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July 19, 2011 Agenda
AGENDA CITY OF DENTON CITY COUNCIL July 19, 2011 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, July 19, 2011 at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for July 19, 2011. 3. Receive a report, hold a discussion, and give staff direction regarding the implementation of a Wayfinding Signage Network. 4. Receive a briefing and hold a discussion regarding the Assessment of Existing Conditions and Findings of the Bonnie Brae-Ector Street Small Area Plan and provide timeline for completion. The Bonnie Brae-Ector Street Small Area Plan is approximately 271.2 acres, and is bounded to the north by Emery Street, to the south by West Oak Street, to the east by Jagoe and Ector Streets, and to the west by Bonnie Brae Street. 5. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to: (1) Section 35.22.4.G. of the Denton Development Code regarding a new provision grandfathering previously approved Planned Developments and Master Planned Communities from the standards and procedures enacted by Ord. No. 2010-181, as further amended by Ord. No. 2010-196; and (2) add new section 35.22.7.G. to the Denton Development Code regarding required disclosures to certain persons within specified distances of proposed gas well drilling and production activities. Following the completion of the Work Session, the City Council will convene in a Closed Meeting 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 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. CLOSED MEETING 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code Section 551.071. City of Denton City Council Agenda July 19, 2011 Page 2 1. Consult with City's attorneys regarding status of litigation styled Paper v. City of Denton, Cause No. 02-10-00239-CV, currently pending in the Court of Appeals, Second District of Texas. B. Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Real Property - Under Texas Government Code Section 551.072. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas, and located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. C. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to a property owner for the purpose of redeveloping a major retail facility in the City of Denton, located at Loop 288 and I-35E. This discussion shall include commercial and financial information the City Council has received from the property owner which the City Council seeks to have the property redeveloped in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. D. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with and provide direction to the City's attorneys regarding the claim and threat of litigation received from the Carolina Transformer Contribution Action Plaintiffs coalition, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council and to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Agenda July 19, 2011 Page 3 2. Consult with, and provide direction to, City's attorneys on legal issues associated with existing and potential regulation of gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, specifically including, but not limited to, the following general categories, as they may relate to such regulations: a. Legal issues and strategies associated with proposed and potential modifications to existing local regulations, as they relate to existing, proposed and potential gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, as well as limitations imposed upon the City's regulatory authority, with regard to such issues and strategies; and b. Legal issues and strategies associated with possible preemption of local regulatory standards relating to gas well drilling and exploration with the Denton city limits and extraterritorial jurisdiction, by existing, proposed and potential Federal and State legislation, and administrative regulations. 3. Consult with, and provide direction to, City's attorneys on legal rights, restrictions, obligations, and issues associated with the proposed annexation of DH-7, DH-9, and DH-12, where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation. 4. Consult with, and provide direction to, City's attorneys on legal rights, restrictions, obligations, and issues associated with the proposed annexation of an area along FM 2164 and west of Little Joe Road in the City of Denton's northern extraterritorial jurisdiction, where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN 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 §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. GOVT. CODE, §551.001, ET SE Q. (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 §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda July 19, 2011 Page 4 Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. 2011 City Livability Outstanding Achievement Award, for Sustainable Energy Programs. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: L LaDonna Womochel regarding approving the plat for the Robson Ranch development. 2. Steve Shepard regarding approving the plat for the Robson Ranch development. 4. 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, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - H). 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 A - H below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance awarding a contract to INX, Inc. for the lease purchase of Hardware, Software, and Professional Services to establish a Disaster Recovery Data Center for the City of Denton as awarded by the State of Texas Department of Information Resources (DIR-SDD-621/DIR-SDD-1418/DIR-SDD- 1386); providing for the expenditure of funds therefor; and providing an effective date (File 4759 - Lease Purchase of Hardware, Software and Professional Services for Disaster Recovery Data Center from INX, Inc. in the amount of $696,185.54, with total finance payments of $711,546.01). City of Denton City Council Agenda July 19, 2011 Page 5 B. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with SGS Engineering, LLC, to continue Engineering and Consulting Services for Capital Improvement Projects for Denton Municipal Electric, and providing an effective date (PSA 4755 - Professional Services Agreement for Engineering and Consulting Services for Capital Improvement Projects for Denton Municipal Electric awarded to SGS Engineering, LLC, in an amount not to exceed of $1,260,000). The Public Utilities Board recommends approval (5-0). C. Consider adoption of an ordinance accepting proposals and awarding a three year contract for the Installation of Underground Electric Service for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 4676 - Underground Service Installation awarded to Willbros T & D Services, LLC in the estimated three year amount of $2,909,012). The Public Utilities Board recommends approval (5-0). D. Consider adoption of an ordinance accepting proposals and awarding a three year contract for ready mix concrete for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFP 4732 - Ready Mix Concrete for the City of Denton awarded to Redi-Mix Concrete in the estimated three year amount of $450,000). E. Consider adoption of an ordinance awarding a contract for the lease of eighteen Mobile Data Computers (MDCs) for the City of Denton Fire Department as awarded by the State of Texas Department of Information Resources (DIR) through the Go Direct Program, contract number DIR-SDD-531; providing for the expenditure of funds therefor; and providing an effective date (File 4741 - Lease Eighteen Toughbook Mobile Data Computers awarded to Panasonic Finance Solutions in six semi-annual payments of $17,275 for a total amount of $103,650). F. Consider adoption of an ordinance of the City of Denton, Texas, amending the provisions of Chapter 18 relating to motor vehicles and traffic by re-numbering Section 18-95 "Stop Intersections" to Section 18-3.1; by adding Section 18-91.50 to prohibit stopping, standing, or parking of vehicles in certain places; by adding Section 18-91.51 establishing additional parking regulations; by amending Section 18-143 to change the minimum fines established for certain parking offenses; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee, to enter into an Interlocal Agreement with Denton County for the County to provide property tax billing and collection services for the City of Denton; providing a savings clause and providing an effective date. H. Consider appointments to the City's Boards & Commissions. 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee City of Denton City Council Agenda July 19, 2011 Page 6 4. Health & Building Standards Commission 5. Historic Landmark Commission 6. Human Services Advisory Committee 7. Library Board 8. Parks, Recreation and Beautification Board 9. Planning and Zoning Commission 10. Public Art Committee 11. Public Utilities Board 12. Traffic Safety Commission 13. Zoning Board of Adjustment 14. Economic Development Partnership Board 5. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton, Texas, ordaining the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act), providing State tax incentives, designating a liaison for communication with interested parties, and nominating Target Corporation to the office of the Governor, Economic Development & Tourism (EDT) through the Economic Development Bank (Bank) as an Enterprise Project (Project); establishing the boundaries of said zone, and providing an effective date. B. Hold a public hearing and consider adoption of an ordinance regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 4 (NR-4) zoning district on approximately 30.442 acres. The property is located north and west of Clubhouse Drive, south of Loon Lake Road and east of Ranch House Drive; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z11-0003, Unicorn Lake Estates) The Planning and Zoning Commission recommends approval with a restrictive overlay (5-1). C. Hold a public hearing and consider adoption of an ordinance providing for an amendment to the City of Denton Mobility Plan. The subject property is located on the west side of Teasley Lane (F.M. 2181), north of Ryan Road); and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. ((A11-0003, Teaslev Trails) The Mobility Committee recommends approval. The Planning and Zoning Commission recommends approval (5-1). D. Hold a public hearing and consider adoption of an ordinance regarding a 1,805.78+-acre Detailed Plan to amend two (2) previously approved detailed plans. The subject detailed plan will allow: (1) the creation and subsequent development of 4,288 single-family residential lots; (2) a golf course; (3) a baseball field; (4) the relocation of a previously approved gas well park (Gas Park 13) approximately 307 feet north from its previously approved location, and (5), the elimination of a previously approved gas park (Gas Park 9). The subject site is located north of Crawford Road, south of H. Lively Road, east of Florence City of Denton City Council Agenda July 19, 2011 Page 7 Road, and west of Hunter Ranch Master Planned Community (AMPC 10-0001); and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z08-0021, Robson Ranch Planned Development, PD-173) The Planning and Zoning Commission recommends approval subject to conditions (4-1). 6. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. C. Official Action on Closed Meeting Item(s) 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 2011 at 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 Agenda July 19, 2011 Page 8 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 2011 at 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. AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 DEPARTMENT: Planning ACM: Fred Greene SUBJECT: Wayfinding Signage Network Receive a report, hold a discussion, and give staff direction regarding the implementation of a Wayfinding Signage Network. BACKGROUND: On August 17, 2010, the City Council accepted the recommendations of the Downtown Implementation Plan (DTIP) prepared by Jacobs Engineering, Inc. The purpose of the DTIP is to serve as the catalyst to achieve the goals that define the vision for the Downtown Master Plan. The DTIP provides a set of physical plans and detailed recommendations to increase economic development in Downtown Denton. The DTIP defines specific action items to be undertaken in phases to implement the recommendations. In addition, The DTIP identifies an investment strategy for short term and long term goals that supports the Denton County Transportation Authority (DCTA) Downtown Transit Center. The DTIP also addresses issues raised by the Downtown business community and develops a plan for the physical development of the Downtown. Chapter 6 of the DTIP, presents a framework for strategic investment and provides short-term, medium-term, and long-term action items that the City can execute in a tactful way. Implementation responds to the following time schedule. • Short-term 0 - 3 years • Medium-term 3 - 5 years • Long-term 5 - 10 years 1 Following the acceptance of the DTIP by City Council, staff initiated the short, medium, and long-term action items identified by the plan. Provided in the table below are action items staff has completed and is currently working on. The table provides the status, schedule, and funding, if applicable for each of the action items. Summary of Action Items Item Action Item Status Schedule for Funding Completion Required 1 Hickory Street/Industrial Complete September 2010 $40,375 Street Micro seal and Striping 2 Tax Increment Finance Complete December 2010 Staff Initiated District 3 Park Exaction Fees Complete January 2011 Staff Initiated 4 Downtown Rail Station Complete June 2011 n/a 5 Solid Waste - Pilot Program Complete June 2011 Staff Initiated 6 Downtown Traffic Study Complete June 2011 $150,000 7 Downtown Mobility Plan Ongoing September 2011 Staff Initiated Amendment 8 Hickory Street - Bell to Ongoing November 2011 $538,000 Railroad 9 Form Based Code Ongoing November 2011 Staff Initiated 10 Wayfinding Signage Ongoing TBD TBD Network 11 Hickory Street - Locust to Design to begin 2013 TBD Ruddell 2011 The subject of this staff report is identified as action item 410, Wayfinding Signage Network. Starting in October 2010, staff began working on the development of a comprehensive Wayfinding Signage Network to guide visitors to locations offering public parking and local points of interest. Staff defined the type of signs, identified potential locations, drafted contents, and designed three themes. The three themes are based on recommendations from the DTIP, information from previous studies, and staff input, see Exhibits 1 - 3. The comprehensive Wayfinding Signage Network will to include entry signage (both primary and secondary) into the City. Primary entry signs will be large strictures that are proposed to be located along key entries into the City. Secondary entry signs will be smaller in scale and will serve to welcome and direct motorists as they travel throughout the City. Refer to Exhibit 4 for an 2 illustration of each sign type. The following are proposed areas where staff recommends locating primary and secondary entryway signs: Primary Entry Secondary Entry ■ I-35N/Loop 288 ■ I-35/Dallas Drive ■ I-35E/Mayhill Road ■ I-35/Carroll Boulevard ■ I-35W/Crawford Road ■ US 380/1-oop 288 ■ Hwy 77/Elm Street ■ I-35/US 380 The Wayfinding Signage Network will also include directional signs and kiosks directing the general public to Downtown and once there to the Downtown's multiple points of interests, such as Downtown Square, Quakertown Park, Main City Hall, Civic Center, City Hall West, City Hall East, UNT, TWU, Public Parking and the DCTA Transit Center. The locations of the directional signs have not yet been finalized. However, proposed locations of directional signs are presented later in this staff report under Fiscal Information. The proposed locations were needed in order to determine a cost estimate for the entire Wayfinding Signage Network. A more detailed study of existing conditions will be conducted by staff to identify proposed directional sign locations. The objective of the study will be to enhance wayfinding while minimizing streetscape clutter. Unlike directional signs, the locations of kiosks have been pre- determined. Kiosks will be located in close proximity or within public parking locations. Currently the Downtown has three (3) existing surface public parking lots. In addition, the DTIP identifies three (3) zones for future parking garages or shared parking lots, see illustration below. C2ua r fi Park k - Landscaping ~OilF fdrl utuTe For All Larking Garage or "'marking Lots L Shared Pa~king Lo in Ouakertotivn Park Zone` `ryAor Future Pq~~ 1 - - a., Shares-1 Parking Lot - I' Zone f~r Future " DCTA Proposed t 111 I i ~ I L I '.Transit Station Fn-k nri r-i agc Qr I 1l_~ F,,j iirig Lot ~ it I Street Sign The Wayfinding Signage Network will also Pa )le location: downtown area. Signs will replace street name include special "district" designed street signs within the Downtown area. (blade and lighted) for the DTIP area. The street signs will be of a different color and will have a distinct logo to let the general public know that they are entering the Downtown District. Street signs for future districts in the City may implement the same or similar design elements. While the proposed Wayfinding Signage Network does not currently include signage for city buildings and public parks, it is staff's recommendation that future signage for city buildings and public parks be designed with the same or similar elements as the secondary entryway signs. Staff presented the concept to the Parks, Recreation and Beautification Board on April 4, 2011 and they were in support of the idea. Minutes from this meeting are provided in Exhibit 7. The goal of the Wayfinding Signage Network is to create a comprehensive, unifying signage theme throughout the Downtown and key entrances to the City. In order to build consensus, staff presented the three (3) different themes to various boards, committees and commissions to receive their input and get direction. As of this writing, staff has presented to the following various boards, committees and commissions: ■ Downtown Task Force ■ Main Street Association Board ■ City of Denton Communicators Group ■ Developers Committee ■ CIP Oversight Committee ■ Planning and Zoning Commission ■ Parks, Recreation and Beautification Board The input received from the various boards, committees and commissions are summarized in t-UR.. YOUR Exhibit 5. 1 1 : T; _ % l After receiving input, staff compiled and analyzed the information then prepared a modified Wayfinding We Want Your Fe, ail,. Signage Network theme, see Exhibit 4. Utilizing the =modified theme, staff conducted an online survey to receive input from the general public. The online survey was promoted weeks prior using the following methods: wy v. Aderriton.com/wayl Friday, May 13 thrU1J6 1 Friday, May 2..7. ■ City of Denton Press Release • DTV on", Plhit.,, ',.y 4, ■ Denton Record Chronicle Newspaper Article ti ,_...,r, Posters and Tent Cards ■ Social Media (Facebook and Twitter) ■ Email Notification ■ City Website 4 The promotional materials and online survey included a definition of "wayfinding" and explained the background and purpose of the survey. The survey was made available for two weeks. The survey began in the morning of Friday, May 13th and ended in the afternoon of May 27th. Data received from the survey indicated that a citizen took the survey as early as 8:02 am on May 13th and as late as 4:50 pm on May 27th. Below are the questions that were asked. 1. The proposed Wayfinding Signage Network is easy to read and understand. o Strongly Agree o Agree o Disagree o Strongly Disagree 2. The proposed Wayfinding Signage Network represents the historical character of Denton while incorporating modern features. o Strongly Agree o Agree o Disagree o Strongly Disagree 3. The proposed Wayfinding Signage Network is unique and is identifiable to Denton. o Strongly Agree o Agree o Disagree o Strongly Disagree 4. The proposed Wayfinding Signage Network will enhance wayfinding throughout the City and Downtown. o Strongly Agree o Agree o Disagree o Strongly Disagree 5. What is your suggestion for improvement? 5 Over 370 citizens participated in the Wayfinding online survey. Several questions were skipped on some surveys, but the majority of questions were answered. Below are the results of the survey. Question t 1 The proposed Wayfinding Signage Network is easy to read and understand. Answer Options Response Response Percent Count Strongly Disagree 4.T 17 Disagree 2i 10 Neutral 6.8 s 5 Agree 8.9is 215 Strengly Agree 26 8 98 answered question 365 skipped question 8 Question 41: Of the 365 citizens that answered question 41, 58.9% agreed and 26.8% strongly agreed (overall approximately 85.8% agreed) that the proposed Wayfinding Signage Network is easy to read and understand. While 2.7% disagreed, 4.7 strongly disagreed and 6.8% were neutral. 6 Cuestbn ±a 2 The proposed V'Jaytinding Signage Netulork reEaresezts the iiistcxu,al clr r ~c:ter of Denton Mile incorporating raacxlern featrares, Ansir Far (Frtic~ns Response Response t'ev'(e.nt Ccurr)l Sitollgly DiSa{gree 4. t' 1C~ Disagrec 6. 1'S , 23 Nerltral 1(i (Ps i Agree 53 6` t1 Strorartly Agree 1~) 6`: I1 answele'd question 362 skipped gmstiori 3 1 Question 42: Of the 362 citizens that answered question 42, 53.6% agreed and 19.6% strongly agreed (overall approximately 73.2% agreed) that the proposed Wayfinding Signage Network represents the historical character of Denton while incorporating modern features. While 6.4% disagreed, 4.4 strongly disagreed and 16.0% were neutral. C iue,,;tion The proposed Wayfindirrg Signage NeKA,ork is unique acid iden6til-rtale to Denton. Ass%A,+er CJptions Response Response Pereeiat Count Strongly Dis~3giee 7.2'C's_ 2G Disagree 14 3'1-5 2 WLitral 27.3`.' 101 Agt eF I/ b" 136 .'Iioi lgly Agree 13.2'-',, 48 ans+.vered rluestiorl 3G3 skipped question 1() Question 43: Of the 363 citizens that answered question 43, 37.5% agreed and 13.2% strongly agreed (overall approximately 50.7% agreed) that the proposed Wayfinding Signage Network is unique and identifiable to Denton. While 143% disagreed, 7.2 strongly disagreed and 27.8% were neutral. 7 Question #4 the proposed Vlaytindmg 541riage Netv,,oik +will enhame waytirnding thrmghout the City and Downto ,ai. Answer Optio- - Response Resporrse Percent CClnnt Strongly Di ayy u 1 71''':- 17 Di-,(]ree (3:31' 23 Neutrr! 10.1 ' 37 Agree 55.9201 Strrmgly Agree "?3.0 84 answered gLJ('Stion 365 skipped rluestim 8 Question 44: Of the 365 citizens that answered question 44, 55.9% agreed and 23.0% strongly agreed (overall approximately 78.9% agreed) that the proposed Wayfinding Signage Network is unique and identifiable to Denton. While 63% disagreed, 4.7% strongly disagreed and 10.1% were neutral. Question a5 What is yotrf SU(Iij~ stiM t0f irl)provement? Answer Options RPsporise Count 177 ansm,ied question 177 skippPd gr3estiorl 196 Question 45: A total of 177 citizens responded, while 196 skipped the questions. The citizen responses to question 45 are presented in Exhibit 9. Of the 177 responses, approximately 26 were positive comments, 75 were constrictive criticisms, and the remaining 76 were general comments with suggestions for improvements. 8 CONCLUSION: Based on the input received from the various boards, committees and commissions and the data gathered from the online survey, staff recommends that the City move forward with a Request for Qualifications (RFQ) for the modified theme. The RFQ will be sent out to local as well as national sign companies. The sign company selected will prepare a plan that will describe and illustrate how the Wayfinding Signage Network will be implemented. With the arrival of the DCTA A-Train and the increased interest in Downtown, staff recommends that the Wayfinding Signage Network be implemented in two phases. Phase 1 will consist of the fabrication and installation of directional and street signs throughout the DTIP area. The objective is to implement the Wayfinding Signage Network with Downtown first and work outward. Phase 2 of the Wayfinding Signage Network will consist of the fabrication and installation of the primary entry signs, secondary entry signs, kiosks, city building signs and public park signs. FISCAL INFORMATION: At this time the cost and schedule associated with the implementation of the Wayfinding Signage Network has not been finalized. The cost and schedule will be finalized during the open bidding process with the selection of a sign company. To understand how much it will cost to implement the Wayfinding Signage Network, staff requested cost estimates from local and national sign companies. Based on the information received, staff has prepared the following cost estimate by sign type and by phase. Sign Type Design/Structural Proposed Number of Cost Estimate Engineering Signs Fabrication/ Installation Phase 1 Directional* $1000 40 $40,000 Street (blade) $150 76 $11,400 Phase 1 Subtotal $51,400 Phase 2 Primary $80,000 3 $240,000 Secondarti- $30,000 5 $150,000 Kiosk* $7,000 6 $42,000 Street (lighted) TBD TBD TBD City Buildings TBD TBD TBD Public Parks TBD TBD TBD Phase 2 Subtotal $432,000 Grand Total 5483,400 *See illustration on the next page of proposed directional sign and kiosk locations. 9 City of Denton Downtown Implementation Plan Project Boundaries !'esk if - I~ r s,. r I''trkii7tr ShxlYv . 13 "und", DEN V OI Y, i zct,.n, .r cis Pixs•e1, Although the final cost has not yet been determined, the City has identified potential funding through two different sources. The first funding source is the remaining funding that was allocated for the preparation of the DTIP. The original funding was for $288,000.00, however the contract amount approved to hire Jacobs Engineering, Inc. to prepare the DTIP was set at $224,995.00. After the project began, an additional professional service fee of approximately $10,000 for the bicycle component was added. That leaves approximately $53,005.00 which can be reallocated for the implementation of action items identified in the DTIP which includes the Wayfinding Signage Network. Staff is recommending that the cost for Phase 1 of the Wayfinding Signage Network be paid utilizing this funding source. Since the arrival of the DCTA A-Train and the increased interest in Downtown, staff recommends the commencement of Phase 1 with the available funding noted to enhance economic development in the Downtown. The anticipated schedule for Phase 1 is immediate. Once the City has selected a sign company, the earliest we can have signs fabricated and installed is approximately three (3) months. The reason that the kiosks are not part of Phase 1 is because staff is waiting to redevelop the three existing surface public parking lots. When each existing public parking lot is redeveloped or new public parking lots are developed, a kiosk will be constricted as part of that project. 10 The second funding source is through a CIP Bond program. At their March 11, 2011 meeting, the CIP Oversight Committee recommended approval of a motion to move $700,000.00 into the Wayfinding Signage Network program from CIP funds approved for the design, property acquisition, and constriction of entry corridors for Downtown. The CIP Bond funds were originally approved in the 2004 CIP Bond program for enhancements to either the Fort Worth Drive or the Dallas Drive entrance to the city. Funds have been identified using a combination of TxDOT, County and City resources for the reconstruction of Fort Worth Drive from I-35 to Country Club Road. The project is now under design. Because the design of Fort Worth Drive is in process and constriction is anticipated within 5 years and part of Dallas Drive is proposed to be reconstructed in conjunction with the I-35E widening project, moving forward with enhancements at this time is not recommended. Minutes of this meeting is provided in Exhibit 6. On April 19, 2011, during a work session staff presented to City Council the CIP Oversight Committee's recommendation to reallocate CIP funds for the implementation of the Wayfinding Signage Network. When the CIP Bonds are sold, the funds acquired will be used to implement Phase 2. As stated previously, Phase 2 of the Wayfinding Signage Network will consists of the fabrication and installation of the primary entry signs, secondary entry signs, kiosks, city buildings and public park signs. The anticipated schedule for Phase 2 is dependent on when the CIP Bonds are sold. No date has yet been determined. PRIOR ACTION/REVIEW (Council, Boards, Commissions): 1. August 17, 2010 - City Council acceptance of DTIP 2. February 10, 2011 - Downtown Task Force 3. February 10, 2011 - Main Street Association Board 4. February 23, 2011 - City of Denton Communicators Group 5. March 11, 2011 - CIP Oversight Committee 6. March 23, 2011 - Planning and Zoning Commission 7. March 29, 2011 - Developers Committee 8. April 4, 2011 - Parks, Recreation and Beautification Board 9. May 13 - May 27, 2011 - Online Survey OPTIONS: 1. Direct staff to proceed with the proposed modified theme as presented 2. Direct staff to proceed with the proposal modified theme with changes 3. Direct staff to take another direction EXHIBIT(S): 1. Theme A 2. Theme B 3. Theme C 4. Modified Theme 5. Boards, Committees and Commissions Comments 6. March 11, 2011 - Draft CIP Meeting Minutes 7. March 23, 2011 - Planning and Zoning Commission Minutes 8. April 4, 2011 - Parks, Recreation and Beautification Board Minutes 9. Citizen Survey Responses 11 Prepared by: PQt*,I Ron Menguita, AICP Development Review Liaison Respectfully submitted: Brian Locldey, AICP Development Review Committee Administrator 12 EXHIBIT 1 G~ i ;a n i p(111111~ It r .j., Entry 1VclcoinC I-35E r Mayhiit Rd. • 1136W `C€amwd Rd. Secondary Entry 1l 288 77 Rd. 13 EXHIBIT 2 I; Pi ;ed Locations trv N. Hall I ~ I ,ft 77 Dallas L7 _ ~tflas C1r> SaJshor Rd. Mm"M I l~iimr~~ 15 ~rrrlrr ~ ~ i ' 1) ~ -wiw r \ ~=ode 14 EXHIBIT 3 IW Do I ) s~~113i11~,'7 Pry d Lo- mans umlllpiu~i ~~(~I1~7~ DENTON d r c f Rd. l u t~a,~er } Quuk-,. Pork e ary EM,y N , [z .nun o, sv- ® ..u J~Loap 298 E,.. ® R uvt th ~Dr. ~ N. El m,MVVY 77 Dallas Dr, Svais~it~r Rcl. _ 15 EXHIBIT 4 Wayfrading s-Wage t- 'e P-ted m ~-t- area ax Sign I I I i2 I i h I > II i LLa :l 16 EXHIBIT 5 Boards, Committees and Commissions Comments Downtown Task Force - February 10, 2011 1. The three designs look like they represent three different "areas" of the City. (Downtown Square, Transit Center and the rest of the city) 2. The city has to decide what they want? Three different themes for each area or one unified theme throughout. 3. Consider a unifying logo incorporated into the different designs. 4. Identify "districts" on the maps that will be placed in the kiosks. (Downtown, Entertainment, etc.) 5. Add pedestrian signs mid-block on Hickory and Oak. There are lots of pedestrians that travel between UNT and the Downtown Square along these streets. 6. Move kiosk toward corner so that it is more visible (Carroll/Mulberry). 7. Consider using Google Maps to help identify proposed sign locations. 8. When possible incorporate public art into the major and secondary signs. 9. Keep the color palette the same for all signs for consistency. 10. Vertical letters on major and secondary signs (Transit Center) are difficult for people to read. 11. The Flag theme is unique, easy to read and may cost less compared to the other two themes (major and secondary signs). 12. Consider adding an "ornamental" feature on the top of the vehicle signs. 13. Consider using the same consultants that are designing/constructing the DCTA Transit Center for the proposed kiosk located in the area. Main Street Association Board - February 10, 2011 1. Most lilted the look of the Courthouse design, but lilted the darker brick color of the transit design. 2. Comments about lighter colors, it doesn't "pop" as much, will fade out in winter when grass is brown. 3. Liked transit kiosk because it looks like the ones already downtown. 4. Like transit kiosk, but with Courthouse dome on it. 17 Communicators Group - February 23, 2011 1. On vehicle and pedestrian signs list landmarks together. 2. Use more distinct arrows. 3. Remove TX from the Theme C (Flag) Secondary Sign 4. Use local materials for the signs 5. Theme C (Flag) theme is easy and simple to read. 6. Theme A and B (Courthouse and Transit Center) look more like neighborhood signs. 7. Theme A (Courthouse) looks like a county sign. 8. The wave on the Theme C (Flag) vehicle sign will look odd if by itself. 9. The group preferred the vehicle sign of Theme A and B (Courthouse and Transit Center). 10. The group preferred signs that are horizontal vs. vertical. 11. On the major and secondary signs incorporate the text "Welcome." CIP Oversight Committee - March 11, 2011 1. Refer to Draft Meeting Minutes Planning and Zoning Commission - March 23, 2011 1. Refer to Meeting Minutes Developers Committee - March 29, 2011 1. Consider lighting and visibility. 2. The groups preferred the Theme A (Courthouse) with the color/material of Theme B (Transit Center). 3. Consider using more distinct, modern looking materials. The developer suggested the materials (dry stack stone) used at the Hillwood Development. 4. Public art should only be applied to secondary entry signs. Vehicles will be traveling too fast to view public art on major entry signs. 5. Consider having local designers/architects/sign companies/students compete for the best design. Parks, Recreation and Beautification Board - April 4, 2011 1. Refer to Meeting Minutes 18 EXHIBIT 6 DRAFT MINUTES CITIZENS ADVISORY OVERSIGHT COMMITTEE March 11, 2011 After determining that a quorum of the Citizens Advisory Oversight Committee of the City of Denton, Texas was present, the Chair of the Citizens Advisory Oversight Committee thereafter convened into an Open Meeting on March 11, 2011 at 9:00 a.m. in the City Council Work Session room, 215 E. McKinney Street, Denton, Texas. Present: Chair Randy Robinson, Roni Beasley, Jerry Mohelnitzky, and Rick Woolfolk Absent: Polly Diebel (excused) Also Present: Jim Coulter, Director Water Utilities; Fred Greene, ACM; Howard Martin, ACM Utilities; Mark Nelson, Transportation Director; Emerson Vorel, Director Parks & Recreation; Bryan Langley, Director of Finance; Ron Menguita, Planning Supervisor; Cody Wood, Assistant Controller; Mary Billings, Accountant; Lindsey Baker, Assistant to the City Manager; Kim Mankin, Administrative Supervisor 1) Consider approval of the Citizens Advisory Oversight Committee minutes of August 27, 2010. The minutes were approved as circulated. 2) Receive a report and hold a discussion on the status of the 2005 Capital Improvement Program. Jim Coulter, Director Water Utilities, presented this item. One thing that staff did back in November Council had requested the latest update on projects just to see where we were. A lot of the projects are getting completed and there are some that have savings and that is what we want to discuss today. The South Branch Library is complete; the Senior Center improvements are complete. In the streets department we have completed 39 out of the 41 components of the program. We have a couple of projects that will remain on hold for a little while. Gay Drive out on 380 with the State Highway expansion some will be rolled into that project. The other big one we have $475,000 that is allocated currently for Northridge. One of the issues that came up during the program was the 2007 floods. There was a lot of water going through that neighborhood and we have initiated a drainage project. We are building a detention pond out between Hwy 77 and Windsor. That project is almost complete. The second phase will be some underground storm drain that will run under Northridge and then go down Hinkle. We do not want to go out there and build a new road and come back in 2-3 years with a drainage project and rip it up. Those roads from a street standpoint are currently on hold. 19 Member Beasley had a question about Gay Drive being extended to Hwy 380. Coulter answered the western portion from Elm out to Bonnie Brae, staff is working on the final engineering plans and we are starting utility re-locates. There are new plans that show a shift to the north that will impact other project that staff has been looking at. Staff was originally considering using some of that Northridge money and reallocating it to the Hinkle project. Repair part of Hinkle and then come back after the stormdrain project and complete Hinkle at that point. The State moved the project again so we are going to hold off on that for now. Beasley asked if we have a timeframe, will it be 5 years. Coulter stated it will be 5 years for sure; we still have a lot of utilities relocates to do before they can start the actual constriction on the roadway. Member Mohelnitzky asked about Bonnie Brae and the new stadium going in, what is the status. Coulter stated that is the next agenda item. Chair Robinson stated he thought the summary was a good snapshot and very helpful. 3) Receive a report, hold a discussion and give staff direction regarding the allocation of streets bond fund savings associated with the 2005 Capital Improvement Program. Jim Coulter presented this item. Coulter stated this is the Bonnie Brae project that Mohelnitzky was asking about. Originally in 2003 we allocated about $460,000 for some work on Bonnie Brae. That entire area has changed since 2003; the new stadium, the expansion of Bonnie Brae to the south, the north south water line, and Rayzor Ranch. All of those things have combined to destroy that Bonnie Brae Street. The OCI ranking for the section of Bonnie Brae from 380 to 35, with 100 being good, 0 the worse, Bonnie Brae is at 28. Right now it looks like we have about $2.5 million in savings that came about primarily by Streets Department doing most of the projects in house and not contracting the work out. We would like to divert that money out to Bonnie Brae to begin work on repairing and reconstructing the section from I-35 to Hwy 380. There will be a number of phasing issues on that project. There is a 42" waterline that going down through there that will be ripping up the southern portion of Bonnie Brae in the next couple of years. The section from Hwy 380 down to Scripture is the one that staff would like to start with early on. We have engineering looking at the cost, does it make since to constrict at the current profile, or go ahead and do the ultimate roadway section 4 lane divided. Staff is still looking to see exactly what it is that we will do for the constriction. Coulter stated that the waterline is completed down to about Scripture. We will not move forward until all utilities have been taken care of. Chair Robinson asked if there is still a lot of trick traffic associated with the gas well in that area. Coulter stated that he hasn't heard of any complaints and doesn't believe that will be any more of an impact than the constriction that is going on in that area from Rayzor Ranch and the waterline. Robinson stated that if we reconstruct the road and then tear it up from the trick traffic we aren't any better. Coulter stated that one thing the street is being destroyed now and it will probably be another year before we actually get on constriction so hopefully the majority of the constriction will be out of the way. When we design and constrict this roadway it will be designed to handle that type of traffic, the only Bonnie Brae was not. 20 Member Mohelnitzky asked about the 4 lanes or divided street for Bonnie Brae. Coulter stated that the ultimate section for Bonnie Brae is 4 lane divided. Mohelnitzlcy stated he believes staff should just constrict the ultimate section first not have to come back in a few years to re- construct it. Coulter stated that is what engineering is looking at, what it will look like. This amount of money will get staff very close to being able accomplish that. Member Beasley asked if the curve would be eliminated. Coulter stated that he isn't sure what kind of right of way dedication we received from Rayzor but if staff can improve on it they will. Member Beasley clarified that this item is to reallocate the money to reconstruct Bonnie Brae from Hwy 380 to Scripture. Coulter stated that the savings that has been realized in the projects, and right now it is about $2.5 million. We would like to roll that to the Bonnie Brae project. This project seems to be the best for those dollars. Member Woolfolk stated that the committee could authorize that with the caveat that as the project gets clarified maybe a final review should be had to make sure it is within the amount of money needed. Coulter stated that will give staff the dollars to go out and get the engineering analysis, and get started. We will have a more solid dollar figure at the next meeting. Member Mohelnitzlcy asked how much money will be spent before we start constriction. Coulter stated that we are not going to do the complete engineering profile on this project because it doesn't all require it. Coulter guessed it would be $200,0004250,000 for engineering to do the project. Member Woolfolk asked if Coulter wanted a motion for the engineering money or the whole thing. Coulter stated that if the committee wants to motion the engineering dollars, it will tie up the rest of the money until we get more answers. Member Woolfolk moved for the committee to allow the movement of the savings money over to the Bonnie Brae project with the specific instructions to authorize the engineering and once that is complete to come back for authorization on the rest of the money. Member Mohelnitzky seconded the motion, the vote was 4-0 approved. 4) Receive a report, hold a discussion and give consideration to the reallocation of CIP funds approved for the design, property acquisition, and constriction of entry corridors for Downtown. Project scope included Fort Worth Drive or Dallas Drive, but not both. Staff is requesting to use the identified funds to design and constrict entry markers for the City and wayfinding signs in the Downtown area. Emerson Vorel, Director of Parks and Recreation, presented this item. Vorel stated that in the 2005 CIP this project was approved. Member Beasley stated that what she recalled from the previous bond issue before this one, there was discussion about monument signs which appeared to be way to costly. This brings back the concept of having a sign as you enter Denton, but in a less costly manner. Vorel stated that we have now gone through the DTIP process and that report has been finalized. In that report it calls for wayfinding signs. We are requesting, while no consultant dollars have been spent on this project, for these funds to be reallocated for this project. We have worked with a committee of internal employees and we have come up with three sets of designs. We are not looking for a selection or approval of those designs at this meeting. This package includes everything from street signs, vehicle signs, and kiosk on the 21 sidewalks as well as secondary entry signs. One design is based on the courthouse, one is based on the new tower for the transit center, and the last one is called the wave. Staff has worked through the design and some of the locations now we are trying to put together some funding for this to happen. There is a correlation between the $700,000 that was for entry notification and we see that as doing essentially the same thing. Vorel then showed a map of where the signs were to be located. The entry monuments we are looking at somewhere out on the north end of I-35 as you would come in from the Sanger area. We see the east end of Hwy 380 as an entrance, some place west on Hwy 380 as an entrance as well. We have culled out Fort Worth Drive because it is under design at this point and are hesitant at to add anything until we see what that design lines up to be. Dallas Drive is an entrance, if there is a place on I-35E south as that reconstruction takes place, we hope to place one there. The markers will not necessarily by at the city limits but at a point where it would designate you are in Denton. We do not expect this amount of money will cover all the signs. We will start with the wayfinding signs for the Downtown Project and then use the remaining dollars for the rest of the signs. Member Beasley thought we already have wayfinding signs. Vorel answered that staff has taken care of some of those signs part of the problem was the map that was prepared for the signs had TxDOT roadways and they wouldn't allow the signs to be placed on the roadway. It is now a possibility that the City may inherit some of those TxDOT roadways in the downtown area. Member Beasley stated that we do have some signs out there; Vorel agreed that we do but will be replaced. Member Woolfolk stated that at a few of the intersections we have lighted street name signs, they are helpful. Is that an experiment to see how they work versus the reflected signs? Coulter answered that we have put in a number of lighted signs on areas that are more entry into town. So far we have very positive comments about those signs. We are trying to make those standard operating procedure on new roadway constriction were an intersection is fully signalized. Member Mohelnitzky stated that one of the concerns that he has is if you start with the signs downtown and staff uses up the $700,000 and the outer signs or monuments are not constricted because money has run out. Vorel stated he understands and asked Ron Menguita, Planning Supervisor, to respond to that question. Menguita stated that staff has been working with some local sign companies and have received some rough numbers. Those rough numbers include about $60,000-$75,000 for the downtown area. Of course the big ticket signs are the monuments type. Member Mohelnitzky asked from the three themes which one has received the best feedback. Menguita stated that he has presented them and the best feedback has the wave or flag theme. Member Woolfolk stated that he understands that from time to time we have some artist spending time in the local or county jail; other locations use those prisoners to help build things. Maybe that would help with the cost. Menguita stated that we can take that into consideration. Member Beasley made the motion to move the $700,000 into the wayfinding and entry marker program. Member Woolfolk seconded the motion, the vote was 4-0 approved. 5) ACM Update: a) Parks and Recreation Department 2005 CIP projects 6) Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Citizens Advisory Oversight Committee or the public with specific factual information or 22 recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting; AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. New items: • Jim Coulter: Discuss sunsetting this committee. • Woolfolk suggested discussing information to send forward to the next CIP Committee Woolfolk let the committee know that the 1,000 ft at the airport opened on 3/10/11. The runway is now at 7,002 ft. The meeting was adjourned by consensus at 9:38 a.m. 23 EXHIBIT 7 MINUTES PLANNING AND ZONING March 23, 2011 After determining that a quorum was present, the Planning and Zoning Commission convened a Work Session on Wednesday, March 23, 2011 at 5:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were considered: PRESENT: Chairman Walter Eagleton, Commissioners: Jay Thomas, Thom Reece, Brian Bentley, Patrice Lyke and John Ryan. ABSENT: Commissioner Jean Shaake STAFF: Mark Cunningham, Jerry Drake, Chuck Russell, Jennifer Coles, Cindy Jackson, Ron Menguita, Fred Greene and Johnna Matthews Print File WORK SESSION: Opened by Chairman Walter Eagleton at 5:30 p.m. 1. Clarification of agenda items listed in the Regular Session agenda for this meeting, and discussion of issues not briefed in the written backup materials. No requests for clarification. 2. Consider making a recommendation to City Council regarding the voluntary annexation and Service Plan of approximately 1.148 acres of land in accordance with Chapter 43 of the Texas Local Government Code. The property is appraised for ad valorem tax purposes as land for agricultural use and is located on the west side of Country Club Road, just north of the Education Center at Denton. (All-0001, Burch Property Annexation, Johnna Matthews Matthews presented this item. This is a voluntary annexation of 1.148 acres of land on the west side of County Club Road between Ryan Road to the north and Brush Creek Road to the south. The property was originally included in a non-annexation agreement in Donut Hole 5 (DH5) of the recent annexation plans. Section 5A of the non-annexation agreement states: "If an owner files any application or plan of development or otherwise commences development of any portion of the property inconsistent with the Development Plan provided in Section 2, then Sections 1 and 3 of the Agreement shall become null and void." The property owner improved and expanded a parking lot associated with an existing school on the site. The non-annexation agreement for this property included 220 acres and the owners presented a 60 month surface use lease. The recommended voluntary annexation includes only the 1.148 24 acres that were impacted by the parking lot improvements and expansion. Matthews presented the service plan and schedule of annexation. The Development Review Committee recommends approval. Drake stated that the Commission's recommendation should be recorded by vote. Thomas moved to recommend staff continue the annexation process and go forward for a Planning and Zoning Commission public hearing with a second by Ryan. Motion approved (5-0). *Bentley arrived after this item. 3. Receive a report, hold a discussion, and give staff direction regarding the implementation of a Wayfii~ Signage Network. Menguita presented this item. Menguita provided information to the Commission regarding the Wayfinding Signage Network system that staff has been working on in conjunction with the new A-Train. The Commission questioned the time frame for the start of the A-Train service to Denton and the recycling programs downtown. Menguita stated the A-Train is still on schedule to begin service in June and that the pilot program for Downtown Recycling is underway. Ryan stated that about 60% of what was trash is now going to recycling for his business downtown. Menguita presented proposed signs for entries to the City and downtown. There were three themes provided in the backup and presented labeled Theme A, Theme B, and Theme C. The Commissioners provided various feedbacks on the appearance of the signs. Commissioners suggested combing elements from Themes A and B and suggested using a dark brick that is similar to Texas Woman's University. Lyke stated that the City is not big enough to handle diverse signage appearance. Eagleton stated he likes the idea of the signs on the entrances to the City being tied to downtown. Ryan questioned the source of funds for these signs. Menguita stated that the difference in the estimate and the final cost of the Downtown Implementation Plan would provide some funding. Additional funding may be garnered from the last time signage was approved by the Capital Improvements Program Oversight Committee and those signs were never constricted. Eagleton questioned if the downtown signage that was constricted in 2003 would be changed out with the new signs, once approved. Menguita confirmed they would be. Additional discussion was held regarding the problems at one time with TxDOT and right-of-way restrictions. Menguita stated that TxDOT is more flexible now on what it will allow. Phase I of the new signage would begin with the downtown and work its way outward. Menguita stated that the next step is to present this to City Council and vet through all of the suggestions. Additional discussion was held regarding the street sign color, which will be blue to differentiate from the Historic District Streets and regular City streets and will be internally illuminated. Lyke also made the suggestions that the entry signs should have a "Welcome" or the like. Chair Eagleton closed the Work Session at 6:12 p.m. 25 EXHIBIT 8 Parks, Recreation and Beautification Board Minutes April 4, 2011 Civic Center Community Room Members present: Carol Brantley, Vicki Byrd, Alex Lieban, Derrick Murray, Janet Shelton, Dave Rowley, Jennifer Wages Members absent: None Staff present: Emerson Vorel, Bob Tickner, Jim Mays, Mary Aukerman, Ron Menguita-Planning Dept. REGULAR MEETING 1. CALL TO ORDER - Murray, Park Board Chairperson called the meeting to order at 6:02 p.m. 2. APPROVAL OF MINUTES OF March 7, 2011 MEETING: Shelton made a motion to approve the minutes as written, Wages seconded and the motion carried with a vote of 6-0; Murray did not vote since he did not attend the last meeting. 3. AWARDS AND RECOGNITIONS. None. 4 ACTION ITEMS: None. 5. DISCUSSIONITEMS. A. Wayfinding Signs - Vorel introduced Ron Menguita from the City's Planning Department. Menguita has been working with the Downtown Implementation Committee to put up signs highlighting Denton points of interest. Menguita passed out handouts and put up pictures showing three themes that are being considered for the new signs. Theme 1 is based on the Denton Courthouse, Theme 2 is based on the DCTA/A-Train station tower, and Theme 3 is in line with the current City of Denton logo. Theme 1 is the most popular. It is planned that the signs will be installed in the Downtown area first to coincide with the A- Train implementation. There is now approximately $65,000 available that will be used for this project. The larger entry way signs may be partially funded by 2005 CIP funds reallocated from the Dallas and Ft. Worth Drive entry way improvement project. This funding is pending City Council approval. Wages asked about the cost of the more elaborate Themes 1 & 2 and if it makes sense to spend a large amount of money on them in this economy. Menguita does not have a cost comparison for the different Themes at this time. It was pointed out that the City wants something that will distinguish it from other cities and the Courthouse Theme will definitely do that since it is a very- recognizable symbol. Murray stated that such signage will show that Denton invests in itself. 26 B. Park Foundation - Vorel pointed out that the Park Foundation is separate from the City, it is a non-profit, 501(c) 3 organization formed to support projects and programs for the Parks Department. Tim Crouch is the Foundation Chairman and Jennifer Wages is also a member of the Foundation as well as the Park Board. Vorel explained that the Foundation has a three-fold function: 1. It accepts donations and raise funds for special projects like the Water Works Park and for youth camp scholarships; 2. It acts as a pass through for some of the events like runs/races, Juneteenth, Cinco de Mayo, and the Senior Center fund raisers; and 3. Political influence. In the past fens years, the Foundation appears to have a stronger sense of direction and is more focused in being a continuing source of funding for scholarships. The next big fund raiser will be the Annual Duck Derby, which will take place at the Water Works Park the morning of opening day, June 4"' The Park Foundation will have a booth at the Arts and Jazz Festival to sell adoption papers for the ducks and volunteers are needed. Several Board members asked for a list of times slots so that they could volunteer, which will be sent to them. 6. OTHER BUSINESS: A. Parks Department Projects Status Report Tickner updated the Board on various projects on the list, including Denton Branch Rail Trail Bridge Project - This project is still in design due to the underground utilities around the site of the piers. Bids are planned for mid summer. Neighborhood Park Design - The dirt ssork is done for the walking trail at Wheeler Ridge Park, which is on the south side of Denton. Bids were opened on 3/10/11 for the SPC Ernest W. Dallas Jr. Memorial Park and Oss-sley Park and will be taken to Council on 4/19/11. A dedication plaque is being planned for SPC Ernest W. Dallas Jr. Memorial Park and will be ready before Veteran's Day, November 11. Oss-sley Park will not begin until summer camps conclude in mid August Community Development Block Grant Projects for Parks - Plans were received 4/4/11 to bring the MLI parking lot into compliance with ADA specifications. The sidewalk project for Quakertovm Park will not start until the fall because of all the events in park through the summer. McKamy-Evers-Cooper Creek Trail Bridge - Plans for this project should be ready by the middle of April. North Lakes Park-,Softball Complex Playground - Construction has begun on this project. B. Public Art Committee Meeting Minutes Draft - The poems will be presented to City Council on 4/5/11. An RFP (Request for Proposal) for the illustrations to accompany the poems has been issued. Vorel stated that he is sitting on the committee that is working with TXDOT on the design for the corridors and city streets under the overpasses. 7. FUTURE AGENDA ITEMS: None. With no further items on the agenda, Murray asked for a motion to adjourn the meeting. Brantley made the motion to adjourn, Lieban seconded and the meeting was adjourned at 7:09 p.m. 27 EXHIBIT 9 1 think that the signage should include the City's logo, especially the entry monument signage. 5/27/1 1! 4. View Responses I think the historical character of Denton is captured (the Courthouse), but I am not sure the signs have any real obvious modern features, except possibly the inclusion of the images on the primary entry markers. Be sure that the images chosen are not "common." Make them representative and interesting, i.e. musicians, musical instruments, artists, students, festival scene, a Redbud tree, a crowned pooch for Dog Days, etc.. I think the signage is identifiable to Denton. The most unique feature is the inclusion of images of people on the primary entry markers, but don't know that the secondary markers are particularly unique. The directional sign is a bit bland. It may just be the image in this survey, but it appears to need more contrast. Maybe darken the words "Downtown Denton," the courthouse dome and the line border to match the darker "Denton" and "Welcome to Denton" words on the primary and secondary markers. I like the multi-colored stone. 5/27/11 -1 View Responses Please choose images/graphics/materials that reflect Denton and aren't entirely generic. I want to know that I've arrived to Denton, not any old city in the Metroplex. You did do well not choosing anything particularly trendy. And I like the incorporation of courthouse features to the primary entry signage. View Responses It is hard to tell the size of the type on the blue background in the example. Recommend the letters be in BOLD type so they may be more easily read from a distance. Nice design job. View Responses In the Street signs: I like the name of the street on the signs so I'll know which street I'm on. 'A A View Responses Where did these signs come from? The city paid for signage like this a couple of years ago. How much is this going to cost? Who will pay for these signs. Who decides where they will be put.? What is this survey supposed to measure? This is all I have seen about it, how do we get more information? 5/26/11 5: 1AM View Responses The fonts used in the Directional signage should be Bold, or replaced with a San Serif Font... People will be driving and looking at sign in a short span of time the serif letters currently used make it hard to read at a glance. As for the kiosk font should read fine if it is intended for pedestrians. View Responses 1. Green (a bright cheerful shade of green) might be a better backdrop of color for the signage. 2. It seems that instead of just 4 people images on the monument (famous Dentonites or other) the images could be of what (not so much who) represents Denton. (Or instead of 4 block places have a marquis (dotted computer signage that welcomes all to Denton, and tells of up-coming or current events going on.) And, instead of a built monument, it could be some type of colorful sign that welcomes people to the city that sits off the Highway, or some type of signage with computer dots telling of upcoming events or what's currently going on.) (Also, take down the 911 sign that sits below the 28 Denton City Limit sign on 35E. By having 911 sit below the sign it makes Denton look negative, like maybe it's a rough place to be!) 505/11 2: ;AN View Responses Love them! . , View Responses Better ON ROADWAY lane markings and traffic control signage to stop confusion of visiting drivers. View Responses Don't use blue for the background color, it does not match with any other colors used in the area 5/23/11 View Responses THINK ABOUT UNT: Put signage on NORTHBOUND CARROLL at EAGLE DRIVE directing cars to travel west on EAGLE to get to UNT rather than encouraging, through lack of signage, UNT commuters to travel all the way up to Sycamore, Mulberry or Oak before turning toward the campus. Help direct traffic from Historical neighborhoods. 5/23/11 1: View Responses The colors don't work well together. Denton is home to UNT, make it green! If not that, perhaps a lighter shade of blue. And the stone make its look like something modern trying to look old. Use stone similar to what the courthouse is actually made of. We're not trying to look like Plano, Highland Village, etc. Make it look Denton. 5/22/11 1 1 View Responses Use one symbol to identify Denton, such as the courthouse cupola, not confuse us with stars. View Responses if these signs are just for city hall and city facilities then it is a huge waste of money View Responses Make sure when doing landscaping that will not over grow and block signs and also sign need to be able to be seen far enough in advance to make easy advance notice for turn etc. 1/1,; d View Responses The graphics seem to depict the cultured stone look that is so popular right now, and is representative of Razor Ranch and not of Denton. This look will soon be dated. 5/20/11 7:55AV View Responses I did not see a symbol that was unique to Denton, easily recognizable as representing Denton. 3: View Responses Couldn't the money used to buy the massive brick/stone structures be used for bicycle infrastructure or something more useful to the residents of Denton? View Responses The Chamber and Convention & Visitor Bureau definitely need to be points on the directional sign. The monuments are not really unique to the area, unless the music scene is depicted and they are put in the appropriate areas. The downtown area, I know from experience, is confusing to visitors because of the one-ways. People need clear directions to that area, and again, to the organizations that can help them explore city and get maps - the Chamber and CVB. °m I View Responses perhaps design it to be a tad more unique to Denton County 29 5/10/ View Responses none 5/19/1 4 View Responses I don't like the graphic on the signs (I know what it is supposed to represent but it looks like an Indian monument, think Taj Mahal) and the arrows on the directional signs needs to look more like a real arrow pointing a direction instead of a bullet listing the sights around town. 5/18/11 f View Responses the primary-entry monument is a little too much. Could all entry monuments be the same - perhaps like the secondary-entry monument? 5/18/11 : - ' View Responses Making street signs bigger, is great, but also make them shine at night so you can easily see them. 5/18/1111 1- View Responses where is motor vehicle ? That's location people new to community look for first and under that name 5/18/11 1- View Responses Add something personal from Denton like the courthouse outline or emblem from UNT 0/1 3/111 , View Responses None at this time 5/17/11 View Responses This is great for the small percentage of people who don't use the internet for maps and/or live in town. With the increase in attractions drawing people into Denton, I would suggest that "touristy" businesses or sections (meeting certain requirements) be offered a chance to be represented on signs of a different color. (e.g. Industrial St., Fry St., Giuseppe's, etc.). Red signs would be awesome to direct people to the closest fire station. It would be great if there was a way to give new busniesses traffic through the use of signs for a fee/limited time. 940 783 5555 - jason 5/17/11 . View Responses Color change that would work as well in the day as it would in the night. 0/1 7/11 -1 °m View Responses The lane markings or arrows on the city streets need to be bold and clearly defined 5/17/11 View Responses Make the stones used in the signs close in color to the courthouse. Try to use stone that is native to this area. 5/17/11: View Responses Digital programmable signs. Reference the new billboards south of town. I read those becuase they change and incorporate technology into the advertising. I rarely look at the other ones. 5/17/11 2: ' View Responses The monument signs need some design work. 5/17/11 1 View Responses These signs are bland! They could just as easily be guiding me around the grocery store parking lot, as around my city! How about something with a Iittel style? 5/17/11 1: 1 !V View Responses 30 Serif typefaces are not suitable for wayfinding purposes. For directional signage, please use these kind of arrows and cluster information, one arrow for up,right and left, then use a bracket to cluster directional information. For directional and Kiosk, please try to use similar designs, this will improve the relation within the wayfinding system and overall recognition. These kind of designs are in more cities acros the US, if a user- centered design will be applied the wayfinding system will stand out and will play a part in the identity of City of Denton. In The Netherlands I have done similar cases, please contact me if you need additional information s(a)designworkplan.com Good luck, best. Sander 5/17/1 View Responses I do not love the photographs of people on the sign. Denton is a family oriented village and this does not represent that.We are not about the individual but we are community.All directional signs are currently BROWN not BLUE. Muscle memory will be tampered with. I like the secondary entrance sign. 5/17/11 9: AV View Responses The big brick and tan signs are really boring and should be redesigned by someone with taste. 5/17/11 View Responses What is the cost and where is the money coming from? 5/17/11 - ' View Responses All Wayfinding signage be lighted in evening hours between specific times. 5/17/1,; View Responses To ensure all is clear, make sure street signs (i.e. North Blvd) are large enough to read from the opposite side of the road if the sign is only on one side, and that trees are kept trimmed and do not cover them up. 5/17/11 " View Responses Just use more basic means of advertising like placing items and such where the eyes naturally see it 1st View Responses The primary entry monument should say "Welcome to Denton". No reason why the secondary entry monuments should be the only ones saying that. View Responses Be sure to include the Historic Park so that visitors can easily find that. Will it include "Music/Arts District" or something similar to let visitors know we have a variety of music and art? Also, will there be signage on Carroll and Oak to so visitors know how to get to the Downtown Square from there? 5/16/1 1 w, View Responses Am not clear on replacement of street name signs with wayfinding signage. Given budget concerns is not the use of simple signs as effieient? Being a relative newcomer to Denton - how would the new person know to find the signs to give them directions? I have found the maps used in malls to be helpful - one locates you and shows you landmarks for finding the location in question. View Responses Signs in the City Hall East Parking lot (Railroad Avenue) directing Municipal Court and Police customers to the parking lot on Hickory St. It is much closer to the area in which they are going. View Responses 31 I think they look nice, but I am afraid the final product will look too "Disneypark" or similar to the newer cities that pop up with a fake, old look to them ...Southlake, for example. View Responses Should always incluide block number and direction N,E,W,S View Responses I like the idea very much. My thought for the Primary Entrance Sign is to place it someplace on the square. Can we afford 5 secondary entrance signs? I would suggest the city limits on 1-35E, 1-35W, 1-35 on the north side, and 380 to the East and the West. One side of the city or the other(s) will be short-changed if not placed in the N, S, E, and W. i _ . View Responses No improvement I would like the City to incorporate the directional signage throughout Denton.. (Parks, Libraries, Recreation Centers, etc). Also incorporate the secondary entry monuments at parks and libraries for consistency View Responses Will there be lighting? I think it adds to signage, shrubs, trees, etc. View Responses More Rustic Looking View Responses These should be placed at the new Train stations to help pedestrian traffic as well r 101/1 View Responses The directional signs (non masonary) should be everywhere. See Farmer's Branch.. they do a great job! View Responses City logo incorporated to signs View Responses Make sure the letters will be easily readable from a traveling vehicle. View Responses Sharp steeple looks dangerous. View Responses If you place the 1st'Welcome to Denton" sign on 1-35 then I believe the secondary monument should be placed on 380. Those two roadways are the areas with the most traffic traveling into Denton. 3/13/11 2:1A1' View Responses none 3/13/11 2:30!-svs View Responses Add major thoroughfares and feeder streets using scaled down signage. Encouage pulic/private partnerships to incorporate hospitals and other high traffic locals, including UNT and TWU View Responses Why do we have to have a monument? I think the signs are perfect View Responses Proposed signage should not create a site obstruction for traffic safety nor conflict with public utility infrastructure. View Responses 32 The network appears to be limited to the Downtown and entrance way areas. The previous question says the network is for the entire city. It doesn't sound like the network covers much area. View Responses It looks like university/institutional signage. Doesn't feel very Denton-like. : View Responses I don't care for the the Primary Entry Monument Images. I know these are not the actual ones being used but I don't like the one on the bottom at all. View Responses Need special way finding signage downtown for Parking. I think those are normally blue, so background of the downtown wayfinding needs to be a different color. 5/10/11 1: " ~ ft o View Responses On the Secondary-Entry monument and the Directional Kiosk use the Cupola emblem (like the one by Downtown on the Directional sign or on the St sign) rather than a Star, that would make them more unique to Denton because that represents the Denton Courthouse and the Star is more Texas in general View Responses I think that the Welcome to Denton sign would go well at the 77 exit right off 35, 1 guess the only downside to that could be some idiot running into it. Although, that can happen anywhere. 5/10/11 12:10AV View Responses Please make sure they have signs pointing to the Visitor Information Center in the Chamber building View Responses Look into what the city of Portland does for its signage. They are a model. View Responses Go Denton View Responses make stone finishes on the entry monuments and kiosks more closely reflect those found on the historic courthouse View Responses Attached to implementing new signs should be the removal of the plethora of existing signs. Many areas are already cluttered and new signage will only further degrade these areas, despite the attempted "improvement". i n1 View Responses single signs that are readablle not fancy signs that would mean you would have to stop your car to figure out. imagine the accidents, it is the WORST idea possible View Responses The purpose of this survey isn't clear, and the quesitons don't help figure out what the intent of it is, or how the input will be used. If it is a done deal, why bother? These look like signs anywhere else in Texas, if the intent is to provide 'branding' they should be reexamined. Are the main entrance signs really big enough to be noticed from 1-35 when someone is driving 60+ mph, and most of the road is elevated above the sides of the road in the locations given? Not very unique, but mostly functional. View Responses I think the courthouse design that's next to the titles (e.g. "Downtown" and "North" in the examples) is too close to the titles, which impairs legibility. I would suggest a little more 33 space between the courthouse and the title to improve readability, especially at a distance. 5/13/11 3:51AM View Responses Hire individuals who have developed urban wayfinding systems before. The type size and typefaces are not sufficient for actual legibility. In some of these renderings the type is "squished" it is not emotional and says nothing about the town as a progressive college location. View Responses Should use iconic images on signs that truly are unique to Denton. View Responses The wayfinding system does not look unique to Denton. It looks very average with no modern features. The pedestrian component will be very important, especially with the introduction of light rail and the developing down town district. the proposed system does not look to have a very robust pedestrian component. What is the wayfinding logic behind the system? This is not conveyed at all. Will it use a traditional system that just list destinations or does it use a more contemporary Pathways and Landmarks logic? View Responses Not sure what the images on first sample represents. Music, Education, ? 5/ ; /11 3: View Responses Denton is a very unique city... perhaps make the signs true to Denton and more artsy. 5/13/11 3:19AIvI View Responses the bigger and better 5/13/11 3:17AV View Responses Perhaps consider a classic brick rather than the modern stone masonry. Signs pointing to downtown parking options seem important. This should be flexible enough to change as needed when new infrastructure is in place (biking, more walkable areas, etc.). It might be worth considering the possiblity of allowing distinct areas of town to develop unique identities with a unique sign approach. For instance, how might the downtown signs differ from the Industrial Arts Area signs? What about other emerging districts such as what is happening along Locust and Congress and the connected neighborhoods? What about signs encouraging traffic and visitors to check out the nieghborhoods and business is SE Denton? View Responses Just do it! View Responses There are two locations about which we receive MANY comments at the Chamber/Visitor Center - in the lobby and via phone by people who have had trouble getting around Denton. We desperately need good signage BEFORE the Hwy 77/Dallas Drive exit off I-35 E Northbound that advises people about Downtown. Also, the other location is Oak Street at I-35 - where people coming off 135 W can see that Oak Street will take them into downtown. We also need to be certain that Visitor Information or Visitor Center is included on the downtown wayfinding signage. View Responses Would be a nice improvement to the downtown area, but I can't say that I find these signs very unique. They look very similar to signs that I have seen in other cities. Would be nice if it had a more unique look. 3: View Responses 34 Get rid of the thing that looks like a helmet on the street and downtown directional sign and street sign. It doesn't go well with the star and makes the signs look confusing. 5/16/11 3: 2A ! View Responses On main roads, have more signs giving advanced notice of the name of the next cross street View Responses Consider other designs for functionality and better appeal. 3: , View Responses No Signs, save the money and cut the clutter. . 3: ' View Responses When I look at the proposed signage and the aesthetic elements I don't get the feeling that it is modern or contemporary. It appears to me that the signage will be easy to read; the font and size seems appropriate for this purpose. But I certainly wouldn't call any of the design elements "unique". In fact, they appear to be rather standard. Something you could find in any city in Texas. The letterhead on this page has more pizzazz than the proposed signage. Perhaps the designer is trying to accomplish too many functions: historic character, modern, unique, clear directional information, identifiable to Denton, easy to read, etc. 5/16/1' - View Responses Required the posting of clearly seen address numbers on buidlings in a standardized location. View Responses We are amazed at the new & innovative ways the City of Denton, TX stays on top of issues like this that matter more than many municipalities realize. Having lived all over the nation (16 homes in 35 yrs) from east to west, north & south regions of the US, we are most impressed in with how our tax dollars are spent to serve the residents & visitors here in Denton, TX. Thank You for taking the time & effort to seek community input. View Responses Don't think it's needed. View Responses The primary entry monument should also say welcome. Also why not put TWU and UNT logos instead of a picture of college graduate? The colleges make up so much of what De 5/15/11 View Responses Signs for Quakertown Park, new commuter rail station, and central library. 5/15/11 _ _ View Responses Continue with this effort - Thank you 5/15/11 View Responses Do not waste tax dollars on this silly project. 5/15/11 3: View Responses We need to stay with one design. 5/15/11 3: , View Responses Looks pretty well thought out...I say go with it! 5/15111-. - View Responses I would prefer something more historically suggestive of Denton. 35 5/15/11 1: View Responses will you have direction to varrious shops and lodging locations? 5/15/11 9:,ximm View Responses Looks like it"s anoher downtown or just Square businesses that will profit from this. 5/15/11 3:57AM View Responses Don't forget US-380 at 1-35. Remember, these signs will only be as useful as people can read them while zooming by at 85 mph. View Responses A generic Texas Star is too common to represent Denton. The Courthouse logo is good. Why not use that instead of the Texas Star? 5/15/11 View Responses Hire an actual wayfinding and information graphics designer to develop a system for you. This looks terrible, like it was designed by a high school kid in MS Word. You really can do better. 5/15/11 8:188" View Responses The images on the Entry Monument should be reflective our multi-cultural community. 5/1 5 /11 3:-- View Responses This is an ill-advised project. Who is the intended audience? Most people today use a navigational system in their cars or a mapping system like google maps or yahoo or similar. Good signage at the site of an important destination would be more useful. i f View Responses Find a less expensive alternative/repaint existing street signs 5/15/11 7: ~ View Responses would like to see more attractions on the signage as opposed to city offices 5/1 x/11 View Responses More unique. More beautfil. That sign could be in flower mound. Nothing distinct about it. 5/14/11 11:34PM View Responses More whitespace on signs for better readability; Around-town wayfinding as well as within-downtown wayfinding (i.e. how do I get to Downtown / 288 / UNT / TWU / etc); More useful signs, fewer expensive monuments/kiosks 5/14/11 7: View Responses I need to see what images will be on the signs, should represent various ethnic groups. View Responses Place wayfinding ASAP. 5/14/11 View Responses White lettering on colored background can be difficult to read on small signs 5/1 /11 ' - -'r _4 View Responses Denton is a UNIQUE town ...those signs look like every other city in texas. 