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October 17, 2000 Agenda
AGENDA Agendaltem , CITY OF DENTON CITY COUNCIL Date ~/')-/7 - od ~, ctober 17, 2000 After datertmmng that a quorum is present and convening in an Open MeeUng, the City Council of the City of Dentun, Texas wdl convene in a Closed Meeting on Tuesday, October 17, 2000 at 5 15 p m in the City of De~ton Council Work Sesslen Room, Denton City Hail, at 215 East McKlnney, Denton, Texas to consider sI~eclfic items when these items are hsted below under the Closed Meeting sectzon of this agenda W~en Items for eunslderatuon arc not hsted under the Closed Meenng section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p m and will convene at the t~me listed below for its regular 9r 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 Meetmg [**Before the Denton City Council may deliberate, vote, or take final action on each of the agenda items posted as a compeUt~ve matter in a Closed Meeting under the provisions of TEX GOV'T CODE Section 551 086(c), the City Council must first make a good faith determination, by majority vote of its members, that the particular agenda Item is a competitive matter that satisfies the requirements of Section 551 086(b)(3) The vote shall be taken during the Closed Meeting and shall be included in the cemfied agenda of the Closed Meeting If the City Council fails to determine by a majority vote that the particular agenda Item satisfies the requirements of Sectmn 551 086(b)(3), the City Council may not deliberate or take any further action on that agenda item in the Closed Meeting ] A Dehberat~ons Regarding Certain Pubhc Power Utflmes Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** (1) Receive competitive elecmc and commercial information from Staff, &seuss, deliberate, and consider final action and approval of an Agreement by and between the City of Denton and the Denton Garland Greenville Power Pool ("DGG") regarding the acqmsmon of forty (40) megawatts of electric capamty and energy for the calendar year 2001, and receive competlUve electric and commercial information from Staff regarding relevant electric transmission constrmnts, contingencies, factors, and risks associated with the purchase of such electric capacity and energy / B Dehberatlons Regarding Real Property - Under TEX GOV'T CODE Section 551 072 1 Receive reformation from Staff, discuss, deliberate, consider, and provide Staff with advice and dlrectlon pertmmng to the location of, the purchase price of, the posmble terms of purchase of, negotiating issues, and valuaUon xssues respectxng the possible acquisition by the City of Denton of real property easement mterests, compnmng slx parcels as follows 0 544 acre, 0 851 acre, 1 090 acre, 1 045 acre, 0 216 acre, 0 648 acre, all tracts being situated near the intersection of Argyle Lane and Brash Creek Road within the F Daugherty Survey, Abstract No 348, in Denton County, Texas, which acquisitions are for a public purpose, (Graveyard Branch Samtary Sewer ProJect) City of Denton City Council Agenda October 17, 2000 Page 2 C Deliberations Regarding Real Property - Under TEX GOV'T CODE Section 551 072 1 Receive information from Staff, discuss, deliberate, consider, and provide Staff with advice and direction pertmning to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation ~ssues respecting the possible acqmsltlOn by the City of Denton of a 1 44 acre tract being situated near the intersection of Maylull Road and Edwards within the G Walker Survey, Abstract No 1330, an Denton County, Texas, which aeqmsltlon is for a pubhe purpose (Landfill ProJect) D Deliberations Regarding Real Property - Under TEX GOV'T CODE Section 551 072 1 Receive information from Staff, discuss, deliberate, consider, and provide Staff with advice and direction pertaimng to the location of, the purchase price of, the possible terms of purchase off negotiating issues, and valuation issues respecting the possible acqmsatIon by the City of Denton of real property easement ~nterests, comprising seven parcels as follows 0 7238 acre, 0 4289 acre, and 0 5653 acre in the D Lambert Survey, Abstract No 784 and 1 891 acre, 0 1806 acre, 0 3029 acre, and 0 0526 acre being situated within the G Walker Survey, Abstract No 1330, all in Denton County, Texas, which acqmsttlons are for a public purpose (Colorado/MaybalVEdwards Realign ProJect) E Consultation with Attorney - Under TEX GOVT CODE Section 551 071 1 Consider and discuss possible settlement of potential litigation concermng two s~gnboards north of the intersection of Loop 288 and Colorado Boulevard, within the right-of-way of the Denton Branch Rail Trml, and consult with attorneys on a matter in which the ethical duties of the attorneys under the Texas D~sclphnary Rules of Professional Conduct of the State Bar of Texas clearly require such a consultation to be closed to the pubhc under the circumstances presented 2 Discuss and consider adoption of an ordinance authorizing settlement of htigat~on styled City of Denton v Shady Shores Joint Venture, Cause No ED-00-00482, pending in the Probate Court of Denton County, Texas, and authorizing execution of a settlement agreement and joint mutual release, as well as an agreed order of dismissal and an agreed judgment, in a form to be approved by the City Attorney or his designate, and authorizing the Mayor or City Manager to execute such documents on the City's behalf City of Denton City Council Agenda October 17, 2000 Page 3 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING~ WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEO (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING, AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the City of Denton City Council on Tuesday, October 17, 2000 at 6 00 p m in the Council Chambers at City Hall, 215 E Meganney Street, Denton, Texas at which the following items will be considered 1 Pledge of Allegiance A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and mdlwslble" 2 Consider approval of the minutes of September 12, September 15, and September 26, 2O0O PROCLAMATIONS/PRESENTATIONS 3 October Yard-of-the-Month Awards 4 Proclamations a Troy LaGrone b Adopt-A-Spot Month/Make A Dtfference Day c Undoing Ramsm Day CITIZEN REPORTS 5 Receive a report fi.om Damelle Pierce regarding recychng 6 Receive a report from Mildred Hawk regarding bridges 7 Reeelve a report from David Evers Trlpp regarding McKamy-Evers development on Locust CONSENT AGENDA Each of these ~tems ~s recommended by the Staff and approval thereof will be smctly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty Manager or h~s City of Dentpn City Council Agenda October 17, 2000 Page 4 designee to implement each item m accordance with the Staff recommendations The City Council has received baokground information and has had an opportunity to raise questions regarding these items prior to oOnSlderation Listed below are bids, purchase orders, contracts, and other Items to be approved for payment under the Consent Agenda (Agenda Items 8-29) This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 8-29 below will be approved vath one motion If items are pulled for separate dlscusmon, they wnll be considered as the first items under "Items for Indlwdual Consideration" 8 Consider adoption of an ordinance authorizing the execution of a change order to the Interloeal Agreement for the Constructmn of Denton Branch Rail Trail between the City of Denton and Texas Department of Transportation, providing for the increase ~n the scope of work and an increase m the payment amount, and providing an effective date (Ordinance 95-227 - Construction of Denton Raft Trail, 20% of projected cost ($435,000) $87,000 plus Purchase Order 10492 for Change Order 1 ~n the amount of $70,894 49) 9 Consider adoption of an Ordinance accepting competmve b~ds awarding a public works contract for the construction of Amarillo Street S~dewalk, providing for the expenditure of funds therefore, and prowdang an effective date (B~d 2560 - Amarillo Street S~dewalk awarded to Seneca Contracting, in the amount of $22,237) 10 Consider adoption of an ordinance accepting competitive b~ds and awarding a pubhc works contract for the construction of Graveyard Branch Interceptor Samtary Sewer Mare, prowdmg for the expenchture of funds therefore, and prowdlng an effective date (B~d 2571 - Graveyard Branch Interceptor Sanitary Sewer Main awarded to S J Lores Construction of Texas Ltd L L P, ~n the amount of $2,302,537 22) 11 Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement w~th Tan'ant County and awarding a contract for the pumhase of pohce sedans, prowd~ng for the expanthture of funds therefore, and prowd~ng an effective date (File 2574 - Interlocal Agreement for Police Sedans w~th Tarrant County Interlocal Agreement awarded to F~ve Star Ford in the amount of $223,140) 12 Conaider awarding a contract for the purchase of materials supplies or services necessary for the maintenance of software as approved by the State of Texas General Services Commission Department of Information Resources (DIR), providing for the expenditure of funds therefore, and providing an effectave date (Purchase Order 10008 to Texas Department of Information Resources ~n the amount of $39,146 66) 13 Consider adoption of an ordinance awarding a contract for the lease purchase of an Iframe Hardware Component and Integrated Server Software System as approved by the State of Texas General Services Commission through a Quahfied Information Services Vendor (QISV) Catalogue, prowdmg for the expenditure of funds therefore and providing an effective date (Purchase Order 10009 to Intelhware Systems, Inc ~n the amount of $47,832 for Payment 1 of 3 total expenditure of $143,496) 14 Consxder adoption of an ordinance prowdmg of the expenditure of funds for purchase of materials, supphes or services for the purpose of presenting the seven habits of hxghly City of Dentgn C~ty Council Agenda October 17, 2000 Page 5 effective people tra~mng which are avmlable from only one source in accordance wxth the provisions of state law exempting such purchases from requirements of compet~txve bids, providing an effective date (Purchase Order 10188 to Frankhn Covey in the mount of $44,917) 15 Consider adoption of an ordinance of the Cxty of Denton, Texas authorizing the expand~ture of funds for the payments by the C~ty of Denton for Electrical Energy Transmission fees to those listed cities and utilities provldxng energy transmission services to the C~ty of Denton, and providing an effective date (Purchase Orders 10189 to Central and South West Services, Inc, 10190 to TXU Electnc-Transmlsslon Division, 10191 to Lower Colorado l~ver, m the total amount of $185,645 75) 16 Consider approval of a resolution of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved retained earnings of the motor pool fund with ce~ficates of obligation for purchase of equipment, and providing an effective date 17 Consider approval of a resolution of the city of Denton, Texas to declare the ~ntent to reimburse expenditures from the unreserved fund balance of the general fund with certfficates of obhgatlon so that projects more fully described in the attachment to th~s resolution may be commenced, and providing an effective date 18 Consider approval of a resolution of the City of Denton, Texas to declare the mtent to reimburse expenditures from the unreserved fund balance of the general fund with general obligation bonds so that projects more fully described in the attachment to this resolution may be commenced, and prowdmg an effective date 19 Consider adoption of an ordinance of the City of Denton, Texas approving a lease agreement between the City of Danton, Texas and Dawd C Martmo for office space for the City of Denton Main Street Department located at 100 North Locust, Suite 2, authonmng the expenditure of funds therefore, and prowd~ng an effective date 20 Consider approval of a resolution of the City of Denton, Texas, approving the ehglblhty of the structure located at 114-116 N Locust/Il5-117 N Austin, Denton, Texas, for tax exemption for historically slgmficant sites pursuant to Chapter 10, Article VII Code of Ordinances of the C~ty of Denton, Texas, authorizing the C~ty Manager to execute a tax exemption cemficate, and declanng an effective date 21 Cortslder adoption of an ordinance and approval of an Interlocal Ambulance Agreement between the City of Denton and the following cities A C~ty of Argyle B City of Krum C City of Ponder D City of Sanger 22 Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving an agreement between the City of Denton and the Denton Affordable Housing Corporation, promdmg for the terms of smd contract, authorizing the City Manager to execute the agreement and to expend funds with respect to the agreement, and providing for an effective date City of Denton City Council Agenda October 17, 2000 Page 6 23 Consider adoption of an ordinance approving the City Manager to execute a Financml Adwsory Agreement between the City of Denton and First Southwest Company, authorizing the Mayor to execute the contract, approving the expenditure of funds therefore, and prowdmg for an effective date 24 Consider adoption of an ordinance approwng a Bond Counsel contract between the City of Dentun and McCall, Park_burst & Horton, L L P, authorizing the Mayor to execute the contract, approwng the expenditure of funds therefore, and providing for an effective date 25 Consider adoption of an ordmance authorizing the City Manager, or his designee, to execute an agreement w~th Doggett Enterprises, Inc for the Denton Friday N~ght Program, and prowdlng an effective date (Parks and Recreation Board recommends approval 6-0 ) 26 Consider adoption of an ordinance authorizing the Mayor to execute an mterlocal cooperation agreement between the City of Denton, Texas, and the City of Roanoke, Texas, for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the prows~ons of smd agreement, and providing for an effective date 27 Consider adoption of an ordinance of the C~ty of Denton authorizing the C~ty Manager to execute a professional services agreement w~th Freese and Nmhols, Inc for eng~neenng and surveying sennces pertmnmg to the Cooper Creek Regional Detention Pond No 1 Construction ProJect, authorizing the expenditure of funds therefore, and prowdmg an effective date 28 Consider adoption of an orchnance of the City of Denton, Texas authonmng the C~ty Manager to execute a professional servmes agreement with Teague, Nall and Perkins, Inc for engmeenng and surveying services pertaining to the Pecan Creek Master Plan update, authorizing the expenditure of funds therefore, and providing an effective date 29 Consider adoption of an ordinance authonmng settlement of ht~gat~on styled C~ty of Denton v Shady Shores 1-35 Jomt Venture, Cause No ED-00-00482, currently pending in the Probate Court of Denton County, Texas, anthonzing the City Manager and the C~ty Attorney to act on the C~ty's behalf ~n executing any and all documents necessary to effect such settlement, and to take such other actions deemed necessary to finalize the settlement and release of clmms, and declanng an effective date PUBLIC HEARINGS 30 Hold a pubhc heanng and consider approwng a Zoning Plan at 1207 and 1213 Wilson Street from a Single Family (SF-7) zoning d~stnct to a Planned Development (PD) zoning d~stnct The 1 8-aere property ~s generally located on the northwest comer of Wilson and Ruddell Streets Office uses for several non-profit agencies are proposed The Planmng and Zomng Commission recommends approval (6-1) w~th conditions (ZP-00-012, Denton Housing Authority) City of Denton City CoBIl¢ll Agenda October 17, 2000 Page 7 ITEMS FOR INDIVIDUAL CONSIDERATION 31 Consider adoption of an ordinance of the City of Denton, Texas anthonmng the City Manager to execute an electric d~stnbut~on system mmntenance and operation agreement by and between the City of Denton, Texas and the City of Sanger, Texas, wherem Denton Mtlnlclpal Elect'nc shall provide services to the City of Sanger relating to the mmntenance and operation of its electric distribution system, providing for the expenditure of funds thereunder, providing for retroactive effect of the agreement, and provlchng an effective date 32 Consider adoption of an ordinance of the City of Denton approving a real estate contract between the C~ty of Denton and Warren A Searls and Barbara Searls for the purchase of a parcel or tract of land contalmng approximately 0 008 acre or 359 square feet of land s~tuated m the N H Melsenhelmer Survey, Abstract 811 in the City of Denton, Denton County, Texas, for use as street right-of-way for U S Highway 77, with fee simple t~tle vesting m the State of Texas, acting by and through the Texas Transportation Commission, anthonzlng the expenditure of funds therefore, and providing an effective date 33 Consider adoption of an ordinance approving a real estate contract between the City of Denton and W H Bottoms, relatmg to the purchase of approximately 0 046 acre of land being located in the N H Melsenhelmer Survey, Abstract No 810 of Denton County, Texas for the U S Highway 77 ProJect, w~th title vesting m the State of Texas, authonzmg the expenditure of funds therefore, and providing an effective date 34 Consider adoption of an ordinance approving a real estate contract between the City of Denton and Oran Reaves, Jr and Rata Reaves, relating to the purchase of approximately 0 010 acre of land bemg located m the B B B & C RR Survey, Abstract No 186 of Denton County, Texas for the U S Highway 77 ProJect, with title vestmg ~n the State of Texas, authonzang the expenditure of funds therefore, and providing an effective date 35 Consider adoption of an ordinance declanng a pubhc necessity exists and finding that pubhc welfare and convemenee reqmres the taking and acqmnng of an approximate 0 1'44 acre or 6,253 square feet tract or parcel of land in fee simple for street purposes such t~tle to be ~n the name of the State of Texas, acting by and through the Texas Transportation Commission and smd property being located in the N H Melsenhelmer Survey, Abstract No 810 in the C~ty of Denton, Denton County, Texas, authorizing 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, authorizing the City Attorney to institute the necessary pmceedmgs in condemnation m order to acquire the property necessary for the public purpose of constructing street ~mprovements for U S Highway 77, and declanng an effective date (Parcel 16) 36 Consider adoption of an ordinance declanng a pubhc necessity exists and finding that pubhc welfare and convemence requires the taking and acqumng of an approximate 0 103 acre or 4,473 square feet tract or parcel of land in fee simple for street purposes such t~tle to be m the name of the State of Texas, acting by and through the Texas City of Denton City Council Agenda October 17, 2000 Page 8 Transportation Commission and smd property being located in the N H Melsenhelmer Survey, Abstract No 810 in the City of Denton, Denton County, Texas, authorizing the City Manager or bas designee to make an offer to purchase the property for its fmr market value and if such offer is refused, authorizing the C~ty Attorney to institute the necessary proceechngs m condemnation in order to acquire the property necessary for the public purpose of constructing street improvements for U S Highway 77, and deelanng an effective date 37 Consider adoptmn of an ordinance declanng a public necessity exists and finding that pubhc welfare and convemence reqmres the taking and acqumng of an approxxmate 0 026 acre or 1,141 square feet tract or parcel of land in fee sxmple for street purposes such txfle to be m the name of the State of Texas, acting by and through the Texas Transportatmn Commission and smd property being located in the N H Me~senhelmer Survey, Abstract No 810 in the City of Denton, Denton County Texas, and an approxxmate 0 056 acre or 2,425 square feet public utility easement m the name of the Cxty of Danton, Texas being located m N H Me~senhe~mer Survey, Abstract No 810 m the City of Denton, Denton County, Texas, anthonzxng the City Manager or his designee to make an offer to purchase the property for ~ts fmr market value and ~f such offer is refused, authorizing the C~ty Attorney to institute the necessary proceedings in condemnation in order to acqmre the property necessary for the public purpose of constructing street ~mprovements for U S H~ghway 77, and declanng an effective date (Parcel 31) 38 Consxder adoptxon of an ordinance declanng a public necessity exists and finding that pubhc welfare and convemence reqmres the taking and acqumng of an approximate 0 055 acre or 2,413 square feet tract or parcel of land in fee simple for street purposes such t~tle to be ~n the name of the State of Texas, acting by and through the Texas Transportation Commxsston and smd property being located in the N H Me~senhe~mer Survey, Abstract No 810 in the City of Denton, Denton County, Texas, and an approximate 0 0414 acre or 1,803 square feet pubhc utthty easement xn the name of the City of Danton, Texas being located m N H Memenhelmer Survey, Abstract No 810 in the C~ty of Denton, Denton County, Texas, authorizing the City Manager or his designee to make an offer to purchase the property for ~ts fmr market value and xf such offer is refused, anthonzmg the City Attorney to institute the necessary proceedings in condemnatxon m order to acqmre the property necessary for the public purpose of constructing street improvements for U S Highway 77, and declanng an effective date (Parcel 27) 39 Conmder adoption of an ordinance declanng a public necessity exists and finding that pubhc welfare and convemance reqmres the taking and acqumng of an approximate 0 421 acre or 18,331 square feet tract or parcel of land in fee simple for street purposes such txtle to be m the name of the State of Texas, acting by and through the Texas Transportation Commission and smd property being located in the B B B & C R R Survey, Abstract No 186 m the City of Denton, Denton County, Texas, and an approximate 0 1717 acre or 7,479 square feet public utility easement in the name of the C~ty of Denton, Texas being located in B B B & C R R Survey, Abstract No 186 in the City of Denton, Denton County Texas, anthonzlng the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is C:ty of Denton City Council Agenda October 17, 2000 Page 9 refused, authorizing the City Attorney to institute the necessary proceedings ~n condenmatlon in order to acqmm the property necessary for the pubhc purpose of constructing street improvements for U S H~ghway 77, and declanng an effective date (Parcel 36) 40 Consider adoption of an ordinance declanng a pubhc necessity exmts and find;ng that public welfare and convemence reqmms the talcng and acqumng of an approximate 0 574 acre or 25,020 square feet tract or parcel of land in fee s~mple for street purposes suoh t~tle to be m the name of the State of Texas, acting by and through the Texas Transportation Commission and stud property being located in the N H Me~senhe~mer Survey, Abstract No 810 m the C~ty of Denton, Denton County, Texas, authorizing the Cxty Manager or h;s designee to make an offer to pumhase the property for its ftur market value and ff such offer ~s refused, authorizing the C~ty Attorney to ~nst~tute the necessary proceedings m condemnation ~n order to acqmre the property necessary for the public purpose of constructing street ~mprovements for U S Highway 77, and declanng an effective date (Parcel 15) 41 Consxder adoption of an ordinance approwng a real estate contract between the City of Denton and Clyde Milton Martin, relating to the purchase of approximately 0 360 acre of land being located m the B B B & C RR Survey, Abstract No 186 of Denton County, Texas for the U S Hxghway 77 ProJect, w~th t~tle vesting ~n the State of Texas, authonmng the expenditure of funds therefore, and prowd~ng an effective date 42 Consider WalWng the fees for Denton Housing Authority for a Zomng Plan, ProJect Plan, Prehmmary Plat, and Fmal Plat for proposed development at 1207 and 1213 Wilson Street The 1 8-acre property ~s generally located on the northwest comer of Wilson and Ruddell S~eets The property ~s currently zoned SF-7 Office uses for several non-profit agenmes are proposed 43 Consider and take action on a request for rehef from the Non-Res~dentml Interim Regulations, Ordinance 2000-69, for a 4 1-acre property located at the southwest comer of Southndge and Interstate 35E The property ~s ~n an Office (O) zoning d~stnct A specffie use permit to allow remote off-street parking on the s~te ~s proposed (RN-O0-28, Peterbilt Expansion ProjecO 44 Consider approval of a resolution nominating members to the Apprmsal Rewew Board of the Denton Central Apprtusal D~stnct, and declanng an effective date 45 Constder nominations/appointments to the C~ty's Boards and Commissions 46 New Business Tlus ~tem prowdes a section for Council Members to suggest ~tems for future agendas 46 Items from the C~ty Manager A Notfficat~on of upcoming meetings and/or conferences B Clarification of ~tems on the agenda 47 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas City of Denton Cl[y Collncll Agenda October 17, 2000 Page 10 Open Meetings Act 48 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act Following completion of the Regular Meeting, the Council will convene ~nto a Work Session to consider the followmg 1 Receive a report, hold a discussion, and g~ve staff d~rect~on regarding the drag Development Code CERTIFICATE I certify that the above not, ce of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2000 o'clock (a m ) (pm) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE C1TY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDLrLED THROUGH THE CITY SECRETARY'S OFFICE Agenda Ne 0(') - D ~ (,.? Agendalt m CITY OF DENTON CITY COUNCIL MINUTES 0ate - / ~ September 12, 2000 - Work Session of the City of Denton City Council on Tuesday, September 12, 2000 at 6 00 p m in the Council Work Session Room m City Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Knstoferson and Young ABSENT Council Member Durranee Council considered Item #1 fi.om the Special Called Session Mayor Brock presented a proclamation for Constitution Week 1 The Council received a report, held a discussion, and provided staff d~rectlon regarding the revision of Chapter 6 of the Code of Orchnances regarding the regulation of ammals within the C~ty Jeanne Housewnght, Captmn-Denton Pohce Department, stated that lmtlally this report was generated as a result of a citizen concern over the number of animals m one household Additionally, staff identified numerous areas of Chapter 6 that should be thoroughly evaluated and rewsed as necessary Areas of concerns included (1) restricting the number of ammals that a person m~y have at h~s residence, (2) allowing ferrets within the c~ty limits, (3) a revision to the provision Iof complaints regarding ammal noises, (4) a revision of the dangerous animals section, (5) a rewslon to the rabies quarantine provision, and (6) possible reqmred stenhzation for all animals in the city limits Staffwould be consulting w~th local individuals and interested groups to obtmn input regarding the listed issues and other ~ssues that might need to be evaluated prior to a final proposed rewslon of the orchnances Consensus of the Council was to proceed w~th the staff recommendation plus an investigation into the number of households that might be affected with an ordinance restricting the number of animals in a residence 2 The Council received a report and held a d~scusslon regarding the stat~stmal analysis of police actlwty m the area of specific C~ty parks m response to expressed concerns about police operations Joanle Housewnght, Captam-Denton Police Department, presented the results of the research into the possible exmtence of racial profiling in the area of Fred Moore Park m comparison w~th police actawty at North Lakes Park, Clwc Center Park, and South Lakes Park Stat~stms showed that traffic stops and citations were based on viewed violations as opposed to stops based on race Council Member Young felt that Afiucan-Amencans ~n Denton were being targeted by the Police Department based solely on race 3 The Council received a report, held a discussion, and gave staff direction concerning revisions to the City of Denton "Impact Fee" Ordinance No 98-301 Tim Fisher, Assistant D~rector for Water Adm~mstratlon, stated that the C~ty began the collection of impact fees for all new developments on September 30, 1999 The ordinance was passed to fund wa~er and wastewater treatment infrastructure that would be required as development C~ty of Donton C~ty Council Minutes September 12, 2000 Page 2 occurred Staff had found that there were a number of s~tuat~ons that had proved d~fficult to ~nterpret and resulted m chsagreements between staff members and the development community and other governmental ent~t~es Options for Council to consider included a rews~on of the current or~hnance to clarify intent and to facilitate ~mplementat~on of the ~mpact fee ordinance umformly and w~th fewer exceptions, or make rews~ons to the ordinance at the time the C~ty needed to change the orchnance for the 3 year capital plan revisions or the incorporation of the Phase II ~mpact fee (line ~mpact fees) Consensus of the Council was to proceed w~th the staff recommendation ~n the t~me frame prowded Staffwould look into the possibility of estabhshmg a fund to help fund hardship cases w~th their ~mpact fees Council Member Durrance amved at the meeting 4 The Council recexved a report, held a dxscusslon, and gave staff d~rectxon concerning the Prehmxnary Design Report prepared by Camp, Dresser & McKee for upgrade of the Pecan Creek Water Reclamation Plant to 21 MGD capacity Jim Coulter, D~rector of Water/Wastewater Services, reviewed the summary of the design report as noted m the agenda materials and the englneenng contract associated wxth the desxgn of the plant Consensus of the Council was to proceed as recommended by staff 5 The Cotmcfl received a report, held a d~scussmn, and gave staff d~mct~on concerning a Professional Services Agreement w~th Camp, Dresser & McKee in an amount not to exceed $1,976,709 00, for the final design and for other professional services relanng to the upgrade of the Pecan Creek Water Reclamation Plant to 21 MGD capacity This item was considered w~th Item #4 6 The Cotmefl received a report, held a discussion, and gave staff direction regarding the Campus Theatre utility audit and a GDAC request for reimbursement of $10,691 42 Th~s amount represented the d~fference between the actual expenditure by Campus Theatre and the amount reimbursed by the C~ty for fiscal years ending 1997, 1998, and 1999 Susan Croft, Utflmes Services Manager, stated that Council had requested a usage audit of the Campus Theatre She reviewed the summary of that audit as noted in the agenda materials Consensus of the Council was to reimburse the requested funds plus an additional amount for the year 2000 Followmg completmn of the Work Sessxon, the Council convened anto a Special Called Session 1 Proclamation for Const~tutaon Week This ~tem was considered earher m the meeting C~ty of Denton City Counml Minutes September 12, 2000 Page 3 2 The Council considered adoption of an ordinance approving an Annexation and Consent Agreement between the C~ty of Denton and the Equestrian Development Corporation, relating to the estabhshment of a County Development District within the C~ty's extraterritorial junsdtctaon, and prowdmg an effective date Note See the attached pages 1-104 for a verbatim transcnptmn of the m~nutes Note Th~s ends the verbatim section of the minutes 3 The Council considered adoption of an ordinance of the City of Denton, Texas appromng a real estate contract between the C~ty of Denton and Flatiron Cambria I, L P, relating to the purchase of Lot 1, Block 1, Food L~on T-2 Addlt~on, located in the B B B & C R R Co Survey, Abstract No 186, Denton County, Texas consisting of approximately 4 07 acres of land, together wath ~mprovements, for use as a hbrary and other pubhc facilities, authorizing the expenditure of funds therefore, and pmv~rhng an effective date The followang ordinance was considered NO 2000-322 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND FLATIRON CAMBRIA I, L P, RELATING TO THE PURCHASE OF LOT 1, BLOCK 1, FOOD LION T-2 ADDITION, LOCATED IN THE BBB & C RR CO SURVEY, ABSTRACT NO 186, DENTON COUNTY, TEXAS CONSISTING OF APPROXIMATELY 4 07 ACRES OF LAND, TOGETHER WITH IMPROVEMENTS, FOR USE AS A LIBRARY AND OTHER PUBLIC FACILITIES, 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", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Morton carried unammously 4 The Council held a chscuss~on and appointed a City Councd representative to the Aquatic Center ProJect Team to provide input and gmdance to staff and consultants dunng the design phase of the aquatic center Councd Member Cochran nonunated Council Member Knstoferson to the Committee On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unanimously W~th no further business, the meeting was adjourned at 11 10 p m JENNIFER WALTERS EUL1NE BROCK CITY SECRETARY MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES SEPTEMBER 15, 2000 Work Session of the City of Denton City Council on Friday, September 15, 2000 at 10 00 a m m the Council Work Session Room m City Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Couneal Members Burroughs, Coehran and Knstoferson ABSENT Council Member Durrance and Young 1 The Council received a report, held a discussion, and gave staff direction regarding the release of the Draft Development Code for public review a Introduction Purpose and structure of the draft Development Code and the draft Development Code review process b Code Committee Report Dave Neal, Code Committee Chmrman, will summarize Code Committee comments related to the draft code c Release of the draft Development Code for public review, for the following topics I Draft Development Code 1 Zomng Regulations 2 Subdlvlsmn Regulations n Draft Zoning Map Official Map & Future Zomng d Draft Public Review Program i Draft Public Review Schedule al Draft Development Code Video 111 Draft Interactive Webslte Format av Draft Pubhcatmn Doug Powell, Director of Planning and Development, stated that this meeting was intended to provide an opportunity to review the draft comprehensive plan, discuss outstanding Issues, and for the Council to provide direction to staff regarding the public review and approval process Dave Neal, Chair-Code Committee, felt that the Committee's work was a success He thanked staff, the committee and the consultant for all of the work that was done Council discussed vinous issues relating to the proposed Development Code Amendments were made and incorporated into the Code per Council direction Powell reviewed the current schedule for releasing the proposed document to the public However; based on the comments made by Council at this meeting plus the work stall needed to be done by staff, it was felt that the schedule should be pushed back by 30 days or so Council Member Durance amved at the meeting John Fregonese, consultant, suggested having an afternoon meeting to review just the zoning map Consenst}s of the Council was to have one more meeting regarding the draft, to make adjustmeJats on the feedback given at this meeting, at the next meeting go through the GIS City of Denton City Council Minutes September 15, 2000 Page 2 system for zomng, any outstanding legal issues and any further issues that Council might want to discuss With no further discussion, the meetmg was adjourned at :5 O0 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF IDENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES September 26, 2000 After determining that a quorum was present and convemng in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, September 26, 2000 at 5 00 p m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Knstoferson and Young ABSENT Council Member Durrance 1 Closed Meeting A Deliberations Regarding Certmn Public Power Utilities Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** 1 The Council received competitive electric and commercial information from Staff, chseussed, deliberated, and considered final action and approval of a First Amendment to the Interruptible Natural Gas Transportation Agreement by and between the City of Denton end TXU Lone Star Pipeline, dated December 14, 1999, pertmmng to natural gas reqmrements to be furnished to the Denton Mtmlclpal Electric Spencer Steam Power Plant to be used for the production of electric energy 2 The Council received competitive electric and commercial information from one of the C~ty's Texas Municipal Power Agency ("TMPA") Board Members and/or City Staffpertammg to certain matters respecting present and future maintenance issues, financial issues, operational issues, legal and compliance ~ssues, and other related issues and strategies concermng the City's interest m, and its business relationship with TMPA, and discuss, deliberate, consider, and provide such TMPA Board Member and/or Staffwith direction regarding such matters B Consultation with Attorney - Under TEX GOV'T CODE Section 551 071 1 The Council considered and discussed possible settlement authority of litigation styled Truman and Carole Harp v City of Denton, Cause No 98-30822-211, currently pending In the 393ra District Court of Denton County, Texas 2 The Council discussed and considered strategy and settlement proposal with the City's attorneys in litigation styled City 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 discuss legal issues concerning th~s litigation with the attorneys where to discuss these matters m public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas City of DeI~ton Clty Council Minutes September 26, 2000 Page 2 Regular Meetmg of the C~ty of Denton C~ty Cotmcfl on Tuesday, September 26, 2000 at 6 00 p m ~n the Council Chambers at City Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Knstoferson and Young ABSENT Council Member Durrance 1 Pledge of Allegtance The Council and members of the authence recited the Pledge of Allegiance to the U S and Texas flags 2 The Council constdered approval of the minutes of September 5, 2000 Mayor Pro Tem Beasley stated that Item #14 on page 4 needed a vote added Cochran motaoned, Young seconded to approve the m~nutes wah the noted correctton On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motmn earned unammously PROCLAMATIONS/PRESENTATIONS 3 Mayor Brock presented the following Proclamataons a Prostate Cancer Awareness Month CITIZEN REPORT 4 The Council received a mt~zen report from Roosevelt Washangton, Jr regardmg a tap fee for sewer service Mr Wasbangton asked that the sewer tap fee for hts property be waived due to the sttuatlon of the dual servme on the property He felt that the fee should be wmved in thts case Council Member Young asked that the Council constder warring the fees City Manager Sez mdmated that the tap had been set and staff was wmtmg collecting of the fee until after the Council decision regardmg th~s situation He suggested that the ttem be conmdered at the Cotmcfl's October l0th work session to address thas situation and at that meettng give staff d~rectton regarding these types of tssues 5 The Council received a mtlzen report from Dess~e Goodson regarding httenng and racml and sexual profihng Ms Goodson stated that the Ctty was not tn comphance w~th the ADA regulattons for hanthcapped s~dewalks She felt that her rights had been wolated as she was protesting why the stdewalks were being tom up and not replaced correctly C~ty of Denton City Council Minutes September 26, 2000 Page 3 NOISE EXCEPTION 6 The Council considered adoption of an ordinance of the C~ty of Denton, Texas, pursuant to secUon 20-1(c)(2) of the Code of Ordmances of the C~ty of Denton, Texas, an exception to the hmltatlonS ~mposed by that secUon w~th respect to hours of operation of an amphfied loudspeaker system, and providing an effective date (C~ty of Denton Employee Plcmc) The followmg ordinance was considered NO 2000-323 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PURSUANT TO SECTION 20-1(C)(2) OF THE CODE OF ORDINANCES 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 (CITY OF DENTON EMPLOYEE PICNIC) Cochran motmned, Beasley seconded to adopt the ordmance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously CONSENT AGENDA Mayor Brock mdlcated that Item #35 had been pulled and would not be considered Council M~mber Cochran asked to pull Item #24 for separate cons~deraUon Councd Member Durrance arnved at the meeUng Beas]ey motioned, Young seconded to approve the Consent Agenda and accompanying ordinances and resolutmns voth the exceptmn of Item #24 On roll vote, Beasley "aye", Burrougl~ "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" MotJon carned unanmlously 7 NO 2000-324 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SERVICE COORDINATION PROGRAM FOR EMERGENCY FiNANCIAL AID, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2523 - SERVICE COORDINATION PROGRAM FOR EMERGENCY FINANCIAL AID AWARDED TO HELPNET OF THE GREATER DENTON AREA IN THE AMOUNT OF $22,500) C~ty of Denton City Council Minutes September 26, 2000 Page 4 8 NO 2000-325 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2524 - INFANT & CHILD PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO FRED MOORE DAY NURSERY SCHOOL IN THE AMOUNT OF $38,000) 9 NO 2000-326 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2525 - CHILDCARE PROGRAMS FOR LOW-INCOME FAMILIES AWARDED TO DENTON CITY- COUNTY DAY SCHOOL IN THE AMOUNT OF $26,000) 10 NO 2000-327 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PRENATAL PROGRAM FOR LOW-INCOME FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTWE DATE (BID 2526A - PRENATAL PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO FAMILY HEALTH CARE, INC FOR $25,000) 11 NO 2000-328 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW- INCOME FAMILIES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2527 - EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO INTERFAITH MINISTRIES OF DENTON FOR $17,250) 12 NO 2000-329 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION & PREVENTION PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2528 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION AND PREVENTION PROGRAM AWARDED TO DENTON COUNTY FRIENDS OF THE FAMILY IN THE AMOUNT OF $36,000) C~ty of Denton C~ty Cotmml M~nutes September 26, 2000 Page 5 13 NO 2000-330 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SELF-SUFFICIENCY PROGRAM FOR LOW-INCOME & HOMELESS FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2529 - SELF- SUFFICIENCY PROGRAM FOR LOW-iNCOME & HOMELESS FAMILIES AWARDED TO HOPE, INC IN THE AMOUNT OF $30,000) 14 NO 2000-331 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONGREGATE & HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDiNG FOR AN EFFECTIVE DATE (BID 2530A - CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS AWARDED TO SPAN INC IN THE AMOUNT OF $29,000) 15 NO 2000-332 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING TWO PUBLIC WORKS CONTRACTS FOR THE CONSTRUCTION OF PRE- ENGINEERED/PREFABRICATED METAL BUILDING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDiNG AN EFFECTIVE DATE (BID 2561 - METAL BUILDING(S) AND "T' SHED iN THE AMOUNT OF $85,024) 16 NO 2000-333 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN EMERGENCY PURCHASE OF URD ELECTRIC POWER CABLE IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PO 07933 - TEMPLE, INC IN THE AMOUNT OF $689,665 00) 17 NO 2000-334 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SCHRICKEL, ROLLiNS AND ASSOCIATES, INC TO PROVIDE FOR THE AQUATIC CENTER CONCEPT PLAN AND BUSINESS PLAN FOR THE CITY OF DENTON PARKS DEPARTMENT AS SET FORTH IN THE CONTRACT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE CRFSP 2548 - PROFESSIONAL SERVICES AGREEMENT FOR AQUATIC CENTER CONCEPT PLAN AND BUSINESS PLAN AWARDED TO SCHRICKEL, ROLLINS & ASSOCIATES, iNC IN THE AMOUNT OF $111,500) C~ty of Denton C~ty Council Minutes September 26, 2000 Page 6 18 NO 2000-335 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 (HGAC) FOR THE ACQUISITION OF A SEWER FLUSHING TRUCK BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PO 07554 TO HGAC/UNDERGROUND INC IN THE AWARD OF $78,425 52) 19 NO 2000-336 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR JANITORIAL SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2552 - JANITORIAL SERVICES AWARDED TO ONE SOURCE FACILITY SERVICES, INC IN THE AMOUNT OF $294,431 00) 20 NO 2000-337 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A BIOCHEMICAL OXYGEN DEMAND (BOD) WORKSTATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2556 - B~OCHEMICAL OXYGEN DEMAND SYSTEM AWARDED TO LABTRONICS, INC IN THE AMOUNT OF $28,529) 21 NO 2000-338 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF STEEL STRUCTURES AND EQUIPMENT FOR POCKRUS SUBSTATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2559 - POCKRUS SUBSTATION STEEL STRUCTURE MATERIAL AND EQUIPMENT AWARDED TO UTILISERVE HIGH VOLTAGE GROUP IN THE AMOUNT OF $88,498) 22 NO 2000-339 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MISCELLANEOUS MATERIAL FOR RECONSTRUCTION OF THE DENTON NORTH TO NORTH LAKES 69KV TRANSMISSION LINE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2566 - 138KV POLE HARDWARE AND CROSSARMS IN THE AMOUNT OF $81,314) C~ty of Denton C~ty Council Minutes September 26, 2000 Page 7 23 NO 2000-340 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE ANNUAL CONTRACT FOR THE PURCHASE OF ZETAG 7878 (FORMERLY PERCOL 778), A PRODUCT ONLY AVAILABLE FROM ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (FILE 2568 - AWARDED TO FORT BEND SERVICES, INC AT 1 36 PER GALLON - ANNUAL ESTIMATED USAGE IS 25,000 GALLONS OR $52,000) 25 NO 2000-342 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PORTABLE AND MOBILE 800 MHZ RADIOS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PO 07577 - MOTOROLA IN THE AMOUNT OF $36,988 95) 26 NO 2000-343 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES (LAPTOP COMPUTERS) AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH THE QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PO 07562 TO MOBILE DYNAMICS COMPUTERS USA IN THE AMOUNT OF $49,568) 27 NO 2000-344 AN ORDINANCE SETTING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEBUYER ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA FOR THE 2000 GRANT YEAR, AUTHORIZING EXPENDITURES IN EXCESS OF $1.5,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA, AND PROVIDING AN EFFECTIVE DATE 28 NO 2000-345 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA, AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING THE PROGRAM GUIDELINES AND CRITERIA, AND PROVIDING AN EFFECTIVE DATE C~ty of Denton C~ty Council M~nutes September 26, 2000 Page 8 29 NO 2000-346 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME IMPROVEMENT AND OPTIONAL RECONSTRUCTION PROGRAMS AND ELIGIBILITY CRITERIA FOR THE 2000 GRANT YEAR, AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA, AND PROVIDING FOR AN EFFECTIVE DATE 30 Tlus ~tem was pulled from conmderat~on 31 NO 2000-347 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING AN EFFECTIVE DATE 32 NO 2000-348 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE 33 NO R2000-048 A RESOLUTION BY THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1995 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 1995 TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING AN EFFECTIVE DATE 34 NO R2000-049 A RESOLUTION BY THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1996 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 1996 TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT City of Denton C~ty Cotmed Minutes September 26, 2000 Page 9 i 974, AS AMENDED AND THE AFFORDABLE HOUSING ACT OF 1990, AS NDED, AND PROVIDING AN EFFECTIVE DATE 35 Tins ~tem was pulled from consideration 36 NO 2000-349 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON iNDEPENDENT SCHOOL DISTRICT FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 37 NO 2000-350 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER FORCE MAIN AND LIFT STATION COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON INDEPENDENT SCHOOL D~STRICT FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER FORCE MAIN AND LIFT STATION AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 38 NO 2000-351 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EMCON, A TEXAS CORPORATION, FOR ENGINEERING SERVICES PERTAINING TO CONSTRUCTION MANAGEMENT AND TESTING SERVICES DURING THE CONSTRUCTION PHASE TO THE EXPANSION OF CITY OF DENTON LANDFILL CELLS 2A AND 2B, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 39 NO 2000-352 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MIANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CAMP DRESSER & MCKEE, INC FOR ENGINEERING SERVICES PERTAINING TO THE FINAL DESIGN OF, THE PREPARATION OF ENGINEERING PLANS, SPECIFICATIONS, AND RELATED BID DOCUMENTS FOR, TOGETHER WITH OTHER PROFESSIONAL ENGINEERING SERVICES INCIDENT TO THE CONSTRUCTION AND EXPANSION OF THE PECAN CREEK WATER RECLAMATION PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE City ofDe~ton Clty Council M~nutes September 26, 2000 Page 10 40 NO 2000-353 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SHIMEK, JACOBS & FINKLEA, L LP, FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON 900 SERVICES LEVEL ONE MILLION GALLON ELEVATED WATER STORAGE TANK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 41 NO 2000-354 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT 'WITH ADS ENVIRONMENTAL SERVICES, INC, FOR ENGINEERING SERVICES PERTAINING TO A SMOKE-TESTING STUDY OF THE HICKORY CREEK SANITARY SEWER BASIN, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 42 NO 2000-355 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ADS ENVIRONMENTAL SERVICES, INC, FOR ENGINEERING SERVICES PERTAINING TO THE CLOSED CIRCUIT TELEVISION INSPECTION OF MIDDLE PECAN SEWER BASINS PH AND PJ, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 43 NO 2000-356 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES AGREEMENT WITH BARBARA T MCCALL ASSOCIATES, INC TO PROVIDE CERTAIN INFORMATION AND SERVICES WITH REGARD TO LEGISLATION OF INTEREST TO THE CITY 44 NO 2000-357 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ELECTRIC COOPERATIVE, INC, DBA COSERVE ELECTRIC TO PROVIDE ELECTRIC SERVICE FOR CITY STREET LIGHTS IN SUBDIVISIONS THAT COSERVE PROVIDES ELECTRIC SERVICE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE City of Denton City Council Minutes September 26, 2000 Page 11 45 NO R2000-050 A RESOLUTION TO APPROVE CERTAIN MATTERS AS REQUIRED BY SECTION 147(F) OF THE INTERNAL REVENUE CODE IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE MILFORD HIGHER EDUCATION FACILITIES CORPORATION FOR THE BENEFIT OF LIBERTY CHRISTIAN MINISTRIES, INC, AND PROVIDING AN EFFECTIVE DATE PUBLIC HEARINGS 46 The Council held a public heanng inviting citizens to comment on the proposed usage of the 1999 Local Law Enforcement Block Grant funding The Mayor opened the public heanng No one spoke dunng the public heanng The Mayor closed the public heanng 47 The Council held a public heanng and considered adoption of an ordinance approving a Detailed Plan for Section A-3 of the Preserve at Pecan Creek in Planned Development (187) The 41 7 acre property was located on the south side of Pockrus Page Road west of Swisher Road Residential development was proposed The Planning and Zoning Commission recommended approval (6-0) w~th conditions (Z-00-11, The Preserve at Pecan Creek, Section A-3) Doug Powell, Director for Planning and Development, stated that 194 units were proposed for the 41 7 acres Staff was not clear on the intent of the Planning and Zoning Commission regarding contht~on #1 He suggested Council clarify that recommendation Council Member Cochran suggested clanfy~ng the wording to state a wooden privacy fence with brick columns every 50 feet The Mayor opened the public heanng The following mdlmduals spoke during the public heanng Marc Foothc - favor The Mayor closed the public heanng The following ordinance was considered NO 2000-358 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT-187 City of Denton City Council Minutes September 26, 2000 Page 12 (PD-187) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 42 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF POCKRUS PAGE RD WEST OF SWISHER RD, APPROVING A DETAILED PLAN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-11) Beasley motioned, Young seconded to adopt the ordinance with the amendments as suggested by the Plarm~ng and Zoning Commission plus a wooden privacy fence would be built on Pockrus Page with brick columns every 50 feet and the inclusion of photographs indicating the design ' 1 "aye", standards ,that would be used in the development On rol vote, Beasley Burroughs "aye", Cochran ~'aye", Durrance 'haay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned with a 6-1 vote 48 The Council continued a public heanng and considered adoption of an ordinance approving a Detailed Plan for Section M of the Preserve at Pecan Creek The 14 76 acre property was located on the east side of Lakevlew Boulevard approximately 2500 feet northeast of the intersection of Lakewood Boulevard and Swisher Road It was in the Planned Development 132 (PD-132) zoning district A single-family subdiwslon of 62 homes was proposed I The Planning and Zomng Commission recommended approval (6-0) (Z-O0-O12, The Preserve at Pecan Creek -Sectton M) Doug Powell, Director of Planning and Development, stated that the Planning and Zoning Commission had recommended the proposal with no conditions The Maygr opened the public heanng The following individual spoke dunng the public heanng Mare Foothc - favor The Mayor closed the public hearing The following ordinance was considered NO 2000-359 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT-187 (PD-187) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR ApPROXIMATELY 42 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF POCKRUS PAGE RD WEST OF SWISHER RD, APPROVING A DETAILED PLAN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-11) City of Donton City Council Minutes September 26, 2000 Page 13 Knstoferson motioned, Cochran seconded to adopt the ordinance with the condition that the site design would be no less restrictive than prewous phases On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance '~nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" MoUon earned with a 6-1 vote 49 The Council held a public heanng and considered approving a Detmled Plan/Project Plan for a Planned Development Dmtnct 188 (PD-188) for Umverslty Courtyard The 18 2 acre property was located at the southwest comer of Bonme Brae and West Hmkory Multlfamdy development was proposed The Planning and Zomng Commission recommended approval (5- 1) with conditions (Z-00-014, Umvers~ty Courtyard) Doug Powell, Director of Planmng and Development, stated that this was a combined apphcat~on under the interim regulations The Planning and Zoning Commission recommended approval w~th five conthtlons as noted in the agenda materials The Planned Development would allow the bmldlngs to be moved closer to Bonnie Brae and would allow a variance from the parlang regulations so as to not meet the minimum regulations The Mayor opened the public heanng The following mdlmduals spoke dunng the public heanng Matt Marshall, 348 Enterprise Drive, Dallas - favor Phil Dleble, UNT - favor The Mayor closed the public heanng The following ordinance was considered NO 2000-360 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDiNG ORDINANCE 2000-311 TO PROVIDE FOR A DETAILED/PROJECT PLAN FOR 18 2 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 188 (PD-188) ZONING DISTRICT,THE SUBJECT PROPERTY BEING 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 AN EFFECTIVE DATE (z-00-014) Young motioned, Burroughs seconded to adopt the ordinance with the conditions as recommended by the Planmng and Zomng Comm~ssion and the landscape plan as shown regarding the parking lot On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Mot~oncamedw~tha6-1 vote 50 The Council held the first of two public heanngs regarding a proposed voluntary annexation of an approximately 37 8 acre tract of land located southeast of the comer of Teasley Lane and Hickory Creek Road in the extraterritorial junsdmtion of the City of Denton, Texas (A-lO0, Forester TracO City of De~nton C~ty Counml M~nutes September 26, 2000 Page 14 Doug Powell, D~rector of Planmng and Development, stated that the proposal was to annex the property w~th an agricultural desagnatmn This was a voluntary apphcatlon for annexation The Mayor opened the pubhc heanng No one spoke dunng the pubhc hearing The Mayor closed the pubhc heanng ITEMS FOR INDIVIDUAL CONSIDERATION Item #24 from Consent Agenda was eunsldered 24 NO 2000-341 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PROMOTIONAL COMMERCIAL SPOT AIRTIMES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF THE STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PO 07555 - CHARTER MEDIA IN THE AMOUNT OF $36,608) Beasley mottoned, Burroughs seconded to adopt the ordmance On roll vote, Beasley "aye", Burroughs "aye", Coehran "nay", Durranee "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned w~th a 6-1 vote 51 The Cotmcfl considered approval of a resolution appmntmg members to the Board of Directors of the North Texas H~gher Education Authority, and declanng an effective date The following resolutmn was considered NO R2000-051 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, AND DECLARING AN EFFECTIVE DATE Burroughs 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 52 The Council considered appointing a voting delegate and an alternate voting delegate to the National League of C~t~es Annual Congress of C~tles Mayor Pro Tem Beasley nominated Mayor Brock and Council Member Young On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Morton camed unammously City of Denton City Council Minutes September 26, 2000 Page 15 53 The Council considered the appointment of two Deputy City Secretaries Burroughs motioned, Coehran seconded to approve the appointment Judle Talbot and Laurie Pearson as Deputy City Secretaries to handle beer and wine permits On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dun'ance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Morton camed unammously 54 The Council considered nommatlons/appomtments to the County Development District Board of D~rectors Council Member Burroughs nominated Mark Chew Mayor Brock nominated Pack Svehla On roll vote on the above normnatlons, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 55 This item was pulled from eonslderatlun 56 The Council considered adoption of an ordinance anthorlzmg the City Manager to execute a~ agreement for a grant with the Texas State Library and Archives Commission to provide library services to preschool ebaldren in day care centers, ratifying the actions of the City Manager,,Dlreetor of the Library, and other City officials in regard to the grant apphcatlon, and providing an effective date The following ordinance was considered NO 2000-361 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A GRANT WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO PROVIDE LIBRARY SERVICES TO PRESCHOOL CHILDREN IN DAY CARE CENTERS, RATIFYING THE ACTIONS OF THE CITY MANAGER, DIRECTOR OF THE LIBRARY, AND OTHER CITY OFFICIALS IN REGARD TO THE GRANT APPLICATION, AND PROVIDING AN EFFECTIVE DATE Knstoferson motioned, Young seconded to adopt the orchnanee On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durranee "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motaon carned unanimously 57 The Council considered adoption of an ordinance authorizing the City Manager to sign an agreement partially releasing an easement granted to the City from a blanket easement previously assigned to the City of Denton from Brazos Electric Power Cooperative, and providing an effective date The following orchnance was considered C~ty of Denton C~ty Counml M~nutes September 26, 2000 Page 16 NO 2000-362 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT PARTIALLY RELEASING AN EASEMENT GRANTED TO THE CITY FROM A BLANKET EASEMENT PREVIOUSLY ASSIGNED TO THE CITY OF DENTON FROM BRAZES ELECTRIC POWER COOPERATIVE, AND PROVIDING AN EFFECTIVE DATE Young motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unanimously 58 The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the C~ty Manager to execute an agreement for professional legal servmes w~th Lloyd, Gossehnk, Blevlns, Rochelle, Baldwin & Townsend, P C, for legal services regarding representation of the C~ty before the Pubhc Utilities Commission of Texas ~n Docket Numbers 22344 and 22350, ~n the areas of pubhc utd~ty regulatory law and adm~mstrat~ve law, respecting the activities of Denton Mumc~pal Electric, anthonz~ng the expenditure of funds therefore, prowd~ng for retroactive effect of the agreement, and providing an effective date The following ordinance was considered NO 2000-363 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 REGARDING REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS IN DOCKET NUMBERS 22344 AND 22350, IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE Knstoferson motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unanimously 59 The Council considered and took action on a request for rehef from the Residential Interim Regulations Ordinance 2000-046 for a 12 2 acre parcel south of Longndge, east of Teasley and west of Lynhurst The property was m a S~ngle Famdy Dwelhng-10 (SF-10) zomng dlsmet (RR-O0-O I 8, Longrtdge Estates) Doug Powell, D~rector of Planmng and Development, stated that th~s was a request for relief from the interim regulations W~thout the rehef, the developer would have to submit a zoning plan and a project plan and comply with all of the standards of the ~ntenm regulatmns Th~s area was not ~n an environmentally sensitive area C~ty of Denton Clty Courted M~nutes September 26, 2000 Page 17 Allen Bucell spoke m favor of the request J~m Strange spoke ~n favor of the request Cochran motioned, Young seconded to approve the request for rehef On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durranee "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 60 The Councd considered approval of a resoluUon of the C~ty Council of the C~ty of Denton, Texas urging the Texas Mumc~pal League to support the amendment of Texas State Law to prowde for funding under H R 701, the Conservation and Re~nvestment Act, CARA, pending federal leg~slaUon The following resolution was considered NO R2000-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS URGING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT THE AMENDMENT OF TEXAS STATE LAW TO PROVIDE FOR FUNDING UNDER H R 701, THE CONSERVATION AND REINVESTMENT ACT, CAR. A, PENDING FEDERAL LEGISLATION Cochran moUoned, Young seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" MoUon camed unantmously The agenda addendum ~tems were considered 1 The Council considered adoption of an ordinance authorizing the C~ty Manager to file an apphcaUon, execute a grant, and subsequent amendments w~th the U S Department of Transportation Federal Transit Adrmmstrat~on for a grant authorized by 49 U S C, Section 5307, and providing an effecUve date The following ordinance was considered NO 2000-364 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION, EXECUTE A GRANT, AND SUBSEQUENT AMENDMENTS WITH THE U S DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR A GRANT AUTHORIZED BY 49 U S C, SECTION 5307, AND PROVIDING AN EFFECTIVE DATE Young motioned, Knstoferson seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously City of Denton City Council M~nutes September 26, 2000 Page 18 2 The Council considered adopUon of an ordinance authonmng the C~ty Manger to make an apphcatlon with and then to execute a public transportation agreement and subsequent amendments with the Texas Department of Transportation for funding pubhc transportation, and provldmg an effective date The following ordinance was considered NO 2000-365 AN ORDINANCE AUTHORIZING THE CITY MANGER TO MAKE AN APPLICATION WITH AND THEN TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motmn camed unammously 61 The Council considered nominat~ons/appmntments to the City's Boards and Comm~sslons There were no nommat~ons/eppomtments made at thru meeting 62 New Business The following items of New Business were suggested by Council Members for future agendas A Council Member Knstoferson asked for a clarification of the definition of open space B Council Member Cochran asked for a d~scuss~on regarding the hcenmng and taxmg of 8-liners C Council Member Young asked for consideration of a dog poop ordinance 63 Items fi.om the City Manager C~ty Manager Jez did not have any items for Council 64 The Council continued a Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act after the completion of the Work Session and Special Called Session 65 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act Followmg completion of the Regular Meeting, the Council convened ~nto a Work Session C~ty of Denton City Council Minutes September 26, 2000 Page 19 1 The Council received a report, held a discussion, and gave staff d~rectlon regarding a tax abatement request from Big D Properties, Inc for redevelopment of the Texas Instruments faclhty Lmda Rathff, Director of Commumty Development, reviewed the pros and cons of the tax abatement request as discussed by the Joint Tax Abatement Committee and as noted in the agenda materials Mike Kevhn spoke in favor of the proposal Consensus of the Council was to prepare the necessary documents for consideration of the tax abatement Following completion of the Work Session, the Cotmcfl convened ~nto a Special Session to consider the following 1 The Council considered approval of a resolution of the City of Denton, Texas calling a public hearing to consider estabhshmg a Remvestment Zone III for B,g D Properties, Inc, ratifying prior actions, and declanng an effective date The following resolution was considered NO R2000-053 A RESOLUTION OF THE CITY OF DENTON, TEXAS CALL1NG A PUBLIC HEARING TO CONSIDER ESTABLISHING A RE1NVESTMENT ZONE III FOR BIG D PROPERTIES, INC, RATIFYING PRIOR ACTIONS, AND DECLARING AN EFFECTIVE DATE Knstoferson motioned, Burroughs seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned with a 6-1 vote W~th no further bus~ness, the meeting was adjourned at 10 30 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CondonseltTM Page 3 I P R O C E E D I N G S received two calls on the project 2 MAYOR BROCK city of Denton City Council 2 Also another question that came up or an 3 We have SlX items that are lteaus for individual 3 issue that came up was last wenk we advised you that thc 4 conslderaUon that we will be discussing and taking actaon 4 contract contained a half cent sales tax and we were asked 5 on Actually, tho first one was Io issue a proclanmtlon 5 if we could limit the tame that the half-cent sales tax 6 which we did at the beginning of the work session 6 would be imposed or reduce it back to a quurl~r of a cent 7 The second item wluch we'll now be 7 I think I have m your backup that you got on Friday, it 8 considering is to consider adoption of an ordinance 8 says that a would be necessary the half-cent would be 9 approving an annexataon and consent agreement between the 9 necessary However, further conversation with the 10 City of Denton and The Equestrian Development Corporation 10 attorney and the developer there is some wording in the 11 relating to the estabhs~uent of a County Development 11 contract that allows the City to have access to that 12 Dlsmct within the City's extra~rrlional jumdtetion 12 half cent but it does say after the first bonds are 13 and providing an effective date 13 retired 14 And, by the way, since this is a 14 Another question was why is fl Couu~/ 15 special called session and we do have items for individual 15 Development D~smct necessary to finance the project 16 consideration, it is possible for members of the public to 16 And m Vlsmng with the attorney they have indicated 17 speak to the Council on items that we're considering And 17 that the CDP prowdes thena w~th the broadest authority and 18 if you would like to, you'll have a three-minute limit, 18 the best financing opportunities Io make this a viable 19 that you need to fill out a blue request to speak form and 19 project Have any other CDD contracted or creatad debt') 20 staff membgrs will make these available to you So if 20 None have completed the Attorney General's process at this 21 you'd like to raise your hand, and enmeone will brmg you 21 ume Can CDB s be taxed? They am themselves 22 a blue card Is that right? Do we have some to hand 22 tax-exen~pt However they can tax, assess tax 23 out? All right Thank you All right So to introduce 23 Have any CDr) s applied for bonds ye~? And 24 the topic, Lmda Rathff, Director of Econmmc 24 if so, were any approved? If not, are they waiting on thc 25 Development 25 Attorney General approval or other bond counsel outside Page 2 Page 4 MS RATLIFF Good evening, members of the 1 this State') The Lantana District which is south of us is 2 City Council I will be opening up this discussion 2 ready to sell bonds However they are waiting on an 3 tonight and then also Ed Snyder from the legal staff will 3 AUorney General opinion regarding whether or not 4 be here to respond to any questions that you nught have 4 residential is allowed in a County Development District 5 At our last meeang, we left with several questions to 5 The arena developers have indicated that should 'die 6 research and respond back to Council I know that the 6 Attorney General conclude that residential uses are not 7 legal staff has provided you with responses Io those 7 allowed, that they would re assess the scope of the 8 ~ssues that were considered legal questions and you have 8 project or de.atone if the residential could be done 9 those in your weekly status report In our backup, I 9 without CDD ~nfrastructure assistance I'm ready to 10 would hke to address just a few of the items that or a 10 respond to any questions you might have or if you would 11 few of the questions that were posed 11 like to hear from Ed Snyder regarding legal questions I'd 12 One question was could we put something in 12 be happy to let him 13 the con~ect that would allow us to get payments in lieu 13 mR COCURnS mst a quick quesUon And 14 of taxes on all the property, not just the property owned 14 that would be we discussed at some length about the length 15 by the County Development District, if something happened 15 of these bends but we never really deterrmned how long 16 where we were unable to annex that property That 16 they were going to be for I think 17 language has been included 17 MS rca'ruFF well they're normally 20 to 18 Also, you asked that you would bko to hear 18 30 years 19 from the neaghbors andwe noafied all of tha property 19 Mn COCUUAS okay 20 owners within 500 feet There were 12 of them And so we 20 MS PoNTLIFF And since they haven't ~1 sent a letter to them this wenk Ireoeivedonetelephone 21 apphed for them yet Imennwe'reiooenrlyonm'dus 22 call from one of the folks that we no'abed and she said 22 stage to really know how long they would be, but 23 that she would be hem Iomght And also I received one 23 typically, they're 20 to 30 years 24 other call from a gentleman who was not notified He said 24 MAYOR nROCK m'e there any other quesUons 25 he lived about a mile and a half away And so I have 25 at this point or would you like for Ed Snyder to come and CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 1 - Page 4 Cond~nseltTM Page 5 Page 7 1 speak to us and receive any legal questions that we fright members 2 have'~ 2 MR BURROUGHS okay The composltmn as 3 MR BURROUGHS Yeah, there was a lot of 3 I understand it has two members that would be from the 4 detad that he had to do so that's probably" 4 City is that something along that hoe, two mlanbers of 5 MAYOR BROCK Mr Snyder 5 the County and one thafs a representative of the 6 MR SNYDER I Just want to point out that 6 cmmnumty or somednng like that? 7 the provision that she referred to concerning the 7 MR SNYDEt~ mght 8 half cent sales tax is tn the contract that was handed out 8 UR BURROUGHS From a if the County 9 to you tonight It's not tn the contract that was in your 9 Commissioners wanted to Just change that unilateral I m 10 Agenda packet I don't really know where to start other 10 just asking you know once thc thing is created can the 11 than to say ff there's any question that we addressed 11 City representatives essentially be elumnated? 12 previously that's uncertain, do you -- I'll answer any 12 MR SNYDER well there's two things 13 questions that you relght have concerning the sales tax 13 involved there First off, the contract here provides 14 issue or any other issue tn the contract 14 that we will have a say over designating two of those 15 MAYOR BROCK Questions9 15 board members Secondly it states that the County order 16 MR COCHRAN what kind of liability would 16 established m the CDP shall contain this provision To 17 the City Incur should this thing go bankrupt, I guess, 17 be qmte frank with you you know I don't know if push 18 after tt ts incorporated tn the Clty'~ Would there be any 18 cmun to shove if the County couldn't appoint somebody 19 liability that we would be assminng at that potnt once it 19 other than what's made up here Our only remedy I dunk 20 IS annexed9 20 if that were to happen would be to declare this agreement 21 MR SNYDER well, we're not a part of that 21 bivached and then proceed with our annexation But to say 22 legal entity so we wouldn't have any habdtty for any of 22 that they couldn't legally appoint somebody other than the 23 their debts If they were to go bankrupt, not any legal 23 ones wc designate I'ln not sure we could bind the County 24 liability The only habfltty tn the broad sense I 24 Comunss~oners Court to that 25 suppose that we might have is just the idea that we have; 25 MR aURROUOHS Right So it s basically Page 6 Page 8 1 development that would be out there that wasn't completed that we would just die agreement itself becomes - it's 2 But that wouldn't be any different I suppose than any 2 just an enforceable contract wlunh we would then enforce 3 other development that's started, and, for whatever 3 MR SNYDER Right 4 reason, failed But we wouldn't have any duty, if that s 4 Mn BURROUGHS okay 5 your queaUan to step in and complete the project 5 MR SNYDER Plus the added provlsmn that 6 complete any of the infrastructure and so forth 6 tile Commissioners Court will put that in then' order 7 MR COCIIRAN If some of It is there, we 7 establishing to the extent that's binding on furore 8 would be required to prowde services, I presume, to folks 8 County Cmmmssioners 9 that had moved out there assmnlng that It was going to go 9 MAYOR BROCK ThIs brings up the issue I 10 on Would that be the case? 10 was asked il I would be on the prehmmary board the 11 MR SNYDER NO We wouldn't have any 11 temporary board, because there wasn't time for thc Councd 12 we would not have any legal responsibility to do that 12 to make that decision to have to get in by a certaan tune 13 MRCOCBRAN okay 13 foltheCountyCo~mmssioners And so ~t was just declded 14 MR Si, rYDER NO 14 mfommlly that the Mayor and the Mayor Pro tern would 15 MR BURROUOHS I had a question that it 15 occupy those City postuons on the temporary board But 16 just about the composition of the board itself, of the 16 our understanding or my understanding at least at that 17 CDP board How does that change? How can that be 17 time was that that would be un'al the official 18 changed, if at all? 18 establishment of the CDD 19 MR SNYDER okay The statute clearly 19 And now I understand that the prows~ons of 20 sta~s that the County Commissioners Court has the 20 the ordinance allowing the estabhstunent of a CDD say that 21 responsthglty of appointing the original board and to 21 at the time that it's established, the temporary board 22 appelnt any vacancies in the board So it rests with the 22 becomes permanent And so I really would hke if this 23 County Conumsstune~s Court So ~f any current any member 23 does happen fei us to be ~n a position that the Council as 24 of the board resigns or decides they do not want to serve 24 a whole will appoint the two City postuons or we will 25 then the C,,~mm~asioners Court would appoint the new board 25 nominate them for the foimal appointment by the County CITY COUNCIL bIEETING SEPTEMBER 12, 2000 Page 5 - Page CondenseItTM Page 9 Page 11 1 Coumalssloners anybody investing that kind of money without knowing for 2 MR SNYDI~R And there's stall tilr~e for 2 sure that they could do it There would be in a very big 3 that Mayor 3 quandary if ~t later turned out that they couldn't do the 4 MAYOR BROCK And I think that parucularly 4 msldenual, if they've already sold bonds 5 since we'r~ ontenng into contract with this orgamzatton 5 MAYOR BROCK IS thlS case revolving 6 that them might be a potential or perceived conflict of 6 Kaufman is that a court case or is it.lust under 7 interest with having the Mayor and the Mayor Pro-tern on 7 MR SNYDER NO it's an Ai~orney General 8 there or any City Council meoaber and that we might want 8 opinion request and I think sometime the first of November 9 to think of some citizens outside tbe City Council to be 9 is the earhest that we're going to get an opinion from 10 nominated to that I moon, I think we ueed to consider 10 the ^o on that 11 the legal aspects of that, who our repmseotatives will 1 ] MAYOR BROCK Mark 12 be 12 MR BUiI~OUOHS what risk do we have if 13 MR SNYDBR I a~q'l~ And I think there's 13 any that let's say the AO S opinion comes back 14 still tune to make that change The statute all the 14 adversely The developer decides that it's too marginal 15 statute says is that the portion will name five people to 15 from a financial standpoint just decides not to do it 16 the Commissioners that the petitioner believes am 16 after we've agreed to this If we were to enter into this 17 qualified to serve But then the later provision doesn't 17 agreemeot, what adverse impact would there be If the 18 necessarily say that the Court has to appoint those exact 18 developers just didn't follow through? 19 same people There's this later provision that says -~ 19 MR SNVOER well we have certain 20 see, the process is the petition is flied Them will be 20 mdestones in here The first one is consmnmation af 21 a public heurmg And then, after the public heanng, 21 their agreemeat on October I That would already have 22 them will be an order adopted And g's my understanding 22 passed I guess the first milestone after that would be 23 we,re not eveo to the pubhc hearing siege is that 23 the selhng of the bonds, no later than Septeanber 2001 24 correct? 24 So that would give the developer, I suppose, about a 25 MR PROU~t' And the Council, before that 25 year's timeframe to decide what they wanted to do whether Page 10 Page 12 1 ume, could, probably by a Resolution estabhsh those 1 they wanted to, as was stated by Lmda, they might decide 2 people that you recommended to the Commissioners Court 2 if they could segregate out the residential and not make 3 that you would hkc to serve on thc board And based on 3 it a part of the CDD And that would probably iaxlmm 4 the contract, there would be, we feel, a strong obhgatmn 4 they come back m here and amend th~s agreement or they 5 on the Co~mmssloners Court to go aheed and appoint the 5 could just simply let the time expire and then we would 6 people that you recommend 6 we could take whatever action we wanted with regard to the 7 MR COCHRnN That sounds good, Mayor, but 7 annexation Or they could just simply come in and say 8 I don't see you on that 8 you know, it thdn't work out Let's just go ahead and 9 MAYOR BROCK well, I really would hke 9 voluntardy mutually agree to terminate the agreement 10 youknow, I'dlukoforyou-alltomvestlgeteth©possthle 10 MR rRorrrY okay The only other nsk 11 conflict of interest issues 11 that's out them and we had talked about this before and ] 2 MR SNYDER well, our recommeodatlon is 12 that is the uncerkam situation with the State Leglslatm'e 13 that more members of the City Council not serve That's 13 and what they might do to our annexation law As we know, 14 our recommendation 14 last year they passed some laws that made it more 15 Ma cocmlnlq i would be concerned about my 15 difficult, especially if you had a populous area, of 16 reputation aswell 16 course toannex And the question really here ls if that 17 MAYOR BROCK And I know you said this at 17 happened and then them was some delay before the 18 first but I want to be sure that I understand it, that of 18 developer made up their mind what they were going to do 19 all the COD s that have been created or there's been an 19 and then they did somathing where you wanted to go ahead 20 atlempt to create them that none of them actually has 20 and annex and the Legislature passed a mom restrictive 21 completed tho process because they're all under Attorney 21 annexation law it might be harder for you to annex the 22 General's review process 22 area at that time than it would be at this point in time 23 MR sim'om', That's what Lmda Rathff 23 MR nuaaouoHs one last quesUon ff I 24 said She's the one that made those phone calls and 24 could, and I know this has bean talked about before but 25 confirmed that But a makes sense I can't imagine 125 it's probably good.lust to mention it anyway Okay If a CITY COUIqCIL MEETING SEPTEMBER 12, 2000 Page 9 - Page 12 Cond©nscltTM Page 13 Page 15 1 substantial amount of the property becomes owned by the they wdl negotmte such agreements w~th the school 2 cpo if they acquire ownership t~tle to all that they can, 2 district 3 essentially, you know, tt wouldn't be the residentml but 3 MS K~ISTOF~RSON well that's deja vu 4 the other, what ]s the impact on school taxes that that 4 MR COB}mAN' ~ ve already spoken once I 5 would have for the loug turin, ff any? 5 have another question unless somebody else 6 Ma s~rYORg well, for school taxes tt 6 MAYOR BROCK Anyone else? 7 would be tax-exempt property, as I understand tt, and they 7 MR COCHRAN I wanted to ask a question 8 would m order for the school to recoup their taxes, 8 about th~s 9 they'd have to have a contraet m hen of taxes Just hke 9 Ma SNYDER md you want to l'msorry 10 we're proposing And there ~s language in the agreement 10 D~d you want to address that ~ssue') 11 that states that they will endeavor to enter rotc such an 11 MS HFRTLING If I may 12 agreement w~th the school d~strlct I'm looking for it 12 MR SNYDER could she address that9 Thc 13 here right now It says, s~m~lar agreeanents for payments 13 issue about the school thstnct agreement 14 m hen of taxes are being negotiated w~th Denton 14 MS KRISTOFERSON And tell us how you're 15 Independent School District and will be transferred to the 15 wdhng to tighten that up 16 CDD NOW, the reason why that language isn't an outright 16 MS HERTLING My name ~s Tiffany Hcrthng 17 commitment is that they, the developer couldn't represent 17 and I'm one of the attorneys for the developer m th~s 18 at this point that those agreeanents would - that the 18 And ff you've been to any of the Commissioners Court 19 school chstriet would enter into those agrecanents, is what 19 hearings regarding any of the CDDs you would know that 20 they stated to us Is that correct? 20 the Commissioners' pohcy ~s very profound m making sure 21 MR BURROUOHS okay Tben I have a 21 that we have an agreeanent with the City ~f it's m the ETJ 22 question Again, I apprecmte all the work that you've 22 of any c~ty and the school thstnct that the development 23 done on th~s It's .lust an amazing job You've h~t on so 23 may potentmlly be m So, granted, that you guys want us 24 many of our concerns even though some of them m~ght have 24 to have an agreement w~th the school district and arc 25 been outlanthsh My question would be that if those 25 looking out lor them, but Conmussmner Jacobs m any of Page 14 Page 16 ,,ff, s. came about and we execute this contraet as ~s ~s I theCDDsthet havc come before her thet ~s one of thc 2 it possible under that that the developer would or could 2 first questions she asks 3 just dec,de, you know, wake up thc next mormng and dec,de 3 I was them today on COD #9 and we had to 4 that they don't want to continue the negotiations w~th the 4 have somebedy speak from the Northwest lSD And before 5 school district Itself because ff thc coo acqmres the 5 the heanng goes forward on that one we will have to have 6 property, they never have to pay the school distr~ct 6 so~nethmg from the school d~stnct on this one and I think 7 taxes 7 any COO that goes before the Conumssioners Court before 8 MR SNYDER Yeah That's true, but if you 8 they're going to pass off on an order So the 9 think about ti, the school thstnct ~s no worse off - 9 Conmnsslaners Court ~s looking out for the school 10 well, I guess they are in the sense that you would have 10 district 11 the ultimate leverage that you have the County 11 As the developer we are entering into the 12 Commissioners Court has stated apparently on the record 12 same type of agreements and negotiation with the school 13 that they won't approve the BDO without the C~ty's 13 dlstnet, but we don't have a solid agreement at this 14 consent But there's nothing in the statute that requires 14 time But prior to the order I think the Cormmssioners 15 that So a COD could be established in the County anyway 15 Court is going to require that We antlcipat~ entering 16 Let s say for the sake of argmnent that they estabhsh 16 rotc that betore or it may not go forward with the 17 and I don't know if them is such an area but let's say 17 Cormmssioners Court 18 they estabhsh, a CDD WaS established in the area in the 1 g MAYOR BROCK well tt~n it really wouldn't 19 County that's not w~thm an ETJ of any city You know, 19 hurt to change the language prmr to the Conunlssloners 20 the school district wouldu't have any abthty to force 20 Court accepting the order It needs to be firmer than it 21 such an agreeanent 21 is We've had an experience that requires that it be 22 But what you're saying ~s true there ~s 22 firmer than a is 23 nothing to prohthtt that from happening The developer 23 MR SNY~£R would you agree to that~ 24 couldnot follow through and that would not be a breech of 24 MS ~l~$~t~O we don't have a problem 25 this a _~~mant because all this agreement says is that 25 agreeing with putting that amendment to th~s contract CITY COUIqCIL MEETING SEPTEMBER 12, 2000 Page 13 - Page 16 CondcnsoltTM Page 17 Page 19 I MR SNYDER That would say prior to thc people 2 Cmmmss~oners Court order estabhslung the CDP an 2 MR COCHRAN I think a would and III sum 3 agrecanent with the school district, a similar agreement 3 up later J think 4 with the school dtsmct wdl be entered into 4 MAYOR BROCK ^nd if anyone has come in who 5 MR BUImOUOHS AS long as it has sirmlar 5 hasn't filled out one of these request to speak forms, and 6 to allow flexibility We just need the concept 6 would like to speak, you can have three minutes and 7 MS HERTLINO We anticipate entering into 7 they're available at the back desk I have a request to 8 that 8 speak from Laurie Harberson If you'd Eke to come up 9 MAYOR BROCK Mlke 9 here please to the mike Can you give us your name and 10 MR COC~mA~ Back to this business about 10 address9 11 thc residency and the quesUon of whether or not 1J MS HARBERSON My name is Laurie 12 residences are allowed in a COD and I know that they're 12 Harberson I live at 1483 Land Fall Circle in Bartonvdle 13 walUng for an Attorney General's decision on this and 13 and from my yard you can see cpo #4 in Denton County 14 it's coming up in a month or so, something hke that But 14 That's where my concerns come from Excuse me ff I'm a 15 it looks to me that we're being asked to enter into a 15 little nervous 1 was twice chairman of Planning and 16 contract in which there am some very murky waters there 16 Zoning and twice on C~ty Council and I still hate speaking 17 as to whether tho thing on the face of it is actually 17 in pubhc And it is as hard here as it is there, behove 18 allowed by law And I have some questions about whether 18 a or not 19 or not that's really kind of a crap shoot that the City 19 I'm part of kind of a loose coalition of 20 needs to be getting involved in, quite frankly 20 caizens that are a combmaaon of republicans, denmcrats 21 And I had a citizen this weekend brought me 21 and independents, and we've kind of banded together in 22 some transcripts of a House Ways and Means Committee 22 opposmon to the way Dent~n County is handling these 23 hearing in which this was discussed, a House bill to allow 23 CDP s We have people m our group that are from the C~ty 24 residences in these dlstrletS And in fact, the 24 of Denton Fomey, Little Elm, The Colony Bartonvflle 25 discussion there, even w~th the man that is the sponsor 25 Flower Mound Double Oak Copper Canyon all the places Page 18 Page 20 and Legislator for these CDP S, for all of them, admitted 1 that have been nmnedlatety affected We Erst heard about 2 that subdivisions can't be built m them, and this is part 2 CDD S when ours was created and in fact, the neighboring 3 of the House testimony And I'm just and I realize 3 towns were not notified until the night before it 4 that the wheels of justice and of the Justice De. paranent 4 happened Double Oak and Copper Canyon passed Resolutions 5 move very slowly But when we have our own County 5 opposing a Bartonvdle, who's mayor was on the 6 Commissioner is down there at tho hearing in which they 6 temporary board of directors didn't ~nform the town so 7 discussed thls and discussed the fact that there is a - 7 Barmnvdle had no action Those actions have not been 8 that these am not the residences, and when tho author of 8 rescinded since then although the Councils are more 9 the bill, in fact, mentions in the public heanng that 9 favorable now partly because they're frightened to death 10 them ~s a these are not allowed for residences, I have 10 that we'll get acres of aparnnents if the CDP is not 11 some mol questions as to whether or not this, again, is 11 approved 12 wise policy for the City to be involved in an enterprise 12 The ruling that they're walUng on from the 13 like this 13 Atlorney General is not just on whether residential is 14 I think that waiting for the Attorney 14 allowed It's also whether they're allowed to do ad 15 General's decision would be a prudent thing to do quite 15 valorem taxes or not The oppos~Uon here is really 16 frankly Now, I realize there's some tune constraints on 16 basically that what they're dmng is not what the law was 17 the petitioners here that make that m~poss~blo But 17 intended for It's illegal and it's unmoral The 18 nevertheless, they're asking us to walk into some wa~rs 18 original ordinance was created to allow Pale Duro Canyon 19 and w~ can't see how deep they are And that is a little 19 to be developed as a tourist resort to bring raceme to a 20 bit of a problem Now, I'll have some other comments and 20 small rm al county that needed the money We, Denton 21 I don't know whom we am in ,;lie discussion 21 County can hardly be classed as poor Residential 22 MAYOR BROCK WOIi, [ wanted to ask you 22 developmeot does not need to be subsidized in Denton 23 know, if we're finished with questions at this pomt, I do 23 County We're one of the fastest growing counties 24 have some requests to speak And ~f the Council thinks 24 residential wise in the enure country Thls urdlnance 25 tlns would be an appropriate amc to hear from those 25 or the way they're interpreting it allows residential CITY COLINCIL MEETING SEPTEMBER 12, 2000 Page 17 - Page 20 CondenaeltTM Page 21 Page 23 ! 1 developers to become a taxing entity and to recover 100 1 everybody would go away and leave us aloue but we know 2 percent of then' development costs That's just not 2 that's not going to happeo We moved here from Plane and 3 right 3 we moved to Piano wheo It was 7 000 people so we know a 4 The distr~ct is governed by a board of 4 little bit about how things grow Our concern Is that 5 directors that are appmnted by the County Commissreners 5 since November we've been trying to get straight answers 6 It's both corporate welfare and taxation without 6 about this development and about how it would affect us 7 representation because the people that live in that 7 It was very fnghtemng when the first concept stubbed 8 district have no say over what those taxes are, how the 8 streets into our fence hne The lady who spoke before me 9 dismct is run They can't even vote for the people that 9 talked about the ability to annex or to use eminent 10 make those decismns Excuseme Thesearejustthe 10 denture We have researchecl that Wehavchlredlegal 11 notes I scribbled down this afternoon I didn't know 11 counsel, as have our neighbors 12 about this mee'ang until the last minute 12 And the thing I want to really say to you 13 If you do consider entering in something 13 is that in our let~r we pointed out that your concerns 14 like th~s, I suggest that you make sure all your ques'aons 14 have made it possible for the developers to include in the 15 have been answered and independently verified We got 15 lormatlon docmneot a statement which presumably would 16 lots of answers that turned out to be not necessarily 16 prevent encreacba~eot into neighboring but our legal 17 correct They changed the developers in tho huddle of 17 opinion this afternoon came back that the statute holds 18 what was going on Tha senpe of the development was 18 finn and that the statute that created the CDD'S actually 19 changed It weot from $85 mdhon to $330 mdhon 19 has no prowslon for any excep'aens And so we could 20 MAYOR BROCK The three-nunute limit as up 20 write in thcxe that we want to raise blue geese on the 21 If you'll finish up, you can complete your statement 21 next property and it would - the statute would override 22 MS H~q. nERSON All right Just give me 22 any consideration 23 onesecond I thmk probably one of the most nnportant 23 So those have been our conccq'ns Westdl 24 th~ngs is to ask the neighbors how they feel about tlks 24 are concerned, as arc our neighbors, about the scope 25 dislrict and what they know about it For instance, when 25 about what the concept really would be And now we're Page 22 Page 24 I they go to sell the bonds, the CD~) can decide that they I doubly concerned because of the legal opinion that crone 2 need more taxpayers and they can take in adjacent property 2 back that the crcatmn statute from the Legislature has no 3 into the coo and those people will have to pay the rates 3 provisions for exceptions and would override any 4 When our bonded mdeb~lness was proposed at $85 million 4 exceptions I'd be happy to answer any questions that you 5 tha said the tax rate would be $1 97 Thay have not smd 5 might have about where we are 6 what it will be for $330 mlthon Thank you 6 MAYOR BROC[ nm them any questions for 7 MAYOR BROCK Thank you very much for your 7 Ms Goochnan9 8 comments, Ms Harberson We have a request to speak from 8 MR COCHRAN Dld your legal counsel touch 9 Kay Wdhams Goodman 9 on the issue of res~denual m COD s at all? 10 MR GOODMAN Thank you, Madam Mayor and 10 MS GOODMAN Say the first part again 11 merobers of City Council I appreciate the opportunity to 11 MR Cocur~N Did your legal counsel touch 12 come hefore you My nm~ae ls Kay Ooodman and my husband, 12 on the issue of resldeoeasmthecDD* 13 Bob andlranch I can show you on here - our address 13 MS GOODMAN ','es He felt that because 14 is 1042 Bobcat Road, but that's not really the area we're 14 the reception doctunents forbid them that they would be 15 concerned vath Our ranch starts here and goes the entire 15 forbidden by the Attorney General 16 what would be their east boundary, part of this, and then 16 MR COC}~N okay 17 it's broken here by property owners, and then conuneoeas 17 MS GOODMAN The resldeotlal that abuts 18 again We have nearly a section of land that's been in my 18 against us is planned for a 35 foot arroyo so it would be 19 fmmlysmcelDll We've paid the taxes on a for a long 19 very dlfficult to budd there But his opmlon ls that 20 trine, through the depression, through all tha real estate 20 they won't them will not be a residential component 21 dips and so forth These two dips are sull out there 21 included in the CDP that a could be there but it would 22 hanging on And in the drought, I need to tell you, we're 22 not be included 23 just barely hanging on 23 MR COCHP,~N okay 24 We've e mailed you our positron We are 24 MAYOR BROCK Any Other questions for Ms 25 not anti developmeot Our preference would be that 25 Goochnan~ CITY COLiIqCIL MEETING SEPTEMBER 12, 2000 Page 21 - Page 24 CondenseltTM Page 25 Page 27 ! MR BURROUGHS NO but I have a questaon I representatives on the board 2 that relates to what slle said about our legal staff 2 MR BUImOUaUS And then n would be the 3 MS HARBERSON okay Thank you very much 3 Conumssloners having to approve B ~s that the process? 4 MAYOR BROCK Thank you 4 MR SNYDER Rlg[a 5 MS KRISTOFERSON while you're doing that, 5 MR PROLr~y i think the other thing that 6 she has gone from neophyte to educating us has she not? 6 and I flunk we gave you this, the other th~ng that Is 7 MS HnaBERSON old teachers 7 maybe addressed by the attorney is that and I th~nk Ed 8 MAYOR BROCK Thank you, Ms Ooodman And 8 adch'essed this to you, is that we don't think it's legally 9 I think we do have a question for our legal staff 9 possible to waive the power of mmnent domain and so there 0 MS BEASLEY [ thought we were going to 10 does - the power of ermnent domain for the district is I hear from the other people and then ask all the questions 11 hmited to as I understand it water and waste water 2 we had 12 facflmes But R does mean that the district would have 3 MAYOR BROCK I don't have any other cards 13 the power to go outside the thstnct If they needed some 4 to speak 14 addmonal land to budd water and waste water hnes or 5 MS BEASLEY oh, okay Okay 15 facflmes And basically what we have said is that we 6 MAYOR BROCK ArC there any other requests 16 tllmk that it probably would not be legal for us to put 17 to speak7 No, I think that's it 17 something in the agreement saying that they would waive 8 MR BURROUOHS DoeS the contract or our 18 that power because, you know as file lady mthcated the 9 agrecanent, does that address the boundaries of the CDD 19 statute probably controls And a governmental entry, any 20 restricting it? 20 govermnentel entity 1s precluded from waiving that type of 21 MRSNYOER yes,~tdoes And let mo get 21 power 22 it here It says right hero on page 4, and we worded it 22 MR SNYDER on that point, too, I just 23 this way specifically because of this issue that's raised 23 noticed something m the agreement that we could add just 24 by the attorney And I really, with all due respect, I 24 to bolster that parucular problem We could look on 25 have a real probhan responding to a legal opinion from an 25 page 3 paragraph 2A, where ~t provides that we can we Page 26 Page 28 uunamed aaorney that's not here She says an atlorney can basically annex ~f any of these things occur we can 2 and doesn't even name who it is 2 annex prior to the five year period We could change A to 3 MS HARBERSON I'd be happy to name him 3 read tile fulfllhnent of the condluons set forth in 4 MR SNYDER okay But in any event, we 4 paraglaph I above or paragraph 3 below Would y'all have 5 worded that provision so it states that the board shall 5 a problmn wuh adding that9 6 not petition file Conuxossioners Court of Denton County for 6 MS HFRTLINO L~t me think about it just a 7 the addmon of land to the CDP Wlthout tho wrlttoe 7 minute 8 approval of the owner of land to be added m the City 8 MR SNYDER okay In Other words ~n 9 And the reason why we worded it that way was prealsely 9 addition to the point I just made earlier that we have two 10 because of the concerns that this aaorney has raised, and 10 meolbers on the board that hopefully could influence the 11 that is we're not saying we're not saying -- we're not 11 board in addmon to tha fact that we put in this 12 abrogating their statutory right to do it We're saying 12 provis~on that says that the board agrees not to petmon 13 that they're contractually agrenmg not to make that 13 to expand the boundaries without a wn~n consent If 14 petition to add It's a fine line distinction but we feel 14 they were to wolate this contractual prey:sion then It 15 like that puts us in a better position on that issue then 15 would be a breach of this contract and we could 16 if we just sunply sand the CDP boundaries cannot be 16 mune&ately annex the property I don't know that we d 17 expanded without the C~ty's consent And we worded a 17 want to do it at that point but we'd have the option to do 18 that way specifically for that 18 that 19 Now, can I guarantee you that a court of 19 MAYOR BROCK DOe~ anyone else have any 20 law won't do what this other attorney said? No, I can't 20 questions of Mr Snyder at this time? Thank you Council 21 But we reed to word it in tho way best that we felt could 21 members? 