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HomeMy WebLinkAboutSeptember 05, 2000 Agenda ~oendalte.m 5-- I CITY OF DENTON CITY COUNCIL 0ate September 5, 2000 After de~termlmng that a quorum is present and convening in an Open MeeUng, the City Council of the City of Denton, Texas will convene in a Closed Meeting on Tuesday, September 5, 2000 at 5 15 p m in the C~ty of Denton Council Work Session Room, Denton C~ty Hall, at 215 East MeKinney, Denton, Texas to consider specific ~tems when these items are listed below under the Closed Meeting section of this agenda When items for consideration are not hsted under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p r0 and will convene at the time hsted below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below 1 Closed Meeting 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 COMPI4IANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTEN~i' SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXASi GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECIJTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001, ET ~ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071- 551 0861 OF THE TEXAS OPEN MEETINGS ACT Regular,Meeting of the C~ty of Denton C~ty Council on Tuesday, September 5, 2000 at 6 00 p m in the ~ouncfl Chambers at City Hall, 215 E McKlnney Street, Denton, Texas at which the following items will be considered 1 Pledge of Allegiance U S Flag Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and ~ndimsible" 2 ',ons]der approval of the minutes of August 8, August 9, August 14, August 15, August 22, August 23, and August 29, 2000 PROClAMATIONS/PRESENTATIONS 3 ~eptember Yard of the Month Awards 4 l~roclamat~ons A Herbert L Prouty Day B National Sickle Cell Awareness Month & Sickle Cell D~sease Awareness Day C~ty of Denton C~ty Counml Agenda September 5, 2000 Page 2 NOISE EXCEPTION 5 Consider adoption of an ordmance of the C~ty of Denton, Texas, granting, pursuant to Section 20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas an excepuon to the hm~tat~ons ~mposed by that section vnth respect to hours of operation of an amphfied loudspeaker system, and prow&ng an effective date (Cowboys for Co& Rodeo) CITIZEN REPORT 6 Receive a report from Dess~e Ooodson regarding pubhc transportation and government records CONSENT AGENDA Each of these items ~s recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty Manager or his designee to implement each atem ~n accordance with the Staff recommendations The C~ty Counml has received background ~nformat~on and has had an opportunity to rinse questions regarding these ~tems prior to consideration L~sted below are b~ds, purchase orders, contracts, and other items to be approved for payment, under the Consent Agenda (Agenda Items 7-38) Th~s listing ~s prowded on the Consent ~Agenda to allow Council Members to d~scuss or w~thdraw an acm prior to approval of the Consent Agenda If no ~tems are pulled, Consent Agenda Items 7-38 below will be approved w~th one motion If ~tems are pulled for separate &scusslon, they wall be considered as the first ~tems under "Items for Indlwdual ConsaderaUon" 7 Consider approval of a tax refund to Roy J Roy The 1999 tax was paid twice, resulting ~n an overpayment 8 Consider approval of a tax refund to Cleopas Angaye The 1999 tax was prod twice, resulting in an overpayment 9 Consider approval of a tax refund to Title Resources for Wayne & Beverly Beeler The 1999 tax was prod twice, resulting m an overpayment 10 Consider adoption of an ordmance authorizing the execution of Change Order 2 to the contract for acqms~t~on, hcensure and mmntenance of computer, software and supporhng anfonnat~on of the Customer Information System (CIS) between the C~ty of Denton and Harris Computer Corporation, prow&ng for a change ~n the contract amount, and [rowdmg an effective date (RFSP 2102 - CIS Software awarded to Hams Computer orporat~on - Change Order 2 ~n the amount of $31,400) 11 Consider adoptmn of an ordmance accepting competitive bids and awar&ng a pubhc ~vorks contract for the construction of corrections for Western Pecan and Cooper Creek, prow&ng for the expen&ture of funds therefore, and provtdlng an effective date (B~d 2531 - Inflow/Infiltration Corrections for Western Pecan Creek and Cooper Creek awarded to Henderson Construction, LLP ~n the amount of $683,930) C~ty of Dgnton City Council Agenda September 5, 2000 Page 3 12 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of US H~ghway 377 - 20-tach waterline, providing for the expand~ture of funds therefore, and providing an effective date (Bid 2538 - US Highway 377 - 20 ~neh waterline awarded to Dlckerson Construction Co, Inc in the mount of $974,392 50) 13 This item has been pulled from consideration 14 Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 11 "F~re Prevention" of the Denton Code of Ordinances to provide for the collection of fees and cost recovery from non-residents of the C~ty of Denton for fire prevention and protection services and other public safety and emergency services rendered by the C~ty of Denton, providing a severablhty clause, and providing an effective date 15 Constder adoption of an ordinance accepting competitive bids and awarding a contract for non-resident fire service billing, providing for the expand~ture of funds therefore, and prowdlng an effective date (B~d 2544 - Non-Resident F~re Service Billing awarded to FIRE,Inc) 16 Consider adoption of an ordinance amending Ordinance No 2000-141 by cancehng the award of B~d 2480 to Patrick Brothers Pmntmg Contractors and ~n lieu thereof award the pubhc works contract for the pmntmg of fuel tanks at the Municipal Power Plant, Bid 2547 to A-Agape Contracting Inc m the amount of $74,369, and prowdmg an effective date (B~d 2547 - Pmntmg of Fuel Tanks, Generator Housing and Transformers awarded to A-Agape Contracting Inc m the amount of $74,369) 17 Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for the purchase of a Thermoplastic Apphcator and Premelter, prowd~ng for the expenditure of funds therefore, and prowdmg an effective date (B~d 2549 - Thermoplastic Apphcator and Premelter awarded to Centerhne Supply in the total amount of $28,000) 18 Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for the purchase of 138KV C~rcmt Breakers, prowdmg for the expenditure of funds therefore, and providing an effective date (B~d 2551 - 138KV C~rcmt Breakers awarded to Siemens Power Transmission and Distribution, Inc in the amount of $219,500) 19 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for multipurpose paper, prowd~ng for the expenditure of funds therefore, and providing an effective date (Bid 2553 - Multipurpose Paper awarded to Xerox Corporation in the annual estimated amount of $60,850) 20 Consider adoption of an ordinance awarding a contract for the purchase of an automated city watch comr~umty notification mbotmd/outbound system as approved by the State of Texas General Services Commission through a Qualified Information Services Vendor (QISV) Catalogue, providing for the expenditure of funds therefore, and providing an effective date (PO 07118 - AVTEX, Inc m the amount of $46,376) City of D~nton City Cotmcll Agenda September 5, 2000 Page 4 21 Consider adoption of an ordinance approving a third amendment to an agreement between the City of Denton and the Greater Denton Arts Council dated October 15, 1990, authorizing the City Manager, or his designee to execute an agreement approving the expenditure of funds therefore, and providing for an effective date 22 Consider adoption of an ordinance of the City of Deaton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law offices of Erich Birch, P C, for legal services pertmmng to representation of the City before the Texas Natural Resource Conservation Commission, in the areas of public utility regulatory law and administrative law, respecting the activities of Denton Municipal Electric, authorizing the expenditure of funds therefor, providing for retroactive effect of the agreement, and providing an effective date 23 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with Lloyd, Gossehnk, Blevms, Rochelle, Baldwin & Townsend, P C, for legal services pertaining to representation of the City before the Public Utilities Commission of Texas, in the areas of public utility regulatory law and administrative law, respecting the activities of Denton Mumelpal Electric, authorizing the expenditure of funds therefor, providing for retroactive effect of the agreement, and providing an effective date 24 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a third amendment to the professional services agreement for consulting services previously entered into by the City and R J Covington Consulting on January 5, 1999, and as previously amended by first amendment thereto on June 1, 1999, and as previously amended by second amendment thereto on October 19, 1999, and as amended for a third time by adding Task Order No 00-B thereto, which third amendment provides for additional electric industry professional consulting services relating to restructunng implementation, to be performed for Denton Municipal Electric, authorizing the expenditure of funds therefor, and providing an effective date 25 Consider adoption of an ordinance approving the renewal of a contract for health insurance originally awarded pursuant to Ordinance No 99-376 to Aetna U S Healthcare, with the renewal for the year 2001 being in the estimated amount of $4,183,822, authorizing the expenditure of funds therefore, and providing an effective date 26 Consider approval of a resolution of the City Council of Denton, Texas, approving the assignment by Nebng & Associates, Inc of a commercial operator lease executed September 24, 1996 to Nebng Properties, L P, and providing an effective date 27 Consider adoption of an ordinance of the C~ty of Denton, Texas approving and authorizing the City Manager to execute a professional services agreement with Alliance Area Surveying Corporation for land survey services for electric utilities, authorizing the expenditure of funds therefore, and providing an effective date 28 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a professional services agreement with John G City of De~nton Cay Council Agenda September 5, 2000 Page 5 H~rschy of John G Hlrschy & Associates of Dallas to prowde real property apprmsal services for the West Electric Transmission Line and Station ProJect, authorizing the expenditure of funds therefore, and providing an effective date 29 Consider adoption of an ordinance of the C~ty of Denton, Texas approving and authorlzmg the C~ty Manager to execute a professional services agreement w~th Surveyors and Engineers of North Texas, Inc dba Sentcorp for land survey services for Ray Roberts Water Line ProJect, authorizing the expenditure of funds therefore, and prowd~ng an effective date (Items 30-38 are items that support the proposed 2000-2001 budget and have been previously considered in budget work sessions) 30 Consider adoption of an ordtnance amending the schedule of water rates contmned ~n Ordinance No 99-295 for water service and water rates related to water conservation and drought contingency planning contmned ~n Ordinance No 2000-006, amending the wholesale raw water serwce to the Upper Tnmty Regional Water D~stnct rate (WRW), amending the wholesale treated water service to Upper Tnmty Regional Water D~stnct rate (WW2), delettng the ~ntragovemmental sales of fimshed water rate (WG), and addmg those customers to the commemml / ~ndustrml water serwce rate (WC), deleting the local government spnnkler ~rngat~on rate (WGI), and adding those customers to the commermal / mdustrml water service rate (WC), adding water conservation and drought contingency plan rates to resldentml water service rate (WR) and to commercml / mdusmal water service rate (WC), adding m~scellaneous fees, prowdlng for a repealer, prowdmg for a severabfl~ty clause, and providing for an effective date 31 Consider adoption of an ordmance amending the schedule of wastewater rates contained ~n Ordinance No 99-296 for wastewater service, deleting the ~ntragovemmental wastewater s&rvme rate (SG) and addmg those customers to the commercml and ~ndustnal wastewater service rate (SC), reasstgmng charges for uncontaminated grass, leaves, and brush, as well as whole trees and stumps brought to the landfill, from the sohd waste rate ordinance to the wastewater rate ordinance, providing for a repealer, prowd~ng for a severabthty clause, and providing for an effective date 32 Consider adoption of an ordinance of the C~ty of Denton, Texas prowd~ng for the schedule of miscellaneous fees, deposas, bdhngs and procedures for admlmstrat~ve services to c~ty customers and taxpayers contained ~n Ordxnance No 99-298, amending the ~nsuffic~ent fund check handhng charge, amending the electric and water reconnect~on fee m order to prowde for water meters, providing for a repealer, provtd~ng for a severabthty clause, and providing for an effective date 33 Consider adoption of an ordinance of the C~ty of Denton, Texas amending the schedule of rates for sohd waste servme contmned in Ordinance Numbers 99-294, 2000-042, and 2000-043, as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas, provid~ng that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to Cay of Denton sohd waste service, amending the charges and schedules for res~dentml sohd waste collection servme, residential servme deposit, commermal and ~nst~tut~onal sohd City of D~nton C~ty Councd Agenda September 5, 2000 Page 6 waste collection service, mlmmum monthly commercial charge, same day commercial servme charge, and apphance pickup charge, amending the sanitary landfill use charges and schedule by estabhshlng sanitary landfill use charges by tonnage, reassigning charges for d~sposal of uncontaminated leaves, grass, and brush brought to the landfill to the wastewater department, reasslgmng charges for the deposit of whole trees and stumps brought to the landfill to the wastewater department, adding a sanitary landfill use charge for the deposit of recycled asphalt and concrete, amending tire charges, providing for a repealer, providing for a severabdlty clause, and providing for an effective date 34 Consider adoption of an ordmance of the C~ty of Denton, Texas amending the schedule of rates contained in Ordinance No 99-297 for electric service, providing for a repealer, prowdmg for a severablhty clause, and promd~ng for an effective date 35 Consider adoptmn of an ordinance of the City of Denton, Texas promding for the payment of an admm~strative fee to the C~ty for review of traffic impact analyses reqmred by c~ty ordinance or as may be required as a part of zoning approval, and prowdmg for an effective date 36 Consider adoption of an ordinance of the City of Denton, Texas providing for the payment of an admlmstrat~ve public works inspection fee to the City for inspection servmes prowded by the City for pubhe improvements constructed by developers related to private development, and prowd~ng for an effective date 37 Consider adoption of an ordmance approving the calendar year 2001 (CY2001) budgets for the use of hotel tax revenue by the Greater Denton Arts Council and the North Texas State Fair, and prowd~ng an effective date 38 Consider adoption of an ordinance authonmng the Mayor to execute an agreement between the City of Denton and the following Hotel Occupancy Tax fund recipients for the payment and use of Hotel Tax Revenue and providing an effectxve date A Denton Hohday Festival B Denton Commumty Theatre C Denton Fesnval Foundation D Tejas Storytelhng Assocmtxon E Denton Black Chamber of Commerce F Denton County Courthouse-On-The-Square Museum G Ktwanls H Bayless-Selby House Museum I Denton Chamber of Commerce (Convention & Visitors Bureau) PUBLIC HEARINGS 39 Continue a pubhc heanng and consider approving a Detmled Plan for a Planned Development (PD-174) zoning d~stnct The 378 1 acre property is generally located south of Johnson Lane, between John Paine Road and Fort Worth Drive A slngle-famdy subd~wslon w~th open spaces ~s proposed The Planning and Zoning Commission recommends approval (4-1) (Z-99-100, Country Lakes North) City of D~nton City Cotmml Agenda September 5, 2000 Page 7 40 Hold a pubhc heanng and consider adoption of an ordinance approwng a Detailed Plan for Section M of the Preserve at Pecan Creek The 14 76-acre property ~s located on the east s~de of Lakewew Boulevard approximately 2500 feet northeast of the intersection of Lakewood Boulevard and Swisher Road It ~s m the Planned Development 132 (PD-132) zoning d~stnct A smgle-famdy subd~ws~on of 62 homes ~s proposed The Planmng and Zomng Commission recommends approval (6-0) (Z-O0-O12, The Preserve -Sectton M) 41 Hold a pubhc hearing and consider adoption of an ordinance approwng a Zomng Plan for Umverslty Courtyard The request ~s to rezone apprommately 18 2 acres from Commercml (C) zoning d~stnct and Multiple Family Dwelhng D~smct-1 (MF-1) zomng district to Planned Development (PD) zomng d~stnct The property is located at the southwest comer of Bonme Brae Street and West Htckory Street A mult~ famdy development ~s proposed The Planmng and Zomng Commission recommends approval (5-1) (ZP-O0-O i O, Umverstty Courtyard) ITEMS FOR INDIVIDUAL CONSIDERATION 42 Consider approval of a resolution voting for a member to the Board of Managers of the Denco Area 9-1-1 D~stnct, and declaring an effective date 43 Consider adoption of an ordinance approving a real estate contract between the C~ty of Denton and New Hope M~ss~onary Baptist Church, relating to the purchase of apprommately 0 038 acre and 0 0036 acre of land being located ~n the Nathan Wade Survey, Abstract No 1407 of Denton County, Texas for the US H~ghway 77 Project, w~th t~tle vesting m the State of Texas, authorizing the expendaure of funds therefor, and prowdmg an effective date 44 Consider adoption of an ordinance approwng a real estate contract between the C~ty of Denton and Barbara L Gmley, relating to the purchase of approximately 0 101 acre of land and being located ~n the N H Me~senhe~mer Survey, Abstract No 810 of Denton County, Texas for the US H~ghway 77 ProJect, w~th tale vesting ~n the State of Texas, authorizing the expenditure of funds therefore, and prowd~ng an effecnve date 45 Consider adoption of an ordinance approwng a real estate contract between the C~ty of Denton and KDRC II L~mlted Partnership, relating to the purchase of approximately 0 4221 acres of land located m the T Toby Survey, Abstract No 1288, for use as a water storage tank expansion s~te, authorizing the expenditure of funds therefore, and prowd~ng an effective date 46 Consider adoption of an ordinance approwng a real estate contract between the City of Denton and Locust/288 Partners Ltd, relating to the purchase of apprommately 3 98 acres of land located ~n the T Toby Survey, Abstract No 1288, for use as a water storage tank expansion s~te, authorizing the expenditure of funds therefore, and prowd~ng an effective date 47 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing the C~ty Manager to execute a first amendment to the Professional Services Agreement dated January 5, 1999, by and between the C~ty and Nawgant Consulting, Inc, for further City of D~nton City Council Agenda Septembe? 5, 2000 Page 8 consulting services pertaining to electric mstructunng matters and the possible divestiture of the City's electric generation assets, authorizing the expenditure of funds therefore, providing for retroactive effect of the amendment to the agreement, and providing an effective date 48 Consider approval of a resolution authorizing the City Manager to execute impact fee incentive grant agreements w~th the Habitat for Humanity of Denton and the Denton Affordable Housing Corporation Inc, and with future applicants who meet program guidelines, adopting new program guidelines to provide for single family equivalent impact fee incentive grants to pay water and wastewater impact fees for single family affordable housing residential units, exten&ng and reauthorlzlng the impact fee incentive grant program for affordable housing, and providing an effective date BUDGET ORDINANCES/RESOLUTIONS 49 Consider adoption of an ordinance adopting the budget of the City of Denton, Texas, for the fiscal year beginning October 1, 2000, and ending September 30, 2001, and declaring an effective date 50 Consider adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 2000, on all taxable property within the corporate limits of the City on January 1, 2000, not exempt by law, providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds, providing for limited exemptions of certain homesteads, providing for enforcement of collections, providing for a severabfllty clause, and providing an effective date 51 Consider adoption of an ordinance of the City of Denton, Texas, approving the 2000 tax rolls, and providing an effective date 52 Consider approval of a resolution adopting the Capital Improvement Plan proposed by the Planmng and Zoning Commission and the Public Utilities Board, and providing an effective date 53 Consider nominations/appointments to the City's Boards and Commissions 54 New Business This item provides a section for Council Members to suggest items for future agendas 55 Items from the City Manager A Notification of upcoming meetings and/or conferences B Clarification of items on the agenda 56 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 57 Official Action on Closed Meetang Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act City of D~nton City Council Agenda September 5, 2000 Page 9 Following the completion of the Regular Meeting, the Council will convene into a Work Session to consider the following 1 Receive a report, hold a discussion, and give staff direction regarding a draft Annexation and Consent Agreement proposed for the establishment of a County Development District for the "Arena Project," an approximate 254-acre tract located west of Sherman Drive (FM 428), approximately 3,600 feet north of Loop 288 in the extraterritorial junsd~etlon of the City of Denton 2 Receive a preliminary assessment, hold a discussion, and give direction to staff with regard to the proposed annexation of an approximately 37 8 acre tract of land located southeast of the comer of Teasley Lane and Hickory Creek Road (A-lO0, Forester Tract) CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the C~ty Hall of the City of Denton, Texas, on the day of ,2000 o'clock (am ) (pm) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNC1L CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMLrNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING !-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE CITY OF DENTON CITY COUNCIL MINUTES Au st 8, 2000 oat, q/5/O0 Work Session of the C~ty of Denton C~ty Councd on Tuesday, August 8, 2000 at 6 00 p m ~n the Council Work Session Room m C~ty Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Counml Members Burroughs, Durrance, Knstoferson and Young ABSENT Council Member Cochran 1 The Council was to receive a presentation from Diversified Utility Consultants, Inc regarding electric utility rate demgn Th~s ~tem was not conmdered 2 The Council received a report, held a (hscusmon, and gave staff d~rectlon regarding Denton Central Apprmsal D~stnct's 2000-2001 Budget Joe Forsythe, Denton Central Apprmsal D~stnct, reviewed the D~stnct's budget as noted ~n the agenda materials The Texas Property Tax Code reqmred taxing junsdmtions to approve or d~sapprove their Apprmsal D~stnct budget wuthm 30 days after ~ts adoption by the Board of D~rectors Staff recommended acceptmg the 2001 proposed Denton Central Appraasal District's budget Consensus of the Councd was to place the item on an upcoming agenda for approval 3 The Council received a report and held a dlscussmn concerning the future drmnage project the Stroud Street area Jim Coulter, Assistant D~rector of Wastewater Uttht~es, stated that an eng~neenng study had been done regarding the Pecan Creek Watershed that provided the basra for the PEC-4 channel ~mprovements from Bell Avenue to Woodrow Lane A finished floor survey would be completed to determine the extent of the needed channel improvements No formal action was required by Council at tfus t~me Staffwould continue to meet w~th the neighborhood to dmcuss the ~ssues as mformat~on became avmlable A suggestion was to hold an adtht~onal meeting after the fimshed floor survey was completed Consensus of the Counml was to continue looking at all options and continue meeting w~th the neighbors 4 The Council received a report, held a d~scuss~on, and gave staff d~rectlon regarding a current contract w~th Greater Denton Arts Councd (GDAC) Susan Croft, Utilities Services Manager, stated that the Greater Denton Arts Counml had requested that the C~ty rewse and update the schedule authorizing the City to reimburse GDAC for the utilities used by the Campus Theatre Under the current agreement, the C~ty reimbursed GDAC for utlht~es used w, thm reimbursement hmlts prowded by the agreement In addition, the GDAC was requesting that the City reimburse them for $10,691 42 That amount represented the d~fference between the actual expenditure by the GDAC and the amount retmbursed by the City for fiscal years endmg 1997, 1998, and 1999 City of Denton City Councd M~nutes August 8, 2000 Page 2 Council Member Cochran joined the meeting Consensus of the Council was to rewse Schedule A, revme the ordinance allowing for a three year rewew of Schedule A, conduct an energy audit of the famhty and gather more mfonnatmn regarding the request for reimbursement of the prewous payments 5 The Council received a report, held a d~scusslon, and gave staff d~rectlon regarding potential annexataon actions for the Ryan Road area Doug Powell, D~rector of Planmng and Development, stated that the C~ty had received two mqmres to voluntarily annex property m the Ryan Road area The DISD had submitted a voluntary armexatlon petition for the elementary school site on Ryan Road One ~ssue deahng w~th the school stte was the fact that the right-of-way was prescriptive meaning that the adjacent property owner actually owned the land to the center of the road An alternative was to do a broad based annexation strategy that would provide for a umfied responsibility for the mmntenance of Ryan Road Other options to consider were an involuntary stnp annexation that would annex 1,000 feet or a voluntary strip annexatmn that the Ryan family would have to volunteer to dedicate to the City all the way to the school site Staff was recommending a broader armexatlon strategy to ehm~nate fragmented road maintenance responsibilities to provide safe and efficient access to the school As development interest continued ~n the area, other properties might be platted before annexation could be ~mtlated if a case-by-case strategy was used Consensus of the Council was to continue looking at the options avmlable and return w~th an update for the Council 6 The Council received a report, held a d~scussion, and gave staff d~rectlon regarding potentml annexation actions for the 1-35W/U S 377 area Doug Powell, Director of Planning and Development, stated that Charles Jowell had d~scussed with staff a proposal to develop a 30 acre parcel that was currently undeveloped To date, no formal appllcataon had been filed Because a plat could be filed that would vest lot sizes, the matter was being brought to Council's attention Staff understood that Mr Jowell intended to develop a single-family project with minimum lot s~zes of approximately 7,500 square feet Staff was recommending that a broader annexation strategy should be started Council should start the process of annexation to protect the city's ~nterest in the development area Consensus of the Council was to proceed w~th the annexation of th~s partmular parcel and work on a policy development for future annexation strategies of tlus type 7 The Council received a report, held a d~scuss~on, and gave staff direction regarding design options and painting alternatives for the 1MG elevated storage tank for the upper pressure plane T~m Fxsher, Assistant Director of Water Utilities, presented design options and pmntlng alternatives for the new water storage tank as noted m the agenda materials City of D~nton City Council Minutes August 8,2000 Page 3 Consensus of the Council was to pursue the design of the composite tank with the City logo 8 The Council received a report, held a d~scusslon, and gave staff d~reet~on regarding the construction of streetseape improvements around the Courthouse Square Ed Hodney, Director of Parks and Recreation, presented design proposals for streetscape improvements around the Courthouse Square and along Hickory Street to Bell Avenue He noted the objeetlvas as detmled m the agenda materials Consensus of the Council was to proceed with the project 9 The Council received a report, held a discuss~on, and gave staff d~rectlon regarding the Denton Entrance Monument project Ed Hodney, D~rector of Parks and Recreation, stated that the 1996-1999 CIP included $250,000 for the design and construction of entrance monuments at five locations along the SH 380 and Interstate 35 The project was destgned and advertised for bid m 1998 but only one b~d was received excee&ng the project by nearly 300% The decmmn was made to redesign and re-bid the project Bids had been received on a redesigned project and staffwas rewewlng the b~ds at this time with a recommendation due to Council in late August Staff would like Council's consent to proceed w~th the project Current funthng would only allow one monument to be built at this t~me Other monuments would require additional pubhc and/or private resources If Council dec~ded to not proceed with the project, funds would be reallocated to other efforts such as new d~reetlonal and site slgnage for city facthtles and major desunations in Denton Consensus of Council was to proceed wnh the project with a change ~n the color of the star 10 The Cotmcfl received a report, held a discussion, and made a recommendation for proposed methan modifications on Colorado Boulevard in front of Target near the Loop 288 intersection Jerry Clark, Director of Engmeenng and Transportation, stated that Target had requested a modfficat~on m the traffic flow in the area since they had enlarged their store Traffic ~n the area had steadily gotten worse and it was difficult to get ~nto the store The proposal was for enclosed right tums that would enhance the movement of traffic Target offered to pay for materials, amounting to nearly $40,000 The Street Department was prepared to handle project admlmstratlon and construction, providing for all removals, grading, backfill, and ~nstallat~on with a value of almost $40,000 Patterned concrete would be ~nstalled in the new medians Consensus of the Council was to proceed w~th the proposal 11 The Council received a report, held a discussion, and gave staff direction regarding a paperless agenda Jennifer Walters, City Secretary, presented an overview of the process and asked Council for a dec,sion on whether or not to proceed with a paperless agenda If the Council decided to proceed, a system would be designed to make an efficient paperlass agenda for Council use A consensus of the Council was needed to proceed with a paperless agenda for the Council Ctty of D~nton C~ty Council Minutes August 8, 2000 Page 4 Consensus of the Council was to not proceed w~th a paperless agenda but to begm e-mmhng routine memos and reports 12 The Council received a report, held a d~scuss~on, and gave staff d~rect~on regardmg c~tyw~de planmng actlmtleS Dave Hill, Assistant C~ty Manager for Development Serwces, stated that m 1997 Council ~dentlfied several planmng object~ves such as the s~gn ordinance amendments, a park dedmat~on ordinance, landscape or&nance amendments, estabhshment of ~mpact fees, and development of the Denton Plan All of the assigned projects had been completed or would be ~ncorporated ~n the Development Code Rewrite project A draft planmng act~v~tles t~metable was developed to enable Council discussion and direction regarding future planmng act~wt~es Those future activities would xnclude a faclhtles master plan, open space master plan, annexation plan, and roadway capacity analysis Consensus of the Council was to proceed w~th the finahzatlon of the Umetable Followmg the completion of the Work Session, the Council convened ~nto a Specml Called Session 1 The Council considered nominations/appointments to the C~ty's Boards and ConlmlSslons Jennifer Walters, C~ty Secretary, reviewed the current vacancies at noted m the agenda matenals Beasley motmned, Burroughs seconded to suspend the rules and vote on the nominations at th~s meeting On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dun'ance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unanimously Beasley motmned, Durrance seconded to approve the nommatmns made at this meeting On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously W~th no further busmess, the meeting was adjourned at 10 10 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS BOARDS/COMMISSION NOMINATIONS D~st Current Member Nomination Term Council 7 Terry Garland Terry Garland 1998-00 Brock Approved 6/27 4 Joe Roy Joe Roy 1998-00 Knstoferson Approved 6/27 5 Ronald Keaton Ronald Keaton 1998-00 Beasley Aunroved 6/27 ~,~, ~,, ..... £R ADVISORY BOARD D~st Current Member Nomlnatton Term Cmlncll 2 Joella Orr Ralph Thomas 1998-00 Durrance Apnroved 8/8 5 Lisa Zottarelll L~sa Zottarelh 1998-00 Beasley Apnroved 6/27 6 Hamet Aronson Hamet Aronson 1998-00 Burroughs Approved 7/25 STMENT DlSt Current Member Nom~nahon Term Council 5 Bob Manning Bob Manmng 1998-00 Beasley Approved 6/27 2 Robyn Mullendore Robyn Mullendore 1998-00 Durrance Approved 6/27 D~st Current Member Nonunat~on Term Cotmcfl 5 Lma Hmojosa Mary Ahce Moreno 1998-00 Beasley Approved 8/1 6 Barbara Stmnett Barbara Stmnett 1998-00 Burroughs Annroved 6/27 7 Jean Ellen Rogers Jorge Urb~na 1998-00 Brock Annroved 7/25 3 Sondra Ferstl Sondra Ferstl 1998-00 Cochran Apnroved 6/27 5 Ann Hatch Edward Tourmne 1998-00 Beasley Am>roved 7/25 1 ~,.J~ a axu~ ~t a~,~, ~ · .o....,~. ~ APPE~S BO~ D~st Spee~W C~ent Member Noml~tlon Te~ Co.cd 2 Assomated ~ He~ ~fe He~ ~fe 1999-00 D~ce commct~on, Approved 6/27 developm~t or re~ estate 4 ~tect or AI~ Nelson AI~ Nelson 1999-00 ~stoferson En~neer Approved 6/27 ~ ~ ~ ~SING AUTHO~TY Seat C~ent Memb~ Nomination T~ 7 Ray Bej~o ~y Bej~o 1998-00 Brock Approved 6/27 7 Bob Crouch Ball Glese 1998-00 Brock Approved 7/25 HISTO~C L~D~ CO~ [~SSION D~st C~t Member Nomination Te~ Co.cfi 3 M~k S~del M~k S~del 1998-00 Coc~ Aporoved 6/27 7 Peggy No,on Peggy No~on 1998-00 Brock Aooroved 6/27 2 J~m ~r~amck Rod Reeves 1998-00 D~ce Aporoved 7/25 nu~,~a ~. ~ ~SOl. l COM~TTEE D~st C~ent M~ber Nommat~on Te~ Co.cfi 6 T~ ~eault Ten ~eault 1998-00 B~oughs Aooroved 7/25 7 C~ol Br~tley C~ol Br~tley 1998-00 Brock A~oroved 7/25 2 Bede Myers Bettye Myers 1998-00 D~ce Approved 8/8 4 W~lace Duv~l W~lace Duvall 1998-00 ~stofe~on Aooroved 6/27 .~.~....~RY BOARD Dlst Current Member Nomlnat~on Term Cotlrlcll 7 Teresa Starrett Teresa Starrett 1998-00 Brock A~uroved 6/27 3 Eva Cadwallader Eva Cadwallader 1998-00 Cochran Approved 6/27 4 Ema Ruth Russell Tracy Barnes 1998-00 Knstoferson Aooroved 8/8 ....... ~ AND RECREATIOi~, _OARD Dlst Current Member Nomination Term Council 3 Dale Yeatts Dale Yeatts 1998-00 Cochran Approved 6/27 2 Brandon Barnes Brandon Barnes 1998-00 Durrance Approved 7/25 4 Brenda Pbalhps Brenda Phillips 1998-00 Knstoferson Am~roved 6/27 . ,~,.ilNG AND ZONING COMMISSION Dlst Current Member Nomination Term Council 3 Salty l*dshel Salty Pashel 1998-00 Cochran Approved 7/25 5 Jim Engelbreeht Vmk~ Holt 1998-00 Beasley Approved 7/25 6 Perry McNefll Perry McNefll 1998-00 Burroughs Aanroved 7/25 Nom~naUon Term Council ...... BOARD OF DIRECTORS Seat Current Member Nom~natxon Term 0 George Hoplons George Hopkins 1998-00 ALL Approved 6/27 3 Dast Current Member Nomlnat~on Term Council 6 Greg Sawko Greg Sawko 1998-00 Burroughs Approved 6/27 I Fred Hill Fred Hill 1998-00 Young Approved 7/25 2 Barry Walters Barry Walters 1998-00 Durrance Approved 6/27 3 Sflwa Lesko Salvia Lesko 1998-00 Cochran Approved 6/27 4 Larry Luce JeffB~ssel 1998-00 Knstoferson Approved 8/8 4 CITY OF DENTON CITY COUNCIL MINUTES August 9, 2000 The City of Denton City Council held an Informational Briefing Session on Wednesday, August 9, 2000 at 7 00 a m in the Council Work Session Room at City Hall PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durranee, and Knstoferson ABSENT Council Member Young 1 The Council received a report and held a discussion regarding the progress of the Development Code Rewrite John Fregonese reviewed the progress of the Development Code rewrite to date He felt that the Code was approximately 90% complete A web s~te will show residents the proposed zomng, a newsletter will be prepared, and office hours for the Planning Department will be pubhshed so residents can call and get answers to questions The Committee needed to review the zomng map as the next step in the process An open house and a series of meetings will be held m order to inform c~t~zens of the changes ~n the Code W~th no further business, the meeting was adjourned at 8 05 a m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 14, 2000 Specml Called Meeting of the C~ty Cotmc~l on Monday, August 14, 2000 at 7 45 p m at the Center for the V~sual Arts As there was no quorum of the Council present, nunutes of th~s meeting were not taken JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 15, 2000 After detenmmng that a quorum was present and convening an an Open Meeting, the C~ty Council convened an a Closed Meeting on Tuesday, August 15, 2000 at 5 15 p m m the Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, and Knstoferson ABSENT Council Members Durrance and Young 1 The Council considered the following an Closed Meeting A Dehberatlons Regarding Certtun Public Power Utihties Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** 1 Received a presentation and information from Staff pertmmng to the Denton Mumcipal Electric ("DME') proposed annual budget for the fiscal year 2000-2001 and the updated capital improvement plan, as they relate to DME, consisting of competitive electric and commercial ~nformatlon respecting the detmls of the present and future operational and financml plans and strategies of DME, and discussed, dehberated, considered, and prowded Staffw~th direction regarding such matters B Consultation with Attorney - Under TEX GOV'T CODE Section 551 071 1 Discussed and considered strategy and settlement proposal with the City's attorneys In htigataon styled Ctty of Denton v Texas Utthttes Company, et al, Cause No 2000-60109-393 currently pending an the 393~d District Court of Denton County, and d~scussed legal issues concerning this lmgatlon w~th the attorneys where to d~scuss these matters in pubhc would conflict with the duty of the C~ty's attorneys to the City Council under the Texas Disciphnary Rules of Professional Conduct of the State Bar of Texas Regular Meetmg of the City of Denton City Council on Tuesday, August 15, 2000 at 6 00 p m an the Council Chambers at City Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, and Knstoferson ABSENT Council Members Durranee and Young I Pledge of Allegiance The Council and members of the au&ence recited the Pledge of Allegiance to the U S and Texas flags 2 The Council considered approval of the minutes of July 25, August 1, and August 4, 2000 City of Denton City Council M~nutes August 15, 2000 Page 2 Cochran motioned, Beasley seconded to approve the minutes as presented On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Knstofgrson "aye", and Mayor Brock "aye" Motion camed unammously PROCLAMATIONS/PRESENTATIONS 3 Mayor Brock presented the August Yard of the Month Awards Ahee and Floyd Specht Alan and Dale Johnson Homer and Betty Nabors Luther and Sarah Parker Barbara Wflhlte Lmda and Jim Hook Peterbilt Motore Company CITIZEN REPORT 4 The Council received a report from Dessm Goodson regarding pubhc transportation Ms Goodson spoke to the Cotmcfl regarding the number of buses runmng on the routes 5 The Council received a report from Ross Melton, Jr regarding "LIE-YERS None so llhterate as those who will not read" Mr Melton spoke to the Council about issues regarding his lawsmt with the City Council Member Durrance arrived at the meeting NOISE EXCEPTION 6 The Cotmcll considered a request for an Exception to the Noise Ordinance for a Back to School block party at Texas Woman's Umverslty behind Regan Houston Residence Hall on September 7, 2000, hosted by the Chapter of Delta Sigma Theta Sorority, Inc, at Texas Woman's Umvermy from 10 00 p m until Mldmght Beasley motioned, Burroughs seconded to approve the exception On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motlon earned unammously CONSENT AGENDA Council Member Durrance requested Item //16 be pulled from the Consent Agenda and considered under Items for Individual Consideration Cochran motioned, Burroughs seconded to approve the Consent Agenda and the accompanying orchnances with the exception of Item //16 On roll vote, Beasley "aye", Burroughs "aye", Clty of Denton C~ty Cotmcd M~nutes August 15, 2000 Page 3 Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unammously 7 NO 2000-250 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER ONE TO THE PUBLIC WORKS CONTRACT PROVIDING UPGRADES TO THE 69 KV LINE FROM SPENCER TO LOCUST, NORTH LAKES SUBSTATION AND US77/RINEY ROAD INTERSECTION BETWEEN THE CITY OF DENTON AND GREAT SOUTHWESTERN CONSTRUCTION, INC, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK, MATERIALS, LABOR AND AN INCREASE IN THE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (PO 00983 TO GREAT SOUTHWESTERN CONSTRUCTION, INC IN THE AMOUNT OF $1,393,814 62 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $47,288 63) 8 NO 2000-251 Ali ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A 138KV TRANSMISSION FACILITIES UPGRADE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2522 - DENTON NORTH TO NORTH LAKES 138KV TRANSMISSION LINE UPGRADE AWARDED TO RED SIMPSON, INC IN THE AMOUNT OF $543,297 96) 9 NO 2000-252 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE (PO 07087 TO LOWER COLORADO RIVER AUTHORITY, PO 07088 TO CENTRAL & SOUTHWEST SERVICES, INC, PO 07089 TO TEXAS-NEW MEXICO POWER COOP, PO 07090 TO TEXAS MUNICIPAL POWER ASSOCIATION, PO 07091 TO BRAZOS ELECTRIC POWER COOP, AND PO 07092 TO AUSTIN ENERGY, IN THE TOTAL AMOUNT OF $411,142 50) 10 NO 2000-253 AN ORDINANCE APPROVING A COMMERCIAL LEASE CONTRACT BETWEEN THE CITY OF DENTON AND SCOTT BROWN PROPERTIES, INC, LANDLORD, MANAGER AND AGENT FOR ASH PROPERTIES RELATING TO THE LEASE OF OFFICE SPACE AT THE TEXAS BUILDING LOCATED AT 100 W OAK ST, SUITES 101 AND 107, DENTON, TEXAS 76201, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE City of Denton City Coullcll Minutes August 15, 2000 Page 4 11 NO 2000-254 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MESA DESIGN GROUP TO PROVIDE DESIGN, CONSTRUCTION DOCUMENTS AND OVERSIGHT SERVICES AT NORTH LAKES PARK FOR THE CITY OF DENTON PARKS D]~PARTMENT AS SET FORTH IN THE CONTRACT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PSA 2558 - PROFESSIONAL SERVICES AGREEMENT FOR DESIGN, CONSTRUCTION DOCUMENTS AND OVERSIGHT SERVICES AT THE NORTH LAKES PARK AWARDED TO MESA DESIGN GROUP IN THE AMOUNT OF $130,000) 12 NO 2000-255 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENT (H-GAC) FOR THE ACQUISITION OF WHEELED REFUSE CONTAINERS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID/FILE 2540 - PO 07105 TO HGAC/TOTER INC, IN THE AMOUNT OF $105,224 68) 13 NO 2000-256 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF DECORATIVE STREETLIGHT FIXTURES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2542 - DECORATIVE STREETLIGHT FIXTURES AWARDED TO GENLYTE SALES DALLAS IN THE ESTIMATED AMOUNT OF $60,000) 14 NO 2000-257 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF CONTROL HOUSES AND SWITCHGEAR FOR SUBSTATION CONSTRUCTION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2546 - CONTROL HOUSES AND SWITCHGEAR AWARDED TO POWELL INDUSTRIES IN THE ESTIMATED AMOUNT OF $1,071,000) 15 NO 2000-258 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF City of Denton C~ty Council Minutes August 15, 2000 Page 5 DENTON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE GRANT PROGRAM, AND DECLARING AN EFFECTIVE DATE (TXDOT PROJECT NO AM2000DNTON, AND TXDOT CSJ NO M018DNTON) PUBLIC HEARINGS 17 The Council was to continue a pubhc heanng and consider adoption of an ordinance approving a Zomng Plan, to rezone 3901 Pockrus Page Road from an Agriculture zoning district to a Planned Development (PD) zoning d~stnct The 20 1 acre property was generally located on the north side of Pockrus Page Road, east of Interstate 35 East A single family subdivision with open spaces was proposed The Planning and Zomng Commission recommended demal (4-2) (ZP-O0-O02, Dmmond Ridge Estates) Doug Powell, Director of Planning and Development, told the Council that the petitioner had requested that this be withdrawn from consideration The following ~ndlvlduals spoke on the Issue Ed Soph, 1620 Vmtona Drive Denton, 76209 - opposed Allen Bussell, 1621 Amanda Court, Ponder - w~thdraw the proposal Cochran motioned, Burroughs seconded to permit the w~thdrawal of the apphcatlon On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion camed tman~mously 18 The Cotmcfl held a public heanng and considered adoption of an ordinance approving a Zoning Plan to rezone approximately 2 4 acres located on the south s~de of East Umvers~ty Drive approximately 250 feet west of its intersection w~th Redwood Drive The property was currently zoned One Family Dwelling (SF-7) An Office conditioned (O[c]) zoning district permitting the construction of a doctor's office was proposed The Planmng and Zoning Commission recommended approval (7-0) with conthtlons (ZP-OO-OO7, Redwood Medtcal Office) Doug Powell, Director for Planning and Development, stated that the apphcant wanted to rezone the property, which was currently zoned One-Family Dwelling (SF-7), to an office conditioned zoning classification to allow the placement of a general practice doctor's office Due to late submittals, the 20% rule was m effect that would require a supermajonty vote by Council The Mayor opened the pubhc heanng The followmg individuals spoke dunng the pubhc heanng Allen Bussell, 1621 Amanda Court, Ponder - favor Robb~e McCarty, 1901 Burning Tree Lane, Denton, 76209 - favor Dr Stanley Evans, 3025 Broken Bow, Denton, 76209 - favor Slick Smith, 2100 Redwood Place, Denton, 76209 - favor Peggy Bruce, 1911 Boyd, Denton, 76209 - opposed Jamce Collins, 2011 Boyd, Denton, 76209 - opposed C~ty of Denton City Couned Minutes August 15, 2000 Page 6 James Colhns, 2011 Boyd, Denton, 76209 - opposed unless conditions were met Debra Wright, 1513 Creek, Denton, 76209 - opposed Joe Moore, 1505 Creek, Denton, 76209 - opposed Charles Miller, 2003 Boyd, Denton, 76209 - opposed unless conditions were met The following Speaker Cards were submitted Howard Kelly, 2008 Boyd, Denton, 76209 - opposed Frances Pnchett, 2109 Boyd, Denton, 76209 - opposed Kathleen Cnppen, Rt 2, Box 524A, Denton, 76208 - opposed Jimmy and Teresa Darnel, 2008 Boyd, Denotn, 76209 - opposed Rebuttal by McCarty The Mayor closed the pubhc heanng After discussion among the Counml regarding possible conditions to place on the proposal, Burroughs motioned, Beasley seconded to reopen the public heanng to see ~f a consensus of the neighbors could be reached on two ~ssues On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrmace "aye", Knstoferson "aye", mad Mayor Brock "aye" Motion earned unanimously Mayor Brock reopened the pubhc heanng The following individuals spoke James Colhns - agreed w~th the change from medical only to a professmnal office bmld~ng, wanted the 8 foot fence, mad 20 foot buffer yard Robb~e McCarty - suggested placing the fence on the 10 foot line between the 20 foot bufferyard, was in agreement w~th the 8 foot fence if that was what the ne~ghburs wanted and requested the change to professional office bmldlng from the hm~ted medical office designation Debra Wright - was m favor of the 20 foot buffer w~th the fence on the 10 foot hne going around trees if needed to preserve them, wanted the 8 foot fence, and was ~n agreement w~th the professional office bmldmg Robble McCarty - questioned ff the neighbors wanted the bufferyard left m a natural state or maintmned similar to a regular yard Consensus of the neighbors was to leave their side of the fence ~n a natural state The Mayor closed the pubhe heanng Dave Hill, Assistant City Manager for Development Services, suggested the following conditions #1-3 in the ordinance would not change, #4 would change to an 8 foot h~gh fence around the southern and eastern perimeters, #5 would change the wording to professional bmldlng, #6 would state a 20 foot bufferyard w~th an 8 foot fence centered ~n the bufferyard w~th the outside of the bufferyard left m a natural state w~th limited mmntenance, except for the drmnage area, #7 would not change, #8 would change the condmon to a hm~ted use of professional offices, and #9 would be the City's standard hght~ng condition C~ty of Denton C~ty Council Minutes August 15, 2000 Page 7 The following ordinance was considered NO 2000-259 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE WITH CONDITIONS (O[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR Ai~PROXIMATELY 2 4 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EAST UNIVERSITY DRIVE APPROXIMATELY 250 FEET WEST OF ITS INTERSECTION WITH REDWOOD DRIVE, PROVIDING FOR THE APPROVAL OF A ZONING PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE (ZP-00-007) Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durranee "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unammously 19 The Council held a pubhe heanng and considered adoption of an ordinance to rezone 3 9 acres from an Agricultural zomng district to a Light Indusmal zoning district The property was located at 5001 West Umverslty Drive The proposal was to rezone the property to correspond w~th the e~lstlng land use A request for rehef from the lntenm Nonres~dentml Standards for th~s property Was approved by C~ty Council on June 6, 2000 The Planning and Zoning Commission recommended approval (7-0) (Z-O0-OiO) Doug Powell, Director of Planning and Development, stated that the apphcant requested to rezone the property from agricultural zomng to hght industrial zomng The ex~stlng land uses of the property and adjacent property were compatible w~th the proposed zoning No new development was proposed and the zoning request was not subject to the Interim Regulations The Mayor opened the pubhc heanng No one spoke dunng the pubhc heanng The Mayor closed the pubhc heanng The following ordinance was considered NO 2000-260 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3 9 ACRES OF LAND LOCATED AT 5001 WEST UNIVERSITY, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-010) City of Del~ton City Council Minutes August 15; 2000 Page 8 Knstoferson motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", Mayor Brock "aye" Motion camed unammously 20 The Council held a public heanng and consider adoption of an ordinance amendmg Chapter 35, Zomng, of the Code of Ordinances, to add Article XI, Denton Telecommumcattons Zomng Regulations, providing regulations governing the location of telecommnnmatlon towers and antennas The Planmng and Zoning Commission recommended approval (5-0) with comments (SI-00-17, Telecommumcattons ZontngRgulattons) Doug Powell, D~rector of Planmng and Development, stated that Council had reviewed thxs item at several meeting The City's current regulations were written for older technology and did not adequately respond to the new age of wireless telecommumcatlon servmes There were two major components of the standards that dealt w~th towers and antenna standards The Mayor opened the public heanng No one spoke dunng the public hearing Durrance motioned, Beasley seconded to postpone consideration to allow Council to further d~scuss the ordinance m a work session and to continue the public heanng when placed hack on a Council agenda After discussion regarding the need to have some type of regulations in place due to the increased requests for towers and antennas m the C~ty, Durrance withdrew his motion The following ordmance was considered NO 2000-261 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING AN ARTICLE XI ENTITLED "DENTON TELECOMMUNICATIONS ZONING REGULATIONS", PROVIDING FOR REGULATIONS GOVERNING THE LOCATION OF TELECOIVIMUNICATION TOWERS AND ANTENNAS, PROVIDING CONDITIONS FOR PERMITTED USES, PROVIDING FOR SPECIAL USE PERMITS, PROVIDING FOR SEVERABILITY, PROVIDING A CRIMINAL PI~NALTY NOT TO EXCEED $2,000 AND A CIVIL PENALTY NOT TO EXCEED $1,000 FOR VIOLATIONS THEREOF, PROVIDING A REPEALER CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE Beasley motioned, Cochran seconded to adopt the ordinance with the following changes a security fence would be reqmred, the billboard provision would be removed, and towers located in the Central Business D~stnct would reqmre a specffic use pernnt On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion camed unammously C~ty of Denton C~ty Counml Minutes August 15, 2000 Page 9 ITEMS FOR INDIVIDUAL CONSIDERATION Item #16 was considered from the Consent Agenda Counml Member Durrance felt that he could not vote for th~s budget as the D~stnct had not adequately answered h~s concerns 16 The Cotmml considered approval of a resolution of the C~ty of Denton, Texas approving the 2000-2001 budget of the Denton Central Apprmsal D~smct, and declanng an effective date The following resolution was considered NO R2000-041 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE 2000-2001 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE Burroughs motxoned, Cochran seconded to approve the resolutmn On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", and Mayor Brock "aye" MoUon camed w~th a 5-1 vote 21 The Council considered adoption of an ordinance to correct an ~nadvertent error ~n Orthnance No 99-203 winch ~s an ordinance annexing ~nto the C~ty of Denton certmn real property located on the east s~de of Interstate H~ghway 35W, north of Crawford Road, and west of U S Highway 377 Said error being an inadvertent error ~n the description of the property being annexed whmh should have been approximately 472 acres instead of approximately 1055 acres (A-82, Huffines TracO Doug Powell, D~rector of Planning and Development, stated that Ordinance No 99-203 ~ncorrectly annexed 1025 acres of land instead of the 472 acre tract that was ~ntended to be annexed Th~s ordinance would remove the property that was not to have been annexed The following ordinance was considered NO 2000-262 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO CORRECT AN INADVERTENT ERROR 1N ORDINANCE NO 99-203 WHICH IS AN ORDINANCE ANNEXING INTO THE CITY OF DENTON CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF INTERSTATE HIGHWAY 35W, NORTH OF CRAWFORD ROAD, AND WEST OF U S HIGHWAY 377 IN DENTON COUNTY, TEXAS, SAID ERROR BEING AN INADVERTENT ERROR IN THE DESCRIPTION OF THE PROPERTY BEING ANNEXED WHICH SHOULD HAVE BEEN APPROXIMATELY 472 ACRES INSTEAD OF APPROXIMATELY 1025 ACRES, MAKING SUCH CORRECTION RETROACTIVE TO JUNE 15, 1999, BEING THE DATE OF PASSAGE OF ORDINANCE NO 99-203, DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO INFORM THE City of Denton City Council Minutes August 15, 2000 Page 10 DENTON COUNTY APPRAISAL DISTRICT AND AFFECTED TAXING AUTHORITIES OF THIS ERROR AND THE CORRECTIONS MADE BY THIS ORDINANCE AND REQUESTING THAT THE APPRAISAL DISTRICT AND AFFECTING TAXING AUTHORITIES MAKE SUCH ADJUSTMENT IN TAXES RESULTING FROM THIS CORRECTION, AS MAY BE PERMITTED BY LAW, PRIOVIDING AN EFFECTIVE DATE (A-82) Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", and Mayor Brock "aye" Motion earned unammously 22 The Council considered and took action on a request for relief from the Res~dentml Intenm Regulations, Ordmance 2000-046, for a 31 4 acre parcel north of Audra Lane and west of Mockingbird The property was ~n a Planned Development (PD-127) zoning district An amended Detmled Plan was proposed reducmg the total number of single-family res~dentlal lots from 136 to 127 (RR-O0-O17, Bella~re North Ad&tton) Doug Powell, D~rector for Planmng and Development, stated that the petmoner had submitted an amended detasled plan that would reduce the total number of single-family residential lots A request for rehef was being asked for as the interim ordinance would add additional expense to the project Pat Atkms spoke on the msue Burroughs motioned, Beasley seconded to grant the relief request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", and Mayor Brock "aye" MoUon carried w~th a 5-1 vote 23 The Council considered and took action on an exaction variance from Sectmn 34-111(1) of the Code of Ordinance, concemmg street classifications for Regency Oaks, Phase 2 The 10 28 acre s~te was located south of Hobson Road and east of Country Club Drive The property was ~n a SF-10 conditioned zomng d~smct Single family development was proposed (V-O0- 001, Regency Oaks Phase 2) Doug Powell, D~rector for Plannmg and Development, stated that the apphcant has requested a variance eoneermng street classification for an estate section street The subdivision would have access to an extstmg 24 foot wide estate section street without curb and gutter The Subdlwsion Regulations reqmred the apphcant to upgrade the exmtmg estate section street up to local street standards The improvements would include w~demng the street and adthng curb and gutter The deve[oper was proposing no ~mprovements to the existing estate section street Staff was mcommendmg approval of a part~al variance from the street classfficat~on for an estate section street by reqmrmg curb and gutter to both sides of the existing estate section street That would require the add~taon of inlets and possibly storm sewer, and the modification and regradlng behind the curbs It was also recommended by staff that the existing cul-de-sac bulb be removed City of Denton City Council Minutes August 15, 2000 Page 11 The following individuals spoke regarding the issue Everett Newland - favor Gene Price - favor Beasley motioned, Cochran to deny the request for relief On roll vote, Beasley "aye", Burroughs "nay", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion camed w~th a 5-1 vote 24 The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for a 1 63 acre parcel located on the east side of Bonnie Brae, approximately 800 feet south of Umverslty Drive The property was in a Planned Development (PD-144) zomng district An amended Detmled Plan was proposed to allow a non- medical office bulldang on the site (RN-OO-O27, Bonn~eBraeMechcalOff'tceCornplex) Doug Powell, Director of Planning and Development, stated that the apphcant was requesting relief in order to proceed with an amended detailed plan to allow a non-medical use within the existing Planned Development Cochran motioned to deny Motion died for lack of a second Burroughs motioned, Beasley seconded to approve the request for relief On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion camed with a 5-1 vote 25 The Council considered approval of a resolution supporting the Major Investment Study for Interstate 35-E from State Highway 121 north to the City of Denton being conducted by the Texas Department of Transportation, and encouraging Texas Department of Transportation officials to consider any means possible that will expedite the schematic development phase of this program to a completion date no later, and preferably sooner than December, 2001 The following resolution was considered NO R2000-042 A RESOLUTION SUPPORTING THE MAJOR iNVESTMENT STUDY FOR INTERSTATE 35-E FROM STATE HIGHWAY 121 NORTH TO THE CITY OF DENTON BEING CONDUCTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION, AND ENCOURAGING TEXAS DEPARTMENT OF TRANSPORTATION OFFICIALS TO CONSIDER ANY MEANS POSSIBLE THAT WILL EXPEDITE THE SCHEMATIC DEVELOPMENT PHASE OF THIS PROGRAM TO A COMPLETION DATE NO LATER, AND PREFERABLY SOONER THAN DECEMBER, 2001 Knstoferson motioned, Durrance seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion camed unanimously City of D~nton C~ty Cotmml Minutes August 15, 2000 Page 12 26 The Council considered adoption of an ordmance vacating a utlhty easement affecting the southern boundaries of Block 3, Lots 1-13 of Hannah Estates, an addition to the City of Denton, Texas, according to the plat thereof, recorded in Cabinet C, Page 381 of the plat records of Denton County, Texas and providing for an effective date The following ordmance was conmdered NO 2000-263 AN ORDINANCE VACATING A UTILITY EASEMENT AFFECTING THE SOUTHERN BOUNDARIES OF BLOCK 3, LOTS 1-13 OF HANNAH ESTATES, AN ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF, RECORDED IN CABINET C, PAGE 381 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE Burroughs motioned, Durrance seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unanimously 27 The Council considered adoption of an ordinance approwng a p~pehne crossing contract between the C~ty of Denton and the Kansas C~ty Southern Rmlway Company relating to the location of a mty water plpelme w~ttnn rtulroad right-of-way located ~mmedlately east of said railroad right of way's ~ntersectaon w~th U S Highway 377 within the C~ty of Denton, Texas, authorizing the expenditure of funds therefore, and prowdmg an effective date The following ordinance was considered NO 2000-264 AN ORDINANCE APPROVING A PIPELINE CROSSING CONTRACT BETWEEN THE CITY OF DENTON AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY RELATING TO THE LOCATION OF A CITY WATER PIPELiNE WITHiN RAILROAD RIGHT-OF-WAY LOCATED IMMEDIATELY EAST OF SAID RAILROAD RIGHT OF WAY'S iNTERSECTION WITH U S HIGHWAY 377 WITHiN THE CITY OF DENTON, TEXAS, AUTHORIZiNG THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion carried unammously 28 The Council considered adoption of an ordinance of the C~ty of Denton approving a hcense agreement between the C~ty of Denton and the Texas Municipal Power Agency (TMPA) relating to the location of a c~ty water plpehne w~th~n a TMPA utd~ty easement described in that certtun easement recorded m Volume 1141, Pages 128-131 of the deed records of Denton County, Texas near where smd easement intersects w~th U S H~ghway 377 within the City of Denton, Texas, anthonzmg the expenditure of funds therefore, and prowdmg an effective date C~ty of Denton City Council Minutes August 15, 2000 Page 13 The following ordinance was considered NO 2000-265 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL POWER AGENCY (TMPA) RELATING TO THE LOCATION OF A CITY WATER PIPELINE WlTH1N A TMPA UTILITY EASEMENT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED IN VOLUME 1141, PAGES 128-131 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS NEAR WHERE SAID EASEMENT INTERSECTS WITH U S HIGHWAY 377 WITHIN THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Cochran motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unammously 29 The Council considered adoption of an ordtnance approwng a real estate contract between the Ctty of Denton and William L Abemathy Charitable Lead Trust, relattng to the purchase of approximately 0 0258 acres of land for the expansion of U S Highway 77 (Parcel 62), authonzmg the expendtture of funds therefore, and prowdtng an effecttve date The following ordinance was constdered NO 2000-266 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND WILLIAM L ABERNATHY CHARITABLE LEAD TRUST, RELATING TO THE PURCHASE OF APPROXIMATELY 0 0258 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 62), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Beasley mottoned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" MoUon carned unammously 30 The Council considered adoption of an ordinance declanng a pubhc necesstty extsts and finding that public welfare and convemence reqmres the taking and acqumng of an approximate 0 1895 acre permanent public utility easement and an approximate 0 2595 acre temporary construction easement both located m the B B B & C R R Co Survey, Abstract No 196 and ~n the J W Withers Survey, Abstract No 1343, Denton County, Texas, authorizing the Ctty Manager or ins designee to make an offer to purchase the property for its fair market value and ff such offer is refused, authorizing the Ctty Attorney to institute the necessary proceedmgs an condemnation in order to acquire the property necessary for the public purpose of constructing utlhtles along F M Highway 1830, and declanng an effective date City of D~ton City Courted Minutes August 15, 2000 Page 14 The followang ordinance was considered NO 2000-267 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND WILLIAM L ABERNATHY CHARITABLE LEAD TRUST, RELATING TO THE PURCHASE OF APPROXIMATELY 0 0258 ACRES O~ LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 62), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Durrance seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motaon camed unammously 31 The Council considered an ordinance declaring a pubhc necessity exists and findmg that public welfare and convenience requires the taking and acqmnng of an approximate 1 599 acre permanent pubhc utility easement and an approximate 2 328 acre temporary construction easement both located m the W Roark Survey, Abstract No 1087 and in the J Severe Survey, Abstract No 1184, Denton County, Texas, authonzlng the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authonzlng the City Attorney to institute the necessary proceedings in condemnation ~n order to acquire the property necessary for the public purpose of constructing utilities along U S H~ghway 377, and declaring an effective date The following ordinance was considered NO 2000-268 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1 599 ACRE PERMANENT PUBLIC UTILITY EASEMENT AND AN APPROXIMATE 2 328 ACRE TEMPORARY CONSTRUCTION EASEMENT BOTH LOCATED IN THE W ROARK SURVEY, ABSTRACT NO 1087 AND IN THE J SEVERE SURVEY, ABSTRACT NO 1184, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND 1F SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING UTILITIES ALONG U S HIGHWAY 377, AND DECLARING AN EFFECTIVE DATE Burroughs motioned, Cochran seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unammously C~ty of Danton City Council Minutes August 15, 2000 Page 15 32 Thls ~tem was pulled from consideration 33 The Council considered adoptmn of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a Professmnal Services Agreement with SIGCORP Communleat~on Services, Ine for consulting services pertalmng to the preparation of an independent feas~blhty evaluation respecting telecommunications, dark fiber, and bandwidth issues for Denton MUnmlpal Electric, authorizing the expenditure of funds therefore, and providing an effective date The following ordinance was considered NO 2000-269 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SIGCORP COMMUNICATION SERVICES, iNC FOR CONSULTING SERVICES PERTAINING TO THE PREPARATION OF AN INDEPENDENT FEASIBILITY EVALUATION RESPECTING TELECOMMUNICATIONS, DARK FIBER, AND BANDWIDTH ISSUES FOR DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Knstoferson motioned, Durrance seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochrma "aye", Dun'mace "aye", Krlstoferson "aye", and Mayor Brock "aye" Motion earned unammously 34 The Council considered adoption of an ordinance of the City of Denton, Texas approving an amendment to the ex~stlng interim wastewater treatment servmes contract between the City of Denton, Texas and the Upper Tnmty Regional Water D~stnct heretofore executed on November 20, 1990, extending the term thereof for ma additional s~x month period, authorizing the C~ty Manager to execute smd amendment, prowdlng for retroactive effect of smd amendment, and providing ma effective date The following ordinance was considered NO 2000-270 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO THE EXISTING iNTERIM WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON NOVEMBER 20, 1990, EXTENDING THE TERM THEREOF FOR AN ADDITIONAL SIX MONTH PERIOD, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT, PROVIDING FOR RETROACTIVE EFFECT OF SAID AMENDMENT, AND PROVIDING AN EFFECTIVE DATE City of Denton Ctty Cotmcfl Minutes August 15, 2000 Page 16 Durrance motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unammously 35 The Cotmcll considered adoption of an ordinance of the C~ty of Denton, Texas approwng a Tower Lease Agreement for the attachment of personal commumcat~ons services transmitting and rece~wng eqmpment on the Bronco Water Tower and the McKenna Park Radio Tower owned by the C~ty, by and between the C~ty of Denton and Cook Inlet/Vo~ceStream PCS, L L C, and prowd~ng an effective date The following ordinance was considered NO 2000-271 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A TOWER LEASE AGREEMENT FOR THE ATTACHMENT OF PERSONAL COMMUNICATIONS SERVICES TRANSMITTING AND RECEIVING EQUIPMENT ON THE BRONCO WATER TOWER AND THE MCKENNA PARK RADIO TOWER OWNED BY THE CITY, BY AND BETWEEN THE CITY OF DENTON AND COOK INLET/VOICESTREAM PCS, L L C, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Durrance seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motmn earned unammously 36 The Cotmcll conmdered adoptmn of an ordinance of the City of Denton, Texas, authorizing the C~ty Manager to execute a Pole Attachment Agreement between the C~ty of Denton, Texas and Metncom, Inc, anthonzmg the expenditure of funds therefore and the collection of rents therefrom, and prowd~ng an effective date The following orthnance was considered NO 2000-272 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A POLE ATTACHMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND METRICOM, INC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND THE COLLECTION OF RENTS THEREFROM, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motmn camed unammously 37 The Cotmcfl considered approval of a resolutmn of the C~ty Couned of the C~ty of Denton, Texas placing a proposal on the September 5, 2000 C~ty Council Pubhc meeting Agenda to adopt a 2000 tax rate that will exceed the lower of the rollback rate or 103 percent of the City of Denton City Council Mmutes August 15, 2000 Page 17 effective tax rate, calling a public heanng on a tax increase to be held on August 29, 2000, requmng pubhcat~on of a Notice of Pubhc Heanng on a tax increase in accordance with the law, and providing an effective date The following resolution was considered NO R2000-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 5, 2000 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2000 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR 103 PERCENT OF THE EFFECTIVE TAX RATE, CALLING A PUBLIC HEARING ON A TAX INCREASE TO BE HELD ON AUGUST 29, 2000, REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A TAX INCREASE IN ACCORDANCE WITH THE LAW, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unammously 38 The Council received a report, held a discussion, and gave staff d~recUon regarding the 2000-2001 operating budget and the 2001-2005 Capital Improvement Program Kathy DuBose, Assistant City Manager for Finance and Mummpal Services, asked for d~rectlon from Council on the solid waste issues Krlstoferson motioned, Beasley seconded to proceed with Option #2 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", and Mayor Brock "aye" Motion earned unammously 39 The Council considered adoption of an ordinance authorizing the C~ty Manager to enter ~nto a Professional Services Agreement w~th D~versffied Utihty Consultants, Inc to provide testimony as expert w~messes and related consulting services in the C~ty of Denton vs Texas Utflmes Company, et al, ht~gaUon authorizing the funds therefore, prov~&ng retroactive effect, and providing an effective date The following ordinance was considered NO 2000-273 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC TO PROVIDE TESTIMONY AS EXPERT WITNESSES AND RELATED CONSULTING SERVICES IN THE CITY OF DENTON VS TEXAS UTILITIES COMPANY, ET AL, LITIGATION AUTHORIZING THE FUNDS THEREFORE, PROVIDING RETROACTIVE EFFECT, AND PROVIDING AN EFFECTIVE DATE C~ty of Denton City Council Minutes August 15; 2000 Page 18 Durrance motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unanimously 40 The Council considered nominations~appointments to the City's Boards and Commissions There were no nommatIons/appolntmcnts made at this meeting 41 New Business There were no items of New Busmess suggested by Council Members for future agendas 42 Items from the City Manager City Manager Jez d~d not have any items for Council 43 There was no continuation of Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act 44 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act With no further business, the meeting was adjourned at 12 l0 a m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 22, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, August 22, 2000 at 5 15 p m in the City of Denton Council Work Session Room, Denton City Hall PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 The Council considered the following m Closed Meeting A Dehberatlons Regarchng Certain Public Power Utilities Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** Dehberatlons Concerning Real Property --- Under TEX GOV'T CODE Section 551 072 Consultation With Attorney -~- Under TEX GOV'T CODE Section 551 071 (1) Received reformation from Staff, discussed, deliberated, considered, and provided Staff with threctlon respecting the valuatlun of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, w~thout hmltatlon the Cnbbons Creek generation faethty located in G-rimes County, Texas, the Spencer generation facllaty 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 Conduct a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a pubhc meetmg would conflict with the attorneys' duties and professional responsibilities to their ehent under the Texas Disciplinary Rules of Professaonal Conduct Special Called Session of the City Council on Tuesday, August 22, 2000 at 6 00 p m in the Council Chambers at City Hall 1 The Council received a report, held a pubhc heanng, and held a dascuss~on regarding the future of Central Fire Station The Mayor opened the public heanng The following lnchvlduals spoke dunng the public heanng Carol Radens, 1204 Amhurst, Denton, 76201 - favor of new station, not destroy old station Ross Chadwick, Fire Chief, mede a presentation regarding the options available for Central Fire Station as noted in the agenda materials He reviewed the information gathered from the surveys regarding the options and indicated that they would continue taking the information until the end of the week Thus far, the overwhelming majority of responses were in favor of Option Three The public heanng continued after Ctuef Chadw~ck's presentation City of Del~ton City Council Minutes August 22, 2000 Page 2 Tim Charles, 36 Oak Forrest Ctrcle, Denton, 76205 - representing the Greater Denton Arts Council Board - consider use of new fire station for pubbc use and alternatives for the current bmldmg, make outside of bmld~ng compatible w~th Center for Vmual Arts, place pubhc art on grounds Sue Burt, 216 W Oak, Denton, 76201 - fire station should stay ~n downtown square area - optton 2 Ken Gold, 2512 Natchez Trace, Denton, 76201 - favor of optaon 3 - consider drive-through at station Mtke Holdsclaw, 1812 Audra Lane, Denton, 76209 - favor of option 3 John Schrader, 1910 Mmn Marion, Denton, 76209 - favor of option 3 but put a fire zone on one sxde of Hickory Street and flaslung red light controlled by Fire Department on Locust Street The followmg speaker card was submitted James Fykes, 2217 Holly H~ll, Denton, 76205 - favor of option 3 The Mayor closed the pubhc heanng Mayor Brock ~ndlcated that this ~ssue was part of the Council's budget decision process and a final determination would be made m the next few weeks 2 There was no officml actaon on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act The Special Called Session was adjourned at 6 35 p m Following the completion of the Special Called Session, the Councd convened into a Work Session ~n the C~ty Cotmcll Work Session Room 1 The Council received a report, held a discussion, and gave staff d~rectlon regarding the C~ty's response to litter, facility mmntenance and s~gnage issues ~dentffied through the Rinse the Bar Campatgn Ed Hodney, Director of Parks and Recreation, stated that Counml had received penodm reports on the progress of the tssues raised during the Raise the Bar Campmgn In particular, the issues rinsed were litter on C~ty property, the appearance of the C~ty buildings, and the need for better s~gnage Recommendations regarding these issues were rewewed and were ~ncluded ~n the agenda materials Staff was requesting d~rect~on on s~gnage proposals Council debated the design of the d~rectlonal s~gns and suggested staff continue finalizing the design 2 The Council held a legislative briefing and ldentfficat~on of issues for the 77th Legislative Session and identification of legmlatlve ~ssues for Texas Mummpal League (TML) Resolutions Dottle Palumbo, Assistant City Attorney, presented an outline of legislative issues for TML resolutions Staff had been working with affiliate orgamzatlons to seek introduction and passage of legmlatlon and as yet had not ~dentffied issues for TML resolutions City of Denton City Council Minutes August 22, 2000 Page 3 Council agreed to continue to momtor the bills that would be presented this year and to work w~th legislators on ~ssues affeetmg Denton 3 The Councd received a report, held a discussion, and gave staff direction regarding potential annexation strategy options for the Ryan/Country Club Road area Doug Powell, Director of Planmng and Development, stated that Council directed staff to pursue a broad annexation strategy for the Ryan/Country Club Road area The need for coordinated transportation servmes to the Ryan Elementary School and a potential voluntary annexation petition and proposed development for the Weatherford tract were the reasons this issue was brought forward to Council The Ryan Elementary and Weatherford parcels were not contiguous to the c~ty hm~ts and could not be annexed by the city given current eondmons Staff completed a prehmmary analysis of the area and ~dentffied several parcels to be considered for annexatmn Staff was recommending annexation of those properties as identified an the agenda materials Council d~seussed the pros and cons regarding annexing these areas There was a feeling that there needed to be a consensus of the Council in favor of annexing the property before beginning the process as a super majority vote of the Council would be needed to pass any annexation ordinance Consensus of the Council was to begin annexanon procedures for the properties identified 4 ThC Council received a report, held a chscussion, and gave staff direction regarding potential annexatmn strategy optmns for the 1-35W/U S 377 area Consensus of the Council was to beg~n annexation procedures for the properties identffied 5 The Council received a report, held a discussion, and gave staff dlrectmn regarrhng the 2000-20011 operating budget and the 2001-2005 capital improvement program Kathy DuBose, Assistant City Manager for Flnance/Mumclpal Services, stated that Council had received answers to questions asked at the last budget session She asked if Council had any further questions regarding the budget 6 The Council received a report, held a d~scuss~on, and gave staff direction regarding an mrport development strategy Mark Nelson, Au'port Manager, stated that staff met with the Texas Department of Transportanon Awat~on D~ms~on to d~scuss proposed mrport inlSastmcture projects Staff was requesting that TxDOT consider the Denton Mumc~pal Airport a candidate for a proposed mr traffic control tower match grant program to be developed dunng the fiscal year 2001 Staff and the Airport Admsory Board were recommenrhng Option 1 that was to approve the development strategy as presented This option would promde needed improvements to the infrastructure and operations at the Airport at a s~gmficant reduction in local and state expenrhtures If the strategy was successful, TxDOT could approve ftmdmg of a joint use facility at the end of fiscal year 2001 The planmng and design phase would begin ~mmedmtely after The $500,000 approved in the January 15, 2000 CIP Bond elect~on would be used for two matching grant programs - $250,000 for a proposed tower and $250,000 for a state mrport terminal grant program $80,000 would be applied toward additional C~ty ofDertton C~ty Council Minutes August 22~ 2000 Page 4 planning documentation necessary for the proposed runway extension Consensus,of the Council was to proceed w~th the recommended staff strategy in Option 1 W~th no further business, the meeting was adjourned at 9 40 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 23, 2000 Joint Meeting of the City of Denton City Council and the Denton Independent School Dmtnct Board of Trustees on Wednesday, August 23, 2000 at 12 noon in the Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, and Knstoferson ABSENT Council Members Durrance and Young 1 Call to Order, Announce Quorum Mayor Brock announced a quorum of the Council was present and called the meeting to order 2 The Council received an update and held a d~scusslon on the Natatorium / Aquatic Center Joint ProJect Janet Simpson, Assistant Director for Parks and Recreation, stated that the interviews with the consultants for the concept design were completed Stakeholders meetings would be held as well as several public hearings on the project beginning in October 3 The Council received an update and held a discussion on the Outdoor Education Center Ray Braswell, DISD Supenntendent, presented a chronology of dates and events that would be happemng regardang the Outdoor Education Center This program could be blended with other areas such as the arts Howard Martin, Assistant City Manager for Utilities, presented a powerpoint presentation showing a visualization of the proposed development of the Center It was suggested that an advisory committee be formed to assist with the development of the Center Consensus was that the advisory committee would be made up of the Council Members and Board Trustees with other members being added as needed with particular expertise 4 The Council received a report and held a discussion regarding integrating new employees into the community Ray Braswell, DSID Supenntendent, stated that many of the District's new employees were needing information about Denton in order to help them better integrate into the community It was suggested that the Human Resource Departments of both entities work towards presenting information to new employees on the social opportunities avmlable in Denton Council Member Durrance amved at the meeting 5 The Council received a report and held a discussion regarding the DISD Accountability Rating City of De~aton City Council Minutes August 23, 2000 Page 2 Ray Braswell, DISD Supenntendent, presented the DISD Accountability ratings that were recently released by the State He stated that th~s item and the next really went together These issues wer~ strong economm factors when people were looking at Denton as a place to locate 6 The Council received a report and held a dmcusslon regarding comparable school districts discussion' Taxable Value - to - Student Ratios Tlus item was considered with Item #5 7 The Council received an update and held a discussion regarding the Ryan Elementary School progress a DISD / City Coordination b Annexation Issues Dave Hill, Assistant City Manager for Development Services, stated that there were continued negotmtlon and coordination between the City and the DISD relative to thru project Three main ~ssues were utility reqmrements, inspections of the construction project, and annexation of the s~te He mdmated that the Council had directed staff to begin the annexation process for this piece of property 8 The Council received an update and held a discussion regarding traffic Slgual warrant Hickory Creek Road at Teasley Jerry Clark, Director of Engmeenng and Transportation, stated that traffic counts had been done on this comer for several years As this was a state road, a standard had to be met that the intersection still lacked If submitted, it would take 3-4 months to get approved 9 The Council received an update and held a d~scusslon regarding PD-16 (RNW Addition) and Archer property development proposals Dave Hill, Assistant City Manager for Development Servmes, stated that there was no formal applications for either of these properties at this time l0 The Council received an update and held a dlscuss~on regarding the Denton Plan and Development Code Rewrite projects Dave Hill, Assistant C~ty Manager for Development Services, presented the DISD with a copy of the Denton Plan 11 The Council received a report and held a discussion regarding state legmlat~ve issues Dottle Palumbo, Assistant City Attorney, rewewed the legislative process in assoemt~on with the Texas Mummpal League She noted possible legislative ~ssues as reviewed by the Council at ~ts meeting ofAugust 22nd Those issues were included m the agenda back-up materials C~ty of Denton City Council Minutes August 23, 2000 Page 3 Curtis Ramsay, DISD Trustee, reviewed some of the legislative issues that were of concern to the DISD 12 With no further business, the meeting was adjourned at 3 15 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 29, 2000 After determ~mng that a quorum was present and convening ~n an Open Meeting, the Cxty Council convened m a Closed Meetmg on Tuesday, August 29, 2000 at 5 15 p m ~n the Councd Work Session Room PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 Closed Meetmg A Dehberatxons Regardxng Certmn Pubhc Power Utfl~txes Competxtxve Matters --- Under TEX GOV'T CODE Section 551 086 ** 1 Received a presentation and mformatxon from Staff pertmmng to the Denton Munm~pal Electric ("DME") proposed annual budget for the fiscal year 2000-2001 and the updated capxtal ~mprovement plan, as they relate to DME, consisting of compet~tave electric and commercial ~nformatxon relating to the detmls of the present and future operatxonal and financml plans and strategies of DME D~scussed, dehberated, prowded Staff w~th further d~rect~on, considered, and took action regardmg such budget and capxtal ~mpmvement matters respecting DME B Consultation W~th Attorney --- Under TEX GOV'T CODE Sectxon 551 071 1 Considered and dascussed possxble settlement authority of ht~gat~on styled Truman and Carole Harp v C~ty of Denton, Cause No 98-30822-211, currently pendmg m the 393rd D~stnct Court of Denton County, Texas C Dehberatxons Regardmg Real Property -- Under TEX GOV'T CODE Section 551 072 1 Considered real property acqms~t~on ~ncludang real property value for a potentml pubhc hbrary s~te, 4 07 Acres ~n the B B B & C R R Co Survey, Abstract Number 186, Denton County, Texas Special Called Meetmg of the Cxty of Denton C~ty Councxl on Tuesday, August 29, 2000 at 6 00 p m ~n the Council Chambers at C~ty Hall 1 The Council held a pubhc heanng and recexved c~tlzen xnput on the 2000-2001 proposed budget The Mayor opened the pubhc heanng The following xndavtdual spoke dunng the public heanng T~m Crouch, 2312 Parks~de Drive, Denton, 76201 - favor The Mayor closed the pubhc heanng City of Denton City Council Mnnutes August 29, 2000 Page 2 2 The Council held a public heanng on a proposal to adopt a tax rate of 52815 per $100 valuation, whmh would exceed the lower of the rollback rate or 103 percent of the effective tax rate The Mayor opened the public hearing No one spoke dunng the pubhc heanng The Mayor closed the pubhc heanng 3 The Council considered approval of a resolution of the C~ty Counml of the C~ty of Denton, Texas announcing that ~t will vote on a tax rate at its regularly scheduled meeting of September 5, 2000, providing for pubhcatlon of not,ce of such vote on the tax rate, and providing an effective date The following resolution was considered NO R2000-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY SCHEDULED MEETING OF SEPTEMBER 5, 2000, PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE, AND PROVIDING AN EFFECTIVE DATE Cochran motioned, Beasley seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 4 The Council received a report, held a dlscuss~on, and gave staff d~rectlon regarding the 2000-2001 operating budget and the 2000-2005 capital improvement program Council discussed the various aspects of the budget ~ncludmg the sales tax rate, the property tax rate, and total city expenditures Council Member Cochran proposed to have an additional work session dunng the week to discuss the budget one final t~me for a consensus prior to the next meeting to mmntam the budget calendar Mayor Brock stated that two further mtlzen requests had been received to speak on the budget Cochran motioned, Burroughs seconded to reopen the pubhc heanng on the budget On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously The Mayor reopened the public heanng C~ty of Denton C~ty Council Mnnutes August 29, 2000 Page 3 Shek Smith, 2100 Redwood, Denton, 76201 - concern about the condition of Mayhfil Road T~m Charles, 36 Oak Forrest Circle, Denton, 76205 - favor of proposed budget The Mayor closed the pubhc heanng The Council discussed the possxbfl~ty of a Friday work session regarding the budget but as the meeting would have to be posted 72 hours m advance, placing the meeting on Friday evemng, the suggestion was dropped Young motioned, Beasley seconded to proceed w~th Option 3 for Central F~re Station w~th the understanding that further options would be looked at regar&ng the d~spos~t~on of the present building On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously Young motioned, Beasley seconded to d~rect staff to continue prepanng the budget as proposed for Council consideration On roll vote, Beasley "aye", Burroughs "aye", Cochran 'haay", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed with a 5-2 vote 5 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act W~th no further business, the meeting was adjourned at 7 55 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS Agenda No Agenda Item AGENDA INFORMATION SHEET AGENDA DATE September 5, 2000 / DEPARTMENT. City Manager's Office /~/ CM' Michael W Jez, City Manager~rt SUBJECT Consider adoption of an ordinance of the C~ty of Denton, Texas, granting, pursuant to Section 20-1 (c)(2) of the Code of Ordinances of the C~ty of Denton, Texas an exception to the hm~tat~ons ~mposed by that section with respect to hours of operation of an amphfied loudspeaker system, and providing an effecttve date (Cowboys for Codl Rodeo) BACKGROUND Cowboys for Codl, Incorporated has requested that the City Councd grant an exception to the noise ordinance for their annual rodeo and barrel races The City has granted an exception for the Cowboys for Cod~ Rodeo act~mttes in 1997, 1998, and 1999 Held at the North Texas Fmrgrounds, the events requmng an exception to the noise ordinance are traditionally planned for three days over two weekends (one weekend includes a Friday N~ght) ~n September The events trad~tmnally ~ncluded rodeo, barrel race, and entertainment The 3-year exception wall cover the 2000, 2001, and 2002 Cowboys for Cod~ Rodeo act~wt~es This year's activities are scheduled for Friday, September 8th, Saturday, September 9th, and Saturday, September 23 and wall take place ~n North Texas Fairgrounds The act~wtles planned for September 8th are from 8 00 p m to 1 00 a m and on September 9th are from 7 00 p m to 1 00 a m will include the Cod1 Memorial Rodeo On Saturday, September 23rd, the events include a Barrel Race The Police Department recorded three d~sturbance calls in conjunction w~th the event, two in 1999 and one ~n 1998 The Pohce Department also reported ~n each instance Cowboys for Cod~ responded by lowenng the volume The mmn source of the nmse will come from the use of amphfied sound for the purpose of making announcements ~n conjtmct~on voth the rodeo events The surrounding area consists mmnly of res~dentml neighborhoods and businesses (Attachment 2) Th~s event has been held for the past three years at the North Texas State Fmrgrounds and there have been no complmnts from the surrounding nmghbors Cowboys for Codl Noise Exception September 5, 2000 Page 2 As you know, the no~se ordinance declares loudspeakers, amplifiers, and musical Instruments a noise nuisance, particularly after l0 00 p m Monday through Saturday and anytime on Sunday (Attachment 4) The ordinance does, however, provide that the City Council may make exceptions when the public ~nterest is served The organizers have been informed that should Council approve this request, responsible use of amphfied sound ~s stall reqmred by Section 20-1 of the City of Denton Code of Ordinances In partmular, Section 20-1(a) states It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary no~se which causes or may cause material distress, d~scomfort or injury to persons of ordinary sensibIhties in the immediate VIclmty thereof Options 1 Ordinance can be approved 2 Grant an one year Noise Exception 3 Noise Exception can be denied PRIOR ACTION/REVIEW (Council, Boards, Commissions) An Exception to the Noise Ordinance has been granted to Cowboys for Cod~ Rodeo and Barrel Races on August 19, 1997, September 1, 1998, and September 7, 1999 FISCAL INFORMATION None Respectfully Submitted Betty Wil~ams D~rector, Management and Pubhc Information Prepared by , Rodn~ey ltchel~ Management Assistant Attachments 1 Request 2 Map ol the area 3 Noise Ordinance 4 Proposed Ordinance 2 Aug-16-O0 11:19A Rutledge Wood P~oducts 940-380-9015 P.02 To whom ~t may concern; We are contacting you in an effort to be put on the next City Council meeting agenda. We are requesting to have the noise variance lifted to l 00 AM on September 8 & 9, 2000 and on September 23, 2000 for the 5"' Annual Cowboys for Codi Memorial Rodeo and Barrel Race The rodeo will begin at 8:00 PM on Friday, September 8, 2000 and at 7'00 PM on Saturday, September 9, 2000. We will begin the Barrel Race on September 23, 2000 at 700: PM. We would like to thank you for your support ~n the past and we look forward to seeing you this year Thank you, Deanna Rutlcdge ~ ~ Chapter 20 NUISANCES* Art. I. In General, §§ 20-1--20.30 Art. II. Abandoned Property, §§ 20-31--20-70 DIv 1 Generally, §§ 20-31--20-40 Div 2 Motor Vehicles, §§ 20~41--20-70 Art. III. Grass and Weeds, §§ 20-71--20-73 ARTICLE 1. IN GENERAL Sec. 20-1. Noise. (a) It shall bo unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause materml distress, discomfort or injury to persons of ordinary sensibilities in tho immediate vicinity thereof (b) It shall bo unlawful for any parson to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities (c) Tho following acts, among others, ara declared to be noise nuisances m v~olatlon of this Code, but such enumecation 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 tho quiet, comfort or repose of persons of ordinary senslbdities in any dwelling, hotel or other typo or residence, (2) Tho uso of any stationary loudspeaker, amplifier or musical instrument In such manner or with such volume as to annoy or disturb persons of ordinary sens~bdltles in the immedmto vicinity thereof, particularly between tho hours of 10 00 p m and 7 00 a m, or tho operation of such loudspeaker, amplifier or musical instrument at any time on Sunday, provided, however, that the city council may make exceptions upon application when the public interest will be served thereby, (3) The blowing ofany steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to g~ve notice of the time to begin or stop work or as a warning of danger, (4) Tho erection, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 6.00 a m and 8'30 pm. Monday through Friday from Juno 1 to September 30; between 7 00 a m and 8 30 p m Monday through Friday from October 1 to May 31, between 8 00 a m and 8 30 p m on *Cross references-Protected migrator~ bird roosts declared nuisance, § 6-87, inspec- tion and abatement warrants, § 19-80 et seq; insect and rodent control in mobile home and recreational vehicle parks, § 32-91 SuppNo6 1389 5 ~atur~lay; n.d b.twee. 1 O0 I~ m nmi 8,30 I~ mu. 8umlny, provi~led, I~owever ti,at city em.tell lany lneue .l)ecJ.I I)erlilite fur eLlcll work aL t~tl~er IJoure ill coco ur urgpllt .ecennity nlld J~l tl~e i~,Lt, l~,nt or public e.rety m~d (~) The c]entiu, oF noy Iou~l nmi oxceeeJvo lloleo Jst c.m,ectlu,~ wltl, tl)o Ion~lJltlt or u.l.n~li.g ur n~y vol,icle or tho ol~o.l~tg ur deetructio, of b.len, boxee, crates ur cu.tolaere; (G) Tim tlflo of ally tlrtllll, IotldSl)oulter or oliver jlletfUIliOllt or ,lovico for tl~e purla)SO .ttlncLh,g uttelztioll I)y tl~o crelltiult of itoJeee to ii11~ I)of[orlltallCO, O]lOW, aiotio, pJctttro lloliee, cole of lllorcllnmlleo or dlepJ.y wliiclt cauuee crowdn or I~eol~le to I~l.ck or cmigrefi~ite ~po. tim eldewnlke or 8treete .ear or n~ijnce.t tl~eleto (:aosq lefere.c~i.~ul .ul~e, ~ 6 2~ S ',Our Documents\Ordlnanc~\00\cowboys for codl 2000 3-yr exp doe ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PURSUANT TO SECTION 20- 1(c)(2) OF THE CODE OF ORDNANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Section 20-1(c)(2) of the Code, Cowboys for Codl, Inc has made application to the City Council for an exception to the provision of that same section restricting the operation of amplified loudspeakers after 10 00 p m, m connection w~th the Cowboys for Codi Memorial Rodeo and Barrel Races annual event held at 2217 N Carroll Blvd, North Texas State Fairgrounds, and m connection with said request, has requested the exception to be granted on an ongoing basis for smd annual event at smd location for three days dunng the month of September of each year, and WHEREAS, upon pnor application and approval by the City Council of the City of Denton, Texas, Cowboys for Codl, Inc has consistently demonstrated over the past three years an ability to responsibly operate amplified loudspeakers in connection with Cowboys for Codl Memonal ,Rodeo and Barrel Races annual event held at 2217 N Carroll Blvd, North Texas State Fmrgrounds, at 'ames past the hours defined in §20-1(c)(2) of the Code, w~th~n the public interest and without materially disturbing persons of ordinary sensibilities in the immediate vmimty thereof, and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for tlus annual event on an ongoing basis for a three-year period, subject to the restnc'aons contained herein, would serve the public interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTI~ON 1 That, pursuant to §20-1(c)(2) of the Code of Ordinances Cowboys for Codl, Inc ~s hereby granted an exception to this section's 10 00 p m limitation upon the operation of amplified loudspeakers, subject to the conditions hsted below 1 This exception is granted only m connection with the operation of the Codl Memorial Rodeo and Barrel Races annual event 2217 N Carroll Blvd, North Texas State Fmrgrounds, three days dunng the month of September of each year 2 Cowboys for Cod~, Inc agrees to take full responsibility for ensunng that the conditions of th~s exception are met, and to take all reasonable measures necessary to avoid d~sturbmg persons of ordinary sensibilities in the immediate vmlmty of the event 3 Cowboys for Codl, Inc agrees to cease using amphfled loudspeakers at 12 00 rmdmght Monday through Thursday, 1 00 a m Friday and Saturday and 11 00 p m on Sunday S \Our Documents\Ordmances\00\cowboys for cod12000 3-yr exp doc 4 Under no circumstances shall the annual event employ the use of amphfied loudspeakers between the hours of 1 00 a m and 7 00 a m 5 Tins ordinance confers no personal or property rights, and may be amended, modffied, superseded or revoked m whole or m park at the will of the C~ty Council of the C~ty of Denton, Texas, without any advance warning, heanng or compensation, for any reason at all, or for no reason 6 Tins or&nance shall be smctly construed as an exception granted pursuant to §20-1(c)(2) of the Code of Orthnances of the C~ty of Denton, Texas The C~ty of Denton, Texas expressly reserves unto ~tself and all other persons any and all legal reme&es, c~ml or criminal, relating to excessive nmse in connection w~th this annual event, and hereby &scla~ms any promissory or equitable estoppel winch m~ght ~n any way ~mpede the pursuit of such reme&es by any person SECTION 2 That ttns ordinance shall become effective ~mmedmtely upon 1ts passage and approval, and expire three years hence, unless sooner repealed, mo&fled or rescinded PASSED AND APPROVED tins the __ day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ADenda No /'//'~- ~/-// -- Aoenda Item Date AGENDA INFORMATION SHEET AGENDA DATE. September 5, 2000 DEPARTMENT: Fiscal & Municipal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services ACM SUBJECT Consider approval of a tax refund to Roy J Roy The 1999 tax was prod twice, resulting in 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 in excess of $500 00 The 1999 property tax for Roy J Roy was prod twine The Tax Office received a payment from homeowner ~n the mount of $587 33 and a payment for the same amount from homeowner's mortgage, resulting m an overpayment of $587 33 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $587 33 Respectfully submitted Diana Ort~z D~rector &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 OF~FICE CITY OF DENTON Present mailing address (n~mber and street) $01 E HICKORY SUITE F City town or post office state ZIP code Phone (area code and number) DENTON, TX 76205 (940) 349-8318 1'o apply for a tax refund, the taxpayer must complete the following Step 1 ROY J ROY Present Mad~ng Address (number and street) ~)wner's name 1409 DEER TRAIL City. town or post Office, state. ZIP code Phone (area code and number) .~.nd address DENTON. TX 76205-5140 Step 2 Legal descnpbon (or attach copy of the tax bill or tax receipt) 3escnbe THE WOODLANDS OF TOWNSHIP 2, BLOCK B, LOT 17 :he property Address or location of property 1409 DEER TRAIL Account number of property Tax receipt number 116768 OR 9907050098 Name of Taxing Year Date Amount Amount Und From Which For Which Refund Of The Of Of Tax Refund Refund is Required Is Requested Tax Payment Taxes Pa~d Requested Step 3 City of Denton 1999 10/5/99 $ 587 33 G~ve the tax City of Denton 1999 1/25/00 $ 587 33 $ 587 33 payment ~nformatlon Taxpayer's reason for refund ( attach supporting documentation) '1999 taxes were paid twice *1 hereby apply for the refund o?~abov~descnbe~ taxes and certify that the Information I have 9,ven on Step 4 th~s form ~s true and corre~o th~ b'~_~of~n}, knowl~fge and behef * 5ignatur~ ~ ~ ~ I uate ct application tor tax retund S,gn the forms,gnhere ~ --L ~%~ ~ 7 -- ~-~ Any pemon who makes a false ent~ u~ the foregoing record shall be subject to one of the following penalhes I Imprisonment of not more that the 10 years nor less than 2 years and/or a hne of not more than $5 000 or both such fine and ~mpnsonment 2 Confinement ~n ja~l for a term up to 1 year or a hne to exceed $2 000 or both such fine and ~mpnsonment as set fo~h ~n Section 37 10 Penal Code ~FOR OFFICE USE oNLy ~ .... , , This ta~ re, nd is ~~Orev*d [ ] D,sa.provod ~Step 5 = A~th0~~~ Dat;/~ ~ ~Tax refund s~gn ~dete~mation here ~ ~ 0 o 2 3 ' Agenda Item Date O AGENDA ]'NFO]~J~ATION SHEET AGENDA DATE: September 5, 2000 DEPARTMEN~r: Fiscal & Mumclpal Servlcesfrax ACM Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services SUBJECT Consider approval ora tax refund to Cleopas Angaye The 1999 tax was paid twice, resulting in an overpayment BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds ~n excess of $500 00 The 1999 property tax for Cleopas Angaye was prod twice The Tax Office received a payment from homeowner m the amount of $574 06 and a payment for the same amount from Fleet Mortgage for Cleopas Angaye, resulting m an overpayment of $574 06 All documentation necessary for refund ~s attached FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $574 06 Respectfully submitted D~rector of F~scal Operations Prepared by Carolene Folse Revenue & Tax Analyst APPLICATION FOR TAX~ REFUND Collecting office name~'J~,~i ~ ~ U ~U00 Collecting tax for (taxing units) CITY OF DENTON TAX OFFICE CiTY OF DENTON Present mailing address (Lumber and street) 60t E HICKORY SUITE F city, town or post office, s~ate, zip code Phone (area code and number) DENTON, TX 76205 940) 349-8318 To apply for a tax refund, the taxpayer must complete the following Step 1 ~LEOPAS ANGAYE Present Mailing Address (number and street) Owner's name 3501 PHEASANT HOLLOW City, town or post office, state, ZIP code Phone (area code and number) and address :)ENTON, TX 75207-7428 Step 2 Legal description (or attach copy of the tax bill or tax receipt) Describe COOPER CROSSING SEC I, BLOCK H, LOT 1 Ihe property Address or Iocebon of property 3501 PHEASANT HOLLOW Account number of property Tax receipt number 102954 OR 9903290255 N~me of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund is Requ~rod Is Requested Tax Payment Taxes Paid Requested Step3 1 Clt7 of Denton 1999 11/12/99 $ 57406 Give the tax 2 Clt~ of Denton 1999 12/29/99 $ 574 06 $ 574 06 ;)ayment 3 ~nformabon 4 5 Taxpayer's reason for refund ( attach supporting documentabon) '1999 taxes were paid twice *1 hereby apply for the refund of the above-descnbed taxes and cerbfy that the mformat~on I have g~ven on thru Step 4 form ~ true and correct to t~ best of my knowledge and. behef * ~lgnature ~,,~/ / Uate ol' appllcetlon mr tax retuncl Sign the form ~,egr~m .?~~,/ 7 i~Z~ /~ Any person whd ma~a false entry upon the foregoing record shall be subject to one of the following penalbes I 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 ~mpnsonment, 2 Confinement ~n jad for a term up to 1 year or a fine to exceed $2,000 or both such fine a~d impnsonment as set forth m Section 37 10, Penal Code =OR OFFICE USE ONLY This tax refund ia [~Z~p~ [-"---'"--~Disapproved Step 5 Authorizes officer Date Tax refund signm ~___~~~ determ,nation hers // ~ Ob 2 3 ^Denda Item Date ~/~-/~,"'~ AGENDA INFO~ATION SHEET ~ AGENDA DATE: September 5, 2000 DEPARTMENT: Fiscal & Mumc]pal Services/Tax Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services ~ ACM SUBJECT Consider approval of a tax refund to T~tle Resources for Wayne & Beverly Beeler The 1999 tax was prod 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 Wayne & Beverly Beeler was pad twice The Tax Office received two payments in the amount of $1,103 91 from T~tle Resources and from a mortgage company for Mr & Mrs Boeler, resulting in an overpayment of $1,103 91 All documentation necessary for refund ~s attached FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $1,103 91 ~submltted Diana Ort~z D~rector of F~scal Operations Prepared by Carolene Folse Revenue & Tax Analyst APPLICATION FOR TAX REFUND Collecting office name d U L 2 0 2{388 Collecting tax for (taxing units) CITY OF DENTON TAX OFFICE CITY OF DENTON Present mailing address (number and street) 60t E HICKORY SUITE F City, town or post office, state, ZIP code Phone (area code and number) DENTON, TX 76208 (940) 349-8318 To apply for a tax refund, ~he taxpayer must complete the following Present Mailing Address (number and street) Owner's name 3305 FORRESTRIDGE DR C~ty, town or pcet office, state, ZIP code IPhone (area code and number) end address DENTON, TX 76205-8573 Step 2 Legal descoption (or attach copy of the tax bill or tax receipt) Descnbe FORRESTRIDGE SEC 2, BLOCK A, LOT 18 the proper~ Address or Iocebon of properly 3305 FORRESTRIDGE DR Account number of property Tax reco~pt number 075070 OR 9903290250 Name of Taxing Year Date Amount Amount Umt From Which For Which Refund Of The Of Of Tax Refund Refund Is Required Is Requested Tax Payment Taxes Paid Requested Step 3 Cit7 o~' Denton 1999 11/18/99 $ 1,103 91 Give the tax 2 Clt~ of Denton 1999 12129/99 $ 1,103 91 $ 1 103 91 payment 3 ~nformation 4 5 Taxpayer's reason for refund ( attach supporbng documentation) '1999 taxes were paid twloe *1 hereby apply for the refund of the above-descnbed taxes and certify that the ~nformabon I have g~ven on th~s Step 4 form ~S true and correct to the best of_my knowledge and behef * ~ ~1 at Slgn theform sign I~k~;~a,~'~f ~9 /~'~ ',,~ '/ uateotapplicationrortaxroruna here ml~ (..x../C,r-/~/C.~- ~ ~ Any parson who makes a false entry upon the foregomg record shall be subject to one of the following penalties I Imprisonment of not more that the 10 years nor less than 2 years and/or e fine of not more than $5,000 or both such fine and ~mpnsonment, 2 Confinement in jad for e term up to 1 year or a fine to exceed $2,000 or both such fine and imprisonment as set forth m Section 37 10, Penal Code FOR OFFICE UaE ONLY This tax refund la r-----~Approved L JDlsapproved Step 5 ~ AuthoIl/.e~ /-- Data determination here ~ _ 2 3 Agenda Item _ AGENDA IN] O ATION SHEET AGENDA DATE: September 5, 2000 Questions concerning th~s acqmmtlon may be directed DEPARTMENT' Materials Management to Alex Pettlt 349-8562 ACM Kathy DuBose, Fmeal and Mtm~c~pal Services ~ SUBJECT: An Ordinance authorizing the exeontlon of Change Order 2 to the contract for aeqmmt~on, hcensure and maintenance of computer, so~ware and supporting m£onnat~on of the Customer Information System (CIS) between the City of Denton and Hams Computer Corporation, prowdmg for a change in the contract amount, and providing an effective date (RFSP 2102 - CIS Sol'ax, are awarded to Hams Computer Corporation - Change Order 2 m the amount of $31,400) BID INFORMATION. On April 21, 1998, Council awarded a contract to Hams Computer Corporation for a Customer Information System (CIS) m the amount of $300,150 (Ordinance No 98-106) On November 17, 1998, Council approved Change Order 1 to Hams Computer Corporation in the amount of $127,194 Change Order 2 is for an enhancement to provide metenng efficiency and a test system m the amount of $31,400 as described herein System Enhancement - An enhancement is necessary to allow the various metenng areas to adjust the routes and meter order to accommodate physxcal locations of the meters Currently, the electric meter route and walk is defaulted onto the water route and walk This can cause meters to be missed and requires addmonal effort to gather the reformation for billing purposes Test System - All testing of system corrections, adjustments and updates has been performed on hve customer data on our bflhng system This ~s not a recommended or adwsable practice as we risk errs on customer accounts A test system will allow testing of corrections, rate changes, and updates on current data, but not live customer accounts RECOMMENDATION' We recommend change order 2 be approved m the amount of $31,400 and that the contract be rewsed to read $458,744 PRINCIPAL PLACE OF BUSINESS: Hams Computer CorporaUon Hollywood, FL Agenda Information Sheet September 5, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT. Thls change order will be implemented on or about September 30, 2000 PRIOR ACTION/REVIEW (Coun¢ll~ Boards~ Comnnsslons). · Original Contract approved by Council on April 21, 1998, Ordinance No (98-106) · Pubhc Utflxty Board approved the original purchase on January 21, 1998 · Change Order 1 approved by Council November 17, 1998 · Change Order 2 approved by Pubhc Utility Board on August 21, 2000 FISCAL INFORMATION Change Order 2 will be funded from Long Range Technology Plan account (461-044-COMP- 9847-9107) utilizing $11,993 67 available from PO 85198 and $19,406 33 from PO 85198-00 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 85198 to Hams Computer Systems, Inc balance available $11,993 67 Attachment 2 Purchase Order 85198-00 to Harris Computer Systems, Inc $19,406 33 Attachment 3 Quotatton from Hams Computer Systems ATTACHMENT 3 ~OMPUTER 8YSTBM . Avgu~t 9,2000 -- it7 Cemt~otn,~ 1~',~" ~,,'," Te,1 (61.3) Z26..5511 hx (6L3) Z26.3~77 we could ~wnlo~t the us* d~bne ou September 4, ~ u ~~ ~;~ ~ Sohd W~ ~~, l ~ ~Y ~t ~ ~ yo~ ~~, $,,'~,,,,~ 1/aOps this answe~ the quest~ns you had. Flc~c do not hokum to oail ms ~you have shy qucstlolls. We look forwexd to ¥.~dm§ you the ~ools and service you zequire u~ sus,,.~, ~,u cfl%~ent and prol~',able bmuteens, ORDINANCE NO AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER 2 TO THE CONTRACT FOR ACQUISITION, LICENSLrRE AND MAINTENANCE OF COMPUTER, SOFTWARE AND SUPPORTING INFORMATION OF THE CUSTOMER INFORMATIDN SYSTEM (CIS) BETWEEN THE CITY OF DENTON AND HARRIS COMPUTER CORPORATIDN, PROVIDING FOR A CHANGE IN THE CONTRACT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (RFSP 2102 - CI$ SOFTWARE AWARDED TO HARRIS COMPUTER CORPORATION - CHANGE ORDER 2 IN THE AMOUNT OF $31,400) WHEREAS, on 4-21-98, the Clt~ awarded a con~ract for RFSP 2102 - CUSTOMER INFORMATION SYSTEM (CIS) m the amount of $300,150, and WHEREAS, on 11-17-98, the C~ty awarded Change Order 1 in the amount of $127,194 Orchnance No (98-276), and WHEREAS, the City Manager having recommended to the Council that a Change Order 2 be authorized to amend such agreement with respect to the scope and price and smd change order being in compliance with the requirements of Chapter 252 022 of the Local Government Code exempting this sole source acquisition from the competitive bid process, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Change Order 2 increasing the amount of the purchase agreement between the City and HARRIS COMPUTER CORPORATION copy of which ~s attached hereto, in the amount of Thart3' One Thousand Four Hundred and no/100 ($31,400), is hereby approved and the expenditure of funds therefore is hereby authorized The contract amount is amended to read $458,744 SECTION II That this ordinance shall become effective lmmedxately upon its passage and approval PASSED AND APPROVED tlus the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY RFSP 2102 CHANOE ORDER 2 - SOLE SOURCE ORDINANCE Agend~ AGENDA INFORMATION SHEET Date AGENDA DATE' September 5, 2000 Questmns concerning this acqmsmon may be directed DEPARTMENT' Materials Management to J~m Coulter 349-7194 ACM Kathy DuBose, Fiscal and Mumc~pal Services '~ SUBJECT· An Ordinance accepting competitive bids and awarding a pubhc works contract for the construction of corrections for Western Pecan and Cooper Creek, prowdmg for the expenditure of funds therefore, and providing an ¢ffectwe date (B~d 2531 - Inflow/Infiltration Correct~ons for Western Pecan Creek and Cooper Creek awarded to Henderson Construction, LLP m the amount of $683,930) BID INFORMATION' The aging of the sewer mfrastrncture of the Ctty of Denton has resulted m overflows from the collection systems infiltrating into the sewer system W~th the addition of ~nflow and infiltration flows the capacity of the system ~s exceeded which can result m overflows through manholes The correcttons for Western Pecan Creek and Cooper Creek include approximately 10,375 hnear feet of samtary sewer rehabflltahon (6,362 feet ~n Western Pecan Bas~n, and 4,013 feet ~n the Cooper Creek Bas~n) These correeUons are necessary to reduce the amount of ~nflow and infiltration that enter the samtary sewer collection system The reduction ~n mflowhnfiltraUon will ~mprove collecUon system capacity and reduce peak loading at the wastewater treatment plant These corrections will enable the City of Denton to meet xts obhgaUon and comply w~th the pre-negoUated schedule for sanitary sewer system corrections RECOMMENDATION Wc recommend th~s b~d be awarded to the lowest responsible b~dder, Henderson Constructmn, LLP, m thc amount of $683,930 PRINCIPAL PLACE OF BUSINESS: Henderson Constrnctmn, LLP Ft Worth, TX PRIOR ACTION OR APPROVAL: The Pubhc Utility Board considered and approved th~s recommendation on August 21, 2000 ESTIMATED SCHEDULE OF PROJECT: Th~s project ~s scheduled to be substanUally complete by April of 2001 Agenda Information Sheet September 5, 2000 Page 2 FISCAL INFORMATION: This project will be funded from CIP Bond funds Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet Attachment 2 Project Location Map ATTACHMENT 1 TABULATION SHEET # 2531 Date 7/13/00 INFLOW/INFILTRATION CORRECTIONS FOR W PECAN CREEK & COOPER CREEK DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Henderson Intra Rehab Bowles Texas Hall-Albert Construction, Cullum P~pe Inc Constructions Sterling LLP Pnnc~ple Place of Business Haltom C~ty Wmh~ta Falls Ft Worth Ft Worth Ft Worth Dallas SUBTOTAL BID FOR INFLOW INFILTRATION CORRECTIONS FOR W $613,546 00 $1,376,383 00 $550,453 35 $665,538 00 $477,350 00 $713,386 10 PECAN CREEK SUBTOTAL BID FOR INFLOW INFILTRATION CORRECTIONS FOR $275,040 00 $497,070 00 $220,275 80 $225,658 00 $206,580 00 $306,338 80 COOPER CREEK TOTAL BID $688,586 00 $1,873,453 00 $770,729 15 $891,196 00 $683,930 00 $1,019,724 90 BID BOND YES YES YES YES YES YES INFLOW/INFILTRATION CORRECTIONS FOR WESTERN PECAN CREEK AND COOPER CREEK ,-/ / r~ _~, l' --' ~ ~-~- ~- ~!' i WA TER/WASTEWA TER ENGINEERING inch equals 5,000 feet EXHIBIT I ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF CORRECTIONS FOR WESTERN PECAN AND COOPER' CREEK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2531 - INFLOW/INFILTRATION CORRECTIONS FOR WESTERN PECAN CREEK AND COOPER CREEK AWARDED TO HENDERSON CONSTRUCTION, LLP IN THE AMOUNT OF $683,930) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction ofpubhc works or improvements in accordance with the procedures of STATE law and City ordinances, and, WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and spemficatlons therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction ofpubhc works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2531 Henderson Construction, LLP $683,930 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution ora written contract and furnishing of performance and payment bonds, and insurance certificate after notlficaUon of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and ~mprovements as authorized hereto, the C~ty Council hereby authorizes the expenditure of funds m the manner and m the amount as specified m such approved bids and authorized contracts executed pursuant thereto SECTION V That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2531 - CONTRACTUAL ORDINANCE 8-2000 Ag~da Item /,~'~ AGENDA INFO~ATION SHEET Oat~_ ~D~ D~T~: ~cptcmbc~ ~, 2000 Qucst~uns cunccmmg ~cqmmtm~ may bc ~cctc~ DEPARTMENT. Materials M~agement to T~m F~sher 349-7190 ACM Kathy D~ose, Fiscal ~d M~mpal Se~mes~ SUBJECT' An Ordinance accepting competitive b~ds and awar&ng a pubhc works contract for the constructton of US H~ghway 377 - 20 ~nch waterhne, prowdmg for the expen&ture of funds therefore, and prow&ng an effective date (B~d 2538 - US H~ghway 377 - 20 ~nch waterhne awarded to D~ckerson Constructmn Co, Inc ~n the amount of $974,392 50) BID INFORMATION' Thts b~d ts for the eonstructmn of approximately 23,000 feet of 20" waterhne The hne wtll run from near Johnson Road along US Highway 377 to the Bent Creek Estates Thru mmn wall servtce new development along H~ghway 377 ~n the southern part of the C~ty, ~nelu&ng the Hills of Argyle sub&wsmn and the Willow Lakes (Huffines) development It will also serve the Robson Development on the west s~de o£IH-35 RECOMMENDATION' We recommend th~s b~d be awarded to the lowest responmble b~dder, Dmkerson Constructmn Co, Inc, tn the amount of $974,392 50 PRINCIPAL PLACE OF BUSINESS' D~ckerson Construction Co, Inc Cehna, TX PRIOR ACTION/APPROVAL: The Pubhc Utd~ty Board rewewed and approved th~s project on August 21, 2000 ESTIMATED SCHEDULE OF PROJECT. Thts constructton project ~s schedule for completmn the last week of February 2001 FISCAL INFORMATION: Th~s project w~ll be funded from CIP Bond funds Agenda Information Sheet September 5, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet Attachment 2 Location Map ATTACHMENT 1 S~d # 2538 Date 7/18/00 U S H~ghway 377 20-m Water Line Vendor Principal Place Total Base Bid B~d Bond of Bus~ness D~ckerson Cehna $ 974,392 50 Yes S 3 Louis of Texas Arhngton $1,009,718 92 Yes Mid-State Utility Waco $1,017,351 00 Yes Bowles Construcbon W~chlta Falls $1,029,694 30 Yes BCI Ubhty Carrolton $1,073,786 00 Yes Larrett, Inc Kaufman $1,074,347 00 Yes Qrcle C Ft Worth $1,081,945 00 Yes C-Con Dallas $1,147,243 50 Yes Rodman Utlhty Frisco $1,164,529 00 Yes Utdlbes Inc Lake Dallas $1,197,649 76 Yes Llnderstohl Ft Worth $1,278,690 00 Yes Long Construction Mansfield $1,343,888 00 Yes Saber Development Dallas $1,397,078 60 Yes Pate Brothers Kennedale, TX $1,416,179 10 Yes 3agoe Pubhc Denton $1,463,288 00 Yes M~d-Conbnent Excavation Rockwall $1,554,777 10 Yes R-Con In/lng, TX $1,713,440 00 Yes EXHIBIT III The %r~ntage ~ //-TheHills Highway 377 w 20" Water Transmission Line ~h~b~t I ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF US HIGHWAY 377 - 20 INCH WATERLINE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2538 - US HIGHWAY 377 - 20 INCH WATERLINE AWARDED TO DICKERSON CONSTRUCTION CO, INC, IN THE AMOUNT OF $974,392 50) WHEREAS, the City has solicited, and receaved competitive sealed bids for the constmcuon of pubhc works or ~mprovements ~n accordance wxth the procedures of STATE law and C~ty ordinances, and WHEREAS, the Caty Manager or a desagnated employee has receaved and recommended that the hereto de,cnbed bads are the lowest respondent for the constructxon of the pubhc works or ~mprovements described an the bxd anvatataon, and plans and specfficataons them~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competlttve sealed bxd for the construction ofpubhc works or ~mprovements, as described ~n the "Sealed Bad Invltatmns", or plans and specfficattons on file xn the Office of the C~ty's Purchasang Agent filed according to the bad number assigned hereto, are hereby accepted and approved as beang the lowest responsable bads BID NUMBER CONTRACTOR AMOUNT 2538 Dmkerson Constmctaon Co, Inc $974,392 50 SECTION II That the acceptance and approval of the above competxtave sealed bad shall not constitute a contract between the Caty and the person submattmg the bad for construction of such pubhc works or amprovements herean accepted and approved, until such person shall comply wath all reqmrements specffied m the Notice to B~dders including the tamely executaon of a written contract and fumashmg of performance and payment bonds, and insurance certfficate after notfficatxon of the award of the btd SECTION III That the C~ty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the constructaon of the pubhc works or ~mprovements ~n accordance wath the bids accepted and approved hereto, prowded that such contracts are made ~n accordance w~th the Notme to Bidders and Request for Sealed B~ds, and documents relatang thereto specffyang the terms, condmons, plans and spemficataons, standards, quantataes and specffied sums contmned thereto SECTION IV That upon acceptance and approval of the above competitive sealed bids and the executmn of contracts for the public works and ~mprovements as authorized here~n, the C~ty Council hereby authorizes the expenditure of funds ~n the manner and an the amount as spectfied ~n such approved b~ds and authorized contracts executed pursuant thereto SE,CTION V That tbas ordinance shall become effective ~mmedmtely upon xts passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2538- CONTRACTUAL ORDINANCE At. ieada I~0 ~ ~oenda Item /'~ ' AGENDA INFO~ATION SHEET ~ate_ ~~ AGENDA DATE September 5, 2000 Questions concerning th~s acqms~tmn may be d~rected DEPARTMENT: Materials M~agemcnt to Ed Hodney 349-8271 ACM Kathy DuBose, F~scal ~d Mumc~pal Se~ccs ~ SUBJECT AD Ordinance accepting competlttve btds and awardtng a public works contract for the construction of a Denton Entrance Monument, provt&ng for the expen&ture of funds therefore and providing an effecttve date (Btd 2539 - Denton Entry Monument awarded to Casteel and Assocmtes m the amount of $249,620) BID INFORMATION. The project consists ora freestanding ceremonial gateway monument to The City of Denton The monument shall rest on a retnforced concrete foundatton and be surrounded with a field cut tough hmestone base to match the base coursing of the Denton County Courthouse structure ]n downtown Denton Preparatton of the stte along wtth utthty work will be provided by the City of Denton The project sac is located along 1-35W south of Denton tn the vicinity of the Pilot Knob area The particular location ts located east of the right-of-way for 1-35W and approximately 0 9 mile south of FM 2449 The final potnt of constmctton of the Monument wtll be field located and approved by the Ctty and Carter & Burgess, Inc prior to any actual construction The monument wtll be approxtmately 42' m hetght, lncludmg a hmestone base measuring approximately 26' long, 6' wtde, and 8' high RECOMMENDATION' We recommend this bid be awarded to the lowest responstble btdder meeung spec]ficauons, Casteel and Assoctates m the amount of 5249,620 The lower b~d from Neon Elecmc was an alternate bid and failed to meet spemficanons for the limestone block base construcnon and materials Neon offered a concrete block/hmestone veneer constructton in place of the reqmred dry stacked limestone block PRINCIPAL PLACE OF BUSINESS' Casteel & Associates Dallas, TX ESTIMATED SCHEDULE OF PROJECT. Casteel and Assoctates has btd a completmn date of October 20, 2000 Agenda Irfformatxon Sheet September 5, 2000 Page 2 FISCAL INFORMATION Funding for ~hls project is avmlable from the following Streets and Parks Bond funds · 453-020-STRT-9727-9105 $ 21,508 · 459~020-STRT-9727-9105 $ 50,000 · 461-020-STRT~9727-9105 $ 50,000 · 462-020-STRT-9727-9105 $100,000 · 462-031-PARK-9803-9157 $ 28,112 Total $249,620 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchamng Agent Attachment 1 Tabulatton Sheet Attachment 2 B~d Drawing 1429 Agenda ATTACHMENT 1 TABULATION SHEET B~d # 2539 Date 7/11/00 DENTON ENTRY MONUMENT No I Qty I DESCRIPTION VENDOR VENDOR VENDOR Neon Electric Imperial Casteel & Assoc Construction Pnnclple Place of Business Houston Weatherford Dallas TOTAL BASE BID $146,895 00 $263,727 00 $249,620 00 Bid Bond Yes Yes Cashiers Check ATTACHMENT 2 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A DENTON ENTRANCE MONUMENT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (BID 2539 - DENTON ENTRY MONUMENT AWARDED TO CASTEEL AND ASSOCIATES IN THE AMOUNT OF $249,620) WHEREAS, the Ctty has sohclted, received and tabulated competmv¢ b~ds for the construction ofpubh¢ works or ~mprovements in accordance w~th the procedures of STATE law and C~ty ordmances, and, WHEREAS, the City Manager or a designated employee has recelved and recommended that the here~n described b~ds are the lowest responsible b,ds for the construction of the pubhc works or improvements described m the b~d mwtat~on, b~d proposals and plans and specfficaUons thereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competmve b~ds for the construct, on ofpubhc works or ~mprovements, as described m the "B~d Inwtat~ons", "Btd Proposals" or plans and spec,ficaUons on file in the Office of the C~ty's Purchas,ng Agent filed according to the b,d number assigned hereto, are hereby accepted and approved as being the lowest responsthle b~ds BID NUMBER CONTRACTOR AMOUNT 2539 Casteel and Assocmtas $249,620 SECTION II That the acceptance and approval of the above compeUUve b~ds shall not const~tum a contract between the City and the person subrmttmg the b~d for constmcUon of such pubhc works or ~mprovements herem accepted and approved, until such person shall comply w~th all reqmrements spemfied in the NoUce to B~dders including the Umely execution of a written contract and furmsh,ng of performance and payment bonds, and tnsurance cerUficate after noUficaUon of the award of the b~d SECTION III That the City Manager is hereby anthonzed to execute all necessary written contracts ,for the performance of the construction of the pubhc works or ~nprovements m accordance w~th the bids accepted and approved hereto, provided that such contracts are made m accordance w~th the Notme to B~dders and B~d Proposals, and documents relating thereto specifying the terms, conditions, plans and spemficat~ons, standards, quantmes and specffied sums contmned there~n SECTION IV That upon acceptance and approval of the above competmve b~ds and the SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds m the manner and in the amount as specified in such approved,bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2539 - CONTRACTUAL ORDINANCE 8-2000 Agenda Item AGENDA INFORMATION SHEET Data q,/.9~/O~)--~' AGENDA ~ATE: S~pt~mb~ 5, 2000 DEP~TMENT. Fire ACM JonFo~e, 349-8~3~ SUBJECT Consider approval of~ ordm~ce of~e C~W of Denton, Texas, ~endmg Chapter 11 "Fire Preventmn" of the Denton Code of Or&nances to provide for thc collect~on of fees and cost recove~ from non-residents of the C~ty of Denton for fire prevention and protection seduces ~d other pubhc safety ~d emergency se~lces rendered by the C~ty of Denton, prowdmg a scvcrabd~ty clause, and prowdmg ~ effective date BACKGROUND Estabhs~ent ofth~s ordinate wall facd~tate ~e collection of fees for fire se~aces prowded to non-residents P~OR ACTION~EW (Councd, Boards, Commissions) Staffwas gwen approval at the June 13, 2000 co~c~l meeting to sohmt b~ds for non-resident fire call cost-recove~ se~aces FISC~ INFO~ATION This is a cost-recove~ effo~ B~ed on rese~ch data, we estimate approximately $171,360 will recovered ~n a ~11 ye~ of operation Respectfully prepared & submitted Ross Chadwick F~re Chief ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER ELEVEN "FIRE PREVENTION" OF THE DENTON CODE OF ORDINANCES TO PROVIDE FOR THE COLLECTION OF FEES AND COST RECOVERY FOR FLRE PREVENTION AND PROTECTION SERVICES AND OTHER PUBLIC SAFETY AND EMERGENCY SERVICES RENDERED BY THE CITY OF DENTON, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C,ty of Denton contributes momes to the Denton F~re Department to prov,de fire protecnon and emergency serv,cas, and WHEREAS, the Caty of Denton provides such fire protect,on serv,ce pursuant to the Caty of Denton Code of Orchnances, and WHEREAS, the C,ty Council finds that there are increasing costs associated w,th prowdmg adequate fire prevent,on and protect, on serv, ces and other pubhc safety and emergency serv,ces, including serv,ces rasulUng from exU'aordmary and dangerous occurrences and hazardous material mc,dents that may ,mpmr the C,ty of Danton's ahahty to prov,de all necessary emergency serv, ces, and WHEREAS, the Caty Councal finds that prowchng these seraces to non-resadents vathm the c,ty strams the resources of the c,ty and ,mpmrs the Caty of Denton's ab,hty to prov,de all necessary,emergency serv,cas to ars res, dents, and WHEREAS, the C,ty Council of the C,ty of Denton has determined that at ,sm the best mterast of the health, safety and general welfare of the c,nzens of the Caty of Denton and the Denton Fire Department to recoup costs assoemted w~th prov,dmg fire protect,on and other emergency serv,ces to non-ras,dents, and WHEREAS, the Caty Council has determined that m order to protect the pubhc health, safety, and welfare, and to protect and preserve pubhc funds and tax dollars, the Caty of Denton should adopt a pohcy to seek re,mbursement of expenses and costs recurred whale prowdmg such fire prevention and emergency serv,ees from non-res,dents of the Caty of Denton, NOW, THEB.EFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That all of the above prem,ses are hereby found to be true and correct and are hereby approved and incorporated rotc the body of th,s ordinance as ,f copied m the,r enurety C~,.QTJ_Q,~L~ The Denton Code of Ord,nances, Chaper 11 "F~re Prevent,on" An,cie 1 ~s hereby amended by adding section 11-3 to read as follows Page 1 of 3 Sec. 11-3 Recovering cost for fire protection and emergency services A Collection of Fees ! The Chief of the Denton Fire Department, or his designee, shall collect all fees and costs for fire prevention services and for other public safety and emergency services rendered by the Department Such fees include but are not limited to the use of equipment, materials, maintenance and overhead expenses and costs of whatever nature which constitute full reimbursement to the Demon Fire Department for services actually rendered and as hereinafter authorized 2 Within tbarty (30) days of the date of providing fire prevention and protection services or other pubhc safety and emergency services, the Chief of the Denton F~re Departmem, or bas designee, shall submit an invoice for all costs, fees, charges and expenses related to providing such services, to include but not hm~ted to all actual expenses including costs of eqmpment operations, cost of materials utlhzed, costs of specialists, experts or other contract labor not in the full time employment of the city, ovemme costs, and other incidental costs incurred by the city as a result of the incident, to the customer, chent, owner, deslgnated agent, representative and/or insurance company who received, covered and/or otherwise benefited fi.om these services The prov~sxons of flus section shall apply only to those persons who were not resxdlng within the City of Denton at the time of the incident wlueh led to the benefits of services 3 Any bills, fines or penalties, including but not hnnted to clean up costs, fees or expenses that are imposed upon the City of Denton or the Denton Fire Department by any local, state or federal agency, related to the rendenng of fire protection or prevention services or of other pubhc safety and emergency services, may be included in the bllhn§ or billed separately wltlun tbarty (30) days of receipt 4 Any fees or expenses billed by the Ctuef, or bas deslgaee, shall be payable ~n full within sixty (60) days of the date of the ~nvo~ce Failure to timely make payment may result in the accumulation of interest on any unpaid balances at the rate of 10 percent per annum for any unpaid balances B Enforcement The City may enforce the prowslons of this Ordinance by any action allowed by law for the collection of any amounts due hereunder, ~ncludlng reasonable and necessary attorneys fees, costs, and expenses, in a court of competent jurisdiction Page 2 of 3 SECTION 3 If any section, article, paragraph, sentence, clause, phrase or word m tins ordinance or application thereto any person or circumstances is held invalid or unconstlmtlonal by a court of competent junsdmtlon, such holding shall not affect the validity of the rem~umng portions of tins ordinance, and the City Council hereby declares it would have passed such remmmng portions of this ordinance despite such invalidity, which remalmng portions shall remain m full fome and effect SECTION 4 That this 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 Page 3 of 3 AGENDA DATE. September 5, 2000 Questions concerning tlus acqms~t~on may be d~rected DEPARTMENT: Materials Management to Ross Chadwmk 349-8101 Kathy DuBose, F~scal and Mummpal Servmes~ ACM SUBJECT' An Ordinance acceptmg competitive b~ds and awarding a contract for non-resident fire service bflhng, prowd~ng for the expenditure of funds therefore, and prowdmg an effective date (B~d 2544 - Non-Resident F~re Servme Bflhng awarded to F I R E, Inc BID INFORMATION. See attached Exfub~t 1 - Agenda Informatton Sheet presented to Council at Work Session of June 13, 2000 RECOMMENDATION' We recommend th~s contract be awarded to the lowest responsible b~dder meeting b~d reqmrements, F I R E, Inc The b~d offered by Management Koncepts, Inc appears to have a lower cost, however, they are not currently familiar w~th, nor actively ~nvolved in, bdhng and collection of non-resident fire service calls PRINCIPAL PLACE OF BUSINESS: F I R E, Inc Ft Worth, TX ESTIMATED SCHEDULE OF PROJECT. Intended start-up date ~s on or about October 1, 2000 and will continue through September 30, 2001 FISCAL INFORMATION' Based upon data submitted to Courted at the Work Session of June 13, 2000 we estimate approximately $171,360 would be recovered ~n a full year of operation (See attachment 1) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 AgendalnformatlonSheet 6-13-00 Attachment 2 Tabulation Sheet ATTACHMENT 1 AGENDA INFORMATION SHEET AGENDA DATE' June 13, 2000 DEPARTMENT: Fire Department CM/DCM]ACM. Jon Fortune, Assistant City Manager SUBJ'ECT Receive a report, hold a discussion, and give staffdirectton regarding fire revenues Staff requests City Council's direction on a cost-recovery proposal to establish a non-resident Motor Vehicle Accident fire engine response fee The Fire Department currently has a mechanism in place to recover the cost of the city's emergency ambulance transport service, however, we have had no equivalent means by which to recover the costs associated with fire engine calls We were recently provided a cost-recovery proposal by F I R E, Inc (attached) which describes a plan for billing the auto insurance companies of non-residents who are involved in a motor vehicle accident (MVA) within the Denton city limits This company has been tn the business of fire service billing since the early 1990s and serves municipal and volunteer fire departments in Texas and other areas of the United States Here is a brief summary of how a non-resident MVA engine response fee would work An accident involving a motor vehicle occurs and an engine is dispatched to the scene for assistance or clean-up · On-scene fire or police personnel determine resident or non-resident status of drivers involved · If non-resident, an incident report is completed which captures auto insurance information and other pertinent details · These forms are transmitted to the billing service and a bill is sent to the individual's auto insurance All billing and follow-up correspondence are conducted by the billing service (B~lls are not sent directly to individuals, only the auto insurance provider ) · The city receives 85% of the amount collected in a monthly check One of the supporting ideas for establishment of a fee of this kind is that insurance policies often have bmltqn provisions for recovery fees which go unused because fire departments do not have a way to bill for these services In addition, the services provided by fire and emergency crews help insurance companies reduce the seventy of injury and damage to individuals and property These services have long been provided to insurance companies flee of charge FISCAL INFORMATION: Attached is a worksheet which provides a breakdown of the potential costs recovered in a onetyear period once the program has been established We have been advised that the Flr~RevenuesAgendalnfoSheet2000 doc 1 collection process Is slgmficantly aided by the existence of a city ordinance or resolution supporting fees for calls ofttus type Based on the current estimate of non-resident MVA calls which require an engine response, approximately $1 ? 