City Council Minutes February 8, 2000 Page 3 suggestions for the interim ordinance and prepare them for a status report for the next work session. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kfistoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. 2. The Council considered adopting an ordinance of the City of Denton, Texas, voluntarily annexing approximately 18 acres of land contiguous and adjacent to the City of Demon, Texas, located north of Spencer Road between Woodrow Lane and Loop 288 in southeast Denton in the County of Denton, Texas; approving a service plan for the annexed property; providing a severability clause; and providing an effective date. The property was the Demon Municipal Electric generation plant. First Reading, A-98. The Planning and Zoning Commission recommended approval (7-0). The following ordinance was considered: (First Reading) AN ORDINANCE OF THE CITY OF DENTON, TEXAS, VOLUNTARILY ANNEXING APPROXIMATELY 18 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF SPENCER ROAD BETWEEN WOODROW LANE AND LOOP 288 IN SOUTHEAST DENTON IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 3. The Council received a report, conducted deliberations, and determined appropriate actions to be taken, including approval of understandings or agreements between the City and developer/owner and/or potential initiation of rezoning, regarding a development project considered to be inconsistent with the City of Denton Comprehensive Plan, identified as follows: RNW Addition: an approximate 8.3-acre commercial site included within the boundaries of PD-16, an approximate l l.2-acre tract located on the southwest comer of Teasley and Teasley. Dave Hill, Assistant City Manager for Development Services, stated that this was a continuation from the last Council meeting to determine whether some type of understanding could be negotiated and allow for a compromise regarding the RNW Addition. He noted the three options available to Council as indicated in the agenda materials. City Attorney Prouty stated that his staff was in negotiations with the attorneys for the RNW Addition with the basic aspects outlined in the backup materials. If Council opted to not proceed with rezoning, the developer would agree to not proceed under the current 1991 zoning. A new application for a detailed plan by the developer of the tract would follow the time line indicated City of Denton City Council Minutes February 8, 2000 Page 4 in the agenda materials. In addition, the developer would apply for an exemption to the interim regulations if enacted. The grocery store would be limited to 41,600 square feet and the pharmacy to 11,000 square feet. He suggested Council continue to the next meeting in order to give the attorneys time to agree on language to present to the Council for consideration. Durrance motioned, Kristoferson seconded to direct staff to begin the rezoning process to establish a less intense use for office/neighborhood service. The following individuals spoke regarding the issue: Bill Dalstrom, 1445 Ross Avenue, Suite 3200 Dallas, 75202 - favor of extension Howard Compton, 901 Ma;In Street, Dallas, 75202 - favor of extension for negotiations Eric Dorton, 2325 Caddo Circle, Denton, 76205 - opposition - supported rezoning Shirley Sawyer, 709 Seville Road, Denton, 76205 - support of rezoning Norie Carcinei, 911 Smokerise, Denton, 76205 - support ofrezoning Brian Hood, 2408 Kariba, Denton, 76205 - support of rezoning Joe Goetz, 820 Sandpiper, Denton, - support of rezoning Richard Caldwell, 1104 Ellison Park, Denton, 76205 - support ofrezoning Harry Philips, 1148 Bent Oaks Drive, Denton, 76205 - opposition Angle Maffey, 38 Wellington Oaks Circle, Denton, 76205 ~ support ofrezoning Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205 - support of rezoning Robyn Mullendore, 1139 Oakhurst Circle, Denton, 76205 - support ofrezoning Robert Kissam 2221 Loon Lake Road, Denton, 76205 - support of rezoning Teresa Andress, 34 Oak Forest Circle, Denton, 76205 - support of rezoning Dean Garner, 3002 Manor Court North, Denton, 76205 - support ofrezoning Leigh Dorton, 2325 Caddo Circle, Denton, 76205 - support ofrezoning Sarah Tester, 2020 Loon Lake Road, Denton, 76205 - support ofrezoning David Sihaler, 3418 Hummingbird, Denton- opposition The following individuals submitted comment cards: John Child, 1532 Bayberry, Denton, 76205 - support of rezoning Paul Hill, 2004 Lamprey Circle, Denton, 76205 - support ofrezoning Kurt and Kim Jensen, 829 Abbotts Lane, Denton, 76205 - support of rezoning Dale Jorgensen, 1135 Bentoaks, Denton, 76205 - support ofrezoning Mike Montgomery, 2304 Caddo, Denton, 76205 - support ofrezoning Jeff and Cathie King, 2241 Hollyhill, Denton, 76205 - support ofrezoning Amy Byington, 2132 Fairfax, Denton, 76205 - opposition Robert Insley, 3600 Longhorn Drive, Denton, 76205 - opposition Bill Ide, 3608 Lake Country Dr., Denton, 76205 - opposition Gopal Gopalakrishman, 2608 Loon Lake Road, Denton, 76207 - opposition Maria Cartwfight, 1143 Oakhurst, Denton, 76205 - opposition Troy and Kelly McFarland, 2316 Caddo Circle, Denton 76205 - opposition Farah Abbassi, 1916 Southridge, Denton, 76205 - support ofrezoning Alicia Graham, 200 E1 Pasco, Denton, 76205 - support ofrezoning Sharon Key, 1100 Ellison Park, Denton, 76205 - support ofrezoning Nancy Legget, 1105 Abbot's Lane, Denton, 76205 - support ofrezoning Lavern and Audrey Basset, 905 Ridgecrest, Denton, 76205 - support of rezoning City of Denton City Council Minutes February 8, 2000 Page 5 Baity Bartel, 928 Smokerise, Denton, 76205 - support ofrezoning Jan Rogers, 1124 Ridgecrest, Denton, 76205 - support of rezoning Amy Caldwell, 1104 Ellison Park, Denton, 86205 - support ofrezoning Marilyn and Bill Espinoza, 804 Smokerise, Denton, 76205 - support ofrezoning Kunjithapadam Raghavendran, 2512 Champlain, Denton, 76205 - support of rezoning Michael Coon, 1532 Bayberry, Denton, 76205 - support ofrezoning On roll vote to begin rezoning the property, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "nay". Motion carded with a 4-2 vote. 4. The Council considered adoption of an ordinance amending Ordinance No. 98-293 prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of Fire Fighter; providing a savings clause; providing a severability clause; and declaring an effective date. The following ordinance was considered: NO. 2000-049 AN ORDiNANCE AMENDiNG ORDiNANCE NO. 98-293 PRESCRIBING THE NUMBER OF POSITIONS iN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBiNG THE NUMBER OF POSITIONS iN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDiNG A SAViNGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Young motioned, Burroughs seconded, to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carded unanimously. Following the completion of the Special Called Session, the Council convened into a Work Session to consider the following: PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Durrance, Kristoferson and Young. ABSENT: Council Member Cochran 1. The Council received a report, held a discussion, and gave staff direction regarding the Teasley Lane Corridor Traffic Study. Dave Hill, Assistant City Manager for Development Services, reviewed a summary of conclusions prepared in response to the Teasley Lane Corridor Study as noted in the agenda materials. Jerry Clark, City Engineer, presented the key assumptions and data for the study. Council discussed the results of the study and indicated that they would receive the second part of the study at their next work session. City of Denton City Council Minutes February 8, 2000 Page 6 2. The Council received a report and held a discussion on the Lake Ray Roberts Water Treatment Plant and Hartlee Field Road Pump Station preliminary design studies. Tim Fisher, Assistant Director for Water Utilities, reviewed the major scope items of the preliminary design report and background of the design studies as noted in the agenda materials. 3. The Council received a report, held a discussion, and gave staff direction on the City's Employee Healthcare Plan. Council Member Durrance stated that he had requested a work session on the item to consider carry forward costs, contract bid length, and self-funded issue policy methods. Mayor Miller recommended that the issue be studied further before the end of next year and Council consider such before the expiration of the contract next year. Council Member Kristoferson requested an explanation of what the consultant's did for the City of Denton regarding this issue. Consensus of the Council was to further study the issue during the time of contract renewal. 4. The Council received a report, held a discussion, and gave staff direction concerning Intellisys Streaming Media System, which would enable Internet broadcasts of council meetings. This item was not considered. 5. The Council received a report, held a discussion, and gave staff direction regarding the proposed Letter of Understanding (LOU) between the City of Denton and the Robson Developers, for the provision of water/wastewater services. Howard Martin, Assistant City Manager for Utilities, presented the details of the letter of understanding as outlined in the agenda materials. Consensus of the Council was to proceed with the Letter of Understanding and prepare a formal document for Council consideration. 6. The Council received a report, held a discussion, and gave staff direction regarding the "Raise the Bar" campaign. Mike Jez, City Manager, reviewed the background of the campaign and the responses to the survey data. 7. The Council received a report, held a discussion, and gave staff direction regarding the replacement of Mr. Hudspeth's trees and related issues. Howard Martin, Assistant City Manager for Utilities, reviewed issues as listed in the agenda materials. Consensus of the Council was to follow the recommendations of staff. City of Denton City Council Minutes February 8, 2000 Page 7 8. The Council received information and gave the City Manager direction regarding a bond rating trip. Kathy DuBose, Assistant City Manager for Finance, stated that the bond rating trip would be March 29-31 st. Council decided to have Mayor Miller, Mayor Pro Tem Beasley and Council Member Young to attend the bond rating trip. With no further business, the meeting was adjourned at 12:30 a.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET ADenda Item AGENDA DATE: DEPARTMENT: ACM: March 21, 2000 Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Servic ,a,~.~ SUBJECT: Consider approval of a tax refund to Eckert Hyundai, Inc. The 1999 tax was over paid, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the goveming body of the taxing unit for refunds in excess of $500.00. The 1999 tax for Eckert Hyundai, Inc. was over paid. On 1/25/00, the tax office received the 1999 VIT disbursement in the amount of $4,310.56 for Eckert Hyundai, Inc., however, the 1999 tax amount was $3,506.05, resulting in an overpayment of $804.51. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $804.51. Respectfully submitted: rffan~a Ortiz Director of Fiscal Operations Prepared by: C~o¥~n~ ~olse Revenue & Tax Analyst 01/29/2000 14:25 9402436215 ECKERT HYUNDAI PAGE 01/01 APPLICATION FOR TAX REFUND CITY OF DENTON TAX OFFICE 6 2000 601 E. HICKORY SUITE F TX apply for a tax refund the taxpayer must complete the following. 349-8318 Owner's name and address Step 2; )escribe ~e property Step 3: Give the tax payment information Step 4: Sign the form i3811 S I 35E L, ity, town or post om~e, ~ta(e, z:lr' code ir. none [area code and DENTON TX 76205~,0,.0,0 ..... I ,. Legal description (or attach copy of the tax bill or tax receipt) PERSONAL PROPERTY - MOTOF Address or location of property; 3811 $ 135E number) VEH INVENTORY City of Denton 1999 1/25/00 .$ 4,310,§r $ 804.51 Account number of property: Tax receipt number; 914770 OR 9904260049 Name Year uate Amount Amount f T_axi.ng Unit_From Whi For Which Refund Of The Of Of Tax Refund KeYund is Kc( Is Rec sted Tax Pa' 'meat Taxes Paid 1. C Taxpayer's reason for refund ( attach supporting documentation): however, $4,3t0.56 was applied in VIT tax from Denton County and diatrubuted to our off r for 1999 tax,- reaultln~ In an overpayment. .... *1 hereby apply for the refund of the above-described taxes and certify that the information I h~v~ form is true and correct to the best of my knowle, dge and belief.* sig n a~.~ ~ate ;aj Any person who makes a false entry upon the foregoing record shall be subject to one of the foil( 1. Imprisonment of not mom that the 10 years nor less than 2 years and/or a fine of not more the such fine and imprisonment; 2. Confinement in jail for a term up to 1 year or a fine to exceed $2 fine and imprisonment as set forth in Section 37.10, Penal Code. ivan on this icenon tor tax reTund: wing penalties: 1 $5,000 or both ~0 or both such ~0 >' ::,::~:.:.:.:.:.:.'.:x. i!i!i!!~!iii~!!i!i:::::::::: ============================ !i!!i!i!i!!iii!ilili!i!ii::: '"'"-'"'"'"' ~ ;!!i!i!i!!i!!!~iii!i~!~i~!!! ........................ . ........... · ....................... ac 0 0 0 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET Agenda No. - Agenda Item_ March 21, 2000 Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services~ SUBJECT: Consider approval of a tax refund to Transamerica Tax Service for Ramona Perez. The 1999 tax was paid twice, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The 1999 tax for Ramona Perez was paid twice. On 1/4/00 a check in the amount of $674.22 was received, which paid the 1999 tax in full. Then on 1/5/00, another check from Transamerica Tax Service was received for the same amount of $674.22 for Ramona Perez, resulting in an overpayment of $674.22. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $674.22. Prepared by: Carolene Folse Revenue & Tax Analyst Respectfully submitted: 1Siena Ortiz Director of Fiscal Operations APPLICATION FOR TAX REFUND ,~llectlng office name CITY OF DENTON TAX OFFICE =re~eflt mailing addre68 (number and street) 601 E. HICKORY SUITE F ~lty, tO~ or post Ol~lCe, 8~8~, Zil~ C(~le DENTON~ TX 76205 IC~_,~=-~;r~l tax lot. (taxing units) CITY OF DENTON 1(940) 349-8318 To apply for a tax refund, the taxpaTer must complete the followin~l. I Owner's Name Step 1: ITransamerica for Chase Manhattan - property owner Ramona Perez Owner's name 16053 S. Fashion Square Drive Suite 200 I City, town or post olllce, state, zip code and adGess Step 2: Describe the property Murray~ Utah 84107 Legal description (or attach copy of the tax bill or tax receipt); Phone (area code aha Sherman Oaks Addn~ Block A~ Lot 21 Step 3: Give the tax payment information Step 4: Address or IocaUon of property: 704 Chef_aa:, Ct. Account number of prope~c. Tax receipt numbec 192662 OR 9904040519 Name Year Date Amount Amount Of Taxing Unit From ~ For Which Refund Of The Of Of Tax Refund Refund is ~;,--~1 is r~_-q .... Tax P~rment Taxea Paid Requested Citv of Denton 1999 ! I ~/0 ~ $ 674.22 City of Denton 1999 ! ~/o ~ $ 674.22 $ §74.22 1.C Taxpayer's reason for refund ( attach supporting documentation): **tax paid twice *1 hereby apply for the refund of the above-described taxes and certify that the information I have on this form is true and correct to the best of e and belief.* Sign the form ........................ · ~:~:~:~:~:~:~:~:~:~:~:~:~:~: ~i~i~i~i!iiiiiii!ii!ii~iiiii i~i!!~i~!~i~!ii~i~i~i~i~i~i~ ............................ ~!~!~i~i~i~i~i~i~i~i~i~ili~: ........................... i~iii~i~i~i~iii~i~iliiiii~i~ ........................................................ o z 0 o z z ~ 0 ::::::::::::::::::::::::::::::::::: AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET Agenda Agenda Date~ March 21, 2000 Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Service_~ SUBJECT: Consider approval of a tax refund to James Wood Autopark. The 1999 tax was over paid, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The 1999 tax for James Wood Autopark was over paid. On 1/25/00, the tax office received the 1999 VIT disbursement in the amount of $8,118.39 for James Wood Autopark, however, the 1999 tax amount was $7,351.07, resulting in an overpayment of $767.32. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $767.32. Prepared by: Carolene Folse Revenue & Tax Analyst Respectfully submitted: Director of Fiscal Operations ~PPUCATION FOR T~ REFUND coae~ng om~ name CITY OF DENTON T~ OFFICE ~tesent manng aont~s (nu~- aaa ~t) ~1 E. HICKORY SUITE F DENT~N~ ~ 76205 ID= J A N 2, 6 i,~_.~,~,~ tax toc.~ta;~ng uriRs) CITY OF DENTON To apply ~r,,a ~ refund, the ~,~fer must c~i;-,p;ete the following. owners Name Step 1: JAMES WOOD AUTOPARK ....... r-~.~m i~iml,ng Add~,-', (numb~ w~a Owne(s name :~.:.~ SOUTH 1-,35E and address DENTON TX 76205-9321 ,, Step 2: Describe ......... ~he property iF'hone [area oooe ana numueu Step 3: Give the tax payment information Step 4: Sign the form Name ¢. Address or location of property; 3906 SOUTH 1-35E Accoum number of property: Tax receipt number: OR ~90z~_ _~LeT0 Y~r IJate "" /~i~ _ma_int. Amount For Which Refund Of The Of Of Tax Refund Is Req~,"'~..-ed Tax Payment 'r*,,~-: Paid Requested 1999 1/25/00 $ , ~,118.39 Tax'payees reason for refund ( attach supporting documentation): *99 tax was $7,3Sl.07, however. $8,1t8.39 was a~!.;_~_ in VIT tax ;,~,~ D~ntnn C_n_-n~ and di-_ _~_ ~--~e~ to our office on t/2S/00 for 1999 tax, _r~_u!t!ng in an ove~,a~/,~,enL , , ,,, *! hereby apply'for the'mftmd of the alx~ve-des~'ib~ taxes and certify mat the information have given on this fo~m is tree and corre~-t to the best of my knowledge and belief.* ---- ............ r *'"' remnd' Any person who makes a fals~ ~ upon the foregoing r~x~J shall be subject to one of the following penalties: 1. Imprisonment of not more that the 10 years no~ less than 2 years and/or a fine of not mom than $5,000 or both such fine and imprisonment: 2. Confinement in ja~ for a ~e4'm up to I year or a fine to exceed $2,000 or both such fine and imprisonment as set forth in Section 37.10, p~nal $ 767.32 Legal des~lpflon (or attach copy of the tax bill or tax receipt) PERSONAL PROPERTY - MOTOR VEH INVENTORY ============================ :::::::::::::::::::::::::::: !!~i!i~!!!ili!i!ii~!i!ii~il ::::::::::::::::::::: :::::::::::::::::::::::::: '.'..' ::::::::::::::::::::::::::: :!:i:~:i:!:::!:!:~:!:!:?!:! iiiiiii~iii!iii~i!i!~iiii~ ::::::::::::::::::::::: .................-...-. i!!!i:i!i!i!!i!!!!i!i!!!!:!i :i:i:i:i:i:i:i:i:i:i:~:i:~:i ..................... ::::::::::::::::::::::: :::::::::::::::::::::: ....... i!i!ii!ii~!!i!!!!~ii~!!i~!~i ............................ iii!i!i!i!iiiii!iii!iiiii!ii !?!:!:?!:~:i:!:!:!:!:!:~: ~:~:~:~¥::~:~:~::~:~: .... ::::::::::::::::::::: .... :::::::::::::::::::::: .... :::¥:~:~:~:~:~:~:~:~ .... ::::::::::::::::::::: .... :::::::::::::::::::::::: .... :~:~:~:~:~:~:~:~:~:~ ~ :~:~:~:~:~:?~:~:?~:~:~:~:~ ........................................................ ~ ~ .................................................... ~ ............................ ~:~::~:~:~::: ~:~:~:?~:~:~:~:?~:~:~:~:~ ......................... ::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::: :!:!:i:i:i:i:i:i:!:i:i:i:i:! AGENDA INFORMATION SHEET AgendaNo.~ Agenda Item_~ Date ,.~/~ AGENDA DATE: DEPARTMENT: ACM: March 21, 2000 Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Servic.~ SUBJECT: Consider approval of a tax refund to McNatt Toyota Dodge. The 1999 tax was over paid, resulting in an overpayment. BACKGROUND: Chapter 3 I. 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The 1999 tax for McNatt Toyota Dodge was over paid. On 1/25/00, the tax office received the 1999 VIT disbursement in the amount of $9,347.31 for McNatt Toyota Dodge, however, the 1999 tax amount was $8,142.63, resulting in an overpayment of $1,204.68. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $1,204.68. Respectfully submitted: D ita~a Ortiz Director of Fiscal Operations Prepared by: Carolene Folse Revenue & Tax Analyst o o~i~!~i~ooo, ~0 O0 ::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::: APPLICATION FOR TAX REFUND , L;OlleCtl~g O~'lce name 31TY OF DENTON TAX OFFICE vresent mailing aaaress (number ana street) 301 E. HICKORY SUITE F ~)ENTONi TX 76205 To apply for a tax refund, the taxpayer must complete the following. uwners Name Step 1: Owner's name ~nd address Step 2: Describe the property Step 3: Give the tax payment information Step 4: Sign the form JAr{ ? ~Ollectlng Tax for: [taxing units) CTY OF DENTON i~nona [area coge an~ numuer) (940) 349-s318 JIM_NCNA.'[T TpYO. T.A. DOD. GE. 2230 W UNIVERSITY DR ~lty, [own or post o~flce, state, z.,-' coae DENTON TX 76201-0648 ii-'hone [area cooe aha numoer) Legal description (or attach copy of the tax bill or tax receipt) PERSONAL PROPERTY - MOTOR VEH INVENTORY Address or location of property: 1610 W UNIVERSITY Account number of property: Tax receipt number: 917194 OR 99~4250071 Name Year uate Amount Amount f T_axi.ng Unit_From W. hi For Which Refund Of The Of Of Tax Refund ~emnd is ~<equireo Is Requested Tax Payment Taxes Paid Requested City of Denton 1999 ~/~ ~ $ 9,347.31 $ 1,20~.68 Taxpayer's reason for refund ( attach supporting documentation): *99 tax was $8,142.63, however, 9347.31 was applied in VlT tax from Denton Count~ and distrubuted to our office on 1125100 for 1999 tax, resultin~l In an overpayment. · *1 hereby apply for the refund of the above-described taxes and certify that the information I have given on this form is true and correct to the best of my knowled,cje and belief.* ~e ~ Date et application for tax rerun(l: sign ,,!~[~- ~' Any person"'~W~makes a false entry upon the forego~ rd shall be subject to one of the following penalties: 1. Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and imprisonment; 2. Confinement in jail for a term up to 1 year or a fine to exceed $2,000 or both such fine and imprisonment as set forth in Section 37.10, Penal Code. AGENDA INFORMATION SHEET Agendaltem // AGENDA DATE: DEPARTMENT: ACM: March 21, 2000 Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services SUBJECT: Consider approval of a tax refund to Clayton Estates. The 1999 tax was over paid, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The 1999 tax for Clayton Estates was over paid. On 1/25/00, the tax office received the 1999 VIT disbursement in the amount of $1,050.24 for Clayton Estates, however, Clayton Estates had paid the 1999 tax in full, resulting in an overpayment of $1,050.24. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $1,050.24. Respectfully submitted: Director of Fiscal Operations Prepared by: Carolene Folse Revenue & Tax Analyst APPLICATION FOR TAX REFUND CITY OF DENTON TAX OFFICE JAN 2 6 ZOO0 :ITY OF DENTON 601 E. HICKORY SUITE F TX 76205 for a tax refund, the taxpayer must complete the following. 349-8318 Step 1: 3wner's name [nd address Step 2: Describe Ihe property ~tep 3: Give the tax payment information Step 4: Sign the form OL.~_YTON _EST. ATE. S.. PO BOX 9790 ~1~, [own or pos~ o~1~, slate, ~iF ~8 MAR~ILLE TN 37802-9790 Legal description (or affach ~py of the t~ bill or t~ m~ipt) MFD HOUSING INVENTORY ~'none [area coae aha numDer) Address or location of property: 5301 E MCKINNEY ~205 Account number of property: Tax receipt number: 92t 972 OR 9904280042 Name . Year uate Amount Amount fT_axi.ng .Unt._From:W. hi. Fo,rW_hich R.efqnd Of The Of Of Tax Refund h[e~una s ~equirea,, :,.:, , .Is Kequestea, Tax Payment Taxes Paid Requested City of Denton 1999 1/25/00 $ 789.00 $ 1,050.24 4. 5. Taxpayer's reason for refund ( attach supporting documentation): *99 tax was paid in full, then $1,050.24 was applied in VIT tax from Denton Count~ and distrubuted to our office on 1/28/00 for 1999 tax *1 hereby apply for the refund of the above-described taxes and certify that the information I have given on this ..... - form is true and correct t~best of my knowledge and belief.* ~ignaturp~ . ~ ~Date ot application, tot tax refund: sign here Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties: 1. Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and imprisonment; 2. Confinement in jail for a term up to 1 year or a fine to exceed $2.000 or both such fine and imprisonment as set forth in Section 37.10, Penal Code. :::::::::::::::::::::::::: ::::::::::::::::::::::::::::.. ::::::::::::::::::::::::::. ============================= :::::::::::::::::::::::::::: :::::::::::::::::::::::::: :::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::. :::::::::::::::::::::::::::::::::::::::: ~ :::::::::::::::::::::::::::::::::::::: ???:y:~f:~?:f:~?: :::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~::~::~ ::~ :::: ~ ~:::: :::::: ~ o ::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::: ........................................................ ::~??:~?:~f?:~::~ ............................ ::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::: ?~:~:~:~:~:~:?~:~:~:?~:~: · ................... ~::?:?:~::~?:~?.~ ~ ::::::::::::::::::::::::::: ~]]~ :::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::: ............................................. ~:~ :~ :::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: ~ ~::~::~::~::~::~ ............................ ........ ~ ~; ~:~:~:~:~ ::::::::::::::::::::::::::: AGENDA INFORMATION SHEET AGendaltem-- ,/~ AGENDA DATE: DEPARTMENT: ACM: March 21, 2000 Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services -~-9 SUBJECT: Consider approval of a tax refund to Pulte Homes of Texas for Mark & Diana Johansen. The 1998 tax was paid twice, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The 1998 tax for Mark & Diana Johansen was paid twice. On 1/26/99 a check in the amount of $828.84 was received, which paid the 1998 tax in full. Then on 1/31/99, another check from Pulte Homes of Texas was received for the same amount, resulting in an overpayment of $828.84. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $828.84. Respectfully submitted: l~ia~a Ortiz Director of Fiscal Operations Prepared by: Carolene Folse Revenue & Tax Analyst APPLICATION FOR TAX REFUND Collecting office name Collecting tax for: (taxing units) CITY OF DENTON TAX OFFICE CITY OF DENTON Present mailing address (number and street) 601 E. HICKORY SUITE F Ci~j, town or post omce, state,/IP code Phone (area code and number) DENTON, TX 76205 ('940) 349-8318 To apply for a tax refund, the taxpayer must complete the following. Owner's Name Step 1: MARK & DIANA JOHANSEN Present Mailing Address (number and street) f Dwner's name 800 ABBOTS LN City, town or post office, state, ZiP code Phone (area code and number) and address DENTON, TEXAS 76205-8907 Step 2: Legal description (or attach copy of the tax bill or tax receipt): Crown Oaks, Block B, Lot 22 Describe the property Address or location of property: 800 Abbots Ln Account number of property: Tax receipt number: 189956 OR 9805100007 Name Year Date Amount Amount Of Taxing Unit From Which For Which Refund Of The Of Of Tax Refund Refund is Required Is Requested Tax Payment Taxes Paid Requested Step 3: 1. CJtY_o,f_D_e, DLQD 1998 1/26/99 $ 828.84 Give the tax 2. City of Denton 1998 1/31/99 $ 828.84 $ 828.84 payment 3. information 4. 5. Taxpayer's reason for refund ( attach supporting documentation): 1998 tax was paid in full on 1/26199 by ck #789, then on 1131/99 ck #131905 from Pulte Homes was received in same amount resultin~l in an overpayment. *1 hereby apply for the refund of the above-described taxes and certify that the information I have given on this form is true and Step 4: correct to the best of my Knowledge and belief." Date of application for tax refund:  Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties: 1. Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more tha~$5,000 or both such fine and imprisonment; 2. Confinement in jail for a term up to 1 year or a fine to exceed $2,000 or both such fine and imprisonment as set forth in Section 37.10, Penal Code. Tax refund sign ~ here~ determination Presidi~'g officer(s) of taxing unit(s) for refund applications over $500 Date sign Ii~ here AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 21, 2000 Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services~/'~ SUBJECT: Consider approval of a tax refund to Transamerica for Mitchell Joseph. The 1999 tax was paid twice, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The 1999 tax for Mitchell Joseph was paid twice. On 12/29/99 a cheek in the amount of $502.15 was received, which paid the 1999 tax in full. Then on 12/31/99, another check from Transamerica was received for the same amount, resulting in an overpayment of $502.15. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $502.15. Respectfully submitted: Diana Ortiz r- Director of Fiscal Operations Prepared by: Carolene Folse Revenue & Tax Analyst APPLICATION FOR TAX REFUND ~,llec~ng office name CFT¥ OF DENTON TAX OFFICE Present mailing address (number and street) 601 E, HICKORY SUITE F DENTON~ TX 76205 for a tax rofund, tho must , the ICollecting tax for: (taxing units) CITY OF DENTON ~'none (area co~e ana number) 1(940) 349-8318 Step 1: OLD KENT - THRU TRANSAMERICAN REAL ESTATE for Mitchell Joseph Owner's name §053 S. uare Dr, Suite 200 and address Step 2: UT 84107 Legal description (or attach copy of the tax bill or tax receipt): The Woodlands of Township 2, Block B, Lot 8 Describe property Address or location of property: 1308 Wilderness Step'3: Give the tax payment information Step 4: Sign the form ACCOunt number of property: 116750 Name Year Of Taxing Unit From Which . For Which Refund Refund is Required Is Requested Tax receipt number: OR 9904040445 Date Amount Amount Of The Of Of Tax Refund Tax Payment Taxes Paid Requested 1. (;i~ Of Denton 2. Cih/of Denton 3. 1999 12/29/99 $ 502.15 1999 12/31/99 $ 502.15 $ §02.15 Taxpayer's reason for refund ( attach supporting documentation): Account was paid twice *1 hereby apply for the refund of the above-described taxes and certify that the information I have Riven on this form is true and correct to the best of my knowled,qe and belief.* IDate~f aP?cati°n Signature//~__~ ~///~.~ I !7///0t/7 00 for tax refund: Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties: 1. Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and imprisonment; 2. Confinement in jail for a term up to I year or a fine to exceed $2,000 or both such fine and imprisonment as set forth in Section 37.10, Penal Code. AGENDA INFORMATION SHEET Agenda No Agenda Item,.,,__&:.~ AGENDA DATE: DEPARTMENT: ACM: March 21, 2000 Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services SUBJECT: Consider approval of a tax refund to Richard J. Fisher. The 1999 tax was paid twice, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The 1999 tax for Richard J.Fisher was paid twice. On 12/27/99 a check in the amount of $1,006.21 was received, which paid the 1999 tax in full. Then on 12/31/99, another check was received for the same amount, resulting in an overpayment of $1,006.21. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $1,006.21. Respectfully submitted: D~na Ortiz - ' Director of Fiscal Operations Prepared by: Carolene Folse Revenue & Tax Analyst APPLICATION FOR TAX REFUND Collecting office name Collecting tax for: (taxing units) CITY OF DENTON TAX OFFICE CITY OF DENTON Present mailing address (number and street) 601 E. HICKORY SUITE F City, town or post office, state, ZIP code Phone (area code and number) DENTON~ TX 76205 {940) 349-83t8 To apply for a tax refund, the taxpayer must complete the following. uwners Name Step 1: RICHARD J FISHER Present Mailing Address (number and street) ~)wner's name 3906 LAIRAT RD City, town or post office, state, ZIP code Phone (area code and number) and address DENTON TX 76207-3238 Step 2: Legal description (or attach copy of the tax bill or tax receipt): RANCH EST, BLOCK C, LOT 11 Describe the property Address or location of property: 3906 LAIRAT RD Account number of property: Tax receipt number: 021820 OR 9905020017 Name of Taxing ' '" · Year Date Amount Amount Unit From Which For Which Refund Of The Of . Of Tax Refund Refund is- Required Is Requested Tax payment Taxes Paid Requested Step 3: 1. City of DentOn 1999 ...... ' 12/27/99 $ 1,006'.21 Give the tax 2. Citv of Denton 1999 12/31/99 $ 1.006.21 $ 1.006.21 payment 3. information 4. 5. Taxpayer's reason for refund ( attach supporting documentation): t999 was paid in full on t2127/99 by Norwest Tax Service, then check ~9667 was received from Mr. Fisher, resulting in an overpayment of $1006.21. *1 hereby apply for the refund of the above-described taxes and certify that the information I have given on Step 4: this form is true and correct to the best of my knowledge and belief.* ~ignature /) _ J /~ L)ate ct application tor tax retund: r Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties: 1. Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both t~,~ such fine and imprisonment; 2. Confinement in jail for a term up to 1 year or a fine to exceed $2,000 or both such tine and impriS°nmen{ as set forth in Section 37.10, Penal Code: ~ ~ ~te ~ :::::::::::::::::::::: AGENDA INFORMATION SHEET Agenda Agenda Item Date. AGENDA DATE: DEPARTMENT: DCM: March 21, 2000 Engineering & Transportation Rick Svehla, Deputy City Manager~ SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON BOTH SIDES OF DUCHESS DRIVE FROM ITS INTERSECTION WITH MCKINNEY STREET SOUTH FOR FOUR HUNDRED AND FORTY-SIX FEET (446 FEET); PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE BACKGROUND: Jane S. Curry, the Community Manager, at PebbleBrook Apartments made the request. There are three lanes coming offE. McKirmey Street narrowing into two lanes at Duchess Drive, then back to three lanes. It is narrow at the point where it becomes two lanes at Duchess Drive. Cars are parking on Duchess Drive causing congestion and a safety hazard for emergency vehicles. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Traffic Safety Commission reviewed this request at its November 1999 meeting and recommends approval. FISCAL INFORMATION Signs and markings costs = $250.00 Respectfully submitted: J~/rry~)Clark, I~irector Eh~ineering &~I'ransportation -1- Traffic Safety Commission Minutes November 1, 1999 ITEM #8 REVIEW AND CONSIDER APPROVAL OF PROHIBITION OF PARKING ON DUCHESS DRIVE: Cheek asked if this was a new street. Clark said it is not that old. Clark said a new apartment complex on the south side of McKinney Street made this request. Duchess Street is a short street. There is a portion that was built in the mid 1980's that goes along this strip shopping center. The majority of it goes all the way down here to the apartment complex. The request is from the managers of the apartment complex. A guardrail sticks out at an angle. People park on both sides of the street blocking emergency vehicles. There has already been no parking stenciled on the roadway. Apartment complexes like this should have adequate parking on site. Staff recommends that both sides of the road be no parking at least until the jog in the street is taken out. It will not be completely safe, but will be a big enhancement toward safer travel by the public. Walters asked if it stopped there or went on. Clark said it stops right here. TSC does have the option to just take parking off as requested. Smith said the complex does have adequate on-site parking. Clark said yes. Walters said the recommendation is all the way from the comer of McKinney to the apartments. Clark said that is correct. This shopping center built half-a-road like this. The apartments came in and built half-a-road. There is a barricade here, so what is happening people park near the driveways and it is congested. Removing parking makes it much safer. Walters asked if the extension was where traffic goes both ways or would it be a single lane one-way? Clark said the transition is marked with buttons to the barricade. Obviously, that needs some work. The barricade needs to turn at an angle for a safer transition. There are buttons guiding people. Walters said the lane is wide enough for two cars. Clark said yes, with no parking. King asked if that road is used to get into the apartment complex. Why is it not a full road? Clark said the offices are right here and it has not been a problem. King said as others build, they need to comply. Clark said this property has adequate parking without parking on the street. Walters asked if anyone was present to speak for the request. -2- Traffic Safety Commission Minutes November 1, 1999 Shannon Cagle, Assistant Manager of Pebble Brook Apartments, came forward to address the Commission. She said they don't know why the road was designed this way, but understands why the strip center built a partial road The barricade that is in the back juts out. Not everybody drives the speed limit. They have stenciled no parking on their side of the road, and are hoping the other side of the road could be no parking too because of the congestion. Cheek asked where the majority of the people lived - by the street side. Is that why they want to park in the street? Cagle said they have two buildings (15 & 16) parallel to each other. People who live in apartments that face the street want to park on the street. She understands that, but it is dangerous for everyone. Them is parking adjacent to the building on their property and by the office along McKinney Street. Walters asked if there was a security gate or fence. Cagle said no, there is a sidewalk fight by their door. There is the building and then a 10 feet gradual slope to the street. It is not fight on the street. McKinney Street is fenced, but along Dutchess, it is not. Walters asked if anyone wanted to speak against the request. No one came forward. Walters asked if there was any further discussion, if not is them a motion? STAFF RECOMMENDED: Approval COMMISSIONERS: Lesko made a motion to approve no parking on both sides of Dutches as indicated in the request. Smith seconded the motion. Motion passed unanimously. -3- APARTMENT H O M E: S October 13, 1999 Re: Parking on Duchess Dr. Jerry Clark Traffic Safety Commissioner Dear Mr. Clark, This letter is submitted in request for a 'no parking-fire lane' designation on Duchess Dr. Coming off ofE. McKinney St. on to Duchess Dr. there are three lanes, then it narrows into two lanes and back to three lanes wher,', it dead-ends at a barrier. There is also a barrier at the point where Duchess Dr. narrows into two lanes. There are no lane designations painted on the roadway, giving motorists guidelines to follow. Cars are being parked on Duchess Dr., which could be a hazard for any emergency vehicles responding to Pebble Brook Apartments. Cars are being parked at the barriers and in the grass on the west side of Duchess Dr. on city property. We are requesting that signs be put in place on Duchess Dr. stating 'NO PARKING', where the road narrows into two lanes and also along the east side of Duchess Dr., adjacent to Buildings 15 and 16 of Pebble Brook Apts. I have enclosed pictures showing the problems that exist. Please respond back to me on this request. Respectfully, Jane urry Co~a~ty Manager AIMCO 191 Duchess. Denton, Texas 76208 o (940) 243-2098 o Fax (940) 3824059 --4-- 400 . 