22 protect the Clty Andlet~neseeifthere'sanother 22 MR VOt~O ~ tlunk we should go ahead on 23 MR BURROUOHS And it would be the CDD 23 and continue with the agreement I think it's a good 24 board 24 agreement 25 MR SNYDER And we have two 25 MAYOR BROCK [ would like to know ~f the CITY COUNCIL MEETINO SEPTEMBER 12, 2000 Page 25 - Page 28 Cond~nseltTM Page 29 Page 31 attorney can give her opinion She smd let me think MR BURROUOHS it'S just actually trying 2 about it a httle blt 2 to follow thc thought that No 5 covers that Okay It 3 MR COCHRAN That'sahttlebtt 3 says that lf the breachmg party fads to cure, theother 4 MAYOR BROCK That's a very little bit 4 party may pursue txal~.edies mcluthng termmaBon 5 MR SNYDER Maybe we should go m the 5 Tenmnatlon is not something we would, quote, unquote 6 hallway and discuss this briefly and then we can enme 6 pursue It's just something you we wouldn't have to go 7 back 7 to court to do anything from a termination standpoint9 8 MR DURRANCE DO we tteed to take a recess9 8 MR SNYDER That s correct 9 MR COCHRAN why don't we do that 9 MR BUm~OUOHS okay JO MR DURRANCE L~t's take about a 10 MR SNYDnR we could, I guess, clarify 11 ten-minute recess J 1 that a little bit more If the breaching party fads to 12 MAYOR BROCK Let's take a recess and come 12 cure the breach within the time period the other party 13 back 13 may pursue any of its remedies Or we could say may 14 (BREAK) 14 terminate th~s agreement 15 MAYOR BROCK The City of Denton City 15 MR UUtmOUaHS or pursue any other 16 Council. ts contmmng its special-called session We are 16 remedies of law 17 now considering Agenda Item No 2 which is to consider 17 MR SNYOER And/or pursue any other 18 adoption of an ordmanee approving an annexation and 18 remedy 19 consent agreement between the City of Denton and The 19 MB BUm~OUOHS i would prefer it say that 20 Equestrian Development Corporation Mr Snyder 20 because by saying pm sue and then termination after it ~t 21 MR SNYDER I had an opportunity to speak 21 sounds like you have to go to court to tmamnate ~t or 22 with Tiffany Herthng, the attorney representing the 22 something you have to take some string of action ~nstead 23 developer m this case, and she pointed out to me that if 23 of nnmedtate action 24 we were to make that change, it wouldn't really read 24 MAYOR BROCK The other party may termma~ 25 correctly and It'S really already m the agreement If you 25 this agre~nent or pursue any and/or pursue any of tis Page 30 Page 32 look at paragraph 5 It talks about in the event of a 1 remedies at law or in equity Any other questions or 2 breach we give them an oppormmty to cure, but if they 2 suggestions at this pomt~ 3 don't cure it, the breach within that 'nme period that we 3 MR BURROUGHS okay Do we have a place 4 may pursue any remedies, including termination of the 4 and language to finn up relaave to hawng a slmdar 5 a~t 5 agremnent to D[SD? 6 MAYOR BROCK what page is that on? 6 MR SNYDER Yeah I'll read the language 7 MR SNYDER That's on page 5, paragraph 5 7 to you Prior to the adoption of the Comm~ssmners Court 8 So it's already in tho agreement so tt wouldn't be 8 estabhshmg 9 necessary to add that It wouldn't just be a simple point 9 MAYOR BROCK EXCUSe me What page is 10 of adding it 10 that9 11 MAYOR BROCK ! also would like to point 11 MR StaX'DER i m son3, Page 2 at the very 12 out on page 4 3B, this is just a simple ma'c~r of 12 harem where it says similar agreements I propose we 13 wording, I think, to make this a little clearer, but ~t 13 change that language to read as follows Prior to the 14 says the board shall not petition the Colmmssloners Court 14 adopaon of the Conmussioners Court order establishing the 15 of Denton County for the addition of land to the cue 15 COO similar agreements for payments in lieu of taxes will 16 without the written approval of -- and I'd hke to change 16 he entered ~nto with the Denton Independent School 17 that to "the Clty and of the owner of the laod" to bc 17 d~smct period So do you want me to sununanze the 18 added, because I think the way it's wrlt~n, I had to read 18 changes so you've got them all or are y'all clear on them9 19 tt aboutthreetanesb~forelwas sure what tt meant 19 MAYORBROCK sandy dldyouwant togu 20 "Without the watten approval of the City and of the owner 20 ahead with your question first? 21 of tho land" to be added Is that okay with everybody? 21 MS KRISTOFERSON Mine is not on the 22 MR SNYDBR Yes 22 contract 23 MAYOR BROCK All right Thank you All 23 MAYOR BROCK aa ahead and summarize those 24 right Any more questions for Mr Snyder at this point? 24 changes 25 Mark 25 MR SNYDER okay In addition to that one CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 29 - Page 32 CondonscItTM Page 33 Page 35 I Just read, the one that the Mayor lnthcated on page 4, I the version provided tonight and as modified as stated 2 subparagraph B, it will read, the board shall not petition 2 before us 3 the Commissioners Court of Denton County for the addition 3 MR yot.~G second 4 of land tO the co~) without the written approval of the 4 MAYOR BROCK Yun heard the motion and the 5 City and of the owner of the land to be added, p~nod 5 second Discussion? 6 And thea the one on paragraph 5 on page 5, it will be 6 MR BURROUOHS I would like to add 7 changed to read, if the breaching party fails to cure the 7 something to discussion if I might 8 breach within the time period, the other party may 8 MAYOR BROCK All right Go ahead 9 terminate the agreement and/or pursue any of its remedies 9 MR BURROUOa8 I had when we first 10 at law or m equity, period 10 considered th~s development had several, what I 11 MAYOR BROCK All right Now, Sandy 11 considered to be critical issues, that had to be addressed 12 MS KRISTOFERSON Mine really goes back to 12 with this development cdr) s are not looked at wah great 13 the issue of the Attorney General's ruling and the 13 favor They're fairly new dewces still In fact, any 14 question before that Do you know if the scope of that 14 mcenUve, quote unquote or economic development 15 qenstaon defines what tourism ~s? Gun~g back to what the 15 techmque is not a wonderful thing It's something that's 16 original coo was, we heard about Pale Duro Canyon, and I 16 a tool to try to attract what you would hope to coine m 17 know we've heard it's for tourism Is tourism defined? 17 your conm~umty that might not otherwise come 18 Is the scope of what the definition of tourism is defined'~ 18 This development }s something that is 19 Is that a ques'aon before the Attorney General or is it 19 dltferent than what we had m our Comprehensive Plan as 20 just the issue of residences within9 20 something that we would fore. sea on the edge 21 MR s~om~ I haven't seen the written 21 Unfortunately, what we foresaw on the edge is neighborhood 22 request myself I believe that Tiffany Herthng has She 22 cen~ s which essentially is residential with some nodes 23 has a copy with her? But as I understand, it was the same 23 of hopefully center parts whether that's park land or 24 as the first lady that spoke There's the two issues 24 schools or such but essentially residential Something 25 One is the residential and one is the ad valorem taxes 25 like this is not something that's foreseeable We Page 34 Page 36 ] MS KRISTOFERSON one's the what? I'm 1 couldn't have set aside property for this type of thing m 2 sorry 2 a Comprehensive Plan only because a's such an unusual 3 MR SNYDER The ad valonun taxes 3 thing Very few communities have such a thing 4 MS KRISTOFERSON okay I see 4 I look at ~t kind of like a risk benefit 5 MR StqYDRR The questions presented, may a 5 analysis I know Neff and I are famthar with that 6 County Development District crea~xl under the County 6 because of our legal backgrounds, but I'm trying to sea 7 Development District Act be able to levy ad valorem 7 what thc risks are Most of the risks here from the 8 taxes Question two, does the construction of an 8 outset are with the developer but there were serious risks 9 mfras~'uctore in a new residential subthv~slon fall 9 to the City And we put those out to see if there's a way 10 within the Stab and Legislative intent of the County 10 to address those and in a time frame that I think has just 11 Developmeat District Act to attract visitors and promote 11 been really pretty spectacular considering all that our 12 tourism 12 legal staff has been burdened with I think they've done 13 MS KRISTOFERSON But you dunrt have to 13 a really bang up job addressing each of these significant 14 have a defimtaon of what tourism is in there? 14 issues I bcheve that the risks here are very minimal to J 5 MR SNYDBR well, I think they're asking 15 the City I th~nk that we are atSemptmg to protect our 16 the Aaomey General to define whether or not that 16 school district, as well which I think is one of our 17 definition of toarism includes residential development 17 obligations as proponents of our community We tried to 18 MAYOR BROCK Any other questions for Mr 18 take into account neighborhood impact even though by 19 Snyder at this nme? Council merebers, deliberations? 19 definition this ~sn't within the City at the moment so 20 MR BURROUGHS I d like to make a moUon 20 the nmghbors aren't really ncughbors within a city 21 MAYOR BROCK O0 ahead 21 context But I think we've kind of gone and done yeoman's 22 MR BURROUGHS 1 would like to make a 22 work in that regard 23 motion to approve the ordinance approving an annexation 23 There's no perfect development There's no 24 and consent agreemeat between the City of Denton and The 24 perfect whenever there's change, there's adverse 25 Equestrian Development Corporation, as provided tonight, 25 nnpact, whenever It doesn't ma'acr what the new CITY COUNCIL IVIEETIIqG SEPTEMBER 12, 2000 Page 33 - Page 36 CondcnseltTM Page 37 Page 39 1 development is And so tho bottom line ends up being what 1 municipal management districts come from could not assess 2 is preferred, what is reasonable, what is appropriate 2 against residences That amendment failed When that 3 And to m~, having an equestrian oen~r, ~t makes some 3 amendment faded, as Mr Cochran mentioned earlier I 4 connectivity with the historical perspectave that the City 4 acquired a transcript You can listen to it on the 5 has had m this whole surrounding region with the 5 lnternet I d hstened to it the first time and didn't 6 agrarian past, which I think is vital to the concept that 6 believe my ears but asked for a transcript and was able to 7 many of us have of Denton, part of the reasons that we're 7 get one 8 here 8 A question was nmde to Representattve Uher 9 Newer residents have less of that but older 9 U H E R, from a Representative Hessman of the House Ways 10 residents would have more of that perspective And I 10 and Means Corcamt~e about the residences being contained 11 tlunk a's a wonderful thing to be able to hold on to some 11 in these community development districts His quesUon 12 of that, even as we grow even as we become a more urban 12 was, and I quote, under the current law unless I'm 13 center Ithmktt'spartofthebalunceandchversity 13 mlsreathngthis theyreally fftheyfiledthe 14 that makes th~s City great 14 legislation they really couldn't put m a residential 15 And I don't think it's a perfect 15 area It looks hke projects that a~act visitors the 16 development but I think wa have atthmpted very well to 16 tourism issue, visitors and thea the addition of tourists 17 address the most slgmficant concerns that are out them 17 or residents would allow them to put m subdivisions in 18 And I think that m tho long run tl~s would be a very 18 But ~t's my understanding today, and this was done on 19 great addltmn to the City of Denton and something that we 19 April 14th of 1999 under the current law they can't 20 as a community could be very proud of And so that's why 20 build a subdivision under this COD Is that correct? The 21 I'm proposing that we move forward along the lines that 21 answer by Representative Uher who authored the bill that 22 have been put before us 22 would be correct 23 MAYOR BROCK Nell 23 NOW there have been several other op~mons 24 MR DURRANCE well, I always hesitate to 24 which have been offered with regard to the ~nterpmtauon 25 speak in moments hke this because it seams when I do, I 25 of water codes and water districts by the At~rney Page 38 Page 40 1 can hear the Council mounting its fastest speed to head I General's opinion, hut I'd like to point out one which is 2 180 degrees in the other direction Nonetheless, I always 2 JC 92 which bas,tally said that a Legislature doesn't put 3 believe it's unportatu to set forth what we believe to be 3 anything m a statute unless a's really meant to be 4 the record in this case I was quite concerned when I 4 there Unless you can't find it there you can't do a 5 returned in July and heard what we were proposing with 5 Now that's automatic for people who understand 6 regard to this CDP I wanted to study those agreements 6 interpreting law and we all learned that in law school 7 and of course, I'm always wdhng to look at optmns no 7 But it's one that has to be keep reiterated especially 8 matter who they come from or where they em However the 8 in questions where you have people saying, well yeah an 9 more I read this agreement, the more concerned I became 9 argument could be made one way or the other The present 10 hence my questions which came at the last work sessmn 10 proposed project has it m there now and then they have 11 It's just one man's opamon, but Article 16 Section 59 of 11 not taken a out 12 the Texas Constitution provides what mumclpal management 12 Also, I requested as I gave to Mr - to 13 dlshoicts are allowed to do and thear powers and 13 Ed, the Attorney General opinion that is being requested 14 authorities through water development districts 14 I also requested the briefs which had been attached to 15 The bill which was proposed which was House 15 this op~mon F~rst of all I think it's interesting to 16 Bill 3567 which I mentioned the first time around, has an 16 note that the Attorney General opinion which was d~scussed 17 engrossed version which I acquired a copy of, again off 17 here flus evening was requested by the Criminal Dlstr~ct 18 the lnternet, had a prowsion in It which was not adop~d 18 Attorney of Kaufman County That ought to say somedung 19 by the Legislature that said not withstanding Section 19 ~n and of itself Nonetheless there are many briefs 20 375 161, which we'll get to in a momeat, bonds of the 20 attached and they and I won't bore everyone with the 21 distrlct created after l'une 1 of 1999 may be repald from 21 buefs but as Ireadthroughthean Iwas struck by two 22 any source of tax or revenue including assessments on real 22 things One, that the developers who have voluntardy 23 propea~y In other words, this addition to the Inll was 23 responded to this have mentioned over and over again I 24 strictly for the purposes that whoever was proposing these 24 know that's what the water distact law says and I know 25 changes reahzed that wat~' districts from whence these 25 what the statutes say and the Local Government Code, but CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 37 - Page 40 CondonseItTM Page 41 Page 43 I that's not really what they mean Well, if you read the I statute, it s not going to stand up in a court of law 2 statut~e it s pretty plain And this ain't rocket 2 Special thstrmts are a problem They 3 science It's Just reading the law and reading the 3 continue to be a problem What we have here is a quesuon 4 statutory black letler law So I'm very concerned about 4 of corporate habthty with too many questions and 5 that 5 molative of the ~ntetu of our Legislature I think this 6 However, one of the things that was pointed 6 is a legally unstable situation that we're asking 7 out in the brief that I thought was really interesting was 7 ourselves to get into and, more precisely, if for no other 8 tha fact that one of the counsel for the developers 8 reason, look at our zoning maps which were being proposed 9 pointed out, he said, well, yes, they do allow residential 9 and what we're proposed for the development of this area 10 housing tn CDP s and he pointed to a particular provision 10 ~n our Compmhanslve Plan It's even violative of that 11 And they do, It has to be affordable housing What's 11 So based upon those reasons, I do not sec how we can go 12 proposcdmthlsone~snotaffordablehousmgononoacre 12 forwardwahth~s agreclneat Not to mentlon justasa 13 lots And to that, 42usc section 12745 of our Federal 13 purely policy matter ff we make such agreaments and 14 Code, as our own counsel has mentaoncd to us many times 14 they're later detoamned to be illegal, what dces that say 15 before, discusses what is considered affordable housing 15 about us willing to jump off into that morass? 16 This d~es not mc~ tlus m any way, shape, or form 16 So I think that it would behoove us to 17 But more importantly I think, is the 17 procesd w~th the annexatmn to go fonvard to make sum 18 questions of the resolution of the Local Oovernmeat Codes 18 that we can control the problems that have been brought up 19 and the corabmatlon of codes And I know this is a little 19 to us for those adjacent landowners out them Be a good 20 complex but I think we're charged with doing the right 20 neighbor but also be more responsive m a sense of 21 thing on a policy basis And If we are, we ought to be 21 guarthng carefully our pos~Uons with regard to public 22 able to delve in it more than just saying, well, it looks 22 policy 23 goodorWsamceprojcct I thmk we have an 23 MAYORnROCK ,xre there other conunents on 24 obligation to observe these things 24 the motion'~ 25 Sectaon 383 061 of the Local Govermnent 25 Ma COCHI1AN well, I would like to just I Page 42 Page 44 I Code talked about the municipal management districts and I guess second and echo the comments that Mr Durrance has 2 the Water Board Code provisions which allow them to levy 2 lust made He covered the legal aspects pretty well I 3 bonds and against who they may levy taxes is Section 3 think Because th~s ~s just again, as I mentioned 4 54 774A of the Water Code The problem is the Water Code 4 earher st~ppmg off into some waters that we're not 5 will allow you to levy bonds and levy taxes as a taxing 5 sure, qmte sure how deep they are But there is still a 6 district but not against residents A mummpal 6 lot of other issues to be resolved w~th this and one of 7 management district Is not allowed to go against 7 them is of course the traffic sltuauon m the area 8 residences but It can be amended to - and cannot issue 8 It's stdl a zoning case as much as anything else even 9 bonds purely for tourism or for recreational purposes So 9 though It's m the ETJ thcy're still going to have some 10 that crea~s you've got to do one or the other but you 10 physical ~mpact on the conunumty Thare's also, I think 11 can't do both, and that's what's bcmg proposed hem is 11 you alluded to our Development Plan which we would have 12 both 12 just gotten through and passed this last year and then 13 Legal arguments as~da, I think we've had 13 this would be a major alteratmn to that very early m thc 14 some pretty mtexcstmg policy issues raised hem before 14 process in an area that Is as we all can sec, Is just a 15 Whea any other developer has come to this town, he has to 15 prime piece of virgin country land there that has not been 16 go in and get his interim financing and come through thc 16 violated by anything at this point And It s v~3' race 17 proper procedure and approval We've raised numerous 17 out there 18 questions with this project, transportation, questions 18 There are some probleans w~th thc fact that 19 about the legaht~es of it, questions about thc Issues of 19 thc Highway Department can't fix thc road all thc way up 20 emmeatdomam And l ugrec wlth what one of our speakers 20 toAubrey And they've got some sort of stop gap cfforts 21 said eaeher, we can contract all we want but contracts 21 to increase thc turning lanes and some things like that 22 which violate statutes are void abamshlo and that's just 22 along Sherman Drive going out them But nevertheless m 23 the way it is And I don't think we're being honest with 23 an area where we're going to have a school we'm going to 24 ourselves If we say well, wc'vc tried to create these 24 have a authtor~um we're going to have an incredible 25 rcanedles when we know it's going to if a violates 25 amount of traffic out thare and I don't bchcve that the CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 41 - Page 44 Cond~nseltTM Page 45 Page 47 ! 1 tnfrastructm.e can really support what we're proposing out I well, tt may not be a great thang I don't lake CDD $ 2 there The carrying capacity just is not going to hold tt 2 rather but it's legal and ~t's you know ~t's just one of 3 and what we're going to have at some point ~s, at a later 3 the tools we've got ~n our economic development toolbox 4 date other taxpayers are going to have to come tn and 4 Well, we have to take some responslbthttes here and af we 5 p~ck up the btll for that We all know that's tree 5 vote tn favor of th~s, we are essenually gtvmg the seal 6 That's just a plato fact 6 of approval from the Cay of Denton that we think thas ~s 7 The fact that the County, we can say, look, 7 a 8~at pohcy dec~saon for our County to go forward wtth 8 th~s as not a Caty dec~ston, tins ~s the County's 8 And I don't think that that ~s a fmr assessment of where 9 dec,sion If they want to do at, they're welcome to ~t 9 the cutzens of Denton are on this parttcular lSSoo And 10 and all that Well, that's all well and good except for 10 we had a lot of thscussaon ~n the past on the em.rent COD 11 the fact that the County will not enter rote tins 11 that's at the TI plant, a very hot and controversml ~ssue 12 agreement and pass thts without om' approval And so tt 12 here And I note that ~n th~s House testtmony, 13 does gave us some decision making power here that I think 13 Comm~sstoner Jacobs was talking about how supportavc that 14 is really important for us to send a message As you look 14 the Ctty of Denton as on these things and how many 15 at what these d~strtcts are and what they're doing, 15 mdhons of dollars CDP s have brought rote the County and 16 scrumbhng hko crazy to push us, to rush us rote a 16 how many thousands of jobs CDD s have brought ~nto our 17 dec,stun, a htghly complex decision rote areas that we've 17 County And tt's on three counts ~t's just not tree 18 never qmte entered wtth before merely because they have 18 And I don't thank that the C~ty of Denton needs to be 19 to hurry up and beat when the census ~s due or they can't 19 getting m over us head hke th~s and so I wdl, 20 do it under the present law because when the census comes 20 obwously be voting agemst th~s motion 21 back, om' County w~ll be found to be greater than 400,000 21 Ms r-.msxomRso~ you all make excellent 22 We all know, ~n fact, that tt's greater than 400,000 now 22 argtm~ents and am extremely persuastve And Pve wrestled 23 1 don't understand thts fictton that we're wmtang for the 23 wtth th~s one and I hud that, as much as I do not lake 24 census to come back I mean, we need to have some 24 CDP s, and I'll toll any County Comamss~ones that and we 25 accurate tabulattons but we've certainly done some 25 have told them that, I wash ~t stayed wrgm land but Ws Page 46 Page 48 rexhsmctmg m the past, the County has, on the basts of I much hke the muntctpal utdlty thstnct we had to face 2 projecting what our populaUon was gems to be tn the next 2 months ago, and I'll say flat out, I would rather have an 3 few years And so I don't necessarily see why there's a 3 arena that's gems to be a umque postttve feature to thus 4 double standard hem when we are rushing rote something 4 colmnuntty than another 1 300 homes that all look ahke 5 that we're not really -- that there's no, I thmk, 5 And u clearly comes down to that I'm not tmpressed w~th 6 pervasive pubhc good that backs at up 6 our neaghborhood centers in the C~ty of Denton thus far 7 We are mcredthly eauttuns on many tlungs 7 and Ithtnk I'd rather amend the Compreheustve Plan and 8 and you all know that I sometimes get very frustrated at 8 g~ve a umque and exc~turg opportamty to our C~ty I 9 our legal staff for our cautmn ~n things but, m thts 9 think the staff has done a lot of positives to hmtt the 10 particular case, I really beheve that they have gtven us 10 expeam.e we have 11 a lot of good manual and a lot of, I think, careful and 11 I would say I th~nk you're gems to face 12 subtle cauttons concerumg the areas that we're stepptng 12 yourselves w~th hawng to sever out your restdentml I 13 into here and I just do not understand why we're w~lhng 13 think that's pretty clear You probably won't be ~n as 14 to take a rtsk on some of these assues And one ~s that 14 bad a s~tuatmn as many of the other CDD s that are gems 15 these -- as soon ns file census ~s m, th~s ts not gems to 15 to have to completely revase themselves But tt comes 16 be allowed for our County And file Attorney General's 16 down to which project do I hke more V~rgm land would 17 dec~ston may votd half of what thts project is gems to be 17 be my first chmoe but I don't think we've got that 18 anyway, or at least geographacally ff not economtcally 18 opportunity But we know houses don't pay for themselves 19 It's gems to cut out the mstdenttal I don't understand 19 and I'm ready to see ff these gentlamen can make the 20 why we're being pushed rote u ff there's an Attoruey 20 p~oject work 21 General dectslon that's commg just down the pike 21 MS BEASLEY well I'm much along the 22 Audljust feclhkethatthtsts a 22 hnes of Sandy Ithink onthts onebecauselthmkthls 23 dectston I think that there ~s really not that many 23 ~s a umque project I don't think their hunsmg thing ~s 24 people that beheve that o)r~'s are fmr and an equttable 24 going to go cuber I think the Attorney General is I 25 way to do business And they -~ many people will say, 25 read the whole and the econoouc development thing ~s CITY COIJ~CIL MEETING SEPTEMBER 12, 2000 Page 45 - Page 48 Condons~ItTM Page 49 Page 51 I nothing There is a tl~ng about affordable housing but 1 period Thank you 2 nothing about res~dentml And I think tho lady that 2 MAYOR BROCK I d hke to say m response 3 spoke from Bartonwlle, and you're probably going to be 3 to one comment that was made we're not saying this ~s 4 real happy because I don't tlnnk Lantana ts going to 4 just a County declsmn not ours I mean, we've been very 5 happen because that's all residential is my understanding 5 much ~nvolved m the development of this issue, very 6 But, anyway This ~s a unique project for 6 heawly involved Aud our staff has re, ally they 7 our City We have what we call horse country that's not 7 probably think they can go on vacauon after they make 8 specifically m our City I know a lady who runs tours of 8 tlns decision because so much ume has gone into u But 9 that It's very well known throughout the United States 9 I think you know, when they first came m with th~s I 10 People come hero to buy horses sell horses do all kinds 10 w~shed they'd mentioned anything except a Cr)D because I 11 of things w~th horses I'm not a horse person so I don't 11 realize there are probkans them There's perception 12 know all of that ButIt!unkthislsumqueandIagree 12 there's Imean thewholethmglshangmghaforethe 13 also that, as far as the Comprehensive Plan, it's probably 13 Attorney General and so tt would be nicer and cleaner and 14 not the best location My biggest issue with this has 14 eas~er if it weren't a coo But I did think it was a good 15 been the transportation always But I think we can 15 proJect I just wanted to be sure the C~ty's interests 16 require them to put m the roads that we need I w~sh 16 were protected and that the neighbors were considered 17 there were some cross streets them But I do think this 17 And I th~nk really both of those things have happened 18 ~s something that wdl be unique to Denton I think our 18 The purpose of the COD law I mean, the 19 lawyers have hanunemd out an agreement that protects the 19 ordinance was to a~act wsltors and promote tourism 20 C~ty What happens with ODD s or residential parts of 20 And we've talked about that and I think that this project 21 ODD s is, I think, up to the State Lcgnslatore and the 21 does meet that definmon And I know u does include 22 County because that's who gave them the powe~ to do this, 22 some residenual but resldenual is not really the 23 not the C~ty So I will be voting m favor of this 23 dcfimng elen~ent of this Th~s whole project could happen 24 agremunnt 24 with no residential and ~t wouldn't happen if a were 25 MAYOR BROCK Yeah go ahead Mr Young 25 primarily residential So I think that we need to keep Page 50 Page 52 I MR ¥oUlqc~ okay Thank you, Mayor You 1 that m mind so them Is some residential m there but 2 know, I don't know if any of y'all know this or not but 2 also the idea of being able to tax residents Them are 3 Denton County ~s the quarter horse capital of the United 3 no resldenls now, I understand and residents would choose 4 States of Atnenca And to have a project like this in 4 to move into that district knowing the tax structure 5 Denton County, I think that tlus is a groat project that 5 them 6 they have developed here, something that's been needed in 6 I dcfimtoly do think that this is 7 Deuton County for a long, long tm~e And with the 7 preferable to high density residentml I think that high 8 cohsemn, it eventually ends our problems we've been 8 density residential would have a much higher impact on our 9 having out vnth the fair because eventually the fair will 9 tratflc And also I think that this ~s a desirable thing 10 probably end up bmng them And this thing, it's going 10 for the commumty It fits w~th file economy of northern 11 to bnng money into Denton It's gumg to bring jobs into 11 Deaton County as Ms Beasley pointed out So I will be 12 Denton And those are two things that's very important to 12 supporting thc motion Am them any other comments? 13 me right now being that we just voted for a tax increase 13 MR COCU~AN I d like to make one more 14 MS BEASLEY That's your moUon, Mr 14 I'd like to offer a friendly amenthnent that we sever the 15 Young Your motion 15 residential from this You had brought up a point that 16 MR yom, to yeah, I know And the reason 16 just a small portion of the residential is a small 17 why that we had to have that tax increase is because we 17 portion of the development But in fact the arena and 18 weren't getting any of the kind of projects that would 18 the hotel, et cetera really only 60 acres out of a 19 brmgrevenuemtothoCltyofDentonhkethlsproject 19 260 ecredevelopment at least on th~s lower portion And 20 would do We haven't bveu getting that We haven't been 20 since them arc some difficulties with the residenual 21 getting any commercml development So I'm going to be 21 area, that is a gray area that nobody's arguing that the 22 voting for the motion b~ng that I seconded that moUon 22 other part fits into the defimtton of visitors and as a 23 And I thank it's a great project and, you know, this ts 23 tourist attraction But I would offer that as a friendly 24 somethtog whore it's not that Ws so much a benefit for 24 amenthnent because none of you mthcated that you were that 25 file City of Denton, but a benefit for Deuton County, 25 wedded to the idea of the residences and it would seem CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 49 - Page 52 CondenseItTM Page 53 Page 55 I like this would be a way to clean it up at its inception 1 is to consider adoption of an ordinance plovldmg for a 2 And then at some pmnt by some mlracLa tho Atturuey 2 detaded plan 3 General comes back with tho decision that mthcates 3 Ms BE^S~V [Ihmk we need to waa until 4 someone VlSltlng their own home is indeed a tourist, then 4 thai group moves out and the next group moves In 5 ~ would be able to include it then at that point 5 striver BROCK Agenda B~m No 4 consider 6 MS I:.RtsTOFEIISON SO are you suggesting 6 adoption of an ordinance prowdmg for a detaded plan for 7 then that we annex the residential? 7 a Planned Development PD IVn zoning district This ~s a 8 MS BEASLEY I don't think we can 8 378 1 acre properly generally localed south of Johnson 9 MR COCHRAN why can't we? 9 Lane between John Payne Road and Fort Worth Drive A 10 MS BEASLEY Because It'S the 10 single famdy subdivision with open spaces ~s proposed 11 Colmmssloners Court that sets up the distant, not us l I The Planmng and Zomng Coimmssmn mcmmnends approval by 12 MR BURROUOHS I won't accept that as a 12 a vote of 4 1 and this is Zoning Case Z 99 100 Counlry 13 friendly amendment for a nmnber of reasons One, I don't 13 Lakes Noah 14 think techmcally we can do it at this point just severing 14 m ~cmv~r thank you Mayor Courted 15 it off outside of what the CommlsSlOuers Court has 15 members I bebeve th~s acm was continued from your las! 16 established as a boundary But also because I don't think 16 meeting in order to g~ve the school district Argyle 17 it's our call Tha City of Denton is an mstrumeatehty 17 School D~stnct and the developer nme to work out some 18 of the State of Texas The Attorney General of thc State 18 ~ssues related to the school sales associated wl~h the 19 of Texas lS the one charged with th~ authority to deflue 19 concept plan I believe that was the only ~tems of 20 the Legislative intent that exists belmnd It I don't 20 content*on 21 beheve that the 99 homes will be included I think the 21 MS IOJSTOFFaSON NO no Well at th~s 22 Aa will come back and say they're not That's his call 22 men. ut m rune 23 It's not our call That's not our job And if that CDD 23 m KUrCmlAP. T In your backup the staff ;'4 wlll not functmn without that 99 homes Included in It 24 had reconunended that Note 22 be amended but just as of 25 then it's probably best that it be put to rest as a CPO 25 this evening you ve been handed out a page with four Page 54 Page 56 But I don't believe W s our call I addmons on n If you will that have been proposed by 2 MS KRISTOFERSON But It do~s beer the 2 the developer and accepted by the Argyle School District 3 question, if it is severed out, can we come back and annex 3 And they're both mcnnbers representing the developer and 4 that residential port,on so we can -- I mean 4 the school thstnct hem to address these ~ssues But 5 MR COCHRAN YeS, of course, we can And 5 what we am proposing now is that Note No 24 be deleted 6 one other tlung I would request is that there be verbatim 6 and then that these addlUonal condluons be added to the 7 minutes of this particular issue because I beheve that 7 detailed plan And the developer has agreed to that and 8 thas is something that will come back to haunt us all 8 the school thstrlct has also agreed to tl~se conditions 9 And th~s ~s a very important decmon for Council and I 9 With that I could answer any questions 10 would just hke to have minutes that are equal to those of 10 MS ~STOVERSO8 Mr Murphy asked that 11 the Planning and Zoning Commission because I would hke to 11 question last week, were there any additional questions, 12 have thom be some record of my opposition to this and 12 and we thgressed and got distracted with the school ~ssue 13 your acC, eptance of it 13 and indeed one of the questlons I had wanted to ask ls 14 MAYOR BROCK Can we do that oa the 14 this is a detailed plan approval and we had absolutely not 15 recording? Any other discussion? All m favor of the 15 one specific detail of what the homes thcunselves would 16 motion made by Mr Burroughs and seconded by Mr Young 16 look like because they were based on the concept plan So 17 pleese raise your right hand All opposed? So the vote 17 you've provided us and all of us with the concept plan 18 ~s 5 2 18 delineations of what the homes look like, and I have ~ome 19 (DURRANCE AND COCHRAN VOTED IN OPPOSITION) 19 additional things I'm concerned about on that 20 MR COCHIN Be sure and spell those names 20 One we found that on the elevations you 21 right 21 have suggested on other developments and it's a good 22 MAYOR BROCK Next On Our Agenda we will 22 suggestion, that the elevations be varied so that they are 23 be skipping Item No 3 because that was the alternative 23 not similar, no two can be alike, no thn~ can be alike 24 that we had ~n case we r~ected the agnam~eat that we just 24 and that indeed they're vaned I believe I've seen you 25 approved So we will move onto Agenda Item No 4 which 25 make very slx so that the elevations are different Can CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 53 - Page 56 CondcnsoltTM Page 57 Page 59 1 we not S~ those? I MR REICHHART If I can address that one 2 MR REICHHART we have done that in the 2 The trouble is when you're working with the telephone 3 past that no two sunder elcvaUous be side by side 3 companies, electric coinpames if it s not Denton Electric 4 MS KRISTOFERSON And SO these must vary 4 and different telephone companies if they don't cooperate 5 every six so that we're assured that thorn's going to be 5 at the pm construction meeong we do have a 6 some venation in the house plans hem 6 pm construction meeting where we include all the 7 We've seen no specifics on fencing I 7 utilities But if they don't decide to follow a con'anon 8 assmne there's going to be fences in this area and I think 8 trenching along the streets, I mean, there m httlo, ff 9 we've worked very hard to not see wood fences everywhere 9 anything, that we can do to prevent that 10 wego And l apologize lf the detad m on that Isaw 10 MSKaISTOFFRSON Ithmkoncofthc 11 no detailing to that case As far as the masonry, I see 11 things we've been renuss m as a City, is we have 12 80 percent, so that's good 12 perhaps not dedicated enough effort to try to make sum 13 The other issue I had a question on was the 13 that all the parties come together as many tm~es as they 14 hmltsofclearmgandgradmg Ikoowwe'venowfoood 14 needlt AndI'mlustsaymg, Larry, we're lcarnmg the 15 that if we are not specific in those limits of clearing 15 hard way in some other areas that it could be done beUer 16 and grading that they may have an intention of leaving all 16 And this is one where it probably, it's big enough that we 17 trees that they look clear cut and graded to me as an 17 should be able to make that happen 18 observer, this is beauaful land And I think it would be 18 ~aa REIC~Hnal' the trouble we have is that 19 nice that we unpose hrmts of cleamng and grading 19 when we invite the other utilities to come to tl~ 20 specific to whatever m not in the footprint of these 20 pre construcaon lneetlng they don't show up Do we stop 21 homes And especially when I saw that ols picture where 21 construction until they do show up and then they have the 22 those h'c~s are, I know they're trying to preserve them 22 hammer 23 btU we should do adchtlonal 23 us rmmTOFERSON The developer does have 24 MR REICHHART The majority of the tin:es 24 a lot of latitude to make a lot of those things happen in 25 am in Argyle and along the floodplains which is being 25 a timely fashion Page 58 Page 60 left as open space And the grading, the detailed grading I MR REICHHART Not as much as you would 2 that is needed to determine what trees will be able to be 2 hke to think 3 retained because of road elevations and swing finish 3 MS KRISTOFERSON okay You*re putting 4 floor elevaUons and utilities won't be done until the 4 roadblocks m my way 5 hnalplattmgstage 5 MR REICHHARI NO I'd love to be able to 6 us rzais?oreRsoN well, the topography on 6 do that and have everybody agree to a common utility for 7 that lake made ~t appear that there's mgmflcant 7 telephone, electric, and cable TV because that's very 8 topography issues And just the limits of clearing and 8 cmranon to do that And when we can, they do work that 9 grading, you've said it yourself, our landscape ordinance 9 out But I'm saying there are conditions that don't allow 10 does nothmg to preservn tre~s It would be nice if we 10 that to happen And by puttmg a condition on the zoning 11 could try and do that 11 that neither the City nor the developer has any control 12 l've also drew some other - in fact, just 12 over is very difficult for us to enforce 13 today, we're having some difficulties in our easeracnts 13 MR PROUTV I think another thing that 14 You know, there's an easement and we're trying to get 14 we're looking at ~s mmdar to what we did with the 15 everything in these easanents to serve everybody and it's 15 electric franchise that now ts under dispute We enacted 16 kind of workang out that not everybody is cooperating with 16 a right-of-way ordinance for electric that covered all of 17 the C~ty of Denton to make sure that it's the most 17 those matters And one of the things that happened in the 18 sufficient way m fill an easement So we're winding up 18 last Legislative Session is, under House Bill 1777, 19 trenching tr~es we don't have to trench Any of you that 19 telecommunication companies can elect to go under that 20 have drlv~n Crewford have seen that's a beautiful stand of 20 bill and can elect to cancel the franchise And what a 21 trees along there, so I'd like us to condition that the 21 lot of reties are doing is they're enacting telephone, 22 City of Denton must work with thc developer on th~se 22 cable TV right-of-way ordinances to cover those 23 easements to make sure that they am filled sufficiently 23 considerations and other considerations 24 rather than everybody just going in and piecemeal pumng 24 And what I think we need to do to address 25 their stuff 25 that overall problem ts to work with the planning staff CITY COLrNCIL MEETING SEPTEIVlBER 12, 2000 Page 57 - Page 60 Cond~nscItTM Page 61 Page 63 and bring to you, at some ttme m the future, an ordinance 1 MR F, EICHHART c~ertalnly The items set 2 to cover the other utthty franchisees on that issue and a 2 forth below arc conditioned upon the Argyle Independent 3 nmnber of other issues so we have better control of our 3 School District dedicating an approximate 0 38 acre site 4 right-of-way 4 along the eastern boundary of the 15-acre school site 5 MS KRISTOFERSON This makes a difference 5 described in paragraph 3 below to the City of Denton as 6 visually and, I mean, we're trying to build a beautiful 6 part of Phase I final plat for Country Lakes North 7 development and if you see some of the others that have 7 Number one, if the Argyle Independent 8 not gone that way, you'll see why we're suggesting tt 8 School D~stnct or ~ts successors has not acquired the 9 And then the last is the garage 9 school s~te Lot i Block uu w~th~n two years after the 10 onantatlons Why you have flush to rex~ss, I thmk, 10 date the school thsmct received written notice from the 11 obviously, we've made every effort to make sure that as 11 owner of the school site that 600 building permits have 12 few garages are facing the front as possible and I don't 12 been issued w~thm the Count~ Lakes development 13 notice a statistic tn here as far as a percentage of what 13 including those portions of the development wflhm the 14 will be flush, what will be recessed, and what can be 14 City of Denton and the City of Argyle, the school site may 15 possibly side-swing where we don't have to see them at 15 be developed m cornphance w~th the approved zoning for 16 all 16 the property This provision should substitute Note 24 on 17 So especially the fencing, the elevation 17 page 2 of the detailed plan 18 variation, and the garage orientations, the hmtts of 18 The City of Denton shall use ~ts best 19 clearmg and gradmg 19 efforts to notify the Aagyle Independent School Dlsmct 20 MR REICHHART Those details that you were 20 or its successors by and through as supenntendent of any 21 looking at came directly from the concept plan 21 proposed change amendment modification revision or 22 MS KRISTOFERSON correct, but we didn't 22 abandonment of any pomon of this detailed plan 23 have them prior to tonight on request 23 Thc Phase I hnal plat for Country Lake 24 MS BEASLEY There is a Note 19, screening 24 North w~thm the C~ty of Denton shall include one, the 25 walls will be constructed within the landscapmg easemen 25 15 acre school site, Lot 49 Block B m the Country Lakes Page 62 Page 64 I along John Payne Road, but that's just along John Payne I West preliminary plat two a 100-foot right of way 2 Road 2 through and across Lot 41 and across part of Lot 40 within 3 MS KRISTOFERSON But what are they 3 the eastern boundary of the 100 foot right of way being 4 comprised of9 Is tt masonry9 4 the cormnon boundary of Lots 41 and 42 of Block B of the 5 MS BEASLEY It says walls will be tn 5 same preliminary plat and flzree, all public streets 6 conformance with the current City of Denton landscape 6 water and waste water servicing the 15 acre school site 7 ordinance mqmrements and will be included on landscape 7 Nmnber four no more than 20 single family 8 plans So maybe they're green wails I don't know 8 res~dennal dwelling braiding penmts shall be Issued 9 You'll have to ask the developer that 9 unless and uanl all pubbc streets, storm drainage water 10 MS KRISTOFERSON And that's one of the 10 and waste water included w~thm the Phase I final plat for 11 things I'd like to get specified 11 Country Lakes North am completed and accepted by the City 12 MR RE1CHHART we can specify that 12 of Denton 13 MS KRISTOFERSON whether they could be, 13 The one other note that we're going - 14 you know, masonry pillars with wrought Iron I think 14 we re going to revise a note that's on the detailed plan 15 everybody Is tired of seeing wood fences 15 fllat the 10 acre school s~te, the five acre open 16 MS BEASLEY well, we don't have a public 16 space/school s~te to the north of that, and then the 17 hearing or anything on this, rlght9 17 private amenity center prior to any development, those 18 MAYOR BROCK We[[, this is an item for 18 threa s~tes have to come back in for a detailed plan 19 individual consideration so we can have someone to speaJ, 19 There ~s a note that says that on tbe detailed plan Both 20 to the Council 20 the developer and the Argyle School District just wants it 21 MR PROUTY The only thing that I would 21 tweaked a bttle bit and we've agreed to do that The 22 suggest, Mayor, is that before Council takes ItS vote, 22 developer has agreed to just change that a bttle bit 23 Just for the record, that although tt is relatively long, 23 MS BEASLEY xell me that again that 24 that you probably need to read these new conditions to be 24 before they come those two open 25 added to the detailed plan rote the record 25 Ma ~E~cm~nm' ~hose tlu~e s~tes the '.ITY COUIqCIL MEETING SEPTEMBER 12, 2000 Page 61 - Page 64 CondenaeItTM Page 65 Page 67 I school site, the park site associated with that, and the 1 says, ~n parenthesis, not a part of this detailed plan 2 amemty center all need detailed plans prior to any 2 And the new language would say that no portion of these 3 development 3 sites shall be developed until a detailed plan ~s approved 4 MS BEASLEY Prior to any housing -- 4 for these s~tes not development on the enare detaded 5 MR REICHHART Any development 5 plan 6 MS BEASLEY All right 6 MAYOR BROC~ Would someone from the school 7 MAYOR BROCK They all need detailed plans') 7 thstrlct hke to come and thscuss th~s first issue of 8 MR REICHHART CO1T~t 8 acqmrmg school s~tes? S~r would you give us your name 9 MS KRISTOFERSON My question on No 1 ts 9 and address 10 when Is the fair market valu~ determined for the property~ 10 MR HARP, IS sure My name is Jim Harm Il Is tt at the tu~e of their 600 building permits') Islt Il I'm an atlurney w~th the law f~rm of Thompson and Kmght 12 now'~ Is It -- I think that's a matter of clartflcetlon 12 in Dallas I'm here tomght on behalf of the Argyle 13 What has been decided') I mean, if the district ts m a 13 Independent School Dlsmct Our understanding, and you 14 position to make an offer and purchase tt now, can the 14 may want to get confmnatlOn from the developer about 15 fair market valu~ not be established now') I'd hke to 15 thru is that the mtent~on of the hrst condtnon was 16 have a date certmn on here 16 that we could buy at any tune we want It's just tl~ce 17 MR SNYDER I think that the mtem of 17 has to be that we're looking for an end date and the 18 this provision was just to give a tune certain 18 end date is two years after we recmve written notice that 19 MS KRISTOFERSON There isn't a tune 19 600 braiding permats have been Issued 20 certain 20 So the pemod ~s from now unUl two years 21 MR SNYDER Well, there is It gives a 21 after we recewe that horace At any tane w~thm that 22 time ltnllt when they have to -- the school district has to 22 period we could seek to acqmm that partmular site I 23 exercise Its option to acquire the property 23 bebeve the developer shams that view You may want to 24 MS KR1STOFERSON But what If they want to 24 seek confirmation from hnn on that 25 acquire It now? 25 MR COCHRAN The kicking pmnt ~s notme Page 66 Page 68 I MR SNYDER They can I not the completion of the sltea is that nght~ 2 MS KRISTOFERSON It doesn't say that 2 MR HARRIS That's correct In other 3 MR SNYDER It just says that -- it says 3 words ~f they fall to not~fy us for two years, then we 4 that they have two years after the 600 building penmts 4 get that tune plus the two years froln when we receive the 5 are issued, to get notified of that, tn which to exercise 5 noUce Any other quesUons? 6 their option That's all this is intended to do It's so 6 MAYOR B~.OCK Are there any other questmns 7 they can then -- the representative of the school district 7 for Mr Hams? You had a queaaon for someone else? 8 can get up here and address this themselves but this is 8 MR BU~OUaHS ~ would hke the developer 9 what they agreed to 9 to state their understendmg 10 MS KRISTOFERSON okay If they've agreed 10 MR MURPHY Good evemng Frank Murphy 11 tott, that'sfme But lf they want to buy ~t now, 11 600 North Pearl Dallas, Texas Bas~cally, agam, I 12 there's nothing here that says they can buy tt now 12 restate my own words the contemplated fair market value 13 MR HILL well, ltsayswithtn That 13 Fa~r market value wfll be a separate agmement between us 14 means from here untd that period of time 14 and the Independent School District not revolving the 15 MR SNYDER Yeah, from here ontfl that 15 City The Clly ls not a party to estabbsh market value 16 tune In other words, they could do tt tomorrow tf they 16 on pmperty that does not affect the C~ty ltself Th~s~s 17 wanted to 17 an independent agreemeot between us and the school 18 MR BURROUGHS That's a agreement between 18 district not the Cay 19 them 19 We do have an agreomeot m place wah the 20 MS KRISTOFERSON well, I would hke to 20 school thstrlct m principle which wdl be proceeded to be 21 hear from the opposition 21 papered and agreed to that will prowde for a fair market 22 MR SNYDER And may I address that one 22 value and the right of the school district to exercise 23 last point that Mr Retchhart made about the notation on 23 that as set forth m hem But the actual estabhslanent 24 the site -- on the detailed plan I think what the intent 24 of the fair market value is not an issue with the C~ty 25 ts ts that the note would replace the currant note that 25 It cannot intercede between private negotmt~ons to try to CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 65 - Page 68 CondenseltTM Page 69 Page 71 I force the estabhslu-aent of fair market value Appreciate 1 garages here to -- must be flush or recessed from the 2 your time 2 front facade so the 33 percent flush, 33 percent recessed, 3 MR PROUTY well, let me ask you a 3 and 33 percent side-swing, which are definitely attainable 4 question and I probably need to ask the same thing of the 4 on the larger lots The fencing to be stone pilasters 5 school chstrmt You've heard this You've seen this 5 with wrought iron and the elevation variations of every 6 And I assume you've worked tMs out It's been mad into 6 slx within the subdivision 7 the record Am you m agreonent with these additional 7 MR BURROUGHS would fencing be defined as 8 changes to the detailed plan9 8 fencing that faces public rights-of-way9 9 MR MURPHY Yes, s~r We worked those in 9 MS KRISTOFERSON Public rights-of way 10 conjunction w~th the school d~strtct and Council earher 10 And I think -- 11 this evemng 11 MR BURROUGHS Roadways9 12 MR PROI. HY And someone from the school 12 MS KRISTOFERSON YeS, there's a major 13 district, am you also m agreement with this9 13 roadway hem 14 MR HARRIS Yes, sir We have reviewed 14 MR REICHHART John Payne 15 this and the language that's presented to you has been 15 MS KRISTOFERSON John Payne 16 agreed by both sides 16 MR DURRANCE can we describe those as 17 MAYOR BROCK Thank you Are them any 17 columns9 18 other questions or discussions by Council9 Or 15 there a 18 MS KRISTOFERSON columns, sorry 19 motion0 19 MR BURROUGHS I would make that motion 20 MR YOUNG I'd hke to make a motion for 20 with these things 21 approval as submitted with the changes 21 MR REICHHAR'I The developer has some 22 MAYOR BROCK TO Z-99-1009 22 information that he could bring a light on some of these 23 MR YOUNG Yes, ma'am 23 issues, if that would help you 24 MAYOR BROCK Is them a second9 Is this 24 MR BURROUGHS Right And it's for 25 going to die for a lack of a second9 25 discussion purposes Page 70 Page 72 I MS KRISTOFERSON uh-huh Well, none of I MS KRISTOFERSON And I 11 second 2 these were addrossed and they're falrly slgmficaat [ 2 MR MURPHY t~'~rstoifonthefeacmg 3 mean we're talking 1,300 homes They could all basically 3 well let me before I get into that we've been before 4 lookakke IthmkWsafairstatoneattomakethem 4 Councd three times now bean m front of staff 5 to ask them to perform to the level that we've asked 5 considerably We've asked every time to tell us, 6 others to perform wluch ~s to dlffereeOate their plans, 6 specifically last week please tell us if there are any 7 elevation variations of every six I think we've seen 7 additional items dial are an issue before this hoard 8 that a couple of t~mes The garage orientation, we're 8 before Council other than thc school thstnct There's 9 looking for 50 percent In some areas, I don't think we 9 not a response at all last week Prior to that 45 days 10 can probably achieve that with the size lots that we're 10 ago we asked the same thing You rinsed the connectivity 11 looking hem, but I would let someene submit that And 11 to the east and west We ve comphed with that Prior to 12 the fencing, I flunk that is what makes a subdivision 12 that we compiled with everything staff brought forth 13 stand out, because ~f it's all wood and ~t's falhng down 13 We re before you again hawng gone out and worked w~th the 14 after two years that's not what we want to see I think 14 school distrmt to prowde exactly what you asked us and 15 those that have been successful have had stone pilasters 15 the only thing you asked us last week 16 with wrought iron, at least, the stone pilasters and some 16 We find ourself again m front of you with 17 variation 17 proposed changes to the detailed plan that we have not 18 MS BEASLEY well, why don't you make a 18 heard or seen or been addressed before this very moment 19 moaon? 19 In fact some of what we are hearing tonight we believe to 20 MS KiUSTOFERSON well no I don't want 20 be a modification to the PD ordinance that you previously 21 to make a motion to approve this I will vote for a if 21 negotiated and approved with our predecessors Huffmes 22 there is this in it A vanaBon of every s~x, fencing 22 MR BURROUGHS such as9 23 with stone pilasters and wrought iron, and garage 23 MR MURPHY such as the garages, the 24 orientations of no less than 33 percent flush, 33 percent 24 Inurtat~ons of the 33 percent reqmroneat Was that not a 25 recessed, and 33 percent side-swing Well, you have the 25 negotiated item specifically w~th the Huffmes in the CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 69 - Page 72 CondenseltTM Page 73 Page 75 I zoning ease and the lawsuit, the annexation process9 We I be made part of the mot~on to approve the detailed plan 2 have confirmation from you on staff it was 2 We have archlteat restrictions If it would appease the 3 MS KRI~TOFER$ON well, and I didn't 3 Councd tonight we'll make those architect restrictions 4 change the words flush to recess 4 about the elevations part of the detailed plan tonight 5 MR MURPHY But you're making a 5 Again, I'll restate that If you care to, our 6 requirement that 33 percent of the lots he of each of 6 restncUons provide for no repeat elevations on the same 7 those types of requirements 7 street within 200 lineal feet of the nearest lot line of a 8 MS KRISTOFERBON It's a condition to be 8 lot, of a house on the nearest 200 hneal feet 9 done rather than an intent -- and, Mr Murphy, since I 9 MR COCH~q SO your objections are just 10 made the suggestions, in fmrness, you asked it last week 10 philosophical to the point rather than pracacal? 11 and then we spent a significant amount of tune on the 11 MR MURPHY TO the elevations I do object 12 school issue and we didn't return to this But It's been 12 those to the reqmreu~ent that we have one third on the 13 of concern both times that we've seen no specifics on how 13 specific types of garages placed on every lot I do 14 the homes within your subdivision w~ll look, and it is 14 obJect to that very strongly 15 absolutely part of the detmled plan for that to be 15 As far as the fencing goes again, we've 16 provided and it's been a consistent, consistent provision 16 bean apprised just effecuve tonight that we are to 17 of Council throughout 17 provide a fence elevation for the detailed plan We were 18 MR MURPHY Is that contained within the 18 not aware of that untd just tomght The elevation we 19 PD requirement that we provide elevation restrictions for 19 prowde for, we'll be doing something other than wood 20 these? 20 along John Payee Road We'll be happy to put that as part 21 MS KRISTOFERSON Absolutely 21 of the detaded plan tonight The exact design we don't 22 MR MURPHY staff`7 22 knowyet Atammunmn we'll be domg iron fencmgwith 23 MS KRISTOFER$ON In a detailed plan, 23 stone colmnns But to provide for It to be adjacent to 24 you're exempt from interim ordinances Absolutely 24 every pubhc right of-way, no Because they're basically 25 MR REICHHART The elevations are not, per 25 every house every side al a house that abuts a public Page 74 Page 76 1 se, a reqmrement of a detailed plan but the ordinance - 1 street is game to have somOhmg other than wood You 2 thc strict an elevation is not a requirement m our 2 don't have that standard ~n any development No city that 3 ordinance for a detailed plan But there is a condition 3 I'm aware of m the metroplex has that standard But any 4 if you will, that would allow to ask for arclutectural 4 fence that faces or abuts John Payne Road we're happy to 5 elevations as part of a detailed plan being above and 5 do that 6 beyond you know, a Ilnlque design IS a reason to approve a 6 MS KtoSTOFERSON And that was the mmn 7 detailed plan and to be able to look at that unique design 7 street I was concerned with 8 is applicable 8 MR MURPHY Again you're echoing 9 MS KRISTOFERSON Then maybe I've 9 standards that we already have 10 misstated llus My only thing ~s the plans that you plan 10 MS KRISTOI~ERSON Then you're to be 11 to use Mr Murphy, is to say that you don't use House A 11 conunended because those are not standards that we have 12 next to or across from House A so that it looks like House 12 seen ~n our community thus far 13 A times thr~ It's to say that you're going to at least 13 MR MURPHY I understand 14 have four or five home vanatmns and I would hope that 14 MS KRISTOFERSON SO it should not be a 15 your subdivision has planned that 15 pioblem for it to be condmoned so that we can be assured 16 MR MURPHY We have deed resmct~ons that 16 that that will take place 17 we file of record, major CCR restrictions that, in fact 17 MR MURPHY Again Pll be happy to go on 18 govern those lteans Our standards that we u'ahze in our 18 record w~th the detailed plan tomght to provide for no 19 CCR s is that no repeat elevaUon may be without - be 19 wood fences to be on property abutting the John Payne 20 allowed within 200 lineal feet of tho nearest lot line 20 Road And at a minimum, we'll provide stone columns with 21 with an existing home on the same street 21 iron fencing in heu of wood But agmn the garages are 22 MS KRISTOFERSON YOU'Ve deed restricted 22 an issue w~th tls 23 a more stringently than we've requested it 23 Previously the thscusslon crone up with 24 MR MURPHY HUt what I'm ob, leering to is 24 regards to easements, specifically what wa call dry 25 the fact that these items are being brought before us to 25 utdaies, l c, telephone clecmc, cable, franchise CITY COLI~CIL MEETIbIG SEPTEldBER 12, 2000 Page 73 - Page 76 CondcnseltTM Page 77 Page 79 folks both now and future coming into thn development We 1 doors faczng the street anymore than you do 2 have absolutely no control over what they do As long as 2 MS KRISTOFERSON So you shouldn't mind a 3 there's a ,public right of-way, they have absolute 3 cond:t~on so that we can achieve that9 4 authority to go into public right of-way We can't 4 MR MURPHY well, at the detailed plan we 5 control timing We can't control whe~ they're going to 5 do, unfortunately, because we have not gone through the 6 go We Can't force there to come to meeUngs, as your 6 process to select the bmlders and who wdl be going in 7 staff has stated It's beyond our control They're a 7 and work out the architectural demgns with them So, 8 public entity which we have no leverage for 8 basmally, this would t~e our hands very strongly w~th the 9 As far as trees, we have previously 9 bmlders that we'd be brmgmg mtn the development 10 provided in the concept plan approved as part of the 10 MS KRISTOFERSON Mr Murphy, I see ~t m 11 zoning a major lake system That lake and any trees 11 every other c~ty I'm sorry, your argument does not have 12 within that ama will be cleared We'll have to put that 12 meat If you can go to every other city and see it ~n 13 lake m as part of the clamor to mnove the property 13 every other town, you may lust have to d~versffy your 14 portions of ~t from the floodplain on the school chstrlct 14 bmlders a httle bit But ~t can be done And for the 15 for effect Those lakes have to go m So any trees 15 longevity of it, I don't think ~t's an unreasonable 16 within that quadrant where those lakes are going to go 16 request 17 have te be removed We work to save trees We know the 17 MR MURPHY Again, we're not prepared to 18 effect of trees on home values But there are instances 18 agree to one-third of garages as you stated, one-third of 19 that we have to remove trees We'll do the best that we 19 each type of product That's a severe hm~tatton on 20 can to save the trees There are very few on this 20 development 21 northern property but we'll work to save there 21 MR BURROUGHS I'm sorry, Ron~ 22 Again, fencing, we're fine with the 22 MS BEASLEY That's basxcally my question 23 reqmrement for a mlmmmn iron fence with stone columns on 23 so that's fine 24 John Payne Elevations, no repeat elevation within 200 24 MR BURROUGHS would it be possible to put 25 lineal feet of the nearest lot line on the same street 25 hmttatmns that's more general, meanmg somethmg along Page 78 Page 80 1 But, again, we object strongly to the garage elevations 1 this line that no more than 50 percent of the garages 2 MR BURROUGHS I d like te amend my moUon 2 shall be of the same orlentatlon9 3 to encompass those two items m replacement of the three 3 MR MURPHY Agaln, our understanding was 4 I have a question 4 that this was a negotiated item with our predecessors as 5 MS BEASLEY Yeah, I have a quesaon for 5 part of the zoning process We relied upon that zoning 6 them too 6 and we, again, request that ~t be the zoning 7 MR BURROUOHS About the garages, do you 7 negotiation that occurred be honored at this time 8 have any perimeters relative you've heard the concern 8 MR YOUNO Yes, I Just want to second 9 It's just the repeat, repeat, r~eat, the same Is there 9 Mark's motion 10 anything that you can provide that would not be harmful to 10 MAYOR BROCK It's been seconded 11 yourapprench, yotencompassthoooncem? 11 MRYOUNG oh lt's been seconded Okay 12 MR MURPHY we have alternate designs for 12 MR DURRANCE DO We neelt to, considering 13 garages that we select with the various builders to put 13 our lack of materials which were received, go into 14 into development P/hat we'll select for this development, 14 Executive Session? 15 we do not know just yet For example, what we do in some 15 MR COCHRAN Let me lust ask you a 16 developments and, again, it's subject to change, any 16 question, It I can, and that ~s 17 garage door that faces the street must be slagle car 17 MAYOR BROCK NO let'S get an answer to 18 garage doors separated by masoury colamos So we break 18 Ned's question 19 that up In heu of that, sometimes we'll do swings 19 MR DURRANCE Yenh First and foremost 20 Sometimes we do J's Sometimes wc do reverse, swings 20 let's take one thing at a time 21 You movo the gurage to the mlddle of tbe beuse end you 21 MR PROUTY Thlsis- youknow ~fyou 22 come m from the beck side and have your garage on the 22 want to talk about the legal effects of this with year 23 other side Sometimes we'll have recessed garages luke 23 ailorney if you require this condition, and ~f you turn 24 you provided for in hem Our expectation and intention 24 it down I think that you probably should But that's your 25 lsthosamothmg Wo don't hke m your face garage 25 dec~sion to make lf thn majorlty of you wants to go mto CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 77 - Page 80 CondenscltTM Page 81 Page 83 Exccu'ave Session, we can I thc front building hne facing thc street shall be of 2 MAYOR BROCK DO yOU want to make a moOon 2 double car garage doors or maybe something other than 3 that we go into Executive Session, Ned? 3 architecture control garage ~ e, masonry columns, 4 MR DURRANCE Not at this time 4 separating garage doors, staggered shadow box effect 5 MAYOR BROCK okay 5 MS BEASLEY We need our attoruey to help 6 MR COCHRAN ! Just wanted to ask you a 6 us with the language 7 question here And you can see our reluctance to be 7 MR DURRANCE It sounds like we're not 8 comfortable with this vath there bcang some areas m which 8 ready at all to take a vote on this We'll still ~n 9 we'renot we can't really see exacfly what yca have in 9 negoOations Let me propose a oouple of thmgs Idont 10 mind Now you've demonstrated and represented that 10 bke open nego'aatlons like th~s I think ~t makes us all 11 you're going to bmld a quality subdivision which all of 11 look bad and I don't think it looks like we're prepared in 12 these answ~s are going to be taken care of You've 12 any way, shape or form And I don't hke doing things 13 answered very well tho question of the fencing and of the 13 rushed at the last minute you know scribbling down 14 other one, whatever it was 14 things on a piece of paper and say mn a line here and 15 MR MURPHY Tho elevations 15 there just probably ~sn't going to get it It's probably 16 MR COCHRAN Ihank you very much The 16 not ge~ng m let us all fenl comfortable we're domg the 17 question is is that is there some point as far as the 17 right thing And I don't know if that meaus we're not 18 garage onentaUon goes that you are willing to commit to 18 ready to go forward with this thing or not but I really 19 because you've already verbally said that you're planning 19 flunk we've got some questions here We've got some 20 to do that So I understand you don't want to maybe pm 20 addmonal conditions And frankly, I'd like to look at 21 put yourseff in a corner, but what I think would be -- 21 thean I don t like making snap judgments based on you 22 move us forward here ts if there's some point between the 22 know, renditions of what we think may or may not work 23 nmubers that we've been talking about here and nothing 23 And I think he's rinsed some good points about, you know 24 that you would be valhng to accept just as a way of 24 do we talk about percentages or do we talk about design or 25 moving us forward here a h~lo bit 25 what an: we talking about here Page 82 Page 84 I MR MURPHY I understand the question 1 MS 8EASLE¥ well, I disagree because I 2 Let me give you a little bit mom back~'ound I was kind 2 think we've held th~s detailed plan now for over a month 3 of short earlier I apologize for that When you get 3 for good reason, and I was very suppomve of doing that 4 into the statement, no more than "X" percentage of garage 4 We're not going to mee~ next week Our next meeting will 5 doors may face the street, well, what tf it's recessed at 5 be the end of September And I don't th~nk that these are 6 the very back of the lot'~ A detached garage in the very 6 these are ~ssues that we ve htuumered out with hundreds 7 hack of the lot ts still going to face the front To get 7 of developments in a short period of Ume And that's why 8 a porte cache, ts the second garage door m the back, a 8 we're maybe so tough on you because we've done this a lot 9 very attractive feature, facing the front of the street9 9 lately 10 Yes, it xs If you recess tt and stagger tt vath 10 Ma KRISTOI ERSON And we've been betrayed 11 archttBetural controls, is tt still facing the street9 11 more than one time 12 Yes, it ts 12 MS BEASLEY Yeah We've been betrayed a 13 MR COCHRAN AIl good points 13 lot lately, too 14 MR MURPHY So when you get rote the 14 MR COCnaAS That's the issue right there 15 definition of what Is a garage door facing the street, the 15 MS BEASLE¥ SO I'm not for postponing 16 hmttatton of that, you really start narrowing the scope 16 th~s I think we can -- this last condition on the 17 of what the architectural features a budder can bnng 17 garages, we can work something out 18 mto the development And that's what I'm objecting to 18 MS KRISTOraRSON BO you have some 19 MR COCHRAN well, tt looks to me that we 19 language you'd reconunood9 20 could draft some language that would meet both of our 20 MR COCHRAN ahey weren't bstemng 21 interests 21 Would you restate it so that our attorney could hear it9 22 MR MURPHY AS a possible solutton, let me 22 MR MuRraY Again, r 11 be very brief and 23 put forth, any garage at the front of a house that faces 23 reiterate tho~n But the thought was is the restrlcUon on 24 the street, no more than 33 percent of those may -~ no 24 the number of garage doors facing the stre~ If they're 25 more than 33 percent of the homes with garages located a~ 25 recessed in the back of thc lot or they're recessed from CITY COUNCIL IVffiETING SEPTEMBER 12, 2000 Page 81 - Page 84 CondonseltTM Page 85 Page 87 I thc house building line, then you've effective shadowed i key fee/mc to avoid hawng garage doors face the street 2 them, per se So the thought was no moee than 33 percent 2 You've eliminated it through the zoning process By doing 3 of the lots may have garage doors on the braiding linc 3 th~s, you're gems to force them to be flush with the 4 facing the street that do not -- that are not separated by 4 house or they're going to be recessed If you're gems to 5 masonry golBmns 5 make them flush with the house what do I have, what 6 MS KRI~TOFERSON NO, that's not reaching 6 options do I have? You've cut my options so far down I'm 7 the intent that I'm looking for And I don't know what 7 gems to be forced to have everything standard which ~s 8 that - you know, when you drive in and it's -- no, it's 8 exactly what you're trying to avoid hawng You've cut my 9 side-swing, it's J Those are the tenns we've used It's 9 options down slgmflcantly by ehmlnatlng swing garages 10 to extend the visual elevation and not have garage doors 10 So I'm hmnstmng ah-eedy starting out 11 sitting there I 1 MS BEASEEY can we at this point change 12 MR MURPHY We have an awful lot of homes 12 that feetum? 13 also - 13 MR COCHRAN I think you'd like us to 14 MR DURRANCE I'd hke to make a motion to 14 MR MURPHY It's part of the zoning 15 go into meet m Executive Session at this tune 15 process We are not in favor of continuing this process 16 MR PROUTY I think you should because I 16 to allow the PD to be reopened and will not consent to 17 thmk there's some things we need to talk to you about 17 renpemng the PD for a change of zoning 18 MAYOR BROCK Is there a second? 18 MS KRISTOFUltSON It's a detailed plan 19 MS BEA%EY second 19 It changes neither the building - what are those terms? 20 MAYOR BROCK Ali in favor of going rote 20 It doesn't change the density It doesn't change the 21 Executive Seaston at this tune, please raise your hand 21 perceetages of the 22 We will convene to Executive Session at 10 18 p m 22 MR MUaPnV ~ m saying that the question 23 (CONVENED IN EXECUTIVE SESSION) 23 that we have ~s it legally possible to change this 24 MAYOR BROCK And the Denton City Council 24 reqmremeet which was wn~n into the zoning ordinance 25 ts now going back into regular open session and we are 25 w~thout renpenmg the zomng ordinance again? Can you Page 86 Page 88 1 still discussing Agenda Item No 5 which is no, I change a detailed plan? We don't know That's a legal 2 Agenda Item No 4 which is a detailed plan for PD 174 2 interpretation 3 And ~t's zoning case Z-99-100, Country Lakes North We 3 MR BURROUGHS And we make tt less 4 have a motion before the floor 4 restrictive 5 MR BURROUOHS I d like to ask the 5 MR BURROUGHS Yeah, isn't that true that 6 developer a question if it's all right My ques'aon is 6 we can make it less restrictive? 7 has there been any greater vasdom as te something that is 7 MS BEASLEY And that's less restrictive 8 consistent with your vision anyway that, knowing the 8 MAYOR BROCK without pubhshmg for a 9 Council's concerns about that garage qeasUon - that 9 pubhc hearmg? 10 basically all we're trying to do is m case you sell it or 10 MR BURROUGHS At the detmled plan level'~ 11 something down the road somebody w~thout your vision comes 11 MR PROUTY L sually, you can make It - I 12 m, that we get consistency, that your vision gets 12 don't know that you can make it less restrictive I think 13 applied And that's really what we're looking, we're 13 usually what we rule is you can make it more eestnctlve 14 trying 14 without going back through the notice procedure, because 15 MS BEASLEY Actually, that It not be too 15 then you'd have to renotffy all the other property owners 16 consistent We want some variety 16 MR MURPHY SO you carl se~ my dflelmna 17 MR BURaOUOHS Right Consistent with the 17 MR HII L Feem our standpoint, I guess the 18 vis,on Inconsistent 18 question and I thmk it's a legal question, is whether or 19 MR MURPHY t understand the concern of 19 not changing that condition constitutes a change to the 20 the question In reloolang at the memorandum handed out 20 concept plan whmh really is not being discussed tomght 21 by staff, please note the asterisk, garages, attached or 21 What we're eeally looking at is a detailed plan And are 22 detached The next statement is key, cannot extend in 22 we -- or is theee a posstbihty that what Is being brought 23 front of a house Basically, that provision has 23 to Council's attention in terms of changing that concept 24 ehmmated oar usage of a garage feature we like which is 24 plan condition would have to be done by amendmg the 25 swing garages You completed eliminated our usage of a 25 concept plan or if tt can be changed tn the detailed plan CITY COUNCIL MtlETING SEPTEMBER 12, 2000 Page 85 - Page 88 Cone cllscltTM Page 89 Page 91 i 1 don't know the answer but I think that's one of the 1 other way, too, but there is an argument that can be made 2 technical questions 2 that this is a zoning case It's just not admmlstenal 3 MR PROUTY I think your ordmence gives 3 s~te plan approval process It's a zoning ease So I'll 4 you a lot of leeway with regard to cond~ttomng things at 4 refer you to Section 35-155, conditions imposed, and this 5 thc detailed plan stage I think the real concern I would 5 ts tn our zoning ordinance and this deals with detmled 6 have if you make it, that particular item, if you make it 6 plan approval And it does say, the Commission or City 7 less restrmttve than the original concept plan, then the 7 Council may nnpose conditions concerning location, use, 8 question is do you need to go hack and notify all the 8 arrangement, construction, or development of the district 9 property owners within 200 lent Procedure, I think that 9 in order to ensure the appropriate use of the district and 10 the conservative tlung to do in that case is we go back to 10 to protect surroundmg properties We've used this 11 notify the property owners If you made it a httle bit 11 provision before to place other conditions The 12 more restrictive and the developer agreed to it, I don't 12 difference here is that we had a specific condition in the 13 think you'd have to go back through that process because 13 concept plan that addressed this specific issue and we ere 14 then you're not negatively impacting people within 200 14 modifying it 15 feet 15 So I think my point is there is room to 16 MR BURROUGHS Then I have a question Is 16 argue that this is a zoning case We've gone to P&Z 17 it more restrictive tf we put m the language that you 17 There's been a public hearing The adjacent property 18 cannot extend from the house -- see, the concern I know 18 owners have been given notice And, therefore, in this 19 that was there when that was put tn is that if it's 19 detailed plan you could revise a condition that was in the 20 forward-facmg and it's not -- 20 concept plan approval 21 MR COCHRAN If we just put front-facing 21 MS BEASLEY Per every meeting that I've 22 garages, attached or detached, cannot extend in front of 22 stood by, it is the third part of the zoning process 23 the house 23 It's not -- I mean, it is the zoning 24 MR BURROUGHS Front-facing garage9 Oh, 24 MR BURROUGHS Then my question would be 25 you mcan place that language 25 of the developer What you're saying is you too thought Page 90 Page 92 I MR REICHHART That WaS tho intent I that as catcgormal, that ~t was really the 2 MR COCHRAN BUt If we Specify that and 2 forward facing garages that I mean from a hamstrung 3 I don't think that s making ~t e~ther less r~str~ct~ve or 3 standpoint we don t want you to be hamstrung We want 4 more restrictive It's just clarifying ~t Front facing 4 the opposite 5 garages attached or detached, cannot extend m front of 5 Ma MUr(mV we behevc that swing-entry 6 thc house 6 garages are about a part of our development specifically 7 MR SlNYDER [ want to point out two things 7 m developments that do not have alloys We use them 8 here I know th:s ~s subject to the argument e~th~r way 8 everywhere We use architectural controls We use 9 But the way our zoning ordinance ~s set up we have a 9 setbacks non flush flush, venous things But In 10 two step process of the concept plan wh:ch :s approved by 10 reading the ordinance ~t was oar understanding that we 11 the mmal zomng ordinance, and then the detmled plan, 11 could not have swings We would hke to have swings but 12 which Is approved by another zomng ordinance So oar 12 we do not want to be m a pos~t~on that somebody is gemg 13 procedure is rather peculiar to what other cities may do 13 to crone back to us down the road and say you're not m 14 Th~s ~s not a site plan approval, per se This is 14 comphance w~th zoning You have to rezone your proper~ 15 actually an or(hnance that's being adopted We went 15 and open back up to incorporate this That's our concern 16 through the pubhc hearing We went to P&Z No'aces were 16 Mr( COCHaAS ,',nd that's a fmr one and 17 g~ven to the adjacent property owners just l~ke any other 17 yoer point is really well taken on that And I apprecmte 18 zomng case so they all had an opportunity to be here 18 you bringing ~t to oar attention And let me just ask a 19 today and voice any objections to any changes and any 19 rhetorical qucstmn hem and you don't have to conumt to 20 condemns that m~ght have been ~n the original concept 20 :t or anything but just ~f we were to add some language to 21 plan eppmval So there's at least an argument that can 21 clm~fy that that would perm:t the swmg-enuy garages and 22 be made that because of the way oar detailed plan process 22 specify about the front lac:ne garages extending out to 23 ~s set up that you could tweak a conthtmn that's or 23 maybe a percentage of the ones that are front facing, 33 24 rewse a condition that was in the original concept plan 24 percent I think you suggested as a nmnber would that be 25 I will admit that there's an argument the 25 something that would be that you could hve with'~ CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 89 - Page 92 CondenseltTM Page 93 Page 95 I MR MURPHY Tho IssBe that comes to mind I playlug the dewl's advocate because I've got to look at 2 ff the prowslon to allow sw~ng enmes is overturned in 2 that pos~uon What in the event that if that happened, 3 subsequept Councils or subsequent acnon through cmzens, 3 would then the existing homes be deemed to ho a 4 would then the hrmtanon about the 33 percent be sull m 4 non-conforming use? 5 effect? So would we have further hmlted ourself even 5 Ma PROUTY NO 6 further by that? 6 MR MURPHY okay 7 MS KRISTOFERSON It's 50 percent In our 7 MS BEASLEY SO who's going to challenge 8 Development Code 8 th,s anyway? 9 MR COCHIN well I would llke to make 9 MR MURPHY I don't know I've got to 10 sure that that dcesn't happen and surely we can ~- because 10 look at that downside though 11 we're not trying to rock you here or anything hke thor 11 MR PnOUTY I think It would holp if we 12 And what we're and the reason why we'm going to so 12 would put a severabfifly clause m the ordinance to cover 13 much trouble on this is because we're trying to make sure 13 that would help cover your concern 14 that we don't get tricked too And that's basically what 14 MR MURPHY If I m~ght then move to the 15 tlas is all about, painful as ~t may be for all of us 15 next step if I could ask the Cotmcfl what was your 16 But there are some subdivisions out there that we all 16 discuss~on or thoughts about the architectural controlled 17 voted for m good conscience that we're real song? about 17 separated single car garage doors separated by masonry 18 at this point because we looked at what actually happened 18 colmnns that face the street? And, m fact, can we 19 from our good intentions down here and we ended up with 19 further that we actually stagger one of those car garage 20 something that will, at a certain point m the future, 20 doors at least a minlmmn of 12 to 18 inches from the other 21 become a blithe on the community And we just don't want 21 ones to again provide further architectural and shadow box 22 to get stung again ~s what ~t boils down to So that's 22 effect 23 why we're gomg to so much trouble It may be a m~serable 23 MRCOCHRAN Idldn'tqmteunderstand 24 experience for you, I'll grant you that, but it's not that 24 what you meant before Now, you've pamtxxl a boner 25 much fun for us either Let me tell you 25 p~cture of ~t here So that's the idea9 Page 94 Page 96 I MR MURPHY I understand I MR MURPHY These are featares that we 2 MR COCBR~N But I hoheve we can come to 2 find very cmmnon ~n upper end developments nowadays We 3 some sort of an a~eement here that would g~ve you the 3 find than anywhere you have lakes golf courses, creeks 4 ability, the right to have swing-entry garages but would 4 trees We have a lot of developments like that We have 5 not because what we're trying to prevent is a wall of 5 places where homeowners in our surveys have indicated they 6 front-entry garages qmte frankly That's the whole 6 had more desirable usage for the hack yards than the front 7 intention and that's what the 30 percent -- 33 percent ~s 7 yards If we put a swing garage on it, which we do that 8 what we're trying to avoid so you'll have a mm ~n there 8 forces the house, the majority of the t~me an adthBonal 9 MAYOR BROCK 1 think Our a~omey$ nl~ght 9 20 feet back rote the lot So that removes 20 foot of 10 have some suggestions 10 usable back yard and places it m the front We do ~t 11 MR PROUTY one thing that I would suggest 11 because we like the amh~tecmral effect But most 12 here, I don't see it in the ordinance but I think it may 12 homeowners would like to have the back yard be the largest 13 be a slight risk, but it's still out there But ~f for 13 pomon of thmr usable lot So we're -- that's one of 14 some reason someone challenged thls, provided we can come 14 the reasons we're not fond of h~gh percentage requlremeat 15 up with some language that you agree with, and fl~y were 15 for swing enmes 16 successful on this one particular point, what would help 16 But, again, the best th~ng we've come to m 17 is if we put in a severabthty clause in this ordinance 17 all of our years ns a true architecture controlled garage 18 stating that, you know, if that provision was found 18 door because we re just hke you we hate the in your face 19 invalid or any of these conthtions were found mvahd 19 garage doors You can go look at om' developments 20 that it would not affect the remainder of the orchnanea 20 flxroughout the State Houston here in Dallas Reckwall 21 That way you would you know, the Council needs to know 21 very high architectural standards, Rowlett Eastern Hills, 22 this, too, ff it was successfully challenged, then you'd 22 a 400-acre development we're proposing the same feature 23 fall back on what was in the original concept plan 23 MR COCHRAN Can you explain it a htlle 24 MR MURPHY lunderstaod And plense take 24 bit? I thmk l have an ldea of the type of you're talkmg 25 my conunents as not being anta- or lnflalmna~ry, I'm just 25 about Can you give us some more details? CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 93 - Page 96 CondenseltTM Page 97 Page 99 I MR MURPHY If your garage door faces the I item 2 street or if I can recall the specific language, I 2 MAYOR BROCK And including the 3 think d' a garage door faces the street, single car 3 severablhty clause 4 garage doors must he used and each ear door must be 4 MS BEASLEY I would offer a friendly 5 separated by masonry columns with at least oue of those 5 m~ench~aent to the mutton that -- because m your ongmal 6 garage doors recessed from the other two by a minimum of 6 motion you had the 33 percent -- 7 12 to 18 inches 7 MS KRISTOFERSON That's mine 8 MR COCHRAN suppose you have muma's car 8 MS BEASLEY But he made the mutton Is 9 and papa's car, right? 9 that what you had in there9 J0 MR MURPHY The pmblern we get into with 10 MR BURROUGHS That was the original 11 that strmt mtarpmtataon ts that people have suburbans 11 motion There was a friendly amendment to agree to the 12 and some wider vehicles and they have trouble uegotiatmg 12 ones that were acceptable It does not have the garage 13 the columns So what we do ~s we provide the ability to 13 element in it 14 have a ceaaam percentage of lots or homes not have that 14 MR COCHRAN The current motion does not 15 specific architecture requmaneat, therefore, gives those 15 MR BURROUGHS That's correct It has 16 people that have those larger vehicles the abthty to have 16 everything else 17 a lot and a house like that 17 MS BEASLEY Okay Well, then, could I 18 MAYOB BBOCK Hod 18 make a friendly amench~ent that we put front-facing 19 MR OURRANCB I Just had a quick quesBon 19 garages, attached or detached, cannot extend in front of 20 What's beang proposed ~s a 20-foot rear yard anyway If 20 the house So that just takes away the front Isn't that 21 you swing the garage around to the rear and use 20 feet 21 what you were saying, Mike, to do9 22 for the garage, does the garage go to the property hoe? 22 MR COCHRAN u'h huh Well, that's to 23 MR MURPHY Typically not What we do on 23 allow for swing and other things that would extend 24 J drive, you 11 actually sometimes work thc side of the 24 MS BEASLEY That allows for the swing 25 house where the garage ~s so you have less depth on that 25 garages Page 98 Page 100 1 side of the path, per se And then you bring it up and I MR PROUTY could we if it looks like 2 you exteBd the game room or the famdy room on the other 2 that's where you're going, what we might want to do to 3 side of tho house Typically we'll come in and we'll sot 3 follow that concept up is maybe take a five minute break 4 pads with a pad width, the nunLmmn pad width, the minimum 4 to let us and the planning staff get w~th tho developer's 5 pad depth And from that we'll start workaag with the 5 attoruey and sea if we can work out some language to come 6 bmlders to des~gu tho types of garages that we want in 6 back w~th you on 7 there, whether they're detached aaached, swings, J's, 7 MAYOR BROCK Could we go onto the next 8 archltectllm controls, or some other things that some of 8 item? Could we suspend this and go to the next ~tem? 9 the builders would hke to put in place 9 MR PROUTY why don't we let them work on [0 But a 20-foot rear yard, we deal with that 10 that and see if they can come back 11 a lot of places and we have J's that work nicely on 1 t MAYOR BROCK what IS the official 12 20 foot rear yards You don't maximize your - you just 12 procedures In our procedures'~ Before we vote on that -- 13 don't maximize the whole side of that pad on that side in 13 whhe we're still worlong on that motion we will go onto 14 particular where you have the garage at 14 a five minute break We wdl reconvene at 11 00 p :n 15 MS BEASLEY what's the motion that we 15 (BREAK TAKEN) 16 have on the floor? 16 MAYOR BROCK We are reconvened and are 17 MR BURROUOHS The motion at this momeat 17 again considering A4~enda Item No 4 which deals w~th 18 is for adoption with the two modifications that have been 18 zoning case Z 99 100 19 agreed upon and stated by the developer There are two 19 MR MURPHY Again Council, I appreciate 20 conthBons 20 your pat~eooe with us tonight to work through this We 21 MS KRISTOPEasON Regarding fencing and 21 have worked w~th staff and Councd to come up wxth 22 elevation varmtlons 22 hopefully what will be a solution that's acceptable It 23 MR BUllaOUOHS Right And I guess did I 23 does contain though a qualification And the 24 - I guess there's also included the condtuons by tho 124 quahfication is, basically, that thc modlficat~on to the 25 school district And we're sBll discussing the third 125 language to clarify that garages that extend in front of CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 97 - Page 100 CondenseltTM Page 101 Page 103 1 the homes are allowed if they do not face the sin:et If I MR MURPHY one clarification, if I could, 2 that ~s legally upholdabla m thc opinion of our joint 2 after advice from counsel Agmn, we need to make it 3 between our counsel and your counsel, then we're prepared 3 stated very clearly that this clause Is subject to the 4 to put some restncuons on the garages If aftra' flus 4 jomt confirmation of City's counsel and our counsel that 5 meeting that m~'pretaUon ~s not legally bmdable m the 5 ~t is legally enforceable and ~s not subject to somebody 6 joint oplmon, then any restncUons on the garages other 6 coining back to us and, basically, overturning the zoning 7 than what's in the zoning case need to be stricken from 7 or reopening the zoning or things of that nature 8 the detailed plan That's our proposal 8 MS KRISTOFERSON We've already put that 9 As far as the restncUons go, what we have 9 m there 10 provided for with Ma' Relchhart, and I'll let him briefly l0 MR MURPHY I JUSt want to restate that 11 state those and we'll see how this gees 11 that's a condition Again, it takes both parties to agree 12 MR REICHHART what we've said is that 33 12 to that 13 percent of attached garages in front of the house shall 13 MR COCHRAN SO m the morning if your 14 not face the street That allows for the swing garages, 14 counsel decides he doesn't like tho idea, then he goes 15 that 33 percent of all the houses would have sw~ng garages 15 back to square one 16 or something And the other conthtlon would be 16 MR MURPHY Our counsel will be meeting 17 front~facing attached or detached garages cannot extend in 17 with the C~ty's counsel to work through the legal 18 front of the house 50 percent of said garages shall be 18 rmmficatlons of it If they can both come to thc joint 19 recessed a lmmmum of 18 roches from the house 19 conclusion that it is legally affected, then we're fine 20 MS ~:alSTOVERSO~ could you read that 20 MR COCHRAN Okay, jointly Okay Got 21 again? 21 a 22 MB REICHBART xhe whole thing? Front 22 MAYOR BROCK Any more d~scussion of the 23 facing attached or detached garages cannot extend m front 23 motion9 All in favor please raise your right hand 24 of the house 50 percent of said garages shall be 24 Opposed Motion passes 25 recessed a minimum of 18 inches from the house 25 MR YOUNG I'd hke to make a motion to Page 102 Page 104 I MR MURPHY That's at least 50 percent I adjourn 2 MR REICHHART At least 50 percent 2 MR BURROUGHS Thank heaven 3 MS BEASLEY I make that a friendly 3 MAYOR BROCK Very well accepted We're 4 amendlllent to your motion, Mike 4 adjourned 5 MR BURROUGHS Yes, I would And with the 5 (END OF PROCEEDINGS) 6 stipulation that the entire clause ~s severable ~f it is 6 7 -- if any portion thereof ts set aside by ruling of a 7 8 court Is that the essence of what you were saying about 8 9 severablhty9 9 10 MS BEASLEY I said I would make that a 10 11 friendly amendment and he accepted it 11 12 MR BURROU6H$ Except that I'm adding the 12 13 part about the severabfltty In other words, these 13 14 modifications about garages are to be -- stand alone And 14 15 if any port,on of ,t is overturned by a court, the entire ! 5 ! 6 modification to garages is set aside, severable 16 17 MAYOR BROCK And who seconded your motion 17 18 originally? 18 19 MR BURROUGHS sandy 19 20 MS KR1STOFERSON l d~d 20 21 MAYOR BROCK SO do you accept that 21 22 modification9 22 23 MS KRISTOFERSON Yes 23 24 MR COCHRAN Gentlemen, would you like for 24 25 us to vote on th~s9 25 CITY COU~ICIL MEETING SEPTEMBER 12, 2000 Page 101 - Page 104 AGENDA INFORMATION SHEET I~ate_ t//)- [~" (/L~ AGENDA DATE. October 17, 2000 Questtons conccmxn8 thxs acqms~tlon may be dtrcctcd DEPARTMENT: Materials Management to Ed Hodney 349-8271 ACM. Kathy DuBose, Fxscal and Munic~pal Services ~ SUBJECT: An Ordinance authorizing the execution of a change order to the Interlocal Agreement for the Construction of Denton Branch Rail Trail between the Cxty of Denton and Texas Department of Transportatxon, providing for the increase m the scope of work and an increase m the payment amount, and providing an effective date (Ordinance 95-227 - Construetlun of Denton Paul Tr~ul, 20% of the projected cost of $435,000 or $87,000, plus Purchase Order 10492 for Change Order 1 m the amount of $70,894 49 for a total Cxty conmbutmn of $157,894 49) CHANGE ORDER INFORMATION: This change order m the amount of $70,894 49 is intended to cover anticipated cost for rewew and project overrate as stipulated In the original contract PRIOR ACTION/REVIEW: On May 2, 2000 Council reviewed and approved the recommendation of the 2000 Overslte Committee to utilize approximately $70,000 of the $400,000 available this year for community park acqmsmon be used to cover this addition Rml Trail cost RECOMMENDATION We recommend Purchase Order 10492 be approved to Texas Department of Transportation m the amount of $70,894 89 PRINICIPAL PLACE OF BUSINESS: Texas Department of Transportation Austin, TX ESTIMATED SCHEDULE OF PROJECT. This change order will begin in late October 2000 Agenda Information Sheet October 17, 2000 Page 2 FISCAL INFORMATION' Funds for this change order are available from 2000 CIP Parks account (478-031-LAND-0037- 9001) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchastng Agent Attachment 1 Purchase Order 10492 to Texas Department of Transportat~on Attachment 2 Price letter from Texas Department of Transportation Attachment 3 Ordinance 95-227 Attachment 4 Agenda Information Sheet dated May 2, 2000 1460 AGENDA PURCHASE ORDER NO 10492 ~ THIS IS A I XXX CONFIRMING ORDER I This ng~nber must appea~ On all (IF MARKED) ~nvo~ces dehvery slips cases and bdl~ DO NOT DUPLICATE boxes packing slips 10 06 O0 Page No 01 Data Bid No No CITY OF DENTON, TEXAS PURCHASING DIVISION I 901-B TEXAS STREET / DENTON. TEXAS 76201-4354 940/349-7100 DIFW Mt=IRO 8171267-0042 FAX 9401349-7302 VENDOR TEXAS DEPT. OF TRANSPORTATiONV~s,t the City of Dentons Webslte at wwwcltyofdenton.com NAME/ 2624 WEST PRAIRIE DELIVERY CONFIRMATION ONLY C04 ADDRESS A~SS PARKS & RECREATION DENTON Ti( 76201 321 E ECKINNEY DENTON, TX 76201 ~ NG TEX35009 DELIVERY QUOTED 10 20 00 ~ DESTINATION 8UY~9 TS TERMS 001 70894.890 $$ VENDOR CAT. # N / A NFG NAME 1.000 70,894.89 CITY # 9000 ANENDNENT OF INTERIOCAL AGREENENT FOR DENTON BRANCE TRAIL **PER ORDINANCE 95227, 00/07/1995 P%GE TOTAL : 70,894.89 GR%ND TOTAL : 70,894.89 01 478 031 LAND 0037 9001 70,894.89 Terms - Net 30 m.~.s o,,.r..,...,.c,l,o~) Shwpmg Instructl~[ FOB Destl~l~ ~e~d ~....~.~...~c,~,.~) N0 fe~r~ 0r s~e ~les mx s~ll be ~nclu~d P~ng D~wslon m prices bllle~ ATTACHMENT 2 Texas Department of Transportation 2624 W PRAIRIE · DENTON, TEXAS 76201-5117 (940) 387-1414 October 4, 2000 Control 0918-46-060 ProJect STP 94( 160)TE H~ghway VA County Denton Bob Tlckner Superintendent of Parks Cay of Denton 215 East McKmney Denton TX 76201 Dca~ M~ T~knel The attached Change Order ~s to account for the proposed changes as discussed m the letter we submated dated July 7 2000 The following is a summary of the funding changes $8 [ 597 00 Estimated Shortfall as per Letter dated July 7, 2000 ($35 802 03) Change Order Number 1 $25 099 92 Change Orde~ Number 2 $70,894 89 Emmated Shortfall to Date Please have the appropriate party s~gn the attached Fund,ng Agreement Information form and remit payment m the amount of $70,894 89 by October 16 2000 If we do not receive payment by th~s date, construction on th~s project wdl cease If you have any questions or need addmonal mformatton please contact Jeffrey LaQuey at (940)387-1414 Thank you Smcerely, Claud P Elsom III P E Area Engineer Attachment cc Mark Ross An Equal Oppor~untty Employer ATTACHMENT 3 ORDINANCE NO. ~ AN URDINANCS OF T~E CITY OF DENTON, TSXAM AUTHORIZIN(~ THE MAYOR TO TEXA~ DEPARTMENT OF T~SPORTATION FOR THE DESIGN TH~ CO~CIL OP TH~ CI~ OF DE~ON HEREBY ORDAINS ~ That the Mayor i~ he~mhy ~u~hnr~;.d to execute an Deps~tmmnt o~ T~anmpo~tat%on for the design and construction of the D.n~On Branch Rail/Traml Pro]ect, a cody of which Js attached hereto and incorporated by reference herein SECTION II. That the exDendlture of funds as provided in the a~tached ~nterlocal aqreement ms hereby authorized ~~ That this ordmnance shall become effective xmmediately upon its passage and PASSED ~D APPRO~D this the /' day ATTEST JE~IF~R WALTERS, cITY ~CRETARY AP DVKD A~ TO LEGIT, ~RM MIC~ ~L A ~OW~, ACTING CITY ATTO~EY ATTACHMENT 4 ~gencla Item AGENDA INFORMATION SHEET DEPARTMENT: P~ ~d R~/ A~: ~ve ~11 ~d ~ ~e ~ ~I T~I ~ ~e~le ~1 ~11 of ~,~ ~ a~o~ ~e con~ ~ obhga~es ~e C~ pay ~y of ~e to~ ~oject ~s~ mclu~g ~T ~,m~on ch~ges B~ ~ve ~ ~v~ ~d ~T ~ aw~ a ~n~ f~ ~om ~~ ~ ~ m 1~ ~ ~mat~, ~T's ~on to ~ a~lable ~g ~ ~ ~ $70,~ ~ ~I 26*, ~~ to ~e 2~ ~nd ~t ~mme~ ~,~ avmlable ~s y~ ~ ~mm~ ~k ~U~ ~ ~ ~1 T~ ~ ~ ~ ~H ~ ~ ~ out T~l~g~ ~ ~ ~ ~ll ~ av~able m ~2~01 ~e ~'s ~d ~ ma~ ~ ~h~ ~ E~bzt C ~s ~ Co~ m~ E~me Br~ J~k S~n, ~ Mor~ Sa~ ~d T~ Crouch ~ ~t ~ ~e O~ON~ * A~p, ove ~s ~mm~O~ g ~d~ by ~e ~t~t ~omm~ * ~ ~ to ~ o~ ~ m~ to ~mpl~e ~e ~j~ Ap~ove ~s r~omm~on ORDINANCE NO AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION OF DENTON BRANCH RAIL TRAIL BETWEEN THE CITY OF DENTON AND TEXAS DEPARTMENT OF TRANSPORTATION, PROVIDING FOR THE INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (ORDINANCE 95-227 - CONSTRUCTION OF DENTON RAIL TRAIL, 20% OF THE PROJECTED COST OF $435,000 OR $87,000, PLUS PURCHASE ORDER 10492 FOR CHANGE ORDER 1 IN THE AMOUNT OF $70,894 49 FOR A TOTAL CITY CONTRIBUTION OF $157,894 49) WHEREAS, on November 7, 1995 (Ordinance 95-227), the C~ty entered into an Interloeal Agreement w~th Texas Department of Transportation, In the amount of 20% of projected cost ($435,000) for design and construction of the Denton Branch Raft to Trail project m the amount of $87,000 (the "Interlocal Agreement"), and WHEREAS, the C~ty Manager hawng recommended to the Council that a change order be authorized to amend the Interlocal Agreement w~th regards to the scope of work and the,payment amount, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The change order ~ncreasmg the amount of the Interlocal Agreement between the Texas Department of Transportation on file m the office of the Purchasing Agent, m the amount of Seventy Thousand E~ght Hundred Ninety Four and 49/100 Dollars ($70,894 49), ~s hereby approved and the expenditure of funds therefor ~s hereby authorized The total Interlocal Agreement amount ~s amended to read $157,894 49 as the City of Denton's proportmnal share and the C~ty Manager ~s authorized to s~gn the change order on behalf of the C~ty SECTION 2 This 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 ~5%o~ ;~~^s~ o~ ~o~ o~^~.