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HomeMy WebLinkAboutNovember 28, 2000 Agenda AGENDA Agenda No CITY OF DENTON CITY COUNCIL Agenda Ite November 28, 2000 Date. After determining that a quorum is present and convening in an Open Meeting, the City Council of the Cityi of Denton, Texas will convene in a Closed Meeting on Tuesday, November 28, 2000 at 5 15 p in the City of Denton Council Work Session Room, Denton City Hall, at 215 East McKinney Texas to consider specific items when these items are listed below under the Closed M TDenton, tmg section of this agenda When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p in , land will convene at the time listed below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below 1 Closed Session [**Before the Denton City Council may deliberate, vote, or take final action on each of the agenda items posted as a competitive matter in a Closed Meeting under the provisions of TEX, GOV'T Code Section 5510850, the City Council must first make a good faith determination, by majority vote of its members, that the particular agenda item is a competitive matter that satisfies the requirements of Section 551 086(b)(3) The vote shall be taken during the Closed Meeting and shall be included in the certified agenda of the Closed Meeting If the City Council fails to determme by a majority vote that the particular agenda items satisfies the requirements of Section 551 086(b)(3), the City Council may not deliberate or take any further action on that agenda item in the Closed Meeting ] A Deliberations Regarding Certain Public Power Utilities Competitive Matters - --Under TEX GOV'T Code Section 551 086 Deliberations Concerning Real Property Under TEX GOV'T CODE Section 551 072 Consultation With Attorney ---Under TEX GOVT CODE Section 551 071 (i) Receive confidential competitive electric utility information from Staff, discuss, deliberate, consider, provide Staff with direction, vote, and take action as necessary respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility systems, including, without limitation the Gibbons Creek generation facility located in Grimes County, Texas, the Spencer generation facility located on Spencer Road in Denton County, Texas, the two hydroelectric facilities located in Denton County, Texas, and other components of the City's electric generation assets Conduct a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorney's duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct B Receive information from Staff, discuss, deliberate, consider, and provide Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of real property City of Denton City Council Agenda November 28, 2000 Page 2 easement interests, comprising six 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 within the F Daugherty Survey, Abstract No 348, in Denton County, Texas, which acquisitions are for a public purpose, (Graveyard Branch Sanitary Sewer Project) C Receive information from Staff, discuss, deliberate, consider, and provide Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of real property being 0 4626 acre of land located in the Hiram Sisco Survey, Abstract No 1184, City of Denton, Denton County, Texas, which acquisition is for a public purpose D Receive information from Staff, discuss, deliberate, consider, and provide Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of real property being 0 2927 acre of land located in the Hiram Sisco Survey, Abstract No 1184, City of Denton, Denton County, Texas, which acquisition is for a public purpose 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 (THE OR TEXAS OPEN MEETINGS BY TEX GOVT TCCODEJ, CLOSED 001, ET MEETING AS AUTHORIZED RESERVES ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF CLOSED THE CLOSED MEETING ON THE THE TEXAS EN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS ACCORDANCE 5071551 86 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the City of Denton City Council on Tuesday, November 28, 2000 at 6 30 p in in the Council Chambers at City Hall, 215 E McKinney Street, Denton, Texas at which the following items will be considered I Pledge of Allegiance A US Flag B Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible " PROCLAMATIONS/PRESENTATIONS 2 Presentation of the American Planning Association - Texas Chapter Planning awards a) Comprehensive Planning Awards - The Denton Plan b) Current Planning Award - Visual Preference Survey City of Denton City Council Agenda November 28, 2000 Page 3 3 Presentation of the Texas Municipal League Excellence Awards C) Communications - Visual Preference Survey d) Public Safety - Victim's Assistance Program 4 Yard of the Month Awards CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration Listed below are bids, purchase orders, contracts, and other items to be approved for payment under the Consent Agenda (Agenda Items 4-24) 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 4- 24 below will be approved with one motion If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration" 5 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of paving, drainage and water distribution system Improvements on Brinker Road, providing for the expenditure of funds therefore, and providing an effective date (Bid 2577 - Brinker Road Paving, Drainage and Water System Improvements awarded to Conaster Construction Inc in the amount of $959,93150) 6 Consider adoption of an ordinance providing for expenditure of funds for emergency purchase of materials, supplies or services in accordance with provision of State Law exempting such purchases from requirements of competitive bidding, and providing an effective date (PO 10775-Darr Equipment Cc , in the amount of $44,211 11) 7 Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Denton County and awarding a contract for the purchase of 3/8" down rock, providing for the expenditure of fiends therefore, and providing an effective date (PO 10778 - Martin Marietta for 3/8" down rock in the amount of $24,963 00) 8 Consider adoption of an ordinance authorizing the execution of a change order to the contract between the City of Denton and Denton Area Teachers Credit Union, providing for the increase in the contract term and an increase in the payment amount, and providing an effective date (Ordinance 98-388 Lease of Office Space for Fire Administration in the amount of $36,000 plus change order 1 in the amount of $18,000 plus change order 2 in the amount of $18,000, change order 3 purchase order 10777 in the amount of $43,300 00) City of Denton City Council Agenda November 28, 2000 Page 4 9 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the lease of a modular office building, providing for the expenditure of funds therefore, and providing an effective date (Bid 2587 - Lease of Modular Building to G E Modular Space in the amount of $35,462 00 for 36 months) 10 Consider adoption of an ordinance accepting providing for the expenditure of funds for purchase of cardiac monitor / defibrillators which are available from only one source in accordance with the provisions of State Law exempting such purchases from requirements of competitive bids, and providing an effective date (PO 10762 to Medtromcs / Physic Control in the amount of $69,616 50) 11 Consider adoption of an ordinance providing for the expenditure of funds for purchase of equipment used in explosive device incidents which are available from only one source in accordance with the provision of State Law exempting such purchases from requirements of competitive bids, and providing an effective date (PO 10771 to Med Engineering System, Inc, in the amount of $15,032 00) 12 Consider adoption of an ordinance amending Ordinance No 2000-049 prescribing the number of positions in each classification of Police Officer, renaming certain positions in the classification of `Battalion Chief' for Firefighters and creating new classifications by deletion and reclassifications, prescribing the number of position in each classification of Firefighter, providing a savings clause, providing a severability clause, and declaring the effective date of October 1, 2000 13 Consider adoption of an ordinance authorizing Assignment Pay for Fire Department employees in the classification of Battalion Chief-Emergency Medical Services Manager, Battalion Chief-Information Services Manager, and Captain- Logistics/Maintenance who are assigned to perform specialized functions on a forty-hour work week in the Fire Department and providing an effective date 14 Consider adoption of an ordinance authorizing assignment pay for Fire Department Employees who are assigned to perform specialized functions of field training officer in the Fire Department, and providing an effective date 15 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an interlocal ambulance agreement between the City of Denton and Denton County for ambulance services, and declaring an effective date 16 Consider adoption of a resolution of the City of Denton, Texas, authorizing the donation of body armor which no longer has value to the City of Denton to North Central Texas College and to the Rotary Club of Denton, and providing an effective date 17 Consider adoption of an ordinance of the City of Denton, Texas approving an agreement between the City of Denton and Denton Country Club, formerly known as the new Denton Country Club, relating to the purchase of a public utility easement, sanitary sewer easements and temporary construction easements in the F Daugherty Survey, Abstract Number 348 and the G Daugherty Survey, Abstract Number 351, Denton County, Texas City of Denton City Council Agenda November 28, 2000 Page 5 and other considerations regarding the pending Graveyard Branch Sanitary Sewer Project, authorizing the expenditure of funds therefore, and providing an effective date 18 Consider adoption of an ordinance approving a real estate contract between the City of Denton and Francille Phillips and Albert Perez, relating to the purchase of 0 4626 acre of land located in the Hiram Sisco 320 acre Survey, Abstract No 1184, for use by the Police Department, authorizing the expenditure of funds therefore, and providing an effective date 19 Consider adoption of an ordinance approving a real estate contract between the City of Denton and Robert H Caldwell, III, Ellen E Caldwell, Laura C Caldwell and James H Caldwell, relating to the purchase of 0 2927 acre of land located in the Hiram Sisco 320 acre Survey, Abstract No 1184, for use by the Police Department, authorizing the expenditure of funds therefore, and providing an effective date 20 Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0 046 acre or 2,009 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, rescinding that certain real estate contract dated October 17, 2000 between the City of Denton and W H Bottoms pertaining to the subject property, declaring an effective date (Parcel 20) 21 Consider adoption of an ordinance amending Chapter 22 "Parks and Recreation" Code of Ordinances, City of Denton, Texas by amending Section 22-1 to change name of board to Parks, Recreation, and Beautification Board, adding to Section 22-4, Code of Ordinance, "Duties" to include that the Board shall have the duty to make recommendations to the City Council and the Parks and Recreation Director regarding policy matters related to community appearance, beautification and the city's environment, adding Section 22-5, providing for the temporary appointment of two additional members to the board with beautification experience, providing a severabilrty clause, and providing for an effective date 22 Consider adoption of an ordinance repealing ordinance No 93-093 in order to dissolve the "Keep Denton Beautiful Board", amending Chapter 2 "Administration" Article VII, "Denton Code of Ordinances", City of Denton, Texas providing that "Keep Denton Beautiful, Inc " is designated as the appropriate agency to implement the "Tree City USA" program, providing a severability clause, providing a savings clause, and providing for an effective date 23 Consider adoption of an ordinance of the City of Denton, Texas amending Sectionsl8- 151 and 18-152 of the Code of Ordinances of the City of Denton, Texas to delegate the authority to enforce parking laws to the University of North Texas Police Department for City of Denton City Council Agenda November 28, 2000 Page 6 the streets and portions of streets named in the Fry Street Small Area Plan as well as all streets or portions of streets previously delegated and listed in this ordinance, authorizing the, City Manager to sign an interlocal agreement between the City of Denton and the University of North Texas for the enforcement of parking regulations by the University of North Texas in the areas described within this ordinance, providing for a serverability clause, providing for a savings clause, and providing for an effective date 24 This item has been pulled from consideration 25 Consider adoption of an ordinance of the City of Denton, Texas providing no parking on the north side of Prairie Street from its intersection with Bonnie Brae east one hundred and eighty feet, providing for a severability clause, providing for a savings clause, providing for a penalty not to exceed two hundred dollars, and providing for an effective date 26 Consider adoption of an ordinance of the City of Denton, Texas changing portions of Cedar, Austin, Pecan, Hickory, Oak, and Elm Streets to one-way traffic to help improve traffic flow on the downtown square, providing a savings clause, providing a severability clause, providing a penalty not to exceed two hundred dollars, and declaring an effective date PUBLIC HEARINGS 27 Hold a public hearing and consider an ordinance amending Chapter 33 of the Code of Ordinances, City of Denton, Texas, amending Signs and Advertising Devices to allow sandwich board signs in the Central Business District and adding the definition and standards for sandwich board signs The Planning and Zoning Commission recommends approval (6-0) with conditions (SI-00-20, Sign Ordinance) 28 Hold a public hearing and consider amending the City of Denton Mobility Plan-Roadway Component, for State School Road Connector ITEMS FOR INDIVIDUAL CONSIDERATION 29 Consider adoption of the first reading of an ordinance to involuntarily annex approximately 1,161 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts Tract #1 - approximately 504 acres of land located in the southwestern side of the City of Denton's extraterritorial jurisdiction west of U S Highway 377, south of Allred and north and south of Johnson Lane Tract #2: approximately 655 acres of land located in the southwestern side of the City of Denton's extraterritorial jurisdiction east of Interstate Highway 35 West and west of the Kansas City Southern Railway Company, extending south along Bonnie Brae approximately 6,400 feet north of intersection of U S Highway 377 City of Denton City Council Agenda November 28, 2000 Page 7 Tract #3• approximately 17 acres of land located northeast of the intersection of Corbin and Bonnie Brae 30 Consider adoption of the first reading of an ordinance to involuntarily annex approximately 1,104 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts Tract #1 approximately 1,100 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction east of U S Highway 377, south of Regency Court on each side of Country Club Road, west of Montecito along Ryan Road and mostly north of Brush Creed Road Tract #2: approximately 3 6 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction west of Montecito, south of El Pasco and east of Santa Monica 31 Consider approval of a resolution approving the Sirius Enterprises Addition Project Plan The 19247 acre property is located on the north side of Mingo Road between Loop 288 and Fish Trap Road on Sinus Drive Light industrial development is proposed (SP00- 104, Sirius Enterprises facility) 32 Consider adopting an ordinance to annex an approximately 37 8 acre tract of land located southeast of the corner of Teasley Lane and Hickory Creek Road in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date Second reading of ordinance (A-100, Forester Tract) 33 An ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law offices of Jim Boyle, PLLC for services pertaining to lobbying activity and legislative matters related to Denton Municipal Utilities for the term of the 77th Texas legislature, authorizing the expenditure of funds therefor, and providing an effective date 34 Consider adoption of a resolution of the City Council of the City of Denton, Texas, supporting the Dallas 2012 Bid Committee in its efforts to secure the 2012 Olympic Games, and declaring an effective date 35 Consider and take action on a request from the Residential Interim Regulations, Ordinance 2000-046, for an approximate 3 4-acre property located at the southwest corner of Ryan Road and Montecito Drive The property is in a Planned Development (PD-22) zoning district A Detailed Plan for duplex apartments for Good Samaritan Village is proposed (RR-00-109, Good Samaritan) 36 New Business A Suggestions from Council Members for items to be placed on upcoming agendas 37 Items from the City Manager City of Denton City Council Agenda November' 28, 2000 Page 8 A Clarification of items on agenda 38 Possible continuation of Closed Meeting under Sections 551071-551086 of the Texas Open Meetings Act 39 Official Action on Closed Meeting Item(s) under Sections 551071-551086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2000 at o'clock (a in ) (p in CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE AGENDA Agenda No CITY OF DENTON CITY COUNCIL Agenda Item November 28, 2000 Date After determining that a quorum is present and convening in an Open Meeting, the City Council of the City of Denton, Texas will convene in a Closed Meeting on Tuesday, November 28, 2000 at 5 15 p in in the City of Denton Council Work Session Room, Denton City Hall, at 215 East McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p in, and will convene at the time listed below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below 1 Closed Session [**Before the Denton City Council may deliberate, vote, or take final action on each of the agenda items posted as a competitive matter in a Closed Meeting under the provisions of TEX, GOV'T Code Section 5510850, the City Council must first make a good faith determination, by majority vote of its members, that the particular agenda item is a competitive matter that satisfies the requirements of Section 551 086(b)(3) The vote shall be taken during the Closed Meeting and shall be included in the certified agenda of the Closed Meeting If the City Council fails to determine by a majority vote that the particular agenda items satisfies the requirements of Section 551 086(b)(3), the City Council may not deliberate or take any further action on that agenda item in the Closed Meeting J A Deliberations Regarding Certain Public Power Utilities Competitive Matters - --Under TEX GOV'T Code Section 551 086 Deliberations Concerning Real Property Under TEX GOV'T CODE Section 551 072 Consultation With Attorney ---Under TEX GOV'T CODE Section 551 071 (i) Receive confidential competitive electric utility information from Staff, discuss, deliberate, consider, provide Staff with direction, vote, and take action as necessary respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility systems, including, without limitation the Gibbons Creek generation facility located in Grimes County, Texas, the Spencer generation facility located on Spencer Road in Denton County, Texas, the two hydroelectric facilities located in Denton County, Texas, and other components of the City's electric generation assets Conduct a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorney's duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct B Receive information from Staff, discuss, deliberate, consider, and provide Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of real property City of Denton City Council Agenda November 28, 2000 Page 2 easement interests, comprising six 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 within the F Daugherty Survey, Abstract No 348, in Denton County, Texas, which acquisitions are for a public purpose, (Graveyard Branch Sanitary Sewer Project) (Hill) C Receive information from Staff, discuss, deliberate, consider, and provide Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of real property being 0 4626 acre of land located in the Hiram Sisco Survey, Abstract No 1184, City of Denton, Denton County, Texas, which acquisition is for a public purpose, (Hill) D Receive information from Staff, discuss, deliberate, consider, and provide Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton of real property being 0 2927 acre of land located in the Hiram Sisco Survey, Abstract No 1184, City of Denton, Denton County, Texas, which acquisition is for a public purpose, (Hill) 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 551086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551071-551086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the City of Denton City Council on Tuesday, November 28, 2000 at 6 30 p in in the Council Chambers at City Hall, 215 E McKinney Street, Denton, Texas at which the following items will be considered 1 Pledge of Allegiance A U S Flag B Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible " PROCLAMATIONS/PRESENTATIONS 2 Presentation of the American Planning Association - Texas Chapter Planning awards a) Comprehensive Planning Awards - The Denton Plan b) Current Planning Award - Visual Preference Survey City of Denton City Council Agenda November 28, 2000 Page 3 3 Presentation of the Texas Municipal League Excellence Awards C) Communications - Visual Preference Survey d) Public Safety - Victim's Assistance Program 4 Yard of the Month Awards CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations The City Co cil has received background information and has had an opportunity to raise questions regarding these items prior to consideration Listed below are bids, purchase orders, contracts, and other items to be approved for payment under the Consent Agenda (Agenda Items 4-24) 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 4- 24 below will be approved with one motion If items are pulled for separate discussion, they will be considered as the first item under "Items for Individual Consideration" 5 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of paving, drainage and water distribution system Improvements on Brinker Road, providing for the expenditure of funds therefore, and providing an effective date (Bid 2577 - Brinker Road Paving, Drainage and Water System Improvements awarded to Conaster Construction Inc in the amount of $959,93150) 6 Consider adoption of an ordinance providing for expenditure of funds for emergency purchase of materials, supplies or services in accordance with provision of State Law exem tmg such purchases from requirements of competitive bidding, and providing an effective date (PO 10775-Darr Equipment Co , in the amount of $44,211 11) 7 Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Denton County and awarding a contract for the purchase of 3/8" down rock, rovidmg for the expenditure of funds therefore, and providing an effective date (PO 1 778 - Martin Marietta for 3/8" down rock in the amount of $24,963 00) 8 Consider adoption of an ordinance authorizing the execution of a change order to the contract between the City of Denton and Denton Area Teachers Credit Union, providing for th increase in the contract term and an increase in the payment amount, and providing an effective date (Ordinance 98-388 Lease of Office Space for Fire Administration in the amount of $36,000 plus change order 1 in the amount of $18,000 plus c ange order 2 in the amount of $18,000, change order 3 purchase order 10777 in the ary ount of $43,300 00) City of Denton City Council Agenda November 28, 2000 Page 4 9 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the lease of a modular office building, providing for the expenditure of funds therefore, and providing an effective date (Bid 2587 - Lease of Modular Building to G E Modular Space in the amount of $35,462 00 for 36 months) 10 Consider adoption of an ordinance accepting providing for the expenditure of funds for purchase of cardiac monitor / defibrillators which are available from only one source in accordance with the provisions of State Law exempting such purchases from requirements of competitive bids, and providing an effective date (PO 10762 to Medtronics / Physio Control in the amount of $69,616 50) 11 Consider adoption of an ordinance providing for the expenditure of funds for purchase of equipment used in explosive device incidents which are available from only one source in accordance with the provision of State Law exempting such purchases from requirements of competitive bids, and providing an effective date (PO 10771 to Med Engineering System, Inc, in the amount of $15,032 00) 12 Consider adoption of an ordinance amending Ordinance No 2000-049 prescribing the number of positions in each classification of Police Officer, renaming certain positions in the classification of `Battalion Chief' for Firefighters and creating new classifications by deletion and reclassifications, prescribing the number of position in each classification of Firefighter, providing a savings clause, providing a severabihty clause, and declaring the effective date of October 1, 2000 13 Consider adoption of an ordinance authorizing Assignment Pay for Fire Department employees in the classification of Battalion Chief-Emergency Medical Services Manager, Battalion Chief-Information Services Manager, and Captain- Logistics/Maintenance who are assigned to perform specialized functions on a forty-hour work week in the Fire Department and providing an effective date 14 Consider adoption of an ordinance authorizing assignment pay for Fire Department Employees who are assigned to perform specialized functions of field training officer in the Fire Department, and providing an effective date 15 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an mterlocal ambulance agreement between the City of Denton and Denton County for ambulance services, and declaring an effective date 16 Consider adoption of a resolution of the City of Denton, Texas, authorizing the donation of body armor which no longer has value to the City of Denton to North Central Texas College and to the Rotary Club of Denton, and providing an effective date 17 Consider adoption of an ordinance of the City of Denton, Texas approving an agreement between the City of Denton and Denton Country Club, formerly known as the new Denton Country Club, relating to the purchase of a public utility easement, sanitary sewer easements and temporary construction easements in the F Daugherty Survey, Abstract Number 348 and the G Daugherty Survey, Abstract Number 351, Denton County, Texas City of Denton City Council Agenda November 28, 2000 Page 5 and other considerations regarding the pending Graveyard Branch Sanitary Sewer Project, authorizing the expenditure of funds therefore, and providing an effective date 18 Consider adoption of an ordinance approving a real estate contract between the City of Denton and Francille Phillips and Albert Perez, relating to the purchase of 0 4626 acre of land located in the Hiram Sisco 320 acre Survey, Abstract No 1184, for use by the Police Department, authorizing the expenditure of funds therefore, and providing an effective date 19 Consider adoption of an ordinance approving a real estate contract between the City of Denton and Robert H Caldwell, III, Ellen E Caldwell, Laura C Caldwell and James H Caldwell, relating to the purchase of 0 2927 acre of land located in the Hiram Srsco 320 acre Survey, Abstract No 1184, for use by the Police Department, authorizing the expenditure of funds therefore, and providing an effective date 20 Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0 046 acre or 2,009 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, rescinding that certain real estate contract dated October 17, 2000 between the City of Denton and W H Bottoms pertaining to the subject property, declaring an effective date (Parcel 20) 21 Consider adoption of an ordinance amending Chapter 22 "Parks and Recreation" Code of Ordinances, City of Denton, Texas by amending Section 22-1 to change name of board to Parks, Recreation, and Beautification Board, adding to Section 22-4, Code of Ordinance, "Duties" to include that the Board shall have the duty to make recommendations to the City Council and the Parks and Recreation Director regarding policy matters related to community appearance, beautification and the city's environment, adding Section 22-5, providing for the temporary appointment of two additional members to the board with beautification experience, providing a severability clause, and providing for an effective date 22 Consider adoption of an ordinance of the City of Denton, Texas amending Sections 18- 151 and 18-152 of the Code of Ordinances of the City of Denton, Texas to delegate the authority to enforce parking laws to the University of North Texas Police Department for the streets and portions of streets names in the Fry Street Small are Plan as well as all streets or portions of streets previously delegated and listed in this ordinance, authorizing the City Manage to sign an mterlocal agreement between the City of Denton and the University of North Texas for the enforcement of parking regulations by the University of North Texas in the areas described within this ordinance, providing for a severability clause, providing for a savings clause, and providing for an effective date City of Denton City Council Agenda November 28, 2000 Page 6 23 Consider adoption of an ordinance of the City of Denton, Texas amending Sectionsl8- 151 and 18-152 of the Code of Ordinances of the City of Denton, Texas to delegate the authority to enforce parking laws to the University of North Texas Police Department for the i streets and portions of streets named in the Fry Street Small Area Plan as well as all streets or portions of streets previously delegated and listed in this ordinance, authorizing the City Manager to sign an interlocal agreement between the City of Denton and the University of North Texas for the enforcement of parking regulations by the University of North Texas in the areas described within this ordinance, providing for a serverability clause, providing for a savings clause, and providing for an effective date 24 Consider and take action on a request from the Residential Interim Regulations, Ordinance 2000-046, for an approximate 3 4-acre property located at the southwest corner of Ryan Road and Montecito Drive The property is in a Planned Development (PD-22) zoning district A Detailed Plan for duplex apartments for Good Samaritan Village is proposed (RR-00-109, Good Samaritan) 25 Consider adoption of an ordinance of the City of Denton, Texas providing no parking on the north side of Prairie Street from its intersection with Bonnie Brae east one hundred and eighty feet, providing for a severabrlity clause, providing for a savings clause, providing for a penalty not to exceed two hundred dollars, and providing for an effective date 26 Consider adoption of an ordinance of the City of Denton, Texas changing portions of Cedar, Austin, Pecan, Hickory, Oak, and Elm Streets to one-way traffic to help improve traffic flow on the downtown square, providing a savings clause, providing a severabrlity clause, providing a penalty not to exceed two hundred dollars, and declaring an effective date PUBLIC HEARINGS 27 Hold a public hearing and consider an ordinance amending Chapter 33 of the Code of Ordinances, City of Denton, Texas, amending Signs and Advertising Devices to allow sandwich board signs in the Central Business District and adding the definition and standards for sandwich board signs The Planning and Zoning Commission recommends approval (6-0) with conditions (SI-00-20, Sign Ordinance) 28 Hold a public hearing and consider amending the City of Denton Mobility