5/14/1 11: 5AM View Responses Look's Great! Just get it done ASAP. 5/11 4/11 1 -1 . ` " View Responses Won't images on the entryway signs become dated quickly? They also will be hard to identify when you are driving 30-60 miles per hour. Design is good. Images seem silly. View Responses 36 The Entry Monument features the County Courthouse. Is that what defines Denton? I really like the idea of thematic signage, but I'm less enthusiastic about featuring the courthouse. A few ideas that might be more appropriate to the city: a set of instruments (viollin with sax); combination of symbols for industry and education; or maybe just the city's logo as is. 5/14/1 10:21 AM View Responses do not agree with the images View Responses Don't waste money this way - 'm'-.. 'View Responses None ...but it is this really necessary, when there are budget shortfalls, etc? There are other things that I think should get more priority than changing the signs! 5/14/11 8:;) n rPI View Responses Please use the money for something more important. 5/14/11 . View Responses Looks great! 5/14/11 : - View Responses Please, don't do it! 5/13/11 View Responses small street map of city of denton View Responses I personally prefer Texas sandstone stones. 5/13/11 View Responses Make the monument have more of a modern/environment friendly feel. The fact that Denton's electricity is 40%, bikes are becoming more prevelant and accepted as well as public transportation should be something we are proud of! 5/13/11 9: Ph" View Responses Take off the courthouse dome 5/13/11 R View Responses Color and font size are very important. 5/1 .1 ° View Responses Get quirky 5/1 /1 ' View Responses None, really. I think it is a good idea! 5/13/11 5: View Responses GPS plus friendly sales clerks have been all I need to navigate in Denton. View Responses The signs are identifiable to Denton because they say "Denton" on them, but not unique. Unique might be achieved by using an open, supporting fretwork, that looks modern, but incorporates local symbols (music, art, courthouse, horses, etc) 5/13/1 A- ~ ft 0 View Responses Allow the urban development or graphic design classes at UNT come up with some possible designs. these don't read denton to me at all. 5/13/11 : View Responses 37 On proposed street sign, more "negative"space b/w the street name & the courthouse symbol on the far left. 5/13/11 ° View Responses Use of more pictures of historic buildings, etc. 5/13/11: View Responses Possibly change the stonework to old brick. 5/13/1,; View Responses Stone looks like every other city. 5/1 3/111 _ View Responses these signs are very generic and not unqiue to Denton. I could find something very similar to this in Southlake or Frisco. This signage does not reflect the unique culture that is here. It also does not reflect the needs of those who are disabled with vision impairement. I support the addiiton of signs and think they are highly needed, especially with the addition of the A Train. However, these are very "vanilla" and add no substance. 5/13/11 1: View Responses Cute, but will it really work? View Responses Just make sure it is consistent city-wide, whatever you do. And, fix all the roads with multiple names: i.e. Loop 288/Lilian Miller/Teasley, for instance 5/13/11 View Responses Instead of City Hall East/West maybe use Utilities and Building/Planning/Health with 3 "City Halls" so close it can be confusing 5/13/11 12: 114 View Responses Make sure font is bold and print large enough to read. 5/13/11 12.L4 , View Responses Larger street signs should be installed next to or on top of major thuroughfare traffic lights such as Carroll Blvd. and University Drive, and/or Teasley and Lillian Miller. 5/13/11 View Responses Do not see the value in replacing the street signs. No added value to users seeking directions, and money that could be spent elsewhere in the budget. 5/13/11 1, / View Responses What is the cost? Is the cost justified in the current economy? How will this be funded? View Responses Check out the signage in Addison, one of the easier areas in which to locate streets. Repair potholed, rubboard streets instead of spending the money on "monument" signs. 5/13/11 12: 5AM View Responses Move forward while the idea is alive. My biggest concern after living here for 12 years, is that the project will continue moving. Have seen too many things delayed by the good city fathers. 5/13/11 1'. View Responses Instead of a star on the entry monument and directional kiosks use the emblem for the courthouse like on the directional sign. Make that the unique and identifiable feature of our signage. 5/13/11 1' ` ' View Responses Nothing really unique about it. It's nice though. Definitely an improvement! 38 3/13/11 1' gm" 'View Responses As fast as this town is growing, it would not hurt advertising ourselves to the passerbyers (potential future Dentonites). Other towns do it, and it has only improved their communities with these types of signs. View Responses "Replace street signs," it says above? Hopefully the streets will still be marked by name. And what about biking / walking signs? Wayfinding signage has been proposed recently at several public meeting, but the proposal was always for bikers and walkers, especially along the travel corridors between TWU, UNT, the square, and the A-train station. Bikers need wayfinding signage for lanes / best & safest routes; walkers would appreciate signs with approx. times / distance. The questions above seem to indicate an interest only in the look of the sign, not where the signs should go or how they might accommodate anyone other than "vehicle traffic." But business is best enhanced by attracting other kinds of traffic. 5/13/1111 -1. ' View Responses I don't like the pictures on the primary-entry monument. It might be more appealing if it were all stone, and no pictures. 5/13/11 11:., , View Responses Looks good, only suggestion I have is to possibly use a music note, bicycle, or something other than the Star. Stars are just so commonplace in Texas and it would be nice to see something a little more original and unique to Denton. 5/13/11 1' View Responses Excellent idea, colors are good and clearly unique to Denton not other entitities 5/13/11 ' View Responses Looks very generic. Are they really going to be blue and not UNT green? The main problem with finding your way around Denton are the crazy streets that change names in the oddest places. 5/13/ 11 11 11 C.-F. . View Responses I like the Directional Kiosk for the Downtown Area, but I'm concerned about being able to read it. Is it for pedestrian traffic or auto traffic? If it is for pedestrian traffic then it's great. 5/13/1,; View Responses It is not very visual or unique. 5/13/111 _ View Responses Do the Directional Signs only no brickwork no kiosk 5/13/1 View Responses Keep the street names on the square. Can you imagine how hard it would be for a visitor to find a restraunt that lists its address on "1500 West Oak St" without West Oak Street? They would think the street had ended. 5/13/11 10:21 AM View Responses The font size for "Denton" should be larger than the font size for "Downtown". Place more emphasis on Denton rather than Downtown. 5/13/11 View Responses Instead of using the wayfinding to direct an unknown, anonymous audience of people in cars on 135E, the wayfinding network should focus on pedestrian and bicycle travel times and directions to the most commonly visited points in town. In this era of cars with GPS, helping drivers has never been more irrelevant. 39 5/13/11 Al- -4 View Responses I prefer a more modern look. 5/13/119: \V View Responses None. Looks great! 3/13/1 View Responses incorporate native and edible landscaping around the entry signage. 5/13/1,; View Responses Make sure that the Denton County offices, post office, and other critical facilities like that are included. 5/13/11 3: . View Responses Monument signs are too squared off looking. They don't look new or special. 5/13/1 View Responses Provide Survey directly to Businesses/Offices/Resturants that surround the area for better input. 5/13/1,; - a ' View Responses We already have the directional kiosk signage in the downtown area 3/13/111 , View Responses I disagree that its unique and identifiable to Denton only because it's not that unique it could be in any city in Texas if you slapped another city name on it. I'd be interested to see something truly unique just like Denton. View Responses Don't waste the monuments on car traffic travelling at 30-50 MPH; the vast majority of drivers are either long time residents or coming here for a specific purpose and leaving. The population that benefits from signage are new or prospective residents and tourists. They will be concentrated around the Universities (10,000 new students every year) and around the train station and downtown. As tourists who were drawn by one event or venue, the signage could guide them to other attractions. 5/13/11 3: 'A View Responses Is city hall the same as the courthouse? That's confusing I would like to see the courthouse Iiseted, as well as UNT, and TWU. 5/13/11: . . View Responses It looks like a lot of money with little or no return. 5/13/1,; View Responses we will need a secondary-entry monument for hwy380/trinity and where will the money come from and i feel like we have more important issues than this (ie: road conditions and employee raises) but i agree we need entry point monuments 5/13/11 7:39AM View Responses the signs are needed for sure. they still seem a bit generic though. maybe a bit too fakey pretentious-y? View Responses The entry signs seem a little blank. I wouldn't want to make them too busy, but may some artistic highlights (may be the wrong term) would add something. Maybe the blank areas are intentional??? V View Responses 40 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 DEPARTMENT: Planning & Development ACM: Fred Greene SUBJECT Receive a briefing and hold a discussion regarding the Assessment of Existing Conditions and Findings of the Bonnie Brae-Ector Street Small Area Plan and provide timeline for completion. The Bonnie Brae-Ector Street Small Area Plan is approximately 271.2 acres, and is bounded to the north by Emery Street, to the south by West Oak Street, to the east by Jagoe and Ector Streets, and to the west by Bonnie Brae Street. BACKGROUND The City of Denton has long recognized the value and uniqueness of its residential community. The Denton Plan established goals, policies, and strategies are set forth to vigorously protect and preserve existing neighborhoods. The Bonnie Brae-Ector Street Small Area Plan is another layer of protection for an area that was chosen for its history, location, appeal, and threats. This Small Area Plan is design to embrace the goals found in the Denton Plan by enhancing its residential idea. A Small Area Plan (SAP) is an official document that articulates a vision for a specific area of a city. There are three (3) types of SAPS: a corridor plan (Dallas Drive Gateway), district plan (Downtown Implementation Plan), and a neighborhood plan. The Bonnie Brae-Ector Street SAP is a neighborhood plan. It is a guide for decision making pertaining to land management, neighborhood governance, and neighborhood programming. In June 2010, the City of Denton Neighborhood Planning Program (CDNPP) and various City departments merged to research official governing documents such as the Denton Plan, census data, maps, and City's Criteria Manuals to develop an assessment and produce a finding for the SAP boundary in the following categories: 1. Neighborhood Overview a. Neighborhood Characteristics 2. Existing Land Use 3. Zoning Districts 4. Environmental 5. Historic Resources a. Historic District 1 6. Housing and Real Estate Analysis a. Housing b. Comparative Market Study 7. Transportation a. Streets b. Pedestrian Amenities c. Bicycle Facilities d. Parking 8. Infrastructure a. Wastewater b. Potable Water c. Stormwater d. Fire Flow 9. Public Safety 10. Parks and Recreation 11. Significant Neighboring Development a. University of North Texas Master Plan b. Texas Health Presbyterian Hospital and other Medical Facilities c. Rayzor Ranch Town Center d. Fry Street Village THE SAP FINDINGS: The Findings listed below are conclusions, based on research, formed by City staff. Findings are not recommendations for the Bonnie Brae-Ector Street Small Area Plan, but are fundamental suggestions that should be considered. A set of recommendations will be presented at a later date. 1. Neighborhood Overview and Characteristics Although the study area lacks significant ethnic or racial diversity, its strength lies in its mixed land uses. The rental occupancy is 43% of the total housing units, which is a substantially high number. Even though there are a number of multi-family units, this rental occupancy percentage may be the result of the increase of single-family houses being utilized as rental units. Features such as the study area's proximity to UNT, daily necessities such as the grocery stores and dry cleaners, along with its pleasant neighborhood environment brought long time occupants into the area. For the same reasons, college students and young families are drawn to this location. Nevertheless, to stabilize study area, it is necessary to actively increase the number of owner occupied units, and strategically eliminate rezoning request. RECf1MMENDATJON: The neighborhood residents recoininended the SAP ehininate argil, rezoning requests, acrd iaintain the existing Neighborhood Residential-3 acrd Neighborhood Residential-1 Zoning Districts. 2. Existing Land Use The dominant land use within the study area is single-family residential; however, the area also contains five (5) additional land uses including commercial and religious. This diversity in land uses has contributed to the economical stability to the study area. Varietal land uses also contributes to the quality of life benefits that generate livable neighborhoods. The vacant land within an established single-family residential land uses should be developed so as to maintain the established land use pattern. However, land on the northeast corner of Bonnie Brae and West Oak Streets would be ideal for a commercial enterprise or mixed use development to serve the area residents, and patrons and employees of the Texas Health Presbyterian Hospital. Such uses would bolster the area's economic stability and encourage interaction between the area residents as they walk to this destination. Such interaction will additionally, contribute to the overall safety of the area via human activity. While it is important for diversity in land uses to continue, exceptional design is essential in achieving a harmonious environment between commercial uses and neighborhoods. RECf1MMENDATJON: The neighborhood residents recoininended the SAP ehininate argil, rezoning requests, and iaintain the existing Neighborhood Residential-3 and Neighborhood Residential-1 Zoning Districts. 3. Zoning Districts For the most part, the study area is developed as single-family residential. Apart from the Neighborhood Residential Mixed Use (NRMU) and the Neighborhood Residential Mixed Use-12 (NRMU-12) zoned properties, all the commercial and multi-family developments north of West Oak Street are nonconforming to the zoning. Haphazard commercial encroachment generally has a derelict effect on neighborhoods, and causes acute destabilization over time. To prevent severe commercial encroachment and destabilization, except for identified properties, future rezoning of existing residentially zoned properties to non-residential zoning districts should not be permitted. In addition, as part of the City's Development Review Committee (DRC) review process, new developments or redevelopment projects should prescribe, where applicable, to the proposed healthy development checklist. RECf1MMENDATJON: The neighborhood residents recoininended the SAP ehininate argil, rezoning requests, and iaintain the existing Neighborhood Residential-3 and Neighborhood Residential-1 Zoning Districts. 4. Environmental To maintain the health of the study area's trees while establishing acceptable clearance between electrical wires, Denton Municipal Electric (DME) uses the directional pruning technique developed by the National Arborist Association. With directional pruning, limbs are removed towards the main branch trunk where they would naturally shed. This pruning method decreases future growth away from power lines while at the same time maintaining the tree's natural protection system. Furthermore, even though Stanley Street is no longer included in the flood plain, the City's Development Review Committee must ensure healthy development practices for the protection of existing neighborhoods. Therefore, the City should continue to apply stormwater and tree preservation controls to developments along Bonnie Brae Street and the vacant properties north of Emery Street. 5. Historic Resources and District Typically, historic districts have the highest property values in a city. These assets, if properly built upon, can have long-term cultural economic benefit. Cultural and Heritage tourism captures over 500 billion dollars in the U.S. The City's Historic Landmark Commission (HI C) in partnership with the West Oak Historic District Neighborhood Association, Oak-Hickory Historic District Association, UNT, and the CDNPP should establish incentives and programming that will address the appearance of both historic districts from the street level and increase of homeownership of these resources. The SAP official governing body should work with Denton Main Street to capitalize on the Preserve America initiatives. The HLC, the Historic Preservation Officer, and the City's historic districts should seek grant opportunities provided by the Texas Historical Commission. The HLC, the City's Economic Development Department and the Historic Preservation Officer should develop economic opportunities for the City and the historic districts to capitalize on cultural and historic tourism. 6. Housing and Real Estate Analysis a. Housing: The main factor in the affordability is incomes are rising slower than housing costs. While annual household incomes remain stagnant, median sales price of residential homes climbed. The Denton Plan's Housing goal is to sustain existing housing stock for affordability for residents of diverse income levels. The increase in homeownership is a major factor in stabilizing a neighborhood. The study area may be a prime candidate to assist in the Consolidated Plan's Rental Strategy for home ownership by increasing its owner occupied versus rental unit tenancy. In addition, the study area has a significant aging population. The City's Consolidated Plan acknowledges the cost burdens of the elderly. Therefore, the study area's housing units and elder population should be identified to execute the Consolidated Plan's Rental Strategy for home ownership, and the Owner Occupied Strategy for home maintenance and weatherization. b. Real Estate Analysis: The Denton Plan recommends existing neighborhoods be vigorously protected and preserved. Even though the study area is preserving itself automatically through its long-term tenure, resale, and homeownership to young families and professionals; the frequency of rezoning requests and approvals within the study area have signaled the rising issue of speculative zoning and commercial encroachment along Bonnie Brae and West Oak Streets. It must be recognized residential zoning is a reasonable use of land. Therefore, parcels that may have the potential of having future rezoning requests should be identified, and the appropriate zoning should be predetermined. This will prevent the adverse effect of speculative activities. To increase homeownership opportunities, the SAP official governing body should partner with the local Real Estate Association for innovative homeownership marketing concepts. RECOMMENDATION: The neighborhood residents recorrurrended the SAP ehininate anl, rezoning requests, acrd iaintain the existing Neighborhood Residential-3 acrd Neighborhood Residential-I Zoning Districts. 7. Transportation The City Engineering Department is currently in the process of evaluating the study area, as such, the relative findings are not available at this time. 8. Infrastructure The City Engineering Department is currently in the process of evaluating the study area, as such, the relative findings are not available at this time. a. Wastewater: The City of Denton Wastewater Department has the task of maintaining and operating the City's wastewater distribution systems. As mentioned, almost every lot in the study area connect to the City's sewer system. Improvements along Jagoe Street are scheduled on the City's Capital Improvement Plan (C.LP.). The current system has capacity to meet demand at peak discharges. b. Potable Water: The majority of the City's potable water comes from Lake Lewisville. In 2010, the City's residents, businesses, and institutions consume roughly 17 million gallons per day. Based on the City's current potable capacity, the City is well capable of meeting its potable water demands. However with growth in other jurisdictions around the Metroplex, the study area may voluntarily submit to water conservation measures such as specific hours and days to water lawns to promote environmental friendliness and maintain the appropriate water level of service. Visit http:Hwateruseitwisely for additional programming ideas. 9. Public Safety The Denton Police Department (DPD) has determined that the study area is not considered a high crime area. The area's incidents of criminal activities are mostly concentrated in the vicinity of the multi-family dwellings, and around Jagoe and Marietta. The proposed SAP official governing body and the area's neighborhood groups should work closely with the DPD and property owners to devise solutions that will decrease criminal activity in hot spots. In addition, the SAP official governing body should consider the implementation of a modified version of neighborhood watch program, and utilize a voluntary Rental Housing Program. 10. Parks and Recreation The study area has five (5) public parks less than 5,000 feet from its boundary. McKenna Park is the study area's neighborhood park. This surrounding park system has a wide range of passive and active amenities for both children and adults. The City's park system is routinely maintained. Consequently, it has been concluded the current park and recreation system serving the study area is more than sufficient. However, the neighborhood residents noted the original McKenna Park sign is hidden behind overgrown trees, and the flower bed at the northern most portion of the park, once maintained by the elderly residents along Panhandle, is City-owned. Therefore during its regular maintenance schedule, the City's Parks and Recreation Department should trim overgrown trees to reveal the park's original wrought iron signage, and maintain the flower bed located along the north east boundary of McKenna Park. 11. Significant Neighboring Developments a. University of North Texas Master Plan: The UNT Master Plan is a guide to direct UNT's overall vision for new construction or modification of existing buildings. The Master Plan provided recommendations to address land use, housing, and parking, which affects the quality of life for residents of the study area. To build community, it is recommended: 1) the City, the HLC, the neighborhood, UNT, and other stakeholders developed concrete measures for reinvestment and incentive opportunities for UNT staff to live in the West Oak Historic District or adjacent neighborhoods; 2) UNT should develop a timeline to redevelop the Bradley Street apartments, and hold neighborhood meetings to address any concerns and receive direction; and 3) upon the establishment of a neighborhood parking plan, the UNT and DPD should partner to manage and enforce parking regulations within the boundary area. b. Texas Health Presbyterian Hospital and other Medical Facilities: Except vacant property on the corner of Scripture Street and Interstate 35, Texas Health Presbyterian Hospital is built to capacity. According to the hospital's Master Site Plan, there is no anticipated expansion beyond its current boundary. However if land acquisition does occur and building plans are developed, the hospital, in partnership with the City, should obtain neighborhood input by holding at least two (2) neighborhood meetings. The first meeting is held to gather information, and the second meeting reveals the design proposal, which is based on previous input. c. Rayzor Ranch Town Center: The Rayzor Ranch Town Center sits west of the study area. Once full development of this site is realized, this development potentially can have the most impact on the study area in terms of additional traffic, recreation, and retail conveniences. The following proposal must be adhered to mitigate any negative impacts and balance out the positives. First, Panhandle and Linden Streets are proposed to connect to the Rayzor Ranch development. To fully participate in the amenities proposed at Rayzor Ranch, there should be an ease of connectivity for all facets of travel. Therefore, the Panhandle connection design should include a pedestrian crossing, bike lanes, and appropriate traffic controls for safety. Secondly, the City should redesign the existing Panhandle Street to provide access controls, bike lanes, sidewalks, where applicable. Thirdly, the design of the entire Rayzor Ranch development should install traffic controls to steer traffic flow, as much as possible, onto University Boulevard and Bonnie Brae Street. d. Rayzor Ranch Gas Wells: Studies by the Environmental Protection Agency (EPA) and other state agencies will provide the City with the desired base line to initiate Phase II of the City's Gas Well Ordinance. This comprehensive task will bring numerous groups to the table to with the purpose of developing an all-inclusive ordinance that will provide additional means to effectively and efficiently govern gas well drilling and production within the City's jurisdiction. e. Fry Street Village: The Fry Street Village mixed use design may incorporate long term benefits to the study area, specifically to its southern boundary. By incorporating a parking garage and creating a walkable environment, the dependence on automobiles may significantly reduce vehicle trips and parking along West Oak Street. More importantly, due to this development's proposed improvements, non-profits whose sole interest is neighborhood clean-up and beautification are considering improvements on the southside of Hickory. The City, in partnership with UNT, should create initiatives for improving surrounding neighborhoods. CONCLUSION: The Assessment of the Existing Conditions and its Findings is the foundation to produce a vision and initiatives for the Bonnie Brae-Ector Street area. This Plan is divided into three (3) main sections: 1. The Existing Conditions Assessment, and Findings; 2. The Neighborhood's Engagement in the planning process; and 3. The Plan's Vision and Initiatives. This SAP will have an implementation strategy that is different from most plans. It will be managed by the neighborhood itself, and not by a City Department. EXHIBITS 1. Bonnie Brae-Ector Street Small Area Map 2. Bonnie Brae-Ector Street Small Area Plan Assessment of Existing Conditions Presentation Prepared by: Respectfully Submitted: Katia Boykin Mark Cunningham, AICP, CPM Senior Planner of CDNPP Director of Planning and Development EXHIBIT 1: BONNIE BRAE-ECTOR STREET SMALL AREA BOUNDARY MAP i h,j~~Jij ' i L7 AF=T ~ - 1 I I ~I ~J~1JJ_~ = -l LI E=:E= r ~I r rTT l 1IL-Fi - - LF I LA 7777f 1- o Legend " BonnwB-aEdw B-dary Bonnie Brae 1 Ector F o Page= ~QeS Small Area Plan DENTON ~s ~r ~ I 1 I i piano d " a1; i . illilll~ilt~ r 1~ it I _ I - ..I _ , I - - ~ = i { - ~ I _ L__. ' ~ d F- l Q r' N L1 F L DQ ~J 4~. -!f f ~ i"J of M n T » r, 'Ji C~ i v. L 7 1 k r LLI EL G._ Ci7 Q d y, . N _ r a cn I i u r a y - ~ a maT; ar F L~ O ~ CD i I ".1 t. z , r. ~t ° ` ~ Wr k~ q ~ i i 3 j' r ~ 1111111 r, III; N ~1y~1~~ ii u ,,~M1., t c $ t~ . ~ ~ a`~'`t 7 n ! r.{ ti'i i,~~ : lino' N u . ~ ~ la f,` 'loll ~ et,~~~/~. ~ }t C YS ~..Y f 111 ~ illllll r k ~ ~ 1j 4 ~ ~ ~ NA44 1 II i`S{~{~Y,S 1111111 W Z N 'r w ' u y ~d Wd' Z Z i- Z nG W d - yr LL all a C L Z 2 i O U W ~ ~ ~ u - Y U m o - - ~ p _ C fJ p - _ m - _ J = K r a i ~ 4k~ ,x t, t ~ ,°'r ! T~ f~ ~ ~ i + h~ ~ ~ 7 z { k 1 ~A ~r ~ { Q A J ~h ~ 4 f f 1 pp ^c ~ 'VW ` q,~n 5 `k ~ ~~,i ~ M7 ~ t w:,~ n ~ ~ £ , , ~E k t34 a LL' a EL _ o sn m y G L:l ~ I f_ u J T:. 1 s` l' na v i l iA P:y ~1 1, 7 t, aq ;l #}ri 10 ,rss IV i f`fa l; ~ i Y l ~i i. a=~ ,n. ~4~ l' 1 r: , `~~E ty ~I`! _n 4 r~ , ,jyrrl~ AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 DEPARTMENT: Planning and Development ACM: Freed Greene SUBJECT: - DCA11-0004. (Gas Well Ordinance) Receive a report, hold a discussion, and give staff direction concerning proposed amendments to: (1) Section 35.22A.G. of the Denton Development Code regarding a new provision grandfathering previously approved Planned Developments and Master Planned Communities from the standards and procedures enacted by Ord. No. 2010-181, as further amended by Ord. No. 2010-196; and (2) add new section 35.22.7.G. to the Denton Development Code regarding required disclosures to certain persons within specified distances of proposed gas well drilling and production activities. BACKGROUND On July 20, 2010, the Denton City Council adopted several amendments to subchapters 3, 16, 22, and 23 of the DDC relating to gas well drilling and production within the City limits, and gas well platting within the City's Extraterritorial Jurisdiction (ETJ) via Ordinance 2010-181. During the public hearing phase, several concerns were presented by both area residents and representatives of the gas well industry who were present. Staff also received input via several emails. As a result of the concerns that were raised, staff reviewed Ordinance 2010-181 and made several amendments to the ordinance to address the concerns that were expressed, eliminate potential ambiguous language, and to provide further clarity relative to the spirit and intent of the ordinance. The amendments to Ordinance 2010-181 are as follow: 1. 35.16.19.E - deleted language pertaining to annual inspections and the collection of fees in the ETJ. Staff is conducting further review of a municipality's enforcement authority with its ETJ; 2. 35.22.2 - added language to the definition of "Drilling and Production Area;" 3. 35.22.3 A - added language to allow gas well drilling and production "by right" for property within the City that is unzoned, but are subject to the Rural Residential 5 (RD-5) use regulations; 4. 35.22.3.B, 35.22.4.A.1, 35.22.10.A and C - amended language to provide applicability of code within a Planned Development (PD) and Master Planned Community (MPC) district; 5. 35.22.4.G - Added language to address issues of legal non-conformity; 1 6. 35.22.5. - corrected alpha-numeric sequencing and revised language to add clarity regarding separation standards; 7. 35.22.5.A.2.n - revise language to tie screening requirement to the sequencing requirements under 35.22.4, and to further clarify when screening is required; 8. 35.5.A.6.p - deleted this language as it could create potential conflicts with other requirements in the code; 9. 35.22.5.D - corrected alpha-numeric sequencing and added language to establish the City's authority to abate nuisances within 5,000 feet of the City limits in accordance with Texas Local Government Code §217.042; 10. 35.22.6.D - deleted second sentence because it did not fall under the heading of "Criteria for Approval;" 11. 35.22.10.1 - revised language to provide delineation between the issuance of permits by the City and the Texas Rail Road Commission. 12. 35.22.13 - amended language to provide applicability of code within a Planned Development (PD) and Master Planned Community (MPC) district, and to improve readability. On August 11, 2010, after conduction a public hearing, the Planning and Zoning Commission recommended approval of Staff's aforementioned recommendations, contingent upon the following two (2) modifications: 1. 35.22.5.A.I.f - Notwithstanding any other provision of this subsection, a Protected Use or lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable strictures may be located as close as two hundred fifty feet (250') of a pre-existing drilling and production area, provided that the lots or Protected Use is not served by a freshwater well that is located within one thousand feet (1,000') of the drilling and production area: and 2. 35.22.5.C - The following standards apply to gas well drilling and production in the City limits. On August 17, 2011, the City Council adopted Ordinance 2010-196 which: (1) amended Subchapter 3 of the DDC regarding the Zoning Board of Adjustment; (2) amended Subchapter 16 of the DDC regarding gas well development platting; (3) amended Subchapter 22 of the DDC regarding gas well drilling and production; and (4) amended Subchapter 23 of the Denton Development Code regarding definitions, as amended by Ord. No. 2010-181; providing for severability, and providing an effective date. DISCUSSION Since the adoption of Ordinance 2010-196, City staff (along with outside legal counsel) has reviewed Sections 35.22.4.G of the DDC relative to the Legal Non-Conforming Provisions germane to approved PD districts and MPC districts. The purpose of reviewing this section of the DDC was to ensure that the adopted ordinance did not offend any legal non-conforming 2 rights of these types of developments. Staff is also recommending the addition of new language under Section 35.22.7.G of the DDC to provide for some means of disclosure of gas well drilling and production areas to purchasers of property. Staff's recommended revisions are indicated by either newly inserted red font or *_r~'_-~ deletions of previously adopted text. They are as follow: A. 35.22.4 G. Legal Non-Conformity Provision 1. The amendments to the standards and procedures enacted by Ord. No. 2010-181, as further- amended by Ord. No. 2010-196, pertaining to changes in Denton Development Code Subchapters 353, 35.16, 35.22 and 35.23 do not apply to applications for permits for gas well drilling and production if, on the effective date of the original ordinance (August 4, 2010), the following circumstances existed: a. For Gas Well Development Plats and associated Watershed Protection Permit, a complete application for a Gas Well Development Plat, together with any required Watershed Protection Permit application, was pending for decision on such date, or the area to be platted was the subject of an approved SUP, Detailed Plan within a PD district, or site-specific authorization within a MPC district for gas well drilling and production that was still in effect on August 4, 2010, provided that the application is subject to all gas well drilling and production standards in effect immediately prior to such date. b. For Gas Well Permits, the application for the Gas Well Permit is subject to a Gas Well Development Plat that identifies the gas well site, the Plat was approved prior to August 4, 2010, and gas well drilling and production activities p~yhave commenced for nether a pre-approved gas well located within one thousand feet (1,000') of the proposed gas well site subject to the approved Gas Well Development Plat, provided that the application is subject to all gas well drilling and production standards in effect immediately prior to such date. 2. For Gas Well Permits other than those described in subsection l.b., if a complete application for a Gas Well Permit was pending on August 4, 2010, the application is not subject to the separation standards prescribed in section 35.22.5.A.1, as amended ordinance 2010-181, provided that the application is subject to all gas well drilling and production separation standards in effect immediately prior to such date. 3. The amendments to the standards and procedures enacted by Ord. No. 2010-181, as further amended by Ord. No. 2010-196, pertaining to changes in Denton Development Code Subchapters 35.3, 35.16, 35.22 and 35.23, do not apply to applications for permits for gas well drilling and production, to the extent that (i) a gas well site is identified on an approved Concept Plan for a PD district or a MPC district and (ii) the ordinance approving or amending the concept plan contains express or necessarily implied standards that are different than the standards contained in chapter 35.22 in effect at the time of approval of the Concept Plan and that are in conflict with those standards enacted by Ord. No. 2010-181, as further amended by Ord. No. 2010-196, provided, however, that all other standards enacted by such amendatory ordinances shall be applicable to permits for gas well drilling and production submitted for approval after- the effective date of Ord. No. 2010--181, unless such application is exempt under subsections (1) of (2). B. 35.22.7 Gas Well Permit Required G. Whenever- an applicant for a gas well permit [term to include plat and site plan] proposes a separation standard that is less than those prescribed in section 35.22.5 pursuant to an exemption under section 35.22.4, the applicant shall notify in writing the following persons of the proposed location of the gas well drilling and production site(s): 1, within 1,000 feet of the site (as measured by section 35.22.5.A. l.f. a. the owner- of lessee of a Protected Use; b. a lot owner- of a previously platted residential subdivision where one of more lots have one of more habitable structures; and c. the owner of a freshwater well currently in use; 2, within 500 feet of the site (as measured by section 35.22.5.A. l.f.), the owner- of lessee of any other habitable structure; and 3. a copy of the notice shall be provided to the City with the application. EXHIBIT 1. Ordinance 2010-181 2. Ordinance 2010-196 OPTIONS 1. Direct staff to proceed with the proposed amendments. 2. Direct staff to take another direction. Respectfully submitted: Prepared by: Fred Greene Mark Cunningham, AICP, CPM Assistant City Manager Director of Planning and Development 4 CA1Documents and Settings\JERICHAR\Desktop\DCA10-0003 with vesting (3).doc ORDINANCE NO. 2010-181 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CERTAIN SECTIONS WITHIN SUBCHAPTERS 3, 16, 22 AND 23 OF THE DENTON DEVELOPMENT CODE, RELATING TO GAS WELL DRILLING AND PRODUCTION, DEFINITIONS, AND PROCEDURES; ADOPTING A NEW PLANNING AND DEVELOPMENT REVIEW FEE SCHEDULE, PERTAINING TO GAS WELL DRILLING AND PRODUCTION WITHIN THE CITY LIMITS AND THE EXTRATERRITORIAL JURISDICTION; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (DCA10-0003). WHEREAS, pursuant to Ordinance No.2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, the authority of a home rule municipality to regulate the exploration and production of natural gas within its city limits and extraterritorial jurisdiction as provided herein, is legislatively recognized, inter alia, at §92.007 of the Texas Natural Resources Code; §§54.012, 212.003, 212.044 and 217.042 of the Texas Local Government Code; and numerous other legislative and Constitutional provisions of the State of Texas; and WHEREAS, the City has codified its regulations governing gas well drilling and production within the City and extraterritorial jurisdiction in Subchapters 16 and 22 of the Denton Development Code, and applicable procedures and definitions in Subchapters 3 and 23; and WHEREAS, it has come to the attention of the City Council that the City's current standards may not fully implement the City's dual goals of allowing gas well drilling and production, and at the same time protecting the public's health, safety and general welfare; and WHEREAS, a multitude of gas well permit applications have been filed recently with the apparent goal of vesting against additional health and safety standards that may be promulgated by the City; and i WHEREAS, the City has authority to impose a moratorium on authorizations for gas well drilling and production pending a thorough investigation into the need for additional procedural and substantive safeguards; and WHEREAS, in lieu of a moratorium on the issuance of gas well permits and other applications authorizing gas well drilling and production, the City Council finds that it is necessary in order to promote the health, safety and general welfare of the community to promulgate a set of procedural and substantive standards pending the City's complete study of the impacts of gas well drilling and production in the City and its ETJ; and WHEREAS, a detailed cost of services analysis and comparison with survey cities, related to gas well drilling and production, revealed that Denton's current fee structure is grossly inadequate to cover the cost of proposed services, and far below the fees imposed by neighboring cities for similar services; and further that the proposed changes to the Planning Fee Schedule are Page 1 SALega1\0ur Documents\Ordinances\10\DCA10-0003 with vesting.doe reasonable, and do not exceed the reasonable cost to the City in providing the review of the applicable development applications; and WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code and fees are consistent with Comprehensive Plan and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. Subchapters 3, 16, 22 and 23 are amended to incorporate the specific changes, as identified by section or subsection in Exhibit "1", and such changed sections or subsections shall hereinafter read verbatim as set forth in Exhibit "1", which is attached and incorporated fully herein by reference; all provisions not specifically changed herein shall remain as written. SECTION 3. It is the intent of the City Council that the provisions of this ordinance shall apply prospectively to applications for gas well drilling and production, except to the extent that state law allows the City to apply new regulations to existing approved or pending applications. It is the further intent of the City Council that the provisions of this ordinance shall apply to any substantive amendment to an existing approved application for gas well drilling and production. The following procedure shall apply in the event of a controversy over the applicability of the regulations established by this ordinance. (a) Vested rights petition. An applicant for a gas well development plat, gas well development site plan, or gas well permit (collectively, gas well drilling and production applications) may be filed with the Director of Planning, alleging that the application is exempt from one or more requirements otherwise made applicable by this ordinance on the basis of statutory or common law vested rights. Upon granting of a vested rights petition in whole or in part, the application shall be decided in accordance with the standards specified in the relief order based on prior development standards. (b) Petition requirements. The petition shall include the following information and documents: (1) A narrative description of the grounds for the petition, including expressly and without limitation the application of Tex. Loc. Gov't Code ch. 245; (2) A copy of each approved or pending development application which is the basis for the contention that the city may not apply current standards to the gas well drilling and production application which is the subject of the petition; (3) The date of submittal of the gas well drilling and production application; (4) The date the project for which the gas well drilling and production Page 2 S:1Legal\Our Documents\Ordinances\10\DCA10-0003 with vesting.doe application was submitted was commenced; (5) Identification of all standards otherwise applicable to the gas well drilling and production application; (6) Identification of the standards which the petitioner contends apply to the gas well drilling and production application; (7) Identification of any current standards which petitioner agrees can be applied to the application at issue. (c) Processing of petition. The Director of Planning shall process the vested rights petition. A copy of the petition shall be forwarded to the city attorney following acceptance. The petition must be accompanied by a waiver of the time for decision on the gas well drilling and production application pending decision by the Council. The filing of the vested rights petition stays acceptance of filing of any related development applications. (d) Action on petition and order. The City Council shall decide the petition within thirty (30) calendar days of a determination that the petition is complete. The Council may take any of the following actions: (1) Deny the relief requested in the petition, and direct that the gas well drilling and production application shall be reviewed and decided under the standards applied by this ordinance; (2) Grant the relief requested in the petition, and direct that the gas well drilling and production application shall be reviewed and decided in accordance with the standards contained in identified prior regulations; or (3) Grant the relief requested in part, and direct that certain identified current standards shall be applied to the gas well drilling and production application, while standards contained in identified prior regulations also shall be applied. (e) Criteria for approval. The Council shall decide the vested rights petition based upon the following factors: (1) The nature and extent of prior gas well drilling and production or other development applications filed or approved for the land subject to the petition; (2) Whether any prior approved applications for the property have expired or have been terminated in accordance with law; (3) Whether any statutory exception applies to the standards in this ordinance from which the applicant seeks relief, (4) Whether any prior approved gas well drilling and production or other Page 3 SALega1\0ur Documents\0rdinances\10\DCA10-0003 with vesting.doc development applications relied upon by the petitioner have expired. (f) Application following relief order. Following the Council's decision on the vested rights petition, the property owner shall conform the gas well drilling and production application for which relief is sought to such decision. If the gas well drilling and production application on file is consistent with the relief granted on the vested rights petition, no revisions are necessary. Where proceedings have been stayed on the gas well drilling and production application pending decision of the vested rights petition by the Council, proceedings on the application shall resume after the Council's decision on the vested rights petition. (g) Expiration Relief granted on a vested rights petition shall expire on occurrence of one of the following events: (1) The petitioner or property owner fails to submit a required revised gas well drilling and production application consistent with the relief granted within thirty (30) days of the Council's decision on the petition; (2) The gas well drilling and production application for which relief was granted on the vested rights petition is denied under the criteria made applicable through the relief granted on the petition; or (3) The gas well drilling and production application for which relief was granted on the vested rights petition expires. SECTION 4. The Planning Fee Schedule, previously established and amended by Ordinances 2005-237 and 2009-098, is hereby amended by substituting, to the limited extent of any conflict, the revised fee schedule pertaining to Gas Well Drilling and Production, attached hereto and incorporated herein on the final page of Exhibit "1"; all fees not amended therein shall remain in place, without repeal or supersedure; and the fees set forth in the Planning Fee Schedule, as modified herein, are authorized to be imposed. SECTION 5. All ordinances in conflict herewith, are amended and superseded to the limited extent of such conflict, and all remaining sections and provisions of such ordinances, not in direct conflict herewith, are hereby made cumulative. SECTION 6. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 7. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 8. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. Page 4 S:1Legal\Our Documents\Ordinances\10\DCA10-0003 with vesting. doc PASSED AND APPROVED at the City Council meeting posted and commenced on July 20, 2010, on the J21 st day of Jul , 2010. r'+ MA r OUG S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I Page 5 Exhibit 1 Citation Proposed Ordinance 35.3.6 A. The following actions shall follow the Board of Adjustment Procedure: 1. Consider an application for a Variance from the zoning regulations. 2. Consider an application for a Variance from the sign regulations. 3. Consider an application for a Variance from gas well drilling and production regulations, within the City limits. 4. Consider an application to change, reestablish or terminate a Nonconforming Use. 5. Consider an appeal of an Administrative Decision. 35.3.6.B.2 The Zoning Board of Adjustment may grant a variance from the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards, landscaping regulations, or from the minimum separation requirement for gas well drilling and production, where literal enforcement of the regulations willresult in an unnecessary hardship and where the variance is necessary to develop a specific parcel of land, which because of site's shape, size or topography differs from other parcels in the same district, and that it cannot be developed in a manner commensurate with the development allowed for the other parcels. A variance shall not be granted to relieve a self-created or personal hardship or to relieve a purely financial hardship. In granting any variance, the board may designate conditions, which, in its opinion, will secure substantially the purpose and intent of the Development Code. A variance shall only be granted upon a finding that: 35.16.19.A Any person who proposes gas drilling or production on a tract of land located within the City's Extraterritorial jurisdiction, shall submit a Gas Well Development Plat for review and approval by the City. If any portion of the proposed area to be platted lies within a floodplain, an ESA or within one thousand, two hundred feet (1,200') of the flood pool elevation of Lake Ray Roberts or Lake Lewisville, a watershed protection permit application for such area(s) shall be submitted with the development plat application, and shall be decided before any decision on the plat. 35.16.19.D.8 c. Show the location and use of all structures within one thousand feet (1,000') of the wellhead. j. Clearly delineate the boundaries of the gas well drilling or production area with metes and bounds. All gas well drilling and production activities shall be limited to this area. k. A Gas Well Development Plat shall only contain one (1) drilling or production area, and the area shall not be greater than five (5) acres. 35.16.19.E 1. If gas well drilling activities have not commenced within one (1) year from the date of approval, the Gas Well Development Plat shall expire. 2. A Gas Well Development Plat may not be extended. 3. If the Gas Well Development Plat expires, then so too shall all associated Watershed Protection Permits. 4. Upon expiration of a Gas Well Development Plat, the applicant may reapply for a new Gas Well Development Plat, subject to all requirements of the DDC, as amended. If a Watershed Protection Permit is required in conjunction with the Gas Well Development Plat, the applicant must also apply for a new Watershed Protection Permit, subject to all requirements of the DDC, as amended. 5. If gas well drilling or production has commenced, the gas well drilling and production area shall be subject to inspections by the City, and shall also be subject to an Annual Inspection and Administration Fee. DDC 35.22.2 Operator. The person listed on the Railroad Commission Form W-tor Form P-4 for a well as the i person that is, has applied for, or will be actually in charge and in control of drilling, maintaining, operating, pumping, or controlling any well or pipeline including without limitation, a unit operator. 1 Ambient Noise Level. An all-encompassing noise level associated with a given environment. A composite of sounds from all sources (excluding the noise in question) at the location and approximate time at which a comparison with the noise in question is to be made. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. The Ambient noise Level is established by recording sounds from all sources (excluding the noise in question) over a continuous seventy-two (72) hour period at the location prior to drilling. The seventy-two (72) hour time span shall include at least one twenty-four (24) hour reading during either a Saturday or Sunday. Blowout Preventer. a mechanical, hydraulic, pneumatic or other device or combination of such devices, secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith, which can be closed around the drill pipe, or other tubular goods which completely closes the top of the casing and are designed to prevent blowouts. Commencement of Drilling Activities. The reflection of either "spud Well" or "Nipple Up" the Blow Out Protectors (BOP) by the drilling contractor on the IADC-API Daily Drilling Report Form maintained by the Operator's tool pusher on the pad site. Completion of drilling, re-driUiug and re-working. The date the work is completed for drilling, re-drilling, or re-working, and the crew is released by completing its work or contracted by its employer. Daytime. The period from 7:00 am to 7:00 pm., Monday through Friday, and from 8:00 am to 5:00 pm., Saturdays and Sundays. Drilling and Production Area (AKA Gas Well Par,, Gas Well Pad Site). The area dedicated to all gas well drilling and production activities, including the drill site, all structures, closed-loop systems, dehydrators, parking areas, security cameras, lighting, tanks, tank battery, drilling rigs, separators, compressors, perimeter walls, utilities, and all other features or objects contemplated for use during and after gas well drilling or production. Flowback. The process of recovering fluids or residual from a completed or fractured well. Gas Production. The phase that occurs after successful exploration, drilling and development involving operations including but not limited to, gas wells, tanks, dehydrators, separators, mud pits, ponds, tank batteries or associated mechanical equipment, and during which hydrocarbons are extracted from the gas field, excluding those operations and facilities as defined and regulated by the Pipeline Safety Act of 1994, 49 U.S.C. §4 60101 - 60137. Habitable Structure. Structures suitable for human habitation or occupation for which a Certificate of Occupancy or Final Inspection Certificate is required, including but not limited to single or multi- family residences, accessory guess houses, hotels, condominium buildings, public buildings, and buildings used for commercial or industrial purposes. A habitable structure shall not include non- habitable accessory buildings garages and sheds. I Lift Compressor. A device that raises the pressure of a compressible fluid (gas) in order to lift gas from the well. Line Compressor. A device that raises the pressure of a compressible fluid (gas) in order for the gas to be transported through a pipeline. Nighttime. The period commencing at 7:00 pm and ending at 7:00 am., Monday through Friday and from 5:00 pm to 8:00 am., Saturdays and Sundays. Nipple Up. The process of assembling well-control or pressure-control equipment on the wellhead. Permit, Gas Well. Any written license granted by the City of Denton for the exploration, drilling, development, and production of natural gas, issued pursuant to rules and regulations of this Subsection. Protected Use. Any residence, church, public park, public library, hospital, or school. Residence. A home, abode, or place where an individual is actually living at a specific point in time. A structure or art of a structure containing dwelling units or rooming units, including single-family 2 I or two-family houses, multi-family dwellings, boarding or rooming houses, elderly living facilities, apartments, or dormitories. Workover Operation. Work performed on a well after its completion in an effort to secure production where there has been none, to restore production that has ceased, or to increase production. 35.22.3 Zoning District Classifications for Gas Well Drilling and Production A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential (RD-5), Rural Commercial (RC), Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC- N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial MC- C), Employment Center Industrial (EC-I), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts, except as provided in subsection B, and subject to compliance with the requirements of this subchapter. B. The drilling and production of gas within the corporate limits of the City in all other zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6., or site- specific authorization in a planned development district (PD) or master planned community (MPC) Notwithstanding the provisions of Subsection A, approval of a Specific Use Permit also shall be required for gas well drilling and production on any land located wiflin the 100-year floodway or witlvn one thousand, two hundred feet (1,200') of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. 1. An application for a Specific Use Permit., or site-specific authorization in a planned development district (PD) or master planned community district (IvfPC), for the drilling and production of a gas well shall be filed by the person having legal authority to do so. That person is presumed to be the record owner, mineral owner, or the duly authorized agent of either the record owner or the mineral owner. The Chairman of the Development Review Committee (DRC) may require an applicant to submit information of authority to file an application. 2. The Chairman of the DRC has the authority to establish requirements for applications in the Application Criteria Manual. No application shall be accepted for filing until it is complete and the fee established by the City Council of the City of Denton has been paid. Incomplete applications shall be returned less a fee for processing determined by the Director of Planning and Development. 3. Approval of a Specific Use Permit, or site-specific authorization in a planned development district (PD) or master planned community district (MPC), shall be conditioned on compliance with the requirements of this Subchapter. 35.22.4 35.22.4 Required Authorization for Gas Well Drilling and Production in City Limits A. No gas well drilling or production activities may be commenced within the City limits until the following authorizations have been obtained, in the following sequence: 1. Approval of a Specific Use Permit, where required by section 35.22.3.B., or site-specific authorization in a planned development district (PD) or master planned community district NPC); 2. Approval of a Watershed Protection Permit, where location of any gas well drilling or production activities is proposed on land in the flood fringe or in an ESA, subject to the application requirements and standards of section 35.22.5.A.8; 3. Approval of a Gas Well Development Site Plan, subject to the application requirements and standards of section 35.22.6; and 4. Approval of a Gas Well Permit, subject to the application requirements and standards of Section 35.22.7. B. Ana lication for an authorization for as well drilling and production listed in Subsection A 3 may be submitted simultaneously with any other listed application, but the applications must be decided in the numerical order listed. No subsequent application shall be determined to be complete and hereby is deemed to be incomplete until all required prior applications have been approved, and no completeness determination shall be made until such prior applications have been decided. C. Approved applications for gas well drilling and production shall expire under the following circumstances: 1. A Specific Use Permit, or site-specific authorization in a planned development district (PD) or master planned community district (iVIPC), expires according to its terms; 2. A Watershed Protection Permit expires with the expiration of a Gas Well Development Site Plan. 3. A Gas Well Development Site Plan expires unless a complete application for a gas well permit has been filed within one (1) year of the date of approval of the site plan. 4. A Gas Well Permit expires if gas well drilling activities have not commenced within six (6) months of the date of approval of the Gas Well Pen-nit. 5. The expiration of any subsequent application results in the expiration of all prior approved applications. D. Approved applications for gas well drilling and production may not be extended prior to expiration. Following expiration of an approved application for gas well drilling and production, a new application must be submitted, which shall be subject to all DDC standards and procedures then in effect. E. Each authorization identified in this Section shall be construed as an exercise of the City's zoning powers, pursuant to City Charter, Tex. Loc. Gov't Code Chapter 211 and the provisions of subchapter 35.5 of the Denton Development Code. F. The authorizations required by this Subchapter are in addition to, and not in lieu of, any permits that may be required by any other provision of the Denton City code or by any other government agency. 35.22.5 A. The drilling and production of gas wells within the City limits or the City's ETJ shall include the following standards. 1. Separation standards. The following requirements apply only within City limits. a. No gas well drilling or production area may be located within one thousand feet (1,000') of any Protected Use, or freshwater well currently in use at the time a complete application for a Gas Well Development Plat or Gas Well Development Site Plan is filed, or within one thousand feet (1,000) of any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more structures. b. Except where more stringent separation distances are specified, the minimum separation distance between gas drilling or production, and all other uses or features other than those listed in 35.22.5.A.1.a, shall be five hundred feet (500'). c. The minimum separation requirement established in 35.22.5.A.1.a above may be reduced via the granting of a variance by the Zoning Board of Adjustment. Except that the Zoning Board of Adjustment shall not reduce the minimum separation distance any less than five hundred feet (500'). e. In lieu of 35.22.5.A.l.c above, the standards established in 35.22.5.A.l.a and b may be reduced if all the property owners of the Protected Uses, all owners of property with a freshwater well currently in use at the time a complete application for a Gas Well Development Site Plan is filed, and all owner of lots in a previously platted residential subdivision where one (1) or more lots have one (1) or more structures witlvn the reduced separation area, consent to the reduction via a notarized waiver, and the notarized waiver is attached to the permit application. However, the minimum 4 separation distance shall not be reduced to less than two hundred and fifty feet (250'), via the notarized waiver. f. Separation distances shall be measured from the boundary of the drilling and production areas identified on the Gas Well Development Plat of Gas Well Development Site Plan, in a straight line, without regard to intervening structures or objects, to the closest exterior point of any structure occupied by a Protected Use, or freshwater well currently in use at the time a complete application for a gas well development site plan is filed, or the closest lot line of any undeveloped lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more structures. 35.22.5.A.2 e. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a minimum of four inch (4") lettering shall be posted at the entrance of each drill site and operation site. The sign shall include the development or operating company that is currently responsible for the gas well plat or site plan, the Railroad Commission Well Identification Number and the American Petroleum Institute number for the well, the phone number for emergency services (911), the number for the operator, and any other well designation required by the Railroad Commission in two inch (2") lettering. n. All well heads, storage tanks, separation facilities or other mechanical equipment located within one thousand feet (1,000) of any protected use, or any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more structures, or within five hundred feet (500') of all other uses or features other than those listed in 35.22.5.A.1.a, and not within a floodplain, shall be screened from such uses, lots or features with an eight-foot (8') high or higher opaque decorative masonry wall, if the use, lot or feature preexisted the commencement of gas well drilling. 35.22.5.A.3 d. Internal combustion engines with mufflers may be used in drilling operations. Only electric motors shall be used for the purpose of pumping gas wells. k Except in the case of an emergency, gas well flaring shall only be conducted during day-time hours. 1 Gas well fracturing may only be conducted during day-time hours 3522.5.A.4 a. An operator is allowed to construct, use, and operate such storage equipment and separation equipment as shown on the approved Gas Well Development Site Plat of Gas Well Development Site Plan, except that permanent storage equipment and separation equipment may not exceed eight (8) feet in height. b. The use of centralized tank batteries is permitted as shown on the applicable Gas Well Development Plat or Gas Well Development Site Plan. 35.22.5.A.6.p No gas well permit will be issued for any well where the center of the well at the surface of the ground is located within one thousand (1,000) feet of an existing fresh water well intended for domestic use. 35.22.5.A.8.b A Watershed Protection Permit containing an ESA assessment of the drill site shall be submitted to the DRC by the 'Watershed Protection Department and/or the Floodplain Administrator for all applicable ESA's prior to the approval of a Gas Well Development Plat. 35.22.5.A.8.c.iv Tree Mitigation funds shall be paid prior to final approval of a Gas Well Development Plat or Gas Well Development Site Plan in a Flood Fringe or other ESA. 35.22.5.A.8.f No more than ten (10) percent of the floodplain, within the limits of the Gas Well Development Plat or Gas Well Development Site Plan, may be filled. 35.22.5.C Noise Management Standards The following standards apply to gas well drilling and production in the Cit r limits. 1. prior to the issuance of a Gas Well Drilling and Operating Permit, the Operator shall establish and submit to the City, a continuous seventy-two 72 hour pie-drilling Ambient Noise Level 5 measured three hundred (300) feet from the boundaries of the gas well drilling or production site. The seventy-two (72) hour time span shall include at least one (1) twenty-four (24) hour reading during either a Saturday or Sunday. 2. No gas well drilling or production, re-drilled or any equipment shall be operated at any gas well drilling or production site within the City in such a manner so as to create any noise that exceeds seventy five decibels (75dB) when measured three hundred (300) feet from the boundaries of the gas well drilling or production site. 3. The three hundred-foot (300') distance shall be measured from the boundaries of the gas well drilling or production site depicted on the Gas Well Development Plat or Gas Well Development Site Plan, in a straight line, without regard to intervening structures or objects. 4. If the ambient noise level that was established and submitted to the City in accordance with 35.22.5.C.1 is higher than seventy five decibels (75dB), the noise generated from the gas well drilling or production site may not exceed the established ambient noise level by more than five decibels (5dB) during daytime hours and three decibels (3dB) during nighttime hours, except as provided by 35.22.5.C.5 below, 5. The following adjustments to the noise standards as set forth above may be permitted intermittently during daytime hours only, except in the case of an emergency: Maximum Permitted Increase above 75dB or Maximum Duration established ambient, if ambient exceeds 75dB (minutes)* 10 dB 5 minutes 15dB 1 minute 20dB Less than 1 minute *Cumulative minuter during anyone hour 6. Acoustical blankets, sound walls, mufflers or other alternative methods as approved by the City may be used to ensure noise limitation compliance. All soundproofing shall comply with accepted industry standards and be subject to approval by the City's Fire Department. 7. The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute's Standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. 8. The noise level generated during gas drilling operations shall be continuously monitored to ensure compliance with the noise limitation standards established herein. The cost of such monitoring shall be borne by the Operator. The information from this monitoring shall be provided to the City upon request, in a format that is acceptable to the City. Failure to provide this information within 48 hours of the request is considered a violation of this subchapter. 9. If a complaint is received after gas well drilling operations by either the Operator or the City, the Operator shall immediately upon receipt of the complaint, continuously monitor the exterior noise level generated by the gas well drilling or production for a seventy-two (72) how: period and take the action necessary to abate the violation, if a violation exits. 10. In the event of a violation of this subsection, the City may immediately issue a citation to the Operator for the violation. 35.22.6 Gas Well Development Site Plan and Watershed Protection Permit A. Applicability 1. A Gas Well Development Site Plan shall be approved for any land within the City limits before a Gas Well Permit may be issued or any gas well drilling or production activities may occur. Approval of a Gas Well Development Site Plan authorizes the processing of a complete application for a Gas Well Permit. 2. A Watershed Protection Permit shall be approved prior to approval of any Gas Well 6 Development Site Plan, Gas Well Development Plat, or Gas Well Permit that includes land in any floodplain or ESA within the corporate limits or ETJ of the city. Approval of a Watershed Protection Permit authorizes the processing of a complete application for a Gas Well Development Site Plan or Gas Well Development Plat, as the case may be, that includes land in a floodplain or ESA. B. Application Requirements - G Well Development Site Plan 1. An application for a Gas Well Development Site Plan shall not be determined to be complete or deemed complete until: a. any required Specific Use Permit has been approved by the City Council; b. a complete application for a Watershed Protection Permit, where required, has been filed with the City pursuant to this subchapter. Approval of an application for a Gas Well Development Site Plan shall be conditioned on approval of an applicable Watershed protection Permit, and any conditions imposed with approval of the Watershed Protection Permit shall be deemed incorporated into the conditions of approval for the Gas Well Development Site Plan. 2. Approval of a Gas Well Development Site Plan authorizes the holder of the approved Site Plan to apply for a Gas Well Permit. 3. An application for a Gas Well Development Site Plan, in addition to those items set forth in Subsection 1, shall: a. Clearly delineate the boundaries of the gas well drilling or production area with metes and bounds description, and list the exact acreage of the area. All gas well drilling and production activities shall be limited to this area. b. Identify all ingress and egress points. c. Show the location of all floodplains and ESAs. d. Show the location of all freshwater well currently in use at the time of commencement of drilling activity within one thousand feet (1,000') of the gas well drilling and production area. e, Show the location of all structures with a protected use within one thousand feet (1,000') of the gas well drilling and production area; f. Identify and show proposed method of erosion and sediment control; g. Identify the location of proposed lease lines; h. Identify the location of all proposed gas wells, mud pits, ponds, and mechanical equipment; i. Label distances between gas wells and property lines; j. Provide typical well site schematics showing layout during drilling and upon completion of drilling; k. Show location of all proposed underground pipelines. As-built drawings shall be filed with the City (in a digital form as specified by the City, and as a condition of maintaining the annual operating permit). All pipelines proposed in public rights-of- way shall require a Right-of-Way Use Agreement. The City Manager shall have the authority to enter into a Right-of-Way Use Agreement; 1. Show the location of all pipelines and identify if pipelines connect with a Gas Distribution System; m. Identify the height, size, bulk and location of all structures, closed-loop systems, dehydrators, parking areas, security cameras, lighting, tanks, tank battery, drilling rigs, se arators, compressors, perimeter walls, utilities, and all other features or objects 7 contemplated within the boundaries of the gas well drilling or production area; n. Provide a Tree Protection Plan demonstrating compliance with the City's Tree Preservation Code; o. Provide a Signage Plan, complying with all requirements of the City for both the Drill Site and pipelines; p. When applicable, a Screening, Fencing, and Landscape Plan, detailing compliance with all landscape and screening measures to be taken to adequately irrigate all landscaping including the water source for irrigation and the proposed efforts to replace dead or dying screening vegetation; and q. Any other information deemed necessary by the Director of Planning and Development to verify compliance with these standards. C. Processing of Applications 1. An application for a Gas Well Development Site Plan shall be processed in the manner for an application for a gas well development plat, as provided in section 35.16.19 of the DDC. 2. A watershed protection permit shall be processed in accordance with the following: a. All applications for Watershed Protection Permits shall be filed with the Department, who shall immediately forward all applications to the DRC for review. Incomplete applications shall be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City shall retain a processing fee determined by the City Council. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. No application shall be deemed accepted for filing until the application is complete. b. The DRC may attach such conditions to approval of a Watershed Protection Permit as are necessary to assure that the requirements of Subsection 35.22.5 are met. c. Each Watershed Protection Permit approved by the DRC shall: i. Identify the name of each well subject to the permit; ii. Specify the date on which the Permit was issued; iii. Incorporate by reference all applicable standards of approval; and v. Incorporate by reference all applicable conditions of approval. d. The applicant may appeal the denial or conditional approval of a Watershed Protection Permit on grounds pertaining to the standards in Subsection 35.22.5.A.6 and 35.22.5.x1.8 to the Planning and Zoning Commission within ten (10) calendar days of the decision by the DRC. The Commission shall decide the appeal applying the standards made applicable to the permit by Subsection 35.22.5.x1.6 and 35.22.5.A.8. e. The applicant may file a petition for review pursuant to Subsection 35,22,5.x1.6 and 35.22.5.x1.8 on grounds therein specified to the City Council within ten (10) calendar days of the decision by the DRC. The Council shall decide the petition based upon the criteria in Subsection 35.22.5.A.6 and 35.22.5,x1.8, D. Criteria for Approval 1. No gas well development site plan shall contain more than one (1) drilling or production site, and the area shall not be greater than five (5) acres in size. Drilling of a different gas well within the area subject to an approved Gas Well Development Site Plan shall require an amendment to the site plan application. All standards in section 35.22.5 shall be met. All conditions attached to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 8 2. The following standards apply to an application for a Watershed Protection Permit: a. For land inside the City, all conditions imposed by any applicable Specific Use Permit or a Planned Development District for the land subject to the Watershed Protection Permit. b. Standards in Subsection 35.22.5(A)6 and 35.22.5(A)8. E. Expiration 1. A gas well development site plan shall automatically expire one (1) year from the date of approval, unless a gas well permit has been issued by the City for the same site. a. A gas well development site plan shall not be extended. The applicant may submit a new Gas Well Development Site Plan application for review and approval in accordance with all applicable requirements of the DDC then in effect. b. If the Gas Well Development Site Plan expires, then all permits approved prior to or simultaneous with the site plan shall likewise expire on the same date. 2. A Watershed Protection Permit shall expire with the expiration of the gas well development site plan and may not be extended prior to expiration. 35.22.7.F F. Applications for Gas Well Permits shall be in accordance with the following: 1. shall be in writing; 2. shall be on forms provided by the City; 3. shall be signed by the Operator; 4. shall include the application fee; 5. shall include a copy of the applicable Specific Use Permit, Planned Development Zoning District, or Gas Well Development Site Plan; and; 6. shall include the information required by the application Criteria Manual unless such information has been previously provided to the City. 35.22.9.D The security instrument may be provided for an individual well, or for multiple wells on a single pad site. The amount of the security shall be determined by the City Engineer, with due regard to the costs and risks to be secured in subsection A, above, either on a per-application basis, or as administratively established and amended in the application Criteria Manual, in the minimum amount of $50,000 for any single well, or $100,000 for multiple wells on the same pad site. 35.22.10 A. All applications for Gas Well Permits shall be filed with the Department who shall immediately forward all applications to the DRC for review. Incomplete applications shall be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City shall retain a processing fee determined by ordinance. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval of: 1. a Specific Use Permit or Planned Development District, where required; 2. a Watershed Protection Permit, where applicable; and 3. a Site Plan. Denial or conditional approval of any such applications shall be grounds for denial or conditional approval of the Gas Well Permit. B. The DRC shall review each application within 15 days after acceptance for filing and shall determine: 1. whether the application includes all of the information required by this Subchapter; 2. whether the application is in conformance with the a licable Gas Well Development Site 9 Plan, applicable Specific Use Permit or Planned Development Zoning District; and 3. whether the application is in conformance with the insurance and security requirements set forth in Subsection 35.22.8 and Subsection 35.22.9. C. The Fire Marshal shall review the application and the written report of the DRC and shall issue the Gas Well Permit after receiving the DRC report within 10 days unless he determines that the application is incomplete or that the application is not in conformance with the applicable Gas Well Development Site Plan, applicable Specific Use Permit, Planned Development Zoning District. The Fire Marshal may employ a technical advisor under the Fire Code. 35.22.10.F.8 Incorporate, by reference, the conditions of the applicable Watershed Protection permit, Gas Well Development Site Plan, and applicable Specific Use Permit or Planned Development Zoning District; 35.22.101 Expiration of Gas Well Permit 1. A Gas Well Permit is valid for six (6) months and shall automatically expire, unless gas well drilling activities have commenced prior to expiration. If gas drilling activities have commenced under a valid permit, the permit shall be renewed annually, subject to all applicable standards and the payment of all associated fees. 2. If a Gas Well Permit has been issued by the City but gas drilling activities have not commenced prior to the expiration of the permit, the permit shall not be extended; however, the operator may reapply for a new permit, subject to all requirements of the DDC then in effect. 3. If gas well drilling has commenced prior to the expiration of the gas well permit, the permit shall continue, and operator shall be subject to an annual Inspection and Administration fee. 4. If gas well drilling or production activities have commenced following issuance of a gas well permit before the expiration date, the approved site and drilling and production activities shall be subject to inspections by the City to ensure compliance with terms and conditions of the permit and all applicable standards of the DDC. 35.22.12.B All residences within one thousand (1,000) feet of a well shall be notified a minimum of forty-eight hours prior to fracturing of a wellhead. 35.22.13 A. An operator may submit an application to the Fire Marshal to amend existing gas well permits to: 1. commence drilling from a new drill site that is not shown on (or incorporated by reference as part o fl the existing permit; 2. to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit; or 3. to otherwise amend the existing permit, for land subject to the same approved Gas Well Development Site Plan. 35.22.13.B.4 4. Such additional information as is reasonably required by the Fire Marshal to demonstrate compliance with the applicable Development Site Plan, applicable Specific Use Permit or Planned Development Zoning District; and 35.22.13 D. If the activities proposed by the amendment are not materially different from the activities covered by the existing Gas Well Permit or Gas Well Development Site Plan, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Planned Development Zoning District, then the Fire Marshal shall approve the amendment within 10 days after the application is filed. E. If the activities proposed by the amendment are materially different from the activities covered by the existing gas well permit, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Development Plat, Gas Well Development Site Plan, applicable Specific Use Permit or Planned Development Zoning District, then the Fire Marshal shall approve the amendment within 30 days after the application is filed. If, however, the activities proposed by the amendment are materially different or, in the judgment of the Fire 10 Marshal, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Fire Marshal may require the amendment to be processed as a new gas well permit application. 35.22.15.B The Fire Marshal or the oil and gas inspector shall have the authority to enter and inspect any premises covered by the provisions of this subchapter, to determine compliance with its provisions, and all applicable laws, rules, regulations, standards, or directives of any local state or federal authority. 35.22.17.A The Fire Marshal and the oil and gas inspector are authorized and directed to enforce this Subchapter and the provisions of any Gas Well Permit. Whenever necessary to enforce any provision of this Subchapter or a Gas Well Permit, or whenever there is reasonable cause to believe there has been a violation of this Subchapter or a Gas Well Permit, the Fire Marshal or oil and gas inspector, may enter upon any property covered by this Subchapter or a Gas Well Permit at any reasonable time to inspect or perform any duty imposed by this Subchapter. If entry is refused, the City shall have recourse to every remedy provided by law and equity to gain entry. DDC 35.23 Improvement (Public or Private). Any physical man-made addition which becomes part of, is placed upon, or is affixed to any real property, or any part of such addition, including but not limited to, any building, structure, bridge, work of art, parking facility, public facility, fence, gate, wall, streets and all related appurtenances, utilities, pedestrianways, bikeways, equestrian trails, landscaping or irrigation, whether involving the subdivision of land or not. Project. A specific development on an identifiable parcel of land. Project improvements. Site improvements and facilities that are planned and designed to provide for a particular development project and that are necessary for the use and convenience of the occupants or users of the project. Project site. That portion of any lot, parcel, tract, or combination thereof that encompasses all phases of the total project proposal. Ordinance Add the following fee schedule to Ordinance 2005-237: 2005-237 Activity Fee The following fees shall be charged for the first two (2) reviews Gas Well SUP Review $12,500 Gas Well Development Site Plan $7,500 Gas Well Development Plat Review $5,000 Gas Well Plat/Site Plan Amendment $5,000 Each additional two (2) reviews $5,000 The following fees shall be charged annually, per gas' well Annual Inspection and Administration Fee (within City) $3,200 Annual Inspection and Administration Fee (within ETJ) $1,800 The following fees shall be charged per each application Transfer of Operation $700 Watershed Protection Permit $3,000 Gas Well Permit $550 Fracture/Drill Pond $550 Compressor Facility Permit $550 11 ORDINANCE NO. 2010-196 (SECOND REVISION) 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CERTAIN SECTIONS WITHIN SUBCHAPTERS 3, 16, 22, AND 23 OF THE DENTON DEVELOPMENT CODE, RELATING TO GAS WELL DRILLING AND PRODUCTION, DEFINITIONS, AND PROCEDURES, AS PREVIOUSLY AMENDED BY ORDINANCE NO. 2010-181; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, SEVERABILITY AND EFFECTIVE DATE. (DCA10-0006). WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, the authority of a home rule municipality to regulate the exploration and production of natural gas within its city limits and extraterritorial jurisdiction as provided herein, is legislatively recognized, inter alia, at §92.007 of the Texas Natural Resources Code; §§54.012, 212.003, 212.044 and 217.042 of the Texas Local Government Code; and numerous other legislative and Constitutional provisions of the State of Texas; and WHEREAS, the City has codified its regulations governing gas well drilling and production within the City and extraterritorial jurisdiction in Subchapters 16 and 22 of the Denton Development Code, and applicable procedures and definitions in Subchapters 3 and 23; and WHEREAS, after public hearings, the City Council recently amended certain of these codified standards, as set forth in Exhibit 1 to Ordinance 2010-181, for the reasons therein stated; and WHEREAS, in response to further input from both citizens and industry representatives, the Council desires to further refine and clarify certain provisions changed in Exhibit 1 to Ordinance 2010-181, to more clearly achieve the purposes underpinning those changes; and WHEREAS, after providing notice and after conducting public hearings as required by law, the City Council finds that the subject changes to the Development Code, as previously amended by ordinance 2010-181, are consistent with Comprehensive Plan and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. I SECTION 2. Subchapters 3, 16, 22 and 23 of the Denton Development Code, as amended by Ordinance 2010-181, are amended to incorporate the specific changes, as identified by section or subsection in Exhibit "l", and such changed sections or subsections shall 1 At the August 17, 2010 City Council meeting where these revisions were discussed, the approval motion incorporated numerous modifications that were incorporated into the final signed copy of Ordinance 2010-196; however, it was later discovered that the changes were incomplete. This revised copy incorporates the missing elements considered and approved by the City Council at the August 17, 2010 meeting. Revisions noted with an asterisk. Page 1 hereinafter read verbatim as set forth in Exhibit "1", which is attached and incorporated fully herein by reference; all provisions not specifically changed herein shall remain as written. SECTION 3. It is the intent of the City Council that the provisions of this ordinance shall apply prospectively to applications for gas well drilling and production, except to the extent that state law allows the City to apply new regulations to existing approved or pending applications. It is the further intent of the City Council that the provisions of this ordinance shall apply to any substantive amendment to an existing approved application for gas well drilling and production. SECTION 4. All ordinances in conflict herewith, are amended and superseded to the limited extent of such conflict, and all remaining sections and provisions of such ordinances, not in direct conflict herewith, are hereby made cumulative. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 6. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7. The specific changes made by this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the Lj=day of 2010. MARK BURROU YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP VEDA O LEGAL FORM: ANI A BURGESS, CITY ATTORNEY BY: Page 2 Exhibit 1- Clean Version Citation Proposed Ordinance 35.16.19.E 5. If gas well drilling or production has commenced, the gas well drilling and production area shall be subject to inspections by the City. DDC 35.22.2 Drilling and Production Area (AKA Gas Well Park, Gas (Fell Pad Site). The area dedicated to all gas well drilling and production activities, including the drill site, all structures, closed-loop systems, dehydrators, parking areas, security cameras, lighting, tanks, tank battery, drilling rigs, separators, compressors, perimeter walls, utilities, and all other features or objects contemplated for use during and after gas well drilling or production, as designated on the Gas Well Development Plat or Gas Well Development Site Plan. Habitable Structure Structures suitable for human habitation or occupation for which a Certificate of Occupancy or Final Inspection Certificate is required, including but not limited to single or multi- family dwellings, accessory guest houses, hotels, condominium buildings, public buildings, and enclosed buildings used for commercial or industrial purposes. A habitable structure shall not include non-habitable accessory buildings, mobile homes, barns, garages and sheds. [Residence definition deleted] Site-specific authorization means the prior approval by ordinance of City Council, of one or more specifically located and defined gas well site locations, subject to further site design, development, regulatory and permitting requirements, as set forth in this Code or as specified within the site approval ordinance (or both), as applicable. 35.22.3 Zoning District Classifications for Gas Well Drilling and Production A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential (RD-5) or within any unzoned area of the City that is subject to the use regulations of the RD-5 District, Rural Commercial (RC), Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC- N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC- q, Employment Center Industrial (EC-1), Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts, except as provided in subsection B, and subject to compliance with the requirements of this subchapter. B. The drilling and production of gas within the corporate limits of the City in all other zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6, or through approval of a Detailed Plan in a Planned Development (PD) district, or site-specific authorization in Master Planned Community (1VIPC) district. Notwithstanding the provisions of Subsection A, approval of a Specific Use Permit also shall be.required for gas well drilling and production on any land located within the 100-year floodway or within one thousand, two hundred feet (1,200') of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. 35.22.4 Required Authorization for Gas Well Drilling and Production in City Limits A. No gas well drilling or production activities may commence within the City limits until the following authorizations have been obtained, in the following sequence: 1. Approval of a Specific Use Permit, where required by section 35.22.3.B., approval of a Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (MPC) district; G. Legal Non-Conformity Provision 1. The amendments to the standards and procedures enacted by Ord. No. 2010-181 pertaining to changes in Denton Development Code Subchapters 35-3, 35-16, 35-22 and 35-23 do not apply to applications for permits for gas well drilling and production if, on the effective date of such ordinance (August 4, 2010), the following circumstances existed: a. For Gas Well Development Plats and associated Watershed Protection Permit, a complete application for a Gas Well Development Plat, together with an required 1 Watershed Protection Permit application, was pending for decision on such date, or the area to be platted was the subject of an approved SUP, detailed plan within a PD district, or site-specific authorization within a NMC district for gas well drilling and production that was still in effect on August 4, 2010, provided that the application is subject to all gas well drilling and production standards in effect immediately prior to such date. b. For Gas Well Permits, the application for the Gas Well Permit is subject to a Gas Well Development Plat that identifies the well site, the Plat was approved prior to August 4, 2010, and gas well drilling and production activities previously have commenced for another gas well subject to the approved Gas Well Development Plat that is located within one thousand feet (1,000') of the proposed gas well site, provided that the application is subject to all gas well drilling and production standards in effect immediately prior to such date. 2. For Gas Well Permits other than those described in subsection 1.b., if a complete application for a Gas Well Permit was pending on August 4, 2010, the application is not subject to the separation standards prescribed in section 35.22.5.A.1, as amended ordinance 2010-181, provided that the application is subject to all gas well drilling and production separation standards in effect immediately prior to such date. 35.22.5 A. The drilling and production of gas wells within the City limits shall be subject to the following standards. 1. Separation standards. The following requirements apply only within City limits. a. No gas well drilling or production area may be located within one thousand feet (1,000') of any Protected Use, or freshwater well currently in use at the time a complete application for a Gas Well Development Plat or Gas Well Development Site Plan is filed, or within one thousand feet (1,000') of any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures. b. Except where more stringent separation distances are specified, the minimum separation distance between a gas drilling or production area and all other habitable structures other than those listed in 35.22.5.A.1.a, shall be five hundred feet (500'). d. In lieu of 35.22.5.A.1.c above, the standards established in 35.22.5.A.1.a and b may be reduced if all the property owners of the Protected Uses, all owners of property with a freshwater well currently in use at the time a complete application for a Gas Well Development Site Plan is filed, and all owner of lots in a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures within the reduced separation area, consent to the reduction via a notarized waiver, and the notarized waiver is attached to the permit application. However, the minimum separation distance shall not be reduced to less than two hundred and fifty feet (250'), via the notarized waiver. e. Notwithstanding any other provision of this subsection, a Protected Use or lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures may be located as close as two hundred fifty feet (250') of a pre-existing drilling and production area, provided that the lots or Protected Use is not served by a freshwater well that is located within one thousand feet (1,000') of the drilling and production area. 2 35.22.5.A.2 n. All well heads, storage tanks, separation facilities or other mechanical equipment located within one thousand feet (1,000') of any Protected Use, or any lot within a previously platted residential subdivision where one (1) or more lots have one (1) or more habitable structures, or within five hundred feet (500') of all other habitable structures other than those listed in 35.22.5.A.1.a, and not within a floodplain, shall be screened with an eight-foot (8') high or higher opaque decorative masonry wall, if the Protected Use, habitable structures, or platted lot preexisted the approval of the first applicable requirement in the sequence of authorizations established under 35.22.4. 35.22.5.A.8.b A Watershed Protection Permit containing an ESA assessment of the drill site shall be submitted to the DRC by the Watershed Protection Department and/or the Floodplain Administrator for all applicable ESA's prior to the approval of a Gas Well Development Plat or Gas Well Development Site Plan. 35.22.5.A.8.f No more than ten (10) percent of the floodplain, within the limits of the gas Drilling and Production Area may be filled. 35.22.5.C Noise Management Standards The following standards apply to gas well drilling and production in the City limits. 2. No gas well drilling equipment, production equipment, re-drilling equipment, or any other associated equipment shall be operated at any gas well drilling or production area within the City in such a manner so as to create any noise that exceeds seventy five decibels (75dB) when measured three hundred (300) feet from the boundaries of the gas well drilling or production area, 4. If the ambient noise level that was established and submitted to the City in accordance with 35.22.5.C.1 is higher than seventy five decibels (75dB), the noise generated from the gas well drilling or production area may not exceed the established ambient noise level by more than five decibels (5dB) during daytime hours and three decibels (3dB) during nighttime hours, except as provided by 35.22.5.C.5 below. 35.22.5.A.8.C.rv Tree Mitigation funds shall be paid prior to final approval of a gas Drilling and Production Area in a Flood Fringe or other ESA. 35.22.6 Gas Well Development Site Plan and Watershed Protection Permit B. Application Requirements - Gas Well Development Site Plan [Title amendment only] D. Criteria for Approval 1. No Gas Well Development Site Plan shall contain more than one (1) drilling or production area, and the area shall not be greater than five (5) acres in size. All standards in section 35.22.5 shall be met, and all conditions attached to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 35.22.10 A. All applications for Gas Well Permits shall be filed with the Department who shall immediately forward all applications to the DRC for review. Incomplete applications shall be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City shall retain a processing fee determined by ordinance. The City may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval of 1. a Specific Use Permit, where required, a Detailed Plan in a Planned Development D 3 district, or a site-specific authorization in a Master Planned Community (MPC) district; 2. a Watershed Protection Permit, where applicable; and 3. a Gas Well Development Site Plan. Denial or conditional approval of any such applications shall be grounds for denial or conditional approval of the Gas Well Permit. B. The DRC shall review each application within 15 days after acceptance for filing and shall determine: 2. whether the application is in conformance with the applicable Gas Well Development Site Plan, applicable Specific Use Permit or Planned Development Zoning District; and 3. whether the application is in conformance with the insurance and security requirements set forth in Subsection 35.22.8 and Subsection 35.22.9. C. The Fire Marshal shall review the application and the written report of the DRC and shall issue the Gas Well Permit after receiving the DRC report within ten (10) days or determine that the application is not in conformance with the applicable Gas Well Development Site Plan, applicable Specific Use Permit, Detailed Plan in a Planned Development (PD) district, or site- specific authorization in a Master Planned Community (MPC) district. The Fire Marshal may employ a technical advisor under the Fire Code. 35.22.10.1 Expiration of Gas Well Permit 3. If gas well drilling has commenced prior to the expiration of the Gas Well Permit issued by the City, the permit shall continue, and Operator shall be subject to an Annual Inspection and Administration fee. 4. If gas well drilling or production activities have commenced following issuance of a Gas Well Permit by the City before the expiration date, the approved drilling and production area and all activities shall be subject to inspections by the City to ensure compliance with terms and conditions of the Gas Well Permit and all applicable standards of the DDC. 35.22.12.B All dwellings within one thousand (1,000) feet of a well shall be notified a minimum of forty-eight hours prior to fracturing of a wellhead. 35.22.13 Amended Gas Well Permits D. If the activities proposed by the amendment are not materially different from the activities covered by the existing Gas Well Permit or Gas Well Development Site Plan, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (IVII'C) district, then the Fire Marshal shall approve the amendment within ten (10) days after the application is filed. E. If the activities proposed by the amendment are materially different from the activities covered by the existing gas well permit, and if the proposed activities are in conformance with the applicable Watershed Protection Permit, Gas Well Development Site Plan, applicable Specific Use Permit or Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a Master Planned Community (MPC) district, then the Fire Marshal shall approve the amendment within thirty (30) days after the application is filed. In addition, if the activities proposed by the amendment are materially different or, in the judgment of the Fire Marshal, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Fire Marshal may require the amendment to be processed as a new Gas Well Permit application. i 4 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kevin Gunn at 349-8595 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance awarding a contract to INX, Inc. for the lease purchase of Hardware, Software, and Professional Services to establish a disaster recovery data center for the City of Denton as awarded by the State of Texas Department of Information Resources (DIR- SDD-621/DIR-SDD-1418/DIR-SDD-1386); providing for the expenditure of funds therefor; and providing an effective date (File 4759-Lease Purchase of Hardware, Software and Professional Services for Disaster Recovery Data Center from INX, Inc. in the amount of $696,185.54, with total finance payments of $711,546.01). FILE INFORMATION The City of Denton utilizes seventeen software applications (listed in Table 1) that are critical to the City as a municipal government. These software applications provide essential operations, communications, accounting, and financial services. All of the critical applications are hosted in a single data center located at the City Hall East facility. Multiple redundancies are in place within the data center for power, cooling, network, computing and disk storage resources. However, a risk of disruption to critical applications still exists since they are located in a single facility. If the City Hall East data center is compromised by a disaster, the City would experience serious disruption to essential operations, communications, accounting, and financial services. For instance, the Northstar Utility Billing System collected over $177,000,000 in operating revenue for the Electric, Water, Wastewater, and Solid Waste utilities in Fiscal Year 2009-2010. A one-day outage for Northstar represents $737,500 in missed revenue collection and approximately 5,000 missed electric and water meter readings. A disaster that renders the City Hall East data center unusable would cause at least a two week disruption to the critical applications in Table 1. New equipment would need to be procured, installed and configured. Data would need to be restored from tape archive. Testing would have to be performed to ensure the integrity of the restored software and data. All of these activities would have to be performed without the benefit of the software systems that normally manage and facilitate these activities (for example-email, procurement system, data network communications, and historical documents from file servers). Agenda Information Sheet July 19, 2011 Page 2 FILE INFORMATION (CONTINUED) A recent internal risk assessment identified robust and reliable technology systems as a major internal risk to the organization. Increasingly, the organization relies on technology systems to perform work. Work becomes severely limited or halted when technology systems are disrupted. Technology systems that can survive a major disruption to the system infrastructure are needed to mitigate the risk identified during the assessment. Acknowledging the organization's dependence on technology systems and the risk posed by a single location for these systems, the Technology Services Department began investigating the feasibility of building a second data center. The second data center would provide the critical applications listed in Table 1 with minimal disruption (e.g. minutes not days) in the event that the City Hall East data center is rendered unusable. The required elements are a location for the data center, data communications network connectivity and services, computing resources, disk storage resources, and the ability to replicate the application data between the sites in real-time. These elements are discussed below. Location- Denton Municipal Electric is constricting a Systems Operations Building at its Spencer Road location capable of withstanding an EF3 tornado. This facility has enough space to accommodate the equipment necessary to provide the critical applications and has the power and cooling needed for this type of equipment. Denton Municipal Electric has agreed to provide space for the equipment. Data Communications- Core data communications switching and Internet Protocol routing occurs at the City Hall East data center on a Cisco Nexus 7000 switch. No data network communication can occur if this equipment is rendered unusable. Therefore, this equipment must be duplicated at the second data center site. The cost of the Nexus 7000 switch is $136,006.12. Computing and Disk Resources- The City currently uses VMWare virtualization technology, Cisco Unified Computing System server technology, Cisco networking technology, and EMC disk storage technology at the City Hall East data center to deliver all of the software applications listed in Table 1. These technologies were purchased separately and assembled by the Technology Services staff. VCE, Inc. provides a self-contained solution that combines the technologies of VMWare, Cisco Unified Computing Systems, Cisco networking technology and EMC disk storage into a single cabinet. The solution, called VBlock, is assembled by VCE and delivered to the City ready to support our critical applications. In addition, the VBlock represents a significant savings over purchasing the components separately. The cost of the VBlock is $306,996.47 compared to purchasing the components separately at a cost of $400,741.14. Agenda Information Sheet July 19, 2011 Page 3 Data Replication- In order to restore the critical applications listed in Table 1 to full functionality, the data and software must be duplicated between the two sites in a process called replication. To minimize the amount of time required to restore application functionality and the potential for lost information, the replication must occur at the speeds that disk storage operates. EMC offers the VPlex system that replicates data at disk speeds. The data is written or read from the disk at both sites simultaneously at two sites. With identical replicated data, the critical applications can be restored to full functionality within 5 minutes of an outage at the City Hall East data center. The cost for the VPlex system is $182,672.40. Additional Costs- In addition to the costs discussed above, the project includes expanding the Cisco Unified Computing System at City Hall East so that the critical application will have identical hardware at the City Hall East data center and at the second data center location. The cost for identical hardware for City Hall East is $49,061.15. Also, included are fiber optic connectors for existing networking switches. The fiber optic connectors are utilized by the VPlex system. The fiber optic connectors cost a total of $4,817.40. Finally, professional services for integrating the new equipment into the existing infrastructure at the City Hall East data center are included at a cost of $16,632.00. Total cost for hardware, software, and professional services to install and operate the second data center is $696,185.54. Table 1 Application Description Microsoft Exchange Provides email communications for all staff and elected officials Microsoft Office Communications Server Provides messaging services for staff Microsoft SharePoint Provides intranet portal and access to centralized information storage for all City staff Cisco Unity Provides voicemail functionality for all desk phone lines in the City JD Edwards Enterprise Resource Planning Provides essential General Ledger, A/P, A/R, System Fixed Asset accounting, Human Resources, Payroll, Purchasing, and Warehouse functionality for all City departments Harris Northstar Provides utility billing and customer information system mCare Provides utility meter management functionality eCare Provides internet access to utility customers for billing and consumption history Itron MDMS Provides database storage and billing determinant calculation for automatic meter infrastructure Agenda Information Sheet July 19, 2011 Page 4 Table 1 (Continued) Trilliant Provides automatic meter infrastructure for collecting utility interval meter readings Incode Provides Municipal Court case management and fine/fee collections functionality Domain Controllers/DHCP/DNS Provides essential data communications network infrastructure services Pano Manager Provides essential services for virtual desktop infrastructure File Servers for H:, O:, S: Provides network file storage for all City department users Paradigm Provides essential services for Landfill scale operations and customer billing TrakIT Provides essential operational functionality for Inspections, Code Enforcement, Planning, and Development Review Active Network Provides essential operational functionality for Parks and Recreations Department Procurement- The Technology Services Department could not identify any vendors within the city limits that could provide the range of hardware, software and services required to implement a second data center as described above. Therefore, Technology Services staff utilized the Texas Department of Information Resources (DIR) cooperative contracts for pricing and procurement. These contracts consistently offer the lowest prices and best value for technology purchases because they aggregate volume purchases across state agencies and local governments statewide. In addition, these cooperative contracts meet the requirements for competitive bidding under the Texas Local Government Code and the Texas Building and Procurement Commission regulations. Using the DIR contracts streamlines the procurement process and provides the best value for the City of Denton. Technology Services investigated several procurement options that balanced the objective of minimizing the budget impact in any single fiscal year with expedient implementation. The recommended option is a three-year lease purchase agreement which spreads the payments across four fiscal years. Two lease purchase proposals were reviewed with the best value proposed by Key Government Finance, Inc. with total interest payments of $15,360.47. The payment schedule is listed in Table 2. Table 2 FY10-11 FYI 1-12 FY12-13 FY13-14 $118,591.00 $237,182.00 $237,182.00 $118,591.01 Agenda Information Sheet July 19, 2011 Page 5 RECOMMENDATION Technology Services recommends awarding a contract to INX, Inc. for the Lease Purchase of Hardware, Software, and Professional Services to establish a disaster recovery data center for the City of Denton as awarded to INX, Inc. in the amount of $696,185.54, with total finance payments of $711,546.01 PRINCIPAL PLACE OF BUSINESS INX, Inc. Lewisville, Texas ESTIMATED SCHEDULE OF PROJECT The project will be completed by September 16, 2011. FISCAL INFORMATION Funding for the initial $118,591 lease payment is budgeted in the FY 2010-11 Technology Services operating budget account 830001.8545. Requisition 103765 has been entered in the Purchasing software system. Subsequent lease payments will be budgeted in each fiscal year. EXHIBITS Exhibit 1: Quote from INX, Inc. Exhibit 2: Lease Purchase Agreement Respectfully submitted: 1 k 4-- Antonio Puente, Jr., 349-7283 Assistant Director of Finance I-aIS-File 479 E N Ln C) F" C) C) It* ® ~D rl N gD Fl- N u1 O O gm Fl- ~D 001 00 ~D 00 M ONO O a) a r-I r-I M W ~ L Y s LA 0 X ~u J fC LU 3 m 0 ~ N O ~U L Q a o M E •i a 3 i O1 0 J N O w U c M -1 0 r- CL Ln x CL 3 u' > p LL. O1 N U U J of O z w > o a a, N T-1 > Ln 0 Ln 00 N • • • • • • N r 00 en X M 01 N ~ E Y O W i Ln Q N > V W w Q Ln a) V RT OJ Ln fO ? {n i H a L D Exhibit 2 0 10 0 0 10 0 <>MR. Key Government Finance, Inc. 1000 South McCaslin Boulevard Superior, CO 80027-9456 July 11, 2011 City of Denton Kevin Gunn 215 E. McKinney Denton, TX 76201 Dear Mr. Gunn: Enclosed, please find two (2) sets of financing documents for your review and execution. (If these documents were emailed to you, please print out two (2) sets.) Execute both sets and return all of the originals to my attention. The original sets of the executed documents are required prior to funding your transaction. To expedite the return of these documents, please overnight them to me using Key Government Finance's FedEx account # 129905042, and send to: KEY GOVERNMENT FINANCE, INC. ATTN: ISAAC HUDSON 1000 S. MCCASLIN BLVD, SUPERIOR, CO 80027. All fully executed documents must be returned no later than July 26, 2011; otherwise, the transaction may be subject to re-pricing. Only the person with Signing Authority should execute the documents. For verification of original documents, please execute in blue ink. Upon closing, Key Government Finance will return a fully executed original set for your files. Please refer to the enclosed Document Checklist when preparing the documents. Executed documents required for funding are: 1. Tax-Exempt Lease/Purchase Agreement 2. Addendum to Tax-Exempt Lease/Purchase Agreement 3. Property Schedule 4. Property Description and Payment Schedule (Exhibit 1) 5. Lessee's Certificate (Exhibit 2) and a copy of the Board minutes or resolutions authorizing this new lease. 6. Payment of Proceeds Instructions (Exhibit 3) 7. Acceptance Certificate (Exhibit 4) 8. Bank Qualification Certificate (Exhibit 5) 9. Certificate of Insurance - Required prior to funding. 10. Notification of Tax Treatment with Tax Exemption Certificate or Letter - Required for annual state tax audits. 11. 8038-G IRS form with Report Number filled in - Original required to be submitted to the IRS at funding, which we will submit on your behalf. 12. Invoicing Instructions - Required in order to ensure that invoices are directed to the proper area in your organization. 13. Escrow Agreement Please contact me at 720-304-1288with any questions or concerns you may have. Sincerely, Isaac Hudson , Account Manager KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper DOCUMENTATION CHECKLIST ❑ Tax-Exempt Lease/Purchase Agreement -Schedule 1* ❑ Addendum to Tax-Exempt Lease/Purchase Agreement* ❑ Property Schedule 1* ❑ Property Description and Payment Schedule -Exhibit 1 ❑ Lessee's Certificate - Exhibit 2. Please fill in the date of the meeting of the governing body, referenced in section 1. We require a copy of those minutes or board resolutions for our files. ❑ Payment of Proceeds Instructions - Exhibit 3. This is the Vendor payment information. ❑ Acceptance Certificate - Exhibit 4. The date of Acceptance will need to be filled in with the date the equipment is installed and accepted. ❑ Bank Qualification Certificate -Exhibit 5 (One of the boxes must be checked) ❑ Request for Certificate of Insurance - Please fill out the form and fax it to your insurance company. The Insurance Certificate is required prior to funding. ❑ Notification of Tax Treatment - Please provide your State of Sales/Use Tax Exemption Certificate ❑ Invoicing Instructions - The information you provide enables us to invoice you correctly. ❑ Escrow Agreement Please keep copies of Exhibit A (Form of Requisition of Costs of Property) and Schedule 1 (Disbursement Schedule). When you are ready to disburse funds from Escrow, you will need to sign and fill in both Exhibit A and Schedule 1. Along with those 2 forms, we will need copies of invoices. Exhibit 5 (Acceptance Certificate) will need to be filled out when the project is complete and it is your final payment request. ❑ list Payment *The items above marked with an asterisk require a signature in the presence of a witness/attestor. The attesting of the signature does not require a notary, but the signature of a person present at the time the document is signed. KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 Tax-Exempt Lease/Purchase Agreement BETWEEN: Key Government Finance, Inc. (the "Lessor") 1000 South McCaslin Blvd. Superior, CO 80027 AND: City of Denton (the "Lessee") 215 E. McKinney Denton, TX 76201 Attention: Kevin Gunn Telephone: 940-349-8595 DATED: 7/1/2011 ARTICLE I 1.01 Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agent" means any agent for the Registered Owners, if any, to which all or a portion of Lessor's right, title and interest in, to and under the Property Schedule and the Property under the Property Schedule may be assigned for the benefit of the Registered Owners of Lease Participation Certificates in the Property Schedule. "Agreement" means this Tax-Exempt Lease/Purchase Agreement, including all exhibits and schedules attached hereto. "Commencement Date" is the date when the term of the Property Schedule and Lessee's obligation to pay rent thereunder commences, which date shall be set forth in the Property Schedule. "Event of Nonappropriation" is defined in Section 6.06. "Event of Default" is defined in Section 13.01. "Lease Participation Certificates" means certificates evidencing a right to receive a share of Rental Payments payable under the Property Schedule and Purchase Price Payments payable under the Property Schedule and any other rights set forth herein with respect to the Property under said Property Schedule. "Lease Term" means, with respect to the Property Schedule, the Original Term and all Renewal Terms. The Lease Term for the Property Schedule executed hereunder shall be set forth in the Property Schedule, as provided in Section 4.02. "Lessee" means the entity identified as such in the first paragraph hereof, and its permitted successors and assigns. "Lessor" means the entity identified as such in the first paragraph hereof, and its successors and assigns. "Original Term" means, with respect to the Property Schedule, the period from the Commencement Date until the end of the budget year of Lessee in effect at the Commencement Date. "Property" means, collectively, the property leased/purchased pursuant to this Agreement and Property Schedule and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article IX. "Property Schedule" means the Property Schedule in the form attached hereto for Property Schedule 1. "Purchase Price" means the amount that Lessee may, in its discretion, pay to Lessor to purchase the Property under the Property Schedule, as provided in Section 11.01 and as set forth in the Property Schedule. "Registered Owners" means the registered owners of Lease Participation Certificates in the Property Schedule as shown on the registration books maintained by the Agent. "Renewal Terms" means the renewal terms of the Property Schedule, each having a duration of one year and a term coextensive with Lessee's budget year. "Rental Payments" means the rental payments payable by Lessee under Article VI of this Agreement and the Property Schedule, as set forth in the Property Schedule. "Rental Payments Dates" means the rental payments dates for the Rental Payments as set forth in the Property Schedule. "State" means the state in which Lessee is situated. "Vendor" means the manufacturer or contractor of the Property as well as the agents or dealers of the manufacturer or contractor from whom Lessor or Lessee purchased or is purchasing all or any portion of the Property. ARTICLE II 2.01 Property Schedule. Upon the occurrence of an Event of Default or an Event of Nonappropriation with respect to the Property Schedule, Lessor shall have the rights and remedies specified herein with respect to the Property financed and the Rental Payments payable under the Property Schedule. KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 ARTICLE III 3.01 Covenants of Lessee. As of the Commencement Date for the Property Schedule executed and delivered hereunder, Lessee shall be deemed to represent, covenant and warrant for the benefit of Lessor, any Agent, and any Registered Owners, as follows: (a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws of the State with full power and authority to enter into this Agreement and the Property Schedule and the transactions contemplated thereby and to perform all of its obligations thereunder. (b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic. To the extent Lessee should merge with another entity under the laws of the State, Lessee agrees that as a condition to such merger it will require that the remaining or resulting entity shall be assigned Lessee's rights and shall assume Lessee's obligations hereunder. (c) Lessee has been duly authorized to execute and deliver this Agreement and the Property Schedule by proper action by its governing body, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and the Property Schedule, and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the Property Schedule and the acquisition by Lessee of the Property thereunder. (d) During the Lease Term for the Property Schedule, the Property thereunder will perform and will be used by Lessee only for the purpose of performing essential governmental uses and public functions within the permissible scope of Lessee's authority. (e) Lessee will provide Lessor with current financial statements, budgets and proof of appropriation for the ensuing budget year and other financial information relating to the ability of Lessee to continue this Agreement and the Property Schedule in such form and containing such information as may be requested by Lessor. (f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including Sections 103 and 148 thereof, and the regulations of the Treasury Department thereunder, from time to time proposed or in effect, in order to maintain the excludability from gross income for federal income tax purposes of the interest component of Rental Payments under the Property Schedule and will not use or permit the use of the Property in such a manner as to cause the Property Schedule to be a "private activity bond" under Section 141(a) of the Code. Lessee covenants and agrees that it will use the proceeds of the Property Schedule as soon as practicable and with all reasonable dispatch for the purpose for which the Property Schedule has been entered into, and that no part of the proceeds of the Property Schedule shall be invested in any securities, obligations or other investments except for the temporary period pending such use nor used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the date of issuance of the Agreement, would have caused any portion of the Property Schedule to be or become "arbitrage bonds" within the meaning of Section 103(b)(2) or Section 148 of the Code and the regulations of the Treasury Department thereunder proposed or in effect at the time of such use and applicable to obligations issued on the date of issuance of the Property Schedule. (g) The execution, delivery and performance of this Agreement and the Property Schedule and compliance with the provisions hereof and thereof by Lessee does not conflict with or result in a violation or breach or constitute a default under, any resolution, bond, agreement, indenture, mortgage, note, lease or other instrument to which Lessee is a party or by which it is bound by any law or any rule, regulation, order or decree of any court, governmental agency or body having jurisdiction over Lessee or any of its activities or properties resulting in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any property or assets of Lessee or to which it is subject. (h) Lessee's exact legal name is as set forth on the first page of this Agreement. Lessee will not change its legal name in any respect without giving thirty (30) days prior notice to Lessor. ARTICLE IV 4.01 Lease of Property. On the Commencement Date of the Property Schedule executed hereunder, Lessor will be deemed to demise, lease and let to Lessee, and Lessee will be deemed to rent, lease and hire from Lessor, the Property described in the Property Schedule, in accordance with this Agreement and the Property Schedule, for the Lease Term set forth in the Property Schedule. 4.02 Lease Term. The term of the Property Schedule shall commence on the Commencement Date set forth therein and shall terminate upon payment of the final Rental Payment set forth in the Property Schedule and the exercise of the Purchase Option described in Section 11.01, unless terminated sooner pursuant to this Agreement or the Property Schedule. 4.03 Delivery. Installation and Acceptance of Property. Lessee shall order the Property, shall cause the Property to be delivered and installed at the locations specified in the Property Schedule and shall pay all taxes, delivery costs and installation costs, if any, in connection therewith. To the extent funds are deposited under the escrow agreement or trust agreement for the acquisition of the Property, such funds shall be disbursed as provided therein. When the Property described in the Property Schedule is delivered, installed and accepted as to Lessee's specifications, Lessee shall immediately accept the Property and evidence said acceptance by executing and delivering to Lessor the Acceptance Certificate substantially in the form attached to the Property Schedule. ARTICLE V 5.01 Enjoyment of Property. Lessee shall during the Lease Term peaceably and quietly have, hold and enjoy the Property, without suit, trouble or hindrance from Lessor, except as expressly set forth in this Agreement. No Registered Owner shall interfere with such quiet use and enjoyment during the Lease Term so long as Lessee is not in default under the Property Schedule. 5.02 Location; Inspection. The Property will be initially located or based at the location specified in the Property Schedule. Lessor shall have the right at all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Property. ARTICLE VI 6.01 Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments 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, statutory or charter limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the faith and credit or taxing power of Lessee. Upon the appropriation of Rental Payments for a fiscal year, the Rental Payments for said fiscal year, and only the Rental Payments for said current fiscal year, shall be a binding obligation of Lessee; provided that such obligation shall not include a pledge of the taxing power of Lessee. KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 6.02 Payment of Rental Payments. Lessee shall promptly pay Rental Payments under the Property Schedule, exclusively from legally available funds, in lawful money of the United States of America, to Lessor in such amounts and on such dates as described in the Property Schedule, at Lessor's address set forth on the first page of this Agreement, unless Lessor instructs Lessee otherwise. Lessee shall pay Lessor a charge on any delinquent Rental Payments under the Property Schedule in an amount sufficient to cover all additional costs and expenses incurred by Lessor and Agent from such delinquent Rental Payment. In addition, Lessee shall pay a late charge of five cents per dollar or the highest amount permitted by applicable law, whichever is lower, on all delinquent Rental Payments. 6.03 Interest Component. A portion of each Rental Payment due under the Property Schedule is paid as, and represents payment of, interest, and the Property Schedule hereunder shall set forth the interest component (or method of computation thereof) of the Rental Payment thereunder during the Lease Term. 6.04 Rental Payments to be Unconditional. SUBJECT TO SECTION 6.06, THE OBLIGATIONS OF LESSEE TO PAY THE RENTAL PAYMENTS DUE UNDER THE PROPERTY SCHEDULE AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED HEREIN SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES. THIS PROVISION SHALL NOT LIMIT LESSEE'S RIGHTS OR ACTIONS AGAINST ANY VENDOR AS PROVIDED IN SECTION 10.02. 6.05 Continuation of Lease by Lessee. Lessee intends to continue the Property Schedule entered into pursuant to this Agreement and to pay the Rental Payments thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the term of the Property Schedule can be obtained. Lessee agrees that its staff will provide, during the budgeting process for each budget year to the governing body of Lessee, notification of any Rental Payments due under the Property Schedule during the following budget year. Notwithstanding this covenant, if Lessee fails to appropriate the Rental Payments for the Property Schedule pursuant to Section 6.06, the Property Schedule shall terminate. Although Lessee has made this covenant, in the event that it fails to provide such notice, no remedy is provided and Lessee shall not be liable for any damages for its failure to so comply. 6.06 Non-Appropriation. If sufficient funds are not appropriated to make Rental Payments required under the Property Schedule, the Property Schedule shall terminate and Lessee shall not be obligated to make Rental Payments under the Property Schedule beyond the then current fiscal year for which funds have been appropriated. Upon the occurrence of such nonappropriation (an "Event of Nonappropriation") Lessee shall, no later than the end of the fiscal year for which Rental Payments have been appropriated, deliver possession of the Property under the Property Schedule to Lessor. If Lessee fails to deliver possession of the Property to Lessor upon termination of the Property Schedule by reason of an Event of Nonappropriation, the termination shall nevertheless be effective but Lessee shall be responsible for the payment of damages in an amount equal to the portion of Rental Payments thereafter coming due that is attributable to the number of days after the termination during which the Lessee fails to deliver possession and for any other loss suffered by Lessor as a result of Lessee's failure to deliver possession as required. In addition, Lessor may, by written instructions to the Agent or to any other escrow agent who is holding proceeds of the Property Schedule, instruct the Agent or such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to Lessee's obligations under the Property Schedule and this Agreement. Lessee shall notify Lessor in writing within seven (7) days after the failure of the Lessee to appropriate funds sufficient for the payment of the Rental Payments, but failure to provide such notice shall not operate to extend the Lease Term or result in any liability to Lessee. Non-appropriation shall not constitute a beach of the Agreement. 6.07 Defeasance of Rental Payments. Lessee may at any time irrevocably deposit in escrow with a defeasance escrow agent for the purpose of paying all of the principal component and interest component accruing under the Property Schedule, a sum of cash and non-callable securities consisting of direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America or any agency or instrumentality thereof, in such aggregate amount, bearing interest at such rates and maturing on such dates as shall be required to provide funds sufficient for this purpose. Upon such defeasance, all right, title and interest of Lessor in the Property under the Property Schedule shall terminate. Lessee shall cause such investment to comply with the requirements of federal tax law so that the exclusion from gross income of the interest component of Rental Payments on the Property Schedule is not adversely affected. ARTICLE VII 7.01 Title to the Property. Upon acceptance of the Property by Lessee and unless otherwise required by the laws of the State, title to the Property shall vest in Lessee, subject to Lessor's interests under the Property Schedule and this Agreement. 7.02 Personal Property. The Property is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Property or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Property from any party having an interest in any such real estate or building. 7.03 Security Interest. To secure the performance of all of Lessee's obligations under this Agreement, including without limitation the Property Schedule now existing, Lessee grants to Lessor, for the benefit of Lessor and its successors and assigns, a security interest constituting a first lien on Lessee's interest in all of the Property, whether now owned or hereafter acquired, all additions, attachments, alterations and accessions to the Property, all substitutions and replacements for the Property, and on any proceeds of any of the foregoing, including insurance proceeds. Lessee shall execute any additional documents, including financing statements, affidavits, notices and similar instruments, in form and substance satisfactory to Lessor, which Lessor deems necessary or appropriate to establish, maintain and perfect a security interest in the Property in favor of Lessor and its successors and assigns. Lessee hereby authorizes Lessor to file all financing statements which Lessor deems necessary or appropriate to establish, maintain and perfect such security interest. 7.04 Substitution. Lessee may substitute for all or any portion of the Property under the Property Schedule personal property of approximately equal or greater market value and with an equal or greater useful life. In the event of any such substitution, Lessee shall deliver to Lessor a certification that the personal property proposed to be substituted has approximately equal or greater market value and an equal or greater useful life as the portion of the Property being substituted for. Lessee shall be responsible for all costs and expenses for any such substitution. Lessee shall cause all financing statements, fixture filings, certificates of title, affidavits, notices and similar instruments, to be made or filed in a timely manner to secure and perfect the security interest of Lessor in the substituted property. ARTICLE VIII 8.01 Maintenance of Property by Lessee. Lessee shall keep and maintain the Property in good condition and working order and in compliance with the manufacturer's specifications, shall use, operate and maintain the Property in conformity with all laws and regulations concerning the Property's ownership, possession, use and maintenance, and shall keep the Property free and clear of all liens and claims, other than those created by this Agreement. Lessee shall have sole responsibility to maintain and repair the Property. 8.02 Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Property free of all levies, liens and encumbrances, except for the interest of Lessor under this Agreement. The parties to this Agreement contemplate that the Property will be used for a governmental or proprietary purpose of Lessee and, therefore, that the Property will be exempt from all property taxes. The Rental Payments payable by Lessee under this Agreement and the Property Schedule hereunder have been established to reflect the savings resulting from this exemption from taxation. Lessee will take such KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 actions necessary under applicable law to obtain said exemption. Nevertheless, if the use, possession or acquisition of the Property is determined to be subject to taxation or later becomes subject to such taxes, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to the Property. Lessee shall pay all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Property. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the then current fiscal year of the Lease Term for such Property. 8.03 Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Property against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount equal to at least the outstanding principal component of Rental Payments, and (b) liability insurance that protects Lessor from liability in all events in an amount reasonably acceptable to Lessor, and (c) worker's compensation insurance covering all employees working on, in, near or about the Property; provided that Lessee may self-insure against all such risks. All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement. All such insurance shall be with insurers that are authorized to issue such insurance in the State. All such liability insurance shall name Lessor as an additional insured. All such casualty insurance shall contain a provision making any losses payable to Lessor and Lessee as their respective interests may appear. All such insurance shall contain a provision to the effect that such insurance shall not be canceled or modified without first giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or modification. Lessee shall furnish to Lessor, on or before the Commencement Date for the Property Schedule, and thereafter at Lessor's request, certificates evidencing such coverage, or, if Lessee self-insures, a written description of its self-insurance program together with a certification from Lessee's risk manager or insurance agent or consultant to the effect that Lessee's self-insurance program provides adequate coverage against the risks listed above. 8.04 Advances. In the event Lessee shall fail to either maintain the insurance required by this Agreement or keep the Property in good repair and working order, Lessor may, but shall be under no obligation to, purchase the required insurance and pay the cost of the premiums thereof or maintain and repair the Property and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the Lease Term for the Property Schedule for which the Property is under and shall be due and payable on the next Rental Payment Date and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the date such amounts are advanced until paid at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. ARTICLE IX 9.01 Damage or Destruction. If (a) the Property under the Property Schedule or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty, or (b) title to, or the temporary use of, the Property under the Property Schedule or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, Lessor and Lessee will cause the Net Proceeds (as hereinafter defined) of any insurance claim, condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Property, unless Lessee shall have exercised its right to defease the Property Schedule as provided herein, or unless Lessee shall have exercised its option to purchase Lessor's interest in the Property if the Property Schedule so provides. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee. For purposes of Section 14.02(b) and this Article IX, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim, condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof. 9.02 Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 9.01, Lessee shall (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds and, if Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Section 6.02, or (b) defease the Property Schedule pursuant to Section 6.07, or (c) exercise its option to purchase Lessor's interest in the Property pursuant to the optional purchase provisions of the Property Schedule, if any. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after such defeasance or purchase may be retained by Lessee. ARTICLE X 10.01 Disclaimer of Warranties. LESSOR MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE ANY) WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN, THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY COMPONENT THEREOF, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND LESSOR HEREBY DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT THE PROPERTY IS LEASED TO LESSEE "AS IS" ON THE DATE OF THIS AGREEMENT OR THE DATE OF DELIVERY, WHICHEVER IS LATER, AND ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY LESSEE. Lessee acknowledges that it has made (or will make) the selection of the Property from the Vendor based on its own judgment and expressly disclaims any reliance upon any statements or representations made by Lessor. Lessee understands and agrees that (a) neither the Vendor nor any sales representative or other agent of Vendor, is (i) an agent of Lessor, or (ii) authorized to make or alter any term or condition of this Agreement, and (b) no such waiver or alteration shall vary the terms of this Agreement unless expressly set forth herein. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, the Property Schedule, or the existence, furnishing, functioning or use of any item, product or service provided for in this Agreement or the Property Schedule. 10.02 Vendor's Warranties. Lessor hereby irrevocably assigns to Lessee all rights that Lessor may have to assert from time to time whatever claims and rights (including without limitation warranties) related to the Property against the Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the Vendor of the Property, and not against Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties of the Vendor of the Property. 10.03 Use of the Property. Lessee will not install, use, operate or maintain the Property improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement and the Property Schedule. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Property. In addition, Lessee agrees to comply in all respects with all laws of the jurisdiction in which its operations involving any item of Property may extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the items of the Property; provided that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Property or its interest or rights under this Agreement. Lessee shall promptly notify Lessor in writing of any pending or threatened investigation, inquiry, claim or action by any governmental authority which could adversely affect this Agreement, the Property Schedule or the Property thereunder. 10.04 Modifications. Subject to the provisions of this Section, Lessee shall have the right, at its own expense, to make alterations, additions, modifications or improvements to the Property. All such alterations, additions, modifications and improvements shall thereafter comprise part of the Property and shall be subject to the provisions of this Agreement. Such alterations, additions, modifications and improvements shall not in any way damage the Property, substantially alter its nature or cause it to be used for purposes other than those authorized under the provisions of state and federal law; and the Property, on completion of KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 any alterations, additions, modifications or improvements made pursuant to this Section, shall be of a value which is equal to or greater than the value of the Property immediately prior to the making of such alterations, additions, modifications and improvements. Lessee shall, at its own expense, make such alterations, additions, modifications and improvements to the Property as may be required from time to time by applicable law or by any governmental authority. ARTICLE XI 11.01 Option to Purchase. Lessee shall have the option to purchase Lessor's entire interest in all of the Property subject to the Property Schedule and to terminate any restrictions herein on the Property under the Property Schedule on the last day of the Lease Term for the Property Schedule, if the Property Schedule is still in effect on such day, upon payment in full of the Rental Payments due thereunder plus payment of One (1) Dollar to Lessor. Lessee shall give written notice to Lessor of its intent to purchase Lessor's interest in the Property at least sixty (60) days prior to the last day of the Lease Term for the Property Schedule. Upon exercise of the purchase option as set forth in this Section 11.01 and payment of the purchase price under the Property Schedule, and performance by Lessee of all other terms, conditions and provisions hereof, Lessor shall deliver to Lessee all such documents and instruments as Lessee may reasonably require to evidence the transfer, without warranty by or recourse to Lessor, of all of Lessor's right, title and interest in and to the Property subject to the Property Schedule to Lessee. 11.02 Option to Prepay. Lessee shall have the option to prepay the Rental Payments due under the Property Schedule, but only if the Property Schedule so provides, and on the terms set forth in the Property Schedule. ARTICLE XII 12.01 Assignment by Lessor. Lessor's right, title and interest in, to and under the Property Schedule and the Property under the Property Schedule may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor and, to the extent of their interest, by any Registered Owner, without the necessity of obtaining the consent of Lessee; provided that (i) any assignment, other than an assignment to or by a Registered Owner, shall not be effective until Lessee has received written notice, signed by the assignor, of the name, address and tax identification number of the assignee, and (ii) any assignment to or by a Registered Owner shall not be effective until it is registered on the registration books kept by the Agent. Lessee shall retain all such notices as a register of all assignees (other than Registered Owners) and shall make all payments to the assignee or assignees designated in such register or, in the case of Registered Owners, to the Agent. In the event that Lessor's interest in the Property Schedule and the Property thereunder is assigned to the Agent, Lease Participation Certificates in the Property Schedule may be executed and delivered by the Agent to Registered Owners. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interests in this Agreement and the Property Schedule. 12.02 Property Schedules Separate Financings. This section is DELETED. 12.03 Assignment and Subleasing by Lessee. NONE OF LESSEE'S RIGHT, TITLE AND INTEREST IN, TO AND UNDER THIS AGREEMENT AND IN THE PROPERTY MAY BE ASSIGNED, SUBLEASED OR ENCUMBERED BY LESSEE FOR ANY REASON, WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. 12.04 Release and Indemnification Covenants. To the extent permitted by law, and only to the extent permitted by the laws of the State of Texas, Lessee and Lessor shall indemnify, protect and hold harmless the other party for liability arising from any and all claims, injury, loss, cost or damage to person or property occasioned by the activities of its own agents or employees in the performance of its respective responsibilities under this Agreement; which obligations, under this Section 12.04, shall remain valid and binding notwithstanding termination of the Agreement. This paragraph is intended to define the liabilities between the Lessee and Lessor and is not intended to modify, in any way, the parties' liabilities as may otherwise be governed by law. ARTICLE XIII 13.01 Events of Default Defined. Any of the following shall constitute an "Event of Default" under the Property Schedule: (a) Failure by Lessee to pay any Rental Payment under the Property Schedule or other payment required to be paid with respect thereto at the time specified therein; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed with respect to the Property Schedule, other than as referred to in subparagraph (a) above, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to the Property Schedule or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; (d) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (e) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 60 consecutive days. The foregoing provisions of Section 13.01 are subject to the following limitation: if by reason of force maieure Lessee is unable in whole or in part to perform its agreements under this Agreement and the Property Schedule (other than the obligations on the part of Lessee contained in Article VI hereof) Lessee shall not be in default during the continuance of such inability. The term "force maieure" as used herein shall mean the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States or of the State or any of their departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Lessee. 13.02 Remedies on Default. Whenever any Event of Default exists with respect to the Property Schedule, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) Without terminating the Property Schedule, and by written notice to Lessee, Lessor may declare all Rental Payments and other amounts payable by Lessee thereunder to the end of the then-current budget year of Lessee to be due, including without limitation delinquent Rental Payments KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 under the Property Schedule from prior budget years, and such amounts shall thereafter bear interest at the rate of 12% per annum or the maximum rate permitted by applicable law, whichever is less; (b) Lessor may terminate the Property Schedule, may enter the premises where the Property subject to the Property Schedule is located and retake possession of the Property, or require Lessee, at Lessee's expense, to promptly return any or all of the Property to the possession of Lessor at such place within the United States as Lessor shall specify, and Lessor may thereafter dispose of the Property in accordance with Article 9 of the Uniform Commercial Code in effect in the State; provided, however, that any proceeds from the disposition of the property in excess of the sum required to (i) defease the Property Schedule pursuant to Section 6.07, (ii) pay any other amounts then due under the Property Schedule, and (iii) pay Lessor's costs and expenses associated with the disposition of the Property (including attorneys fees), shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto, and further provided that no deficiency shall be allowed against Lessee; (c) By written notice to the Agent, if any, Lessor may instruct the Agent to apply all sums held by the Agent in any accounts relating to the Property Schedule under the applicable escrow or trust agreement as provided in the applicable escrow or trust agreement. (d) By written notice to any escrow agent (other than the Agent) who is holding proceeds of the Property Schedule, Lessor may instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to payment of Lessee's obligations under the Property Schedule; (e) Lessor may take any action, at law or in equity, that is permitted by applicable law and that may appear necessary or desirable to enforce or to protect any of its rights under the Property Schedule and this Agreement. 13.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice, other than such notice as may be required in this Article. 13.04 Costs and Attorney Fees. In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial or on appeal of such suit or action or in any bankruptcy proceeding, in addition to all other sums provided by law. If no party can be considered the prevailing party, the judge will have the discretion to equitable apportion the costs and expenses. ARTICLE XIV 14.01 Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified mail, postage prepaid, to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party), to any assignee (other than a Registered Owner) at its address as it appears on the registration books maintained by Lessee and to any Registered Owner at its address as it appears on the registration books maintained by the Agent. 14.02 Certification as to Arbitrage. Unless a separate Certificate as to Arbitrage is delivered on the Commencement Date, Lessee shall be deemed to make the following representations and covenants as of the Commencement Date for the Property Schedule: (a) The estimated total costs, including taxes, freight, installation, cost of issuance, of the Property under the Property Schedule will not be less than the total principal amount of the Rental Payments. (b) The Property under the Property Schedule has been ordered or is expected to be ordered within six months and the Property is expected to be delivered and installed, and the Vendor fully paid, within one year from the Commencement Date. Lessee will pursue the completion of the Property and the expenditure of the net proceeds of the Property Schedule with due diligence. (c) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (i) that is reasonably expected to be used to pay the Rental Payments under the Property Schedule, or (ii) that may be used solely to prevent a default in the payment of the Rental Payments under the Property Schedule. (d) The Property under the Property Schedule has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in major part, prior to the last maturity of the Rental Payments under the Property Schedule. (e) There are no other obligations of Lessee which (i) are being sold within 15 days of the Commencement Date of the Property Schedule; (ii) are being sold pursuant to the same plan of financing as the Property Schedule; and (iii) are expected to be paid from substantially the same source of funds. (f) The officer or official who has executed the Property Schedule on Lessee's behalf is familiar with Lessee's expectations regarding the use and expenditure of the proceeds of the Property Schedule. To the best of Lessee's knowledge, information and belief, the facts and estimates set forth herein are accurate and the expectations of Lessee set forth herein are reasonable. 14.03 Further Assurances. Lessee agrees to execute such other and further documents, including, without limitation, confirmatory financing statements, continuation statements, certificates of title and the like, and to take all such action as may be necessary or appropriate, from time to time, in the reasonable opinion of Lessor, to perfect, confirm, establish, reestablish, continue, or complete the interests of Lessor in this Agreement and the Property Schedule, to consummate the transactions contemplated hereby and thereby, and to carry out the purposes and intentions of this Agreement and the Property Schedule. 14.04 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. 14.05 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 14.06 Waiver of Jury Trials. Lessee and Lessor hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement or the actions of Lessor or Lessee in the negotiation, administration, performance or enforcement hereof. 14.07 Amendments, Changes and Modifications. This Agreement may be amended in writing by Lessor and Lessee to the extent the amendment or modification does not apply to this Property Schedule at the time of such amendment or modification. The consent of the applicable assignee or Agent, if any, shall be required to any amendment or modification before such amendment or modification shall be applicable to this Property Schedule. KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 14.08 Execution in Counterparts. This Agreement and the Property Schedule hereunder may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 14.09 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue shall be in Denton County, Texas. 14.10 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written. Lessor: Key Government Finance, Inc. Lessee: City of Denton B: B: Name: Name: Title: Title: Attest By: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 Addendum to Tax-Exempt Lease/Purchase Agreement Texas Counties, Municipalities, Hospital Districts, Fire Districts and School Districts THIS ADDENDUM, which is entered into as of 7/1/2011, between Key Government Finance, Inc. ("Lessor") and City of Denton ("Lessee"), is intended to modify and supplement the Tax-Exempt Lease/Purchase Agreement between Lessor and Lessee of even date herewith (the "Master Agreement'). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Master Agreement. Notwithstanding anything to the contrary set forth in the Master Agreement, the Master Agreement is amended as follows: 1. Section 6.05 is deleted in its entirety. If Lessee is a school district, in addition to the representations, warranties, and covenants contained in the Master Agreement, Lessee represents and warrants that the requirements of Education Code sections 44.031 and 44.033, if applicable, have been complied with. IN WITNESS WHEREOF, Lessor and Lessee have caused this Addendum to be executed in their names by their duly authorized representatives as of the date first above written. Lessor: Key Government Finance, Inc. Lessee: City of Denton By: By: Name: Name: Title: Title: Attest By: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 Property Schedule Tax-Exempt Lease/Purchase Agreement This Property Schedule is entered into as of the Commencement Date set forth below, pursuant to that certain Tax-Exempt Lease/Purchase Agreement (the "Master Agreement"), dated as of 7/1/2011, between Key Government Finance, Inc., and City of Denton. 