~ooo AGENDA INFORMATION SHEET AGENDA DATE. October 17, 2000 Questions concerning tlus acqms~tlon may be directed DEPARTMENT: Materials Management to Ed Hodney 349-8271 ACM. Kathy DuBose, Fiscal and Mumclpal Services SUBJECT: An Ordinance authorizing the execution of a change order to the Interlocal Agreement for the Construction of Denton Branch Rml Trml between the City of Denton and Texas DeparUnent of Transportation, providing for the increase in the scope of work and an increase in the payment amount, and promd, ng an effective date (Ordinance 95-227 - Construction of Denton Rad Trail, 20% of the projected cost of $435,000 or $87,000, plus Purchase Order 10492 for Change Order 1 m the amount 0£$70,894 49 for a total City contribution of $157,894 49) CHANGE ORDER INFORMATION This change order in the amount of $70,894 49 is ~ntended to cover anticipated cost for review and proj eot overslte as stipulated in the ongmal contract PRIOR ACTION/REVIEW' On May 2, 2000 Council rewewed and approved the recormuendataon of the 2000 Overslte Committee to utilize approximately $70,000 of the $400,000 avmlable this year for commumty park acqmslt~on be used to cover th~s additional Rml Trml cost RECOMMENDATION We recommend Purchase Order 10492 be approved to Texas Department of Transportation m the amount of $70,894 89 PRINICIpAL PLACE OF BUSINESS. Texas Department of Transportation Austin, TX ESTIMATED SCHEDULE OF PROJECT This change order will begin in late October 2000 Agenda Information Sheet October 17, 2000 Page 2 FISCAL ~NFORMATION Funds for this change order are available from 2000 CIP Parks account (478-031-LAND-0037- 9001) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 10492 to Texas Department of Transportation Attachment 2 Price letter from Texas Department of Transportation Attachment 3 Ordinance 95-227 Attachment 4 Agenda Information Sheet dated May 2, 2000 1460 AGENDA PURCHASE ORDER NO 10492 ~ T~IS IS A XXX] Th~s number must appear on all~ CONFIRMING ORDER invoices dehvery shps cases (IF MARKED) ctns boxes packing shps aad bdls DO NOT DUPLICATE ~ Date' 10 06 O0 Page No 01 ~ Rec~ No B~d No CITY OF DENTON, TEXAS " PURCHASING DfVIStON I 90t--B TEXAS STREET / DENTON, TEXAS 76201-4354 ~ 940/349-7100 DIFVV METRO 8171267-0042 FAX 940/349-7302 ENOOR TEXAS DEPT. OF TRANSPORTATiOtiV,s,t the City of Dentons Wet)site at W~nNcltyofdentor~com ~ME/ 2624 WEST PRAIRIE DELIVERY CONFIRMATION ONLY C04 ~BDRES$ ADDRESS PARKS & RECREATION DENTON TX 76201 321 E MCKINNE¥ DENTON, TX 76201 VENDOR NO TEX35009 DELIVERY QUOTED 10 20 00 F0B DESTINATION BUYER TS TERMS 001! 70894.890 $$ VENDOR CAT. # N / A MFG NAME 1.0001 70,894.89 CITY # 9000 AMENDMENT OF INTERIOCAL AGREEMENT FOR DENTON BRANCH TRAIL **PER ORDINANCE 95227, 00/07/1995 P ~GE TOTAL : 70,894.89 GR ~ND TOTAL : 70,894.89 01 478 031 LAND 0037 9001 70,894.89 Terms - Net 30 No federal or state ~les tax s~ll be mclude4 ATTACHMENT 2 Texas Department of Transportation 2624 W PRAIRIE · DENTON, TEXAS 76201-5117 (940) 387-1414 October 4 2000 Control 091.8-46 060 Project STP 94( 160)TE H~ghway VA County Denton Bob Tlckner Superintendent of Parks Cay of Denton 2 [ 5 East McKmney Denton TX 76201 Dcat Mt Tlukne~ The attached Change Order ts to account for the proposed changes as discussed ~n the letter we submitted dated July 7 2000 The following ~s a summary of the funding changes $81,597 00 Esttmated Shortfall as per Letter dated July 7, 2000 ($35 802 03) Change Order Numbm l $25,099 92 Change Order Numbe~ 2 $70 894 89 Estimated Shortfall to Date Please have the appropriate party sign the attached Funding Agreement Information form and remit payment m the amount of $70,894 89 by October 16, 2000 If we do not receive payment by thts date, constructmn on thru project wall cease If you have any questions or need additional ~nformatton please contact Jeffrey LaQuey at (940)387-1414 Thank you S~ncerely Claud P Elsom III P E A~ea Engineer Attachment cc Mark Ross An Equal Opportunity Employer ATTACHMENT 3 ORDINANCE NO ~-~ ~ URDINAI~C~ OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OP DENTON AND TIlE TEXAS DEPARTMENT OF TRANSPORTATION FOR TME DESIGN AND CONSTRUCTION OF THE DENTON B~ANCH RAIL/TRAIL PROJECT, AUTHORIZING TME EXPENDITURE OF FUNDS TIIEREFOR, AND PROVIDINC AN EFFECTIVE DATE COUNCIL OF THE CITY OF DENTON MEREBY ORDAINS ~ That the Mayor interlocal a~reem~nt hmtwm~ th~ Cl~y of D~nton and the Texas Depswtm~mt ~ Tranmpor~a~:on for the design and construction o~ the D~n~OM Branch Rall/Trazl Project, a copy of which is attached hereto and l~corporated by re~erence herein, SECTION II That the exDendzture of funds as provided in the attached ~nterlocal aqreement ~s hereby author£zed ~ Tha~ th~s ordinance shall become effective zmmediately upon zts passage and app~?~-al PASSED AND APPROVED this the /' day ot~~-~, 199b ATTEST JENNIFER WALTDRS, CITY SECRETARY APPROVED AB TO LEGAl, MICKAEL A R~CWK, ACTTNG CITY ATTORNEY ATTACHMENT 4 ~oe,da Item ~--~ ~ AGENDA ~O~TION SHEET AGg~A DATE: May 2, 2~ ~ Con~ider approval of a recommendatloll from the 2000 Oventght Comm,tt~e to ~ l~rkland acqmmt~on funds to cover ad&t~onal costs on the Denton Rml Tratl ProJect. In 1995, the City Council ~ov, oved an ord,.nnce (Exl~blt A) that authonzed the Mayor to ex~cute an agreement with the Texas Department of Trnn.,n;o~on (TXDOT) to fired and construct the Denton Rail Trml Tlus pedestrian/bicycle tnul will extend from I-hckory Street south to Burl Street m Corinth (Exl~int B) The agreement obhgated the City to pay 20°,4 ($87,000) of the total est]mated project cost of $435,000 In ad&t~ort, the contract also obhgates the City pay any expenses m excess of the total project costs, including TXDOT admm,-vtrat~on charges Bids have been rec~ved, and TXDOT hn· awarded a contract for constructmn. Whtle the to exceed avmlable fimdmg by up to $?0,000 On April 26th, staff proposed to the 2000 Bond Over~ght Comm,~ that $70,000 of the ~00,000 available flus year for commumty park acqmsmon be used to cover the adcht~onal Rail Trail costs These funds will then be reunbursed out of the $250,000 of Trmls/Lmakges bond funds that will be avmlable m FY2000-01 The comrmttee's agenda and backup materials are attached as Exlublt C A.Rer some thsousmon, the Overmght Comm,ttee unanimously recommended approval of staff's proposal Comrmttee members Eulme Brock, Jack Swanson, Fran Morgan, Greg Sawko and Tun Crouch were present at the meeting OPTIONS: · A~,F~ove S~l.ff'S rer. OmmendatlOIl, a~ endorsed by the Oversight Commffte~ · Dtrect staffto use other funding sources to complete the project. RKCOMMENDATION~ Approve staff's recommendation Agendardo, , Agenda item AGENDA INFORMATION SHEET ate /O- AGENDA DATE' October 17, 2000 Questions concermng this acqulsmon may be directed DEPARTMENT: Materials Management to Jerry Clark 349-8390 Barbara Ross 349-7235 ACM Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT: An Ordinance accepting competit~ve bids awarding a pubhc works contract for the construction of Amarillo Street Sidewalk, providing for the expenditure of funds therefore, and providing an effective date (Bid 2560 - Amarillo Street Sidewalk awarded to Seneca Contracting, in the amount of $22,237) BID INFORMATION: This bid is for a sidewalk construction project from Congress to Gregg on Amarillo, which consists of removal of concrete drives and walks and renovation of Amarillo Street sidewalks Including erosion control, sod and ramp replacement, and installation of 4" sidewalks and ramps The ramps that are being replaced are two ramps on the comer of Congress and Amarillo and two ramps on the comer of Amarillo and Gregg The ramps at Amarillo and Haynes and two at Amarillo and Anderson are being renovated The project location is from Congress to Gregg along Amarillo RECOMMENDATION. We recommend this b~d be awarded to the lowest responsible bidder, Seneca Contracting ~n the amount o£ $22,237 PRINICIPAL PLACE OF BUSINESS: Seneca Contracting Denton, TX ESTIMATED SCHEDULE OF PROJECT This construction project is scheduled for completion the last week of November 2000 FISCAL INFORMATION' This project will be funded from CBGD account (219-Q5K-CDK5-8502) Re~ct fully~sutl~itted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1457 AGENDA ATTACHMENT 1 TABULATION SHEET Bid # 2560 Date 9/14/00 AMARILLO STREET SIDEWALK No I Qty I DESCRIPTION VENDOR VENDOR VENDOR ~ ' o?~J Seneca Lands ' ~°~. Wh~zcon Ubht~es ~ ~, ~ ~'; ° Contracting Construction Principle Place of Business Denton, TX Denton, TX Arlington, TX TOTAL BASE BID $22,237 00 $34,618 80 $23,685 55 1 B,d Bond Yes Yes Yes ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF AMARILLO STREET SIDEWALK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2560 - AMARILLO STREET SIDEWALK AWARDED TO SENECA CONTRACTING, IN THE AMOUNT OF $22,237) WHEREAS, the City has sohmted, and received competitive sealed bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or Improvements described m the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS SECTION I That the following competitive sealed bid for the construction ofpubhc works or improvements, as described m the "Sealed Bid Invitations", or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2560 Seneca Contracting $ 22,237 SECTION II That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified m the Notice to Bidders including the timely execution of a written contract and furmstung of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary wntten contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specfficataons, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competmve sealed bxds and the executxon of contracts for the pubhc works and ~mprovements as authorized herexn, the C~ty Council hereby authorizes the expenditure of funds ~n the manner and xn the amount as specified xn such approved bxds and authorized contracts executed pursuant thereto SECTION V That thxs ordinance shall become effective ~mmedxately 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 2560 - Amarillo Sidewalk PUBLIC WORKS CONTRACTUAL ORDINANCE 10-00 Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE' October 17, 2000 Questmns concermng tMs acqmsmon may be d~rected DEPARTMENT. Materials Management to J~m Coulter 349-7194 ACM Kathy DuBose, Fiscal and Mumc~pal Serwces~'~ SUBJECT An Ordinance accepUng competmve b~ds and awarding a public works contract for the constmcUon of Graveyard Branch Interceptor Samtary Sewer Mare, prowdmg for the expenditure of funds therefore, and prowd~ng an effecuve date (Btd 2571 - Graveyard Branch Interceptor Sanitary Sewer Mmn awarded to S J Louis Construcuon of Texas Ltd L L P, ~n the amount of $2,302,537 22) BID INFORMATION The Graveyard Branch Interceptor will be apprommately 19,300 feet ~n length and travel generally ~n a northeast direction beginning at Crawford Road, along the Graveyard Branch of Hickory Creek, and d~scharge ~nto the Hickory Creek Interceptor at the ~ntersect~on of Country Club Road and Htckory Creek Road Th~s wastewater interceptor ~s a major component of the Ctty of Denton's Wastewater Collection System intended to serve the southwestern part of the C~ty and the CCN area The ~mpetus to fast track the design and construction of the Graveyard Branch Interceptor ~s provtded by the accelerating development ~n the Hwy 377 corridor The City of Denton has an agreement with the W~llow Lakes Development and the C~ty of Argyle for the design and construction of this major interceptor with cost partmtpatlon by the developer and the C~ty of Argyle, and to oversize the hne to serve future growth tn the corridor PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISIONS) The Public Utility Board (PUB) will review and consider this project on October 16, 2000 RECOMMENDATION. We recommend this b~d be awarded to the lowest responsible b~dder, S J Louis Constructmn of Texas Ltd L L P, m the amount of $2,302,537 22 PRINCIPAL PLACE OF BUSINESS: S J Louis Construction of Texas Ltd L L P Arhngton, TX Agenda Information Sheet October 17, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT Thts construction project ~s scheduled for completmn ~n 190 workdays or ~n July of 2001 FISCAL INFORMATION Th~s project will be funded by CIP funds account (690-086-RB00-Z103-9130) Respectfully submttted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet Attachment 2 Location Map 1458 Agenda ATTACHMENT 1 TABULATION SHEET Bid # 2571 Date 10/3/00 GRAVEYARD BRANCH INTERCEPTOR SANITARY SEWER MAIN No~ Descril~on ! VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR [' ~ o o~ °~w~ ~ Dlckerson Jackson Kenko, DBA, BCI Utility ~ ~ ~ ..... ~ M-CO Oscar Renda Pate Brothers S J Lou~s Ch'cie C Rodman ~:' ~ ^~ ~z ~:~. ~ ~!~×~ Construction ConslrucUon McGrand ConsUucUon Principle Place N R~chland Hills, Celma, TX Roanoke, TX Ft Worth, TX Kennedale, TX Arlington, TX Blame, MN Farmers Branch Ft Worth, TX Frisco, TX of Bus~ncss TX TOTAL $3,090,876 19 $4,522,464 04 $2,472,036 10 $2,723,732 40 $3,456,902 2~ $2,302,537 22 $2,88~,592 80 $3,215,762 00 $2,916,439 70 $2,595,269 69 BASE BID 1 INCLUDING $2,228,28724 $3,751,21197 $1,911,35635 $1,979,31490 $2,609,43140 $1,474,14437 $2,217,28680 $2,463,59600 $2,199,96445 $t,720,22710 ALT 1 2 BID BOND YES YES YES YES YES YES YES YES YES YES 3 All (3) YES YES YES YES YES YES YES YES ONLY I & 2 YES Addendums 4 l Graveyard Branch Sewer Line I SewerL, neRoute~ Exhibit I ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF GRAVEYARD BRANCH INTERCEPTOR SANITARY SEWER MAIN, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2571 - GRAVEYARD BRANCH INTERCEPTOR SANITARY SEWER MAIN AWARDED TO S J LOUIS CONSTRUCTION OF TEXAS LTD L L P, IN THE AMOUNT OF $2,302,537 22) WHEREAS, the Clty has sohctted, and received competxtxve sealed bxds for the constmctton of public works or xmpmvements m accordance with the procedures of STATE law and C~ty ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herean described bids are the lowest respondent for the construction of the pubhc works or improvements described m the bid ~nwtatlon, and plans and specfficat~ons there~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the followmg compet~tave sealed b~d for the constmctlon of pubhc works or improvements, as described in the "Sealed Bid Invltauons", or plans and spemficat~ons on file ~n the Office of the City's Purchasing Agent filed according to the bad number assigned hereto, are hereby accepted and approved as beang the lowest responsible bads BID NUMBER CONTRACTOR AMOUNT 2571 S J Louis Construction of Texas Ltd L L P $2,302,537 22 SECTION II That the acceptance and approval of the above competatlve sealed b~d shall not constitute a contract between the City and the person submitting the b~d for construction of such pubhc works or ~mprovements herean accepted and approved, until such person shall comply w~th all reqmrements specified m the Notice to Bidders including the t~mely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notfficatton of the award of the bid SECTION III That the C~ty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or ~mprovements m accordance wath the btds accepted and approved herein, provtded that such contracts are made m accordance wath the Notme to B~dders and Request for Sealed Bads, and documents relating thereto specifying the terms, conditions, plans and specfficat~ons, standards, quantities and specified sums contmned there~n SECTION IV That upon acceptance and approval of the above compet, tave sealed bids and the execution of contracts for the pubhe works and ~mprovements as authorized hereto, the C~ty Council hereby authorizes the expenditure of funds m the manner and ~n the amount as spec,fled m such approved b~ds and authorized contracts executed pursuant thereto SECTION V That flus ordinance shall become effect,ye ,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 2571 - GRAVEYARD BRANCH PUBLIC WORKS CONTRACTUAL ORDINANCE 10-00 ~,genda Item Date /0-/~/- ~ AGENDA INFORMATION SHEET AGENDA DATE: October 17, 2000 Questxons concerning th~s acqms]t~on may be d~rected DEPARTMENT' Materials Management to Gary Matheson 349-7961 ACM Kathy DuBose, Fiscal and Munlc~pal Servmes"~"~ SUBJECT' An Ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of pohce sedans, prowd~ng for the expendxture of funds therefore, and prowdmg an effective date (File 2574 - Interlocal Agreement for Pohce Sedans w~th Tarrant County, contract awarded to F~ve Star Ford m the amount of $223,140) INTERLOCAL AGREEMENT INFORMATION An Interlocal Agreement for Cooperative Purchasing was approved on June 16, 1998 w~th Tan'ant County allowing the C~ty of Denton to participate In Tan'ant County contracts for the supply o£ goods and servmes The C~ty of Denton joined a Metroplex Regional Coop for the purchase of Pohce Sedans headed by Tarrant County with the retention of poohng our buying power Eight counties, 34 e~t]es, one school d~stnct and one umvers]ty combined to purchase approximately 522 vehicles for the 2000-2001 contract B~ds were sohc~ted from 36 quahfied vendors and eleven responded During the 2000/01-budget development process the Pohce Department was authorized to replace ten pohce patrol sedans The ten umts are vehmle motor pool replacements for un]ts purchased ~n 1995 and 1996 The older umts will be reassigned to hghter duty or sold at pubhc auctmn PRIOR ACTION/REVIEW (Coune]l~ Boards~ Commissions): The C~ty Counml approved an Interlocal Agreement with Tan'ant County on June 16, 1998 (98- 175) Tan'ant County Commissioners Court approved the 2000/01 b~ds and awarded a contract to Five Star Ford on October 10, 2000 (B~d No 2001-001) RECOMMENDATION We recommend Purchase Order 10493 be approved to Five Star Ford in the amount of $223,140 Agenda Information Sheet October 17, 2000 Page 2 PRINCIPAL PLACE OF BUSINESS: Five Star Ford North Richland Halls, TX ESTIMATED SCHEDULE OF PROJECT The esumated dehvery of these pohce sedans ~s approximately February 15, 2001 FISCAL INFORMATION' Th~s acqmsmon wall be funded from Motor Pool account (720-025-0584-9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 10493 to F~ve Star Ford Attachment 2 Tabulation Sheet from Tarrant County (B~d 2001-001) Attachment 3 Price Sheet for Selected Options 1461 AGENDA PURCHASE ORDER NO' 10493 ~ THIS IS A J Th~s number must appear on all~ CON~RM'~ 0~D~RLXXX ~nvolces dehvery slips cases (IF MARKED) ctns boxes packing sl~ps and b~ils DO NOT DUPLICATE ~eo~ No B~d No 2574 Datec 10-9-00 Page No 01 CITY OF DENTON, TEXAS z PURCHASING DIVISION I 901-B TEXAS STREET I DENTON. TEXAS 76201-4354 9401349-7100 D/FVV IW:I~O 8171267-0042 FAX 940/349-7302 NO0~ Visit the City of Oenton's Webslte at ~rWwcltyofdento~com %ME/ FTVE STAR FORD DELIVERY CONFIRMATION ONLY ]DRESS 6618 NE Loop 820 A~E~ Fleet Department North Richland Hills, TX 805 Texas St Denton, TX 76201 VENDOR NO FIV49505 DELIVERY ~UOTED 10-30-00 FOB DESTINATION BUYER TS TERMS 01 10 E& ~NDOR CAT. # N~G N~ 195,640.00 195,640 00 C[~Y # 9100 Four Door Police Sedan with all white ~_nter[or / blue ~nter[or 02 10 r.? ~NDOR CAT # M~G N~E 1,300 00: 1,300 00 ODt[onal items as listed on attached 03 10 EA V~NDOR CA~ # N~G N.~I~ 14,5000 14,500 CT~¥ # 9100 E×tended w~ranty 5 yea~/75,000 ~les P;~GE TOTAL 223,140 00 G~D TOTAL 223,140.00 01 720 025 0584 9104 223,140 00 ;L:N~-~ 3 Terms - Net 30 ~u.l.== oth....~..,.=,~,.~) 1 ~ ~i~ m~tee w11~ d~ ~ 4 Shipping ms~uctlon[ FOB Destl~lon pr~ld luau..= o~a,~...~.c,t,.dl 2 Bd) to - ~ P~ 5 No federal or s~e ~les mx shall be mcluded 2~5 E ~m~ ~ m prices bdle~ Purc~ng D~v~s~on . ~ ~ ~t-4299 VEN~R-ORIGINAL THIS IS A I ~ PURCHASE ORDER NO 10493 CONFIRMING ORDER XXX Th,s number must appear on aU (~F MAJC{K~O) mvomes dehvery sl,ps cases ctns boxes packing slips and btlls DO NOT DUPLICATE ~ ~eq NO B~d No 2574 Datec 10-9-00 Page No 01C~' CITY OF DENTON, TEXAS z PURCHASING DIVISION / 901-B TEXAS STREET ! DENTON, TEXAS 76201-4364 940/349-7100 D/FVV MEqRO 817/267-0042 FAX 940/349-7302 ~ NDDR V,s,t the City of Denton's Webslte at wwwcltyofdenton*com %ME/ FIVE STAR FORD DELIVERY CONFIRMATION ONLY ]DRESS 6618 NE Loop 820 A~[~ESS Fleet Department North Richland Hills, TX 805 Texas St. Denton, TX 76201 VENDOR NO FIV49505 DELIVERY OUOTED 10-30-00 FOB DESTINATION BUYER TS TERMS 01 10 EA VENDOR CAT # MFG NAME 19,564.00 195,640 00 CITY # 9100 Four Door Police Sedan with all white interior / blue ~nterlor 02 10 LT VENDOR CAT # MFG NAME 1,300 00 1,300 00 Optional Items as l~sted on attached 03 10 !EA VENDOR CAT # MFG NAME 14,5000 14,500 CITY # 9100 Extended warranty 5 year/75,000 miles P %GE TOTAL 223,140 00 GRtND TOTAL 223,140 O0 01 720 025 0584 9104 223,140 00 20014)01 JOINT VENTURE/COOPERATIVE PURCHASE OF POLICE PACKAGE VEHICLES AWARD RECOMMENDATION ITEM 1, FIVE STAR FORD ~ 19,437 O0 BASE UNIT, PLUS OPTIONS AND DELIVER"V Ford Lawrence Texas Norths~le Ph~lpott L~nealn Marshall I~ll Utte~ Motors **Southwea Village Ford Ford Mercury Dealemh~p Ford Ford Rite ~ F~f(I t Ford Ford FulhSlzeVehlclewlthPollcePackage($pecA) 196273~ 1954900 19,92~CO 191790~ 1995600 2033500 ~,l~r,,M~, ~ 1943700 1958800 Available Op~on$ I Tim~ (Code 50t) 000 4300 00{~ 00~ 0CO 0CO g,~ 000 0CO 2 Wheel Covers (Code 645 4100 4300 300~ 890C 4000 270~ ..... ,2~,, ~ 2700 2600 3 Seats a Cloth Front Bucket/Cloth Rear (Code H) 0 00 0 CO Standard 162 CO 0 00 Standard ~ltlda~d 0 00 0 co b Cloth Front BuckeCJV~yl Rear (Code I) 60 00 62 0(] 65 0( 158 CO 57 CO 58 0~ ,, ~6,~ 58 00 5~ 0u c Cloth Spl(c Bench/Cloth Rear (Code P) 85CO 870~ 900C 180CO 7800 800C 7~1~ 8000 770u d Vinyl Sfll~t Bench/vinyl Rear (Code P) 0 00 -88 0~ 0 0C 102 0O 0 00 0 e Power D~ve~s Seat (Coae 21A) 32400 3230~ 3600( 37000 31100 3210C ~ 32100 310~ 4 Audio a Ele~o~., AM/FM Stemo~c~te (Code 58H) 17000 1130C 1850( 26500 16100 t650( b Rad~ Suppress=n Package (Code 53M) 63 00 66 0C 70 CO 262 CO 60 CO c Rad~oDelete AM/FMStereowtctock(Code58B) -89CO -2650( -8900 12900 -8900 -890( 5 2-Way Rad~ Pre-Wire (Code 946) 4100 3600 4500 4000 400~ 4000 16 Ant~Lock BraKing System (Code 552) 537 CO 513 CO 600 CO 834 00 517 !7 Aux~=ry Fuse Block (Code 417) 4700 4200 5~CO 14500 440~ 4500 4~1./~0 450~ 430~ J8 Courtesy Lamp Drsable (Code 478) 1400 000 150~ 4800 130( 1300 ,,~ 130~ 130C Decl(l~i Release on Doors & IP (Code 61H) 580(~ 4700 6000 54CO 550( 5400 61[~ 480C 520C 10 Fleor Covering Heavy-Duty Rubber (Code 127) 24 0~ 22 00 25 CO 83 CO 23 0c 23 00 2~r~l 23 0C 22 0C 11 FloorMats Front&Rear(Cocie12Y) 51~C 4800 5~00 47CO 4800 4900 a,-t~,~l 490C 470( 12 Keye~ Alike (Code 432) 37 0C 33 00 40 0~ 38 0D 35 00 35 0(] ~1 35 0C 34 13 Keyec~ Alike (Code 435) 370C 3200 400~ 3800 3500 3500 34,~1 350C 340£ 3500 .... 34,~ 350( 340( 14 Keye~ Alike (Cocie 436) 370( 3100 4000 3800 3500 15 Key'ecl Alike (Code 437) 37 0C 30 00 40 0(] 58 00 35 0(] 35 CO 16 Keye~ Alike (Code 438) 37 0( 31 00 40 0(] 38 0o 35 0(] 35 00 , , ~r{~, 35 0( 34 00~ 17 Keyecl Alike (Code 439) 370( 3200 400(] 380~ 3500 3500 34,~ 350( 3400 18 Lamp Pm-Wire Group (Code 476) 420( 4300 450~ 3800 4000 4000 19 Lateral Bow Reinforcement (Cocie 185} 640( 6000 7000 1590~ 6100 6200 ~ 67_00! 6000 2001-001 JOINT VENTURE/COOPERATIVE PURCHASE OF POLICE PACKAGE VEHICLES AWARD RECOMMENDATION ITEM 1, FIVE STAR FORD ~ 19,437 00 BASE UNIT, PLUS OPTIONS AND DELIVERY Ford Lawrence Texas Nor'ehs~le Phdpott Lincoln Marshall I~ll Utte~ Motors **Soutbwes Village Ford Ford Mercury Dealership Ford Ford F~re ~ FO~ t Ford Ford 20 I_~cense Plate Bracket (Code 153) 000 -400 Oix 000 000 0ix .... ~ 000 0OD 21 IJmrted ~p D~ferer~al (Co~e 45C) 8700 90OD 95ix 39200 8300 85ix I~ 8500 82.0~ 22 Molding Front Door Bodyslcte Insta~leci (Code 96C) 0 OD 0 OD 0 IX 0 00 O 00 0 IX ..... O~ 0 00 0 OD 23 Power Ad1 [!~bl~ Accelerator & Brake Pedals (Code 59( 10900 99OD 120IX 10500 10400 107IX ]~ 10700 103OD 24 Power W~ndows (Code 948) 1900 00~ 2000 14700 1800 18IX ......... ~1,~ 1800 17IX 25 Rear Door LockfHandiea Inoperative (Code 157) 1900 100~ 2000 4700 1800 180~ '1 ?J~) 1800 17IX 26 Roof Winng, Hole ~n Roof (Code 187) 7400 c=Six 8000 16900 70OD 71IX .... ,~,~ 7500 69IX ~27 Roof Winng, Ne Hole ~n Reof (Code 189) 5600 50IX 6000 15200 530~ 5400 ~ 55OD 5ZIX · ~ 28 *~!!~'n~eHoseav~thA~rcraftClamps(Code177) 271OD 271IX 3~0OD 28800 2590~ 267IX ...... ~ 2670~ 258IX ~o 29 Speed Control (Code 525) 19400 1880( 21500 28900 1860~ 191OD ¶BI~ 19500 18500! o 30 Spot Lamp Prep Package Drlve~sS~le(Code51B) 82.00 500( 9000 17800 79OD 8000 ..... TI,~I, 800~ 7700 31 Spot Lamp Prep Pec~3'' DualS~ie(Code51Z) 162OD 1130( 18000 25600 1560~ 16000 ~6~1~ 16OOD 15500 32. SpotLarnp Drlver'sS~e(Code§lA) 13724 15500 17000 19900 147ix 15100 ...... ~,,~L~D 151ix 14600 o 33 SpotLamp Dual (Code 51Y) 2743~ 28~00 34000 39800 29300! 302.00 292.~ 302ix 29200 o 34 Street ~e_~_mnce Group (Code 608) 187 0C 174 00 200 OD 272 0D 173 OD 178 00 17'Z~ 178 ix 172 00 o 35 Paint ~. a Two-Tone #1 (Code 952) 4ODIX 38100 45000 38700 38800 40100 ~17(~ 401ix 38700 o b Two-Tone #2 (Code 953) 405ix 38200 450OD 387OD 38800 40100 3~7~ 4010C 38700 c Twc-Tone #3 (Code 955) 405ix 36000 450OD 387OD 38800 40100 ~ 4010C 38700 d SpemalPamtOpt~n 59500 769OD 611 OD 61000 660.{~ 61000 36 W~re Pre Package (Code 170) 630~ 6000 7000 160OD 6100 6200 6¢Z~ 62.ix 6000 37 Heater Eng~eBIock(Code41H) 2400 800 2§00 220C 2300 2300 ..... 2~ 2300 2200 ~,~ 38 M=cellaneous :P a 4 6L Natural Gas Automatic OD (Code 99G/44U) 536100 349300 5 487 OD 3 974 0C 378600 N/A N/A 539900 530200 = b NGV Extended Range Tank (Code 65T) 314200 179700 32140~ 2,4410C 164~OD N/A , ~IA, , 319700 3,1060u O 0ODi N/A N/A N/A 000 00u L) c Cal~orma Emission System (Code 422) N/A 0 00 0 OD .~ 39 ~b!e Headhner w/Dual Beam Map Lamp (Code 5 000 0OD 0OD 00D 0OD OOD ...... ~1~ 000 00u ~ 40 Manuals ~ a Set of Shop and Sew=e Manuals 139C0 9500 1ODIX 4750D 14000 47500 ¶l~l.i~i~ 6000 25600 ~ b Set of Shop and Serv=e Manuals on CD-Rom 17900 23300 1ODIX 526OD 130000 19000 ...... ~,~ 1,22500 1850u 2001-001 JOINT VENTURE/COOPERATIVE PURCHASE OF POLICE PACKAGE VEHICLES AWARD RECOMMENDATION ITEM 1, FIVE STAR FORD ~ 19,437 00 BASE UNIT, PLUS OPTIONS AND DELIVERY Ford Law.rice Texas No~hs~e Ph~lpott L~ncoln Marshall B~II ~ Motors "Southwes Village Fo~d Ford Mercury Dealemh~p Ford Ford R'/e ~ Fen:l t Forcl Ford ~11 Bumpem a. Push Front Bumpers (Lectr~:Lf~e) 1794~ 17700 11900 33500 199~ NOBID .... ~6.7S 2070C 2250~ b Push Front Bumpers [Buddy Bumper) 15948 19800 13900 29900 1850C NOBID 2~[7~ 2570c 2250( c Push Frent Bumpem (Go Rhino 3036) 16437 18800 24000 38500 1790( 20000 .... '1E~.~l 1890C 1950( d push Front Bumpers (Go Rhino 5036W) 14657 31000 15400 52400 1690( 4~000 2~1~ 2890( *13000' 4Z Window Tint Standard 14500 1000~ 39600 1450( N/A ........ ~ 1000( 8900 43 Alternator (175 amp} 1250( 38500 24000 8260~ 55000 N/A ,~QI~ 6970~ 412_00 44 Load LeveelersorRearA~rShocks 3190( 17800 2500~ 3870~ N/A N/A ..... ~ 2170C 25000 C0 FcxclC~!F~cclCrowfl FordCrovm FcxdC~wnlFerdCrm~ FordCrown r-t~r~3.~t FordCrev~ FordCre~n · -* ~ake Model Victoria V'ic~a Victoria Victoria Vid=aa Victena ~,~ Vict~'m Victoria LO 90 Da~s 9~ Days 8 Wee~s 120 175 75-15~ 120 Days I~- 't~ $0 Days O Earl~'=st °°sslbla Dehvery ARC A_RO A. RO Days AR O 3ays A_R O ARC ~ A. RO 36 Months 3 Yrs 3 Yrs 3 Yrs 3 Yrs 3 Yrs 36 ;~ ~=.~ 3 Yrs 0 M~ies M ~'s Mdes Mites M~les ~les ~ M~les O Mulbple No Multiple, MuPpie, Mulbple Multiple o Extended Warranty 3 254 00 See Cost Extended See Cost See Cost See Cost Multlpte,c~st~eetSee See Cost "~ Sheet Warranty Sheet Sheet Sheet Sheet o These totals represent a cumulatJve total of the base D~J Bid Rejected '~ )lusailcpt~ons(excludtngopt~on~f38)anCdel~verychargas 3193273 2818400 33,5630~ 3944500 2983500 2974600 27~!i1~.~O Rescinded NoDelr~ery The price per vehicle will vary according to the options Dat~es chosen by each entrbj Instaliet=n >, C: "THE BID FROM SOUTHWEST FORD WAS RESCINDED o PAYTON WRIGHT FORD SUBMITTED A NO ATTACHMENT 3 BASE PRICE - 4 DOOR SEDAN $19,564 00 Police Pursuit Tires (501) $ N/C Cloth Front Bucket Seats/Vinyl Rear ( I ) $ 77 00 Power Driver Seat (2lA) $ 159 00 AM/FM Stereo/Cassette (58H) $ 159 00 Ra&o Nmse Suppression Package (53M) $ 60 00 Ant~ Lock Brake System (552) $ 516 00 Courtesy Lamp D~sable (478) $ 13 00 Floor Mats (Front and Rear) (124) $ 47 00 L~cense Plate Bracket (153) $ N/C Spot Lamp, Driver S~te (5 lA) $ 146 00 Removable Headliner wath dual map hght (513) $ N/C Power Window - Driver Control Only (948) $ 17 00 Wheels Covers (645) $ 26 00 Rear Door Locks and Handles Inoperative (157) $ 17 00 Auxlhary Fuse Box (417) $ 43 00 Dehvery $ 20 00 TOTAL $ 1,300 00 Total Cost per Vehicle $20,864 00 Extended Warranty - 5 Year 75,000 Miles $1,450 00 GRAND TOTAL $22,314 00 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TAR.KANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE SEDANS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2574 - INTER.LOCAL AGREEMENT FOR POLICE SEDANS WITH TARRANT COUNTY, CONTRACT AWARDED TO FIVE STAR FORD IN THE AMOUNT OF $223,140) WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has sohcited, received and tabulated compeUtave b~ds for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the Cxty of Denton, and WHEREAS, the Caty Manager or a desagnated employee has revaewed and recommended that the hereto described materials, equipment, supplies or servaces can be purchased by the City through the Tarrant County Cooperative Purchasang programs at less cost than the Cay would expend ff bidding these atems lndxwdually, and WHEREAS, the City Council has provided xn the City Budget for the appropnaUon of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted hereto, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS .SECTION I That the numbered items an the followxng numbered purchase order for materials, eqmpment, supplies, or services, shown in the "Purchase Orders" hsted hereon, and on file m the office of the Purchasing Agent are hereby accepted and approved as beang the lowest responsible bads for such items PURCHASE .ORDER VENDOR AMOUNT 10493 Fave Star Ford $223,140 SECTION II That by the acceptance and approval of the above numbered items set forth an the attached purchase orders, the City accepts the offer of the persons submattmg the bids to Tarrant County for such atems and agrees to purchase the materials, eqmpment, supphes or servmes m accordance with the terms, conditions, specfficauons, standards, quantities and for the specified sums contained in the bid documents and related documents filed with Tarrant County (Bad 2001-001), and the purchase orders issued by the Caty ~SECTION III That should the C~ty and persons submgt~ng approved and accepted ttems set forth m 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 Tarrant County, the City Manager or bas designated representative is hereby authorized to execute the written contract which shall be attached hereto, prowded that the written contract Is in accordance with the terms, conditions, specifications and standards contamed m the Proposal submitted to the Tan'ant County, quantities and specified sums contmned in the Cxty's purchase orders, and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered atems set forth m the attaehad purchase orders, the C~ty Council hereby authorizes the expenditure of funds therefor in the amount and in accordance w~th the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized here~n SECTION V That this ordinance shall become effecuve ~mmedmtely upon its passage and approval PASSED AND APPROVED this day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY File 2574 - INTERLOCAL COOPERATIVE PURCHASING ORDINANCE 10-00 Agenda Item ~ O'- Date /0- /~- 00 AGENDA INFORMATION SHEET AGENDA DATE. October 17, 2000 Questions concerning th~s acquisition may be d~rected DEPARTMENT. Materials Management to Alex Pett~t 349-8595 ACM Kathy DuBose, F~scal and Mumc~pal Services ~7 SUBJECT: An Ordinance awarding a contract for the purchase of materials supplies or services necessary for the maintenance of software as approved by the State of Texas General Services Commission Department of Information Resources (DIR), providing for the expenditure of funds therefore, and prowd~ng an effective date (Purchase Order 10008 to Texas Department of Information l~esources ~n the amount of $39,146 66) PURCHASE ORDER INFORMATION Purchase Order 10008 to Texas Department of Information Resources (DIR) ~s for the annual mmntenance of Novell Software Products used by the C~ty of Denton The quantities reflect the number of workstations ut~l~z~ng each Novell product The prices are from the State of Texas Master Lease Agreement RECOMMENDATION' We recommend Purchase Order 10008 ~ssued to Texas Department of Information Resources be approved ~n the amount of $39,146 66 PRINICIPAL PLACE OF BUSINESS' Texas Department of Information P. esources Austin, TX ESTIMATED SCHEDULE OF PROJECT The Usted software license maintenance projects are readily avmlable and w~ll be effective in September 1, 2000 FISCAL INFORMATION The NoveU Software Mmntenance wdl be funded from 2000-2001 budget account (770-044- 0080-8341 Agenda Information Sheet October 17, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 10008 to Texas Department oflnformat~onResources(DIR) Attachment 2 Quote for DIR 1455 AGENDA PURCHASE ORDER NO 10008 ~ THIS IS A I CONFIRMING ORDER Th~s number must appear on all~ (IF MARKED) invoices dehvery shps cases ctns boxes packing shps and bills DO NOT DUPLICATE Date 10 03 O0 Page No 01 Req No Bid No CITY OF DENTON, TEXAS PURCHASING DIVISION Y 90t-B TEXAS STREET / DENTON~ TEXAS 76201-4354 9401349-7100 D/FW METRO 817/267-0042 FAX 940/349-7302 ENDOR TEXAS DEPT. OF INEO. RESOURC]~j~s~t the City of Denton's Webslte at wwwcltyofdento~com AME/ TEXAS DEPT OF INFO. RESOURCES DELIVERY CENTRAL RECEIVING Sll DDRESS PO BOX 13564 ;~SS TECHNOLOGY SERVICES AUSTIN TX 78711 901 B TEXAS ST DENTON, TX 76201 VENDOR NO DEPll000 DELIVERY OLIOTED 10 31 O0 FO~ DESTINATION BUYER TS TERMS 001 600.000 EA VENDOR CAT. % N / A MFG NANE 23.440 14,064.00 CITY # 8300 NOVELL NETWARE NODE MAINTENANCE 002 600.000 EA VENDOR CAT. # N / A NFG NANE 17.710 10,626.00 CITY ~ 8300 ZENWORKS SERVER/DESKTOP BUNDLE NAINTENANCE 003 500.000 EA VENDOR CAT. # N / A EFG NAME 16.670 8,335.00 CITY # 8300 NOVELL GROOPWISE MAILBOX MAINTENANCE 004 100 000 EA VENDOR CAT. # N / A EFG NANE 3.650 365.00 CITY # 8300 NDS CORPORATE EDITION NAINTENANCE P~GE TOTAL : 33,390.00 PURCHASE ORDER NO 1ooo8 ~ THIS IS A CONFIRMIN6 ORDER This ncqnber must appel' on all~ (IF MARKED) mvo*ces dehvery slips cases ctns boxes packing shps and bills DO NOT DUPLICATE Req No B~d No Date 10 03 00 Page No 02 CITY OF DENTON, TEXAS PURCHASING DIVISION I 901-B TEXAS S'I~EET I DENTON, 'I~.XAS 76201-4354 9401349-7100 D/FW I~cI'RO 8171267-0042 FAX 9401349-7302 ENDOR TEXAS DEPT. Off INFO. RESOURC~S;t the C~ty of Dentons Webslte at wwwc~yofdento~com AME/ TEXAS DEPT OF INFO. RESOURCES [F~IV~¥ CENTRAL RECEIVING Sll DO'SS PO BOX 13564 $~]D~ESS TECHNOLOGY SERVICES AUSTIN TX 78711 901 B TEXAS ST DENTON, TX 76201 VENDOR NO DEPllO00 DELIVERY QUOTED 10 31 O0 FOB DESTINATION BUYER TS TERMS 005 500.000 EA VENDOR CAT. # N / A MFG NAME ?.810 3,905.00 CITY # 8300 NOVELL BORDER NANAGER ENTERPRISE EDITION MAINTENANCE 006 254.000 EA VENDOR CAT. % N / A NFG NANE 7.290 1,851.66 CITY # 8300 NOVELL NETWARE FOR SAA MAINTENANCE P[GE TOTAL =1 5,756.66 GR ND TOTAL : 39,146.66 O1 770 044 0080 8341 39,146.66 21{~ E, M,21<mrtgy St. In prices bdled. Denton, TX 75~0t~¢299 ATTACHI~ENT 2 , MLA Membership Form On File - Membership Number ' will be prowded upon renewal Texas Department of Information Resources Quote / Orderform DtR Date Stamp Department of Information Resources Quote to Cit7 of Denton Information Sewlces P O Box 13564 Bobble Cat,de ~ F'~ ~;h Austin Texas 78711 501 E Hlckory~ Suite A Order Phone 512 305 9713 Dentont TX 76205 Order Fax 512-475-4707 Phone 940-349 7758 Fax 940 349 8533 Order Phone 800 348-9167 Order Fax 800-41~-1218 DIR CTRL~ PO# RQ NO Quote # Extended Qty Part Number Desc~ptlon Co~t Pdce 600 ovell Ne[ware node Maintenance $23 4~ $14 064 00 500 ~ENWork~ Sewer/Desktop Bundle Maintenance $17 71 $10 626 00 500 qovell Greupwlae Mellbox Maintenance $16 67 $8 338 00 100 ~ qDS Corporate EdiUon Maintenance $3 6~ $365 00 500 Novell Border Manager Enterpflce EdRIon Melntenance $7 81 $3 905 100 Novell SFTIII Melrdena~e (not nace~m r,/if usln~ version beyond 4 2} n/~ 254 Novell Netware for SAA Maintenance $7 2~ $1 851 66 Pricing based on Renewel Melntenence for the State of Texas Novell MauterLInaneeAgreement Melnteneneeeoveragewlllbefrom · :,~.mtber Ir 2000 thmu;h Au~uat 31~ 2001 TOTAL ~R THIS ORDER Quoted By Software House International 800.870-S079 Date Quoted 8/1/00 SHI Sales Rep Darron Gross 8hip TO Invol=e To Phone ' Fax Phone Fex E MAIL Address bl~,tg · IR ~'e~,~l,e'o ~;) E,'t~/o~cJ~ilu~li~/~VerIfication of Recelpt of Order) ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS SUPPLIES OR SERVICES NECESSARY FOR THE MAINTENANCE OF SOFTWARE AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION DEPARTMENT OF INFORMATION RESOURCES (DIR), PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 10008 TO TEXAS DEPARTMENT OF INFORMATION RESOURCES IN THE AMOUNT OF $39,146 66) WHEREAS, pursuant to Resolutaon 92-019, the State Purchasing General Servaces Comrmssaon has sohmted, receaved and tabulated ¢ompetatave b~ds for the purchase of necessary matermls, eqmpmant, supphes or servmes m accordance w~th the procedures of state law on behalf of the C~ty of Denton, and WHEREAS, the Caty Manager or a destgnated employee has remewed and recommended that the herean described matermls, eqmpment, supphes or servaces can be purchased by the Caty through the General Services Commassmn programs at less cost than the Caty would expend ff b~ddmg these items md~vtdually, and WHEREAS, the Caty Cotmcd has prowded an the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supphes or servmes approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ttems tn the following numbered purchase order for materials, eqmpment, supphes, or servtces, shown m the "Purchase Orders" hsted hereon, and on file tn the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 10008 Texas Department of Informataon Resources $39,146 66 SECTION II That by the acceptance and approval of the above numbered aems set forth m the attached purchase orders, the Caty accepts the offer of the persons subrmttmg the bads to the General Services Commassaon for such atems and agrees to purchase the materials, eqmpment, supphes or servmes m accordance w~th the terms, cond~taons, spemficat~ons, standards, quantmes and for the specffied sums contmned m the b~d documents and related documents filed w~th the General Serwces Commission, and the purchase orders ~ssued by the C~ty SECTION III That should the City and persons submitting approved and accepted ttems set forth In the attached purchase orders w~sh to enter into a formal written agreement as a result of the Caty's rauficatton of btds awarded by the General Servmes Commtssaon, the Caty Manager or has desagnated representaUve as hereby authorized to execute the written contract Much shall be attached hereto, provided that the written contract ~s m accordance w~th the terms, condat~ons, specfficanons and standards contained m the Proposal submttted to the General Services Commasslon, quantttles and specffied sums contmned m the Ctty's purchase orders, and related documents hereto approved and accepted SECTION IV That by the acceptance and approval of the above numbered atems set forth an the attached purchase orders, the C~ty Council hereby authorizes the expendamre of funds therefor an the amount and tn accordance w~th the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That thas ordtnance shall become effectave ammedmtely upon ~ts passage and approval PASSED AND APPROVED th~s day of _, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PO 1008 - Texas Dept of Info Resources (QISV) CONTRACTUAL ORDINANCE l0 2000 Agenda No..J/.X/-.T. ZZ-.~C,~ ...... Agenda Item ,/-~ - Date_ /~ /~'/~ AGENDA INFORMATION SHEET AGENDA 'DATE: October 17, 2000 Questions concerning this acquisition may be directed DEPARTMENT' Materials Management to Alex Pettlt 349-8595 ACM' Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT' An Ordinance awarding a contract for the lease purchase of an Iframe Hardware Component and Integrated Server Software System as approved by the State of Texas General Services Commission through a Qualified Information Services Vendor (QISV) Catalogue, promdmg for the expenditure of funds therefore and providing an effective date (Purchase Order 10009 to Intelliware Systems, Inc in the amount of $47,832 for Payment I of 3 total expenditure of $143,496) PURCHASE ORDER INFORMATION' The attached purchase order is a request for the replacement of the existing mmnframe with a newer more advance technology namely an Iframe hardware component and an Integrated Server software component Substantial cost savings are possible by changing to this newer technology and are summarized below IBM Mainframe Yearly Operating Costs Hardware Maintenance Software Mmntenance Totals 100,991 $ 23,391 $ 87,000 Total Cost/Month $ 8,416 Iframe - Price Proposal Turnke' ~ Installation $143,496 - 3 yr Lease/Purchase Yearly Operating Costs Hardware Maintenance Software/Installation $ 47,832 $ 0 - Under Warranty $ 47,832 per year Total Cbst/Month $ 3,986 The total yearly savings would be approximately $ 53,160 Intelliware, Systems, Inc is a State of Texas (QISV) software/hardware systems provider (ID 41- 75-246-5189-400) and the prices reflected on the purchase order are lower than current QISV Catalogue pricing approved by the State of Texas General Services Commission RECOMMENDATION' We recommend the three-year lease purchase to be approved and that Purchase Order 10009 to IntelhwarelSystems, Inc be approved for payment 1 of 3 ~n the amount of $47,832 Agenda Information Sheet October 17, 2000 Page 2 PRINICIPAL PLACE OF BUSINESS: Intelliware Systems, Inc Arlington, TX ESTIMATED SCHEDULE OF PROJECT We anticipate delivery to be mid November of 2000 with full conversion by mid December 2000 FISCAL INFORMATION. Funding for payment 1 of 3 wall come from 2000 - 2001 budget account (770-044-0080-8341) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 10009 to Intelliware Systems Inc Attachment 2 Price Quotation from Intelliware Systems, Inc Attachment 3 QISV Certification 1456 AGENDA PURCHASE ORDER NO ].oo09 ~ THIS IS A CONFIRMII~ 0RDr=R This number must appea~ on all~ (IF MARKEO) ~nvo~ces delwery shps cases ctns. boxes packing sl~ps and bdls DO NOT DUPLICATE Req. No B~d No Date' 10 03 00 Page No 0]. c3 CITY OF DENTON, TEXAS PURCHASING DIVISION t 901-8 TEXAS STREET I DENTON, TEXAS 76201-4354 9401349-7100 DIFVV IWcmO 8171267-0042 FAX 940/349-7302 =--I~}0R INTELLIWARE SYSTEMS, INC. Visit t~e City of Denton's Webs~te at wwwc~tyofdento~com AME/ 4025 WOODLAND DARK BLVD D~LIVER¥ CENTRAL R~'.CEIVING Si]. DBRESS ADDI~SS TECHNOLOGY SERVICES ARLINGTON TX 76013 901 B TEX&S ST DENTON, TX '/6201 PATRICK NCDERMOTT VENBDR NO INT5350]. BELIVERY QUOTED 10 10 00 FOB DESTINATION BUYER TS TERMS 3011 47832.000 $$ VENDOR CAT. # N / A MEG NAM]-~: 1.000 47,832.00 CITY # 8300 I-¥RAME LEASE/PURCfIASB PAYMENT NUMBER 1 Of' 3 (MONTfILY LEASE PAYMENT Of' $3,986) GR ~ND TOTAL 47,832.00 01 7?0 044 0080 8341 4?,832.00 2 Bdl te ~ ACCOUntS Payable 5 No federal or state sales tax shall be included Purchasing Dlvas~on ~t~i E ~lLe~-K~flflqq~ St ~n prices billed Oe.~ 'IX 76201-4299 ATTACHMENT 2 ntellil /llr TM Mr John Durnell Systems Analyst C~ty of Denton 601 East H~ckory, Suite A Denton, Texas 76205 Dear Mr Dumell Please find enclosed IntelhWare Systems proposal for an tframe and turnkey services I trust you wdl find everyflung m order, as we have been as thorough as posmble in raspondmg to the C~ty's needs As one of the very few orgamzat~ons with the skalls necessary to ~mplement this project, and the only one focused on VSE solutions exclumvely, we look forward to working w~th the City of Denton m the very near future Sincerely, Patrick J McDermott Chent Relataonsh~p Manager 4025 Woodland Park Blvd Arlington, Texas 76013 817 277 0800 Fax 817 277 0899 I 800 4 VSEESA http//www mtelhware.com ¢ mall ~nfo(&mtelhware.com HARDWARE CONFIGURATION CITY OF DENTON tframe CONFIGURATION and QUOTE September 19, 2000 HARDWARE: (512 MB; 79GB Useable RAID-5 DASD; 6 Channels) IBM DESCRIPTION QTY UNIT PRICE PART # PRICE IFRXX08 tfi-ame 1 43,005 43,005 512 MB ECC memory, 256 MB S/390 Microprocessor, 5 PCI Slots, 2 Wide U2 SCSI Adapters, 250W H/W Power Supply, Video Adapter, System Management Processor, 6 H/S dave bays, High Performance RAID Adapter, edundant hot plug power supplies and fans, 19" lugh resolution IBM &splay, 3 year hmlted warranty (7x24, 4 hour response), SCO Umxware and FSI Flex software, Integrated Ethernet Adapter (10/I 00 Mbps), CD-ROM, 4 mm DAT, Mouse, Keyboard, 18 2 GB Disk Drives (45 GB Usable) 4 N/C N/C 33L3062 512 MB ECC 133MHz Memory RDIMM 1 2,245 2,245 37L7205 18 GB 10K RPM Ultra-160 SCSI HDD 2 659 1,318 FSI0001 FSI ICA commumcataons adapter, 6 ports 1 3,000 3,000 34L0601 PCI Token Pang Adapter 1 145 145 INTPROD Intel Pro Dual Port Ethernet Adapter 1 275 275 FSI0010 S/390 Parallel triple Channel Adapter 2 18,000 36,000 TOTAL HARDWARE PRICE $85,988 NOTES: · Applicable taxes are not included SOFTWARE CONFIGURATION CITY OF DENTON ~ame CONFIGURATION and QUOTE September 19, 2000 ;OFTWARE. PRODUCT DESCRIPTION NUMBER PRICE 5656-260 VSE/EREP N/C 5747-DS2 Device Support Facility N/C 5648-099 DITTO ESA 623 5648-054 CICS/TS 5,880 5686-065 VTAM V4 (Multl-Dommn Option) 3,425 5686-066 VSE/ESA Central Functions 9,615 5696-234 High Level Assembler 545 5686-094 Language Environment for VSE 720 5686-068 COBOL for VSE 1,500 5686-069 PL/I 1,500 TOTAL SOFTWARE PRICE $23,808 NOTE · Appheable taxes are not included · IBM software is one time charge and includes mmntenance via the IBM Support Center 800 number Migration Services IntelhWare anticipates that the rmgration w~ll take ten days (approximately 8 hours each day) to complete, including setup, uuUal configurataon at Intelliware Corporate location and post cutover support and trmmng The SSR wdl be assigned to the City of Denton full t~me dunng flus period Patrick J McDermott, as the Client Relations Manager, is responsxble for overall customer satisfactaon Pat vail work closely with the assigned SSR to ensure that all hardware and software is properly configured and ordered and that it is delivered in a t~mely manner to complete the project Total Cost of Services $12,000 PRICE PROPOSAL lframe Hardware and Sof~are $85,988 Integrated Sexver Maintenance (3 Year EMO) Included Integrated Server VSEfESA 2 5 Software $23,808 Installation Services (included in mlgrataon services below) Migration Service (80 Hours) $12,000 TOTAL COST $121,796 If you choose to use IBM GLOBAL FINANCING you can lease this system on a monthly 3-year lease contract at the end of wtuch you roll own the hardware and software Tlus is called an IPMA lease The following is the monthly payment amount and does not include taxes TOTAL COST/MONTH $3,986 (IGF Planning Rates) ATTACHMENT Jnt~lllwire 6y~G~T~, In= ~lln~fl, T~ ?e013 Re qlgV ~AP~ Vl~ ~r 8ir ~ Vendor (QI~. K · ~ ~ ~e app~ed ~ul and ~nt u~ ~ ~ ~mm~ ~P ....... f.. u~ ~ M.~ ~ ~ ~l mU~ ~ ~l~ ~mml~ (~O) ~ r~ ~'~ .... ~ G~ Pu~lng ~ .~ FoI~ ~ meet ~ ~ ~ '~' arid a~ O~ ~ , -- ..... oD ~h mn e~flu~ r~ de. Cna ~e ~t~me and ~Jue or greets pJ~ ~ ~ ellgl=18 e~, 1nm in~uv,, ,a ,~ ~verP e, a ~py mwn~ maa~ p~d~ ~ CPP in~g ~o ~ ~ the ~ I~r~ p~o is pa~ ~ ~e a~l~ ~ or I~ ~n~demd u~ ~ r ~n~nu~ au~Ms M~ ~e ~gmm and ~e ~ ~ T~s If you ne~ ~ ~Wct L Spool Pm~mm ~mlfll~ CM~lo~ue Pur~h~in~ Pm~mm JLS ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE PURCHASE OF AN IFRAME HARDWARE COMPONENT AND INTEGRATED SERVER SOFTWARE 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 10009 TO INTELLIWARE SYSTEMS, INC IN THE AMOUNT OF $47,832 FOR PAYMENT 1 OF 3 TOTAL EXPENDITURE OF $143,496) WHEREAS, pursuant to Resolutaon 92-019, the State Purchasing General Services Commission has sohc~ted, received and tabulated competitive bids for the purchase of necessary materials, eqmpment, supplies or services m accordance w~th the procedures of state law on behalf of the C~ty of Denton, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supphes or services can be purchased by the City through the General Services Commission programs at less cost than the C~ty would expend if bidding these items individually, and WHEREAS, the City Cotmcll has provided m the City Budget for the appropnauon of funds to be used for the purchase of the materials, eqmpmem, supphes or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered purchase order for materials, 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 10009 Intelliware Systems, Inc $47,832 SECTION II That by the acceptance and approval of the above numbered ttems set forth in the attached purchase orders, the C~ty accepts the offer of the persons submitting the b~ds to the General Scrwces Commission for such items and agrees to purchase the materials, eqmpment, supphes or services in accordance w~th the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed vnth the General Services Commission, and the purchase orders issued by the City SECTION III That should the Caty and persons submitting approved and accepted items set forth ~n the,attached purchase orders wash to enter into a formal written agreement as a result of the Cxty's rattficat~on of bids awarded by the General Services Commission, the Caty Manager or bas designated representatave ~s hereby authorized to execute the written contract wbach shall be attached hereto, provided that the written contract is ~n accordance wath the terms, condmons, spemficat~ons and standards contmned an the Proposal submatted to the General Services Commlssaon, quantmes and specffied sums contmned an the Ctty's purchase orders, and related documents herean approved and accepted SECTION IV That by the acceptance and approval ofthe above numbered ~tems set fortMn the attached purchase orders, the Caty Councd hereby authorizes the expenditure of funds therefor m the amount and in accordance wath the approved purchase orders or pursuant to a written contract made pursuant thereto as anthonzed herein SECTION V That th~s ordanance shall become effective immediately upon ~ts 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 PO 1009 - intelilware Systems (QISV) CONTRACTUAL ORDINANCE 10 2000 , aend Agenda Item / ~ AGENDA INFORMATION SHEET Date /t~-/']- ~)~) AGENDA DATE. October 17, 2000 Questions concerning ~s acqmsmon may be d~rected DEPARTMENT' Maten~s M~nten~cc to C~la Rommc 349-8344 ACM Ka~y DuBose, F~scal ~d M~mpal Sc~mcs ~ SUBJECT: An Ordinance provldmg of thc expenditure of funds for purchase of materials, supplies or services for the purpose of presenting the seven habits of highly effecttve people training which are available from only one source tn accordance with the provistons of State Law exempting such purchases from requirements of competmve bids, provtdlng an effective date (Purchase Order 10188 to Franklin Covey in the mount of $44,917) PURCHASE ORDER INFORMATION: The "Seven Habtts of Htghly Effective People" training was implemented in November of 1995 The 2000/01 budget of $44,917 will allow for approximately seven, three-day workshops, rune introduction workshops and the trmmng of approximately three hundred and forty City of Denton employees Thts ts a contmuatton of the five-year plan to extend this leadership training to all City of Denton employees RECOMMENDATION: This purchase order is for the acqmsltton of profiles, manuals and freight charge for the "Seven Habits of Effecttve People" leadership training This is a sole source purchase, available only from the Frankhn Covey and protected by copyright Purchases of this nature are exempt from the competitive btd process as per Chapter 252 of the Texas Local Government Code We recommend approval of Purchase Order 00271 to Frankhn Covey in the amount of $44,917 PRINCIPAL PLACE OF BUSINESS: Franklin Covey Provo, UT ESTIMATED SCHEDULE OF PROJECT' Training will be scheduled on a monthly basis wtth approximately 20 employees in each workshop and 25 employees in each introduction workshop Agenda Information Sheet October 17, 2000 Page 2 FISCAL INFORMATION: Funds for tlus trmmng are available in the 2000/01 budget accounts · 620-081-045M-8623 $10,000 · 625-082-0451M-8623 $10,000 · 624-024-080M-8623 $ 4,752 · 100-041-020M-8591 $20,165 TOTAL $44,917 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 10188 to Frankhn Covey 1459 AGENDA PURCHASE ORDER NO 10188 ~ ]}lis IS A This number must appea' on all~ CONFIRMING OROER invoices delivery slips cases (IF MARKED) ctns boxes packing slips mid bdls DC) NOT DUPLICATE Req No B~d No Date~ 10 06 O0 Page No 01 CITY OF DENTON, TEXAS pURCHASING DIVISION I 901-B TEXAS Sll;IF_ET I DENTON, TEXAS 76201-4354 9401349-7100 D/FW METRO 8171267-0042 FAX 9401349-7302 ENDOR FRANKLIN COVEY V~slt the City of Denton's Webslte at ~a~avc~tyofdonton.com AME/ P 0 BOX 19008 DELIVERY CENTRAL RECEIVING S12 ,DDRESS ADDRESS HUNAN RESOURCES (PERSONNEL) PROVO UT 84605-9925 901 B TEXAS ET DENTON TX 76201 ATTN.' CtIS'I'OMER EERVICE VENDOR NO COVl5000 DELIVERY QUOTED 10 30 O0 FOB DESTINATION BUYER DH TERMS 001 10000.000 $$ VENDOR CAT. # N / A MFG NANH 1.000 10,000.00 CITY # 8100 7 HAEITE MATERIAL 0021 10000.000 $$ VENDOR CAT. # N / A MEG NANE 1.000 10,000.00 CITY # 8100 7 HABITS MATERIAL 003 4752.000 $$ YEEDOR CAT. # N / A MFG NANE 1.000 4,752.00 CITY ~ 8100 7 HABITS MATERIAL 004 1500.000 $$ VENDOR CAT. # N / A MFS ~AEE 1.000 1,500.00 CITY # 8500 SHIPPIMG 005 18,665.000 $$ VENDOR CAT. # N / A MFG NAME 18,655.00 18,665.00 P~.GE TOTAL- I 44,917.00 GP~ .ND TOTAL 44,917.00 01 620 081 450M 8623 10,000.00 02 625 082 451M 8623 10,000.00 03 630 024 080M 8623 4,752.00 04 100 041 020M 8591 20,I65.00 ~ ~S~ 3 Terms - Net 30 ~t5 E, ~y St m puces bdled Purch~l~ Division ~fl~n, TX 76201-4~9 ORDINANCE NO AN ORDINANCE PROVIDING OF THE EXPENDITURE OF FUNDS FOR PURCHASE OF MATERIALS, SUPPLIES OR SERVICES FOR THE PURPOSE OF PRESENTING THE SEVEN HABITS OF HIGHLY EFFECTIVE PEOPLE TRAINING WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 10188 TO FRANKLIN COVEY IN THE AMOUNT OF $44,917) WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items that are only available from one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies, films, manuscripts or books, electnmty, gas, water and other utility purchases, captive replacement parts or components for equipment, and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials, need not be submitted to competitive bids, and WHEREAS, the City Council wishes to procure one or more of the items memloned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase of materials, equipment or supplies, as described m the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 10188 FRANKLIN COVEY $ 44,917 SECTION II That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department SECTION III That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to smd contracts is hereby authorized SECTION IV That this ordinance shall become effecnve ~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 HERBERT L PROUTY, CITY ATTORNEY BY 10188 - FRANKLIN COVEY SOLE SOURCE 00 ' AGENDA INFORMATION SHEET ~llenda Iten~,,i /-~ Date /~/.~' ~:) AGENDA DATE October 17, 2000 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Sharon Mays 349-8487 ACM Kathy DuBose, Fiscal and Mtunclpal Services ~ SUBJECT 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 hstcd cities and utilities providing energy transmission services to the City of Denton, and providing an effective date (Purchase Orders 10189 to Central and South West Services, Inc, Purchase Order 10190 to TXU Electric-Transmission Division, and Purchase Order 10191 to Lower Colorado River Authority, in thc total amount of $185,645 75 ) BID INFORMATION The three purchase orders reflect thc estimated cost of transmission of electrical energy from the generation source to the Denton Municipal Electric Distribution System for the year 2001 The purchase orders are for payment of a fee imposed by the Public Utility Commission of Texas (PUCT) for planned transmission services of energy delivered to the City of Denton The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new, statewide mechanism for electric transmission service in Texas PURA 95 also placed municipal utilities under the jurisdiction of PUCT for matters related to transmission As a result, the Denton Mumclpal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts The subject purchase orders provide the City of Denton the authority required by the City Charter to make those payments These purchase orders wdl encumber funds estimated as costs for services through September 30, 2001 No funds wall actually be spent until invoices are received, reviewed, and approved RECOMMENDATION' We recommend approval of Purchase Order 10189 to Central and South West Services, Inc in the mount of $44,208 00, Purchase Order 10190 to TXU Electric - Transmission Division in the amount of $108,128 75, Purchase Order 10191 to Lower Colorado River Authority in the amount of $33,309 00 for a total amount of $185,645 75 Agenda Information Sheet October 17, 2000 Page 2 PRINCIPAL PLACE OF BUSINESS: Lower Colorado Pdver Authority Central and South West Services, Inc Austin, TX Tulsa, OK TXU ElecU'm-Transm~ssmn D~ws~on Dallas, TX FISCAL INFORMATION: Funds to meet these regulatory fee obhgatlons were budgeted ~n a 2000-01-budget account (610-132-1032-5650-8587) The rate remmns unchanged from 1997-98 figures Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 PO 10189 - Central and South West Servmes $ 44,208 00 PO 10190 - TXU Electric - Transmtss~on D~v $108,128 75 PO 10191 - Lower Colorado R~ver Authority $ 33,309 00 1454 AGENDA PURCHASE ORDER NO 10189 ~CONFIRMINGTHIS IS ORDERA I I This number must appear on all (IF MARKED) ~> ~nvolces dehvery shps cases ~] ctns boxes packing shps and bdls DO NOT DUPLICATE ~ Req* No B~d No Date. 10 05 O0 pacje No O1 ~ CITY OF DENTON, TEXAS PURCHASING DtVtSK)N I 90t--B 'tT=XAS STREET t DENTON, TEXAS 76201-4354 940/349-7100 D/FW METRO 817/267-0042 FAX 9401349-7302 ENGOR CENTRAL AND SOUTH WEST Vaslt the Caty of Dent~s WebSlte at ~Cltyofdent~c~ JAM£/ SERVICES, INC. DELIVERY C/O CENTRAL RECEIVING S65 d]DRESS P.O. BOX 21928 A[][]RES$ NARKETING DIVISION TULSA OK 74121-1928 UTILITY DEPART){EMT 901-B TEXAS S DENTON TX 76201 VENDOR NO CEN48400 DELIVERY QUOTED 10 30 O0 FOB DESTINATION BUYER DR TERMS 001 44208.000 $$ VENDOR CAT. # ti / A ]{FG EAI{E 1.000 44,208.00 CITY {t 8500 OCT - DEC 2000 WHOLESALE TRAIiSNISSION P rGE TOTAL 44,208.00 GR ~ND TOTAL 4z~,208.00 O1 610 132 1032 5650 8587 4z~,208-00 Terms - Net 30 cu.,.., om ....... ...,h.d) ~n prices bdled PURC{'IASE ORDER NO' lOlgO ~ THI-q IS A I This number must appea~ on all~ CONFIRMING ORDER mnvo~ces delwery slips cases (IF MARY~D) ctns boxes packing shps and bdls DO NOT DUPLICATE Rec~ No B~d No Da~ 10 05 O0 PaGe No 01 C,TV OF DE TON. XAS PURCHASING DiVIS{ON / 901-B TEXAS STREET I DENTON TEXAS 76201-4354 940/349-7100 D/FVV METRO 817/267-0042 FAX 9401349-7302 /ENDOR TXU ~-LSC - TRANS{IlSSION DIV V*s~t the C,ty of Dentons Webs~te at wv~VCltyofd~ton, com ~AME/ D~.IVERY C/O CENTRAL RECEIVING S65 ~DDP, ESS PO BOX 910202 ADD~ESS MARKETING DIVISION DALLAS TX 75391-0202 UTILITY DSPARTI~8NT 901-B TEXAS S DgNTON TX 76201 VENDOR ND TEX95605 D~LIVERY OUDTED 10 30 O0 FOB DES?INATION BUYER DR TERMS 001 108128.750 $~ VSNDOR CAT. # N / A NFG NA{IE 1.000 108,128.75 CITY # 8500 OCT - DEC 2000 WHOLESALE TRANSI~IS*qlON P~GE TOTAL : 108,128.75 GRIND TOTAL : 108,128.75 O1 610 132 1032 5650 858? 108,128.75 PURCHASE ORDER NO 10191 ~ THIS IS A Th~s number must appear on all~ CONFIRMING ORDER invoices dehver¥ slips cases (IF MARKED) ctns boxes packing slips and bills DO NOT DUPLICATE Req No B~d No Dat~ ].0 06 O0 Page No 0'1 CITY OF DENTON, TEXAS PURCHASING DIVISION I 901-8 TEXAS STREET I DENTON. TEXAS 76201-4354 940/349-7100 D/FW t~=lHO 817/267-0042 FAX 940/349-7302 ENDDR LOWER COLORADO RIVER AUTHORI~i~s{t the C~ty of Demon's Webs{re at wwwc~tyofdenton, com lAME/ DEPT. #RBg08 DELIVERY C/O CENTRAL RECEIVING S65 ~DRESS P.O. BOX le, 9187 ADDRESS I~ARKBTING DIVISION AUSTIN TX 78'/89-123'~ U~ILIT~ DEPAR~EEN~ 901-B ~EX~,S S DENTON ~X '/6201 VENDDR NO LOWe, 9000 DELIVERY QUOTED 10 31 O0 FOI~ D~STIN:A~ION BUYER DR TERMS 001 33309.000 $$ VENDOR CbT. # N / A EI~G NAME 1o000 33,309.00 CI~¥ # 8500 OCT-DEC 2000 Nf]OLESAL~ TRANSMISSION P[GP. TOTAL .' 33,309.00 GR'.ND TOTAL =i 33,309.00 O1 610 132 1032 5650 858'/ 33,309.00 ...... 3 Terms - Net 30 ~ ~1~ g~ 4 Shipping ~n~ructlon~ P~le 5 No federal or stye sales ~x s~ll be included ~ $~ m prices b~lled Purc~mg D~v~s~on 76201-4299 ORDINANCE NO 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 DATE (PURCHASE ORDERS 10189 TO CENTRAL AND SOUTH WEST SERVICES, INC, PURCHASE ORDER 10190 TO TXU ELECTRIC-TRANSMISSION DIVISION, AND PURCHASE ORDER 10191 TO LOWER COLORADO RIVER AUTHORITY, IN THE TOTAL AMOUNT OF $185,645 75) WHEREAS, In order to comply with the legislative reqmrements contmned in the Public Utd~ty Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to three listed utdlties set forth m Exhibit "A" and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS SECTION I That the expenditure of funds in the amount of $185,645 75 to be prod to the L~sted Utilities in the specified amount shown on Exhibit "A", which ~s attached to and made a part of this ordinance for all purposes Is here authorized 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 HERBERT L PROUTY, CITY ATTORNEY BY FEE ORDINANCE PC 10189, 10190 10191 EXHIBIT "A" Purchase Order 10189- Central and South West Services, Inc. $ 44,208.00 Purchase Order 10190- TXU Electric-Transmission Division $108,128.75 Purchase Order 10191 - Lower Colorado River Authority $ 33,309.00 TOTAL $185,645.75 FEE ORDINANCE PC 10189 10190, 10191 Agenda Item / [~ Date , (D- fZ-O0. AGENDA INFORMATION SHEET AGENDA DATE. October 17, 2000 DEPARTMENT Management and Budget ACM Kathy DuBose. Assistant City Manager, F~scal and Mumc~pal Services ~ SUBJECT A resolution to declare the intent to reimburse expenditures from the unreserved retmned earmngs of the Motor Pool Fund w~th Certificates of Obhgat~on and prowd¢ an e£fect~ve date BACKGROUND The Motor Pool d~ws~on ~s requesting a reimbursement resolution m the amount of $1,500,000 The £unds wall be prowded by the Motor Pool Fund unreserved retmned earmngs and w~ll be reimbursed w~th certificates o£ obhgat~on sold ~n f~scal year 2000-2001 The purchase of fleet additions and replacements has been approved m the 2000-2001 Capttal Improvement Budget PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION Th~s resolution wall allow $1,500,000 from the Motor Pool unreserved retmned earmngs to be expended and subsequently reimbursed w~th certificate o£ obhgat~ons Respectfully submitted Asmstant D~rector of Management and Budget RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE MOTOREOOL FUND WITH CERTIFICATES OF OBLIGATION FOR PURCHASE EQUIPMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton (the "Issuer") 1s a mumcipal corporat~on/pohtlcal subdlwSlOn of the State of Texas, and WHEREAS, the issuer expects to pay expenditures for purchase of vehicles and eqmpment being fleet additions and replacements, whtch was approved m the 2000-2001 CIP Budget and is descnbed tn Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expendttures will be appropriate and consistent with the lawful obleetIves of the Issuer and, as such, chooses to declare its mtent~on, in accordance with the provisions of Sectton 1 150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of obhgatlons, with an aggregate maximum pnnmpal amount equal to $1,500,000 for the purpose of paymg the costs of the Project, as set forth In the attached Attachment "A", whmh is made a part of this Resolution for all purposes as if mcorporated word for word here~n SECTION 2 All costs to be reimbursed pursuant hereto will be for the purchase of fleet vehicles and eqmpment and/or construction of pubhc works as authorized by Section 271 045(a)(1) of the Texas Local Government Code No tax-exempt obligations will be issued by the Issuer m furtherance of thts resolution after a date which ts later than 18 months after the later of (1) the date the expenditures are prod, or (2) the date on which the property, with respect to which such expenditures are made, ~s placed in service That all amounts expended from the Unreserved Retmned Earmngs of the Motorpool Fund for the ProJect set forth ~n Attachment "A" to pay any costs of the Project shall be reimbursed from Certtficate of Obhgat~on bond proceeds w~thin the 2000-2001 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obligation will be ~ssued pursuant to thts resolution more than three years after the date any expenditure which is to be reimbursed ~s prod SECTION 4 This resolution shall become effective ~mmed~ately upon ItS passage and approval S \Our Documents\Resolut~ons\00\Reimburseraent Res Motorpoo[ Fund doe 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 2 ATTACHMENT A CIP PROJECT 2000-2001 Fleet Add~tlons/Replacements $1,500,000 Page 3 ^genda Item_ o.te. /f)_ AGENDA INFORMATION SHEET AGENDA DATE: October 17, 2000 DEPARTMENT. Management and Budget ACM. Kathy DuBose, Assistant City Manager, Fiscal and Mumcipal Services SUBJECT A resolution to declare the ~ntent to reimburse expenditures from the unreserved fund balance of the General Fund w~th Certificates of Obhgation and provide an effective date BACKGROUND The General Fund ~s requesting a reimbursement resolution in the amount of $2,940,000 The funds will be promded by the General Fund unreserved fund balance and will be reimbursed w~th certfficates of obhgatlon sold m fiscal year 2000-2001 The funds will be used to commence several projects approved ~n the 2000-2001 Capital Improvement Budget PRIOR ACTION/REVIEW {Council, Boards, Commissions) None FISCAL 1INFORMATION This res~lutmn will allow $2,940,000 from the General Fund unreserved fund balance to be expended and subsequently reimbursed with certificate of obligations Respectfully submitted ~m~~ Assxstant Director of Management and Budget RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT PROJECTS MORE FULLY DESCRIBED 1N THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton (the "Issuer") is a mun,c~pal corporatlon/poht, cal subdlwslon of the State of Texas, and WHEREAS, the issuer expects to pay expenditures for projects m conjunction w~th the Central Fire Station, the comprehensive Fac~hty Space Study, Miscellaneous Faclhty Renovat, ons, GIS Improvements, and the Long Range Technology Plan which were approved in the 2000-2001 CIF Budget and are described in Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intent, on, in accordance with the provisions of Section 1 150-2 Treasury Regulatmns, to reimburse ~tself for such payments at such t~me,as ~t issues the obligations to finance the ProJects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Issuer reasonably expects to ,ncur debt, as one or more series of obhgatlons, with an aggregate maximum pnnc~pal amount equal to $2,940,000 for the purpose of paying the costs of the ProJect, as set forth ~n the attached Attachment "A", whmh m made a part of this ReSolution for all purposes as ffmcorporated word for word herein St~CTION 2 All costs to be reimbursed pursuant hereto w~ll be for the purchase of fleet vehicles and eqmpment, payment of contractual obligations for professional services, and/or constructl0n of pubhc works as authorized by Section 271 045(a)(1) of the Texas Local Govemment Code No tax-exempt obhgat~ons will be ~ssued by the Issuer ~n furtherance ofth~s resolution after a date which ~s later than 18 months after the later of (1) the date the expenditures are prod, or (2) the date on wh, ch the property, w~th respect to which such expenditures are made, ~s placed m service That all amounts expended from the Unreserved Fund Bal0nce of the General Fund for the ProJect set forth in Attachment "A" to pay any costs of the ProJect shall be reimbursed from Certfficate of Obhgat~on bond proceeds within the 2000- 2001 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obhgat~on will be issued pursuant to thts resolution more than three years after the date any expenditure which is to be reimbursed is prod SECTION 4 Th~s resolution 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 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 3 ATTACHMENT A CIP PROJECT 2000- 2001 Comprehensive Faclhty Space Study 300,000 Miscellaneous Facility Renovations 393,000 Geographm Information System Improvements 200,000 Long-Range Technology Plan 2,000,000 Airport - Master Plan Update 12,000 Airport - Upgrade Entrance Sign 10,000 Parks - Swnnmmg Pool Cover 25,000 Total ~ Page 3 of 3 Ctty Attorney's Office i City of Denton, Texas 215 East McKmney Denton, Texas 76201 (940) 349-8333 CITY OF DENTON, TEXAS Fax (940) 382-7923 MEMORANDUM TO: Knstm Newman, Assistant Director of Management & Budget FROM Toni Reedy, Admunstratlve Secretary DATE. October 9, 2000 SUBJECT: Revised Reimbursement Resolution to Declare the Intent to Reimburse Expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation for Projects such as Faclhty Space Study, Mist Facility Renovations, GIS Improvements, Technology Plan, Airport Master Plan Update and Upgrade Entrance Sign and Parks Swimming Pool Cover Pursuant to your request received on October 9, 2000, I have attached a copy of the above- referenced resolution Please review the resolution for accuracy If same meets with your approval, please forward a copy to the City Secretary for placement on the agenda If you have any questions regarding this, please give me a call cdy ~ tr Attachment cc Michael W Jez, City Manager (memo only) "Ded,cated to Quaht!~ Serv,ce" , oerlda i o_ Agenda Item__ AGENDA INFORMATION SHEET AGENDA DATE. October 17, 2000 DEPARTMENT: Management and Budget ACM Kathy DuBose, Assistant C~ty Manager, F~scal and Municipal Services-~ SUBJECT A resolutxon to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with general obhgatlon bonds and provide an effective date BACKGROUND The General Fund is requesting a reimbursement resolution in the amount of $3,520,000 The funds will be provided by the General Fund unreserved fund balance and will be reimbursed with general obligation bonds sold in fiscal year 2000-2001 The funds will be used to commence several projects approved in the 2000-2001 Capital Improvement Budget PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL 'INFORMATION This resolutmn will allow $3,520,000 from the General Fund unreserved fund balance to be expended, and subsequently reimbursed with general obhgat]on bonds Respectfully submitted Assistant Director of Management and Budget RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS SO THAT PROJECTS MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton (the "Issuer") is a municipal corporatlon/polmcal subdivision of the State of Texas, and WHEREAS, the issuer expects to pay expenditures for projects in conjunction with the mrport, street improvements, and the north branch library which were approved in the 2000-2001 CIP Budget and are descnbed in Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropnate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the ProJects, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum pnnclpal amount equal to $3,520,000 for the purpose of paying the costs of the ProJect, as set forth in the attached Attachment "A", which is made a part of this Resolution for all purposes as if incorporated word for word here~n SECTION 2 All costs to be reimbursed pursuant hereto will be for the purchase of fleet vehicles and equipment, payment of contractual obligations for professional services, and/or construction of public works as authorized by Section 271 045(a)(1) of the Texas Local Government Code No tax-exempt obhgatlons will be issued by the Issuer in furtherance of this resolution after a date which is later than 18 months after the later of (1) the date the expenditures are prod, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service That all amounts expended from the Unreserved Fund Balance of the General Fund for the Project set forth in Attachment "A" to pay any costs of the Project shall be reimbursed from general obhgatlon bond proceeds within the 2000-2001 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obhgatlon will be issued pursuant to this resolution more than three years after the date any expenditure which is to be reimbursed is paid SECTION 4 This resolution 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 2 of 3 ATTACHMENT A CIP PROJECT 2000- 2001 Airport Control Tower 500,000 Land Acquisition - Airport Runway 220,000 Hickory Creek 200,000 U S 77 250,000 Mmcellaneous Paving 2,000,000 North Branch Library Design 350,000 Total $3.520.000 Page 3 of 3 Ctty Attorney's Office Ctty of Denton, Texas 215 East McKtnney Denton, Texas 76201 (940) 349-8333 CITY OF DENTON, TEXAS Fax (940) 382-7923 MEMORANDUM TO Knstln Newman, Assistant Director of Management & Budget FROM' Toni Reedy, Admlnlstrat~ve Secretary DATE: October 9, 2000 SUBJECT' Reimbursement Resolution to Declare the Intent to Reimburse Expenditures from the Unreserved Fund Balance of the General Fund w~th General Obhgatlon Bonds for ProJects such as A~rport Control Tower, Land Acqmsltlon-Alrport Runway, Hmkory Creek, U S 77, Mlsc Paving and North Branch Library Pursuant to your request received on October 9, 2000, I have attached a copy of the above- referenced resolution Please review the resolution for accuracy If same meets with your approval, please forward a copy to the C~ty Secretary for placement on the agenda If you have any questions regarding this, please give me a call Attachment cc Michael W Jez, City Manager (memo only) Aoenda Item' -' ..... AGENDA INFO~TION SHEET AGENDA DATE October 17, 2000 DEPARTMENT Commumty Development/Main Street ACM Daxad I-hll, Assistant C~ty Manager, Developmem Serwces _ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a lease agreement between the C~ty of Denton, Texas and David C Martmo for office space for the C~ty of Denton Mare Street Depa~nent located at 100 North Locust, State 2, authorizing the expenditure of funds therefore, and prowdmg an effective date Ttus Is the standard yearly lease for the Mmn Street Program offices The program has officed m flus budding since October1998 ESTIMATED SCHEDULE OF PRO~ECT The lease Is for the penod of November 1, 2000 through October 31, 2001 PRIOR ACTION/REVIeW The original lease was granted through the bid process FISCAL FORMA ION The total amount for the year will be $18, 912 Tlus amount has bean included m the Man Street department budget for 2000-2001 Ordinance Lease Respectfully submitted, % hf~ O~ecto, Commumty Development Department Prepared by./~ Juhe Glover, Mmn Street Manager ORDiNANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DAVID C MARTINO FOR OFFICE SPACE FOR THE CITY OF DENTON MAIN STREET DEPARTMENT LOCATED AT 100 NORTH LOCUST, SUITE 2, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAiNS SECTION 1 The City Manager is hereby anthonzed to execute a Lease Agreement between the City and David C Martrac for office space for the City of Denton Mmn Street Department located at 100 North Locust, Suite 2, in substantmlly the form of the Lease Agreement attached hereto and made a part of this ordinance for all purposes (the "Lease Agreement") SECTION 2 The City Manager is authorized to make the expenditures as set forth m the attached Lease Agreement SECTION 3 This ordinance shall become effective lmmedmtely upon ~ts passage and approval PASSED AND APPROVED tNs the day of _, 2000 EULiNE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB~~ ATTORNEY BY - ' /' / ~ S \Our Document~\Contracts\00'uMartmo Leaso Agreement doc LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DAVID C MARTINO PARTIES Ttus Lease is between the City of Denton, 215 E McKlnney, Denton, Texas, ("Lessee") and David C Martlno ("Lessor") to lease property located at 100 North Locust, Smte 2 ("Property"), Denton, Denton County, Texas II TERM. The lmtlal term ofthts Lease shall commence on the 1st day of November 2000 and end October 31, 2001 A new Lease Agreement must be signed by both parties 30 days before the end of the above term, unless written notice of termination is given by either party At the end of the lmtml term, Lessee has the right to renew this lease for an additional 12 months with the same terms and agreements w~th a 3% cost of living increase Notice of the renewal shall be given in the same manner as for the Move-Out Notice and Early Move-Out in Paragraph III of this lease III MOVE-OUT NOTICE AND EARLY MOVE-OUT. At least 30 days written notice of intent to move out must be given to Lessor In no event may Lessee's move-out notice terminate the Lease sooner than the end &the Lease term unless there is substantial malfunction of utilities or damages by water or fire, or similar cause as specified below under Section X, DAMAGES AND DESTRUCTION RENT. Lessee shall pay One Thousand Five Hundred Tta~gr Dollars ($~.,5~ 00) per month for rental, on or before the first day of each month (the due date) If all rent is not pa~d by the 3rd day of the month, Lessee agrees to pay an initial late charge of Twenty-five Dollars ($25 00) plus a late charge of $1 50 per day thereafter until prod in full Lessee agrees to pay a charge of Twenty-five Dollars ($25 00) for each returned check V CONDITION OF PREMISES. Property 1s expected to be in the same condition at the time of move-out as it was at the time of move-m, reasonable wear and tear made during occupancy, and improvements made prior to occupancy is excepted Lessee agrees to test smoke detectors before occupying the Property, and is responsible for notifying Lessor if smoke detectors are not functional throughout Lessee's occupancy Batteries for smoke detectors, AC filters, and light bulbs will be replaced at Lessee's expense VI. INSURANCE Lessor shall pay for fire and extended coverage on the Property VII LIABILITY. Lessor wall not be liable to Lessee or Lessee's guests for any damages or losses to person or property, ~ncludmg theft, burglary, assault, vandalism, or other crimes Lessor will not be liable to Lessee or guests for personal ~njury or for damage to or loss of their personal property from tim, flood, water leak, rmn, hml, me, snow, hghtmng, w~nd, explosion, ~ntermpt~on of utlhtles, or other occurrences unless the damages from these occurrences are attributable m any way to Lessor's negligence Lessor strongly recommends that Lessee secure xts own ~nsurance to protect against all of the above occurrences VIII REPAIRS AND MALFUNCTIONS Lessee agrees to request all repmrs and services in wntmg to Lessor, except ~n an emergency when a telephone call wall be accepted Workers shall have the right to temporarily turn off eqmpment and ~ntermpt utd~tles to perform repmrs or mmntenance which reqmre such interruption Lessor shall keep the foundatmn, the exterior walls, and the roof in good repmr except that Lessor shall not be mqmred to make any repmrs occasioned by the negligence of Lessee, ~t's employees, subtenants, licensees and concess~onmres Lessor wall make all repmrs w~th~n a reasonable time of Lessee's request IX DAMAGE AND DESTRUCTION. In case of malfunction of utdlhes or damage by fire, water or similar cause, Lessee shall notify Lessor ~mmedmtely The Lease shall continue and rent shall not abate dunng such periods, unless the damages are substantial If damages are substantial, Lessor or Lessee may terminate th~s Lease m writing In this case, rent shall be prorated and the balance and deposits refunded X REIMBURSEMENT Lessee shall promptly reimburse Lessor for any loss, property damage, or cost of repairs or servmes caused to the Property by neghgence or improper use by Lessee or guests Th~s ~ncludes damages to doors, w~ndows, or screens, repmr costs and damages from plumbing stoppages ~n hnes exclusively serving Property, and damages from windows or doors left open Lessor's fmlure or delay ~n demanding damage reimbursement, late-payment charges, returned checks or other sums due shall not be deemed a wmver, and Lessor may reqmre payment at any t~me Lessor may reqmre advance payment of repmrs for which Lessee ~s hable WltEN LESSOR MAY ENTER Lessor may enter Property when and if the rent ~s more than seven (7) days dehnquent XII. CLEANING. Upon move-out, the property must be cleaned thoroughly If Lessee falls to clean, reasonable charges to complete such cleaning shall be deducted XIII PERSONAL. Lessee's telephone number ~s EXECUTED th~s __ day of ,2000 MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERf~UTY, CITY ATTORNEY BY ~ ~ LESSOR C-MAI~INO, OWNER ^oenda No Aoenda Item - ..... Date [ ~)' /7 ' DO AGENDA INFORMATION SHEET AGENDA DATE October 17, 2000 DEPARTMENT Commumty Development/Mmn Street ACM David I-Ifil, Assistant City Manager, Development Services SUB4-ECT Consider approval of a resolution of the City of Denton, Texas, approving the ehg~bdity of the structure locate at 114-116 N Locust/115- l 17 N Austin, Denton, Texas, for tax abatement for bastoncally sigmficant roes pursuant to Chapter 10, article VII code of ordinances of the city of Denton, Texas, authorizing City Manager to execute a tax abatement certificate, and declaring an effective date On April 28, 1998, the Denton City Council passed orchnance #98-116 wluch amended Chapter 10 "Fmence and taxation" of the code of ordinances of the city Tlus ordinance added amcle VII wbach prowdes that the city may abate increases m the assessed value oftustoncally significant sites for tax purposes as a result of appropriate repmr and renovations m the downtown commercial chstnct of the city of Denton ESTIMATED SC~nULE OF PROJECT Completed PRIOR ACTION/REVIEW The Historic Landmark Commasslon has reviewed all records provided by Mr MarUno regarchng 114-116 N Locust/115 - 117 N Austin and has found that he has complied with the reqmrements set forth m ordinance #98-116 to receive smd tax abatement The I-hstonc Landmark Conumsslon rewewed prehnunary plans on October 11, 1999, and unammously endorsed this project (6-0) On July 10, 2000, the Denton Historic Landmark Comlmsmon reviewed the completed project and voted unammously (5-0) to recommend approval of tlus tax abatement to the Denton City Council FISCAL INFORMATION The pre-renovation value of 114-116 N Locust/115-117 N Austin is currently assessed on the tax roles at $129,249 The exact financial impact of the tax freeze is impossible to pre&ct However, for each $10,000 in increased value, the Cay would forego $52 81 annually EXItlBITS Resolution Apphcat~on for I-hstonc Structure Property Tax Abatement Copy of tax certificate Excerpt fi.om the mutes of the HLC meeting, October 11, 1999 Excerpt fi.om the mutes of the HLC meeting, July 10, 2000 Detail hstmg of expenditures Memo fi.om HLC to C~ty Council recommending approval of apphcat~on Respectfully subnutted Ln~da Rathff, D~rector ~ff Commumty Development D6partment ~Mam ~r~t~t Manager RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 114-116 NORTH LOCUST/115-117 NORTH AUSTIN, DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AUTHORIZING CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE, AND DECLARING AN EFFECTIVE DATE WHEREAS, the C~ty has a pohcy to grant a part~al tax exemptxon for h~stoncally s~gmficant s~tes as estabhshed by Chapter 10 "Finance and Taxatmn", Artmle VII of the Code of Ordinances of the C~ty of Denton, Texas, and WHEREAS, the property located at 114-116 North Locust/Il5-117 North Austin, Denton, Texas meets the reqmrements of a h~stoncally slgmficant s~te since ~t ~s a commercial or res~dentml structure, 50 years old or older, and is w~thln the boundaries of the Downtown Commercial District as defined in Sec 10-131 of the Code of Ordinances of the City of Denton, Texas, and WHEREAS, the owner has met all reqmrements for ehg~bd~ty for the tax exemptmn, and WHEREAS, the H~stoncal Landmark Comm~ssmn has unan, mously recommended the approval of the exemption at ~ts meeting of July 10, 2000, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SI~CTION1 That the structure located at 114-116 North Locust/Il5-117 Austin, Denton, Texas has met all the reqmremants of Chapter 10, Artmle VII of the Code of Ordinances of the C~ty of Denton, Texas as amended by Ordinance 98-116 and ~s ehg~ble for the tax exemption for historically s~gmficant sites SECTION 2 That the C~ty Manager ~s hereby authorized to execute a tax exemptmn certfficate upon verification of completmn of repmrs and renovation for the property located at 114-116 North Locust/115-117 Austin, Denton, Texas SECTION 3 The exemption shall only apply to the h~stonc structure and the land reasonably necessary for access to, and use thereof, by abating any ~ncrease ~n the assessed value for ad valorem tax purposes ~n excess of the assessed value of the property for the tax year ~mmed~ately prior to the renovation, for a period of ten years following the completmn of the renovation SECTION 4 That th~s resolutmn shall become effective ~mmed~ately upon ~ts passage and approval 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 F \shared\dcpt\LGL\Our Documents\Resolutions 00\htstonc structure tax exemptmn doc Page 2 ApphcatLon for It~storlc Structure Propert) Tax Abatement From the CiD of Denton, Texas (For property located x~ jthm the Downtown Commercial D~t_nct as provided for b~ mty ordinance 98-116 ) Property Address 114 & 116 ~otth Locust/ 115 & 117 hor2;h LegalDescriptton OT Denton, Bloc~ 7, Lot 2&3 O~-ner(s) CBCT Hart3. no I P (Dav~_d & Dean2_e ~[art~no) MadlngAddress 4974 Cht:~Sr:L lane Aubre~,, 2e'..as 76227-4095 940-387-8941 Phone Date of original construction of bmldmg 1913 Ta-..Yaluatton(effect~vep~lortostartdateofrehabthtaLtonpro. lcct). 71,829 F 57,420 = 5129,249 August 15,1999 Start date of rehabd~tatmn Esttmated complctma date Januar5 30, 2000 1 cem£y that i mn the legal owner of tho aforementioned prop err> ~te~ that the mformatmn hsted above ~s tr~e mid complete to the best of' my know, ledge I attest that this property meets the ehg~bd~t} reqmrements for an abatement of taxes as prosaded for b5 the Clt> of Denton Ordinance 98-116, as lotions 1 Thc proI:en3 Is located ~atlun thc b3undanes of the Central Busmes~ D~stnct 2 The propert> is at least 50 )car~ old, The eslmmtcd cost of the rckabLhtat~on lxoject ~xll CqLml or exceed 25% of the most recent ~ssessed ad ~ aluaUon o[' th~ smacturc or $20,000, ~duche~ er is less Roof rcpatr o- replacemem ma) comprise no more t?an 50% of lhe nununum titreshold araotmt nec~ssar) to quahf) for tax abatement, 4 A tax cerlLficate sho~n~g th.~t all ~es due upon the propcrt) ha~ e been prod ~s atta*d~ed to th~s apphcatmn. 5 A proposal hstmg all aspects of the planned rehabdtt2tmn ~nll be subrmned to the lq~stonc Presenatton Officcr for rexaen b> Denton l-hstonc Landmark Conzausslon for compalabthh x~nth t~e lh'ope~ Appearance Gmdelmcs I subm~! an a~reement for a Cernficat¢ of Appropriateness for ma) exterior mo4tficat~on.s 1o tl~e properb for the dumUon of thc period during v, tuch the I~;, abatement ~s tn effect, 6 I auda0rLze tile Ctto Manager or dastgnee I~hstone Landmr~rk Conmuss~oncrs and elected offic*als to mstt and mspZC[ the propen5 as n=edcd to complete thzs apphcat~on mid cerl~ficanon proccs~ as set forth m the ordinance JET MARY HOP/q, DE.PON COU1TIPf FEE 10 00 P O BOX 1249 DENTON, TX 76202 (940) 565-8655 * PROPERTY DESCRIPTION ACCT # R0032719 * 0 T DENTOn, BLOCK 7~ LOT 3(N25') * * G01,C05 * TOWN LOCATION- 114 N LOCUST * ACRES * LAND MKT VALUE 12300 IMPR/PEPS MKT VALUE 59529 LAND AGR VALUE P KT BEFORE EXENPTS 71829 ~ LIMITED TXBL VALUE ~ EXEMPTIONS GRA-NTED NONE * MARTINO CBCT LTD P/S 1112 DALLAS DR STE 402 DENTON TX 76205-5124 ~ I Mary Horn, Ta> Assessor/Collector for Denton County do h~lebv cer[lfv and otherwise guarante~ that the tax ]ev~es, penalties and a5torney ~ees due in the current ~onth for the above described ' property are as listed below LEVY P & I ATTY FEES AAI DUE TAKES 1999 00 00 00 00 00 00 00 00 TOTAL DUE 06/2000 00 ACCT t R0032719 TOTAL DUE 07/2000 00 ~ BREAKDOWN OF TAY DUE BY JURISDICTION * JURISDICTION TAXES PEN & INT ATTY FEES TOTAL* * DENTON COUNTY 00 00 00 00' * DENTON IND SCY DI 00 00 00 00' TAX LEVY FOR THE CURRENT ROLL YEAR 061 168 83 TAX LEVY FOR TFE CURRENT ROLL YEAR S05 1,221 09 TOTAL TAX LEVY FOR THE CURRENT ROLL YEAR 1,389 92 REQUESTED BY DAVID MARTINO 5!C{~JRE OF AUTHORIZED OFFICFR OF COLLECTING OFFICE JET FL~RY BORN, DENTON COUNTY FEE 10 00 P O BOX 1249 DENTON, TX 76202 (940) 565-8655 * PROPERTY DESCRIPTION ACCT # R0032721 * * O T DENTON, BLOCK 7, LOT 2 (S21'), 8/101 * * G01,C05 * TOWN LOCATION- 116 N LOCUST * ACRES ~ LAND MKT VALUE 10332 IMPR/PERS MKT VALUE 47088 * * LAND ~GR VALUE MKT BEFORE EXEMPTS 57420 * LIMITED TXBL VALUE * EXEMPTIONS GRANTED NONE 5ULR7INO CBCT LTD P/S 1112 DiaJLI21S DR STE 402 DENTON TX 76205-5124 h I Nary Horn, Tax Assessor/Collecto~ foA Denton County do erebv cez[lf~ and otherwise guazantee that the tax lev~es, penalties, and attorney zees due in the cuzrent month for the above described property are as listed belo~ LEVY P & I ATTY FEES AMT DUE TAXES 1999 00 00 00 00 00 00 00 00 TOTAL DUE 06~2000 O0 ACCT %~ R0032721 TOIAL DUE 07/2000 00 * BREAKDOWN OF TAX DUE BY JURISDICTION * * JURISDICTION TAXES PEN & INT ATTY FEES TOTAL* ~ DENTON COUNTY 00 00 00 00* * DENTON IND SCH DI 00 00 00 00' ******************************************************************** TAX LEVY FOR THE CURRENT ROLL YEAR 061 134 96 TAX LEVY FOR THE CURRENT ROLL YEAR S05 976 14 TOTAL TAX LEVY FOR THE CURRENT ROLL YEAR 1,111 10 REQUESTED BY DAVID MARTINO ~I~qATgPE OF AUTHO=IZED OFFICE~ OF COLLECTING OFFICE Clt~ of Denton Tax Celtlficate Collecting ~1 ax for (ta. ttng critics ti! nhlch Collecting Office hame City of Dellton .ro?er0 ts located) esent Mmhng Address 601 E Htckory, Suite F Ctty of Denton Phone (area code attd nttntber) C~t>, State, ZIP Code Denton, TX 76205-4305 (940)349-8318 0~ nel's N mit iPropert~ Account Number Step 1 R1CH ~\RD R CO\IPTON 032721 l'l C~ellt l~,l ~dmg Address (aumbet qll(l stl eeo Ov~ner's ~alll¢ and Adrh ess I> O BOX 238 Cllx,to~l~ o~ post olhce, state, ZIP code Phoue (area code 'md numbe0 D,_nton '1X 76202-0238 lh opel t', Desct ~l)t~on Step 2 O't DFN'ION, BI OCK 7, LO3 2 Desc,ibe the P~opmtx Step 3 l'h~s is to ce~ tif~ that, nlte~ a cat efuI check of thc tax ~eco~ ds of this office, the lollo~mg dehnquent taxes, penalties, and interest aie due oil the described inopeltx for the follo'~mg taxing unit(s) Dehnquent Ta',:es, Penalties, ltlld Dehnquent h e'er l)ehnquent ~1 axing Umt Interest Taxes I N/A C~ty of Denton $0 00 2 3 4 TOTAL $0 00 The abo~e-desct~bect piopeit'~ tax has/is rece~mg specml app~atsal b~sed on tls use~ and add~tmnal rollback taxes ma3 beconie due based on the ptoxis~ons of the special appraisal (If apphcable) Step 4 AIIt]IOl l/ed \uther i/cd Olttcet of Colltttmg Olfice Date of 'I ax Certificate Slgnatu,c llc, e (3,~ (;(, ,,.t. &J~ 6/15/00 C~t~ ol Denton Tax Cmt~ficate Collecting ~1 ax for (ta~tng ttttlt$ Itt nhtch Collecting Office 1Name City o£Del~toI1 pro, nerO ts located) "resent blaflmg Address 601 E Hickory, Suite F City of Denton Phone (area code attd number) CW,, State, ZIP Code Dctltoll, TX 76205-4305 (940)349-8318 O~ ne~ '~ h uae Propert) Account humber Step 1 RICHAt~_D R COMPTON 032719 Iq t ~ent Bi tlhllg Addt ess (uuntbet uud stt act) OV~llel ~S 1Nalne and Add,ess ?O BOX 238 C~t'., to~u o~ post olhc% stat% ZIP code Phone (area code and number) Denton, TX 76202-0238 Step 2 Pt ope~ t,, Desct q)tton O q DENTON, BLOCK 7, LOT 3 Descrfi)e the Propelts Step 3 this ~s to ce~tth that, aftel a caIeful check of the tax ~ecords of tilts office, tile lollonlng dehnquent taxes, penalties, and ~nterest ale due on the descl~bed p~opmt~ fol the follo~mg taxing hint(s) Dehnquent Taxes, Penaltms, and Delinquent Year Debuquent Taxing Umt Interest Taxes 1 N/A C~ty of Denton $0 00 2 3 4 TOTAL $0 00 'I he aboxe-desctlbed propert', tax has/is recenmg specml apprmsal b lscd on Its use, and additional rollback taxes ma~. become due I~secl on the l)lO',tS~OtlS O! tile specml apprmsal (I f apphcable) Step 4 Au tb O117ed st illol i/ud Oll~cel of (' ollccttng Off~ue Date of Tax Certificate S~gnattl~e llctc ~..:~ r,.9. __~ 6/15/00 Excerpt of M~nutes Hastoric Landmark Comm~ssmn October 11, 1999 The regular meeting of the Denton H~stonc Landmark Comrmss~on was held m the conference room of C~ty Hall West, 221 North Elm, on Monday, October 11, 1999, at 530pm Members present were Bob Montgomery, Peggy Norton, Peggy Capps, Barry Verrmlhon, Jim Yarkpatnck, and Lanelle Blanton Staff members present were Juhe Glover, Moan Street Manager, and Joyce Jeter Also attending were Ed&e Martin, Legal Department, Bob T~ckner, Parks Department, Jenmfer Walters, City Manager's Office, Charles Fenner, Planmng Department, David Martmo, downtown braiding owner, C~ty Councilman M~ke Cochran, and Mark Denton, Texas I-hstonc Commasslon VIH. Rewew renovation plans for 114-116 North Locust to determine ellg~bihty for tax abatement under Chapter 10, Article VH of the Finance and Taxation Code of the City of Denton and make a recommendation to Cnty Councd Davxd Martano was present to seek approval on an application for tax abatement on bas property located at 114-116 North Locust Dawd filled out the application and copies were maded to the Comnuss~oners prior to the meeting Howard Langner, the Moan Street Center arcbatect, has also rewewed the plans and made suggestions for tbas property The fimshed budding wdl have two retoal spaces and four to stx apartments Barry Vernulhon made a motion to recommend to C~ty Council that the property at 114- 116 North Locust ~s ehgtble for tax abatement under C~ty Ordinance #98-116 Bob Montgomery seconded the motion The motion passed unammously Excerpt of Minutes Historic Landmark Commission July 10, 2000 The regular meeting of the Denton I-hstonc Landmark Commasslon was held m the conference room on City Hall West, 221 North Elm, on Monday July 10, 2000 at 5 30 pm Members present were Peggy Capps, Mark Sandel, John Barnes, Peggy Norton, and Jim Karkpatnck Staff members present were Julle Glover, Mare Street Manager, and Joyce Jeter Aisc attending Beth Hudson, Denton Planmng department, V Rewew appheatlon for ltistone Structure Property Tax Abatement for 114-116 North Locust/liS-II? Austin and make recommendations to C~ty Courted The property located at 114-116 N Locust is newly renovated and is leased to Bochy's Bakery The back of the braiding ts 115-117 Austin St and consists of eight apartments David Martrac ts the owner of the building and is applying for tax abatement under ordinance #98-161 The prehmmary apphcation was approved m October Mark Sandel made the motion to recommend the Ctty Council to approve the tax abatement Peggy Norton seconded the motion The motion passed unammously Cash Flow Report 8/12/99 Through 5124/00 Page 1 8/i 2/99- Cate§ow Deecnpbon 5124100 INFLOWS Owner Prowded Funds 526 769 24 TOTAL INFLOWS 526 769 24 OUTFLOWS Constrtlctlon Appliances 18 108 35 Bath Parts 1 667 72 Builder Fee 48 135 00 Cabinets 24 530 00 City Fees 3 957 81 Cleaning 545 45 Electric 42 075 21 Eng~neenng 525 O0 Exterior EIFS 15 000 00 Fmlshwork 23,200 0O Fire Suppression 9 294 00 Flooring 13 564 70 Framing 99 662 91 GIass 2 645 26 HVAC 12O 68 Make-up 108 50 M~sc 123 40 Plumbing 68 497 51 Roofing 12 320 00 Sheetrock & Mai 54 500 00 Site Concrete 281 23 Trash 50 00 Windows & Mat 30 000 00 Woodworks 27,500 00 TOTAL Construcbon 496 412 73 Demohbon Dumpster 7 352 85 Mason 167 21 Others 104 21 Plumbing 966 79 Rentels 1 455 02 Roofing 6 225 00 We~d,ng & Metalwork 547 42 Demohtroq Other 16 262 67 TOTAL Demohtlon 33 0S1 17 Unsa'egonzed Ouff, o~,s 0 00 TOTAL OUTFLOWS 529 493 90 OVERALL TOTAL -2 724 66 MEMO To Mayor and members of the C~ty Council From Denton Htstonc Landmark Comrmsstoners Re Ittstone Structure Property Tax Abatement for 114-116 N Locust/115-117 N Austin On, July 10, 2000 the Denton I-hstonc Landmark Comrmss~on met and reviewed the Hmtonc Property Tax Abatement (ctty ordinance No 98-116) for the property located at 114-116 N Locust/115-117 N Austin, owned by Dawd Martmo Mr Martmo has satisfactorily met the ehg~b~hty reqmrements as stated m c~ty ordanance No 98-116 and the Denton I-hstone Landmark Cornnuss~on unammously endorses th~s apphcat~on Peggy HLC Cl~urperson AGENDA INFORMATION SHEET Dm_ /,{~ AGENDA, DATE: October 17, 2000 DEPARTMENT. Fire ACM Jori Fortune, 349-8535 SUBJECT Consider adoption of Ordtnance and approval of an Interlocal Ambulance Agreement between the City of Denton and the c~tms of Argyle, Krum, Ponder and Sanger BACKGROUND The Interlocal Agreements for Ambulance Service between the City of Denton and the cities of Argyle, Krum, Ponder and Sanger began in 1980 and provide for the continuation of emergency medical services to the small cities within our service area ESTIMATED SCHEDULE OF PROJECT (Not Applicable) PRIOR ACTION/REVIEW (Councfl~ Boards~ Comm~ssmns) Council has approved these agreements since 1980 The revisions being made to the 2000-2001 agreements from last year are ~' Per capita charge ~s increasing from $8 00 to $10 00 ~ Populations are based on the estimated January l, 2000, North Texas Council of Government figure FISCAL INFORMATION This will comprise approximately 10% of our total EMS Revenue for th~s fiscal year No other program or department is affected, however, without this agreement we would have to stop service to the small cities MAP (Not Apphcable) F~re Chief ORDINANCE NO AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Council of the C~ty of Denton hereby approves an Interlocal Agreemerlt for Ambulance Servme between the C~ty of Denton and the C~ty of Argyle, a copy of whmh m attached hereto and incorporated by reference here~n, and the Mayor, or in her absence the Mayor Pro Tern, ~s hereby authorized to execute smd Agreement on behalf of the C~ty SECTION 2 That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thxs the day of ., 2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE The City of Denton currently provides emergency medical services to the c~tizens of Denton The City of Argyle would like to contract with the C~ty of Denton to receive emergency medical services for ~ts c~t~zens Pursuant to Chapter 774 of the Tex Health and Safety Code (Vernon 1992) and the Inteflocal Cooperation Act, Tex Gov't Code Ann §791 001, et seq, (Vernon 1994), a c~ty may contract to prowde emergency medical services to the county or another c~ty WHEREAS, both the City of Denton and the City of Argyle have the authority to perform the services set forth ~n this Agreement ~ndlvldually and m accordance w~th Tex Gov't Code Ann §791 011(c)(2), and WHEREAS, the City of Argyle will make all payments for services out of avadable current revenues and the C~ty of Denton agrees that the payments made by the C~ty of Argyle hereunder will fairly compensate ~t for the services performed, NOW, THEREFORE, WITNESSETH A~r~ament Tins Agreement is made on the day of ,2000, between the C~ty of Denton, Texas ("Denton"), and the City of Argyle ("Argyle") The part,es agree as follows 1 Definitions ~merganc. y Medmal gervw, e~ or ]~. M.S. means personnel and ground transportation veincles used to respond to an ~ndlwdual's perceived need for ~mmedmte medtcal care and to prevent death or aggravation of physiological or psychological illness or ~njury 2 Denton to Provide EMS to Argyle Denton shall provide emergency medtcal serwces to Argyle m response to requests for emergency medical services in accordance w~th tins Agreement All requests for emergency medical services for persons residing m the corporate hm~ts of Argyle shall be communicated to Denton ~n the manner specified by Denton 3 Discretion ~n Prowdmg E M.S Argyle understands that Denton must also respond to requests for emergency medical services for persons ~n Denton and that Denton has other contracts to prowde emergency medical services to other entrees Denton shall have the sole right and d~seret~on, w~thout betng m breach of tins Agreement and w~thout habthty to Argyle, to determine (a) 'Whether or not to respond to a request for medical emergency service, (b) Whether and when personnel or eqmpment are avadable to respond to a request for emergency medical service, (c) The order is which to respond to a request for emergency medical servme, and (d) , The time in which to respond to a request for emergency medmal service 4. Service Fee In conslderatson for provl&ng emergency medical services to Argyle, Argyle agrees to pay to Denton the sum of $22,500 00 for fiscal year 2000-2001 based on a population ,of 2,250 mult]phed by $10 00 The population figure used is contmned ]n the latest edition of the North Central Texas Councd of Governments estimate for Januaw 1, 2000 The annual pay[nent shall be prod to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1 Denton may, after giving prior notice, suspend service to Argyle dunng any period of tmae Argyle is dehnquent in the payment of any undisputed service fee 5 Pat]eat Charges In addition to the service fee prod by Argyle, Denton may charge and collect from persons provided emergency medical services, the patient fees established by nance of Denton 6 Governmental Immunity Not Waived Neither Denton nor Argyle waaves, nor shall be deemedlhereby to wmve, any lmmumty or defense that would otherwise be avmlable to it agmnst clatms made or arising fi:om any act or omission resulting from ttus Agreement 7. Term The term of this Agreement shall be In one-year increments, begmmng on October 1,! 