400 800 Feet -5- F:\shared\depflLGL\Our Documents\Ordinances\00\No Parking Duchess.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON BOTH SIDES OF DUCHESS DRIVE FROM ITS INTERSECTION WITH MCKINNEY STREET SOUTH FOR FOUR HUNDRED AND FORTY-SIX FEET (446 FEET); PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. When signs or markings are in place giving notice thereof, no person shall park a vehicle upon the following street in the City of Denton: On both sides of Duchess Drive from its intersection with McKinney Street south for four hundred and forty-six feet (446 feet). SECTION 2. The provisions 0f Section 1 prohibiting the parking of vehicles shall apply at all times to the designated portion of the above named street or streets except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION 3. That all provisions of the ordinances of the City of Demon in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 4. That if any proviSion of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION 6. 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 Demon 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 ,2000. JACK MILLER, MAYOR -6- ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY -7- AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: DCM: March 21, 2000 Engineering & Transportation Rick Svehla, Deputy City Manager~.~ SUBJECT: AN ORDINANCE ESTABLISHING A BICYCLE AND PEDESTRIAN LANES ON BOTH SIDES OF HERCULES FROM ITS INTERSECTION WITH STUART ROAD TO ITS INTERSECTION WITH REDSTONE ROAD; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND: Richard Shoffit and Dr. Sara DeHart made the request. They are concerned with the safety of children and pedestrians who go to and from Ginnings Elementary School. Hercules was built as a future thoroughfare and the cross section is 4 lanes divided with 2 - 24' lanes on each side. It is adequate for this type request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Traffic Safety Commission reviewed this request at its November 1999 meeting and recommended approval. FISCAL INFORMATION Signage and painting = $ !,000 Respectfully submitted: Je~rector~~ Engineering & Transportation -1- Traffic Safety Commission Minutes November 1, 1999 ITEM #7 REVIEW AND CONSIDER APPROVAL OF A PEDESTRIAN/BIKE LANE ON HERCULES LANE FROM STUART ROAD TO REDSTONE ROAD: Clark indicated on the map that Hercules is a major road that runs east and west from Stuart Road to Redstone Road this section was built as a four-lane roadway. This request is from Richard Shoffit. His letter is included in the backup from the Denton Academy of Martial Arts. Girmings Elementary is in this vicinity too and supports this request. Many years ago Girmings Elementary was adequate, but it is now pushing the limits. Children's safety is an issue. One of the major needs is to provide safety to get kids home. Along Stuart Road, on the west side from Hercules down to Sherman Drive, is a dual direction hike and bike lane. Mostly walkers use it. One of the things staff is trying to do with this is move toward a solution that allows both hikers and bikers to use it. Mr. Shoffit will address these issues. The main thrust is to encourage children from neighborhoods to use these safer parts on their way to and from school. Some training will have to occur encouraging the children to use the lanes. The traffic lanes are 24 feet wide. Staffis recommending making the outside bike/hike lane westbound 4 feet wide. The travel lanes could be 10 feet with an outside bike lane until the street is widened and they are widened to 11 feet. Staff is working to get funds to landscape the area to encourage usage. Walters asked if there is already a bike lane on Stuart. Clark said yes, it is on the west side. Smith said there are no sidewalks on Hercules. Clark said one unfortunate thing is from 1950-1980 Denton quit building sidewalks. From the 1900's to 1950, there were sidewalks on both sides of the street. In 1980, it started back with one side and then two sides in 1988. That is why there are no sidewalks on Hercules. Sidewalks are planned long term. Smith asked what kind of signage would be at Sun Valley and Stuart Road. Will they have traffic guards, flags, etc? Clark said probably not guards, but crosswalks. Smith said that is something the City could do a lot of as far as placing information in utility bills. Drivers do not understand designated -2- Traffic Safety Commission Minutes November 1, 1999 crosswalks. Education could really help. Clark said he would propose that to the City Manager. Clark said Denton is not pedestrian bicycle oriented. Traffic tends to ignore lanes designated for walking and/or riding in the street. Smith said they do not pay attention to yield signs, etc either. Cheek said the Post Office uses the designated lanes too. Clark said he would talk to them. Walters asked if anyone would like to speak for the request. Richard Shoffit came forward. He said he has owned the Denton Academy of Martial Arts for 30 years. He submitted a proposal and recently followed up on it about putting pedestrian lanes on both sides of the street. Mr. Ayers came out and explained that city code places bicycle lanes next to sidewalks. He understands that and proposes going beyond City codes and placing lanes on both sides of the street. He sees people riding bicycles on both sides of the street. It could help control traffic and people going to school. He also feels like the signage on Hercules could be a new bright color scheme like the signs at UNT. It could be clear that pedestrians go in one lane and that cars go in another. Walters asked if anyone else wanted to speak for and/or against the request. No one came forward. Walters closed the meeting to the public. Cheek asked what the expense would be. Clark said painting and signage could run between $500 to $1,000. King said he is not familiar with locations of bike and walking trails. Where else are they located? Clark said on Hinkle, Avenue C, and Forrestridge. King asked how wide are they. Clark said most of them are 8 feet wide with two-way traffic. Cheek said it takes education. There was a girl killed on Hinkle because a man drove into the designated lane. She was walking. King said if the lanes are 4 feet wide that is why the Post Office uses it. Clark said that is one of the reasons it is more appropriate to separate the lanes. Walters asked if there was a motion. -3- Traffic Safety Commission Minutes November 1, 1999 STAFF RECOMMENDED: Approval COMMISSIONERS: Luce made a motion to approve a 4 foot bike and pedestrian lane on the south side of Hercules from Stuart Road to Redstone Road. Cheek seconded the motion. Motion passed unanimously. -4- Capital Impr'ovemen'[: Program ' c/o Mr'.. J~,~r'r'y Clark, Director o.f Encjir~r'incI ~ 'T~"ansff~or"l'.:at:[on r'~. median /mpr-ave)m(¢.~nt (requ~.~t B) Dear Mr. Clark., This i~ a follow-up le?kt~er to my oriclinal r~:tqt.test. (A). I would like~ to have ~hics sf~cond l~.:rl:t~r al~o acc:~:.:.b'Jted c:onsid~,:~r','a~iclr~ by your Capital Impr-ove~mlm'~t F'r'ogr-am. Lan~ ~oui d help to co,pi i ment t h(.:.~ ped ~'b.r- i an/b i [::~ i mpr'ow~m~nts. . . Fror ~af~.t,y r~asons th~:e m~cl:[ans~ fstr'ip~ .sShOL,tld bfe curb 0u'l:'l:.erx.:~d ~:i,'J',fl'~ t. ul"r~ lanea add~.:.~d, "l'l"li~ ~ot.,tld help I:o c:ont, r'ot flow o.f both tr'a.ffic and kids. e]p~ec::Lal ~si~n~r~ s~hould also i n s~ t. a :1. 1 ~.~ cl ,, F:'of b(~.au..~t i 'f i cat i or~ r'~a~son~ the:, m~.~cli an stri p~, .~hoL.tl d bordE~r"ed w:i. th t,l"~.:~ fed brick ~l'~c~me that i:s be~omincl ~so I::~l"~val~nt t:hr"ot.tqhol..tt t. hEf city. 'Tl"~f~ landscapinc] cH: 'k.i e~.~ ~hoctlcl also inc:luded as i~ ~ometimes don~ in ~uch a pro:j~ec:t. Suc:h improvements would se~r-ve~ t.o ~at.i~,fy both ~safety beautif i a~tion n~ed~ that have be~r~ ionq ove~' dLu:~ for Thank: yot.t for your' time cor~c:~.:~r'r~inc} thifs matte?r' and $::: i r'~ ~::1 ~ ~ 'l'.: R~,:~ cH'~ ~- d ~,~ 612 Hercules La~ Denton, Texas 76201 ,, 7- 42 Dr. Sara L. Dettart "The doctor ol'the litt!~rc wi!l ~tirc m* medicill(, Thomas .1. Edison 22 September 1999 Traffic Safety Commission Mr. Jerry Clark Director of Engineering & Transportation 221 N. Elm Street Denton, TX 76201 Mr. Clark: It has come to my attention that there has been a request for a pedestrian and bicycle lane to be made on Hercules Lane in Denton. I would hope that your Commission would seriously consider this request for child safety reasons. There is an elementary school within a block of this location and it is surrounded by apartments and family housing editions. This location is also near Loop 288 and automobiles often travel the roads in this area at high rates of speed after leaving the highway. Children walk in the streets due to lack of a sidewalk or pedestrian lane. I grew up a few blocks fi.om this location and nothing has been done to improve this area since I was in elementary school. Child safety should be of high priority to the City of Denton, and I hope you will take this request seriously. ctfully, ~ Dr. Sara L. DeHart 4113 W. UNIVERSITY DR, ' DENTI)N. T15."C\5 70201 · (9-~0) 50(5-!060 ATLAS DRIVE F:\shared\dept\LGL\Our Documents\Ordinanees\00~ike Lane-Hercules.doc ORDINANCE NO. AN ORDINANCE ESTABLISHING A BICYCLE AND PEDESTRIAN LANES ON BOTH SDES OF HERCULES FROM ITS INTERSECTION WITH STUART ROAD TO ITS INTERSECTION WITH REDSTONE ROAD; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Traffic Engineer shall designate bicycle and pedestrian lanes established by the City Council by the placement of appropriate signs and road markings. SECTION 2. That the following streets or portions of streets are hereby designated bicycle and pedestrian lanes: Two lanes approximately four feet in width measured from the curb on each side of Hercules from its intersection with Stuart Road to its intersection with Redstone Road. SECTION 3. That when signs and markings are in place giving the existence of any bicycle and pedestrian lane established by this ordinance, it shall be unlawful for any person: (1) To operate a bicycle along any portion of the roadway except within the portion of said roadway which is designated as a bicycle lane; (2) To operate a motor vehicle, motorized bicycle, .motor-driven cycle, or motorcycle along and within a bicycle lane; (3) To park a motor vehicle across or on a bicycle lane, except to obtain emergency parking, where signs are posted prohibiting such parking; or (4) To make or execute a mm when driving a motor vehicle across a bicycle lane without yielding the right-of-way to all bicycles operated within the lane. SECTION 4. That any person who violates a provision of this ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred ($200.00) Dollars. SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite such invalidity. -8- SECTION 6. That this ordinance shall become effective fourteen (14) days t~om 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 ,2000 ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY -9- AGENDA INFORMATION SHEET AGENDA DATE: March 21, 2000 DEPARTMENT: CM/DCM/ACM: Fiscal Operations Assistant City Manager Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider an Ordinance directing the issuance and publication of Notice of Sale of City of Denton General Obligation Bonds; and providing for an effective date. BACKGROUND This ordinance provides the Notice of Intention to issue City of Denton General Obligation Bonds, Series 2000. This Notice will be published on or before April 2, 2000. These Bonds will provide funding of $3,750,000 for the following projects and improvements: $ 2,100,000 $1,000,000 $ 65O,0OO Transportation (streets, traffic control, bikeways and sidewalks) North Branch Library (partial) Parks and Recreation/Beautification PRIOR ACTION/REVIEW (Council~ Boards, Commissions) All of these projects were approved in the 2000-2004 Capital Improvement Program and approved in the bond election held on January 15, 2000. FISCAL INFORMATION The General Obligation Bonds have an estimated average annual debt service requirement of $300,000. Respectfully Submitted: Dian~ G. Ort v Director of Fiscal Operations ORDINANCE NO. 2000- AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND PROVIDING FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. That the City Secretary is directed to issue a Notice of Sale of Bonds in substantially the following form: OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $3,750,000 GENERAL OBLIGATION BONDS SERIFS 2000 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building, 215 E. McKinney Street, in the City of Denton until: for the purchase of: 11:00 a.m., C.D.T., Tuesday, May 2, 2000 $3,750,000 General Obligation Bonds, Series 2000 to be dated May 1, 2000, and to mature serially on December 1 of each year 2000 through 2020. Sealed bids, plainly marked "Bid for Bonds", should be addressed tO "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior to the date of sale. All sealed bids will be publicly opened and tabulated before the Council. Copies of the "Official Statement", "Notice of Sale", and "Official Bid Fo,m" are being prepared and will be mailed to prospective bidders on or about April 18, 2000, and will be furnished to any prospective bidder upon request, by First Southwest Company, 201 South Main, Suite 1320, Fort Worth, Texas 76102, Financial Advisor to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. JENNIFER K. WALTERS City Secretary City of Denton, Texas Section II. That said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices; and said Notice also shall be published once in the "Denton Record-Chronicle", which has been designated as the official newspaper of the City of Denton. Said publications shall be made at least thirty days prior to the day set for receiving bids. Section III. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 21st day of March, 2000. Jack Miller, Mayor ATTEST: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney By: AGENDA DATE: DEPARTMENT: CM/DCM/ACM: SUBJECT AGENDA INFORMATION SHEET March 21, 2000 Fiscal Operations Kathy DuBose, Assistant City Manager ~ Fiscal and Municipal Services Agenda No.~ Consider an Ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton; and providing for an effective date. BACKGROUND This ordinance provides the Notice of Intention to issue City of Denton, Certificates of Obligation Bonds, Series 2000. This Notice will be published on or before April 17, 2000. These Bonds will provide funding of $3,025,000 (plus costs of issuance) for the following projects and improvements: $ 2,370,000 $ 405,000 $150,000 $100,000 Facilities Renovation Comprehensive Plan Rewrite Communication Fleet Services Facilities PRIOR ACTION/REVIEW (Council, Boards, Commissions) All of these projects were approved in the 2000-2004 Capital Improvement Program and approved in the bond election on January 15, 2000. FISCAL INFORMATION The Certificates of Obligation Bonds will have an estimated average annual debt service requirement of approximately $270,000. Respectfully Submitted: Director of Fiscal Operations ORDINANCE NO. 2000- AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, it is deemed necessary and advisable that Notice of Intention to Issue Certificates of Obligation be given as hereinafter provided. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON", the form and substance of which are hereby adopted and approved, and made a part of this Ordinance for all purposes. Section II. That the City Secretary shall cause said NOTICE, in substantially the form attached hereto, to be published once a week for two consecutive weeks in a newspaper of general circulation in the City, with the date of the first publication to be at least fifteen (15) days before the date tentatively set for the passage of the Ordinance authorizing the issuance of such Certificates of Obligation. Section III. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 21st day of March, 2000. Jack Miller, Mayor ATTEST: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney By:. THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON THE CITY OF DENTON, in Denton County, Texas, hereby gives notice of its intention to issue CITY OF DENTON CERTIFICATES OF OBLIGATION, in accordance with the Certificate of Obligation Act of 1971, as amended and codified, and other applicable laws, in the maximum principal amount of $3,125,000 for the purpose of paying all or a portion of the City's contractual obligations incurred pursuant to contracts for the purchase, construction and acquisition of certain real and personal property, to wit: (a) renovation to City Hall East (located at 501 Hickory); (b) communications equipment for City Hall (lOcated at 215 E. McKinney) and City Hall West (located at 221 N. Elm); and (c) fuel and maintenance facilities for the City's vehicles; and also for the purpose of paying all or a portion of the City's contractual obligations for professional services of engineers, architects, attorneys, map makers, auditors, and financial advisors in connection with the preparation of the City's Comprehensive Development Plan and with the above contracts and said Certificates of Obligation. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from certain revenues derived by the City from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system). The City Council of the City tentatively proposes to authorize the issuance of such Certificates of Obligation at a meeting commencing at 11:00 a.m. on the 2nd day of May, 2000, in the City Council room at the Municipal Building (City Hall), 215 E. McKinney, Denton, Texas. CITY OF DENTON, TEXAS By: Jennifer K. Walters, City Secretary AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 21, 2000 Materials Management Agenda No._~.~-~ Agenda Item .... ~? Questions coffcemiffg this acquisition may be directed to Jerry Clark 349-8390 Kathy DuBose, Fiscal and Municipal Services-~ SUBJECT: An Ordinance authorizing the execution of change order one to the personal services contract providing technical support for right-of-way acquisition associated with U.S. 77 Road Widening Project between the City of Denton and Roger Wilkinson; providing for an increase in the scope of work and an increase in the payment amount; and providing an effective date (Purchase Order 92249-00 to Roger Wilkinson in the amount of $120,000 plus change order one in the amount of $25,000). CHANGE ORDER INFORMATION: When the original professional services agreement with Roger Wilkinson for technical support for right-of-way acquisition associated with U.S. 77 Road Widening Project was set up,the precise number of hours required was unknown. The dollar amount $120,000 was a calculated estimate. We are now over 75% complete with the right-of-way acquisition phase of the project and fully anticipate the additional requested amount will cover Roger Wilkinson's assistance to closure of right-of-way acquisition. RECOMMENDATION: We recommend change order one be approved in the amount of $25,000, and revise the contract amount to $145,000. PRINICPAL PLACE OF BUSINESS: Roger Wilkinson Denton, TX ESTIMATED SCHEDULE OF PROJECT: Right-of-Way acquisition is scheduled for completion within the next 90 days. PRIOR ACTION/REVIEW (COUNCIL BONDS COMMISSION): Council approved the original personal services contract with Roger Wilkinson on November 17, 1998 (Ordinance No. 98-399) in the amount of $120,000. Agenda Information Sheet March 21, 2000 Page 2 FISCAL INFORMATION: Change Order One will be funded from Street Bond fund account (440-020-STRT-8511-9105), the new contract amount will be $145,000. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 92249-00 (Change Order One) to Roger Wilkinson Attachment 2: Ordinance 98-399 1352 AGENDA ATTACHMENT 1 o I 0"% 0~ o o o o o o o 0 o o o o o o o 0 o 0 o o o o ATTACHMENT 2 O, N CE NO. qf-. qq AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES CONTRACT WITH ROGER WILKINSON TO PROVIDE TECHNICAL SUPPORT FOR THE ACQUISITION OF RIGHT-OF-WAY PARCELS AND UTILITY EASEMENTS RELATING TO THE U. S. HIGHWAY 77 PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to contract with Roger Wilkinson to provide personal services with regard to the acquisition of (1) right-of-waY parcels and (2) public utility easements for the Utility Relocation Phase, for the U. S. Highway 77 Project; and WHEREAS, a Personal Services Contract is exempt fi:om competitive bidding in accordance with Tex. Loc. Gov't Code §252~002(a)(4); and WHEREAS, the City Council deems it in the public interest to authorize the City Manager to enter into a Personal Services Contract with Roger Wilkinson for the above- mentioned acquisition services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to enter into a Personal Services Contract with Roger Wilkinson, substantially in the form of the attached Contract, which is made a part of this ordinance for all purposes, to provide (1) fight-of-way parcels and (2) public utility easements for the Utility Relocation Phase, for the U. S. Highway 77 Project. SECTION II. That the City Manager is hereby authorized to make the expenditures as outlined in the attached Contract. ~ That this ordinance shall become effective immediately upon its passage and approval. il. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 EMPLOYMENT CONTRACT FOR PERSONAL SERVICES STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made and entered into this /'~V__~ day of ~e~/, 1998, by and between Roger Wilkinson, , hereinaRer referred to as "Consultant," and the City of Denton, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinaRer referred to as "City." WrrNESSETH WHEREAS, the City needs to employ Roger Wilkin~n, the fo~,,,er Engineering Tech Supervisor, to assist the City; and WHEREAS, the Consultant is the former En~neering Tech Supervisor for the City, and has over twenty-five years of experience in working with the City's fight-of=way-services, and has unique q-~iifications and experience that no other person can offer the City during this period of time; NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the parties hereto do mutually agree as follows: I. Scope of Services: The Consultant shall perform the following personal services in a professional manner working as an independent contractor not under thc direct supervision and comrol of the City: A. Consultant will provide, without limitation, the following services: Technical support specifically for the acquisition of right-of-way parcels for the pending U.S. Highway 77 Project, the limits for the project being from I.H. 35.to U.S. 380 (University Drive) e Technical support specifically for the acquisition of Public Utility Easements for the Utility Relocation Phase for the pending U.S. Highway 77 Project, the limits for the project being from I.H. 35 to U.S. 380 (University Drive). The Consultant shall perform ail the services required in a timely fashion, and shall complete same in compliance with schedules established by the City through its City Manager, as appropriate to carry out the terms and conditions of this Agreement. I~ Term: The te~ of this Agreement shall begin on November 6, 1998 and continue through September 30, 1999. This Agreement may be sooner tez,~binated in accordance with' the provisions hereof. Time is of the essence of this Agreement, and the Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedules established by the City, through its City Manager. IH. Compensation and Method of Payment: The Consultant shall be paid at the rate of sixty dollars ($60.00) per hour, and shall provide at least forty hours per week of consulting services, and will be available for additional consulting services as may be required by the City Manager. The total compensation to be paid to the Consultant under this Agreement shall not exceed One-Hundred and Twenty-Thousand Dollars ($120,000), unless the City Council approves additional compensation upon request of the City Mnnnger. Bo The Consultant .~hall devote the amount of time to this matter necessary to perform the services herein, but will try to reduce costs wherever possible. The Consultant shall bill the City through the submission of invoices, statements, and other documentation, together with support data indicating the progress of the work and the services performed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and details of all services rendered, along with any reasonable and necessary out- of-pocket expenses incurred. Additionally, the City shall either pay directly or reimburse the Consultant, as the case may be, for reasonable and necessary out-of-pocket expenses, including but not limited to, telephone, telecopier, reproduction, postage, overnight courier, vehicle mileage($.325 cents per mile), and travel. All copies will be charged at fifteen cents ($.15) per copy for copies made within Consultanfs offices, and as much photocopying as possible will be done by outside vendors at bulk rates or by the City to reduce costs if bulk copying is necessary. Upon completion of all services for a particular issue or Wansaction, the City shall make payment to the Consultant within thirty (30) days of the satisfactory completion of services and receipt of an invoice or statement. The parties anticipate invoices or stat=ments for services will be generated on a monthly basis and that said invoices or statements will be sent on or about the 15th day of each month. All reimbursable expenses, including but not necessarily limited to travel, lod~ng, and meals shall be paid at the acWnl cost, pursuant to the terms and conditions herelnnhove set forth. All invoices and bills shall be approved by the City Manager. It is understood that the Consultant shall work under the coordination and general supervision of the City M~nsger. All notices, invoices, and payment shall be made in writing and may be given by personal delivery or by mail. Notices, invoices, and, payments sent by mail shall be addressed respectfully, Michael W. Jez, City Manager, 215 E. Mcginney, Denton, Texas 76201; or to Paul William~on, Right-of-Way Agent, 221 North Page 2 Elm Street. When so addressed, the notice, invoice, and/or payment, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable notice is given. IV. Professional Competency: The Consultant agrees that in the p~formance of these professional services, Consultant shall be responsible to the level of competency and shall me the same degree of skill and care presently maint:~ined by other practicing professionals performing the same or similar types of work. For the purpose of this Agreement, the key person who will be performing the work hereunder shall be Roger Wilkinson. Bo Any reports and other documents prepared or obtained under the t~,,,s of this Agreement are in.~t~uments of service and the City shall retnln ownership and a property interest therein. If this Agreement is.te~',ilnated at any time for any reason prior to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon t~,mination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to the Consultant. · . V. Establishment and Maintenance of Records: Full and accurate records shall be maintained by the Consultant at its place of business with respect to all matters covered by this Agreement. Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement VL Audit~ and Insnection: At any time during not-,al business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's records with respect to all matters covered by this Agreement. The Consultant shall permit the City to audit, examine, and make excepts or tr~n.,~ripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement. VIL Accomplishment of Proiect: The Consultant shall commence, carry on, and complete any and all projects with all practicable dispatch; in a sound, economical and efficient matter;, and, in accor,~ance with the provisions hereof and all applicable laws. In accomplishing the projects, the Consultant shall t~ke such steps as are appropriate to insure that the work involved is properly coordinated with related work being candied on in the City. VIII. Indemnity and Independent Contractor Relationship: The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City. Nothing herein shall be construed as creating a relationship of employer and employee bctwcen the parties. The City and Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a third party which may result from or directly or indirectly aris~ from any negligence and/or errors or omissions on the pan of the Consultant or Page 3 from any breach of the Consultant's obligations under this Agreement. The Consultant a~rees to defend, indemnify and hold harmless the City and all of its officers, agents, servants, and employees against any and all such claims, demands, d~mages, losses, and expenses, incl~ling, without ]imitation, court costs and reasonable attorney's fcca incurred by the City in each case solely for injury, death, and physical d~mages to real or tangible personal properS.to the extent resulting from the negligent acts or omissions of the Collsultallt ii1 the peri'ormance of this Agreement. Nothing herein constitutes a waiver of any rights or r~medics the City may have to pursue under either law or equity, incl, rlin~, without ]imitatiol~ a cause of action for specific perfol'l~ance or for damages, or loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved. IX. Te~ination of Agreement: In connection with the work outlined in this Agreement, it is agreed and fully understood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or t~l,,,inate this Alp~,'ement at any time upon written notice to Consultant, upon receipt of such notice, Consultant shall cease all work and labor being p~£ormed under this Agreement. Consultant may terminate this Agreement by giving the City fifteen (15) days written notice that Consultant is no longer in a position to continue representing the City. Consultant shall invoice the City for all work satisfactorily completed and shall be compensated in accort~nce with the te,~s of this Agreement. All reports and other documents, or data, or work related to the project shall become the property of the City upon termination of this Agreement. This Agreement may be terminated in whole or in part, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the te,~inating party. Provided, however, that no such termination may be affected, ullless the other party is given [1] written notice (delivered by certified mail, return receipt request) of intent to terminate, and not less than thirty (30) calendar days to cure the failure; and, [2] an opport~mlty for consult_~tlon with the t~zinating party prior to te~,,,ination. Nothing contained herein or elsewhere in this Agreement shall require the City to pay for any work which is unsatisfactory or which is not submitted in compliance with the terms of this Agr~ment. X. Entir~ A~reement: This agreement represents the entire agreement and understanding between the parties and any negotiations, proposals, or oral a~rcements are intended to .be integrated herein and to be superseded by this written agreement. Any supplement or amendment to this agr~ment to be effeedve .~hall be in writing and signed by the City and the Consultant. XI. Compliance with Laws: The Consulf~nt ~hsll comply with all rede-mi, state, lo~al law~, rules, regulations, and ordinances applicable to the work covered .hereunder as they may now read or hereinaiter be amended, including but not limited to the Texas Disciplinary Rule of Professional Conduct. Page 4 XII. Governin~ Law: For the purpose of determining place of agreement and law governing same, this Agreement is entered into the City and County of Denton, State of Texas, and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting in Denton County. xm. Discrimination Prohibited: In perfo~,~ing the services required hereunder, the Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. XlV. Pe~onn~: The Agreement to the Consultant represents that it hs.~ or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or have any contractual relations with the City. Consultant shall inform the City of any conflict of interest or potential conflict, of interest that may arise during the term of this Agreement. All services required hereunder will be perfo,,ued by the Consultant or under his supervision. All personnel engaged in work shall be ~mlified and shall be authorized or t~;J:,~itted under state and local laws to perform such services. 'XV. Assignability: The Consultant Shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the City thereto. XVL Severabilitv: All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", "Independent Contractor Relationship~, and "Compensation and Method of Payment" hereof, shall be held to be invalid by any competent court, this Agreement shall be interpreted as though such invalid a&reements ct covenants were not contained therein. XVIL Responsibilities for Claims and Liabifitv: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its work; nor shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other decrements prepared by the consultant, its employees, officers, agents and constdtants. XVIIL Modification of Am'eement: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be. offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this agreement, or the rights or obligations of the parties hereunder; unless such waiver or modification is in writing, duly executed as aforesaid; and, the patties further ~'gree thst the provisions of this section will not be waived as herein set forth. Page 5 XX. Cautions: The captions of this Agreement are for infoii,,atiollal purposes only and shall not in any way affect the substantive t~i~ or conditions of this Agreement. XXI. Blndine Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, ~dministrators, legal representatives, successors, and assi~c~n~ where permitted by this Agreement. IN WITNESS i~REOF, the City'of Denton, Texas bas caused this Agreement to be executed by its duly authorized City Mun~er and Consultmat has executed this/Agreement ~ou~ its ~y authored und~ig~ed omc~, ~ed the/~7~y of_~ff~~S. ClTY OF DENTON BY~GER: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATI'ORNEY  SULTANT ' h~^ ~ r~O~,KINSO~ ' Page 6 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE PERSONAL SERVICES CONTRACT PROVIDING TECHNICAL SUPPORT FOR RIGHT-OF-WAY ACQUISITION ASSOCIATED WITH U.S. 77 ROAD WIDENING PROJECT BETWEEN THE CITY OF DENTON AND ROGER WILKINSON; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 92249-00 TO ROGER WILKINSON IN THE AMOUNT OF $120,000 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $25,000). WHEREAS, on November 17, 1998 (Ordinance 98-399), the City awarded a Personal Services Contract to Roger Wilkinson in the amount of $120,000; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respects to the individual performing the service and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the change order increasing the amount contract of the agreement between the City and Roger Wilkinson, on file in the office of he Purchasing Agent, in the amount of Twenty Five Thousand and no/100 Dollars ($25,000), is hereby approved and the expenditure of funds therefor is hereby authorized. The master contract amount if amended to read $145,000. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: CHANGE ORDER to PURCHASE ORDER 92249-00 .ORDINANCE-2000 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET Agenda Agenda Item ! March 21, 2000 Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 Kathy DuBose, Fiscal and Municipal Service~7 SUBJECT: An Ordinance providing for the expenditure of funds for emergency purchase of materials, supplies, or services in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; providing an effective date (Purchase Order 02323 to Layne-Texas in the amount of $25,630). BID INFORMATION: Purchase Order 02323 was issued to Layne-Texas as the lowest bidder for routine maintenance of a Layne Vertical Turbine 24GM-4 stage raw water pump at the Lake Lewisville. The order amount was $7,900 and included pulling the pump, shop labor to disassembl%clean inspect, reassemble and prepare inspection report. After disassembly it was discovered that extensive corrosion had damaged parts other than normal wear rings and bearings. The additional repairs totaled $17,730. Due to the critical need for all four of our raw water pumps this summer, time was not available for the bid process to take place. Two other pumps are experiencing questionable performance and are under close observation. Repair of Raw Water Pump #2 was declared an emergency and work was authorized to proceed. Emergency purchases effecting public health and or safety are exempt from the bid process. RECOMMENDATION: We recommend Purchase Order 02323 to Layne-Texas be approved in the amount of $25,630. PRINICPAL PLACE OF BUSINESS: Layne-Texas Tyler, TX ESTIMATED SCHEDULE OF PROJECT: Repairs and parts are currently on order and reinstallation is scheduled for the last week in April 2000. Agenda Information Sheet March 21, 2000 Page 2 FISCAL INFORMATION: Funds for this emergency repair are available from 1999/2000-budget account (620-081-0460- 8339) Maintenance of Production Equipment. Respectfully submitted: Tom~-~-S~ax~, C.~.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 02323 to Layne-Texas Attachment 2: Quotation from Layne-Texas Attachment 3: Revised Quote from Layne-Texas 1357AGENDA ATTACHMENT 1 O d ~- ~. u. 8 o o o o o 0 ~.~ o o o O o :~ o~ O~ . Z Z 0 0 o o o o o o o ~ o o o 0 0 0 0 o o o 0 )....m >. z o o o o cq CD 0 0 L~ 0 0 CD 0 To: Reference: ATTACHMENT 2 Laync Christensen Company La~e - Texas Division 5734 American Legion Road · Tyler. Texas 75706-9147 - (903) 592-6177. Fax: (903) 597-9469 QUOTA~ON City of Denton Date: 1701-B Spencer Rd. Denton, Tx 76205 Quotation No.: Attn: Randy Markham Repairs to Low Service Pump No. 2 12;13/1999 28-073-337-9 I is Labor 3 man crew and tools to pull pump, and set pump Crane truck transporting pump to & from shop Crew per diem Shop labor to disassemble, clean, and inspect pump bowls, sandblast & inspect oil tubes & column pipe, sVaighten shells, and prepare inspection report Incudes $200 allowance for installation supplies: permatex, form-a-gasket, & turbine oil Post.iV' Fax Note 7671 SHIPMENT: SHIPPING DETAILS: PROPOSED START DATE: The fon~ I~Ces am ~ubject ta FedemJ. S~ate and $7,900.00 Layne Christensen Company ~,e ~' ~J~- a~,~ r~ ,~er J w,~'~en =~,l~n~e ~ ~__------~C.r~, ~..