Plan-Roadway Component, for State School Road Connector ITEMS FOR INDIVIDUAL CONSIDERATION 29 Consider adoption of the first reading of an ordinance to involuntarily annex approximately 1,161 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts City of Denton City Council Agenda November 28, 2000 Page 7 Tract #l • approximately 504 acres of land located in the southwestern side of the City of Denton's extraterritorial jurisdiction west of U S Highway 377, south of Allred and north and south of Johnson Lane Tract #2 - approximately 655 acres of land located in the southwestern side of the City of Denton's extraterritorial jurisdiction east of Interstate Highway 35 West and west of the Kansas City Southern Railway Company, extending south along Bonnie Brae approximately 6,400 feet north of intersection of U S Highway 377 Tract #3 approximately 17 acres of land located northeast of the intersection of Corbin and Bonnie Brae 30 Consider adoption of the first reading of an ordinance to involuntarily annex approximately 1,104 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts Tract #1: approximately 1,100 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction east of U S Highway 377, south of Regency Court on each side of Country Club Road, west of Montecrto along Ryan Road and mostly north of Brush Creed Road Tract #2. approximately 3 6 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction west of Montecrto, south of El Pasco and east of Santa Monica 31 Consider approval of the City of Denton, Texas approving a nonresidential project plan for Sirius Enterprises facility, being an approximate 1 9247 acre site located on the north side of Mingo Road between Loop 288 and Fish Trap Road on Sirius Drive, and providing for an effective date (SP00-104, Sirius Enterprises facility) 32 Consider adopting an ordinance to annex an approximately 37 8 acre tract of land located southeast of the comer of Teasley Lane and Hickory Creek Road in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severabihty clause and to provide for an effective date Second reading of ordinance (A-100, Forester Tract) 33 An ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law offices of Jim Boyle, PLLC for services pertaining to lobbying activity and legislative matters related to Denton Municipal Utilities for the term of the 77th Texas legislature, authorizing the expenditure of funds therefor, and providing an effective date 34 Consider adoption of a resolution of the City Council of the City of Denton, Texas, supporting the Dallas 2012 Bid Committee in its efforts to secure the 2012 Olympic Games, and declaring an effective date 35 New Business A Suggestions from Council Members for items to be placed on upcoming agendas City of Denton City Council Agenda November'28, 2000 Page 8 36 Items from the City Manager A Clarification of items on agenda 37 Possible continuation of Closed Meeting under Sections 551071-551086 of the Texas Open Meetings Act 38 Official Action on Closed Meeting Item(s) under Sections 551071-551086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2000 at o'clock (ain)(pin CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE Agenda No,._ Agenda lte Date AGENDA INFORMATION SHEET AGENDA DATE: November 28, 2000 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jerry Clark 349-8390 ACM: Kathy DuBose, Fiscal and Municipal Services &yyvt 6 K 0 SUBJECT: An Ordinance accepting competitive bids and awarding a public works contract for the construction of paving, drainage and water distribution system improvements on Brinker Road, providing for the expenditure of funds therefore, and providing an effective date (Bid 2577 - Brinker Road Paving, Drainage and Water System Improvements awarded to Conaster Construction Inc, in the amount of $959,93150) BID INFORMATION: This bid is for the construction of paving and drainage improvements as well as water distribution unprovements along Brinker Road from Colorado Blvd to Walmart Addition The bid includes approximately 2,244 feet of reinforced concrete cylinder pipe for storm sewer, 85 feet of Tx4' box culvert, right of way preparation, unclassified excavation, 18,500 sq yards of 6" cement stabilized subgrade, 17,200 sq yds of 8" concrete pavement, curbs and uilets, 1,350 sq yards of 4' sidewalk, 400 feet of 12" water line and associated activities, materials and supplies RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Conaster Construction Inc, in the amount of $959,93150 PRINCIPAL PLACE OF BUSINESS: Conaster Construction Inc Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT: This construction protect is scheduled for substantial completion in 200 workdays or approximately October 15, 2001 Agenda Information Sheet November 28, 2000 Page 2 FISCAL CiFORMATION- This project will be funded from Street Bond Funds and drainage bond funds Street Bond Account (478-020-STRT-0024-9105 $900,00000 Drainage Bond Account (422-084-BRIN-0008-9105 $ 59,931 50 $959,93150 Respectfully /submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment I Tabulation Sheet 2577 annkerRnndAWn" m o co U) m (j) a a-) O } U ri 6% 06 w ~ o Z ~ rn x U O Z Q F M to C OU U C } O o 05 C W ~9 E) y U) W } z a Y `fl o 0 F M C7 0 (6 2 Z w Z H 0 0. p U co } Z a g r W > LU o O co fH O F co U o u Z a F cn O O Mw O W ui (3) w r W ~ZU O H p co Z c~~ g CY) H = > U ? 0) > Q JQ co Z Z U ZO 46 Q rn W O x Q O_ w z F o z (1) 0 3f to Q Q Z Y w ?z O x J 8 LO O n! w Z 3 n z Z C14. O z _ w o Z XX U O F- C m F C m= O °0 w G a O co w z N W O W Lf) fA Q U n N N C m W Z CO W Z o cn cn O IZ cc im co m O W ~ c a O LO C Y c Z a m m N 2 N ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF PAVING, DRAINAGE AND WATER DISTRIBUTION SYSTEM IMPROVEMENTS ON BRINKER ROAD, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2577 - BRINKER ROAD PAVING, DRAINAGE AND WATER SYSTEM IMPROVEMENTS AWARDED TO CONASTER CONSTRUCTION INC, IN THE AMOUNT OF $959,93150) WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or mmprovements 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 herem described bids are the lowest respondent for the construction of the public works or unprovements described in the bid invitation, and plans and specifications therem, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed bid for the construction of public works or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2577 Conaster Construction Inc $959,93150 SECTION H 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 herem accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the tunely execution of a written contract and famishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or uprovements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of .2000 EULINE BROCY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID 2577 - CONTRACTUAL ORDINANCE Agenda No AGENDA INFORMATION SHEET Agenda Item Date AGENDA DATE: November 28, 2000 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Cary Tower 349-8424 ACM. Kathy DuBose, Fiscal and Municipal Services Q f(~(~/Y1 G ~D SUBJECT: An Ordinance providing for expenditure of funds for emergency purchase of materials, supplies or services in accordance with provision of State Law exempting such purchase from requirements of competitive bidding, and providing an effective date (Purchase Order 10775 - Darr Equipment Co , in the amount of $44,211 11) PURCHASE ORDER INFORMATION: This purchase order is for the repairs to a 1994 Caterpillar 623E Self Loading Scraper utilized by the Landfill Division The repairs include a complete rebuilding of the hydraulic system including pumps and cylinders, repaumg the fuel system, rebuilding the hitch assembly and transportation charges This unit is a critical part of our landfill operation and no backup equipment is currently available Since refuse cover is critical for public health and TNRCC permit compliance the repair was declared an emergency and an estimate to repair was solicited The critical need to return this equipment to service did not permit tune for the formal bid process RECOMMENDATION: We recommend Purchase Order 10775 - Darr Equipment, Co be approved in the amount of $44,211 11 PRINCIPAL PLACE OF BUSINESS: Darr Equipment Co Dallas, TX ESTIMATED SCHEDULE OF PROJECT: The estimated time frame is 30 days after receipt of order or the third week of December 2000 FISCAL INFORMATION Repair cost will be charged to Fleet Services Sublet Labor account (730-025-0580-8710) Agenda Information Sheet November 28, 2000 Page 2 Respectfully submitted ~~SJ Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 10775 to Darr Equipment Co Attachment 2 Quotation from Darr Equipment Co 10775 DARR EQUIP Agenda ATTACHMENT 1 o o o r 0 .-1 r4 N O N N m V. W W Z d d d o m 7 a ~ y °I S N ~u F o a s u F a a Q o .-i o H H a' xoC~ 0 1 0 00 QOw J y N O E H hd IL N7= O H m W A y~~ p ti N d CD z 'i W • to ¢1+'+ ~LL O r tin S a a CD 2 > x m H V4 a) H awca .a C a vo y wx waa4D M H H O a i "1 WW az zwC4 N n M a O W i-+ a 4 m U W D7 A W d' pO xza CD U a H Q z C4 :H s x _ O u U U N ~Or,C~ V! H a G y t 3 a ~,o z qq ~ a Z r1 19 H W D] U N~ y aa O ' W W iC a W e zNCO 47 a' 1 at M 6 a~ Lugo x w z a x as c v Q c LL CD 04 07. 0 _ oa x m c z LL. w s2 g u x W OO N~ U sox ° O o Was cCDD o ema zoL o m a a n om pU NUW 4 0) V °j o m o I° H a 4 x m a U o~ Zn OD \ F P A \ ~°~~~.d 'W D. a. l~ O1 r. z U a 4 z a m F° a ZM~ O A W Z ~'m jq 1 C Dy . > m d a a o rnxa+ a Of N OI a a E v" m .a a X 00 m W o =Hz° o •aw oo Ln n a a m r% a o E OD l°W M Hc° W U) DC 0. o a 4 94 H ~ n H U4"N Usk RC N n J as • x ae o o o a 044 u a , .c v U O H •U Z P O H H H OD M p M z U W N O m v u1 ca u a p x w m c m m 2 OD vj W W n ( Z 00 N W n W > > qua x0 z m a~ 00 W am H to n 0 H H 46N p dig a o a a avvN O ' Y w o y 4It o o E n W a o o W h a a a 4 O O i~ua y d y 04 0 a a s gy g G v x 4 0.' rl .i Y~ us E y E~° as a 0 se c ua 2 ~'&tv t d t-- cu 2 y g yg L~~a j .-I N •i 2-.X to oC < p O O O P m La ATTACHMENT 2 ffi 1 24 ( / 4 ,01-7 O1 M9 CHT 23 SC~f~t'~j f' SOLD TO SHIP TO CITY OF DENTON ACCOUNTS PAYABLE 901D TEXAS ST DENTON TX 76201 1 4 DJBGS09 10-25-0 2382500 00 G 451 2 3 LIS me r VIA WARMAIIA- DJ88509 10-23-0 10 10 10 1 12 M M D M AA 623E 06CB00657 SC813 • • • REPAIR ESTIMATE/QUOTE • • • ESTIMATED MSC ISO 00 t REMOVE & INSTALL 2 STEERING CYLINDER ESTIMATED PTS 100 00 • ESTIMATED LBR 300 00 • WELD GOOSENECK REINFORCEMENTS ESTIMATED LBR 1000 00 • ESTIMATED MSC 750 00 • RECONDITION STEERING PUMP ESTIMATED PTS 1301 09 • GUARANTEED LBR 216 00 • RECONDITION ELEVATOR HYDRAULIC PUMP ESTIMATED PTS 766 14 GUARANTEED LBR 216 00 • PAV AMOUNT ► THIS AM CONT' D AMOUNT CREDIT SOLO TO SHIP TO CITY OF DENTON ACCOUNTS PAYABLE 901E TEXAS ST DENTON TX 76201 MV DJ88509 1 2382500 00 G 1 T 2 Psopm Man D Le Mug DJ88S09 1010 10 101 i 0-F?f' 1 FA MIXER MACH IDH M R AA 623E 06CB00657 SC813 ` * * REPAIR ESTIMATE/QUOTE REPAIR GREASE LINES REPLACE GREASE LINE JUNCTION BLOCK AND ALL GREASE LINES TO SCRAPER ESTIMATED PTS 6S0 00 + ESTIMATED LBR 300 00 + REPLACE HOSES & LINES ESTIMATED PTS 2000 00 ESTIMATED LBR 750 00 RECONDITION HYDRAULIC ACCUMULATOR ESTIMATED PTS 150 00 GUARANTEED LER 175 00 REPAIR PUMP DRIVE REPLACE BEARINGS AS NEEDED ESTIMATED PTS 1500 00 ESTIMATED LBR 1200 00 PAY THIS AMOUNT CONT'D AMOUNT , CREDIT SOLD TO SHIP TO CITY OF DENTON ACCOUNTS PAYABLE 901B TEXAS ST DENTON TX 76201 DJ88509 2382500 00 G 451 2 1 psomp NUMBER m"; SHIP 1 y DJ88509 SO 10 10 1 i Lo MAIL M B1T M y 11 AA 6231W06, B00657 SCS13 REPAIR ESTIMATE/QUOTE EXPIRAT&N DATE 11/22/00 CLEAN MACHINE ESTIMATED LBR 450 00 REMOVE & INSTALL FUEL TANK REPLACE FUEL TANK AND REINFORCE AS REQUIRED ESTIMATED PTS 3000 00 * ESTIMATED LBR 4000 00 * ESTIMATED MSC 750 00 * REPAIR DRAFT FRAME REPAIR AND REINFORCE DRAFT FRAME ON SCRAPER ESTIMATED LBR 1000 00 ESTIMATED MSC 500 00 REPLACE HUSHING/HEARING HITCH/DRAFT FRAME THIS PRICE DOES NOT INCLUDE ANY BORING THAT MAY HE REQUIRED ESTIMATED PTS 11500 00 * ESTIMATED LBR 8500 00 * ESTIMATED MSC 300 00 * PRY TRB----------------------- - AMOUNT / CONT'D AMOUNT . CREDIT II(*wOK SOLD TO 9MIP TO CITY OF DENTON ACCOUNTS PAYABLE 901B TEXAS ST DENTON TX 76201 A DJ88509 10-25-0 2382500 00 G 451 2 4 M, DATe DJ88509 10-23-0 10 10 10 1 MAR !!I 00-L IWAL "Man MOT Numom M N 1 [ AA 623E 06CB00657 SCS13 * * * REPAIR ESTIMATE/QUOTE RECONDITION 2 STEERING CYLINDER ESTIMATED PTS 211 18 ESTIMATED LBR 550 00 RECONDITION CUSHION HITCH LOAD CYL ESTIMATED PTS 82 74 * ESTIMATED LBR 275 00 * ENVIROMENTAL EXP 567 96 T TAX EXEMPTION LICENSE TAX/EX GOVT/TX PAY TH16 ► AMOUNT (43211 11 AMOUNT Vol CREDIT ORDINANCE NO AN ORDINANCE PROVIDING FOR EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASE FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 10775 -DARR EQUIPMENT CO, IN THE AMOUNT OF $44,211 11) WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $15,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment, and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto, incorporated herein by reference, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, and by reason thereof the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby approved PURCHASE ORDER NUMBER VENDOR AMOUNT 10775 Darr Equipment Co $44,211 11 SECTION II That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids SECTION III This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 10775 DARR EQUIP EMERGENCY PURCHASE ORDER- ORDIANCE 2000 Agenda No Agenda Item _ AGENDA INFORMATION SHEET Date AGENDA DATE November 28, 2000 Questions concerning this acquisition may be directed DEPARTMENT Materials Management to Tom Shaw 349-7100 ACM. Kathy DuBose, Fiscal and Municipal Services I.~VYVyn SUBJECT- An Ordinance accepting competitive bids by way of an Interlocal Agreement with Denton County and awarding a contract for the purchase of 3/8" down rock, providing for the expenditure of funds therefore, and providing an effective date (PO 10778 - Martin Marietta for 3/8" down rock in the amount o $24,963 00) INTERLOCAL AGREEMENT INFORMATION Interlocal Agreement for cooperative purchasing was approved on 10-6-98 with Denton County allowing the City of Denton to participate in Denton County contracts for the acquisition of goods and services The City of Denton has need for the purchase of 2,930 tons of 3/8" down flex base crushed stone screenings for use on Denton Branch Rail Trail We do not have this material as part of our annual contract for aggregate, however, Denton County does have a contract for this material (Contract # 02-99-1201) PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS). • City of Denton approved an Interlocal Agreement with Denton County on 10-6-98 • Denton County Commissioners Court approved the contract for this material on 4-30- 2000 RECOMMENDATION. We recommend Purchase Order 10778 to Martin Marietta be approved in the amount of $24,96360 PRINCIPAL PLACE OF BUSINESS: Martin Marietta Denton, TX ESTIMATED SCHEDULE OF PROJECT This material is available for delivery with two to three days notice Agenda Information Sheet November 28, 2000 Page 2 FISCAL INFORMATION Funding for this material will come from account (209-031-RAIL-9254) funds dedicated to Denton Rail Trail Development Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order - 10778 to Martin Marietta Attachment 2 Bid Award sheet from Denton County 10778 Agenda p o 0 ATTACHMENT 1 s a ~ M m m O m rnrn N N N p J. z N a w ~ pc u o E W tTi N p 1-- In a a u 4 04 a' z 00 QC3~J p >+O N O HH Nf7 a m a H H H Z H X H O W 4 X y O x F N q z i W W LO OC 11 O OUxr WO aCa7 > F O Far1L E+ H O Q U a X O C3 p0 a W X X O Q El H a7WO X m Ow a z H W1 E ° a a r 0 o O a' N W W H v NM2 Uamaa aaa N q G H H ?5 a c _ y zaa a W O a H K u r as LU OC en F x I-I F-~orj z °acxia H W X Z z OJac 0 xi N •0' W W (7mX o ri q x x 04 Z(~3 z x o w g" ILI W F O C7 W X X = o a U. d z y0H g X W s o a)LLO W 0Q `sm i X F'10 ~ O HNH m oLLN U >r~ \ Wax ^ 0) 0 a7 a X I E ° m NO N O W E ~m° o .]WOw ~ o c a N Pk HZ H o as o X ❑ ~ o a a q a Maw N a O arc EOf XU>4 co 04 Ix H a q r H UaMxX a H m r X u~ O W X O p Oq a>•s H CO H ,..I = Z N OHWX a a v x X q H\ W X O m H U ' rv v m E x X U m az u c F O W N v O = 0 " o W h > d wi Z pEL Ha v eeeeeeee v a m X a g a d X N X rn x N F O F 8>O1 o 2 gill z x z r o E `v a H O O a O d'~ W ? Has F X O a a X Hxg=urn a x 4 O W H O I E o xa q C ~g~~m J N a a I-E u p cn r> s Los _ x g p W l!J W .-1. ti tC > p O D: W Q 0 O ~ N ATTACHMENT 2 Flexible Base (Grade 1, Type A) Bid /102-99-1201 Contract Term: May 1, 2000 - April 30, 2001 (Renewed) Vendor Marock Inc Marock Inc is now called Martin Marietta DESC~$jPT70N [FOB Origin per ton $3 00 Estmuited Annual Usage 50,000 Tons FOB Origin Location 6 2 Mi NW of US 380 & SH 114 in Wise County Destination Price Per Ton $852 Estimated Annual Usage 76,300 Tons Capabilities of deliverymg to F O B Centralized Road & Bridge, a minimum Yes of 1,000 tons per day, when requested Availability of belly dump trailers, when requested Yes For further information regarding contract terms and conditions please contact Donna Riley at 940/565-8672 Mr Lynn Johnson Marock, Inc P O Box 2466 Denton, TX 76202 Phone 940 243-8520 Fax 940 243-8521 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF 3/8" DOWN ROCK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PO 10778 - MARTIN MARIETTA FOR 3/8" DOWN ROCK IN THE AMOUNT 0 $24,963 00) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute the attached agreement, a copy of which is attached hereto and incorporated by reference herem SECTION II That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of various goods and services SECTION III That this ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PO 1077$ MARTIN MARIETTA DENTON COUNTY INTERLOCAL ORDINANCE Agenda No AGENDA INFORMATION SHEET Agenda Item Date f z$ AGENDA DATE. November 28, 2000 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ross Chadwick 349-8101 ACM Kathy DuBose, Fiscal and Municipal Services Oo" ~~u . Ic D SUBJECT: _ An Ordinance authorizing the execution of a change order to the contract between the City of Denton and Denton Area Teachers Credit Union, providing for the increase in the contract term and an increase in the payment amount, and providing an effective an date (Ordinance 98-388 Lease of Office Space for Fire Administration in the amount of $36,000 00 plus change order 1 in the amount of $18,000 00, plus change order 2 in the amount of $18,000 00, change order 3 Purchase Order 10777 in the amount of $43,300 00) CHANGE ORDER INFORMATION: The original amount was for $36,000 00 approved by Council on November 17, 1998, (Ordinance 98-388), change order 1 was for 6 months and was for the total amount of $18,000 00, which only required the City Managers signature Change order 2 was necessary to extend the contract another 6 months due to the Fire Station Renovation delays, for the total amount of $18,000 00, which also only required the City Managers signature This request is for Change Order 3 in the amount of $43,300 00 for the extension of our lease of the building at 212 W Sycamore owned by the Denton Area Teachers Credit Union Currently this building serves as administration offices for the Fire Department This change order is for a term from December 1, 2000 thru November 20, 2001, and may be extended until Central Fire Station and Fire Administration can be relocated RECOMMENDATION We recommend this change order 3 in the amount of $43,300 00 be approved PRINCIPAL PLACE OF BUSINESS. Denton Area Teachers Credit Union Denton, TX ESTIMATED SCHEDULE OF PROJECT: This change order lease term is from December 1, 2000 then November 20, 2001 FISCAL INFORMATION: Funding for this lease extension is available from account (740-004-0028-8502) Agenda Information Sheet November 28, 2000 Page 2 Respectfully su fitted Tom Shaw, C P M , 349-7100 Purchasing Agent Attachment 1 Purchase Order 10772 to DATCU 10777 Agenda ATTACHMENT 1 ° ° ° 0 0 0 o 00 0 0 00 m m m m m m x w a x N ' d y 0 N OC O O t Jun a a u o U H E a Q~°w J ° a. 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I- u p y O SS .9 2 Cc U) w z ~ 0 m ORDINANCE NO AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO THE CONTRACT BETWEEN THE CITY OF DENTON AND DENTON AREA TEACHERS CREDIT UNION, PROVIDING FOR THE INCREASE IN THE CONTRACT TERM AND AN INCREASE IN THE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE AN DATE (ORDINANCE 98-388 LEASE OF OFFICE SPACE FOR FIRE ADMINISTRATION IN THE AMOUNT OF $36,000 00 PLUS CHANGE ORDER 1 IN THE AMOUNT OF $18,000 00, PLUS CHANGE ORDER 2 IN THE AMOUNT OF $18,000 00, CHANGE ORDER 3 PURCHASE ORDER 10777 IN THE AMOUNT OF $43,300 00) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I The City Manager is hereby authorized to execute a Commercial Lease Contract between the Denton Area Teacher Credit Union, in substantially the form of the Commercial Lease Contract, which is attached to and made a part of this ordinance for all purposes, for the lease of office space, located at 212 W Sycamore St , Denton, Texas 76201 SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Commercial Lease Contract SECTION 3 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 Lease Ordinance - PO 10777-DATCU Second Rental Contract Extension WHEREAS the City of Denton (Fire Department) as Tenant and Denton Area Teacher's Credit Union as Owner entered into that one certain Rental Contract on the 7th day of November 1998, and; WHEREAS said contract was extended by agreement dated November 19, 1999, and; WHEREAS said extended rental contract expires on the 30th day of November 2000 and; WHEREAS both parties desire to again extend said rental contract for a period of twelve (12) months beginning December 1, 2000, and ending November 30, 2001. NOW THEREFORE, the parties agree and stipulate that the terms of the rental contract heretofore entered into by the parties, a copy of which is attached hereto for all purposes as Exhibit "A", is hereby extended for a period of twelve (12) months, ending November 30, 2001, with each party being bound by all original terms save and except the following two (2) changes shall be in effect during this extension: 1) The rental payment shall be $3,525.00 per calendar month. 2) Landlord shall furnish janitorial services for the premises on a regular basis but not to exceed three (3) times each week. SIGNED this the day of November, 2000. OWNER TENANT RENTAL CONTRACT 1 BETWEEN TENANT: THE CITY OF DENTON (FIRE DEPARTMENT), harain after referred to as tenant. Telephone No. 91b-JM?- l;/t' and OWNER (LANDLORD): Denton Area Teachers Credit Union P.O. BOX 827 Denton, TX 76202 Ph. 940/387-8585 (a) Persons to occupy premises. Fire Chief and office staff. (F N MAIM FV/ W. q.M ,,.N FnfNN New, INN „Fw.l N WM1,N 1 Z PROPERTY DESCRIPTION: BEING all that certain tract or parcel of land lying and being situated in the William Loving Survey, Abstract 759, Denton County, Texas, and being the some land conveyed by Mary Alice Stone to N.J. Bushey, at us, by Deed dated February 27, 1953, recorded in Volume 358, Page 406, Deed Records of said county, and the ease land conveyed to Denton County Teachers Federal Credit Union by Bruce Davis, at us, as recorded in Volume 497, Page 35, Deed Records of said County, and being more particularly described as follows: BEGINNING at a found iron pin at the Southwest corner of said Stone to Bushey Tract in the North Line of Sycamore Street: THENCE North 000 03 w 53' Nest, with the want line of said stone to Bushey Treat, a,distance of 149.58 feet to a found iron pin at the Northwest corner of said tract: THENCE North 690 36" 401 East, passing at 30.0 feet the Nest line of Block Twenty-five (25) of the original townsite of the city of Denton, Texas, and passing at 60.0 feet an iron pin at the Northeast Corner of said Siena to Bushey Tract, the same Northwes union conitinuing a totaltdistancecorner feeatttoo the Northeastd corner of said Credit union Tracts r, THENCE South ooo 28 " 210 West, with the East line of said credit union Tract, s distance of 150.24 feet to corner on the North line of Sycamore street, said corner being the Southeast corner of said Credit Union Tract: THENCE Nast with the North line of Sycamore Street passing at 46.0 feet the Southwest corner of said Stone to Bushey Tract a;: Continuing a total distance of 95.09 feet to the POINT OF BINNING and containing 0.3297 acre of land. 3. TERM OF CONTI~t/98 The initial term of this agreement shall commonce and and 11/30/99 , consti- tuting a twelve month period. The contract will be renewed automatically thereafter on a month to month basis. 4. NOTICE: At least 30 days written notice of intent to vacate must be given to owners prior to move-out at the and of above term or any renewal or extensioq period. Failure to do so will result in the forfeiture of deposit. In the went of renewal or extension of the rental contract, rent shall be paid through the last day of the month following the expiration of the 30 day notice period, unless owner agrees otherwise in writing. 5. RENT: Tenant will pay $3,000.00 per Calendar month for rental and shall be paid by mail or in person to: Denton Area Teachers Credit Union, 212 N. Sycamore, Denton, Texas, 76201. such payments to be made on or before the first day of each month. Rent paid after the lot day of each month shall be deemed late; and if rent is not paid by the third (3rd) day Page 1 of the month, Tenant agues to pay a late charge of $00.00 in sedition to the rental payment, plus $60.00 per day until paid in lull. Should Tenant's rental payment become one (1) month in arraere, unless other specific arrangements are made Tenant shell be subject to aviation and upon written notice by Land- lord, shall vacate premises by date specified in such notice Partial payment of rent will not be accepted. The entire month's rent is due in its, entirety on let day of month Tenant's right to possession is expressly contingent on the prompt payment of rant, and the use of the premises by Tenant is obtained only on the condition that rent is paid on time. Tenant agrees to pay a $26.00 charge for each returned check. The pro-rated rental from the data of move-in to the last day of the month is $96 63 per day. 6 DAMAGE AND SECURITY DEPOSITt To insure that Tenant will comply with all of the terms and conditions of this agreement, Tenant has deposited with Landlord on the execution of this agreement the sum of $600.00, receipt of which is hereby acknowledged by Landlord, to be retained by Landlord during the term of this agreement. The security deposit shell be refunded to Tenant within thirty (TO) days following the termination of this contract, provided Tensnt bas complied with all of its obligations beraunder, less all costs and expenses incurred by Landlord in restoring the premisaa to the same Condition me when ranted (notmal wear and tear excluded) plus any unpaid charges, damages, or rentels dos to Landlord. Landlord shall furnish a written description and itemised list of all deductions, provided Tenant furnishes Landlord a written copy of Tenant's forwarding address, but neither list nor refund shall be made unless Tenant has provided the written Io days advance notice and such forwarding address. should the total deductions herein authorised exceed the amount of the security deposit, Tenant agrees to pay to Landlord the amount of such excess 7. CARE OF PRM ISEBs Tenant agrees to take good care of the prealses and its fixtures and any furnishings, and to suffer no waste and to make no alterations, additions Or improvements without the prior written consent of Landlord. No antennas, additional telephone outlets, lock Changes or addsttAi,cnal looks shall be permitted except by Landlordta pefaission. 9. OWNER W= ROT BE LIABLE for any damages or losses to person or property caused by tenants or other persons Owner Mall not be liable for personal injury or damage or loss of tenantfs personal property from theft, vandalism, lire, water, rain, hail, smoke, explosions, acts o! god, or other causes, unless the same is due to the negligence of Owner. Owner etrenely r&Commands that ton Mns a &aura in. .-one e....re itself aqsroe,[ all the of . _l+evw occurrences, 9. RL'PAIRS BY ONNns in case of needed repairs to the outside walls, roof, windows or foundation, tenant sbollAtM**nAla Am> nLanddlord~stall actrwithh dos diligence in makingarepaiajAuk 06.011-1e4sd6 17im r)S and rent shall not abate during such periods. If the da"ged promises are unfit for Occupancy in Landlord's opinion and repairs are not feasible, Landlord may terminats this contract by giving written notice to tenant. If it is so terminated, rent will be prorated and the balance refunded along with the deposit, less lawful deductions. 10. REPAIRS BY TENANTS Tenant shall maintain and keep in good repair the entire promises, save and except the windows, outside walls, roof and foundation, which Landlord shall maintain. Tenant will maintain and repair and/or replace all Page 2 other fixtures and structural items including but not limited toy light fixtures and /y~y~/ receptacles, doors, inside walls, carpets, vinyl, bathroo fixtures and so on without exception if located within the leased premises. it SURRENDER OF THE PREMISES: Upon termination of this contract, Tenant covenants and agrees that it will promptly and peace- fully surrender possession of the demised premises, and will voluntarily surrender and deliver to Landlord all of the personal property belonging to Landlord. It is agreed that Owner shall have the option to show the premises, by appoint- ment, during the final 15 days of Tenant's occupancy. 12 TENANT AGREES To REIMBURSE OWNER PROMPTLY for any loss, pro- perty damage, or cost of repairs or service (including plumbing trouble) caused by negligence or improper use by tenant Tenant shall be responsible for damage Iron windows or doors left open. Such reimbursement is due when Owner's representative makes desand. Owner's failure or delay in demanding damage reimbursements, lat"ayment charges, returned check charges, or other sums due by Resident shall not be deemed a waiver; and owner may demand same at any time, including move-out. 11. RIGHT OF ENTRY; Landlord shall have the right to enter upon the Tenant's premises at all reasonable hours for the purpose of inspecting said premises, and sexing necessary repairs. la EXHIBIT "A": Attached is Exhibit "A" which represents specific parking spaces that are a part of this lease and are the yya,Y parking spaces available for use by Tenant. is. ENTIRE AGREEMENT: This instrument in writing, termed a Rental contract, contains the entire agreement made by and between the parties hereto. No oral agreements have been entered into in connection with the execution of this instrument, and none of the terms, provisions or conditions contained herein shall be changed or modified in any way exceppt~ by an instrument in writing, signed by all of the parties lnreto. Additional terms and conditions to this oontract3 SIGNED this , 7 d of , 199 ~w (LANDLO D OWNS (LANDLORD) TENANT r Page 3 I ' . T, ~E~i~I11I III- L r~ o • n 01 Ile QQ g 6 • • DENOTES PARKING SPACES THAT ARE • REFERRED TO IN PARAGRAPH 14 OF i. THE RENTAL CONTRACT. Ii ~ •i ' ~K411{s rIT "ll" L a . < ,v ~ 05 Agenda No Agenda Item AGENDA INFORMATION SHEET Oate AGENDA DATE: November 28, 2000 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Charlie Watkins 349-8444 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: -1 An Ordinance accepting competitive bids and awarding a contract for the lease of a modular office building, providing for the expenditure of funds therefore, and providing an effective date (Bid 2587 - Lease of Modular Building to G E Modular Space in the amount of $35,462 00 for 36 months) BID INFORMATION: This bid is for the lease of a modular office building as an interim short-term relocation for the solid waste commercial work order and billmg staff currently housed in the old Fleet Maintenance Facility The old building is inadequate for staff to perform their duties due to space restrictions, electrical problems, and heating and coding problems The leased modular building will be located at the Landfill for an approximate 24 to 36 month period The FY 2001 CIP includes funding for the design of a permanent solid waste office building with construction funding planned for FY 2002 PRIOR ACTIONIVIEW (COUNCIL, BOARDS, COMMISIONS): The Public Utility Board recommended approval on November 6, 2000 RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder meeting specifications, G E Capital Modular Space in the amount of $795 00 per month or $28,620 00 plus $4,332 for delivery and set up plus $2,510 00 for the take down and return Total 36 month bid award $35,46200 General Modular Option 1 failed to meet mimmum square footage requirements PRINCIPAL PLACE OF BUSINESS: G E Capital Modular Grapevine, TX Agenda Information Sheet November 28, 2000 Page 2 ESTIMATED SCHEDULE OF PROJECT: A modular building can be delivered and set up within 14 days of receipt of an order or the second week in December 2000 FISCAL INFORMATION- Funding for this lease will be taken from Solid Waste Operation budget for each fiscal year Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 2587 Agenda x c+ + O O z C G °O 6 0 C) oo 0 0 Wz I o a m ,G o°o 0LO>`- occoo>`- LO ~ o 00 T- 0 (D IIR > j 0 'o c C W O O LO M N V Q m 6q 64 64.