2000 and contmmng to September 30 of the following year and thereafter f~om year to year until terminated in accordance with this Agreement 8. )?erminatlou; Default Either party may terminate flus Agreement at any time without cause by gavmg 90 days advance notice in writing to the other, spemfy]ng the date of termination If either porrty breaches a provision of flus Agreement, the other party shall g~ve the defaulting party written notme of the default Should the defaulting party fall to correct the default w]thtn flurty days of th~ date notice of default is sent, the other party may declare the Agreement terminated Argyle shall be hable to Denton pm rata for the payment of emergency medmal services provided up to the date of tennmat]on 9. i Notices All notices sent under flus Agreement shall be marled, postage prepaid, to the respectlveladdresses, as follows To l~entnn Tn Argyle City Manager Mayor City of Denton City of Argyle 215~E McKanney P O Box 609 Detlton, Toxas 76201 Argyle, Texas 76226 Page 2 of 4 10 Agreement Not for Benefit of Third Parties This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party 11 Assignment Neither party shall assign this Agreement except upon the pnor written consent of the other 12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas Th~s Agreement shall be construed in accordance with the laws of the State of Texas EXECUTED on the day of ., 2000 CITY OF DENTON, TEXAS BY EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF ARGYLE Page 3 of 4 Page 4 of 4 ORDINANCE NO AN ORDINANCE APPROVING AN 1NTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Cotmc~l of the C~ty of Denton hereby approves an Interlocal Agreement for Ambulance Servme between the C~ty of Denton and the C~ty of Kmm, a copy of wluch is attached hereto and incorporated by reference hereto, and the Mayor, or m her absence the Mayor Pro Tem, ~s hereby anthonzed to execute smd Agreement on behalf of the Cxty SECTION 2 That tins ordinance shall become effective lmmedmtely upon ~ts passage and approval PASSED AND APPROVED this the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM The C~ty of Denton currently prowdes emergency medmal serwces to the citizens of Denton The C~ty of Kmm would hke to contract w~th the C~ty of Denton to receive emergency medmal services for ~ts c~t~zens Pursuant to Chapter 774 of the Tex Health and Safety Code (Vernon 1992) and the Interlocal Cooperation Act, Tcx Gov't Code Ann §791 001, et seq, (Vernon 1994), a city may contract to provide emergency medical servmes to the county or another c~ty WHEREAS, both the City of Denton and the C~ty of Kmm have the authority to perform the services set forth mttus Agreement md~wdually and m accordance w~th Tex Gov't Code Ann §791 011(c)(2), and WHEREAS, the C~ty of Krum wall make all payments for services out of available current revenues and the C~ty of Denton agrees that the payments made by the C~ty of Kmm hereunder will fmrly compensate ~t for the servmes performed, NOW, THEREFORE, WlTNESSETH Agreement Tins Agreement ~s made on the __ day of _, 2000, between the C~ty of Denton, Texas ("Denton"), and the City ofKmm ("Kmm") The part,es agree as follows 1 Definitions Emergency Medmal ,qervmea or F~.M.,q. means personnel and ground transpol~atlon velucles used to respond to an ~nd~xqdual's perceived need for unmed~ate medical care and to prevent death or aggravation of physiological or psychological ~llness or ~njmy 2. Denton to Provide EMS to Krum. Denton shall prowde emergency mechcal servmes to Krum m response to requests for emergency medmal services m accordance w~th tlus Agreement All requests for emergency medical services for persons residing ~n the corporate limits of Khan shall be commumcated to Denton ~n the manner specified by Denton 3. Discretion in Prowdmg E M S Krum understands that Denton must also respond to requests for emergency medmal serwces for persons m Denton and that Denton has other contracts to provide emergency medical serwces to other ent~t~es Denton shall have the sole right and d~seretaun, w~thout being m breach of th~s Agreement and w~thout habthty to Krum, to determine: (a) Whether or not to respond to a request for medmal emergency service, (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service, (c) The order ~s winch to respond to a request for emergency methcal service, and (d) The time m winch to respond to a request for emergency medical sermee 4 Service Fee In consideration for providing emergency medical services to Kmm, Krum agrees to pay to Denton an annual stun of $20,000 for fiscal year 2000-2001 based on a populatton of 2,000 multiplied by $10 00 The population figure used IS contmned in the latest edition of the North Central Texas Conncfl of Governments estnnate for January l, 2000 The annual payment shall be pa~d to Denton m equal quarterly payments on or before October l, January l, April l, and July l, of each annual term Denton may, after giving prior notice, suspend serwce to Kmm dunng any period of time Kmm as dehnquent ~n the payment of any undisputed service fee 5 Patient Charges In addmon to the service fee prod by Kmm, Denton may charge and collect fi.om persons provided emergency medical services, the patient fees established by ordi- nance of Denton 6. Governmental Immunity Not Waived Neither Denton nor Krum waives, nor shall be deemed hereby to wmve, any Immumty or defense that would otherwise be avatlable to it agmnst chums made or arising fi.om any act or omission resulting fi.om tins Agreement 7 Term The term of tins Agreement shall be in one-year ~ncrements, begmmng on October l, 2000 and continuing to September 30 of the following year and thereafter fi.om year to year until tonmnated ~n accordance with tins Agreement 8 Termination; Default Either party may terminate tins Agreement at any txme without cause by giving 90 days advance notme in writing to the other, specifying the date of termination If e~ther party breaches a provision of tins Agreement, the other party shall give the defaulting party written notice of the default Should the defaulting party fml to correct the default w~tinn tinrty days of the date notxce of default is sent, the other party may declare the Agreement terminated Krum shall be liable to Denton pro rata for the payment of emergency medical serwces provided up to the date oftenmnatlon 9 Not~ees All notices sent under tins Agreement shall be mmled, postage prepaid, to the respective addresses, as follows To l~antan To Kr.m City Manager Mayor City of Denton C~ty of Krum 215 E McK~nney P O Box 217 Denton, Texas 76201 Krum, Texas 76249 Page 2 of 4 10. Agreement Not for Benefit of Third Part~es Tins Agreement ~s not intended and shall not be construed to be for the benefit of any md~wdual or create any duty on Denton to any third party 11. Assignment Neither party shall assign th~s Agreement except upon the pnor written consent of the other 12 Venue. Venue of any stat or cause of action under tins Agreement shall lie exclusively m Denton County, Texas Tlus Agreement shall be construed ~n accordance vath the laws of the State of Texas EXECUTED on the day of ., 2000 CITY OF DENTON, TEXAS BY EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF KRUM ~x BY MA'~OR ~/ - \ ~ Pag~ 3 of 4 ATTEST Page 4 of 4 ORDINANCE NO AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Council of the C~ty of Denton hereby approves an Interlocal Agreement for Ambulance Service between the C~ty of Denton and the C~ty of Ponder, a copy of which Is attached hereto and incorporated by reference herein, and the Mayor, or in her absence the Mayor Pro Tern, ~s hereby authorized to execute said Agreement on behalf of the City SECTION 2 That tins ordinance shall become effective ,mme&ately 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 INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER The C~ty of Denton currently prowdes emergency medmal servtces to the mt]zens of Denton The C~ty of Ponder would hke to contract w~th the C~ty of Denton to receive emergency medical services for ~ts c~t~zens Pursuant to Chapter 774 of the Tex Health and Safety Code (Vernon 1992) and the Interlocal Cooperation Act, Tex Gov't Code Ann §791 001, et seq, (Vernon 1994), a c~ty may contract to prowde emergency medical serwces to the county or another c~ty WHEI~AS, both the C~ty of Denton and the C~ty of Ponder have the authonty to perform the services set forth m tbas Agreement lndlvldually and in accordance w~th Tex Gov't Code Ann §791 011(c)(2), and WHEREAS, the Oty of Ponder will make all payments for services out of avtulable current revenues and the C~ty of Denton agrees that the payments made by the C~ty of Ponder hereunder wall fmrly compensate ~t for the services performed, NOW, THEREFORE, WITNESSETH ~gr~rn~nt This Agreement ~s made on the ~'f day of ~, 2000, between the C~ty of Denton, Texgas ("Denton"), and the Clt~ o'-~Ponder ("Ponder") The parhes agree as follows 1 Definitions ~merg~mcy M~clmal ,qermnes or F. M.,q. means personnel and ground transportation vehicles used to respond to an ~ndtwdual's perceived need for ~mmedmte medical care and to provent death or aggravation of physiological or psychologtcal illness or ~njury 2. Denton to Prowde EMS to Ponder Denton shall prowde emergency medical services to Ponder m response to requests for emergency medical services in accordance w~th tbas Agreement All requests for emergency medmal serwces for persons resad~ng m the corporate limits of Ponder shall be commumcated to Denton m the manner spemfied by Denton 3 Discretion m Prowdmg E.M S Ponder understands that Denton must also respond to requests for emergency medmal services for persons m Denton and that Denton has other contracts to pmwde emergency medical services to other ent~t~as Denton shall have the sole right and d~scretlon, w~thout being ~n breach of tl~s Agreement and without hablhty to Ponder, to determine (a) Whether or not to respond to a request for medmal emergency servme, (b) Whether and when personnel or eqmpment are avmlable to respond to a request for emergency medical servme, (c) The order ~s wtuch to respond to a request for emergency medtcal service, and (d) The time ~n which to respond to a request for emergency medical service 4 Service Fee In consideration for prowd~ng emergency medmal servmes to Ponder, Ponder agrees to pay to Denton the sum of $5,220 00 for fiscal year 2000-2001 based on a population of 522 mult~phed by $10 00 The populatton figure used ~s based on a 5% increase for Denton County contained ~n the latest edition of the North Central Texas Council of Govemments estimate for January 1, 2000 The annual payment shall be prod to Denton m equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after glwng prior notme, suspend service to Ponder dunng any period of t~me Ponder is dehnquent in the payment of any undisputed service fee 5. Patient Charges In addition to the service fee prod by Ponder, Denton may charge and collect from persons provided emergency medtcal services, the patient fees established by ordi- nance of Denton 6 Governmental Immumty Not Wmved Neither Denton nor Ponder waives, nor shall be deemed hereby to wmve, any munurnty or defense that would otherwise be avmlable to ~t against clmms made or arising from any act or omission resulting from flus Agreement 7. Term The term of thts Agreement shall be ~n one-year ~ncrements, begmmng on October 1, 2000 and cont~nnmg to September 30 of the following year and thereafter from year to year nnt~l terminated m accordance w~th th~s Agreement 8 Termination, Default E~ther party may terminate th~s Agreement at any t~me w~thout cause by g~vlng 90 days advance notice mwnttng to the other, specifying the date of termination If e~ther party breaches a prows~on of ti'ns Agreement, the other party shall g~ve the defaulting party written notme of the default Should the defaulting party fad to correct the default w~tinn thn'ty days of the date nottce of default ~s sent, the other party may declare the Agreement terminated Ponder shall be hable to Denton pro rata for the payment of emergency medical serwces prowded up to the date of termination 9 Notices All notices sent under this Agreement shall be maded, postage prepaid, to the respective addresses, as follows To Fl~ntnn To Pnnder C~ty Manager Mayor C~ty of Denton City of Ponder 215 E MeKmney P O Box 297 Denton, Texas 76201 Ponder, Texas 76259 Page 2 of 4 10 Agreement Not for Benefit of Third Parties This Agreement is not intended and shall not be construed to be for the benefit of any mdlwdual or create any duty on Denton to any third party 11. Assignment Neither party shall assign th~s Agreement except upon the prior written consent of the other 12 Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively m Denton County, Texas This Agreement shall be construed m accordance with the laws of the State of Texas EXECUTED on the tq dayof ~ ,2000 ! CITY OF DENTON, TEXAS BY EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF PONDER Page 3 of 4 ATTEST Page 4 of 4 ORDINANCE NO AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C,ty Council of the C,ty of Denton hereby approves an Interlocal Agreement for Ambulance Service between the C,ty of Denton and the C~ty of Sanger, a copy of which ts attached hereto and incorporated by reference herein, and the Mayor, or in her absence the Mayor Pro Tern, ~s hereby authorized to execute said Agreement on behalf of the City SECTION 2 That 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 INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER The C~ty of Denton currently provides emergency medical services to the citizens of Denton The City of Sanger would like to contract with the City of Denton to receive emergency medical services for its citizens Pursuant to Chapter 774 of the Tex Health and Safety Code (Vernon 1992) and the Inteflocal Cooperataon Act, Tex Gov't Code Ann §791 001, et seq, (Vernon 1994), a city may contract to provide emergency medical services to the county or another city WHEREAS, both the City of Denton and the C~ty of Sanger have the authority to perform the services set forth m tins Agreement individually and m accordance with Tex Gov't Code Ann §791 011(c)(2), and WHEREAS, the C~ty of Sanger will make all payments for services out of avmlable current revenues and the City of Denton agrees that the payments made by the C~ty of Sanger hereunder will fmrly compensate ~t for the services performed, NOW, THEREFORE, WITNESSETH Aoore~ment Tlus Agreement is made on the __ day of ,2000, between the City of Denton, Texas ("Denton"), and the Caty of Sanger ("Sanger") The pames agree as follows 1. Definitions ~,mer~eney Med~aal ~qerv~ee~ or F,.M.S. means personnel and ground transportation vehicles used to respond to an lnChvldual's perceived need for tmmediate medical care and to prevent death or aggravation of physiological or psychological illness or injury 2. Denton to Provide EMS to Sanger Denton shall prowde emergency medical services to Sanger m response to requests for emergency medical services in accordance with this Agreement All requests for emergency medical services for persons residing m the co~porato llmats of Sanger shall be commumcatod to Denton m the manner specified by Denton 3 Discreaon In Providing E.M S Sanger understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to prowde emergency medical services to other entities Denton shall have the sole right and dlscretlon, without being in breach of thas Agreement and without habthty to Sanger, to determine (a) Whether or not to respond to a request for medmal emergency service, (b) Whether and when personnel or eqmpment are avmlable to respond to a request for emergency mechcal serwce, (c) The order ~s winch to respond to a request for emergency medtcal servme, and (d) The time in winch to respond to a request for emergency medmal service 4. Service Fee In conslderatton for providing emergency medmal sermces to Sanger, Sanger agrees to pay to Denton the sum of $53,000 for fiscal year 2000-2001 based on a population of 5,300 multaphed by $10 00 The population figure used ~s contained m the latest erht~on of the North Central Texas Connml of Governments estnuate for January 1, 2000 The annual payment shall be paad to Denton ~n equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after glvlng prior notice, suspend service to Sanger dunng any period oftnne Sanger ~s delinquent ~n the payment of any nndmputed service fee 5. Patient Charges In addition to the serwce fee prod by Sanger, Denton may charge and collect from persons prowded emergency medical servmes, the patient fees estabhshed by orch- nance of Denton 6 Governmental Immumty Not Wmved Neither Denton nor Sanger wmves, nor shall be deemed hereby to waive, any ~mmumty or defense that would otherwise be available to ~t against clamas made or arising from any act or onussmn resulting from tins Agreement 7. Term The term of tins Agreement shall be ~n one-year increments, beginning on October 1, 2000 and continuing to September 30 of the following year and thereafter from year to year nntal terminated ~n accordance with tins Agreement 8. Termination; Default Either party may terminate tins Agreement at any t~me without cause by gav~ng 90 days advance notme m writing to the other, specifying the date of tennmatmn If e~ther party breaches a prows~on of this Agreement, the other party shall g~ve the defaulting party written netme of the default Should the defaulting party fall to correct the default w~thm tinrty days of the date notice of default is sent, the other party may declare the Agreement terminated Sanger shall be hable to Denton pro rata for the payment of emergency medmal sermces provided up to the date of tenmnntlon 9 Notices All nottces sent under tins Agreement shall be mmled, postage prepmd, to the respective addresses, as follows Tn !I~enton TO ~anger City Manager Mayor C~ty of Denton C~ty of Sanger 215 E McKmney P O Box 1729 Denton, Texas 76201 Sanger, Texas 76266 Page 2 of 4 10 Agreement Not for Benefit of Third Part:es Tlus Agreement ~s not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party 11 Assignment Nmther party shall assign th~s Agreement except upon the prior written consent of the other 12. Venue. Venue of any stat or cause of actmn under flus Agreement shall he exclusively m Denton County, Texas Tlus Agreement shall bc construed m accordance w~th the laws of the State of Texas EXECUTED on the day of ., 2000 CITY OF DENTON, TEXAS BY EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 7~~/~ CITY OF SANGER MAYOR ,/ / - Page 3 of 4 ATTEST sEc~T~Y )' Page 4 of 4 Agenda Item Date JO- AGENDA INFORMATION SHEET AGENDA DATE: October 17, 2000 DEPARTMENT: Community D~elopnlcnt .q~ / SUBJECT Consider adoption of an ordinance of the C~ty Council of the City of Denton, Texas approving an agreement between the City of Denton and the Denton Affordable Housing Corporation, providing for the terms of smd contract, anthonzlng the City Manager to execute the agreement and to expend funds wth respect to the agreement, and providing for an effeetwe date BACKGROUND The C~ty's 2000 Actton Plan for Housing and Community Development approved by City Councd on May 16, 2000 included the use of $78,300 by the Demon Affordable Housing Corporation for eommuaUon of the Affordable Housing Opportunity Program The AHOP program entmls purchase, renovation and resale of affordable housing Some down payment and closing costs are also prowded through the program The revised agreemem outhnes program reqmrements for any unspem funds from prevmus years and program income New reqmrements in the agreement include Contract term September 1, 2000 to August 31, 2005 DAHC must conduct a pubhc heanng at least once annually to review proposed and m-progress act~wtms w~th Denton residents · DAHC must prowde notme to neighborhood :fthe number of rants will be increased by more than two single family or four mulUfamfly umts · DAHC will pubhely advertise board meetings ESTIMATED SCHEDULE OF PROJECT Schedule of contract actlvmes (See page 21) indicates that all funds should be expended by 2002 PRIOR ACTION/REVIEW (Councd, Boards, Commissions) The Community Developmem Advisory Committee recommended approval of the project Clty Councll approved CDAC's recommendatzons m the 2OOO Actton Plan on May 16, 2000 FISCAL INFORMATION Project includes only 2000 - 2001 Home Investmem Partnerships Program funding Agenda Information Page 1 BID INFORMATION N/A ATTACHMENTS Ordinance, pages 3 - 4 Contract, pages 5 - 21 Respectfully submitted Llnda Ratllff Director of Community Develol:~nent Prepared by Barbara Ross Community Development Administrator Agenda Information Page 2 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION, PROVIDING FOR THE TERMS OF SAID CONTRACT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TO EXPEND FUNDS WITH RESPECT TO THE AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has received funds from the U S Department of Housing and Urban Development under the National Affordable Housing Act of 1990 as amended by the Housing and Commtm~ty Development Act of 1992, and WHEREAS, the City has adopted a budget for such funds ~ncluded there~n an authorized program budget for expenditure of funds, for operating costs and project funding for the Denton Affordable Housing Corporation (DAHC), and WHEREAS, the City Manager has determined that the DAHC ts the only state-certified commumty housing development orgamzatwn (CHDO) that tncludes the reqmred number of low mcome c~t~zens from the C~ty on ~ts board of dtrectors necessary to satisfy federal reqmrements to serve the Ctty's geographical area and that DAHC has prowded management services to the City to provide affordable housing w~thm the C~ty which as s~gnlficantly benefited the commumty, and WHEREAS, DAHC has a demonstrated h~story of s~gmficant service to the community ~n the area of affordable housing, and WHEREAS, th~s agreement, therefore, quahfies as a sole source procurement ~n accordance with {}252 022(7)(f) of the TEX LOC GOV'T CODE and does not need to be competmvely b~d, and WHEREAS, the City Council deems ~t m the pubhc interest to enter ~nto an agreement for an affordable housing program with the DAHC, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty Council hereby approves the attached Agreement between the C~ty and the DAHC to provide for an affordable housing program ~n accordance w~th the terms of th~s Agreement, which Agreement is made a part of th~s ordinance for all purposes, and authorizes the City Manager to execute th~s Agreement SECTION 2 That the City Council authorizes the expenditure of funds for operating costs and project funding for the DAHC in accordance with the terms of the attached Agreement Agenda Information Page 3 SECTION 3 That this ordinance shall become effect,ve immediately upon tts 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 Agenda Information Page 4 AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION Thts Agreement between the City of Denton and the Denton Affordable Housing Corporatxon ("Agreement") is made and entered into by and between the City of Denton, a Texas municipalI corporation ("CITY"), acting by and through its City Manager, pursuant to ordinance, and the Denton Affordable Housing Corporataon, Denton, Texas a certified non-profit commumty housing development corporation, ("CONTRACTOR") WHEREAS, CITY has received funds from the U S Department of Housing and Urban Development under the National Affordable Housing Act of 1990 as amended by the Housing and Commumty Development Act of 1992, WHEREAS, CITY has adopted a budget for such funds and included thereto an authorized Program Budget for expenditure of funds for provision of an affordable housing program by the Denton Affordable Housing Corporation included as Attachment "B", WHEREAS, CITY has designated the Commumty Development Office as the &vision responsible for the admunstrataon of flus Agreement and all matters pertaining thereto, and WHEREAS, the Cxty Manager has determined that CONTRACTOR is the only state- cemfied eommumty housing development orgamzatton (CHDO) that includes the reqmred number of low-income mt~zens from the CITY on its board of chrectors to satisfy federal requirements necessary to serve the CITY's geograplucal area, that the CONTRACTOR has provided management sermces to the CITY to promote affordable housing wxttun the CITY which has slgmficantly benefited the commumty, and CONTRACTOR has a demonstrated history of slgmficant service to the commumty m the area of affordable housing, and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project, NOW, THEREFORE, the parttes hereto agree, and by the execution hereof are bound to the mutual obhgat~ons and to the performance and accomplishment of the condmons hereinafter described 1. TERM Ttus Agreement shall commence on or as of September 1, 2000, and shall terminate on August 3,1, 2005, unless adjusted by the CITY Request for such an adjustment must be in writing and is to be submitted to the Commumty Development Office Agenda Information Page 5 RESPONSIBILITIES A CONTRACTOR hereby accepts the responsibility for the performance of all services artd acttwtIes, described m the Work Statement attached hereto as Attachment "A" and incorporated hereto as If set forth at length, m accordance with the Program Budget attached hereto as Attachment "B" and the Schedule of Contract Acttvmes attached hereto as Attachment "C" and Incorporated hereto as if set forth at length, and as otherwise set forth here~n, in a satisfactory and efficient manner as determined by CITY, m accordance with the terms herein B CONTRACTOR's executive director shall be CONTRACTOR's representative responsible for the management of all contractual matters pertaimng hereto, unless written nnt~fiea- tIon to the contrary is received fi.om CONTRACTOR, and approved by CITY C CONTRACTOR agrees that all mdivldual projects under the Affordable Housing Program described m Attachment "A" to be assisted with HOME funds will have approval fi.om the CITY of Denton CONTRACTOR agrees that project dehvery costs ptud with HOME funds or HOME proceeds will not exceed more than 10% of the total project cost as determined by the CITY CONTRACTOR also agrees that prior to expendature of HOME program proceeds on the "' CITY Mockmg'01rd Lane Project, also described in Attachment A, CONTRACTOR vall provide wath a pr6ject pro forma mdteatmg all sources and uses of funds for the project CONTRACTOR must also Iprowde CITY w~th documentation of site and right of way control D. The CITY's Commumty Development Admmastrator will be CITY's representative responsible for the adm~mstration ofttus Agreement E CONTRACTOR shall comply wath HUD Office of Management and Budget circulars A-122 and A-110, Attachments B, F, H, paragraph 2 and Attachment O F CONTRACTOR shall be eertffied as a "Commumty Housing Development Orgamzat~on" (CHDO) w~th the State of Texas and the C~ty of Denton CONTRACTOR shall maintain CHDO Cert~ficatton for the durataon of the contract term G CONTRACTOR shall not request disbursement of funds until they are needed for payment of eligible costs The amount of each request wall be hmlted to the amount needed as per 92 504 (c~(2)(wI) It CONTRACTOR shall not change the Program Budget without prior written approval from the CITY I CONTRACTOR shall be responsible for perfonmng a site-specific environmental review prior to acqmsttaon of prope~es to be used for affordable housing projects Agenda Information Page 6 Page 2 of 14 j I CONTRACTOR shall conduct a public heanng at least once annually to review proposed and m-progress actlwttes and receive citizen input Heanng(s) wall be advertised at least 15 days id advance Adverttsmg, at a mlmmum, must include publication m a newspaper wath local mrculat~on The hearing may be combined with CONTRACTOR's annual membersbap meeting A summary of comments from the public hearing wall be submitted to the Commumty Development Division watlun 30 days of the date of the public hearing K CONTRACTOR shall prowde timely notice to "neighborhood" residents prior to increasing the number of umts m the area by more than two single farmly or four multlfamlly umts, or prior to! renovating more than five umts Notme will include contact information or ldentfficaUon of opporttlmties for residents to comment on the proposed development CITY staff wall determine "Neighborhood" boundaries 3. CITY'S & CONTRACTOR'S OBLIGATIONS A, CITY, shall provide funds m the amount of $192,167 or less in project funds to the CONTRACTOR for specific housing projects and programs as described the Work Statement, Attachment "A" B CONTRACTOR agrees to hold and save harmless the CITY, its officers and employees from any and all loss, cost, or damage of every land [including, property damage, bochly injury or death], nature or description arising under this Agreement Ci CITY shall be responsible for performing a general environmental re,aew to insure necessary comphances are met D CONTRACTOR shall be responsible for performing a project-specific envaronmental review to insure necessary compliances are met E; Tlus Agreement and the payments made hereunder are contingent upon receipt of U S Del~artmeut of Housing and Urban Development funds pursuant to the HOME Investment Partnersl'ap Program, and shall ternunate immediately, not withstanding the provisions of Article XIX herei~f, should such funds be discontinued for any reason The CONTRACTOR may not request disbursement of funds until they are needed for paymgut of eligible costs The amount of each request by the CONTRACTOR shall be limited to the amount needed in accordance wath 24 CFR 92 504 (c)(2)(vn) and shall involve the actixataes set forth in the "Contract Activity Schedule" attached as Attachment C Upon &ssolutlon of the CONTRACTOR any remalmng funds or assets derived from the I expenditure of the CITY's funds, hereinafter sometimes described as the CITY's HOME funds, proceeds or HOME-funded projects, must be tmmedmtely returned to the CITY Agenda Information Page 7 Page 3 of 14 H CONTRACTOR shall perform all services, obligations and activities as reqmred by the Tturd~Amendment (FY99) To Agreement Between the Caty of Denton And The Denton Affordable Housing Corporation relating to the Toledo Court Project, including without limitation all servaees, obligations and activities necessary to fully comply with the Memorandum of Understanthng Toledo Court Subdivision executed by CITY, CONTRACTOR and the Singing Oaks Neighborhood Association 4. COMPLIANCE WITH FEDERAL~ STATE AND LOCAL LAWS A The CITY and CONTRACTOR agree to perform their duties arising pursuant to the Agreement in compliance with the U S Department of Housing and Urban Development HOME Investment Partnersbap Program regulations at 24 CFR 92 B CONTRACTOR shall comply with the amform admmastratlve reqmrements, as described an 24 CFR 92 505 in the HOME Investment Partnership Program regulations, a copy of which is attached hereto C CONTRACTOR shall comply with all prescribed procedures regarding nondiscrimination and equal opportumty, affirmative marketing, displacement and relocation, labor relations, lead-based paint and conflict of interest provisions described in 24 CFR 92 subpart H D CONTRACTOR agrees to ensure that all HOME-assisted housing or housing identified as match for the HOME program meets all affordabihty requirements identified in 24 CFR 92 252 or 92 254 CONTRACTOR further agrees to develop a deed of trust for use with all HOME-assisted umts that incorporates these reqmrements, including remedies for breach of the agreement provisions CONTRACTOR will provide the CITY with a copy of the deed of tmst with provisions described above for approval before the sale of any HOME-assisted units E CONTRACTOR agrees that as a certtfied Community Housing Development Corporation, they will comply with 24 CFR 92 300 and 92 301 F CONTRACTOR agrees that as a certified commumty housing development corporatton (CHDO), they wall comply with 24 CFR 92 300 and 92 301 O If it is determined that the use of the funding provided by the CITY does not meet the reqmmments of the U S Department of Housing and Urban Development HOME Investment Partnership Program, the CONTRACTOR shall remaburse the CITY for the costs detenmned to be disallowed under the U S Department of Housing and Urban Development HOME Investment Partnership Program regulations H CONTRACTOR shall comply with all applicable Federal laws and regulations at 24 CFR 92 isubpart H Subpart H prescribes procedures for compliance in the following areas nondiscrimination and equal opportumty, aftkmat~ve marketing, displacement and relocation, labor relations, lead-based paint and conflict of interest Agenda Information Page 8 Page 4 of 14 I CONTRACTOR agrees that all housing assasted under th~s agreement will meet the property standards reqmrements m 24 CFR 92 251 J CONTRACTOR agrees to comply wath all apphcable Federal laws, laws of the State of Texas and ordinances of the Caty of Denton 5. REPRESENTATIONS A The CITY as provadmg funding to the CONTRACTOR ~n order to promote development of affordable housing Use of funds for programming wall meet flus stated goal B The CITY as the only agent authorized to desagnate changes to the Program Budget or to approve specffic projects and programs authorized pursuant to the non-admamstrat~on port~on of the Program Budget C CONTRACTOR assures and guarantees that ~t possesses the legal authority, pursuant to any proper, appropriate and offimal motion, resolution or action passed or taken, to enter ~nto tlus Agreement D The person or persons slgmng and executing tins Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally band CONTRACTOR to all terms, performances and provlsaons hereto set forth E CITY shall have the right, at ats option, to eather temporarily suspend or permanently temunate flus Agreement ~f there as a d~spute as to the legal authority of eather CONTRACTOR or the person slgmng the Agreement to enter ~nto flus Agreement CONTRAC- TOR as hable to CITY for any money ~t has receaved from CITY for performance of the provas~ons of flus Agreement ffCITY has suspended or terminated flus Agreement for the reasons enumerated in flus Seetton F CONTRACTOR agrees that the funds and resources prowded CONTRACTOR under the terms of flus Agreement wall in no way be substituted for funds and resources from other sources, nor m any way serve to reduce the resources, serwces, or other benefits which would have been avmlable to, or provaded through, CONTRACTOR had flus Agreement not been executed 6. PROGRAM INCOME A HOME program mcome ~s defined as all fees and ~nterest payments on HOME- assmted umts/projects and any ~nterest income on deposated HOME funds or program proceeds collected by the CONTRACTOR Program ~neome may be re~ned by the CONTRACTOR to be used for I~IOME-ehg~ble act~wt~es ancluded in the Work Statement ~ncluded here~n as Attachment Agenda Informatmn Page 9 Page 5 of 14 "B" Provided, however that any interest on deposited HOME funds must be remitted to the CITY on a quart6rly basis B HOME program proceeds are defined as income from the sale of HOME-assisted housing Proceeds may be retained by the CONTRACTOR for use on other HOME-ehglble activities l~cluded m the Work Statement included here as Attachment "B" C Any income generated from the use of HOME funds, proceeds, or any income generated through subsequent use of these funds shall continue to be used by the CONTRACTOR for HOME-ehglble act~vmes included in the Work Statement ~n the City of Denton Use of the funds on projects or programs other than those ~dentffied in fins Agreement must be approved m writing by the CITY Any income retmned and used by the CONTRACTOR must be avatlable to the CITY as a matchmg contnbntlon for the HOME program Upon request, CONTRACTOR will approve appropriate certifications stating that funding is available as a HOME program match to the CITY' ?. MAINTENANCE OF RECORDS A CONTRACTOR agrees to mmntmn records that will prowde accurate, current, separate, and complete d~sclosure of the status of the funds received pursuant to flus Agreement and pursuant tO any other applicable Federal and/or State regulations establlsh~ng standards for fill~tnclal management CONTRACTOR's record system shall contmn sufficient documentation to provide detmled sCpport and justification for each expandlture Nottung in th~s Section shall be construed to relieve ~CONTRACTOR of fiscal accountablhty and hablhty under any other prowslon of this Agreemer~t or any applicable law CONTRACTOR shall include the substance of flus provision in all subcontracts B, CONTRACTOR agrees to retmn all books, records, documents, reports, and written accountang pollClas and procedures pertmmng to the operation of programs and expenditures of funds pursuant to ttus Agreement for the period of time and under the condltxons specified by CITY C Nothing m the above subsections shall be construed to relieve CONTRACTOR of responslblhty for retaunng accurate and current records, which clearly reflect the level and benefit of services, provided pursuant to this Agreement D! At any reasonable tane and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of ~ts records and shall penmt CITY, or any of its authorized representatives to audit, exanune, make excerpts ~nd copies of such records, and to conduct audits of all contracts, lnvmees, materials, payrolls, records of personnel, conchttous or employment and all other data relating to the program requested,by smd representattves Agenda Information Page 10 Page 6 of 14 E The CONTRACTOR shall give the City of Denton, the U S Departmem of Housing and Urban Development, or any of their duly authorized representatives, access to and the right to eXarmne all books, accounts, records, reports, files and other papers belonging to or in use by the CONTRACTOR pertmmng to tbas Agreement Such rights to access shall continue as long as the CONTRACTOR is reqmred to retain the records 8 REPORTS AND INFORMATION A CONTRACTOR shall provide quarterly financial and beneficiary reports that shall contmn sdch records, data and information as CITY may request and deem pertinent to matters covered by ttus Agreement CONTRACTOR shall provide any additional information as requested by the CITY w~finn 10 days B An audit must be conducted ~n accordance w~th 24 CFR parts 44 and 45 as apphcable CONTRACTOR shall subunt a copy of smd audit to the Commumty Development Office w~finn ten days of receipt of the completed report C CONTRACTOR shall submit copies of all public meeting advertisements and residents nottficattons settmg forth the tune and place thereof, mcluchng vathout huntataon board of director meetings, to the Commumty Development Division office at least 72 hours prior to the meetmg in accordance w~th Section 16 of tins Agreement 9. INSURANCE A CONTRACTOR shall observe sound business practices with respect to providing such bonchng and insurance as would provide adequate coverage for serwces offered under tins Agreement B The preunses on and in wluch the act~wt~es described ~n Exlubit A are conducted, and the employees conducting these act~wt~es, shall be covered by premise liability insurance, eom- monly referred to as "Owner/Tenant" coverage w~th CITY named as an additional ~nsured Upon request of' CONTRACTOR, CITY may, at its sole d~scret~on, approve alternate insurance coverage arrangements C CONTRACTOR will comply w~th applicable workers' compensation statutes and will obtain employers' habfl~ty coverage where avmlable and other appropriate habfi~ty coverage for program partte~pants, ff apphcable D CONTRACTOR will maintain adequate and continuous hablhty insurance on all velucles ~wned, leased or operated by CONTRACTOR All employees of CONTRACTOR who are reqmr9d to drive a vehtcle m the normal scope and course of their employment must possess a valid Texas driver's hcense and automobile liab~hty insurance Ewdence of the employee's current Agenda Information Page 11 Page 7 of 14 possession of a vahd hcense and insurance must be mmntmned on a current basas an CONTRACTOR's files E Actual losses not covered by ~nsurance as required by th~s Section are not allowable costs under ttus Agreement, and remain the sole responsabfllty of CONTRACTOR F The pohcy or pohmes of insurance shall contmn a clause wbach reqmres that CITY and CONTRACTOR be notffied in writing of any cancellataon or change an the pohcy at least tlurty (30) days prior to such change or cancellation 10. EQUAL OPPORTUNITY Dunng the performance of ttus Agreement, the CONTRACTOR is subject to Executtve Order 11246, as amended, and, therefore, agrees to the followang (1) The CONTRACTOR wall not dlscnmanate against any employee or applicant for employment because of mee, color, rehgaon, sex, national ongln, or famthal status The CONTRACTOR wall take affirmative action to ensure that apphcants who are employed are treated dunng employment without regard to thear race, color, rehgaon, sex, nataonal ongm, or familial status, concermng such employment, upgrading, demotion, or transfer, recruitment or recruitment advertaslng, layoff or temunatton, rates of pay or their apprenticeship The CONTRACTOR agrees to post ~n conspicuous places, available to both employees and applicants for employment, notaces to be provided by the CITY setting forth prowslons of th~s nond~scnmmanon clause (2) The CONTRACTOR, m all sohcatat~ons or advertisements for employees placed by or on behalf of the CONTRACTOR, shall state that all qualified applicants wall receive conslderanon for employment wathout regard to race, color, religion, sex, nattonal ongm, or famthal status 11. CONFLICT OF INTEREST A CONTRACTOR covenants that neither ~t nor any member of its governing body presently has any interest, direct or lnchrect, which would conflict in any manner or degree wath the performance of services reqmred to be performed under tlus Agreement CONTRACTOR further covenants that m the performance of thts Agreement, no person havmg such interest shall be employed, or appointed as a member of ats govermng body B, CONTRACTOR further covenants that no member of its governing body or ~ts staff, subkontractors or employees shall possess any Interest ~n or use thas posatlon for a purpose that is orI gives the appearance of being motivated by desire for private gmn for themselves, or others, par0cularly those wath wbach they have family, business, or other ues Agenda Informataon Page 12 Page 8 of 14 C No officer, member, or employee of CITY and no member of ats governing body who exercises any function or responsibilities m the review or approval of the undertal~ng or carrying out of tbas Agreement shall paxt~clpate m any decision relating to the Agreement winch affects ins personal interest or the interest m any corporation, partnership, or association in winch he has direct or redirect interest 12. POLITICAL OR SECTARIAN ACTIVITY A None of the performance rendered hereunder shall involve any pohtmal activity 0ncluchng, but not lmuted to, any activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation B None of the performance rendered hereunder shall involve or benefit in any, manner any sectarian or rehglous actavlty 13. WARRANTIES CONTRACTOR represents and warrants that A All reformation, reports and data heretofore or hereafter requested by CITY and furmshed to CITY, are complete and accurate as of the date shown on the reformation, data, or report, and, since that date, have not undergone any slgmficant change without written notice to CITY B Any supporting financial statements heretofore requested by CITY and furmshed to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that smee said date, there has been no material change, adverse or otherwise, in the finanaial eondmon of CONTRACTOR C No litigation or legal proceedings are presently pendmg or threatened against CONTRACTOR D None of the provisions hereto contravenes or is in conflict w~th the authority under which CONTRACTOR is doing business or vath the provlsaons of any existing indenture or agreement of CONTRACTOR E CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and condltaons of this Agreement Agenda Information Page 13 Page 9 of 14 F None of the assets of CONTRACTOR ~s subject to any hen or encumbrance of any character, except for current taxes not delmquent, except as shown m the financml statements furmshed by CONTRACTOR to CITY Each of these representations and warranties shall be conUnmng and shall be deemed tolhave been repeated by the submission of each request for payment COVENANTS A Dunng the period of time that payment may be made hereunder and so long as any payments :cream unhqmdated, CONTRACTOR shall not, without the prior written consent of the Commurnty Development Adm~mstrator or her authorized representative (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acqmred by ~t, or permit any pre-emstmg mortgages, liens, or other encumbrances to remain on, or attached to, any assets or,CONTRACTOR winch are allocated to the performance of tins Agreement and vath re,peet to winch CITY has ownersinp hereunder (2) Sell, assxgn, pledge, transfer or othemnse d~spose of accounts receivables, notes or clatms for money due or to become due (3) Sell, convey, or lease all or substantml part of ~ts assets (4) Make any advance or loan to, or ~ncur any habfi~ty for any other fnma, person, entity or corporaUon as guarantor, surety, or accommodation endorser (5) Sell, donate, loan or transfer any eqmpment or ~tem of personal property purchased wath funds paad to CONTRACTOR by CITY, unless CITY anthonzes such transfer B CONTRACTOR agrees, upon written request by CITY, to reqmre ~ts employees to attend trmnmg sessions sponsored by the Commumty Development Office MONITORING AND EVALUATION A CITY shall perform on-site momtonng of CONTRACTOR's performance under tins Agreement BI CONTRACTOR agrees that CITY may carry out momtonng and evaluation actlvmes to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and ObJectiveS, winch are attached hereto as Attachment A, as well as other provisions of tins Agreement Agenda Information Page 14 Page 10of14 C CONTRACTOR agrees to cooperate fully wah CITY in the development, ~mplementataon and mmntenanee of record-keeping systems and to prowde data determined by CITY to b~ necessary for CITY to effecttvely fulfill ~ts monitoring and evaluation responslblhties D' CONTRACTOR agrees to cooperate ~n such a way so as not to obstruct or delay CITY ~n such momtonng and to designate one of its staff members to coordinate the momtonng process aslrequested by CITY staff E CITY shall provide a written evaluation of contract performance to the CONTRACTOR wathm 30 days of the momtonng F W~tlnn 60 days of notffication by the CITY, the CONTRACTOR shall prowde complete responses include a statement acknowledging any corrective action reqmred to be taken due to City of Denton momtormg findings and concerns G CONTRACTOR shall submit cop~es of any fiscal, management, or audit reports by any of CONTRACTOR's flmdmg or regulatory bodies to CITY within five (5) working days of receipt by CONTRACTOR 16. DIRECTORS~ MEETINGS A CONTRACTOR shall ensure that all board of chrectors and membership meetings are pubhcly adve~sed and an agenda posted w~th the C~ty Secretary and the Commttmty Development D~ws~on at least 72 hours prior to the meeting Such notme shall include an agenda and a brief description of the matters to be chscussed B CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings C Minutes of all meetings of CONTRACTOR's govermng body shall be avmlable to CITY wathm ten (10) working days of approval 17. NEPOTISM CONTRACTOR shall not employ ~n any paid capamty any person who is a member of the immediate family of any person who ~s currently employed by CONTRACTOR, or is a member of CONTRACTOR's govermng board The term "member of ~mmed~ate family" ~neludes vafe, husband,lSOn, daughter, mother, father, brother, s~ster, in-laws, aunt, uncle, nephew, mece, step-parent, step-chtld, half-brother and half-s~ster Agenda Information Page 15 Page 11 of 14 18. SUSPENSION OF FUNDING A Upon determination by CITY of CONTRACTOR's failure to t~mely and properly perform each of the reqmrements, tune condltaons and duties provided hereto, CITY, vnthout hm~tlng arty rights ~t may otherwise have, may, at its discretion, and upon ten (10) worlang days written notice to CONTRACTOR, w~thhold further payments to CONTRACTOR Such notice may be given by mml to the Executive Officer and the Board of Directors of CONTRACTOR The not~ce shall set forth the default or failure alleged, and the actaon reqmred for cure B The period of such suspension shall be of such duration as ~s appropriate to accomphsh corract~ve action, but m no event shall ~t exceed tturty (30) calendar days At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and prod all ehglble funds w~thheld or impounded dunng the suspension period If, however, CITY determines that CONTRACTOR has not come Into compliance, this Agreement may be terminated under Section 19 of tins Agreement 19. TERMINATION A The CITY shall have the right to terminate this Agreement, ~n whole or m part, at any time whenever the CITY determines that the CONTRACTOR has fmled to comply w~th any term of th~s Agreement The CITY shall not~fy the CONTRACTOR in writing tinrty (30) days prior to the date of terminat~on, the effectave date of such termination, and in the case of partial terminat~on, the portton of the Agreemant to be terminated Property shall be subject to dlsposltton B The CITY shall have the right to terminate tins Agreement for convemence, in whole or m part by written notification to the CONTRACTOR which shall ~nclude the reason for such tenmnat~on, the effective date and the pomon to be terminated C, The CONTRACTOR shall have the right to terminate tins Agreement for convemence, m whole or in part, by wnttan notfficat~on to the CITY, winch shall include the reason for such termination, the effective date and the pomon to be tenmnated D If, m the case of a part~al termination, it ~s the determlnat~on of CITY that the remmmn$ portion of the award is not sufficient to accomplish the project as described m the Work Statement, CITY may reqmre that the entire grant be terminated 20. INDEMNIFICATION A. It Is expressly understood and agreed by both parties hereto that CITY ~s contracting w~th CONTRACTOR as an independent CONTRACTOR and that as such, CONTR3kCTOR shall save and hold CITY, ~ts officers, agents and employees harmless from all liability of any nature or land, mcludmg costs and expenses for, or on account of, any Agenda Information Page 16 Page 12 of 14 claims, a~dit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of CONTRACTOR. B CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability armng out of the use of these contracted funds and program administration and implementation except to the extent catlsed by the willful act or omission of CITY, its agents, employees, or contractors 21. NOTICE For purposes of fins Agreement, all official commumcat~ons and notices among the part~es shall be deemed made as of the date totaled if sent postage paid to the parties and address set for below TO CITY, TO CONTRACTOR C~ty Manager D~rector City of Denton Denton Affordable Housing Corporation 215 E McKmney St 303 N Carroll Blvd Suite 108 Denton, Texas 76201 Denton, Texas 76201 22 VENUE Tins Agreement shall be interpreted m accordance with the laws of the State of Texas and venue of any llt~gatmn concerning ttus Agreement shall be in a court of competent jurlsdlctaon sitting m Denton County, Texas 23. CONSOLIDATION AGREEMENT Tlus Agreement consohdates and replaces all previous Agreements between CITY and CONTRACTOR and all Amendments to those Agreements except where otherwise expressed herein Pmwded, however, that CONTRACTOR shall be required to maintain all affordabthty reqmrements on all HOME funded projects, shall fully perform all continuing obhgat~ons reqtured under those previous Agreements and apphcable state, federal and local laws and shall continue to use all HOME proceeds from any CITY-funded projects since CONTRACTOR's inception for HOME-ehg~ble activities as described m th~s Agreement and as may be required by law IN WITNESS OF WHICH flus Agreement has been executed on this the day of ,2000 Agenda Informatton Page 17 Page 13 of 14 CITY OF DENTON BY MICHAEL W JEZ, CITY MANAGER ATTEST JEN'NIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / ~ DENTON AFFORDABLE HOUSING CORPORATION /~OARD PRESIDENT ATTEST SECRETARY~ / Agenda Inforrnatton Page 18 ATTACHMENT "A" WORK STATEMENT Denton Affordable Housing Corporation The Denton Affordable Housing Corporation ("DAHC") was developed to increase the supply of affordable housing m the Denton area The organization ~s designed to carry out the followang actiwties but ~s not hmtted to these adrmmstration, rehablhtat~on, acqulsluon, new construction, tenant-based rental assistance and pubhc service programs Expend~turc of City funds for housing projects ~s hm~ted to projects wath~n the c~ty hm~ts of Denton DAHC's projects and programs wall primarily benefit low and moderate-income households Low and moderate income ~s defined as households below 80% of the area median income The Affordable I-Iomeownersh~p Opportnmty Program provides for acqmsmon, renovation and sale of single-family umts HOME funding m the amount of $78,300 wall be used ~n the Program Proceeds from the sale of propertaes wall be placed in the AHOP program fund to be used to continue the program No more than 10% of the HOME port~on of the project sales proceeds may be utahzed for project dehvery costs for the program The HOME port~on of the proceeds ~s based on the percentage of HOME funds included m the project The Affordable ttousmg Construction Program pmwdes fun&ng to construct single-family un~ts Prope~es statable for single-family housing will be acqmred through purchase or donation Umts wall be constructed m such a way as to make them affordable to low and moderate-income households Umts wall be sold to HOME-ehg~ble households Not more than 10% of the total funding mount may be used to assist buyers wath down payment and closing costs The Moeldngbird Lane Proleet wall culminate m the development of a m~mmum of 15 single- family housing umts on property donated to and acqmred by the Denton Affordable Housing Corporation The project includes acqms~tlon of property adjacent to the donated s~te off Mockingbird Lane, project planning, s~te development, construction and sale of the single-family umts An unspecffied amount of HOME program proceeds retmned by DAHC from prewous projects may be used for the project The Mockingbird Lane project wall be completed wath~n four years from the date oftlus contract Agenda Information Page 19 ATTACHMENT "B" PROGRAM BUDGET Affordable Homeownersbap Oppormmty Program $78,300 Affordable Housing Construction Program $113,867 Mockingbird Lane ProJect - An unspecified amount of HOME proceeds may be used for this project Agenda Information Page 20 ATTACHMENT "C" SCHEDULE OF CONTRACT ACTIVITIES 2000 - 2005 Contract Activities Schedule Act~wty 2000 - 01 2001 - 02 2002 - 03 2003 - 04 2004 - 05 Total Affordable Housing Opportumty Program - $50,000 $28,300 Proceeds reinvested to produce adchlaonal umts $78,300 Acqmsxtton, Rchab~htataon, Sale Afforrlahle New Constru~on Program - $75,000 $38,867 Proceeds reinvested to produce ~dd~l~onal umts $113,867 · Acqms~t~on, Constmcraon, Sale Moclongbrrd Lane Project Constructaon completed and umts ready for sale by September 31, 2004 Proceeds · *Contract year begins October I and ends September 31 Agenda Item ,~,-~' AGENDA INFORMATION SHEET Date /~) /~/~? AGENDA DATE October 17, 2000 DEPARTMENT: Fiscal Operations ACM Kathy DuBose Fiscal and Municipal Services ~..~' SUBJECT Consider approval of an ordinance approwng the City Manager to execute a Fxnanmal Adwsory Agreement between the City of Denton and F~rst Southwest Company, anthonzmg the Mayor to execute the contract, approwng the expendaure of funds therefore, and prowdlng for an effective date BACKGROUND F~rst Southwest Company Is the C~ty's financial adwsor and has been for approximately 40 years As our financml adwsor, they provide many of the professtonal services reqmred ~n relatmn to the issuance of debt Some of these serwces ~nclude, but are not bmlted to, the following · Adws~ng the C~ty of current bond market condmons, forthcoming bond ~ssues and other general mformatmn and economic data which rmght formally be expected to influence interest · Making recommendahons on debt instruments under conmderatlon ~ncludmg elements designed to make the msue attractive to mvestors · Makdng recommendations concerning the method of sale of bond ~nstmments that is in the best interest of the C~ty · Making recommendations to the C~ty as to the adwsabfl~ty of obtmnmg a credit rating, or ratings, for a debt ~nstmment · Asmstmg m coord~natmg the assembly and transmittal to bond counsel of such data as may be reqmred for the preparation of necessary pet~hons, orders, resoluUons, ordmances, notices and cerUficates · Adwslng financml pubhcat~ons, when appropriate, of forthcoming sales of debt ~nstruments and providing them with all pertinent ~nfonnat~on · Coordmatmg the preparation of NoUces of Sale and B~dd~ng Instructions, Official Statements, Officml Bid Forms and such other documents as may be reqmred · Arrangmg for successful marketmg of Debt ~nstruments · Prowdmg the City w~th a supply of documents sufficient to its needs · Providing sufficient copies of final Official Statements to the purchase of debt instruments in accordance with Notices of Sale and Bidding Instructions · Assisting City staff in coordinating the receipt and tabulation and comparison of bids and adwslng the City as to the best b~d · Assisting the C~ty in the preparation or verification of final closing figures incident to the delivery of, and payment for, debt Instruments · Serving as ha~son w~th Bond Counsel m the preparation of all legal documents pertaimng to the authorization, sale and issuance of debt instruments · Dehvenng to the City a schedule of annual debt service requirements of debt ~nstmments · Working with the City m developing financial feasiblhty studies and analyzing alternative financing plans · Providing any other financing planning services as may be requested by the City PRIOR ACTION/REVIEW The contract was reviewed by the Debt Committee at their meeting on September 25, 2000 They unanimously agreed to forward the contract to Council for approval FISCAL INFORMATION There is no funding reqmrement regarding the renewal of this contract All fees are pa~d on the basis of the services performed as required by the issuance of debt or sale of City bonds Respectfully submitted 15~na G Ortiz Director of Fiscal Operations attachments ORDINANCE NO AN ORDINANCE APPROVING THE CITY MANAGER TO EXECUTE A FINANCIAL ADVISORY AREEMENT BETWEEN THE CITY OF DENTON AND FIRST SOUTHWEST COMPANY, AUTHOP, JZING THE MAYOR TO EXECUTE THE CONTRACT, APPROVING THE EXPENDITLrRE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty Council hereby approves the F,nanctal Adwsory Agreement, attached hereto, between the C~ty of Denton and F~rst Southwest Company, and the Mayor ~s hereby authorized to execute the agreement on behalf of the Ctty SECTION 2 The C~ty Counc, l approves the expenditure of funds for smd agreement as authorized m the attached agreement SE(~TION 3 Ttus ordinance 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~T9 LEGAL FORM FINANCIAL ADVISORY AGREEMENT By and Between CITY OF DENTON, TEXAS (Here~n referred to as the "C~ty") and FIRST SOUTHWEST COMPANY It is understood that the City will have consideration from time to time the authonzaUon and issuance of indebtedness in amounts and forms which cannot presently be determined and that m connection with the authorization, sale, issuance and delivery of such indebtedness of the City, we have been requested to submit a proposal to provide professional services to the City in the capacity of Financial Advisor We are pleased to comply with this request and submit the following proposal for consideration This proposal, if accepted by the City, shall become the agreement (the "Agreement") between the Clty and First Southwest Company effective at the date of its acceptance as provided for herein below A This agreement shall apply to any and all evidences of indebtedness or debt obhgat~ons that may be authorized and issued or otherwise created or assumed by the City (heremafter referred to collect~vely as the "Debt Instruments") from time to time dunng the penod ~n which this Agreement shall be effective B We agree to provide our professional services and our faclht~es as Financial Advisor and agree to direct and coordinate all programs of financmg as may be considered and authonzed dunng the penod in which this Agreement shall be effecUve and to assume and pay those expenses set out in Appendix A, provided, however, that our obligations to pay expenses shall not mchide any costs incident to lltlgatxon, mandamus action, test case or other smnlar legal actions C We agree to perform the following duties normally performed by such financial advisors and all other duties as, in our judgment, may be necessary or advisable 1 We will conduct a survey of the financial resources of the City to determine the extent of ~ts capacity to authorize, issue and service debt This survey will include an analyms of the eXlsUng debt structure as compared with the ex~stmg and projected sources of revenues which may be pledged to secure payment of debt service and, where appropnate, wall include a study of the trend of the assessed valuation, taxing power and present and future taxing requirements of the C~ty In the event revenues of existing or projected facilities operated by the City are to be pledged to repayment of the Deb~ Instruments then under conslderanon, the survey will take into account any outstandmg indebtedness payable from the revenues thereof, additional revenues to be available from any proposed rate increases and addmonal revenues, as projected by consulting engineers employed by the City, resulting from improvements to be financed by the Debt Instruments under consideration We will also take rote account future financing needs and operations as projected by the City's staff and consulting engineers or other experts, if any, employed by the City 2 On the basis of the mformat~on developed by the survey described above, and other mformatlon and experience available to us, we will submit to the City our recommendations on the Debt Instruments under consideration including such elements as the date of issue, Interest payment dates, schedule of pnnclpal maturities, options of pnor payment, secunty provisions, and any other adchuonal provisions designed to make the ~ssue attractive to investors AIl recommendations will be based upon our professional judgment and marketing expenence with the goal of designing Debt Instruments which can be sold under terms most advantageous to the City and at the lowest ~nterest cost consistent with all other considerations 3 We will advise the C~ty of current bond market condmons, forthcoming bond issues and other general reformation and economic data wluch rmght normally be expected to influence ~nterest rate or b~dd~ng conditions so that the date of sale of the Debt Instruments may be set at a time which ~n our op~mon, and yours, will be favorable 4 We understand the City has retained, or will retmn, a firm ofmumclpal bond attorneys ("Bond Counsel") whose fees will be prod by the C~ty In the event it ~s necessary to hold an elect~on to authorize the Debt Instruments then under consideration, we will assist xn coordinating the assembly and transmittal to bond Counsel of such data as may be required for the preparation of necessary petmons, orders, resolutions, ordinances, notices and certificates ~n cormectlon w~th the election 5 We will recommend the method of sale of the Debt Instruments that, ~n our oplmon, ~s in the best interest of the City and will proceed, as directed by the City, with one of the £ollowm§ methods a Advertised Sale We will supervise the sale of the Debt Instruments at a pubhc sale m accordance with procedures set out herein We reserve the right, etther acting alone or m conjunction with others, to submit a bid for any debt Instruments issued under ttus Agreement which the C~ty advertises for competitive bids b Nec, ot~ated Sale We will recommend one or more investment banking firms as managers of an underwntmg syndicate for the purpose of negotmtmg the purchase of the Debt Instruments and m no event will we pamclpate either direct or indirectly m the underwnUng of the Debt Instruments We will collaborate w~th any managing underwriter selected and Counsel to the underwriters, ~n the preparation of the Official Statement or Offering Memorandum We will cooperate with the underwriters in obtmmng any Blue Sky Memorandum and Legal Investment Survey, preparation of the Bond Purchase Contract, Underwriters Agreement and any other related documents The costs thereof, including the pnntmg of the documents, w~ll be paid by the underwriters 6 When appropriate, we will advise financial publications of the forthc0mlng sale of the Debt Instnnnents and prowde them with all pertinent mfom~atlon 7 We will coordinate the preparation of the Notice of Sale and Bidding Instructions, Official Statement, Official Bid Form and such other documents as may be required We will submit to the City all such documents for examination, approval and certification After such examination, approval and certification, we will provide the City with a supply of all such documents sufficient to its needs and will distribute by mil sets of the same to prospective bidders and to banks, life, fire and casualty insurance compames, investment counselors and other prospective purchasers of the Debt Instruments We will also provide sufficient copies of the final Official Statement to the purchaser of the Debt Instruments in accordance with the Notice of Sale and B~ddmg Instructions 8 We will, after consulting with the City, arrange for such reports and op~mons of recognized independent consultants we deem necessary and required in the successful marketing of the Debt Instruments 9 Subject to the approval of the City, we will orgamze and make arrangements for such investor reformation meetings as, in our judgment, may be necessary 10 We will make recommendations to the City as to the advisability of obtaining a credit rating, or ratings, for the Debt Instruments and, when directed by the City, we will coordinate the preparation of such information as, in our oplmun, is required for submlsslon to the rating agency, or agencies In those eases where the advisability of personal presentatlun of mformauon to the rating agency, or agencies, may be indicated, we will arrange for such personal presentations, mcluchng representaUves from flae City. 11 We will assist the staff of the C~ty at any advertised sale of Debt Instruments in eoordmaung the receipt and tabulation and comparison of bids and we will advise the City as to the best bid We will provide the City with our recommendation as to acceptance or rejection of such bid 12 As soon as a bid for the Debt Instruments is accepted by the C~ty, we will proceed to coordinate the efforts of all concerned to the end that the Debt Instruments may be delivered and paid for as expe&uously as possible We shall assist the City in thc preparation or verification of final closing figures incident to the delivery of, and payment for, the Debt Instruments 13 We will mmntam ha~son with Bond Counsel in the preparation of all legal documents pertaining to the authonzaUon, sale and issuance of the Debt Instnmaents Bond Counsel will provide an unqualified legal opinion as to the legality of the issuance of the Debt Instruments at the time of delivery 14 If requested, we will counsel with the City m the selection of a Trustee and Paying Agent/Registrar for the Debt Instruments, and we will assist in the preparation of agreements pertinent to these services and the fees incident thereto 15 In the event formal verification by an independent anthtor of any calculations incident to the Debt Instruments is required, we will make arrangements for such services 16 We agree to coordinate all work incident to pnntlng and execution of the Debt Instruments 17 After the closing of the sale and delivery of the Debt Instruments, we will deliver to the City a schedule of annual debt service requirements of the Debt Instruments In coordination with Bond Counsel, we will assure that the Paying Agent/Registrar has been provided w~th a copy of the authorizing ordinance, order or resolution 18 We will attend any and all meetings of the govermng body of the City, its staff, representatives or committees as requested at all times when we may be of assistance or service and the subject of financing is to be discussed 19 In concert with Bond Counsel we will advise the City and its staff of changes, proposed or enacted, m Federal and State laws and regulations wluch would affect the mumcipal bond market 20 We will work with the City, its staff and any consultants employed by the City in developing ftnanclal feaslbfllty studies and analyzing altematlve ftnanclng plans D In addmon to the servleas set out above, we agree to provide the following services when so requested 1 From time to time, as an incident to the other services provided hereunder as financial advisor, we may purchase such investments as may be directed and authorized by the City to be purchased, it being understood that we will be compensated m the normal and customary manner for each such transaction m an amount approved by the City In any instance wherein we may become entitled to receive fees or other compensation in any form from a tlurd party with respect to these investment aetlvmes on behalf of the City, we will chsclose to the City the nature and, to the extent such is known, the amount of any such eompensauon so that the City may consider the information m making its investment decision It is understood and agreed that First Southwest Company is a duly licensed broker/dealer and is affihated with First Southwest Asset Management, Inc ("FSAMI"), a duly registered investment advisor The City may, from time to time, utilize our broker/dealer services and/or the investment advisory services of FSAMI with respect to matters which do not involve or affect the financlal adwsory services referenced in tins Agreement The terms and conditions of the engagement of First Southwest Company and/or FSAMI to provide such sermces shall be determined by mutual agreement at the t~me such services are requested 2 We will provide our advice and assistance with regard to exercising call and/or refunding of any outstanding Debt Instruments 3 We will provide our advice and assistance m the development of, and financing for, any capital improvements programs of the City 4 We will provide our advice and assistance m the development of the long-range financing plan of the City 5 We will provide any other financing planmng services as may be requested by the City E The fee due to First Southwest Company calculated m accordance with Appendix A attached hereto, any other fees as may be mutually agreed upon and all expenses for which First Southwest Company is entitled to reimbursement, shall become due and payable concurrently with the delivery of the Debt Instruments to the purchaser F This Agreement shall become effective at the date of acceptance by the City set out herein below and shall remain m effect thereai~er for a period of five (5) years fxom the date of acceptance This Agreement will be automatically renewed for successive one (1) year periods on each anmversary date unless otherwise terminated, in writing, by either party This Agreement may be terminated without cause by the City or First Southwest upon thltty (30) days' written notice to the other party In the event of such ,tenmnation, it is understood and agreed that only the amount due First Southwest for services provided and expenses incurred to the date of termmation wall be due and payable No penalty w~ll be assessed for termination of tins Agreement Tins Agreement is submitted m duplicate originals When accepted by the City, it, together w~th Appendix A attached hereto, will constitute the entire Agreement between the City and First Southwest Company for the purposes and considerations hereto specified Acceptance will be indicated by the signature of authorized officials of the City together with the date of acceptance on both copies and the return of one executed copy to First Southwest Company Respectfully submitted, FIRST SOUTHWEST COMPANY By ACCEPTANCE CLAUSE The above and foregoing is hereby in all tlungs accepted and approved by the ClW of Denton. Texas on th~s the day of , 2000, by action of the City of Denton, Texas By MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL;FORM HERBERTBy~~YOUTY, C Y ATTORNEY APPENDIX A CITY OF DENTON, TEXAS FEE SCHEDULE AND EXPENSE ITEMS In consideration for the services rendered by us, it is understood and agreed that our fee for each issue of Debt Instruments will be as follows Baze Fee - Any Issue $ 5,000 Plus $7 50 per $1,000 up to $ 500,000 Plus $5 00 per $1,000 next $ 500,000 Plus $3 O0 per $1,000 next $ 1,500,000 Plus $2 50 per $1,000 next $ 2,500,000 Plus $1 75 per $1,000 next $ 5,000,000 Plus $1 O0 per $1,000 next $10,000,000 Plus $0 75 per $1,000 next $10,000,000 Plus $0 50 per $1,000 next $20,000,000 Plus $0 40 per $1,000 next $50,000,000 The above charges shall be increased by an additional charge, mutually agreeable to the City and the Company for the issuance of refunding bonds, reflecting additional services and expenses required The City will be responsible for the payment of the expenses listed below The payment of rennbursable expenses that the Company has assumed on behalf of the City shall not be contingent upon the Delivery of the Debt Instruments Bond counsel · Bond pnntlng · Bond ratings · Credit enhancement · Offimal statement pnntlng and postage · Paymg agenffreg~strar/trustee · Travel expenses of C~ty personnel · Travel expenses of Company's personnel, with prior approval · Miscellaneous, including copy, delivery Normally associated with Refundlne Bond Issues · Computer structunng · Underwriter and underwriters counsel AGENDA INFORMATION SHEET AGENDA DATE. October 17, 2000 DEPARTMENT: F~scal Operatmns ACM' Kathy DuBose ~? F~scal and Mumc~pal Serwces SUBJECT Consider approval of an ordinance approwng a Bond Counsel contract between the C~ty of Denton and McCall, Parkhurst & Horton, L L P, anthonzmg the Mayor to execute the contract, approwng the expenditure of funds therefore, and providing for an effective date BACKGROUND McCall, Parkhurst & Horton, L L P, ~s the C~ty's bond counsel and has been for over 30 years As bond counsel, they prepare and d~rect the legal proceedings and perform other necessary legal services m connection w~th the authorization, ~ssuance, and delivery of Caty bonds, ~nclud~ng the following · Prepare all resolutions, ordinances, and other ~nstmments pursuant to which the Bonds will be anthonzed, ~ssued, dehvered and secured, including elect~on proceedings, ff necessary, ~n cooperation and upon consultation w~th the C~ty Council, their consultants, and other legal and financial advisors and consultants of the C~ty, · Attend meetings of the C~ty Council with reference to the authorization and issuance of the Bonds to the extent reqmred or requested, · Submit the Bond transcript to the Pubhc Finance D~v~s~on of the Attorney General's office and obtain all necessary approvals, · Supervise the execution of the Bonds and the delivery thereof to the purchasers, · When so dehvered, g~ve an approving opimon covenng the validity of the Bonds and the exemption of interest thereon from federal ~ncome taxes, ~t beang understood that the approving op~mon will be fully acceptable nataonally ~n regular commercial investment banking bond marketing channels, In addition, ff dunng the issuance of Bonds any ht~gatlon should develop regarding the ~ssuanqe of the Bonds or the prows~ons made for their payment or security, they will consult, advise, and cooperate w~th the C~ty and ~ts attorneys concerning any such ht~gataon Flnally~ the firm will undertake upon the request of the C~ty such services as may be necessary to asmst the City ~n satlsfymg the continuing disclosure requirements of Rule 15e2- 12 promulgated by the Securities and Exchange Commission or any necessary d~sclosure obhgattons of the Ctty m connection w~th the ~ssuance of Bonds PRIOR ACTION/REVIEW The contract was reviewed by the Debt Committee at their meettng on September 25, 2000 They unammously agreed to forward the contract to council for approval FISCAL INFORMATION There lS no funchng reqmrement regarding the renewal of th~s contract All fees are prod on the basis of the servmes performed as required by the issuance of debt or (sale of City bonds) Respectfully submitted D~rector of F~scal Operations attachments S \Our Documents\Ord~nances\00\Bond Counsel Ordinance doc ORDINANCE NO AN ORDINANCE APPROVING A BOND COUNSEL CONTRACT BETWEEN THE CITY OF DENTON AND MCCALL, PARKHURST & HORTON, L L P, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Section 1 That the City Council hereby approves the Bond Counsel Contract, attached hereto, between the City of Denton and McCall, Parkhurst & Horton, L L P, to provide all usual and necessary legal services as Bond Counsel in accordance with said agreement and the Mayor is hereby authorized to execute the agreement on behalf of the City Section 2 That the City Council approves the expenditure of funds for saad agreement as authorized m the attached agreement Section 3 That tins ordinance shall become effective xmmedlately upon ~ts passage and approval PASSED AND APPROVED ttus 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\Contracts\00XBond Counsel Contract doc STATE OF TEXAS § COUNTY OF DENTON § BOND COUNSEL CONTRACT THIS CONTRACT is made and entered into by and between the City of Denton, 215 E McKanney, Denton, Texas 76201 ("CITY"), actang herein by and through its govermng body, and McCall, Parkhurst & Horton, L L P ("FIRM") I. EMPLOYMENT OF FIRM CITY agrees to employ and does hereby employ FIRM to perform the duties of Bond Counsel as described m Exhibit "A" attached hereto and incorporated herein as if set forth at length, for the fees set forth m Exinint "A" Provided, however, nothing herein shall require the CITY to pay for serrates wluch are not performed in comphance with the terms and conditions of this contract II TERM The term of tins Contract shall begin on the date this Contract is executed and extend to September 30, 2005 CITY or FIRM may sooner terminate this Contract by giving (30) thirty days written notme of smd termination to the other party In the event of termlnataon by the CITY, the CITY shall pay FIRM for any services winch it has performed up to the date of dehvery of the written notice to FIRM in accordance with the terms and condttlons of tins contract Upon receipt of the notme of termanatlon, FIRM shall cease all services hereunder III. NOTICE Any notice or other written instrument required or permitted to be delivered pursuant to the terms of this Contract shall be deemed to have been delivered, whether actually received or not, when deposited m the United States mml, postage prepmd, registered or certified, return receipt requested, addressed to CITY or FIRM, as the case may be, at the following addresses CITY FIRM C~ty of Denton McCall, Parkhurst & Horton L L P ATTN C~ty Manager 717 North Harwood, 9th Floor 215 E MclQnney Dallas, TX 75201-6587 Denton, TX 76201 E~ther party may change its manhng address by sending not,ce of change of address to the other at the above address by cemfied mml, retum receipt requested IV. VENUE The germs, obhgatlons and reqmrements of this Contract shall be construed in accordance with the laws of the State of Texas The obligations and requirements of the parties hereto are performable m Denton County, Texas Any litigation involving thts Contract shall be tried m a court of competent jurisdiction sitting in Denton, County, Texas V. ACCEPTANCE OF EMPLOYMENT In consideration of the terms, covenants and mutual agreements herelnabove stated, FIRM hereby accepts the employment of CITY and undertakes the performance of this Contract as above stated VI. AMENDMENT OF CONTRACT Any amendments to this Contract shall be in writing, signed by both parties VII. ASSIGNMENT It ~s understood and agreed that this is a professional services contract and CITY rs contracting for the umque sermccs of FIRM FIRM'S rights and responslblhtics under flus Contract may nat be assigned by FIRM to another law firm without prior written approval of the assignment by City VIII INDEPENDENT CONTRACTOR The FIRM shall perform all serwces as an independent contractor not under the d~rect supervision and control of the CITY Nothing herein shall be construed as creating a relationship of employer and employee between the parties Nothing herein creates any rights or remedies for persons who are not pames to tbas contract IX PROFESSIONAL LIABILITY INSURANCE Dunng the term of this Contract, FIRM shall mmntaln in full force and effect a professional liability policy w~th an insurance company licensed to do business in the state of Texas in an amount not less than one mflhon dollars ($1,000,000 00) Smd professional habfllty insurance shall provide coverage for any and all clmms, actions, suits or proceechngs of any kind brought by a thrrd party wlunh results d~rectly or indirectly from errors or omissions of FIRM X COMPLIANCE WITH LAWS Firm shall comply with all federal, state and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended, including without hm~tat~on, the Texas Disciplinary Rules of Professional Conduct XI PERSONNEL F~rm represents that ~t has or wall secure at their own expense all personnel reqmred to perform all servmes reqmred pursuant to th~s contract All serwces required hereunder wall be performed by FIRM or under ~ts supervmlon All personnel engaged in the perfornlance of services pursuant to thts contract shall be qualffied and shall be anthonzed by law to perform such services XII. CAPTIONS The captions appearing at the first of each numbered sectmn are inserted and included solely for convemenee and shall never be considered or g~ven any effect ~n constrmng th~s contract Th~s Contract ~s executed on behalf of CITY by the pres~dlng officer of ~ts governing body who ~s authorized to execute th~s ~nstmment by order heretofore passed and duly recorded ~n ~ts nnnntes and by a partner of FIRM who, by cxecutmn of th~s Contract, represents and warrants that he or she has the authonty to execute th~s document on behalf of FIRM WITNESS the s~gnature of all part,es hereto ~n duphcate originals th~s the __ day of ., 2000, Denton County, Texas CITY OF DENTON, TEXAS MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM McCALL, PARKHURST & HORTON, L L P MCCALL PARKHURST ~ HORTON L LP 600 CONGRESS AVENUE 717 NORTH HARWOOD 700 N ST friARY S STREET AUSTIN TEXAS 787013~48 DALLAS TEXAS 75~016587 SAN ANTONIO TEXAS 78205 3503 September 25, 2000 Mayor and Members of the City Council City of Denton 215 E McKmney Street Denton, Texas 76201 Re Engagement as Bond Counsel Dear Mayor and Members of the City Council This letter is subnutted to state our fees and describe the legal services of McCall, Parkhurst & Horton LLP In performing the duties of Bond Counsel for the City with reference to the issuance ofthe City's bonds and other debt obligations (the "Bonds") Generally, we vall perform all usual and necessary legal services as Bond Counsel In connection with the authorization, issuance, and dehvery of the Bonds Specifically, we wdl prepare and direct the legal proceedings and perform the other necessary legal services with reference to the authorization, issuance, and delivery of the Bonds, including the follovang Prepare all resolutions, ordinances, and other instruments pursuant to which the Bonds will be authorized, issued, delivered and secured, including election proceedtags, xf necessary, in cooperation and upon consultation with the City Council, their consultants, and other legal and financial advisors and consultants of the City 2 Attend meetxngs of the City Council with reference to the authorization and issuance of the Bonds to the extent required or requested 3 Cooperate with the C~ty Council and all other interested parties in the sale of the Bonds to the purchasers 4 Subnut the Bond transcript to the Public Finance Division of the Attorney General's office and obtain all necessary approvals 5 Supervise the execution of the Bonds and the delivery thereof to the purchasers 6 When so delivered, give our approving opinion covering the vahdlty of the Bonds and the exemption of interest thereon from federal income taxes, it being understood that the approving opinion will be fully acceptable nationally in regular commercial investment banlang bond marketing channels The fee covering the legal serwces of this firm, as Bond Counsel, for the issuance of the Bonds, m one or more installments, is as follows $5,000 for the first nulhon dollars of Bonds, $1 00 per $1,000 of Bonds thereafter Also, we would expect to be reunbursed for our actual out-of-pocket expenses reasonably and necessarily ~ncorred m connection Wlth the anthonzatlon, ~ssuance, and dehver5 of such Bonds ~ e travel, photocopies, courier, Form 8038G filing and the Attorney General's filing fee Our fees and expenses will be payable w~thm 30 days after the dehvery of and payment for such Bonds, but our fees are wholly contingent upon actual delivery of such Bonds The foregoing legal services as Bond Counsel do not include any d~reet responsibility for any kind of lmgataon However, if dunng the ~ssuance of Bonds any litigation should develop regarding the ~ssuanee of the Bonds or the provisions made for their payment or security, we will consult, adwse, and cooperate with the City and ItS attorneys concerning any such lmgatlon Our fees for such services would be based upon the customary hourly bllhng rates of the attorneys providing such additional services The firm will undertake upon the request of the City such services as may be necessary to assist the City ~n sattsfymg the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Conumss~on or any necessary disclosure obhgatlons of the C~ty in connection w~th the ~ssuanee of Bonds Our fees for such services would be based upon the customary hourly billing rates of the attorneys prov~dmg such services Such rates are $250 per hour for partners and $150 per hour for associates Should it be necessary for the firm to render a written opinion with respect to such matters, such fee for legal services provided In connection w~th the dehvery of the opinion will be set at an amount agreed upon by us and the City Our services as Bond Counsel do not include any responslblhty for investigating the financial condition and affairs of the City Our approving legal opinion as Bond Counsel uall contam a paragraph substantially to the effect that we have acted as Bond Counsel for the City for the sole purpose of rendering an opinion with respect to the legahty and vahdlty of the Bonds under the Constitution and laws of the State of Texas, and w~th respect to the exemption of the interest on the Bonds from federal income taxes, and for no other reason or purpose The paragraph wdl also d~sclose that we have not been requested to investigate or verl~, and have not mvestlgated or vended, any records, data, or other material relating to the financial condition or capablht~es of the City, and have not assumed any responslbd~ty with respect thereto Respectfully submitted, McCALL, PARKHURST & HORTON L L P L~a, III 2 ACCEPTED THIS THE __ DAY OF ___, 2000 CITY OF DENTON, TEXAS By Mayor 3 Agenda Item--~~ AGENDA INFORMATION SHEET AGENDA DATE: October 17, 2000 DEPARTMENT: Parks and Recreation ACM: Dawd Hill, Assistant City Manager SUBJECT: Consider an ordinance authorizing the City Manager, or Ins designee, to execute an Agreement wth Doggett Enterprises, Ine for the Denton Friday Night Program, and prowdmg an effective date BACKGROUND: The Parks and Recreation Depathuent resumed its popular weekly teen mght on Friday, August 18, 2000 at the Denton Ciwc Center Tbas is the fifth year that the Civic Center "rocks" for ktds 9-14 years old every Friday mght from 7 - 11 p m during the school year More than 200 teens and pre-teens, on average, attend each week Admission is $7, and aCtlWties include a live DJ, duncmg and sports competitions, activities, and a different featured attraction weekly Concessions are sold for a nominal additional charge Denton Friday Night is operated under contract by Jonathan Doggett, Doggett Enterprises, Plano, Texas The City of Denton receives $1 f~om the contractor for each attendee In exchange, the Parks and Recreation Depa~haent prowdes the venue free of charge and assists with the publicity of the event, including flyer distribution through DISD The program is under the supervision of Myra Anderson, Cixac Center Supervisor OPTIONS; Council options include the approval or darnel of the ordinance and agreement as subn~tted Council may also opt to modify the agreement to include additional or mothfied reqmrements RECOMMENDATION: Staff recommends approval of the ordinance and agreement as subn~tted wtuch is consistent with agreements for other co-sponsored programs ESTIMATED SCHEDULE OF PROJECT: The program will be offered every Friday mght f~om 7 - 11 p va at the Denton C~vic Center, vath a few, exceptions for other act~wt~es prewously scheduled PRIOR ACTION/REVIEW: The Park Board unammously recommended the renewal of the contract w~th Doggett Ent~lcn~ses at thetr last Board meeting on August 24, 2000 Please see attached minutes FISCAL INFORMATION: Tlus actmn has no unpact on the City's General Fund budget All costs and revenue f~om flus actaon vail solely trapact the Recreatmn Fund EXHIBITS: P Ordm~ce ~' Contract ~ Park Board Minutes Respectfully submitted Ed Hodney, Dlrector/~ Parks and Recreation Department Prepared by S \Our Documents\Ordinanees\00~Doggett friday mght ord doc ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT WITH DOGGETT ENTERPRISES, 1NC FOR THE DENTON FRIDAY NIGHT PROGRAM, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authorized to execute an Agreement for w~th Doggett Enterprises, Inc for the Denton Friday N~ght Program, a copy of which Agreement ~s attached hereto and Incorporated herein SECTION 2 This orchnanee shall become effective immediately 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 PROGRAM AGREEMENT The CITY OF DENTON (Lessor), a mummpal corporation, located ~n Denton County, Texas, and DOGGETT ENTERPRISES, 1NC, a Texas Corporatton (Lessee), whose pnnctpal office ~s located at 29~9 Robin Road, Plano, Dallas County, Texas, ~n consideration of the mutual promises and covenants contmned hereto, do hereby AGREE as follows 1 The Contract Premises. For purposes hereof, the term Contract Premmes shall consmt of that port~on of the C~ty of Denton facility located at 321 East MclCdnney, Denton, Texas and commonly known as the Denton Clwc Center, specifically described as follows, to w~t a the ma~n lobby b the auchtonum c the conference room d the concession area 2 Lessee's Access to Contract Premases Lessee shall have exclusive use of the Contract Prermses each Friday mght dunng the term hereof, from the hours of 7 00 p m until 11 00 p m, ~n order to conduct ~ts Youth Actlwty Program act~wt~es hereunder Further, Lessee shall have nonexcluslve access to the Contract Premises for the one (1) hour immediately preceding and the one (1) hour ~mmed~atety following each such period for the limited purposes of setting up and cleaning up the Contract Premises Lessee shall have no right of access to the Contract Premises at any other t~mes 3 Temporary Suspension of Lessee's Use. Lessor and Lessee agree that the Lessor shall have the right from t~me to t~me, upon s~xty (60) days written not,ce to Lessee, to suspend Lessee's right hereunder to possession of the Contract Premises ~n the event such Premises become necessary, ~n the sole oplmon and d~seretlon of Lessor, for other City act~wtles or functions In the event of such temporary suspension, the Lessor shall use reasonable efforts to reschedule Lessee's use of the Contract Premmes at another avmlable date In no event, however, shall any such temporary suspension give nsc to any clmm agmnst the Lessor by Lessee, whether for damages, lost profits, costs, overhead, or otherwse 4 Youth Activity Program For purposes hereof, the term Youth Act~wty Program shall mean orgamzed, supervised youth act~wt~es including, but not hm~ted, to the following a Game act~vtues, such as volleyball, basketball, walleyball, dancing, p~ng-pong, wdeo games as permitted, relay games, etc, b Audao and wdeo act~wt~es, ~ncludang performances of persons to coordinate or threct the playing of records, wdeos, laser d~scs, etc, c Concession act~wt~es, ~ncluding the sale of soft dnnks, sandwiches, ctups, candy, pennants, tee-shirts, etc, and d Advertlsmg and marketing promotions d~rectly related to the Youth Activity Program 5 Restrictions on Lessee's Use. Lessee shall operate or utthze the Contract Premises for no purpose other than the Youth Activity Program defined here~n, wluch shall be expressly subject to the following restrictions a All partm~pants ~n the Youth Act~wty Program shall be ~n the range fi.om rune (9) through fourteen (14) years of age b No more than slx hundred (600) persons shall be permitted by Lessee to occupy the Contract Premises at any t~me c Lessee shall make food and dnnk concessions avmlable dtmng the hours of operation Prior to the commencement thereof, Lessee shall submit for approval by Lessor a schedule of proposed menu aems and prices Thereafter, any proposed menu or price change shall be submitted to the Lessor for prior approval d Lessee shall prowde adequate supervision of the program participants at all times All of Lessee's supervisors, including the S~te Manager and the Activities Coordinator, shall be at least eighteen (18) years of age Lessee shall at all times staff supervisors at a ratio of not less than one (1) supervisor to every thirty (30) Youth Achwty Program participants e Lessee shall prowde and pay for adequate security at all times Such sectmty shall include, at a m~mmum, one (1) off-duty officer of the Denton Police Department f Lessee shall conduct the activities prowded for herein on each Friday mght from 7 00 p m to 11 00 p m dunng the term hereof, save only for legal holidays, upon wfuch Lessee shall not be required to conduct its activities g Lessee shall at all times conduct its activities provided for hereunder in a wholesome, diligent, tasteful, and efficient manner h Preparation of the Contract Premises for Lessee's activ~t~es and clean up of the Contract Premises following such activities shall be the sole responmbdlty and at the sole expense of Lessee Lessee agrees that it will, following each use of the Contract Premises, restore same to as good a condition as existed prior to such use by Lessee Lessee shall not cause or permit any illegal activity to be conducted upon the Contract Premises j Lessee shall be allowed to use and d~splay its company logo banner each night of Page 2 of 6 sand event k Lessee shall make no changes, modifications, or structural alterations to the Contract Premises without the prior written consent of Lessor Lessee shall be responsible for any and all damages to the Contract Premises resulting from the use or occupancy thereof by Lessee, its agents, servants, or lnvitees 6 Term of Program Agreement The term of this Program Agreement shall be for a period of one (1) year, commencing August 10, 2000 and ending August 31, 2001 Lessor and Lessee agree that tlus Agreement shall be renewable for two successive one (1) year terms, upon such terms, covenants, conditions and eonslderataons as Lessor and Lessee may later agree upon, and subject to the mnety (90) day notice by Lessee contained in paragraph 14 herembelow 7 Payment to Lessor As payment for the rights granted hereunder, Lessee agrees to pay to the Lessor dunng the term hereof an amount equal to one dollar ($1 00) per pand attendee received by Lessee as admission or participation fees per scheduled event A munmum of one~ hundred fifty dollars ($150 00) per scheduled event, regardless of attendance, will be pand by Lessee to the Lessor begmmng six (6) months from the date of the first Youth Activity Program event held Provided, however, the munmum $150 00 per event payment to Lessor shall not apply to any scheduled event held by Lessee during the tame the Denton Independent School District is dismissed for the summer months All such sums due and payable by Lessee to the Lessor shall be paid on a monthly basis, post marked no later than five (5) working days following the last event of each month Any payment received by Lessor after this payment due date shall include an additional late fee of $20 00 Lessee agrees that Lessor shall have the right, upon reasonable notice, and at Lessor's expense, to audit all books and records of Lessee to determine Lessee's compliance with the payment provisions set forth in tins paragraph 8 Protection Against Accident to Employees and the Public. The Lessee shall at all times exercise reasonable precautions for the safety of employees and others on or near the Contract Premises and shall fully comply with all applicable provisions of Federal, State, and Municipal safety laws 9 Laws and Ordinances The Lessee shall at all times observe and comply with all Federal, State, and local laws, ordinances, and regulations, which m any manner affect the Lessee, or Lessee's work with the Youth Activity Program, and shall indemnify and save harmless the Lessor agannst any and all claims arising from the violation of any such laws, ordinances, and regulations whether by the Lessee or 1ts employees 10 Venue The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of tins Program Agreement The exclusive venue for any legal proceedings involving tlus Program Agreement shall be in Denton, Denton County, Texas 11 