1. Interpretation. The terms and conditions of the Master Agreement are incorporated herein by reference as if fully set forth herein. Reference is made to the Master Agreement for all representations, covenants and warranties made by Lessee in the execution of this Property Schedule, unless specifically set forth herein. In the event of a conflict between the provisions of the Master Agreement and the provisions of this Property Schedule, the provisions of this Property Schedule shall control. All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement. 2. Commencement Date. The Commencement Date for this Property Schedule is 7/1/2011. 3. Property Description and Payment Schedule. The Property subject to this Property Schedule is described in Exhibit A hereto. Lessee shall not remove such property from the locations set forth therein without giving prior written notice to Lessor. The Rental Payment Schedule for this Property Schedule is set forth in Exhibit 1. 4. Lessee's Certificate. The Lessee's Certificate is attached as Exhibit 2 5. Proceeds. Lessor shall disburse the proceeds of this Property Schedule in accordance with the instructions attached hereto as Exhibit 3 6. Acceptance Certificate. The form of Acceptance Certificate is attached as Exhibit 4 7. Additional Purchase Option Provisions. In addition to the Purchase Option provisions set forth in the Master Agreement, Rental Payments payable under this Property Schedule shall be subject to prepayment as follows: See termination amount in Exhibit 1 (Payment Schedule), subject to per diem adjustment. 8. Bank Qualification and Arbitrage Rebate. Attached as Exhibit 5 9. Expiration. Lessor, at its sole determination, may choose not to accept this Property Schedule if the fully executed, original Agreement (including this Property Schedule and all ancillary documents) are not received by Lessor at its place of business by 7/26/2011. IN WITNESS WHEREOF, Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized representatives as of the Commencement Date above. Lessor: Key Government Finance, Inc. Lessee: City of Denton By: By: Name: Name: Title: Title: Attest By: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 EXHIBIT 1 Property Description and Payment Schedule Re: Property Schedule to Tax-Exempt Lease/Purchase Agreement between Key Government Finance, Inc. and City of Denton. The Property is as follows: The Property as more fully described in Exhibit A incorporated herein by reference and attached hereto. EQUIPMENT LOCATION: 215 E. McKinney, Denton, TX 76205 USE: Networking - This use is essential to the proper, efficient and economic functioning of Lessee or to the services that Lessee provides; and Lessee has immediate need for and expects to make immediate use of substantially all of the Property, which need is not temporary or expected to diminish in the foreseeable future. Rental Payment Schedule If the Due Dates are not defined in this Rental Payment Schedule, they shall be defined as the first day of each monthly period of this Rental Payment Schedule commencing with the Acceptance Date. Total Principal Amount $696,185.54 The financing table below is net of the special financing promotion payment from Cisco Systems, Inc. in the amount of $5,006.20. This payment will be made by Cisco to Lessor. Payment Payment Payment No. Due Date Made by Made by Principal Interest Termination Cisco Lessee 1 7/1/2011 5,006.20 118,591.00 123,597.20 0.00 589,765.99 2 11/1/2011 237,182.00 231,219.63 5,962.37 351,609.77 3 11/1/2012 237,182.00 226,406.54 10,775.46 118,411.03 4 11/1/2013 118,591.00 114,962.17 3,628.83 0.00 Lessee: City of Denton B: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 EXHIBIT A Property Description Nexus7000 UCS Expansion Primary Site EMC VPLEX VBLOCK DS-SFP-FC8G-LW Professional Services KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 EXHIBIT 2 Lessee's Certificate Re: Property Schedule to Tax-Exempt Lease/Purchase Agreement between Key Government Finance, Inc. and City of Denton. The undersigned, being the duly elected, qualified and acting of the City of Denton ("Lessee") do hereby certify, as of 7/1/2011, as follows: 1. Lessee did, at a meeting of the governing body of the Lessee held on by resolution or ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execution and delivery of the above-referenced Property Schedule (the "Property Schedule") and the Tax-Exempt Lease/Purchase Agreement (the "Master Agreement") by the following named representative of Lessee, to wit: NAMEOF EXECUTING OFFICIAL TITLE SIGNATURE (Official who signed the documents.) OF EXECUTING OFFICIAL OF EXECUTING OFFICIAL And/ Or 2. The above-named representative of the Lessee held at the time of such authorization and holds at the present time the office set forth above. 3. The meeting(s) of the governing body of the Lessee at which the Master Agreement and the Property Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, and the enactment approving the Master Agreement and the Property Schedule and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of Lessee relating to the authorization and delivery of Master Agreement and the Property Schedule have been: (a) held within the geographic boundaries of the Lessee; (b) open to the public, allowing all people to attend; (c) conducted in accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the Lessee, if any, and the laws of the State. 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or an Event of Nonappropriation (as such terms are defined in the Master Agreement) exists at the date hereof with respect to this Property Schedule under the Master Agreement. 5. The acquisition of all of the Property under the Property Schedule has been duly authorized by the governing body of Lessee. 6. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Rental Payments scheduled to come due during the current budget year under the Property Schedule and to meet its other obligations for the current budget year and such funds have not been expended for other purposes. 7. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. City of Denton Attest By: Title: SOMEONE OTHER THAN THE EXECUTING OFFICIAL(S) SHOWN ABOVE MUST SIGN HERE. KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 EXHIBIT 3 Payment of Proceeds Instructions Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, CO 80027 Re: Property Schedule (the "Property Schedule") to Tax-Exempt Lease/Purchase Agreement between Key Government Finance, Inc. ("Lessor") and City of Denton ("Lessee"). Ladies and Gentlemen: The undersigned, an Authorized Representative of the Lessee hereby requests and authorizes Lessor to disburse the net proceeds of the Property Schedule as follows: Name of Payee: Key Bank N.A. By check By wire transfer X City of Denton By: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 EXHIBIT 4 Acceptance Certificate Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, CO 80027 Re: Property Schedule to Tax-Exempt Lease/Purchase Agreement between Key Government Finance, Inc. and City of Denton Ladies and Gentlemen: In accordance with the above-referenced Tax-Exempt Lease/Purchase Agreement (the "Master Agreement'), the undersigned ("Lessee") hereby certifies and represents to, and agrees with, Key Government Finance, Inc. ("Lessor"), as follows: (1) The Property, as such terms are defined in the above-referenced Property Schedule, has been acquired, made, delivered, installed and accepted on the date indicated below. (2) Lessee has conducted such inspection and/or testing of the Property as it deems necessary and appropriate and hereby acknowledges that it accepts the Property for all purposes. (3) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default or an Event of Nonappropriation (as such terms are defined in the Master Agreement) exists at the date hereof. Date: City of Denton as Lessee By: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 EXHIBIT 5 Bank Qualification Certificate Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, CO 80027 Re: Master Tax-Exempt Lease/Purchase Agreement between Key Government Finance, Inc. and City of Denton Bank Qualified Tax-Exempt Obligation ❑ (Check box for Bank Qualified designation) Lessee hereby designates this Property Schedule as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B) of the Code. Lessee reasonably anticipates issuing tax-exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds and including all tax-exempt obligations of subordinate entities of the Lessee) during the calendar year in which the Commencement Date of this Property Schedule falls, in an amount not exceeding $10,000,000.00. Non-Bank Qualified Tax-Exempt Obligation ❑ (Check box for Non-Bank Qualified designation) Lessee reasonably anticipates issuing more than $10,000,000.00 in tax-exempt obligations in the calendar year of the Commencement Date as defined in the Property Schedule. **Note: ONE of the boxes above MUST be checked. Lessee: City of Denton B: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 **Please fill out this form and fax it to your insurance company** Request for Certificate of Insurance TO: Insurance Carrier: (Name) (Address) (Address) (Contact Name) (Contact Phone) (Contact Fax) FROM: Customer/Lessee: City of Denton 215 E. McKinney Denton, TX 76201 Contact Name: Director of Technology Kevin Gunn Contact Phone: 940-349-8595 Contact Fax: 940-349-8533 City of Denton is in the process of financing Networking equipment with Key Government Finance, Inc. City of Denton requests that Key Government Finance, Inc. be listed as "Key Government Finance, Inc., their successors and assigns" and that it be named ADDITIONAL INSURED as to liability coverage and LOSS PAYEE as to property coverage. A copy of said certificate should be forwarded to Key Government Finance, Inc. as described below. NOTE: Coverage is to include: (1) insurance against all risks of physical loss or damage to the Equipment; (2) commercial general liability insurance (including blanket contractual liability coverage and products liability coverage) for personal and bodily injury and property damage of not less than $1,000,000; and (3) if applicable, automobile liability coverage of not less than $3,000,000. Key Government Finance, Inc. is to receive 30 days prior written notice of cancellation or material change in coverage. Qualifying language such as "endeavor to provide"; "but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representative" or the like will NOT be accepted and will delay funding. ❑ 1. Please FAX this completed information to: Key Government Finance, Inc. Isaac Hudson , Account Manager Phone Number: 720-304-1288 Fax Number: 866-840-3016 ❑ 2. Please MAIL a Certificate of Insurance to: Key Government Finance, Inc. Isaac Hudson 1000 S. McCaslin Boulevard Superior, CO 80027 ❑ 3. Please CONTACT the Account Manager: ✓ When faxing this Certificate. ✓ If this cannot be completed today. ✓ If you have any questions. KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 Notification of Tax Treatment Key Government Finance, Inc. is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located. In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences, you will be charged sales/use tax. Personal property tax returns will be filed as required by local law. In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us, please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly. Please indicate below if you feel that your lease is subject to tax or whether a valid exemption exists. I agree that my lease is subject to sales/use tax. X I am exempt from sales/use tax and I have attached a completed exemption certificate to Key Government Finance, Inc. I have previously provided a completed exemption certificate to Key Government Finance, Inc. which is valid for this transaction. I am exempt from state tax but subject to local tax. I have attached a completed exemption certificate. I have a valid abatement or property tax exemption (documentation attached). If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? Additional comments: Lessee: City of Denton B: Name: Title: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 LESSEE INVOICE INSTRUCTIONS (The information you provide enables us to invoice you correctly.) City of Denton BILL TO ADDRESS: BILLING CONTACT: First, M.I. and Last Name: Title: Phone Number: Fax Number: PURCHASE ORDER NUMBER: Invoices require purchase order numbers: YES NO Purchase Order Number: FEDERAL TAX ID NUMBER: EQUIPMENT LOCATION (If different from Billing Address): ADDITIONAL INFORMATION NEEDED ON INVOICE: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 Escrow Disbursement Instructions for Tax-Exempt financing In reference to your equipment financing, we will be depositing the financing proceeds directly into an escrow account. This account will provide you with the ability to disburse funds incrementally (either directly to vendors or to reimburse yourself) based on equipment invoices (any $ size and frequency). You will control the disbursement of funds by completing the attached documents. Escrow Disbursements - The following are the steps that you will need to take when making disbursements of proceeds from your escrow account: 1. Complete and sign Exhibit A "FORM OF REQUISITION OF COSTS OF PROPERTY". This needs to be on your letterhead. 2. Complete and sign - Schedule 1 "DISBURSEMENT SCHEDULE" complete with payment information. 3. Attach - Invoice(s) from the Vendor(s). 4. Mail a completed and signed copy of the Exhibit A, Schedule 1 and the Vendor invoices to my attention at the address listed below. • Note: If the disbursement from the escrow is for the reimbursement of funds already expended, you must attach proof of payment (front and back of cancelled checks). **PLEASE NOTE THAT WE MUST RECEIVE THE ORIGINAL DOCUMENTS** Once you are ready to do the final disbursement out of the Escrow account: • Final Disbursement - Include the signed and dated original of the Exhibit 4 "ACCEPTANCE CERTIFICATE" (this document was part of your original document package), along with the Exhibit A "FORM OF REQUISITION OF COSTS OF PROPERTY" and the rest of the attachments needed. Additionally, please include a letter stating that this is the final disbursement and that you wish to close the Escrow account. • If there is any money remaining in the Escrow account, after the final disbursement to the Vendor(s), the balance will be applied to your next payment. If you have any questions regarding this information, please give me a call. Thank you. Isaac Hudson Key Government Finance 1000 S. McCaslin Blvd. Superior CO 80027 720-304-1419 866-840-3016 Fax KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 ESCROW AGREEMENT This Escrow Agreement (the "Escrow Agreement"), dated as of 7/1/2011and entered into among Key Government Finance, Inc. ("Lessor"), City of Denton ("Lessee") and KeyBank National Association (the "Escrow Agent"). RECITALS: A. Lessor and Lessee are parties to a Tax-Exempt Lease/Purchase Agreement, dated as of 7/l/201 land the Property Schedule thereunder (the "Lease") whereunder Lessee is acquiring from Lessor certain personal property more particularly described therein (the "Property"). B. Lessor and Lessee intend to cause or have caused certain funds to be deposited with Escrow Agent to pay for costs of the Property, and Escrow Agent has agreed to disburse said funds in accordance with the terms and conditions of this Agreement. C. Each of the parties has authority to enter into this Agreement and has taken all actions necessary to authorize the execution of this Agreement by the officers whose signatures are affixed hereto. NOW, THEREFORE, the parties agree as follows: 1. Appointment of Escrow Agent. Lessor, Lessee and Escrow Agent agree that Escrow Agent shall act as sole Escrow Agent under the Lease and this Escrow Agreement, in accordance with the terms and conditions set forth in this Escrow Agreement. The Escrow Agent, in its capacity as escrow agent hereunder, shall not be deemed to be a party to the Lease, and this Escrow Agreement shall be deemed to constitute the entire agreement regarding the Acquisition Fund (as hereinafter defined) among Lessor, Lessee and Escrow Agent. 2. Acquisition Fund. There is hereby established in the custody of Escrow Agent a special trust fund designated as the "City of Denton Acquisition Fund" (the "Acquisition Fund") to be held and administered by Escrow Agent in trust for Lessee in accordance with this Escrow Agreement, subject to Lessor's rights under Section 3 hereof. It is anticipated that the funds in the Acquisition Fund and earnings thereon shall be sufficient to pay the cost of acquisition of the Property. In the event such sums are insufficient, Lessee shall be responsible for the timely payment of any deficiency. The moneys and investments held by Escrow Agent under this Agreement are irrevocably held in trust for the benefit of Lessee and Lessor, and such moneys, together with any income or interest earned thereon, shall be expended only as provided in this Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of Lessee (other than Lessor) or Lessor. Lessor, Lessee and Escrow Agent intend that the Acquisition Fund constitute an escrow account in which Lessee has no legal or equitable right, title or interest until satisfaction in full of all conditions contained herein and in the Lease for the disbursement of funds by Escrow Agent therefrom. However, if the parties' intention that Lessee shall have no legal or equitable right, title or interest until all conditions for disbursement are satisfied in full is not respected in any legal proceeding, the parties hereto intend that Lessor have a security interest in such account, and such security interest is hereby granted to Lessor by Lessee, to secure payment of all sums due to Lessor under the Lease. For such purpose, Escrow Agent hereby agrees to act as agent for Lessor in connection with the perfection of such security interest and agrees to note, or cause to be noted, on all books and records relating to such accounts, Lessor's interest therein. 2.A. Deposit in Acquisition Fund. There shall be deposited in the Acquisition Fund the sum of $696,185.54. Escrow Agent shall maintain accounting records sufficient to permit calculation of the income on investments and interest earned on deposit of amounts held in the Acquisition Fund, and such income and interest shall become part of the Acquisition Fund and may be expended as provided herein. 2.B. Disbursements from Acquisition Fund. Escrow Agent shall make payments from the Acquisition Fund to pay costs of the Property upon receipt of requisitions from Lessee, signed by an authorized individual substantially in the form attached hereto as Exhibit A, which is incorporated by reference herein. In the event Escrow Agent is directed or requested by Lessee to hold or deposit any retained funds or to accept a retainage bond (in lieu of funds) as may be required by law or the terms of the acquisition contract to which Lessee is a party, Escrow Agent shall act in accordance with Lessee's instructions, and such retained funds (or performance bond) and any interest thereon shall be paid as provided in instructions to Escrow Agent from Lessee. The final requisition shall include the final acceptance certificate required in the Lease, which shall be executed by the Lessee and delivered to the Escrow Agent. Where requisitions involve titled motor vehicles, the requisition shall also include: (i) Manufacturer's Certificate of Origin. (ii) Motor vehicle paperwork appropriate to state of registration, noting Key Government Finance, Inc. as lien holder. (iii) Insurance certificate naming Key Government Finance, Inc., its successors and assigns as sole loss payee and additional insured for the specified equipment. 3. Termination of Escrow. KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 (a) Acquisition of Property. Upon the final acceptance of the Property by Lessee, as evidenced by execution by Lessee of a final acceptance certification pursuant to the Lease and delivered to Escrow Agent, and the payment of all costs related thereto (i) any retainage shall be disbursed as directed by Lessee, and (ii) any amounts remaining in the Acquisition Fund (including the earnings from investments thereof) shall be transferred to Lessee and be applied toward reimbursement of Lessee for funds advanced for the Property. To the extent that additional moneys in excess of those needed to reimburse Lessee for the acquisition of the Property exist in the Acquisition Fund, such amounts shall be paid to Lessor and applied first to the next payment due on the Lease and then applied to prepayment of the principal component of installment payments and Lessor shall recalculate the lease payment schedule for the remaining term such that the remaining lease payments shall be level. Upon disbursement of all sums in the Acquisition Fund, this Escrow Agreement shall terminate, provided that the indemnifications by Lessee shall survive the termination of this Escrow Agreement. (b) Eighteen Months. This Escrow Agreement shall terminate eighteen (18) months from the date of this Escrow Agreement. It may, however, be extended by mutual consent of the Lessee and Lessor in writing to the Escrow Agent either in advance of the termination or retroactively. Any money remaining in the Acquisition Fund at the time of termination under this subsection (b) shall be transferred to Lessor and shall be applied first to the next payment due under the Lease, and then, if there are amounts remaining, applied to the prepayment of the Lease being applied to principal and Lessor shall recalculate the lease payment schedule for the remaining term such that the remaining lease payments shall be level. Lessee shall be deemed to have accepted all Property paid for from the Acquisition Fund at the time of termination under this subsection (b). Upon disbursement of all sums in the Acquisition Fund, this Escrow Agreement shall terminate, provided that the indemnifications by Lessee shall survive the termination of this Escrow Agreement. (c) Event of Default; Nonappropriation. Upon receipt of written notice from Lessor of an event of default by Lessee under the Lease or an event of nonappropriation, if provided for under the Lease, Escrow Agent shall disburse the funds in the Acquisition Fund to Lessor for application in accordance with the Lease. Upon such payments from the Acquisition Fund, this Escrow Agreement shall terminate, provided that the indemnifications by Lessee shall survive the termination of this Escrow Agreement. 4. Investment of Acquisition Fund; Arbitrage Rebate. (a) Investment of Acquisition Fund. Monies held by Escrow Agent hereunder shall be invested and reinvested by Escrow Agent upon written instructions from Lessee in an investment which is a permitted investment for Lessee under the laws of the state in which Lessee is organized. Escrow Agent shall have no responsibility for advising Lessee or Lessor as to the permissibility of any investment of monies in the Acquisition Fund. If Escrow Agent does not receive a written direction from Lessee as to the investment or reinvestment of monies in the Acquisition Fund, Escrow Agent may hold such monies uninvested until such direction is received. Escrow Agent shall have no responsibility for any losses suffered from any investment of monies on deposit in the Acquisition Fund authorized by Lessee. (b) Arbitrage Rebate. Lessee hereby represents, covenants and warrants that pursuant to Treasury Regulations Section 1.148-7(d), the gross proceeds of the Lease will be expended for the governmental purposes for which the Lease was entered into, as follows: at least 15% within six months after the Commencement Date, such date being the date of deposit of funds into the Acquisition Account under Section 2.A., hereof, at least 60% within 12 months after the Commencement Date, and 100% within 18 months after the Commencement Date. If Lessee is unable to comply with Section 1.148-7(d) of the Treasury Regulations, Lessee shall, at its sole expense and cost, compute rebatable arbitrage on the Lease and pay rebatable arbitrage to the United States at least once every five years, and within 60 days after payment of the final rental or installment payment due under the Lease. 5. Amendment and Modification. This Escrow Agreement may not be amended, modified, altered, supplemented or waived except by a written instrument executed by Lessor, Lessee and Escrow Agent. 6. Regarding the Escrow Agent. (a) Duties of Escrow Agent. Escrow Agent undertakes to perform only such duties as are specifically set forth in this Escrow Agreement. Escrow Agent shall be under no implied obligation or subject to any implied liability hereunder. Escrow Agent shall incur no liability whatsoever except for its gross negligence or willful misconduct so long as it is acting in good faith. Escrow Agent shall not be required to take notice of any of the provisions of the Lease or any document or instrument executed in connection therewith, except as expressly set forth in this Escrow Agreement. The permissive right of the Escrow Agent to do things enumerated in this Escrow Agreement shall not be construed as a duty. (b) Escrow Agent Reliance. Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so. Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner and execution, or validity of any instrument deposited with it, nor as to the identity, authority or right of any person executing the same; and its duties hereunder shall be limited to those specifically provided herein. KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 (c) Counsel and Fees; Reliance upon Counsel. If Escrow Agent believes it to be reasonably necessary to consult with counsel concerning any of its duties in connection herewith, or in case the Escrow Agent becomes involved in litigation on account of acting hereunder, then, in either case, its cost, expenses and reasonable attorneys fees shall be paid by Lessee. Escrow Agent's right to receive its attorneys' fees and expenses shall survive the termination of this Escrow Agreement. If Escrow Agent consults with counsel, Escrow Agent may act, in good faith, in reliance upon the advice of counsel concerning its duties in connection herewith or in acting hereunder. (d) No Obligation to Take Legal Action. Escrow Agent shall not be under any obligation to take any legal action in connection with this Escrow Agreement or for its enforcement, or to appear, prosecute or defend any action or legal proceeding which, in its opinion, would or might involve it in any costs, expense, loss or liability, or to otherwise expend or risk its own funds or incur any financial liability in the performance of this Escrow Agreement, unless and as often required by it, it shall be furnished with security and indemnity satisfactory against all such costs, expenses, losses or liabilities. If any controversy arises between the parties hereto or with any third person, the Escrow Agent shall not be required to resolve the same or to take any action to do so (other than to use its best efforts to give notice of such controversy to Lessor and Lessee) but may, at its discretion, institute such interpleader or other proceedings as it deems proper. (e) Quarterly Statement. Escrow Agent shall issue a quarterly accounting statement showing receipts to and disbursements from the Acquisition Fund. Such statement shall be mailed to Lessor and Lessee. (f) Resignation and Termination. Escrow Agent may, upon providing thirty days written notice, resign its position as Escrow Agent and terminate its liabilities and obligations hereunder. In the event Escrow Agent is not notified within thirty days of a successor Escrow Agent, Escrow Agent shall be entitled to transfer all funds to a court of competent jurisdiction with a request to have a successor appointed, at the expense of Lessee. Upon filing such action and delivering such assets, Escrow Agent's obligations and responsibilities shall cease. Lessor and Lessee may jointly terminate Escrow Agent and appoint a successor Escrow Agent by providing 15 days written notice to Escrow Agent. 7. Indemnification. To the extent permitted by law, Lessee hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated) to indemnify, protect, save and keep harmless the Escrow Agent and its respective successors, assigns, agents, employees and servants, from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including reasonable legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by or asserted against, Escrow Agent at any time (whether or not also indemnified against the same by Lessee or any other person under any other agreement or instrument, but without double indemnity) in any way relating to or arising out of the execution, delivery and performance of this Escrow Agreement, the establishment hereunder of the Acquisition Fund, the acceptance of the funds and securities deposited therein, the purchase of any securities to be purchased pursuant thereto, the retention of such securities or the proceeds thereof, and any payment, transfer or other application of moneys or securities by Escrow Agent in accordance with the provisions of this Escrow Agreement; provided, however, that Lessee shall not be required to indemnify, protect, save or keep harmless Escrow Agent against Escrow Agent's own gross negligence or willful misconduct or gross negligence or willful misconduct of Escrow Agent's respective successors, assigns, agents and employees or the material breach by Escrow Agent of the terms of this Escrow Agreement. The indemnities contained in this Section shall survive the termination of this Agreement. 8. Notices. Any notices permitted or required under this Escrow Agreement shall be made in writing and shall be deemed given upon the date of personal delivery or 48 hours after deposit in the United States mail, certified or registered, postage fully prepaid, return receipt requested, addressed to the addresses set forth on the signature page of this Escrow Agreement. The party to whom notices or copies of notices are to be sent shall have the right at any time and from time to time to change its address for notice or person to receive notice by giving notice in the manner specified in this paragraph. 9. Escrow Agent's Fee. Escrow Agent shall be paid no fee for setting up the escrow. In the event that Escrow Agent is made a party to litigation with respect to the Acquisition Fund, or brings an action in interpleader, or Escrow Agent is required to render any service not provided for in this Escrow Agreement, or there is any assignment of interests in this escrow or any modification hereof, Escrow Agent shall be entitled to reasonable compensation for such extraordinary services and reimbursement by Lessee for all fees, costs, liability and expenses, including attorney fees. Lessee also agrees to pay any investment fees or other charges of Escrow Agent, such as wire transfer charges and disbursement charges and agrees such fees and charges may be deducted by and paid to the Escrow Agent from funds in or to be deposited in the Acquisition investment earnings to be deposited in the Acquisition Fund. 10. Counterparts. This Escrow Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. This Escrow Agreement is to be executed by the parties hereto in sufficient numbers so that an Escrow Agreement bearing each party's original signature can be held by the Escrow Agent. 11. Waiver. Any waiver by any party of any breach of any term or condition of this Escrow Agreement shall not operate as a waiver of any other breach of such term or condition or any other term or condition, nor shall any failure to enforce such provision hereof operate as a waiver of such provision or of any other provision hereof, nor constitute nor be deemed a waiver or release of any other party for anything arising out of, connected with, or based on this Escrow Agreement. KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 12. Exhibits. All exhibits, schedules and lists attached to this Escrow Agreement or delivered pursuant to this Escrow Agreement shall be deemed a part of this Escrow Agreement and incorporated herein, where applicable, as if fully set forth herein. 13. Applicable Law. This Escrow Agreement shall be governed by the laws of the state in which Lessee is located. 14. Successors and Assigns. This Escrow Agreement shall be binding on and shall inure to the benefit of the parties and their respective successors and assigns. Any corporation or association into which the Escrow Agent may merge, or to which Escrow Agent may sell or transfer its banking business, shall automatically be and become successor Escrow Agent hereunder and vested with all powers as was its predecessor without the execution or filing of any instruments or further act, deed or conveyance on the part of the parties hereto. 15. Severability. In the event any provision of this Escrow Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. IN WITNESS WHEREOF, Lessor, Lessee and Escrow Agent have caused this Escrow Agreement to be executed by their duly authorized representatives, all as of the date first above written. Key Government Finance, Inc. City of Denton By By Authorized Officer Authorized Officer Title Title Address: 1000 S. McCaslin Blvd. Address: 215 E. McKinney Superior, CO 80027 Denton, TX 76201 KEYBANK NATIONAL ASSOCIATION By Authorized Officer Address: 127 Public Square Cleveland OH 44114 KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 (Please type on your letterheadl EXHIBIT A FORM OF REQUISITION COSTS OF PROPERTY C/O Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, CO 80027 Attn: Isaac Hudson 720-304-1288 On Behalf of: KeyBank National Association 127 Public Square Cleveland OH 44114 Amount Requested: $ Total Disbursements to Date: $ Requisition No.: 1. The undersigned, an officer or official of Lessee, hereby requests and authorizes KeyBank National Association, as Escrow Agent under the Escrow Agreement dated as of 7/1/2011, among City of Denton (the "Lessee"), Key Government Finance, Inc. (the "Lessor") and Escrow Agent, to pay to or upon the order of the Lessee the amount specified above for the payment or reimbursement of costs of Property described in Schedule 1 attached. 2. The Lessee hereby certifies that: (a) each obligation mentioned in Schedule 1 has been properly incurred, is a proper charge against the Acquisition Fund and has not been the basis of any previous disbursement; (b) no part of the disbursement requested hereby will be used to pay for materials not yet incorporated into the Property or for services not yet performed in connection therewith; (c) insurance requirements of the Lease have been complied with and such coverage is in force; (d) as of the date of this Requisition no event of default or event of nonappropriation, if any, as such terms are defined in the Lease between Lessor and Lessee has occurred and is continuing and no event which with notice or lapse of time, or both, has occurred and is continuing which would constitute such event of default or event of nonappropriation; and (e) the Property acquired with this disbursement is functionally complete and operationally independent and is hereby accepted. If this is the final requisition, the final acceptance certification required in the Lease is attached hereto. 3. All capitalized terms herein shall have the meanings assigned to them in the Escrow Agreement 4. The list of equipment, set forth in the equipment/property description to the Lease, shall be deemed amended upon payment of this requisition to include the property set forth in Schedule 1 hereto and any property paid with funds of this requisition. City of Denton By: Name: Title: Date: Approved by Lessor, or in the event Lessor's right, title and interest in the Lease has been assigned, by the current assignee of Lessor's right, title and interest in the Lease Agreement: Key Government Finance, Inc. By: Name: Title: Date: [Lessee to attach final acceptance certification if final disbursement request.] KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 SCHEDULE 1 DISBURSEMENT SCHEDULE To Requisition No. for the Acquisition Fund: 1. Amount: $ Payee: By check By wire transfer If by check, Payee's address: If by wire transfer, instructions as follows: Pa to: Bank Name: Bank Address: Bank City, State, Zip: Bank Phone: For Account of: Account No.: ABA No.: 2. Amount: $ Payee: By check By wire transfer If by check, Payee's address: If by wire transfer, instructions as follows: Pa to: Bank Name: Bank Address: Bank City, State, Zip: Bank Phone: For Account of: Account No.: ABA No.: City of Denton By: Name: Title: Date: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Exhibit 2 INVOICE Key Government Finance, Inc. 1000 S. McCaslin Blvd. Superior CO 80027 Bill to: Invoice No. DentonCity-02 Denton, City of Invoice Date: 7/15/11 Kevin Gunn Lease No. TBD 215 E McKinney St Purchase Order No. Denton, TX 76205 Contract No. CSA No. ACT No. Reference: Qty Item Description Total 1 Lease Payment Payment due Upon Return of Executed $118,591.00 Documents Tax Balance Due $118,591.00 Please remit funds to: REMITTANCE INFORMATION Key Government Finance, Inc. Date: Attn: Isaac Hudson Amount Due: 1000 S. McCaslin Blvd. Amount Superior, CO 80027 Enclosed: Contact Phone: 720-304-1288 Please remember to: 1) Make checks payable to Key Government Finance, Inc. 2) Return a copy of this invoice with your payment. 3) Keep a copy of this invoice for your records. 4) Direct all inquiries to the contact listed above. Comments: KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT TO INX, INC. FOR THE LEASE PURCHASE OF HARDWARE, SOFTWARE, AND PROFESSIONAL SERVICES TO ESTABLISH A DISASTER RECOVERY DATA CENTER FOR THE CITY OF DENTON AS AWARDED BY THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR-SDD- 621/DIR-SDD-1418/DIR-SDD-1386); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4759-LEASE PURCHASE OF HARDWARE, SOFTWARE AND PROFESSIONAL SERVICES FOR DISASTER RECOVERY DATA CENTER FROM INX, INC. IN THE AMOUNT OF $696,185.54, WITH TOTAL FINANCE PAYMENTS OF $711,546.01). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement 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 Building and Procurement 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 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in File 4759 listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMER VENDOR AMOUNT 4759 INX, Inc. $696,185.54 SECTION 2. By the acceptance and approval of the above numbered items set forth in the File, the City accepts the offer of the persons submitting the bids to the Building and Procurement 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 Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the File wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-ORD-File 479 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams at 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with SGS Engineering, LLC, to continue Engineering and Consulting Services for Capital Improvement Projects for Denton Municipal Electric, and providing an effective date (PSA 4755-Professional Services Agreement for Engineering and Consulting Services for Capital Improvement Projects for Denton Municipal Electric awarded to SGS Engineering, LLC, in an amount not to exceed $1,260,000). The Public Utilities Board recommends approval (5-0). FILE INFORMATION Denton Municipal Electric (DME) requires the support of consulting engineers to produce structural and electrical designs for electric substations, transmission lines, and protection systems and to obtain other engineering related support for approved Capital Improvement Projects. Using outside engineering resources is an efficient and reasonable method for obtaining the temporary and specialized services needed. DME has had professional services contracts with the engineers that make up SGS Engineering, LLC (SGS) from 1999 to the present. Personnel from SGS have completed the transmission line project designs and most of DME's protection system designs since 2000. DME entered into the most recent contract for professional services in December 2007 and is very satisfied with the performance of SGS; therefore it proposes to enter into a new contract with SGS to provide engineering support for future CIP projects. A summary of the projects that were undertaken and the expenses incurred under the existing contract and also the anticipated projects to be designed through the year 2016 is included in the Public Utilities Board Agenda Information Sheet (Exhibit 1). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 11, 2011, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award a Professional Services Agreement for Engineering and Consulting Services for Capital Improvement Projects for Denton Municipal Electric to SGS Engineering, LLC, in an amount not to exceed $1,260,000. Agenda Information Sheet July 19, 2011 Page 2 PRINCIPAL PLACE OF BUSINESS SGS Engineering, LLC Lubbock, TX ESTIMATED SCHEDULE OF PROJECT Project designs will begin upon Council approval. The Professional Services Agreement will remain in force for the period that may reasonably be required for the completion of all project designs. FISCAL INFORMATION The professional services will be funded from Capital Iinprovement Project fund account 602921491.1360.3560. Requisition 4103649 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet Without Exhibits Exhibit 2: Public Utilities Board Minutes Respectfully submitted: 1 k 4-- Antonio Puente, Jr., 349-7283 Assistant Director of Finance I-.CIS-File 4755 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #1 AGENDA INFORMATION SHEET AGENDA DATE: July 11, 2011 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 SUBJECT Consider a recommendation of an approval of a professional services agreement with SGS Engineering, LLC, a corporation of Lubbock, Texas, for civil, structural, and electrical design and other engineering and related consulting services for CIP projects for Denton Municipal Electric in an amount not to exceed $1,260,000. BACKGROUND Denton Municipal Electric (DME) requires the support of consulting engineers to produce structural and electrical designs for electric substations, transmission lines, and protection systems and to obtain other engineering related support for approved CIP projects. Overtime, there will not be sufficient work to justify having civil, structural, and other engineers on staff that possess the specialized expertise necessary to prepare designs for the various types of projects required or having the necessary field personnel support for certain constriction activities (such as the extensive surveying and staking required for transmission line design and constriction). Using outside engineering resources is an efficient and reasonable method for obtaining the temporary and specialized services needed. DME has had professional services contracts with the engineers that make up SGS Engineering, LLC (SGS) from 1999 to the present. Personnel from SGS have completed the transmission line project designs and most of DME's protection system designs since 2000. DME entered the most recent contract for professional services in December 2007. DME Engineering is very satisfied with the performance of SGS and proposes to enter a new contract with SGS to provide engineering to support CIP projects. The table at the top of the following page is a summary of the projects that were undertaken and the expenses incurred under the existing contract. Because SGS personnel have completed all of DME's transmission designs and most of the protective relay system designs since 2000, they have developed a sizeable drawing and information library of design features and assembly drawings that describe the DME system. They have accumulated a thorough knowledge of the methodologies and philosophies used by DME. This background of experience and information will allow SGS to complete project designs more effectively and efficiently than an engineering group that has had little or no participation with DME. The result will not only be efficiency but a lower cost. Design projects AIS - PUB Agenda Item 41 July 11, 2011 Page 2 of 6 that are currently in progress are reconstruction of the Woodrow to Kings Row transmission line, reconstruction of the Kings Row to Denton North transmission line, and the protective relay design for the Bonnie Brae Substation. Contract Expenditures for SGS Engineering Jonrturl, 200S to.hine 2011 Prolcct Title Dcsi(_Yn ConStl-UCtlon Expcnditurc Amount Substation Re lar Design Proieets RD Wells Interchange Relay Design 1000„ 1001„ $167,371.00 Arco Line Relay Desian 10000 10000 $ L470.00 Hickory Substation Addition Relay Design 100% 100% $77,293.00 North Lakes Substation Relay Desian 10000 10000 $5297.00 Locust L340 Relay Panel Design 100% 100% $2,790.50 Fort Worth Substation Relay Desian 10000 10000 $4L486.00 Bonnie Brae Substation Relay Design* 55% 0% $46,659.00 Jim Christal Substation Relay Desian 10000 10000 $4.551.00 Teasley Substation Addition Relay Design* 100% 100% $49,757.50 Transmission Line Proiects Denton West - RD Wells Transmission Line Desian 10000 10000 $20206.69 RD Wells - Hickory Transmission Line Design 100% 100% $27,452.93 Locust to Hickory Transmission Line Desian 10000 10000 $7.660.99 Hickory - North Lake Transmission Line Design 100% 100% $25,210.48 Denton West - Denton North Transmission Line Desian 10000 10000 $9,601.22 Woodrow - Kings Row Transmission Line Design 15% 0% $21,628.14 Kings Row - Denton North Transmission Line Design 5111, 0 $4,889.45 Tolcil L.ri~~°uclilur~~c R~ I 32~.t~r~ * Includes estimated unbilled amounts of $3,600 for Teasley and $8,400 for Bonnie Brae relay designs. ~ut~[ruc[ .1 muuui SS~S rxx~.rx~ lntoutlll~~n~uif~in;r 511.67,.1u Table 1 NERC has recently established a requirement that transmission owners provide evidence that field conditions and line configurations after constriction match those anticipated in the design. The standard further requires that owners continue to monitor field conditions to insure that changes are discovered and properly addressed to insure continued safe and reliable operation of transmission lines. To comply with this standard, transmission owners must complete a post- constriction field surveys that include verification of terrain profiles, installed pole heights, and conductor sags and identification of obstructions and encroachments that were not accommodated in the designs. Transmission owners must continue to monitor these conditions for the life of the line. SGS prepared the designs for five DME transmission constriction projects that were AIS - PUB Agenda Item 41 July 11, 2011 Page 3 of 6 completed in 2009 and 2010. Since SGS developed the design for these transmission lines, they have all the engineering data and information that should have been followed during constriction. Because of this, the best choice of a firm to complete the necessary post constriction field survey and verification is SGS. DME will use remaining funds in the existing contract to begin the field surveys and to allow design to continue on projects that are in progress. It must be noted that at this time, the NERC standard only applies to transmission lines operated at or above 100kV. Two of the five projects were in this category. DME believes this NERC requirement identifies a prudent standard of care for all transmission lines and will fulfill the intent of the standard for all 69kV transmission lines as well. SGS is scheduled to begin the process of providing field surveys for all transmission lines beginning on July 18, 2011. DME is obligated to report completion of the surveys for 138kV lines by the end of 2011. Money in the existing contract will be used to initiate this effort. The amount for the proposed contract was arrived at using the estimates shown in Table 2 below. These are the projects that DME expects to undertake at this time. Changes in priorities, unforeseen requirements, or changes in approved projects could alter the projects undertaken. Design Projects for SGS Engineering imic 14- 2(t I 1 11,111cd ]n- I:stlllmtcd Cost Description scrv icc Yct11 SOS' 4/0i'1 1 Substation Relay Desivn PMiects Bonnie Brae Substation Relay Design (55% complete) 2012 $50,000 Denton North Ring Bus Relay Design, 69kV 2013 $100,000 Kings Row Substation Relay Design 2013 $100,000 Pockms Substation Relay Design 2013 $150,000 North Lakes Substation Relay_ Design 2014 $50,000 Locust Relay Design 2013 $80,000 Transmission Line PMiects that are in Prozress Woodrow to Kings Row Reconstruction 2013 $125,000 Kings Row to Denton North Reconstruction 2013 $100,000 Field Verification o Previous Pro'ects or NERC Compliance Hickory to US380 (as-built verification; in progress) 2012 $10,000 Hickorv to Locust (create profile & as-built draivings, 2.5 2012 $35,000 miles; will also serve as part of the design for reconstruction) RD Wells to Hickory (as-built verification; in progress) 2012 $15,000 Denton West to RD Wells (as-built verification) 2012 $20,000 Denton West to Denton North (as-built verification) 2012 $5,000 Spencer Interchange to Spencer Switch (as-built verification) 2012 $10,000 Spencer Switch to Woodrow (as-built verification) 2012 $10,000 AIS - PUB Agenda Item 41 July 11, 2011 Page 4 of 6 New Transmission Line PMiects North Lakes to US380 Reconstruction 2014 $50,000 Denton North to North Lakes Reconductor 2015 $25,000 Locust to Hickory Reconstruction 2016 $100,000 Spencer Interchange to Pockrus Construction 2015 $125,000 Miscellaneous Support for Proiects not in the above List $100,000 Total $1,260,000 Table 2 If the designs that have been started were to be assigned to another engineering group, every aspect of the design would have to be verified before any other engineering firm could professionally seal the designs. The TEXAS ENGINEERING PRACTICE ACT AND RULES CONCERNING THE PRACTICE OF ENGINEERING AND PROFESSIONAL ENGINEERING LICENSURE requirements state: §137.33 Sealing Procedures (a) The purpose of the engineer's seal is to assure the user of the engineering product that the work has been performed or directly supervised by the professional engineer named and to delineate the scope of the engineer's work. Texas Engineering Practice Act and Rules Page 54 of 67 Effective 9/10/07 (b) License holders shall onh seal work done bye them, performed under their direct supervision as defined in § 131.81 of this title, relating to Definitions, or shall be standards or general guideline specifications that they have reviewed and selected. Upon sealing, engineers take full professional responsibility for that work. DME is very pleased with the working relationship, the work quality, and the cost of work that SGS has provided over the years. There is, therefore, no incentive to engage a different engineering group for the design and consulting services that SGS has provided in the past or to reaccomplish the work that has already begun for other upcoming projects. As stated earlier, DME must have the support of an outside engineering services group to complete the designs and provide field support for constriction. Changing consultants at this point would mean that we would have to develop new relationships and work through training a new group on the types of designs and features DME has found useful. The efficiency of having a group already familiar with the types of designs and that has a library to draw from would be lost. With the transmission work already identified in the CIP and growth in Denton requiring the addition of one new substation transformer every two to three years, continuing to work with SGS is the most efficient and effective choice. Exhibit 1 contains pictures to illustrate the types of work that SGS will primarily be providing. AIS - PUB Agenda Item 41 July 11, 2011 Page 5 of 6 OPTIONS 1. Recommend approval 2. Not recommend approval RECOMMENDATION DME recommends approval of the proposed contract with SGS Engineering, LLC. ESTIMATED SCHEDULE Project designs will begin immediately upon approval by the City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION The charges for work under this contract will not exceed $1,260,000 and will be funded out of amounts budgeted for specific projects. A significant amount the work proposed will be in the transmission category. These costs for transmission projects will ultimately be recovered through the Public Utility Commission transmission cost of service program (TCOS). BID INFORMATION Texas statutory law provides that procurements for professional services are made in accordance with the "Professional Services Procurement Act." The provisions of Texas Local Government Code, Section 252,022(a)(4) provide that procurements for professional services are exempt from the requirements of competitive bidding. DATE SCHEDULED FOR COUNCIL APPROVAL July 19, 2011 EXHIBITS 1. Typical Relay Panel and Transmission Line Pictures 2. Proposed Professional Services Agreement AIS - PUB Agenda Item 41 July 11, 2011 Page 6 of 6 Respectfully submitted, Phil Williams General Manager Denton Municipal Electric Prepared by: Chuck Sears Engineering Division Manager Denton Municipal Electric Exhibit 2 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 11, 2011 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, July 11, 2011 at 9:03 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Barbara Russell, Randy Robinson, Bill Grubbs, and John 11 Baines 12 13 Absent Excused: Vice Chair Bill Cheek and Phil Gallivan 14 15 Ex Officio Member: George Campbell, ACM Utilities 16 17 CONSENT AGENDA: 18 19 1) Consider a recommendation of an approval of a professional services agreement with SGS 20 Engineering, LLC, a corporation of Lubbock, Texas, for civil, structural, and electrical 21 design and other engineering and related consulting services for CIP projects for Denton 22 Municipal Electric in an amount not to exceed $1,260,000. 23 24 Board Member Grubbs motioned to approve item #1 with a second from Board Member 25 Russell. The vote was 5-0. 26 27 Adjourned at 9:49 A.M. ORDINANCE NO. _ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH SGS ENGINEERING, LLC, TO CONTINUE ENGINEERING AND CONSULTING SERVICES FOR CAPITAL IMPROVEMENT PROJECTS FOR DENTON MUNICIPAL ELECTRIC, AND PROVIDING AN EFFECTIVE DATE (PSA 4755-PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND CONSULTING SERVICES FOR CAPITAL IMPROVEMENT PROJECTS FOR DENTON MUNICIPAL ELECTRIC AWARDED TO SGS ENGINEERING, LLC, IN AN AMOUNT NOT TO EXCEED $1,260,000). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with SGS Engineering, LLC, to provide Engineering and Consulting services for Capital Improvement Projects for Denton Municipal Electric, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4755-Professional Services Agreement for Engineering and Consulting Services for Capital Improvement Projects for Denton Municipal Electric, to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-oRD-File 4755 STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT - FILE 4755 FOR DESIGN AND OTHER PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into as of the day of , 2011, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER") and SGS Engineering, L.L.C., a Limited Liability Corporation, with its offices at 401 50'11 Street, Lubbock, Texas 79404 (hereinafter "CONSULTANT"); the parties acting herein, by and through their duly-authorized officers and representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do inutually AGREE as follows: ARTICLE I ENGAGEMENT OF ENGINEERING FIRM The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set forth herein are in connection with the following described project: Professional engineering and design services regarding the following matters (hereinafter the "Project"). ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: A. To perform all those services and tasks as set forth in CONSULTANT'S proposal, dated June 14, 2011 which is a thirty five (35) page document from Steve Owens, P.E., Managing Partner of CONSULTANT to Chuck Sears, Engineering Administrator, Denton Municipal Electric ("DME"), a department of OWNER, which letter is attached hereto and incorporated herewith by reference as Exhibit "A". B. If there is any conflict between the terms of this Agreement and the Exhibits attached to this Agreement, the specific terms and conditions of the Exhibit shall control over the general terms and conditions of the Agreement. 1 I ARTICLE 11 PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and; shall remain in force for the period that may reasonably be. required for the completion of the Project, and any required extensions approved by the OWNER; or until the mone . taty consideration expressed hercin is wholly exhausted, whichever event shall first occur. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set !forth herein as expediently as possible and to meet the schedules established by the OWNER, acting through its General Manager of DME or the Engineering Administrator of DME, ARTICLE N COMPENSATION A. COMPENSATION TERMS: "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any expense reasonably incurred by the CONSULTANT in the performance of this Agreement and other incidental reasonable expenses incurred in connection with the Project. Provided however, any reasonable sub-consultant billings reasonably incurred by CONSULTANT in connection with the Project shall be invoiced to OWNER at their cost plus up to an additional ten (1011/o) percent. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT based upon the rates set forth in Exhibit "A" which is attached hereto and incorporated by reference herewith; a total fee, not to exceed $1,260,000, Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its General I4anager of DME or her designees; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered, The OWNER may withhold five (5%) percent of the contract amount until satisfactory complction of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the- General Manager of DIE, and/or the Engineering Administrator, or which is not submitted to the OWNER in compliance with the terms of this Agreement. The OWNER shall not be required to make any' payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not !be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the maximum not to exceed fee as stated hercinabove. 2 i i C. PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANTS undisputed st4tement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said thirtieth (30th) day, and in addition, the CONSULTANT may, after giving ten (10) days` written notice to the OWNER, suspend services under ;this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER for services, expenses and charges. Provided, however; nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines within fifteen (15) days subsequent to the receipt of a billing invoice of CONSULTANT, with such notice provided to (ONSULTANT within that time period, that the work is unsatisfactory, in accordance with Article IV of this Agreement. ARTICLE V OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants. ARTICLE VI OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subeonsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents, The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER'S use of these documents in other projects shall be at OWNER'S sole risk and expense, In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project, ARTICLE VII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE VIII INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials; officers, agents, attorneys and employees from and against any and all !liability, claims, 3 i i demands, damages, losses and expenses, including but not limited to court costs j and reasonable attorney fees incurred by the OWNER, and including without limitation damages; for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a panty to this Agreement and nothing herein shall waive any of the party's defenses;, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to phis Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency, that has a rating with A.. M. Best Rate Carriers of at least an.'A-" or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence.and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Insurance (if applicable) in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $50.0,000 annual aggregate. E. CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER`s request to evidence such coverage to the extent that is possible. Otherwise 1 ONSULTANT shall firrnish to OWNER within fifteen (15) days of the date. of approval of this Agreement; certificates of insurance evidencing the required coverage. The insurance policies shall name the OWNER as an additional insured on all such policies to the extent legally possible (save and except the coverage described in Subparagraph C. and D. of this Article), and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of.any such substitute policies furnishing at least the same ~olicy limits and coverage to OWNER.. 4 f ARTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval, ARTICLE XI TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party. B. This Agreement may be terminated in whole or in pant in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance.or other reason(s), and not less than (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final' bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for . reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article IV of this Agreement. Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and the new consultant. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination but may maintain copies of such documents for its tiles. CONSULTANT agrees that it shall also fully comply with any and all written requests received from the OWNER, through its Director of Solid Waste, to maintain confidentiality respecting certain designated records, documents, and other. written materials related to the Project, which the OWNER reasonably determines is competitively sensitive, and would likely cause damage to the OWNER if disclosed to the public or to any other person, party, or entity. ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed' a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and sub-consultants for the accuracy and competency of their work performed pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption. of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its officers, employees, agents, subcontractors, and sub-consultants. 5 ARTICLE XIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, by means of U. S. Mail, postage prepaid, certietcd mail, return receipt requested, unless otherwise specified herein, To CONSULTANT: To OWNER: SOS Engineering, L.L.C. City of Denton, Texas Attn: Steve Owen, P.E. Attn: Assistant City Manage ir 401 50th Street Denton City Hall Lubbock, Texas 79404 Utilities Administration Dept. Telephone: (806) 795-6827 215 East McKinney Street Denton, Texas 76201 Telephone: (940) 349-8130 and I City of Denton, Texas Engineering Administrator Denton Municipal Electric 1659 Spencer Road Denton, Texas 76209 Telephone: (940) 349-7111 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given. ARTICLE XIV ENTIRE AGREEMENT This Agreement, consisting of nine (9) pages and one (1) exhibit, constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications und4standings, and agreements which may have been made in connection with the subject matter of this Agreement. ARTICLE XV SEVERABILITY i i n to 'urisd ct o jurisdiction If any provision of this Agreement 3s found or deemed by a court of Qompetont be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable. In such event,; the parties shall reform this Agreement, to the extent reasonably possible, to replace such strickenprovision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision, 6 i ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, tegulations, and ordinances applicable to the work performed by CONSULTANT. hereunder, as they may now read or as they may hereafter be amended. ARTICLE XVII DISCRIMINATION PROHIBITED In performing 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. ARTICLE XVIII PERSONNEL A. The CONSULTANT represents that it has or will secure at its own expen$e all personnel required to perform all the services required under this Agreement. Such pc6onncl shall not be employees or officers of, nor have any contractual relations with the OWNER, CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise diving the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT orunder its direct supervision. All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local ;laws to perform such services. ARTICLE XIX 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 OWNER. CONSULTANT shall promptly notify OWNER, in writing, of any change of its name as well as of any material change in its corporate structure, its location, and/or its operations. ARTICLE XX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 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. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. 7 ARTICLE XXI MISCELLANEOUS A. The following Exhibit is attached to and made a part of this Agreement: Exhibit "A" CONSULTANT'S letter to Chuck Sears, Engineering Administrator, Denton Municipal Electric (June 14, 2011) B. CONSULTANT agrees that OWNER shall, until. the expiration of three (3) years after the final payment made by OWNER under this Agreement,` have access to and the right to examine any pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will serve as project.Manager respecting this engagement shall be N , ^L1, Q p . Principal and C~~zr► 5 , Manager of CONSULTANT. However, nothing herein shall limit CONSULTANT from using other qualified and competent consultants and administrative support personnel of their firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT' disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and. private property as required for the CONSULTANT to perform professional services cinder this Agreement. G. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. 8 IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly-authorized Purchasing Agent and General Manager of DME; and CONSULTANT has executed this Agreement by and through its duly- authorized undersigned partner, on this the day of 2011. "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By: By: GEO. CA B CITY M~IVAGER S PHIL WIL , GENERAL MANAGER, DME ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: "CONSULTANT" SGS ENGINEERING, L.L.C. By: ,4e-96'ze~ STEVE OWENS, P.E. ATTEST: By: 9 i EXHIBIT A E N G I N> ,R' PZ FN G:, 1-~. ' Jvne 14,20-41 Chunk Seats C4 af' Denton 90'1 A TQXE s Street DOW, TX 7620 ft:~ Pro,poof Chuck, BGB tYngtneedh'g, LLC, ("SO5") rPpnsds fp 'en#er"a pprofessional servlces ~agxearnertt with tho Q.ity " laariti5ii tl gat would W'[0' r SM to to"A veto provido tiestgn and other_pro.Wstonsl eonglgeer Ong sp-wfeea, to'n benfo Mun`ioip i i~ eatrfo 4"t]litl ").:for its ~Copltal'lrClpravetneot Program projects, and for NBRc' anmplianeoisaues. ,servicea<wiil ba.iendered ak tha directiarls,af OM ari be Nli-ed on a hoiiriy basis,. In additfon to undertaking now pr, ots, this: 60w ooiltrsct wautd allow SG 'to aorripiote work tb at°was started'.iirdelr.#l~e existing ~~~traot #laf wos appro~red iri pecetribar of ~i)07. Tile pro]edis ti#at are; irk proofess W& lsted later wthis proposal: SG;a proposes°tb coriklrrrle.prv±rtdiiig pra~sidiai device under slmilei terms anJ oorrditians kc'the previous d9foement, Seririees World+he-Billed In acoordarfoo with tine SOS rates `Cri 000-at-at MR tuna serv'[css are rehdored. sh"net is attaoheil.that'sI 6VVst3:fl o du`rrei f 4S t°ates. $0,S'ratesMill be revised' from timiMd timeko reflect eu`rrerit rriark t`-cor~dikio~is. Trh' hat lfttorWally lbeeh on an :amnual basis "in ti e-eariy.parto€oath ca(ehdar:year: SOS :Engi€teefirig.personnel have been proVidfng services to Denton-Mu loJproVEiectricsloce 199:9 When the maJgrity of olirrent personnel -were employees of 808. Witter,. inc, the ehifty that first.ao)lfraoted with. the city In 199% The principals of SGS are very famillar %viftthe design requiremanfs and 'system needs of RM having workeu closely-with PPE over the lest twelve (12) years. Beoauso of the f6mlliarity with Q ME syskelils and design Methods and requiiemm*, $G:S,believes there would be an advantage in allowing SGS Engineering to contin.lve to provide erlgineedncq serVices to DMl"' thank you`fdr your consifieration;af`thfs plcposal We look fo ward to continuing,,a successful working reletioriShlp, enclasuros 1holude"2Q11. Wking" rates,. proposal umma and projoa 0 mstos-, scope ¢f work, Bore r y overview,. client list, :and emi5ioyee resumos, SiGerely, . SC. ~ 1=ngJn~eering ' i taus ~Oweri's, l~ r - Menagxn_9 Pamer. ~nGlosures . 72& 5;5ng*eing, Ali; '.01 • t74th $trit E~ulaoct;Tixas 7940rAiNOF~ 79.7 'FAX $08.1%, W.SGSENG I i°iactr(e t'rops:al.ummar and Prc~t~ctstrnatas--Menton MuntGIP E_~t~l►tesxl~lg 15ropo:s_ai ftir ~a~f~ai :impirrriram~n#-p~vlacts The sc of tt► araJecks Sri _e aot i l t d. with fft!"a °ltc~r~ estfrnstos-(jt` tta'ee ing'cos 1 ont~Ee brae fb tatl ~ 1 o eat (55~~a mplot$) O~QOt} b~n an-E orfh nt~ra ai C us?. e(Ay [ csCgn iir stow ~a stat~on_Re~e. b sign 10 Pa~kk~is $~bstatiot~ ~$l~~°~~si~r+ , ~i50,oO:(? Noah t akze gubtt6ffbh Rb ay i5eslgn $ SUM. i.vc st bstatf0 May b-, SQ,00:t ra isslar4f c:-tea n{pie t:t at n p o o r_.e to iCfn ~ RovV ra srnfssf'on tine DOOOn 125,0 D.a Kin fie!! toQrtto:n Ndt Ytetl~mtssian,t~ine [3asCgn100,ObD 1~fel ~~'e fic " apt of<F °s F'i'ti acts f.~r-N~1~C;~b , "'iianae. , 1-ifek~ry' ~~b~t~ 1,35 X84 A~ ~Otfk ll$~'~tf~tln~ ~'iO,OO~ icfccr dubcttt dub A' ~u~1t lfaffffati'a,'94 Nfci~oyk3,#a tt t '1teffs dub As:.u{f ~(:riti=3t~on (5,fl00. Weiis eta t0 0' ten Wos " W As 0kit er[fltratia $20,Oi 0. t~~ntb11 Wesi;SUb to lotet?:N©tf~'Ut A~t31t Vgfthc~tlQn ' &,004 ~per~~er [r~ter~h~~g~'tn ~1?o~c~7 S~if~h ~~el3uii# Ver~ie~ttert `$14,0Q taf3o:n~~~ SWttoh ~?,1rVged~tSW~u~. H~~~Uilt Vc~tilCat(bt1 ~14,Qt1t3 Nev~,Yrans~it#siar~,lir~~ bo$t~' ,t•~, ec s pe t n iprtft to er k lakes: Adondectv.r 254000 w-co tto_Htckoy I e or~sttt ctjot 104,170t7. ~pch~er to F~~ct~rtis_,7rans~n~;3~iar~ Line i~e~~gt~ ~~~~,tl`~t} i i - 1 . K bOIWt TIO_ S. I L Tra~smilesi~n :l:.i.~e l~eefgrk A. Pr6yEMOIneeMg i~lsriili>}~~ ir~tfmatos,:Srte Vf~lfs, f~autetai~parison B: 'survey G: t~est~rt° 6 n ring }~I •G 4p t? sign, C SIt~ :i Mal Speclfi~~tiotts; Matorial; t3trucf~t~ ~~►.~>~~~ticrf C~~si~~ ' t~: 'Matt ~CFl~r~tll~ Sheets._ . Spit truekarae,fotp&' Sh`ats,.Aerial imagaiy E:.:~roteet Speetf~ Str~tc#tr St king tacaii ~nef~l is f Sri vtir, Doeurft ts, As~8 It F, DAt 066-.s4 P,d'm' : Iditratii PreJ~~#-Manr~~er~ont~;~tlo fyl~etlt~gs_ tlf P'[~t~ t~eriffaet~~~ off p~~vl~Cls ~rb~aets A, i=feid purvey aXistlrl tFyc#t~r_~ loca ions for detallecl span cite0s: C, Mold tttvey iosNp it cif s .each spore er 04ViOuslowor oiewwo:ioocktions'. Recaril Teprtrarkl B&G Sian try'. `Qbt~in t-ea l#a per4Y :Gt#ekalcit rprte i deice td es[r exlstr the is behavti~s..ateete, eded: Afl[rr:onco 1n es~GIit datar maneptrec#t4.t~s it f l Dd'alfod F>lald V r teatla f= t s J :ot ll:: f1e1d SUNG exrstt rstrE,e ure le ti n? fc--t: etailed. p. t hecke ,1, l'iel1 3.lrrVy structure attacYll~let nts, .mttitiple sag poJrtts par:at K. -tecord ptp¢retlare-fit earspan M: `Re~ma#~i atfa~l~rn_er~',1~oli~~sir~ P't.3=:GA~t~-paid ra strih~.ed~cfuetor _ Nf ` Gen~ra~~ h8tiv-,~l~ri ~'<id ~rof~~~ s(~eetS fa~;ea~h prbjec# qa ahs k:. lc r( ffp ~ fry offtGe t ~ s> a existing wir'61 s bahavtn s e 'p oted Affira Leontld nc fn s builC da a or 1 k brt~eti ns.ff:nee' ett: !V S4bstt-rt~Ral7,a gn i I 't?re~i*iglpeeri;~ IaC trl r , S. itlon Layout; Fume nal Qn-e-linesanei: L:eyou#e -Sasfc ge~lgti I~ela'Qrse ilile, Three Llrrqs;I11 of:t+atQrlals nEcplsklmatlos,;Panei lririg.oia rms: iyc 4l e!!t Ciannection 7i'agra ts, Ir#ter ottr?e tiia. ►1aWgro Ms1NiC i Is i~elayyett~rti`gs, 4a.~r:rnlssienng F. _A06*1s0411 iri f?toAl: Management and. WOngs , NifOW-4 III M" Gies, Trov, 1 I_ 9T' . en , i'bf si00 1r t~ 12 s nioz'o`ioral~ex 113 S iRK T' af' s Eo al En ' n ~ 1fl5 O'Si &saat.of~sc~a~ ter C~~a~►x tee ~n~.~ ~ - - - n o, t f 7 X 4 's-616r Staffd - 8 GAtt 96 kff ela' t cit t f :1: brig. P. AIRAT t C4 $1L }+~dkl 1.~'f('tr7 8 MSS'+'#} p 1t i ~b8 '74 70 62 Se~i4 iiecft 77 lttt L%F'ta,_ : e. To b para. , vi =tl 1 61 . to1►T i J~ad t ttd ecl~nictt:. sits `I'eeht~tcctt 4 : 52 Asoutate I'e~.ttt~a~~ A tr~lli Assc Gtatc, Tec6if, s~tate4liiici`n T3 tzn7tsY~fye ,a sta4t- Atrittlshrai yssststaitt 4`~ ,~2 T~ri~faii ~1~3tni~t►~ft°a{'ivc ~ss~~~~ht~• _..,r 1 I Pogo I i 3 Z01 I C0,Q~`u?~Rtju~TlVE 0:11120- 0 0-1 i Per Diem . 5.,00 petclay E~cpe :se ettlal gut 5pooke Mileage 121] IRS 4116mblo , 0 IR llo cable; pl~.s $0;64 4-Viioda $75.00 per:day P % (Survoy 4oaj ty) $-250.:00 per docy $ 2M-0 per. holf -4y. Ranger $250.00 gee" day ,$00 b0,per Sub t t cl ~~tt 1ay,TesttgWpmont x$00 O0pea-4 ling Qpaalt~= cbas mud a 'I 4°l0 adrinisttan ee, NOTE ~p~e~alty tcq~ m y be. ~ppun~bie ~~t~;Foxen~ie~'~~?~, acct: S~ste n Pro~ect~t~u. Service,-6 ddefthiec1 t1y ~C~~ ~tig'triee~ii~g-o#a a prn~eat.l~a~i~,_`TlX~se,rates ~r~ava~i~~l i I _ 401 fpm St ob i MAIN 00.0 70. $21 PAX ' 06 79~. 2 l gyp ~ f. 1 tIr I,~ 1 t ^ r a F >e .e , . v : M-1 TT a..:A1 Mks:,fVx•. .:t~ var. a. ,d=~7 ~ .V „ . ..r ' F I I, . tia l?tttteel ~n':has to ot b~ei to three ind4ylsiuls Atha ~tttod tlte:eorrtp~€t►y (Sd ili van, Gi a `Sitith) ! itt 02, tt has: rovvtt to"over:3(3 e~zi l ► e+vs t~ clUdii g partilefs Thwcottapa yes tirezacE attd=hiittsj :Gl uts lxavt3 bet~l~-electttc epa~erattves o~e~~t~tt~yettt'sttt~d stll~~~ t~?d€ty~ ~i7pxaat~le the telatiott~la~~is,~we h 00 clevefop rl ith vt)t'k doper tiVO AkAts ttlyd msijar 014m o'07 the b _ t fo wt _rk for'' °a stiy°rttllity Ssaitlcvrit >s vhty t+cs years oiler tltat ednpryut~~e btitrs ►a1y Ata .slblisWd ir, A uo~s grori y of 016V ii indiv duitls besn';tp etliirr over-ltl:yetit . 1 :a vory pt id: .0 , Oe OT'' atsd:-ti the l~ etntrnitixnttta.o;~ clletYs attdtviste.to`As out c~pablltties and st ifttze have.growa over the years: V'e hrw6 veattured lnto diffetoa j ~ta~rfCCts We ark 11okV xovldi Scrviees apt jet t '41s fot Zvi td fibs; munt¢j ialss tall`c smpttntos, !?d~ aud00,01 VA to nd We,t t ~e l $ tt vory stlecessfiti with su¢li;l rojeets SaMe ofo~ r siionts inclt~de .G ty: t Uli'c; '01 -gWr ce'r Cdtll ? i'y a Aifttbtti %dwtc' 4 ttd, Whiting Parpiaut ; d `ar~st s>o rt 'l l na;• il 11 bent d. ilk. witit Cotisti ttetion'V !rare Pitzns, Oar-',pdgn s:sf l ~v fiif :>tije cda eratl as a~maw-ork val i:~cittg l~~jge l~i~ns, ~ettoxtal~z~ilg4 °Y~~t~'~f~tetures, ?a~pldg► and as:'ststiltt with city day~ta-oy i;?s~to ktat pine up Qp >Eafioaaliy, IYfiifry of o i ollg lts u t3:tts like : slat]f e i iueer, o e is to tovide a voryhraazi knowledge pl'T~c~~ve`r systems rvitivbur experiety ecd stftff j I C ,ut putt ~t is ta= :rovido a,eoa ~l to su station tt~ta[lation, laad~t4ttbn to llo playsicdl tnst~i_latf-oi of p . i. fft stab t, vv 'offer t t c~ltosy ng stil?plahywta services to eoitipl to the pt j►~et 1t wr 6.'Mtion lti't~ otirletit EJ pke~ t tlon flan • ~t6VI&on OpeAti g 0ulde t tattort _ + ~eat[otraiizln~ td ~o~~~~1~,~te tko st~tcon lvltti:Iine i~diosars tiled. ftls~ _ Are t:~lai~~t ~v~lttatiorf 'i ;iSCA17A•1lttvrfaee la, order, tto ttteet our cl%azt',s. regairem4,w• over tlis-years, SGS l ngit erin has ev$laped: the Capabilities f t l~+# ' t hst t[nn: pxpJ of t't m dice, site to 4 $410-011-1114t leas Well folly.niteoisUd out Glad ro~dy fqr to ~e etler izod1 btend-to Exceed our Cl ent~-$ expectations on every. prejeet. I - ] f : 11; POO` k _ -0 1 We 4:41-St)'h Stew; TX -9404 ( 06) 795,0171601-m (840) 195-7526 fax + E Q' IJng niKe ln ° s.e tefisirr0. experience j'p 1dia s it eexttig and ttppo t er iees to thi<eieetfie-~tlllty itidusw -range Of8elvices. erieompam most i`aects a£t ie le t ie U6 tt~ design,. e lit u0 tori,. n)Ad OPOTAt-sort, Oar ttllos~on is simply !thls;: uitlie _ tneering ser~vi± to Ou . iot ceatt: at, a e ua*m: ensurote with, the, v4100 . y ~ II,sto~+ of • :GS' , t' Into :Lrlbii ee to is ap.crigme. ittg pat~tn~t chip based in_~Uhboiik . Te~:as. it oohs sts of a m is att~i staff`'that pr t#ro~~siy corpprised a--pa Lion of.the entity.,-known as G ; ditto ` -U' (i9~ i et tig group bogg t. at tiaek u~4r_ A jwthp ~'.RO" Co ~o~at WIA IQt77 Somme OPA key:itrd~~vidws of the~tew S Ertgi :oeri g la ve a t ally 6wifted Armor a 'ed thks group Muce'the formation-Iof. tho c ti:g na.I coi parry (~~livan~ ~ray~-;artd Smith} :i ~~sL, S n ineeran `ocsr~ is o se en(7)partners, All sevon imtoers ava P fossWal P gltteom. The eoffipa t offers platiriir~g an :secribn lizin se t!iees s wea14 o8mplete de:s~n-sary~ccs ~o~ ~~~tattnx~s,~t~s:nsm`isslon, .arid distrii?utu~i i?~~oi~etsBas mhas a proxizi~atdly f4 y-t 'ee #3) employees irtetudin nr`ne (9) p d&f sio a l e g ize t' t fir.G it ,:dta 00'a, AWO Arai a'drn trofiv'e ersorZne . trr a i e.is: l aft d: s Y' ti ith_c 'o s.i i ier NM d l lla' , t d_ So n ' 1%-. g tro offi parso04e1 v lie Polvintrc°arrna#cns lve .to duca~ne - ho woutte - m l6le o-r ox t vi~ifh du on theso,projor'O i I I 1 i e 0i e s, lot, NOTAMNOWe a o t1e. - xperienee includes su statim desd~, trAh9M. Ooit dosigg, dt tti ati©hYde t`gn, as well asAl asp-eets of pl4anmg,. P,reseatly, Steve is tie eng! eer in i ?ohar e of snhstOw n en;gitreering.ri the $08, to eiing, l bock of e . t'esparti le t~ , is I ezls c :'Ytsf i poll ng ri60rhi Toxas; Oklalioxria,. dtv. to i ii; ari as, i olaxa v, ai d AriZOA i i 1~2ap y Pty~16i >h:i P fns ' ansmissie AEst l u#i Ign lv ineQi+)1 i8 sirs cif t~xn~e Ll~ne ~reldll: pse ~f(rr(ssnnd dsrrbiz~ 3 deSx n i the erigittcc in res 4nst l Ohafso oftranw Wbnldisiilbtti 4 steel~~le°.d'~ign_~s tiv~ll°°as ~~r~veutiot~al co~stt~aetio`tt I~ottty s:a kicerrsecli'riif'essi~ral Cr~v : Bayv Pf +`4 P rtn (N*00644, l W60'athi r, Og °M aer ste, X`~~ f e $ oar Dries pe l~r iricitjks-. omplo de i peoatr n, eheel t~tit, aizd r r r s ing p ''a11 as.0,60s o£ spstem t oteelio . Ctr s lei (ec aid p of olent £ti all E : l vie. a i licatlorts = rreg: is.a licensed Professional 8 giile6r in :Texas and ~im , ,T+~~ aN et' LS t stafion D si rilCn inee } mliieT04 wears ex erleneCe nO wludm all;pliasu of substatipra ~Osign. Le~nt~ hey e~ster~st~s~~erlo.~ee'~a~ing ~R~O1~Q~~ eb~rrturi'icatl~~ p~pc~snrs a~ a ~~A ferface :l ox t0, is li4.eitsed° T i ift'ssiorxsl ng Deer is Tcxa$, NOW WA0.0~ artd OMOONs ~~ct :ll+ auag r) gojito Wolpmott, P .X' ,P rtuor (Pro A0 v airs d ~~Oglence>;includ the opOratibfial managdan ht cif SAt~k01c , 0,stpton, and w sttlbtltlonsystems vuith Gc~apcratives &;T~C1s~ Nt€~~te=~s.a lte.rtse Pr.et4it?gioeet Texas, ,ateetiotL ctr): 1 CC~is, T C ffC Travis ()~4 Par(ite bst t iaii , Pir t 3 i feat et~c'~eiice L Wie=le~nel~i€i~s alb phaSe~ df sabs~tiaii c~~~fgn end bst~t~~t~lt~an~mr~s~~xt Pr~tee~~ cot (t to sill.. ~ ~Iim ivy~~~ex~encaart "1 TAW tdcorttt`_ol Travis lra"aste~'s:e itlec~lreakEiterir~g and is a (ieee. k' c fe°ssiciz l Ihilg hear s. e as -4 --N w"m-exim, ' Les ielxar s~ , P' AK. (S:e tar`'rofesslpnai.Vmgikev-) f rs o ax °erten o xpe nee it clac e m It ple as set of snbstatsort d -sr in such a l?`tS Ver ~ti a t.spec eat Qn, s bstat Q layouts (get rai ar an e tents tip` ta' SO.OM r ui difig,;Iontrol conduit, 116tiliu ; protee04 gyoufrd igsUldies, ild ptoidd rigfi~ac r cite e rs a lice #`sed PtQ essic~r~al' ri i`neer i i Tenk Afazbna, acid l Lassa la eti8,, - -and fi aia l~T di oil It co OR 1 i I i 4. - = N e) LS nit is P, ~ 7+tl'tc (l ttt~in Engintr r) I 7 of e I vlffplt~pIq. too. es for hot,t kar (2~ ° y8 rs) hd i'a~a - f i . = ra~ge=~~~~~~ ~e~r~j, ovex~u~~.