HomeMy WebLinkAboutAugust 01, 2000 Agenda AGENDA Agenda Item~; ~
CITY OF DENTON CITY COUNCIL Date ~ / I I ~ [')
August 1, 2000
After determining that a quorum is present and convening in an Open Meeting, the City Council
of the Clt~ of Denton, Texas will convene in a Closed Meeting on Tuesday, August 1, 2000 at
5 15 p m in the City of Denton Council Work Session Room, Denton City Hall, at 215 East
McKlnney, Denton, Texas to consider specific items when these items are listed below under the
Closed Meeting section of this agenda When items for consideration are not listed under the
Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at
5 15 p m and will convene at the time listed below for its regular or special called meeting The
City Council reserves the right to adjoum into a Closed Meeting on any item on its Open
Meeting 0genda consistent with Chapter 551 of the Texas Government Code, as amended, as set
forth below
1 Closed Meeting
[**Before the Denton City Council may deliberate, vote, or take final action on
each of the agenda items posted as a competitive matter in a Closed Meeting
under the provisions of TEX GOV'T CODE Section 551 086(c), the City
Council must first make a good faith determination, by majority vote of its
members, that the particular agenda item is a competitive matter that satisfies the
requirements of Section 551 086(b)(3) The vote shall be taken during the Closed
Meeting and shall be included in the certified agenda of the Closed Meeting If
the City Council fmls to determine by a majority vote that the particular agenda
item satisfies the reqvarements of Section 551 086(b)(3), the City Council may not
deliberate or take any further action on that agenda item in the Closed Meeting ]
A Deliberations Regarding Real Property --- Under TEX GOV'T CODE Section
551 072 Deliberations Regarding Certain Public Power Utilities Competitive
Matters --- Under TEX GOV'T CODE Section 551 086 **
1 Receive information from Staff, discuss, deliberate, consider, and provide
Staff with direction respecting the valuation of, and the possible sale,
transfer, assignment, or other divestiture of real property pertmmng to the
City of Denton's electric utility system, including without limitation the
Gibbons Creek generation faclhty located in Grimes County, Texas, the
Spencer generation facility located on Spencer Road in Denton County,
Texas, the two hydroelectric facilities located in Denton County, Texas,
and other components of the City's electric generation assets
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 SECTION 551 086 OF THE
TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY
COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR
EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 00I,
ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING
AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON
Cay of Denton Clty Council Agenda
August 1, 2000
Page 2
THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071-
551 086 OF THE TEXAS OPEN MEETINGS ACT
Regular Meeting of the C~ty of Denton City Council on Tuesday, August l, 2000 at 6 00 p m ~n
the Council Chambers at City Hall, 215 E McK~nney Street, Denton, Texas at which the
following items will be considered
Pledge of Allegmnce
A, U S Flag
B Texas Flag
"Honor the Texas Flag -- I pledge allegmnce to thee, Texas, one and ~ndivisible"
PROCLAMATIONS/PRESENTATIONS
2 July Yard of the Month Awards
CITIZEN REPORT
3 Receive a report from James Hineman regarding the pet ordinance
4 Receive a report from Robert Hughes regarding the Pecan Creek expansion
5 Receive a report from Wilham Reid regarding the Pecan Creek expansion
6 Receive a report from Barbara Harris regarding the Pecan Creek Drainage Project
7 Receive a report from Ray Harris regarding the Pecan Creek Drmnage ProJect
8 Receive a report from Rob Raynor regarding the Pecan Creek drainage channel
9 Receive a report from R~chard Gore regarding proposed changes to Stroud Street due to
Pecan Creek Drmnage ProJect
10 Receive a report from Ross Melton regarding Melton vs Denton - the answer that ~s not
NOISE EXCEPTION
11 Consider a request for an exception to the Noise Ordinance for the Third Annual Denton
Blues Festival at the North Texas Fairgrounds on September 16, 2000 hosted by the
Denton Black Chamber of Commerce from 10 00 p m until midnight
CONSENT AGENDA
Each of these ~tems is recommended by the Staff and approval thereof will be strictly on
the bas~s 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
C~ty of Dgnton C~ty Council Agenda
August 1, 2000
Page 3
The C~ty Council has received background ~nformat~on and has had an opportumty to rinse
questions regarding these ~tems prior to consideration
L~sted below are b~ds, purchase orders, contracts, and other ~tems to be approved for
payment under the Consent Agenda (Agenda Items 12-21) Th~s hst~ng ~s prowded on the
Consent Agenda to allow Council Members to d~scuss or w~thdraw an ~tem prior to approval of
the Consent Agenda If no ~tems are pulled, Consent Agenda Items 12-21 below will be
approved w~th one motion If ~tems are pulled for separate d~scuss~on, they will be considered as
the first ~tems under "Items for Ind~wdual Consideration"
12 Consider approval of a tax refund to Dawd Clout~er The 1999 tax was prod twice,
resulnng ~n an overpayment
13 Consider approval of a tax refund to Nextel of Texas, Inc The 1999 property tax account
was deleted from the tax roll, resultmg m an overpayment
14 Consider approval of a tax refund to James Wood Auto Park The 1999 tax was prod
twine, resulting ~n an overpayment
15 Consider approval of a tax refund to Ronald E Jones The 1999 taxable value was
corrected per Supplement #13 from Denton Central Appratsal D~stnct, resulting ~n an
overpayment
16 Consider adoption of an ordinance authortz~ng the execution of a change order to a
contract for lease/purchasing finanmng of eqmpment between the C~ty of Denton and
Government Capital Corporation, providing for an ~ncrease ~n the quantity of ~tems, and
an increase ~n the effective rate and ~ncrease ~n the total finanmng charges amount, and
prowthng an effective date (B~d 2489 - Lease/Purchasing F~nanmng awarded to
Government Capital Corporatmn at the effective rate of 4 99% and approximate
financing charges total $99,819 + Change Order 1 at the effecttve rate of 5 975% an
~ncrease financing charge of $28,698 32 for a total of $128,517 32)
17 Consider adoption of an ordinance accepting competitive b~ds and awarding a pubhc
works contract for the purchase of South Lakes Park/Joe Skfles Park Improvements,
provtd~ng for the expenditure of funds therefore, and prowdtng an effective date (B~d
2536 - South Lakes Park/Joe Skfles Park Improvement ProJect awarded to Rehable
Pawng Co ~n the amount of $602,150)
t 8 Consider adoption of an ordinance accepting a response to a request for sealed proposal
and awarding a contract for the expenditure of funds therefore, and to provide an
effective date (RFSP 2483 - MasterCard/V~sa Merchant awarded to Texas Bank for an
annual estimated expenditure of $22,334 16)
19 Consider adoption of an ordinance accepting compet~tlve btds and awarding a contract
for the purchase of a Crawler Dozer, prowd~ng for the expenditure of funds therefore,
and providing an effective date (Bid 2519 - Crawler Dozer awarded to Darr Eqmpment
~n the amount of $313,900)
City of Denton City Council Agenda
August 1, 2000
Page 4
20 Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of a 2500 KVA Padmounted Transformer, providing for the expenditure
of ftmds therefore, and provlthng an effective date (Bid 2533 - 2500 KVA Padmounted
Transformer awarded to Fred Oberlander and Associates Inc in the amount of $20,008)
21 Consider adoption of an ordinance approving a real estate contract between the City of
Denton and Carolyn S McKlnzie, relating to the purchase of approximately 0 267 acre of
land and an approximate 0 332 acre drmnage easement, both being located m the Thomas
Toby Survey, Abstract No 1288 of Denton County, Texas for the U S Htghway 77
Project, with title vesting in the State of Texas, authorizing the expenditure of funds
therefore, and provx&ng an effective date
ITEMS FOR INDIVIDUAL CONSIDERATION
22 Consider adoption of an ordinance of the City of Denton, Texas, partially abandomng a
portion of Jim Christal Road being located between the west right-of-way hne of
Interstate 35 and the east hne of the G C & S F Rmlroad and being d~rectly across
Interstate 35 from Scripture Road and being an approximate 40 acre tract of land located
~n the B B B & C R R Company Survey, Abstract Number 192, Ctty of Denton, Denton
County, Texas, and declanng an effective date
23 Consider adoption of an ordinance supercedlng and repeahng Ordinance No 99-252 to
increase the size of McNalr Elementary School Zone, designating and estabhsh~ng school
safety speed zones, reducing the maximum prima facie speed limit for said school safety
speed zones to speeds found to be reasonable and safe by the Engineering and
Transportation Department ~nvesUgatlons for the designated hours, providing for school
bus loading zones at certain schools, providing a penalty of a fine not to exceed two
hundred dollars ($200 00), providing a severabthty clause, providing for publication, and
declaring an effective date (Traffic Safety Commission recommended approval on
March 6, 2000 )
24 Consider adoption of an ordinance approwng a notice of restriction for a 14 897-acre
mitigation area on South Lakes Park required by the United States Army Corps of
Engineers, authorizing its execution by the City Manager of h~s designee, and prowthng
an effective date
25 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute an agreement for professional legal and lobbying services with the
law offices of Jim Boyle for services pertaining to legal and legislative matters relating to
the C~ty of Denton, Denton Mtmm~pal Electric for the ~ntenm period prior to the opening
of the 77th Texas Legislature, authorizing the expenditure of funds therefore, providing
for retroactive effect of the agreement, and provl&ng an effective date
26 Consider approval of a resolution of the City of Denton, Texas urging the Texas
Legislature to support changes m state law to create a deposit system for glass and plastic
bottles, and provlthng an effective date
27 Consider nominations/appointments to the C~ty's Boards and Commissions
C~ty of D~nton C~ty Councd Agenda
August 1, 2000
Page 5
28 New Bus~ness
Th~s ~tem provides a section for Council Members to suggest items for future agendas
29 Items from the C~ty Manager A Notification of upcoming meetings and/or conferences
B Clarification of items on the agenda
30 Possible cont~nuatmn of Closed Meeting under Sections 551 071-551 086 of the Texas
Open Meetings Act
31 Officml Action on Closed Meeting Item(s) under Secttons 551 071-551 086 of the Texas
Open Meetings Act
CERTIFICATE
I certify that the above notme of meetmg was posted on the bulletin board at the Cay Hall of the
C~ty of Denton, Texas, on the day of ., 2000 o'clock (a m )
(pm)
CITY SECRETARY
NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS 1S 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
AgendaNo
Agenda Item
AGENDA INFORMATION SHEET
AGENDA DATE' August 1, 2000
DEPARTMENT. City Manager's Office
CM' Michael W Jez, City Manage//~ /
SUBJECT
Consider a request for an Exception to the Noise Ordinance for the Third Annual Denton
Blues Festival at the North Texas Fmrgrounds on September 16, 2000 hosted by the
Denton Black Chamber of Commerce from 10 00 p m until M]dmght
BACKGROUND
The Denton Black Chamber of Commerce is sponsoring the Third Annual Demon Blues
Festival The event will showcase national and local blues musicians The event is
scheduled for September 16, 2000 from Noon to Midnight
As you know, the noise ordinance declares loudspeakers, amplifiers, and musical
instruments a noise nuisance, particularly after 10 00 p m Monday through Saturday and
anytime on Sunday (Attachment 3) The ordinance does, however, provide that the City
Council may make exceptions when the public interest is served
The organizers have been informed that should Council approve this request, responsible
use of amphfied sound is still reqtured by Sect]on 20-1 o£the City of Denton Code of
Ordinances In particular, Sect]on 20-1(a) states
It shall be unlawful for any person to make or cause any unreasonably loud,
disturbing, unnecessary noise which causes or may cause material distress,
discomfort or injury to persons of ordinary sensibilities in the immediate
vic]tory thereof
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
A No]se Except]on was granted by the City Council on June 16, 1999 for the Second
Annual Blues Festival
Black Chamber of Commerce
Denton Blues Festival No~se Exceptaon
September 16, 1999
Page 2
FISCAL INFORMATION
None
Respectfully S~bm~tted
D~rector, Management and Pubhc
Information
Prepared by
Rodne~y ltchel~ lt~~
Management Assistant
Attachments 1 Request from Ehhu Gfllesp~e
2 Map of the area
3 No~se Ordinance
ENTON BLACK CHAMBER OF COMMERCE
June 28, 2000
u. Mo~.. City of Denton
".bbc Rclahon, City CoUncil
2t5 E. McKinney
Ker.~,o,* Denton, Texae 76201
Cit~ Council Membere:
.o.raM..,~. The third annual Denton Blues Festival is scheduled to take place at the
K.,,e,~ ....... ~ North Texas State Fair complex on September 16. 2000 The Denton Black
"°"'~'"~ Chamber of Commerce will again sponsor th~s fesbval, showcasing the
~'~"""~' talents of national and local blues musicians Th~s one-day event ~s
.o~.,~=~r scheduled to beg~n at 12 O0 noon and end at 12 O0 a.m
The Black Chamber ~s requesting an excepbon to the no~se ordinance unbl
,, midnight, [or the use of ampll§~l sound at the Nodh Texas Fmr complex, to
accommodate this event
^ ~c.~,,,r~Sincerely.
^r,,~.,,^ ....... . cc: Linda Ratllff, D~rector of Econom;c Development
POBox51026
Denton, TX 76206
Ph (940)484-4404
Fax (940) 382-9695
3
Chapter ~0
NUISANCES*
Art. I. In General, §§ 20.1--20-30
Art. 1I. Abandoned Property, §§ 20.91--20-70
DiV 10enerally, §§ 20-31--20-40
Div 2 Motor Vehicles, §§ 20-41--20-70
Art. IIL Grass and Weeds, §§ 20.71--20-73
ARTICLE I. IN GENERAL
See. 20-1. Noise.
(a) It shall be unlawful for any person to make or cause any unreasonably loud,
d~sturbing, unnecessarY noise which causes or may cause material distress, discomfort or
injury to persons of ordinarY sensibilities in the immediate vicinity thereof
(b) It shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to substantially interfere wtth the comfortable enjoyment
of private homes by persons of ordinarY sensibilities
(c) The following acts, among others, are declared t~ be noise nuisances m wolatton of this
Code, but such enumeration shall not be deemed to be exclusive
(1) The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10 00 p m and 7 00
a m, as to annoy or disturb the quiet, comfort or repose of persons of ordinarY
senmbillties in any dwelling, hotel or other type or residence,
(2) The use of any stationary loudspeaker, amplifier or musical instrument in such
manner or with such volume as to annoy or disturb persons of ordinarY sensibilities
in the immediate vicinity thereof, particularly between the hours of 10 00 p m and
7 00 a m, or the operation of such loudspeaker, amplifier or musical instrument at
any time on Sunday, provided, however, that tho city council may make exceptions
upon application when tho public interest will be served thereby,
(3) The blowing of anysteam whistle attached t° any stati°nary b°iler °r the bI°wing °f
any other loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or stop work or as a warning of danger,
(4) Tho erection, excavation, demohtion, alteration, or repair work on any budding at
anytime other than between the hours of 6.00 am. and 8 30 p m Monday through
Friday from June 1 to September 30; between 7 00 a m and 8 30 p m Monday
through Friday from October I to May 31; between 8 00 am. and 8 30 p m on
*Cross references-Protected migratory bird roes declared nuisance. § 6-87, mspec-
tlon and abatement warrants, § 19-86 et seq; insect and rodent control in mobile home and
recreational vehicle parks, § 32-91
1389
Supp No 6
DI~N'i'ON UODI'~
§ 2o-1
~ntur(Iny; n.d beLwee~ l 00 p m nmi 6 30 p m u. ~umlny, provided, )mwever tirol tile
city co. ncJl tony Ineuo .pochll purmlte fur eucl~ wor~ .t .ther I~our. hi cneo of urge.t
(~) 'lho crontlo, of n,:y loud mid exceeeivo aioieo ls~ cmmectlu, with tl~o Iondml~ or
U.l.mJi,t~ oF nny veJdclo or Lira OlZotthtg or deetructlo, of b.lee, ~oxee, ct. Les ur
cui~tt~l.orn;
{0) 'l~*o .,o oF nl)y tlrUlil,
.ttrncti.g otto. Lion by the ere.ilo, of ~mJeee to troy i)erforlt~u.co, nhow, the.t~e,
m.tto, picLuro I&Lmne, eulo of morchnnclieo or dlel~J.y
I~lock or co.firefi~te tspo. tl,o eldewnlke or etreoto t~e.r or mljnce.t theteto
(C.ste I~)GG, ~q 14-~0, 14 21, Ord
' I
Aoenda No
Agenda Itel~,
Date
AGENDA INFORMATION SHEET
AGENDA DATE. August 1, 2000
DEPARTMENT: Fiscal & Municipal Services/Tax
ACM. Kathy DuBose, Assistant City Manager of Fiscal and Mume~pnl Servlces~
SUBJECT
Consider approval of a tax refund to David Cloutier The 1999 tax was pa~d twice, resulting in an
overpayment
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of $500 00 The 1999 property tax for David Cloutier was paid twice On
12/31/99, the tax office received a check in the amount of $606 61 from Mr Clout~er's mortgage company
Also on the same day, a check for the same amount was received from Mr Clout~er, resulting In an
overpayment of $606 61 All documentation necessary for refund is attached
FISCAL INFORMATION:
The tax overpayment revenue fund would be reduced by $606 61
Respectfully submitted
D~ana Ortlz
Director of Fiscal Operations
Prepared by
Carolene Folse
Revenue & Tax Analyst
APPLICATION FOR TAX REFUND
Collecting office name Collecting tax for (taxing units)
CITY OF DENTON TAX OFFICE CITY OF DENTON
Present mailing address (nUmber and street)
601 E HICKORY SUITE F
City, town or post office, st~ta, ZIP code Phone (area code and number)
DENTON, TX 76205 1940) 349-8318
To apply for a tax refund, the taxpa~/er must complete the following
uwnerb r~ame
Stap 1 DAVID CLOUTIER
Present Mailing Address (number and street)
Owner's name 1104 E WINDSOR DR
C~ty, town or post office, state, ZIP code Phone (area code and number)
and address DENTON, TX 76201-1299
Step 2 Legal description (or attach copy of the tax bill or tax receipt)
Describe BRENTWOOD, BLOCK C, LOT 6 (W100')
the property Address or location of property
1104 E WINDSOR DR
Account number of property Tax receipt number
028993 OR 9904140078
Na~ne of Taxing Year Date Amount Amount
Unit From Which For Which Refund Of The Of Of Tax Refund
Refund is Required Is Requested Tax Payment Taxes Paid Requested
Step 3 Clt7 of Denton 1999 12/31/99 $ 606 61
G~ve the tax Clt~ of Denton 1999 12/31/99 $ 606 61 $ 606 61
payment
~nformat~on
Taxpayer's reason for refund ( attach supporting documentation) '1999 tax was paid twice
*1 hereby apply for the refund of the above-descnbed taxes and ce~fy that the mformat~on I have given on
Step 4 this foFn Is true and correct to the best of m}' knowledge and behef
~lgnature uate ot application tot tax retuncl
Sign the form sign ,~ ~/~ , /3 /~/~ ~
[~ Any person who makes a false entry upon the foregmng record shall be subject to one of the following penalties
I 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5 000 or both
! such fine and imprisonment, 2 Confinement ~n jail for a term up to 1 year or a fine to exceed $2,000 or both such
fine and imprisonment as set forth in Section 37 10, Penal Code
2
Z
0 0000 000 0000 0000 0000 0000
o ~z ~ z ~ ~,, ~ ~
"~'"'~[o, ooo. '"'"~ *'"'~**~'"'~'""'"'"'"'"
qii P~ .ooo ooo oooo oooo
Agenda Item.
Oate
AGENDA INFORMATION SHEET
AGENDA DATE: August 1, 2000
DEPARTMENT: Fiscal & Municipal Services/Tax
ACM' Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services_)~
SUBJECT
Consider approval ora tax refund to Nextel of Texas, Inc The 1999 property tax account was deleted from
the tax roll, resulting in an overpayment
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
umt for refunds m excess of $500 00 The 1999 property tax account for Nextel of Texas, Inc was deleted
from the City of Denton tax roll per Supplement #8 from the Denton Central Apprmsal D~stnct, resulting m
an overpayment of $2,592 99 The value was earned on two accounts in error All documentation
necessary for refund ~s attached
FISCAL INFORMATION:
The tax overpayment revenue fund would be reduced by $2,592 99
Respectfully submitted
D~rector of Fiscal Operations
Prepared by
Carolene Folse
Revenue & Tax Analyst
0 000 0000 ~000 ~000 0000
Date_ ~01 t ~ O0
AGENDA INFORMATION SHEET
AGENDA DATE: August 1, 2000
DEPARTMENT: Fiscal & Mumcipal Services/Tax
ACM. Kathy DuBose, Assistant City Manager of Fiscal and Mumc~pal Services ~
SUBJECT
Consider approval of a tax refund to Sames Wood Auto Park The 1999 tax was paid twice, resulting ~n an
overpayment
BACKGRO~
Chapter 31 11 of the Texas Property Tax Code requares the approval of the governing body of the taxing
unit for refunds m excess of $500 00 The 1999 property tax for James Wood Auto Park was prod twice On
1/25/00, the tax office received the 1999 VIT disbursement m the amount of $7,351 07 for James Wood
Auto Park paying the account m full Then on 1/31/00, a check for the same amount was received, resulting
in an overpayment of $7,351 07 All documentation necessary for refund ~s attached
FISCAL INFORMATION:
The tax overpayment revenue fund would be reduced by $7,351 07
Respectfully submitted
Diana Ort~z
Director of F~scal Operations
Prepared by
Carolene Folse
Revenue & Tax Analyst
Collectlng'"A'~ P ~_~rAllONofficeFORnameTAX REFUND Collecting tax for (taxing units)
CITY OF DENTON TAX OFFICE J U N 1 4 2000 c,Ty oF DE.TO.
Present mailing address (number and street)
60'1 E HICKORY SUITE F
City, town or post office, state, ZIP code Phone (area cede and number)
DENTONt TX 76205 (940) 349,.8318
To apply for a tax refund, the taxpayer must complete the following
uwnera Name
Stap 1 JAMES WOOD AUTOPARK
Present Mailing Address (number and street)
h~ner's name 3906 SOUTH 1-35E
City, town or post office, state, ZIP code IPhone (area code and number)
I
nd address DENTON! TX 76205-9321
Stap 2 Legal description (or attach copy of the tax bill or tax receipt)
Descdbe PERSONAL PROPERTY - NEW CAR DEALERSHIP
lhe property Address or location of property
3906 SOUTH i-35E
Account number of property Tax receipt number
9~ OR 9905030231
Name of Taxing Year Data Amount Amount
Unit From Which For Which Refund Of The Of Of Tax Refund
Refqnd is Required Is Requested Tax Payment Taxes Paid Requested
Step 3 City of Denton 1999 1/25/00 $ 7~351 07
Give the tax ! City of Denton 1999 1/31/00 $ 7r351 07 $ 7~351 07 I
payment
~nformation
Taxpayer's reason for refund ( attach supporting documentation) 't999 VIT Tax was received from Denton
County on 1125100~ then },our check waa received on 1131100 for same amount
*1 hereby apply for the refund of the above-described taxes and cert;fy that the mformahon I have given on
Step 4 th~s fo~'m is true an~l. correct to the best of my knowledRe and belief *
ua~
or
application
for
tax
retuRn
Sign the form sign I~k'-/~'/~'~ ~ ~--..
here ~ L ,~ ~'-/
Any person who makes a false entry upon the foregoing record shall be subject fo one of the following penalties
1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both
such fine and imprisonment, 2 Confinement ~n jail for a term up to I year or a fine to exceed $2,000 or both such
fine and Section 37 10, Penal Code
Agenda Item
Date
AGENDA INFORMATION SItEET
AGENDA DATE: August 1, 2000
DEPARTMENT' Fiscal & Mume]pal Services/Tax
ACM' Kathy DuBose, Assistant City Mauager of Fiscal and Mum¢]pai Servlees~
SUBJECT
Cons]der approval ora tax refund to Ronald E Jones The 1999 taxable value was corrected per
Supplement # 13 from Denton Central Apprmsal Dlsmct, resultmg m an overpayment
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing
umt for refunds m excess of $500 00 The 1999 property taxable value for Ronald E Jones was corrected
per Supplement #13 from the Denton Central Apprmsal D~smct, resulting ~n an overpayment of $812 82
All docamentat]on necessary for refund Is attached
FISCAL INFORMATION:
The tax overpayment revenue fund would be reduced by $812 82
Respectfully submitted
Director of Fiscal Operations
Prepared by
Carolene Folse
Revenue & Tax Analyst
3
AGENDA INFORMATION ~,~,. Agendaltem,,~ ,, ,,
AGENDA DATE' August l, 2000 Questlon~'~.cemm~ t.~s
acqms~tmn may be d~rected
DEP~TMENT Materials M~agement to Tom Shaw 349-7100
ACM Kathy D~ose, Fiscal ~d Mumc~pal Se~ces ~
SUBJECT.