~.,'~ i- ~ m~ ~ ~avs) By ~l ~ ACCEPTANCE: ' ' ' J ~ ~ ~ o~ ~ ~ ~ ~. ~ ~ (~) ~y~ ~1 ~t m~ ~ ~e by C~ ~ ~ any I~, Purchaser A~ ~Y Date Layne ChriStensen Company is an Equal Opportun~y Employer ATTAC .NT 3 Layne Christensen Company Layne - Texas Division 5734 American Legion Road - Tyler, Texas 75708-9147 - (903) 592-6177 - Fax: (903) 597-9469 To: QUOTATION City of Denton Date: 1701-B Spencer Rd. Denton, Tx 76205 Quotation No.: Attn: Randy Markham Reference: Repairs to Low Service Pump No. 2 2/22/2000 28-073-358-0 1 Is 1 Is 5 3 10 11 2 1 1 Is Labor 3 man crew and tools to pull pump, and set pump Crane truck transporting pump to & from shop Crew per diem Shop labor to disassemble, clean, and inspect pump bowls, sandblast & inspect oil tubes & column pipe, straighten shafts, and prepare inspection report. Incudes $200 allowance for installation supplies: permatex, form-a-gasket, & turbine oil Repaim Repair Layne 24GM - 4 stage pump bowls, including 2-11/16" x 125" impeller shaft, stainless Replace bowl bearings and oil seals Replace bowl & impeller wear dngs Blast & coat exterior of bowls 16" x 5' flanged column pipe w/epoxy coating inside & outside Recast existing column pipe inside & outside Rubber bushings for oil tube centering spiders 3-1/2" x 5' oil tubes w/exterior epoxy coating 3-1/2" x 2-7/16" lineshaff bearings 3-1/2" x 2-7/16" tension beadng Trucking on incoming materials 1,296.0C Total Estimate Please see attached letter. 296.00 15.00 87.00 82.00 406.00 400.00 $7,900.00 8,285.00 6,480.00 888.00 150.00 957.00 164.00 406.00 400.00 $25,630~00 Page I of 1 SHIPMENT: Layne Christensen Company SHIPPING DETAILS: (cen~or) PROPOSED START DATE: The foregoing pr/cos are subject to Federal, S~te and Loc-a{ Sales a~d Use Taxes, This Quotation v~{I automaticatly expire if purchaser does not deriver a written acceptance to f--"~. ~ t, /~l Contractor by (30 davs) BY ACCEPTANCE: ' The undersi~med eeeept~ the above proposal at the ~dces sbow~, subject to any necessary revision in the llst of' estimated ~uant;fies. and hereby su{hor~es and in~truet¢ Contraeter to proofed with tho d~dbed work. Tho under¢igned undem~nde a~d aDr~ that the Ten~s and Conditien~ {h~ on tho revam~ are hereby incorporated as part of this contract. Pumhaser's pumps, motors, parts end/or accessories may bo stored by Contractor for thirty (30 days from date of invoice or other written notice from Contractor. After thirty (30) days, disposal of equipment may be made by Contractor without incurring any liability. Purchaser Address By Date Layne Chdstensen Company is an Equal Opportunity Employer ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES, OR SERVICES IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 02323 TO LAYNE-TEXAS IN THE AMOUNT OF $25,630). WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $15,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 02323 Layne-Texas $25,630 SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to pumhase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION III. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY · JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 02323 EMERGENCY PURCHASE ORDER- ORDIAIqCE 2000 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 21, 2000 Materials Management Ao nd rdo., , Aoendaltem Date Questions concerning this acquisition may be directed to Cary Tower 349-8424 Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance providing for the expenditure of funds for emergency purchase of materials, supplies or services in accordance with prOvision of State Law exempting such purchases from requirements of competitive bidding; providing an effective date (Purchase Order 03622 to Darr Equipment Co. in the amount of $27,498.75). PURCHASE ORDER INFORMATION: The rear differential on the 1992 Caterpillar model 816B Compactor used at the Landfill in the refuse cover operation failed. This caused' the transmission housing to crack requiring replacement. An in-frame engine overhaul was scheduled before summer in anticipation of heavy, use under adverse conditions. This unit is critical to the Landfill operation and no backup equipment is currently available. Daily refuse compaction and cover is critical to public health and TNRCC permit compliance. Repairs to this unit were declared an emergency and a purchase order was issued authorizing repairs to proceed. The critical need to remm this unit to service did not permit time for the formal bid process. RECOMMENDATION: We recommend Purchase Order 03622 to Darr Equipment Co. be approved in the amount of $27,498.75. PRINICPAL PLACE OF BUSINESS: Dart Equipment Co. Dallas, TX ESTIMATED SCHEDULE OF PROJECT: Repairs are currently underway and completion is scheduled for the last week in March 2000. FISCAL INFORMATION: Repair cost will be funded from Motor Pool Sublet Labor account (730-025-0580-8710). The Caterpillar model 816B was purchased in early 1992 at a cost of $222,000. Replacement cost is estimated to exceed $400,000. Agenda Information Sheet March 21, 2000 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 03622 to Dart Equipment Co. Attachment 2: Cost Estimate from Dan' Equipment Co. 1356 AGENDA ATTACHMENT 1 o o o ~D {" O O I O O O o o o 0~ d 0 0 ~ {.9 ~o,.~ 0~ o (D o o (D 0 0 ATTACHMENT 2 '4. ~ * C:I:'T'Y OF' DENTON F~C(::.I:IILIN 1 S F'P~YPI~ILE: 90:1.~ 'fEXA5 ST I:~E:H T (:)N 'T X 7820 .I. NOtDJO0207 DhTEt02/02/O0 EXF':[RA'I'Z[iN D~TEt 00/00/00 03-02-00 02-02.--o,::, t0 O0 G 45:t 2 RILHOVE: & INSTI~LL PIN.TON ~iiERV:[CI< DATE 2/1 {:~.ll. WAS DRAZNE[~ FROH [II.i"F"I~:REHI']F~L I'JCIIJ~gIN(:;, NOF-;r~61 BHJ:II.IN'T OF HEI';~t.. F~:E!Ni:I (}N PF{~%i:N F';...I.JG~ P':LNAL I:,g:lJJF CLOVERS WERE REHOUED 6L{]NG WI-fH DJ:F'I::'I[~:f;:ENI':I:AL W~S REHi:iUE:D /sND E~EN'i Ti] LIS.[NE~ NEW SEAL AND rof~E-iLIl:.~:~ BOLTS ~E.F'I.~CE:D AXLES AND F'~NAI [If-:.~'~E: Cf.~UER5 U.l:l. F~NI:t 'TOF'PED OFF F:[r.H-~L. D[~[UE~, F:EF'I...~CE:[: SLEAL. S '~,:~LB 'rEx^s ST '? g.,201 NOtDJ~020? ~RTEt02/02/O0 EXPZRhTION DhT£! 00/00/00 I:ON'I' ' P cA ~/,~ Iqq~T qATA:Hqq N;~T 7/R;~TZ/Z/Fn ~t~:TT hR~T/QT/T(~ CIT',' OF DENTON DE:NTC)N TX NOIDJB0207 EXF'IRh]ION DATEI 00/00/00 9206 t ,0 10404-."i~ L~LIO'T [:. ES'[ l Hr~ I'ED L.,I~R 108 F:l:i:.~iiE~L. ,,'Td',:~jf~/LOCKS/DI.~:;< !:~ I'F;~I'!~i~ ~ '~"Oi:::t:~CLINV ~ TR Gl::,' I.. E UEL L I' WO L. IN[iS ,, GI..~ hi.:: A N 1' l:i: E: I:l 6 4 ,:> g~. ::k '.,' BI.![I Il Bt.Il NOT (:)F"f :I:(:IN [~UO'I'E · HAiN TITAN £RSE IS l':l:':i'iNE A~OUE: [,1-;I1,~[:: LiNE , [;['I'Y OF B~:NTON NOtDJB0207 bATEt02/02/O0 h :1: !i~'~!~':i;EHIJL E: HYD ,, F'I.~F:' % :!: N£H::'E:(::'! F(]F-: NE:CES..~hi::'¥' RE" ,':;EF<L.q (: I:: RE:PORT= 02/25/2.000 i:~I<.:;~%,'i;SE:HBL..ELO VANE PLJHt::' FOLJND ].~H~G~D SHAFT, Sl::ff~i 5. I ~F'F'E[~ THE [:~ RE.E'I...hC E:M~EN T PARTS, F:I::.,S'E~I../[¢t:GS/LOCKS BIF I:' I::~I:!:H f I I. [!: Ulii: I._ F'l!::l::;l:(]f,:~ I):[F'F'. REF't~II;~ Dl:'¥.[Ot'~ h,C. IIi:F; L..E~Ji'it, :l. (.~tJ:[l:sl~[. CON'I'D 76201 NOtDJ80207 ~RTEt02/02/O0 EXPIRhl'ION D~TEI 00/00/00 12t..~80207 02-02.-00 t 0 10 ~:~r~ BJ. 6B O:t t:';ZO I. 234 [ 0 O0 G 451 2 : 1.0 '1040q ']Ni ~};li"PU¥CI: il)hr['*. 2/15/0o HOLh:¢ lNG W~S WORN E:NOUGF~ 'T'C} TttE 1J [FFERENTIAL YOKE ,~NB [;i...EI~EUE.I). ~E REPL~C~:I.~ fill.. ~NI:, [NRThLLEB ~LEEVFI:, PIN~i)N I:~E:t~SL;E:HDLE[I [IJFFEREN'I [~M.. ~,[:F;U I CE' I'E~H THOH~S F .t 2'.'). ':JO 4 HPd:' H 1 NE:/GF~ IND/MILL DAT£t02/02/OO ~LX?]:~firION D~TEI 00/00/00 ',!~[:RUII:I:: Y~:EPORT: 02116/20',:.":) 7'~I'¢D ]:NSiBLL 'THE SLI:EUt!: [iN il-tiE AXLE HOUSING SU[:'I:'()I:~T.- TRUN 14: Ltt,- :1. :1 (., ]0 ?1': '"' 0'71 ~ ,I 6K -2430 .1..~K ..-0:159 4 I::' "-' 7~88 L 2K ~' 0713 I. I..4 ] .*-4055 2 6K'- 1330 t::'A{it: A ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 03622 TO DARR EQUIPMENT CO. IN THE AMOUNT OF $27,498.75). WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $15,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to' purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" referenced herein and on file in the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER NUMBER 03622 VENDOR Dart Equipment Co. AMOUNT $27,498.75 SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION III. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 03622 EMERGENCY PURCHASE ORDER- ORDIANCE 2000 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 21, 2000 Materials Management Agenda No,~ Agenda Item ~,~ Questions concerning this acquisition may be directed to Bruce Henington 349-7200 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT: An Ordinance providing for the expenditure of funds for an emergency purchase of material, supplies and service in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (Purchase Order 03944 to The Andrew Joseph Co., Inc. in the amount of $27,022). BID INFORMATION: After North Central Texas College moved out of leased space at City Hall East the Renovation process was begun. One of the first projects was proper abatement of asbestos. Prospective contractors were "walked through" the area and they submitted price proposals. The lowest estimate was The Andrew Joseph Co., Inc. in the amount of $14,800. A purchase order was issued and work was started. As the abatement work was being performed under the direction of State officials it was discovered that there were two layers of floor tile and that the A/C duct was wrapped inside as well as outside. These unknown factors added $12,222 to the total project cost. Since State officials were on site and since the work was being perfmmed in an occupied building, City Hall East~the purchase order was revised to a total of $27,022 and work was authorized to proceed. Emergency purchases effecting public health or safety are exempt from the bid process. RECOMMENDATION: We recommend Purchase Order 03944 to The Andrew Joseph Co., Inc. be approved in the amount of $27,022. PRINICPAL PLACE OF BUSINESS: The Andrew Joseph Co., Inc. Grapevine, TX ESTIMATED SCHEDULE OF PROJECT: Due to the potential for risk to the public this asbestos abatement project was completed without interruption on March 10, 2000. FISCAL INFORMATION: The funding for the portion of City Hall East Renovation will be taken from Buildirlg Renovation account (477-032-BLDG-0018-9101). Agenda Information Sheet March 21, 2000 Page 2 Respectfully submitted: Tom Shaw, C.P.M.', 349~7100 Purchasing Agent Attachment 1: Purchase Order 03944 to The Andrew Joseph Co., Inc. Attachment 2: Quotation from Andrew Joseph Co., Inc. Attachment 3: Revised quotation from Andrew Joseph Co., Inc. 1353 AGENDA ATTACHMENT 1 O 0 0 0 0 ~0 0 0 0 n~ 0 0 N 0 0 ~ ~0 O O O O O O O O ee ee O O 0 ~ 0 O~ 0 0 ~3 ~n 0 O O O O O O 0 0 ATTAC~ENT2 THE ANDREW JOSEPH COMPANY. XN~. DATE: 03-01-00 PROPOSAL ASEESTOS ABATEmeNT COMPANY: City of Denton 604 Hickory Street Denton, TX 75243 ATTENTION: Bruce Henington PHONE I~EK: (940) 349-8402 FAX I~]MBEI~: (940) 349-8242 SITE LOCATION: NCTCC/City Hall East SCOPE OF WORK REMOVAL AND DISPOSAL OF THE FOLLOWING ASBESTOS: - Approximately 8,000 square feet cE Floor .Tile, Mastic and Carpet. - Approximately 400 square ~eet of Duct Insulation. WE H~VE INCLUDED THE FOLLOWIN~ IN 0~ BASE BID: - Follow all current federal, state, and local regulations in the specified areas to be abated as of thi~ date. - Supply State Licensed Asbestos Supervisors and State Licensed Asbestos Workers ~or the asbestos abatement. All workers will use full respiratory protection and disposable clothing, as per OSHA 29 CFR 1910 and 1926 regulations, - Encapsulate all abated surfaces. - Load all asbestos contaminated waste into a waste trailer and transport to an EPA approved Landfill. City of Denton will Eurnish the following items: - Remove all Doors prior to Asbestos Removal - Remove Ceiling grid prior to Asbestos Removal - Supply open top dumpster for non/Asbestos material PRICE: Pricing is for the services listed ABOVE. a. Removal & disposal of ACM ..................... $14,800.00 ESTIMATED COMPLETION: 5-7 working days (No taxes included) All work to be completed in a substantial workmanlike manner per standard practices. Any alteration or deviation from above scope of work involving extra costs will become an extra charge over and above the contract price. All agreements are contingent upon strikes, accidents, delays or changes in Federal, State and Local regulations beyond our control. Mark Watson TITLE: President DATE: _03-01-00 NOTES: Owngr will SuDDlv all_water, electrical~ower_and rest voom iacili2ies at n° charge, to the contractor. P.O. Box 545 Grapevine, Tx. 76051 (817) 481-4239 ATTACHMENT 3 TH]E A~DP~ ~--~7 ~OS~:~ COMPANY · INC - DATE: 03-03-00 PROPOS~n ASBESTOS ~BAT~ENT COMPANY: city OE Denton 604 Hickory Street Denton, TX 75243 A~T~ON: Bruce Henington ~ONE ~u~: (940) 349-8402 F~ N~: (940) 349-~242 ~1T~ ~TXON: ~CTCC/City Hall ~ast SCOPE OF WORK I~MOVAL AND DISPOSAL OFTHK FOLLOWING ASBESTOS: - Approximately 10,000 square ~eat of Floor Tile, Mastic and Carpet. - Approximately 800 square feet o~ Duct Insulation. W~HAVE INCLUDED THE FOb~OWING IN OUR BASE BID: - Follow all current gederal, state, and local regulations in the specified areas t° be abated as of this date. - supply State Licensed Asbestos Supervisors and State Licensed Asbestos Workers for the asbestos abatement. Ail workers will use full respiratory protection and disposable clothing, as per OSHA 29 CFR 1910 and 1926. regulations. - Encapsulate all abated surfaoes. - Load all asbestos contaminated waste into a waste trailer and transport to an EPA approve~ Landfill- city o~ Denton will £urnish the following items: - Remove all Doors prior to ~sbestos Removal - Remove Ceiling grid prior to Asbestos Removal - Supply open top dumpster for non/Asbestos material PRICE: Pricing is for the services listed I%BOVE. ~2.0~ a. Removal & disposal o~ ACM duct left in place · b. Removal & disposal o~ ACM and metal duct .... ESTIMATED COMPLETION: 5-7 working days (No taxes included) ~tnndard uractices. ~y at=era~on or u~v~-U,, -i .... J-.- - ..... costs w~ll become an ex~ra above the contract price. All agre~ents are contingent upon strikes, accidents, delays or changes in Federal, State ~d Boca[ regulations bey~n~c~trol. NOTES: Ovner will su~Dly a~l water., electrical Dower and_rest .room ~acilities at no charae._to the contractor. P.O. Box 5&5 Grapevine, Tx. 76051 (817) aSl-&239 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN EMERGENCY PURCHASE OF MATERIAL, SUPPLIES AND SERVICE IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 03944 TO THE ANDREW JOSEPH CO., INC. IN THE AMOUNT OF $27,022). WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $15,000 be by competitive bids, except in the case of public calamity where it .becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBy ORDAINS: SECTION I. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" referenced herein, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 03944 The Andrew Joseph Co., Inc. $27,022 SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids~ SECTION III. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 03944 EMERGENCY PURCHASE ORDER - ORDIANCE 2000 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 21, 2000 Materials Management Agenda Item Date ,-~//~/,/'f~ ..... Questions concerning this acquisition may be directed to Sharon Mays 349-8487 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT: An Ordinance accepting competitive bids and awarding a contract for a second 12/20/25 MVA Power Transfmmer; providing for the expenditure of funds therefor; and providing an effective date for second award (Bid 2408 - Power Transformer awarded to Waukesha Electric System, Division of General Signal Power Systems, in the amount of $427,459). BID INFORMATION: The addition of substation capacity is necessary due to our loading criteria. The Pockrus/Page Substation operated at 38.43 MVA in the Summer of 1999, which is 77% of the rated capacity of 50 MVA. The addition of the Lakeview Ranch Development, The Preserve, the new Denton Regional Hospital, Wynstone and Oakmont II Developments will increase loading on the existing Pockrus/Page Road Substation to 62 MVA. This would be 12 MVA over the 55-degree centigrade rise rating of the existing transformers or 120% of rated capacity. By expanding this facility, DME will be able to adequately feed these large developments as well as provide for a loop feed capability for all of the new subdivisions along the FM 2181 corridor. This additional ~apacity will provide assurance of reliable service to the Southridge, Forrestridge, and Montecito areas. The current overloaded conditions of the Pockrus/Page Substation feeders will be alleviated with the planned expansion of the substation. Due to the seventy-two (72) week lead-time for the construction and delivery of a Power Transformer quoted by most transfmmer manufacturers, it has been decided that we will increase the quantity of our current order. The Public Utilities Board approved Bid 2408 for the purchase of a 15/20/25 MVA Power Transformer on October 4, 1999. The transformer currently on order was originally purchased for the new South Substation. Due to the critical loading of the Pockrus/Page Substation, we plan to install the first delivered transformer at Poekrus/Page in September/October of 2000. This proposed purchase of a second transformer will actually be installed at the new South Substation in the March/April of 2001. purchase an identical unit from the same additional Power Transformer without the According to the bid specifications, we can manufacturer by submitting an order for an requirement of rebidding the project. The Purchasing Department opened Bid 2408 on August 31, 1999. There are nine respondents with five proposals. Council awarded the bid on November 2, 1999 (Ordinance No. 99-395), contracts were signed on December 13, 1999. Agenda Information Sheet March 21, 2000 Page 2 PRIOR APPROVAL BOARDS/COMMISSIONS: Public Utility Board approved the acquisition of a second Power Transformer on March 6, 2000. RECOMMENDATION: Staff recommends the purchase of the second 15/20/25 MVA Power Transformer from Waukesha Electric System. The Power Transfomxer offered by Waukesha meets specifications and has the lowest evaluated price. Waukesha has offered a discount making the purchase price $427,459. The discount is based upon reduced design cost for the second unit. The lower offerings by Sunbelt and Temple had a higher evaluated operation cost (see attached evaluation summary sheet) and the offering from Kuhlman took exceptions to the Performance Bond Requirements. PRINICPAL PLACE OF BUSINESS: Waukesha Electric System, Division of General Signal Power Systems Goldsboro, NC ESTIMATED SCHEDULE OF PROJECT: The second transformer is scheduled for delivery between March 15, 2001 and April 15, 2001. FISCAL INFORMATION: This Power Transformer will be funded from CIP Project 00-1032-02 and funded from the pending FY 2000 Bond Sale scheduled for April 26, 2000. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet Attachment 2: Evaluation Summary Sheet Attachment 3: Quotation for WES dated 3-2-00 1354 AGENDA ATTACHMENT 1 TABULATION SHEET Bid # 2408 Date: 8/31/99 POWER TRANSFORMERS NoI Qty. I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Keasler Kuhlman Sunbelt Waukesha Temple Wesco Electric Trans. Electric Principle Place of Business: Richardson, TX Grand Prairie, TX Ft. Worth, TX Goldsboro, TX Temple, TX Power Transformer 1 15/20/25 MVA, 138kV $441,877 $428,892 $446,410 $436,356 $3i6,800 wye with load tap Changer Second Award: Less Discount: Cost: $441,877 -$14,418 $427,459 Bid # 2408 ATTACHMENT 2 Power Transformer Evaluation Summary Sheet Certified load Losses(S2036) ........... ~.1~;.6...3.$~ ................... ~4~(~:.0...0...~ $128,084.76 $110,554.80 iWarranty Adder $21,444.60 i Field Installation Cost $25,000.00 $500.00 i Field Service Cost : Short Cimuit Testing i $316,800.00 [Delivery to Site Adder. :~ $17,856.40 ........................................... i ................................... i Performance Bond Release Total Evaluated Cost . . Bid Bond Compliant Compliant Compliant Non-Compliant Compliant Evaluation Rating 2 ~_ _3 0_ _4 Tempe Waukesha Wesco Kuh man Sunbe t Ce,[;;;ed Losses mtereace Temp. 75C 76C 75c 75C 75C Certified no load losses, kW 15.50 15.06 17.00 13.24 25.00 i Ce~til~ed load Losses, kW 42.00 41.57 40.00 62.91 54.30 Total losses, kW ~ 25 MVA 57.50 56.62 57.00 76.15 79.30 [Total cooling requirements, kW 1.5 1.08 0 3 4.8 ilmpedance~ ..................................................................................................................................................................................................................................................... in % at 16 MVA 7.8 7 7 7.8 7~8 i Guamnteed date of delivery 168 Days In Window 273 days 37-39 Wks 18-22 Wks iEquipment Specification Exceptions: !Load tap changer Compliant Compliant Compliant Compliant Compliant iTank Non-Compliant i Compliant i Non-Comp~iantl Non-Compliant Non-Comp iant:~ iConstruction Non-Compliantl Compliant iNon-Complianti Non-Compliant Non-Complianti ~B.3 Experience List Compliant i Compliant Compliant Compliant i Non-Compliantl ...............ISO 9001 Certificate Include Comp ant i Comphant . Compl,ant i Compi,ant . Non-Compl,ant [Aux. Equipment Compliant [ Non-Comphant[ Non-Comp ant Comp ant ~ Comp ant ATTACHMENT 3 " Quotation March 2, 2000 City of Denton 90lA Texas Street Denton, Texas 76201 Attention: Ray Wells Subject~ City of Denton PO 02226 - Power Transformer WES PO Number GM991882 Additional Unit Dear Ray, Per our phone conversation of this week, I am pleased to offer you an additional, discount offthe price of the original unit, making the second unit price $427,459. We ale currently holding a prndtmtion slot for this additional unit, in our Goldsboro Plant, for shipment late in Febma~3~, 2001. The actual ship date will be dependent upon receipt of your new or revised PO adding the second unit. All performance guarantees, terms and conditions fbr the second unit will be as per the original purchase order above. If you have any questions, please give me a call. Sincerely, Mary Schopper Application Engineer Lu Zendebmi, WES Syd Keasler, Keasler Associates ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETATIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 15/20/25 MVA POWER TRANSFORMER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE FOR SECOND AWARD (BID 2408 - POWER TRANSFORMER AWARDED TO WAUKESHA ELECTRIC SYSTEM, DIVISION OF GENERAL SIGNAL POWER SYSTEMS, INC. IN THE AMOUNT OF $427,459). WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive sealed bid for the construction of public works or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 2408 Waukesha Electric System, Division $427,459 of General Signal Power Systems, Inc. SECTION II. That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: BID 2408 - CONTRACTUAL ORDINANCE-SECOND AWARD AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 21, 2000 Materials Management Agenda No ~ Agenda ire; ~'---'~--z~z~' _ Date~ Questions concerning this acquisition may be directed to Charlie Watkins 349-8444 Kathy DuBose, Fiscal and Municipal Services-~) SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the annual supply of Commercial Refuse Containers; providing for the expenditure of funds therefor; and providing an effective date (Bid 2462 - Annual Price Agreement for Refuse Containers awarded as listed below in the estimated amount of $140,000). BID INFORMATION: This bid is for the annual contract to supply commercial refuse containers. The three basic configurations are front load, side load and open top roll-off containers. Containers will be ordered a need to meet customer demand and to replace worn out or damaged units. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for each item as listed below: iTEM DESCRIPTION SUPPLIER COST lA lB lC 1D 1E 1F 1G 1H Front Load Container 3 Cu Yd Front Load Container 4 Cu Yd Front Load Container 6 Cu Yd Sit Front Load Container 6 Cu Yd LP Front Load Container 6 Cu Yd HP Front Load Container 8 Cu Yd Slt Front Load Container 8 Cu Yd LP Front Load Container 8 Cu Yd HP Wastequip May Fab $280 Wastequip May Fab $315 WastequipMay Fab $395 Wastequip May Fab $420 Wastequip May Fab $420 Wastequip May Fab $460 Wastequip May Fab $470 Wastequip May Fab $470 ITEM DESCRIPTION SUPPLIER COST 2A 2B 2C Side Load Container 2 Cu Yd Side Load Container 3 Cu Yd Side Load Container 4 Cu Yd Fuqua Enterprise Inc. $227 Fuqua Enterprise Inc. $256 Fuqua Enterprise Inc. $298 ITEM DESCRIPTION SUPPLIER COST 3A 3B 3C Roll-Off Containers 30 Gu Yd Roll-Off Containers 20 Cu Yd Roll-Off Containers 15 Cu Yd Roll Offs of America/USA $2,473 Roll Offs of America/USA $2,315 Roll Offs of America/USA $2,215 Agenda Information Sheet March 21, 2000 Page 2 PRINICPAL PLACE OF BUSINESS: (See attached Tabulation Sheet) ESTIMATED SCHEDULE OF PROJECT: Sufficient quantities can be shipped within 2 to 3 weeks of an order FISCAL INFORMATION: Funding will come from Warehouse Working CaPital account (710-043-0582-8703) and charged to the Solid Waste Division as containers are placed in use. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1359 AGENDA LIJ Z Z UJ .03 IJJ UJ LU UJ UJ ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE ANNUAL SUPPLY OF COMMERCIAL REFUSE CONTAINERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2462 - ANNUAL PRICE AGREEMENT FOR REFUSE CONTAINERS AWARDED AS LISTED BELOW IN THE ESTIMATED AMOUNT OF $140,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOLTNT 2462 1A-1H Wastequip May Fab Exhibit "A" 2462 2A-2C Fuqua Enterprise Inc. Exhibit "A" 2462 3A-3C Roll-Offs of American/USA Exhibit "A" SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and. agrees to purchase the materials, equipment, supplies or services in accordance with the temas, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursu~rxt to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY' 2462 SUPPLY ORDINANCE contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2462 SUPPLY ORDINANCE · ' EXHIBIT "A" Bid # 2462 ANNUAL PRICE AGREEMENT FOR REFUSE CONTAINERS NoI Qty. I DESCRIPTION VENDOR VENDOR VENDOR !! May Fab Enterprises America/USA Principal Place of Business: Beeville, TX Cleburn, TX Durant, OK A 20 3 CUBIC YARD $280 B 5o 4CUBICYARD $315 C 40 4 CUBIC YARD SLANT TOP $395 D., 30 6 CUBIC YARD LOW PROFILE $420 E 30 6 CUBIC YARD HIGH PROFILE $420 F 12 s CUBIC YARD SLANTTOP $460 G 50 8 CUBIC YARD LOW PROFILE $470 H 13 8 CUBIC YARD HIGH PROFILE $470 2:: 51DELOADCONTAINERS : ; : A lo 2CUBICYARD $227 B lo 3 CUBICYARD $256 C 50 4 CUBIC YARD SLANT TOP $298 3 A 3 30 CUBIC YARD OPEN TOP $2,473 B 5 2o CUBIC YARD OPEN TOP $2,315 C 3 15 CUBIC YARD OPEN TOP $2,215 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 21, 2000 Materials Management ^genda tem . ,_ Date ~-8.~1/0~7 .... Questions concerning this acquisition may be directed to Charlie Watkins 349-8444 Kathy DuBose, Fiscal and Municipal Service~2 SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the supply of 30 Cubic Yard Self-Contained Refuse Compactors; providing for the expenditure of funds therefor; and providing an effective date (Bid 2468 - 30 Cubic Yard Self-Contained Compactors awarded to Galbreath Inc., in the amount of $10,375 each, estimated annual expenditure $83,000). BID INFORMATION: This bid is for the annual supply of 30 cubic yard self-contained refuse compactors. These units are assigned to commercial refuse customers such as LINT, TWU, Peterbilt, Kroger, Albertson, etc. These compactors have two cubic yard receivers and automated hydraulic compactors. RECOMMENDATION: We recommend this contract be awarded to the lowest bidder, Galbreath Inc., in the mount of $10,375 each. Estimated annual expenditure for eight units is $83,000. PRINICPAL PLACE OF BUSINESS: Galbreath, Inc. Mansfield, TX ESTIMATED SCHEDULE OF PROJECT: Delivery of 30 cubic yard compactors is 45 days after receipt of an order. FISCAL INFORMATION: These units will be purchased from Warehouse Working Capital Inventory account (710-043- 0582-8703) and recharged to the appropriate account as they are put into service. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1360 AGENDA ATTACHMENT 1 TABULATION SHEET Bid 2468 Date: 2/1/00 ANNUAL AGREEMENT-30 YD SELF CONTAINED COMPACTOR Jo IQty.I DESCRIPTION VENDOR VENDOR VENDOR VENDOR Master-Pak Disposal Acc. Systems, Inc. Supply ~i~.m~ii~,~t~8~!~i~i~iiii! Cleburn, TX Piano, TX Palestine, TX Mansfield, TX 30Yard Self-Contained $11,880 $9,910 $11,387 $10,375 1 4 Roll-Off Compactor Delivery 60 Days 7-14 Days 28 Days 45 Days ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF 30 CUBIC YARD SELF-CONTAINED REFUSE COMPACTORS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2468 - 30 CUBIC YARD SELF-CONTAINED COMPACTORS AWARDED TO GALBREATH INC., IN THE AMOUNT OF $10,375 EACH, ESTIMATED AI~qUAL EXPENDITURE $83,000). WHEREAS, the City has solicited, received and tabulated'competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2468 All Galbreath, Inc. Exhibit "A" SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid- Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities ar/d specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2468 SUPPLY ORDINANCE EXHIBIT "A" Bid 2468 ANNUAL AGREEMENT 30 YD SELF-CONTAINED COMPACTOR No ic~ty.i DESCRIPTION VENDOR Principal Place of Business: Mansfield, TX 30 Yard Self- Contained Roll-Off $10,375 1 4 Compactor Delivery 45 Days AGENDA DATE: DEPARTMENT: ACM: SUBJECT: AGENDA INFORMATION SHEET March 21, 2000 Materials Management Agenda No._ Agenda Item pate Questions conce~aing ghis acquisition may be directed to Cary Tower 349-8424 Kathy DuBose, Fiscal and Municipal Service~ An Ordinance accepting competitive bids and awarding a contract for the purchase of three Hydraulic Digger Derrick Trucks; providing for the expenditure' of funds therefor; and providing an effective date (Bid 2469 - Digger Derrick Trucks awarded to Peterbilt Motors Co./Dallas Peterbilt Inc., in the total amount of $409,799 including $74,000 for trade-in of two older units). BID INFORMATION: This bid is for the purchase of two 55-foot Digger Derrick Trucks and one 60-foot Digger Derrick Truck. The small units are motor pool replacements for two similar units purchased in 1990 and 1991 and being trade-in for the new Units. The larger track is a fleet addition intended to handle the heavier concrete poles now being utilized in several developments serviced by DME.in addition to normal digger derrick duties. The units are designed to accept an augerbit for drilling holes and a grappler attachment for handling wood and/or concrete poles. The older units will not be released until the new units are delivered and accepted. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder as listed below for the new units less their offer for trade-in, of the older units plus options: Item Description Supplier Price Ext. Price 1 (2) 55-Foot Digger Derrick Peterbilt Motor Co./Dallas Peterbilt Inc. $151,097 $302,194 Plus Optional Fiberglass Jib $ 873 $ 1,746 Less Trade in of older units [$ 37,000 $ 74,000] Total Amount $114,970 $229,940 2 (1) 60-Foot Digger Derrick Peterbilt Motor Co./Dallas Peterbilt Inc.$178,986 $178,986 Plus Optional Fiberglass Jib $ 873 $ 873 Total Amount $179,859 $179,859 Total Award $409,799 The lower prices offered by Commemial Body and Time Versalift failed to meet minimum lifting capacities to handle concrete poles. PRINICPAL PLACE OF BUSINESS: Peterbilt Motor Co./Dallas Peterbilt Inc. Denton, Texas Agenda Information Sheet March 21, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT: Delivery is quoted to be 210 to 240 days after receipt of an order or approximately the third week of October 2000. FISCAL INFORMATION: The acquisition of these vehicles will be funded from 1999/2000 Motor Pool funds approved in the 1999/2000 budget process account (720-025-0583-9104). Attachment 1: Tabulation Sheet 1361.AGENDA Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agem ATTACHMENT 1 O O ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF THREE HYDRAULIC DIGGER DERRICK TRUCKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2469 - DIGGER DERRICK TRUCKS AWARDED TO PETERBILT MOTORS CO./DALLAS PETERBILT INC. IN THE TOTAL AMOUNT OF $409,799 INCLUDING $74,000 FOR TRADE- IN OF TWO OLDER UNITS). WHEREAS, the City has solicited, received and tabulated' competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2469 1,2,4,6 Peterbilt Motor Co./Dallas Peterbilt Inc. $409,799 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the trams, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid- Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a fonrtal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities arid specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective i~nediately upon its passage and approval. PASSED AND APPROVED this day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2469 SUPPLY. ORDINANCE- 2-2000 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 21, 2000 Materials Management Agenda Item Questions concerning this acquisition may be directed to Jerry Clark 349-8390 Kathy DuBose, Fiscal and Municipal Servic~ SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the supply of Miscellaneous Pavement Marking; providing for the expenditure of funds therefor; and providing an effective date (Bid 2473 - Miscellaneous Pavement Markings awarded to ASC Pavement Markings, Inc., in the estimated amount of $39,900). BID INFORMATION: This bid is for the annual contract to supply labor equipment and materials to install miscellaneous pavement markings. Each project will be under the direction of the Traffic Engineering Division. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, ASC Pavement Marking, Inc., as listed below, total estimated expenditure is approximately $39,900. ITEM DESCRIPTION PRICE 1 24" White Thermoplastic (Type I) Lf $ 4.50 2 6" White Thermoplastic (Type I ) Lf $ 2.00 3 9 ½' Straight Arrow Thermoplastic Ea $100.00 4 8' Curved Arrow Ea $125.00 5 12.75' Combination Arrow Ea $175.00 6 Raised CL B (Reflective) Type II CR Ea $ 4.00 7 Raised CL B (Reflective) Type II-AA Ea $ 4.00 8 Raised CLB Reflective Type IoC Ea $ 4.00 9 Remove raised Pavement Markings Ea $ 1.00 10 Remove Hot Tape/Thermo Markings Lf $ 2.00 11 Raised Class A (Reflective) Type II A-A Buttons Lf $ 15.00 12 Raised Class (Non-Reflective) Type W Buttons Ea $ 3.00 13 Raised Class C (Non-Reflective) Type Y Buttons Ea $ 3.00 14 Barricades, Warning Signs Ea $300.00 15 Mobilization (Per Project) Ea $950.00 Agenda Information Sheet March 21, 2000 Page 2 PRINICPAL PLACE OF BUSINESS: ASC Pavement Markings, Inc. Grand Prairie, TX ESTIMATED SCHEDULE OF PROJECT: This is an annual contract and mobilization will be as required under the direction of the Traffic Engineering Division. FISCAL INFORMATION: Funding for this contract will be taken from the appropriate account for each individual project. Attachment 1: Tabulation Sheet 1355 AGENDA Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agem ATTACHMENT 1 TABULATION SHEET Item Description ASC 1 24" White Thermoplastic (Type I) Lf $ 4.50 2 6" White Thermoplastic (Type I ) Lf $ 2.00 3 9 ½' Straight Arrow Thermoplastic Ea $100.00 4 8' Curved Arrow Ea $125.00 5 12.75' Combination Arrow Ea $175.00 6 Raised CL B (Reflective) Type II CR Ea $ 4.00 7 Raised CL B (Reflective) Type-AA Ea $ 4.00 8 Raised CL B (Relective) Type I-C Ea $ 4.00 9 Remove raised Pavement Markings. Ea $ 1.00 10 Remove Hot Tape/Thermo Markings Lf $ 2.00 11 Raised Class A (Reflective) Type II A-A Buttons Lf $ 15.00 12 Raised Class (Non-Relective) Type W Buttons Ea $ 3.00 13 Raised Class C (Non-Reflective) Type Y Buttons Ea $ 3.00 14 Barricaids, Warning Signs Ea $300.00 15 Mobilization (Per Project) Ea $950.00 $ 5.00 $ 2.70 $ 120.00 $ 120.00 $ 200.00 $ 5.00 $ 5.00 $ 5.00 $ .88 $ 3.37 $ 17.00 $ 4.00 $ 4.00 $ 375.00 $1,250.00 ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF MISCELLANEOUS PAVEMENT MARKING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2473 - MISCELLANEOUS PAVEMENT MARKINGS AWARDED TO ASC PAVEMENT MARKINGS, INC., IN THE ESTIMATED AMOUNT OF $39,900). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2473 All ASC Pavement Markings, Inc. Exhibit "A" SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its paSsage and approval. PASSED AND APPROVED this __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2473 SUPPLY ORDINANCE- EXHIBIT "A" ITEM DESCRIPTION .. ASC PAVEMENT MARKINGS, INC. 1 2 3 4 5 6 7. 8 9 10 I1 12 13 14 15 24" White Thermoplastic (Type I) $ 4.50 6" White Thermoplastic (Type I ) $ 2.00 9 ½' Straight Arrow Thermoplastic $100.00 8' Curved Arrow $125.00 12.75' Combination Arrow $175.00 Raised CL B (Reflective) Type II CR $ 4.00 Raised CL B (Reflective) Type II-AA $ 4.00 Raised CL B (Reflective) Type I-C $ 4.00 Remove raised Pavement Markings $ 1.00 Remove Hot Tape/Thermo Markings $ 2.00 Raised Class A (Reflective) Type II A-A Buttons $ 15.00 Raised Class (Non-Reflective) Type W Buttons $ 3.00 Raised Class C (Non-Reflective) Type Y Buttons $ 3.00 Barricades, Warning Signs $300.00 Mobilization (Per Project) $950.00 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 21, 2000 Materials Management Agendaltem , ,~.~ Date ,.~ ?,~ ///90 Questions concerning this acquisition may be directed to Jim Coulter 349-7194 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT: An Ordinance accepting competitive bids and awarding as annual contract for the purchase of materials, supplies or services; providing for the expenditure of funds therefor; and providing an effective date (Bid 2479 - Wood Grinding for Compost Operation awarded to Thelin Recycling Co., in the estimated amount of $93,000). BID INFORMATION: This bid is for an annual contract to supply wood grinding services for the Dyno-Dirt Compost Operation. The contractor will move onsite as requested when approximately 20,000 cubic yard of brush, yard waste and clean construction lumber has been accumulated. The wood products are ground into small pieces and transported to the compost production area. This project was initially bid in January. The original request for bids did not accurately reflect the City's practice of accumulating 20,000 cubic yards per grinding activity, but instead listed 8,000 cubic yards accumulation per grinding activity. One of the bidders Austin Wood Recycling qualified their original bid to the 20,000 cubic yard accumulation while none of the other bidders did so. They were the low bidder, but since the bid was qualified they did not meet the original specifications. Because of this problem the decision was made to reject alt bids and to re- advertise. The City has the right to reject all bids. After re-advertising (Bid 2479) Austin Wood Recycling was not the low bidder, they have lodged a written protest, a copy of which is attached. The Legal Department has advised that the protest of Austin Wood Recycling has no merit due to the City's absolute right to reject all bids. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Thelin Recycling Co., in the amount of $1.24 per cubic yard. PRINICPAL PLACE OF BUSINESS: Thelin Recylcing Co. Ft. Worth, TX ESTIMATED SCHEDULE OF PROJECT: This is an annual contract for grinding services. We anticipate grinding four times per year as material is accumulated. Agenda Information Sheet March 21, 2000 Page 2 FISCAL INFORMATION: Funding for this service will come from Operating budget account (625-082-0474-8509). Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet Attachment 2: Protest Letter Austin Wood Recycling 1358 AGENDA ATTACHMENT 1 TABULATION SHEET Bid # 2479 Date: 3-2-00 WOOD GRINDING FOR COMPOST FACILITY Nol OtyI DESCRIPTION VENDOR VENDOR Principle Place of Business: Ft. Wo~h, TX Austin, TX All labor, equipment and materials necessa~ 75,000 for the grinding of brush, yard waste, clean $1.24 CU yd $1.34 cu yd cubic constm~ion lumber and other miscellaneous 1 yds wood products, Delive~ 14 Days 14 Days AUSTIN WOOD 3875 E. wHrrESTONE BLVD. LEANDER, TX. 78641 PH: 512-259-7430 FAX: 512-259-6482 ] Monday, 06 March, 2000 City of Denton Tom Shaw 901~B Texas Street Denton, TX 76201 RE: Official Letter of Pro!e_~t - Bid # 24S4 Dear Tom: Austin Wood Recycling would like to submit a letter of Official Protest in reference to wood gdnding at the City Landfill. On or about 12/29/99, the City of Denton's Purchasing Department issued an invitation to bid. Austin Wood Recycling submitted a response to that bid in a timely fashion following instruction as required. The bidders instructions item ~ indicates any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered. Austin Wood Recycling followed these instructions when it deviated from: The City will notify the successful bidders when approximately 8,000 cubic yards of matedal has accumulated. We changed the quantity to read: 20,000 cubic yards, a fact that was presently taking place. Austin Wood Recycling bid $1.38 per cubic yard, and our next lowest competitive bid was $1.70 per cubic yard. However, the City of Denton called that a major deviation and therefore called for a re-bid. On 1/28100, Austin Wood Recycling submitted a protest for the re-bid. On, or about, 2/3/00 Austin Wood Recycling received the City of Denton's reply and the request was denied. On, or about, ?J14/00, the City of Denton submitted bid invitation ~2479 with quantifies per site visit at 20,000 cubic yards. Now, our previous sealed bid or $1.38 per cubic yard vs. next bid of $1.70, was now public information and available to all. Bids were issued and the previous bidder that submitted a bid of $1.70 per cubic yard now issued a bid of $1.24 per cubic yard vs. our revised bid of $1.34 per cubic yard. The original bid of $1.38 on the estimated gdnding quantity of 75,000 cubic yards, represents a contract in the amount of $103,500.00 per year. To Austin Wood Recycling and the City of Denton, this is a substantial dollar contract worth reviewing and worth reconsidering. Our main points are this: Austin Wood Recycling followed instnJctions and initially stated our deviations in writing to what was actually happening in previous years. Also, during the re-bid our competitors now had an unfair advantage in the fact that they knew our previous bid price and could therefore use that information to their advantage, winning the contract on the second bid. Austin Wood Recycling request that we be awarded the contract at our original bid price of $1.38 per cubic yard. Please respond as soon as possible. President Austin Wood Recycling Cc: Herb Pouty; CityAttomey Mike Jez; City Manager Ed Snyder; Assistant City Attomey ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARD1NG AS ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2479 - WOOD GRINDING FOR COMPOST OPERATION AWARDED TO THELIN RECYCLING CO., IN THE ESTIMATED AMOUNT OF $93,000). WHEREAS, the City on January ~0~ _270_0 _s~l!c~ted, received-and_J~_b_u]ate~d competitive bids for the purchase ~f necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances (the "Prior Bid Procedures"); and WHEREAS, bids were received and opened on January, 25, 2000 for the Prior Bid Procedures; and WHEREAS, after the opening of the bids it became apparent that a bid specification requiring 8000 cubic yards per load did not accurately reflect the City's practice of 20,000 cubic . yards per load; and WHEREAS, due to this discovery a decision was made to reject all bids and re-advertise (the Bids Rejection"); and WHEREAS, the City has re-advertised, solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby ratifies and approves the Bids Rejection for the Prior Bid Procedure. SECTION 2. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,. are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2479 All Thelin Recycling Co. Exhibit "A" SECTION 3. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. Should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a fo, mai written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached, hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 5. By the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the mount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6 This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY' APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2479 SUPPLY ORDINANCE Page 2 EXHIBIT "A" Bid # 2479 WOOD GRINDING FOR COMPOST FACILITY No~ Qty. t DESCRIPTION .... VENDOR All labor, equipment and materials necessary 75,000 for the grinding of brash, yard waste, clean $1.24 cu yd cubic construction lumber and other miscellaneous 1 yds wood products. Delivery 14 Days AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 21, 2000 Materials Management A~enda No.~ Aoenda Item_. ~ ~' Questions ¢ono~ming this acquisition may b~ directed to Alex Pe~it 349-8595 Kathy DuBose, Fiscal and Municipal Service~2 SUBJECT: An Ordinance awarding a contract for the Lease of Desktop' PC's, Notebooks Software and Peripherals as awarded by the State of Texas General Services Commission, Department of Information Services (DIR); providing for the expenditure of funds therefor; and providing an effective date (Purchase Order 03628 to Dell Financial Services in the amount of $157,233 per 6 months for a total amount of $943,398 including 36 months lease financing). BID INFORMATION: In May of 1997 the City entered into a lease agreement with IBM for PC's, Notebooks, Software and Peripherals. The term was for 36 months with the understanding that at that time the PC's etc. would be returned to the supplier and new updated equipment would be ordered. The first Master Lease expires at the end of May 2000. The new proposed master lease is for a term of 36 months for 450 PC's, 50 notebooks, software and peripherals. Additional equipment will be added as existing computers reach the end of the 36-month lease term and as additional equipment is required. As additional PC's are added to this new lease, authorization will be requested from Council by change order to the master lease agreement. Access to the proposed master lease is through the State of Texas General Services Commission, Department of Information Resources Cooperative Purchasing Agreement. The lease was negotiated, and the purchase prices have been determined by the Department of Information Resources and meet all requirements of the State Procurement Laws. Dell Financial Services (DFS) is the selected supplier of desktop and notebook lease services for the State of Texas. Although DFS will lease other manufactures equipment, a recent thorough evaluation of PC's and notebooks undertaken by the City of Fort Worth determined Dell PC's and notebooks to be the superior products when compared to other Tier Two units (Compaq, Gateway, Dell and IBM). The purchase price offered by Dell Computers is less than current QISV catalogue prices. This master lease agreement is entered into between Dell Financial Services and the State of Texas acting by and through the Department of Infon~ation Resources (DIR) on behalf of state agencies, as defined in Section 2054.003 and Local Governments as defined in section 791.003, Government Code and meets all requirement of the State competitive bidding laws. This purchase order is for the first of six semi annual lease payments for 450 Dell Pentium III desktop PC's and 50 Dell Pentium III Notebooks with operating software and peripherals. Prices and lease rates are from the State of Texas Department of Info~snation Resources contract between the State of Texas and Dell Financial Services. Agenda InfomLation Sheet March 21, 2000 Page 2 RECOMMENDATION: We recommend purchase order 03628 to Dell Financial Services be approved in the amount of $157,233 for the first of six semi annual payments and that the master lease be approved in the amount of $943,398 (Subsequent purchase orders will be funded from appropriate fiscal year budgets). PRINICPAL PLACE OF BUSINESS: Dell Marketing, L.P. Round Rock, TX ESTIMATED SCHEDULE OF PROJECT: The 450 Desktop PC's and 50 Notebooks will be delivered the second week of April 2000. FISCAL INFORMATION: Purchase Order 03628 will be funded from 1999/2000 Operating budget account (770-044-0080- 8509). By funding this acquisition on a semi annual basis it will allow us to pay the lease at the first and middle of each fiscal year. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 03628 to Dell Financial Services Attachment 2: Purchase price quotation from Texas Department of Information Resources (DIR) Attachment 3: Lease Rate Quotation from Dell Financial Services t350.AGENDA ATTACHMENT 1 (iD o o o o o o o o o o o o o o o o o o o 02/29/00 13:06 FAX 512 475 4759 DEPT OF INFO RES ~002 ATTACHMENT 2 Texas Dcp_a.,-ti cnt of Information Resources Department of ~ormafion Resoure~ P.O. B~ 13564 A~T~ 78711 Phone 512~7~2003 F~ 512~7~759 ~ ~ 512~-3276 Quote to: Tom Sh-w CAlF of]De-__ton Plmu~i ~40) 349-'/100 No. COD22500 ~ F~x: ~940) $49-7502 pOf~ -- Qty Fstt Number Uescn~uon C~t Price 450 ~538 ~II~00~GXI10~e, 100~B,~lnt~,l $ 1,6~ $ ~1,790 3~-3~4 3.~.1.~ Hop~ ~20~10 W~ 9g 313~567 ~1~-2533 10~S59 ~e= P~ $ 310.3552 410.~09 ~-~; N~ ~ 2000, CD -- 900.15~ ~oudS~O P~ ~d ~r ~ S~e, tnm~ y'~ S 32~81 320; 145 ;4~1~ 13.6~ ~ ~ ~ve, 5~0~ i S $ quoted ~y: Jordan Hague @ Dell Quote#38442664 [:late To: Invoice To: Phone: FAX: Phone: FAX: EMAIL Address(Required for Notification of Receipt of Order) Note; ~ten using this QUOTE With Purchase 0rear p ease IOClUOe PO~, &hip ta, IrivoluK [u IMid ~Vll~t phone numbera, 02/29/00 13:06 FAX 512 475 4759 DEPT OF INFO RES ~003 Tcxo.~ Depm*ttnent of Tnfovmation Resources Stephan~e Cram - Contract Sp~dmlist Department of Information ResoUrces P.O. Box 1356~ A~tstin, Texas 78711 Pho',e 512-475,.,2003 Fax -~11-475-4759 Alt F~, Quote to: Tom Shaw City or Deaton Phune: _940) 349-7100 Fax: (940) 349-7302 DIR t'71'RT.~ po# DIll. Quote No. COD225OOb Extendcd 50 ~20~143 ~7500,~0LT, P~,~t~, ]5"XOA~ $ 2,943 $ 147,150' ~12-3906 gp~ l-r ~ I.O, W~% ~Jt $ 412~16~ BT~ ~l~ 5 q2~lO W~g ~ 4~0 g45~ 3~OM. lnllOO, PC ~ V~ 2.6 $ 412~5~o __ ~ O~ ~O ~ dom 31~06 ~,-:,~7500 ~op vt~o $ 311.1412 12g~ ~, 1 D~ 46~9052 ~ by H~.T-~m O~nw~r al2-7~ ~ 0~ ~ 2000, CD, ~ ~ ;2~0254 ~ ~ ~.m~ u~[o~ 5,0 for ~ QuotedBy: Jordan Hague (~ Dell Quote#38436333 Ship To: To; Phnne: I~A"~: Phone: FAX: EMAIL Address(R=quired for Notifloation of Receipt of Order) Note: Wl~ea using ~is QUO~ ~ Purch~e Order ~ In~ude ~, Ship ~, Invoice to and ~n~t ~one uum~ COO22500b MAR. 6.~000 ~:15PM M0.769 P.i×B ATTACHMENT 3 F~nanaial Serviaes Mamh 6, 2000 Tom Ghaw City of Denton VIA FACSIMILE; 940.-349-7:302 D~ar Tom: Thank you for ~hc opportunity m provide lease quotes for City oi'Dmton proposed aequiaition of Dell produm. Them are ma~y aolution-ofi~mtad suvi~ wa eon bring to City of Deamn Ihmugh a le~alag/finaneing grogram. The bendim of 'Total Coat of Ownership" and "Lower Lifeoyde Co~" as lt~ relate to tho overall leasing landscape ate important components in thc de~ision to leaac va. buy (either outright DllrCllaSe er leasettptlIr.,hase/, Dr, Il Finanelal $~vices woqld bc Imppy to provide you ,,vii the informatioo to fully undea'atsnd and incorporate "all" the ~mandal bmdita aaaodot,,a with teelmolo~ a~quiaitiona, espe~iall¥ re~.t,~'l to desktops, notebooks and serve~l. In the m~ntime, ~ Irotth below m'~ some o¢fl~e he~e6~ nf lesSlng with Dell Financial Serwcm: Fuli~ latep, ra~d Lease Proce~ine - b~t m you ~ qui~ ~o~ m yo~ I~ n~s ~ah ~ ~ ~ ~ ~ipmm~ up~a~ Comp~ave ~e ~ - We off~ hi~y ~p~d~ I~ n~ e~p~ m ~ ~u~ ~d ~ p~ I~mg ~ duc m o~ p~d~ PC qui~ O~S ia a~y ag~i~ ~ ~ l~. ~ ~ ~ m~tn~ ~som~, n~ omy today, but u yo~ ~ q ~S" On~i~p 8hegpinl - ~li Fin~d~ ~, ~ ~ ~fl~ Dell Compu~ ~d~ h~ so~ p~s, s~o~ ~ and ~oi~ ~a~e a ~ing so~ m your ~u~ ~m you ~ ~ gn~e ~1 to ~{! ~ D~ F~cial S~i~. Optional $~emgng Solomons - ~ ~ $~ ~i~ ~ ~ n~ of Go--mt o~t~ v~ ~m thc ~mm~al u~,~, but g~ ~d rotate ~uipm~t m pro~ for ~c efta ~ ~nolo~ pl~o~, ~d 1~ ~al ~. · Multi,¥cador Lease Pl'ogram - We will finm~ you~ oth~r v~:~doPa cqulpnua~t aian$ wiii~ Doll h°rdw~ra' Pmvidins for "one ~p ~' of WI ~tl Fin~oial 8~i~ i9 plms~ ~ pm~ ~e follo~g I~ ~os~. ~ ~ ~t a f~ of the opgons a~l~l= m you rh~.gh ~gR ~ms, If Fair .~$ n~ nnt adde~s~ h~n, pl~ I~ ~ lmflw ~d we ~11 w~ ~ yOU ~ ~Jl~ a We wo~d be ~py m discuss ~y ~fio ~m~ you m~ have ~ ~t~m d~elop a solufl~ m ~ your n~. Should you have ~y your int~t in ~11 Sincerely, Grog Ptnc, hback Doll Financial Se~vtc~s Dell Way P~a, Bm: $4° Round Roe. k I'X 7atil2 800-955~$$5 F~t $12-~-1~65 'nancial Services Structnre: Equipment Description: Approximate Unit Essentiality: Lease Structure: Lease Rate Factor: Lease Paymentsl End of Lease Options-* MUNICIPAL TRUE LEA~E PROPOSED SUMMARY O1~ TERMS AND CONDITIONS March 6, 2000 Dell l~inandaI Sarv~ms LP, aud/orits suc~essor~ and asdgna. City of Denton Master Agr~mmt and Soh~ulo(s) thereto by and Imw~a Lc~ser and La,see speoi~ing Doll F, quipracflt apecJfi~ ~o this pmpoaod trafl&~.~on (c. ID, paymant=, ~luipme~t, oosm, t~nn) which ar~ othcrw/ae mbject to the ~=,,.s an/conditions of the Mestar Agra-meaL Ddl PC's Quote # 38442664 (460 units) - $731,790.00 Quote # 38436333 (50 unlt~) - $147,160.00 Lessee shall wawant to L~ssor that the ~luipment is essential to Lessee's proper, eflinlent and economic eps, aGes, 24 and 36 month Trna FMV L.ea~e 24 month True ~ Lease 88mi Annum In Advents. pm~nents'. Harclwam Lease Pate Factor, 23889 Softcost Lease Rata I=aut~r: Annually In Advance Payments: Hardware Loa=e Rate Factor: .46T72 Sofccost Lease Pate Facton .54212 a6 month True FMV Lease Semi Annual In Advance Payments: Hardvwm Lpsse Rate Fautor: .176§9 Soft.at Lea~e ~ Faclar. Annually In &a~tance P~ymente; Hara~am Lease P. at~ FaCtor. $o~o~ Lease Pa~a Fau-'tan .37609 To calculam ga~nam~, Multipby klm Lease Kate l~a~tor I) Exc~-ie= a 9urchaso crpt~on for the Hquipmmt at thc th~ current ~air Mark~ Valuo of tim Equipment; ~. I~xtead ar ('.n~tlm,n the I ~.'t,~ nn n Fait Marke~ Valu~ l~mnwai Basi;: or 3) Retain all Equigment m Lessor at Lasseo's Onz Dall Way RR& 8ox 34, Rom~dR°ck ~X 78~82 MAR. 6o2000 ~: 1GPM Proposed Summ~, of Terms and couditfon8 M0.769 P.B/3 Net Le~se: Appropriation Coven~t: Documentation: Prnpnsal V~flditylAppr~v~tl~: TI~ Lease 9hall be a ne~ lease providing that l.~see ~all IPesr all ~xpc~ assocqal~l with t~m Equipmcnk includin§ those ~ to maintcnancc, ope~adan, insurnn~, taxce and third pretty claims. L~ss~ will pay Payments and ail other mnoun~s w~rbout set-ott; abe~emeut nr ~du~don for any reason whatsoever. ^~tionall.v, Lcs~c~ 91ud! declare and pay ~i s~l~ usc end personal ~spm'~ tax~ to the ~t~F~opd~e t~xing authmi~m. Thc r;.ak of loss on die E~quJpment is bomc sol~¥ by file [,egsee, T~ss~ 9hall be mclui~d namin~ Lessor az additional insm*ed; (ii) J*~ll-d9k" physieal dama~ insurance in a Lease ~hall c~nt~n an ~tt ~ ~1 m~ lc~lly ~hin i~ puw~' ~ u5~ ~ ~l~u~ ~a ~ whi~ thc Pa~ may ~ p~d~ ~ ~11 nec ~ve p~W ~ ~W in ~e ~li~2on of sh~l not ~h~ p~o~ by the ~i~c ~ ~o fiS~ p~od f~ W~ ~n~ w~e riOt ~o~ Duly executed Asmemmt an~ other ~p,-oprj~e doeumeuts, i~cludin§, opinions of c, ouns~ UCC fin~mc~g atatem~ta, audited ~-~q~is]. 8nd ~u~ Odlm do~'mnentation a5 is rceeonebly remus~ by Liner. Thle i~ a t~opmal end based, upon mez~cct condJdon~ es of ~ I, 2000end is aubje~! to ~nal c~edi~ ~-oval, review of the cconomiea of the transa~on, and. ~fion of mtlnl~11y ~hl~ ~lm~nn. ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE OF DESKTOP PC'S, NOTEBOOKS SOFTWARE AND PERIPHERALS AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, DEPARTMENT OF INFORMATION SERVICES (DIR); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 03628 TO DELL FINANCIAL SERVICES IN THE AMOUNT OF $157,233 PER 6 MONTH FOR A TOTAL AMOUNT OF $943,398 INCLUDING 36 MONTHS LEASE FINANCING). WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf' of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDOR AMOUNT 03628 Dell Financial Services $157,233 .SECTION II. That by the acceptance and approval of the above numbered items set forth- in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. SECTION III. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a foxmal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the t~enns, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified stuns contained in the City's purchase orders, and related documents herein approved and accepted. .SECTION IV. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved'purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION Vi That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 03628 -PO STATE.ORDINANCE-2000 D~IR-Dell Lease Agreement http://www.dir.state.tx.us/busops/service_contracts/dell_lease.htm State of Texas Dell Financial Services Master Lease Agreement IThe Department of Information Resources has a Master Lease Agreement with Dell Financial Services (DFS). Dell Financial Services is the leasing company for Dell Corporation. WHO CAN PARTICIPATE: All state agencies, institutions of higher education and local government entities may lease through the Master Lease Agreement, or purchase through DIR's contract with Dell Marketing, L. P. WHAT IS AVAILABLE: At DFS' option, it may offer non-Dell branded equipment through the Master Lease Agreement. Any equipment sold by Dell Marketing, L.P. is available for lease through the Master Lease Agreement. iSHOULD I LEASE OR PURCHASE: Before deciding whether to lease or purchase information technology = equipment, we recommend you read "Lease vs. Purchase, Guidelines for Lease vs. Purchase of Information iTechnolog es, pub shed by DIR in May, 1998. The pub icat on can be accessed at http://www.dir.state.tx.us/TIC/. DOCUMENTS: Please note that these documents are in .pdf format and will require the Adobe Acrobat Reader to view. This viewer is available free at http://www.adobe.com/orodindex/acrobat/readsteD.html. Master Lease Aqreement Amendment No. 1 dated April 15, 1999 Amendment No. 2 dated November 5, 1999 Amendment No. 3 dated January 28, 2000 True Lease Schedule, Certificate of Acceptance, Municipal Certificate and Incumbency Certificate DFS Casualty Value Schedule iPlease read each of the documents carefully and ask your legal counsel to provide advice on your rights and iresponsibilities under the Master Lease Agreement and the DFS True Lease Schedule. If you lease equipment ~ithrough DIR's Master Lease Agreement with DFS, you accept the terms and conditions of the Master Lease iAgreement, as well as the terms and conditions of the DFS True Lease Schedule, which will be signed by you [as lessee and DFS as Lessor. Although DIR is a party to the Master Lease Agreement, it is not a party to the DFS iTrue Lease Schedule. iHOW TO PARTICIPATE: If you are interested in leasing, please contact DIR (see contact information below) to [idiscuss the equipment you may want to lease. DIR will obtain a quote from the manufacturer and provide the iinformation to DFS for calculation of the lease rate factor to be charged as rent under the DFS True Lease iSchedule. The lease rate factor will include DFS' recovery of the cost of the equipment, its cost of funding and ioverhead, and DIR's administrative fee, which is presently 2% of the total lease amount. We will then forward the ;:ilease rate factor calculation to you for consideration. You may contact DIR or DFS with questions about the lease ;irate factor. If you lease through the Master Lease Agreement, you will execute a DFS True Lease Schedule. Upon ireceipt and acceptance of the equipment, you will also execute a Certificate of Acceptance. Under the terms of the iMaster Lease Agreement, you will issue to DFS a purchase order for the rent indicated on the DFS True Lease iSchedulo. 'CONTACT INFORMATION: DIR State Contract Administrator Dell Financial Services Contact Stephanie Cane David Lynn steDhanie.cano~dir.state.tx.us David Lynn~,us.dell.com (512) 475-2003, voice (817) 236-8269, voice (512) 475-4759, fax (817) 485-4344, fax Financial Services MASTER LEASE AGREEMENT This Master Lease Agreement dated and effective as of between Dell Financial Services L.P. with its principal office One Dell Way, SPI, Round Reck, Texas, 78682 (the "Lessor') and with its principal office at (the "Lessee"). 1. Definitions. TERMS AND CONDITIONS Asset(s). All of the personal property, including hardware, software or licensed products, services, and/or maintenance listed on any Schedule. When Asset(s) refers to software licensed to Lessee it shall be understood that said software shall continue to be owned by licensor as set forth in the applicable software license agreement. Commencement Date. The date(s) Lessee's obligation to pay Rent begins, which will be the delivery date for each Asset. Initial Schedule Term, The period initially agreed to constitute the lease period as set forth in the Schedule, Schedule Term. For each Schedule shall include the Initial Schedule Term and any Renewal Schedule Terms. Renewal Schedule Term. Any period subsequent to the Initia~ Schedule Term. Rent. The payment by Lessee to Lessor of money for the lease of the Asset(s) covered by the Schedule. Schedule. The document entitled "True Lease Schedule" specifying the Asset(s), Rent payments, casualty values, Lessor's costs and other information. 2. Schedules. Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, subject to the terms and conditions of this Master Lease Agreement, the Asset(s) described in each Schedule. Each Schedule constitutes a separately assignable agreement between the parties and incorporates in full the terms and conditions of this Master Lease Agreement. Term of Master Lease Agreement and Schedules. (a) The term of this Master Lease Agreement commences on the execution date hereof and continues until (i) the obligations of Lessee under every Schedule are fully discharged and (ii) either party provides thirty (30) days prior written notice of termination. (b) The initial Schedule Term for each Schedule shall be as set forth thereon. Until either party provides the other with prior written notice of termination, Renewal Schedule Terms of each Schedule shall extend automatically, at the Rent last in effect, for successive three-month terms beyond the expiration of the Initial Schedule Term. All such terminations are effective only (i) following written notice received not less than ninety (90) days prior to the end of the Schedule Term, (ii) on the last day of the Initiat Schedule Term or Renewal Schedule Term then in effect and (iii) with respect to not less than all Asset(s) under a Schedule. Notice of termination by Lessee may not be revoked without Lessor's consent. 4. Rent; Non-Abatement; Late Payments. (a) AS Rent for the Asset(s), Lessee shall pay Lessor the amounts on the due dates set forth in the Schedule. (b) Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Asset(s). Lessee acknowledges and agrees, except as expressly provided in Section 18 hereof, that its obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor's assigns, shall be absolute and unconditional in all events, and shall not be subject to any abatement, reduction set-off, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against Lessor, Lessor's assigns, the manufacturer, vendor, or maintainer of the Asset(s), or any person for any reason whatsoever. (c) On all amounts not paid by Lessee when due, late charges shall accrue at the rate of eighteen percent (18%) per annum (or the maximum rote allowable by law, if less) from the due dates thereof until received by Lessor. Late charges and attorney's fees necessary to recover Rent and other amounts owed hereunder are considered an integral part of this Master Lease Agreement. Selection; Inspection; Acceptance. (a) The Asset(s) are of a size, design, capacity and manufacture selected by Lessee in its sole judgment and not in reliance on the advice or representations of Lessor. Neither the manufacturer nor vendor is an agent of Lessor. No representation by the manufacturer or vendor shall in any way affect Lessee's duty to pay Rent and perform its other obligations hereunder. Each Schedule is intended to be a "finance lease" as defined in Article 2A of the Uniform Commercial Code. Lessor has acquired or will acquire the Equipment in connection with this Lease. Lessee acknowledges either (a) that Lessee has reviewed and approved any written purchase order, supply contra(;t or purchase agreement ("Supply Contract"), covering the Equipment purchased from the manufacturer or vendor thereof ("Vendor") for lease to Lessee; or (b) that Lessor has informed or advised Lessee, in writing, either previously or by this Lease of the following: (i) the identity of the Vendor; (ii) that the Lessee may have rights under the Supply Contract; and (iii) that the Lessee may contact the Vendor for a description of such rights that Lessee may have under the Supply Contract. Lessor shall not be liable for damages for any reason, for any act or omission of the Vendor. Lessor agrees, to the extent they are assignable, to assign to Lessee, without recourse to Lessor, any warranties provided to Lessor with respect to the Equipment. (b) Promptly upon delivery, Lessee will inspect the Asset(s), and, not later than 5 business days following the Commencement Date, Lessee will execute and DFSTLMLA 1097 I deliver either (il an Acceptance Certificate in the form of Exhibit A hereto for the Asset(s), or (ii) written notification of any defects in the Asset(s). If Lessee has not given notice within such time period, the Asset(s) shal~ be conclusively deemed accepted. 6. Warranties: Quiet Enjoyment and Disclaimer; Indemnity. (al Lessor warrants that, provided Lessee is not in default, Lessor will not interfere with Lessee's quiet use and enjoyment of the Asset(s). (b) EXCEPT FOR THE PROVISIONS OF 6(al ABOVE, WiTH REGARD TO THE ASSET(S), LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING W~THOUT LIMITATION: THOSE OF MERCHANTABILITY OR FITNESS FOR PURPOSE OR USE, OF CONDITION, PERFORMANCE, SUITABILITY OR DESIGN, OR CONFORMITY TO ANY LAW, RULE, REGULATION, AGREEMENT OR SPECIFICATION, OR OF INFRINGEMENT OF ANY PATENT, TRADE SECRET, TRADEMARK, COPYRIGHT OR OTHER INTANGIBLE PROPERTY RIGHT. Lessor shall have no liability to Lessee, nor any other party, nor shall Lessee abate payments, for any loss, claim or damage of any nature caused or alleged to be caused directly, indirectly, incidentally or consequentially by the Asset(s), any inadequacy thereof, deficiency or defect therein (whether known or knowable by Lessor), by any incident whatsoever arising in connection therewith, whether in strict liability or otherwise, or in any way related to or arising out of this Master Lease Agreement or any Schedule. (c) Except as may directly result from Lessor's gross negligence or willful misconduct, Lessee hereby indemnifies Lessor and its Assignee(s) against, and holds them harmless from, any and all claims, including court costs and attorney's fees, arising out of this Master Lease Agreement, any Schedule, or the Asset(s), including without limitation: the manufacture, selection, purchase, license, delivery, possession, use, operation, control, maintenance, infringement of any patent, trade secret, trademark, copyright or other intangible property right, or personal injury or death, arising in strict liability, breach of warranty or negligence. In addition, Lessee hereby indemnifies Lessor and its Assignee(s) for any loss or damages incurred (including without limitation, loss of anticipated yield). Lessee's obligations hereunder shall survive the expiration of the Master Lease Agreement and the Schedule(s}. 7. Installation; Use; Repair and Maintenance. (al Lessee shall provide a place of installation which conforms to the requirements of the manufacturer. (b) Subject to the terms hereof, Lessee shall be entitled to unlimited use of the Asset(s) except that in the case of software, the Asset(s) are subject to the parties rights under the applicable software license agreement. Lessee shall not use or permit the use of the Asset(s) for any purpose which, according to the specifications of the manufacturer, the Asset(s) are not designed or reasonably suited. Lessee shall use the Asset(s) in a careful and proper manner and shall comply with all of the manufacturer's instructions, governmental rules, regulations, requirements and laws, and all insurance requirements, if any, with regard to the use, operation or maintenance of the Asset(s). (c) Lessee shall be solely responsible for the delivery, installation, maintenance and repair of the Asset(s). During the Schedule Term, Lessee shall (il keep the Asset(s} in good repair, condition and working order; (ii) maintain in force a maintenance contract with the manufacturer or with another qualified service organization; and {iii) permit access to the Asset(s) for installation of engineering changes required to maintain the Asset(s) at the manufacturer's current engineering levels. 8. Ownership; Inspection, Relocation, Personal Property. (al The Asset(s) shall at all times be and remain the sole and exclusive property of Lessor, subject to the parties rights under any applicable software license agreement. Lessee shall have no right, title or interest in the Asset(s). (b) Lessor, its assigns or their agents shall be permitted free access at reasonable times to inspect the Asset(s). (c) Lessee sha~l at all times keep the Asset(s) within its exclusive possession and control. Upon Lessor's prior written consent, which shah not be unreasonably withheld, Lessee may move the Asset(s) to another location of Lessee within the continental United States, provided (il Lessee is not [n default on any Schedule, (ii) Lessee executes and causes to be filed at its expense such instruments as are necessary to preserve and perfect the interests of Lessor and its assigns in the Asset(s), (iii) Lessee pays all costs of, and provides adequate insurance during such movement and (iv) Lessee pays all costs otherwise associated with such relocation. (d) Lessee agrees that the Asset(s) shall be and remain personal property and shall not be so affixed to realty as to become a fixture or otherwise to lose its identity as the separate property of Lessor. Upon request, Lessee will enter into all agreements necessary to ensure that the Asset(s) remain the personal property of Lessor. g. Liens; Taxes. (al Lessee shall at its expense keep the Asset(s) free and clear of all levies, liens, and encumbrances, except those in favor of Lessor or its assigns; (b) Throughout the Schedule Term1 Lessee shall declare and pay all license fees, registration fees, assessments1 charges and taxes related to the Asset(s), excluding however, any taxes based or measured solely on Lessor's net income. Lessee may in good faith and by appropriate proceedings contest any such taxes so long as such proceedings do not involve any danger of sale, forfeiture or loss of the Asset(s) or any interest therein. In such event, Lessee agrees to indemnify Lessor and hoid it harmless from any damages, claims or charges which may result from Lessee's commencement of such proceedings. Lessee is hereby appointed attorney-in-fact of Lessor solely to declare, file and pay all of the aforementioned amounts when due and owing for any period assessed while Lessee is in possession of the Asset(s). 10. Risk of Loss. (al Commencing upon delivery and continuing throughout the Schedule Term, Lessee shall bear the entire risk of loss with respect to any Asset damage, destruction, loss, theft, or governmental taking, whether partial or complete, for any reason. No event of loss shall relieve Lessee of its obligation to pay Rent under any Schedule. (b) If any Asset is damaged, Lessee shall promptly notify Lessor and, at Lessee's expense, within 60 days of such damage1 cause to be made such repairs as (c) In the event any Asset is destroyed, damaged beyond repair, lost, stolen, or taken by governmental action for a stated period extending beyond the term of any Schedule (an 'Event Of Loss"), Lessee shall promptly notify Lessor and pay to Lessor, on the next Rent payment date following such Event of Loss, an amount equal to the Casualty Value for the Asset suffering the Event of Loss then in effect as set forth on the Schedule. After payment of such Casualty which suffered the Event of Loss shall cease. After receipt of such Casualty Value by Lessor or its assigns, Lessee shall be entitled to receive any DF~TLMLA 1097 2 (d) insurance or other recovery received by Lessor or its assigns in connection with such Ever~t of Loss, and the Asset(s) for which such Casualty Value was received shall be conveyed to Lessee AS iS, WHERE IS and free and clear of all liens and encumbrances created by or arising through Lessor, but otherwise WITHOUT FURTHER WARRANTY (EXPRESS OR IMPLIED) WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE OR USE. In the event of a governmental taking of an Asset for an indefinite period or for a stated period which does not extend beyond the Schedule Term, all obligations of the Lessee with respect to such Asset (including payment of Rent) shall continue. So long as Lessee is not in default hereunder, Lessor shall pay to Lessee all sums received by Lessor from the government by reason of such taking, Lessee at its expense shall maintain fire and extended coverage insurance against loss, theft, damage, or destruction of the Asset(s), in an amount not less than the Casualty Value of the Asset(s). Lessee shall further, at its expense, provide and maintain comprehensive public liability insurance in an amount of $1,000,000 per occurrence against claims for bodily injury, death and/or property damage arising out of the use, ownership, possession, operation or condition of the Asset(s), together such policy. Each policy of property damage insurance shall name Lessor and its assign(s) as loss payees and shall state that all claims thereunder shall be payable to such party(ies) irrespective of any breach of warranty or other act or omission of Lessee. Each insurance policy shall be with an insurance carrier licensed to provide the insurance required herein in the states where the Asset(s) are located. Lessee hereby appoints Lessor as Lessee's attorney*in-fact upon Lessee's failure to act promptly endorse all documents, checks, and drafts in connection with payments made as a result of such insurance policies. Lessee wilt not make adjustments with insurers except with Lessor's written consent. Lessee shall furnish to Lessor, upon request, certificates of insurance or other evidence satisfactory to Lessor that such insurance coverage is in effect or, if Lessor consents, that Lessee is self insured. Lessee's liability for loss under Section 10 shall not be diminished by any insurance payment less than the actual amount of the loss. 12. Surrender of Asset(s). (a) On the last day of the Schedule Term, Lessee shall return the Asset(s) to Lessor in good repair, condition and working order, ordinary wear and tear alone excepted, at the location specified by Lessor. Lessee shall arrange and pay for deinstallation and packing in accordance with the manufacturer's (b) If, on the last day of the Schedule Term Lessee shall fail to return to Lessor any Asset listed on the Schedule, Lessee shall be treated as a holdover tenant for all of the Asset(s) listed on the Schedule for a Renewal Schedule Term in accordance with Section 3(b) above and shall continue to pay Rent in the amount set forth in the Schedule for all Asset(s). This provision shall continue for periods beyond the first such renewal term. In no event may Lessee avoid the effect of this provision by returning less than all Asset(s) listed on any Schedule or by returning substitute assets unless Lessor, in its sole discretion, shall expressly agree in writing. (c) This Section shall not derogate from Lessor's right, to be exercised in its sole discretion, to obtain return of all Asset(s) on the last day of any Schedule Term, or to declare an Event of Default for any failure of Lessee to so return the Asset(s). 13. Representations and Warranties of Lessee, execution of the Master Lease Agreement and each Schedule: (a) Lessee is an entity organized and existing under and by virtue of the authorizing statute or constitutional provisions of its state and is a state or political subdivision under Internal Revenue Code Section 103(a}; (b) The Master Lease Agreement and each Schedule have been duly authorized, executed and delivered by Lessee and constitute valid, legal and binding (c) No approval, consent or withholding of objection is required from any federal or other governmental authority or instrumentality with respect to the entering into or performance by Lessee of this Master Lease Agreement or any Schedule; (d) The entering into and performance of the Master Lease Agreement or any Schedule will not violate any judgment, order, law or regulation applicable to Lessee or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon assets of the Lessee or on the Asset(s) pursuant to any instrument to which the Lessee is a party or by which it or its assets may be bound; (e) To the best of Lessee's knowledge and belief, there are no suits or proceedings pending or threatened against or affecting Lessee, which if determined and (f) The use of the Asset(s) is essential to Lessee's proper, efficient and economic operation, and Lessee will sign and provide to Lessor upon execution of each Schedule hereto written certification to that effect. 