Assignment and Subletting The Lessee shall have the right to assign or sublet its rights hereunder to a qualified franchisee (with liability on assignment to a franchisee), which assignment or sublease must be approved in writing, by the Director of Parks and Recreation of the Page 3 of 6 C~ty of Denton, Texas 12 Notices All notices to the Lessor shall be sent to Kathy Mosby, Supenntendent of Parks and Recreation C~ty of Denton, Texas 321 East McKmney Denton, Texas 76201 Notices to the Lessee shall be sent to Jonathan Doggett, President Doggett Enterprises, [nc 2969 Robin Road Plano, Texas 75075 13 Default. In the event of default by Lessee, Lessor shall prowde Lessee w~th tlurty (30) days written not.ce of default ~n wluch to cure any such default If any such default ~s not cured by Lessee wlttun the time permitted, then the Lessor may elect to termtnate th~s Program Agreement upon further written notme to the Lessee 14 Options Should Lessee desire to renew th~s Program Agreement, Lessee shall g~ve Lessor at least mnety (90) days written notme of ~ts desire to renew, pnor to the expiration of tbas Program Agreement's term Add~tmnally, each party shall have the option to terminate th~s Program Agreement upon stxty (60) days wntten notme to the other party w~th or w~thout cause 15 Indemnification. The Lessee shall defend, mdemmfy, and hold harmless the Lessor and ~ts officers, agents, and employees fi.om and against all damages, habthty, injuries 0ncluthng death), clmms, property damages (including loss of use), losses, demands, stats, judgments, and costs, including reasonable attorney's fees and expenses, m any way arising out of or resulting fi.om the performance of tlus Program Agreement, or caused by the neghgent act or omission of the Lessee, ~ts officers, agents, employees, subcontractors, or mmtees 16 Insurance and Certffieates of Insurance W~thout hm~tmg any of the other obhgat~ons or habfl~t~es of the Lessee, the Lessee shall, dunng the term of the Agreement, purchase and mmntmn the hereinafter stipulated m~mmum msurance coverage w~th compames duly hcensed to write business m the State of Texas, and rated "A-" or better by A M Best The Lessor shall be named as an additional ~nsured on all reqmred insurance pobc~es except Workers' Compensation Vahd Certfficates of Insurance for each pohcy covenng the Lessee and subcontractors, together w~th a statement by the msumg company to the extent that smd pohc~es shall not be cancelled w~thout tlurty (30) days' prior notme being g~ven the Lessor, shall be dehvered to the Lessor and rewewed for sufficiency by the Lessor's R~sk Manager before th~s Agreement ~s executed or any act~wt~es commenced under th~s Program Agreement, to wtt a Workers' Compensation as reqmred by Texas law w~th the pohcy endorsed to Page 4 of 6 prowde a waiver of subrogation as to the Lessor, Employer's L~abfl~ty ~nsurance of not less than one-hundred thousand dollars ($100,000) for each accident b Coinmerc~al General Llab~hty Insurance, ~nclud~ng Independent Contractor's Llablhty, completed OperatJons and Contractual Llabthty, covenng but not limited to the hablhty assumed under the lndemmficat~on prows~ons of tins Agreement, fully ~nsunng Lessee's hab~hty for ~njury to or death of owners, employees, and tinrd part~es, extended to ~nclude personal injury hablllty coverage, and for damage to property of thtrd part, es, w~th the following hm~ts General Aggregate $600,000 Products, Completed Operations Aggregate 600,000 Each Occurrence 300,000 Medical Expense 5,000 Personal and Advert~mng InJury 300,000 Fire Damage 25,000 Lessee's msurance coverage shall be primary and shall be endorsed so as to provide a watver of subrogataon ~n favor of the Lessor The Commercial General L~ab~hty Insurance Pohcy should be endorsed using Endorsement No CG20 09 11 85 Deductibles on each reqmred ~nsurance pohcy ~n tlus paragraph shall be no greater than five thousand dollars ($5,000) The Lessee shall be responsible for the payment of all deductibles, and agrees to keep all such insurance coverage ~n full force and effect dunng the term of tins Program Agreement 17 Hindrances and Delays. No clmms shall be made agmnst Lessor by the Lessee for damages resulting from lundrances or delays from any cause dunng the progress of any portmn of the operations or act~wtaes embraced m this Program Agreement 18 Binding Effect Th~s Agreement shall be Innd~ng upon the part, es hereto, their successors, heirs, personal representatives, and assigns The D~rector of the Denton Parks and Recreation Department ~s designated as the representative of the C~ty of Denton to adm~mster the provisions of tbas Program Agreement 19 Captions The captions of the sections and paragraphs of this agreement are for ~nformataonal proposes only, and shall not m any way affect the substantive terms or conditions of th~s agreement EXECUTED ttus the day of _, 2000 Page 5 of 6 THE CITY OF DENTON, TEXAS LESSOR BY MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DOGGETT ENTERPRISES, INC LESSEE BY ...... ~ JONATHAb[ DOGG~,~T ,~ PRESIDENT Page 6 of 6 Parks and Recreation Board August 24, 2000 "-- MLK Recreation Center Members presented Don Edwards, Brandon Barnes, Owendolyn Caner, Brenda Phllhps, Teresa An&ess, and Dale Yeatts Members absent Dalton Gregory, excused Staff present Ed Hodney, Janet Simpson, Bob Tlckner, and Jame McLeod Others present Oen Asehenbrenner Chairman Don Edwards called the meeting to order at 6 08 p m Brenda Phillips made a motion to approve the July 13t~ rmnutes Brandon Barnes seconded the motion and it was unannnously passed Don introduced Gert Asehenbrenner to the board Don explmned that Gert was a member of the Keep Denton Board and vail be serving on the Parks and Recreation once City Council has completed their appointments to the boards ACTION ITEM ~tpproval of Contract for Denton Frtday Ntght Ed smd that Denton Friday Night's three-year contract was due to be considered for renewal Ed discussed the program's htstory and explmned that it is offered every Friday mght for teens and preteens Several board members had heard good comments about the program Teresa Andress moved that the contract be approved for another three years Dale YeaRs seconded thc motion and it passed unammously There were no Discussion Items DIRECTOR'S REPORT Presentation to Board on Consultant Selection for the Aquatic Center Janet discussed the proposals that were received from six consulting firms for the Concept Development and BuslnessiPlan phase of the Aquatic Center project The Aquatic Center Project Team composed of DISDI and City representatives, will complete selection and negotiate fees with the selected firm Janet reminded the board that t/us is a joint venture between DISD and the City She added that voters approved the bond project in January 2000, which included $4 million for the construction of an outdoor leisure pool, and some leisure elements of the indoor pool DISD vail fund the indoor competitive pool ($3 5 mllhon) through voter approved bond funds Ed asked ff someone would representative the board on the Aquatic Center ProJect team Brandon,agreed to represent the board on the committee Ed invited the Board to attend the stakeholder meetings Janet requested that the item be added to the November agenda as an action item Project Status Report Ed asked if be could response to any questions There were no questions Keep Denton Beautiful Report Ed asked he would response to any questions There were no questions Otherltems Brenda Pbalhps asked Ed to send an e-mini congratulating staff on being nonunated for the Gold Medal Award Don Edwards asked to change the board's monthly meeting date The board decided to meet on the fourth Monday of each month w~th the exception of November The November meetmg will be held on the 6m The Board also agreed to not meet in December unless there is a special call meeting Items for Next Meeting New Grapbacs and S~gnage Update on Youth Serwces Youth Sports Co-Sponsorslup Agreement Safety and Emergency Response to Disasters - Preparedness in Parks There being no further business, the meeting was adjourned at 6 38 p m A~enda NO__ ~' ~7~ ~ Agenda Item ..... ~-~ ' '. AGENDA INFORMATION SHEET [}ate [~ [~7- tgt~P, AGENDA DATE October/i/7, 2000 DEPARTMENT Pohce ACM: Jon Fortune, 349-8535 SUBJECT An Ordmance anthonzlng the Mayor to execute an mterlocal cooperation agreement between the C~ty of Denton, Texas, and the Ctty of Roanoke, Texas, for the ~mpoundment and d~spos~hon o£dogs and cats and the collechon of fees pursuant to the provtslons of smd agreement, and promdmg for an effectwe date BACKGROUND' The Ctty of Denton and the C~ty of Roanoke have had tnterlocal agreements for the tmpoundment and d~spos~tton of dogs and cats for the past rune years The antmals dehvered to the City of Denton under th~s agreement have not caused cond~hons of overcrowding at the Ammal Control facthty The agreement states that the C~ty of Denton wdl promde the following servmes to the City of Roanoke for the ~mpoundment and dtspos~t~on of animals dehvered to the City of Denton from the C~ty of Roanoke (1) The City of Denton wtll hold these ammals £or nmety-stx (96) hours ffnot clatmed by an owner If the owner does not clatm the animal wtthm the prescribed mnety-s~x (96) hours, the antmals wall be euthamsed or made avmlable for adoptton (2) The City of Danton wtll accept and hold rabtd suspects in quarantme for ten (10) days (3) The C~ty of Denton wtll remove and sh~p the heads of rabid suspects for rabies testing by the Texas Department of Health For the services, the Ctty of Roanoke agrees to pay fees set forth ~n the agreement as follows (1) A holdtng fee tn the amount of fifteen dollars (15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per antmal held for reclamatmn by the owner (2) A holdtng fee m the amount of fifteen dollars (15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per ammal held ~n quarantine as a rabies suspect (3) F~fteen dollars ($15 00) for each animal euthamzed 1 (4) Tlurty-five ($35 00) for each decapitation and slupment OPTIONS 1 The City can choose not to renew the lnterlocal agreement with Roanoke 2 The City can approve the ordinance and renew the lnterlocal agreement RECOMMENDATION The Department recommends approval of the ordinance and renewal of the lnterlocal agreement with the City of Roanoke 1 The lnterlocal agreement provides a valuable service to the citizens of Roanoke 2 The housing and chsposal of dogs and cats for Roanoke has not, and is not projected to, create a hardslup on the Animal Control operation 3 The lnterlocal agreement is a source of revenue for the City of Denton PRIOR ACTION/REVIEW The attached lnterlocal agreement has been reviewed for legal form and content by the City of Denton Legal Department The agreement was approved by the Roanoke City Councll FISCAL IMPACT The prescribed fees in the agreement are calculated to recover all costs of all services rendered and, therefore, this agreement does not result in an increase in expenditures It is estimated that the revenue from this program will be approximately $1,500 Re~ect full~xsubmltted, Chief of Police Prepared by ghtcaptalp Support Services Dlvlmon 2 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF ROANOKE, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIl. OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or mtus absence the Mayor ProTem, is hereby authorized to execute an Interlocal Cooperation Agreement between the C~ty of Denton and City of Roanoke for the anpoundment and d~spos~t~on of dogs and cats, substant~ally~m the form of the copy of whtch ~s attached hereto and incorporated by reference hereto SECTION 2 That the C~ty Council authorizes the collection of all fees as promded pursuant to the proms~ons of smd Agreement SECTION 3 That tlus ordinance shall become effective mmaedmtely 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 ! STATE OF TEXAS § § INTBRLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § WHEREAS, the Cl~ of Denton, Texas ("DENTON") and the City of Roanoke, Texas ("ROANOKE") are both local governments with the authority and power to contract, and WI-~REAS, DENTON is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of DENTON, and WHEREAS, DENTON is the owner of certain facilities and eqmpment designed for the holdmg and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment, and ~ ~ Vf~IEREAS, ROANOKE desires to obtain impoundment and disposition services for dogs and cats rendered by DENTON, as more fully hereafter described, for the benefit of the citizens of ROANOKE, and WHEREAS, ROANOKE and DENTON mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Intarlocal Cooperation Act and contract pursuant thereto, and VfrIEREAS, both DENTON and ROANOKE have the authority to perform the services set forth In flus Agreement individually ~n accordance w~th Texas Government Code §791 0Il(c), and V~iEREAS, ROANOKE will make all payments for services out of available current revenues and DENTON agrees that the payments made by ROANOKE hereunder will fmrly compensate it for the services provided, NOW, THEREFORE, ROANOKE and DENTON, for the mutual consideration hereinafter stated, agree as follows 1 A COVENANTS OF THE CITY OF DENTON 1 Holding, of Doms and Cats DENTON agrees to accept and hold dogs and cats lawfully impounded by anthonzed representatives of ROANOKE under the following terms and conchhons a Hokhn~ Period for Dogs and Cats DENTON agrees to hold such dogs and cats for a period of mnety~slx (96) hours from the time they are accepted by the Ammal Control Center in order to allow the owners of the impounded ammal a reasonable amount of tlme to reclann the nnpounded ammal If the ammal ~s not ANIMAL CONTROl. INTERLOCAL COOPERATION AGREEMENT -- P. OANOKE PAGE ! OF $ reclatmed witlun the nmety-sax (96) hour period, the ownership of the annual shall revert to the Aroma1 Control Center Ammals wall be humanely destroyed or placed for adoptaon at the dascretaon of the Anunal Control staff b Holdme Fee~ for Impounded Dogs and Cats For the purpose ofthts Agreement, DENTON wall charge Fifteen Dollars ($15 00) for the first day or part ora day and Fave Dollars ($5 00) for each subsequent day holding fee that an arnmal as held at the Animal Control Center In determlmng the meaning of the term "ammal" as used herean, at as agreed that a pregnant ammal wbach has ars latter wtnle beang held, or an anamal whach as nursang ats latter and as beang kept an the same cage, will be consadered one animal for the assessment of charges provaded for an th~s Agreement Thas fee wall be asseased~gamst the owner of the ammal at the t~me the animal as reclaimed No ammal ~/,lll be released until all applacable fees are paad an full c ttoldang of Quarantine Ammals DENTON agrees to accept and hold rabid suspects an quarantine for ROANOKE when eondxtaons permat, and such action as authorized by a representative of ROANOKE d Holdang Fees for Quarantined Anamals The holdang fee for quarantined ammals shall be Fifteen Dollars ($15 00) for the first day or part of a day and Fave Dollars ($5 00) for each subsequent day that the animal is held e Head Shipments and Rabies Testme Upon request of ROANOKE, DENTON wall provade for the removal and shtpment of heads of rabad suspects for clamcal rabaes testang at the Texas Department of Health The fee for th~s serrate shall be Tlnrty-five Dollars ($35 00) for each head sbapped B COVENANTS OF THE CITY OF ROANOKE I Financial Responsibilities In order to reimburse DENTON for ars costs recurred under this Agreement, ROANOKE agrees to pay for the holding fees and euthanasia fees on dogs and cats receaved from ROANOKE or ars authorized agent af the ammal(s) as not reelamaed by the owner These fees wall be assessed on the following basis a Euthamzed Anamal Fifteen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5.00) for each subsequent day holding fee for each ammal as determined hereto, plus Fifteen Dollars ($15 00) euthanasia fee b Adopted Aroma1 Fifteen Dollars ($15 00) for the first day or part of a day and Fave Dollars ($5 00) for each subsequent day holdang fee for each ammal as deterrmned herean c Head Shtpments Tbarty-five Dollars ($35 00) shipping fee PA~ 2 op $ 2 DENTON roll collect impound fees duly authorized by ROANOKE and as specified m thss paragraph from the owners of dogs and cats received from ROANOKE Impound fee momes will be apphed to fees owed DENTON by ROANOKE for ammals not recl~med by the owner IMPOUND FEE 1st Impoundment - $20 O0 2nd Impoundment - $30 00 3rd Impoundment - $45 O0 4th Impoundment - $70 00 3 ROANOKE agrees payment shall be made with'in forty-five (45) days of receipt of invoice by ROANOKE 2 DENTON agrees to and accepts full responsibility for the acts, negligence, and/or onusslons of all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing work under a contract or agreement with DENTON in performance of this Agreement with ROANOKE ROANOKE agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all ROANOKE's employees and agents, ROANOKE's subcontractors and/or contract laborers doing work under a contract or agreement with ROANOKE in performance oftlus Agreement with DENTON It is further agreed that if claim or hablhty shall arise from the joint or concumng negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas Tlus paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas It is understood that it is not the intention of the parties hereto to create liability for the benefit of tlurd parties, but that thts Agreement shall be for the benefit of the parties hereto 3 The fact that ROANOKE and DENTON accept certain responsibilities relating to the collection and impounding of dogs and cats under flus Agreement as part of their responsibility for providing protection for the public health and welfare and, therefore, makes it nuperative that the performance of these wtal services be recognized as a governmental lmmurnty shall be, and is hereby revoked to the full extent possible under the law Neither DENTON nor ROANOKE waives or shall be deemed hereby to waive any numurnty or defense that would otherwise be available to it against the clauns arising fi:om the exercise of govemmental ~fgnchons _ _ 4 The term of tins Agreement shall be for a period of one (1) year, commencing as of October 1, 2000 and ending September 30, 2001 Thereafter, flus Agreement shall be renewed for ANIMAL CONTROL INTIIRLOCAL COOPI~RATION AORIIIiMI~N'f -- ROANOKE PAO~3OF$ successive additional one (1) year terms commencing on October 1 of each year if ROANOKE and DENTON agree m writing on or before the first day of October to a successive term and the amount of consideration to be pad hereunder for each succesmve term, provided, however, either party may terminate tins Agreement upon tinrty {30) days written notice to the other 5 Tins Agreement represents the entire and integrated agreement between DENTON and ROANOKE and supersedes all prior negotiations, representations, and/or agreements, either wntten or oral Tins Agreement may be amended only by written instrument signed by both DENTON and ROANOKE This Agreement and any of its terms or provisions, as well as the nghts and duties of the parties hereto, shall be governed by the laws of the State of Texas 7 In the event that any portion of tins Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaimng portions shall remmn valid and in full force and effect to tho extent poaslble The undersigned officer and/or agents of the parties hereto are the properly anthonzed officials and have the necessary anthonty to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect EXECUTED m duphcate originals this the day of , 2000 CITY OF DENTON, TEXAS BY EULINE BROCK, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HEP. BERT L PROUTY, CITY ATTORNEY CITY OF RO.-~qOKB, TEXAS IVI~YOR. ~ AT~EST CIrY SECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY Agenda Item Date,._ 10-' AGENDA INFORMATION SHEET AGENDA DATE October 17, 2000 DEPARTMENT: Utflitmes Administration ACM Howard Martin, Assistant City Manager/Utflltle'~'~~- SUBJECT AN ORDINANCE OF THE CITY OF DENTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE COOPER CREEK REGIONAL DETENTION POND NO 1 CONSTRUCTION PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE BACKGROUND Th~s contract will involve surveying, computer modehng, prehmmary and final design for Cooper Creek Regional Detention Pond #I, which ~s approximately 20 acres ~n s~ze Pond #1 wall be constructed Adjacent to Northpomte Addition Pond #1 was ~dent~fied m the Cooper Creek Regional Drainage Study The recommendations of the study were to construct three regmnal detention ponds to reduce runoff to lower levels, thereby reducing floodmg and capital ~mprovement cost assocmted with channel modifications and road crossing upgrades Pond #5, approximately 5 acres m s~ze, has been constructed at Kangs Pow On October 3rd, C~ty Councd approved the contract to purchase 20 acres adjacent to proposed Northpomte Addition for $200,000 It ~s ant~mpated that the C~ty will construct Pond #1 wxth xts own manpower, rental of eqmpment, and outsourclng for trucking of excess matenal to be excavated for the pond Estimated constructmn costs for Pond #1 ~s approximately $1 2 mdllon Due to Federal 404 Wetlands regulations and negotiated terms of purchase for the land, the City must beg~n construction by February / March to avoid further costs associated w~th rewsed federal regulations Therefore, design of the project should beg~n ti'ns month to avoid the ~ssues mentioned above FISCAL ~NFORMATION The Capital Improvement Plan for FY2001 includes $770,000 for design and construction of the pond MAP See Exhibit I Respectfully submitted Jim Coulter Director of Water and Wastewater UUllt~es Prepared by Dale Hoelhng, P E Semor Engineer - Drainage Exlublt I Location Map II Scope of Work ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE COOPER CREEK REGIONAL DETENTION POND NO 1 CONSTRUCTION PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVDING AN EFFECTIVE DATE WHEREAS, the C~ty Council deems ~t m the pubhc interest to engage the firm of Freese and Nichols, [nc, a Texas Corporatmn, of Fort Worth, Texas ("F&N"), to prowde professmnal eng~neenng and surveying servmes to the C~ty pertmmng to the prehmmary design and Final design of, the preparatnon of constructmn plans and spemficat~ons for, servmes dunng the b~ddmg process, the performance of related constmctmn phase serwces, surveying servmes, and general reprcsentatmn dunng construction for the Cooper Creek Regional Detention Pond No 1, and WHEREAS, the C~ty staffhas reported to the C~ty Counc~l that there ~s a substantial need for the above-described professmnal services, and that 1Lm~ted C~ty staff cannot adequately perform the servmes and tasks w~th its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Servmes Procurement Act", generally prowdes that a C~ty may not select a prowder of professmnal servmes on the bas~s of competmve b~ds, but must select the prowder on the basra of demonstrated competence, knowledge, and qualifications, and for a fmr and reasonable price, and WHEREAS, the C~ty Council has promded m the City Budget for the appropriation of funds to be used for the purchase of the professional servmes, as set forth m the Professmnal Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Manager ~s hereby authorized to execute a Professmnal Servmes Agreement w~th Freese and Nmhols, [nc, a Texas Corporatmn, of Fort Worth, Texas, for professmnal engineering and surveying servmes pertmmng to Cooper Creek Regmnal Detentmn Pond No 1 Constructmn Project, m substant~ally the form of the Professional Servmes Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of tlus Agreement by the C~ty ~s on the bas~s of the demonstrated competence, knowledge, and quahficatlons of F&N and the ab~hty of F&N to perform the profeasmnal services needed by the City for a fatr and reasonable pnce SECTION 3 That the expenditure of funds as prowded m the attached Professmnal Services Agreement ~s hereby authorized 3 SECTION 4 That tins ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED tins the day of ,2000 EULLWE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documcnt~\Ordmancez\00kFrcese & Nmhols [nc PSA-i/ngr Svc Cooper Creek Det Pond #1 doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE COOPER CREEK REGIONAL DETENTION POND NO 1 CONSTRUCTION PROJECT THIS AGREEMENT is made and entered into as of the day of ,2000, by and between the City of Denton, Texas, a Texas Mumcipal Corporation, with its prmclpal offices at 215 East McKmney Street, Denton, Texas 76201 (hereafter "OWNER") and Freese and Nmhols, Ine, a Texas Corporation, with ~ts offices at 4055 International Plaza, State 200, Fort Worth, Texas 76109 (hereafter "CONSULTANT"), the pames acting hereto, by and through their duly-anthonzed representatives and officers WITNESSETH, that m cons~deratlon of the covenants and agreements herein contmned, the parties hereto do mutually AGREE as follows ARTICI,E I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services hereto m connection w~th the ProJect as stated m the Artmles to follow, w~th dthgence and m accordance with the professional standards customarily obtmned for such servmes m the State of Texas The professional services set forth hereto are m eonnectmn with the following described project (the "Project") Professional engineering servmes pertatmng to the prehmmaW design and final design of, the preparation of constructmn plans and specfficatmns for, services during the bidding process, the performance of related constmetlon phase services, surveying services, and general representation dunng construction for the Cooper Creek Regional Detention Pond No 1 ARTICLE TI SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services m a professional manner A To perform those professional services as set forth m the "Scope of Services", regarding Cooper Creek Regmnal Detentmn Pond No 1, prepared by CONSULTANT for OWNER, whtch five (5) page document ~s attached hereto as Ext~blt "A," and is incorporated hereto by reference, whmh document ~s comprised of, and subd~wded into the following sections 1 Data Collectmn, 2 Hydrologm and Hydraulic Allalysls, 3 Prelmnnary Regional Detention Design, 5 ~,o.~,~o,~,~,,.,~,~,ps^~,,~,~,~o,~o,~#~, Page 1 of 10 4 Pernuttlng, 5 Development of Final Plans, and 6 Construction Admmastratlon B If there is any conflict, or if any confhct arises between the terms of tins Agreement and the Exlublts attached to tins Agreement, the terms and conditions of this Agreement shall control over the terms and conditions of the Exinblts ARTI~I',IZ Ill ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authonzed by the OWNER, winch are not included as Basic Services in the above-descnbed Scope of Services, set forth as provided by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in wntmg, the scope of such additional services, the arnount of compensation for such additional services, and other essential terms pertaining to the provlszon of such additional services by the CONSULTANT ARTTCI ,E TV PERIOD OF SERVICE Ttus Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance ora notice to proceed by the OWNER, and shall remain in force and effect for the penod that may reasonably be reqmred for the completion of the Project, including Additional Services, if any, and any reqmred extensions approved by the OWNER Tins Agreement may be sooner terminated in accordance with the provisions hereof Tnne is of the essence in tins Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, substantially m accordance with the Schedule set forth m Exlublt "A" attached hereto, acting through its Assistant City Manager for Utilities, or ins designee ARTIf~I,E V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" Is defined as those expenses, if any, mcurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineenng, of surveying, or for related services Any subcontractor or subconsultant bflhng reasonably incurred by the CONSULTANT in connection w~th the Project shall be invoiced to OWNER by CONSULTANT at the actual cost plus ten (10%) percent 2 "Direct Non-Labur Expense" is defined as that expense, based upon actual cost and applying the mult~pher set forth m Exinblt "B" attached hereto, for any out-of-pocket expense reasonably recurred by the CONSULTANT m the performance of fins Agrecnuent for long distance telephone charges, telecopy charges, messenger services, prmtmg and reproduction expenses, out-of-pocket expenses for purchased computer 6 tune, prudently recurred travel expenses related to the work on the ProJect, and slm, lar mmdental expenses recurred m connection wlth the Project BILLING AND PAYMENT For and m constderataon of the professional services to be performed by the CONSULTANT hereto, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Bastc Servmes tasks set forth m the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform tts work on tins ProJect m accordance with the provlsmns of those slx (6) tasks winch are set forth on page 4 of the Scope of Services set forth tn Exlubtt "A' attached hereto and mcorporated herewith by reference CONSULTANT shall perform the smd professional services substantaally m accordance w~th the project schedule set forth tn Exl'nbtt "A" CONSULTANT shall be prod for services rendered pursuant to the Agreement on the basis set forth in the "Compensation" section of Exlubat "A", billed monthly CONSULTANT shall bill from tame sheets, m nummum ¼ hour or smaller tLrne increments, at the hourly rates and at the expense rates provtded for in the "Schedule of Charges" set forth m Exinblt "B" OWNER agrees to pay to CONSULTANT for Its professional serv, ces performed, for 1ts Subcontractor Expense, and for tts Direct Non-Labor, out-of pocket expenses incurred ,n the ProJect, a total lump-sum mount of fees and expenses not to exceed $68,100 2 Par'aal payments to the CONSULTANT will be made monthly tn accordance with the statements reflecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its Assistant City Manager for Utdttaes, or has designee However, under no ctrcumstances shall any monthly statement for services exceed the value of the work performed at the tame a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not-to-exceed amount until satisfactory completion of the ProJect by the CONSULTANT 3 Nothing contained m tlus Article shall reqmre the OWNER to pay for any work winch is unsatasfactory as reasonably determined by the Ass, stant City Manager for Utlhtaes or Ins demgnee, or winch is not subrmtted by CONSULTANT to the OWNER m comphance with the terms of t/ns Agreement The OWNER shall not be requn:ed to make any payments to the CONSULTANT at any tkme when the CONSULTANT is m default under ttus Agreement 4 It ts specifically understood and agreed that the CONSULTANT shall not be authonzed to undertake any work pursuant to tins Agreement winch would reqmre adchtlonal payments by the OWNER for any charge, expense or re,mbursement above the not-to-exceed amount as stated heremabove, w,thout first having obtained the prior written authonzataon from the OWNER CONSULTANT shall not proceed to perform any serv, ces to be later promded for under Artacle III "Addttaonal Services" without first obtaining prior wrttten authorization fi:om the OWNER ADDITIONAL SERVICES For addltaonal services authorized m writing by the OWNER m Article III heremabove, CONSULTANT shall be prod based on a to-be-agreed-upon 7 ~.,~.,~,,~.. ~,c~, ~s^ ~,..,..~0~ c~k ~,,o~ ,, ~ Page 3 o f 10 Schedule of Charges Payments for adtht~onal services shall be due and payable upon subrntaslon by the CONSULTANT, and shall be ~n accordance w~th Article V B here~nabove Statements for Basra Servmes and any add~ttonal services shall be submitted to OWNER no more t~equently than once monthly D PAYMENT If the OWNER fads to make payments due the CONSULTANT for services and expenses w~thm s~xty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT w~ll be increased by the rate of one percent (1%) per month bom and after the smd sixtieth (60th) day, and in add~tmn, thereafter, the CONSULTANT may, after g~wng ten (10) days written notme to the OWNER, suspend services under tins Agreement until the CONSULTANT has been prod ~n full for all amounts then due and owing, and not dmputed by OWNER, for services, expenses and charges Pmwded, however, notfung herein shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth here~n, ~f the OWNER reasonably determines that the CONSULTANT's work xs unsatisfactory, m accordance w~th Article V B oftfus Agreement, and OWNER has not~fied CONSULTANT of that fact ~n writing ARTT~T,I*, VI OBSERVATION AND REVIEW OF TIlE WORK The CONSULTANT will exem~se reasonable care and due d~hgence in (hscovenng and promptly repomng to the OWNER any defects or deficiencies ~n the work of the CONSULTANT or any of ~ts subcontractors or subconsultants ARTICI,E VII OWNERSHIP OF DOCUMENTS All documents prepared or funushed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to tfus Agreement are ~nstmments of service and shall become the property of the OWNER upon the termination of thas Agreement The CONSULTANT is entitled to retain cop~es of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be apphcable to ttus 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 the Agreement m another project or for other purposes than spemfied herem any of the mformataon or materials developed pursuant to tlus Agreement, CONSULTANT ~s released from any and all hablhty relatmg to thetr use m that project ARTICI ,~ VTTT INDEPENDEI~r CONTRACTOR CONSULTANT shall prowde services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clmm any right ansmg from employee status ARTTCT ,E INDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and ~ts 8 s,o~,~.~.~w,~.,,.~0~^ ~.~,,~o~o~o~o~#,~, Page 4 of 10 offic~als, officers, agents, attorneys and employees from and against any and all llabdltles, clanns, demands, damages, losses and expenses, including but not lumted to court costs and reasonable attorney fees recurred by the OWNER, and including without hnutatlon, damages received or sustained for bodily and personal injury, death, or property damage, resulting fi~om, and proximately caused by the negligent acts or omissions of the CONSULTANT or 1ts officers, agents, subcontractors, subconsultants, and/or employees m the execution, operation, or performance of ttus Agreement Notinng m tbas Agreement shall be construed to create a habdlty to any person who is not a party to tlus Agreement and nottung hereto shall wmve any of the party's defenses, both at law or equity, to any clmm, cause of actmn or l~t~gatlon filed by anyone not a party to tins Agreement, including the defense of governmental unmumty, wbach defenses are hereby expressly reserved ARTICI,E X INSURANCE Dunng the performance of the Services under ttus Agreement, CONSULTANT shall mmntaln the following ~nsurance with an insurance company hcensed to do business m the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Careers of at least an "A-" or above A Comprehensive General Llablhty Insurance w~th bodily injury hmits of not less than $1,000,000 for each occurrence and not less than $1,000,000 m the aggregate, and with property damage lmms of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Lxabxhty Insurance with bodily injury hn'uts of not less than $500,000 for each person and not less than $500,000 for each acmdent and with property damage hmlts for not less than $100,000 for each acmdent C Worker's Compensation Insurance in accordance w~th statutory reqmrements and Employer's L~ainhty Insurance with lma~ts of not less than $100,000 for each accident D Professional Llab~hty Insurance with hnuts of not less than $2,000,000 annual aggregate E CONSULTANT shall furmsh ~nsurance ce~ficates or insurance policies to the OWNER to ewdence such insurance coverage The insurance policies shall name the OWNER as an add~taonal insured on all such polm~es to the extent that is legally possible, and shall contmn a provision that such insurance shall not be cancelled or modified without at least thmy (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, dehver cop~es of any such substitute pohc~es, furmshmg at least the same pohcy hrmts and coverage, to OWNER ARTTC~LE XI' ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The part. es may agree to settle any d~sputes under tins Agreement by subnuttmg the d~spute s,o~,~,~..,~,..~,~.,~o~0~o,~ Page 5 of 10 to arbitration or other means of alternate dispute resolution such as mediation No arb~tratlon or alternate dispute resolution arising out of or relating to, ttus Agreement involving one party's d~sagreement may include the other party to the chsagreement wathout the other's approval ARTTCT,~ ~TT TERMINATION OF AGREEMENT A Notwithstanding any other provisaon of tlus Agreement, e~ther party may terminate tbs Agreement by prowd~ng tturty- (30) days advance written notice to the other party B Tbs Agreement may alternatively be terminated m whole or m part in the event of e~ther party substantially fmlmg to fulfill ~ts obligations under tlus Agreement No such terrmnatmn wall be effected unless the other party as given (1) written notme (dehvered by certified mall, return receapt requested) of ~ntent to temamate and setting forth the masons spemfymg the nonperformance or other reason(s), and not less than tturty (30) calendar days to cure the fmlure, and (2) an opportumty for consultation w~th the terminating party prior to terminatmn C If tbas Agreement as terminated prior to eompletmn of the services to be prowded hereunder, CONSULTANT shall immediately cease all servmes upon receipt of the written notice of terrmnatlon f~om OWNER, and shall render a final bill for servmes to the OWNER w~than twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for retrnbursable expenses prior to notice of termlnatton being received by CONSULTANT, tn accordance with Artmle V of ttus Agreement Should the OWNER subsequently contract w~th a new consultant for the eontmuatton of services on the Project, CONSULTANT shall cooperate m providing mformataon to the OWNER and to the new consultant If apphcable, OWNER shall allow CONSULTANT a reasonable t~me to trans~tlon and to mm over the ProJect to a new consultant CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT pursuant to thas Agreement to the OWNER on or before the date of temalnatton, but may maintain copaes of such documents for 1ts files ARTTC1,1~. XTIT RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute, nor be deemed a release of the respons~bahty and Iiab~hty of the CONSULTANT, ~ts officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to thas Agreement, nor shall such approval by the OWNER be deemed as an assumptmn of such respons~b~hty by the OWNER for any defect m the design or other work prepared by the CONSULTANT, ~ts prmmpals, officers, employees, agents, subcontractors, and subconsultants NOTICES All notaces, commumcat~ons, and reports reqmred or penmtted under tlus Agreement shall be personally dehvered to, or telecopied to, or totaled to the respective partaes by depositing same m the Umted States mml at the addresses shown below, postage prepmd, cemfied mml, remm receapt 10 s,o~m.n~,~n~.~,~.~,~.~o~O~,~ Page 6 of 10 requested, unless othenvlse specified herem To CONSULTANT To OWNER Fmese and Nichols, Inc City of Denton, Texas John Rutledge, P E Michael W Jez, City Manager 4055 International Plaza, Suite 200 215 East MclQnney Fort Worth, Texas 76109 Denton, Texas 76201 Fax (817) 735-7491 Fax (940) 349-8596 All notmes g~ven under ti'ns Agreement shall be effective upon their actual receipt by the party to whom such notice is given ARTICI,F, XV ENTIRE AGREEMENT Ttus Agreement consisting of ten (10) pages and two (2) exlublts 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 then: agreements, and supersedes all prior contemporaneous offers, prormses, representations, negotmt~ons, d~scussmns, commumcat~ons, understandings, and agreements wlmch may have been made in connection w~th the subject matter of this Agreement ARTTC~I,F, XWI SEVERABILITY If any provision of tlus Agreement is found or deemed by a court of competent junsductlon to be invalid or unenforceable, it shall be considered severable from the remmnder of ti'ns Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform tlus Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision wluch comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICI,I~, COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, local laws, roles, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTIC~I ,Ii', ~ DISCRIMINATION PROHIBITED In performing the services reqmred hereunder, the CONSULTANT shall not dlscrmunate agmnst any person on the basis of race, color, rehgmn, sex, national ongun or ancestry, age, or physical handmap ARTTC~T,I~, XqX ?EI~ONNEL A CONSULTANT represents that ~t has or will secure at ~ts own expense all personnel reqmred to perform all the servmes reqmred under ti'ns Agreement Such personnel shall not be employees or officers of, nor have any contractual relations w~th the OWNER CONSULTANT shall numedlately mform the OWNER in writing of any conflict of ~nterest or potentml conflmt of interest that CONSULTANT may discover, or winch may arise during the term of tins Agreement B All serwces required hereunder will be performed by CONSULTANT or under ~ts d~rect supermmon All personnel engaged m performing the work pmwded for m tins Agreement, shall be quahfied, and shall be authorized and permitted under state and local laws to perform such services ARTTC~1,1~, XX ASSIGNABILITY The CONSULTANT shall not assign any ~nterest ~n tlus Agreement and shall not transfer any ~ntemst m tins Agreement (whether by assignment, novatmn or otherwise) w~thout the prmr written consent of the OWNER CONSULTANT shall promptly notify OWNER m writing of any change of its name as well as of any s~gmficant change m its corporate structure or in its operations ARTTCT,F, ~ MODIFICATION No wmver or modfficat~on of ttus Agreemc~nt, or of any covenant, condition, hrmtatlon herein contmned shall be valid unless m writing and duly executed by the party to be charged therewith No evidence of any wmver or mochficatlon shall be offered or received in credence in any proceeding arising between the pan,es hereto arising out of, or affecting this Agreement, or the nghts or obhgat~ons of the part,es hereunder, unless such wmver or mochficatlon ~s m writing, duly executed The parties further agree that the prowmons oftNs Artmle w~ll not be wmved unless as herein set forth ARTTCT,I~, ~O(lI MISCELLANEOUS A The following extnNts are attached to, incorporated herewith by reference, and is made a pan oftlus Agreement for all purposes pertinent Exl'nbtt "A" - "Scope of Sennces" [five (5) page document] Exl'nbtt "B"- "Schedule of Charges" [one (1) page document] B CONSULTANT agrees that OWNER shall, until the expiration of four (4) years atter the final payment made by OWNER under tlus Agreement, have access to and the nght to examine any chrectly pertinent books, documents, papers and records of the CONSULTANT mvolvmg transactions relating to ti'ns Agreement CONSULTANT agrees that OWNER 12 shall have access during normal worhng hours to all necessary CONSULTANT facllltles and shall be provided adequate and appropriate working space m order to conduct examanataons or audits m compliance w~th tins Article OWNER shall gave CONSULTANT reasonable advance hOrace of all intended exarmnaUons or audits C Venue of any suit or cause of actaon under tins Agreement shall lie exclusavely m Denton County, Texas Tins Agreement shall be governed by and construed an accordance w~th the laws of the State of Texas D For purposes of tins Agreement, the part,es agree that the Proj eot Manager shali be Curtxs Baetel, P E Tins Agreement has been entered anto w~th the understandang, expectation, and the OWNER's rehance, that the above-stated employee of CONSULTANT shall perform all or a slgrnfieant portaon of the work on the Project Any proposed changes regarding the change of the Project Manager or other key personnel serving the OWNER on tins Project, requested by CONSULTANT, respecting one or more of the above-stated employees, shall be subject to the approval of the OWNER, winch approval the OWNER shall not unreasonably w~thhold Nothing hereto shall hnnt CONSULTANT from using other qualified and competent members of its firm to perform the other mcadental services reqtured hereto, under its supervision or control E CONSULTANT shall commence, carry on, and complete ars work on the Project with all applicable dispatch, and an a sound, econonucal, efficaent manner, and m accordance wath the provisions hereof In accomphshmg the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work revolved ~s properly coordinated wath any related work being camed on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's dasposal all avmlable mformataon pertinent to the Project, including prewous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter m or upon, publac and private properly as requared for the CONSULTANT to perform professional servaces under tins Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon anformataon furnished to it by OWNER without the need for further mqun3, or mvestlgaUon anto such information G The captions of tins Agreement are for mformatlonal purposes only and shall not m any way affect the substantive terms or conditions of tins Agreement IN WITNESS WHEREOF, the OWNER, the C~ty of Denton, Texas has executed tins Agreement m four (4) original counterparts, by and through ars duly-authorized C~ty Manager, and CONSULTANT has executed t?ns Agreement by and through its duly-authorized undersigned officer on tlus the, day of ,2000 CITY OF DENTON, TEXAS A Texas Mumclpal Corporation By M~chael W Jez, City Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" FREESE AND NICHOLS, INC A Texas Corporation By ATTEST By 14 Page 10ofl0 EXHIBIT "A" SCOPE OF SERVICES COOPER CREEK REGIONAL DETENTION POND No 1 FINAL DESIGN_ Freese and Nmhols, Inc ("CONSULTANT") proposes to prowde the following professional services to the C~ty of Denton, Texas ("OWNER"), as described m detad below TASK 1 DATA COLLECTION a Coordinate w~th the survey subconsultant to perform a topograpluc survey of the detention pond s~te to estabhsh the emstmg topography of the 20-acre North Point s~te and the 3-acre SKJ Realty s~te ~n order to ~mprove the accuracy of earthwork quantities and produce a base map for the detentmn pond design The survey shall include I Estabhsh a survey basehne for the project rote based on ex~stmg FEMA vertmal control monumentatlon, and stake ~t w~th ~ron pms to serve as temporary benchmarks dunng constructmn 2 Tre right-of-way lines and comers, property lines and comers, ex~st~ng drmnage easements, tops of bank, all trees 6 roches m dmmeter or larger, excluding honey locust and mesqmte trees, samtary sewer manholes (nm and flowhne elevatmns), avmlable fimshed floor elevatmns of houses adjacent to the project s~te, fence lines, and ail other ws~ble surface features w~tlun the project hnuts to the survey basehne Count the number ofhoney locust trees 6 roches m dmmeter or larger and mdmate thmr general locatmn on the project she 3 Produce a d~g~tal 3D topograpluc map of the project s~te w~th elevated contours at a 1- foot interval and the ws~ble surface features on separate layers, for use as the base map and developing earthwork and profiles b Perform one s~te v~s~t to the locatmn of the Cooper Creek Regmnal Pond No 1 to verify the results of the topographac survey c Obtain the ex~st~ng subd~vls~on plat ~n the area, as well as the plans of any samtary sewer or other utility hnes across the s~te TASK 2 HYDROLOGIC AND HYDRAULIC ANALYSIS a Based on the best available topograplnc mformatmn, extend the HEC-RAS hydrauhc model of Cooper Creek fi.om Locust Street to the upstream end of the project site 1 15 b Verify the ex~stlng conditions and ultimate development hydrology at the site c Include the existing discharges ~nto the HEC-RAS model to establish Emstmg Conthtaon 100-year water surface elevations across the site d Include the ultimate discharges into the HEC-RAS model to establish the Ultimate Development 100-year water surface elevatmns across the site TASK 3 PRELIMINARY REGIONAL DETENTION DESIGN a Locate the proposed regmnal detention area on the survey drawing, as well as the existing drainage easements and the alignment of any utility lines across the site b Review the previous design calculations for the regional detention pond c Based on the site constraints, develop the area-capacity relatlonskap and outlet charactenstms of the regnonal detention pond that will satisfy the original detention requirements d Utdlzmg the City of Denton drainage design criteria, prepare a preliminary grading plan fi.om the survey base map that will provide the necessary area-capacity relattonslup e Based on the preliminary grading plan, identify the necessary modifications to relocate or protect the exastmg 10" samtary sewer hne crossing the project site The sewer will be designed to match the capacity of the existing sewer across the project site It is assumed that no demand studies will be performed, but demands may be considered if these are immediately avadable from the OWNER It is also assumed that no sewer line outside the lmnts of the project site will be modified f Prepare a letter report describing the updated HEC-RAS model, the area-capacity relatlonstup and outlet charactenstms of the regmnal detention pond, the prelmma_ary grading plan, and recommendations for relocating or protecting the 10" samtary sewer to OWNER for review TASK 4 404 PERMITTING a Based on the prelmmnary grading plan, update the Pre-Construction Notification to reflect the prehmmary layout of the detention pond b After submlttmg the updated Pre-Construction Notification to the Corps of Engineers, arrange an on-site meeting with the Corps to discuss whether construction of the proposed detention pond can be covered under a combmatlon of Nationwide Perants, as well as ffthe notfficatmn process will be required 2 16 c Based upon th~s meeting, recommend mod~fications to the proposed detentmn pond that m our opmmn w~I1 best meet the conditions and reqmrements ~dentffied by the Corps of Engineers If the Corps determines that an Individual 404 Permit ~s necessary, ENGINEER can prowde assistance w~th prepanng the Sectmn 404 apphcatmn (ENG FORM 4345) as an add~tmnai service d Prowde up to 20 hours ofad&tmnal consultation w~th the Corps dunng their permit rewew process, and assist OWNER m ~dent~fymg project design enhancement features TASK 5 DEVELOPMENT OF FINAL PLANS a Attend one coordination meeting with OWNER to obtain comments on the detention pond hydraulic analysm and prelmunary grading plan b Prepare a final design for completing Pond No 1, consisting of a final grading plan including control mformatmn based on the temporary benchmarks and detmls of the mlet and outlet structures S~nce ~t m antm~pated that OWNER's forces w~ll be used to construct the project, no spemficatmns are included m th~s scope of work c Develop a final cost estnnate for the constructmn of Pond No 1 The cost estnmate w~ll be based on umt prices provided by the OWNER, s~nce the OWNER's employees, or agents w~ll be used to construct the project d Update the prelnnmary design letter report to describe the hydrologm and hydranhc calculations, the detention pond calculatmns, the final design, and the final cost estimate e Attend one meeting w~th the adjacent homeowners to assist the OWNER m present~ng and describing the final detentmn design to the homeowners Prepare a color d~splay showing the final detentmn pond design TASK 6 CONSTRUCTION ADMINISTRATION a Make up to four (4) vtslts to the s~te to observe the progress and the quality of work and attempt to determine m general ~fthe work ~s proceeding m accordance with the F~nal ?lans If CONSULTANT ~s requested to visit the s~te more than four tanes, the requested mslts shall be considered an addmanal service and CONSULTANT shall be entitled to add~tmnal compensatmn OWNER RESPONSIBILITIES OWNER is responsible for ail fees and expenses related to obtannng existing data, ~f needed, and submitting regulatory perrrnt apphcatmns, including the CLOMR and LOMR subrmttai rewew fees OWNER shall assist CONSULTANT by placing at the CONSULTANT'S chsposal all avmlable 3 17 reformation pertinent to the Project, previous reports, and any other such data relative to the project, including 1 If the OWNER does not own the property at the time of survey, OWNER shall obtain permlssmn from the property owner to allow the survey subconsultant to enter the property, perform the survey, and perform the munmum amount of cleanng necessary to establish imes of sight necessary to perform the survey 2 The locatmn of City-owned ut~ht~es (water and sewer) and privately owned utd~tles (gas, telephone, etc ), ff avadable 3 Cop~es of studies/reports of previous analyses associated w~th the proposed Project that were not prepared by Freese and N~chols, ~f any CONSULTANT shall have no hab~hty for defects m work atmbutable to CONSULTANT'S rehance upon, or use of data, design criteria, drawings, specfficatmns, or other reformation furnished by OWN-ER winch was not previously prepared by Freese and N~chols, and OWNER agrees to mdemmfy and hold CONSULTANT harmless from any and all clauns andjudgments, to the extent provided by apphcable law, from all losses, costs, and expenses arising therefrom CONSULTANT shall d~sclose to OWNER, prior to use thereof, defects or omlssmns m the data, design criteria, drawings, specfficatmns, or other mformatmn furnished by OWNER to CONSULTANT that CONSULTANT may reasonably d~scover m ~ts review and mspectmn thereof OWNER shall review material submitted for comment m a timely manner so as not to delay the services of CONSULTANT COMPENSATION CONSULTANT proposes to perform the services described m Tasks 1 through Tasks 6 of the above Scope of Services for a lump sum fee, plus expenses, of an amount not to exceed $68,100 00 (SIXTY EIGHT THOUSAND ONE HUNDRED DOLLARS) Of tins amount, Task 1 ~s $1,300, Task 2 ~s $3,800, Task 3 ~s $10,200' Task 4 ~s $8,400, Task 5 ~s $13,800, Task 6 ~s $4,600, and the survey subconsultant is $26,000 respecting servmes pertaunng to the site survey Ifwork outside or beyond the above Scope of Servmes ~s reqmred and approved by OWNER, those addltmnal serrates shall be compensated on the basis of Extnblt "B", Schedule of Charges, dated March 31, 2000 Payment for the servmes shall be due and payable upon submission of statements for servmes rendered and amounts expended Statements for servmes rendered and expenses shall not be subrmtted more frequently than monthly SCHEDULE: CONSULTANT proposes to complete the work described m Task i w~ttun 60 days from the date of msuance of the written not, ce to proceed, Tasks 2 and 3 w~thm 100 days, Task 4 w~thm 120 days, and Task 5 w~thm 160 days of the date of the wntten notice to proceed Task 6 wall be performed as needed during the constmctton of the project S \Our Documents\Contraet~\00\Fr~se & Nmhols PSA S¢op~ of S~rvmes-Cooper Crk Der Pond #I doc 4 18 POSI'rION M~N P RINICtp,a,L t~d4 21416 SENIO~ CONSULTANT ~48 24340 ~NAGEE-LOCAL OF~CE 1 ~2 2~ 188 ~4 GROU~ ~NAGER 1~ 24 175 e~ D~SCI~LINE L~DER 10;377 15255 PROG~M ~NAGER ~4 2~ 117 51 ENGINEER V 101 4~ 12886 ENGINEE~ IV 88 40 10S 15 ENGINEER INTERN III 73 07 104 ~0 ENGINEER INTERN II 87 18 77 48 DESIGNER I 70 g8 g4 71 SENIOR ~NQINE~RING T~CHNIC~N 73 4~ 06 41 ENVIRONME~AL 8OlENTlar II ~1 aa 03 11 ENVIRONMENTAL SCIENTIBT I 4o ~ 51 80 ;N~ 1 9 COOPER CREEK REGIONAL DETENTION POND NO. 1 PROPOSED DETENTION POND ,.: EXHIBIT I EXHIBIT "A" SCOPE OF SERVICES COOPER CREEK REGIONAL DETENTION POND No 1 FINAL DESIGN Freese and N~chols, Inc ("CONSULTANT") proposes to provide the followmg professional services to the C~ty of Denton, Texas ("OWNER"), as described m detmI below TASK 1 DATA COLLECTION a Coordinate w~th the survey subconsultant to perform a topograpluc survey of the detentmn pond site to estabhsh the exzstmg topography of the 20-acre North Point s~te and the 3-acre SKJ Realty site m order to ~mprove the accuracy of earthwork quantities and produce a base map for the detention pond design The survey shall include 1 Estabhsh a survey basehne for the project s~te based on exmtmg FEMA vertical control monu.mentaUon, and stake ~t with ~ron pros to serve as temporary benchmarks dunng construction 2 T~e right-of-way lines and comers, property lines and comers, existing draznage easements, tops of bank, all trees 6 roches ~n dmmeter or larger, excluding honey locust and mesqmte trees, samtary sewer manholes (nm and flowlme elevatmns), avadable fimshed floor elevatmns of houses adjacent to the project s~te, fence lines, and all other visible surface features w~ttun the proj eot hmzts to the survey basehne Count the number ofhoney locust trees 6 roches m dmmeter or larger and md~cate then: general location on the project s~te 3 Produce a d~gztal 3D topograpluc map of the project s~te with elevated contours at a 1- foot interval and the visible surface features on separate layers, for use as the base map and developing earthwork and profiles b Perform one s~te v~s~t to the locatmn of the Cooper Creek Regmnal Pond No 1 to verify the results of the topograpluc survey c Obtain the ex~stmg subdlv~slon plat m the area, as well as the plans of any samtary sewer or other utlhty lines across the s~te TASK 2 HYDROLOGIC AND HYDRAULIC ANALYSIS a Based on the best avaQable topograpluc mformatmn, extend the HEC-RAS hydrauhc model of Cooper Creek fi:om Locust Street to the upstream end of the project site 1 21 b Verify the ex~stmg cond~tmns and ultimate development hydrology at the site c Include the erdstlng discharges into the HEC-RAS model to establish Existing Condltton 100-year water surface elevations across the s~te d Include the ultimate chscharges into the HEC-RAS model to establish the Ultanate Development 100-year water surface elevations across the site TASK 3 PRELIMINARY REGIONAL DETENTION DESIGN a Locate the proposed regional detention area on the survey drawing, as well as the ex~stmg drainage easements and the alignment of any utlhty lines across the site b Review the previous design calculations for the regmnal detention pond c Based on the site constraints, develop the area-capacity relatmnslup and outlet charactenstms of the regaonal detentmn pond that will satisfy the original detention reqmrements d Utthzmg the C~ty of Denton drmnage design criteria, prepare a prehmmary grading plan from the survey base map that will provide the necessary area-capacity relatlonstnp e Based on the prehmlnary grading plan, identify the necessary modifications to relocate or protect the emstmg 10" samtary sewer hne crossing the project site The sewer vail be designed to match the capacity of the existing sewer across the project s~te It is assumed that no demand studies wall be performed, but demands may be considered ffthese are ~mmedmtely avmlable from the OWNER It ~s also assumed that no sewer line outside the hnuts of the project site wall be modified f Prepare a letter report descnbmg the updated HEC-RAS model, the area-capacity relat~onstnp and outlet charactenstms of the regional detention pond, the prelmunary grachng plan, and recommendatmns for relocating or protecting the 10" samtary sewer to OWNER for review TASK 4 404 PERMITTING a Based on the prelnumary grading plan, update the Pre-Construction Notlficatmn to reflect the prelnumary layout of the detentmn pond b After subrmttmg the updated Pre-Construction Notification to the Corps of Engineers, arrange an on-she meeting w~th the Corps to discuss whether constmcUon of the proposed detentmn pond can be covered under a combmatmn of Natmnwlde Pemnts, as well as ~fthe notfficatmn process wall be reqmred 2 22 c Based upon fius meeting, recommend modaficat~ons to the proposed detention pond that m our oprmon wlI1 best meet the condlt~ons and reqmrements ~dentffied by the Corps of Engineers If the Corps determines that an In&wdual 404 Permit is necessary, ENGINEER can prowde assmta.nce with prepanng the Sectmn 404 apphcatmn (ENG FORM 4345) as an add~tmnal servme d Promde up to 20 hours of addltmnal consultatmn with the Corps dunng their permit remew process, and assist OWNER m ldent~fymg project design enhancement features TASK 5 DEVELOPMENT OF FINAL PLA_NS a Attend one eoordmatxon meeUng wnh OWNER to obtmn comments on the detentxon pond hydrauhc analysis and prehmmary grading plan b Prepare a final design for completing Pond No 1, consisting of a final grading plan including controi mfonnat~on based on the temporary benchmarks and detmls of the inlet and outlet structures Since it ~s antmlpated that OWNER's forces wall be used to construct the project, no specfficatxons are included m tlns scope of work c Develop a final cost estimate for the constructmn of Pond No 1 The cost estimate w~ll be based on umt prices promded by the OWNER, since the OWNER's employees, or agents wall be used to construct the project d Update the prelnumary design letter report to describe the hydrologm and hydrauhc calculatmns, the detention pond calculations, the final design, and the final cost estimate e Attend one meeting wlth the adjacent homeowners to assist the OWNER in presenting and describing the final detentmn design to the homeowners Prepare a color display showing the final detentmn pond design TASK 6 CONSTRUCTION ADMINISTRATION a Make up to four (4) ws~ts to the s~te to observe the progress and the quahty of work and attempt to determine m general ~fthe work ~s proceeding m accordance w~th the Final Plans If CONSULTANT is requested to V~Slt the site more than four tunes, the requested ws~ts shall be considered an addltmnal service and CONSULTANT shall be entitled to addmonal compensation OWNER RESPONSIBILITIES. OWNER m reeponmble for all fees and expenses related to obtannng exxstmg data, ~fneeded, and subn'nttmg regulatory penmt apphcatmns, including the CLOMR and LOMR subrmttal revlew fees OWNER shall asmst CONSLrLTANT by placing at the CONSULTANT'S dasposal all avmlable 3 23 information pertinent to the Project, previous reports, and any other such data relative to the project, including I If the OWNER does not own the property at the time of survey, OWNER shall obtain permission from the property owner to allow the survey subconsultant to enter the property, perform the survey, and perform the nummum amount of cleanng necessary to establish lines of sight necessary to perform the survey 2 The location of City-owned utilities (water and sewer) and privately owned utilities (gas, telephone, etc ), if avmlable 3 Copies of studies/reports ofpremous analyses associated with the proposed ProJect that were not prepared by Freese and Nichols, if any CONSULTANT shall have no liability for defects m work atmbutable to CONSULTANT'S reliance upon, or use of data, design criteria, drawings, specfficatmns, or other information funnshed by OWNER winch was not previously prepared by Freese and Nichols, and OWNER agrees to mdemmfy and hold CONSULTANT harmless fi.om any and all clanns and judgments, to the extent provided by apphcable law, fi.om all losses, costs, and expenses arising therefrom CONSULTANT shall disclose to OWNER, prior to use thereof, defects or omissions in the data, design cntena, drawings, specifications, or other mformatmn furmshed by OWNER to CONSULTANT that CONSULTANT may reasonably chscover in its review and mspectmn thereof OWNER shall review matenal submitted for comment in a timely manner so as not to delay the services of CONSULTANT COMPENSATION CONSULTANT proposes to perform the serrates described m Tasks 1 through Tasks 6 of the above Scope of Services for a lump sum fee, plus expenses, of an amount not to exceed $68,100 00 (SIXTY EIGHT THOUSAND ONE HUNDRED DOLLARS) Of tins amount, Task 1 is $1,300, Task 2 is $3,800, Task 3 is $10,200' Task 4 is $8,400, Task 5 is $13,800, Task 6 ~s $4,600, and the survey subconanltant is $26,000 respecting servmes pertaining to the site survey Ifwork outside or beyond the above Scope of Services is required and approved by OWNER, those adcht~onal services shall be compensated on the basls of Exinint "B", Schedule of Charges, dated March 31, 2000 Payment for the services shall be due and payable upon submission of statements for services rendered and mounts expended Statements for services rendered and expenses shall not be submitted more fl:equently than monthly SCHEDULE. CONSULTANT proposes to complete the work described m Task 1 within 60 days from the date of issuance of the written nottce to proceed, Tasks 2 and 3 within 100 days, Task 4 wltinn 120 days, and Task 5 wathm 160 days of the date of the written notice to proceed Task 6 will be performed as needed during the construction of the project S \Our Documents\Contracts\00kFreese & N~chols PSA Scope of Services-Cooper Crk Det Pond #1 doe 4 24 ,A, oenda Item Date /0 AGENDA INFORMATION SHEET AGENDA DATE' October 17, 2000 DEPARTMENT Ut~Imes Admlmstratmn ACM' Howard Martin, Assistant C~ty Manager/Utdlt~es ~ SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE, NALL AND PERKINS, INC FOR ENGINEERING AND SURVEYING SERVCIES PERTAINING TO THE PECAN CREEK MASPER PLAN UPDATE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROUND Thru contract wall ~nvolve surveying the fimshed floor of approximately 500 to 600 residences and businesses m the Pecan Creek Watershed The surveyed area w~ll encompass the floodplain of Pecan Creek (from Mayinll Road to North Lakes Park), Tributary PEC-4 (from Bell Ave to Bernard), and North Pecan Creek (from Pecan Creek to North Lakes Park) Following the survey, a comparison will be made between the fimshed floor elevatmns and 2-, 5-, 10-, 25-, 50-, and 100-year water surface elevatmns to determine the number of houses w~tinn each floodplain Finally, the consultant will evaluate the watershed and develop recommendatmns for improvements to contain the 25-year storm event w~th~n a proposed channel sectmn Recommendatmns for upgradmg road crossing to accommodate the 25-year storm will be ~ncluded m the analys~s The consultant wall also determine the costs associated w~th the ~mprovements Upon completmn of the project, the C~ty will be able to prioritize where ~mprovements need to be targeted The study shall red,cate winch residences are at Ingh risk of flooding Also, the C~ty w~ll be able to expend funds that reduce flooding to the greatest number of residences at the least cost FISCAL INFORMATION The Capital Improvement Plan for FY2001 includes $425,000 for Master Drainage Plan Update Cost o£ ttus project m $108,000 The remainder of the budget wdl be spent m other watersheds located m the City Respectfully submitted J~m Coulter D~rector of Water and Wastewater Utd~tles Prepared by Dale Hoelting, P E t~ '~ Semor Engineer - Drmnage Exlub~t I Scope of Work ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE, NALL AND PERKINS, INC FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE PECAN CREEK MASTER PLAN UPDATE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems ~t m the pubhc ~nterest to engage the firm of Teague, Nall and Perkins, /ne, a Corporatmn, of Denton, Texas ("TN&P"), to prowde professional enganeenng and surveying services to the City pertmmng to the Pecan Creek Master Plan Update, and WHEREAS, the City staffhas reported to the C~ty Council that there m a substantial need for the above-described professional services, and that hm~ted City staff cannot adequately perform the sermces and tasks with its own personnel, 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 profesmonal services on the basis of competitive b~ds, but must select the provider on the basis of demonstrated competence, knowledge, and quahficatmns, and for a fair and reasonable price, and WHEREAS, the City Council has provided ~n the City Budget for the appropriation of funds to be used for the purchase of the profesmonal services, as set forth ~n the Professional Servmes Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Profesmonal Services Agreement with Teague, Nail and Perkins, Inc, of Denton, Texas, for profesmonal engmeenng and surveying sermces pertalmng to the Pecan Creek Master Plan Update, m substantially the form of the Profesmonal Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of tins Agreement by the City ,s on the basis of the demonstrated competence, knowledge, and quahficatmns of TN&P and the abd~ty of TN&P to perform the profesmonal servmes needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as provided in the attached Professional Services Agreement m hereby authorized SECTION 4 That tlns ordinance shall become effecnve mediately upon ~ts passage and approval 3 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 S \Our Documents\Ordmances\OO\Teague Nall& Porklns PSA-Pecan Creek Master Plan doc STATB OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE PECAN CREEK MASTER PLAN UPDATE THIS AGREEMENT is made and entered into as of the day of ,2000, by and between the C~ty of Denton, Texas, a Texas Mttmclpal Corporation, w~th its pnnmpal offices at 215 East McKmney Street, Denton, Texas 76201 (hereafter "OWNER"), and Teague, Nail, and Perkans, Inc, a Texas Corporation, wxth ~ts offices at The Racho Center Bmldmg, 235 West Hmkory, State 100, Denton, Texas 76201 (hereafter "CONSULTANT"), the partms acting hereto, by and through then: duly-authorized representatives and officers WITN'ESSETH, that m conmderat~on of the covenants and agreements herem contamed, the parties hereto do mutually AGREE as follows ARTTCI,E I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts wlth CONSULTANT, as an mdependent contractor, and the CONSULTANT hereby agrees to perform the services hereto m connection with the ProJect as stated in the Amcles to follow, w~th chhgence and m accordance w~th the profesmonal standards customarily obtmned for such servmes m the State of Texas The profesmonal services set forth herem are m connecaon w~th the following described project (the "Project") Professional engineering services pertaining to the prelunmary demgn and final demgn of, the preparation of constmctmn plans and specfficaaons for, servmes dunng the bidding process, the performance of related eonstmctmn phase servmes, surveying servmes, and general representatmn during eonstruetmn for the Pecan Creek Master Plan Update ARTTCT,F~ Il SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services m a professional manner A To perform those profesmonal services as set forth m the "Itenuzed Scope of Servmes", regarding Pecan Creek Master Plan Update, prepared by CONSULTANT for OWNER, wtuch one (1) page docment is attached hereto as Extub~t "A," and m incorporated hereto by referonce, whmh document m comprised of, and subdlwded into the following sections 1 Phase I -Data Collection and Problem Ident~ficatmn, 2 Phase II - Analyms, and 3 Phase III - Optmnal Preparation of Elevatmn Certfficates s~.,~,~.~.,.~,,,..~,~,~,,~,~..o,~,~ Page 1 of 10 B If there ts any corLflmt, or if any confhct arises between the terms of tins Agreement and the three (3) Exluints, Extuints "A," "B," and/or "C," attached to tins Agreement, then m such event, the terms and conditions of tlus Agreement shall control over the terms and conditions of the Extuints ARTTCI ,F, ITT ADDITIONAL SERVICES Any addmonal serrates to be performed by the CONSULTANT, ~f authorized by the OWNER, winch are not mcluded as Basra Servmes m the above-described Scope of Servmes, set forth as promded by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall det~mne, m writing, the scope of such addmonal services, the mount of compensation for such addltmnal servmes, and other essential terms pertamang to the prows~on of such addmonal services by the CONSULTANT ARTTCI,I~, TV PERIOD OF SERVICE Tins Agreement shall become effective upon executmn by the OWNER and the CONSULTANT and upon the ~ssuance of a notice to proceed by the OWNER, and shall remain ~n force and effect for the period that may reasonably be reqmred for the completion of the Project, including Additional Servmes, if any, and any requtred extensions approved by the OWNER Tins Agreement may be sooner terminated m accordance w~th the provisions hereof Tune is of the essence ~n tins Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, substantially m accordance with the Schedule set forth m Extnint "B" ["ProJect Schedule"] attached hereto and incorporated herem by reference, smd OWNER acting by and through its Asststant C~ty Manager for Utlht~es, or Ins designee ARTICI.F. V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT m the employment of others m outside firms, for services m the area of professmnal engmeermg, of surveymg, or for related services Any subcontractor or subconsultant bdlmg reasonably recurred by the CONSULTANT m connectmn with the Project shall be mvmced to OWNER by CONSULTANT at the actual cost plus ten (10%) percent 2 "Direct Non-Labor Expense" m defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably mcurred by the CONSULTANT m the performance of ti'ns Agreement for long (hstance telephone charges, telecopy charges, messenger sermces, printing and reproductmn expenses, out-of-pocket expenses for purchased computer tune, prudently recurred travel expenses related to the work on the ProJect, and smular mmdental expenses recurred m ¢ormectmn w~th the ProJect Exinblt "C" s,o~.~.~.~?..,.,,,~,,~,,s..,~c,,,~,~ Page 2 of 10 ["Standard Rate Schedule For Reunbursable/Multlpher Contracts" respecting the calendar year 2000] shall apply to the cost of the six (6) specific ,terns of d,rect cost to be recurred m the performance of the Project, as expressly set forth m the "Dtrect Cost Rennbursables" section of Exhibit "C," winch exbab]t is attached hereto and incorporated herewith by reference B BILLING AND PAYMENT For and m conslderataon of the professional services to be performed by the CONSULTANT hereto, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completmn of the Basra Services tasks set forth m the Scope of Servmes as shown ,n Article II above, as follows 1 CONSULTANT shall perform ,ts work on tbas ProJect m accordance with the provmmns of those three (3) tasks included m the Scope of Services set forth m Exbabat "A' attached hereto and incorporated herewith by reference CONSULTANT shall perform the smd professional sermces substanttally m accordance with the project schedule set forth m Extubat "B" CONSULTANT shall be pard for services rendered pursuant to the Agreement on the basis set forth m Exbab~t "C" attached hereto, billed monthly CONSULTANT shall ball from tune sheets, m mmmaum ¼ hour or smaller tune increments, at the hourly rates and at the expense rates prov,ded for m the "Standard Rate Schedule" set forth in Exbab,t "C" OWNER agrees to pay to CONSULTANT for ,ts pmfessmnal servmes performed, for its Subcontractor Expense, and for its D~rect Non-Labor, out-of pocket expenses mcmTed m the ProJect, a total lump-sm amount of fees and expenses not to exceed $108,000 00 2 Part, al payments to the CONSULTANT will be made monthly m accordance w~th the statements reflecting the actual completaon of the Basra Setvmes, rendered to and approved by the OWNER through ,ts Assistant C~ty Manager for Utfl]taes, or bas designee However, under no ctrcumstances shall any monthly statement for sennces exceed the value of the work performed at the tmae a statement Is rendered The OWNER may w,thhold the final ten (10%) percent of the above not-to-exceed amount un'al satisfactory completion of the ProJect by the CONSULTANT 3 Nothing contained m tbas Amele shall mqmre the OWNER to pay for any work wbach is unsattsfactory as reasonably determined by the Ass,stant C,ty Manager for Utaht~es or bas designee, or wbach is not subrmtted by CONSULTANT to the OWNER m comphance with the terms of th~s Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT at any tane when the CONSULTANT as m default under tbas Agreement 4 It Is specffically understood and agreed that the CONSULTANT shall not be authormed to undertake any work pursuant to tbas Agreement wbach would reqmre addttmnal payments by the OWNER for any charge, expense or rermbursement above the not-to-exceed mount as stated heremabove, without first having obtained the prior written anthonzat~on from the OWNER CONSULTANT shall not proceed to perform any servmes to be later provided for under A_mcle III "Additaonal Services" without first obtaining pnor written authorization from the OWNER Page 3 of 10 C ADDITIONAL SERVICES For additional services authorized m writing by the OWNER m Article III heremabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of Charges Payments for additional sermces shall be due and payable upon submisston by the CONSULTANT, and shall be m accordance with Article V B heremabove Statements for Basle Services and any addmonal services shall be submttted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for servtces and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be tncreased by the rate of one percent (1%) per month from and after the said sixtieth (60th) day, and m addition, thereafter, the CONSULTANT may, after gtvlng ten (10) days written notme to the OWNER, suspend services under tins Agreement until the CONSULTANT has been paid m full for all amounts then due and owng, and not disputed by OWNER, for services, expenses and charges Promded, however, nothing hereto shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, tf the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, m accordance with Article V B oftlus Agreement, and OWNER has notified CONSULTANT of that fact m writing A RTTC. 1,1~, VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exerctse reasonable care and due diligence m dlscovenng and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any oflts subcontractors or subconsultants ARTICT,F, Xqt OWNERSItlP O1' DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to tins Agreement are instruments of sermce and shall become the property of the OWNF_~ upon the termination of tl'ns Agreement The CONSULTANT ts entitled to retain coptes of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be apphcable to this 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 the Agreement m another project or for other purposes than specffied hereto any of the reformation or matonals developed pursuant to tlus Agreement, CONSULTANT is released bom any and all hab~hty relating to their use m that project AR'T'ICT ,~, VTTT I'~D~?ENDE~.nI~ CONTRA. CTOR CON~ULT.A.N~' shall promde se:w~ces to OWN~ ~ an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clmm any nght arising from employee status ARTIC. I,F, IX' INDF~MNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees fi.om and agamst any and all habllmes, clamas, demands, damages, losses and expenses, mcludmg but not 1malted to court costs and reasonable attorney fees recurred by the OWNER, and mcludmg w~thout lmutatlon, damages received or sustained for bochly and personal injury, death, or property damage, resulting from, and proximately caused by the neghgcnt acts or ormsslons of the CONSULTANT or its officers, agents, subcontractors, subconsultants, md/or employees m the exeeuUon, operation, or performance of tlus Agreement Nothing m tins Agreement shall be construed to create a liability to any person who is not a party to fins Agreement and nothmg hereto shall waive any of the party's defenses, both at law or eqmty, to any claun, cause of action or htlgation filed by anyone not a party to tlus Agreement, including the defense of governmental nnmumty, wluch defenses are hereby expressly reserved ARTTC~I ,F, X' INSURANCE Dunng the performance of the Services under ttus Agreement, CONSULTANT shall mamtann the following insurance w~th an insurance company licensed to do business m the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carners of at least an "A-" or above A Comprehensive General Llablhty Insurance wath bodily ,njury lm'nts of not less than $1,000,000 for each occurrence and not less than $1,000,000 m the aggregate, and with property damage lmuts of not less than $I00,000 for each occurrence and not less than $ I00,000 m the aggregate B Automobile Llab~hty Insurance with bo&fy m]u~ lmuts of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage lnmts for not less than $100,000 for each accident C Worker's Compensatton Insurance m accordance with statutory reqmrements and Employer's Llablhty Insurance w~th lmuts of not less than $100,000 for each accident D Professional Llablhty Insurance w~th lumts of not less than $2,000,000 annual aggregate E CONSULTANT shall furmsh insurance cerUficates or insurance policies to the OWNER to ewdence such insurance coverage The insurance pohcles shall name the OWNER as an addmonal insured on all such pohc~es to the extent that is legally possible, and shall contam a prows~on that such insurance shall not be cancelled or mochfied without at least tluny (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, pnor to the effective date of the change or cancellation of coverage, dehver copies of any such substitute policies, funushmg at least the same pohcy lmuts and coverage, to OWNER ARTICI,F, X'l ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The part, es may agree to settle any disputes under tins Agreement by subnuttmg the d~spute to arb~tratmn or other means of alternate dispute resolution such as medlatmn No arbitration or alternate dmpute resolution arising out of or relating to, tlus Agreement ~nvolwng one party's d~sagreement may include the other party to the d~sagreement without the other's approval ARTT~I ~F. ~CI'T TERMINATION OF AGREEMENT A Notwithstanding any other prowslon of th~s Agreement, e~ther party may terminate th~s Agreement by prowdmg tturty- (30) days advance written notice to the other party B Tlus Agreement may altemalavely be termmatod m whole or m part m the event of either party substanttally fmlmg to fulfill tts obhgat~ons under th~s Agreement No such termination will be effected unless the other party is g~ven (1) written notme (dehvered by cerUfied mml, return receipt requested) of intent to ternunate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than tturty (30) calendar days to cure the fmlure, and (2) an opportumty for consultatmn with the termmatmg party pnor to termmaUon C If tins Agreement is terminated prior to completmn of the servmes to be provided hereunder, CONSULTANT shall Lmmed~ately cease all servmes upon receipt of the written notme of termination from OWNER, and shall render a final b,ll for sennces to the OWNER w~thm twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all sermces properly rendered and satisfactorily performed, and for reanbursable expenses prior to notme of termination being received by CONSULTANT, m accordance voth Article V of tins Agreement Should the OWNER subsequently contract w~th a new consultant for the continuation of servmes on the Project, CONSULTANT shall cooperate m promdmg mformatton to the OWNER and to the new consultant If appl, cable, OWNER shall allow CONSULTANT a reasonable time to transltton and to mm over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT pursuant to ttus Agreement to the OWNER on or before the date of termmatton, but may maintain cop~es of such documents for ats files ARTTCT ,1~, X'TTT RESPONSIBILITY Iq'OR CLAIMS AND LIABILITIES Approval of the work by the OWNI~R shall not constitute, nor be deemed a release of the responslblhty and llablhty of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to,th~s Agreement, nor shall such approval by the OWNER be deemed as an assumptmn of such responslb~hty by the OWNER for any defect m the design or other work prepared by the CONSULTANT, its prmmpals, officers, employees, agents, subcontractors, and subconsultants AR~T~T,~ ~ NOTICES Ali notices, cornmumcatlons, and reports required or pernutted under tins Agreement shall be personally dehvered to, or telecopled to, or totaled to the respective parties by depomtmg sa.me in the Umted States mall at the addresses shown below, postage prepmd, certified mall, remm receipt requested, unless otherwise specified herein To CONSULTANT To OWNER Teague, Nail, and Perkans, Inc City of Denton, Texas Gary Vmkery, P E Michael W Jez, City Manager The Radio Center Bmldmg 215 East McI~rmey 235 West Hickory, Suite 100 Denton, Texas 76201 Denton, Texas 76201 Fax (940) 383-8026 Fax (940) 349-8596 Ail nottces gtven under tins Agreement shall be effective upon theuc actual receipt by the party to whom such notice is given ARTTC~1,1~, nXV ENTIRE AGREEMENT Tlus Agreement consisting of ten (10) pages and three (3) exinblts constntutes the complete and final expression of the Agreement of the parties and ~s mtended as a complete and exclusive statement of the terms of theuc agreements, and supersedes all pnor contemporaneous offers, prormses, representations, negotlatuons, chscusmons, commumcat~ons, understandings, and agreements winch may have been made m connection with the subject matter of tins Agreement ARTTC~I,E Xq, q SEVERABILITY If any provision of tins Agreement is found or deemed by a court of competent junschctaon to be mvahd or unenforceable, it shall be considered severable from the rememder of fins Agreement, and shall not cause the remainder to be mvahd or unenforceable In such event, the parties shall reform tins Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision winch comes as close as possible to expressmg the ongmal mtentlons of the parties respectmg any such stricken provision ARTTC~T ,F. ~ COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances appheable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTT~T,~, DISCRIMINATION PROHIBITED In perforrnmg the services reqmred hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, rellgaon, sex, national origin or ancestry, age, or physical handmap ARTTCT,E XIX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel reqmred to perform all the services required under flus Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall nmnedIately reform the OWNER mwnting of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or winch may arise during the term of flus Agreement B All sermces required hereunder will be performed by CONSULTANT or under ItS d~rect supermslon All personnel engaged m performing the work provided for m flus Agreement, shall be quahfied, and shall be authorized and pernutted under state and local laws to perform such services ARTTCI,lq', ASSIGNABILITY The CONSULTANT shall not assign any interest m tins Agreement and shall not transfer any interest m flus Agreement (whether by assl~ment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OVv~NER m writing of any change of its name as well as of any significant change m its corporate structure or m its operations MODIFICATION No wmver or morhficatlon of flus Agrement, or of any covenant, conchtlon, lnmtat~on hereto contamed shall be valid unless m wntmg and duly executed by the party to be charged therewith No evidence of any watYer or modfficat~on shall be offered or received m evidence m any proceeding arising between the parties hereto ansmg out of, or affecting tins Agreement, or the nghts or obhgattons of the part~es hereunder, unless such wmver or modification is m wnt~ng, duly executed The paraes further agree that the prowsions of tins Article will not be wmved unless as hereto set forth ARTTCT ,1~. X~(IT MISCELLANEOUS A The following exinblts are attached to, incorporated herewith by reference, and is made a part of tins Agreement for all purposes pertinent Exinblt "A"- "Itermzed Scope of Services' Ione (I) page document] s~.,~,~..~,~,~..~o~.,~.~.~.~o..~ Page 8 of 10 Exlub~t "B" - "Project Schedule" [one (1) page document] Extnb~t "C" -- "Standard Rate Schedule for Reanbursement/Multlpher Contracts" for calendar year 2000 [one (1) page document] B CONSULTANT agrees that OWNER shall, until the expxratlon of four (4) years after the final payment made by OWNER under tl-ns Agreement, have access to and the right to examine any chrectly pertinent books, documents, papers and records of the CONSULTANT revolving transactions relating to tlus Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facthtles and shall be provided adequate and appropriate working space m order to conduct examinations or audits m comphance with thas Artacle OWNER shall gxve CONSULTANT reasonable advance nolace of all intended examinations or authts C Venue of any stat or cause of aclaon under ti'ns Agreement shall he exclusively in Denton County, Texas Tins Agreement shall be governed by and construed m accordance w~th the laws of the State of Texas D For purposes of flus Agreement, the pames agree that the ProJect Manager shall be Gary Vmkery, P E Tins Agreement has been entered into w~th the understandmg, expectation, and the OWNER's rehance, that the above-stated employee of CONSULTANT shall perform all or a s~gmficant portion of the work on the Project Any proposed changes regarding the change of the ProJect Manager or other key personnel serving the OWNER on tlus ProJect, requested by CONSULTANT, respecting one or more of the above-stated employees, shall be subject to the approval of the OWNER, wluch approval the OWNER shall not unreasonably w~thhold Notlung hereto shall lumt CONSULTANT from using other quahfied and competent members of its firm to perform the other mmdental semaces reqmred hereto, under ~ts superwslon or control E CONSULTANT shall commence, carry on, and complete ~ts work on the ProJect with all appheable dispatch, and m a sound, econormcal, efficient manner, and m accordance with the prow$1ons hereof In accomphshmg the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work revolved ~s properly coordinated w~th any related work bemg earned on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's chsposal all avmlable m. formation pertinent to the ProJect, mcluchng prewous reports, any other data relative to the ProJect and arranging for the access to, and make all provisions for the CONSULTANT to enter m or upon, pubhc and private property as reqmred for the CONSULTANT to perform professmnal sennces under tlus Agreement OWNER and CONSULTANT agree that CONSULTANT ~s entitled to rely upon reformation funushed to ~t by OWNER w~thout the need for further lnqmry or mvest~galaon into such mformatmn G The captions ofth~s Agreement are for mformatmnal purposes only and shall not m any way affect the substautave terms or conditions of flus Agreement IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed flus Agreement m four (4) ongmal counterparts, by and through ~ts duly-authonzed City Manager, and s,o~,~T~,~m~o~.~ Page 9 of 10 CONSLrLTANT has executed th~s Agre~maent by and through ~ts duly-anthonzed anders~gned officer on ttus the day of ,2000 CITY OF DENTON, TEXAS A Texas Mumc~pal Corporatmn By Mmhael W Jez, C,ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ~~ "CONSULTANT" TEAGUE, NALL, AND PERKINS, INC A Texas Corporation BY ~~'~ ~~/ ATTEST By EXHIBIT 'A' ITEMIZED SCOPE OF SERVICES Teague Nail and Perkins, Inc, (TNP) shall render the following professional services (BASIC SERVICES) necessary for the development of the project Phase I - Data Collection and Problem Identification F~xed Fee $73,000 · Send wn~en nobficat~on to property owners, advising them of the work to be done, and requesting permission to enter pnvate property as necessary · Shoot finish floor elevations for all habitable structures ~n or ~mmed~ately adjacent to the ulbmate 100-year floodplain (approx 700-800 structures) · Run hydrauI~c models from the prewous study w~th multiple profiles for both FEMA and ulbmate d~scharges and estabhsh hm~ts and depths of flooding for each frequency event The profiles to be evaluated w~ll ~nclude the FEMA 100-year and the fully developed cond~ttons 2-, 5-, 10-, 25-, 50-, and 100-year events Buildings w~ll be evaluated w~th respect to the 10-, 25-, 50-, and 100-year events, wh~le bridges and culverts w~ll be evaluated w~th respect to all of the storm events Models from the previous study w~ll be used for th~s analys~s L~m~ted additional field surveying (up to two days ~n the field) will be conducted to address any changes or updates necessary to the models · Determine the level of protecbon currently provided at cress~ngs and bu~Idmgs A color-coded exhibit can be used to ~ilustrate our findings, along w~th a table to be presented in a summary report · Prepare a summary report, ~nclud~ng the exhibits and tables mentioned above, that supplements the 1997 study · Present summary report to the C~ty Council and/or Pubhc Ut~hbes Board Phase II - Analysis F~xed Fee $26,000 · TNP w~l[ develop models of proposed ~mprovements necessary to contain the 25-year storm w~th~n the channel banks Building fimsh floor elevations obtained ~n Phase I w~ll be evaluated w~th respect to the 50-year and 100-year storms w~th the proposed improvements ~n place The goal w~ll be to determine how much 100-year protection Is provided by channel~z~ng the 25-year storm event It ~s I~kely that several ~terabons and/or altemabves w~ll need to be considered · TNP w~ll rewew our findings w~th City staff to determine if project objectives are being met in ~he event that ~mprovements based on the 25-year storm do not produce the desired results w~th regard to 100-year protecbon, we w~ll work w~th staff to revise the scope of the remaining effort w~th new object,yes · Based on th~s staff rewew, cost esbmates will be developed for the altemabves that most completely address project objecbves · Cost-benefit analysis w~ll be performed to select among alternabves and to pnontlze improvements · Prepare a report to summanze findings · Present summary report to the C~t,7 Counc~t and/or Pubhc Utilities Board Phase Ill - Optional Preparation of Elevation Certificates F~xed Fee $9,000 · After the analys~s ~s complete, we w~ll not~fy owners of structures that m~ght benefit from preparation of Elevabon Certificates for use ~n submittal of a LOMA or LOMR · Based on the response of property owners and the d~recbons from the C~ty staff, we w~ll obtain add~bonat Information (pnmanly adjacent ground elevation) regarding specified structures (up to 75 structures), whether residential or commercial, for the purpose of preparing Elevation Certificates Th~s task w~ll be done on an as-requested basis for buildings that could be removed from the floodplain by a LOMR or LOMA process Actual preparation of a LOMA or LOMR ~s not ~ncluded ~n th~s scope of services · Phase III w~tl not begin w~thout authorization from the CLIENT The actual fee associated w~th Phase III may vary from the fixed fee shown, depending on the number of elevabon certificates to be prepared The fee shown ~s for a maximum of 75 certificates EXHIBIT 'B' PROJECT SCHEDULE TNP shall endeavor to accomphsh the work In accordance w~th the following schedule Phase I - Data ,Collection and Problem Identlficabon Phase I, including field surveying, hydrauhc modehng, and report preparabon, w~II be completed w~thm 90 working days of receipt of wntten Authorlzabon to Proceed Phase II - Analysis Phase II, ~ncludmg hydrauhc modehng, analys~s of potenbal ~mprovements, cost esbmates, and report preparabon wdl be completed w~th]n 75 working days of approval of the Phase I report and wntten Authonzabon to Proceed w~th Phase II Phase III - Optional Preparation of Elevation Certificates Phase Ill wdl proceed after completion of Phase II The schedule wdl be set after ~t ~s determined how many Elevation Certificates wdl be prepared EXHIBIT 'C' TEAGUE NALL AND PERKINS, INC Standard Rate Schedule for Relmbursable/Mulflpl,er Contracts Effective January 1, 2000 to December 31, 2000 (updated 317/00) En~lmeer~n9 / Technical From To Principal $125 $150 Per Hour Senior Engineer $75 $106 Per Hour Engineer $65 $95 Per Hour Graduate Engineer $55 $80 Per Hour Sen~or Designer $65 $95 Per Hour Landscape Architect/Planner $65 $80 Per Hour CAD Operator $40 $65 Per Hour Draftsman $40 $65 Per Hour Clerical $35 $55 Per Hour Resident Project Representative $37 50 $50 Per Hour Surveyln~l From To RPLS $75 $95 Per Hour Sen~or SurveyTechnlclan $55 $65 Per Hour Junior SurveyTechmclan $45 $55 Per Hour 2-Person Field Creww/Equlpment $80 $90 Per Hour 3-Person Field Crew w/Equipment $100 $110 Per Hour 2-Person G P S Crew w/Equipment $120 $130 Per Hour 3-Person G P S Creww/Equ~pment $140 $150 Per Hour 1-Person Robotic Creww/Equ~pment $75 $85 Per Hour 2-Person Robobc Crew w/Equipment $95 $105 Per Hour Direct Cost Reimbursables Xerox Copies $0 10/page Plots (Full Size) $10 00/each Plots (11" x 17") $2 50/each Bluehne Prints $1 00/each Mylar Sepias $4 00/each M~leage $0 31/m~le Agendaltpm Date_ /(~ ORdiNANCE ~0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF LITIGATION STYLED CITY OF DENTON v SHADY SHORES 1-35 JOINT VENTURE, CAUSE NO ED-00-00482, CURRENTLY PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF 1N EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the settlement of litigation styled Ctty of Denton v Shady Shores 1-35 Jotnt Venture, cause no ED-00-00482, currently pending in the Probate Court of Denton County, Texas, is hereby approved, and the City Manager is hereby authorized to execute such documentation deemed by the City Manager and the City Attorney to be necessary to the settlement of said litigation, substantially in the same form as the attached exbablt SECTION 2 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 Agenda No , AGENDA INFORMATION SHEET Agenda Item AGENDA DATE: October 17, 2000 DEPARTMENT: Planmng Department GM/DCM/ACM, Dave Hill, 349-8314 SUBJECT - ZP-00-012 (DentonHousmgAuthortty) Hold a public heanng and consider approving a Zomng Plan at 1207 and 1213 Wdson Street from a Single Family (SF-7) zomng district to a Planned Development (PD) zoning district The 1 8 acre property is generally located on the northwest corner of Wdson and Ruddell Streets Office uses for iseveral non-profit agencies are proposed The Planmng and Zomng Commission recommended approval (6-1) w~th concht~ons BACKGROUND The applicant has requested a Zomng Plan approval to construct an office building on th~s s~te The bmldmg ~s proposed to be a two-story office bmld~ng with 10,400 square feet for Denton Housing Authority and several other non-profit agencies The bmld~ng will have a brick exterior and a metal seam roof ~ The subject property is located m a Single Family (SF-7) zomng district created ~n 1969 w~th the City of Denton's first zomng ordmance ~ The Denton Plan shows this area to be within an Existing Neighborhood /Infill Compat~blhty Within these areas, new development should respond to existing development with icompatable land uses, patterns, and development standards Wltl~n the immediate nelgkborhood are found an elementary school, recreatmn center, and a multl-famdy develbpment owned by the Denton Housing Authority Th~s clustenng of lnsUtuUonal uses lends~ ~tself to inclusion of the office uses proposed by the Denton Housing Authority Staff finds,the proposed rezonlng to be consistent w~th the pohc~es of The Denton Plan ~' Ten (10) property owners were notified of the zomng request One (1) response has been received in favor of the request Add~tlonally, nme letters were received in support (See Attachments 1 and 3) PRIOR IACTIONfREVIEW The following is a chronology of ZP-00-012, commonly known as Denton Housing Authority Application Date - July 7, 2000 DRC Date - July 20, 2000 P&Z Date - September 27, 2000 ESTIMATED PROJECT SCHEDULE A Project Plan is required, prior to issuance of any building permits, and has been submitted The Prehmmary and Final Plats were approved at the October 11, 2000 Planning and Zoning Commission meeting FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district It will require no short-term pubhc improvements that are the respons~bllaty &the ctty As a form of infill development, no extension of pubhc ~nfrastructure IS necessary to service this site P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (6-1) of this zomng request with the following condatlons 1 The number of parking spaces be removed from the Zomng Plan and be ~ncluded on a future ProJect Plan 2 Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding resldentml property or to sh~ne and project upward to prevent the diffusion into the night sky OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zomng Commission Report, September 27, 2000, ZP-00-012 2 Planmng and Zomng Commission minutes from September 27, 2000 3 Additional letters of support 4 Draf~ Ordinance Respectfully submitted Director of Planmng and Development Prepared by Beth Hudson Planner I ATTACHMENT 1 Agenda No PLANNING AND ZONING COMMISSION D= STAFF REPORT Sub)ect. Denton Housing Authority Case Number ZP-00-012 Staff Beth Hudson, Planner I A.qenda Date September 27, 2000 Hold a pubhc heanng and consider making a recommendabon to the C~ty Council regarding the Zomng Plan or,the Denton Housing Authonty The request ~s to rezone apprommately 1 8 acres from a S~ngle Family (SF-7) zomng d~stnct to a Planned Development (PD) zomng d~stnct Office uses for several non-profit agencies are proposed LOCATION MAP Location Located at the northwest corner of W~lson and Ruddell Streets Size 1 8 acres Apphcant' R~¢hard Franco Owner Same as apphcant Denton Housing Authority 308 S Ruddell Denton, Texas 76205 The apphcant is requesbng approval of a Zomng Plan from a S~ngle Family (SF-7) zomng d~stnct to a Planned Development (PD) zomng d~stnct class~flcabon for th~s 1 8 acre property Denton Housing Authority is proposing a two-story office building w~th 10,400 square feet for ~tself and several other non-profit agencies The building is proposed to have a brick exterior and a metal seam roof (see Enclosure 1) I '1999 - 2020 Denton Comprehensive Plan Analys,s The 1999 - 2020 Denton Comprehensive Plan shows th~s area to be w~th~n an Ex~st~ng Neighborhood /Infill Compat~b~hty W~th~n these areas, new development should respond to ex~sbng development w~th compatible land uses, patterns, and development standards W~th~n the ~mmedlate neighborhood are found an elementary school, recreation center, and a multi-family development owned by the Denton Housing Authority (see Enclosure 2) This clustering of msbtut~onal uses lends ~tself to inclus~on of the office uses proposed by the Denton Housing Authority Staff finds the proposed rezon~ng to be consistent w~th the pohcles of the 1999-2020 Denton Comprehensive Plan Transportation A Tnp generation The proposed development would generate approximately 150 tnps per day ~f built out w~th office uses Th~s ~s approximately twice as many tnps than ~f the site were developed with the maximum allowed number of single famdy homes B Access The proposed development will have access onto both Ruddell and Wilson Streets C Road Capacity Wdson Street ~s ~dentlfied as a local street bythe Denton Mob~hty Plan Th~s street ~s designed to be a 2-lane undivided street w~thout parking, prowdlng 2 lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 9,100 tr~ps per day Wdson Street ~s currently constructed with 2 lanes w~th parking on one s~de Wilson Street does not carry 2 enough traffic to be studied for traffic counts Staff believes that th~s development w~ll s~gmficantly ~mpact Wilson Street Ruddell Street ~s identified as a collector street by the Denton Mobility Plan Th~s street ~s designed to be a 4-lane und~wded street w~thout parking, currently prowd~ng 2 lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 7,500 tr~ps per day A treffic count at 1627 tnps per day was noted ~n 1999 The most recent traffic count for Ruddell Street indicates that there ~s adequate capacity to handle the calculated tnps that could be generated by the proposed development D Pedestrian Linkages S~dewalks along all public streets are required 2. Utilities Th~s site has access to existing water and samtary sewer I~nes 3. Drainage and Topography New development will be required to design and construct a drainage system to c~ty standards A preliminary drainage study will be required with the submission of a prehm~nary plat The study must ~nclude calculations of the 100-year storm for all drainage areas on th~s property and any area that dreins towards this 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 Signs S~gn details w~ll be shown on a future Project Plan 5 Off-Street Parking New development must prowde parking according to Section 6 of the Zomng Ordinance and the Building Codes The total number of parking spaces required Is the uses ~n the building and the square foot!ages of each use Wh~le the number of parking spaces stated exceeds the standard of 1 parking space for each 300 square feet of building for office uses, the number of spaces ~s very close to the standard needed if medical offices for the community are prowded 6 Lands(~aping This property w~ll have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) Landscaping details w~ll ,be shown on a future Project Plan 7 Open Space and Recreational Areas Nonresidential development ~s not required to participate in the parkland ded~cabon process 8. Lighting L~ght~ng on the property should be designed and maintained so as not to sh~ne on or otherwise d~sturb surrounding resldenbal property or to sh~ne and project upward to prevent the diffusion ~nto the n~ght sky 9 Environmental Quality impacts No negative enwronmental ~mpacts have been ~dent~fled January 14, 1969 - The subject property was placed ~n the Single Family (SF-7) zoning d~stnct and land use classification by Ordinance 69-01 (see Enclosure 2) The subject property is not platted and would need to be platted prior to any development Both a Prehm~nary and Final Plat have been submitted Not~ce of the zomng request was pubhshed ~n the Denton Record-Chromcle on September 17, 2000 Ten property owners w~th~n two hundred feet were ma~led legal notices, and 47 residents w~thm f~ve hundred feet were sent courtesy notmes ~nformlng them of the request (see Enclosure 3) As of th~s writing, there has been one response in favor of the request (see Enclosure 4) Seven letters of support have also been received (see Enclosure 5) No neighborhood meetings were held Denton Housing Authority Is cons~denng s~gmficant redevelopment of a port~on of the Phoenix Apartments, directly north of this site Staff feels that this s~te offers a good location to supervise the redevelopment efforts and provide ready access to agencies that are s~gn~ficant prowders of the social ~nfrastructure Staff recommends of approval of ZP-00-012 w~th the following conditions 1 The number of parking spaces be removed from the Zoning Plan and be ~ncluded on a future Project Plan 2 L~ght~ng on the property shall be designed and maintained so as not to sh~ne on or otherwise disturb surrounding residential property or to sh~ne and project upward to prevent the d~ffus~on into the night sky I move to recommend approval of ZP-00-012 w~th the following conditions 1 The number of parking spaces be removed from the Zoning Plan and be ~ncluded on a future Project Plan 2 L~ght~ng on the property shall be designed and maintained so as not to shine on or otherwise d~sturb surrounding residential property or to sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky I Recommend approvalas submitted 2 Recommend approvalw~th conditions 3 Recommend demal 4 Postpone consideration 5 Table item I 1 Zoning Plan 2 Zomng Map 3 200'-500' Notification Map 4 Property Owner Responses (1) 5 Letters of Support CO SURVEY H SIS.