An Ordinance anthonzlng the execution of a Change Order to a contract for
Lease/Purchasing Financing of equipment between thc City of Denton and Government
Capital Corporation, promdmg for an increase in the quantity of items, and an increase in
the effective rate and increase in the total financing charges amount, and prowdmg an
effective date (Bid 2489 - Lease/Purchasing Financing awarded to Government Capital
Corporation at the effective rate of 4 99% and approximate financing charges total
$99,819 + Change Order 1 at the effective rate of 5 975% an increase financing charge of
$28,698 32 for a total of $128,517 32
CHANGE ORDER INFORMATION
Change Order I is for the addition of lease purchase funding for a 230 Horsepower
Crawler Dozer (See Bid 2519-Crawler Dozer on this agenda) the effective rate will be
5 975% and additional financing charges will equal $28,698 32 The new total financing
changes including Change Order 1 will be $128,517 32 Total annual payment including
finance changes for all equipment will be $518,495 87
The effective rate of 4 99% was approved by council m April of 2000 The new rate
5 975% is an increase of 098% or approximately 20% of the effective rate The 20%
increases falls wltlun the 25% State of Texas Change Order Statues
PRIgR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS).
On April 18, 2000 the City Council approved a Lease/Purchase Financing (Ordinance
No 2000-142) for the acquisition of the following equipment
6 Refuse Tracks $751 ~371
1 6 Yd Rubber Tire Loader $303,500
40 Self Contained Breathing Apparatus (SCBA) $170,000
at approximate cost
2,000 Automatic Residential Refuse Contmners $ 60,000
at approximate cost
The lease period ~s for 3 years w~th payment due November 1 of each year in the amount
of $461,396 15 including financing cost The eqmpment listed will be property of the
City of Denton at the end of the lease or November 1, 2002
Agenda Information Sheet
August 1, 2000
Page 2
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) (CONTINUED)
Change Order 1 ~s an add-on to the Lease/Purchase F~nancmg The new piece of
eqmpment will add a 230 Horsepower Crawler Dozer to the C~ty of Denton Fleet
Drmnage D~v,mon will use it for excavation of dratnage projects
RECOMMENDATION
We recommend th~s Change Order 1 be approved for funding of Bid 2519 - Crawler
Dozer m the ad&t~onal finance charge mount of $28,632 in addition to the $313,900
purchase price
PRINCIPAL PLACE OF BUSINESS'
Government Capital Corporation
Brookhaven, MS
ESTIMATED SCHEDULE OF PROJECT
Funding will be avmlable w~thm 10 workdays of contract execution The first payment
will be due November 1, 2000 The majority of the equipment will be dehvered late
August 2000 The new piece of eqmpment for change order 1 has a delivery of 90 to 120
days after receipt of order or the fourth week ~n November 2000
FISCAL INFORMATION.
Lease purchase payment will be made from appropriate fiscal budget line ~tems and
Motor Pool Replacement funds
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Quotation from Governmental Capital Corporation
1410 AGENDA
ATTACHMENT 1
GOVERNMENT CAPIT I, CORPORATION
IKISUO R~I~ P 0 B~ it, ~ Ida I
D&te July !7, 2000
To Mr. Tom Shnw
C~ or Denton, Ts
Thc mfurumtiun below is rehtive ~o tho proposed flnancins for ;he aoqulsition of the followtns
D-'/Catmjmtr Do~er
Contraet Amountl ~313,000.00
ba Pa3mteut; None
Teflm ~ ~mm-Annmd Pavmmt AmomR
& yr. S.gTS%
The flrl i~mil-mmud paymI will b~ome due NI 1, 2000, and aontlnue anmmlly
~ote: The nme dooumeatauon used pre~ou.ty wm be proparod for ths Uaflnotton Ail
Iai mibrmatlon needed m on
The escrow account must be ~nded no hter than Septenbe~ !. 2000
August IS, 2000, we reserve the riBht to index rotes to ourreflt msrket
W= ,,ppranitte th~ opportunity m submit this proposal Il'you havo questions, ploase fbol flee to
call mo at ($00) 5~)t-04~t
DCO/bmo
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT FOR LEASE/PURCHASING FINANCING OF EQUIPMENT BETWEEN THE
CITY OF DENTON AND GOVERNMENT CAPITAL CORPORATION, PROVIDING FOR
AN INCREASE IN THE QUANTITY OF ITEMS, AND AN INCREASE IN THE EFFECTIVE
RATE AND INCREASE IN THE TOTAL FINANCING CHARGES AMOUNT, AND
PROVIDING AN EFFECTIVE DATE (BID 2489 - LEASE/PURCHASING FINANCING
AWARDED TO GOVERNMENT CAPITAL CORPORATION AT THE EFFECTIVE RATE
OF 4 99% AND APPROXIMATE FINANCING CHARGES TOTAL $99,819 + CHANGE
ORDER 1 AT THE EFFECTIVE RATE OF 5 975% AN INCREASE FINANCING CHARGE
OF $28,698 32 FOR A TOTAL OF $128,517 32
WHEREAS, on April 18, 2000 (Ordinance 2000-142), the C~ty awarded a Contract for
the Acqutmt~on of Lease/Purchase Financing to Government Capital Corporation in the mount
of $99,819, and
WHEREAS, the C~ty Manager hawng recommended to the Council that a change order
be authorized to amend such contract agreement w~th respects to the md~wdual performing the
service and price and said change order being in comphance w~th the requirements of Chapter
252 of the Local Government Code, Now, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the change order mcreasmg the contract amount of the agreement
between the C~ty and Government Capital Corporation, on file in the office of the Purchasing
Agent, in the amount of Twenty E~ght Thousand S~x Hundred Ninety E~ght and 32/100 Dollars
($28,698 32), is hereby approved and the expenditure of funds therefor ~s hereby authorized The
master contract amount ff amended to read $128,517 32
SECTION II That th~s ordinance shall become effective lmmedmtely upon ~ts passage
and approval
PASSED AND APPROVED this the day of 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
CHANGE ORDER to BID 2489 ORDINANCE-2000
~oendaltom~ ~ I~,~
AGENDA INFORMATION SHEET Date_ ~ \~ ~ R ~
AGENDA DATE August 1, 2000 Questions concerning this
acqmsltlon may be dtrected
DEPARTMENT' Materials M~agement to Ed Hodney 349-8271
ACM' Kathy D~ose, Fiscal and M~lclpal Se~lces ~
SUBJECT.
~ Ordm~ce accepting compet~t~vo b~ds ~d aw~dlng a pubhc works con.act for the p~ch~e
of South L~es P~Joe Skflos P~k Improwments, prowdmg for the expend~re of ~ds
therefore, ~d provxdmg ~ ~ffect~ve date (Bid 2536 - South L~es P~Joe Skfles P~k
Improvemont Project aw~ded to Rehablo Pawng Co m the ~o~t of $602,150)
BID INFO~ATION.
This project is located at South L~es P~k ~d Joe Skfles P~k The project consists of ~adlng
site prep~atlon, restroom bml&ng ~d assocmted utflttles, plcmc pavdlons, concrete trmls,
prefabricated bridges, p~k~ng lot ~d c~bmg, play~ound ~d general p~k equipment
installation Also included ~e alternates 2 for shelter and sto~ sewer extension on the no~ side
of p~k, alternate 3 for Bridge "A" w~th ffml co~ectlons, alternate 4 for ten plcmc stations ~d,
alternate 5 for approximately 40 ad&tlonal p~kmg spaces All of the additions ~e for South
L~es P~k
Alternate 1, a deduct of $31,270 for substitution of e~ght foot wide concrete trml in heu of ten
foot w~de ~ml, ~s not recommended for awed
~COMMENDATION'
We reco~end ~s b~d be aw~ded to ~e low~st bidder, Rehable Paving Co, in ~e ~ount of
$602,150 for the b~e b~d ~d altomates 2,3,4,5
P~NCIPLE PLACE OF BUSINESS:
Reliable Pawng Co
~hngton, TX
ESTIMATED SCHEDULE OF PRO.CT'
T~s p~k ~mprov~ont project ~s to be completed within 120 days of not, ce to proceed or
approximately ~e 3~ week of Decembor 2000
FISCAL INFORMATION.
Funding for th~s park ~mprovement project ~s available from bond fund accounts (462-031-
PARK-9945-9157 and 461-031-PARK-9803-9157)
Agenda Information Sheet
August 1, 2000
Page 2
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Tabulation Sheet
1411 AGENDA
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE PURCHASE OF SOUTH LAKES PARK/JOE SKILES PARK
IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (B1D 2536 - SOUTH LAKES PARK/JOE SKILES PARK
IMPROVEMENT PROJECT AWARDED TO RELIABLE PAVING CO IN THE AMOUNT OF
$602,150)
WHEREAS, the City has solicited, received and tabulated compem~ve b~ds for the pumhase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances, and
WHEREAS, the City Manager or a designated employee has rewewed and recommended
that the herein described b~ds are the lowest responsible bids for the materials, eqmpment, supplies
or services as shown in the "Bid Proposals" submitted therefore, and
WHEREAS, the City Council has provided in the C~ty Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supphes or servmes approved and accepted
here~n, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered items in the following numbered bids for materials,
equipment, supphes, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items
BID ITEM
NUMBER NO .VENDOR AMOUNT
2536 ALL Reliable Pawng Co $602,150
SECTION II That by the acceptance and approval of the above numbered ~tems of the
submitted bids, the C~ty accepts the offer of the persons submitting the b~ds for such ,terns and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specffied sums contmned in the B~d Inwtatlons, Bid
Proposals, and related documents
SECTION III That should the City and persons submitting approved and accepted ~tems and
of the submitted bids w~sh to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative ~s hereby
authorized to execute the written contract which shall be attached hereto, prov,ded that the written
contract ts in accordance with the terms, conditions, specifications, standards, quantities and
specffied sums contained in the Bid Proposal and related documents herein approved and accepted
SECTION IV That by the acceptance and approval of the above numbered items of the
submitted b~ds, the City Council hereby authorizes the expenditure of funds therefor m the mount
and ~n accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein
SECTION V That thru ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED thls day of ., 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
SUPPLY ORDINANCE 2000 - BID 2536
0
AGENDA INFO~ATION SHEET {)ate ~ ~
AGENDA DATE. Augast 1, 2000 Questions conc~ng thxs
acqmmtmn may be d~mcted
DEPARTMENT' Maten~s M~agemcnt to D~a O~z 349-8224
ACM' Kathy D~osc, F~scal ~d Mummpal Se~lCCS~
SUBJECT:
An Ordinance accepting a response to a request for sealed proposal and awarding a contract for
the expend:ture of funds therefore, and to prowde an effect:ve date (RFSP 2483 -
MasterCard/V~sa Merchant Account awarded to Texas Bank for an annual estimated expenditure
of $22,334 16)
REQUEST INFORMATION:
This request for proposals was presented to the C~ty Council ~n a work sesmon on June 27th by
D~ana Ort~z, and recommend by the Investment Committee at the:r April 27th meeting Benefits
of the C~ty of Denton accepting major credit cards for various C:ty serwces include, ~mproved
customer serv:ce, lass "red tape", accelerated payments and avmlabfl~ty of funds, ~ncmased
certainty of collectmn, reduction of expenditure related to returned checks, fewer procesmng
problems, ~mproved aud:t trail Tlus will be an annual contract with the optmn for renew
add~tmnal years w~th all cost terms and conditions remmmng the same
RECOMMENDATION
We recommend ttus contract be awarded to the lowest responsible proposal from Texas Bank ~n
the estimated annual amount of $22,334 16
PRINCIPAL PLACE OF BUSINESS:
Texas Bank
Denton, TX
ESTIMATED SCHEDULE OF PROJECT:
Implementation will begin after contract documents are executed w~th~n 15 days of award
FISCAL INFORMATION'
The costs assocmted w~th accepting credit card payments are adm~mstraUve m nature The C~ty
of Denton now accepts D~scover Cards therefore, them would not be s~gmficant additional cost
Each department accepting credit cards will be msponmble for the administration fees
Agenda Information Sheet
August 1, 2000
Page 2
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 L~st of Respondents
Attachment 2 Department Analys~s of Proposals
1412AGENDA
ATTACHMENT 1
RFSP 2483
MASTERCARDNISA MERCHANT ACCOUNT
List of Respondents
First State Bank
Texas Bank
Bank One
ORDINANCE NO
AN ORDINANCE ACCEPTING A RESPONSE TO A REQUEST FOR SEALED PROPOSAL
AND AWARDING A CONTRACT FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
TO PROVIDE AN EFFECTIVE DATE (RFSP 2483 - MASTERCARD/VISA MERCHANT
ACCOUNT AWARDED TO TEXAS BANK FOR AN ANNUAL ESTIMATED EXPENDITURE
OF $22,334 16)
WHEREAS, the City has sohc~ted, received and evaluated competitive sealed proposals for
the purchase of MasterCard/Visa Merchant Account in accordance w, th the procedures of STATE
law and C~ty ordinances, and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the lowest respondent proposals for the
materials, eqmpment, supplies or services as shown m the "Request for Proposals" submitted
therefore, and
WHEREAS, the City Council has provided ~n the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supphes or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the items m the following numbered request for proposal for materials,
equipment, supplies or services, shown m the "RFSP Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the lowest responsible proposal for
such items
RFSP
NLrMB ER CONTRACTOR ESTIMATED AMOUNT
2483 Texas Bank $22,334 16
SECTION II That 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 matenals, equipment, supplies or services in accordance with the terms,
specifications, standards quantities and for the specified sums contained an the Proposal Invitations,
Proposals, and related documents
SECTION III That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal wntten 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 m accordance with the terms, conditions, specifications, standards, quantities and specified sums
contained in the Proposal and related documents herein approved and accepted
SECTION IV That by acceptance and approval of the above numbered items of the
submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance w~th the approved proposals or pursuant to a written contract made
pursuant thereto as authorized herein
SECTION V That tlus ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
CONTRACTUAL - RFSP 2483
A,0.dalt0 ......
AGENDA INFORMATION SHEET [Jato ~! I ! 0 0
AGENDA DATE: August 1, 2000 Questions concerning tlus
acqms~tlon may be directed
DEPARTMENT: Materials Management to Cary Tower 349-8424
ACM Kathy DuBose, Fiscal and Mumclpal Servzces~
SUBJECT'
An Or&nance acceptm§ competitive b:ds and awar&ng a contract for the purchase oF a Crawler
Dozer, prow&ng for the expen&ture of funds therefore, and providing an effective date (B~d
2519 - Crawler Dozer awarded to Dart Eqmpment ~n the amount of $313,900)
BID INFORMATION:
This bid for the purchase oF a 230 Horsepower Crawler Dozer w~th a diesel engine Basic
operating weight ~s approximately ~3,700 lbs, blade w~dth :s 12 goot and 1 inch, and track shoes
are 2~ inches wide The City will also purchase a 3-yrs/~,000 hfs extended power trmn warranty
and a 3-year preventive maintenance servm¢ agreement This dozer is betas added to the C~ty oF
Denton fl~et and will be assigned to the Drmnage Dlwsmn for the ~ntcnded purpose oF moving
large quantities of &rt and for excavatmn associated w~th drainage projects
PRIOR ACTIONNIEW (COUNCIL~ BOARDS, COMMISIONS)
We intend to take advantage oF the 36 month buy back agreement The net cost to own the
machine for 36 month ~s $177,459 5~ The rental for the same time period would exceed
$22~,000
RECOMMENDATION'
We recommend award to the lowest responsible bidder, Dart Eqmpment m the amount of
$313,900
PRINCIPAL PLACE OF BUSINESS:
Darr Eqmpment
Dallas,TX
ESTIMATED SCHEDULE OF PROJECT'
The Crawler Dozer umt will be sh~pped to 90 to 120 days after receipt of order or the fourth
week m November 2000
Agenda Information Sheet
August 1, 2000
Page 2
FISCAL INFORMATION.
Funding for this umt will come from the Change Order 1 to the 36 month Lease/Purchase
Agreement, Bid 2489 presented to Council for approval on Consent Agenda of August 1, 2000
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Tabulatxon Sheet
1413 Agenda
ATTACHMENT 1
TABULATION SHEETS
BID 2519 Date 6/22/00
CRAWLER DOZER
DESCRIPTION ....... VI~IDOR,, VENDOR VENDOR VENDOR
Continental
Dart
No
Bid
RDO
Equipment Equipment Respondents
Pnnc~ple Place of Bus~ness Dallas, TX Dallas, TX Irving, TX
Progressive
Outnght Purchase $292,000 00 $298,700 00 NB Tractor
1
Cresent
Monthly Payment $8,838 00 $9,243 49 NB
Machinery
2
3 Yr Warranty $4,850 00 $2,440 00 Howard McNeer
3
3 Yr Presentat~ve $21,600 00 $12,076 06 Future Equip,
Maintenance
4
Buyback $87,600 00 $145,000 00
5
Net 36-Month Cost $239,688 00 $177,459 55
1,2,3,4,
6
Delivery 120 days 90-120 days
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF A CRAWLER DOZER, PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2519 - CRAWLER
DOZER AWARDED TO DARR EQUIPMENT 1N THE AMOUNT OF $313,900)
WHEREAS, the C~ty has sohc~ted, received and tabulated competitive b~ds for the purchase
of necessary materials, eqmpment, supphes or services in accordance w~th the procedures of STATE
law and C~ty ordinances, and
WHEREAS, the C~ty Manager or a designated employee has rewewed and recommended
that the here~n described b~ds are the lowest responsible b~ds for the materials, eqarpment, supphes
or servmes as shown m the "B~d Proposals" submitted therefore, and
WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropriation of funds
to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted
here~n, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered items m the following numbered b~ds for materials,
eqmpment, supplies, or servmes, shown ~n the "Bid Proposals" on file ~n the office of the Purchasing
Agent, are hereby accepted and approved as being the lowest responsible b~ds for such ~tems
BD ITEM
NUMBER NO VENDOR AMOUNT
2519 ALL Dan' Eqmpment $ 313,900
SECTION II That by the acceptance and approval of the above numbered ~tems of the
submitted b~ds, the C~ty accepts the offer of the persons submitting the bids for such ~tems and
agrees to purchase the materials, eqmpment, supphes or services ~n accordance w~th the terms,
spemficatlons, standards, quantities and for the spemfied sums conttuned in the Btd Invttattons, Btd
Proposals, and related documents
SECTION III That should the C~ty and persons submitting approved and accepted ~tems and
of the submitted b~ds w~sh to enter into a formal written agreement as a result of the acceptance,
approval, and awarrhng of the b~ds, the City Manager or hm designated representative ~s hereby
authorized to execute the written contract which shall be attached hereto, provided that the written
contract ts m accordance w~th the terms, conditions, specifications, standards, quantities and
specffied sums contmned an the Bid Proposal and related documents herein approved and accepted
SECTION IV That by the acceptance and approval of the above numbered items of the
submitted b~ds, the C~ty Connell hereby authorizes the expenditure of funds therefor m the mount
and in accordance with the approved btds or pursuant to a written contract made pursuant thereto as
anthonzed hereto
SECTION V That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED th~s __ day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
2519 SUPPLY ORDINANCE
~oend~ No ~
Date_ ~/I t ,, ~ ~
AGENDA INFORMATION SHEET
AGENDA DATE' August 1, 2000 Questions concerning th~s
' acqmmt~on may be d~rected
DEPARTMENT' Maten~s M~agement to Sh~on Mays 349-8487
DuBose, F~scal ~d M~m~pal Se~mes~
ACM
Kathy
SUBJECT:
An Ordinance accepting compctmve b~ds and awarding a contract for the purchase of a 2500
KVA Padrnounted Transformer, and prowd~ng for thc expenditure of funds therefore, and
approving an effective date (B~d 2533 - 2500 KVA Padmounted Transformer awarded to Fred
Obcrlandcr and Assocmtes Inc ~n thc amount of $20,008)
BID INFORMATION
Th~s b~d ~s for the purchase of 2500 KVA Padmounted Transformer m the amount of $20,008
Th~s transformer ~s for Electric D~stnbut~on inventory stock The lowest b~ddcr ~s determined by
the evaluation of load losses when apphed to a specffic formula The cvaluatmn ~ndmates thc
lowest cost to the c~ty over the 20-year hf¢ of the transformer
RECOMMENDATION'
We recommend award to thc lowest responsible based on the load/loss evaluatmn, b~dder, Fred
Obcrlander and Assomates Inc at the price of $20,008
PRINCIPAL PLACE OF BUSINESS
Fred Oberlander and Assocmtes, Inc
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT'
The transformer wtll be sh~pped 77 - 91 days after receipt of the purchase order
FISCAL INFORMATION'
Funds for the purchase of th~s transformer will be encumbered from Elecmc Dxstnbut~on Capital
Mmntenance account (610-103 - 1031-3680-9222-C056501 R)
Agenda Information Sheet
August 1, 2000
Page 2
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Tabulation Sheet
Attachment 2 Memorandum from Electric Engineers
Attachment 3 Transformer Evaluation
1415 AGENDA
ATTACHMENT 2
Electric Dmtnbutlon m purchasing one 2500 kVA 480 Y / 277-volt pad mounted
transformer The transformer is being purchased to malntmn stock and possible future
customers
The low bidder Is Fred Oberlander and Associates Inc with a bid of $20,008, no load
losses of 2,073 watts and winding losses of 14,566 watts Fred Oberlander and
Associates Inc were the low bidders based on a bid evaluation that included capital cost,
and energy efficiency (Exhibit I)
Donald L McLaughhn P E
Attachments
I Extnblt I, Loss / Cost Evaluation
ATTACHMENT 3
Bid Number 2533
DescriptionI 99900027 TRANXS 3PH UG 2500KE4 480Y/277
Quanttty 1 Load Factor o 86
Vo~,dnr /Mfg. NL WL Cost Dehvery Evaluated Cost
Oberlander / Pauwel$ 2073 14566 $2000800 91 $131,01756
Pnester / Coopeer 2851 15001 $18 550 00 84 $133 949 10
Techline / Howard 2692 15597 $1899800 70 $136,02558
Temple / GE 2175 13289 $2450000 56 $14300720
PEPCO / PEPCO 3187 18631 $1860000 77 $14841081
SESCO / SESCO $000 19500 $2489800 75 $170,89136
Dealers / SquareD 4075 23570 $2246500 70 $18451099
Sunbelt / Sunbelt 4000 22300 $2525000 30 $18927837
Wednesday, July 12, 2000 Page I of I
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDINGA CONTRACTFOR
THE PURCHASE OF A 2500 KVA PADMOUNTED TRANSFORMER,AND PROVIDINGFOR
THE EXPENDITURE OF FUNDS THEREFORE, AND APPROVING AN EFFECTIVE DATE
(BID 2533 - 2500 KVA PADMOUNTED TRANSFORMER AWARDED TO FRED
OBERLANDER AND ASSOCIATES INC IN THE AMOUNT OF $20,008)
WHEREAS, the C~ty has sohc~ted, received and tabulated compettt~ve b~ds for the purchase
of necessary materials, eqmpment, supphes or services ~n accordancew~th the proceduresofSTATE
law and C~ty ordinances, and
WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended
that the here~n described btds are the lowest responsible b~ds for the materials, eqmpment, supphes
or services as shown ~n the "B~d Proposals" submitted therefore, and
WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropnattonof funds
to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted
here~n, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered ~tems ~n the following numbered b~ds for materials,
eqmpment, supphes, or servmes, shown m the "B~d Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible b~ds for such items
BID ITEM
NUMBER NO VENDOR .AMOUNT
2533 ALL Fred Oberlander and Associates Inc $20,008
SECTION II That by the acceptance and approval of the above numbered ~tems of the
submitted b~ds, the C~ty accepts the offer of the persons submitting the b~ds for such ~tems and
agrees to purchase the materials, eqmpment, supphes or servmes ~n accordance w~th the terms,
specifications, standards, quantities and for the specffied sums contained ~n the B~d Invitations, Bid
Proposals, and related docmnents
SECTION III That should the C~ty and persons submitting approved and accepted items and
of the submitted b~ds w~sh to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the b~ds, the C~ty Manager or h~s designated representative is hereby
authorized to execute the written contract which shall be attached hereto, prowded that the written
contract ~s ~n accordance w~th the terms, cond~ttons, specifications, standards, quantities and
specified sums contmned ~n the B~d Proposal and related documents here~n approved and accepted
SECTION IV That by the acceptance and approval of the above numbered ~tems of the
subm~ttedlb~ds, the C~ty Council hereby authorizes the expenditure of funds therefor m the amount
and ~n accbrdance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as
authorized hereto
SECTION V That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED th~s day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
2533 SUPPLY ORDINANCE
Agenda No 00~_0.~ --
AGenda Ite.rq~ ~ I
AGENDA INFORMATION SHEET DaiCl_ ~)~\/o ~ '
AGENDA DATE. August 1,2000
DEPARTMENT' Engineering & Transport~o.n
CM/DCM/ACM. Dave Hill, 349-8314 ~'~fi/4X
SUBJECT
Consider adoption of an ordinance approwng a real estate contract between the City of Denton
and Carolyn S McKanzle, relating to the purchase of approximately 0 267 acre of land and an
approximate 0 332 acre drainage easement, both being located m the Thomas Toby Survey,
Abstract no 1288 of Denton County, Texas for the U S H~ghway 77 Project, w~th title vesting ~n
the State of Texas, authorizing the expenditure of funds therefor, and providing an effective
BACKGROUND;
The C~ty Council at their June 6, 2000 meeting approved Ordinance No 2000-198 authorizing a
final offer to be made to the property owner, Ms Carolyn S McKmzm Ms McKtnz~e elected to
accept the final offer for parcels 33A & 33AE U S H~ghway 77 Project prior to the City
Attorney fihng condemnation action to acquire the needed right of way and drainage easement
Ms McKanzm has executed a real estate contract for the required right-of-way for the U S
Highway 77 W~demng Project The contract amount of $39,680 00 represents the far market
value as determined by an ~ndependent appraiser and reviewed by a separate appraser for
conformity and as reqmred by the Texas Department of Transportation (TxDOT) The Appraiser
and Review Apprmser Professtonal Services Contracts were approved by the Ctty Council ~n
1997
RECOMMENDATION
Staff recommends approval of the real estate contract between the C~ty of Denton and Carolyn S
McKanz~e for the purchase of 0 267 acres of land for right of way and 0 332 acres of land for a
drainage easement for U S Hwy 77 Widening Project
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Planmng & Zoning Commission recommended approval on July 23, 1997
FISCAL INFORMATION
The purchase price IS $39,680 00 ($1 06 per square foot for the right of way, $0 95 per square
foot for the drainage easement and $0 24 per square foot to the remmnder for damages), plus
closing costs of approximately $750 00
MAP
Attached
Respectfully submttted
Prepared by . Engnneenng & Transportataon
Paul Wfihamson
Paght-of-Way Agent
LOCATION MAP
3
/ /
/ i
/ /
~ /
~ AC~ ~oss
- 0 332 ACRE TxDOT DRAINAGE EASEMENT
= 0 960 ACRE REMAINDER
Cl~ OF DENTON
ENGINEERING & T~SPORTATIOH DEP~TMENT
RIG~F-WAY DIVISION a.R. ~RT~
1" ~ 100'
Planning and Zomng Minetes
luly 123, 1997
Page 2
Ms. $¢henz: Are there any other Ilomtn,tioas? ~f the~ are ~one, nom;n,tions are closed
We will vote on the nomfnses in the order of their nomln.tion I will list their name and
then after I am through ff you will raise your right hand ff you are in favor. As many as
are in favor of lira ~elbrecht please raise your right hand. (Vote - 3) As re*ny as are
in favor of Ellen $cheriz please raise your right hand. (Vote - 4) The new Chair person
by majority is Ellen $chertz. Thank you
For the second nominee we will be electing Vice-Chair person The floor is open
Ms Apple' I would like to nomln.te Bob Powell
Ms. $cheriz. Are there any farther nomm.tions?