~#~prgte~t~o~ st~~f~ (secfxo,~~~~x~g_~t~~~), loss~s~ud~es for B1eot-rib i ota s ~ at s s aid l ct~er st i s~ Tha s ud trs h ~ . ~e 106e f1t~oa~v, Mtiip1{4t~s~atconm1~trries;,: Q~1 ~ipnis~ ai Whd'I`urblria t no tt t n i or r~ . 1a t rs:. # ~'#s ~e t try :=a i o e p And A ''a ns zi: ' o o si ►gi eex'xr Pe as, dew N We ,b~ tlAzona, CoioWa . and flo Califa'r'tiia, ar MaitU , P f S Est #iow uoigo Lx glueer) :.5 ptwlades sabstt►or dsigr,s?ass~onxg,. 1 ~r of cnr1c `W er c ~s~tibu#~ora clesi a tit pi0jeai hi motai:. WAY. is a lkdmec #t6fos9fonai En i ieer.4A ` O O$. ti ~ , • aaisi~ii5soir.~iesi 3~ c#tstri~ttfott ~ s ti, atct;ai.Yps o`~.acvtes tt suppttT$prQjt,. gene ~s spos'We for:1 su~~vey atf~ .~onstr~~tia~i-~ot~~rit~s ~`i~ SCsS., j,~i 5a ('4'ib~~r'►i~} Chas'#isdz~, 01 e s d pe- ~p rWho ~~eitzd~~ W1#1'd &Sits'Anofys s four' ~ras~l~Kr 1. ~?i~ad. Cy c;7c and ptaj tend 3uil d P jet. Dtsser ton oo.,ooMbltiW&/f ro ng 'Wind ~ota~'PV' I i i I l t E 1 f 4 "3 I SOS ENGINELRTNG provide b a'~rde tangs techniol sorvWs fot TrftoS j*SlOA~uYjd pint lbuhiJ ' .toy ets, W" ~i OoTplete `&D l n i rin :s t lc ss, yttei tc In ' .1 e Desi st, lt'i ld vioo end or trttot a c orv tln l ev_i a W also provid $lt~ erl g: rvifC i Y o6 fations,: C #1 , I ~ i ,l' ateo#XO „Rates; a ci, cliaa tli~ al em t ars. Boltz of our sPeOfic. tag:, sexvlC tnltr~. Fgsl~llly+fiin,esln, rlai$ &etys, CQritruotdt~ 01asttixt, Usti Equ# n?eKt Wljoafl thO; acid Tro: bld Shooting: T,ttAN$~[SSTO Fwisibillty; Routin nesign, .tlxscnmb, tnkE na, T'lans &IProfite,; ' ~ortstrtrotlc~rt Ouersigltt; and `AsB~tilt" 1'?on~t~sitt~tiai~ ~ sZTtowltlO yi CeaAlls.ty,Land Acquisition,Dasign, Kai &.:ivlatoria1 Spe il~icatiot~s., PMOYiitg Cj%tvf5l, onstruotion, filspoati ~n?. d"Odog an'd': inal GiieAo-ut ~ANNINC; Mt7:l~=~'aotk'ta?ts triadoi~str►~t~on Work Flan An~nitaietitR i ' trota~ iti~ne 1'lazis, ~~ctigf~aarxi~~S#udies,;~CAI~~ ~tu~ii~s;. powaI;tactttir trtoilt Rudi:os, aajd=Vtillty M40in9lGADD $et`vicas DISTR>[13 TION:' canon cStudles, Line Dosigno Subdivision Design, Egtt~pnlent APP1[O tio.a ood-Clo stmoloo. Comma It Cltile Rvti i gr urvoyl~ $ Sfakit ej snit , tJasett~otrt , Work: Proof. itOvtov> ~yAo n I:nvsntories I Clt lity ivtappii~g, Ivin~ ~ iei~in~ Mappii~g;Utidatif $ o~R~~is vt MAPPING:. Aid' Ma-'Vo - Itltogtaf Wn_ EI? ; Frtgiuo ~'in ,"Ptoctt enrent unfd Con4trudion (Turn-Koy) 1 I 1V-A-N`.4.O j4DN` t Cost of 8et°vice -an Cute Studies, Valuation and Appraisal atudte5,'.1 iitau ial Fore 'S:ts, mra ttn'g and MatnageMo S mars { ~ ~XN~1 D4~~?VE~ i bite assessn2ett,'Ivi4rzrsiti~yg,: Cc~iletot► ROsigri,ltcl. Asssioit i. I I (Alf eil&COirig staff had sui scat tk 1 cxperi ric aizd export ise yn the clcOdO ~tfl~y ~r~c~t►~try, essng l oth newc3litie, asvcll.asr add~tx?i~ to oasht<g facilities, ft is oftcxz ~ocesaiy for dui f to v rC In u 4h ri -6iorgiad ~4eilttia~ and. eq~llp`i~cnf. '1'hWln-ltouse:cxpcrt~se allew~ Qal.iratsg atxrst~~s~~oit #rlbttt~o% sviifchig statonstid satsttit1. Tl'a smi soon end clistrtbt~ti n iiu ' dosign see cep iod de OuOng end s.11ing, suty. ~Y ilg, staking, asemt t~xids~itoi~~xe~~tati attd crtatcntal docuiuu#lo~'ta~e f?~~tion~ art o tls elyisati led hy"ourfeGl~ncla ~stltccl7nlci~ns on staff uivcyii ; s ace zl l llcdw th leo ic"d~ nc mo t g and other. ut' Pytn ecT~ill~~~aent.. tflgia s, s rvcyb art teeht~'~uiall c!01`kplboly W e clie~~tl.orse is l.to meet sclos~g ~ c u st ztt v~ci~~ltt e recluirementt:off~ocilie ctai~d th a prt~prtatc cl er.~itgb(l k clr [wJIg ;Az snaps will l q getlp alX ! b prcc~uce i i! A.,4t6 A~~ ar►df ai 1~L; SCAT Wo Also li4. - slr lle dtaft pa sans i ailak le fog :fhvs fe pr -*i' t t -OM up w ch yck )vhleh-re #jn lia#r l c ~ fr n ~ Qur staf#~ colic ~U Of cz irieer~ and:tcch~ttc ~ s wktl~ the eit ab l ty of dra~in~:co~i plate. ltt~e d sigkis Yu l?~~ GAT3T~:: l ugi3ieering o~stxhs tto ~s n td s vitchinf, stations trtclYtde plans speciA afYons- ph$ ezlraip etit layout, z! s~to a gii pOS~gn deeumedts 4ioltide ro-I And m :fo'lri p ac1'la outs; eh ati ar :d ppitit4 pQ'fi c tt ioOtibu t( 4jAgs, A~fi . mrk W4 e~or~ ifJi lcd in nd/ is o ~tio 'ozlrTaf} c staff oi~srs 6_f:'og,11 tiers w t do xelay sett, g o pal}illties `aid xel~y al~erfitit~n'a~~lysi~: i Addle oiral servlcc ;inciu l Sri = tc onstru f to revi and o rv t~on,,testin ral y , Yeclcse s, rc latols, i41 o eTsu iQ tc i p e t o tract 4w d osc ut'db0u OW0644 inplo~nt~flon of'~'€~AD~~clieil~e~. tLANiV` -NG I gsoryko§ ificluddt Land Range Plaits, TwQ=Yeas N rt.pla P:owcr' din -fts sal d tl p1401 ;Rectuft ii 4dlos, Fca~ibilzty_ it lt lkal ilY y Studied, S I A e ibi Ety, l itL f c~5~ Are " ysi , apacl or etj iiei~t nta, Tfegul~tor ROWroMOK,, and .e0044.011zing tu'die~ o lC P n of r c is i' its i rlly bc-preO' are, "I "I]Ort riati ~:a ded 1~Vc a li,:us yuxir c~alculat Qt s pre a e byy r staf#, we'oi pk p~ae #l eal ii atio sours tyB , of we fan use co l~x11,60114 p~oeedt lcs (dui ; : t is tQ!PxO pct ya~a itl tlleFtiao t" lexrt7to aid use l . to ve y t'i ~e e ~ tud ':fo Go.$."usc l>. Slt~~ug, .,clOument; not a"stod lhat ill os ~.:004:shel gafY~~r>»g dust; i I i i i i I i i , - 1 iq uip p ie t ap l atio and.othox ble ~ ohbg we Qf tt to „ r hi d ed a 'ds y=to i o xealx ~ tC at you damot atttieipaw systems pk.d.b , xxd they cb i 41i'll E eVet y - up, thgy a yi ou moll p~t~~~~~~_~O h~I0 rl i~ s~W~ys-hot 1l]lr`~ ~l crtoet~i~ge 4u~ clients icy feel 8_tp o f Unr { 1R `artY'ti a Sy$ elx r,Q 1a : s a„p Y() # sistd' a i1e1 .pY y trst tU l?A~T~ =seG4) t(l 0 t`e. ~isf a pl1`E?11 , o f s 1VA ? e w v! 4y& how-:gin onomooft' is t 1 t~ioYaiiAsuppt r t it i . 'o you, j MAP 1 1B RZNC o ear eom ut ri d system mapptn , s r4vtces. irtilizinS. AutoQADC~ soft ax S tetr mays catt',t~$ ek► ted4n efthiu standard or oth~ o m1~~6h t[z . . pllbiit yrprd d1' QX Il ge es, to as r~laps ir~hou e, 01' We tick z 6.%l O 6* m[$jT0' ip tl~ar s ttrce ax d` 1 e 1 acid lay~rt -at d t e °as r q ti ed 'or oaek s oat Otofits' Wo navo, 4 itlA*an ' Iott r e ii # fuse,. E( LATORY. kttl toINA CIAL atp 4Y naneia 5eA rlees fee by Cr8 $ C YN MR 0 3` a~u e eo~t-o»s'ivice s 'i es, rate siiac ies, Naa al i ox ,ts; tul s z d:rog ~ a t , line xtonsior4401op,,and toiY other t~ana~eir~ari~~t~iatecl:~~~viees, - i i i I I, 3 i I. l; _ I I - I I - I I I i f C~t~ltl~ Lisi` -1~V~~tt;xttts C? t~~~ ifat;~ to' -6 1 18Y Coun eatri'o Coop luara l ana eri ei t r ?up I 11 Co n ry 166ta coop C. &B P6 o0lb-o Cap J~a;k >~nergy Corp; C,06tra N . -W ~r COOP; c0tral VaJi~y Bleetrfo Groot CltupntaiT o tri otra 4 4440. C urt y lectr e Caop C-10.10 N. Sarmo ind C6Jz ml~~:s; i otrlc COOP City o Dolton conollo`vialiv Sleotr ir.-Coop Cify of:LubbWk trttlniltul~lear~a Chopl~tet iitrkets. p GIl'I 1✓leotric ~ervloe Q 'aCi in cour~t~~Jcatel,o Coop Iltc~r o i t C iti ty of.] 0 Alano,s A C glo' tdo co-op Kin or-M Oro n is~o~ Ivy gat 1~~ =lat txt coop K. oomi' Mootdo Company 'II Kit Canon Alec# is Coo1~ MA, Mop iei~soit. Cc~~~~pa~~y 1 Littib CountyIet~aobp Nvso `tfn(1iJytlority la"w -o4~ty ~1o0ooo Coop New 6t't tfals ITttll#y L gt tlibus"o 13 e6trio Capp Ne rCorp ogboom Icy to r ma rlo Cady NRC# F,norgy lora:an MEgtii :lcetr<ia: Cool Onl ~ney, ttir Ayopsotte Rioptfla Coot? Pq~ mq w Id PoW44-0 aQ j l li 1'J ins 1e rte Coopp 1'X Cotlstrugstion N t~1i n ~o t 117a Sle'titri C40p ~ow®rr l-pteqRr-Atjdtf,& $ s#eo?s Testi C3 64 Cowity Et~eWW oooW PY4C Inu~s#rle~, I~lcf, llmO 8lerra &vtrrc Code ~h .ll Witttf tier-gy S ar~la0 I~ct ro Copp ~Ci n l n$rAY, b o., caav~lt}Cot#ylac rao Copp ~etooa~vk,Grxlgarion l Sa 3oriiii d 'leet'rto Coal W-ci Ling- Pbtf ilol..coep:, slorra }gleal W coop XCEL Eoggy :a, o o 3100( o,CUop 5~uttti t?1a1nsG(~etria=Caop ~o`utl~~ve~~~xtz`iaetf;a Capp S rAn er Elec 9e Coo p~orpiufs'al'tyJeotr'ia Cook l`A rlc~r V.60 to Coop 'prl-Caurity ~1e~tr°a Cabp ~ f .10 _ i i i i 4 E. - j~ i ! IE e I F 1 ~ f~ t Y sue. W !W Y#4 } d- ti I 14 ~ Y i { t~~SE f !1 1 j4 Ui ~4i~}F' ~ 4 Sl. ' E t~ ~F II t ' i ( s F:. j y 4 t l III 7 . F • f, f NC3IiVRINC, LLC j ' '~rov s N.. ea = P~i~tiner - ~'~•~tcgt4U~. ~ Control i r0, Pay 1-0j, . C~r~r rltr , ~tkrr Y, 97 S1 0 11 ~ritatf z Irtr~r~lEh~7',c•G'~cr~~~~oj~; If tear 164 1 i inoei i ~ 109,48: A&M Uni- slty; JX9a -,r Tur u -sit d. iver 'y i ' ' # o1 e t s: License . $7007 8 92 Safe _ ew vx~on iaOn" 1- 4. M- `c~a A Mel~yo~ienos j °stcrl Protehc~a Cofrnee Caop.`Pei'.strn~3itttni - r ii~~it~gr~t~d Salt+tic~ns: ~oiti~~Kence SQut ng eer UG bi* baion Work---shop A NC'oni3laJ'' - f • ~u~stafion~;. • T~arFo Ziiyo t: a n 1: m terlal pcci Oto!i for-me ±sut~ iAt. Qj i e~orinkails1lSSiin, S_tifafioti and dtriltiutian rciayii deri and cipidCt Y . ar ~ai~tittsnt speelfto ti iiiaiudih - powor tratufam'crs; high voltage s~ foj*w; tehgo (indo:or afid' oatdoor) ter vzIl ge sa~vl _ otastru l on ti0o c t pxepa do t t~el rti i~' biiStrUGtzail apeeit"teAticzr a4r-o~ t ®r,; - . ` y CS~~111fL~10~ ailCi 5~1~~K~3Sf.S~11 ; • t~clrtort~' 1'in~I- eh~clGt~r~t ~ti~, comtni~aning ~ - Ik - 7'er~orri~:~otri~lete tlesfgn arttl spei~i~cation.~or all aspects c~~~ysterti pf~7tcctfor~ ~ `Ws coti~ial te,s tiG9 v~ririitg and oo wrnctien oraw q's, W N oftnatorl 1, cablrog xegtrfreeuts' - • e t~Qr ';sy tem fa ill o x~l as cnst►~ es: d rayidekp~atc tons t s i Farm lo Dis i tixc~ng otdin 46AS idly rteltid.ingseatfonal3 ft~g.stttd` s elavlco * Const btipn work plat databaoepreparat ott 3 • A s t ' teseqt= ubstot on acid rote t otl.dol eri fm6t ?attn t t S S En~fneexrng7 ~`t=.G • 19 . tt st w. ttb tattort d;pt teo on•desi rt- fig ex, W-Itty , ,Inc., I0 to 1 9 Ivy wr, I3T c tbustsr M isia, Denvot,'Ct to tf i • 3 td 1994e3f ei~tlycd a 1991 to= r dua6o T~4 It'ipg Ass tat t:. feetri . ngi~ per ng:i pt:,. ' rdue »iver~ity i • Wt:11s ttt?st~tib = Git ofT~etiton, T )t raiectlart i r of ltt c git on 138 kV nog:bw QW 1 -v `WiWN i Otio;tw ltV lin t tlwnals vm 'remote encls,;t p 16;$ VA 1: F~9 V ntrfdtra r~~ O)T f e 1 .1 . dW buAlorl: ftaRsfotmcr~ ~ d $ - s o f ds~ it h' I ap#'ctne lteci.S i `311 rtcx tWo 518, 4 relays, E1 2030`3 ' on mitnicatlong pxncomom Willy tote rrafocf diet t0 for llne p ott., bWs ` fails ofmor pfroteet an and ` eder protec f"art. Spetticr $wlte ?y d (G' ty off' l~ to T~)'r ta# otion :for btio ating itant sWt oh yard W-101 two-69V V b ''s three 691~V lute termrt~.als: with t~~fe ends, ottc 15 Ar c paattt?i at k; tripl: me t d ` 11 (3~tot rt .[)2; 2$-7 Qy ;SRS. ~0 'Q caauetur feattb a ~ e ssor::' Cully If tog'Imted Ildhomo for.. Im pxot$oiion, bus di feremt~ f calsatr~toxpxoteetiort. Saukvll a d s ~i vhsttitl~ari.(ATC,;fat~trtexly Wl~'l'C(~)i protect ~iti forloo3 00f~:f30 M t , .45Y $ V A t4 I1. iITI::x 4 pos tx n 45W, A. bus with two X45 Wilk, trmiIs, sic$ -rsca.twe3$1 4 ~3txsc~rnr vithbroat protetgrt,tev A-8 kV 3tr .t$xir,in ls:wit :xemote 0,04s I plomo rt OAABB 3 rela ys,' EL X2.1:; 5.0 cottzcos gxcce sort and. 2i,.54 , 3929T;.2Rv1rsx:r►iIfiple.S '20 rikW"& y iiita led sdkieirse: fQ iitie Moteetiori, frog=bt~s.prot citft l , bu& di; erelitlal, tx. nsfdrnaer proteotkpn witli•:cc iriplOte Illn6 tmpdd nC& d4lcUlattoi ati~I: fattft stu n i • urrt . ubstatian S ttl~ l: tts f~ct~°lo ooper i.Nle) : 0/40150 W. I 1 -691 V tpi ansf'etanex with cltet? witchor protectfor~, two 69 Wlutes and,69 kV b s ret ct on, I~mpfe metttcd AFL 1 f C, 15-51 3V t eLgyN with -01- 2030 coxt~trin io~ttQ~as. ptoec soi 'ally tat gr t d sc e e twecn t is sand ItrtA ec IvIth- S IADA: - - I i 23Q`~k t~ • WAdgwartl Substation (q ty of 1,Z bboc~le, X} &01801100 MBA, 47. k' bieakbr pt tect4o.n. T'wb I. f2 130 MVO, 67x=l'l 112, kV autotr or t '30 t nsfc~ ar ,.wlt#~ Ut66k- ,pr. tccd ~ , slx. d stri utlan clxc It swl hgcax vrl h m. n t c Mt- 01 ~a rte 0nty; 17Iip1emente-d-lw!L 9300 ~F,05 4, 551, 5$s1 X21, ~~911 xc~loys 4i# f 9 W } jtS- ' ,r_Lb34 cc mmu ?lc tuns pr€~.ee sc rs, Folly lcg~at d s he ' e: fnr 1tpe rote tlon, rrn 'b s pr tertian, tr r~5l~oxn ex prt~teetion and feedb~ Pt'atboti6n- + Ersk n ~$.ObOf f oll ( 0, th V1~.1ns LI cttxa ao ei ttve}i Two liat ll° 111/16/24 MVA. X 1.5. : ~T 1 t msf or bto w~tl ofmAit-swltcltcr protectian, six; distdbut on ciicuits- with tl i e t d 1, 51a 5 1, 50 relays with ALL 20-0 comiAnicatio s. moosvor, dully ittc ralecl olt ri c bbtmoo rblays and infoxf eo with SCAM. 1 II i I i is I i I I I I E - j -211 IN 0., S e: Ow '~4 L`j, 41 o 0o - - _ ~ 5~~~ O A,AI~E~~~ l3_~1~ ~(~IINII l tltric~nineeziz 1.97 4w 0WW O WN, E fttp, ofTexas: Lioenw 47.13 ~ SWO o Ar f oeas-u A 1.4:295 Sf~fe of~C~lc~ahazx~ >~'~etiso ~1r254~' Stafe e : ai s - Ties- 1.1342 .Staff-o -Cc~1o -ado License -37398 1 P1 L ENC , AGMI. g. m 1C V+'a1ir~ h~ Iel~` e1~oo1COMI Spr16 'Fla, o `r rzs vz n r r T arq affa l t1iverAfy -M1lwaukdo,; ''W1 s. Pawe . z ns ' z ezz~izna' I ' arquelte- tl easityT lv~rau 8 ,his, } Mc Gr:a dl of ste Pr #e. txowCoume-~. ar l o, Tms.' Tran~missioza u auf ozl DDas aild er f of 5.yt ipo luni - Ar.13ri Pori, , Toixds AW Relay Confoxence - Col ave Station, Texas t ThQm$A BOO.. Stec TIOIe post somillaz ".House p.,, Tpxps. E Advanced'Power Quality- Seminar- R.,O Associatos, Lubbock,. Texas te~z rzlha nerl Elects abbn&x fiexas ~e~tc;►gtie,atett7a 1A ..zl;. Wexth;`xas i i i ~OVV EIE (iTt. I $ ,re egm leis-taieer 66"A sttbstztlt n design en heel with a ooWltiq eti$lneodng lha in. l '7 xl? ian ltilc tl ije l to=irtciu a trWS ls ion: dpsien, 4str Wfian de l n_, s tell s 1 %1. all=sects 4.3revntlv,:lke is. tlae lvtatlaging'l'artoi o.GS Engneetfttg gid also the I69tation Dopaltmet%t.mmag tlm Wlans: L~ghteetfed o~c-iVtOftuW aii6m 'l'ate engineef Mg~equiretnents gerieir'Ilyiftdude i s . al catlor~s for all gnat@1t I att~l ~Ohstrwtlonl laybut tles~g~,:~[1d ~el~y p~oteetlct~t del t~h,. Tr-09104,sfeW:HAs.4 el~a t_4 doslg :datas for transMIssim project aitd doge dos gi -iY -A:o i t i t t aclur'ecl rte t e oWuh:oticrete). 14~ has als'a deg geed :strw,totlire onf gaOwl,&s foi ~i4~~l.poles; lsixi'bt Ai t T-Twdono distrtbutlt~ cng neeri g d s1gia:aindbas_perforfood s eewl.st au e ~~sign_'f~;r~. esl'~f~i~eti~i~stall~t~o~ ~t ~hed~ttihtitlai~ s~ttrx, Eonstirtrtfn:'4!Vrns.Has'tredTMete eenstxutQ Mork pUina rig;R nge jl ~ insc i6 tiles' f e~la lcal support for.ptepre atiot of :ottg ] ai ge: plain, j ellonallxl~rg to ie t l ~}s: rep red sic. tionahzl g str dies _Q cotnp eta cv l oka#tv syst m . `l his i~,Olgdoo w M46n devise s t gs :for transformer prato'atlo soil dlstrilaution lane devioo ea°ardbidtiw. Vex-i f-anlt:oq_lo lat isitz 04d existing equipmelltsett tags. e s. l : l s Deuelpped gW)ysis leased o?i avaslo,'Ro data to rid cc ic?sses riutllit ` 4ystc ns• Ahalyzo ca tc~ pl ci tt#~, eo ltaetor l adingf stt ca d otoV size to pr vide ecan ttil ally. ~tt~ti~~hle j'e>roz~mei~atliwin~: tto fi~~' ilabl~_out~gt recokd; an4lyzed systems re114Wl ty. ad~ 3n ~cr atl for r p u0itnettt- ~relr as. impf. i ing, eear keaplti d s eeMO ' r teed e - 'd~~tee Setting; cbatig~s; Ik i a v _44toi, littpr6w iota: Vre fared e ac tot'.plaeani ~ t az~dasl e teearntne atio s ?t peer fa to titlptovetnent :~1 {gir lie locatl~ri_s end wolTip i of s~tltahecl `e pacitot banks, for errs. c~lzetit d. lg Od a. mi?tI e c ga It r 6a ineltr itng tkre l rote ttoti ygte n .to irivid K VAR at t~,o ~ol.~aes a~~ltWo x~~giiit~d~as, r~q~red. l' *klr : Analyzed metonng ; t~€u gainertts to .deEexn : e 4ppl cab , y + s tecte l me ers. r 1• i OR $ stem 'rat :et~ott ?ro icl c desfgn~s reaamtttondatiaris far tra is"' i n Retaygig equfptnent used In suc Ew,~y yaieludr~gadlal attd-loa ecl Cot[guxaoits. Zia t an i11dud& eleo~rc~~irie~ha~tieal~ soli 'stato- 4hd Motop&oC.essor based. The i roteetia s, ra lada V r ut tent dtst god Cai trrt is baits su.ol ,os eta and Pilot :SMOMOOJ a It tstetns rxttoplo M1i;xori; Assistedllltti`S iti toeattt~g lat~rronl4s sott'res grid tteigrlt ttfttlay tryeai- uIfltlIt deld( 65 riaus: effts. AOid* loo tigAtio :Gat ere :d; to a(upident sitefol attain-eys m'd urmw, cor~_pAnio. pert 1tftloss: Appeated~J'fl cox rt as,fit otcpert r itii ss its suit against zftillty; C d 1C 1 it t b it tto tl rtely gov t C ytitex t t ti its aFt t t tip a1111,004cal -1`0 ety Code a f l Iat iSn l I t Eia Q : 8~me!of tie sdljeCts dealt with itr lu rCtjl ad Cal?aC t. aefa s; . elaaz`~n~es, goridutt, aid ~roiadln~, ~ SCADA LaaidAbilagottt itt; RoVeloped speolf catiosts for CADA syste. ills, j St_ Q is 3 e 1V1ag~-azst: at .Eiaiixinti1.C. ee, 1 apt t Au t eb i pid gsst rial ongmep I•aspoc"$ b lo fa : 11 ell ~t eritrg in the JLX 99 L lobo "M e of 1; Vit er. c..e .f te$xdottt atad: ClOiO, LWbeek l) ivlslon. Qf cyl4 W". ter, .1 ,lanarv t~7t~naprol'essl~ eur~neC x~azible. F,l eng~,;cing:in t til bbzk of .a of X09'-Z 1tt :!"TrOL shire d . aS w ttoi~ IAA. SO9[i4t~° SaA ~ ,,1 (u11 r r rl' m1# lnc:} 'l s4ricr of Assa~iOO blo, Ja i ' , , 9$S ta_Ja u' f 0; l dr S ota l 0t jn er,rdpan~lble f6r' L bataU, oil ,d,5igr`.t for a 19$ to t #tti r 9 8 Ppogsgoam ongtn er res t rasible fob sub0a~ , pfonn grand atlot. W41fdi'`RR ~ta~~ ~~t~~rt~orlttg Ca., ~ttej o " 1, 2 : ro ssx¢n4.t eu&i= working can substation :design :undo sec~ionMiZ ng j Y~ ite ~9~1 i s M'tt 1 (l duate.e)ftg net working on substation design anO se0flo.06MA09 for Cs Iglad?itteexit C.ajnc. } i I iVf v ~i nst ttite f't00ti°IcaUmid iatron ~ gillee~rs I mbcr .t i Sbcfety; Px 4.oionu g e r P} ~er~acey:-~c?tso ngineers I ! 11 efrit etit "t1~ PjaIN G pt r df" PE Q ASS:; (t'vivl" i past m6tli - 641V . tal airall Swith PI l Ch~ptet of `TSPE ~ i Rest mi-m •F Gb _G c R , ry Cli t ~?~tc~ Ord `IyJnbea =.ti?l`pvtary Club I Pt ~~`rd ~e~IIie COuny:lu t , , 1 t> s3 M t h ~ z ;o t~ es :I46t alt ited Method C I c Lti ab"t - k t . ~t1 o rc1 ~~xtt v~resk tt s i,e~tgtte gsO ll' 4, As Cmu 41 r~ Ttilt may o Lubb©ok Cain ? h ;b i I I - - II I ' I I { . I _ { i Imo. 1 E f k E F _ T K, Roy D• Psytil , PX-b Pot tr►pr `4~!1 S!I(rr-iS`t~~ez - ~1,414itkt,A-Ims 794.04 ~tktl *yne ftsetig,.eotrt= Ae, 13 f B' Ci viltee11 'i gas Tw1i Unrvars~tYs Col teg -'bf Eriginetrsrigrgilst l 992. 13 e1telor' d Aroh.4d'(:u ~ ' etas TeGh Ut> veystty; cdolp treh t tore . A us# . S, toNA 878Z - July- 20,00 Stt Orr 1V1,e,i~ W 14' ♦"ta#~ of`Pexas $ 66vTay 1.9$ rta : 23430- .)ttly 200$. S#ate.f°QItor , W #ate t f'.Ar zo #S 1199 Juti 2010 ~ r~PADLICTY1'ETNC P ♦ c~ 'c~ ineSyStc;rjiti: fnol sipSoftt'Jar~ r initi I+ adi tin, 1 sconsrrr l of r 1i df is otisirl I ;rsigi. Qf' TAO I IISSio.n lai>tro Stw a and. o tt ? s ! 'T~r ~,<sm'~ssion 17e i i & O i xat ott yrnpos AA #Arr, ` x~~_ -B "r kcrlrr as & :©tf o a, s e al ID st it Serf na> ili fhhoao()h$,1VIimesOt 4 86kkia Corp. O #rrr«It e C D' 'ralriir#g S&hool w Overland, Park, Kansas 4 Nap.aratron f6t."P, Ao;-,a 's hd `praotiee .11xam~naf art !P~cuce inlase g' tt~saa~ssiotsstt ita?es~n r~vIv:~~ pw > ttt too o ar i 4'6~ '1aww1 P,.iqgtdo goo~tati~es' gtittr , t e#ure ~i1>i n 1~%Il ce Ioneo SUrWylog ♦ Void, ai er to and SWI Sttuctttx T~t~s1$i D`ew vData corholatio", i ! ~~ee~f~ati~n Assesxrbty Qor>t udtDoeuuxen#,Assorrrl ly ( elud s 13id°Opet lr ~ :C~o~e Out Oon#r~ot~ ♦ tvat1sting:and,Ass~rialy ' ~ ♦ ~~~~aet~or'i o~ pu er x errlo-p (Auto A ' ,-MI~rq.'~t~t~un, t Oo? ' #tr ern, W d,. n p ua~ PI QtiJss nj: _ - i i NC4NMtO~ 1N0, LL Pif then ~?3;nt4~ti4t~1 ~ C~~tt'nl E~tg~neei' 5~~~ Prrrrtb~rr~.~s~?t1~ j 73oer~z TX 7800d ~ 7:4944 rlrklT t' gbrt~:~er~~ c'diti _ i it~g ,8.6w. 3s a ele cttci l ct~ 010r~ittt ¢4periencv. io l1tQtectnte91ati4n; ao~i sa~n d~sl n tl aiptit~it:p~l tulwrd>5rlrzg-?r€iciu~ dasg ; sota.iivynfo~nelyt;, am tsy erlt daign, - 73 9AIM. ri s ``III` iO rang, f Itcsrsiiy ofI AO, 1:98' rfnin oampl`te des-►tclssc4ffivttlioa fo► X11 tis#iec,ts o:ystatt;lnt#ioxi _I?rAvda-witiplide Whefdik. ' mldjig A ni e h tPiietr`tri .~iriitivli s; dills ~.f at ris ; ab i#~g J, gaieiii~'Ont - * ~'e~1'ni`tai'~yat~;r~-#'~~t1tl~~~rd~~#~I~t~ ~t.t►~(es~~.~d~~rovf~~:~~'o~~~t~b~ s~~~~s ' ~~ent ~rc~~;ots i ~ ~'nt~Ctr'cin Rtdcc~~f~o1~~a~eka,~o~cFr ~ 4 feeder; drs#~'i~il#ioft~titf`~ti~~~ttti~ flay sot tsi,id pr4fn'i~rev~ oid Farmsvr LAG carttxxc~els~p agl tipgr~d d o~tl~ntt t 01,6m g for i'eedai t 1i Held d sc btu#t~F : u sfatl ~ l~ ttlQ,a b"016,404 c m iss trig 3 t g~, wv~t s s s; a 1q.1tor bank onntt l cat.d ad sii<~stii#ian Pipleoiooll-endoopfral ds6ga-for: 3: ftansfbmar,122 fe der.250l36kV distrib-uEioti sub#at on: lwtilna~ Gt;e f¢r~ d l re pt it oF1005 , and talpe .opau_ ;s cgnd office in 8ocrne,1 X. He has- P04brnied . i - ti'orictc~~' ndastrr l P1409, dashll ss ltil#tes:a►td I~11.1i71C11} 1tI~SE HN. ser does i WW& } Cordltt~ufd_les, pratectvt setle f►ttd proteeti0nrelay. S~,ttings, rrf#gitton dein oQ nntiis t it►Inpuppor#. i 3 1 I i I + w1,d Fatrn S~1b tatioxl e4jogs and Coordination I .0 Wind Fa,'rui Iittesiati? aiud I esi ~i • i~Qtedt oia 00 fc~ -a 611.1~.~rjnoty I i tslb it o Station r; n i : bid o m C t u4 or Cetttt~ I D. sigh 0014~omont and Cornm s*ving ' ~ ~ir~ttu,atr4lt of lv~i~l~i~allly i~~~~o~'~~c~ssor•l~o[a~~.Pl~lad~~ . P~oteeti rll Cams l3s tanittg of3? Sf3 ar~d 230/3 .5 St`NI#lti i s Hweatz t` 1 sneer t ¢ +nbn akot Ies; thcs. I'i tlmmlil '[~Vtt It WOW ~?reg joYned ~t~L:as a I'~~t ~~~i~te~~' tv~t~~otitat~ t1~e ~t`o~iti~ ~~otlu~~iort ~~`niiot opt`a~os~~rt~(€~~~`~~d ~e~l~fluril~atiotls~~guip~`enf 11b ~.k}'tCt1ISi1111S~.£1vC,11e detged atfiQa1t•ienllyi}11d~rl''1~ ~3.Q1 fQl E1?1Ct Q'I t',Ot¢tGO~Isy$ 40111jTtE11~6f311S prQt85~11's~ and. (iC8530fy;(3YOduots1`t14$Ig1ts leterfaee the tort. equipment to tho' let` mnd1 b1b4l of fhok elay, tltiteuglt a swttcli lnaid~ii1d t ntg probos, auto t aticay pP$ly'tdst s gtiCLI" td feed thqdla rOPott$e with. SUL. MC-11 and FOOMetdtt 1n~s?sRg~es, Rgasst~0 to:prttdut t.de"V610polt t asoftwitt'e eitgilteor, Greg dovelopoLd. robed led w,fhviro for -Okotr10`31 q~ jil ptoteotidn iptWt =i.nol lding 551,.351, 35I.-R, 3519>: 5 J '351 3 & C5`1 . re al o r Qllaged d vetbpttt~i pr let t s (tte1114014dod teaikjs cQt~ p4s t# 4t sqftWat , ltai li a' , ri* R tiro l1. rood power, ~n ttlBei's...E~t~~R4 clutEes indluded oreotin prdduok requiieiiiertt9, test litany, and. - a hp-0 ree0oit mat oak., _ e_tnc ltox Able a n it ntd ded de lgpl g re ~ose1 c~titrols to Wfortaue with :1ec4~lo11$r, nn iltilgp= Botute €It reclseks, and devepiltg"entbedd.1grJtlislws i&d :fer e is te, It gl -lntfte dlt'Qet, td u t and d.di ctl ~tal elements t the 35`1 relays 7 `2bD2,11~11toved to a Feld of ae 4s.ah AP 11cji_~z3gias~Ptd$ oh~jbje fib :ii~i~a o-Autod AM long.. fis,dn~btllttettdlr decl= at►s►vC~j teu11rf1oaltl'est~oasinaX--tlaS~s=end ~ntr tl~si onp~~en1~ `ra~tdlnet~soet trnlt~tg crt,ag "g'oc o~ cite lvlduth''ieeljnloiil catl~ses; and givng'tee~~~~taal xc5antatiaii at ~l~:tddl ,ea[ se ti tot s lnal ded utiJ tsilri°dt~srfdl 010t & d slfll ttloit himos,-.rseus ,0,6 S, tied t:urtidiatlties; "~~~ke lYia~tpt`~et~lri~g, I,I iLVer ett WA~mt$ 411:3 X • 1 area wvas.a Est e glrieer 1ta tote e xe ,Too .t✓ktYfs wat 1C'1 uke Tf11's 1ou :was respwl ihta C71 the: es~ ~t tid field:. ncter4 n fi#,4 Gisfect Ma: Imfoattirltig'And•tdSt.s~tste 's rO,4''cii ed.ta bill the 1101 do iptted tl1e.tot'systema or call. r ion :and fin l test of meters whiO. woroprodueed.at a;rato of up to 2QtlQper:dy. Ttiesystem 1ficrporatdd a catllralpattern t'ecognlt€oii.sstvnt to read tlfe 11404 ciystal di p( }4 ti =l i e> Pplyr~tig ai (1t 1 #irottx.te t stand rds< 14js sy~te~ Ej:sed pile~r~~tittos;atrd stel?perA otw to part4 Iuttptt:at?d lyotarX s~ritellos :on-Elio stdter. i it `earl ris; :A tfiv 5 em! toy blitpat:pr~s4ntatlons.ntt a techn eat;paper oa power system _ ~ proteCtiab.. j ' At'tili~tt aF ~ ~:~nr~~r=o~tta li~st~ttite,;at'1~lactriealIeet~oiic.l~tlglli~e~ I - j i F 4 _ I ; i Partner ,~~li~~~t p7~~~tzl►~~ ~`ti~lii~~r I iibk-140. 794041 - (~0b~ X93 rf~~~' j ~?d1t1. 1`1,~ rrsi~ttllr~ti~s;~~'~tt ~iir A C~~ A QA evi iviox q6 5 M0 }.tttYct`~'Y i vlc~ off' c ettta d grey ~t Ble lc al ttgi#t t3tt Ixi WIltot ,bt1tcradust~~l`VEti~ honors 182 , Iaw Mexico to e Uaifi~ersity Mw "8016 g ic~~n~edPrgfe~sfotx~E ~t~i ire f Slat of Argun $ tat]r dfC iIfof' 4:-1411 1735 Stag of N yr WOO- 10006 State=ofToxas = 3 1'51 I'hy~]ca~l ~eie~,aa,L~t~~a af~z~~:t►11~~U;1Y~aittahl! ~ii~altel~ i~SO tuci$nttii .c ~tal#on- rid t ainlet3a~tes d£cv'm titer bas , skt the tr4rkij3 e~i~ment~'flt►d otid~`n#~o~:of c~r~mttneutiQtts ar~~i~~tte~ita. ' ~:I ysi l t 41u 'ot` fa s. axe t t~ e, A A :978 w 1979 Sukdoo( ixa oporptlOat t~'ds~l ittCQ~:tAt1 a Qf- of Nita rflakin equips' at And; ortin c~ ~oirtmiztEc~tlot ecEt►i,tent 'Sff.aie=.tfb~ lYrSEaus,.a3 I7' _jy'18 $tIld.0flo of ezrzttidrt Aha-mid atenanca afis td[lft trackti~g i izri ht td ~~trmnl~r!tt~nfEC~t?5 ~4i~~la~~ut ' I • - i "PRO' ESSION "Pro csl~orrW fnS 1 rt rY erfrTg, L ut?boc r6xa 200 Presew. 'I'lt Lt~ t k l; a►tal of t f'o ted ts. kt caMpAtW iti AMY tt t of l?~ , I i l j it ird~ pt arativ a s d o , as tttd`►c } ere_ fol16QIt Z Svtidoll tes and - Eztrl~otwr►s, wow irrs#ri lQ 1~Q +k=}?lens 1 Sttoatt Tc tt l .10)i lttg Sf is tc Qv r kii a5t 24 n 94 work;plaaris' for Q,000 a~lves:and cl.ian#a in A izona, yam I'hayv tfWe<~i Goo Kifot'ia COrh4e, N4v%Clea,r~el'exa: I have:isd:mulpl$i$ributlon a t ~ ' zc Afl: $ b t fioo' ly t#se theA fs6k-w-h d iiil-Omduct for an~ly I& e~ettatrftsg,tttll. Qv.z4ctt;etErrd"Cttnifucfes:Ovar "the- p4a 24 e rs l l~ ti c~ r14 a 4u 24 prot4ctf66 ~WdiesTbrtoo " er4t'- s>nnd elienfs in f i ~li~, G 11 ~ a, olora o,:Ne v Nicxicojexan And Uuth. I leave used. niulikPIe fault ~r~i lysfs ro ra s baptimarily use tiie Mllsoft Windmill and, Igltttbl prt~~lttefs ftir analysis. T.fte 010 otli cQtrtaryeitat~ged kite tait3o of`ll aP #s firms-t#z TT~C. put~;os t~el do o. p re ac trod ctYsf t f tes. THas sl~tdles vane do#tn follow-01%,gus oidQl~~tas end ONO* Cii &0 0 VVO'Ck-PI'A17_S 1;~~9 Scotian t r ng tA W. ~ VOt'citlr~ ~~t ~'~c}vet o I a tc at.l figingea SOS w Ia4l.ttes ttofud~ a~rrraf4Plt o .st idles, The e tutlles ivar¢ dot# -follatvir~g IlUS - giiideltnes find ltill~El~is. ~utrsteTnetion 't~ork.lPIans l~hvrE T~rm:l'~an~itp:~t~rdiis: 'i Se eElonlllzilt; S:tttdieslrereurr~iEEi'atectfd St°u its Late Itau~crYa~s , r. MIchaal:Smith M 2 i i I I x ~Q i s~s~llil 1 11 Q `r SSI A I~iQI' f~CO1' 7(li'i3~~pY1 ft l[ 1i$ 1tP9 df.&0 i A~lu 7i ~iYea'quo". v99lon ! °t< ; rte thll tt l; ,.Help McXleo; 19,95 -.2Oq 3 i s 1,81 ho suaces0r l rya l(n RobQrt ~i t r ~4 Assocbtgs, MO. , Mildi was tt riaxed! by:the mergerw[tt SCS°,sbbttstbbcJ,.'na:t_iuc~tud ptuutto,ud~s.. t o t d t 1 Iii (`JS I9,AJbl n-es bd eta tudn,$ Plan-wig' tud,i. : I ~otistt'it~t~~►~a ~1~~s~ ~ Sliutt T~aai# kTRtlitiug ~ttttligs it $0,0l;6014itio to 1~§ ova u r to 1 mtemr : it ine s; anug t'bv h1 AIboquor tt r I}ivls on. u ldai i giu e~, 3i ~if~~ 4 tV anu or, acid Nleir 2~~r a F.pi ~►~Ala~ctot's 1ZQJ11erf N'rlTe & 3'tr l ~ , ~ Inc 7;-11 iuquer(i k iVew Afexlco.1 '93 1944 Gani~tt ~~c#~~~t_~Y~~`l~r ~?ltng l S1.tpt'~-T.~~ln Platt~la~ag~Stu~ie~~- I, wect4atf{Iug#.tctf~,s`~iiirr~aa#ructotl~les. j07 l g t t + too 2v~ana~en~nt alb ~3usin~~~ 1~f~'ice_ ~ i errwive-wo-was In - ~u►7f w Aft lop 19f32. putlos ooluded sofhYn~o~jcqi~zonts on a pa-pa#taw analysis #o 411ow use-4 voltap e talatois aiid d fad t'rAnsf it ers; levi lt?13zr1ea ON saftwoEe, pab wgo to eat. tilMO. I °fatxit=onrrart~: - s a Citagtttl:e~r Q1 tlt 'flat }yard Now M doq S~ei ` o 'PiA sstotia En~i rs ltec~ r iit t`a Ite ar h sslsnotilalp:w Ulaot de.'tltilit ivlattageni ti iraua ~v ~t~s~ie~ =l;(ate .Ux~Y~~ity i s Ac demic S~laataisl~x -New Me iao t to iJnicr fsit~ i i # 11n st f' 'Itesas : `Vblt gB:RogoIAtldttaod 81f4i -cIv aitAi alysis,OfA 4d1 al 17slributlof~ Sy~t~na°' t; L)igineera`ng gystqiil-Userl~~ tide for CPs.aooA utor oogifl,-Oodh ptograllis whasl'Smith -I - i i - j I L I P. 0V EN ;ON A `PILJA i i lri ttt~ to : r i= i. ri [ t nic ogin rs P13B) Nrt~lie of'i~anr,nin~rs (NS P) . ? 'eo ess pn [ Tn I tee~~ ~n lax ivatt~'1?racf eo (N~l?i ! P) P~~ ot.Iiiteglonal.iceMchair 1.997 199 - ~I$W M~ta~► ~tAl@ ~lt~~rt~r ..P~stSl~te Cliairfa~a~ - ~olinlarsh~r.:Gotttt'nlft~e. Alugtirtue:Ctptr v .T'ast ~t~sid~t~t - Pa~t Prest lvnttlect Post vice'President Past, Treasurer ..Past gcaretary i Past Stag Director = fast C~lahter Cf~irman~ ~~lio}a~sh~~ Ci~irint~~~c I t i i I I mith Mimcaof,8- -4- I- . l i - S-1--lo MI.1V;EEIr[3., LL. - I t Vc Loan O.Te sowt. . it D ko AOl4yjg9 ~~t~'statlun`Daps~~~enE ; . le btl nit ring r'Toxas fa h V ears by 20 ' 3 ` vi car A Maj. fi t a'`a: T~eits # 96$96- 2-414 : CoQper I'nW'er-Sstxs tltriitiot:rotfiait Syst~.ga Quki~aant:Fotct:n Workshop Bzmis`~i;.Al assr~tix~ Ttl~~in~ s) Ft, Wati, T ~~OWe~V~nl~ S~~bs, ~t~c w ~►ndar~~~~ts Qf~Powgx systam P~ote~4~on . 1 ~ o a~ 8 g L~ti , hid -52 nee (2009) f,' „ , a t 'ine rlo -Lab jn~, . -A-14 J4.4 `4 TOh~It ''IC 1 ~ I i r= I I mm -b ~ u I -PIRRIt, -NC ohop`~~ 14yout doll at~z'. ec~rftc trot ` 6r X4111i;a ttl gh voltage t s . onsfrti do ~ tent ax t t~it'irtcl td ttg otfstro .0 s 1 t ous; pig? e t P.ex£by6tll al A04da hw mwolfs o'I tag v tf3~1 tC~ 7t 1 X1 8 . 1 1 ` Q :GgllaI ltl 7 ~gi pMMSM A5 . KAJDA RTU • 1'l~~~iitg afct? t`eomeildati anclsOdd taus - QO re t t, Pabievati 1 ~`ub-§tatloti b." ri n Cn er X 0.8 Bngi4oodt g,. 0 t~ A u tT 007 .004ti~t3; Design Eng. ar,• SC S t C t i, I t Lubboc~ xas E; - 1 j I Lonnie `oat 2 i into'N61: am:a:tt, PA 4, S~t~statia~D~p~rtrr~e~tt: ;t~~tl ~r,)~~t~`ayirrll~sg~~►Y~ ra~~r . ae for o.f.> cie>. = ff-I eOcal i~~eeiing; :1;97U 17ri v sit 'Mss viii ear►s~~.~~ro,~asiox~~ ~~~ite~ 06 Q~ s6-0 Y ' r ~t . or Cetirso - Aimar ()a, TOO, r 'T'aMsmisston 909 tion si . and O~ftat on Sympasrum Adthgto;4eJas A vaxt ed pave r Q ' t i ar RA Assaey tas; :Obao , Toxa m trr~ttg 'w nexxl eatrtc r-I bboek, Texas ,tPlu~Nc VRAU For ov. o 4~ yearn I have a t4v.. Iv i i mist eOt~ df the tiecti~%o~ uttl l lrI~Ius~z~ I ~a~a teneor~a~.` thtttevekops cl.rd det,~~ sapr+s~d ~orsttto, d estbish~d Mai t stt~rici zls-fpr h gh; tt~ih r Net Vita ex} e i c i alude~ 699 ti ns ntss=; a stations, Nfy clt6utvxtYst►nspc;t0tt `.7ncA j 'NG XC; Al' R 11; R.- F11 - E lvod ih the axpa sfo-n 1140mlon4 and ITIV s t u is. riit #h Bast 24 years, I hhw been f ul? jade i5 e t0 uW41on~ Those S*stations elglbyed" laettQ06, 0040,,01'x, rrt 'W i,1ci wilt ay t a t t$ ra e l i c b s. :s at .q1 psigo, 5 i i I • I i nnsttli lpl t_Do~1$'t1e agdl dovolope mainrtance:for OX- f~ nsnii sjon systems that greatly ~ lpta~e~:tlts to~rabtl~tY and: ifo Al`.tt~,o t~atistnission line. ~ st~tll~ulit~ Thiss:thoet bfm Mast siitil"tount eeriiiee ~J fartllar°ritli both veil ea =u d r ro d: fist t uflo wqi.~; ons(rt-ettoft wok Far . hav sttemsdally ebietod sev r l v rl la s T amEl valy d l pirld:pl t~ r. ss alt"or e td be; alb to d6vd5 a compf0 iet sivO tend otr 6te pii 4-10 L ~ t ga l rt f.i's In yed ►.whordeoiklon~malrrdglsto. s of l F mil taste . 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I;i i 4..9 IC , i F P IYtP 1 mss.. f tlq , k ~ rT f 2 ty 77 s I~ ~ ~ -F - rF l "r t 1C y I AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams at 349-8487 A~T ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting proposals and awarding a three year contract for the Installation of Underground Electric Service for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFP 4676-Underground Service Installation awarded to Willbros T & D Services, LLC in the estimated three year amount of $2,909,012). The Public Utilities Board recommends approval (5-0). RFP INFORMATION Contractors have been utilized for the installation of underground utilities since February 2000. This service was originally contracted out to accommodate the rapid rate of growth in Denton and the City's desire to install underground facilities in all new subdivisions and in locations that make economic sense. Contracts have been re-solicited in compliance with state law and to update and modify the current three-year old agreement (Bid 43973). RFP 44676 consists of the labor, equipment, tools, and supervision, and will cover all administrative and insurance costs incurred by the contractor necessary to complete installations of electric service facilities under the direction of Denton Municipal Electric (DME) staff. DME will provide all permanent electric materials installed by the contractor. Anticipated work will be performed for underground constriction in residential subdivisions, commercial and industrial developments, exit feeders for new substations, and overhead conversion projects. This agreement will not guarantee any minimum amounts of constriction and will be used on an as needed basis as selected by DME. Proposals were solicited utilizing the following criteria to evaluate the best value: 1. Experience working with an Electric Utility 30% 2. Safety and Accident Records/Safety Training Program including 5% frequency of Safety meetings/Safety Manual 3. Price 50% 4. Certification of journeyman (Number of certified journeymen 10% in ratio to number of employees) 5. Number of crews accessible to DME at one time 5% Agenda Information Sheet July 19, 2011 Page 2 RFP INFORMATION (CONTINUED) A committee consisting of five representatives from Denton Municipal Electric's Constriction, Contract Coordination, Engineering, Operations and Maintenance Substation and Transmission Divisions evaluated the proposals. The team's approach was to find the most qualified contractor at a reasonable price to ensure the best value for the organization. The team's goal was to ensure the contractor had extensive experience working with an electric utility, had licensed journeymen and provided a safe work environment. The team ranked each firm attached as Exhibit 2. The lowest cost firm, Jeter III Rodeo, didn't provide the best value to the team. After the initial evaluation, the committee met individually with the top three evaluated contractors to allow discussions about the criteria and to make sure that each contractor understood what was required in each line item. Subsequently, staff asked the contractors to re- evaluate their proposals and give their Best and Final Offer (B.A.F.O.). Each contractor made changes and resubmitted a B.A.F.O, which lowered each contractor's overall price. The original and revised pricing are attached as Exhibit 1. The team reevaluated the proposals, and the contractors were ranked in the same order as the original evaluation (Exhibit 2). Through the B.A.F.O process, Willbros reduced their prices, providing an estimated $275,900 savings to the City over the contract term. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) At its July 11, 2011 meeting the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award to Willbros T & D Services, LLC in the estimated three year amount of $2,909,012. PRINCIPAL PLACE OF BUSINESS Willbros T & D Services Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This is a three year contract with the option to renew for two additional one year periods if agreed upon by both parties. Prices must remain firm for the entire contract, unless there is a Federal increase in the minimum wage rate. If the minimum wage is increased, then the contract may be increased proportionally. Agenda Information Sheet July 19, 2011 Page 3 FISCAL INFORMATION Individual projects will be funded from the Capital Improvement Project account designated for that project. 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U V O W X v U °ti' a H H ~ a w z un Exhibit 3 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 11, 2011 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, July 11, 2011 at 9:03 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Barbara Russell, Randy Robinson, Bill Grubbs, and John 11 Baines 12 13 Absent Excused: Vice Chair Bill Cheek and Phil Gallivan 14 15 Ex Officio Member: George Campbell, ACM Utilities 16 17 18 ITEMS FOR INDIVIDUAL CONSIDERATION: 19 20 2) Consider a recommendation of an approval of RFP and awarding a contract for purchase of 21 Underground Electric Service Installation for Denton Municipal Electric; providing for the 22 expenditure of funds therefore; and providing for an effective date (R-FP 44676-Three Year 23 Contract for Underground Service Installation awarded to Willbros T & D Services LLC in 24 the estimated amount of $2,909,011.85). 25 26 Board Member Baines asked for clarification on the estimated amount. Rowdy Patterson, 27 Distribution Superintendent, explained the price was the BAFO (best and final offer). 28 29 Board Member Baines motioned to approve item #2 with a second from Board Member 30 Grubbs. The vote was 5-0. 31 32 Adjourned at 9:49 A.M. ORDINANCE NO. AN ORDINANCE ACCEPTING PROPOSALS AND AWARDING A THREE YEAR CONTRACT FOR THE INSTALLATION OF UNDERGROUND ELECTRIC SERVICE FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFP 4676-UNDERGROUND SERVICE INSTALLATION AWARDED TO WILLBROS T & D SERVICES, LLC IN THE ESTIMATED THREE YEAR AMOUNT OF $2,909,012). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the installation of underground electric service in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 4676 Willbros T & D Services, LLC Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals 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 Proposal Invitations, Proposals, and related documents. SECTION 3 . Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the three year agreement for the installation of underground electric service to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: -()RD-RFP 4676 RFP # 4676 Date: May 5, 2011 Exhibit A Underground Service Installation Item Description Unit Est. Qty. WillBros T & D Services, LLC Best and Final Offer Principal Place of Business Fort Worth, TX D1 Trench with Trencher 6" Nvide by 30" deep Ft 25,000 $1.50 D2 Trench with Trencher 6" Nvide by 48" deep Ft 30,000 $1.61 D3 Trench with Trencher 6" Nv ide by 60" deep Ft 5,000 $2.00 D4 Trench with Backhoe 18" Nvide 48" deep Ft 150,000 $3.25 D5 Trench with Backhoe 18" Nvide 60" deep Ft 50,000 $3.80 D6 Trench with Backhoe 18" Nvide 72" deep Ft 30,000 $5.43 D7 Trench with Backhoe 18" Nvide 84" deep Ft 1,000 $6.68 D8 Trench with Backhoe 18" Nvide 96" deep Ft 1,000 $8.21 D9 Trench with Backhoe 24" Nvide 48" deep Ft 1,000 $5.46 D 10 Trench with Backhoe 24" Nvide 60" deep Ft 15,000 $6.29 Dl I Trench with Backhoe 24" Nvide 72" deep Ft 5,000 $7.16 D 12 Trench with Backhoe 24" Nvide 84" deep Ft 5,000 $8.81 D13 Trench with Backhoe 24" Nvide 96" deep Ft 1,000 $10.83 D14 Trench with Backhoe 36" Nvide 48" deep Ft 1,000 $8.19 D15 Trench with Backhoe 36" Nvide 60" deep Ft 1,000 $9.44 D16 Trench with Backhoe 36" Nvide 72" deep Ft 1,000 $10.74 D17 Trench with Backhoe 36" Nvide 84" deep Ft 1,000 $13.21 D18 Trench with Backhoe 36" Nvide 96" deep Ft 100 $16.24 D19 Special trencher for trenching in rock, 6" width Ft 2,000 $4.00 D20 Rock Adder, Backhoe 18" Width, Cutting & Jack Hammer Ft 100 $2.44 D21 Rock Adder, Backhoe 24" Width, Cutting & Jack Hammer Ft 100 $3.52 D22 Rock Adder, Backhoe 36" Width, Cutting & Jack Hammer Ft 100 $5.27 D23 Rock Adder, Backhoe 18" Width, Large Rock Quantity Ft 1,000 $2.93 D24 Rock Adder, Backhoe 24" Width, Large Rock Quantity Ft 500 $4.22 D25 Rock Adder, Backhoe 36" Width, Large Rock Quantity Ft 100 $6.32 D26 Hand Digging 12" x 30" deep or less Ft 1,000 $12.00 D27 Hand Digging 12" x 31" - 48" deep Ft 500 $16.80 D28 Concrete Backfill of Trench Excavated by Backhoe Cv 2,500 $20.00 D29 Concrete Backfill of 6" Trench Cv 200 $20.00 D30 Mechanical Tamping of Trench Excavated by Backhoe Ft 5,000 $0.80 D31 2" - 4" Thick Asphalt Saw Cut LF 500 $6.40 D32 1" - 6" Concrete Saw Cut LF 500 $7.29 D33 8"+ Thick Concrete Saw Cut LF 500 $13.00 D34 4"+ Asphalt and/or Concrete Saw Cut LF 500 $8.30 CT1 Conduit 1" PVC 117t 3,000 $0.58 RFP # 4676 Date: May 5, 2011 Exhibit A Underground Service Installation Item Description Unit Est. Qty. WillBros T & D Services, LLC Best and Final Offer Principal Place of Business Fort Worth, TX CT2 Conduit 2" PVC Ft 112,000 $0.65 CT3 Conduit 2 & 1/2 " PVC Ft 2,000 $0.69 CT4 Conduit 3" PVC Ft 100 $0.71 CTS Conduit 4" PVC Ft 21,000 $1.05 CT6 Conduit 1" PVC 90 degree sweep Ea 200 $5.85 CT7 Conduit 2" PVC 90 degree sweep Ea 900 $6.00 CT8 Conduit 2 & 1/2 " PVC 90 degree sweep Ea 2,500 $6.50 CT9 Conduit 3" PVC 90 degree sweep Ea 1 $7.00 CT10 Conduit 4" PVC 90 degree sweep Ea 250 $9.00 CT11 Conduit 2" PVC 45 degree sweep Ea 200 $6.00 CT12 Conduit 2 & 1/2 " PVC 45 degree sweep Ea 200 $6.50 CT13 Conduit 3" PVC 45 degree sweep Ea 1 $7.00 CT14 Conduit 4" PVC 45 degree sweep Ea 65 $9.00 CT 15 Conduit 4" PVC 22 & 1/2 degree sweep Ea 80 $9.00 CB1 Conduit 1" PVC Ft 1,000 $0.58 C132 Additional 1" PVC Conduit in Trench Ft 100 $0.50 C133 Conduit 2" PVC Ft 15,000 $0.65 C134 Additional 2" PVC Conduit in Trench Ft 2,000 $0.60 CBS Conduit 2 & 1/2 " PVC Ft 1,000 $0.69 C136 Additional 2 & 1/2" PVC Conduit in Trench Ft 1,000 $0.60 C137 Conduit 3" PVC Ft 100 $0.71 C138 Additional 3" PVC Conduit in Trench Ft 100 $0.62 C139 Conduit 4" PVC Ft 20,000 $0.96 C1310 Additional 4" PVC Conduit in Trench Ft 20,000 $0.75 CB11 Conduit 6"PVC Ft 20,000 $1.15 CB 12 Additional 6" PVC Conduit in Trench Ft 12,000 $1.30 Bank of two 6", two 4", two 2", and two I" installed in CB 13 Ft 2,000 $8.33 conduit spacers CB 14 Bank of three 6", three 4", three 2", and two 1" installed in Ft 1,000 $10.83 conduit spacers CB15 Conduit 1" PVC 90 degree sweep Ea 10 $5.85 CB 16 Conduit 2" PVC 90 degree sweep Ea 100 $6.00 CB17 Conduit 2 & 1/2 " PVC 90 degree sweep Ea 50 $6.50 CB18 Conduit 3" PVC 90 degree sweep Ea 5 $7.00 CB 19 Conduit 4" PVC 90 degree sweep Ea 125 $9.00 CB20 Conduit 6" PVC 90 degree sweep Ea 50 $10.00 CB21 Conduit 2" PVC 45 degree sweep Ea 20 $6.00 CB22 Conduit 2 & 1/2 " PVC 45 degree sweep Ea 5 $6.50 RFP # 4676 Date: May 5, 2011 Exhibit A Underground Service Installation Item Description Unit Est. Qty. WillBros T & D Services, LLC Best and Final Offer Principal Place of Business Fort Worth, TX CB23 Conduit 3" PVC 45 degree sweep Ea 1 $7.00 CB24 Conduit 4" PVC 45 degree sweep Ea 200 $9.00 CB25 Conduit 6" PVC 45 degree sweep Ea 20 $10.00 CB26 Conduit 4" PVC 22 & 1/2 degree sweep Ea 20 $9.00 CB27 Conduit 6" PVC 22 & 1/2 degree sweep Ea 20 $10.00 CI1 Cable, Cu TJF SOL, 12/2 aNyg Secondary Ft 10,000 $0.50 CI2 Cable, Al 46 Duplex Ft 80,000 $0.65 CI3 Cable, At 4/0 4/0 2/0 Secondary Ft 90,000 $0.88 CI4 Cable, 350, 350, 4/0 Secondary Ft 10,000 $0.97 CIS Cable, # 2 Al 15 kV Single Phase Pull Ft 100,000 $0.70 CI6 Cable, # 1/0 Al 15 kV Single Phase Pull Ft 500 $0.77 CI7 Cable, 44/0 Al 15 kV Single Phase Pull Ft 500 $0.93 CI8 Cable, 42 Al 15 kV Three Phase Pull Ft 10,000 $1.25 CI9 Cable, # 1/0 Al 15 kV Three Phase Pull Ft 2,000 $1.29 CI10 Cable, # 4/0 Al 15 kV Three Phase Pull Ft 7,000 $2.84 CI11 Cable, 250 MCM Cu 15 kV Three Phase Pull Ft 1,000 $3.50 CI12 Cable, 500 MCM Cu 15 kV Three Phase Pull Ft 7,500 $4.10 CI13 Cable, 750 MCM Cu 15 kV Three Phase Pull Ft 10,000 $5.81 0114 Cable, 8 Triplex Cu Ft 2,000 $0.50 CI15 Install Fault Indicator Single Phase Ea 400 $3.10 CI16 Install Fault Indicator Three Phase Set 100 $15.00 Multiple Duct Bank Tagging of Conductors in Multiple CI17 Duct Banks (individual conduits and cables shall be Ea 20 $3.00 included in base bid T1 Elbow, Loadbreak 42 AL 220 mil 15 kV Ea 500 $54.00 T2 Elbow, Loadbreak #1/0 AL 220 mil 15 kV Ea 20 $54.00 T3 Elbow, Loadbreak 44/0 AL 220 mil 15 kV Ea 100 $54.00 T4 Elbow, T Nonloadbreak 250 MCM or 4/0 15 kV Ea 15 $78.00 T5 Elbow, T Nonloadbreak 500 MCM 15 kV Ea 60 $104.00 T6 Elbow, T Nonloadbreak 750 MCM 15 kV Ea 90 $104.00 T7 Termination Rack / Utility Pole single phase # 2 Ea 50 478 T8 Termination Rack / Utility Pole vee phase # 2 Ea 4 629 T9 Termination Rack / Utility Pole 3 phase # 2 Ea 12 820 T 10 Termination Rack / Utility Pole single phase # 1 /0 Ea 10 478 T II Termination Rack on a Utility Pole vee phase # 1 /0 Ea 5 629 T12 Termination Rack on a Utility Pole 3 phase # 1/0 Ea 5 820 T13 Termination Rack / Utility Pole single phase 44/0 Ea 1 478 T 14 Termination Rack on a Utility Pole vee phase 4 4/0 Ea 1 629 RFP # 4676 Date: May 5, 2011 Exhibit A Underground Service Installation Item Description Unit Est. Qty. WillBros T & D Services, LLC Best and Final Offer Principal Place of Business Fort Worth, TX T15 Termination Rack on a Utility Pole 3 phase # 4/0 Ea 15 $820.00 T16 Termination Rack on a Utility Pole 3 phase 250MCM Ea 5 $1,222.00 T17 Termination Rack on a Utility Pole 3 phase 500 MCM Ea 30 $1,272.00 T18 Termination Rack on a Utility Pole 3 phase 750MCM Ea 45 $1,272.00 T19 600 - 200 AMP Plug Adapter Ea 60 $8.00 T20 Insulated Plugs/Deadend Plugs Ea 50 $8.00 T21 Splice, 42 AL 220 mil 15 kV Ea 50 $130.00 T22 Splice, #1/0 AL 220 mil 15 kV Ea 5 $135.00 T23 Splice, 44/0 AL 220 mil 15 kV Ea 25 $135.00 T24 Splice, 250 MCM or 4/0 15 kV Ea 25 $142.00 T25 Splice, 500 MCM 15 kV Ea 30 $142.00 T26 Splice, 750 MCM 15 kV Ea 30 $142.00 Al Arrester Elbow, 10 kV Ea 200 $12.00 A2 Arrester, Bushing 10 kV Ea 25 $8.00 A3 Arrester, Parking Stand 10 kV Ea 3 $12.00 VI 2 Wav Manhole 12'X 12'X 9' Nyith 5' of Cover Ea 4 $3,840.00 V2 4 Wav Manhole 12'X 12'X 9' NN-ith 5' of Cover Ea 4 $3,840.00 V3 3 Wav Manhole 12'X 10' X 9' with 5' of Cover Ea 5 $3,840.00 V4 Additional foot of cover for 4 Wav or 3 Wav to 10' Ft 10 $1,521.00 V5 Polymer Concrete Vault 4'W X 4'D x 81 Surface Mount Ea 5 $1,360.00 V6 Polymer Concrete Vault 4'W X 4'D x 61 Surface Mount Ea 2 $1,250.00 V7 Polymer Concrete Vault 3'W X 4'D x SL Surface Mount Ea 5 $586.00 V8 Polymer Concrete Vault 4'W X 4'D x 41 Surface Mount Ea 2 $450.00 V9 Polymer Concrete Box 13"W X 18"D x 24"L Surface Ea 12 $200.00 V 10 Polymer Concrete Box 12"W X 12"D x 12"L Surface Ea 12 $122.00 VII Fiberglass Sleeve, Fri. Connection Cabinet 1 Phase Ea 15 $122.00 V12 Fiberglass Sleeve, Fri. Connection Cabinet 3 Phase Ea 10 $200.00 IV 13 Excavation to Access side of a Manhole Ea 10 $1,107.00 IV 14 Excavation to Access side of a Vault Ea 10 $553.50 RFP # 4676 Date: May 5, 2011 Exhibit A Underground Service Installation Item Description Unit Est. Qty. WillBros T & D Services, LLC Best and Final Offer Principal Place of Business Fort Worth, TX V15 6" Conduit Entry into Manhole Ea 6 $130.00 V16 4" Conduit Entry into Manhole Ea 6 $108.00 V17 2 1/2" Conduit Entry into Manhole Ea 6 $77.00 V18 2" Conduit Entry into Manhole Ea 6 $75.00 V19 6" Conduit Entry into Vault Ea 6 $32.50 V20 4" Conduit Entry into Vault Ea 6 $27.00 V21 2 1/2" Conduit Entry into Vault Ea 6 $19.00 V22 2" Conduit Entry into Vault Ea 6 $17.00 P1 Transformer Pad 48" X 54" Fibercrete Ea 250 $122.00 P2 Switch Gear Pad 7' 1 7' 1 3' Ea 11 $516.00 P3 Transformer Pad 83" X 83" Old Castle Ea 10 $491.00 E1 Secondaiv Connection Pedestal Ea 300 $68.00 E2 Single Phase Transformer on Pad Ea 250 $340.00 E3 Three Phase Transformer on Pad Ea 30 $788.00 E4 Switch Gear on Pad - (PME Gear) Ea 11 $340.00 E5 Primaiv 1 Phase Sectionalizing Pedestal on Sleeve Ea 15 $130.29 E6 Primaiv 3 Phase Sectionalizing Pedestal on Sleeve Ea 10 $225.75 E7 Fused Cabinet Ea 5 $120.00 E8 Fused Cabinet Sleeve Ea 5 $150.00 SL I 20 Ft Concrete Pole and Street Light, 976 pounds Ea 300 $259.00 SL2 35 Ft Concrete Pole and Street Light 1,750 pounds Ea 12 $323.75 SL3 45 Ft Fiberglass Pole and Street Light Ea 6 $363.00 SL4 Streetlight Poles with either bases or anchor cages on Ea 20 $622.00 streetlights S l Install 2.5" conduit with underground secondary conductors Ft 50,000 $4.77 and ditch warning tape. S2 Secondaiv Riser Ea 50 $306.00 S3 Trip charge for additional trips after initial trip Trip 10 $147.50 S4 Bore for seivice installations (Residential) Ft 3,000 $20.64 M1 Three man crew to perform small maintenance jobs Hourlv 250 $136.00 M2 Three man crew and backhoe to perform small maint. Jobs Hourly 300 $161.30 Total Evaluated Cost $2,909,011.85 Number of Licrnsed Utility/Class A Journey man aN Alable to DME Number of Crews Available to DME at one time 8. Cashier's check, certified check or acceptable bid bond in an amount not less than 5% of the total bid submitted or $15,000, whichever is less. AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Karen Smith at 349-8436 A~T ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting proposals and awarding a three year contract for ready mix concrete for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFP 4732-Ready Mix Concrete for the City of Denton awarded to Redi-Mix Concrete in the estimated three year amount of $450,000). FILE INFORMATION This item is for the supply of ready mix concrete utilized by various City departments in the maintenance and new constriction of streets, utility lines, street cuts and backfilling operations. These materials are ordered on an as needed basis. Specifications were placed on the internet and emailed to seven potential suppliers. Same day delivery of concrete is imperative to field operations. Emphasis was placed on delivery and use of a local ready mix facility to ensure prompt delivery. Proposals were to be evaluated based upon the following factors: Quality of previous performance and past experiences 5% Delivery Schedule 25% Ownership of a ready mix facility in Denton, TX 10% Pricing 60% Only one proposal was received from Redi-Mix Concrete who has been a supplier in the past and provided quality products and services. Their proposal stated that they have a plant on East Sycamore Street in Denton, and that approximately 95% of all concrete used for City jobs would come from the Denton plant. They provided a delivery schedule allowing for same day deliveries and provided pricing that was in line with previous bids. Staff requested Redi-Mix's best and final offer (B.A.F.O), and the prices were lowered, providing an estimated savings of $485 annually. In addition, Redi-Mix will provide a half percent service fee payable to the Materials Management Department for usage by various internal departments and other governmental agencies that elect to utilize ("piggy-back") the contract. This fee will assist in off-setting Materials Management costs currently allocated to internal departments. Agenda Information Sheet July 19, 2011 Page 2 RECOMMENDATION Award a three year contact for ready mix concrete to Redi-Mix Concrete in the estimated amount of $450,000. PRINCIPAL PLACE OF BUSINESS Redi-Mix Concrete Euless, TX ESTIMATED SCHEDULE OF PROJECT This agreement will be in effect for a period of three years from the date of award and may be extended for two additional one-year periods if agreed to by both parties with all terms and conditions remaining the same. Pricing may adjust after the first year, and for each renewal year, based upon a published third party index. The prices may not increase or decrease more than eight percent. FISCAL INFORMATION Funding for each individual order will come from the appropriate budget or bond account of the using department. EXHIBITS Exhibit 1: Proposal Pricing with Best and Final Offer Respectfully submitted: 1 ~ Antonio Puente, Jr., 349-7283 Assistant Director of Finance I-.CIS-File 47 32 O O O O O O O O O O O O O O O O l0 l0 Ci q O O -i LL ci 0 0 N w w m O 0 0~T Q ci ci 0 m N N W a 0 O L l0 G m m I- n n\ lfl O N c-I m N N m w Z n c-I N fo rl O O N w w m O O O c m m m m w co m o 0 0 LL m c-I m m N N w Ln Ln -O rl W M W r, r, r a r, fu Z Y 'L a) co O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O O m m O O O O O O O O O a s m O o 'n m cc a o a r- r- r- a 'n O N io V N m l00 w \ I, c-I N O C f0 '6 Y ~ tn t~ tj'~ tj'~ tj'~ tj'~ tj'~ {n 'L - C > O O O O O O O O O O fu r O O O O f/1 f/1 O O O O w N O~T ~T ~T m ul a In n w w w n n n Q n w ~ Z O_ Id tn v to fu V v V O !n O ci 'L Y O_ O N t V) d x _ 0 fu w _ 0 0 ~ O W C y V 'L fu D _0 In v -O U V O NN 0 l0 \ fu O c to ~ f0 0 VI 'O ~ ~ N YvOi L O ~ O O = Y N L? u Y O ) U a) Y O O 7 O a O N to O a O O O CL Y Y 0 f0 C 'L b.0 H a 0 x fo v c 0 -0 -0 v a) fu m v fu 0 O O O 0° U) •a C O w O L V m -O YO YO N N 'O fop 'L Q U V V O C 'O 'O -O t f0 f0 f0 O_ x L~ , v v v a Q v a 3 E E.>_ v v T v Q avo avo i ~i o v v 'n t o C V t t E H f6 X -O -O 'L x X X 3 'L -O -O 7 'L ZO C 'n t Y to to Y O O 'O C U o ao ^ Y a a V a o O C `O V N mu u O O u Y=- a m V C C Y 0 O N IA U. !n !n 0 0 .?5 i C C f0 C O - In ci ci N m m V) H 'n 'n 'n w ~ O O N V N v t O V V V V V V V= N U U U U U U U E L O E y = a) Z vi t 'D Q t oo oo 00 0 0 0 0 0 0 0 0 00 S m n 0 ci ci ci N c ~ N V ui 'L W 1 ~ V C M O- v a) ci N m m w rl 00 0) f° O ci a `o o, ci ci a v t ~ LL ~ H d ORDINANCE NO. AN ORDINANCE ACCEPTING PROPOSALS AND AWARDING A THREE YEAR CONTRACT FOR READY MIX CONCRETE FOR THE CITY OF DENTON; PROVIDINGFOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFP 4732-READY MIX CONCRETE FOR THE CITY OF DENTON AWARDED TO REDI-MIX CONCRETE IN THE ESTIMATED THREE YEAR AMOUNT OF $450,000). WHEREAS, the City has solicited, received and evaluated the competitive sealed proposal for the purchase of Ready Mix Concrete in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposal is the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 4732 Redi-Mix Concrete Exhibit A SECTION 2. By the acceptance and approval of the above numbered item of the submitted proposal, the City accepts the offer of the person submitting the proposal 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 Proposal Invitations, Proposal, and related documents. SECTION 3 . Should the City and person submitting approved and accepted items and of the submitted proposal wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposal, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the RFP 4732-Ready Mix Concrete to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated RFP, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-()RD-RFP 4732 Exhibit A RFP 4732 Pricing Sheet for the City of Denton Ready Mix Concrete EST. ANN. Item QTY UOM Type of Services Requested Unit Price 1 300 Cubic Yard 5 sack Mix, minimun 3000 PSI to job site $ 75.37 2 700 Cubic Yard 1.5 Sack Mix delivered to job site $ 61.30 3 1000 Cubic Yard 1 Sack Mix delivered to job site $ 59.30 4 100 Cubic Yard 2 Sack Mix delivered to job site $ 63.32 5 10 Cubic Yard 3000 PSI - 4.5 WRA delivered to job site $ 72.86 6 10 Cubic Yard 3000 PSI with Fly Ash 20% Max $ 72.86 7 10 Cubic Yard Six sack Concrete ready mix mixture, tested 28 day 4000 PSI $ 78.39 8 40 HR Truck Time (if applicable) N/A 9 100 LID Small load charge (if applicable) $ _/load $ 75.00 9a - - Small load charge is defined as for less than 6 Cy 6 10 250 SK Sack Adjustment (if applicable) + or - $4.00/sack $ 4.00 11 450 LID Environmental Fee per load (if applicable) $ _/load $ 5.00 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ross Chadwick at 349-8830 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance awarding a contract for the lease of Eighteen Mobile Data Computers (MDCs) for the City of Denton Fire Department as awarded by the State of Texas Department of Information Resources (DIR) through the Go Direct Program, contract number DM-SDD-531; providing for the expenditure of funds therefor; and providing an effective date (File 4741-Lease of Eighteen Toughbook Mobile Data Computers awarded to Panasonic Finance Solutions in the six semi annual payments of $17,275 for a total amount of $103,650). BACKGROUND Mobile connectivity in Public Safety vehicles for accessing Public Safety applications is vital to perform day-to-day emergency operations. At the heart of the system is the mobile data computer (MDC) providing the computing power needed to access these applications in Public Safety vehicles for 24/7 emergency operations. This proposal would provide for the replacement of the existing MDCs used in Fire and Emergency Medical Services (EMS) vehicles. The current MDCs are Panasonic units purchased in 2006. Panasonic is the leader in "rugged" laptop computers and the Toughbook series is by far superior to other rigged computers on the market today. The devices can withstand variable temperatures, harsh environmental conditions, rough handling and vibrations. Key components of the Fire/EMS MDC system involve a computer, docking station, battery and modem. Laptops generally have a three to four year serviceable life. The existing units have far exceeded their life span. Everyday use of the equipment under harsh conditions has contributed to the deterioration of the units. Advances in technology have also surpassed the capabilities of the current units. All effective and efficient upgrades have been performed, exhausting all other options. The proposed new units have a faster processor speed and a built in GOBI card. The faster processor speed will allow personnel to obtain and access information such as call comments, maps and loaded pre-fire plans much quicker as they are responding. The built in GOBI card is a mobile broadband wireless card that provides global connectivity for the end user. This new technology will allow us to choose any broadband (internet) service provider available giving more options to service coverage and controlling cost. Current units utilize an external modem for broadband connection tied to a particular service provider like AT&T or Verizon. The new units are also compatible with existing systems and are capable of interfacing with future upgrades or changes. Agenda Information Sheet July 19, 2011 Page 2 OPTIONS Three quotes were obtained by Technology Services for 18 Toughbook units, docking hardware for mounting, electronic accessories and a three year warranty. The lowest quote provided by John Wright Associates, Inc. totaled $100,729.26. The proposed agreement represents the best value quoted. There are three options in acquiring the new equipment. The first option is the outright purchase of the MDC units and equipment with payment in full. The second and third options are both three year lease agreements; one contains a buyout option of $100 with ownership of the equipment after the lease term at a total of $114,094 and one is a true lease with a zero percent interest rate and return of the equipment after the term at a total of $103,650. The lease/buy option is $1,724 more per payment than the true lease option totaling $10,444 more over the three year term. Since this type of technology quickly becomes obsolete, staff did not consider the outright purchase as an option. After evaluating the lease options, staff determined that the lease/buy option was more costly and concluded that a true lease is the most cost effective method of acquiring this equipment. With the true lease option, payments are at cost and the equipment is utilized for its serviceable life. It is then returned after the three year term. RECOMMENDATION It is the recommendation of the Fire Department that the equipment be acquired under the true lease option. Effectively, this equipment would be leased under warranty at cost for the extent of its useful life. The three year term coincides with the recommended replacement timeframe. This will allow the end user to re-evaluate needs, usage and technological advances at the end of the term and remain up to date on equipment. PRINCIPAL PLACE OF BUSINESS Panasonic Finance Solutions John Wright Associates, Inc. Horsham, PA Arlington, TX ESTIMATED SCHEDULE OF PROJECT Acquisition, installation, and use of equipment would begin upon Council approval and would be completed during the current fiscal year. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The current equipment was part of a Public Safety package for the purchase of MDC's including both Fire and Police. Council approved the purchase on September 26, 2006 (Ordinance 2006- 269). Agenda Information Sheet July 19, 2011 Page 3 FISCAL INFORMATION The first payment will be made in the current fiscal year using Fire Department operating fund account 320001.6508. Requisition# 103693 has been entered in the Purchasing software system. Additional lease payments have been included in the Technology Services budget. A non- appropriation clause is included in the lease agreement releasing the City from obligation should funding not be approved for any reason. EXHIBITS Exhibit 1: Quote for MDC's Exhibit 2: Panasonic Finance Solutions Proposal Exhibit 3: Cost Analysis Respectfully submitted: l Antonio Puente, Jr., 349-7283 Assistant Director of Finance I AIS-File 4741 ~ r O O O ~ M N N O w O O O W M O O W N W N (C OQ Ln ~ ~ V V LO N O O O O X w ER ER ER ER ER ER ER ER ER ER ER ER O N O O O M (D N N 0 U- U LO r O I Cl) M ~ Q ~ 0O LL X N M CO 3 N z 2F- L V (n (n m O~zJ Z LQL = Q w Z w p 0 w w CO p J ER ER ER ER ER ER ER ER ER ~ SZ Q 1 o a ao E v 0 - H O o 5 z M M U U o ~ (6 0 U Z LL a~i J O CY Y (n M M Q < LL m O U d of w E (7 > Z O 2 ° N 'N U LL H U LL N tll ~ ~ O m J O M OO W O ; LL (6 L? M N a J t U p Ir U) 3 p N Q p t Q U LL Q M ~d Y ~j C< U N X of O J Q a~ W O O N OLL LL m U M M Z z~ 'I Lo z LL LL Y M Z Y U w v a ~j > 0 Q Q w 0 0(m° z QU m of q Q ~O w a r Q C~ > LLJ } 00 O N z Q LL J v U U Y of U d t N N Q Z O = LL a--+ L. pw u3 0 LL 0 LL ED J ; U) a sr, q ,-w C-4 - Z 2 p Y kn In p Z Z 0 > Q D ~r, o.'J Nt Uj N J J H p 2 (n O U 0 Co) LL U_ U_ U U U Q p rJ M 00 CR CO Q ~ p Z Z Z Z Z LL Z p ( o U) U) O O O O U U O U O Q ~ ~J s-N _ O 2 M 0 Z Z Z Z Z 0 > 4- O Q Q Q Q Q Q 3 10 0- 0- 0- 0- 0- 0 a N 7 C rr.` j O V! MEE ~"Ff a O LL o C-4 co v- c` 'V Q N LL (n f w a v z _ Q 3 i U 0 0 U z > m y M J J (n ; a O C (n O aai U U- U- U- LL LL > U U U U 0 a E E ' 0 U C~ OD 00 00 00 00 00 00 O O w Panasonic Finance Solutions Exhibit 2 Pr- v- Par ;forF C ~uterSolutlr C any Budgetary Finance Proposal City of Denton July 13, 2011 LESSEE: City of Denton, TX (DBA Denton F.D.) LESSOR: Panasonic Finance Solutions and its assigns MANUFACTURER: Panasonic Solutions Company RESELLER: John Wright Associates PROJECT DESCRIPTION: The City of Denton is interested in purchasing and financing Panasonic CF-31 Toughbook computers EQUIPMENT LOCATION: Denton, TX EQUIPMENT DESCRIPTION: Eighteen (18) Panasonic Toughbook CF-31 laptop computers. Including: Docking stations, mounting equipment, DVD Multi Drive, Havis Lind Power Supply, and Panasonic 3 year warranty extension. TRANSACTION TYPE: True lease and $1 Buy Out Purchase Options TERM: 3 Years ESTIMATED EQUIPMENT VALUE: $100,729.26 PAYMENT OPTIONS: * Payments are Estimates and include applicable Property Tax. Payments taken in advance and are based on a lease commencement of Aug 15, 2011 $1 Buy out option - customer will own equipment at the end 3 Year Term Payment Semi-Annual 6 ~c . $18,999 True Lease - customer will have option to purchase or outright return equipment outright at end of lease term 3 Year Term Payment Semi-Annual 6 'a $17,275 END OF TERM OPTIONS: Customer will have the option to 1) return equipment outright; 2) purchase the equipment outright; 3) purchase the equipment via a refinance NET LEASE: This contract will be a net lease under which all costs of operating, maintaining and insuring equipment, payment of taxes and other claims associated with its use, will be paid by Lessee Pg. 1 of 2 Panasonic Finance Solutions Pr- V P ; F outer U( CC any RATE INDEX: Payment Factors will be adjusted prior to the commencement date of each schedule to reflect changes in the like term Panasonic Finance internal cost of funds. NON- APPROPRIATIONS: If Lessee: (i) is not allotted funds for this Lease Agreement in any fiscal year following the fiscal year in which this Lease Agreement was commenced, (ii) have no funds for replacement equipment, and (iii) have no funds from other sources ((i) through (iii) shall be hereinafter collectively referred to as "Non-Appropriation"), Lessee may terminate this Lease Agreement at the end of the then current fiscal year. In such event, Lessee shall return the Equipment to Lessor, at Lessee's sole expense. Lessee shall not, within a period of Non-Appropriation, acquire by any means equipment similar to the Equipment, unless same shall be leased from Lessor. DOCUMENTATION: Lessee shall provide all necessary documentation and will include, without limitation: 1. Secretary's/Officer's Certificate 2. Supplier's Bill of Sale/Invoice 3. Delivery and Acceptance Certificate 4. City Council resolution or City Ordinance 5. Insurance - proof of property and liability insurance, naming Panasonic Finance and its assigns as additional insured and sole loss payee. Panasonic Finance will accept City of Denton's status as self-insured to satisfy Insurance requirement. This proposal constitutes only a general, non-binding expression of interest on the part of Panasonic Finance Solutions. THIS PROPOSAL IS SUBJECT TO PANASONIC FINANCE SOLUTIONS' CREDIT, LEGAL AND INVESTMENT APPROVAL PROCESS AND IS NOT INTENDED TO, AND DOES NOT, CREATE A LEGALLY BINDING COMMITMENT OR OBLIGATION ON THE PART OF PANASONIC FINANCE SOLUTIONS. The creation of such a legally binding commitment or obligation is subject to, among other things, the completion by Panasonic Finance Solutions of an in-depth investigation of the proposed investment, the results of which are deemed satisfactory by Panasonic Finance Solutions and the negotiation, execution and delivery of definitive documents «hich shall be mutually agreed upon by all parties. IT IS UNDERSTOOD THAT NO PARTY HERETO SHALL BE LEGALLY BOUND TO THE OTHER BY REASON OF THIS LETTER, NOR SHALL RIGHTS, LIABILITIES OR OBLIGATIONS ARISE AS A RESULT OF THIS LETTER. Panasonic Finance Solutions believes that this proposal is a proprietary financing proposal. Accordingly, confidentiality is of great importance. Lessee agrees to treat all of the information concerning the structure, documentation and economics of the proposed lease as confidential, as allowed by law. I look forward to speaking with you about your review and please contact me directly at (267) 960-4054 if there are any questions. This proposal expires on July 22, 2011 AGREED TO AND ACCEPTED BY: Yours truly, Your signature , Please print your name here Matthew Ciaudelli Title Panasonic Finance Solutions (267) 960-4054 O 1 (267) 960-2054 F Date Mciaudelli@leaserv.com pa* 2 of 2 O O N O 4' O O O (A (A Llf s 4- O N O O C1 m V^ V M U p O 4, C p M 0 O LL LL. LL V-1 = i/f- Q a) O s C s CL) .2 x o cu C ~ Q E o o N Q a) c -0 -0 ~ 0 s ~ ~ cB L J i N N J L s LL N 4~ T-1 4- H 0 a) it). N - O H H N a) M~ L N fB W +CL)+ U L 0 -0 O > 0 a) L Q M a T 3 0 \ 4-1 V -0 m O~ cu 4-1 E Q '3 U N 0 a fo a) L ~ L a) -Fo L T O - a) C 4- 3 O N GC ~ ~ N 00 cOi~ O Q U) O m O a) CY) Q O a) Q O w s s 0 ui L ai c a)U') Ecri a) Ern ~o G a V)- 'A r-j m N °r° .v CU V)- 4- W 4,4 Q) C: M s M L O D co O L O Q O O c m IS a- O _0 a) 4.1 W m H O E Q E N C i ' oo > l0 O > l0 C: m fB O U cOi~ O Q Q N O O s CL J jE J jE a ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE OF EIGHTEEN MOBILE DATA COMPUTERS (MDCS) FOR THE CITY OF DENTON FIRE DEPARTMENT AS AWARDED BY THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) THROUGH THE GO DIRECT PROGRAM, CONTRACT NUMBER DIR-SDD-531; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4741-LEASE OF EIGHTEEN TOUGHBOOK MOBILE DATA COMPUTERS AWARDED TO PANASONIC FINANCE SOLUTIONS IN THE SIX SEMI ANNUAL PAYMENTS OF $17,275 FOR A TOTAL AMOUNT OF $103,650). WHEREAS, Section 271.005(c) of the Local Government Code authorizes the City Council, in its discretion, to contract for the financing of personal property; and WHEREAS, the City Council finds that the herein authorized financing of the budgeted equipment through a lease agreement with Panasonic Finance Solutions is appropriate and in the public interest; and WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement 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 Building and Procurement 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 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMER VENDOR AMOUNT 4741 Panasonic Finance Solutions $103,650 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Building and Procurement 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 Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. That should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: -ORD-File 4741 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 DEPARTMENT: Police ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending the provisions of Chapter 18 relating to motor vehicles and traffic by re-numbering Section 18-95 "Stop Intersections" to Section 18-3.1; by adding Section 18-91.50 to prohibit stopping, standing, or parking of vehicles in certain places; by adding Section 18-91.51 establishing additional parking regulations; by amending Section 18-143 to change the minimum fines established for certain parking offenses; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. BACKGROUND At the October 3, 2006 City Council retreat, Council requested information concerning parking enforcement and alternatives to compel violators to address outstanding parking violations, specifically in the vicinity of the downtown Square. Subsequently, staff prepared a report that was provided to the City Council on December 12, 2006 detailing the current parking enforcement authority and procedures utilized by city staff In the report, staff recommended that the City Council enact a parking ordinance that would authorize staff to impound or immobilize vehicles that had outstanding parking violations. On January 23, 2007, the City Council considered and approved a revision to Chapter 18 of the Code of Ordinances of the City of Denton. This revision was based on the statutory authority granted under Chapter 682 of the Texas Transportation Code. It provided for a civil process to address and adjudicate parking offenses in a similar manner to the City's Red Light Camera program. The ordinance did not alter or revise the way parking citations were issued. However, it provided for significant improvements in the way these citations were processed and adjudicated. Further, it authorized staff to either immobilize (boot) or impound vehicles that have more than three (3) outstanding parking violations in a single calendar year that have not been paid or appealed for a hearing. Prior to a vehicle being immobilized or impounded, the ordinance required the City of Denton to send a letter to the registered owner providing them with a 10-day notice that their vehicle was subject to being towed or immobilized due to the outstanding parking violations. Staff anticipated that the combination of the actual written citations and the subsequent letter to the registered owner would be sufficient to encourage most violators to address their parking violations prior to the vehicle being towed or immobilized. Agenda Information Sheet July 19, 2011 Page 2 Results of the Initial Revision To date, the use of the civil administrative enforcement process has been successful in reducing the number of unpaid parking citations and in reducing the number of parking violations. However, the original revision only incorporated existing municipal parking violations. Additional parking restrictions found in Chapter 545302 of the Texas Transportation Code were not included in the civil administrative process. The intent was to continue handling these violations through the existing Municipal Court process. Over time, it became apparent that this bifurcated system was confusing to staff and to ticketed violators. The type of citation that should be issued, as well as the violator's avenues for addressing the citation were based on the cited violation. A separate issue with the ordinance was the inclusion of minimum fines and fees for specific violations in Section 18-143 (b). Because these fines were specifically listed for each separate violation, the only avenue to alter the fines involved presenting amendments to the ordinance. Conversely, all other traffic-related fines and fees are not specifically listed by ordinance. Instead, the governing statutes for these violations simply provide a minimum and maximum fine amount available for a violation. The Municipal Court Judge promulgates a list of standard fines and fees, within the parameters established under law, for specific violations. This list is available for review by the public upon request through the Municipal Court Clerk or the City Secretary. Finally, the original revision authorized the City of Denton to impound or immobilize any vehicle that had three or more unpaid parking violations in a calendar year. In practice, the inclusion of the calendar year limitation has proven to be a loophole of which a number of repeat violators are aware. Staff noted a pattern where a vehicle will maintain two unpaid citations in a year in consecutive years. The result is that some vehicles are impounded for three unpaid violations, while other vehicles carry several more unpaid violations but are not impounded due to the calendar limitation. Proposed Revisions To alleviate these issues, staff proposes additional revisions of Chapter 18 as listed below. Staff anticipates that these changes will streamline the parking violation process by removing the confusion of the current bifurcated system, and providing consistency in the enforcement and adjudication of parking violations. Incorporation of Violations The parking violations found in Chapter 545302 of the Texas Transportation Code should be incorporated into Chapter 18 so that all parking citations issued would fall under the civil administrative process. &hedule of Fines The existing list of minimum fines contained in Chapter 18-143 should be replaced with the minimum and maximum fine range for all parking violations. The Municipal Court Judge will promulgate a comprehensive list of fines and fees each year, including parking violations. The Agenda Information Sheet July 19, 2011 Page 3 revised ordinance does not specifically increase any existing fine or fee. With the exception of handicap parking violations, all Chapter 18 parking violations have a maximum possible fine of $200. Handicap violations carry a maximum possible fine of $500. Calendar Year Limitation The revision would also remove the calendar year limitation for unpaid violations and allow staff to impound any vehicle with three or more unpaid violations. The existing requirements for owner notification prior to impoundment would remain intact. OPTIONS 1. Council can approve the proposed ordinance as written. 2. Council can direct staff to make additional revisions to the ordinance. RECOMMENDATION Staff recommends that Council approve the revised ordinance as written. PRIOR ACTION/REVIEW 10/03/06 - Council Retreat 01/23/07 - Council Meeting on Parking Ordinance. FISCAL IMPACT Staff does not anticipate any direct, measureable fiscal impact from the proposed revision to this ordinance. The inclusion of the Chapter 545 violations should not affect the number of cited violations. While the potential exists for some additional revenue generated from the change in the calendar year limitation for unpaid violations, any such increase would be limited and temporary as violator behavior is modified. Respectfully submitted, -4ZL Paul W. Abbott Chief of Police Prepared by: Scott Fletcher, Captain ~ ` ,~t , F~ ~ t'sas ~1 s~'' I ~ ' U~ C E ~ t. r 1- 1 P S1 ~U' ryli 's 1 C ~ , 3 ~ ~ ! k: E 4 t f: C' ~F t z: ordinances I I parking enforcement amendment-final.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PROVISIONS OF CHAPTER 18 RELATING TO MOTOR VEHICLES AND TRAFFIC BY RE- NUMBERING SECTION 18-95 "STOP INTERSECTIONS" TO SECTION 18-3.1; BY ADDING SECTION 18-91.50 TO PROHIBIT STOPPING, STANDING, OR PARKING OF VEHICLES IN CERTAIN PLACES; BY ADDING SECTION 18-91.51 ESTABLISHING ADDITIONAL PARKING REGULATIONS; BY AMENDING SECTION 18-143 TO CHANGE THE MINIMUM FINES ESTABLISHED FOR CERTAIN PARKING OFFENSES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and Traffic") be and the same is hereby amended by re-numbering Section 18-95 "Stop Intersections." Section 18-95 shall be re-numbered to Section 18-3.1 and shall read as follows: Sec. 18-3.1. Stop Intersections. The traffic engineer may designate any street intersection as a stop intersection and designate the streets upon which vehicles shall stop before entering such intersections. Whenever any intersection has been so designated, the traffic engineer shall cause the same to be identified by the erection of stop signs indicating which vehicles approaching the intersection shall stop, and it shall be the duty of the driver of any vehicle approaching such a sign to bring such vehicle to a complete stop at such sign or at a clearly marked stop line before entering the intersection, except when directed to proceed by a police officer or a traffic-control signal. After having so stopped, such driver shall yield the right-of-way to other vehicles which have entered the intersection or which are approaching so closely as to constitute an immediate hazard. Such driver, after having so yielded, may proceed, and the drivers of all other vehicles approaching on the intersecting street shall yield the right-of-way to the vehicle so proceeding into or across the intersection. SECTION 2. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and Traffic") be and the same is hereby amended by adding Section 18-91.5 "Stopping, standing, or parking prohibited in certain places." Section 18-91.5 shall read as follows: Sec. 18-91.50. Stopping, standing, or parking prohibited in certain places. (a) An operator may not stop, stand, or park a vehicle: (1) on the roadway side of a vehicle stopped or parked at the edge or curb of a street; (2) on a sidewalk; (3) in an intersection; (4) on a crosswalk; (5) between a safety zone and the adjacent curb or within 30 feet of a place on the curb immediately opposite the ends of a safety zone, unless the governing body of a municipality designates a different length by signs or markings; (6) alongside or opposite a street excavation or obstruction if stopping, standing, or parking the vehicle would obstruct traffic; (7) on a bridge or other elevated stricture on a highway or in a highway tunnel; (8) on a railroad track; (9) where an official sign prohibits stopping; or (10) within five (5) feet of a public or private driveway or blocking any portion of a public or private driveway or access to such driveway. (b) An operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle: (1) in front of a public or private driveway or within 5 feet of a driveway; (2) within 15 feet of a fire hydrant; (3) within 20 feet of a crosswalk at an intersection; (4) within 30 feet on the approach to a flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway; (5) within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance, if the entrance is properly marked with a sign; or (6) where an official sign prohibits standing. (c) An operator may not, except temporarily to load or unload merchandise or passengers, park an occupied or unoccupied vehicle: (1) within 50 feet of the nearest rail of a railroad crossing; or (2) where an official sign prohibits parking. (d) A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not impede the normal and reasonable movement of pedestrian or other traffic on the sidewalk. (e) A person may not stop, stand, or park a vehicle on a public right-of-way or a state or city easement for the purpose displaying the vehicle for sale. SECTION 3. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and Traffic") be and the same is hereby amended by adding Section 18-91.5 "Stopping, standing, or parking prohibited in certain places." Section 18-91.5 shall read as follows: Page 2 of 8 Sec. 18-91.51. Additional parking regulations. (a) An operator who stops or parks on a two-way roadway shall do so with the right- hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb or edge of the roadway. (b) An operator who stops or parks on a one-way roadway shall stop or park the vehicle parallel to the curb or edge of the roadway in the direction of authorized traffic movement with the right-hand wheels within 18 inches of the right-hand curb or edge of the roadway or the left-hand wheels within 18 inches of the left-hand curb or edge of the roadway. This subsection does not apply where a local ordinance otherwise regulates stopping or parking on the one-way roadway. (c) Subsections (a) and (b) shall not apply if the City has established angled parking spaces on the roadway. SECTION 4. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and Traffic") be and the same is hereby amended by adding the words "trick, trick-tractor, pull trailer, semi-trailer" to subsection (a) of Section 18-92.1 "Parking Nuisances" and by adding subsection (c) to Section 18-92.1. Section 18-92.1 shall read as follows: Sec. 18-92.1 Parking Nuisances. (a) It shall be unlawful for a person to park or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat trailer, tow trick, trick, trick-tractor, pull trailer, semi-trailer or any vehicle other than a passenger car on any public right-of-way in any residential zoned district. (b) No person shall park any vehicle upon the street in any manner as to obstruct the loading or unloading of any solid waste container. (c) It shall be a defense to prosecution under subsection (a) if the vehicle was parked on the public-right-of-way in compliance with Section 18-52 of this Code of Ordinances. SECTION 5. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and Traffic") be and the same is hereby amended by amending Section 18-98 "Overnight Parking" to add a requirement that only vehicles lawfully registered, inspected and insured may be parked on city streets. Section 18-98 shall be shall read as follows: Sec. 18-98. Overnight parking. Overnight parking for storage on any paved street is hereby prohibited. "Overnight parking for storage" is hereby defined as the habitual parking or storing of cars, tricks, tractors Page 3 of 8 or other vehicles on paved streets during the hours from sundown to sunup, except temporarily disabled vehicles which are protected by flares or other approved signal devices. It is not the intent of this section to prohibit or interfere with passenger cars temporarily parked at night when such parking is not in excess of twenty (20) continuous hours and if the following conditions are met: (1) the vehicle displays current vehicle inspection; (2) the vehicle displays current vehicle registration; and (3) the owners maintain current insurance or other proof of financial responsibility. SECTION 6. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and Traffic") be and the same is hereby amended by amending Section 18-108 "Parking of unauthorized vehicles in spaces designated for disabled persons prohibited" to add a provision to make it a violation to block or encroach on a handicapped space. Section 18-108 shall read as follows: Sec. 18-108. Parking of unauthorized vehicles in spaces designated for disabled persons prohibited. It shall be unlawful for any person to stop, stand, park or leave standing any vehicle in any parking space designated as exclusive parking for disabled persons pursuant to Section 18- 107 unless such vehicle is displaying a specially designed symbol, tab or other device issued by the state department of highways and public transportation affixed to the license plates of such vehicle indicating the operator thereof or a passenger therein is permanently disabled or unless such vehicle is displaying an identification card issued by the department indicating the operator of such vehicle or a passenger therein is temporarily disabled. It shall be unlawful to block or encroach on a handicap access. SECTION 7. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and Traffic") be and the same is hereby amended by amending Section 18-140 "Enforcement" to remove the requirement of the three unpaid citations being within a calendar year. Section 18- 140 shall read as follows: Sec. 18-140. Enforcement. (a) An order filed by a hearing officer under this article, or a final judgment of the municipal court after appeal, may be enforced by: (1) impounding the vehicle; Page 4 of 8 (2) immobilizing by the placing of a device ("boot") that prohibits the movement of a motor vehicle on the vehicle that is the subject of the order filed; (3) an additional fine if not paid within the specified time; (4) denial of parking permits; or (5) provisions of Section 18-143(g)(2). (b) Provided, however, that no vehicle shall be impounded under (a)(1) or immobilized under (a)(2) of this article unless: (1) the offender has three (3) or more unpaid vehicle parking or stopping offenses; and (2) written notice is mailed to the registered owner of the vehicle at least ten (10) days before the vehicle is impounded or immobilized, said notice to inform the registered owner of the vehicle's eligibility of immobilization or impoundment. The notice shall state the vehicle is eligible for immobilization or impoundment because the criteria of three (3) or more unpaid vehicle parking or stopping offenses has been met. Said notice shall also inform the owner of his right to submit information to the hearing officer regarding the propriety of the immobilization or impoundment of the vehicle. SECTION 8. Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles and Traffic") be and the same is hereby amended by amending Section 18-143 "Fines and fees." Section 18-143 shall read as follows: See. 18-143. Fines and fees. (a) The owner of any vehicle found to be in violation of any provision of this Chapter related to the parking, stopping, or standing of vehicles shall be liable to the City of Denton and shall owe a civil administrative penalty in an amount not less than $1.00, nor more than $200.00, unless for an offense related to Handicap Parking, in which case the penalty cannot exceed $500.00, in accordance with a schedule of civil administrative parking penalties as promulgated by the Presiding Judge of the Denton Municipal Court. The schedule of civil administrative parking penalties shall be reviewed annually by the Presiding Judge of the Denton Municipal Court, and shall be available to the public upon request at the offices of the Municipal Court Clerk or City Secretary. (b) If the owner of a vehicle to which a parking citation has been issued makes a timely request for hearing as set forth in this Chapter, the Civil Administrative Hearing Officer Page 5 of 8 may, within their reasonable judgment or discretion, or upon proper appeal, the Presiding Judge of the Municipal Court or designated Assistant Municipal Judge, may assess a civil administrative fee in an amount greater than or less than that established by the promulgated schedule of civil administrative parking penalties. (c) The owner of any vehicle to whom a parking citation has been issued shall have fifteen (15) days from the date of issuance of said citation in which to either pay the civil penalty assessed or due or file a written notice or request for a civil administrative hearing as to the issue of liability with the Denton Municipal Court Clerk either in person or by mail at 601 E. Hickory, Ste. D, Denton, Texas, 76205. Unless a written notice or request for administrative hearing has been properly filed within fifteen (15) days of the issuance of the citation, any citation which remains unpaid, after fifteen (15) days shall be deemed to be delinquent and the owner of the vehicle shall be liable to the City of Denton for all civil administrative penalties and fees as provided under this Chapter. (d) Any civil administrative penalty assessed and due under this Chapter which remains unpaid on or after the sixteenth (16th) day after the date of issuance, shall be increased in an amount of Thirty-Five Dollars ($35) over and above the initial amount of penalty due or assessed, unless a timely written notice or request for an administrative hearing has been filed with the Denton Municipal Court Clerk or Parking Enforcement Division Office as referenced herein. (e) In order to appeal a finding of liability after an Administrative Hearing before a hearing officer, the owner of a vehicle found to be liable must, within thirty (30) days after the filing of the hearing officer's order as provided in section 18-139, file a written request or notice of appeal with the Denton Municipal Court Clerk. The written request or notice of appeal must be accompanied by payment of a cash bond in the amount of the civil administrative penalty assessed, an administrative hearing fee of twenty-five dollars ($25.00) and, a municipal court appellate filing fee in the amount of twenty-five dollars ($25.00). (f) The owner of a vehicle who has contested liability at a timely and properly requested Administrative hearing, but who has been found liable by the Administrative Hearing Officer after consideration of testimony or evidence shall be assessed an additional fee of twenty-Five Dollars ($25), which shall also be due at the same time as the civil administrative penalty assessed. (g) The payment of a civil administrative penalty to the parking division shall be deemed an acknowledgement of liability for the parking violation. (h) The boot fee shall be fifty dollars ($50.00). In addition to the boot fee, charges for towing and/or storage of impounded vehicles shall be as provided by the law applicable to abandoned vehicles. Page 6 of 8 (i) If three (3) or more parking citations remain outstanding because of non-payment or failure to request an administrative hearing within fifteen (15) days after date of issuance of the citations, the Parking Enforcement Division shall send to the registered owner of the vehicle to which the citations had been affixed a letter informing the owner that the citations are delinquent and that either or both of the following actions may be taken if the citations have not been answered within ten (10) days of the date of the letter: (1) The vehicle may be impounded in place by means of an immobilization device or, at the option of the city, towed away to a secure area of impoundment. If the vehicle is towed to a secure impoundment, the owner shall be responsible for towing and storage charges. (2) The registered owner of the vehicle on the dates which such parking violations occurred may be summoned to appear in the municipal court by an order of a hearing officer. Failure to response to such order may result in further charges including but not limited to failure to appear or a violation of city ordinance. Such charges shall be considered a class C misdemeanor charge. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. (j) All fines, costs, and fees shall be deposited in the proper account of the general fund of the city, unless otherwise directed by resolution of the city council. SECTION 9. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances 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 any invalidity. SECTION 10. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 11. Any person found liable of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per offense per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 12. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. Page 7 of 8 PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 8 of 8 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee, to enter into an Interlocal Agreement with Denton County for the County to provide property tax billing and collection services for the City of Denton; providing a savings clause and providing an effective date. BACKGROUND This Interlocal Agreement for tax collection services to be performed by Denton County was initially established in March 2007. At that time, the agreement was exclusive to the processing of statements and supplemental payments for the 2007 tax year and subsequent tax years. In August 2008, the City Council renewed the Interlocal Agreement, and included a provision for all tax years to be included in processing supplemental tax payments. The County currently processes tax statements (approximately 42,000 accounts) and tax supplemental payments on the City's behalf. This arrangement is efficient because one entity is responsible for billing and collecting payments for all three taxing entities (the City, the County and the School District). This Interlocal Agreement continues to authorize Denton County to process tax statements and payments on behalf of the City of Denton. The County will process the initial tax statements in October, with two delinquent mailings before April 1 and July 1. The most substantial change to the agreement for 2011 is a reduction in price. The price for this service will be reduced from $0.74 per statement to $0.71 per statement. This price reduction represents a savings of approximately $1,300, based on the current year activity for three mailings. RECOMMENDATION Staff recommends approval of continuing the Interlocal Agreement with Denton County to provide tax processing services for the 2011 tax year. PRIOR ACTION/REVIEW City Council Meeting, March 6, 2007 - The City Council approved an Interlocal Agreement with Denton County, establishing tax billing and collection management on behalf of the City of Denton for tax years 2007 and forward. Agenda Information Sheet July 19, 2011 Page 2 City Council Meeting, August 19, 2008 - The City Council approved an Interlocal Agreement with Denton County for the County to provide property tax billing and collection services for the City of Denton, repealing Subsection 10-2(B) of the City Code and all ordinances allowing the split-payment option for payment of property taxes. City Council Meeting, August 18, 2009 - The City Council approved an Interlocal Agreement with Denton County to provide property tax billing and collection services for the City of Denton, for the tax year 2009. City Council Meeting, July 20, 2010 - The City Council approved an Interlocal Agreement with Denton County to provide property tax billing and collection services for the City of Denton, for the tax year 2010. FISCAL INFORMATION Under the current Interlocal Agreement, the City pays the County for receipting, bookkeeping, issuing and mailing of the tax statements. Expenditures for the 2010 tax year are currently $31,920. Proposed fees for the 2011 tax year (which are reduced from the 2010 contract): $0.71 per initial statement processing in October and delinquent statement processing before April 1 and July 1. Respectfully Submitted By: r0 Bryan Langley Chief Financial Officer sAlegal\our documents\ordinances\11\denton county property tax interlocal agreement.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR THE COUNTY TO PROVIDE PROPERTY TAX BILLING AND COLLECTION SERVICES FOR THE CITY OF DENTON; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "City") and Denton County (the "County") desire to enter into an Interlocal Cooperation Agreement for the County through its duly elected tax assessor-collector to act as tax assessor and collector for the City property tax collection (Interlocal Agreement); and WHEREAS, the County is well equipped to perform this service; and WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Interlocal Agreement of behalf of the City with the County. The City Manager, or his designee, is hereby authorized to carry out the rights and duties of the City under the Interlocal Agreement including the expenditure of funds provided for therein. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: INTERLOCAL COOPERATION AGREEMENT - TAX COLLECTION THIS AGREEMENT is made and entered into this day of 2011, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY," and, the City/Town of DENTON, Denton County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as "MUNICIPALITY." WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, and V.T.C.A., Tax Code, Section 6.24 and 25.17 and; WHEREAS, MUNICIPALITY has the authority to contract with the COUNTY for the COUNTY to act as tax assessor and collector for MUNICIPALITY and COUNTY has the authority to so act; NOW THEREFORE, COUNTY and MUNICIPALITY, for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: 1. The effective date of this Agreement shall be the 1st day of October, 2011. The term of this Agreement shall be for a period of one year, from October 1, 2011, to and through September 30, 2012. This Agreement shall be automatically renewed for an additional one (1) year term at the discretion of the COUNTY and MUNICIPALITY, unless written notice of termination is provided by the terminating party to the other party prior to one hundred-fifty (150) days of the expiration date of the current term of the Agreement. Page 1 of 11 II. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for MUNICIPALITY to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: 1. COUNTY, by and through its duly qualified tax assessor-collector, shall - serve as tax assessor-collector for MUNICIPALITY for ad valorem tax collection for tax year 2011, and each tax year for the duration of this Agreement. COUNTY agrees to perform all necessary ad valorem assessing and collecting duties for MUNICIPALITY and MUNICIPALITY does hereby expressly authorize COUNTY to do and perform all acts necessary and proper to assess and collect taxes for MUNICIPALITY. COUNTY agrees to collect base taxes, penalties, interest, and attorney's fees. 2. COUNTY agrees to prepare and mail all tax statements; provide monthly collection reports to MUNICIPALITY; prepare tax certificates; develop and maintain both current and delinquent tax rolls; meet the requirements of Section 26.04 of the Texas Tax Code; and to develop and maintain such other records and forms as are necessary or required by State law, rules, or regulations. 3. COUNTY further agrees that it will calculate the effective tax rates and rollback tax rates for MUNICIPALITY and that such calculations will be provided at no additional cost to MUNICIPALITY. The information concerning the effective and rollback tax rates will be published in the form prescribed by the Comptroller of Public Accounts of the State of Texas, and as required by Section 26.04 of V.T.C.A. Tax Code. MUNICIPALITY shall notify tax assessor-collector at least 7 days before Page 2 of 11 MUNICIPALITY wishes publication of forms specified in this section, It is understood and agreed by the parties that the expense of publication shall be borne by MUNICIPALITY and that COUNTY shall provide MUNICIPALITY's billing address to the newspaper publishing the effective and rollback tax rates. 4. COUNTY agrees, upon request, to offer guidance and the necessary forms for posting notices of required hearing and quarter-page notices as required by Sections 26.05 and 26.06 of V.T.C.A. Tax Code, if MUNICIPALITY requests such 7 days in advance of the intended publication date. Should MUNICIPALITY vote to increase its tax rate above the rollback tax rate the required publication of notices shall be the responsibility of MUNICIPALITY. 5. COUNTY agrees to develop and maintain written policies and procedures of its operation. COUNTY further agrees to make available full information about the operation of the County Tax Office to MUNICIPALITY, and to promptly furnish written reports to keep MUNICIPALITY informed of all financial information affecting it. 6• MUNICIPALITY agrees to promptly deliver to COUNTY all records that it has accumulated and developed in the assessment and collection of taxes, and to cooperate in furnishing or locating any other information and records needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 7. COUNTY agrees to allow an audit of the tax records of MUNICIPALITY in COUNTY'S possession during normal working hours with at least 48 hours advance, written notice to COUNTY. The expense of any and all such audits Page 3 of 11 shall be paid by MUNICIPALITY. A copy of any and all such audits shall be furnished to COUNTY. 8. If required by MUNICIPALITY, COUNTY agrees to obtain a surety bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful performance of the Tax Assessor/Collector's lawful duties, will be made payable to MUNICIPALITY and in an amount determined by the governing body of MUNICIPALITY. The premium for any such bond shall be borne solely by MUNICIPALITY. 9. COUNTY agrees that it will place at least a quarter-page advertisement in newspapers serving Denton County in January, 2012, as a reminder that delinquent tax penalties will apply to all assessed taxes which are not paid by January 31, 2012. The advertisement will be printed in each paper between January 5th and January 25th 10. COUNTY agrees that it will post to a secure website collection reports for MUNICIPALITY listing current taxes, delinquent taxes, penalties and interest on a daily basis through September 30, 2012. County will provide monthly Maintenance and Operation (hereinafter referred to as "MO"), and Interest and Sinking (hereinafter referred to as "IS") collection reports; provide monthly recap reports; and provide monthly attorney fee collection reports. 11, MUNICIPALITY retains its right to select its own delinquent tax collection attorney and COUNTY agrees to reasonably cooperate with the attorney selected by MUNICIPALITY in the collection of delinquent taxes and related activities. 12. MUNICIPALITY will provide COUNTY with a copy of their current tax collection attorney contract on or before each February l st. Also MUNICIPALITY will Page 4 of I 1 provide COUNTY with notice of any change in collection attorney on or before the effective date of the new collection attorney contract, III. COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the County Tax Office and to serve as Liaison for COUNTY with MUNICIPALITY. The County Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. IV. COUNTY accepts responsibility for the acts, negligence, and/or omissions related to property tax service of all COUNTY employees and agents, sub-contractors and /or contract laborers, and for those actions of other persons doing work under a contract or agreement with COUNTY to the extent allowed by law. V. MUNICIPALITY accepts responsibility for the acts, negligence, and/or omissions of all MUNICIPALITY employees and agents, sub-contractors and/or contract laborers, and for those of all other persons doing work under a contract or agreement with MUNICIPALITY to the extent allowed by law. Page 5 of 11 V1. MUNICIPALITY understands and agrees that MUNICIPALITY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. VII. For the services rendered during the 2011 tax year, MUNICIPALITY agrees to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as follows: 1. The current tax statements will be mailed on or about October 20th or as soon thereafter as practical. The fee for this service will be a rate not to exceed Seventy- one Cents ($31) per statement. If MUNICIPALITY does not adopt a tax rate before September 29, 2011, the tax rate for MUNICIPALITY will be set at the lower of the effective tax rate calculated for that year or the tax rate adopted by MUNICIPALITY for the preceding tax year. Before the fifth day after establishment of a tax rate under this provision, MUNICIPALITY must ratify the applicable tax rate in the manner required by Article 26.05(b) of the Texas Tax Code. 2. COUNTY will mail an additional notice during the month of March following the initial mailing provided that MUNICIPALITY has requested such a notice on or before February 28th. The fee for this service will be a rate not to exceed Seventy- one Cents ($.71) per statement. Page 6 of 1 I 3. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial mailing, COUNTY shall mail a delinquent tax statement meeting the requirements of Section 33.11 of the Texas Property Tax Code to the owner of each parcel to the owner of each parcel having delinquent taxes, The fee for this service will be a rate not to exceed Seventy-one Cents ($.71) per statement 4. At least 30 days, but no more than 60 days, prior to July 1 st, and following the initial mailing, COUNTY will mail a delinquent tax statement meeting the requirements of Section 33.07 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent taxes. The fee for this service will be a rate not to exceed Seventy-one Cents ($.71) per statement. 5. For accounts which become delinquent on or after June 1 s`, COUNTY shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the Texas Property Tax Code to the owner of each parcel having delinquent taxes. 6. In event of a successful rollback election which takes place after tax bills for MUNICIPALITY have been mailed, MUNICIPALITY agrees to pay COUNTY a programming charge of $5,000.00. COUNTY will mail corrected statements to the owner of each parcel. COUNTY will charge a fee for this service will be a rate not to exceed Seventy-one Cents ($.71) per statement. When a refund is required per Property Tax Code Section 26.07 (g), COUNTY will charge a $.25 processing fee per check, in addition to the corrected statement mailing costs. Issuance of refunds, in the event of a successful rollback election, will be the responsibility of the COUNTY. MUNICIPALITY will be billed for the refunds, postage and processing fees. Page 7 of 11 7. MUNICIPALITY understands and agrees that COUNTY will bill MUNICIPALITY following each mailing for which charges are permitted. Payment is due upon receipt of the statement. If MUNICIPALITY fails to pay COUNTY for mailing fees by the 61st day after billing, COUNTY will withhold the billed amount from collections to satisfy the debt by authority of Section 6.27 of the Texas Property Tax Code. 8. MUNICIPALITY further understands and agrees that COUNTY (at its sole discretion) may increase or decrease the amounts charged to MUNICIPALITY for any renewal year of this Agreement, provided that COUNTY gives written notice to MUNICIPALITY sixty (60) days prior to the expiration date of the initial term of the Agreement. Collection rates are established annually by a survey of costs conducted by the County Budget Office. The collection rate for each year is approved by County Commissioners' Court. All entities are assessed the same per parcel collection rate. Vlll. COUNTY agrees to remit all taxes, penalties, and interest collected on MUNICIPALITY's behalf and to deposit such funds into the MUNICIPALITY's depositories as designated: 1. For deposits of tax, penalties, and interest, payment shall be by wire transfer or by check sent by mail to MUNICIPALITY's depository accounts only, and segregated into the appropriate MO and IS accounts. 2. If MUNICIPALITY uses the same depository as COUNTY, the deposits of tax, penalty and interest shall be by deposit transfer. Page 8 of 11 3. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will be made daily through September 30, 2012. It is expressly understood, however, that this obligation of COUNTY shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. IX. In the event of termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the tax year in which notice is given. COUNTY shall be obligated to provide services pursuant to this Agreement, during such period. X. This Agreement represents the entire agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both MUNICIPALITY and COUNTY or those authorized to sign on behalf of those governing bodies. XI. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-349-2820 Page 9 of 11 MUNICIPALITY The City/Town of Denton 215 E McKinney Denton, TX 76201 Telephone: 940-349-8224 Contact: Bryan Langley XII. MUNICIPALITY hereby designates to act on behalf of MUNICIPALITY, and to serve as Liaison for MUNICIPALITY to ensure the performance of all duties and obligations of MUNICIPALITY as stated in this Agreement. MUNICIPALITY's designee shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct supervision of the MUNICIPALITY employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY, XIII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XIV. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. Page 10 of 11 Executed in duplicate originals this, day of 2011. COUNTY MUNICIPALITY Denton County City/Town of Denton 110 West Hickory 215 E McKinney Denton, Texas 76201 Denton, TX 76201 BY: BY: Honorable Mary Horn Name:George C. Campbell Denton County Judge Title: City Manager ATTEST: ATTEST: BY: BY: Cynthia Mitchell Name Jennifer Walters Denton County Clerk Title qty ecretary APPROVED FORM AND CONTENT: APPROVED AS TO FORM: Steve Mossman Moira Schilke Denton County Denton County Tax Assessor/Collector Assistant District Attorney APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: . Page 11 of 11 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider appointments to the City's Boards and Commissions. BACKGROUND Attached are the nominations Council has submitted for board and commission positions. Any additional nominations made since the Work Session on July 12th are bolded. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary 07/19/2011 BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Airport Advisory Board Roden Bill Schofield (R) Gregory Jim Stodola (N) Engelbrecht Bob Eames (N) Watts Martin Mainja (N) Kamp Jim Clark (R) King Jeremy Fikes (R) Burroughs Karen Dickson (N) Animal Shelter Advisory Committee Engelbrecht Granville Wright (R) Watts Myra Oliver (R) Burroughs Kari Jo Zika (N) Community Development Advisory Cmte. Roden Dorothy Watts (R) Gregory Amber Briggle (N) Watts Margaret Fiedler (N) Kin Health & Building Standards Commission Roden Gary Robinson (N) Engelbrecht Jeff Wawro (R) Kamp Jim Strange (R) King Dana Binnion (N) Burroughs All David Hoenin (Gregory) (N) Historic Landmark Commission Roden Michelle Tangora Lynn (N) Gregory Deb Conte (N) Engelbrecht Karen DeVinney (R) Watts Eric Pulido (R) Kamp King Laura Mauelshagen (N) All Murray Ricks (R) Human Services Advisory Cmte. Roden David Sanchez (N) Engelbrecht Maria M.V-Simental (R) Kamp Teddy Griffin (R) King Lara Fronczek (N) Burroughs Sheryl English (R) All Victoria Campbell (N) All Mari Metzgar (R) All Library Board Roden Anyah Martinez (R) Gregory Maria Luna (N) Kamp Kin Bonnie McCormick (N) R - Reappointment N - New Nomination 07/19/2011 BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Parks, Recreation & Beautification Board Roden Vicki Byrd (R) King Russ Stukel (N) Burroughs Janet Shelton (R) Planning and Zoning Commission Roden Devin Taylor (N) Gregory Brian Bentley (R) Watts Thom Reece (R) Burroughs Frank Conner (N) Public Art Committee Roden Billy Mohair (R) Kamp Carol Phillips (R) Kin Kristi Bennett (N) Public Utilities Board Roden John Baines (R) Gregory Bill Cheek, ,Jr. (R) Kamp Dick Smith (R) Burroughs Leonard Herring (N) Traffic Safety Commission Watts Carmen Cantu-Lipscomb (N) Kamp Wally Campbell (N) King Gilmore Morris (N) Burroughs Connie Baker (N) Zoning Board of Adjustment Roden Millard Heath (R) Engelbrecht Reggie Hill (R) Watts ,Jchon Paradise (R) King Barbara Gailey (N) Burroughs Phil Jordan (R) All Craig Thomas - Gregory (N) All Gre Johnson (R) Economic Development Partnership All Carol Ann Simmons - Kamp (N) Board R - Reappointment N - New Nomination AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 DEPARTMENT: Economic Development Department A~T ACM: Jon Fortune SUBJECT Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton, Texas, ordaining the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (ACT), providing State tax incentives, designating a liaison for communication with interested parties, and nominating Target Corporation to the Office of the Governor, Economic Development & Tourism (EDT) through the Economic Development Bank (Bank) as an Enterprise Project (Project); establishing the boundaries of said zone, and providing an effective date. BACKGROUND The Texas Enterprise Zone Program is a State of Texas economic development tool to promote job creation and capital investment in economically distressed areas of the state. Successful applicants are eligible to apply for State sales and use tax refunds on qualified expenditures. No refund of City sales tax is eligible for this process. The level of refund is related to the capital investment and number of jobs created for economically disadvantaged individuals. Key aspects of the Texas Enterprise Zone Program are: • The State accepts applications on a quarterly basis. September 1, 2011 is the next application deadline date. • The City of Denton is eligible for up to four enterprise zone project designations during a state biennium based upon availability and may submit up to two additional bonus nominations if the state program has designations available. Denton presently has no enterprise zone project designations. The State's new biennium begins September 1, 2011 and coincides with the upcoming quarterly application deadline. • Applications are scored on criteria that reflect the distress of the area, state priority, and local and private effort. • The local community must nominate a company as an Enterprise Project to be eligible to participate in the Enterprise Zone Program and must offer one or more forms of local tax incentive to the company. • The local community must conduct a public hearing and approve an Enterprise Zone nominating ordinance prior to submitting the application to the State. • Communities may nominate projects for a designation period of not less than one year and up to five years, non-inclusive of a 90-day window prior to the Agenda Information Sheet Target Enterprise Zone July 19, 2011 Page 2 application deadline. Employment and capital investment commitments must be incurred and met within this timeframe. • Projects may be physically located in or outside of an Enterprise Zone. The location determines the percent of new employees that must meet economically disadvantaged or Enterprise Zone residence requirements. • The program provides reimbursement level categories based upon investment and new jobs. Benefit to Target Corporation: If approved during the State's September 2011 application cycle, Target Corporation Enterprise Zone Project designation dates would be September 1, 2011 to September 1, 2016. Target Corporation has a projected capital investment of $100M at the Denton distribution center site during this time frame. At this investment level, Target Company could receive state sales and use tax refunds of $2,500 per allocated job up to 500 jobs and a maximum refund of $1.25M dollars. The company's current plan to create 115 new full- time jobs represents a potential state refund to Target Corporation of up to $287,500. Participation costs: Target Corporation has offered to pay the $750 application fee corresponding to their project investment level. Costs to the City include the posting of the public hearing notice in the local newspaper and staff time per the City's nominating role in the application process. RECOMMENDATION This request represents an opportunity for the City to assist Target Corporation in receiving a significant State sales tax refund and further demonstrate the City's support of the company's investment in our community. No City sales taxes will be refunded as a component of this request. The Economic Development Partnership Board recommends approval of the project application. ESTIMATED SCHEDULE OF PROJECT 09/01/2011 Application and Fee due to State 11/11/2011 Successful applicants notified by State If State designation is granted: 09/01/2011 Target Corporation Enterprise Zone Project start date 09/01/2016 Target Corporation Enterprise Zone Project end date PRIOR ACTION/REVIEW The Economic Development Partnership Board unanimously recommended approval on June 14, 2011 (7-0). Agenda Information Sheet Target Enterprise Zone July 19, 2011 Page 3 FISCAL INFORMATION Excluding the cost to post this public hearing in the local newspaper, establishing an enterprise zone has no fiscal impact to the City of Denton. EXHIBITS Texas Enterprise Zone Program Overview Texas Enterprise Zone FAQ's Nominating Ordinance Exhibit A Site Description Exhibit B 1 Site Map Exhibit B2 Site Map Respectfully submitted: Michelle Cunningham Business Development Officer Economic Development Department ijl~ i I4 ~I A 01:I`1C, r~ 01, TI1t;, CT0tERNO1i Dj3'vr:1.C)1)mt,'\'r & To t'RISNI RICK PERRY GOVERNOR TEXAS ENTERPRISE ZONE PROGRAM FREQUENTLY ASKED QUESTIONS What is an enterprise zone? Any block group within the State of Texas that has a poverty rate of 20% or more, as determined by the U.S. Census Bureau during each decennial census is a state enterprise zone. The block group will remain an enterprise zone until it no longer qualifies, as a result of a subsequent decennial census. Any distressed county in Texas is an enterprise zone. A county is considered to be a distressed county if it has a poverty rate above 15.4 percent based on the most recent decennial census; in which at least 25.4 percent of the adult population does not hold a high school diploma or high school equivalency certificate based on the most recent decennial census; and that has an unemployment rate that has remained above 4.9 percent during the preceding five years, based on Texas Workforce Commission data. Any federally designated empowerment zone, enterprise community or renewal community is also a State enterprise zone, for the duration of the federal designation. It is the purpose of the Texas Enterprise Zone Act to establish a process that clearly identifies distressed areas and provides incentives by both local and state government to induce private investment in those areas by the provision of tax incentives and economic development program benefits. Under this program, economic development is encouraged by allowing enterprise projects to be designated outside of an enterprise zone, with a higher threshold of hiring economically disadvantaged or enterprise zone residents. The purpose of these sections is to provide standards of eligibility and procedures for designation of applications for qualified businesses as enterprise projects. Who may participate in the program? Any municipality or county in the State of Texas may participate in the program, whether they have an enterprise zone within their jurisdiction or not. How do I determine in what block group I am located? You can access the U.S. Census Bureau web site to determine what block group a particular address is in. The web address is http://factfinder.census.aov/servlet/ReferenceMaDFramesetServlet? bm=v&- lanq=en. V1- OPC. x P. C). BOS 12425 AUSTIN , T-X -S"11 5 12-463-2ooo (DIAL 1-1 FOR RELAY SERA"ICES WWW.God"ERN OR. STATE. TS. US How do I determine if my block group qualifies as an enterprise zone? The Governor's Office, through the Economic Development Bank (Bank), has published on its website the areas that qualify as an enterprise zone as either a qualifying block group or a distressed county. The website can be accessed at http://www.governor.state.tx.us/divisions/ecodev/ed bank/enterprise zone. If your block group is not listed, it does not qualify as an enterprise zone. How does a municipality or county participate in the program? The municipality or county must nominate a qualified business as an enterprise project by an ordinance or order as applicable. The ordinance or order must establish the local incentives being offered to the business seeking enterprise project designation. Local incentives may be established for all zone areas separately or individually, as well as areas of the jurisdiction outside of a zone area. The ordinance or order must state by position, who will act as liaison for the local program with the state, and nominate the qualified business for enterprise project status. Subsequent project nominations may be done by resolution, if the local incentives offered are the same as outline in the original ordinance or order. Can a community offer local incentives without an enterprise zone? Yes. A community can offer certain incentives as allowed by state law. Enterprise zones, however, are simply a means of packaging a number of state and local incentives together to help revitalize a distressed area. What local incentives are available in an enterprise zone? Local incentives that may be offered to an expanding or locating business vary. Examples of local incentives that may be offered include tax abatement, a refund of local sales and use taxes, waiver of permitting fees, tax increment financing, transfer of publicly owned buildings at below market cost, and low interest loans. What is a qualified business? A qualified business is a person, including a corporation or other entity, that has been certified by the Bank, for purposes of state benefits under the Act, or a governing body for purposes of local benefits, to have met the following criteria: (A) the person is engaged in, or has provided substantial commitment to initiate the active conduct of a trade or business at a qualified business site; and (B) at least 25% of the business' new employees are either economically disadvantaged or enterprise zone residents (ED/EZR) if the qualified business site is located in an enterprise zone, or at least 35% of the business' new employees are ED/EZR if the qualified business site is located outside of an enterprise zone;and (C) a franchise or subsidiary of a new or existing business may be certified by the governing jurisdiction as a qualified business if the franchise or subsidiary is located entirely at the qualified business site and maintains separate books and records of the business activity conducted at the qualified business site. What is the definition of economically disadvantaged? An individual who at the time of hire: (A) was unemployed for at least three months before obtaining employment with a qualified business; (B) receives public assistance benefits, including welfare payments or food stamps, based on need and intended to alleviate poverty; (C) is a low-income individual, as defined by Section 101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25)); (D) is an individual with a disability, as defined by 29 U.S.C. Section 705(20)(A); (E) is an inmate, as defined by Section 498.001; (F) is entering the workplace after being confined in a facility operated by the institutional division of the Texas Department of Criminal Justice or under contract with the Texas Department of Criminal Justice; (G) has been released by the Texas Youth Commission and is on parole, if state law provides for such a person to be on parole; (H) meets the current low income or moderate income limits developed under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f et seq.); or (I) was under the permanent managing conservatorship of the Department of Family and Protective Services on the day preceding the individual's 18th birthday. What is an enterprise project? An enterprise project is a business that is nominated by a municipality or county and approved by the bank for state benefits. State incentives include state sales and use tax benefits based on capital investment and jobs created and/or retained during the designation period. The State may designate up to 105 enterprise projects each biennium. What items purchased are allowable for sales and use tax refund under the Program? An enterprise project is eligible for a refund of the taxes imposed by the Texas Tax Code on all taxable items purchased for use at the qualified business site related to the project or activity during the designation period. How many enterprise projects can we have? Municipalities or counties with a population of 250,000 or more, based on the most recent decennial census, are eligible for up to nine enterprise project designations during a state biennium based upon availability. Municipalities or counties with a population of less than 250,000 based on the most recent decennial census are eligible for up to six enterprise project designations during a state biennium based upon availability. How long is an enterprise project designation? The enterprise project designation is for an expansion or relocation from out-of-state, an expansion, renovation, or new construction, or other property to be undertaken by a qualified business. The designation period is a predetermined period approved by the Bank, with beginning and ending dates for each proposed project or activity. The designation period for an enterprise project may not be for a period of less than one year, nor more than five years from the date on which the designation is made. What state incentives are available to enterprise projects? Designated enterprise projects are eligible to apply for state sales and use tax refund on qualified expenditures. The level and amount of refund is related to the capital investment and jobs created at the site. Maximum Maximum potential Maximum refund per job Level of Capital Investment number of jobs refund allocated allocated $40,000 to $399,999 10 $25,000 $2,500 $400,000 to $999,999 25 $62,500 $2,500 $1,000,000 to $4,999,999 125 $312,500 $2,500 $5,000,000 to $149,999,999 500 $1,250,000 $2,500 Double Jumbo Project $150,000,000 to $249,999,999 500 $2,500,000 $5,000 Triple Jumbo Project $250,000,000 or more 500* $3,750,000 $7,500 Each project is limited to a maximum refund of $250,000 per year for five years for a regular enterprise project designation, $500,000 per year for five years for a double jumbo enterprise project and $750,000 per year for five years for a triple jumbo enterprise project. NOTE: a qualified business making a capital investment eligible to apply for a double jumbo enterprise project or a triple jumbo enterprise project must be nominated by the governing jurisdiction for the elevated designation in the nominating ordinance, order or resolution, as applicable, or the designation will automatically be for a regular enterprise project designation. A double jumbo enterprise project will count as two enterprise project designations against the 105 projects designations allowed statewide and against the four or six allowed for the governing jurisdiction. A triple jumbo enterprise project will count as three project designations for the state as well as the governing jurisdiction. *A triple jumbo enterprise project must create and/or retain a minimum of 500 jobs. What constitutes capital investment? Money paid to purchase capital assets or fixed assets including but not limited to land, buildings, labor used to construct or renovate a capital asset, furniture, manufacturing machinery, computers and software, or other machinery and equipment. Property that is leased under a capitalized lease is considered a qualified capital investment but property that is leased under an operating lease is not considered a qualified capital investment. NOTE: if using a contractor to construct the facility, a "separated contract" (a contract in which the agreed contract price is divided into separately states prices for materials and labor) must be executed. If a "lump sum" contract is executed, a claim for refund of taxes invoiced to, and paid by a third party, will not qualify for a refund under this Program. Please call the Comptroller of Public Accounts' Office at 1-800-531-5441 ext. 51083 if you have any questions regarding this issue. What is a qualified employee? A qualified employee is an employee that works at least 50% of his or her time for the qualified business at the qualified business site. What is a new permanent job? A new permanent job is a new employment position created over and above the business' current baseline that provides a qualified employee of a qualified business with employment of at least 1,820 hours of work annually and exists at the qualified business site for at least three years after the date on which a state benefit is received. Seasonal, temporary or part-time jobs are not considered to be new permanent jobs, and therefore are not eligible for state benefit through the program. What is a retained job? A retained job is a position that existed with a qualified business on the 91s' day prior to the application deadline, that has provided employment to a qualified employee of at least 1,820 hours annually and is retained throughout the designation period, or for at least three years after the date on which a state benefit is received, whichever is longer. What is a job retention project? Job retention projects are available under limited circumstances. To qualify for a job retention project, a business must present documentation to the applicant jurisdiction supporting any one of the following circumstances: (A) that permanent employees will be permanently laid off; (B) the business will permanently close down; (C) the business will relocate out of state; (D) the business is able to employ individuals in accordance with Section 2303.402; or (E) the business facility has been legitimately destroyed or substantially impaired due to fire, flood, tornado, hurricane, or any other natural disaster and that at least 60 percent of the capital investment is being spent to repair damages resulting from the disaster. All of the retained jobs must be certified by the Comptroller of Public Accounts before any benefits for jobs can be obtained. What is an existing job? An existing job is a full-time position that has existed with a qualified business, which does not qualify for benefit. The current number of existing jobs is used to determine the baseline level of employment at the time of project designation. New jobs which are created 90 days prior to the application deadline through the end of the project designation period qualify for benefit if the baseline jobs are maintained. Do leased, contract or construction employees qualify for benefit? No. All employees occupying the new or retained jobs for benefit must be under the direct, full-time and permanent employment of the enterprise project that has received the designation. How long does it take to obtain an enterprise project designation? Projects are designated typically eight to ten weeks after the project application deadline, depending on the number of applications received in that quarterly round. 11Aug09 ijl~ i I4 ~I A 01:I`1C, r~ 01, TI1t;, CT0tERNO1i Dj3'vr:1.C)1)mt,'\'r & To t'RISNI RICK PERRY GOVERNOR TEXAS ENTERPRISE ZONE PROGRAM Eligibility and Requirements Program Objective The Texas Enterprise Zone program is an economic development tool for local communities to partner with the State of Texas to encourage job creation and capital investment in economically distressed areas of the state. Participation For a business to receive state tax incentives under the Texas Enterprise Zone Program, the local community must nominate it for enterprise project designation. Each local community has a limited number of projects allocated and the state has a maximum number of 105 that can be awarded per biennium. Applications are accepted quarterly with the deadlines on the first working day of March, June, September, and December. Applications received after 5:00 p.m for each quarterly application deadline date will not be considered for that current round. Quarterly Application Deadline 90-Da window Designation Expiration 09/01/09 04/23/09 09/01/14 12/01/09 07/20/09 12/01/14 03/01/10 10/13/09 03/01/15 06/01/10 01/20/10 06/01/15 09/01/10 04/26/10 09/01/15 12/01/10 07/20/10 12/01/15 03/01/11 10/15/10 03/01/16 06/01/11 01/20/11 06/01/16 Participation Requirements ■ Enterprise project designation is up to a five year period, in addition to a 90-day window prior to the quarterly deadline application/designation date as outlined above. Employment and capital investment commitments must be incurred and met within the 90-day window through the designation expiration date. ■ Projects may be physically located inside or outside of an Enterprise Zone. ■ If located within a zone, the company commits that 25% of their new employees will meet economically disadvantaged or enterprise zone residency requirements. ■ If located outside of a zone, the company commits that 35% of their new employees will meet economically disadvantaged or enterprise zone residency requirements. • Jobs must provide employment of at least 1,820 hours during a 12-month period. • Jobs must exist through the end of the designation period, or at least three years after the date on which a state benefit is received, whichever is later. V1- OPC. x P. C). BOS 12425 AUSTIN , T-X -S"11 5 12-463-2ooo (DIAL 1-1 FOR RELAY SERA"ICES WWW.God"ERN OR. STATE. TS. US Benefits to participation Designated projects are eligible to apply for state sales and use tax refund on taxable items. The level and amount of refund is related to the capital investment and jobs created and/or retained at the qualified business site. Maximum Maximum potential Maximum refund per job Level of Capital Investment number of jobs refund allocated allocated $40,000 to $399,999 10 $25,000 $2,500 $400,000 to $999,999 25 $62,500 $2,500 $1,000,000 to $4,999,999 125 $312,500 $2,500 $5,000,000 to $149,999,999 500 $1,250,000 $2,500 Double Jumbo Project $150,000,000 to $249,999,999 500 $2,500,000 $5,000 Triple Jumbo Project $250,000,000 or more 500 $3,750,000 $7,500 A triple jumbo enterprise project must create and/or retain at least 500 jobs. Capital investment is money paid to purchase capital assets or fixed assets including but not limited to land, buildings, labor used to construct or renovate a capital asset, furniture, manufacturing machinery, computers and software, or other machinery and equipment. Property that is leased under a capitalized lease is considered a qualified capital investment but property that is leased under an operating lease is not considered a qualified capital investment. NOTE: if using a contractor to construct the facility, a "separated contract" (a contract in which the agreed contract price is divided into separately states prices for materials and labor) must be executed. If a "lump sum" contract is executed, a claim for refund of taxes invoiced to, and paid by a third party, will not qualify for a refund under this Program. Please call the Comptroller of Public Accounts' Office at 1-800-531-5441 ext. 51083 if you have any questions regarding this issue. Local communities may offer benefits to participants under the enterprise zone program as well. These may include tax abatement, tax increment financing, one-stop permitting and others. Enterprise Zone An enterprise zone is a census tract block group that has 20% or more poverty rate based upon the most recent decennial census federal poverty level information, a distressed county, a federally designated zone or renewal community. Fee There is a non-refundable application fee for consideration of an enterprise project designation. Enterprise projects will be assessed 3% on the amount of any refund benefit received under the state enterprise zone program. Contact Information For additional information on the Texas Enterprise Zone Program call (512) 936-0100. 11Aug09 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ORDAINING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING TARGET CORPORATION TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT (PROJECT); ESTABLISHING THE BOUNDARIES OF SAID ZONE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the city and to provide employment to residents of such area; and WHEREAS, the project or activity is located within the proposed enterprise zone; and WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, Target Corporation has applied to the City for designation as an enterprise project; and WHEREAS, the City finds that Target Corporation meets the criteria for tax relief and other incentives adopted by the City on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability; and WHEREAS, a public hearing to consider this ordinance was held by the City Council at or after 6:30 p.m. on July 19, 2011 in the City Council Chambers of the City of Denton at 215 East McKinney Street in the City of Denton, such date being at least seven days after the date of publication of notice of such public hearing NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City nominates Target Corporation for an enterprise project. SECTION 2. The following local incentives, at the election of the governing body, are or will be made available to the nominated project or activity of the qualified business: a) The City may abate taxes on the increase in value of real property improvements and eligible personal property that locate in a designated enterprise zone. A minimum of $5 million capital investment is required to apply. The extent to which the business receives the abatement depends upon the history and philosophy of the firm, project specifications, and the potential impact on the community. The City may offer the following incentives for businesses meeting the applicable requirements: reduced electrical utility rates, reduced infrastructure costs, grants based on new sales tax or ad valorem tax revenues generated by a company or development, triple freeport tax exemption, and industrial revenue bonds. b) The City may provide regulatory relief to businesses, including: 1) zoning changes or variances; 2) streamlined permitting. C) The City may provide enhanced municipal services to businesses, including: 1) improved police and fire protection; 2) institution of community crime prevention programs; or 3) special public transportation routes or reduced fares. d) The City may provide improvements in community facilities, including: 1) capital improvements in water and sewer facilities; e) The City may provide improvements to housing, including: 1) low-interest loans for housing rehabilitation, improvement, or new construction; or 2) transfer of abandoned housing to individuals or community groups. f) The City may provide business and industrial development services, including: 1) provision of publicly owned land for development purposes, including residential, commercial, or industrial development; 2) creation of special one-stop permitting and problem resolution centers or ombudsmen; or 3) promotion and marketing services. SECTION 3. The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. SECTION 4. The City of Denton City Council directs and designates City Economic Development Director Linda Ratliff as the City's liaison to communicate and negotiate with the EDT through the Bank and enterprise project(s) and to oversee zone activities and communications with qualified businesses and other entities in an enterprise zone or affected by an enterprise project. SECTION 5. The City finds that Target Corporation meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: a) Target Corporation is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site located in an enterprise zone in the governing body's jurisdiction and Page 2 at least twenty-five percent (25%) of the business' new employees will be residents of an Enterprise Zone or economically disadvantaged individuals. b) The property included within the boundaries of the proposed Target Corporation Enterprise Zone represents the company's 48-acre acre distribution center site on Airport and Corbin Roads as defined in Exhibit "A" and shown on Exhibit "B". SECTION 6. The enterprise project shall take effect on the date of designation of the enterprise project by EDT on September 1, 2011 and terminate on September 1, 2016. SECTION 7. This ordinance shall take effect from and after its passage as the law and charter in such case provides. PASSED AND APPROVED this the day of , 2011. MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 i V C r°. C gypp' *yq' O O O pdo ~~+f 41 ypp+ Vl 0 O b 41 '00. N 3 w aJ 3 w v U q ,O b Nj e N a o w R C 00 °cp ~ ~ ~ 0) R R ~ k k ry. R ~ O -cc ~ Vj' U 1~ O O a w w y's to q O voo` W Q .0 eu rOl w Q Q {~1 o C w r Q dl dl O V y0O L~ O~ e~ ~~3 O V o O C 3 R~ tio.~ yd,p C ,V v O O rr„ r w C o q 'C C Cl p~° ti~ o o b o ° b Nom: N 2 p m oV ~ ~ O~ ~ ° m ~ L ~yd L ~M ti 78 ri 0 4~ N v Ca0 O 0 ppo 0 O O C$ ° C ° ° p w q C w3 2 p~ I N W 3 0 ~ O I o e w H q~ C °'b0 -C \wo v'v` C p C ° ° q m Ob8. -O ° +O+ ° ° o p ro. O . e°e o U o b \ r°i b C \ C 6 rr.. $ X13 ° O v. O w O y.. m O p G V v~ O '4' O. m 3 ,m O w h lb -C- 'ID 4b K ~ ig N .w.~ ~ t:1' k w 3 $ o O ~ 3 b ~ N ~ qj C v. 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The property is located north and west of Clubhouse Drive, south of Loon Lake Road and east of Ranch House Drive. The Planning and Zoning Commission recommended approval with a restrictive overly (5-1). PROPOSAL The subject property is approximately 30.442 acres and is currently zoned NR-3. The applicant (Contrast Development) proposes to rezone the subject property with the intent to utilize the additional lot coverage permitted in the NR-4 zoning district to constrict larger single-family dwellings. Per Section 35.5.2.3 of the Denton Development Code (DDC), a maximum of 60% lot coverage is allowed in the NR-4 zoning district. This is 10% higher than the 50% lot coverage permitted in the NR-3 zoning district. Nonetheless, should the rezoning be approved as requested, the development of the subject property will be able to also utilize the increase in density provided for in the NR-4 zoning district, and all its associated standards and provisions. Based on the current acreage and NR-3 zoning designation, a maximum of 108 dwelling units can be developed on the property at the permitted maximum density of 3.5 dwelling units per acre. In comparison, a maximum of 124 dwelling units at a density of 4 dwelling units per acre could be developed on the property if this rezoning request is approved. Further, duplexes could also be developed as permitted use in the NR-4 zoning district; however, an overlay restriction recommended by the P&Z prohibits such use on the property. Staff does not anticipate the additional potential increase of sixteen (16) dwelling units to have any significant negative impact on the area, should such a density increase materialize for the proposed rezoning. Presently, water and sewer capacity, transportation network system, and school facilities are adequate to support this development including the potential increase of sixteen (16) dwelling units. BACKGROUND The subject property is developed with one (1) single-family residential dwelling unit and is currently unplatted. This dwelling unit was constricted in 1978 and is approximately 3,177 square feet in size. Per the Denton Plan, the property is also located in the Existing Future Land Use category. A neighborhood meeting was held June 13, 2011 at the Denia Recreation Complex. There were nine (9) attendees, including three (3) of the applicant's staff. One hundred and seventy nine (179) public notices were sent to property owners within two hundred feet (200') of the subject site (Exhibit 7). One hundred and fifteen (115) courtesy notices were also sent to residents within 500 feet of this proposal. As of this writing, staff has received six responses to the Notice of Public Hearing from property owners within this boundary area. DRC Findings/Recommendation Page 1 of 27 -'14;'20112: 46 : 18 PM Case#: ZII-0003 PRIOR ACTION/REVIEW • June 15, 2011, the Planning and Zoning Commission approved this rezoning request. • November 17, 2010, the Planning and Zoning Commission approved a preliminary plat for ninety (90) single-family units on this property. • April 20, 2011, PP 11-0004, the Planning and Zoning Commission approved a revised preliminary plat for the subject site which increased the number of lots from 90 to 107. On this same date, the Planning and Zoning Commission approved an Alternative Development Plan (ADP) on this property. The ADP permits the applicant to deviate from the site requirements of Section 35.13.13.1.B of the Denton Development Code (DDC) which prohibits attached front entry garages of residential dwellings to extend beyond the front building wall. The applicant is allowed to constrict garages which extend, at most, eight feet beyond the front building wall. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL (5-1) of this rezoning request, subject to the following overlay restriction: 1. No duplexes shall be allowed on this property. The Development Review Committee recommends APPROVAL of this rezoning request. EXHIBITS 1. Site Location/Aerial Map 2. Existing Zoning Map 3. Proposed Zoning Map 4. Future Land Use Map 5. Letter from the Applicant 6. Neighborhood meeting summary 7. Notice of Public Hearing Responses 8. Site Photos 9. June 15, 2011 P&Z Meeting Minutes 10. Ordinance DRC Findings/Recommendation Page 2 of 27 -'14;'20112: 46 : 18 PM Case#: ZII-0003 Prepared by: l Nana Appiah, AICP Senior Planner Respectfully submitted: Marls Cunningham, AICP, CPM Planning and Development Division Director DRC Findings/Recommendation Page 3 of 27 -'14;'20112: 46 : 18 PM Case#: ZII-0003 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: June 15, 2011 TYPE: Rezoning CC Date: Jul 19, 2011 PROJECT ZI I-0003 Project Number: Z11-0003 Request: Rezone approximately 30.442 acres from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. Applicant: Contrast Development 300 E. John Carpenter Fwy Suite 940 Irving, TX 75062 Property Owner: ULE, LLC c/o Contrast Development 300 E. John Carpenter Fwy Suite 940 Irving, TX 75062 Location: North and west of Clubhouse Drive, south of Loon Lake Road and east of Ranch House Drive Size: 30.442 acres. Zoning Designation: Neighborhood Residential 3 (NR-3) Future Land Use: Existing Land Use Case Planner: Nana Appiah, AICP P&Z Recommendation: The Planning and Zoning Commission recommends APPROVAL of this rezoning request, subject to a restrictive overlay to prohibit duplexes on the property. DRC Recommendation: The Development Review Committee recommends APPROVAL of this rezoning request. Summary of Analysis: The site is unplatted and has a zoning district designation of Neighborhood Residential 3 (NR-3), which it received in February 2002 during the city-wide rezoning and adoption of the Denton Development Code (DDC). Prior to 2002, the site zoning was One-Family Dwelling District 10 (SF-10). Permitted uses within the SF-10 district were limited to single-family homes, some civic uses and religious institutions. DRC Findings/Recommendation Page 4 of 27 -'14;'20112: 46 : 18 PM Case#: ZII-0003 The majority of the adjacent property located to the north and south of the subject site is zoned NR-4, and developed as Wind River Estates and Sundown Ranch Estates. Wind River Estates is located to the north of the subject property, and Sundown Ranch Estates is located to the south of the property. The typical lot size within the Wind River Estates is 7,200 square feet, and the typical lot size within Sundown Ranch Estates is 6,900 square feet. The property to the east has two zoning designations, Regional Center Commercial Downtown (RCC-D) and Neighborhood Residential Mixed Use 12 (NRMU-12). The majority of this adjacent property located to the immediate east is undeveloped. However, a developed commercial enclave is located farther east of the site. Uses in this commercial development include a movie theatre, restaurants, and offices. Permitted uses within RCC-D and NRMU-12, located to the immediate east, include retail sales and service, hotels, and laundry services. Given that the subject property is adjacent to an existing NR-4 zoning district on the north and south, and commercial oriented zoning districts such as RCC-D and NRMU-12 to the east, it is staff's opinion that the future development potential of the property is consistent with the neighboring single-family residences. This potential housing development may also complement existing and prospective commercial establishments which are or may be located to the east. As previously stated, there are commercial uses such as a movie theatre, offices, and restaurants located further east of this property. This development may complement such an existing commercial development. Findings of Fact 1. The applicant is requesting to rezone approximately 30.442 acres from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. 2. The subject site is located within the Existing Land U.se f tture land rise categoiy which includes existing residential uses and neir infill compatibility. Nely development should respond to existing development with compatible land uses patterns and design standards. The plait recommends that existing tleighborhoodS lvithin the City be vigorously protected and preserved Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed 3. The NR-3 and NR-4 zoning districts are irithin the Neighborhood Residential group of zoning districts whose intent is to preserve and protect existing neighborhoods to ensure that any nely development is compatible with the existing land uses, patterns and design standards. There are seven zoning districts lvithn the Neighborhood Residential land use categoiy. These include Neighborhood Residential I (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRM(J-12) and Neighborhood Residential Mixed Use (NRM(J. 4. Adjacent zoning districts include Neighborhood Residential 4 (NR-4) to the north and south, Regional Center Commercial Downtown (R('C-D) to the east, Neighborhood Residential Mixed Be 12 (NRM(J-12) to the southeast and Neighborhood Residential 3 (NR-3) to the west. 5. There are no planned C.LP. public improvements for potable water, or sanitary server, facilities serving the subject site in relation to this request. DRC Findings/Recommendation Page 5 of 27 14'0112: 46 : 18 PM Case#: ZII-0003 6 There are three main roacfiravs directly surrounding this property. These roads are Clubhouse Drive to the east, Sombrero to the south, and Ranch House Drive to the west. According to the applicant, majority of the site is currently undeveloped, however, street connections to the east (Clubhouse Drive), West (Ranch House Drive), and South (Somebrero Drive) will provide pedestrian and vehicular access to the site. 7. Clubhouse Drive is classified as a Residential Avenue Collector and is considered improved per the Transportation Criteria Manual. 8. Ranch House Drive is classified as a residential street and will be improved upon development. 9. Water is available from the existing 8" mains along Ranch House Drive and Sombrero Drive, and from the existing 12 " main along Clubhouse Drive. 10. Server is available from the existing 10" gravity main along Frontier Drive, and from the existing 8 " gravity main along Ranch House Drive. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development Review Committee finds that the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of this rezoning request subject to the following overlay restriction: 2. No duplexes shall be allowed on this property. GENERAL NOTES XOTE: Approval of this regiiest shall not constitute a waiver or variance front airy applicable development regWrenzent imless specifically noted in the con(litions of approval and consistent with the Denton Developinent Code. XOTE: All written coininents made in the application and szibsegiient mbinissions of itrforInation made (hiring the application review process, which are oar file with the City of Denton, shall be considered to be bin(I[Tg upon the applicant, provided mch coininents are not at variance with the Denton Plan, Denton Developinent Code or other developinent regWations in effect at the time of developinent. DRC Findings/Recommendation Page 6 of 27 14'0112: 46 : 18 PM Case#: ZII-0003 Surrounding Zoning Designations and Current Land Use Activity: North« est: North: Northeast: Neighborhood Residential (NR-4): Neighborhood Residential (NR-4): Regional Center Commercial Single-family residential Single-family residential Downtown (RCC-D): development develo ment Undeveloped West: East: Regional Center Commercial Neighborhood Residential 3 (NR-3): Downtown (RCC-D) and Single-family residential Neighborhood Residential Mixed development Use 12 (NRMU 12): Undeveloped Southwest: South: Southeast: Neighborhood Residential 4 (NR-4) and Neighborhood Residential 3 Neighborhood Residential (NR-4): Neighborhood Residential Mixed (NR-3): Single-family residential Use 12 (NRMU 12): Single-family residential development Undeveloped development Source: City ofDenton Geogr,aphicallgforrrration System acrd site visit by City staff Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies The subject site is located in the "Existing Land Use" future land use designation. These areas are typically established residential areas. New development should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed. New residential uses, developed under the NR-4 regulations, would be consistent with the future land use designation and therefore the Denton Plan. B. Land Use Analysis There is currently 2,287 acres designated NR-4 in the City. Of these 2,287 acres designated NR-4 in the City; 1,944.10 are shown to be developed (85%), according to the City of Denton GIS. With the exception of duplexes allowed within the NR-4 district, the difference between the NR-3 and NR-4 districts primarily relate to an increase in density from 3.5 dwelling units to the acre as allowed in the NR-3 zoning district to 4 dwelling units to the acre allowed in the NR-4 zoning district. Lot coverage and landscape areas also differ in the sense that the NR-4 zoning district allows higher lot coverage and lower landscape area provision in comparison to NR-3 zoning district. The minimum side yard for non- attached buildings in the NR-4 zoning district is also less than that required by the NR-3 zoning district. Below is a table depicting the differences between the NR-3 and NR-4 zoning districts: DRC Findings/Recommendation Page 7 of 27 -'14;'20112: 46 : 18 PM Case#: ZII-0003 Residential Land Use NR-3 NR-4 Categories Agriculture P P Livestock L(7) L(7) Single Family Dwellings P P Accessory Dwelling Units SUP SUP L(1) L(1) Attached Single Family SUP SUP Dwellings Dwellings Above Businesses N N LiveMork Units N N Duplexes N L(3)* Community Homes For the P P Disabled Group Homes N N Multi-Family Dwellings N N Manufactured Housing N N Developments *L(3)= This limitation prohibits duplexes from being located on the perimeter of a subdivision. It also requires duplexes to be designed to resemble single family homes. *The Planning and Zoning Commission recommends an overlay restriction to prohibit duplexes on this property. Commercial Land Use NR-3 NR-4 Categories Home Occupation P P Sale of Products Grown on Site N N Hotels N N Motels N N Bed and Breakfast N N Retail Sales and Service N N Movie Theaters N N Restaurant or Private Club N N Drive-through Facility N N Professional Services and N N Offices Quick Vehicle Servicing N N DRC Findings/Recommendation Page 8 of 27 14;''0112: 46 : 18 PM Case#: ZII-0003 Vehicle Repair N N Auto and RV Sales N N Laundry Facilities N N Equestrian Facilities N N Outdoor Recreation P P Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N N Administrative or Research N N Facilities Broadcasting of Production N N Studio Sexually Oriented Business N N Temporary Uses L(38) L(38) Industrial Land Use NR-3 NR-4 Categories Printing / Publishing N N Bakeries N N Manufacture of Non-odoriferous N N Foods Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and N N Distribution Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound N N Lots Kennels N N Veterinary Clinics N N DRC Findings/Recommendation Page 9 of 27 -'14;'20112: 46 : 18 PM Case#: ZII-0003 Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells SUP SUP L(27) L(27) The follo«ing limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: General Regulations NR-3 NR-4 Maximum density, dwellinq units 3.5 4 per acre - - Minimum side yard for non- 6 feet 5 feet attached buildings The follo«ing limits apply to all buildings: General Regulations NR-3 NR-4 Maximum lot coverage 50% 60% Minimum landscaped area 55% 40% Maximum building height 40 feet 40 feet Maximum WECS height 55 feet 55 feet 10 feet 10 feet plus 1 plus 1 foot for foot for each each Minimum yard when abutting a foot of foot of single-family use or district buildin buildin g g height height above above 20 feet 20 feet C. Current Zoning District Allocation Subject Property Future land Use/Zoning allocation 31.14 f acres Current Allocation in the City Developed Allocation in Change Based Upon the City Request Neighborhood 2,287 1,944 31.14 Residential 4 (NR-4) Source: City ofDenton Nearest Elementary, Middle, and High School Name of School Approximate Distance Project's Estimated Annual From Subject Property Student Generation Elementary .75 mi f 41 Middle 2 mi f 23 High School 5mi f 17 DRC Findings/Recommendation Page 10 of 27 -'14;'20112: 46 : 18 PM Case#: ZII-0003 Nearest Fire, and EMS Station Name of Station Approximate Distance From Subject Property Fire/EMS Fire Station #6, 3232 Teasley Lane 0.6 milesf Source: City ofDenton GIS; Fire Department, and E-11,1; This submittal has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject Property Estimated Im act Analysis 30.442 f acres Proposed Demand Adequate to Serve (Yes or No Permitted Density 124 units Yes Potable Water Consumption 71,424 Yes (Average) (GPD) Wastewater Generation 39,680 Yes (Average) (GPD) B. Available Capacity: Water is available from the existing 8" mains along Ranch House Drive and Sombrero Drive, and from the existing 12" main along Clubhouse Drive. Sewer is available from the existing 10" gravity main along Frontier Drive, and from the existing 8" gravity main along Ranch House Drive. C. Planned Capital Iinprovements Projects (CIP): Currently there are no CIP planned for this area. Roadways/Transportation Network: A. Estimated Demand: Subject Property Estimated Im act Analysis 30.442 acres Proposed Demand Adequate to Serve (Yes or No) Permitted Density 124 units Yes Average Annual Daily Trips (AADT) 1240 Yes PM Peak Hour Trips 124 Yes B. Available Capacity: Clubhouse Drive can accommodate this development. DRC Findings/Recommendation Page 11 of 27 -'14;'20112: 46 : 18 PM Case#: ZII-0003 C. Roadway Conditions: Clubhouse Drive is classified as improved roadway and is in good condition. D. CIP Planned Improvements: There are no planned CIP improvement projects within vicinity of this development. Environmental Conditions: A. Environmentally Sensitive Areas: The Environmentally Sensitive Areas (ESAs) map indicates undeveloped floodplain, stream buffers and water-related habitat ESAs within the limits of this subject property. Development of the parcel would be subject to all applicable City regulations for ESAs. Wells (Public/Private): Public or private potable water wells are not proposed for the site. Any development for the subject site will be required to connect to City water. Airports: The subject site is not within the boundaries of the Denton Municipal Airport Overlay District. Electric: No comment. Park Facilities: No comment. Comments from other Departments: N/A. DRC Findings/Recommendation Page 12 of 27 -'14;'20112: 46 : 18 PM Case#: ZII-0003 Exhibit 1 Site Location/Aerial Map I • '~T ~ ~ r I a fin` 1 - 1 tt I t'~^~ fi+ ~ Lc. ~ rf~ II -rte" All F, , f a r' f f i \ .i "T T f l i . ~ - ~I III~I I I I 'u :ALL:'. r I I I ar, r j~ r f I ~.I F..~~(- Yv -IT DRC Findings/Recommendation Page 13 of 27 -,'14;'20112: 46 : 18 PM Case#: ZII-0003 Exhibit 2 Existing Zoning Map T I ~ RCR-1 RCC-D I-Lr r.r~~.i t, T I. I IF.• RAT N R-4 t ..r.'r l .Ir I IL RCC-D" - - A' i i I I I I I I I i -J NR=3, "I Subject Site NRMU-12 11 _ 1 rJ':I[ I F btLL- % I~ - r t N R 4--~ NR-2 DRC Findings/Recommendation Page 14 of 27 -;ra;^_nrr a6r8PM Case#: ZII-0003 Exhibit 3 Proposed Zoning Map N R-3~ RCR-1 RCC D I~ ,.1. Q F'• F:• o, R AT NR w 1 I RCC-D~ . `r- 1 - - Ir if I ea[AhlIN s ~ . l Subject site NR-3 a u y== r- t, - NRN-IU-12 ~ - 1 4 ~ I1' {f.I `t NR4,~ ` - sr v TTF -j- L - it NR-2 i _ i _ rII a-..