~ NO 1154 POINT OF 50~0 SsS9 38 0 LOT I[ ~cK suRVEY J BRA~sTR~ NO t ~ ~ ENCLOSURE 2 ZP-O0-012 ,(Denton Housing Authority) NORTH ZONING MAP pg ?, Scale None ENCLOSURE3 ZP-00-012 I(Denton Housing Authority) NORTH 200'-500' NOTICE MAP 200' Legal Notices sent wa Certified Mall 10 500' Courtesy Notices sent v~a 1st Class Ma~l 47 Number of responses to 200' Legal Not~ce · Opposed 0 oln Favor 1 · Neutral 0 Percent of land within 200' ~n opposlbon 0% Pg 8. Scale None ENCLOSURE 4 NOTICE OF PUBLIC HEARIN ZP-00-012 The Planmng and Zomng Commission of the City of Denton w~ll hold a pubhc heanng on Wednesday, September 27,, 2000, to consider recommending approval to C~ty Council the Zomng Plan, commonly known as 1207 and 1213 W~Ison Street, from a Single Family (SF-10) zomng d~stnct to a Planned Development (PD) zoning dmtnct The 1 8 acre property Is located at the northwest corner of Wilson and Ruddell Streets Office uses for several non-profit agencies are proposed The pubhc heanng will start at 6 00 p m in the C~ty Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property w/thru 200 feet of the subject property, the Planning and Zoning Commission would I~ke to hear how you feel about this zoning change request and ~nwtes you to attend the pubhc heanng Please, in order for your op~mon to be taken into account, return th~s form w~th your comments pnor to'the date of the pubhc heanng (Th~s m no way prohibits you from attending and parhc~l~at~ng m the pub#c heanng ) You may fax ~t to the number located at the bottom, mail ~t to the address below, or drop it off ~n-person Planning and Development Department 221 N. Elm St Denton, Texas 76201 Attn Beth Hudson, Planner I The zomng process ~ncludes two public heanngs designed to provide opportumbes for c~bzen ~nvolvement and comment Pnor to the public heanngs, landowners w~th~n 200 feet of the subject property are notified of the zoning request by way of this nobce The first pubhc heanng ~s held before the Planmng and Zoning Comm~ssion The Commission is informed of the percent of responses m support and ~n oppos~bon Second, the zoning pebtion ~s forwarded to the C~ty Council for final acbon prowdmg the Commiss~on recommends approval Should the Commission recommend denial, the petmoner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within 200 feet of the rote submit written oppomt~on, then mx out of seven votes of the C~ty Council am required to approve the zoning change These forms are used to calculate the percentage o~landowner opposibon Please circle one Neutral to request Opposed to request Com, TH - Slgnature'~ ~ ~_.~. Malhng Addres~~ C,,y, State Zip: ~ E~%,3"l~k (~ '¥,d '"'~. ~,- ~,~" Telephone Number ' ~ ~ _lt~__~ q~ ~) Phymc.~l ^ddress of Property w~thm 200 feet ClTY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 9. ENCLOSURE 5 ~ DEPARTMENT OF POLICE 60I E HICKORY STREET, SUITE E · DENTON TEXAS 76205 · 940 349 8181 · FAX 940 349 7966 August 30, 2000 Artennon Planning and Zoning Commission The Denton Police Department is writing this letter m support of the Denton Housing Amhonty requesting a zoning change on the property located on the comer of South Ruddell and Wilson Street, &rectly across from the Mamn Luther King Jr Recreation Center The purpose of the Zoning Change is to accommodate the pro3ected new office building for the Demon Housing Authority and Social Agencies The Denton Pohce Department supports the request of ttus zoning change because the Police Department wtll have a Commumty Office in the office buildings The Denton Pohce Department's Eastside Area Community Office has been located at the Phoemx Apartments since 1988 The Police Department would like for the Eastside Community Office to remain in the same area The Police Department feels that the presence of the East Side Community Office in the Phoemx area has had a positive impact on the Community The Eastside Commuraty Office serves as a way for the clttzens to interact w~th the Police Department in their very own neighborhood The location of thc Eastside Community Office is not only good for the Police Department, but is also beneficial to the other Social Agencies that will be located in the same offices Respectfully Yours, Officer Cleopatra BlrckNchler Eastside Area Coordinator Denton Pohee Department 10. 'Dedtcated to Qudttj/ Servwe j ENTON BLACK CHAMBER. OF COMMERCE Auguet 22, 2000 fi~I~ Plannln & Zoning Commission .:~ Ftl Denton, Texas 76201 To Whom It May Concern: The Denton Black Chamber of Commerce Board of D~rectors recently met w~th the Execubve D~rector and Depu~ D~rector of the Denton Housing Authority The purpose of th~s meebng was to d~scuss the construcbon of a new office budding that would a~ommodate the Denton Housing Authonty and vanous social agencies sew~cmg residents In the city of Denton The Denton Black Chamber of Commerce Board of D~rectors unanimously voted its approval to ahgn ~tself with the Denton Housing Authority and relocate the Chamber office ~n the new Adm~mstrat~ve Budding after a mutually sabsfacto~ leasing arrangement is met In pa~nemh~p w~th the Umvem~ty of No~h Texas, we would also prowde a small bus~ness incubator by prowdmg chent suppo~ for the staA up of new businesses We recommend and suppo~ the Denton Housing Authonty's request for a zoning change from S~ngle Famdy (R-7) to Offi~ at their proposed construction Iocabon for ~ts' new Adm~mstrabve Offi~ The add~bonal amemtles prowded by the Denton Housing Authonty's new facd~ty would md ~n the Chambers role of st~mulabng the ongoing economic growth m the c~ty of Denton EIIhu Olllesple, Jr., Presl~nt - Denton Black Chamber of Commerce Cc/John Baines Cc/Denton Housing AuthorlW POBox51026 Demon, TX 76206 Ph (940)48~, ~?.04 Fax (940) 382-9695 11. Denton County Health Department Bing Burton, Ph.D., Director 306 North Loop 288, Sutte 183 Denton, Texas 76209 (940) 320-1464 FAX (940) 565-8621 Planning & Zoning Commission 221 North Elm Denton, Texas 25 August 2000 Gentlemen, The Denton Housing Authority is requesting a zoning change on the property located on the corner of South Ruddell and Wilson. Said location Is directly across the street from the M.L.K. Center. The zoning change being requested is from current single family residence (R-7) to office. The purpose of this request is to accommodate the projected new office building for the Denton Housing Authority and several socml agencies. This zomng change will facilitate the expansion of the current Denton County Public Health Dental Clinic, resulting in expanded dental health care services being provided to hundreds of additional qualified Denton County residents. Thank you for your consideration to this request. Brag Burton, Ph.D. Director ~.p'~'"~k~'-~o - ~'-~f~- E ~~ PLA~d~I~G & DEVFLOPr,'EaT 12. St. Andrew Church of God in Christ 608 Lakey Street · Denton, Texas 76205 (940) 566 0834 Church Office (940) 898-1184 Pastor's Office (940) 898-0909 Fax Supt Kenneth D. Davis, Pastor August 25, 2000 Planning & Zoning Comrmssion 221 North Elm Denton, Texas 76201 Greetings ~ ~ Thts rmss~ve is m support, of th9 Denton Housing Authonty's request for zonlne ehanee The zoning eh~e being requested ~s from the current single family (R-7) to o~fi~e.~ ,0~ church sold the Denton Housing Authority properties on Wflso~a~Street to allow expansion needed m Southeast Denton througl{ the l/rojeeted new office building for DHA and soeml agencies We eone~ ~ith Denton Housing Authonty's comprehensive plans an~ soheit your approval m granting the zoning change If you need further informatiofi ~rom me please contact my office at 940-566-~834. ~ ~stor AUG 2 9 2OOO 13. "Building to Reach Reaching to Change Changing to Impact" TEXAS WOMAN'S UNIVERSITY DENTON/DALLAS/HOUSTON COLLEGE OF NURSING P O Box 425498 Denton TX 76204 5498 Phone 940/898 2401 August 23, 2000 Planning and Zoning Commission 221 North Elm Denton, TX 76201 I am writing ~n support of the request by the Denton Housing Authority to change the zomng of the property at the comer of South Ruddell and Wilson For many years our nurse managed health center, TWU CARES has been located m the Phoemx Apartments The building projected for the location w~ll contain space for the health center as well as other social servlces for the clients of the Denton Housing Authority The Denton Housing Authority clearly needs new facilities to provide administrative and social services to its clients The current facilities are outmoded and inadequate for the needs The plan to consolidate services into one admlmstrative building and eventually build new housing units is a good one I endorse the zoning change to allow the project to go forward Sincerely, Carolyn S Ounmng, Ph D, RN Dean C Rtchard Franco Denton Housing Authonty /wind 14. A Contprehenstve Pubhc Unwerstty Pr.hardy for Women An Equal Opportumty/Afftrt.attve Acttolt Employer University of North Texas Center for Pubhc Servtce Texas lnstttute for Research and Educatton on Agtng Nattonal Academy for Teachtng and Learning about Aging August 25, 2000 Planning & Zoning Commission 221 North Elm Denton, Texas 76201 To Whom it may concern Dentott Housing Authority is requesting a zonmg change on the property located on the corner of South Ruddell and Wilson, said location is d~rectly across form the M L K Center The zoning change being requested is from the current smgle family (R~7) to office The purpose is to accommodate the proJected new office building for the Denton Housing Authority, and social agencies As a resident oi Denton and a person who works to improve the community life In southeast Denton (Phoenix Area) and Owsley Addmon, I have become unpressed with the leadership of Denton Housmg Authority I am confident m then' abthty to create an overall housing program that moves us away from concentrating poorer citizens in a distinct area of the city They know that we need a program that provides opportunities for low income families to have a reasonable quality of life, so that children can escape welfare dependency I enthusiastically support their request for a zoning change We, at the Center, look forward to cooperating with then' staffto create healthy envu'onmants for pubhc housing residents in Denton AUG 29 2000 PO Box 310919 · Denton, Texas 76203-0919 (940) 565-4863, Fax (940) 565 3141 · TDD (800) 735-2989 ]..5. University of North Texas Departmer~t of Ps~ chology Planning & Zoning Commission 221 North Elm Denton, TX 76201 Dear Commission Members, This letter IS written on behalf of the Denton Housing Authority in support of its request to modify the ?onmg fo~ a property at the come~ &South Ruddell and Wilson, located directly across from the M L K The zoning change being requested Is from the current single family (R-7) to office The puipose Is to accommodate the projected new office bmldlng for the Denton Housing Authority and social agencies This proposal represents one of the most slgmficant development projects tn the Denton Housing Authonty's history Ohe of the first phases of a multi-phase development, this will inject a notable investment in Southeast Denton which will undoubtedly improve the area in many ways, including economic value and pride As lmmedmte past plesldent of LULAC and Director of the Center for Cross-Cultural Pediatric Behavioral Health I am keenly aware of the importance of this venture and the mapact it will have on a communit~es since of~dentlty, pride and well-being I, therefore, also understand the wslon from which ~t came I sincerely hope the zoning commission views this opportunity through thel same lens as many who are invested in improving the lives of our minority communities do For many this is seen as a step towards validating Denton's expressed interest in the progress of our Latlno and African American Commumtles Vincent Ramos, Ph D PO Box 311¢80 · Denton Texas 76203-1280 (940) 565 2671 · Fax (940) 565-4682 · TDD (800) 735-2989 Interact httpl//www psyc unt edu I 6. ATTACHMENT 2 Page 7 I pond, a nice featu~ We lncorporaw.,d this f~atllrO I MR M~[LL CO~lSSlon~ Wflhams, do you 2 ~ am~ c~ Wc have found ov~ ~o 2 have a qu~tmn? 3 ~n fact a ~oup study scv~al y~s ago md~c 3 MR WILLIAMS Yes On 4 ~e pubhc hk~ fl~e ~t wh~ 4 the last sen~nce sm~ that ~t will bo 5 ~ l~k~n and 5 6 6 HOPK~S Y~, sir 7 7 I d k~nd of hke to 8 ~fl: which ~'~ go~n8 ~ h ~c 8 ~c private a~ Is 9 p~c a 9 ~oup 10 x~H ~ abl~ ~nd~v*dual 10 11 ne~borhoods, and com~ back 11 It's a mandato~ 12 ~n~s Andax aplay~ound~ Itwfll 12 13 ~ve a pool It will bmld~ ~at 14 p~ r~m and So ~'ve 14 facflm 15 m~ to u d make ~t a cenWal 15 16 fm~ and a ~ f~ along ~o 16 e of ~t 17 boulex~d bo able 17 Ma xhank you 18 to s~ ~t 18 MR YCS, sir 19 19 O~ qu~tmns? 20 [ MCNEILL ~fom We ask [ 20 much 21 ~'d hkc to 21 HOPKINS Thank you 22 to ~c preenings so ~t -- m ' ~at 22 MCNEILL 23 lc don't have fl~c oppo~m~ ~ make input ~e 23 ~p~ c:~ for or against 24 24 Anyone else hke ~ sp~k for or against 25 MR HOPKINS okay One ~mg I'd hke ~ do 25 proj~t? Anyone else? H~nng none, we'll close thc Page 6 Page 8 · en ff ~v~ want to be a h~l~ b~t mo~ ~panslw ~s the I pubhc on ~m final closing 2 - flus m ~o ~evattons ~at we 2 remarks by 3 facd~ As you can s~, as we're workm 3 stuff ~o~ends 4 ~fl~ a 4 okay 5 of a h~ quah~ mason~ roof ~t 5 qu~tmns smf~ ~ank you 6 ~ ~om ~ ~h ~e s ~at we've 6 7 I world mvlt~ 7 APPLE I m approve 8 ~ e ~ kind of rake a and ~ what 8 No ~ as ~om~end~ by 9 ~e've done ~ models a~ ~ ) for ~e 9 stuff 10 braid.s ~e l0 RISHE[ ~ond 11 sc~nmg wall and f~ ~ m 11 MCNEILL d and s~ond~l 12 ~ndscapm8 m w~ks away from being 12 ~at ~ ~ Pmsmc 13 fims~ ~d s a v~ g~ looking 13 Any none, let's x ore 14 proj~t 'm going ~ say ~at 14 : 7 0 15 -- m a pmj~t 15 7 A~nda Itm 6 ~s 16 ex.one can 1 t ~ ans~ any 16 w~th ~e -- I'm so~ A~da I~n 6 ~s 17 17 18 18 : zoning plan So I beheve Ms Hudson has th~s 19 Okay I boh~e 19 20 ~ d 20 Ms HUDSON T~nk you, lad~es and ~tl~en 21 ~ HOPKINS Idhkcto 21 of the Co~ss~on ~c~uestm fmrlys~ple Anyone who would be m~ 22 ~nton Housm8 Au~on~ m proposing to rake ~e ~o on ~m bmch~ for yo~ ~f~ncc 23 small lots n~t h~ ~at am c~ntly ~n~ ~e ~ what wo'~ sending o~t to a~ ~ co~unl~ 24 Single F~lly ~ld~tlal and ~n ~ ln~ an 25 now 25 a~m~s~at~ve office for ~mr use ~ a~ also PLATO A~ ZO~G ~E~G S~P~ER 27, 2000 Page 5 - Page CondenseltTM Page Page 1 I providing space for several other nonprofit agencies And I to three The LULAC and NAACP would also be housed there 2 one of the things that the Denton Housing Authority 2 and this comes as a result of a civil rights setllerncnt 3 proposes to do from this location Is to ovocsee the 3 that reqmres the Housing Authority to provide that space 4 renovation of tho Phoenix Apa~nents that are directly to 4 As I ~ndlcated earlier, this morning or this afternoon I 5 thou' north Marcy Ratchff has passed out two additional 5 met with 28 health care g~vers who are helping us com~ up 6 loners of support that w~ received al%r the staff report 6 w~th a comprehensive medical program to be housed m this 7 was written and distributed and I will be bern to answer 7 space Anything else, slr'~ 8 any other questions that you have 8 MR MORENO EXCUSe Inn I was just wsmng 9 MR MC'NEILL comllllSsloners, any questions for 9 wah Mr Snyder I probably, don't need to I don't think 10 staff before we receive input from thc applicant'? Thank 10 but I probably should go ahead and disclose that I vc been 11 you Is the applicant bern? Please stats your name and 11 a member of LULAC for a long long time But there ~s no 12 address for thc record 12 profit motive There's no conflict of mtarest so I'd 13 tar FRANKO Honoreble members of thc 13 hke to stay and hear thereat of your presentation 14 Commisslua, my name is Richard Franko I'm the Executive 14 MR MCNEILL IS that all your questions'~ 15 Director of the C~ty of Denton Housing Authority Our 15 MR MORENO YeS s~r 16 request ~s very snuplc Wc respectfully re, quest that you 16 MR MCNEILL I believe Commissioner Wllhams 17 honor our request to rezone properly so that we can move 17 has a question 18 forward with the construction of th~s bmkhng which is a 18 MR WILLIAMS Yes Has them been a need 19 10,000 square foot building, a two-story building 19 assessment with the cotmnumty to see whather those social 20 Here's a site plan that gives you the position 20 aery:ess are needed? 21 of where we: would be located in that area And on this 21 Mn F~.NgO The socml services am ongmng 22 floor plan, it d©lmeatos the vataous other social 22 for the most part They're obviously needed At our 23 economic, and medical programs that would be housed. With 23 discussion this morning with the 28 health care g~vers 24 tho exception of ~wv cares which just recently pulled out, 24 that was one thing that kept coming up over and over again 25 the rest of thom will be in place with -- in addition to 25 as to the need in the community for medical care The Page 10 Page 12 that, Just today, I met with 28 health care givers that 1 small business incubator, we thd a survey last year that 2 are working to crea~ a more comprehensive program that 2 lnthcatad there are young people m the neighborhood that 3 will be housed hero in this building Appreciate your 3 would hke to inmate small businesses and therein the 4 mtere, st and respectfully request you honor our request 4 purpose for estabhsh~ng one m that building 5 MR MCNEILL Any questions for the applicant 5 MR WILLIAMS okay But I stdl didn't hear 6 Commissioners? 6 whether -- for the other social services, was there an 7 MR WILLIAMS [ have some questions 7 assessment of need done w~thln the conmmmty? And I think 8 MR MCNEILL okay Mr Moreno I believe was 8 a simple yes or no would kind of answer the question 9 up first 9 MR FRANKO [ don't have an assessment for l0 MR WILLIAMS oh, okay Thank you 10 you, no 11 MR MORENO Y~8, sir, Mr Franko Our backup I 1 MR WILLIAMS SO yOU thdn t do a need 12 says that thoro are office uses for sever/al nonprofit 12 assessment7 Okay Thank you Also, I've heard concern 13 agencl~s are proposed Would you name some of those 13 in thc conm~umty in regards to tho lack of maintenance 14 agencl~, please? 14 within the property that the Housing Authority owns m 15 Ma mango Yes, sir We will have a small 15 southeast Denton as compared with thc property it owns m 16 business incubator that tls Umverslty of North Texas 16 other neighborhoods Could you address that concern 17 School of Applied Economics wtll provide t~hmcal 17 because from my driving by the Phoenix, probably a third 18 asslstanoe to small businesses m tha area that wish to 18 of ~t is unusable Whareas, when I dr~ve by your property 19 expand or initiate new businesses The H~spanlc and Black 19 on Ball and Coronado I don't see that 20 Chambers of Commerce will be housed there to support the 20 MR FRANKO There may have been a maintenance 21 small business incubator We are providing space for the 21 problem in the past But at least for the last two and a 22 pohoe department, as we currently have in the Phoenix 22 half years that I know of there aren't any maintenance 23 Apartments Andwewdlhaveathr~-cha~rdentalchme 23 problems Wc spent over half a mdhon dollars a year 24 that th~ County of Denton administers for us We 24 maintaining those old facthties Those old facthties 25 currently have a ono..chair operation and we will expand ~t 25 are last resort housing for a lot of people and they're PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 9 - Page 12 Condens~ItTM Page 13 Page 15 ' 1 utthzed constantly We have, indeed, feoccd off 43 umts 1 project that we am getting ready to vote on? That's what 2 which we intend to dcmobsh and create new town homes on 2 I want to know 3 that prope~'ty But at this juncture, we have no 3 MR FRANKO we discussed the building project 4 maintenance problems 4 and other projects as well 5 MR WILLIAMS And my last question ts when 5 Ma WILLIAMS And the reason I ask this 6 there were plans for building other pro.lects or other 6 quesUon, I was at the Small Area Planning Committec and 7 buildings in other parts of Denton, there were commumty 7 there were nnilors floating all over about they were going 8 meetings held I noticed in my backup there was no 8 to build townhouses on Lake and Wilson They were going 9 conunumty meeting held Why not? 9 to build a high-rise right where this is being proposed l0 Mil. FRANkO we've had as many as slx or seven 10 And I'm kind of confused because it seems hke the 11 meetings in the community 11 conununlty ~s concerned because of the reputation that thc 12 MR WILLIAMS community meetings 12 Housing Authority has In soutbeast Denton 13 MR FRANKO Yes We've have slx or seven 13 MR~KO t don't know what you're 14 commumty meetings Not perhaps in accordance with what 14 referring to I'm relatively a newcomer to Denton and I 15 you're referring to but we've met with every group m the 15 tblnk we enjoy a fairly good acceptance and reputauon 16 community We've spent as much time as we could possibly 16 MR WILLIAMS I don't have any more 17 spend mfonurng people of what we intend to do I don't 17 questions 18 know that we haven't covered everything I flunk we did a 18 Mn MCNEtLL other Commissioners? And the 19 falrlygoodjob ofgethng the word to the majonty of the 19 hghts areworkmg bythcway self you press your 20 community and we've gotten some good feedback from them 20 buuon I'll know whether you were up to want to speak 21 Witness the lcucrs of recommendation that you've 21 Other questlons'~ Thank you very much 22 received 22 MR FRANKO Thank you very much 23 MR WILLIAMS okay I guess lily question SO 23 MR MCNEILL IS there anyone in the authence 24 thc information we have in our backup IS not trt~e You've 24 who would hke to address this ISSUe e~ther for or 25 had community meetings 25 against? Anyone in the authence who if you so desire Page 14 Page 16 I MR FRANKO I've had community meetings, yes please come forward And if there's others who wish to 2 MR WILLIAMS In regards to the office 2 address it If you'd move down to the front so we d be 3 project? 3 ready to hear you as soon as the preceding person 4 MR FRANKO In the MLK, I've had community 4 finishes If you'll state your name and address for the 5 meetings 5 record, please 6 MR WILLIAMS In regards to the office 6 MS PHILLIPS SUre I often say I'm ge'Stag 7 project9 7 older now so u takes me a little while longer 8 MR FRANKO In regards to the office project 8 Ma MCNnILL That's all right We can wmt 9 MR WILLIAMS Yes So this Is false9 9 MS PHILLIPS My name is Carolyn Phillips and 10 MR FRANKO I have no idea what that says 10 I reside at 722 Lake3* I know you guys are tired of 11 MR WILLIAMS It says nO community meetings 11 seelng me and I won't tm'n that around but we find a need 12 were held 12 to be hem again tomght I'm meeting on behalf of the 13 MR FRANKO well, I don't know what that 13 Southeast Denton Neighborhood Association I've asked 14 means Perhaps SOlneone can explain that to me 14 members of our Executive Conumt~e and other members to bc 15 MR MCNEILL staff, would you llke to define 15 w~th us tomght and we've had some to come We had a 16 commLlnlty meetings9 16 meatmg on Monday night so this was kind of a heavy week 17 MR REICHHART I believe typically what we 17 for us but nevertheless, we am here 18 refer tO as that is the neighborhood meetings that staff 18 I want to say up front that we're speaking m 19 goes to also I don't believe we had one initiated by 19 opposition of this proposal It has no bearing upon the 20 City staff I do believe the applicant has had a number 20 staff and the hard work that has been dono! find the 21 of neighborhood meetings 21 Chairman of tho Denton Housing Autherlty or the d~rector 22 MR FRANKO We did indeed We had one where 22 very charming and I enjoyed chatnng with hun very much 23 the Mayor was present and we had a great turnout on that 23 but I don't find it charming the conditions of this 24 occast0n 24 proposal nor do I find it charming the conditions of the 25 MR WILLIAMS Did you discuss the bultdtng 25 proposals thereafter PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 13 - Page 16 Condons~ItTM Page 17 Page 19 I I do know that we're her~ for one property I address this As I said, we have a variable makeup 2 tonight Initially, we were for that But I must say 2 There has been a longstanding, to make you understand 3 that now the Denton Housing Authority Board, the Exeaut~ve 3 where we are here, there has been a longstanding 4 Dlr~tor, and the members have proven to us that we cannot 4 neighborhood group that we know and understand to be 5 support this tonight Wc f~l hkc the basis of this ~s 5 C~ty-appointed in southeast Denton City-appointed means 6 that the unwllhngness to be forthright to the 6 that :t was appointed It moans to us that it was 7 neighborhood association Southwest Denton, as you 7 appointed by the City We certainly respect tbetr work 8 probably know, we're diverse, variable We have problems 8 But to bring ~t on home, we ate a neighborhood 9 hke any other neighborhood We're hko a lot of them 9 association that was formed by, for, and on behalf of the I 0 But m many ways, we are differeat Different 10 residents and we were formed and organized with assistance 11 neighborhoods and situauoos call, in my opintoo, for 11 of the Hue conunumty Budders Program to operate 12 dlffererlt clretmlstaneas And the one thing, the number 12 independently And we are not the same as the NiCE 13 one thing that we need over tbere Is good communication 13 group Now I know that these organizations are real 14 and we need it at ItS best because, at tho very worst, we 14 have a tendency to what to gravitate to what they're 15 can end up with smun protly big probl~us 15 comfortable with and when there is a lack of agreement 16 comammcatren wise 16 it's easier to gravitate there But I want to make a 17 When dns ~ntire project, and I'm going to use 17 clear, we are a different orgamzatlon 18 this for a lack of a borer word, was flung from the 18 I just want to say in closing that I hope that 19 University Drive back door back wbere it usually lands 19 you will do theac things I hope that you will kick th~s 20 into our front door, p~ople liked, I behove, tho idea of 20 back to be done what should have been done to start with 21 non-clustering, and I'm one of those people I'm not 21 and that Is meet with all of the resMents so that 22 against low income housing I can't afford to be because 22 everyone can have that oppori~mty 23 I am one paycheck or two, at the very most, away from 23 I hope, number two, that you will know that a 24 needing those services myself So I want what's good for 24 200-foot s~gn and a 500 foot sign in our community is not 25 the community I know without a doubt that it's good for 25 the same as ~t is in another one So I hope that you will Page 18 Page 20 I Denton But I am just not certain that we can trust what I take all of th~s into consideration Them are no hard 2 we have before us I love the concept, but I love the -- 2 feelings at all but we just want to make sure that the 3 so to speak, I love the mans but I don't love the means, 3 right thing is done by the residents 4 so to speak 4 And I will say this and I will take my seat, 5 I think that the dlgmty of the residents has 5 in all of the fishing the property fishing that's done 6 been sort of compromised heR: because of the seemingly 6 over in southeast Denton, there is the best fishing going 7 methodical and attntional degradation proposal made l'm'e 7 on ngM now because even thc best one will sometimes come 8 and what ~t would do to preservation And that's the 8 up with a turtle I say that to be funny But it seems 9 thing at the Southeast Denton Neighborhood Association we 9 like sF 7 is all we can come up or sF lo or where you can 10 try to put forth more than anything else 10 place a house ~s all that the Denton Housing Authority has 11 I want to say that the director mot initially i I come up w~th over there I appreciate your tame and I 12 vath me I could eot meat with a group of poaple tbe 12 bepe you have a better insight 13 first mooting because I had a schedule and a job I met i 3 MR MCNEILL JUSt a second, I tlunk there's 14 initially and then I invited them to the SEDNA meeting 14 some questions ComllllSSlOner Apple 15 Only on an invitation have they been them They have 15 MS ^PPLE could you help me out by telhng 16 promised that they would be back with moro mformatren and 16 me specifically what you have a problem with? 17 they have not come back There is a whole new world of 17 MS PHILLIPS specifically? 18 southeast Denton residents that did not and we~ not able 18 MS APPLE. yes, ma'am 19 to attend that moating that we had at 7 00 19 MS PHILLIPS okay We have a problem with 20 I want to address one other thing and I want 20 not being and we don't think that information has been 21 us to understand some of the problems that we're up 21 given to the entire community the way that :t should have 22 against if we make them a problem I don't choose to make 22 not just on the bas~s of this one case but we know th~s is 23 it a problem because it's not a problem for me If it is 23 a project It's a passionate thing We all have our 24 a problem for someone else, then they need to address that 24 opinions But the main thing that bothers, that we talked 25 problem But this ~s about the only tune thot I mtead to 25 about m our Executive Conmut~ee meating is tbet we don't PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 17 - Page 2~ CondenseltTM Page 21 Page 23 I foal hkelwo have gotten information that -- m other those groups, although I wdl say I don't trunk that sonic 2 words, if you have a group that you have been working w~th 2 of those groups are necessary I think that's an example 3 for years and yearn and years, whether you were productive 3 that -- I behove I heard Commissioner Williams mcmmn I 4 or whether you were not you tend to want to gravitate to 4 agree w~th him on that Only - Ws time for tho 5 that group We don't intend to have that problem 5 residents to say what's needed It's one thing for socml 6 Ms APPLE SO you're specific complaint Is 6 services to get together and say what we n~xl, but tlx, 7 that you wem not awamofthespealficsofthlspro3eat 7 residents should have soma ~nput andmomthan one Iwo 8 You were not aware of any community meetings or any of the 8 three, four, or five, and certainly mom than me So thai 9 neighborhood people that got together 9 ~s my complaint 10 MS PHILLIPS My specific complaint is that I 10 MS APPLE okay Just -- I don't mean to 11 was made aware I would not be so I would be remiss ff 11 keep you up here for a long tone I apologize 12 I didn't admit that I was made aware of what th~s project 12 tis PHILLIPS III stay as long as you waot 13 was I was, and at one SEr)NA meatmg we were made aware, 13 mete 14 but the turgets chenged after that and no one eame baak 14 Ms APPLE BUt I'mjust trymg to understand 15 I sent l~'rs to the Mayor who Is over this umbrella and 15 since you said you're representing the neighborhood tl~c 16 I have sent letters to the Board and I've sent letters to 16 Southeast Denton Neighborhood Association, you m going to 17 the Exeaut~ve Director and I haven't received any answer 17 be my contact person So do you not think there's a need 18 MS APPLE could you sham with us what 18 for the three-chair dental? I'm trying to get kind of 19 chanl~xl~ that has -- 19 specific here so I can sea exactly where the problem 20 MS PHILLIPS oh, for this specific pmjeat? 20 Do you not think there's a need for that? 21 MS APPLE YeS ma'am 21 MS PHILLIPS I think that Is a fine -- who 22 MS PHILLIPS For thls specific project, for 22 would not want a dental chmc? I think the problem 23 instance, In the beginning and you know rumors am in 23 the reputation of services and other things in the past 24 every commumty but we have more than our share, it seems 24 It could be a beok that we could get into I won't do 25 to me I guess everyone feels that way For instance, 25 that We get into all kind of things hke variables Page 22 Page 24 I the first t[nng that I heard was that there would be an I MS APPLE I m SOITy tO interrupt you The 2 office for tho -- it was, like, the ~qAACP and LC~AC that 2 reputation of what services speo~flcally? 3 was the first thought And then I have heard of others 3 MS PHILLIPS whether or not all the people 4 that would be over there in that office complex Then It 4 m our community are served and served properly You 5 changed to I'm assuming Black Chamber of Commerce, what 5 know, them are many issues that we head to dec,de what we 6 I heard hero tonight, I did hear that, but I've heard two 6 need over theze beaause if all of the penple am not being 7 or three tlungs at two or three different times And we 7 served or all of the people feel like tbey'm not being 8 were told that we would receive more information at a 8 served, then I think on a one-on one basis, a project that 9 later time of which we thd not 9 is begmmng I think we have to start at the hegmmng 10 Now, my concern again is that thoro IS - I 10 And tml¢ and t~me agem for instance I won't name names 11 continually meat people in the community that don't know 11 but one orgenlzaUon, I heard complaints that people were 12 anything about this That tells me that those community 12 constantly turned away But then I read later that we 13 meetings were done as they were usually done for a long 13 need people and that type of thing There could be 14 time ago, there's been a tendency over them to meet with 14 variable reasons for that but rm just saying we need to 15 one or two people on behalf of the community Now, 15 examine what those reasons are and not take the word el 16 whether or not during that time that was the acceptable 16 one or two people m the community for what we need 17 thing, I'm just saying if them IS a change now I guess 17 And if I can say this, there ~s no thwslon 18 we'll have to preach the same sermon at the other Councd 18 related to me and misted to the SEDNA that I know of 19 meeting and wherever else we need to preach It because 19 w~thln the southeast Denton community as it relates to 20 somebody needs to hear 20 groups or anyone else Our job is to see that there are 21 MS APPLE SO are you objeatmg to some of 21 none by anyone else I'm able to and I tlnnk all of us 22 the Dr Franko mentioned all the groups that would be 22 are adults and we're able to work md~ndently or 23 housed in that Do you have a problem with some of those 23 together But I'm just saying whom them is a mix-up I 24 groups? 24 want to clarify that because we're apt to one day need to 25 MS PHILLIPS t do not have a problem with 25 come before you again and I'm going to need to do th~s PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 21 - Page 24 CondcnscItTM Page 25 Page 27 I ahem, hSpcfully 1 of people Yea, hc met with mc and gave mc some initial 2 MS APPLE well, I appreciate you answering 2 plans at the very beginning with a promise that you know 3 the questions because what we're deahng With, ~ have 3 he would come to oar meeting 4 some letters that are in favor of this from members of the 4 MU RISHEL And what was the other group of 5 community And we have a letter from tho pastor of St 5 people that he was asking you to meet 6 Andrew Church of God and we have quite a lot of 6 MS PHILLIPS He WaS asking me to meet wath I 7 information up here from different sources so 7 beheve the members of NICE group There was hkc 8 MS PHILLIPS what I would like to address 8 beheve there was five or six people whose name he 9 there ~s and what I was trying to express hero was there 9 stated I work 8 00 t~ 5 00 and they were meeting for 10 has been a tendency to rely upon group leaders and group I 0 breakfast so I reformed them that I could not meet then 11 heads as opposed to the commumty When the lights go out I 1 would need to meet at an alternate time, and he 12 and the Crowd gets thin over there tt will be the 12 acconunodated me on that and we met And then I told hnn 13 rea~deats that will have that faclhty If tt ts a 13 that the netghborhoed would need to hear from him and I 14 pastor, that pastor may or may not live In that 14 invited him On the invitation he came but he hash t 15 commumty But we am relying on sources other than the 15 offered to give any mom reformation, hasn't offered 16 gist of the conmaumty Ask yourselves how many people 16 hold a cmranunlty meetmg of any sort What I call a 17 meet at different groups And l'll just use tho 17 cotmnumty meeting 18 mtmster's allmnce for an example They am a very 18 Understand ff this ~s were one zomn8 case 19 important group but they am m~msters of each of tho 19 tt wouldn't be a problem But this is -- ff you don t 20 churches, but they are not the commumty all of them are 20 start at the root of somethmg, at the foundation you re 21 not 21 starting at a thsadvantage I don't intend for us to be 22 MS APPLE SO as I'm understanthng ~t, the 22 at a disadvantage for a lack of knowledge and I want to 23 Southeast Denton Ne~ghborhoed Assectatton would prefer 23 make that statement clear right now 24 that this just remain single-family land and not have the 24 MR EISHEL And the plans that you saw or thc 25 facthty? 25 ideas that you and Mr Franko discussed m that first Page 26 Page 28 1 MS PHILLIPS we would prefer that but we am i meeting, what do you see now that ~s thffereot from what 2 open enough to say that if this thmg can go back to where 2 he would have presented then7 3 everyone m the commumty can have an opportumty, because 3 MS PHILLIPS ~ you asking me about what s 4 you see what has happened here, we have cut out an entire 4 before us today or the entire plan? 5 group of people, people that do not attend meetings 5 MR RISHEL what's before us today 6 people that do not come to a SEDNA meeting, people that do 6 MS PHILLIPS what's before us today, I don t 7 not ge to a NICE meeting This ~s not a bash any group 7 see that there was anything d~fferent other than the fact 8 Th~s ts a try to see that everybody have an opportumty 8 that I perceived or - I don't want to say he told me but 9 It's not a stalhng thmg to tx7 to stall this process 9 I perceived that tt was two different groups and they re 10 We are for preaurvatton Wethmkthet, and I'm trymg to 10 altogetherdffferent Iperce~vedthatttwasIthmkl 11 stick to th~s particular case, we think that this Is the 11 said, I get them mixed up, LULAC and NAACP [ also I 12 begmmng of where we need to start to state the fact that 12 think I got tt tn writing somewhere that it was -- at onb 13 we feel like there hasn't been adequate communication 13 point tt was supposed to be NICE at one point it was 14 MS APPLE Thank you for your time 14 supposed to be hke neighborhood groups and what have you 15 MR MCNEILL conLrfl~ssIoner RIshal 15 MR RISHEL would tt help tf Mr Franko were 16 MR RISHEL MS Phflhps, Mr Frankometwtth 16 togoputhls plan back up here and enumerate the groups 17 you very early on tn this thscusston Is that what you 17 that he thought he had 18 satd'~ YOU, personally? 18 MS PHILLIPS well, I have a clear 19 MS PHILLIPS I thdn't hear the first part of 19 understanding 20 your queetton 20 MR RISHEL I see 21 MR RISHEL Mr Franko met with you regarding 21 MS PHILLIPS H never was a queataon of my 22 the plans early on in your commumcatton w~th him, ts that 22 understanding It's a question of whether or not the 23 correct? 23 Southeast Denton Neighborhood Association sec what ! m 24 MS PHILLIPS With me Mr Franko met with 24 -- what we're up agemst tomght, we're aslong a C~ty 25 me mdtvIdually after I could not meet with another group 25 entity to make an exception on another City entity, ~s the PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 25 - Page 28 CondeasoItTM Page 29 Page 3 1 way we look at tt Denton Housmg Authority is the from? 2 City You are the Ctty What can l say? Idon'tthmk 2 MS PHILLIPS lthmklnanycommunltyatany 3 the ¢om.mumty has had ample information 3 g~ven time you would have that That's why ~t's a 4 MR RISHEL The Denton Housmg Authority ts 4 cmmuunay But I think what could come positively out of 5 not the City I mean, it's a totally mdependent group 5 that would be that we would have some and probably a good 6 from the City, at least, I think I represent 6 amount that would understand And understanthng ns the 7 MS PHILLIPS I understand that but when I 7 best thing that we can have 8 pull up on the County records, tt says Denton Housing 8 MR RISHEL Yeah I think we soo 9 Authority, CRy of Denton And that's what I'm going 9 traditionally or lastoncally when we have a chance to 10 upon 10 conm~umcate with neighbors and neighborhoods and people m 11 MR RISHEL Yeah But It'S a private 11 the conmmmty m general, that we are able to put together 12 corporation 12 the very best plan when we do away with the unknown 13 MS PHILLIPS I understand that fully I 13 factm s for people and what they do not understand or they 14 understand that fully 14 do not see how ~t relates to the rest of thc commumty 15 MR RI~IHEL okay So is there anythmg that 15 Is thom anything about a as you see it now, that you 16 you saw on the representation that he presented tonight 16 are offended, by or is offensive to you as a plan, as 17 that's different or misleading from what you would have 17 something that m~ght or m~ght not go w~th the ex~stmg 18 heard when you and he met originally? And if there ts, ts 18 school over thom, with the Martin Luther Krug, Jr 19 there any way to correct that9 19 Center? 20 MS PHILLIPS TO answer your question, I 20 Ms PHILLIPS AS a plan - as a plan I don't 21 think it was hke when you asked me just a moment ago, l, 21 pamcularly hke tho two stories I don't like that 22 was the two entities, the two -- like NAACP and LULAC cnn 22 But as a plan, I think that I think that what offends 23 it wound up "that was understandmg, but now I'm not 23 me is that thom are warehouses and thom are other areas 24 giving him -- I'm not saying -- I'm just saymg that was 24 of southeast Denton to where see, this is why 25 my understanding But tonight -- and I found out later, 25 cmmnumcatmn to tho md~wdual community is so important Page 30 Page 32 I you know, before tonight, I heard It through tho grapavme 1 We might have had a good solution that we would have boon 2 that ~t was not th~m but it was the two that he mentioned 2 happy w~th all along had we not had the Housing Authority 3 tonight Again you keep going back to what I m~derstand 3 depending on a very few people 4 I think my understandmg is clear, pretty clear now 4 I think that thc you know, we've heard all 5 Ma mSHEL DO yOU think that Mr Franko has 5 sorts of rumors but I think that that building would 6 misrepngsentedltmsomnway? I'm not qmta sum Has 6 really offset tho courthouse moro than a would MLK 7 Ivlr Franko misrepresent it in some way, what ho presented? 7 Center But I don't know that the courthouse wants that 8 MS PHILLIPS wh~t ~ Franko represented? I 8 bullthng over thom or anything to do with the low income 9 don't think so I think o's the problem of 9 housing I don't know that but If anyone had asked me 10 mpresentatlon, not misrepresentation 10 what I thought, I would have thought that that two-story 11 MR RISHEL But he took the time to m~t w~th 11 building fac~n8 that two to tho~ to four-story courthouse 12 you thmcfly knowing that you w~re someone who was 12 would have benna nice offset, as opposed to all of the 13 concerned about your neighborhood 13 extra traffic, all the extra children that might want to 14 MS PHILLIPS He took the time to moot w~th 14 cross ~o MLK c~nter and ~t may be a danger when their mom 15 me directly and I have no doubt that ho has taken the amc 15 and dad are seeking services I don't know We can make 16 to meet with others thmctly 16 any seanano, but that's just my thought I would say 17 Ma RlSHEL Yes, ma'am 17 that people that hve around thom m~ght feel hke o's 18 MS PHILLIPS But what I have a doubt and 18 congested once that thing gets m them But I'm just 19 could almost give you a 99 9 percent surCoj of ~s that 19 speaking from a coannumcat~ons standpoint 20 thom a~ others, a group, good group of otlm's in the 20 MR RISHEL Thank you 21 commumty that ~f you brought thom hem tonight, they 21 MS PHILLIPS 'thank you 22 would say I don't know anytlang about ~t 22 MR MeNEILL ColYnlllSS1Oner W~lhams 23 MR msngL nnd do you dunk ff we had th~s 23 MR WILLIAMS Yes Ms Phdhps, I have 24 slx months from now, we'd still have tho sam~ thing, the~ 24 looked at these letters from the eommumty, and th~s ~s 25 would ho people that thdn't understand where th~s had como 25 not to shght any of these mthwduals who wrote them but PLANNING AND ZONING lVIEETING SEPTEMBER 27, 2000 Page 29 - Page Condcnsclt ~ Page 33 Page 35 I seems hke everybody that I know who wrote lepers have I Planmng and Zomog Conumssioners and left ~e othec ones 2 k~nd of a vested mtercst tn this And l know that I've 2 out and that's just the way tbe pohtms of thc game 3 heard complaints that southeast Denton felt like they were 3 plays And unfortunately th~s ~s where you're at ~s 4 resulted m that they had commumty men[rags m regards to 4 u's a polmcal thing where certain people, we get 5 projects that they were going to do And these were 5 letters from certain people and other people we don t 6 community meetings, not p~ck and choose, not leadership 6 really talk to We don't bnng them tn because we re not 7 meetings Have you heard anything of th~s nature? 7 sure how they're gemg to come across And I understood 8 MS PHILLIPS Conu'olssioncT Wdhams, I have 8 completely what you're feeling 9 heard any number of things but just to share with you one 9 But as a Planmng and Zomng Commiss~oner I m 10 or two things that concerns me and that I have - from 10 here to make a deais~on based on whether th~s use an 11 what I have heard For instance, I have heard that there 11 office use from single family can become a Planned 12 am those that have sold property say, for instance, to 12 Developmeat and that's how we're zomng tt And I m 13 th~s etmty and they're for ~t I have heard that there 13 hearing what you're saying and I'm torn because I m 14 are those that may be, they may or they may not be a 14 president of my nelghburhood assocmtmn and I knox~ 15 Section 8 landlord I don't know that If I get some 15 exactly what you're tetkmg about And I can just hear my 16 tnformattoo to that effect, theoIwouldknow But[hen 16 beartpouodmgforyou But theo the Comausstoner part of 17 there are those that have been had longstanding 17 me comes forward and says well, I am my dui) 18 partnerships But the problem wtth that is that these 18 make th~s zoning e~ther happen or not happcmng ba~ed on 19 partnerships have been - I don't want to I know 19 the mformauon And so I just have one question for :.ou 20 there's been some good work done and I certainly am not 20 Are you m favor of a Plaoned Development zomng for th~s 21 quabfted to go back m tune and say the productivity of 21 p~eae of land despite no neighborhood meeting despite all 22 tt. but the problem is them are more people m southeast 22 thc thmgs that are unjust? Would you want th~s to be a 23 Denton that need to give input And the input that I have 23 Planned Development ptece of property? 24 heard Is that there are various reasons as to why people, 24 MS PHILLIPS The answer to that is no 25 some people have supported this 25 MS GOURDIE. okay So you'd hke to keep Page 34 Page 36 I Now, not everybody agrees with SEDNA members i single family even tf u became sF 7 SF $ e~ eo smallec 2 aodIthmkthat'sbealthy Ithmkg'sveryhealthy I 2 wlnch could be the problem there Ijust'.~anttomake 3 don't expect them to But ! just would like to sec that 3 sure that you don't know what could be the fulure It 4 the conmmmty have the opportunity to agree, thsagree, 4 could be even worse than an office bufldmg And hea~ en 5 gtve some mput We might not need a dental clunc We 5 forb~d. I say that 6 m~ght need something else But I think it's the community 6 MS PHILLIPS Yeti 7 and the counnumty as a whole that needs to decide that 7 MS GOURDIE okay Thank you I appreciate 8 MR WILLIAMS Thank you 8 your time 9 MR MCNEILL COOUlUSSlon0r eom.die 9 MS PHILLIPS under these ClreBmstanc~ ~es 10 MS OOURD[E Thankyou Ms Phtlhps, Iwant I0 And I'll sey this I don't feel frustcatod by a lack of 11 to first commend you on begommg such a strong voice for 11 reformation as ~t relates to that I feel frastrated for 12 southeast Denton I hav© for about the past yeer and a 12 thepeople Andth~stssomethmgthatwewflldealx~th 13 half two years, I see your name evean~wbere and I just 13 and them are many ways to deal wtth tt And, bebex e me 14 want to commend you on that because I know neighborhood 14 we wdl 15 assoetattons are a very important part Unfortunately, 15 MS GOURDIE mght And yom' vmce is 16 neighborhood associations don't cart3~ thc weight that a : 16 becoming stronger and stronger And, hke I said I 17 lot of prominent people do and so I'm heanng that kind of 17 commend you and I admire you for tt And I kno,~ that 18 problem right here 18 southeast Denton ~s on ~ts way to a very prosperous fi:[ute 19 My positaon as a Planmng and Zoning 19 and I think that you should be connncnded for that 20 Commissioner, I have to follow the rules, so to speak 20 MS PHILLIPS okay I think we ha'~c others 21 And one of the things that I'm aware of is that a 21 that disagree They might have submitled cards 22 developer does not have to have a so-called community 22 Ma MCi, miLL MS Phflhps. let me ask are 23 meatmg It's up to thetr dtscretton And. of course, 23 them other quest[oas from the rest of the Conmuss~off' 24 that's the pohucs of the game I have many tunes sat 24 have a quest:on for you then If I summarize what I m 25 here and heard that developers have contacted certain 25 hearing here, your basic concern is the process by '.~ hch PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 33 - Page 36 CondenseItTM Page 37 Page 39 I this was presented as much as anything 1 they asked for But it seems hke when tt comes to 2 MS PHILLIPS [ m concerned about tt being 2 southeast Denton, we have trouble getting people to treat 3 rezoned from single family to Planned Development I am 3 us fmrly And u don't make sense Now, I don't throw 4 concerned about the process, yes I am also concerned 4 no cold water on nobody up here but we need some v.,hg~oos 5 about the - and I know that you're bound by law, I know 5 people on some of these boards then we can get somewh~.re 6 that you're bound by rules, but you will see us back here 6 because ff you're Christ hke you re going to do the 7 as we go, along You can count on that And I'm concerned 7 right thing You're not going to come up and put one 8 about communication more than anything else And should 8 sxde, time or four people against 500 or 600 people 9 this go to City Council, we'll be there We'll be 9 You're not going to do that You re going to sit down and 10 wherever we need to be to make sure that ~t is known to 10 rationalize what should take place And what should take 11 md~wduals 11 place today ~s to hold flus tlung until the Housing 12 MR MCNEILL well, It will have to go to the 12 Authority comes back to the conununay and visits wuh th~ 13 Council However all we can do is make a reeonm~endat~en 13 conuuumty And that s not asking too much But flu ~s 14 So u wall go to the Council either with a yes or no 14 then we're akeady m trouble if that's asking too much 15 reconunendatmn, but It will go to the Courted 15 That there's no need of even conung before you becaus~ 16 MS PHILLIPS Yes, sir, I understand that 16 you've already made ~ our decs~on 17 And I appreciate that and I appreemte your Ume 17 So I'm asking as one who lives in the 18 MR MCNEILL Thank you very much Are there 18 conunumty, not somebody ~ho writes a letter and h,~t.s m 19 others who would hke to speak tn opposition to thts? 19 another part of the c~Va but somebody who lives m the 20 Please state your name 20 conurmmty and talked to people xn the commumty Aud 1 21 MR BiL~SFIELD My name is Billy Brasfield I 21 know their concerns so I m asking y'all to just hold flus 22 live on Ruddell Street I am here to make one point 22 thing until it comes back to the community and get 23 concerning our community and that is we are ~red of being 23 discuss again then bnng it back before you and have a 24 left out of the dec,stoa-making processes We realize 24 deeis~on made Like I said m the beginning, I'm not 25 that there are bend-picked penplu to these different 25 against it I'm against the process in which the Page 38 Page 40 1 boards to say they represent our coam~umty and they do not 1 coimuumty was left out Thank 2,au 2 represent us, beoause before you can represent someone, 2 MR MCNEILL Thank you very nmch 3 you must get thmr concerns And until you do that, you 3 Mn BnAsPIEt. D ^n) questions before I go? 4 cannot properly represent anyone, even if you're sitting 4 MR MCNEILL ConmusSlener Risbel 5 on a Comnussloner board You cannot properly represent 5 MR RISHEL I m just land of thmkmg out 6 your position without gn:ttmg ooncern from those who are 6 loud with you and ! want maybe our City auorney to help 7 here To make a real statement tonight would be to hold 7 us, if we had gone by ~hat ~se would consider our normal 8 th~s thing until they come back to the community, not a 8 notification procedures where we notify 200 foot and then 9 hand picked few, but those who are m the commumty 9 we notify 500 foot I doo't know ff we would be touching 10 I was given two letters by someone, said that 10 the people that are most concerned about this issue and I 1 someone up here sent them back there for us to read But 11 that would be our standard procedure as we would notify 12 where ave those people now? Why are they not sitting in 12 people tn a specific area 13 ths meeting to show how they feel? You have to 13 And I don't know v, hat tools we have, and maybe 14 understand that there are people on the City Council, the 14 Mr Re~clthart can help me x~th flus too, what tools we 15 hand picked people out of our community to say they stand 15 have available to us to noel) as many people that m~gbt 16 for us and they cannot stand for anyone without sitting 16 be concerned about the specific p~ece of property that we 17 down, talking with those people first I'm not against 17 have hem and what our procedures m~ght be to get as many 18 the office building itself I'm against the process in 18 people involved as possible if we had been the ones tha~ 19 which it took place F~rst of all, come talk to the 19 orgamzed th~s as opposed to Mr Franko and his group 20 community to see what the5 think should teku place versus 20 which I can tell you, I went to at least two meetings that 21 four or five people But you have m your possession, you 21 there was presentations made by them And I very much 22 have names from all around that area that they have 22 appreciated being informed -.~ hat was happening I don t 23 concerns, and that should be taken under consldemUon 23 hvu as close as you do I'm sure But I don't know what 24 if we look back at some of your meettage, when :24 our mechanism ts going to be ff we were to hold a pubhc 25 North Deaton came bffore you, it was g~ven to them what 25 beanng and be able to contact as many people as poss~ble PLANNING ,AND ZONING MEBTING SEPTEMBER 27, 2000 Page 37 - Page 40 CondensoltTM Page 41 Page 43 1 Mr Raiehhart, maybe you can help mo I with the apphcant and arranging roostings and talking wath 2 MR MCNEILL Tl~re wero notices sent out 2 your neighbors and orgamz~ng such meetings There's 3 You have eec tn your backup materml 3 nothing to prohth~t that is what I'm saying 4 MR R[SHEL Yeah, I understand and I'm just 4 ,'.iR BKASFIELD Btlt yOU heard Ms Phflhps say 5 thtnkmg about the number of residences that actually hvo 5 that that mvltatmn was extended from our associaaon to 6 m that area and whether they're owned by tho people that 6 ha',e the Housing Authority come and present to us what 7 bye there or they're rerital property and how many people 7 shanld take place Sunply because I say this, there are a 8 would hgve actually gotten notices that would have been to 8 lot of programs that was urchestrated dunng the Hunsmg 9 the person who lives m that house And I don't know 9 Authority that they had a lot of African Am~mcans thdn t l0 MR REICHHART The staff doesn't have the 10 knoxx anything about You understand what I'm saying9 11 abthty to look at any neighborhood differently We look 11 Come to tile conmmmty Sit down with the 12 at every oeighborhood the same and we do tho 200 foot and 12 community so that if there's questions, we can answer 13 the 500 foot notifications There might ba times when you 13 those questions then and not come here to try to got 14 said, boy, lfIjustweot250, IknowI¢ouldgetthese 14 reformation Itsdfffcrent, slr Ifyoowasmtendmg 1 $ people or, this neighborhood or I know these people would 15 ! think to do what's fmr, you would include thn 16 beconceeoed But we can't do that We treat every case 16 commun~ty where you were trymg to establlsh whatevcr you 17 the same And we hope the word of mouth and that type of 17 were trying to put up You would include them 18 neighborhood community mvolvemeot gets people out, too 18 Now I say this, they're not going to 19 MR RISHEL That's what I was I JUSt 19 Sour]resent and do nothing that those people out there don t 20 wanted to kind of make you aware of the fact of what our 20 want because I've seen it too many times, ~t's always 21 typical procedure of oot~flcation would ha and how we are 21 southeast Denton who always gets pushed rote a corner 22 sometimes frustrated by the system and the process, also 22 simply because you have a few people to say they speak for 23 in trying to get notice out to people that nught be 23 us that we never talk to We never heard anytlung from 24 concerned about a specific issue I don't know if that 24 them until we read in the paper these things took place 25 helps you or not 25 Nox~ the reason I am here is because that courthouse d~d Page 42 Page 44 I MR BRASFIELD BUt what you have to I the same thing to us, and right behind tt a jarl come up 2 understand ts that there are people who have heed a 2 So that's why I m saying come back to the community and 3 hfctimc in that commumty and you're telling mo that they 3 talk to the commumty first Sit down and talk to us 4 don't really havca right to say what needs to bo m our 4 about this situation the plans all your programs, how 5 commumt~ and what don't need to be there just becausc 5 the5 will affect our commumty Then, bnng ~t back 6 you're not within 200 feat of the properly 6 before the Board You'll have probably more support of 7 MR, MCB~ILL YOU have to deal with tho law 7 the ~ng than you have now But right now, we cannot say 8 and that's, what the law says is 200 feat, and I think 8 that because we have been left out too many tunes already 9 that's what Conmussioner Rtshel is alluding to here ts 9 so x~e need to know where we stand before we get started 10 that 10 NgP, MCNE[LL Thank you very much i I MR BRASFIBLD well, who made that law? 11 sm BRASFIELD Thank you 12 MR MCNEILL T~XaS, the State of Texas 12 ?.IR. MCI'.EILL Are there Others who would like ] 3 MR, BRASFII~LD The State of Texas So I can 13 to speak9 Others in thc authcncc who would hke to speak 14 go to Austin and get mformatlon concermng that? 14 for excuse me against We're in the against Others'~ 15 MR MCN£IL~ SUre 15 IS th¢~ anyone who would hka to speak in favor of the 16 MR, BKASFIELD okay 16 meson9 Anyone like to speak in favor of the motion9 Is I7 MR SNYDER AIl that thc law provides ~s tho 17 there anyone wha would hkc to speak m favor of the 18 200 foot notice In addition under our ordinance, we 18 motmn9 Heanng none, I'll close the -- oh, I'm sorry I 19 provide a 500 foot courtesy ootioe That does not mean 19 was some cards I need to read Excuse me My right hand 20 that n~ghborhood associations can't got revolved and 20 man here is keeping me honest I have several curds 21 organize by word of mouth and by commumcat~oos with one 21 tonight that don't want to speak but I will read their 22 another orgamzo and got with apphaants and have 22 name and state their position Billy Brasfield is in 23 s~arat~ raeetmgs to dtscuss zoning cases Thc 23 oppo~mon to flus D J Shepherd is m oppositaon 24 notification required by law is a minimum and there is 24 Maxmc Thomas Is In opposition Jean Waslungton is in 25 nothing that would prohibit your organization from getting 25 opposition Rodnck Jones is in opposit~on PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 41 - Page 44 CondenseltTM Page 45 Page 47 I And thcn we havc two letters, I bchcve, that I staff has been on top of each other Wc don't have much 2 am m support Ruby Cole representing the ~cH group ts 2 office space, but we've been working and doing what we're 3 In favor And Betty Kimble representing the seniors 3 doing m the building that we have 4 Senior Gmzeas Courdmator for the Denton County Denton 4 The mmal plans that were presented to 5 Housing Authority is In favor of this Commissioner 5 everyone included the same programs that v,~ already have 6 Rlshel 6 And in bringing m those programs to our office buflthng 7 MR RISHEL Can someone from staff tell me 7 they are the same programs that we currently have now to 8 how many of those opposition we have would have been 8 serve the neighborhood and our residents that are Phoenix 9 within the 200 foot or even 500 foot notification 9 now It's the Iwu cares it's the dental plan, ~t's the 10 situation? 10 N~.ACe and LULAC 'those offices are currently in our l I Ma HUDSON Ires, elVed no calls nor lot~rs 11 facilities right now And in planning our office buflthng 12 in opposition to this poor to the meeting 12 we felt like we should include theo~ When we pick~xl up 13 MR REICHHART could you check these 13 and moved we figured we should pick up and bring them 14 addresses to see ff they fail w~thm the 200 foot? 14 w~th us And the only new - and the additional we were 15 MS HUDSON Of COurSe 15 planning was the small bus~ness incubator and also 16 MR REICHHART Thank you 16 bringing m both of the chambers, the H~spamc and the 17 MR MCNEILL The backup material shows that 17 Black Chamber to help with the small business incubator 18 200 legal notices excuse me, that ten notices were sent 18 So I think that mformaDon has already been there and 19 within the 200 foot mdms and 47 we, re sent within the 500 19 always been presented to everyone and we certainly w~ren t 20 foot radius and none poor to this meeting received in 20 trying to tell one group any more diffcweat than we told 21 opposition, one in favor, and none neutral I'll read 21 any other group And Ms Phillips menOoned about us 22 that for the record According to our procedures the 22 possibly braiding our off~ce braiding over on the other 23 applicant now has time for a rebuttal to any of these 23 end near where the County courthouse Is but what we found 24 conuneats that have been made 24 out was that the County is expanding the jail And had we 25 MS MCUADn o00d evening My name Is Shen'y 25 bruit our office building on the other end of Ruddell Page 46 Page 48 McDade ! am the Deputy Director for the Denton Housing 1 Street we would be facing and right there by the County 2 Authority I have been with the Housing Authority for 11 2 Jail And, I'm sorry but the County Jail just doesnt 3 years And for the 11 years our offices have been located 3 look as good as we're planning on doing our office 4 reside apartments of the Phoenix Apa~neots And I think 4 braiding and we didn't want to face the County Jad I 5 Ms Phllhps did say that we have tried to meet with as 5 think that Mr Franko and the rest of us have been very 6 many people as we possibly could The mltml meeting 6 welcoming of anyone coming to us asking us any 7 that we contacted Ms Phllhps on was a meeting where we 7 questions We've answered Ietters phone calls, meetings 8 asked her, as a leader of tho Southeast Neighborhood 8 with anyone and we'd certainly be more than wflhng to 9 Association We invited Ruby Cole as the Chmr of the 9 sit down again and do those same things 10 NICE group We invited Ms Clark as th~ President of the 10 But tonight - what's before us tonight ~s 11 N.nACP And we -- so that's how we lmtmily assembled the 11 rezomng for the office building for the Housing Atuhor~ty 12 group We didn't try to exclude anyone We mod to 12 and these other socml servme urgamzaDons And I would 13 include everyone Intually the meeting was okay and we 13 ask that the Commission please focus on wl~lc we are even 14 were planning to meat and she could not meet And we 14 here tonight - there are some other issues that will 15 understood that So we said, that's fiuc Wc could meet 15 probably will be coming before you, but I will ask that 16 with you and let you know what we're planmng after that 16 you focus on what we're here for tomght 17 We thd have a meeting open to the public and we toed to 17 MR MCNEILL commissioners, any quesnons~ I 18 explain what our plans were which also included some town 18 have one question What will be the rental $1tuatmn for 19 homes to be built m th~ n~ghborhood and the ¢ommumty 19 these orgamzat~ons and offices that will bo m your new 20 We met w~th the mca group mdlwdually We 20 budding? Will you charge rent? 21 met w~th the Southeast Denton Ne~ghburhood Association 21 MS MCDADE The only two -- of all of the 22 individually We met with as many people as we thought 22 agencies that will be located m th~ there's only two 23 m~ght be affected by what we were planning on dome I 23 that will possthly bo paying us any rent And that's the 24 will have to toll you that I'm very excited about the: 24 H~spamc Chamber and tho Black Chamb~ Those are thc 25 off~cebmkhngthatweareproposmg We'vebean- the 25 only two offices that will poss:bly be paymg us rent PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 45 - Page 48 CondonseItTM Page 49 Page 51 I The othdr offices will be ~ as a service to om' i proving and rebmldmg in that neighborhood and rebuddmg 2 clients that we sarve at the Phoenix Apartments and also 2 standards and decent housing for the famdies that we 3 to the community that we are located in 3 serve at the Phoenix Apartments And I would ask you to 4 MR MCNEILL okay Thank you 4 give us a chance and g~vc us an opportunity, because 5 Commissioner Williams has a question 5 that's what we're planning on doing 6 MR WILLIAMS sherry, I'm going to nank~ a 6 MR W[LLtAMS[ don't have anymore questions 7 sarcestl¢ statement thee I'm going to ask you a question 7 MR MCNEILL okay Thank you 8 The sarcastic statement is I thank you for telhng me as 8 Conmussioners, other questions? Conmussioner Mereno 9 first vice president of Denton County NAACp W~ have an 9 MR MORENO MS McDade, let me try to 10 office at Denton Housing I'm just now finthng out now 10 understand You are willing to go back and meet with the 11 MS MCDADE I'm surprised 11 coimnunlty ~s that correct? 12 MR WILLIAMS secondly is - and by ff~ wa~ 12 MS MCDADE YCS, we ar~ 13 Sherry Is my cousin, so she's going to talk me crazy 13 MR MORENO BUt I think I also heard you say 14 anyway Sherry, my concern as a citizen and as a taxpayer 14 that you're seeking a vote tonight on this issue? 15 is that my trust level IS not very hlgh as far as Denton 15 MS MCDADE Yes I am 16 Housing Authority and maintenance of property m Southeast 16 MR MORENO why? Why rush'? Why not go back 17 Denton And as a citizen -- and my vote is going to be 17 and meet with tho conunumty and then come back hopefully 18 based upon that because we can say Denton Housing 18 having gained some kind of a compronuse or better 19 Authority is a private corporation but if they went 19 understanthng of what's going to go in to southeast Denton 20 bankrupt today the City of Denton would have to pull them 20 by those residents? 21 out tho same way they pulled out tho Drenmland Andalso 2I MS MCDADE oecause we have me with everybody 22 I don't know any pnvat~ corporations that have appointees 22 we can think and told them what our plans are and what our 23 appointed by the mayor 23 plans were We're not trying to sneak anything in on the 24 But, anyway, can you clear up some things for 24 neighborhood or the community The plans have never 25 me as far as maintenance is concerned becauze ~t seems 25 changed I think we may have had to add a driveway in Page 50 Page 52 I like maintenance ~s done at the senior housing 1 hero and move a parking space over there, but the plans 2 Maintenance ~s done at the housing downtown, but ss hen m 2 have never changed And as I sat here and hstened to thc 3 comes to Phoenix, things are allowed to just deteriorate 3 oppos~tion, they had no problem with thc office budding 4 and that's a necd for an office Could you clear some of 4 There was no problem that you're going to have more no,se 5 these things up because it's a trust level that s not 5 you're going to have bigger lights, bnghtar hghts 6 right for people who drive through the community 6 Them was no concern at all with the office building I 7 constantly 7 think tho concern and what I keep hearing Is that one 8 MS MCDADE t thank you very much and I 8 neighborhood group feels that we spoke to another 9 certainly tmdarstand your noncom about the trust as far 9 neighborhood group more than we spoke to thom and that's 10 as the Hottslng Authority IS concerned And I 'oM1 10 what I mean that, yes, we would be willing to sit down and 11 clarify, too, that if the Housing Authority 'cent belly up 11 explain to you this is ail we're planning on doing is 12 that tho City of Denton would probably not step m and 12 budding an office braiding for the admimstmtive offices 13 give us money to pull us out It would probably be the 13 of the Housing Authority and to house those social service 14 Department of Housing and Urban Development That s who 14 organizations that are currently already in our property 15 we adrmnlster our programs for So I don't flunk that the 15 I don't hear anybody having a problem with thc office 16 city would be able to do that It would be nice, but I 16 budding so that's why I would lfl~e to have a vote 17 don't think they'd do that I, too, am concerned about 17 tonight 18 tho upkenp of Phoenix Apartments Andacoupl~of)~ars 18 MR MOS, ENO Thankyou 19 ago, we were able to bring in a new Executive Du'~tor to 19 MR MCNEILL Thank you very much 20 help us do that We had - we currently hase a threctur 20 MS MCOAOE 'thank you 21 who has those concerns about that neighborhood and that 21 MR MCNEILL commission~s, at flus point I 22 commum'cy And I'll be the fa'st to adnut Phaemx lsn t 22 need to -- I do need to close the public hennng And 23 pretty It's not pretW at all No, it doesn't look as 23 Commissioner Williams, did you tarn your hght oftV 24 well as our ethos' propottaea that th~ Housing Authonty 24 MR WILLIAMS Ye, ah, I taxned It off because 25 owns and ,manages, but that's why we're moving forward and 25 you wort: speaking PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 49 - Page 52 CondenseItTM Page 53 Page 55 I MR MCNEILL eke'. All right I've closed I call, not even a general reformation question regarding 2 the public hearing and I'm now asking if the Commission 2 this prior to the meeting 3 has questions or conunents Staff may have a conunent they 3 MR MCNEILL Thank you very much 4 want to make 4 Conm~_lSSlOnOrs, other questions? Dlscussloa or a lllOtlOn9 5 MS HUDSON I he~,e looked at the cards that 5 Commissioner Wllhams 6 Mr Reichhart has given me and one of thc five was m the 6 Ma WILLIAMS YeS In reading my backup :t 7 500 foot notification line Also included in your backup, 7 stated that and do I agree that this is compatible w~th 8 I believe it's Enehisuro 3, hsts thc areas, the number of 8 the schooI, w~th Martin Luther Krug Center But there ~s 9 not,cos that went out and it was almost 50 residents of 9 a grave difference between tho school and the Martin 10 the neighborhood l0 Luther King Center because those are commumty gem,rated 11 MR MCNE[LL okax So~fIunderslandwhat 11 lnstltUtaons In other words the conunumty had mo. tmgs 12 you're saying, none were in the 200 foot limit and one was 12 sa~d we want a place for our kids to stay and then tlx.y 13 In the 500 lmut of those cards that I read a moment ago? 13 petitioned the City Councd to place those there Also 14 MS HUDSON of t~ cards that wore turned 14 there was concern about all tile students of southeast 15 rote me, that IS correct, yes 15 Denton being bused all across Denton they smd we want a 16 MR MCNEILL Allnght Tbankyou 16 schoolhere, so all of those enataes were generated from 17 MR WILLIAMS 1 ha,,e one questions 17 the cotmuumty rather than the City saying tins Is a good 18 MR MCNE[LL Yes s~r, Commissioner Wllhams 18 idea 19 MR WILLIAMS This IS to staff I've noticed 19 Also I notaced democracy m action at the 20 when other developments come in there's a sign about a 20 small group meeting they held last month whereas the 21 public heanng I didn't - d~dn't say it wasn't thoro 21 leadership thought that an antaque bridge would be best 22 but I looked last mght, I d~d not see a s~gn there D~d 22 for southeast Denton However, the citizens said we want 23 I miss something or was a s~gn placed there? 23 a new bridge And I've worked with the c~tazens of 24 MS HUDSON I did a~k Building Inspections to 24 southeast Denton I've had some outstanding Ideas but 25 pUt the sign there when I made my drive of the 25 people thdn't hke them And for some reason and Page 54 Page 56 1 ne~ghborhaod last week, when I made my staff report, it I everything that has not been generated from communales as 2 was there I had It placed, on the comer 2 far as pubhc agencies people have not used theo~ or 3 MR WILLiAMS ekes I didn't see it 3 either they've been fadures And we will have to say 4 Ms HUDSON Kind of at a diagonal so that 4 that the dreamland, the Pheemx is a fadure It's a 5 both sides of traffic would he able to see it as much as 5 failure but it's going to be improved, hopefully 6 possible 6 And also, I think that If when I went to 7 MR WILLIAMS eke', Thank you 7 the small group mzetmg of tile small planmng a~a 8 Mil MCNEILL DOes the apphcant w~sh to 8 meetang that's what I m talking about, the key thing that 9 address the Issue of s~gns? Come to the mike, please 9 the people sa~d that they were was a barrier was the [0 MS MCDADE I'm sorry The s~gn was placed 10 hedge podge development m southeast Denton And that 11 there and I saw the s2gn there except when I came back to 11 small area planmng Is very, very enthuslastac at this 12 work I believe Monday or Tuesday, tho storm and winds that 12 pmnt m tame and I think without a commumty mectmg ~f 13 happened, I not,ced that ~t ass down And I'm sony, 13 we approve that, we're going to throw water on that small 14 maybe I should have called Beth and let her know that tho 14 group and we're gmng to sabotage And I have a feahng 15 sign fell down But the sign d2d fall down I d~d see 15 once the people find out exactly what it ~s, I have a 16 that 16 fzehng that, knowing the people of southeast Denton that 17 MR REICHHART we ~1 get it back up 17 they may negotmto some things 18 MR WILLIAMS oka3 In other words, I JUSt 18 I have some concerns because the only 19 sald I didn't see it Just because I dMn't see :t 19 two story budding in southeast Denton, which it's really 20 d~sn't mean it's not therce :20 not in southeast Denton because southeast Denton ~s not 21 Ma MCNEILL staff do you have addltaonal 21 really class~fied as being on McKmney, ~t's on McKmney 22 commen~? 22 ~s Momson Mdls and ~t has the silos And I think that 23 MS HUDSON Not at this tune except to 23 as far as compat2hihty, the design ts not compatible with 24 re~terato that at the -- during the tm~¢ that e~ther the 24 the conunumty because the school is not two story thc 25 sign was up, tho notaces were out, I thd not rec~ve a 25 Martin Luther Krug Is not two story And there may be PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 53 - Page 56 Con .enseltTM Page 57 Page 59 I some things ',sc n~:l to do but I think the commumty -- and I On Ruddcll? Okay They am ex~stmg homes All right 2 a commumty-wide meeting is what th~ community perceives 2 Thank you That's what I needed to know because my 3 as a commumty meeting, not meeting with -- because it's 3 concern Is If we am having an expanding area of so called 4 kind of hard to gauge your o~gamzatton if you don't sit 4 not appropriate use facd~ties, which is what some people 5 down and has e a vets and then come back and say, well, I 5 feel the jail is and I understand that completely I m 6 am representing You can be president of an organization 6 just wondering if this off, ce would be an appropriate 7 but It deaan't necessarily mean that you are representing 7 buffer for the homes to the west of it And being that 8 this urgatazation's wishes until there Is a vote and then 8 the Phoenix Apartments have 11 units being used by these 9 formally that orgamzation says I do endorse And I don't 9 groups, that would open up 11 units for housing to people 10 think we have any we have some endorsements from 10 who are m need of housing So I kind of sec a two fold I 1 mthviduals but I don't see any on any letterheads from 11 thing happening here and I was just kind of wannng to 12 those organizations 12 know tf you m~ght be able to clarify land use for me But 13 MR ;',tC'NE[LL Thankyou Conumssioner 13 lf you don't have a l don't want to delay the momenl 14 Gourd~e 14 MS HUDSON AS far as curt'tnt developed land 15 MS OOURDiE Thank you Ms Hudson, could 15 use no I don't have ~t at th~s time What wdl happen 16 you do y0u have th~ copy of this zomng map with the 16 for the residents to the west of the s~te is that there 17 smroundm8 areas7 17 wdl be new landscaping put up at this slt~ The she 18 vis HUDSOn Yes, ma'am 18 wdl also be more extensively landscaped than it ~s now 19 MS GOURDIE will you tell me which ones are 19 with the native vegetation which was not watered this 20 developed out and which are just zoned lots at this 20 stmuner So it is less likely to come back next year 21 momeat~ Can you tell me that? Because I know when I 21 There is also a grassy area that is proposed to be 22 dr~v¢ by there I know that there's a ~t is a 22 separatang the office s~te here with the apartments to the 23 hedge pc~e of two story buildings, metal buildings, some 23 north So regardless of which office who is using the 24 brick braidings We have a gas station now I'm just 24 off'icc, the people living m the apartments to the north 25 trying to figure ou~ if what Ms McDado said about thc 25 would be buffered from the use Page 58 Page 60 I jail -- or Ms Phillips said about the jail expanding over I MS OOURDIE And so would the homes to the 2 and the) dtdn t want to be in front of it my question 2 west? 3 is, is there going to b~ any homes that want to be m 3 MS HUDSON That s correct 4 frontofa [s them anybody that's gomg to wuet to be 4 MS OOURDIE And the hghting and everythmg 5 m front of an expanding jail and is this property 5 will be maintained as we do with won't shine on 6 eventually going to bo offices and two story bmldings? 6 MS HUDSON Yes Those recommendations that 7 Is this going to be pretly much a commercial corner? 7 recommendatlen is in your backup 8 ',is HUDSON AS far as your comment regarding 8 MS OOURDIE Ail right Thank you 9 what is developed and what is not developed at this time, 9 MR MCNEILL Thank you very much 10 I do not have that lnformaUon with me th~s evening 10 MS HUDSON Are there any other questions? 11 vis GOURD[E All right 1 ! MR MCNEILL Other questions for staff'? 12 MS HUDSON That is something that I would 12 Thank you very much I think it's been said a couple of 13 have to bring back 13 times but wc need ~o be aware hem that what we're talking 14 ',~s OOURDIE okay I'm sorry I just 14 about, I mean, what's before us is a request by the 15 thought of it and I wasn't thml~ang when I drive by 15 applicant from die Housing Authority to rezone these three 16 vis H~DSO~t Thc courthouse is lxa-e and it ~s 16 lots from si: 7 to a PD SO that's the question before us 17 my understanthng that it is expanding in this area back 17 tomght that we need to either vote up or vote down 18 here Since the County services do not have to follow our 18 MR WELL[AMS Are yOU telling me that a 19 zoning regulatrens they can put their facthtaes in 19 morion for postponing - 20 whatever Zoning classlficauon the~ desire 20 MR MCNEILL NO, no ~11 fact - yeah, let me 21 vis GOURDIE okay And then maybe someone 21 clarify that I'm sorry to interrupt you but I d~dn't 22 could just nod yes or no, is the properW right to the 22 mean you had to vote one way or the other I'm just 23 west, is that developed out or is it - does anyone know 23 saying that's thc queatmn that's really before us We 24 in thc authencc? Those two spots Arc those horaes or arc 24 can certa:nly vote to postpoue it Wc can vote to 25 they just empty lots? They're JUSt vacant lots Okay 25 continue it or whatever you so desire PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 57 - Page 60 CondonsoItTM Page 61 Page 63 I MR WILLIAMS I ne~d to ask S~ff a questaon I postpone untal the second week In November which would be ;2 MR MCNEILL O0 right ahead 2 the first meeting of P&Z in November Do I hear a second ) 3 MR WILLIAMS when 15 the next small area 3 Mot~on dies for lack of a second Are there other 4 meeting for southeast Denton do you know? 4 motions'~ 5 MS HUDSON t will refer that question to 5 MR RISHEL t d like to make a motion l 6 Dedra Ragland 6 move to recmmnend approval of zl, aa o12 with the following 7 Ms llAOLANO OOod evening Dedra Ragland, 7 conthtmns that the nmnber of parking spaces be removed 8 small area planning manager We have tentat:vely 8 from the zoning plan and be included on the future project 9 scheduled th~ next small area planning meatmg for 9 plan and hghtmg on the property shall be designed and 10 October, the second weak in Octobee We're still working 10 maintained so as not to shine on or otherwise disturb 11 on a date 11 surrounding properties res~dentml properties, or to 12 MR WILLIAMS okay Now I need to ask Mr 12 shine and project upward to prevent the thffusmn mia thc 13 Franko a question Mr Franko, would you be prepared to 13 night sky 14 make a presentation at the small area planning meeting? 14 MR MCNEILL [S there a second? I'll second 15 MR FRANKO I would be prepared to meet with 15 it just to get a vote on something here So a motion has 16 anyone but, however, that would be subsequent to fha 16 been made and seconded Any discussion? Conumss*oncr 17 action of this Board tonight I think we've exhausted all 17 Mo~no 18 the mformataon wa have We've mado every attempt to 18 MR MORENO [ want to try m offer someth~ng 19 reach everyone I don't know that we would ha saying 19 in the way of an amendment Would an amendment bt, 20 anything different than wa have said over and over again 20 acceptable that would say something to the effect that tht, 21 So therein, I would respectfully request that you vote up 21 Housing Authority would go back to the neighborhood and 22 or down And I'm stall going to continue to meet with the 22 have a neighborhood meeting at which City staff would bc 23 community We have - this is but one phase of a very 23 present prior to th~s case being brought before the City 24 comprehensive planning that we have for southeast D~lton 24 Council'~ 25 and it will mvolve a lot of other people and we certemly 25 MR RISHEL [ wouldn't have any problem at Page 62 Page 64 I want their input m some of the design of town homes and 1 all accepting that amendment from you, Mr Moreno I m 2 elderly housing that we're proposing for that area 2 not qmte sure how we get not~ce out to thc people and 3 MR MCNEILL Commissioner Wllhams 3 what people need to be included in that Can you 4 MS HUDSON commtssionerWllhanls, I'dhke 4 elaharate on what your suggestaon might be? Imean ffwe 5 to pomt out that your meeting Is scheduled for the second 5 do it by our standard legal process, I don't know if 6 week and so It is possible that tf the neighborhood 6 that's adequate to meet and address the people that I've 7 meeting for small area planning falls on the Thursday 7 inet here today that are concerned about the issues 8 night, that it does have the potential of oceumng after 8 several of them which have had a chance to meet w~th Mr 9 your regularly scheduled meeting for that week 9 Franko at munerous different times and either have chosen I0 MR WILLIAMS okay So It would be the first 10 to take advantage of that or have not chosen to take 11 meeting tn November 11 advantage of that If you could help me just a httle 12 MS HUD'~ON NO It could go -- 12 bu 13 MR WILLIAMS The second week m November 13 MR MORENO well, my only suggestmn would be 14 MS HUDSON Yes, sir The second one 14 to meet w~th the neighborhood association and any other 15 MR WILLIAMS Okay Thank you I'm ready to 15 group that wishes to meet with Mr Franko and the Housing 16 vote I mean, I'm ready to make a motion 16 Authority 17 MR MCNEILL GO right ahead 17 Mil mSHEL IS the neighhorhaod association 18 MR WILLIAMS I move that the -- let me get 18 different than the small planmng group that Mi' Wdhams 19 the number here Okay I move that Z-00-017 (sic) be 19 was suggesting? 20 postponed until the fa'st P&Z meeting -- 20 Mil MOII'~SO Yes 21 MR MCNEILL It's 12, isn't it? 21 MR WILLIAMS Yes, tt is bocaus~ the small 22 MR WILLIAMS 12, I'm sorry, 12 I went to 22 planning group consists of people rather than members of 23 the wrong page I'm sorry, 12 -- be postponed until the 23 any particular group and that was the reason that I made 24 first P&Z meeting m November 24 that because it's a very haterogen~ous group of people 25 MR MCNEILL A motion has been made to 25 MR RISHEL [ got tl~ impression of hsteemg PLANNING AND ZONING MI~ETING SEPTEMBER 27, 2000 Page 61 - Page 64 CondcnseltTM Page 65 Page 67 I to Mr Franko and Ms McDade that thc3, ~ wllhng to 1 now You havo to mmntaln your developments 2 meet with anybody and stl~l contmoo to discuss this plan, 2 UnfortUnately, what wa'ye done in die past is we've Icl 3 as well as their futoro plans I don't think they will 3 things go by the wayside besause wa didn't want to have to 4 circumvent the process or the opportunity to meet with 4 deal with it, and that bothers me But I'm glad to know $ these other groups and I'm sum they would w~lcomn that 5 that the Phoenix Apartments ~s on the agenda to be 6 But tf it would help put this forth, I would be happy to 6 revamped and to b¢ brought up to standards and codes and 7 accept that as a frmndly motion 7 visually where people are proud to hve where they hve 8 MR MCNEILL 111 second that Okay 8 And I think that's really important because if you re not 9 MR WILLIAMS tguessIhaveaquestton for 9 proudofwhcreyouhve you don't tak¢ care of what 10 legal now since it's been seconded 10 you've got And I think we nead to start recognizing 11 MR MCNI~[LL Just a second Commissioner i I that And not just in this part of town but I've driven 12 Moreno ts soil up on tha cue 12 around lots of parts of town where we have th~s problem 13 MR MORENO That*S okay Thanks 13 I think I'm going to vote in favor of this but 14 MR MCNEILL okay Columissioner Oourdie is 14 I am begging y'all to please make the effort to meet with 15 next 15 th~s neighborhood associauon There's nothmg worse than 16 MS OOURDIE 111 go ahead and let Mr 16 having a development that's starting off on a bad foot 17 Williams ask his legal question 17 And these are good people and they deserve to bc heard and 18 MR MC'NEILL okay 18 I really hope you can make that happen 19 MR WILLIAMS [ gUeSS my concern is If'Nc 19 MR MCNEILL colmlllSSlOners do you want to 20 approve it, they don't have to do - my understanding is 20 have any input from thc epphcant? Anybody? Thank you 21 if we approve it, do they have to carry their posmon 21 Conunisslooer Holt 22 because once we approva it, we've made a recommandaUon to 22 MS HOLT I have a question ! want to make 23 the C~ty Council And I can't understand - in other 23 sum what I'm voting on Are we voting only on the 24 words, I can't understand making a motion that has no 24 rezomng from sF 7 to a Planned Develepment zoning? 25 teeth in it 25 MU MCNEILL That's what's before us Page 66 Page 68 I MR SNYD~R Mr Wdhams makes a good point I MS HOLT JUSt that and nothing else Now 2 You're malong a rccommendaaon for approval Really what 2 are we voting on the two story building? Arc we voting on 3 it would boil down to ts that you're recommen&ng that 3 just that one sentence? I want to make sun: 4 there be a meeting prior to City Council You can't 4 MR MCNE[LL OO ahead, legal 5 require that tt bo deco 5 MR SNYOEU Yeah I Just want to clarify 6 MRMCNEILL okay Dces everybody understand 6 It's a Planned Dev¢lopment for office use That'swhat 7 what's been said here? 7 you're voting on 8 MR WILLIAMS YeS 8 MS HOLT okay For office use but it could 9 MR MCNEILL okay Conumssiooer Oourdte 9 be a one-story office or it could be - it deesn't have to 10 MS oowaom ?hank you I would have voted 10 be what they presen~xl 11 for your mouon to postpone, but bemg that Mr Franko 11 MR SNYO~R I think the office district would 12 asked we either vo~ tt up or down, I chose not to follow 12 allow two stories 13 through on that My difficulty hen in tho pment mot:on 13 MR REICHHART On tho zoning plan, there's 14 Is Is that tho neighborhood association feals loft out 14 some building data and ~t says number of s~rles would be 15 And I know that previous concerns, we've always permitted 15 two that the actual height of thc bmldmg would be 36 16 -- not always but we have postponed tho mestmgs to let 16 foot, eight inches It has the area square footage, floor 17 the naq~hborhood meeting go forward 17 area requirements, tells soma elements of the building 18 But then I look at the opposite side of this 18 And then the proposed zoning would be office 19 and I see that tt could be and JtprohablyvMlbea 19 MR S~,'YOER soyou arevottng for thch¢~ght, 20 benefit because this d~vclopmcnt has to have certain 20 as well? 21 cntana met Not hke it was oven eight yeer~ ago, we 21 MR REICHHART Yes 22 didn't have tl~ cn~a whe~ you had to have 15 tr~s 22 MR MCNEILL I~cause it is a Planned 23 per acre and you had to do th~s, you had to do that So I 23 Development so that's why it's part of thc motion 24 know that the dnvelopment will be a quahty development 24 MS UOLT SO that is part of llm motion? 25 and~twlllhavotob~mamtamedbecausethat'sth~rules 25 MR MCNEILL Rlght So if you voto for this PLANNING AND ZONING MEETING SEPTEMBER 27, 2000 Page 65 - Page 6~ CondenseltTM Page 69 Page 71 I you'll ba voting for a two-story off, ce building on MR REICHHART well, we also consider the Ag 2 Ruddell and Wilson Slreet 2 zoning 3 MR REICHHART BUt not the specific style or 3 MR MCNEILL corm^cots or questions for staff~ 4 look of the building or the layout or landscaping or any 4 Com~mstoner Gourdte 5 of those that would have to follow 5 ~M$ GOURD1E I lUSt have a questto,~ 6 Ma MCNEILL Right That has to come back in 6 concem[~ City services and so forth ~t~ we straining 7 the preliminary plat 7 them wtth'~l this new annexation and~w development9 8 MR IU~-ICHItART ProJect plan/detailed plan 8 Are we gom~t,o be able to -- and I ~j~lfhze this ts not a 9 Ma MC~EmL okay Other questions or 9 huge piece of l~d and I understa~ that, but I'm getting 10 d~scussioo? Are you ready to vole? Vote, please Motion 10 concerned about'~lot of dfffere~ issues concerning City 11 passes 6-1 11 services, water V~know T.~ley ts going through a lot 12 (COMMISSIONER WILLIAMS VOTIgO iN OPPOSITION) 12 of ~ ch~_es,,~ash ?ck up, things hke that 13 Cam usslaners, dolhearacoi ~nsusfora 13 Is th~mpac~t greatly or mslgntficantly'~ 14 break? 14 MR GRAY W~,~n your backup you should 15 MR ~ LI.I^MS It sounds like a nnner to me 15 ha~os~ 6, ~u should have a service 16 Ma ~v 4hILL ^11 right Let's, ~.a 16 an~~r~artments I looked through 17 lan minute bri k and re. convene at ten to 100 17 the service artists 1 dtdn'ti~ any -- no problems 18 (aaE~ :TnlCEI'~) 18 we~~s s~t~Of course, like you 19 Ma. ~ q~ILL commissioners, a : you ready? 19 said~y 378 acres of l~d the City ts -- there 20 I'll race^vane ae Planning and Zoning ( rnmisslon for the 20 are ~ons that are und~conslderatton But 21 mght of Sep~ tber 27th, 2000 Are there my commeats or 21 fo~tS annexation, .~ really don't see 22 questions? O : thing I need to, in casa fl re's anybody 22 ~vtdmg ~rwces to th'l~,stte, especially 24' A~nda I .~. ,' ~uesting that we ~l~ ~dfro ')4 /~es runmng bythe property and so on 25 requesting ma gvepullthe Lakeview Boul m 25 MS GOURDIE And I know that we orily have the Page 70 Page 72 t consideration tonight It will be brought up at e later I one fire department on that side of town Is that going to be s~'amed after awhile since I hear them going out :2 meating~o Item8 will only concern the Stale School 23 ~riost every 45 minutes it seems like I'm just kn~ 43connecto:toM%aE~Ma oaE~o so? 4 w~ermg they say estimaled.n~sponse time, festive 5n~ MNILt. S^ IS being pulled 8B is 5 mle~q~, I wonder that if they re out doing o~ 6 left 8A la being ]~ed Other commeatsT~l~hay 6 servlce~,are we creating more of a problW 7 'I~e next It~on our ^~enda l/pu~hc 7 %ov,^¥ well, the-' like yo~ld, the 8 heanng on an annexatiq~ a volun~j~annexatton And I 8 service anal~ doesn't lndica~ tha~A representative 9 believe Mr °ray brings ~staffa~rpor~ on that 9 froml the fire d~rtmeat is here ~ m.ght be ab~ to 10 M~OR^¥ Thank~q~r Chanm~an Thisisa 10 answerthosequel~nsbetler. ~n. Icould Butthe_ 11 volantary annexation of a~malely 37 8 acres located 11 serwoe analysis dec, tole ~ this annexatmn would not 12 southeast of the ear^or.eagle._one and HickolT Creek 12 ~ffeat fire d~ffneat operations. 