> ~ ~ 69 d4 X O m O O h C >1 p z a 5 °o co 0 ° U U o 0 w X 'p co O O Z Z O M O > 'OC N cC0 O cz 0 co N o c co co 00 Q% 69~ 6F~ ~ Z _rn r = +N, 0 oo 7. m o cc m d o 0 0 o m z p ° N N N LO v U 0 0 rn rn ~ ~ M U 0 Hg) (f) 0 CL H z m, S p o O o M 0 w z o m R O L M LO Z C7 0 669 ~ 6c, 61% w z O co Q g C N} O O v1 O C O O O p p T O O O O Ol O 0 W -E O- p0) N N Lf) a~i 0 LL W c» co 0 60 O O O C) a CD M O O y~ O O_ z C a) (o O o co Z > M 06 M M N N O LL n is 64 ~ EA d3 0 J N cn w F- m N xza 0i 02 0i aod z w { C Nop LL z w LL ~o =w U) 0 O]OJ HO IN Z -O H Z O uj F-M m g mLL z~ z~ z~ (n F- wa D m myww LUL LUL LJJ~ }Y3 ad > m u~u > a > CL > CL ~Wo zo O p o ~LLm Q.- a- Q-- o W 20w a~ (L c,4 Q.M w0 3: Q F- w 0 :D ti c co Z 5 MLLI au~ au~ w° ~w LO p NI N g~a -Y -j z W Q. U) U Q to U ..0 Q C CD J z° 4. N M ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE LEASE OF A MODULAR OFFICE BUILDING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2587 - LEASE OF MODULAR BUILDING TOG E MODULAR SPACE IN THE AMOUNT OF $35,462 00 FOR 36 MONTHS) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herem, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved BID ITEM NUMBE NO VENDOR AMOUNT 2587 ALL G E Modular Space $35,46200 SECTION H That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer ofthe persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herem SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of .12000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2587 SUPPLY ORDINANCE 5 Agenda PIa "d AGENDA INFORMATION SHEET Agenda Item Z $ D Date AGENDA DATE November 28, 2000 Questions concerning this acquisition may be directed DEPARTMENT Materials Management to Ross Chadwick 349-8101 ACM Kathy DuBose, Fiscal and Municipal Services CLY11N1) 4C." I/- SUBJECT- An Ordinance providing for the expenditure of funds for purchase of cardiac monitor/defibrillators which are available from only one source in accordance with the provisions of State Law exempting such purchase from requirement of completive bids, and providing an effective date (Purchase Order 10762 to Medtronic Physio-Control in the amount of $69,61650) PURCHASE ORDER INFORMATION This purchase order is for the sole source acquisition of three (3) LIFEPAK 12s, five (5) Automatic External Defibrillators and seven (7) upgrades to existing LIFEPAK 12s for the I7re Department Emergency Medical Services The LIFEPAK brand of cardiac defibrillators, options and upgrades are only available from the Medtronic Physio-Control The Medtronic Physio- Control is the only brand cardiac defibrillators compatible with other Denton Fire Department equipment and area hospital emergency rooms The intent of this equipment is to measure, calculate and transmit patient vital signs from mobile intensive care units, MICU (ambulances) to emergency room personnel Sole Source acquisitions are exempt from the bid process as per Chapter 252 of the Local Government Code RECOMMENDATION: We recommend this purchase order 10762 be approved to Medtronic Physio-Control in the amount of $69,616 50 PRINCIPAL PLACE OF BUSINESS: Medtronics Physio-Control Redmond, Washington ESTIMATED SCHEDULE OF PROJECT. These units are available for immediate shipment Agenda Information Sheet November 28, 2000 Page 2 FISCAL INFORMATION. These cardiac defibrillators, options and upgrades will be funded from Motor Pool Replacement Account (720-025-0584-9104) $36,601 00 Certificate of Obligation Account (727-024-VEHL-9104) $20,015 50 Operation Budget Account (740-004-0028-8502) $13,00000 $69,61650 Respectfully submitted jam- Ll Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 10762 Medtromc Physio-Control Attachment 2 Quotation From Medtronic Physio-Control 10762 Agenda ATTACHMENT 1 0 0 0 0 0 o Ln o o LO 0 ri In o o £n o r ~ n in rn rn x o In ~ O N N m c 0 m ♦ It a Z N a 0 01 co m O O O O O U3 O O O O In LO o o a u a -o U In to O o H 00 a0 H H W r-I r m O Q O J O z w w EE+ d' 01 i11 M H N ri H a O 1n N N ri w > H N 4 i C7 ri M W l0 ~ F ri W r y V Z a W . 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Q08 J O 0 W W N w O H E ]YaCC O X wrl H y Q -I H a 0 N ri W q 0 X y Q > E N 0 14 r~ U Z v W PO x m H aHPCEl to a w x 000 p a W E U O a 0 p i p 4 Q z w a Pao E r to o N t, H W H C9 O 14 O W l EE z a rl z 3 z to 0 0 ra 8 W F+ 0 W W M Cl) NO~ U W QI q z W W O m C M N i 0l x y rn d E - U a z W a ° 0 D. U LL o a u oy5 y a w o \ a c~ a A , z o Z n m I-t W E W " m~ a a +3 O a W o W z w av n.0 7q H W O W W4 9 Zym3 y z a z z z ~ N 0 C 0 134 Q c C7 H C7 A; a C7 _ o a W a U. I v 1C Po G1 a faC H aw X030 w q S a x 01 \ W U O 'C W N 8 O q x 000 a m O N .i .i to " o u ZZZZ p U a 1"1 3 (1) m CD U O m ri A; A'i 0143 4 2 1« 0 z a z ° ~n M a \ \ ..~j u'^v O I N N W E O OC O1 r 'i m E z X E to z p ° a zm> O O m w 0 x ZS- ? m O to a a a H Eaten m r a U 0m00 W O o-7 H U H 00 a a• a a) ~ uci 2` a 0) 4hOH 00 E r a60 W 0) xN O 0) O A; O W 4 3 O w w 0 < a y - ri 29 -1 0a M, i q O> O E OC H0)0 EOI x q H m w N z 4 lj 4 H 4 W O H to to V• 0 O W $ U 40 U" Q U W U ~k RC N N O r Uz uJi 4 PC E z 000 O q 0 I aD+ I aNa W 0 a>.H rl = z Oq 0E+q 0E 0 ~4b OEE Ha Q H W QH93a ;01 QHrA Ono m m co ul m z U A; z U a m z U w N N C I cmi D+ID N w W W n n n Z 0 N x 3 0 > > > ° m p° a s n0) o w tee' u a a 0 4 yr rn X z 0 W W v! 4 e. >Y 3 0 W z U" O 0 O ar-i o H o 0 0 1 d F E rl X z W O O O vl 0014) 0 W 0Q xw c° x W W O a n o'aW~l z.4 a a n o c YI ~ y j ~ 4 rC V 0 CL 9 « Z LU y Z tL In l0 r H N m•f0 tl 1! 0 0 0 000 7 Z Q 1 0 0 0 tii •-eJ 10/03/2600 14 40 FAX 800 732 0980 MEDTRONIC PHYSIO-CUNIXUL weuoo,~Vo Medt l0 ATTACHMENT 2 nand Ns Corp i i ij , , mum m we fined NE 1tl t Poll won Box 07023 nadmam, WA 90073 OT23 USA Tot tl00 4 42 1142 Fa 425W?4146 Quolation DAW7884705-A Irnanet www ohvelnrotlt al com P H Y S 1 O-CONTROL lotwlwr www m900111c rnm To: Chief Taylor page 1 Denton FITS Department Quote Date: 10/3/2000 FAX 940-349-7221 Sales Representative: John Conroy 800-442-1142 x2261 FOB: Redmond WA Shipping: 45-60 Terms: Net 30 Days This quote is firm until: 10/24/2000 Unit pert k noscrlptian Qty Price Diaconal Total 1 LP12B LIFEPAK 12 delib/monitor w/3D® Blphasic 3 $9,39500 $28 185 00 Technology ALL PHYSIO4C0NTROL PRODUCTS ON ABOVE QUOTE AREYEAR 2DWCOMPL4NT FOLLOWING PRIaNG VALID ONLY WHEN gUOTEIS PURCHASED IN rT$ ENTIRETY (OPnONAL HEMS NOT ROQUTRED) LIFEPAK 12 tol a alai defibrillation with 3D® Bipbaslc Texhaology, 3 land ECO cable, QUIK-COMBOTM therapy cable, 3 pack ECG elecnodus, 3 rolls paper W operating IllutmCdoos (bounties, bard paddles 9134 cane ROL included) 2 LP5 Trade-In value for LIFEPAK S defib/mon 3 -$4,00000 .$1200000 3 RP-LP12B BIPHASTC FEATURE PROMO DISCOUNT 3 _$90000 -$2 700 00 4 - Loss Discount 1 41,348 50 -$1,348 50 on above 5 AED Option for the LIFEPAK 12 3 No Charge 6 Pacing Option for the LIFEPAK 12 3 $1,50000 $15000 $4,050 00 Continued nest page NOTE. TERMS CONTAINED ON THE SWOF0e SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE PART OP THIS SALES AGREEMENT DAW AND ARE INCORPORATED HEREIN. Sowhinl,urw artd pftW subleet to chen9a wlutout noaco Applitwhle Iraight and Oalce wx will be atldutl Lo lno qme d puehtate pot a •„-,w+s am r~ema, awmrww Mww^- 10/03,2000 14 41 FAX 800 732 0958 MEpTRONIC_PHYSIO-CONTROL IMU04/008 1 1811 io Mows Phyalo-Convol Corp 11811 Mows Road NE Porn Offics Box 970:01, Rcdmand, WA 98073 0723 USA Tal 800 4421142 M i Fax 426 A07 4140 Internet vnvw ohy w ohyainoonnol corn Quotation DAW7884705-A P H Y S I O-CONTROL Intimal www 11willtrovan coin To: Chief Taylor Page 2 Denton Pere Department Quote Date: 10/3/2000 FAX 940-349-7221 Sales Representative: John Conroy 800-442-1142 x2261 FOB: Redmond. WA Shipping: 45-60 Terms: Net 30 Days This quote is firm until: 10/24/20W Unit Part DIjMv rcptlon OAX Price DJASAUIU Total Continued 7 SP02 Option for the LIFEPAK 12 3 $1 250 00 $125 00 $3 315 00 Includes 4 ft cable and sensor sample pack. S 12•Lead BCG Monitoring Option for the 3 S7.25000 5725 00 519,575 00 LEWAK 12 Includes 12•1oad main cable, 4-wire limb lead attachment, 6-wire precordial lead attachment, 2 each 3-pack and I each 4-pack of ECO cltxtrodes 100mm printer and 2 rolls of IODmm recording paper 9 LPI2N1BP Noninvasive Blood Pressure (NIBP) 3 $2,75000 $275 00 $7425 00 includes M hose and reusable adult cuff Ilse of LIFEPAK NICd batteries Is strongly, recommended with this option 10 IISS2 Battery support system 2 2 $1 70000 $17000 $3,06000 Includes power card and operating instructions (Batteries not included) 1 1 LPI2FAX Fax Transmfeelon•Factory Installed 3 $21000 $21000 No Charge Enables LIPEPAK 12 to nanstall 12-lead reports to a remote fax maobine (requires the following COMMUNICATIONS ACCESSORIES Internal Modem or External Modem) 12 3010294 Internal Modem 3 $23700 5237 n0 No Charge (Requires Modem Door Auy) Continued next page NOTE. TERMS CONTAINED ON THE REVERSE SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE PART OF THIS SALES AGREEMENT DA W AND ARE INCORPORATED HEREIN SowrIcaaans and prices W,hpwt to change velhout notice Applicable haight and xalaa tax will to added to the nualaa purchase price Mnancan e.m w,u. Nn+o.wr..t amsa+. 10/03,2000 14 41 hAS 800 734 0056 Mho IRUIN l/._rnk slU-1,UIN IN.UL IµI UUa UU6 - M ll Phvoio Control Corp c 181811 1 Wi Wllbw$ ws Road NE Poet Office Sox 070'13 Redmond, WA 98073-9723 USA Tel 8004421141 jfqWC Flax 426 INIT Im st ww ww. 4148 Quotation DAW7994705-A 1Y w# w O4Yxinoontral wm P H Y S I O .CONTROL Inlorner www msdlrOnn Oom To: Cluef Taylor Page 3 Denton Fire Department Quote Date: 10/3/2000 FAX 940-349-7221 Sales Representative; John Conroy 800-442-1142 x2261 FOB: Redmond, WA Shipping: 45-60 Terms. Net 30 Days This quote is firm until: 10/24/2000 Unit Pet DescrLafion Dix prize Discount Total continued 13 3011422 Modem Door Assy 3 $41 00 $41 00 No Charge 14 1011[086-02 Basic carrying case 10 5128 00 S 128 00 No Charge Par the L7EPAK 12 Includes shoulder strap, nghr pouch and fi ont cover 15 3010267 Top Pouch 10 $39 00 $39 00 No Charge 16 3UI0266 Left Pouch 10 $29 00 $2900 No Charge 17 3011087-00 Back Pouch-Small 10 $2900 $29 00 No Charge 18 POs Point of Sale service agreement for LIFEPAK 3 $86400 52,592 00 12 Pnce per year/per unit (coututt rep for details) 19 Blphaalc Option Field Service Upgrade 7 $1,75000 $75000 $7,000 00 Continued next page NOTE TERMS CONTAINED ON THE REVERSE SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE PART OF THIS SALES AGREEMENT DAW AND ARE INCORPORATED HEPEIN Spualicmlono and press subimul 10 change without nolic H ApplicolNe freight and styes tax will be adders to the quoted ourchesO pnee w,~.nwr n.w nW,.wee,rsrwarx Ahgaene 10/03 2000 14,41 FAX 800 732 0950 HEDTRONIC_PHYSIO-CONTROL WJUU5i Vu0 Modtronio Pnyslo-Cerltml Corp 11al l Ne=ws Rawl NIL Poll Olix:o Box A 7112.9 Redmand WA 960M 903 USA Tol 000 449 1142 MMUMdC Fox 425 a574148 Internal wwwphy"contrulcOM Quotation DAW7894705-A P H Y S I O-CONTROL Innlmet www rna0a011ir nom To: Chief Taylor Page 4 Denton Fur Department Quote Date: 1013/2000 FAX 940-349-7221 Sales Representative: John Conroy 800-442-1142 x2261 FOB: Redmond, WA Shipping: 45-60 Terms: Net 30 Days This quote is firm until: 10/7A/2000 Unit Part 0 Daacrigtion Qly Prue 1118count to Continued 2 0 LP500BIPHASlC LIFEPAB:O) 500 automated external defibrillator 5 $3 50000 $900 00 $13 000 00 ALL PHYSIO-CONTaCL PRODUCTS ON ABOVE QUOTE ARE YCAR 2000 COMPLIANT FDLLov,wo PRICING VALID ONLY WM QUOTE IS PURCHASED IN rr$ ENmETY (OPTIONAL PRODUCTS NOT REQUIRED) Biphanne waveform AVAB.ABLE BY 2-BUTPON OR 3-BUTrONOPlaIATION (PLEASE SPECIFY ATTMOFORDER).It UdeaoaepeirQUWWOMBO'M paumg/defibriilationMCC electrodes with REDI-PAK7,1 preconnoat system, operadig instructions, insorvlce video Note Innis lus and other accessories meet he ordered separately One set or seruP instructions included with each order 5 years warranty on parts and labor 1 3005380 Lithium battery pak 5 $20200 $20200 No Charge LIFEPAK 500 nonrechargeablc hibmm battery pak. For use with die LIFEPAK 500 automated external defibrillator 22 3005343 Complete carrying case 5 $10800 $10900 No Charge Continued next page NOTE. TERM$ CONTAINED ON THE REVERSE SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE PART OF THIS SALES AQREEMENT DA W AND ARE INCORPORATED HEREIN Spoahirncons end prkaa sWpot to OhanAo wiawut raoo Applicable tai0hl arm selos tax will be added to tno quoted ourmase price .T.•,.w e.•, rw,a auw.,w,..M.,,.,. 10/03,2000 14 41 FA8 800 732 0888 MEDTRONIC-PHYSIO-CONTROL 11007/008 ll N Mewronla trol Core 11811 WIIIVwv Ro Rawd l N I 11877 C Pose 0*0 Box 9(023 ~,~,.~im Redmond WA 08073 0720 USA TO 13W 44 1 in Fu 4260674748 Inremer wwwphyunaa,trolmm Quotation DAW7884705-A P H Y S I O-CONTROL Inlernel W m001MAIC com To: Chief Taylor Page 5 Denton Fire Department Quote Date: 10/3/2000 FAX 94U-349-7221 S$1es Representative: John Conroy 800-442-1142 x2261 FOB: Redmond, WA Shipping: 45-60 Terms: Net 30 Days This quote is firm until: 10/24/2000 Unit rt # DA"LLUtinn Q~p price 7liacnunt Tu.tfll Continued TOTAL THIS QUOTE $720213.50 I Discounts Discount $20527 10 Notes I WARRANTY FOR ABOVE L EpAK 12 ONE YEAk FARTS AND LABOR. i i I NOTE TERMS CONTAINED ON THE REVERSE SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE PART OF THIS SALES AGREEMENT DAW AND ARE INCORPORATED HEREIN Sp XIs,atons and WICM OUNWtO "NO W6htnt nnllae Applicable height end sales ax W U to stlded to dw yuoled purch0eu pr1cG i MnPkic PM, IIynF NMIyWNM NipY'Im 10/03'2000 14 42 FAX 800 732 0950 Ishii uji 1,,,,rtL ~,y~,1 u-tuiv LXUL yxvv~, VVV n J'' ll TOM OF SALE General Torma r rln•r Phyao-Control acceptance of the Buyer's order is expre 1{ ally wndltoned 4 a Buyer's a" to theterms set forth in this document and its attachments. Physlo.Control agrees to iumiah the Goods and aen{ieaf~ort~ isd by the Buyeronly on these terms, and the Buyers acceptance of any portion of the goods and services covered by this document shall Rohrfln thahraecopta by the Buyer These terms consMUte the complete agreement between theparties and they shall govamany h:onill g or ambiguo terms on the Buyers purchase order or on other documents submitted to Physlo-Control by the Buyer Th aw terra mairm be revised In any mannerwfthout the prior written consent of an officer of Physic-Control Pricing Unless otherwise Indicated In this document prices of goods and setvitea~c vaned bythis dpeument shall be PhysloControl standard prices in effect at the time of delivery Prices do not include freight. Insurance, 4 rwarding fees( taxes, duties import or export permit [son or any other similar charge of any kind applicable to the goods and service* p"tep by this document Sales or use taxes on domestic (USA) deliver- in will be invoiced In addition to the price of the goods and servhxa cove fed by this document unless PhysioControl receives a copy of a valid state exemption certificate priorto cialivery Please toward your taxe xenon certificate to the Phymo-Control Tax Department, P 0 Box 97005, Redmond, Washington M073.9709 , Payment I Unless otherwise Indicated In this document or otherwise confirmed bV it io-Control in writing, payment for goods and services supplied by Physio-Control shall be subject to the following terns. i I f Domesde (USA) Bales- Upon approval of credit by Physlo-Convol, 100% of Invoice due thirty (30) days after invoice date Irnernatonal Sales- Sight draft or acceptable (confirmed) Irrevoesiple I¢f<er of credit I: Physho-Control may change the terms of payment at any time prior to delivery, by providing written notice to the Buyer Physfo-Control reserves the right to charge a 19% restocking fee for returns Delivery Unless otherwise indicated In this document delivery shall be FOR Physio-Fontrol point of shipment and title and risk of lose shall pees to the Buyer at that point Portal deliveries may be mode and partial Involeasshelll be permitted and shall become due In accordance with the payment terms. In the absence of shipping instructions from the Buyer, ftysfo-Control will obtain transportation on the Buyers behalf and for the Buyers account , I. Delays Delivery dates are approximate Phyalo.COntral will not be IIeWe for any to" or damage of any kind due to delays in delivery or non-delivery resulting from any cause beyond he reasonable control, Including but not rifted to, acts of God, labor disputes, the requirements of any governmental authority, war, civil unrest, delays In manufacture, ubtaloing!any required Iicenso or permit and Physlo*Control inability to obtann goods from Its usual sources Any such delay shall not be considered albrooph of Physio-Control and the Buyers agreement and the dechvery dates shall be extended for the length of such delay ti I MspaeUona i Claims by the Buyer for damage to or shortages of goods delivered shsQ b*,i)nade within thirty (30) days after shipment by providing Phyaho-Control with written notice of any deficiency Payment Is not coMinbilm: upon Immediate correction of any deficiencies and Plhyslo Control prior approval to required before the return of any goodsta Plhvslo-Control Warranty Physlo-Control warrants Its products in accordance with the terms of tit standard PhysioComrol product warranty applicable m the productto be supplied and the remedies provided under such warranty alhall be th~ E*Joes sole and exclusive remedies. Physic Control makes no other warranties express or Implied, including, without limitation, NO WAR ' OF MERCHAWABILRy OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO b-VENT SHALL PHYSIO•CONTROL BE LIABLE FOR INGDENTAL. CONSEOUE1hLTIAL, SPECIAL OR OTHER DAMAGES Patera Indemnity I i Upon rocelpt of prompt notice from the Buyer and with the Buyers outroli ft' and assistance, Phyalo-Control agrees to defend, Indemnity and hold the Buyer harmless against any claim that the Phyelo-Control protlyot>icovered by this document directly Infringe any United States of America patent Miscellaneous j a) The Buyer agrees that products purchased hereunder will not be reshipped or resold to arty persons or places prohibited by the laws of the United States of America b) Through Its purchase of Physic-Control products, the Buyer does net aaItiire any interest in any tooling, drawings, design information computer programming, patents or copyrighted or confidential information related to solo products, and the Buyer expressly agrees not to reverse engineer or dead Molls such products or related software anct Information c) The rights and obligadono of Physic-Control and the Buyer related to: the purchase and sole of products and services described In this document shall be governed by the laws of the State of Washington, Uri tl States of America All costs and expenses Incurred by PhysioComrol related to onfercament of Its rights under this document includfn0 reasonable anornay'stam shall be reimbursed by the Buyer : sresct:w hoes ~ I i ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF CARDIAC MONITOR/DEFIBRILLATORS WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE O LAW EXEMPTING SUCH PURCHASE FROM REQUIREMENT OF COMPLETIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 10762 TO MEDTRONICS PHYSIO-CONTROL IN THE AMOUNT OF $69,616 50) 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, electricity, 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 mentioned 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 in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 10762 Medtronic Physio-Control $69,61650 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 said contracts is hereby authorized SECTION IV That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of y , 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 10762 - Med [tonics SOLE SOURCE-00 etgnnO Mo 4geiica mein Z rate AGENDA INFORMATION SHEET AGENDA DATE November 28, 2000 Questions concerning this acquisition may be directed DEPARTMENT- Materials Management to Gary Matheson 349-7925 ACM Kathy DuBose, Fiscal and Municipal Services V K D SUBJECT An Ordinance providing for the expenditure of funds for purchase of equipment used in explosive device incidents which are available from only one source in accordance with the provision of State Law exempting such purchases from requirements of competitive bids, and providing an effective date (Purchase Order 10771 to Med-Eng Systems Inc in the amount of $15,03200) PURCHASE ORDER INFORMATION. This purchase order is for the acquisition of explosive incident devices including an explosive disposal protective suit, helmet and tool kit This equipment is required for City of Denton personnel to attend the FBI Hazardous Devise School These specific model numbers, available from only one source, are required to be compatible with other North Texas Bomb Squads Single source acquisitions are exempt from the bid process as per Chapter 252 of the Local Government Code RECOMMENDATION. We recommend this purchase order 01771 to Med-Eng Systems Inc, in the amount of $15,03200 PRINCIPAL PLACE OF BUSINESS: Med-Eng Systems Inc Ottawa, Ontario, Canada ESTIMATED SCHEDULE OF PROJECT Delivery of this equipment is quoted to be March 15, 2001 FISCAL INFORMATION- Funding for this equipment is available in Motor Pool Account (727-025-VEHL-9104) The Fire Department will reimburse Motor Pool over a three-year period similar to a vehicle Agenda Information Sheet November 28, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 10771 to Med-Eng Systems Inc 10771 Agenda ATTACHMENT 1 0 0 0 0 0 0 0 0 0 0 00 ri N O O O N N O w to r ul m m 10 W r 0 0 01 a z 1 r O-_ 0 N ' yq m o p~ 0 0 0 0 cn y O O O O F o 0 0 o a s u ~P pC Q O N O O r-1 H H Q O °w J O O w W m l0 Kr r E~ H y X r z W H o a 0 > rn w wo > H N U z r H N r. K a "O v wf4 ~°C r 2 w C D4 m g N a 04 aw o 0" ~o a Q z o N Nn p w H M WI E zariz o N a 0 W o w U W m a [1 (Y) 0 gag H _ z z Q A O X - y a N ,0 id z 0 id z Z n YC O ty N a w w W W Vv O N n a H IC 03 xC ~C v m m x a 4 Z(4'( -3 Kc $3 pyp z z z z QgO„ 8 a o u_ W (D 0 CD 0 W W W N Op ioK m,o d s r o = n» ~~0 O 0) .,om ~OU Ol LL $ lIl a' iy m V~0 v c 14> o z z x z Z~ o ~ amd Nq W r y u $ Oat ~ q E oa.m. c JC H a ~wZ 4a0 4a0 w 4ao 400 x cC O 0 x O O W + •O y HH r+a H rl > • A 4 ¢ H 0) H H 01 W H Ol H H 0) rl U> z w> 4 P 4 x 4 ~ 4 H in r z 04 U4by U4k U46a! U4kx N r H M U J m O 0 o 0 aam a„r as a z H .-I = • H • O H m O H Q O H O O H W a m O]z0 GHO Q"0 QHO OHa r rv a m z W" z U W z U W Z U H Z U W N 0 > r ` m H a $4 > > > d~ oN+ a x O A yy~yJJJ O-'^ 0I O O iS V! bf T p N g' • O W W W to Sw O j z m a' Ln O O O O E m a W Oc q o o O o ma x 1 0 i4. W O O O O w y dmv A o H ?C E N a0 x N O rl .-i rl L w c u 2 rl fr L, 0 7¢ . C• FL- C V 0 Ny Goffigg a z In 0. O W 12 9! u H N m C ri i t7i fD m p O O O O O •`i W Q O O 0 0 0 ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF EQUIPMENT USED IN EXPLOSIVE DEVICE INCIDENTS WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 10771 TO MED-ENG SYSTEMS INC, IN THE AMOUNT OF $15,032 00) 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, electricity, 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 mentioned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION L That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 10771 Med Engineering System, Inc $ 15,032 00 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 said contracts is hereby authorized SECTION IV 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 10771- Mad uumm SOLE SOURCE-00 Agnndo No ®p° 06D Agoodafrem oate...._ it - x~ -oo AGENDA INFORMATION SHEET AGENDA DATE. November 28, 2000 DEPARTMENT. Fire Department CM/DCM/ACM- Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance amending Ordinance No 2000-049 prescribing the number of positions in each classification of Police Officer, renaming certain positions in the classification of `Battalion Chief' for Firefighters and creating new classifications by deletion and reclassification, prescribing the number of positions in each classification of Fire Fighter, providing a savings clause, providing a severability clause, and declaring an effective date of October 1, 2000 BACKGROUND- Civil Service law (143 021 of the Texas Local Government Code) requires that the City Council adopt an ordinance approving the authorized number of Civil Service positions in the Police Department and Fire Department A new ordinance must be adopted whenever there are changes in the number of authorized civil service positions In the past year the Fire Department and Police Department have made several approved changes to their authorized number of positions In addition, the City Council approved the budget for 2000/2001 which adds some positions Therefore, this ordinance amends the last ordinance (2000-049) as follows Fire Department The Fire Chief is allowed by Civil Service law to "appoint" one position without promotional testing, The Fire Chief will appoint one of the existing Battalion Chiefs into the position of Division Chief This ordinance will create the new classification of Division Chief to make that appointment possible The proposed ordinance will also clarify the three classifications of Battalion Chiefs by renaming the existing classification of `Battalion Chief' to "Battalion Chief-Operations" which will clearly reflect the job functions of that classification Although previous actions were taken by the City's Civil Service Commission on October 15, 1998, to create the Civil Service classifications of Battalion Chief-EMS Program Manager, Battalion Chief- Information Services Manager and Captain-Maintenance/Logistics Officer, the positions ordinance was not changed by the City Council to reflect those new classifications Instead, in the previous City Council ordinance listing the number of authorized Civil Service positions, the Battalion Chief-EMS and Battalion Chief -Information Services classifications were lumped together under the Battalion Chief number (4 Battalion Chiefs + 1 Battalion Chief -EMS + 1 Battalion Chief -Information Services = 6) The Captain- Maintenance/Logistics Officer classification was listed under the total Captain positions 1 There was also an addition error in Ordinance 2000-049 in the number of Firefighters The number listed in the ordinance was "60" and should have been "62" based on the authorized positrons in the budget The proposed ordinance will correct that mistake as well as add the four new positrons approved by the City Council for Fiscal Year 2000/2001 (a total of 66 authorized Firefighter positrons) and will clarify the Captain and Battalion Chief classifications by specifically doing the following • Creates one (1) new classification of Division Chief which has been appointed by the Fire Chief in accordance with Texas Local Government Code 143 014 One Battalion Chief will be appointed into that classification, reducing the number of Battalion Chiefs from four (4) to three (3) Therefore the ordinance deletes one of the Battalion Chief positrons This new classification was established by the Civil Service Commission as required by 143 on October 23, 2000, by Civil Service Commission Order #00-23 ° Clarifies the three (3) different classifications of Battalion Chiefs which have been approved by the Civil Service Commission in accordance with Texas Local Government Code 143 021 1 Battalion Chief-Operations - three (3) positrons (established by Civil Service Commission Order #00-24, 10/23/2000) thereby renaming the existing classification of "Battalion Chief " Same people, same classification, new name 2 Battalion Chief-Emergency Medical Services Program Manager - one (1) positron (established by Civil Service Commission Order #98-18, 10/15/98) 3 Battalion Chief-Information Services Manager-one (1) positron (established by Civil Service Commission Order #98-19, 10/15/98) Existing # Proposed Battalion Chief 1 Division Chief 1 Battalion Chief 1 Battalion Chief-Operations 1 Battalion Chief 1 Battalion Chief-Operations 1 Battalion Chief 1 Battalion Chief-Operations 1 Battalion Chief-EMS 1 Battalion Chief-EMS 1 Battalion Chief-Info Ser 1 Battalion Chief-Info Ser 1 6 6 ° Creates the classification of one (1) Fire Captain/Logistics-Maintenance Officer which was approved by the Civil Service Commission (established by Civil Service Commission Order #98-17) This action reduces the number of Fire Captains from twenty-two (22) to twenty-one (21) • Adds four (4) Fire Fighter positrons authorized in the budget for 2000/2001 This action increases the number of Fire Fighters from sixty (60) to sixty-four (64) 2 With these changes, the authorized civil service positions in the Fire Department now total 131 There will be no change in the authorized and budgeted number of Civil Service employees in the Fire Department except for adding the four (4) newly budgeted Firefighter Recruits Police Department: The Police Department is currently authorized a total of 131 sworn positions with 109 police officer and recruit positions In the FY 1999-2000 budget, the Department was allocated funds for the local match of an anticipated Federal COPS Grant for three additional police officers The Police Department did not receive the grant and the budget request included utilizing the local match for one police officer if the grant positions were not received Additionally, the Department recently received a Solid Waste Project grant through the North Central Council of Governments to address litter and illegal The grant includes funding for one (1) full-time police officer to enforce laws related to environmental crimes The Department submitted a grant application for six (6) additional police officer positions through the Federal COPS grant program and the local match was included in the recently adopted 2000-01 budget However, this grant was not received and the local match funding will be used to create two (2) additional police officer positions The addition of the one police officer position from FY 1999-2000, one police officer to replace the police officer assigned to environmental crimes through the grant, and the two additional positions using the grant local match results in the addition of four (4) police officer positions These additions bring the total number of police officer and recruit positions to 113 and total authorized Police Department positions to 135 FISCAL INFORMATION All authorized Fire Department and Police Department positions are funded in the City of Denton Budget 2000/2001 As stated, four additional police officer positions are added to the total authorized strength The funding for three of the positions was included in the adopted FY 2000-01 budget The Solid Waste Program grant provides funding for the other position Therefore, no additional funding is needed Respectfully Submitted A 1'~ Ross Chadwick Gary Matheson Fire Chief Police Chief Attachments Ordinance 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 2000-049 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER, RENAMING CERTAIN POSITIONS IN THE CLASSIFICATION OF "BATTALION CHIEF" FOR FIREFIGHTERS AND CREATING NEW CLASSIFICATIONS BY DELEATION AND RECLASSIFICATION, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND DECLARING THE EFFECTIVE DATE OF OCTOBER 1, 2000 WHEREAS, on February 8, 2000, the