1,360 would be recovered m a full year of operation Respect fuJ~Submitted F~re Chief Attachments' Posstble Revenue Spreadsheet Ctty Counctl Presentation SItdes FtreRevenuesAgendaInfoSheet2000 doc 2 Non-resident MVA call fee worksheet Date 612000 ~ 1999 April May June TOTAL Denton Fire Department MVAs 233 250 205 688 non-resident 140 145 116 401 engine response 203 % of MVAs w~th engine response 30% non-resident MVAs w~th engine response 30% of 401 = 120 3 120 MVAs with engine response per quarter x 4 = 480 average $600 per call x 480 = $ 288,000 00 $288,000 x 70% collection rate = $ 201,600 00 $201,600 x 15% collection fee = $ 30,240 O0 Total projected cost-recovery for Implementation year $171,360 00 Numbers above were derived from pohce records and CAD reports on engine response to MVA calls Currently, written reports are not flied by F~re personnel when an engine responds to an MVA call ATTACHMENT 2 TABULATION SHEET B~d # 2544 Date 7/27/00 FIRE SERVICE BILLING No I Qty I DESCRIPTION VENDOR VENDOR VENDOR ~t~l~ ~ ~/~ ~ ~ ~ o~ ~ ~%~ ~ F~nanc~al Associated ~ ~<~ ~ ~ ~ ~ ~ ~ ~ ~?~ Management ~<~ /~ ~, .... ~;~ ~ Invoicing Receivable ;~ < ~ ~ < ~;~'~ ~ Resources Consultants Pnnc~ple Place of Bus~ness Ft Wo~h, TX San Antomo, TX Houston, TX COMPENSATION WILL BE BASED ON ~ FIXED PERCENTAGE OF FEES 15% 15% ~ COLLECTED Ema~l/Electmmc 15% Manual 18% B~lhng Se~ce 5% Collecbon Se~ce 25% ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR NON-RESIDENT FIRE SERVICE BILLING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2544 - NON- RESIDENT FIRE SERVICE BILLING AWARDED TO F I R E, INC WHEREAS, the Cxty has sohc~ted, received and tabulated compettt~ve bids for the purchase of necessary materials, eqmpment, supphes or servmes tn accordance w~th the procedures of STATE law and Cxty ordtnances, and WHEREAS, the Cxty Manager or a desxgnated employee has rewewed and recommended that the herexn described b~ds are the lowest responsible btds for the materials, eqmpment, supphes or services as shown ~n the "B~d Proposals" submitted therefore, and WHEREAS, the Cxty Council has provtded in the Cxty Budget for the appropnaUon of funds to be used for the purchase of the materials, eqmpment, supphes or servmes approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered xtems in the followtng numbered b~ds for materials, eqmpment, supphes, or servmes, shown tn the "B~d Proposals", on file tn the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such ~tems BUD ITEM NUMBER NO VENDOR AMOUNT 2544 ALL F I R E, Inc 15% SECTION II That by the acceptance and approval of the above numbered xtems of the submitted b~ds, the C~ty accepts the offer of the persons subm~tUng the b~ds for such xtems and agrees to purchase the materials, eqmpment, supplies or servmes ~n accordance wtth the terms, specfficatmns, standards, quanUtles and for the specffied sums contmned ~n the B~d Inwtauons, B~d Proposals, and related documents SECTION III That should the C~ty and persons submxtttng approved and accepted xtems and of the submitted b~ds wxsh to enter tnto 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 representatxve ns hereby authorized to execute the written contract wluch shall be attached hereto, provtded that the written contract is tn accordance w~th the terms, condmons, specfficatxons, standards, quantmes and specified sums contained ~n the B~d Proposal and related documents heretn approved and accepted SECTION IV That by the acceptance and approval of the above numbered ttems of the submitted b~ds, the Cay Council hereby anthonzes the expenditure of funds therefor ~n the amount and ~n accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED 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 2544 SUPPLY ORDINANCE-2000 PROFESSIONAL SERVICES AGREEMENT FOR COLLECTION SERVICE STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of ,2000, by and between the C~ty of Denton, A Texas Municipal Corporation, with ~ts pnnmpal office at 215 E McKanney Street, Denton, Denton County, Texas 76201, (hereinafter sometimes referred to as "CITY") and F I R E, INC, with its corporate office at, 9287 Dmkson Road, Fort Worth, Texas hereinafter called the ("COLLECTOR") acting herein, by and through their duly authonzed representative WITNESSETH, that m consideration of the covenants and agreements herein contmned, the pames hereto do mutually agree as follows ARTICLE 1 EMPLOYMENT The CITY hereby contracts with COLLECTOR, as an independent contractor, and the COLLECTOR hereby agrees to perform the services herein in cormectlon with the Project as stated in the sections to follow, with dlhgence and in accordance with the hrghest professional standards customarily obtained for such servmes in the State of Texas The professional servmes set out herein are m connection w~th the following described project To provide collection services for non-resident fire service calls ARTICLE 2 SCOPE OF SERVICES The COLLECTOR shall perform the following serwces in a professional manner A The COLLECTOR shall perform all those servmes as necessary and as described ~n the CITY'S Request for Bid for Utility and Miscellaneous Collection Services which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein B Referral of Accounts - Collector agrees to accept all first placement accounts receivable referred to Collector for collection ("Accounts") by CITY It is expressly agreed that any and all Account information disclosed to Collector through placement of Accounts will remmn in the strictest confidence and will not be disclosed to any other party without CITY written authorization C Collection Efforts - collector's services and collection efforts shall include the sending of demand letters, attempting telephone contact with debtors, attempting to locate debtors and obtain updated finanmal and credit information with respect to debtors, and acqmnng payment arrangements from the debtors in order to satisfy the indebtedness to be collected For each Account, Collector shall make these collection efforts for a penod of at lest 180 days from receipt ofthe Account If collector has not succeeded m collecting any part of the Account dunng that time period, then Collector shall submit its findings and recommendations to CITY D Collections and Settlement - Collector shall in all cases attempt to collect the total sum of outstanding receivables and charges owed by the debtor on an Account However, Collector shall have the authority on behalf of Creditor to collect, compromise, adjust or settle any and all Accounts placed with collector so long as the sum collected, compromised, adjusted or settled is previously approved and agreed to by Creditor E Notification of Claims - Collector agrees to promptly adwse CITY of any claims asserted against Creditor by any debtor F Return of Accounts - Unless th~s Agreement shall be terminated as hereinafter provided, and unless Creditor expressly agrees otherwise, in advance, for each Account, Collector shall cease its act~vltles and return the Account to Creditor if (I) no collection arrangement has been made within 180 days ofrecmmng the Account, or (n) after having made a collection arrangement for a particular Account, no amounts are collected by the Collector for a continuous period of 180 days G W~thdrawal of Referred Accounts _ CITY may withdraw any Account assigned to Collector at any t~me for any reason H Reporting - Collector shall submit to the CITY, Activity reports and such other information relative to the Accounts as requested in the Request for Bid and attached as Exbab~t "A" I If there is any conflict between the terms of this agreement and the exhibits attached to th~s agreement the terms and conditions of this agreement will control over the terms and conditions of the attached exhibits ARTICLE 3 PERIOD OF SERVICE A This Agreement shall become effective on The Agreement is effective for a penod of one year however the agreement is renewable each year by agreement of the parties The CITY and the COLLECTOR must each give written notice to the other party at least 60 days before the contract ends for the renewal to be effective B CITY may terminate this agreement immediately by oral or written notice if (I) Collector violates or breaches any term or condition of the Agreement, or (ii) CITY reasonably determines that there has been an adverse change in Collector's financial condition Collector shall st~ll be entitled to receive ~ts fee as provided In ARTICLE 4 In case of termination hereunder th~s paragraph 0) all accounts and file materials shall be returned ~mmed~ately to CITY, (n) Collector shall ~mmed~ately cease all collection efforts ARTICLE 4 COMPENSATION The COLLECTOR as full compensation for ~ts serwces, COLLECTOR shall receive a contingency fee of 15% on ali money collected on the accounts placed for collection FEE FOR LEGAL COLLECTIONS WILL BE __% NO LEGAL ACTION WILL BE TAKEN WITHOUT THE EXPRESS APPROVAL OF The C~ty of Denton ARTICLE 5 REMITTANCES COLLECTOR shall remit to CITY all funds received on CITY Accounts along w~th a monthly remittance report by the 15th and 20th day of each month, for the prewous months collections ARTICLE 6 INDEPENDENT CONTRACTOR The COLLECTOR shall prowde sermces to CITY as an Independent contractor, not as an employee of the City COLLECTOR shall not have or clmm any right arising from employee status ARTICLE 7 INDEMNITY AGREEMENT THE COLLECTOR SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES INCURRED BY THE CITY, AND INCLUDING WITHOUT LIMITATION DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE COLLECTOR OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CREATE A LIABILITY TO ANY PERSON WHO IS NOT A PARTY TO THIS AGREEMENT AND NOTHING HEREIN SHALL WAIVE ANY OF THE PARTY'S DEFENSES, BOTH AT LAW OR EQUITY~ TO ANY CLAIM, CAUSE OF ACTION OR LITIGATION FILED BY ANYONE NOT A PARTY TO THIS AGREEMENT, INCLUDING THE DEFENSE OF GOVERNMENTAL IMMUNITY, WHICH DEFENSES ARE HEREBY EXPRESSLY RESERVED ARTICLE 8 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any d~sputc under th~s Agreement by submitting the dispute to arbltratmn or other means of alternate dispute resolution such as mcdlatmn No arbitration or alternate d~spute resolutmn arising out of or relating to, th~s agreement mvolwng one party's dmagrecment may ~nclude thc other party to thc d~sagreement w~thout thc other's approval ARTICLE 9 BOND Dunng the performance of the Services under this Agreement, COLLECTOR shall malntam the following surety bond w~th a surety hcensed to do busmcss ~n the State of Texas and in a form approved by the C~ty Attorney A A surety bond ~n an amount for at least $100,000 00, guaranteeing payment to thc city for monies due the city under the contract period and to be ~n effect for the term of th~s Agreement and for a period of ninety days thereafter ARTICLE 10 INSURANCE Dunng the performance of the Sermces under thru agreement, COLLECTOR shall mmntmn, throughout the duratmn of th~s Agreement, the following ~nsurance A Pmfesmonal Liability Insurance w~th pohcy hm~ts of not less than $1,000 000 00 annual aggregate, w~th respect to neghgent acts, errors, or ommslons in connection w~th the profesmonal services performed by COLLECTOR pursuant to this Agreement B ARTICLE 11 RESPONSIBILITY FOR CLAIMS AND LAIBILITIES Approval by the CITY shall not constitute nor be deemed a release of the respons~b~hty and hab~hty of the COLLECTOR, ~ts employees, associates, agents, subcontractors and subconsultants for the competency of their work, nor shall such approval be deemed to be an assumption of such responslblhty by the City for any work by the COLLECTOR, ~ts employees, subcontractors, agents and consultants ARTICLE 12 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respecttve parties by deposmng same ~n the Umted States mall at the address shown below, certified mad, return receipt requested unless otherwise specified herein Mmled notices shall be deemed communicated as of three days mmhng 4 TO COLLECTOR TO CITY F I R E, INC CITY OF DENTON Attn M, ke Barton Attn Jori Fortune 9287 Dlckson Assistant City Manager, Fire Fort Worth, TX 76179 215 E MclQnney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days mailing ARTICLE 13 ENTIRE AGREEMENT This Agreement consisting of 7 pages and 1 exhibits constitutes the complete and exclusive statement of the terms of thelr agreements and supemedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof ARTICLE 14 SEVERABILITY If any provision of thls Agreement is found or deemed by a court of competent junsdmtion to be invalid or ~menforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the party shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision ARTICLE 15 COMPLIANCE WITH LAWS The COLLECTOR shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE 16 DISCRIMIANATION PROHIBITED In performtng the services required hereunder, the COLLECTOR shall not dtscnnnnate agmnst any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE 17 PERSONNEL A The COLLECTOR represents that it has or will secure at its own expense all personnel reqmred to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have an contractual relations with the city COLLECTOR shall Inform the CITY of any conflict of interest or potential conflict of interest that may arise dunng the term of this Agreement B All services required hereunder will be performed by the COLLECTOR or under its supervision COLLECTOR shall ensure that all personnel engaged in work are duly qualified, and permitted under state and local laws to perform such services ARTICLE 18 ASSIGNABILITY The COLLECTOR shall not assign any interest in this Agreement and shall not transfer any interest m ti'ns Agreement (whether by assignment, novatton or otherwise) without the prior written consent of the CITY ARTICLE 19 MODIFICATION No waver or modification of this Agreement or of any covenant, condition, hmltatlon herein contained shall be vahd unless in writing and duly executed by the party to be charged therewith and no evidence of any waver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waver or modification is in venting, duly executed, and, the parties further agree that the provisions of this section will not be waived unless as herein set forth ARTICLE 20 MISCELLANEOUS A The following exlublts are attached to and made a part of thls Agreement 1 Extublt "A" Request for Bid B Venue of any suit or cause of action under this Agreement shall he exclusively m Denton County, Texas This Agreement shall be construed ~n accordance w~th the laws of the State of Texas C Collector will promptly adwse CITY of any Account on which it receives a notice of bankruptcy At CITY request Collector will file a proof of claim on behalf of CITY in CITY name D If Collector's efforts result in collateral, secunng an Account, being returned to CITY, then Collector shall be entitled to receive the standard fee that otherwise would have been paid under Article IV herein, based on the net amount that CITY receives from the sale of the collateral The cost to CITY of repossession, storing and selhng the collateral shall be deducted from the amount of sale proceeds collector is paid a fee on CITY shall 6 report to Collector when the collateral is sold, and the sale price CITY shall then remit Collector's fee hereunder within 30 days from recmpt of payment from the purchaser E Collector will accurately and fairly report ail accounts to the credit bureau F To comply with the spemficatmns of the Request for Bid G The captions of ttus Agreement are for informational purposes only and shall not ~n any way affect the substantxve terms or conditions ofth~s Agreement IN WITNESS HEREOF, the C~ty of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager and COLLECTOR has executed this Agreement through its duly authorized undersigned officer on this the day of ,2000 CITY OF DENTON, TEXAS Michael W Jez, City Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ~._ Y'~ a.~'~ FIRE, INC Name Mike Barton T~tle Account Representative WITNESS AGENDA INFORMATION SHEET AGENDA DATE: September $, 2000 Questions concerning th~s acqms~t~on may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487 ACM Kathy DuBose, F~scal and Mumc~pal Services ~ SUBJECT: An Ordinance amending Ordinance No (2000-141) by cancehng the award of B~d 2480 to Pamck Brothers Pmnt~ng Contractors and In heu thereof award the pubhc works contract for the painting of fuel tanks at the Manic~pal Power Plant, B~d 2547 to A-Agape Contracting Inc ~n the amount of $74,369, and prowd~ng an effective date (B~d 2547 - Pmntlng of Fuel Tanks, Generator Housing and Transformers awarded to A-Agape Contracting Inc m the amount of $74,369) BID INFORMATION: This B~d 2547 ~s the re-b~d of a contract to pmnt the fuel off tanks, generator housings and transformers at the Mumc~pal Power Plant The original B~d 2480 was awarded by Council m April of 2000 The contractor, Patrick Brothers Contracting, was unable to acqmre proper insurance and bonding The contract was cancelled and the re-b~d process took place The cqmpment hsted for pmnt~ng has not been cleaned, prepared, and painted m over ten years In the case of #1 and #2 fuel off tanks, no record of their being pmnted s~nce installation could be found The fuel off tanks have running rust v~sthle and the &esel enclosures have more than one coat of paint that was rolled on over ex~st~ng rust Thc four transformers all have the pmnt flaking off The project consists of four fuel off tanks, two d~esel generator housings, and four transformers RECOMMENDATION: We recormnend th~s b~d be awarded to the lowest responsible b~dder, A-Agape Contracting, Inc in the amount of $74,369 PRINCIPAL PLACE OF BUSINESS: A-Agape Contracting, Inc Gladewater, TX ESTIMATED SCHEDULE OF PROJECT. Th~s project will be completed ~n four weeks or approximately November 1,2000 Agenda Information Sheet September 5, 2000 Page 2 FISCAL INFORMATION. This project will be funded from 1999/2000-budget funds account (610-101-I011-5140-8339) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1430 Agenda ATTACHMENT 1 TABULATION SHEET B~d # 2547 Date 8/1/00 PAINTING OF FUEL TANKS, GENERATOR HOUSING & TRANSFORMER No I DESCRIPTION VENDOR VENDOR VENDOR VENDOR A-AGAPE CERTA PRO CERTA PRO CERTA PRO PAINTERS #1 PAINTERS #2 PAINTERS #3 CONTRACTING, INC Principle Place of Bus~ness Dallas, TX Dallas, TX Dallas, TX Gladewater, TX FUEL OIL TANK #1 14,755 00 16,137 00 16,753 00 10,052 00 FUEL OIL TANK #2 14,755 00 16,137 00 16,753 00 2,018 00 A FUEL OIL TANK #3 51,222 00 56,035 00 57,525 00 10,052 00 FUEL OIL TANK #4 4,051 00 4,431 00 4,595 00 20,013 00 D1 DIESEL GENERATOR 3,403 00 3 723 00 3,860 00 9,487 00 HOUSING D2 DIESEL B GENERATOR HOUSING 3,403 00 3,723 00 3,860 00 9487 00 TRANSFORMER #3 6,160 00 6,525 00 6,682 00 1,638 00 C TRANSFORMER #4 20,105 00 21,298 00 21,809 00 5,615 00 TRANSFORMER #5 20,105 00 21,298 00 21,809 00 4,980 00 TRANSFORMER RES 2,880 00 3,050 00 3,124 00 1,027 00 ADDENDUM #1 Yes Yes Yes Yes $ 140,83900 $ 152,35700 $ 156,77000 $ 74,369 00 ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NO (2000-141) BY CANCELING THE AWARD OF BID 2480 TO PATRICK BROTHERS PAINTING CONTRACTORS AND IN LIEU THEREOF AWARD THE PUBLIC WORKS CONTRACT FOR THE PAINTING OF FUEL TANKS AT THE MUNICIPAL POWER PLANT, BID 2547 TO A-AGAPE CONTRACTING INC IN THE AMOUNT OF $74,369, AND PROVIDING AN EFFECTIVE DATE (BID 2547 - PAINTING OF FUEL TANKS, GENERATOR HOUSING AND TRANSFORMERS AWARDED TO A-AGAPE CONTRACTING INC IN THE AMOUNT OF $74,369) WHEREAS, on April 18, 2000, per Ord,nance No (2000-141) the City Council awarded a contract to Patrick Brothers Pa~nt, ng Contractors for pamtmg of fuel tanks, generator housing and transformers m the amount of $61,284, and WHEREAS, Patrick Brothers defaulted under such contract and was unable to prowde ~nsuranee and bonding, Patrick Brothers Painting Contractors has been noufied and has accepted termmaUon of the contract, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the contract w~th Pamck Brothers Painting Contractors regard, ng B~d 2480 ~s cancelled and ~n heu thereof Ordinance No (2000-141) ~s amended and such contract ~s awarded to A-Agape Contract, ng Inc (B~d 2547) ~n the amount of $74,369, and the expend, ture of funds is hereby authorized SECTION II That th~s orthnance shall become effecUve ~mmedmtely upon its 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 BID 2547 - CHANGE IN CONTRACT STANDARD SUPPLY & SERVICE ORDINANCE 2000 AGENDA INFORMATION SHEET AGENDA DATE September 5, 2000 Questions concermng this acqmsltmn may be directed DEPARTMENT: Materials Management to Jerry Clark 349-8390 ACM Kathy DuBose, Fiscal and Mummpal Servlces~ SUBJECT. An Ordinance accepting competitive bids and awarding a contract for the purchase of a Thermoplastic Apphcator and Premelter, provid~ng for the expenditure of funds therefore, and providing an effective date (Bid 2549 - Thermoplastm Applicator and Premelter awarded to Centerhne Supply, in the total amount of $28,000) BID INFORMATION This bid Is for the purchase of an operator propelled thermoplastic apphcator and a skid mounted thermoplastic premelter The thermoplastic apphcator is designed to apply thermoplastm road marking material to streets and highways It has a 220 lb Capacity holding tank and ts heated with a propane fired burner system The premelter is demgned for premeltmg the thermoplastm material used ~n the applicator The unit Is skid mounted so ~t can be placed on a trailer or ~n a p~ckup It ~s also propane heated The two units are necessary for installation of thermoplastic cross walk lnd~eator, dxreet~onal arrows, lane markers, and other street or h~ghway markings RECOMMENDATION. We recommend th~s btd be awarded to the single bidder, Centerhne Supply, m the amounts of $13,750 for the applicator and $14,250 for the premelter, for a total award of $28,000 PRINCIPAL PLACE OF BUSINESS Centerhne Supply Grand Prairie, TX ESTIMATED SCHEDULE OF PROJECT. Shipment of this equipment is estimated to be 60 days after receipt of an order or the first week in November 2000 FISCAL INFORMATION: This eqmpment will be funded from 1999/2000 budget funds approved by Council for Capital Equipment acqms~t~on Agenda Information Sheet September 5, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1426 Ag*nda ATTACHMENT 1 TABULATION SHEET B~d # 2549 Date 8/11/00 THERMOPLASTIC APPLICATOR & PREMELTER "° I QtY ii DESCRIPTION VENDOR ~ ~' ~== No B~ds , ,?,~?;, ~ ;)i Centerhne Supply Responses Prlr3clple Place of Business Grand Pra~ne, TX OPERATOR PROPELLED 1 $13,750 00 3M Traffic Supply 1 THERMOPLASTIC APPLICATOR MAKE Transtex MODEL CH220 Texas Contractors SKID MOUNTED 1 $14,250 00 Sherw~n Wdhams 2 THERMOPLASTIC PREMELTER MAKE Transtex MODEL Tr500 SH Roadrunner Traffic Dehvery 60 Days ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A THERMOPLASTIC APPLICATOR AND PREMELTER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2549 - THERMOPLASTIC APPLICATOR AND PREMELTER AWARDED TO CENTERLINE SUPPLY, IN THE TOTAL AMOUNT OF $28,000) WHEREAS, the City has solicited, received and tabulated competmve bids for the purchase of necessary materials, equipment, supplies or services in accordance w~th the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropnaUon of lands to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDER AMOUNT 2549 ALL Centerhne Supply $28,000 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance w~th the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the submitted bids 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 is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the mount and In accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2549 SUPPLY ORDINANCE Agenda Ite~...,~_,~._ q/ ,,lO0 _ AGENDA DATE' September 5, 2000 Questions concerning this acqmsmon may be directed DEPARTMENT: Materials Management to Ray Wells 349-7108 ACM Kathy DuBose, Fiscal and Mumcipal Servlces'-~ SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of 138KV C~mmt Breakers, prowdmg for the expendxture of funds therefore, and providing an effective date (B~d 2551 - 138KV C~mmt Breakers awarded to S~emens Power Transmlssxon and D~stnbution, Inc m the amount of $219,500) BID INFORMATION' Thxs bid is for the purchase of four (4) 138KV C~rcult Breakers The acquismon of these circuit breakers rs a continuation of the project to upgrade DME transmxsslon and substatxons Two of these units will be Installed at the Teasley Substation at Teasley and Hmkory Creek Road and two wall be installed at the Spencer II Substatxon east of the Power Plant RECOMMENDATION. We recommend this b~d be awarded to the lowest responsthle bxdder, Siemens Power Transmission and Dmtnbutxon, Inc, xn the amount of $54,750 each for a total award of $219,500 PRINCIPAL PLACE OF BUSINESS: Siemens Power Transm~smon and Distribution, Inc Jackson, MS PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) The Public Utility Board will conmder this recommendation on August 21, 2000 ESTIMATED SCHEDULE OF PROJECT' Dehvery is estimated to be 22 weeks after receipt of an order or the first week in February 2001 FISCAL INFORMATION' Funds for th~s acqmsmon are available from Electric Revenue Bond account (654-080-RB00- 3530-9217-CO54105B) Agenda Information Sheet September 5, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Evaluation Sheet 1427 Al,entia E _~o o z ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 138KV CIRCUIT BREAKERS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2551 - 138KV CIRCUIT BREAKERS AWARDED TO SIEMENS POWER TRANSMISSION AND DISTRIBUTION, INC IN THE AMOUNT OF $219,500) WHEREAS, the C~ty has sohc~tcd, received and tabulated compet, t~ve b~ds for the purchase of necessary materials, eqmpment, supphcs or services in accordance w~th the procedures of STATE law and Caty ordinances, and WHEREAS, the C~ty Manager or a designated employee has rewewed and recommended that the hemm described b~ds are the lowest responsible b,ds for the materials, cqmpment, supplms or services as shown ~n the "B~d Proposals" submitted therefore, and WHEREAS, the C~ty Council has promded an the Caty Budget for the appropnatmn of funds to be used for the purchase of the materials, eqmpment, supplms or servmes approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SI~CTION I That the numbered ~tems m the following numbered b~ds for materials, eqmpment, supphes, or services, shown ~n the "B~d Proposals" attached hereto, are hereby accepted and approved as being the lowest responsthle b~ds for such atems BID ITEM NUMBER NO VENDOR AMOUNT 2551 ALL Stamens Power Transmmmon and D~stnbut~on, Inc $219,500 SECTION II That by the acceptance and approval of the above numbered ttems of the submttted bids, the C~ty accepts the offer of the persons submitting the bids for such items and agrees to pumhase the materials, eqmpment, supphes or services m accordance w~th the terms, spemficattons, standards, quantltles and for the spemfied sums contmned ~n the B~d Inwtat~ons, B~d Proposals, and related documents SECTION III That should the City and parsons submitting epproved and accepted ~tems and of the submitted bids wash 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 has desagnated representative ~s hereby authorized to execute the written contract whmh shall be attached hereto, provaded that the written contract is in accordance w~th the terms, condataons, spemficat~ons, standards, quantmes and specffied sums contained an the B~d Proposal and related documents hereto approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor In the mount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2551 SUPPLY ORDINANCE Agenda I~enL.__.~ AGENDA INFORMATION SHEET I)ate"-~//-~-?~7~//~//~'~ AGENDA DATE September 5, 2000 Questions concerning this acqmsit~on may be d~rected DEPARTMENT Materials Management to Tom Shaw 349-7100 ACM Kathy DuBose, Fiscal and Mumclpal Serv~ces'"~ SUBJECT An Ordinance accepting competitive b~ds and awarding an annual contract for multipurpose paper providing for the expenditure of funds therefore, and providing an effective date (Bid 2553 - Multipurpose Paper awarded to Xerox Corporation in the annual estimated amount of $60,850) BID INFORMATION I'h~s bid ~s for the annual contract to supph 8 W' x 11" white multipurpose paper, both standard and three-hole-punched Our annual estimated usage is 2,640 cartons but may vary according to the needs of the C~ty of Denton Th~s price quoted ~s firm through August 31, 2001 RECOMMENDATION. We recommend th~s bid be awarded to the lowest bidder, Xerox Corporatmn, m the amount of $22 25 per canon for standard paper and $23 85 per carton for three-hole-punched paper Annual esnmated expenditure ~s $60,850 PRINCIPAL PLACE OF BUSINESS Xerox Corporation Dallas TX ESTIMATED SCHEDULE OF PROJECT Shipment can be made m five days from receipt of an order FISCAL INFORMATION Th~s ~s a Warehouse Working Capital acqmsit~on and will be recharged to the appropriate budget account of the end user Agenda Information Sheet September 5, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1424 Agenda ATTACHMENT 1 TABULATION SHEET B~d # 2553 Date 8/15/00 WHITE MULTI-PURPOSE PAPER No I Qty I DESCRIPTION VENDOR VENDOR VENDOR VENDOR ~ , ~ ~ ~,~ Xerox ~, j,, ~ ~ ~ ~. Corporate ~ ~ ~ ~ ~ ~ ~ Compudata PBS ~ ~ ~ ¥ ~ ~ ~ ~ ~ Corporation Express ................. ~ ..... ~,.~,. .... Principle Place of Business Dallas Dallas Add~son Add~son 8 1/2" X 11" WHITE PREMIUM G~DE 4 I MULTIPURPOSE PAPER MIN 84% BRIGHTNESS CARTON XE~OX~R~R=04~ H~P~R~H~CSS~IOE $ 2225 $ 3000 $ 2300 $ 23 16 1 ) ~u~ 8 1/2" X 11 WHITE PREMIUM G~DE 4 1 MULTIPURPOSE ~ PAPER CARTON MINIMUM 84% BRIGHNESS XEROX PIN~3R2641 $ 23 85 $ 31 50 $ 25 50 $ 24 74 s prch/tabsheets/2553tab ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR MULTIPURPOSE PAPER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2553 - MULTIPURPOSE PAPER AWARDED TO XEROX CORPORATION IN THE ANNUAL ESTIMATED AMOUNT OF $60,850) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, eqmpment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDER AMOUNT 2553 ALL Xerox Corporation Exhibit "A" SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services In accordance w~th the terms, specifications, standards, quantities and for the specified sums contained m the Bid Invitations, Bid Proposals, and related documents SECTION III That should the C~ty and persons submitUng approved and accepted Items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor m the mount and in accordance gath the approved bids or pursuant to a written contract made pursuant thereto as authorized hemm SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2553 SUPPLY ORDINANCE EXHIBIT "A" B~d # 2553 WHITE MULTI-PURPOSE PAPER No.I Qty DESCRIPTION VENDOR Principle Place of Bus~ness Dallas 8 1/Z'X 11" WHITE PREMIUM GRADE 4 1 MULTIPURPOSE PAPER MIN 84% BRIGHTNESS CARTON XEROXPART#3R2047HPPART#HPC8511OR $2225 1 ) EQUAL 8 1/2" X 11" WHITE PREMIUM GRADE 4 1 MULTIPURPOSE ~ PAPER CARTON MINIMUM 840/0 BRIGHNESS XEROX PIN #3R2641 $ 23 85 2) HP PIN # HPC3HP OR EQUAL S prch/tabsheets12553tab AGENDA INFORMATION SHEET Date AGENDA DATE: September 5, 2000 Questions conce~g acqmsmon may be directed DEP~TMENT: Materials M~agement to G~ Matheson 349-7925 ACM Kathy D~ose, F~scal ~d M~m]pal Se~]ce~ SUBJECT: An Ordinance awarding a contract for the purchase o£ an automated mty watch commumty notification tnbound/outbound system as approved by the State of Texas General Servmes Comm]ssmn through a Quahfied Information Servmes Vendor (QISV) Catalogue, prowdmg for the expand~ture of funds therefore, and prowdmg an effective date (Purchase Order 07118 - AVTEX, Inc ~n the amount of $46,376) PURCHASE ORDER INFORMATION: This automated commumty notfficatmn mbound/outbotmd system ~s a mult~-user, multffunct~on commumty not~ficatmn system accessed from any telephone or fax machine The current release includes outeall messaging to md~wduals or groups, FAX broadcasting, FAX-on-demand, automated surveying, rebound commumty messaging center GIS mapping, as well as household and business database The system was designed for Law Enforcement and Emergency Management act~wt~es Th~s C~ty watch system would work similar to 911 only m reverse Law Enforcement, Emergency Management and/or other staff personnel could notify a person or an entire neighborhood of potential problems, or evacuatmn~groups of staff could be contacted by a s~ngle call, surveys could be taken, callers could be notffied of pending response to calls for help, bulletin board capabthtms, and pubhc works not~ficatmns for street constructmn etc Included m the price ~s all hardware, software, mstallatmn, trmmng, and 2-year on-s~te maintenance AVTEX, Inc Is a State of Texas (QISV) soib~are system prowder (ID#1-41-176-3767-900 and the prices reflected on purchase order are lower than current QISV catalogue pncmg approved by the State of Texas General Servmes Comm~ssmn RECOMMENDATION We recommend purchase order 07118 to AVTEX, Inc be approved ~n the amount of $46,376 PRINCIPAL PLACE OF BUSINESS: AVTEX, Inc Edma, MN ESTIMATED SCHEDULE OF PROJECT Pending approval by Council the system can be installed wtth]n 45 days or by the second week in November 2000 Agenda Information Sheet September 5, 2000 Page 2 FISCAL ,INFORMATION: Funding for this commumty notfficatlon system are avmlable from 1998 Local Law Enforcement Block Grant (90%) and 1999/2000 local grant matching funds (10%) · 249-070-LBG3-0001-9107 $41,738 · 249-070-LBG3~0002-9107 $ 4,638 Total $46,376 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 07118 to AVTEX, Inc Attachment 2 QISV Certfficatlon Attachment 3 Cost Proposal 1423 Agenda ATTACEMENT 2 AVTEX August 3, 2000 Sgt Clovis George Denton Police Department 601 East Hickory Street Suite E Denton, TX 76205 Dear Sgt George Enclosed please find a formal proposal, scope of work, and pacing proposal you requested regarding the C~tyWntch Commumty Notlt]cat~on System from AVTEX, AVTEX, lac ~s a quahfied State of Texas GSC QISV vendor Our QISV Vendor Ident~ficatson Number ~s 1-41-176-3767-900 Please feel free to call us w~th any questions or comments at 800-323-3639 e×t 3717 Went AVTEX look forward to the opportunities of working with you m the near future Don Denman C~tyWatch { Clows George - denton~ropo~! doc ATTACHMENT 3 F Cost Proposal - Equipment/Services Listing FORMAL PROPOSAL PREPARED FOR Denton Texas Police Department Following ~s a formal proposal prepared for the Denton Texas Pohce Department by AVTEX Ina of Edens, Mmnasota Th~s proposal portmns to the purchase ota CttyWatch Commumty Messaging System developed installed and trained by AVTEX Th~s proposal includes all the eqmpment, software, and servmes hstcd below and furntshed by AVTEX QTY DESCRIPTION Indusmal Pennum 650mz Computer System W~ndows NT 4 0 for Workstations Opera~tng System 128MB RAM 20 0 GIG Internal Hard D~sk Drive 40X CD-ROM Drive 3 5 Floppy Drive MS Moose 101 Keyboard Speakers 1:5 SVGA Color Momtor 32 b~t PCI Graphms Card Hewlett Packard DeskJet Pnnter 56K US Robotics Modem/Mouse/Keyboard PC Anywhere Remote Dmgnost~c Software Internal Tape Backup System end Software 4 Port Telecommunications Interface Cards (12 hnas) 4 Port FAX Communizations Card (8 stmultaneous fax ports) CltyWateh OUT-CALL MessagmgSoftware (tclephones/pagers/emml) CityWateh Voice %urvey SoRware CatyWatch Community Message Center Software CityWatch Team Building/Mobilization Software CityWateh Fax Broadcast Software (multdme fax software) CltyWatch FAX-ON-DEMANDSoftware (multflme fax sol. are) CityWatch Senior Citizen Health Check/Call Scheduling SoRware CityWatch TDD-TTV SoBware (On ALL PORTS) CityWateh GIS Mapping Software - Street Maps of Denton Texas Clov~s George - dentonproposal doc Household and Business Database Covering Denton Texas (approx 80 000 pop) CityWatch Report Generation/Database Management Software Sh~pp~ng and Handling 2 Days On-s~te System Installation and User Trmnmg (includes all expenses) One Year Parts, Software Software Administration 800 Support Software Rewslons Remote Adm~mstrat~on Warranty Purchase Price of Above $ 37,400 00 · CltyWateh con easily be Integrated Into Denton's LAN for system access via desktops All required Is a network card There Is no charee for ClO~ Watch client licenses G Warranty - Optional Maintenance Contract Included m the purchase price of th~s proposal ~s o full 1 year system warranty whmh includes all cemputcr hardware components on-site labor, software components software revisions 800 telephone support (7 X 24), remote system admmlstretlon and remote training Starling year 2 and at, er, CdyWatch Customers have the option to purchase a full system maintenance contract Including all of tho serwces hsted above for 12% oftbe anginal purchase pace of their system per year This Maintenance Contract does include software revisions ;~ ~L~ ~ ~ ~ H Year 2000 Compliance Statement AVTEX lac warrants that the computer hardware and software components proposed and farnmhed pursuant to this agreement shall when used m accordance with the product documentatmn be able to accurately process time and date reformation (including but not hm~ted to, calculating comparing and sequsacmg) from mia and between the twant~eth and twenty first centar~es and the years 1999 and 2000 including leap year calculataous In the event that any breach of this warranty AVTEX wdl restore the '+system to the same level as warranted harem or repair or replace the system with a conforming system so as to minimize interruption to Authorized User's on-game bumness processes t~me being at the essence at AVTEX's sole cust and expense Thls warranty does ant extand to correctmn ofAuthor~zed User setters ~n data entry pr data conversion This warranty shall surwve beyond termmataon or expiration ofth~s agreement relating to year 2000 system performance 1. Implementation Plan - Training - Projected ProJect Completaon Date Avtex lnc provides all serwces mcludmg on-s~te system installation and user/adm~mstrator training at the Customer Iocatmn Upon receipt of Customer order Avtex contacts Customer and estabhshes a mutually agreeable install-* ,~ date to be performed at Customers locations Avtex wdl send Customer full system ~mplementat ts and user manuals for pre installation review Avtex wdl procure all proposed computer hmu id set,ware components configure load and test all system components, procure and configure GIS Mapping and databases Customer wdl ~dent~fy telephone hne serx ~ce to be utd~zed and have telephone hne service operational and m-place upon Avtex installation ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN AUTOMATED CITY WATCH COMMUNITY NOTIFICATION INBOUND/OUTBOUND SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 07118 - AVTEX, INC IN THE AMOUNT OF $46,376) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, eqmpment, supphes or services m accordance with the procedures of state law on behalf of the City of Denton, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Sennces Commission programs at less cost than the City would expend if bidding these items ind~wdually, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herem, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items an the following numbered purchase order for materials, eqmpment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 07118 AVTEX, Inc $ 46,376 SECTION II That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained an the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City SECTION III That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or Ins designated representative is hereby authorized to execute the written contract wluch shall be attached hereto, prowded that the written contract xs xn accordance with the terms, conditions, specifications and standards contmned in the Proposal submitted to the General Services Commission, quantities and specified sums contmned m the City's purchase orders, and related documents herein approved and accepted SECTION IV That by the acceptance and approval o f the above numbered items set forth ~n the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and xn accordance w~th the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective ~mmedmtely upon its 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 PO 07118 - CONTRACTUAL ORDINANCE 8-2000 AoendaNo A~o.enda Item uat AGENDA INFORMATION SHEET AGENDA DATE: September 5, 2000 Questions concerning this acquisitlon may be directed DEPARTMENT' Utilities Customer Service to Susan Croff349-8199 CM/DCM/ACM: ACM - Howard Martin ACM ~ SUBJECT An ordinance approving a third amendment to an agreement between the C~ty of Denton and the Greater Denton Arts Cotmcll dated October 15, 1990, anthor~zmg the City Manager, or h~s designee, to execute an agreement approwng the expenditure of funds therefore, and providing for an effective date BACKGROUND The Greater Denton Arts Council (GDAC) has requested that the City revise and update the schedule authonmng the City to reimburse GDAC for the utflmes used by the Campus Theatre Under the current agreement, the City reimburses GDAC for utdlt~es used within reimbursement limits promded by the agreement Two prior amendments to this agreement occurred on August 20, 1991 and January 21, 1997 On August 8, 2000, Council asked that the third amendment to the contract with GDAC be prepared and presented to the Council In addition, the Cotmml requested that a usage audit be conducted and a summary of usage changes b~ presented to Council in connection with the requested reimbursement of $10,691 42 This Information will be presented September 12, 2000 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 15, 1990, the Ctty of Denton and GDAC entered into an agreement, providing for payment of funds by the City to GDAC for reimbursement of Campus Theatre utdltles This agreement was amended on August 20, 1991, and January 21, 1997 FISCAL INFORMATION Thc amendment as requested by GDAC, would increase the City's annual contribution by $2,000 to $5,000 The dollar affect will vary depending on rate changes and actual usage Respectfully submitted Howard Martin Assistant City Manager - Ut~htles Prepared by Su~ Croft/)/ Ut~htles ServiCes Manager S \shared\dept~LGL\Our Documents\Ordmances\OO~mndmn tDntn Arts Councd doc ORDINANCE NO AN ORDINANCE APPROVING A THIRD AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL DATED OCTOBER 15, 1990, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the C~ty Council has determined that ~t ~s ~n the best interest of the mt~zens of the mty to prowde pubhc funds to the Greater Denton Arts Council, ~n cons~deratmn of the valuable pubhc servmes to be furmshed by smd orgamzatmn to the C~ty of Denton, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Council hereby approves the third amendment to an Agreement dated October 15, 1990, attached hereto, between the C~ty of Denton and Commumty Chmcs for Denton County (the "Agreement"), and authorizes the C~ty Manager, or hm designee, to execute said Agreement SECTION 2 The C~ty Council authorizes the expenditure of funds ~n the manner and amount as spemfied ~n the Agreement SECTION 3 Th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM 3a~ AMENDMENT OF AGREEMENT BETWEEN THE CITY OF DENTON GREATER DENTON ARTS COUNCIL RECITALS On October 15, 1990, the Cxty of Denton (CITY) and Greater Denton Arts Council (GDAC) entered into an agreement, provxdmg for payment of funds by the CITY to GDAC for promdmg the commumty servmes described therexn (the "agreement" ) The agreement was amended on August 20, 1991 (the "1st Amendment") and on January 21, 1997 ,, nd (the 2 Amendment ) The parties desire to amend the Agreement agmn by repealing the 2nd Amendment ~n ~ts entirety and substituting ~t w~th th~s 3ra Amendment Th~s 3rd Amendment amends Schedule "A" of such Agreement, relating to the level of utility serwce consumption by GDAC for which the C~ty will rmmburse GDAC, so that hereaRer Schedule "A" shall read as follows I SCHEDULE "A" I II III UTILITY SERVICE ANNUAL CONSUMPTION MONTHLY USAGE Electricity 355,800 KWH 29,650 KWH 100 KW (demand) Water 79,300 Gallons 6,608 Gallons Wastewater 63,440 Gallons 5,287 Gallons Natural Gas 190 CCF 15 83 CCF The City will be responsible for the lesser of the cost of actual consumption and the costs based on the estimates set forth above On or before the 5th day of each month, the CITY shall pay GDAC a sum equal to the estimates for utlhty bflhng for the consumption and facility charges for the utility servmes enumerated in Column III GDAC shall provide the CITY with written evidence on a monthly basis of the actual consumption On June 30 of each year the Caty will reconcile the utdaty accounts If the actual consumption ~s less than the above estimates, the City will be reimbursed for the cost of the d~fference The City Manager is authorized to adjust the above estimates every three years based on the prior two years' actual consumption Every three years the City will conduct a usage audit and make recommendations to GDAC regarding energy savings measures to be implemented III Except for the amendment set forth above, the terms of the original Agreement of October 15, 1990, shall remain in full force and effect PASSED AND APPROVED this the day of ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY GREATER DENTON ARTS COUNCIL BY ATTEST BY AGENDA ][NEORMATION SHEET AGENDA DATE September 5, 2000 DEPARTMENT Electric Utlhtles ACM , Howard Martin, 349-8232~/W~ SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF ERICH BIRCH, P C, FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE BAC~ For the past four years, Denton Mtmlclpal Electric (DME) has retained the services of the law firm of Lloyd, Gossehnk, Blevms, Rochelle, Baldwin & Townsend, P C to represent DME before the Public Utthty Commission of Texas Dunng the past six months, the representation expanded to matters before the Texas Natural Resources & Conservation Comm~ssion (TNRCC) regarchng DME's generation assets, related to the development of the Dallas/Fort Worth area SIP Mr Erich Birch of that finn specmhzes in the environmental area His assastance w~th the TNRCC was extremely valuable He is very knowledgeable in the environmental area and has an excellent relatmnslup w~th the TNRCC Comrmss~oners and staff Mr Birch has chosen to form Ins own law firm effectave August 21, 2000 Continued avmlabfllty of legal representatmn in the environmental area is cntmal at tins time The Dallas/Fort Worth SIP (winch contains terms favorable to DME) is being challenged m court DME needs to do whatever is necessary to support the proposed SIP Therefore DME ~s proposing to retmn Mr B~rch for representataon in tins area The existing C~ty of Denton Utility Attorney can not handle these tasks due to workload constraints In addmon, enwronmental practice is a specialty It would not be efficient for a City Attorney to attempt to learn all the procedural reqmrements and travel to Austin to handle these affairs OPTIONS: 1 Utilize [he services of Mr Birch to perform tls work 2 Cease support for the DallasfFor~ Wo~h SIP and risk loss of the favorable terms obtained for the Spencer generating units RECOMMENDATIONS. DME recommends [he use of [he LAW OFFICES of Erich Birch for environmental representation In-house attorneys do not have the time or [he expe~lse to perform th~s work efficiently PRIOR ACTION/REVIEW (Council, Boards, Comm~ssion) The Public Utlh~es Board approved [he subject con~act at its August 21, 2000 meeting by a vote of 6 to 0 with 6 members present FISCAL INFORMATION. Not to exceed $25,000 Respectfully submitted 'Sharon Mays 1 Director of Electric Utilities ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGKEEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF ERICH BIRCH, P C, FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Cny Council deems that ~t as ~n the pubhc ~nterest to engage the Law Offices of Ench B~rch, P C, of Austin, Texas, (the "Farm") to prowde professaonal legal services to the C~ty pertaamng to Mr B~rch's continued representation of the Caty and Denton Mumc~pal Electnc ("DME') before the Texas Natural Resource Conservation Commission ("TNRCC') ~n the areas of pubhc utflaty regulatory law and adm~mstrat~ve law, respecting the act~vat, es of DME, the representataon shall specifically pertaan to the C~ty's comphance w~th the TNRCC electric utility State Implementation Plan ("SIP") rules, as well as any rule-makang proceeding or any project relating to electnc utility a~r emissions, as well as to the ~mplementat~on of the SIP, and WHEREAS, the Caty staff has reported to the C~ty Councal that there ~s a substantaal need for the above-referenced professxonal legal services, and that hnnted C~ty staff cannot adequately perform the specmhzed services and tasks winch are for the most part centered ~n Austin, Texas, wath ~ts own personnel, and WHEREAS, Mr B~rch has prewously performed servaces for the C,ty on the above-referenced matters ~n h~s capacity as an attorney assocmted w~th the law finn of Lloyd, Goaselmk, Blev~ns, Rochelle, Baldwin 8,: Townsend, P C, of Austin, Texas Mr B~rch leaves that fLrm effective August 18, 2000 and thereafter continues Ins practice of law as the Law Offices of Erich B~rch, P C, and WHEREAS, Mr B~rch ~s currently providing services to the C~ty, and will continue doing so regarding the above-referred to act~vmes currently pending before the TNRCC, and accor(hngly, ttns Agreement should be ratafied and confirmed, and should be retroactavely approved and made effective as of August 18, 2000 to properly compensate the F~rm for legal services performed dunng the weeks before Council actaon ~s taken on the Agreement, wtuch services have 4trectly benefited the C~ty, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a C~ty may not select a prowder of professional servaces on the bas~s of competmve bads, but must select the provader on the bas~s of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable pnce, and the Council hereby finds and concludes that the Fn'm ~s appropriately qualified under the prows~ons of that law to be retained as outside legal counsel for the C~ty and DME respectang fins engagement, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ECTION 1 That the recitations set forth and contained ~n the foregmng preamble are expressly incorporated by reference ~nto tlus Ordinance SECTION2 That the C~ty Manager ~s hereby authorized to execute an Agreement for Professional Legal Servmes by and between the C~ty and the Law Offices of Ench B~rch, P C, of Austin, Texas, ~n substantially the form of the Agreement for Professmnal Legal Servmes attached hereto and incorporated herewith by reference SECTION 3 That the award of th~s Agreement by the C~ty ~s on the bas~s of the demonstrated competence, knowledge, and quahficatmns of the F~rm and the abthty of the F~rm to perform the services needed by the C~ty for a fmr and reasonable pnce SECTION 4 That the expenditure of funds as prowded ~n the attached Agreement for Professional Legal Servmes ~s hereby anthonzed SECTION 5 That the above and foregoing Agreement for Professmnal Legal Servmes ~s hereby ratffied, confirmed, and retroactively approved, and shall be effective from and after August 18, 2000 SECTION 6 that except as otherwise provided m Sectmn 5 above, th~s Ordinance shall become effec'ave ~mmethately upon ~ts passage and approval PASSED AND APPROVED tlus the. day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Our Documl~nts\Ord~nances\00~Ench Birch PSA Legal Svcs TNRCC SIP Final Ord doc 4 AGREEMENT FOR PROFESSIONAL LEGAL SERVICES STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into flus day of C ' 2000, by and between the Law Office of Erich Brrch, p ~-, a Texas Professional orporatmn (hereinafter referred to as "Consultant"), wtth Erich B~rch, Shareholder, having full authority to execute thru Agreement on behalf of the fn-m, 7000 North MoPac Expressway, 2 ~loor, Austin, Texas 78731, and the CITY OF DENTON, a Texas Mumclpal Corporation, 215 East McKmney, Denton, Texas 75201 (hereinafter referred to as the "City"), wath Michael W Jez, C~ty Manager, having full anthonty to execute th~s Agreement on behalf of the City W'ITNIq~q,ql~,TH, WHEREAS, the C~ty deems it necessary and m the pubhc Interest to continue to engage legal counsel to provide professional legal services w~th respect to the C~ty's compliance with the TNRCC electric utility State Implementatmn Plan ("SIP") rules as well as any rulemakmg proceechng or any project relating to electric utility arr emissions as well as respecting the ~mplementat~on of the SIP, or otherwise affecting the City, and WHEREAS, the Consultant is wilhng to perform such servmes tn a professional manner as an independent contractor, and has competently and efficiently performed mrmlar services for the City over the past several years, and the C~ty has selected Consultant on the bas~s of demonstrated competence and qualifications necessary to perform the needed services, and WHEREAS, the City demres to engage the Consultant to render the professional services m connection therewith, for a farr and reasonable price, conmstent w~th, and for a fee not kg, her than the recommended practmes and fees pubhshed by the applicable professional associations, and such fees do not exceed any maxanum provaded by taw, all m accordance w~th the prowslons of Chapter 2254 of the Texas Government Code (the "Professional Services Procurement Act"), and the Consultant is willing to promde such servmes, NOW, TFIEREFORE, m conmderatmn of the pron~ses and mutual obhgatmns hereto, the C~ty and Consultant do hereby mutually AGREE as follows, to wit I. Sen.ne nf ,qamea~, The Consultant shall perform the following servmes m a professional manner working as an independent contractor not under the d~rect supermsmn and control of the C~ty Page 1 5 A Services to be provided To represent the City by supporting the TNRCC m its defense of the Dallas-Fort Worth electric utility State Implementation Plan ("S2") m the TXU v TNRCC non- attmnment lawsuit Representation will consist of intervening m the lawsuit to the extent necessary to preserve the current status of the electric generating facility roles as apphed to the City of Denton and advising the City on the progress of the lawsuit The support expected under tins proposal will revolve mlmmal and limited activity m the lawsuit If more aggressive efforts or additional ~nvolvement are reqmred, the partms expect to provide for an amendment to tins agreement to provide for additional ,professional legal services B The Consultant shall perform all the services reqmred by tins Agreement m a treacly fasinon, and shall complete them m compliance with schedules established by the City through tts Dn:ector of Electric Utilities as appropriate to can'y out the terms and conthUons of tins Agreement II Term. Tins Agreement shall be effective as of June I, 2000, and shall terminate either upon the completion of the professional services provided for hereto, or on December 31 2000, or upon the exhaustion of all professional fees provided for hereunder, winchever event shall first occur Tins Agreement may be sooner terminated m accordance with the proms~ons hereof Tn'ne is of the essence of ttus Agreement Consultant shall make all reasonable efforts to complete the services set forth herem as expethtlously as possible during the term of tins Agreement, and to meet the schedules estabhshed by the City, through ~ts Director of Electric Utdmes, or her designee m Cam?on,at, on nnd Method nfPnymoq/. A The Consultant shall charge the following fees for its professional services provided to the City hereunder, based upon the followmg hourly billing rates for the attorneys and support staffmvolved m tins matter Staff Hourly R am Erich B~reh, Shareholder $180 00 Consultant agrees that all charges for the legal services hereunder, including expenses as set forth m Section rll C below, shall not exceed $25,000 00 B The Consultant shall endeavor to have the attorneys and employees listed m Section IlIA above, reasonably attempt to reduce costs by utthzmg other quahfied shareholders, associates, and paralegals wherever feasible or possible The Consultant shall bill the City through the subnusslon of ltermzed mvomes, statements, and other documentation, together w~th support data indicating the progress of the work and the services performed on the bas~s of monthly statements, showing hourly rates indicating who performed the work, what type of work was done, and descnpttons and/or detmls of all services rendered, including a dmly, and an entry-by-entry reflection of billable Page 2 tn'ne spent on tlus engagement, along w~th specffic descnptlon and supporting documentatmn, ~f available, respecting any reasonable and necessary out-of-pocket expenses recurred by Consultant m performing the professmnal servmes provided for under tlus Agreement Professmnal fees shall be b~lled m mmnuum one-tenth (1/10) hour increments C Adchtmnally, the City shall e~ther pay directly or rennburse the Consultant, as the case may be, for reasonable and necessary actual out~or-pocket expenses, including but not hm~ted to, long-distance telephone, telecopler, reproduction, postage, overmght comer, and transportation and travel All cop~es w~ll be charged at the rate of fifteen cents ($15) per copy for cop~es made wathm Consultant's offices, with as much photocopying as possible being done by outside vendors at bulk rates or by the C~ty to reduce costs ff bulk copying ~s necessary or appropriate The parties agree that the charges for outgoing telecop~es from Consultant shall be $ 25 per page and that there wall be no charge by Consultant for incoming telecopms D The part,es antm~pate that invoices or statements for professmnal services will be generated on a monthly bas~s and that smd mvomes or statements wall be sent to the C~ty by Consultant on or about the 15th day of each month The City shall make payment to the Consultant wathm thaW (30) days after receipt of an appropnate ~tennzed mvome or statement To the extent that any fees or expenses are chsputed by the City, the City shall notify Consultant wltinn tinrty (30) days after ~ts receipt of the mvmce or statement, and shall otherwise pay all un&sputed amounts set forth m the invoice or statement watinn thn'ty (30) days after ~ts receipt of the invoice or statement All renubursable expenses, mcindmg, but not necessarily lmuted to travel, lodging, and meals, shall be pad at the actual cost, pursuant to the terms, conchlaons, and lmutatmns set forth herem All invoices or statements shall be a reviewed by the Director, Denton Mumc~pal Electric, or her designee, and shall be reviewed and approved by the Assistant C~ty Attomey/Utlhtles E It ~s understood and agreed that the Consultant shall work under the coordmatmn and general supermslon of the D~rector of Electric Ut~ht~es, or her designee F All notmes, invoices, statements, and payments shall be made m writing and may be given by personal dehvery or by mad As to notmes - to Michael W Jez, City Manager, C~ty of Dentun, Texas, 215 East McKmney, Denton, Texas 76201 or to Ins designee, as to mvomes and statements, to Mmhael S Copeland, AaslStant C~ty Attorney, Ut~hty Adrmmstrat~on Department, at the same address, as to the C~ty, and to Erich Bn:ch, Esq, at 7000 North MoPac Expressway, ~ 2 Floor, Austin, Texas 78731, as tu the Consultant When so addressed, the not,ce, mvome, statement and/or payment shall be deemed guven upon the deposit of same m the Umted States Mall, postage prepmd In all other instances, notmes, mvomes, statements, and/or payments shall be deemed g~ven at the tune of actual dehvery Changes may be made m the names and addresses of the responsthle person or office to whtch notmes, mvomes, statements and/or payments are to be sent, provided reasonable notme ~s g~ven Page 3 s~] b~ ros~o~slb]o to ~ iow] o~ com~otonoy ~ sh~ uso ~ ~d c~e presently m~tamed by other practmmg professionals perfo~g the s~e or sml~ ~es of work For ~e p~ose of tbs A~eement, the key persons who w~ll be peffo~g most of the work here~dg shall be Erich Birch, Sh~eholder However, no~g hereto shall l~lt Consulter ~om using o~er qu~fied ~d competent members of ~e fm to peffo~ the s~ces requ~ed hereto ~f such delegatmn ~s reasonably appropriate ~d properly protects the C~W's interests B ~y ageements, ordm~ces, nonces, ms~ents, memor~da, repo~s, le~ers, ~d 0~ leg~ docments prepped or obtained ~der ~e terns of ~s A~eement ~e ms~ents of se~me ~d ~e C~W sh~l retain o~ers~p ~d a prope~ ~nterest thereto ~s A~eement is re.mated at ~y nme for ~y re.on prior to pa~ent to the Consult~t for work ~der ~s A~eement, all such docments prepped or obt~ed ~der ~e terns of the A~eement sh~l upon temnat~on be dehvered to ~d become ~e prope~ of ~e C~W upon request ~d wi~out res~ctmn on ~e~r use or ~er compemat~on to ~e Consulter V Estahh~hmen/ and Mmntannne~ of Raenrd~_ Full ~d acc~ate records sh~l be mmntmned by ~e Consult~t at 1ts place of business w~th respect to ~I maaers covered by ~s A~eement Such records shE1 be mmt~ed for a period of at le~t ~ee ye~s after receipt of final pa~ent ~der tbs A~eement ~ Andtt. q and Tn~p~e~nn. At ~y ~me d~g no~ business ho~s ~d upon re~onable notme to ~e Consult~t, ~ere sh~l be made avmlable to the C~W all of the Consulter's records w~ respect to fll ma~ers covered by ~s A~eement The Consulter sh~I pemt ~e C~W to audit, ex--e, md m~e exerts or ~scnpts from such records, ~d to m~e aunts of con~acts, mvomes, maten~s, ~d o~er ~ta relating to all ma~ers covered by ~s A~ement ~ Aeenmph~hmant nfPrn?et, ~e Consult~t shall co~ence, c~ on, md complete ~s profess~o~ engagement w~ fll pr~cable &spatch, m a so~d, econo~c~ md effic~mt ma~er, ~d, m accord~ce ~ ~e promsmns hereof ~d all apphcable laws h accomphs~g ~e projects, the Co~t~t sh~ t~e such st~s ~ me appropnate to ms~e ~at ~e work revolved ~s properly coor~ated wt~ ~y related work being c~ed on by ~e C~w lndamm~ and lndap~nd~nt Cnntrnetnr ~ln~nn~h~p_ A C0mult~t sh~l peffom all se~mes ~ m independent con.actor not ~der ~e d~ect supe~smn ~d consol of the C~ No~g hereto sh~ be cons~ed ~ creating a rela~omhp of employ~ ~d employee be~een the p~es ~e C~ ~d Cons~t~t a~ee to cooperate m ~e defense of ~y cl~s, actmn, stat, or proceeding of ~y ~d brou~t by a ~d p~ w~ch may reset ~om or d~ectly or md~ectly rose from ~y Page 4 8 negligence and/or errors or onnsslons on the part of the Consultant or from any breach of the Consultant's obhganons under tlns Agreement In the event of any litigation or chun under t/us Agreement m winch Consultant ~s joined as a party, Consultant shall provide statable counsel to defend City and Consultant against such clanm, provided the Consultant shall have the right to proceed with the competent counsel of its own choosing The Consultant agrees to defend, Indemmfy and hold harmless the City and all of its officers, agents, servants, and employees against any and all such clanns to the extent of coverage by Consultant's professmnal habihty pohcy The Consultant agrees to pay all expenses, mcinchng but not krmted to attorney's fees, and satisfy all judgments that may be recurred or rendered against the Consultant's professional liability insurance pohcy Nothing here~n constitutes a waiver of any rights or remeches the City may have to pursue under either law or eqmty, including, without Imutatton, a cause of action for specific performance or for damages, a loss to the City, resulting from Consultant's negligent errors or ormsslons, or breach of contract, and all such nghts and remedies are expressly reserved B Consultant shall maintain and shall be caused to be in force at all throes during the term of tins Agreement, a legally bm(hng policy of professional habdlty insurance, hsted by Best Rated Careers, with a rating of "A-" or above, issued by an insurance career approved to do business m Texas by the State Insurance Comrmsslon Such coverage shall cover any clmm hereunder occasioned by the Consultant's negligent professional act and/or error, act, or omission, in an amount not less than $1,000,000 combined smgle lurnt coverage per occurrence In the event of change or cancellation of the policy by the insurer, the Consultant hereby covenants to nnmedlately notify the City m wntmg thereof, and m such event, the Consultant shall, prior to the effective date of change or cancellation, serve a substitute pohcy furmshmg the same or Ingher amount of coverage The Consultant shall pro,adc a copy of the declarations page of such pohcy to the City through its D~rector of Electric of Unhnes sunultaneously w~th the execution of ti'ns Agreement IX Tarmm,atmn of Agreement. A In cormectmn with the work outlined m this Agreement, it is agreed and fully understood by the Consultant that the City may cancel or mdefimtely suspend further work hereunder or terminate ttns Agreement at any tune upon written notice to Consultant, Consultant shall cease all work and labor being performed under t/us Agreement Consultant may terminate tlns Agreement by g~vmg the City fifteen (15) days written nonce that Consultant is no longer m a posmon to continue representing the C~ty Consultant shall invoice the City for all work satasfactonty completed and shall be compensated m accordance with the terms of this Agreement All reports and other documents, or data, or work related to the project shall become the property of the C~ty upon ternunat~on of tlns Agreement B Tins Agreement may be terminated m whole or m part, m writing, by either party m the event of substantaal fmlure by the other party to fulfill its obligations under tins Page 5 9 Agreement through no fault of the temnnatmg party Provided, however, that no such termination may be affected, unless the other party is g~ven [1] written notice (delivered by certified mai1, return receipt request) of intent to tenumate, and not less than thmy (30) calendar days to cure the fmlure, and, [2] an opponumty for consultalaon with the terminating party prior to termination C Nothng contained hereto or elsewhere ~n this Agreement shall reqmre the City to pay for any work winch is unsatisfactory or winch is not submitted m compliance with the terms of tins Agreement X Altarnate B~.nnta R~alutmnl The Consultant agrees that, if necessary, it will use Its best efforts to resolve any chsputes regarding the Agreement through the use of medmtlon or other forms of alternate (hspute resolution set forth ~n Chapter 154 of the Texas Civil Practices and Remedies Code (V A T C S ) XI ~ Tins Agreement represents the entire agreement and understanding between the purees and any negotlauons, proposals, or oral agreements are intended to be integrated hereto and to be superseded by tins written Agreement Any supplement or amendment to tins Agreement, m order to be effective, shall be in writing and signed by the City and the Consultant XII Cnmpltanee with I,aWS. The Consultant shall comply with all federal, state, local laws, roles, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended, including but not lmnted to the Texas Dlsmphnary Rules of Professional Conduct XIII C'~nvarmn~ Law. For the purpose of deternumng place of agreement and law governing same, tins Agreement ~s entered into m the C~ty and County of Denton, State of Texas, and shall be construed m accordance with, and governed by the laws of the State of Texas Venue and junsdmtlon of any suit or cause of actaon arising under or m cormect~on with tins Agreement shall he exclusively m a court of competent junsdmtlon sitting m Denton County, Texas XIV Dl~er~mlnatmn Prah~h~t~d: In peffonmng the services reqmred hereunder, the Consultant shall not dlscnnnnate against any person on the basis of race, color, rehgmn, sex, nataonal ongm or ancestry, age, or physical hanchcap A Consultant represents that ~t has or will secure at its own expense all personnel requn:ed to perform the services reqmred under tins Agreement Such personnel shall not be employees nor have any contractual relatmns with the City Consultant shall reform tho City of any conflict of interest or potential confhct of interest that may arise during the term of tins Agreement, m accordance with Consultant's responsibilities under the Texas Dlsmplmary Rules of Professlonal Conduct Page 6 10 B All services requn:ed hereunder will be performed by the Consultant or under its dn'ect supervision All personnel engaged m work shall be quahfied and shall be hcensed, authonzed, or pernutted under state and local laws to perform such services XV'I A~unahfl~t~.. The Consultant shall not assign any interest m tins Agreement and shall not transfer any interest m tbas Agreement (whether by assignment, novation, or otherwme) w~thout the prior written consent of the City thereto XVII Sewrahfl~. All agreements and covenants contained hereto are severable, and m the event any of them, w~th the exception of those contained ~n sections eaded Scope of h ~' Services", "Independent Contractor Relatlonslup", and "Compensation and Method of Payment" hereof, shall be held to be invalid by any court of competent junsdmtlon, tins Agreement shall be interpreted as though such mvahd agreements or covenants were not contained herein XVIII Ra?nn~hflm~s fnr Cl~m~ and l,mhfl~ty, Approval by the City shall not constitute nor be deemed a release of the responslb~hty and hablhty of the Consultant for the accuracy and competency of ~ts work, nor shall such approval be deemed to be an assumption of such responslblhty of the C~ty for any defect m any report or other documents prepared by the Consultant, ~ts shareholders, associates, employees, officers, or agents m cormectmn with tlus engagement XIX Morhfieaflnn of Agraamant.. No waiver or modification oftlus Agreement or of any covenant, condition, or lnmtatmn hereto contained shalI be valid unless m writing and duly executed by the party to be charged therewith No evidence of any waiver or mochficatlon shall be offered or received m ewdence m any proceeding arising between the parties hereto out of or affecting t/us Agreement, or the rights or obhgatmns of the parties hereunder, unless such wmver or mochficatlon is m writing, duly executed as aforesmd The parties further agree that the provisions of tins anmle w~ll not be wmved as hereto set forth XX. ~ The captions of tlns Agreement are for reformational purposes only and shall not m any way affect the substantive terms or condltmns of tins Agreement XXI ltmam~) l~.ff~'ct. Tlns Agreement shall be binding upon and inure to the benefit of the parties hereto and~thetr respective he~rs, executors, adrmmstrators, legal representatives, successors, and assigns, where perrmtted by ttus Agreement IN WITNESS HEREOF, the C~ty of Denton, Texas has executed tlus Agreement m four (4) original counterparts by and through its duly anthonzed City Manager, and Consultant has executed tbas Agreement by and through its duly anthonzed undersigned Shareholder, dated tlus the . day of ,2000 Page 7 CITY OF DENTON, TEXAS A Texas Mumclpal Corporation By Michael W Jez, City Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY LAW OFFICE OF ERICH BIRCH, P C, A Texas Professional Corporation Ench'~B~rch, ~hareholder ATTEST By. 1060\12~agtOOO809emb I Page 8 12 AGENDA INFORMATION SHEET AGENDA DATE September 5, 2000 DEPARTMENT Electric Utility 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 SERVICES WITH LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, p C, FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS, IN THE AR~AS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND For the past four years, Denton Mumclpal Electric (DME) has retained the services of the law £n'm of Lloyd, Gossehnk, Blevms, Rochelle, Baldwin & Townsend, p C to represent DME before the Pubhc Utthty Commission of Texas ImtlallY the representation centered primarily on the required transmission rate filings with the PUCT It then expanded to intervention m PUCT proceedings whose outcome would effect DME, mcluchng the formal filing of comments on DME's behalf Dunng the past six months, the representation has expanded to matters before the Texas Natural Resources & Conservation Commission (TNRCC) regarding DME's generation assets, related to the development of the Dallas/Fort Worth area SIP The firm also occasionally represents DME m TPPA attorney working groups on various issues such as development of a Code of Conduct for mumclpal utlht~es and cooperatives and development of terms and conditions for distribution system access for opt-m mumclpal utilities and cooperatives The ex~stmg C~ty of Danton Utility Attorney can not handle these tasks due to workload constraints In adchtlon, regulatory practice is a specmlty It would not be efficient for a City Attorney to attempt to learn all the procedural reqmrements and travel to Austin to handle these affarrs C°ntrnued avallablhty of tbas legal representation is critical at tl. ns tmae The £mahzatlon of the Texas electric industry structure is now slurring to PUCT t~om ERCOT OPTIONS: 1 Continue to use the services of Lloyd, Gossehnk, Blewns, Rochelle, Baldwin & Townsend, P C for legal regulatory representation 2 Attempt to use m-house attorneys to perform the required work .RECOMMENDATIONS- DME recommends the continued use of Lloyd, Gossehnk, Blewns, Rochelle, Baldwin & Townsend, p C In-house does not have the time or the expertise to perform th~s work efficiently .PRIOR ACTION/REVIEW (Councd, Boards, Commission) The Pubhc Utilities Board approved the subject contract at its August 21, 2000 meeting by a vote of 6 to 0 w~th 6 members present FISCAL INFORMATION Not to exceed $75,000 Respectfully submitted Sharon Mays D~rector of Electric Utilities 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P C, FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS, IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Counml deems that it is m the pubhc mterest to engage the law firm of Lloyd, Gossehnk, Blevms, Rochelle, Baldwin & Townsend, P C, of Austin, Texas, (the "F~rm") to prowde professional legal servmes to the C~ty pertaining to representation of the C~ty and Denton Mummpal Elect-nc ("DME") before the Pubhc Utdmes Commission of Texas ("PUC") ~n the areas of pubhc ut~hty regulatory law and adm~mstratave law, respecting the act~vmes of DME, and WI-IEREAS, the C~ty staff has reported to the City Council that there ~s a substantml need for the above-referenced professmnal legal services, and that hm~ted C~ty staff cannot adequately perform the specmhzed services and tasks wbach are for the most part centered m Austin, Texas, w~th ~ts own personnel, and WI4_EREAS, the C~ty has heretofore engaged the F~rm by several prewous Agreements for Professional Legal Servmes to perform sumlar servmes to those servmes prowded for m the Agreement for Professmnal Legal Servmes attached hereto Further, that the F~rm has performed and prowded legal servmes benefiting the C~ty under the most recent Agreement winch became effective on November 1, 1999, on a contmuons and uninterrupted basra, m order to safeguard and represent the interests of the C~ty and DME before the PUC, m dealing w~th sudden, largely unpredictable events and developments, and wtth adrmmstrattve deadhnes that many t~mes reqmre ~rnmed~ate attennon or response In June 2000, the funds prowded for m the most recent Agreement were exhausted Nonetheless, the C~ty requested that the Firm prowde continuous representation of the C~ty and DME on ~mportant PUC ~ssues until such t~me as a new Agreement for Professmnal Legal Services could be entered into, providing for contanuatxon of the professional legal servmes az well as additional compensation to the F~rm, and until such Agreement could be approved by the C~ty Council Accorthngly, ~t m appropriate that the new Agreement for Professional Legal Servmes by and between the C~ty and the Firm attached hereto, should be ratified and confmned, and should be retroactively approved and made effective as of June 1, 2000, m order to properly compensate the F~rm for ~ts work that has d~rectly benefited the C~ty, and winch work was done at the spemfic instance and request of the C~ty, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Servmes Procurement Act", generally provides that a C~ty may not select a provider of professmnal servmes on the basis of compet~tave b~ds, but must select the provider on the bas~s of demonstrated competence, knowledge, and quahficatxons, and for a fmr and reasonable price, and the Counc,1 hereby finds and concludes that the F,rm ,s appropriately quahfied under the provls~ons of that law to be retmned as outs,de legal counsel for the C,ty and DME respecting tlus engagement, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the recitations set forth and contmned m the foregoing preamble are expressly incorporated by reference into th~s Ordinance SECTION2 That the C~ty Manager ~s hereby authorized to execute an Agreement for Pmfessmnal Legal Servmes by and between the C,ty and the law firm of Lloyd, Gossehnk, Blewns, Rochelle, Baldwin & Townsend, P C, of Austin, Texas, ~n substantmlly the form of the Agreement for Professmnal Legal Serv,ces attached hereto and incorporated herewith by reference SECTION 3 That the award of th,s Agreement by the C,ty ~s on the bas,s of the demonstrated competence, knowledge, and quahficatmns of the F~rm and the ability of the F~rm to perform the servmes needed by the C~ty for a fmr and reasonable price SECTION 4 That the expenditure of funds as prov,ded m the attached Agreement for Profeas~onal Legal Servmes ~s hereby authorized SECTION 5 That the above and foregmng Agreement for Professional Legal Servmes ~s hereby ratffied, confirmed, and retroactively approved, and shall be effective fi:om and after June 1, 2000 SECTION6 That except as otherwise provaded m Sectmn 5 above, th~s Ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED tins the. day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Our Doc umonts\Ordmance~0'0.,1 oyd 'Gos schnk et al PSA#2 PUC 2000 orcl doc 4 STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT FOR PROFESSIONAL LEGAL SERVICES THIS AGREEMENT, made and entered into tlns day of 2000, by and between LLOYD, GOSSELINK, BLEVINS--~ ROCHELLE, BALDWIN ~ TOWNSEND, p C, a Texas Professional Corporation (hereinafter "Consultant"), with Lambeth Townsend, Shareholder, having full authority to execute tins Agreement on behalf of the firm, 111 Congress Avenue, Suite 1800, Aastm, Texas 78701, and the CITY OF DENTON, a Texas Mummpal Corporation, 215 E McKamey, Denton, Texas 75201 (herematter "City"), with Mmhael W Jez, City Manager, having full authority to execute tlus Agreement on behalf of the City ~¥[TNI~,~qETI-I_ WHEREAS, the City deems it necessary and m the pubhc interest to continue to engage legal counsel to provide professional legal servmes with respect to the City's compliance with the Public Utlhty Commission ("PUC") electric transnnsmon service rules as well as any rulemakmg proceeding or any project relatmg to electric transrmsmon service as well as respecting the lmplementatmn of Senate Bill 7, or otherwise affecting the City, and WHEREAS, the Consultant is w~llmg to perform such services m a professional manner as an independent contractor, and has competently and efficiently performed mnnlar services for the City over the past several years, and the City has selected Consultant on the basis of demonstrated competence and qualifications necessary to perform the needed services, and WHEREAS, the City desires to engage the Consultant to render the professional services m cormectlon therewith, for a fair and reasonable price, consistent with, and for a fee not Ingher than the recommended practmes and fees pubhshed by the applicable professional associations, and such fees do not exceed any maxnnum prowded by law, all m accordance with the promslons of Chapter 2254 of the Texas Government Code (the "Professional Services Procurement Act"), and the Consultant is willing to provide such services, NOW, THEREFORE, m consideration of the pronnses and mutual obhgatlons herein, the City and Consultant do hereby mutually AGREE as follows, to wit I ~ The Consultant shall perform the following services m a professional manner working as an independent contractor not under the &rect supervision and control of the City A Services to be provided 1060\12\agtOOOSOgrltI Page 1 5 1 Consultant shall represent the City before the PUC concermng the City's compliance w~th the PUC's Transnusslon Service Rules and concermng any rulemakmg proceechng or project relating to transmassmn service, unplementmg Senate Bill 7, or otherwise affecting the C~ty, including, w~thout lmntat~on, the professional legal services w~th regard to subrmttmg pleadings and comments and attending all uncontested heanngs and other proceedings in relation to these matters, and to consult with the C~ty through ~ts Denton Mumc~pal Electnc ("D/ViE") staff with regard to all fihngs, uncontested hearings, and other issues related to tins project Provided, however, ~£ the City elects to participate m a contested case proceeding at the PUC relating to transn'nssmn service or any other matter, the parties agree that it will be necessary to enter into a separate professional services agreement, to provide for such add~tmnal legal services 2 To consult with the C~ty Manager, Assistant C~ty Manager for Utlht~es, the Director of Electnc Uttht~es, the C~ty Attorney, the Assistant City Attorney for Uttht~es, and other designated adunmstrat~ve personnel or staff regarding any and all aspects of the pro£esslonal services to be performed, including legal research, analys~s, and advice w~th respect to such matters Thas wall include coordinating act~vmes w~th the D~rector of Electric Ut~ht~es, the C~ty Attorney and then: respective staff to efficiently perform the services reqtured and to preserve the Attorney/Chent privilege, work product, and all other apphcable exceptions to the dmcovery or d~sclosure of documents produced by the C~ty and the Consultant under the Scope of Services heremabove B The Consultant shall perform all the services reqmred by tins Agreement m a tnnely fastuon, and shall complete them m comphance w~th schedules estabhshed by the C~ty through ~ts D~rector of Electric Utdmes as appropriate to carry out the terms and cond~tmns of ttus Agreement II Term: Thas Agreement shall be effective as of June 1, 2000, and shall temamate either upon the completion of the professmnal services provided for here~n, or on December 31 2000, or upon the exhaustion of all professmnal fees prowded for hereunder, whachever event shall first occur Tlus Agreement may be sooner terminated m accordance with the provisions hereof Tune ~s of the essence of th~s Agreement Consultant shall make all reasonable efforts to complete the servmes set forth harem as expedltmusly as possible dunng the term oftbas Agreement, and to meet the schedules estabhshed by the C~ty, through ~ts D~rector of Electric Uttht~es, or her designee III Cnmp~n~ntlon and Method nf Payment A The Consultant shall charge the following fees for ~ts professmnal services provided to the City hereunder, based upon the following hourly bllhng rates for the attorneys and support staffmvolved mttus matter 1060\12\agt000809rlti Page 2 Haurly Rate Lambeth Townsend, Shareholder $ 200 00 Georgia Crump, Shareholder $190 00 lhchard Hamala, Assocmte $180 00 Paralegal $ 80 00 Law Clerk $ 75 00 Consultant agrees that all charges for the legal servmes hereunder, including expenses as set forth m Sectton III C below, shall not exceed $75,000 00 B The Consultant shall endeavor to have the attorneys and employees hsted m Section III A above, reasonably attempt to reduce costs by utthzmg other quahfied shareholders, assocmtes, and paralegals wherever feasible or possible The Consultant shall b~ll the C~ty through the subrmssmn of ~ten~uzed mvmces, statements, and other documentatmn, together wtth support data mdmatmg the progress of the work and the services performed on the bas~s of monthly statements, showing hourly rates md~catmg who performed the work, what type of work was done, and descnptmns and/or detmls of all services rendered, including a dmly, and an entry-by-entry reflectmn ofb~llable tn'ne spent on tlms engagement, along wxth specffic descnptmn and supporting documentation, ff avmlable, respecting any reasonable and necessary out-of-pocket expenses recurred by Consultant m performmg the professional services prowded for under th~s Agreement Professmnal fees shall be b~lled m m~mmum one-tenth (1/10) hour increments C Additionally, the C~ty shall e~ther pay d~rectly or rermburse the Consultant, as the case may be, for reasonable and necessary actual out-of-pocket expenses, including but not ltrmted to, long-thstance telephone, telecop~er, reproductmn, postage, overmght courier, and transportation and travel All cop~es w~ll be charged at the rate of fifteen cents ($15) per copy for cop~es made w~thm Consultant's offices, w~th as much photocop3qng as possthle being done by outrode vendors at bulk rates or by the C~ty to reduce costs if bulk copying ~s necessa~ or appropriate The parties agree that the charges for outgoing telecop~es from Consultant shall be $ 25 per page and that there w~ll be no charge for incoming telecop~es D The part~es antm~pate that mvomes or statements for professmnal servmes will be generated on a monthly bas~s and that smd mvomes or statements w~ll be sent to the C~ty by Consultant on or about the 15th day of each month The C~ty shall make payment to the Consultant w~thm tlhrty (30) days after receipt of an appropriate ~termzed invoice or statement To the extent that any fees or expenses are d~sputed by the C~ty, the C~ty shall not~fy Consultant w~thm thmy (30) days after ~ts receipt of the mvmce or statement, and shall otherwise pay all undxsputed mounts set forth m the mvmce or statement w~thm thu-ty (30) days after as receipt of the mvome or statement All rennbursable expenses, including, but not necessarily In'rated to travel, lodging, and meals, shall be prod at the actual cost, pursuant to the terms, cond~tmns, and lmutatmns set forth hereto All mvomes or statements shall be a reviewed by the Drreotor, Denton Mumc~pal Electric, or her designee, and shall be revmwed and approved by the Assistant C~ty Attomey/Ut~ht~es 1060\ 12~agt000809rlt I Page 3 E It IS understood and agreed that the Consultant shall work under the coordmatmn and general supervmmn of the D~rector of Electric Ut~lmes, or her designee F Ail notmes, invoices, statements, and payments shall be made xn wntmg and may be g~ven by personal dehvery or by mai As to notices to M~chael W Jez, City Manager, C~ty of Denton, 215 East McKmney, Denton, Texas 76201 or to Ins desxgnee As to mvmces, statements, or payments to M~chael S Copeland, Assistant City Attorney, Ut~hty Admm 1DlelPartment, at the same address, as to the City, and to Lambeth Townsend, Lloyd/Gosselmk, Congress Avenue, State 1800, Austin, Texas 78701, as to the Consultant When so addressed, the not, ce, mvome, statement and/or payment shall be deemed g~ven upon depostt of same m the U S Mml, postage prepmd In all other instances, nonces, ~nvmces, statements, and/or payments shall be deemed g~ven at the tu'ne of actual dehvery Changes may be made m the names and addresses of the responsible person or office to winch notmes, mvomes, statements and/or payments are to be sent, prowded reasonable nottce ~s g~ven IV Prafe~mn al fqompetency. A Consultant agrees that m the performance of these professional services, Consultant shall be responsthle to the level of competency and shall use the same degree of skall and care presently maintained by other pract~cmg professmnals per£ormmg the same or slrmlar types of work For the purpose oft[ns Agreement, the key persons who w~ll be performing most of the work hereunder shall be Lambeth Townsend and Georgia Crump, Shareholders However, nothmg herein shall hm~t Consultant from using other quahfied and competent members of the firm to perform the services reqmred hereto if such delegation ~s reasonably appropriate and properly protects the Cxty's interests B Any agreements, ordinances, notices, mstruments, memoranda, reports, letters, and other legal documents prepared or obtmned under the terms of tlus Agreement are instruments of servme and the Cxty shall retain ownersinp and a property mterest therem If tins Agreement xs terminated at any tu'ne for any reason prior to payment to the Consultant for work under tins Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be dehvered to and become the property of the C~ty upon request and w~thout restncUon on their use or further compensation to the Consultant V ¥,~tnhh~hmant and Mmntenanca of Raenrds, Full and accurate records shall be mamtmned by the Consultant at ~ts place of business w~th respect to all matters covered by thru Agreement Such records shall be mamtamed for a period of at least three years after receipt of final payment under th~s Agreement VI Aud~l'~ and In?eetmn, At any ttme during normal business hours and upon reasonable nottce to the Consultant, there shall be made avmlable to the C~ty all of the Consultant's records with respect to all matters covered by th~s Agreement The Consultant shall perrmt the C~ty to aucht, examine, and make excepts or transcripts fi.om such records, and to make auchts of contracts, mvomes, materials, and other data relatmg to all matters covered by tins Agreement 1060\I 2\agt000809rlt 1 Page 4 VII Aeenmph~hm~nt of Pro?~,L. The Consultant shall commence, carry on, and complete ttus profess,onal engagement wtth all practicable d~spatch, m a sound, econormcal and efficient matter, and, m accordance w~th the provismns hereof and all apphcable laws In accomphshmg the projects, the Consultant shall take such steps as are appropriate to insure that the work revolved ~s properly coordinated w~th any related work being carned on by the C~ty VIII Tnd~mntty and Ind~?~nd~nt Contraetnr Relationship, A Consultant shall perform all serrates as an mdependent contractor not under the threct supervision and control of the C~ty Nothing hereto shall be construed as creating a relatmnsl~p of employer and employee between the parhes The C~ty and Consultant agree to cooperate m the defense of any clarms, action, stat, or proceeding of any kdnd brought by a tlard party whmh may result fi.om or d~rectly or mchrectly arise fi'om any negligence and/or errors or ormssmns on the part of the Consultant or from any breach of the Consultant's obhgat~ons under ttns Agreement In the event of any lmgat~on or clmm under th~s Agreement m Much Consultant is joined as a party, Consultant shall provide statable counsel to defond City and Consultant against such claun, provided the Consultant shall have the right to proceed w~th the competent counsel of ~ts own choosing The Consultant agrees to defend, mdemmfy and hold harmless the C~ty and all of zts officers, agents, servants, and employees against any and all such clauns to the extent of coverage by Consultant's professional hab~hty pohcy The Consultant agrees to pay all expenses, zncludmg but not 1Lrmted to attorney's fees, and satisfy all judgments that may be recurred or rendered against the Consultant's professional hablhty insurance pohcy Nothing hereto constitutes a watver of any rights or remedms the City may have to pursue under either law or eqmty, including, without Inmtanon, a cause of actzon for specffic performance or for damages, a loss to the C~ty, resulting from Consultant's neghgent errors or ormss~ons, or breach of contract, and all such rights and rerned~es are expressly reserved B Consultant shall maintain and shall be caused to be m force at all t~nes dunng the term of tl'ns Agreement, a legally binding pohcy of professional hablhty insurance, hsted by Best Rated Careers, w~th a rating of"A-" or above, maned by an insurance career approved to do business m Texas by the State Insurance Comrmssmn Such coverage shall cover any claLm hereunder occasioned by the Consultant's neghgent professmnal act and/or error, act, or ormsslon, m an amount not less than $1,000,000 combined single lmm coverage per occurrence In the event of change ur cancellatmn of the pohcy by the insurer, the Consultant hereby covenants to Immediately notify the C~ty m writing thereof, and m such event, the Consultant shall, prior to the effective date of change or cancellation, serve a substitute pohcy furmshmg the same or ~gher amount of coverage The Consultant shall prowde a copy of the declarattons page of such pohcy to the C~ty through ~ts Dn:ector of Elect~c of Ut~ht~es sunultaneously wath the execut, on of tlus Agreement IX Termmnflon nf A~r~nmnnt. 1060\12\agt000809rltI Page 5 A In connection with the work outlined m tins Agreement, it ~s agreed and fully understood by the Consultant that the C~ty may cancel or mdefirately suspend further work hereunder or terminate this Agreement at any time upon written not~ce to Consultant, Consultant shall cease ,all work and labor being performed under tins Agreement Consultant may terminate tins Agreement by giving the City fifteen (15) days written notice that Consultant ~s no longer m a poslt~on to continue representing the City Consultant shall invoice the City for all work satmfactonly completed and shall be compensated ~n accordance with the terms of tins Agreement All reports and other documents, or data, or work related to the project shall become the property of the City upon temamatlon of tins Agreement B Tins Agreement may be ternunated m whole or in part, m writing, by either party m the event of substantial fa]hire by the other party to fulfill ~ts obllgatmns under tins Agreement through no fault of the terrmnatmg party Provided, however, that no such termmatmn may be affected, unless the other party is g~ven [1] written notice (delivered by certified mall, return receipt request) of intent to terminate, and not less than tinrty (30) calendar days to cure the fmlure, and, [2] an opportumty for consultation with the termmattng party prior to terrnmat~on C Nothing contained hereto or elsewhere m this Agreement shall require the City to pay for any work which is unsalasfactory or winch is not subrmtted m compliance with the terms of tins Agreement X Alternate I'hsnnte R~nh]tmn, The Consultant agrees that, if necessary, it will use ~ts best efforts to resolve any'cl~sputes regarding the Agreement through the use of medmtlon or other forms of alternate dispute resolution set forth m Chapter 154 of the Texas C~v~l Practices and Remedies Code (V A T C S ) XI ~ Tins Agreement represents the entzre agreement and understanding between the part]es and any negotlatmns, proposals, or oral agreements are intended to be integrated hereto and to be superseded by this written Agreement Any supplement or amendment to ttus Agreement, m order to be effective, shall be m writing and signed by the City and the Consultant XII Ce~m?mne~ with l.aw~_ The Consultant shall comply w~th all federal, state, local laws, rules, regulalaons, and ordinances apphcable to the work covered hereunder as they may now read or hereafter be amended, mcindmg but not lumted to the Texas Dmclplmary Rules of Professional Conduct XIII. Gov~rning l[,aw. For the purpose of determining place of agreement and law governing same, tins Agreement is entered into m the City and County of Denton, State of Texas, and shall be construed m accordance w~th, and governed by the laws of the State of Texas Venue and junsd~ctlon of any suit or cause of action arising under or m connection w~th tins Agreement shall he exchis~vely m a court of competent junsductmn s~ttmg m Denton County, Texas I060\12\agt000809rltl Page 6 XIV D~nerwmmat, on Proh~hwtarlz In perforrmng the services reqmred hereunder, the Consultant shall not dlscnmmate against any person on the basis of race, color, rehgmn, sex, national ongm or ancestry, age, or physical hand~cap Per~nnnel, A Consultant represents that it has or w~ll secure at its own expense all personnel required to perform the servmes reqmred under tins Agreement Such personnel shall not be employees nor have any contractual relatmns anth the C~ty Consultant shall inform the C~ty of any confhct of interest or potential conflmt of mterest that may arise during the term oft/ns Agreement, m accordance w~th C ' Texas D~sc~plmary Rules of Professmnal Conduct onsultant s responslbilmes under the B All services reqmred hereunder w~ll be performed by the Consultant or under its direct supervision All personnel engaged m work shall be qualified and shall be hcensed, authorized, or pernutted under state and local laws to perform such services XVI. A,~onahd~ty. The Consultant shall not assign any interest in tlus Agreement and shall not transfer any interest m tlns Agreement (whether by assignment, novation, or otherwase) without the prior written consent of the City thereto XV[I Sev~rnh~h~[y~., All agreements and covenants contained hereto are severable, and in the event any of them, w~th the exceptmn of those contained m sectmns headed "Scope of Services", "Independent Contractor Relat~onslup", and "Compensation and Method of Payment" hereof, shall be held to be mvahd by any court of competent junschctlon, tins Agreement shall be interpreted as though such mvahd agreements or covenants were not contained herein XVIII. Re~pnng:hffit~e,q fnr CIn:m~ und I,mhfl,~ Approval by the City shall not constitute nor be deemed a release of the respnnslb~hty and hablhty of the Consultant for the accuracy and competency of ~ts work, nor shall such approval be deemed to be an assumptmn of such responslblhty of the Czty for any defect m any report or other documents prepared by the Consultant, 1ts shareholders, assocmtes, employees, officers, or agents in connectmn wuth thts engagement XIX M'ndffien~nn nf A~reamant_ No waiver or mochficat~on of tins Agreement or of any covenant, condition, or lmutatmn hereto contained shall be valid unless m writing and duly executed by the party to be charged therewzth No evzdence of any wmver or modlficatmn shall be offered or received m evidence m any proceeding arising between the part,es hereto out of or affecting tins Agreement, or the nghts or obhgat~ons of the part~es hereunder, unless such wmver or mo&ficat~on is m writing, duly executed as aforasmd The part,es further agree that the prowslons oftlns article wall not be wmved as hereto set forth XX ~ The captions of tins Agreement are for mformat~onal purposes only and shall not m any way affect the substantive terms or condalons of tins Agreement 1060\ 12Xagt000809rlt 1 Page 7 XXI. ~ Tlus Agreement shall be binding upon and inure to the benefit of the pames hereto and thew respecUve he~rs, executors, admunstrators, legal representatives, successors, and assigns; where perrmtted by tins Agreement IN WITNESS I~EREOI~, the C~ty of Denton, Texas has executed tlus Agreement m four (4) original counterparts by and through its duly authorized City Manager, and Consultant has executed thts Agreement by and through its duly authorized undersigned Shareholder, dated tbs the day of ~ 2000 CITY OF DENTON, TEXAS A Texas Mumclpal Corporation By Mmhael W Jez, C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY LLOYD, GOSSELINK, ROCHELLE, BLEVINS ROCHELLE, BALDWIN & TOWNSEND, p C A Texas Professional Corporauon By ~ 1060\12kagt000809rltl Page 8 12 ATTEST 1060\1~ag~OOOSOgml Page 9 AGENDA INFORMATION SHEET AGENDA DATE September 5, 2000 DEPARTMENT Elect-nc Ut~hty ACM Howard Martin, 349-8232 <~ SUBJECT. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES PREVIOUSLY ENTERED INTO BY THE CITY AND R J COVINGTON CONSULTING ON JANUARY 5, 1999, AND AS PREVIOUSLY AMENDED BY FIRST AMENDMENT THERETO ON JUNE I, 1999, AND AS PREVIOUSLY AMENDED BY SECOND AMENDMENT THERETO ON OCTOBER 19, 1999, AND AS AMENDED FOR A THIRD TIME BY ADDING TASK ORDER NO 00-B THERETO, WHICH THIRD AMENDMENT PROVIDES FOR ADDITIONAL ELECTRIC iNDUSTRY PROFESSIONAL CONSULTING SERVICES RELATING TO RESTRUCTURING IMPLEMENTATION, TO BE PERFORMED FOR DENTON MLrNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE For the past four years, ~t has been the practice of Denton Mumcapal Electric (DME) to maintain a dmly servlees contract w~th R J Covmgtun, m~t~ally as an employee of Resource Management Internalaonal followed by contracting with h~s Independent consulting firm Mr Covington and h~s finn have prowded a variety of analytical and strategic planmng support to DME over th~s per~od in areas such as Development of strategic options · Gas price forecasts · Assistance in financml and technical model development · Drafting of'contracts and agreements · RFP development · Techmcal support for state legislative efforts · Rewew and analysis of TMPA financial records · DME load analys~s · Support for DME Pubhc Ut~hty Commission of Texas (PUCT) fihngs The ex~st~ng DME staff,s unable to perform all of these types of tasks e~ther because of workload or lack ofexpertase In addition, Mr Cowngton's location m Austin provides a cost effective way to access data located in Austin, such as PUCT records and filings by other electric uUlltles, and provides ham access to reformation sources not avmlable to staff ~solated in Denton Since the passing of SB 7, Mr Covlngton's firm, working in coorthnatlon with DME and Garland staff members, has been critical in providing coverage of the large number of Austin based Electric Reliability Council of Texas (ERCOT) and PUCT comrmttees, workshops and projects that are determining the operational structure of the new retail deregulated marketplace It has become clear that fmlure of DME to participate effectively ~n these activities wall result m development of a market model harmful to the interest of smaller players such as DME The electric market development process has now roached its final, critical, stage The time for implementation ~s now limited All parties are staging a "full court press" both at the PUCT and ERCOT to influence the market design to their advantage DME needs all the resources possible to mmntam the positions it has negotiated thus far OPTIONSI 1 Continue to use Mr Covmgton's services 2 Reduce DME participation in the development of the new electric market design RECOMMENDATIONS' DME recommends contanmng use of Mr Cowngton's firm for the tasks outhned in the attached task order PRIOR ACTION/REVIEW (Council. Boards, Comm~as~on) The Pubhc Utilities Board approved the subject Task Order at ~ts August 21, 2000 meeting by a vote of 6 to 0 with 6 members present FISCAL INFORMATION. Task Order 00-B not to exceed $100,000 Respectfully submitted Sharon Mays Director of Electric Utilities 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZiNG THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES PREVIOUSLY ENTERED iNTO BY THE CITY AND R J COVINGTON CONSULTING ON JANUARY 5, 1999, AND AS PREVIOUSLY AMENDED BY FIRST AMENDMENT THERETO ON JUNE 1, 1999, AND AS PREVIOUSLY AMENDED BY SECOND AMENDMENT THERETO ON OCTOBER 19, 1999, AND AS AMENDED FOR A THIRD TIME BY ADDING TASK ORDER NO 00-B THERETO, WHICH THIRD AMENDMENT PROVIDES FOR ADDITIONAL ELECTRIC INDUSTRY PROFESSIONAL CONSULTING SERVICES RELATING TO RESTRUCTURING IMPLEMENTATION, TO BE PERFORMED FOR DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Tinrd Amendment to the "Professmnal Servmes Agreement For Consulting Servmes Relating to the Denton Mumclpal Electnc Ut~hty" (the "Agreement"), heretofore entered into by and between the City of Denton, Texas and R J Covington Consulting, Austin, Texas on the 5th day of January, 1999, (wluch Agreement was approved by the Councd ~n Ordinance No 99-011, enacted on January 5, 1999), providing for professional consulUng services ~n the area of electric restructunng and the potential thvest~mre of all or a part of the City's electric system, all as set forth m Task Order No 99-A, and winch Agreement was thereafter first amended to provide for additional professional consulting services m the area of electric restmctunng as set forth ~n Task Order No 99~B, winch F~rst Amendment to the Agreement was approved by the Council m Ordinance No 99-187, enacted on June 1, 1999, and winch Agreement was thereafter further amended for a second tn-ne to provide for addmonal professional consuinng services in the area of potential electric thvest~ture and restmctunng as set forth ~n Task Order No 99-C, winch Second Amendment to the Agreement was approved by the Council m Ordinance No 99-388, enacted on October 19, 1999 SECTION 2 That the Agreement is now being amended for a tinrd time to promde for additional professional consultang services m the area of tmplementatlon of electnc restrucmnng as set forth more particularly ~n Task Order No 00-B, a copy of winch Task Order ~s attached hereto and incorporated herewith by reference, and winch Task Order constitutes the tinrd amendment document and provtdes that R $ Covington Consulting shall perform addmonal regulatory, techmcal, and related electric industry professional consulting servmes supporting the City and Denton MUmclpal Electnc, and winch Task Order provides for the payment by the City of addmonal fees and expenses m an amount not to exceed $ I00,000 00 respecting the addmonal servmes to be performed by R J Covington Consulting pursuant to smd Task Order No 00-B 3 SECTION 3 That the award of tlus Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of R J Covington Consulting and the ab~hty of R J Covington Consulting to perform the services needed by the City for a fair and reasonable price, all m accordance with the provisions of Chapter 2254 of the Texas Government Code, known as he Professional Services Procurement Act" SECTION 4 That the expenditure of funds as prowded for in the attached Third Amendment to Agreement, in the form of, and pursuant to Task Order No 00-B, is hereby authorized SECTION 5 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the ... day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmances\00\R J Comngton. 3rd Amended PSA TO #00-B DME ord doc THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT DATED JANUARY 5, 1999 BETWEEN THE CITY OF DENTON AND RJ COVINGTON CONSULTING TASK ORDER NO 00-B Restructunng Implementahon Services Tasks prowded for m flus Tturd Amendment are directed at continuing assmtance to City staff (Staff) m parhctpat~on at the Pubhc Utrhty Comrmsslon of Texas (PUC) and at the Electric Rehabgaty Council of Texas (ERCOT) on issues affecting the City The PUC xdentffxed 36 projects for developing the rules and pohcles that will shape the electnc industry as retail access is rmplemented on ~anuary 1, 2002 New projects are bemg added as new issues develop These projects will either d~rectly affect the City's mumcxpal electrxc system, or by shapmg and defining the competition, mchrectly affect the way the C~ty will conduct its electric busmess This, m turn, will affect the level which the electric system can contribute to the funding of City operations The developmental stage of mdustry restructuring is nearing completion and the Implementatxon phase is begmmng Implementation requires coordination of pohcles and rules bemg developed through PUC Projects leading to Rulemakmgs and ERCOT ISO working groups The rules, pohcles, procedures and systems are to be m place by ~une 1, 2001, the start of the customer choice pilot program This means there continues to be multiple PUC projects and rulemakmgs, as well as, multiple ERCOT groups workmg on ~mplementation issues that w~ll affect the City's electric system Some of the key issues presently being addressed that drrectly affect the City include · How will umts be designated as must-run umts and how will they be compensated? Ttus is a parSacularty crxtical issue as the C,ty looks at making investments to meet the State Implementation Plan (SIP) The outcome of flus and smular issues could affect the value of the City's generation m the current sale of the assets · How will the City structure itself to meet ~t load serving obhgations? · Will the Cxty act as a Qualffxed Scheduling Entity or choose another to act m that capacity for the City? · How will those obhgat~ons differ ff the City decides to "opt-m" to customer choice? · Should the C~ty opt-m and when? · What type of settlement procedures will the City need m the restructured market? · How will the C~ty be affected by the Non-IOU Code of Conduct being developed at the PUC? · Will the protocols being developed for the ISO retain the benefits on the issues the City has worked to achieve m the working cormmttees, such as dynamic scheduling Task Order No O0-B Restructuring Implementatmn Services for Gibbons Creek, restnctmg allocation to opt-out ut~ht~es of Unaccounted For Energy to zero except for transm~smon related actual losses, self provision of ancillary services, recogmt~on o£ the difference between mumcipahttes and cooperattves and IOU's? · How will settlement work to track and reconcile costs and how w~!l mumcipalitms fit rote that process? · What will be the cash flow impacts of weekly settlements and payments to the ISO? Some of the issues that are currently being addressed that wi/1 indirectly affect the Ctty are · How wtll the IOU's be unbundled rote separate busmess umts? · What services wdl the unbundled ent~ttes offer, when, where and how much? How will the capacity auchon be ~mplemented and how will it affect power costs? · How wdl relaabillty factors affecting the DFW area be addressed? · How w~ll moving from multtple control areas to a single control area affect the City? RJC's role wgl be that of Staff halson to the PUC to keep Staff reformed on acttvtttes, work with Staff m developing poslttons on issues, assist Staff m responding to issues that affect City and provide techmcal support for Staff and City's legal experts on regulatory issues RJC will supplement Staff on ERCOT acttmtles to keep Staff reformed of operational procedures that will affect the City's electric system and ass]st Staff m supporting positrons before ERCOT management and standing conmuttees as requested RIC's acttvlt~es will mclude, 1 ) attending workshops hosted by the PUC and ERCOT ISO, 2 ) partaclpatmg on relevant PUC and ISO conmmttees and panels to chscuss issues and work with Staff to ensure the City's interests are represented m the workshops, rulemakmgs, and comrmttee meetings, 3 analyzing proposed rules filed by PUC and pol~cles presented by the ISO, 4 preparatton of comments to be filed at the PUC to present the City's pomtmn on issues, 5 analyzing comments fried by other parties on issues affecting City, 6 working with City Staff and legal team to develop responses to positrons taken by other partms adverse to the City's positrons, 7 promdmg teckmcal support to Staff and the City's legal team on ~ssues before the PUC and the ISO, and, 8 maintaining mformatmn on actlmt~es at the PUC, ERCOT ISO and the Legislature that supports effecttve representation on issues m these and related proceedings associated with restructuring m Texas 2 of 5 6 Task Order No 00-B Restructuring Implementation Servmes Scope of Services Task A PUC And ERCOT Workshops and Committees I RJC w~ll stay reformed on activities at PUC and ISO and will attend PUC and ERCOT workshops and corramttees as needed 2 When appropriate, RJC will participate m the comauttees and workshops to represent interest of City based on d~rechons of Staff 3 Reports wg/be provided to Staff detmlmg xssues addressed and postttons taken by partms 4 RJC will d~scuss w~th Staff pomt~ons wtuch should be taken and strategies for working with part~es revolved 5 RJC will coordination coverage with Staff and other parttes with sm'ular interest to maintain effective coverage on the numerous issues affecting the Ctty Task B Evaluate Proposed Impl~montation Rules and Policies 1 The new rules being proposed by the PUC to xmplement restructuring will be evaluated as to their effect on the City 2 When requested by Staff, R]C will develop spreadsheet models and perform other analys~s as reqmred to evaluate the econormc xmpact of proposed rules on the City 3 RJC ~ chscuss proposed new rules and changes to exastmg m/es wxth Staff, helping to identify areas of concern and preparing posxtions on rules 4 When necessary, RJC w~ll meet wxth PUC staff to chscuss ~ssues of parhcular concern to the City, particularly where the stakeholder process at ERCOT fags to recogmze slgmficant adverse xmpacts on the C~ty from pohctes and rules being adopted Task C Preparation of C'nmmonl-~ 1 RJC wrll prepare or asmst m preparing comments to be filed wxth PUC representing City's position on xssues brought up m proposed rules and m the ERCOT Certrfication process 2 These comments wdl be coordinated through Staff and the City's legal team 3 RJC ~ assxst the City's legal team as necessary m the preparation of and filing of comments and letters to the PUC, the ISO and to the Legnslature Task D Coordmatlon of Work Effnr~ 1 RJC ~ have continuing commmmcat~on w~th Staff and the City's legal team m order to momtor proposed industry changes and address those ~ssues affecting muxuctpahties 2 An on-going dmlog will be maintained w~th Staff and the legal team m order to evaluate changing proposals and evaluate potential effects on City operations 3 of 5 7 Task Order No O0-B Restructuring Implementatton Services 3 InformaQon necessary to supplement and support the dec~szon making process w~ll be provided as requested 4 RJC ~ be avadable to chscuss vath the Utd~ty Board and City management to chscuss acbwbes at the PUC and the ISO as requested from hme to t~me by Staff 5 As dtrected by Staff, RJC ~ coordinate and support other consultants, attorneys, and lobbyrsts used by the Czty m order to insure coordmabon of plarmmg and other acbwttes Task E Teehmcal Support For Impl~mon~ahon Phase RJC w~ll promde techmcal support to the C~ty's legal team to assist m the evaluabon of rules, pohcms and procedures being adopted by the PUC and the ISO and the potential tmpact on the City under different scenarios 2 RJC wgl provide techmcal support to Staff, promdmg mformat~on as requested from lame to tmae to asszst Staff m its evaluabons and planning processes 3 The evaluabons and planmng process asmstance shall include such rssues as how restructuring ~s affecting power costs, what achvlttes the C~ty needs to be looking at to prepares for the Implementabon Date, how w~l the compet~bve changes be af£ectmg the Czty's ab~hty to retam and attract customers m the future 4 RJC will evaluate scenarios and proposals from perspecbve of City ut~ty and as a member of TMPA 5 Presentabons to Staff will be made as appropriate to chscuss results of analyses and recommended strategies based on the results Budget The budget for the above scope of servzces for labor and expenses is chfficult to esbmate due to the fact that the policy development and rmplementabon phases are just beginning Based on prior experience m working wzth these issues, RJC recommends a budget of $100,000 for labor and expenses Th~s budget wffl not be exceeded without prior approval of the City RIC will bill monthly w~th supporting documentabon of acbvlt~es performed The work being performed will be under the supervision of the Director of Electrzc Ulxhttes and may be modffaed at any ttrne upon appropriate nobce to RJC EXECUTED flus .day of ,199_ AUTHORIZED BY ACCEPTED BY CITY OF DENTON, TEXAS R J COVINGTON CONSULTING 4of5 8 Task Order No 00-B Restructuring Implementation Servmes ATTEST APPROVED AS TO LEGAL FORM JENNIFER WALTERS HERBERT L PROUTY CITY SECRETARY CiTY ATTORNEY ,, Dated t CONSENT AGENDA INFORMATION SHEET Ager~dd Ite~m~ AGENDA DATE. September 5~ 2000 DEPARTMENT: Finance ACM' Kathy DuBose, ACM Fiscal & Municipal Services V SUBJECT Consider an Ordinance approving the renewal of a contract for health msurance originally awarded pursuant to Orthnance No 99-376 to Aetna U S Healthcare, with thc renewal for the year 2001 being in the estimated amount of $4,183,822, authorizing the expenditure of funds therefore, and providing an effective date BACKGROUND The City of Denton offers health msurance to employees as part of theut benefit package Last year the health insurance contract was awarded to Aetna U S Healthcare as the lowest and best proposal That contract has an option to renew annually for two additional years pending City Council's approval The current contract year expires 12/31/00 and the second plan year will begm January 1, 2001 Per Council's direction, negotiations have been completed with Aetna U S Healthcare for a renewal rate of approximately 16 7% mcrease m premium costs Tlus uall cost the City an estimated annual amount of $461,387 more over the current costs Currently the HMO employee only monthly premium rate is $237 18 and will change to $276 90 (rate sheet attached) RECOMMENDATIONS City Council anthonzes the City Manager to renew the group health insurance contract with Aetna U S Healthcare for a second year with the option to renew the contract for an additional one (l) year so long as all contract obligations are satisfied and rates and services remain favorable to the City ESTIMATED SCHEDULE OF PROJECT: The current health contract is valid through December 31, 2000 and authorizes renewing with Aetna for an adchtional plan year effective Sanuary 1, 2001 through December 31, 2001 PRIOR ACTION/REVIEW At the July 25, 2000 City Council Work Session, staffprovlded analysis, information, and a recommendation (attached) regarding the City Health Plan The City Council directed staff to renew the contract with Aetna U S Healthcare for an additional plan year effective January l, 2001 through December 3 l, 2001 Agenda Information Sheet September 5, 2000 page 2 FISCAL INFORMATION The estimated total annual cost (combining City and employee contributions) for Aetna ~s approximately $4,183,822 The C~ty's contribution for HMO employee only ~s estimated at $3,216,470, which is w~thln the budget amount for FY 2000-2001 BID INFORMATION Aema U S Healthcare prowded the lowest and best proposal for health insurance when the contract was awarded last year EXHIBITS Proposed Ordinance Exhlb~t 1 - Estimated Premium Costs Exhibit 2 - Staff Recommendatton Letter Respectfully submitted Robert A Wa~goner, ARM Pask Manager ORDINANCE NO AN ORDINANCE APPROVING THE RENEWAL OF A CONTRACT FOR HEALTH INSURANCE ORIGINALLY AWARDED PURSUANT TO ORDINANCE NO 99-376 TO AETNA U S HEALTHCARE, WITH THE RENEWAL FOR THE YEAR 2001 BEING IN THE ESTIMATED AMOUNT OF $4,183,822, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No 99-376 the City Council of the City of Denton awarded a contract for health insurance (the "Health Insurance Contract") to Aetna U S Healthcare ("Aetna") for a period of one year with two one year options to renew, vath the first year commencing on January 1, 2000 and ending December 31, 2000, and WHEREAS, the City Council finds that it is in the pubhc interest to renew the Health Insurance Contract for a second year, beginning on January 1, 2001 and ending on December 31, 2001 in the estn-uated annual mount of $4,183 822 THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The Health Insurance Contract is hereby renewed for an adchtaonal year, beginning on January 1, 2001 and ending on December 31, 2001 in the estunated annual amount of $4,183 822 The City Manager is hereby anthonzed to execute any docuraent vath Aetna that may be necessary to evidence this renewal SECTION 2 The City Manager is authonzed to make the expenchtures as set forth m the Health Insurance Contract and tlus urdmance SECTION 3 Tins ordinance shall become effective munediately upon its passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTBST JENNIFER WALTERS, CITY SBCRETARY BY APPROVED.;.A~q/TO LEGAL. FORM Rlsk Manol~ement '215£ Mcgls, n~ * Denton~ Texas 76~01 Telephone (940) 349-8317 * DFI4z Metro (972) 434-2259 * Fax (940) $49-7206 MEMORANDUM DATE: July 25, 2000 TO: Honorable Mayor and Members of the City Council THRU: Robert Waggon ager SUBJECT: Health Benefits Recommendation The City of Denton Employee Health Benefits is under contract w~th Aetna U S Healthcare through December 31, 2000 The Czty has the option to renew the contract for an additional year, January 1, 2001 through December 31, 2001 The City may also bid out Employee Health Benefits through the RFP procedure in accordance w~th state law Our goal as an employer is to provide the best quality of health benefits to our employees at the best cost The way the cost of these benefits is shared between employer and employee is a matter of organizational philosophy and economics With flus goal m mind and through research and analysis of Employee Health Benefits, it is the recommendation of staff to renew the contract w~th Aetna for 2001 Council has expressed concerns regarding the Employee Health Benefit Plan including the utihzat~un of Denton medical providers, the financial stability of Aetna U S Healthcare, and Is interested in how City of Denton Employee Health Benefits compare to other area public entities' plans Staff has researched and addressed these concerns m depth Regarding Denton provider utilization, not only are 77% of our Health dollars spent for Denton medical providers, but w~th 43% of our employee base living outside of Denton, we are bnngmg business into the City In reviewing Aetna's financial stability, it was found that Aetna is experiencing healthy growth in revenues and Aetna's financial rating is as high as the City of Denton's credit rating Although the City of Denton contributes more per employee to its health plan than the other two local public entities, it has been found that the total contributions to the plans are nearly identical Thus the costs for health care have been shifted to the employees in these other two plans which allows the public entity to pay less Furthermore, when considerat~on is given to the reduced benefits of the other two entities' plans, the employees pay considerably more for health services rendered Therefore, the total costs of the other two plans become much greater than the City of Denton's plan w~th the burden of the adthtional costs shifted to the employees Further research showed that plans provaded by the Denton IPA network have fewer benefits at such a h~gher cost to be uncompet~t~ve when compared to Aetna In comparison to other area C~ty employee health plans, the Caty of Denton contributes more per employee for "employee only coverage" than some but not all of the plans rewewed However, many of these ent~t~es merease their contnbutaon to offset employee costs for "dependent/family coverages" whale the C~ty of Denton does not In sp~te of these offsets, C~ty of Denton employees st~ll pay less for dependent coverages When the total cost of family coverage is reviewed, the City of Denton's plan ~s the lowest cost of all. The goal as not to just provtde benefits at the best cost, but the best health care as well Th~s points to employee satisfaction At the Employee Insurance Committee (EIC) meetntg of June 28, 2000, employee representataves from all across the C~ty unanamously expressed thmr satisfaction voth Aetna as their provider of Employee Health Benefits Staff has found that the C~ty of Denton provides the best quahty of Employee Health Benefits at the best cost Staff recommends the C~ty of Denton renew ~ts contract w~th Aetna U S Healthcare for one year effective January 1, 2001 Exhabtt 2 ^oenda Item Oatp ~/~-/00 AGENDA INFORMATION SHEET AGENDA DATE September 5, 2000 DEPARTMENT Economic Development Department..,{ ACM, Dave Hill, Development Services SUBJECT Consider approval of a resolution of the City Council of Denton, Texas, Approving the Assignment by Nebng & Associates, Inc of a commercial operator lease executed September 24, 1996 to Nebng Properties, L P, and providing for an effective date BACKGROUND Mr Michael Nebng, Nebng & Associates, Inc has requested the City of Denton to authorize the assignment of Nebng & Associates, Inc airport lease with the City of Denton to Nebng Properties, L P Nebng & Associates, Inc will continue to occupy the facility located on Airport property and will continue to conduct daily operations as outlined in the initial term of the lease agreement No change will be made to any terms in the ex]sting agreement ESTIMATED SCHEDULE OF PROJECT The lease assignment would become effective September 5, 2000 and continue through the 23ra day of September 2026 (end of current lease) The lease also provides for two successrve renewal terms of ten years each PRIOR ACTION/REVIEW The C~ty Attorney has review this assignment and the Airport Advisory Board recommends approval of smd assignment FISCAL INFORMATION There will be no change to the lease rate established in the original lease of September 24, 1996 or subsequent amendments made to the lease agreement EXHIBITS Resolution Letter of Request Respectfully submitted lflda Ratllff, Director Economic Development Depafanent Prepared by Mark lqelson Airport Manager 2 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN NEBRIG & ASSOCIATES, NEBRIG PROPERTIES, L P, AND THE CITY OF DENTON WHICH ASSIGNS AN AIRPORT LEASE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty Manager ~s authorized to execute an Assignment and Assumption Agreement between Nebng & Associates ("Assignor"), NEIBRIG PROPERTIES, L P, a Texas limited partnersinp ("Asmgnee"), and the C~ty of Denton ("Landlord"), winch is attached hereto and made a part hereof SECTION 2 Tins ordinance will authorize the Assignor to asmgn, transfer, set over, and deliver to Assignee all of Asmgnor's nght, t~tle and ~nterest ~n and to the Lease dated September 23, 1996, as amended by a F~rst Amendment dated February 18, 1997 and a Second Amendment dated October 5, 1999, whereto Assignor agreed to lease certtun real property from Landlord at the Denton Mumc~pal Airport SECTION 3 Tins ordinance shall become effective immediately 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 FORS~ By ~'~~ 3 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMEN'i is dated the day of , 2000 by and between Nebng & Associates ("Ass~gnor"), NEBRIG PROPERTIES, L P, a Texas hm~ted partnership ("Assignee"), and the C~ty of Denton ("Landlord") Recitals of Fact A Assignor and Landlord entered into that certain A~rport Lease Agreement dated September 23, 1996, as amended by a First Amendment dated February t8, 1997 and a Second Amendment dated October 5, 1999 (the "Lease"), where~n Ass~gnor agreed to lease certain real property from Landlord at the Denton Municipal Airport, as more particularly described m the Lease B Assignor desires to assign, transfer, set over, and deliver to Ass,gnee all of Assignor's right, title, and interest in and to the Lease C Assignee desires to assume all of Assignor's right, title, and ~nterest in and to the Lease D Landlord desires to acknowledge, agree to, and consent to the assignment of the Lease to Assignee Agreement In consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows 1 Assignment Assignor assigns, transfers, sets over and delivers unto Assignee all of Assignor's nght, title, and ~nterest ~n and to the Lease ~, 2 Acceptance Assignee accepts the foregoing assignment of the Lease and assumes all duties and obhgatlons of Assignor under the Lease 3 Consent Landlord acknowledges, agrees to, and consents to Assignor's assignment of the Lease to Assignee 4 Assignor's Continuing Obhgation This Assignment shall not act to release Assignor from its obhgatlons under the Lease 5 Miscellaneous Th~s Assignment and Assumption Agreement shall be (a) binding upon, and inure to the benefit of, the parties to this Assignment and Assumption Agreement and tbmr respective heirs, legal representatives, successors and assigns, and (b) construed in accordance with the laws of the State of Texas IN WITNESS WHEREOF, tbm Assignment and Assumption Agreement has been s~gned and dehvered by the part~es as of the date first above written ASSIGNOR NEBRIG & ASSOCIATES pDrae~}~eMn~ chael Nebrlg ASSIGNEE NEBRIG PROPERTIES, L P BY DREWCY, INC General Part r BY LANDLORD CITY OF DENTON, TEXAS By M~chael W Jez City Manager APPROVED AS TO LEGAL FORM Herbert L Prouty, City Attorney By Edwin M Snyder First Assistant City Attorney 5 August 2 2000 j Nebrig & Malk Nelson Associates, Inc Altpolt Mallagel - CITY OF DENTON 4801 John Catr¢ll Ro ld 5000 Anpmt Road m,~to,~ ix 7620' Denton, ~1 exas 76207 ~el 9io 484 7355 Metro 940 243 7555 l-~x 940 566 1602 Mink Tins shall serve as otu request to have the ctu~ent Aupo~t Lease Agreement bemeen the Clly of Denlon and Nebng & Assocmtes lnc assigned to a new enmy that xxe ha`,e trained ~l he ougmal Lease Agleement (dated 9/23/96) was completelx ~ex ~sed w~th the I nsf Amendment (dated 2/18/97) and subsequently with a Second Amendment (dated 10/5/99) We me tequestmgthat the ughtsand obhgat~ons ofNeh~g & Assocmtes lnc beass~gned Itl lull to NI BI~.IG PIt. OPI Rill $ L P 1904 Sca`,qexx Ds ~ve I Io;,,m Mound lexas 75028 Tile Geneial Pmtne~ m Nebng Propemes L P ~s DRI ~,~.C", IN( 4801 John Cm~ell Road Denton lexas 76207 The Lmmed Pmtne~s m Nebug Propemes L P me Dax ~d Mtchael Nebng Barbara Stac) Nebng 1904 Sea',qex~, Drive Flox~e~ Mound Texas 75028 As a matter of lecmd, Dmwcy, ln¢ ~s owned 100% by Da,,~d IVhchael Nebllg and Bmbara Stacy Nebng The prenuses on the Aupolt ,,',ill continue to be occupied bb Neb~ & Assomates, lnc and dady operations will continue as the3 ha`,e stnce the Lease xxas mmated 6 Malk Nelson Anpmt Manage~ - CITY OI DLN ION August 2 2000 Page 2 Please contact me as soon as possible should )ou need any ,~dd~nonal mlommt~on to eflcct lhe assignment of the l ease M~ke Nebug ~ P~es~denl ~ ~N tm 7 Agenda AGENDA INFORMATION SHEET Date AGENDA DATE: September 5, 2000 DEPARTMENT: Engineering & Transpo. rt~on CM/DCM/ACM: Dave Hill, 349-8314 y ~ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a professional services agreement with Alhance Area Surveying Corporation for land survey services for electric utiht]es, authorizing the expenditure of funds therefore, and provlchng an effective date BACKGROUND The scope of the project consists of acqmsmon of the easements necessary for the construction of elecmc transmission line c~rcmt from the Ponder Electric Substation (F M 2449) to the Hickory Street Elec~c Substation (Bonme Brae & Hickory) Also, an mtermedmte substation site will be acqmred in the Peterbdt/Tetra Pak area Alliance Area Surveying Corporation will conduct an on ground survey and prowde a metes and bounds descriptions and exlublt for each parcel associated with the West Transrmss]on Line And Station ProJect RECOMMENDATION Staff supports approval of the contract PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Utilities Board review on July 17, 2000 FISCAL INFORMATION $39,000 00 Respectfully submitted Prepared by Efig~eermg 8/Transportation Paul Wdlmmson Poght-of-Way Agent ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALLIANCE AREA SURVEYING COKPORATION FOR LAND SURVEY SERVICES FOR ELECTRIC UTILITIES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it tn the public interest to engage Alliance Area Surveying Corporation ("Consultant"), to provide professional land survey services to the City, and WHEREAS, the City staffhas reported to the City Council that there is a substantial need for the above-descnbed professional land surveying services, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional englneenng servmes, as set forth m the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Council approves, and the City Manager ts hereby authonzed to execute a Professional Services Agreement with Consultant for land surveying services in connection with electric utdItles, m substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION2 The award of this Agreement by the City IS on the basis of the demonstrated competence, knowledge, and qualifications of Consultant and the ablhty of Consultant to perform the services needed by the C~ty for a fair and reasonable price SECTION 3 The expenditure of funds as provided tn the attached Professional Services Agreement is hereby authorized SECTION 4 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERB~UTY_~ATTORNEY By S \Our Documen~\Ordmances\00~Alhance Area Surveying Professional doc PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT ~s made and entered into as of the day of , 2000, by and between the City of Denton, Texas, a Texas mumcipal corporation, with its pnnclpal office at 215 East McKlnney Street, Denton, Texas 76201, hereinafter called "OWNER", and Alliance Area Surveying Corporation, with ~ts offices at 102 West Lloyd Street, Krum, Texas 76249, hereinafter called "CONSULTANT", OWNER and CONSULTANT are acting here~n, by and through their duly-authorized officials and representatives WITNESSETH, that ~n consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connectmn w~th the ProJect as stated m the sections to follow, with diligence and in accordance with the highest professional standards customarily obtmned for such services in the State of Texas The professional services set out herein are in connection with the following described project (hereinafter referred to as the "ProJect") Survey comdor for overhead electric transmissmn lines from F M 2449 Ponder Electric Substation site to Hickory Street Electric Substatmn site Survey 5 acre s~te for ~ntermedlate electric power substation The ProJect shall ~nclude, w~thout hm~tatlon A All necessary surveying activities to create right-of-way and parcel descnptxons for the proposed transmission line and substation B All of the surveying activities necessary to prowde field data for design and perm~tting purposes for the proposed transmission line C Permanent monumentatlon along proposed comdor D Flag ROW, stake poles & guys for proposed transmission power hne E Provide a CADD file (compatible w~th AutoCAD) and drawings showing all data collected ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following servmes ~n a professional manner A The CONSULTANT shall perform all those Baste Services as necessary, and as described ~n the CONSULTANT'S July 20, 2000 to the OWNER, whmh ~s attached hereto and mcorporated herewith by reference as Exhibit "A" B If there ~s any conflmt between the terms of th~s Agreement and exhibits attached to this Agreement, the terms and condtt~ons of th~s Agreement wall control over the terms and condtt~ons of the attached exh~btts ADDITIONAL SERVICES Addtt~onal sermces to be performed by the CONSULTANT, ~f authorized by the OWNER, whmh are not mcluded tn the above-described Basra Servmes, are described as follows A Assisting OWNER or contractor tn the defense or prosecutmn of ht~gatlon ~n connection wtth or ~n addition to those services contemplated by th~s Agreement Such services, ~f any, shall be furmshed by CONSULTANT on a fee bas~s negottated by the respective part,es outside of and m addition to thts Agreement B Preparation of easement and/or right-of-way documents C Preparation of platting documents for governmental approvals D Any additional services not ~ncluded ~n Basic Services PERIOD OF SERVICE Th~s Agreement shall become effecttve upon execution of this Agreement by the OWNER and the CONSULTANT and upon the ~ssuance of a notme to proceed by the OWNER, and shall remmn ~n force for the period whmh may reasonably be reqmred for the completmn of the ProJect, ~nclud~ng Additional Servmes, ~f any, and any reqmred extensions approved by the OWNER Th~s Agreement may be sooner terminated m accordance with the prows~ons hereof T~me ~s of the essence tn this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth heretn as expeditiously as possible and to meet the schedule estabhshed by the OWNER, acting through ~ts C~ty Manager or h~s designee Page 2 COMPENSATION A COMPENSATION TERMS "Subcontract Expense" Is defined as expenses incurred by the CONSULTANT m employment of others in outside firms for services ~n the nature of surveying 2 "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detml at the hourly rates shown in Exhibit "B" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct ,non-labor expenses, not to exceed Thirty-Nme Thousand Dollars and No Cents ($39,000 00) Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or h~s designee, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may w~thhold the final five percent (5%) of the contract amount until satisfactory completion of the Project Nothing contmned in this Article shall require the OWNER to pay for any work which ~s unsatisfactory, as reasonably determined by the C~ty Manager or h~s designee, or which is not submitted in comphance with the terms ofth~s Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed m Article III "Addit~onal Services," without obtaining prior written authonzation from the OWNER C ADDITIONAL SERVICES For additional services authonzed in writing by the OWNER in Article III here~nabove, the CONSULTANT shall be paid based on the Schedule of Charges at the hourly rates shown in Exhibit "B" Payments for additional services shall be due and payable upon submission by the CONSULTANT w~th Page63 CONSULTANT's regular monthly statement as provided for here~nabove Statements shall not be submitted more frequently than monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for serwces and expenses w~thtn stxty (60) days aiter receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be ~ncreased by the rate of one percent (1%) per month from the sa~d s~xueth (60th) day, and, m addmon, the CONSULTANT may, aiter g~vmg seven (7) days written not~ce to the OWNER, suspend services under flus Agreement until the CONSULTANT has been pa~d m full all amounts due for servtces, expenses, and charges, prowded, however, nothing hereto shall require the OWNER to pay the late charge of one percent (1%) set forth heretn ff the OWNER reasonably determines that the work ts unsattsfactory, m accordance wtth thts Article V, "Compensatton" OBSERVATION AND REVIEW OF THE WORK The CONSULTANT wall exercise reasonable care and due dfltgence ~n d~scovenng and promptly reporting to the OWNER any defects or deficaenc~es ~n the work of the CONSULTANT or any subcontr?ctors or subconsultants OWNERSHIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to th~s Agreement are instruments of service, and shall become the property of the OWNER upon the tenmnat~on of th~s Agreement The CONSULTANT ~s entitled to retatn cop~es of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be apphcable to th~s Project, and OWNER's use of these documents m other projects shall be at OWNER's sole risk and expense In the event the OWNER. uses any of the reformat:on or materials developed pursuant to th~s Agreemertt m another project or for other purposes than spectfied hereto, CONSULTANT ts released from any and all habfl~ty relating to thetr use m that project INDEPENDENT CONTRACTOR CONSULTANT shall prowde servtces to OWNER as an ~ndependent contractor, not as an employee of the OWNER. CONSULTANT shall not have or clatm any right anstng from employee status Page~ INDEMNITY AGREEMENT The CONSULTANT shall ~ndemmfy and save and hold harmless the OWNER and ~ts officials, officers, agents, and employees from and agmnst any and all habd~ty, clmms, demands, damages, losses, and expenses, ~ncludmg, but not hm~ted to court costs and reasonable attorney's fees ~ncurred by the OWNER, and ~nclud~ng, w~thout hmitatton, damages for bodily and personal injury, death and property damage, resulting from the neghgent acts or omissions of the CONSULTANT or ~ts officers, agents, employees, subcontractors and subconsultants, in the execution, operation, or performance of th~s Agreement Nothtng ~n this Agreement shall be construed to create a habdlty to any person who ~s not a party to th~s Agreement, and nothing here~n shall wmve any of the parties' defenses, both at law or eqmty, to any clmm, cause of action, or lmgatmn filed by anyone not a party to th~s Agreement, including the defense of governmental ~mmumty, whmh defenses are hereby expressly reserved INSURANCE Dtmng the performance ~of the services under th~s Agreement, CONSULTANT shall maintain the following insurance w~th an insurance company hcensed to do bus~ness m the State of Texas by the State Insurance Commission or any successor agency, that has a rating w~th A M Best Rate Carriers of at least an A- or above A Comprehensive General Lmb~hty Insurance wtth bodily ~n. lury hm~ts of not less than $500,000 for each occurrence and not less than $500,000 ~n the aggregate, and w~th property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Lmb~hty Insurance w~th bodily ~njury hmlts of not less than $500,000 for each person and not less than $500,000 for each acctdent, and w~th property damage limits of not less than $100,000 for each accident C Worker's Compensation Insurance ~n accordance w~th statutory reqmrements, and Employers' Lmbd~ty Insurance w~th hm~ts of not less than $100,000 for each accident D The CONSULTANT shall furmsh ~nsurance certificates or tnsurance pohmes at the OWNER's request to ewdence such coverages The ~nsurance pohmes shall name the OWNER as an addlt~onal ~nsured on all such pohmes to the extent possible, and shall contmn a pmvls~on that such ~nsurance shall not be cancelled or modified w~thout thmy (30) days prior written notme to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, deliver to OWNER substitute pohc~es or certificates furnishing the same coverage Page~ ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The partaes may agree to settle any disputes under thas Agreement by submitting the d~spute to arbatrat~on or other means of alternate daspute resolutaon, such as mediation No arbitration or alternate dispute resolutaon arising out of or relating to this Agreement, involving one party's dasagreement, may anclude the other party to the dasagreement without the other's approval TERMINATION OF AGREEMENT A Notwathstanding any other provaslon of this Agreement, either party may tenmnate by giving thirty (30) days' advance written notice to the other party B Thas Agreement may be tenmnated in whole or an part an the event of either party substantmlly faihng to fulfill ats obhgataons under this Agreement No such tenmnatlon will be affected unless the other party as given (1) written notice (dehvered by certified mall, return receipt requested) of antent to terminate and setting forth the reasons spemfymg the non-performance, and not less than thirty (30) calendar days to cure the fmlure, and (2) an oppbrtunlty for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provaded hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER withan thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reambursable expenses to termination incurred prior to the date of termination, in accordance w~th Article V "Compensation" Should the OWNER subsequently contract wath a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate an providing mfonnatmn The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to th~s Agreement to the OWNER on or before the date of termination, but may mmntaln copies of such documents for its own use RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responstblhty and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their work, nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the work prepared by the CONSULTANT, its employees, associates, agents, subcontractors and subconsultants Page~ NOTICES All notices, commumcatlons, and reports reqmred or permitted under th~s Agreement shall be personally dehvered or marled to the respective part, es by depositing same ~n the Umted States marl to the addresses shown below, certified marl, return receipt requested, unless otherwise specified hereto To CONSULTANT To OWNER Kenny Zolhnger Paul Wflhamson Alliance Area Surveying Corporation Right-of-Way Agent 102 West Lloyd Street City of Denton Denton, Texas 76202-0686 221 N Elm Street Denton, Texas 76201 All notaees shall be deemed effective upon receipt by the party to whom such notice is g~ven, or w~thln three (3) days after the date of marling tENTIRE AGREEMENT Th~s Agreement, consisting of ten (10) pages and three (2) exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, commumcat~ons, understandings, and agreements which may have been made m connectton with the subject matter of this Agreement SEVERABILITY If any provision of th~s Agreement ~s found or deemed by a court of competent junsd~ct~0n to be mvahd or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be ~nvahd or unenforceable In such event, the parties shall reform this Agreement to replace such smcken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, and local laws, roles, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended Page 7 /o DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may anse dunng the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any ~nterest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER MODIFICATION No waiver or modification of this Agreement or of any covenant, con&tlon, or hmItation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no exndence of any wmver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed by the parties The parties further agree that the provisions of this Article will not be wmved unless as set forth herein MISCELLANEOUS A The following Exhibits are attached to, incorporated herewith by reference, and made a part of this Agreement Exhibit A Letter fi.om CONSULTANT to OWNER dated July 20, 2000 Page 8 // Exhibit B Estimate of hourly rates B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under th~s Agreement, have access to and the right to examine any d~rectly pertinent books, documents, papers, and records of the CONSULTANT ~nvolwng transactions relating to th~s Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facilities and shall be prowded adequate and appropriate working space in order to conduct audits m comphanee w~th this section OWNER shall give CONSULTANT reasonable advance not,ce of intended audits C Venue of any stat or cause of action under this Agreement shall he exclusively in Denton County, Texas Th~s Agreement shall be governed by and construed in accordance w~th the laws of the State of Texas D For the purpose of th~s Agreement, the key person who will perform most of the work hereunder shall be Kenny Zolhnger However, nothing herein shall hm~t CONSULTANT from using other quahfied and competent members of ~ts firm to perform the serwces required here~n E CONSULTANT shall co~mmence, carry on, and complete any and all projects wxth all appheable d~spatch, xn a sound, economxcal, and efficient manner and ~n accordance wxth the prows~ons hereof In accomphshlng the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work xnvolved xs properly coordinated with related work bexng earned on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's dtsposal all available ~nformatxon pertxnent to the Project, xnclud~ng previous reports, any other data relative to the Project, and arranging for the access thereto, and make all prows~ons for the CONSULTANT to enter ~n or upon pubhc and private property as required for the CONSULTANT to perform services under th~s Agreement G The captions ofth~s Agreement are for ~nformat~onal purposes only, and shall not m any way affect the substantive terms or conditions of th~s Agreement IN WITNESS HEREOF, OWNER and CONSULTANT have hereby executed th~s Agreement m four (4) original counterparts, the OWNER acting by and through ~ts duly- authorized C~ty Manager, and the CONSULTANT acting by and through ~ts duly-authorized, undersigned officer, on thxs the day of ,2000 Pag "OWNER" CITY OF DENTON, TEXAS By MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" ALLIANCE AREA SURVEYING CORPORATION ATTEST By Page 10 /$ N Exhibit "A" To' City of Denton / Engineering and Transportation Roger Wilkinson From. Alliance Area Surveying Corporation Kenny Zollinger Date: 7-20-2000 RE. Proposal of thc West Transmission Line and Station Location' South side of FM 2449 to the C~ty of Denton Substation located at the northwest corner of Bonnie Brae and Hickory Street (1) +/- 15 tracts with Field Notes and Exhibit Drawings $15,000 00 5 acre substation Field ~otes and Exhibit Drawings $ 1,000.00 +/- 10 Permanent MonUments with every angel point One quarter mile between them $ 5,000 00 Topo on Road, H~ghway and Railroad Crossing (5) $ 3,000 00 (2) 5 5 miles +/- of centerline profile every 100 feet +/- Grade breaks $ 5,000 00 (3) Flag right -of-way for clearing, stake poles and guys $10,000.00 Total. $39,000 00 Est:mated Completmn (1) 45 days from start date (2) 14 days from start date (3) 30 days from start date We will need permission and access to get on land Project will be billed monthly for work to date 102 W LLOYD ST PO Box 507 PXONE~ (940) 482-6723 METRO (972) 219-4870 KRUM, TEXAS 76249 FAx ,(940) 482-3680 METRO FAX (@72) 219-4871 ][ANCE AREA CORPORATION Exhibit "B" Service Rates As of July 2000 Survey Technician or Draftsman $85 00 Per Hour Registered Professional Land Surveyor $100.00 Per Hour Two Man Field Crew with EDM $90 00 Per Hour Three Man Field Crew with EDM $110 00 Per Hour Two Man Field Crew with Data Collector $115 00 Per Hour Three Man Field Crew with Data Collector $135.00 Per Hour Two Man Field Crew with GPS $225 00 Per Hour Three Man Field Crew w~th (~S $250 00 Per Hour Office Assistance $50 00 Per Hour 102 W Lmyn ST PO Box 507 PHone (940) 482-6723 M~-mo (972) 219-4870 KRuM, T~xAs176249 F~x (940) 482-3680 M~TRO F~ [972) 219-4871 Aoenda,te~~:~ ~ AGENDA INFORMATION SHEET ~ate~ AGENDA DATE: September 5, 2000 DEPARTMENT: Engineering & Transpo~on CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Consider edopUon of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a professional services agreement w~th John H~rschy & Associates of Dallas to prowde real property apprmsal services for the West Electric Transmission Line and Station Project, authonz~ng the expenditure of funds therefore, and providing an effectave date BACKGROUND Thc scope of the project consists of acqms]t~on of the easements necessary for the construction of electric transrmss~on lme ctrcmt from the Ponder Electric Substauon (F M 2449) to the I-hckory Street Electric Substation (Bonme Brae & Hickory) Also, an mterme&ate substaUon site vail be acqmred m the Peterbilt/Tetra Pak area Mr H~rschy is a Texas State Certified Real Estate Apprmser and is a Member of the Appr0asal Institute (MAI) and Society of Real Estate Apprmsers (SRA) The apprmsals wdl be completed m accordance vath the Umform Standards of Professional Apprmsal Practice (USPAP) and the Standards of Professional Practice and the Code Professional Etlucs of the Apprmsal Institute RECOMMENDATION Staff supports approval of the contract PRIOR ACTION/REVH~W (Counell~ Boards~ Commissions) Public Ut]lines Board review on July 17, 2000 FISCAL INFORMATION $29,000 00 Respectfully submitted  ~rector~ Transportation Prepped by Paul Wdhamson Poght-of-Way Agent ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JOHN O HIRSCHY OF JOHN G HIRSCHY & ASSOCIATES OF DALLAS TO PROVIDE REAL PROPERTY APPRAISAL SERVICES FOR THE WEST ELECTRIC TRANSMISSION LINE AND STATION PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVDING AN EFFECTIVE DATE WHEREAS, the C~ty Council deems ~t ~n the pubhc interest to engage John G H~rsehy & Assocmtes of Dallas ("Consultant"), to prowde real property appraisal services to the City, and WHEREAS, the City staffhas reported to the C~ty Counml that there as a substantial need for the above-described real estate appraisal services, and WHEREAS, Chapter 2254 of the Texas Oovernment Code, known as the "Professional Services Procurement Act", generally prowdes that a C~ty may not select a provader of professional services on the basis of competitive b~ds, but must select the provider on the basra of demonstrated competence, knowledge, and qualifications, and for a fmr and reasonable price, and WHEREAS, the C~ty Council has provided ~n the City Budget for the appropriation of funds to be used for the purchase of the real estate appraisal servmes, as set forth m the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty Courted approves, and the C~ty Manager ~s hereby authorized to execute a Professional Services Agreement w~th Consultant for real property appraisal services m connection w~th the West Electric Transmms~on Line and Statmn Project, m substantially the form of the Professional Servmes Agreement attached hereto and ~neorporated herewith by reference SECTION2 The award of thru Agreement by the City is on the bas~s of the demonstrated competence, knowledge, and quahficat~ons of Consultant and the ability of Consultant to perform the services needed by the City for a fair and reasonable price SECTION 3 The expenditure of funds as prowded in the attached Professional Servmes Agreement ~s hereby authorized SECTION 4 This ordinance shall become effective ~mmed~ately 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 S \Our Documents\Ordmanccs\00\HIRSCHY_ORD1 doc Page 2 ~ PROFESSIONAL SERVICES AGREEMENT FOR APPRAISAL RELATING TO THE WEST TRANSM]SSION LINE & STATION PRO3ECT STATE OF TEXAS § COUNTY OF D]~NTON § ~THIS A~GREEMENT Is madc and entered rote as of thc !