Mr Moreno. I would nomln~te Shn Engelbrecht.
Ms. $cbertz. Are there any farther nemiqations? Seeing none, nomln~fions are closed"
Az many as are m favor of Bob PoweH, please raise your nght hand. (Vote - 4) Seeing
there is a majority, the new Vice-Cluur person will be Bob Powell. Congratulations
llI Conslder approval of the minutes of the ~'uly 9, 1997 meeting
Ms. $¢bertz: Are there any corrections? Seeing none, the m,~utes will stand approved
as written.
:IV. Consider mahng recononendation to the City Council for the acquisition of the Right-of-
Way for U.S. 377 from F.M. 2164 to 1-35.
Mr. Powelh That's not 377 but ,.~ 77.
Ms $cherlz: You are correct. Let the minutes reflect that.
Mr. Powell. I would move that we reactor-end to the City Council th~ acquisition of
Right-of-Way for US 77 from PM 2164 to 1-35.
Ms. O,,,?er: Second.
Ms. $¢bezlz: Is there any discussion? All in favor, please ra~e your right hand. Motion
pa.ea. (7-0)
V Comider making recommendation to the City Council for the acquLsition of the Right-of-
Way far Lakeview Boulevard.
Mr. Powelh I move that we m.~, recom,,,endation to the City Council for the acquisition
of the Right-of-Wa7 for LakeVie~ Boulevard.
.Mr. F.~elbreeht: Second.
ORDINANCE NO
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND CAROLYN S MCKINZIE RELATING TO THE PURCHASE OF
APPROXIMATELY 0267 ACRE OF LAND AND AN APPROXIMATE 0332 ACRE
DRAINAGE EASEMENT, BOTH BEING LOCATED 1N THE THOMAS TOLBY SURVEY,
ABSTRACT NO 1288 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77
PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract
between the C~ty of Denton and Carolyn S McKmz~e ~n substantially the form of the Real Estate
Contract whtch ts attached to and made a part of thru or&nance for all purposes, for the purchase
of approximately 0 267 acre of land and an approxamate 0 332 drainage easement for the U S
H~ghway 77 Project, with title veshng m the State of Texas
SECTION 2 The C~ty Manager is authorized to make the expenditures as set forth m the
attached Real Estate Contract
SECTION 3 This orchnance shall become effective ~mme&ately upon 1ts passage and
approval
PASSED AND APPROVED this the day of ., 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
6
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE iS made by and between CAROLYN S. MC
KINZIE (hereinafter referred to as "Seller") and CITY OF DENTON,
TEXAS, · home rule municipality, of Denton, Denton County, Texas,
(hereinafter referred to as "Purchaser"), upon the terms and
conditions set forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser
hereby purchases and agrees to pay for all that certain tract,
lot or parcel of land described in Exhibit ""A" attached with all
rights and appurtenances pertaining to the said property,
including any right, title and interest of Seller in and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property"), together with any improvements, fixtures, and
personal property situated on and attached to the Property, for
the consideration and upon and subject to the terms, provisions,
and conditions hereinafter set forth. Purchaser shall pay all
cost for the removal, installation, construction, reinstall,riCh,
reconstruction, labor and materials for any and/or improvements
located within the property described in Exhibit "A". Any
improvements not removed by August 31, 2000 shall become property
of the City of Denton, Texas.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $39,680.00 net, excluding taxes,
liens, Judgements, penalties and/or interest.
2. Pa~ent of Purchase Price. The full amount of the
Purchase Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the
transactions contemplated hereby are subject to the satisfaction
of each of the following conditions any of which may be waived in
whole or in part by Purchaser at or prior to the closing.
1. Preliminary Title Renort. Within twenty (20) days after
the date hereof, Purchaser, at Purchaser's sole cost and expense,
shall have caused the Title Company (hereinafter defined) to
issue a owners policy commitment (the "Commitment") accompanied
by copies of all recorded documents relating to easements,
rights-of-way, etc., affecting the Property. Purchaser shall
give Seller written notice on or before the expiration of ten
(10) days after Purchaser receives the Commitment that the
condition of title as set forth in the Co~itment is or is not
satisfactory. In the event Purchaser states the condition of
title is not satisfactory, Purchaser shall, at Purchaser's
option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser.
In the event Purchaser is unable to do so within ten (10) days
after receipt of written notice, this Agreement shall thereupon
be null and void ~or all purposes~ otherwise, this condition
shall be deemed to be acceptable and any objection thereto shall
be deemed to have been waived for all purposes.
2. ~urvev. Purchaser may, at Purchaser's sole cost and
expense, obtain a current survey of the Property, prepared by a
duly licensed Texas land surveyor acceptable to Purchaser. The
survey.shall be staked on the ground, and shall show the location
of all improvements, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, and rights-of-
way on or adjacent to the Property, if any, and shall contain the
surveyor.s certification that there are no encroachments on the
Property and shall set forth the ~,~m~er o£ total acres comprising
the P=operty, together with a metes and bounds description
thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day
period, give Seller written notice of this fact. Purchaser shall,
et Purchaser's option, promptly undertake to eliminate or modify
the unacceptable portions of the survey to the reasonable
satisfaction of Purchaser. In the event Purchaser is unable to
do so within ten (10) days after receipt of written notice,
Purchaser may terminate this Agreement, end the Agreement shall
thereupon be null and void for all purposes and the Escrow
Deposit shall be returned by the Title Company to Purchaser.
AEE008FE PAGE 2
8
Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the survey.
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warranties shall be deemed
made by Seller to Purchaser also as of the closing dates
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
parties.
2. Except for the prior actions of Purchaser, there is no
pendin~ or threatened condemnation or similar proceeding or
assessment or suit, affecting title to the Property, or any part
thereof, nor to the best knowledge and belief of Seller is any
such proceeding or assessment contemplated by any governmental
authority.
3. To the best of the seller's knowledge, Seller has complied
with all applicable laws, ordinances, regulations, statutes,
rules and restrictions relating to the Property, or any part
thereof.
4. To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or within the Property~ Such
toxic or hazardous wastes or materials include, but are not
limited to, hazardous materials or wastes as same are defined by
the Resource Conservation and Recovery Act (RCRA), as amended,
and the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA), as axaended.
CLOSING
The closing shall be held at the office of Dentex Title
Company on or before August 31, 2000, or at such title company,
time, date, and place as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closing date").
AEE008FE PAGE 3
CLOSING REQUIREMENTS
1 ~ller's Re~uirements. At the closing Seller shall:
A. Deliver to State of Texas, acting by and through the
Texas Transportation Commission a duly executed and
acknowledged Deed and Drainage Easement Documents in the
form as attached hereto as Exhibit ~B" conveying good and
marketable title to all of the Property, free and clear
of any and all liens, enc,,~rances, conditions,
easements, assessments, and restrictions, except for the
following:
1. ~eneral real estate taxes for the
year of closing and subsequent
years not yet due and payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Oblioations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Purchaser to obtain a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, issued by Dentsx
Title Company, Denton, Texas, (the "Title Company"), or
such title company as Seller and Purchaser may mutually
agree upon, in Purchaser's favor in the full amount of
the purchase price, insuring fee simple title for the
State of Texas to the Property subject only to those
title exceptions listed in Closina Reouirements hereof,
such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained
in the usual form of Texas Owner's Policy of Title
Insurance, provided, however:
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so re~uired, the costs associated
with same shall be borne by Purchaser;
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record";
AEE008FE PAGE 4
10
3. The exception for taxes shall be
limited to the year of closing and shall
be endorsed "Not Yet Due and Payable"~
and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record".
C. Deliver to Purchaser possession of the Property on
the day of closing.
2. Purchaser's Reauirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in ]--,ediately available funds.
3. ~. Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing. All
other costs and expenses of closing in consummating the sale end
purchase of the Property not specifically allocated herein shall
be paid by Purchaser.
REAL ESTATE COMMISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained in separate written agreements
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform
any of its obligations hereunder or shall fail to consummate the
sale of the Property except Purchaser's default, Purchaser may
either enforce specific performance of this Agreement or
terminate this Agreement by written notice delivered to seller.
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
A.EE008FE PAGE 5
11
MISCELLANEOUS
1. Assianment of A~reement. This Agreement may be assigned
by Purohaser without the express written consent of Seller
2. Survival of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as any
rights end benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated
hereby shall survive the closing and shall not be merged therein.
3. Notice. Any notice rec~ired or permitted to be delivered
hereunder shall be deemed received when sent by United States
mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may he, at the
address set forth beneath the signature of the party.
4. Texas Law to APPLY. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable
in Denton County, Texas.
5. ~F~~. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Leaal Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be constz~ed as
if the invalid, illegal, or unenforceable provision had never
been contained herein.
7. prior Aareements Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the
parties respecting the within subject matter.
8. Ti of E e. Time is of the essence in this
Agreement.
AEE008FE PAGE 6
9. ~ender. Words of any gender used in this Agreement shall
be held end oonstrued to include any other gender, and words in
the singular number shell be held to include the plural, and vice
versa, unless the context requires otherwise.
10. Memorandum of Contract. U~on request of either party,
both parties shall promptly execute a memorandum of this
Agreement suitable for filing of record.
11. Com~uliance. In accordance with the requirements of the
Texas ~eal Estate License Act, Purchaser is hereby advised that
it should be £urnished with or obtain a policy of title insurance
or Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own selection.
12. Time Limit. In the event a fully executed copy of this
Agreement has not been returned to Purchaser within ten (10) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
DATED this .~ day of ~ , 2000__.
SELLER PURCHASER
TEE CITY OF DENTON, TEXAS
BY: Michael W. Jez
City Maneger
215 E. McKinney
Denton, Texas 76201
/tEE0 0 8FE PAGE 7
13
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this __ ~a7 of
· 2000__ by Miohael W. Jez, City Manager, of the City
of Denton, a municipal corporation, known to me to be the person
and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said City
of Denton, Texas· a municipal corporation, that he was duly
authorized to perform the same by appropriate ordinance of the
City Council of the City o~ Denton and that he executed the same
as the act of the said City for purposes and consideration
therein expressed, and in the capacity therein stated.
Notary Public in and for
the State of Texas
COUNTY OF ~
This instrument is acknowledged before me, on this ~ day of
~U~I' , 2000__ by Carolyn S. Mc Kinzie.
No~ Public in 'and for
the State of
MYCOMM.
AEE008FE PAGE 8
EXHIBIT "A"
County Oenton Page 1 of 2
Parcel 33A D-15-
H ghway .U. S 77
ProJect L Jmes From I H 35 October, 1996
To U S 380
CSJ 0195-02-
Account
LEGAL LAND DESCRIPTION FOR PARCEL 38A
BEING A 0 267 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOLBY SURVEY, ABSTRACT NO 1288, IN
DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED I 559 ACRE TRACT OF LAND CONVEYED TO JESSIE
M ANNE. AR BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 910, OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS (DRDCT) SAID 0 267 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
COMMENCING for reference at the southeast oomer ortho Jessie M Annear called 1 569 acre tract, from which a 1/2-~nch
iron rod found bears 8 00° 19' 27" W, a distance of 1 13 feet,
THENCE N 01° 08' 34' E, along the east hne of said Annear tract, a distance of 247 30 feet to a set 5/8-inch ~ron rod wrLh
an aluminum d~sk marked Texas Department of Transportation (TXDO'r) for the POINT OF BEGINNING, sa~d pmnt being
on the new southwesterly right-of-way line of U S Highway 77;
(1) THENCE N 68° 11' 37" W, along the new southwesterly rlght-of-w"y line of U S Highway 77, a distance
of 216 68 feet to · set 6/8-inoh iron rod wrth an aluminum disk marked TXDOT, in the common hns
between said Jessie M Annear tract and that certain Tract 1 conveyed to David A Coggln, Trustee by
Instrument of record in Volume 2614, page 845 DRDCT,
(2) THENCE N 01° 05' 41' E, along ea~d common hne, a distance of 62 31 feet to a 1/2-Inch ~ron rod found
for the northwest oomer of said Jessie M Annear tract, the same being ~n the existing southwesterly nght-
of-way line of U S H~ghway 77,
(3) THENCE 8 58° 16' 32' E, along the northerly line of said Jessie M Annear tract and tho existing
southwesterly right-of-way line of said U S H~ghway 77, a distance of 216 39 feet to a 1/2-inch iron rod
found at the northeasterly comer of said Jessie M Annear tract, the same being the northwest comer of
a called I $$9 acre tract conveyed to Tax Morgan Martin as ewdenced by deed recorded in Volume 3178,
page 898 DRDCT; -
15
EXHIBIT 'A"
Page 2 of 2
County Denton D-15-
Parcet 33A
H~ghway U S ~
Project [Jm~ts From ~ H 35, October, 1996
To U 8 380
CSJ, 0195-02-
Account
(4) THENCE $ 01° 03' 34' W, along sald common hne, a d~stance of 6262 feet to the POINT OF
BEGINNING, and containing 0 267 acre, 11,629 square feet, more or less of land are~ w~thm these metes
and bounds
A plat of even survey date herewith accompamea th~s descnption
SURVEYED ON THE GROUND
OCTOBER, 1996
ESPEY HUSTON & ASSOCIATES, INC
G Dentils Quall~, R p'r~ Date
Texas Registration No 4276
16
County .DentonEXHIBIT "A"
Page 1 of 2
Parcel 33AE D-15-
H~ghway U S 77
Prelect/Jm~ts From I H 35 December 19.e8
To U S 380
CSJ 0195-02-
Accoun~
LEGAL LAND DESCRIPTION FOR PARCEL 33AE
BEING A 0 332 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOLBY SURVEY, ABSTRACT NO 1288 tN
DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED I 559 ACRE TRACT OF LAND CONVEYED TO ~.SS E
M ANNEAR BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 910, OF THE DEED RECORDS OF DE,,~TCN
COUNTY, TEXAS (DRDCT) SAID 0 332 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
COMMENCING for refere,,~.e at the southeast comer of the Jessie M Annear called 1 559 acre tract, from which a 1/2-~ncn
iron rod found beam $ 00' 19' 27" W, a distance of 1 13 feet;
THENCE N 01° 03' 34" E, along the east line of said Anneer tract a distance of 216 46 feet to a set 5'a-tach ~ron rod w~th an
alumfnum d~sk marked Texas Department of Transportal~on (TXDO~ for the POINT OF BEGINNING,
(1) THENCE S 31° 41' 32" W, creasing a port]on of safd Jass~e M Annear tract, a distance of 251 77 feet to a
set 60d nail ~n a Bo~s d 'arc tree, in the common line between said Jassm M Annear tract and that certain Lm
1, Block 1, Lake Cities Addition, an add,on to the City of Denton per plat recorded m Cabinet N, Page 320 of
the Plat Records of Denton County, Texas,
(2) THENCE N 88° 52' 38" W, along sa~d common line, a d~stance of 58 07 feet to the southwest comer of sa~d
Jaas~e M ,4nneer t]~ct the same being m the northwest comer of said Lot 1, Block 1, Lake Cfbee Addison a
found Y~nch Iron rod,
(3) THENCE N 31" 41' 32" E, c~'oss~ng a posen of sa~d Jees~e M Annear tract a distance of 307 91 feet to a set
S/8-1nc~ ~ron rod w~ an aluminum d~sk marked Texas Department of Transportat]on for the new south nght-
of-way line ofsafd U B Highway 77,
(4) THENCE S 58° 11' 37' E, along the new south right-of-way I~ne of smd H~ghway 77, a d~stance of 34 29 fee~
to a sat 5/8-inch ~ron rod vath an aluminum d~sk marked Texas Departrnant of Transportation m the easterly
line of said Jass~e M Anneer tract
(5) THENCE S 01 ° 03' 34' W, along the easterly Fine of sa~d Jees~e M Annear tract, a d~stance of 30 84 feet to
the POINT OF BEGINNING, and containing 0 332 acre, 14,446 square feet, mom or lass of land area w~thm
these metes and bounds -
A prat of even survey date herevath accompamee th~s description
SURVEYED ON THE GROUND
DECEMBER, 1998 ........
B Glenn Cro~c~, R P L.S ' /[~"',.'~Y.'.';'..'../~'~.'~'x\ Date '
Texas Reg~s~at]on No 5255
Texas Depamnent of Transponation EXHIBIT "B"
Ponn D-15-14
Pas{* 1 of 3 P~v 9/91
DEED
~ STA~ OF ~
CO~ OF } ~OW ALL MEN BY T~SE PRESENTS.
oftbe County of. , State of Texas, beremafter referred to as Grantors, whether
one or more, for and m conaiderauon of the sm of
Dollars ($ ) to Grantors
tn hand paid by the State of Texas, acting by and through the Texas Transportauon Conmussxon, receipt of
which is hereby acknowledged, and for which no hen Is retained, either expressed or unphed, have tim
day Sold and by thes.e presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain
.tract ,o,r.p,, .~__.1_ o.f !an{l m . County, Texas, more pamenlarly described m
rumt A, wmcn ,.~ a~acbed he.to and m¢oqx~rated berem for any and all purposes
SAVE and EXCEPT, HOWEVER, it :s expressly understood and agreed that Grantors a~ retaining
title to the following improvements located on the property descnbed m said Exiublt "A," to wit
Grantors covenant and agree to remove the above-described unprovemcnts from said land by the
day of , ,19 , subject, however, to such extensions of tune as may be granted
by the State in writing, and if, for any reason, Grantors fail or refuse to remove same within said penod of
time presc, nbed, then, without any further considenmon, the title to all or any part of such improvements
not so removed shall pass to and vest in the State of Texas forever
Grantors re,serve all of the oil, gas and sulphur m and under the land berem conveyed but waive all nghts
of mg .tess and egres, s to the .surface the,~of for the purpose of exploring, developing, rnmmg or drdlmg for
same, however, notrung m cms reservation shall affect the tMe and rights of the State to take and use all
other minerals and materials thereon, tberem and thereunder
18
Texas Department of
Form D-13-14
PeSo2Of3 Rev 9~1
TO ~
~v~r,
s~ to W~t md Fo~er D~d ~ ~d ~ ~e s~ ~es h~m conve~d ~to ~e Stye of
Tex~ ~d
~of
~ ~ESS WHEREOF, ~ ~t ~ ~ted on ~ ~e day of
,19
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF }
BEFORE ~ the undersigned, a Notai3, Public, on this day p~rsona!ly appeared
, known to me (or proved
to me on the oath of , a c~dible vnmess,) to bo the person(s) whose
name(s) is (am) subscribed to the fomgomi insmunen/and acknowledged to mo that he/she/they executed th~ same for the
OIVP.~ UNDER MY HAND AND SHAL ON OFFICE, tins day of ,19 ..