14. Default and Remedies. (a) The occurrence of any of the following events shall constitute an event of default ("Event of Defaug") under a Schedule: (i) nonpayment by Lessee of Rent or any other sum payable by its due date; (ii) failure by Lessee to perform or observe any other term, covenant or condition of this Master Lease Agreement, Lessee; (iv) Lessee's filing of any proceedings commencing bankruptcy or the filing of any involuntary petition against Lessee or the appointment of any receiver not dismissed within sixty (60} days from the date of said filing or appointment; (v) subject[on of a substantial part of Lessee's property or any part Asset(s) shall be untrue in any material respect; or (vii) a termination of any applicable software license agreement. DF~/TLM LA 1097 (b) Upon tho occurrence of an Event of Default and at any time thereafter Lessor may, in its sole discretion, do any one or more of the following: (i) By notice to Lessee, terminate any or all Schedules; (ii) Proceed by appropriate court action to enforce the performance of the terms of the Schedule and/or recover damages, including all of Lessor's economic loss for the breach thereof; (iii) Whether or not the Schedule is terminated, upon notice to Lessee, take possession of the Asset(s) wherever located, without demand, [iability, court order or other process of law, and for such purposes Lessee hereby authorizes Lessor, its assigns or the agents of either to enter upon the premises where such Asset(s) are located or cause Lessee, and Lessee hereby agrees, to return such Asset(s) to Lessor in accordance with the requirements of Section 12 hereof; (iv) By notice to Lessee, and to the extent permitted by law, declare immediately due and payable and recover from Lessee, as liquidated damages and not as a penalty, the sum of (a) the present value of the Rent owed from the earlier of the date of payment by Lessee or the date Lessor obtains a judgment against Lessee until the end of the Schedule Term plus, if the Assets are not returned to or repossessed by Lessor, the present value of the estimated in-place fair market value of the Assets at the end of the Schedule Term as determined by Lessor, each discounted at a rate of four percent (4%) per annum; (b) all Rent and other amounts due and payable on or before the earlier of the date of payment by Lessee or the date Lessor obtains a judgment against Lessee; and (c) costs, fees (including all attorneys' fees and court costs), expenses and (d) interest on (a) and (b) from the date of default at I 1/2% per month or portion thereof (or the highest rate allowable by law, if less) and, on (c) from the date Lessor incurs such fees, costs or expenses. (c) Upon return or repossession of the Asset(s), Lessor may, if it so decides in its sole discretion, use reasonable efforts to sell, re-lease or otherwise dispose of such Asset(s), in such manner and upon such terms as Lessor may determine in its sole discretion (the amount, if any, which Lessor certifies it obtained through remarketing shall be conclusively presumed to be the Asset(s) fair market vatue), with or without notice to Lessee, which notice Lessee hereby waives, Lessee waives any rights now or hereafter conferred by statute or otherwise which may require Lessor to sell, license or otherwise use any of the Assets in mitigation of Lessor's damages or which may otherwise limit or modify any of Lessor's rights or remedies. Upon disposition of the Asset(s), Lessor shall credit the Net Proceeds (as defined below) to the damages paid or payable by Lessee. Proceeds upon sale of the Asset(s) shall be the sale price paid to Lessor less the Casualty Value in effect as of the date of default. Proceeds upon a re-lease of the Asset(s) shall be all rents to be received for a term not to exceed the remaining Schedule Term, discounted to present value as of the commencement date of the re-lease at the Lessor's current applicable debt rate. "Net Proceeds" shall be the Proceeds of sale or re-lease as determined above, less all costs and expenses incurred by Lessor in the recovery, storage and repair of the Asset(s), in the remarkefing or disposition thereof, or otherwise as a result of Lessee's default, including any court costs and attorney's fees and interest on the foregoing at eighteen percent (18%) per annum or the highest rate allowable by law, if less, calculated from the dates such costs and expenses were incurred until received by Lessor. Lessee shall remain liable for the amount by which all sums, including liquidated damages, due from Lessee exceed the Net Proceeds. Net Proceeds in excess thereof are the property of and shall be retained by Lessor. (d) No termination, repossession or other act by Lessor in the exercise of its rights and remedies upon an Event of Default shall relieve Lessee from any of its obligations hereunder. No remedy referred to in this Section is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise availabte to Lessor at law or in equity. 15, Effect of Waiver; Substitute Performance by Lessor, (a) No delay or omission to exercise any right or remedy accruing to Lessor upon any breach or defaufi of Lessee shall impair any such right or remedy or be construed to be a waiver of any such breach or default, nor shall any waiver of any single breach or default be construed to waive or impair Lessor's rights and remedies with respect to any breach or default theretofore or thereafter occurring, Any waiver, permit, consent or approval on the part of Lessor of any breach or default under this Schedule, or of any provision or condition hereof, must be in wr[fing and shall be effective only to the extent such writing specifically sets forth. (b) Should Lessee fail to make any payment or do any act as herein provided, Lessor shall have the right, but not the obligation, and without releasing Lessee from any obligation hereunder, to make or do the same. All sums so incurred or expended by Lessor shall be immediately due and payable by Lessee and shah bear interest at eighteen percent (18%) per annum or the highest rate allowable by law, if less, calculated from the date incurred until received by Lessor. 16. Assignment by Lessor; Assignment or Sublease by Lessee. (a) Lessor may (i) assign ail or a portion of Lessor's right, title and interest in this Master Lease Agreement and/or any Schedule; (Ii) grant a security interest in the right, title and interest of Lessor in the Master Lease Agreement, any Schedule and/or any Asset(s); and/or (iii) sell or transfer its title and interest as owner of the Asset(s) and/or as Lessor under any Schedule; and Lessee further understands and agrees that Lessor's assigns may each do the same (hereunder collectively "Assignment"). All such Assignments shag be subject to Lessee's rights under the assigned Schedule. Lessee hereby consents to such Assignments, agrees to comply fully with the terms thereof, and agrees to execute and deliver promptly such acknowledgments, opinions of counsel and other instruments reasonably requested to effect such Assignment. Lessee acknowledges that the assigns do not assume Lessor's obligations hereunder and agrees to make all payments owed to the assigns without abatement and not to assert against the assigns any claim, defense, setoff or counterclaim which the Lessee may possess against the Lessor or any other party for any reason. Lessor and Lessee acknowledge and agree that no Assignment shall be deemed to materially change Lessee's duties or obligations nor materially increase the burdens or risks imposed upon Lessee. Upon any such Assignment, all references to Lessor shag also include all such assigns, whether specific reference thereto is otherwise made herein. (b) Without the prior written consent of Lessor, Lessee shall not assign, sublease, transfer, pledge or hypothecate the Master Lease Agreement, any Schedule, the Asset(s), any part thereof, or any Interest in the foregoing. 17. Delivery of Related Documents, For each Schedule, Lessee will provide the following documents and information satisfactory to Lessor: (a) Certificate of Acceptance; (b) Opinion of Counsel; (c) Certificate of insurance; (d) Financial Statements; (e) incumbency Certificate; and (f) Other documents as reasonably required by Lessor. 18. Appropriation of Funds. Lessee intends to continue each Schedule for the Schedule Term and to pay the Rent and other amounts due thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to pay all Rent during the Schedule Term can be obtained. Lessee further intends to do all things lawfully within its power to obtain and maintain funds from which the Rent may be paid. Notwithstanding the foregoing, in the event sufficient funds are not appropriated to continue the Schedule Term for any Fiscal Period (as set forth on the Schedule) of Lessee beyond the Fiscal Period first in effect at the commencement of the Schedule Term, Lessee may terminate the Schedule with regard to not less than all of the Asset(s) on the Schedule so affected, provided Lessee provides Lessor written notice sixty (60) days prior to the end of its applies will cease, all interests of Lessee in the Asset(s) will terminate and Lessee shall surrender the Asset(s) in accordance with Section 12 hereof. Notwithstanding the foregoing, Lessee agrees (i) not to terminate a Schedule under this provision if any funds are appropriated to it for the Fiscal Period in question for the acquisition (by purchase, ;ease, or otherwise) of functionally similar asset(s) or asset(s) performing similar applications and procedures; (ii) without creating a pledge, lien or encumbrance upon funds available to Lessee in other than its current Fiscal Period, that it will use its best efforts to obtain appropriation of funds to avoid termination of the Schedule by taking all appropriate action including the inclusion in Lassoers budget request for each Fiscal Period during the Schedule Term hereof a request for adequate funds to meet its obligations and to continue the Schedule in force; (iii) that it wgl not give priority or parity in the application of funds to any other functionally similar equipment for use by the Lessee; and, (iv) that if the Schedule is terminated pursuant to Section 18, Lessee will not in the then current or succeeding Fiscal Period purchase, lease or rent asset(s) performing functions similar to those performed by the Asset(s), and agrees not to permit functions similar to those performed through the use of the Asset(s) to be performed by its own employees or by any agent or entity affiliated with or hired by Lessee. Lessee represents and warrants it has adequate funds to meet its obligations during the first Fiscal Period of the Schedule Term. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rent hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee In contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general revenues, funds or monies of Lessee beyond the Fiscal Period for which sufficient funds have been appropriated to pay Rent hereunder. 19. Miscellaneous. ia) Notices shall be conclusively deemed to have been received by a party hereto on the day it is delivered to such party at the address given above (or at such other address as such party shall specify to the other party in writing) or, if sent by certified mail, on the third business day after the day on which mailed, addressed to such party at such address. (b) Applicable Law/Disputes. The Master Lease Agreement and each Schedule SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE . In the event of a dispute between the parties suit may be brought In the federal Or state courts of , or the state where Lessee has its principal office or where the Asset(s) are located. (c) Counterparts. Only original c~unterparf No. I of each Schedule shall be deemed to be an "Original" for chattel paper purposes under the Uniform Commercial Code. Any and all other counterparts shall be deemed to be a 'Copy'. NO SECURITY INTEREST IN THIS MASTER LEASE AGREEMENT, iN ANY OF THE SCHEDULE(S}. OR iN ANY OF THE ASSETS MAY BE CREATED. TRANSFERRED, ASSIGNED OR PERFECTED BY THE TRANSFER AND POSSESSION OF THIS MASTER LEASE AGREEMENT ALONE OR OF ANY "COPY" OF THE SCHEDULE, BUT RATHER SOLELY BY THE TRANSFER AND POSSESSION OF THE "ORIGINAL' COUNTERPART OF THE SCHEDULE INCORPORATING THIS MASTER LEASE AGREEMENT BY REFERENCE. id) Suspension of Obligations of Lessor. Prior to delivery of any Asset. the obligations of Lessor hereunder shall be suspended to the extent that it is hindered or prevented from performing because of causes beyond its control. (e) Severability. In the event any provision of the Master Lease Agreement or any Schedule shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the parties hereto agree that such provision shall be ineffective without invalidating the remaining provisions thereof. if) Entire Agreement. Lessor and Lessee acknowledge that there are no agreements or understandings, written or oral, between them with respect to the Asset(s), other than as set forth in this Master Lease Agreement and in each Schedule and that this Master Lease Agreement and each Schedule contain the entire agreement between Lessor and Lessee. Neither this Master Lease Agreement nor any Schedule may be altered, modified, terminated, or discharged except by a writing signed by the party against whom enforcement of such action is sought. Lessor's Initials Lessee's Initials 20. Lessee's Waivers. To the extent permitted by applicable law, Lessee hereby waives any and all rights and remedies conferred upon Lessee by the Uniform Commercial Code or other applicable law, including without limitation, Lessee's rights to ii) subject to Paragraph 18 above, cancet this Lease; (ii) repudiate this Lease; (iii) reject the Assets; (iv) revoke acceptance of the Assets; iv) recover damages from Lessor for any breach of warranty or for any other reason; (vi) claim a security interest in the Assets in Lessee's possession or control for any reason; (vii) deduct all or any part of any claimed damages resulting from Lessor's default, if any, under this lease; (viii) accept partial delivery of the Equipment; (ix) "cover' by making any purchase or lease of or contract to purchase or lease equipment in substitution for the Assets due from Lessor; ix) recover any special, general, incidental or consequential damages, for any reason whatsoever, and (xi) specific performance, replevin, detinue, sequestration, claim and delivery, or the like, for any Equipment identified in this Lease. To the extent permitted by applicable law, Lessee also waives any rights now or later conferred by law which may require Lessor to sell, lease or otherwise dispose of the Assets in mitigation of Lessor's damages as set forth in Paragraph 14 or which may otherwise limit or modify any of Lessor's rights or remedies under Paragraph 14. Any action by Lessee against Lessor for any defaug under this Lease, including breach of warranty or indemnity, if any, shall be commenced within one (1} year after any such cause of action arose. 21. UCC Filings. Lessor and Lessee agree that a reproduction of this Lease may be filed as a financing statement and shall be sufficient as a financing statement under the Uniform Commercial Code. Lessee irrevocably appoints Lessor, its officers and employees, as Lessee's attorney-in-fact, with full power in Lessor's or Lessee's name to execute and file all such financing statements and other documents as Lessor deems necessary or advisable hereunder. Lessee shall execute or obtain and deliver to Lessor, upon Lessor's request, such instruments, financing statements and assurances, as Lessor deems necessary or advisable for the protection or perfection of this Lease and Lessor's rights hereunder and w[l~ pay all costs incident thereto. IN WITNESS WHEREOF, Lessor and Lessee have caused this Master Lease Agreement to be executed by their duly authorized representatives. LESSOR: Dell Financial Services L,P. LESSEE: BY: BY: PRINTED NAME: PRINTED NAME: TITLE: TITLE: DATE: DATE: AMENDMENT NO. 1 DATED APRIL 15, 1999 TO THE MASTER LEASE AGREEMENT DATED APRIL 15, 1999 BETWEEN THE STATE OF TEXAS, ACTING BY AND THROUGH THE DEPARTMENT OF INFORMATION RESOURCES AND DELL FINANCIAL SERVICES L.P. This Amendment is made part of and modifies the Master Lease Agreement (the "Agreement") between the State of Texas, acting by and through the Departtnent of Information Resources ("Lessee") and Dell Financial Services L.P. ("Lessor"). Terms otherwise not defined herein shall have the meaning ascribed to them in the Agreement. To the extent of any conflict or inconsistency between this Amendment and the terms and conditions of the Agreement, this Amendment will prevail. The following Sections of the Agreement are hereby modified: 1. First paragraph of agreement Substitute the following paragraph for the first paragraph of the Agreement: "This Master Lease Agreement, dated and effective as of April 15, 1999 is entered into between Dell Financial Services L.P., with its principal office at One Dell Way, SP1, Round Rock, Texas, 78682 (the "Lessor") and the State of Texas, acting by and through the Department of Information Resources, ("DIR") with its principal office at 300 ~Wes~ 15~ Street, Suite 1300, Austin, Texas 78701, on behalf of state agencies as defined in Section 2054.003, Government Code (including institutions of higher education as defined in Texas Education Code, Section 61.003) and local governments as defmedin Section 791.003, Government Code." 2. Section 1 Definitions Add the following definition: "Lessee. State agencies as defined in Section 2054.003, Government Code (including institutions of higher education as defined in Texas Education Code, Section 61.003, but, excluding Texas school districts) and local governments as defined in Section 791.003 that lease Asset(s) under this Master Lease Agreement." ]h~ the definition of Commencement Date, atthe end of the sentence, append the following "under each schedule." 3. Section 2, Schedules In the second sentence after "agreement between the parties" insert "executing in each Schedule and". At the end of the paragraph, append the following sentence '"Unless DIR leases Asset(s) for its own use, DiR is not a party to the Schedules executed under this Master Lease Agreement and is not responsible for Rents, payments or other obligations under such Schedule(s)." 4. Section 4. Rent; Non-Abatement; Late Payments Change the title of the Section to the lbllowing "Administration of Master Lease Agreement; Rent; Non,Abatement; Payment by Lessor to DIR of Administrative Fee; Late Payments; Lessor to Make Potential Lessees Aware of Master Lease Agreement". C:\W1NDOWS\TEMP~TX DIR AMENDMENT 2.doc ERIC_FRANCOIS Created by Insert the following four Sections as 4(a), (b), (c) and (d), to the beginning of the Section: "(a) Each potential Lessee will submit its request to lease Asset(s) to DIR. For requests involving the leasing of Dell Marketing, L.P. hardware, DIR will forward the request to Dell Marketing, L.P. for a hardware price quotation. Upon receipt of the hardware price quotation, DIR will add a two percent (2%) fee to cover its cost of negotiating and administering the Master Lease Agreement. DIR will then submit the price to Lessor for calculationof the Lease Rate Factor, which shall include the two percent (2%) administrative fee for DIR. Lessor will prepare the Schedule(s), provide them to DIR, and DIR ~vill submit the Schedule(s) to the potential Lessee." "(b) When incident to a lease of Der. brandedAsset(s)s and solely at the discretion of Lessor, Asset(s) may also be leased from Lessor that are not manufactured by the parent or an affiliate of Lessor. In such cases, rather than DIR submitthag the potential Lessee's request to DELL Marketing, L.P., DIR would obtain the price quotation from the manufacturer or reseller, add DIR's two percent (2%) administrative fee to the quotation, and submit the quotation to the Lessor for calculation of the Lease Rate Factor, which shall include DIR's two percent (2%) administrative fee. Lessor shall prepare the Schedule(s), provide them to DIK and DIK wilI submit the Schedule(s) to the potential Lessee. With respect to non-Lessor affiliated Asset(s), DIR will arrange for the manufacturer to deliver the Asset(s) to the Lessee and for the manufacturer or reseller to bill Lessor for the cost of the Asset(s), excluding DIR's two (2%) administrative f~e. In connection with such a purchase, DIR will endeavor to ensure that Lessoris g/yen the benefit of pricing, payment or other favorable terms that would be provided to DIR by the manufacturer or reseller if DIR were to acquire the Asset(s) directly. Lessor shall be responsible for the payment to the manufacturer or reseller and for the recovery of that amounT, and the two percent (2%) fee for DIR, from Lessee Under the applicable Schedule(s). "(c) Lessee will issue a purchase order in the amount indicated on the Schedule(s) to Lessor ibr the Asset(s). Any pre-printed terms and conditions on the purchase order submitted by the Lessee shall not be effective with respect to the lease of Assets hereunder. Rather, the terms and conditions of this Master Lease Agreement and applicable Schedule(s) shall control in all respects." "(d) Within five (5) days of execution of a Schedule between Lessor and Lessee, Lessor shall provide DIR a copy of the executed Schedule. DIR shall provide an invoice to Lessor for two percent (2%) of the full mount of Rent due under the Schedule. Immediately after the Asset(s) are received by Lessee and the lease is booked by Lessor, Lessor shall pay DIR the two percent (2%) administrative fee. The parties agree such payment shall generally be made within thirty days of the date DIR's invoice ~s received by Lessor." Section 4, (a) Rent Renumber Sectiou as 4 (e) Section 4, (b) Non-abatement Renumber the Section as 4 (f) Section 4, (c) Late Payments Renumber the Section as Section 4 (g) In the first sentence replace wording "eighteen percent (18%)" with "twelve percent (12%)" C:\WINDOWS~TEMP\TX DIR AMENDMENT 2.do~ ERIC_FRANCOIS In the second sentence after "Rent and other amounts owed" insert "by Lessee". Insert new Section 4 (h) "If Lessor is contacted by, or contacts, a Texas.state agency, institution of higher education or unit of local government concerning leasing Asset(s), Lessor shall make a good faith effort to make the entity aware of the ability to lease the Asset(s) through this Master Lease Agreement. Provided, however, nothing herein shall require Lessor to use this Agreement exclusively with Lessees. Further, this Agreement shall not constitute a requirements contract and Lessor shall not be obligated to enter into any Schedule for the lease of Asset(s)with any Lessee." Insert new Section 4 (i) "DIR may change the amount of its administrative fee, either upward or downward, during the tetzn of the Master Lease Agreement by written notification to Lessor. However, Lessor's approval is required if DIR's administrative fee exceeds 4 percent (4%). Beibre Lessor shall consent to an increase greater than 4%, DIR must provide to Lessor's satisfaction, evidence of its authority To charge and collect such administrative fee. Once a Schedule is presented to a Lessee containing an administrative fee, however, the administrative fee shall not be changed upward or downward with respect to.the lease of Asset(s) under that Schedule." 5. Section 5, (b) Acceptance In the first sentence after "and, not later than" replace "5" with "10". 6. Section 6, (e) Indemniw Restate subsection (c) as follows: "Without waiving the doctrines of sovereign immunity and intmunity from suit, mad to the exteatt allowed by the laws and Constitution of the State of Texas, Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to any Asset(s) and for injury to or death of any person, or damage to any property, whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such property damage be to Lessee~s property or the property of others, which is proximately caused by the negligent conduct of Lessee, its officers or employees." 7. Section 8, (c) Person,~ Property After the second sentence append the following "Notwithstanding the foregoing, Lessee may move the Asset(s) to another location within Texas without notification to, or the consent of, Lessor. Provided, however that not later than December 31 of each year, Lessee shall provide Lessor a written report detailing the total number of Products at each location of Lessee as of that date, and the complete address for each location. Lessor shall make all filings and returns for property taxes due with respect m the Products, and Lessee agrees that it shall not make or file any property tax returns, including informational returns, with respect to the Products." 8. Section 9, (b) Taxes Delete Section in its entirety. C:\WINDOWS\TEM PSTX DIR AMENDMENT 2.doc EI[IC_FRANCOIS Created by 9. Section 10, (b) Risk of Loss At the end of the sentence append the following ", reasonable wear and tear ~s excepted." 10. Section 11, Insurance Append the following to the end of the current Section 11: "Lessees that are defined as state agenmes in accordance with Section 2054.003 Government Code (/ncluding institutions of higher education as defined in Texas Education Code, Section 61.003) may self-insure their obligatiOns in this section". 11. Section 12, (a) Surrender of Assets Restate the Section as lbllows: "On the last day of the Schedule Term, Lessee shall return the Asset(s) to Lessor in good repair, condition and working order, ordinary wear and tear alone excepted, at the location specified by Lessor, provided~ however, such location shall be within the United States and no farther than 500 miles from the original shipment location. Lessee shall arrange and pay for deinstallation and packing in accordance with the manufacturer's specifications, and for the cost of transporting the Asset(s) by ground, within the United States, no more than 500 miles from the originaI shipment location, and for insured transportation if applicable, such insurance coverage ff applicable, to be not less than the Asset(s) CasualW Value last in effect. Lessee shall, at its expense, cause each Asset robe repaired as necessaD, to conform to the foregoing return conditions." 12. Sectlon ~3, Representations and Warranties of Lessee In the first sentence after' "' .... Agreement and each Schedule ~nsert between Lessor and Lessee . Section 13, (a) Strike Section 13 (a) and replace with the following "Lessee is either a State agency as defined in Section 2054.003, Government Code (including institutions of higher education as defined in Texas Education Code, Section 61.003) or a local government as defined in Section 791.003, Government Code;" Section t3, (b) Strike Section 13 lb) and replace with the following "Each Schedule executed by Lessee has been duly authorized, executed and delivered by Lessee and constitutes a valid, legal and binding agreement of Lessee, enforceable in accordance with its terms;" Section 13 (c) After "perfbrmance by Lessee" insert "of any Schedule between Lessee and Lessor;". Section 13 (d) After "entering into and performance of' insert "any Schedule between Lessee or Lessor". At~ter "Lessee or on the Asset(s)" insert "leased under any Schedule between Lessor and Lessee". Section 13 (e) C:\W [NDOWS~TE~MPYrX DIR AMENDMENT 2.doe ERIC_FRANCOIS Createdby After "Lease Agreement or any Schedule" insert "between Lessor and Lessee". Section 13 (f} After "upon execution of each" insert"Schedule between Lessor and Lessee". 13. Insert new Section 14, Representation and Warranties of DIR DIR represents and warrants for the benefit of Lessor and its assigns, and DIR wilt provide an opinion of counsel to the effect that, as of the t/me of execution of the Master Lease Agreement: (a) DIR is a State agency as defined in Section 2054.003, Government Code; (b) The Master Lease Agreement has been duly authorized, executed and delivered by DIR and constitutes a valid, legal and binding agreement of DIR, enforceable in accordance with its terms; (c) No approval, consent or withholding of objection is required from any federal or other governmental authority or governmental authority or instrumentality with respect to the entering into or pertbrmance by DIR of this Master Lease Agreement; (d) The entering into~ and performance of the Master Lease Agreement does not violate any judgment, order, law. or regulation applicable toDIR or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon assets of DR or on the Asset(s) pursuant to any instrument to which DIR is a party or by which it or its assets may be bound; and (e) To the best of DIR's knowledge and belief, there are no suits or proceedings pending or threatened against or affecting DIR, which if determined adversely to DIR will have a material adverse effect on the ability of DIR to fulfill its obligations under the Master Lease Agreement. (f) DIR is authorized to charge and collect the administrative fee set forth herein; and, (g) Lessor's payment of the administrative fee to DIR shall not constitute an illegal gratuity or otherwise violate Texas law. 14. Insert new Section 15, Representations and Warranties of Lessor: (a) Lessor is an entity authorized and validly existing under the laws of its state of organization, is authorized to do business in Texas, and is not in default as to taxes owed to the State of Texas and any of/ts political subdivisions; (b) The Master Lease Agreement and each Schedule have been duly authorized, executed and delivered by Lessor and constitute valid, legal and binding agreements of Lessor, enforceable in accordance with their terms; (c) No approval, consent or withholding of objection is required from any f~deral or other governmental authority or instrumentality with respect to the entering into or performance by Lessor of this Master Lease Agreement or any Schedule; (d) The entering into and performance of the Master Lease Agreement or any Schedule will not violate any judgment, order, law or regulation applicable to Lessor or result in any breach of, or constitme a default under, or result in the creation of any lien, charge, security interest or other C:\WINDOWS~TEMP\TX Dill. A MENDMI~NT 2.doe 5 Created by ERIC FRANCOIS encumbrance upon assets of the Lessor, including Asset(s) leased under the Master Lease Agreement and Schedules thereto, pursuant to any instrument to which the Lessor is a party or by which it or its assets may be bound; and (e) To the best of Lessor's knowledge and belief, there are no suits or proceedings pending or threatened against or affecting Lessor, which if determined adversely to Lessor will have a material adverse effect on the ability of Lessor to fulfill its obligations under the Master Lease Agreement or any Schedule. 15. Section I4, Default and Remedies Renumber Section as 16 Section 14 (b) Restate the second sentence (i) as "By notice to the defaulting Lessee, terminate any or all Schedules executed by Lessor and the defaulting Lessee;". Section 14 (c) Restate the first sentence as "Upon return or repossession of the Asset(s), Lessor may, if it so decides in its sole discretion, upon notice to Lessee, use reasonable efforts to sell, re-lease or otherwise dispose of such Asset(s), in such manner and upon such terms as Lessor may determine in its sole discretion, so longas such manner and terms are commercially reasonable. Delete the second sentence. Insert new paragraph (e) as follows 'Neither DIR nor nondefaulting Lessees shall be deemed in default under the Master Lease Agreement or Schedules because of the default cfa particular Lessee. Lessor's remedies under this Section 14 shall not extend to DIR and nondefanlting Lessees." 16. Section 15, Effect of Waiver; Substitute Performance by Lessor Renumber as Section 17. 17. Section 16, Assignment by Lessor; Assignment or Sublease by Lessee Renumber as Section 18. Restate paragraph as follows "Lessor may (i) assign alt or a portion of Lessor's right, title and interest tn this Master Lease Agreement and/or any Schedule; (ii) grant a security interest in rite right, title and interest of Lessor in the Master Lease Agreement, any Schedule and/or any Asset(s); and/or (iii) sell or transfer its title and interest as owner of the Asset(s) and/or as Lessor under any Schedule; and DIR and each Lessee leasing Asset(s) under the Master Lease Agreement understand and agree that Lessor's assigns may each do the same (hereunder collectively "Assignment."). All such Assignments shall be subject to each Lessee's rights under the Schedule(s) executed between it and Lessor and to DIR's rights under the Master Lease Agreemeut. Each Lessee leasing Asset(s) through Schedules under this Master .Lease Agreement and DIR hereby consent to such Assignments and agree to execute and deliver promptly such acknowledgments, opinions of counsel and other instruments reasonably requested to effect such Assignment. Each Lessee leasing Asset(s) through Schedule(s) under this Master Lease Agreement and DIR acknowledge that the assigns do not assume C:~DA'rA\WORDS~TX DIP, AIVlENDMENT. do~ 6 Cmat~ by ERIC_FRANCOIS Lessor's obligations hereunder and agree to make all payments owed to the assigns without abatement and not to assert against the assigns any claim, defense, setoff or counterclaim which DIR or the Lessee(s) may possess against the Lessor or any other party for any other reason. Lessor shall remain liable for performance under the Master Lease Agreement and any Schedule(s) executed hereunder to the extent Lessor's assigns do not perform Lessor's obligations under the Master Lease Agreement and Schedule(s) executed hereunder. Upon any such Assignment, all references to Lessor shall also include all such assigns, whether specific reference thereto is otherwise made herein." Section 16, (b) Sublease by Lessee Append the lbllowing sentence to the end of the paragraph "Without the prior written consent of Lessor, DIR shall not assign, sublease, transfer, pledge or hypothecate the Master Lease Agreement." 18. Section 17, Delivery of Related Schedules Renumber as Section 19. Replace "(c) certificate of~nsurance with yroofof self~nsurance acceptable to Lessor". 19. Section 18, Appropriation of Funds Renumber as Section 20. Restate the paragraph as follows "Lessee intends to continue each Schedule to which it is a party for the Schedule Term and to pay the Rent and other amounts due thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to pay all Rent during the Schedule Term can be obtained. Lessee further intends to act in good faith to do those things reasonably and lawfhlly within its power to obtain and maintain funds from which the Rent may be paid. NoV,vithstanding the foregoing, m the event sufficient funds are not appropriated to continue the Schedule Term for any Fiscal Period (as set forth on the Schedule) of Lessee beyond the Fiscal Period first in effect at the commencement of the Schedule Term. Lessee may terminate the Schedule with regard to not less than all of the Asset(s) on the Schedule so affected, Lessee shall endeavor to provide Lessor written notice sixty (60) days prior to the end of its current Fiscal Period confirming the Schedule will be so terminated. All obligations of Lessee to pay Rent due after the end of the Fiscal Period for which such temaination applies will cease, all interests of Lessee in the Asset(s) will terminate and Lessee shall surrender the Asset(s) in accordance with Section 12 hereof. Notwithstanding 'the foregoing, Lessee agrees, without creating a pledge, lien or encumbrance upon funds available to Lessee in other than its current Fiscal Period, that it will use reasonable efforts to obtain appropriation of funds to avoid termination of the Schedule 5y talcing reasonable and appropriate action including the inclusion in Lessee's budget request for each Fiscal Period during the Schedule Term hereof a request for adequate funds to meet its obligations and to continue the Schedule in three. Lessee represents and warrants it has adequate funds to meet its obligations during the first Fiscal Period of the Schedule Term. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rent hereunder shall constitute a current expense of Lessee and shall not in any ~vay be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general revenues, funds or monies of Lessee or the State of Texas beyond the Fiscal Period for which sufficient funds have been appropriated to pay Rent hereunder." C:\WINDOW,~TF2vlPYFX DIR AMENDMENT 2.doe ERIC.fRANCOiS £h~atcd by 20. Section 19, Miscellaneous Renumber as Section 21. Section 19 Restate the paragraph as fbllows "Lessor and Lessee acknowledge that there are no agreements or understandings, written or oral, between them with respect to the Asset(s), other than as set forth in the Master Lease Agreement and in eael~. Schedule to which Lessee is a signatory party. Lessor and Lessee further acknowledge that the Master Lease Agreement and each Schedule to which Lessee is a party contain the entire agreement between Lessor and Lessee. DIR and Lessor acknowledge that there are no agreements or understandings, written or oral, between them other than as set forth in this Master Lease Agreement and that this Master Lease Agreement contains the entire agreement between them. Neither this Master Lease Agreement nor any schedule may be altered, modified, terminated, or discharged except by a writing signed by the party against whom enforcement of' such action is sought." Insert new Section 19 "Lessor Certifications. Lessor certifies (i) it has not given, ~ffered to g~ve, and does not intend to give at any time hereafter any economm opportunity, futm'e employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Master Lease Agreement and Schedules executed hereunder; (ii) it is not currently delinquent in the pa3maent of' any franchise tax owed the State of Texas and is not ineligible to receive payment under Section 31.006, Fanfily Code and acknowledges this Master Lease Agreement may be terminated and payment withheld if this certification is inaccurate; (iii) neither it, nor anyone acting for it, has violated the antitrust laws of the United States or the State or. Texas. nor communicated directly or indirectly to any competitor or any other pemon engaged in such line of business for the purpose of obtaining an unfair price advantage; (iv) it has not received payment from DIR, Lessee or any of their employees for participating in the preparation of this Master Lease Agreement and the Schedule(s) hereunder; and (v) during the term of this Master Lease Agreement, it will not discriminate unlawfully against any employee or applicant and that, upon request it will furnish information regarding its nondiscriminatory hiring and promotion policies, as well as specific information on flae composition of its principals and staff, including the identification of minorities and women in management or other positions with discretionary or decision-making authority." 21. Section 20, Less.ee's Waivers Renumber as Section 22. Restate the Section as follows: "To the extent permitted by applicable law, Lessee hereby waives the following rights and remedies conferredupon Lessee by the lJniform Commercial Code: to (i) cancel any Schedule under the Agreement; (ii) repudiate any Schedule; (iii) reject the Asset(s); (iv) revoke Acceptance of the Asset(s); (v) recover damages from Lessor fbr any breach of wan'anty by the manufaetorer or supplier of the Asset(s); (vi) claim a security interest in the Asset(s) in Lessee's possession or control for any reason; (vii) deduct all or any part of any claimed damages resulting from Lessor's default, if any, under any Schedule; (viii) accept partial delivery of the Asset(s); (ix) 'cover' by making any pumhase or lease of or contract to purchase or lease equipment in substitution for the Asset(s) due from Lessor; and (x) recover any special, punihve, incidental or consequential damages, for any reason whatsoever.". C:IWINDOWSYrEMP[TX DIR 3uMENDMENT 2.doe Ell.lC_FRANCOIS 8 Creaied by 22. Section 21, UCC Filings Renumber as Section 23. Except as amended hereby, the Master Lease Agreement is restated and shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment has been duly executed by each party as of the day and year first abo~ve written. LESSOR: DELL FINANCIAL SERVICES L.P. LESSEE: STATE OF TEXAS, ACTING BY A~ND THROUGH TI:gE DEPARTMENT OF INFORMATION Title: Director of Business Operationsh C:~,WINDOWS~TEMP¥i'X D1R AMENrDMBNT 2.do¢ ERIC_FRANCOIS AMENDMENT NO. 2 DATED NOVEMBER 5, 1999 TO TIlE MASTER LEASE AGREEMENT DATED APRIl, 15,1999 BETWEEN TI:IE, STATE OF TEXAS, ACTING BY AND TItROUGH TItE DEPARTMENT OF INFORMATIONRESOURCES AND DELL lilNA~NCIAL SERVICES L.P; This Amendment No. 2 is made part of and modifies the Master Lease Agreement Amendment No, 1 ("Amendment No. 1") between the State of Texas, acting by and through the Department of Information Resoumes ("Lessee") and Dell Financial Services, L.P. ("Lessor"). 