~"-' day of ~-~.,?.~' , 2000, by end between the City of Denton, Texa% a Texas mumc~pal corporatlo~'th its principal office at 215 East McKmne~ Street, Denton, Texas 76201_! called "OWNER", and John O H~rschy & Associates, ~nc, w~th Its offices at Coppell, Texas 75019, herelnai~er called "CONSULTANT"; OWNER and CONSULTANT are acting hereto, by and tl~ouBh theu~ duly-authorized offici~Is and representatives WITNESSETH, that m consldarat~on of the covenants and ageements hereto contained, the par~es hereto do mutually AGREE as follows' EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to per~orm the services hereto m connection voth L~e Pro.~act as stated m the sections to follow, with d~hgence end m accordance with the lughest professional standards customarily obtained for such services in the State of Texas The professional serwces set out hereto are m connection with the following dascn'bed proiect (hereinafter referred to as the "Project"), The Project shall include, w~thout limitation' A The pro3ect sba~l include w~thout hmitat~on, all appralsa~ s~wces necessary to assist the cf~y m acAmrmg rig, hi-of-way for the WEST TRANSMISSION LINE & STATION PRO~ECT, w~thin the City of Denton and unincorporated Dentou County, Texas ~Pro~act"). ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the fO110WLUg services m a professional manner A The CONSULT,,oA~ shall ~-form all those Basic Serwees as necessary, and as described m the CONSULTANT S ~-~'~ ~" , 2000 letter to the OWNER, wluch Is attached hereto and mcorporatad herewith b~y~r~erence as Ex/'~ibit "A" B. If there ~s any conflmt between the ie~ms of tins A~reement and exhibits attached to this Agreement, the terras and conditions of this Agreement w~ll control over the t~t.-~s and con&uons of the attached exhibits. ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, ~f authorized by the OWNER, winch are not included in the above-described Basic Services, are described as follows A Assisting OWNER or contractor tn the defense or prosecutton of htigafion m connection with or in addlti0n to those services contemplated by this Agreement Such s6~'vlces, If any, shall be furmshed by CONSULTANT on a fee basis negotiated by the respective parties outside of and tn addition to th/s Agreement B Any additional services not included m Basic Services PERIOD OF SERVICE Tins Agreement shall become effec~ve upon execution of tlus Agreement by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain m force for the penod which may reasonably be reqmred for the completion of the ProJect, including Ad&txonal Services, if any, and any reqmred extensions approved by the OWNER This Agreement may be sooner terminated m accordance w~th the provisions hereof. Time is of the essence in tins Agreement The CONSULTANT shall make all reasonable efforts to complete the ser~ces set forth herein as expeditiously as possible and to meet the schedule estabhshed by the OWNER, acting through its C~ty Manager or his d~si~nee. COMPENSATION A. COMPENSATION TERMS' 1 "Subcontract Expense" is defined s.s expenses mcurrod by the CONSULTANT in employment of others m outside frans for services 2 "Direct Non-Labor Expense" is defined as that expense for any assiipunent incurred by the CONSULTANT for supplies, transportation, travel, commumcatlons, subsistence, and lodgln$ away from home, end similar incidental expenses in connection with that assisnment B BILLING AND PAYMENT. For and in consideratton of uae professional serwces to be performed by the CONSULTANT hereto, the OWNER agrees to pay a tolal fee, including reunbursement for direct non-labor expenses, not to exceed Twenty Thousand Dollars and No Cents ($20,000 00). Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNF_R through its City M_~_~_~$er or Ins designee, however, under no c~rcumstances shall any monthly statement for services exceed the value of the work performed at the tame a statement is rendered The OWNER may vathhold the final five p~rcent (5%) of the contract mount until sa~sfactory compleUon of the Project Pa~e 2 Nothing contamed m this Article shall require the OWNER to pay for any work which unsatisfactory, as reasonably dete, mlned by the C~ty Manager or Ins designee, or which Is not submitted m comphanee with the terms of flus Agreement The OWNER shall not bo reqmred to make any payments to the CONSULTANT when the CONSULTANT ~s m default under Agreement It ~s specifically understood and agreed that the CONSULTANT shall not be anthonzed to undertake any work pursuant to th~s Agreement which would requure additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, w~thout first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the serwces hsted m Arttcle IH "Add~tmnal Serv~ees," without obtamm$ prior written anthonzat~on from the OWNER. C ADDITIONAL SEI~VICES' For ad~htlonal services ant~orlzed tn writing by the OW'N~R. m ArtlclelHherdmabovp, the CONSULTANT//ufll bepmd $~.,.~00 per h. our, as mjpulated m CONSULTAlq~'S ~ 2000 latt~ to ~e OWIqER, which ts attached hereto and incorporated h~r~with b~reference a~ Ex~ubit "A" Payments £ot addmonal serv~e~ shaU be due and ~ay~hte upon sub.salon by the CONSULTA~NT wt~ CO~$ULTA~IT's re~a: statement M provided trot hereinabove. Statements shall not be subrmtted more frequently than monthJy. D PAYIv~NT: I£ the OWNF~R fval$ tO ~ko pa~nents due t/~ CONSULTANT for serv~ea arid exl~nses within stow (60) days after re~eip~ of the COlqSULTAlqT's undisputed s~¢mcnt thereof, the amounts due th~ CONSULTANT w~lt be increased by the rate of one l~x~nt per mouth from the amd sc~tleth (60~) day, an6, m ad&uon, ~he COI~SUL~ANT may, at, er seven 17) days wt~tt~ not~ce to the OWNER, suspend serwc~s under th/s A~ment unt/l the CONSUL~A_N~ has been paid in full ail amo~nt~ due for services, expenses, and ch~ges, prov/ded~ howewr, nothing harem shall require the OWNER to pay the late charge of one percent (1 00%) set forth harem d the OWN-E_v, reasonably det~w, mes tha! 1.he work ~s unsa~straetory, accord/race wrth ~s Art/cle V, 'Y~ompensa~on." ARTICLE VI OBSERVATION AND REVIEW OF ~ WORK The CONSULTANT vall exercise r~asonable care and due &hgence m &scov~ang and promptly reporting to the OWNER any defects or deficiencies m the work of the CONSULTANT or any subcontractors or subconsultants. OWNERSHIP OF DOCUMEN'~ All documenta prepared or furmshed by the CONSULTAlqT (and CONSULTANT's subcontractors or subconsultants) pursuant to tlus Agreeman~ ar~ mslruments of serwce, and shall become the property of the OWNER upon the termlnat~on of tins AgreemenL The CONSULTANT ~s entutled to retain copies of all such documents The documents prepared and furmsbed by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at O~rNER's se[e risk and expend. In tho event the OV~qER uses any of the w. formahon or materials developed pursuant to this A~rasment m another pro2ect or for other purposes than specified hmmn~ CONSULTANT is released from any and all habthty relating to their use m that project. Page 3 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any fight nnsing from employee status INDEMNITY AGREEMENT The CONSULTANT ~hall indemnify and ~ave and hold harmle~ the O~ER and ~ officials, officer~ agents, and employees from and against any and all hab~hty, claims, demanda, d~mages, losses, and expenses, including, but not limited to court costs and reasonable a~tomey'a leas incurred by the OWNEI~ and inclvdlng, withou! hmtta~on, damages for bochly and personal xnjury, death and property damage, resulting fi-ora the nsgligent acts or omissions of the CONSULTANT or ~t$ officers, agents, employees, zubcon~ractors and suhconzukants, m the execution, operatmn, or perfo.~ance of th~s Agreement Nothing m this Agreement shall be construed to create a habthty to any person who ~s not a party to ~tus Agreement, and nothing herein shall waive any of the pames' defenses, both at law or equity, to any claim, cause of action, or htiga~on filed by anyone not a party to thzs Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved INSURANCE Dunng the performance of the servk~es under tt~s Agreement, CONSULTANT shall m~,ntam the following insurance w~th an msuranea company hcensed to do business tn the State of Tex~s by the State Insurance Commtsazon or any successor agency, that has a rating with A M Best Rate Carriers of at least an A- or above. A Comprehensive General Lzablhty Insurance with bochly inJurY lunits of not less than $$00,000 f°r each occurrence and not less than $500,000 in the aggregate, and wzth property _~mage hnuts of not less than $100,000 for each occurrence and not less than $I00,000 tn the aggregate B Automobile Liability Insurance with bodily injury lurers of not less than $500,000 for each person and not less than $500,000 for each accident, and w~th property damage lurers of not less than $100,000 for each accident C Worker's Compensatton Insurance m accordance with statutory requtrements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D The CONSULTANT shall furnish insurance cer~ficates or msorance pohc~es at the OWNER's request to evidence such coverages. The insurance pohcies shall name the OWNER as an additional insured on all such policies to the extent poss~le, and shall contain a prows~on that such insurance shall not be cancelled or modified vathout th,rty (30) days prior written not,ce to OWNER and CONSULTANT. In such event, the CONSULTANT shall, tmor to the effectave Page 4 date of the chanBe or cancellation, dehver to OWNBR substitute pohcies of cerhficates furnishing the same coverage ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to sa~tle any &sputc~ under th~s Agreement by submitting the d~spute ~o arb~'ahan or Other means of alterna*~e d~sgute resolutwn, such a~ mediation No arbitration or alternate d~spute resolution erismg out of or relatin~ to fl~s Agreement, revolving one party's d~agreernen~, may include the other party ~o the disagreement without the other's approval TERMINATION OF AGREEMENT A Not~ithst/mdmg any other Nrovis~on of this Agreement, exther party may terminate by ~pvmg thirty (~0) days' advance written notice to the other pm'y. B Tins Agreement may be m~u~ated m whole or in part in thc event of e~ther pe~y substantially faflmglto/hlfill ~ts obhgat~ons under ~lus Agreement. No such termination will be affected unless the other party is 8~¥en (1) written notice (dehvered by cemfied marl, return receipt requested) of intent to t=ta~-~ate and settillg forth ~he reasons specifying the non-perfo,-~,ance, and not less than th/try (30) calendar days to cure the failure; and (2) an oppon'umty for consultation with the terminating om't~ prior to terminal/on. C. If the [Agreement is m'mmated prior to completwn of the services to be provided hereunder, CONSIJI.TA.NT shall immed/ately cease all services and shall render n final bill for sexwices to the OWN1/R w~thin thrty (30) days offer the date of terminauen Thc OWl~BR shall pay CONSULTAlqT for all services properly rendered and sa~sfactenl¥ performed and for reimbursable expenses to terw;,~,,tion incurred Jmor to the date of termination, in accordance vnth Axtlcle V "Coml~nsatmn." Should the OWN'~R subsequently contract vflth a new consultant for the con?nuatlon of services on the Project, CONSULTAIqT shall cooperate m providing information The CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT purer to ~s Agreement to ~e OWNER on or before the da~e of terminaUon, bu~ may maintain col~as of sucl~ documents fo~ tls own use RESPONSIBILI'FY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not cons~tute, nor be deemed a release of the reeponsibflity and habfllty of the CONSU~.TA]qT, its employees, associates, a~ents, subcontractors, end subconsul~mts for the accuracy iand competency of their work, nor shall such approval be deemed to be an assumptwn of such £esponsibflity by the OWNER for any defect in the work prepared by the CONSULTANT, employees, associates, agents, subcontractors and subconsulUmts. Page ARTICLE XIV NO[ICES All notices, communications, and reports reqmrexl or pa'imtted under this Agreement shall be personally delivered or mailed to the respective parties by depesltmg same in the United States mini to the addresses shown below, certified mail, return rece~p! requested, unless otherwise specified herein. To CONSULTANT. To OWNER ~ohn O Htrschy Paul Wflliamson John O Hlrschy & Associates Right-of-Way Agent P O Box 2009 City of Denton Coppell, Texas 75019 221 lq. Elm S~'eet Denton, Texas 76201 Ail notices shall be decme, d effect/ye upon receipt by the party to whom such nohce Is given, or w~thm three (3) days after/he date of reading. ARTICLE XV EN'I'IRE ,~,GREEMENT Th~s A. gre~nent, ~ml/stlnl~ of nln~ (9) pages ~n~l ~s! express/on ofthz agr~m~nt or' tbe payee, and is intended as a complet~ and exclusiw statement ot~ thc lerm~ of the~ a~r~ta, and ~pers~l~ all prier ~ontempmaneo~s otf~-n, pror~ees, ~eprea~'raation~, ne~otiations~ drscuss~ous, coi~un/~at~ii, und~iandrngs, and agr~.waents wlu~-'h may have been mad~ m connection with th~ subje~ maxtor of thh SEVEHABILITY If any provision of th~s Agreement is found or deemed by a cou~'t of competent jurts&ction to be mvahd or ~e~fl'orceahle, ~t shall be considered severable from the remainder of tbs Agreement and shall not cause the remainder to be invalid or unenforceable. In tach event, the part,es shall r~form this Agreement to replace such stncken provision w~th a valid and enforceable provision which cornea as close as possible to expressing the retention of the stricken prowswn. COMPLIANCE WITIt LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to th~ work covered hereunder as they may now read or heremai~er be amended P~ 6 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, rehg~on, sex, national ong~n or ancestry, age, or physical handicap PERSONNEL A The CONSULTANT represents that it has or vall secure, at its own expense, all personnel required to perform all the ~ervlces required under flus Agreement Such personnel shall not be employees or officers of, nor have any contractual relations vath the OWNER CONSULTANT shall reform the OWNER of any conflwt of interest or potentaal conflict of mterest that may arise during the term of thi$ Agreement B. All services r~quired hercamd~r will b~ perfo,:aed by thc CONSULTANT or under its ~uper~slon All persoun¢l angaged m work shall be qualified, and shall be anthonzed and pr~m~tted under state and local laws to perform such smvlces ASSIGNABILITY The CONSULTANT shall not assign any interest m flus Agreement, and shall not transfer any interest in this Agreement (whether by ~$1gnment, novation, or othervtlse) without the prior wrttten cement of the OWh'ER. MODIFICATION No wmver or moihfication of tbs Agreement or of any covenant, condition, or lxrmtataon hereto contained shall be valid unless m writing and duly executed by the party to lac charged therewith, and no ewdence of any waaver or mo~hflcat~on sh~ll be offered or received m evidence m any proceeding arising between the part~es hereto out of or affecting th~$ Agreement, or the rights or obligations of the part~¢s hereunder, and unless such waiver or modfl~calaon is m writing and duly executed by the parties The part~es further agree that the lvrovisions of th/$ Art~cl¢ will not be waaved unless as set forth hereto FRON JOHN MISCELLANEOUS A The following Exhibit is attached to, incorporated herevoth by reference, and made a part of this Agreement- Exlubit ^. Letter f~om CONSULTANT to OWNER dated /~-.3~/~, 2000 B. CONSULTANT agree8 that OWI~ER shall, until the exp~ratlon of three (3) years after the fmal payment under this Agreement, have access to and the right to exanune any directly pc~mcnt books,, documents, papers, and records of the CONSULTANT revolving Iransact~ons relating to tlus Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT faclhtles and shall be provided adequate and appropnate working space in order to conduct audits m compliance with this section OWNER shall give CONSULTANT reasonable advance not~ce of intended audits. C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key person who wlU perform most of the work hereunder shall be lohn O. Hirschy However, nothing hereto shall lumt CONSULTANT from using other qualified and competent members of ~ts firm to perform the services reqmred hereto E CONSULTANT shall commence, carry on, and complete any and all projects with ali applicable dispatch, m a sound, economical, and efficient manner and m accordance with the prov~sions hereof In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure~that the work involved is properly coordinated with related work being earned on by the OWNER F The OWNER. shall assist the COI~ISUL'fAN'~ 'vy placing at the CONSULTAI, tT's dasposal all available mformat~on pertinent to the Project, includm$ previous reports, any other data relative to the Project, and arran~in8 for the access thereto, and make all provisions for &e CONSULTANT to enter m or upon public and pnvate propen'y as requtred for the CONSUL~A.N"Y to pedorm serwces under th/s Agreement The captions of this Agreement are for mfonnat~onal purposes only, and shall not m any way affect the substantive terms or conditions oftlus Agreement. Pag~ 8 FROM 20HH 6 HXRSCH¥&nSSOCXRTES IN wrirNE$S HEREOF, OWNER and CONSULTANT have hereby executed this Agreement m four (4) onglnal counterparts, the OWNER actm$ by and through ~ts duly. authorized C~ty Manager_; .a]~d the CONS~LTANT/acting by and through its duly-authorized, undersigned officer, on this the ,, day of /4~_,~x~,-~' ,2000 "OWNER" CITY OF DENTON, TEXAS By:. MICHAEL W JEZ, CITY MANAGER ATTEST ~ENlqlFEK WALTERS, CITY SECRET AKY Blt: APPROVED AS TO LEGAL FORM' HERBERT L. PROIYrY', CITY ATI'ORNEY By "CONSULTANT" JOl-l~ O. HIRSCHY & ASSOCIATES, INC. 08/~I/00 I§:01 FAI 9403498376 /2 DENTON-ENG-D~.PT- P01 EXHIBIT 'A' page 1 of 3 j, ..... oc ates et Dallas 446 Wea! ~1 ~ad John O H~, ~1, 8~ ~ (gT~ ~ ~st 1~, 2000 PaulH ~rdliamson Right-of-Way Agent City of Denton Engineering Department 221 North Elm Street Denton, Texas 762O1 Re: W~st Transmission Line & Station Project Dear Mr Wilhamson Thank you for allowing me to submit this proposal for the real estate apprmsal of approximately twelve parcels In the above referenced project The purpose of the appraisal is to estimate the market value of the fee simple interest of each parcel as it contnbutea to the value of itu whole property The appraisals vnll be completed m accordance with the Umform Standards of Professional Appraisal Prz. chce (USPAP), and the Standards of Professional Praciice and the Code of Professional Ethics of the Appraisal Institute A narrative Self-Contmned ApprMsal Report, as defined by USPAP, will be completed for each parcel Three copies of each report w~ll be provided The intended use of the appraisals and appraisal reports is to assist the City of Denton m tho acq.ulsmon of the parcels for the above referenced project Five value estimates vail be provided in each appraisal report the value of the whole property, the value ofthe parcel to be acquired, the value of the remainder before the acquls~tlon, the value of the remainder after the acqu|s|tion, and total compensation The threa Irad~tlonal approaches to value - the sales comparison approach, the cost approach, and the raceme approach - will be used to estimate the value oftha subject properties, as far as they are applicable Ifa property is improved, but it is apparent that the remainder after the acquisition will not be damaged due to the acquisition, only a general estimate of the value of the improvements will be provided Re~J Est..re Appalled and Cour~e~nfl ~rvloeg FRON JOHN g HI~$CHV~AS$OC[~TES EXHIBIT "A" page 2 of 3 Paul H Willlamson Rasht-of-Way Agent City of Denton August lf~ 2000 Page 2 The exact location and number of parcels to he acquired has not yet been finalized by the City of Denton Due to this limitation, exa~ f~es for the appraisals cannot be 81yen for all of the parcels You, Ro$0r Wgkmson, and I respected the general routing of the proposed transmission line today Based on this inspection, my fee for the apprmsal of the parcels along FM-2449 and Underwood Road is $2,000 per parcel This fee presumes that there are no damages to the remainders niter the acquisitions Should there prove to bo damages to the remainder at, er the acquisition, which is not anticipated for these parcels, the fee per parcel would need to be adjusted UP, voth the amount of the adjustment dependant upon the work required to estimate the damages to the remainder atter the acquisition The appraisal fee per parcel for the balance of the parcels cannot be deternnned, due to the routlnB not yet being flnsh:~ed, but It is not anlicipated that any fee per parcel will exceed $6,$00 Examples of possible appraisal fees per parcel would be $4,500 for the appraisal of the apartments on Oak Street, $$,000 for the apprmsal 0fthe apartments on IH-35, $3,500 for the appraisal of the tangle tenant mdustnal building used by Edsco Fasteners on 1I-I-35, and $6,$00 for the appraisal of P~terbllt plant, mi'it was apparent that the remainder alter the acquisition would be damaged due to the acqmmtion These fees per parcel wmll need to be finalized aider it is determined where the parcels v~ll be [ocated for the proposed transrmssion line Due to the exa~t location and number of parcels to be acquired not bem~ finalized, it is not posmble to give exactlns dehvery dates for the appraisals It is anticipated that between $8,000 and $10,000 of appraisal work being completed per month, be~nnmg with the month of September, ifI am authenzed to ~ the work m the unmedlate future My fee per hour for court room testimony and for t~me prepann~ for court room testimony as an expert w~tness is $125 per hour, with time commencing when I leave my office for such testamony and ending at the end of the court room appearance It is understood tha~ tins agre~nent will be Exhibit A m the Professional Services Agreement for Appraisal Relating to the West Transmission Line & Station Project fi'the assignment is awarded to me Thank you again for allowing me to submit this proposal If you have questions, or rfI can be of further service, pleeae call Respectfully, John G. Htrschy & Associates of Dallas EXItIBIT A Page 3 of 3 Following ~s a table of possible apprmsal fees for various products Potentml Damages Apprmsal Product to the Remainder Parcels Fee Subtotal Acreage Land No 3 $2,000 $6,000 Acreage Land Yes 1 Up to $3,000 $3,000 Urban Land No 1 $2,000 $2,000 Urban Land Yes 1 Up to $3,000 $3,000 Apa~haaents No 1 $2,000 $2,000 Apartments Yes 1 Up to $4,500 $4,500 Industrial - Non-Complex No 1 $2,000 $2,000 Industrial -Non-Complex Yes 1 $3,500 to $4,500 $4,500 Industrial - Complex No 1 $2,000 $2,000 Total 11 $29,000 Agenda rdo ~_f~_~ Agenda Item.___.~ AGENDA INFORMATION SHEET Date ~/ff-//?/-ff AGENDA DATE: September 5, :2000 DEPARTMENT: Engineering & Transpo~on CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Consider adopt]on of an ordinance of the City of Denton, Texas approvmg and authorizing the City Manager to execute a profass~onal services agreement with Surveyors and Engineers of North Texas, Inc, DBA SENTCORP for land survey services for Ray Roberts Water Line Project, authorizing the expenditure of funds therefore, and providing an effective date BACKGROUND The scope of the project consists of desigmng the water line, acqmsmon of the easements and construction of the water line from an on the ground survey An on the ground survey is necessary to design the waterline and prepare the metes and bounds descnpt~on for the easements The surveyor will provide a topograpluc survey of the land features, property line information and nnprovements (l e drives, fences, landscaping, etc ) RECOMMENDATION Staff supports approval of the contract PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Utlht~es Board review on July 17, 2000 FISCAL INFORMATION $24,875 00 Respectfully submitted Prepared by Paul Wflhamson Poght-of-Way Agent ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SURVEYORS & ENGINEERS OF NORTH TEXAS, INC, DBA SENTCORP FOR LAND SURVEY SERVICES RELATING TO RAY ROBERTS WATER LiNE PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WI-IEREAS, the City Council deems it in the public interest to engage Surveyors & Engineers of North Texas, Inc, DBA SENTCORP ("Consultant"), to provade professional land survey services to the City, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described professional land surveying services, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualificatxons, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional engineenng services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Courted approves, and the City Manager is hereby authorized to execute a Professional Services Agreement with Consultant for land surveying services in connection with the Ray Roberts Water Line Project, In substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Consultant and the ability of Consultant to perform the services needed by the C,ty for a fmr and reasonable price SECTION 3 The expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION 4 This ordinance shall become effective immediately upon ItS passage and approval PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO L~F.~AL FORM~ HERBERT L~CIT~/Y~.~z'ORNEY S \Our Docurr~nts\Ordmances\00\Sent¢orp Surveying Professional doc Page~2 PROFESSIONAL SERVICES AGREEMENT FOR SURVEYING RELATING TO RAY ROBERTS WATER LINE PROJECT (F.M. 4:18 - SHERMAN DRIVE) STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT ~s made and entered into as of the day of , 2000, by and between the C~ty of Denton, Texas, a Texas mumcipal corporation, with its pnnclpal office at 215 East McKmney Street, Denton, Texas 76201, hereinafter called "OWNER"; and Surveyors & Engineers of North Texas, Inc, DBA SENTCORP, with Its offices at 1621 Amanda Court, Ponder, Texas 76259, hereinafter called "CONSULTANT", OWNER and CONSULTANT are acting hereto, by and through their duly- authorized officials and representatives WITNESSETH, that m consideration of the covenants and agreements hereto contained, the pames hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services hereto m connection with the Project as stated m the sections to follow, with dthgence and m accordance with the lughest professional standards customarily obtained for such services in the State of Texas The professional serwces set out hereto are m connection with the following described project (hereinafter referred to as the "Project"). Surveying services along an approxunate 11,000' traverse located m the in the V Gmlor Survey, Abstract Number 452, and the S McCracken Survey, Abstract N,,mber 817, and the H Williams Survey, Abstract Number 1417, and the J Cheek Survey, Abstract Number 227 as llluslrated m "EXHIBIT A" and attached herewith The Project shall include, without l!m~tation A Topograptuc surveying of land features to facilitate proposed water line design and construction B Prowde a field note data, CADD file (compatible with AutoCAD) and drawings showing all data collected. C Preparation of metes and bounds field note dascnptions for both the permanent public utility easement and temporary construction easement tracts and their accompanying plat dluslrations ARTICLE H SCOPE OF SERVICES The CONSULTANT shall perform the following services ~n a professional manner A The CONSULTANT shall perform all those Basic Services as necessary, and as described m the CONSULTANT'S August 4, 2000 to the OWNER, winch is attached hereto and incorporated herewith by reference as Exlub~t "B" and further defined m Exlublt "C", attached herewith B If there is any conflict between the terms of flus Agreement and exhth~ts attached to tlus Agreement, the terms and conthtions of th~s Agreement w~ll control over the terms and con/htions of the attached exlublts ARTICLE HI ADDITIONAL SERVICES Adcht~onal serv~ees to be performed by the CONSULTANT, ~f authorized by the OWNER, wluch are not included m the above-described Basic Services, are described as follows A Ass~stm§ OWNER or contractor m the defense or prosecution of lmgat~on m connection voth or m ad&uon to those serwees contemplated by flus Agreement Such services, ~f any, shall be furmshed by CONSULTANT on a fee bas~s negotiated by the respective part~es outside of and m adcht~on to flus Agreement B Any ad/ht~onal services not included m Basic Serwces ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of flus Agreement by the OWNER and the CONSULTANT and upon the ~ssuance of a noUce to proceed by the OWNER, and shall remain m force for the period which may reasonably be reqmred for the completion of the Project, inchidmg Addmonal Services, ~f any, and any reqmred extensions approved by the OWNER Tlus Agreement may be sooner t~mmated m accordance voth the prows~ons hereof Tune is of the essence m flus Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth hereto as expecht~onsly as possible and to meet the schedule estabhshed by the OWNER, acting throu~h ~ts C~ty Manager or lus designee Page~ ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" ~s del'reed as expenses recurred by the CONSULTANT m employment of others m outside firms for serwces m the nature of surveying 2 "D~rect Non-Labor Expense" ~s defined as that expense for any ass~granent recurred by the CONSULTANT for supphes, transportation, travel, commumcat~ons, subsistence, and lodging away from home, and similar incidental expenses m connection w~th that assignment B BILLING AND PAYMENT For and m cons~deration of the professional serwces to be performed by the CONSULTANT hereto, the OWNER agrees to pay, based on the cost estnnate detml at the hourly rates shown m Exinint "C" winch is attached hereto and made a part of tins Agreement as if written word for word hereto, a total fee, including reunbursement for d~rect non-labor expenses, not to exceed Twenty-Four Thousand Eight Hundred and Seventy-Five Dollars and No Cents ($24,875 0o) Pamal payments to the CONSULTANT veil be made on the basis of detaded monthly statements rendered to and approved by the OWNER through its City Manager or Ins desll!nee, however, under no c~rcumstsnces shall any monthly statement for services exceed the value of the work performed at the tune a statement ~s rendered The OWNER may w~thhold the final five percent (5%) of the contract amount untd satisfactory completion of the Project Nothing contained m tins Article shall reqmre the OWNER to pay for any work winch is nn~.~t~sfactory, as reasonably det~med by the C~ty Manager or ins designee, or winch is not subrmtted m comphance w~th the terms of tins Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT when the CONSULTANT is m default under flus Agreement It ,is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to flus Agreement winch would reqmre add~Uonal payments by the OWNER for any charge, expense, or rennbursement above the m~o~m_um not to exceed fee as stated, vothout first having obtained written authorization fi~om the OWNER. The CONSULTANT shall not proceed to perform the serwces hsted m Article HI "Addit~onal Services," vothout obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES. For ad&t~onal serwces authorized m wntmg by the OWNER m Amcle III heremabove, the CONSULTANT shall be prod based on the Schedule of Charges at the hourly rates shown m Exinb~t "C" Payments for addmonal serwces shall be due and payable upon submission by the CONSULTANT w~th Page CONSULTANT's regular monthly statement as provided for hereinabove Statements shall not be subrmtted more frequently than monthly D PAYMENT If the OWNER fmls to make payments due the CONSULTANT for sermces and expenses w~tlun sixty (60) days after receipt of the CONSULTANT's unlhsputed statement thereof, the amounts due the CONSULTANT wdl be increased by the rate of one percent (1%) per month from the said sixtieth (60th) day, and, m addltion, the CONSULTANT may, after g~vmg seven (7) days written notice to the OWNER, suspend services under tlus Agreement until the CONSULTANT has been paid m full all amounts due for services, expenses, and charges, provided, however, nothing hereto shall reqmre the OWNER to pay the late charge of one percent (1%) set forth hereto if the OWNER reasonably determmas that the work is unsatisfactory, m accordance w~th flus Article V, "Compensation" ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due chhgence m discovering and promptly reporting to the OWNER any defects or deficiencies m the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE VH OWNERSmP OF DOCUMENTS Al1 documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subeonsultants) pursuant to ths Agreement are instruments of sennee, and shall become the property of the OWNER upon the termination of ttus Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be applicable to tlus ProJect, and OWNER's use of these documents m other projects shall be at OWNER's sole risk end expense In the event the OWNER uses any of the mformat~on or materials developed pursuant to tlus Agreement m another project or for other purposes than specified hereto, CONSULTANT is released i~om any and all liability relating to their use m that project ARTICLE VHI INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status Page~4 ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall mdemmf~ and save and hold harmless the OWNER and ItS officials, officers, agents, and employees from and agmnst any and all liability, claims, demands, damages, losses, and expenses, including, but not Inmted to court costs and reasonable attorney's fees recurred by the OWNER, and including, without limitation, damages for bo&ly and personal inJury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, agents, employees, subcontractors and subconsultants, m the execution, operation, or performance of flus Agreement Noflung m flus Agreement shall be construed to create a liability to any person who is not a party to ,tins Agreement, and noflung hereto shall wave any of the parties' defenses, both at law or eqmty, to any clam, cause of action, or lmgatlon filed by anyone not a party to flus Agreement, including the defense of governmental lmmumty, winch defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the services under flus Agreement, CONSULTANT shall maintain the following msuranee with an insurance company licensed to do busmass m the State of Texas by the State Insurance Comrmssion or any successor agency, that has a rating with A M BeSt Rate Careers of at least an A- or above A Comprehensive General Llabd~ty Insurance with bochly m. lury hmlts of not less than $$00,000 for each occurrence and not less than $500,000 m the aggregate, and with property damage lunits of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Llainhty Insurance with bothly injury lmuts of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage lnmta of not less than $I00,000 for each accident C Worker's Compensation Insurance m accordance with statutory reqmrements, and Employers' Llabd~ty Insurance with lmuts of not less than $100,000 for each accident D Professional Liability Insurance with lmuts of not less than $1,000,000 annual aggregate E The CONSULTANT shall furmsh insurance cemficates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an adchtional insured on all such policies to the extent possible, and shall contain a provision that such msuranee shall not be cancelled or mothfied without tinrty (30) days liner written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or caneellat~on, deliver to OWNER subst~tuta pohcies or certificates furmshmg the same coverage Page~ ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any &sputes under flus Agreement by submitting the d~spute to arbitration or other means of alternate d~spute resolution, such as meahatlon No arbitration or alternate d~spute resoluUon arising out of or relating to flus Agreement, ~nvolwng one party's d~sagreement, may include the other party to the disagreement w~thout the other's approval ARTICLE XH TERMINATION OF AGREEMENT A Notvothstandmg any other prows~on of tlus Agreement, either party may termmate by bnvmg thirty (30) days' advance written notice to the other party B This Agreement may be terminated m whole or m part m the event of e~ther party substantially fmlmg to fulfill ~ts obhgations under flus Agreement No such termination voll be affected unless the other party ~s g~ven (1) written notice (dehvered by cerUfied mad, return receipt requested) of intent to terminate and setting forth the reasons spoc~fymg the non-performance, and not less than flurry (30) calendar days to cure the fadure, and (2) an opportumty for consultation with the terminating party prior to t~g~mnation C If the Agreement ~s ternunated prior to completion of the serwces to be prowded hereunder, CONSULTANT shall ~mme&ately cease all services and shall render a final b~ll for serwees to the OWNER vothm thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reunbursable expenses to termination recurred prior to the date of ter~mnat~on, m accordance w~th Amele V "Compensation" Should the OWNER subsequently contract voth a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate m prowdmg reformation The CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT pursuant to flus Agreement to the OWNER on or before the date of termination, but may maintain cop~es of such documents for ~ts own use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and habd~ty of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of thetr work, nor shall such approval be deemed to be an assumption of such respons~bd~ty by the OWNER for any defect m the work prepared by the CONSULTANT, ~ts employees, associates, agents, subcon~r~tors and subconsultants Page 96 ARTICLE XIV NOTICES All notices, commumcatlons, end reports reqmred or penmtted under this Agreement shall be personally delivered or marled to the respective parties by depositing same in the Umted States mail to the addresses shown below, certified mml. return receipt requested, unless othervase specified hereto To CONSULTANT To OWNER William M Colemen, CEO Paul Wflhamson SENTCORP Pdght-of-Way Agent P O 686 City of Denton Denton, Texas 76202-0686 221 N Elm Street Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such noUce ~s g~ven, or vnthm three (3) days after the date of mmlmg ARTICLE XV ENTIRR AGREEMENT This Agreement, consisting of ten (10) pages and three (3) exhibits, constitutes the complete and final expression of the agreement of the partaes, end is intended as a complete and exclusive statement of the terms of their agreements, end supersedes all prior contemporaneous offers, pronuses, representattons, negotaataons, &scuss~ous. commumcattons, understandings. end agreements which may have been made m connectaon wath the subject matter of this Agreement ARTICLE XVI SEVERABILITY If eny prowslon of this Agreement ~s found or deemed by a court of competent junschctlOn to be mvalld or unenforceable, it shall be considered severable f~om the remainder of this Agreement end shall not cause the remainder to be mvahd or unenforceable In such event. the part~es shall reform this Agreement to replace such smcken provision wath a valid end enforceable provision which comes as close as possible to expressing the mtenlaon of the stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply vath all federal, state, end local laws. rules. regulations, end ordmences applicable to the work covered hereunder as they may now read or hereinafter be amended PageTo ARTICLE XVIH DISCRIMINATION PROHIBITED In performing the serwces reqtured hereunder, the CONSULTANT shall not &scnm~nate against any person on the basis of race, color, rehgmn, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall reform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement B All sennces reqvared hereunder vail be performed by the CONSULTANT or under its supervision All personnel engaged tn work shall be quahfied, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest m th~s Agreement, and shall not transfer any interest in tins Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER ARTICLE XXI MODIFICATION No wmver or modification of tins Agreement or of any covenant, condltwn, or lumts~on hereto contained shall be valid unless m writing and duly executed by the party to be charged therevath; and no evidence of any wmver or medaficatlon shall be offered or received m ewdance tn any proceeding arising between the part~es hereto out of or affecting this Agreement, or the rights or obhgations of the pames hereunder, and unless such waiver or mo&ficat~on is m writing and duly executed by the parties The parties further agree that the provisions of tins Amcle will not be wsived unless as set forth hereto Page/8/ ARTICLE XXII MISCELLANEOUS Tho following Exhibits are attached to, incorporated herewth by reference, and made a part of this Agreement Exlublt A Map dlustratmg surveying limits along F M 428 -Shennan Drive Extublt B Letter fi.om CONSULTANT to OWNER dated August 4, 2000 ExlUbit C Fee estimate of hourly rates and project scope CONSULTANT agrees that OWNER shall, untd the expiration of three (3) years after the final payment under tlus Agreement, have access to and the r~ght to examine any directly pertinent books, documents, papers, and records of the CONSULTANT revolving transactions relating to flus Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facdmes and shall be prowded adequate and appropriate working space m order to conduct au&ts m compliance w~th flus section OWNER shall g~ve CONSULTANT reasonable advance not, ce of intended audits Venue of any stat or cause of action under flus Agreement shall lie exclusively m Denton County, Texas This Agreement shall be governed by and construed m accordance vnth the laws of the State of Texas For the purpose of flus Agreement, the key person who veil perform most of the work hereunder shall be Wdham M Coleman, R P L S. However, nothing hereto shall 1rout CONSULTANT from using other qualified and competent members of its firm to perform the services reqmred hereto CONSULTANT shall commence, carry on, and complete any and all projects w~th all applicable dispatch, m a sound, econormcal, and efficient manner and m accordance voth the prowslons hereof. In accomphshmg the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work revolved is properly coordinated voth related work being carried on by the OWNER The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available mformat~on pertinent to the ProJect, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter m or upon public and private property as reqmred for the CONSULTANT to perform services under flus Agreement The captions of flus Agreement are for mforma~onal purposes only, and shall not m any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, OWNER and CONSULTANT have hereby executed th~s Agreement m four (4) ongrnal counterparts, the OWNER acting by and through ~ts duly- authorized C~ty Manager, and the CONSULTANT acting by and through ~ts duly-authorized, undersigned officer, on th~s the day of ,2000 "OWNER" CITY OF DENTON, TEXAS By MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" SURVEYORS & ENGINEERS OF NORTH TEXAS, INC (DBA SENTCORP) By WILLIAM M COLEMAN CHIEF EXECUTIVE OFFICER ATTEST By Page/lff EXHIBIT A J & CHEEKSURVEY ~ ABSTRACT Nb 227 N JEFFREY W NOEel DONN. D J ~etux PROPOSED ALIGNMENT JUUE V,N~I DA KUI'It. KEN EXHIBIT B Surveyors & Engineers of North Texas GREG EDWARDS P E WILLIAM COLEMAN R P L S 1621 Amanda Court Ponder Texas 76259 Ph (940) 4822906 FAX (940) 4822911 Toll free (877) 481 SENT WWW sentcorp corn August4,2000 Paul Wllhamson C~ty of Denton, Right-of-Way Dept City Hall West 221 N Elm St Denton, Tx 76201 Dear Mr W~lhamson We are very ~nterested ~n prowd~ng the necessary Surveying services to assist the c~ty w~th their water hne project Our services w~ll be prowded on an hourly and reimbursable basis for time and materials expended on your project From our expenence on s~m~lar projects in the area and a bnef s~te vis,t, we have developed anticipated costs Th~s work will be tied ~nto other surveying we have done ~n the area We already have control in place which was estabhshed when we d~d the original survey on the other s~de of the highway As mdtcated ~n the letter dated July 11,2000 requesbng a proposal we propose to provide topographic ~nformabon for demgn of the water I~ne along with descnpt~ons and exhibits for both the 30 foot permanent easement and the 50 foot temporary construcbon easement It ~s understood that others will prowde t~tle work and access to the property The esbmated t~me to complete the first phase of the survey, the topographic base map, ~s 45 days from not,ce to proceed The easement documents will be completed after a final ahgnment ~s determined Changes In alignment or scope could result ~n increased cost and bme Attached is the Fee Estimate for prowdmg the services outlined above Our ~nvolces will not exceed the Fee Estimate unless we receive addibonal authorizations from you Please call if you have any questions or wish to d~scuss any of the ~tems Thank you, //~ EXHIBIT C Ray Roberts Water L~ne FEE ESTIMATE ITOPOGRAPHIC SURVEY PROFESSIONAL 15 HRS / 100 S/HR I $1,500 IFIELD CREW 96 HRS I 115 S/HR I $11,040 tTECHNICIAN 60 HRS 60 S/HR $3,600 SUBTOTAL $16,140 ITECHNtCIAN 48 HRS 75 ~/HR *3,600 ~CLERICAL 5 HRS 30 ~/HR ~150 ~TECHNICIAN 8 HRS 60 */HR *480 iCLERiCAL 2 HRS 30 ~/HR $60 SUBTOTAL ~940 SUBTOTAL CONTINGENCY TOTAL ESTIMATED FEE APPROXIMATELY Page 1 Agenda No ~ Agenda Item_ AGENDA INFORMATION SHEET AGENDA DATE September 5, 2000 DEPARTMENT Water Department ACM Howard Martin, 349-8232 ~ SUBJECT AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED 1N ORDINANCE NO 99-295 FOR WATER SERVICE AND WATER RATES RELATED TO WATER CONSERVATION AND DROUGHT CONTINGENCY PLANNING CONTAINED 1N ORDINANCE NO 2000-006, AMENDING THE WHOLESALE RAW WATER SERVICE TO THE UPPER TRINITY REGIONAL WATER DISTRICT RATE (WRW), AMENDING THE WHOLESALE TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT RATE (WW2), DELETING THE INTRAGOVERNMENTAL SALES OF FINISHED WATER RATE (WG), AND ADDING THOSE CUSTOMERS TO THE COMMERCIAL / INDUSTRIAL WATER SERVICE RATE (WC), DELETING THE LOCAL GOVERNMENT SPRINKLER IRRIGATION RATE (WGI), AND ADDING THOSE CUSTOMERS TO THE COMMERCIAL / INDUSTRIAL WATER SERVICE RATE (WC), ADDING WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN RATES TO RESIDENTIAL WATER SERVICE RATE (WP,) AND TO COMMERCIAL / INDUSTRIAL WATER SERVICE RATE (WC), ADDING MISCELLANEOUS FEES, PROVIDING FOR A REPEALER,PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND' The fiscal year 2001 water rate recommendations are briefly discussed below · Wholesale Raw Water Rate (WRW) - Upper Trinity Regional Water District (UTRWD) The fiscal year 2001 Dallas wholesale untreated water rate ~s $0 4166 / 1,000gallons, up 1 2% from the existing rate of $0 4118 / 1,000 gallons Denton's raw water wholesale rate to UTRWD, which is set at 85% of Dallas's wholesale untreated water rate, wall correspondingly increase from the existing price orS 3500 / 1,000 gallons to $ 3541 / 1,000 gallons, a 1 2% increase for fiscal year 2001 This rate is determined by the terms of the raw water contract between Denton and UTRWD Increases in the rate are related to O & M costs and the embedded interest rate · FY 2001 Wholesale Treated Water Rate (WW2) The 2001 UTRWD wholesale treated water cost of service and rate design (for service to Sanger) was completed xn-house and forwarded to UTRWD in June 2000 UTRWD questions to date have been answered by staff, but an additional meeting has been proposed for further discussion The recommended fiscal year 2001 wholesale water rate is as follows, which equates to an effective rate of $2 18 / 1,000 gallons, an Increase of 9 3% FY 2001 Wholesale Water Rate Facility charge (30 days) $ 176 00 Volume charge (1,000 gallons) $ 0 25 Demand charge (MGD) $348,900 00 The Increase in the demand charge is generally related to two ~tems, an increase ~n the embedded interest rate from 6 84% to 6 99%, an increase of 0 15%, and an ~ncrease in the water capital rate base of $8 2 million Wholesale water revenues are projected at approximately $200,000, based on UTRWD's peak demand requirement of 5 MGD · Water Retail Rate Class Consolidation Reed-Stowe & Company, Incorporated completed the retail Water and Wastewater Cost of Service and Rate Design Study ~n June 1999 Retail rate consolidation was one of Reed-Stowe's strong rate recommendations The following governmental rates, WG, WGN, and WGI, are recommended for consolidation ~nto the commercml water rate class, WC The consultant recommends these changes due to no slgmficant differences between these customers and other commercial customers water consumption or peaking patterns The rate consohdat~on anvolves three major customers, the Denton Independent School District, Denton County, and the City of Denton Water Utility staff has contacted and met with these customers on several occasions to d~scuss this issue and ~ts financial impact The projected annual financml impact based on normal volumes would be C~ty of Denton - $22,500 Denton Independent School District - $11,000 Denton County - $4,500 · Water Conservation and Drought Contingency Plan rates were added to the Residential and Commercial / Industrial Water Rates These rates represent the approved rates contmned m the City of Denton Water Conservation and Drought Contingency Plan WR and Commermal / Industrial rate WC Residential Water Rate WR Stage 3 - A 20% rate block ~ncrease for volumes over 30,000 Gals / 30 days Rate Impact Normal WR Vol Rate Stage 3 WR Vol Rate Greater than 30,000 Gallons $4 35 / 1,000 Gals $5 22 / 1,000 Gals Stage 4 - A 20% rate block ~ncrease for volumes over 15,000 Gals / 30 days Rate Impact Normal WR Vol Rate Stage 3 WR Vol Rate 15,000 - 30,000 Gals $3 50 / 1,000 Gals $4 20 / 1,000 Gals Greater than 30,000 Gallons $4 35 / 1,000 Gals $5 22 / 1,000 Gals Commercml / Industrial Water Rate WC Stage 3 - A 20% rate block ~ncrease for volumes over 80% of prior bdhng volumes Rate Impact Normal WC Vol Rate Stage 3 WC Vol Rate Under 80% Volumes $2 87 / 1,000 Gals $2 87 / 1,000 Gals Over 80% Volumes $2 87 / 1,000 Gals $3 44 / 1,000 Gals Stage 4 - A 20% rate block ~ncrease for volumes over 70% of prior bflhng volumes Rate Impact Normal WC Vol Rate Stage 4 WC Vol Rate Under 70% Volumes $2 87 / 1,000 Gals $2 87 / 1,000 Gals Over 70% Volumes $2 87 / 1,000 Gals $3 44 / 1,000 Gals OPTIONS. The C~ty Council may elect to approve or d~sapprove the water rate recommendattons Approval of the rate recommendations will provide the financial support for the fiscal year 2001 water budget RECOMMENDATIONS The Pubhc Ut~hty Board recommends approval of the water rate changes as d~scussed above for fiscal year 2001 PRIOR ACTION/REVIEW (Counefl~ Boards, Commission) The PUB voted unammously for approval of the sohd waste rates as recommended dunng their meeting of August 21, 2000 (5-0) FISCAL INFORMATION The fiscal year 2001 water rates prowde the revenues to support the proposed fiscal year 2001 water budget Respectfully submitted Howard Mart~n ACM Prepared by Scott Lebsack Assr Director of Solid Waste Exhibit I FY 2001 Water Rate Ordinance \\Svc utll\VOLlkshared\global~Water Rate Ordinance 2001 doc ORDINANCE NO AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO 99-295 FOR WATER SERVICE AND WATER RATES RELATED TO WATER CONSERVATION AND DROUGHT CONTINGENCY PLANNING CONTAINED IN ORDINANCE NO 2000-006, AMENDING THE WHOLESALE RAW WATER SERVICE TO THE UPPllR TRINITY REGIONAL WATER DISTRICT RATE (WRW), AMENDING THE WHOLESALE TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT RATE (WW2), DELETING THE INTRAGOVERNMENTAL SALES OF FINISHED WATER RATE (WG), AND ADDING THOSE CUSTOMERS TO THE COMMERCIAL / INDUSTRIAL WATER SERVICE RATE (WC), DELETING THE LOCAL GOVERNMENT SPRINKLER IRRIGATION RATE (WGI), AND ADDING THOSE CUSTOMERS TO THE COMMERCIAL / INDUSTRIAL WATER SERVICE RATE (WC), ADDING WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN RATES TO RESIDENTIAL WATER SERVICE RATE (WR) AND TO COMMERCIAL / INDUSTRIAL WATER SERVICE RATE (WC), ADDING MISCELLANEOUS FEES, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. That the Rate Schedules for water servme as promded for ~n Chapter 26 of the Code of Ordinances, are mended to read as follows WATER RATE SCHEDULES PAGE WR Residential Water Sermce 2 WC Commercml/lndustnal Water Serrate Rate 6 WGU Intragovemmental Sales of Untreated Water 10 WFH Metered Water From Frre Hydrant 12 WW2 Wholesale Treated Water Service to Upper Tnmty Regmnal Water D~smct 13 WRW Wholesale Raw Water Serrate to Upper Tnmty Regional Water D~smct 15 Water Tap and Meter Fees 16 M~scellaneous Fees 18 Spemal Fac~httes Pdder 19 SCHEDULE WR R~',.qTDP, NYT'TAT. WATF, R ~F, RVTCIF, (Ef£ect~¥e 10/01/00) APPT ,T~AT~N Apphcable for s~ngle fmlly resldentlE Se~lCe, ~d individually metered ap~ents, mobile homes, or mult~-fmfly facfllhes ~ less ~ fo~ ~ts, w~ or w~om wastewater se~me ~) Apphcable for tangle fm~ly resldentml s~ce, ~d individually metered ap~ents, mobde homes, or mult~-f~ly famht~es wx~ less ~ fo~ rots outrode ~e co.orate h~ts ofEe C~W of Denton, w~th or w~out w~tewater semee ~O) The rate m Ese apphcable where ~e merged water ~s not re~ed to the w~tewater system for collechon ~d ~eament, i e lam sp~er or septic system ~ Not applicable to resale, tempor~, st~dby, or supplement~ se~me except m conj~ctmn w~th applicable rider MONTT-tT ,5- R ATF, .(WR) - RF,,qlDF, NITTAT, WATRR ,qERVTCE (1) Facility Charge Bllhng Per '~O Da? 3/4" Meter $ 9 55 1" Meter $11 40 1-1/2" Meter $16 25 2" Meter $I8 10 (2) Volume Charge Rate Per l ;000 Gallnn~ RATIR, I:ITDC~K PF, R '40 DAYS WTNITF, R SITIVrMRR Billing months of Billing months of NOV thrnngh APRIl, MAY thrnugh OCT 0-15,000 gals $2 60 $2 60 15,001-30,000 gals $2 60 $3 50 Over 30,000 gals $2 60 $4 35 2 6 MONTHI ,Y R ATR,q (WRO) -WATRR ~RRVTC~ Ol ITR~R CORPOR ATE I,~TN MONT~ ,Y ~ ATE (1) Facfli~ Ch~ge ~ 3/4" Meter $11 00 1" Meter $13 10 1-1/2" Meter $18 65 2" Meter $20 80 (2) Vol~e Ch~ge Rate Per 1 ;000 Gallnn~ RATR ~T,~CK PRR 30 DAYS ~ER ST~R Bdhng months Bdhng monks NOV thrnnEh APRH, MAY thrnngh OCT 0-15,000 g~s $3 00 $3 00 15,001-30,000 g~s $3 00 $4 05 Over 30,000 gals $3 00 $5 00 MINIM[ rM gll ,I,ING Famhty Charge PAYM'RNT B~lls are due when rendered, and become past due if not pard within 15 calendar days fi-om date of issuance SPRCTAT, FAC11' ,TTrF~.S All semces winch reqmre special facilities in order to meet customer's servme reqmrements shall be prowded subject to the Specml Fac~htaes ih. der PROR ATTON OF FACFI-,ITY CHARC, R Bfllmg for the Facfllty Charge shall be based on 12 billings annually and prorated for longer or shorter billing periods using the followmg formula Formula Aatnal days m hdhng nennd ' ' x customer charge 30 days 3 7 VC)T ,T ~ ~T4AR Billing for the water ¢onsmptmn shall be based on the gallon consumptmn dunng the bflhng period Formula Gal.q. m rate block x rate per 1,000 gal m rate block 1000 gallons PROR A TTIDNT f~F VOT ,I ~ FIT,C~CI( R Bflhng for the summer period volume charges shall be based on water consumptmn m each rate block and prorated using the following fon'nula Formula Actual day.q m bdhng pennd x Volume ~n the rate block 30 days RRTAIT, WATER RATER TrNDRI~ DROUGHT CONTINGENCY PT,AN CONDITIONS ORDINANCE 2000-006. Under Stage 3 drought condtt~ons, the following remdent~al water rates shall apply for retml customers Remdentml customers shall be charged a 20% surcharge penalty for water usage greater than 30,000 gallons per account per 30 days STAGE 3 WR RATE BLOCKS PER 30 DAYS 1 IN!DER DR OT lC*T-IT CONTINCTENC¥ Pr,AN- WINTER SI IMMER Billing months of Billing months of NOV thrrmgh APRIl, MAY through OCT. 0-15,000 gals $2 60 $2 60 15,001-30,000 gals $2 60 $3 50 Over 30,000 gals $2 60 $5 22 4 8 STAGE 3 V~RO RATE BLOCKS PER 30 DAYS l ~ff)RR DROI TGI-IT CONTINGFNC¥ PI,AN WINTER SI m~fMRR Bdlmg months of Billing months of NOV thrnugh APRTI. MAY through OCT~ 0-15,000 gals $3 00 $3 00 15,001-30,000 gals $3 00 $4 05 Over 30,000 gals $3 00 $6 00 Under Stage 4 drought condlUons, the following residential water rates shall apply for retail customers R. es~dentlal customers shall be charged a 20% surcharge penalty for water usage greater than 15,000 gallons per account per 30 days STAGE 4 WR RATE BLOCKS PER 30 DAYS 11NT)ER DR~I TGI~T CC)NTING~NC, y PT,AN Vv'TNT F,R SI FMMER Bfllmg months of Bflhng months of NOV thrm~gh APRIL MAY thrmJgh OCT 0-15,000 gals $2 60 $2 60 15,001-30,000 gals $2 60 $4 20 Over 30,000 gals $2 60 $5 22 STAGE 4 WRO RATE BLOCKS PER 30 DAYS l INIT'IF, R I~R (~T TGI-IT CC~NTING1RNCY PT,AN Billing months of Billing months of NC)V. through APRIl, MAY thmn£h OCT, 0-15,000 gals $3 00 $3 00 15,001-30,000 gals $3 00 $4 86 Over 30,000 gals $3 00 $6 00 5 9 SCHEDULE WC COMMF. R CTAT ,/IN'DT )'STRTAT, WATFiR RF, R VTCIq R ATP', (Effective 10/01/00) APPT JC ATTON Apphcable to all commercial and industrial users, or other water users not otherwise classffied under flus ordinance, for all water provided at one point ofdehvery and measured through one meter (WC) Apphcable for all commercial and industrial users or other users not otherwise classified under tins ordinance outside of the corporate hmlts of'the C~ty of Denton for all water service provided at one point of dehvery and measured through one meter, with or without wastewater servm¢ (WCO) Also apphcable where the metered water is not returned to the wastewater system for collection and treatment, 1 e water used m production or n'ngatlon or where the wastewater flow is measured separately (WCN) Not applicable to resale service m any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider MONTIq-I,¥ R ATR .(-~C) and (1) Facility Charge Fhlhng Per '~O 3/4" Meter $ 20 20 1" Meter $ 22 20 M/2" Meter $ 25 75 2" Meter $ 31 65 3" Meter $6625 4" Meter $122 50 6" Meter $153 00 8" Meter $178 00 10" Meter $214 00 (2) Volume Charge $2 87 per 1,000 gallons MONTI41 ,¥ R AT'F, .(WCO) - Ol ?'PR l~, COR POll A TF. 1' ,IMIT?, (1) Famhty Charge Bflhng Per 30 Days 3/4" Meter $ 21 50 1" Meter $ 23 50 1-1/2" Meter $ 29 60 2" Meter $ 34 50 3" Meter $ 75 00 4" Meter $14t 00 6" Meter $176 00 8" Meter $205 00 10" Meter $247 00 (2) Volume Charge $3 25 per 1,000 gallons MINIM[ ]'M lzl~ ,T ,TNG Facility Charge P^YM~NT Bills are due when rendered, and become past due ffnot prod w~thin 15 calendar days from date of lSSllarlce SPECIAL ~ACT[ ,TTTI~ All ServIces Which require Special facIlItIes m order to meet customer's servIce requIrementS shall be prowded subject to the Specml Fac~ht~es Pdder pr or ATTO~ OF FACT[ ,TTY CT-TARGI~ Bdlmg for the Fac]hty Charge shall be based on 12 billings annually and prorated for longer or shorter hIlhng periods using the following formula Formula Aehml daw m reartm~ ?nod ~ x customer Charge 30 days VOT,T rM~ c~T4Ar GE Bdhng for the water consumptmn shall be based on the consumptmn during the billing period Formula G~llnn~q ennm~mptmn x rate per 1,000 gallons 1,000 ? 11 COMM~,RCTAT. / INT)TT~qTRTAT, WATER RATES (WC / WC'N) ~FNT)ER DROT)'GFIT C,g)NTT~G~C¥ 'PT ,AN CONDTTTONTS - ORDTXtANC~ '2000-006 Under Stage 3 drought contht~ons, the following cormnermal / industrial water rates shall apply for retml customers Commercml / Industrial customers shall be charged a 20% surcharge penalty for water usage above 80% of prior billing volumes per account per 30 days STAGE 3 WC / WCN RATE BLOCKS PER 30 DAYS Volmne Rate for under 80% volumes $2 87 / 1,000 Gallons Volume Rate for volume over 80% of Prior Bfllmg Volumes $3 44 / 1,000 Gallons Under Stage 4 drought conchtlons, the following commercial / industrial water rates shall apply for retml customers Commercial / Industrial customers shall be charged a 20% surcharge penalty for water usage above 70% of prior billing volumes per account per 30 days STAGE 4 WC / WCN RATE BLOCKS PER 30 DAYS 1 ~NDRR DRCII TGI-IT CONTINGENCy PT ,AN' Volume Rate for under 70% volumes $2 87 / 1,000 Gallons Volume Rate for volume over 70% of Prior Billing Volumes $3 44 / 1,000 Gallons COMM~R C, TAT. / INDT TRTRTAL WATF, R R ATE.q (WCO) T INT)ER DR Ol IGI-t'I ' CONITINGF, N!(2y PT ,ANI coNq-)TTTC)NI,q - ORDINIANCE 2000-006 Under Stage 3 drought ¢onchtmns, the following commercial / industrial water rates shall apply for retml customers Commercial / Industnal customers shall be charged a 20% surcharge penalty for water usage above 80% of prior billing volumes per account per 30 days STAGE 3 WCO RATE BLOCKS PER 30 DAYS T INIDER DR OT TGI-IT CONTINCt~NC¥ PT,4N Volume Rate for under 80% volumes $3 25 / 1,000 Gallons Volume Rate for volume over 80% of Prior Bfllmg Volumes $3 90 / 1,000 Gallons 8 12 Under Stage 4 drought conditions, the following commercial / industrial water rates shall apply for retail customers Commercial / Industrial customers shall be charged a 20% surcharge penalty for water usage above 70% ofpnor billing volumes per account per 30 days STAGE 4 WCO RATE BLOCKS PER 30 DAYS l ]N-DER DR Volume Rate for under 70% volumes $3 25 / 1,000 Gallons Volume Kate for volume over 70% of Prior Billing Volumes $3 90 / 1,000 Gallons 9 13 SCHEDULE WGU INTR AGC')Vl~RNMRNTAT. S AT,F,,q OF T ~RF, AT~D WATER (Effective 10/01/00) APPT ,TCATI~N Apphcable to ~I C~ of Denton Dep~ents ~d ~co~ts for ~eated water supphed at one point of dehve~ ~d me~ed ~ough one meter Not apphcable for res~e exc~t m conj~caon wnh apphcable rider ~T MO~,Y R ATE (1) FaclllW Ch~ge $154 00 per 30 days (2) Volme Ch~ge $1 50 p~ 1,000 g~lons ~ ~ R~,T ,~G Famh~ Ch~ge PA~ ~flls ~ du~ when rendered, ~d b~com~ past duc ~f not prod ~ I5 calend~ days from date of 1SSU~C~ SP~CTAT, ~AC~,TT~ All se~mes whch req~e spem~ facflmes m order to meet custom~'s se~me requ~ements shall be promded subject to ~e Spem~ FacHmes ~der PROR ATTON OR RACH,T~ CHARGE Billing for ~e FacH~ C~ge sh~l be b~ed on 12 billings ~ually ~d prorated for longer or sho~er billing periods using ~e following fo~ula Fo~ffia Actual ~ay~ m readmE pe~nd x customer ch~ge 30 days 10 14 V©T ,T ~Vf~. FII-I'AR ~Fi Bdhng £or the water consumption shall be based on [be gallon consumption dunng the bdlmg period ~a]lnn~ ~n~,m~rnnhnn ' x Rate per 1,000 gallons 1,000 11 15 SCHEDULE WFH ]VFR, T~RRD WATRR FROM FTRR T-TYTIR ANT (Effective 10/01/00) APPT ,ICATTCIN Apphcable for all water taken through a fl~e hydrant or other direct dlst~bunon hne source at one location for pnvate or commercial use not associated with fire fighting Customers must complete, sign, and agree to all terms and conditions stated m the "F~re Hydrant Meter Use Agreement" DEPOSIT $800 00 per meter User shall place a deposit each t~me a City's hydrant meter(s) is requested Deposit will be returned when meter is returned and final b~ll is prod NE, T R ATE Volume Charge $2 87 per 1,000 gallons Monthly volume shall be computed by subtracting the begmmng meter reading fi-om the ending meter reading d~vlded by 1,000, and mul~phed rimes the volume charge, upon the monthly return of the meter to the Water Department for reading Per the "Fire Hydrant Meter Use A " greement , failure by the customer to return the meter to water utdmes by the 3~ day of each month for reading, results in acceptance by the customer to pay a monthly bdhng equal to I00,000 gallons of water usage for the month Facility Charge $32 50 per 30 days B~lls are due when rendered, and become past due if not prod wltlun 15 calendar days fi.om date of ISSUanCe 12 16 SCHEDULE WXV2 WHOLESALE TREATED WATER SERVICE TO TrPPRR TRINITY RRGTONAT, WATF, R DTSTRTCT (E£feot~ve 10/01/00) APP[ JCATI(3N Apphcable to all wholesale treated water sales to the Upper Tnmty Regional Water D~stnct (UTRVCD) Not appheable for temporary, standby, or supplementary service MONTHI ,¥ CFTAR GES The monthly charge for serrate shall be expressed as a famhty charge, a volume price per 1,000 gallons and a demand price per nulhon gallons per day (MGD) of demand CvVW2) (1) Famhty Charge $176 00 per month (2) Water Volmne Rate $ 0 25 per 1,000 gallons (WD2) (3) Subscribed Demand Rate $ 348,900.0(} per MGD (Annlml) 12 (Prod Monthly) *Full Payment of Annual Water Demand Adjustments As determined m the last month of each fiscal year (September), ~£any outstandmg or unpmd annual water demand adjustment charges erdst, they shall be included m their entirety on the monthly billing for the following month of October Water demand adjustment charges shall be b~lled and payable m full, m accordance wath the bill payment delinquency prov~smns provided for below ~ ~ ~TT ,T ,T~G The numrnum monthly billing shall be the sum of the monthly famhty charge plus the monthly subscribed demand rate charge WA TF~R DRMAND The demand will be billed on a monthly bas~s at the Water Demand Rate for the subscribed MGD water demand level Annual water demand charges will be retroactively adjusted up begmmng m June for each water year, ~f anytune dunng the fiscal year the actual peak demand reqmred, as estabhshed by the tughest rate of flow controller setting for any one day during the fiscal year, ~s greater than the peak demand subscribed dunng the fiscal year If the actual peak demand has an increased daffy volume between 05 and 10 MGD from the subscribed demand (50,000 - 100,000 13 gallons per day), the annual water demand charge will be adjusted up and billed at the actual peak demand level [tr[ ,i'. P A Y'MRNT DF, I ,INQI ~NCY Bills shall be due and payable when rendered Bills are considered delinquent if not paid wlthtn 20 calendar days of the date a bill for service is rendered There shall be a ten (10%) percent per annum interest charge on the mount due, fi.om the date when due until paid, if not paid w~thm 20 calendar days of the date a bill for service is rendered 14 18 SCHEDULE WRW WHOLESALE RAW WATER SERVICE TO IYPPF, R TRINIIT¥ RRC4ONAI, WATRR DISTRICT (Effect, ve 10/01/00) APpT ,TC A TTON' Apphcable to all raw water sales to the Upper Tnmty Regional Water D~smct (UTRWD) per the Interim Sale of Wholesale Raw Water Contract MONTT-TT,Y CHARC, RS The monthly charge for service shall be expressed as a volume price per 1,000 gallons Volume Charge $0 3541 per 1,000 gallons PAYIvmNT Denton shall render bills by the tenth (10~) day of each month Bills shall be due and payable w~thm 20 calendar days of the date a bill ~s rendered FlIT,T, PAYMRNT DRT ,INQT IRNCY B~lls shall be due and payable when rendered Bills are considered delinquent if not pard mnthm 20 calendar days of the date a b~ll for service ~s rendered There shall be a ten (10%) percent per annum interest charge on the mount due, t}om the date when due until prod, if not prod within 20 calendar days of the date a b~ll for service ~s rendered 15 19 ~VATI~,I~ TAP ANTI MIq~TI~,I~ I~F~R (Effectave 10/01/00) APPI,ICATI~N ~s sched~e apphes to the installation, remove, or relocatxon of water taps ~d meters by ~e Cx~ of Denton U~h~ d~ent at the request of a person, fi~, assocmtmn or co~oratmn TAP A~ ~T~R FRRR ~y person, ~Soclatlofl of person, or co~oraaon ~at requests that a water mmn tap, water meter or water meter loop, be ~moved, ~t~led, or relocated by ~e Utfl~ Dep~ent sh~l pay m advice to ~e Utfi~ D~ent ~e follo~g apphcable fees WATRR TAPg ~ ~TRR ~ze ~fT~p ~nd Meter P~ved g~eat I ~n?ved ~eet 3/4 tach $1,300 00 $ 55000 1 tach $1,500 00 $ 675 00 1% tach $1,900 00 $1,000 00 2 tach $2,100 00 $1,300 00 WATRR M~,TRR g'RRS 3/4 tach $ 280 00 1 mch $ 345 00 1 ½ inch $ 450 00 2 tach $ 580 00 WATI~R MI~TRR 3/~ tach $ 210 00 1 tach $ 260 00 1 ½ tach $ 310 00 2 inch $36000 16 20 FEE,q FOR 'rN'gTAT,i' ,ATTON,~ NOT T ,¥RTED For the mstallatmn of a tap, loop or meter for winch a fee zs not speczfied, the requestor shall pay m advance a 50% deposzt based upon the estunated cost of such mstallatmn, or snmzlar work, plus an adrmrnstrat]ve charge of 20% Upon completaon of the mstallatmn, the apphcant shall be billed at actual cost, as determined by the Utdzty Department, plus a 20% adrmmstrative charge The mstallatmn charges may be wmved by the uUhty department for a request to install taps excluszvely dedicated to fire spnnkler systems 17 21 [M~TF, R TAMPF~RTNG FEE] To be brought forward at a later ame for PUB guidance and recommendations and subject to Legal rewew. 18 22 SPFCIAI, FAC. II,ITIF,q RIDER (Effective 10/01/00) All service shall be offered from available faclhtles If a customer service request for a special or unusual service not othervase provided for by the water rate ordinance, and/or requires facilities or devices which are not normally and readily available at the location at which the customer requests the service, then the C~ty shall provide the service subject to the requirements of paragraph 2 of this Rider The total cost of all famlmes reqmred to meet the customer's special reqmrements which are recurred by the City in connection with rendenng the service shall be subject to a spemal contract entered into between the Water UtHlty Department and the customer This contract shall be s~gned by both part~es prior to the City providing the requested service to the customer 19 23 ~qF, CTTONI 2 That all ordinances or parts of or(hnances in force when the provisions oftlus ordinance became effective wluch are inconsistent or m conflmt w~th the terms of prov~smns contained m the amended schedule of rates hereby enacted by tlus ordinance, are hereby repealed to the extent of any such confhct SIqCTTON' '~ That if any section, subsectlon, paragraph, sentence, clause, phrase or word m tins ordmance, or appllcatton thereof to any person or circumstances ~s held ~nvahd by any court of competent junschct~on, such holding shall not affect the validity of the remaining portions of tlus ordinance, and the C~ty Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such mvahd~ty SRCTTON 4, That the Schedule of Rates herein adopted shall be effective, charged and apphed to all water consumpnon occumng on or after October 1, 2000, and a copy of sa~d rates, fees, and charges shall be maintained on file m the Office of the C~ty Secretary PASSED AND APPROVED tlns the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ~'~, .~ 20 24 ~Oenda Ite~ ~/ AGENDA INFORMATION SHEET AGENDA DATE September 5, 2000 DEPARTMENT Wastewater Department ACM Howard Martin, 349-8232 ~ SUBJECT. AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED 1N ORDINANCE NO 99-296 FOR WASTEWATER SERVICE, DELETING THE INTRAGOVERNMENTAL WASTEWATER SERVICE RATE (SG) AND ADDING THOSE CUSTOMERS TO THE COMMERCIAL AND INDUSTRIAL WASTEWATER SERVICE RATE (SC), REASSIGNING CHARGES FOR UNCONTAMINATED GRASS, LEAVES, AND BRUSH, AS WELL AS WHOLE TREES AND STUMPS BROUGHT TO THE LANDFILL, FROM THE SOLID WASTE RATE ORDINANCE TO THE WASTEWATER RATE ORDINANCE, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND: The proposed fiscal year 2001 wastewater rate recommendations are briefly discussed below · Wastewater Retml Rate Class Consolidation Reed-Stowe & Company, Incorporated completed the retail Water and Wastewater Cost of Service and Rate Design Study in June, 1999 The report recommended the consolidation of the wastewater government rate class into the commercial customer rate class These customers have similar water consumption patterns, with no distinguishable differences in usage volumes, or peaking charactenstms The water similarities apply to wastewater volumes as well Consolidation of the existing government (SG) customers into the commercial rate (SC) will increase their respective rate from the government rate volume charge of $2 73 / 1,000 gallons to the commercial rate volume charge of $3 08 / 1,000 gallons This item was &scussed last year with the Public Utility Board and the Board advised the staff to delay one year before recommending the consolidation of the rates in order to permit the entities involved to adequately budget and prepare for the change Staff marled correspondence on several occasions and has met with personnel from all entities involved, the City of Denton, the Denton Independent School District, and Denton County, and has discussed the financial impact projected to occur for fiscal year 2001 The projected annual financial impact based on normal wastewater volumes is projected to be C~ty of Denton - $2,500 Denton Independent School D~strmt - $14,000 Denton County - $10,500 * Increase ~n Charges for Grass / Leaves / Brush and Conversmn to a Tonnage Bas~s Th~s rate schedule has been moved from sohd waste ~nto the wastewater rate ordinance because wastewater performs the compost~ng operations and receives the compostlng revenues Uncontarmnated grass, leaves, and brush in less than 6 ft lengths ~s proposed to ~ncrease from $1 00 CY to $2 00 CY The additional charge adequately covers ~ncreased gnnd~ng costs Uncontaminated grass, leaves, and brush ~n greater than 6 fi lengths ~s proposed to increase from $3 00 CY to $4 00 CY The conversion of these charges to a tonnage bas~s produces the following charges Uncontaminated G/L/B ~n less than 6 fi lengths - $10 00 / ton Uncontaminated G/L/B in greater than 6 ft lengths - $15 00 / ton Whole Trees and Stumps - $45 00 / ton Tonnage Conversion Calculataons $2 00CY x 5 00CYperton = $10 00/ton $4 00 CY x 3 75 CY per ton = $15 00 / ton $17 50 CY x 2 55 CY per ton -- $45 00 / ton OPTIONS The City Council may elect to approve or d~sapprove the wastewater rate recommendations Approval of the rate recommendations permits the wastewater utthty to prowde the financml support for the fiscal year 2001 budget RECOMMENDATIONS: The Pubhc Ut~hty Board recommends approval of the wastewater rates as provided herein PRIOR ACTION/REVIEW {Counefi~ Boards~ Commlssmn). The PUB voted unanimously for approval of the wastewater rates as recommended dunng their meeting of August 21, 2000 (5-0) FISCAL INFORMATION The fiscal year 2001 wastewater rates provide the revenues to support the 2001 proposed wastewater budget Respectfully submitted Howard Martin ACM Prepared by Scott Lebsack Asst D~rector of Sohd Waste Exh~ba I FY 2001 Wastewater Rate Ordinance ORDINANCE NO AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO 99-296 FOR WASTEWATER SERVICE, DELETING THE INTRAGOVERNMENTAL WASTEWATER SERVICE RATE (SG) AND ADDING THOSE CUSTOMERS TO THE COMMERCIAL AND INDUSTRIAL WASTEWATER SERVICE RATE (SC), REASSIGNING CHARGES FOR UNCONTAMINATED GRASS, LEAVES, AND BRUSH, AS WELL AS WHOLE TREES AND STUMPS BROUGHT TO THE LANDFILL, FROM THE SOLID WASTE RATE ORDINANCE TO THE WASTEWATER RATE ORDINANCE, PROVIDiNG FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~qF~CTIONI l That the Rate Schedules for wastewater service as prowded for ~n Chapter 26 of the Code of Ordinances, are amended to read as follows WASTEWATER RATE SCHEDULES SR Residential Wastewater Servme 3 SMH Mobile Home Park Wastewater Servme 6 SC Commermal and Industrial Wastewater Servme 9 SCD Commercm!/Industnal Wastewater Servme Winch 13 Measures With Dechcated Water Meters (Submeters) Water For Wastewater Bflhng SCS Commercml/Industnal Wastewater Service Winch 15 Measures W~th Dedicated Water Meters (Submeters), Water Excluded From Wastewater Ballmg SEE Eqmpment Servtces Facthtaes and Restaurants & Food 17 Service Estabhshments Wastewater Service SM Metered Wastewater Inside and Outside Corporate hm~ts 20 SGE Sale of Treated Wastewater Effluent 22 SSC Wholesale Wastewater Treatment Servme for a 24 Governmental Agency, D~ws~on or Subd~wsmn CWM Compost and Wood Mulch 26 4 Page t GLB Grass, Leaves, and Brash 28 Wastewater Tap Fees 29 Specml Facilities Rader 30 5 Pa~e 2 SCHEDULE SR RESIDENTIAL WASTEWATER SERVICE (Effective 10/1/00) A PPI JC A TIC)N Applicable for single family residential service, and redly,dually metered apartments or mobile homes or multi-family facilities with less than four (4) umts Also applicable for wastewater service without City of Denton water service Not applicable for sub~billing or other utility billing by service user in any event MONTHI,Y RATES (SE) - WITbT CITY OF DI~NITON WATER SERVICE (1) Faclhty Charge $6 20 / 30 days (2) Volume Charge $2 37 / 1,000 gallons effluent MONTRT,y RATI~.q (RRo) - OTIT,~IDR CORPORATE I,TMTT,q WITH CITY OF DFNTON WATER ,qE, R VICE (I) Facility Charge $7 15 / 30 days (2) Volume Charge $2 73 / 1,000 gallons effluent Except as otherwise stated in this schedule, wastewater volume is calculated based upon a current wrater Average Dmly Usage, established annually during the previous bdlmg months of December through February, and based upon 98% of actual water consumption during those months The average dmly usage may be calculated using as few as two months The Average Daily Usage thus calculated establishes the wastewater volume charge for each subsequent month, through the followmg February For customers without an estabhshed winter Average Daily Usage water consumption billing history derived from the preceding blllmg months of December through February, wastewater volume for each billing month through the following February shall be calculated at 98% of 6,500 gallons M1NIMI IM RII,T,ING. Vv'TTI-T CITY OF DF, NTC)N WATER RERVIC12 Facility Charge 6 Page 3 VOI,U~V[E CHARGE - WITH CTTY OF DENTON WATER SERVTCE With a current Average Dally Usage, billings through the followlng February shall be based on the average daffy usage calculated using the following formula Current Average l%,ly Usage x 98% x Rate per 1,000 gallons 1000 For customers without an established current Average Daffy Usage, bflhngs shall be based on 98% of 6,500 gallons 6;500 Gallons x 98% x Rate per 1,000 gallons 1000 P A'WVrENT Bills are due when rendered, and become past due ffnot prod watun 15 calendar days from date of ISSUanCe SP~CTAT, EACTT,TTTRS All services wtuch reqmre spemal facfllnes m order to meet customer's service reqmrements shall be provided subject to the Spemal Famhtms RJder PROR ATTONT 01~ ~AC1T ,ITY CHARGE BIlhng for the Faclhty Charge shill be based on 12 bltlmgs annually and shall be prorated based on the following formula Aehml cl~ya m re~dmg pennd x customer charge 30 days MONITHT ,Y R A T~,q (~qRNI/NRNO) - WlTT--IC)I }'T CITY OF DENTON WATER SIRE VICE SRNI SRNO Inside Corporate Outrode Corporate T ,lm~tfi t' ,lmlta (1) FaclhtyCharge $6 20 / 30 days $7 15/30days (2) Volume Charge $2 37 / 1,000 gals $2 73 / 1,000 gals 7 Page 4 The customer shall pay a m~rnmmn volume charge on the established billable volume of five thousand (5,000) gallons per month MINIMI IM ~III,T,ING. WITI-IOI IT CITY OF DENTON WATER KERVICE The facility charge plus 5,000 gallons ofwastewater VOl J rMR CVfARGE - WITHOUT CITY OF DENTON WATER SERVICE The blthng for the wastewater volume shall be based on the minimum wastewater volume (5,000 gallons) dunng the billing period Minimum Waatewaier Vnlume x Rate per 1,000 gallons 1000 PAYMENT Bills are due when rendered, and become past due if not pad within 15 calendar days ~om date of issuance ,qPECTAT. FACTT JTTI:.S All services which require special facflmes in order to meet customer's service requirements shall be provided subject to the Special Facilities Rider PEeR ATTON OF FACII .TTY CI-IAR GE Billing for the Famhty Charge shall be based on 12 billings annually and shall be prorated based on the followmg formula Actual days m rearlmg pennd x customer charge 30 days 8 Page 5 SCHEDULE SMH MORTT,E FfOIVfR PARK WASTEWATER RERVTCF, (Effective 10/01/00) APPT ,TC A TTON Apphcable for mobile home parks Much are master water metered to provide residential wastewater servme Wastewater servme is billed based on the customer's w~nter average water usage Also applicable for wastewater service without City of Denton water service, m the event the mobile home park does not have a master meter for wastewater Wastewater servme ~s billed on the average residential wastewater volume per customer Not applicable for sub-bflhng or other utility billing by service user m any event MONTblI,Y RATE (~qMlt') - WI'TIq CITY OF DENTON WATER SERVICE (I) Facility Charge $16 20 / 30 days (2) Volume Charge $2 37 / 1,000 gallons effluent MONTFII ,y R ATE ($MItO) - OI ITRIDR CORPORATE I,IMIT,q WITH CITY OF DENTON WATER RRRVTCR (1) Facility Charge $18 00 / 30 days (2) Volume Charge $2 73 / 1,000 gallons effluent Except as otherwise stated m thts schedule, wastewater volume is calculated based upon a current w~nter Average Dmly Usage, estabhshed annually dunng the previous billing months of December through February, and based upon 98% of actual water consumptmn dunng those months The average datly usage may be calculated using as few as two months The Average Daffy Usage thus calculated establishes the wastewater volume charge for each subsequent month, through the following February For customers without an established wrater Average Dmly Usage water consumption bflhng tustory derived fi.om the preceding billing months of December through February, wastewater volume for each billing month through the following February shall be calculated at the established bdlable volume (5,000 gallons per month per mobile home) for mobile home park customers not receiving water service 9 Page 6 MINIMT/M P. TT.T JNG. WYTIT CITY' OF D'F,,NTON WATF(R Facility Charge VOT J IMI~ CI4,a,I~ G~. WlTIT CTTY OF D~NTON WATt~,R SF~RVTCE With a current Average Dmly Usage, bfllmgs through the follow~ng February shall be based on the average daffy usage calculated using the following formula Current Average Da~ly 1 lnage x 98% x Rate per 1,000 gallons 1000 For customers w~thout an estabhshed wrater Average Daffy Usage, bfihngs shall be based on the established billable volume of 5,000 gallons per mobile home per month F,~tahlmhed ]:hllahle Vnlnme x Rate per 1,000 gallons x Number of 1000 Mobile Homes Bills are due when rendered, and become past due ffnot prod wltl'un 15 calendar days fi.om date of issuance SPF. CTAT, FACII JTFR,~ Ali services wb2ch require spemal facilities m order to meet customer's service reqmrements shall be promded subject to the spemal facfl~ttes nder PROR ATTONI OF FACIT JTY CRAR GF, Billing for the Famhty Charge shall be based on 12 bfihngs annually and shall be prorated based on the followmg formula Actual day~ m reading pennd x facility charge 30 days MONTT-IT ,¥ RAT12 (gMNI/,~IVINO) - WlTITOI IT CTTY OF DRNTON WATF, R SCR'vTC12 SMNI SMNO Inside Corporate Outside Corporate l,~rmts L~m~t~ (1) Facfilty Charge $16 20 / 30 days $18 00/30 days (2) Volume Charge $2 37 / 1,000 gals $2 73 / 1,000 gals 10 Pa~le 7 The customer shall pay a manmum volume charge on the established billable volume of five thousand (5,000) gallons per month MINTMI IM RH ,l ,lNG - WITHOI IT CITY' OF DENTON' WATER SERVICE The faclhty charge plus 5,000 gallons ofwastewater per mob~Ie home VOl ,TIME CI-IARGE. WTTHOI/T CITY OF DENTON WATER SERVICE The billing for the wastewater volume shall be based on the wastewater voltune calculated dunng the billing period Mm~rmtrn Wamtawatar Vahlme x Rate per 1,000 gallons x Number of 1000 Mobile Homes P A YMI~NT Bills are due when rendered, and become past due if not pad within 15 calendar days fi.om date of issuance ,qPF~CIAT, F A CTT,TTTI~R All services which require special facllmes in order to meet customer's service requirements shali be provided subject to the Special Faclhtles R~der PR(hR ATION OF 'FACTT JTY CI4'AR G~ Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula Actual da? m reading pennrl x facility charge 30 days 11 Page 8 SCHEDULE SC CO1VFM~,RCtAT, AND TNDT T,qTRTAL WASTIqWATEr ,qERVTCE (EffeCtIve 10/01/00) REGT TT,AR ~O'M?vflqR CTAT, AppT,TCATTON ApplIcable to all general commercial and industrial waste~vater service users and to all wastewater servme users not otherwise specifically classffied under a speclahzed class wastewater rate Also apphcable to all commercml facilities not receiving metered water service from the City of Denton, including sub-chvlslons, for apartments, or other commercial users MONTI41 ,y R ATIq (,qf"). WITIq' CITY OB DIRNTON WATER (1) Facility Charge $16 20 / 30 days (2) Volme Charge $ 3 08 / 1,000 gallons effluent Bflhng based on eighty (80%) percent of monthly water consumption Phm PRETREATMENT / PROGR AM' cIqARG~,q (A~ Apphcahle) (SCA) (A) Categorical Customer $375 00 / 30 days (SCB) (B) Non-categorical Customer$ 46 00 / 30 days SAh, fPl-]qq~ AND ANAT,Y~T,q C~ARGER (A~ apphcahle) (A) Sampling charge (each) $35 00 (B) Analys~s charge (per test) $15 00 MONITHI.Y RATR (~lqO) - OTIT,qlDE CORPORATR I,IMITS WITH CITY OF DENTON WATER ~q~R vICF~ (1) Facility Charge $18 00 / 30 days (2) Volume Charge $ 3 55 / 1,000 gallons effluent Billing based on e~ghty (80%) percent of monthly water consumptmn 12 Page 9 Faclhty Charge VOl ,T IMF, C,~AR GE B~Ihng for the wastewater volume shall be based on the wastewater volume calculated dunng the bflhng period Formula :~ter_mlnme_x~ x Rate per 1,000 gallons 1000 COM3vrER CTA T. ANTT') rNTDI ~',qTR TA T, ST TR C,~A R In add~tlon to the above charges for commermal and industrial services, there wflI be added to the monthly rate a surcharge based on the following formula Surcharge Umt Cost Factor $0 004228 mg/1 of Bmchemmal Oxygen Demand (BOD) $0 002317 rog/1 of Total Suspended Sohds (TSS) Cu = Vu ([Bu-250] B + [Su-250] SI) Where Cu m the surcharge for customer X Vu is the bdlmg volume per 1000 gallons for customer X Bu m the tested BOD level for user X or 250 rog/l, wtuchever is greater B is the umt cost factor for treating one umt BOD per 1,000 gallons Su is the tested TSS level for user X or 250 rog/l, wluchever is greater S is the umt cost factor for treating one umt of TSS per 1,000 gallons MONTHT,Y RATF, (~INI/~qCNO). WITI-TOT IT CITY OF DF, NTC)N WATI~R ,q~RVT(':i ,; SCNI SCNO Inside Corporate Outside Corporate T ~m~ts T (1) Faclhty Charge $16 20 / 30 days $18 65 / 30 days (2) Volume Charge $3 08 / 1,000 gals $3 55 / 1,000 gals The rmmmum apartment volume charge will be for five thousand (5,000) gallons per umt receiving wastewater service per month Other commercial users will be billed on the= estimated monthly wastewater volume 13 Page 10 (1)Famhty charge plus 5,000 gallons wastewater per ttmt recmvmg wastewater servme Or (2)Famhty charge plus other conLmcrcml user estimated monthly wastewater volume VOl .l JMR C~T4AR GE Bllhng for the wastewater volume shall be based on the wastewater volume calculated dunng the billing penod Formula M~mmnm wagtewamr vnhlm~ x Rate per 1,000 gallons 1000 Phm PRF, TR~ATIMF, NT / PROGRAM CTq'ARGF, S (A~ apphcahle) (1) Categorical Customer $375 00 / 30 days (2) Non-categorical Customer $ 46 00 / 30 days SAMP'f,FNG ANT) ANA'f ,Y~ql,q C, HARC*R~q (A~ apphcahle) (1) Samphng charge (each) $35 00 (2) Analysm charge (per test) $15 00 CO~RCTAT, AND INDTISTRTAT. RI TRC, HARGF, In addmon to the above charges for commercial and ~ndustnal services, there will be added to the net monthly rate a surcharge based on the followmg formula Sumharge Umt Cost Factor $0 004228 rog/1 of Bmchemmal Oxygen Demand (BOD) $0 002317 mg/1 of Total Suspended Sohds (TSS) Cu = Vu ([Bu-250] B + [Su-250] SI) Where Cu ~s the surcharge for customer X Vu ~s the billing volume per t000 gallons for customer X Bu ~s the tested BOD level for user X or 250 mg/1, wl'uchever ~s greater B zs the umt cost factor for treating one umt BOD per 1,000 gallons Su m the tested TSS level for user X or 250 rog/l, wluchever ~s greater S ~s the mt cost factor for treating one mt of TSS per 1,000 gallons 14 Page 11 PAYMENT Bdls are due when rendered, and become past due if not prod wltlun 15 calendar days fi.om date of' 1SSUanCC SP"g, CTA/, ~ACTT.TTTES All services wl~ch require special facd]tles m order to meet customer's servme requirements shall be provided subject to the Special Facflmes R~der PRORATION OF FACB',TTY CHARGE Bllhngs for the Famhty Charge shall be based on I2 billings annually and shall be prorated based on the following formula Actual day~ m reading pennd x customer charge 30 days 15 Pa~e 12 SCHEDULE SCD CONEVIERC~/INDUSTRL~L WASTEWATER SERVICE WI~CH MEASURES WITH DEDICATED WATER METERS (SUBMETERS), WATF~R FOI~ WARTF, WATRR FITI.T,INC, (Effective 10/01/00) APPT ,lC A TTON Applicable to all commercial and industrial wastewater service users and to all wastewater service users not otherwise classified under tins Ordinance whose wastewater volume is measured by a water meter wbach measures the water wlnch is returned into the wastewater collection and treatment system The SCD submetered wastewater volumes are billed to the customer Not applicable for sub-bdhng or other utility billing by service user in any event MONITHI ,¥ R ATR (i) Facility Charge Bdlmg Per 30 Day~ 3/4" Meter $ 21 50 1" Meter $ 23 50 1-1/2" Meter $ 29 60 2" Meter $ 34 50 3" Meter $ 75 00 4" Meter $141 00 6" Meter $176 00 8" Meter $205 00 10" Meter $247 00 (2) Volume Charge $3 08 / 1,000 gallons effluent The wastewater bllhng is based on ninety-eight (98%) percent of the actual water volume submetered MINTMI BM 'Ill]' J,1NG Facility Charge PAYMENT Bills are due when rendered, and become past due if not prod within 15 calendar days from date of 1ssuance SPRCTAI', FAC, II' .ITFF,,$ All services wbach reqmre special faclhttes m order to meet customer's service reqmrements shah be provided subject to the Special Facdlt~es Rader 16 Page 13 COMMF, RCTAT, ANT) JNT)T]',qTRTAT, ST FRCI-IARGR In addlnon to the above charges for services, there will be added to the monthly rate a surcharge based on the following formula Surcharge Umt Cost Factor $0 004228 mg/l of B~ochemmal Oxygen Demand (BED) $0 00231'7 mg/l of Total Suspended Solids (T$$) Cu = Vu (['Bu-250] B + [Su-2501 S]) Where Cu is the surcharge for customer X Vu is the billing volume per 1000 gallons for customer X Bu ~s the tested BeD level for user X or 250 mg/1, wl'nchever is greater B is the umt cost factor for treating one umt BeD per 1,000 gallons Su is the tested TSS level for user X or 250 mg/1, wb2chever is greater S is the umt cost factor for treating one umt of TSS per 1,000 gallons PROR ATIC~]q OF FACILITY CMARGF, Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula Actual da? m reaflmg permd x customer charge 30 days VOI',I IMF, CI4AR GR Bflhng for the wastewater volume shall be based on the wastewater volume calculated durmg the billing period Formula Aettml Water volume v 08 x Rate per 1,000 gallons 1000 17 Page 14 SCHEDULE SCS COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUBMETERS), WATF]~ EXCT,TJ]')RD FROM WAsTRWATRR BTTJJNG (Effective 10/01/00) APPl JC ATICIN Apphcable to all commemlal and industrial wastewater service users and to all wastewater service users not otherwise classified under tins Ordanance whose wastewater volume ~s calculated by a water meter winch measures the water winch is not returned into the wastewater collect~on and treatment system The SCS submetered wastewater volumes are consumed m the customer's processes, not returned to the wastewater system, and are therefore excluded from the customer's wastewater billing volumes Not applicable for sub-bflhng or other utahty bflhng by service user ~n any event MONTbll ,¥ R A TR (1) Facility Charge B~lhng Per 30 Days 3/4" Meter $ 21 50 1" Meter $ 23 50 1-1/2" Meter $ 29 60 2" Meter $ 34 50 3" Meter $ 75 00 4" Meter $141 00 6" Meter $176 00 8" Meter $205 00 10" Meter $247 00 (2) Volume Charge- None The wastewater bfllmg exclusmn is based on one-hundred (100%) percent of the actual water volume submetered MINTMI A4 ~tt J,TNG Famhty Charge PAXFM~NT Bills are due when rendered, and become past due ffnot prod w~thm I5 calendar days fi.om date of issuance 18 Pa~e 15 ~P~CTAT r F~ACTI .TTTF, S All services wtuch reqmre special facilities m order to meet customer's servme requirements shall be prowded subject to the Special Faclht~es Pdder WARTF, WATAR ,qI IR CHARGA In addition to the above charges for services, there will be added to the monthly rate a surcharge based on the following formula Surcharge Umt Cost Factor $0 004228 mg/1 of Biochemical Oxygen Demand (BOD) $0 002317 mg/1 of Total Suspended Solids (TSS) Cu = Vu ([Bu-250] B + [Su-250] SI) Where Cu m the surcharge for customer X Vu is the bfllmg volume per 1000 gallons for customer X Bu is the tested BOD level for user X or 250 mg/1, wluchever ~s greater B is the umt cost factor for treating one umt BOD per 1,000 gallons Su m the tested TSS level for user X or 250 mg/1, whichever is greater S is the urnt cost factor for treating one umt of TSS per 1,000 gallons PROR ATTONI C)F AACIT,TTY CT-TAR GF, Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula Actual da? mre. dm£ pemnfl x customer charge 30 days VOl' ,T/MA C~A R GA AX'CT .I The wastewater volume exclusion shall be based on the water volume calculated dunng the bHlmg period This submetered volume shall be excluded, ~e removed, from the master meter water volume prior to the wastewater billing volume calculation 19 Page 16 SCHEDULE SEE EQUIPMENT SERVICES FACILITIES AND RESTALrRANTS & FOOD SERVICE ESTABLISHMENTS WA~T~WATF'E ~rVTC~F (Effective I0/01/00) APPT ,TC ATTCIN Apphcable to facIlItIes WhICh perform_ Washulg, clearung or servlcm§ of automobiles, trucks, blisses or snmlar eqmpment and are categorized by Standard Industrial Code Numbers 5541, 7549, 7542, and/or similar code classifications Applicable to all restaurants and food servme estabhshments wluch prepare and serve food directly to customers and are categorized by Standard Industrial Code Numbers 5812, 5813 and/or s~mflar code classlficatmns MONTHT,¥ g ATE (SEE) (1) Famhty Charge $16 20 / 30 days (2) Volume Charge $ 4 25 / 1,000 gallons effluent Billing based on eaghty (80%) percent of monthly water consumption Plus PRFTR'RATMRNT / PR()GR AM CIq'AR GF,,q (An ap?heRB]e) (SEA) (A) Categorical (30 days) $375 00 (SEB) (B) Non-categorical (30 days) $ 46 00 The appropriate Pretreatment/Pmgram charge will be apphed if the customer ~s ~dentffied as e~ther categorical or non-categorical These charges are not to be apphed afthe customer ~s not designated as either a categorical or non-categorical customer SAMPf.FNG / ANAI,¥RI,q cIq'ARGR~ (An Applmahle) (I) Samplmg charge (each) $35 00 (2) Analysm charge (per test) $15 00 SRR I~XRIVFPTTCIN,q (1) Customers under the SEE rate shall be charged the SC rate if only pre-wrapped and preprocessed foods are served fi.om their prermses and no food processing as performed on the prenuses so that only mmmaal orgamc matenaI ~s discharged to the 20 Pa~e 17 samtary sewer The exemption for the SEE class shall be determined by the C~ty of Denton Environmental Health Services Food Inspectmn D~ws~on (2) Customers under the SEE rates shall be charged the SC rate plus the apphcable industrial surcharge if the customer (a) Installs a wastewater samphng manhole on the samtary sewer &scharge line, (b) Agrees to pay for the City to sample and analyze, quarterly, the wastewater d~scharge for the followtng Bmchemlcal Oxygen Demand (BOD), Total Suspended Sohds (TSS), and Fats, Ods and Grease (FOG), based on the actual costs, and (c) Agrees to pay, based on the industrial surcharge formula, a surcharge on all wastewater chscharged that is in excess of 500 rog/1 of BOD and 550 TSS as determined by the momtonng performed in Section 2(b) MINrTMT TM lqlT,T ,TNG Facility Charge WA ~T'RWATRR ~ql IR CI:-IAR GR The wastewater surcharge calculatmn that applies to eqmpment services facthtles and restaurant and food servtce estabhshments clmmmg the SEE exemption shall be based on the following formula Surcharge Umt Cost Factor $0 004228 rog/1 of B~ochemmal Oxygen Demand (BOD) $0 002317 rog/1 of Total Suspended Sohds (TSS) Cu = Vu ([Bu-500] B + [Su-600] S]) Where Cu ~s the surcharge for customer X Vu xs the billing volume per 1000 gallons for customer X Bu ~s the tested BOD level for user X or 500 mg/1, wluchever is greater B is the umt cost factor for treating one umt BOD per 1,000 gallons Su ~s the tested TSS level for user X or 600 rog/l, wluchever xs greater S ~s the umt cost factor for treating one umt of TSS per 1,000 gallons PAYTYfRNT B~lls are due when rendered, and become past due ~fnot prod w~tlun 15 calendar days from date of issuance 21 Pa~e 18 ,qPRtqlAl. FAULT ,TTTE, S All services wlnch requn'e spemal faclht~es m order to meet customer's se~ce mqmrements shall be prowded sub, oct to ~e Spemal Famhtms ~der Bfllmgs for ~e Facfl~W Ch~go shall be b~ed on 12 billings ~uaHy ~d shall be prorated b~ed on th~ follow~ng fo~ula Ag. mld.? m re~dmg ?nod x customer ch~ge 30 days VOT J ~ ~AR GE Bdhng for ~e wastewater volvo sh~l be based on ~e wastewater vol~e calculated d~ng ~e bdhng period Fomula W~t~vob~me ~ R x ~t~per 1,000 gallons 1000 22 Pa~e 19 SCHEDULE SM METERED WASTEWATER INSIDE AND OUTSIDE C..O'I~POI2 AT'E I .TMTT,q (Effective I0/01/00) APPT ,lC A TTON Apphcable to any wastewater servme customer whose wastewater discharge ~s metered from a sxngle customer locatxon and not otherwxse classxfied under th~s ordxnance MONTbll ,Y R ATE SMI SMO Insxde Corporate Outsxde Corporate L~mlt~ Llm~t~ (1) Famhty Charge $200 00 / 30 days $230 00 / 30 days (2) Volume Charge $3 08 / 1,000 gals $3 55 / 1,000 gals Ph]s (3) PretreatmentTPmgram Charge (As applicable) (SMA) (A) Categorical (30 days) $375 00 (SMB) (B) Non-categorical (30 days) $ 46 00 The appropriate Pretreatment/Pmgram charge wall be apphed ff the customer ~s ldentffied as e~ther categorical or non-categorical The categorical and non-categorical classfficatmns are not bound by corporate lurers These charges are not to be apphed ff the customer ~s not designated as either a categorical or non-categorical customer by the wastewater utflxty staff SAMPT.TNG/ANAT,¥STS CHARGE (As Apphcable) (1) Sampling charge (each) $ 35 00 (2) Analysm charge (per test) $15 00 WA.qTI~WATF, R ~I IR CT-lARGE In add~txon to the above charges, there wall be added to the monthly rate for metered wastewater, a surcharge based on the followmg formula Surcharge Umt Cost Factor $0 004228 mg/1 of Bmchenucal Oxygen Demand (BOD) $0 002317 rog/1 of Total Suspended Sohds (TSS) 23 Pa~e 2 0 Cu i= Vu ([Bu-250] B + [Su-250] S]) Where Cu i is the surcharge for customer X Vu is the billing volume per 1000 gallons for customer X Bu is the tested BOD level for user X or 250 mg/1, whchever ts greater B m the umt cost factor for treating one umt BOD per 1,000 gallons Su ~s the tested TSS level for user X or 250 rog/I, wl'nchever ~s greater S is the umt cost factor for treating one umt of TSS per 1,000 gallons MTNTT~ TM! TI TT .r ,TNTG Facility Charge, plus the appropriate Pretreatment / Program Charge, if applicable PAYMRNT Bills are due when rendered, and become past due if not pard w~tlun 15 calendar days from date of issuance SPI?CTAI, ~AC~TT ,TTTIqS All services wluch reqmre special facthtles in order to meetcustomer s' service reqmrements shall be promded subject to the Special Famhtles lhder PROR ATIONT OF !~AC, IT,TT¥ CT4AR GF, Bllhng for the Famhty Charge shall be based on 12 billings annually and shall be prorated based on the following formula Anhml d.? m ra~clmg ?nOd x customer charge 30 days VOT ,T ~ ~T-T A R ~t'g. Billing for the wastewater volume shall be based on the wastewater volume calculated dunng the b~llmg period Formula W.~tCwstar wh,rne x Rate per 1,000 gallons 1000 24 Pa~e 21 SCHEDULE SGE sAt,~ O~ TI~ATI~D W'A,qT'~WAT~R ~,~m JmuT (EffecUve 10/1/00) APPl JCATIQN Apphcable for sees of ~eated wastewater effluent to ~y mummpal ut~hW or approved private business for ~mgaUon p~oses Not avmlable for resale m ~y event PRODT TCT AVA~,AR~ .TTY Wastewater,effiuent 1s avmlable for resale only ffvolmes ~e avmlable Supphes may be hmlted or ~avmlable (~) Facfl~ Ch~g~ $110 00 / 30 days (2) Vol~ Ch~ge $1 20 / 1,000 galIons M~ ~ R~ ,T.~G Facfl~ Ch~ge PA~ENT B~lls me due, when rendered, ~d become past due ~fnot prod w~t~ 15 cflend~ ~ys from date of lSSB~Ce RPFCT A T, F A CTT J~,S All se~mes w~ch reqmre spemal facflmes m order to meet customer's se~ce mqu~ements shall be prowded subject to ~e Specml Facfimes ~d~ 25 Pa~e 22 PROR ATTC~N OF ~A~II TTV CT-TAR GF~ Billing for the Fac~hty Charge shall be based on 12 bllhngs annually and shall be prorated based on the following formula Ac~ml days m reading period x customer charge 30 days VOT ,T ~ ~,T-TA R GE Bdlmg for the wastewater volume shall be based on the effluent volume calculated dunng the bdhng period Formula F, ffinent vol.me x Rate per 1,000 gallons 1000 26 Page 23 SCHEDULE SSC WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL AGRNCY; DIVT,qTIBN: f)R gTJTIDM~qION (Effective 10/01/00) APpT ,TO, A TTON Apphcable to any mummpal corporation, or other governmental agency or subdivision winch operates a wastewater collectton system and contracts with the City of Denton for wastewater treatment service MONT¢Ii' ,¥ R ATRS (1) Facility Charge $180 00 / 30 days (2) Pretreatment/Program Charge (As Apphcable) (A) Categoncal $375 00 / 30 days (B) Non-categorical $ 46 00 / 30 days (3) Volume Charge $ 2 00 / 1,000 gallons Bdhng shall be based on one-hundred (100%) percent of actual gallons measured SAMPT JNIG/ANAT,y~qIR CT"IARGF, (A~ Appheahle) (1) Sampling Charge (each) $35 00 (2) Analyms Charge (pertest) $15 00 MINTMI' FM' IIIT,T,TN'C, Famhty Charge WFfOT ,R,q AT ,'Fi, ~t TR C. T4A R GF, In addition to the above charges for wholesale wastewater servmes, there will be added to the monthly rate an mdusmal surcharge based on the following formula Surcharge Umt Cost Factor $0 004228 mg/1 of Biochenucal Oxygen Demand (BCD) $0 002317 rog/1 of Total Suspended Solids (TSS) Cu = Vu ([Bu-250] B + [Su-250] SI) 27 Pa~e 24 Where Cu ~s the surcharge for customer X Vu ~s the b~lhng volume per 1000 gallons for customer X Bu ~s the tested BOD level for user X or 250 mg/1, wtnchever ~s greater B ~s the umt cost factor for treating one umt BOD per 1,000 gallons Su ~s the tested TSS level for user X or 250 rog/l, wluchever ~s greater S ~s the umt cost factor for treating one umt of TSS per 1,000 gallons ?^YM~NT B~ils are due when rendered, and become past due ffnot prod w~tlun 15 calendar days fi~om date of 18suance SPF, CTAT, I~ACTT,TTT~S All services wluch reqmre specml fac~lmes ~n order to meet customer's service reqmrements shall be provided subject to the Special FacHmes Pdder PROR ATTON OF FACTT,ITY CT4ARGIR Bllhng for the Facility Charge shall be based on 12 b~lhngs annually and shall be prorated based on the followmg formula Achml day~ tn read,rig pet~od x customer charge 30 days VOT ,I ~ CT4A'r GE Bllhng for the wastewater volume shall be based on the wastewater volume calculated dunng the billing period Formula Wamtewatar volume, x Rate per 1,000 gallons 1000 28 Pa~e 25 SCHEDULE CWM COMPO,qT 8r Wf30D MI,ff,CI4 (Effective 10/1/00) APPl-,TCATIONT Apphcable to any and all customers, whether residential, commermal, or wholesale, winch elect to acqmre the C~ty of Denton Compost and/or Wood Mulch for thmr use The C~ty of Denton reserves the right to restrict or hm~t the sale of compost or wood mulch to any customer at any tnne RATRS Compost and Wood Mulch will be sold by volume on a cuinc yardage bas~s, or m one cuinc foot bags Bulk quantmes will not be sold m volumes less than one-half cubm yard (A) Compost (1) Dyno Soft (Top Sod Blend) $25 00 Cubm Yard (2) Dyno Dn't $20 00 Cuinc Yard (B) Wood Mulch (1) Dyno Mulch $15 00 Cuinc Yard (2) Dyno Cl2ps $ 7 50 Cuinc Yard Purchases, for A and B above, greater than 10 cubm yards wall receive a 20% d~scount, and purchases greater than 100 cubm yards will recmve a 40% dtscount (C) The C~ty of Denton interdepartmental price for Dyno Dn-t compost $ 8 00 Cubm Yard (D) One cubm foot bags ofDyno DLrt $1 35 / bag 50 Bag MmLmum Purchase PRODUCT AVAiT,ARB',ITY The C~ty of Denton produces compost and wood mulch throughout the year m varying lnv2ted quantities The C~ty of Denton does not guarantee the avmlabthty of e~thex product, and expressly reserves the right to restrict the sale of rather product based upon available volumes PAYM'RNT T Compost and wood mulch may be purchased at the following Crty of Denton Iocatmn during the hours tdent~fied Lncstmn Addm~ Payment T4onr~ Landfill Scale House 5166 Foster Road 7 00 a m -2 00 p m 20 Paqe 2 6 All customers will be required to prowde payment at the C~ty of Denton payment location prior to receiving any compost or wood mulch RRCF, IPT OF PRODI [CT Upon subnusmon of the payment receipt to the load attendee at the Pecan Creek Water Reclamation Plant, located at 1100 Mayball Road, Denton, Texas, the purchased product will be loaded for the customer Compost and Wood Mulch will only be loaded for customers on Wednesdays and Saturdays, exclumve of legal hohdays, at the Pecan Creek Water Reclamatmn Plant dunng the hours of 7 00 AM - 3 00 PM Vv~F-T OT .~R A T .~, pT ~ C~T-T A .~S Ali compost or wood mulch purchased wholesale, for resale to the public, is to be identified as a City of Denton manufactured product The wholesale purchaser must provide the City of Denton selling price mformatmn to the retml customer if it is requested 3o Pa~e 27 SCHEDULE GLB CTR A~q,q / T ,Iq, AVF,~ / F~RT)'SH (]~ect~ve 10/1/00) APPl',IC A Applicable to all City of Denton residents who submit for deposit at the landfill grass clippings, leaves, and brash, shall pay the following rates GR AS,q / T,~AVE,~ / Product Ch~meten~tm~ Char?, 1 Uncontaminated bagged or un-bagged $10 00 ton grass, leaves, or brash in less than 6' lengths 2 Uncontammated bagged or un-bagged $15 00 ton grass, leaves, or brash m greater than 6' lengths 3 Contaminated grass, leaves or $32 50 ton brash of any length 4 Whole trees and stumps $45 00 ton Professional landscapers, tree tnmmers, and yard maintenance personnel are required to bnng thetr grass, leaves, and brash (all collectible yard waste) to the landfill, and are not pernutted to leave any of the above-referenced collectible yard waste ~tems stacked or piled on the curb at the customer's location Gross, leaves, and brash shall not be assessed the City of Denton solid waste 3 5% surcharge to compensate for the State of Texas surcharge for all solid waste received at landfills if the materials are not landfilled 31 Page 28 WAtTle, WATER TAP F1Z, F,~ (Ef£ectlve 10/01/00) APPT .TC, ATTQN Th~s schedule apphcs to the mst~lat~on, removal, or relocation of w~tewater taps by the Cz~ of Denton Utdz~ Dep~ent at ~e request of ~y person, ~, ~sociat~on, co.oration, or o~er legal cnti~ TAP FRE8 ~y per, on, ~, assocmt~on, co~omhon, or o~er lesal ent~W that requests tha$ a wastew~ter mmn tap be ~emoved, m~talled, or relocated by ~e W~stew~ter Utd~ Dep~ent shall pay m advice to ~e Wastow~ter Utd~W Dep~ent ~he followm~ ~pphcable fees WA~TRWATRR TAPR ~T~ CT.RANOT ~ S~ ze of Tap Pa~ed R~eet l ~n?ved Rtreet 4 inch $1,850 00 $1,300 00 6 inch 1,950 00 1,450 00 8 tach 2,050 00 1,600 00 10 ~nch 2,200 00 1,725 00 MA~OT ,R RR ~ AKNT JT FRR 6" - 12" Line $150 00 FERg ~OR ~RTALI ,ATIONR NOT l ,IRTF, D For mstallatton ora tap for w~ch a fee ~s not specified, ~e requestor shall pay m advice a deposit based upon ~e est~ated cost of such mst~latlon, or s~11~ work, plus ~ a~lms~atlve ch~ge ot 20% Upon compleUon ot~e mst~latlon or s~mll~ work requested, ~e customer sh~l be billed at actual cost, ~ dete~ed by ~e W~tewater Ut~hW Dep~ent, plus a 20% a~s~atlve ch~ge ~y excess depom shall be ro~dod to ~ customer 32 Page 29 ~PI~,c~TAT, PAC1T,TTTP,~ 1RTI~I~R (~f£e¢~ve lO/O1/O0) (1) All servme shall be offered from available facilities If a customer service request for a special or unusual service not otherwise provided for by the Wastewater rate ordinance, an~or reqmres facilities and dewces winch are not normally and reachly avmlable at the location at winch the customer requests the service, then the City shall provide the service ubject to the requirements of paragraph (2) of this Rader (2) The total cost of all facilities reqmred to meet the customer's spemal reqmrements which are recurred by the C~ty in connection with rendenng the service shall be subject to a special contract entered into between the Wastewater Ut~hty Department and the customer Tins contract shall be s~gned by both pames prior to the City providmg the requested service to the customer 33 Page 30 SF. CTTF)N)' 2 That all ordinances or parts of ordinances ~n force when the provisions ofthts ordinance became effective winch are inconsistent, or in conflict w~th the terms or promslons contmned in flus ordinance are hereby repealed to the extent of any such conflmt SI?CTIONI 3. That ffany section, subsectmn, paragraph, sentence, clause, phrase or word m tlns ordinance, or apphcatlon thereof to any person or c~rcamstances ~s held invalid by any court of competent junschctlon, such holding shall not affect the vahd~ty of the remmnmg portions of tins ordmance, and the C~ty Council of the C~ty of Denton, Texas, hereby declares ~t would have enacted such remaining portmns despite any such ~nvalld~ty SF, CTI(3N 4. That the Schedule of Rates herren adopted shall be effecttve, charged and apphed to all wastewater servme rendered on or after October 1, 2000, and a copy of smd rates, fees, and charges shall be mamtmned on file m the Office of the City Secretary PASSED AND APPROVED tins the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S hnmance\WPXRat,s\Wa~tewater Rate Ordinance 2001 doe ~4 Pa~e 31 ,~oenda No,,,, Agenda Item ._~__.~e~.~ AGENDA INFORMATION SHEET AGENDA DATE September 5, 2000 DEPARTMENT Customer Service ACM Howard Martin, 349-8232 ~ SUBJECT. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND TAXPAYERS CONTAINED 1N ORDINANCE NO 99-298, AMENDING THE INSUFFICIENT FUND CHECK HANDLING CHARGE, AMENDING THE ELECTRIC AND WATER RECONNECTION FEE IN ORDER TO PROVIDE FOR WATER METERS, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND There are two miscellaneous rate changes recommended for fiscal year 2001 The first change is the enactment ora $10 00 charge for a water meter reconnection This charge will be billed when a customer reconnects to water servme Many times customers request their water meter be cut off for various reasons dunng the year In order to provide continued service at a later date, the water meter must be turned back on by City of Denton water utility staff At that time, a meter reading is performed, and the reading is then routed for insertion into the Harris customer service software for future billing purposes The second recommended change is to increase the lnsuffiment fund check handhng charge from $15 00 per check to $25 00 per check This increase is representative of the addltmnal costs incurred in handling dehnquent checks and is representative of the industry standard charge OPTIONS: The City Council may elect to enact the $I0 00 water meter reconnectlon fee, whmh will aid in recovenng the costs to perform this service, or the Council may elect to perform th~s service at no cost to the customer The City Council may elect to increase the insufficient check handling charge, which will provide additional financial consideration to the City of Denton for providing the appropriate services related to the handhng of an msuffic~ent fund check RECOMMENDATIONS. The Public Utility Board recommends both m~scellaneous service charges to the City Council for consideration PRIOR ACTION/REVIEW (Council, Boards, Commission) The PUB voted unanimously for approval of both miscellaneous service charges (5-0) FISCAL INFORMATION. These charges will offset the costs to provide these services during fiscal year 2001 for Denton's citizens Respectfully submitted Howard Martin ACM Prepared by Scott Lebsac'k ~ Asst Director of Sohd Waste Exhibit I FY 2001 M~scellaneous Rate Ordinance \\Svc-utlI\VOLl~shared\globalhMlscellaneous Fees DMU Ordinance 200 t doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDiNG FOR THE SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLiNGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND TAXPAYERS CONTAINED iN ORDiNANCE NO 99-298, AMENDiNG THE iNSUFFICIENT FUND CHECK HANDLING CHARGE, AMENDING THE ELECTRIC AND WATER RECONNECTION FEE IN ORDER TO PROVIDE FOR WATER METERS, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the schedule of fees and charges for general utlhty servmes as generally provided for in Chapter 26 of the Code of Ordlnances, and for services to other C~ty of Denton customers and taxpayers, are hereby established as follows SERVICE CHARGES AND PROCEDURES SCHEDULES A ACCOUNT CONNECTION AND RECONNECTION FEES PAGE Electric Meter Installatmn Fee 2 Electric and Water Meter Reconnectmn Fee 2 Delinquent Service Fee 2 B METER READING AND TEST Meter Reading 3 Meter Testmg 3 C MISGELLANEOUS F~,~,S, CHARGES AND DEPOSITS Insufficient Fund Check Handling Charge 4 Service Deposits 4 Interest Earned on Contract Retmnage 5 Credit Card Service Fee 5 3 ACCOUNT CONNECTION AND RECONNECTION FEES (Effective 10/01/00) ELECTRIC METER INSTALLATION FEE APPLICATION Apphcable when a customer requests electric service on a first nme bas~s where no permanent servme prevmusly exmted and where a new account number m estabhshed FEE First Servme Requested $20 00 First Service Requested, after $30 00 business hours ELECTRIC AND WATER METER RECONNECTION FEE APPLICATION Applicable when a customer requests servme at an address whmh has ex~stmg or previous service, wxth an exmtmg account number and hmtory, and the electric and/or water meter must be snstalled or activated for readiness JVEE Electnc Service Requested $10 00 Water Servme Requested $10 00 DELINQUENT SERVICE FEE APPLICATION Applicable when a customer's account ~s processed for d~sconnect~on due to nonpayment FEE Dehnquent Service Fee $20 00 Page 2 4 METER READING AND TEST FEES (Effective 10/01/00) METER READING APPLICATION Apphcable to any electric or water ut~hty customer who requests a reading of a c~ty meter due to a contested b~llmg more than twine m the prevmus 12 months, and no error ~s found FEE Per Add~tmnal Reading $20 00 METER TESTING APPLICATION Apphcable to any customer who requests the testing of a mty meter previously tested w~ttun the past four years and the meter ~s found to be w~th~n accuracy standards FEE Per Test $25 00/KWH Electric Meter $35 00/KW/KWH Electric Meter ACCURACY STANDARDS A meter ~s defined as w~th~n accuracy standards when found to be plus or m~nus two percent (2%) or less Page 3 5 MISCELLANEOUS FEES, CHARGES, AND DEPOSITS (Effective 10/01/00) INSUFFICIENT FUND CHECK HANDLING CHARGE APPLICATION Apphcable when a customer's or taxpayer's check for payment of fees, fines, court costs, taxes, ut~ht~es, or other charges has been chshonored by the maker's bank and returned to the C~ty of Denton tmpmd FEE Per Check $25 00 SERVICE DEPOSITS APPLICATION Apphcable when a customer requests ut~hty servme for the first t~me m the C~ty of Denton servme area and does not have 12 months of good cmcht standing w~th Denton or another ut~hty system for the type of service requested, or does not have a co-s~gner with 12 months of good crecht standing w~th Denton or another electric ut~hty system FEE Residential Customer $150 00 or an amoant equal to 1/6 of the last 12 months of b~lhng at the service location If ut~hty servme ~s chsconnected for non- payment, then the customer wtll be reqmred to pay a deposit sum equal to 1/6 of the last 12 months ofbllhng Commercial Customer $300 00 or an amount equal to 1/6 of the last 12 months of b~lhng at the service locatmn, whmhever ~s greater Deposits w~ll earn ~nterest for the customer The rate of ~nterest w~ll be adjusted sen'n-annually to equal the ~nterest rate of a one year Umted States Treasury Note on October 1 and April 1 of each year If refund of deposit ~s made w~thm tlurty (30) days of receipt of deposit, no ~nterest payment w~ll be made If the C~ty retmns the deposit more than thtrty (30) days, payment of ~nterest shall be made retroactive to the date the deposit was prod A Payment of the interest to the customer shall be made at the tune the deposit ~s returned or erechted to the customer's account Page 4 6 B The deposit shall cease to earn interest on the date it is returned or credited to the customer's account INTEREST EARNED ON CONTRACT RETAINAGE Contract retamage will earn interest for the contractor as provided by TEX REV CIV STAT ANN Article 6252, Sec 5b (Vernon Supp 1992) The rate of interest will be adjusted semi- annually to equal the interest rate of a one year Umted States Treasury Note on October 1 and April 1 of each year Payment of the mterest shall be made at the time the retalnage is paid to the contractor CREDIT CARD SERVICE FEE APPLICATION Applicable when payment for fees, fines, court costs, taxes, utfl~tles or other charges are made w~th a "D~scover" cre&t card RATE/SERVICE CHARGE ~ount Service Ch ar~g.~ $ 01-$20 00 $ 05 $ 20 01-$200 00 $ 1 00 $200 01-$500 00 $ 3 00 $500 01~$800 00 $ 5 00 $800 01-and up $ 7 00 Page 5 7 SECTION 2 That ail ordinances or parts of ordinances in force when the provxsions of th~s ordinance became effective wluch are inconsistent, or m conflict w, th the terms or prowsmns ¢ontmned xn th~s ordinance are hereby repealed to the extent of any such conflict SECTION 3 That ~f any section, subsectmn, paragraph, sentence, clause, phrase or word m th~s ordinance, or application thereof to any person or cxrcumstances ,s held invalid by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remmmng portions of tlus ordinance, and the City Council of the C~ty of Denton, Texas, hereby declares ~t would have enacted such remmmng portions despite any such lnvahd~ty SECTION 4 That th~s ordinance shall become effective, charged, and apphed to all services occurring on and after October 1, 2000, and a copy of satd fees and charges shall be mamtmned on file In the office of the C~ty Secretary PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 6 8 Agenda item ~..