No~7 Pubhc, 3~am of Texas
biy Comm!,mon ~ m fl~ dayof ,19
CORPORA~ ACKNOWLEDGMENT
THE STATE OF TE~S,
co~ OF )
B~O~ ~ ~ un~, a N~ ~bUc, ~ ~ ~y ~o~y ~pe~d
of , ~own to
wu ~e a~iof ~ smd , a co~o~oa, ~ h~sbe wu
O~ ~ MY ~ ~ S~ ON 0~ ~ ~y of ,19
NoU~y Pubhc, Sma of T~x~
My Comm!_~oll ~ on the day of ,19~
19
Texas Depmment ~ Trmsportmon
Form D-15-14
PaS*3of3 Roy 9/91
After recording please return this instrument to:
CERTIFICATE OF RECORDING
THE STATE OF TEXA }
COU'~rrY OF
2O
Texas Department of Trnnsponation EXHIBIT "B"
Form D-I~-31
Paslo I of 3 Rev 9/91
Drainage Easement for Highway Purposes
THE STATE OF TEXAS }
}
COUNTY OF } KNOW ALL MEN BY THESE PRESENTS
That,
of the County of , State of Texas, beremafter referred to as Grantors, whether one
or more, for and m consideration of the sum of
Dollars ($ ) to Grantors m hand
~aid by the State of Texas, acting by and through the Texas Transportatxon Comm,.~slon, receipt of which
hereby acknowledged, and for wluch no l,en ,s retained, exther expressed or unphed, do by these
presents Orant, Bargain, Sell and Convey unto the State of Texas an easement m, along, upon and across
the property which is situated m the County of , State of Texas, which is more
particularly described m Exhibit "A," which is attached hereto and incorporated hereto for any and all
purposes,
This easement conveyed berem is for the purpose of opening, constructing and maintaining a permanent
channel or drainage easement m, along, upon and across said premises described m F~xhlblt "A" together
with the right and pnvdege at all tunes of the Grante~: hereto, its agents, employees and representatives of
regress and egress to and from said premises for the purpose of m.lc,ng any unprovemen~s, modifications
or repatrs which the State deems necessary
And for the same consideration described above and upon the same conditions, the Grantors have this day
granted and conveyed and by these presents do grant and convoy unto the State of Texas any and all un-
provements presently existing upon the prope~xy described m said Exhibit "A,' SAVE and EXCEPT,
HOWEVI!~R, it is expressly understood and agreed that Grantors are retaining tide to the following
unprovements located on the aforesaid property, to wit
Grantors covenant and agree to remove the above-descr:bed unprovements from said land by the
day of ,19 , subject, however, to such extensions of tune as may be granted
by the State m writing, and zf, for any mason, Grantors fad or refuse to remove same within said period of
tune prescribed, then, without any further considerauon, the title to all or any pan of such unprovements
not so removed shall pass to and vest m the State of Texas forever
As a part oftbe grant hereby made it is agreed between the parties hereto that any stone, earth, gravel or
cahcbe which may be excavated m the opening, construcuon or maintenance of said channel or drainage
easement may be removed from said prermses by the State and ut~l,zed m tbe constmcuon and mainte-
nance of the State highway system of Texas
TO HAVE AND TO HOLD the premises described m Exhibit "A" for smd purposes together with all
and singular the rights, pnvdages and appurtenances thereto m any manner belonging, unto the State of
Texas forever, and Grantor hereby brads itself, its he~s, successors or assigns, to Warrant and Forever
Defend, all and singular, the smd easement hereto conveyed unto the State of Texas, its successors and
assigns, against every person whomsoever lawfully clanmng or to clatm the same or any pan thereof
21
Texas Depm~ment of Transpomtton
Form
Pa8~2of~ Rev 9~1
~ ~SS ~R~OF~
day of ,19,~
ACKNOWLEDGMENT
THE STATE OF TEXAS, }
COLrNTY OF }
BEFORE Mit, the undermgned, a Notiu7 Pubhc, on this day personally appeared
, known to me (or proved
to me on the oath of , a credible witness,) to be the person(s) whose
name(s) ~ (at~) subscnhed to the foregoing insmunent and acknowledged to me that he/she/they executed the same for the
proposes and considerat,on thereto expressed.
GIVEN UNDER MY HAND AND SF.,AL OF OFFICE, this day of ,19
NoraO' Pubhc, State of T~xas
My Commission expu~s on th~ day of ,19__
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS, }
COUNTY OF }
BEFORE ME, the undersigned, a Notary Pubhc, on this day personally appeared
of , known to
me to be the person and officer whose name is subscnhed to the foregoing matrament and acknowledged to me that the same
was the act of the said , a corporauon, that he/she was
duly authorized to pel'form the same by appropnate re.solution of the board of du~ctors of such corporation and that he/she
executed the same as the act of such cmponmon for the proposes and conszderauon theism expressed, and m the capamty
thereto stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE, th~s day of ,19
Notary Pubhc, State of Texas
My Commission expues on the day of ,19
22
Tzxas DeparUnenl: of TransponaUon
Form D-15-31
Page3o£3 Rev 9/~1
After recording please return this instrument to:
CERTIFICATE OF RECORDING
THE STATE OF TEXAS, }
COUNTY OF }
23
Agenda No
Agendalte~, ~
AGENDA INFO]~TION SHEET Date_ ~ I~ 0 0
AGENDA DATE. Augus~ 1, 2000
DEP~TMENT: Engineering ~ Tr~n
C~C~ACM. Dave Hall, 349-8314 ~.~
SUB.CT
Conmder adoption of ~ Ordinate of ~e C~ty of Denton, Texas, p~ly ab~donmg a po~on
of J~m C~s~ road being located between ~e west right-of-way hne of interstate 35 ~d ~e east
hnc or,he G C & S F Rmlro~ ~d being d~rectly across Imersmte 35 from Scnp~e Road ~d
being ~ ~pprox~mate 40 acre ~act of l~d IDeated m ~e B B B & C R R Comply S~ey,
Abs~aet N~ber 192, e~ty of Denton, Denton eo~ty, Text, ~d decl~mg ~ effective da~e
BACKGROUND
Rayzor Prope~es ~s requesting ~at ~e C~ty of Denton ab~don a po~on of Scnp~e S~eet ~at
hes between Imersta~e 35 ~d ~e G C & S F Rmlroad Th~s section of Scnpt~e w~
b~caded ~er ~e Rayzor F~dy gave ~e C~ty ~ add~t~on~ sw~p of l~d to budd the O~
Sffeet/J~m C~stal Road co~eet~on, as donated by Ord~ce No 93-057 There ~e utd~t~es
· at ~e w~m ~e ong~ roMway, ~e~fore, we wdl be re~mng a pubhc utd~ ~d drmnage
easement
OPTIONS
Not appheable
~COMMENDATION
S~ reco~ends approv~
P~OR ACTION~VIEW (Counefl~ Boards~ Commissions)
DRC approved on J~e 29, 2000
FISCAL INFO~TION
N/A
~P
A~ached
Respectfully submitted
2
LOCATION MAP
Jim ChOral I~oad
to be abandomd.
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PARTIALLY ABANDONING A
PORTION OF JIM CHRISTAL ROAD BEING LOCATED BETWEEN THE WEST RIGHT-
OF-WAY LINE OF INTERSTATE 35 AND THE EAST LINE OF THE GC & SF
RAILROAD AND BEING DIRECTLY ACROSS INTERSTATE 35 FROM SCRIPTURE
ROAD AND BEING AN APPROXIMATE 40 ACRE TRACT OF LAND LOCATED IN THE
B B B & C RR COMPANY SURVEY, ABSTRACT NUMBER 192, CITY OF DENTON,
DENTON COUNTY, TEXAS, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the C~ty of Denton Engmeenng Department has determaned that a portion of
Jim Christal Road as no longer reqmred for street purposes, satd street right-of-way beang an
approxamate 04 acre tract of land located an the B B B & C R R Company Survey, Abstract No
192, and located between the west right-of-way line of Interstate 35 and the east lane of the G C
& S F Ra~koad, directly across Interstate 35 f~om Scripture Road, as more partmularly descnbed
an Exhthat "A" attached hereto and made a part hereof by reference (the "Property"), and
WHEREAS, the Planmng and Zomng Comm~ssmn of the Caty of Denton, Texas,
revaewed the requested abandonment and recommended approval, and
WHEREAS, the Ctty Council of the Caty of Denton has determaned that the Property as
no longer needed for street purposes, save and expect for utfltty and drmnage purposes, and
WHEREAS, the C~ty's interest in the Property ts an easement tnterest and therefore
pursuant to Subsectaon 272 001(b) of the Local Government Code the Ctty's abandonment to
abuttmg owners as provaded for heretn may be for less than faar market value, NOW,
THEREFORE,
THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS
SECTION 1 The Property as hereby abandoned for street purposes, save and except for
the Caty's and pubhc utflmes' right to conttnue to repair, mamtmn, construct and reconstruct
utility and drmnage facflmes within the Property (the "Abandoned Property")
SECTION 2 The Abandoned Property shall revert to the abuttmg and underlying fee
owners as provaded by law
SECTION 3 Thru ordtnance shall become effecttve ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED thas the __ day of ., 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PR~/,,UTY, CITSf ATTORNEY
Page 2 of 2
EXHIBIT "A"
0 40 ACRES
FIELD NOTES to all that certain tract or parcel of land mtuated m the B B B & C R R Company
Survey, Abstract Number 192, City of Denton, Denton County, Texas and being part of a called
45 74 acre tract of land described In the deed to Rayzor O~1 & Gas Ltd recorded ~n Volume 4181,
Page 745, Deed Records of said County, and part of a called 7 161 acre Second Tract of land
descnbed In the deed to Jess Newton Rayzor recorded in Volume 855, Page 589, Deed Records
of smd County, the subject tract being more particularly descnbed as follows
BEGINNING at a ~' capped iron rod set for corner m the West nght-of-way hne of interstate
Highway 35 Access Road and the centerllne of J~m Crystal Road, same being the Northeast
corner of said Jess Newton Rayzor tract and the Southeast corner of smd Rayzor O~l & Gas Ltd
tract,
THENCE South 53 Degrees 43 Minutes 40 Seconds East along the East right-of-way hne of smd
Access Road a d~stance of 52 43 feet to a ~' capped ~ron rod set for the Southeast corner of the
tract being descnbed here~n,
THENCE North 88 Degrees 38 M~nutes 00 Seconds West a d~stance of 302 51 feet to a N'
capped ~ron rod set for the Southwest corner of the tract being desc. bed hereto ~n the East hne of
G C & S F Railroad,
THENCE North 21 Degrees 51 M~nutes 00 Seconds West along smd Railroad a d~stance of 65 29
feet to a ~/~' capped ~ron rod set for the Northwest corner of the tract being described hera~n,
THENCE South 88 Degrees 38 M~nutes 00 Seconds East a d~stance of 309 41 feet to a ~'
capped ~ron rod set in the East I~ne of said Access Road,
THENCE South 40 Degrees 12 Minutes 56 Seconds East along the East right-of-way line of smd
Access Road a distance of 38 52 feet to the POINT OF BEGINNING and enclosing 0 40 acres of
land more or less
This survey sketch correctly represents the results of an on-the-ground survey made under my
direction,and superv~mon on 06-12-00 There are no apparent intrusions, protrusions, or
easements except as shown hereon
KENNETF~ ZOLL.JglGE~R/NS 5312 Date
FLOOD STATEMENT I have examined the F E M A Flood Insurance Rate Map for the CRy of
Denton, Denton County, Texas, Commumty Number 480194, effective date 04-02-97 and that
map ind~cates that th~s properly ~s w~thm" Non-Shaded Zone ~ defined as" Areas outrode 500-
year floor and as shown ~n Panels 360 E of sa~d map
~ ~ 5312 ~
Agenda No ~
Agenda Item,
AGENDA INFORMATION SHEET
AGENDA DATE: August 1,2000
DEPARTMENT:
Engineering & Transportation
DCM. David Hill, Assistant City Manager/Development Services
SUIM-ECT: Consider adoption of an Ordinance supercedmg and repeahng Ordinance No 99-252
to ~ncrease the s~ze of McN~ar Elementary School Zone, Des~guatmg and Estabhslung School
Safety Speed Zones, Reduc]n8 the mammum puma fac]e speed haut for smd school safety speed
zones to speeds found to be reasonable and safe by the Engmeenng and Transportation
Department Investlgatmns for the Designated Hours, Prowdmg for school bus loading zones at
certmn schools, Prov~dm$ a penalty of a frae not to exceed two hundred dollars(S200 00),
Prowdmg a severablhty clause, prowdmg for pubhcatmn, and declanng an effeet~ve date Traffic
Safety Comnusslon recommended approval on March 6,2000
BACKGROUND: McNmr School has requested the school zone be expanded to ~nclude
Montectto Road The original zone was completed before recent development m the area The
ordinance proposes a 682' long school zone on Montec~to Road south from the I-hckory Creek
Interseetmn The proposed Ordinance prowdes for the Monteoto School Zone The ordinance
originally continued the proposed rewston to the Sam Houston Zone The zone ~s hung up w~th
TXDOT who just acknowledged that they will study the proposal To get the McNa~r School
Zone is place for the new school year, ~t needs to be considered at the August 1,2000, City
Councd Meeting
OPTIONS: 1 Approval 2 Disapproval
RECOI~IENDATION: Approval
PRtQR ACTION/REVIEW/Council. Boards. Comm]smons~ Traffic Safety Commission
recommended approval on March 6,2000.
FISCAL INFORMATION Cost of the S~gus for the School Zone will be less than $500
Respectfully subnutted
Je~y~lark, D~reetor
Engnieenng & ~ansportat~on
Traffic Safety Minutes
March 6, 2000
Page 3 of 6
ITEM #3 REVIEW AND CONSIDER APPROVAL OF AMENDING ORDINANCE
99-152 (SECTION I, #7) TO ADD A SCHOOL ZONE ON MONTECITO
ROAD FROM THE INTERSECTION OF HICKORY CREEK FOR A
DISTANCE OF 682 FEET:
Clark said thas request is amendang the School Zone Ordinance 99-152 There is
a current school zone on Hickory Creek Road This as McNmr school, and this
request is by Doug Key, Pnnclpal
The current school zone is on Hackory Creek Road This is an ortho an the 1995
range You can see how much development has occurred since that time
Hill smd Montemto was once a dead-end road Clark said that is correct
Development ~s wrapping around it It just exploded in the last year
Th~s is the school layout Danny Cummangs has designed thas to set the school
zone m 75 feet so people can see it This one would be set back 150 feet from the
school zone property These are "advance school zone sagns" There as a resume
aign here
Thas school was zoned an 1998 prior to the development Staff as tryang to expand
the school zone to meet the type activity now occurring This school was
unfortunately developed close to the road and no stacking was made onsate Staff
is working with DISD to develop future schools w~th stacking on sate They need
deceleration lanes, but they haven't budgeted that yet They are actually parking
on Hmkory Creek and Monteclto
Staff is recommendang approval The total distance is 682 feet
Cheek smd this ~s on the south sade of Hmkory Creek Clark said yes Cheek
asked if staff had looked at the north side Hall smd that would be on the east side
Clark smd she is mfemng to Hickory Creek There is a subdlvlsaon up here
Hill said Hickory Creek runs north and south Clark said Hickory Creek runs east
and west Cheek smd that is correct Clark said Montecato rtms north and south
She is asking if at is north or south of at, and it is south Hill said is you sure?
Cheek smd she is positive She has three grandsons at that school Hill said he
owns property out there Cheek said her son lives offMonteclto
Waiters asked if there was any school zone north of Montemto Clark said no If
at gets to be a busy road, it might be School zones haven't been put that far out
If it gets too busy, the school may put a crossing guard there
Traffic Safety M~nutes
March 6, 2000
Page 4 of 6
Walters asked if there was an existing school zone on H~ckory Creek Clark smd
yes, right here Walters smd this s~gn would be 75 feet east of Hickory Creek
Clark smd no It starts right at the school property This is saying, "We will inset
the sign 75 feet from the road" so people can see it
Clark apologized for the drawing It was recmved the day packets were dehvered
Sawko asked ~f anyone had commented on ~t from the public Clark smd no
Cheek asked ~fthe south mdc cut through to somewhere else Clark said it would
eventually Cheek smd it looks crowded Clark said there ~s a neighborhood
wrapping around ~t Eventually, ~t wall run all the way to Teasley Lane
Smith asked why are some schools 20 mph and some 25 mph Clark smd there ~s
only one that ~s 25 mph That ~s on a State highway The one on Sam Houston is
25 mph The State will not reduce the speed any lower than 45 mph Staffhas
tried to take them down to 40 mph so the school zone could be 20 mph, but the
85th percentile was too high, they wouldn't go for 20 mph That has been a five-
year running battle Cheek smd ~t has been more than 5 years She experienced
the same th~ng on Umverslty Clark smd ~t has probably been a 30-year battle
STAFF RECOMMENDED Approval
COMMISSION Cheek made a motion to approve the request Smith seconded the motion
Motion passed unanimously
Traffic Safcty Conumss~on Meeting - March 6, 2000
ITEM #3. REVIEW AND CONSIDER APPROVAL OF AMENDING ORDINANCE
99-152 (SECTION I, #7) TO ADD A SCHOOL ZONE ON MONTECITO
ROAD FROM THE INTERSECTION OF HICKORY CREEK FOR A
DISTANCE OF 682 FEET
Tlus request is fi.om the adrmrastratlon at MeNtor Elementary School located at the
mtersect~un of Hmkory Creek Road and Montecito Road The request is fi:om
Principal, Doug Key to add a school zone for the enttre length of the school property
along Montec~to
The original school zone approved in 1998 was developed prior to any of the
development that has occurred on the south side of H~ckory Creek The large
subd~wsmn around the school is rapidly building homes Ttus creates traffic and
pedestrian impacts on Montecito Road McNair is an older school that s~ts very close
to the road so pedestrians are exposed to heavy traffic conditions
Staff has enclosed a drawing of the proposed school zone and appropnate slgnage
Tbas includes "advance warmng" s~gns of 75 feet on the north end and 150 feet on the
south end Enclosed also is a copy of Ordinance 99-152 that describes the original
school zone on Hickory Creek Road, an aerial photograph, and a Centex Home
drawing of the Raver Oaks Subdtvls~on
Staff recommends approval
· Page 3
F~-~e--88 11:12 ~M MCN~[R IEI.~M£NTI~R¥ ~CHOOI- 94e~_~_-~?e81 P.8~
RonMd E. McN~r Elementary School
l~t2 Hl~ory Creek ~ · Den~,Te~ 7~5-97~
~ ~3.4744
To: Mr. Clark
From: Doug Key
Date Feb. 28, 2000
McNa~r would like to request school zone signs to be placed
on Montec~to Dnvc A map included wdl md~catc where they
should be placccl We apprcmate you taking care of this matter
$
....................... -i' -- '~ ....