City Council passed Ordinance No 2000-049 to implement the recommendation of the Firefighters' and Police Officers' Civil Service Commission of the City of Denton, Texas, upon the recommendation and request of the Director of Civil Service, Denton Police Department and Denton Fire Department, adopting and approving a schedule of Authorized Positions which relates to compensation and classification of police officers and fire fighters, and WHEREAS, since the passage of Ordinance No 2000-049, the Fire Department has determined that this ordinance needs to be amended to more correctly reflect the total number of Fire Department positions That one position of Battalion Chief is deleted and creates the Fire Chief Appointed Position of Fire Division Chief, that three Battalion Chief positions will be renamed as Battalion Chief-Operations (three positions), reclassify one Battalion Chief position to the classification of Battalion Chief-Emergency Medical Services Program Manager (one position), reclassify one Battalion Chief position to the classification of Battalion Chief- Information Services Manager (one position), reclassify a captain position to the classification of Fire Captam/Logistcs-Maintenance Officer (one position), and adds six Fire Fighter positions, WHEREAS, since the passage of Ordinance No 2000-049, the Police Department has determined that this ordinance needs to be amended to more correctly reflect the total number of Police Department positions adds four (4) Police Officer (and Recruit) positions, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance 2000-049 is hereby amended by adopting the schedule prescribing the number of positions for each classification of police officer and fire fighter in the City of Denton, attached hereto and incorporated by reference herein as Exhibit A, is hereby approved SECTION 2 That Ordinance 2000-049 and all prior ordinances or resolutions of the City of Denton, Texas, in conflict herewith are repealed to the extent of any such conflict S \Our Documents\Ordmances\W\Qvil service Determination of Positions fire and police doc SECTION 3 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 2 S \Our Documents\Ordmances\00\Ctvtl Service Determination of Posifions fire and police doc EXHIBIT A ORDINANCE NO CITY OF DENTON SCHEDULE OF AUTHORIZED POSITIONS POLICE DEPARTMENT The Police Department is authorized 135 positions as follows Chief of Police 1 Captain 2 Lieutenant 8 Sergeant 11 Police Officer (and Recruits) 113 TOTAL 135 FIRE DEPARTMENT The Fire Department is authorized 131 positions as follows Fire Chef 1 Division Chief 1 Battalion Chef-Operations 3 Battalion Chief-EMS Manager 1 Battalion Chief-Info Services Manager 1 Captain 21 Captain-Logistics Maintenance Officer 1 Driver 36 Fire Fighter (and Recruits) 66 TOTAL 131 3 Apenda No DP- P60 40eiwa lien 'latb _ AGENDA INFORMATION SHEET AGENDA DATE November 28, 2000 DEPARTMENT. Fire Department Iz- CM/DCM/ACM. Jon Fortune, Assistant City Manager U ` SUBJECT Consider adoption of an ordinance authorizing Assignment Pay for Fire Department employees in the classification of Battalion Chief-Emergency Medical Services Manager, Battalion Chief-Information Services Manager, and Captam-Logistics/Maintenance who are assigned to perform specialized functions on a forty-hour work week in the Fire Department and providing an effective date BACKGROUND The Farr Labor Standards Act (FLSA) states that firefighters must be paid overtime (1 5 times) for every hour worked over 53 in a week based on the jurisdiction's work cycle Therefore the shift employees (those working a 56-hour work week) receive their FLSA overtime (the 3 hours per week) unless they are on sick leave In the past, this additional compensation was figured into their annual compensation It was also considered part of the annual salaries of 40-hour per week employees even though they did not work over 53 hours It served as an incentive to get shift employees to work a regular 40-hour schedule doing very specialized functions such as managing the Fire Department's Information Management Systems, Emergency Medical Services and Logistics/Maintenance Programs This methodology paid both 56-hour and 40-hour employees in the same classification near the same annual salary Chapter 143 of the Texas Local Government states that all Civil Service employees in the same classification must receive the same base pay To clarify the compensation for 56- hour per week employee and 40-hours per week employees, Staff proposes "assignment pay" as the incentive for employees to do specialized functions on a forty-hour work seek, yet still make a salary competitive to those with the capability receive FLSA overtime Using assignment pay keeps the "base pay" the same in each Civil Service classification Chapter 143 042 (b) states that "The governing body of a municipality may authorize assignment pay for fire fighters and police officers who perform specialized functions in their respective functions " Chapter 143 042 (c) further states "The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire or police department " The City has used assignment pay in the past for both the fire and police departments Using the assignment methodology, the Fire Department can make sure that all members in every 1 civil service classification receive the exact same base salary Assignment pay is requested for the Battalion Chief-Information Services Manager ($600 per month), Battalion Chief- Emergency Medical Services Program Manager ($600 per month) and Fire Captain- Logistics/Maintenance Officer ($500 per month) FISCAL INFORMATION. There will be no fiscal impact on the Fire Department's current budget with the proposed assignment pay ordinance since this is just another method of reaching the same approximate annual compensation Respectfully Submitted Ross Chadwick Fire Chief Attachments Ordinance 2 ORDINANCE NO AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION OF BATTALION CHIEF-EMERGENCY MEDICAL SERVICES PROGRAM MANAGER, BATTALION CHIEF-INFORMATION SERVICES MANAGER, AND CAPTAIN-LOGISTICES/MAINTENACE WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS ON A FORTY-HOUR WORK WEEK IN THE FIRE DEPARTMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 143 042 of the Local Government Code authorizes a municipality to pay assignment pay which is in an amount and is payable under conditions set by ordinance, and WHEREAS, the City Manager and Fire Chief having recommended that the Fire Department employee in the classification of Battalion Chief-Emergency Medical Services Program Manager who is assigned to perform the specialized duties of Emergency Medical Services Management on a forty-hour work week schedule should receive assignment pay of Six Hundred Dollars and No Cents ($600 00) per month, and WHEREAS, the City Manager and Fire Chief having recommended that the Fire Department employee in the classification of Battalion Chief-Information Services Manager who is assigned to perform the specialized duties of Information Management on a forty-hour work week schedule should receive assignment pay of Six Hundred Dollars and No Cents ($600 00) per month, and WHEREAS, the City Manager and Fire Chief having recommended that the Fire Department employee in the classification of Fire Captam-Logistics/Mamtenance Officer who is assigned to perform the specialized duties of Logistics and Maintenance of Fire Department apparatus and equipment and supplies on a forty-hour work week schedule should receive assignment pay of Five Hundred Dollars and No Cents ($500 00) per month, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Fire Department employee classified as Battalion Chief- Emergency Medical Services Program Manager who is assigned to perform the specialized duties of Emergency Medical Services Management on a forty-hour work week shall receive assignment pay of Six Hundred Dollars and No Cents ($600 00) per month in addition to the regular monthly salary of Battalion Chief-Emergency Medical Services Program Manager SECTION 2 That the Fire Department employee classified as Battalion Chief- Information Services Manager who is assigned to perform the specialized duties of Information Management on a forty-hour work week shall receive assignment pay of Six Hundred Dollars and No Cents ($600 00) per month in addition to the regular monthly salary of Battalion Chief- Information Services Manager F \shamd\dept\LGL\Our Documents\Ordmances\00WssignmentOrd EMS, Info log 11 7 00 doe SECTION That the Fire Department employee classified as Fire Captain- Logistics/Maintenance Officer who is assigned to perform the specialized duties of Logistics and Maintenance of Fire Department apparatus and equipment and supplies on a forty-hour work week shall receive assignment pay of Five Hundred Dollars and No Cents ($500 00) per month in addition to the regular monthly salary of Fire Captain-Logistics/Maintenance SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT `L /PR`OUTY, CITY ATTORNEY BY / (~w 2 Agenh No ` Oiluw , re:n Oak _ 1 z D _ AGENDA INFORMATION SHEET AGENDA DATE, November 28, 2000 DEPARTMENT: Fire ACM- Jon Fortune, 349-8535 SUBJECT An ordinance of the city of Denton authorizing assignment pay for fire department employees who are assigned to perform specialized functions of Field Training Officer (FTO) in the fire department, and providing an effective date BACKGROUND The duties of the Field Traimng Officer are defined in the medical control contract between Baylor-Grapevine Medical Control and the Denton Fire Department as part of the Continuous Quality Improvement program (CQl) PRIOR ACTION/REVIEW (Council Boards Commissions) This is the first time for Council to review and approve this agreement FISCAL INFORMATION Field Training Officers will receive assignment pay at the rate of $50 per month in addition to the regular monthly salary for their classification in the fire department This was an approved item in the FY00-0I budget BID INFORMATION Not applicable Respectfull repared & submitted Ross Chadwick Fire Chief ORDINANCE NO AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS Of FIELD TRAINING OFFICER IN THE FIRE DEPARTMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 143 042 of the Local Government Code authorizes a municipality to pay assignment pay which is in an amount and is payable under conditions set by ordinance, and WHEREAS, the City Manager and Fire Chief having recommended that the Fire Department employees are assigned to perform the specialized duties of Field Training Officer should receive assignment pay of Fifty Dollars and No Cents ($50 00) per month, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Fire Department employees who are assigned to perform the specialized duties of Field Training Officer shall receive assignment pay of Fifty dollars and No Cents ($50 00) per month in addition to the regular monthly salary for their classification in the fire department 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 BY C / ( "t- Baylor Medical Center at Grapevine EMS Medical Control Introduction: Baylor Medical Center at Grapevine currently provides medical control to several public based EMS providers r, Northeast Tarrant and Southern Denton Counties EMS medical control is provided to the cities of Colleyvdle Euless, Flower Mound, Grapevine, Keller, Lewisville, Richland Hills, Roanoke, Southlake, and Trophy Club The combined population for these nine cities is over 268,110 people Nineteen fully dedicated ambulances and numerous Paramedic Engine Companies (PEC) provide lugh quality emergency medical services The goal of the medical control system is to aid in the enhancement of emergency medical service and to provie access to medical control and educational opportunities to agencies participating in the system This goal is accomplished by Baylor Medical Center at Grapevine providing continuing education, continuous quality improvement (CQI), protocols, and on/off line medical contrdl CQI is a comprehensive program that reviews all aspects of EMS care'and has multiple participants The CQI program is composed of a data base, in-field evaluations, a patient follow-up process, patient satisfaction surveys, new paramedic orientation courses, chart evaluations, incident investigation process, testing standards, and on-line medical control patient report review The CQI process relies on several different participants to make it effective Field Training Officers (FTO), CQI Officers, and the EMS Coordinator and Medical Director are essential to system review and improvement FTOs are selected by the agency and approved by medical control The qualifications that a FTO has are that he/she is a paramedic in good standing with their respective agency and has completed a FTO course that is hosted by Baylor It is recommended that a FTO is a ranking officer and is certified by the Texas Department of Health as an Instructor and Examiner, or is certified by the Texas Commission on Fire Protection as a Basic Fire Instructor or higher FTOs are responsible for conducting chart review, and conducting in-field evaluations The CQI Officer should be a ranking officer within the agency or has been delegated the authority to implement to CQI the process When this person is not a ranking officer, Medical Control will communicate directly to the agency's EMS Coordinator for various issues FTOs are directly accountable to the CQI Officer The CQI Officer is selected by the agency and approved by Medical Control The qualifications that a CQI Officer possesses are that he/she is a paramedic in good standing with their agency and has completed a FTO course that has been hosted by Baylor It is highly recommended that the CQI Officer is a ranking Officer within the agency It is recommended that the CQI Officer is certified by the Texas Department of Health as an Instructor and Exarner or is certified by the Texas Commission on Fire Protection as a Basic Fire Instructor or higher CQI Officers are responsible for all of the FTO roles and compilation, review, forwarding of the data base requirements, chart evaluation, and administering the patient satisfaction survey The EMS Coordinator is employed by Baylor Medical Center at Grapevine EMS Medical Control The EMS Coordinator is accountable to the EMS Medical Director The qualifications that the EMS Coordinator possess is that he/she possess is certified by Texas Department of Health as an Instructor and Examiner It is preferred that the EMS Coordinator also possesses the Coordinator certification The EMS Coordinator is responsible for oversight of the entire EMS medical control program "Responding to the Call of Excellence" 2 Baylor Medical Center at Grapevine EMS Medical Control In-Field Evaluation: A Field Training Officer (new employees) or the mdividuars ranking officer (current employees) will conduct in- field evaluation on each paramedic A field training officer or appropriate officer will evaluate each primary paramedic annually New paramedics in the system will have an evaluation at the six-month anniversary date and at the one-year anniversary date These in-field evaluations should be incorporated or utilized when conducting an annual performance review for the EMS provider The paramedic must obtain a score of "Meets Expectations" or higher and satisfy all absolutes on the evaluation When an improvement opportunity is identified, the CQI Officer and the EMS Coordinator will develop a plan of action The m-field evaluation form will evaluate the following components of EMS duties I Paramedic preparedness II Interaction with other public service entities ~M Patient and family rapport IV Skull technique V Protocol application and implementation VI Interaction with on-line medical control staff VII Interaction at the receiving facility "Responding to the Call of Excellence" 6 AgeRtltl rtl DD-050 AOaka r,e n Oafa ~T~ AGENDA INFORMATION SHEET AGENDA DATE. November 28, 2000 DEPARTMENT: Fire ACM Jon Fortune/ 349-8535 SUBJECT An ordinance of the City of Denton, Texas, approving and authorizing the Mayor to execute an mterlocal ambulance agreement between the city of Denton and Denton County for ambulance services, and declanng an effective date BACKGROUND The mterlocal agreement between the city of Denton and Denton county began in 1980 and provides for a continuation of emergency medical services to designated areas of the county (see attached map) PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council has approved this agreement since 1980 The revisions to the 2000-2001 agreement from last year are 1) The population estimate is based on estimates as of January 1, 2000 provided by the North Texas Council of Governments 2) The number of EMS ambulance calls is based on FY2000 data 3) The coverage area has been reduced to exclude the Lake Cities portion of the county FISCAL INFORMATION Revenue from this mterlocal agreement contributes approximately 27% of the total revenue/cost-recovery monies received for emergency medical services BID INFORMATION Not Applicable Respectfully prepared & submitted Ross Chadwick Fire Chief S wur DocumunbwNmun<MOmombuluoce arvk"cmon coumy do ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Council of the City of Denton hereby approves an Agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporated by reference herein The Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute this Agreement on behalf of the City 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 BY t STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into this day of 2000, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "County" and the CITY OF DENTON, TEXAS, a municipality located in Denton County, Texas, hereinafter referred to as "City" WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, and WHEREAS, City is a municipality engaged in the provision of ambulance service and related services for the benefit of the citizens of the City of Denton, and WHEREAS, this Contract involves governmental functions that each party individually can perform, and WHEREAS, the amount paid by County for this service is to be made from current revenues available to it and that amount fairly compensates City for the services and functions performed by it, and WHEREAS, City is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, or injured and has in its employ such trained personnel whose duties are related to the use of such vehicles and equipment, and WHEREAS, County desires to obtain emergency medical services rendered by City, as more fully hereinafter described for the benefit of the residents of Denton County, Texas, and WHEREAS, the provision of emergency medical services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties, and WHEREAS, County and City mutually desire to be subject to the provisions of V T C A Government Code, Chapter 791, the Interlocal Cooperation Act, V T C A Health and Safety Code, Section 7741003 and other applicable statutes and contracts pursuant thereto, NOW, THEREFORE, County and City for the mutual consideration hereinafter stated agree as follows 1 The effective date of this Agreement shall be the 1" day of October, 2000 5\OUr UOCUmemgCOn4eolMWUnbulnnce PonVYCIKOUmydoc 2 The term of this Agreement shall be for the period of October 1, 2000 to and through September 30, 2001 Each party may terminate this Agreement by giving the other party written notice of intent to terminate 60 days after receipt of such notice 3 As used herein, the words and phrases hereinafter set forth shall have the meanings as follows A "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded, or inured for medical treatment is essential to the health or life of a person or persons Whether the aforementioned circumstances in fact exist is solely up to the discretion of the City For dispatch purposes only, "emergency" shall include, but not be lumted to 1 The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter administered, and 2 The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to the closest medical facility B "Rural area" means any area within the boundaries of Denton County, Texas and without the corporate limits of all incorporated cities, towns, and villages within said County C "Urban area" means any area within said County and within the corporate limits of an incorporated city, town, or village D "Emergency ambulance call" means a response to a request for ambulance service by the personnel of the City in a situation involving an emergency (as such word is heremabove defined) through the instrumentality of an ambulance vehicle Within the meaning hereof, a single call might involve the transportation of more than one person at a time 4 A Services to be rendered hereunder by City are ambulance services normally rendered by City under circumstances of emergency as heremabove defined to citizens of County B The City Fire Department shall respond to all requests for ambulance services made within its designated area of the County, as set out in Exhibit "A", attached hereto and incorporated by reference herein Page 2 of 6 S Our Neu lnuu\NnuruCU~nubu I ane ennu,cii mntYdnn C It is recognized that the officers and employees of City have duties and responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the sole discretion of the officers and employees of the City to determine priorities in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination 5 The County shall designate the County Judge to act on behalf of the County and to serve as "Liaison Officer" between County and City The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated, devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this Agreement, and provide supervision of County's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms, and conditions of this Agreement for the mutual benefit of County and City 6 City shall ensure the performance of all duties and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of City in full compliance with the terms and conditions of this Agreement, and shall provide immediate and direct supervision of City's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms, and conditions of this Agreement for the mutual benefit of County and City 7 For the services hereinabove stated, County agrees to pay the City a fee of $270,370 94 based on a funding formula as follows First, the readiness sum is 6450 per capita based on population, for a maximum of $52,962 10 Second, a sum of $435 00 per ambulance run, for a maximum of $100,920 00 This sum is based upon the number of runs made by City in fiscal year 2000 Third, a fixed sum based on size of covered rural area, for a maximum of $116,488 84 The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments The second sum is based upon the definition of an ambulance call for purposes of this Agreement An ambulance call is defined as treatment and transport of a patient to a medical facility Payment shall not be allowed for instances in which a patient is not transported Consistent with the reporting procedures described below, City shall receive payment, regardless of the service delivery area in which the call originated Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the County, accompanied by copies of patient admission/registration forms as provided by a hospital or medical facility It shall be the responsibility of the City to fully complete the forms and to provide complete and accurate patient information Requests for payment shall be submitted timely, that is, within five (5) days of the performance of service by the City Requests not timely submitted shall not be considered for payment Requests for payment may be submitted by personal delivery, U S mail, facsimile, or computer telephone link to the office of the Denton County Fire Marshal The date of submission shall be the date the fully documented request is received in said office Page 3 of 6 S Dr 00numullSConlsecls\CGYnlbuiuectonncif un1y E0c By the signature of its duly authorized official hereto, the County assures the City that the County Auditor has certified that sufficient funds are available within the current County budget to make all payments and meet all the financial obligations of this Contract and these funds are available to pay the obligation when due in accordance with Section 111 093(c) of the Local Government Code V T C A 8 County agrees to and accepts full responsibility for the acts, negligence, and or omissions of all County's officers, employees, and agents 9 City agrees to and accepts full responsibility for the acts, negligence, and or omissions of all City's officers, employees, and agents 10 In the event of any default in any of the covenants herein contained, this Agreement may be forfeited and terminated at either party's discretion of such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this Agreement terminated Unless the default is cured as aforesaid, this Agreement shall terminate as if that were the day originally fixed herein for the expiration of the Agreement 11 This Agreement may be terminated at any time by either party giving 60 days advance notice to the other party In the event of such termination by either party, City shall be compensated pro rata for all services performed to terminate date, together with reimbursable expenses then due and as authorized by this Agreement In the event of such termination, should City be overcompensated on a pro rata basis for all serviced performed to termination date and/or be overcompensated reimbursable expenses as authorized by this Agreement, then County shall be reimbursed pro rata for all such overcompensation Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise anse out of this Agreement 12 The fact that County and City accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law Neither City nor County waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims ansmg from the exercise of governmental powers and functions Page 4 of 6 s wur Ooamem.wonigeObUrmbulusa wnmrcisoumr a« 13 This Agreement represents the entire and integrated agreement between City and County and supersedes all prior negotiations, representations, and/or agreements, either written or oral This Agreement may be amended only by written instrument signed by both parties 14 This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas 15 In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible 16 The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions or ordinances extending said authority have been duly passed and are now in full force and effect EXECUTED in duplicate originals, this the day of 2000 COUNTY CITY DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS 110 WEST HICKORY 215 EAST MCKINNEY DENTON, TEXAS 76201 DENTON, TEXAS 76201 BY BY Kirk Wilson Eulme Brock Denton County Judge Mayor Acting on behalf of and by Acting on behalf of and by The authority of DENTON COUNTY the authority of the CITY OF DENTON, Commissioners Court of Denton TEXAS County, Texas Page 5 of 6 S 1Ou[NCUmenl[\COI1VeN10%unlhulunCe[wl ttl ounly do[ ATTEST ATTEST BY BY Cyntlua Mitchell Jennifer Walters Denton County Clerk City Secretary APPROVED AS TO FORM APPROVED AS TO FORM BY BY -L Assistant District Attorney Herbert L Prouty / City Attorney APPROVED AS TO CONTENT APPROVED AS TO CONTENT BY BY Denton County Fire Marshal Fire Cluef Page 6 of 6 EXHIBIT Denton County EMS Districts f~ Planning 010§ O) L~ @(Y O Uf Hyt ( u.r,..... p w Hlowy n1 ti _J L N awy my m ~1 ~ N suww xI,pYW Vlll w ~J y 1 RYI lmu 4mINe Ianu 11N Iln6Clm Cwh Cwxy K ~u ww wle, rY., Y pIW PqM, 0.ren T rva fb~wMwM SauYYY, 1 ]11 MWm! iMCO4q 1f \ Pryly Clun oeo aw aw o.n. w 1 227760 , I iHCL ~ 3 5 mYlee 9i ERRI EEEEEI 0,1 y _ w,x u, Denton County Geographic _ 31, } - „ Information ( l wM Systems agenda N10~0 06 Agoiiila ~,t rn AGENDA INFORMATION SHEET Oats z AGENDA DATE: November 28, 2000 DEPARTMENT: Police ACM: Jon Fortune SUBJECT A resolution of the City of Denton, Texas, authorizing the donation of body armor which no longer has value to the City of Denton to North Central Texas College and to the Rotary Club of Denton, and providing an effective date BACKGROUND The Police Department received funding under the 1999 Federal Bulletproof Vest Partnership grant program for the purchase of body armor for police officers The funding was used to purchase replacements for vests that were purchased by the Department over five years ago As a result, the Department now has sixty-six vests that will not be used by Department personnel because of the extensive wear and the expiration of the manufacturer's suggested warranty Therefore, these replaced vests are of no value to the Department and it is the Department's desire to dispose of them North Central Texas College (NCTC) provides a comprehensive Criminal Justice Program that is designed to satisfy the basic police academy requirements specified by the Texas Commission on Law Enforcement Standards and Education NCTC representatives have requested ten (10) of the replaced vests to use in training exercises for the sole purpose of providing the students as realistic an experience as possible NCTC will utilize the vests for training purposes only Councilmember Burroughs has recommended that the City consider donating used equipment that is no longer of value to the City to foreign jurisdictions that do not have the resources to acquire such equipment The Department intends to donate the remainder of the replaced vests to the Rotary Club of Denton for distribution to law enforcement agencies in foreign countries The Resolution specifies that the vests will he used by law enforcement personnel only OPTIONS: 1 The City Council can choose to adopt the Resolution and donate the vests to North Central Texas College and the Rotary Club of Denton i 2 The City Council can choose not to adopt the Resolution and direct the Department to dispose of the vests in another manner RECOMMENDATION: Staff recommends adoption of the Resolution 1 The donation of the vests to the Rotary Club of Denton for distribution to foreign law enforcement agencies will provide valuable protection for law enforcement officers that they would otherwise be denied 2 The donation of the vests to NCTC will enhance the training of future law enforcement officers PRIOR ACTION/REVIEW: The donation of the vests has been reviewed and approved by the City Legal Staff FISCAL IMPACT: The replacements have already been purchased using the Federal grant funding and the local match that was included in the 1999-2000 budget Representatives of the organizations will be responsible for the transport the vests to their destinations, thereby eliminating any associated freight or delivery charges Therefore, there is no resulting fiscal impact Respectfully submitted, ID ) /9-0-07 VC AA Gary L Matheson Chief of Police Prepared by 911 Joame Housewright Captain Support Operations Division S~ qr DacummuVtbolu~mnM%VenPonevanRealmbnpunry Eac RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE DONATION OF BODY ARMOR WHICH NO LONGER HAS VALUE TO THE CITY OF DENTON TO NORTH CENTRAL TEXAS COLLEGE AND TO THE ROTARY CLUB OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton is the owner of certain body armor that have been previously used and replaced and is in various states of repair and disrepair and such body armor is no longer of any value to the City of Denton, and WHEREAS, the North Central Texas College is in need of body armor for training purposes only and has agreed that the armor will be used for training purposes only, and WHEREAS, the Rotary Club of Denton is a non-profit organization who will donate the body armor to police departments of foreign cities for law enforcement purposes only, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City of Denton, Texas, certifies that the body armor which has been replaced is not of any value to the City of Denton SECTION 2 That the City Council authorizes and directs the City Manager, or his designee, to represent and act on behalf of the City of Denton and to donate ten (10) body armor vests to North Central Texas College with the agreement that the body armor will only be used for training purposes SECTION 3 That the City Council authorizes and directs the City Manager, or his designee, to represent and act on behalf of the City of Denton and to donate a number of the remaining body armor vests to the Rotary Club of Denton, Texas, in consideration agreeing to donate the body armor to foreign cities for use by law enforcement officers only SECTION 4 That this resolution shall become effective immediately upon its passage and approval S Wur oocummwV cw]Wtl MONVMWutionR luuonR tm M 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 1 LGe Page 2 of 2 Agenda No. AGENDA INFORMATION SHEET Agenda Ite Date 1 AGENDA DATE: November 28, 2000 DEPARTMENT- Engineering & Transportation CM/DCM/ACM. Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving an agreement between the City of Denton and Denton Country Club, formerly known as the New Denton Country Club, relating to the purchase of a public utility easement, sanitary sewer casements and temporary construction easements in the F Daugherty Survey, Abstract Number 348 and the G Daugherty Survey, Abstract Number 351, Denton County, Texas and other considerations regarding the pending Graveyard branch Sanitary Sewer Project, authorizing the expenditure of funds therefore, and providing an effective date BACKGROUND Staff has been in recurring dialogue with the officers of Denton Country Club since the inception of the slated sanitary sewer project in the Fall of 1999 In March of this year we formally met the DCC officers and went over the project in abroad based perspective At that time City staff and our project design firm had not yet finalized out the specific alignment of the proposed sanitary sewer line The selection of the alignment is a detailed process requiring analysis of topographic impact (surface), depth of cuts (construction logistics), natural and man-made obstacles, nominal land values and impact of project to the land, and overall length of the project These items makeup the major components of such a study The task at hand is to minimize the cost of the overall project by selecting an alignment that inherently minimizes each component and still adhere to sound engineering practices and good form Over the course of the next several months we have furthered our dialogue with the Denton Country Club with several meetings at the site and worked out an acceptable alignment scenario through their property so as minimize the impact to the playable area, however, we will be affecting play periodically for a few months We are striving to complete the section of sanitary sewer line within the playable area during the months of November and December 2000 and January 2001 These three months are typically the time of year in which golfing activities are lower than other times of the year The DCC General Manager, Stan Becker, has indicated the with the mild winters we have experienced in the last few years the DCC has not seen a significant reduction in play through those months, as he has seen in prior years with colder weather Early on, our approach with DCC has been to work cooperatively with them on this matter with the understanding that we would balance the public's interests with the project impacts to the golf course in a fair and equitable manner, tempered by the public necessity of the sanitary sewer infrastructure 1 In our most recent meeting we have come to terms on all of the identifiable issues and have included some nominal contingencies for unknown factors The attached draft agreement still requires some additional verbiage regarding "Right-of-Entry" for the pending project In addition, the language in the easement documents are also being revised in respect to future entry to the easements and how that would be coordinated with DCC It is anticipated that the final versions of all the documents will be distributed at the City Council meeting along with a cost breakdown specific to components of reimbursement and easement pricing RECOMMENDATION Staff supports approval of the agreement PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council closed session briefing on October 17, 2000 FISCAL INFORMATION $40,920 total easement value, plus $188,216 protect impact mitigation to the course(restoration etc plus $72,944 lost play and concession for a 20 day of shutdown of course There is also a $30,400 contingency amount ($3,800 per day, maximum of 8 days) for additional days in which play and concession could be affected e~ ect y d Jerry Clark, Director Prepared by Engineering & Transportation A09; Paul Williamson Right-of-Way Agent 2 LOCATION MAP GRAVEYARD BRANCH EASEMENTS Denton Country Club 3 s wo~wQUnow~o„mocc osoi aa. ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTRY CLUB, FORMERLY KNOWN AS THE NEW DENTON COUNTRY CLUB, RELATING TO THE PURCHASE OF A PUBLIC UTILITY EASEMENT, SANITARY SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS IN THE F DAUGHERTY SURVEY, ABSTRACT NUMBER 348 AND THE G DAUGHERTY SURVEY, ABSTRACT NUMBER 351, DENTON COUNTY, TEXAS AND OTHER CONSIDERATIONS REGARDING THE PENDING GRAVEYARD BRANCH SANITARY SEWER PROJECT, 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 authorized to execute an Agreement between the City and Denton Country Club, in substantially the form of the Agreement which is attached hereto ands made a part of this ordinance for all purposes for the purchase of a public utility easement, sanitary sewer easements and temporary construction easements and other considerations regarding the Graveyard Branch Sanitary Sewer Project SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERTy~~TY,C ATTORNEY BY "1 AGREEMENT AGREEMENT dated 2000 between the City of Denton ("City") and Denton Country Club, f/k/a The New Denton Country Club, Inc. ("Owner"). WITNESSETH: Whereas, Denton Country Club ("Owner") is the owner of certain land in Denton County, Texas which is being affected by the public improvement project called Graveyard Branch Sanitary Sewer ("Project"); and Whereas, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the installation of the proposed sanitary sewer line and appurtenances; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. For the purposes of this agreement the Halff Associates draft construction plans dated August 2000, sheets P6, P7, P8, P9, P10 and Pll are attached hereto as "Exhibit A" and made a part hereof by reference (the "Plans") The station numbers referenced in this Agreement refer to station locations set forth on the Plans. 2. At closing, the City shall pay OWNER $45,000 as payment in full for the restoration of all of the affected cart paths within the playable area affected by the Project and concrete rip-rap located in the proximate area of Station 78+84.15 manhole. The City and/or sanitary sewer line contractor shall be responsible for removing and disposing of all construction materials and construction waste products, including but not limited to affected cart path material. The $45,000 shall be deemed adequate consideration for not only rebuilding the impacted cart path and concrete rip rap area but also as full consideration for management, overhead, and warranties associated with the Owner's request to solely manage cart path restoration Page 1 5 3. At closing, the City shall pay the Owner $36,153 as payment in full for the restoration of all grass turf features within the playable area affected by the Project. The City and/or sanitary sewer line contractor shall leave area impacted by the Project at the same grade of the adjacent undisturbed areas along the sewer line traverse. The final six inches of fill within the playable area (Station 75+11 84 to Station 90+28.48) shall be select topsoil free from gravel, rocks and debris. The $36,153 shall be deemed adequate consideration for not only reestablishing the turf grasses within the playable area but also as full consideration for management, overhead, and warranties associated with the owner's request to solely manage turf grass restoration within the playable area. The $36,153 amount also includes revisiting future potential subsidence issues within the playable area. 4. At Closing, the Owner shall grant a permanent sanitary sewer easement described in "Exhibit B" and a permanent public utility easement described in "Exhibit C" and a temporary construction easement described in "Exhibit D" all attached herewith for the stipulated sum total of $40,920 in their entirety. In addition, the Owner shall furnish the City a release from Terrell W King and wife Nancy L. King for the tract conveyed to Denton Country Club by Cash Warranty Deed recorded in Volume 4331, Page 2423 of the Real Property Records of Denton County, Texas specifically as it relates to the Restriction #1 cited as follows- "No construction of improvements without the express written consent of GRANTOR,", in addition the Owner shall satisfy all closing requirements in relation to subordination of any liens affecting the permanent easements and temporary construction easement tracts, 5. As additional consideration, at closing, the City shall pay the sum of $25,000 to mitigate the impact of construction activities along the Brush Creek Road corridor, including the reestablishment of any fencing and trees, all at the sole cost and discretion of the Owner rage 2 6. The City shall specify and require that the sanitary sewer line contractor work expeditiously to complete the proposed sanitary sewer line within the boundaries of the playable areas from Station 75+11.84 to Station 90+28.48. The timing of the work within the playable area shall commence on Monday, November 27, 2000 and the contractor shall work and be mobilized within the playable area only on the following days: November 27, 28, 29, 30 and December 4, 5, 6, 7, 11, 12, 13, 14, 18, 19, 20, 21, 26, 27, 28, all in the year 2000, and January 2, 3, 4, 8, 9, 10 , and 11, in the year 2001 The contractor shall be required to remove and demobilize all construction materials and equipment from within the limits of the playable areas on the following dates. December 1, 2, 3, 8,9, 10, 15, 16, 17, 22, 23, 24, 25, 29, 30, 31 all in the year 2000, and January 1, 5, 6, 7, in the year 2001. Demobilizing shall include removal of all construction materials and equipment, however the silt fence to be established along the outer limits of the permanent and temporary construction easements shall remain until its removal is deemed necessary by either the City or Owner. The silt fence shall be installed along the outer limits of the permanent and temporary construction easements within the playable area (Station 75+11.84 to Station 90+28.48) and the contractor shall not exceed the limits of the permanent and temporary construction easements within the playable area. The contractor shall only use a specified area adjacent to the Owner's land to the west, within the Mathew's tract to store materials and equipment and shall only be allowed access to the work within the playable areas from Brush Creek Road at Station 75+11.84 and from the adjacent Mathew's tract at Station 90+28.48 Should formidable weather conditions hinder the sanitary sewer line contractor from performing the abovementioned work within the above specified dates then the City shall negotiate additional work days with the Owner at Owner's discretion, but at no additional cost to the City, so long as those additional work days occur within the month of January 2001. 7. In lieu of boring, the City shall pay the Owner $50,000 for construction impact to the Cottonwood tree at the #2 green. This consideration shall be deemed as full payment for not only impact to the Page 3 7 Cottonwood tree but also to the ancillary impact of construction operations to the toe of the sand trap at the #2 green and the creation of a temporary #2 green during the construction project. Removal and replacement of the Cottonwood tree shall be at the sole expense and discretion of the Owner. The City and/or its contractor shall install T-posts on 8 foot centers from Station 87+00 to Station 88+40 delineating the tree/sand trap area from the scope of the sewer line installation area The T-posts shall remain until removal is deemed necessary by either the City and/or Owner. 8. The proposed manholes at Stations 78+84 15 and 83+48.12 shall be installed flush with the existing terrain, all other proposed manholes shall be within 1 foot of existing grade within the limits of the Owner's tract The City shall install identifying signage at all manhole locations within the Owner's affected tract save the above mentioned manholes located within the playable area 9. There shall be no bench cuts or angle of repose trenching within the playable area (Station 75+11.84 to Station 90+28.48) any only vertical wall trenching shall be allowed in the playable area using the appropriate trench safety measures associated with a typical installation 10. The City shall pay the owner $32,063 for replacement of all irrigation lines to be affected by the installation of the sanitary sewer line The City shall make every effort to mark, identify, and record the location those irrigation lines impacted by sanitary sewer line construction which are discovered during the scope of construction activities and relay that information to the Owner It shall be the sole responsibility of the Owner to insure that the water irrigation lines are all functional and operable, prior to, during and after the installation of the sanitary sewer main. The payment amount of $32,063 shall include not only the cost of labor and materials but also shall be deemed as full consideration for management, overhead, and warranties associated with the Owner's request to Page 4 S solely restore irrigation water lines and appurtenances. 11. The City shall pay the Owner $72,944 as additional consideration to compensate for revenue losses for the duration of the pending Graveyard Branch Sanitary Sewer Project, specifically as the project precludes golf play within the playable area during the construction days stipulated in Paragraph 7. For the purposes of this Agreement, Mondays are not calculated as a playable day since the course is typically closed on Mondays Weekday play considered impacted is on Tuesdays, Wednesdays and Thursdays, leaving Friday, Saturday and Sunday as playable days in which the Contractor shall be demobilized from the playable area. Should the City request additional workdays within the playable area beyond the total specified number of actual days occurring on Tuesdays, Wednesdays and Thursdays, notwithstanding inclement weather, then the City shall pay an additional sum of $3,800 for each additional day construction activities occur on Tuesdays, Wednesdays and Thursdays, so long as the additional work days do not extend beyond the month of January 2001 Should inclement weather require that the actual number of workdays within the playable area occurring on Tuesdays, Wednesdays and Thursdays be shifted forward in time, then those additional calendar days shall be granted at no additional costs, so long as those additional calendar days all occur within the month of January 2001. The number of available weekdays occurring on Tuesdays, Wednesdays and Thursdays after the days stipulated in Paragraph 7, in January 2001, is eight (8) days, therefore, barring inclement weather, the total additional costs for non-weather related construction delays shall not exceed 8 days times(x) $3,800 or $30,400. 12 Verbiage relating to the Right-of-Entry agreement and DCC charter provisions regarding sale of real property(provisions and contingencies(friendly condemnation?)) 13. The stipulated total sum of $302,080 shall be paid to the Owner through First American Title Company, 300 North Elm Street, Denton, Texas, 75201 and any other Page 5 costs associated to the transaction shall be paid specifically by the City. The closing and funding of the transaction shall occur within 15 days of the execution of this agreement. 14. 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 15. 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 DENTON COUNTRY CLUB CITY OF DENTON BY- BY: Michael W Jez TITLE: City Manager Acknowledgment THE STATE OF TEXAS, COUNTY OF DENTON, This instrument was acknowledged before me on 2000 by Michael W. Jez, City Manager, City of Denton, Texas. Notary Public, in and for the State of My Commission Expires Acknowledgment THE STATE OF TEXAS, COUNTY OF DENTON, This instrument was acknowledged before me on 2000 by Denton Country Club. 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For the purposes of exercising its rights, the City shall have access to the easement by way of existing public I~ EXHIBIT "B"(contd.) property or right-of-way and not from other lands owned by Grantor outside the permanent easement 5 Trees and Landscaping Grantor shall not plant any tree upon the permanent easement property. City may cut, trim, or com- pletely remove any trees or portions of trees now or hereafter lo- cated within the easement without liability to Grantor including the obligation to make further payment to Grantor Grantor may plant shrubs, vines, grass, or install irrigation systems and other system landscape features within the permanent easement, but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is necessary construct, reconstruct, replace, repair, alter, relocate, operate its utilities or otherwise exer- cise its rights herein without any liability to Grantor including the obligation to make further payment to Grantor. Any area dis- turbed during construction shall be needed by the City as per City of Denton project specifications Subsidence associated with said construction will be repaired by the City of Denton in a timely manner 6 Crops The payment herein made includes any damage or lose to crops sustained in the future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted 7 Grantor's Rights Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein a Neither party has made any representations or promises outside the written provisions of this easement document relating to the subject matter of this easement document 9 Successors and Assigns Thin grant shall run with the land and shall be binding upon the parties and their heirs, succes- sors and assigns Witness my hand, this the _ day of , 2000 By Name Titles ACKNOWLEDGMENT THE STATE OF S COUNTY OF This instrument was acknowledged before me on 12000 by Name Notary Public, in and for the State of _ My Cmmissian Expireas , EXHIBIT "B"(contd.) Accepted this day of 2000 for the City of Denton, Texas (Resolution No 91-073) By: Paul Williamson Right-of-Way Agent AFTER RECORDING RETURN TO: City of Denton 221 N Elm Street Denton, Texas 76201 ATTN Paul Williamson I~ EXHIBIT "Blcontd.) EXHIBIT "A" Public Utility Easement Parcel No 7A-1 FIELD NOTES of a 30 foot wide public utility easement lying and being situated in the F Daugherty Survey, Abstract Number 348, Denton County, Texas, and being a portion of that 113 45 Acre tract described as First Tract in the Deed recorded in Volume 499, Page 139 all of the Deed Records of Denton County, Texas, and being more particularly described as follows COMMENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "Halff Assoc, Inc " hereinafter referred to as "with cap" set for the Northeast comer of the beforementioned 5 0 Acre tract, same being in a West line of the beforemenuoned 113 45 Acre tract, THENCE North 00 degrees 01 minutes 45 seconds East for a distance of 768 70 feet to a point for comer, THENCE North 89 degrees 35 minutes 49 seconds East for a distance of 953 00 feet to the PLACE OF BEGINNING of the herein described tract, THENCE North 89 degrees 35 minutes 49 seconds East for a distance of 779 63 feet to a point for comer, THENCE South 00 degrees 07 minutes 56 seconds East for a distance of 30 00 feet to a point for comer, THENCE South 89 degrees 35 minutes 49 seconds West for a distance of 798 83 feet to a 1/2 inch iron rod with cap set for corner, THENCE North 32 degrees 24 minutes 16 seconds East for a distance of 35 69 feet to the PLACE or BEGINNING containing 23,667 square feet or 0 544 Acres of land, more or less Basis of Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Julian day 013 of 2000 from ARLINGTON RRP CORS ARP, PID No AF9536 Convergence angle at ARLINGTON RRP COBS ARP is +00 degrees 47 minutes 06 8 seconds " tE OF TF yr,P.pEOiE~rq~a ylyN JERRY L LEH 9897 I 0 a R N FO si°N'~ A 'ry0S R ~riII 20 EXHIBIT "B"(contd.) EXHIBIT 'B' i X1007564 PARCEL 07A-1 FIRST STATE J. DEVELOPMENT CORPORATION (PUE) VOL 974 P0.961 , DAA C.T TIT KING VOL 358 P0. 519 DAD C.T SI IRS 4 20 TEMPORARY J SER CT Np,116 A~ S69S5 f99 ~l 79853 1189 35 49-E PB / I 779 65 , PLACE OF BEGINNING / 17817 SQUARE fEETMON70511 ACRES N912116E %a. SIR 55 69 / /a / 11111 ~ 11111 111 N09 35'49-E 111 95100 111 SIR ~ Y./, SR / ~ n11GNER~p 3o a q EY a MEN DENTON COUNTRY CLUB VOLUME 199 PACE 179 / F T RPG DA0C7 P✓~ ~~hl h swl I sw I I I NO 01 45 E -r I I I TAUB OF BEARING IS NA067 (19951 TEXAS STATE PLANE NORTH CENTRAL 766 70 s• 1, 1H ZONE 142021 ASOSSERVEO BY OP5 ON d IAN DAY 013 OF 2000 FROM ANLINOTON NW CORS ARP FONG. W9576 CONVERGENCE ANGLE AT ARLINGTON RPP CORS ARP IS a00 DEGREES 47 MINUTES 06 B SECONDS MOffR96 M00 97117 enb RP.R O CT I I I pAU~HTRNO 351RVE V, SIR A~STRA PLACE OF III COMMENCEMENT III III III EXHIBIT SHOWING A PUBLIC UTEITY EASEMENT NEW 'DENTON COCOUNTRY CLUB 0 F TE A 117.45 ACRE TRACT OF LAND P GYaiF9 d' h e s s SITUATED N THE IF oAUCIeRrr swver ABSTRACT NO 540 JERRY L L IN THE CITY OF DENTON, DENT ON COUNTY, TEXAS 9~ 3 9 e d O PROaGT1 OMVEYMD IAWARY NEW / CITY OF DENTON y PF .4 E D EAfuCET ACaW71pN ARW ELM SWAN RAT OR 0" AM R yD DAm svT ro, eo9D Ava un 6 Iq lilHalffAssoriates Inc OF1 eC r. 2W AEaaraae WY9Y6R FLG e716PC7AAGN PAE 1! EXHIBIT "C" SANITARY SEWER EASEMENT THE STATE OF TEXAS, S S KNOW ALL NEW BY THESE PRESENTS: COMITY OF DENTON $ THAT Denton Country Club f/k/a/ The New Denton Country Club, Inc (Grantor), in consideration of the payment of the sum of Twenty Six Thousand Nine Hundred and Ninety Three Dollars and Twenty Three Cents ($26,993 in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and conveys to the City a sanitary sewer easement across the real property owned by Grantor, as described in EXHIBITS °A^, Parcel 7A- 2 and Parcel 78 illustrated in EXHIBITS "B", Parcel 7A-2 and Parcel 7B attached to and incorporated into this document by reference The grant made includes and is subject to the following= 1 Purpose This easement grants to the City the right to construct, install, reconstruct, repair, relocate, operate, and maintain sanitary sewer lines, facilities and appurtenances, in, on, over, under and across the permanent easement 2 Building and Structures Grantor shall not construct, erect or place any buildings, signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement The City will replace or repair any sidewalk, parking lot, or driveway that exists on the easement on the date of execution of this instrument if removed or damaged by the City during the initial construction of the sanitary sewer line If the Grantor constructs or places buildings, signs, parking lots, driveways, private walkways, or other structures or improvements over the permanent easement after execution of this easement document, the City may remove all or part of the structures and improvements as necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor including the obligation to make further payment to Grantor 3 Fences and Gates If necessary to remove or relocate any fence or gate during the initial construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City of Denton expense After completion of the initial construction, the city shall reinstall any fence or gates initially removed or relocated to their original locations The Grantor, but not the City, may construct new fences and gates on the permanent easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement Any fences placed across the easement shall contain gates or removable panels so that the easement is readily accessible by the City's employees and agents at all times If the gates are to be kept locked by Grantor, the City shall be provided the keys or other means, as applicable, so that the City may open all locks for access without prior notice to Grantor. 4. Access For the purposes of exercising its rights, the City shall have access to the easement by way of existing public property or right-of-way and not from other lands owned by Grantor outside the permanent easement - 22 EXHIBIT ,"C"(contd.) 5 Trees and Landscaping Grantor shall not plant any tree upon the permanent easement property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor including the obligation to make further payment to Grantor Grantor may plant shrubs, vines, grass, or install irrigation systems and other system landscape features within the permanent easement, but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is necessary construct, reconstruct, replace, repair, alter, relocate, operate its sanitary sewer facilities or otherwise exercise its rights herein without any liability to Grantor including the obligation to make further payment to Grantor Any area disturbed during construction shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said construction will be repaired by the City of Denton in a timely manner 6 Crops The payment herein made includes any damage or lose to crops sustained in the future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted 7 Grantor's Rights Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein 8 Neither party has made any representations or promisee outside the written provisions of this easement document relating to the subject matter of this easement document 9 Successors and Assigns This grant shall run with the land and shall be binding upon the parties and their heirs, successors and assigns Witness my hand, this the _ day of , 2000 Hy: Name Title ACKNOWLEDGMENT THE STATE OF 5 COUNTY OF S This instrument was acknowledged before me on 2000 by Name Notary Public, in and for the State of _ My Ccamissicn Expires: 00093 EXHIBIT "C"(contd.) Accepted this day of 2000 for the City of Denton, Texas (Resolution No 91-073) By$ Paul Williamson Right-of-Way Agent AFTER RECORDING RETURN TOs City of Denton 221 N. Elm Street Denton, Texas 76201 ATTN Paul Williamson EXHIBIT "C"(contd.) EXHIBIT "A" Permanent Sanitary Sewer Easement Parcel No 7A-2 FIELD NOTES of a 25 foot wide permanent sanitary sewer easement lying and being situated in the 0 Daugherty Survey, Abstract Number 351 and the F Daugherty Survey, Abstract Number 348, Denton County, Texas, and being a portion of that 5 0 Acre tract described as Third Tract in the Deed recorded in Volume 499, Page 139, and also being a portion of that 113 45 Acre tract described as First Tract in the Deed recorded in Volume 499, Page 139 all of the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "Halff Assoc, Inc " hereinafter referred to as "with cap" set for the Northeast corner of the beforementioned 5 0 Acre tract, same being in a West line of the beforementioned 113 45 Acre tract, THENCE North 47 degrees I1 minutes 51 seconds East departing the beforementioned comer and West line for a distance of 430 80 feet to a 1/2 inch iron rod with cap set for comer, THENCE North 69 degrees 33 minutes 31 seconds East for a distance of 462 58 feet to a 1/2 inch iron rod with cap set for corner, THENCE North 32 degrees 24 minutes 16 seconds East for a distance of 344 66 feet to a 1/2 inch iron rod with cap set for comer, THENCE North 89 degrees 35 minutes 49 seconds East for a distance of 29 74 feet to a 1/2 inch iron rod with cap set for comer, THENCE South 32 degrees 24 minutes 16 seconds West for a distance of 369 18 feet to a 1/2 inch iron rod with cap set for comer, THENCE South 69 degrees 33 minutes 31 seconds West for a distance of 466 04 feet to a 1/2 inch iron rod with cap set for comer, THENCE South 47 degrees 1 I minutes 51 seconds West for a distance of 670 71 feet to a 1/2 inch iron rod with cap set in the West line of the beforementioned 5 0 Acre tract for comer, THENCE North 00 degrees 48 minutes 29 seconds West with the beforementioned West line for a distance of 33 64 feet to a 1/2 inch iron rod with cap set for comer, THENCE North 47 degrees 11 minutes 51 seconds East departing the beforementioned West line for a distance of 222 35 feet to the PLACE OF BEGINNING containing 37,079 square feet or 0 851 Acres of land, more or less "Basis of Beanng is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Julian day 013 of 2000 from ARLINGTON RRP CORS ARP, PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is +00 degrees 47 minutes 06 8 seconds " tEOF re P.~~oiur~ro rf JERRY L LEH ~i 3897 pd/r 810.e`,~ V ~O S av~~ ,~p0 gllq 25 EXHIBIT "C"(contd.) 