- DRC Findings/Recommendation Page 15 of 27 -'1a;'?n112: 4618 PM Case#: ZII-0003 Exhibit 4 Future Land Use Map Nl~ 7 L I~ Regional Mixed Use Center LIJ ti- 7 IF ~~T Existing, nd Use = i1 F r F 1 1 - 77 T - T 1 T I'~ p IF- ;a ubject Site FL, Cr -1/ Existing Land Use 1 1 t -aLLL j - - _ - -1i C= v- ;S, 1 - G, h - DRC Findings/Recommendation Page 16 of 27 -'14;'20112: 4618 PnI Case#: ZII-0003 Exhibit 5 Letter from the Applicant nic rn Wr. Estates Prgjrk Lc cri tinn A 30.4 acre tract of land as noted can Exhibit A. The property is located in the Unicorn Lake Development area and is identified on the location map included as Exhibit B. It is zoned NR-3 and is surrounded by single family residential. Zoning to the north and south of this property is 1R-4. Zoning to the west of this property is NR-3, Zoning to the east of this property is NRMU-12. The project plan anticipates 106 high quality homes (currently allowed in NR-3 zoning) in a one or two phase development with home construction starting no earlier than late 2011. Lot coverage and landscaping will be governed by the project zoning. Rezoning Re U t This rezoning request is to propose a zoning change from NR-3 to NR-4. A change from NR-3 to NR-4 will allow maximum lot coverage of 60%4 versus 50% under the existing zoning. Based on the preliminary plat that has been submitted to the City of Denton the proposed zoning change would not result in an increase in density for the project. The 107 dots (including the Shelton homestead) reflected on that plat and allowed under the NR-3 zoning will not change. Lot coverage as defined in the Denton Development code states "the portion of the lot used for building, parking, vehicular and pedestrian circulation, loading areas and outside storage areas". Our goal is to provide flexibility to prospective homebuilders that allow them to build homes that would be consistent with the size and architectural styles of the surrounding neighborhoods of Sundown Ranch and Wind River and communities such as the Preserve at Pecan Creek. in order to respond to homebu Fer , nces, most of the major homebuilders that operate in the DF market in the price range proposed for Unicorn Lake Estates offer a variety of home designs and exteriors. Many of the plans offered by these builders have larger and varied foundation footprints which result in higher design homes. In additiun, large outdoor living areas such as covered patios are options offered by the builders on many of -ir plans. Since the coverage area includes the flatwork as well as the building slab area, these larger along with their options may not be possible under the 50% lot coverage restriction in the NR-3 zondn;r; but could be possible under the 60% lot coverage allowed in the NR-4 zoning district. In summary, we are requesting a zoning change not to increase density, but to allow homebuilders greater flexibility to build larger homes with more design features and amenities. CxistinR Site Con i tons Topography -The site generally slopes 1.5% to 2.5% to the East and West. Hydrology- A majority of the site drains into an existing drainage way located at the NE corner of the property. This drainage way drains into Unicorn Lake, which provides regional detention. A small portion of the site drains to the NW corner into an existing storm drain system which also ultimately drains into Unicorn Lake. DRC Findings/Recommendation Page 17 of 27 14'0112: 46 : 18 PM Case#: Zl1-0003 Z.ezanJ ; eri jre,-_t 1 rrati r Existing Land Uses - The site is currently undeveloped and is zoned NR-3. Existing Circulation -The site is currently undeveloped, however street connections to the East (Clubhouse Dr.), Vilest (Ranch House Drive) and South (Sombrero Drive) provide pedestrian and vehicular access to the site. Existing Open Space -The site is within walking distance to Unicorn Lake. Also as part of this development we propose to preserve the existing natural area located at the NE corner of the site. Existing Infrastructure _ Each of the road connections described above provide adequate infrastructure to serve the subject property. Pr, - I Site Condidons Prol; -sed Topography - No major changes to the existing topography is proposed with this development, only typical grading required for construction of the roads and proper grading of the lots is anticipated. Proposed Hydrology -An underground storm drain system will be constructed as part of this development. This underground system will discharge water in generally the same locations as exists currently. Proposed Land Uses-This development will contain 107 single family lots. Proposed Circulation -This development will consist of a netwe °k of residential streets which will connect to the existing streets described above to provide',,-- f ar and pedestrian circulation. Proposed Infrastructure and Utilities -Adequate existing infrastructure and utilities are already to the site. These facilities will be extended into the site by constructing a network of water, sanitary sewer, drainage and electric lines to serve the development. Proposed Open Space -The NE portion of the site is proposed as open space. This portion of the site co i~ ins several ee a and drainage ways which will be preserved. i I' asures Since this proposed zoning matches a majority of the existing surrounding zoning no mitigation measures are proposed. DRC Findings/Recommendation Page 18 of 27 14' 01124616PM Case#: Zl1-0003 Exhibit 6 Neighborhood Meeting Summary A iah, Nana K. From. terry.mitchell@contrastdevelopment.com Sent: Wednesday, June 15, 2011 9:34 AM To: Appiah, Nana K. Cc: mike.brady@contrastdevelopment.com'; Boykin, Katia D; Meyer Subject: RE: Z11-0003 (Courstesy notice) At the meeting we had Monday night, besides the three partners from Contrast Development, there were 6 Denton residences in attendance: Bob Shelton, Sunny Emory, 2712 Clubhouse Dr (Sundown Ranch) Russell Miller, 2704 Loon Lake Rd (Windriver) Bill and Fran James, 2901 Siena Rd (Tuscan Hills) Bill Step, 2700 Clubhouse Dr (Sundown Ranch) The meeting was scheduled to begin at 6:30 pm but was actually started at 6:40 to allow for anyone coming late. Brad Meyer began the meeting by introducing the project and explaining why Contrast Development is.requesting the change in zoning. During that presentation he explained that the change in zoning would allow construction of houses which are 570 square feet larger due to the increase in coverage allowed by the NR4 zoning category. He also explained that while the newer zoning would allow a higher density, the amount of time and money Contrast Development has spent to date all in pursuit of the current (NR3) density has been enormous. Mike Brady added that there is no market for smaller lots in this area as evidenced by Residential Strategies, Inc. data that there have been no new permits pulled for homes on lots less than 50 feet wide in the last 12 months. There were a few questions from the residences in attendance mostly related to gaining more information from Contrast Development about the physical features of the property (will any trees be removed?, will my fence be disturbed?, will the pond remain?, etc.) but none of the attendees were in opposed to the rezoning and the larger square footage houses. One question was raised which had nothing to do with our zoning case but the two residences on Clubhouse said they had called city staff several times with no return phone call regarding the city installing a stop sign on Clubhouse Dr. at the corner of Sombrero. Terry W. Mitchell, P.E. Principal Contrast Development 300 E. John Carpenter Fsvy. Suite 940 Irving, TX 75062 214-212-6326 terry.mitchell@contrastdevelopment.coni DRC Findings/Recommendation Page 19 of 27 -;ia;2n112a616PM Case#: ZII-0003 Exhibit 7 Responses to Notifications S EN:ANDOAH IFAi€.:. V SO sJC 3~. S~c~Ly RFGF ~Fk 4 a w, tAi {J Y ENLvA -ENP 200 Ft.. s~ Notification Boundary w e r ~ .....WIMP RYVER Y .t.16A CRATE-KE p vP w 4 3 6 r PALkryn! mm.....SNagEl~NE Sl r :BELLO . Al, 11 1. 500 Ft. ; Courtesy m y€aecaan Notification Boundary 0 Gp. n6LtaW pl GE d ~VZ WESLAxarv O v C A~ a x Kii.caaFr ::S w a a Legend N SITE DF : s ?1 1 -0003 M D It @utfer aver ~ S °F'B` Public Notification Date: 6/2/11 DENTO N Pamcals ti 200' Legal Notices sent: 179 500' Courtesy Notices sent: 115 Number of responses to 200' Legal Notice: In Opposition: 2 In Favor: 2 Neutral: 2 DRC Findings/Recommendation Page 20 of 27 -r'la;'20112: 4618 PM Case#: ZII-0003 JUN-13-2011 10:528 FROM:BOB SHELTON ENTERPRI 940-536-1150 T©:9403497707 P.1/1 NOTICE OF PUBLIC HEARING Rezoning (Z11-0003) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 15, 2011 to consider making a recommendation to the Denton City Council regarding a rezoning from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential 4 (NR-4) zoning district on approximately 31.14 acres. The property is located north and west of Clubhouse Drive, south of Loon Lake Road and east of Ranch House Drive. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you f r o m attending and participating i n the public hearing.) You may fax Tt to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses In support and in opposition. Please circle one: =rf (Neutral to request) (opposed to request) Reasons for opposition: Signature: Printed Name: ~s G, C Mailing Address: W&14a 0- (1a City, State Zip: Telephone Number:' - / / / 6, Physical Address of Property within 200 feet, d CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940,349.6541 (F) 940.349.7707 200, PV Notice DRC Findings/Recommendation Page 21 of 27 -'14'011 ' 4618 PM Case#: ZI I-0003 NOTICE OF PUBLIC WEARING Rezoning (Z11-0003) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 15, 2011 to consider making a recommendation to the Denton City Council regarding a rezoning from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential 4 (NR-4) zoning district on approximately 31.14 acres. The property is located north and west of Clubhouse Drive, south of Loon Lake'Road and east of Ranch House Drive. The public hearing will start at 6,30 p.m, in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: (In favor of request) (Neutral to request) (Opposed to reques Reasons for Op osition: e ceiV~ e ice->r>Scct e~~A.~.~.1,c(- ~ (ol- C1!✓~✓`uc~f w:l~ Gze~'VU''5~~1 Cf~G~ C v iv~c ~v~s~wkina ;7yr9~.yk~s ~ I owcar e~~yc~t-irks i '12v- PeWw~ - ,C e V k V k ppa vtvv__ 1Or 0C v. e c _VJ s G~ W d (c~ Y/Z Nccl yt~ ~~ti OS[tX 1 GZO~~ . Signature: lc~tZc Printed Name: ` > Y-is UGt/L Mailing Address: Xdq L~ City, State Zip: ~ yl, ><"f 7C';10 Telephone Number: )d5-- -7~51 - ; D Physical Address of Property within 200 feet: A -0q I-00'A L -(C- 06-13-11 i2:48 In, CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 200' P&Z Malice DRC Findings/Recommendation Page 22 of 27 14 ;201124616PM Case#: Zl1-0003 NOTICE OF PUBLIC HEARING Rezoning (Z11-0003) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 15, 2011 to consider making a recommendation to the Denton City Council regarding a rezoning from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential 4 (NR-4) zoning district on approximately 31.14 acres. The property is located north and west of Clubhouse Drive, south of Loon Lake Road and east of Ranch House Drive. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Nall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST _ Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: (In favor of request) (Neutral to request) (Opposed to request) Reasons for Opposition: Signature: Printed Name: F, S t~] A Mailing Address: `2,--3 L-,, d I., LAKC ice, City, State Zip: PL' 41(6 " X 96 Z 7 Telephone Number: 0 ~ S" f i Q S- Physical Address of Property within 200 feet: S -v" E' M 5 GI ~Dti~ CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 - 940.349.8541 (F) 940.349.7707 200' P4Z Notice DRC Findings/Recommendation Page 23 of 27 -;ia;2n112a616PM Case#: Zl1-0003 I NOTICE F PUBLIC HEARING Rezoning (Z11-0003) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 15, 2011 to consider making a recommendation to the Denton City Council regarding a rezoning from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential 4 (NR-4) zoning district on approximately 31.14 acres. The property is located north and west of Clubhouse Drive, south of Loon Lake Road and east of Ranch House Drive. The public hearing will start at 6:30 p,m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. est) C (Neut(opposed to request) =r1qu1st) (In favor of requ Reasons for Opposition: Signature: >51 / Printed Name: e S r cC Mailing Address: City, State Zip: T 76 2--eETelephone Number: _2_0( IP'19 Physical Address of Property within 200 feet: ~PO/ CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 200' P&Z Notice DRC Findings/Recommendation Page 24 of 27 14' 01124616PM Case#: Zl1-0003 NOTICE OF PUBLIC HEARING Rezoning (Z11-0003) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 15, 2011 to consider making a recommendation to the Denton City Council regarding a rezoning from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential 4 (NR-4) zoning district on approximately 31.14 acres. The property is located north and west of Clubhouse Drive, south of Loon Lake Road and east of Ranch House Drive. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: (In favor of request) (Neutral to request) (Opposed to request) Reasons for Opposition: I~ , Qom, _ i~-~- • FAQ - , ~ s~ . ~ . vc+ > Z ~f 'P" i? ~t_o( Y Vri v Signature: aQ~ud f Printed Name: ,ten JT 2 Mailing Address: City, State Zip: T 7C a~~c~~.~) •L p.~z Telephone Number: Physical Address of Property within 200 feet: Sras~t« « ~t~cue 11 AV ~Z, AC S CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (E) 940.349.7707 200' P&Z Notice DRC Findings/Recommendation Page 25 of 27 -'ta;'?n112: 4618 PM Case#: Zl1-0003 NOTICE OF PUBLIC HEARING Rezoning (Z11-0003) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 15, 2011 to consider making a recommendation to the Denton City Council regarding a rezoning from a Neighborhood Residential 3 (NR-3) to a Neighborhood Residential 4 (NR-4) zoning district on approximately 31.14 acres. The property is located north and west of Clubhouse Drive, south of Loon Lake Road and east of Ranch House Drive. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request, The Commission is informed of the percent of responses in support and in opposition. Please circle one: (In favor of request) (Neutral to request) (Opposed to request) Reasons for Opposition: Signature: Printed Name: 2- rA SA - I a<" Mailing Address: ~~tt ~~~~~Wy' ~r lei City, State Zip: X]yV'lll~ Telephone Number: / "Itt()- .J)i(}l_ggc~o f { Physical Address of Property within 200 feet: 2(k 90iJS CITY OF DENTON, TEXAS CITY HALL. WEST • DENTON, TEXAS 76201 • 940.349.8541 (F) 940.349.7707 200' P&Z Notice DRC Findings/Recommendation Page 26 of 27 14' 01124616PM Case#: ZII-0003 Exhibit 8 Site Photos ~S Looking northeast toward subject site 1 Looking north toward site Looking north toward property DRC Findings/Recommendation Page 27 of 27 -'14;'20112: 46 : 18 PM Case#: ZII-0003 D. Final Plat of Lots IRA, 1RB and Lot 5R, Block 1 of the Eagle Point Shopping Center Addition, being a replat of Lots 1R, Lot 5, Block 1 of the Eagle Point Shopping Center Addition. The 14.214 acre property is located approximately 450 feet north/northeast of the intersection of Fort Worth Drive and the I-35 E Service Road, on the east side of Fort Worth Drive. The property is located within a Downtown Commercial General (DC-G) zoning district. (FR09-0001, Eagle Point Shopping Center Addition, Cindy Jackson) 1 2 Thomas motioned approval of the Consent Agenda with a second by Schaake. On roll call vote: 3 Chairman Walter Eagleton "aye", Commissioner Jean Schaake "aye", Commissioner Brian 4 Bentley "aye", Commissioner Jay Thomas "aye", Commissioner Patrice Lyke "aye", and 5 Commissioner John Ryan "aye". Motion passes (6-0). 6 4. PUBLIC HEARINGS: 7 A. Hold a public hearing and consider making a recommendation to the City Council regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 4 (NR-4) zoning district on approximately 31.14 acres. The property is located north and west of Clubhouse Drive south of Loon Lake Road and east of Ranch House Drive. (Z11-0003, Unicorn Lake Estates, Nana Appiah) 8 9 Appiah provided a land use map and site photos of the subject site. There is an existing house 10 on the property and the entire site is not platted. The current zoning is Neighborhood Residential 11 -3 (NR-3). The property is surrounded by Neighborhood Residential-4 (NR-3), Neighborhood 12 Residential -3 (NR-3), Neighborhood Residential Mixed Use-12 (NRMU-12) and Regional 13 Center Commercial Downtown (RCC-D) land use categories. 14 15 This Commission approved an Alternative Development Plan (ADP) a few months ago for this 16 site to allow garages to extend beyond the front building line. At the time the ADP was 17 approved the current zoning designation was NR-3 and the applicant is now requesting NR-4. If 18 this request is approved the applicant will have to meet the setback requirements of the NR-4 19 zoning designation. Staff sent out 179 certified notices to property owners within 200 feet of the 20 subject site and 115 courtesy notices were mailed to property owners within 500 feet of the 21 subject site. One response was received in favor of the request, one response was received in 22 opposition and one response was neutral to the request. The Development Review Committee 23 recommends approval of this request. 24 25 Eagleton stated that the only difference in the NR-3 and NR-4 land use categories he saw was 26 that NR-4 allows for duplexes. Eagleton questioned Appiah if the applicant intended to build 27 duplexes. Appiah stated it was his understanding that only single family homes would be 28 constricted, not duplexes. Appiah continued that unless an overlay restriction is added to 29 prohibit the constriction of duplexes, then duplexes would be allowed since they are an 30 allowable use within the NR-4 zoning district. 31 32 Lyke questioned page 11 of the staff report where an Environmentally Sensitive Area (ESA) is 33 mentioned and how much of the pond, heavily wooded area and flood plain would be impacted 34 and if the trees in the undeveloped areas would remain. Appiah stated that a formal site plan has I not been submitted and he will defer to that to the applicant. Schaake questioned the justification 2 for moving to NR-4. Appiah stated that the applicant wants to use the lot coverage, which has a 3 higher limit, in the NR-4. 4 5 The applicant was present to speak. 6 7 Brad Meyer, Contrast Development 8 9 Meyer stated that the whole reason for this request is for the increase of allowable lot coverage. 10 Meyer stated that in surrounding cities lot coverage is only counted by what is under the roof, in 11 Denton it is any concrete surface: driveways, patios, sidewalks, etc. The NR-3 zoning category 12 allows 50% lot coverage while the NR-4 zoning district allows 60% lot coverage. With the NR- 13 3 zoning category the maximum size of a home would be 1,781 square feet. By increasing the 14 zoning to NR-4 the maximum size of a home would be closer to 2,400 square feet. The intent is 15 to build a bigger, one-story home without going through the Planned Development (PD) process. 16 Meyer stated that his firm did host a neighborhood meeting explaining the concept to the 17 surrounding neighborhoods and the feedback was positive as it was going to be a better home. 18 19 Bentley questioned Meyer if he was the builder. Meyer stated he was not. Bentley questioned 20 why the applicant did not remove the duplex as an allowable use. Meyer stated he would go on 21 record to state that there are no intentions of duplexes and he is okay with having it removed as a 22 condition of approval. Bentley stated he understands the reasoning for wanting greater lot 23 coverage, but this development was only sited for 90 lots, not 124 - 127 lots. Citing his 24 involvement with the Tree Committee, Bentley stated it is difficult to locate stands of trees 25 within the City with easements, utilities, driveways, sidewalks, etc. Bentley stated that since the 26 applicant is requesting to reduce the green space by 10%, it is virtually eliminating appropriate 27 places where trees can be planted. Bentley stated that Dr. Hunter from the University of North 28 Texas informed the Tree Committee that those trees in the City are valued at about $12 million a 29 year in reduced infrastructure costs. Bentley stated that he understands the desire to build a 30 larger house, but he feels like the proposal is for too many houses in too tight of a space and he 31 would prefer to see the area preserved for more trees. In Denton the tree canopy coverage is 32 20% to 21% with a goal of 30% to 35%. Bentley questioned how the City can meet those tree 33 canopy goals if the Commission grants this request to allow larger houses to be built. 34 35 Meyer displayed a site map and indicated the large tree stand that will be preserved on the site 36 and stated that they are in discussions with the Parks Department to dedicate that area to the City. 37 Meyer stated that the front yard setback is the same for NR-3 and NR-4 and that is where trees 38 would be to provide a community look. Lyke stated that her concern continues with the pond 39 and trees. Lyke stated that she understands that the site plan presented is not binding with the 40 zoning change, but she questioned the applicant's intent for the pond and tree area that are 41 overlapped by the draft site plan. Meyers responded that the portion of the pond that has the site 42 plan over lay is very shallow and will be filled in and that he is working with the Corp of 43 Engineers. Meyers also stated that they are leaving the grove of trees. Meyers also stated that on 44 the previous Preliminary Plat, more land has been added. Meyers indicated on the draft site plan 45 map an area that was added and the lot count is 107, which complies with the NR-3 zoning. 46 1 2 Chairman Eagleton opened the public hearing. 4 In support, not wishing to speak: 5 6 Sunny Emery, 2712 Clubhouse Drive 7 8 In support and opposition, to speak: 9 10 Chris Puente, 2504 Loon Lake 11 12 In support to speak: 13 14 Tim Henderson, 2708 Loon Lake 15 Bill Step, 2700 Clubhouse 16 17 Citizen concerns mentioned in the public hearing included drainage, overhead telephone lines, a 18 possible duplex restriction and the need for a stop sign on Clubhouse Drive. Meyers addressed 19 the concerns stating that engineering plans have not been submitted yet, the plan is to work 20 around existing trees and send water back around and fill in Unicorn Lake. Lyke stated that the 21 stop sign issue should be addressed to the Traffic and Safety Commission. Meyers also stated 22 that a duplex restriction would meet the plan as no duplexes are planned. The proposed homes 23 are targeted to be in the $170,000 to $250,000 range. These will probably not be custom 24 builders, but Meyers re-stated that they are the developer, not the builder. 25 26 Schaake motioned approval of this request with a restriction that would not allow duplexes to be 27 constricted with a second by Thomas. On roll call vote: Chairman Walter Eagleton "aye", 28 Commissioner Jean Schaake "aye", Commissioner Jay Thomas "aye", Commissioner Patrice 29 Lyke "aye", and Commissioner John Ryan "aye", Commissioner Brian Bentley "nay". Motion 30 passes (5-1). 31 5. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. 32 33 With no further items to be discussed, Chairman Eagleton closed the Regular Session at 7:08 4 p.m. 3 salegatour documentslordinancesN I I V 11-0003.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT, ON APPROXIMATELY 30.442 ACRES OF LAND LOCATED NORTH AND WEST OF CLUBHOUSE DRIVE, SOUTH OF LOON LAKE ROAD AND EAST OF RANCH HOUSE DRIVE, WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z11-0003) WHEREAS, Contrast Development, LLC, has applied for a change in zoning for approximately 30.442 acres of land described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"), from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential 4 (NR-4) zoning district classification and use designation, with an overlay district; and WHEREAS, on June 15, 2011, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the change in zoning, with a restrictive overlay limiting a use and imposing the following condition of approval; 1. No duplexes shall be allowed on this property. WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. The zoning district classification and use designation for the Property is hereby changed from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential 4 (NR-4) zoning district classification and use designation, as further restricted by the above-recommended Overlay district. Notwithstanding the attached real property description, the property being amended includes all property to the centerline of all adjacent street rights-of-way. SECTION 3. The City's official land use map is amended to show the change in land use designation. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provision of this ordinance are severable. sAlegallour documentslordinances1111z11-0003.doc SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ~C~~t sAlegahour documenlslordinances1111z11-0003.doc EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION 30.442 ACRI=S BEING A 30.442 ACRE TRACT OF LAND SITUATED IN THE RENJAMIN LEwiS SURVEY, ABSTRACT NO. 769, AND THE JEREMIAH FISHER SURVEY, ABSTRACT NO, 421, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF A 32.116 ACRE TRACT OF LAND CONVEYED TO POO B. SHELTCN JR. AND Wirl JOANN SHELTON BY DEED R£CCR*UED IN COUNTY CLERK'S FILE NO. 2005-4$g55, REAL PROPERTY RECORDS, DENTON COUNTY. TEXAS, SAID 30.442 ACRE TRACT, WITH FEFERENCE FEARING BEING THE M0NUKNTED NORTH LINE OF SAID 32.116 ACP.E TRACT, BEING MORE PARTICULARLY C,ESCR;8ED BY METES AND SOUNOS AS FOLLOWS: BECINNINO AT A 5/5 €NCN IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JAC06S" SET FOR THE 1ORTHWEST CORNER OF SAID 32.116 ACRE TRACT, SAID POINT BEING THE COMMON NORTHEAST CORNER OF LOT 14, BLOCK A OF SUNDOWN RANCH. PHASE 2. AN AN7C?IT10N TO THE CITY OF DENTON, AS RECORDED IN CABINET R. PAGE 269-27T, PLAT RECORDS, DENTON COUNTY, TEXAS, 5410 POINT ALSO BEING ON T14E SOUTH LINE OF WIND RIVER ESTATES, PHASE VII, AN ADDITION TO THE CITY OF DENTON, AS RECORDED IN CABINET P. PACE 151-152, PLAT RCCO170S, DEII470N COUNTY, TEXAS; THENCE, SOUTH M DEGREES 07 MINUTES 07 SECONDS EAST, ALONG THE NORTH LINE OF SAID 32.1t6 ACRE TRACT, AND THE C014140N SOUTH LINE OF SAID WINO RIVER ESTATES, PHASE VII, A DISTANCE OF 1881.70 FEfl TO A 5/8 INCH IRON ROD WITH A YELLOW PLAIT#C CAP STAMPED "SAC09S" SET FOR THE NORTHEAST CORNER OF SAID 32.116 ACRE TRACT, AN4 THE COMMON SOUTHEAST CORNER OF LOT I1, BLCCK L OF SAID WIND RIVER ESTATES, PHASE V11, SAID POINT BEING ON THE WEST LINE OF A TRACT OF LAND COKVEYEO TO MAC LEGACY fNVESTIMENTS, INC., AS RECORDED IN COUNTY CLERK'S FILE NO. 2097-123669, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; rHFNCE, SOUTH 44 DECREES 27 MINUTES It SECONDS WEST. ALONG THE FAST LINE OF SAID 32.116 ACRE TRACT, AND THE COMMON WEST LINE, OF SAID MAC LEGACY INVESTMENTS, INC. TRACT, PASSING AT A DISTANCE or 32-66 FEET TO A 5/5 INCH VRON ROD WITH A YELLOW PLASTIC CAP STAMPED 'CARTER BURGESS" FOUND FOR 7AE SCL'THWCST CORNER OF SAID MAC LEGACY INVESTMENTS INC. TRACT, AND THE COMMON NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TA WINDJAMMER, LTD., A5 RECORDED IN COUNITY CLERK'S FILE NO. 98-0093401, AND CONTINUING ALONG THE WEST LINE OF SAID WINDJAANMFR TRACT, FOR A TOTAL DISTANCE Of 565.76 FEET TO A 5/$ INCH 19ON ROD WITH A YELLOW PLASTIC CAP STAMPED "JAC09S" SET FOR THE SOUTHEAST: CORNER CF SAID 37.115 ACRE TRACT, SA€O POINT BEING THE NORTHEAST CORNER OF LOT 10, BLOCK D. OF SUNDC'*N RANCH. PHASE 39, AN ADDITION TO THE CITY OF DENTQN, AS RECORDED IN CA91NET V. PAGE 854, PLAT RECCIRDS, OENTON COUNTY, TEXAS; THENCE. ALONG THE NORTH AND WEST LINES OF SAID LOT 10, HLOCK D, THE F0LL0'-WING COURSES AND DISTANCES: NORTH 93 DEGREES 37 MINUTES 50 SECONDS NEST, A INSTANCE OF 271.4$ FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP $TAMPED "JACOBS" SET FOR AN INTERIOR ELL CORNER OF SAID 32,116 ACRE TRACT, AND THE COMMON NORTHWEST CORNER OF SAID LOT 10, BLOCK D; sour! O6 DEGREES A7 MINUTES 12 SECONDS WcST, A DISTANCE OF 153.44 FEET TO .A 5/9 I11C4 $RON FOI) W'ITIA A YELLOW PLASrIt CAP STAMPED "JACOBS" SET FOR THE NORTHEAST CORNER CF LOT 9, BLOCK D OF SUNDOWN RANCH, PHASE 3. AS RECORDED IN CABINET U, PACE 768-759. PLAT RECORDS, FiENTON COUNTY, TEXAS: sAlegallour documcntslordinanccsll llzl 1-0003.doc THENCE, SOUTH 89 DEGREES 59 MINUTES 41 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 32.116 ACRE TRACT, AND THE COMMON NORTH LINE OF SAID SUNDOWN RANCH, PHASE 3, A DISTANCE OF 1612.97 FEET TO A 5/8 INCH IRON }LCD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR THE SOUTHWEST CORNER, OF SA113 32.116 ACRE TRACT, AND THE. MOST NORTHERN NORTHWEST CORNETT OF SAID S!JNDOWN RANCH, PHASE 3, SAID POINT BEING ON THE EAST UNE OF AFORESAW SUNDOWN RANCH, PHASE 2; THENCE, ALONG THE. WI:ST LINE OF SAID 32,115 ACRE TRACT, AND THE CO)*AON EAST LINE OF SAID SUNDOWN RANCH, PHASE 2, THE FCLLOWING COURSES ANU DIS l ACCES; NORTH Cl DEGREES 52 MINUTES 5D SECONDS EAST, A DISTANCE OF 231.20 FEET TO A 5/8 INCA IRON ROD WITH A YELLOW PLASTIC CAP STAM?ED "JACOBS- SET FOR THE NORTHEAST CORNER OF LOT 1, BLOCK C OF SAID SUNDOWN RANCH, PHASE 2, Skl) POINT BEING ON THE SOUTH RIGHT--OF-WAY LINE OF RANCH FIOUSE DIRIVE. (A 50 FOOT RIGHT-OF-WAY) AS RECORDETI IN CABINET R. PAGE 269-271, PLAT RECORDS, DENTON COUNTY, TEXAS; SOUTH 8S DEGREES 07 MINUTES 10 SECONDS EAST, ALONG THE SOUI'm RIGHT-OF-WAY LINT: OF SA* RANCH HOUSE CHIVE, A DISTANCE OF 15,00 FEET TO A 5/8 INCH IRON ROD WV A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 41 DEGREES 52 MINUTES SO SECONDS EAST, A DISTANCE OF 50.00 FEET TO A $/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED -JACOBS- SET FOR CORNER 011 THE NORTH RIGHT-OF-WAY LINE Cr SAID RANCH HOUSE DRIVE: NORTH 88 DEGREES 07 MINUTES 10 SECONDS WEST, ALONG THE NORTH RIGHT-OF-WtAY LINE OF SAID RANCH HOUSE DR1YE. A DISTANCE OF 15.00 FEET TO A 5/3 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED 'JACOBS" SET FOR THE SOUTHEAST CORNER OF LOT 22, BLOCK A OF SAID SUNDOWN RANCH, PHA5i 2; NORTH O1 DEGREES 52 MINUTES 50 SECONDS EAST, A DISTANCE OF 472.13 FEET TO THE POINT OF BEGINNING, AND CONTAINING 30.442 ACRES OF LAND, WORE OR LESS. AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT CAII-0003 (Teasley Trails) Hold a public hearing and consider an ordinance of the City of Denton, Texas, providing for an amendment to the City of Denton Mobility Plan. The subject property is located on the west side of Teasley Lane (F.M. 2181), north of Ryan Road); and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. The Planning and Zoning Commission recommended approval of this request with a vote of 5-1 at their July 6, 2011 meeting. BACKGROUND Hanover Property Company, Dallas (Developer) is requesting an amendment to the Connectivity Component of the Denton Mobility Plan for the proposed Teasley Trails subdivision off of Teasley Lane. The requested amendment is to not extend El Paseo Drive further east towards Helm Street within the property boundary of the proposed Teasley Trails subdivision. Exhibit 1 shows a snapshot of the Connectivity Component surrounding the proposed subdivision. The Denton Development Code Section "35.20.2.P Coordination with surrounding streets and connectivity" states "In accordance with the standards in the Transportation Criteria Manual, and using the connectivity component of the Mobility Plan, the street system for each development shall be connected with existing, proposed and anticipated streets within and outside the development and shall be extended to the property boundary of the subdivision so as to provide for adequate access, and the safe and effective movement and circulation of traffic in accordance with the Mobility Plan." The proposed plan for the Teasley Trails subdivision (Exhibit 2) will vary the above DDC provision. The Developer has submitted a Traffic Impact Analysis (TIA) in support of their requested amendment (Exhibit 3-Executive Summary). However, the TIA provides no discussion of any issues or hardships of why the proposed amendment to not extend El Paseo Drive through the proposed subdivision is requested. Staff had presented to the Developer several options of extending El Paseo through the proposed development. One of these options is attached as Exhibit 4 for discussion, and it presents staff's view of how the proposed development may integrate with the larger area for traffic consideration while complying with the Connectivity Component. Exhibit 4 requires the stubout of El Paseo Drive to the west property line of the proposed development, and routes it to create an intersection with Ranchman Drive at Teasley Lane. The Developer is responsible to constrict this portion of El Paseo within the property limits of the proposed development only. When the property west and south of and adjacent to the Teasley Trails subdivision develops the El Paseo connection with Teasley Lane as shown in Exhibit 4 will be completed. The above proposed intersection of El Paseo with Teasley Lane and Ranchman Drive creates the opportunity to provide a signalized intersection in the future based on traffic warrants. It also allows a median cut in Teasley lane, thus providing for safe passage for both left and right turns onto Teasley, from both El Paseo and Ranchman drives in the future. It also provides connectivity of traffic and an additional avenue to Teasley Lane off of El Paseo Drive in the future. I n addition, several deficiencies in the proposed plan of the Teasley Trails subdivision related to block length and access off of collector streets can be mitigated by extension of El Paseo. Developer has indicated they will pursue variances for these non-conformances to the DDC. Besides reviewing the traffic component of the proposed development, staff also analyzed water, wastewater and drainage service and impacts of the proposed development. This is being brought up so as to provide a complete view of the integration of the proposed development with the public facilities in addition to presentation of traffic impacts. Water service and drainage are not an issue. However, wastewater service needs discussion. Exhibit 4 shows an 8-inch sewer line southwest of the proposed development in Mr. Ken Newman's property. Based on the wastewater loading from the proposed development there is enough capacity in this sewer line to convey wastewater from the proposed development. However, Staff received a letter from Mr. Newman (Exhibit 5) indicating he would not provide easement for a sewer line extension through his property. In discussions with Staff, the Developer has also indicated that Mr. Newman will not engage in any discussion that results in extension of the sewer line or El Paseo through his property. However, the Developer indicates Mr. Newman is willing to provide right of way dedication in the tract owned by him south of his property. This right of way dedication will allow future extension of Monte Carlo from the proposed development to connection with Ryan Road. In addition, the off-site sewer line extension to tie to the existing city sewer line in Ryan Road can be routed through this right of way dedication. The proposed subdivision plan (Exhibit 2) as submitted by the Developer reflects this understanding. Exhibit 2 also shows a common area that has no residential lots proposed adjoining Mr. Newman's property. The amendment request was presented to the Mobility Committee on May 10, 2011. The Mobility Committee recommended approval of the amendment request. Planning Analysis The street system in Denton is designed as a hierarchy. At the top of the hierarchy is the Arterial Street which is designed as a high capacity roadway meant to connect and move traffic between major urban areas. Next in the hierarchy is the Collector Street. Collector streets are intended to provide access to residential areas and conversely from residential areas to the arterial street system. The residential street is the lowest part of the hierarchy and intended to move traffic to and from the individual residences. El Paseo Drive is designated as a Collector Street on the City of Denton's Mobility Roadway Plan and is intended to carry traffic from Country Club Drive to Helm Street. The extension of El Paseo from Montecito to Helm Street will facilitate the development of the land located between those streets. The removal of this connection will affect the future development of this area as well as the connectivity of streets which intersect with El Paseo. A portion of El Paseo has already been constricted from Belmont to Montecito with a stub out at Belmont to the west for future development to Country Club Drive and a stub out to the east for future development to Helm. It should be noted that collector streets typically do not dead end into another collector street. They connect to an arterial street to disperse the traffic out of the residential areas. If this amendment is approved, El Paseo will have a dead end at Montecito, and the traffic will be dispersed along Montecito either north to Hobson Lane or south to Ryan Road, both of which are classified as Secondary Major Arterials on the City of Denton Mobility Roadway Plan. Given the role of the Collector Street to lead traffic to and from residential areas, they are typically located on the periphery of residential neighborhoods. The surrounding zoning of the subject site consists of Neighborhood Residential Districts (Exhibit 8). El Paseo, if constricted as shown on the Connectivity Map, will potentially bring traffic from existing and future residential development in the area through the residential neighborhoods rather than around them and disperse traffic on adjacent streets. El Paseo Drive is planned to ultimately extend from Country Club Drive to Helm Street, a distance of approximately 1.67 miles as shown on the Connectivity Component Map of the Mobility Roadway Plan. Although this connection may reduce drive times to the neighborhood, there is the potential for conflicts between typical residential pedestrian traffic and the vehicle traffic traveling between Country Club Drive and Helm Lane. However, the potential for this type conflict exists in most neighborhoods that are bordered by Arterial and/or Collector Streets. The applicant held a neighborhood meeting on June 29, 2011. A total of fifteen residents attended the meeting. The residents expressed concerns regarding the anticipated increase of traffic on Teasley as a result of the proposed subdivision, the lack of traffic signalization on this part of Teasley and the issues with turning left from Teasley or conversely onto Teasley from the surrounding neighborhoods. The general consensus of the residents present was that the combination of the additional traffic generated by the proposed subdivision with the extension of El Paseo will ultimately exacerbate the poor traffic conditions on Teasley Lane. PRIOR ACTION/REVIEW (Council, Boards, Commissions) May 10, 2011: Mobility Committee recommended approval of the amendment request. July 6, 2011, Planning and Zoning Commission recommended approval of this request. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny 4. Postpone consideration. 5. Table item. EXHIBITS 1. City of Denton Connectivity Plan 2. Proposed Teasley Trails Subdivision Plat 3. Executive Summary-Traffic Impact Analysis 4. Staff Option-Extension of El Paseo 5. Letter from Ken Newman 6. Final Plat-Newman Subdivison 7. Mobility Committee Meeting Minutes 8. Zoning Map 9. Notification Map 10. Ordinance Respectfully submitted: f,(gi" P. S. Arora, P.E. DRC Engineering Administrator Exhibit 1 City of Denton Connectivity Plan l 4 u J-7 ii 0 C-j C3 I 1 - X I 0 r I II ~ ~ 1i Il = C l f _1 I8 U ; C_ l f ~ O1I Eli OIL C l W C~ C r 0I i r-~ SANTA MONICA n PAC 1< CI ~ Nu Exhibit 2 Proposed Teasley Trails Subdivision Plan F: ZOF m gJF °2 c = ~Y CL Z' P, ~p N <.Z.. h C a 3~=8 s ~ N <~j~ $~o O 3 m Sao Fob€ Z J im~l °w ¢J -Z Z~ a~ o a a y m gee pi K Y f ma m°1 0 oo F m V s g°~i yR CL ° U~_ ~ i m ~ u~vso ~ ~Ny Z o3~ ? i 9 Ewa SfpR m mam 0'' ~~vim ~il'EVp q pd m. g' €n oem`sa;a ~R'ab SH X805 ~R°°<§ y ~ x n i s w x 27 Xti v Y (-I ,°~O Sl= m a ml~ ~ ~8 £s i ~ \ 3 ,o s St - V f, B \ A8 .8 `az Ry 8 ~ \ ~ ~ 86 ' 4 M.9C,OZOOS W Y - i LANE e a\ m o ~ s~ R~ s eo.e~ae zee a9 ~ P m 1 ~/R aF i V " 3 A S " 8 9 pp T dg f aoo 5® . I m ' - F 8~ $ iaa 88 8/ $ i 8 Y~ ~.z g1 .a, s gf g ; o~1eva 3<eun P s S U >ANA I TT !'v 6 m 3.. mk' \ t t a. o & g c0 ST IET_ - _ J ,m. ° 99$ w. s ~5.„ $oa _ _ ~o. e \ iA 5 ~ i g g~a I~ RA ~ ~m~ m 8 W ,e OR g g m x8 g J 8 $ pZ ~ g8 ~ tR a on~.~q ni'Wc W R ® o ` a a gh- ~ ,o.~y ARP , I....~y S m~ 8 Jm. skm v v 11 9 Po ~ gg zo R R R & kS 6 L Y T o Y v RR R # R g ~ $ R R R $ A . o= ~v, sz oo sz.o so.oo sas> . ~ so STgE{T A +a ~ ~ ~ do 00 51w f n, M .1 N e & ~ ~ / ~ ~ I ~ ~ ,fin ~mlf• \ I oo<c .ooz oo zs oe'es as oo cs oo[.'s ~ ~ m >J' LS vo 3.C0,6 LOON ,Lg Z2f ~3,LGjV.ODN) .4Bstu M,F S OON BB erB~ ' yry, 1 e E d- ~y" ~ ~q b~Rd c\ i AIA ~oiu aos doyen /a pros sw iausoaaxa\aw\eso~ax\~»io~a\.H e L'i rri m a.. = w d z ¢ ipz ggo g > -z M e 4 m€~ v ~r ~ aN~ $$rc 9n~ R Hos 05 E°E ~ Er - 4w°°~ Z o° o ~ g y ~ 0 g - ~ 8 p 4 ,.I ~ I 5 W N + ~a. 11 d € ,m' I r W W ~ o frl S C $ • \ ~ g$ b 3K ~ l H LANE ' n.' 1 S ~ \ T \ a a - t Y ~ 4 $ ~ n' Y A S ~ - Lv-_... ._..r.___-__ _ k r." Qa w -m TI s s II n _ a m„ ~n n STREET A J +o " da nw ss 3 Sz. sz ~ z.oc' #.m' nmo ♦xc azh.or _ S 3 \ 3' z a n M Ki, ,OON .8B'Bf9L \ 3.801E N'~ Exhibit 3 Executive Summary-Traffic Impact Analysis Executive Summary The services of DeShazo Group were retained by Hanover Property Company in March 2011 to conduct a traffic impact analysis regarding a change to the Connectivity Component of the Denton Mobility Plan. The proposed modification would remove the un-built portion of El Paseo Drive between Carmel Drive and Helm Lane. This section of El Paseo Drive is currently shown as an unclassified roadway extending east of Montecito Drive and terminating at Helm Lane, another unclassified roadway, approximately 900' east of Teasley Lane (it should be noted that El Paseo is not shown to connect to Teasley). Between Montecito Drive and Country Club Road, El Paseo is shown as a collector. After performing a peak-hour intersection and link capacity analysis using existing and future volumes, it was determined that the parallel roadways (Ryan and Hobson), supported by the planned roadways included in the proposed residential development, will ultimately have adequate capacity to serve the area traffic at Level-of-Service D or better without the proposed portion of El Paseo Drive. , Several other factors-including high construction cost and potentially negative impact to adjacent neighborhoods significantly reduce the feasibility and desirability of constructing the proposed extension. In addition, adjacent property owners are in support of the removal of El Paseo Drive from the thoroughfare plan. , In conclusion, it is the finding of this report that the removal of the unclassified portion of El Paseo Drive between Carmel Drive and Helm Lane from the Connectivity Component of the Denton Mobility Plan has an insignificant impact upon the present and future traffic operations in the study area. -END - Exhibit 4 Staff Option-Extension of El Paseo L 1 ti } f i i j I; Exhibit 5 Letter from Ken Newman James Ken Newman 700 El Paseo Denton, TX 76205 March 14, 2011 VIA E-MAIL, Hanover Property Company 3001 Knox Street, Suite 207 Dallas, Texas 75205 Attention: Mr. Ben J. Luedtke, Vice President Re: Proposed Teasley Trails Development Project Number PPI 1-0002 Dear Mr. Luedtke: This letter is in response to your recent request regarding the grant of a sanitary sewer easement and a roadway right-of-way in connection with the Teasley Trails proposed development. I own a tract of land south of the proposed development and a separate tract of land on which my residence is located to the west of the proposed development. The proposed easement and roadway would be on my residential tract. My position regarding the proposed easement and roadway has been clear throughout our discussions and remains that I will not grant the easement and roadway trader any circumstances. You advised that the City of Denton was requesting that the developer secure the easement so a sanitary sewer line serving the proposed development could cross my residential tract and secure the roadway so that El Paseo Street could be extended across my residential tract and across the proposed development to connect to Teasley Road. As you are aware, when the Letter of Intent dated December 15, 2010 relating to a transaction involving my property to the south of the proposed development was discussed, I stated I would not grant the easement and roadway in connection with the proposed development. I was willing to sign the Letter of Intent because I considered that the proposed transaction would benefit my tract of land to the south of the proposed development. However, I have no interest, economic or otherwise, in your proposed development. I made clear at the time the Letter of Intent was signed that I would not grant the easement and roadway even if it meant your proposed development would not be approved. In fact, the plat of your proposed development we reviewed at the time the Letter of Intent was signed did not contemplate either the easement and roadway. 334546331SP/61351/0109/031411 Hanover Property Company March 14, 2011 Page 2 1 feel so strongly against the proposed casement and roadway that I will even resist any efforts by the City of Denton to obtain these by eminent domain proceedings. The easement and roadway are not necessary and any condemnation proceedings would be unreasonable and arbitrary. I would challenge the validity of any such threatened condemnation by legal proceedings if necessary. I have spent considerable time, effort and expense over the years toward developing the grounds on my residential tract. The proposed roadway would not only destroy a considerable portion of my property but would also severely impact the rest of my residential tract, not only in terms of economic harm but also its overall design and amenities. With respect to the sewer line easement, I understand that your plans for the proposed development provide for a reasonable alternative for the sewer line servicing the proposed development that does not cross my residential tract. With respect to the El Pasco roadway, I consider that no necessity exists for the extension of this street as contemplated by the city. I believe that the members of the surrounding neighborhoods would be of the same mind and would strongly object to that proposed extension of El Paseo Street. I trust I have clearly reiterated what has been and is still my position. Very trul yours, Ken Newm cc: Honorable Mark Burroughs Mayor City of Denton 215 E. McKinney Denton, Texas 76201 Honorable Chris Watts City Council Member 215 E. McKinney Denton, Texas 76201 Mr. P.S. Agora, P.E. City Engineer Development Review Committee City of Denton 901 Texas Street, Suite A Denton, TX 76209 3345463.3BR16135110109/031411. off= ~s o d d a 3 0 (~~wLL 3m \\°e B = N a W e \ zi p„i ooosl \ xa "gE ~ ~ ~ 3'eZbdltls ~r \ s $~s CC \s aes Q ? i w ya \ ~6~ m s - a ~p N I ~ -~U ~ \i Otl0613•Z£,2AtJ(JS EeF ~ m m C W TACOS s r a~ \ 1 ~ O a _ m m 1 m ' 99,,,, a I a II ~ V ?i I II ~ ~:t \ p~~ ~m 1tm a m a IS 13W8VJ ¢ III W m n 1=, a 9 w 8 o h S Down ~ ~ i.wr vxas d b Exhibit 7 Mobility Committee Meeting Minutes Draft Minutes of the Mobility Committee Meeting May 10, 2011 Page 4 of 8 1 stated that they might consider that (option). He believes that will happen quite a bit. Denton 2 doesn't have a robust taxi system, so if they miss the train, they will be stuck. If that happens 3 that is a customer that will not ride the train again and the PR will be brutal. Burroughs added 4 that it is just a thought. 5 6 Leggett stated that the bus service ends at 8:00 pm on Friday nights. That would be very 7 difficult to accommodate. Burroughs stated that the peer cities do not have the same situation 8 that the City of Denton has, they have other means of transportation. The City is unique in that 9 area because we do not. Leggett stated that the DCTA may not be able to address everything 10 that the A-train brings. Burroughs stated maybe there could be a taxi number or emergency 11 numbers at the train station. 12 13 Gregory asked if someone had tested the bike trail and the crossings for the trail. Leggett stated 14 that they have not. Bob Tickner, Parks Planning Administrator, stated that they are working on a 15 punch list with the contractor. Gregory stated that he had ridden it and had a concern about the 16 intersection on Colorado where you have to ride bikes were the rails are. A bike tire could get 17 caught in that area. Tickner stated he would add it to the list. 18 19 3) Receive a report, hold a discussion and provide direction regarding an amendment to the City 20 of Denton Mobility Plan requested by Hanover Property Company regarding a portion of El 21 Pasco Drive between Carmel Drive and Helm Lane. 22 23 P.S. Arora, DRC Engineering Administrator, made the presentation. Hanover Property 24 Company, Dallas (Developer) is requesting an amendment to the Connectivity Component of the 25 Denton Mobility Plan for the proposed Teasley Trails subdivision off of Teasley Lane. The 26 requested amendment is to not extend El Pasco Drive further east towards Helm Street within the 27 property boundary of the proposed Teasley Trails subdivision. Arora showed a map of the area. 28 29 The proposed plan for the Teasley Trails subdivision will vary from the above Denton 30 Development Code provision. The Developer has submitted a Traffic Impact Analysis (TIA) in 31 support of their requested amendment. However, the TIA provides no discussion of any issues or 32 hardships of why the proposed amendment to not extend El Paseo Drive through the proposed 33 subdivision is requested. 34 35 Staff had presented to the Developer several options of extending El Pasco through the proposed 36 development. One of these options are for discussion, and it presents staff's view of how the 37 proposed development may integrate with the larger area for traffic consideration while 38 complying with the Connectivity Component. This requires the stubout of El Pasco Drive to the 39 west property line of the proposed development, and routes it to create an intersection with 40 Ranchman Drive at Teasley Lane. The Developer is responsible to construct this portion of El 41 Pasco within the property limits of the proposed development only. When the property west and 42 south of and adjacent to the Teasley Trails subdivision develops the El Pasco connection with 43 Teasley Lane will be completed. 44 Draft Minutes of the Mobility Committee Meeting May 10, 2011 Page 5 of 8 1 Burroughs asked how many homes on the street to be classified as a residential collector street. 2 Arora answered it is 21 homes. 3 4 Arora stated besides reviewing the traffic component of the proposed development, staff also 5 analyzed water, wastewater and drainage service and impacts of the proposed development. This 6 is being brought up so as to provide a complete view of the integration of the proposed 7 development with the public facilities in addition to presentation of traffic impacts. Water service 8 and drainage are not an issue. However, wastewater service needs discussion. Exhibit 4 shows an 9 8-inch sewer line southwest of the proposed development in Mr. Ken Newman's property. Based 10 on the wastewater loading from the proposed development there is enough capacity in this sewer 11 line to convey wastewater from the proposed development. However, Staff received a letter from 12 Mr. Newman indicating he would not provide an easement for a sewer line extension through his 13 property. In discussions with Staff, the Developer has also indicated that Mr. Newman will not 14 engage in any discussion that results in the extension of the sewer line or El Pasco through his 15 property. However, the Developer indicates Mr. Newman is willing to provide right of way 16 dedication in the tract owned by him south of his property. This right of way dedication will 17 allow future extension of Monte Carlo from the proposed development to connection with Ryan 18 road. In addition, the off-site sewer line extension to tie to the existing city sewer line in Ryan 19 Road can be routed through this right of way dedication. 20 21 The Committee discussed the map layouts that Arora had for exhibits. 22 23 Ben Luedtke, Hanover Property Company, spoke and stated they met personally with Mr. 24 Newman. Mr. Newman stated that he would do everything he could to stop the development 25 from happening if they even showed a stubout for El Paseo in the future. Mr. Newman stated 26 that the only way he would support that is he would allow them to go through the south portion 27 of his property selling them the easement. Part of the deal was a five acre buffer to allow 28 connections. 29 30 Gregroy asked about the traffic impact projections of traffic from the development once it is built 31 out, how is that determined. 32 33 Tom Simerly, Traffic Engineer, DeShazo Group answered the question. The desired directions 34 are going to be similar to those that are already in that subdivision. If you look at the existing 35 directional distribution on Teasley, Hobson, Ryan and Country Club and get a general view of 36 where people will want to go during the am peak hours and how they return in the pm peak 37 hours. To the best of their ability they try to determine which way people will go based on right 38 turns because left turns will be harder out on Teasley Lane. They use their best judgment and 39 assign the traffic to the intersections. Gregory asked per the study that was completed, how 40 many trips will be hitting Teasley and how many trips will be hitting Ryan. Simerly stated he 41 didn't have those numbers with him. 42 43 Kamp asked about the mobility part of this, is it enough to serve this community with what is 44 being proposed, are the in's and out's adequate. Simerly answered `yes'. With what is being Draft Minutes of the Mobility Committee Meeting May 10, 2011 Page 6 of 8 1 proposed, it will not create a hardship on any portion of the community that El Pasco would have 2 crossed. 3 4 Kamp asked Arora is the mobility part of this plan, in and out of this development, is it adequate 5 to serve the community to serve the overall community. Arora stated that we have reviewed the 6 traffic distribution included in this traffic study and we are in agreement. The study has been 7 completed by a reputable company with a lot of experience and there is not a problem there. 8 9 Burroughs stated that it just isn't optimum because of the connectivity with El Pasco. Kamp 10 stated that doesn't mean we take the connectivity off of El Pasco off of the mobility plan. Arora 11 stated that if we allow this proposal then El Pasco has no way to come to the property. Simerly 12 stated that from a planning perspective, what is El Pasco connecting? Connectivity is something 13 that that goes several miles from point A to point B. This connects Teasley to Country Club, and 14 provides more of a cut-through. From a planning perspective in a residential area, a through 15 street is something that we try to avoid these days. This is the connectivity component of the 16 Mobility Plan that they are asking to amend. The question is what does it really connect? It will 17 help the residents that live in the area. 18 19 Burroughs asked about the future of a tract of empty land on a map and how it would connect. 20 Arora stated there are several options and showed the separate lots and how they could connect. 21 Burroughs asked if there were adequate places to connect to where we are not doing anything 22 that would adversely affect that area. Arora answered no. 23 24 Kamp asked as far as direction, do they proceed with this plan. Kamp asked Arora if that was 25 what he was looking for. Arora answered yes. 26 27 Burroughs stated that he doesn't believe they should do anything with the mobility plan until 28 after this makes its way through. There may be other reasons that come up that might affect the 29 plan. Burroughs then stated to leave the Mobility Plan intact until after. Make a note that if it 30 does go in the direction that is something that the Mobility Committee suggested. So that P&Z 31 will have some direction from the Committee. Kamp stated that the Mobility Plan will be 32 studied within the next year. Arora stated that the direction is that they can proceed with the 33 amendment and go to P&Z. The Committee agreed. 34 35 4) Receive a report, hold a discussion and provide direction regarding a request by the Town of 36 Flower Mound to remove FM 2499 extension as part of the scope of the DFW Connector 37 Project. 38 39 Mark Nelson talked about this item. Last month Mayor Burroughs received a letter from The 40 Honorable Melissa D. Northern, Mayor, Town of Flower Mound requesting the City of Denton 41 approve a resolution requesting that TxDOT remove the Farm to Market (FM) 2499 extension 42 from the scope of the DFW connector Project and add it to the scope of the State Highway (SH) 43 121 Section 13 Project. The Town of Flower Mound proposes that removing FM 2499 from the 44 DFW Connector and shifting it to Phase 2 of Section 13 of the SH 121 project as well as shifting 45 the administration of these improvements to the Texas Department of Transportation (TxDOT), Exhibit 8 Zoning Map IF Tl- I I s~ 1yr! 1,. j I Site NR-2 II Fs r~ 'PFtk pPr.G ,._I T71 Exhibit 9 Notification Map ~ I 1 500 Ft Courtesy Notification Area Y ti r - - _ 210 Ft. Notification s SITE ~200' Legal Notices* sent via Certified Lail: 55 500' Courtesy Notices ~ _ sent via. Regular A fad: 155 ] Number of responses to 200' Legal Notice Legend ■ In Opposition: 2 ■ CA11-tI043 L: t In Favor: 0 i 01.1 - Teasley Trails Phases 1 and 2 Neutral: 0 NOTICE OF PUBLIC HEARING CA11 0003 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 15, 2011, to consider making a recommendation to City Council regarding a proposed amendment to the Mobility Plan of the City of Denton. The subject property is located on the west side of Teasley Lane, north of Ryan Road. The public hearing will start at 6:30 p.m, in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Cindy Jackson, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request , Rq,psons for Opposi 'ion, 1 ~ ) f r_ Ct;}. L", ('a^ t J 1~d~(, l Z 2 L4 Us'Y1 L~tJSC`(, ~-VC Sf.., . V' 9 - !2. riet, C". 4k r7 f r_'~-r ~Cr ~~Cx, a ~ {`~~2r ~ u~-r°° ~:~tr YE zrz - U-t k, Ae-, J:wyCA H c 't)t Lte of ont o- eswri y cod[ Vk?_ j~ { t q l( C 32LVZt~~2E r, ~{ig( f' C7t'C'S' Ct<S C [ I- `t iiC (ilf Vt,SI F.. ~ r ey l.'ylrzl r 6 0e,., (9f LJJ(J )I 't L'~e te' ~e_ IS(-(-cr' "'C ej C01 (At 7 Signature: ll~"ry't,l r ` f1; (I Printed Name. t Jhi' &JK? Mailing Address: 1l«1 City, State Zip: ~"Y ~ &2,tfO +;r Telephone Number: - ' ~K i Physical Address of roperty within 200 feet: it .2,* ISenkocz s _ ra yc- CITY OF DENTON, TEXAS CITY HALL WEST - DENTON, TEXAS 76201 • 940.349.8541 (F) 940.349.7707 ?Ott' Ph! Phdrc:e 06/04/11 11:55PM CDT '5126726267' -7 9403497707 Pg 2/2 CA11-0003 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 15, 2011, to consider making a recommendation to City Council regarding a proposed amendment to the Mobility Plan of the Ci of E7etoa~~}i' 1e subject property is located on the west side of Teasley Lane, north of Ryan Road. P The publio hearing will start at 6;301 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own properly within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off In-person: Planning and Development Department 221 N. Elm ST Denton, Vexes 76201 Attn: Cindy Jackson, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in napposition. Please circle one: In favor of request Neutral to request apposed to request 1 Reasons for Opposition: Lj 0 ut dl~ Signature; Printed Name: Mailing Address: ? City, State Zip: a Telephone Number: 'z y Physical Address of Property within 200 feet: P7;26 ct rt i i 1~ % ~r CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349,7707 -1 cu I-__ Uodadldepartmentsllegallour documentslordinancesll llca11-0003 teasley trails.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (CA11-0003) WHEREAS on December 7, 1999, the City of Denton Adopted the Denton Plan, 1999-2020, the Comprehensive Plan of the City of Denton, Texas; and WHEREAS, on July 6, 2011, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested Mobility Plan Amendment; and WHEREAS, the City Council finds that the Mobility Plan Amendment is in the best interests of the health, safety and general welfare of the citizens of the City of Denton Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Mobility Plan of the Denton Plan is hereby amended as explained in Exhibit "A" - Proposed Changes, and as shown on Exhibit "B". SECTION 3. The City's official Mobility Plan map is amended to show the change in future roadways. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. This ordinance shall become effective immediately from and upon its passage and approval PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY y. BY: L-+r~ Exhibit A PROPOSED CHANGES Remove the extension of El Paseo Drive east towards Helm Street within the property boundary of the proposed Teasley Trails subdivision, Exhibit B MOBILITY PLAN MAP x w F1 J LI 400 ! C1 F 2, TE I CARMEL ~I LA ?I I ~ ~ a E ,AJ i Gl NSA i wm w I ! . In t y I I I . I u !x Y I I I . AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2011 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - Z08-0021 (Robson Ranch Planned Development, PD-173) Hold a public hearing and consider adoption of an ordinance regarding a 1,805.78± acre Detailed Plan to amend two (2) previously approved Detailed Plans. The subject Detailed Plan will allow: (1) the creation and subsequent development of 4,288 single-family residential lots; (2) a golf course; (3) a baseball field; (4) the relocation of a previously approved gas ark (Gas Park 13) approximately 307 feet north from its previously approved location, and (5), the elimination of a previously approved gas park (Gas Park 9). The subject site is located north of Crawford Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPC10-0001); and providing for a penalty in the maximum amount of $2,000 for violations, thereof, severability and an effective date. (Z08-0021) The Planning and Zoning Commission recommends approval subject to conditions (4-1). PROPOSAL The applicant (Robson Denton Development, LP) is requesting approval of a sixth (6th) Detailed Plan for the Robson Ranch Planned Development (PD-173). The approval of the subject Detailed Plan will effectually amend two (2) Detailed Plans that were previously approved via Ordinance 2000-059 on February 15, 2000, and Ordinance 2003-324 on October 7, 2003. Taking into account all other previously approved Detailed Plans associated with this PD, if this Detailed Plan is approved, it will allow in addition to other developments, a total of 6,037 single- family residential lots and ten (10) Gas Parks. Overall, 7,500 residential units were approved with the Concept Plan. BACKGROUND On August 3, 1999, the City Council approved a Planned Development District (PD) Concept Plan known as Robson Ranch (PD-173). The approved PD contained a total of 2,725 acres and was comprised of six (6) land use categories. Each land use category provided for specific permitted uses; however gas well drilling and production was not included as a permitted use in any of the six (6) land use categories. The following is a list of the six (6) land use categories that are authorized by PD-173: 1. Residential (R); 2. Neighborhood Services (NS); 3. Outdoor Recreation (OR); 4. Community Services (CS); 5. Parking (P); and, 6. Streets and Right-of-Way (R.O.W). DRC Findings/Recommendation Page 1 of 35 -'14;'30111: 18 : 06 PM Case#: Z08-0021 On February 15, 2000, via Ordinance 2000-059, the City Council approved a 1,361-acre Detailed Plan for this PD containing 3,393 single-family residential lots; a 3413-acre golf course; 79.1 acres of open space; a 1.1 acre office site; and 63.3 acres to allow for right-of-way alignment. To date, only 1,749 of the 3,393 single-family residential lots allowed by the approved Detailed Plan have been platted. The platted area is shaded and labeled as "existing improvements" on the Detailed Plan map (See Exhibit 12). There are no proposed changes to this platted area. The remaining 1,364 acres of the original 2,725-acre PD were not governed by this Detailed Plan; however, they were still subject to the approved Concept Plan. The purpose of amending this Detailed Plan via the currently proposed Detailed Plan amendment is to change the configuration of portions of the remaining un-platted areas and incorporate it into the subject proposed Detailed Plan. On July 17, 2001, the City Council approved an amendment to the PD Concept Plan via Ordinance 2001-247 to allow gas well drilling and production as a use within PD-173, subject to a Detailed Plan approval. These gas well drilling and production sites were referenced to as Gas Parks and their locations as shown on the on the approved PD Concept Plan Map were considered as being tentative. The exact location of each Gas Park was to be determined through an approved Detailed Plan by the City Council. In addition, each Gas Park was required to contain a minimum of five (5) acres and be located at least 100 feet from a residential property or 300 feet from a public assembly area, institution, or school. Per a note on the approved PD Concept Plan, "gas wells will be drilled before constriction no closer than 100 feet of residential property and 300 feet of a public assembly area, institution, or school and any other provision of the City of Denton Fire Code". Per Ordinance 2001-247, each Gas Park is to be converted into recreation and open space after gas drilling and production is terminated. Termination, in this instance, refers to the stage after gas well(s) have been plugged and abandon in accordance with the applicable City of Denton and Texas Railroad Commission regulations. (See Exhibit 6) On October 7, 2003 via Ordinance 2003-324, the City Council approved a second (2" d) Detailed Plan for PD-173 to allow the development of five (5) Gas Parks at separate locations on a total of 67336 acres within the Robson Ranch PD. The Gas Parks were referenced as Gas Parks 7, 8, 9, 10, and 11. Currently, three (3) of these Gas Parks (7, 10, and 11) have been developed. Since the approval of this Detailed Plan, Gas Park 8 has been renamed Gas Park 13. (See Exhibit 12). At the applicant's request, Gas Park 9 will be officially eliminated if the currently proposed Detailed Plan is adopted; therefore, it is not shown on the subject proposed Detailed Plan. Amending the proposed Detailed Plan will also relocate Gas Park 13 approximately 307 feet north of its previously approved location. According to the applicant, the steep nature of the terrain of the currently approved location of Gas Park 13 makes it impractical to drill gas wells on the site. On November 4, 2008 via Ordinance 2008-285, the City Council approved a third (3rd) Detailed Plan for PD-173 to allow the development of two (2) Gas Parks at separate locations on a total of 10 acres within the PD district. These two (2) Gas Park were referenced as Gas Park A and B, and are located adjacent Michelle Way. (See Exhibit 8). DRC Findings/Recommendation Page 2 of 35 14'0111: 18 : 06 PM Case#: Z08-0021 On April 7, 2009 via Ordinance 2009-084, the City Council approved a third (3rd) Concept Plan amendment for PD-173 to relocate a gas storage tank facility from the western property boundary, approximately 500 feet from Florence Road, to the south western property boundary, approximately 500 feet from Crawford Road. On the same date, the City Council also approved a fourth (4th) Detailed Plan via Ordinance 2009-085 to allow the development of three (3) additional separately located Gas Parks. These Gas Parks were referenced as Gas Parks D, E, and F (See Exhibit 10). The approval of this PD Detailed Plan allowed for a total of ten (10) approved separately located Gas Parks. The Detailed Plan also included the storage tank facility that was relocated via Ordinance 2009-084. On April 21, 2009 via Ordinance 2009-103, the City Council approved a fifth (5th) Detailed Plan for PD-173 to allow the development of one (1) additional Gas Park. This Gas Park was referenced as Gas Park G, and is located at the south eastern corner of this subject PD (See Exhibit 11). The approval of the Detailed Plan allowed for a total of eleven (11) approved separately located Gas Parks. The following is a chronology of Concept Plan and Detailed Plan activities associated with PD- 173, as stated above: Application Acreage Approval Date Allowed Uses (See Exhibits) Concept Plan (Ord. 99-265) 2,725 Aug. 3, 1999 Exhibit 4 Detailed Plan for residential and golf course uses (Ord. 2000- 1,361.3 Feb. 15, 2000 Exhibit 5 059) Amended Concept Plan to allow gas well operations and to 2,275 Jul. 17, 2001 Exhibit 6 amend landscaping requirements (Ord. 2001-247) Amended Concept Plan to change location of gas parks and NA Oct. 7, 2003 Exhibit 7 approve a Detailed plan for 5 gas parks (Ord. 2003-324) Approved Detailed Plan to allow for the development of two gas 10 Nov. 4, 2008 Exhibit 8 well parks. These two gas wells are located on Michelle Way (Ord. 2008-285) Amended Concept plan to allow for the relocation of a storage 2,725 Apr. 7, 2009 Exhibit 9 tank facility (Ord. 2009-084) Approved a Detailed Plan for three gas parks and a storage 20 Apr. 7, 2009 Exhibit 10 facility (Ord. 2009-085) Approved a Detailed Plan for one gas park (Ord. 2009-103) 5 Apr. 21,2009 Exhibit 11 PUBLIC NOTIFICATION Thirty-nine (39) public notices were sent to residents within two hundred feet (200') of the site via certified mail (Exhibit 20). As of this writing, staff has received no responses from property owners within the 200-foot notification area. In addition to the above certified notices, Staff also sent one hundred and twenty-seven (127) notices via regular mail to property owners beyond the aforementioned 200-foot area, extending notification to an additional three hundred feet (300'). One thousand one hundred and seventy DRC Findings/Recommendation Page 3 of 35 -'14;'30111: 18 : 06 PM Case#: Z08-0021 seven (1,077) additional courtesy notices were also sent to all property owners within this PD district. PRIOR ACTION/REVIEW 1. Planning and Zoning Commission June 1, 2011 OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of this Detailed Plan, subject to the following conditions: 1. All original conditions of approval and subsequent modifications associated with PD 173 shall remain valid, unless specified herein, and to the extent not shown on the Detailed Plan, the City Codes shall govern [P&Z] 2. The Detailed Plan as submitted and shown in Exhibits 12, 13, 14, 15, 16, 17, and 18 shall guide the development of this PD. [P&Z] 3. Prior to approval of a plat, the applicant shall submit a report showing the proposed water and sewer demand for the use. The City's denial or approval shall be contingent upon available capacities to service the project. [P&Z] 4. The standards for new gas well drilling and production shall be the same as in DDC Subchapter 22, except as noted below: No gas well drilling or production area may be located within one hundred feet (100') of any residential property or three hundred feet (300') of any public assembly area for approved Gas Park Detailed Plan sites. [P&Z] The Development Review Committee recommends APPROVAL, subject to the conditions above. EXHIBITS 1. Site Location/Aerial Map 2. Zoning Map 3. Future Land Use Map 4. 1999 Approved Concept Plan (Ord. 99-265) DRC Findings/Recommendation Page 4 of 35 -'14;'30111: 18 : 06 PM Case#: Z08-0021 5. 2000 Approved Detailed Plan (Ord. 2000-059) 6. 2001 Approved Concept Plan (Ord. 2001-247) 7. 2003 Approved Detailed Plan (Ord. 2003-324) 8. 2008 Approved Detailed Plan (Ord. 2008-285) 9. 2009 Approved Concept Plan (Ord. 2009-084) 10. 2009 Approved Detailed Plan (Ord. 2009-085) 11. 2009 Approved Detailed Plan (Ord. 2009-103) 12. Proposed Detailed Plan 13. Proposed Detailed Land Use Plan 14. Proposed Water System Detailed Plan 15. Proposed Sewer System Detailed Plan 16. Proposed Open Space Plan 17. Proposed Screening and Fence Plan 18. Proposed Detailed Plan for Gas Park 13 19. Introductory Letter from Applicant 20. Notification Information Map 21. Planning and Zoning Commission, June 1, 2011 Meeting Minutes 22. Ordinance Prepared by: Nana Appiah, AICP Senior Planner Respectfully submitted: Marls Cunningham, AICP, CPM Director of Planning and Development DRC Findings/Recommendation Page 5 of 35 -'14;'30111: 18 : 06 PM Case#: Z08-0021 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: June 1, 2011 TYPE: Detailed Plan Amendment CC Date: Jul 19, 2011 PROJECT Z08-0021 Project Number: Z08-0021 Request: Approval of a Detailed Plan for the development of 4,288 residential units, a golf course, a baseball field, and to alter the location of an approved Gas Park to approximately 307 feet north of its current location. Applicant: Robson Communities, LLC Property Owner: Robson Denton Development, LP 9535 E. Riggs Sun Lakes, AZ 85248-7463 Location: The property is located north of Robson Ranch Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPC 10-000 1). Size: 1805.78 acres ± Zoning Designation: Planned Development 173 (PD 173) Future Land Use: Neighborhood Centers Case Planner: Nana Appiah DRC Recommendation: The Development Review Committee (DRC) recommends Approval of Z08-0021 subject to conditions. Summary of Analysis: Section 35-154 of the City of Denton Zoning Ordinance provides standards by which a Detailed Plan is to be evaluated. Such standards include showing permitted land uses and the acreage for each use, adjacent or surrounding land uses, zoning, streets, drainage facilities, existing or proposed off-site improvements, the location and size of all alleys, parking lots and parking spaces, loading areas to be used for vehicular traffic, access and connection to existing or proposed streets, traffic generated by the proposed uses, the maximum height of all buildings, the maximum total floor area, the location of water retention areas and major drainage facilities, and the location of all major utilities. DRC Findings/Recommendation Page 6 of 35 -'14;'30111: 18 : 06 PM Case#: Z08-0021 The applicant has submitted a Detailed Plan (See Exhibits 12, 13, 14, 15, 16, 17, and 18) demonstrating how these requirements shall be met. The proposed Detailed Plan shows categories of land uses apportioned to each type of development. The uses comprised of residential, recreation and open space amenities, and a Gas Park. Four thousand two hundred and eighty eight (4,288) residential units are being proposed. These units comprise different lot sizes and housing module types. Four main housing unit module types are proposed. These housing modules are single family preserve with a typical lot size of 14,000 square feet, single family premier with a typical lot size of 8,400 square feet, single family tradition with a typical lot size of 6,000 square feet, and single family duplex with a typical lot size of 4,950 square feet. The housing module types proposed are peculiar to the Robson Ranch PD and not a specific housing type defined in the City's Development Code. Non-residential uses are also being proposed. The non residential uses include a golf course, a baseball field, and one Gas Park. In addition, there are other non-residential areas also to be developed. However, the applicant has stated that he does not have specific Detailed Plans for those areas and prefers to show such areas as "future development". Specific Detailed Plans will be submitted when the applicant is ready to develop those sites. Further, this proposed Detailed Plan shows open space areas and a landscaping plan including a planting schedule and the types of trees to be planted within the development. The landscape plan and planting schedules have been reviewed and approved by the City's Landscape Administrator. Thoroughfares for the development are shown on the Detailed Plan (See Exhibit 12). Typical street sections for roads within the development including sidewalks are included. Four main access points are being proposed for the development. Currently, two of these roads, Ed Robson Boulevard and Michelle Way service the development. These two roads connect to Lively Road, which is located south of the development. The plan also shows two other access roads, Robson Ranch Crossing and the north section of Ed Robson Ranch Road. Currently, these two roads are undeveloped. The locations of water lines, sewer facilities, and retention areas are shown on the Detailed Plan. The Detailed Plan has been reviewed and approved by the Development Review Committee (DRC). Findings of Fact 1. The request is a Detailed Plan to alloly the development of 4,288 residential units, a golf course, and modifv the location of one Gas Park by relocating it approximately 307 feet north from its current position. 2. On August 3, 1999, the City Council approved a Planned Development District (PD 173) Concept Plan by Ordinance number 99-265 on 2, 725 acres. 3. On July 17, 2001, the City Council approved an amendment to the Concept Plan (Ordinance Number 2001-247) to alloly gas hell drilling and production irithin the 2,275 acre Planned Development District. 4. Per Ordinance Number 2001-247, fifteen to twenty (15-20) Gas Parks were approved lvithin the Robson Ranch Planned Development District (PD-173). DRC Findings/Recommendation Page 7 of 35 -'14;'30111: 18 : 06 PM Case#: Z08-0021 5. Per Ordinance Number 2001-247, each location of a Gas Park shall be determined by a Detailed Plan. Each Gas Park shall contain a minimum of eve acres and be located at least 100 feet from a residential property or 300 feet from a public assembly area, institution, or school. 6 On October 7, 2003, the City Council approved a Detailed Plan by Ordinance Number 2003-324 to allow five (5) Gas Parks on 673.36 acres. 7. Oil November -l, 2008, the City Council approved a Detailed Plan by Ordinance Number 2008-285 to allow for the development of two (2) Gas Parks on 10 acres. 8. Oil April 7, 2009, the City Council approved a Detailed Plan by Ordinance Number 2009-103 to allow three (3) Gas Parks and storage tank facility on 20 acres. 9. Oil April 21, 2009, the City Council approved a Detailed Plan by Ordinance Number 2009-103 to allow one (1) Gas Park on 5 acres. 10. The site is within the Neighborhood Centers Future Land U.se District. 11. Per Element 3 of the Denton Plan, "Neighborhood Centers ",future land use areas are to be developed in conventional patterns or may be developed in a pattern of `neighborhood centers'. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood A neighborhood center might contain a convenience store, small restaurant, personal service shop, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. 12. Per Ordinance Number 99-265 and 2001-247, the proposed uses within PD-173 includes multiple residential, commercial, recreation, institutional, and industrial uses designed to be in harmonv with each other. Per Ordinance Number 2001-247, Gas Parks are a permitted use within PD-173. 13. The subject site is not located within a Historic or Conservation district. 14. The Water Utilities Department has tentatively agreed to release the proposed Detailed Plan, provided that it incorporates a requirement that any plat must demonstrate resolution of all outstanding water and sewer capacity issues for the development. Improvements to the public water and sanitary sewer svstems will be required, at Developer's expense. 15. The subject site has vehicular access to Robson Ranch Road, Florence Road, and Livelv Road Robson Ranch Road is a County Road and is classified as a Secondary Major Arterial. Florence and Livelv Roads are also County Roads and are classified as Residential Avenue Collector per the City of Denton Mobility Plan. DRC Findings/Recommendation Page 8 of 35 14'0111: 18 : 06 PM Case#: Z08-0021 16 According to the City's Geographic Information System, a portion of the property is located within flood zone A. The applicant is not proposing anv Gas Park within the flood zone. 17. The Robson Ranch Planned Development is served by the City of Denton water and sewer svstems. 