02/28/00 12 41 FA~ 040270520! C P EI~GII~K1)iG * DE~I'ON ENGII~ER ~002
8
02/28/00 12 34 FAX 9403498376 DENTON-ENG-DEPT- P01
S \Our Documents\Ordmances\00\SchoolZone ORD doc
ORDINANCE NO
AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO99-252 TO
INCREASE THE SIZE OF MCNAIR ELEMENTARY'S SCHOOL ZONE, DESIGNATING
AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE, REDUCING THE MAXIMUM
PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONE TO A SPEED
FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND
TRANSPORTATION DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS,
PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS, PROVIDING
A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200 00),
PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION, AND
DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
glRC. TIC)NT 1 That based upon an Engineering and Transportation Department ~nvest~gat~on
heretofore made, as anthonzed by the prows~ons of Section 545 357 of the Transportation Code,
V T C A, the pnma fac~e speed lnmt of twenty (20) miles per hour for velucles ~s hereby
deternnned and declared to be prima fac~e reasonable and safe, and such speed hmlt is hereby fixed
for vetucles traveling w~tlun the following described school zones
A That the tnne periods for the reduced speeds for the school zones described below shall be
fi.om 7 30 a m until 8 30 ara and from 2 30 p m unul 3 30 p m on school days The location of
school zones described below shall be as follows to-w~t
1 Borman Elementary School
Both directions of Patron Street beginning 50 feet east of where Parvln Street intersects the
center line of McConmck Street to 100 feet east of where Parvln Street intersects the center
hne of Mercedes Street
2 Newton Rayzor Elementary School
Both directions of Malone Street beglnmng 50 feet north of where Malone Street ~ntersects
the center line of Cordell Street to 100 feet north of where Malone Street intersects the center
hne of Emery Street
3 Gmmngs Elementary School
Both d~recUons of Stuart Road begmmng 250 feet north of where Stuart Road intersects the
center line of Imperial Drive to 175 feet north of where Stuart Road intersects the center line
of Sun Valley Street
Both (hrect~ons of Sun Valley Dnve fi.om xts ~ntersecUon with Smart Road to 200 feet east of
where Sun Valley Drive intersects the center hne of Yellowstone Place
Both chrectaons of Yellowstone Place begmmng 300 feet north of where Yellowstone Place
intersects the center hne of Impenal Drive to the intersection of Sun Valley Dnve and
Yellowstone Place
4 Woodrow Wilson Elementary School
Both dh'cottons of Windsor Drive begmmng 275 feet west of where Wandsor Drive intersects
the center line of Bristol Street to 275 feet east of where Windsor Drive intersects the center
hne of Hanover Drive
Both dareetlons of Hanover Drive from ~ts ~nterseeUon with Windsor Drive to 450 feet north-
west of where Hanover Drive intersects the center hne of Roekwood Lane
Both dtrectaons of Emerson Lane begmmng 150 feet east of where Emerson Lane intersects
the center lane of Glenwood Lane to 350 feet west of where Emerson Lane ~ntersects the
center lane of Rockwood Lane
5 Hodge Elementary School
Both darectaons of Grant Parkway beginning 380 feet northeast of where Grant Parkway
intersects the center line of Deerwood Parkway to the intersection of Farns Road and Grant
Parkway
Both dlrecUons of Farns Road fi'om xts antersect~on w~th Sflverdome Road to 200 feet north
of where Fams Road intersects the center lane of Grant Parkway
6 Robert E Lee Elementary School
Both darecttons of Pmsley Street begmmng 475 feet west of where Pmsley Street ~ntersects
the center hne of Mack Drive to the lntersectaon of Mack Drive and Pmstey Street
Both dlrect~ons of Mack Dnve from ~ts ~ntersecUon w~th Double Oak Street to the
antersectaon of Pmsley Street and Mack Drive
7 McNmr Elementary
Both dlrectaons of H~ckory Creek Road begmmng 765 feet west of where Hxckory Creek
Road intersects the center lme of Montec~to Drive to 430 feet east of where Hackory Creek
Road intersects the center line of Montecato Drive
Both (hreetaons of Monteeato Drive from xts ~ntersect~on wnh Hxckory Creek Road south for
682 feet
PAGE 2
8 Evers Elementary
Both directions of Evers Parkway beganmng 305 feet south of where Evers Parkway
intersects the center line of Gardenwew Street to 50 feet south of where Evers Parkway
intersects the center hne of Robble-O Street
Both directions of Cobblestone Row from its intersection with Evers Parkway to 170 feet east
of where Cobblestone Row intersects the center line of Ashcroft Lane
9 Sullivan Keller Elementary
Both dxreetaons of Wood Street begmmng 230 feet south of where Wood Street intersects the
center hne of Davis Street to 300 feet north of where Wood Street intersects the center line of
Daws Street
Both directions of Ruddell Street begmmng 230 feet south of where Ruddell Street intersects
the center line of Daws Street to 300 feet north of where Ruddell Street intersects the center
line of Daws Street
Both d~rectlons of Daws Street from its intersection wxth Wood Street to the intersection of
Ruddell Street and Daws Street
10 Fred Moore Center
Both d~rect~ons of Mill Street beganmng 150 feet west of where Mill Street intersects the
center line of Cross T~mber Street to 100 feet west of where Mill Street intersects the center
line of Wye Street
Both directions of Wye Street beginning 150 feet west of where Wye Street intersects the
center line of Cross Timber Street to the intersection of Mill Street and Wye Street
Both directions of Cross Tanber Street from its intersection w~th Wye Street to the
intersection of Mill Street and Cross Timber Street
! 1 Tomas R~vera Elementary
Both direct~ons of Newton Street beganmng 200 feet north of where Newton Street intersects
the center hne of Morse Street to 225 feet north of where Newton Street intersects with the
center line of Wilson Street
B That the ttme periods for reduced speeds for school zones described below shall be from
7 30 a m until 8 30 a m and from 3 30 p m until 4 30 p m on school days The Ioeatlon of school
zones described below shall be as follows, to-wit
PAGE 3
1 Stnckland Middle School
Both darectlons of Windsor Drive begunmng 560 feet east of where Windsor drive intersects
the center line of Locust Street to 225 feet east of where Windsor Drive intersects the center
line of Bell Avenue
Both darectlons of Bell Avenue fi.om its intersection with Driftwood Trml to the lntersectton
of Windsor Drive and Bell Avenue
2 Calhoun Middle School
Both dtrectlons of Congress Street fi.om 130 feet west of where Congress Street intersects
with the center line of Mounts Street to 200 feet east of where Congress Street intersects with
the center line of Denton Street
Both darecttons of Denton Street fi.om its intersection with Congress Street to 100 feet south
of where Denton Street intersects with the center line of Pearl Street
Both darectaons of Mounts Street fi.om its intersection with Congress Street to 190 feet south
of where Mounts Street intersects with the center line of Anderson Street
3 McMath Maddle School
Both threct~ons on Londonderry Lane from the its intersection with Teasley Lane to one
hundred feet east of its intersection with Sam Bass Boulevard
C That the me periods for reduced speeds for school zones described below shall be fi.om
7 30 a m until 8 30 a tn and fi.om 3 00 p tn until 4 00 p m on school days The location of school
zones described below shall be as follows, to-w~t
1 Ryan High School
Both d~rectaons of McI~nney Street beglnmng 500 feet west of where McKarmey Street
intersects with the center line of the high school driveway to 525 feet east of where
McKmney Street intersects with the center lme of the high school driveway
2 Denton High School
Both directions of Crescent Street beglnmng 250 feet east of where Crescent Street intersects
the center line of Bryan Street to 150 feet east of where Crescent Street intersects with the
center hne of Fulton Street
Both directions of Bryan Street beganmng 250 feet south of where Bryan Street intersects the
PAGE 4
center line of Crescent Street to 150 feet north of where Bryan Street ~ntersects the center hne
o f Linden Street
Both directions of Fulton Street beginning 150 feet north of where Fulton Street intersects the
center lme of Crescent Street to 50 feet north of where Fulton Street intersects the center hne
of Lmden Street
D That the tune periods for reduced speeds for school zones described below shall be from
7 30 a m until 9 00 a m and from 3 00 p m until 4 30 p m on school days The location of school
zones descnbed below shall be as follows, to-wit
1 Liberty Christian School
Both directions of Bonme Brae from 721 feet north of where Bonnie Brae ~ntersects the
center lme of Wlllowood to 1820 feet north of where Bonme Brae ~ntersects the center line of
Wlllowood
E That the time periods for the reduced speeds for the school zones described below shall be
from 7 00 a m until 9 00 a m and from 2 00 p m until 4 00 p m on school days The location of
school zones dascnbed below shall be as follows, to-wit
1 Immaculate Conception Catholic School
Both directions of Bolivar Street from ~ts intersection w~th Second Street to its mtersecUon
w~th Third Street
~ That based upon an Engmeenng and Transportation Department ~nvestigatlon
heretofore made, as authorized by the provls~ons of Section 545 357 of the Transportation Code,
V T C A, the prima facle speed hunt of twenty-five (25) miles per hour for vehicles is hereby
determined and declared to be prima facle reasonable and safe, and such speed hmlt is hereby fixed
for vehicles travehng within the following school zones
A That the tnne periods for the reduced speeds for the school zones descnbed below shall be
from 7 30 am until 8 30 am and from 2 30 p m until 3 30 p m on school days The location of
school zones described below shall be as follows, to-wit
1 Sam Houston Elementary
Both directions of Teasley Lane beglnmng 325 feet east of where Teasley Lane intersects the
center llne of Pennsylvania Drive to 365 feet west of where Teasley Lane ~ntersects the center
lme of Ldhan Miller
,qF, C, TIONT 3 That based upon an Engmeenng and Transportation Department investigation
heretofore made, as authonzed by the pmwsmns of Section 545 357 of the Transportation Code,
PAGE 5
V T C A, the prima facle speed hrmt of tturty-five (35) miles per hour for vehicles is hereby
detenmned and declared to be pnma facto reasonable and safe, and such speed limit as hereby fixed
for vehicles traveling within the following described school zones
A That the tune periods for the reduced speeds for the school zones described below shall be
from 7 30 am until 9 00 am and from 3 00 p m until 4 30 p na on school days The location of
school zones described below shall be as follows, to-wit
t The Selwyn School
Both directions of West Highway 380 from 450 feet east of where West Highway 380
intersects the center line of Marshall Drive to 1200 feet west of where West Highway 380
intersects the center lme of Mesa Drive
,q~C. TION ~. When signs are erected giwng notice thereof, an individual adjudged guilty of
exceeding the hereto defined speed lanltS shall be gnllty of a misdemeanor, and pumshed by a fine
not to exceed Two Hundred Dollars ($200 00)
~qg.~.TION 5. The loeat~un of School Bus Loading Zones for the following schools shall be
as follows, to-wit
1 Borman Elementary
The southernmost lane of Parvm Street beginning where Parvln Street intersects the east
curbhne of MeCormlek Street to where Parvln Street intersects the west curblme of Mercedes
Road
2 Gmmngs Elementary
The southernmost lane of Sun Valley Drive begunung where Sun Valley Drive intersects the
east eurbhne of Smart Road to where Sun Valley Drive intersects the west eurbhne of
Yellowstone Place
3 MeNalr Elementary
The westernmost lane of Monteclto Drive beglnmng 287 feet south of where Monteclto
Drive intersects the south eurblme of Hickory Creek Road to 407 feet south of where
Montecno Dnve intersects the south curbhne of Hickory Creek Road
4 Sulhvan Keller Elementary
The northernmost lane of Davis Street beglnmng where Davis Street intersects the west
curbhne of Ruddell Street to 180 feet west of where Davis Street intersects the west curblme
of Ruddell Street
PAGE 6
5 Stnckland M~ddle School
The southernmost lane of Windsor Drive begmmng where Windsor Drive Intersects the west
curblane of Bell Avenue to 900 feet west of where Windsor Drive intersects the west cttrbhne
of Bell Avenue
6 Calhoun Middle School
The westernmost lane of Denton Street from 196 feet south of where Denton Street intersects
the south curbhne of Congress Street to 640 feet south of where Denton Street intersects the
south curbhne of Congress Street
,qF~.ITTI(')NI 6 When s~gns are erected giving notice thereofi ~t shall be unlawful for any
person to operate or park a motor vehtcle other than a school bus ~n a hereto described School Bus
Loading Zone An lnthwdual adjudged guilty of the provision of this section shall be gmlty of a
misdemeanor and pumshed by a fine not to exceed Two Hundred Dollars ($200 00)
,q~.C. Tlf)lq ?. That tins orchnance shall be cumulative of all other ordinances of the C~ty of
Denton defimng school zones and school bus loading zones and shall not repeal any of the
provlmons of smd ordinances except in those instances where prowslons of those ordinances are in
direct conflict with the provisions ofttus ordinance
,qF, CTIC~N g. That ~fln any section, subsectaon, paragraph, sentence, clause, phrase or word
m this ordinance, or apphcat~on thereof to any person or circumstance is held lnvahd by any court
of competent junsd~ctmn, such holding shall not affect the vahd~ty of the remmnmg pomons of tins
ordmance, and the C~ty Council of the C~ty of Denton, Texas hereby declares it would have enacted
such remanung portaons despite any such ~nvahchty
,ql~.C. TION 0 That th~s ordinance shall become effective fourteen (14) days from the date of
~ts passage, and the C~ty Secretary is hereby directed to cause the caption of this ordinance to be
pubhshed twice in the Denton Record-Chromcle, the official newspaper of the Ctty of Denton,
Texas, wltban ten (10) days of the date of its passage
PASSED AND APPROVED fi'ns the __ day of _, 2000
EULINE BROCK, MAYOR
PAGE 7
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 8
AGENDA INFO~ATION SHEET
AGENDA DATE: August 1, 2000
DEPARTMENT Parks and Rec~e~Department
ACM: Dave Hill ~
SUBJECT.
Constder adoption of an ordtnance approwng a notice of resmctlon for a 14 897 acre
mmgation area on South Lakes Park required by the United States Army Corps of
Engineers, authorizing its execution by the ctty manager or his designee, and prowdmg
an effective date
BACKGROUND:
As part of the 1996-2000 capttal bond program, a flood control and retention lake was
approved for South lakes Park Thts project provMes for a second lake to offer both
flood control and recreational value for the park As part of the engtneermg requtrements
and approvals for thts lake, the etty had to obtain a 404 permtt from the Umted States
Army Corp of Engineers Under the Corp of Engtneers permgtmg reqmrements, the ctty
must mmgate the dtsturbanee of Fletcher Creek floodplain by re-estabhshtng the
downstream area into a npartan habttat and protect the area m perpetutty Thts ts to be
done by plaemg a deed restriction on 14 897 acres of South Lakes Park Thts deed
restriction wall prohlbtt any construction of buildings, athlettc fields, and actiwty
facthties that will adversely affect the intended extent, condition and function of the
mitigation area
OPTIONS'
· Adopt the proposed Ordinance approvmg th~s restriction for the 14 897-acre
mitigation area as a requirement of the Umted States Army Corp of Engineers This
~s staffs recommendation
Dtrect staff to constder addmonal details, modtfy the document and resubmit to the
Army Corp of Engineers
RECOMMENDATION.
After revtewang all options, staff recommends the adoption of the proposed Ordinance
ESTIMATED SCHEDULE OF PROJECT:
Not apphcable
PRIOR ACTION/REVIEW.
Ttus ts the first revtew of the proposed action
FISCAL INFORMATION:
No e~pendxture of funds ~s reqmred by thxs ordinance
ATTACHMENTS:
Ordinance
Not~ce of Restriction
Map
Respectfully submitted
Ed Hodney, Dtrector~
Parks and Recreatj~n Department
Prepared by
obert K T~ckner, Supenntendent
Parks and Recreation Department
2
EXHIBIT
ORDINANCE NO
AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A 14 897 ACRE
MITIGATION AREA ON SOUTH LAKES PARK REQUIRED BY THE UNITED STATES
ARMY CORPS OF ENGINEERS, AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER OR HIS DESIGNEE, AND PROVIDING AN EFFECTiVE DATE
WHEREAS, the Umted States Army Corps of Engineers has reqmred that the C~ty of
Denton place certam m~t~gat~on restnctxons on a portton of South Lakes Park associated w~th the
construction of the South Lakes Park Detention Pond, and
WHEREAS, the C~ty Council of the C~ty of Denton, Texas finds that the approval of
these m~t~gat, on restrictions ~s m the pubhc interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The C~ty Manager, or tus designee ~s hereby authorized to execute the
Notme of Restnct~on m substantially the form of the document attached to and made a part of
th~s ordinance
SECTION 2 Tbas ordinance shall become effective ~mmedlately upon its passage and
approval
PASSED AND APPROVED t!us the day of ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERB~TORNEY
BY -
3
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CIT~ ATTORNEY
ACKNOWLEDGEMENT
SUBSCRIBED AND SWORN TO BEFORE ME by Michael W Jez, City Manager for the City
of Denton, Texas, on behalf of such e~ty, on this the day of ,2000, to certify
whmh w~tness my hand and seal of office
Pnnt Name
Notary Pubhc, State of Texas
Notary Commission Exptres
S \Our Docunlents\Contracts\OO~Army Corp Restriction doc
EXHIBIT
NOTICE OF RESTRICTION
STATE OF TEXAS
} KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
The City of Denton, Texas is the owner of that certmn real property described and shown in
Exhibit "A" attached hereto and made a part hereof by reference (the "Property") The Property
is subject to special conditions of Department of the Army Nationwide Penmt 26 for ProJect
199900601, dated March 1, 2000, or a revision thereof One of the special conditions of the
referenced penmt requires restrictions be placed on the Property for the purpose of prowdang
compensation for adverse impacts to waters of the Umted States Any purchaser of all or any
part of the Property or any person hawng an interest m or proposing to acquire an ~nterest m all
or part of the Property, is hereby notffied that development restrictions affecting the Property are
as follows
1 The Property, or a portion of the Property, ~s hereby dedicated m perpetuity as a
stream and stream buffer area preserve associated with the construction of the
South Lakes Park Detention Pond The Property is dedicated for the purpose of
providing compensatory mitigation for adverse impacts to waters of the United
States, including wetlands The Property shall not be disturbed except by those
Umted States Army Corps of Engineers ("USACE") approved actlwt~es that
would not adversely affect the intended extent, condltton, and function of the
mlttgat~on area Disturbance of the dedicated Property may require Department
of the Army anthonzatlon
2 This restriction may not be removed or revised without obtalmng a written
mochficatlon of the aforementioned USACE authorization by the USACE
Mochficatlons may be granted only by the USACE
This notice of restriction does not grant any property rights or exclusive pnwleges
EXECUTED THIS day of ,2000
CITY OF DENTON, TEXAS
By
MICHAEL W JEZ, CITY MANAGER
5
S \Our Documents\Contraets\OO~Army Corp Restriction doc
"EXHIBIT A"
PROPERTY DESCRIPTION
14 897 ACRES SITUATED IN THE C POULLALIER SURVEY, A-1007, DENTON COUNTY,
TEXAS SAID ACREAGE IS ALSO A PORTION OF A TRACT OF LAND DESCRIBED TO
~ CITY OF DElVe'ON ACCORDING TO THE DEED RECORDED IN VOLUME 3257, PAGE
971, REAL PROPERTY RECORDS, DENTON COUNTY, TFY~S SAID ACRF~OE IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
COMMENCING AT A ½ INCH IRON ROD FOUND (UNDERNEATH A SIDEWALK) FOR
THE NORTHFJ~T CORNER OF SAID CITY TRACT,
THENCE $00e00t25"W ALONO THE EAST LINE OF SAID CITY TRACT, 1683 51 FEET,
THENCE NsqQ59'3Y'W LEAVING SAID EAST LINE, 29200 FEET THE PLACE OF
BEGINNING,
THENCE SOO°OO'2~"W, ~$~ O0 FEET,
THENCE S44°59'35"E., 141 42 FEET,
THENCE S00'00'23"W, 1040 00 FEET,
THENCE N89'59'3Y'W, 137 00 FEET,
THENCE N00°00'25"E, 523 00 FEET,
THENCE N89*59'35"W, 395 00 FEET,
~CE N00°00'2$"E, 1205 00 FEET,
THENCE S89°$9'35"E, 432 00 FEET TO THE PLACE OF BEGINNING
PREP .AKED FROM AN ON TIlE OROUND SURVEY PERFORMED IN THE MONTH OF MAY
DANIEL ~ ~Ii~ACK, ~P L S 44gl
SEE SHEET NO 3 FOR SKETCH SHEET 2 OF 3
L ~PROJ-R14~DEN98322~PROPERTY doc EXHIBIT 'A'
E; :HIBIT C..,
SKgTCH SHOWING
CITY OF DENTON,
TEXAS
P~CE OF BE~NNING~x
14897 AC
~ AREA
~ TEAGUE NA~ A~
7
Agenda No ~_.
Agendaltem., ,, .~
AGENDA INFORMATION SHEET
AGENDA DATE August 1, 2000
DEPARTMENT Electric Utd~ty
ACM Howard Martin, 349-8232 ~
SUBJECT.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL AND
LOBBYING SERVICES WITH THE LAW OFFICES OF JIM BOYLE FOR SERVICES
PERTAINING TO LEGAL AND LEGISLATIVE MATTERS RELATING TO THE CITY OF
DENTON, DENTON MUNICIPAL ELECTRIC FOR THE INTERIM PERIOD PRIOR TO
THE OPENING OF THE 77TM TEXAS LEGISLATURE, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF
THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE
BACKGROUND:
There are many areas of importance to our ut~hties that are ~nfluenced by the Texas Legislature
We have found, from our experience dunng the last three legislative sessions, that our ablhty to
operate successfully can easily be harmed by legislative action unless we momtor ~ts act~wty
carefully and remain prepared to actively ~ntervene to protect our ~nterests As we have become
more fam~har w~th the manner in which things are done in the legislature, we have realized that
much of the groundwork for m~Uat~ves is load before the actual session begins Not being part of
that early influence process leaves us ~n a weaker defensive posture during the legislative
session Therefore DME recommends that the Law Office of Jim Boyle be placed on retoaner to
provide legislative representauon for work already provided th~s year and to be done for the
balance of the year
Mr Boyle has represented the Denton Munmlpal Elecmc dunng the last two Legislative
Sessions H~s representation has been very effective m that area He worked day and night
during the development of SB7 to add prows~ons to the bill designed to assist Denton w~th ~ts
TMPA stranded cost He accomplished things on DME's behalf that many people soad could not
be done H~s work resulted m the following favorable provisions being added to the bill
· S~ngle certfficatlon for DME w~thm the February 1, 1999 mty limits
· The leglslatxve reporting reqmrement regarding efforts to extmgmsh the TMPA debt
· The ability to levehze the TMPA TCOS
· The abxhty to finance TMPA's stranded cost through the Texas Public Finance Authority
He also managed to get a provision an the telecommunlcat~ons bill that allows DME to lease 1ts
dark fiber to non-governmental ent~t~es
Although he was not being prod for this service, he also traed to monator leg~slatlon ~n other areas
and warn,other Denton uttht~es and General Government about developments on other p~eees of
legislation what might have an effect on their operations
Mr Boyle provides an unusual form o£1eg~slat~ve representation Most ln&viduals offering th~s
service s~mply take leglslat~on and back-up data prepared by their clients and use their
connections to present ~t to the approprmte legislators Mr Boyle drafts legislation, does legal
research m support ofposlt~ons, and prepares background material as well as prowdlng entree to
the approprmte legislators He is also very good at finding other entities who have similar
interests and forming coaht~ons to get th~ngs done His fees for these expanded services are
lower than most individuals ~n this bus~ness A normal fee for the type of services covered by
the proposed contract would be closer to $10,000 per month whale the Leg~slatnre is not m
session
Now that people have had t~me to fully analyze SB7, they are begannIng to posIt~on themselves
to get changes made dunng the next session that will benefit their individual interests We must
stay on top of these activities to assure that proposed changes do not harm DME Also, parties
who are not pleased by the concessions DME was able to place ~n the original SB7 are now
trying to use the PUC and legal technicalities to prevent us from taking advantage of these
benefits Since Mr Boyle was a part of the original creation of these benefits, he has been able
to use his legislative connections to ~nfluenee these efforts in our favor Specific areas of
concern m the ~mmedmte future are
· The abthty to lease dark fiber
· Recovery of our levehzed TCOS rates
· Use of the Texas Pubhe Finance Authority to assist m the recovery of our TMPA stranded
cost
OPTIONS
1 Approve the contract as proposed
2 Do not approve any form of per-session legislative representation for the electric utility
RECOMMENDATIONS
DME feels strongly that we must prepare ourselves for the 2001 Legislative Session by actively
participating ~n the pre-session negotmt~ons
It is also critically important that we protect the advances that were made on DME's behalf ~n
1999 from attack and remmn ready to take advantage of any opportunaty that may surface to
improve DME's posit~on
Experience has shown us that orgamzattons such as TML, and TPPA, are not effective m
representmg DME's specific needs These organizations have memberships with a variety of
~nterests In many cases, these interests conflict, which leaves the organization unable to
function as a strong advocate for any specific position In some cases, the majomy of an
orgamzatlon's members take a position that is contrary to Dentoffs needs It is also difficult for
some of these organizations to make the rapid decisions necessary during negotiations due to
their need to develop consensus among their membership On the other hand, a few large
members, whose interests may d~ffer form those of Denton, dominate some orgamzat~ons
Attempting to use City staff to coordinate such an effort would not be effective In order to
accomplish anytlung m the Texas legislative arena, it is necessary to know who has the power to
accomphsh what is needed Simply discussing ~ssues with our local legislators Is not enough
Finding the right combination of supporters for each individual ~ssue reqmres knowledge of the
legislative power structure that C~ty staff does not have It is also necessary to be actively
d~scussmg issues with staff members and key players on a dmly basis to learn about behind the
scenes maneuvering ~n time to influence it On a more practical bas~s, th~s type of work takes a
large amotmt oftlme Utthzation of someone located m Austin, supplemented by carefully
planned ws~ts from City staff and our elected officials, is the most efficient way to accomplish
our goals
ESTIMATED SCItEDULE OF PROJECT-
January 1, 2000 through December 31, 2000
PRIOR ACTION/REVIEW (Council, Boards, Commission).
The Public Uttht~es Board approved the contract at its July 17th, 2000 meeting by a vote of 4 to 0
with three members absent
FISCAL INFORMATION.