1. Section 19 ofAmendmentNo. 1 Renumber as Section i9 (a) Insert the following at the beginning of the Section: "This paragraph applies Only to Lessees designated as state agencies or institutions of higher education as defined in Texas Education Code, Section 61.003." Insert new Section 19 (b) 'q'his paragraph applies only to Lessees designated as Ioeal government entities. In the event sufficient funds are not appropriated for Lessee to continue the Schedule Term for any Fiscal Period (as set forth on the Schedule)o~theLessee beyond the Fiscal Period first in effect at the commencement of the Schedule Term, the Lessee may terminate the Schedule with regard to not less than all of the Asset(s) on the Schedule so affecte& Lessee shall endeavor to ~provide Lessor written notice sixty (60) days prior to the end of its current Fiscal Period confirmIng the Schedule will be terminated; Ali obhgations of Lessee to pay Rent due after the end of the Fiscal Period first in effect at the commencement of the Schedule term will cease, all interests of Lessee in the Asset(s) will term/hate and Lessee shah surrender the Asset(s) in accordance with Section 12 hereof." Except as amended hereby, the Master Lease Agreement, as previously amended, is restated and shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment No. 2 has been duly executed by each party effective November 5, 1999. LESSOR: DELL FINANCIAL SERVICES, L.P. LESSEE: STATE OF TEXAS, ACTING BY AND THROUGH THE DEPARTMENT OF INFORxMATION RESOURCES By: Title: JAN 7 ZOO0 l~t Carmen Hgmandez ( ) Director of Business Operatioh% APPROVEDASTOFORM DFSLEGALO£PAR?MENT AMENDMENT NO. 3 DATED JANUARY, 28, 2000 TO THE MASTER LEASE AGREEMENT DATED APRIL 15, 1999 BETWEEN T~ STATE OF TEXAS, ACTING BY AND THROUGH THE DEPART~NT OF INFORMATION RESOURCES AND DELL FINANCL4~L SERVICES L.F. This Amendment No. 3 is made part of and modifies the Master Lease Agreement Amendment No. 1 ('Amendment No. 1") between the State of Texas, acting by and through the Department of Information Resources ("Lessee") and Dell Financial Services, L;P. ("Lessor"). The following section of the Agreement is hereby modified: 1. Insert new Section 19 (h), Miscellaneous Append the following to the end of the section: "The following paragraphs of this seetionapply only to Lessees designated a State, agency, department, commission, bureau, board, office. council, court, or other entity that is in any branch of state government and that is created by the constitution or a statute of the State of Texas, including a university system or institution of higher education. To the extent that Chapter 2260 of the Texa~ Government Code, as it may be amended from time to time ("Chapter 2260'), isapplioable to this Agreemant and is not preempted by other appheable law, the dispute resolution process provided for in Chapter 2260 shall be 'used, as further described here/n, by the Lessee and Lessor to attempt to resolve any claim for breach of contract made by Lessor: (A) Lessor's claims for breach of this Agreement that the parties cannot resolve pursuant m other provisions of this Agreement or in the ordinary course of business shall be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Lessor shall submit written notice, as reqmred by subchapter B of Chapter 2260, to Lessee in accordance with the notice provisions in this Agreement. Lessor's notice shall specifically state that the provismns of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giwng nsc to the claim, the specific contract prowsion that Lessee allegedly breached, the amount of damages Lessor seeks, and the method used to calculate the damages. Compliance by Lessor with subchapter B of Chapter 2260 is a required prereqmsite to Lessor's filing of a contested case proceeding under subchapter C of Chapter 2260~ The chief business officer of Lessee, or such other officer of Lessee as may be designated fi'om time to time by Lessee by written notice thereof to Lessor in accordance with the notice provisions in this Agreement, shall examine Lessor's claim and any counterclaim and negotiate with Lessor in an effort to resolve such cla/ms. (B) If the parties are unable to resolve their disputes under subparagraph (A) of this section, the contested case process provided in subchaprer C of Chapter 2260 is Lessor's sole and exclusive process for seeking a remedy for any and all of Lessor's claims for breach of this Agreement by Lessee. (c) Compliance with the contested case process provided in subchapter C of ChaPter 2260 is a required prerequisite to seeldng consent to sue from the Legislature under Chapter 107 of the Texas Civil Practices and Remedies Code. The part/es hereto specifically agree that (il neither the execution of this Agreement by Lessee nor any other conduct, action or inaction of any representative of Lessee relating to this Agreement constitutes or is intended to constitute a waiver of Lessee's or the state's sovereign immunity to suit and (ii) Lessee has not waived its right to seek redress in the courts. (2) (al If the Lessee against whom Lessor makes a claim does not have rutemaking authority, the subrmssion, processing and resolution of Lessor's claim is governed by the published rules adopted by the Office of the Attorney Generai pursuant to Chapter 2260, Government Code as currently effective, hereafter enacted or subsequently amended. (b) If the Lessee against whom Lessor makes a claim has rulemaking authority, and has adopted rules governing the alternative dispute resolution process, the submission, processing and resolution of Lessor's claim shall be governed by such roles, as such rules are then effective, hereafter enacted or subsequently amended. If the Lessee against whom Lessor makes a claim has rulemaking authority, but has not yet adopted rules governing the alternative dispute resolution process, Lessee's claim shall be governed by the rules adopted by the Office of the Attorney General pcrsuant to Subsection 2260.052 (c), Subchapter B, Government Code. (3) Neither the occurrence of an event giving rise rca breach of contract claim nor the pendency of a claim eonsumte grounds for the suspension of performance by Lessor. ~n ~whole or in part. Lessee and Lessor agree that any periods set forth in this Agreement for notice and cure of defautts are not waived, delayed, or suspended by ChapTer 2260 or this section." Except as amended hereby, the Agreement is restated and shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment has been duly executed by each party as of the day and year first above written. LESSOR: DELL FINANCIAL SERVICES L.P. Title: .... LESSEE: STATE OF TE~4.S, ACTING BY AND THROUGH THE DEPARTMENT OF INFORMATION RESOURCES Title: Director of Busfness Operations AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 21, 2000 Utility Administration Howard Martin, 349-8232 ~ Agenda Item_ Date / / SUBJECT: An ordinance approving a real estate contract between the City of Denton and Evelyn Barthold, ET. AL., relating to the purchase of approximately 1.7 acres of land at the northwest comer of 1-35 and Loop 288 in the B.B.B. & C.R.R. survey, abstract No. 141 for the construction ora water storage facility; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND: City's northwest service area water distribution system currently does not have elevated storage facilities. The northwest service area is currently served by the McKenna Park Booster Pump Station (BPS) which uses variable speed pumps to continuously maintain adequate system pressures under varying system water demands. Although elevated storage was not initially required when the McKenna Park BPS facilities were first installed in 1986, growth in this area over time has required the addition of elevated storage to insure reliable pressure maintenance, adequate fire protection, and comply with TNRCC standards. The pressure maintenance in this area is not considered reliable by TNRCC standards without elevated storage. To locate elevated storage in this area, a site evaluation study was conducted by the consulting firm Shimek, Jacobs, & Finklea, L.L.P. (SJF). Based on this site evaluation study, the proposed site meets the hydraulic and site suitability requirements to locate the elevated storage tank. Staff has worked with the property owners and Texas Department of Transportation to establish the location of the tank on the property and access provisions. Appraisal of the property was established and this information was presented to the PUB on September 20, 1999 to seek authority to make an offer to the property owners to purchase approximately 2 acres of land. Further negotiations with the property owners established a tank site of approximately 1.7 acres of total land for a 250' x 250' pad for the tank and a 30-foot strip along Loop 288 for locating the 16-inch waterline to tie-in in the tank to the water distribution system (See Exhibit I). The final acreage for the property was determined by a survey of the property. The property owners have accepted the $1 per square foot offer made by the City. This resulted in a final purchase price of $74,140 for the property. The property owners have been very civic minded in understanding the need for treated water availability in the surrounding area and have worked supportively with the staff in acquisition of site for the tank. The property owners have signed the real estate contract prepared by the city's right of way agent and legal staff(Exhibit II). Staff recommends approval of the purchase of the property. OPTIONS: Purchase the property. Negotiate an alternative site with another property owner. RECOMMENDATIONS: Staff recommends approval of the purchase of this property for the elevated storage tank site. PRIOR ACTION REVIEW (COUNCIL, BOARDS, COMMISSIONS) September 20, 1999: The Public Utilities Board was briefed on the results of the elevated storage tank siting study and the preliminary negotiations with the property owner indicating a willingness to work with the city to acquire the tank site. The Board instructed staff to make an offer for purchase of property for the tank site. January 24, 2000: Public Utilities Board was briefed on the results of the negotiations with the property owner. The Board instructed the staff to proceed forward with the preparation of the real estate contract and the submittal to the city council for final approval. February 8, 2000: The City Council was briefed on the elevated storage tank siting study and the pending negotiations with the property owners. The Council instructed staff to finalize the contract to purchase the site. FISCAL INFORMATION: $1,140,000 has been budgeted for the 1 million gallon elevated storage tank in bond funds. A copy of the FY 2000 CIP detail sheet is attached as Exhibit III. BID INFORMATION: None MAP: See Exhibit I Prepared by: Tim Fisher, P.E. Assistant Director of Water Utilities Respectfully submitted: Assistant City Manager, Utilities Exhibit I: Exhibit II: Exhibit III: Location Map FY 2000 CIP detail sheet Ordinance and Real Estate Contract LO r. ATI 0 N MAP s EXHIBIT I 2000 CAPITAL IMPROVEMENT PROJECT # 00-0460K10 ] PROJ TITLE: (G) IMG ELEVATED STORAGE FOR UPPER PLANE ESTIMATED COST: $1,140 (x 1000) GROUP ASSIGNMENT: 3 DESCRIPTION: This project would provide for a I-MG elevated storage tank to be located in the upper pressure plane on the northwest side of Denton. PURPOSE: To provide more uniform pressures in the northwest portions of the system and to maximize high-service pumping efficiencies. To satisfy peak hourly demand, the TNRCC storage capacity, requirements and the State Board of Insurance fire demand requirements. ENCUMBRANCES BOND REV AlC OTHER TOTAL BOND TOTAL IST YR $890 TOTAL 2ND YR $0 TOTAL 3RD YR $0 GRAND TOTAL $890 CASH EXPENDITURES REV AIC OTHER $0 $0 $0 $890 $890 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $890 $890 $0 $0 $0 ENCUMBRANCE DATES: Encumbered as spent: PHASE DATE AMOUNT OBJECT # Land Purchase 10/98 $ 140 9002 Survey 10/98 $ 10 8563 Engineering Design 10/98 $ 100 8550 Inspection 10/99 S 40 8552 Construction (Tank) 10/99 $ 850 9101 TOTAL S89O S0 $0 $89O ENCUMBRANCE TOTAL COMMENTS: 7/'2 7F)9 I0:10 $1,140 This is a multi-year project starting in 1999 Encumbrances: Prior to 2000 Current CIP TOTAL PROJECT BUDGET S 250,000 S 890.000 $1,140,000 EXHIBIT II 5 ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EVELYN BARTHOLD, ET. AL., RELATING TO THE PURCHASE OF APPROXIMATELY 1.7 ACRES OF LAND AT THE NORTHWEST CORNER OF 1-35 AND LOOP 288 IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 141 FOR THE CONSTRUCTION OF A WATER STORAGE FACILITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SEtTTION I. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Evelyn Barthold, individually and as Independent Executris of the Estate of Edward Robert Barthold, and Fred Lee Barthold, Karen Michelle Lyle and Glynda Ann Hairston., in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of approximately 1.7 acres of land for the purpose of constructing a water storage facility. SECTION II. That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRO~LJTY, CITY, ATTORNEY EXHIBIT III REAL ESTATE CONTRACT STATE OF TEXAS COLrNTY OF DENTON THIS CONTRACT OF SALE is made by and between Evelyn Barthold, Indb idually and as Independent Executrix of the Estate of Edward Robert Barthold, and Fred Lee Barthold, and Karen Michelle Lyle, and Glynda Ann Hairston (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home role municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE 1. Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land in the B.B.B.& C.R.R. Survey, Abstract Number 141 consisting of approximately 1.7 acres (nominal 250' x 250' site (Tract 1) + 30' x 300' strip(Tract 2)) as illustrated in "Exhibit A", the specific metes and bounds description to be calculated and derived from a fon-aal survey yet to be performed, exact acreage amount of Tract 1 and Tract 2 combined shall be within the range of 1.6 acres to 1.8 acres; together with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets alleys or fights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. 2. Purchaser hereby acknowledges that the access driveway for the purchase tract will be on State Highway Loop 288. 3. Seller and Purchaser hereby agree to v¢ork cooperatively with site grading issues related to the installation of the proposed public improvements specifically as they relate to cutting the earthen ridge along the north right-of-way line State Highway Loop 288 to mitigate any future utility elevation issues in regard to potential development of the remainder of the Barthold parcel, whereby permission to perform such activities will not be unreasonably withheld. PURCHASE PRICE Amount of Purchase Price. The purchase price for the Property shall be $1.00 per square foot of land. The 1.7 acre tract would yield Seventy Four Thousand and Fifty Two Dollars and No Cents (S74,052.°°). The exact dollar amount purchase price shall be calculated by using the square footage amount derived by survey of purchase tract. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. Preliminary Title Report. Within ~,venty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall cause the Title Company (hereinafter defined) to issue an owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of- way, etc., affecting the Property. Purchaser shall give Seller v,~tten notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. Purchaser understands that Seller is under no obligation to cure any title defects complained of by Purchaser stated in Purchaser's written notice to Seller as provided in tl~is paragraph. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement ( in which event this agreement shall be null and void ), grant Seller additional time to cure, or proceed to closing. Sutwev. Purchaser may, at Purchaser's sole cost and expense, obtain a current smwey of the Property, prepared by a duly licensed Texas land surveyor' acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and fights-of-way on or adjacent to the Proper~y, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the sur~'ey to review and approve the su~'ey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) daF' period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the surYey to the reasonabie satisfactions of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement ( in which event 8 Page 2 of 9 this agreement shall be null and void ), grant Seller additional time to cure, or proceed to closing. o Seller's Compliance. Seller shall have performed, observed, and complied with all of the covenants, ag-reements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of its current knowledge, as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property or any part thereof. To the best of the Seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous ~vastes or materials include, but are not limited to, hazardous materials or ~vastes as same are defined by the Resource Conservation and Recover>' Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act' (CERCLA), as amended. 5. Seller hereby' grants the City of Denton and or its designee formal permission to enter Seller's property' in order to perform such field surYeying activities to establish botmdaries and monuments necessar>' to consummate the above-mentioned real property purchase transaction. CLOSm'G The closing shall be held at the office of Texas Title Company (the "Title Company"), 2215 South Loop 288, Suite 320, Denton, Texas on or before ,.March 3, 2000(which date is herein referred to as the "closing date"). The closing date may be extended by mutual agreement of the parties. Page 3 of 9 CLOSING REQUIREMENTS Seller's Requirements. At the closing Seller shall: Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for the following: General real estate taxes for the year of closing and subsequent years not yet due and payable; and Any exceptions approved by Purchaser pursuant to Purchaser's Obligations hereof; and 3. Any exceptions approved by Purchaser in writing. Seller shall reserve an in.ess/egress easement within the boundaries of Tract 2 (30' x 300' strip) within the body of the Special Warranty Deed thereby preserving existing access rights to their remainder parcel along State Highway Loop 288 frontage road within the parameters of current or future subdivision regulations regarding access. Deliver to Purchaser a Texas owner's Policy of Title Insurance at Purchaser's sole expense, issued by Texas Title Company, Denton, Texas, (the "Title Company"), in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: The boundary and survey exceptions shall be deleted if required by Purchaser; and if so required, the costs associated with same snail be borne by Seller; The exception as to restrictive covenants shall be endorsed "None of Record"; 3, The exception as to liens encumbering the Property shall be endorsed "None of Record" other than those set forth in "Purchaser's Obligations". ¸1'0 Page 4 of 9 The exception for taxes shall be limited to the year of closing and shall be endorsed "not yet due and payable". C. Deliver to Purchaser possession of the Property on the day of closing. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. Closing Costs. Seller shall pay all taxes and special assessments assessed by any tax jurisdiction through the date of the Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser, except for Seller's attorney fees. REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, to the extent Seller has agreed to pay any such real estate commission in writing; and Seller agrees to indemnify and hold Purchaser harnlless from any and all claims for any such commissions. BREACH BY SELLER In the event Seller shall fail to fi. tlly and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser as its sole and exclusive remedy may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to Seller. BP_EACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default, Seller as its sole and exclusive remedy may enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to Purchaser. MISCELLANEOUS PROVISIONS Assitnment of A~reement. This Agreement may not be assigned by Purchaser without the express written consent of Seller. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, Page 5 of 9 11 o 10. 1l. pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. Seller's agent for purposes of notice shall be ~X(E&~tq ~>P~g,-r'Oro~..%> .. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County; Texas. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns where permitted by this Agreement. Le al Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior A~reements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the xvithin subject matter. Time of Essence. Time is of the essence in this Agreement. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby adx'ised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this A~eement and delivers same to Seller, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. Page 6 of 9 SELLER Karen Michelle Lyle SELLER GlynfAnn Hairston SELLER'S ADDRESS: p.o. ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument ,vas acknowledged before me on F~-~-~ l ~ , 2000 by ~.M;~.T ........ .ri', ~ ~' Evel~ B mhold, ~IV~U~LY ~f ELLATM ~a~ ~, ~ r ~n .... o · and ~¢x of the ESTATE OF EDW~ R~ERT B~THO~D. ~~~ My Commission Expires: ACKNOWLEDGMENT THE STATE OF.~'-/-PZC,~ X § COUNTY OF IC~('fTgv.~-' § This instrument was acknowledged before me on Fred Lee Barthold. Notary Public, in and for the State of \ ~X C~' My Co~ission Expires: ¢ ~-. ~OO ~ , 2000 by ¸i3 Page 8 of 9 ACKNOWLEDGMENT THE STATE OF ~. ('", § coumY OF This insmunent was acknowledged before me on ~"/z-fl ~t,t'//',/~a /~' , 2000 by ~.dtary Phblic., in and for the State of ,'My Commission Expires: ACKNOWLEDGMENT THE STATE OF C)K, § COUNTY OF -'~',4,\ $ c4 § This instrument was acknowledged before me on Glynda Ann Hairston. · ,' 0 .*-'r- '-- ,;. % <,-, · r.,' , 3., ,~ %.(,:. '*..~., %" '~ .~ c. n'.3 0~ C~-vD Notary Public, in and for the State of My Commission Expires: \ ,2000 by .I4. Page 9 of 9 CITY OF DENTON, TEXAS CITY HALL WEST · 221 N. ELM · DENTON, TEXAS 76201 (940) 349-8350 · FAX (940) 349-7707 · DFW METRO 434-2529 MEMORANDUM To: From: Subject: Date: Tim Fisher, Assistant Director, Water Utilities Paul Williamson, Right-of-Way Agent ~.c~, Purchase of 1.702 acre tract - Barthotd Property March 3, 2000 I have received the fully executed Real Estate Contract from the Barthold family for the above-mentioned tract. I have also received the metes and bounds field note description for the tract along with the survey plat from Shimek, Jacobs & Finklea, Consulting Engineers. At the agreed upon $1.00 per square foot the total purchase price shall be $74,140.® plus related closing costs. It is my understanding that your department will be presenting the matter to the City Council at the next available meeting. I will relay all pertinent documents to you for your use. The printed closing date in the contract is erroneous, the Sellers have agreed to extend the closing date at our discretion. If approved by City Council on March 21, 2000, I would anticipate closing and funding on March 31, 2000. If you are going to speak to the City Council, please let them know the complex task of site selection for an overhead storage tank. I have enjoyed working with the Barthold family, they have been very amiable. It was admirable that they acknowledged the public need for the water storage in balance with their long-term plans for their tract. 'I5 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 21, 2000 Materials Management Agenda No.~~.- Agendaltem · -:",¢'~ Questions concerning this acquisition may be directed to Jerry Clark 349-8390 Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Ordinance authorizing the execution of Change Order One to the Public Transportation Services Contract between the City of Denton and SPAN, Inc; providing for an increase in the scope of services, and an increase in the payment amount; and providing an effective date (RFSP 1762 - Operation of Public Transportation Service awarded to SPAN, Inc.). CHANGE ORDER INFORMATION: The original contract with SPAN, Inc. signed on July 18, 1995 (Ordinance 95-130) expired on September 30, 1999. The operation of the system has continued without interruption under the same terms and conditions without a formal agreement. This change order is retroactive to October 1, 1999 and will extend the formal agreement through July 18, 2000. During that time period the specifications, service requirements and contracts will be reviewed and prepared for m-bidding the Public Transportation Service Contract. RECOMMENDATION: We recommend Change Order One be approved to extend the contract through July 18, 2000 in an amount not to exceed 25% of the funds expended throughout the original contract period or the actual amount of grant funding as outlined in contracts with the Federal Transit Administration and the Texas Department of Transportation. PRINICPAL PLACE OF BUSINESS: SPAN, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT: Change Order One will be in effect from October 1, 1999 through July 18, 2000. PRIOR ACTION/REVIEW (COUNCIL BOARDS COMMISSION): Original Contract awarded July 18, 1995 (Ordinance 95-130) Contract amended by Council on April 15, 1997 (Ordinance 97-118) to bring method of payment in compliance with regulations Agenda Information Sheet March 21, 2000 Page 2 FISCAL INFORMATION: Change Order One is in the not to exceed mount of $541,150.37. This is equal to 25% of the expended amount during the original contract period. Funding will be made available from grants issued by the Federal Transit Authority (FTA) and the Texas Department of Transportation. The payment amount is not to exceed available grant funding. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Request Letter of March 13, 2000 Attachment 2: Payment Reconciliation 1362 AGENDA CITY of DENTON, TEXAS ATTACHMENT 1 MUNICIPAL BUILDING ° 215 E, McKINNEY o DENTON, TEXAS 76201 (817) 566-8200 ° DFW METRO 434-2529 March 13, 2000 Ms. Efika Lissberger Executive Director SPAN, INC 1800 Malone Denton, Texas 76201 Dear Ms. Lissberger; The City of Denton desires to extend the agreement entenxl into by and between the City of Denton and SPAN on ]'uly 18, 1995 (Ordinance 95-130) in reference to SPAN's response to RFSP #1762 and amended ;april 15, 1997 (Ordinance 97-115) for the provision of public transportation services in Denton. The extension is requested through July 15, 2000 and for an amount not to exceed $541,150.$7 or twenty-five percent (25%) of funds expended during the conWact period (Attachment 1) and not to exceed the City's available grant funding ovtlinod in contracts with the FederAl Tran~/t Administration and the Texas Depamnent of Transportation. All other terms and conditions of the agreement remain the mme. I hereby acknowledge acceptance of the above stated terms and conditions: Signature of Authorized Representatives / ~s~!iv~]c~Dir~°r Veronica S. Rolen Public Tmns~rtafion Manager City of Denton Attachment 1: Contract Expenditures "Dedicated to Quality Service" ATTACHMENT 2 AUG S 40,62~.e6 S S4~.~7 S 40,078.99 S~' S 30,630.30 S S46.67 $ 39,Q02.83 OC1' S 34r~27.56 ~ 546.67 S NOV S 31,637.00 S 548.47' S 31~00.42 DC-C S 36~e{)~.01 i S 546.67 S g~,0SO.24 AF~ $ 40,457.37 I S 548.67 S 3~010.70 JUN S 44,326.93 S 546.67 S 43,780.26 OCT S 38~014.87 S 481.~7 S ~7t533.20 NOV S 40,73~.:Z6 S 4~1.67 $ ,bn-G7 S 38,749.44 S 481.67 S FEB S 3~r180..50 S 48t.67 S 34,eg8.83 MAR S 3~Gt~2.24 S 48t.67 $ S~480.57 AF~ $ "~G~640.11 $ 481.67 $ ~9167.44 OCT S 45,~24.31 S . 41~.~7' S 4~407.64 NOV $ 30~284.g6 S 416.67 $ 38,868.20 ~ S 4G,75~a0 S 4~&e7 $ MAY $ 43~4~6.gG $ 416.67 $ 42~gG2.32 JUN S 4~,350.~2 S 416.67 I $ 4~,S~4.Z5 JUL S 48,5a,4.23 $ 41e.67 S 46,167.56 AUG S 43,777.64 S 416.67 S .43,361.17 C)CT S 47,2~.75 S 416.d~7 S I=EB S 53~551.29 S 4'16.67 S 53:134.G2 MAR $ 55~551.29 $ 416.67 $ 5~,134.62 · %°R S 52~797.21 S 416.67 S 52,~60.54 JUN $ 5~42S.7g $ 416.67 $ 5~008.12 AUG S 51,1340.53 S 416.67 S 51~423.8G ~ q; 47,606.l~6 I S 416.67 ~ 47,'i9~.g8 ,Jan4)0 S 40,910.31 $ $ 40,010.31 MAR' $ 51,400.00 $ I ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE OR- DER AND EXTENSION TO THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SPAN. INC. RELATING TO PUBLIC TRANSPOR- TATION WITHIN THE CITY; AUTHORIZING EXPENDITURE OF FUNDS AS PROVIDED IN SAID FIRST AMENDMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 97-118 the City of Denton entered into a First Amendment to an Agreement to provide public transportation with Span, Inc., dated April 15, 1997 (the "Amendment Agreement"); and WHEREAS, the City Council of the City of Denton finds that it is in the public interest to authorize a change order to the Amendment Agreement to extend its terms until July 18, 2000; and WHEREAS, this change order does not exceed 25 % of the original contract price; and WHEREAS, the City Council deems it in the public interest to authorize the City Man- ager to execute the attached Change Order; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute the Change Order to the Amendment Agreement to extend its terms until July 18, 2000 in substantially the form of the attached Change Order, which is made a part of this ordinance by reference. The Change Order is effective retroactively to October I, 1999. SECTION 2. The City Manager is hereby authorized to expend funds as provided in the Amendment Agreement as extended by the Changer Order. All previous payments and actions made by the City under the Amendment Agreement fxom and afier October 1, 1999 are hereby ratified. SECTION 3. This ordinance shall become effective immediately upon its passage and approval and shall have retroactive effect from and after October 1, 1999. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CHANGE ORDER TO THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND SPAN, INC. This Change Order to the First Amendment to the Agreement between the City of Denton. Texas ("City") and Span, Inc. ("Span"), dated April 15, 1997 (the "Amendment Agreement") is entered into as of the date set forth below. 1. The City and Span agree that the terms and conditions of the Amendment Agreement are extended from and after October 1, 1999 through July 18, 2000. Such extension shall have retroactive effect from and after October 1, 1999. 2. The City hereby ratifies any payments and actions undertaken by it under the Amendment Agreement for the benefit of the .City and Span, from and after October 1, 1999 to the present. 3. Span hereby ratifies any actions undertaken by it under the Amendment Agreement for the benefit of Span and the City, from and after October 1, 1999 to the present.. SIGNED as of the __ day of ,2000. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: SPAN, Inc,~ ~'~ Nan(e: ~-t k:,a Lt'~_ql,-,e~ ~,,~ ~ · Title: ~x,e.,~.,~..,,b~. 9~ ~,*Y~Oa'~ AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 21, 2000 General Government Rick Svehla, Deputy City Manager SUBJECT: Consider approval of recommendations from the Oversight Committee. BACKGROUND: On March 6th the Oversight Committee held its second meeting. At that meeting they considered recommendations for miscellaneous streets, traffic signals and beautification projects. There was unanimous consent from the members that were present for the recommendations of staff as follows. Miscellaneous Streets McKinney Street from Bell Avenue to Jarmie, Avenue E from Avenue E/D to Oak, Oakwood from Mercedes to Cul de Sac, Palmwood from Glenwood to Kayewood. Miscellaneous Signals The committee recommended coordinating the signals on Fort Worth Drive, Teasley Lane from 1-35E north, and on Lillian Miller/Teasley Lane from 1-35E south, if funding is available. Beautification Projects The committee recommended repair of the median on Carroll Blvd., signage at City Hall, median repair and renovations to medians on Dallas Drive, and water conservation landscape at Bell/Robertson. These miscellaneous categories were all funded in the first year of the capital improvements program. RECOMMENDATIONS: The Oversight Committee and Staff recommended these projects. PRIOR ACTIONS: Citizens approved this funding in the January election. Respectfully submitted: R~ck Svehla s Deputy City Manager 215 E. McKINNEY DENTON. TEXAS 76201 · (940) 349-8307 · FAX (9,~0) 349-8596 OFFICE OF THE CITY MANAG£;; DATE: TO: FROM: SUBJECT: MEMORANDUM February 25, 2000 Members of the Oversight Committee Rick Svehla, Deputy City Manager MARCH 6TM MEETING I have attached a memo from Jerry along with several maps and also some information from Ed for the main subjects of their meeting on the 6th. Jerry's memo talks about two miscellaneous areas, streets and signals. We're recommending four streets to you, McKinney, Avenue E, Palmwood and Oakwood. We've also attached a list that shows other streets that also rank very high for replacement. Our selection was based on the condition of the street. We also try to fit projects with the amount of money we have ($300,000), we try to affect all of the city and not just one part to the exclusion of the rest of the city, finally we look at the amount of traffic that. will benefit from the improvements. The second area that Jerry deals with is signals. There are three maps attached to this information. Our recommendation is to do the U.S.377 (Ft. Worth Dr.) system since all of those signals are in place or will be built shortly and all of the street construction has just been completed. We are also suggesting the system on Teasley Lane (FM 2181) from Londonderry north all the way over to Woodrow. We do not know of any pending construction on any portion of this road section and therefore, think this is an appropriate area to work on. Finally, if we have funding left we would suggest beginning to tie the Loop 288/FM 2181 South system. We would suggest starting at Southridge and Teasley and working south connecting the signals at Southridge, Lillian Miller and proposed signals at Ryan Road and Hickory Creek. Staff is also suggesting that we wait on the sidewalks fOr the bike and trail plan. We think it w~uld be appropriate to be able to see final recommendations from that plan before suggesting sidewalks. Also, it won't hurt to wait because sidewalk plans can be done fairly quickly. I've also attached a memo from Ed. In the first year we also have $40.000 worth of beautification money. Ed's memo recommends to you where we think that money should be "Dedicated to Quality Service" www. cit¥ofdenton, corn Memo to Oversight Committee February 28, 2000 Page 2 ' spent. You can see that the staff has tried to choose high visibility areas and places where we can do things that will be noticed by large numbers of people. Finally we have one more item that is using some more of the Teasley planning money. Some of you may know that in the last bond issue we engaged a consultant to do a very detailed traffic study of Teasley Lane from 35E south to the city limits. The traffic analysis has been finished. We presented those results to Council in February. We also recommended to Council that we come back with more technical investigation and data in April. This will help to schedule improvements on Teasley Lane (FM 2181). It will give us data to present to other partners (TXDOT and the County) for the reconstruction and widening of the facility. You may recall that we have $107,000 left from the original $250,000 (the first $143,000 is being used in a joint project with the county that was discussed at the last meeting). Staff would propose that $7,000 of this planning money be used to help fund the continuing work of the consultant on the technical aspects of the design, signal spacing and the actual lane requirements for this facility. We would suggest using miscellaneous street money since the design money is in the second year. Next year when we sell the design money, we will use $7,000 as miscellaneous paving. At your last meeting you asked for us to deliver this a week in advance. This will allow us the luxury of trying to answer any questions that you might have before the meeting. Please feel free to give me, Jerry, Ed or Dave Hill a call at your convenience. You can reach us at 349-8307, -8271. or 349-8314 respectively. Deputy City Manager RS:af Attachments Memo To: From: Date: Rick Svehla, Deputy City Manager Jerry Clark, Director of Engineering and Transportation 2/28100 Re: Oversight Meeting on March 6m, 2000- Miscellaneous Streets, Signals, Walks, and Bikeways The three categories are proposed to include the following projects: 1. Miscellaneous Streets-- $300,000 Staff has enclosed a list of the streets from our recently completed street inventory system-Pavement View. The list included $3,962,651.00. Several of the streets on the list have projects that impact them in the immediate future so funding should be delayed for those. They include James Street, Malone Street, and Coit Street. We are recommending the following streets for your consideration. We still have to get final clearance from Water and Sewer Utilities to be sure that no new lines have been added to the list of strccts this year. McKinney Street from Bell to Jannie- $128,092 Avenue E from Avenue E/D to Oak - $ 90,966 Palmwood from Glenwood to Kayewood $ 34,254 Oakwood from Mercedes to. Cul de Sac $ 65,945 Total $319,257 2. Miscellaneous Traffic Signals -- $200,000 The bond issue included $50,000 for our' contribution toward a CMAQ project that interconnected three traffic signal systems. The City of Denton was still waiting to hear if the projects received funding from the NCTCOG and TXDOT when the bonds were prepared. We did not receive funding. The signal systems are on US 377, FM 2181, and Loop 288. We have enclosed drawing of those proposals. We are proposing the we look at US 377 and FM 2181 first, since the heaviest growth has been towards the south, there are to be many new signals in that area, and the fact that Loop 288 will be tom up in less than two years so we have to be careful how we spend the money. Hardwire systems will be torn out and replaced by TXDOT if installed now. We are proposing the funds be allocated towards the US 377 and FM 2181 signal systems. Some of the signals in the Loop 288 system are actually on FM 2181 after the bend. We would propose that these be addressed first at intersections ~like Lillian Miller and Teasley, Ryan Road and Teasley, and Hickory Creek and Teasley. Coordination will be critical for these lower end signals as the traffic from the new developments .increases 3. Miscellaneous Sidewalks and Bikeways --$200,000 Staff is currently working with Carter and Burgess on a Master Plan for these systems. The next meeting date with the consultant to review the plan is scheduled for March 9,2000. We feel that the Master Plan should be used and should influence how the money for these systems is spent for the new bond issue. Stair recommends that we postpone this decision till your next meeting. · Page 2 STREET LIST March 1, 2000 OCl LOCATION FROM TO ESTIMATED COST! 28 ALICE CONGRESS UNIVERSITY DR. 188,187 25 ANDERSON AMARILLO MOUNTS 54,344 28 BARBER FRAME END 3,444 33 CHIQUITA CARMEL END 40,307 28 COlT CONGRESS WESTWAY 299,154 27 CRESCENT BONNIE BRAE AILEEN 165,460 31 EMERY FUL'[ON COlT 158,291 34 HANOVER WINDSOR EMERSON 54,984 34 HERCULES STRUART SHERMAN 91,366 33 JAGOE SCRIPTURE OAK 100,518 20 JAMES ST. MASSEY --T. WORTH DR. 125,007 33 LINDSEY KENDOLPH I 35 125,080 35 MALONE UNIVERSITY SCRIPTURE 419,874 30 MARSHALL AUSTIN OAKLAND 17,732 31 MASSEY FT.WORTH JAMES 18,338 23 METRO 35 END 55,328 26 MULBERRY AVE D AVE B 83,350 35 MULKEY 'AUDRA LATTIMORE 148,851 31 PACIFIC VlAPLE END 9,352 31 PENNSYLVANIA 35 SANPIPER 287,155 23 RINEY DEL DR. HWY 77 53,811 34 SAWYER OAKLAND LOCUST 45,569 27 WOOD MOUNT BURNING TREE CUL DE SAC 15,222 TOTAL PACKAGE 2,560,722 ~LAND :S MAP_E EAGLE NIN GREENLEE W~GHLA rt. l EAGLE W.,COLLINS HI~NL:ND. MAPLE COLLINS_ tO, Z O~ -Z SMITH DAUGHERTY LINDSEY INMAN WILLOWWOOD X EXISTING SIGNAL --~ ., [] FUTURE SIGNAL "':": PROiECT IMPROVEMENTS SITE MAP' G.I.S. ENGINEEAING & TRANSPORTATION DEPT. CITY OF DENTON TX. MAPSCALE IS 1" = 600 FT; ~ILL RUTH PARK LN CHAMBERS SMITH ALEGRE SMITH MCDONALD HOPKINS OR FOX HOLLOW PIPING ROCK LN WILDERNESS DEER TRAIL ANGELII O~ EXISI'tN(~ SIGNAL CT LN. ~ ~CITY OF DENTON TX~MAPSCALE IS 1" · IMPROVEMENTS~S]TE MAP~ 8~ TRAN SPO RTATION/D EPT; = 700 FT.'