~ AGENDA INFORMATION SHEET AGENDA DATE September 5, 2000 DEPARTMENT Sohd Waste Department ACM Howard Martin, 349-8232 ~ SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBERS 99-294, 2000-042, AND 2000-043, AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE, AMENDING THE CHARGES AND SCHEDULES FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICE, RESIDENTIAL SERVICE DEPOSIT, COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE, M1NIMUM MONTHLY COMMERCIAL CHARGE, SAME DAY COMMERCIAL SERVICE CHARGE, AND APPLIANCE PICKUP CHARGE, AMENDING THE SANITARY LANDFILL USE CHARGES AND SCHEDULE BY ESTABLISHING SANITARY LANDFILL USE CHARGES BY TONNAGE, REASSIGNING CHARGES FOR DISPOSAL OF UNCONTAMINATED LEAVES, GRASS, AND BRUSH BROUGHT TO THE LANDFILL TO THE WASTEWATER DEPARTMENT, REASSIGNING CHARGES FOR THE DEPOSIT OF WHOLE TREES AND STUMPS BROUGHT TO THE LANDFILL TO THE WASTEWATER DEPARTMENT, ADDING A SANITARY LANDFILL USE CHARGE FOR THE DEPOSIT OF RECYCLED ASPHALT AND CONCRETE, AMENDING TIRE CHARGES, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND There are several sohd waste rate recommendations for fiscal year 2001 Bnefd~scusmon ~s prowded for all recommendations · Resldentml Rate ~ncrease to $16 00 / 30 days The residential rate ~n proposed to ~ncrease from $13 00 / 30 days to $16 00 / 30 days The increase ~s due to several ~ssues, commumty growth reqmnng operational expansion, the conversion to automated collections, ~ncreased recychng expenses, and landfill d~sposal costs · Commercaal Rate ~ncrease of 15 57% The commercml rate ~s proposed to increase 15 57%, allocated between the commercial classes as follows Dumpster - 20 76% Open Top - fi 11% Compactor- 15 46% Increases tn the commermal rate are based on commercial growth reqmrmg addmonal routes, and ~ncreased landfill charges · Landfill Rate Based on Tonnage Staffrecommends landfill charges be based on tonnage to more eqmtably allocate the charges among the customers The current rate ~s dtwded between two types of customers, Denton customers, charged at $8 60 / cubm yard, and customers whmh are not Denton residents or those customers bnnglng waste whmh originates outside the C~ty of Denton, charged at $10 00 / cubm yard The fiscal year 2001 recommended tonnage rates are priced to be revenue neutral, not generaung addlttonal revenue, but potentially redistributing from whom the revenue ~s collected Landfill rates are recommended at the following tonnage charges Inside City - $32 50 / ton Outside C~ty - $37 50 / ton Speeml Waste - $65 50 / ton Tonnage Conversion Calculations $8 60 CY x 3 75 CY per ton = $32 50 / ton $10 00 CY x 3 75 CY per ton = $37 50 / ton $17 50 CY x 3 75 CY per ton = $65 50 / ton Recycled Asphalt & Concrete - $7 50 / ton This represents the gnndmg cost plus an admm~strat~ve charge of approximately $1 00 per ton These rates are projected to recover $395,000 in landfill revenues for fiscal year 2001 They represent charges for apprommately 12,200 tons of waste brought to the landfill by Denton's mt~zens and outside the mty customers 12,200 tons ofd~rect landfill tonnage represents approximately 10% of the 117,000 forecasted landfill tonnage · Base Mm~mum Commercial Charge The ex~stlng mm~mum commereml charge ~s set at $15 00 / 30 days The FY 2001 m~mmum commercial charge will be set at 50% of the 2 cubic yard dumpster rate emptied once per week (1 CY of servme), $22 50 / 30 days · Apphance Charges Apphances pinked up which contmn CFC's or PCB's will be charged $50 00 / apphance If the customer pmwdes documentation indicating the chemicals were removed, there ~s no charge · T~re Charges T~re charges for whole t~res are proposed to ~ncrease for automobiles from $4 00 to $5 00, and 2 truck t~res are recommended ~ncreasmg from $6 00 to $7 00 * Same Day Commercial Servme Commemml same day demand response service currently ~s charged at $25 00 per empty Th~s charge ~s proposed to ~ncrease to $50 00 per servme for FY 2001 At times the same day service request may be radmed to a commercial driver working a route ~n that area In other ~nstances, due to the operational demands of the route, other drivers are used The driver promd~ng the servme wall normally require between 45 m~nutes and one hour to complete the work Following the return of the same day roll offcontmner, the driver p~cks up and resumes his dady work assignments OPTIONS: The C~ty Council may elect to approve or d~sapprove the sohd waste rate recommendations as recommended Approval of the rate recommendatmns w~ll provide the financial support for the fiscal year 2001 sohd waste budget RECOMMENDATIONS. The Pubhc utd~ty Board recommends approval of the sohd waste rate changes for fiscal year 2001 PRIOR ACTION/REVIEW (Council, Boards, Commission) The PUB voted unammously for approval of the solid waste rates as recommended during their meeting of August 21, 2000 (5-0) FISCAL INFORMATION The fiscal year 2001 solid waste rates w~ll provide revenues to support the proposed solid waste budget for fiscal year 2001 Respectfully submitted ACM Prepared by Scott Lebsack Asst D~rector of Solid Waste Exhibit I FY 2001 Sohd Waste Rate Ordinance 3 \\Svc uttlWOLl~shared\global\Sohd Waste Rate Ordinance 2001 doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AlVIENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE ~ERS 99-294, 2000-042, AND 2000-043, AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-$, 26-?, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE, AMENDING TIlE CHARGES AND SCHEDULES FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICE, RESIDENTIAL SERVICE DEPOSIT, COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE, MINIMIYM MONTHLY COMMERCIAL CHARGE, SAME DAY COMMERCIAL SERVICE CHARGE, AND APPLIANCE PICKUP CHARGE, AMENDING THE SANITARY LANDFILL USE CHARGES AND SCHEDULE BY ESTABLISHING SANITARY LANDFILL USE CHARGES BY TONNAGE, REASSIGNING CHARGES FOR DISPOSAL OF UNCONTAMINATED LEAVES, GRASS, AND BRUSH BROUGHT TO THE LANDFILL TO THE WASTEWATER DEPARTMENT, REASSIGNING CHARGES FOR THE DEPOSIT OF WHOLE TREES AND STUMPS BROUGHT TO THE LANDFILL TO THE WASTEWATER DEPARTMENT, ADDING A SANITARY LANDFILL USE CHARGE FOR THE DEPOSIT OF RECYCLED ASPHALT AND CONCRETE, AMENDING TIRE CHARGES, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~qEC. TSC)N 1 That the charges for sohd waste collectmn services as authorized by Section 24-42(b) of Artacle II, Section 24-66 of Artmle III and Section 24-4 of Artmle I of Chapter 24, and by Section 32-90 of Amcle IV of Chapter 32 of the Code of Ordinances of the C~ty of Denton, Texas, are h~reby estabhshed as follows SOLID WASTE RATE SCHEDULES PAGI~ SWR Resldentml Sohd Waste Collection Service 2 SWC Commermal and Institutional Sohd Waste Collecnon Servme 4 SWL Samtary Landfill Use 9 4 SCHEDULE SV~R RE~qlT~ENTTAT, ,qC)LID WASTE COT ,T ,ECT/ON SERVICE (Effective 10/01/00) APPT .TCATTON Apphcable to m&vldual fmlly mt sohd waste collect~on se~ce to a s~c~e, house, or bmldmg o~y The te~ "m&v~dual fm~ly mt" includes, without limitation, each s~de of a duplex, each hying ~t of a ~plex,, as well as ~y mt or hwng space ~n w~ch a person, persons or a single f~ly resides MO~,Y r ATE $15 90 per 30 days SI ~CnAr GE (State of Texa stamto~ ch~ge for l~dfill use) $0 10 per 30 days The s~ch~ge refermced above ~s hereby au~onzed to be re~aed to ~e State as reqmred by law, ~d should the State Le~sla~e increase ~s fee, such mcre~e ~s hereby authorized to be c~ged ~d collected $16 00 per 30 days There ~11 be no ch~ge for the collection of bagged ~ass chppmgs ~d leaves, or brash ~d ~ee ~bs wheh ~e cut ~d stacked m fo~ foot m~mm len~s, ~f ~e combined ~ass/leaves~h total volme ~s not over e~t cubic y~ds p~ sohd w~te collection ~y combmatmn of ~s, leaves, brash, ~d ~ee l~bs ~s appropriate One cubm y~d of ~s or leaves equ~s s~x 40-g~lon bags Bagged g~s ~d leaves over e~t cubic y~ds (48 bags) ~s ch~ged at 50¢ per addmonal bag Brash ~d ~ee l~bs conmstmg of a volme m excess of e~t cubm y~ds per sohd w~te collec~on ~e ch~ged a $5 00 p~ cubic y~d for all cubic y~ds There ~e no ch~ges for ~e collecUon of apph~ces whch do not contra e~th~ polyc~onnmed b~phenyls (PCB's) or c~orofluoroc~bons (CFC's) ~ere ~e no ch~ges for the collecnon of apph~ces whch have commed e~er potyc~o~med b~phenyls ¢CB's) or c~orofluoroc~bons (CFC's), ff the customer prowdes a cen~ficae of docmentaUon from ~ approved business quahfied to remove these products mdmatmg · at ~e PCB's ~or CFC's Mve been properly removed for ~sposal For apph~ces 5 2 winch contasn PCB's and/or CFC's for winch no approved removal documentation ~s provided, there w~ll be a $50 00 char~ge per apphance Up to four bulky ~tems w~ll be picked up dunng the regular res~dentml collection route at no charge For each addmonal bulky item over four ~tems there w~ll be a $5 00 charge A service deposit ~n the rnmmaum amount of $32 00 wall be charged for basic remdentml sohd waste servlce 6 3 SCHEDULE SWC COMMRR CTAT, ANT3 TN~TTTT FI'T(')NA T, ,~OT ,IT) WA STR COT J ,ECTTON ~'5'.R VICE (Effective I0/01/00) AppT .TCATTON Apphcable for all commermal or mst~tutmnal sohd waste collection service MONTT4T,¥ R ATE A DUMPSTERS (Regular Service) 1 2 YARD DUMPSTER (Emstlng 2 Yard customers only)** Number of Times Cubic Yards Cubm Yards Rate Per Cnllented Per Week Per Week Per Month 30 Da? 1 2 8 $ 43 40 2 4 16 83 46 3 6 24 125 13 4 8 32 166 92 5 10 40 208 59 6 12 48 250 32 2 3 YARD DUMPSTER Number of Tnnes Cubic Yards Cubic Yards Rate Per Collected Per Week Per Week Per Month 30 1 3 12 $ 46 17 2 6 24 88 54 3 9 27 132 8I 4 12 48 177 08 5 15 60 221 35 6 18 72 265 62 7 4 3 4 YARD DUMPSTER Number of Tnues Cubic Yards Cubic Yards Rate Per Cnlleeted Per Week Per Week Per Mnnth_ 30 1 4 16 $ 53 82 2 8 32 103 29 3 12 48 154 88 4 16 64 206 47 5 20 80 258 23 6 24 96 309 76 4 6 YARD DUM?STER Number of Times Cubic Yards Cubic Yards Rate Per Cnlleeted Per Week' Per Week Per Mnnth 1 6 24 $ 69 13 2 12 48 132 80 3 18 72 199 26 4 24 96 265 66 5 30 120 332 06 6 36 144 398 52 5 8 YARD DUMPSTER Number of Tmaes Cubic Yards Cubic Yards Rate Per Colleemd Per Week Per Week Per Manth 30 1 8 32 $ 83 74 2 16 64 160 87 3 24 96 241 30 4 32 128 321 67 5 40 160 402 10 6 48 196 482 54 **The 2 yard dumpster sermce is only avmlable to ex~stmg 2 yard dumpster customers as of September 30, 1997 New 2 yard dumpster service will not be offered to any customer Exmtmg customers receiving 2 yard dumpster service that d~scontmue 2 yard serrate may not reinstate 2 yard dumpster service 5 B DUMPSTER SERVICE (Temporary) Type of Rent Cnntamer Per ~0 Da? Servme Charge 3 cubic yard dumpster $11 30 $44 30 per pickup 4 cubic yard dumpster 14 90 55 95 per pickup 6 ctlblc yard dumpster 19 75 74 15 per pickup 8 cubic yard dumpster 23 10 85 05 per pickup C DUMPSTER SERVICE (Refill and Extra P~ckup) Type of Cnntamer Servme Charge 2 cubic yard dumpster $20 90 per pickup 3 cubm yard dumpster 26 15 per p~ckup 4 cubm yard dumpster 35 00 per pickup 6 cubm yard dumpster 47 45 per pickup 8 cubm yard dumpster 59 45 per pmkup D 6 CY COMPACTOR NumberofTanes CubmYards CubmYards RatePer Cnltented Per Week Per Week Per Mnnth 30 Day~ 1 21 91 $212 95 2 42 182 425 90 3 63 273 638 86 E OPEN-TOP CONTAINERS Type of Rent Container Per 311 Days Service Charge 15 cubm yard open top $63 60 $159 30 per pickup 20 cubm yard open top 77 25 207 70 per pmkup 30 cubm yard open top 88 90 265 75 per pmkup 40 cubm yard open top 100 00 344 00 per pmkup E COMPACTORS Type of Rent Contmnnr Per ~0 Da? Servme Charge 20 cubic yard compactor $190 80 $184 00 per pickup 30 cubic yard compactor 283 20 238 05 per pickup 35 euinc yard compactor 321 55 267 05 per pickup 42 cubic yard compactor 368 40 302 45 per pickup BA.qR IVFTI'qTMT TM COM1VI~,,R CTAT. CT-TARGF, A base rmmmum commercial customer charge of $22 50 per 30 days will be charged to all commercial and institutional solid waste customers SHAitRD COMM'~RCIAI, CONTAINS, RS Shared commercial contmners will be hnuted on a cubm yardage basis to a mLmmum of 1 cubic yard per customer The maxLmum number of customers w,th shared accounts per dumpster size m as stated Dnm?t~r ~q~r~ Maximum Number ofCn~tnmo, m 2 CY 2 3 CY 3 4 CY 4 6 CY 6 8 CY 8 SPRCTAT, WA~TF, Charge, Disposal of"Special Waste" as $65 50 ton defined by the State of Texas Mummpal Solid Waste Management Regulalaons Acceptance of special waste ~s subject to Federal and State laws and regulaUons, and the City has the right to refuse to accept waste st m CT4A'~ cm (,qWC) An ad&tlonal 3 5% charge will be assessed for each 30 day penod (excluding rental charge) to compensate for the State of Texas surcharge for solid waste received at landfills The City staff iS hereby authonzed to rermt such charge to the State, and should the State Legislature increase tins fee, such increase is hereby authorized to be charged and collected 7 OTI-rRR COMMRRCTAT, CI-t'ARGES A dehvery fee of $45 00 per container wall be charged to all customers for roll-off containers A dehvery fee of $30 00 per contmner wall be charged to all customers for Dumpster servme A charge for inaccessible and unserviceable contmners wall be assessed The charge wall be $45 00 for roll-offcontamers, and $30 00 for dumpsters, per each attempted collectmn A relocation fee of $30 00 wall be charged for each Open-Top or Compactor container that ~s relocated at the customer's sate(s) A $50 00 fee wall be charged for each request for same day pickup service for Open-Top and Compactor customers who receave pmkup service upon demand The Solid Waste Department must receave notfficat~on of such requests prior to 10 00 AM, m order to provide same-day p~ck-up servme A $112 00 fee wall be charged for contamer lock ~nstallatlons provided by the City of Denton A $70 00 fee wall be charged for contmner lock removal A charge of $300 00 per each collection wall be assessed to all Open-Top customers who have Open-Top contamers whose waste weighs m excess ofmne tons A deposat on Open-Tops and Temporary Dumpsters wall be charged based upon one-s~xth (1/6) of the estnnated annual billing amount or servme contract A rmmmum of once per week p~ckup service as reqmred for putreslble (food) waste containers Up to eaght bulky atems wall be pinked up free of charge on the 1st Thursday bulky atem pmkup of each month, if the customer calls the sohd waste department at least 48 hours m advance of the scheduled collectaon t~me Bulky Items shall not be placed near or adjacent to contmners prior to 48 hours before the scheduled 1~ Thursday bulky item pickup A servace fee of $35 shall be charged, together wath an adchtlonal fee of $10 per bulky Item, for each bulky atem m excess of eaght bulky atems placed near or adjacent to containers prior to 48 hours before each 1 ~ Thursday bulky ~tem packup There are no charges for the collectmn of appliances wluch do not contmn eather polychlormated baphenyls (PCB's) or ch/orofluorocarbons (CFC's) These ~tems are considered bulky atems There are no charges for the collectmn of appliances wtuch have contained eather polychlonnated baphenyls (PCB's) or chlorofluorocarbons (CFC's), ~f the customer prowdes a certificate of documentation from an approved busmess qualified to remove these products mchcatmg that the PCB's and/or CFC's have been properly removed for chsposal For apphances wluch contain PCB's and/or CFC's for which no approved removal documentatmn ~s provaded, there will be a $50 00 charge per appliance Bulky items and appliances may be dehvered by Denton Solid Waste customers to the landfill for chsposal at no charge, except for those appliances or other atems containing PCB's and/or CFC's 8 SCHEDULE SWL S A'NtTT A'R ¥ T .AN~F)~'TT J, t ~'~ (EffecUve 10/01/00) APPT JC A TTIDN Applmable to md~vxduals and commercial entlt~es that use the C~ty's samtary landfill s~te, w~th sohd waste originating mslde the c~ty hm,ts of Denton, Texas Customers brmgmg mixed loads of sohd waste, trash, bulky items, appliances, or other rubbish to the landfill will be charged at the landfill rate RATES AND CI-IARGRS A C~ty of Denton Users $32 50 / TON APPT .TC A TIONT Apphcable to individuals and commermal ent~t~es who are not residents of the C~ty of Denton, or to any customer wtth solid waste that does not ongxnate ms,de the city hrmts of Denton, Texas B Outside the C~ty of Denton Users $37 50 / TON C OUTSIDE THE CITY SOLID WASTE CONTRACT HAULERS The C~ty Manager may enter mto contracts w~th outside the C~ty of Denton sohd waste haulers for regular use of the Denton samtary landfill s~te at various negotiable rates benefimal to the citizens of Denton Ail such contracts may contain cond~ttons of operation, d~sposal, and delivery as the C,ty Manager or Ins designee shall detemune necessary for the efficient operatmn of the Denton landfill site and the method ofblllmg and collect~on for such use D TIRE CHARGES Charge Per 1 Automobile m'es not shredded, $ 5 00 quartered or halved 2 Track trres not shredded, $ 7 00 quartered or halved 12 E SPECIAL WASTE Charge Disposal of "Special Waste" as $65 50 ton defined by the State of Texas Mummpal Solid Waste Management Regulatmns Acceptance ofspemal waste ls subject to Federal and State laws and regulaUons, and the City has the right to refuse to accept waste F RECYCLED ASPHALT / CONCRETE $7 50 ton No 3 5% surcharge reqmred G APPLIANCES There are no charges for the eolleeUon of apphanees winch do not contain either polychlormated blphenyls (PCB's) or chlorofluorocarbons (CFC's) There are no charges for the collectaon of appliances winch have contained either polychlonnated baphenyls (PCB's) or chlorofluoroearbons (CFC's), if the customer provides a certificate of documentatmn from an approved business qualified to remove these products lndlcaUng that the PCB's and/or CFC's have been properly removed for disposal For appliances winch contain PCB's and/or CFC's for winch no approved removal documentatton is provided, there will be a $50 00 charge per apphance H UNSECURED LOADS Charge Per l,nad Apphes to solid waste loads that $12 00 are not secured with a tarpaulin or other equipment that prevents mater~al fi'om spilling along and wlthnt the right-of-way ofpubhc access roads serving landfill site ,qT m C,~AR GF~ (,qWT,) An adchtlonal 3 5% charge will be assessed on all service to the landfill to compensate for the State of Texas surcharge for all solid waste received at landfills The Ctty staff is hereby authonzed to renut such charge to the State, and should the State Legislature increase tins fee, such increase m hereby authorized to be charged and collected 13 lO LI~VF[TAT¥ON,q Landfill penmts issued by the City of Denton prior to the effective date of tins ordinance may be redeemed for their face value The customer must pay the difference between the current rate and the face value of the permit The customer is not entltled to a refund ~fthe face value of the permit exceeds the current rate 14 11 SECTION' 2 That the D~rector of the Sohd Waste Department of the C~ty of Denton ,s authorized to deny the use of the C~ty of Denton landfill to customers for prov,dlng false reformation regarding the residency of the m&mdual or the ongm of the sohd waste SF, CTIf)N q That ~t ~s m the pubhc mterest that the prowmons of Sections 26-3, 26-4, 26- 5, 26-7, 26-8(a), and 26-9 ofArtmle I of Chapter 26 of the C~ty of Denton Code of Ordmances shall expressly apply to C~ty of Denton Sohd Waste service SECTION 4. That all ordinances or parts of orthnances m force when the prowsmns of t/us ordinance became effective winch are mconsmtent, or m conflmt wath the terms or provisions contained m tins ordinance are hereby repealed to the extent of any such conflmt SF, CTION S. That if any section, subsection, paragraph, sentence, clause, phrase, or word m tins ordinance, or the apphcatmn thereof to any person or under any czrcumstances ~s held ~nvahd by any court of competent junsdmtlon, such holding shall not affect the vahdlty of the remmnmg portmns of ti'ns ordinance, and the C~ty Council of the City of Denton, Texas, hereby declares ~t would have enacted such remmmng pomons despite any such invalidity SF. CTIC}N 6. That tins ordmance shall become effective, charged, and apphed to all solid waste servmes rendered on and after October 1, 2000, and a copy of smd rates, fees, and charges shall be mmntamed on file m the Office of the C~ty Secretary PASSED AND APPROVED tins the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 15 12 Aoenda Item__. AGENDA ~FO~ATION SHEET AGENDA DA~' September 5, 2000 DEPAR~ENT. Ele~nc ACM. Hewed M~n, 349-8232 ~ SUB.CT ~ O~CE OF ~ C~Y OF DE~ON, ~XAS ~G T~ SC~D~E OF ~S CO~D ~ O~CE NO 99-297 FOR ELECT~C SER~CE, PROLOG FOR A ~PE~ER. PROLOG FOR A SE~ITY CLAUSE, ~ PROLOG FOR ~ EFFECTI~ DATE BA~GROUND Electric utility rates have been revmwed ~d approved by the ~bhe Utfl~tms Bo~d ~d are reeo~ended to the C~ty Council for approval For fisc~ ye~ 2001, base electric rates ~e reeomended to remain unchanged ~om fisc~ ye~ 2000 rates The ~er~ cost adjustmem ~CA) rate will be decreased ~om $0 0253 per K~ to $0 025 p~ K~ for the first queer of FY 2001 emoa aCTIO / The ~bhe Utflmes Board vot~ ~mously for approval of the electric utility rates at their Au~st 21, 2000 meeting, (6-0) FISCAL ~FO~TION F~scal y~ 2001 ele~nc utility rates provide the revenues to suppoa electric se~ce to Denton customers Respect~lly submitted ~on ays ~-- D~reetor of Electric Utilities Exhibit I FY 2001 Electric Utthty Rate Ordinance ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO 99-297 FOR ELECTRIC SERVICE, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SF, CT!ON I That the Schedule of Rates for electrical services as provided for m Chapter 26 of the C~ty of Denton Code of Ordinances, ~s amended to read as follows ELECTRIC RATE SCHEDULES PAGE R1 Res~dentml Service Rate 2 R2 Residentml Service Rate 4 TR Res~dentml Tmae of Use Rate 6 GSL General Service Large 8 GSS General Servace Small 11 TGS General Sermce Tmae of Use Rate 14 WK Weekend Rate 18 G1 Local Government Llghttng& Power Service Rate 21 [City, County, Independent School D~smct] LS Street L~ghtmg 23 LT Traffic L~ghtmg 25 LO Other L~ghtmg 26 DD Dusk-to-Dawn L~ghtang [Security Light] 27 DDL Downtown Decorative L~ghtmg 29 DGL Decoratave Ground L~ghtmg 30 T1 Temporary Servme Schedule 32 P1 Imermptuble Primary Servme 34 ES Standby, Supplementary and Maintenance Service 36 AF Athletic Field 40 IDR Industnal Development Rate 42 EP EnergySave Program 43 MTR Pre-mum-Efficiency Motor Rebate 49 UPS Uninterruptible Power Supply 51 ECA Energy Cost Adjustment 53 Special Facihtaes Rader 54 DIscount Rader for State Umversmes and Colleges 55 SCHEDULE R1 R~ll~I',,rrTAL ~I~R~CR R ATE (Effective 10/01/00) AppT,TOATTC)N ApplIcable to all electric service used for resldentlal purposes m a stngle family dwelling or an md~wdually metered apartment, supphed at one point of dehvery and measured through one meter where usage ~s not m excess of 700 KWH per 30-day month during the billing months of May through October If usage m any such month exceeds 700 KWH, Inllmg will be rendered that month under Rate Schedule R2 and thereafter for a period extending through the 12 billing months of the next year ending wuth the October billing Annually, m November, the customer may again quahfy for the R1 rate prowded that consumptton has not exceeded 700 KWH per 30-day month dunng the prevuous mx summer months Where mchv~dual dwelhng umts are being served through the same meter and the KWH tn the billing months of May through October exceed 700 KWH t~mes the number of dwelling umts, the bflhng for that month and thereafter wall be rendered under Rate Schedule R2 N~,T MONITIq-I ,y RATE (1) Famhty Charge $6 70 / 30 days (2) Energy Charge 3 85¢ / KWH (3) Energy Cost AdJustment Scheduie ECA MINrMI IM gll J ,lNG Famhty Charge TYPF, OF ~qRRVICE The City will supply stogie-phase serrate at any standard voltages avmlable from the C~ty's distribution system through one standard tmnsformmon PAY~mNT Bills are due when rendered, and become past due ffnot prod w~thm 15 calendar days fi'om date of issuance ~PRCTIAT, I~A(21T ,TTFR, g All servtces winch requtre specml famht~es tn order to meet customer's sermce reqmrements shall be provided subject to the Specml Facfl,t~es Pdder PAGE 2 PR OR A TTON OF T ]'TH JTY Fill ,T ,R Bfllmg for the Facthty charge shall be based on 12 bflhngs annually and prorated for longer or shorter bfihng periods using the following formula Formula Actlml dnwq m red, dmz- nennd ~ ~ - x Customer Facthty Charge 30 days Bflhng for the energy charge shall be based on actual KWH consumptmn dunng the bfihng period Formula KWH x KWH rate FN-RRG¥ CONT AD.II ISTM~,NT A charge per KWH of energy taken for fuel cost calculated m accordance w~th Schedule ECA PAGE 3 SCHEDULE R2 RF~,~TDI~,NtTTAT, ,~F,R VTCF, RATR (Effective 10/01/00) APPT ,TCATTON Applicable to any customer for all electric service used for resldent~al purposes m an mdtvldual pnvate dwelhng or an Individually metered apartment, supplied at one point of dehvery and measured through one meter Also apphcable to any customer heating w~th electnc energy, resistance or heat pump Not apphcable to resale service ~n any event, nor to temporary, standby, or supplementary service except in conjunctton with the apphcable rider N~,T Mi3NTI41' ,y R ATIR WINTER ,qI IMMRR Bflhng months of Billing months of NOV through APRIL MAY through OCT (1) Faclhty Charge Single-Phase $ 7 73 / 30 days $ 7 73 / 30 days Three-Phase $15 45 / 30 days $15 45 / 30 days (2) Energy Charge F~rst 1,000 KWH 4 34¢ / KWH Addmonal KWH 3 94¢ / KWH F~rst 3,000 KWH 5 61¢ / KWH Add~tlonal KWH 6 21 ¢ / KWH (3) Energy Cost AdJustment Schedule ECA Schedule ECA MtN-[MI ~M R ~ J ,lNG Stogie-Phase Fatality Charge Three-Phase Faclhty Charge PAGE 4 TYP~ O~ SRRVTCE The C~ty will supply single-phase service (or three-phase service if avadable at the point of dehve~y) at mxty (60) cycles and at any standard voltages available fi.om the City's distribution system through one standard transformation Where service of the type desu:ed by the customer m not already available at the point of serwce, special contract arrangements between the C~ty and the customer may be reqmred m advance PAYMENT Bills are due when rendered, and become past due if not pard w~ttnn 15 calendar days fi.om date o£1ssuance RpRC~TAT, FACFf .TTIES All servmes wtuch requu:e specml fuclhtles in order to meet customer's service requirements shall be provided subject to the special facilities rider pl~ol~ ATION' OF I ITII ,ITY RII,T Bdlmg for the Facility charge shall be based on I2 bdlmgs annually and prorated for longer or shorter billing periods using the following formula Formula Actual daw m readmt~ penr~d x Customer Facility Charge 30 days Bdlmg for the energy charge shall be based on actual KWH consumption during the bdlmg penod Formula KWH m rate block x Rate per KW'H m rate block RNRR G¥ CID,qT AD.II I~qTMRNT A charge per KWH of energy taken for fuel cost calculated m accordance with Schedule ECA PAGE5 SCHEDULE TR R'R,~TDF, NTTAT, T'FM~. OF TT~. RATF, (Effective 10/01/00) APPT,IC A TTON Applicable to any customer for all electnc service used for residential purposes m an mchvldual private dwelhng or an lndlwdually metered apartment, supphed at one point of dehvery and measured through one meter Customers applymg for the TR rate must remain on th~s rate for twelve (12) continuous billing periods Not applicable to resale senace in any event, nor to temporary, standby, or supplementary service except m conjunction with the apphcable rider NF[~T M(")]qT~T~,¥ RAT]~ (I) Fa¢lhty Charge Single-Phase $15 45 / 30 days Three-Phase $20 60 / 30 days (2) Energy Charge On-Peak Hours 25 55¢ / KWH Off-Peak Hours 1 41¢ / KWH (3) Energy Cost Adjustment Schedule ECA M~ rM BII,T ,lNG Faclhty Charge T~,rPR OF RRRVICR Single-phase or three-phase at sixty (60) cycles at secondary distribution voltage Where service of th~ type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may first be reqtttred DF, FINTTTCIN Cig ON-pF,,AK T-TCII FR g The City's on-peak hours, for the purpose of t!us rate schedule, are designated as being from 2 00 P M to 7 00 P M each Monday through Fnday, starting on June 1 and continuing through September 30 each year The City's on-peak hours may be changed from me to tune and the customer will be not~fied twelve (12) months before such changes become effective PAGE 6 DF~F1NI'TTC)N OF C)FF-PRAK l-lOl ~ S The City's off-peak hours, for the purpose of th~s rate schedule, shall be all hours not designated as on-peak hours .qP~CTAI. FACTT.TTTES All sermces wluch require special facilities m order to meet customer's service reqmrements shall be provided subject to the Special Facthtles Rtder PR OR ATTI3lx/OF I ITII .TT¥ glTT .T .~ Blllmg for the Facd~ty Charge shall be based on 12 bllhngs annually and prorated for longer or shorter periods using the following formula Actual fla? m readmc, per~nd - x Customer Facility Charge 30 days F.N-~R G¥ CglAR C,~ Bllhng for the energy charge shall be based on actual KWH consumptmn dunng the bdhng period Formula KWH m rate block x Rate per KWH m rate block F~NTI~.RG¥ C{3ET AD.II ISTMI~.NIT A charge per KWH of energy taken for fuel cost calculated in accordance w~th Schedule ECA Bills are due when rendered, and become past due ~f not prod w~thm 15 calendar days fi.om date of ~ssuance PAGE 7 SCHEDULE GSL GF.'r,,TFR AT, ,q~RVTCF T ,AR GF, (EffectIve 10/01/00) APPl JC A TTON The GSL Rate ~s apphcable to any commem~al or industrial customer having a minimum actual demand of 250 KVA or 225 KW for all electric service supplied at one pomt of dehvery and measured through one meter Customers with an average actual demand equal to or greater than 200 KVA or 180 KW during the previous twelve month period may be allowed service under tins rate, subject to the mnnmum bdlmg pmvismn Customers other than commercial and industrial may be allowed servme under tins rate, subject to the mlmmum bdhng provlsmn Customers who elect to dmcontmue service under tlus rate are mehg~ble for service under tins rate for twelve months Tlus rate ~s not apphcable to resale servme in any event, nor to temporary, standby, or supplementary servme except m conjunctmn w~th the apphcable rider NFT MIDNTIq]' ,¥ R ATE (1) Famhty Charge $60 60 / 30 days (2) Demand Charge $ 8 64 / KVA (MLmmum of 250 KVA inlled) (3) Energy Charge (GL1) 1 41¢ / KWH (4) Energy Cost AdJustment Schedule ECA MTNTMT 7M RTT ,T .TNG An amount equal to the fatality charge, plus a demand charge billed at the above KVA rate, where demand ~s determined by wluchever of the following methods yields the greatest result numencally (1) the actual monthly KVA demand, (2) 250 KVA, or (3) seventy percent (70%) of the maxnuum monthly KW/KVA actual demand for any month during the prewous bdlmg months of May through October m the twelve months ending with the current month Secondary or primary servme avmlable to commermal and mdustnal customers Prunary service xs rendered at one pomt on the customer's premises at a nominal voltage of 13,200 volts PAGE 8 PRTMAR¥ ~lq, R ~,~q~Ol~, D[~C~T TK~r Customers who own, operate, and mmntmn all faclhtles necessary to receive three phase primary voltage service and all transformation faclht~es reqmred for conversmn to ut~hzatlon voltage shall receive a discount of 0 3C/KWH (GL3) Pnmary service customers ut~hzmg City owned and, operated facility and transformation equipment necessary to receive primary voltage service shall receive a chscount of 0 lC/KWH (GL2) The C~ty shall own, operate and matntam all metering famht~es, e~ther at pnmary or secondary voltage PAYMENT BOls are due when rendered, and become past due ~fnot prod watlun 15 calendar days from date of msuance D~TI~RMITI~ATTONT OF DF. MANrD The demand shall be determined by the KVA supplied dunng the 15-minute period of maxkmum use dunng the current month as determined by City's demand meter, but shall not be less than 70% of the tughest monthly KW/KVA actual demand determined during the b~llmg months of May through October m the 12 months ~mmedmtely preceding the current month If the current monthly demand is less than 250 KVA, and 70% of the actual demand determined dunng the previous months of May through October ~s less than e~ther 250 KVA or 225 KW, a mLmmum of 250 KVA demand wall be bdled for the month In all cases, 250 KVA ~s the mnumum demand b~llable under rate GSL SPF, C,!AI, FA(lIT .ITII~,S All sermces wluch reqmre special faclhtzes m order to meet customer's servme reqmremanta shall be provided subject to the Specml Fac~lmes Pdder PROR ATTO< OF I FI'IT,TT¥ FllT,]-,,q (a) Bllhng for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing penods using the following formula Formula Ann]al da? m readmE perlod x Customer Faclhty Charge 30 days PAGE 9 (b) Bflhng for demand shall be calculated on a 30 day per month basra and prorated for longer or shorter bllhng periods using the folIow~ng formula Formula Aa'hml daw in reaclm~ nennd ....... ' - - x r~v,~ ~emano x Rate 30 days F, NI~,R Gy C, YIAR Gl? Bflhng for the energy charge shall be based on actual KWH consurnptmn during the billing period Formula KWH x KWH Rate ENI~,RC,¥ CO,qT AD~I T,qTMF, NT A charge per KWH of energy taken for fuel cost calculated ,n accordance w~th Schedule ECA PAGE 10 SCHEDULE GSS CtF, I'q~R AL ~I~RVTCR sMAt (Effectave 10/01/00) APPT,TC A TTON The GSS rate ~s apphcable to any commercml or ~ndustnal customer hawng a maxmaum demand less than 225 KW for all electric servme supplied at one point of delivery and measured through one meter Not applicable to resale servme ~n any event, nor to temporary, standby, or supplementary servme except in conjuncUon w~th the apphcable rider NF, T MONTI-II .¥ R ATR (1) Famhty Charge Smgle Phase $15 15 / 30 days Three Phase $20 20 / 30 days (2) Demand Charge $ 8 00 / KW (First 20 KW not Billed) (3) Energy Charge (GS 1) Customer with 20 KW or below Block 1 - Fa:st 2,500 KWH 6 75¢ / KWH Block 2 - All Addltmnal KWH 3 00¢ / KWH Customer above 20 KW Block 1 - Fn:st 2,500 KWH 6 75¢ / KWH Block 2 - Next 3,500 + B2T* KWH 3 00¢ / KWH Block 3 - All Additional KWH 2 65¢ / KWH * The Block 2 Threshold (B2T) estabhshes the upper threshold for the Block 2 bfilmg rate above 6,000 KWH as a function of demand, and ~s determmed by the following formula B2T KWH = [(Actual KW Demand - 20) x 190] No customer shall be billed for KWH not actually consumed (4) Energy Cost Adjustment Current ECA Schedule PAGE 11 An amount equal to the facility charge plus the ~'eater of (1) the actual monthly KW demand charge, or (2) seventy percent (70%) of the maxunum monthly actual demand charge for any month during the previous bdlmg months of May through October m the twelve months ending w~th the current month TYPE OF SI~RV[CE Secondary service avmlable to commercml and industrial customers The City will supply single-phase servme (or three-phase service if avmlable at the point of delivery) at sixty (60) cycles and at any standard voltages avmlable from the City's (hstnbutmn system through one standard transformatton Where service of the type desired by the customer is not already avmlable at the point of servme, special contract arrangements between the City and the customer may first be reqmred PRIMARY RI~RVTC, F, DTRt~O[ MT Customers who own, operate, and mamtmn all facilities necessary to receive three-phase primary voltage service and all transformation faclht~es reqmred for conversion to ut~hzatlon voltage shall receive a chscount of 0 3C/KWH (GS3) Primary service customers utihzmg City owned and operated famhty and transformation eqmpment necessary to receive primary voltage service shall receive a discount of 0 1 C/KWH (GS2) The City shall own, operate and mmntain all metenng facthtms, either at primary or secondary voltage PAYMENT Balls are due when rendered, and become past due ffnot paid w~thm 15 calendar days from date of ~ssuance DETI~'.R MINATT(1N OF DgZ. MAND The demand shall be determined by the KW supplied during the 15-minute period of maxanum use during the current month as determmed by City's demand meter, but shall not be less than 70% of the lughest monthly actual demand determmed dunng the billing months of May through October m the 12 months nnmechately preceding the current month Billmg demand shall be based on an adjusted KW demand wl,ach ~s the baghest of the actual monthly demand, less 20 KW or 70% of the mararnum monthly actual demand dunng the preceding months of May through October, less 20 KW In no case, shall billed demand be less than 0 KW In cases where the connected load ~s constant, the C~ty may, at Its option, estimate the KW demand For neon signs, one volt ampere shall be considered the eqmvalent of 3/4 watt PAGE 12 SpF, C~TAI-, I~' A C~TT ,TTIF,,.q All semites whch reqmre special faclllBes m order to meet customer's so,me reqmrements shall be prowded subject to ~e Spemal Famhtles ~der PROR ATTO~ ~F T ~TT ,T~ B~ .T.g (a) B~l~g for ~e Fac~l~ ch~ge shall be based on 12 b~llmgs ~ually ~d prorated for longer or sho~er pemods using ~e following fo~ula Fotura Ae~ml da? m re~dm~ pennd x Customer Fac~h~ Ch~ge 30 days (b) B~llmg for dem~d shall be c~culated on a 30 day per month b~s ~d prorated for longer or sho~er b~llmg penods using ~e following fo~ula Fomula Aem~l days m re~dtng pennd x AdJusted KW Dem~d x ~te 30 days B~Ihng for ~e ener~ ch~ge shall be b~ed on acm~ K~ consmptmn d~g the bilhng period Fo~ula K~ m rote block x Rate per K~ m rate block A ch~ge per K~ of energy t~ for hel cost calc~ated m accordmce w~ Schedule ECA PAGE 13 SCHEDULE TGS Ct~NF.R A T, ~ql~.R VTC,~, TT~VFF. OF T ~'~'~ R A T~ (Ef£ecttve 10/01/00) APpT ,TCATTON Appheable to any customer having a mn'nmum demand of 250 KVA for all electric service supphed at one pmnt of dehvery and measured through one meter, w~th the Cxty providing all famlmes necessary to receive pnmary voltage service Supplementary service w~I1 be avadable subject to the apphcable rider Not apphcable to resale or temporary service Customers electmg tins rate must remain on tins rate for a mmtrnum of twelve (12) continuous Inlhng months NF, T MONTY--I-[ ,y R ATF, (I) Facthty Charge $70 70 / 30 days (2) On-Peak Demand Charge $10 98 / KVA On-Peak Demand (3) Off-Peak (System) Demand $ 2 16 / KVA System Demand Charge (4) Energy Charge 0 51 ¢ / KWH (5) Energy Cost AdJustment Per Schedule ECA MTNTMT TM I~TT ,T The mnumum monthly bill shall be the sum of the Customer Facthty Charge, the Off-Peak Demand Charge, and the On-Peak Demand Charge The October through May demand charge shall be the measured system demand, plus not less than 100% of the actual maxunum monthly peak demand for any month dunng the months of June through September in the twelve (12) months ~mmechately preceding the current month TVP~, C)F gRRVICE Secondary or primary servme avmlable to commercml and ~ndustnal customers Primary service ~s rendered at one point on the customer's prennses at a nominal voltage of 13,200 volts The City w~ll supply single-phase servme (or three-phase sennce ~f avatlable at the point of dehvery) at s~xty (60) cycles and at any standard voltages avadable from the City's chstnbut~on system through one standard transformatton Where service of the type desired by the customer ~s not akeady avmlable at the point of servme, specml contract arrangements between the C~ty and the customer may be reqmred PAGE 14 PRTM'AR¥ ~q'F[RVTC,~ DT,~C, OT INT voltage sh~l receive a &sco~t of 0 3¢~ (TG5 ~d TO6) If p~ se~me ~s prowded ~d the C~ ores ~d operates all fac~lmes md ~fo~at~on eqmpment necess~ to receive pnm~ voltage se~ce, a d~scount of 0 1¢~ will be apphed to the customer's bflI (TG3 ~d TG4) The C~ shall o~, operate ~d mmntm all mete~g fac~ht~es, e~ther at pmm~ or second~ voltage, m ~e C~W's optmn D~T~N O~ ~N-PR A K ~T ~ S The C~'s on-pe~ ho~s, for ~e p~ose of tbs rate schedule, ~e desolated ~ bmng ~om 2 00 P M to 7 00 P M each Monday ~ou~ Friday, for the momhs of J~e t~ough September The C~'s on-pe~ ho~s may be ch~ged ~om t~me to t~me ~d ~e customer wdl be notffied ~elve (12) monks before such c~ges become effective D~F~TTON O~ OFF-PF, A[ HOT ~ S The C~'s system (off-pc&) ho~s, for ~e p~ose of tbs rate schedule, shall be all ho~s not desolated ~ on-pe~ ho~s DETERM~ATION OF ON-P~A~ D~MA~ ~e on-pc& dem~d sMll be detained by the KVA actual dem~d supphed dmng the fiaeen (15) mnute pmod of m~lmm use each month dmng on-pc& ho~s as recorded by the C~'s demmd meter, but not less thru one h~ed percent (100%) of the actual m~mm on-pc& dem~d s~ml~ly detained d~g the b~llmg mon&s of June t~ough September xn ~e ~eNe (12) monks ~edmtely prece&ng ~e c~ent mon~ DRTRR~ATTON OF OFF-P~A[ (SYSTEM) The off-pc& dem~d shM1 be detem~ned by &e m~m KVA actual dem~d supphed dmng ~e fiaeen (15) mnute period of m~mm use d~g off-pe~ ho~s e~h mon~ as recorded by ~e C~'s dem~d meter The off-pc& dem~d will be balled eveu month DET~R~ATTON O~ DEMA~ RH,T,~G FOR CIISTO~,R~ ~TH NO PEA~ DF, MA~ ~STORY D[ ~G O~-P~AK MONTHR If ~e customer zs new or does not Mve a hstoU of on-pe~ use for J~e ~ough September, ~d elects to come on ~e TGS rate, ~e customer's b~lled dem~d sh~l be ~e off-pe~ dem~d bdled at the GSL dem~d rate ~e off-pe~ dm~d wl~ be billed eve~ month at ~e GSL rate ~tfl ~e customer estabhshes a s~me on-pe~ ~d off-pe~ dem~d d~g ~ on-pe~ mon~ At ~s time, bo~ on-pe~ ~d off-pe~ demmd wl~ ~en be~ billing at ~e TGS rme PAGE 15 ST 7pPT 3~,IVFRNTAT. pOVv~.'R RTDI~,R Customers requesting standby or supplementary power shall be allowed service under tins rate schedule, however, the determination of off-peak demand shall be adjusted to read The off-peak demand shall be the stun of the maxnuum KVA demand supplied dunng the fifteen (15) nunute period of maxanum tree as recorded by the City's demand meter plus the KVA nameplate rating(s) of the customer's generator(s) In the event the customer's generator(s) is/are off~hne at the time of the estabhshment of the maximum off-peak demand, the KVA nameplate rating of the generator(s) unavmlable for service shall be removed from the detenmnatlon of the off-peak demand Rpl~,CTAT, I~'A CTT ,TTTF,,q All serrates winch reqmre special famht~es in order to meet the customer's service reqmrements shall be provided subject to the Special Facllltms Pdder PROR ATTON OF l ITII ,TT¥ BY[ ,T (a) Billing for the Facility Charge shall be based on 12 bdhngs annually and prorated for longer or shorter periods using the following formula Actual days m readm~ period x Customer Facility Charge 30 days (b) Billing for demand shall be calculated on a 30-day-per- month barns and prorated for longer or shorter b~llmg periods using the following formula Ac, real clays m reading penad x KVA Balled Demand x Rate 30 days ENTIR, R G¥ CT-I AR C,1R B~llmg for the energy charge shall be based on actual KWH consumption dunng the bdhng penod Formula KWH x KWH Rate PAGE 16 F,N~RI~ G¥ CO.qT AF) II IETM~,NT A charge per KWH of energy taken for fuel cost calculated m accordance with Schedule BCA PAYX4~,NIT Bills are due when rendered, and become past due ffnot prod within 15 calendar days fi.om date of tssuance PAGE 17 SCHEDULE WK 1)[rIRR'K ~NTI RATI~ (EFFECTIVE 10/01/00) APPT Jr2 ATTON Apphcable to any commercml and industrial user whose maximum demand load occurs dunng the period fi:om Thursday at 12 rmdmght through Sunday at 12 rmdmght and does not expencnce a demand load dunng the period from Sunday 12 nmdmght through Thursday 12 m~dmght that exceeds 80% of the maxmaum demand load Customers who wolate the 80% reqmrement more than four trines dunng the month, or more than twine on the same day of the week, during the months of June through September, are mehg~ble for service under tins rate for twelve (12) months Not apphcable to resale servme m any event, nor to temporary, standby or supplementary servme except m conjunction wtth apphcable rider NET MONTHI.¥ R ATR (1) Famhty Charge Single-Phase $20 00 / 30 days Three-Phase $25 00 / 30 days (2) Demand Charge $ 6 40 / KW (F~rst 20 KW not B~tled) (3) Energy Charge (GS1) Customer w~th 20 KW or below Block 1 - F~rst 2,500 KWH 6 75¢ / KWH Block 2 - All Addmonal KWH 3 00¢ / KWH Customer above 20 KW Block 1 - F~rst 2,500 KWH 6 75¢ / KWH Block 2 - Next 3,500 + B2T' KWH 3 00¢ / KWH Block 3 - All Add~tmnal KWH 2 65¢ / KWH * The Block 2 Threshold (B2T) estabhshes the upper threshold for the Block 2 billing rate above 6,000 KWH as a function of demand, and ~s deterrmned by the following formula B2T KWH -- [(Actual KW Demand - 20) x 190] No customer shall be billed for KWH not actually consumed (4) Energy Cost AdJustment Per Schedule ECA PAGE 18 ]VITNTMT ~ RTT ,T An amount equal to the demand charge as calculated below plus $20 00/month for single phase servme or $25 00/month for three-phase service, per 30 day bdlmg T~R o1~ g~RVICE The C~ty will supply s~ngle-phase service (or three-phase service ~f available at the point of dehvery) at s~xty (60) cycles and at any standard voltages avmlable from the City's distribution system through one standard transformasaon Where service of the type desired by the customer is not akeady available at the point of service, spemal contract arrangements between the City and the customer may be mqmred Bills are due when rendered and become past due ff not paid wltlun 15 calendar days fi.om date of ~ssuance DFTF, R Mlqq'ATTONT OF D~,MAND The demand shall be determined by the KW supphed during the fifteen (15) minute period of mammum use dunng the current month as determined by the C~ty's demand meter Bdhng shall be based on an adjusted KW demand, winch is the actual demand less 20 KW The adjusted KW demand w~ll subsequently be used for bflhng the demand portion of the utility bill In no case, shall balled demand be less than 0 KW ~qPRt~TAT, FAC, II All servmes winch reqmre spemal fac~ht~es m order to meet customer's servme reqmrements shall be promded subject to the Spemal Fac~htles Rader PR OR A TTC)N)' OF T ltl[ JT¥ Billing for customer famhty charge and demand shall be calculated on a 30-day bas~s and prorated for longer or shorter billing periods using the following formula (a) B~llmg for the Customer Fatality Charge shall be based on 12 billings annually Formula Ac, mM da? in reading pennd x Customer Famhty Charge 30 days PAGE 19 (b) Billing for the Demand Charge shall be based on 12 bdhngs annually Formula Aehlal dawq m re~adln~ po. nod x AdJusted KW Demand x Rate 30 days ENERGY C~IAR GE Bflhng for the energy charge shall be based on actual KWH consumption dunng the bflhng period Formula KWH m rate block x Rate per KWH m rate block R'N~,R G¥ C(~T AD.ff IgTMR, NT A charge per KWH of energy taken for fuel cost calculated m accordance w~th Schedule ECA PAGE 20 SCHEDULE G1 T.~C. AT. C~C~VF, RNM~NT T ,TC~I-ITINC~ ~. POW-~R ,RERVTCF, RATE [CITY; ~6)TTNr~V'; AND IND~P~ND~NTT ~CT-TOOT, DT~TRTCT] (Effective 10/01/00) APPLICATT~N Applicable to ~y local C~, Co~W or School Dm~ct for all elec~c se~ce supphed at one point of dehv~ ~d measured ~ough one meter Nat ap?cable to res~e se~ce m ~y eveat, nor to tempor~, st~dby or supplemen~ se~ce exc~ m conj~ct~on w~ apphcable rider ~T M~,Y R AT~ (1) Facfl]~ Ch~ge Smgle-Ph~e $15 15 / 30 days ~ee-Ph~e $20 20 / 30 days (2) D~d Ch~ge $ 6 31 / KW (3) En~gy Ch~ge 3 03~ / K~ (4) En~ Cost AdJunCt C~e~t ECA Schedule ~ ~o~t equal to ~e dem~d oh~ge ~ calculated below, but not less ~ fi~ percent (50%) of ~e m~ mon~ly dem~d ch~ge for ~y month d~g ~e pre~ous billing mon~ of May t~ou~ October ~n ~e ~elve mont~ ~ng w]~ ~e cu~t month, plus ~e apphcable facfl~ ch~ge per 30 day billing pe~od ~e C~ ~11 supply smgle-ph~e se~ce (or t~ee-ph~e se~]ce ff avmlable at ~e point of dehve~) at mx~ (60) cycles md at ~y st~d~d voltages avmlable ~om the C~'s dmmbuaon system t~ou~ one st~d~d ~sfo~aaon ~e se~]ce of ~e ~e des~ed by ~e customer m not a~eady avmlable at ~e po]m of semce, specml con,act ~gements be~een the C~ ~d ~e customer may be req~ed PA~ Bills ~e due when r~dered, md become p~t due ~fnot prod w~thm 15 c~end~ days ~om date ofmsu~ce PAGE 21 T')RTI~,I~MTNTA TTC)N (~I~ DI~MANT) The dem~d shall be dete~ned by the KW supphed d~g ~e 15-~nute period of m~m use d~g ~e c~ent mon~ as determed by C~'s dem~d meter, but not less ~ 50% of ~e hghest mont~y actual demad detemed d~ng ~e b~lhng months of May tkough October ~n ~e ~elve months ~edmtely preceding ~e c~ent month SPeCIAl, FAC~,TT~ ~1 semces whch reqmre specml fac~htles m order to meet customer's se~lce requirements shall be prowded subject to ~e Special Famht~es ~der (a) B~lhng for ~e FacfltW c~ge shill be based on 12 balhngs ~ually ~d prorated for longer or sho~ billing periods using ~e following fo~ula Fo~fla Aerial daw m reading pennd ' ~ x Customer Facxh~ Ch~ge 30 days (b) Billing for dem~d sh~l be calculated on a 30 day per month bas~s ~d prorated for longer or sho~ b~lhng periods using the following fomula Fotura AaBml daw m reading ne~aR ' ' x KW Billed D~d x Rate 30 days B~llmg for ~e m~ ch~ge s~ll be b~ed on acm~ K~ cons~pt~on d~g ~e bll~g period Fo~ula K~ x K~ ~te ENW, RG¥ COST AD.1T TRTMW, NT A charge per KWH of energy taken for fuel cost calculated m accordance w~th Schedule ECA PAGE 22 SCHEDULE LS ~TR ~I~T ~ ,TGIqTING (Effective 10/01/00) AppT ,TC A TTONT Applicable to all street hghtmg owned and maintained by the City of Denton NET Mc)NTT-r[.Y 1~ ATE (1) Famhty Charge See table (2) F. ner~o~r. Coat Adjustment Current ECA x Monthly Bulb Wattage Factor ~ Bulb Wattage Factnr LSA 100WSodlumVapor $490/30Days 48KWH LSB 250WSodaumVapor $695/30Days 105 KWH LSC 400 W Sodtum Vapor $ 8 75 / 30 Days 159 KWH LMA 175 W Mercury Vapor $565/30Days 70KWH LMB 250 W Mercury Vapor $ 6 70 / 30 Days 98 KWH LMC 400 W Mercury Vapor $850/30Days 153KWH LMD 1,000 W Mercury Vapor $t5 45 / 30 Days 380 KWH TYpR O~ s~rVTCE Tile City wlll supply single-phase service (or three-phase service if avadable at the point of dehveu) at s~xty (60) cycles and at any standard voltages avmlable fi.om the City's dlsmbutson system through one standard transformatmn Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may first be reqmred PAYM'~NT Bills are due when rendered, and become past due if not paid within 15 calendar days fi.om date of issuance PAGE 23 PR OR A TICINI OF 1 )'TH JT¥ RH J ,~ a) B~llmg for the Fac~hty Charge shall be based on 12 b~lhngs annually and prorated for longer or shorter periods using the following formula Actual day,q m re~achng ?nod x # of l~ghts per type x 30 days Customer Fac~ht~es Charge EN-E,R G¥ CO,qT ADr[ ~'STMF. NT A charge per KWH of energy taken for fuel cost calculated ~n accordance w~th Schedule ECA PAGE 24 SCHEDULE LT TR AF~TC T.TGHTING (Effective 10/01/00) APPT ,TCATTON Apphcable to State ~d Local Gove~ent agencies that operate ~d mmntmn their o~ ~affic s~als ~T MONT~ ,Y R ATE ~1K~ 5 30¢ / K~ At ~e C~'s avmlable second~ voltage ~d ph~e PAINT Bills ~e due when rendered, ~d become past due ffnot prod w~thn 15 calend~ days ~om date of ~ssu~ce MA~NA~CF. C~ARG~ Mmntenmce expenses billed at cost RP~CTAT, FACH,TT~S All seduces w~ch requ~e spem~ facfl~es ~n order to meet customer's s~me reqmrements shall be provided subject to the Specml F~fl~t~es ~der F,~ GY CHARGR Blllmg for ~e eng~ c~ge sh~l be b~ed on acmfl K~ consmptlon d~g the billing period Fotura K~ x K~ Rate E~,RGY COST AD.U IR~ A ch~ge per K~ of ener~ t~en for hel cost calculated m accord~ce wtth Sched~e ECA PAGE 25 SCHEDULE LO OT'fq'R~ T ,TG~TTNG (Effective 10/01/00) LOA APPT Jt~ ATTON Apphcable to State and Local Government agenczes that install and mmntam their own street lights, other than the City of Denton BULB WATTAGE NF(T MONTH7 ,Y R ATE FAC'TO.R LS1 250 W Sodmm Vapor 5 30¢/KWH 105 KWH LS2 400 W Sodmm Vapor 5 30C/KWH I59 KWH LM1 400 W Mercury Vapor 5 30¢ /KWH 153 KWH LM2 1,000 W Mercury Vapor 5 30¢ / KWH 380 KWH APPT .TC' A TTON Apphcable to other unmetered hghtmg serrates NF.T MONTI-II .¥ RATR Total Watt~ x Hours used per Month x KWH Rate 1,000 At the C~ty's available secondary voltage and phase Bills are due when rendered, and become past due if not pard within 15 calendar days from date of issuance MAINTRNANCF, C14 AR GF~ Mamtenance expenses billed at cost ~qPRC.TAT, FAC. II' ,TTF~R All sermCes wtuch require spemal famhtles ~n order to meet customer's service requirements shall be prowded subject to the Special Fa¢lht~es Pdder FXFI~..R ~¥ CO.qT ADIT ISTM~NT A charge per Kw¥I of energy taken £or fuel cost calculated m accordance w~th Schedule ECA PAGE 26 SCHEDULE DD [SECURITY LIGHT] (Effective 10/01/00) APPi' JCATTC)N Applicable to any customer wlthm the area served by the C~ty's electric dmtnbut~on system for outdoor area hghtmg when such hghtmg facflmes are operated as an extension of the City% dmtnbutlon system NRT MONTHI,¥ RATR (I) Faed~ty Charge See table (2) Rn~Lgy Co~t A~u~tment Current ECA x Monthly Bulb Wattage Factor Famh~y Charge ]:lulh Wattage Factor DSA 100 W Sodtum Vapor $ 7 75 / 30 Days 48 KWH DSB 250 W Sodium Vapor $10 05 / 30 Days 105 KWH DSC 400 W Sodium Vapor $12 35 / 30 Days 159 KWH DHA 250 W Metal Hahde $12 05 / 30 Days 105 KWH DHB 400 W Metal Hahde $14 35 / 30 Days 159 KWH Restricted 10/1/97 DMA 175 W Mercury Vapor $ 6 45 / 30 Days 70 KWH DMB 250 W Mercury Vapor $ 7 50 / 30 Days 98 KWH DMC 400 W Mercury Vapor $ 8 35 / 30 Days 153 KWH TYPR f~l~ .q~.RVICR The City shall furmsh, install, maintain and dehver electnc service to automatmally controlled, mercury or sodmm vapor hghtmg fixtures conforming to the C~ty's standards and subject to its pubhshed roles and regulations Where necessary for proper illumination or where ex~stmg poles are inadequate, the City will mstall or cause to be installed, one (1) pole for each installed hght, at a distance not to exceed e~ghty (80') feet from sa~d extstmg lines, at no charge to the customer Each adrhtlonal pole span shall not exceed a span spacing of one hundred (10ft) feet Additional poles required to m. stall a hght m a customer's spemfically desired location, and not having a hght installed on same, shall bear the cost PAGE 27 PAYMRNT Bills are due when rendered, and become past due if not prod within 15 calendar days from date of issuance TF,,R1M OF C,ONTR AC,T A two (2) year contract shall be agreed to and signed by each customer desmng Dusk-to- Dawn Lighting Serrate authorizing fixed monthly charges, wluch may be reviewed annually, and to be apphed to the monthly mumclpal utthtles bill In the event that a customer desired the removal of the umt or discontinuance of the service prior to completion of two (2) years, the remamder of the contract period shall become due and payable After the end of the lmtlal two (2) year contract, service shall continue on a month- to-month bas~s and may be canceled by either party upon tturty (30) days notice SPF,,C,TAT, FAC, II All sermce wl,ach reqmres special faclllt~es ~n order to meet the customer's service requirements shall be prowded subject to the Special Facflltles Rader PROR ATTON OF T ITTT ,TTY [tll ,T,S Bflhng for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter billing penods using the following formula Formula Actual day~ m readm~ nennd ~' x Customer Facility Charge 30 days ~,N3::~,RGY C,OST Ar)III,qTMF, NT A charge per KWH of energy taken for fuel cost calculated in accordance w~th Schedule ECA PAGE 28 SCHEDULE DDL DOWNTOWN DRtTOR A TIVE l JGT-TTING (Effective 10/01/00) APPT ,Tfq ATTC}N Apphcable to any customer on the perimeter of the square served by the City's electnc distribution system for outdoor area hghtmg when such hghtmg famhtles are operated as an extensmn oft_he C~ty's dmtnbut~on system NRT MONTT-II Ar R ATE (1) Famhty Charge $3 85 / 30 Days (2) Energy Cost Adjustment Current ECA x Monthly Bulb Wattage Factor, based on 415 KWH per Customer TYPR o~ RRRVICE The City shall furmsh, install, maintain and dehver electric service to automatically controlled lighting fixtures conforming to the C~ty's standards and subject to ~ts pubhshed rules and regulations The service ~s prowded between dusk and nndmght PAYMRNT Bills are due when rendered, and become past due ffnot pad w~tinn 15 calendar days fi.om date of issuance ,qPRCIAL FACII ,ITIES All servme winch requires special facthtms m order to meet the customer's service reqmrements shall be pro,aded subject to Spemal Fac~htles Rider PR OR A TTON C)F l ITII JTY RTl ]',S Billing for the Faclhty Charge shall be based on 12 bdlmgs annually and prorated for longer or shorter bilhng periods using the following formula Formula Actnal day,~ m reachng period x Famhty Charge 30 days RNFRR G¥ CO.qT AD.II TNTIvFRlXTF A charge per KWH of energy taken for fuel cost calculated m accordance w~th Schedule ECA PAGE 29 SCHEDULE DGL D~,CC)R ATTVF. G~ OT INT) T,TG~TTNG (Effective 10/01/00) APPT ,TC~ATTON Apphcable to any customer using ground hght~ng served by the C~ty's electric d~stnbut~on system for outdoor area hghtmg The customer owns, operates, and mmntams the decorative ground hghtmg upon mstallatmn by the C~ty of Denton NT~T MONTHI .¥ r ATR (1) Facility Charge (Meter) $6 70 / 30 Days Fac~hty Charge (Per Light) 50 W Sodmm Vapor Beacon $ 2 15 / 30 Days 50 W Spot $1 70 / 30 Days 70 W Sodmm Vapor Ballard $ 4 50 / 30 Days 100 W' Sodmm Vapor Ballard $ 4 50 / 30 Days (2) Energy Charge 3 79 cents / KWH TVPR Ol~ gg'.RVTC,,F, The City shall furmsh and install hght fixtures, and dehver electric service to automatmally controlled hghtmg fixtures conforrmng to the City of Denton's standards and subject to ~ts pubhshed roles and regulatmns The serrate m prowded between dusk and dawn Tg'.R M Og' PRR T.TGI-IT FACEIT .TT¥ C.T-IAR Ctg. g At the end often years, the famhty charges per hght will be dmcontmued Bills are due when rendered, and become past due ff not prod w~thm 15 calendar days from date of issuance IN.qT AT ,T ,ATTON COSTR The mstallatmn costs will be calculated by the C~ty The customer m responsible for mstallatmn costs at the City's dmcretton PAGE 30 All service whmh requnces special famht~es ~n order to meet the customer's servme reqmrements shall be provided subject to the Specml Fatalities Rider A ten (10) year contract shall be agreed to and s~gned by the customer desmng Decorative Ground Lighting Service authorizing fixed monthly meter charges, which may be rewewed annually, and to be applied to the monthly mummpal utIht~es bill The monthly per light facility charge wilt not change dunng the ten (10) year contract period In the event that a customer desired the removal of the umt or d~scontmuance of the service pnor to completton of ten (10) years, the remmnder of the contract period shall become due and payable After the end of the ~mtml ten (10) year contract, service shall continue on a month- to-month bas~s and may be canceled by either party upon tNrty (30) days not, ce PR 01~ ATTO'bt OF I TTTT ,TT¥ ~TT,T..q Billing for the Facility charge shall be based on 12 bflhngs annually and prorated for longer or shorter bflhng penods using the following formula Formula ~ ' x Customer Facility Charge 30 days PAGE 31 SCHEDULE T1 T~MPORAI~y ~qF, RVTC~ ~CI"I~DT II,E (Effective 10/01/00) APPT ,TCATT~N Appheable when a oustomer requests elecmo se~oe on a short te~ or tempor~ b~s wh~e a customer has r~ce~ved a pe~t ~om the C~ of Denton's Building ~spectxons Dep~ent T~s rate ~s not apphcable after ~e ce~fficate of occup~cy has been ~ssued ~T M~NT~,Y RATe ( 1 ) Famh~ Ch~ge Smgle-Ph~e $15 15 / 30 days ~ee-Ph~e $20 20 / 30 days (2) Energy Ch~ge 6 77¢ / K~ (3) Ener~ Cost Adjus~ent C~ent ECA Schedule ~ ~ ~ J ,~G Facfl~ Chmge M ~e C~'s avmlable second~ supply ADDITIONAL TR~R ARY g~.R~CR Labor ~eg~ Tree) $60 00 mm up to 1 ho~ $60 00 for each Mdmonat ho~ (to be me~ed to ~e newest one-q~er ho~) Labor (Ovenme) $75 00 mm up to 1 ho~ $75 00 for each addmonat (to be me~ed to the nemest one-queer ho~) Pr~m t~e to be added where apphcable Trmsponatmn To be billed by ho~s or ~les, ~ apphcable, according to ~e est~ated cost of operating ~e eqmpment PAGE 32 Material Matenal that cannot be salvaged to be billed at Stores cost plus 25% and apphcable sales tax At the t~me a temporary servme is removed or converted, any loss in the material installed due to negligence or wdlful action by the customer w~li be billed separately to the customer at replacement cost plus 25% and sales tax SpF. CTAT, ~'A CI]' All services winch reqmre special faclhtles m order to meet the customer's servme reqmrements shall be provided subject to the Special Facllmes Puder See Sect, on 25-23(e) for the standard reqmrements FT,AT l~ ATR TRIVlPF)t~ ARM ~qRI~VTCR Applicable to new construction of underground residential electric servme only Rate A flat fee of $195 per lot payable when the customer apphes for temporary service PR O1~ ATION F)F T Fl'IT ,TTY l:tll,T ,$ Bdlmg for the Fatality charge shall be based on 12 bdhngs annually and prorated for longer or shorter penods using the following formula Formula Actnal day~ m rending permd x Customer Facd~ty Charge 30 days F,,N~R GY CT-TAR G]~ Billing for the energy charge shall be based on actual KW-I-I consumptmn dunng the bllhng period Formula KWH x KWH Rate ~,'lx~R GM CORT ADTT IETIvFF, NT A charge per KWH of energy taken for fuel cost calculated m accordance w~th Schedule ECA PAGE 33 SCHEDULE P1 TNTRRI~I fPTTRT,~, PRIMARY ,~ERVTCE (Effective 10/01/00) APpT ,TCATTON Apphcable to all customers taking pnmary service at a finn power load exceeding 1,000 KVA dunng the months of June, July, August and September and is, by contract, provided service subject to load lntermptmns The C~ty retmns the right to hnut the number of customers on tins rate If the City's load reduction goals are met N-R,T Mi3NTI-I-I,¥ CF(ARC,F, (Estanated Transmission Fmu) (1) Facility Charge $ 70 70 / 30 days (2) Energy Charge 0 20¢ / KWH (3) Demand Charge $ 3 78 / KVA (4) Energy Cost AdJustment Current ECA Schedule MTNrMI rM grt ,T ,lNG An mount equal to the demand charge as calculated below but not less than one hundred percent (100%) of the maxnuum monthly KVA slrmlarly determined dunng the prewous billing months of May through October m the twelve months endmg with the current month, nor less than 1,000 KVA TY'PR C)I~' g~,RVTCF, lntermptsble primary voltage semce (transformation eqmpment owned by customer) is avmlable to any customer with a 12-month mnumum monthly demand of 1,000 KVA or greater Interruptlble primary serrate rendered at one pomt on the customer's premises at a nominal voltage of 13,200 volts or 69,000 volts three-phase at the option of the utthty The primary voltage service customer shall own, operate, and maintain all facilities necessary to receive three-phase primary voltage service and all transformation facilities reqmred for conversion to utlhzatlon voltage The City shall own, operate and mamtam all metering facilities, e~ther at primary or secondary voltage, at the C~ty's option Where the City elects to meter at secondary voltage, two percent shall be added to the demand charge, the energy charge, and the energy cost adjustment charge to account for transformer losses PAGE 34 D~T~I~]MTNTATTON OF F)F, MANT~ The demand shall be determined by the KVA supphed during the IS-nurture period of max~num use during the current month as determined by C~ty's demand meter, but not less than 100% of the maximum monthly KVA sLtmlarly determined dunng the b~llmg months of May through October m the twelve months Lmmedmtely preceding the current month, nor less than 1,000 KVA, NPI~C. TAT. FAC'F[ ,TTi~,q Ail service wluch requires specml fac~htles m order to meet the customer's servme reqmrements shall be provided subject to the Specml Faclhtles Pdder PR O'R ATT('3N OF I ITTT ,TT¥ RTT,T ,R (a) Bdhng for the Facxhty charge shall be based on 12 bflhngs annually and prorated for longer or shorter b~llmg periods asmg the following formula Formula ' - ' x Customer Famhty Charge 30 days (b) B~llmg for demand shall be calculated on a 30 day per month basra and prorated for longer or shorter bdlmg penods using the following formula Formula Ac, nml da? m reading ?nad x KVA Demand x KVA Rate 30 days Bdlmg for the energy charge shall be based on actual KWH consumption dunng the bdhng period Formula KWH x KWH Rate A charge per KWH of energy taken for fuel cost calculated m accordance w~th Schedule ECA PAGE 35 SCHEDULE ES STAN!DFI¥~ SIlPPT,F,M~NTARy ANTD MAINTF, NANCF{ ,qF~RVICF, (Effective 10/01/00) AppT JCATTC~N Applicable m all areas served by the City to customers who (1) Own and/or operate an electric power generation faclhty mmnly used for non- emergency uses and winch has a total nameplate or effective capacity (winchever ss lesser) of fiily (50) KVA or more ui parallel w~th the C~ty's electric system for the purpose of generating power for the customer's own consumption, and (2) Employ eqmpment winch is compatible with the C,ty's electric system at the customer's delivery pomt and winch will cause no damage to the C~ty's electric system or equipment or present undue hazards to City personnel, and (3) Own and/or operate an electrical gencranng famhty winch has been certified annually by a mgmtered pmfesmonal engineer practicing m the utility or Independent Power Production Industry to be a functlomng and reliable generating facthty (4) Operate an electrical power generating system at least 6,500 hours annually (5) Execute an agreement for mtorcormect, on and parallel operatmn wath the C~ty INTRI~ CONNI:~.CTION cO,qTS The customer shall rekmburse the City for any equipment or fac~htles required as a result of the installation by the customer of generation m parallel w~th the City's electric system The customer shall pay all costs of the City to extend its facilities or modify them at the time of lntercounect~on, or at some future tane m order to perrmt parallel operatmn of the customer's facility The City shall supply altematuig current at sixty (60) cycles and at the voltage and phase of the C~ty's electric system most available to the location of the customer The primary voltage customer shall own, operate and maintain all factht~es necessary to receive three-phase primary voltage service and all transformataon famhtles mqun:ed for conversion to utilization voltage The C~ty shall own, operate and maintain all metenng famhtles, rather at primary or secondary voltage, at the City's optton Where the C~ty elects to meter at secondary voltage, the secondary energy and on-peak demand charges shah apply PAGE 36 Primary Secondary Sermee Service (1) Facility Charge $60 60 / 30 days $25 25 / 30 days (2) Demand Charges On-Peak Demand $10 30 / KVA $10 30 / KVA Off-Peak Demand $3 80 / KVA $ 3 80 / KVA (3) Energy Charges Non-Emergency Energy 0 20¢ / KWH 0 51¢ / KWH Emergency Energy 5 25¢ / KWH 5 35¢ / KWH (5) Energy Cost Adjustment Current ECA Current ECA If the sum oft. he Customer Facility Charge, the On-Peak Demand Charge, and the Off-Peak Demand Charge is less than $1 00 per KVA of installed transformer capacaty, $1 00 per KVA of installed transformer capacity will be the monthly charge MINIM[ RV[ B ri ,1 ,lNG The rnunmm monthly bflhng shall be the tugher of the following (1) The sum of the Customer Facility Charge, the On-Peak Demand Charge, and the Off- Peak Demand Charge, or (2) A charge of $1 00 per KVA of installed transformer capacity The on-peak demand shall be deteranned by the KW demand supplied by the C~ty during the fifteen (15) minute period of maximum use during the on-peak hours as recorded by the City's demand meter, but not less than one hundred percent (100%) of the maximum on-peak demand wthch occurred during the billing months of June through September m the twelve (12) months tmmethately preceding the current month DRTRRMTN'ATTON OF ON-pRAT(' DIqMAND - C:o~TP, N'ERATTON [yNTT~q NOT Op]q'RATTN~ ANTI CTT.qTOM'RR'R PRAR' blT5 NOT CO~R~T~ TO CTTY'n A~ fAT, ~Y~TRM pRA~ If a customer's cogenerat~on mt(s) ~s/~e off dmng pe~ ho~s, ~d the customer's pe~ ~d not conmbute to the C~W's ~u~ off-pe~ dem~d, ~d the cogenerat~on mt ~s one (1) MW or l~ger, then ~e nm~late rating of~e cmtomer's mt(s) sh~I be deducted ~om ~e pe~ dem~d PAGE 37 The customer shall be charged the appropriate on-peak demand charges for the KW supphed by the C~ty for the succeeding twelve (12) months DRTRRMIN'ATIC}N OF OFF-PRAK (S¥RTRM) DRMANT) The off-pe~ dem~d shall be detemmed by ~e sm of the KW dem~d supphed d~ng ~e fi~een (15) ~ute penod of m~mm use ~ recorded by ~e C~'s dem~d meter, plus ~e KW nmeplate rating(s) of ~e customers generator(s) h no event shall ~e off-pe~ dem~d be less thru seven~ percent (70%) of ~e m~mm on-pe~ demmd s~l~ly determed dunng ~e bflhng mon~ of J~e ~ou~ S~tember m the ~elve (12) monks me~ately preceding ~e c~ent mon~ All ~er~ supph~ to custom~s whose genera~g rots ~e less ~ one (1) ~ capamV DRTRR~ATTON OF R~R GR~Cy R~RGy Emergency ener~ ~s all energy supphed by ~e C~ d~g pe~ ho~s of oper,mon to d~splace ener~ no.ally supphed by ~e customer's one (1) MW or I~ger mt The C~'s on-pe~ ho~s, for the p~ose of ~s rate schedule, ~e dem~ated ~ being ~om 2 00 P M to 7 00 P M each Monday ~ough Friday DEF~TO~ OF OFF-PRAK ~Ol ~ R The C~W's off-pe~ ho~s, for the p~ose of t~s rate schedule, shall be ~1 ho~s not desolated ~ on-pe~ horn SPF, CTAT. FAC~ ,TT~ ~1 se~mes w~ch req~e specml facflmes m order to meet customer's sera,ce req~ements sh~l be provided subject to ~e Spec~ F~flmes ~der Actual duym m readm~ ?~od x Custom~ Facfll~ Ch~ge 30 days PAGE 38 (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula Aetnal days ~n read~n~ he. rind ~ ' x KW Billing Demand x Rate 30 days Billing for energy shall be based on actual KWH consumption during the billing period Formula KWH m rate block x Rate per KWH m rate block CRFDIT I~OR F, Nr[~RGy Di~,T,iVF-~RD INTO CITY'S ,qYSTI~M DTIRINIG ON-PFAK HOIII~S If Customer-produced energy is fed back Into the City's system dunng on-peak hours, an amount equal to fuel cost calculated m accordance with Schedule ECA, as applicable to such energy is credited monthly, provided that Customer has paid the City for necessary added metenng, protective and other eqmpment as determined by the City CRFDIT FOR Iq. NIIqRGy DFT.IVFRRD INTO CITY'S ,qYSTFM DTIRING OFF-Pl~AK HOIII~S If Customer-produced energy is fed back into the City's system dunng off-peak hours, an amount equal to 70% of the billed ECA charge per KWH (for each KWH delivered back into the City's system) will be credited monthly, provided that Customer has pad the City for necessary added metering, protective and other equipment as detemnned by the City ENTF. RC~¥ COST AD.II LqTMq:~.NT A charge per KWH of energy taken for fuel cost calculated m accordance with Schedule ECA PAGE 39 SCHEDULE AF AT~¥ ~RTTC FrRT ~D (Effective 10/01/00) APPF JC ATIC)N Apphcable to ail electric service metered at one pont for use to light specified areas for athletic events where such electrical use will not occur between thc hours of 2 00 P M and 7 00 P M for the months of Jtme through September ~T MCINITHI' ,¥ R ATFi (1) Facthty Charge Stogie-Phase $20 20 / 30 days Three-Phase $30 30/30 days (2) Energy Charge Blllln~ mnnths of.hoe through ,qe.ntemher 2 00 PM to 7 00 PM (Peak) 7 58¢ / KWH Ail Other Hours (Off Peak) 3 79¢ / KWH Bltlln~ months ofC)etmher throl]~h May. All hours 3 79¢ / KWH (3) Demand Charge Rdhn~ months of.Tune thran~h ,~e?emher Peak (2 00 PM - 7 00 PM) $4 70 / KW All Other Hours (Off Peak) $1 11 / KW Dhlhn~ months of October through May. AIl hours $1 11/KW (4) Energy Cost AdJustment Current ECA Schedule PAGE 40 MINIMI IM Fir[ ,I.ING Faclhty Charge At the C~ty's available secondary voltage and avmlable phase For use only between the hours of 7 00 P M and 2 00 P M fi.om June through September and all hours fi.om October through May ,qPI2CTAT, I~A CII.TTI~,S All servmes winch reqmre spemal facthtles in order to meet customer's service reqmrements shall be prowded subject to the Spec, al Factht~es Pdder PRORATION OF TTTTT TT¥ nTT,T,S (a) Billing for the Fatality charge shall be based on 12 Nllmgs annually and prorated for longer or shorter periods using the following formula Formula Ae. Bml daw m readm~ nennd ' - ' x Customer Facthty Charge 30 days (b) Billing for demand shall be calculated on a 30 day per month bas~s and prorated for longer or shorter Nlhng penods using the following formula Formula Aenml daw m readmv ne. nad - ' x KW Demand x Rate 30 days Bdhng for the energy charge shall be based on actual KWH consumptmn dunng the billing period Formula KWH m rate block x Rate per KWH m rate block A charge per KWH of energy taken for fuel cost calculated m accordance w~th Schedule ECA PAGE 41 SCHEDULE IDR FNDT T,~TR TA T, DRV~T.C)pMF. NT R ATE ~ffcet~ve 10/01/00) AVA~,A~TT.TTY T~s nder ~s avmlable ~o ~e customers who recmve sc~ce ~om Rate Schedules GSS, GSL, o~ TGS APPT.TC A TT~N T~s rider ~s avadable to elecmc se~ce supphed at ~y one location It ~s for flint elecmc sc~ce apphcable to new ~d ex~stmg customers ~ described below, over a five-ye~ period T~s rider ~s avmlable to ~e following closes of customers (1) New customers whose elec~c se~ce r~resents dem~d not prewously se~ed by · e C~ at ~y locat~on m ~e C~'s se~ce ~ea m ~e l~t 12 monks, where such merged dem~d will be m excess of 225 KVA or 200 KW, as estimated ~d mutely a~eed upon by ~e D~rector of Elec~c UtiliZes ~d ~e customer (2) Exls~ng customers se~ed ~d~ Rate Schedules GSS, GSL or TGS who increase · ew prior ex~s~g metered dem~d by 225 KVA or 200 KW ~s increase shall be venfied by comp~g a ~ec mon~ rolling average of thc new level of dem~d to · e prior dem~d averaged for eo~cspondmg monks D~g penods m w~ch ~s venfica~on me.od c~ot be apphed, ~a D~rcctor of Elec~c Utilities ~d ~e customer may develop a tautly a~ced-upon fo~ula to esamatc ~e b~e ~d ~dl~o~ dem~d levels ~T M~.V R AT~ The customer sh~l be e~ged ~der ~e appropriate apphcable rate schedules w~ ~e exc~tmn ~at the money bxllmg dem~d ~or GSS ~d GSL) or system dem~d ~d on-pe~ dem~d (For TGS) wdl be ~3usted m accor~ce w~ ~e following table ~educt~on to Billing T~me Pe~od Demand or ~y~tem Demand F~st YO~ 50% S~cond Yoa 40% T~d Yo~ 30% Fo~ Yo~ 20% F~ Yo~ 10% CO~ ACT PRRT~D The te~ of~e eon~aet will be for five ye~s PAGE 42 SCHEDULE EP ~ner~ySnve Prn~rnql (Ef£eet~ve 10/01/00) ~,p? h c:atl nn/Prn~ram S~lmnlfll7 Denton M~c~p~ Elec~c ~) t~ough tMs pro~, c<led "EnergySave", ~s offenng c~h pa~ents ~ incentives m ~e fo~ of rebates to customers who p~chase ~d install M~-effic~ency a~ condx~oners or heat p~ps for new res~dent~M, ex~stmg res:denn~ or co~cml fac~h~es ~s pro~ w~ll prowde s~c~e incentives m ~e fo~ of rebates, m ~e ~o=t of $ 500 00 per quah~mg s~c~e, to resxdent~al budders of smgle-f~ly residences for meeting specific D~ s~cmre requirements Sat~s~mg ~ese cons~ct~on req~ements ~11 ~mprove a res~d~tml s~c~e's heating ~d cooling systems' operating efficiency Ap~ents ~d multiple ~t remdentml s~cmres w~ll qu~ for ~e mr condzt~onor rebates, but w~ll not qu~;~ for the s~c~e mcent~ve, zf ~ey meet ~e apphcable Ener~Save Pro~ Omdelmes The Ener~Save Pro~'s object~ves ~e primely to reduce energy dem~d =d consmpt~o~ ~ereby Mlowmg ~e custom,rs of Denton M~c~pM EIecmc to save doll.s on ~e~r u~h~ bzlls, reducing ~ pe~ load of the Cz~ of Denton's elecmc system, ~d promo~g ~ergy e~c~ent heating ~d cooling Q~fica~on Gu~de~es for Equipment A All rust.lateens must be for acco~ts se~ed by ~e Denton M~c~p~ E1ec~c ~d must meet all apphcable nat~on~, local, ~d m~ufac~ers' codes ~d spec~ficatxo~ B To qu~ for eqmpment mcentxve, eqmpment must be Dew wheD rust.led C ~I eqmpment m~t be p~ch~ed No le~ed or lease/purchased equipment w~ll qu~ for a c~h rebme D ~talla~ons must be rome by hcensed con.actors ~or dealers E No rebate ~11 be prod on a p~ml ~eplacement of ~ mr condzt~oner The compressor, eondemer ~d ~e evapormor co~l must be reptac~ to quah~ for a rebate Pa~eDt~ for res~den~M ceD~M cooling systems, wMch include ap~ents ~d mobile homes, wzll be l~ted to a capacl~ based on a ~ of 600 con&aoned squ~e feet per ton ~¢ coDdltloDsd ~ea m squ~e feet ~s req~ed on each res~dentml cen~ system request for pa~ent ~y v~ce must be au~onz~d on ~ md~v~d~ b~ls ~d approved by ~e Denton M~czpal Elecmc M~ketmg D1VlSlOn PAGE 43 G Incentives for new and retrofit eqmpment will be contributed to a purchaser or anthonzed homebmlder for quahfymg eqmpment Incentives will be prod upon venficatlon of comphance w~th program guidelines H Requests for payment must be received by the Director of Electric Ut~htles w~thm 60 days of installation I Eqmpment and installation are subject to inspection by the C~ty's Bmldung Inspection Department before final approval for payment is ~ssued J The EnergySave Program gmdehnes and payments are subject to change by Denton Mummpal Electric without prior notice K Denton Mummpal Electric may, at any time, thscontmue the EnergySave Program w~thout pnor notice II Quahfication Gmdehnes for Structure Incentive A A residential structure incentive, in the amount of $ 500 00 per qualifying structure, as offered to a builder, developer or authorized agent after the following qualifications are met 1 Bmlder, developer or anthonzed agent must be enrolled in the Denton Mumclpal Electric EnergySave Program (EnergySave) 2 Builder must install a i 5 ton or above central mr conditioner or heat pump having a mlmmum efficiency rating of 12 SEER 3 Install m~mmmn of R13 wall insulation 4 Install nummum of R30 ceiling insulation 5 Ninety percent of the total square footage of extenor glass must be double-glazed (double pane) 6 Seal and weather-strip extenor doors and w~ndows Includes canlkmg exterior toe plates and wrong/plumbing penetrations through the structure's exterior walls and cethng B Structure Incentive for new homebmlders must also comply with the respectave restrictions set forth in Gmclehne~ for Rqmpment Ql~ahfic, at~oll,q I GENERAL PROCEDURES A Apphcatmn 1 Eqmpment- An application for eqmpment incentive must be completed and sent to PAGE 44 the Director of Electric Utilities wltlun 60 days of Installation of new or replacement equipment Participating dealers have application forms and will complete these forms for the pumhaser It is the purchaser's responsibility to see that the dealer completes the form and submits it to the Director of Electric Utilities 2 Structure Incentive- To qualify for residential structure incentives, a builder/developer or authorized agent must be registered as an authorized Denton Mumclpal Electric EnergySave Authonzed Builder To become a recogmzed EnergySave builder, applicant must complete and submit a Denton Mumclpal Electric EnergySave Bmlder Application form to the Director of Electnc Ut~ht~es Applicant mast also meet the requirements listed in the EnergySave Final Audit form listing the described construction reqmrements B Inspections Installations of central au-conditioning systems will be respected by the City's Bmkhng Inspectmn Department and must be approved before rebates will be processed New structures will be randomly audited to msure adherence to the reqmred energy efficient constmctlon spemficaUons C Payments to Pamclpants 1 Eqmpment Retrofit (Erdstlng residences) Cash payments will be made to the purchaser of the qualifying replacement eqmpment Participating retail equipment dealers will receive a cash payment of $20 per umt for the sale of window umts, central mr con(httonmg systems, or heat pumps to offset their cost for properly filling out the apphcatlons for purchasers of retrofit eqmpment 2 New eqmpment and structure incentive Program participants are responsible for submitting the correct reforma- tion The Ut~hty Department will not issue any additional payment unless the payment was mcorrect due to a mastake in processing by a City employee The twenty dollar ($20 00) payments to dealers will be made only if they supply the quahfymg equipment to the customer or bmlder who is paymg for the installation of the equipment Dealers and purchasers may be demed payment for farlure to follow program gmdelmes such as falling to supply correct square footage or SEER/EER figures, mstallmg eqmpment Much is not new, replacmg part of a spht system, or failure to fill out rebate forms properly Payments will be made to customers who purchase and mstall new quahfymg eqmpment If a tenant purchases and installs quahfymg eqmpment, the payment is made to the tenant If the owner of rental PAGE 45 property purchases and ~nstalls quahfymg eqmpment, the payment is made to the owner If the purchaser ofa mob~Ie or custom home selects and pays for a quahfy~ng umt, the purchaser w~ll receive the rebate CENTRAL ELECTRIC AIR CONDITIONERS AND HEAT PUMPS A A new condensing umt wath an ms,de evaporator cml w~ll quahfy ~f matched, as specified, m the current Issue of the AK[ D~rectory of Certified An, Con&tloners and An' Source Heat Pumps and the umt meets the mmtmum ratings as spemfied m the 1998 EnergySave Program If the umt is not m the current ARI D~rectory, the manufacturer's latest data approved for publicatmn wall be accepted If the umt ~s not m the current ARI Directory or data approved for pubhcat~on, the average of the tugh and low SEER/EER coil only, not ~ncludmg blower co~l, wall be accepted as hsted m the current ARI D~rectow B Computer smmlat~ons may be used if ratings are not listed in the current ARI D~rectory, prowded the following criteria are met 1 Systems using mix-matched cmls must meet all estabhshed program gmdelmes to quahfy for a rebate 2 The computer snuulatmns must be signed, certified, and dated by a regmtered professmnal engineer and an officer of the company makdng the subnnttal 3 The engineer who cemfies a snuulaUon must attest to the accuracy of the input data, the vahchty of the calculatmn procedure used, and that the results are m accordance w~th Department of Energy approved methodology 4 A complete set of the input data and an indication of the source of the data must accompany the snuulated ratings 5 The sanulated ratings must be based on the condensing umt's te~qted combination as hsted m the current ARI Drrectory or latest data approved for pubhcatmn and ~dent~fied by the correct model numbers of both the condensing umt and cml as hsted m the current AR/ Dtrectory 6 Sn'nulated ratings must not exceed 105% of the SEER rating of the tested system used as a base 7 An open file of computer snnulat~ons will be maintained at the Energy Management Office Supplying erroneous ratings or data can lead to dIsquahficatmn of those revolved from further program participation PAGE 46 C Program Capacity and Payment Formula 1 The maxanum allowable BTU per hour capacity ehg~ble for a residential rebate ~s determined by dividing the square footage of the alr-comhttoned area by 600 and mult~plying by 12,000 Example The Program Capamty for an 1,800 square foot house ~s 1:800 = 3 0 x 12,000 = 36,000 BTUH 600 The Ctty will pay a rebate on a umt that meets program efficiency standards and is s~zed at 36,000 BTUH or less 2 Actual payment wall be determined by d~wd~ng the BTUH of the installed umt (up to, and ~nclud~ng the Program Capacity) by 12,000 and multiplying by the ~ncent~ve The ~ncent~ve amounts and SEER ratings are referenced of the "1998 EnergySave Program Methods Used ~n Determnung Eqmpment Efficiency and Ehgibthty,' and are ~ncorporated here~n as ~f fully set forth at length Example A A person m a 2,100 square foot house installs a 42,000 BTUH central mr conchtmner wuth an SEER rating of 12 0 ~ 3 5 x 12,000 = 42,000 Program Capacity 6O0 --42'01~=3 5 x $100/ton=$35000Incent~ve 12,000 Example B A person m a 2,400 square foot house installs a 60,000 BTUH central mr conditioner w~th a SEER rating of 12 0 2:400 = 4 x 12,000 = 48,000 Program Capacity 600 48:000 -- 4 x $100/ton = $400 Incentive 12,000 PAGE 47 Example C A person m a 2,400 square foot house installs a 60,000 BTUH central heat pump with a SEER ratmg of 12 0 2.+4120 = 4 x 12,000 = 48,000 Program Capamty 600 48:000 = 4 x $150/ton = $600 Incentive 12,000 Mnumum SEER/EER Central A~r C~nnd~tmmllg ~ Incentive Smgle-Phase (SEER) 12 0 $100 / ton*? Three-Phase (EER) 12 0 $100 / ton Stogie-Phase (SEER) 14 0 $125 / ton Three-Phase (EER) 14 0 $125 /ton Central Vi'eat Pnmp~ Stogie-Phase (SEER) 12 0 $150 / ton Three-Phase (EER) 12 0 $150 / ton Stogie-Phase (SEER) 14 0 $175 / ton Three.Phase (EER) 14 0 $175 / ton Room A~r C~onrhtmner,q 10 0 $ 50 / mt Room lq'e~t Pumps I0 0 $ 50 / umt Geothermal lq'eat Pomp 12 0 $500 / umt De~qnperhaat~r (Waste heat reclamation device) $150 / umt * Refer to "1998 EnergySave Program Methods Used m Deternunmg Eqmpment Effimency and Ehgubfl~ty" ? For calculatmn purposes, one ton equals 12,000 BTUH PAGE 48 SCHEDULE MTR PR ]~MII rM-R'~FICF~,NCY MOTOR R }~[I ATE (Effective 10/01/00) A PPT J'C A TIC)N/PR OGR A M RTIMMARY The City of Denton Ut~hty Department is offering cash payments to customers who purchase and install premmm-effic~ency motors and adjustable speed drives m faclht~es serviced by Denton Electric Utlhty The program's object~ve ,s to reduce energy demand and consumption, thereby saving customers dollars on their ut~hty bills and reducing the peak load of the C,ty of Denton's electric system, thereby conserving energy and m~provmg the power factor PR ~GR AM ~T TFDF. T 1 All mstallatmns must be for accounts served by the City of Denton Electric Utility and must meet all applmable national, local, and manufacturers' codes and specfficat, ons 2 To qualify for a rebate, eqmpment must be new when installed All eqmpment must be purchased No leased or lease/purchased equipment will quahfy for a cash rebate Removed motors must be properly dasposed of after inspection and not re-used with the Denton Electric Ut~hty system Method of d~sposal must be stated 3 The C~ty will pay the rebate to the purchaser of the quahfsnng equipment upon verification of comphance with program gmdelmes 4 Eqmpment and installation are subject to mspectmn by the City's Electric Utility before final approval for payment ss issued 5 Replacement motors must be the same horsepower or lower than the original motor Exceptions must be approved m writing by the City's Electric Utdlty Only motors 20 horsepower and above are ellgable for the program 6 Ail mformat~on must be complete on the Motor Rebate Apphcatlon in order for a rebate to be issued (see Motor Rebate Apphcatlon) 7 The Prermum-Efficlency Motor Rebate program gmdehnes and payments are subject to change without notice Th~s program may be chscontmued with prior notice, at any ume by the City of Denton Electric Ut~llty PAGE 49 RER A T~ MI~TRBD~I ,OGY Rebates for the Premmm-Effi¢~ency Motor Rebate ?rogrmn wall be based on the following methodology REPLACEMENT MOTORS 1 The Denton Electric Utlhty staff wall visit the s~te to detenmne the existing motor's efficmncy If the exastmg motor ss non-operatmnal, an estimate wall be made 2 The customer must prowde all reformation on the rebate application concermng the proposed motor purchase 3 A new motor must not exceed the horsepower of the ex~stmg motor wathout express written consent by the Denton Electric Utthty, wluch consent shall be given only ~f the utlhty finds an increased efficiency 4 The mformat~on concerning the ex~stmg and the proposed motors will be entered into the Motor Master software program to calculate the l~lowatt (KW) or k~lovolt amperes (KVA) savings yield The ealcnlat~on m based on horsepower, efficiency, R.PM, and load mformatmn 5 The KW or KVA y~eld wall be mnlt~phed times the rebate incentive amount of $100/KW or $90/KVA KW y~eld x $100/KW or KVA ~eld x $ 90 / KVA 6 The Denton Electric Ut~hty will to the site to verify lnstallatxon, and following successful installation, a rebate cheek wall be marled to the customer NEW MOTORS New motors will follow the procedure outlined above for replacement motors but the efficiency comparison wall be made against a standard new motor, to be detemuned by the Motor Master software program used by the C~ty, Department of Energy standards, or the Denton Electric Ut~hty ADJUSTABLE SPEED DRIVES The Denton Electric Utxhty wall ws~t the customer sxte to determine KW/KVA savings fi.om the proposed AdJustable/Variable Speed Drive Those savings wall be awarded on a $100/KW or $90/KVA basxs A watt meter will be used before and after mstallatmn KW / KVA SAVINGS Rebates m excess of $1,000 00 reqmre advance approval of the Director of Electric Utxhtles PAGE 50 SCHEDULE UPS ITNTNTF, RRT~pTT~qT,~,, POV~R SNPp'f,V ~ffectlve 10/01/00) AppT.TCATTON Applicable to any customer who, by written agreement, receives sermce for an umntermpt~ble power supply for a computer or other electncal eqmpment Umntermptlble Power Supplies provided by the C~ty of Denton are of the standby type (1) Facility Charge 0 - 300 Watts Unmterrupt,ble Power Supply $ 7 80 / 30 days 301 - 700 Watts Umntermpt~ble Power Supply $14 90 / 30 days 701.1,200 Watts Uninterruptible Power Supply $31 85 / 30 days (2) Installatxon Charge $25 75 For any Umntermpt~ble Power Supply other than above, the monthly customer charge w~ll be based on the followmg formula (1) Monthly Charge 5% c~f Anmlnl Mmntennnee Cast PLUS 12 months 8% Anmml Reh~m nfTnv~tment PLUS 12 months 8% Interest on a 5 Year Life TYP~ 13g The City shall furmsh, mstaI1, maintain an automatmally controlled alternating current power backup umt corfformmg to the C~ty's standards and subject to ~ts pubhshed roles and regulations PAYMENT Balls are due when rendered, and become past due if not prod w~thm 15 calendar days fi.om date of ~ssuance PAGE 51 ~P'~CTAL All ~ (a) ~fllm~s for ~ F~¢~hW oh~e sh~l b~ b~s~d on 12 b~llm~s ~u~lly ~d prorated for longer or sho~er bfllm~ ponods usm~ ~e ~ollowmg fo~uh Fo~ula ' ' x Customer Faclh~ Ch~ge 30 days PAGE 52 SCHEDULE ECA RN~.I~G¥ CO,qT ADH I~TM~NT (Effective 10/01/00) F. NFR'.R GY CO~qT AFlll I,qTM'FNT All monthly KWH charges shall be mareased or decreased by an amount equal to "X" cents per KWH, to be known as the energy cost adjustment (ECA) Thc ECA shall be computed during thc last month of each fiscal year quarter (December, March, June and September) to be applied to the quarter immediately following The City shall m no case change the energy cost adjustment more than once un any three (3) month period The ECA shall be calculated using the follov~ng formula ECA = Prnjeeterl enerc~_, en~t far next re]after. ProJected KWH sales for next quarter In the event that actual plus estanated cumulative costs of fuel, variable costs of Texas Mumczpal Power Agency (TMPA) energy and purchased energy (excluding TMPA's fixed charges) are greater than or less than the actual and projected ECA revenues by $500,000 or more dunng the next quarter, the Dxrector of Electric Utzht~es or hts designate shall recompute the Energy Cost AdJustment and, w~th Public Utfimes Board approval, may estabhsh an ECA that collects or returns such chfference over the next three month period Such change zn ECA shall be applied evenly to each month during the three month period The first quarter FY 2001 ECA rate is as follows ECA -- 250C/KWH PAGE 53 SPF, CT~,T, I~ACTLTTTF,,~ RII~F~R (Effective 10/0 !/00) (1) All service shall be offered from available fac~ht~es If a customer serwcc characteristic requires facilities and devices winch are not normally and readily available at the location winch the customer requests service, then the C~ty shall prowde the servlce subject to paragraph of tins r~der (2) The total cost of all factht~es rebuned to meet the customer's load characterist~cs which are mcurred by the C~ty shall be subject to a special contract entered ~nto between the Ut~hty and the customer Tins contract shall be s~gned by both parties prior to the C~ty prowdmg service to the customer PAGE 54 DINC~I~T RiDeR STATI~, I~TIV~,R~qITIF,~q ANI~ COI,I ,EC-F,S (Effective 10/01/00) (1) APPLICATION Service provided hereto is applicable to electnc service billed under the otherwise applicable tariffed rate for service supphed to a faclhty of a "four year state umvers~ty upper level institution, the Umverslty of North Texas, Texas Woman's Umvers~ty or college" as prowded m Section 2 2141, under Subtitle E, Title 1I, Pubhc Utility Regulatory Act of 1995 (2) CREDIT TO MONTHLY BILL OR MONTHLY RATE Customer's monthly bill and/or monthly rate shall be ~n accordance with the applicable rate schedule(s) m effect on July 1, 1997, shall be reduced by 20% "Base Rates" are defined as the sum of the following charges the Facility Charge, the Demand Charge, the Energy Charge and/or the adjustment for short/extended read cycles of the applicable rate schedules Base rates do not include recovery of fuel and purchased en~gy costs, including, w~thout linmat~on, energy cost adjustments (the ECA rate or its successors) All other charges and calculations m the rate schedule are unchanged The rates lmttally estabhshed on July 1, 1997 by this Discount Rider shall be the maximum or ceiling rate charged to the Umversity of North Texas ("UNT") and Texas Woman's Umverslty ("TWU") during the term of the seven (7) year power supply agreement If during the term of the power supply agreement any apphcable tariffed "Base Rates" are reduced by more than 10%, the discounted rates for UNT and TWU will be reduced such that the discounted "Base Rates" are always at least 10% below any tariffs that will otherwise be applicable to the umverslt~es At no me shall tariffed base rate decrease cause the rote discount to the two (2) umvers~tles to decrease by more than 50% over the t~rn of the power supply agreement PAGE 55 SECTION' 2~ That the Assistant C~ty Manager for Utilities ~s hereby authorized to expend funds to ~ssue rebates to electric utility customers m the form and type set forth m Schedules EP and MTR, as the use of more efficient compressors, motors, and thermal storage ~s m the best mterest of the C~ty of Denton, as such will reduce the peak-load and conserve energy, winch are pubhc purposes of the C~ty ,qg, C~TlOlq 3, That all ordinances or parts of ordinances m force when the pmv~s~ons of tins ordinance became effective winch are inconsistent, or In confhct w~th the terms or provmons contmned m tins ordinance are hereby repealed to the extent of any such conflmt SECTION' 4, That ~f any section, subsection, paragraph, sentence, clause, phrase or word m tins ordinance, or apphcatton thereof to any person or mreumstances ~s held mvahd by any court of competent junsrhct~on, such holding shall not affect the vahchty of the remaining portions of tins ordinance, and the City Cotmcfl of the C~ty of Denton, Texas, hereby declares ~t would have enacted such remaining poraons despite any such mvahd~ty ,q~C~TlO~q S That tins ordinance and the rates hereto adopted shall become effective, charged, and apphed to all electric serrates rendered by Denton Mummpal Electric, and all energy usage by customers of Denton Mumc~pal Electric on and after October 1, 2000, and a copy of smd rates shall be maintained on file m the Office of the C~ty Secretary PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY \~Svc utflWOLBsharcd~slobal~Bl~ln¢ Rate FY 2000 2001 O~tlllanc¢ doc PAGE 56 Agenda Item_~ AGENDA ~T~ORMATION SHEET AGENDA DATE: September 5, 2000 DEPARTMENT: Engineering & ~ Transportation DCM: David Hill, Assistant C~ty Manager/Development Service SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS FROVIDING FOR THE PAYMENT OF AN ADMINISTRATIVE FEE TO THE CITY FOR REVIEW OF TRAFFIC IMPACT ANALYSES REQUIRED BY CITY ORDINANCE OR AS MAY BE REQUIRED AS A PART OF ZONING APPROVAL, AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND: Traffic En~neenng IS handled primarily by ex~stmg staff and by using a traffic en~tneenng consultant Traffic impact studies have been increasing to where they are using up a large amount of the funds budgeted for general traffic engineering each year Rewew of the studies is very detailed so the most cost efficient way to review them is using a consultant who works w~th them constantly The average cost to us for our consultant to review the fees has averaged about $500 Therefore the proposed fee is expected to generally cover the cost of the reviews RECOMMENDATION: Approve the ordinance PRIQR ACTION/REVIEW (Council. Boards. Comm~ssionsl NA FISCAL IA'FORMATION Thts fee ts esttmated to add $7500 tn revenue based on 15 projects per year Respectfully subnmted Je~/ry glark, D~rector Englll'eenng & Ti'ansp0r~atlon Page 1 SUPPLEMENTAL FUNDING REQUEST FY 2000-01 Dept/D~vis~on ~ngineerlng & Transportation D~ws~on No 10 Program T~tle Traffic Impact Analys~s Rewew Fee Brief Program Description A charge of $500 per Traffic Impact Analys~s is proposed for rewew of TIA's submitted for private developments Charge would offset C~ty's cost for Traffic consultant review Estimate 15 TIA rewews per year ~ram Personnel Requeat Detail No of Beg~n Date/ Annual Hours/ Pos~t~ons Proposed Pos~t~on T~tle End Date FTE Program Expenditure Detail Account [ Budget Impact NoI Account T~tle 1st year I 2nd year I 3rd year Expenditure Increase ( + ) Expenditure Reduction ( ) Revenue Enhancement I ) TIA Rewew Fee 7 500 7 500 7,500 Funding from Other Sources ( ) Expenditure Increases Subtotal 0 0 0 Expenditure Reduction Subtotal 0 0 0 Revenue Enhancement Subtotal 7,500 7 500 7,500 Funding from Other Sources Subtotal 0 0 0 Total Program Funding Requirement = -7,500 7,500 -7,500 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE PAYMENT OF AN ADMINISTRATIVE FEE TO THE CITY FOR REVIEW OF TRAFFIC IMPACT ANALYSES REQUIRED BY CITY ORDINANCE OR AS MAY BE REQUIRED AS A PART OF ZONING APPROVAL, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Chapters 34 and 35 of the Code of Ordinances and an some instances as a part of zoning approvals, a traffic Impact analyms ("TIA") under certain carcumstanees are required to be provaded to the Caty as a eondmon of development approval an order to determine the traffic impacts created by new development on the traffic anfrastructure of the City, and WHEREAS, the Caty recurs admmistratave expenses an analyzing TIA's whxeh should be properly bom by the developer, and WHEREAS, the Oty Council finds that at IS ~n the pubhc anterest to reqmre that the developer/apphcant pay to the City an admmastratave fee of $500 00 for review of a TIA, and WHEREAS, the Caty Council finds that such $500 00 fee bears a reasonable relataonship to the actual administrative costs recurred by the C~ty to conduct such reviews, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I A $500 00 TIA Review Fee ~s hereby established, which must be paid to the Caty by the developer/apphcant of any new development when such a TIA as reqmred by City ordmance or as may be reqmred as a part of zomng approval The fee shall be prod to the City's Engineenng Department prior to or contemporaneous w~th the submattal of the TIA SECTION 2 This ordmance shall become effective ammedmtely from and ailer ars passage and approval PASSED AND APPROVED this the day of _, 2000 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS~ ~LEGAL..f~ORIVI Agenda Item .,~.~ AGENDA INFORMATION SHEET Date ~/~?OO AGENDA DATE: September fl, 2000 DEPARTMENT: Engineering &Transportatton DCM: Davtd Hill, Asststant City Manager/Development Services S~BJECT: CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOP. THE PAYMENT OF AN ADMINISTRATIVE PUBLIC WORKS INSPECTION FEE TO THE CITY FOR INSPECTION SERVICES PROVIDED BY THE CITY FOP. PUBLIC IMPP.OVEMENTS CONSTRUCTED BY DEVELOPERS RELATED TO PRIVATE DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE ~ Development relatod inspections have sharply increased The cost of providing flus sennco increases and the quality of the inspection decreases until a reasonable ratio ofprojeots per inspector Is maintained Our current ratio is almost 19 to 1 Most of the cities have ratios m the ranse of 4 to 6 per inspector The survey completed of the ten major cities almost reveals that most charge a percentage of the constmctmn cost of pubhc unprovements to help fund the cost of the inspection sconce The overall average is about 2 8% We recommend 3 5% because the luffher development impacted cities hke Frisco, McKarmey, C-rapevme, Piano, and Keller charge a fee closer to that amount (3 64% is their average) RECOMMENDATION: Approval of 3 5 % charge for constmcQon inspection PRIOR ACTION/HEVIEW {CouneiL Boards. Commissions} NA ~ISCAL IN-FORMATION The proposed fee ts expected to ratse almost $500,000 tn revenue Based on $13, 964, 374 estimate of project values from last year Page 1 SUPPLEMENTAL FUNDING REQUEST FY 2000-01 Dept/D~v~s~on Engmeermg & Transportation D~wsmn No 10 Program T~tle Public Works Inspection Fee Brief Program Description A charge of 3 1/2% of the total project cost of public ~mprovements for private developments would be charged to contractors for ~nspect~on of public ~mprovements Three and one-half (3 1/2%) percent ~s being charged by stm~lar size c~t~es ~n the metroplex Th~s revenue source would be affected by the economy Proposed revenue is calculated based on data for the past two years A 10% ~ncrease Is calculated for years 2 and 3 Program Personnel Request Detail No of Begin Date/ Annual Hours/ Poslt~ons Proposed Position T~tle End Date FTE Program Expenditure Detail Account ' Budget Impact No Account Title 1 st year I 2nd year I 3rd year Expenditure Increase ( + ) Expenditure Reduction ( ) Revenue Enhancement { ) Pubhc Works Inspection Fee 488,753 537 628 591,391 Funding from Other Sources ( ) Expenditure Incr 9ases Subtotal 0 0 0 Expenditure Reductmn Subtotal 0 0 0 Revenue Enhancement Subtotal 488,753 537,628 591,391 Funding from Other Sources Subtotal 0 0 0 Total Program Funding Requirement -- 488,753 -537,628 -591,391 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE PAYMENT OF AN ADMINISTRATIVE PUBLIC WORKS INSPECTION FEE TO THE CITY FOR INSPECTION SERVICES PROVIDED BY THE CITY FOR PUBLIC IMPROVEMENTS CONSTRUCTED BY DEVELOPERS RELATED TO PRIVATE DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in some instances developers construct pubhc improvements which are related to private development, lncludmg without hmltatlon, when such public improvements are reqmred by Chapter 34 of the Code of Ordinances as condition of subdivision approval, and WHEREAS, the City incurs admlmstratlve expenses in inspecting such pubhc improvements whmh should be properly bom by the developer, and WHEREAS, the C~ty Council finds that ~t is m the public interest to require that the developer/applicant pay to the City an admlmstratlve inspection fee equal to 3 5% of the cost to construct such public ~mprovements, and WHEREAS, the City Council finds that such fee bears a reasonable relationship to the actual administrative costs incurred by the City to conduct such inspections, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SI~CTION 1 An Inspection Fee is hereby established ~n an amount equal to 3 5 % of the cost to construct pubhc improvements by developers, which must be pad to the City by the developer of such development prior to acceptance of the public ~mprovements by the City The cost to construct the public improvements is the cost set forth in the public improvements agreement between the City and the developer SECTION 2 This ordinance shall become effective immediately fi'om and after as passage and approval PASSED AND APPROVED thru the day of ,2000 EULINE BROCK, MAYOR JENNIFER WALTERS, CITY SECRETARY BY APPROVED A~qfi.TO LEGAL F/OR]VI Page 2 of 2 AGE~A INFO~ATION S~ETDate AGE~A DATE S~mb~ 5, 2000 DEP~E~ Fiscal & M~c~pal Seduces ACM Kathy D~osc ~ SUBYECT Conmder an ordinance approwng the ~alendar year 2001 ('CY2001") budgets for the use of Hotel Tax revenue by the Greater Denton Arts Council and the North Texas State Fair, and prowd~ng an effective date BACKGROUND The C~ty Council approved three year contracts for these two agenmes ~n 1998 The term of these contracts ~s January 1, 1999 through nudmght December 31, 2001 Th~s ~s the third year of that term Funding for calendar year 2001 ~s dependent upon budget approval by the C~ty Council PRIOR ACTION/REVIEW (Council, Boards, Commms~ons) The Hotel Occupancy Tax Committee reviewed all budget apphcaUons and are recommending the Hotel Tax revenue allocations to these Denton agencxes FISCAL INFORMATION Approved allocatton of $207,558 of Hotel Occupancy Tax Funds to these agencies for FY 2000-2001 Respectfully submitted D~n~ Ort~z D~rector of F~scal Operataons Prepared by Lee Ann Bunselmeyer Cash & Debt Administrator ORDINANCE NO AN ORDINANCE APPROVING THE CALENDAR YEAR 2001 ("CY2001") BUDGETS FOR THE USE OF HOTEL TAX REVENUE BY THE GREATER DENTON ARTS COUNCIL AND THE NORTH TEXAS STATE FAIR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the CY2001 budgets for the use of hotel tax revenue by the Greater Denton Arts Council and the North Texas State Fmr, attached as Exhibits A and B hereto, and incorporated by reference herein, are hereby approved, subj eot to the hm~tat~ons conta, ned within each ent~ty's currently ex~snng hotel tax contract with the C~ty of Denton, Texas SECTION II That th~s ordinance shall become effective lmme&ately upon ~ts passage and approval PASSED AND APPROVED rims the day of ~ 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT PROUd; Exh~b~ A GREATER DENTON ARTS COUNCIL BUDGET PROPOSAL PROGRAM YEAR 2001 REQUESTED PROGRAM/ACTIVITY AMOUNT Art - Ex.h~b~ti~)ns/Progmms Free pubhc exh~b~ons and programs 5,500 Art - Exhibitions/Promotions 5,500 Art - Adm~mstration (Salaries) 89,298 Art - Operah0ns Office fac~l~ty/propert;es 20,000 $ 120,298 *$120,298 ~ based upon a 4% increase from Year 2 of the current C~y/GDAC 3 year contract plus $1,000 prelected interest earnings Exhibit B NORTH TEXAS STATE FAIR BUDGET PROPOSAL PROGRAM YEAR 2001 REQUESTED PROGRAM/ACTIVITY AMOUNT ADVERTISING Telephone $ 3,656 Advertising *** 30,074 Postage *** 2,000 Prmtin~l *** 15,000 $ 50,730 ADMINISTRATION Salaries $ 28,706 Director & Secretary Utilities 5,200 Office supphes 1,044 Office equipment 2,580 copier, printer, up~mdes, etc $ 37,530 TOTAL $ 88 26O ***Exhibitor's Handbook, Rodeo Program, Brochure . AGENDA DATE September 5, 2000 DEPARTMENT Fiscal & Mumcipal Serrates ACM Kathy DuBose ~ SUBJECT Consider an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the following Hotel Occupancy Tax fund recipients for the payment and use of Hotel Tax revenue and prowdmg an effective date a) Denton Holiday Festtval f) Denton County Courthouse-On-The-Square b) Denton Community Theatre Museum c) Denton Festzval Foundauon g) Kiwanis d) Tejas Storytelling Assoclatmn h) Bayless-Selby House Museum e) Denton Black Chamber of Commerce 0 Denton Chamber of Commerce (Convention & Visitors Bureau) BACKGROUND A total of 16 applicants are being recommended to receive funding from Hotel Occupancy Tax funds Most of the existing recipients are proposed to receive at least the current contracted level of funding One organization, the Bayless-Selby House Museum, is a first time remplent Funding for all recipients will be considered on an annual basis PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax Committee rewewed all applications on June 26,2000 and is recommending the Hotel Tax revenue allocations to these Denton agencies FISCAL INFORMATION Approved allocation of $640,654 of Hotel Occupancy Tax Funds to these agencies for FY 2000-2001 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON HOLIDAY FESTIVAL ASSOCIATION, INC FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of wNch 1s attached hereto and made a part hereof SECTION II That tNs ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED tt~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON HOLIDAY FESTIVAL ASSOCIATION, INC (CY2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the Clty of Denton, Texas, a mumclpal corporation (the "CITY"), and the Denton Hohday Festival Assocmt~on, Inc, a legal entity incorporated under the laws of the State of Texas (the "ASSOCIATION") WHEREAS, Tex T^x CODe {}351 002 authorizes the CITY to levy by ordinance a mumclpal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the considerat~on paid by a hotel occupant, and WHEREAS, by ordinance, the CITY has prowded for the assessment and colleclaun of a murnclpal hotel occupancy tax m the City of Denton of seven percent (7%), and WHEREAS, T~x T^x CODe §351 101(a) authonzes the CITY to use revenue from its mumcipal hotel occupancy tax to promote tourism and the convenUon and hotel industry by advertising and conducting sohcltatmns and promolaonal programs to attract tourists and conventton delegates or registrants to the mumcipahty or its vietmty, and WI-IEREAS, the ASSOCIATION is well equipped to perform those activities, and WHEREAS, 'l~x T^x CODE §351 101(e) authonzes the CITY to delegate by contract with the ASSOCIATION, as an independent entity, the management and supervision of programs and aettVttles of the type described heremabove funded with revenue from the mumelpal hotel occupancy tax, NOW, THEREFORE, in conslderaUon of the performance of the mutual covenants and promises contained hereto, the CITY and the ASSOCIATION agree and contract as follows I. HOTEL TAX REVENUE PAYMENT 1 1 Consideration. For and m considerat~on of the actiwt~es to bc performed by the ASSOCIATION under tins Agreement, the CITY agrees to pay to the ASSOCIATION a po~on of the hotel tax revenue collected by the CITY at the rates and in the manner specified hereto (such payments by the CITY to the ASSOCIATION sometimes herein refereed to as the "agreed payments" or "hotel tax funds") 1 2 Amount of Payments. (a) As used m flus Agreement, the following terms shall have the following specific meamngs 0) The term "hotel tax revenue" shall mean the gross momes collected and received by the City as mumcipal hotel occupancy tax at the rate of seven percent (7%) of the pnee prod for a room in a hotel, pursuant to Texas Tax Code 351 002 and City Ordinance Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer (n) The term "Collection period" will mean the collection period for the CITY's fiscal year It will include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year 0n) The term "base payment mount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of tune 0 e, fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred dunng such relevant period of tune for costs of colleclaon or audmng of hotel taxpayers Attomey and and~tmg costs include fees prod to attorneys or agents not m the regular employ of the CITY for wfuch attorneys or agents effect comphance or collectaon of the hotel tax from taxpayers, and (2) court costs and other expenses incurred m lmgatton against or auditing of such taxpayers 0v) The term "contract quarter" shall refer to any quarter of the calendar year m wluch this Agreement is m force Contract quarters will end on March 31st, June 30~, September 30~, and December 31st of each contract year (b) In return for satisfactory performance of the activities set forth in tfus Agreement and all attachments hereto, the CITY shall pay to ASSOCIATION an amount of money in each contract year equal to the fixed contract amount of Seven Thousand Five Hundred Dollars ($7,500) Tfus amount will be divided into no more than two payments Each payment is subject to receipt of unused funds from the prior contract period and the receipt of the reqmred quarterly reports 1.3 Dates of Payments. (a) The term "payments" shall mean payments by the CITY to the ASSOCIATION of those amounts specified m ¶1 2, above, as determined by the hotel tax revenue collected (b) In return for the satisfactory performance of the activities set forth m this contract and all attachments thereto, CITY shall pay the ASSOCIATION the agreed payments specified m ¶1 2 above by no more than two payments, paying the iixed contract amount dunng the 1st and 2nd quarter of the calendar year Ifa secondhPayment is due, that payment shall be prod upon receipt of the reqmrod reports and after the 25t day following the last day of the contract quarter If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, the recipient may be held m breach of thru Agreement The CITY may w~thhold the quarterly payment(s) until the appropriate reports are received and approved, which approval shall not unreasonably be wltl~eld 1 4 Other hmitations regarding consideration (a) The fimding of this project In no way commits the CITY to future funding of this program beyond the current contract period Any future funchng is solely the responsibility of the ASSOCIATION ~Page 2 (b) It ts expressly understood that tins contract in no way obligates the General Fund or any other momes or credits of the CITY (c) CITY may withhold further allocations if CITY detenmnes that ASSOCIATION's expenditures devxate materially from their approved budget II USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by the CITY to the ASSOCIATION of the agreed payments of hotel tax funds specified above, the ASSOCIATION agrees to use such hotel tax funds only for advemsmg and conducting sohcltat~ons and promotional programs to attract tounsts and convenUon delegates or registrants to the munlclpahty or ~ts vacn'nty as authonzed by TEx T^x CODS §351 101(a) Funds for any calendar year winch are unused by mldmght December 31st of that year shall be refunded to CITY w~thm thu~ (30) days 2 2 Admin~strnflve Costs. The hotel tax funds received from the CITY by the ASSOCIATION may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other adrmmstrattve costs that are incurred chrectly m the performance by the ASSOCIATION of those actiwties specified m ¶2 1 above and are allowed by TEX TAX CODE §351 101(f) 2 3 Specific Restrictions on Use of Funds (a) That portton of total admanlstrative costs of the ASSOCIATION for wtueh hotel tax funds may be used shall not exceed that pornon of the ASSOCIATION's admn-ustrative costs actually recurred m conducting the actlXaties specified in ¶2 1 above (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an actlvtty the primary purpose of winch is not d~rectly related to the promotaon of local tourism and the conventton and hotel industry or the performance of the person's job in an efficient and professional manner IH RECORDKEEPING AND REPORTING REQUIREMENTS 3 1 Budget. (a) The ASSOCIATION shall prepare and submat to the C~ty Manager of the CITY an annual budget (see Exinblt "A") as approved by the C~ty Council for each calendar year, for such operations of the ASSOCIATION m winch the hotel tax funds shall be used by the ASSOCIATION Tins budget shall specifically identify proposed expenchtures of hotel tax funds by the ASSOCIATION In other words, the CITY should be able to aucht specifically where the funds m the separate account relating to hotel tax funds will be expended The CITY shall not pay to the ASSOCIATION any hotel tax revenues as set forth ~n Section I of tins contract dunng any fiscal year of tins Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenchture of funds Fmlure to subrmt an annual budget may be considered a breach of contract, and ~fnot remedied is considered grounds for termination of tins Agreement as stated in paragraph 4 2 Page 3 (b) The ASSOCIATION acknowledges that the approval of such budget by the Denton City Counml creates a fiduciary duty m the ASSOCIATION with respect to the hotel tax funds paid by the CITY to the ASSOCIATION under this Agreement The ASSOCIATION shall expend hotel tax funds only m the manner and for the purposes specified in ttus Agreement, TEx TAx CODE §351' 101(a) and m the budget as approved by the CITY 3 2 Separate Accounts. The ASSOCIATION shall mamtam any hotel tax funds paid to the ASSOCIATION by the CITY m a separate bank account with segregated accounting, such that any reasonable person can review the source of expenchtures of tax funds A bank reconclhat~on report (see Extub~t "B") is reqmred with each quarterly report 3 3 Financial Records The ASSOCIATION shall mmntam complete and accurate financial records of each expenchture of the hotel tax funds made by the ASSOCIATION These funds are reqmred to be classified as restricted funds for anchted financial proposes, and may not be used for suppo~ng sermcas, including, but not lmuted to, auchtmg fees and attorney's fees Upon reasonably advance written request of the Denton City Council, the City Manager or designate, or any other peraon, shall make such financial records available for inspection and review by the party making the request ASSOCIATION understands and accepts that all such financial records, and any other r~cords relating to tins Agreement shall be subject to the Pubhc Information Act, TEx GOV'T CODE, ch 552, as hereafter emended 3.4 Q~larterly R~ports. After lmtlal receipt of hotel tax funds, and wlttun ttnrty days after the end of every quarter thereafter, tmtll all funds have been expended and reported to the CITY, ASSOCIATION shall furmsh to CITY (1) a performance report of the work performed under ttus Agreement describing the actlvlUes performed pursuant to th~s Agreement during that contract quarter, (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEx TAx CODE §351 101(c), and (3) a copy of all financial records (eg, receipts, invoices, bank statements, and other relevant documentation) Both the performance and expenditure repo~ts will be m a form either det~mmed or approved by the City Manager or designate (see Exlublt "B") The ASSOCIATION shall respond promptly to any request from the City Manager of the CITY, or designate, for adrht~unal mformat~on relating to the actlvit~es performed under flus Agreement 3 5 Notice of Meetings. The ASSOCIATION shall gnve the City Manager of the CITY reasonable advance written notme of the time and place of all mectmgs of ASSOCIATION's Board of D~rectors, as well as any other meeting of any constituency of the ASSOCIATION at wtuch fins Agreement or any matter the subject of this Agreement shall be considered Tlus provision shall not be deemed to reqture the ASSOCIATION to give notice of any executive session of the Executive Comrmttee of the ASSOCIATION IV. TERM AND TERMINATION 4 1 Term. The term of ttus Agreement shall commence on January 1, 2001 and terminate at mldmght on December 31, 2001 Tlus term shall be a period of one year P~e4 4 2 Termination Without Cause (a) T'ms Agreement may be terminated by eather party, with or wathout cause, by gaving the other party sixty (60) days advance written not~ce (b) In the event this contract as terminated by eather party pursuant to Sectaon 4 2(a), the CITY agrees to reimburse the ASSOCIATION for any contractual obligations of the ASSOCIATION undertaken by the ASSOCIATION in satisfactory performance of those actavatles specified m ¶¶2 1 and 2 2 above and that were approved by the Council through the budget, as noted in ¶3 1 This reimbursement as condationed upon such contractual obhgations having been menrred and entered into in the good faith performance of those services contemplated in ¶¶2 1 and 2 2 above, and further condmoned upon such contractual obhgataons having a term not exceeding the full term of thas Agreement Notwithstanding any prowsion hereof to the contrary, the obhgation of the CITY to reimburse the ASSOCIATION or to assume the performance of any contractual obhgatlons of the ASSOCIATION for or under any contract entered into by the ASSOCIATION as contemplated herein shall not exceed 66 2/3% of the current quarterly payment (c) Further, upon termination pursuant to ¶4 2(a), the ASSOCIATION wall provade the CITY 1) Wtthm 10 business days from the termination notfficataon, a short-term budget of probable expenditures for the remaining 60 day period between termination notafication and contract termanatlon This budget will be presented to Council for approval within 10 business days after receipt by CITY If formal approval is not gaven wlttun 10 busaness days and the budget does not contmn any expenditures that would be prohibited by the Texas Tax Code, and is watlun the current contractual period approved budget, the budget will be consadered approved, 2) Within 30 days, a full accounting of all expendatures not prevaously audited by the Caty, 3) W~thln 5 business days of a request from the CITY, a hstang of expenditures that have occurred s~nce the last required reporting period, 4) a final accountang of all expenditures and tax funds on the day of termmatlon The ASSOCIATION will be obligated to return any unused funds or funds determined to be used amproperly Any use of remmmng funds by the ASSOCIATION al~er notfficataon of termmataon is condltaoned upon such contractual obhgations having been incurred and entered into in the good faith performance of those servaces contemplated m 2 1 and 2 2 above, and further conditioned upon such contractual obhgataons having a term not exceeding the full term of this Agreement 4 3 Automatic Termination Tbas Agreement shall automatmally terminate upon the occurrence of any of the following events (a) The terrmnataon of the legal existence of the ASSOCIATION, (b) The ansolvency of the ASSOCIATION, the filing of a petltaon in bankruptcy, either voluntarily or involuntarily, or an assignment by the ASSOCIATION for the benefit of creditors, (c) The continuation of a breach of any of the terms or condltaons of flus Agreement by eather the CITY or the ASSOCIATION for more than tlurty (30) days after written notice of such breach as glven to the breaclung party by the other party, or Page 5 (d) The ftulure of the ASSOCIATION to submit a financial quarterly report wtuch comphes w~th the reporting procedures reqmred hereto and generally accepted accounting pnnc~ples prior to the begmmng of the next contract term, or quarterly as reqmred by Section 1 3 hereof 4.4 Right to Immediate Termination Upon L~t~gation Notw~thstandang any other prows~onof ttus Agreement, to m~tagate damages and to preserve evidence and ~ssues for judac~al determination, e~ther party shall have the right to tenmnate tbas Agreement upon nnmechate notme to the other party m the event that any person has mstatuted btlgat~on concerning the activities of the non-terminating party, and the terminating party reasonably beheves that such activities are reqtured or prolub~ted undor ttus Agreement 4.5 In the event that th~s Agreement ~s terminated pursuant to ¶¶4 3 or 4 4, ASSOCIATION agrees to refund any and all unused funds, or funds determined by the CITY to have been used ~mproperly, within 30 days after tenmnat~on of th~s Agreement V GENERAL PROVISIONS 5 1 Subcontract for Performance of Serwees. Nothing in tins Agreement shall pmlub~t, nor be construed to prohtb~t, the agreement by the ASSOCIATION w~th another private entity, person, or orgamzat~on for the performance of those services described ~n ¶2 1 above In the event that the ASSOCIATION enters into any arrangement, contractual or otherwise, w~th such other entity, person or orgamzat~on, the ASSOCIATION shall cause such other entity, person, or orgamzat~on to adhere to, conform to, and be subject to all provisions, terms, and conditions ofthts Agreement and to TEX TAX CODE ch 351, ~ncludmg reporting reqmrements, separate funds maintenance, and hmatat~ons and probab~ttons pertmnmg to expenditure of the agreed payments and hotel tax funds 5 2 Independent Contractor The ASSOCIATION shall operate as an independent contractor as to all serwces to be performed under tlus Agreement and not as an officer, agent, servant, or employee of the CITY The ASSOCIATION shall have exclusive control of ~ts operattons and performance of sermces hereunder, and such persons, ent~t~es, or orgamzat~ons performing the same and the ASSOCIATION shall be solely responsible for the acts and omlss~ons of its darectors, officers, employees, agents, and subcontractors The ASSOCIATION shall not be considered a partner or joint venturer w~th the CITY, nor shall the ASSOCIATION be considered nor ~n any manner hold ~tself out as an agent or official representative of the CITY 53 Inflemnffieat~on. THE ASSOCIATION AGREES TO INDEMNIFY, HOLD HARMLESS~ AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE ASSOCIATION OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF ASSOCIATION, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES Page 6 5 4 Assignment. The ASSOCIATION shall not assign flus Agreement without first obtaining the written consent of the CITY 5 5 Notice. Any notme reqmred to be given under tbas Agreement or any statute, ordinance, or regulation, shall be effective when g~ven m writing and deposited m the Umted States marl, certified marl, return receipt requested, or by hand-dehvery, addressed to the respective parttes as follows CITY ASSOCIATION Clty Manager Yvonne Jenkins City of Denton Denton Holiday Festival Foundation, Inc 215 E McKmney P O Box 2765 Denton, TX 76201 Denton, Texas 76202-2765 5 6 Inurement. Thts Agreement and each provision hereof, and each and every right, duty, obhgataon, and habthty set forth hereto shall be binding upon and inure to the benefit and obligation of the CITY and the ASSOCIATION and their respective successors and assigns 5 7 Application of Laws. All terms, conditions, and provisions of this Agreement are subj eot to all appheable federal laws, state laws, the Charter of the C~ty of Denton, all ordinances passed pursuant thereto, and alljuchclal determmations relative thereto 5 8 Exelnsive Agreement Tlus Agreement contains the entire understanding and constitutes the enUre agreement between the pames hereto concerning the subject matter contamed herein There are no representations, agreements, arrangements, or understandings, oral or written, express or nnphed, between or among the parties hereto, relating to the subject matter of tins Agreement, which are not fully expressed herein The terms and conditions of flus Agreement shall prev~ul notwithstanding any variance in tins Agreement from the terms and conditions of any other document relating to fins transaction or these transactions 5 9 Duplicate Originals. Tins Agreement is executed m duphcate originals 5 10 Iteadlngs The headings and subheadings of the vinous sections and paragraphs of flus Agreement are inserted merely for the purpose of convemence and do not express or tmply any lirmtat~on, defimtlon, or extension of the specffic terms of the section and paragraph so designated 5 11 Severnblllty. If any section, subsection, paragraph, sentence, clause, phrase or word m rims Agreement, or apphcat~on thereof to any person or circumstance is held invalid by any court of competent junsdictmn, such holding shall not affect the validity of the remmnmg portions of tins Agreement, and the parttes hereby declare they would have enacted such remaining portions despite any such invalidity ~P, age 7 EXECUTED fins day of ~ 2000 THE CITY OF DENTON, TEXAS By EULINE BROCK, MAYOR ATTEST By__ JENNIFER WALTERS, CITY SECRETARY CITY ATTORNEY DENTON FESTIVAL 1NC ATTEST By ~(~_~(~~ By Secretary Page 8 Exhibit A DENTON HOLIDAY FESTIVAL BUDGET PROPOSAL PROGRAM YEAR 200't REQUESTED PROGRAM/ACTIVITY AMOUNT ADVERTISING Newspaper Hohday L~ght~ng Events 2,500 Brochures Hohday Light~ng Events 500 Advertisll~l Postcards,Mu~ls,Sweatshirts 1,000 $ 4,000 ART L~ght~ng Maintenance Year round CHOS Trees 1,500 Arbsts Brave Combo annual concert 2,000 $ 3,500 TOTAL $ 7~500 Exhibit B DENTON HOLIDAY FESTIVAL ASSOCIATION FINANCIAL REPORT Program Year 2001 1ST 2ND 3RD 4TH YEAR BUDGET QUARTER QUARTER QUARTER QUARTER to vs DATE ACTUAL $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $7,500 0 0 0 0 0 0 $0 $0 $0 $0 $0 $7,500 $0 $0 $0 $0 $0 $2,500 0 0 0 0 0 0 0 0 0 0 0 500 $0 $0 $0 $0 $0 $4,000 $0 $0 $0 $0 $0 $1,500 0 0 0 0 0 2,000 $0 $0 $0 $0 $0 $3,50o $0 $0 $0 $0 $0 $7,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $o $o $o $o $o $o 0 0 0 0 0 0 0 0 0 0 0 0 $o $o $o $o $o $o Date Submitted Program Director ORDiNANCE NO AN ORDiNANCE AUTHORIZiNG THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COMMUNITY THEATRE, 1NC, FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Community Theatre, Inc for the payment and use of hotel tax revenue, under the terms and condlttons contained tn the agreement, a copy of which 1s attached hereto and made a part hereof SECTION II That th~s ordinance shall become effective tmmed~ately upon its passage and approval PASSED AND APPROVED fins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L ~~Y AT.NEY AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COMMUNITY THEATRE, INC (CY2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the C~ty of Denton, Texas, a mummpal corporation (the "CITY"), and the Denton Commumty Theatre, Inc, a legal enUty ~ncorporated under the laws of the State of Texas (the "THEATRE") WHEREAS, Tsx TAX Coo~- {}351 002 authorizes the CITY to levy by ordinance a mumc~pal hotel occupancy tax ("hotel tax') not excecd~ng seven percent (7%) of the cons~deratton prod by a hotel occupant, and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a mumc~pal hotel occupancy tax m the C~ty of Denton of seven percent (7%), and WHEREAS, TI~x TAX Coos {}351 101(a) authorizes the CITY to use revenue from ~ts mumc~pal hotel occupancy tax to promote tourism and the eonven~non and hotel industry by adver~sm$ and conducting sohc~tattons and promotional programs to attract tourists and convention delegates or registrants to the mumctpal~ty or ~ts wcunty, and the encouragement, promotion, ~mpmvement, and apphcat~on of the arts melurhng instrumental and vocal music, dance, drama, folk art, creative writing, arelutecture, design and alhed fields, pmntlng, sculpture, photography, grapbnc and craft arts, morton p~ctures, rarho, telems~on, tape and sound recording, and other arts related to the presentatton, performance, execution, and exlub~tlon of these major art forms, and WHEREAS, the THEATRE ~s well eqmpped to perform those activities, and WHEREAS, Tsx TAX Coos §351 101(c) authorizes the CITY to delegate by contract w~th the THEATRE, as an independent entity, the management and supermsmn of programs and actuwt~es of the type described heremabove funded with revenue from the mumc~pal hotel occupancy tax, NOW, THEREFORE, ~n consideration of the performance of the mutual covenants and promises contained hereto, the CITY and the THEATRE agree and contract as follows I. HOTEL TAX REVENUE PAYMENT 1 1 Consideration For and m consideration of the actlwt~es to be performed by the THEATRE under tlus Agreement, the CITY agrees to pay to the THEATRE a portxon of the hotel tax revenue collected by the CITY at the rates and m the manner spemfied hereto (such payments by the CITY to the THEATRE sometunes hereto referred to as the "agreed payments" or "hotel tax funds") 1 2 Amount of Payments. (a) As used ~n this Agreement, the following terms shall have the followxng spectfic meamngs (0 The term "hotel tax revenue" shall mean the gross momes collected and recexved by the C~ty as municipal hotel occupancy tax at the rate of seven percent (7%) of the price prod for a room m a hotel, pursuant to Texas Tax Code 351 002 and Cxty Ordmance Hotel tax revenue will ~nclude penalty and ~nterest related to the late payments of the tax revenue by the taxpayer (n) The term "Collectaon period" will mean the collection period for the CITY's fiscal year It will include hotel tax revenue due to the C~ty for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year (m) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time 0 e, fiscal year or fiscal quarter), less (1) attorney and auditing costs tncurred during such relevant period of tune for costs of collectaon or auditing of hotel taxpayers Attorney and anchtmg costs include fees prod to attorneys or agents not m the regular employ of the CITY for wtuch attorneys or agents effect comphance or collection of the hotel tax from taxpayers, and (2) court costs and other expenses incurred in htagat~on agmnst or auditing of such taxpayers 0v) The term "contract quarter" shall refer to any quarter of the calendar year m wtuch fins A.~'eement ~s m force Contract quarters will end on March 31st, June 30~, September 30"', and December 31st of each contract year (b) In return for satisfactory performance of the act~wtles set forth ~n th~s Agreement and all attachments hereto, the CITY shall pay to THEATRE an amount of money in each contract year equal to the lesser amount of One and S~xty-E~ght One Hundredths percent (1 68%) of the annual base payment amount or the fixed contract amount of E~ghteen Thousand Dollars ($18,000) Th~s amount will be dlmded into quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show w~th reasonable certainty that the annual base payment amount will be less than originally estimated for the fiscal year The fourth quarterly payment will represent 25% of the fixed contract amount or the unpaid remmnder of 1 68% of the base payment amount, whichever ~s less Each quarterly payment ~s subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports 1 3 Dates of Payments. (a) The term "quarterly payments" shall mean payments by the CITY to the THEATRE of those amounts specffied m ¶1 2, above, as determined by the hotel tax revenue collected (b) Each quarterly payment shall be prod upon receipt of the reqmred reports and after the 25th day following the last day of the contract quarter If quarterly financial and performance reports are not recexved w~ttun finrty (30) days of the end of the apphcable contract quarter, the remplent may be held m breach of fins Agreement The CITY may w~thhold the quarterly payment(s) until the appropriate reports are received and approved, which approval shall not unreasonably be w~thheld P~e2 1.4 Other flmitations regarding consideration. (a) The funding of this project tn no way commtts the CITY to future fundtng of LMs program beyond the currant contract period Any future funding ts solely the responstbthty of the THEATRE (b) It ts expressly understood that flus contract tn no way obhgates the General Fund or any other momes or erechts of the CITY (e) CITY may withhold further allocattons tf CITY determines that THEATRE's expandltures dexaate materially from thetr approved budget II. USE OF HOTEL TAX REVENUE 2 1 Use of Funds. For and tn conslderatton of the payment by the CITY to the THEATRE of the agreed paymants of hotel tax funds sp~ffied above, the THEATRE agrees to use such hotel tax funds only for advertising and conducting sohcltat~ons and pmmolaonal programs to attract tounsts and conventaon delegates or registrants to the municipality or lt8 vtcmtty by the ancouragement, promolaon, maprovemant, and apphcatton of the arts tneluchng mstrumantal and vocal music, dance, drama, folk art, creative writing, areluteeture, destgn and alhed fields, pamtmg, sculpture, photography, grapluc and cnffi arts, motion pictures, radio, television, tape and sound recorchng, and other arts related to the presantatton, performance, exeeutton, and exhtbttlon of these major art forms, as authorized by T~x TAX CODP~ {}351 101(a) (3) 8, (4) Funds for any calendar year wfueh are unused by rmdmght December 31st of that year shall be refunded to CITY wttlun thirty (30) days 2 2 Adrainistrative Costs. The hotel tax funds recetved from the CITY by the THEATRE may be spant for day-to-day operataons, supphes, salaries, office rental, travel expanses, and other admlmstrattve costs that are tneurred rhreetly m the performance by the THEATRE of those actavltaes specffied m ¶2 1 above and are allowed by TEX T^x CODE § 351 101 (f) 2 3 Specific Restrieaons on Use of Funds. (a) That posen of total adrmmstrattve costs of the THEATRE for wtuch hotel tax funds may be used shall not exceed that portion of the THEATRE's admunstratlve costs actually tncurred tn conducting the activities specffied tn ¶2 1 above (b) Hotel tax funds may not be spant for travel for a person to attend an evant or conduct an aetawty the primary purpose ofwtueh ts not d~reetly related to the promotaon of local tourism and the conventmn and hotel industry or the performance of the person's job m an effictant and professional manner IlL RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) The THEATRE shall prepare and subn~t to the Ctty Manager of the CITY an annual budget (see Exlablt "A") as approved by the Ctty Council for each calandar year, for such q~age 3 operations, of the THEATRE m wluch the hotel tax funds shall be used by the THEATRE Tlus budget shall specafically ~dent~fy proposed expenditures of hotel tax funds by the THEATRE In other words, the CITY should be able to audit specafically where the funds m the separate account ralatmg tolhotel tax funds w~ll be expended The CITY shall not pay to the THEATRE any hotel tax revenues as set forth m SecUon I of flus eon~ract dunng any fiscal year of flus Agreement unless a budget for such respective fiscal year has been approved an writing by the Denton Caty Council anthonzmg the expenditure of funds Fmlure to submat an annual budget may be consadered a breach of con~ract, and af not remedied as considered grounds for tenmnataon of flus Agreement as stated an paragraph 4 2 Co) The THEATRE acknowledges that the approval of such budget by the Denton Caty Couucll creates a fiducaary duty m the THEATRE w~th respect to the hotel tax funds paid by the CITY to the THEATRE under flus Agreement The THEATRE shall expend hotel tax funds only m the manner and for the purposes specafied m flus Agreement, Tsx TAx Coos §351 101(a) end m the budget as approved by the CITY 3.2 Separate Aeeoun~. The THEATRE shall mmntam any hotel tax funds pa~d to the THEATRE by the CITY m a separate bank account wath segregated accounting, such that any reasonable peri, on can review the source of expenditures of tax funds A bank recoucallat~on report (see Exlub~t "B") as reqtured w~th each quarterly report 3.3 Finaneial Reenrds. The THEATRE shall mamtmn complete and accurate financml records of each expenditure of the hotel tax funds made by the THEATRE These funds are requared tO be classafled as resmcted funds for audited financml purposes, end may not be used for supporting serwces, including, but not lma~ted to, auditing fees and attorney's fees Upon reasonably advance written request of the Denton C~ty Council, the City Manager or desagnate, or any other person, shall make such financaal records available for mspecUon and rewew by the party makang the request THEATRE understands and accepts that all such financaal ~cords, and any other records relating to tlus Agreement shall be subject to thc Pubhc Information Act, Tsx GOV'T Coos, ch 1552, as hereafter amended 3 4 Quarterly Reports. After untaal receipt of hotel tax funds, and wathm ~ days after the end of every quarter thereafter, until all funds have been expended and reported to the CITY, THEATRE shall furmsh to CITY (1) a performance report of the work performed under ttus Agreement describing the actlwtles performed pursuant to flus Agreement dunng that contract quarter, (2) a hst of the expenditures made w~th regard to hotel tax funds pursuant to Tsx TAX Coos §351 101(c), and (3) a copy of all financial records (e g, receapts, anvoaces, bank statements, and other relevant documentation) Both the performance and expenditure reports w~ll be m a form eather detemuned or approved bythe Caty Manager or designate (see Exbablt "B") The THEATRE shall respond promptly to any request from the C~ty Manager of the CITY, or desagnate, for additional, mformat~on relating to the act~vataes performed under flus Agreement 3.5 NOtice of Meetings. The THEATRE shall gxve the C~ty Manager of the CITY reasonable advance written not,ce of the t~me end place of all meetings of THEATRE's Board of Darectors, as well as any other meeting of any constatuency of the THEATRE at wbach tbas Agreement or any matter the subject of flus Agreement shall be cous~dered Tbas provision shall not be deemed to Page 4 requtre the THEATRE to give not, ce of any executive session of the Executive Committee of the THEATRE IV. TERM AND TERMINATION 4 1 Term. The term of this Agreement shall commence on January 1, 2001 and terminate at mldmght off Dacember 31, 2001 Tlus term shall be a period of one year 4 2 Ternunation Without Cause (a) Ttus Agreement may be terunnated by either party, w~th or wathout cause, by glwng the other party s~xty (60) days advance written not,ce (b) In the event this contract as termanated by e~ther party pursuant to Sectton 4 2(a), the CITY agrees to reimburse the THEATRE for any contractual oblagat~ons of the THEATRE undertaken by the THEATRE m satasfactory performance of those acttvataes specafied ~n ¶¶2 1 and 2 2 above and that were approved by the Coimcll through the budget, as noted m ¶3 1 This reimbursement ~s conditioned upon such contractual obhgatlons havmg been mcurred and entered into m the good faith performance of those serwces contemplated an ¶¶2 1 and 2 2 above, and further conOJt~oned upon such contractual obhgat~ons having a term not exceeding the full term of this Agreement Notwithstanding any provision hereof to the contrary, the obhgat~on of the CITY to reimburse the THEATRE or to assume the performance of any contractual obllgat~on$ of the THEATRE for or under any contract entered into by the THEATRE as contemplated hereto shall not exceed 66 2/3% of the current quarterly payment (c) Further, upon ternunat~on pursuant to ¶4 2(a), the THEATRE will prowde the CITY l) Within 10 busmess days from the termanatlon notaficataon, a short-term budget of probable expenditures for the remaimng 60 day period between termination notification and contract termination This budget will be presented to Councal for approval wath~n 10 busmess days after receipt by CITY If formal approval ~s not given wathln l0 business days and the budget does not contain any expenditures that would be proh~bated by the Texas Tax Code, and ~s w~thm the current contractual period approved budget, the budget wall be considered approved, 2) W~ttun 30 days, a full aceounttng of all expenditures not prevaously audited by the C~ty, 3) W~tlun 5 business days of a request from the CITY, a hstmg of expenditures that have occurred since the last requared reporting period, 4) a final accountang of all expenditures and tax funds on the day of termination The THEATRE wall be obhgated to remm any unused funds or funds determined to be used amproperly Any use of remalnang funds by the THEATRE after notafieatmn of termination is eondtt~oned upon such contractual oblagatlons having been ancurred and entered tutu an the good faith performance of those services contemplated an 2 1 and 2 2 above, and further eonchtloned upon such contractual obhgataons having a term not exceeding the full term of flus Agreement 4 3 Automatic Termination This Agreement shall automatically termmate upon the occurrence of any of the followang events (a) The termination of the legal existence of the THEATRE, Page 5 (b) The insolvency of the THEATRE, the filing of a petition in bankruptcy, either vohintanly or involuntarily, or an assignment by the THEATRE for the benefit of crethtors, (e) The eontmuataon of a breach of any of the terms or conditions of this Agreement by either the CITY or the THEATRE for more than thirty (30) days a~er written notice nf such breach is given to the breaching party by the other party, or (d) The fafinre of the THEATRE to submit a financial quarterly report wbach comphes with the repomng procedures required herein and generally accepted aceountmg pnnc~ples prior to the begmmng of the next contract term, or quarterly as required by Section 1 3 hereof 4.4 Right to Immediate Termination Upon Litigation Notwithstanding any other provision of fins Agreement, to mitigate damages and to preserve evidence and issues for judicial determmat~on, either party shall have the right to terminate tbas Agreement upon ~mmedmte notate to the other party m the event that any person has lnstatuted htigation concerning the act~vmes of the non-terminating party, and the terminating party reasonably beheves that such activities are reqtured or prohibited under fins Agreement 4 5 In the event that this Agreement is tenmnated pursuant to ¶¶4 3 or 4 4, THEATRE agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, withm 30 days after termination of this Agreement V GENERAL PROVISIONS 5 1 Subeuntraet for Performance of Services Nothing in this Agreement shall probab~t, nor be construed to prohibit, the agreement by the THEATRE with another private entity, person, or organization for the performance of those servaees desenbed in ¶2 1 above In the event that the THEATRE enters mto any an'angement, contractual or other~vlse, w~th such other entity, person or orgamzataon, the THEATRE shall cause such other entity, person, or orgamzation to adhere to, conform to, and be subject to all provaslons, terms, and conditions of fins Agreement and to T~x T^x Cove ch 351, including reporting requirements, separate funds mamtenanee, and hrmtat~ons and prohibllaons pertaining to expenchture of the agreed payments and hotel tax funds 5.2 Independent Contractor. The THEATRE shall operate as an independent contractor as to all services to be performed under fins Agreement and not as an officer, agent, servant, or employee of the CITY The THEATRE shall have exclusive control of its operations and performance of services hereunder, and such persons, entitles, or orgamzatlons performing the same and the THEATRE shall be solely responsible for the acts and omissions of ~ts d~rectors, officers, employees, agents, and subcontractors The THEATRE shall not be considered a partner or joint venturer w~th the CITY, nor shall the THEATRE be considered nor m any manner hold ~tself out as an agent or official representative of the CITY 5.3 Indemnification. THE THEATRE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE THEATRE OR THOSE Page 6 SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMSIOR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF THEATRE, ITS OFFICERS, EMPLOYEES, AGENTS~ SUBCONTRACTORS, LICENSEES AND INVITEES. 