Thc total monthly fee for Mr Boyle's services is $5,000 per month plus a 15% expense
allowance for a total cost of $69,000
Respectfully submitted
D~rector of Electric Utthties
3
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL AND
LOBBYING SERVICES WITH THE LAW OFFICES OF JIM BOYLE FOR SERVICES
PERTAINING TO LEGAL AND LEGISLATIVE MATTERS RELATING TO THE CITY OF
DENTON, DENTON MUNICIPAL ELECTRIC FOR THE INTERIM PERIOD PRIOR TO
THE OPENING OF THE 77TM TEXAS LEGISLATURE, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF
THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the C,ty Council deems ,t necessary and ,n the pubhc ,nterest to cont,nue to
engage the Law Offices of JLm Boyle, Austin, Texas, to prov,de profess,onal legal and lobbying
services to the C,ty perta~mng to cert~un legal and leg~slat,ve issues and matters relating to
Denton MUmclpal Electnc for the mtenm penod pnor to the opemng of the 77th Texas
Leg, slature, and
WHEREAS, the C,ty has prewously engaged the professional legal serv, ces of the Law
Offices of J,m Boyle on several occasions, and most recently, by an agreement heretofore
approved by the C,ty, wluch expired on December 31, 1999 on s,mflar ,ntenm legal and
legxslat~ve matters that covered the ~mt~al post-76th Texas Legislature penod of t~me from August
1, 1999 through December 31, 1999 Thereafter, the Law Offices of J~m Boyle continued
voluntarily performing professional legal and lobbying services on the C,ty's behalf, w~thout
,nterrupt,on, wlueh serv,ces benefited the C,ty, ,n advance of the approval by the Council of flus
Agreement for Professional Serv, ces, because of ex,gent, urgent developments, and unexpected
c~rcumstanees unfolding ,n connect,on w~th matters and ,ssues expected to be dealt dunng the
remaunng lntenm period before the begnunng of the 77t~ Texas Legislature, revolving the C,ty's
and Denton Mumc,pal Electnc's concerns and ~nterests Only recently has at been possible to
reasonably accurately define and quantify an appropnate scope of services and determme an
appropriate amount of compensat,on to be prod for these profess,onal senaces for the ,ntenm
leg,slat,ye penod begnnnng January 1, 2000 and running through December 31, 2000, as are
more parUcularly prov,ded for m the Agreement for Profess,onal Legal Serv,ces, and
accord,ngly, the C,ty Council has detenmned that ,t ,s faar and appropnate to approve the
Agreement to be effeetave as of January 1, 2000; and
WHEREAS, the C~ty Counc,1 has prov,ded in the C,ty Budget for the appropnat,on of
funds to be used for the purchase of the foregoing professional serv,ces, as set forth ,n the
Agreement for Professional Legal Serwces, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Manager ~s hereby authonzed to execute an Agreement for
Professional Legal Serv,ces with the Law Offices of J,m Boyle, Austin, Texas for professional
serv,ces pertanung to certmn legal and leg,slat~ve matters mvolv,ng the City of Denton
Mumc~pal Utfl~ttes for the mtenm penod before the 77'~ Texas Leg,slature as specafied
4
hereanabove, an substanttally the form of the Agreement for Professional Legal Services attached
hereto and incorporated herewath by reference
SECTION 2 That the award of thas Agreement as on the basas of the demonstrated
competence and quallficataons of the Law Offices of J~m Boyle and the ablhty of the Law
Offices of ~'lm Boyle to perform the professaonal legal serwces needed by the Caty for a fmr and
reasonable price
SECTION 3 That the expenchture of funds as provaded for an the attached Agreement
for Professaonal Legal Services as hereby anthonzed
SECTION 4 That the Agreement for Professaonal Legal Services as hereby ratified and
retroaetavely approved, and shall be effectave from and after January l, 2000
SECTION 5 That except as provxded m Sectaon 4 heremabove, fins ordinance shall
become effeetave ammed~ately upon ars passage and approval
PASSED AND APPROVED thas the day of ~ 2000
EULINE BROCK, MAYOR
ATTEST
JENNTFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Doeuments\Ordmancos\00Vlm Boyle Pre-77th TX Legls PSA doe
STATE OF TEXAS §
COUNTY OF DENTON §
AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS AGREEMENT, made and entered into th~s day of ,
2000, by and between the Law Offices of J'lm Boyle, 1005 Congress, Suite 550, Austin, Texas
78701, with J'lm Boyle, Attorney, having full anthonty to execute this Agreement, hereinafter
referred to as "Consultant", and the City of Denton, Texas, a Texas Municipal Corporation, 215
East McKanney, Denton, Texas 76201, heremafier referred to as "City", acting by and through its
duly-authorized and empowered City Manager
WITNESSETH
WHEREAS, xt is necessary and appropriate that the City of Denton continue to employ
experienced and well-qualified legal counsel to represent it m certain transitional legislative and
legal ~ssues following adjournment of the 76t~ Texas Legislature and preceding the start of the
77th Texas Legislature m 3anuary 2001, as well as significant compliance issues, strategic
planmng issues, and other legal ~ssues impacting upon and relating to Denton Mumclpal Electric
("DME") arising as a result of the enactment of Senate Bill 7, and otherwise, and
WHEREAS, the City has previously engaged the professional legal and lobbying services
of the Law Offices of Jam Boyle on several occasions, and most recently, by an agreement
entered into and approved by the C~ty, w'hlch expired on December 31, 1999 respecting similar
tntenm legal and lobbying matters that covered the period immediately following the
adjournment of the 76th Texas Legislature from August 1, 1999 through December 31, 1999, and
thereafter, the Law Offices of Sim Boyle continued voluntarily performing needed professional
legal and legislative services on the City's behalf, without interruption, and which services
benefited the City These services were performed in advance of the formal approval by the City
Council of this Agreement for Professional Legal Services because of urgent developments, and
ex~gent, unexpected circumstances unfolding m connection with matters and issues expected to
be dealt with dunng the remalmng interim period preceding the beg~nmng of the 77th Texas
Legislature, involving the City's and Denton Mumclpal Electnc's ("DME") concerns and
interests Only recently has it been possible to reasonably quantify an appropriate scope of
services and determine an appropriate amount of compensation to be paid for these professional
services for the interim legislative period begmmng January 1, 2000 and ending on December
31, 2000, and
WHEREAS, for the foregoing reasons, the City Council has determined that it is fair and
appropriate for the terms and prowslons of this Agreement to be ratified, retroactively approved,
and effective as of January 1, 2000, and
WHEREAS, the Consultant is wflhng to perform such services in a professional manner
as an independent contractor, and
WHEREAS, the City desires to engage the Consultant to render the services m
connection therewith, and the Consultant ~s wflhng to prowde such servmes, and
NOW, THEREFORE, m conslderatmn of the promises and mutual obhgatmns set forth
here~n, the parties hereto do mutually AGREE as follows
I Scope of Servmes The Consultant shall perform the following servmes ~n a professional
manner working as an mdependent contractor not under the d~rect supervision and control of the
City
A Services to be prowded
1 Consultant will provide, w~thout hmltauon, those servmes set forth ~n
Exhibit "A" made a part of th~s Agreement for all purposes, and shall
attend legislative heanngs, attend committee meetings, contact key
legislators and legrslat~ve staff as reasonably reqmred to advance the
interests of the City and ~ts mumc~pally-owned electric utility, DME
2 To consult w~th the Mayor, C~ty Manager, Assistant C~ty Manager for
Utfltt~es, Director of Electric Utflmes, C~ty Attorney, Assistant City
Attomey/Utfl~B. es, any Legislative Coordinator destgnated by the City, and
any other designated Ctty admlmstrat~ve personnel regarding any and all
aspects of the specml servmes to be performed, including legal research
and adwce wlth respect to such matters Th~s will ~nclude coordinating
w~th the Assistant C~ty Manager for Uttht~es, D~rector of Electric Ut~ltues,
the Assistant C~ty Attorney/Utthtaes, and their respective staff to
effimently perform the servmes required and to commumcate the C~ty's
legislative program as to DME or ~ssues to other interested part~es or
legislators only to the extent necessary to advance the C~ty's leglslanve
agenda
3 To provide regular status reports to the C~ty and interim reports by
telephone and facsimile on t~me-sensmve matters
II Tema The term of tins Agreement shall commence effective January 1, 2000 and shall
continue for a twelve (12) month period until December 31, 2000, the date of exp~ratmn of the
term of tl~s Agreement The parttes agree that flus Agreement ~s ratffied and retroactively
approved, and shall be effective as of January I, 2000 Th~s Agreement may be sooner
terminated by etther party m accordance w~th the prowsmns hereof T~me ~s of the essence
respecting tins Agreement, and Consultant shall make all reasonable efforts to complete the
services set forth herein as exped~tmusly as possible, as well as to meet the schedules estabhshed
by the C~ty, through ~ts D~rector of Electric Utflmes
III Compensation and Method of Payment
A The Consultant shall be pard the sum of $5,000 00 per month as a non-refundable
professtonal retmner fee for each month that flus Agreement ts tn force and effect
Due to the umque and spemal~zed nature of the services prowded and to be
provided hereunder, the Ctty recogmzes and agrees that the payment of a monthly
retainer fee, rather than an hourly fee, for Consultant's servmes m the area of work
covered by flus Agreement is the usual and customary method of compensatmn
for such professional services, and ts a reasonable method of compensating
Consultant for flus engagement The retainer fee provtded for by flus paragraph
shall not exceed $60,000
B In addition, the Ctty shall reimburse the Consultant for all out-of-pocket expenses
incurred in connectton with thru Agreement at Consultant's actual cost The
part,es esttmate that these expenses wtll cost approxtmately 15% of the total
mount of fees provided for by flus Agreement, or approxtmately $9,000 00 For
m-house photocopies, however, Consultant shall charge $0 15 per copy For m-
house faxes, Consultant shall charge $0 25 per page plus any applicable telephone
charge
C The parties agree that the aggregate mount of professional fees and expenses as
provided tn Paragraphs IH A and III B of thts Agreement shall not exceed
$69,000 00
D The Consultant shall utilize his best efforts m representing the Ctty's interests, and
may, from time-to-time, as reasonably necessary or appropriate, delegate tasks to
be performed within the Scope of Work of this Agreement, by utfllztng qualified
pnnclpals, assocmtes, legal assistants, or subconsultants Assistance provtded by
Consultant's staff ts included m the monthly fee Assistance provtded by
tndlmduals who do not work for the Consultant ~s not ~ncluded tn the monthly fee
and any such fees will be submitted to the Ctty as a reimbursable expense
incurred To the extent any such expense will exceed $1,000 00, Consultant will
first contact the Director of Electric Uttlltles for prior approval of any such
expense The Consultant shall bill the City through the submission of a monthly
tnvoice and other documentation, tncludtng supporting back-up data for all
expenses incurred and mvmced
E Upon completaon of sermces for a month's work performed hereunder, the Ctty
shall make payment to the Consultant w~flun tharty (30) days of the sattsfactory
completion of services for the g~ven month's work and the City's recetpt of an
tnvolce or statement The parties anticipate tnvmces or statements for servmes
will be generated on a monthly bas~s and that smd tnvomes or statements shall be
sent to the City on or about the 15th day of each month All tnvmces and bills
shall be reviewed by the Director of Electric Utilities, and reviewed and approved
by the Assistant C~ty Attorney/Utflttms
F It is understood that the Consultant shall work and coordinate his efforts under the
general supervision of the Director of Electnc Utfllties and the Assistant City
Attorney/Utlhtles
G All notices, invoices, and payment shall be made in wnting and may be given by
personal delivery or by mall Notices, invoices, and payments sent by mini shall
be addressed to Michael S Copeland, Assistant City Attomey/Utthtles, Utility
Administration, 215 East McKlnney, Denton, Texas 76201, or to Jim Boyle, Esq,
Law Offices of Jim Boyle, 1005 Congress, Suite 550, Austin, Texas 78701
When so addressed, the notice, invoice, and/or payment shall be deemed given to
the other party upon deposit m the United States Mall, postage prepaid In all
other instances, notices, mvolces, and/or payments shall be deemed given at the
time of actual dehvery Changes may be made in the names and addresses of the
responsible person or office to which notices, invoices, and/or payments are to be
sent, provided reasonable notice is given to the other party
IV Professional Comoetencv
A The Consultant agrees that in the performance of these professional services,
Consultant shall be responsible to the level of competency and shall use the same
degree of skill and care presently minntamed by other practicing professionals
performing the same or snmlar types of work m the State of Texas For the
purpose of tins Agreement, the key person who will be performing most of the
work hereunder shall be Jim Boyle, Attorney However, nothing herein shall
hmlt Consultant from using other qualified and competent members of bas law
firm to perform the services required herein, where no harm or detriment will
result to the City's interests
B Any pleadings, motions, orders, notices, instruments, discovery documents,
reports, and other legal documents prepared or obtained under the terms of this
Agreement are instruments of service and the C~ty shall retain ownership and a
property interest therein If this Agreement is terminated at any time for any
reason prior to the City's payment to the Consultant for work under fi'ns
Agreement, all such documents prepared or obtinned under the terms of the
Agreement shall upon termination be delivered to and become the property of the
City upon written request and without restriction on their use or further
compensation to the Consultant
V Est~bb~hment and Minntenance of Records Full and accurate records shall be
maintained by the Consultant at bas place of busmess with respect to all matters covered by tbas
Agreement Such records shall be maintained for a period of at least three years a/ter receipt of
final payment under this Agreement
VI A d ts d Ins tlon At any time dunng normal business hours and upon reasonable
notice to the Consultant, there shall be made available to the City all of the Consultant's records
w~th respect to all matters covered by this Agreement The Consultant shall permit the C~ty to
audit, examine, and make excerpts, transcripts, or cop~es from such records, and to make audits
of contracts, invoices, materials, and other data relating to all matters covered by th~s Agreement
VII Accomplishment of Pro, eot The Consultant shall commence, carry on, and complete any
and all projects provided for hereunder w~th all practicable dispatch, ~n a sound, economical and
efficient manner, and, m accordance w~th the provisions hereof and of all apphcable laws In
accomphshing the projects, the Consultant shall take such steps as are appropriate to insure that
the work involved ~s properly coordinated with any related work being carned on by the C~ty
VIII IndernmtY ~nd Independent Contractor Relat~onshm.
A The Consultant shall perform all services as an independent contractor, not under
the d~rect superv~slon or control of the C~ty Nothing hereto shall be construed as
creating a relationship of employer and employee between the part~es The C~ty
and Consultant agree to cooperate ~n the defense of any claims, actions, su~ts, or
proceeding of any kind brought by a third-party which may result from, or
directly or indirectly arise from any negligence and/or errors or om~ssaons on the
part of the Consultant, or from any breach of the Consultant's obhgat~ons under
th~s Agreement In the event any llt~gat~on or claim is brought under th~s
Agreement m which C~ty is .~omed as a party, Consultant shall provide suitable
counsel to defend City and Consultant against such claim, provided however, that
the Consultant shall have the right to proceed with competent counsel of his own
choosing The Consultant agrees to defend, indemnify and hold harmless the C~ty
and all of ars officers, attorneys, agents, servants, and employees against any and
all such elmms to the extent of coverage by Consultant's professional liability
pohcy The Consultant agrees to pay all expenses, including but not hmated to
attorney's fees, and satisfy all judgments that may be recurred or rendered against
the Consultant's professional habfllty insurance pohcy Nothing herein
constatutes a wmver of any rights or remedies the C~ty may have to pursue at
either law or eqmty, including, w~thout hm~tatlon, a cause of action for specific
performance or for damages, a loss to the City, resulting from Consultant's
neghgent errors or omissions, or breach of contract, and all such rights and
remedtes are expressly reserved
B Consultant shall malntmn in full force and effect at all times dunng the term of
th~s Agreement, a legally binding policy of professional habthty ~nsurance, ~ssued
by an insurance earner approved to do business m the State of Texas by the State
Insurance Board, which carrier shall have a rating from A M Best Rated
Canners, of "A-" or higher Such coverage shall cover any claim hereunder
occastoned by the Consultant's neghgent professional act and/or error or
omission, with a policy hm~t of not less than $500,000 combined s~ngle hmlt
coverage per occurrence In the event of change or cancellation of the pohey by
the insurer, the Consultant hereby covenants to ~mmed~ately advise the City
thereof, and m such event, the Consultant shall, prior to the effective date of
change or cancellation, provide a substitute pohcy furnishing the same coverage
to the City Consultant shall prowde a copy of such policy and the declarations
page of the existing pohcy to the C~ty through its Assistant C~ty Manager for
Ut~htleS, s~multaneously with the executmn of this Agreement
IX Termination of Aereement
A In connection w~th the work outlined in this Agreement, it IS agreed and fully
understood by the Consultant that the City may cancel or indefinitely suspend
further work hereunder or terminate this Agreement at any time upon fifteen (15)
days written notice to Consultant Upon receipt of such notice, Consultant shall
cease all work and labor being performed under this Agreement
~ Consultant may ten'innate th~s Agreement by giving the C~ty fifteen (15) days
wnttan notice that Consultant ~s no longer in a position to continue representing
the C~ty Consultant shall mvmce the C~ty for all work satisfactorily completed
and expenses ~ncurred, and shall he compensated ~n accordance w~th the terms of
this Agreement All reports and other documents, or data, or work related to the
projects shall become the property of the City upon termination of this
Agreement
C Th~s Agreement may, in the alternative, be terminated ~n whole or in part, in
writing, by e~ther party ~n the event of substantial failure by the other party to
fulfill its obligations under tins Agreement, through no fault of the terminating
party Prowded, however, that no such termination may be effected, unless the
other party is given [1] wntten notice (dehvered by certified mad, return receipt
requested) of ~ntent to tenmnate, and not less than tlurty (30) calendar days to
cure the faxlure, and, [2] an opportumty for consultation with the terminating
party prior to termlnatmn
D Nottung contained hereto or elsewhere m thts Agreement shall require the City to
pay for any work performed by Consultant or by any person performing servtces
under th~s Agreement at the d~rectlon of Consultant, which is unsatisfactory, or
which is not submitted in comphance with the terms of ttus Agreement
X ~ll2~gtl~il.~l~ This Agreement represents the entire agreement and understanding
between the parties, and any negotlatlons, proposals, representauons, or oral agreements are
intended to be integrated herein and to be superseded by this written agreement Any
supplement or amendment to this Agreement, in order to be effective, must be in writing and
signed by the City and Consultant
XI Com~hance w~th Laws The Consultant shall comply w~th all federal, state and local
laws, roles, regulalaons, and ordinances apphcable to the work covered hereunder as they may
now read or be hereafter amended, including, but not hm~ted to the Texas Dlsctphnary Rules of
Professional Conduct
XII Governing Law For the purpose of determining place of agreement and law governing
same, this Agreement is entered into the City and County of Denton, State of Texas, and shall be
governed by and construed m accordance with the laws of the State of Texas Venue and
jurisdiction of any stat or cause of action arising under, or In connection with tins Agreement
shall lie exclusively m a court of competent 3unsthct~on sitting m Denton County, Texas
XIII Discrimination Prohibited In performing the services required hereunder, the Consultant
shall not dlscnmmate agmnst any person on the basis of race, color, religion, sex, national ongm
or ancestry, age, or physical handicap
XIV Personnel
A Consultant represents that he has or will secure at his own expense all routine
personnel required to perform all the services required under this Agreement
Speclahzed consultants are not considered routine personnel Routine personnel
shall not be employees of, nor shall they have any contractual relations with the
City Consultant shall immediately inform the City of any conflict of interest or
potential conflict of interest that may arise dunng the term of this Agreement, in
accordance with Consultant's responslbflltles under the Texas Diselphnary Rules
of Professional Conduct [See Paragraph XV herembelow ]
B All services required hereunder will be performed by the Consultant or under his
direct supervision All personnel engaged in work hereunder shall be qualified
and shall be hcensed, or anthonzed, or permitted under federal, state and local
laws to perform such services
XV Consent tO Representation of The City of Greenville. Texas The City understands that
Consultant expects to possibly enter into an agreement for professional legal services w~th the
City of Greenwlle, Texas, and that the scope of Consultant's work to be performed for the C~ty
of Greenville, Texas may be sumlar, or possibly the same as Consultant's work for the City of
Denton under this Agreement Because of the close ties and relations between the Cities of
Denton and Greenwlle, and their involvement in snnflar Legislative issues, the City consents to
Consultant's engagement as a Consultant by the City of Greanwlle The City of Denton realizes
that although it is hkely that the Cities of Denton and Greenville will have compatible posltlOnS
on legislative issues, it is possible that the Cities of Denton and Greenville will assume
conflicting positions on certain legislative issues The City is aware ofthas potential conflict and
consents to Consultant's representation of both Cities even in light of the potential conflict The
Consultant agrees to d~sclose promptly to the Cities of Denton and Greenvalle any conflicts if
they should arise, and obtain consent for contmued representation
XVI AsslgnabflltV The Consultant shall not assign any interest in th~s Agreement and shall
not transfer any interest m tbas Agreement (whether by assignment, novation, or otherwise)
without the prior written consent of the City thereto
XVII ~ All agreements and covenants contained herein are severable, and in the
event any of them, w~th the exception of those contained m secUons headed "Scope of Services",
"Independent Contractor Relationship", "Compensation and Method of Payment" and "Consent
to Representation of the C~ty of Greenville, Texas" hereof, shall be held to be ~nvahd by any
competent court, th~s Agreement shall be ~nterpreted as though such mvahd agreements or
covenants were not contained herren
XVIII Re~p0ns~Nht~es for Claims and LmNhtv Approval by the C~ty shall not constitute nor
be deemed a release of the responsibility and haNhty of the Consultant for the accuracy and
competency of h~s work, nor shall such approval be deemed to be an assumption of such
responsibility of the C~ty for any defect m any report or other documents prepared by the
Consultant~ h~s employees, agents, or subconsultants
XIX Modification of A~reement No wmver or modification of th~s Agreement or of any
covenant, condmon, or hm~tat~on here~n contmned shall be vahd unless in writing and duly
executed by the party to be charged therewith No ewdence of any waiver or modification shall
be offered or recmved ~n evidence ~n any proceeding arising between the part,es hereto, out of, or
affecting th~s Agreement, or the rights or obhgat~ons of the parues hereunder, unless such wmver
or modification ~s in writing, duly executed as aforesmd, and, the part,es further agree that the
prowmons of tlus paragraph will not be wmved as here~n set forth
XX Ca'0tlons The captions of this Agreement are for ~nformat~onal purposes only and
shall not in any way affect the substantive terms or condmons of this Agreement
XXI ~ TI'ns Agreement shall be binding upon and inure to the benefit of the
part~es hereto and their respective hmrs, executors, adm~mstrators, legal representatives,
successors, and asmgns where permitted by tins Agreement
IN WITNESS WHEREOF, the C~ty of Denton, Texas has executed tNs Agreement by
and through its duly-authonzed C~ty Manager, and Consultant has executed this Agreement, m
four (4) original counterparts on th~s the day of _, 2000
"CITY"
CITY OF DENTON, TEXAS
A Mummpal Corporation
By
Michael W Jez, City Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
THE LAW OFFICES OF JIM BOYLE
ATTEST
By
EXHIBIT "A"
Scope of Services
The Law Offices of Jim Boyle ("Consultant") shall provide professional legal and
legislative services, advice, and assistance to the City and 1ts etectnc utihty, Denton Municipal
Electric ("DME") in connection with transitional legislative activmes related to the restmctunng
of the electric unhty industry as a result of the enactment of Senate Bill 7 by the 76th Texas
Legislature, activities appropriate for preparation for the 77th Texas Legislature, as well as
related compliance and strategic planning issues Services to be provided by the Consultant
dunng the twelve (12) month term of tins Agreement shall reasonably include, without
hmltatlon
· Commencing, developing, and recommending preliminary leglsla.tlVe proposals of benefit to
the City and its electric utility, DME respecting the upcoming 77m Texas Legislature, during
the remmmng interim period preceding the commencement of the 77th Texas Legislature
· Commence and lead appropriate City Staffm the development of a Strategic Legislative Plan
for DME for the 77th Texas Legislature
· Coordinating the mteracuon and interface of City officials and legislative leaders
· Prepanng of issue papers and reports for legislators and staffwhere appropriate
· Worklag with the Texas Public Power Assocmtton (TPPA) to further City legislative
objeeuves and concerns respecting DME
· Working with the Texas Mumelpal League ("TML") to further City legislative objectives and
concerns VlS-&-VlS DME
· Communicating with key legislators and their staffs
· Enlisting reports and other documents for use with the Texas Mumclpal Power Agency
(TMPA)
· Assisting the Clty/DME re the development of strategies, as well as legal compliance and
other transitional issues imposed or brought about by SB 7
· Taking actions to prepare for a plan of defense to protect legislative gains achieved by DME
m the area of electric and dark fiber issues as a result of the 76th Texas Legislature
· Meeting from tame-to-tune w~th the Denton City Council and/or the Denton Public Utilities
Board in Denton, Texas, or elsewhere, to provide guidance and professional advice
· Maintaining effective lines of communication to the Clty regarding the status of legislative
issues pertinent to the aetlvmes of DME dunng the interim leglslattve period, especially
relating to the activities of any mtenm legislative committees and the pre-fihng of leglslauon
in the Fall of 2000
S \Our Documen~2on~act~00XJlm Boyle Pre 77th TX Leg~s Interim Pd 2000 PSA doc
~ Agenda Item, '.,,~ ~
AGENDA INFORMATION SHEET ~ ~
AGE~A DATE Augus~ 1, 2000
DEP~TMENT Legal Dep~ent
CM~CWACM Hcrbe~ L ProuW, C~ty A~o~cy
SUBJECT -A Resolutton of the Clty of Denton, Texas urging the Texas Legislature to support
changes m state law to create a depostt system for glass and plashc bottles, and promdmg for an
effecttve date
BACKGROUND - Attached ts the Fort Worth Ctty Counml's resoluhon, whmh was adopted
by the Texas Mtmm~pal League at tts annual conference supporhng changes m state law to create
a depostt system for glass and plastm bottles In fiscal year 1999, Texas spent $20,162,000
p~cktng up htter Wtth a state populahon of approximately 20 million and the average
consumptmn of 620 beverages in no-return contamers per person each year, thru ts a problem that
translates into 12 4 bdhon containers wtth decomposition hfe cycles of over 400 years In states
where such beverage containers were g~ven a refund value, recychng rates increased
dramatmally and litter volume was reduced
A deposit system concentrated on glass and plastic beverage contmners would create the needed
value for these ttems to assure that they w~ll be ptcked up or no longer discarded on c~t~es' rights
of ways Depostt bdl legtslat~on, aimed at those beverage containers that have long decay and
decompomtton hfe cycles, would require a depostt on glass and plastm beverage contatners such
as beer, soft dnnks, and new aged dnnks Attached are legtslatlve talking points
ADDITIONAL CONSIDERATIONS AND RECOMMENDATION - Your options are to
approve thts resolutton, approve the resolutmn with rewslons, or not approve the resolution
Respectfully submitted,
Herbert L Prouty
C~ty Attomey
Resolution
NO ,::::O~'~ 0
URGING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT CHANGES IN
STATE LA'vV TO CREATE A DEPOSIT SYSTEM FOR GLASS AND PLASTIC
BOTTLES
WHEREAS, discarded glass and plastic bottles In vacant lots and along c~ty
rights of way causes cities to expend additional revenue to remove the litter, and
WHEREAS, in addition to the litter created by discarded glass and plastic bottles,
cities w~th a population of 100,000 or more that are required to have a National Pollutant
Discharge Elimination Permit issued by the EPA must momtor and reduce floatables ~n
sto~ water, and
WHE~AS, cities conduct clean-ups at d~ffcrent t~mes of the year, but the
problem of glass and plastic bottles persists, httenng vacant lots and c~ty rights of way
and ~nterfenng with a c~ty's sto~ water system
WHE~AS, Iowa and Ma~ne have ~mplemented a glass and plastm bottle deposit
system and have reduced httermg
NOW THE~FO~, BE IT ~SOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH,
That the City of Fo~ Wo~h urges the Texas Mumcipal League to suppoa the
estabhs~ent of a state wide deposit system for glass and plastic bottles
Adopted th~s 28th day of September, 1999
pRO EO
COUNCIL
Oil ~e~Y oI
Why We Propose Deposit Legislation
· L~tter costs money, destloys property values, causes destruction and ~njury
· Stepped up enforcement is not the answer- htter abatement cannot be a priority of
law enforcement
· There Is a need to create ~ncent~ves for voluntary return of used bottles (helps to
solve the 32/40 oz beer htter problem as well as other glass and plastic bottle htter)
· Deposit legislation ~s working ~n other states
Bottle Deposit Legislation Works
· In Oregon, litter from beverage containers has dropped by 83% - from 40% of
roadside htter to only 4% within 15 years
· In the last 25 years, Oregon return rates for beverage containers have exceeded
90%