- !1 '" ROSEL.AWN v TRAFFIC SIGNAL PROJECT IMPROVEMENTS SITE MAP G.I.S. ENGINEERING & TRANSPORTATION DEPT. ITY OF DE TX, MAPSCALE IS 1" = 3000 FT, EXISTING SIGNAL '~ Fq:~IN~SED SIGNAL CITY OF DENTON~ TEXAS PARKS & RECREATION DEPARTMENT 321 E. McKINNEY · DENTON, TEXAS 76201 (940) 349-PARK ° FAX (940) 349-8384 To: From: Date: Subject: Oversight Committee I o n y, i=tor ,4 ate' Parks and Recreation Depa~trmet~ February 28, 2000 Beautification Projects The following beautification projects are recommended for approval. Forty thousand dollars are available this year from the bond program. Project Funding 2000 Bonds Others 1. Water conservation landscape $ 3,000 ~ Bell/Robertson 2. Rebuild landscaped medians ~ 3,000 Dallas/Teasley 3. New landscaping on Carrol Blvd. 15,000 4. City Hall landscaped sign 10,000 5. Contingency 4,000 $ 3,000 (mDB) 2,000 (to be determined) TOTAL: $ 40,000 You will recall that we reviewed a process for the selection of beautification projects at your February meeting. A'great deal of weight was to be given to suggestions derived from last year's public meetings for the bond program and from the Raise the Bar Campaign. We are recommending projects that were proposed by citizens through both processes. However, we have not been able to utilize the scoring system we previously proposed to you, due the short time between meetings. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 21st , 2000 Planning & Development Dep~{rtment Dave Hill, 349-8314 ~ Agenda No, O0 - 0 Agenda Item.f~- ~ V~ -. Date °6 ,, SUBJECT Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance No. 2000-069, for 2001 Forth Worth Drive, a proposal to plat 2.38 acres in a Light Industrial (LI) zoning district. (RN-00-008) BACKGROUND Ordinance 2000-069, known as the Nonresidential Interim Regulations, was adopted by City Council on March 2"a, 2000. This ordinance contains standards with which nonresidential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted. Ordinance 2000-069 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council: 5. Relief requests ao bo Co The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the nonresidential development standards deprives the applicant ora vested property right or deprives the applicant of the economically viable use of his land. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (1) whether granting relief from the nonresidential standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (2) the suitability of the proposed nonresidential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (3) the impact of the proposed nonresidential use on the transportation and other public facilities systems affected by the development; (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounding properties; (5) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (6) the total expenditures made in connection with the proposed nonresidential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; and (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. d. The City Council may take the following actions: (1) deny the relief request; (2) grant the relief request; or (3) grant the relief request subject to conditions consistent with the criteria set forth in this section. 6. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation ora vested property right. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above). RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. ESTIMATED PROJECT SCHEDULE Review schedules are discussed in the attachments. PRIOR ACTION/REVIEW The Council, on March 2, 2000, reviewed one request for relief from Non-Residential Ordinance: 1. Kerestine property - approved with conditions. The Council, on March 7, 2000, reviewed three requests for relief from Non-Residential Ordinance: 1. 1508 N. Elm- approved 2. 1513 N. Locust - approved 3. RNW Addition ~ approved FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. petitions claim financial harm, an issue that may be evaluated by Council. Several of the ATTACHMENTS 1. staff report Respectfully submittsd: _ D6uglas ~1. Powell, AICP Director of Planning & Development WAIVER REQUEST STAFF REPORT ATTACHMENT 1 Subject: 2001 Fort Worth Drive (RN-00-008) Staff Larry Reichhart BACKGROUND: Request: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Relief from the Non-Residential Interim Regulations (Ordinance No. 2000-069) to plat and develop the property. 2001 Fort Worth Drive. (see Enclosure 1) Light Industrial (LI) (see Enclosure 2) 2.3+ acres The property is not platted. The subject site is located in the Developed Areas of Floodplains and Community Mixed Use Center districts. The focus area of a community activity center contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Staff finds the use consistent with the intent of the Comprehensive Plan. POTENTIAL AFFECT OF INTERIM REGULATIONS: This application would be required to submit a Project Plan. CONCLUSION: If the waiver is granted the applicant will be able to obtain a building permit upon completion of the platting process. (Prior to obtaining a building permit the review and approval of a site plan is required). If the waiver is not granted the applicant will be required to submit a Project Plan in conjunction with platting prior to obtaining a building permit. ENCLOSURES: 1. Location Map 2. Zoning Map 3. Relief Request ENCLOSURE 1 2001 Fort Worth Drive (RN-00-008) NORTH BRICK SITE LOCATION MAP Scale: None ENCLOSURE 2 2001 Fort Worth Drive (RN-00-008) NORTH LI [;--! LI ACME BRICK ZONING MAP Scale: None INTERIM ORDINANCE RELIEF APPLICATION FORM Date: ..'t, '~to t ! APPLICATION FOR RELIEF FROM: Non-Residential Interim Ordinance Project Name: .~. ~ Proj~:^daress(Locatlon): ZDO! jl:~.~i ~,tr'~_ Existing Comprehemlve Plan Designatiom T~,~, ev,0~/i~d .... Gro,s ^==. Z, ~ I/Ztor~.s sur. ~nr~r P~tOCrOtmus ON APPLICANT II, FORMATION ~ ~&~9~ State: z,~: 7b~t Em~: Pmpe~ ~en ~ ~ _ ~mpm~ A~s: Td: F~: ~ State: Z~: Em~: 641 Tel: -- F~:~~03~ ~ ~,~%~ s=~ zm: 76 ~ [ Em~: SIG~ OF PROP~ O~ OR ~PLI~ For D~anmental Use O~y (SIGN ~ P~ OR ~E ~) ' ' ~e No.: ~e~er of iu~o~fion r~ r~ ff i~a~e b'o~ ~m pro~ o~) ~e ~en To~ Fee(s): Subsc~d ~d ~om ~fore me ~s /~ ~of ~~ 20 ~ :~ ~pt No: ',,: '...." ',,~ ~ APPLICATION DEADLINE IS WEDNESDAYS AT 10:00 AM. 4. Any underlined text applies only to the Non-Residential Interim Ordinance. All other text applies to both Residential and Non-Residential Interim Ordinances. Application Requirements: The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by_ the Ci _fy Council in conjunction with action on the project plan and development application. The City Council shall not relieve the applicant from these requirements, unless the applicant first presents credible evidence from which the City Council can reasonably condude that the imposition of the residential density limitations, non-residential standards or other development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of their land. The applicant is requested to submit sufficient information addressing the following criteria. The applicant will also be responsible in m~king their case before City Council. In deriding whether to grant relief to the applicant, the City Council shall take into the conside~on the following: Whether granting relief from the residential density limitations, non-residential standards or other devdopment standards contained in these imerlm devdopment regulation, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan, jeopardizes the City's best interests in preventing such effects; The suitability of the proposed residential or non-residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; The impact of the proposed residential or non residential use on the transportation and other public facilities systems affected by the development; [] The measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; [] The likelihood that suffident relief will be provided to the applicant following adoption of the City's Devdopment Code; [] The total expenditures made in connection with the proposed residential or non-residential devdopment in reliance on prior regulations, indt, diog the costs of inst~ll;ng infrastmeture to serve the project; VI Any fees reasonably paid in connection with the proposed use; [] Any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. The City Council may take the following acdom: (a) denythe relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in the interim development regulations. Any relief granted bythe City Council shall be the minimum deviation from ordinance requirements necessaryto prevent deprivation of a vested property fight SIGNATURE certifying that these regulations have been read and understood bythe applicant. b^TE: benton City Council Ken Hendricks - P.K Properties /~rch lO, 2000 Interim Ordinance Relief ~, K. Properties has owned the peoperfy ot 2001 Fort Worth br. since AAoy 27, 1998, The Platting proceSS has b~n r~dy for submitte~ to bRC since April of 1999, I h~d put the pro~ct on hold for ~ while, un~w~r~ that tMr~ would bz ~ny new development standards forthcoming. [ nm not n d~v~lopzr end did not know th~ urgency of g~tting the properly pi~tted 6 months ~go. continue under ~he old 9uid~lines, Ken H~ndricks I~K Properties (940) 387-5920 Telephone o AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 21st , 2000 Planning& Developm~/.ment Dave Hill, 349-8314 -- / ~-44-~ Agenda No. _ Agenda Item Date SUBJECT Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance No. 2000-069, for a 5.0 acre parcel north of Mingo Road approximately 850 feet west of Cooper Creek. A building permit for a 10,000 to 12,000 SF building in a Light Industrial (LI) zoning district is proposed. (RN-00-007) BACKGROUND Ordinance 2000-069, known as the Nonresidential Interim Regulations, was adopted by City Council on March 2na, 2000. This ordinance contains standards with which nonresidential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted. Ordinance 2000-069 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council: $. Relief requests The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the nonresidential development standards deprives the applicant ora vested property right or deprives the applicant of the economically viable use of his land. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: O) whether granting relief from the nonresidential standards contained in these intetim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (2) the suitability of the proposed nonresidential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (3) the impact of the proposed nonresidential use on the transportation and other public facilities systems affected by the development; (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounding properties; (5) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (6) the total expenditures made in connection with the proposed nonresidential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; and (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. d. The City Council may take the following actions: (1) deny the relief request; (2) grant the relief request; or (3) grant the relief request subject to conditions consistent with the criteria set forth in this section. 6. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation ora vested property right. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above). RECOMMENDATION Staffrecommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. ESTIMATED PROJECT SCHEDULE Review schedules are discussed in the attachments. PRIOR ACTION/REVIEW The Council, on March 2, 2000, reviewed one request for relief from Non-Residential Ordinance: 1. Kerestine property - approved with conditions. The Council, on March 7, 2000, reviewed three requests for relief from Non-Residential Ordinance: 1. 1508 N. Elm- approved 2. 1513 N. Locust- approved 3. RNW Addition- approved FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim financial hatai, an issue that may be evaluated by Council. ATTACHMENTS 1. staff report Respectfully submitted: Director of Planning & Development ATTACHMENT 1 WAIVER REQUEST STAFF REPORT Sub|ect: Mingo Road west of Cooper Creek, (RN-00-007) Staff Larry Reichhart BACKGROUND: Request: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Relief from the Non-Residential Interim Regulations (Ordinance No. 2000-069) to plat and develop the property. Mingo Road approximately 850' west of Cooper Creek. (see Enclosure 1) Light Industrial (LI) approved October 19, 1999 (see Enclosure 2) 5.0 acres The property is not platted. The subject site is located in the Employment Center district. Employment Centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Staff finds the use consistent with the intent of the Comprehensive Plan. POTENTIAL AFFECT OF INTERIM REGULATIONS: This application would be required to submit a Project Plan. CONCLUSION: If the waiver is granted the applicant will be able to obtain a building permit upon completion of the platting process. (Prior to obtaining a building permit the review and approval of a site plan is required). If the waiver is not granted the applicant will be required to submit a Project Plan in conjunction with platting prior to obtaining a building permit. ENCLOSURES: 1. Location Map 2. Zoning Map 3. Relief Request ENCLOSURE 1 Sirius Enterprises (Mingo west of Cooper Creek) NORTH APPROX. SITE LOCATION Classic Corrugated, Inc. LOCATION MAP Scale: None ENCLOSURE 2 .Sirius Enterprises (Mingo west of Cooper Creek) NORTH AP TE =. Lo( ~ A ! C u(c) ZONING MAP Scale: None SIRIUS ENTERPRISES PAGE Fd~X: ...... ENCLOSURE 3~__~ O2 AJ~rl.,l~iT I,NFO~TIO ~ A~i~:DAVID ETS ,CHEID .......... · ' F'_)--- % 101 ,%~ 9 84 0 MONROE " DALL----'A--S TX ~a[~.~7C~.~, _ DAVID ETSCHEID .~,t4mss: 9840 MONROE J101 DALLAS Sam TX,, ...... ~ S~R~US ~m'ER?!SES . T,~ 214__357__784~~ 214-357-785~ 75220 .~-.~1: ,., SIRIUS ENTERPRISES 75220 , ~3,/.~.7,,/,2~00 139:51 214-357-7@47 STRTUS ENTE:R. PRISES PAGE: 83 f, n~r. zooo tl 1?PPt r~x: F'F~GE ? P]~E~'T ~ 'I'tPE N.~_ nAVID IST$CH~_ID 03/07/2000 09:Sl 214-357-7847 SIRIUS ENTERPRISES PAGE 04 N&~ 28aB 1: ISPN F~X: ~AGE dj Ail that cez'~&in ~:~act or p&rcel of ].~cl 1ySng and bein~ licua~e<~ in ~he ~. I&r~7 Suz'v~7, ~cc 127~, D~t~ 0o~7, deeo:ibe~ i~ a deed :~m eloc:~onic oa:a Syate~ Co~:a:ion Co ~war~ F. ~ak:, M.D. d/b/i M.A. P~ezciee, ~~ in Volu~ Sou=h line ~f said walek~ tree= and the North line ~ar a f~e ~d with North right-of-w~y o~ ~t~o ~, d~e~ance of 299.29 f~8~ ~O a 1~2 ~ i~n rod se= for a co.er; TH~NCS North ~1 degree~ 31 minutes 27 secor~s wee~, a ddetance of T94.22 ~ee: to a 1/~ Snoh iron ~od ~a~ for corner; of 679.26 ~ee= =o the point of beginning and con~aining in &11 $.000 &oreo of land, more or le~. e AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 21st , 2000 Planning & Development Department Dave Hill, 349-8314 ~,~.~)~aX Agend~ No. ~ ~enda Item~ .Date_ ,.a-,,~/. Oc~ SUBJECT Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance No. 2000-069, for 2225 E. McKinney, a Planned Development Detailed Plan proposal for office and residential development. BACKGROUND Ordinance 2000-069, known as the Nonresidential Interim Regulations, was adopted by City Council on March 2nd, 2000. This ordinance contains standards with which nonresidential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted. Ordinance 2000-069 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council: 5. Relief requests The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the nonresidential development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (1) whether granting relief from the nonresidential standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (2) the suitability of the proposed nonresidential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (3) the impact of the proposed nonresidential use on the transportation and other public facilities systems affected by the development; (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounding properties; (5) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (6) the total expenditures made in connection with the proposed nonresidential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; and (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. d. The City Council may take the following actions: (1) deny the relief request; (2) grant the relief request; or (3) grant the relief request subject to conditions consistent with the criteria set forth in this section. 6. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above). RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. ESTIMATED PROJECT SCHEDULE Review schedules are discussed in the attachments. PRIOR ACTION/REVIEW The Council, on March 2, 2000, reviewed one request for relief from Non-Residential Ordinance: 1. Kerestine property - approved with conditions. The Council, on March 7, 2000, reviewed three requests for relief from Non-Residential Ordinance: 1. 1508 N. Elm- approved 2. 1513 N. Locust - approved 3. RNW Addition- approved FISCAL INFORMATION The petitions are being processed and broUght to Council using existing staff resources. Several of the petitions claim financial harm, an issue that may be evaluated by Council. ATTACHMENTS 1. staff report Respectfully submitted: Douglas ~;. Powell, AICP Director of Planning & Development WAIVER REQUEST STAFF REPORT ATTACHMENT 1 Subject: 2225 E. McKinney Street Staff: Larry Reichhart Case Number: N/A BACKGROUND: Request for Relief to: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Relief from the Non-Residential Interim Regulations (Ordinance No. 2000-069) to proceed with a Planned Development (PD) zoning application. 2225 E. McKinney. (see Enclosure 1) SF-7 (see Enclosure 2) 4.5+ acres The property is not platted. The Comprehensive Plan identifies this property to be within the "Existing Neighborhood / Infill Compatable" District. New development should respond to existing development with compatible land uses, paterns and design standards. The applicant is proposing to "re-use" an existing structure with minor alterations. Staff finds the use consistent with the intent of the Comprehensive Plan. POTENTIAL AFFECT OF INTERIM REGULATIONS: This application would be required to submit a Zoning Plan and a Project Plan. CONCLUSION: If the relief request is granted the applicant will be able to submit a Detailed Plan and eventually a platting application. Upon receipt of the Detailed Plan application the review process will commence. If the relief request is not granted the applicant will have to submit a Zoning Plan, a Project Plan and eventually a platting application. Upon receipt of the Zoning Plan application the review process will commence. ENCLOSURES: 1. Location Map 2. Zoning Map 3. Relief Request ENCLOSURE 1 2225 E. McKinney Street NORTH LOCATION MAP Scale: None ENCLOSURE 2 2225 E. McKinney Street NORTH ZONING MAP Scale: None ". ENCLOSURE 3 INTERIM ORDINANCE RELIEF APPLICATION FORM APPLICATION FOR RELIEF FROM: Non-Residential Interim Ordinance Date: 3-13-00 Project Name: Colonial House and The common ProjectAd&essCLocatlon):2225 E. McKinney Street~ Denton, Texas 76201 Personal residence & Exlsth~gUse: residential rental untt~ (2) ProposedUse:Profe.~miona] off~cm~ Existing Comprehensive Plan Designation: ~w~ ~t~ ng no~ ghhorhomd~ inq~ 11 onmpm~mh~ 1 ~ ry ExistingZo~g: SF7 Proposed Zo~n~ Co~ercial - PD office Gross Acres: 3.8 SEE RELIEF PR~ED~S ON BACK APPLICANT INFORbIATION Applicant: Richard H. and Ann E. Kelsey Address: ?Off Ridgocro~r Cqrclo City: Denton State: TX Company: S e l f Tel: 9an-q~2-9370 Fax:9/;0-387-9553 ZIP: 76205 Email: rhkelsey@iglobal.net Property Owner: DenniS and Vicki Ohlemeier Ad&ess: 2225 E. McKinney CID-: Denton State: TX Contact: Ann E. Kelse¥ (See above) Ad&ess: City: State ZIP: SIGNATURE OF PROPERTY OWNER OR APPLICANT (SIGN/MND PRENT, O,R.TYPE NAME) (Letter o[ a~uthorlzatlon r~quir~i~ sionature is other than property owner) / Company'.' Self Tel: 940-484-1321 Fa.x: none ZIP:76201 EmaC: none Company: Tel: Email: For Departmental Use Only Case No.: Case Manager: Print or Type Name: t'~C r/m [5 Subscribed and sworn before me this Notary Public ' ~/ Total Fee(s): Receipt No: Date Submitted: Accepted By: Fonn L'l~at t'& Z~20C0 APPLICATION DEADLINE IS WEDNESDAYS AT 10:00 AM. Any underlined text applies only to the Non-Residential Interim Ordinance. ~ other text applies to both Residential and Non-Residential Interim Ordinances. Application Requirements: The applicant may petkion the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Councll in conjunction with action on the project plan and development application. The City Council shall not relieve the applicant from theie requiremems, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposkion of the residential densitylimitati0ns, non-residential standards or. other development standards deprives the/~pplicant of a vested property right or deprives the applicant of the economically viable use of their land. The applicant is requested to submit sufficient information addressing the following criteria. The applicant will also be responsible in making their case before City Council. In deciding whether to grant relief to the applicant, the City Council shall take into the consideration the following: [] [] Whether granting relief from the residential density limitations, non-residential standards or other development standards contained in these interim development regulation, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan, jeopardizes the City's best interests in preventing such effects; The suitability of the proposed residential or non-residential uses in light of land Uses allowed in the zoning districts on property adjacent to the proposed site; The impact of the proposed residential or non residential use on the transportation and other public facilities systems affected by the development; The measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; The likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; The total expenditures made in connection with the proposed residential or non-residential development in reliance on prior regulations, induding the costs of installing infrastructure to serve the project; [] Any fees reasonably paid in connection with the proposed use; UI Any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. The City Council may take the following actions: (a) deny the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in the interim development regulations. Any relief granted by the City Council shall be the minimum &viation from ordinance requirements necessary to prevent deprivation of a vested property right. SIGNATURE certifying that these regulations have been~ead,.,and understood bythe applicant. RICHARD H. KELSEY ANN E. KELSEY 206 RIDGECRESTC1RCLE DENTON, TEXAS76205 (940)382-9370 March 14, 2000 City Of Denton Planning & Development Attn: Larry Reichhart City Hall West 221 North Elm Denton, TX 76201 (Via Hand Delivery) Re: Application For Relief From Non-Residential Interim Ordinance Dear Staff, Members of the Planning & Zoning Commission, and Members of the City Council of the City of Denton: Richard H. Kelsey and Ann E. Kelsey as Applicants have filed an INTERIM ORDINANCE RELIEF APPLICATION FORM in regard to the 3.8 acres located at 2225 E. McKinneY Street, Denton, Texas. Reference is here made to such application. In accordance with the instructions of staff, we submit the following: The City's best interests would be protected and preserved by approving this zoning plan immediately. The property already has a specific character based upon existing buildings. The existing character should be perpetuated in the development of additional buildings. The property is suitable for nonresidential use in light of the land use allowed (in the zoning districts) on adjacent property. Specifically, there is a set of medium density apartments immediately to the east and single family residences immediately to the north and west, The 3.8 acres is not suitable for single family residential development. The proposed planned development for office use is completely compatible as a transition use between the apartments and the personal residences. The proposed nonresidential use will not have any negative impact on any public facilities or systems. Applicants say that the planned development is designed to have a 20 foot setback from the adjoining property lines, a great deal of green area, and is further designed to protect all of the major trees. It is essential that the Applicants be granted permission to approve the zoning change from residential (SF7) to Planning & Zoning Dept. March 14, 2000 Page 2 of 2 o commercial-office PD. The property is not suitable for single family residence development. The highest and best use of the property is for low density professional and executive type offices compatible with'the existing structUres. Applicants have spent considerable amount of time, effort, and money in fonntflating a development plan which preserves most of the existing quality trees, provides for setback, and preserves both the sight line and the existence of the prominent colonial style home which is a landmark in..Denton. It is anticipated that by the time this matter is fully heard, Applicants will have approximately $5,000.00 invested in the zoning process. It is anticipated that Applicants will have paid approximately $5,000.00 in reliance on the proposed use. Representatives of the City's staff have requested that the footprint for the Planned development leave the existing colonial house in place and preserve the sight line. Such request has been incorporated into the planning. Applicants request that the INTERIM ORDINANCE RELIEF APPLICATION be granted and the applicable, ordinance be identified. ReSpectfully submitted, Ar~ E. I~ELSEY ~ xc: Dave Hill AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 21st , 2000 Planning & Development Department Dave Hill, 349-8314 Agenda No. ~ Agenda Item; _.-,.~ ,.~ ? - Date ~.,a/- oo SUBJECT Consider and Ordinance No. ao g. h. i. j. k. 1. m. n. o. p. q. r. s. t. take action on a request for relief fi'om the Non-Residential Interim Regulations, 2000-069, for the following building permits applications: 3517 Teasley, Small Animal Clinic, 2,200 square feet 1611 E. McKinney, Hawkins Car Wash, 2,404 square feet Daugherty Street, Lease Building, 6,520 square feet 1209 Bent Oaks, Medical Office, 3,804 square feet Teasley at 1-35, Exxon Store, 3,000 square feet 1101 Dallas Drive, Quik Stop, 1,472 square feet Mingo Road, Telemarketing Business, 36,465 square feet 526 Smith, Mechanic Shop, 546 square feet 600 Smith, Lease Building, 10,000 square feet Nowlin Road, Prime Co. Cell Tower, 130 square feet 408 Wainwright, Lease Office, 10,728 square feet 1201 Parvin, Borman Elementary, 26,000 square feet 3300 Evers Park, Evers Park Elementary, 12,577 square feet 820 Sun Valley, Ginnings Elementary, 17,000 square feet Colorado Drive, Medical Office Building, 33,161 square feet Bollivar, St. Andrews Presbyterian Church, 16,660 square feet 520 Ft. Worth Drive, AB Storage, 23,160 square feet Airport Road, Tetra-Pak Addition, 26,000 square feet Colorado Boulevard, Medical Office Building, 3,3612 square feet 1210 Duncan, Warehouse, 16,500 square feet BACKGROUND The above list represents projects that currently have Building Permit applications that are subject to Ordinance 2000-069, known as the Nonresidential Interim Regulations, that was adopted by City Council on March 2nd, 2000. These projects are subject to the regulations because building permits were added to the definition of "Development Applications" while the ordinance was being drafted. This change was made to allow property to be platted prior to receiving Project Plan approval and was not intended to make building permits subject to the provisions of the ordinance. This request is to rectify the issues on an immediate basis while an amendment to the ordinance is being initiated. The proposed schedule for the amendment will be to place it on the Planning and Zoning Commission meeting of April 12, 2000 and on the City Council's agenda of May 2, 2000. The amendment is necessary as there are undoubtedly more developments that will need relief from this existing provision that subjects building permits to the Interim Non-residential Ordinance. The ordinance contains standards with which nonresidential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted, Ordinance 2000-069 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council: 5. Relief requests The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the nonresidential development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. Co In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (1) whether granting relief from the nonresidential standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (2) the suitability of the proposed nonresidential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (3) the impact of the proposed nonresidential use on the transportation and other public facilities systems affected by the development; (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounding properties; (5) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (6) the total expenditures made in connection with the proposed nonresidential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; and (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. d. The City Council may take the following actions: (1) deny the relief request; (2) grant the relief request; or (3) ~rant thc relief request subject to conditions consistent with the criteria set forth in this section. 6. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property fight. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above). RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. ESTIMATED PROJECT SCHEDULE Review schedules are discussed in the attachments. PRIOR ACTION/REVIEW The Council, on March 2, 2000, reviewed one request for relief from Non-Residential Ordinance: 1. Kerestine property - approved with conditions. The Council, on March 7, 2000, reviewed three requests for relief from Non-Residential Ordinance: 1. 1508 N. Elm- approved 2. 1513 N. Locust- approved 3. RNW Addition - approved FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim financial harm, an issue that may be evaluated by Council. ATTACHMENTS 1. Table of project information. Respectfully submitted: Director of Planning & Development AGENDA INFORMATION SHEET Agenda Item Date AGENDA DATE: DEPARTMENT: ACM: March 21, 2000 Electric Howard Martin, 349-8232 SUBJECT: AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MAYHILL ROAD REALTY CO., RELATING TO THE PURCHASE OF 0.9628 ACRE OF LAND LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, OF DENTON COUNTY, TEXAS, FOR THE UTILIZATION FOR ELECTRICAL SUBSTATION EXPANSION AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The addition of substation capacity is necessary due to our loading criteria. The Pockrus/Page substation operated at 38.43 MVA in the summer of 1999, which is 77% of the rated capacity of 50 MVA. The addition of the Lakeview Ranch Development, The Preserve, the new Denton Regional Hospital, Wynstone and Oakmont II developments will increase loading on the existing Pockrus/Page Road Substation to 62 MVA. This would be 12 MVA over the 55-degree centigrade rise rating of the existing transformers or 120% of rated capacity. By expanding this facility, DME will be able to adequately feed these large developments as well as provide for a loop feed capability for all of the new subdivisions along the FM 2181 corridor. This additional capacity will provide assurance of reliable service to the Southridge, Forrestridge, and Montecito areas. OPTIONS: 1. Purchase the land and expand the existing substation ensuring an adequate power supply for the growing southeast area of Denton. 2. Denying the purchase would necessitate the acquisition of land and the construction of a completely new substation thereby increasing the total cost dramatically due to the requirement of tapping the 138 Kv transmission line. Should we be fortunate enough to purchase land adjacent to the existing transmission line, the cost of necessary structures to tap the line would amount to approximately $500,000 above the cost of land. Purchase of land remote to the transmission line would require construction of transmission line at approximately $1,000,000 per mile. RECOMMENDATIONS: Denton Municipal Electric recommends proceeding with purchase of the proposed land. ESTIMATED SCHEDULE OF PROJECT: Purchase upon approval by City Council. PRIOR ACTIONfREVIEW Public Utility Board directed DME to take this purchase to the City Council for approval. SCAL FORM TION: The current asking pric~ for the land is $2.62 / sq. t~.; this would s~m acceptable since we paid $2.50 / sq. fL for the existing Pockrus/Page substation land in 1984. The price ogthe proposed purchase of.9628 acres of land will be $109,666.62. MAP: Exhibit A- Plat Exhibit Respectfully submitted: ~gh~aron l~ays Director of Electric Utility Su~endent EXHIBIT A ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MAYHILL ROAD REALTY CO., RELATING TO THE PURCHASE OF APPROXIMATELY 0.9628 ACRE OF LAND LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330 OF DENTON COUNTY, TEXAS, FOR THE UTILIZATION FOR ELECTRICAL SUBSTATION EXPANSION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Mayhill Road Realty Co., in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of approximately 0.9628 acre of land for utilization for electrical substation expansion. SECTION 2. That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between MAYHILL ROAD REALTY CO., A TEXAS GENERAL PARTNERSHIP (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the te~s and conditions set forth herein. PURCHASE AND SALE. Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Purchaser shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by April 28, 2000 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $109,666.62. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction in whole 'or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy co==L~itment (the "Commitment") accompanied by copies, of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Co~L=~itment that the condition of title as set forth in the Co~=~itment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Purchaser shall, at Purchaser's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Purchaser is-unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser shall have ten (10) days after the receipt of the survey (but in no event later than thirty (30) days from the date of this agreement) to review and approve the survey, or, in the event the purchaser finds the survey unacceptable or objectionable for any reason, to give Seller written notice of such objections. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to 9urc~aser. 'gurchaser's ~ailure to give ~eller AEE008FE PAGE 2 this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be perfo~Led, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, Seller has received no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. To the best of the seller's knowledge, Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as a/nended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before April 28, 2000, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). AEE008FE PAGE 3 CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller'sha11: A. Deliver to City of Denton a duly executed and acknowledged Special Warranty Deed in the foa~LL as attached hereto as Exhibit "B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obliqations hereof; and 3. Any exceptions approved by Purchaser in writing. B. Purchaser to obtain a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring, fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closinq Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual focal of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser; 2. The exception as to restrictive covenants shall be endorsed "None of Record"; AEE008FE PAGE 4 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable";' and 4. The exception as encumbering the Property endorsed "None of Record". to liens shall be C. Deliver to Purchaser possession of the Property on the day of Closing. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closinq Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. Ail other costs and expenses of closing in consolidating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser. REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and timely perfo~=~ any of its obligations hereunder or Shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific perfo~=Lance of this Agreement, or te~=~inate this Agreement by written notice delivered to purchaser. AEE008FE PAGE 5 MISCELLANEOUS 1. Assiqnment of Aqreement. This Agreement may be assigned by Purchaser to any related governmental entity without the express written consent of Seller. 2. SUrvival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered.hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where pe~,,itted by this Agreement. 6. Leqal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceahility shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Aqreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of 'any ~end~r used in ~hi~ A~r~enn~n= AEE008FE PAGE 6 shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement Suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Seller, Purchaser shall have the right to te~Linate this Agreement upon written notice to Seller. DATED this day of , 2000. SELLER MAYHILL ROAD REALTY CO. PURCHASER THE CITY OF DENTON, TEXAS BY: STEPHEN J. ZIFF Michael W. Jez City Manager 215 E. McKinney Denton, Texas 76201 AEE008FE PAGE 7 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this __ day of · 2000 by Michael W. Jez, City Manager, of the City of Denton, a municipal.corporation, known to me to be the person and officer whose name is Subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perfoz~LL the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF COUNTY OF This instrument is acknowledged before me, on .this of , 2000 by STEPHEN J. ZIFF. day Notary Public in and for the State of AEE008FE PAGE 8 EXHIBIT ~A" BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO MAYHILL ROAD REALTY COMPANY BY DEED RECORDED IN VOLUME 1441, PAGE 606, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (RPRDCT), AND BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; C~i~encing at the southeast corner s~dMayhill Road Realty Company tract, said corner being at the intersection of the west right of way line of the M.K.T. Railroad with the centerline of Pockrus/Page road; THENCE N 85° 43' 16" W, with the centerline of Pockrus/Page road, a distance of 753.97 feet; THENCE N 07° 14' 09" E, a distance of 317.51 feet; THENCE N 52° 03' 09" E, passing at 35.47 feet the northwest corner Of a tract of land conveyed to the City of Denton by deed recorded in volume 1814, page 619 RPRDCT, continuing a total distance of 207.00 feet to the northerly corner of said City tract and the POINT OF BEGINNING; THENCE S 37° 56' 50" E, along the northeasterly boundary line of said City tract, a distance of 150.00 feet to the southeasterly corner of said City tract; THENCE S 52° 03' 09" W, along the southeast boundary line of said City tract a distance of 242.00 feet to the southerly corner of said City tract; THENCE S 37° 56' 50" E, a distance of 50.00 feet to a point for a corner; THENCE N 52° 03' 09" E, a distance of 383.84 feet to a point in the northeast line of said Mayhill Road Realty Co~-~any tract and the southwest right of way of said M.K.T. RR. ~or a corner, said point being the beginning of a curve to the right with a radius of 2914.79 feet; THENCE Northwesterly, along said lines and with said curve to the right, through a delta angle of 03° 56' 05", an arc distance of 200.17 feet, and a chord of N 35° 56' 36" W, 200.13 feet to a northeasterly corner of said Mayhill Road Realty Company tract; THENCE S 52° 02' 54" W, a distance of 153.84 feet to the POINT OF BEGINNING, and containing 41,939.18 square feet of land (0.9628 acres), more or less of which 5,383.54 square feet lie within an existing easement for a net of 36,555.54 square feet. Date: EXHIBIT ~B" SPECIAL WARRANTY DEED Grantor: MAYHILL ROAD REALTY CO., A TEXAS GENERAL PARTNERSHIP Grantee: City of Denton Grantee's Mailing Address (including county): City of Denton 215 E. McKinney Street Denton, Texas 76201 Denton, County Consideration: TEN DOLLARS AND NO/100 ($10.00) and other good and valuable consideration. Property (including any improvements): All those certain tracts of land being situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas and being more particularly described in ~EXHIBIT A" attached hereto and by this reference being made a part hereo~ for all purposes. Reservations From and Exceptions to conVeyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not~ all presently recorded inst~ments, other than liens and conveyances, that affect the property. GRANTOR , for the consideration, receipt of which is hereby acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and slngular the rights and appurtenances thereto in any wise belonglng, to have and to hold it to GRANTEE, GRANTEE'S heirs, executor, a~ministrators, successors or assigns forever. GRANTOR binds GRANTOR and GRANTOR~S heirs, executors, administrators and successors to Deed -1 AGENDA INFORMATION SHEET Agenda No~ Aoenda~tem., ~-~ AGENDA DATE: March 21, 2000 DEPARTMENT: Engineering & Transpo~a~o/n CM/DCM/ACM: Dave Hill, 349-8314 ~ ~ SUBJECT Consider an ordinance of the city of Denton, Texas, partially abandoning and vacating three sixty foot easements that extend from Stanley Street, Thomas Street and Hillcrest Street recorded in volume 408, page 33 of the deed records of Denton county, Texas; and declaring an effective date. BACKGROUND Mr. John Porter has requested that the City of Denton abandon three 60-foot wide easements that traverse his property located at the southeast intersection of Bonnie Brae and U. S. 380. The easements that traverse the affected properties were granted in Volume 408, Page 33 of the Deed Records of Denton County, Texas, which constitute the extension of Stanley Street, Thomas Street and Hillcrest Street from the north fight-of-way line of Emery Street to the south right-of- way line of U. S. Highway 380 (West University Drive). The streets were proposed to extend from the south right-of-way of Crescent Street to U. S. Highway 380; however, the streets were partially constructed from Crescent Street to Emery Street, but were never completed to U. S. Highway 380. OPTIONS Not applicable. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) DRC approved on March 2, 2000 FISCAL INFORMATION N/A Attached ChrystS~her O'~ens Technical Assistant Right-of-Way Respectfully submitted: J~ry)glark, I~ir~ector Ei~g~¢ering & Transportation 1 ~ C~ty of Denton I Enginee~ng & Transportation Depart~zent ~ Rigkt-of- Way Divi~on ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PARTIALLY ABANDONING AND VACATING THREE SIXTY FOOT EASEMENTS THAT EXTENDS FROM STANLEY STREET, THOMAS STREET AND HILLCREST STREET RECORDED IN VOLUME 408, PAGE 33 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for a partial abandonment of three 60 foot easements; and WHEREAS, the city staff has reviewed the requested abandonment and recommended approval; and' WHEREAS, the City Council of the City of Denton has determined that the portion of the easements being vacated are no longer needed for public use; and WHEREAS, the process for determining fair market value of the portion of the Utility Easement being vacated, as applicable, pursuant to TEX. LOC. GOV'T CODE §272.001 shall be followed in effectuating this abandonment; NOW, THEREFORE, THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS: SECTION 1. That the portion of the easements recorded in Volume 408, Page 33 of the Deed Records of Denton County, Texas and more particularly described in Exhibit "A" and shown in Exhibit "B" which are attached hereto and incgrporated herein by reference, is vacated and pennanently abandoned as a public easement, to the extent described in Exhibit "A" and Exhibit "B". SECTION 2. That the interests of the City of Denton in the easement above described is hereby released and will revert to the owners as provided by law. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 5'. EXHIBIT "A" All that certain lot, tract or parcel of land lying and being situated in the Robert Beaumont Survey, Denton County, Texas, and being part of a (called) 10.053 acre tract of land described in a deed to John W. Porter and wife, Margaret Porter, dated March 4, 1999, as recorded under County Clerk's File No. 99-R0024866 of the Real Property Records of Denton County, Texas, and part of Lots 1 and 2, of the McClendon Properties Subdivision, an addition to the-City and County of Denton, Texas, according to the plat thereof recorded in Cabinet J, Page 29 (formerly held in Volume 4, Page 26) of the Plat Records of Denton County, Texas, also being part of a tract of land described in a deed to Eagle Farms, Inc. as recorded under County Clerk's File No. 99-R0023944 of the Real Property Records of Denton County, Texas, and being part of Tracts I, II, and IV as described in Volume 408, Page 33 of the Deed Records of Denton County, Texas, and being more particularly described as follows: TRACT 1 Being part of said Tract I, a 60-foot wide strip of land, constituting an extension of Hillcrest Street, from the north fight-of-way of Emery Street across said Lots 1 and 2 of the McClendon Properties Subdivision and said Eagle Farms tract to the south right-of- way of U. S. Highway 380 (West University Drive). TRACT 2 Being part of said Tract II, a 60-foot wide strip of land, constituting an extension of Thomas Street from the north right-of-way of Emery Street across said 10.053 acre tract to the south right-of-way ofU. S. Highway 380 (West University Drive). TRACT 3 Being part of said Tract IV, a 60-foot wide strip of land, constituting an extension of Stanley Street from the north right-of-way of Emcry Street across said 10.053 acre tract to the south right-of-way ofU. S. Highway 380 (West University Drive). EXHIBIT "B" ~ , ~1. 2611 I~i. 1~ I.OT~ ~T 1 ~ Cl~ OF DENTON ~-oooo~ ~j~ ENGINEERING&T~SPORTATION DEPARTMENT Chis . RIOHT~F-WAY DIVISION f I 3/1/00 AGENDA INFORMATION SHEET Data .... AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 21, 2000 Engineering & Trans~ Dave Hill, 349-8314 SUBJECT An ordinance approving an agreement between the City of Denton, Texas and RPI providing for the payment of the cost of condemnation for a fire lane and access easement in the R. Beaumont Survey, Abstract No. 31; and providing an effective date. BACKGROUND The owner of Denton Center Shopping Center, Retail Plazas, Incorporated (RPI) has petitioned the City of Denton to obtain the above referenced easement in order to allow for optimal access at the pending signalized intersection of Sherman Drive and Carroll Boulevard. RPI is anticipating an expansion of the existing Kroger grocery store, eastward, which in turn would compel additional access to Carroll Boulevard for exiting delivery trucks and vehicles. Early on RPI and Kroger approached City staff and requested an offset drive approach, just south of the Sherman Drive projection, on RPI property. The Engineering & Transportation Department would not support their drive approach scenario because of its close proximity to the Carroll Boulevard / Sherman Drive intersection. It is not safe or prudent to allow an uncontrolled driveway immediately adjacent to an intersection, controlled or otherwise. This intersection is currently problematic in its alignment and signalization is slated within the next two years to mitigate conflicts. Staff directed RPI to coordinate a joint access driveway with the adjacent property owner that would line up with the Carroll Boulevard / Sherman Drive intersection. City staff has encouraged RPI, Kroger and the North Texas State Fair Association (NTSFA) to reach an equitable solution regarding access. It is our understanding that their neighbor relationship has been strained, especially over the last few years, regarding a wide range of issues relating to their respective operations. There has been positive dialogue at times regarding the proposed access driveway. In October of 1999, RPI obtained an independent appraisal for the proposed access tract (0.125 acre). The appraisal reported a market value of $21,836 or $4.00/square foot. Correspondence between RPI/Kroger and NTSFA indicates an initial offer in November of 1999 by RPI of $25,000 for the access easement plus RPI would bear all costs for fence relocation and access driveway paving. RPI also committed to maintain the access driveway paving. In addition, Kroger pledged that they would be a sponsor of NTSFA at $1,000 per year for a period often years. NTSFA countered RPI's offer by requesting $100,000 plus all ancillary costs and liabilities to be borne by RPI / Kroger. NTSFA also countered to Kroger, requesting corporate sponsorship of $10,000 per year for a period of ten years. The respective parties are now at an impasse on price and terms. NTSFA are now in the process of obtaining their own professional independent appraisal in order to further quantify the issue on their behalf. That appraisal has only been recently commissioned and its status for completion is not known. NTSFA may choose not to release their appraisal findings. RPI has asked staff to move forward and petition the Council for assistance in obtaining the proposed access tract in case negotiations come to a standstill. RECOMMENDATION Staff endorses the approval of the ordinance by the public necessity o£ promoting sa£e vehicular travel. PRIOR ACTION/REVIEW (Council, Boards~ Commissions) None FISCAL INFORMATION All costs to be reimbursed to City o£Denton MAP Attached Prepared by: Paul Williamson Right-of-Way Agent David Salmon, Engineering Administrator Engineering & Transportation $[TE MAP ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND RPI PROVIDING FOR THE PAYMENT OF THE COST OF CONDEMNATION FOR A FIRE LANE AND ACCESS EASEMENT IN THE R. BEAUMONT SURVEY, ABSTRACT NO. 31; AND PROVIDING AN EFFECTIVE DATE. · THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute an Agreement between the City and RPI, in substantially the form of the Agreement which is attached hereto and made a part of this ordinance for all purposes, for the payment of the cost of the condemnation for a fire lane and access easement as more particularly described in the attached Agreement. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: THE STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT BETWEEN THE CITY OF DENTON AND RPI {ADD COMPLETE NAME}, AND PROVIDING FOR THE PAYMENT OF THE COST OF CONDEMNATION WHEREAS, RPI { provide correct legal name, type of entity and address}desires the City of Denton to promote safe vehicular traffic movement and economic development by providing RPI and neighboring property owners an access and fire lane easement (the "Easement") to Carroll Boulevard as more particularly described herein; and WHEREAS, Article 3, Section. 52-a of the Texas Constitution and Section 380.001, Tex. Loc. Govt. Code provide the promotion of economic development is a public purpose; and Section 251.001 Tex. Loc. Govt. Code provides Public Safety is a public purpose; and WHEREAS, RPI will provide for and pay the cost of the Easement and facilities if the City will negotiate and purchase the Easement; and WHEREAS, RPI has been unable to purchase the Easement at fair market value; and WHEREAS, RPI has requested, in accordance with the State law, that the City use its power of eminent domain to obtain the Easement; and WHEREAS, the condemnation of the Easement would be in the public interest and for a public purpose; NOW, THEREFORE, WITNESSETH: This agreement made this __ day of ,2000, by and between RPI and the City of Denton, Texas ("City"), in consideration of the mutual covenants and promises of each, agree as follows: I. Attorney's Services. The City Attomey, with the approval of RPI shall retain local counsel to provide the legal services to institute and pursue proceedings in eminent domain to acquire the Easement for access and fire lane purposes, said easement being more particularly in Exhibit "A" attached hereto and incorporated by reference. The City Attorney shall assist local counsel in preparing all petitions, motions, notices, and other legal documents necessary to initiate and prosecute condemnation proceedings. II. Payment of Condemnation Costs by RPI. All filing fees and courts costs, appraiser, expert witness and local counsel fees, condemnation awards, recording fees, or other cost or fees resulting from the condemnation ( called "Costs") shall be paid by RPI. IH. Payment of Acquisition Cost by RPI. RPI agrees that it will pay the award for the condemnation made either by the Special Commissioners, or on appeal, by judgment of the court. Should the condemnation case be non-suited or dismissed at any time prior to the entering of a judgment in this matter, RPI agrees to pay any costs assessed by the court against City including, but not limited to, attorney and expert witness fees of the condemnee. IV. Appeal of Commissioner's Award. If, by reason of the amount of the awed made, PPI is obligated to pay in satisfaction of the award any amount in excess of market value for the Easement, then PPI may request, in writing within ten days of said award, that City appeal the award made. Upon such request and the City's determination that the award was excessive, the City may, in fulfillment of its sovereignty duties and obligations within its sole discretion, authorize an appeal of the award. If, after RPI requests such appeal, City appeals the award made, RPI shall pay all costs of such appeal. Upon final judgment of such appeal, RPIshall pay the judgment of the appellant court. V. Escrow of Funds. Before the City shall proceed with any proceedings, RPI shall pay to the City $50,000.00 in escrow as security for the payment of the Costs (the "Escrow"). Should the Costs exceed the Escrow, PPI shall tender to the City the difference together with an amount deemed reasonably necessary by the City to continue to prosecute the case, no later than 30 days after written notice from the City. A failure to supplement the Escrow within said 30 day period may result in the City's termination of the case at PPI's sole expepse. PPI understands that the Commissioners' Award together with other costs to that date could exceed the amount of the Escrow. In such case PPI would have to pay to the City the difference, before the amount of the Commissioners' Award could be deposited and possession of the Easement could be obtained, pending final disposition of the case. If the Escrow exceeds the Costs, the City shall reimburse PPI the difference no later than 60 days after entry of a final non-appealable judgment, date of settlement with the condemnees, or date the condemnation is terminated or abandoned, whichever occurs first. The City shall pay no interest on the Escrow. The City is permitted to draw money out of the Escrow at any time for payment of the Costs, or any portion thereof. VI. Hold Harmless. PPI agrees that the acquisition of the Easement provided for in this agreement is for the sole purpose of allowing PPI, the public and neighboring property owners to have access and fire lane improvements for the public purpose of promoting safe vehicular traffic movement and economic development by better handling vehicular traffic from its property to and from Carroll Blvd. PPI agrees to hold the City harmless from, and shall indemnify City for, any claim, loss or damage arising or resulting fi'om any act of RPI, its agents, employees, contractors, or representatives, in acquiring the Easement and constructing said improvements. PPI further agrees that it shall not make any claim against City, or hold City liable, for any loss or damage suffered or incurred by RPI as a result of any interruption or delay in condemning or acquiring any property necessary for PPI to complete any required off-site access improvements resulting from any legal challenge to the right of City to condemn the land specified in this agreement, or any other delay which results from any cause not within the reasonable control of City. VII. Entire A[~reement. This instrument contains thc entire asrecmcnt between thc parties, and no statement, promise, or inducements made by any party or agent of any party that is not contained in this written contract shall be valid or binding; and this agreement may not be enlarged, modified, or altered except in writing signed by all the parties and endorsed hereon. PAGE 2 VII. Venue. Any action at law, suit in equity or judicial proceeding for the enforcement of this contract or any provision thereof shall be instituted only in the courts of Denton County, Texas, VIII. Assignment. It is 'agreed by the parties that there will be no assignment of this agreement withOut the written consent to all other parties. EXECUTED on the date first above written. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY Michael Jez, CITY MANAGER 215 E. McKinney Denton, Texas 76201 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: RPI BY: NalTle' Title: Address: ATTEST: PAGE 3 8 EXHIBIT A FIELD NOTES 0.125 ACRE BEING all that certain lot, tract or parcel of land situated in the R. Beaumont Survey Abstract Number 31 in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from W.C. Kimbrough to Denton County Agricultural Fair Association recorded in Volume 346, Page 199, Deed Records Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod set for corner in the west line of Carroll Boulevard, a public roadway, said point being the northeast corner of that certain tract of land conveyed by deed from Folsom Investments, Inc. to Denton Center Joint Venture recorded in Volume 993, Page 369, Deed Records, Denton County, Texas; THENCE N 89° 39' 44" W, 133.00 feet with the north line of said Denton Center Joint Venture tract to an iron rod set for corner; THENCE N 49° 02' 48" E, 80.32 feet to an iron rod set for corner; THENCE S 89° 39' 44" E, 73.00 feet to an iron rod set for corner for corner in said west line of said Carroll Boulevard; THENCE S 00° 42' 45" W, 53.00 feet with said west line of said Carroll Boulevard to the PLACE OF BEGINNING and containing 0.125 acre of land. 0.125 ACRE FIRE LANE AND ACCESS EASEMENT A ' V .~ V ~' ~~C%~ °°'~'~" ~ ~:.oo, %. ARROI_I_ £OUI.£YARD lO AGENDA INFORMATION SHEET Agenda No. ,, gO- O/~ Agenda Item, Z/~/ ........ / / AGENDA DATE: March 21, 2000 DEPARTMENT: CMfDCM/ACM: Engineering & Transp~ Dave Hill, 349-8314 SUBJECT An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.125 acre fire lane and access easement being located in the R. Beaumont Survey, Abstract No. 31 in the City of Denton, Denton County Texas; authorizing the City Manager or his designee to make an offer to purchase the easement for its fair market value and if such offer is refused, authorizing the City Attorney or his designee to institute the necessary proceedings in condemnation in order to acquire the easement; and providing an effective date. BACKGROUND The owner of Denton Center Shopping Center, Retail Plazas, Incorporated (RPI) has petitioned the City of Denton to obtain the above referenced easement in order to allow for optimal access at the pending signalized intersection of Sherman Drive and Carroll Boulevard. RPI is anticipating an expansion of the existing Kroger grocery store, eastward, which in turn would compel additional access to Carroll Boulevard for exiting delivery tracks and vehicles. Early on RPI and Kroger approached City staff and requested an offset drive approach, just south of the Sherman Drive projection, on RPI property. The Engineering & Transportation Department would not support their drive approach scenario because of its close proximity to the Carroll Boulevard / Sherman Drive intersection. It is not safe or prudent to allow an uncontrolled driveway immediately adjacent to an intersection, controlled or otherwise. This intersection is currently problematic in its alignment and signalization is slated within the next two years to mitigate conflicts. Staff directed RPI to coordinate a joint access driveway with the adjacent property owner that would line up with the Carroll Boulevard / Sherman Drive intersection. City staff has encouraged RPI, Kroger and the North Texas State Fair Association (NTSFA) to reach an equitable solution regarding access. It is our understanding that their neighbor relationship has been strained, especially over the last few years, regarding a wide range of issues relating to their respective operations. There has been positive dialogue at times regarding the proposed access driveway. In October of 1999, RPI obtained an independent appraisal for the proposed access tract (0.125 acre). The appraisal reported a market value of $21,836 or $4.00/square foot. Correspondence between RPI/Kroger and NTSFA indicates an initial offer in November of 1999 by RPI of $25,000 for the access easement plus RPI would bear all costs for fence relocation and access driveway paving. RPI also committed to maintain the access driveway paving. In addition, Kroger pledged that they would be a sponsor of NTSFA at $1,000 per year for a period often years. NTSFA countered RPI's offer by requesting $100,000 plus all ancillary costs and liabilities to be borne by RPI / Kroger. NTSFA also countered to Kroger, requesting corporate sponsorship of $10,000 per year for a period of ten years. The respective parties are now at an impasse on price and terms. NTSFA are now in the process of obtaining their own professional independent appraisal in order to further quantify the issue on their behalf. That appraisal has only been recently commissioned and its status for completion is not known. NTSFA may choose not to release their appraisal findings. RPI has asked staff to move forward and petition the Council for assistance in obtaining the proposed access tract in case negotiations come to a standstill. RECOMMENDATION Staff endorses the approval of the ordinance by the public necessity of promoting safe vehicular travel. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION All costs are to be reimbursed to City of Denton MAP Attached Pr/~ed by: Paul Williamson Right-of-Way Agent David Salmon, Engineering Administrator Engineering & Transportation i I1 .... ~tl ....... II ri " ~ F C~¢~ of Enginee~ng & Transportation Department Rigkt-of - Way Divi~on SITE IVlAP --lgVEFtY F:~SHAREDkDEPT~LGL\Our Documen~s\Ordinances\00~Fair Association. Condenmation Ordinance.doc ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.125 ACRE FIRE LANE AND ACCESS EASEMENT. BEING LOCATED IN .THE R. BEAUMONT SURVEY, ABSTRACT NO. 31 IN THE CITY OF DENTON, DENTON COUNTY TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE EASEMENT FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of the fire lane and access easement as hereinafter described; and WHEREAS, the hereinafter described property is believed to be owned by the Denton County Agricultural Fair Association (the "Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The public necessity exists and public welfare and convenience require the acquisition of a fire lane and access easement in the name of the City of Denton, Texas in, over, across and upon that certain tract or parcel of land containing approximately 0.125 acre as more particularly described in Exhibit "A", attached hereto' and made a part hereof by reference (hereinafter called the "Easement" or "Easement Property"), to construct, reconstruct, install, repair and perpetually maintain fire lane and motor vehicle access improvements and facilities to and from Owner's Property (as described in'Volume 346, Page 199, of the Deed Records of Denton County, Texas) and the Denton Center Property (as described in Volume 993, Page 369 of the Deed Records of Denton County, Texas). The Easement shall also include the right to remove and keep removed any and all improvements within and upon the Easement Property. SECTION 2. The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the Owner of the Easement Property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction. SECTION 3. That in the event the offer as described in Section 2 is refused by the . Owner of the Easement Property, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Easement t'roperty to acquire the Easement in the name oftlae City of Denton, Texas. SECTION 4. If it should be subsequently determined that additional parties other than those named herein have an interest in the Easement Property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FO,~RM: BY: ~----~,~-.~ s..-~ ./ ~ Page 2 6 EXHIBIT A FIELD NOTES ' 0.125 ACRE BEING all that certain lot, tract or parcel of land situated in the R. Beaumont Survey Abstract Number 31' in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from W.C. Kimbrough to Denton County Agricultural Fair Association recorded in Volume 346, Page 199, Deed Records Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod set for corner in the west line of Carroll Boulevard, a public roadway, said point being the northeast corner of that certain tract of land conveyed by deed from Folsom Investments, Inc. to Denton Center Joint Venture recorded in Volume 993, Page 369; Deed Records, Denton County, Texas; THENCE N 89° 39' 44" W, 133.00 feet with the north line of said Denton Center Joint Venture tract to an iron rod set for corner; THENCE N 49° 02' 48" E, 80.32 feet to an iron rod set for corner; THENCE S 89° 39' 44" E, 73.00 feet to an iron rod set for corner for corner in said west line of said Carroll Boulevard; THENCE S 00° 42' 45" W, 53.00 feet with said west line of said Carroll Boulevard to the PLACE OF BEGINNING and containing 0.125 acre of land. 0.125 ACRE FIRE LANE AND ACCESS EASEMENT S ~_'4 00' CARROLL BOULEVARD AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 21, 2000 Engineering & Transp~. n Dave Hill, 349-8314 SUBJECT Consider an ordinance authorizing the City Manager to sign an agreement partially releasing an easement granted to the City from a blanket easement previously assigned to the City of Denton from Brazos Electric Power Cooperative; and providing an effective date. BACKGROUND Mr. Michael Neitzel has requested that the City of Denton release an easement that was originally granted by J. F. Mason and wife to Brazos River Transmission Electric Cooperative, Inc., dated 6/19/52, as recorded in Volume 381, Page 512 of the Deed Records of Denton County, Texas, and being subsequently assigned to the City of Denton, filed 3/1/90, as recorded in Volume 2736, Page 825 of the Real Property Records of Denton County, Texas, as it is a blanket easement in nature and was intended to be relocated to affect only the portion of the property that the transmission line traverses. However, the property was divided in half for development and this blanket easement has created a cloud on the title which will be removed by this release. OPTIONS Not applicable. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Approved by electric department FISCAL INFORMATION N/A MAP Attached Pre~/~ed by: ~& Chrys~t~er O~vens Technical Assistant Right-of-Way Respectfully submitted: ~E~. e~er~.k'~&irect°r Transportation ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT PARTIALLY RELEASING AN EASEMENT GRANTED TO THE CITY FROM A BLANKET EASEMENT PREVIOUSLY ASSIGN-ED TO THE CITY OF DENTON FROM BRAZOS ELECTRIC pOWER COOPERATIVE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute an Agreement between in substantially the form of the Easement Agreement which is attached to and made a part of this ordinance for all purposes, for the defining and partially releasing an easement granted to the City of Denton fi:om a blanket easement previously assigned to the Brazos Electrical poWer Cooperative. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: AGREEMENT RELEASING AREA EMBRACED WITHIN EASEMENTS OF THE CITY OF DENTON WHEREAS, the following easement or easements have been executed in favor of the City of Denton, (hereinafter referred to as "City"), to-wit: Easement and Right-of-Way from J. F Mason and wife Catherine Mason to Brazos River Transmission Electric Cooperative, Inc., dated 6/19/52, fried 8/4/52, recorded in Volume 381, Page 512 of the Deed Records of Denton County, Texas, as assigned to the City of Denton from Brazos Electric Power Cooperative, Inc., filed 3/1/90, recorded in Volume 2736, Page 825 of the Real Property Records of Denton County, Texas. WHEREAS, said Easement is a blanket easement and does not describe the area where the electric line is located and the present record owner of the land referred to therein has requested the City to release the area embraced within its Easement as it affects the property described in Exhibit "A" and "B" as attached hereto and made a part hereof. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the City, for and in consideration of the mutual advantages to accrue to it and to the present and future owners of the land described in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes. IT IS EXPRESSLY UNDERSTOOD AND AGREED this release applies only to the land described in Exhibits "A" and "B" and any grant in favor of the City contained in said original Easement, not forming a portion of the land described in Exhibits "A" and "B" remains in full force and effect and is in no manner waived or impaired. EXECUTED on this the __ day of ,2000. CITY OF DENTON BY: Michael W. Jez City Manager THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for the State of Texas, on this day personally appeared Michael W. Jez, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said CITY OF DENTON, and that he executed the same as the act of said City for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this __ ., 2000. day of Notary Public, State of Texas My commission expires EXHIBIT A COLEMAN & ASSOCo SURVEYING P.O. Box 686 ~ Denton, Texas 76202-0686 { (940) 565-8215 ~ FAX(940) 387~0603 23.350 ACRE TRACT 1 FIELD NOTES to all that certain tract of land situated in the A. Serren Survey Abstract Number 1198, Denton County, Texas and being a part of the called 23.292 acre Tract 1 and part of the called 23.292 acre Tract 2 described in the deed from Charley Mack Mason et ux to Charley M. Mason recorded in C.F.N. 97- R0079049 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Southwest corner of the tract being described herein, at a 1/2 inch iron rod set to replace a 50D nail found near a fence corner post at the Southwest corner of the said 23.292 acre Track 2 and salient corner of a called 448.7629 acre tract described in the deed from Blueridge Capital Corp. to Timberglen Co. recorded in C.F.N. 95-R0079950 of the Real Property Records of Denton County, Texas on the North line of Lake Sharon Drive; THENCE North 00 Degrees 33 Minutes 31 Seconds West along a wire fence with the West line of the 29.292 acre Tract 2, a distance of 1,185.87 feet to a 1/2 inch iron rod set for the Northwest corner of the herein described tract and Southwest corner of a 23.254 acre tract described in the deed to Denton Independent School District; THENCE South 88 Degrees 52 Minutes 51 Seconds East with the South line of the Denton Independent School District tract across the 23.292 acre tract 2 and the said 23.292 acre Tract 1 a distance of 867.76 feet to a 1/2 inch iron rod set on the East line thereof at the Southeast corner of the Denton Independent School District tract; THENCE South 00 Degrees 35 Minutes 09 Seconds East with the East line of the 23.292 acre Tract 1 a distance of 1,163.92 feet to a 5/8 inch iron rod found at the Southeast corner thereof on the North line of Lake Sharon Drive; THENCE North 89 Degrees 37 Minutes 42 Seconds West along a wire fence with the North line of Lake Sharon Drive and the South line of the 23.292 acre Tract 1 a distance of 432.78 feet to a 1/2 inch iron rod found at the Southwest corner thereof and the Southeast corner of the 23.292 acre Tract 2; THENCE South 88 Degrees 58 Minutes 19 Seconds West along a wire fence with the North line of Lake Sharon Drive and the South line of the 23.292 acre Tract 2 a distance of 435.24 feet to the PLACE OF BEGINNING and enclosing 23.350 acres of land. 7. EXHIBIT B COLEb AN & ASSOCo SURVEYENG Denton, Texas 76202-0686 P.O. Box 686 (940) 565-8215 ~ FAX(940) 387-0603 11.566 ACRE TRACT 2 FIELD NOTES to all that certain tract of land situated in the A. Serren Survey Abstract Number 1198, Denton County, Texas and being a part of the called 23.291 acre tract described in the deed from Charley Mack Mason et ux to Jessie Sue Mason Woolfolk recorded in Volume 671, Page 44 of the Deed Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Southeast corner of the tract being described herein, at a 1/2 inch iron rod set at the Southeast corner of the said 23.291 acre traact on the North line of Lake Sharon Drive; THENCE South 89 Degrees 13 Minutes 52 Seconds West along a wire fence with the North line of Lake Sharon Drive and the South line of the 23.291 acre tract a distance of 435.55 feet to a 1/2 inch iron rod found at the Southwest Corner thereof and the Southeast Corner of a called 23.292 acre Tract 1 described in the deed to Charley M. Mason recorded under C.F.N. 97-ROO79049 of the Real Property Records of Denton County, Texas; THENCE North 00 Degrees 35 Minutes 09 Seconds West with the East line of the said 23.292 acre Tract 1 and the West line of the 23.291 acre tract a distance of 1163.92 feet to a 1/2 inch iron rod set for the Northwest corner of the herein described tract and the Southwest corner of an 11.681 acre tract described in the deed to Denton Independent School District; THENCE South 88 Degrees 52 Minutes 51 Seconds East with the South line of the said Denton Independent School District tract across the 23.291 acre tract a distance of 435.75 feet to a 1/2 inch iron rod set on the East line thereof at the Southeast corner of the Denton Independent School District tract; THENCE South 00 Degrees 35 Minutes 06 Seconds East generally along a wire fence with the East line of the 23.291 acre tract a distance of 1149.56 feet to the PLACE OF BEGINNING enclosing 11.566 acres of land. kdm jd62-b/98059 i1~ AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: March 21, 2000 City Manager's Office Mike Jez, City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current Board/Commission vacancies/nominations: Lyrm Ebersole has resigned from the Human Services Advisory Committee. This is a nomination for Council Member Kristoferson. Chris King has resigned from the Traffic Safety Commission. This is a nomination for Council Member Kristoferson. Nicholas Eassa has resigned from the Construction Advisory and Appeals Board. This is a nomination for Council Member Cochran. Sergio Shearer has resigned from the Community Development Advisory Committee. This is a nomination for Mayor Pro Tem Beasley. Michiko Hayhurst has resigned from the Library Board. This is a nomination for Council Member Burroughs. Larry Collister has resigned from the Zoning Board of Adjustment. This is a nomination for Council Member Durrance. If you require any further information, please let me know. Re,~2.~ct fully ~.submitt/ed: / /J~_~e~'¥~lters (-City Secretary