13 This Is property loca~ right here ~, is surrounded on 13 MS C. ouaDIE ~e you came tomght, we 14 all sides by prep~that's located w~n tho City of 14 ~n't want you te JUst 15 Denton Tho pr, t~osed Teasley Harbur'~velopm~nt will go 15 sit back ~ / ~ . lototh dW ,yler i. , ls,pre ed v lopment 17 slaledt0b~qocat~xltotl~north ~, 17 th~nt To answer ~ar question, the. 18 ~e owner of_this, property doe~ l!.av~an, to 18 ~a, b~n th~for- I've been hem 19 ~nd it was dist~ssed back then and 19 20 ~n ~~ it was at was 20 21 d~e and the future ~wth that was '21 22 ~mg m that area, ~ng with the 22 23 ff~ involved in the pubh~haanngs 23 24 ~t~P'b~lan addressln.g that w~to meet a 2524 to ansWerMRanYMclgE[LLquestionSconmusstoners 25 f'~ time, to meet what -- our l~.asler plan PLANNING AND ZONING MEETING S[tPTttMBRR 27, 2000 Pag~ Page ATTACHMENT 3 SEPTEMBER 25,2000 PLANNING AND ZONING COMMISSION 221 NORTH ELM STREET DENTON, TEXAS 76201 TO Whom It May Concern I am writing on behalf of myself and The Semor Cmzens who attend the Semor Group Located m The Amenc~m Legion Center, 629 l.~.ey Street After thsoussions w~th them Concerning the zomng change from (R-7) to Office, soon to be reques~d by The Denton Housing Authority We understand that the property Is located on the comer of Wilson And South Rudell We are also in support of the Semor housing proposal on the Comer Of Wilson, we feel that it will be easy assess for our semor ctt~zens to the American Leg~un Center, and an improvement to the Neighborhood Sincerely Betty I~m~le Semor Cmzens Co-Ordinator C/¢ Denton Housing Authority soo lakoy Strut Denton, Texas 76205 September 20, 2000 Planning & Zoning Comnnssion 221 No~h Elm Denton. Texas 76201 To Whom It May Concern Mr France ExecaUve D~roctor of the Denton Housing Auflmnty, and Ins Staff met in Jtme With the NICE GROUP, to thseuss the plans for the Housing Authority At that tune Mr Franco Told the group that the first phase would be the office bmlthng We have been reformed that Denton Housing Authority xs requesUng a Zoning change on the Prol~rty located on the corner of South Rudell and Wflsen Street, from (R-7) to Office We Feel that the request is companl01e with the eyastmg land use, and that it will be complementary To The Martin Luther Kang Center, and Tomas Ravera School It has always been the endeavor of Tbe Nice Group to enlumce and elevate the the appearance In and around the Southeast Dantqn Neighborhood We recegmze that a well groomed enwroment A great defense to the many ills that affected our commumty for so long We The N~ce Group are m full support of the zoning change from (R-7) to Office as requested By The Denton Houmng Authority Smcerely, RUBY CO[~E, Chatrpersen The Nice Group Cc/Mayor Eulme Brock Cc/Denton Housing Authority P O BOX 1743 Denton, Texas 76202 Ph (940) 38T-~/408 ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR 1 8 ACRES LOCATED W/THIN A SINGLE FAMILY (SF-7) ZONING DISTRICT, TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR OFFICE USES, THE SUBJECT PROPERTY BEING LOCATED AT THE NORTHWEST CORNER OF RUDDELL STREET AND WILSON STREET, 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 (ZP-00-012) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 whmh estabhshed certain nonresidential mtenm regulations (the "Nonresidential Interim Regulations"), WHEREAS, the Nonresxdentml Intenm Regulations estabhshed, among other thmgs, a Zomng Plan reqmrement m the event of a request to rezone property, and WHEREAS, on July 12, Hammxt and Nash Surveymg, on behalf of Denton Housing Authonty, apphed for a change xn zomng for 1 8 acres of land located, from S~ngle Family (SF- 7) zoning &strict classfficatxon and land use designation to Planned Development (PD) zomng dastnct classfficat~on and land use des~gnatxon w~th the xntent to develop an office bufichng for several non-profit agencies and has submitted for approval a Zomng Plan for thxs property under the Nonres~dentml Interim Regulations, a copy of which xs attached hereto as Exhtbxt "B" (the Zonmg Plan"), and WHEREAS, on September 27, 2000, the Planmng and Zoning Commission recommended approval of the requested change ~n zomng and the submitted Zomng Plan, and WHEREAS, the C~ty Council finds that the Zomng Plan, w~th the con&tlons ~mposed herexn, meets the reqmrements of the Nonresxdantxal Interim Regulations and ~s consistent w~th the approved 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng &strtct classfficatmn and land use desxgnatmn of the 1 8 acre property described m the legal description attached hereto and xncorporated here~n as Exhibit A xs changed from Single Family (SF-7) zoning &strict classlficatmn and land use des~gnatmn to Planned Development (PD) zoning dmtnct classxficatmn and land use designation under the comprehensive zomng ordinance of the C~ty of Denton, Texas to allow office uses The Zomng Plan and smd change ~s in zomng are hereby adopted, subject to the following con&tmns 1 The number of parking spaces be removed from the Zomng Plan and be ~ncluded on a future Project Plan 2 Lightang 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 d~ffuslon into the night sky SECTION 2 The City's official zoning map is amended to show the change m zoning district classification SECTION 3 If any provisions or the application thereof to any person or circumstance ss held invalid by any court, such invalidity shall not affect the validity of other promslons or applications, and to this end the provisions of this ordinance are severable SECTION 4 That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of tins 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 this ordinance to be pubhshed twice in the Denton Record Chromcle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage 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 PAGE 2 Exhibit A Legal Description Betng all that certan lot, tract, or parcel of land sttuated tn the MEP & PRR Survey Abstract 1471, and the J Brock Survey, Abstract 55, Denton County, Texas, bemg all of a 0 610 acre tract described in a deed to St Andrew Church of God tn Clmst, recorded under County Clerk's file 97-R0081539, Real Property Records, Denton County, Texas and being all ora al 162 acre tract described tn a deed to Denton Housing Authority, recorded m Volume 2839, Page 778, Real Property Records, Denton County, Texas and being more particularly described as follows Beg~rmmg at an iron rod found at the northwest comer of said St Andrew tract, betng at the northeast comer ora tract described in a deed to John L Clay, recorded tn Volume 1222, Page 34, Deed Records, Denton County, Texas, also being the southwest comer of Lot 1, ,Block A, Dreamland Apartments Addltaon, an addtt~on to the C~ty of Denton, recorded m Volume 6, Page 12, Plat Records, Denton County, Texas, and bemg the southeast comer of a tract of land described m a deed to the Ctty of Denton, recorded in Volume 993, Page 715, Deed Records, Denton County, Texas, Thence S 89 degrees 38 rmnutes 03 seconds East, with the north hne of smd St Andrew tract and the south line of smd Lot 1, a dxstance of 50 00 feet to an ~mn pin found at the northernmost northeast comer ofsa~d St Andrew tract and the northernmost northwest comer of a tract described ~n a deed to Denton Housmg Authority, recorded ~n Volume 2839, Page 778, Real Property Records, Denton County, Texas, Thence S 89 degrees 38 minutes 03 seconds East, wxth the north hne of smd Denton Housing tract and wtth the west hne of Ruddell Street, a dmtance of 308 53 feet to an ~ron pm found for the southeast comer of sa~d Denton Housing tract and the ~ntersectton of the west hne of Ruddell Street and the north right-of-way hne of Wdson Street, Thence S 89 degrees 58 mmutes 45 seconds West, w~th a south hne of satd Denton Housing tract and the north right-of-way line of Wtlson Street, a d~stance of 120 21 feet to an ~ron pm found for the southern most southwest comer of smd Denton Housing tract and the southern most southeast comer of smd St Andrew tract, Thence N 88 degrees 53 m~nutes 24 seconds West, wxth a south hne of saxd St Andrew tract and the north right-of-way hne of Wtlson Street, a dmtance of 130 06 feet to an tron pm found for the southwest comer of smd St Andrew tract and the southeast comer of smd Clay tract, Thence N 00 degrees 07 minutes 48 seconds East, 728 00 feet wlth the west hne of smd St Andrew tract and the east hne of smd Clay tract, a dxstance of 307 65 feet to the Place of Begmmng and conta~mng 1 773 acres of land LOT 1 / I ~ ~ P ~ p R ~ % 1677 ACRES ABsT~CT NO / /. suR j BRU~'~oAcT NO 55 I ~ ~,~s o. ~ ~ ZONING P~ OF AGENDA INFORMATION SHEET AGENDA DATE October 17, 2000 DEPARTMENT Electric Ut~ht~es ACM. Howard Martin, 349-8232 ~ SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ELECTRIC DISTRIBUTION SYSTEM MAINTENANCE AND OPEI~TION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF SANGER, TEXAS, WHEREIN DENTON MUNICIPAL ELECTRIC SHALL PROVIDE SERVICES TO THE CITY OF SANGER RELATING TO THE MAINTENANCE AND OPERATION OF ITS ELECTRIC DISTRIBUTION SYSTEM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREUNDER, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE BACKGROUND. Due to a lack of qualffied personnel to operate m a safe and efficmnt manner, the C~ty of Sanger has requested that the C~ty of Denton provide any needed maintenance and emergency servmes reqmred to allow for safe and rehable electric servme w~tban the C~ty of Sanger OPTIONS' 1 Approve Mmntenance and Operations Agreement 2 Disapproval of Mmntenance and Operatmns Agreement RECOMMENDATIONS Staff recommends approval and support of a s~ster mummpal utthty ESTIMATED SCHEDULE OF PROJECT' Agreement to be m effect for 90 days, upon approval by PUB and Denton C~ty Council PRIOR ACTION/REVIEW (Courted, Boards, Commission) To be presented to the Pubhc Ut~hty Board on October 16, 2000 FISCAL INFORMATION Base bflhng to be $8,800 per month plus any constmctmn costs exceeding hsted agreement BID INFORMATION: Not Apphbable MAP Not Apphcable Respectfully submitted Sharon Mays D~rector Prepared by Exhibit I - Contract 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ELECTRIC DISTRIBUTION SYSTEM MAINTENANCE AND OPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF SANGER, TEXAS, WHEREIN DENTON MUNICIPAL ELECTRIC SHALL PROVIDE SERVICES TO THE CITY OF SANGER RELATING TO THE MAINTENANCE AND OPERATION OF ITS ELECTRIC DISTRIBUTION SYSTEM, PROV]I)ING FOR THE EXPENDITURE OF FUNDS THEREUNDER, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S~CTIt3N 1, That the C~ty Manager is authorized to execute the Electric Dmtnbut~on System Maintenance and Operation Agreement by and between the City of Denton, Texas and the City of Sanger, Texas (the "Agreement"), in substantially the form of the Agreement attached hereto and incorporated herewith by reference S~(2TICiN 2 That the expenditure of funds related to the C~ty of Denton's performance of the Agreement is hereby authorized ~RF, CTIC)N q That the above and foregoing Agreement xs hereby rattfied, confirmed, and retroactively approved, and shall be effective from and after October 6, 2000 S~CTIC~NI 4. That except as otherwise promded m SecUon 3 above, tlns Ordinance shall become effective nnmedlately 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 S \Our Documenta\Ordmancos~00~Sanger Electric System M&O Asrmt DME 10 00 ord doc 3 THE STATE OF TEXAS § COUNTY OF DENTON § ELECTRIC DISTRIBUTION SYSTEM MAINTENANCE AND OPERATION AGREEMENT THIS AGREEMENT (hereafter the "Agreement") is made and entered into by and between the City of Denton, Texas ("DENTON"), a Mumc~pal Corporatmn and the City of Sanger, Texas, a Mumclpal Corporatmn ("SANGER"), each acting pursuant to the anthonty obtained from then: respective govermng bodies, and ttus Agreement being executed by and through then: respective duly authorized offiemls and officers DENTON and SANGER (hereafter collectively referred to as the "Parties"), for and m consideration of the pronuses and covenants contmned herein, m consideration of the mutual benefits to be obtained by the Parties hereunder, and m conslderatmn of the sum of Ten Dollars ($10 00) and other valuable conslderatmns to be prod by SANGER to DENTON pursuant hereto, the Part~es do hereby AGREE as follows Section 1. ~qe~.n~ nf Work/.q~rviee~ tn h~ Provided by I)~nton Mume~pal F~lectr~e. Operations, maintenance and minor construction pertaining to the Electric Distribution system for the City of Sanger, Texas A Service Ticket actavltles and services (repmr street light, guy wire, tree lrmbs, etc ) B Power Restorataon activities and services (fuses, poles, conductor, hardware, ere ) C Mmor Construction activities to provide servme (one/two pole extensions, 100-200 ft underground extensions, transformer, service wire, etc ) PROVIDED HOWEVER, Construction costs hereunder (material, labor and eqmpment) shall not exceed $25,000 total dtmng the term of ttus Agreement Any other ennstructmn proJect(s) requmng over $25,000 for constructaun costs shall be handled under a separate written agreement, subject to the approval of the Denton C~ty Council Sectzon 2 Rates and Charcoal. (A) SANGER shall pay DENTON, for services provided under tl~s Agreement, the followmg (1) For the work performed by DENTON under Section 1 heremabove, SANGER shall pay DENTON the sum of $8,800 per month compensation for services performed, and equipment utlhzed by DENTON m the performance of tl~s Agreement, and 4 (2) The cost of materials, supplies, eqmpment rentals, outside or independent contractor fees and expenses, sales, use and s~unlar taxes, and other miscellaneous costs d~rectly related to the prowslon of services under tins Agreement for SANGER, all of winch shall be mvomed at the actual cost incurred by DENTON, and (3) An admunstratlve charge due and payable to DENTON by SANGER equal to 10% of the sum of the amounts invoiced under Section 2(A)(2), here~nabove (B) DENTON shall issue and dehver to SANGER an invoice for services performed and matenals furmshed pursuant to tins Agreement on a monthly basis All invoices shall be due upon receipt Any invoice winch remains unpaad for more than thmy (30) days after receipt by SANGER shall bear interest at the rate of 10% per annum thereafter until fully prod (C) DENTON shall keep records and accounts of the activities and transactions relating to the prowslon of serwces under tins Agreement to winch SANGER shall have reasonable access to Section 3. Warranti~g. L~m~tstinng_ A) DENTON shall use reasonable diligence to prowde regular and consistent maintenance and operating act~wt~es under tins Agreement and shall perform ~ts services in a good and workmanhke manner DENTON shall not be hable for any damages of any kind or character, any costs or losses caused by an Interruption, suspension, or curtailment of electric servme due to any cause not reasonably wltinn its control including, but not hmlted to acts of God, nature or the elements, fire, accidents, mwl or public disturbance, breakdown or accident to eqmpment, or any damages, costs or losses suffered by SANGER pertaunng to an act or omission by any person or entity not under thc d~rect control of DENTON B) In the event of a natural disaster m winch SANGER suffers physical damage to ~ts electrical system, DENTON shall assess its Electric Utthty's s~tnatlon to determine whether st ss capable of providing assistance to SANGER, consldenng the needs of DENTON'S own electric utility customers first DENTON shall be under no obhgatlon to provide assistance to SANGER m the event of such a natural disaster However, DENTON agrees that if its electric utlhty IS capable of providing assistance to SANGER m the event of such natural dasaster, then DENTON will do so ~n good faith C) The Pames agree that the entire habthty of DENTON fi:om any cause, whether arising by contract, m tort, or otherwise, shall not exceed the total sum of money received by DENTON under tins Agreement for 1ts services D) THE WARRANTIES CONTAINED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THE SERVICE BEING PROVIDED UNDER THIS AGREEMENT IS BEING SOLD "AS IS" SANGER AGREES THAT DENTON SHALL NOT BE LIABLE FOR ANY 5 SPECIAL, INCIDENTAL, iNDIRECT, OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFIT OR REVENUE ARISING FROM THE PROVISION OF SERVICE UNDER THIS AGREEMENT EVEN IF DENTON HAS BEEN ADVISED OF SUCH POSSIBILITY Section 4. ~:maT~mmmltam (A) Tins Agreement shall be for a primary term ofmnety (90) days (B) Tins Agreement shall be automatically renewed for successive tinrty (30) day periods, until such time as SANGER provides wntten notice to DENTON of its retention to terminate this Agreement at least ten (10) worPang days prior to the end of the primary term, or as to any successive tinny (30) day renewal term of tins Agreement Tins provision is subject to the total one (1) year termination date set forth in Section 4 (C) herembelow (C) Tins Agre~nant, notwlthstanthng the automatic renewal terms provided for in Sectmn 4 (B) hereinabove, shall in all events terminate one year after its effective date (D) Tins Agreement shall be effective from and after October 6, 2000, winch is herein referred to as the effective date of tins Agreement (D) DENTON may terminate tins Agreement, at will and without cause, by providing SANGER thn-ty (30) days written notice of termination (E) DENTON may terminate tins Agreement upon ten (10) days written notme to SANGER in the event SANGER is, or remmns more than ten (10) days delinquent on any payment reqmred to be prod by SANGER to DENTON under the terms of tins Agreement Section 5 Nntle~. Any notice required or deszred to be g~ven from one party to the other party to tins Agreement shall be m wrltang and shall be given and shall be deemed to have been served and recmved (whether actually received or not) if 0) delivered in person to the address set forth below, (n) deposited in an officml deposxtory under the regular care and custody of the Umted States Postal Service and sent by ce~fied mml, return receipt requested, and addressed to such party at the address hereinafter specified, or 0n) dehvered to such party by comer-receipted delivery Either party may designate another address for notme, but antfl written notice of such change is actually received by the other party hereto, the last address of such party designated for notice shall remmn such party's address for notice to be provided hereunder ADDRESS FOR NOTICE DENTON SANGRR City Manager City of Sanger, Texas City of Denton, Texas 215 East MeKnmey Avenue Denton, Texas 76201 and to Detuon Mttmclpal Electric Attn Sharon Mays, Director 901-B Texas Street Denton, Texas 76201 Section 6 Attorn~?~ l*~a~. Should either party to tins Agreement commence legal proceedings agmnst the other to enforce the terms and proxnslons of tins Agreement, the party losing m such legal proceedings shall pay the reasonable attorney's fees, cost of court, and related expenses of the party preva~hng in any such legal proceedings Section 7 No Aantgnmant. Neither party hereto shall have the right to assign that party's interest in tins Agreement wathout the prior written consent of the other party, winch consent shall not be unreasonably withheld Section 8 ,qavarahihty. If any term or provision of tins Agreement is held by a court of competent junsdactlon to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaimng terms or provisions of tins Agreement shall not be affected thereby, and in heu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to tins Agreement a legal, valid or enforceable term or pro,nslon as slnnlar as possible to the term or provision declared illegal, invalid or unenforceable Sectmn 9 Waiver. Either DENTON or SANGER shall have the right to watve any requn:ement contmned m tins Agreement, winch is intended for the warring party's benefit, but, except as otherwise provided herein, such wmver shall be effective only if done m writing, executed by the party for whose benefit such reqmrement ~s intended No wmver of any breach or vlolataon of any term of tins Agreement shall be deemed or construed to constatute a wmver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or vlolatmn Section 10 Gtawrning l,aw: Vanna, Tins Agreement and all of the transactions contemplated hereto shall'be gnvemed by and construed m accordance with the laws of the State of Texas The provisions and obligations of tins Agreement are performable in Denton County, Texas such that exclusive venue for any actaon arising out of tins Agreement shall be m Denton County, Texas Section 11. Paragraph Haadtn?., C. nnatrnetmn, The paragraph headings continued in ~s Agreement are for convemence only and shall in no way enlarge or lnmt the scope or meamng of the various and several paragraphs hereof Both pames have participated in the negotlatmn and preparation of tins Agreement and this Agreement shall not be construed either more or less strongly against or for either party Section 12 lllndmg l~,ffeet. Except as lumted hereto, tins Agreement shall be binding upon and inure to the benefit of the Pames hereto and then: respective successors and assigns ? Section 13. f',~nder. Within thls Agreement, words of any gender shall be held and construed to Include any other gender, and words ~n the singular number shall be held and construed to mclude the plural, unless the context otherwise reqmres Section 14. C. nnnterparta_ This Agreement as executed in two (2) original counterparts, each of which shall be deemed an original Section 15. Entire A?eement. It lS understood and agreed that tlus Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements or understandings between the part,es relating to the subject matter of tins Agreement No oral understanchngs, statements, pmmmes or ,nducements contrary to the terms of ttus Agreement exist Tbas Agreement cannot be changed, modffied, or terminated orally and may only be changed, modified, or termmated m a writing s~gned by both Parties SecUon 16. ltelatmnnh~p nf Partlen. Nothing contmned in this Agreement shall be deemed or construed by the Parties hereto or by any third party to create the relationship of pnnmpal and agent, or of partnership, or of joint venture, or of any assomat~on whatsoever between the Parties, ~t being expressly understood and agreed that no provision contained in this Agreement, nor any act or acts of the Part,es hereto shall be deemed to create any relationship between the Part,es other than the relat~onshap of mdependent partaes contractang with each other solely for the purpose of effectmg the provisions of this Agreement IN WITNESS WHEREOF, this Agreement ~s executed by the duly authorized officials and officers of DENTON and SANGER on tbas the day of ,2000, to be effective as of the day of ,2000 "DENTON" CITY OF DENTON, TEXAS A Mummpal Corporation MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "SANGER" CITY OF SANGER, TEXAS A Mumc~pal Corporation MAYOR ATTEST By CITY SECRETARY S \Our Dceumcnts\Contracts~00\Sanger Electric Ihsmbuuon System Agrmt 10 00 DME dee Agenda No Agenda Ite'm ,q~--- AGENDA INFORMATION SHEET Date ( AGENDAJ DATE October 17, 2000 DEPARTMENT' Engineering & Transp~ CM/DCMIACM: Dave Hill: 349-8314 SUBJECT Consider adoption of an ordinance of the City of Denton approving a real estate contract between the City of Denton and Warren A Searls and Barbara M Searls for the purchase of approximately 0 008 acre or 359 square feet of land being situated in the N H Meisenheimer Survey, Abstract no 811 m the City &Denton, Denton County, Texas for use as street right-of- way for U S Highway 77, with fee s~mple title vesting lil the State of Texas, acting by and through the Texas Transportation Commission, authorizing the expenditure of funds therefor, and prowdmg an effective date BACKGROUND; Warren A and Barbara M Searls have executed a real estate contract for the required right-of- way for the U S Highway 77 Widening Project The contract amount of $521 00 represents the fair market value as determined by an independent appraiser and reviewed by a separate appraiser for conformity and as required by the Texas Department of Transportation (TxDOT) The Appratser and Review Appraiser Professional Services Contracts were approved by the City Council in 1997 RECOMMENDATION' Staff recommends approval of the real estate contract between the City of Denton and Warren A Searls and Barbara M Searls for the purchase of 0 008 acres of land for right of way for U S Hwy 77 Wademng Project PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning & Zomng Commission recommended approval on July 23, 1997 FISCAL INFORMATION The purchase price breaks down as follows, 359 square feet x $1 15 per square foot for the right of way equals $413 00, plus $108 00 for ~mprovements (gravel drive) equals the total purchase pnceof$521 00 Closlngeosts are estlmated to be approxlmately $500 00 MAP Attached Respectfully submitted Je~ry' 9llark, Dyector ' En'g~ieenng &~ Transportation Pre!~ared l~y Paul w~lhhmson R~ght-of-Way Agent 2 NO SCALE SITE i LOCATION MAP , :.".:. : :[![:[~..~ . . : r &, , ~ ~ j ~L ' ' ' m R 11¢59.16 ~ ~ ~ ~ C~ 375.22 / I ~ ~ o~X~ ~ ~ ~ 'J I m I, : ~ ~ d. L. HER(~ ADDZ I ,._ ~ o ~ I W~REN ~'SE~LS, ~ WIFE, . ' VOL. P~. 35~ S,F, OE 0,008 AC, SITE MAP Pl~nntng and Zollulg Mmutas luly 23, 1997 Page 2 Ms. Schexiz: Are there any other nominations? Il'there are none, nornlnat~OnS are closed We will vo~e on the nominees m the order of thexr nomination. I will hst their name and then after I am through if you will raise your right h~nd d you are in favor. As rn~y as are m favor of Su~ Engelbrecht please raise your right lured. (Vote - 3) As many as are in favor of Ellen Scher~ please raise your fight h~nd (Vote - 4) The new Chair person by majority is Ellen Schenz. Thank you For the second nom~n_ee we will be elec~.mg Vice-Chair person The floor is open Ms Apple I would like to nominate Bob Powell Ms Schcriz Are there any further nom~n~Uons? Mr. Moreno I would nominate Sim Engelbrecht Ms Schertz Are there any further nommat~ons~ Seeing none, nom~nations are closed As many as are in favor of Bob Powell, please raise your ngh£ h,nd (Vote - 4) Seeing there ~s a majority, the new Vice-Chair person w~ll be Bob Powell Congramla~ons HI Consider approval of the rn,nutas of the luly 9, 199'7 meeting M.~ Schertz' Are there any corrections? Seeing none, the minutes will sh, md approved as wn~ten z~IV Consider making recommendation lo the City Cotmcll for the acqu~sluon of the Right-of- Way for U.S. 377 from F.M 2164 to 1-35 Mr Powell That's nor 37'7 but ~s 77. Ms. Schert. z You are correct Let the mmt~tas reflecl tha~ M~ Powell I would move that we recommend to the City Cotmcll the acqulsl~,on of P~$ht-of-Way for US 77 from FM 2164 to I-3f Ms Ganzer Second. Ms Scherlz Is there any d~scnsslon? AU m favor, please raise your nght tumd Motion passes (70) V Co~ider making recommendation to the C~ty Council for the acqu~s~tion of the Rlght-of- Wa~ for Lakevlew Boulevard Mr, Powell: I move that we make recommendation to the City Cotmc~l for the acqmslt~on of ~ Right-of-Way for I~-eview Boulevard. .Mn Engelbrech£: Second. 5 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND WARREN A SEARLS AND BARBARA SEA_R.LS FOR THE PURCHASE A PARCEL OR TRACT OF LAND CONTAINING APPROXIMATELY 0008 ACRE OR 359 SQUARE FEET OF LAND SITUATED IN THE N H MBISENHBIMER SURVEY, ABSTRACT 811 IN THE CITY OF DENTON, pENTON COUNTY, TEXAS, FOR USE AS STREET RIGHT-OF-WAY FOR U S HIGHWAY ?% WITH FEE SIMPLE TITLE VESTING IN THE STATE OF TEXAS, ACTING BY AND T, HROUGH THE TEXAS TRANSPORTATION COMMISSION, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager is hereby authonzed to execute a Real Estate Contract between the City and Warren A Searls and Barbara Searls, 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 pumhas¢ of approximately 0 008 acre or 359 square feet of land for use as street right-of-way for U S Highway 77, with fee simple title vesting in the State of Texas, acting by and through the Texas Transportation Commission SECTION 2 The City Manager is authorized to make the expendxtures as set forth in the attached Real Estate Contract SECTION 3 This ordinance shall become effective tmmedlately 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 REAL ESTATE CONTRACT STATE OP TEXAS COUNTY iOF DENTON THIS CONTRACT OF SALE is made by and between WARREN A. SEARLS AND BARBARA SEARLS (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms &nd conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby ipurchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and person&l property situated on and attached to the Property, for the consideration and upon end subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor end materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by December 31, 2000 shall become property of the City of Denton, Texas PURCHASE PRICE 1 Amount of Purchase Price. The purchase price for the Property shall be the sum of $521.00 2. Payment of Purchase Price The full amount of the PurchaSe Price shall be payable in cash at the closing. PURCHASER'S OBLIOATIONS The obligations of Purchaser hereunder to constunmate the transa~tions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in DISK ~ ? 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 Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a o~ners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the 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 purpose.s; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser The eurvey shall be staked on the ground, and shall show the location of all ,improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on,or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser 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 satisf&ction 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 Disk 5 PAGE 2 8 deemed to be Purchaser.s acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing 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 emended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSIN~ The closing shall be held at the office of Dentex Title Company on or before November 30, 2000, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). Disk 5 PAGE 3 9 CLOSING REQUIREMENTS 1. Seller's Requirements. 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 Obli~ations 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 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 Closin~ 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 he deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser~ 2. The exception as to restrictive cove~ nants shall be endorsed "None of Record"~ 3. The exception for taxes shall he Disk 5 PAGE 4 10 limited to the year of closing and shall be endorsed "Not Yet Due end Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Re~uirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closin~ 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 consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller, 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 ithe event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consu~unate 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 ~he event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performanoe of this Agreement, or terminate this Agreement by written~notice delivered to purchaser. Disk 5 PAGE 5 11 MISCELLANEOUS 1. I Assi~nmsnt of Agreement. This Agreement may be assigned by Purohaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby isha11 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 o~ the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the Stats 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 ~o the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Le~al 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 theI invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded This Agreement constitutes the sols and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the partie~ 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 be held and construed to include any other gender, and words in Disk 5 PAGE 6 12 the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both ~arties shall promptly execute a memorandum of this Agreemeht suitable for filing of record. 11. compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purohaser 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 THE CITY OF DENTON, TEXAS / / -WARREN A. SEA,RLS ^ ] Michael W Jez ~ -~"~ ~"~ ~v ~ 215 E McKi~ey B~BA~ M. SEARLS Denton, Texas 76201 Disk 5 PAGE ? 13 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of , 2000 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to 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 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 t um.nt i. ec owl.dg.d b.for, m., on thi. , 2000__ by Warren A. Searls and Barbara ~ ¢~MyCommlssion ~plres?.gg.~ ghe State of Texas Disk 5 PAGE 8 14 EXHIBIT "A" County ~ Page 1 of 1 H~ghway ~ Project [Jmits From I.H. 3E Rev October 27, 1994 To u.s. 3~IQ Account FIELD NOTES FOR PARCEL 52 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO WARREN A SEARLS AND WIFE, BARBARA M SEARLS, RECORDED IN VOLUME 789, PAGE 272, DEED RECORDS OF DENTON COUNTY, TEXAS IDRDCT}, AND BEING SITUATED IN THE N H. MEISENHEIMER SURVEY, ABSTRACT NO 811, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference st a found 1/2-Inch iron rod for the southwest corner of smd Searle tract, THENCE S 880129' 07' E, along the south property line of said Searle tract, a d~atance of 156 48 feet to a set 5/8-inch iron rod with an aluminum cap being the POINT OF BEGINNING, same being a point on the new west right of way hne of U S. 77 and being ~n a non-tangent circular curve to the r~ght hawng a radius of 11489 16 feet, (1) THENCE northeasterly, along the new west nght of way hne of U S 77 and smd curve to the right, through a delta angle of 00° 18' 15', an arc d~stance of 61 00 feet, and hawng s chord which bears N 03° 11' 25" E, a d~stance of 61.00 feet to a set 5/8-1nch iron rod w~th an aluminum cap, amd point being on the north hne of aa~d Searle tract, and the south hne of a tract of land conveyed to Joe Bryon Penmngton, recorded in Volum~ 974, Page 552, DRDCT, (2) THENCE S 88° 25' 18" E, along a line common to amd Searle tract and amd Penmngton tract, s d~stsnce of 5.88 feet to a found 1/2-inch ~ron rod for the northeast corner of smd Searle tract, Same being the southeast corner of said Penmngton tract, and said point being on the ex~stmg west r~ght of way line of U.S. 77, {3) THENCE S 03° 12' 21" W, along a hne common to said Searle tract and ex~stmg west right of way line of U S 77, a d~stance of 60 99 feet to a point, being the southeast corner of smd Searle tract, (4) THENCE N 88° 29' 07" W, along the south hne of sa~d Searls tract, a distance of 5 86 feet to the POINT OF BEGINNING, and contmmng 0 008 acre, or 359 square feet of land, more or less ehn F Wilder, R P L S Date Texas No 4285 15 Pese ! of 3 Rev g/gl DEED TH~ STAT~ OF TF_XA~ } ! COUNTY OF .... } KNOW ALL MEN BY THESE PRESENTS That, of the County of , State of Texas, hereinafter refened to as Grantors, whether one or more, for and in consideranon of the stun of... " Doliaz~ ($ ) to Gramor~ re. hand Prod by the State of Texas, acting, bv and throu,,~ the Texas Trans'-o-'~'l~- ''" ........ .winch ~ hereby acknowledged, and for which no hen ,- .---..---~ --,~- ........ .~ ....., .... P -. ..... j.,.7.,~,= ~c~cm ao urant, ~argam, ~ell and Convey unto the Stare af Texas all that certain trac~ or parcel oilana In Cotulty, Texas, more parncularly cleem~ed in Ex. hibit "A," which i,s attached hereto and incorporated helm for any and all purposes SAVE and EXCEPT, HOWEVER, it ~s expressly under~tood and agreed that Grantors are reta.wung t/tie to the following uriprovements located on the property described in said F. xhihit "A," to wit Grantors cove/-uh~ and agree to ~,,,ove the above-de~cr~oe.d u'npwvemenu ~om smd l~d by ~e ' day of ,19 , ~bje~, however, to such ~te~zo~ of ~e ~ may ~ ~ted by ~e S~te m ~tmg, ~d ~, for ~y m~on, G~o~ f~ or m~g to remove s~ w~ s~d ~nod of t~e p~scnb~, then, wi~out ~y ~er comid~on, ~ t~e to ~ or ~y pm of su~ ~provements not so removed s~ p~s to ~d vest m ~e S~ ofT~ fo~ Gr~to~ ~e ~ of ~e o~, g~ ~d ~ph~ m ~d ~ ~e l~d helm convey~ ~t wmve ~ of mggss, ~d e~ass to ~ ~e ~e~of for ~ ~ose of ~lo~g, ~velopmg, ~g or ~11~qg for s~e, however, not~g m ~ mse~mon ~ ~ ~ ufle md n~ of~ St~ to t~e ~d use ~ o~er ~er~ ~d m~en~ ~e~on, t~m ~ ~em~der Texa~ Dep~rfrnent o~' Tra~spon~lzon Form D-15.14 P~e2of~ Rmv ~1 TO ~VE ~ TO HOLD ~e p~es helm ~scn~d ~d helm conveyed toget~r w~ ~ ~d sm~ ~ rights ~d ap~en~ ~e~to m ~y w~e ~lon~g ~to ~e Sine ofT~ ~d ~ forever, ~d G~tors do he.by brad o~elves, o~ he~, exe~to~, ~to~, successo~ md ~ ~t~;~ [:~re~:f~d ~ ~d.sm~d~r*e s~d p~ea h~m co.eyed ~to ~e Stye of · ereof ~ s ~ ~on whomever ~y clog or to c~ ~ s~e or ~y p~ ~ ~ESS WHEREOF~ ~ ~ent = ~e~ted on ~ ~e day of , 19, ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF } BEFORE ME, the undemg~ed, a Notary Public, o~ this day persomlly appea~d , Imowo to me (or proved to me on the oalh of , a c~edthle mme.,) to be the pekoe(s) whose name(s) i.s (a~) mbscribed to the foregoing imtrumem and admowledged to me th~. he/she/they execul~d the same for the GIVEN UN'DER MY HAND AND SF..A.L OF OFFICE, gus day of ,19, ~om'y Pubh¢, Sine of Texas My Co'~,~'~m ec:auea m ~be dayo~ ,19 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF } BEFOR1~ M~ ~e undamigned, a ~0~ ~b~ ~ ~ ~y ~0..!ly ~ of , ~o~ to me to ~ ~ ~on ~ Offi~ ~ ~e a ~ to ~ forgoing ~em ~ ~i~ to me ~ ~ ~e w~ ~ a~ of ~ smd , a ~o~ ~t h~s~ w~ O~ ~ MY ~ ~ 8~ OF O~ ~ ~y o~ ,19, ~r7 I:bma...~me ot' T~ My Comm~l~,~_ea expL, es on ~ , day of ,19~.. 17 Norm After recording please return this Lustrument to: CERTIFICATE OF RECORDING THE STATE OF TEXAS, cOLrNTY,OF 18 AGENDA INFORMATION SHEET 9ate /,p /7 ~O -- AGENDA DATE: October 17, 2000 DEPARTMENT Engineering & Transportation CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Consider adoptmn of an ordinance approwng a real estate contract between the C~ty of Denton and W H, Bottoms, relating to the purchase of approximately 0 046 acre of land being located in the N H Melsenhe~mer Survey, Abstract no 810 of Denton County, Texas for the U S Highway 77 Project, with t~tle vesting in the State of Texas, authorizing the expenditure of funds therefor, and providing an effective date BACKGROUND~ W H Bottoms has executed a real estate contract for the required right-of-way for the U S H~ghway 77 Wldemng ProJect The contract amount of $3,818 00 ~s based on the fmr market value as determined by an independent apprmser and rewewed by a separate apprmser for conformity and as reqmred by the Texas Department of Transportation (TxDOT) The Appramer and Remew Appraiser Professional Servmes Contracts were approved by the Ctty Council m 1997 RECOMMENDATION Staff recommends approval of the real estate contract between the C~ty of Denton and W H Bottoms for the purchase of 0 046 acres of land for right of way for U S Hwy 77 Widening ProJect PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Plarmmg & Zoning Commission recommended approval on July 23, 1997 FISCAL!INFORMATION The purchase price breaks down as follows, 2,009 square feet x $1 10 per square foot for the right of way equals $2,210 00, plus $1,608 00 for ~mprovements (gravel driveway, fencing and ornamental landscapmg) equals the total contract purchase price of $3,818 00 Closing costs are estimated to be approximately $500 00 MAP Attached 1 Respectfully submitted Jerr~C1)rk, Director Prepared by Englne~nng ~ Transportation Paul Wdhamson Rtght-of-Way Agent NO iCALE LOGATIONMAP W. H. BOTTOMS --'~/ ~ ~~~ ~ REM.- 0.199 AC. // ~/"~. "" ~I~, ' s 58 E~ S 71.95' ,82' SITE MAP PI~n~l,,g and Zoning Minutes July 23, 1997 Page 2 Ms. Scherlz: Are there any other nom;n.ttons? If there are none, nom;~.tions are dosed We will vote on the nomi'~e~ izl the order of their nornt~.~ion I will li~ their name and then after I am through if you will raise your right h~nd If yOU are ill favor. As many a~ are/n favor of Jim Engelbrecht please ra~e your fight h~d. (Vo~e - 3) As m~¥ as are in favor of Ellen Schenz please raise your righ~ h~d (Vote - 4) The new Ch~t~ person by majority/s Ellen Schenz. Timnk you. For the second nominee we w/Il be electing Vice-Ch~ir person The floor h open. Ms. Apple I would 1/ke w nomtnote Bob Powell. Ms. Schenz Are there any fur, her nomi~o~lons? Mr. More, no I would nominate Jun Engelbrecht Ms Scherlz' Are there any further nomm~tionsV Seeing none, nomi~l~ons are closed As many as are in favor of Bob Powell, please m~se your ngh£ h~nd. (Vote - 4) Seeing there ~s a majority, the new Vice-Chair person will be Bob Powell Congramlauons. IH Consider approval of the minu~es of the ~Iuly 9, 1997 meeung Ms Schenz Are there any corrections? Seeing none, the mmul~s will s~and approved as wnnen ~- Consider malang recommendallon io the City Council for the acqum~on of the lhghl-of- Way for U.S 377 from 1= M. 2164 to 1-35 Mr. Powell' Thal's nol 377 bu~/s 77. Ms. Schartz: You are correct. Let the mmut~ reflect that Mr. Powell I would move tha~ we recommend ~o the City Council the acqumr~on of Right-of-Way for US 77 from FM 2164 to 1-35 Ms Ganzer. Second Ms. Schariz Is there any discussion? All m favor, please rase your fight hand Motion pa~ses. (7-0) V Consider m~hng recommendation to the C~ty Council for the acquisition of the thght-of- Way for Lakeview Boulevard. Mr, Powell: I move that we m=ke recorm~endafion to the City Cotm¢fl for the acquisition of the Right-of-Way for Lakeview Boulevard S \Our Documcnts\Ordmances\OO\Bottoms Ordinance doc ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND W H BOTTOMS RELATING TO THE PURCHASE OF APPROXIMATE 0 046 ACRE OF LAND BEING LOCATED IN THE N H MEISENHEIMEK SURVEY, ABSTRACT NO 810 OF DENTON COUNTY TEXAS FOR THE U S HIGHWAY 77 PROJECT, VfiTH 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 HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract between the City of Denton and W H Bottoms in substantially the form of the Real Estate Contract wbach is attached to and made a part of this ordinance for all purposes, for the purchase of approximately 0 046 acre of land for the U S Highway 77 ProJect, with title vesting in the State of Texas SECTION 2 The City Manager is authonzed to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 Ttus ordinance shall become effective lmmedrately 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 ~TY, C~/ATTORNEY 6 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THI'S CONTRACT OF SALE iS made by and between W.H. BOTTOMS (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to es .Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on end attached to the Property, for the comsideration 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 locate~ within the property described in Exhibit "A". Any improvements not removed by December 31, 2000 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $2,318.00. Additional consideration of $1,500.00 shell be paid for the ornamental landscape features located within the 0.046 acre tract. The total Purchase Price shell be $3,818.00. 2. Payment of Purchase Price The full amount of the Purchase Price shall be p&yable in cash at the closing. DISK 5 7 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 Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commaitment (the .Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title es set forth in the Conunitment 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 shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by e duly licensed Texas land surveyor acceptable to Purchaser. The survey shall he staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser 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 0£ Purchaser. In the event Seller is unable to do so within ten (10) days a£ter 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 PAGE 2 8 deemed to be Purchaser's acceptance of the survey. 3. seller's Compliance. Seller shall have performed, served, land complied with all of the covenants, agreements, and conditions re~lired 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 oond~ation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereo~, 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, re~ula~ions, statutes, rules and restrictions relating to the Proper~y, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentax Title Company on or before November 30, 2000, or at such title company, time, Idate, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). PAGE 3 CLOSING REQUIREMENTS 1. Beller's Requirements. At the closing Seller sha11- A. Deliver to State of Texas, acting by and through the Texas Transportation Co~ission a duly executed and &cknowledged Deed in the form aa 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. ~eneral real estate taxes for the year of closing and subsequent years not yet due and payable~ 2. Any exceptions approved by Purchaser pursuant to Purchaser's 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 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 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 Purchaser~ 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"~ PAGE 4 l0 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"~ and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the #Purchase Price" section of this contract at Closing in immediately available funds. 3. Closin~ Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other Oosts and expenses of closing in coneununating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller, 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 consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser PAGE 5 11 MISCELLANEOUS 1. Assi~nment of Agreement. 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 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, end 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, a~ministrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Le~el 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 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 this Agreement shall PAGE 6 be held and construed to include any other gender, and words in the singular n~,m~er shall be held to include the plural, and vice versa, t~xless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. in accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 2000. SELLER PURCHASER THE CITY OF DENTON, TEXAS ~ BY: W.H.BOTTOMS Michael W. Jez City Manager 215 E. McKinney Denton, Texas 76201 PAGE 7 13 STATEIOF 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 oorporation, that he was duly author~sed 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 for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COONTY OF DENTON .instr~ment is acknowledged before me, on this ~ ~ day of This · 2000__ by W.H. BOTTOMS. ROGER N WILKINSON Notary Pubtlc State of Texas My Commlssle, Exp~res~.z.f'.f..~ ~ot~ry Public in and for 00~0000000000000000000000000Co the State of Texas PAGE 8 14 EXHIBIT 'A" County Denton Page I of 1 Highway ~ Project Umlts From ~ February 24, 1994 To CSJ ~ Account ~ FIELD NOTES FOR PARCEL 20 BEING A PARCEL OF LAND SITUATED IN A TRACT CONVEYED TO W.H BOTFOMS, RECORDED IN VOLUME 409, PAGE 562, 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 for reference at e found 1/2-inch iron rod, same bmng the northwest corner of amd Bottoms tract end being a point on the east line of a 0 336-acre tract of land conveyed to Bantus M~chael Baker and wife, Becky Ann da la Houssaye Baker, recorded in Volume 890, Page 526, DRDCT, THENCE S 32°104' 09' W, along e line common to said Baker tract and amd Bottoms tract, a d~stance of 133 15 feet to a set 8/8-inch iron rod w~th an aluminum cap, being the POINT OF BEGINNING, also being a point on the new north right of way line of U S. 77; (1) THENCE S 58° 11' 36" E, along the new north right of way line of U S 77, e d~stance of 65 11 feet to · set B/8-1nch iron rod with an aluminum cap, same being a I=omt on the east line of ea~d W.H. Bottoms tract and on the west line of a 0.232-acre tract of land conveyed to Albert B Grubbs, Sr. and wife, Margaret V. Grubbs, recorded in Volume 817, Page 632, DRDCT; (2) THENCE S 31 e 69' 82' W, along a line common to said Bottoms tract and smd Grubba tract, a distance of 30.92 feet to a found 1/2-tach iron rod for the southeast corner of sald W.H Bottoms tract and the southwest corner of said Grubbs tract, same being a point on the existing north nght of way hne of U S 77, (3) THENCE N 68° 03' 18' W, along a line common to said Bottoms trac~ and the existing north right of way line of said U.S 77, a distance of 65 15 feet to a found 1/2-inch iron rod for the eouthwest corner of said Bottoms tract and said point being in the east hne of said Baker tract, (4) THENCE N 320 04' 09' E, along a hne common to smd Bottoms tract and smd Baker tract, a distance of 30 76 feet to the POINT OF BEGINNING, and containing 0 046 acre, or 2,009 square feet of land, more or less Date No 4285 Texas T~x~s Depsmuent of Tran~po~ation EXHIBIT Fo~ D-IS-14 Pa~lof3 R~v 9~1 DEED ~ 5TA~ OF ~ } } CO~ OF } ~OW ALL MEN BY T~SE PRESENTS: That, of the County of , State of Texas, heremafxcr referred to as Grantors, whether one or more, for and m conslderatlon of the sum of Dollars ($. . ) to Grantors m hand paid by the State of Texas, acting by and through the Texas Transportation Corunusslon, receipt of wtuch ~s hereby aclmowledged, and for winch no hen ~s retained, either expressed or anphed, have tins day Sold and by these }~msents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract ,o,r p,,a~__ el of land m County, Texas, more pamcularly described m Ex- hibit A, wluch ~s attached hereto and incorporated hereto for any and aU purposes SAVE and EXCEPT, HOWEVER, it ~s expressly understood and agreed that Grantors are retaining t~tle to the following maprovements located on the property described m smd Exlub~t "A," to wit Grantors covenant and agree to remove the above-described m'rprovcmcnts from smd land by the day of , ,19 , subject, however, to such extensions of tmae as may be granted by the State m wr:tmg, and If, for any reason, Grantors fall or refuse to remove same within said period of t~ne prescribed, then, without any further considerat~on, the title to all or any part of such unprovements not so removed shall pass to and vest m the State of Texas forever Grantors reserve all of the otl, gas and sulphur m and under the land hereto conveyed but waive all rights of mgress arid egress to the surface thereof for the purpose of exploring, developing, nunmg or d~lhng for same, however, notlung m tlus reservation shall affect the title and rights of the State to take and use all other mmerals and materials thereon, thereto and thereunder 16 Texa~ Depamn~nt of Tmnspomtion Foun P.~. 2 of ~ R~. TO ~VE ~ TO HOLD ~o p~es h~m ~cn~d ~d helm conveyed toget~r w~ ~ ~d sm~ ~ ~hts ~d ~en~c~ ~e~ ~ ~y w~e ~long~g ~to ~ S~ ofT~ ~d 1~ ~s~ louver, ~ Gf~to~ do ~by b~d o~selves, o~ he~s, executor, ~to~, suc~sson ~d ~- s~ to W~t ~d Fo~ver Defmd ~ ~d s~ ~e s~ ~es h~ convoyed ~to ~e Stye of Tex~ ~d ~ ~si~ ag~t ev~ ~on who~v~ ~y clog or to cl~ ~e s~ or my p~ ~e~of ~ ~SS ~EREOF, ~ ~ent ~ ~e~ted on ~ ~e day of ,19 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF I BEFORE MI~, the undersigned, a Nota~ Pubh¢, on ~ day pe~Sonnlly appeared , , known to me (or proved to me on the oath of , a c~dtble w~mess,) to b~ the person(s) whose name(s) is (aM) subscribed to the foregoing Imtmmenl and admowledged to me that he/she~hey executed the same for the purpo,se~ and consideration therein expres~i GIVEN UNDER MY HAND AND SEAL OF Old. ICE. th~s day of ,19 Notary l'ubhc, State of Texas My Coranu~c~ ~ Go tho day of ,19__ CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF } BEFORE ME~ Ihe undersigned, a No~ Pubhc, on ~ ~y ~o~y ~pe~ed of , ~OW~ me to ~ ~e ~on ~d o~r who~ ~e ~ ~b~ to ~ foregoing ~ent ~ a~owl~g~ to me ~ ~ s~e w~ ~e act of ~e smd , a co~om~on, t~t he/she ddy su~on~ to ~o~ ~e s~e by ~pwpnate ~olu~cu of ~ bo~ of ~m~ of ~ c~o~on ~d ~at ~/she ~ted ~ s~e ~ ~e a~ or.ch coloron f~ ~ ~o~ ~ ~dem~on ~m e~ ~d ~ ~e ~pec~ ~m ~a~ O~ ~ MY ~ ~ S~ OF O~, ~s ~y of ,19 Tom My Commission expLms oa the day of ,19 17 i~ Parcel No ~'~ '~ ,~ o~F .~"~ ~ Cobol Sec J~ ~ ~ ~ A~t or ~er~ No ~ ~ DEED ~ ~ ~A~ OF ~-~ ~ m AU~, T~ ~ Fried for R~ord ~ ~s day of ~ , ~ A D 19 , at o'cl~k M Recorded Tlus --. day o£ , AD 19 ,m Counly, Texas, Records of Deeds, Book Page Other . Depmy ^oendaltem AGENDA INFORMATION SHEET Date_ AGENDA DATE' October 17, 2000 DEPARTMENT: Engineering & Transport]t]on CM/DCM/ACM: Dave Hill, 349-8314 ' x~ SUBJECT Consider adoption of an ordinance approving a real estate contract between the City of Denton and Oran Reaves, Jr and Rata Reaves, relating to the purchase of approximately 0 010 acre of land being located m the B B B & C R R Survey, Abstract no 186 of Denton County, Texas for the U S I~ighway 77 Project, with title vestmg in the State of Texas, authorizing the expenditure of funds therefor, and providing an effective date BACKGROUND~ Oran and Rata Reaves have executed a real estate contract for the required right-of-way for the U S Highway 77 Widening Project The contract amount of $500 00 is the munmum amount to be offered under TX DOT guidelines The actual fair market value for the land is $211 00 as determined by an independent apprmser and reviewed by a separate appraiser for conformity and as reqmred by the Texas Department of Transportation (TxDOT) The Appraiser and Review Appraiser Professional Services Contracts were approved by the City Council in 1997 In addition to the past mentioned amount, the existing 8'chain link security fence and entrance gate must be relocated to faclhtate the right of way purchase Built-Rite Fence has provided a quote of $4,220 00 for the reqmred construction as illustrate on exhibit "C" attached to the real estate contract The total being paid for the right of way and fence relocation is $4,720 00 RECOMMENDATION' Staff recommends approval of the real estate contract between the City of Denton and Oran Reaves, Jr and RIta Reaves for the purchase of 0 010 acres of land for right of way for U S Hwy 77 Widening Project The amount for the fence relocation shall be held in escrow by the Title Company and shall be disbursed to the fence contractor upon acceptance of the relocated fence PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning & Zoning Commission recommended approval on July 23, 1997 FISCAL INFORMATION The total prtee breaks down as follows, 137 square feet x $1 50 per square foot for the right of way equals $206 00,plus $5 00 for the prescriptive right of way value equals $211 00 (mlmmum offer ~s $500 00) and $4,220 00 for fence and gate relocations equals the total purchase price of $4,720 00 Closing costs are estimated to be approximately $500 00 MAP Attached Respectfully submttted Je~~k, D1 ectorC~ Prepared by Engineering & Transportation Paul W~lhamson R~ght-of-Way Agent NO SCALE SITE 3 Scale 1" = 80' ~z Parent Tract -~ Pmscnptive ROW Acquisition Area SITE MAP 4 Plamamg and Zoning M~ut~s luly ~, 1997 Pagel 2 Ms. $chertz' Are there any other nomi,~aflons? If there ate none, nomi,~aflons are closed. We will vote on the nominees in the order of their nomi,~ation I will list their name. and then after I am through if you will raise your right hand ff you are in favor As many as are in favor of ~Iim Engelbrecht please raise your right hand. (Vote - 3) As m~ny as are in favor of Ellen Scherlz please raise your right band (Vote - 4) The new Chair person by majority ~ Ellen $chenz. ThAnt,. you. For the second nominee we will be electing Vlce-Cha,r person The floor is open. Ms Apple I would like ~o nomt-~e Bob Poweil. Ms. $chertz Are there any further nominations? Mr. Moreno. I would nom,n~t~e Sim F. ngelbrech£ Ms. Schertz Are there any further nom,p~tions? Seeing none, nominations are closed As many as arc m favor of Bob Poweil, please razse your right hand (Vote - 4) Secmg there is a majority, the new Vice-Chair person will be Bob Powell Congratulations I1T Consider approval of the minutes of the Yuly 9, 1997 meeting Ms. $chertz Are there any corrections? Seeing none, the rmnUteS will s~and approved as written ZVIV. Consider making recommenda~ton to the CRy Council for the acquiszr~on of the Rzght-of- Way for U.S. 377 from N.M. 2164 to 1-35 Mr. Poweil That's not 377 but ~s 77. Ms. $cherlz: You are correct Let the m,,~,ztes reflect that Mr Powell. I would move that we recommend to the City Council the acquismon of lhght-of-Way for US 77 from FM 2164 to 1-35 Ms. G .a~zer: Second Ms. $chezlz. Ls there any discussion? All m favor, please raise your right hand Motion passes. (7-0) V Consider mAkizlg recommendation to the City Council for ~he acquisition of the Right-of- Way for Lakeview Boulevard. Mr Powell I move that we rnai~ recommendauon to the City Council for the acquisition of the Right-of-Way for Lakeview Boulevard. JVlr. Engelbrecht: Second. 5 S \Our Docume~ts\Ordmances\OO\Reaves I doc ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ORAN REAVES, JR AND RITA REAVES RELATING TO THE PURCHASE OF APPROXIMATE 0 010 ACRE OF LAND BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 OF DENTON COUNTY TEXAS FOR THE U S HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FI. FNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Thc City Manager is hereby authorized to execute a Real Estate Contract between the City of Denton and Oran Reaves, Jr and l~ta Reaves ~n substanttally the form of the Real Estate Contract which ls attached to and made a part of thru ordinance for all purposes, for the purchase of approximately 0 010 acre of land for the U S Highway 77 ProJect, w~th t~tle vesting m the State of Texas SECTION 2 The C~ty Manager ~s authorized to make the expand~tures as set forth m the attached Real Estate Contract SE,CTION 3 Th~s ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED th~s the day of ., 2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT LL PROUTY, C/ITY ATTORNEY 6 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE iS made by and between ORAN REAVES, JR. AND RITA REAVES (hereinafter referred to as .Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser'S), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the .Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration end upon and subject to the terms, provisions, and conditione hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, lebor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by December 31, 2000 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount Of Purchase Price. The purchase price for the Property shall be the sum of $500.00. In addition, the City of Denton shall escrow $4,220.00 ( as illustrated on proposal from Built-Rite Fence and attached as Exhibit ~C") with Dentex Title Company for the relocation of the existing fence to the new right of way' line and relocate the eouthern gate approximately twenty (20') ~eet north. Said escrow amount shall be paid to Built -Rite Fence after all relocations are completed and accepted by the City of Denton. No portion of the fence escrow amount shall be deemed as consideration to seller for right of way purchase. 2. P&},ment of Purchase Price. The full amount of the Purchase Price shall be payeble in cash et the closing. DISK ~ 7 PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transac~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 Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners .policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the 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 purposes~ otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the 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 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 PAGE 2 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, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date' 1. There are no parties in possession of any portion of the Property as lessees, tenants at suf£erance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened cond~nation 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, re~ulations, statutes, rules and restrictions relating to the Property, or any part thereof. %. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended CLOSING The closing shall be held at the office of Dentex Title Company on or before November 30, 2000, or at such title company, PAGE 3 9 time, date, and place as Seller and Purchaser may mutually agree upon (~hich date is herein referred to as the "closing date"). CLOSINa REQUIREMENTS 1. Sellerts Requirements. 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, enc%u~brances, conditions, easements, assessments, and restrictions, except for the ~ollowing~ 1. aeneral real estate taxes for the year of closing and subsequent years not yet due and payablel 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- o£1 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 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 Closin9 Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form o~ Texas Owner's Policy of Title Insurance, provided, however= 1. The boundary and survey exceptions shall be deleted if required by Purchaser and i~ so required, the costs associated with same shell be borne by Purchaser; PAGE 4 ~0 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"j 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"~ and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purch&ser~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. Closin~ 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 consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser end Seller, 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~--ete the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this A~reement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to oons,,--~ate 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 PAGE 5 perfor~ance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. Assi~runent of A~reement. 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 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 Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior u~derstandings 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. PAGE 6 12 9. Gender. Words of any gender used in this Agreement shall be hel~ and construed to include any other gender, and words in the sin~llar n,,m~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. Compliance. In eccordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 2000. SELLER PURCHASER THE CITY OF DENTON, TEXAS OP~XN REAVES, ~JR. Michael W Jez 215 E. McKinney RITA REAVES Denton, Texas 76201 PAGE 7 13 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this __ day of · 2000 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and of£icer 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 and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON h____instrumsnt is acknowledged before me, on this ~ day of · 2000__ by OI~N REAVES, JR. AND RITA REAVES. ~>$\ ROGER N WILKINSON ~ No~(ry Public in and for {:~ ~..~MyCommlsslon ~plr,~?,~c.: the State of Texas PAGE 8 14 EXHIBIT County Denton H~ghway U.S. 77 Page 1 of 1 Project L~m~ts. From I.H. 3~ Rev October 27, 1994 To CSJ ~ Account FIELD NOTES FOR PARCEL 42 BEING A PARCEL OF LAND SITUATED IN A CALLED 1 326-ACRE TRACT OF LAND CONVEYED TO DON R O'NEAL, RECORDED IN VOLUME 2537, PAGE 199, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE B B B & C.R R SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found fence corner be.ng on the north property hne of sa~d 0'Neal tract and on the ex~st~ng south right of way hne of U S 77, THENCE S 01 o 17' 51' E, with an east line of said O'Neal tract, a d~stance of 102 91 feet to a point, THENCE S 88° 18' 20" E, with a north line of said O'Neal tract, a d~stance of 70 00 feet to s point, THENCE S 01 o 38' 27' W0 w~th an east hne of sa~d O'Nsal tract, a d~stance of 17S 00 feet to a point for the southeast corner of said O'Neal tract, THENCE N 88° 20' B2' Wo along the south property line of said O'Neal tract, a distance of 178 92 feet to a set PK nad being the POINT OF BEGINNING, same being a point on the new east r~ght of way line of U S 77, {1 ) THENCE N 88° 20' S2' W, along the south line of aa~d O'Neal tract, a distance of 17 98 feet to a,polnt from which a found 120d nail bears S 11 o 33' 52" E, a distance of 0 41 feet, being the seuthweat corner of sa~d O'Neal tract, same being a point ~n the ex~st~ng east r~ght of way I~ne of U.S. 77 and near the center line of Orr Street, and being m a non-tangent mrcular curve to the left having a radius of 742 96 feet, (2) THENCE northwesterly, along e sa~d curve to the left common to ea~d O'Neal tract and ex~stmg east right of way line of U S. 77, through a delta angle of 02° 39' 24", an arc d~stance of 34 45 feet, and having a chord which bears N 04° 18' 52' W, a distance cf 34 45 feet to a set PK na~l with shiner, same being a point on the new east nght of way I~ne of U S 77, (3) THENCE S 47° 36' 05" E, along the new east right of way hne of U S 77, a d~stance of 25 09 feet to a set 'X' cut in concrete, (4) THENCE S 06° 28' 58" E, a distance of 18 06 feet to the POINT OF BEGINNING, and containing 0 010 acre, or 453 square feet of land, of whmh 316 square feet reside m the prescriptive right of way of Orr Street, more or less John F Wilder, R P.L S Texas No 4285 Toxas Depamnent of Tr~nspom i EXHIBIT "B" Form D-15-t4 PaSe 1 o~3 R~v 9/~1 DEED THE STATE OF TEXAS COU1VI'Y OF J KNOW ALL MEN BY' THESE PRESENTS That,., of the County of .... , State of Texas, hereinafter referred to as Grantors, whether one or mom, for and m con~lderauon of the sum of ~ m hand pald by the State ofTexas actmU'E:..---, .... _Dollars_.($. ~ ~ , ~ v~ ~u mrou,gn me lexas I ransponatlon uonumsslon, receipt of which Is hereby ackrlowledged, and for which no lien is retained, either expressed or u'nphed, have th~ day Sold and by these,presents do (3rant, Bargain, Sell and Convey unto the State of Tex tract or parcel of land in as all that certain County, Texas, more pamcularly described m Ex- hlblt "A," which 1~ attache, xt hereto and incorporated hereto for any and all purposes SAVE and EXCEPT, HOWEVER, it 1.s expressly ullderstood and agreed that (3rantors are retaining title to the following improvements located on the property described m said Exhibit "A," to wit (3rantors covet and agree to remove th~ed improvements from said land by the _ day of ... ,19 , subject, however, to such extensions of tune as ma · u.; ~,l;a;avecl, lnerl, wltllout any Iulther cotts~ders~. *~-- *..~ .... - ..... ;-' ..... l'~'""~ ~ riot so removed shall r~,~ ,,~ o.~,-~ ~...o.._ o~._ bT..-~-'_~.~" ~""; ~t~ ~ ~r any part or sucri Lrrlprovemerits ~ r .... ,,,,,, -,,o, ~1.1; o~au: o~ texas rorever Grantors reserve all of the off, gas and sulphur m and under thc land hereto conveyed but waive all rights of regress and egress to the surface thereof for the purpose of exploring, developing, mmmg or drd.hng for same, however, nothing m dm reservanon shaft affect the t~tle and rights of the State to take and use aLI othcr rmnerals and materials thereon, thereto and thereunder Texas Dep .~. eot of' Transportat Form D-I$-14 Page 2 of 3 Rev TO ~VE AND TO HOLD ~e p~es h~m descried ~d helm conveyed together w~ ~ ~d ~m~ ~.~ts roarer, ~o u~to~ ~e~ to W~t ~d Forever D~d ~ ~d s~,l.r ~e ~'~ ...... ~ ............... ~ ~$S ~REOF~ ~ ~ent ~ ~ted on ~ ~ day of ,19. ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF } BEFOR. E IriS, th~ under~igned, a Nota~ Pubhc, off ~ day penonally appeared , known to me (or proved to me on the oath of , a c~chble wlmess,) to be the person(s) whose name(s) ,~ (a~) subsmbed to the foregoing m$lnnnent and acknowledged to me that he/she/they executed the same for the purposes and cons~deraUon thereto expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, tius day of ,19 Notary Pubhc, Stat~ of T~xas My Coamusa~n ~ m the , day of ,19.. CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF } BEFORE lYrE, the undersigned, a Notary Pubh¢, on ttuz day personally appea, r~d of.. , known to me to be the person and officer whosu name ~s sub$c~bed to tho foregoing mztmment and acknowledged to me that the same was the act of the $,,,d , a corporation, that bo/sbo waz duly authormed lo perform the same by appropriate n~oluo, on of the board of du~cto~ of such corporation and that be/sbo GIV'EH LrNDER MY HAND AND SEAL OF OFFICE, flus day of ,19 Notav/Public, Sine of T~x~s My Comm;smton exph~ on the day of ,19 17 Parcel No o.~ ~7.,~,~, _ _ ~ To. ~ o DEED AUS~, ~ 0 FHed for R~ord Z~ ~s day of o A D 19 at o'cl~k M' R~orded _ day of AD 19 ,m ' p~e _ Ot~r EXHIBIT "C" QUOTATION FROM~ B UILT-RITE FENCE DATE 9-20-2000 DENTON, TX 76201 PHONE: 940-898,8923 FAX: $80-27~-9945 STEVE HENDRICKSON TO: CITY OF DENTON ATTN PAUL WILLIA~ISON JOB NAME: ELM / ORR STREET 940-349-8358 QUANTITY DESCRIPTION AMOUNT DEMO 40 FEET OF $ FOOf TALL 9 GAUGE CHAIN LINK $ 4~20 FENCE WITH THREE STRANDS BARB WIRE ON TOP REINSTALL CHAIN LINK FENCE TO NEW LOCATION DRILL NEW GATE PObT HOLES ON DOURLF DRIVE GATE AND SET 6 NEW SCH 40 GATE POSTS. MOVE GATE TO NEW I,OCAI'ION AND RE STRETCH FABRIC. TEAR OU~I GUARD RAIL ALONG FENCE AND RESET TO NESV FENCE LOCATION WEfH NEW 4" X 6" POSTS AND SET IN CONCRETE fOTAL S 4,220 * Tile CITY OF DENfON MUST LOCATE ALL UTILITY LINES BEFORE DIGGING CAN START AND IS RESPONSIBLE FOR ALI. FENCE LINE PLACEMENT BUll T R1TF FENCE IS NOT RESPONSIBLF FOR AN~ UTILITY LINES HIT WHII,E DRILL1NG 19 ~Denda Iten ,,~ AGENDA INFORMATION SHEET r~ate~ [~)'-/r/':~_~ .... AGENDA DATE: October 17, 2000 DEPARTMENT. Engineering & Transpor~t].on CM/DCM/ACM: Dave Hdl~ 349-8314 ~.~'''~ SUBJECT Consider an ordinance declanng a public necessity exists and finding that public welfare and convemenee requires the taking and acqumng of an approximate 0 144 acre or 6,253 square foot tract or parcel of land m fee simple for street purposes such title to be in the name of the State of Texas, acting by and through the Texas Transportation Commission and smd property being located in the NH Melsenhelmer Survey, Abstract No 810 in the City of Denton, Denton County Texas, authorizing 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, authorizing the City Attomey to institute the necessary proceedings m condemnation in order to acquire the property necessary for the public purpose of constructing street improvements for U S highway 77, and declaring an effective date BACKG~UND Negotiations to acquire the required right of way for U S Highway 77 Wlderang ProJect, parcel 16, from Ms Mane Elizabeth Sasso has been unsuccessful The appraised offer breaks down as follows, 2,721 sq ftx $1 10 equals $2,993 00, $39 00 for prescriptive right of way and $113 00 for improvements (gravel drive, fencing and ornan~ental landscaping) equals the offer of $3,145 00 At the initial meeting in June 1998, Ms Sasso thought the offer was inadequate due to the landscaping (crete myrtle, two small pecan trees and other shrubbery) being taken with the right of way acquisition After addxtlonal telephone conversations Ms Sasso, she smd her attorney Mr Wmlkates would be handling the acquisition Mr Charles J Wlmkates, Sr of Wmikates & Wunkates, Frisco, Texas has been retmned by Ms Sasso and several of the other property owners along tlus project A copy of Mr Charles J Wlmkates, Sr letter dated September 1, 1998 is enclosed in the backup Telephone contact with Mr Wlmkates was made to discuss the right of way acqms~t~on and request a meeting to discuss a possible settlement for the acquisition Mr Wlmkates smd he would contact h~s chents and convey their yesponse Since the lmtlal telephone conversations with Mr Wlmkates, he has not returned telephone calls and has not provided any written response to our request We recently contacted the property owner to inform them that Mr Wlnlkates has not returned telephone calls about the right of way acquisition Ms Sasso smd she would contact Mr Wlmkates and request h~m to contact us We have not received any correspondence or telephone calls to date from Mr Wlmkates OPTIONS 1 Authorize condenmatlon to acquire 2 Postpone condemnation and continue to pursue negotiations w~th the property owner and/or owners agent RECOMMENDATION Staffrccommends the author~zatmn of condemnatmn to acquire thts parcel We are pressed to complete the right-of-way acqms~tmn for the project m the near term and we have not been able to estabhsh any productive d~alogue with the owners or thetr attorney PRIOR ACTION/REVIEW (Connefi~ Boards, Commissions) The Planning & Zomng Conumss~on approved the Right of Way Acqms~tlon for U S H~ghway 77 W~denmg Project on July 23, 1997 FISCAL INFORMATION The cost of the condemnation process plus the dollar amount of the award MAP Attached Respectfully submitted ransportat~on Prep.~ed by Paul Wdhamson Right-of-Way Agent NO LOCATION MAP MARIE ELIZABETH SASSO -"' \ ~ VOL. PG. 6253S.F. OR 0.144. AC. 3532 S.F. IN PRESCRIPTIV RIGHT OF WAY REM.- 0.385 AC. REM. = F.D 0.172 AC. "-J ~ / C6 / // ' IR ~ "'"' (/'2 S 58" 11'36" E 19'44" W · ~5.O0' ~" 102 4.9' SITE MAP P.i~r,i,lg a~d 7bnlnS .Fuly ~, 1997 Pag~ 2 ~. 30~: ~ ~ ~ 0~ ~Omln.~O~? We wffi vo~ on ~e no~ ~ ~e o~er of ~e~ nom~n.don I · en a~er I ~ ~ou~ ~you wffi ~ yo~ n~t ~e ~ favor of I~ ~gelbmcht ple~e ~e yo~ ~ favor of ~ ~ ple~e ~e yo~ right h~.d ~om - 4) ~e ~w ~ pe~on you. For ~e second ~oml.ee we wffi be el~g Vice-Chef. pe~on ~e floor h open. Ms Apple I would ~e ~o nominate Bob PoweH. Ms 3che~, ~ ~ere ~y ~er nom~-~om? ~ Moreno, I would nomi.~ie I~ ~gelbrechL Ms. 3che~ ~e ~ere ~y ~er no--aox? Seeing none, nomi~!~om ~e closed ~ m~y ~ ~e ~ favor of Bob PoweH, plebe ~e ·ere h a majofi~, ~e new Vlce-C~ pe~on wffi be Bob Powell. Con~mlafio~ Comider approval of ~e ~u~es of ~e l~y 9, 1997 me~g Ms 3che~ ~e ~ere ~y co~ectlom? See~g none, ~e m~m~ will ~d approved ~ ~en ~. Comider m~g r~o~endadon ~o ~e Cl~ Co~c~ for ~e acqu=~on of ~e ~ghl-of- Way for U,3 377 from F,M 2164 to ~, Powell ~'s no~ 377 but ~ 77. Ms. Sche~: You ~e co.ct ~t ~e mln~lt~ ~flec~ ~, Powell I would move ~at we ~ommend to ~e CI~ Co.cfi ~e ac~a~on of ~tht~f-Way for US 77 ~m ~ 21~ to I-3~ Ms G~er ~econd ~ Sche~, ~ ~e~ ~y disc~sion~ ~ ~ favor, plebe Comider m~g mcomm~n~Uon to ~e Ci~ Coati for ~e ac~a~on of ~e ~t~f- Way for ~eview Bogeyed ~, Power, I move ~t we m~ke ~om~en~on to ~e CI~ Coati for ~e ac~ifion of ~ ~t~f-Way for ~e~w Bo~ev~ S \Our Documel~\Ordmances\OOL~asso Condemnation Ordinance doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 144 ACRE OR 6,253 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING 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, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 16) WHEREAS, at as hereby determined that a pubhc necessaty exasts and that pubhc welfare and convemence hereby reqmre the acqmsmon of fee sample tatle for street purposes, wath such fee sample, t~tle vesting m the State of Texas, acting by and through the Texas Transportation Commmsaon ~n the hereanaf~er described land for the for U S Haghway 77 and that the Caty of Denton should acqmre smd property necessary for smd purpose at the Caty's cost and expense, and WHEREAS, the hereanafler descnbed property as beheved to be owned by Mane Ehzabeth Sasso ("Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That pubhc necessary exasts and pubhc welfare and convemence reqmre the acqms~taon of fee s~mple tatle for street purposes, wath such fee sample tnle vesting m the State of Texas, actang by and through the Texas Transportataon Comm~ssmn an that certain tract or parcel of land containing approxamately 0 144 acre or 6,253 square feet, together wath amprovements thereon and appurtenances thereto as more parttcularly described an Exhabat "A", attached hereto and made a part hereof by reference (the "Property") SEt~TION 2 The Caty Manager or h~s destgnee ~s hereby authonzed and darected to make an offer for the Property to the owner of the Property, based on just compensataon recommended by an andependent apprmsal prepared at the Caty Manager's d~rectaon SECTION 3 That an the event the offer as described an Sectaon 2 as refused by the Owner of the Property, the Caty Attorney or has designee is hereby authorized and darected to file the necessary condemnatmn proceedings or stat and take whatever actaon that may be necessary agaanst the Owner and any other parttes having an anterest an the Property to acqmre fee s~mple t~tle for street purposes m the Property, w~th such fee sample tatle vesting in the State of Texas, acting by and through the Texas Transportataon Commassaon The cost and expense of such acqmsmon shall be prod by the Caty of Denton 6 SECTION 4 If ~t should be subsequently determined that addlt~onal part~es other than those named hereto have an ~nterest m smd property, then m that event, the C~ty Attorney or Ins designee ~S authonzed and d~rected to join smd part~es as Defendants ~n said condemnation SECTION 5 TNs ordtnance shall become effective lmmedmtely upon tts passage and approval PASSED AND APPROVED tins the day of ,2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 7 County Defltoe EXH/Brr 'A' Highway L[~. 77 ~ Page 1 of 1 Pro~ct Uml~ ~ From To ~ Rev September 20, C,SJ 0195-02 Account:., I FIELD NOTES FC~ PARCF. L V~r', ABSTRACT NO 810, CITY OF DENTON n=An'nr~ ,-,,-. ~ '-'-',~ ...... ~..,~,SITUATED INTHENH MESENHE~MER FOLLOWS. ' , ..'~,,,,.,,,, ,..,.,UN3'~, TEXAS, AND BEING MOf~ PARTICULARLY DESCRIBED AS COMMENCING fi3r rereranra at a found ,~8.~nc~ frofl ,'ad at ~e na~east comor of sad Sesse ~act and a~ ~he nor~west corner of a ~'ast of land conveyed to Konnef~ L Davidson and wife. Hele~ L. Da,;~Jafl, reco~ed a VoJume 584, page 326, DRDCT, THENO:: S 36' 42' ,49" W eton- Ihe c~mm , = ,~, ~upeny ;me a~ad ~,a-_~ and Oa,ddson Irac~ a dmtanse of 154 48 feet to a ee~ 5/Sdnch ~rt rod ath an aummum cap for the POINT OF BEGINNING, ese bang a pant an ae new north right of way ~ of U S 77, (1) ITHENCE S 35" 42' 4'q' W, along a I~ axnman to seld Sasso iract and said Dav~n ~L ~ng a ~ 75 f~ a ~en~ k°n md' In ai/a dmtasra of 59 76 fas~ to a I:o~nL berg the aoulhe~t comer ~ sad S.~ ~ ~e ~ ~er of ~ Oavidsen fred, and same ~rng aa ~eexatng nalh f~ght of way ~ne of U & 77, (2) THENCE N 55° 27' 30' W, atang the exi,¶tmg north ngM of way line of U S 77andsouthrmeofsa~dsessa~ctad~stanceof 10Z49 I'eet to a po~nl, being the s~t~t minor of sad $a~o Iract;, (3) THENCE N 35~' 19' 44' E, -~.,.- the we the se~theest ~er of e rail,~ 1 '~" .........- -- ? tract, p g at a ~stance of 35 00 tee{ a round 1/2-m3n rod far . ,,- ,-e~ u~.~ ~ lano ~ascnDed in ".lst~mont to Khros,n3w ,~3deghla~ as recorded in Court Clerk s number RO-0057477, DRDCT, In ail, a tole/dlsi,~.nce of 71 88 feet to a 5'&inch ,'on rod with an aluminum cap set the new no~ r~ght et'way I~ne of U S 77 (4) THENCE S 24~'4T 31" E alo"gthenewn~lh ~gflto~wayllneofUS 77, a d~stanee of 21 16 feeito a set 5/8-~nch iron rod with an atummum rap, (5) THENCE S 58° 11' 36' E, along the new~lorth nghtorwayllne of US 77, a distance of8448 fset to the POINT OF BEGINNING, and conlamng 0144 acre, or 6,253 square fee{ of land, mom or less, of which 3 532 square feet re~de ~n a I~l~cripll~ rfghl of way or U S 77 Surve~=d September, 1999 PBS&J Inc B - - Te~ R~s~a~n ~ 5~ ' ' JD~e Winikates & Winikates Attorneys and Counselors September 1, 1998 Mr Paul Wdhamson City of Denton 221 North Elm Street Denton, Texas 76201 In Re Purchase of property, Denton County, Parcel No 16, US highway 77 from Mane Elizabeth Sasso Dear Mr Wllhamson We have been retained by Ms Mane Ehzabeth Sasso to represent her in connection with her interest in property located at 3800 Elm Street in Denton Please be advised that Ms Sasso declines the $3,019 00 offer that the Ctty made in ~ts letter to her, dated June 15, 1998 Please direct all future correspondence to us Thank you for your consideration tn thts matter Sincerely, Charles J Wm,kates cc Ms Mane Ehzabetb Sa~so Prosper Stat~ Bank Braiding P O Box 249 Fnsco, Tcras 75034-0249 (972) 335-1122 FAX (972) 335-1125 Other Location Prosper State Bank Braiding Prosper, Texas 9 Agenda No_~ ~/~ , Agenda Item ~ ~ AGENDA INFORMATION SHEET ~ate [ O-/~ - D f) AGENDA DATE: October 17, 2000 DEPARTMENT. Engineering & Trans~n CM/DCNFACM: Dave l-hll, 349-8314 -~/',~ SUBJECT Consider an ordmance declanng a pubhc necessity exists and finding that pubhc welfare and convemence reqmres the taking and acqmnng of an approximate 0 103 acre or 4,473 square foot tract or parcel of land m fee s~mple for street purposes such title to be ~n the name of the State of Texas, acting by and through the Texas Transportation Comm~ssmn and smd property being located in the NH Melsenhelmer Survey, Abstract No 810 in the City of Denton, Denton County Texas, authorizing 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, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of constructlng street ~mprovements for U S h~ghway 77, and declaring an effective date BACKGROUND Negotlatwns to acquire the required right of way for U S H~ghway 77 Widening ProJect, parcel 21, from Mr & Mrs Albert B Grubbs (Margaret V Gmbbs) has been unsuccessful The apprmsed offer breaks down as follows, 4,473 sq flx $1 00 equals $4,473 00, plus $1,377 00 for Improvements (concrete drive, fencing and ornamental landscaping) equals the offer of $5,850 00 At the lmtlal meeting in July 1998 Mr Grubbs smd he would take $1 50 per square foot for the right of way After additional telephone conversations and meetings over the next couple of months with Mr & Mrs Grubbs and their daughter, they decided to have an attorney handle the acqmslt~on on their behalf Mr Charles J W]mkates, Sr of Wlmkates & Wlmkates, Frisco, Texas has been retmned by Mr & Mrs Grubbs and several of the other property owners along this project A copy of Mr Charles J Wmlkates, Sr letter, dated September 1, 1998, Is enclosed m the backup Telephone contact with Mr Wlmkates was made to chscuss the right of way acqmsmon and request a meeting to d~scuss a possible settlement for the acqmslt~on Mr Wlmkatee smd he would contact his clients and convey their response Since the lmtlal telephone conversations w~th Mr W~mkates, he has not returned telephone calls and has not provtded any written response to our request We recently contacted the property owner to inform them that Mr Wlmkates has not returned telephone calls about the right of way acqmsxt~0n Mrs Grubbs smd they would contact Mr Wlmkates and request him to contact us We have not received any correspondence or telephone calls to date from Mr Wlmkates OPTIONS 1 Authorize condemnation to acquire 2 Postpone condemnation and continue to pursue negotiations with the property owner and/or owners agent RECOMMENDATION Staff recommends the authorization of condemnation to acquire this parcel We are pressed to complete the right-of-way acqmslt~on for the project ~n the near term and we have not been able to estabhsh any productive dialogue with the owners or their attorney PRIOR ACTION/REVIEW {Counefl~ Boards, Commissions) The Planning & Zoning Commission approved the Right of Way Acqmsltion for U S Highway 77 Wldemng ProJect on July 23, 1997 FISCAL INFORMATION The cost of the condemnation process plus the dollar amotmt of the award MAP Attached Respectfully submitted Prepared by Ehg'ineenng ~ Transportation Paul Wflhamson Right-of-Way Agent 2 ALBERT B. GRUBBS SR. & WIFE, MARGARET V. GRUBBS VOL. PG. 4.4.7.3 S.F. OR 0,10,3 AC. REM.- O.180 AC. ~"-.,. ( SITE MAP Planning and Zoning Minutes .luly 23, 1997 Page :2 MS. $cherlz: Are there any other nomi..~/ons? Ii'there are none, nomi-~lions are closed. ' We will vo~e on th~ nom/nees in the order of their nom~.~fion I will li~ their name and Ithen after I am through if you will raise your fight hand d you are in favor. As many as late in favor of lira Engelbrecht please raise your fight hand. (Vo~e - 3) As m~.¥ as are ,in favor of Ellen $chenz please raise your right h~.d. (Vote - 4) The new Clair person by majority is Ellen ~chenz. Thank you. For the second nom,~ee we will be electing Vice-Ch~;~ person The floor is open. Ms Apple I would l~e io nomt.~ta Bob Powell Ms Schertz Are there an}, flirt, her Mr. Moreno I would nomln~_le lhn Engelbrecht Ms. Scherlz Are there an}, brier nomi-~tions? Seeing none, nomi~.~/ons are closed As inany as are m favor of Bob Powell, please raue }'our right b~.d. (Vote - 4) Seem§ there is a majority, the new Vice-Chair person will be Bob Powell Congramlanons 1II Consider approval of the minules of the luly 9, 1997 ineeung Ms $cher~z, Are there any corrections? Seeing none, the m~u~es will ~d approved as wnnen z~IV. Cgnsider inakmg re¢omm_endalion lo the City Council for the acquLs~Uon of the Way for U S 377 froin F M. :2164 lo 1-35 Mr. Powell That's not 377 but is 77. Ms Scher~z. You are corre¢l, I.el the mmu~s reflect that. Mr, Powell I would inove thai we recommend lo the Clt7 Council the acquisiilon of l~ghl-of-Wa¥ for US 77 froin FM 2164 to 1-35 Ms., G~,.~¢r. Second MS $cherlz Is there any discussion? All in favor, please raise your nghl b~-d Mouon pas"es. (7-0) ' V, Co~sider re.krug recommendar/on to the City Council for the acqu~.slilon of the Right-of- Way for Lakeview Boulevard Mr. l~owell: I move that we m.~ recomwendalion lo the City Council for ~he acquisilfon of ~e P~ght-of-Way for Lakeview Boulevard 5 S \Our Docurncn~s\Ordman¢=~\OO\Grubbs Condemnatmn Ordinance doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUI~ES THE TAKING AND ACQUIR_rNG OF AN APPROXIMATE 0 103 ACRE OR 4,473 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AUTHOR/ZING 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, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDiNGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 21) WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of fee simple title for street purposes, w~th such fee simple title vesting in the State of Texas, acting by and through the Texas Transportation Commission ~n the hereinafter described land for the for U S Highway 77 and that the City of Denton should acquire said property necessary for said purpose at the City's cost and expense, and WHEREAS, the hereinafter described property ts beheved to be owned by Albert B Grubbs and'Margaret V Grubbs ("Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SE(~TION 1 That pubhc necessity exists and public welfare and convenience require the acqmsxt~on of fee simple title for street purposes, with such fee simple title vesting in the State of Texas, acting by and through the Texas Transportation Commission in that certain tract or parcel of land contatmng approximately 0 103 acre or 4,473 square feet, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the "Property") SECTION 2 The City Manager or h~s designee Is hereby authorized and directed to make an offer for the Property to the owner of the Property, based on just compensation recommended by an independent appraisal prepared at the C~ty Manager's direction SECTION 3 That in the event the offer as described in Section 2 ts refused by the Owner of the Property, the City Attorney or his designee ts hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the ,Owner and any other parties having an interest in the Property to acquire fee simple title for street purposes in the Property, with such fee smaple title vesting in the State of Texas, acting by and through the Texas Transportation Commission The cost and expense of such acqulsltlontshall be paad by the City of Denton St~CTION 4 If ~t should be subsequently determined that additional parttes other than those named here~n have an interest m smd property, then m that event, the C~ty Attorney or bas designee ,s authorized and d~rected to Jmn smd part~es as Defendants ~n sa~d condenmat~on SECTION 5 Tbas ordinance shall become effective ~mmed~ately upon ~ts 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 2 7 EXHIBIT "A" County Denton Page 1 of 1 H~ghway U,S. 77 Project Limits From I.H. 35 Rev October 27, 1994 To U.S 380 CSJ 0195-02 Account FIELD NOTES FOR PARCEL 2_[1 BEING A PARCEL Of LAND SITUATED IN A CALLED 0 232-ACRE TRACT OF LAND CONVEYED TO ALBERT B GRUBBS, SR AND WIFE, MARGARET V GRUBBS, RECORDED IN VOLUME 817, PAGE 632, DEED RECORDS OF DENTON COUNTY, TEXAS {DRDCT), AND IN A CALLED 0.228-ACRE TRACT CONVEYED TO ALBERT B GRUBBS, SR AND WIFE, MARGARET V GRUBBS, AS RECORDED IN VOLUME 842, PAGE 977, 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 for reference at a found 1/2*inch iron rod, same being the northwest corner of sa~d 0 232-acre Grubbs tract, and being a point on the east hne of a tract of land conveyed to W H Bottoms, recorded in Volume 409, Page 662, DRDCT; THENCE S 31 o 59' 82" W, along the common property hne of sa~d 0 232-acre Grubbs tract and sa~d Bottoms tract, a d~stance of 109 50 feet to a set B/8-mch iron rod w~th an aluminum cap, being the POINT OF BEGINNING, also being a point on the new north right of way hne of U S 77, (1) THENCE S ES° 11' 36" E, along the new north r~ght of way hne of U S 77, e d~atanca of 143 82 feet to a set B/8-mch Iron rod with an aluminum cap, same being a point on the east hne of sa~d 0 228-acre Grubbs tract and the west line of a 0 220-acre tract of land conveyed to Emory D Groaning, recorded m Volume 898, Page 793, DRDCT, (2} THENCE S 31 o 44' 25" W, along a line commons to sa~d 0 22S-acre Grubbs tract and sa~d Groaning tract, a distance of 31 27 feet to a found 1/2-tach iron rod being the southeast corner of sa~d 0 228-acre Grubbs tract and the southwest corner of said Groaning tract, and sa~d point being on the existing north right of way hne of U S 77, (3) THENCE N 88 o 03' 18" W, along a line common to said Grubbs tract and existing north right of way line of U S 77, a d~stance of 143 98 feet, to a found 1/2-tach ~ron rod being the southwest corner of said 0 232-acre Grubbs tract and the southeast corner of sa~d Bottoms tract, (4) THENCE N 31 o 59' 52" E, along a hne common to sa~d 0 232-acre Grubbs tract and sa~d Bottoms tract, a distance of 30 92 feet to the POINT OF BEGINNING, and containing 0 103 acre, or 4,473 square feet of land, more or lass John F Wilder, R~PLS - > ~ ~, Date Texas No 4285 ~ ~ B Winikates & Wmikates Attorneys and Counselors SE? September 1, 1998 Mr Paul Wflhamson C~ty of Denton 221 North Elm Street Denton, Texas 76201 In Re purchase of property, Denton County, Parcel No 21, US highway 77 from Albert B Grubbs and Margaret V G~ubbs Dear Mr Wflhamson We have been retained by Mr and Mrs Albert B Grubbs to represent them m connection wath their ~nterest m property located at 3700 Elm Street m Denton Please be advised that Mr and Mrs Grubbs dechne the $5,850 00 offer that the C~ty made m ~ts letter to them, dated July 22, 1998 Please direct all future correspondence to us Thank you for your consideration m th~s matter S~ncerely, Charles J Wmtkates cc Mr and Mrs Albert B Grubbs Prosper State Bank Building P O Box 249 Frisco, Texas 75034-0249 (972) 335-1122 FAX (972) 335-1125 Oth~' Lee~t~on Prosper Stete Bank Buddmff Prosper, Texas AGENDA INFORMATION SHEET ~ate___~ AGENDA. DATE: October 17, 2000 DEPARTMENT. Engineering & Transportation CM/DCM/ACM' Dave Hill; 349-8314 SUBJECT Consider an ordinance declanng a public necessity exists and finding that public welfare and convenience reqmres the taking and acqumng of an approximate 0 026 acre or 1,141 square foot tract or parcel of land in fee simple for street purposes such title to be ~n the name of the State of Texas, acting by and through the Texas Transportatmn Commission and smd property being located m the NH Melsenhelmer Survey, Abstract No 810 in the City of Denton, Denton County Texas, and an approximate 0 056 acre or 2,425 square feet public utdlty easement m the name of the City of Denton, Texas being located in N H Me~senhe~mer Survey, Abstract No 810 ~n the City of Denton, Denton County Texas, authorizing the City Manager or h~s designee to make an offer to purchase the property for Its fmr market value and ~f such offer ~s refused, authorizing the City Attorney to ~nstltute the necessary proceedings in condemnation in order to acquire the property necessary for the pubhc purpose of constructing street improvements for U S Highway 77, and declanng an effective date BACKG O_R__Q_~_ Negotiations to acquire the required right of way for U S Highway 77 Wldemng Project, parcel 31, from Ms Gertrude Helen Gibson, Ind~mdually and as Executrix of the Estate of Donald Edwin Gibson has been unsuccessful The apprmsed offer breaks down as follows, 1,141 sq ft x $1 00 equals $1,141 00, plus $1,146 00 for improvements (gravel drive and fencing) equals the offer of $2,287 00 and $1,212 50 for the pubhc utd~ty easement At the ~mtml meeting in September 1998 Ms Gibson said her s~ster was ~n the hospital and that she would talk to children about the acqmsltlon After additional telephone conversations wtth Ms Gibson, she dec~ded to have an attorney handle the acqmsltlon on her behalf She smd Mr Charles J Wlmkates, Sr of Wlmkates & Wlmkates, Frisco, Texas would be negotiating this acqms~t~on for her Telephone contact with Mr W~mkates was made to discuss the right of way acqmslt~on and request a meeting to discuss a possible settlement for the acquisition Mr W~mkates smd he would contact h~s client and convey her response Since the m~tlal telephone conversations with Mr Wlmkates, he has not returned telephone calls and has not provided any written response to our request We recently contacted the property owner to inform her that Mr Wlmkates has not returned telephone calls about the right of way acqms~tlon Ms Gibson said they would contact Mr Wmlkates and request h~m to contact us We have not received any correspondence or telephone calls to date from Mr Wlmkates OPTIONS 1 Authorize condemnatmn to acqmre 2 Postpone condemnation and continue to pursue negotiations w~th the property owner and/or owners agent RECOMMENDATION Staff recommends the authorization of condemnation to acqmre this parcel We are pressed to complete t~e right-of-way acquisition for the project in the near term and we have not been able to establish any productive dialogue with the owners or their attorney PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning & Zomng Commission approved the Raght of Way Acquisition for U S Highway 77 W~denmg Project on July 23, 1997 FISCAL INFORMATION The cost of the condemnation process plus the dollar amount of the award MAP Attached Respectfully submitted J~'ry)Elark, ~rect Engfneenng& Transportation Prepared by Paul Wllhamson Pdght-of-Way Agent NO 8CAL~ ~ SITE LOCATION MAP ,'311 DONALD EDWIN GIBSON & WIFE, GERTRUDE GIBSON VOL. PG. 1141 S.F. OR 0.026 AC. REM.- 0.596 AC. R 2864..79' 05' 22'24" A 268.66' CB $ 55'29'35" E 56' I Scale 1" = 40' I I ~ I SITE MAP III 4 Pl:~n~-g and Zon~-g Mmutea 3'uly 2~, 1997 Page 2 ~. Sche~: ~ ~m ~ o~er nom~,~om? ~ ~ ~ none, nom~n~om ~ dosed. ~We wffi vo~ on [~n after I ~ ~ou~ ~ ~ favor of J~ ~gelb~t plebe ~e yo~ fl~t b~d ~ote - 3) ~ ~y ~ ~e ~ favor of ~en 8che~ plebe ~e yo~ right h~nd. ~o~ - 4) ~c ~w ~ pe~on by ~joS~ ~ ~en ~e~. ~ you. For ~e second nom,~ee we wffi be ~g Vice-Ch~,r pe~on ~e floor ~ open. Ms Apple. I would ~e to nominate Bob Powe~ Ms. Sche~. ~e ~e~ ~y ~er nomln~om? ~. Moreno' I would nomln~te l~ ~ielb~t. Ms. 8che~ ~e ~e~ ~y ~er nomm!~om? Seeing none, nomin~om ~ closed ~ m~y ~ ~e m favor of Bob Power, plebe ~c yo~ n~t ~ere h a majo~v, &e mw Vicc-Ch~ pe~oa w~ be Bob Powell Co~mlauom ~ Comider approval of ~e mm,ltes of ~e Y~y 9, 1997 mee~g Ms 3che~. ~e ~cre ~y co~ectio~? Seeing none, ~e m,~ut~ will ~d approved ~ ~Ren ~. Comider m~g recommendation to ~e Ci~ Co~c~ for ~e acqu~on of ~e ~ght-of- Way for U.S. 377 from F.M. 2164 to 1-35 Mr. Powcll ~t's no~ 377 but ~ 77. Ms Sche~. You ~ co,ct ~t ~e m,nut~ ~flect ~t ~. Powell' I would move ~at we ~ommend to ~c Cl~ Co,cfi ~e ac~oa of ~ght~f-Way for US 77 from Ms, Gan~er Second ~ Sche~ h ~e~ ~y d~c~s~on? ~ m favor, plebe ~e yo~ n~t hnn~ Moron V Comider m~g ~comm~n~On to ~e Ci~ Coati for ae ac~on of ~e ~t~f- Way for ~eview Bo~ev~d ~. 'Power. I move ~t we m~ ~omm~flon to ~e CI~ Co~fl for ~e aeration of ~e ~t~f-Way for ~eview Bo~ev~ ~. ~elb~ 8~o~. 