· In M~ch~gan, roadside htter was reduced 41% one year after bottle b~ll enactment
· Iowa's Department of Transportabon found a 77% decrease In beverage container
htter and a 38% reduction ~n total htter ~n 1979 and 1980, Costs decreased as Iowa
spent 73% less m 1983 than ~n 1977 on htter cleanup
· Cahfemla uses redemption centers- 1,100 grocery store recychng centers carry the
load for all 40,000 locations selhng beer or carbonated dnnks
· The recychng rate for beverage containers doubled m Cahforma from 35+% to
75 6%
· A Massachusetts Pubhc Interest Research Group commissioned a study that
showed an expanded bottle bdl ~n that state would reduce pubhc health costs
resulting from cuts on broken glass by over $1 1 mdhon
· Of the ten states w~th bottle deposit bdls combined, population of approximately 77
m~lh0n, 1 6 mdhon tons of beverage containers were recycled compared to the
remaining 40 states combined, population of approximately 186 mdhon, who
recybled only 1 3 mdhon tons of beverage containers ~n 1995
RESOLUTION NO
A RESOLUTION OF THE CITY OF DENTON, TEXAS URGING THE TEXAS
LEGISLATURE TO SUPPORT CHANGES IN STATE LAW TO CREATE A DEPOSIT
SYSTEM FOR GLASS AND PLASTIC BOTTLES, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, dlscarded glass and plastic bottles ~n vacant lots and along c~ty nghts of way
causes cities to expend additional revenue to remove the htter, and
WHEREAS, m addition to the htter created by d~scarded glass and plastm bottles, reties
w~th a population of less than 100,000 or more that will be required to have a National Pollutant
Dmcharge Ehmmation Permit msued by the EPA to momtor and reduce floatables ~n storm
water, and
WHEREAS, c~ties conduct clean-ups at different t~mes of the year, but the problem of
glass and plastic bottles persists, httenng vacant lots and c~ty rights of way and mterfenng w~th
the mty's storm water system, and
WHEREAS, Iowa and Maine have implemented a glass and plastm bottle deposit system
and have reduced httenng, and
WHEREAS, the Texas Mummpal League adopted Fort Worth's resolution to support the
estabhshment of a state w~de deposit system for glass and plastm bottles, and
WHEREAS, the C~ty Council of the C~ty of Denton desires to adopt a resolution to urge
the Texas Legislature to support changes m state law to create a deposit system for glass and
plastic bottles NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION 1 That the C~ty of Denton desires to help Ft Worth ~n ~ts effort to support a
legtslativ, change for a state wide deposit system for glass and plastic bottles
SECTION 2 That thru resolution shall become effective ~mmed~ately upon ~ts passage
and approval
PASSED AND APPROVED th~s the day of ,2000
EULINEBROCK, MAYOR
S \Our DocumentshResolut~ons\00\plastlc bottle resolution doc
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AoendaNo ?,
AGENDA INFORMATION SHEET Agendaltsm . ~rl
AGENDA DATE. August 1, 2000 Oato ~ll[
DEPARTMENT CaW Manager's Office
CM Make Jez
SUBJECT
Consider nominations/appointments to the City's Boards and Commissions
BACKGROUND
Each CaW Council Member as responsible for makang nomlnataons for board and commasslon places
assigned to ham or her Inthvadual City Council Members will make nomanatlons to the full City Cotmcfl
for the Council's approval or dasapproval at the next regular scheduled meetang
Council Members making nommatmns for members to the boards and commissions wall consider
interested persons on a cltyw~de basis The City Council wall make an effort to be inclusive of all
segments of the commumty in the board and commlssaon appointment process City Council Members
will consider ethnlclty, gender, soclo-economlc levels, and other factors to ensure a diverse representatmn
of Denton citizens The City Council will take into conslderataon an individual's qualifications,
wflhngness to serve, and apphcatlon information an selectang nomlnataons for membership to each board
and commission
In an effort to ensure maximum citizen participation, Caty Council Members wall continue the general
practme of nom~natang new citizens to replace board members who have served three consecutive, full
terms on the same board
In addition to the above yearly process, the Hlstonc Landmark Commlssaon has a vacancy due to the
resignation ofKaren Abemathy (Council Member Young's nomanatlon)
PRIOR ACTION
Council members made nominations to the various boards/commissions at ats meeting of July 27th and
approved those nominations on July 25th Nominations made at thc July 25th meetang were voted on at
that meetang A last of the vacancies still exlstang as attached
R?,st~ectfully submltt~ed ]
(Caty Secretary
BOARDS/COMMISSION NOMINATIONS
D~st Current Member Nomination Term Council
7 Terry Garland Terry Garland 1998-00 Brock
A or)ved 6/27
4 Joe Roy Joe Roy 1998-00 Knstoferson
Annroved 6/27
5 Ronald Keaton Ronald Keaton 1998-00 Beasley
Appmyed 6/27
DlstCurrent Member Nomination Term Council
5 L~sa Zottarelh L~sa Zottarelh 1998-00 Beasley
Approved 6/27
6 Harnet Aronson Hamet Aronson 1998-00 Burroughs
Approved 7/25
RD OF ADJUSTMENT
D~st Current Member Nomination Term Council
5 Bob Manmng Bob Manning 1998-00 Beasley
Approved 6/27
2 Robyn Mullendore Robyn Mullendore 1998-00 Durrance
Approved 6/27
D~st Current Member Nonunat~on Term Council
6 Barbara Stlrmett Barbara Stmnett 1998-00 Burroughs
Approved 6/27
7 Jean Ellen Rogers Jorge Urblna 1998-00 Brock
Approved 7/25
3 Sondra Ferstl Sondra Ferstl 1998-00 Coehran
Approved 6/27
5 Ann Hatch Edward Touralne 1998-00 Beasley
Approved 7/25
?RUCTION ADVISORY & APPEALS BOARD
D~st Specmllty Current Member Nommat~on Term Council
2 Assocmted w~th Henry Pdfe Henry Pdfe 1999-00 Durrance
construction, Approved 6/27
development or real
estate
4 Architect or Alan Nelson Alan Nelson 1999-00 Knstofcrson
Engmeer Approved 6/27
)N HOUSING AUTHOR
Seat Current Member Nomination Term
7 Ray Bejarano Ray Bejarano 1998-00 Brock
Approved 6/27
7 Bob Crouch Ball G~ese 1998-00 Brock
Approved 7/25
HISTORIC LANDMARK COiV MISSION
D~st Current Member Nomination Term Councd
3 Mark Sandel Mark Sandel 1998-00 Cochran
Approved 6/27
7 Peggy Norton Peggy Norton 1998-00 Brock
Approved 6/27
2 J~m Klrkpatnck Rod Reeves 1998-00 Durrance
Approved 7/25
D~st Current Member Nonunat~on Term Councd
6 Ten Rheault Ten Rheault 1998-00 Burroughs
Approved 7/25
7 Carol Brantley Carol Brantley 1998-00 Brock
Approved 7/25
4 Wallace Duvall Wallace Duvall 1998-00 Knstoferson
Approved 6/27
2
Dlst Current Member NonunaUon Term Council
7 Teresa Starrett Teresa Starrett 1998-00 Brock
Approved 6/27
3 Eva Cadwallader Eva Cadwallader 1998-00 Cochran
Approved 6/27
',I~1~ f~/'~ '!i~ I9~8-00: Krf~t~eraon
PARK AND RECREATION BOARD
Dlst Current Member Nomination Term Council
3 Dale Yeatts Dale Yeatts 1998-00 Cochran
Approved 6/27
2 Brandon Bames Brandon Barnes 1998-00 Durrance
Approved 7/25
4 Brenda Phllhps Brenda Pbalhps 1998-00 Knstoferson
ADoroved 6/27
...... 4ING AND ZONING COMMISSION
DlSt Current Member Nomination Term Council
3 Salty Pdshel Salty Rlshel 1998-00 Cochran
Approved 7/25
5 Jim Engelbrecht Vlck~ Holt 1998-00 Beasley
Approved 7/25
6 Perry McNelll Perry McNelll 1998-00 Burroughs
Approved 7/25
Nomination Term Council
_.~'IPA BOARD OF DIRECTORS
Seat Current Member Nomination Term
0 George Hopkans George Hopkins 1998-00 ALL
Approved 6/27
TI 'a~I~FIC SAFETY COMMISSION
I)1st Current Member Nomination Term Council
6 Greg Sawko Greg Sawko 1998-00 Burroughs
Approved 6/27
1 Fred Hill Fred Hill 1998-00 Young
Approved 7/25
2 Barry Walters Barry Walters 1998-00 Durrance
Approved 6/27
3 Sflwa Lesko Sflvla Lesko 1998-00 Cochran
Approved 6/27
4
City Council Presentations by
Robert S Hughes, Jr
310 Stroud St
Denton, Texas 76201
Barbara Harris
309 Stroud St
Denton, Texas 76201
W~lham Reid
225 Sycamore St
Denton, Texas 76201
Presented on August 1, 2000
Robert Hughes
City Cpuncflpersons, Mayor Brock, and Residents, my name is Robert Hughes I live at
310 Stroud St, just a few blocks from the square, and am the chairman of what we call
the "Southwest Square Neighborhood Association" Our neighborhood association
represents the concerns of the residents and businesses in the area between Sycamore,
Carroll, Elm Streets and Eagle Avenue We are currently cons~denng a small area plan
for flus section of town This is one of Denton's oldest intact neighborhoods The reason
that we have become organized as a neighborhood is a direct result of the Pecan Creek
Drmnage project There is a high level of concern about the current plan, as it will not
only affect the quality of life in our neighborhood by limiting pedestrian and auto access
to downtown, but it also calls for the removal of several historical homes, leaving empty
lots throughout The creek structure itself is not only beautiful, but it also has historical
value
We are here tonight because right now, our neighborhood is still intact One month from
now, it may not be We would like to head offthis tragedy before it is too late
Tonight I would like to discuss the existing Pecan Creek Master Plan, I would hke to
outline some of the drawbacks and hurdles to implementing tlus plan, and I would like to
suggest alternatives to the plan that might preserve the character and charm of our
neighborhood
(Show viewgraph of existing plan)
When we became aware of the Pecan Creek plan, quite by accident last year, we
immediately went to view the plan The plan calls for strmghtemng and widemng the
existing stone channel, winch was bruit m the 1930's as a part of Roosevelt's WPA
program The channel, which is currently 10-12 feet wide,
(Show photo of existing channel)
is to be expanded to a 35 foot concrete drmnage ditch, which will be similar, we believe
to th~ ditches near Calhoun middle school or possibly like the ditches downstream that
have already been expanded
(Show photos of new channels)
I would now like to outline exactly why we should step back and study this plan
before moving forward.
11. Homes have to be moved or destroyed in order to proceed w~th flus expansion
' These homes (one ofwluch is a Selby home) are almost 100 years old and serve
as fine examples in our neighborhood
2 This plan will result in the tenmnation (Dead Ending) of Stroud St between
Pierce and Elm I believe that there has been no evaluation of traffic, pedestrian
or otherwise, on Stroud St, but residents use this street hundreds of times daily,
not only to drive to work and shop, but to walk to the central business district
My family is able to walk to church every Sunday acioss the bridge that is to be
removed under flus plan We are fortunate to have pedestrian access to the
Square, and this plan would severely limit that access
3 Careful examination of the plan and companng it to the actual position of the
structures and property lines involved has revealed that the removal of as many as
five more homes and possibly one business would be necessary to successfully
complete the plan
(Show viewgraph of property lines along the creek with expansion superimposed
over the property lines)
At the very least, property settlements will need to be made on seven to nine
separate pieces of property between Sycamore and Ehn Street alone Tins does
not include the property that will need to be acquired as a necessity of the
eonstrucUon process, for access for earth-movers, tra~tois, concrete trucks, ere
4 This plan would call for the removal of nearly 100 trees along the existing creek,
severely damaging the quality ofhfe of the residents and home-owners that live
along flus channel
(Show vlewgraphs of the Creek)
Residents do watch these city council meetings regularly I know that the
removal of trees and the preservation of the q~llty ol hie are big concerns for the
city While these issues may not concern the city drainage and engineering
department as much, they are of the utmost of concern to the residents
As residents we firmly beheve that something needs to be done to improve the drainage
situation in our neighborhood What can we do that will accommodate the expansion of
the city of Denton upstream, without sacrificing the homes that were here first? We have
suggested alternatives to the engmeenng department, but we have gotten little more than
a polite brush off This is why we are cormng d~rectly to you
Therelis a poss~bthty for handling the increased flow that occurs as a result of natural city
growth, but would not be at the expense of historic nexghburhoods, homes, and
businesses This would be to extend the drainage ditch under Sycamore Street to Elm
Street, There are already plans to btuld flus drasnage system underneath Mulberry and
Panhandle Streets, so we know ~t can be done
(Show viewgraph of suggested plan)
At Elm, the dttch could take a gentle southward bend through the already empty lots
between Elm and Locust Streets At thts point, the drmnage could run dtrectly down
Locust St to join up with the extstmg channel The extsttng Pecan Creek channel could
remain m place to handle the drainage generated between the deviatton at Sycamore
Street and the point where the new channel would meet the extsting one
The last point that I would hke to make ts m regard to the ume scale of the project tn
relation to the removal of these homes We have been repeatedly told that this project ts
"years away" We have gottan estunates of anywhere fronl five to ten years before the
project ts started, if it even goes through at all Why was it necessary to purchase these
houses now? What is the point m dtmimslung the quality ofhfe of residants that wall
now be next to empty lots? If ttus project does not proceed, and the removal of these
homes was unnecessary, tt w~ll be truly a travesty, and a tragedy
In closing, just let me say that the existing plan was created by drmnage engineers to b~
the cheapest way to faeihtate drainage tn the city We are coming to you to in hopes that
you wtll look at all the human parameters involved m thts project We are relying on you
to engineer thc lifestyle of our city
I would hke to request that the text of my speech be included as part of the pubhc record
Wdham Re~d
City Councllpersons, Mayor Brock, and Residents, lny name is William Reid I live at
225 West Sycamore Street
I am here tomght because I would like to find out what is going on in my own back yard
I would like to begin by detailing the way that the other residents of my neighborhood
and I came to find out about this Pecan Creek expansion Last fall, t called the City of
Denton to report on a tree that was a potential source of damage to the Instonc old stone
lined ditch in my back yard, After many calls, I reached a city engineer in the city
drmnage department, who smd that "this is our problem, but we'll have to cut these trees
down anyway when we widen the creek"
I was referred to Mr Wdhamson, the city's right of way agent, who told me that "We
have a deadline to spend a FEMA grant, and we are going to buy up some of the homes
m your neighborhood to widen this creek" I immediately called my neighbors and told
them about this This is obviously a large and unsettling thing to simply "stumble across"
by malang a simple mmntenance call to the city We might be loosing neighborhood
homes
And so the "Southwest Square Neighborhood Association" was formed
In an initial meeting vath our Right of Way agent, it was understood that this plan was at
least five years from execution, and even if the city did buy the homes that they had
planned to, they could simply rent these homes back to the homeowners until the project
was moved forward We found out later that this was not uue, but m fact that the homes
had to be removed by September 2000 in order to be in compliance with the FEMA
grant Shortly after learning this, we found out that the lot belonging to the historic turn
of the century home at 301 W Sycamore was sold
We have made every attempt to pursue the proper avenues lot avoiding what we think is
an ill thought-out plan of action No information has been forthcoming, some of the
information that we have gotten from the city has been misleading, and some of the
information that we have gotten is just piton wrong
We held our first neighborhood meeting on February 3ra of this year, with 11
neighborhood homeowners present We have had several meetings vath city engmeers,
officials, and council members to express our concerns and emphasize that there were
possible alternatives to this devastating plan
A letter was sent to the Mayor, all of the Council Members, and key engineers on March
~th of this year to emphasize our concern and to ask for a halt in thc purchase of homes
The pomt of tins letter was to show that this plan has not been well thought out, and the
city doesn't need to be just buying up homes without studying the impact oftbese
purchases on the ne~ghborbood and the local economy Several weeks ago, we found out
that the land under the lustonc Selby home at 300 Stroud St was purchased, and that flus
home would have to be moved This had happened despite our pleas and letters to the
city officials to review the plan before proce,,dmg
Now I would like to discuss the real drainage problem in my neighborhood The
problems that we have all heard so much about do not come tiom an overflowing creek,
but from poor drainage in the streets The reason the homeowner on Sycamore Street
sold his home was because the water m the street backed up, spilled over the curb and
through las yard, where it was dumped mto the creek The same thing happens at my
property Water stands m the street nearly a foot deep, leaving watermarks along the
foundation of my house, while the creek has as little as a few inches of water in it With
better ntmntenance and the addition of wide storm drmns, this problem is well on it's way
to being solved The other half of the solution is mmntenaucc As it stands now, every
time it rams, I have to go and clean out the drmns so that the water wall dram away from
my property
Another concern that we have is the financial effect that this will have on us First, by
purchasing these properties at an artificially tugh level, this will likely make the taxes that
my neighbors and I pay on our homes increase On the other hand, we wall soon be living
next to empty, ugly lots
This will surely reduce the value of all of our homes So my taxes go up, but the amount
that I can get for my home goes down
The property that my wife and I have purchased at 225 West Sycamore Street is an old
home, which has been up until recently either a rental propcrty or abandoned We are
puttmg~t~me, money and effort into mal~ng our home a woithy representaUve of our
neighborhood I have plans for a new roof, a new driveway, nice landscaping, and
possibly a deck But I can't afford to throw my money around hke the city of Denton,
especially lfI don't even know whether or not I'm going to have a back yard m a few
years If this plan continues, it wall probably envelop my home and my money and my
time In buying these homes, the city has a moral obligation to let me know if my
property is in danger I do not appreciate finding out about this plan by accident, and
then having to pry information out of the city At the same time, if our city plannem can
see the value in our neighborhood, and are wflhng to look at alternate solutions, the city
has an obhgataon to lay to preserve the ~ntegnty of our neighborhood
I would like to request that the text of my speech be included as part of the pubhc record
Barbara Harris
I would like to thank the city council for taking the time to hear us My uame is Barbara
Harris, and I have lived on Stroud Street for over twenty five years I have owned my
own home since 1982
Tonight I would like to tell you about the resurgence in our neighborhood, explain to you
why I flunk flint fiats Pecan Creek Expansion would be a detc~ent to investment m the
down-town neighborhoods
When I first rented on Stroud Street, 25 years ago, there were only two to three
homeowners in the neighborhood The rest were all college renters Over the last few
years, I have notmed more people, especially young families, buying homes ~n our
neighborhood Stmud Street lms improved greatly over the years, with homeowners
taking pride in their property As a result, property values are going up
Th~s neighborhood has been a candidate for historical zomng lor some time, and many
older homes in tills neighborhood are being renovated and maintained By my count,
then: are three homes on Sycamore, five homes on Stroud, and four homes on prmne that
have all been improved over the last several years Some of these homes are approaching
100 years old
We hve in a thriving commumty, an area that is growing and developing in a posltave
way Money is being brought in, not only by these proud, new citizens, but also by the
thnwng downtown area that we are privileged to live next to The Sweetwater, the
Texlcan Grill, Dan's Bar, and Mercado Juarez are all supported by local, in many cases
pedestrian, business
More important than this, we are developing a strong sense el community in our
neighborhood It is our behef that it Is the attitude, strength, productivity, and quality of
life of local neighborhoods that creates a positive environment for our homes and
families Tlus attitude empowers our educational system through property taxes Tlus
attitude creates a desire to improve our streets and sidewalks This atutude supports our
local law enforcement This attitude invigorates us and makes us proud to call Denton
our home
(The following is adapted from a quote from the Denton County Chamber el Commerce
Web Site )
As citizens, we show our pride through participation in community actlvlties, like the
concerts series on the square and the Denton Arts and Jazz Fest We show our strength
by bec0nung revolved in local pohlaes and elections We improve our quality of life by
becoming members of service orgamzataons anti churches Parheulafly, we share our
positive attitude with each other as we eagerly encourage the continued growth and
prosperity of our Denton commumty We are fortunate in that we can do most of these
thmgs without driving
It is especially ironic that one of the issues that has galvanized our community is our
concern about the effeet of this Pecan Creek expansion on our neighborhood
I lived m New York growing up, and I noticed as I became older that areas in the tuner
city that were once nice were being sacrificed at the expense of the newer areas that were
being developed The city never considered the people that had spent their lives m these
areas, but instead concentrated on enticing others to move to newer areas This is what is
happemng to our neighborhood The city is not utilizing what it has here Instead, we are
loolang at a situation where it seems more useful for us to uproot citizens who have given
the majority of their lives to Denton, by working in and supporting the commumty We
are looking at a situation where it seems more useful to rip out hundred year old homes
and lustoncal structures, so that we can dead end a street and put in a concrete drainage
ditch
Here are some specific reasons why I believe that this Pecan Creek Expansion will have a
negative effect on our local economy
The city engineers have told us that the construction of this ditch will create "green
space" Unfortunately, this green space will be created at the expense of nearly I00 trees
As residents, we have no idea what to expect In the course of researching this project,
we became aware ora gentleman on Alice Street who is in the same situation that I will
be in This gentleman went away on vacation one week, and when he returned, the city
had dead ended the street next to bas home, tom up the asphalt, and put up a bamer He
was told that the city intended to create a "greanspace" by planting grass where the
asphalt had been This is what is next to his home several years later
(Ahce~Street pictures)
The city has promised that they will maintain the areas that are improved in our
neighborhood, but I am unconvinced I have requested tot many years to have a street
sweeper to come by and do the roads, but I have never seen one come in my 25 years on
flus street I have a friend in a more affluent part of town that sees street sweepers
regularly It is also apparent that the city is not interested in mamtmnmg the appearance
oftbe ditches that they have already expanded both upstream mid downstream from our
neighborhood
(Show graffiti and overgrown ditch pictures)
I would like to close my comments by telling you aborn something that I saw last week I
work at Denton Regional Medical Center, and I drove by the big City of Denton event
billboard that dommates a stretch of I-3 5 Tbe billboard smd "Visit Denton's lustonc
downtown square" You, as our city planners, must ask yourselves' What kind of
neighborhood do you want to butt up against the downtown that you are working so hard
to support and have spent so much to improve? The about of money and effort that is put
~nto this neighborhood will be directly affected by how much support we feel from our
city officials
I would hke to request that the text of my sI~eech be included as part of the pubhc record
Southwest Square Neighborhood Association Pecan
Creek Drainage Proposition
Prepared August 1st
by
Robert S Hughes, Jr
310 Stroud St
Demon, Texas 76201
The following plots depict the Pecan Creek Expansion between Sycamore and Locust
Streets The blue lines outline the proposed Pecan Creek Expansion The Green hnes
outline our suggested drmnage route The structures in black are the current homes and
structures scheduled for removal The structures m red lie w~ttun 15 feet (in some cases
as few as 6 feet) from the ex~stmg Pecan Creek structure and are in danger of being
compromised or removed when the actual eonstrucuon begins
city that were o~cc race were being sacrificed at thc expense oi the newer areas ~at were
being developed The city never considered the people that had spent their hves m these
areas, but instead concentrated on enticing others to move to newer areas This is what is
happemng to our neighborhood The city ~s not utlhzmg what xt has here Instead, we are
looking at a situat~on where it seems more useful for us to uproot citizens who have given
the majority ofthexr lives to Denton, by working ~n and supporting the commumty We
are looking at a situation where ~t seems more useful to rip out hundred year old homes
and bastorical structures, so that we can dead end a street and put m a concrete drainage
ditch
Here are some specific reasons why I believe that this Pecan Creek Expansion will have a
negative effect on our local economy
The city engineers have told us that the construction of this ditch will create "green
space" Unfortunately, this green space will be created at the expense of nearly I00 trees
As residents, we have no idea what to expect In the course of researebang this project,
we became aware ora gentleman on Alice Street who is in the same situation that I w~ll
be m Tbas gentleman went away on vacation one week, and when he returned, the city
had dead ended the street next to bas home, torn up the asphalt, and put up a hamer He
was told that the city intended to create a "greenspaee" by planting grass where the
asphalt had been This is what is next to his home several years later
(Ahce~Street pictures)
The city has promised that they will mmntmn the areas that are improved in our
neighborhood, but I am unconvinced I have requested tor many years to have a street
sweeper to come by and do the roads, but I have never seen one come m my 25 years on
tbas street I have a friend m a more affluent part of town that sees street sweepers
regularly It Is also apparent that the city is not interested in mamtmmng the appearance
of the ditches that they have already expanded both upstream mid downstream from our
neighborhood
(Show graffiti and overgrown ditch pictures)
I would hke to close my comments by telling you abou~ something that I saw last week I
work at Denton Regional Medical Center, and I drove [~y the big City of Denton event
blllbonrd that dommatas a stretch of I-35 The ballboard smd "Visit Denton's bastonc
downtown square" You, as our city planners, must ask yourselves' What l~nd of
neighborhood do you want to butt up against the downtown that you are working so hard
to support and have spent so much to improve? The about of money and effort that is put
We feel that the mty would be better served by tmplementtng an alternate drarnage plan
between Sycamore and Locust Streets What follows ~s a proposal that would tncrease
the amount of water that thts drmnage system could handle, tmprove local dratnage to
prevent street floodmg, and preserve the integrity and charm of downtown Denton
One of the key concerns that c~ty dramage engtneers have expressed ts the fact
that "Flowtng water does not hke to change d~rectton" Thts was tmttally gtven as the
reason why the alternate plan that we have tried to propose wall not work It ts evtdent
that tn our proposal, there ts a much less torturous route for the flow of water to follow,
ehmmattng as many as three changes tn flow dtrectton
Another of the concerns that the dramage department has expressed ts that
devtatmn from the floodway wall result tn water overflowmg the banks of the drmnage
system It ~s my understandmg that the floodway ts determtned by the topography of the
landscape As you can see from the Pecan Creek working plan, the terrmn through whtch
our proposed drmnage system passes xndtcates that the dttch would need to go a mere two
feet deeper to preserve the downward flow of the water I have confidence in the reties
dratnage and engtneenng department that tf th~s plan were adopted, tt could be easdy and
economically achieved Thts could even prove to be a more economtcal solutton when
the cost and ttme required to settle all the property tssues reqmred by the city's plan are
constdered
The human parameters of the Pecan Creek Drmnage Plan were not taken tnto
cons~deratton when th~s plan was approved Our proposal wtll preserve three to seven
homes ~n our netghborhood, and ehm~nate further property settlements on any of the
properttes between Sycamore and Elm In contrast, our proposal mtght reqmre the
ehm~nat~on of one small (-300 sf) metal burl&ng w~th no htstoncal value In add~tton to
the homes, the plan proposed herem would reqmre the removal of no trees Our proposed
drainage route would pass through what ts now empty lots and unused parktng lots
The current drainage pattern ~s a problem for the bustness on Elm Street,
particularly between Sycamore and Stroud Streets All of the water that falls from the
Square to the extsttng Pecan Creek channel flows dtrectly down Elm Street, where tt
gathers tn the low spots between Sycamore and Pralrte Streets The placement of the
dratnage channel underneath Sycamore Street would allow all of the runoff from the
Square to empty mto the channel before tt gets to the bustnesses downhdl from the
Square Th~s would ehm~nate the flooding problems that are common on Elm Street
between Sycamore and the ex~smg Pecan Creek structure
The detarls of our proposed dratnage structure are as follows
Four 6'x6' boxes wall be used to channel the water down West Sycamore Street to the
East side of Elm Street The assumptton that a channel w~th thts cross sectton wtll handle
the flow at thts pomt ts justffied by the extsttng pecan creek master plan, where a stmdar
set of boxes ts proposed for use to cross Elm Street several hundred yards downstream
A dttch up to 50' wtde could be bmlt tn the properttes between Elm and Sycamore
Streets The reason for the ~ncreased wldth of the dttch ~s to accommodate the extra 2"3'
depth that would be requrred to mmntarn a downward flow at this point Ftnally, four
7'x5' boxes would be used to carry the flow down Sycamore Street to combine w~th the
ex~stmg d~tch The original Pecan Creek structure could remmn ~n place, possibly w~th
safer, ~mproved pedestrian bridges and a h~stormal marker at the Stroud St crossing By
keeping old structure, the drmnage needs of the residents between Sycamore and Prame
Streets are met
LZ-]
///
,. -_c- ---- ,,
,lo
/~--~ ~ ~
__
PANEL 7: UL~UA~ DEVELOPMENT FLOODPLAIN
DATE ~
DEC. 1996
6-27-00
Speaking on behalf of the people who live on the 2200 block of
Mercede$ Street, I would like to thank you for toklng the time to hear
our report. We would also like to thank those city employees who have
been pursuing this matter for us and who have asslstod us In our effort
to bring this matter to you today.