5 4 Assignment. The THEATRE shall not assign tins Agreement without first obtaining the written consent of the CITY 5.5 Notice. Any nottce required to be g~ven under flus Agreement or any statute, ordinance, or regulation, shall be effective when gdven m writing and deposited m the Umted States marl, cemfied moal, return receipt requested, or by hand-dehvery, addressed to the respective parties as follows CITY THEATRE C~ty Manager Denton Commtm~ty Theatre, Inc C~ty of Denton Scott Wilkinson 215 E McKnmey 214 W Hmkory Denton, TX 76201 P O Box 1931 Denton, Texas 76202-1931 5 6 Inurement. Ttus Agreement and each prows~on hereof, and each and every right, duty, obhgatton, and habahty set forth hereto shall be binding upon and mum to the benefit and obligation of the CITY and the THEATRE and their respective successors and assigns 5 7 Application of Laws. All terms, concht~ons, and prows~ons of flus Agreement are subject to all apphcable federal laws, state laws, the Charter of the Ctty of Denton, all ordinances passed pursuant thereto, and all judicial detenmnat~ons relative thereto 5.8 Exclusive Agreement. Tlus Agreement contmns the enttre understanding and constitutes the entire agreement between the par~les hereto concerning the subject matter contained hereto There are no representataons, agreements, arrangements, or understandings, oral or written, express or ~mphed, between or among the paraes hereto, relating to the subject matter of this Agreement, wbach are not fully expressed hereto The terms and conditions of this Agreement shall prevail notw~thstanahng any variance ~n flus Agreement fi~om the terms and conditions of any other document relating to flus transaction or these t~nsaet~ons 5 9 Duplicate Originals Th~s Agreement ~s executed ~n duphcate originals 5 10 Headings The headings and subhea&ngs of the vanous sections and paragraphs of flus Agreement are inserted merely for the purpose of convemenee and do not express or ~mply any hnmat~on~ defimtmn, or extension of the specific terms of the section and paragraph so designated 5 11 Severablht~ If any section, subsection, paragraph, sentence, clause, phrase or word ~n thts Agreement, or apphcat~on thereof to any person or c~rcumstance ~s held mvahd by any court of competent junsdactmn, such holding shall not affect the validity of the remaining po~ons of flus Page 7 Agreement, and the part~es hereby declare they would have enacted such remmmng pomons despite any such mvahd~ty 5 12 Insurance. The THEATRE shall proxade lmurance as follows 1 $500,000 Commercial General L~ab~hty, or $1,000,000 Event Insurance, covermg all events takmg place on C~ty-owned property 2 Statutory Workers' Compensation and Employers' Llabthty ($100,000/$500,000/$100,000) The CITY must be named as an addttmnal ~nsured on all pohc~es (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY EXECUTED ttus __ day of ,2000 THE CITY OF DENTON, TEXAS By EULINE BROCK, MAYOR ATTEST AP PR~~ DENT; C~~AT~, INC  (rma~Dtrector ATTEST AP/FROVED AS TO LEGAL FORM By Secretary ~BBy ~Page 8 Exhibit A DENTON COMMUNITY THEATRE BUDGET PROPOSAL PROGRAM YEAR 2001 REQUESTED PROGRAM/ACTIVITY AMOUNT ADVERTISING Advertis~ng for DCT 9,000 Promotion of P~ed p~per 3,000 Advertising for Campus Theatre 3,000 Advertis~ng Minority Production 3,000 $ 18,000 Exhibit B DENTON COMMUNITY THEATRE FINANCIAL REPORT Program Year 2001 1ST 2ND 3RD 4TH YEAR BUDGET QUARTER QUARTER QUARTER QUARTER to vs DATE ACTUAL $o $o $o $o $o $o S0 $o $0 $0 $0 S18,000 0 0 0 o 0 o $o $o $o $o $o $18,ooo $0 $0 $0 $0 $0 9,000 0 0 0 0 0 3,000 0 0 0 0 0 3,000 0 0 0 0 0 3,000 $0 $0 $0 $0 $0 $18,000 $0 $0 $0 $0 $0 $18,000 SO $o $o $o $o $o So $o $o $o SO $o $o $o $o $o $o $o 0 0 0 0 0 0 0 0 0 0 0 0 SO $o $o $o $o $o $o $o $o $o $o $o Program Director ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby anthonzed to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof SECTION II That this 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 HE~O~TY, C IT~I~ORNEY AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION (CY2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEIVIENT made between the C~ty of Denton, Texas, a mumc~pal corporation (the "CITY"), end the Denton Festival Foundation, [nc a legal entity ~ncorporated under the laws of the State of Texas (the "FOUNDATION") WHEREAS, T£x TAX CODS §351 002 authonzes the CITY to levy by ordinance a mumc~pal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the enus~derataon prod by a hotel occupant, and WHEREAS, by ordinance, the CITY has prowded for the assessment and collection of a mumc~pal hotel occupancy tax m the C~ty of Denton of seven percent (7%), and WHEREAS, TEx TAX CODE §351 101(a) authorizes the CITY to use revenue from ~ts mume~pal hotel occupancy tax to promote tourism and the conventton and hotel industry by advertising and ennduetmg sohc~tat~ons and promotmnal programs to attract tourists and conventton delegates or reg~stnmts to the mumc~pahty or ~ts xactmty, and WHEREAS, the FOUNDATION ~s well eqmpped to perform those act~wt~es, and WHEREAS, TEx T^x Coos §351 101(c) authorizes the CITY to delegate by contract w~th the FOUNDATION, as an independent entity, the management and superv~smn of programs and act~mt~es of the type described heremabove funded wroth revenue from the mumc~pal hotel occupancy tax, NOW, THEREFORE, ~n cons~deratmn of thc performance of the mutual covenants and promises contained hereto, the CITY and the FOUNDATION agree and contract as follows I HOTEL TAX REVENUE PAYMENT I I Consideration. For and m consideration of the act~wt~es to be performed by the FOUNDATION under tins Agreement, the CITY agrees to pay to the FOUNDATION a port~on of the hotel tax revenue collected by the CITY at the rates and m the manner specified hereto (such payments by the CITY to the FOUNDATION sometimes hereto referred to as the "agreed payments" or "hotel tax funds") 1 2 Amount of Payments (a) As used m flus Agreement, the followtng terms shall have the following speelfiC meanings (0 The term "hotel tax revenue" shall mean the gross momes collected and received by the Caty as mumc~pal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room ~n a hotel, pursuant to Texas Tax Code 351 002 and Caty Orchnance Hotel tax revenue wxll ~nclude penalty and interest related to the late payments of the tax revenue by the taxpayer 01) The term "Collectton period" will mean the collection period for the CITY's fiscal year It will mclude hotel tax revenue due to the Cxty for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year 0~0 The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of tune (t e, fiscal year or fiscal quarter), less (1) attorney and and~tmg costs recurred during such relevant period of tune for costs of collection or andxtmg of hotel taxpayers Attorney and audttmg costs include fees pa~d to attorneys or agents not m the regular employ of the CITY for wlueh atlomeys or agents effect comphance or collection of the hotel tax from taxpayers, and (2) court costs and other expenses meurred m ht~gat~un agmnst or auchtmg of such taxpayers 0v) The term "eonl~tet quarter" shall refer to any quarter of the calendar year m wtuch tlus Agreement ~s m force Contract quarters w~ll end on March 31st, June 30th, September 30~, and December 318t of each contract year Co) In return for satisfactory performance of the act~wt~es set forth m th~s Agreement and all attachments hereto, the CITY shall pay to FOUNDATION an amount of money ~n each contract year equal to the lesser amount of Seven and Forty-Fxve One Hundredths percent (7 45%) of the annual base payment amount or the fixed contract amount of E~ghty Thousand Dollars ($80,000) Ttus amount w~ll be dxwded rote quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show with reasonable certamty that the annual base payment amount w~ll be less than originally esttmated for the fiscal year The fourth quarterly payment w~lt represent 25% of the fixed contract amount or the unpmd remmnder of 7 45% of the base payment amount, whichever is less Each quarterly payment ~s subject to receipt of unused funds from the prior contract period and the receipt of the reqmred quarterly reports 1 3 Dates of Payments. (a) The term "quarterly payments" shall mean payments by the CITY to the FOUNDATION of those amounts specified m ¶1 2, above, as detemuned by the hotel tax revenue collected (b) Each quarterly payment shall be pard upon recexpt of the reqmred reports and after the 25th day follovong the last day of the contract quarter If quarterly financxal and performance reports are not received wthm thu'ty (30) days of the end of the apphcable contract quarter, the recipient may be held m breach of tins Agreement The CITY may w~thhold the quarterly payment(s) until the apprepnate reports are received and approved, wluch approval shall not unreasonably be w~thheld ~age 2 ] 4 Other limitations regarding consideration, (a) The funding of this project m no way commits the CITY to future funding of tins program beyond the current contract period Any future fun&ng is solely the responsibility of the FOUNDATION Co) It ~s expressly understood that tins contract ~n no way obhgates the General Fund or any other momes or crechts of the CITY (c) CITY may withhold further allocations ~f CITY determines that FOUNDATION's expenthmres deviate materially flora their approved budget II. USE OF HOTEL TAX REVENUE 2 1 Use of Funds. For and in cons~derataon of the payment by the CITY to the FOUNDATION of the agreed payments of hotel tax funds specified above, the FOUNDATION agrees to use such hotel tax funds only for advertising and conducting sohcltattons and promotional programs to attract tourists and convention delegates or registrants to the mumclpahty or its vactmty as anthonzed by Tex T^x CoI~ {}351 101(a) Funds for any calendar year wluch are unused by nudmght December 31st of that year shall be refunded to CITY within thirty (30) days 2.2 Administrative Costs. The hotel tax funds received from the CITY by the FOUNDATION may be spent for day-to-day operations, supphes, salaries, office rental, travel expenses, and other admlmstrat~ve costs that are recurred dtrectly m the performance by the FOUNDATION of those activities specffied m ¶2 1 above and are allowed by Tex TAX COl)~ §351 101(f) 2.3 Specific Restrictions on Use of Funds. (a) That portion of total adrmmstratlve costs of the FOUNDATION for wbach hotel tax funds may be used shall not exceed that portion of the FOUNDATION's admmastrat~ve costs actually recurred m conducting the act~xaties spemfied in ¶2 1 above (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an aettvlty the primary purpose of wtuch is not dtrectly related to the promotion of local tourism and the conventaon and hotel mdnstry or the performance of the person's job m an efficient and professional manner III. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) The FOUNDATION shall prepare and submit to the City Manager of the CITY an annual budget (see Exlublt "A") as approved by the City Council for each calendar year, for such operations of the FOUNDATION in wbach the hotel tax funds shall be used by the FOUNDATION This budget shall specifically identify proposed expenditures of hotel tax funds by the FOUNDATION In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended The CITY shall not pay to the FOUNDATION any hotel tax revenues as set forth in Section I of ttus contract during any fiscal Page 3 year offlu~ Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authonzmg the expenditure of funds Fmlure to subnut an annual budget may be considered a breach of contract, and if not remeched is considered grounds for ternunatton of flus Agreement as stated m paragraph 4 2 Co) The FOUNDATION acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the FOUNDATION with respect to the hotel tax funds pa~d by the CITY to the FOUNDATION under flus Agreement The FOUNDATION shall expend hotel tax funds only m the manner and for the purposes spemfied in flus Agreement, TEX TAX CODE §351 101 (a) end in the budget as approved by the CITY 3.2 Separate Accounts. The FOUNDATION shall mamtatn any hotel tax funds poad to the FOUNDATION by the CITY in a separate bank account with segregated accounting, such that any reasonable person can remew the source of expenthtures of tax funds A bank reconcthat~on report (see Exlublt "B") is required wath each quarterly report 3.3 Fi~anelal Records. The FOUNDATION shall mmmam complete and accurate financial records of each expenthture of the hotel tax funds made by the FOUNDATION These funds are reqmred to be classified as restricted funds for authted financial purposes, and may not be used for supporting serrates, including, but not hmlted to, authtmg fees and attorney's fees Upon reasonably advance written request of the Denton City Council, the City Manager or designate, or any other person, shall make such financial records avmlable for inspection and review by the party making the request FOUNDATION understands and accepts that all such financial records, and any other records relating to flus Agreement shall be subject to the Public Information Act, TEX GOV'T CODE, ch 552, as hereafter emended 3.4 Qunrterly Reports Within thn'ty days at~er the end of every contract quarter, FOUNDATION shall furmsh to CITY (1) a performance report of the work performed under flus Agreement descnbmg the act~vit~es performed pursuant to ttus Agreement during that contract quarter, (2) a hst of the expenditures made w~th regard to hotel tax funds pursuant to TEX TAX CODE §351 101(c), and (3) a copy of all financial records (e g. receipts, lnvomes, bank statements, and other relevant documentation) Both the performance and expenditure reports will be m a form either determined or approved by the City Manager or designate (see Exlubit "B") The FOUNDATION shall respond promptly to any request from the City Manager of the CITY, or designate,, for additional mformat~on relating to the activities performed under flus Agreement 3.5 Notice of Meetings. The FOUNDATION shall give the City Manager of the CITY reasonable advance written nottce of the tune and place of all meetings of FOUNDATION's Board of Dtrectors, as well as any other meeting of any constituency of the FOUNDATION at wluch flus Agreement or any matter the subject of flus Agreement shall be considered Tlus promslon shall not be deemed to reqmre the FOUNDATION to g~ve notme of any executive session of the Executive Comrmttee of the FOUNDATION IV. TERM AND TERMINATION 4 1 Term. The term of flus Agreement shall commence on January 1, 2001 and terminate at mldmght on December 31, 2001 This term shall be a period of one year Page 4 4.2 Termination Without Cause. (a) Tbas Agreement may be termanated by either party, w~th or w~thout cause, by loving the other party sixty (60) days advance written notice (b) In the event this contract is terminated by either party pursuant to Section 4 2(a), the CITY agrees to reimburse the FOUNDATION for any contractual obligations of the FOUNDATION undertaken by the FOUNDATION an satisfactory performance of those activities speeffied in ¶¶2 1 and 2 2 above and that were approved by the Council through the budget, as noted m ¶3 1 This reimbursement as conditioned upon such contractual obhgatmus having been incurred and entered into in the good faith performance of those services contemplated in ¶¶2 1 and 2 2 above, and further conditioned upon such contractual obhgatlons having a term not exceechng the full term of tins Agreement Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the FOUNDATION or to assume the performance of any contractual obhgatlons of the FOUNDATION for or under any contract entered into by the FOUNDATION as contemplated herein shall not exceed 66 2/3% of the em'rent quarterly payment (c) Further, upon termmatton pursuant to ¶4 2(a), the FOUNDATION will provide the CITY l) Wlttan 10 business days from the termination notffieatlon, a short-term budget of probable expandatures for the remaunng 60 day period between termination notffieation and contract termmat~on This budget will be presented to Council for approval wltlun 10 business days after receipt by CITY If formal approval is not given wltlun 10 business days and the budget does not eontmn any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget, the budget will be considered approved, 2) Within 30 days, a full acenunting of all expenditures not prewously audited by the C~ty, 3) Within 5 business days of a request from the CITY, a hstlng of expenditures that have occurred since the last required reporting period, 4) a final accounting of all expemhtures and tax funds on the day of termination The FOUNDATION will be obligated to remm any unused funds or funds determined to be used improperly Any use of remmmng funds by the FOUNDATION after notlficat~on of termination is conditioned upon such contractual obligations hamng been incurred and entered into m the good faith performance of those services contemplated in 2 1 and 2 2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement 4 3 Automatic Termination. Tbas Agreement shall automatmally terminate upon the occurrence of any of the following events (a) The terrmnaaon of the legal existence of the FOUNDATION, (b) The insolvency of the FOUNDATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the FOUNDATION for the benefit of creators, P~e5 (c) The continuation of a breach of any of the terms or condmons of flus Agreement by e~ther the CITY or the FOUNDATION for more than tinrty (30) days alter written not,ce of such breach ~s g~ven to the breaching party by the other party, or (d) The failure of the FOUNDATION to subnut a financml quarterly report winch comphes wath the reporting procedures reqmred hereto and generally accepted accountmg principles prior to the beginning of the next contract term, or quarterly as required by Section 1 3 hereof 4 4 Right to Immediate Termination Upon Lit~gat~on. Notwithstanding any other prowslon of tins Agreement, to mtt~gate damages and to preserve evidence and Issues for juchclal detvnmnat~on, e~ther party shall have the nght to terminate this Agreement upon munechate not,ce to the other party tn the event that any person has instituted htlgat~on eoncermng the actlwtaes of the non-terminating party, and the terminating party reasonably beheves that such activities are reqtured or pminb~ted under flus Agreement 4.5 In the event that flus Agreement ~s tenmnated pursuant to ¶¶4 3 or 4 4, FOUNDATION agrees to refund any and all unused funds, or funds detenmned by the CITY to have been used improperly, w~thm 30 days after termination of flus Agreement V. GENERAL PROVISIONS 5 1 Subcontract for Performance of Serwces. Nothing in flus Agreement shall prohibit, nor be construed to pminb~t, the agreement by the FOUNDATION with another pnvate entity, person, or orgamzalaon for the performance of those services described m ¶2 1 above In the event that the FOUNDATION enters into any arrangement, contractual or otherwise, w~th such other entity, person or 0rgamzatwn, the FOUNDATION shall cause such other entity, person, or orgemzatmn to adhere to, conform to, and be sublect to all prowslons, terms, and conchtlons of this Agreement and to TEx TAx Cove ch 351, including reporting reqmrements, separate funds mamtanance, and hnntat~ons and proinint~ons pertmnmg to expenditure of the agreed payments and hotel tax funds 5 ~2 Independent Contractor. The FOUNDATION shall operate as an independent contractor as to all services to be performed under flus Agreement and not as an officer, agent, servant, or employee of the CITY The FOUNDATION shall have exclusive control of its opemtaons and performance of sevaces hereunder, and such persons, entltaes, or orgamzatuons peffonnmg the same and the FOUNDATION shall be solely responsible for the acts and onuss~ons of its dnectors, officers employees, agents, and subcontractors The FOUNDATION shall not be considered a partner or jomt venturer w~th the CITY, nor shall the FOUNDATION be considered nor ~n any manner hold ~self unt as an agent or official representative of the CITY 53 Inflemnifieat~on. THE FOUNDATION AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE FOUNDATION OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR Page 6 STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF FOUNDATION, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES. 5.4 Assignment. The FOUNDATION shall not assign ttus Agreement w~thout first obtmnmg the written consent of the CITY 5 5 Notice. Any not,ce reqmred to be g~ven under flus Agreement or any statute, ordinance, or regulation, shall be effective when g~ven ~n writing and deposited in the Umted States mml, cemfied mall, return receipt requested, or by hand~delivery, addressed to the respective part,es as follows CITY FOUNDATION C~ty Manager Denton Festival Foundatxon, Inc C~ty of Denton Carol Short 215 E McKmney Festival Coordinator Denton, TX 76201 P O Box 2104 Denton, Texas 76202-2104 5.6 Inurement This Agreement and each provls~on hereof, and each and every nght, duty, obhgataon, and hab~hty set forth hereto shall be binding upon and mute to the benefit and obhgat~on of the CITY and the FOUNDATION and their respective successors and assigns 5 7 Application of Laws All terms, condmons, and prows~ons of tlus Agreement are subject to all applicable federal laws, state laws, the Charter of the C~ty of Denton, all ordinances passed pursuant thereto, and alljud~c~al detenmnat~ons relative thereto 5 8 Exclusive Agreement Tlus Agreement conttuns the entire understanding and ennst~tutes the entire agreement between the pames hereto concermng the subJeCt matter contained hereto There are no representations, agreements, arrangements, or understanchngs, oral or written, express or unphed, between or among the pames hereto, relating to the subject matter of tins Agreement, wlueh are not fully expressed hereto The terms and conditions of th~s Agreement shall prevail notwithstanding any variance m this Agreement from the terms and conditions of any other doettment ralatmg to tins transaction or these transactions 5 9 Duplicate Originals Tins Agreement ~s executed ~n duphcate originals 5 10 Headings. The headings and subheachngs of the various seCtions and paragraphs of tins Agreement are inserted merely for the purpose of convemence and do not express or unply any hmltatton, defimt~on, or extension of the specific terms of the seetton and paragraph so designated 5 11 Severabillty. If any section, subsection, paragraph, sentence, clause, phrase or word m flus Agreement, or apphcat~on thereof to any person or c~rcumstance ~s held mvahd by any court of competent jurisdiction, such holding shall not affect the vahd~ty o£ the remammg pomons of flus Agreement, and the part,es hereby declare they would have enacted such rema~mng po~ons despite any such mvahchty qage 7 5 12 Insurance. The FOUNDATION shall prowde insurance as follows 1 $500,000 Commercml General L~ab~hty, or $1,000,000 Event Insurance, covenng all events talang place on C~ty-owned property 2 Statutory Workers' Compensation and Employers' L~ablhty ($100,000/$500,000/$10o,0o0) The CITY must be named as an addmonal insured on all pohc~es (except Workers' CompensaUon) and proof of coverage shall be submitted prior to any payment by the CITY EXECUTED tins __ day of ,2000 THE CITY OF DENTON, TEXAS By EUL1NE BROCK, MAYOR CITY SECRETARY f ~--~"'q2ITY ATTORNEY~/ DENTON FESTIV/~L FOUNDATION, INC / A~I~I'EST APPROVED AS TO LEGAL FORM By By Secretary Page 8 F_.xh~b~t A DENTON FESTIVAL FOUNDATION BUDGET PROPOSAL PROGRAM YEAR 2001 REQUESTED PROGRAM/ACTIVITY AMOUNT ADVERTISING Newspaper, tv, magazines 15,000 Brochure for feshval 5,000 Printing 3,000 $ 23,000 ADMINISTRATION Postage 2,000 Director's Salary 15,000 Supphes 1,500 $ 18,500 ART Stages/Electrify/Sound 18,500 Musicians 20,000 $ 38,$00 TOTAL $ 80,000 Exhibit B DENTON FESTIVAL FOUNDATION FINANCIAL REPORT Program Year 2001 1ST 2ND 3RD 4TH YEAR BUDGET QUARTER QUARTER QUARTER QUARTER to vs (JUL DEC) DATE ACTUAL $o $o $o $o $o $o $o $o $o $o $o $80,000 0 0 0 0 0 0 $0 $0 $0 $0 $0 $80,000 $0 $0 $0 $0 $0 $15,000 0 0 0 0 0 5,000 0 0 0 0 0 3,000 $0 $0 $0 $0 $0 $23,00o $0 $0 $0 $0 $0 $2,000 0 0 0 0 0 15,000 0 0 0 0 0 1,500 $0 $0 $0 $0 $0 $18,500 $0 $0 $0 $0 $0 $18,500 0 0 0 0 0 20,000 $0 $0 $0 $0 $0 $38,500 $0 $0 $0 $0 $0 $80,000 $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o 0 0 0 0 0 0 0 0 0 0 0 0 $o $o $o $o $o $o $o $o $o $o $o $o Date Submitted Program Director ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEJAS STORYTELLING ASSOCIATION, INC , FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc for the payment and use of hotel tax revenue, under the terms and conditions contained m the agreement, a copy of winch is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED thxs the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AGREEMENT BETWEEN THE CITY OF DENTON AND TEJAS STORYTELLING ASSOCIATION, INC. (CY2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a mumclpal corpom~on (the "CITY"), and the Tejas Storytelling Assoclataon, Inc, a legal entity incorporated under the laws of the State of Texas (the "ASSOCIATION") WHEREAS, lex TAX CODE §351 002 authorizes the CITY to levy by ordinance a mumelpal hotel occupancy tax ("hotel tax") not exeeexhng seven percent (7%) of the considerat~on p0ad by a hotel occupant, and WHEREAS, by ordinance, the CITY has prowded for the assessment and cclleetaon of a municipal,hotel occupancy tax m the City of Denton of seven percent (7%), and WHEREAS, lex TAX CODE §351 101(a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by adve~smg and conducting sohcltat~ons and promottonal programs to attract tourists and conventton delegates or registrants to the mumclpahty or its vletmty, and WHEREAS, the ASSOCIATION is well equipped to perform those activmes, and WHEREAS, T~x TAX CODe §351 101(e) authorizes the CITY to delegate by contract vath the ASSOCIATION, as an independent entity, the management and supermslon of programs and activities of the type described heremabove funded w~th revenue from the mume~pal hotel occupancy tax, NOW, THEREFORE, in eonslderataon of the performance of the mutual covenants and promises euntamed hereto, the CITY and the ASSOCIATION agree and contract as follows I. HOTEL TAX REVENUE PAYMENT 1.1 Consideraaon For and m ennslderat~on of the actiwt~es to be performed by the ASSOCIATION under this Agreement, the CITY agrees to pay to the ASSOCIATION a porlaon of the hotel tax revenue enllected by the CITY at the rates and in the manner specified hereto (such payments by the CITY to the ASSOCIATION somettmes herein referred to as the "agreed payments" or "hotel tax funds") 1 2 Amount of Payments. (a) As used in ttus Agreement, the following terms shall have the following specific meamngs: 0) The term "hotel tax revenue" shall mean the gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of the prtce paid for a room in a hotel, pursuant to Texas Tax Code 351 002 and City Ordinance Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer 00 The term "Collection period" will mean the collection period for the CITY's fiscal year It will include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year (m) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of tnne (t e, fiscal year or fiscal quarter), less (1) attorney and auchtmg costs recurred dunng such relevant period of time for costs of collection or aud~tmg of hotel taxpayers Attorney and auditing costs include fees ptud to attorneys or agents not m the regular employ of the CITY for wluch attorneys or agents effect compliance or collection of the hotel tax from taxpayers, and (2) court costs and other expenses recurred m ht~gat~on agamst or auditing of such taxpayers 0v) The term "euntraet quarter" shall refer to any quaRer of the calendar year m wbaeh tbas Agreement is in force Contract quarters will end on March 31st, June 30th, Septea'nber 30th, and December 31~ of each contract year (b) In return for satisfactory performance of the act~vit~es set forth ~n tlus Agreement and all attachments hereto, the CITY shall pay to ASSOCIATION an amount of money m each contract year equal to the lesser amount of Five and Twelve One Hundredths percent (5 12%) of the annual base payment amount or the fixed contract amount of Fffiy-Flve Thousand Dollars ($55,000). Tbas amount will be diwded ~nto quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show w~th reasonable certmnty that the annual base payment amount will be less than originally estimated for the fiscal year The fourth quarterly payment wffi represent 25% of the fixed contract amount or the unpaid remainder of 5 12% of the base payment amount, whmhever m less Each quarterly payment ~s subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports 1 3 Dates of Payments to ASSOCIATION. (a) The term "quarterly payments" shall mean payments by the CITY to the ASSOCIATION of those amounts specified m ¶1 2, above, as determined by the hotel tax revenue collected (b) Each quarterly payment shall be prod upon receipt of the reqmred reports and after the 25th day following the last day of the contract quarter If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable contract qua~er, the recipient may be held m breach of tbas Agreement The CITY may withhold the quarterly payment(s) until the apprepnate reports are received and approved, wluch approval shall not unreasonably be withheld P~e2 1.4 Other limi~ations regarding consMeration. (a) The funding of tlus proJect m no way commits the CITY to future funding of flus program beyond the current contract period Any future funding as solely the responslbthty of the ASSOCIATION (b) It is expressly understood that tins contract in no way obhgates the General Fund or any other momes or credits of the CITY (e) CITY may wxthhold further allocations ~f CITY deternunes that ASSOCIATION's expenditures deviate materially from their approved budget II. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and m consxderation of the payment by the CITY to the ASSOCIATION of the agreed payments of hotel tax funds specified above, the ASSOCIATION agrees to use such hotel tax funds only for advemsmg and conducting solicitations and promotional programs to attract tounsts and convention delegates or regtstrants to the municipality or its VlCunty as authonzed by TEX TAx CODE §351 101(a) Funds for any calendar year which are unused by mldmght December 31st of that year shall be refunded to CITY within thirty (30) days 2.2 Administrative Costs. The hotel tax funds received fitom the CITY by the ASSOCIATION may be spent for day-to-day operations, supphes, salaries, office rental, travel expenses, and other adunmstratlve costs that are incurred directly in the performance by the ASSOCIATION of those actlvmes specified in ¶2 1 above and are allowed by TEX TAx CODE §351 101(0 2.3 Specific Restrictions on Use of Funds. (a) That portion of total adrmmstrative costs of the ASSOCIATION for which hotel tax funds may be used shall not exceed that portion of the ASSOCIATION's adnumstratlve costs actually recurred m conducting the actlVtties specified m ¶2 1 above (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the pnmary purpose of whtch is not chrectly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's .lob in an efficient and professional manner III RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) The ASSOCIATION shall prepare and submit to the City Manager of the CITY an annual budget (see Exbablt "A") as approved by the City Council for each calendar year, for such operations of the ASSOCIATION in which the hotel tax funds shall be used by the ASSOCIATION This budget shall specifically identify proposed expenditures of hotel tax funds by the ASSOCIATION in other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended The CITY shall not pay to the ASSOCIATION any hotel tax revenues as set forth in Section I of this contract dunng any Page 3 fiscal year of tins Agreement unless a budget for such respeeuve fiscal year has been approved m writing by~ the Denton C~ty Council authorizing the expenditure of funds Failure to subrmt an annual budget may be consxdered a breach of contract, and if not remedied is constdered grounds for termination of fins Agr~ment as stated m paragraph 4 2 (b) The ASSOCIATION acknowledges that the approval of such budget by the Denton C~ty Council creates a fiducmry duty m the ASSOCIATION w~th respect to the hotel tax funds prod by the CITY to the ASSOCIATION under flus Agreement The ASSOCIATION shall expend hotel tax funds only m the manner and for the purposes specffied ~n fins Agreement, TEX T^x CODE §351 101(a) and m the budget as approved by the CITY 3 2 Separate Accounts. The ASSOCIATION shall maintain any hotel tax funds pard to the ASSOCIATION by the CITY ~n a separate bank account w~th segregated accounting, such that any reasonable, person can remew the source of expenchtures of tax funds A bank reconcflmtton report (see Exlubit "B") ~s reqmred wtth each quarterly repo~t 3 3 Fin~mel~l Records. The ASSOCIATION shall mamtmn complete and accurate financial records of each expendtture of the hotel tax funds made by the ASSOCIATION These funds are reqmred to be classffied as restricted funds for andlted financtal purposes, and may not be used for supporting sermces, including, but not hm~ted to, and~tmg fees and attorney's fees Upon reasonably advance written request of the Denton C~ty Councd, the C~ty Manager or demgnate, or any other person, shall make such financial records av~ulable for ~nspect~on and rewew by the party making thc request ASSOCIATION understands and accepts that all such financml records, and any other records relating to flus Agreement shall be subJeCt to the Pubhc Information Act, T~x Gov'T CoI~E, ch 552, as hereafter amended 34 Quarterly Reports W~thm tlurty days atter the end of every contract quarter, ASSOCIATION shall funush to CITY (1) a performance report of the work performed under fins Agrcement describing the act~vxttes performed pursuant to flus Agreement during that contract quarter, (2) a hst of the expenditures made w~th regard to hotel tax funds pursuant to TEx T^x COD~ §351 101(c), and (3) a copy of all finanmal records (eg, receipts, ~nvomes, bank statements, and other relevant documentation) Both the performance and expenditure reports will be m a form exther determined or approved by the C~ty Manager or desxgnate (see Exlub~t "B") The ASSOCIATION shall respond promptly to any request fxom the C~ty Manager of the CITY, or designate, for adchttonal mformat~on relating to the act~vmes performed under fins Agreement 3 5 Notice of Meetings. The ASSOCIATION shall g~ve the C~ty Manager of thc CITY reasonable advance written not~ce of the t~me and place of all meetings of ASSOCIATION's Board of D~rectors, as well as any other meetmg of any constituency of the ASSOCIATION at winch tins Agreement or any matter the subject of tins Agreement shall be considered Tlus proms~on shall not be deemed to reqmre the ASSOCIATION to g~ve nottce of any executive session of the Executive Comm~tte© of the ASSOCIATION IV. TERM AND TERMINATION 4 1 Term. The term of tlus Agreement shall commence on January 1, 2001 and terminate at m~dmght on December 31, 2001 Tlus term shall be a period of one year Page 4 4.2 Termination Without Cause. (a) Tins Agreement may be terminated by eather party, wlth or without cause, by gaving the other party sLxty (60) days advance written notice (b) In the event this contract as terminated by eather party pursuant to Seetaon 4 2(a), the CITY agrees to reamburse the ASSOCIATION for any contractual obhgatlons of the ASSOCIATION undertaken by the ASSOCIATION in satisfactory performance of those actlvmes specified m ¶¶2 1 and 2 2 above and that were approved by the Council through the budget, as noted ~n ¶3 1 Tins reambursement is conditioned upon such contractual obhgatmns hawng been recurred and entered into ~n the good faith performance of those serwees contemplated m ¶¶2 1 and 2 2 above, and further condlUoned upon such contractual obhgatlons hawng a term not exceeding the full term of this Agreement Notwithstanding any prowsion hereof to the contrary, the obhgatmn of the CITY to reimburse the ASSOCIATION or to assume the performance of any contractual obhgaUons of the ASSOCIATION for or under any contract entered into by the ASSOCIATION as contemplated here~n shall not exceed 66 2/3% of the current quarterly payment (c) Further, upon termmataon pursuant to ¶4 2(a), the ASSOCIATION will provide the CITY 1) W~thm 10 buainass days f~om the terminaUon notification, a short-term budget of probable expenditures for the remaimng 60 day period between termination notaficat~on and contract termination Thxs budget wall be presented to Council for approval w~tinn I0 business days after receipt by CITY If formal approval ~s not given w~tinn 10 business days and the budget does not eontmn any expenchtures that would be prohibited by the Texas Tax Code, and ~s watinn the current contractual period approved budget, the budget will be considered approved, 2) Watinn 30 days, a full accounting of all expenditures not previously audited by the Caty, 3) Wathm 5 business days of a request from the CITY, a hsUng of expenditures that have occurred since the last reqmred reporting period, 4) a final accounting of all expenditures and tax funds on the day of termmatlon The ASSOCIATION will be obhgated to return any unused funds or funds determined to be used improperly Any use of remaimng funds by the ASSOCIATION after notification of termlnatmn is condittoned upon such contractual obhgataons having been ancurred and entered into ~n the good faith performance of those serwces contemplated m 2 1 and 2 2 above, and further condmoned upon such contractual obhgat~ons havang a term not exceeding the full term of tbas Agreement 4.3 Automatic Termination. Tlus Agreement shall automat~cafiy terminate upon the occurrence of any of the following events (a) The terrmnat~on of the legal existence of the ASSOCIATION, (b) The insolvency of the ASSOCIATION, the filing of a petat~on in bankruptcy, eather voluntarily or involuntarily, or an assignment by the ASSOCIATION for the benefit of creditors, Page 5 (c) The continuation of a breach of any of the terms or condmons of ttus Agreement by either the CITY or the ASSOCIATION for more than tinrty (30) days after written not,ce of such breach is gtven to the breaclung party by the other party, or (d) The fmlure of the ASSOCIATION to submit a financial quarterly report wluch comphes wtth the repomng procedures reqmred herein and generally accepted accounting pnnciples prior to the beginning of the next contract term, or quarterly as reqmred by Sectton 1 3 hereof 4 4 Right to Immediate Termination Upon Llt~gatlan Notwithstanding any other promslon of tlus Agreement, to mitigate damages and to preserve evidence and issues for judtclal determmatton, etther party shall have the right to terminate tins Agreement upon immediate notace to the other party m the event that any person has mstttuted ht~gat~on concerning the acttvittes of the non-terminating party, and the terminating party reasonably beheves that such act~vittes are required or probabited under tins Agreement 4 5 In the event that th~s Agreement is terminated pursuant to ¶¶4 3 or 4 4, ASSOCIATION agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, wntlun 30 days at, er termmahon oftlus Agreement V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Semees. Nottung in this Agreement shall pmbabit, nor be construed to proIublt, the agreement by the ASSOCIATION with another private entity, person, or orgamzattun for the performance of those servmes described in ¶2 1 above In the event that the ASSOCIATION enters into any arrangement, contractual or otherwise, with such other entity, person or orgamzat~on, the ASSOCIATION shall cause such other entity, person, or orgamzat~on to adhere to, conform to, and be subJeCt to all promsmns, terms, and conditions of tlus Agreement and to Tsx TAX CoDs ch 351, including reporting requirements, separate funds maintenance, and lnmtattons and pmlUblt~ons pertmnmg to expenditure of the agreed payments and hotel tax funds 5.2 Independent Contractor. The ASSOCIATION shall operate as an independent contractor as to all services to be performed under ttus Agreement and not as an officer, agent, servant, or employee of the CITY The ASSOCIATION shall have exclusive control of its operations and performance of sermees hereunder, and such persons, entities, or orgamzat~ons perfomung the same and the ASSOCIATION shall be solely responsible for the acts and ormssions of its chrectors, officers, ~mployees, agents, and subcontractors The ASSOCIATION shall not be considered a partner or joint venturer with the CITY, nor shall the ASSOCIATION be considered nor m any manner hold itself out as an agent or official representative of the CITY 53 Indemnification. THE ASSOCIATION AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE ASSOCIATION OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR Page 6 STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF ASSOCIATION, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES. 5.4 Assignment. The ASSOCIATION shall not assign flus Agreement without first obtaining the written consent of the CITY 5.5 Notice. Any notme reqmred to be given under tins Agreement or any statute, orchnanco, or rcgnlatmn, shall be effectJve when g~ven in writing and deposited in the Umted States mml, certtfied marl, return receipt requested, or by hand-dehvery, addressed to the respective part, es as follows CITY ASSOCIATION C~ty Manager Tejas Storytelling Association, Inc City of Denton Karen Morgan 215 E McKmney P O Box 2806 Denton, TX 76201 Demon, Texas 76202-2806 5.6 Inurement. Tins Agreement and each provision hereof, and each and every right, duty, obhgatmn, and hablhty set forth hereto shall be binding upon and lnttre to the benefit and obhgatton of the CITY and the ASSOCIATION and thetr respective successors and assigns 5 7 Appflcation of Laws All terms, conditions, and provisions of tins Agreement are subJeCt to all apphcable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto 5 8 Exclusive Agreement Tins Agreement contains the entire understanding and constitutes the enttre agreement between the partlas hereto concermng the subjeCt matter contmned herein There are no representattons, agreements, arrangements, or understandings, oral or wntterh express or unphed, between or among the pames hereto, relating to the subjeCt matter of thts Agreement, winch are not fully expressed hereto The terms and conchtlons of tins Agreement shall prev/ul notwithstanding any variance in tins Agreement from the terms and condit~ons of any other document relating to tins transaction or these transactions 5 9 Duplicate Originals This Agreement is executed in duphcate ongnnals S 10 Headings The headmgs and subheadings of the various sections and paragraphs of this Agreement are mserted merely for the purpose of convenience and do not express or Imply any lumtatlon, definition, or extension of the specific terms of the section and paragraph so designated 5 11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word m tins Agreement, or apphcation thereof to any person or circumstance as held invalid by any court of competent junsdtctton, such holding shall not affeCt the validity of the remmnmg pomons of this Agreement, and the part, es hereby declare they would have enacted such remalumg po~ons despite any such lnvallrhty ~Page 7 5 12 Insurance. The ASSOCIATION shall provide insurance as follows 1 $500,000 Commercial General Llabthty, or $1,000,000 Event Insurance, covenng all events taking place on City-owned property 2 Statutory Workers' Compensation and Employers' L~abihty ($100,000/$500,000/$100,000) The CITY must be named as an addmonal insured on all pohcles (except Workers' CompensaUon) and proof of coverage shall be submitted prior to any payment by the CITY EXECUTED th~s __ day of ,2000 THE CITY OF DENTON, TEXAS By EULINE BROCK, MAYOR JENNIFER WALTERS, CITY SECRETARY TEJAS STORY/TELLING ASSOCIATION, By Ch A'YrEST APPROVED AS TO LEGAL FORIVl By By Secretary Page 8 Exhibrt A TEJAS STORY'FELUNG ASSOCIATION for the ~EXAS STORYTELLING FESTIVAL Budget Proposal for Program Year 2001 Requested ProgramlAcflv,ty Amount Advertising Texas Storytelling Festival Newspapers, tv, and magazines $ 8,000 Flyers, posters, and brochures 7,000 Other printed communication newsletters 2,000 Marketing and Promotion 7,000 Mailing ,list purchases 1,000 Mailing costs 3,000 Video and still photography 2,000 $ 30,000 Texas Storytelling Festival - Art Performance Fees Salanes -Office Staff $ 2,000 Office Supplies and Phone 1,200 Office Rental 320 S~te Operations Expenses -Tent, chair, and stage rentals 4,000 -Sound Equipment 400 Food and Lodging 1,000 Honona 440 $ 9,360 Histoncal Texas Storytelling Festival Concerts $ 800 Workshops 800 Salanes -Office Staff 3,000 Office Supplies and Phone 1,800 Office Rental 480 S~te Operations Expenses -Tent, chair, and stage rentals 6,000 -Sound Equipment 600 Food and Lodging 1,500 Honona 660 $ 15,640 Total $ 55,000 TEJAS STORYTELLING ASSOCIATION FINANCIAL REPORT Program Year 2001 Exhibit B 1ST 2ND 3RD 4TH YEAR BUDGET QUARTER QUARTER QUARTER QUARTER to va DATE ACTUAL $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $55,ooo 0 0 0 0 0 0 $0 $0 $0 $0 $0 $55,oo0 $0 $0 $0 $0 $0 $8,000 0 0 0 0 0 7,000 0 0 0 0 0 7,000 0 0 0 0 0 2,00o 0 0 0 0 0 1,000 0 0 0 0 0 3,000 0 0 0 0 0 2,000 0 0 0 0 0 500 $0 $0 $0 $0 $0 $30,500 $0 $0 $0 $0 $0 $2,000 0 0 0 0 0 1,200 0 0 0 0 0 320 0 0 0 0 0 4,000 0 0 0 0 0 400 0 0 0 0 0 1,000 0 0 0 0 0 440 $0 $0 $0 $0 $0 $9,360 $0 $0 $0 $0 $0 $8oo 0 0 0 0 0 800 0 0 0 0 0 3,000 0 0 0 0 0 1,800 0 0 0 0 0 480 0 0 0 0 0 0 0 0 0 0 0 6,000 0 0 0 0 0 600 0 0 0 0 0 1,500 0 0 0 0 0 660 $0 $0 $0 $0 $0 $15,640 $0 $0 $0 $0 $0 $55,500 $o $o $o $o $o $o $o $o $o $o $o $o 1ST 2ND 3RD 4TH YEAR BUDGET QUARTER QUARTER QUARTER QUARTER to va (JAN. MAR) (APR - JUN) (JUL - SE.P) (OCT. DEC) DATE Exh~b~{~TUAL $o $o $o $o $o $o 0 0 0 0 0 0 0 0 0 0 0 0 $o $o $o $o $o $o $o $o $o $o $o $o Data Submitted Program Director ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Black Chamber of Commeme for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of wtuch is attached hereto and made a part hereof SECTION II That this orchnance shall become effective immediately upon its passage and approval PASSED AND APPROVED ttus the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF COMMERCE (CY2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the C~ty of Denton, Texas, a mumc~pal corporalaon (the "CITY"), and the Denton Black Chamber of Commerce, a legal entaty ex~stmg under the laws of the State of Texas (the "CHAMBER") WHEREAS, TEX TAX CODE §351 002 anthonzes the CITY to levy by ordinance a mumcapal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consaderataon prod by a hotel occupant, and WHEREAS, by ordinance, the CITY has provadad for the assessment and collection of a mumclpal hotel occupancy tax m the Caty of Denton of seven percent (7%), and WHEREAS, T~x TAX CODE §351 101(a) authorizes the CITY to use revenue from ats mumclpal hotel occupancy tax to promote tourism and the conventxon and hotel industry by advertising and conducting sohcatat~ons and promotional programs to attract tourists and convention delegates or regmtrants to the mumcapahty or ~ts vmunty, and WHEREAS, the CHAMBER m well eqmpped to perform those acUvmes, and WHEREAS, T~x TAX CODE §351 101(C) authorizes the CITY to delegate by contract v~th the CHAMBER, as an independent enmy, the management and supervision of programs and actlvmes of the type described hereanabove funded w~th revenue t~om the mumcapal hotel occupancy tax, NOW, THEREFORE, m consaderat~on of the performance of the mutual covenants and promases contained hereto, the CITY and the CHAMBER agree and contract as follows I HOTEL TAX REVENUE PAYMENT 1 1 Consideration. For and m cons~deratmn of the act~mttes to be performed by the CHAMBER under tlus Agreement, the CITY agrees to pay to the CHAMBER a posen of the hotel tax revenue collected by the CITY at the rates and m the manner specffied hereto (such payments by the CITY to the CHAMBER sometimes hereto referred to as the "agreed payments" or "hotel tax funds") 1.2 Amount of Payments. (a) As used In this Agreement, the followxng terms shall have the followmg specffic meamngs 0) The term "hotel tax revenue" shall mean the gross momes collected and receaved by the Caty as muna¢~pal hotel occupancy tax at the rate of seven percent (7%) of the price pa~d for a room m a hotel, pursuant to Texas Tax Code 351 002 and Caty Ordinance Hotel tax revenue will xnclude penalty and lmerest related to the late payments of the tax revenue by the taxpayer (10 The term "Collectton period" will mean the collectton period for the CITY's fiscal year It will include hotel tax revenue due to the Ctty for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year (nO The term "base payment mount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY dunng any relevant period of tame (t e, fiscal year or fiscal quarter), less (1) attorney and audatmg costs recurred during such relevant period of t~me for costs of collectton or audmng of hotel taxpayers Attorney and au{hang costs include fees prod to attomeys or agents not m the regular employ of the CITY for wbach attorneys or agents effect eomphance or collection of the hotel tax from taxpayers, and (2) couxt costs and other expenses recurred m ht~gat~on against or auditing of such taxpayers (tv) The term "contract quarter" shall refer to any quarter of the calendar year m wbach fins A,~reement ts m force Contract quarters will end on March 31st, June 30th, September 30 TM, and December 31st of each contract year (b) In return for sattsfactory performance of the acttwt~es set forth m this Agreement and all attachments hereto, the CITY shall pay to CHAMBER an amount of money tn each contract year equal to the lesser amount of One and Thxrty One Hundreths percent (1 30%) of the annual base payment amount or the fixed contract amount of Fourteen Thousand Dollars ($14,000) Thts amount will be d~vlded into quarterly payments equal to 25% of the annual fixed contract amount, unless the City can show with reasonable certainty that the annual base payment amount will be less than originally esttmated for the fiscal year The fourth quarterly payment will represent 25% of the fixed contract amount or the unpaid remainder of 1 30% of the base payment amount, whichever xs less Each quarterly payment ts subject to recetpt of unused funds from the prior contract per~od and the receipt of the required quarterly reports 1 3 Dates of Payments (a) The term "quarterly payments" shall mean payments by the CITY to the BUREAU of those amounts specified m ¶1 2, above, as determined by the hotel tax revenue collected (b) th Each quarterly payment shall be prod upon recetpt of the reqmred reports and after the 25 day following the last day of the contract quarter If quarterly financtal and performance reports are not recexved within t!urty (30) days of the end of the apphcable enntraet quarter, the reclptent may be held In breach of flus Agreement The CITY may wtthhold the quarterly payment(s) until the appropriate reports are received and approved, whxch approval shall not unreasonably be w~thheld ~age 2 1.4 Other Iimi~ations regarding consideration. (a) The funding of flus project m no way commits the CITY to future funding of flus program beyond the current contract penod Any future funchng is solely the responsibility of the CHAMBI~R (b) It is expressly understood that flus contract m no way obhgates the General Fund or any other momes or erechts of the CITY (c) CITY may w~thhold further allocataons if CITY determines that CHAMBER's expenditures deviate materially from their approved budget II USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and tn consideration of the payment by the CITY to the CHAMBER of the agreed payments of hotel tax funds specified above, the CHAMBER agrees to use such hotel tax funds only for advefosmg and conducting sohcltalaons and promotional programs to attract tourists and conventaon delegates or reg~st~mts to the mumclpahty or its Viclmty as authorized by TEx TAX CODE §351 101(a) Funds for any calendar year winch are unused by rmdmght December 31"t of that year shall be refunded to CITY within tfurty (30) days 2.2 Administrative Costs. The hotel tax funds received f~om the CITY by the CHAMBER may be spent for day-to-day operations, supphes, salaries, office rental, travel expenses, and other admnustrat~ve costs that are incurred directly in the performance by the CHAMBER of those activities specified m ¶2 1 above and are allowed by TEX TAX CODE §351 101 (0 2 3 Specific Restrictions on Use of Funds (a) That pomon of total edmlmstrat~ve costs of the CHAMBER for wfuch hotel tax funds may be used shall not exceed that portion of the CHAMBER's adrmmstraUve costs actually incurred m conducting the actlwt~es specified m ¶2 1 above (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner IH. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) The CHAMBER shall prepare and subrmt to the City Manager of the CITY an annual budget (see Ex_}nblt "A") as approved by the City Council for each calendar year, for such operations of the CHAMBER tn winch the hotel tax funds shall be used by the CHAMBER This budget shall specifically Identify proposed expenditures of hotel tax funds by the CHAMBER In other words, the CITY should be able to aucht specifically where the funds an the separate account relating to hotel tax funds will be expended The CITY shall not pay to the CHAMBER any hotel tax revenues as set forth m SecUon I of flus contract dunng any fiscal year of tins Agreement unless Page 3 a budget for such raspecttve fiscal year has been approved m writing by the Denton City Council authonzmg the expenditure of funds Failure to submit an annual budget may be considered a breach of contract, and if not remethed Is considered grounds for termination of flus Agreement as stated m paragraph 4 2 (b) The CHAMBER acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the CHAMBER with respect to the hotel tax funds prod by the CITY to tho CHAMBER under flus Agreement The CHAMBER shall expend hotel tax funds only m the manner and for the purposes specified in tins Agreement, T~.x T^x CODE §351 101(a) and tn the budget as approved by the CITY 3.2 Separate Accounts. The CHAMBER shall maintain any hotel tax funds prod to the CHAMBI~R by the CITY in a separate bank account with segregated accounting, such that any reasonable person can remew the source of expenditures of tax funds A bank reconclhatlon report (see Exhtblt "B") is requn~l wath each quarterly report 3.3 Financial Records. The CHAMBER shall mamtmn complete and accurate financial records of each expendtture of the hotel tax funds made by the CHAMBER These funds are reqmred to be classffied as restricted funds for audited fmanmal purposes, and may not be used for suppomng setmeas, including, but not hmlted to, auditing fees and attorney's fees Upon reasonably advance written request of the Denton City Council, the City Manager or desagnate, or any other person, shall make such financial records available for mspectton and rewew by the party making the request CHAMBER understands and accepts that all such financial records, and any other records relating to tins Agreement shall be subject to the Public Information Act, TEx GOV'T COl)E, ch 552, as hereat~er emended 3.4 Quarterly Reports Afier matial receipt of hotel tax fimds, and w~flun tUfty days after the end of every quarter thereafter, until all fimds have been expended and reported to the CITY, CHAMBER shall furmsh to CITY (1) a performance report of the work performed under thts Agreement descnbmg the actawtleS performed pursuant to ttus Agreement during that contract quarter, (2) a hst of the expenditures made with regard to hotel tax funds pursuant to TEX TAX CODE §351 101(e), and (3) a copy of all financial records (e g, receipts, mvmees, bank statements, and other relevant documentatton) Both the performance and expenditure reports will be ~n a form either determined or approved by the City Manager or designate (see Ex?nblt "B") The CHAMBER shall respond promptly to any request t~om the City Manager of the CITY, or designate,, for addttmnal mformat~on relating to the activities performed under flus Agreement 3.5 Notice of Meetings. The CHAMBER shall g~ve the C~ty Manager of the CITY reasonable advance written notate of the time and place of all meetmgs of CHAMBER's Board of D~rectors, as well as any other meeting of any constatuency of the CHAMBER at wbach tbas Agreement or any matter the subject of flus Agreement shall be considered Tlus proxaslon shall not be deemed to require the CHAMBER to give notme of any execuUve session of the Executive Comnuttec of the CHAMBER Page 4 IV. TERM AND TERMINATION 4 1 Term. The term of tins Agreement shall commence on January 1, 2001 and termmate at mldmght on December 31, 2001 This term shall be a penod of one year 4.2 Termination Without Cause. (a) Tlus Agreement may be terminated by either party, with or without cause, by g~vmg the other party sixty (60) days advance written not.ce Co) In the event this enntraet is terminated by either party pursuant to Section 4 2(a), the CITY agrees to reimburse the CHAMBER for any contractual obligations of the CHAMBER undertaken by the CHAMBER in satisfactory performance of those activities specified In ~2 1 and 2 2 above and that were approved by the Council through the budget, as noted in ¶3 1 This reimbursement IS conditioned upon such contractual obligations having been incurred and entered mto m the good faith performance of those serwees contemplated In ¶¶2 1 and 2 2 above, and further concht~uned upon such contractual obhgatlons having a term not exceeding the full term of this Agreement Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the CHAMBER or to assume the performance of any contractual obligations of the CHAMBER for or under any contract entered into by the CHAMBER as contemplated herein shall not exceed 66 2/3% of the current quarterly payment (e) Further, upon ternunatmn pursuant to ¶4 2(a), the CHAMBER will prowde the CITY l) Within l0 business days from the termination notification, a short-term budget of probable expenditures for the remmmng 60 day period between termination notification and contract termination This budget will be presented to Council for approval within l0 business days after receipt by CITY If formal approval is not given wlttnn l0 business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual penod approved budget, the budget will be considered approved, 2) Within 30 days, a full aeenuntlng of all expenditures not previously audited by the City, 3) Wittun 5 business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period, 4) a final accounting of all expenditures and tax funds on the day of termination The CHAMBER will be obligated to return any unused funds or funds determined to be used improperly Any use of remaining funds by the CHAMBER after notification of termination is conditioned upon such contractual obligations hawng been recurred and entered Into in the good faith performance of those services contemplated In 2 1 and 2 2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement 4.3 Automat/eTermination Thts Agreement shall automatically termanate upon the occurrence of any of the following events (a) The tenmnatmn of the legal existence of the CHAMBER, Co) The insolvency of the CHAMBER, the filing of a petltmn in bankruptcy, either vohmtanly or mvoluntanly, or an assignment by the CHAMBER for the benefit of creditors, Page 5 (c) The continuation of a breach of any of the terms or conditions of tlus Agreement by e~ther the CITY or the CHAMBER for more than t[nrty (30) days after wntten notice of such breach is g~ven to the breaching party by the other party, or (d) The fmlure of the CHAMBER to subnut a financial quarterly report which comphes vath the reporting procedures reqmred hereto and generally accepted accounting prmclplas pnor to the beg~nmng of the next contract term, or quarterly as requn~ by Section 1 3 hereof 4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other prowswn of tins Agreement, to rmt~gate damages and to preserve ewdence and ~ssues for judicial determination, etther party shall have the nght to terminate tins Agreement upon ~mmed~ate not~ee to the other party ~n the event that any person has instituted ht~gat~on concermng the actlwtles of the non-terminating party, and the terminating party reasonably beheves that such act~wt~es are reqmred or prolub~ted under tins Agreement 4 5 In the event that fins Agreement ~s temunated pursuant to ~4 3 or 4 4, CHAMBER agrees to refund any and all unused funds, or funds determined by the CITY to have been used ~mproperly, vathm 30 days after tenumat~on oftlus Agreement V. GENERAL PROVISIONS 5 1 Subcontract for Performance of Serwcas. Nothing ~n th~s Agreement shall prohibit, nor be construed to pmlub~t, the agreement by the CHAMBER w~th another pnvate entity, person, or orgamzat~on for the performance of those services described m ¶2 1 above In the event that the CHAMBER enters into any arrangement, contractual or otherwise, w~th such other entity, person or orgamzat~on, the CHAMBER shall cause such other entity, person, or orgamzat~on to adhere to, conform tO, and be subject to all prowslons, terms, and conditions of tins Agreement and to TEx TAX CObB ch 351, including reporting reqmrements, separate funds maintenance, and llrmtat~ons and prolub~t~ons pertanung to expenchture of the agreed payments and hotel tax funds 5.2 Independent Contractor. The CHAMBER shall operate as an independent contractor as to all serwcas to be performed under tins Agreement and not as an officer, agent, servant, or employee of the CITY The CHAMBER shall have exclusive control of ~ts operations and performance of services hereunder, and such persons, ent~t~es, or orgamzat~ons performing the same and the CHAMBER shall be solely responsible for the acts and omissions of its d~rectors, officers, employeea, agents, and subcontractors The CHAMBER shall not be considered a par~er or joint venturer w~th the CITY, nor shall the CHAMBER be considered nor ~n any manner hold itself out as an agent or official representa~ve of the CITY 5 3 Indemnification. THE CHAMBER AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE CHAMBER OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMSiOR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR Page 6 STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF CHAMBER, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES 5.4 Assignment. The CHAMBER shall not assagn tins Agreement without first obtaining the written consent of the CITY 5.5 Notice. Any notme reqmred to be gaven under t/ns Agreement or any statute, ordinance, or regulaUon, shall be effective when g~ven in writing and deposated an the Umted States mall, cemfied mall, return receipt requested, or by hand-delivery, addressed to the respective parties as follows CITY CHAMBER C~ty Manager Denton Black Chamber of Commerce City of Denton Ehhu Gfllespae 215 E McKumey P O Box 51026 Denton, TX 76201 Denton, Texas 76206 5 6 Inurement. Thts Agreement and each provaslOn hereof, and each and every right, duty, obhgat~on, and hab~hty set forth hereto shall be binding upon and mute to the benefit and obhgatmn of the CITY and the CHAMBER and their respective successors and assagns 5.7 Application of Laws All terms, condatmns, and provaslons of tins Agreement are subject to all apphcable federal laws, state laws, the Charter of the Caty of Denton, all ordinances passed pursuant thereto, and all judmml determmalaons relative thereto 5 8 Exclusive Agreement Tlus Agreement contains the entire understanding and constitutes the enttre agreement between the part,es hereto concermng the subject matter contained here~n There are no representalaons, agreements, arrangements, or understandings, oral or written, express or lmphed, between or among the part,es hereto, relatang to the subject matter of tins Agreement, wtuch are not fully expressed herean The terms and condmons of this Agreement shall prevail notwathstandmg any variance in th~s Agreement fxom the terms and conditions of any other document relating to flus transactaon or these transactions 5.9 Duplicate Originals. Tbas Agreement is executed m duphcate originals 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convemence and do not express or unply any lmutatlon, defimtlon, or extension of the specffic terms of the sectaon and paragraph so designated 5 11 Severabffity. If any sectton, subsection, paragraph, sentence, clause, phrase or word an this Agreement, or application thereof to any person or carcumstance is held mvahd by any court of competent junsdactlon, such holding shall not affect the vahdlty of the remaining portions of flus Agreement, and the parties hereby declare they would have enacted such remalmng portaons despite any such mvalulaty ~age 7 5.12 Insurance. The CHAMBER shall, at a tmmmum, provide insurance as follows $500,000 Commercml General Lxabfllty, or $1,000,000 Event Insurance, covering any event held on C~ty property Statutory Workers' Compensation and Employers' L~ablhty ($100,000/$500,000/$100,000) $500,000 Business Automobile Llabihty on any owned, non-owned or lured vetucles The CITY must be named as an additional insured on all pohc~es (except Workers' Compensataon) and proof of coverage shall be subnntted pnor to any payment by the CITY EXECUTED tins __ day of ,2000 THE CITY OF DENTON, TEXAS By EULINEBROC~MAYOR ByATTEST ~~RL~APPROVED ?O~LEGALy,FORM J JENNIFER WALTERS, ~ CITY ATTORNEY ~ CITY SECRETARY DENTON BLACK C}L~dBER OF c° TE Chmrman/Dlrector f ATTEST APPROVED AS TO LEGAL FORM By By Secretary Page 8 Exh~b~ A DENTON BLACK CHAMBER OF COMMERCE BUDGET PROPOSAL PROGRAM YEAR 2001 REQUESTED *PROGRAM/ACTIVITY AMOUNT ADVERTISING Newspaper Advertising 2,000 Brochure for festival 1,000 Postern, intemet, b~llboard, copIes 1,000 Radio 2,000 Travel - Promobon (Tyler, Austin) 1,000 $ 7,000 ADMINISTRATION Blues Festival Fac~Mator/Publi=st 1,500 General Office Supphes 500 Building operstlons 1,000 $ 3,000 ART ArtiStS 2,000 Sound Equipment 2,000 $ 4,000 TOTAL $ 14,000 *Funding for Blues Fesbval Event Only DENTON BLACK CHAMBER OF COMMERCE FINANCIAL REPORT Exh;b~t B Program Year 2001 15T 2ND 3RD 4TH YEAR BUDGET QUARTER QUARTER QUARTER QUARTER to vs (OCT- DEC) DATE ACTUAL $o $o $o $o $o $o $0 $0 $0 $0 $0 $14,000 0 0 0 0 0 0 $0 $0 $0 $0 $0 $14,000 $0 $0 $0 $0 $0 $2,000 0 0 0 0 0 1,000 0 0 0 0 0 1,000 0 0 0 0 0 2,000 0 0 0 0 0 1,000 $o $o $o $o $o $7,000 $o $o $o $o $o $1,5oo 0 0 0 0 0 500 0 0 0 0 0 1,000 $o $o $o $o $o $3,000 $0 $0 $0 $0 $0 $2,000 0 0 0 0 0 2,000 $o $o $o $o $o $4,000 $0 $0 $0 $0 $0 $14,000 $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o 0 0 0 0 0 0 0 0 0 0 0 0 $o $o $o $o $o $o $o $o $o $o $o $o Date Submitted Program D~fector DENTON COUNTY COMMISSIONERS COURT JUDGE KIRK WILSON August 1, 2000 City Manager City of Denton 215 E McKmney Denton, Texas 76201 Re ICA Marshall Creek Road Dear Mr Jez, On Tuesday, August 1, 2000, the Denton County Commlssioners Court approved the agreement between the City of Denton and Denton County, Texas, Providing for Payment and Use of Hotel Tax Funds for the Courthouse-on-the-Square Museum, $81,780 00 Enclosed are original agreements, please execute all and return one to Denton County Commmsloners Court 110 W Hickory Denton, Texas 76201 Attn Aide to the Court If you have any questions please contact, Mrs Barbara Looper, Aide to the Court, at 940/565-8653 Sln~~ KIRK WILSON County Judge C Robert Sehell, Asst D A CC COURTHOUSE ON THE SQUARE * 110 W HICKORY * DENTON, TEXAS 76201 (940)565-8653 * (800)346-3189 * FAX (940)320-4831 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE COURTHOUSE- ON-THE SQUARE MUSEUM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Tex Tax Code §351 101(a) authorizes the City of Denton, Texas to use revenue from its mummpal hotel occupancy tax to promote tourism and the conventmn and hotel industry by advertising and conducting sohmtatlons and promotional programs to attract tourists and conventmn delegates or registrants to the municipality or its vicinity, as well as to engage m tustoncal restoration and preservation projects and activities and advertising and conducting sohmtatlons and promotmnal programs to encourage tourists and conventmn delegates to wslt preserved bastonc sites and museums, and WHEREAS, the County of Denton, Texas is well equipped to perform those activities by its operation of the Courthouse-on-the-Square Museum, and WHEREAS, Tex Tax Code §351 101(c) authorizes the City of Denton, Texas to delegate by contract with the County of Denton, Texas, as a governmental enUty, the management and supenaslon of programs and activities of the type described herelnabove funded with revenue from the mumclpal hotel occupancy tax, and WHEREAS, both the City of Denton, Texas and the County of Denton, Texas have a secondary source of anthonty to enter into an lnterlocal cooperation agreement, pursuant to Chapter 791 of the Texas Government Code, as the agreement is authorized by both governmental bodies, the agreement states the purpose, terms, nghts, and duties of the contracting parties, the conslderatmn is being prod by City of Denton, Texas out of current revenues, the compensation ~s fair, and the servmes to be performed are "museum services" authorized under §791 003(3)(F) of the Texas Government Code, Much each party is authorized to perform lnchvldually, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute an lnterlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support ot the Courthouse-On-The Square Museum, under the terms and conditions contmned in the agreement, a copy of which is attached hereto and made a part hereof SECTION II That this 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 AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS (COURTHOUSE ON THE SQUARE MUSEUM) (CY2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a mumclpal co~porat~on (the "CITY"), and County of Denton, Texas, a governmental entity existing under the laws of the State of Texas, contracting on behalf of its Courthouse-on-the-Square Museum (collectively, the "MUSEUM") WHEREAS, T~x TAX CODt~ §351 002 authorizes the CITY to levy by ordinance a mumc~pal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration paid by a hotel occupant, and WHEREAS, by ordinance, the CITY has provtded for the assessment and collection of a mumc~pal hotel occupancy tax m the C~ty of Denton of seven percent (7%), and WHEREAS, Tsx TAX COD~ §351 101(a) authorizes the CITY to use revenue from ~ts mumc~pal hotel occupancy tax to promote tounsm and the conventton and hotel industry by advertising and conducting sohc~tat~ons and promotional programs to attract tourists and convention delegates or reg~strents to the mumc~pal~ty or ~ts mctmty, as well as to engage m lustoncal restoration and preservatton projects and act~mt~es and advertising and conducting sohcltat~ons and promottonal programs to encourage tourists and convention delegates to wslt preserved tustonc s~tes and museums, and WHEREAS, the MUSEUM ~s well eqmpped to perform those activities, and WHEREAS, T~x TAX CooE §351 101(c) anthonzes the CITY to delegate by contract with the MUSEUM, as a governmental entity, the management and superws~on of programs and act~mtles of the type described here~nabove funded w~th revenue from the mumc~pal hotel occupancy tax, and WHEREAS, both CITY and MUSEUM have a secondary source of anthonty to enter into tlus Agreement as an mterlocal cooperatton agreement, pursuant to Chapter 791 of the Texas Government Code, as the Agreement ~s anthonzed by both governmental bodies, the Agreement states the purpose, terms, rights, and duties of the contracting part,es, the consideration ~s being paid by CITY out of current revenues, the compensatton is fart, and the serrates to be performed are "museum sermces" authorized under §791 003(3)(F) of the Texas Government Code, wluch each party is anthonzed to perform mrhwdually, NOW, THEREFORE, m constderat~on of the performance of the mutual covenants and promises contained here~n, the CITY and the MUSEUM agree and contract as follows I. HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and m consideration of the act~wt~es to be performed by the MUSEUM under this Agreement, the CITY agrees to pay to the MUSEUM a po~on of the hotel tax revenue collected by the CITY at the rates and m the manner specffied herein (such payments by the CITY to the MUSEUM sometunes hereto referred to as the "agreed payments" or "hotel tax funds") 1.2 Amount of Payments (a) As used m th~s Agreement, the following terms shall have the following specific meanmgs 0) The term "hotel tax revenue" shall mean the gross momes collected and received by the City as mumclpal hotel occupancy tax at the rate of seven percent (7%) of the price prod for a room m a hotel, pursuant to Texas Tax Code 351 002 and City Ordinance Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer 00 The term "Collectton period" will mean the collection period for the CITY's fiscal year It roll include hotel tax revanue due to the City for the relevant fiscal year and collected through the 22nd day of the month followng the close of the relevant fiscal year (m) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of tune (t e, fiscal year or fiscal quarter), less (1) attorney and auditing costs recurred during such relevant period of tune for costs of collection or aucht~ng of hotel taxpayers Attorney and audatmg costs include fees prod to attorneys or agents not m the regular employ of the CITY for wluch attorneys or agents effect comphance or collecUon of the hotel tax fi.om taxpayers, and (2) court costs and other expenses incurred m ht~gat~on agmust or auditing of such taxpayers 0v) The term "contract quarter" shall refer to any quarter of the calendar year m wlueh tlus A~eement is m force Contract quarters will end on Match 31St, June 30th, September 30"~, and December 31 st of each contract year (b) In return for satisfactory performance of the actlwt~es set forth m th~s Agreement and all attachments hereto, the CITY shall pay to MUSEUM an amount of money m each contract year equal to the lesser amount of Seven and S~xty-Two One Hundredths percent (7 62%) of the annual base payment amount or the fixed contract amount of E~ghty-One Thousand~ Seven Hundred E~ghty Dollars ($81,780) Ttus amount will be diwded into quarterly payments ~equal to 25% of the annual fixed contract amount, unless the CITY can show wtth reasonabl6 certmnty that the annual base payment amount wdl be less than originally estimated for the fiscal year The fourth quarterly payment will represent 25% of the fixed contract amount or the unpmd remmnder of 7 62% of the base payment amount, whichever ~s less Each quarterly payment is subject to receipt of unused funds fi.om the prior contract period and the receipt of the reqmred quarterly reports 1 3 Dates~ofPayments (a) The term "quarterly payments" shall mean payments by the CITY to the MUSEUM of those amounts specified m ¶1 2, above, as determined by the hotel tax revenue collected Page 2 Co) Each quarterly payment shall be prod upon recetpt of the required reports and after the 25th day following the last day of the contract quarter If quarterly financial and performance reports are not recetved wltlun thirty (30) days of the end of the applicable contract quarter, the rectptent may be held m breach of flus Agreement The CITY may withhold the qua~erly payment(s) until the appropriate reports are recetved and approved, wtueh approval shall not unreasonably be wtthheld 1 4 Other hmitat~ons regarding consideration. (a) The funchng of flus project m no way conmuts the CITY to future fimdmg of flus program beyond the current contract period Any future funding is solely the responstbfllty of the MUSEUM Co) It m expressly understood that flus contract in no way obhgates the General Fund or any other momes or credits of the CITY (e) CITY may withhold further allocations ff CITY determines that MUSEUM's expenditures dewate matenally fi.om their approved budget II USE OF HOTEL TAX REVENUE 2 1 Use of Funds. For and ~n consideration o£ the payment by the CITY to the MUSEUM of the agreed payments of hotel tax funds specified above, the MUSEUM agrees to use such hotel tax funds only for adverttsmg and conducting sohc~ta~lous and promotional programs to attract tourists and conventmn delegates or registrants to the mummpahty or its vmmlty, as well as to engage m tustoncal restoration and preservatmn projects and actiwtles and adve~lsmg and conducting sohettations and promotional programs to encourage totmsts and convention delegates to wstt preserved tustonc sttas and museums, as authorized by TEX TAX CODE §351 101(a)(3) and (a)(5) Funds for any calendar year wtuch are unused by mldmght December 31st of that year shall be refunded to CITY wtthln tbarty (30) days 2.2 Administrative Costs. The hotel tax funds received fi:om the CITY by the MUSEUM may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other admmastrative costs that are tncurred directly tn the performance by the MUSEUM of those acttvmes specffied m ¶2 1 above and are allowed by TEx TAX Cor)E §351 101(f) 2.3 Specific Restrictions on Use of Funds (a) That po~on of total adrmmstratlve costs of the MUSEUM for whmh hotel tax funds may be used shall not exceed that po~on of the MUSEUM's admtmstratlve costs actually recurred tn conducting the actiwtles specffied m ¶2 1 above Co) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of wbach is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an effictent and professional manner Page 3 IH. RECORDKEEPING AND REPORTING REQUIREMENTS 3 1 Budget. (a) The MUSEUM shall prepare and subnut to the C~ty Manager of the CITY an annual budget (see Exhibit "A') as approved by the City Council for each calendar year, for such operatmns of the MUSEUM m winch the hotel tax funds shall be used by the MUSEUM Tins budget shall specafieally adent~fy proposed expenditures of hotel tax funds by the MUSEUM In other words, the CITY should be able to audit specifically where the funds m the separate account relating to hotel tax funds will be expended The CITY shall not pay to the MUSEUM any hotel tax revenues as set forth m Section I of flus contract dunng any fiscal year of flus Agreement unless a budget for such respective fiscal year has been approved m writing by the Denton Caty Council authorizing the expenditure of funds Failure to submit an annual budget may be consadered a breach of contract, and if not remedaed as consadered grounds for termlnataon of flus Agreement as stated m paragraph 4 2 Co) The MUSEUM acknowledges that the approval of such budget by the Denton City Council creates a fiflucaary duty m the MUSEUM with respect to the hotel tax funds paid by the CITY to the MUSEUM under flus Agreement The MUSEUM shall expend hotel tax funds only an the manner and for the purposes specified m thas Agreement, TEX T^x CoDE §351 101(a) and an the budget as approved by the CITY 3.2 Separate Accounts The MUSEUM shall maintain any hotel tax funds paid to the MUSEUM by the CITY an a separate bank account wath segregated accounting, such that any reasonable person can revaew the source of expenditures of tax funds A bank reconcahation report (see Exhflut "B") as reqmred with each quarterly report 3 3 Financial Records. The MUSEUM shall maintain complete and accurate financaal records of each expenditure of the hotel tax funds made by the MUSEUM These funds are reqmred to be classified as restricted funds for audited financml purposes, and may not be used for supportmg sedates, including, but not lmalted to, auditing fees and attorney's fees Upon reasonably advance written request of the Denton Caty Council, the Caty Manager or designate, or any other person, shall make such financaal records available for luspection and review by the party malang the request MUSEUM understands and accepts that all such financial records, and any other records relating to flus Agreement shall be subject to the Public Informataon Act, TEx GOv'T CODE, eh 552, as hereafter amended 3.4 Quarterly Reports. Wathm tlurty days after the end of every contract quarter, MUSEUM shall fumlsh to CITY (1) a performance report of the work performed under flus Agreement describing the aet~vataes performed pursuant to flus Agreement dunng that contract quarter, (2) a hst of the expenditures made wath regard to hotel tax funds pursuant to TEX TAX CODE §351 101(c), and (3) a copy of all financial records (e g, receipts, invoices, bank statements, and other relevant documentatmn) Both the performance and expenditure reports wall be m a form either detenmned or approved by the Caty Manager or deaignate (see Exhibit "B") The MUSEUM shall respond promptly to any request from the Caty Manager of the CITY, or designate, for additional lnformataon relating to the actavitaes performed under this Agreement P~e4 3 $ Notice of Meetings. The MUSEUM shall give the C~ty Manager of the CITY reasonable advance written not,ce of the t~me and place of all meetings of MUSEUM's Board of D~rectors, as well as any other meeting of any constttuency of the MUSEUM at which ttus Agreement or any matter the subject of ttus Agreement shall be considered Ttus provision shall not be deemed to reqmre tho MUSEUM to give not~ce of any executive session of the Executive Commattee of the MUSEUM IV TERM AND TERMINATION 4.1 Term. The term of tins Agreement shall commence on January 1, 2001 and terminate at rmdmght on December 31, 2001 Tlus term shall be a period of one year 4 2 Termination Without Cause. (a) Tlus Agreement may be tenmnated by c~ther party, with or without cause, by g~vmg the other party s~xty (60) days advance written not~ce Co) In the event tlus contract ~s terminated by c~ther party pursuant to Section 4 2(a), the CITY agrees to reimburse the MUSEUM for any contractual obhgatwns of the MUSEUM undertaken by the MUSEUM in satisfactory performance of those act~wties specified m ¶¶2 1 and 2 2 above and that were approved by the Cotmcll through the budget, as noted ~n ¶3 1 Ttus reimbursement ~s conditioned upon such contractual obhgat~ons hawng been incurred and entered ~nto m the good ftuth performance of those serwces contemplated ~n ¶¶2 1 and 2 2 above, and further conditioned upon such contractual obhgatlons having a term not exceeding the full term of th~s Agreement Notwtthstand~ng any provision hereof to the contrary, the obhgat~on of the CITY to reimburse the MUSEUM or to assume the performance of any contractual obhgat~ons of the MUSEUM for or under any contract entered rote by the MUSEUM as contemplated hereto shall not exceed 66 2/3% of the current quarterly payment (c) Further, upon ternunatton pursuant to ¶4 2(a), the MUSEUM wall prowde the CITY 1) W~tlun 10 bus~ness days from the termination notification, a short-term budget of probable expenditures for the remmmng 60 day period between termination notification and contract tormmatwn Th~s budget w~ll be presented to Council for approval witinn 10 bus~ness days after receipt by CITY If formal approval ~s not given wltlun 10 bus~ness days and the budget does not contatn any expenditures that would be prohibited by the Texas Tax Code, and ~s w~tlun the current contractual period approved budget, the budget w~ll be considered approved,, 2) W~tinn 30 days, a full accounting of all expenditures not previously audited by the C~ty, 3) W~tlun 5 bus~ness days of a request from the CITY, a hstmg of expenditures that have occurred s~nce the last required reporting period, 4) a final accounting of all expenditures and tax funds on the day of terminat~on The MUSEUM w~ll be obligated to return any unused funds or funds determined to be used ~mproperly Any use of remaining funds by the MUSEUM after notification of termmatmn is conditioned upon such contractual obhgatlons having been incurred and entered ~nto ~n the good faith performance of those services contemplated m 2 1 and 2 2 above, and further conditioned upon such contractual obligations hawng a term not exceeding the full term ofth~s Agreement P~e5 43 Automatic Terminat~on. Tlus Agreement shall automatmally term:nate upon the occurrence of any of the following events (a) The temunat~on of the legal emstence of the MUSEUM, (b) The ~nsolvency of the MUSEUM, the filing of a petition m bankruptcy, e~ther voluntarily or mvoluntanly, or an assignment by the MUSEUM for the benefit of erechtors, (e) The continuation of a breach of any of the terms or conditions of this Agreement by e~ther the CITY or the MUSEUM for more than thirty (30) days after written not,ce of such breach ~s g~ven to the breaching party by the other party, or (d) The failure of the MUSEUM to subnut a flnancml quarterly report which comphes w~th the reporting procedures reqmred here~n and generally accepted accounting pnnc~ples prior to the begmmng of the next contract term, or quarterly as reqmred by Section 1 3 hereof 4.4 Right to Immediate Termination Upon Litigation Notwithstanding any other pmms~on of tlus Agreement, to wat~gate damages and to preserve ewdence and zssues for judlcml determmalaon, etther party shall have the right to terminate ttus Agreement upon zmmedaate nottce to the other party m the event that any person has mshtuted htagataon eoncermng the aetiwties of the non-temunatmg party, and the terminating party reasonably beheves that such act~vmes are reqmred or prohibited under this Agreement 4 5 In the event that fins Agreement is termmated pursuant to ~43 or 44, MUSEUM agrees to refund any and all unused funds, or funds determined by the CITY to have been used ~mproperly, w~th~n 30 days after termmatmn of tins Agreement V GENERAL PROVISIONS 5 1 Subcontract for Performance of Services Nothing in this Agreement shall prohihit, nor be construed to prohibit, the agreement by the MUSEUM with another private entity, person, or organization for the performance of those servmes described in ¶2 1 above In the event that the MUSEUM enters into any arrangement, contractual or otherwise, with such other entity, person or orgamzatton, the MUSEUM shall cause such other entity, person, or orgamzatlon to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEx Tax Co[~E ch 351, mcludmg reportmg reqmrements, separate funds maintenance, and hnutations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds 5 2 Independent Contractor The MUSEUM shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY The MUSEUM shall have exclusive control of ~ts operatmns and performance of servmes hereunder, and such persons, entrees, or orgamzahons performing the same and the MUSEUM shall be solely responsible for the acts and om~ss~ons of ~ts directors, officers, employees, agents, and subcontractors The MUSEUM shall not be considered a partner or joint venturer w~th the CITY, nor shall the MUSEUM be considered nor in any manner hold ~tself out as an agent or officml representative of the CITY ·age 6 5 3 Indenmifleation. TO THE EXTENT AUTHORIZED BY LAW, THE MUSEUM AGREES I TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WltATEYER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE MUSEUM OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF MUSEUM~ ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES 5.4 Assignment. The MUSEUM shall not assign flus Agreement w3thout first obtamang the written consent of the CITY 5 5 Notice. Any notaeo reqmred to be g~ven under flus Agreement or any statute, ordmaneo, or regulalmn, shall be effective when given m wrmng end deposited an the Umted States mml, cetafied mml, remm receipt requested, or by hand-dehvery, addressed to the respective parUes as follows CITY MUSEUM City Manager Denton County Courthouse-On-The Square City of Denton Museum 215 E McKmney Courthouse-On-The-Square Denton, TX 76201 Georgm Caraway, Director 110 W Hickory St Denton, Texas 76201 5 6 Inurement. Tlus Agreement and each provision hereof, and each and every right, duty, obhgatlon, and hablhty set forth hereto shall be binding upon and ~nure to the benefit and obhgat~on of the CITY and the MUSEUM and their respective successors and assigns 5.7 Application of Laws All terms, conditions, and provisions of th~s Agreement are subject to all applicable federal laws, state laws, the Charter of the C~ty of Denton, all ordinances passed pursuant thereto, and all judicial determanatmns relative thereto 5 8 Exclusive Agreement. Tlus Agreement contmns the entire understanding and constitutes the entire agreement between the pames hereto eoncermng the subject matter contained hereto There are no representations, agreements, arrangements, or understandings, oral or written, express or ~mphed, between or among the pames hereto, relating to the subject matter of flus Agreement, wbach are,not fully expressed hereto The terms end condmons of flus Agreement shall prevail notwithstanding any variance In tins Agreement from the terms and condmons of any other document relating to flus transaction or these transactions 5 9 Duplicate Originals. This Agreement is executed in dupheate originals Page 7 S.10 Headings. The headings and subheadings of the vanons sections and paragraphs of th~s Agreement are inserted merely for the purpose of convemence and do not express or nnply any llrmtatlon, 'defimtlon, or extension of the specffic terms of the section and paragraph so designated S 11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word ~n tins Agreement, or apphcatmn thereof to any person or c~rcumstance ~s held mvahd by any court of competent junsd~ctmn, such holding shall not affect the vahd~ty of the remalnm§ portions of tins Agreement, and the parUes hereby declare they would have enacted such remmmng po~ons despite any such invalidity $12 Insurance. The MUSEUM shall prowde ~nsurance as follows 1 Statutory Workers' Compensation and Employers' L~ablhty ($100,000/$500,000/$100,000) Proof of coverage shall be submitted prior to any payment by the CITY EXECUTED tins/~_~ day of _g~ef~ ~ ,2000 THE CITY OF DENTON, TEXAS By EULINE BROCK. MAYOR ByAT FEST ~~ r ENT/o? cp TEXAS'- ATTEST APPROVED AS TO LEGAL FORIVl By By~~ Secretary DIS/T.~ICg ATTOR~qEY Page 8 Exhibit A COURTHOUSE ON THE SQUARE MUSEUM BUDGET PROPOSAL PROGRAM YEAR 2001 REQUESTED PROGRAM/ACTIVITY AMOUNT ADVERTISING Brochures, Newspaper, & Magazine V~s~tor Tours $ 7,000 ADMINISTRATION Volunteer Tra~mng 900 Membership Dues 180 Interns 4,000 Collections Manager 10,000 Contract Labor 7500 Executive Director 15,000 Administrative Assistant 7,000 Tourism Director 18,000 $ 62,880 HISTORICAL Amhival Preservation Supplies 6000 Reference Books 200 Furmshin~;/Equ;pment 6000 $ 12,200 TOTAL $ 81,780 DENTON COUNTY COURTHOUSE-ON-THE SQUARE MUSEUM Exhibit B FINANCIAL REPORT Program Year 2001 1ST 2ND 3RD 4TH YEAR BUDGET QUARTER QUARTER QUARTER to vs - SEP) DATE ACTUAL $o $o $o $o $o $o $0 $0 $0 $0 $0 $81,780 0 0 0 0 0 0 $0 $0 $0 $0 $0 $81,780 $0 $0 $0 $0 $0 $7 000 $0 $0 $0 $0 $0 $7 000 $o $o $o $o $o $6,ooo 0 0 0 0 0 20O 0 0 0 0 0 6,000 $0 $0 $0 $0 $0 $12,200 $o $o $o $o $o $900 0 0 0 0 0 180 0 0 0 0 0 4 000 0 0 0 0 0 10,000 0 0 0 0 0 7,500 0 0 0 0 0 15,000 0 0 0 0 0 7 000 0 0 0 0 0 18,000 $0 $0 $0 $0 $0 $81,780 $0 $0 $0 $0 $0 $81,780 $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o 0 0 0 0 0 0 0 0 0 0 0 0 $o $o $o $o $o $o $o $o $o Datoi Submitted Program Director DENTON COUNTY COMMISSIONERS COURT August 1 2000 Month Day Year Court Order Number: ~ ~)'~ 0 .~0~ TItE ORDER: A_nnrovAL OF A~,reement between the City of Denton and Denton County, / ti Texas Providing for Payment and Use of Hotel Tax Funds for the Courthouse · ~ on the Square Museum, $81~7~0 00. Motion b~k~,c~ Seconded by County Judge Yes Kirk Wilson Abstain __ No __ Absent __ C,ommissloner Pet No 1 Yes__ ~ Commissioner Pet No 2 Yes Jeff Krueger Abstain -- Sandy Jacobs Abstain No -- No Absent -- Absent Commissioner Pct No 3 Yes _~ Commissioner Pct No 4 Yes Scott Armey Abstain __ Jim Carter Abstain No -- No Absent -- Absent Motion Carried Other Actmn Pulled from Consent __ No Actmn Postponed BY O~ER OF THE C~SSIONE~ COURT ATTEST ~ ~ ,,~, ~ CynthlaM~tchelI, Coun~Clerk and Ex Officio Clerk of the Denton Count, Texas APPROVED AS TO FORM ~ Assistant District Attorney ~///~/~0~ o~v~ xxxx De ORDINANCE NO AN ORDINANCE AUTHORIZiNG THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE KIWANIS CLUB OF DENTON, TEXAS, INC FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Kiwanis Club of Denton, Texas, Inc for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of wNch is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tlns thc day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO AGREEMENT BETWEEN THE CITY OF DENTON AND KIWANIS CLUB OF DENTON, TEXAS, INC (CY2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a mumclpal corporation (the "CITY"), and the Kawams Club of Denton, Texas, Inc, a legal entity meorporated on September 6, 1939 under the laws of the State of Texas (the "CLUB") WHEREAS, Tex TAX Cove §351 002 authorizes the CITY to levy by ordinance a mummpal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideratmn pa~d by a hotel occupant, and WHEREAS, by ordinance, the CITY has prowded for the assessment and eollectmn of a mummpal hotel occupancy tax m the C~ty of Denton of seven percent (7%), and WHEREAS, T~x T^X Cooe §351 101(a) authorizes the CITY to use revenue fi.om its mumclpal hotel occupancy tax to promote tounsm and the convention and hotel ~ndustry by advertlsmg and conducting sohc~tat~ons and promotmnal programs to attract tourists and convention delegates or registrants to the mumcipahty or its VlClmty, and the encouragement, promotion, unprovement, and apphc~on of the arts including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied rields, painting, sculpture, photography, graphtc and craft arts, mohon pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exl~b~t~on of these major art forms, and WHEREAS, the CLUB is well eqmpped to perform those activities, and WHEREAS, Tex T^x Cove §351 101(c) authorizes the CITY to delegate by contract wath the CLUB, as an independent enlaty, the management and supermslon of programs and act~wlaes of the type described heramabove funded with revenue from the mumc~pal hotel occupancy tax, NOW, THEREFORE, m conslderatton of the performance of the mutual covenants and promises contained here~n, the CITY and the CLUB agree and contract as follows I. HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and in consideration of the activltmS to be performed by the CLUB under tins Agreement, the CITY agrees to pay to the CLUB a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the CLUB sometunes herein referred to as the "agreed payments" or "hotel tax funds") 1.2 Amount of Payments. (a) As used in this Agreement, the following terms shall have the following specific meanings (0 The term "hotel tax revenue" shall mean the gross monies collected and recolved by the City as mummpal hotel occupancy tax at the rate of seven percent (7%) of the price prod for a room xn a hotel, pursuant to Texas Tax Code 351 002 and C~ty Ordinance Hotel tax revenue wdl mehide penalty and interest related to the late payments of the tax revenue by the taxpayer 01) The term "Collection period" will mean the collection period for the CITY's fiscal year It wtll include hotel tax revenue due to the C~ty for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year 0n) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period oft~me (t e, fiscal year or fiscal quarter), less (1) attorney and and~tmg costs ~neurrcd dunng such relevant period of tune for costs of collect'ton or auditing of hotel taxpayers Attorney and audttmg costs include fees pard to attorneys or agents not tn the regular employ of the CITY for wbach attorneys or agents effect comphance or collectmn of the hotel tax from taxpayers, and (2) corot costs and other expenses incurred m ht~gatmn against or auchtmg of such tsxpayers 0v) The term "contract quarter" shall refer to any quarter of the calendar year tn whtch tlus Agreement is m force Contract quarters will end on March 31st, June 30th, September 30t~, and December 31st of each contract year (b) In return for satisfactory performance of the act~Vlt~es set forth in th~s Agreement and all attachments hereto, the CITY shall pay to CLUB an amount of money m each contract year equal to the lesser amount of Two and F~ve One-Hundredths of a percent (2 05%) of the annual base payment amount or the fixed contract amount of Twenty-Two Thousand Dollars ($22,000) Ttus amount will be d~wded ~nto quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show w~th reasonable certainty that the annual base payment amount will be less than ongmally estimated for the fiscal year The fourth quarterly payment will represent 25% of the fixed contract amount or the unpmd remainder of 2 05% of the base payment amount, wbachever ~s less Each quarterly payment ~s subject to receipt of unused funds from the prior contract period and the receipt of the reqmred quarterly reports 1.3 Dates of Payments. (a) The term "quarterly payments" shall mean payments by the CITY to the CLUB of those amounts specffied in ¶1 2, above, as determined by the hotel tax revenue collected (b) Each quarterly payment shall be pard upon receipt of the reqmred reports and after the 25th day following the last day of the contract quarter If quarterly f'manc~al and performance reports are not received wlttun tbarty (30) days of the end of the apphcable contract quarter, the recipient may be held m breach of tins Agreement The CITY may w~thhold the quarterly payment(s) until the appropriate reports are received and approved, which approval shall not unreasonably be w~thheld ~Page 2 1 4 Other Hmitations regarding considerat~on (a) The funding of tlus project in no way commits the CITY to future funding of flus program beyond the current contract period Any future funding is solely the responsiblhty of the CLUB (b) It is expressly understood that tins contract in no way obhgates the General Fund or any other momes or erexhts of the CITY (c) CITY may wath_hold further alloeaUons if CITY determines that CLUB's expendrtures dewate materially from their approved budget II USE OF HOTEL TAX REVENUE 2 1 Use of Funds. For and m considerahon of thc payment by the CITY to the CLUB of the agreed payments of hotel tax funds specified above, the CLUB agrees to use such hotel tax funds only for advea~lsmg and eonduclang sohcltatlons and promouonal programs to a~act tourists and convenlaon delegates or registrants to the mumclpallty or its Vlcimty by the encouragement, promotion, maprovement, and apphcalaon of the arts mcluchng instrumental and vocal music, dance, drama, folk art, croaave writing, arelutecture, design and allied fields, painting, sculptore, photography, grapba¢ and craf~ arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentatmn, performance, execution, and exbabltmn of these major art forms, as authorized by TEX TAX CooI~ §351 101(a) (3) & (4) Funds for any calendar year which are unused by nudmght December 318t of that year shall be refunded to CITY wathm tturty (30) days 2 2 Administrative Costs. The hotel tax funds received from the CITY by the CLUB may be spent for day-to-day operations, supphes, salaries, office rental, travel expenses, and other admmastrat~ve costs that are incurred d~rectly in the performance by the CLUB of those act~vatles specified m ¶2 1 above and are allowed by TEx TAx CODE §351 101(f) 2 3 Specific Restrictions on Use of Funds. (a) That portton of total admmastratlve costs of the CLUB for wbach hotel tax funds may be used shall not exceed that pomon of the CLUB's admlmstratlve costs actually incurred m conducting the actawtms specified m ¶2 1 above Co) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of wtuch is not (hrectly related to the promohon of local totmsm and the convenhon and hotel industry or the performance of the person's job in an efficient and professional manner IH. RECORDKEEPING AND REPORTING REQUIREMENTS 3 1 Budget. (a) The CLUB shall prepare and submit to the City Manager of the CITY an annual budget (see Extublt "A") as approved by the City Council for each calendar year, for such operations of the Page 3 CLUB ~n winch the hotel tax funds shall be used by the CLUB Tlus budget shall specifically ~denUfy proposed expenditures of hotel tax fimds by the CLUB In other words, the CITY should be able to aucht specffically where the funds ~n the separate account relating to hotel tax funds wdl be expended The CITY shall not pay to the CLUB any hotel tax revenues as set forth m Section I of flus contract dunng any fiscal year of tins Agreement unless a budget for such respective fiscal year has been approved m writing by the Denton C~ty Councd authorizing the expendtture of funds Fatlure to subnnt an annual budget may be considered a breach of contract, and ~f not remeched ~s considered grounds for termtnat~on of tlus Agreement as stated m paragraph 4 2 (b) The CLUB acknowledges that the approval of such budget by the Denton C~ty Councd creates a fiduciary duty tn the CLUB w~th respect to the hotel tax funds prod by the CITY to the CLUB under tlus Agreement The CLUB shall expend hotel tax funds only m the manner and for the purposes specified m tins Agreement, TEx T^x CODE §351 101(a) and m the budget as approved by the CITY 3 2 Separate Aeeunnts. The CLUB shall maintain any hotel tax funds prod to the CLUB by the CITY tn a separate bank account wtth segregated accounting, such that any reasonable person can rewew the source of expenrhtures of tax funds A bank reconclhat~on report (see Exlubtt '~B") ~s reqmred wth each quarterly report 3.3 Financial Re¢ordso The CLUB shall maintain complete and accurate financml records of each expen/hture of the hotel tax funds made by the CLUB These funds are requtred to be classffied as restricted funds for auchted financml purposes, and may not be used for supporting services, including, but not lumted to, auditing fees and attorney's fees Upon reasonably advance wntten request of the Denton City Council, the C~ty Manager or designate, or any other person, shall make such financial records available for tnspectton and rewew by the party making the request CLUB understands and accepts that all such financml records, and any other records relating to flus Agreement shall be subject to the Pubhc Information Act, Tax GOV'T CODE, ch 552, as hereafter amended 3 4 Quarterly Reports. After unttal receipt of hotel tax funds, and vottun tturty days after the end of every quarter thereafter, until all funds have been expended and reported to the CITY, CLUB shall funush to CITY (1) a performance report of the work performed under this Agreement descnbtng the act~vmes performed pursuant to tlus Agreement dunng that contract quarter, (2) a hat of the expenditures made with regard to hotel tax funds pursuant to TEx T^x CODE §351 101(c), and (3) a copy of all financial records (e g, receipts, tnvo~ces, bank statements, and other relevant documentatton) Both the performance and expenchture reports wll be tn a form e~ther detormmed or approved by the C~ty Manager or designate (see Ex}ub~t "B') The CLUB shall respond promptly to any request from the City Manager of the CITY, or designate, for adtht~onal lnformat~on relating to the activities performed under tlus Agreement 3 5 Notice of Meetings. The CLUB shall g~ve the C~ty Manager of the CITY reasonable advance written notme of the ttme and place of all meettngs of CLUB's Board of D~rectors, as well as any other meeting of any constituency of the CLUB at whmh tins Agreement or any matter the subject of this Agreement shall be considered Th~s provision shall not be deemed to reqmre the CLUB to gtve not,ce of any executive sessmn of the Executive Committee of the CLUB Page 4 IV. TERM AND TERMINATION 4 1 Term. The term of flus Agreement shall commence on January 1, 2001 and termmate at m~dmght on December 31, 2001 Tins term shall be a period of one year 4 2 Termination Without Cause. (a) This Agreement may be tenmnated by either party, with or without cause, by g~xang the other party sixty (60) days advance written not,ce Co) In the event this euntract is terminated by either party pursuant to Section 4 2(a), the CITY agrees to reimburse the CLUB for any contractual obligations of the CLUB undertaken by the CLUB m satisfactory performance of those actiwtIes specified in ¶¶2 1 and 2 2 above and that were approved by the Council through the budget, as noted in ¶3 1 This reimbursement ~s conditioned upon such contractual obhgatlons having been recurred and entered into in the good froth performance of those services contemplated In ¶¶2 1 and 2 2 above, and further conditioned upon such contractual obhgatlons having a term not exceeding the full term of fins Agreement Notwlthstandmg any prows~on hereof to the contrary, the obllgat~on of the CITY to reimburse the CLUB or to assume the performance of any contractual obhgatlons of the CLUB for or under any contract entered ~nto by the CLUB as contemplated herein shall not exceed 66 2/3% of the current quarterly payment (c) Further, upon termmatmn pursuant to ¶4 2(a), the CLUB will provide the CITY 1) W~thln 10 business days from the termmation notification, a short-term budget of probable expenditures for the remtumng 60 day period between termination notification and contract termlnatmn Tlus budget will be presented to Council for approval within l0 business days after receipt by CITY If formal approval is not given within 10 bus~ness days and the budget does not cuntmn any expenditures that would be protubited by the Texas Tax Code, and is wIttun the current contractual period approved budget, the budget will be considered approved, 2) W~tban 30 days, a full accounting of all expenthtures not previously audited by the City, 3) Within 5 business days of a request from the CITY, a hstlng of expenditures that have occurred since the last reqmred reportmg period, 4) a final accountmg of all expenditures and tax funds on the day of termination The CLUB will be obligated to return any unused funds or funds determined to be used improperly Any use of rematmng funds by the CLUB after notfficatlon of termination ~s conditioned upon such contractual obhgatmns having been incurred and entered into in the good froth performance of those services contemplated ~n 2 1 and 2 2 above, and further condltmned upon such contractual obhgatlons hawng a term not exceeding the full term of ttus Agreement 4 3 Automatic Terminatmn. Ttus Agreement shall automatically terminate upon the occurrence of any of the following events (a) The terrmnatlon of the legal existence of the CLUB, Co) The msolveney of the CLUB, the filing ora petmon m bankruptcy, either voluntarily or involuntarily, or an assignment by the CLUB for the benefit of eredltors, P~e5 (c) The continuation of a breach of any of the terms or conditions of tbas Agreement by e~ther the CITY or the CLUB for more than tbarty (30) days al~er written not,ce of such breach is gtven to the breactung party by the other party, or (d) The fmlure of the CLUB to submit a financml quarterly report wbach comphes with the reporting procedures reqmred herein and generally accepted accounting pnnmples prior to the beginning of the next contract tema, or quarterly as reqmred by Section 1 3 hereof 4.4 Right to Immediate Termination Upon Litigation Notwithstanding any other pmvls~on of tins Agreement, to m~t~gate damages and to preserve evidence and ~ssues for judicial determmataon, either party shall have the right to terminate this Agreement upon ~mmedlate notme to the other party m the event that any person has instituted ht~gat~on concerning the act~v~ttes of the non-termanatmg party, and the terminating party reasonably beheves that such act~wttes are reqmred or pmbablted under this Agreement 4 5 In the event that tins Agreement ~s temunated pursuant to ¶¶4 3 or 4 4, CLUB agrees to refund any and all unused funds, or funds determmed by the CITY to have been used ~mproperly, w~llun 30 days after termmatmn oftlus Agreement V GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Notlung m tins Agreement shall protub~t, nor be construed to pmlub~t, the agreement by the CLUB wxth another pnvate entity, person, or orgam- zatmn for the performance of those servxces described m ¶2 1 above In the event that the CLUB enters mto any arrangement, contractual or otherwise, w~th such other entay, person or orgamzat~on, the CLUB shall cause such other entity, person, or orgamzatlon to adhere to, conform to, and be subject to all pmxnsmns, terms, and con~htmns oftlus Agreement and to TEx T^x CODE ch 351, including reporting reqmrements, separate funds mmntenance, and hm~tatmns and protubmons pert~unmg to expenchmre of the agreed payments and hotel tax funds 5 2 Independent Contractor The CLUB shall operate as an independent contractor as to all servmes to be performed under flus Agreement and not as an officer, agent, servant, or employee of the CITY The CLUB shall have exclusive control of xts operatmns and performance of sorwces hereunder, and such persons, entxt~es, or orgamzat~ons performing the same and the CLUB shall be solely responsible for the acts and ormssmns of ~ts dtrectors, officers, employees, agents, and subcontractors The CLUB shall not be considered a partner or joint venturer wth the CITY, nor shall the CLUB be considered nor m any manner hold itself out as an agent or official representative of the CITY 5 3 Indemnification THE CLUB AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY .MhrD ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE CLUB OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAWs OR BASED~ IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT Page 6 OR INTENTIONAL ACTS OF CLUB, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES. 5 4 Assignment. The CLUB shall not assign this Agreement wlthotlt first obtatmng the written consent of the CITY 5 5 Notice. Any notice reqmred to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given m writing and deposited in the Umted States mml, ce~fied mml, return receipt requested, or by hand-delivery, addressed to the respective parties as follows CITY CLUB City Manager Denton IQwams Club, Inc City of Denton Joyce George 215 E MeKumey 1701 N Elm St Denton, TX 76201 Denton, Texas 76205 5 6 Innrement. This Agreement and each provision hereof, and each and every right, duty, obligation, and habthty set forth hereto shall be bm/hng upon and inure to the benefit and obhgat~on of the CITY and the CLUB and their respective successors and assigns 5 7 Application of Laws All terms, conditions, and prowsions of ttus Agreement are subject to all apphcable federal laws, state laws, the Charter of the City of Denton, all or(hnances passed pursuant thereto, and alljudmial determmalaons relative thereto 5.8 Exclusive Agreement. Tins Agreement contains the entire understanding and constitutes the entire agreement between the pames hereto concermng the subject matter contmned hereto There are no representations, agreements, arrangements, or understandings, oral or wntten, express or implied, between or among the pames hereto, relaung to the subject matter of fins Agreement, winch are not fully expressed herein The terms and condations of fins Agreement shall prevml notwithstanding any vanance m tins Agreement fi.om thc terms and condllaons of any other document relating to fins transactmn or these transactions 5 9 Duplicate Originals. Tlus Agreement is executed m duplicate originals 5 10 Headings. The headings and subheadings of the vanous sections and paragraphs of fins Agreement are inserted merely for the purpose of convemencc and do not express or nuply any hrmtatmn, defimtlon, or extensmn of the specffic terms of the section and paragraph so designated 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word ~n fins Agreement, or apphcat~on thereof to any person or circumstance is held invalid by any court of competent junsthctmn, such holding shall not affect thc validity of the remaining pomons of tins Agreement, and the parties hereby declare they would have enacted such remmmng portions despite any such mvalmhty Page 7 5 12 Insurance. The CLUB shall pmvtde insurance as follows 1 $500,000 Commercial General Lmblhty, or $1,000,000 Event Insurance, covenng all events taking place on Ctty-owned property 2 Statutory Workers' Compensation and Employers' L~ablhty ($100,000/$500,000/$100,000) The CITY must be named as an addmonal insured on all pohc~es (except Workers' Compensatmn) and proof of coverage shall be submitted prior to any payment by the CITY EXECUTED flus __ day of ,2000 THE CITY OF DENTON, TEXAS By EULINE BROCK, MAYOR ATTEST ~ By ~- JENNIFER WALTERS, ~ CITY A~NEY INC ATTEST APPROVL~t~IOS TO LEGAL FORM BySecre~~~'~ By Page 8 E,~b~t A KIWANIS CLUB BUDGET PROPOSAL PROGRAM YEAR 2001 REQUESTED PROGRAM/ACTIVITY AMOUNT ADVERTISING Adverbsing/Promohons $ 3,500 F~rewod~.s 18,500 $ 22,000 Exhibit B THE KIWANIB CLUB FINANCIAL REPORT Program Year 2001 15T 2ND 3RD 4TH YEAR BUDGET QUARTER QUARTER QUARTER QUARTER to vs (JUL - (OCT- DEC) DATE ACTUAL $o $o $o $o $o $o $0 $0 $0 $0 $0 $22,000 0 0 0 0 0 0 $0 $0 $0 $0 $0 $22,000 $o $o $o $o $o $18,5oo 0 0 0 0 0 3,500 $0 $0 $0 $0 $0 $22,000 $0 $0 $0 $0 $0 $22,000 $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o 0 0 0 0 0 0 0 0 0 0 0 0 $o $o $o $o $o $o $o $o $o $o $o $o Date Submitted Program Director ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE BAYLESS- SELBY HOUSE MUSEUM, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Tex Tax Code §351 101(a) authorizes the City of Denton, Texas to use revenue fi.om its mummpal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting sohcltat~ons and promotional programs to attract tourists and convenlaon delegates or regmtrants to the mumclpahty or ~ts wcunty, as well as to engage m Nstoncal restoration and preservation projects and actiwt~es and adve~tmmg and conducting sohcltattons and promotional programs to encourage tourists and conventaon delegates to wstt preserved bastonc sites and museums, and WHEREAS, the County of Denton, Texas is well equipped to perform those activities by its operation of the Bayless-Selby House Museum, and WHEREAS, Tex Tax Code §351 101(c) authorizes the C~ty of Denton, Texas to delegate by contract wath the County of Denton, Texas, as a governmental enttty, the management and supervision of programs and acttvittes of the type described heremabove funded w~th revenue from the mumclpal hotel occupancy tax, and WHEREAS, both the C~ty of Denton, Texas and the County of Denton, Texas have a secondary source of authority to enter into an ~nterlocal cooperatmn agreement, pursuant to Chapter 791 of the Texas Government Code, as the agreement ~s authorized by both govemmental bodies, the agreement states the purpose, terms, rights, and duties of the contracting parties, the consideration is bmng prod by C~ty of Denton, Texas out of current revenues, the compensation is fair, and the services to be performed are "museum servtces" authorized under §791 003(3)(F) of the Texas Government Code, wtuch each party is authorized to perform individually, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute an agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Bayless-Selby House Museum, under the terms and condltmns contained ~n the agreement, a copy of whmh is attached hereto and made a part hereof SECTION II That tNs ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORId PAGE 2 AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS (BAYLESS-SELBY HOUSE MUSEUM) (CY2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY"), and County of Denton, Texas, a governmental entity existing under the laws of the State of Texas, contiacting on behalf of its Bayless-Selby House Museum (collectively, the "MUSEUM") WHEREAS, T~.x T^x CooE §351 002 authorizes the CITY to levy by ordinance a mumelpal hotel occupancy tax ("hotel tax") not exeeedmg seven percent (7%) of the consideration paad by a hotel oeenpant, and WHEREAS, by ordinance, the CITY has prowded for the assessment and collection of a mumclpal hotel occupancy tax m the City of Denton of seven percent (7%), and WHEREAS, Tax T^x CoI)£ §351 101(a) authorizes the CITY to use revenue from its mum¢lpal hotel occupancy tax to promote tourism and the convention and hotel industry by aflvemsmg and conducting sOhcltations and promotional programs to attract tourists and convention delegates or registrants to the murnclpahty or 1ts vicnnty, as well as to engage m Instoncal restoration and preservation projeets and actiwties and advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved Instonc sites and museums, and WHEREAS, the MUSEUM is well equipped to perform those actiwties, and WHEREAS, Tax TAX Coon §351 101(c) authorizes the CITY to delegate by contract w~th the MUSEUM, as a governmental entity, the management and superwslon of programs and aetiwties of the type described heremabove funded w~th revenue from the mumclpal hotel occupancy tax, and WHEREAS, both CITY and MUSEUM have a secondary source of authority to enter mto tins Agreement as an mterlocal eooperaUon agreement, pursuant to Chapter 791 of the Texas Government Code, as the Agreement is authonzed by both governmental bodies, the Agreement states the purpose, terms, rights, and duties of the contracting partaes, the consideration is being pa~d by CITY out of current revenues, the compensation is fair, and the services to be performed are "museum services" authorized under §791 003(3)(F) of the Texas Government Code, winch each party is authonzed to perform individually, NOW, THEREFORE, m ennslderation of the performance of the mutual covenants and promises contained herein, the CITY and the MUSEUM agree and con~aet as follows I. HOTEL TAX REVENUE PAYMENT 1 1 Consideration. For and m consideration of the activmcs to be performed by the MUSEUM under tins Agreement, the CITY agrees to pay to the MUSEUM a portion of the hotel tax revenue collected by the CITY at the rates and m the manner specified hereto (such payments by the CITY to the MUSEUM somettmes hereto referred to as the "agreed payments" or"hotel tax funds") 1.2 Amount of Payments. (a) As used In tins Agreement, the following terms shall have the followang sp¢clfiC meamngs (i) The term "hotel tax revenue" shall mean the gross momes collected and received by the C~ty as mumelpal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room m a hotel, pursuant to Texas Tax Code 351 002 and City Ordinance Hotel tax revenue will Include penalty and interest related to the late payments of the tax revenue by the taxpayer (n) The term "Colleetmn period" will mean the collection period for the CITY's fiscal year It wall include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month followang the close of the relevant fiscal year 0II) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of tmae 0 e, fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such relevant penod of tmae for costs of collectxon or andltlng of hotel taxpayers Attorney and auditing costs include fees paid to attorneys or agents not m the regular employ of the CITY for winch attorneys or agents effect comphance or collection of the hotel tax from taxpayers, and (2) court costs and other expenses mcurred ~n litigation against or auditing of such taxpayers (iv) The term "contract quarter" shall refer to any quarter of the calendar year m winch tins A~eement ~s In force Contract quarters will end on March 31st, June 30th, September 30th, and December 31 st of each contract year Co) In return for satisfactory performance of the act~wties set forth m this Agreement and all attachments hereto, the CITY shall pay to MUSEUM an amount of money m each contract year equal to the lesser amount of Two and Thirty-Slx One Hundredths percent (2 36%) of the annual base payment amount or the fixed contract amount of Twenty-Five Thousand Three Hundred Twenty-Five Dollars ($25,325) Tins amount will be divided ~nto quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show with reasonable certainty that the annual base payment amount will be less than originally estimated for the fiscal year The fourth quarterly payment will represent 25% of the fixed contract amount or the unpaid remainder of 2 36% of the base payment amount, whichever is less Each quarterly payment ~s subject to receapt of unused funds from the prior contract period and the receipt of the required quarterly reports 1.3 Dates of Payments. (a) The term "quarterly payments" shall mean payments by the CITY to the MUSEUM of those amounts specified m ¶1 2, above, as determined by the hotel tax revenue collected ~Page 2 (b) Each quarterly paymem shall be prod upon receipt of the required reports and after the 25th day following the last day of the contract quarter If quarterly financial and performance reports are not received v~thm thirty (30) days of the end of the applicable contract quarter, the recipient may be held tn broach of thxs Agreement The CITY may wuthhold the quarterly payment(s) until the appropriate reports are received and approved, wtuch approval shall not unreasonably be w~thheld 1 4 Other limitations regarding consideration. (a) The funahng of flus project m no way commits the CITY to future funding of flus program beyond the current contract period Any future funchng is solely the responsibility of the MUSEUM (b) It is expressly understood that this contract m no way obligates the General Fund or any other momes or erechts of the CITY (c) CITY may w~thhold further allocations if CITY determines that MUSEUM's expenchturos dewate mateanally from thetr approved budget II USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in considerat~on of the payment by the CITY to the MUSEUM of the agreed payments of hotel tax funds specified above, the MUSEUM agrees to use such hotel tax funds only for advertising and conducting sohcitaV_ons and promotional programs to attract tourists and convenl~on delegates or registrants to the mummpahty or its viclmty, as well as to engage m tustoncal restoration and preservation projects and activities and advertising and conducting sohcltattons and promotional programs to encourage tourists and convention delegates to mslt preserved bastonc sites and museums, as authorized by Tsx TAX Coos §351 101(a)(3) and (a)(5) Funds for any calendar year wluch are unused by mldmght December 31st of that year shall be refunded to CITY wtthm tlurty (30) days 2.2 Admmistratlve Costs. The hotel tax funds received from the CITY by the MUSEUM may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other admlmstrat~ve costs that are incurred d~roctly in the performance by the MUSEUM of those activities specified m ¶2 1 above and are allowed by Tsx TAX Coos §351 101 (0 2 3 Specific Restrictions on Use of Funds (a) That portaon of total admtrastratlve costs of the MUSEUM for wluch hotel tax funds may be used shall not exceed that po~aon of the MUSEUM's admtmstrative costs actually recurred in conducting the acttxattes specified in ¶2 1 above (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose ofwluch is not 0arectly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner P~e3 III. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) The MUSEUM shall prepare and submit to the C~ty Manager of the CITY an annual budget (see Exlub~t "A') as approved by the City Council for each calendar year, for such operations of the MUSEUM ~n which the hotel tax funds shall be used by the MUSEUM Tlus budget shall specifically ~denttfy proposed expenditures of hotel tax funds by the MUSEUM In other words, the CITY should be able to aucht specffically where the fimds in the separate account relating to hotel tax funds will be expended The CITY shall not pay to the MUSEUM any hotel tax revenues as set forth m Section I of tins contract during any fiscal year of flus Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenchture of funds F~ulure to submit an annual budget may be considered a breach of contract, and if not remedied ~s considered grounds for tenmnat~on of flus Agreement as stated m paragraph 4 2 (b) The MUSEUM acknowledges that the approval of such budget by the Denton Cxty Council creates a fiduciary duty m the MUSEUM w~th respect to the hotel tax funds prod by the CITY to the MUSEUM under flus Agreement The MUSEUM shall expend hotel tax funds only the manner and for the purposes specified m this Agreement, TEx TAX COVE §351 101(a) and the budget as approved by the CITY 3.2 Separate Accounts. The MUSEUM shall mmmam any hotel tax funds prod to the MUSEUM by the CITY m a separate bank account with segregated accounting, such that any reasonable person can rewew the source of expenditures of tax funds A bank reconcfllat~on report (see Exhibit "B") IS required with each quarterly report 3 3 Financial Records The MUSEUM shall malntmn complete and accurate financial records of each expenrhture of the hotel tax funds made by the MUSEUM These funds are required to be classified as restricted funds for audited financial purposes, and may not be used for supporting servaces, including, but not lnmted to, au(htmg fees and attorney's fees Upon reasonably advance written request of the Denton C~ty Council, the C~ty Manager or designate, or any other person, shall make such financial records available for ~nspect~on and rewew by the party making the request MUSEUM understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Pubhc Information Act, TEX GOV'T CODE, ch 552, as hereafter amended 3 4 Quarterly Reports. W~thm thmy days after the end of every contract quarter, MUSEUM shall funush to CITY (1) a performance report of the work performed under flus Agreement describing the aet~mttes performed pursuant to flus Agreement dunng that contract quarter, (2) a hst of the expenditures made w~th regard to hotel tax funds pursuant to TEx TAX COOE §351 101(c), and (3) a copy of all financml records (eg, receipts, mvmces, bank statements, and other relevant doemnentalaon) Both the performance and expenditure reports wnl be ~n a form e~ther deterrmned or approved by the City Manager or designate (see Exhibit "B") The MUSEUM shall respond promptly to any request f~om the C~ty Manager of the CITY, or designate, for add~ttonal information relating to the act~vltaes performed under thts Agreement P~e4 3 5 Notice of Meetings. The MUSEUM shall give the CRy Manager of the CITY reasonable advance written not,ce of the time and place of all meetings of MUSEUM's Board of Directors, as well as any other meeting of any constituency of the MUSEUM at wluch this Agreement or any matter the subject of this Agreement shall be considered Tlus provision shall not be deemed to require the MUSEUM to give notice of any executive session of the Executive Curmmttee of the MUSEUM IV. TERM AND TERMINATION 4 1 Term. The term of this Agreement shall commence on January 1, 2001 and terminate at midmght on December 31, 2001 Tins term shall be a period of one year 4.2 Termination Without Cause. (a) Tlus Agreement may be terminated by either party, with or w~thout cause, by giving the other party sixty (60) days advance written notice (b) In the event this contract is terminated by either party pursuant to Section 4 2(a), the CITY agrees to reimburse the MUSEUM for any contractual obligations of the MUSEUM undertaken by the MUSEUM in satisfactory performance of those activities specified in ¶¶2 1 and 2 2 above and that were approved by the Council through the budget, as noted in ¶3 1 This reimbursement is conditioned upon such contractual obligations having been incurred and entered into m the good froth performance of those services contemplated in ¶¶2 1 and 2 2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement Notwithstanding any provision hereof to the contrary, the obhgation of the CITY to reimburse the MUSEUM or to assume the performance of any contractual obligations of the MUSEUM for or under any contract entered into by the MUSEUM as contemplated herein shall not exceed 66 2/3% of the current quarterly payment (c) Further, upon tenmnat~on pursuant to ¶4 2(a), the MUSEUM will provide the CITY 1) Wltlun 10 business days from the termination notification, a short-term budget of probable expenditures for the remmmng 60 day period between termination notification and contract termlnataon This budget will be presented to Council for approval wlttun 10 business days after receipt by CITY If formal approval is not given Wlttun 10 business days and the budget does not contmn any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget, the budget will be considered approved, 2) Within 30 days, a full accounting of all expenditures not previously andlted by the City, 3) Within 5 business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period, 4) a final accounting of all expenditures and tax funds on the day of termination The MUSEUM will be obligated to return any unused funds or funds detormlned to be used improperly Any use of remaining funds by the MUSEUM after notification of termination is conditioned upon such contractual obhgatlons having been Incurred and entered into m the good faith performance of those services contemplated in 2 I and 2 2 above, and further conditioned upon such contractual obhgatlons having a term not exceeding the full term of this Agreement Page 5 4 3 Automatic Termination. This Agreement shall automatmally temamate upon the occurrence of any of the following events (a) The termanat~on of the legal existence of the MUSEUM, (b) The ~nsolvency of the MUSEUM, the filing of a petition ~n banlauptcy, either voluntarily or involuntarily, or an assignment by the MUSEUM for the benefit of creditors, (c) The cont~nuatton of a breach of any of the terms or con&t~ons of this Agreement by either the CITY or the MUSEUM for more than thirty (30) days after written notace of such breach ~s g~ven to the breaching party by the other party, or (d) The fmlure of the MUSEUM to submit a financial quarterly report whtch comphes w~th the reporting procedures required here~n and generally accepted accounting pnnc~ples prior to the beginning of the next contract term, or quarterly as reqmred by Seet~on 1 3 hereof 4 4 Right to Immediate Termination Upon Lit~gataon. Notw~thstandmg any other pmwszon of fins Agreement, to mttlgate damages and to preserve ewdencc and ~ssues for judJcml determination, e~ther party shall have the right to termmate flus Agreement upon ~mmedlate not,ce to the other party m the event that any person has ~nst~tuted htlgatlon concermng the actavmes of the non-terrmnatmg party, and the terminating party reasonably beheves that such acttmt~es are reqmred or pmtub~ted under flus Agreement 4.5 In the event that ttus Agreement is termmated pursuant to ¶¶4 3 or 4 4, MUSEUM agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, w~ttnn 30 days after termination of th~s Agreement V. GENERAL PROVISIONS 5 1 Subcontract for Performance of Serwees. Nothing in this Agreement shall probab~t, nor be construed to prohibit, the agreement by the MUSEUM anth another private entity, person, or organization for the performance of those services described in ¶2 1 above In the event that the MUSEUM enters into any arrangement, contractual or otherwise, w~th such other entity, person or orgamzalaon, the MUSEUM shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all prowsmns, terms, and condltmns of tbas Agreement and to TEx TAX CODE ch 351, including reporting requirements, separate funds maintenance, and hnutat~ons and prolub~tmns pertaining to expenditure of the agreed payments and hotel tax funds 5 2 Independent Contractor. The MUSEUM shall operate as an ~ndependent contractor as to all services to be performed under flus Agreement and not as an officer, agent, servant, or employee of the CITY The MUSEUM shall have exclusive control of ~ts operations and performance of servmes hereunder, and such persons, ent~t~es, or orgamzat~ons performing the same and the MUSEUM shall be solely responsible for the acts and OmlSSlunS of ~ts d~rectors, officers, employees, agents, and subcontractors The MUSEUM shall not be considered a partner or joint venturer w~th the CITY, nor shall the MUSEUM be considered nor ~n any manner hold ~tself out as an agent or official representative of the CITY Page 6 5.3 Indenmiflcation. TO THE EXTENT AUTHORIZED BY LAW, THE MUSEUM AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS 'OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE MUSEUM OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF MUSEUM, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES 5 4 Assignment. The MUSEUM shall not assign flus Agreement without first obtaining the written consent of the CITY 5.5 Notice. Any notice requtred to be given under flus Agreement or any statute, ordinance, or regulation, shall be effective when g~ven m writing and deposited m the Umted States marl, certified mml, return receipt requested, or by hand-dehvery, addressed to the respective part,es as follows CITY MUSEUM City Manager Bayless -Selby House Museum City of Denton Georgia Caraway, D~rector 215 E McKumey 110 W H~ckory St Denton, TX 76201 Denton, Texas 76201 5 6 Inurement. Ttus Agreement and each prows~on hereof, and each and every right, duty, obhgat~on, and liability set forth hereto shall be binding upon and ~nure to the benefit and obhgat~on of the CITY and the MUSEUM and their respective successors and assigns 5 7 Application of Laws All terms, conditions, and provisions of this Agreement are subject to all apphcable federal laws, state laws, the Charter of the C~ty of Denton, all ordinances passed pursuant thereto, and all judrelal determinations relative thereto 5 8 Exclusive Agreement. This Agreement contains the entire understan&ng and constitutes the entire agreement between the parties hereto concermng the subject matter contained hereto There are no representations, agreements, arrangements, or understanchngs, oral or written, express or lmphed, between or among the part, es hereto, relating to the subject matter of flus Agreement, wtuch are not fully expressed herein The terms and conflulons of flus Agreement shall prevatl notwithstanding any vanance in this Agreement from the terms and conditions of any other document relating to flus transaction or these transactions 5 9 Duplicate Originals. This Agreement ~s executed m duphcate originals 5 10 Headings. The headings and subheadings of the various sections and paragraphs of flus Agreement are inserted merely for the purpose of convenience and do not express or imply any bmltatlon, defimtion, or extension of the specific terms of the section and paragraph so designated ~'Page 7 5 11 Severabillty. If any section, subsection, paragraph, sentence, clause, phrase or word mttus Agreement, or apphcatxon thereof to any person or c~rcumstance is held invalid by any cour~ of competent jurisdiction, such holding shall not affect the validity of the remmmng po~ons of tins Agreement, and the part, es hereby declare they would have enacted such remalmng pomons despite any such mvahd~ty 5 12 Insurance. The MUSEUM shall prowde lusUrance as follows 1 Statutory Workers' Compensation and Employers' Liability ($100,000/$500,000/$100,000) Proof of coverage shall be submitted prior to any payment by the CITY THE CITY OF DENTON, TEXAS By EULINE BROCK, MAYOR ATTEST ~P~O LEGAL FO~ ~~ERT L PROUTY, / By /(~~ COUNTY JUDGE~'~ ATTEST ~P~VED AS TO LEG~ FO~ Page 8 ADDENDUM AGREEMENT BEWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS (BAYLESS-SELBY HOUSE MUSEUM) (CY2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE The part~es to this agreement are The C~ty of Denton ("C~ty") and Denton County, Texas, C County") Th~s Addendum ~s entered ~nto as of the day and year when executed by the party which renders the Addendum enforceable and executed m at least two original cop~es of which one ~s to be dehvemd to the City and the remainder to the County The Agreement Between The C~ty Of Denton And Denton County, Texas (Bayless-Selby House Museum) (CY 2001) Provtd~ng For The Payment And Use Of Hotel Tax Revenue ~s hereby amended by adding the following phrase "It ~s expressly understood that th~s contract ~s no way obhgates the Denton County General Fund for any other momes or credits of the County" The part~es hereby confirm all other pmv~s~ons of the Agreement THE CITY OF DENTON, TEXAS By EULINE BROCK, MAYOR Date ATTEST APPROVED AS TO LEGAL FORM By By JENNIFER WALTERS, HERBERT L PROUTY CITY OF SECRETARY CITY ATTORNEY KII~'-WILSON, COUNTY JUDGE Date ~ ATTEST APPROVE~) AS TO EEGAL FORM ~lllllllllnl%% Page Solo 1 Exhibit A BAYLESS-SELBY HOUSE MUSEUM BUDGET PROPOSAL PROGRAM YEAR 2001 REQUESTED PROGRAM/AC11VITY AMOUNT ADMINISTRATION Selby House Manager salary 18,000 benefits 5,325 Contract Labor 2,000 TOTAL $ 25,326 Exhibit B BAYLESS-SELBY HOUSE MUSEUM FINANCIAL REPORT Program Year 2001 1ST 2ND 3RD 4TH YEAR BUDGET QUARTER QUARTER QUARTER QUARTER to vs DATE ACTUAL $o $o $o $o $o $o $0 $0 $0 $0 $0 $25,325 0 0 0 0 0 0 $0 $0 $0 $0 $0 $25,325 $o $o $o $o $o $18,ooo 0 0 0 0 0 5,325 0 0 0 0 0 2,000 $0 $0 $0 $0 $0 $25,325 $0 $0 $0 $0 $0 $25,325 $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o 0 0 0 0 0 0 0 0 0 0 0 0 $o $o $o $o $o $o $o $o $o $o $o $o Date Submitted Program Director DENTON COUNTY COMMISSIONERS COURT Auuust 8, 2000 Month Day Year Court Order Number:~ THE ORDER. Anproval of Agreement between the City of Denton and Denton County~ Texas /~. f~ Prowdm~ for Payment and Use of Hotel Tax Funds for the Bavless-Selbv House. $25,325.00,- C~,,,,~, ,L.J=..., ~/}._J ~ t3f. ~, Motion by ~ Seconded by ~ County Jndne Yes ~ Kirk Wilson Abstain -- No Absent -- Commissioner pg/No I Yes ~ Commissioner Pet No 2 Yes Jeff krueger Abstain __ Sandy Jacobs Abstain -- No -- No -- Absent ~' Absent __f Compds~h)ner Pet No 3 Yes __ Commissioner Pct No 4 Yes ~ Scott Armey Abstain ~ Jim Carter Abstain ~ No ~ No ~ Absent ~ Absent ~ Motion Carried Other Achon Pulled from Consen~ ~0~9~ ~ Postponed BY~o~KoFTHECO~I~IONE~URT' ,,,~,,o~ ATTEST : ~ ~ynthla M~tchell, Coun~ Clerk ~'~ ~ ~ h ~4~ ~ndEx'Omcl°Clerk°fthe PresidingOmcer ~ v~ ~ N ~ ~ommlsslonersCourtof  ~, ,~' ~OentonCounty, Texas ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION AND VISITORS BUREAU) FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Chamber of Commerce for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of wluch is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED flus the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION & VISITOR'S BUREAU) (CY2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a mumclpal corporation (the "CITY"), and the Denton Chamber of Commerce (Convention & Visitor's Bureau), a non- profit corporation incorporated under the laws of the State of Texas (the "BUREAU") WHEREAS, TEX TAX CODE {}351 002 authonzes the CITY to levy by ordinance a munlc~pal hotel occupancy tax ("hotel tax") not exccechng seven percent (7%) of the consideration paad by a hotel occupant, and WHEREAS, by ordinance, the CITY has provldad for the assessment and collection of a mumclpal hotel occupancy tax m the City of Denton of seven percent (7%), and WHEREAS, Tl~x TAX COD~ §351 101(a) authonzas the CITY to use revenue from its mumclpal hotel occupancy tax to promote tounsm and the convention and hotel industry by advemsmg and conducting sohcltatious and promotional programs to attract tourists and convention delegates or registrants to the mumclpahty or its VlClmty, and by the acquisition of sites for and the construction, enlargement, repamng, operation, and maintenance of visitor reformation centers, and the furmshtng of facilities, personnel, and matenals for the registration of convention delegates or registrants; and WHEREAS, the BUREAU is well equipped to perform those activities through its Denton Convention and Visitor's Bureau, and Vf["IEREAS, TEX TAX COVE §351 101(c) authorizes the CITY to delegate by contract with the BUREAU, as an mdc'pendent entity, the management and supervision of programs and actlwtias of the type dascnbcd hercunabove funded with revenue from the mumclpal hotel occupancy tax, NOW, THEREFORE, in consideration of the performance of the mutual covenants and pron'uses contained herein, the CITY and the BUREAU agree and contract as follows I HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and m consideration of the actlvlt~as to be performed by the BUREAU under flus Agreement, the CITY agrees to pay to the BUREAU a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the BUREAU sometunes herein referred to as the "agreed payments" or "hotel tax funds") 1 2 Amount of Payments (a) As used in flus Agreement, thc following terms shall have the following specific meamngs 0) The term "hotel tax revenue" shall mean the gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price prod for a room in a hotel, pursuant to Texas Tax Code §351 002 and City Ordinance Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer (n) The term "Collection period" wdl mean the collection period for the CITY's fiscal year It will ~nclude hotel tax revenue due to the C~ty for the relevant fiscal year and enlleeted through the 22nd day of the month following the close of the relevant fiscal year (lll) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY dunng any relevant period of t~me (t e, fiscal year or fiscal quarter), less (1) attorney and auditing ensts mcurred dunng such relevant period of t~me for costs of collection or auditing of hotel taxpayers Attorney and auditing costs include fees prod to attorneys or agents not m the regular employ of the CITY for wbach attorneys or agents effect eomphance or eolleeuon of the hotel tax f~om taxpayers, and (2) court ensts and other expenses incurred in litagat~on agmnst or auditing of such taxpayers 0v) The term "contract quarter" shall refer to any quarter of the calendar year m wbach th~s A~reement ~s m force Contract quarters wall end on March 31st, June 30th, September 30 , and December 31st of each enntraet year (b) In return for satasfactoD' performance of the activities set forth in tbas Agreement and all attachments hereto, the CITY shall pay to BUREAU an amount of money ~n each contract year equal to the lesser amount of Thirty-One and Thirty-Nine One Hundredths percent (31 39%) of the annual base payment amount or the fixed contract amount of Three Hundred Thirty-Seven Thousand and Forty-Nme Dollars ($337,049) This amount will be divided into quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show wath reasonable certainty that the annual base payment amount will be less than originally estimated for the fiscal year The fourth quarterly payment will represent 25% of the fixed contract amount or the unpmd remmnder of 31 39% of the base payment amount, whichever is less Each quarterly payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports Each quarterly payment is subject to reeeapt of unused funds from the prior contract period and the receipt of the required quarterly reports 1.3 Dates of Payments. (a) The term "quarterly payments" shall mean payments by the CITY to the BUREAU of those amounts specified m ¶1 2, above, as determined by the hotel tax revenue collected (b) Each quarterly payment shall be pa~d upon receipt of the reqmred reports and after the 25th day following the last day of the contract quarter If quarterly financial and performance reports are not received wath~n tlurty (30) days of the end of the applicable contract quarter, the recipient may be held m breach of th~s Agreement The CITY may withhold the quarterly payment(s) unUl the appropriate reports are received and approved, which approval shall not unreasonably be withheld Page 2 1.4 Other limitations regarding consideration. (a) The funding of tins project m no way cOmlTllts the CITY to future funding of flus program beyond the current con~ract period Any future funding is solely the responsibility of the BUREAU (b) It ~s expressly understood that flus con~ract in no way obligates the General Fund or any other momes or crechts of the CITY (c) CITY may w~thhold further allocations if CITY deternnnes that BUREAU's expenditures devaate materially from thear approved budget II. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in eonsideratmn of the payment by the CITY to the BUREAU of the agreed payments of hotel tax funds specified above, the BUREAU agrees to use such hotel tax funds only for advemsmg and conducting sohcltat~ons and promotional programs to attract tourists and conventton delegates or registrants to the mumcipallty or its Vlclmty, by the accluasition of sites for and the construc~on, enlargement, repamng, operation, and moantenance of wsltor mformatmn centers, and the furnishing of faclht~es, personnel, and materials for the reg~strataon of convention delegates or registrants, as authorized by TEX TAX CODE §351 101(a) Funds for any calendar year winch are unused by nndmght December 31st of that year shall be refunded to CITY Wltinn thirty (30) days 2 2 Administrative Costs The hotel tax funds received from the CITY by the BUREAU may be spent for day-to-day operations, supphes, salaries, office rental, travel expenses, and other admimstrative costs that are incurred chrectly m the performance by thc BUREAU of those activities specified in ¶2 1 above and are allowed by TEX TAX CODE §351 101(f) 2 3 Specific Restrictions on Use of Funds. (a) That portion of total adnnmstratlve costs of the BUREAU for winch hotel tax funds may be used shall not exceed that po~on of the BUREAU's achmmstmtave costs actually incurred in conducting the act~vataes specified in ¶2 1 above Co) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of winch is not chrectly related to thc promotion of local tounsm and the convenlton and hotel industry or the performance of the person's job in an efficient and professional manner III. RECORDKEEPING AND REPORTING REQUIREMENTS 3 1 Budget. (a) The BUREAU shall prepare and subnnt to the City Manager of the CITY an annual budget (see Ex_haint "A'~ as approved by the City Council for each calendar year, for such operations of the BUREAU in winch the hotel tax funds shall be used by the BUREAU Tins budget shall specifically identify proposed expendatures of hotel tax funds by thc BUREAU In Page 3 other words, the CITY should be able to aucht specifically where the funds m the separate account relatang to hotel tax funds wall be expended The CITY shall not pay to the BUREAU any hotel tax revenues as set forth m Section I of flus contract dunng any fiscal year of flus Agreement unless a budget for such respective fiscal year has been approved m writing by the Denton City Council authorizing the expenchture of funds Failure to submat an annual budget may be considered a breach of contract, and af not remedied lS consadered grounds for termmatton of this Agreement as stated an paragraph 4 2 (b) The BUREAU acknowledges that the approval of such budget by the Denton City Council creates a fiducmry duty m the BUREAU with respect to the hotel tax funds pa~d by the CITY to the BUREAU under flus Agreement The BUREAU shall expend hotel tax funds only m the manner and for the purposes spemfied m thru Agreement, Tsx T^x COD~ {}351 101(a) and m the budget as approved by the CITY 3.2 Separate Accounts. The BUREAU shall mmntam any hotel tax funds pard to the BUREAU by the CITY m a separate bank account with segregated accounting, such that any reasonable person can review the source of expenchtures of tax funds A bank reconeflaataon report (see Exbabit "B") is reqmred w~th each quarterly report 3 3 FinanclalReeords. The BUREAU shall maintain complete and accurate fmancial records of each expendtture of the hotel tax funds made by the BUREAU These funds are requtred to be classified as resmcted funds for audited financml purposes, and may not be used for supporting services, including, but not lmaated to, andltmg fees and attorney's fees Upon reasonably advance written request of the Denton Caty Council, the City Manager or designate, or any other person, shall make such financial records available for inspection and rewew by the party mal~ng the request BUREAU understands and accepts that all such financaal records, and any other records relating to flus Agreement shall be subject to the Pubhc Information Act, Tsx GOV'T Coos, ch 552, as hereat~er amended 3.4 Quarterly Reports. Wathm thirty days at~er the end of every contract quarter, BUREAU shall fumash to CITY (1) a performance report of the work performed under flus Agreement describing the acttv~t~es performed pursuant to this Agreement dunng that contract quarter, (2) a hat of the expenditures made wath regard to hotel tax funds pursuant to T~x T^x CoDs §351 101(e), and (3) a copy of all financial records (e g, receipts, mvmces, bank statements, and other relevant documentatton) Both the performance and expenditure reports wall be m a form either determined or approved by the City Manager or designate (see Exhibit "B") The BUREAU shall respond promptly to any request fi'om the City Manager of the CITY, or designate, for adrhtlonal mformat~on relating to the actlwt~es performed under flus Agreement 3 5 Notice of Meetings The BUREAU shall give the City Manager of the CITY reasonable advance written nottce of the ttme and place of all meetings of BUREAU's Board of Directors, as well as any other mectmg of any constttueney of the BUREAU at wbaeh flus Agreement or any matter the subJeCt of flus Agreement shall be considered Tlus provmlon shall not be deemed to reqmre the BUREAU to gtve horace of any executive sessaon of the Executive Committee of the BUREAU Page 4 IV. TERM AND TERMINATION 4 1 Term. The term of flus Agreement shall commence on January 1, 2001 and terminate at mldmght on December 31, 2001 This term shall be a period of one year 4.2 Termination Without Cause. (a) Tbas Agreement may be terminated by either party, with or without cause, by glwng the other party sixty (60) days advance written not,ce (b) In the event this contract ~s terminated by e~ther party pursuant to Sectmn 4 2(a), the CITY agrees to reimburse the BUREAU for any contractual obhgatlons of the BUREAU undertaken by the BUREAU in satisfactory performance of those aetiwt~es specified m ¶¶2 1 and 2 2 above and that were approved by the Council through the budget, as noted m ¶3 1 This reimbursement is eond~tmned upon such contractual obhgat~ons having been recurred and entered ~nto ~n the good faith performance &those services contemplated m ¶¶2 1 and 2 2 above, and further conditioned upon such contractual obhgatlons having a term not exceeding the full term of thls Agreement Notwithstanding any provision hereof to the contrary, the obllgatmn of the CITY to remaburse the BUREAU or to assume the performance of any contractual obhgat~ons of the BUREAU for or under any contract entered into by the BUREAU as contemplated herem shall not exceed 66 2/3% of the current quarterly payment (c) Further, upon tenmnat~on pursuant to ¶4 2(a), the BUREAU will prowde the CITY 1) W~thln 10 business days from the termmatmn notification, a short-term budget of probable expenditures for the remmnmg 60 day period between termination notification and contract termmat~un This budget will be presented to Council for approval wtthm 10 business days a~er receapt by CITY If formal approval is not given w~tban 10 business days and the budget does not euntmn any expenditures that would be prohibited by the Texas Tax Code, and ~s within the current contractual period approved budget, the budget will be considered approved, 2) W~tlun 30 days, a full aocountlng of all expenditures not previously audited by the City, 3) W~ttun 5 busmess days of a request from the CITY, a hstlng of expenditures that have occurred s~nee the last required reporting period, 4) a final accounting of all expenditures and tax funds on the day of t~mtmat~on The BUREAU will be obhgated to return any unused funds or funds determined to be used improperly Any use of remalmng funds by the BUREAU at, er notxficatlun of termmat~on ~s conditioned upon such contractual obhgat~ons hawng been ~ncurred and entered into m the good froth performance of those services contemplated m 2 1 and 2 2 above, and further conditioned upon such contractual obhgatlons hawng a term not exceedmg the full term of tins Agreement 4 3 Automatic Termination. Tins Agreement shall automatically terminate upon the occurrence of any of the following events (a) The termination of the legal existence of the BUREAU, (b) The insolvency of the BUREAU, the filing ora petition ~n bankruptcy, either voluntarily or mvoluntanly, or an assignment by the BUREAU for the benefit of creditors, P~e5 (c) The contmuatton of a breach of any of the terms or conditions of flus Agreement by either the CITY or the BUREAU for more than tinrty (30) days after written nottce of such breach ~s ggven to the breaching party by the other party, or (d) The failure of the BUREAU to subnut a finanmal quarterly report wbach comphes w~th the reporting procedures reqmred here~n and generally accepted accotmt~ng pnnclples prior to the beg~nmng of the next contract term, or quarterly as required by Section 1 3 hereof 4 4 Right to Immediate Terminaaon Upon Litigation. Notwithstanding any other pmms~on of tins Agreement, to mitigate damages and to preserve evidence and ~ssues for juchclal determmatton, either party shall have the right to terminate flus Agreement upon munethate notice to the other party m the event that any person has instituted htlgatmn concerning the actlxqttes of the non-termmatmg party, and the terminating party reasonably beheves that such aclavltles are required or prohibited under tins Agreement 4.5 In the event that flus Agreement is terminated pursuant to ¶¶4 3 or 4 4, BUREAU agrees to refund any and all unused funds, or funds determined by the CITY to have been used xmproperly, w~tinn 30 days atter tenmnat~on ofth~s Agreement V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing ~n flus Agreement shall protublt, nor be construed to pminblt, the agretanent by the BUREAU w~th another private entity, person, or orgamzatlon for the performance of those servmes described ~n ¶2 1 above In the event that the BUREAU enters into any arrangement, contractual or otherwise, with such other entity, person or orgamzatmn, the BUREAU shall cause such other entity, person, or organxzatxon to adhere to, conform to, and be subject to all prowslenS, terms, and condltxons of flus Agreement and to TEx T^x CooE ch 351, meluchng reporting reqmrements, separate funds maintenance, and hnutatmns and probabltmns p~atmng to expenthture of the agreed payments and hotel tax funds 5 2 Independent Contractor The BUREAU shall operate as an independent contractor as to all services to be performed under flus Agreement and not as an officer, agent, servant, or employee of the CITY The BUREAU shall have exclusive control of ~ts operations and performance of services hereunder, and such persons, ent~t~es, or organizations performing the same and the BUREAU shall be solely responsible for the acts and on~nsmons of Its d~rectors, officers, employees, agents, and subcontractors The BUREAU shall not be considered a partner or joint venturer with the CITY, nor shall the BUREAU be considered nor m any manner hold ~tself out as an agent or official representative of the CITY 5 3 Indemniflea~ton. THE BUREAU AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE BUREAU OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT Page 6 OR INTENTIONAL ACTS OF BUREAU, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES 5 4 Assignment The BUREAU shall not assign ttus Agreement w~thout first obta~mng the written consent of the CITY $ $ Notice Any not,ce reqmred to be g~ven under tlus Agreement or any statute, ordinance, or regulatton,, shall be effective when g~ven m wnttng and deposited m the Umted States ma~l, certified moal, return receipt requested, or by hand-dehvery, addressed to the respective pames as follows CITY BUREAU C~ty of Denton Denton Chamber of Commerce 215 E McKnmey Denton Conventaon & Vis,tot's Bureau Denton, TX 76201 Christine Gossett Vice President P O Box Drawer P Denton, Texas 76202-1719 5.6 Inurement. Tins Agreement and each provision hereof, and each and every right, duty, obhgat~on, and habthty set forth herein shall be btndmg upon and mute to the benefit and obhgatlon of the CITY and the BUREAU and their respective successors and assigns 5.7 Application of Laws. All terms, conditions, and prowslons of tins Agreement are subJeCt to all applicable federal laws, state laws, the Charter of the C~ty of Denton, all ordinances passed pursuant thereto, and all judlcml determinations relative thereto $ 8 Exclusive Agreement Tlus Agreement contoans the entire understandrng and constitutes the entire agreement between the parties hereto concerning the subject matter contained here~n There are no representations, agreements, arrangements, or understandings, oral or written, express or tmphed, between or among the parties hereto, relattng to the subjeCt matter of tins Agreement, wluch are not fully expressed hereto The terms and condlt~ons of flus Agreement shall prevtul notwithstanding any variance tn tins Agreement from the terms and contht~ons of any other document relating to flus transacUon or these transactions 5 9 Duplicate Originals Tbas Agreement ~s executed in duphcate ong~nals 5 10 Headings. The headtngs and subheadings of the various sections and paragraphs of flus Agreement are tnserted merely for the purpose of convenience and do not express or nnply any llnutattnn,,deflmt~on, or extension of the speCific terms of the section and paragraph so designated 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word tn flus Agreement, or apphcatlon thereof to any person or c~rcumstance ~s held tnvahd by any court of competent junsthet~on, such holdtng shall not affeCt the vahthty of the rama~umg porlaons of flus Agreement, and the partaes hereby deClare they would have enacted such remaltnng portions despite any such mvahthty ~age 7 $12 Insurance. The BUREAU shall, at a rmmmum, provide ~nsurance as follows $500,000 Commercial General Lmb~hty Statutory Workers' Compensation and Employers' Llablhty ($100,000/$500,000/$100,000) $500,000 Business Automobile Lmblhty on any owned, non-owned or lured velucles The CITY must be named as an adrht~onal insured on all policies (except Workers' CompensatJon) and proof of coverage shall be submitted prior to any payment by the CITY $13 Supersedure. Tins Agreement supersedes all prior agreements between the parties hereto relating to hotel tax funding, including, but not hm~ted to the three-year agreement executed on December 8, 1998 EXECUTED ttns day of ,2000 ATTEST APPROVED AS TO LEG~ORM By By JENNIFER WALTERS, HERBERT L PROUTY, CITY SECRETARY CITY ATTORNEY DENTON CHAMBER OF COMMERCE By~,O~ ~ ~4~ ~ President ATTEST APPROVED AS TO LEGAL FORM By By Secretary Page 8 Denton Convention & V,sltor Bureau Budget Program Year 2001 Program I Activity Amount Advertising Print Advertising DFWATC Visitor Guide 52,071 TX Monthly Fall Travel Planner TX Monthly Sprng Travel Planner AAA Texas Journal 1/6 pg 2x Southern L~wng(Sprlng Try Plnr) Southern L~wng ( Fall D~rectory, 4" TTIA See Texas F~rst Fall1/8 pg TTIA See Texas F~rst Spnng 1/8 pg Brochure ads in TTIA Fall/Spr~ng Texas Super Secbon Ad ( 9 Pub ) Yearly rate ~nc/rspns pstg/m~sc exp New Ads ~n 2001 Ad Design Fees Convention Convention Advertising 1,000 Advertising Convention Promotion Events 600 Convention Trade Shows 250 Tourism Promotion V~s~tor Guide & 8,400 Material Contract Services V~s~tor Video Copies Specialty Items Photos/Slides Marquee Billboard 1-35E -~ south of Denton 27,700 Rental Changeouts Brochures New 100,000 copies 25,000 Travel Shows TTIA Travel Show 1,400 McAIlen Int'l Trade Show DFWATC Okla C~ty A~r Show DFWATC Shreveport Memberships/ Subscnpt~ons/Mtgs TTIA - Membership 1,650 TTIA - Travel Summit DFWATC- Membership Denton Area Tounsm Alhance Tounsrn Servmes Hosp~tality Training - Supplies 26,300 Adwsory Board Meebngs - Supphes Tounsm Week I Custom FAM Tours DFWATC FAM Tours INebs~te/Contract Fees Anderson/Hanson Pubhc~ty [3FW Reg F~lm Membership 3,615 Commission 1'ravel and photos Special Projects Special Projects 2,200 Special event promo/ad opptumty Co-b~llboard TOTAL 150,186 Administration Salaries D~rector/Adm~n Asst/info Assr 88,252 Salary - Temporary Staff/Intern 1,000 Salary - Accounting 4,600 Admm~strabve Costs/ Rebmment-d~rector 2,001 Office Supphes/Equ~p Car Allowance 4,200 Payroll Taxes 8,650 Health Insurance 6,530 L~ablhty Insurance 0 Travel & Training 3,250 Computer Equipment 2,500 Copy Machine-cost share 500 Warehouse storage 600 Office Supplies 3,500 Telephone Service/Toll Free L~ne 7,500 Telephone Metro Service 1,200 Pnnbng 1,200 Postage 5,000 Office Space 0 Convenbon Sohc~tat~on/Tmvel 250 Convention Service 1,900 Membersh~p/Subscrpt/Mtgs 2,030 TACVB -- Membership TACVB -- Conference TACVB -- Education Seminars THMA - Membership TOTAL 144,663 Sub-Total $ 294,849 Art N/A Buildings N/A TOTAL H,storlcal N/A BUDGET FOR SPORTS MARKETING ADVERTISING Convention/Trade Shows $ 1,150 , USOC TOTAL 1,150 ADMINISTRATION Sports Sales Mgr $ 30,000 Health Insurance $ 3,300 Payroll Taxes $ 4,800 M~leage Reimbursement - avg 154 miles/month $ 600 TOTAL $ 38,700 BUILDINGS B~d Presentation/Travel $ 1,000 Memberships/Prof Dev $ 2,350 NASC - Membership/Conference TACVB - Membership/ Conference AAU Membership TOTAL I $ 3,350 Sub-Total for Sports Marketing I $ 43,200 GRAND TOTAL CONVENTION & VISITOR BUREAU $ 338,049 (This total includes $'i 000 interest lncome estimated for 200'1) Exhibit B DENTON CONVENTION & VISITORS BUREAU FINANCIAL REPORT Program Year 2001 1ST 2ND 3RD 4TH YEAR BUDGET QUARTER QUARTER QUARTER QUARTER to vs (JUL - SEP) (OCT - DEC) DATE ACTUAL $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $337,o49 0 0 0 0 0 1,000 $0 $0 $0 $0 $0 $338,049 $ $ $ $ $ $ 52,071 1,850 8,400 27,700 25,000 1,400 1,650 26,300 3,615 2,200 $ $ $ $ $ $ 150,186 $ $ $ $ $ $ 88,252 1,000 4,600 2,001 4,200 8,650 6,530 3,250 2,500 50O 60O 3,500 8,700 1,200 5,000 250 1,900 2,030 $ $ - $ $ $ $ 144,663 Exhibit B $o $o $o $o $ $ $ $ $ $ 30,000 3,300 4,800 600 1,000 2,350 $ $ $ $ $ $ 42,050 0 0 0 0 0 338,049 $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o 0 0 0 0 0 0 0 0 0 0 0 0 $o $o $o $o o o $o $o $o $o $o $o Date Submitted Program Director AGENDA INFORMATION SHEET Agenda No Agenda Item AGENDA DATE: September 5, 2000 DEPARTMENT: Planmng Department~ ~/ CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT- Z-99-100 (Country Lakes - North [formerly known as Willow Lakes - North_]) Continue a pubhc heanng and consider approwng a Detailed Plan for a Planned Development (PD-174) zomng d~stnet The 378 1 acre property ~s generally located south of Johnson Lane, between Jbhn Prone Road and Fort Worth Drive A single family subdivision w~th open spaces ~s proposed The Planmng and Zomng Commission recommends approval (4-1) BACKGROUND The appheant ~s requesting a Detmled Plan approval to construct a single family residential subd~ws~on on th~s 378 1 acre property The project will have 1,278 res~dentml lots and 16 open spaces The res~dentml lot s~zes range fi.om 5,500 square feet to 8,400 square feet, w~th the average lot s~ze being 6,341 square feet Overall density of the proposed development ~s 3 2 umts per acre In addition, the project will include 42 acres of parks and open space, as well as a 36 acre regional lake Future Detailed Plans will be submitted for the school s~te, a park site, and the neighborhood center The property ~s currently zoned PD-174 The Concept Plan was approved :June 15, 1999, therefore, th~s project is exempt from the Interim Regulations The Detailed Plan ~s generally consistent w~th the Concept Plan ~ The subject property ~s located m a Planned Development (PD-174) zomng d~str~ct created in June 15, 1999 by Orchnance 99-205, when ~t was annexed into the c~ty Th~s development was ~nvolved ~n the settlement &the ht~gat~on the C~ty brought against Fresh Water Supply D~stnCts 1 A and 5 in August 1999 As a part of the agreed annexation of this property, the C~ty Council agreed to consider and take action on an ordinance to estabhsh a planned development chstnct that contmned provisions substantially s~mflar to those contained m Exhibit B to the Annexation Agreement s~gned by the pan,es The Council was not obhgated to enact such an ordinance If the council did not approve an ordinance that contained prows~ons substantially similar to those m Exhibit B, the property owner could petition for dlsannexat~on ~ The Comprehensive Plan ldantlfies th~s property to be ~n both the "Neighborhood Centers" area and the "Envlronmentally Sensitive Areas" S~nce th~s project ~s exempt from the Interim Resldent~al Regulations, the Environmentally Sensmve Areas (floodplain) may be developed, upon approval from the appropriate agencies Therefore, the res~dentml and open space uses are compatible w~th the Neighborhood Center designation ~n The Denton Plan ~ F~ve (5) property owners were not~fied of the zomng request Three (3) responses have been received, zero (0) are in favor, three (3) are opposed (see Attachment 2) However, the three property owners are outside city limits, thereby not revoking the 20% - supermajonty rule PRIOR ACTION/REVIEW The following ~s a chronology of Z-99-100, commonly known as Country Lakes - North [formerly known as Willow Lakes - North] i. Application Date - December 14, 1999 DRC Date(s) - January 6, 2000 and April 6, 2000 P&Z Date - June 28, 2000 First CC Date - July 25, 2000 ESTIMATED PROJECT SCHEDULE The applicant has submitted a Prehmmary Plat that is on the Planning and Zoning Commission's agenda for September 13, 2000 Final plats will need to be submitted and approved, prior to any building permits being issued FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and Argyle school district It will require no short-term public improvements that are the responsibility of the city P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (4-1) of this zoning Note. The applicant has resubmitted a detaded plan that addresses the connectivity concerns raised at the last City Council meeting OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zoning Commission Report, June 28, 2000, (Z-99-100) 2 Letters of Opposition 3 Planning and Zoning Commission m~nutes from June 28, 2000 4 Draft Ordinance Re§pectfull~/submitted Director of Planning and Development Prepared by Beth Hudson, Planner I ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Subject Country Lakes- North, Detailed Plan Case Number Z~99-100 Staff' Beth Hudson, Planner I Agenda Date' June 28, 2000 Hold a public hearing and consider making a recommendabon to the C~ty Council concermng the Detailed Plan of appmmmately 397 acres ~n Planned Development (PD-174) zomng dmtnct A tangle family res~denbal subd~ws~on w~th open spaces ~s proposed LOCATION MAP Location Southeast corner of John Paine Road and Johnson Road SIze 396 884 acres Apphcant. Sue Blankensh~p Owner: Chnstopher Jackson Carter and Burgess Wynne/Jackson Lakes Development 7950 Elmbrook, Suite 250 600 N Pearl, Suite 650 Dallas, Texas 75225 Dallas, Texas 75201 The apphcant,~s requesbng a Detailed Plan approval for PD-174 (see Enclosure 3) to construct a s~ngle family residential subd~wslon on th~s 396 884 acre property (see Enclosure 1) The project w~ll have 1,272 single family res~denbal lots and 15 open space lots As approved in the Concept Plan, the residential lot s~zes range from 5,600 square feet to 8,400 square feet w~th an overall density of 3 2 units per acre The average lot s~ze ~s 6,341 square feet The development also ~ncludes 42 acres of parks and open space, as well as a 36 acre regional lake Future Detailed Plans w~ll be submitted for the school s~te, a park site, and the neighborhood center The Concept Plan was approved June 15, 1999, therefore, th~s project ~s exempt from the interim regulations The Detailed Plan is generally consistent with the Concept Plan (see Enclosures 1 & 2), w~th only m~nor revisions ~ncluded as noted below, 1 The majonty of the pocket parks are now proposed to be ponds 2 Single family lots are now proposed along the northern edge of the regional pond 3 S~ngle family lots are now proposed ~n the southeast corner of the property between the Argyle city hm~ts and the proposed parkland In Staffs op~mon, these changes and/or modifications are m~nor and would not require a rews~on to the Concept Plan The Comprehensive Plan ident~fies th~s property to be in both the "Neighborhood Centers" area and the "Enwronmentally Sensitive Areas" S~nce th~s project ~s exempt from the Intenm Res~denbal Regulations, w~th appropriate approvals, the Enwronmentally Sens~bve Areas may be developed Therefore, the proposed uses are compabble w~th The Denton Plan 1 Transportation A Trip generation The proposed development would generate approximately 12,000 trips per day (at 9 55 tnps/dwelhng umt/day x 1,272 un~ts ) The apphcant has prepared a Traffic Impact Analysis (TIA), whmh ~s currently being rewewed Th~s study w~ll ~dent~fy traffic ~mpacts and subsequent m~t~gat~on measures necessary to suport th~s development B Access The s~te ~s currently accessed by John Paine Road, Johnson Lane, and Fort Worth Drive e C Road Capacity John Paine Road ~s ~denbfled as a collector street by the 1998 Denton Mobility Plan (see Enclosure 3) Th~s street ~s designed to be a four (4) lane und~wded street w~thout parking, providing four (4) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day John Paine Road ~s currently constructed w~th two (2) lanes without parking No traffic count ~nformabon ~s available for th~s street Fort Worth Drive (US 377)~s identified as a pnmary major artenal road by the 1998 Denton Mobility Plan (see Enclosure 3) This read ~s designed to be a s~x (6) lane d~wded street without parking, providing slx (6) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 27,900 tnps per day Fort Worth Drive ~s currently constructed w~th two (2) lanes, w~thrshoulders and no parking The most recent traffic count for Fort Worth Dnve ~nd~cates there may ,be adequate capacity to handle the calculated trips that could be generated by the proposed development A traffic count of 6,237 tnps per day ~s the most recent figure available D Pedestrian Linkages S~dewalks along all public streets are reequ~red 2 Utilities A water hne extension and a sewer I~ne extension w~ll be required to serve th~s proJect 3 Drainage and Topography New development w~ll be required to design and construct a drainage system to c~ty standards A preliminary drainage study w~ll be rrequ~red w~th the submission of a preliminary plat The study must ~nclude calculations of the 100-year storm for all drainage areas on this property and any area that drams towards th~s property The developer must md~cate the method by which the run- off will be carried across the property or stored on the property 4 Signs Ground signs have been proposed throughout the development The s~gns range ~n height from 4 feet to 7 ~ feet The s~gn matenals are masonry, w~th occasional wrought ~ren embellishments 5 Off-Street Parking Each residence shall have 2 off-site parking spaces Thirteen additional parking spaces are being prowded ~n conjuncbon w~th the open space at the southwest port~on of the development 6 Landscaping Th~s property w~ll have to comply w~th the Landscape Code, which requires fifteen (15) trees per acre and twenty (20) pement of all surfaces to remain pervious (plantable area) 7 Open Space and Recreational Areas Through the Park Dedication Ordinance (98-039), th~s development w~ll be required to dedicate 8 904 acres of parkland (or fees ~n lue) and payment of park development fees Dedlcabon requirements are required dunng the platting process Park development fees are required pnor to the ~ssuance of building permits 8 Lighting No restrictions are place on residential development 9 EnvironmentaIQuality Impacts No negative onwronmental ~mpacts have been ~dent~fled June 15, 1999- The subject property was annexed and placed ~n the Planned Development (PD- 174) zomng d~Stnct and land use classification by Ordinance 99-205 (see Enclosure 2) The subject property ~s not platted and would need to be platted prior to any development Not~ce of the zomng request was pubhshed ~n the Denton Record-Chmmcle on June 17, 2000 F~ve (5) property owners w~th~n two hundred feet were ma~led legal notices and thirteen (13) residents w~th~n five hundred feet were sent courtesy notices ~nform~ng them of the request (see Enclosure 5) As of this writing, there have been no (0) responses No neighborhood meetings have been held The proposedlDetalled Plan meets all the mlmmum technical requirements for a Detailed Plan as ~dent~fied in Section 35-176 of the Code of Ordinances and is generally consistent with the approved Concept Plan Staff recommends approval of Z-99-100 I move to reco,mmend approval of Z-99-100 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommehd denial 4 Postpone ConsIderation 5 Table item, 1 Detailed Plan 2 Approved Concept Plan 3 Zoning Map 4 S~gn Details 5 200'-500' Notification Map 5 ' ENCLOSURE .~. ~ '. = -' "',',,,~ ~ .... _., ., Iii ill,t . pg. ENCLOSURE 2 [aI Pg. 7. ENCLOSURE3 Z-99-100 (Country Lakes - North) NORTH PD 138 ETJ . ETJ _ .IQHNSQN PD PD138 ~ ~___~ PD 174 ETJ PD174 PD 138 CITY OF ARGYLE ZONING MAP pg 8. Scale None ENCLOSURE 4 ENCLOSURE5 Z-99-100 (Country Lakes - North) NORTH V JOHNSON Limit of 500' CITY OFARGYLE ~ Limit of 200' Notification , ,,,I Notification 200'-500' NOTICE MAP Pg ! 3 Scale None ATTACHMENT 2 NOT'J:¢E OF PUBLTC HEARING, Z-99-100 'l'he Planning and Zoning Commission of the City of Denton will hold a publ,c hearing on Wednesday. June 28. 2000. to consider e detail plan for a 54g acre site located at southeast corner of John Paine Road end Johnson Road in a PD-174 zoning dlstnct (see map on backside) The property Is legally described as all of the M SmRh Survey. Abstract 1181 and all of the W Smith Survey. Abstract 1182. In the City <)fl Denton. Denton County. TeXaS A single family resKlenUal subdivision with open spaces and a school site I$ proposed. The public hearing will start at 6 00 p m In the City Council Chambers of City Hall located at 215 E Mc)Kinney Street. Denton. Texas Because you own properly wEhm two hundred (200) feat of the subject property. ~a Planning and Zomng Commia~lon would #lee to hear how you feel about this zomng change request and ;nvites you to attend the pub#c hearing Please. In order for your opinion to be taken Into acx;3unt, return this form with your comments prior to the data of the public heanng (Th~s In no way prohibits you from attending and petf/cJpabng in the public hearing ) You may fax It to the number located at4he botton~ mall it to the address below, or drop it-.eff4n-per, sen Planning and Development Department 22t N. Elm St. Denton, Texas 76201 Attn: Beth Hudson, Planner I The zoning process ,nctudes two public heannga designed to provide opportunities for clbzen involvement and comment Prior to the public hearings, landowners withe two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public hearing is held before the Planning and Zoning Commission The Commission is Irdormed of the percent of responses in support and in oppos;flon Second. the zomng patstion is forwarded to the City Councd for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the lend area with,n two hundred (200) feet of the site submit wrltten opposition, then s~x out of seven ¥.;.~,~ of the ~ity Council are required to approve the zoning change These forms ars used to calculate the percentage of landowner opposition, Please circle one' In favor of request Neutral to request ~__pposed to request ~.~ Mailing Address ,7/-~' ~ ~ ./2. Phy, l~,/Udr, s of Pro rty within 2oo,..L CITY' O~ ~E~"t'ON. TEX~ CITY HALL WEST * DENTON, TEXAS 7e20~ · g40 349 8350 · (F) e40 349 77o7 F//ename / I I NOTICE OF PUBLIC HEARIN Z-99-100 The Planning and Zoning Commission of the City of Denton wdl hold a pubhc hearing on Wednesday, June 28, 2000, to consider a detail plan for a 549 acre s~te located at southeast corner of John Paine Road and Johnson Road in a PD-174 zoning d~stnct (see map on backside) The property ~a legally described as all of tha M Smith Survey, Abstract 1181 and all of the W Smith Survey, Abstract 1182, m the C~ty of Denton, Denton County, Texas A single famdy res~denbal subdivision w~th open spaces and a~ schoo s te s proposed The public hearing will start at 6 00 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Becauae you own property w~thm two hundred (200) feet of the subject property, the Planning and Zoning Commlss~on would tike to hear how you feel about th/s zoning chang~ request and ~nwtes you to attend the pubflc heanng Please, ~n order for your op~mon to be taken ~nto account, return this form w~th your comments pnor to the date of the pubhc heanng (Th/s in no way prohibits you from attending and partlc~pat~ng m the pubflc heanng ) You may fax ~t to the number located at the bottom, mail it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn' Beth Hudson, Planner I The zomng process includes two public heanngs designed to prowde opportunibes for c~bzen involvement arid comment Pnor to the pubhc heanngs, landowners w~th~n two hundred (200) feet of the subJect prqperty are not~fied of the zoning request by way of th~s nobce The first pubhc hearing ~s held before the Planning and Zoning Commiss~on The Commission ~s ~nformed of the percent of responses ~n support and in opposition Second, the zoning pet~bon ~s forwarded to the City Councd for final action providing the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Council if owners of more than twenty (20) percent of the land area w~thin two hundred (200) feet of the s~te submit wntten opposition, then s~x out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calc~ilate the percentage of landowner opposition I Please circle one In favor of request Neutral to request ~,.~pposedto request~ Comments Ma~hng Address ~:[~.~,., "~ d>~.~--, City, State Zip Telephone Number /'/~, Physical Address of Property w~th~n 200 feet ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 Fflename 1 5 · NORTH Z-99-100 (Country Lakes - North) V JOHNSON SITE Limit of 200' Notification CITYOFARGYLE I Limit of 500' Notification 200'-500' NOTICE ' JUN 2 6 2000 Scale None NOTICE OF PUBLIC HEARIN6 Z-99-100 The Plannmg ~and Zoning Commission of the C~ty of Denton will hold a pubhc hearing on Wednesday, June 28, 2000, to cori~.~J~e_r a detail plan for a 549 acre s~te located at southeast corner of John Paine Road and Johnson PEESC3n a PD-174 zoning d~stnct (see map on backside) The property ;s legally described as all of the M Smith Survey, Abstract 1181 and all of the W Smith Survey, Abstract 1182, ~n the C~ty of Denton, Denton County, Texas A s~ngle family res~denbal subd~ws~on w~th open spaces and a school site ~s proposed The pubhc hearing w~ll start at 6 00 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McK;nney Street, Denton, Texas Because you own property w~th~n two hundred (200) feet of the subject property, the Planning and Zoning Commission would tike to hear how you feel about th;s zoning change request and ~nvrtes you to attend the public heanng Please, ~n order for your option to be taken ~nto account, return this form with your comments pnor to the date of the public heanng (Th/s ~n no way prohibits you from attending end part~c~pabng in the public heanng ) You may fax ~t to the number located at the bottom, mail it to the address below, or drop ~t off m-person Planning and Development Department 221 N, Elm St Denton, Texas 76201 Attn' Beth Hudson, Planner I The zomng process ~ncludes two public hearings designed to provide opportumbes for c~bzen ~nvolvement and comment Prior to the public hearings, landowners w~th~n two hundred (200) feet of the subject property are notified of the zomng request by way of th~s not~ce The first pubhc heanng ~s held before the Planning and Zoning Comm~ssion The Commission ~s informed of the percent of responses in support and ~n opposition Second, the zomng petition ~s forwarded to the C~ty Council for final acbon provIdmg the Commission recommends approval Should the Commission recommend den~al, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit written opposit~on, then s~x out of seven votes of the C~ty Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request ,,//~Opposed to request~,~, Pnnted Name' J~/~T',~.I ~I~A ~q, ~ P._O~ Maihng Address /--/.~'5 4) O -~)H/V.S ~ ~ C~ty, State Zip ,Z~x2~y'L~--; '7",~ Telephone Number ~) ~ .. ~Z~/r.~_ Physical Address of Property within 200 feet CITY OF DENTON, TEXAS CITY HALL WEST · DENTON TEXAS 76201 o 940 349 8350 · (F) 940 349 7707 16. NORTH Z-99-100 (Country Lakes - North) ,N.LRED JCHNSON SITE Limit of 200' Notification ClTY OF ARGYLE I Limit of 500' Notification 200'-500' NOTICE MAP Scale None ATTACHMENT 3 Page 167 ! (BREAK TAKEN) i concept plan to need to bc redone 2 MR ENOELBRECHT At this tm%e we will 2 Thc basic configurations that we're looking at 3 continue our meeting for th~s evemng and move onto the 3 tonight are a park and a school site In the northern area 4 pubhc heanng port~on concerning zomng this evening with 4 Thc maj or arterial going through the northwestern portion 5 Agenda Item No 16, which is to hold a pubhc heanng 5 of the property, the major lake off to the west - excuse 6 and confider making a recommendation to City Council 6 mc, the east along Fort Worth Drive, and thc Inclusion of 7 concerning the detailed plan of appmxmmtely 397 acres m 7 green spaces and park area along the southern port mn 8 Planned lDevelopment 174 The proper~y is leGated at the 8 As you can see, the project that we're looking 9 southeast corngc of John Paine Road and Johnson Road 9 at tomght, the detailed plan, specifically gees into more 10 A s~ngle famdy res:dentrol subdivision w~th 10 detail about what size lots they're proposing and their 11 open spaces is proposed At this time I'll open the 11 locanen, the phasing of the project And because the 1:2 public hearing and say to those who crone to attend, we're 12 land uses have already been considered In thc concept 13 finally going to g~t to you It ~ven took longer than I 13 plan, ten~ght what we are looking at is the general 14 thought And we'll ask Ms Hudson to provide us with the 14 overall layout of the detailed plan 15 staff report and reconwcendat~on Good evening 15 One of the things that has been passed out to 16 MS HUOSON Thask you, Chmr and 16 the Conurusstoners during the break Is the three letters of 17 Cooumssreners As you have stated, the project that we're 17 opposition that we have received from surrounding 18 lookmg at tomght :s the detailed plan for Country Lakes 18 neighbors At the time that we had written the staff 19 North, formally known as Willow Lakes North It is 19 report, none of these letters had been received to date 20 located in between 1 35 and Fort Worth Drive just north of 20 Three pieces of property that are m 21 the Cl~y of Argyle Ci~j hm:t hnes The property has, as 21 opposition Is one fronting along Fort Worth Drive, one 22 propose¢l to you tomght, has I 272 res~dentml lots and 15 22 here at the northeastern corner of the property, and one 23 open spaces REd/or reereatloo lots It's almost 400 acres 23 off to the north As is probably evident to the P&Z 24 in s~ze And the concept plans on this was approved in 24 Commissioners, it lies -- all three of them lie in our 25 June of last year 25 extraterritorial jurisdiction which means that th~ Page 166 Page 168 I In regards to the Comprehensive Plan as it has 1 requirement whore we have to calculate neighborhood 2 stated for thc future Land Usc Plan of this property, thc 2 oppo~mon dces not apply to them and therefore the 20 3 site itself ts m a ne,ghborhood center which ts the 3 percent and/or super-majority rule to have it passed at 4 Compr,henstve Plan's deslgnatton of newly developing 4 C~ty Council ~s not applicable 5 resldentml areas As you can see, it is next to a 5 At this time, I wdl turn it over to the 6 regional mixed-use center Locally this project is know 6 apphcant and/or the applicant s representauves If you 7 as The Vintage that has the frontage along I-35 The site 7 have any questions at the end of their presentation I 8 that we're looking at tonight does have several 8 will be back to answer thou Thank you 9 environmentally sensitive areas However, because the 9 Ma ENOELBRECHT Thank you Is the 10 zoning on this project was approved in June of last year 10 petitioner or petmoner's representative present? I l makes this project that we're looking at tonight exempt 11 MS nLANKENSHIP Good evening, Chmrman and 12 from the ordinances that cover the enwronmentally 12 members of the Commlssmn My name Is Sue Blankenslup 13 sensitive areas 13 I m x~ ~th Carter and Burgess I'm the engineer for the 14 This Is a copy of the concept plan that was 14 apphcant 7950 Elmbrook Dave Dallas Texas Tomght 15 approved last year We're scemg the baSle configuration 15 we bnng before you the detailed plan for - n's been 16 However, this portion of it is in Willow Lakes West and 16 excu,e me Tonight we bnng before you the detad~xl plan 17 has already been -- and ts not part of thru detailed plan 17 for Country Lakes It's been renamed since it was 18 tonight Also, this project shows the portion here that's 18 approved as a concept plan as Willow Lakes 19 tn the City of Argyle, that tomght ts not part of our 19 A couple of items we'd like to point out, w~th 20 ttemutldereonstderatton The ttem that we're looklng at 20 th~s new detaded plan m terms of comparlson to the 21 tonight covers bamcally the top part from approximately 21 concept plan, I think with flus layout we've ~ncreased 22 here northward 22 the amount of lakes and the ameames m this detailed 23 The detailed plan that we're loolang at 23 plan The parks space, we've increased the park space 24 tonight vanes from ~t m a couple of ways but, in staff's 24 We s e left the channel natural, in a natural position 25 optmoa, they are relatzvely mmor and would not cause tl~ 25 versu, the channehzauon that we'd proposed with the PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 165 - Page 16~ 17 CondcnscltTM Page 169 Page 171 I concept plan I that s the area that the lake has b~cn placed m 2 I think we've done a good job with tlus and it 2 MR R[SHEL SO the southern part of the 3 works vga'y well So we'd appreciate your approval of thc 3 environmentally sensitive area Is all lake And the 4 detailed plan tonight If you have any questions, I m 4 western part is what? What is that that I sca on your 5 here to addr~s any questions 5 plan? 6 MR ENOELBRECHT All right I behove we do 6 MS BLANKENSHIP Thls west~i'n part? 7 have some questions Ms Gourdle 7 MR RISHEL Yes ma'am 8 MS CsOURD[E HI [ would like to ask a 8 MS BLANkENSHIP currently, we're proposing 9 question of you about concerning drainage We got qmte a 9 channehzatmn which comes up to about thts point and 10 fcwv letters opposed to this request because of tha 10 from there we're leaving the channel natural and we re 11 drainage situation And most of their homes, I guess, are 11 crossing it w~th John Paine Road, wtuch is an existing 12 on the point whom part of it's on the lake property Is 12 road 13 th~s lake gems to help control their drainage situation 13 MR mSaEL okay And the part of the 14 or how is tlns proposed to alleviate whatever's going on 14 enwronmentally sensitive area that tangents the top part 15 out them? Why did you pick that part as th~ lake toput 15 there? Yes, just move your pen nght on - therewego 16 the lake m~ 16 Yeah What is that in relauonslup to up above there and 17 MS BLANKENaHIP L'urrently, file position of 17 how has that been handled? 18 the it's an overall 63-acre lake and that's in the 18 MS BLANKENSHIP currently, it's not handled 19 position of the lowest spot on the site It's cto'mntls 19 Currently, there's an existing 240 c~s that comes down 20 mostly in the 100-year floodplain What we've done is 20 Johnson Road and we haven't detailed it out and done hnal 21 we ve opposed a series of detention lakes and what that 21 engineering on it and how we're going to actually handle 22 will do is detain the water as it comes down the lull in 22 that I th~nk the requirements of the Cl~ of Denton are 23 the sones and we have c~rtam lakes here that will 23 that we do the improvements downstream in order to handle 24 discharge into fig creek 24 thc increased flows 25 The overall 63 acre lake will detain the water 25 MR RtsHEL But you're telling me it flows Page 170 Page 172 I and thereby lowering the water surface elevation I the other way anyway so it's not downstream 2 downstream within tile Graveyard Branch Creek 2 MS BLANKENSHIP From fills point, it does 3 MS OOURDtE SO you'd ha doing some grading 3 flow that way 4 to bring the properties that are to - 4 MR RtsHEL okay So it's really not 5 MS BLANKENSHIP Right There's actually two 5 dependent on the other p~ece of property that you develop 6 different -- I don't want to call them drainage basins 6 south of that 7 but for the most part, th~s sphts file property draining 7 Ms BLANKENSHIP That S correct 8 th~s way The rest of ~t drams up to Johnson Road And 8 Ma RISHE[, okay Thank you 9 I think therein hes the concern 9 MR ENGELBRECHT 1 think Mr Retahhart wants 10 MS GOURDIE Thank you 10 to make a couunent hem l i MR ENOELBRECHT Mr Rlshel 11 MR REICHHART And JUSt real qutakly the 12 MR RISHEL If Mrs Hudson would put up fig 12 environmentally sensitive areas are exempt from the 13 environmentally sensitive area, and I'm just reflactmg 13 ~nterlm regulations, but there are sull a sones of 14 upon the fact that she had smd you would exempt from 14 reports and studies and approvals that have to be obtained 15 that I'm just trying to see how file lake s~tuat~on and 15 before they can do anything to them 16 the environmentally sensmve areas, how they had b~n 16 MR RISHEL A red flag for me 17 handled so far and what we have lugn domg to try tu work I7 MR REtCHmmT mght And~fyouhavc 18 with what we had there as much as possible ~v~n though we 18 drainage questmns Dale Hoeltmg ~s here 19 were ex,.opted 19 MR RISHEL Thank you 20 MS BLANKENSHIP Rlght What we've done ~s 20 MR ENOELBRECHT MS Apple do you have a 21 we've put the 63 acre lake in th~s ama And what it does 21 qucsnon? 22 ~s r~ght now the enwronmentally sensitive areas ~s a 22 MS APPLE Yes One of the rev~smns noted 23 100 year floodplain And what happens is thor* :sa cross 23 in our backup ~s that the majority of thc prevmus pocket 24 culvert across 377 and when tt backs up from Oras~ard 24 parks are now proposed to be ponds Could you tell me how 25 Branch, a creates th~s backwater effect So, therefore 25 many of those pocket parks am go~ng to be ponds and can PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 169 - Page 172 18 CondenseltTM Page 173 Page 175 you expand on why they're going to be ponds instead of I while he's looking for that? 2 parks? 2 MS APPLE NO 3 MS BI~.NKENSHIP One, w~ believe it's an 3 MR ENGELBRECHT okay ¥~/hlle he's looking, 4 amenity tO the subdivision And, two, tt acts as a 4 I'll carry on with some of those questions Ms Apple had 5 detaining -- as detentmn for all that water What we 5 In regard to the pond areas, you had mdlcated tho% are 6 propos~ ts a trail system that runs in and through and 6 going to be linked by a series of trads9 7 around the park -- the lake systems 7 MS BLANKENSHIP That's the mtenhon right 8 This pocket park, tlus one, this one, th~s one 8 To link the school s~te, the neighborhood center, and thc 9 is partially with the -- also with some mt. ended ball 9 park systems with a series of trails that go in and around 10 fields This would be a small lake This would be a 10 the big lake, the small lakes, and just links up thc 11 small lake with the intended park area 11 system as approved on the concept plan 12 MR RISHEL Why don't )ou go ahead and remove 12 MR ENGELBRECHT All right Then wdl 13 that other document and we can kind of pull tn a little 13 pond areas have any sort of amenities at them, park table 14 closer on that That's great 14 or Is it s~mply -- 15 MS APPLE Okay In response to my first 15 MS BLANKENSHIP well, there's an overall 16 question, how many pocket parks were originally planned, 16 neighborhood center which will be an amenity c~ntcr In 17 number-wise9 17 so far as the trail systems going in and around, I don't 18 MS BLANKENSHIP Originally planned~ 18 have specifics on that 19 MS APPLE That y'all have rewsed now to 19 MR ENGELBRECHT Right now you're just 20 ponds I guess I'm thinline numbers 20 looking at those being a water holding area sort of w~th 21 MR ENOELBRECHT Mr Retchhart wants to make 21 the pond`> 22 a comment 22 MS BLANKENSHIP with the trail system and 23 MR REICHHART The concept plan I think 23 landscaping 24 identified three or soreetlung but it was just a concept 24 MR ENGELBRECHT That goes through 25 that they were going to have pocket parks scattered 25 MS BLANKENSHIP Right Page 174 Page 176 1 throughout their development and I don't think there was i MR ENGELBRECHT okay When I said amcmty, 2 any clear defimt~en as to exactl~ what that meant It 2 I was thinking about a park bench 3 aught have you know people aught have thought one 3 MS APPLE Park benches, picnic tables 4 thing or th~ other and that's wh~ staff made tha 4 MR ENGELBRECHT A pmmc table, right One 5 determination that it wasn't that that u was more of a 5 little piece of play equipment 6 minor rews~en just to be noted that these are mom ponds 6 MS BLANKENgHIP Pre sure those are being 7 I think you mentaoned that there s gumg to b~ walking 7 considered 8 areas around them 8 MR ENGELBRECHT But you don't know at this 9 MSAPPLE tguess~t'aoulddependontfyou 9 potnttnttme Okay Allnght Yes, Mr Relchhart, do 10 had children who wanted green space m play rath~ than 10 you have an answer to that or are you still working on 11 water areas since you've alread) got a Lathes large lake 11 that one'> 12 So I guess that*s my question Hms many green space areas 12 MR REICHHART One of the proposed retentmn 13 do you have since we now hat e so many ponds? 13 -- the southern one that was pointed out, is identified as 14 MS BLANKENSHIP In ad&t:on to the ponds 14 a retention and lake, a total of 5 7 acres It looked 15 then, there are three areas that are designated as - I 15 like about one-third and two-thirds so I'm saying about 16 don't want to designate them a~ ball fields but they're 16 2 5 acres there which would give us a dry park 17 play argos It's not been dee~ded what's going to go mtn 17 would be a total of 8 5 acres, somewhere around there 18 thoseyet Th~s~sene Tlus~saseeondarea Andthen 18 MS APPLE 8 5 acres out of 400 acres9 19 a third area ~s up near tho top of the 1~11 19 MR REICHHART correct 20 MS APPLE And what s the total land area of 20 MS APPLE okay Thank you 21 those thr~ parks? 21 MR ENGELBRECHT Are there any other 22 MS BLANKENSHIP I don t ~call I know ~t's 22 questions for the petitioner9 It appears not Thank you 23 increased from the concept plan 23 Is there anyone present who would hke to speak ~n favor 24 MS APPLE. Mr Re~chhart Is looking for that 24 of this petition9 Anyone present to speak in favor of 25 MR ENOELBRECHT DO }OU have other questmns 25 flus petition9 PLANNINO AND ZONING COMMISSION JUNE 28, 2000 Page 173 - Page 176 19 CondensoltTM Page 177 Page 179 I do have a card from an individual who wishes rain did we get for the field So we keep it I pulled 2 to speak in opposalon Patrlcla Brown And If you would 2 what I could hod of my records I haven't found mother s ~l 3 please give us your name and address for the record 3 yet In 1986 on Febrnary die 3rd, we had s~x roches of 4 Ma BROWN I'm Patrlcla A Brown We've got 4 rain 1987, May 28th we had slx and four tenths Itt 5 anewglladdrex$ The mad-out went to Route 2 but I'm 5 1990, January19th, wehadllandfour-tenths Ivelost 6 now 4300 Johnson Lane It's Johnson Lane It was Route 6 one of my calendars But, anyway, I'm losing my tane 7 2, Box 319 Arc)lc, Texas I felt I had to come No one 7 MU ENOELBRECHT YOU have a minute left 8 knows except those that hnvo experienced the water that 8 MS BROWN That we had 11 and three-tenths m 9 flows from those two balls, south/southeast 9 less thaB 12 hours And some of these aw in an lselattxl 10 Ihaxebocnthcm48years Mrs Smlthand 10 area as far as ralnfall ls ooncerned It is easter to 11 her daughter hn~,e been tbore longer They originally 11 handle But some of it ~s tn a wet season and you've had 12 lived on thc farm that I now live In, that I've hved for 12 two inches three days before You've had three inches 13 48 years~ I'se been on that farm Tboy have bean just 13 you follow that It's an aeamnulat~on Everything ~s 14 east Mr Hughes ls across the road from us Thlslsmy 14 full Do these lakes - am they gemg to be sufficmW~ 15 fence row Houses am going to be hnmg my fence row 15 You turn it from tl~ btu lake across into Graveyard 16 When I say m5 that s me and my sisters We inherited 16 Branch somebody ts going to suffer somewhere from th~s 17 from our parents Wc have lived there Wc have learned 17 if ~t doose't work I want cverybody to be put on notice 18 m adapt Wc has e made plans Wc havc terraced Wc have 18 that it ~s there Wc havc a perttcular weather pat~rn 19 tanked We ha'~e done to hvc wtth what Mother Nature puts 19 that Is just for this particular area It sounds strange 20 upon us 20 but until you've lived there, you do not know 21 This ~s something new cnt~rely It will be 21 We've got five hills We'vc got Crawford 22 semcthmg ney, to have to learn and adjust to Wc don't 22 Hdl We've got thc Bald Hdl We've got Pilot Knob 23 know what or ho,,$ we wdl have to adjust But I do want 23 We've got Long Point And it all accumulates It's 24 the peoplc that are doing thc devclopment, I want the City 24 weather We'vc got wind We've had cyclones 25 of Denton to know, there is an extreme nmouflt of water 25 MR ENGELBRECHT we've got five minutes too Page 178 Page 180 I Theymayplan~tandhandlcltwcll Idonotknow If MSBROWN okay But I'm gomg to hnve to 2 it ~sn't there wdl be flooding Denton wdl bo knowB 2 tell you that I do hope that they do -- that they can 3 for flooding 3 accomphsh what they wish to accomplish But 1 do want 4 If those houses just west of us along the west 4 y'all to know that it needs to have careful considcranon 5 fence row, 'a h~ch is not what they're talking about 5 MR ENOELBRECHT I understand Any 6 developing lmmedmtely they will be the terrace or the 6 questions? Thank you Thank you I do have a couple of 7 levy to keep tt from going onto our farm The house has 7 cards of tndivlduals who wish to indicate their opposmoo 8 never had a flood on it Tho barn lot behind the house 8 but not speak and I will cover those momentarily Is 9 used to stand in ss ater When the Smtths lived there, it 9 there anyone else who would like to speak in opposmon to 10 happened Ivly father and the man that owned that land 10 this petition? Anyone else pmsem to speak in opposmon 11 terraced tt JUSt betund the barn, down tho road, takes tt 11 to the petition? Yes, ma'am 12 down the d~teh That solved that problem that we could 12 MS BAS.SHAM I'm Peggy Smith Bassham I m 13 hve with it 13 an adjmnmg neighbor to Pat I've hved there for over 14 But if the houses are put there in place of 14 50 years, none of your business how many years exactly I 15 the terrace, either it works real successful and we get no 15 have seen the flood over Htghway 377 which is beside our 16 water or it doesnt work successful and tho people are 16 place 17 flooded that are coming I speak not just for us I 17 Our place comes down to a point and I'm afrmd 18 speak for thc future resldenta that are going to hvo 18 the dam that they're going to fix Is going to back water 19 there 19 up on our place We're right here Pat Is here Our 20 I don't know if ail tbo lakes wdl cerry all 20 place comes down to a point I have scan the water take 21 the water Sooner or later it can reach a point where 21 these great b~g huge bails I've seen them take them off 22 there's overfln',~ Then what happens? I don't know how 22 the fields where -- out of their property and I've seen 23 much 11 can take I pulled - my mother always kept a 23 them throw then up on H~ghway 377 We expect to have the 24 calendar of rainfall I have done the same smce because 24 h~ghway flooded several times 25 it's how much ram did we get for the bvestenk, how much 25 Of course, we've had a drought recently but PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 177 - Page 20. Condon~ItTM Page 181 Page 183 I we vc stdl had lacbes upon inches m thc last little bit 1 north/northwest -- northeast, excuse me 2 But I just hope that they have the people that they're 2 MS BLANKENSHIP Right There's two hflhop, 3 bmlthng for, they taka good flood damage because they're 3 right here and from that point, it flows that way 4 going to have It That's all I've got to say They need 4 MS GOURDIE SO the water all collects on th~ 3 to know what's going to be happening to them 5 road9 Is that where It's draining to9 6 MR ENOELBP,~CHT Sure Thank you Thank 6 MS BI~S, NKENSHIP AS one of the property 7 you Finally, I also have a card and Ms Bassham had 7 owners said, they put a terrace up and what ~t docs 1~ ~t 8 gl',en us a card and had mthcated sha d~dn't wish to speak 8 hits thc terrace and ~t goos north towards Johnson Lane 9 but then changed her mind And that's all right I also 9 and then it hits the bar ditches and goes along Johnson 10 have a card from Nons Smith, 5094 Johnson Lane formerly 10 Lane 11 Route 2, Box 320, Argyle She indicates her opposluon 11 MS GOURDIE IS Johnson Lane an Improved 12 v, ath a colrm~eot about a concern for drainage Is there 12 road9 13 anyone else prescnt who would like to speak in opposition 13 MS BLANKENSHIP NO 14 to tlns patroon9 In that case given that there was 14 MS GOURDIE It's just a -- 15 opposmon there ~s an opportunity for rebuttal Would 15 MS BLANKENSHIP It's barely a two lane 16 the petitioner hkc to makc any comment? I suspect that 16 dirt road 17 some Commissioners m~ght hkc to ask you about thc 17 MS GOURDIE Are you required to do road 18 drainage issuc and how you've managed that 18 Irnprovements9 I9 MS BLANKENSHIP sue Blankeosh:p, one~ again, 19 MS BLANKENSHIP AS of Friday, yes 20 just for the record The drainage issue, the series of 20 MS GOURDIE Thank you 21 lakes hasn't been completely engineered out but we have 21 MS BLANKENSHIP Yes, that was tn the I IA 22 done the sea loamer we've done the drainage ama It's 22 recolrmaendattons received from the City of Denton last 23 ox er one square mile in the drainage area conung down 23 week 24 through Oraveyard Branch Wa have a 63 acre lake which 24 MR ENGELBRECHT Mr Moreno 25 ~lll fluctuate 2 0 to 2 2 feat in elevation to accommodate 25 MR MORENO Yes The retention pond~ that Page 182 Page 184 I for the drainage I you show on your plat, are those pretty much in their 2 We also have the series of additional ponds 2 natural state gems to be left in their nature state as 3 I don't recall the acreage on those since they haveo't 3 they are now or are those going to be engineered much hkc 4 been completely designed We've complied wah current 4 the C~ty of Denton has been engineering some retentmn 5 subdivision ordinances and I think that this series of 5 ponds around our conunum~y9 Describe what that s ~eall5 6 lakes will actually decrease thc downstream flows 6 going to be 7 Currently, I think the elevation at tho 7 MS BLANKENSH[P There's a stock pond here 8 crossing where all this drainage, where 90 percent of this 8 And so what - on th~s particular lake, it's just dug out 9 dramage goos to now is at an elevat~on of 643 We're 9 ahttlebitdeeger AIl of those wlll be deteot~on ponds 10 proposing to decrease that water surface elevation by over 10 with the exception of the main lake wbach is a 11 a foot and a half with this drainage and detention pond 11 retent~on/detenUon pond and those wdl all be engineered 12 for fleodtug 12 up 13 Insofar as hacking up with the lake, as I 13 Ma MORE~O SO they wdl be more than 14 smd it's 63-acre lake and it's two foot 14 that a deep m something they are today? i15 addmon to the slx foot retention So I'm confident it's 15 MS BLANKENSHIP That's correct 16 not backthg up It will be designed properly and 16 Ma MOae~O ^nd could you gave us a httle 17 according to all subdivision roles, regulaaons, mM^ 17 b~t more demfl as to what kind of engmetmng you re 18 MR ENU, ELBRI~CHT okay Any other comments m 18 going to do to those lakes? 19 rebuttal before we go to questions? I do have some 19 MS BLANKENSHIP well we've done an 20 questions from the Commissioners 20 extensive flood study and that's been approved by thc ~ 1 MS BCANKENSH~P [II wait right here 21 of Deot~n currently and as part of our conditional letter 22 MR ENOELBRI~CHT okay Ms Ooardia 22 of map revision And that's also been sent on We ~3 MS OOURDI~ on the property side that's 23 haven't detailed out what the final engmeenng plans all 24 northeast, that comer there that's by one of the 24 of those Right now it was just -- with all the 15 propertie~, you said tho land slopes to the 25 calculations and flood studies and how much water ~s PLANNINO AND ZONING COMMIIIIIION' JUNE 28, 2000 Page 181 - Page 184 21. CondenseltTM Page 185 Page t87 I tbom I that k~nd of ram hero 2 MR MORENO okay Thank you 2 MS BLANKENSHiP Right OUr lakes are 3 MR ENOELBRECHT MS Apple 3 designed using the Cl~y of Denton criteria which I bchcx c 4 MS APPLE Oomg back to my questton about 4 is 9 6 inches per hour for the 100-year storm 5 the green space and the ponds eerher 5 MR ENOELBRECHT okay All right 6 Ms BLANKENSHIP oh, good I might have some 6 MR RISHEL For how many hours? Two hours 7 more answers 7 MR HOELT[NO Over a 24 heal' period 8 MS APPLE okay In looking at tho plan it 8 MR RISHEL Over a 24 hour period Okay 9 lookshk¢lfyouweretohvcmPhasc I 2 3 4, ur6, 9 Sothell mcbos~sthc 150 year flood, rlght7 10 you would have ample opportunity to bo sm'rounded by lake, 10 MR HOELTINO There is nothing in tho C~ty o! 11 ponds something green, et cetera It looks to me like, 11 Denton designed to that 12 however, if you hved in Phase 5 you would have been 12 MR RISHEL R~ght and we can't handle ~t 13 relegated to Stheaua w~th nothing for JUSt rows and rows 13 It's going to be the year 2060 before we get another ram 14 and rows of houses with nothing to break up the monotony 14 hke that 15 up there Is thm'e some reason why you did not separate 15 MR ENCiELUUECItT { wonder Ms Blankenslnp 16 out your open space areas more consistently across the 16 I know Carter and Burgess ~s a respected firm and you 17 project instead of ali bunched? Like if you're m Phase I 17 folks have done an awful lot of good work around D~nton 18 down there, you're virtually surrounded by stuff and then 18 sometunes for Denton specffmally they've hued you 19 Phase 5 is just, like I said, just row after row of houses 19 Have you at all talked to these ladles or any of your 20 w~th no relief 20 representatives from this finn or from tho petatmncu 21 MS BLANKENgHIP [ wouldn't say no rehef 21 MS BLANKENSHIP Wa Ye Just briefly mot them 22 Thace's tope There's a lot of relief up there and that's 22 tomght 23 one of the reasons This is up at tho top of the lull and 23 MR ENGELBRECHT All right I would 24 it's rather steep up in through those areas 24 encourage you ladies to spend a hale time tallang with 25 MS APPLE Bill It'S still row after row of 25 Ms Blankenshlp about prectsely what they've done in terms Page 186 Page 188 I houses next to one another and these are small lots I of the ealculatlons and also what they're going to do 2 MS BLANKENSHIP Right The reason -- it was 2 regard to the different roads and that sort of thing and 3 a convoluted kind of project and it came together 3 when because just because they say they're going to pate a 4 eventually but there was no rhyme or reason at the t~roe ~t 4 road, that may be in Phase 5 and, you know we may not see 5 was done except for this works vath the concept plan The 5 that for 20 years 6 concept plan was just that, it was a concept plan and it 6 And then again Phase I may come tomorrow 7 showed areas of the parks 7 And so ff you could just sort of reform thera andlm 8 MS APPLE 1 was JUSt curious what the 8 sure these lathes have lived out there a long time They 9 thinking was 9 know everybody and they'll get the word out to e'~eryonc 10 MS BLANKENSHIP Right We put together a 10 else I th~nk sometimes ~t helps a great deal when thc 11 plan that work{xt with the concept plan, that complied to 11 commumty surrounding, particularly a development of th~s 12 the concept plan We beheve this park up hex'e provldes 12 s~ze has a better understandlng of what's gomg on 13 one of the b~ggest spaces, actually So, no, there's no 13 MS BL^NKENSHIP we'd be more than happy to 14 rhyme or reason as to why there wasn't 14 do that 15 MS APPLE tt looks to me lhke if I worn 15 MR ENOELBRECHT 1 would appreciate that 16 looking at the project considering moving there, it would 16 Fear of the unknown seems to be the most prevalent form 17 be real hard to convince me to live in Phase 5 17 and frequently thc other g~s away It doesn't appear 18 Ms BLANKENSHIP well, you don't have to buy 18 that there are any other questions 19 your house thare You can buy it over here 19 MR RISHEL Th~ are more questions 20 MR ENOELBRECHT colmmssioners, any other 20 MR ENOELBRECHT oh, thor{: are Yes do you 21 questions? In regard to thc - I know that you folks do 21 have some Mr Rlshel? Okay Mr R~shcl has semi. 22 extensive studies with regard to ll~ drainage area 22 MR RISHEL Eventually, I'd lake for Mr 23 involved What sort of rainfall do you account for, 23 Hceltmg to talk about the drainage situation, but for 24 however7 You know, will your 63 acre lake handle, in that 24 right now as we look at -- I mean, I normally think of a 25 drainage area, 11 inches m s~x hours or whatoter? We get 25 project as they develop it out as you havc mentioned ~t PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 185 - Page 188 22 CondcnseItTM Page 189 Page 191 I slx areas of phasing, that that's the sequence that you're I Ms Blankeash~p? TMs was your rebuttal per:od 2 going to develop the subdivision, is that eorreet'~ 2 MS BLANKENSHIP [ d apprecmte the approval 3 M~ BLANKEN~HIP That's the anticipated 3 of the detaded plan and your cons~derauon thereof 4 sequence as of today 4 MR ENOELBRECHT Thank you With that th~ 5 MR RI~HEL I looks like all the amenities 5 pubhc hearing ts closed And do we have final staff 6 are m Phase 6 So that's going to be a long watt to get 6 remarks? 7 there Is that how you antampate that'~ 7 MS HUDSON Th~ only final staff rtnnark that 8 M~ BLANKENSHIP The school and the park are 8 I have to make at this tm~e ts ua note that the amenity 9 tn Phase 6 9 center that they have planned ts m Phase 3 which would 10 MR RI~HEL okay 10 service a large chunk of Phase 5 11 M~ BLANKENSHIP There is an amenity 11 Let me also grab the concept plan because ~t 12 center -- 12 also shows the adjoining park area that ns currently under 13 MR RISHEL Is this a bye-year development 13 constructmn :n Willow Lakes West and Argyle Tlus ~s 14 or ts this a 20-year development or how do you see this9 14 Phase 1 tn Argyle that Ms Blankenshtp was referring to 15 It depends on how it sells'7 15 As you can see, a great deal of :t ~s open space park 16 MS BLANKENSHIP It's over five years and 16 area 17 probably less than 20 I don't know exactly how long 17 There ns also the park area bere that ts along 18 It's probably about a ten-year development But m ternas 18 :n the Wdlow Lakes West area along with their park her~ 19 of muenittes, our Phese 1 is actually m conjunction with 19 I reahze that u's not as close m linear feet as u:s 20 a portion of Phase 1 tn the City of Argyle where there's a 20 to other pomons of the park however the park up here 21 large amenity center 21 at the top ns listed as an acnve park which means thai ~t 22 This will all be one homeowner's association 22 has mom amemtms than some of the pocket parks that wdl 23 There's a large amemty center with the crcek still going 23 be m the esther phases And I will he here to answer 24 down through So the Phase 1, we're looking at it as this 24 any other questmns that you have 25 and the portion of Argyle as a Phase 1 tn ten~s of 25 Ma ENGELBRECHT Mr R~shel Page 190 Page 192 I amenmes I MR RISHEL Yeah, I'd hke for Mr Heclung 2 You also have tn Phase I you have the creek 2 to address our drainage sttuaUon, ff he might as a staff 3 going through there wtth the channel A portion of the 3 comment I think Mr Heelt~ng has had several s~tuaEons 4 lake wdl have to be built with Phase 1 There's two lake 4 and looked at the drainage with the chent and the 5 pocket parks aid a play area 5 petu~oner And tf you could explain to our audience 6 MR RISHEL okay Thank you 6 people what we try to look for and what we try to do ~n 7 MR ENGELBRECHT MS Apple 7 ~mprovmg both the mtent~on and the bar dlteh sttuanon 8 MS APPLE [ gUeSS tO sort of piggy-hack h~s 8 so that water ns going ua be carried off and channeleA 9 quest:on, your answer ua :ne about Phase 5 not hevmg any 9 properly That might help us a httle bit 10 open space was that there was a large park near there, but 10 MR HOELTING okay Let's just start off a 11 that's m Phase 6 which would obviously come after Phase l I httle blt with 12 5 So how would a park that's not coming unttl a later 12 MR ENOELBRECHT could you look at the map 13 phase help the penple tn Phase 5? 13 and make sure that - I mean, look at the overhead Yeah 14 Ms BLANKENSHIP TO be honest, the Phase - 14 them you go Make sure we're on there Them you are 15 probably 4, 5, and 6, we aren't real sum which ts really 15 MR HOELTINO This outhne down here :n green 16 4 5, and 6 But at the t~me - 16 is hesmally the 100-year floodplain as depicted on thc 17 MS APPLE BUt We have to know that m order 17 current FEMA map Now, this ~s an approximate floodplain 18 to make a decision 18 and hasn't been stuthed m detad When they come :n to 19 MS BLANKENSHIP Right The City of Denton 19 devclop an ama like this they're reqmred ua do a more 20 requested that we gums which phes~s would be commg 20 detmled study - 21 on hne next I don't beheve our cheats have done a 21 MR RISHEL It's been studied by Mrs Brown 22 market~ug study of which one tt depends upon product 22 MR HOELIINO mght A more detailed study 23 type, I believe 23 ua determine where the 100 year floodplain ns and we have 24 MR ENOELBRECHT Any other questions, 24 a large map that sort of shows that and I don't really 25 Commissioners It would appear not Any final comments, 25 want to get into that now But tn th~s particular area PLANNING AND ZONING COMMISSION JUNE 28, 2000 2 3 Page 189 - Page 192 CondonseltTM ~ Page 193 Page 195 1 down here, they am basically encompassing all of the 1 377 When Johnson Road itself ~s upgraded, whatever type 2 100 year floodplain as a actually exists T'ms 2 of drainage comes through the existing right-of way wdl 3 partmular creek comes through hem and it actually goes 3 have to be addressed at that point It might be that when 4 further south What they're proposing is a thvergmg 4 they get through that ~f it isn't physically possible to 5 channel through this area to bnng the water over to the 5 do the drainage ~mprovements or it's too far to get that 6 pond area m high flows The low flows wdl continue to 6 to the creek or they can't get the off site ~mprovements 7 go through Argyle 7 or easements done then they'll have to do detenoon 8 This large detention basra serves multiple 8 MR RISHEL So you're telling me that flus 9 purposes One it detains or limits the increases in flow 9 northern part ~s still under study Is there any way thc 10 off the entire subdivision to exlstmg condmons as they 10 bar ditching unprovement could help th~s s~mation'~ 11 are today They've also provided more pond area than they I l MR HOELTING It may help that s~toat~on m 12 really need because the opening under the railroad and 377 12 flus umnediate area but you re Increasing flow on a 13 Is a very small opening so they reduced the flow to 13 downstream property at some point E'~en though we may 14 reduce the amount of flooding that would occur on 377 and 14 anprove this there, thme's an exlstm8 pipe and Johnson 15 the railroad track 15 Road turns and it's m this corner there's an ex,sting 16 So they've, quote, over dota~ned to accomplish 16 pipe that's under size It obviously would have to be 17 that because, typically, they would have to do 17 improved to keep the road from flooding But now we re 18 improvements here because of the inadequacy of the systan 18 contmmng to pass the flow downstream 19 This whole study was reviewed by the City of Denton and 19 Now, our orthnance bas~cally states that if 20 tile engineer for thc City of Argyle And Argyle had 20 you bring drainage ~n an underground pipe system to a 21 concerns about the mcreases in flow and that's where the 21 creek we have no outright detention pohcy that says you 22 idea of this large deteataoo pond came in 22 have to detain 23 Th~s has been submitted to FEMA for reVl~W as 23 MR RISHEL BUt the p~pc has to be sized 24 far as tl~ overall concept to see that it fits witflun the 24 sufficiently? 25 regulations of b'EMA and that when this Is all done they 25 MR HOELTINO mght, to handle thc flow Page 194 Page 196 I can approve the changes to the floodplain as you see aloe I Now if the end of the p~pe stops and it s I 000 feet to 2 with the City of Denton 2 the creek, they have m make off s~te ~mprovements to 3 As MS Blankenslup Indicated, that portion of 3 accommodate file ~ncrease in flow or obtain a drainage 4 the subdivision, there's a large lull hem and most of 4 easement to - sufficient or w~de enough to accommodate 5 this water does drmn m an easterly direction The 5 that large area or do a detention So, really at this 6 series of roads that you see here on the very edge of the 6 pmnt this has not been - it's been addressed by a note 7 property along with internal roads will capt'dre all the 7 and before they get a final plat they would have to do 8 runoff that comes in this dtreatton Bring tt down to 8 one of those three options 9 the series of lakes and then be detained before it leaves 9 UR RISHE[ okay So we may yet see th~s 10 off-site I 0 again in another form Is that what you're telling me9 11 So, basically, these - Just the back parts of 11 Ma HOELTISO Quite possibly you may see '12 these lots will continue to dram onto this property So 12 and I don't know if a has to go back through a detaded 13 water that used to calan off this entire property this 13 plan ff they put a pond up here but that's somefluag that 14 direction, basically used to flow m this pattern, now 14 maybe the apphcant can address They're wall aware of 15 wlllflowthtspattem So we're decreasmg the amount ol 15 thatmue It is m the notes and that s why I'm 16 flow on this property 16 speaking to you about it today 17 Now, what really hasn't been addressed fully 17 MR mSHE[ That's why I wanted you to speak 18 at this point, the prehmmary plat stage, and It's 18 to us because I wanted our audience and our non residents 19 addressed in a note Is that the drainage that comes in 19 of Denton to feel better about where we are gmng And I 20 this northeasterly coroar, there's several options a 20 don't know ff they feel that way yet I know I don't feel 21 personhas One, they can do the unprovements to the 21 thatwayyet I'dhkemsceahttlebamorecolorup 22 existing dramage system or they can get an off-site 22 there, I think 23 drainage easement to handle the increase tn flow Or the 23 MR HOELTtNa tn answer to flus pond, there 24 third option is to do a detention to detain the flow 24 is going to be a berm along this side and probably 25 Johnson Creek tums and goes tn this type of direction out 25 wherever flus is in a more detailed plan with the PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 193 - Page 196 24 CondcnscltTM Page 197 Page 199 i condalonaI letter of map revisions submlttaI to FnMA I MR ENOELBRECHT Mr Relchhart, do you want 2 There will he a spill-way Our ordinance requires that an 2 to address that? 3 emergency splll-wey be set at the 100 year level such that 3 MR REICHHART Yeah This is a zoning 4 if any of the outlet works gets plugged, if we have any 4 dootmxent We re approving a detailed plan There am 5 ! l-inch rain storm, we have a mechanism emergency relief 5 drainage stuthes that are reqmred to do that By th~ 6 to get that water out downstream such that it doesn't 6 tone we get into final plat they may havc to change ~onlc 7 flood any of thc a~omlng properhes or these houses 7 of the configurations of some of tbcsc lots 8 And that's a condition of our subdlws~oo regs that they 8 If that's the casc they'll havc to comc back 9 build ~t that way 9 and get revised detailed plans to do that But based on 10 MU RISHeL AS yOU look at it sounds to mc 10 the drainage reports they've submitted and the 11 like the separatmn, as w~ look at the map here, is 11 calculatmns and all the studies that wc'vc revicwed we 12 somewhere between thc park area and thc school area as 12 behevc this dramagc study does adequately address tbosc 13 this hilltop comes through there And from that area that 13 concerns and wc will get more dctaded mfurmation as wc 14 would bo that separation on north from them, is that 14 go tl~rough the platting process 15 300-foot or 200 foot or 500 fooO What would that 15 I mean, the real questmn is - I mean, the 16 distancc bc? 16 drainage is a major concern on any development and needs 17 MR HOELTINO Let iBC Sea If I can find that 17 to bc addressed but the underlying issue is the 18 MR RISHEL or am I wrong on where it would 18 confonmty with the concept plan and lookang at th~ 19 separate, where this hdltop spht comes in? 19 reinemhermg that it ~s a zoning doomnent 20 MR HOELTINO This 15 where that hilltop 20 MR RISHEL Right NO, I know that thc 21 there's a big hilltop hem and this is this flow from 21 Carter and Burgess people are more than capable of 22 there And I don't know what scale we're at 22 des~gmng something that's going to be more than adequate 23 MR ms}lEt SO the school site is in fact, 23 for thc neighbors that they have whether they're Denton 24 kind of the d~vidmg line there? 24 mt~zeos or not 25 MR HOELTING Ye.ah, that's what it looks 25 And I apprecmte Mr Hoolting going through Page 198 Page 200 I hke I the process that we go through in looking at how we ') MR RISHEL The school site iS on thc top of 2 develop lakes and deteotlon and flows and calaulatmns and 3 thc hill? 3 whatever else And I've gone through that process v,~th 4 MR HOBLTINO Right 4 Mm several tunes I know he's very good at it and ~s a 5 MR RISHEL And so is that 500-foot or 5 watchdog for us m making sure that we don't create 6 I 000 foot that would drain to the north? 6 problems m those areas So I apprecmte that and I hope 7 MR HOELTINO It looks hke about 1,000, 7 that our neighbors to the oorth here appreciate wh~e 8 about 1,000 fzet, 1,200 feet 8 we're trying to go It doesn't sound hke everything ~s 9 MR RISHEL That'S quite a b~t And what is 9 developed on this and them ts going to bc other things 10 the drop m elevation from where the top of the tupo is to 10 that are forthcoming 11 the average height of the road on the north end? 11 MR HOELTINO I would just say that many 12 MR HOELTINO Roughly 715 down to it looks 12 times we approve a preliminary plat with the conthtton 13 like 50 feet 13 that m order to do that ~mprovoment, you'll need to g~t 14 MR RISHEL SO you get some pretty good 14 thc off site easement the detention pond or do the 15 velocity? 15 improvements And we bas~cally will not try to bring 16 MR HOELTINO we're going from 715 at tho 16 something, recommend approval of a final plat until wc 17 very top of the hill down to 655 so that's actually 60 17 have those documents m hand and assured that the oil sat. 18 feet 18 property owner has agreed to whatever types of 19 MR RtSHEL okay So you've got a pretty 19 lmproveinents have been made 20 good stze of volume of area that you're drammg and then 20 And I know them may have been instances where 21 a pretty good size elevation change them which amounts to 21 that's taken awhdc and wc get pressured to ~xy to appro~ c 22 a pretty good velocity of water flow that's curmng through 22 something but certainly that's what we t~ -- we are 23 them I'm a ht~le ba surprised we're b~ng asked to 23 basically doing before we approve a final plat Is trying 24 approve something at this stage without having quite 24 to get those doom~ents in-hand At least get the 25 cons:deredalltherareffications Ooahead please 25 s~gnatareoftheownerthathe'sgemgtocommittothat PLANNING AND ZONING COMMISSION JUNE 28, 2000 Page 197 - Page 200 25 CondcnscltTM Page 201 Page 203 I easement, otherwise, wc have to go to Plan B 1 the park in Phase 6 which to me is at the very end of the 2 MR RISHEL Right Thank you sir 2 project, and as she said they haven't even made up thmr 3 MR ENGELBRECHT Any other questions for Mr 3 minds yet which ~s gmng to be 4 5 and 6 m what order 4 Hoelting7 Mr Hceltmg, one, you made comment of 4 I would like to offer a friendly amendment to the motion 5 something t want to ask about now You talked about the 5 that that park bo put in place -- yeah I guess maybe 6 water basically being channeled down those sm:~ts in that 6 during Phase 4 Yeah, during Phase 4 7 subdivision Are we going to have underground storm 7 MS HUDSON if I may interrupt at this pmnt 8 drain? 8 This is gmng to be a pubhc park meaning that the 9 MR HOELTINO Yeah ~t will be an underground 9 developer ~s not going to budd it and I don't tMnk that 10 system so at the point in which it exceeds th~ street 10 we can hold the developer to something that wdl be th~ 11 capacity, they'll have to put it underground 11 City of Demon's reqmrement to build 12 Ma ENOELBRECHT Right Okay All right 12 MS APPLE oh no one mentioned that during 13 Very good Thank you Any other questions? Appears not 13 all this course of thscusslon That would have been very 14 Any further questions for Ms Hudson or other staff 14 helpful 15 members? Appears not If not, arc there any comments or 15 MS HUDSON I m sorry Yes, it is a pubhc 16 a motion? Mr Rlshel 16 park Thls is a public park All of the other areas am 17 MR RISHEL I would like to make a motion 17 private 18 I move that we reconur~nd approval of Z 99 100 18 MS APPLE Thank you 19 MS MORENO 111 second 19 MR ENOELBRECHT okay Any other questmns 20 MR ENGELBRECHT It's been moved and seconded 20 for staff or thscusslon on the motion? There's no other 21 to reaommend approval Is ther~ discussion on the motion? 21 discussion? Vote, please Motion carries 4-1 Thank 22 Ms Apple 22 you, Ms Hudson 23 MS APPLE I Il be voting against tho motion 23 (COMMISSIONER APPLE VOTED tN OppOSITION) 24 because I wish ii,re was mo~e g~cen space in that phase up 24 ,~tn ................ :'!! .........~v .%-.J- I 25 there That concerns mo 25 l?..i.__'_.._;._'_2_~_.;'~ba! _o_..J ...... J_..._o._._l ,I' Page 202 Page 204 I MR ENOELBRECHT YOur having made that I ~ recommendation to City Council concerning a zoning 2 comment, I would ask Mr Retchhart a question or Ms 2 3 Hudson a question about park space and their requirements 3 4 tot providing park space 4 5 Ma P, EICrm.~.aT If 1 remember right, they 5 6 exceed what was identified in the concept plan 6 Road ; time 7 MR ENOELBRECHT [$ that because of what's in 7 I'll c provid~ 8 thc Arsylc City limit side? 8 9 MR ENOBLBRECHT NO It would just be what's 9 MS it we 10 included ~ 10 30 11 MS HUDSON That's what's within our City 11 acres h Branch 12 limits 12 and Umversity Drive for that s~te ~s 13 MR ENOELBRECHT okay Beeauseoftbe 13 Po sn and Agricultural 14 detention pond space being included? 14 They are 15 MS HUDSON Primarily because of the size of 15 proposing a service for the site 16 this park right he'rc Let mc grab the dctaded plan real 16 Thc Dentan Plan I r industrial use 17 quick As noted on the top of pag~ 2, they actually hst 17 That means the 18 out tl~h' activc and passivc park spaccs The activc park 18 Denton Plan 19 spaccs is listed out at 19 acres And if I remember 19 the area of thc site you 20 correctly, tho amount of park land that was requwed for 20 will bc g to 21 one this size is approxunately 8 acres So they are going 21 limit I : to 22 significantly above that 22 23 MS ENGELBRECHT All right Thank you Ms 23 24 Apple 24 25 MS APPLE since everyone keaps ref~rnng to 25 a maximum of 125,425 ,square feat for o PLANNING AND ZONING COMMISSION J-ONE 28, 2000 Page 201 - Page 204 26 ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99- 205 TO PROVIDE FOR A DETAILED PLAN FOR 378 1 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 174 (PD-174) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF JOHNSON LANE AND JOHN PAINE ROAD WEST OF FORT WORTH DRIVE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-100) WHEREAS, on June 15, 1999, by Ordinance 99-205, the C~ty Council approved a change in zonmg for 396 7 acres of land to Planned Development 174 (PD-174) Zomng District, and WHEREAS, on December 19, 1999, Carter & Burgess Englneenng, on behalf of Wyrme/Jackson Lakes Development, submitted a Detatled Plan for 378 1 acres of land located within PD-174 with the intent to develop single family residences on a variety of lot sizes and open spaces, and WHEREAS, on June 28, 2000, the Planmng and Zomng Conumsmon recommended approval ora Detmled Plan for such 378 1 acres, and WHEREAS, the City Council finds that the Detaxled Plan m consmtent wxth the approved Concept Plan for PD-174, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance No 99-205 providing for the approval of a Planned Development Zoning Dlsmct Classlficataon and Use Designation for the property described as PD-174 is amended by approving the Detmled Plan attached hereto and incorporated herein by reference as ExhtNt B for 378 i acres located within PD-174, more particularly described by the legal description attached hereto and incorporated herein by reference as ExNNt A, subject to the following condition The Traffic Impact Analysm and its accompanying improvement schedule w~ll be coordinated w~th the Engmeenng Traffic Department SECTION 2 That the prows~ons of this ordinance as they apply to the 378 1 acres shown in the detmled plan hereto approved, shall govern and control over any conflicting prommons of Ordinance No 99-205, but all the pmvlsmns of Ordinance No 99-205 as they apply to that remaining portmn of the dtstnct not herein amended, shall continue m force and effect and shall apply to the remmnder of smd dmtnct SECTION 3 That a copy of this ordinance shall be attached to Ordinance No 99-205 showxng the amendment herein approved 27. SECTION 4 That any person wolat]ng any provision of this ordinance shall, upon convlctmn, be fined a sum not exceeding $2,000 00 Each day that a provlslon of thru ordinance is violated shall constitute a separate and distinct offense SECTION 5 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of thzs ordinance to be pubhshed twice in the Denton Record Chromclc, officml newspaper of thc City of Denton, Texas, within ten (10) days of the date of Its passage PASSED AND APPROVED this the day of ., 2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 28 PAGE2 Exhibit A Legal 'Descnption Being a 396 884 acre tract of land situated ~n the Wflham Smith Survey, Abstract 1182 and 1187, the Mary Smith Survey, Abstract 1181, the Spencer Graham Survey, Abstract 468, the Jesse Gazaway Survey, Abstract 480 and 481, and the BBB & CRR Survey, Abstract 158, m the C~ty of Denton, Denton County, Texas and being part of Tract I conveyed by deed to V~olet Properties Associates, LP, recorded an the County Clerk's file No 95-019205, Real Property records, Denton County, Texas Said 396 884 acre tract, with beanng basis being the most easterly hne of smd Tract I, being more particularly described by metes and bonds as follows Beginmng at a V2" iron rod found at the ~ntersection of John Paine Road and Johnson Lane (variable width prescriptive right-of-ways), from which a 60d mall bears North 36 degrees 41 minutes 03 seconds West, a distance of 9 38 feet, said point being at a northwest comer of aforesaid Tract I and the southeasterly ell comer of a tract of land conveyed as Tract II by deed to Hlllwood/McCuteh~n, Ltd, recorded in Volume 2470, Page 678, Deed Records, Denton County, Texas, Thence North 89 degrees 44 minutes 44 seconds East, w~th the general d~rectlon of Johnson Lane, along the north line of said Tract I, the northernmost south line of said Hfllwood/MeCutchln, Ltd Tract II, and the south hne of a tract of land conveyed by deed to Albert R Hughes, recorded m Volume 3129, Page 752, Deed Records, Denton County, Texas, a distance of 3083 72 feet to a ½" ~ron rod found at the northeast comer of said Tract 1 and the northwest comer of a tract of land conveyed by deed to L Z Brown, recorded m Volume 290, Page 382 Deed Records, Denton County, Texas, Thence South 00 degrees 28 minutes 34 seconds West, along the east hne said Tract 1 and the west line of smd Brown Tract, a d~stanee of 2769 75 feet to a 5/8" iron rod found at the southwest comer of smd Brown Tract and the northeasterly ~ntenor ell comer of said Tract I, Thence South 88 degrees 19 minutes 00 seconds East, along the common line of said Tract I and the south line of said Brown Tract, a distance of 2347 45 feet to a ½" iron rod found for the northeast comer of smd Tract I and the southeast comer of smd Brown Tract, smd point lying on the west line of a tract of land conveyed by deed to Wllham T Smith and wife, Nona Smith, Recorded m Volume 284, Page 187, Deed Records, Denton County, Texas, Thence South 00 degrees 32 minutes 58 seconds West, along the common hne of sa~d Tract I and said Smith Tract, a distance of 148 29 feet to a 2" ~ron pipe found in the northwest right-of-way of line of aforesaid Texas and Pacific Railroad (a 100 foot right- of-way), 29. Thence South 27 degrees 34 minutes 34 seconds West, along saad northwest right-of- way, a (hstance of 1746 79 feet to the poant for a comer on the north boundary line of the City of Argyle as described m document recorded in Volume 734, Page 388, Real Property Records, Denton County, Texas, Thence North 89 degrees 48 minutes 34 seconds West over Violet Propertaes Associates, LP Tract and along smd north boundary hne of the City of Argyle, passing a north westerly comer of smd C~ty of Argyle at a distance of 4584 09 feet and continuing in all a total distance of 4609 09 feet to a point for a comer in the westerly lane of aforesaad John Paine Road, Thence North 00 degrees 08 minutes 54 seconds West, with the general direction of smd west line of said John Paine Road, a dastance of 865 79 feet to a poant for comer on the common north line of Hallwood/McCutchan, Ltd Tract II, Thence North 89 degrees 58 minutes 18 seconds east, along said common line, a dastance of 21 41 feet to a ½" iron rod found for a comer an said John Paane Road, Thence North 00 degrees 06 minutes 45 seconds West, w~th the general darectaon off John Paine Road, along the west hne of saad Tract I, and the east line of saad Hfllwood/McCutchln, Ltd Tract II, a dastance of 3640 35 feet to the Poant of Begannang and contaimng 396 884 acres of land, more or less, Save and except those portions specifically dehneated as not a part of thas Detailed Plan as shown on Exhibit B, thereby containing a total of approxamately 378 1 acres 3O 31 Agenda No AGENDA INFORMATION SHEET Agenda Item AGENDA DATE: September 5, 2000 DEPARTMENT. Planning Department CM/DCM/ACM: David Hill, 349-8314 SUBJECT - Z-00-012 (ThePreserveSect~onMDetadedPlan) Hold a public heanng and consider adoption of an ordinance approving a Detailed Plan for Section M of the Preserve at Pecan Creek The 14 76 acre property is located on the east side of Lakevmw Boulevard approximately 2500 feet northeast of the intersection of Lakewood Boulevard and Swisher Road It is in the Planned Development 132 (PD-132) zoning district A single-family subdivision of 62 homes is proposed The Planning and Zoning Commission recommends approval (6-0) BACKGROUND The applicant has requested approval of a Detailed Plan for this property The intent is to develop a slngle-famdy subdivision of 62 dwelling units Lots within this subdivision will be no less than 4,000 square feet in size Overall density is proposed to be 4 2 dwelling units per acre The subdivision as proposed is consistent with and is less intense than what is allowed by the approved Concept ?lan for this area The applicant has requested that the pubhc heanng for this zoning case be opened and continued to the September 26 meeting of City Council (see Attachment 4) ~ The subject property is located in the Planned Development 132 (PD-132) zoning district ~' Because the current Concept Plan for PD-132 was approved after April 8, 1998, this development is not subject to the regulations and procedures of the Interim Residential Development Regulations (Ordinance 2000-046) ~' The subject property is located wltlun a Neighborhood Centers are of Thc Denton Plan Staff finds the proposed development to be consistent with The Denton Plan as well as the approved Concept Plan for ?D-132 >' One (1) property owner was notified of thc zomng request (the applicant is the only property within city limits within 200' feet of the subject property) PRIOR ACTION/REVIEW The following is a chronology of Z-00-012, commonly known as The Preserve Section M Detailed Plan Apphcatlon Date - June 14, 2000 DRC Date(s) - June 22, 2000 1. P&Z Date - August 9, 2000 ESTIMATED PROJECT SCHEDUI.E Thru property is not platted and would need to be platted prior to any development FISCAL INFORMATION Development of fins property will mcrease the assessed value of the mty, county, and school d~stnct P&Z RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) of this zoning request OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone ¢ons~deratmn 5 Table item ATTACH_~MMMENTS 1 Planmng and Zoning Commission Report, August 9, 2000, Z-00-012 2 Planning and Zomng Commlssmn minutes from August 9, 2000 3 Draft Ordinance 4 Letter from Applicant dated August 30, 2000 Respectfully submitted D~rector of Planning and Development Prepared by c ay 2 ATTACHMENT 1 Agenda No PLANNING AND ZONING COMMISSION STAFF REPORT Sublect The Preserve Secbon M Detailed Plan Case Number Z-00-012 Staff Thomas B Gray, Planner I Agenda Date August 9, 2000 Hold a pubhc heanng and consider making a recommendation to the City Council concerning a Detailed Plan for Secbon M of the Preserve at Pecan Creek The property ~s located in the Planned Development 132 (PD-132) zomng dmtnct A s~ngle-famfly res~denbal subdivision ~s proposed LOCATION MAP Location' East side of Lakewew Boulevard approximately 2500 feet northeast of the ~ntersectlon of Lakewood Boulevard and Swisher Road Size 14 76 acres Z O0 Or? 3 Owner and Applicant' Mark Foothk The Preserve at Pecan Creek Partners, Ltd 4000 W~ndsor Dr~ve Flower Mound, Texas 75028 The developer ~s requesbng approval of a Detmled Plan for 14 76 acres of land located ~n the Planned Development 132 (PD-132) zomng d~str~ct The apphcant proposes to develop a smgle-fam~ly subdivision w~th lots no less than 4,000 square feet ~n s~ze (see Enclosure 1) The Concept Plan for PD-132 demgnates this area (known as "Section M") as a tangle-family subdlwmon of w~th lots no less than 4,000 square feet ~n raze (see Enclosure 2) The mammum number of lots prescribed by the Concept Plan ~s 114 and the mammum denmty allowed by the Concept Plan is 6 4 dwelling umts per acre The Detailed Plan as proposed ~s much less intense, propomng 62 dwelhng units at an overall denmty of 4 2 dwelling umts per acre The area for Section M as shown on the Detmled Plan d~ffers somewhat from the area for Secbon M as shown on the approved Concept Plan, specifically, the boundaries of Section M and Secbon K (the proposed amemt~es center) have been shifted However, because Section M as shown on the Detmled Plan is less ~ntense than what ~s allowed in the Concept Plan, staff does not feel that an amendment to the Concept Plan is necessary Because the Concept Plan for PD-132 was approved after April 8, 1998, th~s development ~s not subject to the regulabons and procedures of the interim development regulabons for res~denbal development (Ordinance 2000-046) The Denton Plan The 1999-2020 Denton Comprehenmve Plan places this property w~th~n a Neighborhood Centers area Neighborhood Centers are ~ntended to be ~nward-onented residential d~stncts which focus on the center of the neighborhood These developments should locate the center of the neighborhood w~th~n a 5- to 10-minute walking dmtance from the edge of the neighborhood The center should contain uses necessary to support the surrounding neighborhood such as service-oriented retail or small profesmonal offices Prows~on of open space, such as central neighborhood "greens" and floodplain preservation, is also encouraged ~n Neighborhood Centers Neighborhood Centers can also develop m conventional remdenbal patterns Staff finds th~s proposed rezomng to be conmstent with the Comprehenmve Plan Z O0 012 1 Transportation Transportation ~ssues such as tnp generabon and road capacities were addressed at the Concept Plan stage The development as presented on this Detailed Plan ~s expected to generate 592 tnps per day (62 umts x 9 55 vehicle tnps per umt) This development w~ll have access to Lakev~ew Boulevard, which is currently being constructed Lakev~ew Boulevard is ~dentlfied as a pnmary major artenal by the 1998 Denton Moblhty Plan Adequate capacity to service th~s development ~s anticipated As a condlbon of the Concept Plan, a hst of required transportation ~mprovements was agreed to by the developer (see Enclosure 3) The developer will be required to provide the transportabon improvements outhned ~n the hst as development of PD-132 conbnues S~dewalks along all public streets are required 2 Utilities The developer w~ll extend water and samtary sewer I~nes to service th~s s~te 3 Drainage and Topography New development will be requ~rad to design and construct a drainage system to c~ty standards A preliminary drainage study w~ll be raqmred w~th the submission of a preliminary plat The study must include calculations of the 100-year storm for all drainage areas on th~s property and any area that dre~ns towards th~s property The developer must ~nd~cate the method by which the run- off w~ll be carried across the property or stored on the property 4 S~gns As per the s~gn ordinance 5 Off-Street Parking New development must prowde parking according to the regulabons of Chapter 35 (35-301) of the Code of Ordinances 6 Landscaping This property w~ll have to comply w~th the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) Add~bonally, the developer ~s also prowd~ng street trees along both s~des of streets w~th~n the subd~ws~on 7 Open Space and Recreational Areas Th~s residential development will be reqmred to participate ~n the development of pubhc recreabonal areas Through the Park Ded~cabon Ordinance (98-039), th~s development contnbute to park land dedication and park development fees Dedication requirements are Z O0 012 required during the platting process Park development fees are required 3nor to the ~ssuance of building permits 8. Lighting No restncbons on residential development 9 Environmental Quality impacts None are anbc~pated November 17, 1998 - An amended Concept Plan for PD-132 was approved by Ordinance 98- 394 (see Enclosure 2) October 18, 1988 - City Council approved a Concept Plan for 414 9 acres, whmh ~ncluded the subject property, which identified this property as Planned Development 132 (PD-132) The subject property is not platted and would need to be platted prior to any development Nobce of the zomng request was pubhshed ~n the Denton Record-Chromcle on Saturday, July 29, 2000 The applicant is the only property owner w~th~n city hm~ts w~th~n 200' of th~s development and was mailed a legal nobce No residents are currently located w~th~n city limits within 500' of this development (see Enclosure 4) As ofth~s writing, there have been no responses No neighborhood meetings were held Staff recommends approval of Z-00-012 I move to recommend approval of Z-00-012 I Recommend approval as submitted 2 Recommend approvalw~th conditions Z O0 3 Recommend demal 4 Postpone consideration 5 Table ~tem 1 Detailed Plan (5 pages) 2 Approved Concept Plan (Ordinance 98-394) (6 pages) 3 Required Transportation Improvements for PD-132 (2 pages) 4 200'-500' NOtification Map Z O0 012 LAND USE SUMMARY TOTAL ACREAGE 14 76 Acres TOTAL RESIDENTIAL ACREAGE 14.76 Acres MIN. LOT AREA 4000 MIN. LOT DEPTH 70 ft. MIN. LOT WIDTH 45 ft MIN. LOT FRONT YARD 15 ft. MIN. SIDE YARD ZERO/5 ft MIN. REAR YARD I0 ft. MAX. HT. STORIES 2 MAX BUILDING COVERAGE657. LAND USE~Y UNITS TOTAL DENSITY/ PROPOSED EXISTING ACERAGE INTENSITY LAND USE LAND USE PLANNED RESIDENTIAL 62 14.76 Acres4.20 DU/ACDEVELOPMENT VACANT/AGRICULTURAL DETAILED PLAN OF SECTION M 9 ENCLOSURE 2 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT, AS THE 427 616 ACRES DESCRIBED IN EXHIBIT "A' APPLY TO THE 414 9 ACRES OF LAND DESCRIBED IN ORDINANCE 89-101 AND ORDINANCE 88-166, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIM]gM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 18, 1988, by Ordinance 88-166, the Caty Council approved a change zoning for 414 9 acres of land to Planned Development 132 (PD 132) Zoning Dastnet, as more pameularly described thereto, and WHEREAS, on August 15, 1989, by Ordinance 89-101, the C~ty Council approved an amendment to tho concept plan of Planned Development 132 (PD 132) zoning d~smet and a detmled plan for 217 3 acres of land, as more particularly described thereto, and WHEREAS, on March 11, 1998, Mathew Goodwan, on behalf of Marc Foothc, applied to amend the approved concept plan for Planned Development (132) zoning district and provide for a detailed plan for 138 992 acres thereto, and WHEREAS, on September 9, 1998, the Planmng and Zomng Comnuss~on unammously recommended approval of the rezomng of 15 088 acres from an Agricultural (A) zoning chstnet to Planned Development 132 (PD 132) and a concept plan for the expanded zoning district, and WHEREAS, on November 7, 1998, an the prewous pubhc heanng to th~s one, the Caty Council al~proved the rezomng of 15 088 acres from an Agricultural (A) zoning dastnct to Planned Development 132 (PD 132) zomng chs~ct, and WHEREAS, the City Council finds that the proposed concept plan will be m comphance wath the 1988 Denton Development Plan and the 1998 Denton Plan Poheaes, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance 88-166, provadmg approval for the rezonmg of 414 9 acres to Planned Development 132 (PD 132) zoning district and the original concept plan for smd dastnct, and Ordinance 89-101, provadmg approval for an amendment to a pomon of the original concept plan and for a detmled plan covenng 184 2 acres w~ttun PD 132 zoning dastnct, are amended by the approval of a new concept plan (The Preserve) attached hereto as Exbabat B and incorporated hereto by reference, and more partacularly descnbed m the legal desenptaon for 427 616 acres of real propen'y attached hereto and incorporated hereto by reference as Extubat A, subject to the following conchtlons 13 1 Prior to the issuance of any building penmts for lots on Tracts C, H, I $, K, L, M, O, and P, as identified on the concept plan, adequate transportation infrastructure in accordance with the approved Traffic Impact Analysis (TIA) shall be constructed 2 Ifa revision to the City of Denton's Long Range Thoroughfare Plan requires a change m the ahgnment of the apme road and the configuration of adjacent tracts, the m~xxmum number of umts/lots within each effected tract shall be allowed to increase or decrease accordingly, whale the cumulative total for all effected tracts shall be no greater than ongmally permitted by the concept plan SECTION II That the provisions of flus ordinance shall govern and control over any corffhctmg prowslons of Ordinance 88-166 and Ordinance 89-101 as they apply to the 427 616 acres of land descnbed m Exbabit A, but all prowslons of Ordinance 88-166 and Ordinance 89-101 as they apply to the remawang portion of PD 132 zomng dlsmct not herein amended, shall continue m full force and effect SECTION III That the City's official zoning map is amended to show the change m zomng district classification SECTION VI That any person vmlatmg any provision of tlus ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provmon oftlus ordinance is violated shall constitute a separate and distinct offense SECTION V That flus ordinance shall become effective fourteen (14) days from the date ofm passage, and the City Secretary is hereby directed to cause the caption of tbas ordinance to be pubhshed twice m the Denton Reeord-Chromcle, a daily newspaper published m the City of Denton, Texas, witlun ten (10) days of the date of its passage P^SSED , PROVED, sthe/ dayof 998 JA~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY ~ ~ ~2 14. APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY EXI'IIBIT B (PAOE 1 OF 2) I I CONCEPT PLAN THE PRESERVE DE~TON, Tfi×A8 17. EXIIIBIT B (PAOE 2 OF 2 ~.tqc~.oso~s 3 .-~-~O~V-E~/R ECO M MEN D E D I The Preserve ~? Required Transpo~abon Improvements 11/09/98 TRANSPO~TATIO~ I~PROVEMENT TRIGGERED BY 1 Signalization of Spine Road at 1-35 Frontage Road based Warrant Study on Warrant Study Approved by TxDOT shall begin with the Development of Tracts A, B, and G 2 Interim right turn lanes at Spine Road and 1-35 Sewme Development of Road (no~hbound and westbound) Tracts A, B, C, or G 3 Construct Spree Road from Shady Shores Road (Old US Development of 77) to no~hern bounda~ of Tract A as a ~o-lane 25-foot Tracts A or G back-to-back street section, 8-tach thick concrete or 10- inch asphalt 4 Reconstruct Spine Road from 1-35 Frontage Road to Development of Shady Shores Road as a 4-lane divided street, 8-inch thick Tract C, or concrete or 10-~nch asphalt Development of A, B, and G 5 Construct Spine Road from the no~hern bounda~ of Tract Development of A to the creek bisecting Tract G as a ~o-lane 25-foot Tract G back-to-back street, 8-tach thick concrete or 10-inch asphalt 6 Construct Spine Road from the creek blsecbng Tract G to Development of Edwards Road as a ~o-lane 25 foot back-to-back street, Tracts D, J, K, L, 8-tach think ~ncrete or 10-inch thick asphalt M, N, O, or P 7 Construct Spine Road from Edwards Road to the no~hern Development of bounda~ of The Prese~e as a ~o-lane 25 foot back-to- Tracts M, N, O, or back street, 8-tach think concrete or 10-tach thick asphalt P 8 Complete Spine Road as a 4-lane d~v~ded road (~o 25- Completion of foot back-to-back sections with a minimum 14-foot w~de Edwards Road median) from Shady Shores Road to Edwards Road, and Development 8-~nch concrete or 10-tach asphalt of Tracts H, I, and J g Disconnect Swisher Road to the no~h of Tract B Development of Tra~s A, B or G 10 Reconstruct Swisher Road from Shady Shores Road to Development of the no,hem bounda~ of Tract B as a ~o (2) lane rural Tract B road section, 6" thick Road width shall be 24' unless documentabon shows substantial d~smpt~on or potenbal destruction of ex~sbng tree cover is hkely to occur In this instance, an alternate road section to be no less than 20' wide shall be employed 19 11 'W~den and improve Shady Shores Road to prowde Development of separate left-turn lane at ma~n entrance to Tract C and Tract C intersecbon of Old US 77 at Shady Shores Road prowd~ng a 36 foot w~de, 6-~nch think rural secbon road w~th transitions 12 W~den and ~mprove Old US 77 for approximately 500 feet Development of in each d~rect~on from Spree Road 36 feet w~de, 6-tach Tract C asphalt or concrete to provide left turn lanes w~th transitions 13 R~ght turn lane (eastbound) on Spine Road at Old US 77 Development of Tract C 14 Construct Edwards Road between Swisher Road and Development of Spree Road as a 36-foot back-to-back street, 6~~nch thinkTracts D, L, M, N, asphalt or concrete, with no parking or d~rect driveway or O access 15 Remove Pockrus Page Road between Swisher Road and Earherof Spree Road Construcbon of Edwards Road or, Development of ' Tract D 16 Construct access to Tracts H and I from Spree Road as a Development of 26-foot back-to-back, 6-~nch thick Street, w~th no on-street Tracts H or I parking or d~rect access (concrete or asphalt) 17 S~gnallze the ~ntersecbon of Spree Road and Shady Warrant Study Shores Road (Old US 77) when warrants are met shall beg~n w~th Development of Tract C 18 Construct additional two-lane 25 foot back-to-back street, Development of 8-~nch thick concrete or 10-~nch thick asphalt from iastTrectamong Edwards Road to northern property hne boundary M,N, O, or P Notes A minimum of 80 feet of right of way will be dedicated for Spine Road with an additional 10-foot r~ght of way reserved on each side for future acquisition and w~denlng An additional 10 foot right of way (120 feet ulbmately) will be reserved for a d~stance of 250 feet each side of the following 3 InterseCt~ons to accommodate future turn lanes 1 Spine Road and Shady Shores Road 2 Spihe Road and the road to Tracts H and I 3 Spine Road and Edwards Road These Transportation Improvements are based on development of The Preserve which assumes a generally south-to-north phasing pattern Should the development pattern shift due to external influences, the hst of required Traffic Improvements shall be rewsed accordingly Definition of Tract Development - Platting of any port~on of the specified tract ENCLOSURE 4 ~ NORTH Z-00-012 (The Preserve Section M) 200'-500' NOTICE MAP Agenda Date. August 9, 2000 Scale None 21. ATTACHMENT 2 - o Page 91 1 all Is that for security purposes or ts that for I'm 1 along Pockrus Page Road And that ~s what has been 2 just looklng at tha fact if, for some reason, 20 years 2 d~scussed m Dec and I think Larry can confirm that that 3 from now that the pocket park is maybe not raamtained 3 wasn't earned through 4 that at least tt would havca little blt of - easter to 4 MR REICHHART I believe thc dctads from 5 connect to in tha Rails and Trails if, in fact the Ctty 5 that also 6 of Denton was doing that area and makang tt a httle b~t 6 MR FOOTLICS. Yeah I think so 7 more usable for ncighbarhoods 7 Ma MCNEn.t okay Questions about that 8 MR FOOTLICK We saw the, al as kmd of 8 Okay Mr R~shel you were about to proceed 9 different uses Th~s is pretty heavily wooded and really 9 Ma alSUEL Yes I'd hke to move ~o 10 some alevatmn issues to deal with We wanted tha pocket 10 recolmnend approval of Z-O0 011 wuh the correct~on~ 11 park m be more centrally located lo and be usable by all 11 noted by Mr Foothck regarding the brick columns on th,~ 12 of the homecwners wtthin that netghborhood And from a 12 PockEtS Page Road area 13 safety standpoint, we thought that you know, instead of a 13 MS APPLE t 11 second tile mot:on and offer 14 ehdd here having to coma all the way down here, if they 14 just a friendly amendment to add about the design 15 only had to go thare, it m~ght actoally be utilized more 15 standards cootmmng from that were discussed carlm 16 and be more comfortable as a central place of coiumunal 16 continuing from ona section to the other 17 activity than stuck at the corner of the property and 17 Mn mSUEL I think that would be 18 maybe less likely to be as readily used 18 appropriate 19 Because The Preserva is a large master plan 19 MS APPLE Thank you 20 conunumty, you know, we're talking 1,400 residences to be 20 MR MCNEILL we have a mot~on and a second to 21 built tim hkebhood of a fatlttm m the homeewners' 21 approve Case No Z 00 11 with the amenchnents as not,Al Is 22 assocmtlon In its ability to maintain its cOUlllloa ~ is 22 there any d~scussmn'~ Vote please Matron carries 23 less likely than it would be if you had a single 23 unammoosly 24 stand alone neighborhood hka this and all you had was 24 Item No 11 on the Agenda is to hold a 25 that So that's one benefit that we see ~n a master plan 25 pubhc hearing and cous~der maktng a reconunendatlon to Page 90 Page 92 1 conmmmty because it's well funded by having just a large 1 City Council regarding a detailed plan for Section M 2 mass of penple that are there within that homeowners' 2 Tile Preserve at Pecan Creek The 14 7 acre property 3 assoc~atioo 3 located on tile east s~de of Lakewew Boulevard 4 MR MCNEILL Other questions';' I have a 4 approximately 2 500 feet northeast of the intersection of 5 question for you Who will actually hold title to that 5 Lakewood Boulevard and Swisher Road and is in Planned 6 pocket park? 6 Development 132 (Pr) 132) zoning distract A stogie lamdy 7 MR FOOTLICK The homeowners' associat~oo 7 residential subd~ws~on ~s proposed Mr Gray wdl make 8 the HOA 8 the staff report on this 9 MR MCNEILL okay So as you form tha 9 MR GRAY Thank you and good evening Th~s 10 development then the homeowners will hava a legal tttle 10 ~s the detaded plan for The Preserve Section M ff 11 to that park 11 you 11 note in your backup And I 11 go ahead and put 12 MR FOOTLICK Absolutely 12 up here as well That file -- it's thls section is 13 MR MCNEILL 80 then tile Clty can ding on the 13 clearly demarcated ~n the concept plan that was appro'~ 14 homeowners' association if a's not maintained 14 for Tha Preserve Section M right here And this ~s 15 MR FOOTLICK Yes, sir 15 s~mply - of course, a Planned Development is a two 16 MU MCNEILL okay Thank you 16 zoning process and th~s is the second half of the zoning 17 Commissioners, other coouncnts, questions? Are you ready 17 process 18 for a motion? 18 In your backup you should have a plan of thc 19 Ma RISHEL t 11 make a molten 19 development Section M Ws actually, geometrically tt 20 MR FOOTLICK wait wait Thare was one 20 going to be a little bit different from what is proposed 21 clanficatton and we've discussed this with staff and I 21 in the concept plan but staff do~s not feel that to be a 22 think staff -- it just wasn't on No 6, landscaping in 22 problem sunply because tile same style of housing thc stone 23 your write-up it says tha applicant is proposing a brtak 23 lot sizes and everything are being proposed 24 privacy wall on Pock, ms Page Road And what tt was 24 It wdl be built north is actually facmg 25 supposed to mad is proposing brlck brick privacy columns 25 this way on this map Here's Lakev~ew Boulevard lk,r~, s PLANNING AND ZONING COME~SSION ""'""'ST 9, 2000 Page 89 - Page 92 22 Condons¢ItTM Page 93 Page 95 I Section M It ts built around a proposed amemty center I I want to call parhcular attention to the 2 that will come in under a separate detailed plan and, in 2 density m this product Now, here is and, agmn th~s 3 fact tho Planning and Zomg Conumssion should see that in 3 Is kind of ~n our master plan conmmnUy as we go through 4 about a month or so But other than that, the concept 4 and figure out what we're doing and what we're planmng 5 plan for Section M Is reflected here in the detailed plan 5 Here we're zoned for I behc~,e 114 dwelhng umts on the 6 There aren't any major changes other than the fact that 6 concept plan and we're actually conung through on a 7 it s less dense then what they could budd ~n the concept 7 detailed plan for 62 dwelling units So, you know wc rc 8 plan But, otherwise, everything else is the same as far 8 not always trying to max out all the density that we're. 9 as lot sizes are concerned And so staff reconmlends 9 allowed to do Th~s ~s all drl'~en by product type 10 approval 10 And I'd like to try to clarify one thing for 11 MR MCNEILL Colmmssioners, do ~,ou have an) 11 Ehzabeth I m not aware that there ~s anything m our 12 quesuons? Ms Oour&e 12 zomng that deals with design so when we talk about adding 13 MS GOURDIE Again, the detailed plan does 13 anything there's nothing that I m aware of m our zoning 14 not reflect tho facade usage of how this ~s gems to look" 14 in PD 132 that specifies what design criteria ts What 15 MR OI~.Y NO, It dee. s not 15 you've seen ~s what we do m design Is master plan 16 MR REICHHART That was covered m the 16 conunumty and what we ha',e clr~ven our builders to do to 17 original concept plan and that tames through on all the 17 step up the design is something that is driven by us 18 detailed plans associated with The Preserve 18 And so for our success m our commumoes we 19 MS OOURDIE aa shouldn't it be on tlus one.> 19 have to impress that upon our builders to make sure they 20 MR RE[CHHART It can be 20 step up the design And Larry, you might clarify that 21 MS OOURDIE I guess my whole question Is, 21 but I don't know If there's anything that really deals 22 and I've become very leery when I read these and what 22 with 23 we're told and what we sec on here ~s - I feel if u s 23 Ma RE[CHHART well besides the setbacks and 24 not on here - 24 those type of designs lot cox erase and I think also 25 MR REICHHART We can g~t It traflsfelllxl on 25 front porches that we are carrying through, those type of Page 94 Page 96 I there I design issues I don't think you have a percent buck or 2 MS GOURDIE Because I know this ~s the Bible 2 anything hke that or braiding - 3 right here and if the Bible isn't telling the right words 3 MR FOOTLICK And I think the porches was 4 we don't know And I'm just concerned by what I've been 4 something that came on later as an option that we had by 5 seems 5 requesting from you tile right to build porches wub thc 6 Also, the question about the fencing tlus one 6 end of the setbacks but It s not a design reqmrmnent 7 shows a picture of a whole brick It it going to be 7 under the zoning It's something we added that we wanted 8 completely buck wherever y'all put fencing m? I m just 8 to do and requested your penmsslon to do that and ~t was 9 curious on thu screcmng wall detatl for Section M 9 granw, xt 10 There's no confusion m that one, right? 10 MR REICHHART Those were the design features 11 MR FOOTL[CK That's correct 11 that we were gems to carry through 12 MS coOURDII~ okay Thank you 12 MS GOURDIE BUt the purpose of a Planned 13 MR RE[CHHART That's along Lakeview 13 Development is to make sure that all that is met according 14 Boulevard 14 to ff tile Conumssion asked that of ~t So U can be l 5 MR ORAy The fencing will, brick fencing 15 placed upon u It could ha,,e been placed upon u at the 16 will be along th~s section of the development 16 time 17 MR MCNEILL COUUlllSSIOnerS? Oka~ Is the 17 MR FOOTLILK I JUSt want to be clear that 18 petmoner or petition~r's representattv¢? Would ~,ou lflce 18 there ~sn't 19 to make a statement? 19 MS GOURD[E well your my whole thing was 20 MR FOOTLICK once again, my name ts Mark 20 is you're saying -- we're being told that it s going to 21 Foothck and I'm representing The Preserve at Pecan Creek 2i carry th~s design through and I just want to make sure 22 And, gosh, this is a pleasure to present this one to you 22 that if we're being told th~s Is gmng to be carried 23 And the reason for that is I know you're always skeptical 23 through I want to make sure it's noted that y'all are 24 of developers and designs and things being earned through 24 going to carry through certain features 25 and thts really is, this is kind of neat 25 MR FOOTLICK we have every intention to PLANNING AND ZONING COMMISSIOI~ ~*.'-"IST 9, 2000 Page 93 - Page 96 CondenscItTM Page 97 Page 99 i carry through the designs that we re building right now 1 And the only other thing I wanted to explaat 2 MS OOURDIE t m not questioning your 2 to you here as we go through figuring out what types el 3 integrity I'm just questioning as a Commissioner who's 3 products we're going to braid for what people, th~s is 4 seen things happen - and unfortunately, you get stuck tn 4 designed as a more of an empty-nester product So mid 5 the same fish bowl as everyone else and I'm not saying 5 we've been very successful with this at Brldlewood whuv~ 6 Ws you I'm just saying from a standpmnt of someone 6 we ye seen a lot of single people or young mimed wuhont 7 who has to avahiate things it's very difficult to not 7 kids and older people who are actually downsmng fronl 8 I have to just go off what I've got w~thout puttmg a face 8 houses want to move to a low landscape smaller lot not 9 to you 9 necessarily a smaller house but a house with style bul it l0 MR REICHHART The applicant also presented 10 actually has less mamteoance area that they have to won'3 11 budding elevations that they identified as what they were 11 about And it's been very very successful So the 12 going to be building carrying ffa'ough too which can be 12 master plan conunumty gives you the ahihty to offc~ those 13 MS OOURDIE BUt We should have had all that 13 types of range of products so you do get many types el 14 because we have new people on hate We don't really know 14 different people within the conmmmty You're not just 15 what's being talked of We're just Ws kind of -- 15 having one neighborhood, one type of person You knov, 16 MR REICHHART ',',ell xvecanget copies of 16 they're all young mimed w~th kids hetween 25 and 35 17 those and put the'in In the record 17 years old or something like that 18 MS OOURDIE tenderstand I'm just saying 18 MR MCNEILL okay Vecygend Other 19 that for the new people and for when they came through 19 questions for tile apphcant? Okay Any other coimm.nts or 20 almost two years ago ifs a different whole different 20 quesaens for staff? Staff do you have a final cenunent'~ 21 set of things that are happening I don t mean to 21 MR ORAY staff has no conuneet other than I 22 interrupt his ume but ~t's just not knowing what was 22 would point out that in going tlu'ough the file for i,D ~la 23 agreed upon I know that they came forward with a 23 I didn't fred anything codified m terms of the design el 24 variance and it's just a lot of different things have 24 the actual hmnes themselves Of course, that mfonnanon 25 happened since the two years that they've been here 25 ~s not required by ordinance on a detailed plan, although Page 98 Page 100 I MR MCNEILL SO your quesUon is the backup I the Planning and Zomng Conumssion and City Council does 2 material was incomplete in terms of what had happened 2 have the discretion to add conditions concermng coverage 3 before 3 of brick and other mfomlat~on of that type 4 MS GOURDIE I think so And it's not his 4 MR MCNEILL okay Colnn~lssloners other 5 I'm just saying that ! don t really know what they're 5 quesaens'~ Thank you Any other comments or a motion ' 6 talking about when they say we re carrying design eleanents 6 MR RISHEL A motion 7 forward Well, it could be design I mean, I know wbat 7 MR MCNEILt~ Mr Rlshel 8 they're sellmg because I recall the s~hale presentation 8 MR RtSHEL t move to recolmnend approval of 9 I'm .lust saying for the people that don t know what 9 Z-00 012 10 they're selling, it could be anything And I just think 10 Mi,. MCNEIl.t. Excuse me just a mlnuta I ne,.d 11 that that's important to know ',',hat l, ou're saying you're 11 to close the public hearing My m~stake At this tom. 12 going to carry through And that s all I'm questtomng 12 I'll close thc pubhc hearing I thought I did that but 13 and asking for is that if you're g~wng me a wording, I 13 maybe I didn't {30 ahead 14 would like the wording on the detailed plan so that it 14 Mit msHnL t d still like to recommend thc 15 can't be questiened 15 approval of Z-00 012 16 MR MCNEILL DO you have a comment? 16 MR MORENO I Il second 17 MS (}OURDIE And there s no need because, 17 MR MCNEILL A motion has been made and 18 like I say, what~ver Is going to happen is going to 18 seconded to approve Z 00 012 Any discuss~en'~ Vote 19 happen 19 please Motion names unammously Thank you 20 MR Feel'LICK I think we're already governed 20 Next ~n on our Agenda ~s I~n 13 which I 21 under this PD 132 as to what the design criteria is And 21 believe we have to open I think that's correct Yeah 22 flus project is going to meet what the design criteria -- 22 We have to open a -- no, I'm sorry Item 12 We need to 23 whatever that design criteria is m the zoning and on the 23 hold a public hearing and consider making a recormnendauon 24 concept plan, we're going to meet it I mean, there's no 24 to the City Council regarding the zomng plan for Centre 25 question about that 25 Place The request is to rezone approximately 31 acres PLANNING'AND ZONING COMMISSION AHC'.HRT 9, 2000 Page 97 - Page 100 24. S \Our Documents\Ordmances\00\Z 00 012 doc ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDiNG ORDiNANCE NO 98~ 394, TO PROVIDE FOR A DETAILED PLAN FOR 14 76 ACRES LOCATED WITHiN THE PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT AND LAND USE CLASSIFICATION, THE SUBJECT PROPERTY BEiNG GENERALLY LOCATED ON THE EAST SIDE OF LAKEVIEW BOULEVARD APPROXIMATELY 2500 FEET NORTHEAST OF THE INTERSECTION OF LAKEWOOD BOULEVARD AND SWISHER ROAD iN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVIDING A SAViNGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDiNG FOR AN EFFECTIVE DATE (Z-00-012) WHEREAS, on November 17, 1998, by Ordinance 98-394, the C~ty Council approved an amended Concept Plan for 427 616 acres located m the Planned Development (PD-132) Zonmg D~stnct, as more particularly described therein, and WHEREAS, on June 14, 2000, The Preserve at Pecan Creek Partners, Ltd submitted a Detailed Plan for 14 76 acres located w~thm the Planned Development 132 (PD-132) Zonmg D~stnct w~th the intent to develop a res~dentml subd~wsmn, and WHEREAS, on August 9, 2000, the Planmng and Zomng Commission recommended approval ora Detmled Plan for such 14 76 acres, and WHEREAS, the C~ty Council finds that the Detailed Plan as consistent w~th the approved amended Concept Plan for PD-132 and the 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance 98-394 prowdmg for the approval of an amendment to the Planned Development-I32 (PD-132) Zoning D~stnct Classification and Use Designation as hereby amended by approving the Detailed Plan attached hereto and ~ncorporated herem by reference as Exlubit B for 14 76 acres located w~than PD-132, more particularly described by the legal description attached hereto and incorporated here~n by reference as Exhibit A SECTION 2 The prowsaons ofth~s ordinance as they apply to the 14 76 acres shown m the detailed plan here~n approved, shall govern and control over any confl~ctmg prowslons of Ordinance No 98~394, but all the prows~ons of Ordinance No 98-394 as they apply to that remmmng port~on of the d~stnct not here~n amended, shall continue ~n force and effect and shall apply to the remainder of sa~d district SECTION 3 A copy of thru ordinance shall be attached to Ordinance No 98-394 showing the amendment here~n approved 25 SECTION 4 Any person violating any provision of this ordinance shall, upon conwct~on, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is wolated shall constitute a separate and distinct offense SECTION 5 This ordinance shall become effective fourteen (14) days from the date of its passage, and the C~ty Secretary is hereby directed to cause the caption of this ordinance to be pubhshed twice m the Denton Record Chronicle, official newspaper of the C~ty of Denton, Texas, w~tban ten (10) days of the date of its passage PASSED AND APPROVED th~s the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB~O~ATTORNEY BY ~//// ----~--~ 26, ATTACHMENT 4 August 30, 2000 Honorable Mayor Eulme Brock and Membcu s of City Council City of Denton 215 East McKm~ey Denton, TX 7/,201 RE The Preserve at Pecan Creek, Section M Dear Mayoi Bl~ock and City Council Member~ Concerning the above ret~r~nc,~l project, the pubhc hearing Is currently on the Ctty Council's agenda for Tuesday, September 5 The ploperty owllei wlll bc out of towll oil this date, th~lvfol~, we respectflllly request that the hearing be tabled and continued at ~he ncx~ C~ty Council me,mag on September 26 Mayor Brock, w · appreciate your and City Council' s tlme and constdera~lon in granting continuance for the pubhc heanng If you have any questions, please do not hesitate to call Goodwm & Marshall, Inc John W And~r~,n II, E I T JWA/.I¢ 6001, BRI~ ~l';tr~'r Surrs 100 / Fo;~r wo~rH. T~'XA8 76 ! 