18. Per the City's Engineering Department, the anticipated water and sewer demand for this development will be assessed during platting of each proposed use. 19. The anticipated transportation demand is approximately 23, 751 vehicle trips per day 20. According to the City of Denton Fire Department, this property is serviced by the City's Fire Station -7, located at 4201 Vintage Parkivav. Planning and Zoning Commission Recommendation The P&Z recommended APPROVAL of this Detailed Plan amendment (4-1) at its meeting on June 1, 2011 subject to the following conditions: 1. All original conditions of approval and subsequent modifications associated with PD 173 shall remain valid, unless specified herein, and to the extent not shown on the Detailed Plan, the City Codes shall govern. [P&Z] 2. The Detailed Plan as submitted and shown in Exhibits 12, 13, 14, 15, 16, 17, and 18 shall guide the development of this PD. [P&Z] 3. Prior to approval of a plat, the applicant shall submit a report showing the proposed water and sewer demand for the use. The City's denial or approval shall be contingent upon available capacities to service the project. [P&Z] 4. The standards for new gas well drilling and production shall be the same as in DDC Subchapter 22, except as noted below: No gas well drilling or production area may be located within one hundred feet (100') of any residential property or three hundred feet (300') of any public assembly area for approved Gas Park Detailed Plan sites. [P&Z] Development Review Committee Based on the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions, the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of Z08-0021 with conditions as stated above. GENERAL NOTES DRC Findings/Recommendation Page 9 of 35 14;''0111: 18 : 06 PM Case#: Z08-0021 XOTE: Approval of this redztest shall not corrstitztte a waiver or variance front arry applicable developnzerrt redztirenzerrt ztrrless specifically noted in the conditions of approval and consistent with the Denton Developinent Code. XOTE: All written coininents made in the application and sztbsedztent mbinissions of itrforInation made (hiring the application review process, which are on file with the City of Denton, shall be considered to be bir(&W upon the applicant, provided mch coininents are not at variance with the Denton Plan, Denton Developinent Code or other developinent regztlations in effect at the time of developinent Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Citv of Denton (ETJ): RD-5/ETJ: AMPC10-0001/NWC07-0002: Single-family units, Vacant property Single-family unit, Vacant property Vacant property West: East: City of North Lake: AMPC10-0001: Single-family units, Vacant property , Vacant property South« est: South: Southeast: Citv of North Lake: Citv of North Lake: Citv of Argvle Single-family units, Vacant property Single-family units, Vacant property Single-family units, Vacant property Source: City ofDenton Geographicallgformation Svstem and site visit by City staff Summary of Surrounding Current Land Use Activity: The southern portion of this PD is developed with residential homes, recreational amenities, and six (6) Gas Parks. One thousand three hundred and one (1,301) building permits have been issued for the development. There are also recreational amenities such as golf courses, tennis courts, and a swimming pool constricted on the southern section of this development. The majority of the northern section is undeveloped, except the constriction of three (3) Gas Parks (Gas Park 7, 10, and 11). Most of the surrounding properties to the north are undeveloped. However, there are few single-family homes located to the north, south, and west of the property. Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies: The property is within the Neighborhood Centers future land use category per the Future Land Use Map of the Denton Plan. Per the Land Use Element of the Denton Plan, Neighborhood Centers should develop in conventional patterns or may be developed in a pattern of `Neighborhood Centers'. The Plan recommends Neighborhood Centers to be oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. DRC Findings/Recommendation Page 10 of 35 -'14;'30111: 18 : 06 PM Case#: Z08-0021 Staff finds that the Detailed Plan as proposed is consistent with the Denton Plan. The proposed uses of residential, retail, offices, and other recreational amenities conforms to the objective of Comprehensive plan for Neighborhood Centers. B. Land Use Analysis: Per Section 35-136 of the City of Denton Zoning Ordinance, planned development districts are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community. Staff finds this request consistent with the intent of the Planned Development District. As stated, this PD is comprised of multiple uses such as residential, offices, retail, and amenities. Most of the commercial uses have not been constructed However, according to the applicant, these uses would be developed once there is considerable interest from merchants. C. Current Planned Development District Allocation Land use category Acres f Residential 1926.1 Outdoor Recreation 662 Parking 8.1 Neighborhood Services 37.1 Community Services 14.1 Total 2,725 Nearest Elementary, Middle, and High School This is an adult retirement community. Staff does not anticipate this development to produce any elementary, middle or high school students and therefore will not impact the associated Independent School District. Nearest Fire and EMS Station Name of Station Approximate Distance From Subject Property Fire Station #7, 4201 Vintage ± 9.3 miles Parkways This proposed development has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. DRC Findings/Recommendation Page 11 of 35 -'14;'30111: 18 : 06 PM Case#: Z08-0021 Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Robson Ranch is served by the City of Denton water and sewer systems. According to the Water Utilities Department, the estimated water and sewer demand for this development will be assessed during platting of each proposed development. B. Available Capacity: Robson Ranch is currently served by a 20-inch City water main along Robson Ranch Road, and by City's sewer collection and treatment facilities within Robson Ranch. There are existing water and sewer capacity problems associated with the existing development. An assessment of each proposed development shall be evaluated during platting of each development. C. CIP Planned Improvements: The Water Utilities Department has tentatively agreed to release the proposed Detailed Plan, provided that it incorporates a requirement that any plat must demonstrate resolution of all outstanding water and sewer capacity issues for the development. Improvements to the public water and sanitary sewer systems will be required, at Developer's expense. Roadways/Transportation Network: A. Estimated Demand: Subject Property Estimated Impact Analysis 2725 f acres Proposed Demand Adequate to Serve (Yes or No) Average Annual 231,751 Yes (upon improvements Daily Trips (AADT) to Liver Road) B. Available Capacity: Robson Ranch Road, Lively Road and Florence Road will have the capacity to accommodate the proposed development upon improvements made to Lively and Florence Roads. C. Roadway Conditions: Robson Ranch Road is an improved 4-lane roadway. Lively Road and Florence Road are classified as unimproved and will be required to be improved when warranted. D. CIP Planned Improvements: DRC Findings/Recommendation Page 12 of 35 -'14;'30111: 18 : 06 PM Case#: Z08-0021 The City of Denton has no planned improvement for the transportation facilities serving the subject site. Environmental Conditions: There are Environmentally Sensitive Areas (ESAs) associated with the subject site. Many of these areas are identified as open space (OS) on the proposed Detailed Plan (See Exhibit 4, and 8). Staff recommends that these areas be maintained in its natural state. Wells (Public/Private): No public or private portable water wells are proposed for the site. Airports: The subject site is not within the boundaries of the Denton Municipal Airport Overlay District. Electric: No Comment Park Facilities: The Park Land Dedication and Development Ordinance will continue to be applied to this development. The Park Land Dedication requirement has been met by the Robson Ranch Development as 16 acres of land has been dedicated and set aside for future development in the northwest corner of the residential community. Park Development fee will continue to be paid at time of obtaining a residential building permit. This equals $145.50 per unit per Ordinance 2003-365. Comments from other Departments: N/A DRC Findings/Recommendation Page 13 of 35 -'14;'30111: 18 : 06 PM Case#: Z08-0021 Exhibit 1 - Site Location/Aerial Map y Gas Park 7 Ord# 2003 -3 24 Gas Park 13 Gas Park 11 Ord#:2003-324 Ord#:2003-324°"_ Gas Park E Ord#:2009-085 Gas Park 10~ Ord#:2003 -324 Gas Park B Gas Park D Ord#:2008-285 Ord#2009-085 Gas Park A 4 Ord#:2009-085 • n, rsr t a*I { ~V f+~ x1V T 1 ~V ~ I. Gas Park F and 4~-)41 ~r`I I• ° z Gas Park G Storage Tank Ord#:2009-103 -i Ord#:2009-085 Baseball Field t::.. i . , DRC Findings/Recommendation Page 14 of 35 141'011 1a8 06PnI Case#: Z08-0021 Exhibit 2 - Zoning Map RED-5 m x SEAB©RN W N~ ' a z City of Denton (ETJ) PD-17, MPC PD-173 r ~ti 1s jF F"4LryL~'r~ 1 `'~'31r~`.JIR'ryru1~[ a zz ti~ ~ 11 5 s City of North P M fc Lake i It r ~ ~ ~ ~ - City of North City of North Lake Lake LgendE ~.RaS Robson Ranch ,1 F Parcels MPC Zoning ~fFeh ® P° Z08-0021 DENTON ETl DRC Findings/Recommendation Page 15 of 35 -14 2011 1, 18 06 PnI Case#: Z08-0021 Exhibit 3 - Future Land Use Map L•Y R u raLArees - SERB^RN tt C PD- 73 Neighborhood Center PD-173 3~". ~ ufR EHE {~Vr'n ~p4, 4QeX'`~X 7 <O y 1, / G 'RET Yl r i~ l aJio;~y wit LiegtEh w `Lsoki o, x m Lake of North aP ~.J ~5y~~ c, p D APP{~ 74 F-I L ~~4 ~A ' -~I ~ RO050'+I RtiJGH City of North Lake Legend Robson Ranch OSITE Fu,ureLan w Future Landuse ,F St'..~ Nerghbah-l Center DENTON P.... 1s. R-IA- Z08-0021 DRC Findings/Recommendation Page 16 of 35 -,14120111a806PM Case#: Z08-0021 Exhibit 4 - 1999 (Ord 99-265) Approved Concept Plan LAND USE. CATEG( MES (YILLE(TUR STRE ET LEGEND R - RESIDENTIAL-T11--x.11- 19'61 Ar_ ST.'A' - 14)'R.l1.A.'4 LANF_ DIVTUF]) ♦ti - NER,IIRIIRIIn11D SF It 'K "S 37,9 A,- S1.1R' H.D1 . = 1ANF I NIIIVII)l-fl Ytli III, I D(HIR RI -I'RI A 'I'111N :t+In5 lnxl bG..ll A, . - \T I' IIIY'li 1, ti.' ! 1.-\M1i 1I,IS•Illi fl r - ['a.51MIINIIY SERVICE 141 A, P - PARKING 81 A: STREM R R.().w. 57.h A,. LIVELY ROAD TIYI`AL ACRES - $,72511 A- NS R R R PEDESTRIAN SYSTEM is oIt p R - e- 1141t11'YRY I.INKAC C: •I, R R Il tin GK FVIIFI I TRW, OR R FOR tz k „ s OR . R R R R OR R. L R OR G' R Id I{ 4i R ull R OR - 1. C nR [SR.' fi w R I P R R R` R IT ,n OR OR R OR - R R k R R R R R R R R [.1R NS E CRAWFORU R4 h1p H•wur.,uo.x,•,I - E _ NOTES m 1 p~} D ni.~ ql tr pN 0 Mw -I +n .5._ MI le W l~.n I JeiN •IS~m fie ImiEa ,m le I•wn[ n M1r [ffl. rc{+xt a wbmlrt[~L n. ~[~nf Golm. " t n[mn will 1 >.1N ui Ylwl Y[mrvu[vr nm •m..w nn ,a. J p~~JCVeL•pnf {1WNFRS PLANNERS ENGINEERS: (✓I 10h.,- IR t lk-v 6 [{mtcnt, L F [ ARt4 R & RI R[ [,Sti General Development Plan R ,v R"' 4„-74l1 u1[ " 11. i w >>54 ROBSON RANCH X31. ~'HH {8171 City uJ Denton, Teas DRC Findings/Recominendation Page 17 of 35 -%14 2011 Las 06 PM Case#: Z08-0021 slit' jz, a p I ~ r { kW; w ; rr "+I r n tt ~ y = r k i t £ s~ a x w,y 1" z, ~ a a`. t ! s t fi ! A~ ' ap h t t~ n"erg Vrg VAR 1 r a % Jay- a OR A Tl~ ,,y,,i '1 3 4 a d t m,'ttwo 900 I'M MY: AWA ` i 'F~.j $S 5 r -i:• `^i 1r u a t ""x ~ ~ ~ ' u ~ - all ,ne c u r r Now 1 ~r~ fJ rk r ? ¢ a 3 it ? a- v 4 =Y' nt; s pia Fe '~i`; 3 x 2. n e4 6 L 3 4°i `i e1ly 4 } 1~{ ?Y .y "`C y l TIPS? 2, °r3'r to.rv PIP. 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'*F t { A = -7-f f x2- a fi a 'Xk i W*X O 7 k ,y,• 1 - 1 1 W a' J- WI Iz+ " < 5 a r W j _ K" . u I'll. 1~ _ Exhibit 6 -2001 (Ord 2001-247) Approved Concept Plan 'y. 7 , a r I.SYBi.Y ROAD r 1 OAS PARK LOCATIONS R NS i R STORAOS TANKS R d ~ R S yt I Mr& 3\V R 1 R 1 a':l ~lk~ 1 r# R R", r R r r yt r~'~ , ~R OR .'rd x s R R R n ,^vPI R r, s R R , OR " Yll l I \QR R R R 3r R 1 ~ R r, a r t if OR i Ilk e R i 'c R O I R R D <fa ti R _ kP R ` A R hwrr ~ ~ . 6 R A a 'R { e..! it J t a .+++ROHSON RANCH^^ROAD ' 1b Or M lmtlmr M ~ryD,PW^a lM. ~nI,YAea ts. Mpw Ae1 AmmYb A,rO N9~'A•91194 !g~►~°d tl4~d 4'nt°~ p°a°b~M BwL UP 0181 PIw TN y~.brIXbtub ~ prpygom tbbN~De+bP~~ 90 WO Blwm tl .70Im1ba yN de~etlean~. ~~7]ppmp~ lpNYdP IX a ~T' Otl M1N ¢W~~noa~ys M R1C M1wN. A W AWtlee IX R10M 016~a1Y Th Ilmmnn Mmukg OI YA yb m 0 sp.m wwd.,aov. A~ ~ IXA pMM Awbh NybiYxir. w t~ Ar Aq p!n nwW4 «Tr op aGw~a rw JUN 2 7 2001 2'D Gas Park Locations RfiVISION-P8D ° J ROBSON RANCH DRC Findings/Recommendation Page 19 of 35 -14 2011 1, 18 o6 PnI Case#: Z08-0021 Approved Detail Plan CWRENT IMAM: PUNNED 7i4L IL-Of-4- 1 (kD-?7S' 'r~ -J,11. PAINE J. 11rG[1W! N A-1617 F. 1y• OHV1IH w A-70 r~ac+rlixrr+tw u€~Ee urMr, [ a afl-?va6nas A-9FS :.;E r } y I' 4k' S t I Yl s~ R c7 ~ J { f4 Y a r :.~.L ~ Y, ~+s. ..,t:_e.. ~.L~~ ~ to 7 fpi f:. = is 4 _ ~l rry .e ~f u ~ I .^ee i'^ lye. {V` II MI5 ( I'e ~ t r1 -I -y ru"CNT ,zpNINFe PtFN.NEJ ,ffjJOP4E4i 17} {P) ,7} P'a -~jW'• _ - ti r'+a <:i 1 Y .fl4V' 1'1 kfr Yfaa=++eN[.?.P w ra.i J. 1'At9ti1:, f ,F I o ~ r t f 1r J' L~ i a-• _ .L$.~t°'t.'1;.yy`rTi,,rjsFG{~ wY`"5~~ 1 z ° fi.*• 1 -J Vi,j ' ly_ a. r. a,Zr - `J"^ ruwa+~suu ,e •'wi3G END - r - ;fix :,ar = Y Exhibit C (Detailed Plan Amendment) jai@/~•~~_ ° / \4 r Ole 1000 l2ri c a \ R~' 1 1 ~ f 9y} s- i 1 ° ~f~r~ 1 d9 ~ef; ~ • ~ i H 2 •~1': ~if.a ni • I a i! ° I it ii ! ° Ii ° fl• 1 p gi G3 t t' 1? isy p c,, e y ~b~~ 1 t ! ° ! ° { Idf i : r of .1 ~"r ;H ~!f +i -s k ?r82 ~ r ! • -4 nC' ° r• O ~ 7C x ~ 1 F i I~ . i ~ } ' ► i'? tit tr 1 i H ~.t}~ n eSS~C"~ { i E ~ °i ~ •f I flip i i i ie 1 J~'., 1 r( fi i f i r l }Lr 1 t 3 a b I [ li ;4( a r [ r it E iff }r¢ { f ~rH} °j y a G II ~ ~ ° i; Ilf ~ 1 f. e - it i t 2 , l;~ If if ~ 1 ~•i7~7 7 Exhibit 9 - 2009 (Ord 2009-084) Approved Concept Plan EXHIBIT 1 . ~LrV=y ROAD STORAGE TANK IACAT30N5 40 M DR R.4 REtFN'ATED STORAGE TANK ® ~ i `r R }W A GAS PARK LOrAMNS rG1tt'•r' 11 e NY p} .s + AVl7tovED GAS PARK l!OCA71ON5 R ' k (sa.wroedDem PLmrmexARkeeuoml( ne a R Atmlof[wo nme¢ef 'IitiamptapweG. Theplop- .r er " 1 afeb Alm m w dm ft mrlad toot®ordm wuhm R i~ + p R 9 ~1 R ~ ~ Ft • ~ + It 61 41. ,r10 tr R t R R'{I r t ,t l R OR g J Ry R R rtl R R t n R A R I ~1•~]R r 1 R 1^R t[ R'^ A R OR , R +r Aal R S R 3 ' { OR R t, R A ~ ~ a• t hJR A Ay , olrpalate sbrago R , R Tank Faatiry. r *g~ CS "I Ns E od be b- m be _ efrowsraaa Demkd "Robson r Ranch Rd. Pilo, The purpose of the Concept Plan Amendment Is to: 1. Show revised location of Storage Facility (as noted on map) 2. Require future gas well parks to atir¢e Storage FaO1'dy for permenam Tank Storage. 3. Require that copies of easements for gos pipe lines be provided to the City of Denton General Notes: 1. All other requialions of Ordinance 21181-247 6t fl apply. 2. The storage (acifity shall no encroach into ESA Stream Suf(er 3, Access to Storage facility shall be from Crawford Road. 4. Storage facility shall be screend from residential properties. Proposed screenhrg shall be show on the Delailled Plan. 5. No structures shall be constructed within MY of any Slwne Tank Gas Park and Storage Facility Locations Robson Ranch December 5, 2008 °urr~w+-e IN FFEr Revised February 17, 2009 per DRC Comments DRC Findings/Recoimnendation Page 22 of 35 -ifa:_of11IS06PM Case#: Z08-0021 Exhibit E ~ o IRE 2 all °r8 ~f~esd ~ !i ~ a t vi U all~. I1f 19 f ~1 H m z a i~gg °4 ! a O aqqs DIOILUILULLU&MI Y 4,~ o~ o z C p g••tmt o12z m o a m mZ~ a w -moo I I y 1-4 LL 2 4° Aao n I Is U oy 'a I v>~ H b V Q I 3 00°00 000000 00 b I a Y mm F N D m Z O k8 ~ ~ M m WGW Y ERE 0 Exhibit A o t; op~~ jNI Ii N ~}jel p~~t FOoV O 1 a . 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Izurvn) saouTK 1SWn WV 19'0011 IIOZ/LI/9 BMp'S3Sn-ZNVld130 30\NVId llV130\SuDld II01GG\d31SVW 30\uO4u90\SBN.p\:0 NV-ld 3en aN` I SVX31 HONVEI N081308 OOZ6DI8 O8ti) o 8~ZS8 'ZV `S3NVl Nf1S aVOa SOOIa '3 Z296 iN3WdOTIA 0 NOlN30 NOS80a :a3NMO AVON H- NOSHON 3NV, ceN sl 80~ '00Z l-, l-'3~V0S OOZ l 009 0 s z X~llO Ell l_B LL t-f O ~ MOY UtlOiMtltl~ I Z-f Z-6 •M Q 3NV1 /yl q ,~Zn~~. fY, Btl pJ 9N550M1 H- N0590tl 3MV1 Mme FM Jldl - ..wE~nx 33Nn _ SOVON U01031100 31V/11Nd o TTI I- iN"ow°Viie NVId 11V13a WONA NOIld30X3 3JNtlN i N^ (N) (AAS) S1Ol X31dna - 33tlf1IX)il0 a g (N) (-I=IS) SIM 3AHN S3Nd a~ ® (N) (ddS) SIM 3N3IW3Nd (N) (03S) S101 NOII1OVNl su woi, p~-- (SN) (dE)) X6Vd SV9 (N) (dJ) WNVd XNVl / XNVd SVO r NaN~a o" i~ (b) (31VAlUd) 30VdS N3dO (N0) (31V AIN.J) 30VdS N3dO '0V 9ZL'Z S31AOV 1V101 '0V 9'LL 'M'O'N'8133N1S (NO) (0118nd) )INVd /1110 'OV V906 lVI1N30IS3N - H (NO) (31V/11Nd-IW3S) 3SNn00 dl0'J '0V Z99 NOI1V9N03N NOOalnO NO 'aV V9 ONIAM d (NO) S3IlIlI0Vd '03N / 3SnOH9nl0 'OV VLE S301AIJ3S OOOHN08H013N SN (d) JNIHNVd '0V V14 S30I/1N3SA11NnWW00 - SO S3Ri0931V0 3Sn QNVI (SN) 8301/1N3S 00OHN08H019N (S0) S301/1N3S AlINnWW00 - GN3J31 Exhibit 14- Proposed Water System Detailed Plan cm ck aM WATER SYSTEM TEiL ~✓X LEGEND - uuenouse C E~.~ ~i - a«r sE eumxc ~cwnrtxu~ li. IJ I - - -menw e«wrrmure a Rx.c,E - - CuFCPIi^E I~ I ` 1 - I~ 00~i COU(dE - ae I C3 04 Jill a~ ` 4. fr~ c~wFaw a.u - - f - `1 y 1 c~~ I I~ I 02. soo .wo~.o ,-6~ aoo - = - ROBSON RANCH DETAIL PLAN WATER SYSTEM DRC Findings/Recoimnendation Page 27 of 35 14:_01111806PII Case#: Z08-0021 Exhibit 15- Proposed Sewer System Detailed Plan LEGEND • - ; ...L_. - _ _ - , r . SEWER SYSTEM FgOFONEn vS ARV6 LwE ' 'j S FRGPOSEO IM BANFARI SEWERL N[ 11 FROFOEEn NA E rtL NE ~ I ~ Y ' Rt0N08EGle SANIIARV NEWER6NE ~I I ~'.i 1 'I 1.4 PROIIY)6E0-EREE L IMINS PROPOSEGITFOHCEIAANS i. . - EYABTNO ~0' FptLE MAINE I ' I1 :7 , E TIN. 11 I-E -11 EXIBTNG 3' SAM FARM SEWER LINE E>f1NT€uG TV A..-NEWER LINE ry i f _ _ _ EkISTNG IY SA--SEAER LINE I !J •I f Ili EMISNN011 SAN€€ARV SEWER LME EXISTING IB SANTA-NEWER LINE ` f FLOW 1O UaT L€n 11-10. _ FU%RE NORTHEAST UFI STAFI[#d I LOW 10 Y119F'09tOS0UTHWE-IFTETATNIN - RO pl I I «LOw TG «ululo- WwTn 11«1 G1.11ON ~ FLOW IE ELRWIE NOTI-EA.11.1-1ITATION I I I I. I I 1111. ~ ~t 7 IIII' I. 'I•fI IIII II... .4- ~•il II~11 i n ITEr+ I~l~ I ~ , I I I II' ( I ~~CI`I Ii' 1+I IJ,{1 ~/,It eR7 Rr"Ir fi.w 1 Y` EXISTING EAST F LIFT STATION 1 ESISP+R 1P Tf . r jr~ 4-! 1 fY` yy YI T41"M WW I 1 LIFT SiATI^N a', , `g, ~ r r. , * sue' ~~"~;y/ ~ f l ' 1- T'' P I 1 t'R IL1 1 - l 7 _ n ~ . I.r11r Y fil ! f AEI b`~I~ ' R4 I (r -yL' Y' r~}, iT i.u.T. 1 : ~TMl I~I~I71 11 1 II A I^ . i~ + +Y ~ yA I I~ I I I i I ~`4a Y At / 1 V EXISTING TEMPORARY/~vF1l p T LIFT "AR. nI F' 1, fy'7 1.17 It ,c, 71, ~a II S"~':'~°'~ I •I 1~ I~~ i ~ r hi' ~'7~11+17 r~ } ~ 5 U I \PRDPDSED SCUT wFS?' Iur~N €kiz L€FT STeuGN rsl. ROBSON RANCH DETAIL PLAN SEWER SYSTEM DRC Findings/Recoimnendation Page 28 U 35 14:_0111 IS W, I'M Case#: Z08-0021 Exhibit 16 - Proposed Open Space Plan LEGEND GOLF COURSE CITY PARK OPEN SPACE anar P - f p` ~i~l - w-fi; Ent 0 W~x 4 ;I-~~~... SCE I All TTR t' { ~L ~pI - kr ILLI ~I~~11~~11 600 1200 eq SCALE: =i°=I2oD' • I~,hi .~,---T~Q ~ - - OWNER: ROBSON DENTON DEVELOPMENT 9532 E. RIGOS ROAD SUN LAKES, AZ. 85248 ROBSON RANCH TEXAS TEL: (480)-895-9200 OPEN SPACE DRC Findings/Reco>mnendation Page 29 of 35 -,Ia:_oII 1 I806PnI Case#: Z08-0021 Exhibit 17 - Proposed Screening and Fence Plan 111~Y IIOM -t.- . _.SIDE AW r~E AND U~ I TE PLAN a LEGEND L FEA L L~~ C1 < < jr, I[ ROBSON RANCH DETAIL PLAN SIDEWALK, FENCE AND ACCESS GATE PLAN DRC Findings/Recoimnendation Page 30 of 35 14:_0111 IS06PM Case#: Z08-0021 LP Y ROAD ACCE S GAT FE4CE PLAN D LEGEND ~11vv FIRIAE BID- k~ EXIBTNG S~EWALK r\r\. BPLR RAIL PFAIMETFA FENCE C~ GATED ACCESS I III IJ/117, 77/ FIL~ I_ D = J C%- F UAL ROBBON RANCH ROAD ROBSON RANCH DETAIL PLAN SIDEWALK, FENCE AND ACCESS GATE PLAN Exhibit 19 - Introductory Letter from Applicant Introduction/Acreage 35-176 (1) Robson Ranch has been under development for approximately ten years. Over this time, approximately 1200 homes have been constructed along with a clubhouse area, an 18 hole golf course, supporting subdivision infrastructure, landscaping and various amenities. Further to previous planning documents and subsequent development, this application proposes to detail plan additional acreage within the Development. As illustrated on the enclosed maps and exhibits, the Robson Ranch development is comprised of 2725 acres south of Lively Road, - north of Robson Ranch Road and east of Florence Road. As described on the enclosed legal description, the total area being detail planned with this application' is 1805.78 acres. The area being detail planned with this application „ will be developed using the same standards applied' to the previously developed components of the project. + jq <r, 1 DRC Findings/Recommendation Page 32 of 35 1412011 1a8 06PnI Case#: Z08-0021 Exhibit 20 - Notification blfortnation Map 200 Ft. Notification Boundary ~o ~a o o0 500 Ft. Notification Boundary ~ a w O D R @P O p o PFF Legend Public Notification Date: 4/7/11 N ~oFNraboaodary 200' Legal Notices sent: 39 W E !A Q500 FL N NlPCatlon Bountlary o aaa~= 500' Courtesy Notices sent: 127 DENT®N PD Courtesv sent 1.177 Number of responses to 200' Legal Notice: In Opposition: 0 In Favor: 0 Neutral 0 DRC Findings/Reconnuendation Page 33 of 35 -,14'oll 1a8 06PM Case#: Z08-0021 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: 1 A. May 4, 2011 2 3 Commissioner Ryan moved approval of the minutes with a second by Bentley. On roll call vote: 4 Chairman Walter Eagleton "aye", Commissioner Brian Bentley "aye", Commissioner Jay 5 Thomas "aye", Commissioner John Ryan "aye", and Commissioner Thom Reece "aye". Motion 6 passes (5-0). 7 3. CONSENT AGENDA: Staff recommends approval of the following items because they meet the requirements of the Denton Development Code. Approval of the Consent Agenda includes staff recommendations for approvals and authorizes staff to proceed. The Planning and Zoning Commission has reviewed the applications and has had an opportunity to raise questions regarding the items prior to consideration: Final Plat of Lotl, Block B of the Ryan Companies Addition. The approximately 36.263 A. acre property is located on the south side of Dakota Lane, approximately 810 feet south of the intersection of Dakota Lane and Airport Road. The property is located within an Industrial Center General (IC-G) zoning district. (FP11-0001, Ryan Companies Addition, Cindy Jackson) 8 B. Final Plat of the Meadows at Hickory Creek Addition, Phase 2. The approximately 9.161 acre property is located at the northeast corner of the intersection of Vintage Boulevard and Mockernut Road. The property is located within a Neighborhood Residential 6 (NR-6) zoning district. (FP10-0024, Meadows at Hickory Creek, Phase 2, Cindy Jackson) 9 C. Final Plat of Lot 1, Block A of the Denton Transit Center Addition. The approximately 2.226 acre site is generally located at the southeast corner of Hickory Street and Railroad Avenue. The property is located within a Downtown Commercial General (DC-G) zoning district. (FP11-0004, Denton Transit Center, Ron Menguita) 10 11 Commissioner Thomas moved approval of the Consent Agenda with a second by Reece. On roll 12 call vote: Chairman Walter Eagleton "aye", Commissioner Brian Bentley "aye", Commissioner 13 Jay Thomas "aye", Commissioner John Ryan "aye", and Commissioner Thom Reece "aye". 14 Motion passes (5-0). 15 4. PUBLIC HEARINGS: Hold a public hearing and consider making a recommendation to the City Council regarding? A. a Detailed Plan amending Ordinances 2000-059 and 2003-324 to allow the development of 4,288 residential units, a golf course, one baseball field, remove a Gas Park and relocate a Gas Park approximately 307 feet north from its current location. The subject site is located north of Crawford Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPCIO-0001). (Z08-0021, Robson Ranch Planned Development Detailed Plan, Nana Appiah) I Appiah presented this item with an aerial map indicating the currently approved and proposed 2 locations of Gas Park 13, a zoning map and land use map. Appiah provided the history of PD 3 173. Appiah continued with the Detailed Plan, Land Use Map, Water and Sewer Detailed Plans, 4 Open Space Detailed Plans, and Screening/Fence/Sidewalk Detailed Plans. The applicant 5 (Robson Denton Development, LP) is requesting approval of an amendment to two previously 6 approved Detailed Plans (Ordinance 2000-059 and Ordinance 2003-324) within the Robson 7 Ranch PD. Ordinance 2000-059 was approved for 3,393 residential units, a golf course, open 8 space areas, an office, and right-of-way alignment on 1,361.3 acres. Of the 3,393 residential 9 units approved by Ordinance 2000-059, only 1,749 have been platted. There are no proposed 10 changes to this platted area. The purpose of amending this Detailed Plan is to change the 11 configuration of portions of the remaining unplatted areas and incorporate it into the subject 12 Detailed Plan. 13 14 Section 35-154 of the City of Denton Zoning Ordinance provides standards by which a Detailed 15 Plan is to be evaluated. Such standards include showing permitted land uses and the acreage for 16 each use, adjacent or surrounding land uses, zoning, streets, drainage facilities, existing or 17 proposed off-site improvements, the location and size of all alleys, parking lots and parking 18 spaces, loading areas to be used for vehicular traffic, access and connection to existing or 19 proposed streets, traffic generated by the proposed uses, the maximum height of all buildings, the 20 maximum total floor area, the location of water retention areas and major drainage facilities, and 21 the location of all major utilities. 22 23 The applicant has submitted a Detailed Plan demonstrating how these requirements shall be met. 24 The proposed Detailed Plan shows categories of land uses apportioned to each type of 25 development. The uses comprised of residential, recreation and open space amenities, and a Gas 26 Park. Four thousand two hundred and eighty eight (4,288) residential units are being proposed. 27 These units comprise different lot sizes and housing module types. Four main housing unit 28 module types are proposed. These housing modules are single family preserve with a typical lot 29 size of 14,000 square feet, single family premier with a typical lot size of 8,400 square feet, 30 single family tradition with a typical lot size of 6,000 square feet, and single family duplex with 31 a typical lot size of 4,950 square feet. The housing module types proposed are peculiar to the 32 Robson Ranch PD and not a specific housing type defined in the City's Development Code. 33 34 Non-residential uses are also being proposed. The non residential uses include a golf course, a 35 baseball field, and one Gas Park. In addition, there are other non-residential areas also to be 36 developed. However, the applicant has stated that he does not have specific Detailed Plans for 37 those areas and prefers to show such areas as "future development". Specific Detailed Plans will 38 be submitted when the applicant is ready to develop those sites. Further, this proposed Detailed 39 Plan shows open space areas and a landscaping plan including a planting schedule and the types 40 of trees to be planted within the development. The landscape plan and planting schedules have 41 been reviewed and approved by the City's Landscape Administrator. 42 43 Thoroughfares for the development are shown on the Detailed Plan. Typical street sections for 44 roads within the development including sidewalks are included. Four main access points are 45 being proposed for the development. Currently, two of these roads, Ed Robson Boulevard and 46 Michelle Way service the development. These two roads connect to Lively Road, which is I located south of the development. The plan also shows two other access roads, Robson Ranch 2 Crossing and the north section of Ed Robson Ranch Road. Currently, these two roads are 3 undeveloped. The locations of water lines, sewer facilities, and retention areas are shown on the 4 Detailed Plan. The Detailed Plan has been reviewed and approved by the Development Review 5 Committee (DRC). 6 7 The second ordinance amendment (2003-324) pertains to the development of a Gas Park. This 8 ordinance, allowed for the development of five (5) Gas Parks, labeled as Gas Parks 7, 8, 9, 10, 9 and 11. Gas Parks 7, 10, 11, and 13 (Gas Park 8 has been renamed as 13), are shown on the 10 Detailed Plan. The fifth Gas Park (Gas Park 9) has been eliminated and is not shown on the 11 subject Detailed Plan. Currently, three (3) of these Gas Parks (7, 10, and 11) have been 12 developed. Amending the Detailed Plan will shift Gas Park 13 approximately 307 feet north of 13 its approved location and affirm the elimination of Gas Park 9. According to the applicant, the 14 steep nature of the terrain on the current approved location of Gas Park 13 makes it impractical 15 to drill gas wells on the site. 16 17 Certified notices were mailed to property owners within 200 feet of the subject site and and 18 courtesy notices were mailed to property owners within 500 feet of the subject site. No notices 19 were returned in favor, opposition or neutral to this request. 20 21 The Development Review Committee recommends approval of this request with the following 22 conditions: 23 24 1. All original conditions of approval and subsequent modifications associated with PD 173 25 shall remain valid, unless specified herein. [Planning] 26 27 2. The Detailed Plan as submitted and shown in Exhibits 4, 5, 6, 7, 8, 9, and 10 shall guide 28 the development of this PD. [Planning] 29 30 3. Prior to approval of a plat, the applicant shall submit a report showing the proposed water 31 and sewer demand for the use. The City's denial or approval shall be contingent upon 32 available capacities to service the project. [Planning and Engineering] 33 34 4. The standards for new gas well drilling and production shall be the same as in DDC 35 Subchapter 22, except as noted below: 36 37 No gas well drilling or production area may be located within one hundred feet 38 (100') of any residential property or three hundred feet (300') of any public 39 assembly area for approved Gas Park Detailed Plan sites. 40 41 The applicant is also requesting a word to be added to the conditions. 42 43 Thomas referred to the original detail plan, Ordinance 2000-059, that was covering 1,361 acres 44 and questioned Appiah if this proposal is to amend that Detail Plan to take in all the rest of the 45 area with the exception of the three small areas. Appiah confirmed this and stated the intent is to 46 take in everything with the exception of the areas in gray. I Bentley stated that the 4,200 residential units are in the northern gray area on the map and this 2 does not include what has already been platted. The information that is not in the backup 3 material is how many have already platted. Appiah stated that 1,749 have already been platted as 4 stated in the report. Bentley continued with calculations saying that this plan is to add 4,288 5 residential units on top of that, so that is 6,037 residential units total, over the entire area, which 6 is less than the 7,200 previously approved. Appiah stated that is correct. 7 8 Bentley also questioned if the conditions of approval were more or less restrictive. Appiah stated 9 that the conditions are less restrictive. When the Planned Development was approved in 1999 it 10 did not include gas parks. The Detail Plan was then amended in 2001 to allow gas well drilling. 11 When that Detail Plan was approved there were specific distance requirements for the gas well 12 parks that were approved. The last condition states that previously approved gas well parks fall 13 under that previously approved condition. New gas well parks or re-locations of gas well parks 14 must meet the new requirements in Subchapter 22. 15 16 Ryan questioned how this language affects Gas Park 13, that was previously Gas Well 8. Appiah 17 stated that Gas Park 13 will have to comply with the current Subchapter 22 regulations. 18 19 The applicant was present to speak. 20 21 Todd Fitzgerald, B&R Engineering 22 23 Fitzgerald stated he was representing the applicant. The only additional comment he would like 24 to add for clarification is on the number one condition of approval he would like to request that 25 the language read "to the extent not shown on previous approvals of detail plans". 26 27 There were cards received in opposition that do not wish to speak: 28 29 Norm Beatty, 9512 Edmondson Drive 30 Donald Spector, 9916 Edmondson Drive 31 Kathy Downer, 10004 Edmondson Drive 32 James M. Downer, 10004 Edmondson Drive 33 Linda Estes, 10001 Edmondson Drive 34 Frank McKinzie, 9604 Edmondson Drive 35 36 The opposition is for Gas Park F, which is not in consideration for this item. 37 38 There were cards received in favor that do not wish to speak: 39 40 Carson Carter, 4824 Island Court 41 Brian Boylan, 6109 Pine Hills Lane 42 Wayne & Shirley Friesner, 12000 Shalimar Drive 43 44 There was one person who spoke in favor of the request: 45 46 Steve Soriano, Robson Ranch 1 2 There were several to speak in opposition of the request: 4 Kathleen Wazny, 9117 Perimeter Street 5 Elma Walker, 9805 Grandview Street 6 Brice Walker, 9805 Grandview Street 7 Brice Fiedler, 10012 Edmondson Drive 8 Jack W. Estes, 10001 Edmondson Drive 9 Margaret Fiedler, 100 12 Edmondson Drive 10 Tom Morris, 10008 Edmondson Drive 11 Dr. Daniel R. Thomas, 9501 Perimeter Street 12 13 14 Bentley stated that Gas Well F is not a part of the discussion of this item. That Gas Park has 15 already been approved. The comments of the cards and those speaking in opposition are all 16 speaking to the opposition of Gas Park F. Eagleton stated that Gas Park F cannot be a part of the 17 Commission discussion because it was not included in consideration for this request. Bentley 18 stated Gas Park F and the monitoring of that site is not in discussion for this evening. When 19 Wazny concluded her speaking time Bentley stated that she was not in opposition to moving Gas 20 Park 13 to the north, the topic of discussion, she was in opposition of Gas Park F. Wazny stated 21 that is true, but the citizens needed a forum and the Planning and Zoning Commission is step one 22 in that process. 23 24 25 Soriano spoke as an applicant representative and stated that listening closely it sounds like the 26 the speakers are not in opposition to the Detail Plan or the moving of the Gas Park 13. What is 27 being brought forth this evening is what is on the map, not Gas Park F. Soriano addressed some 28 concerns for exits and concerns for residents. Soriano stated that the calls for monitoring are 29 valid and worthwhile. Additional discussion commenced on monitoring, health and safety issues 30 of Gas Park F and again addressed that Gas Park F is not up for discussion with this item. 31 32 Thomas motioned approval of this item with the addition of the language for condition number 33 one to read "on any previously approved plan" with a second by Ryan. On roll call vote: 34 Chairman Walter Eagleton "aye", Commissioner Jay Thomas "aye", Commissioner John Ryan 35 "aye", and Commissioner Thom Reece "aye". Commissioner Brian Bentley "nay". Motion 36 passed (4-1). 37 5. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. 38 39 Chairman Eagleton adjourned the Regular Session at 7:52 p.m. sAlegaRour documentslordinances\1I&8-0021.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A 1,805.78 ACRE DETAILED PLAN TO AMEND TWO (2) PREVIOUSLY APPROVED DETAIL PLANS. THE SUBJECT DETAIL PLAN WILL ALLOW (1) THE CREATION AND SUBSEQUENT DEVELOPMENT OF 4,288 SINGLE-FAMILY RESIDENTIAL LOTS; (2) A GOLF COURSE; (3) A BASEBALL FIELD; (4) THE RELOCATION OF A PREVIOUS GAS PARK (GAS PARK 13) APPROXIMATELY 307 FEET NORTH FROM PREVIOUSLY APPROVED LOCATION; AND (5) THE ELIMINATION OF A PREVIOUSLY APPROVED GAS PARK (GAS PARK 9). THE SUBJECT SITE IS LOCATED NORTH OF CRAWFORD ROAD, SOUTH OF H. LIVELY ROAD, EAST OF FLORENCE ROAD, AND WEST OF HUNTER RANCH MASTER PLANNED COMMUNITY (AMPC10-0001); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z08-0021) WHEREAS, on August 3, 1999, by Ordinance 99-265 the City Council approved a Concept Plan for 2,725 acres of land designated as the Planned Development 173 (PD-173) zoning district, as more particularly described therein; and WHEREAS, February 15, 2000, by Ordinance 2000-059, the City Council approved a Detail Plan for 1,361.3 acres of the Planned Development 173 (PD- 173) zoning district, as more particularly described therein, and WHEREAS, on July 17, 2001, by Ordinance 2001-247, the City Council approved an amendment to the Concept Plan of the Planned Development 173(PD-173) zoning district, as more particularly described therein, and specifically authorizing the creation of up to 15-20 gas well parks as defined and restricted therein; and WHEREAS, on November 4, 2008, by Ordinance 2008-285, the City Council approved a Detailed Plan, as more particularly described therein, and specifically authorizing the development of two gas well parks as defined and restricted therein; and WHEREAS, on April 7, 2009, by Ordinance 2009-084, the City Council approved a Concept Plan amendment to allow for the relocation of a storage tank facility as defined and restricted therein; and WHEREAS, on April 7, 2009, by Ordinance 2009-085, the City Council approved a Detailed Plan, as more particularly described therein, and specifically authorizing the development of three gas parks and a storage tank facility as defined and restricted therein; and WHEREAS, on April 21, 2009, by Ordinance 2009-103, the City Council approved a Detailed Plan, as more particularly described therein, and specifically authorized the development of one gas park as defined and restricted therein; WHEREAS, Robson Denton Development, LP., has applied for a Detailed Plan to amend two (2) previously approved Detailed Plans to allow (1) the creation and subsequent development of 4,288 single-family residential lots; (2) a golf course; (3) a baseball field; (4) the salcpRour documentslordinancesl111z08-0021.doc relocation of a previously approved Gas Park (Gas Park 13) approximately 307 feet north from its previously approved location and (5) the elimination of a previously approved Gas Park (Gas Park 9) on approximately 1,805.78 acres, legally described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property") and as defined by Exhibits "B", "C", "D", "E", "F", "G", and H", attached hereto and incorporated herein by reference; and WHEREAS, on June 1, 2011, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested Detailed Plan amendment; and WHEREAS, the City Council finds that the Detailed Plan as amended, is consistent with the Denton Plan, and Chapter 35, Article IV, of the Denton Code, as well as the previously amended Detailed Plans; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. A Detailed Plan amendment on the subject property currently zoned as PD 173 is hereby approved, subject to the following conditions: 1. All original conditions of approval and subsequent modifications associated with PD 173 shall remain valid, unless specified herein. [Planningl 2. The Detailed Plan as submitted and shown in Exhibits "B", "C", "D", "E", "F", "G", and H", shall guide the development of this PD. [Planning] 3. Prior to approval of a plat, the applicant shall submit a report showing the proposed water and sewer demand for the use. The City's denial or approval shall be contingent upon available capacities to service the project. [Planning and Engineeringl 4. The standards for new gas well drilling and production shall be the same as in DDC Subchapter 22, except as noted below: No gas well drilling or production area may be located within one hundred feet (100') of any residential property or three hundred feet (300') of any public assembly area for approved Gas Park Detailed Plan sites. SECTION 3. The Detailed Plan amendment attached hereto and incorporated herein by reference as Exhibits "B" "C" "D" "E" "F" "G" H" is hereby approved for the property. SECTION 4. Ordinance 2000-059 and 2003-324 are hereby amended by the approval of the Detailed Plan attached hereto as Exhibits "B", "C", "D", "E", "F", "G" H", and incorporated herein by reference. SECTION 5. The provisions of this ordinance as they apply to the amendments herein approved, shall govern and control over any conflicting provisions of Ordinance No. 2000-059 salegallour documentslordinances1111z08-0021.doc s i and 2003-324, but all the provisions of Ordinance 2000-059 and 2003-324, insofar as they apply to the regulations of the district not herein amended, shall continue in force and effect, and shall apply to the remainder of that Detailed Plan. SECTION 6. A copy of this ordinance shall be attached to Ordinance 2000-059, and 2003-324, showing the amendments herein approved. SECTION 7. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 8. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 9. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: salegallour documentslordinances\111208-0021.doc e ` Exhibit A (Property) LEGAL DESCRIPTION Being a 2747.16 acre tract of land situated in the M. Scurlock Survey, Abstract No. 1141, the F. Garcia Survey, Abstract No. 502, the J. H. Paine Survey, Abstract No. 1617, the J. McGowan Survey, Abstract No. 798, the B.B.B. & C.R.R. Survey, Abstract No. 197, the T. & P.R.R. Survey, Abstract No. 1301, W.L. Dunning Survey, Abstract No. 1568, the F. Oliver Survey, Abstract No. 989, the G. Pettingale Survey, Abstract No. 1041, and the B.B.B. & C.R.R. Co. Survey, Abstract No. 176, Denton County, Texas, said 2747.25 acre tract of land being that same tract of land as described by Warranty Deeds to Robson Denton Development, as recorded in Volume 4373, Page 216 and Volume 4373, Page 284 of the Deed Records, Denton County, Texas, said 2747.16 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch iron rod found for the apparent southeast corner of said M. Scurlock Survey Abstract No. 1141, the southeast corner of a called 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas, the most southerly southwest corner of a tract of land deeded to Hillwood/McCutchin, Ltd. as recorded in Volume 2470, Page 678 of said Deed Records, Denton County, Texas, and the southwest corner of the E. Pizano Survey, Abstract No. 994, Denton County, Texas; THENCE N89°51'21"W, with the south line of said M. Scurlock Survey, said 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas and with the approximate center of said Crawford Road, a distance of 10158.30 feet to a 518 inch iron rod, the southerly most southwest corner of said 2426.81 acre tract, the southwest corner of said M. Scurlock Survey, and also the southwest corner of a called 471.7 acre tract of land recorded in Volume 254, Page 576 of said Deed Records, Denton County, Texas; THENCE N00°00'47"E, with the west line of said M. Scurlock Survey, the west line of said 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas and with the west line of said 471.7 acre tract of land, a distance of 3696.25 feet to a 518 inch iron rod found for corner, an exterior ell corner of said 2426.81 acre tract, from which a bols d' arc fence corner post in concrete found for the apparent northeast corner of said W. L. Dunning Survey, the northeast corner of a called 32.7 acre tract of land recorded in Volume 254, Page 576 of said Deed Records, Denton County, Texas and southeast corner of a called 112.90 acre tract of land recorded in Volume 285, Page 171 of said Deed Records, Denton County, Texas bears N00°00'47"E, a distance of 611.11 feet, said 518 inch iron rod also being the southeast corner of said 32.7 acre tract of land; THENCE S89°24'45"W, with the westerly most south line of said 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas and with the south line of said 32.7 acre tract of land, a distance of 2333.33 feet to a 518 inch iron rocs for corner, said 518 inch iron rod being the southwest corner of said 2426.81 acre tract and said 32.7 acre tract of land, said 518 inch iron rod also being in Florence Road; salegaRour documentslordinancesA IV08-0021.doc ~ i THENCE N00°00'47"E, with the west line of said 2426.81 acre tract and said 32.7 acre tract of land, a distance of 611.11 feet to a 518 inch iron rod found for corner in said Florence Road and for the northwest corner of said 327 acre tract of land, said 518 inch iron rod being in the north line of said W. L. Dunning Survey, said 518 inch iron rod also being in the south line of said 112.90 acre tract of land recorded in Volume 285, Page 171 of said Deed Records, Denton County, Texas; THENCE S89°24'45"W, with the north line of said W. L. Dunning Survey, a distance of 16.67 feet to a 518 inch iron rod found for corner in said Florence Road, said 5/8 inch iron rod being the southwest corner of said 112.90 acre tract of land; THENCE N00°31'59"W, with the west line of said called 2426.81 acre tract and with the west line of said 112.90 acre tract of land, a distance of 3922.85 feet to a 518 inch iron rod found for corner in said Florence Road, said 518 inch iron rod being the most westerly northwest corner of said called 2426.81 acre tract and said 112.90 acre tract of land; THENCE N89°39'58"E, with the north line of said 112.90 acre tract of land, a distance of 27.78 feet to a 518 inch iron rod found for corner on the east side of said Florence Road, said 518 inch iron rod being an exterior ell corner of said called 2426.81 acre tract and said 112.90 acre tract of land; THENCE S00°20'02"E, with the east side of said Florence Road and with the west line of said B.B.B. & C.R.R. Survey, a distance of 127.78 feet to a 518 inch iron rod found for corner, said 518 inch iron rod being an exterior ell corner of said 2426.81 acre tract of land and the apparent northwest corner of a called 218.07 acre tract of land recorded in Volume 474, Page 637 of said Deed Records, Denton County, Texas, from which a bois d' arc fence post in concrete found for the apparent southwest comer of said 218.07 acre tract of land and for the apparent southwest corner of said B.B.B. & C.R.R. Survey, bears S00°20'02"E, a distance of 1708.33 feet; THENCE N89°51'47"E, with the westerly most north line of said called 2426.81 acre tract, with the north line of said 218.07 acre tract of land and the south line of a called 218.07 acre tract of land as recorded in Volume 947, Page 751 and Volume 1459, Page 411 of said Deed Records, Denton County, Texas, a distance of 5562.49 feet to a 112 inch iron rod found for corner, said 1/2 inch iron rod being the apparent northeast corner of said 218.07 acre tract of land recorded in Volume 474, Page 637, and being in the west line of a called 995.8 acre tract of land recorded in Volume 247, Page 561 of said Deed Records, Denton County, Texas, from which a bois d' arc fence post in concrete found for the apparent southeast corner of said 218.07 acre tract of land and for an exterior ell corner of said 995.8 acre tract of land bears S00°20'02"E, a distance of 1709.16 feet; THENCE NO0°20'02"W, with the northerly most west line of said called 2426.81 acre tract, with the west line of said 995.8 acre tract of land and the east line of said 218.07 acre tract of land as recorded in Volume 947, Page 751, and Volume1459, Page 411 a distance of 1708.41 feet to a 518 inch iron rod found for corner, said 518 inch iron rod being the apparent northeast corner of said 218.07 acre tract of land as recorded in Volume 947, Page 751 and Volume1459, Page 411, and for the southeast corner of East Ponder Estates, an addition to Denton County, Texas as recorded in Cabinet C, Page 397 of the Plat Records, Denton County, Texas; THENCE N000211 5"W, with the east line of said East Ponder Estates and the west line of said s:llegakour documentslordinances1111z08-0021.doc r s called 2426.81 acre tract, a distance of 3434.29 feet to a 518 inch iron rod found for corner in H. Lively Road, said 518 inch iron rod being the northerly most corner of said called 2426.81 acre tract and the northwest corner of said 995.8 acre tract of land, from which a bois d' arc fence corner post in concrete found for offset bears S00°21'15"E, a distance of 20.00 feet, said 518 inch iron rod also being in the north line of said J. McGowan Survey; THENCE N89°47'37"E, with the north line of said 2426.81 acre tract, said 995.8 acre tract of land, the north line of said J. McGowan Survey, and the north line of said J. H. Paine Survey, a distance of 3650.25 feet to a 518 inch iron rod found for corner in said H. Lively Road, said 5/8 inch iron rod being the northeast corner of said 2426.81 acre tract, said 995.8 acre tract of land and the northwest corner of a called 320.350 acre tract of land deeded to Robson Denton Development, LP as recorded in Volume 4373, Page 284 of said Deed Records, Denton County, Texas, from which a 1-112 inch iron pipe found for offset bears S00°27'02"E, a distance of 20.00; THENCE N89°54'37"E with the north line of said J.H. Paine Survey, Abstract No. 1617, the north line of said F. Oliver Survey, Abstract No. 989, the north line of said 320.350 acre tract and with H. Lively Road, a distance of 2057.91 feet to a 518 inch iron rod found for the northeast corner of said 320.350 acre tract of land, from which a 1-112 inch iron pipe found for the apparent most northerly northeast corner of said F. Oliver Survey, Abstract No. 989, bears S89°54'37"W, a distance of 15.00 feet; THENCE with the apparent and occupied east line of said 320.350 acre tract of land S00007'1 0"E, a distance of 3056.98 feet to a bois d'art corner post in concrete found for corner, said bois d'art corner post being the northwest corner of a tract of land deeded to Hillwood/McCutchin, Ltd., as recorded in Volume 2470, Page 678 of said Deed Records, Denton County, Texas, from which a 1-112 inch iron pipe found for reference bears N82°45'33"E, a distance of 2.32 feet; THENCE S00°07'42"W, with the apparent and occupied east line of said 320.350 acre tract of land and the west line of said Hillwood/McCutchin, Ltd. tract of land, a distance of 3803.58 feet to a an "X" cut in concrete found for the southeast corner of said 320.350 acre tract of land, also being in the easterly most north line of said 2426.81 acre tract and said M. Scurlock Survey, Abstract No. 1141, from which a steel fence corner post in concrete found for an exterior ell corner of said 2426.81 acre tract of land, the apparent northeast corner of the M. Scurlock Survey, Abstract No. 1141, Denton County, Texas and an interior ell corner of said Hillwood/McCutchin, Ltd. tract of land bears N89°48'51 "E , a distance of 1215.50 feet; THENCE N89°48'51"E, with the easterly most north line of said 2426.81 acre tract and the north line of said M. Scurlock Survey, a distance of 1,215.50 feet to a steel fence corner post in concrete found for corner, said steel fence corner post being the apparent northeast corner of said M. Scurlock Survey, said steel fence corner post also being an interior ell corner of said Hillwood/McCutchin, Ltd. tract of land and an exterior ell corner of said 2426.81 acre tract, from which a 1-112 inch iron pipe found for reference bears N82°46'32"E, a distance of 3.22 feet; THENCE S00°29'08"E, with the southerly most east line of said 2426.81 acre tract and with the west line of said Hillwood/McCutchin, Ltd. tract of land, a distance of 3074.89 feet to a 1-112 inch iron pipe found for corner; THENCE S00°37'19"E, with the southerly most east line of said 2426.81 acre tract and with the west line of said Hillwood/McCutchin, Ltd. tract of land, a distance of 3345.00 feet to the TRUE sAegakour documentslordinances1111z08-0021.doc r y POINT OF BEGINNING. The above-described parcel contains 119,666,243 square feet or 2,747.16 acres, more or less. EXCEPTING THEREFROM the followin described parcels: Exception Parcel "A": COMMENCING at a 112 inch iron rod found for the apparent southeast corner of said M. Scurlock Survey, the southeast corner of said 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas, and for the most southerly southwest corner of a tract of land deeded to Hillwood/McCutchin, Ltd. as recorded in Volume 2470, Page 678 of said Deed Records, Denton County, Texas, said 112 inch iron rod being the southwest corner of the E. Pizano Survey, Abstract No. 994, Denton County, Texas; THENCE N00°37'19"W, with the southerly most east line of said 2426.81 acre tract and the west line of the E. Pizano Survey, Abstract No. 994, a distance of 45.00 feet to THE TRUE POINT OF BEGINNING; THENCE N89°51'20"W, a distance of 947.55 feet; THENCE N00°08'40"E, a distance of 559.30 feet; THENCE N89°22'41"E, a distance of 142.23 feet; THENCE N60°07'00"E, a distance of 444.47 feet; THENCE N89°22'40"E, a distance of 410.00 feet to said southerly most east line of said 2426.81 acre tract; THENCE S00°37'1 9"E, with said southerly most east line of said 2426.81 acre tract a distance of 789.18 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 664,979 square feet or 15.27 acres, more or less. Exception Parcel "B": COMMENCING at a found 518 inch iron rod, being the most northerly northwest corner of said called 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas, said 5/8 inch iron rod also being in the north line of said J. McGowan Survey; THENCE N89°47'37"E, with the north line of said 2426.81 acre tract and the North line of said J. McGowan Survey, a distance of 1,866.08 feet; THENCE leaving said north line of said 2426.81 acre tract at right angles, S00°12'23"E, a distance of 32.50 feet to THE TRUE POINT OF BEGINNING; THENCE parallel with and 32.50 feet south of said north fine of 2426.81 acre tract, N89°47'37"E, a distance of 1,181.65 feet; salegaMur documentslordinances11IV08-0021.doc THENCE S0001 2'23"E, a distance of 36.52 feet; THENCE S44°52'50"W, a distance of 121.42 feet; THENCE S00007'1 0"E, a distance of 74.53 feet; THENCE S13014'01"W, a distance of 64.75 feet; THENCE S00°04'58"VV, a distance of 63.00 feet; THENCE S77°20'18"VV, a distance of 106.87 feet; THENCE S70007'12"VV, a distance of 61.79 feet; THENCE S39°13'04"W, a distance of 333.00 feet; THENCE S07°02'1 T VV, a distance of 80.92 feet to the beginning of a non-tangent curve, concave to the south, having a radius of 1,519.43 feet, the radius point of said curve bears S07°58'23"W; THENCE westerly along said curve, through a central angle of 03°41'48", an arc distance of 98.03 feet; THENCE N04°17'43"E, a distance of 127.42 feet; THENCE West, a distance of 608.55 feet; THENCE N00°1 2'23"W, a distance of 564.08 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 583,133 square feet or 13.39 acres, more or less. Exception Parcel "C": COMMENCING at a found 518 inch iron rod in the northerly most west line of said 2426.81 acre tract as per said Robson Denton Development deed and the southeast corner of East Ponder Estates, an addition to Denton County, Texas as recorded in Cabinet C, Page 397 of the Plat Records, Denton County, Texas; THENCE with said west line of said 2426.81 acre tract, N00°21'1 5"W, a distance of 1721.79 feet; THENCE leaving said west line of said 2426.81 acre tract, N89°38'45"E, a distance of 1785.07 feet to the TRUE POINT OF BEGINNING; THENCE S78°43'38"E, a distance of 534.29 feet; THENCE S33°22'26"E, a distance of 91.84 feet; THENCE S14033'11 7"E, a distance of 363.61 feet; THENCE N75°26'43"E, a distance of 123.00 feet; salegahour documentslordinances1111z08-0021.doc r ' THENCE S14°33'17"E, a distance of 352.04 feet to the beginning of a tangent curve, concave to the west, having a radius of 50.00 feet; THENCE southerly along said curve, through a central angle of 31 °47'18", an arc distance of 27.74 feet to the beginning of a reverse curve, concave to the northeast, having a radius of 50.00 feet; THENCE southeasterly along said curve, through a central angle of 110°34'00", an arc distance of 96.49 feet; THENCE N86°40'02"E, a distance of 46.72 feet; THENCE S0Y19'58"E, a distance of 54.15 feet; THENCE S86°40'02"W, a distance of 97.31 feet; THENCE N89°13'15"W, a distance of 1,367.57 feet to the beginning of a non-tangent curve, concave to the southeast, having a radius of 1,929.99 feet, the radius point of said curve bears S65°36'52"E; THENCE northeasterly along said curve, through a central angle of 08°43'04", an arc distance of 293.66 feet to the beginning of a non-tangent curve, concave to the northwest, having a radius of 2,256.61 feet, the radius point of said curve bears N53°45'43"W; THENCE northeasterly along said curve, through a central angle of 20°20'58", an arc distance of 801.47 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 896,180 square feet or 20.57 acres, more or less. Exception Parcel "D": COMMENCING at a 518 inch iron rod found for the northeast corner of said 320.350 acre tract of land as recorded in Volume 4373, Page 284 of said Deed Records, Denton County, Texas, from which a 1-112 inch iron pipe found for the apparent most northerly northeast corner of said F. Oliver Survey, Abstract No. 989, bears S89°54'37"W, a distance of 15.00 feet; THENCE with the apparent and occupied east line of said 320.350 acre tract of land, S00°07'1 0"E, a distance of 43.03 feet to the TRUE POINT OF BEGINNING; THENCE continuing with said east line of 320.350 acre tract, S00°07'10"E; a distance of 569.45 feet; THENCE leaving said east line of 320.350 acre tract S89°44'32"W, a distance of 195.68 feet to the beginning of a non-tangent curve, concave to the south, having a radius of 50.00 feet, the radius point of said curve bears S45°54'57"W; THENCE westerly along said curve, through a central angle of 78°01'13", an arc distance of 68.09 feet to the beginning of a reverse curve, concave to the north, having a radius of 50.00 feet; salegallour documentslordinancesll 11z08-0021.doc THENCE westerly along said curve, through a central angle of 31°47'18", an are distance of 27.74 feet; THENCE S89°41'02"VII, a distance of 26.11 feet to the beginning of a tangent curve, concave to the south, having a radius of 725.00 feet; THENCE westerly along said curve, through a central angle of 09°19'16", an arc distance of 117.95 feet to the beginning of a reverse curve, concave to the northeast, having a radius of 11.00 feet; THENCE northwesterly along said curve, through a central angle of 99°19'16", an arc distance of 19.07 feet; THENCE N000 18'58"W, a distance of 339.04 feet to the beginning of a tangent curve, concave to the east, having a radius of 50.00 feet; THENCE northerly along said curve, through a central angle of 31 °47'18", an arc distance of 27.74 feet to the beginning of a reverse curve, concave to the west, having a radius of 50.00 feet; THENCE northerly along said curve, through a central angle of 77°21'41", an arc distance of 67.51 feet; THENCE N00°18'58"W, a distance of 142.62 feet; THENCE S89°59'36"E, a distance of 442.72 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 250,878 square feet or 5.76 acres, more or less. Exception Parcel "E": COMMENCING at a found 112 inch iron rod, being an exterior ell corner of said 2426.81 acre tract as per said Robson Denton Development deed in Volume 4373, Page 216 of said Deed Records, Denton County, Texas, from which another corner of said tract, a found 518 inch iron rod, bears N00°20'02"W, 1708.41 feet distant, being the apparent northeast corner of said 218.07 acre tract of land recorded in Volume 947, Page 751 and the southeast corner of East Ponder Estates as recorded in Cabinet C, Page 397 of the Plat Records, Denton County, Texas; THENCE S56°32'29"E, a distance of 1427.49 feet to the TRUE POINT OF BEGINNING; THENCE S89°44'00"E, a distance of 339.00 feet; THENCE S00°1 6'00"W, a distance of 120.00 feet; THENCE S89°44'00"E, a distance of 210.00 feet; THENCE N00°16'00"E, a distance of 120.00 feet; THENCE S89°44'00"E, a distance of 197.13 feet; salegahour documentslordinanceslI IIz08-0021.doc THENCE S47°32'44"E, a distance of 11.21 feet; THENCE S45°23'20"VII, a distance of 70.92 feet; THENCE S48°20'59"W, a distance of 71.27 feet; THENCE S51°19'04"W, a distance of 71.27 feet; THENCE S54°17'09"W, a distance of 71.27 feet; THENCE S57°15'15"VII, a distance of 71.27 feet; THENCE S60°13'20"W, a distance of 71.27 feet; THENCE S28°17'37"E, a distance of 124.00 feet to the beginning of a non-tangent curve, concave to the north, having a radius of 1,500.00 feet, the radius point of said curve bears N28°17'37"W; THENCE westerly along said curve, through a central angle of 18°44'37", an are distance of 490.71 feet to the beginning of a compound curve, concave northeast, having a radius of 11.00 feet; THENCE northwesterly along said curve, through a central angle of 80°03'38", an arc distance of 15.37 feet to the beginning of a compound curve, concave east, having a radius of 225.00 feet; THENCE northerly along said curve, through a central angle of 19°45'21", an arc distance of 77.58 feet; THENCE N00°16'00"E, a distance of 441.69 feet to the beginning of a non-tangent curve, concave to the southeast, having a radius of 11.24 feet, the radius point of said curve bears S88°32'20"E; THENCE northeasterly along said curve, through a central angle of 87°36'39", an arc distance of 17.19 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 236,497 square feet or 5.43 acres, more or less. Exception Parcel "F": COMMENCING at a found 1/2 inch iron rod being an exterior ell corner of said 2426.81 acre tract as per said Robson Denton Development deed in Volume 4373, Page 216 of said Deed Records, Denton County, Texas, from which another corner of said tract, a found 518 inch iron rod, bears NO0°20'02"W, 1708.41 feet distant, being the apparent northeast corner of said 218.07 acre tract of land recorded in Volume 947, Page 751 and the southeast corner of East Ponder Estates as recorded in Cabinet C, Page 397 of the Plat Records, Denton County, Texas; THENCE S89°51'47"VII with westerly most north line of said 2426.81 acre tract and the north line of said 218.07 acre tract of land recorded in Volume 474, Page 637, a distance of 2510.24 feet; salegallour docunentslordinancesll 1 \z08-002 1. doc r THENCE leaving said westerly most north line of said 2426.81 acre tract and the north line of said 218.07 acre tract of land recorded in Volume 474, Page 637, S00°08'13"E, a distance of 799.85 feet to the TRUE POINT OF BEGINNING; THENCE N82°43'35"E, a distance of 445.77 feet; THENCE N07°16'25"W, a distance of 100.00 feet to the beginning of a non-tangent curve, concave to the south, having a radius of 420.71 feet, the radius point of said curve bears S06°46'25"E; THENCE easterly along said curve, through a central angle of 08°06'33", an arc distance of 59.54 feet; THENCE SO0°55'02"W, a distance of 99.96 feet; THENCE S89°04'58"E, a distance of 53.27 feet; THENCE SO0°47'47"W, a distance of 184.19 feet to the beginning of a non-tangent curve, concave to the east, having a radius of 50.00 feet, the radius point of said curve bears S40°47'26"E; THENCE southerly along said curve, through a central angle of 80°14'33", an arc distance of 70.02 feet to the beginning of a reverse curve, concave to the west, having a radius of 50.00 feet; THENCE southerly along said curve, through a central angle of 31 °47'18", an arc distance of 27.74 feet; THENCE S00045'1 9"W, a distance of 176.32 feet to the beginning of a tangent curve, concave to the northwest, having a radius of 11.00 feet; THENCE southwesterly along said curve, through a central angle of 90°00'00", an are distance of 17.28 feet; THENCE N89014'41 W, a distance of 382.81 feet to the beginning of a tangent curve, concave to the north, having a radius of 475.00 feet; THENCE westerly along said curve, through a central angle of 24°19'18", an arc distance of 201.63 feet; THENCE N64°55'23"W, a distance of 65.66 feet to the beginning of a tangent curve, concave to the east, having a radius of 11.00 feet; THENCE northerly along said curve, through a central angle of 90°00'00", an arc distance of 17.28 feet; THENCE N25°04'37"E, a distance of 193.29 feet to the beginning of a tangent curve, concave to the west, having a radius of 450.00 feet; salegatlour documentslordinancesl1 11208-0021.doc r THENCE northerly along said curve, through a central angle of 18°08'52", an arc distance of 142.53 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 257,178 square feet or 5.90 acres, more or less. Exception Parcel Biltmore Pad No. 7: COMMENCING at a 518 inch iron rod found for the northeast corner of said 320.350 acre tract of land as recorded in Volume 4373, Page 284 of said Deed Records, Denton County, Texas, from which a 1-112 inch iron pipe found for the apparent most northerly northeast corner of said F. Oliver Survey, Abstract No. 989, bears S89°54'37"W, a distance of 15.00 feet; THENCE with the apparent and occupied east line of said 320.350 acre tract of land, S00°07'1 0"E, a distance of 510.32 feet; THENCE leaving said east line S89°52'50"W, a distance of 1129.28 feet to the TRUE POINT OF BEGINNING; THENCE S00°07'10"E, a distance of 153.93 feet; THENCE S08°06'45"E, a distance of 76.21 feet; THENCE S15°03'55"E, a distance of 76.08 feet; THENCE S23"13'1 1"E, a distance of 76.08 feet; THENCE S30°34'13"E, a distance of 61.10 feet to the beginning of a non-tangent curve, concave to the north, having a radius of 335.29 feet, the radius point of said curve bears N04 ° 18'22" VII; THENCE westerly along said curve, through a central angle of 03°42'34", an arc distance of 21.71 feet; THENCE S89°48'36"W, a distance of 572.58 feet to the beginning of a non-tangent curve, concave to the north, having a radius of 609.64 feet, the radius point of said curve bears N00°57'37"E; THENCE westerly along said curve, through a central angle of 01 021'40", an arc distance of 14.48 feet; THENCE N00°07'10"W, a distance of 426.70 feet; THENCE N89°52'50"E, a distance of 517.71 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 230,089 square feet or 5.28 acres, more or less. Exception Parcel Biltmore Pad No. 10: COMMENCING at a bois d'art corner post in concrete found for corner, said bois d'art corner post being in the east line of a called 320.350 acre tract of land deeded to Robson Denton Development, LP as recorded in Volume 4373, Page 284 of said Deed Records, Denton salegallour documentslordinances1l I&$-0021.doc County, Texas, also being the northwest corner of a tract of land deeded to Hillwood/McCutchin, Ltd., as recorded in Volume 2470, Page 678 of said Deed Records, Denton County, Texas, from which a 1-112 inch iron pipe found for reference bears N82°45'33"E, a distance of 2.32 feet; THENCE S00°07'42"W, with the apparent and occupied east line of said 320.350 acre tract of land and the west line of said Hillwood/McCutchin, Ltd. tract of land, a distance of 1337.13 feet; THENCE leaving said east line of said 320.350 acre tract N89°52'18"W a distance of 1939.05 feet to the TRUE POINT OF BEGINNING; THENCE South, a distance of 467.00 feet; THENCE West, a distance of 450.00 feet; THENCE North, a distance of 111.03 feet; THENCE N11 019'26"W, a distance of 71.39 feet; THENCE N06°08'52"W, a distance of 94.78 feet; THENCE N1 9"43'27"W, a distance of 108.50 feet; THENCE N45°57'41"E, a distance of 53.90 feet; THENCE N14°59'47"E, a distance of 66.03 feet to the beginning of a non-tangent curve, concave to the north, having a radius of 341.79 feet, the radius point of said curve bears N14°59'47"E; THENCE easterly along said curve, through a central angle of 14°59'47", an arc distance of 89.46 feet; THENCE East, a distance of 366.51 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 219,474 square feet or 5.04 acres, more or less. Exception Parcel Biltmore Pad No. 11: COMMENCING at a bois d'arc corner post in concrete found for corner, said bois d'arc corner post being in the east line of a called 320.350 acre tract of land deeded to Robson Denton Development, LP as recorded in Volume 4373, Page 284 of said Deed Records, Denton County, Texas, also being the northwest corner of a tract of land deeded to Hillwood/McCutchin, Ltd., as recorded in Volume 2470, Page 678 of said Deed Records, Denton County, Texas, from which a 1-112 inch iron pipe found for reference bears N82°45'33"E, a distance of 2.32 feet; THENCE SO0°07'42"W, with the apparent and occupied east line of said 320.350 acre tract of land and the west line of said Hillwood/McCutchin, Ltd. tract of land, a distance of 469.07 feet; THENCE leaving said east line of said 320.350 acre tract N89°52'18"W a distance of 1419.5 feet to the TRUE POINT OF BEGINNING; THENCE S47°41'40"W, a distance of 116.91 feet; L salegaRour documentslordinances11 Ez08-0021.doc THENCE S16°12'29"W, a distance of 89.01 feet; THENCE S01 048'44"E, a distance of 115.11 feet; THENCE S22°50'21"W, a distance of 119.12 feet to the beginning of a non-tangent curve, concave to the southwest, having a radius of 301.93 feet, the radius point of said curve bears S46°52'19"VV; THENCE northwesterly along said curve, through a central angle of 42°25'46", an arc distance of 223.59 feet; THENCE N86°38'48"W, a distance of 136.76 feet to the beginning of a non-tangent curve, concave to the southeast, having a radius of 51.78 feet, the radius point of said curve bears S02°27'01"VII; THENCE southwesterly along said curve, through a central angle of 105°30'21", an arc distance of 95.35 feet; THENCE N63°35'09"VII, a distance of 136.47 feet; THENCE N26°24'51"E, a distance of 133.13 feet; THENCE N08°51'22"W, a distance of 83.95 feet; THENCE N05°40'47"E, a distance of 186.70 feet; THENCE East, a distance of 530.72 feet; THENCE S34°02'17"E, a distance of 119.30 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 223,568 square feet or 5.13 acres, more or less. ALSO EXCEPTING THEREFROM the parcels described in the following recorded documents: Amended Final Plat Robson Ranch Club House A, Lot 1, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 41.368 Acres, City of Denton, Denton County, Texas, Cab U, Page 435, P. R. D. C.T Final Plat Ed Robson Boulevard, Lot 1-x, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 8.854 Acres, City of Denton, Denton County, Texas, Cab R, Page 339, P.R.D.C.T Final Plat Ed Robson Boulevard, Lot 2-x, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 0.998 Acres, City of Denton, Denton County, Texas, Cab T, Page 002, P.R.D.C.T Minor Final Plat Ed Robson Boulevard-Phase 2, Lot 1-x, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 5.463 Acres, City of Denton, Denton County, Texas, Cab T, Page 286, P.R.D.C.T Final Plat Ed Robson Boulevard-Phase 3, Lot 1-x, Block A, A part of the M. Scurlock Survey, sAleganaur documentslordinancesll11z08-0021.doc Abstract No. 1141, 7.408 Acres, City of Denton, Denton County, Texas, Cab U, Page 676, P.R.D.C.T. Final Plat Robson Ranch Golf Course A Phase 1, Lot 1-6, Block A (containing holes Al-Al0, Alb and Driving Range A), A part of the M. Scurlock Survey, Abstract No. 1141, 134.205 Acres, City of Denton, Denton County, Texas, Cab T, Page 231, P.R.D.C.T. Final Plat Robson Ranch Golf Course B Phase 1, Lot 1-6, Block A (containing holes B1-B9 and Driving Range B), A part of the M. Scurlock Survey, Abstract No. 1141, 108.809 Acres, City of Denton, Denton County, Texas, Cab U, Page 338, P.R.D.C.T. and the effect of Amended Final Plat of Lot 1 Block A Robson Ranch Golf Course B Phase 1, A part of the M. Scurlock Survey, Abstract No. 1141, City of Denton, Denton County, Texas, Cab W, Page 652, P.R.D.C.T, and the exception of the created lot 1-B adjusting total acreage to 98.561 acres. Final Plat Robson Ranch Maintenance Yard "A", Lot 1, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 1.387 Acres, City of Denton, Denton County, Texas, Cab U, Page 170, P.R.D.C.T. Amended Final Plat Robson Ranch Michelle Way, Phase 1, Lot 1-x, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 8.39 Acres, City of Denton, Denton County, Texas, Cab X, Page 145, P.R.D.C.T. i Final Plat Robson Ranch 1 Phase 1, A part of the M. Scurlock Survey, Abstract No. 1141, 11.281 Acres, City of Denton, Denton County, Texas, Cab R, Page 337, P.R.D.C.T. Final Plat Robson Ranch 1 Phase 2, A part of the M. Scurlock Survey, Abstract No. 1141, 56.833 Acres, City of Denton, Denton County, Texas, Cab S, Page 229, P.R.D.C.T. Final Plat Robson Ranch 2 Phase 1 Lots 1-7-x, Block A; 1-11 Block B: 1-14, Block C; lots 1-36- x, Block D; lots 1-7, Block E=; and Lots 1-27-x, Block F, A part of the M. Scurlock Survey, Abstract No. 1141, 20.870 Acres, City of Denton, Denton County, Texas, Cab S, Page 228, P. R. D.C.T. Final Plat Robson Ranch 2 Phase 2, 81 residential tots, 2 Private Open Spaces (32-x, Block F & Lot 12-X, Block H), A part of the M. Scurlock Survey, Abstract No. 1141, 16.983 Acres, City of Denton, Denton County, Texas, Cab U, Page 425, P.R.D.C.T. Final Plat Robson Ranch 3 Phase 1, 45 Lots, 2 Private Open Spaces (29-x, Block B (Private Streets), A part of the M. Scurlock Survey, Abstract No. 1141, 12.706 Acres, City of Denton, Denton County, Texas, Cab U, Page 83, P.R.D.C.T. Final Plat Robson Ranch 3 Phase 2, 67 Lots, 3 Private Open Spaces, A part of the M. Scurlock Survey, Abstract No. 1141, 20.917 Acres, City of Denton, Denton County, Texas, Cab U, Page 422, P.R.D.C.T. Amended Final Plat Robson Ranch 4 Phase 1, 39 Lots, A part of the M. Scurlock Survey, Abstract No. 1141, 12.262 Acres, City of Denton, Denton County, Texas, Cab U, Page 448, P. R. D.C.T. Final Plat Robson Ranch 4 Phase 2, 148 Lots, 6 Private Open Spaces, A part of the M. Scurlock Survey, Abstract No. 1141, 46.02 Acres, City of Denton, Denton County, Texas, Cab salegaRour documentslordinancesll 11208-0021.doc i U, Page 426, P.R.D.C.T. Final Plat Robson Ranch 5-1, situated in the Mial Scurlock Survey, Abstract No. 1141, 17.69 Acres, City of Denton, Denton County, Texas, Cab W, Page 28, P.R.D.C.T. Final Plat Robson Ranch 5-2, situated in the Mial Scurlock Survey, Abstract No. 1141, 20.03 Acres, City of Denton, Denton County, Texas, Cab W, Page 26, P.R.D.C.T. Final Plat Robson Ranch 7-1, in the M. Scurlock Survey, Abstract No. A-1141, 14.02 Acres, City of Denton, Denton County, Texas, Cab X, Page 149, P.R.D.C.T. Final Plat Robson Ranch 7-2, in the M. Scurlock Survey, Abstract No. A-1141, 16.45 Acres, City of Denton, Denton County, Texas, Cab X, Page 151, P.R.D.C.T. Amended Final Plat Robson Ranch 8-1, in the M. Scurlock Survey, Abstract No. A-1141, 35.78 Acres, City of Denton, Denton County, Texas, Cab W, Page 882, P.R.D.C.T. Final Plat Robson Ranch 8-2, in the M. Scurlock Survey, Abstract No. A-1141, 25.69 Acres, City of Denton, Denton County, Texas, Cab W, Page 279, P.R.D.C.T. Final Plat Robson Ranch 9-1, in the M. Scurlock Survey, Abstract No. A-1141, 17.64 Acres, City of Denton, Denton County, Texas, Cab W, Page 713, P.R.D.C.T. Amending Final Plat Robson Ranch 9-2, in the M. Scurlock Survey, Abstract No. A-1141, 28.18 Acres, City of Denton, Denton County, Texas, Cab X, Page 308, P.R.D.C.T., excepting therefrom Lot 1-X (labeled Gas Park "C") acreage of 4.85 acres for an adjusted area of 23.33 acres. Amended Final Plat Robson Ranch 11, in the M. Scurlock Survey, Abstract No. A-1141, 30.25 Acres, City of Denton, Denton County, Texas, Cab W, Page 635, P.R.D.C.T. Final Plat Robson Ranch 14, situated in the Mial Scurlock Survey, Abstract No. 1141, 26.210 Acres, City of Denton, Denton County, Texas, Cab V, Page 736, P.R.D.C.T. Final Plat Robson Ranch 15, situated in the Mial Scurlock Survey, Abstract No. 1141, 43.060 Acres, City of Denton, Denton County, Texas, Cab V, Page 733, P.R.D.C.T. Final Plat Robson Ranch 16, situated in the Mial Scurlock Survey, Abstract No. 1141, 22.793 Acres, City of Denton, Denton County, Texas, Cab V, Page 687, P.R.D.C.T. Amended Final Plat Robson Ranch 24, in the M. Scurlock Survey, Abstract No. A-1141, 28.89 Acres, City of Denton, Denton County, Texas, Cab Y, Page 408, P.R.D.C.T. Gas Parks "A" (4.848 acres) and "B" (4.987 acres) as described in Ordinance No. 2008.285 of the City of Denton, Texas. Gas Parks "D" (5.004 acres), "E" (5.001 acres), "F" (4.819 acres) and a Storage Tank Facility (3.612 acres) as described in Ordinance No. 2009-085 of the City of Denton, Texas. Gas Park "G" (5.00 acres) as described in Ordinance No. 2009-103 of the City of Denton, Texas. s:VegaRour documentslordinances1111z08-0021.doc The area of this legal description is 1805.78 acres, more or less. Note: All bearings are referenced to the Texas Coordinate System, NAD 83, North Central Zone, based on National Geodetic Survey control monument No. R 945 with 1991 Denton County GPS Survey published values of N= 7,092,220.759 and an E = 2,353,562.444, having a combined scale factor this site of 0.99987330, distances and areas shown are surface. The elevation of R945 is 734.33 feet. Exhibit $ (Detailed Plan) LEGEND u i s av r „a oiivra 5 u,c4cr a sea E%ISfw 'A1WEMENrS V r GAS -W [rS'cl NOTA PAPT 4 WASH LAYS : 7 y COMMENCFPr. xGCE9S ~ _ i' ExLEr'TFON.E f{phl : nEInILFW+ .nc,u.ueeau. pc, oar~~suF Y~4 arse J = e.e.N. a c. a.A snevo. r ~ 1 .~r%ac qr ~ '~e E `c I~ r.. - wF .i, - rc.. ti. PCITTGALE 51,' vLr 1 - .u r ~ yl ` s 4 13(14 . x r - _ 'fug tiC[f y 1 rua ~.qy„ 1- 4f: 4„`A000 -L'RVCY S ~F - _ v.. a.nMnrt mxmw.~ w 1 z i ¢}us v S ~ _ P ROBSON RANCH TEXAS - ` DETAIL PLAN AA£NDNIEMT Exhibit C (Detailed Land Use Plan) LEGEND COMMUNITY SERVICES (CS) NEIGHBORHOOD SERVICES (NS) LAND USE CATEGORIES CS - COMMUNITY SERVICES 14.1 AC. PARKING (P) NS - NEIGHBORHOOD SERVICES 37.1 AC. CLUBHOUSE I REC. FACILITIES (OR) P - PARKING 8.1 AC. OR - OUTDOOR RECREATION fist AC. GOLF COURSE (SEMI-PRIVATE) (OR) R - RESIDENTIAL 1926.1 AC. CITY PARK (PUBLIC) (OR) STREET a R.O.W. 77.6 AC. TOTAL ACRES 2,725AC. OPEN SPACE (PRIVATE) (R) _ GAS PARK f TANK FARM (GP) (R)~ J GAS PARK (GP) (145) TRADITION LOTS (SFC) (R) Is~k ~ I [rlrk` PREMIERE LOTS (SFP) (R) a f,. r Ly I! PRESERVE LOTS (SFL) (R) y r DUPLEX LOTS (SFV)(R) 1~ Lfr 7.4 tl r , EXCEPTION FROM DETAIL PLAN 4E"5 1 c I Mw I PRIVATE COLLECTOR ROADS ti y 7 t` ~a } c. R: - I r -1 - I f't- mss. '.,w ~ f41 Y 1 x~{- ` 7 r"`il r' ,DTI [I r tl}i 6 1 C T t; ~ I a 1 1 f 1 i_ r g~ rI Jam. ~ ' F , a db, r, III n 4'r.',. h ti > 1 1,z \ fat if. -J CD) 1 1 C 7i 4ta... g , O bop IH f ( r 9 IMF SChI: 1 I.^(fi Ley ~`i -i"` P' - i ti - ' I _ CWNW: R0E50N ❑EN-ION DEVELOPMENT 9532 L. RIr~:;~S ROAD SUN LAK=5, AZ. 352111 1 L.- (480)-8915 -.9,ao ROBSON RANCH TEXAS LAND USE PLAN Exhibit D (Detailed Water System Alan) a WATER SYSTEM Cfce wins mr LEGEN0 ~.rs~~•+.m J ...emu ~ ` - ..i j E, pr ~ I it 1- O - 4 - .L e YE % - _°,r~~ ; r- SS V- I ROBSON RANCH DETAIL PLAN WATER SYSTEM Exhibit E (Detailed Sewer System Plan) LEGEND SEWER SYSTEM r• a c . . ' Y JhY 1 a A _ 1 - li 4.~.~,now.q nmx+Ewr,wat r.-*eram, I t i s ~f r 1 31 ~ fT- f _ ~P 1 _ I ! t±rt~ 1 _ a % 1 r• ROBSON RANCH DETAL PLAN SEWER SYSTEM Exhibit F (Detailed Open Space Flan) LEGEND GOLF COURSE CITY PARK OPEN SPACE 111 I. gyp/ t c L \ , J ~ l ~ JL f lF j r ~ TLII I l I T' ar --flr- L I tl ® r H~ rr H. PH u "fir ~ ill! ✓ ~ ~,I\ r `1 <.~i ~r . /f r -~r~ r-~~~ `ti ~3 1 s C? xl _ 0 60 1200 SCALE:=1"=1 zoo' g _ v ---.OWNER: ROBSON OENTON DEVELOPMENT 9532 E. RIGGS ROAD SUN LAKES, AZ. 85248 TEL: (48C)-895-9200 ROBSON RANCH TEXAS OPEN SPACE Exhibit G (Detailed Screening and Fence Plan) IJJBY NWL WALK, FENCE AND ACCESS GATE FLAN I J - LEGEND _s 1 t r 14e '4~ IF J1 % R 1 i noaa©M evrae nnin R09SON RANCH DETAIL PLAN SIDEWALK, FENCE AND ACCESS GATE PLAN Exhibit H (Detailed Plan for Gas Park 13) V;CINIiY VAP - ALI- mm~ N~ti,, = LXl IBI T Ill J. 41c(':9HE\' III A- oil t M 24M w~ S Z ~ g W W0. W PN4RW13 I !HI II~ S~1f11 ail ' - _ ~1.,1111l~. M 411or+rvci aa~~ ti~ % I! tiURRn1 vDIv r...- ,ICI'tit,\If3,r:,a 1'1Y. f. f 1 ~ irn9 1 H.R.U.` C.R.R. -4 110 [';V DAR LEGEND. PD r7I „ rPD1\DARY r?'•T.Yr,:' ♦r~r mr -D IT T" 711 W~_