We request that an ordinance be passed to limit the maximum number
of pets allowed per household, based on the examples of other cities
who have already done so.
Our complaint ties with an Individual In our neighborhood who has been
abusing the current laws (or lack thereof) for some time. The city has
already tried to take this person to court for running an Illegal kennel In
a residential district. Apparently, however, a very serious "typing
error" made by a court clerk caused the case to be dismissed entirely.
The olty's own Investigation of this Individual's home revealed that she
was keeping thirty dogs, many cats, large birds, and probably other
animals as well. They made her get rid of all the dogs she did not have
registered In her name (not In her business' name) and prevented
animal control from allowing her to register more. They admit,
however, they have no way of Identifying which animals have been
registered. In other words, they can only count heads.
Having too many animals In a residence causes a big problem. If we
only count the animals she admits to having now, we have 13 dogs~ 8
cats, at least 3 large birds, and she still may have a very large guinea
pig cage. Four people share with these animals a t 200 square foot
house on roughly a sixth of an acre. The first problem I have with the
dogs Is the noise. It used to be that I could not walk around In my
kitchen without alarming the pack of dogs In her back yard. One day i
counted 18 at once all going wild because I walked around the side of
my own house. The second problem Is smell. With so many dogs,
there Is always a fresh pile. We have photos that undeniably prove a
smell problem. But there have been other animals as well. She has
kept a pot-bellied pig, a goat, a quacking duck, as well as a few smaller
animals considered wild. The third and the worst problem Is that
storing the massive amount of food necessary for all of these animals
In her open garage attracts rodents and other pests. There wes one
week that my cat managed to catch a mouse every night. The poison
used fo get rid of the mice and rats Is a threat to many other living
things as well, but what about the simple fact that rodents are well
known for carrying disease to humans and their pets. I have thought
about simply moving away, but until this problem Is solved, I believe
my house Is going to be a tough sell. Getting my property taxes
reduced was not a tough sell.
She has been unresponsive to her neighbors' requests to clean the
situation up, and In fact Is not on good terms with us. She has been In
a retaliatory mood, however, since the city has been Involved. In fact,
I would charactorlze her behavior as antagonistic. She also has
demonstrated a lack of accountoblllty with regard to her situation,
blaming the problem on her child and husband, or simply fergettlng
things, such as the fact that I have actually been bitten by one of her
"pets." She has demonstrated herself to be Incapable of keeping even
what few promises she has made, such as tying up certain dogs that
would lump over my fence. One dog In particular was a fence lumper
who was chasing an elderly lady one day, and would charge me every
time I turned my back. She admitted that she was keeping this dog for
an unnamed person who was currently overseas. If that Is not
kenneling, what Is? She also promised to keep the dog tied up et all
times. It was In my back yard the very next day. I personally have
serious questions about her good Intentions with regard to animals, as
well as her ability to tell the truth. The animals she keeps are not
treated like pots. How many people do you know have to keep their
dogs and cats constantly stacked In cages Inside their homes?
Furthermore, she has admitted to me before that she was bringing
animals home from the pound for the purpose of festering them to new
homes. I have been Informed that this pructlce has been ceased. I
be#eve that she Is still bringing animals home from somewhere outside
of Denton now, perhaps Carrollton. I see them transporting cages,
food, and other related Items every day.
What can be done about this? Well, we can continue to squabble with
our neighbor os we have been and hope to try and prove that there is a
noise and smell problem, or perhaps a public health hazard. This
means literally gathering evidence against her. Not a great way to
have harmony. What I have described above clearly shows this. The
present laws also create a problem for city officials In that they have e
hard time proving the dlfferonce between a kennel and a residence.
There Is another choice. We can set a standard like almost every other
city has done. We can set clear end reasonable limits which would
give o.r city officials the authority they need to step In when things get
out of hand. Such · law would also help prevent our city from being a
#dumping ground" for animals from other places. I have good reason to
believe that If nothing Is done now, this problem will continue to be out
of hand. Passing an ordinance will also prevent this particular
business from sprouting up again somewhere else In town.
We are happy to share with you any Information we have regarding this
matter, Including what the city officials have given us, as well as the
standards In other municipalities. We would ask you to consider
limiting the number of large pets per household to 4, on the lower side
of the average, as Denton Is becoming a large city. imatly, we ask that
you db not allow the ourront and present problems to be
"gron~lfothered." We ere asking for your help specifically to get rid of
the problems we already have. Your help Is slnceraly and greatly
appracleted.
Thank you very much for this time.
James Hlneman
City of Denton ~ 0 9 4 5
Code Enforcement
DIvision
Maintaining property values and aesthetically pleasing
neighborhoods m which to bye takes a great dear of effort
on the part of all the residents m Denton in an effort to
prevent neighborhood dechne, your C~ty Councrl has passed
ordinances that deal w~th vanous C~ty Code vrolabons
Please help our community stay clean and safe by correct-
~ng the observed wolat~on noted berow
^ddressof lolatlon
Scheduled for Remspectlon ~O?Oe/~¢ _
D W~ed8 and Grass Weeds and grass over 12
roches h~gh ~s a wolabon of the City Code
D Garbage, Trash and Rubbish Front and back
yards must be kept clean and free of lunk, trash and
debns Storage of ~tems should be screened from
pubhc v~ew
~ Junk Vehicles on Private Property Motor
vehicles that are moperabve and have expired license
plates or safety ~nspectlon stickers are in vloJatron of
C~ Codes Junk vehscles must be completely screened
from public wew
If you would hke to d~scuss an arrangement for comphance,
or have any quesbons, please contact the Code Enforce
ment Office at (940) 349-8532
Wb~ w~ / Ooo~ ~e~ date
2ndtnspecaon date Pictures taken - date
Cernfied letter date Certified mm.1 receipt returned Stgned [] Unmgned []
3rd tnspecaon date Pictures taken - date
Date Keported to Code Enforcement Manager ~0 ! ~. ~/6] ~ C~taUon msued
Afl Of Prob Cause filed ~Court heanng Court Decm~on
Contract Date .On-rote inspection of property w/contractor
P~ctures before abatement - date . P~ctures after abatement - date
L~en placed on property - date Compkance date
COMMENTS
AFFIDAVIT OF PROBABLE CAUSE
STATE OF TEXAS
COUNTY OF DENTON
Before me, the undersigned anthonty, on ttus day personally appeared the undersigned Affiant who, after
being duly sworn by me, on oath stated
My name is Ins Salmas and I am a Code Enforcement Officer for the City of Denton, Denton
County, Texas
I have good reason to believe and do believe that on or before the 20th day of October, 1999,
that David Stome, did then and there m the City of Denton, Denton County, Texas, commatted
the offense of operating an Animal Pound (Public or Private) m a Single Family (SF 7) zoning
district Section 35-77 of the Code of Ordinances prohlblts an ammal pound m a residential
district
Research of City tax records and customer serwce records indicate that Dawd Stome, hereafter
referred to as the Defendant, is the owner of the property located at 2206 Mercedes This
property has a legal descnptaon of Taylor Park Addlt~on, Block 7, Lot 2
~.ffiant's behefis based upon the following facts and mformat~on wtuch Affiant received from
(X) Affiant's personal mvesttgat~on of the alleged offense,
On October 13, 1999 the Code Enforcement Office received a complaint on the property located
at 2206 Mercedes Officer Salmas went to the property and found the property to be tn wolatlon
of Sec 35-77 of the zoning ordinance A picture was taken of a cage that was labeled"
Homeward Bound Animal Rescue" A door hanger was left on the door with a remspectaon date
of October 20, 1999
On October 14, 1999 the homeowner mqumned about the door hanger Donna Bateman
informed Mr Stome that animal pounds are prohibited in residential districts Ms Bateman
defined animal ound as temporary care unnl p~e~m~enent homes are found
house were their personal {logs
On October 16, 1999 Ehsha Callahan CMr Stomes w~fe) called Officer Sahnas regarding the
issue Ms Callahan stated that twelve of the dogs are her personal dogs Ms Callahan was
informed that she has untal November 16, 1999 to get nd of all animals that are not registered m
her name Un'al such time, a private pound continues to operate illegally
my belief from information specified above, and mformat~on collected by my own personal
st~gation, that the Defendant did the followang act, which constitutes the alleged offense
Wherefore, Affiant requests that a summons be issued for the above accused lndiwdual in
accordance with the law
Affiant
Subscribed and Sworn to before me on the day of ,1999
Mag~sa'ate, C~ty of Denton
Denton County, Texas
ANI1V._ALS § 6 27
,b, The c~ty manager shall serve as hearing officer at an appeal heartng and shall consider
e~tdence offered by any interested person The formal rules of evidence do not apply at an
,n the appeal hearing The hearsng officer shall make h~s decision on the bases of a preponderance of
the ex sdence presented at the hearing The heanng officer must render a dec:s~on vnthm th~:y
~ar or ,30, da~s after the request for an appeal heanng is filed The heann8 officer shall alrxrrn,
reverse or modxfy the actxon of the ammal control officer, and hm dec,stun m Final unless the
apphcant or permit bolder files a written request vnth the city secretary for a heanng before
earch the permx~ appeal board w~thm ten (10) days a/ret recexpt of notice of the actmn of the heartng
ming officer A wrttten request for a heanng before the pernut appeal board stays the actxon of the
~al ss hearing officer ~n revolung a permit until the appeal board renders a f'mal deculon
~ pro
;o an ~cl ~£ a request ~or an appeal heartng before the pernut appeal board ~s f'~ed wtthm the
tot of ten day period, the city council shall appoint three (3) c~ty councflmembers to serve as a permtt
appeal board and hear and cons~dar evidence offered by any interested person The formal
rules of evidence do not apply to an appeal heann~ before the permit appeal board The board
)ffice shall dec~de the appeal on the basts of a preponderance of the evidence presented at the
~elve hearing The board shall al'firm, reverse, or modzfy the action of the heanng officer by a
majorsty vote The result of an appeal hasting before the appeal board ts f'mal
~gle ~Code 1956, § 4-19 2, Ord No 89 11~, § II, 9 5-89)
Sec. 8 28. Animal noise, waste; keeping of bees.
It shall be unlawful for any person to knovnngly
~ 11Keep any ammal that unreasonably bark., howls, whtnes, crows or makes other
~ted unreasonable nmse common te ~ts speaes near a private resxdence so tha~ the rea
sonable use and enjoyment of such property xs chsturbed,
~21 Keep any ammal m such a manner as to endanger the pubhc health by the accumu
latton of orgamc body wastes,
13) Keep any an~mal wh~ch hab~tually deposits body wastes upon or destr°ys by chewmg'
scratchmg, d~ggmg or othervnee proper~ other than that of the owner of such anunal,
~41 Keep bees sn such a manner as to deny the reasonable use and enjoyment of acl]acent
. or property or endanger the personal health and welfare of the inhabitants of the ctty
xrn (Code 1966, § 4-20, Ord No 89-115, § II, 9-§ 89)
'he Cross reference-No~se generally, § 20-1
~ty
.he Sec 6 27. Prooedure for complaints of o..t....l~ m-m-g noise
rol
A report alleging a wolaUon of sectmn 6 28(1) must be w-atten and s~gned by a person who
by
If has personal knowledge of such wolatton and who can xdentdY the owner of the ~,~al or the
premises where the ammal ss located The s-,,~al control officer shall investigate the report
to determine whether probable cause emsts for the xssuance of a cttatmn However, udormal
399
DENTON CODE
§ 35-77
2520
Supp \o 5
.a .a .n (3 o o o
CiW of Denton
Animal Registration Ce~ificate
OWNER S NAME ~ ADDRESS P~INT WITH BALL POINT PEN OH
PREDOMINANT PRIME
SPECIES SEX AGE SIZE BREED COLORS
Camne Male ~ Neutered ~ 3 ruths to 12 ruths ~ Under 20 lbs ~ ....
NAME ~ ~ ('
DATE VACCINATED 1G VETERINARIAN ~ (~ ( ~ I
- III ~
~z
~ ~ II ~1
Oily o~
~nim~l ~i~tration
OWNER S NAME ~ ADDRESS PRINT WITH BALL POINT PEN OR ~PE
PREDOMINANT pRIME
SPECIES SEX AGE SIZE BREED COLORS
Canine Male ~ Neutered ~ 3ruths tol2mt~s ~ Under2OIbs~
Over 50 lbs
NAME
0 ~>
0~,
< >
--- ~ --'
~iW of
Animal Registration Ce~ificate
OWNER S NAME ~ ADORESS PRINT WITH BALL POINT PEN OR
p~EDOMINANT pRiME
~PEClE~ ~EX AGE SiZE B~EED COLORS
Ca~m~ Male ~Neu~r~d~ ~ ~m~ ~ 12 ~h~ ~ U.~r 20 ~b~
Feline ~ Female ~ Spayed ~ 12 ruths or older~ ~0 50 I~s
~.~_~_, ~ -'1,~t,,,, _~/,, I
c ~
o ~
0 ~
~iI~ of
~nim~l ~i~trat~on Co~ifmat~
OWNER S NAME ~ ADDRESS PRINT WITH BALL POINT PEN OR ~PE
-- PREDOMINANT PRI~E
SPECIES SEX AGE SIZE ~8REED COLORS
Canlne~ Male ~.Neutered~ 3ruth, to12mth, ~ Under2OIbs~]_~,_ ~: .
NAME
DATE VACCINATED , ~ 19 VETERINARIAN__r~ ~ ' ~ ~ ~
C~t¥ of Denton
Animal Registration Certificate
OWNER S NAME ~ AODRESS PRINT WITH BALL POINT PEN OR TYPE
SPECIES SEX AGE SIZE PREOOMINANT PRIM~
~ ~ BREED COLORS
Camne Male ~eutere 3 ruths to 12 ruths ~ Under 20 Ihs ~
NAME
DATE VACCINATED VETERINARIAN .~
Lecxa Callahan
2206 Mercedes
Denton Tx 76205
City of Denton
Code Enforcement
221 North Elm St
Denton Tx 76201
Dear Donna,
When I was ~n your office Friday, October 15, 1999, I verbally
requested a copy of my file (Thts request was dtrected at Ins Sahnas)
I was told that I could not have one
Consider th~s a written request, (under the d~rectmn of my attorney),
for a copy of smd file Tlus request comes under the Freedom of Information
Act
Thank-you for your prompt attention to thts matter
Lec~a Callahan
CC Mark W~nnubst, Attorney at Law
1100 Atrium II
1701 N Colhns Blvd
Pdchardson, Tx 75080
en~on Properties ht~p//www taxnetusa com/DENtDctad cfm
DENTON CAD Real Property Information
DENTON Account Number: R25248
Owner's Name STORRIE, DAVID
and Ma~lmg 2206 MERCEDES RD
Address
DENTON, TX 76205-5926
Location 2206 MERCEDES RD
Legal TAYLOR PARK ADDN, BLOCK 7, LOT 2
Descnpt~on
Taxing Ent~t~es Code Name 98 Tax Rate
G01 Denton County 248750
C05 Denton 508150
S05 Denton ISD 1 850000
N/A
N/A
N/A
N/A
Value information represents 99 Certified Values.
Information up to date as of 9/4/99.
PROPERTY VALUE INFORMATION
Exemptions HS Improvement Value SUBJ To HS $41,27~
Other Improvement Value SC
~reeze Amount
Year of Freeze Total Impmvment Value $41,2791
Number of Improvements1
Land Acres Land Market Value $11,562
~.G Productivity Value Land $0
Deed Date
Deed Volume 1467Total Market Value $52,841
Deed Page 43{~Total Assessed Value $52,8411
I
For more detailed information about this property, such as
improvement details, land details, improvement sketches, previous
year's values and sales information, sign up for our ~
Ryland Homes
Windsor Ridge Estates, Phase 1
COVERAGE APPEAL
HUGHES & LUCE 7520,
July 18, 2000
Writer s Direct Dial Number Other OIf~ces
Interact Address
214 939 5468 shuped~hughesluce eom
Denton City Council
215 E McYdnney St
Denton, Texas 76201
Re Windsor lhdge Estates (PD-86) - Coverage Appeal
Dear Members of the Council
I represent Ryland Homes m an appeal from Doug Powell's determination that a 35%
coverage applies to the 63 zero-lot-line (minimum 4,500 square foot) lots in the final platted
subdivision known as W~ndsor Pddge Estates, Phase 1 His determination is not based upon any
analysis of the most appropriate coverage for these lots, but rather on his oplmon that
Section 35-184 of the Denton C~ty Code leaves Inm no choice but to apply the same coverage
that apphes to the tory's most comparable zomng classification, SF-7 We beheve an SF-7
coverage xs not appropriate for 4,500 square foot lots, and, but for Mr Powell's ~nterpretatlon of
Section 35-184, we believe he agrees Consequently, Ryland is requesting a maximum coverage
of 45%, winch is consmtent w~th other metroplex crees (see my letter and attachments to
Mr Powell dated 5 31 2000) We understand it is also consistent with new design standards
being considered by the city
Ryland currently offers three single-story home products on the lots in questmn They
range in size from 1,192 to 1,439 square feet (with coverages from 36 3% to 41 0%) and are
priced from $95,990 - $103,990 In addmon, Ryland would hke to offer a 1,600 square foot
product w~th a 45% coverage All homes will be part of a private homeowner assoclatmn that
maintains entryways, perimeter fencing, and common area landscaping
The Ryland homes deliver quality, value, and affordablhty in a market that makes new
home ownership d~fficult, if not ~mpossthle, for many families These homes have an average
price-per-square-foot of $74 81, which is 25% higher than the adjacent subdaws~on to the west
(based on MLS data dated 7 6 00) Photographs of the Ryland homes, as well as the adjacent
subdivision, are provided for your information
A Registered L~rmted L~abd~ty Partnersh*p Including Professional Corporations
010132 00025 530821 02
HUGHES & LUCE, L L P
Denton C~ty Council
July 18, 2000
Page 2
In conclusion, we beheve the 45% coverage being requested is appropriate and
reasonable for the lot size m questmn Moreover, the homes that Ryland will bmld on these lots
will create a new community of Denton residents that deserve the oppormmty of home
ownerslup
Smcerely,
Dwight A Shupe
DAS db
Enclosures
cc John D Hutctunson
010132 00025 530821 02
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