5 S \Our Docum~nts\Ordlnances\OO\G~bson Condemnation Ordmancc doc ORDINANCE NO AN ORDiNANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 026 ACRE OR 1,141 SQUARE FEET TRACT OR PARCEL OF LAND IN?EE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE N H MEISENHEIMER SURVEY,, ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND ANI APPROXIMATE 0 056 ACRE OR 2,425 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN N H MEISENHEIMER SURVEY, ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING 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, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDiNGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 31) WI-tEREAS, tt ts hereby determined that a pubhc necessity exists and that pubhc welfare and convemence hereby reqmre the acqms~tton of the real property title and ~nterests as hereinafter described for U S Highway 77, and WI-~EREAS, the heremafier described property ts beheved to be owned by Gertrude Helen Gib- ' os n, Indlwdually and as Independent Executrix of the Estate of Donald Edwin Gibson (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SE TION 1 That public ~ necessity exists and pubhc welfare and convemence require the acqmsltton' of the following * a fee simple title for street purposes, with such fee stmple title vesting tn the State of Texas, acting by and through the Texas Transportation Commmston tn that certain tract or parcel of ,land contmmng approximately 0 026 or 1,141 square feet acre, together with improvements thereon and appurtenances thereto as more particularly described in Ext~lblt "A", attached hereto and made a part hereof by reference (the "Pdght-of-Way Property"), b a pubhc utility easement in the name of the City of Denton, Texas tn, over and across that certain tract or parcel of land conta~mng apprommately 0 056 acre or 2,425 square feet as more particularly descnbed in Exhibit "B", attached hereto and made a part hereof by reference, to construct, reconstruct, mstall, repair and perpetually malntam public utlhty faclhtxes (the "Utility Easement") 6 The Rlgt~t-of-Way Property and Utfltty Easement are hereinafter collectively called the "Property" SECTION 2 The Ctty Manager or hts demgnee is hereby authorized and dtrected to make an offer for the Property to the owner of the Property, based on just compensation recommended by an tndependent apprmsal prepared at the Ctty Manager's &rectton SECTION 3 That tn the event the offer as described tn Section 2 ts refused by the Owner of the Property, the Ctty Attorney or his destgnee ts hereby authorized and thrected to file the necessary condemnation proceedings or suit and take whatever actton that may be necessary agamst the Owner and any other parttes hav~ng an interest tn the Property to acquire fee stmple tttle for street purposes tn the Pdght of Way Property, wtth such fee stmple tttle vesting m the State of Texas, acting by and through the Texas Transportatton Commtsston and a utthty easement in the name of the City of Denton, Texas ~n the Utfltty Easement property The cost and expense of such acqmsmon shall be pard by the Ctty of Denton SECTION 4 If ~t should be subsequently determmed that adthtlonal parttes other than those named hereto have an interest tn the Property, then ~n that event, the City Attorney or h~s destgnee ts authonzed and dtrected to jom satd part~es as Defendants in said condemnation SECTION 5 This ordinance shall become effecttve immediately upon 1ts passage and approval PASSED AND APPROVED thts the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY BY-- o v ~ ~ Page 2 7 EXHIBIT 'A' County Denton , Highway U.S. 77 Page 1 of 1 Prolect Umlts From I.H. 3~ Rev October 27, 1994 To U.S. 380 csJ. Account: FIELD NOTES FOR PARCEL 31 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED :TO DONALD EDWIN GIBSON AND WIFE, GERTRUDE GIBSON, RECORDED IN VOLUME 524, PAGE 602, DEED RECORDS OF DENTON COUNTY, TF.X~S IDRDCT), 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 for reference at a found fence comer post at the northwest corner of card Gibson Tract and the northeast corner of a 0.688-acre tract of land conveyed to ChIpmg Lee and wzfe, Pay Betty I. se, as recorded Volume 1345, Page 920, DRDCT; THENCE S 01 o 14' 05" W, along the west property I~ne of aa,d Gibson tract and east proper~y line of said Lee tract, a d~stanca of 198 20 feet to a 5/8-inch iron rod w~th an aluminum cap set for the POINT OF BEGINNING, sa~d pomt bemg on the new north right of way llne of U.S. 77 and being on a non-tangent czrcular curve to the left havmg a radius of 2804 79 feet, (1) THENCE southeasterly, along the new right of way line of U.S 77 and sa~d curve to the left. through a delta angle of 03· 05' 33', an arc distance of 151.39 feet, and having a chord which bears S 54" 30' 43' E, a distance of 151.37 feet to a set 5/8-inch iron rod with an aluminum cap, caid I~Omt being on the aas~ line of cald G~bson a-act and west hne of a tract of land conveyed to Boise T Lehman, recorded ,n Volume 1569, Page 845, DRDCT, (2} THENCE S 01 · 04' 56' W, along a Ime common to said G~bson tract and said Lehman tract, a d~stance of 3.80 feet to a found 1/2-ach ~ron rod for the southeast comer of sa~d Gibson tract, same being the southwest comer of said Lehman tract, and ea~d poznt being on the e=sang north nght of way I~na of U.S. 77, {3) THENCE N 58° 32' 05' W, along a line common to sa~d G~bson tract and e~sang north nght of way llne of said U.S. 77, a d~stanca of 144 82 feet to a found 1/2-~nch iron rod for the sou',hwest comer of said Gibson tract, same bemg the southeast corner of ea~d Lee tract, (4) THENCE N 01 o 14' 06' E, along a line common to said Gibson tract and sa~d Lee tract, a d~s~ance of 16~09 feet to the POINT OF BEGINNING, and coctammg 0 026 acre, or 1,141 square feet cf land, more or less #..;'._....... John F Wilder, R P LS. N H Meisenheimer:Survey October' tl lggg Abslrac~ No 811 Job NO 301 99 009 02 Denton County, Texas EXHIBIT ~:3 _ c~ty of Denton U s Hwy 77 16' UTILITY EASEMENT BEING A 0 056-ACRE PARCEL OF LAND, SITUATED 1N THE N H MEISENHEIMER SURVEY ABSTRACT NO 810, DENTON COUNTY, TEXAS, SAID PARCEL BEING A SIXTEEN FOOT WIDE STRIP OF LAND, BEING PART OF A TRACT OF THE LAND DEEDED TO DONALD EDWIN AND GERTRUDE GIBSON, AS RECORDED IN VOLUME 524, PAGE 602 OF THE DEED RECORDS OF DENTON ~COUNTY, TEXAS (DRDCT) SAID 0 056-ACRE PARCEL BEING MORE PARTICULARY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCEING at an aluminum monument stamped "Texas Department of Transportabon" found at the northwest corner of a called 0 080-acre r~ght-of-fight tract, as deeded to the State of Texas, as recorded m Volume 4202, Page 1654, DRDCT, sa~d point being ~n the west hne of called 0 688-acre tract of land as deeded to Charles Terry W~liho~te, as recorded ~n County Clerk F~le No 96-050361, DRDCT, same being the east right-of-way I~ne of Donna Street (60-foot rtght-of-way), THENCE along said State right-of-way tract the following three (3) courses and distances Along a non-tangent curve to the rtght hawng a radius of 2924 79 feet, a delta angle of 02° 48' 30 ', an arc d~stance of 143 35 feet, and having a chord that bears S 54" 13' 28' E, a d~stance of 143 34 fee[ to a aluminum monument stamped "Texas Department of Transpor[abon" found, S 52° 49' 14" E, a d~stance of 19 46 to a po[nl, and Along a curve to the left, hawng a radius of 2804 79, a delta angle of 00° 08' 43", an arc d~stance of 7 11 feet, and hawn9 a chord that bears S 52° 53 35' E, a distance of 7 11 feet to a point, sa~d point being the northeast corner of sa~d State of Texas r~ght-of-way tract, being m the east I~ne of sa~d W~llholte, same being the west line of sa~d G~bson tract and being the POINT OF BEGINNING, THENCE N 01° 14' 06' E, along said common line a d~stance of 19 75 feet to a point, THENCE leaving said common l~ne and crossing sa~d G~bson tract the following two (2) courses and d~stances S 52° 49' 14' E, a d~stance of 4 48 feet to a point, and Along a curve to the left hawng a radius of 2,788 79 feet, a delta angle of 03° 01 31 , an arc d~stance of 147 25 feet, and hawng a chord that bears S 54° 19 59' E, a d~stance of 147 23 feet to a point, said point being m the east I~ne of sa~d G~bson tract, same being the west hne of a tract of land deeded to Paul and Eleanor O Flatt, recorded as Tracl 1, In County Clerk Fde No 98-038388, DRDCT, THENCE S 01° 04' 56' W, along sa~d common I~ne a d~stance of 19 07 feel to a aluminum monument stamped "Texas Department of Transportation" found, sa~d point being ~n the proposed north I~ne r~ght-o[-way hne of Elm Street (also known as U S H~ghwa~/ ///, as per the State Of Texas, State Department of Transportabon, Plan of Proposed R~ght-of-Way for U S Highway 77, m Denton County, Texas, Project No CSJ 0195-02-040, N H Melser~heimerSurvey October 11 1999 Abstracl No 811 Job No 301 99 009 02 Denton County, Texas C~ty of Denton U S Hwy 77 THENCE leawng sa~d common llne and crossing sa~d G~bson tract with sa~d proposed right-of- way line, being ~n a non-tangent curve to the right hawng a radius of 2,804 79 feet, a delta angle of 03° 05' 33", an arc d~stance of 151 39 feet, and having a chord that bears N 54° 30' 43" W, a distance of 151 37 feet to the POINT OF BEGINNING and containing 0 056 acres (2,425 square feet) of land more or less Bas~s of bearing for th~s descnpbon is the north hne of sa~d State of Texas ,ght~of-way tract as recorded ~n Volume 4202, Page 1654, DRDCT ~ANDHU DATE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO 2910 10 , Agenda Item AG] NDA IN]m J ATm SHE] T rlate._.-l : AGENDA DATE: October 17, 2000 DEPARTMENT: Engineering & Transport~t~.on CM/DCM/ACM: Dave Hfll~ 349-8314~)~ SUBJECT Consider an ordmance declaring a p~bhc necessity exists and finding that pubhc welfare and convemence reqmres the taking and acqumng of an approximate 0 055 acre or 2,413 square foot tract or parcel of land m fee s~mple for street purposes such t~tle to be ~n the name of the State of Texas, ac~mg by and through the Texas Transportatmn Commtsmon and smd property being located ~n the N H Me~senhe~mer Survey, Abstract No 810 ~n the C~ty of Denton, Denton County Texas, and an approximate 0 0414 acre or 1,803 square feet l~ubhc utd~ty easement ~n the name of the C~ty of Denton, Texas being located ~n N H Me~senl~e~mer Survey, Abstract No 810 ~n the C~ty of Denton, Denton County Texas, authorizing the C~ty Manager or h~s designee to make an offer to purchase the property for ~ts fmr market value ~nd ~f such offer ~s refused, authorizing the Cxty Attorney to institute the necessary proceedings !n condemnation in order to acqmre the property necessary for the pubhc purpose of constructing street ~mprovements for U S H~ghway 77, and deelanng an effective date BACKGROUND Negotiations to acqmre the reqmred right of way for U S H~ghway 77 W~demng Prelect, parcel 27, from Mr & Mrs Charhe Melvin Cunmngham (Jams Cunnlngham) has been unsuccessful The appr~used offer breaks down as follows, 2,413 sq ftx $1 15 equals $2,775 00, plus $4,075 00 for ~mprovements (concrete drive, fenmng and ornamental landscapmg) equals the offer of $6,850 00 and $520 00 for the pubhc utd~ty easement At the ~mtml meeting ~n May 1999 Mr ,Cunmngham smd he thought the offer was to low H~s oplmon was based on the right of way acqmmt~on was taking half of h~s front yard, the landscaping was worth more and he could not bmld a carport ~n front on the house anymore After add~tmnal telephone conversations w~th Mr & Mrs Curmlngham, they dec~ded to have an attorney handle the acqms~tmn on their behalf Mr Charles J W~mkates, Sr of Wm~kates & W~mkates, Frisco, Texas ha~ been retmned by Mr & Mrs Cunnmgham and several of the other property owners along this project A copy of Mr Charles J W~mkates, Sr letter dated August 31, 1999 ~s enclosed m the backup Telephone contact w~th Mr W~mkates was made to d~scuss the right of way acqms~t~on and request a meeting to chscuss a posmble settlement for the acqulsxt~on Mr W~mkates smd he would contact h~s chents and convey their response S~nce the lmt~al telephone conversations w~th Mr Wm~kates, he has not returned telephone calls and has not provided any written response to our request We recently contacted the property owner to ~nform them that Mr W~mkates has not returned telephone calls about the right of way acqms~t~on Mr Cunnmgham smd he would contact Mr W~mkates and request h~m to contact us We have not received any correspondence or telephone calls to date from Mr W~mkates OPTIONs 1 Authorize condemnation to acqmre 2 Postpone condemnation and continue to pursue negotiations with the property owner and/or owners agent RECOMMENDATION Staff recommends the authorization of condemnation to acqmre this parcel We are pressed to complete the right-of-way acqmslt~on for the project in the near term and we have not been able to estabhsh any productxve dmlogue w~th the owners or their attorney PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planmng & Zomng Commxsslon approved the R~ght of Way Acqms~tlon for U S Highway 77 WMemng ProJect on July 23, 1997 FISCAL INFORMATION The cost of the condemnation process plus the dollar amount of the award MAP Attached Respectfully submitted Je~y~t~lark, D~rector Prepared by Efi-g[neenng 8dTransportatlon Paul Wdllamson Right-of-Way Agent NO SCALE LOCATION MAP 3 t I ~ I ~.. ,' q 5.'h"5'".-5 '~ '" '%':' ';.-' ,.'h..'~. . , ~ .. L"~,'" ~ '.-"~ .............. ,.................~...~.~.~,, .~..~..~.,.~ .~..%.~g~.~.....................~ ,-. ~~~ ~.~. ~.-~... · .'..',. ,:.' ~ .' ..' ..' ..'.." ." .' ..' ." .~"I ~~~~ ' ..'.7'::...' ..' .-' .-' ~~ (TRACT 2) ~/ ~ ~' ~ /) (TRAC3 /'. VOL. P~. ~41~ ~~0.055 AC. ~.- O.~AO. Plsm~t,~g and Zoning Minute~ lilly 2.~, 1997 Pag~ 2 Ma. Schertz: Are there any other nomi,~,tiom? Il'there are none, nomt,~t~o~ are closed. We will vote on the nomh~eas in the order of their nom~,~*~on I vall list theu- name and then after I am through/fyou w/il rase your fight hand if you are in favor. As ma~y as are in favor of lan Engelbrecht pl.ease raise your right hand (Vote - 3 As infavorofFJlen$chertzpleasera~evourri.~.,,._., ,~,_._...... ) ~man. yasare .~ su, u,,.-u. ~,vu~= 'U ine~ewchairper~on by majority Ls F. llen $cherlz Tllank you For the second nomi~.e we will be electing Vice-Chair person The floor is open Ms Apple I would like to nomi,~te Bob Powell Ms $chertz Are there any further nomln~ons? M.r Moreno. I would nom,n~te Sim Engelbrecht Ms. $chertz' Are there any further nominations? Seeing none, nom,n~tions are closed As many as are in favor of Bob Powell, please ra~e your right hand (Vote - 4) Seeing there Ls a majority, the new Vice-Chair person will be Bob Powell Congratulat,ons llI Consider approval of the mln,ltes of the July 9, 1997 meeting Ms $chertz: Are there any corrections? $eemg none, the m,nutes will stand approved as, written z~IV. Consider making recommendation to the City Council for the acclu~sition of the Ihght-of- Way for U S 377 from F.M 2164 to 1-35 Mr. Powell' That's not 377 but Ls 77. Ms. $chertz You are correct Let the minutes reflect that Mr. Powell I would move that we recommend to the City Council the acquLsluon of lhght-of-Way for US 77 from FlVl 2164 to 1-35 Ms G ,a~zer Second Ms $chertz Is there any d~scuss~on~ All m favor, please raise your right hand Mot/on pass~. (7-0) V Con~tder r~hng recommendation to the City Council for the acquisition of the Ih~t-of- Way for Lakevi~w Boulevard Mr. Powell I move tl~t we r~ke recommendation ~o the C~ty Council for the acqu/$ition of the P,/gh£-of-Wa¥ for Lakeview Boulevard .Mr. F,~elbrech~: Second 5 S \Our DocumenLs\Ordmances\OO\Cunmnsham Condemnation Ordinance doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 055 ACRE OR 2,413 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE N H MEISENHEIMER, ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COLrNTY TEXAS AND AN APPROXIMATE 0 0414 ACRE OR 1,803 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN NH MEISENHEIMER SURVEY, ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING 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, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 27) WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convemence hereby require the acqmsmon of the real property t~tle and interests as hereinafter descnbed for U S H~ghway 77, and WHEREAS, the hereinafter described property ~s beheved to be owned Charhe Melwn Cunmngham and Jan~s Cunmngham (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That pubhc necessity exists and pubhc welfare and convemence reqmre the acqmsmon of the following a fee s~mple t~tle for street purposes, w~th such fee s~mple t~tle vesting ~n the State of Texas, acting by and through the Texas Transportation Comm~ssmn ~n that certain tract or parcel of land conta~mng approximately 0 055 or 2,413 square feet acre, together w~th ~mprovements thereon and appurtenances thereto as more particularly described m Exhibit "A', attached hereto and made a part hereof by reference (the "Raght-of-Way Property"), b a pubhc utility easement ~n the name of the C~ty of Denton, Texas ~n, over and across that certain tract or parcel of land containing approximately 0 0414 acre or 1,803 square feet as more particularly described ~n Exhibit "B', attached hereto and made a part hereo£by reference, to construct, reconstruct, ~nstall, repair and perpetually maintain pubhc utility facilities (the "Utility Easement") The R~ght-of-Way Property and Utility Easement are herelnaiter collectively called the "Property"~ 6 SECTION 2 The City Manager or hts designee ts hereby authorized and dtrected to make an Offer for the Property to the owner of the Property, based on just compensatton recommended by an independent appratsal prepared at the Ctty Manager's dtrection SECTION 3 That m the event the offer as described tn Section 2 ts refused by the Owner of the Property, the Ctty Attorney or his designee ts hereby authorized and dtrected to file the necessary condemnatton proceedings or sutt and take whatever actton that may be necessary against the IOwner and any other parttes having an interest tn the Property to acqutre fee simple tttle for stroet purposes m the Rtght of Way Property, wtth such fee stmple title vesttng tn the State of Texas, acting by and through the Texas Transportation Commtssion and a utility easement m the name of the Ctty of Denton, Texas tn the Utility Easement property The cost and expense of such acqutsttton shall be pard by the Ctty of Denton SECTION 4 If tt should be subsequently determtned that addtttonal parties other than those namerl herein have an interest tn the Property, then in that event, the Ctty Attorney or destgnee ts authorized and directed to join said parttes as Defendants In satd condemnatton SECTION 5 Thts ordtnance shall become effecttve tmmediately upon tts passage and approval PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED~..~.S TO LEGAL FORM HE c~ ~PROUJJf,~ITY ATTORNEY Page 2 7 EXHIBIT "A" County Denten Parcel 27 Page 1 of 1 D-lS- Project Um~ts. from LH 35 Revised June 11, 1999 CS,/: 0195-02- to ..U S 380 Account. ,, FIELD NOTES FOR PARCEL 2._Z7 BEiNG A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO CHARLIE MELVIN CUNNINGNAM AND WIFE, JANIS CUNNINGHAM RECORDED IN VOLUME 632, PAGE 217, DEED RECORDS OF DENTON COUNTY, TEXAS {DRDCT), AND BEING SITUATED IN THE N H MEIBENHEIMBR SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND/SEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING st a found 1/2-tach Iron rod for the most westerly corner of smd Cunmngham tract, same being the most the moat southerly corner of the second tract of land conveyed to David A Coggln, Trustee, as recorded in Volume 2614, Page 845, DRDCT, and sa~d point being on the existing north right of way line of R~ney Road, THENCE N 48o11'52. E, along the common property hne of said Cunnlngham tract and smd Coggin tract two, a d~stance of 98 51 feet to a set E/8-1nch ~ron rod with an aluminum cap, on the new south right of way line of U S 77 for the POINT OF BEGINNING, {1) THENCE N 48°11'82~ E, continuing along same common hne, a d~stance of 27 90 feet to a found B/8-~nch iron rod for the most northerly corner of smd Cunmngham tract and the most easterly corner of sa~d Coggin tract, and being on the ex~st~ng south right of way line of U S 77, (2) THENCE S ESe12'48- E , along a hne common to smd Cunmngham tract one and the existing south right of way line of sa~d U S 77, a d~stance of 90 07 feet to a found 1/2- inch iron rod for the most easterly corner of smd Cunmngham, same being the most northerly corner of the first tract of land described ~n the ~nstrument to Dawd A Coggln, Trustee, in the aforementioned Volume 2814, Page 845, (3) THENCE S 48000'85" W, along a hne common to smd Cunnmgham tract and sa~d 'Coggm tract one, a d~stance of 27 91 feet to a set 5/8-~nch ~ron rod'w~th an aluminum icap on the new south right of way hne of U S 77, (4) ,THENCE N 58o11'36, W, along the new south right of way hne of U S 77, a d~stance 'of 90 15 feet to the POINT OF BEGINNING, and containing 0 055 acres of land, or 2,413 square feet of land, more or less B' p L 8" ..... Texas Rbglstratlon No 5255 - / ~ ~ Date ~ FND-2¢$O REV 8 EXHIBIT "B" FIELD NOTES BEING ~A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO C~A~L~E MELVIN CUNNINGHAM AND WIFE, J~NIS CUNNINGHAM RECORDED IN VOLU~4E 632, PAGE 217, DEED RECORDS OF DENTON COUNTY, TEX~S (DRDCT), AND BEING SITUATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICI/LARLY DESCRIBED AS FOLLOWS COMMENCING at the southwest corner of saad Cunnangham tract and the southeast corner of a tract conveyed to Davad A Coggan, Trustee, tract two, recorded an Volume 2614, Page 845, ~PRDCT, and saad point beang on the exastang north raght of way lane of Raney Road, THENCE N 48° 11' 52" E, along a lane common to saad Cunnangham tract and sazd Coggan tract two, a dastance of 98 51 feet to the POINT OF BEGINNING, saad poznt beang an the new south raght of way lane of U S 77, THENCE S 58° 11' 36" E, along the new south raght of way lane of U S 77, a dastance of 90 15 feet to a point on the east lane of saad CUnnangham tract, and the west lane of saad Coggzn tract one, THENCE S 48° 00' 55" W, along a lane common to said Cunnangham tract and sazd Coggzn tract one, a dastance of 20 83 feet to a poant for a corner, THENCE N 58° 11' 36" W, 20 feet south of and parallel to the new south raght of way lane of U S 77, a dzstance of 90 22 feet to a poznt an the lane common to saad Cunnzngham tract and saad Coggan tract two for a corner, THENCE N 48° 11' 52" E, along saad lane common to sazd Cunnzngham tract and sald Coggan tract two, a dastance of 20 85 feet to the POINT OF BEGINNING, and contaanang 0 0414 acres of land, more or less FROII II[III~ATES ~ ~IIHI~ATE$ PHCIE 110 972335112_= wu~ ~ 1999 iO ~?HII Pi Wi Jkstes & W mkates August 31, 1999 Mr Paul Wflhamson Right of Way Agent City of Denton, Texas Cny Hall West 221 lq Elm DentOn, Texas 76201 VIA. FAX (940) 349-7707 In Ke Charhe Melvin Cunmngham, lams Cunmngham, parcel no 27 U S Highway 77 tn Denton Dear Mr Wflhamson Mr and Mrs Cuunmgham have requested our office to reform you that they dechne your offers regarding their property Please direct all further correspondence regarding this matter to our office Thank you for your attention to th~s matter Sincerely, Cc Charhe Melvin Cunmngham and Jams Cunmnghara 3501 N Elm Denton, Texas 76207 Ptoq~8~at~Ba~k~xfl~ha~g PO Bo~t249 Fri.~-o, T, axa~ 750~,-4)7A9 (9'72)33~-1122 FAX(972)33~.II25 ~0 ' Agenda Item ~/'~ AGENDA INFORMATION SHEET Date /D '/~" ~C) AGENDAI DATE: October 17, 2000 DEPARTMENT: Engineering & Trans~n CM/DCM~ACM: Dave ..Il: 349-8314 SUBJECT Constrict an ordinance declanng a public necessity extsts and £mdmg that public welfare and convenience requires the taking and acqmrlng of an approxtmate 0 421 acre or 18,331 square foot tract or parcel of land in fee simple for street purposes such t~tle to be m the name of the State of Texas, acting by and through the Texas Transportation Commission and sand property being located m the B B B & C R R Survey, Abstract No 186 m the Ctty &Denton, Denton County Texas, and an approximate 0 1717 acre or 7,479 square feet pubhc ut~hty easement m the name &the City of Denton, Texas being located m B 13 B & C R R Survey, Abstract No 186 m the City of Denton, Denton County Texas, authorizing the C~ty Manager or h~s designee to make an offer to purchase the property for its fatr market value and ]f such offer ~s refused, authorizing the City Attorney to institute the necessary proceedings ~n condenmat~on m order to acquire the property necessary for the pubhc purpose of constructing street ~mprovements for U S h~ghway 77, and declaring an effective date BACKGROUND Negot~attgns to aeqmre the reqtured right of way for U S H~ghway 77 W~demng Project, parcel 36, from Ms Betty Ruth Davts Jackson and Ms Joyce Davts Brenholtz Bishop have been unsuccessful The appraised offer breaks down as follows, 18,331 sq ftx $1 35 equals $24,747 00 (vacant lot) and $2,524 00 for the pubhc utthty easement A couple of weeks after the unt~alloffer to Ms Jackson and Ms Btshop, Clyde C B~shop, attorney and husband of Ms Btshop responded A copy of his letter dated August 1999 ~s included tn the backup Telephone contact with Mr Btshop was made to discuss the r~ght of way acqms]t~on and request a meeting to dtscuss a possible settlement for the acqmstt~on Mr Bishop sa~d the offer for the easement was acceptable, but the amount for the right of way was unacceptable OPTIONS 1 Authorize condemnation to acqmrc 2 Postpone condemnation and continue to pursue negotiations w~th the property owner and/or owners agent RECOM~IENDATION Staff re¢<~mmends the anthonzatlon o f condemnation to acquire th~s Parcel We are pressed to eomplete~the right-of-way acquisit~on for the project ~n the near term and we have not been able to establish any producttve d~alogue with the owners or their attorney PRIOR ACTION/REVIEW (Council. Boards. Commtssions) The Planning & Zomng Commission approved the R~ght of Way Acquisition for U S H~ghway 77 W~demng Project on July 23, 1997 FISCAL iNFORMATION The cost of the condemnation process plus the dollar amount of the award MAP Attached Respectfully submitted JEtta Pre/~ared by Paul Wflhamson Right-of-Way Agent ~la~/ngandZonmgM/nutes ~uly23, 1997 Page 2 Ms. $chertz: Are there any other nomi-,tions?/./'there are none, nomb~ions are closed. We will vote on the nom/neas/n the order of their nomination. ! will Il.st their llanle and then after I am through if you will rahe your right bn-d ffyou are in favor. As many as are in favor of lan Engelbrecht please raise your right hA-d. otc - in favor of Ellen $che . (V 9) As n~. as t~z please ra~e your right ~And. (Vote - 4~ 'r~ .... ,-~__ ~Y are by majonty is Ellen $che~. Than~ you .- , -,,,. ,,,w ~-natr per, on For the second nominee we will be electing Vice-ChAir person The floor ~s open Ms. Apple I would hlce ~o noml-ate Bob Powell. Ms $chertz Are there any further nominations? Mr. Moreno: I would noml,ate lira F. ngelbrech£ Ms $chenz. Are there any further nomln~_~ons? Seeing none, nominations are closed As many as are m favor of Bob Poweil, please raise your right band (Vote - 4) Seeing there is a major/v, the new Vice-Chau. per~en will be Bob Powell Congratula~,ons Consider approval of the minutes of the Yuly 9, 1997 meeting MS. $chertz. Are there any corrections? Seeing none, the rn~ut~s will stand approved as. written IV. Consider malang recommendation to the City Councd for the acquisition of the Right-of- Way for U.S. 377 from F M. 2164 to 1-35 Mr. Poweil That's not 377 but is 77. Ms. $chertz. You are correct Let the m!nute~ reflect that Mr Poweil: I would move that we recommend to the City Council the acqmslt~on of Right-of-Way for US 77 from FBi 2164 to 1-35 Ms Ganzcr. Second Ms $chertz. Is there any discussion? All m favor, please r/use your right hand Motion passea f7-0) Consider m~klng recommendation to the City Council for the acquisition of the Right-of- Way 'for Lakeview Boulevard Mr. Powell. I move that we make recommendation to the City Council for the acquisition of the Right-of-Way for Lakevlew Boulcvard .Mr. l~,ntlelbrecht: Second. 5 S \Our Docum~n~s\Ord[nances\OOUac~son & Brenholtz Condemnation Ordinance doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 421 ACRE OR 18,331 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXIMATE 0 1717 ACRE OR 7479 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN B B B & C RR SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING 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, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 36) WHEREAS, tt ts hereby determined that a pubhc necesstty exists and that pubhc welfare and convemence hereby reqmre the acqmsttton of the real property role and interests as hemtnafter described for U S Htghway 77, and WHEREAS, the heretna/ter described property ~s believed to be owned by Betty Ruth Davis Jackson and Joyce Davis Brenholtz Bmhop (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That pubhc necessity extsts and pubhc welfare and convenience reqmre the acqmsmon~of the following a fee simple tttle for street purposes, wtth such fee s~mple tttle vesttng tn the State of Texas, acting by and through the Texas Transportatton Commtsston in that certain tract or parcel of land contmnmg approximately 0421 or 18,331 square feet acre, together wtth tmprovements thereon and appurtenances thereto as more parttcularly described tn Exhablt "A", attached hereto and made a part hereof by reference (the "Rtght-of-Way Property"), b a public utility easement m the name of the Ctty of Denton, Texas tn, over and across that certain tract or parcel of land contatmng approxtmately 0 1717 acre or 7,479 square feet as more particularly described in Exhlbtt "B", attached hereto and made a part hereof by reference, to construct, reconstruct, install, repatr and perpetually maintain pubhc utlhty facdmes (the "Utthty Easement") The lhght-of-Way Property and Utd~ty Easement are hereinafter collectively called the "Property" S]~CTION 2 The C~ty Manager or h~s designee ~s hereby authorized and directed to make an ,offer for the Property to the owner of the Property, based on just compensatton recommended by an independent appraisal prepared at the C~ty Manager's d~rectlon SECTION 3 That in the event the offer as described m Section 2 ~s refused by the Owner of the Property, the C~ty Attorney or his designee ~s hereby authorized and d~rected to file the necessary condemnation proceedings or suit and take whatever action that may be necessary agmnst the Owner and any other parties having an xnterest in the Property to acquire fee simple title for street purposes ~n the Right of Way Property, w~th such fee simple t~tle vesting ~n the State of Texas, acting by and through the Texas Transportation Commission and a utthty easement in the name of the Ctty of Denton, Texas in the Utlhty Easement property The cost and expense of such acquisition shall be paid by the C~ty of Denton SECTION 4 If it should be subsequently determined that ad&ttonal part,es other than those named herein have an Interest in the Property, then ~n that event, the C~ty Attorney or bas designee is authorized and directed to join smd pames as Defendants m smd condemnation SECTION 5 This ordinance shall become effecttve ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thru the day of ,2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM BY ~" '// / ~ Page 2 7 ' EXHIBIT "A" County Denton Page 1 of 1 H~ghway U.S. 77 Project L~m~ts From I H. 35 Rev December 19, 1994 To U.S. 380 csJ Account FIELD NOTES FOR PARCEL 36 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO BE'I-TY RUTH DAVIS JACKSON AND JOYCE DAVIS BRENHOLTZ, RECORDED IN VOLUME 711, PAGE 382, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING A PORTION OF DAVIS TRIANGLE ADDITION, RECORDED IN CABINET J, PAGE 27, MAp RECORDS DENTON COUNTY, TEXAS, AND BEING SITUATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186, 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 the southwest corner of said addmon, THENCE N 00° 51 ' 18" E, along the west line of sa~d Jackson tract and sa~d addition, a d~stanca of 301 98 feet to a set 5/8-~nch Iron rod w~th an alurmnum cap for the POINT OF BEGINNING, same being a point on the new south right of way hne of U S 77 and a point on the east hne of a tract of land conveyed to Roy D Martin, as recorded m Volume 416, Page 215, DRDCT, (I) THENCE N 00° 51' 18" E, along a hne common to sa~d Jackson tract and sa~d Mart~n tract, a d~atancs of 54 06 feet to a point for the norzhwest corner of sa~d Jackson tract, and sa=d point being on the ex~st~ng south right of way I~ne of U S 77, (2) THENCE S 58° 18' 30" E, along a hne common to sa~d Jackson tract and the ex~stmg south right Of way hne of U S 77, a distance of 431 38 feat to a point for the northeast corner of said Jackson tract and said point being on a non-tangent mrcular curve to the right hawng a radius of 510 83 feet, (3) THENCE southwesterly, along the west hne of Windsor Dnve, a r~ght of way deeded to the C~ty of Denton ~n Volume 1181, Page 104, DRDCT, sa~d curve to the r~ght, through a delta angle of 06° 35' 35", an arc distance of 58 78 feet, and having a chord whmh bears S 48° 49' 35" W, a d~stance of 58 75 feet to a set 5/8-~nch ~ron rod w~th an aluminum cap, same being a point on the new south right of way line of U S 77, (4) THENCE N 02° 55' 51" W, along the new south nght of way line of U S 77, a d~stance of 22 89 feet to a set §/8-inch Iron rod with an aluminum cap, being on a non-tangent circular curve to the right having a radius of 3879 72 feet, (5) THENCE northwesterly, along the new south right of way line of U S 77 with sa~d curve to the r~ght, through a delta angle of 04° 05' 04", an arc d~stance of 276 58 feet, and hawng a chord which bears N 60° 14' 09" W, a d~stance of 276 52 feet to a set 5/8-tach ~ron rod w~th an aluminum cap, being a point of tangency, (6) THENCE N 58 o 11' 37" W, w~th the new south r~ght of way hne of U S 77, a d~stance of 96 99 feet to the POINT OF BEGINNING, and containing 0 421 acre, or 18,331 square feet, more or less, of which 295 square feet reside m _~ 13ubhc ut~hty easement to the C~ty of Denton 8 EXHIBIT "B" FIELD NOTES BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO BETTY RUTH DAVIS JACKSON AND JOYCE DAVIS HRBNHOLTZ, RECORDED IN VOLUME 711, PAGE 382, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEIN~ A PORTION OF THE DAVIS TRIANGLE ADDITION, RECORDED IN CABINET J, PA~R 27, PLAT RECORDS DENTON COUNTY, TEXAS, AND BHIN~ SITUATED IN THE B B B.&C.H R. SURVEY, A~ST~ACT NO. 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BHIN~ MORE PARTICULARLY DESCRIBED AS FOLLOWS; Beginning at a point in the new south right of way line of U.S 77 and & line common to said Jackson and Brenholtz tract (west line) and the Roy D Martin tract (east line) recorded in Volume 416, Page 215 of the DRDCT, same being the west line of said Addition, THENCE S 580 11' 37' E, along the new south right of way line of U.S. ??, a distance of 96.99 feet to the beginning of a curve to the left having & radius of 38?9.72 feet; THENCE Southeasterly, along the new south right of way line of U S. 77 with said curve to the le£t, through a delta angle of 04° 05' 04", an arc die~an~e of 276.58 feet, and a chord of S 60° 14' 09" E a distance 276.52 feet to a point for a oorner~ THENCE S 02° SS' 51" E, alon~ the new south right Of way l~ne of U S. 77, a distance of 22.89 feet ~o a point in the west right of way of Windsor Drive and the begin~ing of a curve to the right having a radius of 510.83 feet; T~RNCE North 63o 47' 24" W, a distance 11 68 feet to a point being 20 feet south of and perpendicular to the new south right of way line of U. S 77 and the beginning of a curve to the right having a radius of 3899 72 feat, THENCE Northwesterly, 20 feet south of and parallel to the new south right of way line of U.S. 77 with said curve to the right, through a delta angle of 04° 05' 04", a~ arc distance of 276.58 feet, and a chord of N 50° 14' 09" W a distance 276 52 feet to a point of tangency; THENCE N 58° 11' 36' W, continuing 20 feet south of and parallel to the new south right o~ way line of U S 77, e distance of 85 00 feet a point on the line common to said Jackson and Brenholts tract (west line) and said Martin tract (west line) for a corner~ THENCE N 00° 51' 18" H, along said line common, a distance of 23.32 feet to the POINT OF HH~INNIN~, and containing 0 1717 acres of land, more or less. Al IORNEYAT [ AW 806/78:~-8371 5147 69 FH STREET 8061783-8372 ~05/336-1167 I UBBOCK, TFXAS 79464 505/336-4538 Mr Paul IWllhamson C~ty of Denton City Hall Wast 221 N Elm Denton, TX 76201 RE Purehasa of our Property at U S 77 being 0 421 acres of land out of and a part of tha B B B & C R R Survey, Abst 186 m Denton County, Taxas Daar Mr Wflhamsen, Ms Jack,on and Ms Bishop have rsquested me to raspond to your latter ragardmg the purchase of the abova referenced property After reviewing your Raal Estate Appraisal Report I am confounded by the appraisars conclusion that no damagas would be sustained to the remainder As your racords will reflect a portion of the property was taken by the C~ty of Denton on a prior occasion At that time the C~ty concludad that there was no damage to the remainder It sums that the City wants to take shc~s of the property and each tune d~termme that no damage occurred to the remamder The question ~s how many tames can the property be sheed before the remainder is damaged'~ In my opinion the remamdqr Is damaged The original prol~rty had adequata size to accommodate many Townhousas Now this property's ~ncome capacity has been matcrmlly reduced making it undesirable to commercml developers The City paid the owners $3 00 per square foot for the prior taking It ts our opinion that the City should purchase the enttre pmee of property including the ramamder from my clients at the prmr established value of $3 00 per square foot I intend io be m New Mexmo for a number of weaks and would apprecmta tt ffyou would respond to this offer at the following address Clyde C B~shop PO Box 1225 Alto, NM 88312 Very truly yours, / Clyde C Bishop 10 ' ^Denda Item AGENDA INFORMATION SHEET [late [~ AGEND~DATE. October 17, 2000 DEPARTMENT. Engineering & Transpor~tion CM/DCM/ACM: Dave Hill, 349-8314 "~ t/J~ SUBJECT Consider an ordinance declartng a pubhc necessity exists and finding that pubhc welfare and convemence reqmres the taking and acqmnng of an approximate 0 574 acre or 25,020 square foot tract or parcel of land m fee s~mple for street purposes such tttle to be ~n thc name of the State of Texas, acting by and t~ough the Texas Transportatmn Commission and smd property being located ~n the N H Melsenhe~mer Survey, Abstract No 810 m the Ctty of Denton, Denton County Texas, authorizing the C~ty Manager or h~s designee to make an offer to purchase the property for ~ts fmr market value and ff such offer ~s refused, authonzxng the C~ty Attorney to lnst~tuto the necessary proceedings ~n condemnat~un m order to acqmre the property necessary for the pubhc purpose of constructing street ~mprovements for U S htghway 77, and declanng an effective date BACKGROUND Negottat~ons to acqmre the reqmred right of way for U S H~ghway 77 Wtdemng ProJect, parcel 15, from Mr Khosrow Sadegh~an has been unsuccessful The apprmsed offer for the right of way of $:25,683 00 breaks down as follows, 23,331 sq ft x $1 10 plus $19 00 for prescriptive right of way At the ~mttal meeting m March 2000 Mr Sadegh~an asked for $3 00 per square foot for the right of way The last conversatton w~th Mr Sadeghtan tn September 2000, he said he would settle for (1) $4 00 per square foot (23,331 x $4 00 = $93,324 00) for the right of way, (2) g~ve h~m all that pomon of the right of way for Rmey Road to be closed, & (3) for the c~ty to purchase all of his property (7492 sq fl x $4 00 = $29,968 00) on the east s~de of the proposed Nmosm Drive and then deed ~t back to h~m at no cost OPTIONs 1 Authorize condematlon to acqmre 2 Postpone condemnatton and continue to pursue negottattons w~th the property owner and/or owners agent RECOMMENDATION Staff recommends the authonzatton of condemnatton to acqmre thts parcel We are pressed to complete the right-of-way acqms~t~on for the project tn the near term and we have not been able to estabhsh any productive dmlogue with the owners or thetr attorney PRIOR ACTION/REVIEW (Counefl~ Boards~ Commissions) The Planning & Zomng Commission approved thc Right of Way Acqmsltlon for U S Highway 77 Wldemng Project on July 23, 1997 FISCAL INFORMATION The cost of the condemnation process plus the dollar amount of the award MAP Attached Respectfully submitted Je~a/y ~lark, Director Prepared by En~eenng & Transportation Paul Wllhamson Right-of-Way Agent SITE MAP I 4 I Pl.~h~qg mid Zom~g Minutes 3uly 23, 1997 Page 2 M~. Schenz: Are there any other nomln,~tons? If there are none, nom;-,fious are dosed. We will vote on the nom~,~,~.s in file order of their nomination I will list their name and then after I am throu/h if you will raise your n/h£ b~,~d ffyou are in favor. As ms~y as are in favor of .lira Fmgelbrecht please raise your n/hr hand (Vote - :~) As many as arc in favor of Ellen $chenz please raise your tight hA,~d. (Vote - 4) The new Chair person by m,~,ori~ ~ Bilen Schenz. Thank you ]For the second nominee we will be electing Vlce-Ch~,~ person The floor ~ open. Ms. Apple I would like to nom~,~te Bob Powell. Ms. $chenz. Are there any further noml,aions? Mr. Moreno: I would nominate Jun Engelbrech~ Ms Schertz Are there any further nomi,,tzons? Seeing none. nomi,,*lons are closed As many as are m favor of Bob Powell, please roue your nght bs,d (Vote - 4) Seeing there ~s a majority, the new Vice-Chant person will be Bob Powell Congramlanons Ill Consider approval of the m,-u~es of the 3uly 9, 1997 meeting Ms. $charrz Are there any corrections? Seeing none, the m,~utes will stand approved as wntlen. z~IV. Consider making recommendation to the City Couned for the acquisition of the Righl-of- Way for U.S 377 from F M. 2164 m 1-35 Mr Powell That's not 377 but is 77. Ms $chertz. You are correct Let the m,~u~es reflect tha~ Mr. Powell. I would move that we recomm,.nd ~o the City Council the acquisluon of Pught-of-Wa¥ for US 77 from FM 2164 ~o Ms GA.~,¢r Second Ms, Schertz Is there any discussion? All m favor, please rinse your right h~-d Mouon passes (7-0) V Cous~der m~t*ing recommendation ~o the City Counc~l for the acqmsztlon of the Pught-of- Way for lakeview Boulevard. Mr. Powell: I move tha~ we moke recommendation tO the City Council for the acquisition of the Pught-of-Way for Lakeview Boulevard. .Mr. lEngelbrecl~: Second. S \Our IDocur~ents\Ordmances\OO\$adeshlan Condemnation Ordinance doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 574 ACRE OR 25,020 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING 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, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 15) WHEREAS, at is hereby determined that a pubhc necessity exists and that public welfare and convenience hereby require the acquisition of fee simple title for street purposes, with such fee simple title vesting in the State of Texas, acting by and through the Texas Transportation Commission m the heremaiter described land for the for U S Highway 77 and that the City of Denton should acquire said property necessary for smd purpose at the City's cost and expense, and WHEREAS, the hereinafter described property is believed to be owned by Khosrow Sadeghlan ("Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That public necessity exists and public welfare and convenience require the acqu,smon of fee simple title for street purposes, with such fee simple title vesting in the State of Texas, acting by and through the Texas Transportation Commission in that certain tract or parcel of land contaln,ng approximately 0 574 acre or 25,020 square feet, together with Improvements thereon and appurtenances thereto as more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the "Property") SECTION 2 The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the owner of the Property, based on just compensation recormmended by an independent appraisal prepared at the City Manager's direction SECTION 3 That in the event the offer as descnbed in Section 2 is refused by the Owner of the Property, the C,ty Attorney or his designee is hereby authorized and directed to file the necessary condenmatlon proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Property to acquire fee simple title for street purposes in the Property, with such fee simple title vesting in the State of Texas, acting by and through the Texas Transportation Commlsmon The cost and expense of such acquisition shall be paid by the City of Denton SECTION 4 If ~t should be subsequently determined that ad&nonal pames other than those named hereto have an interest in smd property, then m that event, the C~ty Attorney or h~s designee ~s authorized and &rected to jmn sa~d parties as Defendants ~n smd condemnation SECTION' 5 Th~s ordinance shall become effectwe ~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 A~,.ffORNEY Counb/Denton Page ! of 2 N~ginway U.$ 77 Prolectl .m~ls From IH 35 Rev September 20, 19<39 To UB380 CSJ 0195-02 AcoounL FIELD NOTES FCR PARCEL 15 BEING 0 574 ACRES OF LAND SITUATED IN A CALLED 1 237 ACRE TRACT DESCRIBED IN INSTRUMENT TO KHROSROW SADEGHIAN AS RECORDED IN COUNTY CLERK'S NUMBER RO,.0057477, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT~, AND BEING SITUATED IN 'F~E N H MEISENHEIMER SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING ~3r reference at a found 5/8~nch ~mn md a~ the northeast comer of a called 0 529-acre tract of land, conveyed lo Mane F_irzabell~ Basso, recorded [n Volume 2249, Page 600, DRDCT, and at ~he northwesl comer of a tract of land conveyed lo Kenneth L David,son and ~fe Helen L Da~sco, recorded in Volume 584, Page 326, DRDCT, THENCE S 35° 4Z 49' W, along the common proper~ line of sad Basso and Da,~dson ffacts a d~stance of 154 48 feet to a set 5/8-ach iran rod vvtth an alumnum cap on the new co~ righl of way line of U S 77, THENCE N 58° 11' 36' W along the new nor~ Ilghl of way line of U S 77. a distance of 84 48 feet to a set 5/~nch ~ron rod with an a[ummum cap THENCE N 24°47' 31 · W, along the new north right of way Ime of U S 77, a distance of 21 16 feet to a set 5/8-1nch ~ron rod w~th an aluminum cap on the Jme common to sad Basso Ir-act and san Sadeghlan ~act and the POINT OF BEGINNING, (1) THENCE S 35o 19' 44' W, along a line common to sa.fl Sadagh~an iract and said Sasse tract, a thstance of 36 88 feet to a found I/2.~nch ~ron md, same bang a point on the exisbng nm'th right ot way I~ne of U S 77 and on ~he south I~ne of sa~d Sadaghlan ~'act; (2) THENCE N 57° 56'00' W, along thee:~JStlng north right ofwaylthe of U S 77, ad,stance of 42765 feello a found 1/2ach Iron rod ~3r the southwest comer of sad Sadegh~en tracl same being a point on the existing north right of way line of U S 77 and near the c~nter[ine of R~ney Road, (3) THENCE S 88~' 51' 44" E along the nort~ ~ne of said Sadegh~an ~'act a d~stance of 45 53 feet Io a sel PK nail Wllh shiner sad point bang in the new north right of way I~ne of U S 77, (4) THENCES58° 11' 36" E, w~th thenewnorthnghtofwayimeofUS 77 a dlstance of 243 82 feel: to a set 5/8~nch ~ron rod with an aluminum cap (5) THENCEN 88° 24'2§" E,w~ththenewnerthr~ghtofwayl~neofU S 77 a distance of 50 83 feet to a set S/8-1nch iron rod w~th an aluminum cap at the beginning of a c~rculer curve to the left ha~ng a radius of 340 OD feet' (6) THENCE along sa~d curve to the leff wilh the newnerthnghloi~waylme of U S 77 through a central angle of 21o 14 20' an arc drstance of 126 03 feel, and hawng a chord which bears N 14° 27' 20' E a d~stance of 125 31 feet to a PK nail set on the north line of sad Sadeghlen tract, and near the ce~t~ hne of SaKi road County Denton EX}.IIBIT H~hway U S 771 Page 2 of 2 ' Frolect brmis From I,H 35 Ray September 20, 1999 To U.$ 380 CSJ 0195-02 Account FIELD NOTES FCR PARCEL (7) THENCE S88°51'44'E aleegthenorlhilneofsa~d Sadeghmn ~ractandlhenewnerthnghtofwaylmeofU $ 77, a dmz, rice of 80 07 feel to a set PK nad and t~e~ng in a non-tangent arcular curve to the nght hawng a radius of 420 00 feet (8) THENCE w~th the new north nght of way I~ne of U S 77 and a~ong sa,:l c~rve to the nght through a cen~'al angle of 23° 06' 3~", an arc distance of 169 40 feet, and having a chord which bears $14" 5Z 36" W, a ~stanca of 168 26 feet to a set 5/8*tach iron rod w~th ~ aluminum cap, (9) THENCE S 24° 47' 31' E, wl~ Ihe new north dght of wayline of US 77, a d~stance of 28 74 feet to the POINT OF BEGINNING and con~amng 0 574 am'es er 25,n20 square i'eet of land more or less ot wh~tl 1082 square feet reside m the prescnp~ve right of way of R~ney Road Su~eyed Seple~ber, 1999 PBS&J B Gieno Crouch RIPL$ -- Date Texas Reg~s~a~n No 5255 AGENDA INFORMATION SHEET 0ate /~- / ~/'/9/9 ~ AGENDA DATE: October 17, 2000 DEPARTMENT' Engineering & Transportation CM/DCM/ACM: Dave Hi11,349-8314 .'~"'~ SUBJECT Consider adoption of an ordinance approving a real estate contract between the City of Denton and Clyde Milton Martin, relating to the purchase of approximately 0 360 acre of land being located in the B B B & C R. R Survey, Abstract no 186 of Denton County, Texas for the U S Highway 77 Project, with title vesting m the State of Texas, authorizing the expenditure of funds therefor, and providing an effective date BACKGROUND~ The City Council at their June 6, 2000 meeting approved Ordinance No 2000-196 anthonzing a final offer to be made to the property owner, Mr Clyde Milton Martin for parcel 33D U S Highway 77 Project prior to the C~ty Attorney filing condemnation action to acqmre the needed rtght of way Upon further negotiation d~alogue with Mr Martin he has indicated that he would consummate the transaction for the appraised value plus $2,183 00 The fair market value was determined by an independent apprmser and reviewed by a separate appraiser for conformity and as requirad by the Texas Department of Transportation (TXDOT) The Appraiser and Review Apprmser Professional Se~iees Contracts were approved by the C~ty Council in 1997 RECOMMENDATION' Staff recommends approval of the real estate contract between the City of Denton and Clyde M~lton ~artm for the purchase of 0 360 acres of land for r~ght o£way for U S Hwy 77 Widening ProJect PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planmng & Zoning Commission recommended approval on July 23, 1997 FISCAL [INFORMATION The total pace breaks down as follows, 15,695 square feet x $1 25 per square foot for the right of way equals $19,619, plus $2,211 00 for damages to the remainder property, plus $441 00 for fence ~mprovements, plus $2,183 00 as additional consideration equals the total purchase pace of $24,454 00 Closing costs are estimated to be approximately $750 00 MAP Attached Respectfully submitted Jerrff Cl~rk, Dlr~ctor Prepared by EngYaee'nng & Transportation Paul Wdhamson R~ght-of-Way Agent 2 LOCATION MAP 1 559 ACRE GROSS - 0.,560 ACRE TxDOT R-O-W = 1 199 ACRE REMAINDER CITY OF DENTON ENOINEERINO & TRANSPORTATION DEPARTMENT c.~ RIGHT-OF-WAY DIVISION ,J. R. MARTIN 1' "' 100' l'lalmlllg and Zon(ng Minut~ Suly 2~, 1997 P~ge 2 Ms Schertz: Are there an), other nomln=t/ons? Il'there am none, nominations am closed We wall vote on the nomtneas in the order of their nomination I will Iht their n~m_e and then after I am through if you will raise your ngh£ l~nd if you are in favor. As many as ~e~.m.!av_o~Lo,,f_.l'i~l~ .En~elb.recht pi.ease raise.your nght hand. (Vote- 3) As many as are ~ ~,~.v~ u. ,-.uen ~cnertz please raise your nght hand (Vote - 4) The new Chur person by majority Ls F.~len $chenz. T'nank you For the second nominee we will be electing Vice-Cb.~r person The floor ~s open Ms Apple I would like to nomln~te Bob Powell Ms $chertz Are there any further nornln~tlons? Mr Moreno. I would nominate ,Tim Engelbrecht Ms $chertz' Are there any further nommatlons~ Seeing none, norni,~Uons are closed AS many as are m favor of Bob Powell, please raise your nght h.,~d (Vote - 4) Seeing there/s ama. lonty, the new Vice-Chair person wall be Bob Powell Congratulations III Consider approval of the minutes of the ~'uly 9, 1997 meeting Ms Schertz Are there any corrections? Seeing none, the m-~utes will stand approved as 'written z~ IV Consider making recommendauon to the C~ty Courted for the acquismon of the Pught-of- Way for U.$ 377 from F.M 2164 to 1-35 Mr Powell That's not 377 but ~s 77. Ms $chertz You are correct Let the ,'~,nutes reflect that Mr Powell I would move that we recommend to the City Council the acqumt~on of Right-of-Way for US 77 from FM 2164 to 1-35 Ms Gan~er. Second Ms $chertz Is there any discussion~ All m favor, please rase your right hand Motion passes (7-0) V Consider malang recom,~endauon to the City Council for the acquismon of the Right-of- Way for Lakeview Boulevard Mr Powell I move that we make recomr, endat,on to the C~ty Council for the acclmsit~on of the Right-of-Way for Lakev~ew Boulevard .IVlr. Engelbrecht: Second. 5 S \Our Docum~nm\Ordmances\OO\Clyde Marlin Ordinance doc ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CLYDE MILTON MARTIN RELATING TO THE PURCHASE OF APPROXIMATE 0 360 ACRE OF LAND BEING LOCATED 1N THE B B B & C R R SURVEY; ABSTRACT NO 186 OF DENTON COUNTY TEXAS FOR THE U S 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 HEREBY ORDArNS SECTION 1 The City Manager m hereby authorized to execute a Real Estate Contract between the City of Denton and Clyde Milton Martin m substantially the form of the Real Estate Contract which m attached to and made a part of this ordinance for all purposes, for the purchase of approxmaately 0 360 acre of land for the U S H,ghway 77 ProJeCt, with title vesting in the State of Texas SECTION 2 The C~ty Manager is authonzed to make the expenditures as set forth in the attached Keal Estate Contract SECTION 3 This ordinance shall become effecttve 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 BY ~/ 6 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON TH~S CONTRACT OF SALE is made by and between CLYDE MILTON MARTIN (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and ~nterest of Seller ~n 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 ~mprovements, f~xtures, and personal property situated on and attached to the Property, for the consideration and upon and sub]ect 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 w~thin the property described ~n Exhibit "A" Any · mprovements not removed by December 31, 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 sum of $24,013.00. Additional consideration of $441.00 to be pa~d to the Seller for fence =mprovements. The total purchase price shall be $24,454.00 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction 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. DISK5 7 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, et Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a ownerslpolicy commitment (the "Commitment") accompanied by copies of all' recorded documents relating to easements, rights-of-way, etc., ~affecting the Property. Purchaser shall gave Seller written notice on or before the expiration of ten (10} days after Purchaser receives the Comxaitment that the condition of title as set forth in the Commitment is or Ks 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 shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, ~f any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together w~th 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 elxm~nate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposl~ shall be returned by the T~tle Company to Purchaser. Purchaser's failure to give Seller this written not~ce shall be deemed to be Purchaser's acceptance of the survey 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, Disk 5 PAGE 2 8 and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dates 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pendin~ or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. 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 limite~ to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RC~A), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended CLOSING The closing shall be held at the off~ce of Dentex Title Company on or before November 30, 2000, or at such t~tle company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date") CLOSING REQUIREMENTS 1. Seller's Requirements At the closing Seller shall. A. Deliver to State of Texas, acting by and through the Texas Transportation Conun~ s sion a duly executed and acknowledged Deed in the form as attached hereto as Exhibit ~B" conveying good and marketable t~tle to all of Disk 5 PAGE 3 the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the follow~ng~ 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 Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor an the full amount of the purchase price, insuring fee sample 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 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 "Not Yet Due and Payable", and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. Disk 5 PAGE 4 10 2. Purchaser's Requirements Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. 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 an consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller, 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 fa~l to fully and timely perform any of its obligations hereunder or shall fa~l to consun~ate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written not,ce delivered to seller BREACH BY PURCHASER In the event Purchaser should fa~l to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being an default Seller may either enforce specific performance of this Agreement, or terminate th~s Agreement by written notice delivered to purchaser. MISCELLANEOUS I Assignment of Agreement Th~s Agreement may be assigned by Purchaser without the express written consent of Seller 2. Survival of Covenants. Any of the representations, war- rantles, covenants, and agreements of the parties, as well as any rights and benefits of the part,es, 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, D~sk 5 PA~E 5 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 ADDlY. 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, a~ministrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Le~al 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 an any respect, said in- validity, illegality, or unenforceabilaty shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provisaon had never been contained herein. 7. Prior Agreements Superseded. Thas Agreement constatutes the sole and only agreement of the partaes 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 an thas 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 number shall be held to include the plural, and vace versa, unless the context requires otherwase 10. Memorandum of Contract. Upon request of eather party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record 11 Compliance. In accordance with the requarements of the Texas Real Estate License Act, Purchaser as hereby adv=sed that it should be furnished with or obtaan a policy of tatle insurance or Purchaser should have the abstract coverang the Property examined by an attorney of Purchaser's own selectaon 12. Tame Limit. In the event a fully executed copy of thas Agreement has not been returned to Purchaser wath~n ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement Disk 5 PAGE 6 12 upon written notice to Seller. DATED this day of , 2000. SELLER PURCHASER THE CITY OF DENTON, TEXAS CLYDE MILTON MARTIN Michael W. Jez City Manager 215 E. McKinney Denton, Texas 76201 STATE OF TEXAS COUNTY ,OF DENTON This instrument is acknowledged before me, on this __ day of , 2000 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corgorat~on, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the Cxty of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas Disk 5 PAGE 7 STATE OF ~ COUNTY OF ~ .This instrument is acknowIedged before me, on this ~ ~ day of ~c_ib~.%_O~ , 2000__ by CLYDE MILTOM MARTIN ~ OFF[G~A~ SEAL Notary ~blic Disk 5 PAGE EXHIBIT "A° - County Dentor1 Page 1 of 2 P,~roel 33D Highway U.S. 77 Project Um~ts From I,H. 3~ October, 1996 To LL8 380 CSJ plgS.o2. , Account LEGAL LAND DESCRIPTION FOR PARCEL 33D BEING A0 360 ACRE PARCEL OF LAND SITUATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN DENTON COUNTY, TEXAS, AND BEING A PART OF A CAI I ~O 1 559 ACRE TRACT OF LAND CONVEYED TO JERRY RAY MART~N BY INSTRUMENT OF RECORD IN FILE NUMBER 95-R0052281, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS {DRDCT') SAID 0 360 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS' COMMENCING for reference at a 1/2-Inch iron rod found at the most northerly southwest comer of said Jerry Ray Mart~n tract, same bmng the southeast comer of a called 1 559 acre tract conveyed to Tex Morgan Martin by instrUment of record in Volume 3178, page 898 DRDCT, THENCE N 01° 03' 34' E, along the common line between smd Tex Morgan Martin tract and said Jerry Ray Martin tract a distance of 61 ~8 feet to a set 6/8.Inch iron rod with an aluminum disk marked Texas Department of Tmnsportabon ('CXDO'I') for the POINT OF BEGINNING, said polnt being on the new southwesterly nght-of-way hne of U S Highway 77, (1) THENCE N 01 ° 03' 34' E, continuing along said common line, a distance of 63 11 feet to a 1/2-1rich rod found at the northwest comer of said Jerry Ray Mart~n tract, same being In the ex~$tlng southwesterly right-of-way line of U S H~ghway 77, (2) THENCE S 68° 16' 32" E, along the northerly hne of smd Jerry Ray Martin tract and along sa~d nght-of w~y hne, a distance of 290 80 feet to a 1/2-tach iron red found for the northeast comer of said Jerry Ray Martin tract, same being the northwest comer of a called 1 559 acre tract conveyed to R D Martin as evidenced by deed recorded in Volume 3178, page 886 DRDCT, - (3) THENCE S 01° 34' 1T' W, along the common hne between sa~d Jerry Ray Mart~n tract and sa~d R D Mart~n tract, a distance of 63 16 feet to a set 5/8*inch ~ron rod w~th an aluminum disk marked TXDOT for the new southwesterly right of-way hne of U S H~ghway 77, (4) THENCE N 58° 11' 3T' W, along the new southwesterly right-of-way line of U S Highway 77, a distance of 145 38 feet to a set 5/8-inch iron rod w~th an aluminum disk ma~ed T'XDOT ~n the common hne between said Jerry Ray Martin tract and a called 4 acre tract conveyed to Joe W Sherrill and Mary LaJean Shemll by instrument of record In Volume 605, page 464 DRDCT, THENCE ~long sa~d common, hne the follovang 2 courses and d~stances, (5) N 01° 36' 32' E, a distance of 11 7g feet to a fence comer at the northeast comer of ea~d 4 acre tract, (6) N 88° 52' 38' W, a distanca of 19 g6 feet to a set 5/8.inch iron red ~th an aluminum d~sk marked 'r'XDOT m the new southwesterly right-of-way hne of U S Highway 77, 15 ~ EXHIBIT 'A' County Denton Page 2 cf Parcel 33D , D-15- Highway U~S 77 Project Umlts' From I~H~ 3B October, 199~ To U S. 380 C~J O195-02- Account (7) THENCE N 58* 11' 37' W, along the new southwesterly right-of-way I~ne of U S Highway 77, a d~stance of 121 88 feet to the POINT OF BEGINNING, and containing 0 360 acre, 15,695 square feet, more or less, of land area w~thfn these metes and bounds A plat of even survey date herewith accompanies this description SURVEYED ON THE GROUND OCTOBER, 1996 ESPEY HUSTON & ASSOCIATES, INC. O Denms Ouall~=, R P L ~ Date Texas Registration No 4276 Page 1 of 3 Roy. DEED ~ STA~ OF ~ } CO~ OF } ~OW ALL MEN BY T~SE PRESENTS of the County of , , State of Texas, here/nailer referred to as Grantors, whether one or mom, for and m coaslderat~on of the sum of Dollars ($ ) to Grantors afu hand pa. td by the State of Texas, acting by and through the Texas Tramportat~on Comnussxon, receipt of c..h .ts. hereby acknowledged, and for wluch no hen ts retained, e~ther expressed or unphed, have th~ y ooia and by these,presents do Grant, Bargain, Sell and Convey unto the State of Texas aH that certain tract or parcel, of land m County, Texas, more pamcula~ly dozen'bed m lnbtt "A," which ,~ attached hereto and incorporated hereto for any and all purposes S.AVE .and EXCEPT, HOWEVER, ~t ts expressly understood and agreed that G,r, an~ors are retaining Uttc to me followmg ~rnprovcments located on the property d~cnbed m s/ud Exiub~t A,' to wit Grantors,covenant and ague to r~move the above-described improvements from said land by the day of , ,19. , subject, however, to such extensions of tune as may be granted by the State m writing, and if, for any reason, Grantors fail or refuse to r~move same w2thm said t:~riod of time pr~scnbed, then, without any further considerauon, the title to all or any part of such unprovements not so removed shall pass to and vest m the State of Texa.s forever Grantors reserve all of the off, gas and sulphur m and under the land hereto conveyed but wave all rights of regress and egress to the surface thereof for the purpose of explonng, developing, mmmg or clr~lhng for same, however, nothing m this reservation shah affect the title and rights of the State to take and use all other minerals and materials thereon, thereto and thereunder 17 Texas Del~ranent of Trmfpomflofl Prom D-IS-14 Pm~ 2 or3 Roy TO ~ ~ TO HOLD ~e pm~ h~ d~d ~d he~ coflv~yed toge~r ~ ~ ~d fo~ve~ I~d O~to~ do he.by b~d o~dv~, ~ ~, ~c~ton, ~aton, ~c~son ~d ~- si~ to W~tl. .~d Po~er, D~d ~ ~d ~' ,l~r ~o~~s~ es,h~m co.eyed, ~to ~e Stye of Tex~ ~d ~ ~s~ ag~t ev~ ~on w~v~ h~~g or to ~ ~ s~ or ~y p~ ~ ~SS ~OF, ~ ~t h ~e~ted on ~ ~e day of , 19 ACKNOWLEDGMENT THE STATE OF TEXAS, } couz wY oF BF. FOP,.~ M~ the undersigned, a Notaz7 Public, on thia day pe~o,~uy a~peated , Jmown to me (or proved to me on the oazh of , a c~chble vflmess,) to be the pet3on(s) whose name(s) Ls (aze) subscribed to the foregoing lazmn~em and acknowledged to me tha! hdshdthey executed the same for the puqm,~z a0d cuas~deneaon thereto expressed GIVEN UNDER MY' HAND AND SEAL OP O~r~t.'~, thzs da), of' ,19 Homy Pubhc, State of Texas My Conmusnm ~pu~s m the day of ,19, coavoR~,r~ ACKNOWLEDGMENT THE S~ATE OF TE~S, CO~ OF } B~O~ ~ ~ unde~i~ed, a Not~ Pubhc, on ~ ~y ~o~y ~pe~d of , ~o~ to me to ~ w~ ~e act of d~y ~o~ to ~do~ ~e ~e by ~m~ ~olu~ of ~e ~ of ~ of ~ c~on ~d ~ ~/she ~ted O~ ~ MY ~ ~ S~ OF O~ ~s . ~y of ,19.. Naam/Publi~ Sine of Texaf · My Commifatm ~ m the . day of ,19.__ 18 PsS~S~3 R~, 9/91 After recording please return this ~-~trument CERTIFICATE OF RECORDING THE S~FATE OF TEXAS, } counTY OF } AGENDA INFORMATION SHEET Agenda Item ~ ~'.~ Date / o - l .7 - o ,= AGENDA DATE. October 17, 2000 DEPARTMENT Planmng & Development Department CM/DCM/ACM' Dave Hill, 349-8314 SUBJECT - SI-00-021 (DentonHousmgAuthorttyfeewatveO Consider wmwng the fees for Denton Housing Authority for a Zomng Plan, ProJect Plan, Preliminary Plat, and F~nal Plat for proposed development at 1207 and 1213 Wdson Street The 1 8 acre property ~s generally located on the northwest comer of Wilson and Ruddell Streets The property ~s currently zoned SF-7 Office uses for several non-profit agenmes are proposed BACKGROUND Denton Housing Authority (DHA) ~s ~n the process of rezomng and platting 1207 and 1213 Wilson Street from a Single Famdy (SF-7) zomng d~strtct to a Planned Development (PD) zomng district to facilitate offices for several non-profit agencies DHA ~s requesting that the apphcatmn fees assocmted w~th the proposed development be waived (See Attachment 1) The C~ty Council pubhc hearing for the zomng plan ~s also scheduled for October 17, 2000 (See ZP- 00-012, Denton Housing Authority) ~ The appllcat~on fees assocmted w~th each process are hsted below Zomng Plan/Concept Plan $1,500 Project Plan/Detailed Plan $1,500 Prehmmary Plat $ 315 Fmal Plat $ 315 TOTAL $3,630 ~ Although staffbeheves that C~ty Council has the d~scretion to wmve development fees, as has been done ~n the past for different governmental projects, the justfficat~on for the wmver has to be based upon non-d~scnm~natory reasons Section 392 011 of the Local Government Code states that a mtmmlpal housing authority may not transact business or exercise 1ts power until the governing body of the mumclpahty declares by resolution that there ~s a need for the anthonty Therefore, the mty, by resolution, has recogmzed the need for the authority, and wa~wng the fees for the Denton Housing Authority (a non- profit agency) could be considered a umque criterion for wmver approval w~thout changing fee apphcabfl~ty for other non-profit agencies PRIOR ACTION/REVIEW The Concept Plan ~s scheduled for the October 17, 2000 City Council heanng The ProJect Plan, Prehmlnary and Final Plats are tentatively scheduled for the November 8, 2000 Planmng and Zoning heanng RECOMMENDATION Staff doe~ not object to the wmver of the fees If so d~rected, staff will develop fee wmver standards for other non-profit agencies that may apply to avoid these costs OPTIONS 1 Approve as submated 2 Approve with eondmons 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 DHA request Respectfully submitted Director, Planmng and Development Prepared by Assistant Director, Planmng and Development ATTACHMENT 1 D,.aton Housing Authorit, EQUAL HOUSING OPPORTUNITY September 26, 2000 C,ty of Denton Davtd Hill, Assistant Manager for Development Ser,~ce~ 2 ~ 5 E~t Mc~y Dentom Texas 76201 , Dcm ~R On behalf of~e C~ of Denton Ho~mg Authon~, ~ e respect~lly request a wmver of ~1 fees anend~t to o~ appheanon for o~ PreI~ ~d Final Plah Zomg Pl~ anphcanon md ProJeCt Pi~ ~e Ho~mg Au~onU ~s a State Cheered 50~ (c) 3 not- for-profit orgmzauon By ~g smd request, ~t would reduce ~e fi~c~ b~den com- mem~ate ~ rezomns proc:e~gs Yo~ favorable cons~deranon to ~e ahoy: request ~s ~eatly apprecmted ~eh~d F~ E {eeunve D~eetor Secuon 8 -- Phoenix Apartments Ex~st~ng Pecan Place Heritage Oaks 940/382.9638 940/383-1504 940/484-9535 940/383-1506 308 South Ruddell Denton, Texas 76205 940/383-3039 Agenda Item .,~ ~/,._3 Date ({?- (7- o~ AGENDA INFORMATION SHEET AGENDA DATE: October 17th, 2000 DEPARTMI~NT: Planning & Development Department CM/DCM/ACM: Dave Hill, 349-8314 ~ ~ SUBJECT Consider and take action on a request for rehef from the Non-Res~dentml Interim Regulations, Ordznance 2000-69, for a 4 1-acre property located at the southwest comer of Southndge and Interstate 35E The property is m an Office (O) zomng d~strtct A specific use permit to allow remote off-street parking on the s~te is proposed (RN-O0-28, Peterbdt Expansion ProjecO BACKGROUND Ordinance 2000-069, known as the Nonresldentml Interim Regulations, was adopted by C~ty Council on March 2aa, 2000 Thzs ordinance contmns standards w~th which nonresidential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted Ordinance 2000-069 also contmns a separate section that allows apphcants to request rehef from the interim regulations, mclud]ng evaluation criteria to be used by Councd ~ Relief requests a The applicant may petition the City Council for rehef from these interim development regulations by requesting such rehef m wrmng The request for rehef shall be considered by the City Council m conjunction with action on the project plan and development apphcat]on b The City Council shall not mheve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the unposltlOn of the nonresidential development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land c In deciding whether to grant rehef to the applicant, the City Council shall take rote consideration the following (1) whether granting relief from the nonresidential standards contained m these interim development regulations, m the absence of permanent rews~ons to the City's Land Development Code that unplement the prowslons of the comprehenswe plan jeopardizes the City's best interests m preventing such effects, (2) the smtabthty of the proposed nonresidential uses m hght of land uses allowed m the zoning thstncts on property adjacent to the proposed s~te, (3) the Impact of the proposed nonresldentml use on the transportation and other pubhc facilities systems affected by the development, (4) the measures proposed to be taken by the applicant to prevent negatwe anpacts of the proposed use on the surrounding properties, (5) the hkelthood that suffictant rehef will be provided to the applicant following adoption of the City's Development Code, (6) the total expenditures made in connection with the proposed nonresidential development m reliance on prior regulations, including the costs of ~nstalhng infrastructure to serve the project, (7) any fees reasonably paid m connection with the proposed use, and (8) any representations made by the City concerning the project and reasonably relied upon to the detrunent of the applicant d The City Council may take the following actions (1) deny the rehef request, (2) grant the relief request, or (3) grant the relief request subject to conditions consistent with the criteria set forth in this 6 Mimmum relief Any relief granted by the City Courted shall be the minimum dewation from ordinance reqmrements necessary to prevent deprivation of a vested property right OPTIONS Council may either 1 Deny the request for relief, or 2 Grant the request for relief, or 3 Grant the request for relief, subject to condmons consistent with the evaluation criteria set forth in the ordinance (and referenced above) RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application ESTIMATED PROJECT SCHEDULE Review schedules are discussed in the attachments PRIOR ACTION/REVIEW One petition was reviewed on August 15, 2000 1 Bonnie Brae Medical Office Complex - approved One petition was reviewed on June 6, 2000 2 CBS Mechantcal- approved One petition was reviewed on May 2, 2000 3 Mornson Milling - approved Two petitions were reviewed on April 18, 2000 2 1 1013 Shady Oaks - approved 2 Vmtona Square Phase II - approved Three petlttons were reviewed on April 4, 2000 1 Wildwood Inn- approved 2 Cellular One - approved 3 Payne self-storage- denied Three petitions were reviewed on March 21, 2000 4 1508 N Elm (Z-99-083) - approved 5 1513 N Locust (Z-99-084) - approved 6 RNW Addition (Z-00-003) - approved In addition, an additional 18 staff mlttated petitions were granted rehef on March 21, 2000 One petition was reviewed on March 2, 2000 1 Keremne property - approved with conditions FISCAL INFORMATION The petitions are being processed and brought to Council USlllg existing staff resources Several of the petitions clmm financial harm, an issue that may be evaluated by Council ATTACHMENTS 1 Staff repbrt Respectfully submitted Director of Planning & Development ATTACHMENT 1 WAIVER REQUEST STAFF iREPORT Sublect Peterbilt Expansion Project Case Number RN-00-28 Staff Larry Re~chhart BACKGROUND Request Relief from the Non-Res~denbal Intenm Regulations (Ordinance No 00-069) to proceed w~th a specific use permit (SUP)to allow remote off-street parking Location Generally the southwest corner of Southr~dge and Intersate 35E (See Enclosure 1) Zoning Office (O) (See Enclosure 2) Acreage 4 1 acres Platbng The property ~s not platted Comp Plan Consistency The Comprehensive Plan ~denhfles this property to be w~th~n the "Ex~st~ng Neighborhood / Inflll Compatable" D~stnct New development should respond to ex~sbng development w~th compabble land uses, patterns and design standards Staff finds the use consistent w~th the intent of the Comprehensive Plan Background The request for an SUP triggered the ~nter~m regulations because, ~f approved, ~t w~ll alter the zoning map The SUP went to Planning and Zoning on October 11, 2000 and is scheduled for the November 7, 2000 City Council The development, regardless of the action for relief, w~ll have to comply w~th the Landscape Ordinance CONCLUSION Additional Approvals Without Relief W~th Relief SUP Zoning Plan ProJect Plan* Building Permit* Platting Parking lot permit ENCLOSURES 1 Locabon Map 2 Zoning Map 3 SUP S~te Plan ENCLOSURE 1 NORTH Z-00-019 (peterbilt Parking Lot SUP) LOCATION MAP Scale None ENCLOSURE 2 ~ NORTH Z-00-019 (Peterbilt Parking Lot SUP) ZONING MAP Agenda Date: October 11,2000 Scale' None 3 09/25/00 I~0N 1! :!.6 FAX 9403497707 ......... PLANNING ~001 ENCLOSURE 4 INTERIM ORDINANCE RELIEF APPLICATION FORM APPLICATION FOR RELIEF FROM: Non-Re,idenual Intenm Ordmam:e / E~g ~mprehem~e P~ E~ung Zo~g ~~ Proposed Zoning ~~ Gm~s ~e~, , ~ ~ ~ SEE ATTA~D ~LIEF PR~ED~S ~PL1C~T SlGNA~ OF P~OPEK~ O~g OR A~ For Departmental Use Only yof 20 o ~ ~ · · ~PLI~ON DB~L~ IS MO~AY AT lO O0 ~ 5 Any underhned text applies only to the Non-Residential Interim Ordinance All other text applies to both Residential and Non-Residential Interim Ordinances Application Requirements The apphcant may petition the City Counol for rebel from these mtenm development regulations by requesting such relief m writing The r~n.,,~t for ~ehef shall be considered by the Ca.t7 Councd m con~uncnon w~th action on the project plan and development apphcauon. The City Counc,1 shall not reheve the apphcant from these requirements, unless the apphcant fmat presents credible evidence from winch the City Counc,I can reasonably conclude that the trnpostnon of the residenua] density laratanons, non residenual standards or other development standards depnves the apphcant of a vested property nght or depnves the applicant of the econormcally wable use of their land The applicant is requested to submit sufficient reformation addressing the following cntena The applicant will also be responsible in malung their case before City Council In dec~dmg whether to grant rebel to the apphcant, the Gty Counml shall take into the consideration the followmg ['-I Whether granting rebel from the residential density hrmtat~ons, non-residential standards or other development standards contained m these interim development regulauon, tn the absence of permanent revisions to the Caty's Land Development Code that wnplement the prov~sions of the comprehensive plan, leopardszes the City's best interests m preventing such effects, [] The smtab,l~tyof the proposed residentml or non residenual uses tn light of land uses allowed tn the zomng &smcts on property adjacent to the proposed site, i'-I The u-npact of the proposed residential or non residential use on the transportauon and other pubhc famhues systems affected by the development, ~e measures proposed to be taken bythe apphcant to prevent negative unpacts of the proposed use on the neighborhood, [~///The hkehhood that sufficient rebel will be provided to the apphcant following adopuon of the City's Development Code, The total expenditures made tn cormecuon *nth the proposed residential or non-residenual development m rehance on pnor regulauons, including the costs of installing mfrastructore to serve the project, F-I Any fees reasonably paid m cormecuon vath the proposed use, ~1 Any representauons made by the City concerning the project and reasonably rehed upon to the demment of the apphcant The Gty Counml may take the following acttnns (a) denythe rebel request, (b) grant the rebel request, or (c) grant the rehef request subject to conditions cons~srent wsth the criteria set forth m the mterLm development regulations Any rebel granted bythe City Council shall be the rmmmum devmtton from ordinance reqmrements necessary-to prevent depnvauon of a vested property nght SIGNA~3RE certdymg th~at these regulauons have been~ read and understood by the apphcant 6. September 25, 2000 City of Denton City C~uncil Via Planning and Development Department City Hall West 221 N Elm Denton, Texas 76201 MontelLee Mechler AIA PGAL 3131 McKmney Avenue Suite 500 Dallas, TX 75204 RE INTERIM ORDINANCE RELIEF WAIVER REQUEST Dear Sxr or Madam I am wntmg tins letter to petition the City Councd for relief from the mterun development regulations via the Interim Ordinance Rehef Apphcation The project m question Is a parkmg lot m association w~th the expansion of the Peterbilt Motors Company Division Headquarters located at 1700 Woodbnck The parking lot will provide additional parking reqmred facilitating the expansion as well as provldmg a temporary parkmg for the employees during construction The parking lot must be completed prior to the commencement of the expansion construction The property is currently not platted and the mtenm development code would require the project to passmg through the "project plan" phase (6 to 8 weeks) The additional tm~e for the "project plan" phase would be a detriment to the projects schedule The revised drawmg subnutted for the Specific Use Permit already addresses all requirements ensuring that the goals of the Interim Regulations being met by the project design team Please understand that I do not wish to skip necessary steps through the city process But, I do believe that the plalmmg requirements are met with the Specific Use PermR and that the goals of the Interim Regulations will be met, thereby, alleviating the t~me burden on the current project schedule Thank you for your tune and energy regarding tins matter Slnce~'ely and Respectfully Subrmtted, Monte Lee Mechler AIA Project Architect The Office of P~erce Goodwm Alexander & Lmt dle 3131 McKmneyAvenue StateS00 Dal|a~ Texas75204 Tel 214/8800100 Fax 214/8809689 e ~Bnda Item ~L~_ AGENDA INFORMATION SHEET AGENDA DATE. October 17, 2000 DEPARTMENT: Fiscal Operattons ACM Kathy DuBose, Assistant City Manager, Ftscal and Mumc]pal Serv~ces-~ SUBJECT Consider approval of a resolution nomxnatmg members to the Apprmsal Rewew Board of the Denton Central Apprmsal D~stnct, and declanng an effective date BACKGROUND The Appraisal Rewew Board hears all appeals that are presented to the Denton Central Appratsal D~stnct (DCAD) dunng the months of May through July and throughout the rest of the year as appeals are requested Since th~s xs a very t~me consuming process durmg May thorough July, the ]nd~wdual who serves on the board should be avmlable full txme durmg these months Members of the Appraisal Remew Board serve two-year terms Though the Apprmsal Rewew Board members are nominated by taxing junsdmtmns they are appointed by the DCAD Board of Directors Nom~nattons are due to the DCAD by October 31, 2000 The Board of Directors ts scheduled to make thetr selection dunng their November meeting I have attached tnformat~on from the DCAD concemtng the quahficat]ons, appointment and compensation of members of the Appraisal Review Board Also attached ~s a hst of current Apprmsal Rewew Board members and their terms PRIOR ACTION/REVIEW (Council. Boards, Commissions) None FISCAl, INFORMATION None Respectfully submitted D~ana G Orttz Director of F~scal Operations S \Our Documents\Resolut~ons\00\Appramal Review Board doc RBSOLUTION NO A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE WHEREAS, the term of office for various Appramal Review Board members of the Denton Central Apprmsal District will expire on December 31, 2000, and WHEREAS, the City of Denton, Texas wmhes to nominate members to smd Board, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 That the C~ty of Denton, Texas hereby nominates , and as members to the Apprmsal Review Board of the Denton Central Apprmsal Dmmct SECTION 2 That this resolution shall become effective lmmedaately 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 APPRAISAL REVIEW BOARD O~hfic~t~n~ Aooomtment and Comoensatton Who Can Serve? To serve on the ARB, you must have lived m the apprmsal chstnct for at least two years before taking office You don't need any special quahficatlons, but you may not serve on the board if you are In county of more than 100,000, a person m mchgible tftbe person (t) has sc~cd all or part of t~ previous terms, (2) ts a former member of the board of chr~*.tors, officer, or employ~ of the appraisal dlsutct, (~) ~fthe person asrv~d as a member of*~e Soverm~ _b~ct__y or officer of a taxing unit for wluch tho appraisal thsm~t apprms~s property, unul thc 4 anmversary of the date the person ceased to be a member or officer or (4) has ever appearod before thc ARB for compensation You also nuty not sarvc as an ARB member tfyou arc closely related to a person who operates for oompensation as a tax agent or is in the business of appraising property for property tax purposes in the appraisal chstnct. Relatxves barred are those w~th,u the second degree of comang~mity or ,PPimty. Ifyou knowingly vtolate tins provtsion, you commit a ~laas B misdemeanor Tlus provtsmn took effect September 1, 1989, and applies only to ARB members serving terms that began after that date The law also bars from ARB servtce members who contract with the appratsal chstnct or with a taxing nmt m the appraisal chstnct Thc bar apphes tf thc member or a business enttty m which the member has a substanttal interest contracts with thc appraisal chstnct or a taxlng ]m*t that parttclpates m the appraisal dlstnct Ltkcwxsc, thc same taxing umts and thc apprmsal dismct are each prohibited from contracting with an ARB member or a business entry in which an ARB member has a substanual interest Substsntial mtarcst is defined as ,either 1 Combined ownerslup by the member or thc member's spouse of at least 10 percent of the voting stock or shares of thc business 2 Service by the member orthe member's spouse as a parl~er, bm*ted partner or officer m the business enUty You may also not serve if you hold some other paxd pubhc office The Texas Constxmtxon does not allow a person to hold more than one paid pubhc office S B 1017 reqmres the Comptroller to approve curricula, provide matenals and supervise a course fOX'ltrAmmS ,~ members. The ComptroUer shall issue cemficates indicating course completion All ARB members must complete the course or may not pamc:pate m ARB hearings Members serve two-year sta~ered terms, appro~maiely half the member's terms expire each year Terms be~n Jim;,sry 1. The appraisal district directors appoint ARB members by a majonty vote and record their decmon m a resoluuon The ARB receives a $50.001~immum for a half day and $12 50 an hour for any hours worked after the $50 00 minimum The may. iranm pay is capped at $100 00 per day. ARB regular meetings are the third Wednesday of each month at 9 00 A M ARB reappraisal hearings will start on a daily basis, as needed, from late May untd the apprmsal r011 is approved us~_~_slly in late July Meetings will normally be from 9 00 A M to 5'00 P M Effeclive January 1, 1998, ARB's must provide heanng ~mes m the evening altd on a Saturday or Sunday The Board of Directors of the Denton Central Appraisal District is considering you as a possible member of the Appraisal Review Board. The Board oflDirectors will choose five members for a two year term. The selection will be made at the next Board meeting. Would you please answer the following questions and return to the District as soon as possible. Name Address Address Phone Jurisdict~o~ 1. Would you be willing to serve? If so you would need to be available from mid May until the end of July. The Board meets from 9'00 a.m. to 5:00 p.m. until the roll is certified. There will also be meetings periodically throughout the year. 2. Have you ever been an officer or employee of the appraisal district. 3. Have you ever served on the appraisal districts board of directors? 4. Have you ever been a member of the governing body or an officer of a taxing unit for which the appraisal d~strlct appraises property?__If so, has it been the 4~h a~niversary of the date you ceased to be a member or officer? 5. Have you ever appeared before the ARB for compensation? 6. How long have you resided in Denton County~ 7. Occupation 8. Do you have any prior experiences serving on an appraisal review board or any board that has to do with p=operty value? 9. Could you make a decision based on evidence rather than feelings for the taxpayer~ 10. The property tax code requires that all property be valued at 100% of market value. Could you keep th~s in mind throughout the proceedings~ 11. Would you be willing to work nights and weekends if necessary? The Board of Directors wLll notify you of their decision.~ Board of Directors Denton Central Appraisal District AGENDA INFORMATION SHEET AGENDA DATE: October 17, 2000 DEPARTMENT' City Manager's Office CM' Mike Jez, C~ty Manager SUBJECT Consider nominations and appointments to the C~ty's Boards and Comm~ssmns BACKGROUND The following ~s a 11st of current Board/Comm~ssmn vacancies/nominations Council Member Cochran has a nomination to the Pubhc Uttht~es Board (B~II G~ese no longer demres to serve) If you reqmre any further mforrnatmn, please let me know ~ctfully subm~tte.d ~p_ nih fe~Valteis - City Secretary Agenda No I AGENDA INFORMATION SHEET Agenda Item Date AGENDA DATE. October 17th, 2000 DEPARTMENT' Planning & Development Department ACM DavidHdl, 349-8350 l~x~r~p~ SUBJECT Receive a report, hold a dlscusmon, and give staff d~rection regarding the draft Development Code BACKGROUND On September 15, 2000 a work session was held by City Council to review the draft Denton Development Code prior to releasing ~t for pubhc review C~ty Council instructed staff to schedule a rewew of outstanding ~ssues and the draft zomng map, which was held on October 10, 2000 At the October 10, 2000 meeting, Council instructed staff to schedule an additional meeting to discuss outstanding ~ssues Attachment 1 is a copy of a hst prepared by Councfimember Cochran of changes and msues regarchng the Development Code A response has been written for each ~tem, the majority have beea address with changes to the draft Those items that have not been addressed (5, 7, 11, 13, 15 & 18) ~hould be d~scussed by Council to give staff dtrcctlon on changes to the Code PmOR,CTION The process, pohmes, goals and strategies related to the Development Code have received review at previous Council meetmgs and workshops ESTIMATED PROJECT SCHEDULE The project schedule, as drafted, antmtpates adoption of the Development Code by March 2001 FISCAL I INFORMATION In August 1999, the city contracted with Fregonese Calthorpe Assoemtes for $262,575 to include services related to the new development code OPTIONS 1 D~rect staff to move forward w~th the public rewew schedule as proposed 2 D~reet staff to delay the project as scheduled and allow time for further Council rev;ew RECOMMENDATION Staff recommends that Council proceed w~th the pubhc review schedule as pr°p°sed Further reviston and refinement of the draft Development Code ~s antxclpated as addmonal comments are received ATTAC ME~_.~..~. 1 Issue Analysis Director of Planning and Development 2 Attachment 1 Draft Denton Development Code Comments of Mike Cochran Septembqr 17, 2000 I appreciate the massive amounts of work that went into the creation of this draft Denton Development Code In any document this huge in scope there will be a certain amount of tweaking necessary to get into final form I believe it is important for us to take as much time as necessary to fine-tune the new Code before it is released, because when it goes to the public any obvious flaws will undermine the credibility of the entire document We need to anticipate the potential "hot spots" and prepare for them My intent in making these suggestions is to try to look at the regulations from the point of view of the citizens affected and hopefully to help lessen potential criticism of the public version Note These recommendations do not include many of the items I mentioned at our September 15, 2000 meeting Since there seemed to be little controversy on some of my suggestions I have omitted a few of them from this document 1 Pig. 72:35.4.4 - B This section has a subsection 1, a, b, c and no number 2 Can this be moved up to 1, 2, and In item "c" on public services the meamng is unclear "Public services, wtuch include physical and staff capacity, exists sufficient to service the proposed rezomng or special use ' Can you~make ti'us more readable? [ Thts sectton was clarified as follows The proposed rezomng or Special Use fac#ttates the adequate provision of public serwces such as transportation, water, sewer, schools, parks, other publtc requirements for pubhc convem~nce 2 Pg. 138' 35.5 3.4 "Ownership Required" This section is intended to make the point that the individual units should be designed to be lndlvldually owned We cannot require that the occupants be the owner and so the section title should be changed to reflect that Om/fled because the deftmtton of attached stng/o fam#y dwelhng means dwelltngs on their own lot ~ Legally we cannot require ownership, but the Code requires that such umts be developed to be sold as/nd~wdual umts 3 Pg1146' Why is a church allowed by perrmt in DR-1 and by SUP in DR-2? Churches will be permltted ~n any d~$tr~ct See the October 6, 2000 legal memorandum discussing the Re#g~ous Land Use and Institutional Persons Act of 2000 4 Pg. 196. 35 5.8.5 Performance Standards It is important that there be no net loss in performance standards from the old ordinance to the new The trend nationally is for standards to tighten and as density increases in this community we need to be on the cutting edge of this movement Environmental issues will have far reactung economic and social lmphcatlons and we need to be ready to face the future with strong protective measures in place Our old ordinance has Performance Standards (Art 9, Appendix B), 1 Noise 2 Smoke, and Particulate Matter 3 Odorous Matter 4 Fire or Explosive Hazard Material 5 Toxic and Noxious Matter 6 Vibration ! suggest that we reinstate our old performance standards and look at updating them to reflect the heightened senslbthtles of the present The Code w#/ be changed to substitute the ex/sting performance standards 5. Pg. 196' 35.5 6 Since the bulk of our Industrially zoned land is in the Hickory Creek watershed we need to have stronger runoff standards in this area than in other areas By creating a high ratio of impervious surfaces in this area, coupled with the potential for harmful substances there is the posslbihty that we might be doing some harm to our Denton water supply In the Industrial Center-General we permit up to 90% lot coverage One thing we might do Is create lllceFttlVeS for pervious parking areas or onslte detention areas that are more protective than might otherwise be required Th~s should be d~scussed by tho C~ty Council The ESA standards w~l/ apply to all zoning d~stncts Including the industrial areas 6. Pg. 220' 35.7 1.1 C Use of jargon, Euclidian [ Euchd/an was omitted 7 Pg~ 236.. 35 8.1- A. 1 Requiring fences to be constructed so that the attractive side is facing away from the builder's property will not necessarily benefit the community The first person to construct a fence is thus penalized by having to have the structural side facing his own yard In cases of two people deciding to build fences (not jointly), the absurdity will be created of having two attractive sides facing each other between back or side yards Conversely, this provision also requires that the structural side be placed outward on properties adjacent to a public right of way Not only is contrary to the cause of beautification, it could also allow easier access for strangers to climb the fences from the outside I suggest that we allow fence orientation to be left to the good sense of our citizens This should be discussed by the City Counct/ 8. Pg. 242-244:35.8.3 C Maintenance of Buffers I question the need to require the use of automatic irrigation systems in this area This should be performance driven to encourage the use of vegetation that does not require regular watering We should require a degree of protection with plants, fences, etc, and leave it to the property owner to achieve that A provision will bo added for an alternative landscape design to be approved by the Director as long as the design provides for adequate irrlgahon 9. Pg. 266:35.8 9 - D We prol~blt the placement of any mechanical equipment between main structure and a front or side street I question this for side streets If buffered by fence or shrubbery, these are not a problem and might create some logistical ddflculhes for the installers and homeowners The provision will be clarified to allow the placement of mechanical equipment on a stdeyard abutting a side street/f tt there are lot or building constraints from placing tt tn the other sldeyard and the equipment is screened w~th a fence or landscaping 10 Pg. 286:35.9.3 - D Permit fee for an SUP application for group homes is set at $500 For the sake of fairness this should be the same price for any SUP All of the fees have been omitted from the Denton Development Code and moved to the Application Criteria Manual The fees w~ll be umform 11 Pg. 290:3~.9 4 - D Requiring a yearly license renewal is an onerous burden and this period should be lengthened unless we require every license issued by the City to be renewed every year I This should be discussed by the C~ty Councd I 12Pg! 292:35.9.5 We have relegated group homes to "multlfamily d~strlct" but have removed the term multlfamfly from our list of zoning districts I think I understand what th~s is trying to do, but it is confusing The proviston was rewritten to conform to the new zoning class/f~cattons 13.Pg. 302:35.10.2 - D & E License renewal for mobile home park operator seems prejudicial We may not want to encourage more mobile home parks, but having a separate set of license requirements and fees that are different from others in the city is not an effective way to accomplish this and seems petty A $50 fee for a license fee and renewal fee is not truly representative of the costs associated with this and could be construed as punitive or discriminatory Our current code provtdes for Itcens~ng for mobt/e home parks Sec 32-62 to 32 65 The hcense must be renewed each year Thts ordinance was taken from another ctty's ordinance that was approved by the Texas Department of Housing and Commumty Affairs Most Texas c~t/es have a I~censtng requtrement The Ctty Council should d~scuss thts requirement 14Pg. 308:35.10.7 - A Why do we have a different set of requirements for site plans for mobile home parks than for any other development? It seems to me that they should be the same The provtstons wtll be rewritten to conform to the provtstons tn 35 12, Stto Destgn 15.Pg. 352.35.12.2 - D ! beheve,that by requiring site design standards only for lots that are less that 10,000 square feet that we set ourselves up for criticism This is literally a double standard and it could be construed as being discriminatory towards lower income citizens Why not have equal requirements for all developed lots? I The C~ty Counctl should dtscuss th~s 16 Pg. 370:35 12.8- D Metal roof colors rules would prevent traditional galvanized roofs from being used Is the desire to prevent glare really a leglt~mate purpose for this if it is contrary to the rules of energy efficiency? Is there currently a problem with this we are trying to fix or is it merely a hypothetical problem* I Th~s pro¥lston was changed to allow any color ofgalvantzed roofs 17 Pg 404' 35.13 4 - A Parking These regulations are confusing In the apartment categories designations such as d 3-bedroom 6 2 00 spaces/unit and e 4-bedroom and more 1 0 space/unit In these two, the use of the term "unit" is not consistent nor consistent unth the term "dwelling unit" in the dehmt~on, which says it must have a kitchen to be defined as a "unit" If this were followed, a 4-bedroom apartment could have less parking places than a 3 bedroom, The 4-bedroom requirement should read 1 space/bedroom The mu/tt-fam#y parking regulations are being reviewed to insure they are cons/stent 18 Pg. 416:35.13 7 - A B~cycle Parking 1 By requiring bike parking places everywhere except the downtown, we are making some contradictory policy In the densest portton of the community with the greatest potential for bike usage we discourage bike use and do not require parking places for them Yet, these new regulations require that all commercial uses provide bike parking In some cases, such as along the Interstate, ~t ~s a remote possibility that bike parking will ever be necessary 2 Large apartment complexes m "pedestrian un-friendly" zones could be required to provide paved bike parking areas that could be used for green space 3 Middle and high schools do not have as many bike riders as to require a bike parking place for every 20 students 4 The requirements for bike parking place for every 20 students at the universities is not reasonable For UNT we would be requiring parking for 1,000 bikes, which at 18 square feet per place would be 18,000 square feet reserved for bike parking UNT discourages bike ,usage and has a high proportion of commuters These factors make this requirement inappropriate for our real world situation I The City Council should discuss these issues I 19 Pg. 418 35.13 7.3 The requirement for a bike parking space of 3 by 6 feet is unnecessarily large Typically, bike parking racks nestle the bikes in closer than this We should just state the number of spaces required and not dictate bike rack design The nur~ber of spaces required for bike parking will remain tn the Code, the dimensional and design requirements will be tn the criteria manual Optional design standards will be tncluded 20 Pg+ 432:35.14 This section is labeled Environmental Management & Protection What this really means is Natural Areas Management & Protection In my opinion this is confusing when Environmental Management & Protection should also include urbanized areas The section label will be changed 21. Pg. 480.35.16.4 - C By not perrmttmg pool backwash to enter the sanitary sewer system we are encouraging this to go into the streets and then the storm sewer system Often this water has chemicals that might be better dealt with in the samtary sewer system Is there a reason for this requirement? This requirement was ornttted Ordinance To C~ty Council of C~ty Of Denton From Carolyn Ph~lhps, Chair Southeast Denton Neighborhood ^ssoc~at~on RE Proposed Zoning Change by Denton Housing Authority Due to a family emergency ~llness, It ~s not possible for me to be present at the meeting to convey the stance of SEDNA to th~s zomng proposal for zomng change from S~ngle Family to Planned Development at the Corner of W~lson/Ruddell Note the following 1 At p&Z Meeting, (letters of support were predominantly confhcts of ~nterest w~th th~s project Except for 1 response, all m favor were e~ther subsidized by the Denton Housing Authority ~n some manner, or sold property to DHA, or w~sh to dwell m the new off~ce complex Resident support was basically non-ex~stent 2 By it's own admission, there was no Pubhc-lnput neighborhood meeting by the standards of c~ty staff DHA has consistently rehed on group leaders such as Black & H~span~c Chamber of Commerce, and others, that are not residents of SE Denton, and gravitated to the word of a hand-picked few w~th~n the community A neighborhood meeting was requested and granted AFTER the P&Z v~Oted ~n favor of th~s proposal There were approx 45-50 community residents at that meeting, w~th many unanswered quest~'ons to date (Information changed about their ~ntent~ons even again) 3 DHA D~rector seemingly hasn't ~mt~ated formal "comparative" studies to determine the effectiveness of the social services and the feas~13ihty of such services A perfect example of th~s ~s the TWU Cares Program They wrote a letter of support dated for August and ~n September, announced they would be pulhng out due to a lack of clients African Americans h~storlcally complained often dunng TWU Cares tenure, that they d~d not fall under the category for service by the agency often 4 The,COPS Program has operated in Southeast Denton since around 1988 It proposes to office ~n th~s proposed complex However, the largest joke among residents of SE Denton ~s how the gist of the commumty "stopped" participating and attending meetings, and how that program has h~storlcally taken the d~recbon of a very few people that remained ~n the meetings How effective has the COPS Program been to the entire commumty, ~n years past The question is, are momes allocated to help this entire commumty being d~rected according to the enbre commumty'~ Should this be addressed as hawng,been ineffecbve in the past before we can bless a present move 5 Lastly, S~ngle Family Zoning ~s becoming more and more rare ~n SE Denton, as ent~t~es are built, and factors such as one ~nd~v~dual owning 30 houses (s~ngle family) m a s~ngle ed~bon of SE Denton, where residents on (3) streets average 5 resident owned homes, (the rest according to county records) are owned by one man, who also happens to be a Secbon 8 Landlord of the DHA(accord~ng to DHA records) Single! Family Zomng should be left intact as much as possible for preservation of the commumty SEDNA opposes th~s venture by DHA because of the large plan Th~s area ~s succeptable to Commercial and Industrial and other entit~es ~nflltratmg to the point of degredat~on and the demol~bon of the demographics (that affect census, voting ~ssues, and the make-up of the commumty ~n general There are serious m~strusts of th~s move, and serious questions as to the stab~hty of this program, ~t's motives, and ~t's purpose Our pos~t~on ~s that we cannot support a move that doesn't seemingly support ~tself ~n logic or benefit (particularly to the African Amencan Community)