12 / · 17-42~.4373 04.,1 27. ' Agenda No (7 f~ -' r7 ~./- AGENDA INFORMATION SHEET Agenda Item -g* ¥[ ,- 0ate_ ~/- ~--- c~ - AGENDA DATE. September 5, 2000 DEPARTMENT. Planning Department l.~j CM/DCMIACM. Dave Hill, 349-831 SUBJECT - ZP-00-010 Umverslty Courtyard) Hold a pubhe heanng and cons]der adoption of an ordinance approving a Zoning Plan for Umvers]ty Courtyard The request is to rezone approximately 18 2 acres from Commercial (C) zomng district and Multiple Family Dwelhng District-1 (MF-1) zonmg district to Planned Development (PD) zomng district The property is located at the southwest comer of Bonnie Brae Street and West Hickory Street A multi family development is proposed The Planning and Zoning Commlssmn recommends approval (5-1) with condmons BACKGROUND The appheant has requested to rezone this property to Planned Development to develop 13 2 units per acre with the total number of dwelling units not exceeding 240 The applicant is proposing to have a 10 foot front yard setback instead of the typical 25 feet Additionally, the applicant is proposing to develop 800 off-street parking spaces where 885 off-street parking spaces are required ~ The subject property is located in the Commercial (C) and Multi Family Dwelhng District -1 (MF-1) zoning {hstncts created m 1969 with the City of Denton's first zoning ordinance ~' The proposed development is designated in The Denton Plan as a Downtown University Core District Staff finds the proposed zoning to be cons]stent with The Denton Plan, even though it is not a mixed-use proposal The design review of the development will be In the project plarffdetmled plan (Z-00-014) tentatively scheduled for Council Review on September 26, 2000 Council's review of the design criteria of The Denton Plan and the Interim Residential Regulations will be beneficml in the consideration of the project plan/detaded plan } Eighteen (18) property owners were notified of the zoning request Seven (7) responses have been received, five (5) are in favor, one (1) is opposed and one (1) is neutral of the request (see Attachment 1) PRIOR ACTION/REVIEW The following is a chronology of ZP-00-010, commonly known as University Courtyard Application Date - June 28, 2000 DRC Date(s) - July 6, 2000 P&Z Date - August 9, 2000 ESTIMATED PROJECT SCHEDULE The apphqant has submitted a general development plan and prehm~nary plat apphcatlons Ifthe zomng ~s approved the apphcant's plat cases wall be scheduled to go before the Planning and Zoning C~mmlsslon on September 13, 2000 FISCAL INFORMATION Development of tins property will increase the assessed value of the c~ty, county, and school district It will reqmre no short-term pubhc improvements that are the responsibility of the city As a form,of lnfill development, no extensmn of public infrastructure is necessary to serwce this site P&Z SUGGESTED RECOMMENDATION The Planmng and Zoning Comm~smon recommends approval (6-0) of th~s zomng request with the following condition 1 That hghtlng on the property should be designed and mmntalned so as not to shine on or otherwise d~stmb surrounding residential property or to shine and prject upward to prevent the d~ffus~on ~nto the night sky OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone consideration 5 Table ~tem ATTACHMENTS 1 Planning and Zoning Comm~ssmn Report, August 9, 2000, ZP-00-010 2 Planmng and Zoning Comm~ssmn minutes from August 9, 2000 3 Draft Ordinance ~, AICP Director of Planmng and Development ~]d by Mar, [~t~[fff I ]-/ Deve ~m~nt Rev~w M~ager I ATTACHMENT 1 , Agenda No Agenda Item ~ ~ ' PLANNING AND ZONING COMMISSION STAFF REPORT Sublect' Zomng Plan of Umvers~ty Courtyard Case Number, ZP-00-010 Staff' Marcy Ratchff, Development Review Manager Aqenda Date August 9, 2000 Hold a pubhc heanng and consider making a recommendabon to C~ty Councd regarding the Zomng Plan for Umvers~ty Courtyard The request is to rezone appmmmately 18 2 acres from Commercial (C) zomng dmtnct and Multiple Family Dwelling D~strlct -1 (MF-1) zomng d~stnct to Planned Development (PD) zomng d~stnct Mulbfamdy development ~s proposed I LOCATION MAP Location' Southwest corner of H~ckory Street and Bonnie Brae Street Size 18 2 acres C ~v~y Documents~PROJECTS~Zonings~000~ZP-00 010-40 Umverslty Courtyard doc 1. Apphcant' Ross Weilons Owner J Newton Rayzor Ambhng Development Company 1204 West Umvers~ty Drive k~405 348 Enterprise Dnve Denton, Texas 76201 Valdosta, Georgia 31601 Th~s development ~s subject to the requirement and procedures of the ~ntenm development regulabon for res~denbal development (Ordinance No 2000-046 and 2000-178) The developer ~s requesting the approval of the Zomng Plan to rezone 9 7 acres from Multiple Family Dwelhng D~stnct-1 (MF-1) and 8 5 acres from Commercial (C) zoning d~strlct for a total of 18 2 acres to Planned Development (PD) zomng d~stnct for multi family development The apphcant ~s proposing to develop 13 2 un~ts per acre, w~th the total number of dwelhng umts not exceeding 240 The surrounding zomng to the north and east of the property ~s Multiple Dwelhng District-1 (MF-I) and Commercial (C) to the south The Zomng Plan (See Enclosure 4) submitted notes that landscaping w~ll be used to prowde any needed screemng Approximately 2 5 acres (13 7% of the total lot) ~s being prowded as open space/recreabon area, including a swimming pool and court fac~hbes The apphcant ~S proposing to have a 10 foot front yard setback ~nstead of the typical 25 foot front yard setback, and a 40 foot side and rear yard setback All bu~ld~ngs shall be 3 stones The maximum building coverage proposed ~s 40% of the total lot The apphcant ~s proposing to develop 24 -one bedroom umts, 48-two bedroom umts and 96- four bedroom-two bath umts and 72-four bedroom-four bath un~ts The parking regulations would require 1 5 off-street parking space per one-bedroom umt and 1 off-street parking space per bedroom for each tow bedroom or larger unit (804) plus 10% for ws~tors for a total of 885 spaces The developer ~s proposing the m~n~mum off-street parking to be one space per bedroom (792 bedroom) plus 8 spaces for ws~tors for a total of 800 spaces All other apphcable regulations of the Mulbple Family Dwelhng D~stnct-1 shall apply (See Enclosure 4) The Denton, Plan - 1999-2020 Comprehensive Plan The Denton Plan places th~s property w~th~n the Downtown University Core D~stnct land use area The Downtown University Core D~stnct should be places of great vltahty, w~th a m~x of education, res~denbal, retail office, service, government, cultural, and entertainment development It ~s a place where residents can live, work, learn, and play in the same neighborhood H~gher-dens~ty, s~ngle and mulbfam~ly houmng ~s encouraged to locate along major arterial roads and near ~ntersect~ons of artenal and collector roads One of the residential goals ~s to increase the number of housing umts and achieve h~gher housing dens~bes ~n the Downtown Umversity Core and Mixed-Use Centers One of the res~denbal,dens~ty strategies ~s to allow h~gh-dens~ty urban-style housing ~n appropnate areas within the Downtown University Core and other act~wty areas Staff finds th~s proposed rezonmg to be consistent w~th The Denton Plan C ~My Documents\PROJECTS~Zonlngs~2000~P-00-010-40 University Courtyard doc I Transportation A Trip generabon A Traffic Impact Analys~s was submitted and has been approved by the C~ty Bonme Brae w~ll operate at acceptable levels w~th the mult~fam~ly development B Access Two access points al~gmng w;th Stella Street and Charlotte Street w~ll be allowed along Bonnie Brae Street C Road Capac;ty Bonme Brae ~s ~dent;fled as a secondary major arterial road by the 1998 Denton Mob~hty Plan Th;s road ~s designed to be a four (4) lane und~wded street w~thout parking, prowd~ng four (4) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day Bonnie Brae ~s currently constructed w~th four (4) lanes w;thout parking The most recent traffic count for Bonme Brae ~nd~cates that there is adequate capac;ty to handle the calculated trips that could be generated by the proposed development The traffic count at Bonnie Brae ~s 13,285 trips per day D Pedestrian L~nkages Sidewalks along all pubhc streets are required 2 Utilities Th~s site has access to ex,sting ubht;es 3 Drainage and Topography New development w~ll be raqu~red to design and construct a drainage system to c~ty standards A prehm~nary drainage study was submitted w~th a prehm~nary plat application The study includes calculations of the 100-year storm for all drainage areas on th~s property and any area that d rains towards th~s property The developer ~nd~cated the method by which the run-off w~ll be carned across the property or stored on the property 4. Signs As per the s~gn ordinance 5. Off-Street Parking The applicant ~s raquestmg the Planned Development District for mulbfam~ly development to propose one off-street parking space per bedroom plus 8 spaces for ws~tors (792 + 8 = 800 off- street parking spaces C \My Documents\PROJECTS~Zonings~2000~.P-00-010-40 University Courtyard doc 6 Landscaping Th~s property will have to comply w~th the Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 7. Open Space and Recreational Areas Th~s res~denbal development w~ll be required to participate ~n the development of pubhc recreational areas Through the Park Ded~cabon Ordinance (98-039), th~s development will contribute to park land dedication and park development fees Dedication requirements are required dunng the platting process Park development fees are required prior to the issuance of building permits 8 Lighting L~ghtlng on the property should be designed and maintained so as not to sh~ne on or otherwise d~sturb surrounding res~denbal property orto sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky The requirement can be written ~nto the ordinance as a cond~bon of approval 9 Environmental Quality impacts No s~gmficant ~mpacts are anbc~pated January 14, 1969 -The subject property was placed ~n the Mulbple Family Dwelhng D~stnct-1 (MF-1) and Commercial (C) zomng districts and land use classification by Ordinance 69-01 (see Enclosure 1) The subject property ~s not platted and would need to be platted prior to any development Nobce of the zomng request was pubhshed ~n the Denton Record-Chromcle on July 29, 2000 Eighteen (18) property owners w~th~n two hundred feet were mailed legal notices and fifty-six (56) residents w~thln five hundred feet were sent courtesy notices ~nformmg them of the request (see Enclosure 2) As of this writing, Staff has received three (3) responses ~n favor of the request and one (1) response ~n opposition of the request (see Enclosure 3) No neighborhood meeting was held C ~My Docurnents\PROJECTS~onings~2000~ZP-00 010-40 University Courtyard doc Staff recommends approval of ZP-00-010 w~th the following cond~bon 1 That L~ght~ng on the property should be designed and maintained so as not to shine on or otherwise d~stu rb surrounding restdenbal property or to sh~ne and project upward to prevent the d~ffus~on into the n~ght sky I move to recommend approval of ZP-00-010 w~th the following condition 1 That L~ghbng on the property should be designed and maintained so as not to sh~ne on or otherwise disturb surrounding residential property orto sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky 1 Recommend approval as submitted 2 Recommend approval with conditions 3 Recommend demal 4 Postpone cons~derabon 5 Table ~tem 1 Zomng Map 2 200'-500' N0t~ficat~on Map 3 Property Owner Responses (4) 4 Zoning Plan C \My Documents\PROJECTS~Zonlngs~2OOO~ZP-O0*010-40 University Courtyard doc Enclosure 1 , NORTH ZP-O0-010 & Z-00-014 University Courtyard LOCATION MAP Scale None Enclosure 2 , NORTH ZP-00-010 & Z-00-014 University Courtyard 200'-500' NOTICE MAP 200' Legal Notmes sent v~a Certified Ma~l 18 500' Courtesy Nobces sent wa 1st Class Ma~l 56 Number of responses to 200' Legal Not~ce · Opposed 1 ·In Favor 3._L ·Neutral Percent of land within 200' ~n oppos~bon 0 2% Scale. None 7. ENCLOSURE 3 NOTICE OF PUBLIC HEAR'rN ZP-00-010 & Z-00-014 The Planning and Zoning Commission of the City of Denton wdl hold a pubhc hearing on Wednesday, August 9, 2000, to consider recommending approval to C~ty Council the zomng plan and detad plan to rezone 18 2 acres from Multi Famdy Dwelhng Distnct-1 (MF-1) and Commercial (C) zomng dmtnct to Planned Development (PD) zomng d~strlct for development of apartments It ~s located at the southwest corner of Hickory Street and Bonnle Brae Street The pubhc hearing wdl start at 6 00 p m ~n the City Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thru two hundred (200) feet of the subject property, the Planning and Zoning Commission would hke to hear how you feel about th/s zoning change request and Invites you to attend the public heanng Please, ~n order for your opinion to be taken Into account, return this form w~th your comments prior to the date of the pubhc heanng (This m no way prohibits you from attending and participating in the pubbc heanng ) You may fax it to the number located at the bottom, ma~l ~t to the address below, or drop ~t o ~_iQ-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Marcy Ratcllff [ The zoning process includes two public hearings designed to qvk~e op~ortu61t]e[s[$6~' ~nvolvement and comment Prior to the pubhc heanngs, landowners wth~n two-hundred"(200)-fee'~ the subject property are notified of the zoning request by way of this notice The first pubhc heanng ~s held before the Planning and Zoning Comm~ssion The Commission ~s ~nformed of the pement of responses ~n support and In oppos~bon Second, the zomng pebtion Is forwarded to the C~ty Council for final acbon providing the Comm~ssion recommends approval Should the Commission recommend demal, the pet~boner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area w~thln two hundred (200) feet of the s~te submit written opposlbon, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request (/"~pposed to request__~ Comments S~gnature ~ ~'~ Printed Name ~J (~) 2"),,~- ~.. ~ ~--d 7'"-7'- Mall,ng Address /~'~ 7 ~ O ~/~ · C,ty, State Z,p D~ ~f ~ 7~ ~ / ~~ Telephone Number ~ ~?-~ ~/~ ~ Physi~l Address of Prope.y within 200 feet ~0'~ ~~ ~ CITY OF DENTON, TEXAS ClW HALL WEST ·DENTON, TE~S 76201~J403498 C ~y Do~menm~ROJE~S~onlngs~000~P-00-010 Unlverst~ C~ar~00' LePer doc 8. N:OT'rCEOF PUBLTC HEAR'I'NG, ZP-00-010 & Z-00-014 The Planning and Zomng Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, August 9, 2000, to consider recommending approval to CRy Council the zomng plan and detail plan to rezone 18 2 acres from Mulb Family Dwelling District-1 (MF-1) and Commercial (C) zoning d~stnct to Planned Development (PD) zoning d~strict for development of apartments It is located at the southwest corner of H~ckory Street and Bonnie Brae Street The public hearing will start at 6 00 p m in the CRy Councd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planmng and Zoning Oommlss/on would like to hear how you feel about this zoning change request and Invites you to attend the pub/Jo heanng Please, In order for your oplmon to be taken into account, return thru form with your comments pnor to the date of the public heanng (This in no way prohibits you from attending and part/c/pating m the pu~hc he?nng ) _You~ may fax it to the number located at the bottom, mail It to the address below, or drop, 3!ig-Pe~°~3; ~.. I',?'J-;. ,.q [~' Planning and Development Department , , ~ 221N Elm ST ,,I AUG 2 2000 l,-/J Denton, Texas 76201 ' I ~ Attn' Marcy Ratcllff l ..... j C1 , ',,T, The zomng process includes two public hearings designed ~rovlde opportunlties~ for_ itlzen involvement and comment Pnor to the pubhc heanngs, landowners within two hundred (200) feet of the subject property are nobfied of the zoning request by way of this notice The first public hearing ~s held before the Planning and Zoning Comm~smon The Commission is informed of the percent of responses in support and in opposltion Second, the zoning pebbon is forwarded to the City Councd for final acbon providing the Commission recommends approval Should the Commission recommend demal, the pebboner may then appeal the request to the City Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposibon, then mx out of seven votes of the City Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one avor requ Neutraltorequest Opposed to request Comments Rayzor Investments, Ltd., a Texas limzted partnership Signature /~/[ ~/~. ~/~'..-/~.:~d'~ .~///L r PnntedName, Phzllp iA. Baker~ Vice Pres3. dent of the Rayzo Company,G P MmhngAddress 1204 W.Universit¥ 1;)=., Su3. te 400 City, State Z~p Denton, Texas 76201-1794 Telephone Number (940) 387-8711 Physical Address of Property within 200 feet 1. Approximately 29 acres located at the southwest corner of the inter- section of Oak, Hickory St. and Bonnme Brae. 2Appro~imatel~ 2 acres north of Oak Street. ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 C ~My Documents~PROJECTS~Zonlngs~2000~ZP*00-010 University Courtyard',200' Letter doc 9. NOTICE OF PUBLIC HEARIN ZP-00-010 & Z-00-014 The Planning and Zoning Commission of the C~ty of Denton wdl hold a pubhc heanng on Wednesday, August 9, 2000, to consider recommending approval to C~ty Council the zoning plan and detail plan to rezone 18 2 acres from Multi Family Dwelling Dmtnct-1 (MF-1) and Commercial (C) zoning dlstnct to Planned Development (PD) zoning d~strlct for development of apartments It ~s located at the southwest corner of H~ckory Street and Bonnie Brae Street The pubhc heanng will start at 6 00 p m in the C~ty Councd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property w/thru two hundred (200) feet of the subject property, the Planning and Zoning Commission would hke to hear how you feel about this zoning change request and inwtes you to attend the public heanng Please, in order for your opinion to be taken Into account, return this form w~th your comments pnor to the date of the pubhc heanng (This ~n no way prohibits you from attending and partmpat~ng in the pubhc heanng ) You may fax it to the number located at the bottom, mall It to the address below, or drop ~t pff ip-per~on r~ n ~n ;:~ r ~ ~, P ann ng and Deve opment Department [~ ~ r ....... ~,~ ! i~ 22'1 N. Elm ST ~, ~ Denton, Texas 76201 [,l[, AUG 2 2000 Attn' Marcy Ratcll. [ [ _ ._ [ t lr The zon ng process includes two pubic hear ngs des gned to p_~.ovlde oppQrtun]ttes for_x::lt~en involvement and comment Pnor to the pubhc heanngs, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of th~s nobce The first public hearing ~s held before the Planning and Zoning Commismon The Commismon m informed of the percent of responses in support and in opposition Second, the zomng petlbon is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the per,boner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit written oppombon, then mx out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one. reque~ Neutral to request Opposed to request Comments Rayzor Oll,~& Gas, Ltd , a ~Texas limited partnershzp Signature ,/~%.~ PnntedName Phili~ A. Baker, Vice Preszdent of the Rayzor Company, G P Mad~ngAddress 1204 West University Drive, Suzte 400 C~ty. State Z~p Denton, Texas 76201-1794 Telephone Number (940) 387-8711 Phymcal Address of Property w~th~n 200 feet 2521 Stella Street I ClTY OF DENTON. TEXAS CITY HALL WEST · DENTON, TEXAS 76201 . 9403498350 · (F)9403497707 I I C ~vly Documents~ROJECTS~Zonlngs~2000~ZP-00-010 University Courtyard~00' Letter doc 10. Rug oa oo 11:15~ Wo?lclmtde Petroleum Co {~]SBJ~SB-B355 p 1 NO'I--J:CE OF PUBLIc HEAR]:N6 ZP-00-010 & Z-00-014 The Planning and Zoning Cornm~sston of the C~ty of Denton will hold a pubhc hearing on Wednesday, August g, 2000, {0 consider recommending approval to City Council the zoning plan and detad plan to rezone 15 2 acres from Multi Family Dwelling D~stnct-1 (MF-1) and Commercial (C) zoning district to Planned Development (PD) zoning district for development of apartments It is located at the southwest corner of Hickory Street and Bonnie Brae Street The public hearing will start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McKlnney Street, Denton, Texas Because you own property w~thin two hundred (200) feet of the subject property, the Planning and Zoning Commlss~on would hke to hear how you feel about th~s zoning change request and inwtes you to attend the public heanng P~ease, m order for your opinion to be taken into account, return this form w~th your comments pnor to the date of the pubhc heanng (Th~s in no way prohrbl~= you from attending and participabng m the pubic heanng ) You ma~y .fax~ It number located at tha bottom, mall it to the address below, or drop iI off !n-person '~ ~ / t;~ i~' ~'i ' Planning and Development Department J ~ - 221 N. Elm ST ~'~ 2 £~00 ' ' Denton, Texas 76201 Attn. Marcy Ratcllff The zon,ng process includes two public hearings designed to~ prowde opportunities .fo en involvement and comment Prior to the public heanngs, landowners w~thln two hundred (200) feet of the subject property are notified of the zoning request by way of this not~ce The first public hearing held before the PJanning and Zoning Commission The Commission is Informed of the percent of responses In support and in opposition Second, the zoning pebtlon Is forwarded to the City Council for final acbon providing the Commission recommends approval Should the Commission recommend denial, the pebtioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submd wntten opposition, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to caloulate the percentage of landowner opposition  Please circle one Neutral to request Opposed to request Ehgnature ~, Printed Name City, State Zip ..L,~ ~. o~[~ .c~ q ~-e ~ Telephone Number g~¢l . ti. ~o - ._q_ ~ Physlcal Address of Property ~nthln 200 feet Ig_~;"" .~v'~ _/'~.~,,.~,~ CITY OF DENTON, TEXAS ciTY HALLWEST · DENTON, TEXAS 76201 · 9403498350 · (F) 940 349 7707 C'~M¥ Docum~nts~,PROJECT~.o~lng~.000'~ZP-00.010 University Court~anfl200' Letter doc 11. NOTICE OF PUBLIC HEARIN ZP-00-010 & Z-00-014 The Plannlng~end Zoning Commission of the C~ty of Denton wdl hold a public hearing on Wednesday, August g, 2000, to consider recommending approval to C~ty Councd the zoning plan and detail plan to rezone 18 2 acres from Mulh Family Dwelling District-1 (MF-1) and Commercial (C) zoning d~stnct to Planned Development (PD) zoning district for development of apartments It Is located at the southwest corner of H~ckory Street and Bonnie Brae Street The pubhc heanng will start at 6 00 p m in the City Councd Chambers of C~ty Hall located at 215 E McKtnney Street, Denton, Texas Because you own property w/thin two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Inwtes you to attend the public heanng Please, ~n order for your opimon to be taken into account, return th~s form with your comments pnor to the date of the pubhc hearing (Th/s /n no way prohibits you from attending and part/c~pabng m the p~,bl/c.h?~anng .~-~ You ma~-fa._~Jt to the number located at the bottom, mall it to the address below, or drol~It~ff~-i~?~h ~ ~ 1 ~ ' ~ The zoning process ~i!ii~hiiltnilPleiiill liii!o~v~ii~~-~~~01~i!i~:,t~zen involvement and comment Prior to the pubhc heanngs, landowners w~th~n two hundred (200) feet of the subject property are notified of the zoning request by way of this nobce The first public heanng ~s held before the Planning and Zoning Commission The Commission ~s ~nformed of the percent of responses in support and In opposition Second, the zoning pehbon Is forwarded to the C~ty Councd for final action provld~ng the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~thln two hundred (200) feet of the s~te submit written opposlhon, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please clrcle one, In favor of request ~ to request~ Opposed to request Comments S~gnature ~ Pnnted Name ~/',,,,~/.~'Z-~ WOLF CREEK RANGH Mailing Address City, State Zip Valley View_. Texas 76272 Telephone Number ~'/ Physical Address of Property w~thin 200 feet ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 C ~,ly Docurnents~oROJECT$~Zonlngs~2000~.P-00-010 University CourWard~00 Letter doc NOTICE OF PUBLIC HEARIN6 ZP-00-010 & Z-00-014 The Planning and Zoning Commission of the City of Denton wtll hold a pubhc heanng on Wednesday, August 9, 2000, to consider recommending approval to City Council the zoning plan and detail plan to rezone 18 2 acres from Mult~ Family Dwelhng District-1 (MF-1) and Commercial (C) zoning d~stnct to Planned Development (PD) zoning d~strlct for development of apartments It Is located at the southwest corner of Hickory Street and Bonnie Brae Street The pubhc hearing will start at 6 00 p m in the C~ty Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton. Texas Because you own property w~thm two hundred (200) feet of the subject property, the Planning and Zoning Commission would I~ke to hear how you feel about th;s zoning change request and Inwtes you to attend the public heanng Please, ~n order for your opinion to be taken into account, return th~s form with your comments pnor to the date of the pubhc heanng (Th~s ~n no way prohibits you from attending and parbc~pat~ng in the I: ub#c ~ing_)._ You may fax t to the number located at the bottom, mail It to the address below, or drc ~rl~pf/~ -~r~r{ ......... Planning and Development Department i t~[} ?-~'"' 221 N. Elm ST Denton, Texas 76201 Attn Marcy Ratcllff The zomng process includes two public heanngs designed te-prowde-.eppo~tu~itie~ f~,r c~bzen involvement and comment Pr,or to the public heanngs, landowners w~th~n two hundred (200) 'eat of the subject property are not~fied of the zoning request by way of th~s not, ce The first pubhc hearing ~s held before the Planning and Zoning Commission The Commission is ~nformed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the C~ty Counc,I for final acbon provldmg the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit wntten opposition, then s~x out of seven votes of the C~ty Council are required to approve the zoning change These forms are used recalculate ~he percentage of landowner opposition /,/'~ ~ Please circle one {, In favor of request~ Neutral to request Opposed to request Comrri~: S~gnature ~~v' Printed ~-~ Name Mailing Address X'.~O. ~' '~-~"~ C~ty, State Z~p ,.~"-~7'~,./ ?'~/~'~ >" Telephone Number ,.~o2. ~.~--~ Physical Address of Property within 200 feet /,I~/ ~. /.~4/~/~' /~'4e.' ClTYOPDENTON~ TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 C ~ly Documents~PROJECTe~Zonlngs~2000~ZP-00-010 University Cour~yard~2.00' Letter doc 3.3 NOTICE OF PUBLIC HEARIN6 ZP-00-010 & Z-00-014 The Planning and Zoning Commission of the City of Denton wdl hold a pubhc hearing on Wednesday, August g, 2000, to consider recommending approval to C~ty Councd the zoning plan end detell plan to rezone 18 2 acres from Multi Famd¥ Dwelhng D~stdct-1 (MF-1) and Commercial (C) zoning dlstnct to Planned Development (PD) zoning d~strlct for development of apartments It ~s located at the southwest corner of H~ckory Street and Bonme Brse Street The pubhc heanng wdl start at 6 00 p m ~n the C~ty Councd Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Oommi$$~on would bke lo hear how you feel about th~s zoning change request and Inwte$ you to attend the public hearing Please, m order for your opinion to be taken into eccount, return this form w~th your comments pnor to the date of the pubhc hearing (Th~s in no way prohibits you from attending and parbc~patmg m the publm hearing ) You may fax it to the number located et the bottom, mall ~t to the address below, or drop ~t off in-person Planning and Development Department 221 N. Elm ST Denton, Texas 75201 Attn' Marcy Rstcliff The zoning process includes two public heanngs designed to provide opportunities for c~t~zen involvement and comment Pnor to the pubhc hearings, landowners w~thm two hundred (200) feet of the subJect property are not~fied of the zoning request by way of this nobce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission ~s reformed of the percent of responses In support and in opposition Second, the zoning petition Is forwarded to the City Councd for final ecbon providing the Commission recommends approval Should the Comm~ssion recommend den~al, the petiboner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent Of' the land area within two hundred (200) feet of the site submit written opposition, then s~x out of seven votes of the City Council ere required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one In favor of request Neutral to request Opposed to request lents nature Mailing Address City, State Z~p Telephone Number Physical Address of Property within 200 feet ~~~_,..~,~'¢',~ .,~~ CiTY OF DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 C ~vly Docurnents~PROJECT$~Zonlngs~2000~ZP-00 010 University Courtyan3~200' Leffer doc ,.,, !11 · l"illilil ' i'" !! !III! ....,halt,,,, I Ii Ill I, 1' '" ', ,, ,1,' ~ ' ,1' I'I "i': I}I Il :":" '":' ': 'Ii,il!':": intl!i ,,,,{,,,!ti: trl{ ,:i: l{illl¢:l:'?,,i::i"'"' :,.,':::: { !l.hl{l ,,,.,,lid l:!! :'::" !" , lllilti 1 ATTACHMENT 2 I ) rather than sevcxal feat behind the curb as we % I prehmmary plat of Lot 1, Block A oi ~ 2 ' have beaause of the sloping conditions 2 E Lee Elementary School Addltlon, being 3 very good 3 Block I of the Summerwmd Addmon Lot 4 4 the Robed E 5 5 I cormnent for 6 sidewalk that I'm not 6 AS Mr 7 qulto 7 before and with 8 school district 8 varmnce staff n 9 MR SALMON lO that 9 any questions 10 particular area is The l 0 staff? Since this is a ring the same i1 service m that area and there's a 11 conditions as prewousl> are still m effeat So 12 fire hydrant 12 is there anyone In the to spunk m 13 standard sidewalk n 13 favor of fins Anyone m 1 ~o~ 14 having to rebuild sexvlco drive as 14 Hearing none ~s ti who woukl 15 In between 15 hke to speak m 16 16 opposmon'~ none thc 17 17 rebutlal is ' We re read a mooon 18 would 18 RISHEL I d hke To mak, 19 19 MCNEILL GO ahead 20 ~ without havln 20 MR RISHEL [ mote to approve 21 If 21 of Lot I Block A of the Rohert E 22 , you know, we're equipped to do that 2322 ~lat of Lot 35 Black l 23 Ma RISHEL Easically, to review our as a and Lot I Block A of the Robert E Lee School 24 Conumssloo we had g~ven staff direction to work wgh the 24 MS APPLE Second 25 school district to try to como up with the best plan we 25 MR MCNEILL a s been mosed and seaonded Page 16 1 tbly can and we're In the pracess of u I Any thscusslon'~ Vote please Motion carries 2 y developed 2 mmnunously 3 SALMON well, exactly 3 The next Item on ottr Agenda is to hold a 4 plat next 4 public hearing concermng zoning We'll hold a pubhc 5 when we :hat 5 hearing and consider making a recommendation to thc Cay 6 6 Councd regarding the zoning plan for Umvers~ty 7 MR 'thank you 7 Courtyard The request n to rezone approximately 18 2 8 MR uesttons from 8 acres from Commercial (C) zoning district and Mulu bamd'y 9 the Conumssloo? 9 (MF O zomng thstnct to a ?lanned Development (Pr)) l0 MS APPLE Chairman 10 zoning district The propert) is located at the southwest 11 MR MCNEILL A.re' for a motion then? 11 corner of Bonme Brae and V, est Hickory A mult, famdy 12 MS APPLE 12 development is proposed Ca~ manager Is Marcy Ralchtt 13 recomInended by staff 114(17) of the Code of 13 Ma RATCLIFF Good evening Conumssloners 14 14 Thru evening we have before xou a request for a zoning 15 15 plan to consider rezomng 18 2 acres The apphcant ~s 16 second 16 requesting to rezone approxnnatel> 9 7 acres of 17 It's been 17 Multi Family and approxunately 8 5 of Commercml to PD 18 Are there. Il m 18 Planned Development for Mulu Famdy The applicant 19 favor, cast 19 proposing to develop 13 2 um~ per acre for a total of 20 was the motion for a 20 240 units The surrounding zoning to the north and to th~ 21 21 east of the property ~s Mulu-Famd> (M~ ~) and to the 22 MR POWELL BaSed OB Staff' 22 south and west is zoned Commercml 23 MS APPLE AS recommended by staff 23 The applicant in thctr zoning plan ~s 24 MR MCNEILL MO~,IOa CalTI~S unammously The 24 proposing to have a ton foot setback And let me pull om 25 ltean Is to continue the pubbc hearing and consider 25 the zoning plan for you The applicant Is proposing to PLANNING AND ZONING COMMISSION a~ ~O.~ST 9, 2000 Page 13 - Page 16 16 Condenselt TM Page 17 Page 19 I have a' ton-foot front yard setback along Bontua Brae and I xts GOURDIE And also.lust for clarff~cat~oo 2 to hav~ a 40-foot side yard and year yard setback All 2 being that we're on the new zoolng thing in a Planued 3 braidings are proposed to be three stones with a maximum 3 Des elopment ~s it flus step or the next step m which th~ 4 height of 45 feet The maximum building coverag~ proposed 4 detads are pounded out conceru~ng the facade th~ 5 on this development would be 40 percent of tho total lot 5 plammgs the detads that usually go into a Planned 6 area The applicant is proposing to develop 24 6 Des elopment~ 7 one bedroom units, 48 two-bedroom units, 96 four bedroom, 7 '.ts RATCL[FF That would be discussed m thc 8 two bath units, 72 four bedroom, four bath units Under 8 next case that ~s their detad/project plan 9 our current parking regulations 885 parking spaces would 9 its Oot~'nOIE Thank you 10 be Igql[lr~ l0 \IR MCNEILL other questmns for staff'~ 11 Wtth this Planned Development request they 11 Okax I 11 remind you that this ~s a pubhc hearing ,md 12 are requesting to have parking of one parking space per 12 we're under the same condmons as prewoosly stated Is 13 bedroom plus eight for waiters for a total of 800 parking 13 there an> body here who would like to speak, eaher thc 14 spaces to be the mmtmmn that they would be reqmred to 14 apphcant or an>ooe who w~shes to speak in favor of thy, 15 provide 15 apphcatlon9 Come forward Please state your name and 16 Tats property is located within the downtown 16 address for the record 17 umvers~ty core thstnct of the Denton Plan The proposed 17 \tRM ~RSHALL My name is Matt Marshall and I 18 rezonmg is in compliance with the Denton Plan A traffic 18 work for amlbhn8 Development Company I'd hke to thank 19 impact analysis was submitted with this request and was 19 you fa-st for allowing us to present our Planned 20 approv{xt by the City As a result of that analysis 20 De'~elopment tonight We appreciate your time aad 21 Bonnie,Brae will operate at acceptable levels with the 21 consideration m this manner We ye enjoyed working v,~th 22 multi-family development 22 the oac and v,e re looking forward to working with thc 23 We passed out just as we started thr~ 23 Planmng Cooutussmn and the City Council on thl~ 24 add~tlonai letters that were received after th~ packet 24 I m going to give you a brief history on who 25 went otlt to you so v~ have a total of seven let*ors We 25 we are and what we're trying to do I'm going to Page 18 Page 20 I received one letter m opposition f~ve letters m favor introduce my fellow team members hem and then I m going 2 and one letter nen~'al The one letter ~n opposition 2 to bring up our c~wl engineer to thscuss file zoning plan 3 represents 0 2 percent of the area wlthtu 200 feet of the 3 Ambhng is broken out into three separate compames 4 property As a result of this later, the three quarter 4 We re a development, construcuon and management comp my 5 vote rule by City Council ts not imposed 5 We spccmhze in student housing from coast to coast 6 Staff recommends approval of z~' 0o-01o 6 Wa'se bruit either built or are currently in the 7 University Courtyard, with the followtug condthon, that 7 development phase of approximately 17 developments either 8 the lighting on the property should be designed and 8 on campuses or off campuses throughout the country Ami 9 maintained so as not to shine on or otherwise disturb 9 wa'se been in student housing for approximately s~x et i0 surroundmgrestdentialprupertyortoshmeandpro, lect 10 seven)ear~ V, lthmetomghtIhaveRossWellens who~ 11 upward Ito prevoot diffusion into the night sky Mr Matt 11 our de',elopmetu project manager Brett Oanus who s oo~ 12 Marshall with Ambling Development Corporation is here th~s 12 director of landscape architecture Kevin King who s ou~ 13 evening,to address any quesUoos that you have relatme to 13 '~lce president of student housing development and Jef[ 14 this application 14 Miles who ~s the '~ce president of ,tones and Boyd ] 5 MR, MCNEILL Ctummss~oners, are there any 15 Incorporated v. hos are c~vxl eng~neec 16 quesuons for staff before we hear from the apphcantV 16 V, e pnmardy chose this site because of us 17 Ms Gourthe 17 locauon to the Unlversay of North Texas We feel thqt 18 MS ~OURDIE could you please tell me what 18 ~t doe~ fit in w~th file Denton Plau and the downtown 19 the parking spaces were that you said the City would 19 um'.,er.,lv., core district The surrounding zoning and th~. 20 require versus what they're offering? 20 present zomng d~ctates an acceptable area for this typ~. 21 MS RATCLIFF The current requirement in the 21 of deselopmetu 22 zoning ordinance is a total of 885 parlang spaces 22 ~ e has c been working very closely with UNT oo ~3 Ma OOURDIE And they're proposing 800? 23 this to possibly provide the students with add~tional 24 Ms RATCLIFF Yes, ma'am They're proposing 24 amemtles that L'X'T could provide in the future smee the 25 that would be the minimum that they would provide 25 proxemty to campus is so close So we're very excited PLANNING! AND ZONING COMMISIiIOlq AHGUST 9, 2000 Page 17 - Page 20 ~.7 CondenseltTM Page 21 Page 23 I about this Wu're looking forward to working with I well If you could do that for us please and let u,, knuw 2 everyone And at this time, I'd hke to bring up Jeff 2 that It is mdlvidually rented bedrooms with a mutual 3 Miles who's our civil engineer 3 dining area and each person pays for that room a,, ~t % 4 MR MILES Good evening I'm Jeff Miles with 4 really not an apartment, so to speak9 5 Jones and Boyd m Dallas Marcy described the project 5 MR MARSHALL 1 couldn't -- yes, you're 6 correctly and just to touch on a couple of points that she 6 absolutely correct We went per bedroom, not per untl 7 brought out, part of th~s site, the eastern half is 7 Thls started happening across the country probably seven 8 already zoned Multi Family I We're adding tn a 8 or eight years ago It was done as an amenity for thu 9 Conunerctal tract that's about nme acres to the west 9 parents, not only for the students because ti' you rent on t0 We're wrapping both tracts into a t,o Multi-Family I 10 a per unit basis and two of your roolmnates h. aw. m the 11 district Some of the site constraints as you can see on 11 lniddle of the year, those parents are still stuck w~th 12 there we have various utthty easements and also some 12 that extra rent So tn this method, if two or thru. 13 heavy drainage that comes across us on the west side 13 students or tf one student leaves, the other studcnt~ 14 With the following exceptions, we're really 14 aren't left holdmg their contract or holding their rent I 15 asking for straight Multi Famdy zomng And those 15 So It actually provides a benefit for the students and thc 16 exceptions, as she smd, were the front yard and side yard 16 parents 17 setbacks and rear yard setbacks The buildings wdl all 17 MS GOURDIE Thank you for defining that 18 be three story The max~mmn bmlthng covesage will be 40 18 MR MARSHALL Correct, it IS student hem, rog 19 percent and the mlnnnum off street parking, as she 19 MS GOURDIE Thank you 20 described, would be one parking space per bedroom plus an 20 MR MCNEILL other questions9 Other couunents 21 adtht~onal one percent for visaor parking W~th that, 21 from the petitioner9 Is there anyone else present who 22 we re happy to answer any questions you may have 22 would hke to speak in favor of this motion9 Anyone else 23 MR MCNEILL CornlBlSSlOners, any question? 23 who would like to speak in favor9 Is there anyone who 24 Conmnssloner Gourthe If you could come back, we have a 24 would like to speak in opposition to the motion > ¢ omc 25 question for you please 25 forward and state your nmne and address Page 22 Page 24 i MS OOURDIE I have that questaon, please I MR HESS My name IS Walter Hess I own a 2 MR MILES [ m sorry 2 set of apartments mm~e&ately north of this proposed sac 3 MS OOURDIE That's okay You say one 3 called the Country P~nes Apartments It has 62 umt~ 4 percent for vlsaor parking, is that the norm? 4 I'm not here necessarily m oppostuon I would hke some 5 MR MICas The norm actually for this type of 5 clanficahon I understand that this project has 6 development and Ross Wellens probably can speak better to 6 three story buildings 45 feet height I'm quite 7 it than I can because he's developed these typo of '7 concerned about the sun shadow effect I don't want to bt. 8 factht~es across the country the norm is a maxanmn 8 overwhelmed by shade in the wintertime on my apartment 9 normally of one space per bedroom Normally, they also 9 complex And I m curious to know how far back the 10 have a lot of developments that are actually less than 10 budding is from the northern boundary of the proposed 11 that A lot of the students bike They don't have cars 11 sac 12 A lot of the students are not there a lot of the time as 12 I'd hke to show here what I consider to be a 13 far as having a car there And so -- 13 potentaal problem In the wlnterhme on December 21 st at 14 MS OOURDm well I guess what I'm getting 14 the latitude at Denton about 32 degrees north, the sun 15 at is Denton is umque We all have cars and we all drive 15 angle for a three story budding, 45 feet height, 64 feet 16 to our jobs and so 16 horizontal thstance is required to preclude any shadowxng 17 MR MILES 1 understand that 17 My business happens to be solar energy and some day I m'~y 18 MS OOURDIE &nd I also had one other 18 want to put solar electrical power m my apartment 19 question that I was curmus about this property, when you 19 complex I don t want to be in that shadow So one el nB, 20 say student housing, are we talking about renting each 20 quesUons ~s are the proposed buddings at least 64 feet 21 room out as the other student housing developments? So 21 south of my boundary hne9 22 what we're really doing tlus is what we've been hearing 22 Another quesUon I have dces this project have 23 about? 23 any Denton tax benefits or federal subsidies or any other 24 MR MILES Yeah and let MaS answer that 24 financial benefits that would allow the proposed broiders 25 MS GOURDIE y all didn't define that very 25 to get a cost benefit that is more favorable to than a PLAN]qIHG AIqD ZONIIqG COMMISSION AIIfI, IIqiT 9, 2000 Page 21 - Page 24 18 CondcnscltTM Page 25 Page 27 I commekeial developer l~ke myself or other people9 So I Bonnie Brae and then I can make a httie blt better 2 those are the two questions I have 2 detenmnation of how I see where the braiding locations 3 MR MCNEILL Your tWO questions are what's 3 are tn relationship to where the street is But the front 4 the distance between the edge of then' braiding and your 4 setback is ten foot, ts that correct9 5 property line And then the second question has to do 5 MS RATCLIFF It will be measured from the 6 with the subsidies9 6 property line 7 MR HESS Right Subsidies, yes And I want 7 MR RISHEL Okay And the property hne -- 8 to be assured that my solar energy path ts not precluded 8 how much from the property line to the curb edge would 9 by the so-called sun shadow And I'll leave this here 9 there be on the Bonme Brae side? 10 with anybody that needs it 10 MS RATCLIFI~ l don't know the exact answer 11 MR MCNEILL okay If the applicant would 11 Typically, there's nme and a half feet behind the curb 12 hke to respond to that 12 MR RISHEL And that's for the budding lln,.,~ 13 MR MILES On the north side, and we'll get 13 MS RATCLIFF The building hne Is measured 14 Into the site plat at the next step so I don't really want 14 from the property line 15 to go through it, but on the north side we do have some 15 MR RISHEL Right 16 buildings that are approximately 70 feet away from the 16 MS RATCLIFF And then on the other side of 17 north property line We have a mmtmmn of five foot of 17 the preperty line you have the parkway for the public 18 buffer along the north property line that's a greenseape 18 right-of-way, the nine and a half feet 19 And then we have another 18-foot parking bay, 24 foot 19 MR RISHEL SO that gives you a total of how 20 drive aisle, then another 18-foot parkmg bay, and then 20 much? Nine and a half foot plus ten, right? So 19 5 21 the building IS approximately ten feet off of the last 21 foot9 Mr Salmon 22 parkmghay If you add those up, we're more than 64 I 22 MR SALMON Inthlsparttcularcese, tfwe're 23 beheve we're at 72 or somewhere in that area 23 talking about Bonnie Brae as It currently exists, it's 45 24 MR MCNEIEL Okay Very good And the 24 feet wide pavement and they're dedicating right of-way 25 second question, am you receiving any federal subsidies9 25 So for the tnne being, there will be 17 feet between the Page 26 Page 28 I Okay I curb and the new ngbt of-way hee 2 MR MARSHALL NO, wetre not receiving any 2 MR RISHEL okay And then there's ten toot 3 federal subsidies whatsoever It's just straight 3 after that? 4 finenclng 4 MR SALMON well right and then 1 guess 5 MR MCNEILL Okay Thank you Other 5 there's a ten-foot setback so that's measured from thc 6 questlons'~ Anyone else that would like to speak in 6 ex~stmg pavement Now, of course, ~f Bonnie Brae ~s ever 7 opposition to this petition9 Anyone else x~ho would hke 7 w~dened to be a d~vided boulevard or something then Gl 8 to speak tn opposition9 Anyone else? Heanng none, I'll 8 course that would be much less 9 close the public heanng and ask for staff's conunents 9 Ma RtSHEL That S my concern ~s how close 10 Sorry I thank the apphcent has a chance for rebuttal tf 10 the buildings am in proximity m where Bonnie Brae ~s now 11 he would hke to rebut that But I think he really did, 11 as opposed to what they have drawn on the plan which 1 12 didn't he? But If you'd like additional rune for 12 can't tell whether that's the new Bonme Brae or the old i3 rebuttal, It's eertamly available to you Okay Thank 13 Bonme Brae 14 you 14 MR SALMON The plan shows theex~stmg 15 MS RATCLIFF staff has no further comments 15 Boame Brae and ~t wdl have about 17 feet 16 MR MCNEILL Okay Thank you 16 MR RISHEL Thank you 17 Colmmsstoners, COlmllent, question9 17 MR RE[CHHART [ d JUSt hke to point out 18 MR RISHEL Question of staff One of the 18 that that was one of the things that staff had asked tbe 19 things that -- I really think that this is a great 19 apphcant to consider was moving the braidings closer to 20 opportumty to have a little blt higher density tn an area 20 Bonme Brae In conjunction with oar Comprehensive Plan 21 that Is adjacent to the college, wluch ts where I dunk 21 and walkable areas that's one of the things we're trying 22 student housing ought to be My concern is the street 22 to do to create the streetscape is move the braidings 23 along, the area along Bonnie Brae and the setback of 23 closer to the street 24 ten-foot measure from the proposed right-of-way 24 MS R~TCLIF~: tt would create a sat:et wall 25 dedication Review with me what the dedication IS on 25 for you to walk along and to look into along with the PLANNING AND ZONING COMMISSION AUGUST 9, 2000 Page 25 - Page 28 19. CondcnsoItTM Page 29 Page 3 I I street trees I say walk or take the bus, we know that rtght now tin,, 2 MR, RISHEL And would there be a fence 2 not something that people tend to think first oft It's a 3 between the buJldrngs themselves, I know it's not on our 3 secondary thought or further back 4 plan, btlt between the buddings themselves eventually and 4 And I do not want to see us making dec,stun, 5 the sidewalk area9 5 that are later on going to adversely affect thJs area, 6 MS RATCLIFF The apphcant would have to 6 especially since the trips on Bonnte Brae are already at 7 answer that question for you 7 13,000 and the street can only hold 14,000 So we're 8 MR MCNEILL I think, though, aren't those 8 already to the point where the street is going to b~. lull 9 considered m the next item where the actual details of 9 Once this goes in, the street Js going to be at capacity 10 where the buddings' layout ts9 l0 or pretty dam close And so the rest of the devclopmctu 11 MS RATCLIFF Yes, sir 11 that's gotng to happen around here is going to start put 12 MR MCNEILL I think that's correct, yeah 12 the street tn a faJlure mode And I'm Just conch.mod arc 13 MS RATCLIFF However, you are establishing 13 we areatmg something that in ftv¢ years we're going to 14 the front yard setback with this zoning plan 14 have to look at and go, cops I was on the Planning and 15 MR MCNEILL Right Mr Rlshel, additional 15 Zoning Corm,msston and I dtdn't think that one through 16 cotmments9 16 And I'm just wondering are we thinking th~s 17 MR RI'OriEL NO 17 one through without enough parking spaces for thc street 18 MR MCNEILL okay Ms Apple 18 capacity and for what we really -- how we, as Dcntomt~s, 19 M~ APPLE I just want to make sure that Mr 19 really hve and work and play Long speech there qorry 20 Hess' concerns were addressed and that he has gotten an20 about that 21 answer to his questions 21 MS RATCLIFF I think we're trying to think 22 MR HESS Yes, they were I was assured 22 it through Now, whether it's -- the crystal ball ~s not 23 there's over 70 feet betv. een the butldmg and the northern 23 always clear for the future but we felt by encouragmg 24 boundary so I'm happy wtth that sttuatton Thank you 24 this, and that's what the downtown untverstty core 25 MS APPLE Thank you, sir !25 dtstrtct -- it encourages us to do so that tf tt becomes Page 30 Page 32 I MR MCNEILL MS Oourdle I so constramed that tt will force p~ople to use other 2 MS GOURDI}~ MS Ratchff, I would JUSt hke 2 methods of transportation 3 to have some cluriflcatlon According to thetr plat plan3 MS uounom Thank you for answering that 4 right here, they've got 827 parking spaces that they have 4 Ma MC~qet[L Mr Momno 5 detailed on here And the City would request 885 How do 5 MU MO~SO Tlus may be off the wall a httk 6 we justify that? 6 ba but do we have any idea how many students at Mo~art 7 MS RATCLIFF The apphcant has to justify 7 Square or Santa Fe Square do not have automobdes* 8 that tu you 8 MS RATCLIFF NO sir 9 MS OOURDIE well I'mjust wondering how the 9 MR MORENO DO we have any idea how many 10 City says that they'd like to y all say we reconm~end 10 parking spaces each one of those developments have I 11 approval and I'm just curious of missing a hnle under 50 i I MS RATCLIFF NO, sir 12 parking spaces how that's justtfiabl~ as approval 12 MS OOU~.Dm Actually could we actually 13 MS RATCLIFF In the downtown umverstty core 13 compare it to the real student housing the Campus 14 thstrict of the Denton Plan it encourages to provide 14 AparUnents? 15 developments with no purlang to encourage pedeatrlanlsm15 MR MCNEILL Just a minute Mr Moreno ~s 16 and other forms of transportation One of the design 16 not through, I don't think 17 elements that they am prowdmg on this they are 17 MR MORENO Go ahead Ms Gourdle 18 providing a transit shelter at the comer of Hickory and18 MS OOUItDIa t m just saying Mozart Square 19 Bonme Brae That is on the bus route 19 was a specially produced donmtory and what wu re really 20 MS OOURDIE what I'm trying to get to is the 20 looking is comparing ~t to Jefferson Conxmons and Campus 21 reahty of the situation here Is ttus a realtty based 21 AparUnents Those are the real student housing ones that 22 approval? Is this what reahty is going -- are w~ going 22 we approved that just came on linc 23 to have a bunch of cars parked in everyone else's area 23 Ma REICHH.~RT If I remember right, Jm had 24 because we're 50 short? And we've always been short 24 one parking space per bedroom with a couple of ws~tor 25 parking hem in Denton And as much as we would love to 25 spots and that's very snmlar to what Campus Park Student PLANNING Alq'D ZONING COIVIlVIISSION ALIflIIST 9, 2000 Page 29 - Page 32 20 Condonselt r~ Page 33 Page '~5 I Housing had, one pex bedroom And I think they had near 1 MS APPLE well, you know I was thinking 2 their areemty centex like ton or 12 parking spaces for 2 about that as I was reading ~t 3 ws~tors 3 MR MCNEILL would you hke to modify your 4 MS OOURDIE And do we know what the reality 4 motion? 5 is for the car sltuatlon? 5 MS APPLE Yes L~t me back up to the 6 Ma. REICHH.tuRT NO, because I think they're 6 recommeudat~on 7 both opemng up nsht now for this semester so they really 7 MR RISHEL secUon A page 5 8 haven't been operating yet 8 MR MC~qEILL seetmn A page 5 9 MR MCNEILL Mr Moreno, Is that - okay I 9 MS APPLE okay Let me restate that mot:on 10 believe Ms Apple has a questmn next i0 MR MCNEILL Please go ahead 11 MS APPLE [ would just like to offer I work 11 MS APPLE staff recomanends approval of 12 at the University of North Texas and since th~s would be 12 zP oo olo with the following conthtmn one, that 13 geared towards students and since it is within walking 13 hghung on the property should be designed and maintained 14 proximity of the umvexslty which the other two student 14 so as not to shine on or otherwise thsturb surrounding 15 housing des elopments really are not, and I work w~th 15 resMential property or to shine and project upward to 16 students every day and I know that a largo predominance of 16 prevent the thftusion rote the mght sky 17 them don t dave And a new apartment complex this close 17 MR RISHEL Second 18 to campus ss ould be very popular And as Mr Moreno 18 MR MCNEILL A motion has been reade and 19 mentmned the Mozart Square and Santo Fe - 19 seconded Any d~scEssmn9 Any thscEss~on? Comments~ 20 MR. MO~.ENO They don't have any parking 20 Vote please Motton carries 5 1 21 spaces that I koow of 21 (COMMISSIONER OOURDIE VOTED IN OPPOSITION) 22 MS APPLE They really don't and it has not 22 MR MCNEILL [ve just beeu reminded by staff 23 been a problem I work a block trout one of those and two 23 that the last Item, m case anyone ~s here, let me jump 24 blocks from the other and it really has not been a 24 down and make a coira~eat on that No 12 has been 25 concern 25 requested to be continued to the next meeting, Septemb~ Page 34 ~ Page 36 I MR MCNEILL Additional conunents? 13~ So that Agenda ~tem is being requested to move to 2 MS RATCLIFF NO, sir 2 September the 13th 3 MR MCNEILL okay The applicant would hke 3 x Having said that, let me go back theu to t 4 to respond to that 4 bold a pubhc hearing and ~ s~der 5 MR MILES There have been several meetings 5 e Clt 6 with umsersl~y staff and they are tolhng us that they 6 detailed 7 park there on campus at about 80 to 85 percent of the A multi lanuly 8 rooms And that's what they're telling us The developer 8 development Is 9 has also seen that across the countxy where they're at a 9 MS we bare 10 max~mura of one parking spaea pex bedroom and not all of 10 a- the apphcant has ~ plan for the 11 thc parktag spaces are bcmg used So thcy're m that 11 Planned Development on ale same property at th~ 12 samc 85 to 90 percent 12 southwest ~ Thc dvta:l~ 13 MR MCNEILL Thank you Adthtlonal cotmnents 13 plan that's In your : shows the 14 or questions from the Commission? Do I hear a motion? i4 building! having a ton foot 15 Ms Apple 15 front yard setback 16 MS APPLE I move to recolmr~end approval of 16 buildings with acre Thc 17 Z 00-0014 x~ lth the following conditions ntunber one, tlmt 17 detailed plan ~' open space 18 hghtmg on the property should be designed and maintained 18 wluch in 19 so as not to slnne on or otherwise d~sturb surrounding 19 20 res~deat~al property or to shine and project upward to 20 21 prevent the diffusion rote the night sky and, two, that 21 22 approval ~s contingent upon approval of the zoning plan 22 ~s proposing to prowde a total of 805 93 zP oo ore 23 24 MS RATCLIFF EXCUSe me That Is rile 24 Again, th~s ~s tn the downtown umvexs~ty cor~ 25 recommeadatmn for the next case 25 dtstnct Staff has been working with the apphcant on PLANNING AND ZONING COMMISSION AIIC'-~:T 9, 2000 Page 33 - Page 36 23_ S \Our Documents\Ordmances\00XZP-00-010 doc ' ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDiNG FOR A ZONING CHANGE FROM COMMERCIAL (C) AND MULTIPLE FAMILY DWELLiNG DISTRICT - 1 (MF-1) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATINS TO PLANNED DEVELOPMENT WITH CONDITINS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 18 2 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF HICKORY AND BONNIE BRAE STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (ZP-00-010) WHEREAS, Ross Wellons of Ambhng Development Company, on behalf of J Newton Rayzor lmt, ated a change in zomng for 18 2 acres of land from Commerc,al (C) and Multiple Family Dwelling Dmtnct - 1 (MF-1) zomng dmtnct clasmficat~ons and use demgnat~ons to Planned Development (PD) w~th conditions zoning district clasmficat~on and use demgnatlon, and WHEREAS, on August 9, 2000, the Planning and Zomng Commlsmon concluded a public heanng as reqmred by law, after which a motion to recommend approval of the requested change ~n zoning passed, and WHEREAS, the City Council finds that the change in zoning ~s conmstent w,th the Comprehenmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Section 1 The zomng dmtnct classification and use des~gnatlon of the 18 2 acre property described m the legal description attached hereto and incorporated herein as Exhibit "A" ~s changed from Commercml (C) and Multiple Family Dwelhng D~stnct - 1 (MF-1) zomng district clasmfieatlons and use demgnaUons to Planned Development zoning district clasmficat~on and use demgnatlons under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following condmons 1 All current applicable regulations for development of th~s project under the City of Denton Multiple Family Dwelhng Dmtnct - 1 (MF-l) and Off-Street parking Regulations shall apply with the following exceptions 2 Front yard setback along pubhe streets shall be 10 feet measured form the proposed nght- of-way dedication 3 Side and rear yard setbacks shall be a m~mmum of 40 feet 4 All bmldlngs shall be three story Maxnnum height shall be 45 feet as defined in the C~ty of Denton Zoning Ordinance 22 S \Our Documents\Ordlnances\00~ZP 00-010 doc 5 Minimum off-street parking ratio shall be one space per bedroom plus 1% for visitor parking, 792 bedrooms * 1 space = 792 parkmg spaces + 8 spaces for vmtors = 800 total parking spaces minimum 6 L~ghtlng on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the mght sky 7 The zomng plan attached hereto and incorporated herein as Exhib,t "B" ~s hereby approved The subject property may only be developed in accordance w~th said zoning plan Section 2 The City's official zoning map is amended to show the change in zomng district classification Section 3 If any prows~on of tbas ordinance or the application thereof to any person or e~rcumstance is held invahd by any court, such invahdlty shall not affect the validity of other prows~ons or apphcatlons, and to this end the provisions of th~s ordinance are severable S~ctlon4 Any person wolat~ng any provision of th~s ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provmon of this ordlnanee is violated shall constitute a separate and d~stInct offense Section 5 That this ordinance shall become effective fourteen (14) days bom the date of its passage, and the C~ty Secretary is hereby directed to cause the caption of this ordinance to be published twice m the Denton Record-Chromcle, a daily newspaper published in the City of Denton, Texas, wltban ten (10) days of the date of its passage PASSED AND APPROVED th~s the __ day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HE RBERT L.~O.~T Y, CI TYfTO RNEY BY ~~/~~"'-- 23 Exhibit A LEGAL DESCRIPTION BEING a tract of land situated m the Eugene Puehalsk~ Survey, Abstract No 966, City of Denton, Denton County, Texas, being part of that called 29 172 acre tract described m Deed to Rayzor Investments, Limited as recorded m Volume 1796, Page 601, Denton County Deed Records and be,ng more particularly described as follows BEGINNING at a 1/2" inch ~ron rod found for the most easterly northeast comer of said 29 172 acre tract, said point being at the intersection of the south hne of Hickory Street with the west line of Bonnie Brae Street. THENCE South 01 degrees 48 minutes 45 seconds West. 867 71 feet to a 2-112" metal fence post found for comer m the north line of a called 7 06 acre tract of land described In Deed to the State of Texas as recorded m Volume 382. Page 598. Denton County Deed Records. THENCE North 87 degrees 36 minutes 30 seconds West. 471 53 feet along the north line of said 7 06 acre tract to a one-half inch ~ron set for corner, said point being the southeast corner of a called 5 000 acre tract described in Deed to Wolf Cub Properties. Lumted Partnership as recoided m Document No 97-0046080. Denton County Deed Record,.. THENCE North 02 degrees 19 minutes 35 seconds East. 258 96 leer along the east hne ot said 5 000 acre tract to a 1/2' iron rod set for corner. THENCE North 87 degrees 37 minutes 00 seconds West. 557 85 feet along the north line of said 5 000 acre tract to a 1/2" iron rod set for corner. THENCE North 01 degrees 48 minutes 45 seconds East. 656 68 feet to a 1/2" iron rod set for corner, said point being m the south hne of a called 3 640 acre tract described m Deed to Walter Hesse as recorded in Volume 3191. Page 980. Denton County Deed Records. THENCE South 87 degrees 35 minutes 10 seconds east. 921 32 feet along the south line of smd 3 640 acre tract to a point for corner, smd being m south line of Hickory Street. THENCE South 63 degrees 30 minutes 50 seconds East. 116 35 feet along the south line of H~ckory street to the Point of Beginning and containing 793.449 square feet or 18 215 acres of land C~VlyDoeumentsVgOiECTS~Zomngs~2000~ZP-00-O10Umvev - -4\Ordmancedoc ~J[][ 2 5 2,~0 Pagez~ of 5 24. ,:.,llill II:II ji '"" hlil ,,! Jllli I 1" .ti. ,[. J Il J!J '"" ' '"'"'"' !,J,! ~ ~.1,!~ [~ · ,.j~.~ I J,l. !-: ,I~. ~l, .,:..'Ji:,.i .J l:J; il!J : J t't i liJlJj! !t tlllil~lJlj!!ll !.,':'l !!~!!.: Illj lhtj, II!fl!Jllll lJ~lt AGENDA INFORMATION SHEET AGENDA DATE September 5, 2000 DEPARTMENT' F~scal and Mummpat Services ACM: Kathy DuBose, Assistant City Manager, F~scat and Mumclpal Serwces SUBJECT A resolutmn voting for a member to the Board of Managers of the Denco Area 9-1-1 D~stnct, and declanng an effective date BACKGROUND The Denco Area 9-1-1 D~stnct, created ~n 1987, is governed by a board of managers The board ~s appointed by the county, partm~pat~ng c~t~es and the Denton County F~re Chi&s Assoclat~on Board members serve staggered two-year terms and are ehg~ble for reappmntment The Emergency Telephone Number Act states "the board shall manage, control and administer the &strict The board may adopt rules for the operatton of the dlstrtct " The Board of Managers is comprised of the following individuals Board Member Represents Chief George R (Randy) Corbm, Chairman Denton County F~re Cheers Assoclatmn Dr Allen G-roll, Vine Chmrman Denton County Commissioners Court Mayor Olive Stephens, Secretary Pammpat~ng Crees Mr Harlan Jefferson Partm~pat~ng C~t~es Mr A1 Brown Denton County Commissioners Court Mr Melvin Wllhs GTE, Advisory Th~s year, the term of Harlan Jefferson expires on September 30, 2000 (see attached letter) The C~ty Council nominated Harlan Jefferson for reappo~ntment to the Board of Managers (see ~ttached letter) on June 20, 2000 ESTI~IATED SCHEDULE OF PROJECT The Denco Area 9-1-1 District requests each partm~pat~ng c~ty to vote for one of the nominees and advtse the thstnct of ~ts select~on prior to October 1, 2000 The nominee w~th the most votes w~ll be thc munm~paht~es' representative to the Denco Area 9-1-1 Board of Managers for the two-year term beglnmng October 1, 2000 Agenda Information Sheet September 5, 2000 Page 2 PRIOR ACTION/REVIEW (Councd, Boards, Commissions) On June 20, 2000 the C~ty Council approved a resolution to nominate, Harlan Jefferson (see attached resolution) as a member to the Board of Managers of the Denco Area 9-1-1 District for a two-year term to commence on October 1, 2000 FISCAL INFORMATION This resolution has no fiscal ~mpact Respectfully submitted Kathy DuBose Asststant City Manager, F~scal and Mumc~pal Servmes DENCO AREA 9-1-I DISTRICT ' PO Box 293058, lewisvllle, Texas 75029-3058 Phone/TT'Y 972-221-0911 · FAX 972-420-0709 · Webpage www denco org TO Mayors of Cities in Denton County FROM Mike Pedlgo, Executive Director ~ I DATE May12, 2000 FINANCE RE Appointment to the Denco Area 9-1-1 D~stnct Board of Managers Chapter 772, Texas Health and Safety Code, provides for the Denco Area 9-1-1 District Board of Managers to have "two members appointed jointly by all the partlclpabng mumclpalltles located m whole or part of the district" The enclosed resolution, approved by the district's board of managers February 4, 1999, explains the procedure for appointing mun~clpahbes' representative to the board of managers Each year the term of one of the two members appointed by partlc~pabng mumclpaht~es expires Th~s year, the term of Harlan Jefferson expires September 30, 2000 Members are ehg~ble for consecutive terms, and Mr Jefferson has expressed h~s desire to serve another term If appointed In order to coordinate the appointment among 33 parbc~pabng mumclpahtles, the d~stnct requests the following actions by the govermng bodies of each c~ty 1 If your city would hke to nominate a candidate to represent the mumc~pahtles on the Denco Board of Managers, please send a letter of nom~nabon and/or r~sume of the candidate to the Denco Area 9-1-1 District office by July 15, 2000 No nominations shall be considered after that bme 2 On July 16th, the d~stnct w~ll send cop~es of nom~nations to each c~ty for cons~derabon, requesting the clty to vote for one of the nominees 3 The Denco Board of Managers w~ll count the votes from responding c~tles The candidate with the most votes will be the mumc~pahties' representative tO the Denco Area 9-1-1 Distnct Board of Managers for the two-year term beginning October 1, 2000 Please ma~l nominations and r~sum~s to the Denco Area 9-1-1 District, P O Box 293058, Lew~sville, TX 75029-3058 If you have any questmns, please do not hesitate to call me at 972-221-0911 Thank you for your support of the Denco Area 9-1-1 D~stnct cc Denco Area 9-1-1 D~stnct Board of Managers 1075 Princeton Street, Lew~svitle, Texas 75067 DeNCO AREA 9-1-I DISTRICT PO BOx 293058, Lewlsvllle, Texas 75029-3058 Phone/TTY 972-221-0911 · FAX 972-420-0709 , Webpage wwwdenco org To Mayors of Cities m Denton County From, Mike Ped~go, Executive Dlrector//~ Date July 28, 2000 Re Appointment to the Denco Area 9-1-1 D~stnct Board of Managers On May 12, 2000, the Denco Area 9-1-1 D~stnct requested parbclpatmg c~t~es to nominate a representative to the d~strlct board of managers The following nominations were received by the July 15, 2000 deadline Nominee C~ty Making Nomination Harlan Jefferson The Colony Shady Shores Denton Justin Even though there ~s only one nominee, legislation requires municipal representatives to be appointed jointly by parbclpating jurisdictions The Denco Area 9-1-1 District requests each participating c~ty to officially vote for the nominee and advise the d~stnct of its select~on prior to 5 p m September 15, 2000 Please send a copy of the resolution or minutes recording council acbon Enclosed is a sample resolution you may w~sh to use Also enclosed ~s a copy of the resolution outhnlng board appointment procedures Please ma~l your response to Denco Area 9-1-1 D~stnct, P O Box 293058, Lew~$vlile, TX 75029-3058 or fax ~t to 972-420-0709 Thank you for your assistance m this matter Enclosures 1075 Princeton Street, Lew~svllle, Texas 75067 S \Our Docum~nts~solut~ons~O\911 nominate m~mb~r doc A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-I DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office of Harlan Jefferson, a ro~rnb~r of the Board of Managers of the Denco 9-1-1 Dmtnct, vail exp,re on September 30, 2000, and WHEREAS, Section 772 306(c)(2) of tho Health and Safety Code (V A C S ) provides that two voting members of the Board of Managers of an Emergency Commumcation Dmtnct shall be apporoted jorotly by pamctpatmg mummpalme$ located m whole or m part ro the Dmtnct, and WItEREAS, the City of Denton, Texas vashes to nominate a member to smd Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES SEC~ON 1 That the City of Denton, Texas hereby nominates Harlan Jefferson as a member to the Board of Managers of the Emergency Conunumcation Dmmct of Denton County for a two year term to commence October 1, 2000 SECTION 2. That flus resolution shall becoroe effective munedlately upon ~ts passage and approval PASSED AND APPROVED tins the_z-~/'i--day of ~./,~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTOKN~Y RESOLUTION NO A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office of Harlan Jefferson, a member of the Board of Managers of the Denco 9-1-1 District, will explre on September 30, 2000, and WHEREAS, Section 772 306 of the Health and Safety Code (V A C S ) prowdes that two voting members of the Board of Managers of an Emergency Commumcat~on Dmtnct shall be appointed jointly by partm~patmg mumc~pahtles located m whole or m part m the Dmtnct, and WHEREAS, the C~ty of Denton, Texas w~shes to vote for a member to smd Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES SECTION 1 That the City of Danton, Texas hereby votes for Harlan Jefferson as a member to the Board of Managers of the Emergency Commumcat~on Dmtnct of Denton County for a two year term to commence October 1, 2000 SECTION 2 That flus resoluUon shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED th~s the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ~,genda Item AGENDA INFORMATION SHEET Date AGENDA DATE: September 5, 2000 DEPARTMENT: Engineering &Transport. afl~ CMfDCM/ACM: Dave Hill, 349-8314 SUBJECT Cons]der adoption of an ordinance approving a real estate contract between the City of Denton and New Hope M~ss]onary Bept~st Church, relating to the purchase of approxnnately 0 038 acre of land and 0.0036 acre of land being located m the Nathan Wade Survey, Abstract no 1407 of Denton County, Texas for the U S Highway 77 Project, with t~tle vesting m the State of Texas, anthonzmg the expenditure of funds therefor, and providing an effective date BACKGROUND~ The Trustees for New Hope IVhsmonary Baptist Church have executed a real estate contract for the reqmred right-of-way for the U S I-hghway 77 Widening Project The contract amount of $1,068 00 represents the fmr market value as determined by an mdependent apprmscr and rewewed by a separate epprmser for conformity and as reqmred by the Texas Department of Trensportat~on (TxDOT) The Apprmser and Review Apprmser Professional Services Contracts were approved by the City Council m 1997 RECOMMENDATION: Staff recommends approval of the real estate contract between the City of Denton and New Hope IVhsslonary Bept~st Church for the purchase of 0 038 acre and 130 square feet of land for right of way for U S Hwy 77 Widening Project PRIOR ACTION/REVIEW (Council~ Boards, Commissions) The Planning & Zomng Cormmsslon recommended approval on July 23, 1997 FISCAL INFORMATION The purchase trace is $1,068 O0 ($20,000 O0 per acre or $0 46 per square foot for the right of way), plus,closmg costs of approyamately $750 O0 A~ch~ Respectfully submitted Prepared by Eflt~ieermg 8~ Transportation Paul W~lh~nson ltJght-of-Wa¥ Agent 2 NO SCALE SITE LOCATION MAP 3 16" E 34~.14.' IR 323'45~ 9 T.I. 239 B. ,JOINT VENTURE VOL. PG. PART 1 1655 S.F. OR 0.038 AC. i I Scale 1 "=40'I I srr~ MAP - PARCEL 9, PART 1 5 LI~GENO Note the following are eatlmatea by Fanning & Associates ~ Part 2 ROW Acqui~tion f~' Parcel 9 ~ Prescrtpflve ROW of Smith Tract (no~ part of Parcel 9) ~ ROW In Smit~ Traot (not part of Parcel g) ~ ~S~PT~E~ ~ - ~G~ OF WAY S~le 1' = 40 "' L~ I I PARCEL 9, PART 2 ~uly 2~, 1997 Ms. Sche~: Are there an~ o~"nomt-.~om? Iffl~m ~ ~, ~mi..H~ ~ ~os~. ~e ~ vo~ on ~ ~.~ ~ ~ ~ of ~ ~m~flo~ I ~ ~ ~ ~ ~ I m ~ ~ you ~ ~e 7~ ~ ~-~ ~ 7~ ~ ~ favor. ~ ~ favor of ~ ~b~ pl~e ~c 7~ d~t h~.~. ~o~ - 3) ~ ~ ~vor of ~ S~ pl~e ~e yo~ ~ht ~.-~. ~o~ - 4) ~ ~w ~.l, penon by ~ofiV ~ ~ S~. ~ y~. Por ~ s~o~ ~m~n~ we ~ be ~g ~n~ pe~om ~ floor ~ ~. Apple. I wo~d ~ ~ ~m~.~ Bob Power. MS Sche~: ~ ~e~ ~? ~=r nom;-~o~? Se=~; no~, nom;-;Vo~ ~ closed.' ~ m,,y u ~ ~ favor of Bob PoweU, pl~e ~c yo~ n~ h~,d ~o= - 4) ~ h a ~jon~, ~ ~w Vi~-~ pe~on ~ be Bob PoweH Con~uo~. Comider appmv~ of ~e mi~u~ of ~ l~y 9, 1997 mee~g Ms. Sche~: ~ ~e~ ~y co~ec~om? 3ecmg none, ~e m,~ul~ ~ ~d approved Comider m~ng ~omme~flOn tO ~ Ci~ CO~Cfl for ~e ~q~fion of ~e ~t~f- Way for U.S. 3~ ~m F.M. 21~ ~ I-3~. ~. Power. ~'~o~ 3~ bu~ ~ ~.~ ~ S~e~: You ~ co~t. ~t ~e mlm,~ ~flecl ~t ~. Power: I wo~d move ~ we ~ommc~ to ~e CI~ Co~fl ~ ac~ifion of ~mf-Way for US ~ ~m ~ 21~ w ~ Sche~. ~ ~ ~ dh~ion? ~ ~ favor, pl~e ~e yo~ fi~t b~n~ Motion p~s=. &~) Co~ider m,~ng ~Omm~On W ~ ~ Co~ for ~ ~lflon of ~ ~f- Way for ~ew Bo~. ~. Po~. I move ~ m,~ ~d,flon w ~ Ci~ C~mefl for ~ ~iflon ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND NEW HOPE MISSIONARY BAPTIST CHURCH RELATING TO THE PURCHASE OF APPROXIMATELY 0 038 ACRE OF LAND AND 0 0036 ACRE OF LAND, BOTH BEING LOCATED IN THE NATHAN WADE SURVEY, ABSTRACT NO 1407 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 C~ty Manager ~s hereby authorized to execute a Real Estate Contract between the City of Denton and New Hope M~sslonary Bapt, st Church in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of approxtrnately 0 038 acre of land and 0 0036 acre of land for the U S H~ghway 77 Project, with t~tle vesting m the State of Texas SECTION 2 The C~ty Manager is authorized to make the expenditures as set forth ~n the attached Real Estate Contract SECTION 3 This ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2000 ELrLINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CItY ATTORNEY REAL ESTATE CONTRACT STATE 0P TEXAS COUNTY OF DENTON THiS CONTRACT OF SALE is made by and between NEW HOPE MISSIONARY BAPTIST CHURCH (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton Cotmty, 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 end 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 person&l property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set £orth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by SeptAm~er 29, 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 $1,068.00. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payeble in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to cons,,-~ate the transa~tions 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. Preliminar~ Title Report. Within twenty (20) days after the date hereof, Seller, at Sellerls sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy comitment (the "Co~unitmsnt") accompanied by copies of all recorded documents relating to easements, rights-o£-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Co~aitment that the condition of title as set forth in the Co~nnitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes~ otherwise, this condition shell be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, end shall contain the surveyorts certification that there are no encroachments on the Property and shell set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the 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. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt o£ written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaserts failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. AEE008FE PAGE 2 10 3. Seller's Coa~lianoe. Seller shall have performed, served, and oo~plied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and oo~lied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are no parties in possession of any portion of the Property es lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the beet knowledge end belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, re~ulations, statutes, r~les end 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 emended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company on Or before Septa-~er 29, 2000, or at such title co~pany, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the nclosing dateu). AEE008FE PAGE 3 11 CLOSING REQUIREMENTS 1. Seller's Eec/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 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, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable~ 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of~ and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Coeapany, 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 Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purcheser~ 2. The exception as to restrictive cove- nants shell be endorsed "None of Record"~ AEE008FE PAGE 4 12 3. The exception for taxes shall be limited to the year of closing and shall be endorsed ~Not Yet Due and Payabls"~ and 4. The exception as to liens enc-m~ering the Property shall be endorsed "None of Record'". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Re~uirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in cons----mting the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser, except for Seller's attorney fees. REAL ESTATE COMMISSION 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 cons----rte 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. AEE008FE PAGE 5 13 MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the ex~ress written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal 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 construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior A~reements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall AEE008FE PAGE 6 be held and construed to include any other ~ender, and words in the singular n,,~er shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall proaIptly execute a memorandum of this Agreement suit&ble £or filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be £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 NEW HOPE MISSIONARY THE CITY OF DENTON, TEXAS BAPTIST CHURCH ~ BY: Michael W. Jez BY~ ~~_/r~,~ City Manager 215 E. McKinney ~~/~~ ~ ~/t~J ~ff~- Denton, Texas 76201 AEE008FE PAGE 7 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this __ day of , 2000 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to he the person and officer whose name is subscribed to the foregoing instrument end 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 of Denton and that he executed the same as the act of the said City £or purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON T~strument is acknowledged bef~ors me, on this /~ day .of ROGER N WtLKINSON ~ No~ryPu~IIc State of Texas ~. ~0~ ~[~C ~a a~d Eo= ~ ~MyCommlssionExplres ~-~'~ the Stets o~ Texas AEE008FE PAGE 8 16 EXHIBIT 'A' County Denton Page I of 1 Highway U.S. 77 Project Umlts From [.H. 35 Rev June 30, 1994 To U.S. CSJ 0195-02- Account FIELD NOTES FOR PARCEL 9 PART BEING A PARCEL OF LAND SITUATED IN A CALLED 239.388-ACRE PARCEL OF LAND CONVEYED TO TI 2396 JOINT VENTURE RECORDED IN VOLUME 2432, PAGE 21, DEED RECORDS DENTON C0UNTY, TEXAS IDRDCT), AND BEING SITUATED IN THE NATHAN WADE SURVEY, ABSTPu~CT NO 1407, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found 1/2-inch iron rod for a point on the south right of way line of Loop 288, same being e point on the north property hne of a 23 677.acre parcel (Tract 1 ) conveyed to H~llwood Land/Denton Ltd, recorded m Volume 2470, Page 690, DRDCT, THENCE N 35° 53' 59' E, along the south right of way of Loop 288, a die,anne of 90 23 feet to a let 5/8~inch iron rod w~th an aluminum cap. being a point on the new south nght of way line of U S 77, THENCE S 58° 11 ' 36' E, along the new south right of way line of U S 77, a distance of 323 45 feet to a set 5/8-1nch iron rod w~th an aluminum cap, being the POINT OF BEGINNING, also being a point on the south property line of said H;llwood Tract 1, end the north property hne of said TI tract, (I) THENCE N 01 o 08' 07' E. with the line common to said TI tract end Hillwood Tract 1, a distance of 23 65 feet to a found 1/2-inch ;ton rod for the northwest corner of aa~d TI tract, same being the northeast corner of aa~d HiIIwood Tract 1, and being In the existing south right of way line of U S 77; 12) THENCE S 58e 06' 09' E, along the north line of sa~d TI tract and the exlsUng south right of way hne of U 5. 77, a d~etance of 136 67 feet to set B/8-inch ~ron rod w;th an aluminum cap m the new south right of way line of U S 77, (3) THENCE N 69 o 48' 19' W, w~th the new south nght of way l~ne of U S 77, a d~etance of 100 00 feet to e set 5/8-inch iron rod with an aluminum cap, (4) THENCE N 58 o 11' 36' W, continuing w~th the new south right of way line of U S 77, a d;stanca of 26 55 feet to the POINT OF BEGINNING and conte~mng 0 038 acre or 1,655 square feet of land, more or less John F Wdder, R P L S Date Texas No 4285 EXHIBIT "A" County Denton Page I of 2 I-hghway U S 77 Rev March 31, 2000 ProJect Lirmts From I H 30 To US 380 CSJ 0195-02 Acct Legal Land Description for Parcel 9 Part 2 BEING 130 square feet of land, more or less, situated m the Nathan Wade Survey, Abstract Number 1407, Denton County, Texas and being part of a tract of land conveyed to T I 239 B Joint Venture by deed as recorded rn Volume 2432 Page 21, Deed Records, Denton County, Texas, said 130 square feet of land being more particularly described by the metes and bounds as follows COMMENCING at a fence corner post being In a south line of said of a tract of land described to John Lmn Srmth and wife, Dorothy Stmth, an undivided forty-four percent (44%), and to Dillon Francis Srmth and wife, Earls Joyce Srmth, an undivided fdty-slx percent (56%), by a Substitute Trustees Deed as recorded in Volume 3071 Page 89, Deed Records, Denton County, Texas and in the w~st prescriptive right of way line of Bonnie Brae Road, THENCE South 88 degrees 49 rmnutes 10 seconds East along a south line of said Srmth tract of land for a distance of 34 33 feet to an ell corner of said Srmth tract of land and in the west line of a tract of land conveyed to Electronic Data Systems Corporatton Ret~rernent Plan and Trust by deed as recorded m Volume 1681 Page 867, Deed Records, Denton County, Texas In Bonnie Brae Road, THENCE North 00 degrees 54 rmnutes 02 seconds East along the common line of said Stmth tract of land and said Electronic Data Systems tract of land and In Bonnie Brae Road for a distance of 1,902 57 feet to an Iron rod found at the northeast comer of said Srmth tract of land, THENCE North 88 degrees 36 ml¥1utes 24 seconds West along the northern llne of said Smith tract of land for a distance of 33 04 feet to a fence corner found at the southeast corner of said T ! tract of land and being the POINT OF BEGINNING, (1) THENCE North 88 degrees 36 nunutes 24 seconds West along the common property line of said T ! tract of land and said Srmth tract of land for a distance of 10 44 feet to an iron rod with aluminum cap set m the new western nght of way line of Bonnie Brae Road, (2) THENCE North 02 degrees 59 rmnutes 21 seconds West along the new western right of way line of Bonnie Brae Road for a distance of 24 95 feet to an iron rod with alumanum cap set In the eastern property llne of said T I tract of land, EXHIBIT "A" County Denton Page 2 of 2 I-I~ghway U S 77 Rev March 31, 2000 Project L~mlts From I H 30 To US 380 CSJ 0195-02 Acct Legal Land Descnpuon for Parcel 9 Pan 2 (3) TI--IENCE South 25 degrees 00 n'anutes 23 seconds East along the eastern property hne of smd T I tract of land for a d~stance of 27 77 feet to the POINT OF BEGINNING and containing 130 square feet of land, more or less All beanngs are on the Texas State Plane Coordinate System, North Central Zone, N A D 27 6. .w.~.. ST · I I~/'~n'o'":-.-.;%'~."/,..~ 19 Texae D,spanmea~ of Transpomtion EXItlBTT "5" P~ ~ o~3 Roy. 9/91 DEED THE STATE OF TEXAS } } COUNTY OF } KNOW ALL MEN BY TIq~.$E PRESENTS: of the County of , State of Texas, beremafter referred to as Grantors, whether one or more, for and m con~tderatton of the sum of Dollars ($ ) to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Co. munss~on, rece~p~ of wluch m, hereby acknowledged, and for whtch no tien ts ~tamed, e~ther exp~ssed or unphed, have th~s day Sold and by these ~presents do Grant, Bargah, Sell and Convey unto the State of Texas all that certain tract .or p,~ of land m ~ County, Texas, more pamcularly clascn~oed m Ex. iubit A, ' wluch ~s at~ached hereto and incorporated hereto for any and ail purposes SAVE and EXCEPT, HOWEVER, it ~ expm,ssly understood and. agreed that Grantors are retaining rifle to the following unprovements located on tim prope~ dascnbed m smd Exlubxt "A," to wit. Grantors covenant and aga~e to remove the abov~-descrRmd unprovements fi'om smd land by the day of ,19 , subject, however, to such extenstons ofume as may be granted by the State m writing, and tf, for any reason, Gramors fad or refuse to remove same wtdun said period of tune prescribed, then, without any fur&er conaiderauon, the role to all or any part of such unprovements not so removed shall pass to and vest in the State of Texas forever Grantors reserve aH of the oil, gas and sulphur m and under the land hereto conveyed but watvc all ngh~s of mgr~ss and egress to the surface thereof for tho purpose of exploring, developing, mmmg or d. lhng for same, however, notlung m gus mse~vation shall affect-the utle and rights of tim State to take and use aH other minerals and materials thereon, tbemm and thereunder 2o Te.v~s Depnmnent of Tran~omt~on Form D-l.q-14 Pa~2of3 R~v 9/91 TO HAVE AND TO HOLD ~he premises heroin described and hereto convcyed together with all and ~regUlar the.r~hts and .~. ~e.~. ces ~emm m any wise belonging unto the State of Texas and its assigns vet;, ana ~rantors aG hereby bind ourselves, our hen's, executors, admmLstrators, successors and regnS to W...arrant.and Forever Defend all and singular the satd prerrmes hereto co.nv, eyed unto the State of xas .ma its assigns against every person whomsoever lawfully claunmg or to claun the same or any part GL IN WITNESS WHEREOF, this instnunent is executed on th~ the day of ,19 ACKNOWLEDGMENT THE STATE OF TEXAS, | COUNTY oP ~ BEFORE .MP~ tl~ undemgned, a Nota~/PubUc, on this day pt~son.lly appea~d , known to me (or proved to me on the oath of , a credible wimess,) to be the person(s) whose name(s) fsi(ate) subscribed to the foregoing imuume~ and acknowledged to me that he/she/they executed the same for the lm~posas and consideration thereto expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,19 Norm7 Pubhc, State of Texas My Comm~ton eXlgn~ m ~m dayof ,19, CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF } BEFORE ME, the undemigned, a Notary Public, on ~/s day personally appeared I of , known to me to be th~ pe~on and officer whos~ name is subsedbsd to the foregoing msmunent and acknowledged to me tbst the same was the ac~ of tl~ said , a co~poration, that he/she wns duly auth .or,d to perform the same by approl~n~,~ l~olmi~n of the boani of df~cto~s of such co~poration and that be/she executed tl~ same as the act of such co,potion for the proposes and conmderacton thereto expnmed, and in the capeczty GIVE~ UNDER MY HAND AND SPaS. L OF OFF/CE, this day of ,19 Nota~ Public, -~mo of T~xas My Com'n!~on expt~s oa the , day of ,19 21 Texas Depmm~nt of Tnmspommon -~, ,,, D*IS.14 Pa~o3Of3 R~v 9/91 After recording please return th/s ~nstrument to: CERT~'ICATE OF RECORDING THE STATE OF TEXAS, } COUNTY OF 22 Agenda Item AGENDA INFORMATION SHEET [}ate AGENDA DATE: September 5, 2000 DEPARTMENT Engineering & Transp.orta~l~n CM/DCM/ACM: Dave [Idl? 349-8314 SUBJECT Consider adopt]on of an ordinance approving a real estate contract between the Clty of Denton and Barbara L Gafley, relating to the purchase of approximately 0 101 acre of land and being located m the N H Me]senhe]mer Survey, Abstract no 810 of Denton County, Texas for the U S Highway 77 Project, vath title vesting in the State of Texas, authorizing the expenditure of funds therefor, and providing an effective date BACKGROUND; Ms Galley has executed a real estate contract for the required right-of-way for the U S Highway 77 Widening Project The contract amount of $5,845 00 includes the fair market value as determined by an independent apprmser and reviewed by a separate apprmser for conformity and as required by the Texas Departmem of Transportation (TxDOT) The Appraiser and Review Appraiser Professional Services Contracts were approved by the City Council in 1997 The above contract amount also Includes $2,500 00 for the cost ora circular drive to mitigate the issue of access to and from the remainder parcel Ms Galley will have a circular drive constructed on her property for ingress and egress to her property after the highway is completed RECOMMENDATION: Staff recommends approval of the real estate contract between the City of Denton and Barbara L Gafley for the purchase of 0 101 acres of land for right of way for U S Hwy 77 Widemng Project PRIOR ACTION/REVIEW (Council, Boar~, The Planmng & Zomng Commission recommended approval on July 23, 1997 FISCAL INFORMATION The total purchase price of $5,845 00 breaks down as follows $3,345 00 ( $1 10 per square foot) for the right of way (row), $24 00 for the prescriptive row, $887 00 for the existing drive & fence and $2,500 00 for the cost to construct a circular dnve The closing costs will be approxamately $750 00 (title policy, escrow and fihng fees, etc ) MAP Attached 1 Respectfully submitted Jelj{y C)ark, Dlle~tor - En~n~enng & [l'ransportat~on P r,~e d by . Paul Wflhamson Right-of-Way Agent 2 LOCATION ~P I DENNIS MICHAEL BAKER & "'"' / ~ \ BECKY ANN DELA HOUSSAYE BAKER \ ' 2187 S.F. IN PRESCRIPTIVE ,/ ~, ~ RIGHT OF WAY ......... ..~.- . .. . ~...'.-.~. . '.. . ,. ~ '. ,.,. ,_ ~ ' ~ ~, . ~ ~..'~ ~ '.';..'..~..;...' · ........ ;...'.....fl..fi..' .. ......~. . ... .... .-- ....,..,,..',.., ,' .'~ ',~ ."..',.' .". ~ ',..'v' '~..'; ',.' ': '. ', ' . .': '. · ~ ~ ~ R Isition I ~uly 23, 1997 Ms. Scher=: Am ~ auy offer nom~,,.,%ns? Ifgzr= ~ ~, ~mi.~o~ ~ ~r I ~ ~ ~you ~ ~e yo= ~ ~.a ~y~ ~ ~ ~vor. ~ ~ favor of ~ ~elb~ pl~e ~e y~ ~h~ s~a, ~o~ - 3) ~ m~y ~ favor of~ S~ p~e ~e yo~ fl~ b~a. ~o~ - 4) ~ ~w ~.;r pc~on by ~jodv b ~ S~. ~ y~. For ~e s~o~ nom~n~ we ~ be ~g ~ir pe~om ~e floor ~ ~. Apple: I wo~d ~ ~o nomin~ Bob PoweU. ~. Moreno. I wo~d noml.~ y~ ~ge~, Ms. Sche~: ~ ~e~ ~y ~er nom~n~o~ See~g no~, nom{~o~ ~ closed ~ m~ny ~ ~ ~ favor of Bob PoweU, pl~c ~e yo~ n~r ~d. ~o~ - 4) Seeing · e~ ~ a mojofi~, ~ ~w Vice-C~v pe~on ~ be Bob PoweH Co~tder appmv~ of ~ mlnu~ of ~ l~y 9, 1997 Ms. Sche~- ~e ~e~ ~y co=cc~o~? SccMg non~, ~e m~-u~ wffi ~d approved Co~ider m~-g ~ommen~don ~o ~e CIV Co~cg for ~c ac~idon of ~c ~cmf- Way for U S. 377 ~m F.M. 21~ ~ ~ PowcU ~l'~nol 377 bur = ~.~,_ ~ Schc~ You ~ co~ ~ ~e mi~ ~flecl ~ ~. PowcU' I wo~d move ~ we ~ommeM W ~c CIV Co~c~ ~e aeration of ~f-Way for US ~ ~m ~ 21~ ~ 1-35, ~ Sche~ B ~ ~y d~ion? ~ ~ favor, plebe ~e yo~ fi~t h~a Mouon p~s~ ~) Co~ider ~ ~mm~ng~gOn ~ ~ ~ CO~ for ~ ~mon of ~ Way for ~w BogeyS. ~. Pow~. I move ~ we m.~ ~omm~g~on ~ ~ Cl~ C~'~O for ~ ~i~on of ~ ~f-Way f~ T~ 5 ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND BARBARA L GAILEY RELATING TO THE PURCHASE OF APPROXIMATELY 0101 ACRE OF LAND BEING LOCATED IN THE NH MEISENtIE1MER SURVEY, ABSTRACT NO 810 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHOPJZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The CRy Manager ts hereby authorized to execute a Real Estate Contract between the City of Denton and Barbara L Gatley xn substantxally the form of the Real Estate Contract wbaeh m attached to and made a part of tbas ordinance for all purposes, for the purchase of approxxmately 0 101 acre of land for the U S H~ghway 77 Project, wtth Utle vesting ,n the State of Texas SECTION 2 The Ctty Manager ts authorized to make the expendttures as set forth m the attached Real Estate Contract SECTION 3 Tbas ordinance shall become effecttve ,mmed~ately upon ~ts passage and approval PASSED AND APPROVED fins the day of ,2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FO~ REAL ESTATE CONTP. ACT STATE OP TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE iS made by and between BARBARA GAILEY (hereinafter referred to as 'Sellerm) and CITY OF DENTON, TEXAS, a 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 ,Aa 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-o~-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 Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by September 29, 2000 shall become property of the City of Denton, Texas. PURCHASE PRICE I Amount of Purchase Price. The purchase price for the Property shall be the stun of $3,345.00. Additional consideration of $2,500.00 shall be paid for the installation of a circular drive to be constructed at the Seller's discretion on the Seller's remaining tract. The total Purchase Price shall be $5,845.00. 2 Payment of ~rchae9 Price. The full amount of the Purchase Price shall be p&yable in cash at the closing. PURCHASERtS OBLIGATIONS The obligations of Purchaser hereunder to consuammte the transactions contemplated hereby are subject to the satisfaction of eachlo£ 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 Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost end expense, shall have c&used the Title Company (hereinafter defined) to issue a owners policy commitment (the wCommitment~) 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 Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purpoees~ otherwise, this condition shall be deemed to be acceptable end any objection thereto shall be deemed to have been waived for all purposes. 2. Su=vev. Purchaser may, at Purchaser's sole cost and expense, obtain a current suL-vey of the Property, prepared by a duly l~censed 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 n,,m~er of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the sur~ey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptl~ undertake to eliminate or modify the unacceptable portions of ~e survey to the reasonable AEE008FE PA~E 2 satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. 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, 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 date= 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. 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), aJ amended. AEE00 SFE PA~E 3 CLOSZNG The closing shall be held at the office of Dentax Title Company on or before September 29, 2000, or at such title company, time, date, and place es Seller and Purchaser may mutually agree upon (which date is herein referred to as the Nclosing dateN). CLOSING REQUIREMENTS 1. Seller's Reauirements. 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 in the form as attached hereto as Exhibit ~B" conveying good and marketable title to all of the Property, free and clear of any end &11 liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable~ 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obliaations here- of~ and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentax 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 ¢losinq Reauirements 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: A~.E008 FS PA~E 4 10 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same sh&11 be borne by Purchaser~ 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"~ 3. The exception for taxes shall be limited to the year of closing and shall be endorsed NNot Yet Due and Payable"~ and 4. The exception as to liens enc,,-~ering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. ~rohaaer~a ~eauirements. Purchaser shell pay the consideration as referenced in the mPurchase Price" section of this contract at Closing in dmmediately available funds. 3. Closina Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consl,---ating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser, except for Seller's attorney fees. REAL ESTATE COMMISSION 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 cons,~m~-ate the sale of the Property exoept Purchaser's default, Purchaser may either enforce specifi~ performance of this Agreement or terminate this Agreement by written notice delivered to seller. A~E008FE PA~E S 11 BRACH BT PURCHASER In the event Purchaser should fa~l to cons-,,~ate the purchese of the Property, the conditions to Purchaser's obligations set forth ~n PURCHASER'S OBLZGATIONS 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. MISCELLANEOUS 1. Assianment of Aareement. This Agreement may be assigned by Purchaser 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 required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to ADDlV. This Agreement shall be construed under end 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. p~rties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where 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, ~nd this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 12 7. Prior Aareements Superseded. This Agreement constitutes the sola 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. T~me of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular n,,-~er shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. ~. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it ehould be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. SELLER PURCHASER THE CITY OF DENTON, TEXAS City Manager 215 E. McKinney Denton, Texas 76201 AEE008FE PA~E 7 13 STATE O~ TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of , 2000 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton end that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this ~+~ day of ~_C~U%7', 2000 by BARBARA GAILEY. ~ Not~n~Publ~c, St~teo~Te~s ~ Nota~ P~lic in and for ~%.~%~MyC0mm~10.~p 012~ the State of Texas A~E008FE PA~E 8 14 EXHIBIT "A' County Denton Page 1 of 1 H~ghway I,I.S. ?? Project Um~ts. From 1.1-1.35 Rev October 27, 1 To CSJ 019s-o2 Account. FIELD NOTES FOR PARCEL 19 BEING A PARCEL OF LAND SITUATED IN A CALLED 0 336-ACRE TRACT CONVEYED TO DENNIS MICHAEL BAKER AND WIFE, BECKY ANN DE LA HOUSSAYE BAKER, RECORDED IN VOLUME 890, PAGE 526, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE N H. MEISENHEIMER SURVEY, ABSTRACT NO. 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS: FOLLOWS COMMENCING tfcr reference at a found 1/2-1rich Iron rod, same being e point on ',he east hne of said Baker tract and being the northwest corner of a tract of land conveyed to W.H Bottoms, recorded in Volume 409. Page 562, DRDCT, THENCE S 32 a 04' 09' W, along a hne common to said Baker a'act and ea~d Bottoms tract, a d~stance of 133 15 feet to a set 5/8-1rich Iron rod with an aluminum cap, being the POINT OF BEGINNING and also being a 0olnt on the new north right of way llne of U.S 77; (1) THENCE S 32° 04' 0g",w, along the smd common line, passing at 30 76 feet a found 1/2-inch iron rod, In all e distance of 60 76 feet to a point, being the southwest corner cf sazd Baker tram, and said point being on the existing north right of way hne of U S. 77~ (2) THENCE N 57° 59' 17' W, along a line common to said Baker a'act and the existing north nght Of way I~ne of UoS 77, a d~ataflce of 73.21 feet to a 1oo~nt, being the southwest corner of ss~d IBaker tract, and the southeast corner of a 0 520-acre tract of land conveyed to Reza Sabn, recorded in Volume 1700, Page 648, DRDCT, (3) THENCE N 33° 15' 50' E, along a hne common to amd Baker tract and sa~d Sebrl tract, passm~ at 30 01 feet a found 1/2-1rich iron rod, In all a distance of 60 52 feet to e set 5/8-1rich tron rod w~th an aluminum cai= also being a pom~ on the new north rtght of way hne of U S 77, 14} THENCE S 58° 11' 36' E, along the new north right of way hne of U S 77, a d~stance of 71 95 feet to the POINT OF BEGI~'~IING, and containing 0 101 acre, or 4,400 square fee~ of land, more Or less, of which 2,187 square feet are tn a prescriptive rtght of way of U S 77 EXHIBIT Te:us Dept.'~ment of Tflmspofla~ioa Form Puse I of* 3 Re'.' 9/91 DEED THE STATE OF TEXAS } COUNTYOF } KNOW ALL MEN BY THESE PRESENTS: That, of the County of , State of Texas, beremaf~er referred to as Grantors, whether one or more, for and m consideration of the sum of Dollars ($. ) to Grantors m hand paid by the State of Texas, acting by and throu.gh the Texas Transponauon Commission, receipt of which ~s hereby acknowledged, and for which no hen ~s retained, either expressed or implied, have fi-us day Sold and by these jpresents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land m County, Texas, more paruculaxly described m Ex- hibtt "A," which ~s atxached hereto and incorporated hereto for any and all purposes V' SA E and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining utle to the following improvements located on the property described in said Exhibit "A,' to Grantors covenant and agree to remove the above-desc'abed unpwvements from said land by the day of', ,19~, subject, however, to such extcnstons of tune as may be granted by the State m writing, and fi, for any reason, Grantors fad or refuse to remove same wtthm said period of tune prescnbed, then, wnhout any further cons~derauon, the tale to all or any pan of such improvements not so removed shall pass to and vest m the State of Texas forever Grantor~ reserve all of the oil, gas and sulphur in and under the land hereto conveyed but waive all rights of regress and egress to the surface thereof for the purpose of exploring, developing, mmmg or dr~lhng for same, however, nothing m th. ts reservation shall affect the title and rights of the State to take and use all other rrunerals and maienals thereon, therein and thereunder 16 Texas l:}ep~anei~t Porto TO ~ A~ TO HOLD ~ p~e~ h~m ~cfi~d ~d ~m conveyed toge~er wi~ ~ ~d sm~ louver, sl~ to W~t ~d Forever ~f~d ~ ~d s~,l.~ ~e s~d ~es h~em co~v~ye~ ~to ~c St~e of Tex~ ~d m ~st~ ag~t ev~ ~=on who~ ~y clog or to c~ me s~e or ~y p~ ~e~of ~ ~T~SS WHEREOF, ~s ~ent h ~e~ted on ~ ~c day of , ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BF~OI~ ~[B, tho unde~lgned, a Notar/Pubhc, on th,~ day ~on~y appe~cd , ~own to me (or proved to me on ~e o~ of . , a c~ble ~mess,) to be ~e ~rson(s) whose fl~e(s) h (~) ~ to ~e foregoing pu~es ~ ~mide~on ~ e~ G~EN~MY~ Notary Pubhc, State of Texas My Comnus=on CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, ., } CO~ OF B~O~ ~, ~e unde~t~ed, a Not~ Pubhc, on ~ day ~non~ly appe~ed Of , ~own tO me to ~ ~e ~on ~d officer who~ w= ~e act of ~e smd , a coworanon, ~at he/she w= d~y au~on~ to ~o~ ~e sine by ~p~pnate ~olunon of exe~ted ~ s~e ~ ~e aa or.ch co~o~uon for ~ pu~o~ ~d contrition ~m e~sse~ ~d m ~e ~pac~ ~e~m ~ated O~ ~ MY ~ ~ S~ OF 0~, ~s ~y of , 19 ~c, S~e ~ T~ My ~ exp/m oa the ,day of ,19~. 17 Toxa~ Dep~l:nent ~f'rrafl~o~t|ot~ Fom~ D-tS-t4 After recording please return this instrument to: CERTIFICATE OF RECORDING THE STATE OF TEXAS, } COUNTY OF } Aoen~al~e~ .. , - ~ate c//,~--/~{.,,/ . AGENDA INFORMATION SHEET AGENDA DATE: September 5, 2000 DEPARTMENT' Engineering & Transport~on CM/DCM/ACM: Dave Hill~ 349-8314 ~ ~/-gX SUBJECT Consider adoption of an ordinance approving a real estate contract between the City of Denton and KDRC II Limited Partnership, relating to the purchase of approximately 0 4221 acres of land located in thc T Toby Survey, Abstract No 1288, for use as a water storage tank expansmn site, authorizing the expenditure of funds therefore, and providing an effective date BACKGROUND The City of Denton Water Utility Department desires to acquire thc tract for thc installation of a booster pump station to additionally supply the 900 mean sca level elevation service area RECOMMENDATION Staff supports approval of the contract PRIOR ACTION/REVIEW (Council, Boards, Commissions} Pubhc Utd~t~es Board review on April 17,2000 City Council Closed Session on April 25, 2000 FISCAL INFORMATION $12,000 00 ($28,429 per acre, 65 cents per square foot) plus surveying and closing costs of approximately $3,000 Respectfully submitted Jefi'y 9ark, D~/ector Prepgx~d by Efltb~enng 8J Transportation Paul Wdliamson R~ght-of-Way Agent LOCATION MAP LOOP 888 ]~ITE RINEY ~INI)SDR UNIVERSITY Z ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND KDRC II LIMITED PARTNERSHIP, RELATING TO THE PURCHASE OF APPROXIMATELY 04221 ACRE OF LAND LOCATED IN THE T TOBY SURVEY, ABSTRACT NO 1288, FOR USE AS A WATER STORAGE TANK EXPANSION SITE, 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 City and KDRC II, in substantially the form of the Real Estate Contract which is attached hereto and made a part of this ordinance for all purposes, for the purchase of approximately 0 4221 acre of land for use as a water storage tank expansion site SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED fins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FO~R¥ HERBERTBy ~1~L~Kq~UTY ~ORNEY 4 REALESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between KDRC II Limited Partnership, bemg the same limited partnership as K D R C II, Ltd, a Texas limited partnership (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home role municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth hereto PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certmn tract, lot or parcel of land in the T Toby Survey, Abstract No 1288 of Denton County, Texas, consisting of 0 4221 acres of land as described in "Exhibit A", attached herewith, together w~th all rights and appurtenances pertmmng to the said property, including any right, title and interest of Seller in and to adjacent streets alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth PURCHASE PRICE 1 Amount of Purchase Price The purchase~nce for the Property shall be Twelve Thousand Dollars andNo Cents ($12,000) 2 Payment of Purchase Pnge The full amount of the Purchase Price shall be payable m 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 wmved ~n whole or in part by Purchaser at or prior to the closing 1 Preliminary Title Report Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall cause the Tale Company (hereinafter defined) to issue an owner's policy commitment (the "Commitment") accompamed by copies of all recorded documents relating to easements, rights-of- way, etc, affecting the Property Purchaser shall give Seller wntten notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory In the event Purchaser states the condition of title ts not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser Purchaser understands that Seller is under no obhgation to cure any title defects complamed of by Purchaser stated in Purchaser's written notme to Seller as provided In this paragraph In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event tins Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing 2 Survey Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly hcensed Texas land surveyor acceptable to Purchaser The survey shall be staked on the ground, and shall show the location of all improvements, Inghways, 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 cemficatlon that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds descnptaon thereof Purchaser will have ten (lO) days a~er receipt of the survey to review and approve the survey In the event the survey is unacceptable, then Purchaser shall w~tinn the ten (10) day period, give Seller written notme of tins fact Seller shall, at Seller's option, promptly undertake to ehmmate or modify the unacceptable portions of the survey to the reasonable satisfactions of Purchaser In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser, at its option may elect to terminate tins Agreement (in which event this Agreement shall be null and void), grant Seller addmonal time to cure, or proceed to closing 3 Seller's Compliance Seller shall have performed, observed, and comphed with all of the covenants, agreements, and cond~tions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of its current knowledge, as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date 1 There are no parties m possession of any pomon of the Property as lessees, tenants at sufferance, or trespassers Page 2 of 9 2 Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceechng or assessment contemplated by any governmental authority 3 Seller has complied w~th all applicable laws, ordinances, regulations, statutes, roles and resmcttons 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 Llabthty Act (CERCLA), as amended 5 Seller hereby grants the City of Denton and or its designee formal permission to enter Seller's property tn order to perform such field surveying activities to estabhsh boundaries and monuments necessary to consummate the above- mentioned real property purchase transaction CLOSING The closing shall be held at the office of American Title Company, 717 N Harwood, 2610 Maxus Energy Tower, Dallas, Texas 75201 (the "Title Company") "Attn Max~e Hardin", on or before September 30, 2000(wbach date is herein referred to as the "closing date") The closing date may be extended by mutual agreement of the parties CLOSING REQUIREMENTS 1 Seller's Requlrement,s At the closing Seller shall A Dehver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and marketable t~tle tn fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for the following 1 General real estate taxes for the year of closing and subsequent years not yet due and payable, and 2 Any exceptions approved by Purchaser pursuant to Purchaser's Obhgat~ons hereof, and 3 Any exceptions approved by Purchaser in writing Page 3 of 9 Deliver to Purchaser a Texas owner's Policy of Title Insurance at Seller's sole expense, issued by American Title Company (the "Title Company"), in Purchaser's favor in the full amount of the purchase price, lnsunng Purchaser's fee simple title to the Property subject only to those t~tle exceptions listed m Closing Reqmrements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard pnnted exceptions contmned 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 requared, the/fosts assocmted with same shall be borne by 2 The exception as to resmctive covenants shall be endorsed "None of Record", 3 The exception as to liens encumbering the Property shall be endorsed "None of Record" other than those set forth in "Purchaser's Obhg~tlons~ 4 The exception for taxes shall be limited to the year of closing and shall be endorsed "not yet due and payable" B Deliver to Purchaser possession of the Property on the day of closing 2 Purchaser's Reqmremants Purchaser shall pay the consideration as referenced in the "Purchase Price" seetmn of ttus contract at Closing m lmmedmtely available funds 3 Closino Costs Seller shall pay all taxes and special assessments assessed by any tax jurisdiction through the date of the Closing All other costs and expenses of closing in consummating the sale and purchase of the Property not specffieally allocated herein shall be paid by Purchaser, except for Seller's attorney fees REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, to the extent Seller has agreed to pay any such real estate commission in wntang, and Seller agrees to lndemlfy and hold Purchaser harmless from any and all clmms for any such commissions BREACH BY SELLER Page 4 of 9 In the event Seller shall fad to fully and t~mely perform any of ~ts obhgattons hereunder or shall fad to consummate the sale of the Property except Purchaser's default, Purchaser as tts sole and exclusive remedy may e~ther enforce specffic performance of th~s Agreement or terminate th~s Agreement by written not, ce delivered to Seller BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obhgat~ons set forth ~n PURCHASER'S OBLIGATIONS hawng been satisfied and Purchaser being m default, Seller as its sole and exclusive remedy may enforce specific performance of this Agreement, or terminate th~s Agreement by written notice delivered to Purchaser MISCELLANEOUS PROVISIONS 1 Assignment of Agreement This Agreement may not be assigned by Purchaser without the express written consent of Seller 2 Surmval of Covenants Any of the representations, warranties, covenants, and agreements of the pames, as well as any rights and benefits of the parties, pertasmng to a period of t~me following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged there~n 3 Notice Any notme reqmred or permitted to be delivered hereunder shall be deemed received when sent by Umted States mml, postage prepmd, certified marl, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the s~gnature of the party Seller's agent for purposes of notme shall be Crmg Ownby 4 Texas ,Law to Apply Tlus Agreement shall be construed under and m accordance w~th the laws of the State of Texas, and all obligations of the parties created hereunder are performable m Denton County, Texas 5 Parties Bound Tlus Agreement shall be binding upon and inure to the benefit of the part,es and their respective legal representatives, successors and assigns where permitted by flus Agreement 6 Legal Construction In case any one or more of the prows~ons contained ~n th~s Agreement shall for any reason be held to be ~nvahd, illegal, or unenforceable an any respect, smd mvahd~ty, illegality, or unenforceabthty shall not affect any other provision hereof, and th~s Agreement shall be construed as if the tnvahd, dlegal, or unenforceable prowsmn had never been contained hereto Page 5 of 9 7 Prior Agreements Superseded This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter 8 Time of Essence Time is of the essence in this Agreement 9 Gender Words of any gender used in th~s Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires other~nse 10 Compliance In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furmshed wath or obtmn a policy of title insurance or Purchaser should have the abstract covenng the Property examined by an attorney of Purchaser's own selection 11, Time Limit In the event a fully executed copy of this Agreement has not been returned to Purchaser wathin ten (10) days after Purchaser executes this Agreement and delivers same to Seller, Purchaser shall have the right to terrmnate this Agreement upon written notme to Seller Page 6 of 9 PURCHASER THE CITY OF DENTON, TEXAS BY Michael W Jez C~ty Manager 215 E MclCdnney Demon, Texas 76201 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM SELLER KDRC II L~m~ted Partnership, Being the same lmuted partnership as K D R C II, Ltd By K D R C Partnership a/k/a KDRC-1, Its General Partner Crmg O~b .~~ g ~ Il SELLER'S ADDRESS 1108 West Ptoneer Parkway, Suite 300 Arlington, Texas 76013 ACKNOWLEDGMENT THE STATE OF TEXAS § CO.TV or~Fm~ This lns~ent was ac~owledged before me on ~~g , 2000 by Crmg Omby, M~gmg General P~er of KD R~ P~nersh~p ~a ~RC-1, General P~er of ~RC II Limited P~ners~p, being ~e sine h~ted p~ers~p as K D R C II, Ltd, a Texas hm~ted p~ers~p, on beef of smd limited p~ershlp ~] ~ ~ ao~ [ No~ Pubhc, m ~d for ~e State of Tex~ II~%~.q.~ ~ ~ My Co~ss~on Exp~es Page 8 of 9 "EXHIBIT A" All that certain lot, tract or parcel of land lying and being s~tuated ~n the T Toby Survey, Abstract No 1288 of Denton County, Texas, and being part ora (called) 200 acre tract as described m a deed from 270 J V, a Joint Venture to KDRC II L~mlted Partnerslup, dated August 23, 1994, as recorded under County Clerk's File No 94-R0066002 of the Real Property Records of Denton County, Texas, and bcmg more parttcularly described as follows COMMENCING from a point for comer at the southwest comer of smd 200-acm tract in the mtddle of Rmey Road, THENCE South 89° 09' 06" East wth the south line of satd 200-acre tract, a distance of411 03 feet to the POINT OF BEGINNING of the heretn-desenbed tract, THENCE North 00° 57' 01" East, a dtstance of 315 04 feet to a point for comer, THENCE South 22° 46' 29" East, a dtstance of 207 56 feet to a point for comer, THENCE South 00° 48' 37" West, a dtstanee of 124 87 feet to a potnt for comer on the south hne of smd 200-acre tract, THENCE North 89° 09' 06" West with the south line of smd 200-acre tract, a dtstance of 83 82 feet to the POINT OF BEGINNING and containing In all 0 4221 acres of land Page 9 of 9 Agenda Item z~:~ ' AGENDA INFORMATION SHEET Date ~/~-,/~D AGENDA DATE: September 5, 2000 DEPARTMENT: Engineering &~.Trans~n CM/DCM(ACM: Dave Rill; 349 8314 - ~-X SUBJECT Consider adoption of an ordinance approving a real estate contract between the City of Denton and Locust/288 Partners, Ltd, relating to the purchase of approximately 3 98 acres of land located m the T Toby Survey, Abstract No 1288, for use as a water storage tank expansion site, authorizing the expenchture of funds therefore, and providing an effective date BACKGROUND The City of Denton Water Utlhty Department desires to acqmre the tract for the installation of a booster pump station to additionally supply the 900 mean sea level elevation servme area RECOMMENDATION Staff supports approval of the contract PRIOR ACTION/REVIEW (Council, Boards, Commlssmns) Public Utlhtles Board review on April 17,2000 City Counml Closed Session on April 25, 2000 FISCAL INFORMATION $55,720 00 ($14,000 per acre, 32 cents per square foot) plus surveying and closing costs of approximately $3,000 Respectfully submitted je~ector~- 0'~ En~a~enng &/Transportation Prec,[red by ~ Paul Wdl~amson Pdght-of-Way Agent LDCATIDN MAP UNIVERSITY ...... ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND LOCUST/288 PARTNERS, LTD, RELATING TO THE PURCHASE OF APPROXIMATELY 3 98 ACRES OF LAND LOCATED IN THE T TOBY SURVEY, ABSTRACT NO 1288, FOR USE AS A WATER STORAGE TANK EXPANSION SITE, 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 City and Locust/288, in substantially the form of the Real Estate Contract which is attached hereto and made a part of tins ordinance for all purposes, for the purchase of approximately 3 98 acres of land for use as a water storage tank expansion site SECTION 2 The City Manager is authorized to make the expenditures as set forth m the attached Real Estate Contract SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM CONTRACT OF SALE Locust/288 Partners, Ltd, a Texas limited partnership (hereinafter called "Seller"), hereby agrees to sell and convey to the City of Denton, a Texas municipal corporation, and/or assigns (hereinafter called "Purchaser"), and Purchaser hereby agrees to purchase and pay for, 3 98 acres of land, more or less, being Block 14, Lot 44, as depicted on that certain Prehmmary Plat for North Polnte, dated April 11, 2000, a true and correct copy of which is attached hereto as Exhibit "A" and made a part hereof by reference, together with, all and singular, all ~mprovements thereon and all rights and appurtenances pertaining thereto, including any right, title and interest of Seller ~n and to adjacent streets, alleys, or rights-of-way to the centerhnes thereof (such real estate, ~mprovements, nghts and appurtenances being herein referred to as the "Property") subject, however, to the Permitted Exceptions (herein defined) This Contract of Sale (this "Contract") is executed upon the following terms and conditions 1 Purchase Price The "Purchase Price" (herein so called) for the Property ~s Fifty-Five Thousand Seven Hundred Twenty and No/100 Dollars ($55,720 00) payable all in cash at the "Closing" (as that term is defined in Section 8 A, below) 2 Independent Consideration A Independent Consideration Deposit Within three (3) business days from the Effective Date of thts Contract, Purchaser shall dehver the sum of $100 00 to American T~tle Company, 717 N Harwood, 2610 Maxus Energy Tower, Dallas, Texas 75201 (the "T~tlc Company") w~th the notaUon "Arm Maxie Hardin", to be held by the Title Company as full payment and independent cons~deraUon for Seller's performance under this Contract (the "Independent ConslderaUon") If th~s Contract ~s properly termmated by Purchaser pursuant to a right of termination granted to Purchaser by any provision of this Contract, the Independent Consideration, shall nonetheless be promptly dehvered to Seller, but the parties shall have no further rights or obhgat~ons under this Contract (except for those which may expressly survive the termination) At Closing, the Independent Consideration shall be apphed to the Purchase Price B Escrow The Independent Consideration ~s deposited w~th the Title Company with the understanding that the T~tle Company (1) is not responsible for the performance or non- performance of any party to this Contract, and (2) ~s not bible for interest on the funds held unless reqmred ~n Section 2 A, above 3 Survey and Title B~nder A Survey. Purchaser shall, w~thin ten (10) days after the Effective Date ofth~s Contract, at Purchaser's expense, cause to be prepared and delivered toPurchaser (w~th a copy to CONTRACT OF SALE PAGE 1 Seller), a current, on-the-ground, Category lA, Condtt~on II, land t~tle survey (as spectfied by the Manual of Practme for Land Surveying m the State of Texas) of the Property (the "Survey") The Survey shall be ~n a form acceptable to the T~tle Company ~n order to allow the T~tle Company to delete the survey exception (except as to "shortages in area") from the T~tle Pohcy to be tssued by the T~tle Company, such survey deletmn shall be at the sole cost and expense of Purchaser The Survey shall show the location of all ~mprovements on the Property, ffany The Survey shall include only the Property and shall ~nclude a metes and bounds description of the Property and show any apparent encroachments, any flood-piton or flood-prone areas, and all easements w~th recording data mdmated, fences, and apparent water courses affecting the Property (Including any Schedule B easements reflected m the T~tle Binder), shall ~nclude a surveyor's certfficatton to the T~tle Company, to Seller, and to Purchaser, and shall further show the number of gross acres (and gross square feet) contained w~thm the lateral bounds of the Property The terms "gross acres" and "gross square feet" as used herein shall mean the total area of land contmned w~th~n the Property, reclusive of such exmtlng or presently proposed rights-of- way of pubhc roads, slreets, alleys, easements, encroachments, open space, and/or flood-piton or flood-prone areas B Tffie Binder W~th~n twenty (20) days after the Effective Date of th~s Contract, Seller shall obtmn, at Seller's expense, and dehver cop~es of same to Purchaser, the following (1) A t~tle comm~tmant (the "T~tle Binder") covenng the Property binding the T~tle Company to ~ssue an Owner's Pohcy of T~tle Insurance on the standard form of pohcy prescribed by the Texas Department of Insurance at the Clos~ng ~n the full amount of the Purchase Price, and (2) True, correct, and legible (to the extent reasonably avaalable) cop~es of any and all recorded instruments referred to m the T~tle B~nder as const~tutxng exceptions or restrictions upon the t~tle of Seller, except that cop~es of any hens whmh are to be released at the Closmg may be omitted 4 T~tle ADoroval. Purchaser shall have ten (10) calendar days after the later of the date Purchaser has received the Survey, a T~tle B~nder, and true, correct, and legible cop~es of any and all recorded instruments (the "Instruments") referred to ~n the T~tle B~nder as constituting exceptions or restrictions upon the t~tle of Seller (the "Review Period"), xn wh3ch to not~fy Seller of object~ons to Seller's t~tle (except as prowded otherwise below) specifying the t~tle defect whmh make Seller's t~tle unacceptable (the "Oblecttonabte Matters") If Purchaser notffies Seller of such Objectionable Matters wtth~n the Rewew Period, Seller may, but ~s under no affirmative obhgatmn to, undertake to cure and/or remove those Objectionable Matters specffied by Purchaser dunng the Review Period In the event such Objectionable Matters are not cured and/or removed, or ff Seller has not agreed to cure or remove same, on or before five (5) calendar days (the "Seller's Cure Period") after such notice to Seller, Purchaser may wtth~n three (3) days after the termination of Seller's Cure Period elect to termanate th~s Contract by notme to Seller, or at Purchaser's sole option, Purchaser may accept such t~tle as Seller can dehver ~n which event CONTRACT OF SALE PAGE 2 such ObJectionable Matters shall be deemed "Permitted Exceptions" (herein so called) Any exception on Schedule B to the Title Binder not objected to by Purchaser shall be deemed a "Permitted Exception" Any Objectionable Matters on Schedule B to the Title Binder which remains uncured by Seller as provided above shall be deemed "Permitted Exceptions" following Purchaser's failure to terminate within three (3) days after the end of Seller's Cure Period Items hsted on Schedule C to the Title Binder shall never be considered ObJectionable Matters, nor shall they be considered "Permitted Exceptions" unless Purchaser agrees in writing dunng the Review Period that such items need not be deleted from the Title Policy and may become Schedule B items on the Title Policy issued pursuant to the T~tle Binder 5 Inspection/Platting Period. A Inspection Period. Purchaser shall have thirty (30) days from the Effective Date (as hereinafter defined) (the "Inspection Period") to Inspect the Property and to conduct feasibility stuches regarding Pumhaser's intended use of the Property Pumhaser's studies may Include without hmltat~on 0) core borings, (ii) environmental and architectural tests and investigations, (m) physical inspections of all improvements, fixtures, equipment, subsurface soils, structural members, and personal property, and (iv) examination of plans, specifications, manuals, and other documents relating to the construction and condition of the Property Seller shall provide Purchaser upon request copies of all tests, studies, reports, plans, plats, and other information m Seller's custody relating to the Property, provided that all such information shall be dehvered to Purchaser by Seller without any representation or warranty by Seller to the accuracy of such reformation Pumhaser shall return all of the documents wlthan a reasonable time followlng termination of this Contract Seller has not undertaken any independent investigation as to the truth or accuracy of the documents and is providing or offenng to provide the documents solely as an accommodatmn to Purchaser Purchaser and Purchaser's agents, employees, consultants and contractors shall have the right of reasonable entry onto the Property dunng normal business hours, and upon reasonable advance notice to Seller and/or Seller's tenants, for purposes of the inspections, studies, tests and examinations reasonably deemed necessary by Purchaser All inspections, studies, tests and examinations performed hereunder shall be at Purchaser's expense, and copras thereof shall be delivered to Seller in the event of, and within a reasonable period of time following, termination of this Contract Immediately after completion of any tests, studies or examinations, Purchaser shall promptly restore the Property to substantially the same condition it was in prior to conducting such tests, studies or examinations, and Purchaser covenants and agrees to indemnify, defend~ and hold Seller harmless from all claims, causes of action, and damages arising out of the tests, studies, and examinations and restoration of the Property, including, but not limited to, mechanic's and matenalman's liens Purchaser's mdemmty obhgatlons hereunder shall survive the Closing or the earlier termination of this Contract B Termination If Purchaser determines, in Pumhaser's sole discretion, no matter how arbitrary, that the Property is not in satisfactory condmon or is not suitable for Purchaser's intended use or purpose, then Purchaser may terminate this Contract by notice to Seller on or CONTRACTOFSALE PAGE3 before the last day of the Inspection Period, whereupon neither party shall have any further rights or obligations under tlus Contract (except for those which may expressly survive the termination of this Contract) 6 Intentionally Deleted 7 Seller's Warranties, Representations and Covenants A Warranties and Representations Seller represents and warrants to Purchaser to the actual (but not constructive) knowledge of Mike Sandhn and Lee Schmltt, without inquiry, investigation, or duty to inquire or investigate, the following (1) Title. At the Closing, Seller shall have the right to convey to Purchaser good and indefeasible fee simple title to the Property free and clear of any and all liens, assessments, security interests, and other encumbrances except the Permitted Exceptions Delivery of the Title Policy pursuant to Section 8 B, below, will be deemed to satisfy the obligation of Seller as to the sufficiency of title required under this Contract, however, dehvery of the Title Policy will not release Seller from the warranties of title set forth in the Deed (2) Leases. There are no parties (other than Seller or its affihates) in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers (3) Liens and Debts Except for the ?ermated Exceptions, there are no licenses, leases, mechamc's liens, Uniform Commercial Code liens, or unrecorded liens against the Property which will not be saUsfied out of the Closing proceeds Except fnr the Perrmtted Exceptions, all obligations of Seller arising from the ownership and operation of the Property and any business operated on the Property, including, but not limited to, leasing commissions, salaries, and similar agreements, have been paid or will be paid prior to Closing Except for the Permitted Exceptions and obhgaUons such as taxes for wluch provisions are made in this Contract for prorating at Closing, there will be no obhgatmns of Seller with respect to the Property outstanding as of Closing, for which the Purchaser shall be liable (4) Hazardous Materials Except as otherwise disclosed in writing by Seller to Purchaser, the Property (including any improvements located thereon) contains no Hazardous Materials (defined below) Purchaser acknowledges that current and future federal, state and local laws and regulations may require any Hazardous Materials to be removed at the expense of those persons who may have had or continue to have any interest in the Property The expense of such removal may be substantml For purposes oftlus Contract, the term "Hazardous Materials" means any pollutants, toxic substances, ods, hazardous wastes, hazardous materials or hazardous substances as defined in or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, CONTRACT OF SALE PAGE 4 the Federal Clean Water Act, as amended, or any other federal, state or local environmental law, regulation, ordinance, role, or by-law, whether existing as of the Effective Date, or subsequently enacted B Covenants Seller makes the following covenants to Purchaser (I) Title. At the Closing, Seller will convey to Purchaser good and indefeasible fee simple title to the Property free and clear of any and ail liens, assessments, security ~nterests, and other encumbrances except the Permitted Exceptions Dehvery of the Title Policy pursuant to Section 8 B, below, will be deemed to satisfy the obligation of Seller as to the sufficiency of title required under this Contract, however, delivery of the Title Policy will not release Seller from the warrant~es of title set forth in the Deed (2) Negative Covenants. Without the written consent of Purehaser, Seller shall not further encumber the Property or allow an encumbrance upon the title to the Property, which will not be removed as of the Closing (3) L~ens and Debts Seller shall not allow any licenses, leases, mechanic's liens, or Umform Commercial Code liens or other liens against the Property which will not be satisfied out of the Closing proceeds C Remedtes If Purchaser discovers prior to Closing that any of Seller's warranties or representations has been materially m~srepresented or is materially inaccurate or that any of Seller's covenants has been violated, Purchaser shall notify Seller promptly in writing, and Seller may attempt to remedy the material misrepresentation or inaccuracy, or to cure the violated covenant If the material m~srepresentatlon or inaccuracy is not remedied, or ~f the violated covenant is not cured, prior to Closing, upon written notme to Seller, Purchaser may 0) proceed to Closing thereby waiving and being deemed to have waived all claims for breach of warranty or covenant or for misrepresentation, or (n) as its sole remedy terminate tins Contract, m which event neither party shall be further obligated to the other except for obhgattons which expressly survive the termination of tlus Contract Except as expressly provided here~n, the representations, warrantles, and covenants of Seller herein shall not survive the Closing All representation, warrant~es, and covenants m this Contract (except for the warranty of title in the "Deed" [as that term is defined below] and those which expressly survive the Closing pursuant to the terms hereof) shall not survive Closing, and shall be deemed merged into the Deed 8 CI0slng A Closing Date The closing of this Contract (the "Closing") shall be held on or before the tenth (10th) day following the expiration of the Inspection Penod (the "Closing Date"), at the offices of the Title Company at its address stated below B Seller's Closing Documents At the Closing, Seller shall dehver to Purchaser at Seller's expense 0) a Special Warranty Deed (the "Deed") conveying the Property subject only CONTRACT OF SALE PAGE to the Permitted Exceptions, (n) an updated title commitment by the T~tle Company to deliver a standard coverage title policy issued by the underwriter for the Title Company effective as of the time of Closing, pursuant to the Title Binder w~th the survey exceptmn deleted (except as to shortages in area and such deletion being at Purchaser's expense), subject only to the Permitted Exceptions, (hi) possession of the Property, 0v) evidence of Seller's authority and capacity to close this transaction as may be required by the Title Company, and (v) all other documents reasonably required by the Title Company to close tfus transaction C Purchaser's Closing Documents At the Closing, Purchaser shall deliver to Seller at Purchaser's expense (1) (by cashier's check or wire transfer) the Purchase Puce with the Independent Consideration being applied thereto, (n) evidence of Purchaser's authonty and capacity to close this transaction, and (iii) all other documents reasonably required by the Title Company to close this transaction D Closing Costs Except as otherwise provided herein, all closing costs shall be assessed by the Title Company and paid by Seller or Purchaser an the manner customary in a transaction of this character m the county where the Property is located E .Prorations. Ad valorem taxes for the then current year shall be prorated at the Closing effective as of the date of Closing If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of the taxes shall be upon the basis of the tax rate for the preceding year applied to the latest assessed valuation, but any difference ~n actual ad valorem taxes for the year of sale actually paid by Purchaser shall be adjusted between the parties upon receipt ofwntten evidence of the payment thereof If a change in use of the Property after Closing results m an imposition of additional taxes for previous years, such rollback taxes shall be the responslblhty of Purchaser The provmlons of thru paragraph shall survive the Closing of this Contract F Foreign Person Notification If Seller as a Foreign Person, as defined by the U S Internal Revenue Code, or if Seller fails to deliver to Purchaser a non-foreign affidavit pursuant to Section 1445 of the Internal Revenue Code, then Purchaser may cause the Title Company to withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the withheld proceeds to the Internal Revenue Service, together with appropriate tax forms, The required affidavit(s) from Seller(s) shall include (1) a statement that Seller is not a foreign person, (2) the U S taxpayer identification number(s) of Seller(s), and (3) other information required by Section 1445 of the Internal Revenue Code 9 Termination If this Contract is terminated by Purchaser pursuant to a right by Purchaser to do so in accordance with this Contract, the Independent Consideration shall be promptly paid to Seller, and the parties shall have no further obligation or liabilities one to the other except for those provisions which expressly survive termination of this Contract and all indemnities set forth in this Contract CONTRACT OF SALE PAGE 6 10 Default A Purchaser's Remedies If Seller fails to close this Contract due to Seller's default under flus Contract, Purchaser may elect any of the following as its sole remedy (1) enforce specific performance of this Contract, or (2) terminate and release Seller from this Contract whereupon this Contract shall terminate and the parties shall have no further obhgatlons hereunder, save and except those that expressly survive termination of this Contract Seller's failure to satisfy Purchaser's objections under Section 4 above shall not constitute a default by Seller B Seller's Remedies IfPumhaser shall default under this Contract, Seller may elect any of the following as its sole remedy (1) enforce spemfic performance of this Contract, or (2) terminate and release Purchaser from this Contract, and have the Independent Consideration distributed by the Title Company to Seller, whereupon this Contract shall terminate and the parties shall have no further obligations hereunder, save and except those that expressly survive termination of this Contract 11 Intentionally Deleted 12 Miscellaneous Provisions A Effective Date The term "Effective Date" and the "date of this Contract" as used hereto shall mean the later of the two dates on which this Contract is signed by Seller or Purchaser, as indicated by their signatures below, which later date shall be the date of final execution and agreement by the Parties hereto If the last party to execute this Contract fails to complete the date of execution below that party's signature, the Effective Date shall be the date this fully executed Contract is acknowledged as received by the Title Company B Notices. Any notice or communication required or permitted hereunder must be in wntmg and shall be deemed to be delivered, whether actually received or not, on the earher date of(l) actual receipt, if dehvered in person or by messenger or overnight courier with evidence of dehvery, or (u) transmission of an electronic facsimile transmission ("Fax") with confirmation of dehvery, or (iii) upon deposit in the United States Mall as required below Notices may be transmitted by Fax to the Fax telephone numbers specified below, if any Notices delivered by mall must be deposited in the U S Postal Service, certified marl, return receipt requested, postage prepaid, and properly addressed to the intended recipient at the address set forth below Any party may change 1ts address for notice purposes by dellvenng written notice of its new address to all other parties in the manner set forth above which notice of change of address will be effective five (5) days after receipt Copies of all written notices should also be dehvered to the Title Company, but failure to notify the Title Company will not cause an otherwise properly dehvered notice to be ineffective C Mutual Termination. If this Contract is terminated by mutual agreement of both CONTRACT OF SALE PAGE 7 II Parties at any time prior to Closing, the obligations of each Party under this Contract shall terminate, except that each party shall perform any obligations which expressly survive the termination of this Contract The obligation under this Section 12 C shall survive the termination of this Contract The terms of any mutual termination agreement will supersede and control over the provisions of this Section 12 C to the extent of any conflict This Section 12 C does not apply if a party unilaterally terminates this Contract by virtue of a termination right set forth elsewhere in this Contract D Attorney's Fees If either Party shall be reqmred to employ an attorney to enfome or defend the rights of such Party hereunder, the prevmhng Party shall be entitled to recover reasonable attorney's fees and costs E Integration This Contract contains the complete agreement between the Parties with respect to the Property and cannot be vaned except by written agreement The Parties agree that there are no oral or signed agreements, understandings, representations or warranties made by the parties whmh are not expressly set forth herein F Survival Except as otherwise provided in this Agreement, any portion of this Contract not otherwise consummated at the Closing will survive the closing of this transaction as a continuing agreement by and between the Pames G Binding Effect This Contract shall inure to the benefit of and bind the Parties hereto and their respective heirs, representatives, successors and permitted assigns H Time for Performance. T~me is of the essence under each provision of this Contract Strict compliance with the times for performance is required Rlght of Entry SubJeCt to the provisions of Section 5, upon reasonable advance notice and dunng normal business hours, Purchaser and Purchaser's representatives have the right to enter upon the Property prior to Closing for purposes of viewing, inspecting and conducting studies of the Property, so long as they do not unreasonably ~nterfere with the use of the Property by Seller or any tenants, or cause undue damage to the Property J Business Day If any date of performance under this Contract falls on a Saturday, Sunday or Texas legal hohday, such date of performance shall be deferred to the next day which is not a Saturday, Sunday or Texas legal holiday K Governing Law This Contract shall be construed under and governed by the laws of the State of Texas, and unless otherwise provided herein, all obhgatlons of the parties created under this contract are to be performed in the county where the Property is located L Severablhty If any provision of this Contract ~s held to be invalid, illegal, or unenforceable by a court of competent junsdlctmn, the mvahd, illegal or unenforceable provision shall not affect any other provisions, and this Contract shall be construed as if the invalid, illegal, CONTRACT OF SALE PAGE 8 or unenforceable provision is severed and deleted from this Contract M Counterparts. This Contract may be executed in a number of identical counterparts Each counterpart is deemed an original and all counterparts shall, collectively, constitute one agreement N Genderl Number Unless the context requires otherwise, all pronouns used ~n this Contract shall be construed to include the other genders, whether used in the masculine, feminine or neuter gender Words in the singular number shall be construed to include the plural, and words in the plural shall be construed to include the singular 0 Assignment. Neither party may assign its rights under this Contract without the express written consent of the other, winch consent shall not be unreasonably withheld or delayed, except that Purchaser may assign 1ts rights hereunder to an affiliate controlled by, controlhng, or under common control with Purchaser, provided the assignee expressly assumes all of the Purchaser's obligations hereunder in writing, provided, however, no such assignment shall relieve Purchaser of its obligations hereunder 13 Diselairaer Seller and Purchaser agree that the provisions of tins Section 13 shall expressly survive the Closing of tins Contract Purchaser hereby acknowledges the following a Except as set forth in this Contract, Purchaser is purchasing the Property, and the Property shall be conveyed and transferred to Purchaser, "AS IS, WHERE IS, AND WITH ALL FAULTS" and specifically and expressly w~thout any warrant~es, representations, or guarantees, e~ther expressed or implied, of any kind, nature, or type whatsoever fi.om or on behalf of the Seller Purchase acknowledges that it has not relied, and is not relying, on any information, document, sales brochures, or other hterature, maps or sketches, projection, pro forma, statement, representation, guarantee, or warranty (whether express or implied, or oral or written, or material or immaterial) that may have been given or made by or on behalf of Seller b Except as set forth in the Contract or herein, Purchaser shall not be entitled to, and should not rely on, Seller or its agents as to (a) the quality, nature, adequacy, or physical condition of the Property, (b) the quality, nature, adequacy, or physical condition of soils or the existence of ground water at the Property, (c) the existence, quality, nature, adequacy, or physical condition of any utlhtles serving the Property, (d) the development potential of the Property, its habltablhty, merchantability or fitness, sultainllty, or adequacy of the Property for any particular purpose, (e) the zoning or other legal status of the Property, (f) the Property's compliance with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions, or restrictions of any governmental or quasi- CONTRACT OF SALE PAGE 9 governmental entity, or of any other person or entity, (g) the condition of t, tle to the Property, or the nature, status and extent of any right-of-way, lease, right of redemption, possessmn, hen, encumbrance, hcense, reservation, covenant, condition, restriction, or any other matter affecting t,tle to the Property c EXCEPT AS SET FORTH 1N THIS CONTRACT, SELLER HAS NOT, DOES NOT, AND WILL NOT, WITH RESPECT TO THE PROPERTY, MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED OR ARISING BY OPERATION OF LAW INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR WITH RESPECT TO THE VALUE PROFITABILITY, OR MARKETABILITY OF THE PROPERTY d EXCEPT AS SET FORTH IN THIS CONTRACT, SELLER HAS NOT, DOES NOT, AND WILL NOT, MAKE ANY REPRESENTATION OR WARRANTY WITH REGARD TO COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS WASTE OR SUBSTANCE e Purchaser has had and will have, pursuant to thru Contract, an adequate opportumty to make such legal, factual, and other ~nqumes and mvest~gatmns as ~t deems necessary, desirable, or appropriate w~th respect to the Property Such mqumes and investigations of Purchaser shall be deemed to ~nclude, but shall not be hm~ted to, the condition of the Property, the existence of any wood-destroy, ng organisms on the Property, such state of facts as an accurate survey and inspection would show, the present and future zoning ordinances, resolutions, and regulataons of the c~ty, county, and state where the Property is located, the avadabfl~ty of utdlt~es, and the value and marketabthty of the Property 14 Release, Indemnity. Seller and Purchaser agree that the prows~ons of this Sectmn 14 shall expressly survive the Closing of th~s Contract W~thout ~n any way hmlt~ng the generahty of the preceding paragraphs a through e of Sectton 13, Purchaser specifically acknowledges and agrees that it hereby wmves, releases, and d~scharges, and that ~ts closing of the purchase contemplated herem shall be deemed to be and to constitute a wmver, release, and discharge of, any clmm or cause of actton .t has, m~ght have had, or may have agmnst Seller, for any type of rehef, whether at law or ~n eqmty, with respect to the condition of the Property, e~ther patent or latent, ~ts abthty or ~nab~hty to obtmn or mmntmn CONTRACT OF SALE PAGE 10 Iq- bmld~ng permits, temporary or final certfficates of occupancy, or other hcenses for the development or use of the Property, the actual or potentml profits to be derived from the Property, the real estate taxes or assessments now or herea~er payable thereon, the comphance w~th any enwronmental protection, pollution, or land use laws, rules, regulatmns, or reqmrements, and any other state of facts which extst wnh respect to the Property EXECUTED on the dates stated below SELLER PURCHASER Locust/288 Partners, Ltd The C~ty of Denton, Texas, a Texas hm~ted partnership a Texas munlc~pal corporation By NOPO, L L C, ~ts General Partner By By Name Name Mmhael W Jez T~tle Manager T~tle C~ty Manager Address 5137 Daws Blvd Address 215 E MclQnney Fort Worth, Texas 76180 Denton, Texas 76201 Telephone (817) 281-3509 Telephone (940) 349-8307 Fax Number (817) 656-0719 Fax Number (940) 382-7932 Date of Execution Date of Execution TITLE COMPANY ACCEPTANCE The T~tle Company acknowledges receipt of the Earnest Money on . (date) from ~n the amount of $ m the form of and accepts the Independent Conmderat~on subject to the terms and conditions of th~s Contract TITLE COMPANY American T~tle Company By CONTRACT OF SALE PAGE 11 Name MaXle Harthn T~tle Address 717N Harwood 2610 Maxus Energy Tower Dallas, Texas 75201 Telephone (214) 969-5300 Fax Number (214) 969-5348 PAGE CONTRACT OF SALE 12 AGENDA INFORMATION SHEET AGENDA ,DATE September 5, 2000 DEPARTMENT Electric Utlhtles ACM. Howard Mart~n, 349-8232 ~ SUBJECT' AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT DATED JANUARY 5, 1999, BY AND BETWEEN THE CITY AND NAVIGANT CONSULTING, INC, FOR FURTHER CONSULTING SERVICES PERTAINING TO ELECTRIC RESTRUCTURING MATTERS AND THE POSSIBLE DIVESTITURE OF THE CITY'S ELECTRIC GENERATION ASSETS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AMENDMENT TO AGREEMENT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND: Due to the need to remarker the Spencer Generating Plant the sale process has taken much longer than anticipated Therefore the fee structure originally negotiated with Navlgant became impractical Navlgant voluntarily reduced their monthly charge fxom $150,000 per month to $20,000 per month retroactive to the beglnmng of 2000 Even with this reduction, the original contract limit of $2,025,000 was reached m June of 2000 The remarketmg process ~s now complete and we are m the process of selecting a finahst for the sale Subsequent to that selection, intensive negotiations of the final asset purchase documents and Power Purchase Agreement will occur Jim Coyne and Prescott Hartshome of Namgant are expenanced in such negotiations with aggressive asset purchase teams fi.om privately owned companies Their leadership and coordination of this process will enhance the value of the package to Denton Mr CoynelhaS proposed that the Namgant Agreement be amended to provide for payment of $20,000 per month through the penod up to and including execution of a defimt~ve asset sale agreement Following the execution of the asset sale agreement untd completion of the sale closing, an}, assmtance provided by Nawgant will be provided on an as-needed hourly billing basis at their standard bflhng rates The successful sale and financial closing on the Spencer plant, within twelve months following the execution of the asset sale agreement will entitle Nawgant to an additional fixed compensation fee of $250,000 OPTIONS: 1 Amend the Agreement with Navlgant as proposed 2 Attempt to complete the sale negotiation process w~thout Navlgant's assastance RECOMMENDATIONS. DME reconunends continuing to use Navlgant to lead the final sale negotiation process ESTIMATED SCHEDULE OF PROJECT S~gnature of defimtlve asset purchase agreement and Power Purchase Agreement by no later than the end of October Sale closing by January l, 2001 PRIOR ACTION/REVIEW (Courted, Boards, Commission)' The Public Utthtles Board approved the subject reconunendat~on at ~ts August 21, 2000 meeting by a vote of 6 to 0 with 6 members present FISCAL INFORMATION' Not to exceed $400,000 Respectfully submitted Sharon Mays D~rector of Electric Utilities 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZiNG THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT DATED JANUARY 5, 1999, BY AND BETWEEN THE CITY AND NAVIGANT CONSULTING, INC, FOR FURTHER CONSULTING SERVICES PERTAINING TO ELECTRIC RESTRUCTURING MATTERS AND THE POSSIBLE DIVESTITURE OF THE CITY'S ELECTRIC GENERATION ASSETS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AMENDMENT TO AGREEMENT, AND PROViDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the pubhc interest to engage Navlgant Consulting, In¢, Burlington, Massachusetts ('~Navlgant"), successor to the Reed Consultmg Group to provide further professional consulting services to the City pertaining to the electric restructunng matters and the possible d~vestlmre of the City's electric generation assets, and WHEREAS, on the 5'h day of January, 1999, the City Council passed and approved Ordmance No 99-010, wluch ordinance authorized the City Manager to execute a Professional Services Agreement ("Agreement") with Reed Consulting Group, a Massachusetts Corporation ("Reed") provlchng for professional consulting services, and WI-IEREAS, Navlgant succeeded to and acquired the rights of Reed under the Agreement, with the approval of the City, and has been contlnuously providing professional services to the City rcspectmg electric restructunng matters as well as the possible dwestlture of the City's electric generation assets, and recently, the amounts provided for payment to Nawgant have been exhausted pursuant to the Agreement, and the work of Nawgant, although substantially complete, is not yet complete, and accordingly, the City Council believes that it m necessary and appropriate to continue Nawgant's engagement respecting the matters described above for a time, so that the possible divestiture of the City's electric generation assets may be brought to a close, one way or the other Accordingly, the City Council desires to enter into a First Amendment (the "Amendment") to the above Agreement, a copy of which Amendment m attached hereto and incorporated herewith by reference, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basts of demonstrated competence and quahficat~ons, and for a fair and reasonable price, and WHEREAS, the professmnal fees as prowded tn the Profess,onal Services Agreemem are fmr and reasonable, considering all relevant factors, as well as the magmtude of the project for which Navlgant Consulting Group is being engaged, and said profess,onal fees do not exceed any maxtmum prowded by law for such professional services, and WHEREAS, the Caty Council has provided in the C~ty Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth ~n the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Caty Manager is hereby authorized to execute a First Amendment to the Professional Services Agreement dated January 5, 1999, by and between the C,ty and Navlgant, for professional consulting services pertaanmg to electric restructuring matters and the possible d~vesttture of the City's electric generation assets, m substanUally the form of the First Amendment to Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of flus Agreement is on the basis of the demonstrated competence and quahficaUons of Navlgant and the abfltty of Nawgant to perform the services needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as prowded ~n the attached First Amendment to Professional Services Agreement ~s hereby authorized SECTION 4 That the above and foregoing First Amendment to the Professional Services Agreement, dated January 5, 1999 ~s hereby ratified, confirmed, and retroactively approved, and shall be effective from and after January l, 2000 SECTION 5 That except as otherwme prowded in Section 4 above, this Ordinance shall become effective ammedlately upon its passage and approval PASSED AND APPROVED thru the ___ day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docum~nt~\Ordman¢~\[0\Nawgant Consulting 1~ Amended PS^ - DME D~v¢~umr¢ doc THE STATE OF TEXAS )( COUNTY OF DENTON )( FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT DATED JANUARY 5, 1999 THIS FIRST AMENDMENT to that certain Professional Services Agreement, dated January 5, 1999, heretofore entered into by and between the C~ty of Denton, Texas, a Texas Mumc~pal Corporation, and Reed Consulting Group, a Massachusetts Corporation, ~s made and entered ~n~o on th~s date by the C~ty of Denton, Texas, a Texas mumc~pal corporatton, w~th ~ts pnnc~pal offices at 215 East McI~nney Street, Denton, Denton County, Texas 76201 (hereafter called "C~ty"), and Nav~gant Consult:ng, Inc, a Co~purat~on, w~th ~ts pnnc~pal office at 200 Wheeler Road, Burhngton, Massachusetts, 01803 (hereafter called "Nawganf'), acting hereto by and through their respective duly authorized representat:ves and officers WHEREAS, on January 5, 1999, the C~ty entered into a Professmnal Serwces Agreement (hereafter the "Agreement") w~th Reed Consulting Group, a Massachusetts Corporation (hereafter "Reed") providing for spec~ahzed, mtens~ve professional services revolved m assisting the C~y w~th ~ts poss:ble d~vest~tare of ~ts electric generation and related assets, and the C~ty Council passed and approved Ordinance No 99-010 on that date, authorizing the C:ty Manager to execute sa~d Agreement, which, among other things, prowdcd for payment of professional fees and oat-of-pocket expenses to the consultant, m an amount not to exceed $2,025,000, and WHEREAS, thereafter, through thts date, Reed Consultmg Group, and now, ~ts successor by merger Nawgant Consult:ng, Inc, have dfl:gently performed extensive and complex profess:onol services for the C~ty, as chrected by thc C~ty, mc~dent to the marketmg, as well as the current re-marketing of the C:ty's electric generation resources (the "Project"), w~th the focus of thc present act~wty being hm~ted by the C~ty to the sale, d~sposmon, or other d~vest~ture of thc C~ty's Spencer Generation Plant as well as the two hydroelectric generation facflmes s~tuated m Denton County, Texas, owned by the C~ty, and WHEREAS, at the t~me the Agreement was entered into by thc Cxty and Reed Consulting Group ~n January 1999, neither the C~ty, nor Reed could predact with any certainty the length of ume the profass~onal engagement would entail, nor could they predict the market recepUon or reaction to the C~ty's offenng or,ts electric assets for sale, d~sposmon, or other dlvestature The part,es, ~nldetenmmng the not-to-exceed compensataon at that t~me could do no more than make a coordinated, reasonably reformed, good-froth esttmate about the hkely period of t~me and the quantum ofprofessaonal services needed to complete the engagement, and WHEREAS, by the close of 1999, the ProJect was not yet complete, but the funds prowded for m the Agreement for the payment of professional fees to Reed, then to Nawgant Consulting, lnc were nearly exhausted, and shortly thereafter, the C~ty authonzed Nawgant to move forward w~th a re-marketing effort ~n hopes of max~m~zlng the financial effects to the C~ty of a possible sale, d~spos~txon, or dtvest~ture of tts local electric generation assets, by addmonal efforts to be made by Navlgant with the remmnmg bidders, and at that time Nav~gant, in order to continue the Project, orally agreed with City Staff, in pnnmple, that because of where the ProJect stood, that Navlgant would voluntarily restructure its compensation under the Agreement and any future amendment to the Agreement to be entered into by and between the Cxty and Navlgant, effective as of January 1, 2000, in order to continue on the ProJect without interruption, in order to contain the City's out-of-pocket costs, in order to take into account a slightly lesser mount of work then being performed on the ProJect, as well as to bear some risk of loss of its professional fees on the ProJect in the event that the City was not successful in selling, disposing of, or divesting its local electric generation assets, and the City and Navlgant recognize that, as the properties being marketed by Navlgant involve real property interests, an acceptable way to restructure a portion of Navlgant's fee for professional services is to provide for an additional, fixed completion fee which is payable to Navlgant solely in the event that there is a successful closing and funding of the sale, disposition, or divestiture of the Spencer Generation Plant (with or without the City's two hydroelectric generation units), which event would satisfy the contingency, and WHEREAS, the C~ty and Navlgant, intend by this First Amendment to Professional Services Agreement, Dated January 5, 1999 (hereafter the "First Amendment") to provide for their respective rights and responsibilities, each to the other, effective from and after January 1, 2000, until such time as the Project is completed, whether by a successful closing and fimdlng of a sale of the City's local electric generation assets, or by a cancellation of the Project, NOW, THEREFORE, the City of Denton, Texas and Navlgant Consulting, Inc (hereafter collectively referred to as the "Parties"), in conslderatlon of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following amendments to the terms and conditions of the Agreement dated January 5, 1999, to wit I INCORPORATION OF PREAMBLE The parties agree that the preamble set forth heremabove is hereby incorporated into flus First Amendment by reference for all purposes pertinent II CHANGE OF CONSULTANT'S NAME AND BINDING EFFECT The part,es agree that Navlgant Consulting, Inc shall be the responsible entity respecting the performance of the terms and provisions of the Agreement as welt as to this First Amendment, and that Navlgant shall succeed to the rights of Reed under the Agreement for all purposes The parties stipulate that Reed was merged into Navlgant, and that Navlgant, for purposes of the performance of the Agreement, ~s the corporate successor to Reed, which nominal change of name the C~ty expressly consents to and hereby ratffies Page 2 III FEES FOR SERVICES AND PAYMENT OF EXPENSES The parties agree that the prowmons of Article II of the Agreement, together with the applicable proms~ons of the "Attachment to Professional Services Agreement Between Reed Consulting Group and the City of Denton, Texas Dated January 5, 1999" (hereafter the "Attachment") shall be amended as follows 1 The total "not-to-exceed" mount for professional fees and direct out-of-pocket expenses mcurred on the ProJect shall not exceed $2,425,000 2 The City shall continue to reimburse Nawgant for Navlgant's d~rect out-of-pocket expenses reasonably incurred in the ProJect on a billed monthly bas~s, at Nawgant's direct cost 3 The flat monthly fee of $150,000 per month for the duration of the engagement, shall be modified, effective as of January 1, 2000 as follows 4 The City shall pay Navlgant a flat monthly fee of $25,000 for professional servmes rendered on the Project for the month of January 2000, then 5 The City shall pay Nawgant a flat monthly fee of $20,000 for professional services rendered on the ProJect for the month of February 2000, and for each successive month thereafter, until such tune as the C~ty executes and delivers to a purchaser of the Spencer Generatmn Plant (with or w~thout the C~ty's two hydroelectric generation umts) a defuntlve asset purchase agreement, then the parties agree that the $20,000 flat monthly fee provided for by tlus subparagraph shall be prorated on a dmly basis, to be calculated effective as of the date at which the definitive asset purchase agreement is executed and delivered by the City to such purchaser, then 6 In the event that the City executes and dehvers a defimt~ve asset purchase agreement promdmg for the sale or disposition of the Spencer Generation Plant (w~th or without the City's two hydroelectric generauon umts), then thereafter, the C~ty shall pay Navlgant, until the ProJect, and ttus engagement is closed, its professional fees on an as-needed, billed monthly, hourly fee basis, m such hourly amounts as are set forth in the "Standard Hourly B~llmg Rate Schedule (effective January l, 2000)," attached hereto as Exhibit "1", and incorporated herewith by reference 7 In the event that the ProJect is not complete, and th~s engagement ~s not closed by January 1, 2001, and Navlgant is rendenng professaonal servmes to the C~ty at that time, then Nawgant may notify the City m writing that ~t elects to increase its hourly billing rates for its staffperformmg services on the project, effective as of January 1, 2001, to ~ts standard hourly bflhng rates and the City shall accordingly pay Nawgant in accordance w~th such increased rates Page 3 8 In the event that the City ~s unable to successfully close and fund a successful sale, d~sposlt~on, or other d~vesttture of its Spencer Generatton Plant (wtth or w~thout the C~ty's two hydroelectric generation umts) wtttun the twelve (12) months tmmedtately following the date of the executton and dehvery of a defimt~ve asset purchase agreement (as referred to heremabove), then, tn that event the only sums owed by the C~ty to Navtgant for professional fees pursuant to the Agreement and the Ftrst Amendment, from and after January 1, 2000, shall be those earned flat monthly fees as prowded for in paragraphs III C 1 and III C 2 above, and any as-needed, hourly fees earned by Nawgant, as prowded for tn paragraphs III C 3 and III C 4 above 9 In the event that the C~ty is successful, and ts able to close and fund a sale, d~spomtton, or divestiture of the Spencer Generation Plant (wtth or wtthout the C~ty's two hydroelectric generation umts), w~thtn the twelve (12) months ~mmed~ately following the date of the execution and dehvery of a defimtlve asset purchase agreement (as referred to above), then, ~n that event only, pursuant to the agreement of the parties prowdmg for the restructunng of Navlgant's professtonal fees for the penod of time on and after January 1, 2000, the C~ty shall pay to Navlgant, w~ttun twenty days following closing and fundmg of the referenced sale, dtspostt~on, or other chvest~ture of the Spencer Generation Plant (wtth or w~thout the C~ty's two hydroelectric umts) an additional fixed completion fee of $250,000, for Navtgant's professional services previously rendered, earned, but deferred unttl the successful completton of the coutmgency described in thru subparagraph IV NOTICES The part,es agree that the terms and prowslons of Article IX of the Agreement shall be amended to promde the followmg as the apphcable nottce addresses of the part~es, to w~t CITY NAVIGANT C~ty of Denton, Texas Navtgant Consulting, Inc Michael W Jez, City Manager James M Coyne, Managing Director 215 East McKmney Street 200 Wheeler Road Denton, TX 76201 Burlington, MA 91803 V COORDINATION OF WORK ON THE ENGAGEMENT The part~es agree that the terms and prowslons of Article XVIII of the Agreement shall be amended to add the following provls~on D The partaes agree that the pnnclpal members of the ProJect Team are, and shall be James M Coyne and Prescott Hartshome Other Navtgant consultants w~lI continue to be utthzed on the ProJect on an as-needed basts as determined by the Pnnmpals The pnnctpal members of the ProJect Team w~ll rematn active on the Project until tts completmn Over the Page 4 course of completing th~s engagement, should pnncapal members of the Project Team move to a new entity, unless Navlgant arranges for cont, nued serv, ces from the pnnctpal members of the Project Team (subcontracted or otherwise), the C~ty reserves the right to have the Agreement and th, s F~rst Amendment follow the Project Team to the new entity where the pnnclpals will be employed In that event, payment for services due to Navlgant trader the Agreement and the F~rst Amendment will be limited to the flat monthly fees and as-needed hourly professional fees rendered through the date the ProJect Is transferred to the Pnnc~pals' new entity If, however, the ProJect has progressed to an executed asset purchase agreement for the Spencer Generation Plant, Navlgant shall be entitled to one-half the fixed completion fee if the financial closing ~s achieved VI SURVIVAL OF AGREEMENT The parties agree, that except as specffically provided by tlns First Amendment document, that all of the terms, covenants, conditions, agreements, rights, responslbtht~es, and obligations of the parties set forth ~n the Agreement, shall remmn in full force and effect 1N WITNESS WHEREOF, the City of Denton, Texas and Navlgant Consulting, Ine have executed First Amendment to Professional Service Agreement Dated January 5, 1999 in four (4) original counterparts, by and through their respective duly authorized representatives and officers on this the day of ,2000 "CITY" CITY OF DENTON, TEXAS A Texas Mummpal Corporation By Michael W Jez, Cxty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 5 '~IAVIGANT" NAVIGANT CONSULTING, INC A Corpora~.ori ATTBST Pal~ 6 Navigant' CONSULTING, INC NAVIGANT CONSULTING, INC Financial Services Standard Hourly Bilhng Rate Schedule (Effective January 1, 2000) Executive Managing Director $400 Semor Managing Director $325 Managing Director $325 Director $300 Principal $250 Senior Engagement Manager $225 Senior Consultant $200 Consultant $150 Assoemte $125 Technical Writer $100 Research Llbrarmn $100 Analyst $100 Administrative Assistant $45 Clerical Assistant $25 Preparation for testimony and testimony may be bdled at one and one-half t~mes the regular bflhng rates on thru schedule Exhibit "1' Aoende [do Agenda Ite~ J ,'~ AGENDA INFORMATION SHEET AGENDA DATE. September 5, 2000 DEPARTMENT Community Developm~ CM/DCM/ACM: David Hill, 349-8314 SUBJECT Consider approval of a resolution authorizing the City Manager to execute impact fee incentive grant agreements w~th the Habitat for Humanity of Denton and the Denton Affordable Housing Corporation, Inc, and w~th future apphcants who meet program gmdehnes, adopting new program gmdehnes to provide for s~ngle famdy eqmvalent ~mpact fee incentive grants to pay water and wastewater ~mpact fees for s~ngle family affordable housing res~dentlal umts, extending and reauthonz~ng the ~mpact fee ~ncent~ve grant program for affordable housing, and providing an effective date BACKGROUND The original Impact Fee Incenttve Grant Program was approved by City Counml on September 15, 1998 The program makes ~mpact fee grants avmlable to non-profit housing developers Nonprofit developers are reqmred to serve special needs populations such as low-income, elderly or d~sabled Please see the attached program guidelines for additional program ~nformat~on Staff currently has apphcat~ons from Habitat for Humamty and the Denton Affordable Housing Corporation Habitat for Humanity's apphcat~on requests one s~ngle-famdy eqmvalent grant for a homeownerslup tm~t on Bradshaw Street DAHC Is requesting single-family eqmvalent grants m the amount of $32,851 DAHC plans to complete three umts for homeownersh~p purposes and ten umts to be used as rental housing These un~ts are located on Morse, Camelot, Stuart and Strata Drive Staff is also requesting the continuation of the program for the 2000-2001 fiscal year The amount of program funding requested is $20,216 Th~s wall provide eight (8) s]ngle- famdy eqmvalent grants Homeownershlp tm~ts must be completed and sold to ehg~ble low and moderateqncome households w~thm 15 months of the grant award Rental properties must remmn avmlable to low and moderate-income households for a ten-year period Liens are filed on each property and released upon purchase of homeownersh~p properties or at the end of the ten-year period for rental umts Page 1 Impact fee grants awarded to projects that meet HOME program gmdehnes can also be used as matching funds for the HOME program The HOME program requires a 25% match of all project fundxng awarded to the C~ty ESTIMATED SCHEDULE OF PROJECT Program will be carried out on an annual basis beginning October 1 of each fiscal year Any funds remmmng at the end of the fiscal year w~ll be returned to the general fund PRIOR ACTION/REVIEW (Councll~ Boards, Commissions) Cotmcll approved the program for the 1998-'99 fiscal year FISCAL INFORMATION A total of $35,378 is requested from the general fund for the 1999-2000 program year An additional $20,216 is requested for the 2000-2001 program year BID INFORMATION N/A ATTACHMENTS Resolution, pages 3 - 4 Program Gmdehnes, 5 - 10 Application Certification - DAHC, page 11 - 12 Application Certification- Habitat, page 13 - 14 Impact Fee Incentive Grant Agreement - DAHC, pages 15 - 20 Impact Fee Incentive Grant Agreement - Habitat, pages 21 - 26 Respectfully submitted Director of Commumty Development Prepared by Barbara Ross ~ Community Development Administrator Page 2 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE IMPACT FEE IN- CENTIVE GRANT AGREEMENTS WITH THE HABITAT FOR HUMANITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION, INC AND WITH FU- TURE APPLICANTS WHO MEET PROGRAM GUIDELINES, ADOPTING NEW PRO- GRAM GUIDELINES TO PROVIDE FOR SINGLE FAMILY EQUIVALENT IMPACT FEE INCENTIVE GRANTS TO PAY WATER AND WASTEWATER IMPACT FEES FOR SIN- GLE FAMILY AFFORDABLE HOUSING RESIDENTIAL UNITS, EXTENDING AND RE- AUTHORIZING THE IMPACT FEE INCENTIVE GRANT PROGRAM FOR AFFORDABLE HOUSING, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Cotmcll passed Resolutmn No 98-052 on September 15, 1998 to provide for single farmly eqmvalent grants to pay water and wastewater capital recovery fees for thirty-nme affordable hous,ng res~dentml un~ts constructed within the corporate 1,mits of the c~ty by non-profit corporataons, prowded the units comply with criteria for affordabfl~ty, habltab~hty, and other reqmrements estabhshed by the City, and WHEREAS, the City Councd- as reqmred by Resolution No 98-052 has rewewed the Impact Fee Incentive Grant Program for Affordable Housing and has decided to extend the Pro- gram through the 1999-2000, 2000-2001 and future fiscal years for which funding ~s allocated by the City Councd, and WHEREAS, the Habitat for Humanity of Denton and the Denton Affordable Housing Corporation, Inc are Texas non-profit corporations which bmld affordable housmg un~ts w~thm the City of Denton, and WHEREAS, the Habitat for Humanity of Denton has apphed for $2,527 or one single family eqmvalant grant and the Denton Affordable Housing Corporation, Inc has apphed for $32, 851 or 13 single equivalent grants to pay ~mpact fees to promote affordable housing, and WHEREAS, the Council deems it m the pubhc interest to authorize the City Manager to enter into an Impact Fee Incentive Grant Agreement w~th these non-profit corporations and to take the action set forth below, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SI~CTION 1 That the C~ty Council hereby extends and reauthonzes the Impact Fee In- centive Grant Program through the 1999-2000 and 2000-2001 fiscal years and authorizes the ex- penditure of an mount not to exceed $35,378 for single family eqmvalent grants for the 1999- 2000 fiscal year and $20,216 for single family eqmvalent grants for the 2000-2001 fiscal year and in the amounts approved by the City Counml dunng the budget process for any future fiscal years Page 3 SECTION 2 That the City Manager is hereby authorized to execute Impact Fee Incentive Grant Agreements promchng for single family equivalent impact fee incentive grants to pay wa- ter and wastewater capital recovery fees in the amount of $2,527 to the Habitat for Humamty of Denton and in the amount of $32,851 for the Denton Affordable Housing Corporation, Inc in substantially the form of the attached Agreements, which are made a part of this resolution for all purposes The City Manager is also authorized to use single family equivalent impact fee grants to reimburse these applicants for impact fees already paid for affordable housing encompassed within these Agreements The City Manager is further authorized to execute additional Impact Fee Incentive Grant Agreements when applicants meet the reqmrements and guidelines of the program without the necessxty of further City Council action SECTION 3 That the City Manager is authorized to make the expenditures and take the actions set forth in the attached Agreements SECTION 4 That the attached City of Denton Impact Fee Incentive Grant Program Grade- lines and Application Informataon are hereby approved and shall replace the previous Gmdehnes SECTION 5 That save and except as amended hereby, all the sections, sentences, clauses and phrases of ResoluUon No 98-052 shall remmn in full force and effect SECTION 6 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED tbas the __ day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY / Page 4 Page 2 of 2 City of Denton Impact Fee Incentive Grant Program Guidelines and Application Information 1. Purpose. There is hereby estabhshed an Impact Fee Incentive grants standard pohcy to provide non-profit corporations incentives to construct affordable housing w~thm thc C~ty of Denton, sometimes hereinafter referred to as "pohcy", for the following purposes (a) To reduce the housmg cost burden for low and moderate ~ncome households, (b) To prowde home ownership opportumt~es for low income households, (c) To prowde affordable housing for low ~ncome elderly and disabled households, and (d) To expand affordable housing units w~th~n the corporate hm~ts of the C~ty of Denton to encourage further employment, increase sales tax revenues, to expand economic development, to enhance the C~ty's property tax base (e) To provide an incentive to construct additional affordable housing tm~ts m Denton 2 Definitions. The following words, terms, and phrases, when used m this article, shall have thc meanings ascribed to them m this section, except where the context clearly indicates a different meaning ~4ffordable houstng means owner-occupied single family homes that do not exceed City of Denton Housing Assistance Program cost gmdehnes, or housmg for low ~neome renter households that costs less than 30% of household ~ncomc · Low-lncome househoM means a household that has an annual income less than 80% of the median household income for the Dallas metropohtan area, adjusted for household size, as per the applicable federal defimtxon or as per the findxngs of the United States Secretary of Housxng and Urban Development, in accordance w~th 42 USC §12745 · Non-profit corporatwn means the equivalent of a "not-for-profit" corporation It means a corporation no part of the income of which ~s distributable to ~ts members, d~recturs, or officers and which meets all the requirements of Article 1396 §1 01, et seq, the Non-Profit Corporation Act, Vemons Annotated Civil Statutes · Stnglefarntly equivalent (SFE) shall mean an cqmvalent factor, based on the demand associated with the smallest water meter used m the C~ty ut~hty system SFE's are utlhzed to establish the number of service umts to be allocated to various meter s~zes used ~n the City utihty system Page 5 3 Incentive Grant Standards A Quahfied Constmetmn 1 New owner-occupied single family housmg units, and/or 2 New renter-occupied, elderly or d~sabled mult~famfly housing B Quahfied Occupants 1 Lowqncome households (see Attachment A), and/or 2 Lowqncome elderly or d~sabled households C Quahfied Developers Non-for-profit eorporattons that develop affordable housmg D Quahfied Areas 1 Propertaes w~th~n the corporate hm~ts of the Cay of Denton, and 2 Propemes subject to water/wastewater ~mpact fees E Maximum Housing Cost 1 Price cap of owner-occupied unit(s) t~ed to the annual reqmrements of the C~ty of Denton's Homebuyer Assistance Program 2 Price cap of renter-occupied umts may not exceed the fair market rents estabhshed by the Denton Housing Authority (DHA), or may not exceed fair market rents estabhshed by HUD for the Dallas/Fort Worth area ff DHA fair market rents are not avmlable F Dwelhng Umt Longewty 1 Quahfied owner-occupants must mmntaln ownership and reside ~n the umt recelwng the grant for a m~mmum period of five (5) years 2 Ehg~ble multi-family housmg un~ts must not exceed total housing cost reqmrements for a period of not less than ten (10) years G Other Reqmrements 1 The affordable housing umt must be served by emst~ng City infrastructure and services 2 The design and the construction of the affordable housing umt must meet the cnterm estabhshed by the C~ty of Denton Commumty Development D~ws~on for habitability, affordabfl~ty, accessibility, water conservation, and energy effimency 5 Availability of Incentive Grants Grants avmlable for the encouragement of the constructmn of affordable housing shall be hm~ted to an amount set by C~ty Council on an annual bas~s Each SFE grant allowed may not exceed the amount of $2,527 Grants will be available on a first come, first served bas~s, based upon the date of submittal of an apphcatmn for an ~mpact fee exemption Page 6 4 Grant Approval Process A The Impact Fee Incentive Grant Program will be admlmstered by the City's Commumty Development Division B Determination of eligibility of SFE units for grants for the 1998-99 fiscal year will be based on review ora written application estabhshed by and submitted to the City of Denton Community Development Division C The Community Development Division is authorized to collect any information necessary to determine compliance with the grant requirements D Applicants must complete the apphcatlon and execute the application certification prior to consideration for an exemption(s) E Participant Developers must execute the following documents (Attachments B, C, and D) 1 Impact Fee Incentive Grant Agreement il Note in Deed of Trust F Upon approval of the application and execution of the documents listed above by the participant developers, the City Manager will execute the Impact Fee Incenttve Grant Agreement The agreement will be forwarded to the Community Development Division G Upon receipt of the Impact Fee Incentive Grant Agreement, the City of Denton Community Development Division Administrator will provide an Impact Fee Incentive Grant Certification to the City of Denton Bmldlng Official identifying the service addresses of the affordable housing units selected to receive grants The written notice from the Community Development Division manager must be made before the issuance of a bmldlng permit authorizing the start of construction of the housing unit F SFE grant funds will not normally be provided directly to the Qualified Developer The amount of applicable SFE grant funding will be transferred by the Community Development Division to the Water/Wastewater Department upon issuance of an Impact Fee Incentive Grant Certification If impact fee payments have been made by the Quahfied Developer on the runt(s) that have been awarded a grant(s), the Community Development Division will process a reimbursement G If the applicant fails to fimsh construction of the affordable housing unit within fifteen months after certification, the Community Development Division Manager may revoke the certification and require payment of the impact fees IMPACT FEE INCENTIVE GRANT APPLICATION Applications will be reviewed by the Community Development Division on a first- come, first-served basis. Upon approval of the application, Community Development will notify the Water/Wastewater Department and the Building Inspections Division of the service addresses of the units selected to receive impact fee incentive grants. Page 7 Applicants for the Impact Fee Incentive Grant Program must submit the following ~nformat~on and an executed copy of the "Apphcat~on Certification"to Commumty Development Division 100 W. Oak Street, State 208 Denton, Texas, 76201 Please call 940-349-7726 for application assistance. I Applicant Information 1 Name, address and telephone number of the nonprofit organlzatlon 2 Name and telephone of executive director or contact person 3 List of Board of Directors members and officers 4 Attach documentatwn oftncorporatton and 501(c)(3) nonprofit status tncludtng Artwles of Incorporation, and letter from Secretary of State's Office showing corporation currently tn good standtng and any documentatton from tnternal revenue servtce showtng tax exempt, non- profit status II Development Information 1 Name of development 2 Location (Please prowde a general locatmn and a legal description of the property ) Attach a map showtng the rote 3 Describe the current status of the project - zomng issues, property acqmsltlon, site preparation, bmldlng plans, reqmred permits/approvals, projected start of construction and completion dates Attach documentatton of site control 4 Provide a project budget including a hst of all financing sources Attach coptes of award letters or other documentatton of secured financtng 5 Other a Number of affordable single family umts b Number of affordable mult~famfly units (elderly & &sabled) c Statement from Building Inspections Department regarding the number of exemption needed for the project d Dollar amount of incentive grants requested (c multlphed by $2,527) III Affordabthty Information 1 Describe how the orgamzatlon will estabhsh and enforce the reqmred period of affordabthty for the umt(s) 2 What ~s the household income level of the project beneficiaries9 3 Describe the orgamzatlon's household income verification procedures 4 Attach a rent schedule for each affordable rental umt 5 Attach aprtce schedule for each affordable owner umt Page 8 City of Denton Impact Fee Incentive Grant Program Application Certification I, the undersigned duly authorized representative of a Texas not-for-profit corporation which meets the requirements of the Texas non-profit corporation act, (the "Applicant") owner of the proposed residential development described in the attached documents, do hereby make application to the City of Denton for (number) SFE impact fee ~ncentlve grants I do hereby and declare, certify and represent as follows 1 The applicant intends to construct single family units to be sold to qualified homebuyers or construct and operate a unit multi-family rental residential development (the Development) to be located w~thln the C~ty of Denton, Texas and desires that the City Provide grants of pubhc funds to assist the Development from payment of water/wastewater impact fees ~n accordance w~th the Impact Fee Incentive Grant Program Gmdehnes 2 The Apphcant has received a copy of the Impact Fee Incentive Grant Program Gmdehnes vath accompanying attachments, has reviewed the documents and hereby agrees to comply with all terms and provisions of the guldehnes 3 The Applicant has submitted a completed copy of the Impact Fee Incentive Grant Program Application and to the best of my knowledge, the information contained therein is true and correct 4 The Applicant, ffawarded an incentive grant, hereby agrees to execute a grant agreement (Attachment B) w~th the City of Denton for receipt of the grant The Contract contains such provisions as are necessary to carry out the requirements of the Impact Fee Incentive Grant Program 5 Before issuance of the Certification of Impact Fee Incentive Grant approval, the Applicant will execute a Note (Attachment C) payable to the City of Denton ~n the amount of the number of incentive grants granted times $2,527 and a Deed of Trust (Attachment D) and or restrictive covenant as reqmred, sufficient to assure that the unit(s) receiving the incentive grant will be occupied by an eligible fmmly w~th income below 80% of the median family income for the Dallas area and requmng an affordablhty period of five years for owner-occupied housing and ten years for multlfamlly housing If the unit is not occupied within 15 months of the issuance of the Certificate of Impact Fee Incentive Grant Program approval, the Applicant will pay the $2,527 per unit required impact fee and such fee will be forwarded to the Utthtles Department Page 9 Based on the foregoing, the Apphcant requests that the C~ty of Denton grant the requested exemption m accordance w~th the Impact Fee Incentive Grant Program Gmdehnes WITNESS MY HAND THIS DAY OF ., APPLICANT BY T~tle Page 10 City of Denton Impact Fee Incentive Grant Program Application Certification I, the understgned duly authorized representaUve of P'~r0~q .l~?O~t>^~3L~- ]~o,,,'~,~ C, a Tex~ not-for-profit co~orat~on which meets the reqmremen~ of ~e Texas non-profit co~orauon act, (the "Apphe~t") o~er of~e proposed resiflentml development described m the a~aehed doe~ents, do hereby m~e apphcat~on to the Cx~ of Denton for /~ (number) SFE ~mpact fee ~ncentive grits I do hereby ~d deel~e, cem~ ~d represent ~ follows 1 ~e apphc~t ~t~nds to cons~ct ~ single f~fly ~ns to be sold to quahfied homebuyers~ons~ct ~d operate a / 8 ~t mulu-f~fly rental res~dent~ development (~e Development) to be located ~ ~e CiW of Denton, Tex~ ~d destres ~at the C~W Provide ~ants of pubhc ~ds to ~s~st the Development ~om payment of water/w~tewater impact fees m accord~ce ruth ~e Impact Fee Incentive Or~t Progrm Omdehnes 2 ~e Apphc~t h~ received a copy of~e Impact Fee Incenuve Gr~t Progrm Omdelmes m~ accomp~ymg a~ac~ents, h~ remewed the docments ~d hereby agrees to comply ~th all terns md provisions of~e gmdelmes 3 ~e Apphc~t h~ submi~ed a completed copy of ~e Impact Fee Incenttve Or~t Progrm Apphcat~on ~d to ~e best of my ~owledge, ~e ~omaUon cont~ned ~erem is me ~d eoneet 4 ~e Apphcmt, ~f aw~ded ~ mcent~ve gr~t, hereby a~ees to execute a gr~t agreement (A~ac~ent B) ~th ~e ClW of Denton for receipt of~e gr~t ~e Contract contorts such prows~om ~ ~e necess~ to ca~ out the requ~ements of~e Impact Fee Incentive Or~t Progrm 5 Before ~ssu~ce of~e Cemficatmn of Impact Fee Incenuve Gr~t approve, the Apphe~t ~11 execute a Note (Aaac~ent C) payable to ~e CaW of Denton m the mount of~e nmber of incentive ~ts ~ted umes $2,527 md a Deed of Trust (A~ac~ent D) md or resmct~ve covenmt as reqmred, suffictent to ~s~e ~at the mt(s) rece~wng the incentive gr~t mil be occupted by ~ ehg~ble fmfly m~ ~ncome below 80% of~e med~ fmfly income for the Dall~ ~ea ~d requmng ~ affordablh~ period of five yeas for omer-oecupted housing ~d ten ye~s for multifmfly housing If~e mt is not occupied w~ln 15 monks of the ~ssu~ce of the Cemfieate of Impact Fee Incentive Gr~t Progrm approval, the Apphc~t roll pay ~e $2,527 per ~lt reqmred ~mpact fee ~d such fee roll be founded to ~e UUhues Dep~ment Page 11 Based on the foregoing, the Applicant requests that the C~ty of Denton grant the requested exemption m accordance with the Impact Fee Incentive Grant Program Omdel,nes WITNESS MY HAND THIS ,~q O .r~ DAY OF '~/1~ ~'-{ , ,~ o e, o Page 12 City of Denton Impact Fee Incentive Grant Program Application Certification a Texas not-for-profit corporation which meets the requirements Of the Texas non-pr.6fit corporation act, (the "Applicant") owner of the proposed residential development described in the attached documents, do hereby make application to the City of Denton for I (number) SFE impact fee incentive grants I do hereby and declare, certify and represent as follows 1 The applicant intends to construct { oingle family units to be sold to qualified homebuyers or construct and operate a { trait multi-family rental res~dential development (the Development) to be located within the Cay of Denton, Texas and desires that the City Provide grants ofpubhc funds to assist the Development from payment of water/wastewater impact fees in accordance vath the Impact Fee Incentive Grant Program Guidelines 2 The Applicant has received a copy of the Impact Fee Incentive Grant Program Guidelines with accompanying attachments, has reviewed the documents and hereby agrees to comply with all terms and provisions of the guidelines 3, The Applicant has submitted a completed copy of the Impact Fee Incentive Grant Program Apphcat~on and to the best of my knowledge, the information contmned therein is tree and correct 4 The Applicant, if awarded an incentive grant, hereby agrees to execute a grant agreement (Attachmant B) with the City of Denton for receipt of the grant The Contract contains such provisions as are necessary to carry out the requirements of the Impact Fee Incentive Grant Program 5 Before issuance of the Certification of Impact Fee Incentive Grant approval, the Applicant will execute a Note (Attachment C) payable to the City of Denton in the mount of the number of incentive grants granted times $2,527 and a Deed of Trust (Attachment D) and or restrictive covenant as required, sufficient to assure that the untt(~) receiving the incentive grant will be occupied by an eligible family with income below 80% of the median family income for the Dallas area and requmng an affordab~,hty period of five years for owner-occupied housing and ten years for mulufamdy housing If the unit is not occupied within 15 months of the issuance of the Cemficate of Impact Fee Incentive Grant Program approval, the Applicant vail pay the $2,527 per unit required impact fee and such fee wdl be forwarded to the Utthties Department Page 13 Based on the foregoing, the Applicant requests that the C,ty of Denton grant the requested exemption m accordance with the Impact Fee Incentive Grant Program Gmdehnes WITNESS MY HAND THIS DAY OF ,f)/9~ APPLICANT Page 14 State of Texas County of Denton IMPACT FEE INCENTIVE GRANT AGREEMENT This Impact Fee Incentive Grant Agreement hereinafter referred to as the AGREEMENT ~s made and entered into as of the August 22, 2000 by and between the City of Denton, a Texas municipal corporatton, with its pnnclpal office at 215 E McKmney Street, Denton, Texas, hereinafter referred to as CITY, and Denton Affordable Housing Corporation, a Texas non-profit corporation with its principal office at 303 N Carroll Blvd, Suite 108, Denton, Texas, 76201 hereinafter referred to as APPLICANT, acting by and through their duly authorized representative WHEREAS, the City Council acknowledges the current shortage of affordable housing in the cny and the need for local government to encourage construction of additional affordable housing units, and WHEREAS, the City Council has determined that prowdlng an incentive for construction of additional affordable housing units in the City of Denton will serve the public interest by expanding opportunities for home ownership and by encouraging further employment, increasing sales tax revenues, expanding economic development and enhancing the City's property tax base, and WHEREAS, Section 395 016(g) of the local government code provides that the C~ty may reduce or waive an impact fee for any service umt that would quahfy for affordable housing under 42 U S C 12745 as amended, and may reassess the ~mpact fee ff the affordable housing unit is not constructed, and WHEREAS, the City Council approved Resolution No 98-052 on September 15, 1998 to provide single family eqmvalent grants to pay the water and wastewater capital recovery fee for 39 affordable housing residential units constructed within the corporate hm~ts of the C~ty by non-profit corporations, ~f the units comply w~th the criteria for affordabthty, habitability and other requirements established by the C~ty, and WHEREAS, as a condmon to the ~ssuance of the Impact Fee Incentive Grant Certification, the APPLICANT agrees to execute a note payable to the CITY in the amount of the number of incentive grants times the sum of $2,527, Deed of Trust and other documentation required by CITY to establish an enfomeable obhgatton by the APPLICANT to repay the City an amount equal to the capital recovery fee otherwise applicable to the housing unn(s) if the APPLICANT does not comply w~th the requirements of Resolution No 98-052 and this AGREEMENT NOW, THEREFORE, for good and valuable consideration, the parties agree as follows Grant Agreement Page 15 Page I of 6 ARTICLE I 1 Incentive Grant Upon the City's certification through their duly authorized representatives that the applicant has fully comphed with ali the requirements of the Impact Fee Incentive Grant Program, the City shall authorize transfer to the Water/Wastewater Impact Fee program the amount of Thirty-Two Thousand, Eight Hundred and Fifty-One Dollars ($32,851) hereinafter referred to as the GRANT which represents the number of single family equivalent impact fee incentive grants times the sum of $2,527 subject to the conditions and restrictions set forth herein and those set forth in (a) a note payable to the order of the CITY and secured by (b) a Deed of Trust executed by the APPLICANT and establishing a lien on the Property by the CITY and further subject to City Resolution No 98-052 and the City of Denton Impact Fee Incentive Grant Program Guidelines and application information and providing for a partial release The Property shall be defined to mean the certain real property that includes individual lots more particularly described on Exhibit "A" attached to this AGREEMENT and by this reference incorporated in it, all fixtures and improvements situated thereon and all rights, titles and interests appurtenant thereto 2 Construction of the Property APPLICANT agrees to execute and record the Deed of Trust in a form approved by the City and execute the City Note before the commencement of work APPLICANT must commence construction of the residential housing unit(s), as evidenced by the issuance ora building permit, within fifteen months of the issuance of the Impact Fee Incentive Grant Certification 3 Housing Unit Requirements APPLICANT shall locate the housing unit within the corporate limits of the City of Denton, shall meet City of Denton zoning and building requirements, shall be served by existing City infrastructure and services and shall meet the criteria established by the CITY for affordabthty and habitability 4 Construction Completion Date APPLICANT shall complete construction of the residential housing umt(s) and sell or rent the units to Qualified Occupants within 15 months &the issuance of the Impact Fee Incentive Certification 5 Transfer of Housing Umt Pursuant to City of Denton Resolution No 98-052, and the program guidelines, APPLICANT must complete, rent (in the case of multifamlly rentals) or sell to a homebuyer (in the case of single family homes) the Property to a person with a gross household income not exceeding 80% of the median household income for the Dallas metropolitan area, adjusted for household size as per the applicable federal definition or as per the findings of the United States Secretary of Housing and Urban Development, in accordance with 42 USC § 12745 hereafter referred to as QUALIFIED OCCUPANT within 15 months of issuance of the Impact Fee Incentive Grant Certification Prior to rental or sale of a housing unit, APPLICANT shall submit to CITY a statement of income eligibility in a form required by CITY that demonstrates a QUALIFIED OCCUPANT's income status At the closing for a sale ora housing unit, APPLICANT shall submit to CITY a Lender's certification that demonstrates the Buyer's Grant Agreement Page 2 of 6 Page 16 status meets the reqmrements of a QUALIFIED OCCUPANT The mult,famlly rental units must be occupied by QUALIFIED OCCUPANTS for a period often years from the date of complet,on or the date of,mtml occupancy, whichever ,s later The rental rates for umts may not exceed the market rates established by the Denton Housing Authority or fair market rates estabhshed by HUD for the Dallas/Ft Worth area ,fDHA rates are not available The single fam,ly homebuyer units must be occupied by QUALIFIED OCCUPANTS for a period of five years from the date of sale 6 Grant Repayment and Partml Release If APPLICANT fads to comply w~th the terms of the AGREEMENT and City Note, APPLICANT shall repay the Grant to the CITY, and shall comply w,th the terms of any note held by the C,ty securing payment Grant payments shall first be credited against any unsecured portmn of the Grant and shall be made to the CITY or to ,ts Grant servmer, at the CITY's d~rect~on Prov,ded APPLICANT complies fully w~th the terms ofthts AGREEMENT and the Gmdehnes and is not ,n default under the terms of the City Note, or any other ,nstrument securing the Note or executed ,n connect,on therewith and upon payment to CITY or construct,on or rental or sale of the property as set forth below for each lot to be released, CITY, ,ts successors, or ass,gns, upon request of APPLICANT, shall release each lnd,v,dual lot of the Property from the hens and security interests of th~s AGREEMENT, City Note or any other ,nstrument seeunng the C,ty Note as follows Upon proof and cemficatmn to CITY that (a) APPLICANT has sold or rented each lnd,vldual lot of the property to an ehglble family in accordance with the AGREEMENT, and Resolut,on No 98-052 and APPLICANT has met all reqmred standards or (b) upon APPLICANT's City Note payment of $2,527 00 per single family equivalent grant Nothing contained hereto shall hmlt CITY's rights under this Agreement, Trust Deed, City Note, or any instrument securing the City Note 7 Vacate, Sell, Transfer or Refinance InthecaseofdefaultbyAPPLICANT, the CITY's balance and interest accrued shall be due and payable upon such sale or transfer, rental or lease of the Property or refinancing of the Grant At the request of the APPLICANT, the C,ty may, at ,ts sole discretion, waive the requirements of the sect,on and extend the term of the Grant 8 Property Inspections APPLICANT agrees that the Property may be inspected by the C,ty from time to time to determine that APPLICANT is in compliance w,th the AGREEMENT 9 Kecords and Reports APPLICANT shall provide such records and reports as CITY may require which demonstrate compliance with this AGREEMENT 10 Program Violations APPLICANT agrees and understands that violatmn of the covenants, terms, and conditions of this AGREEMENT constnutes a default hereunder, and that CITY shall have the right, upon glv,ng thirty (30) days written notfficat,on to the APPLICANT, to 1) revoke the Impact Fee Incentive Grant Certificate Grant Agreement Page 3 of 6 Page 17 by providing written notice from the City's Community Development Dlws~on as to housing unit(s) where the construction has not received City of Denton building penmts and where construction ~s not completed and the unit(s) sold or rented within 15 months of the date of exeeutmn of th~s AGREEMENT as required by the Impact Fee Incentive Grant Program Gmdehnes and Resolution No 98-052, and accelerate the City Note by an amount equal to the Impact Fee Single Family Equivalent Grant amount applicable to said housing umt(s), or 2) call any note secunng the principal amount plus any accrued interest and declare it due and payable Hawng given such thirty (30) day notification, and not receiving the full payment from APPLICANT, the CITY may bring legal action in a court of law or pursue any other legal remedy APPLICANT agrees to pay for any costs or fees incurred by CITY in its attempts to collect such debt 11 Non-WmverofProwsions Fallure to exercise any nght the CITY may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right ~n the event of a subsequent default 12 Legal Declaration oflnvahdity Not withstanding anythlng to the contrary ~n this Agreement should a court of competent junsdmtlon declare this Incentive Grant Program to be lnvahd and reqmre the refund to the C~ty of all grants awarded under the program, the APPLICANT shall immediately refund all grants received under this AGREEMENT and the program w~th all interest required under the Note and in accordance with the Court Order 13 Severabfl~tyofProwstons Ifanyprows~onofthtsAGREEMENT~sheldto be ~nvahd, illegal, or unenforceable by a court of competent junsdlctmn, that holding (1) shall not mvahdate the remmnder ofth~s AGREEMENT, (2) shall be limited to the specific parts of this AOREEMENT described in that holding, and (3) shall not affect the validity ofth~s AGREEMENT in any way or ~n any other instance 14 Indemmfication APPLICANT shall defend, lndemmfy and hold harmless the CITY, its officers, agents, employees and representatives from and agmnst any loss, habdtty, claim or judgement including attorney's fees and court costs relating ~n any manner to the performance of this AGREEMENT 15 Governing Law This AGREEMENT shall be performable in Denton County, Texas, and shall be governed by the laws of the State of Texas Venue shall be tn Denton County, Texas APPLICANT agrees to comply wath the terms and condltlons of the Agreement, state and local laws Any changes in applicable laws or authorities are automatically incorporated harem without specific reference 16 Amendment to Grant Agreement Nomodlfications, resc~sslon, walver, release or amendment of any provision of this AGREEMENT shall be made except by written agreement executed by the APPLICANT and the CITY 17 City May Assign The CITY may, at ~ts option, assign ~ts right to receive repayment of the Grant without obtaining the consent of the APPLICANT Grant Agraament Page 4 of 6 Page 18 18 APPLICANT Ass:gnment Proh~btted In no event shall APPLICANT asstgn or transfer any portion of this AGREEMENT w~thout the prior express written consent of CITY, which consent may be g~ven or withheld at the CITY's sole dtscretton 19 EnttreAgreement ThtsAGREEMENTsupersedesallpnornegottat~ons, d~scuss~ons and prewous agreements between the CITY and APPLICANT concermng all or any part of the subject matter ofthts AGREEMENT 20 Notices A notice ofcommumcation between the part~es to this AGREEMENT shall be sufficiently g~ven or dehvered ~f dispatched by certffied mad, postage prepmd, return receipt requested, as follows A Notme or commumcatton to CITY shall be directed to Commumty Development Adm~mstrator Commumty Development Dtvtston 100 W Oak State 208 Denton, Texas 76201 B Nottce or commumcatton to the APPLICANT shall be d~rected to Jane Burda Provo Denton Affordable Housing Corporation 303 N Carroll Blvd State 108 Denton, Texas 76201 Grant Agreement Page 5 of 6 Page 19 APPLICANT BY Jane Burda Prc~vo,"Execut~ve D~r~ec~or Date Denton Affordable Housing Corporation THE STATE OF TEXAS § COUNTY OF TEXAS § Th~s tnstrument was acknowledged before me on August 22, 2000 by Jane Burda Prove, Executtve Dtmctor, Denton Affordable Housing Corporation, a Texas non-profit corporaUon, on behalf of satd corporation Notary Pubhc ~n ~ad for Texas ATTEST CITY Jenmfer Walters, C~ty Secretary M~chael W Jez, C~ty Manager APPROVED AS TO LEGAL FORM Herbert L Prouty By Attached Exhibits Exhtbtt A - Legal Dascnptton of Property Exhibit B- Impact Fee Incentive Program Gmdehnes Grant Agreement Page 6 of 6 Page 20 State of Texas County of Denton IMPACT FEE INCENTIVE GRANT AGREEMENT Th~s Impact Fee Incentive Grant Agreement hereinafter referred to as the AGREEMENT ~s made and entered Into as of the August 22, 2000 by and between the City of Denton, a Texas mumctpal corporatton, with tts principal office at 215 E McKlnney Street, Denton, Texas, hereinafter referred to as CITY, and Habttat for Humanity of Denton, a Texas non-profit corporation with its principal office at PO Box 425, Denton, Texas, 76202 hereinafter referred to as APPLICANT, acting by and through their duly authorized representative WHEREAS, the City Council acknowledges the current shortage of affordable housing ~n the mty and the need for local government to encourage constructmn of addtt~onal affordable housing umts, and WHEREAS, the City Council has determined that providing an incentive for constructmn of additional affordable housing units m the Ctty of Denton wtll serve the pubhc interest by expandmg opportunities for home ownership and by encouraging further employment, ~ncreaslng sales tax revenues, expanding economtc development and enhancing the C~ty's property tax base, and WHEREAS, SecUon 395 016(g) of the local government code provides that the C~ty may reduce or wmve an ~mpact fee for any servme umt that would quahfy for affordable housing under 42 U S C 12745 as amended, and may reassess the ~mpact fee ~f the affordable housing unit is not constructed, and WHEREAS, the Ctty Council approved Resolution No 98-052 on September 15, 1998 to provide single family eqmvalent grants to pay the water and wastewater capital recovery fee for 39 affordable housing residential umts constructed within the corporate hmlts of the City by non-profit corporauons, if the units comply with the cnterm for affordablhty, habitability and other reqmrements estabhshed by the Cxty, and WHEREAS, as a condmon to the ~ssuance of the Impact Fee Incentive Grant Certification, the APPLICANT agrees to execute a note payable to the CITY tn the amount of the number of incentive grants times the sum of $2,527, Deed of Trust and other documentation required by CITY to estabhsh an enforceable obligation by the APPLICANT to repay the City an amount equal to the capital recovery fee otherwise apphcable to the houstng unit(s) ffthe APPLICANT does not comply with the reqmrements of ResoluttonNo 98-052 and thls AGREEMENT NOW, THEREFORE, for good and valuable consideration, the part~es agree as follows Grant Agreement Page 21 Page I of 6 ARTICLE I 1 Incentive Grant Upon the City's certification through their duly authorized representatives that the applicant has fully complied with all the requirements of the Impact Fee Incentive Grant Program, the City shall authorize transfer to the Water/Wastewater Impact Fee program the amount of Two Thousand, Five Hundred and Twenty-Seven ($2,527) hereinafter referred to as the GRANT which represents the number of single family equivalent impact fee incentive grants t~mes the sum of $2,527 subject to the conditions and restrictions set forth herein and those set forth in (a) a note payable to the order of the CITY and secured by (b) a Deed of Trust executed by the APPLICANT and establishing a lien on the Property by the CITY and further subject to City Resolution No 98-052 and the City of Denton Impact Fee Incentive Grant Program Guidelines and application information and providing for a partial release The Property shall be defined to mean the certain real property that includes individual lots more particularly described on Exhibit "A" attached to this AGREEMENT and by thls reference incorporated in it, all fixtures and improvements situated thereon and all rights, titles and interests appurtenant thereto 2 Construction of the Property APPLICANT agrees to execute and record the Deed of Trust in a form approved by the City and execute the City Note before the commencement of work APPLICANT must commence construction of the residential housing umt(s), as evidenced by the issuance of a building permit, w~thln fifteen months of the issuance of the Impact Fee Incentive Grant Certification 3 Housing Unit Requirements APPLICANT shall locate the housing unit within the corporate limits of the City of Denton, shall meet C~ty of Denton zomng and braiding requirements, shall be served by existing City infrastructure and services and shall meet the criteria established by the CITY for affordabihty and hab~tabihty 4 Construction Completion Date APPLICANT shall complete construction of the residential housing unit(s) and sell or rent the units to Qualified Occupants within 15 months of the issuance of the Impact Fee Incentive Cemficat~on 5 Transfer of Housing Unit Pursuant to City of Denton Resolution No 98-052, and the program guidelines, APPLICANT must complete, rent (In the case of multIfamdy rentals) or sell to a homebuyer 0n the case of single family homes) the Property to a person w~th a gross household income not exceeding 80% of the median household income for the Dallas metropolitan area, adjusted for household size as per the applicable federal defimtion or as per the findings of the United States Secretary of Housing and Urban Development, In accordance wath 42 USC § 12745 hereafter referred to as QUALIFIED OCCUPANT within 15 months of issuance of the Impact Fee Incentive Grant Certification Prior to rental or sale of a housing unit, APPLICANT shall submit to CITY a statement of income eligibility in a form required by CITY that demonstrates a QUALIFIED OCCUPANT's income status At the closing for a sale of a housing unit, APPLICANT shall submit to CITY a Lender's certification that demonstrates the Buyer's Grant Agreement Page 22 Page 2 of 6 status meets the reqmrements of a QUALIFIED OCCUPANT The multtfamfly rental umts must be occupied by QUALIFIED OCCUPANTS for a period often years from the date of completion or the date oflmtial occupancy, whichever is later The rental rates for units may not exceed the market rates established by the Denton Housing Authority or fair market rates established by HUD for the Dallas/Fi Worth area lfDHA rates are not available The single family homebuyer units must be occupied by QUALIFIED OCCUPANTS for a period of five years from the date of sale 6 Grant Repayment and Partial Release If APPLICANT fails to comply with the terms of the AGREEMENT and City Note, APPLICANT shall repay the Grant to the CITY, and shall comply with the terms of any note held by the City securing payment Grant payments shall first be credited against any unsecured portion of the Grant and shall be made to the CITY or to its Grant servicer, at the CITY's direction Provided APPLICANT comphes fully with the terms of this AGREEMENT and the Guidelines and ~s not in default under the terms of the City Note, or any other instrument secunng the Note or executed in connection therewith and upon payment to CITY or construction or rental or sale of the property as set forth below for each lot to be released, CITY, its successors, or assigns, upon request of APPLICANT, shall release each individual lot of the Property from the liens and security interests of this AGREEMENT, City Note or any other instrument securing the City Note as follows Upon proof and certification to CITY that (a) APPLICANT has sold or rented each individual lot of the property to an ehg~ble family in accordance with the AGREEMENT, and Resolution No 98-052 and APPLICANT has met all required standards or (b) upon APPLICANT's City Note payment of $2,527 00 per s~ngle family equivalent grant Nothing contained herein shall limit CITY's rights under this Agreement, Trust Deed, City Note, or any instrument secunng the City Note 7 Vacate~ Sell, Transfer or Refinance In the case of default by APPLICANT, the CITY's balance and interest accrued shall be due and payable upon such sale or transfer, rental or lease of the Property or refinancing of the Grant At the request of the APPLICANT, the City may, at its sole discretion, wmve the requirements of the section and extend the term of the Grant 8 Property Inspections APPLICANT agrees that the Property may be inspected by the City from time to time to determine that APPLICANT is in compliance w~th the AGREEMENT 9 Records and Reports APPLICANT shall provide such records and reports as CITY may require which demonstrate compliance with this AGREEMENT 10 Program V~olatlons APPLICANT agrees and understands that violation of the covenants, terms, and conditions of this AGREEMENT constitutes a default hereunder, and that CITY shall have the right, upon giving thirty (30) days written notification to the APPLICANT, to I) revoke the Impact Fee Incentive Grant Certificate Grant Agreement Page 3 of 6 Page 23 by prowdmg written notice from the City's Commtmlty Development Diwsion as to housing unit(s) where the construction has not received City of Denton building permits and where construction is not completed and the umt(s) sold or rented within 15 months of the date of execution of this AGREEMENT as required by the Impact Fee Incentive Grant Program Ouadehnes and Resolution No 98-052, and accelerate the City Note by an amount equal to the Impact Fee Single Family Equivalent Grant amount applicable to sa~d housing unit(s), or 2) call any note securing the principal amount plus any accrued interest and declare at due and payable Having given such thirty (30) day notaficauon, and not receiving the full payment from APPLICANT, the CITY may brmg legal action an a court of law or pursue any other legal remedy APPLICANT agrees to pay for any costs or fees incurred by CITY in ars attempts to collect such debt ll Non-Waaver of Provisions Faflure to exerc~se any right the CITY may have or be entitled to, ~n the event of defanlt hereunder, shall not constitute a waiver of such right or any other right in the event ora subsequent default 12 Legal Declaration of Invahdity Not withstanding anything to the contrary m this Agreement should a court of competent jurisdiction declare th~s Incentive Grant Program to be mvahd and reqmre the refund to the C~ty of all grants awarded under the program, the APPLICANT shall immediately refund all grants received under this AGREEMENT and the program with all interest reqmred under the Note and in accordance with the Court Order 13 Severablhty of Provisions If any provision ofth~s AGREEMENT is held to be mvahd, illegal, or unenforceable by a court of competent.lurlsdICtlOn, that holding (1) shall not mvahdate the remainder of th~s AGREEMENT, (2) shall be hmited to the specific parts of th~s AGREEMENT described an that holding, and (3) shall not affect the vahdaty of this AGREEMENT ~n any way or in any other instance 14 Indemmficataon APPLICANT shall defend, Indenmify and hold harmless the CITY, ~ts officers, agents, employees and representatives from and against any loss, habflaty, claim or.ludgement including attorney's fees and court costs relating in any manner to the performance ofth~s AGREEMENT 15 Oovermng Law Th~s AGREEMENT shall be performable in Denton County, Texas, and shall be governed by the laws of the State of Texas Venue shall be an Denton County, Texas APPLICANT agrees to comply with the terms and conditions of the Agreement, state and local laws Any changes an applicable laws or authorities are automatically ~ncorporated here~n without specific reference 16 Amendment to Orant Agreement Nomodificataons, resciss~on, waIver, release or amendment of any provision of this AGREEMENT shall be made except by written agreement executed by the APPLICANT and the CITY 17 City May Assign The CITY may, at ItS option, assign 1ts right to receive repayment of the Grant without obtaimng the consent of the APPLICANT Grant Agreement Page 24 Page 4 of 6 18 APPLICANT Assignment Prohibited In no event shall APPLICANT assign or transfer any portion of this AGREEMENT vathout the prior express written consent of CITY, which consent may be given or withheld at the CITY's sole discretion 19 Entire Agreement This AGREEMENT supersedes all prior negotiations, discussions and previous agreements between the CITY and APPLICANT concerning all or any part of the sub.leet matter of this AGREEMENT 20 Notices Anotlceofcommumcatlonbetweenthepart~estothls AGREEMENT shall be sufficiently given or delivered if dispatched by certified mall, postag~ prepaid, return receipt requested, as follows A Notice or commumcatlon to CITY shall be directed to Community Development Administrator Community Development Division 100 W Oak Suite 208 Denton, Texas 76201 B Notice or communication to the APPLICANT shall be directed to Jill Grozev Habitat for Humanity of Denton PO Box 425 Denton, Texas 76202 APPLICANT Grant Agreement Page Page 5 of 6 APPLICANT BY Jill C~ev, Executf.,'~D~rector Date Habxtat for Humanity of Denton THE STATE OF TEXAS § COUNTY OF TEXAS § Th~s instrument was acknowledged before me on August 22, 2000 by Jill Grozev, Executxve Dxrector, Habnat for Humamty of Denton, a Texas non-profit corporatmn, on behalf of smd corporatxon Notary Pubhc ~n and for Te~(as ATTEST CITY Jennifer Walters, Ctty Secretary M~chael W Jez, Ctty Manager APPROVED AS TO LEGAL FORM Herbert L Prouty By Attached Exhibits Exhibit A - Legal Description of Property Exhibit B~ Impact Fee Incentive Program Gmdehnes Grant Agreement Page 26 Page 6 of 6 ' Oe.da.o -- Menda item AGENDA INFORMATION SHEET 0at0_ AGENDA DATE, September 5, 2000 DEPARTMENT: Management and Budget ACM Kathy DuBose, Assistant City Manager, Fiscal and Municipal Servlc~s~ SUBJECT An ordinance adopting the budget of the City of Denton, Texas for the fiscal year begmmng October 1, 2000 and ending September 30, 2001, and declaring an effective date BACKGROUND Please find attached an ordinance to adopt the 2000-2001 Budget as d~rected by City Council on August 29, 2000 The City Council received the 2000-2001 Proposed Budget on July 31, 2000 Council budget stuches were held on August 15, August 22 and August 29, 2000 And finally, the Pubhc l-Ieanng on the 2000-01 Proposed Budget was conducted on August 29, 2000 The tax rate used to balance the General Fund budget is $ 52815 per $100 valuation FISCAL INFORMATION The total 2000-2001 budget is listed below General Fund $ 52,592,810 Electric Fund 146,318,047 Water Fund 25,228,926 Wastewater Fund 16,429,432 Solid Waste Fund 10,345,265 Bmldlng Inspections Fund 1,458,546 Tourist & Convention Fund 1,073,760 Fleet Services Fund 3,473,766 Technology Services Fund 4,569,029 Motor P0ol Fund 4,606,407 Recreation Fund 1,249,158 Materials Management Fund 7,886,136 Emily Fowler Fund 95,000 Pohce Confiscation Fund 57,500 General Debt Serwce Fund 7,652,837 $283,036,619 Respectfully submitted Kathy DuBose Assistant City Manager, Fiscal and Municipal Services S \Our Documents\Ordlnances\00\adopt budget doc ORDiNANCE NO AN ORDINANCE ADOPTiNG THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER l, 2000, AND ENDING ON SEPTEMBER 30, 2001, AND DECLARING AN EFFECTWE DATE WHEREAS, notice of a public heanng on the budget for the City of Denton, Texas, for the fiscal year 2000-2001 was heretofore published at least ten days in advance of said public heanng, and WHEREAS, a public heanng on the said budget was duly held on August 29, 2000, and all interested persons were given an opportumty to be heard for or against any item thereof, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The budget for the City of Denton, Texas for the fiscal year begmmng on October l, 2000, and ending on September 30, 200l prepared by the City Manager and filed with the City Secretary, as amended by the City Council, is hereby approved and adopted, a copy of whach budget is attached hereto and incorporated by reference hereto SECTION 2 The City Council hereby appropriates from available resources to the following funds General Fund $ 52,592,810 Elecmc Fund 146,318,047 Water Fund 25,228,926 Wastewater Fund 16,429,432 Solid Waste Fund 10,345,265 Building Inspections Fund 1,458,546 Tourist & Convention Fund 1,073,760 Fleet Services Fund 3,473,766 Technology Services Fund 4,569,029 Motor Pool Fund 4,606,407 Recreation Fund 1,249,158 Materials Management Fund 7,886,136 Emily Fowler Fund 95,000 Police Confiscation Fund 57,500 General Debt Service Fund 7,652,837 Total $283,036,619 SECTION 3 The C~ty Manager is hereby authorized to transfer the mounts of money for employee benefit and salary adjustments as contmned m the 2000-2001 budget to the various departments SECTION 4 The C~ty Manager shall cause cop~es of the budget to be filed w~th the Cay Secretary and County Clerk of Denton County SECTION 5 TNs or&nance shall become effective ~mme&ately 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 17T~ ATTORNEY PAGE 2 Agnnd~ No ~ , Agenda Item _ ~--.~?_ ,-. AGENDA INFORMATION SHEET AGENDA DATE. September 5, 1999 DEPARTMENT. Fiscal Operations, Tax Department ACM: Kathy DuBose ~ SUBJECT Consider an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 2000, on all taxable property within the corporate hm~ts of the City on January 1, 2000, not exempt by law, providing revenues for payment of current municipal expenses, and for interest and stoking fund on outstanding City of Denton bonds, providing for hmlted exemptions of certain homesteads, providing for enforcement of collections, providing for a severabthty clause, and providing an effective date BACKGROUND Please find attached an ordinance to adopt the ad valorem tax rate for 2000 The proposed rate of $ 52815 per $100 valuation is used to balance the 2000-01 budget As you know, this proposed rate includes a two (02¢) cent increase for the debt servme category that w~ll pay for the bonds of the five (5) year bond program approved by voters m January 2000 PRIOR ACTION/REVIEW A pubhc heanng on ttus tax rate was held dunng the City Council meeting of August 29, 2000 The Blue Pdbbon CIP Committee developed and unammously approved the recommendation of a $34 02 mllhon Capital Improvements Program Both the City Councd and Planning and Zoning Commission tmanlmously approved a fumhng option for the program that would ~mplement a two-cent tax increase in both the second (2000-01) and third (2001-02) years, three- quarters of a cent m the fourth (2002-03) year and a one-quarter cent tax increase ~n the fifth (2003-04) year The proposed tax rate is Included ~n the proposed 2000-01 Annual Program of Services FISCAL INFORMATION The proposed property tax rate should generate $16,159,471 of wfuch $9,774,927 is budgeted to support general fund serwces and $6,384,544 is budgeted for debt servme Respectfully submitted Diana G Ort~z Director of Fiscal Operations ORDINANCE NO AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 2000, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 2000, NOT EXEMPT BY LAW, PROVIDING REVENUES FOR PAYMENT OF CURRENT MLrNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS, PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS, PROVIDING FOR ENFORCEMENT OF COLLECTIONS, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, after notice of a public heanng on a tax increase was published m accordance with the law, on August 29, 2000, the City Cotmcll held a public heanng on a proposal to adopt a tax rate of $0 52815 per $100 vahiation which would increase total tax revenues from property on the tax roll by 11 3%, and WHEREAS, at the end of this pubhc hearing, the City Council passed a resolution setting the tax rate meeting and announcing that it would vote on the tax rate at its September 5, 2000 meeting, winch resolution specified the time and place of this meeting, and WHEREAS, after the pubhc heanng and before the September 5, 2000 meeting, the City Council pubhshed a Notice of Vote on Tax Rate m accordance with the law, and WHEREAS, the City Council deems it in the pubhc interest to adopt a tax rate for the 2000 tax year, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 By authority of the Charter of the City of Denton, Texas, and the Laws of the State of Texas, there is hereby levied for the year 2000, on all taxable property situated within the corporate lurers of the City of Denton on January 1, 2000, and not exempt by the Constitution and Laws of the State of Texas or by Sections 4, 5, and 6 of this ordinance, a tax of $0 52815 on each $100 assessed value of all taxable property This tax is expected to increase total revenue from properties on the tax roll by 11 3% over 1999 tax revenues SECTION 20fthe total tax, $0 31948 of each $100 of assessed vahie shall be dlstnbuted to the General Fund of the City to fund maintenance and operation expenditures of the City SECTION 3 Of the total tax, $0 20867 of each $100 of assessed value shall be distributed to pay the City's debt service as provided by Section 26 04(e)(3) of the Texas Property Tax Code SECTION 4 Pursuant to Article VIII, Section 1-b of the Texas Constitution, and pursuant to the provisions of Section 11 13(n) of the Texas Property Tax Code, one-half percent of the assessed value of residential homesteads, or $5,000 of the assessed value of residential homesteads, whichever amount shall be greater, shall be exempt from City ad valorem taxes PAGE 1 SECTION 5 Pursuant to Article VIII, Section 1-b of the Texas Constitution, $25,000 of the assessed value of residential homesteads of persons 65 years of age or older shall be exempt fi.om C~ty ad valorem taxes SECTION 6 Pursuant to Artacle VIII, Section 1-b of the Texas Constitution, $10,000 of the assessed value of residential homesteads of disabled persons shall be exempt fi.om City ad valorem taxes SECTION 7 For enforcement of the collection of taxes hereby lewed, the City of Denton shall have avmlable all rights and remedies provided by law SECTION 8 If any section, subsectaon, paragraph, sentence, clause, phrase or word in tins ordinance, or the appllcataon thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdmg shall not affect the vahdlty of the remmnmg portaons of tlns ordinance and the C~ty Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such mvahdlty SECTION 9 TBs ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED th~s the day of ., 2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB~D~TTORNEY BY - - PAGE 2 Agenda o Agenda Item AGENDA INFORMATION SHEET AGENDA DATE: September 5, 2000 DEPARTMENT: Fiscal Operations, Tax Department ACM: Kathy DuBose ~ SUBJECT Consider an ordinance of the C~ty of Denton, Texas, approwng the 2000 Tax Rolls, and providing an effective date BACKGROUND Please find attached an ordinance to approve the 2000 tax roll The approval of the tax roll ~s an annual process reqmred by the Texas Property Tax Code The Tax Roll ~s calculated by taking the 2000 certified appratsal roll (excluding property under protest) and applying the 2000 adopted tax rate The antm~pated collection rate ~s 100% FISCAL INFORMATION The approval of the tax roll will enable the City to mad tax balls October 1, 2000 Respectfully submitted Dmna G Ort~z Dtrector of F~scal Operations ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2000 TAX ROLLS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The C~ty Council hereby approves the 2000 tax rolls of the C~ty of Denton, Texas which will result m a tax levy ~n the mount of $16,159,471 00 based on the Certified Appramal Roll as approved by the Appraisal Rewew Board of the Denton Central Apprmsal District SECTION 2 Th~s ordmance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY S \Our Documonts~Ordmances\00Xtax mil doe Agenda No Agenda item - .~,---~ AGENDA INFORMATION SHEET AGENDA DATE: September 5, 2000 DEPARTMENT: Management and Budget ACM' Kathy DuBose, Assistant City Manager, Fiscal and Municipal Serwces SUBJECT A resolution adopting the Capital Improvement Plan proposed by the planning and zoning commission and the pubhc utflmes board, and prowdmg an effectwe date BACKGROUND Please find attached a resolution to approve the first year (2000-2001) of the five-year General Government and Utility Capital Improvement Program (CIP) PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning and Zonmg Commission received the CIP and formulated a recommendation on July 12, 2000 and the Pubhc Utility Board recommended the Utility CIP on July 17, 2000 FISCAL INFORMATION The 2000-2005 CIP includes $58 610 mflhon ~n General Government projects, $69 548 mflhon m Electric projects, $88 139 mflhon m Water projects, $64 080 million in Wastewater projects, $19 300 m~lhon m Solid Waste projects, $1 500 mflhon m Motor Pool projects Respectfully submitted at~'~y Dul~ose Assistant C~ty Manager, F~scal and Mumc]pal Services S \Our Docume~ts\Resolutmns\OO~dopt c~p doc RESOLUTION NO A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION AND PUBLIC UTILITIES BOARD, AND PRO- VIDING FOR AN EFFECTIVE DATE WHEREAS, on the 12th day of July, 2000, the Planning and Zomng Commission recom- mended the general government capital improvements to be constructed dunng the forthcoming year, and WHEREAS, on the 17th day of July, 2000, the Pubhc Uttht~es Board recommended the utlhty capital improvements to be constructed dunng the forthcoming year, and WHEREAS, the Oty Manager furnished a copy of the recommendations to the Oty Council on July 21, 2000, and WHEREAS, all of the above actions were taken in compliance w~th the reqmrements of Sectmn 10 03(a)(6) of the City Charter, and WHEREAS, the C~ty Council wishes to formally adopt the recommendations of the Planmng and Zomng Comm~smon and Pubhc Utd~tles Board, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Council approves the list of capital improvements proposed to be con- stmcted during the forthcoming year, which ~s attached hereto and incorporated here~n and made a part of ttus resolution for all purposes SBCTION 2 This resolution shall become effective ~mme&ately upon ~ts passage and approval PASSED AND APPROVED this the __ day of ,2000 ELrLINEBROCK, MAYOR ATTEST, JENNIFERWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBE~~TTORNEY BY ~'-' - - // S \Our Documonts\Rcsolutlons\00~adopt clp doc Aoenda No ~ AGENDA DATE' September 5, 2000 DEPARTMENT: Caty Manager's Office CM Make Jez, Caty Manager SUBJECT Consader nomanatlons and appoantments to the Caty's Boards and Commissions BACKGROUND The followang as a last of current Board/Commassaon vacanmes/nomanatlons Cotmcfl Member Cochran has nominations to the A~rport Advisory Board (Ann Houston currently serving) and the Publac Utfiat~es Board (Bill G~ese no longer desares to serve) If you requare any further mformatmn, please let me know Agenda No. O0 Agenda Ite / Date_ AGENDA INFORMATION SHEET AGENDA DATE September 5, 2000 DEPARTMENT: Community Development Department ACM David Hill, Assistant City Manager, Development Services SUBJECT Receive a report, hold a discussion and give staff direction regarding a draft Annexation and Consent Agreement proposed for the establishment of a County Development District for the "Arena Project," an approximate 254-acre tract located west of Sherman Drive (FM 428), approximately 3,600 feet north of Loop 288 in the extraterritorial jurisdiction of the C~ty of Denton BACKGROUND On May 23, 2000 and June 27, 2000 the City Council received reports regarding Mr Ed Pmkett's investment group's (Equestrian Development Corporation of North Texas) desire to develop a horse arena, hotel, golf course, and residential development on the property described above The city has been advised that creation of a County Development District is a necessary component of the development plan Council directed staff to work with the developers to draft an agreement that would address the following issues Annexation: The developers have requested that the City postpone annexation of the property for five years Council requested assurance that the property would be voluntarily annexed at that time Our Legal Department worked closely with staff, the developer and their counsel to produce the attached draft agreement (Attachment A) The contract provides for a covenant to run w~th the land, binding owners and future owners to a voluntary annexation agreement A copy of the covenant is also included in the agreement As an extra precaution, the developers have agreed to reduce the number of residential lots to 99 or less to avoid the potentIal imposition of new annexation law restrictions At the end of five years from the date of the first sale of bonds, or January 2006, whichever occurs first, the property vnll be voluntarily annexed The developers have entered into an agreement with the current property owner that, if for some reason the bond sale does not occur, the land will revert back to the current owner ProJect Design: The agreement stipulates that the property owner will comply with the city's zoning and subdivision regulations m effect at the time of the devel°pment The interim residential and nonresidential regulations requiring a Zoning Plan and ProJect Plan for all new -1- development would govern the destgn revaew process for applacations af submitted now Depending on the tlmmg of submittal, the Arena project could be subject to the revised Development Code if adopted by Council Utfi~ties. The developer will extend water and sewer lines to the site at their expense Should future development tie into the lanes constructed by the arena developers, they wall be permitted to recoup a pro-rata share from the new development This as a standard polacy avmlable to other developments The arena development wall contract wath the Caty for water, sewer, electric, drarnage and solid waste servaces Pubhc Safety Serwees The arena development wall contract wath the City for fire and polace services, or any other services that would customaraly be provided to caty property taxpayers Transportataon: The traffic ~mpact study has been revised and reviewed by Englneerang At the request of City staff, details of the requared amprovements have not been included in the draft agreement it ~s staff, s opimon that a more appropriate time for revlewang requared r°ad amprovements would be during the zomng or plattang processes Dettuled requirements developed prior to platting may not correctly address the needs of the project The exact saze of the arena and hotel wall be known at that tame and may greatly ampact the necessary transportation improvements needed The agreement requares the developer to comply wath the Caty's subdivision and zomng regulataons that are ~n effect at the tame of development This vall ensure the Councal's ablhty to requare appropriate road ~mprovements are made The Caty's Department of Enganeenng & Transportataon and the developer's traffic consultant have met and have reached general agreement regarding off-site roadway amprovements needed for the Arena project (see Attachment B) The Traffic Impact Analys~s (TIA) as based upon assumptions that could change as specific design detaals become avmlable Staff'wall be present to respond to questions regardmg project transportation improvements Ownershap by the County Development Corporation (CDD) As reported at the June 27th meeting, it as possible that the CDD may own a portaon of the property Should that occur, that property would be tax exempt The agreement includes language that reqmres the CDD to make payments in lieu of taxes on any tax-exempt portion of the development after the property as annexed For example, should the CDD own the hotel, they would make a payment equal to the amount of property taxes that would have been assessed on the hotel property and improvements The arena developers have met wtth Denton Independent School Distract staff and legal advasors and will enter anto a samalar agreement with the school district Sales Tax Revenue. The CDD wall assess a one-half cent sales tax withan the boundaries of the dasmct The City will not collect sales tax revenues prior to annexation Upon annexation, we will collect our 1 5 percent sales tax, as we do throughout the Cay The CDD wall continue to collect the assessed one-half cent Should the City of Denton decide to pass a one-half cent sales tax at some later date (for economic development, publac safety, pubhc -2- improvements or transportation), the new tax would not apply to sales within the CDD That one-half cent would remaxn dedtcated to retirement of the bond debt Hotel/Motel Taxes: The development will build a hotel and collect hotel/motel tax on the facthty Revenues wtll be used to retare the bond debt The City will not collect hotel/motel taxes untll the first bond sale ts retired Any potential sale of bonds after the first sale will not requtre hotel/motel tax dedtcatton OPTIONS 1 If Council agrees to the terms of the agreement, or asks for revisions, the document wall be placed on the September 12tn Ctty Council agenda for adoptton by ordinance Approval of the agreement wall reqmre a stmple majority vote of the Council 2 If Council elects to reject the draft agreement, direction to staff should include one of the following a Place the aunexatton ordinance for the Arena property on the September 12t~ agenda for approval on second reading, or 12tt~ b Decline to place the annexatton ordinance on the September agenda and let the annexation proceedtng to expire due to a lapse in state law timing reqmrements September 12th is the last C°tmcll date available t° pr°ceed wath the annexation Failure to act will require the start of a new annexation process for the property if Council elects to initiate proceedtngs at a later date ESTIMATED SCHEDULE OF PROJECT At the June 27tn meettng, Council directed staff to prepare a contract for review and approval Should Council support the terms of the agreement on September 5th, staff will schedule formal approval of the agreement on September 12th The resolution would need to be approved no later than October 3rd so that the County can receive it prior to the October 10, 2000 pubhe hearing regarding the establishment of the dtstnct PRIOR ACTION / REVIEW Staff and the arena site developers presented tnformatlon to the City Council during work sesstons on May 23rd and June 27th meetings FISCAL INFORMATION The Ctty of Denton will not receive sales tax or property tax revenues on the arena site development unttl annexation Hotel/motel tax revenues would not be realized until after retirement of the first bonds sold A table summarizing estimated financial information ts provided below -3- Revenue Source (Annually) CDD I Caty of Denton Utlhtles Revenues $ Unknown ' *Hntel/Motel Tax $420,000 $ 0 Sales Tax Percent 5% 1 5% *Vls~tor-Re!_~.t~cl Sales Tax Revenue $48,000 $288,000 *New Residents Generated Sales Tax Revenue $19,000 Property Tax Revenue - Residential (assuming 50 homes ~$200,000, 25 homes @300,000, 15 homes ~ $400,000, 10 homes ~$500,000) $145,000 Property Tax Revenue - Arena (assummg $30 mflhon value) $151,000 Property Tax Revenue - Hotel (estimate based on other motel valuations at $10,000 $2 mflhon) Property Tax Revenue - Golf Course (based on another golf course valuatton at $3 mflhon) $15,000 Total $593,055 *UNT study figures Numbers w~th an asterisk have been extracted from the UNT Center for Economic Developmant' s impact study The remaxnmg figures are based on staff estimates and information prowded by the developer The chart does not include utlhty revenues or fees for contracted police and fire services EXHIBITS Attachment A - Draft Annexation and Consent Agreement Attachment B - Transportation Memorandum Respectfully submitted Llnda Rathff, Director ~ffff Conunumty Development Department -4- EXHIBIT A DRAFT ANNEXATION AND CONSENT AGREEMENT THIS AGREEMENT ~s made and entered into as of the __ day of , 2000, by and between the City of Denton, Texas, a home rule mty of the State of Texas (the "C~ty), and Equestrian Development Corporatmn of North Texas, a Texas Corporatton, owner of certmn real property as described tn Exhibit "A" attached hereto and tncorporated hereto by reference (the "Development Corporatmn"), which hes w~th~n the extmtemtonal jurisdiction of the Ctty (the "Property"), and WHEREAS, the Development Corporatton demres the consent of the Ctty for the creation of a County Development Dmtnct ("CDD") pursuant to the prowmons of Chapter 383, Texas Local Government Code, to asmst wtth the financing of the Property's development (the "Development"), and WHEREAS, the Ctty has heretofore ~nst~tuted proceedings to annex the Property into the mty hm~ts of the C~ty but has not yet completed such annexatton proceedings, and WHEREAS, the Development Corporatton has requested that the Ctty agree not to annex the Property for a period of five years l~om the first fimdmg of the CDD or January 1, 2006, whtchever occurs first, and WHEREAS, the Ctty and the Development Corporatton have entered tnto th~s Agreement to set forth the terms and conditions by whmh the CDD will be estabhshed and annexatton of the Property wall be accomphshed, NOW THEREFORE, ur conmderatton of $10 and other good and valuable conmderat~on, the recetpt and suffimency of wMch m hereby acknowledged by each party, mcludmg the mutual prommes and covenants contmned herren and subject to the cond~ttons hereinafter set forth, the Ctty and the Development Corporatton hereby agree as follows 1 The Ctty consents and the Development Corporatmn agrees to the estabhshment ora CDD for the Property and to delay aunexatmn of the Property upon the followmg cond~ttons a The Property shall be developed for tourist related bumnesses tncludmg a 6,000 to I0,000 seat multi-use arena, w~th the primary emphams on a horse arena, a 100 to 300 room hotel, a golf course and a not to exceed 99 lot res~denttal subdtwmon, generally ~n accordance wtth the concept plan attached hereto as Exh~btt "B" wi'ach ts mcorporated herem by reference All property owners of the Property shall voluntarily comply wtth the C~ty's subd~mmon and zomng regulations m effect at the t~me of development -5- 1 S \S I-IA~dE\LAW_WP\TIFFANY~PIckett Omup~A~I~q~ EX CONS AORM_FINAL doc DRAFT b The City shall provide and all property owners of the Property shall agree to receive and pay for C~ty water, sewer, sohd waste, electric power, and pohce and fire services on the same terms and concht~ons as ~fthe Property were w~th~n the C~ty hm~ts However, the bmldtng and extension of water and sewer hnes and other ~nfrastmcture necessary to serve the Property shall be at the sole expense of the property owners of the Property, subject to pro-rata reimbursements from other property owners ~n accordance w~th the City's pro-rata pohc~es c Should any of the Property or ~mprovements thereon be owned by the CDD and should such property and/or ~mprovements be tax exempt, the owners of such property shall, upon annexation and cont~nmng thereafter so long as sa~d property is tax exempt, make payments to the C~ty ~n heu of taxaUon as provided m this section The payments m heu of taxes shall be eqmvalent to the amount of ad valorem taxes that would have been assessed against the Property had it not been owned by the CDD The payments shall be an annual fee due and payable on January 1 of each year and shall be based on the assessed value of all property, real, personal, and m~xed, owned by the CDD The term "assessed value" means the appraised value of all property of the CDD as ~s determined by the Denton Central Apprmsal D~stnct (the "Apprmsal D~stnct") for the year in wbach the payment ~s due The annual fee shall be calculated by the followmg formula Assessed Value - 100 x the current year's city tax rate = Annual Fee If the CDD property owners fad to pay the Annual Fee when due, the C~ty may collect the Annual Fee ~n the same manner and ~n accordance w~th the same rights and remedies available for ad valorem taxes, ~ncludang w~thout hm~tatlon, the collection of penalties, interest, and attorney fees At the t~me the Property ~s annexed, the CDD property owners and the C~ty shall enter into an agreement ~n recordable form setting forth that a first and pnor lien to secure the collection of the Annual Fee, together with penalties, interest and attorney fees shall be filed agmnst the property owned by the CDD If the Appraasal Dlstnct reqmres compensation for its appraisal services, the CDD property owners shall be responsible for the payment of such compensation Similar agreements for payments ~n lieu of taxation are being negotmted with the Denton Independent School D~stnct and will be transferred to the CDD -6- 2 S \SHARE~LAW_WP\TIFFANY~Plckett GmupkANNEX CONS AGRM_FINAL doc DRAFT d The City will permit the Development Corporatton to retain all momes collected as part of the hotel occupancy tax, pursuant to the Texas Tax Code Ann § 352 107 for the duration of the original issuance of bonds 2 The City will not annex the Property into the C~ty's limits until the fifth anmversary of the first funding of CDD financing, or January 1, 2006, whichever occurs first, (the "Voluntary Annexation Date") subject to the following a The fulfillment of the condmons set forth in paragraph 1 above b The consummation of the purchase of the Property by the Development Corporation no later than October 1, 2000, at which time flus Agreement shall be assigned to and the obhgataons here~n shall be assumed by the legal entity that takes t~tle to the Property on behalf of the Development Corporation c The approval of the CDD by the Denton County Commissioner's Court no later than October 10, 2000 d The selling of the first bonds for the CDD no later than September 2001 e The commencement of construction for the arena at a munmum construction cost of $18 million no later than January 1, 2002 f The commencement of constmcttnn for the hotel/motel at a munmum construction cost of $10 nulhon no later than January 1, 2002 g The commencement of construction for residential infrastructure of a minimum cost of$1 5 million no later than January 1, 2002 If any of the above condmons are not completely fulfilled, tn the ~ole judgment of the City, which judgment ~s not reversible, (the "Early Voluntary Annexation") or upon the Voluntary Annexation Date, the C~ty may begin annexation proceedings on all or any part of the Property Early Voluntary Annexatton will not occur if the Development Corporation cures the breach pursuant to paragraph 5 Such annexatton shall be considered a voluntary request for annexation by all owners of the Property In that regard, the Development Corporation and all future owners of the Property, excludtng Don Carter, covenant and agree that such annexation is voluntarily made and shall be considered to be by petition of the owners of the Property at the time of such annexation Ttus covenant shall be a covenant rumung with the land and shall be binding on the owner of the Property and all future owners thereof, as ~f such owners signed a voluntary petltton for annexatton at the time of such annexation Ttus voluntary consent to annexation is irrevocable If the property ownerstup reverts back to Don Carter flus Agreement is null and votd -7~ 3 S \S HAREkLAW_WP\T IFFANY~P~ckett GroupkANNEX CONS AGRM_FINAL doc DRAFT 3 The part, es agree to the following conditions with regard to the CDD a The d~rectors of the CDD shall consist of two designees by the C~ty, two by Denton County and one by the Development Corporation, and the Board of Directors shall be so mmntatned The Denton County Order estabhsh~ng the CDD shall contain this provision b The Board shall not petition the Commissioners Court of Denton County for the addition of land to the CDD without the written approval of the owner of the land to be added and the City The Denton County Order estabhshIng the CDD shall contmn th~s provision c The CDD at ItS confirmation election shall ~nclude a ½ of 1 cent sales tax propos~t~on 4 The covenants contamed here~n touch and effect the Property and are covenants nmnmg w~th the land described herein as the Property, and are b~nchng upon the owners of such Property and all future owners thereof The C~ty and the Development Corporation and all owners of the Property as of the date of th~s Agreement and as of the date of recording of the below described Memorandum of Agreement, shall enter rote a not,ce of Restrictive Covenants and Memorandum of AnnexaUon and Consent Agreement (the "Memorandum of Agreement") m substantially the same form as the Memorandum of Agreement attached hereto and made a part hereof as Exlubit "C", wluch shall be recorded in the Land Records of Denton County, Texas In addition, all final plats of any portion of the Property shall contain the following notate m bold pnnt ALL OWNERS OF ANY PORTION OF THE PROPERTY SHOULD REVIEW THE ANNEXATION AGREEMENT ON FILE IN THE CITY SECRETARY'S OFFICE OF THE CITY OF DENTON REGARDING RESTRICTIVE COVENANTS FOR THE BENEFIT OF THE CITY 5 In the event of a breach of this Agreement, the breactung party shall have 180 days from written notme of such breach from the other party to cure the breach If the breaclung party fails to cure the breach w~thin that time period, the other party may pursue any of ~ts remedies at law or eqmty ~nclud~ng termination of th~s Agreement Notices shall be sent to the part,es at the followang addresses C~ty of Denton Equestrian Development Corporation C~ty Manager of North Texas 215 East McI~nney Ed Pickett, President Denton, Texas 76201 3952 PR 2718 Aubrey, Texas 76227 6 The Development Corporation hereby releases, indemmfies and holds harmless the C~ty for any damages it may suffer as a result of the Development Corporation's fmlure to perform any obhgat~ons or covenants of ttus Agreement -8- 4 S \SHARE~LAW WP\TIFFANY~Ptckett GroupkANNEX CONS AGRM_FINAL doc DRAFT 7 This Agreement is performable in Denton County, Texas, and any litigation concermng thas Agreement shall be reed in a court of competent junsd~ctton s~ttlng m Denton County, Texas IN WITNESS WHEREOF, the Part,es hereto have caused th~s Agreement to be duly executed as of the date first written above EQUESTRIAN DEVELOPMENT CORPORATION OF NORTH TEXAS BY CITY OF DENTON, TEXAS BY Euhne Brock, Mayor ATTEST Jenmfer K Walters C~ty Secretary APPROVED AS TO FORM HERBERT L PROUTY, CITY ATTORNEY BY 5 S \s HARE\LAW_WP\TI FFANY~lckett Group\ANNEX CONS AGRM_FINAL doc DRAFT STATE OF TEXAS § COUNTY OF DENTON § Thxs instrument was acknowledged before me on the __ day of ,2000, by Edwin G Pxckett, President of the Equestrian Development Corporation of North Texas, on behalf of said corporation Notary Public, in and for the State of Texas My Commlssxon Expires STATE OF TEXAS § COUNTY OF DENTON § TI'ns mstmmant was acknowledged before me on the day of ,2000, by Euhne Brock, Mayor of the City of Denton, Texas, on behalf of smd City Notary Pubhc, ~n and for the State of Texas My Commission Expires -10- 6 S \SHARE\LAW_WP\TIFFANY'uulckett Group\ANNEX CONS AGRM_FINAL doc DRAFT The Property consists of two parcels of land being a 283 734 acre parcel (Parcel "1") and a 292,403 acta parcel (Parcel "2") described as follows PARCEL 1 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE H B WILLIAMS SURVE'r, ABSTRACT NUMBER 1417 ANO V E GAILOR SURVEY ABSTRACT 452 DENTON COUNTY, TEXAS, AND BEING A OF A CERTAIN (CALLED) 6~ 5877 ACRE TRACT AND A 220 558 ACRE TRACT, DEEDED BY HOME iNTERiORS & GIFTS, tNC TO OONALD J CARTER AND WiFE LINDA JO CARTER ON THE 1ST DAY OF AUGUST 1994 AND RECORDED BY COUNTY CLERKS FiLE NUMBER 94-R0065442, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A FENCE CORNER POST AT THE SOUTHWEST CORNER OF SAiD 220 557 ACRE TRACT, BEING AN INNER ELL CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JEANIE WATSON KUHLKEN, RECORDED IN VOLUME 2935 PAGE 5~4, REAL PROPERT*~' RECORDS, DENTON COUNI~, TEXAS, THENCE NORTH 03 DEGREES 59 MINUTES 06 SECONDS EAST, ALONG AND NEAR A FENCE WiTH THE EAST LINE OF SAID KUHLKEN TRACT AND A WEST LINE OF SAID 220 557 ACRE TRACT A DISTANCE OF 1,.311 90 FEET TO A FOUND ~ INCH IRON AT THE NORTHERNMOST NORTHEAST CORNER OF SAID KUHLKEN TRACT, SAID PIN BEING ON THE SOUTH LINE OF A TRACT DESCRIBED IN A DEED TO CHAIN 7 RANCH L P RECORDED UNDER COUNTY CLERKS FILE NUMBER 97-R00255935, REAL PROPERTY RECORDS DENTON COUNTY, TEXAS THENCE SOUTH 87 DEGREES 11 MINUTES 32 SECONDS EAST ALONG AND NEAR A FENCE WITH A SOUTH LINE OF SAID CHAIN 7 RANCH LP TRACT A DISTANCE OF 11295 FEET TO A FOUND ~ INCH IRON PIN AT THE SOUTHERNMOST SOUTHEAST CORNER OF SAID CHAIN 7 RANCH L P, TRACT, THENCE NORTH 03 DEGREES 54 MINUTES ~3 SECONDS EAST, ALONG AND NEAR A FENCE WITH A EAST LINE OF SAID CHAIN 7 RANCH L P TRACT AND A WEST LINE OF SAID 220 557 ACRE TRACT, A DISTANCE OF 2,243 16 FEET TO A FOUNO ~ INCH IRON PIN AT THE NORTHWEST CORNER OF SAID 220 557 ACRE TRACT, BEING AN INNER ELL CORNER OF SAID CHAIN 7 RANCH L P TRACT, THENCE SOUTH 88 DEGREES 35 MINUTES 40 SECONDS EAST, ALONG AND NEAR A FENCE WITH A NORTH LINE OF SAID 220 557 ACRE TRACT AND A SOUTH LINE OF SAID CHAIN 7 RANCH L P TRACT A DISTANCE OF 2,577 35 FEET TO A FOUND ~ INCH iRON PIN AT THE NORTHEAST CORNER OF SAID 220 557 ACRE TRACT SAID PiN BEING ON A WEST LiNE OF A ~ I~F. IN ~, DeED TO JE'FFE-RY W N(qE AND IFANIE- T NOF RECORDED IN VOLUME 2879 PAGE 544, REAL PROPERTY RECORDS DENTON COUNT~, TEXAS, THENCE SOUTH 01 DEGREES 25 MINUTES 07 SECONDS WEST, ALONG AND NEAR A FENCE WITH A WEST LINE OF SAID NOE TRACT AND A EAST LINE OF SAID 220 557 ACRE TRACT A I/2 DISTANCE OF 1,110 56 FEET TO A FENCE CORNER POST AT THE SOUTHWEST CORNER OF PIN SAID NOE TRACT AND THE NORTHWEST CORNER OF SAID 63 5877 ACRE TRACT THENCE sOUTH 86 DEGREES 05 MINUTES 55 SECONDS EAST ALONG AND NEAR A FENCE WITH THE SOUTH LINE OF SAID NOE TRACT AND THE NORTH BOUNDARY LINE OF 6~ 5877 ACRE TRACT A DISTANCE OF 829 52 FEET TO A FENCE CORNER POST, THENCE SOUTH 87 DEGREES 04 MINUTES ~9 SECONDS EAST ALONG AND NEAR A FENCE WITH THE SOUTH BOUNDARY LINE OF SAiD NOE TRACT AND WiTH THE NORTH LINE OF SAID ~5 5877 ACRE TRACT A DISTANCE OF 1 004 90 FEET TO A SET ~/~ INCH IRON PiN WlTF A YELLOW CAP STAMPED H&N 1849 AT THE NORTHWEST CORNER OF SAID 63 5877 AcRE TR4CT BEING THE SOUTHEAST CORNER OF SAID NOE TRACT, SAID PiN ALSO BEING ON THE WEST RIGHT-OF-WAr LINE OF F M ROAD 428 (A 100 FOOT RIGHT-OF-WA~) - 11 - ~o~o 1 n~ 7 DRAFT THENCE SOUTH 5,3 DEGREES 44- MINUTES 10 SECONDS WEST WITH THE EAST LINE OF SAID 6.3 5877 ACRE TRACT AND THE WEST RIGHT-OF-WAY LINE OF F M ROAD 428 A OISTANCE OF 2 940 54- FEET TO A SET 1~ INCH IRON PIN WITH A YELLOW CAP STAMPED H&:N 1849 AT THE SOUTHE. AST CORNER OF SAID 220 577 ACRE TRACT AND THE NORTHEAST CORNER OF SAID kUHLFEN TRACT THENCE NORTH 86 DEGREES 06 MINUTES .31 SECONDS WEST, ALONG AND NEAR A FENCE AND WITH THE SOUTH LINE OF SAID 220 577 ACRE TRACT AND A NORTH LINE OF SAID KUHLKEN TRACT A DISTANCE OF .370 66 FEET TO A SET ~ INCH IRON PIN WITH A YELLOW CAP STAMPED H&:N 1849 THENCE NORTH 86 DEGREES 38 MINUTES 20 SECONDS WEST ALONG AND NEAR A FENCE WITH THE SOUTH LINE OF SAID 220 557 ACRE TRACT AND A NORTH LINE OF SAID KUHLKEN TRACT, A DISTANCE OF 2,7.39 19 FEET TO THE POINT OF 8EOINNtNG AND CONTAININO IN ALL 283 734 ACRES OF LAND - 12 - Page 2 of 7 779° DRAFT 08/23/00 PARCEL 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE d CHEEK SURVEY, ABSTRACT 859, d CLARK SURVEY, ABSTRACT 24.7, AND THE SETH MORRIS SURVEY, ABSTRACT 859, DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 62.3 979 ACRE TRACT, DESCRIBED IN A DEED TO LANCE EISENBURG, RECORDED IN VOLUME 919, PAGE 267, DEED RECORDS, DENTON COUNI'r', TEXAS, ALSO BEING ALL OF A CALLED 29.3 146 ACRE 2ND TRACT DESCRIBED IN A DEED TO DONALD d CARTER, ET UX RECORDED UNDER COUNTY CLERKS FILE NUMBER 94-R0065442, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A FENCE CORNER ON THE NORTH LINE OF SAID CHEEK SURVEY, BEING THE NORTHERN MOST NORTHEAST CORNER OF SAID 623 979 ACRE TRACT, WHICH IS THE NORTHERNMOST NORTHEAST CORNER OF SAID CARTER TRACT, BEING ON A WEST LINE OF A CALLED FIRST TRACT, DESCRIBED IN A DEED TO RAY LYNCH ET UX, RECORDED IN VOLUME 1092, PAGE 655, DEED RECORDS DENTON COUNTY, TEXAS, THENCE SOUTH 0.3 DEGREES O0 MINUTES 15 SECONDS WEST, WITH AN EAST LINE OF SAID 62.3 979 TRACT AND A WEST LINE OF SAID FIRST TRACT, A DISTANCE OF 1.326 60 FEET TO A ~ INCH IRON PIN SET FOR CORNER WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, BEING AN INNER ELL CORNER OF SAID 62.3 979 ACRE TRACT, BEING THE SOUTHWEST CORNER OF SAID FIRST TRACT, THENCE SOUTH 86 DEGREES 1.3 MINUTES 47 SECONDS EAST, ALONG AND NEAR A FENCE, WITH A NORTH LINE OF SAID 623 979 ACRE TRACT AND THE SOUTH LINE OF SAID FIRST TRACT, A DISTANCE OF 204.5 63 FEET TO A ~ INCH IRON PIN SET FOR CORNER WITH A YELLOW PLASTIC CAP STAMPED H~.,N 1849, AT THE NORTHWEST CORNER OF' A CALLED FOURTH TRACT, DESCRIBED IN A DEED TO RAY LYNCH et ux, RECORDED IN VOLUME 1092, PAGE 65.3, DEED RECORDS DENTON COUNTY, TEXAS, THENCE SOUTH 15 DEGREES 07 MINUTES 42 SECONDS EAST WITH THE WEST LINE OF SAID FOURTH TRACT, A DISTANCE OF 14-8 1.3 FEET TO A ~ INCH IRON PiN SET FOR CORNER WITH A YELLOW PLASTIC CAP STAMPED H&N 1849 ON THE WEST RIGHT-OF-WAY LINE OF F M ROAD 428, BEING THE SOUTHWEST CORNER OF SAID FOURTH TRACT, THENCE WITH THE WEST ~IGHT-OF-WAY LINE OF F M ROAD 428 THE FOLLOWING 17 BEARINGS AND DISTANCES 1) SOUTH 47 DEGREES 28 MINUTES 09 SECONDS WEST, A DISTANCE OF 53455 FEET, 2) NORTH 46 DEGREES 2.3 MINUTES 08 SECONDS WEST, A DISTANCE OF .39 ~ 1 FEET, 3) SOUTH 47 DEGREES 27 MINUTES 45 SECONDS WEST, A DISTANCE OF 250 57 FEET, 4) SOUTH 24 DEGREES 20 MINUTES 45 SECONDS WEST, A DISTANCE OF 535 ~0 FEET, 5) SOUTH 20 DEGREES 07 MINUTES 09 SECONDS WEST, A DISTANCE OF 319 91 FEET, 6) SOUTH .30 DEGREES 51 MINUTES 50 SECONDS WEST, A DISTANCE OF 167 19 FEET, 7) SOUTH 56 DEGREES 75 MINUTES ¢2 SECONDS WEST, A DISTANCE OF 570 16 FEET, 8) SOUTH 32 DEGREES .39 MINUTES 34 SECONDS WEST, A DISTANCE OF 201 O0 FEET, 9) SOUTH 4.~ DEGREES .38 MINUTES ¢3 SECONDS WEST, A DISTANCE OF 10440 FEET, 10) SOUTH 26 DEGREES 56 MINUTES 46 SECONDS WEST A DISTANCE OF 700 O0 FEET, 11) SOUTH 11 DEGREES 20 MINUTES 4.9 SECONDS EAST A DISTANCE OF 24.7 14. FEET, 12) SOUTH .34. DEGREES 54. MINUTES 20 SECONDS WEST A DISTANCE OF 106 08 FEET, 15) SOUTH 4-8 DEGREES ,31 MINUTES 12 SECONDS WEST A DISTANCE OF 14.3 94. FEET, 14) SOUTH 40 DEGREES 16 MINUTES .36 SECONDS EAST A DISTANCE OF ..31 57 FEET, 15) SOUTH 4.5 DEGREES 10 MINUTES 18 SECONDS WEST A DISTANCE OF 5255 FEET 16) SOUTH 4.5 DEGREES ,30 MINUTES 58 SECONDS WEST A DISTANCE OF 218 14. FEET TO - 14 - Pa~ 4 of 7 DRAFT A ~ INCH IRON PIN FOUND AT THE i~EGINNING OF A CURVE TO THE LEFT, 17) ALONG SAID CURVE, WITH SAID WEST RIGHT-OF-WAY LINE, HAVING A CENTRAL ANGLE OF 11 DEGREES 49 MINUTES 15 SECONDS, A RADIUS OF 148332 FEET, AN ARC LENGTH OF 306 02 FEET, AND A cHORD WHICH BEARS SOUTH 39 DEGREES 36 MINUTES 21 SECONDS WEST, A DISTANCE OF 305 48 FEET TO A FOUND IRON PIN, BEING THE EASTERN MOST CORNER OF A CALLED 23 994 ACRE TRACT, DESCRIBED IN A DEED TO BEN F KING and RHONDA M KING, RECORDED IN VOLUME 4129, PAGE 1478, REAL PROPERTY RECORDS DENTON COUNTY, TEXAS, THENCE NORTH 21 DEGREES 05 MINUTES 34 SECONDS WEST WITH A EAST LINE OF SAID 23 994 ACRE TRACT, A DISTANCE OF 820815 66 FEET TO A CORNER IN THE CENTER OF CLEAR CREEK, THENCE NORTHWESTERLY WITH THE CENTER OF SAID CREEK THE NEXT 19 BEARINGS AND DISTANCES 1) NORTH 50 DEGREES 30 MINUTES .33 SECONDS WEST A DISTANCE OF 195 47 FEET, 2) SOUTH 84 DEGREES 54 MINUTES 59 SECONDS WEST A DISTANCE OF 347 80 FEET, 3) NORTH 63 DEGREES 55 MINUTES 15 SECONDS WEST A DISTANCE OF 134 10 FEET, 4) NORTH 31 DEGREES 41 MINUTES 10 SECONDS WEST A DISTANCE OF 29478 FEET, 5) NORTH 51 DEGREES 53 MINUTES 28 SECONDS WEST A DISTANCE OF 234 89 FEET, 6) NORTH 30 DEGREES 17 MINUTES 54 SECONDS WEST A DISTANCE OF 918 25 FEE]F, 7) NORTH 61 DEGREES 33 MINUTES 14 SECONDS WEST A DISTANCE OF 271 29 FEET, 8) NORTH 86 DEGREES 11 MINUTES O0 SECONDS WEST A DISTANCE OF 346 29 FEET, 9) NORTH 77 DEGREES 49 MINUTES 17 SECONDS WEST A DISTANCE OF 294 70 FEET, lC) NORTH 63 DEGREES 35 MINUTES 15 SECONDS WEST, A DISTANCE OF 449 29 FEET, 11) NORTH 31 DEGREES 52 MINUTES 40 SECONDS WEST, A DISTANCE OF 416 78 FEET, 12) NORTH 72 DEGREES 20 MINUTES 46 SECONDS WEST, A DISTANCE OF 383 69 FEET 1.3) NORTH 69 DEGREES 37 MINUTES 45 SECONDS WEST, A DISTANCE OF 232 89 FEET 14) NORTH 23 DEGREES 58 MINUTES 38 SECONDS WEST, A DISTANCE OF 746 25 FEET 15) NORTH 60 DEGREES 31 MINUTES 44 SECONDS WEST, A DISTANCE OF 224 19 FEET 16) NORTH 87 DEGREES 02 MINUTES 31 SECONDS WEST, A DISTANCE OF 156 60 FEET 17) NORTH 32 DEGREES 56 MINUTES 10 SECONDS WEST, A DISTANCE OF 127 09 FEET 18) NORTH 43 DEGREES 45 MINUTES 57 SECONDS WEST, A DISTANCE OF 169 89 FEET 19) NORTH 02 DEGREES 10 MINUTES 13 SECONDS EAST, A DISTANCE OF 169 59 FEET TO THE WESTERN MOST NORTHWEST CORNER OF SAID 623 979 ACRE TRACT, THENCE SOUTH 87 DEGREES 36 MINUTES 57 SECONDS EAST, ALONG AND NEAR A FENCE, WiTH A NORTH LINE OF SAID 62~979 ACRE TRACT, A DISTANCE OF 1179 97 FEET TO A FENCE CORNER, THENCE SOUTH 86 DEGREES 54 MINUTES 46 SECONDS EAST, ALONG AND NEAR A FENCE, WITH A NORTH LINE OF SAID 623 979 ACRE TRACT, A DISTANCE OF 66.3 58 FEET TO A ~ INCH IRON PiN SET FOR CORNER WITH A YELLOW PLASTIC CAP STAMPED H&:N 1849 THENCE SOUTH 88 DEGREES 16 MINUTt~S 20 SECONDS EAST ALONG AND NEAR A FENCE, WITH A NORTH LINE OF SAID 823 979 ACRE TRACT, A DISTANCE OF 658 14 FEET TO A FENCE CORNER AT AN INNER ELL CORNER OF SAID 623 979 ACRE TRACT - 15 - Page 5 of 7 DRAFT THENCE NORTH 06 DEGREES .36 MINUTES 54 SECONDS EAST, A DISTANCE OF 297 78 FEET TO A 1,~ lINCH IRON PIN SET FOR CORNER WITH A YELLOW PLASTIC CAP STAMPED H&:N 184-9, THENCE NORTH 29 DEGREES 15 MINUTES ,38 SECONDS EAST, A DISTANCE OF' 52 46 FEET TO A ~ INCH IRON PIN SET FOR CORNER WITH A YELLOW PLASTIC CAP STAMPED H&:N 1849, AT THE NORTHERN MOST NORTHWEST CORNER OF SAID 623 979 ACRE TRACT, THENCE SOUTH 86 DEGREES 15 MINUTES 01 SECONDS EAST, WITH A NORTH LINE OF SAID 623 979 ACRE TRACT, A DISTANCE OF 810 79 FEET TO A FENCE CORNER POST, THENCE SOUTH 86 DEGREES 08 MINUTES 4-4 SECONDS EAST, CONTINUING WITH A NORTH LINE OF SAID 62.3 979 ACRE TRACT, A DISTANCE OF 1140 57 FEE-i' TO THE POINT-OF- BEGINNING, AND CONTAINING IN ALL 292 4.05 ACRES OF LAND - 16- Page 6 of 7 iii I!111111111111111111 ! ~' ..........:.-.-... ..i~ ,liJi !JllllllJlJllllllJll !l;'[ l,'lillilllllllllll Il[iii!iii lJJJJJJJJJJlJJJJJJJJ !j ]Jl!lJ~jJJJJJJJJJJJJJJl] ~,J~iiljl !i It ~ DRAFT NOTICE OF RESTRICTIVE COVENANTS AND MEMORANDUM OF ANNEXATION AND CONSENT AGREEMENT THIS Notice of Resmctlve Covenants and Memorandum of Annexation and Consent Agreement ("Memorandum of Agreement") is made and entered into as of the day of , 2000, by and between the City of Denton, Texas (the "City") and the Equesman Development Corporatmn of North Texas (the "Corporation"), the owner of certain real property located in Denton County, Texas as particularly described m Exhlblt "A' which is attached horeto and made a part hereof by reference (the "Property") WHEREAS, the City and the Corporation have on the __ day of , 2000 entered into that certain Annexation and Consent Agreement (the "Annexation Agreement"), and WHEREAS, the Annexation Agreement provides for resmctlve covenants that touch and run with the Property including, among other tlungs the City's right to voluntanly annex the Property under certain conditions (the "Kesmctlve Covenants"), and WHEREAS, the parties hereto have entered into this Memorandum of Agreement to be recorded m the Denton County Land Records, to evidence the Kestrtctlve Covenants and to put all owners of the Property on notice of same NOW THEREFORE, m eonslderatmn of the covenants contained m the Annexatmn Agreement, the parties agree as follows 1 Tlus Memorandum of Agreement shall be recorded in the Land Records of Denton County, Texas 2 The original of the Annexation Agreement may be re,aewed and ~s on file m the City Secretary's office of the C~ty, located at the City's Mummpal Building, 215 E McKanney, Denton, Texas 76201 3 The covenants contained m the Annexation Agreement touch and effect the Property and are covenants rumung w~th the land described m Exhibit "A" as the Property, and are binding upon the owners of the Property, and all future owners thereof ALL OWNER8 OF ANY INTEREST IN THE PROPERTY ARE INFORMED THAT THEY SHOULD REVIEW THE ANNEXATION AGREEMENT ON FILE IN THE CITY SECRETARY'S OFFICE TO DETERMINE THE NATURE AND SCOPE OF THE RESTRICTIVE COVENANTS The parties hereto have executed flus Memorandum of Agreement as of the date first above written EQUESTRIAN DEVELOPMENT CORPORATION OF NORTH TEXAS BY Edwin G Pickett, President - 20- DRAFT CITY OF DENTON, TEXAS BY Euhne Brock, Mayor ATTEST JenmferK Walters City Secretary APPROVED AS TO FORIvl HERBERT L PROUTY, CITY ATTORNEY BY ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF DENTON ) TI'ns instrument was acknowledged before me on the __ day of ,2000 by Edwin G P~ckett, Premdent of the Equestrian Development Corporation of North Texas, on behalf of smd corporation Notary Pubhc, in and for the State of Texas My Comm~smon expires STATE OF TEXAS ) COUNTY OF DENTON ) Th~s instrument was acknowledged before me on the __ day of ,2000 by Euhne Brock, Mayor oft he C~ty of Denton, Texas, on behalf of smd mty Notary Pubhc, ~n and for the State of Texas My Comm~smon expires - 21 - Page 2 EXHIBIT B Eng~neenng & Transportation Memorandum To David Hill, ACM, Development_~-Servlces From David Salmon, City Engineer~ Subject Requared Transportation Improvements for North Texas Equestrian Arena Date 8-31-00 Based on a rewew of the Traffic Impact Analysis (TIA) submitted by Innovative Transportation Solutions (ITS), the developer's traffic engineers, the engineering staff forwarded a list of offmte transportatxon improvements that we thought would be warranted by the development Dunng our meeting with the developers on August 23rd, the arena representatives agreed to the list with the exception of the reqmrement to widen Sherman Drive to an urban 4 lane d~wded road along the frontage of the development We met with the ITS representatives after the meeting to further discuss Sherman Drive Sherman drive (FM 428) is a TxDOT mmntmned Road There is a strong posmbthty that ~n order to widen Sherman Drive to an urban 4 lane dlwded section, ~t would have to pass conformity tests and be included m the TIP This is a long and cumbersome process with no guarantee that the project would ultimately be included ITS suggested an alternative ~mprovement to Sherman Drive, wluch we think will prowde adequate road capacity but not have to follow conformity requirements The following table summarizes the offmte transportation improvements that have been tentatively agreed upon by staff and the developers of the North Texas Equestrian Arena Development We are still wmtmg on some technical reformation from ITS before we can come to a full agreement on the Sherman Drive improvement Improvement Location Type of Improvement Interchange at Loop 288 &FM 428 20% signal Participation ($30,000) FM 428 (East of Loop 288) Construct eastbound left turn lanes into the development at each entrance and a continuous westbound right turn lane adjacent to the site for all entrances Entryways to Arena Site Construct 4 lane entries All Entrances to the Development Overhead Street Lighting Mine Trail Blazer Slgnage "Dedtcated to Quaht3~ Serwce www c~tyofdenton corn - 22 - FM 428 at Long Road Construct eastbound left turn lane onto Long Road Westbound Approach of FM428 at the East Construct Free Flowing Right Turn Only Intersection w~th Loop 288 Lane Northbound Loop 288 Exit Ramp at East Re-stripe to create right turn only lane and Intersection w~th FM 428 build radius to create a free flowing lane Southbound Loop 288 Exit Ramp at the Re-stripe to create a left mm only lane west ~ntersectaon w~th FM 428 ~ - 23 - A~3enda No Q o - o :~! _ AGENDA INFORMATION SHEET Agenda Item~ Oate 7~ ~.--~ vv _ AGENDA DATE. September 5, 2000 DEPARTMENT: Planning Department CM/DCM/ACM: David Hill, 349-8314 SUBJECT4 - A-100 (Forester Tract) Receive a prehm~nary assessment, hold a discuss~on, and give d~rect~on to staff with regard to the proposed annexation of an approximately 37 8 acre tract of land located southeast of the comer of Teasley Lane and H~ckory Creek Road (A-100) BACKG OR_Q~_~_~ The applicant has requested that the property be annexed The property ~s currently undeveloped and is completely surrounded by property w~thm c~ty hmits The developer's stated purpose of the annexation ~s to create a Planned Development w~th commercxal, office and residential uses as well as a school s~te The zomng at the t~me of annexatxon wdl be Agricultural (A) The developer has submitted a zomng plan under separate petmon The proposed development might need a comprehensive plan amendment STAFF RECOMMENDATION The Denton Plan anticipates this property to be w]thm a Neighborhood Centers area S~nee th~s property ~s outsMe the mty hmxts, annexation is the logmal step to ensure development consistent with The Denton Plan it will prowde the City of Denton the authority to regulate land use based upon zomng classfficat~on Therefore, staff recommends that the C~ty Council conduct a thorough analys~s regarding th~s request for annexation and approve the attached annexation pubhc hearing schedule (See Attachment 3) Approval of this schedule wall allow staff to proceed w~th the formal annexatxon rewew process PRIOR ACTION/REVIEW (Council, Boards, Commissions) None at th~s t~me FISCAL INFORMATION None at th~s t~me OPTIONS 1 Approve as submitted 2 Approve w~th eonchtlons 3 Deny 4 Postpone consideration 5 Table xtem ATTACH__M__~NTS 1 Location Map 2 Zomng Map 3 Annexation Schedule 4 Prehmmary Assessment 5 Petition for Annexation Respectfully submitted D~rector of Planning and Development Prepared by Planner I ATTACHMENT 1 ~ NORTH A-100 (Forester Tract) LOCATION MAP Agenda Date' September 5, 2000 Scale None 3. ATTACHMENT 2 ~ NORTH A-100 (Forester Tract) SITE ZONING MAP Agenda Date. September 5, 2000 Scale. None 4, ATTACHMENT 3 A-100 ANNEXATION SCHEDULE July 6, 2000 Staff receives annexation pebt~on September 5, 2000 C~ty Council receives a prehm~nary assessment, g~ves d~recbon to staff and considers approval of a schedule for pubhc heanngs regarding the proposed annexabon r~ Preliminary Annexation Assessment prepared I [3 Annexation Schedule prepared September 9, 2000 Notice pubhshed ~n Denton Record-Chromcle for first pubhc heanng c~ Annexation Study prepared and available for pubhc rewew n Service Plan prepared and avmlable for pubhc rewew September 1,6,2000 Nobce pubhshed in Denton Record-Chromcle for Planmng and Zomng Commission pubhc heanng September 26, 2000 C~ty Council conducts first pubhc heanng · Pubhc not~ce must be no less than 10 days and no more than 20 days before pubhc heanng September 16, 2000 Notice pubhshed m Denton Record-Chronicle for second C~ty Council pubhc heanng September 27, 2000 Planmng and Zomng Commission holds a pubhc heanng and considers making a recommendation to the C~ty Council regarding the proposed annexation and the proposed zomng · Pubhc notice must be no less than 10 days before pubhc heanng October 3, 2000 C~ty Council conducts second pubhc heanng · Pubhc not~ce must be no less than 10 days and no more than 20 days before pubhc heanng October 24, 2000 C~ty Council by a four-fifths vote ~nst~tutes annexabon proceedings Special Called Session First reading of annexation ordinance · Acbon must be more than 20 days after the second pubhc heanng but less than 40 days from the first pubhc heanng October 27~ 2000 Pubhcat~on of annexabon ordinance ~n Denton Record-Chromcle · Send text to paper by October 18 to ensure ~nclus~on November 28, 2000 C~ty Council by a four-fifths vote takes final action Second reading and adoption of the annexation ordinance C~ty Council considers approval of zoning request · Council action must be more than 30 days after pubhcabon of ordinance and less than 90 days after council ~nst[tutes annexabon proceedings 5. ATTACHMENT 4 PRELIMINARY ANNEXATION ASSESSMENT A-100 (Forester Tract) Petmoner' Mark Weatherford 4005 Umverslty Blvd Dallas, Texas 75205 Owner. 2181 J V Herschel Forester 1895 Gallerla Tower LB 52 Dallas, Texas 75240 Locatiou and Size: Approximately 37 8 acres at the southeast comer of Teasley Lane (FM 2181) and H~ckory Creek Road Existing Land Use Undeveloped Surrounding Land Use: West Undeveloped (Agricultural) East Future residential (PD-111, Wynstone at Oakmont) North Future residential (PD-176, Wheeler lhdge) South Future residential (SF-7[c], Teasley Harbor) Proposed Development: The petitioner has submitted a zomng plan for the property contmmng commercial, office and resldentml uses This zomng plan is currently under staff review and be rewewed by the Planning and Zoning Commission and City Council prior to approval Zoning at the t~me of annexation will most likely be agricultural (A) Analysis. [] The subject property is surrounded by city limits on all four s~des [] The property is currently located wltban a Neighborhood Centers area of The Denton Plan [] Annexatmn (along with a future corresponding zomng request) will ensure that the city controls the zomng and development of th~s property [] The development as proposed will reqmre pubhc ~mprovements The following ~s a prehmmary list of those improvements which may be mggered by the platting process 1 Rtght-of-way dedication along Teasle¥ FM 2181 2 lhght-of-way de&cation for future extension of H~ckory Creek 3 Participation in a future traffic signal at Teasley and Hickory Creek 4 Construction of internal streets 5 Construction of sidewalks along all pubhe streets 6 Extenmon ofpubhc utilities to service the development 7 Possible upslzmg of ex~stmg pubhe utlhties 8 Installation of fire hydrants 9 Dedication ofpubhc utility easements A-I O0 Prellrnlnary dssessment doc 6. &leo certL~o~ ~t the ~o1%~ requi~e~ Ctt~ o~ 9onto~. o~ t~ req~eot? ~ Please provide & sener~% deoQrtp~io~ O~ the~e t~4 uses tGcL~t~ the ~(l) of bu0LneJsee, tf ku~ ..... ~oe. ares o~ requeot ~uclu~o ~ te~ft~o~y wLt~Ln t~o citr limits oF extra- S latt~t~ ~l~tto~ of the ~ of ~eques~ 6 At tRe ttm of th~l Gettttoa, hove ~ other ~nezatLou p~oce~rea bee~ teLt~&te~ Co~ ell or &~ par~ o~ the ere& request~ tu ~hte ~etLtton? tull t U t. Co~Ct et l~ ~et%~tcGe~ tm ~o~ l~e ~er o~ ~e pro~e~Y: ~t~t~ pet tttoue~ ~ Tele~e~e AdArem~(em) mu~uk~ ato~ ~t~ o~plete~ ~e~kttou teCore process 086Z~