'ST UX FIRST STATE DEVELOPMENT COPPORATION VOL 3555m 519 PHIP VOL. 9975 P4 61 ET OAA C T DM C.T SURVEY, off'/~i EXHIB7 'B' J q R c6 NO 116 /%~i PARC SSE) A-2 PBS P ~i A 5R N59 75194 / Val 29 TI / 1 ] 9 2e 16 ■ ~L 1 N32 2116 E 711 661 11 SURVEY, 1 PUGNERNo 3~g ~I2 ER ~I7 SR / F D~ RPGT 469 77 ]I'E 16255 / NEW DENTON COUNTRY CLUB VOLUME 49% PACE 179 ' `2y TEMPORARY DADP-T / CONSTROCTION ESMT y ;69 33 31 W ]7 019 S,' WENIFEET SEWER $51 ACRES T / 6AA 04 Ye SIR ]R h` II Yp, S' 25 1 1 N47 11'51-E 170 50 I PLACE OF 1 471151IT BEGINNING TB" 1 67011 I Mot Then bveetmenb 1 N.YA 01C T12 OOSER v~ 'BASIS OF BNADS] 09971 TEAS STATE PLANE NORTH CENTRAL TONE 112021 AS BY CPS LIA NO AF953 ,N DAY 013 OF LI 2000 FROM RARLINGTON S ARP IR COBS ARP M 5 NO AF9575 HVOOENCE ACE ANGLE AT T ARLINGTON PPP C0115 ARP S .00 DEGREES 511 G ID GO- 22235'' FR SR 1 ~2 ER \17 MINUTES % 06A 5 SE EEEDNO$ R N0/5205 9W I, \ 3364 EXHIBIT SHOWING A PERMANENT SANITARY SEWER EASEMENT NEW D0ENOTON 10OU1TRY CLUB 'S1 p p7 s T F,yTF+ A LID ACRE AND A 113.45 ACRE TRACT OF LAND Al. SITUATED N THE h e * O F. DAUOXERTY SIRal ABSTRACT NO 718 AM &DAUGERTY EY ABSTRACT NO 751 JERRY L. LE CITY OF DENTON, DENTON COUNTY, TEXAS s 9 3 B 5 7 r o ORA AM BRAIXN T AREA, 71AT9 50UARS iINTARY 9EKARET O CRYR a 0161AGaxES 9 PF u ACOUEIIIDN W~-2~ n R O Ha116~r Associates, Inc OATFA SEPT.15.3000 AM 1671E d~ N MT i e~ eraN wN, 1,r+ enWW FM 43TVUA3DON PACE I OF 1 SCAL4 r. 300 NMOIOMO s W6YSI1 EXHIBIT "C"(contd.) EXHB3IT "A' Permanent Sanitary Sewer Easement Parcel No 7B FIELD NOTES of a 25 foot wide permanent sanitary sewer easement lying and being situated in the G Daugherty Survey Abstract No 351, Denton County Texas and being a portion of that 71 752 Acre tract described is Tract One in the Deed recorded m Volume 498 Pagc 520 of the Deed Records of Denton County Texas, and being more particularly described as tollows BEGINNING at a 1/2 inch iron rod found for at the interior ell corner of the beforementtoned 71 752 Acre tract, THENCE South 03 degrees 00 minutes 40 seconds West for a distance of 25 03 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "Halff Assoc , Inc " hereinafter referred to as "with cap' set for corner, THENCE North 89 degrees 37 minutes 43 seconds West for a distance of 458 69 feet to a 1/2 inch iron rod set for corner, THENCE South 50 degrees 23 minutes 42 seconds West for a dtst tnce of 463 31 feet to a 1/2 inch iron rod set for corner THENCE South 39 degrees 39 minutes 12 seconds West for a distance of 883 23 feet to a 1/2 inch iron rod set for corner THENCE South 54 degrees 27 minutes I I seconds West for a distance of 94 39 feet to a 1/2 inch iron rod set to the West line of the beforementtoned 71 752 Acre tract for corner THENCE North 00 degrees 23 minutes 43 seconds West with the beforementioned West line for a distance of 30 58 feet to a 2 inch iron pipe found for corner THENCE North 54 degrees 27 minutes I I seconds East departing the beforementtoned West line for u distance of 73 54 feet to a 1/2 inch iron rod set for corner THENCE North 39 degrees 39 minutes 12 seconds East for a distance of 882 33 feet to 1 1/2 inch iron rod set for corner THENCE North 50 degrees 23 minutes 42 seconds East for a distance of 474 75 feet to a 1/2 inch iron rod set for corner THENCE South 89 degrees 37 minutes 43 seconds E tst for a dtst race of 468 93 feet to the PLACE OF BEGINNING cons umng 47,490 square feet or 1 090 Acres of land more or less Basis of Be tang is NAD 83 (1993) Texas State Plane North Centi d Zone (4202) as observed by GPS on Julian day 013 of 2000 from ARLINGTON RRP CORS ARP PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is +00 degrees 47 minutes 06 8 seconds E OF TP / ♦ Qt' p,013Tfgr 03 ~ t l q JERRY a9pR9810N~,~~ Q S '4 6 y1 00 EXHIBIT "C"(contd.) I MATTHEWS INVESTMENTS PLACE OF 96 R00411115 BEGINNING RPIN OCT 589 71 A] E 1/, SIR 611 9] I N5023 42E ❑4 15 , SIR N89 3113 W V. SIR q 458 69 S'S 0010 W / 25 03 EXHIBIT •BM I/ S50 463 31 2 " PARCEL #78 Yi SIR (PSSE) 20 TEMPORARY SIR CONSTRUCTION ESMT M393912E 882 33 BBJ 2]12" NEW DENTON COUNTRY CLUB / VOLUME 198 PACE 520 / DROCT / 25 PERMANENT SANITARY SEWER /i SIR 2 FIP Y SURREY / DPUG C~R 35~ 1h sIR 00 S54 27 N W G R 99 39 NSX 2i 11E P ] sa "0279]W 3058 %i SIR q~ x SURJEY. NI STRPC~ NO 5g6 PE BASIS OF BEARING 15 NAD83 119931 TEXAS STATE PLANE NORTH CENTRAL ZONE 142021 AS OBSERVED BY CPS ON JULIAN DAY 013 Of 2000 FROM ARLINGTON RRP CORS ARP PID NO AF9536 CONVERGENCE ANGLE AT ARLINGTON RRP COBS ARP IS ADO DEGREES Al MINUTES D68 SECONDS EXHIBIT SHOWING A 25 0 PERMANENT SANITARY SEWER EASEMENT N 8~1 DENG A PORTION OF NEW DENTON COUNTRY CLUB A 71752 ACRE TRACT OF LAND SITUATED IN THE G DAUGHERTY SURVEY ABSTRACT NO 351 IN THE 'k, CITY OF DENTON, DENTON COUNTY, TEXAS PROJECT, GRAVEYARD BRANCH SANITARY SEWER / CITY OF DENTON 9ASOENT A 1 r Ha6ff Associates, Inc DATG JUNE E1 2000 AVa 183111 {CALL N FUT WYN n rNn WI,AV N,WI.W FEE, 83111PETE.DGM FACE 1 OF 1 scm. r F EOD N "lu m =U' LAM HIMMOW WAGEW 11HT EXHIBIT "D" TEMPORARY CONSTRUCTION AND ACCESS EASEMENT THE STATE OF TEXAS, S $ KNOW ALL MEN BY THESE PRESENTSi COUNTY OF DENTON B THAT Denton Country Club, f/k/a The New Denton Country Club, Inc (Grantors) of Denton County, Texas, in consideration of the sum of Six Thousand Three Hundred and Sixty One Dollars and Forty Five Cents ($6,361 46) and OTHER GOOD AND VALUABLE CONSIDERATION in hand paid by the City of Denton, Texas, (Grantee), receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by Grantors as described in EXHIBITS ^A-10, Parcel 7- A, Parcel 7-B (TCE7B1), and Parcel 7B (TCE7B2) attached to and incorporated into this document by reference SEE ATTACHED EXHIBITS "A-1" FOR TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION And it is further agreed that the City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property For the purpose of access and construction activities in, along, upon and across said premises The City of Denton, its agents, employees, workmen and representative shall have ingress, egress, and regress in, along upon and across said premises for the purpose of access and construction activities or any part thereof The terms of this grant shall expire 1 year from the date of execution Zq EXHIBIT "D"(contd.) TO RAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the promisee above described Witness our hands, this the _day of , 2000 By Name Title Accepted this the_ day of 2000 for the City of Denton, Texas (Resolution No 91-073) SYt Paul Williamson AFTER RECORDING RETURN TO: City of Denton 221 N Elm Street Denton, Texas 76201 ATTN. Paul Williamson W EXHIBIT "D"(contd.) EXHIBIT "A-1" Temporary Construction Easement Parcel No 7A FIELD NOTES of a 20' wide temporary construction easement lying and being situated in the G Daugherty Survey, Abstract Number 351 and the F Daugherty Survey, Abstract Number 348 Denton County, Texas, and being a portion of that 5 0 Acre tract described as Third Tract in the Deed recorded in Volume 499, Page 139, and also being a portion of that 113 45 Acre tract described as First Tract in the Deed recorded in Volume 499, Page 139 all of the Deed Records of Denton County Texas, and being more particularly described as follows BEGINNING at a point in the East line of the beforementioned 5 0 Acre tract, said point being located South 00 degrees 01 minutes 45 seconds West a distance of 34 09 feet from the Northeast corner of the said 5 0 Acre tract, said point is also in a West line of the beforementioned 113 45 Acre tract THENCE North 47 degrees I I minutes 51 seconds East for a distance of 449 04 feet to a point for corner, THENCE North 69 degrees 33 minutes 31 seconds East for u distance of 466 04 feet to a point for corner THENCE North 32 degrees 24 minutes 16 seconds East for a distance of 369 18 feet to a point for corner THENCE North 89 degrees 35 minutes 49 seconds East for a distance or 769 08 feet to a point for corner THENCE South 00 degrees 07 minutes 56 seconds East for a distance of 20 00 feet to a point for corner THENCE South 89 degrees 15 minutes 49 seconds West for a distance of 758 08 feet to a point for corner THENCE South 32 degrees 24 minutes 16 seconds West for n distince of 365 00 feet to a point for corner THENCE South 69 degrees 13 minutes 31 seconds West for a distance of 468 81 feet to a point for corner THENCE South 47 degrees I I mmutes 51 seconds West for a distance of 684 77 feet to a point for corner THENCE North 00 degrees 48 minutes 28 seconds West for a distance of 26 91 feet to a 1/2 inch iron rod cap set for corner THENCE North 47 degrees I I minutes 51 seconds East for a distance of 221 67 feet to the PLACE OF BEGINNING containing 45 517 square feet or 1 045 Acres of land more or less B Isis of Bearing is NAD 83 (1993) Texas State Pl ine North Central Zone (4202) as observed by GPS on Julian dqy 013 of 2000 from ARLINGTON RRP CORS ARP PFD No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is +00 degrees 47 mmutes 06 8 seconds' OF TF JERRY M 9 97 ° taro~:0~ SURD Op ro ~ 31 EXHIBIT "D"(contd.) \ V / 2S000T 56E \ / / / FIRST STATE DEVELOPMENT CORPQAATION T W KING PHILIP J MONTALBO JR ET U / VOL SSB PG 519 VOL 938 PG 961 / D R D C T DROCT \ \ SpRV FYI T690B~~E/ EXHIBIT "B-1" Np X16 49w PARTCE)*7A J SE ~gRT 569 15 S89 35 PgST , 1 S322416W 365 00 369 28 16 E ~ URVEY. 469833 1 71 AGCp RNp 3q8 FPgSTRP~ NEW DENTON COUNTRY CLUB VOLUME 499 PACE 139 / PUBLIC UTILITY EASEMENT DROCT N69 33 31 E 466 04 / 20 TEMPORARY CONSTRUCTION EASEMENT 95 SIT S00ARE FEET OR 1045 ACRES t 9~ a N471151 E 44904 I S471151W 6841T PLACE OF BEGINNING Mat Po9.9 Im..tm.nt3 96 R0048712 J R PROC T S OF pN~~ Np 5"5~~ v~ T.AS M471 51E I \ I RVED BY BEARING CPS ON JULIAN (1 9931 1 013 OF 2000 STATE FROM PLANE NORTH CENTRAL 21 AS ARP A COS N ARP P10 (n~11) NO 9536 CONVERGENCE ANGLE AT ARLINGTON RRP CDR$ ARP IS •00 DEGREES I\" NO 4628W 2691 4T MIN ES 068 SECONDS EXHIBIT SHOWING A 200 TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF D F T NEW DENTON COUNTRY CLUB LB35Tp A 5 0 ACRE AND A 11345 ACRE TRACT OF LAND A, Q F y S THE F DAUGHERTYITUATED SURVEY ABSTRACT NO 348 JERRY L AND 0 DAUGHERTY SURVEY ABSTRACT NO 351 N THE r 'p7 P Q CITY OF DENTON, DENTON COUNTY, TEXAS F 5A0~ a PROJEGTI GRAVEYARD BRANCH SANITARY SERER /-CITY OF DENTON V R V I~ EASEMENT ACOUSDI AREAI 48,517 SQUARE FEET OR 1.045 ACRES p b I~ uaE.ruY V INHalffAssociates. Inc OA7EIJNE BT 2000 AVOW 18376 ..nr ,.,.4R ...r.4 wl.. FLE4 0370TETA OGN FACE I OF 1 SCALE, I • 200 RasTUCO FRN({MAMAI Low N91V[YM MMEB 3F9T EXHIBIT "D"(contd.) EXHIBIT "A-1" Temporary Construction Easement Parcel No 7B (TCE7B I) FIELD NOTES of a 20 foot wide temporary construction easement lying and being situated in the G Daugherty Survey Abstract No 351 Denton County, Texas and being a portion of that 71 752 Acre tract described as Tract One in the Deed recorded in Volume 498, Page 520 of the Deed Records of Denton County Texas, and being more particularly described as follows BEGINNING at a point for corner, said point bears South 03 degrees 00 minutes 40 seconds West a distance of 25 03 feet from a 1/2 inch iron rod found for the interior ell corner of the beforementioned 71 752 Acre tract, THENCE South 03 degrees 00 minutes 40 seconds West for a distance of 20 02 feet to a point for corner THENCE North 89 degrees 37 minutes 43 seconds West for a distance of 481 62 feet to a point for corner THENCE North 50 degrees 23 mmutes 42 seconds East for a distance of 31 13 feet to a point for corner THENCE South 89 degrees 37 minutes 43 seconds East for a distance of 458 69 feet to the PLACE OF BEGINNING containing 9,403 square feet or 0 216 Acres of land more or less 'Bash of Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Julian day 013 of 2000 from ARLINGTON RRP CORS ARP PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is +00 degrees 47 minutes 06 8 seconds IS, of Ts ~y P~ptasrrgE F,~' JERRY L J 39 y ° esoN~ t0~ SUR~~ p0 6 Z~ EXHIBIT "D"(contd.) I I I PLACE OF II MA11NEw1 DIVESTMENT) gj03 SOWPEYFEEi50RU056 1CPESEHT BEGINNING I 6 R004071S FN SB9 37 93 E 958 69 . . . . . . . . . . . . . . . . - . - X50 23 42 E I 3117 IW / AB962 IJ W 20 020 0200400 ~ EXHIBIT "B-1- i 25 71PERMANENT SANITARY PARCEL *B W (TCE7B2/ TCE782 NEW DENTON COUNTRY CLUB VOLUME 895 PACE 520 DROCT HER00 351 G i GPBST R PGT URJEY, NUOsco 00 586 NIPgCT RP BASIS OF BEARING IS NAD83 119971 TEXAS STATE PLANE NORTH CENTRAL ZONE 14021 AS OBSERVED By CPS ON JULIAN DAY Op OF 2000 FROM ARLINGTON RRP COPS ARP PIO NO AF9536 CONVERGENCE ANGLE AT ARLINGTON RRP COPS APP IS •00 DEGREES 97 MINUTES 068 SECONDS EXHIBIT SNOWING A 200 TEMPORARY CONSTRUCTION EASEMENT N BEING A PORTION OF D F TF NEW DENTON COUNTRY CLUB N. 61 STpq A T1752 ACRE TRACT OF LAND y a vI SITUATED IN THE C DAUGHERTY SURVEY ABSTRACT NO 351 JERRY L a a IN THE CITY OF DENTON, DENTON COUNTY, TEXAS 90 B 2 SS PROJECT, GRAVEYARD BRANCH SANITARY SEWER If CITY OF CENTON S u a V EASEMENT ACQUISITION A T 9,403 SQUARE FEET OR 0216 ACRES o ,il HalffAssociatesi Inc DAT .J YT 2000 AVN 18376 KqE- , /7C' t1 L ..u..Y.Wn Wuvn n.HN YIPW.fn FILE, BST8TE781 DON PAGE 1 OF 1 SCALE, 1 • 200' mm7MRO BwXwAL LAM NAIVE- N m will 64 EXHIBIT "D"(contd.) EXHIBIT "A-1" Temporary Construction Easement Parcel No 7B (TCE7B2) FIELD NOTES of a 20 foot wide temporary construction easement lying and being situated to the G Daugherty Survey Abstract No 351, Denton County Texas and being a portion of that 71 752 Acre tract dcscnbed as Tract One in the Deed recorded in Volume 498, Page 520 of the Deed Records of Denton County Texas, and being more particularly described as follows BEGINNING at a point in a North line of the beforemenhoned 71 752 Acre tract Said point bears North 89 degrees 37 minutes 43 seconds West a distance of 468 93 feet from a 1/2 inch iron rod found for at the interior ell corner of the beforemenhoned 71 752 Acre tract, THENCE South 50 degrees 21 minutes 42 seconds West fora dirt knee of 474 75 feet to n point for corner THENCE South 19 degrees 39 minutes 12 seconds West for a distance of 882 33 feet to a point for corner THENCE South 54 degrees 27 minutes I I seconds West for a distance of 73 54 feet to a 2 inch iron pipe found in the West line of the beforemenuoned 71 752 Acre tract for corner THENCE North 0 degrees 23 minutes 43 seconds West with the beforemenhoned West line for a distance of 24 46 feet to a point for corner, THENCE North 54 degrees 27 minutes I I seconds East departing the beforemenuoned West line for i distance of 56 86 feet to a point for corner, THENCE North 39 degrees 39 minutes 12 seconds East for a dishince of 881 61 feet to a point for corner THENCE North 50 degrees 23 minutes 42 seconds East for a thst nice of 451 60 feet to a point in a North line of the beforemenhoned 71 752 Acre tract for corner THENCE South 89 degrees 37 minutes 43 seconds East for a distance of 10 50 feet to the PLACE OF BEGINNING containing 28 227 square feet or 0 648 Acres of hnd more or less 'Basis of Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Julian clay 011 of 2000 from ARLINGTON RRP CORS ARP PID No AF9536 Convergence ingle at ARLINGTON RRP CORS ARP is +00 degrees 47 minutes 06 8 seconds tE OF TF yxP eeiercveo +9 r RRY L t 97 moMryO~ °ne S UM 6 2%~ EXHIBIT "D"(contd.) PLACE OF I MATTHEWS INVESTMENTS BEGINNING 96 80018715 - I/, SIR f APIT OCT 58917 43E 30950 N89 J, 93 W~ W6B 91 FIA ' 453 60 A2 E / TCE781 i EXHIBIT "B-1" 55023 42W / 874 75 ~ PARCEL "7B (TCE7B2) 25 SEWERREASEMENTAM7ARY N39 39 12 E 88161 NEW DENTON COUNTRY CLUB 519 3912 W VOLUME 198 PACE 520 8021323 DROCT / 38 227 SOUARE FEET TORC0 618EACRESNi 56867 ME r SURREY ` SIR pPUGO800 351 I 7351111W P NOD 23 43 W P 2 FIP 24 96 G 00015CP~ NoR56Y, gST R PG P BASIS OF BEARING IS HADES (1993) TEXAS STATE PLANE NORTH CENTRAL ZONE 112021 AS 0 SEflVE0 BY CPS ON JULIAN DAY 013 OF 2000 FROM ARLINGTON RRP COWS ARP PIP NO AF9536 CONVERGENCE ANGLE AT ARLINGTON RRP CORS ARP IS .00 DEGREES Ai MINUTES 06 8 SECONDS EXHIBIT SHOWING A 20 O TEMPORARY CONSTRUCTION EASEMENT N BEING A PORTION OF S~ D F NEW DENTON COUNTRY CLUB Q' 6Y57fN f A 71.T52 ACRE TRACT OF LAND h e o 9 SITUATED IN THE C DAUGHERTY SURVEY ABSTRACT NO 151 JERRY H IN THE , 7 A -k p CITY OF DENTON, DENTON COUNTY, TEXAS 9 sSTO pP PROJECT, GRAVEYARD BIIANCH SANITARY SEWER / CITY Of DENTON 10 v I DO N AC011 TION AREA, 522 SQUARE FEET OR 0. 1 S S D R 0~8 lff Associates, I nc DATE, J KE 27 2000 AVOI 18370 EGALE W FEET Ha Ha N MAN FLE, 1375TE702AGN PACE 1 Of I SCALE, I . 200 KNfT[K8 MaE3MwL LAM SUY(70W MANOR all tipsnda No . a0auua liein AGENDA INFORMATION SHEET Oats $ AGENDA DATE: November 28, 2000 DEPARTMENT: Engineering & Transporta on CM(DCM/ACM: Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance approving a real estate contract between the City of Denton and Francille Phillips and Albert Perez, relating to the purchase of 0 4626 acre of land located in the Hiram Sisco 320 acre Survey, Abstract No 1184, for use by the Police Department, authorizing the expenditure of funds therefor, and providing an effective date BACKGROUND Francille Phillips and Albert Perez have executed a Real Estate Contract to convey said lot to the City of Denton for a future Police Department parlang lot The contract amount of $65,000 00 is the negotiated amount and is a reasonable price based on its location and zoning status The current zoning of this vacant lot is 'U" (Light Industrial) OPTIONS 1 Voluntary purchase acquisition 2 Do not purchase at this time RECOMMENDATION Staff recommends approval of the real estate contract between the City of Denton and Francille Phillips and Albert Perez for the purchase of 0 4626 acre of land PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council was briefed at the March 7, 2000 meeting on this pending transaction, and that negotiations with the property owner were continuing At that City Council meeting the property to the east was approved for purchase and has since been acquired FISCAL INFORMATION The purchase price is $65,000 00 ($3 23 per square foot), plus closing costs of approximately $750 00 The funding source is 2000-2001 budget MAP Attached Respectfully submitted jEheenng lark, D ector Pre aced by Transportation Paul Wi iamson Right-of-Way Agent 2 M ,mlH i 0 0~ 96 Y ❑F-I D ItHER5 ❑D~ wAr ' P ~ j n~vrs J ~atiua J w wns 3 OAK O~ aNt ' ooa Lrrr~~~Iuuuggq--- IC~~K~ORJO, mmm ST u~ CIE S a oa aTS _ SITE ® € sron- ~ - c # ~ Q1I MORSE I r MILL J TRUTH I t - . a n i w 6D / LOCATION MAP 3 il C) i ❑ d- ! - C3 i M ~r SIZE - p P Y ~ l CITY HALL EAST / o POLICE STATION _ L-L IT[ 1 N SITE MAP 4 S \Our Documents\Ordmances\00\Phtlltps Ordinance doc ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND FRANCILLE PHILLIPS AND ALBERT PEREZ, RELATING TO THE PURCHASE OF 0 4626 ACRE OF LAND LOCATED IN THE HIRAM SISCO 320 ACRE SURVEY, ABSTRACT NO 1184, FOR USE BY THE POLICE DEPARTMENT, 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 Franctlle Phillips and Albert Perez in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of approximately 0 4626 acre of land for use by the police department SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PR TY, CITY AT RNEY BY 5 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between FRANCILLE PHILLIPS AND ALBERT PEREZ (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 interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Purchaser shall be permitted to removal the existing metal building and wooden fence and/or any 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 $65,000.00 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. 6 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy 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, Purchaser shall, at Purchaser's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Purchaser is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Purchaser shall, at Purchaser's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Purchaser is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, 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. AEEOOBFE PAGE 2 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. To the beat of the seller's knowledge, Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the beat 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 First American Title Company (formerly Dentex) 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"). AEEOOBFE PAGE 3 CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deliver to City of Denton a duly executed and acknowledged Deed in the form as attached hereto as Exhibit "B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Seller's sole expense, issued by First American Title Company, Denton, Texas, (the "Title Company"), in Purchaser's favor in the full amount of the purchase price, insuring fee simple title to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 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"; AEE006FE PAGE 4 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. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in 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 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. AEE008FE PAGE 5 10 MISCELLANEOUS 1. Assignment 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, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Sound. 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 understandings or written or oral agreements between the parties respecting the within subject matter. S. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall AEE000FE PAGE 6 be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to 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: Francille Phillips Michael W. Jez Manager City 215 8. McKinney Denton, Texas 76201 t Perez 4r4A3s AEE008FE PAGE 7 12 STATE OF TEXAS COUNTY OF This ii tLrument is acknowledged before me, on this day of , 2000 by Francille Phillips. -r- 0000000000000000000000000001 p.~ ~w,* ROGER N WILKINSON /`'/v/ Notary Pobllc, State of Texas pmil,.Vi My Comm ission Fxplrs j„ Nota Public in and for 00000000000000 the State of Texas STATE OF jHXAS COUNTY OF This instrument is acknowledged before me, on this day of {fin J. , 2000 by Albert Perez. 00000000000000000000000000 01 -P 3,-* ROGER WILState of KINSON Texas Notary Pobllc My Commission Expireslll-'Wrt,~,i Note Public in and for -ley b000000000000000000000000000O0W the State of Texas 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 AEE008FE PAGE 8 13 EXHIBIT "A" Sta North All that gus, being a part state or Tar Of the l Hiram n Slµo Survey. t Abstract No 1194, on the side of Sam Oak Street In the said city or Denton, and described by meta and bounds ss follows BEGINNING at the Southwest r.orncr of a lot In said survey sold by M S Stout and H F Schweer to Reld Smith; Then" West 65 feet. Theme North 135 feel Theme East 65 feet. Theme South 133 feet to the pla" of beginntny ate County All the certain lot trau or parcel of land situated In the CAbstract ity and de%Lr 1 t94f andnton Stbed of T91143 and being a part of the Hiram Slsco Survey, as folloWs Reid Smith by deed rei,orded in Book 54. Page 377 Deed by Stout and SthGwle BEGINNING Denton County Texus tur'x oA inul hoe Theme West 63 feet to B F Tuy g Theme North 135 feet Theme Eust 65 feet Thcmc South ISS rest to the pluLe tit beginning 14 EXHIBIT "B" WARRANTY DEED Date: Grantor: Grantee: City of Denton Grantee's Mailing Address (including county): City of Denton 215 E. Mckinney Street Denton, Texas 76201 Denton, County Consideration: TEN DOLLARS AND N01100 ($10.00) and other good and valuable consideration. Property (including any improvements): All those certain tracts of land being situated in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas and being more particularly described in "EXHIBIT A" attached hereto and by this reference being made a part hereof for all purposes. Reservations From and Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property GRANTOR , for the consideration, receipt of which is hereby acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to GRANTEE, GRANTEE'S heirs, executor, administrators, successors or assigns forever. GRANTOR binds GRANTOR and GRANTOR'S heirs, executors, administrators and successors to Deed -1 15 warrant and forever defend all and singular the property to GRANTEE and GRANTEE'S heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. ACKNOWLEDGMENT STATE OF TEXAS S COUNTY OF S This instrument was acknowledged before me on this day of , 2000 by Notary Public, in and for the State of Texas My Commission Expires: STATE OF TEXAS S COUNTY OF S This instrument was acknowledged before me on this day of , 2000 by Notary Public, in and for the State of Texas My Commission Expires- Deed-2 16 Agenda k1n . DD- O~ Agefida item AGENDA INFORMATION SHEET Date z S d 0 - AGENDA DATE: November 28, 2000 DEPARTMENT: Engineering & Transportation CMIDCM/ACM: Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance approving a real estate contract between the City of Denton and Robert H Caldwell, III, Ellen E Caldwell, Laura C Caldwell and James H Caldwell, relating to the purchase of 0 2927 acre of land located in the Hiram Sisco 320 acre Survey, Abstract No 1184, for use by the Police Department, authorizing the expenditure of funds therefor, and providing an effective date BACKGROUND Robert H Caldwell, III, Ellen E. Caldwell, Laura C Caldwell and James H Caldwell have executed a Real Estate Contract to convey said lot to the City of Denton for a future Police Department parking lot The contract amount of $40,000 00 is the negotiated amount and is a reasonable price based on its location and zoning status The current zoning of this vacant lot is "LP" (Light Industrial) OPTION 1 Voluntary purchase acquisition 2 Do not purchase at this time RECOMMENDATION Staff recommends approval of the real estate contract between the City of Denton and Robert H Caldwell, III, Ellen E Caldwell, Laura C Caldwell and James H Caldwell for the purchase of 0 2927 acre of land PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council was briefed at the March 7, 2000 meeting on this pending transaction, and that negotiations with the property owner were continuing At the same City Council meeting the lot to the east was approved for purchase and has since been acquired FISCAL, INFORMATION The purchase price is $40,000 00 ($3 14 per square foot), plus closing costs of approximately $750 00 The f uidmg source is 2000-2001 budget MAP Attached Respectfully submitted Je CI k, Du to_ ( Prepared by Engineering & Transportation Paul Williamson / Right-of-Way Agent 2 MA b" m R a FIF-1 R A 9l J TEXA ~ ~ ~ iyr Ato- °N uAr~+ o WITHERS ❑D a r . 1 1 W!M W OA NEfi ~ = 1 ❑ 0~ OAKS ~ ~ LI ICKOR { A3 Q CITY HALL ED EAST 111 gEr.~~i ra $IT~ P J srw- ~ ~ l x RAI 11 v o q ~__..J MORSE MILL WTW LOCATION MAP 3 ii I ~ ~j ~ 1 C1-lRhA p ~ ❑ ~/J U ❑0 l~ q ❑ ■ ❑ Q❑ D ❑ xY tt ~w ❑ SITE j y n , ❑ CJ i ❑ b M1x ~ ❑ 0 6 ❑ u ❑ x ❑ ,r GTY HAIL EAST / - ❑ ❑ A d %111, POLICE STATION LL' ❑ ❑ pr I SYCARWEE o I N SITE MA 4 S \Our Documents\Ordmances\00\Caldwell Ordinance doc ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ROBERT H CALDWELL, III, ELLEN E CALDWELL, LAURA C CALDWELL AND JAMES H CALDWELL, RELATING TO THE PURCHASE OF 0 2927 ACRE OF LAND LOCATED IN THE HIRAM SISCO 320 ACRE SURVEY, ABSTRACT NO 1184, FOR USE BY THE POLICE DEPARTMENT, 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 Robert H Caldwell, III, Ellen E Caldwell, Laura C Caldwell and James H Caldwell in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of approximately 0 2927 acre of land for use by the police department SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY A 'TORNEY BY 5 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between ROBERT H. CALDWELL, III, ELLEN E. CALDWELL, LAURA C. CALDWELL AND JAMES H. CALDWELL (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 interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by May 1, 2001 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 $40,000.00. 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 6 of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy 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, Purchaser shall, at Purchaser's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Purchaser is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposesi otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Purchaser shall, at Purchaser's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Purchaser is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow AEE008FE PAGE 2 7 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 OF SELLER Seller hereby represents to Purchaser as follows, which representations 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, except for Robert H. Caldwell, Jr. owns a small storage building which is not attached to the land except by gravity. 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. To the best of the Seller's knowledge, Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the Seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. CLOSING The closing shall be held at the office of First American Title Company, 300 North Elm Street, Denton, Texas 76201 on or after January 1, 2001, and more specifically the closing date shall be January 26, 2001 or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). AEE008FE PAGE 3 8 CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deliver to City of Denton a duly executed and acknowledged Special Warranty Deed in the form as attached hereto as Exhibit °B" conveying all the right, title, and interest of Seller 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 2000 and for the year of closing through the date 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. Purchaser to obtain a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by First American 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 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"; AEE008FE PAGE A 9 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable" as to 20011 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 May 1, 2001, 12:01 A.M., Central Standard Time 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. Purchaser shall pay all taxes assessed by any tax collection authority for the years 2000 and 2001 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, including any escrow or closing fees charged to Sellers customarily or otherwise, 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 AEE008FE PAGE 5 10 written notice delivered to purchaser. MISCELLANEOUS 1. 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 one year period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Survival of Covenants shall terminate one (1) year after the date of closing. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. Time of Essence. Time is of the essence in this Agreement. AEE008FE PAGE 6 11 S. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 9. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 10. 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. 11, 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. 12. It is understood and agreed by the Purchaser and Seller that this transaction is a sale of land in gross and not by the square foot or acre and fractions thereof. The Special Warranty Deed contemplated by the parties hereto shall contain the following statement verbatim, to-wit: "It is understood and agreed that the parties hereto that this transaction is a purchase and sale of land in gross and not by the square foot or acre and fraction thereof. Seller does not warrant the area content of the tract of land conveyed." 14. Seller's tenant, Robert H. Caldwell, Jr. owner of the small storage building located, but not attached on or to, the property, shall have until April 31, 2001 to remove said small storage building to another location. DATED this day of 2000. AEE008FE PAGE 7 12 SELLER PURCHASER THE CITY OF DENTON, TEXAS BY: Robert H. Caldwell, III Michael W. Jez City Manager 215 E. McKinney Denton, Texas 76201 Ellen E. Caldwell Laura C. Caldwell James H. Caldwell 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 AEE008FE PAGE 8 13 STATE OF TEXAS COUNTY OF This instrument is acknowledged before me, on this day of 2000 by Robert H. Caldwell, III. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF This instrument is acknowledged before me, on this day of 2000 by Ellen E. Caldwell. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF This instrument is acknowledged before me, on this day of 2000 by Laura C. Caldwell. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF This instrument is acknowledged before me, on this day of 2000 by James H. Caldwell. Notary Public in and for the State of Texas AEEOOOFE PAGE 9 14 EXHIBIT "A" All that certain tcaandlStateaof Texas, abouttoneCmile of Denton, County of Denton east of the public square in said City of Denton an being a part of the Hiram Cisco 320 acre survey, and a part of a certain two acre lot or tract deeded by C. Metz to B. Taylor on the 5th day of May, 1891 and recorded in Vo1.45, Page400, Deed Records of Denton County, Texas and more particularly described as follows, to-wit BEGINNING at the Southeast corner of said two acre tract, THENCE West with the South boundary line of the same 85 feet, more or with THENCE .Vor fee THENCE Easth85afeeteto the EthaestLbast twotacree or les tract more or less, THENCE South with the East boundary line thebplacc thee of beginning. (Said property being bordered line East of Frame llieshso th of McKinney Street easttof thetrailroad tracksS)eet- 15 EXHIBIT "B" SPECIAL WARRANTY DEED Date: Grantor: Robert H. Caldwell, III, Ellen E. Caldwell, Laura C. Caldwell and James H. Caldwell (GRANTOR) Grantee: City of Denton Grantee's Mailing Address (including county): City of Denton 215 E. Mckinney Street Denton, Texas 76201 Denton, County Consideration: TEN DOLLARS AND NO/100 ($10.00) and other good and valuable consideration. Property (including any improvements): All those certain tracts of land being situated in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas and being more particularly described in "EXHIBIT A" attached hereto and by this reference being made a part hereof for all purposes. Reservations From and Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or notj all presently recorded instruments, other than liens and conveyances, that affect the property. GRANTOR , for the consideration, receipt of which is hereby acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to GRANTEE the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to GRANTEE, GRANTEE'S heirs, executor, administrators, successors or assigns forever. GRANTOR binds GRANTOR and GRANTOR'S heirs, executors, administrators and successors to Deed -1 16 warrant and forever defend all and singular the property to GRANTEE and GRANTEE'S heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through or under GRANTOR, but not otherwise. This conveyance is made subject to all ad valorem taxes for the year 2000 and subsequent years. It is understood and agreed that the parties hereto that this transaction is a purchase and sale of land in gross and not by the square foot or acre and fraction thereof. GRANTOR does not warrant the area content of the tract of land conveyed. When the context requires, singular nouns and pronouns include the plural. Robert H. Caldwell, III 2603 Jamestown Ln. Denton, Texas 76201 Ellen E. Caldwell Laura C. Caldwell James H. Caldwell ACKNOWLEDGMENT STATE OF TEXAS 5 COUNTY OF 5 This instrument was acknowledged before me on this day of 2000 by Robert H. Caldwell, III. Notary Public, in and for the State of Texas My Commission Expires: 17 Deed-2 STATE OF TEXAS 5 COUNTY OF 5 This instrument was acknowledged before me on this day of 2000 by Ellen E. Caldwell. Notary Public, in and for the State of Texas My Commission Expires STATE OF TEXAS i COUNTY OF $ This instrument was acknowledged before me on this day of 2000 by Laura C. Caldwell Notary Public, in and for the State of Texas My Commission Expires STATE OF TEXAS S COUNTY OF 8 This instrument was acknowledged before me on this day of 2000 by James H. Caldwell. Notary Public, in and for the State of Texas My Commission Expires: 18 A~r;n~? Etc pp p5 At~enua o,on AGENDA INFORMATION SHEET Mato . AGENDA DATE: November 28, 2000 DEPARTMENT: Engineering & Transport tion CM/DCM/ACM Dave Hill, 349-8314 SUBJECT Consider adoption of an ordinance declaring a public necessity exists and finding that the public welfare and convenience requires the taking and acquiring of an approximate 0 046 acre or 2,009 square foot 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, rescinding that certain real estate contract dated October 17, 2000 between the City of Denton and W H Bottoms pertaining to the subject property, declaring an effective date (Parcel 20) BACKGROUND At the October 17, 2000, City Council meeting an ordinance approving a real estate contract between the City and Mr W H Bottoms was passed (Ordinance No 2000-396) The purchase amount being $3,818 ($2,210 for the land, $108 for driveway and fencing, and $1,500 for ornamental landscaping) Approximately two weeks after the City Council meeting Mr Charles J Wmikates of Wmikates & Wmmkates, Attorneys & Counselors of Frisco, Texas contacted Mr Herb Prouty, City Attorney Mr Wmikates informed Mr Prouty that he represents Mr Bottoms interests in regard to the U S Highway 77 right of way acquisition, and asked that the Real Estate Contract that he signed be rescinded Last year Mr Wnukates had provided our office letters stating that he represented three (3) other property owners along U S Highway 77, but he did not provide letters regarding Mr Bottoms or another property owner, Ms Gibson When Ms Gibson was contacted about the acquisition phase of the project she referred us to Mr Wuukates, indicating that he was representing her interests We contacted Mr Winikates and asked hum to provide us with feedback from ins clients regarding what dollar amount any of his clients would entertain as a counter offer Mr Winikates said he would get back to us on this matter After the initial telephone conversation, Mr Winikates has not accepted nor returned telephone calls to his office We have left numerous telephone messages the past several months requesting that he call us back or set up a meeting tune to discuss all of the issues No response was received until he contacted Mr Prouty as stated above Since we had no correspondence from Mr Winikates and he would not accept or return telephone calls we had know way of knowing if he was, in fact, still representing the four property owners Mr Bottoms had indicated early on that he was going to "go along" with 1 whatever Ins neighbors were going to do It was our understanding that his comments meant he was going to settle for whatever his neighbors were going to agree to Since we seemed to be at an impasse with his neighbors, because of disregard by Mr Wmikates, our dialogue with Mr Bottoms was suspended until we had more information Several months later, possibly a year, when we were about to move forward with condemnation of the four neighbor tracts, Mr Bottoms was contacted on the morning of September 26, 2000 and asked what was Ins current thinking on the matter nght-of-way acquisition of his tract We wanted to make sure that we had done everything possible with him prior to initiating condemnation on his tract A meeting was set for that afternoon at Mr & Mrs Bottoms' home, 3704 N Elm Street At that meeting Mr Bottoms, his wife and two daughters, who are both marred and live locally, were present None of the Bottoms family indicated Mr Wmikates was representing them at that time Also, during the telephone conversation to set up the meeting Mr Bottoms did not mention he had an attorney to handle the right-of-way acquisition. When we met with Mr Bottoms and his family we had a very cordial conversation and spent some time with them to fully understand what all of their issues regarding the road widening project Mr Bottoms' main concern was centered on two Elm trees that he planted in his front yard thirty years ago At that time we offered an additional amount of consideration to cost out the ornamental landscaping (Elm trees) and he was agreeable, as well as Ins family The paperwork was updated to reflect the revised contract amount and he signed the contract a few hours later, in the presence of his daughters Mr Bottoms has since signed a letter, dated October 27, 2000 (copy enclosed), stating that Mr Wmikates is representing hun Mr Wunkates has since been unavailable to meet us and we feel further attempts on our part to settle will be unproductive OPTIONS 1 Authorize condemnation to acquire 2 Postpone condemnation and continue to pursue negotiations with the property owner's agent RECOMMENDATION Staff recommends the authorization of condemnation to acquire this parcel PRIOR ACTION/REVIEW (Council, Boards Commissions) The Planning & Zoning Commission approved the Right of Way Acquisition for U S Highway 77 Widening 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 lark, D ector Prepared by Engineering Transportation 11~1 I Paul Williamson Right-of~Way Agent 2 i NO SCALE SITE s r° i , LSD a 3 lr Py1i' o ~ N Y I Y i 416 r s s1 ~ m9w" Wm i i a i i LOCATION MAP 3 \ \ lb I i 2 h W. H. BOTTOMS J VOL. PG. 2009 S.F.OR 0.046 AC. / REM. - 0.199 AC. FPO VXIR Qt 0* .e FPO n FPO W" R 3 f'~ 'a I m cn 3 ~ X N 1 r Ibi ~-1 ~191 M o M M , 21; I to in 1 1 c G~~ I X14' ~ ~ 1 ~b I 6 V7 S 58 1'3 " E S 1 38 EI S. 1'36" E- s 71.95' 4e t4 82' h G~y¢'143 ;Fl PFM! IME N 57.59'17" W ;SU.pO' - 12917.]3' i SITE MAP 4 Planning and Zoning Minutes July 23, 1997 Page 2 Ms. Schertz• Are there any other nominations? If there are none, nominations are closed. We will vote on the nominees in the order of thew nomination. I will list their name and then after I am through if you will raise your right hand if you are in favor. As many as are in favor of Jim Engelbrecht please raise your right hand (Vote - 3) As many as are in favor of Ellen Schertz please raise your right hand (Vote - 4) The new Chair person by majority is Ellen Schertz Thank you. For the second nominee we will be electing Vice-Chair person The floor is open Ms. Apple- I would like to nominate Bob Powell Ms Schertz• Are there any further nominations? Mr. Moreno I would nominate Jim Engelbrecht Ms Schertz• Are there any further nominations? Seeing none, nominations are closed As many as are in favor of Bob Powell, please raise your right hand (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell Congratulations III Consider approval of the minutes of the July 9, 1997 meeting Ms Schertz Are there any corrections? Seeing none, the minutes will stand approved as written N. Consider making recommendation to the City Council for the acquisition of the Right-of- Way for U.S 377 from F.M. 2164 to I-35 Mr. Powell That's not 377 but is 77. Ms Schertz: You are correct Let the minutes reflect that Mr Powell I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to I-35 Ms Ganzer- Second Ms Schertz Is there any discussion All in favor, please raise your right hand Motion passes. (7-0) V Consider making 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 Lakeview Boulevard. .Mr. Engeibrecht: Second. 5 S \Our Documents\Ordmances\00\Bottoms 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 0 046 ACRE OR 2,009 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, RESCINDING THAT CERTAIN REAL ESTATE CONTRACT DATED OCTOBER 17, 2000 BETWEEN THE CITY OF DENTON AND W H BOTTOMS PERTAINING TO THE SUBJECT PROPERTY, DECLARING AN EFFECTIVE DATE (PARCEL 20) 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, with such fee simple title vesting in the State of Texas, acting by and through the Texas Transportation Commission in 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 is believed to be owned by W H Bottoms ("Owner"), WHEREAS, the Owner has requested that the City agree to rescind that certain Real Estate Contract between the City and the Owner, dated October 17, 2000 pertaining to the subject property (the "Contract") NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That public necessity exists and public welfare and convenience 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 in that certain tract or parcel of land containing approximately 0 046 acre or 2,009 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 recommended by an independent appraisal prepared at the City Manager's direction 6 SECTION 3 In the event the offer as described in Section 2 is refused by the Owner of the Property, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the 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 Commission The cost and expense of such acquisition shall be paid by the City of Denton SECTION 4 If it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation SECTION 5 The City Manager or his designee is authorized to enter into a mutual release agreement to rescind the Contract SECTION 6 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 Page 2 aw a~W..vaw...num+~.a.a.o.wa.i~waa 7 FROM ITV OF DENTON ATTV FAX NO 9403027923 le-30-00 03 22P P 02 FROM WINIKATES 8 WINIKATES PHONE NO - 9723351125 oct 58 2800 01 1OPM P2 Wimikates & Winikates Aaorneys and Cuunselnm October 27, 2000 Hebert Prouty, Esquire City of Denton, Texas 215 E. McKinney Denton, Texas 76201 RE US 77 being 0 046 acres of land out of and a part of that certain 0 245 acre tract of land out of the M H Melsenhenner Survey, Abstract 8101n Denton County, Texas Dear Mr Prouty please be advised I do not wish to go forward with any contract that I may have signed to convey my property to the city of Denton Please forward all correspondence with this matter to my legal counsel, Charles J Wlnikates, P O Box 249, Frisco, Texas 75034 Thank you for your immediate attention to this matter q Sincerely, W 14 Bottoms 3704 N Elm Street Denton. Texas 76207 WHAnQ Prosper State Bsok Budding PO Box 249 Fnaco, Texas 75034-0249 (972) 335 1122 FAX (912) 335 1125 8 ~1y2uu.. ~~s,rr~ Z e riete Z S OIL AGENDA INFORMATION SHEET AGENDA DATE: November 28, 2000 DEPARTMENT: Parks and Recrea ion ACM: Dave Hill SUBJECT: Consider an ordinance amending Chapter 22 "Parks and Recreation", Code of Ordinances, City of Denton, Texas by amending Section 22-1 to change the name of board to Parks, Recreation and Beautification Board, adding to Section 22-4, Code of Ordinances, "Duties" to include that the board shall have the duty to make recommendations to the City Council and the Parks and Recreation Director regarding policy matters related to community appearance, beautification, and the city's environment, adding Section 22-5, providing for the temporary appointment of two additional members to the board with beautification experience, providing a severability clause, i and providing for an effective date BACKGROUND: As a result of recent strategic planning activities and a restructuring of the Keep Denton Beautiful (KDB) organization, Keep Denton Beautiful, Inc and the KDB Board have asked that the advisory board be abolished, and that its functions be transferred to the Parks and Recreation Board KDB also asked that up to two of its board members be appointed to the Parks and Recreation Board to serve until July 1, 2001, in order to ensure a smooth transition of its advisory responsibilities In addition to these proposed changes, it is desirable to change the name of the Parks and Recreation Board to the "Parks4 Recreation and Beautification Board", in order to reflect its expanded duties KDB unammously endorsed these recommendations on May 11, 2000 The Parks and Recreation Board subsequently concurred with the proposed changes on May 25, 2000 The meeting minutes of KDB and the Parks and Recreation Board are attached for your information (Exhibit B) OPTIONS: Approve the proposed ordinance 2 Approve the ordinance with amendments by the City Council 3 Reject the ordinance and provide the staff to pursue other direction RECOMMENDATION: Staff recommends approval of the proposed ordinance ESTIMATED SCHEDULE OF PROJECT: Not applicable 1 TRIO Armand Par Parks and and Recr The B and Parks Recreation boards endorsed the proposed changes in May 2000 The City Council received a memorandum from the Parks and Recreation Department on June 9, 2000, advising Council Members of the pending changes and requesting that the Council not make any new appointments to the KDB advisory board FISCAL INFORMATION: No City expenditures are required by the proposed ordinance EXHIBITS: A Proposed ordinance B May 11, 2000 meeting minutes for KDB and May 25, 2000 minutes of the Parks and Recreation Board Respectftilly submitted Ed Hodney Director of Parks d Recreation F \admm\QtyComcd\Pazk Board changes 11-16-00 doc 2 EXHIBIT A ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 22 "PARKS AND RECREATION", CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTION 22-1 TO CHANGE NAME OF BOARD TO PARKS, RECREATION, AND BEAUTIFICATION BOARD, ADDING TO SECTION 22-4, CODE OF ORDINANCES, "DUTIES" TO INCLUDE THAT THE BOARD SHALL HAVE THE DUTY TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL AND THE PARKS AND RECREATION DIRECTOR REGARDING POLICY MATTERS RELATED TO COMMUNITY APPEARANCE, BEAUTIFICATION, AND THE CITY'S ENVIRONMENT, ADDING SECTION 22-5, PROVIDING FOR THE TEMPORARY APPOINTMENT OF TWO ADDITIONAL MEMBERS TO THE BOARD WITH BEAUTIFICATION EXPERIENCE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it has been determined that the Keep Denton Beautiful Advisory Board should be abolished, and WHEREAS, the Denton Parks and Recreation Board is the most suitable board to take over the duties of advising council and the Parks and Recreation Director on beautification matters and the name of the board should be changed to reflect the new duties, and WHEREAS, it would be prudent to increase temporarily the membership of the new board to include at least two members who have experience in beautification matters, and WHEREAS, the City Council finds that it is in the public interest to change the duties of the Parks and Recreation Board as recommended, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Chapter 22, Code of Ordinances, City of Denton, Texas "Parks and Recreation", Section 22-1 is hereby amended to read as follows Sec. 22-1. Board appointed. There is hereby created a park and recreation board which shall consist of seven residents of the City of Denton, Texas The members of the park and recreation board shall be appointed by the City Council for a term of two (2) years Board members shall be eligible for reappointment in accordance with section 2-65 of the Code of Ordinances The board shall elect its chairperson from among its members, and he or she shall serve for two (2) years, or until his or her successor is elected and qualified All members of the board shall serve without pay, and the board shall adopt such rules of procedure and other rules as may be necessary for the regulation of its business and affairs The board shall be referred to as the Parks, Recreation, and Beautification Board and any reference to Parks and Recreation Board, in this code, shall be construed as referring to the Parks, Recreation, and Beautification Board 3 SECTION 2 That Chapter 22, Code of Ordinances, City of Denton, Texas "Parks and Recreation", Section 22-4 is hereby amended to read as follows Sec. 22-4. Duties. The board shall endeavor to stimulate public interest in the development and maintenance of parks and playgrounds and a well-rounded community-wide program, it shall endeavor to interpret the work of the park and recreation department and promote close cooperation between the city and all private citizens, institutions, and agencies, to the end that all park and recreational facilities and resources within, or controlled by, the city may make their maximum contribution to the public welfare The board shall also be responsible for making recommendations to the City Council and the Parks and Recreation Director regarding issues and ordmances related to community appearance, beautification and the environment of the city and the entrances into the city SECTION 3 That Chapter 22, Code of Ordinances, City of Denton, Texas "Parks and Recreation" is hereby amended by adding Section 22-5 to read as follows Sec 22-5. Temporary additions to the Board. The Parks and Recreation Board shall be enlarged by two members for a temporary period of time The two temporary members shall be appointed and have the same qualifications and requirements as all other members of the board but must in addition have some experience and knowledge about the issues affecting the appearance and environment of the City of Denton, Texas The two temporary members shall have the same duties, standing, power and responsibility as any other member of the board during the time of their temporary appointment All rules and procedures of the board shall be adapted to reflect the addition of the two temporary members during the temporary term The term of the two temporary members shall expire on July 1, 2001 and the temporary appointments shall cease on that date SECTION 4 That this ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of the ordinance not in direct conflict herewith, tlus ordinance shall be and is hereby made cumulative except as to such prior ordmances or portions thereof as are expressly repealed hereby SECTION 5 That if any provisions of this ordinance or application thereof to any person or circumstances is held invalid by any court, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares that it would have enacted the remaining portions despite any such mvalidity 4 SECTION 6 That this ordinance shall become effective immediately from the date of 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 P_ROUTY, CITY ATTORNEY BY ,0 / ! 1 F \shared\dept\LGL\Our Documents\Ordmances\00\parks and recreation board doe 5 KEEP DENTON BEAUTIFUL, INC BOARD OF DIRECTORS MEETING MINUTES EXHIBIT MAY 11, 2000 PRESENT Geri Aschenbrenner, Catherine Bell, Nancy Boyd-Lillie, Jan Dickson, Tom Edmundson, Jean Greenlaw, Julie Scharnberg, Janay Tieken, Willie Hudspeth, and Kathy Scott ABSENT Helen Giese, Jean Hinolosa, Lee Hipple, and Paula Scott STAFF Lancine Bentley - Coordinator, Ed Hodney - Director Parks and Recreation, and Sherrill Campbell - Secretary I APPROVAL OF MINUTES Jan Dickson requested that the last paragraph on Section A, Article III-C, Potential Beautification Projects be expanded to include the comments about the bridge on Mingo Road Geri Aschenbrenner made a motion to approve the minutes with the requested change The motion was seconded by Catherine Bell and carried unanimously II FINANCIAL REPORT Nancy Boyd-Lillie reviewed the financial report attached to the agenda Ms Boyd-Lillie stated that she believed that all the bills from the golf tournament had been paid The current amount netted from the tournament is $8,419 03 In addition, a $1,000 matching grant from Wal- Mart will be added to that figure Ms Boyd-Lillie stated that the IRS tax return had been filed on time The current balance in the account at First State Bank is $40,383 70 This amount includes the $10,000 00 from the Solid Waste Division which was received after the financial report was printed Ms Boyd-Lillie stated that in-kind contributions need to be accounted for on a separate budget sheet as they inflate the net income on the financial reports The accountant says that the IRS does not need in-kind information in our financial records for tax returns Ms Boyd-Lillie reviewed the new 'Check Requisition/Reimbursement Request' form she has developed 6 Keep Denton Beautiful, Inc May 11 2000 Meeting Minutes Page 2 III ACTION ITEMS A KDB Structure Janay Tieken reviewed the three options for board structure presented at the last board meeting which were Option I Maintain Keep Denton Beautiful, Inc and no Keep Denton Beautiful Advisory Board Option II Maintain both Keep Denton Beautiful, Inc (a non-profit corporation) and the Keep Denton Beautiful Advisory Board (city- appointed recommending body) that operate as separate entities - have different functions/roles, meet separately Option III Maintain Keep Denton Beautiful, Inc and develop an advisory board initially comprised of KDB Advisory Board members and Parks and Recreation Advisory Board members The expanded role of this new advisory board is to review and recommend policies regarding beautification of public lands in Denton Jan Dickson made a motion to adopt Option III The motion was seconded by Julie Scharnberg and carried unanimously Janay Tieken reported that Lee Hippie had e-mailed her vote by proxy in favor of Option I I I Jan Dickson stated that the Executive Committee would begin work on revising the by-laws to reflect the structure change B Executive Committee Beautification Project Recommendation- Dallas Drive--$3000 (Will request cost estimate from Parks for Shady Oaks Recycling Center improvements, and Bell & Mingo bridge painting project ) Jean Greenlaw made a motion to allocate $3,000 00 to the Dallas Drive project (rebuilding of landscaped medians on Dallas Drive where trees have been removed and at the Dallas Drive and Teasley intersection ) The motion was seconded by Julie Scharnberg and carried unanimously C Budget Amendment-increase South Lakes Park Nature Center Sub-committee budget from $800 to $1550 (to include the 1999 donation of $750 from the Council of Garden Clubs ) 7 Parks and Recreation Advisory Board May 25, 2000 Dema Recreation Center Members present Don Edwards, Dalton Gregory, Brandon Barnes, and Dale Yeatts Members absent excused Brenda Philips, Gwendolyn Carter Unexcused absence Teresa Andress Staff present Ed Hodney, Janet Simpson, Kathy Mosby, Bob Tickner, and Janie McLeod Others present Elihu Gillespie, Jackie Sasser, Tera Dunley, and Sherri McDade representing the Juneteenth committee Chairman Don Edwards called the meeting to order at 6 00 p in AWARDS AND RECOGNITION Ed reminded the board of the department's nomination for the national Gold Medal award and that the recipient will be announced in October He also told the board about the Venture Grant from United Way given to the department's therapeutic recreation (TR) program The funds will be used for adaptive swim and horse backing riding programs for the TR participants Approval of Minutes A motion was made by Dale Yeatts to approve the minutes of April 27, 2000 Brandon Barnes seconded the motion and it passed ACTION ITEMS Request to Sell Alcohol at the Juneteenth Dance Ed said that the Juneteenth Celebration is a city-sponsored event with citizen support The celebration will include a dance and the sell of alcoholic beverages in the Civic Center building City Code requires the Park Board's review and City Council approval for the sale of alcoholic beverages in the Center Elihu Gillespie, of the Juneteenth Committee, said that Jon Jon's Nightclub would furnish DJ services, food, security, and alcoholic beverages He added that security would include committee members monitoring the parking areas too Ed said that insurance for the event would be provided ACTION Dalton Gregory made a motion to approve the request to sell alcohol at the Juneteenth dance on June 16a' Dale Yeatts seconded the motion and it passed unanimously Proposed Changes to Keep Denton Beautiful and the Parks and Recreation Advisory Boards Ed said that the Keep Denton Beautiful (KDB) board had approved the following recommendations the present eleven-member KDB advisory board will be dissolved, amend the role of the Parks and Recreation Board to include making recommendations to the City Council and the Parks and Recreation Director on policy matters regarding the appearance, beautification and environment of the city, temporarily 8 expand the Parks and Recreation Board to include up to two Council-appointed members of the KDB board These KDB board members will serve until their current terms expire (2001) The Parks and Recreation Board will then revert to its present size of seven appointed members, the amended board shall be called the Parks, Recreation and Beautification Board Dalton asked if the KDB would have any problems with their 501 C non-profit status Ed said the PARD board would keep with the non-profit by-laws ACTION Dalton Gregory moved that the Parks and Recreation Board concur with the proposed changes to the Keep Denton Beautiful Board and recommended the joining of the two boards be presented for City Council's approval Dale Yeatts seconded the motion and it passed unanimously DISCUSSION ITEMS Report on Park Land Dedication and Development Fee Funds Ed reminded that Board that at the April meeting, members requested a report on the impact of the City's park dedication requirements Bob Tickner discussed the fees that have been collected to be used to construct new and/or existing parks to serve emerging developments, the location of the new parks received via the ordinance, and indicated where dedication and development fees might be directed DIRECTOR'S REPORT Maintenance Standards and Classification System Janet Simpson and her managers developed a maintenance standards and classification system for the Parks Operation to insure that standards are being meet The new guidelines/checklist standardizes the time lines, how the work is to be accomplished, and how it should look when completed Janet invited the Board to participate in the inspections of the parks Ed said the standards will insure that all areas are being maintained equally and consistency throughout the city Project Status Report Ed asked if there were any questions or comments regarding the project status report There were no comments Keep Denton Beautifil Report Ed asked if there were any questions or comments regarding the KDB report There were no comments ITEMS FOR NEXT MEETING ➢ Park System Master Plan There being no further business, the meeting was adjourned at 6 50 p in 9 Agenda No . fip~ AyeuuaEteat ~Z Date i - z o _ AGENDA INFORMATION SHEET AGENDA DATE. November 28, 2000 DEPARTMENT: Parks and Recre tion ACM: Dave Hill SUBJECT: Consider an ordinance repealing ordinance No 92-093 in order to dissolve the "Keep Denton Beautiful Board", amending Chapter 2 "Administration" Article VII, "Denton Code of Ordinances", City of Denton, Texas providing that "Keep Denton Beautiful, Inc " is designated as the appropriate agency to implement the "Tree City USA" program, providing a severabilrty clause, providing a savings clause, and providing for an effective date BACKGROUND: The Keep Denton Beautiful (KDB) Board was established by the City Council, first in 1987 as ad hoc citizens task force, and then in 1992 as an eleven-member Council- appointed advisory board A brief history of the KDB organization is attached (Exhibit B) We would specifically direct your attention to 1995, when KDB, Inc (a Texas non- profit organization) was created and the Council-appointed board was absorbed into a 23- member board In 1992, the City Council-appointed Keep Denton Beautiful advisory board was given responsibility for implementation of the Tree City USA program Tree City USA is a national program of the Arbor Day Foundation Specifically, the board was charged with cooperating with City staff to make policy recommendations to the City Council regarding the planting, maintenance and management of the city's trees As a result of recent strategic planning activities and a restructuring of the KDB organization, Keep Denton Beautiful, Inc and the KDB Board have asked that the advisory board be abolished, and that its functions be transferred to the Parks and Recreation Board KDB also asked that up to two of its board members be appointed to the Parks and Recreation Board to serve until July 1, 2001, in order to ensure a smooth transition of its advisory responsibilities KDB unammously endorsed these recommendations on May 11, 2000 The Parks and Recreation Board subsequently concurred with the proposed changes on May 25, 2000 In addition, the dissolution of the KDB advisory board requires that responsibility for the Tree City USA program be transferred to another entity On August 10th, KDB endorsed a recommendation to transfer responsibility for the Tree City USA program to Keep Denton Beautiful, Inc 1 The pertinent meeting minutes of KDB and the Parks and Recreation Board are attached for your information (Exhibit C) OPTIONS: 1 Approve the proposed ordinance 2 Approve the ordinance wtth amendments 3 Reject the proposed ordinance and redirect staff RECOMMENDATION: Staff recommends approval of the proposed ordinance ESTIMATED SCHEDULE OF PROJECT: Not applicable PRIO!K ACTION/REVIEW: None FISCAL INFORMATION: No City expenditures are expected as a result of the proposed ordinance EXHIBITS: A Proposed ordinance B History of Keep Denton Beautiful C Minutes of the KDB and the Parks and Recreation boards Respectfully submitted Ed Hodney Director of Parks and Recreation F \admm\City Cowcil\KDB Tree Board Changes 11-16.00 doe 2 EXHIBIT ORDINANCE NO AN ORDINANCE REPEALING ORDINANCE NO 92-093 IN ORDER TO DISSOLVE THE "KEEP DENTON BEAUTIFUL BOARD", AMENDING CHAPTER 2 "ADMINISTRATION" ARTICLE VII, "DENTON CODE OF ORDINANCES", CITY OF DENTON, TEXAS PROVIDING THAT "KEEP DENTON BEAUTIFUL, INC " IS DESIGNATED AS THE APPROPRIATE AGENCY TO IMPLEMENT THE "TREE CITY USA" PROGRAM, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Ordinance 92-093 was passed on June 2, 1992 creating "Keep Denton Beautiful Board" to help advise the city on environmental and appearance issues and be designated as board to implement the "Tree City USA" program and WHEREAS, it has been recommended by the "Keep Denton Beautiful Board" and the "Parks and Recreation Board" that the "Keep Denton Beautiful Board" be dissolved, and WHEREAS, it is recommended that "Keep Denton Beautiful, Inc " be designated to implement the "Tree City USA" program, and WHEREAS, the City Council finds that it is in the public interest that the recommendations should be accepted, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance 92-093 is hereby repealed in its entirety and the "Keep Denton Beautiful Board" is hereby dissolved SECTION 2 That Chapter 2, "Admuustrahon", Code of Ordinances, City of Denton, Texas, is hereby amended by adding Sec 2-241 to read as follows Sec. 2-241. Tree City USA. The council hereby designates "Keep Denton Beautiful, Inc " to serve as the board to provide implementation for the "Tree City USA" program The recommendations to implement the "Tree City USA" program will be made with the cooperation of the appropriate city staff SECTION 3 That this ordinance shall repeal every prior ordinance in conflict herewith, but only msofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby 3 SECTION 4 That if any provisions of this ordinance or application thereof to any person or circumstances is held invalid by any court, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares that it would have enacted the remaining portions despite any such invalidity SECTION 5 That this ordinance shall become effective immediately upon 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 (f / F \shared\dept\LGL\Our Documents\0rdmance00\repeal of keep denton beautiful advisory board doc 4 EXHIBIT ,5 HISTORY AND FORMATION OF Keep Denton Beautiful Advisory Board and Keep Denton Beautiful, Inc. I January 6, 1987-The City Council approved a resolution creating a Blue Ribbon Citizen's Task Force whose responsibility it was to "review efforts and proposals by various groups within the city to improve the major entrances to the City and other beautification efforts, identify the major entrances to the City, review what other cities have done and make recommendations on steps that the Council might take to promote these entrances, make recommendations to the City Council, including zoning and sign regulations, code enforcement activities, coordinated landscaping, planting requirements, set-back requirements, and view obstruction aspects " (This task force was to act as an advisory body only ) II February 19, 1991-At the request of the Blue Ribbon Citizen's Task Force, the City Council established and created the 11-member Beautification Advisory Commission comprised of the members of the task force The Beautification Advisory Commission's duty was to "serve in an advisory capacity to the City Council and shall be responsible for making recommendations to the City Council, Planning and Zoning Commission, Public Utilities Board, Parks and Recreation Board and other appointed boards or commissions regarding issues and ordinances affecting the appearance and the environment of the City and the entrances into the City The Commission may establish such committees as necessary to carry out the purpose of the Commission " (This commission was to act as an advisory body only ) III December 17, 1991-At the request of the Beautification Advisory Commission, the City Council established that the Commission shall serve as the Tree Board for purposes of implementing the Tree City USA Program by making recommendations with respect to the public tree care policy for planting, maintenance and removal of public trees, and implementation of a community forestry work plan " (This commission, with Its additional duty of acting as the Tree Board, was to act as an advisory body only ) IV June 2, 1992-At the request of the Beautification Advisory Commission, the City Council changed the name of the commission to the Keep Denton Beautiful Board The board still had 11 members comprised of the members of the commission All of the advisory duties as outlined above remained unchanged 5 i V January 17, 1995--The Secretary of the State of Texas approved and placed on record the Articles of Incorporation of Keep Denton Beautiful in the application, it was stated that Keep Denton Beautiful was responsible for improving and maintaining "the cleanliness and beauty of the community through education, public outreach, and the coordination of volunteers This description of the board's responsibility differs from the advisory responsibilities outlined in the ordinance Based on the application information, Keep Denton Beautiful (the advisory board) became Keep Denton Beautiful, Inc. This is the beginning of the change from advisory board to an active projects and programs based organization VI September 11, 1995-Keep Denton Beautiful, Inc (still solely comprised of the 11 member advisory board) adopted its first by- laws. In the by-laws, 12 community members were added to a board that had previously been only Council-appointed KDB, Inc had now created a new board, leaving the advisory board members with the minority voice VIII November 22, 1995-Keep Denton Beautiful, Inc applied for 501(c)(3) tax exempt status with the Internal Revenue Service IX March 1996-A determination letter from the Internal Revenue Service recognized Keep Denton Beautiful, Inc as exempt from federal income tax under section 501(c)(3) X September 18, 1999-Final 'Y2K' survey results were shared with the Board of Directors at the year-end retreat in which concerns were expressed regarding the organization's structure and function As a result of the survey findings, the Executive Committee took on the task of reviewing the KDB organization in their annual action plan XI October 7, 1999-The Executive Committee recommended four modifications to the by-laws They included a change in the organization's committees, a requirement that chairpersons serve on the Board of Directors, a requirement that board members serve on one committee, but may choose to serve on two, and a change in the KDB operating year to coincide with the fiscal year of January 1-December 31 The Board of Directors approved the changes XII March 7, 2000-The City Council passed an ordinance stating "that the City Manager is authorized to execute an Agreement between the City of Denton, Texas and Keep Denton Beautiful, Inc. relating to developing programs enhancing the appearance and environment of Denton " The ordinance, for the first time, officially recognized that the "City has adopted a budget which Includes in-kind support as well as a direct expenditure of funds for Keep Denton Beautiful projects " 6 i KEEP DENTON BEAUTIFUL, INC BOARD OF DIRECTORS MEETING MINUTES EXHIBIT G MAY 11, 2000 PRESENT Geri Aschenbrenner, Catherine Bell, Nancy Boyd-Lillie, Jan Dickson, Tom Edmundson, Jean Greenlaw, Julie Scharnberg, Janay Tieken, Willie Hudspeth, and Kathy Scott ABSENT Helen Giese, Jean Hinofosa, Lee Hippie, and Paula Scott STAFF Lanane Bentley - Coordinator, Ed Hodney - Director Parks and Recreation, and Sherrill Campbell - Secretary I APPROVAL OF MINUTES Jan Dickson requested that the last paragraph on Section A, Article III-C, Potential Beautification Projects be expanded to include the comments about the bridge on Mingo Road Geri Aschenbrenner made a motion to approve the minutes with the requested change The motion was seconded by Catherine Bell and carried unanimously II FINANCIAL REPORT Nancy Boyd-Lillie reviewed the financial report attached to the agenda Ms Boyd-Lillie stated that she believed that all the bills from the golf tournament had been paid The current amount netted from the tournament is $8,419 03 In addition, a $1,000 matching grant from Wal- Mart will be added to that figure Ms Boyd-Lillie stated that the IRS tax return had been filed on time The current balance in the account at First State Bank is $40,383 70 This amount includes the $10,000 00 from the Solid Waste Division which was received after the financial report was printed Ms Boyd-Lillie stated that in-kind contributions need to be accounted for on a separate budget sheet as they inflate the net income on the financial reports The accountant says that the IRS does not need in-kind information in our financial records for tax returns Ms Boyd-Lillie reviewed the new 'Check Requisition/Reimbursement Request' form she has developed 7 Keep Denton Beautiful, Inc May 11, 2000 Meeting Minutes Page 2 III ACTION ITEMS A KDB Structure Janay Tieken reviewed the three options for board structure presented at the last board meeting which were Option I Maintain Keep Denton Beautiful, Inc and no Keep Denton Beautiful Advisory Board Option II Maintain both Keep Denton Beautiful, Inc (a non-profit corporation) and the Keep Denton Beautiful Advisory Board (city- appointed recommending body) that operate as separate entities - have different functions/roles, meet separately Option III Maintain Keep Denton Beautiful, Inc and develop an advisory board initially comprised of KDB Advisory Board members and Parks and Recreation Advisory Board members The expanded role of this new advisory board is to review and recommend policies regarding beautification of public lands in Denton Jan Dickson made a motion to adopt Option III The motion was seconded by Julie Scharnberg and carried unanimously Janay Tieken reported that Lee Hippie had e-mailed her vote by proxy in favor of Option I I I Jan Dickson stated that the Executive Committee would begin work on revising the by-laws to reflect the structure change B Executive Committee Beautification Project Recommendation- Dallas Drive-43000 (Will request cost estimate from Parks for Shady Oaks Recycling Center improvements, and Bell & Mingo bridge painting project ) Jean Greenlaw made a motion to allocate $3,000 00 to the Dallas Drive project (rebuilding of landscaped medians on Dallas Drive where trees have been removed and at the Dallas Drive and Teasley intersection ) The motion was seconded by Julie Scharnberg and carried unanimously C Budget Amendment-increase South Lakes Park Nature Center Sub-committee budget from $800 to $1550 (to include the 1999 donation of $750 from the Council of Garden Clubs) 8 KEEP DENTON BEAUTIFUL, INCC BOARD OF DIRECTORS MEETING MINUTES AUGUST 10, 2000 PRESENT Geri Aschenbrenner, Catherine Bell, Nancy Boyd-Lillie, Tom Edmundson, Jean Greenlaw, Heather Hattori, Vickie McCombs, Julie Scharnberg, Janay Tieken, and Littie Grooms ABSENT Jan Dickson and Kathy Scott STAFF Lancine Bentley - Coordinator, and Sherrill Campbell - Secretary I APPROVAL OF MINUTES Jean Greenlaw made a motion to approve the minutes The motion was seconded by Littie Grooms and carried unanimously II FINANCIAL REPORT Nancy Boyd-Lillie passed out copies of the financial report and stated that the balance of the First State Bank account is currently $47,021 08 Ms Boyd-Lillie stated that memberships are within $1 000 of the goal for the year Janay Tieken asked committee chairs to audit their available funds to see if balances are where they should be for this time of the budget year All of the committees currently have funds remaining III ACTION ITEMS A CREATE A PROJECTS TASK FORCE Janay Tieken briefly reviewed the discussion at the last board meeting regarding the creation of a projects task force Julie Scharnberg made a motion that a projects task force be created The motion was seconded by Nancy Boyd-Lillie and carried unanimously Jean Greenlaw and Tom Edmundson volunteered to serve on the task force Lancine Bentley stated that Jan Dickson had volunteered to serve also Tom Edmundson volunteered to spearhead the task force Jean Greenlaw asked if information from the 'Raise the Bar' campaign could be provided to the task force to aid in establishing some guidelines Lanane Bentley stated that she could provide that information Tom Edmundson suggested that some of the projects could partner with the Parks Department Janay Tieken stated that the group needs to make a recommendation to the board as to whether the projects are only on public lands or if private lands would also be included Lancine Bentlley stated that the projects could come from anywhere and could involve any City 9 Keep Denton Beautiful, Inc June 8, 7000 Meeting Agenda Page 2 departments For example, the board had requested that the office check into the possibility of volunteers re-painting the Bell Avenue bridge at the Civic Center Upon inspection of the bridge by the Drainage division, it was determined that the paint on the bridge is lead-based and therefore, the Drainage Division will have to conduct the bridge re-painting project B CHANGE SOUTH LAKES NATURE CENTER SUB-COMMITTEE TO A COMMITTEE Janay Tieken reviewed the discussion at the last board meeting regarding changing South Lakes Nature Center from a sub- committee to a committee The reason for the change is to strengthen the relationship between KDB and the Nature Center Committee Ms Tieken reported that Kathy Scott had agreed to chair the committee and sit on the KDB Board Jean Greenlaw made a motion to change the South Lakes Nature Center Sub-committee to a committee with the chair serving on the KDB Board The motion was seconded by Nancy Boyd-Lillie and carried unanimously C EXECUTIVE COMMITTEE RECOMMENDATIONS FOR THE URBAN FOREST COMMITTEE, i e that an ordinance be created (replacing 91-195) stating that KDB, Inc , in cooperation with City personnel, be responsible for implementing the Tree City USA criteria Janay Tieken reviewed that the ordinance change is necessary because the old ordinance designates the KDB Advisory Board (now non-existent) as the responsible entity for implementing the Tree City USA criteria Lancine Bentley stated that most likely, the ordinance may be combined with the ordinance dissolving the KDB Advisory Board Nancy Boyd-Lillie made a motion that a request be sent to the legal department to create an ordinance (replacing 91-195) stating that KDB, Inc, in cooperation with City personnel, be responsible for implementing the Tree City USA criteria The motion was seconded by Geri Aschenbrenner and carried unanimously IV DISCUSSION ITEMS Janay Tieken reviewed the need to set a date for the annual retreat at the end of the year Following discussion, the Board agreed to hold the retreat at the regular meeting on November 9 from 5 30 - 8 30 P M Officers will be elected at this meeting and will take office on January 1, 2001 10 Parks and Recreation Advisory Board May 25, 2000 Dema Recreation Center Members present Don Edwards, Dalton Gregory, Brandon Barnes, and Dale Yeatts Members absent excused Brenda Philips, Gwendolyn Carter Unexcused absence Teresa Andress Staff present Ed Hodney, Janet Simpson, Kathy Mosby, Bob Tickner, and Jame McLeod Others present Ehhu Gillespie, Jackie Sasser, Tera Dunley, and Sherri McDade representing the Juneteenth committee Chairman Don Edwards called the meeting to order at 6 00 p in AWARDS AND RECOGNITION Ed reminded the board of the department's nomination for the national Gold Medal award and that the recipient will be announced in October He also told the board about the Venture Grant from United Way given to the department's therapeutic recreation (TR) program, The funds will be used for adaptive swim and horse backing ndmg programs for the TR participants Approval of Minutes A motion was made by Dale Yeatts to approve the minutes of Apn127, 2000 Brandon Bames seconded the motion and it passed ACTION ITEMS Request to Sell Alcohol at the Juneteenth Dance Ed said that the Juneteenth Celebration is a city-sponsored event with citizen support The celebration will include a dance and the sell of alcoholic beverages in the Civic Center building City Code requires the Park Board's review and City Council approval for the sale of alcoholic beverages in the Center Ehhu Gillespie, of the Juneteenth Committee, said that Jon Jon's Nightclub would furnish DJ services, food, security, and alcoholic beverages He added that security would include committee members monitoring the parking areas too Ed said that insurance for the event would be provided ACTION Dalton Gregory made a motion to approve the request to sell alcohol at the Juneteenth dance on June 16th Dale Yeatts seconded the motion and it passed unanimously -mss Proposed Changes to Keep Denton Beautiful and the Parks and Recreation Advisory Boards Ed said that the Keep Denton Beautiful (KDB) board had approved the following recommendations the present eleven-member KDB advisory board will be dissolved, amend the role of the Parks and Recreation Board to include making recommendations to the City Council and the Parks and Recreation Director on policy matters regarding the appearance, beautification and environment of the city, temporarily 11 expand the Parks and Recreation Board to include up to two Council-appointed members of the KDB board These KDB board members will serve until their current terms expire (2001) The Parks and Recreation Board will then revert to its present size of seven appointed members, the amended board shall be called the Parks, Recreation and Beautification Board Dalton asked if the KDB would have any problems with their 501 C non-profit status Ed said the PARD board would keep with the non-profit by-laws ACTION Dalton Gregory moved that the Parks and Recreation Board concur with the proposed changes to the Keep Denton Beautiful Board and recommended the joining of the two boards be presented for City Council's approval Dale Yeatts seconded the motion and it passed unanimously. DISCUSSION ITEMS Report on Park Land Dedication and Development Fee Funds Ed reminded that Board that at the April meeting, members requested a report on the impact of the City's park dedication requirements Bob Tickner discussed the fees that have been collected to be used to construct new and/or existing parks to serve emerging developments, the location of the new parks received via the ordinance, and indicated where dedication and development fees might be directed DIRECTOR'S REPORT Maintenance Standards and Classrfcation System Janet Simpson and her managers developed a maintenance standards and classification system for the Parks operation to insure that standards are being meet The new gwdelines/checklist standardizes the time lines; how the work is to be accomplished, and how it should look when completed Janet invited the Board to participate in the inspections of the parks Ed said the standards will insure that all areas are being maintained equally and consistency throughout the city Project Status Report Ed asked if there were any questions or comments regarding the project status report There were no comments Keep Denton Beautiful Report. Ed asked if there were any questions or comments regarding the KDB report There were no comments ITEMS FOR NEXT MEETING Park System Master Plan There being no further business, the meeting was adjourned at 6 50 p in 12 Aaen(ta Aio._ lgeuiic item_ _ Oate Jl z$ Z)y AGENDA INFORMATION SHEET AGENDA DATE: November 28, 2000 DEPARTMENT: Engineering & Transportation DCM: David Hill, Assistant City Manager/Development Services SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas, amending Sections 18-151 and 18-152 of the Code of Ordinances of the City of Denton, Texas to delegate the authority to enforce parking laws to the University of North Texas Police Department for the streets and portions of streets named in the Fry Street Small Area Plan as well as all streets or portions of streets previously delegated and listed in this ordinance, authorizing the City Manager to sign an interlocal agreement between the City of Denton and the University of North Texas for the enforcement of parking regulations by the University of North Texas in the areas described within tins ordinance, providing for a severabihty clause, providing for a savings clause, and providing for an effective date BACKGROUND: The Fry Street Small Area Plan looked at several impacts that could be improved by utilizing existing systems UNT has committed significant resources to parking enforcement Fry Street is heavily impacted by students seeking short term parking instead of parking in the UNT Lots This adversely affects the businesses in this area The parking proposal also adds most of the streets between Welch and Bernard around the UNT parking lots from Mulberry down to Maple including Maple all the way to Avenue B UNT has the ability to better enforce the abusers of the parking regulations in this area through control of grades/degrees The City of Denton has a much lower collection rate with students UNT would take over the revenue from meter sources, etc such as the parking meters around the Fry Street Area RECOMMENDATION: Approve the proposed agreement with UNT PRIOR ACTION/REVIEW (Council, Boards Commissions) Reviewed and approved by Traffic Safety Commission on October 2, 2000 FISCAL, INFORMATION This change will be primarily funded by UNT There may be some minor costs that are not readily available at this time Respectfully submitted ? ' C. - Jerry Clark, Director Engineering & Transportation - 1- UNrvRS TYof s`T~ EXAS NORTH DEPT University Police February 21, 2000 Jerry Clark, P E Director of Engineering & Transportation Department City of Denton 221 N Elm Street Denton, TX 76201 RE Memorandum of Understanding with respect to Fry Street Small Area Plan Dear Jerry The University of North Texas, through its Police and Traffic Services Division, agrees to accept responsibility for the control of parking pursuant to the attached proposal It is my understanding that our agreement in this matter will be incorporated within the terms and conditions of our existing contract for parking and traffic control on streets within and contiguous to the university It is our further understanding that we will assume responsibility for the enforcement, maintenance, and revenue collection for the parking meters currently located in the Fry Street Area as designated within the attached proposal In return for our assuming this responsibility, the university will retain all generated parking fine and meter revenue Thanks for working closely with us to assure that both the City of Denton and UNT are able to meet our mutual needs for parking and traffic control in the designated areas With st regar~ ichard Deter Director attachment pc Fred Pole, UNT Vice President for Administrative Affairs Gary Matheson, City of Denton Chief of Police 2 PO Box 310948 ♦ Denton, Texas 76203-0948 (940) 565 3000 Fax (940) 369 8788 ♦ Too (800) 735 2989 ♦ w unt edu/police Minutes Traffic Safety Commission October 2, 2000 ITEM #4 REVIEW AND CONSIDER APPROVAL OF A REVISION TO ORDINANCE 91-133 WITH THE UNIVERSITY OF NORTH TEXAS FOR TRAFFIC ENFORCEMENT, WHICH INCLUDES ADDING THE FOLLOWING. A Maple - Ave D to Bernard B West Highland - South Welch to Bernard C West Prairie - South Welch to Bernard D Chestnut - South Welch to Bernard E West Sycamore - South Welch to Bernard F West Mulberry - South Welch to Bernard G Avenue A - West Hickory to South Welch H West Hickory - West Mulberry to South Welch I South Avenue B - West Hickory to West Oak J West Oak - South Avenue B to South Welch K Fry - West Oak to West Hickory L South Welch - West Oak to Avenue AtWest Mulberry Clark said this request is part of the Fry Street Small Area Plan This plan is an attempt by the City of Denton, the Fry Street Development Corporation, and others in the Fry Street area to look at that area and try to do some master planning as opposed to doing nothing This area wants to grow with the future and has been impressed with the development on the Square and the growth the Square has received The Small Area Plan has various components such as changing directions of streets and parking issues This is the first component to come to the Commission Most of the people that use this area are students It is difficult for the City to get them to pay their tickets Students leave after a few years and do not see the benefit of paying their tickets If the school enforces the tickets, they can put a hold on their grades until the tickets are paid Chief Deter, LINT, is here to give you the details of this request and LINT has been very good in joining in this partnership between the City and UNT A lot of this area is adjacent to the parking for the university The City only has two parking officers for the entire city, whereas LINT has a much larger 3 staff and a more modern system as far as parking enforcement UNT has had excellent results enforcing traffic ordinances Monticino asked if this was dust for parking enforcement Clark said yes Ridens asked if it included speeding Clark said it is traffic enforcement so it does include speeding - all traffic enforcement Richard Deter, Director, UNT Police, came forward to speak to the Commission Deter said this was the first time he has addressed the Commission He has been at UNT since April 1999 and the Fry Street Small Area Plan was already in progress when he arrived This revision is more of a negotiated agreement to update some of the things UNT was already doing with parking and traffic enforcement to meet the needs of the Fry Street area, as well as to meet the expansion needs of the university If the revision is approved, UNT would assume everything the City Police is currently enforcing There are no plans to change meter rates or parking spaces UNT and the City under point jurisdiction are currently monitoring traffic enforcement in that area Deter said he doesn't foresee this changing The parking situation would change After research, it does appear that most of the problem parking is students According to Chief Matheson, the collection mechanism has not been good UNT has agreed to takeover the enforcement of parking meters and illegal parking This includes the staffing, maintenance, and the revenue Most of the property contiguous to the side streets is owned by UNT A large percentage of that is already parking area Most of that is not controlled parking at the present, it is open parking The area off Maple Street is partly controlled and partly open LINT would probably change that zone Walters asked Deter if UNT has a set jurisdiction Deter said technically, it is countywide jurisdiction Normally, they don't go beyond the basic primary area of the campus, but as far as general law enforcement duties, they have countywide jurisdiction Ridens asked if there would be any changes in the enforcement of the traffic on Welch St between Maple and Mulberry Deter said UNT has been working with City staff on some serious concerns with traffic flow on Welch, especially with the level of pedestrian traffic One of the considerations City staff has been looking at is a configuration similar to Bell Avenue at TWU to see if it is appropriate The University has some very serious concerns as to pedestrian flow, but Welch is a mayor traffic flow area too Monticino asked if there was a way to tell how good a fob LINT is doing on collecting traffic fines Deter said the number of tickets 4 written can be reported LINT has an electronic tracking system Waiters said the main issue is LINT can put a hold on grades or records so tickets can be collected Clark said once this gets through Council, probably December or January by the time the ordinance is written, staff could request annual updates after it is implemented Sawko asked if LINT has the manpower to police the area Deter said that should not be a problem LINT has seven full-time people to do nothing but write parking tickets, along with about 20 part-time people and police if needed He said LINT would probably add more part-time people because the area needs to be checked regularly If not, it would defeat the whole purpose Walters asked if anyone wanted to speak for or against revising ordinance 91-133 No one came forward Sawko made a motion to approve the revision to ordinance 91-133 as written Lesko seconded the motion The motion passed unanimously 5 0 Co IL-,J ra ° t ' 1J F ti i H t 4! Q ! F e _ H Qi ❑ i EE--~~i 6 i F Q p Q9 ° e ci a r i i p a r IS ~ A e q ' A~ r 1 a o ' F 1 i I e I I ~ e 1~'7 w ~ i p i i c 1 ' A ti.,~ ~ , p ! H S 1 1 S 9 F a F A F i 7 6 r" W1~ le ~ i , i H 0 i i 8 S 1 E E E E` 1 I e - t i E $ H i t 1 1 O H E E 1 E 1 S ! 1 E~1 ❑ ~ i i 4~ 1 i 1 S 1 t i 1 ! t i. [ 1 1 I 1 1 ~ o ~~-r7 e ! a E ~ I-~ uo ! ! ! ! I o q p L:-, ! S 1 ! ! E ! ! 1 1 i 1 i t 1 1 t 6 s ~ 1 ~ ° H H E 1 o i0 C 1 E ~ p 1 a 1 ! C LJ u ° i o e ° 1 i t ~ 1 p t 9 b 1 1 ! o yr ~ t E 1 1 A A ~ ; C 1 t f < f/~1 ~ ~ 1 i 1 E ~ i i C f-1 l:~ t t 1 1 t E i i t ❑ ~ 1 ~ t ~ E t a ` 1 6 ~ ' ~ b5 E f I 1 I, i F n i 1 1 1 1 6 E t ! ( [IJJ ~LJL 1 H H 1J 1 a va ! I 1 t S t ! 1 11 1 ' ~ t 1 I 1 1 1 ~ 1 s wue acummLwNmNU.WtlPrtbnp oml.lne IB 1512 E ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS 18-151 AND 18-152 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO DELEGATE THE AUTHORITY TO ENFORCE PARKING LAWS TO THE UNIVERSITY OF NORTH TEXAS POLICE DEPARTMENT FOR THE STREETS OR PORTIONS OF STREETS NAMED IN THE FRY STREET SMALL AREA PLAN AS WELL AS ALL STREETS OR PORTIONS OF STREETS PREVIOUSLY DELEGATED AND LISTED IN THIS ORDINANCE, AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS FOR THE ENFORCEMENT OF PARKING REGULATIONS BY THE UNIVERSITY OF NORTH TEXAS IN THE AREAS DESCRIBED WITHIN THIS ORDINANCE, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That Section 18-151 and 18-152 shall be amended to read as follows Article V. Special Regulations at University of North Texas Sec 18-151. Authority granted to hoard of university; purposes The governing board of the University of North Texas is hereby granted and delegated jurisdiction and control of the parking lanes within the street portions described in section 18- 152, which street portions either (1) abut property owned by the state and under the control of the University of North Texas, or (2) are delegated to the University of North Texas through the Fry Street Small Area Plan, for the following purposes (1) To assign parking spaces and designate parking areas and their use and assess a charge therefor, (2) To prohibit parking as it deems necessary, (3) To remove vehicles parked in violation of its rules and regulations, the laws of the state, or the ordinances of the city, at the expense of the violator, (4) To issue traffic tickets in compliance with the procedure established by the City of Denton Municipal Court, 5\Our Oo[umunWOrEiuarca ?%rWnp ONinuu, IB 1513 Ea[ (5) To issue parking tickets in compliance with the procedures established by the University of North Texas Police Department, (6) To enforce traffic laws through its commissioned peace officers jointly with city police officers, (7) To enforce parking regulations through its commissioned peace officers and public safety officers (Code 1966, 24-171) State law reference - City delegation of parking regulation authority, V T C A, Education Code 105 93 Sec 18-152 Streets under university jurisdiction, parking restrictions (a) The portions of the streets for which the governing board of the University of North Texas has been delegated jurisdiction and control pursuant to section 18- 151 are as follows Avenue A, both sides, from Hickory Street to Mulberry Street, Avenue A, both sides, from Chestnut Street to Prairie Street, Avenue A, east side, from Highland Street to Maple Street, Avenue A, west side, from Highland Street to Eagle Drive, Avenue B, both sides, from Hickory Street to Mulberry Street, Avenue B, both sides, from Maple Street to Eagle Drive, Avenue C, east side, from Mulberry Street to Highland Street and from Maple Street to Eagle Drive, Avenue C, west side, from Sycamore Street to Highland Street and from Maple Street to Eagle Drive, Avenue D, east side, from Hickory Street to Mulberry Street, Avenue D, east side, from Prairie Street to Highland Street, Avenue D, west side, from Chestnut Street to Maple Street, Page 2 of 4 S Wor DmYloeItLsQcdtn= NThng OMitmee IB 1512 Eoo Avenue D, west side, from Sycamore Street to Chestnut Street, Central Street, east side, from Highland Street to Maple Street, Chestnut Street, north side, from Avenue A to Welch Street, Chestnut Street, north side, from Avenue D to Avenue E, Chestnut Street, both sides, from Welch Street to Bernard Street, Edwards Street, north side, from Avenue E to Avenue D, Fry Street, both sides, from Oak Street to Hickory Street, Hickory Street, both sides, from Avenue B to Welch Street, Highland Street, both sides, from Avenue E to Bernard Street, Maple Street, both sides, from Avenue D to Bernard Street, Mulberry Street, both sides, from Avenue D to Avenue B, Mulberry Street, both sides, from Avenue A to Bernard Street, Oak Street, both sides, from Avenue B to Welch Street, Prairie Street, north side, from Avenue C, west approximately four hundred (400) feet, Prairie Street, south side, from Avenue E to Avenue C and from Avenue A to Welch Street Prairie Street, both sides, from Welch Street to Bernard Street, Sycamore Street, both sides, from Welch Street to Bernard Street, Sycamore Street, north side, approximately four hundred (400) feet from Avenue C to Avenue D, Sycamore Street, south side, from Avenue E to Avenue D, Welch Street, both sides, from Mulberry Street to West Oak Street Page 3 of 4 5\Our Dmunuent Wrdurwor\OP\ParWRIONmeMe I B 131 lduu (b) However, no parking shall be permitted upon any street portion described in subsection (a) of this section which is contrary to any provision of the Texas Transportation Code, or to any ordinance pertaining to any such street portion SECTION 2 That the City Manager, or in his absence, his designee, is hereby authorized to execute an Interlocal Agreement between the City of Denton and the University of North Texas to delegate the authority to enforce parking laws to the University of North Texas Police Department for the streets or portions of the streets named in the Fry Street Small Area Plan as well as all streets or portions of streets previously delegated and listed in this ordinance SECTION 3 That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity SECTION 4 That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect SECTION 5 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 12000 EULINE BROCK, MAYOR ATTEST- JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY d Page 4 of 4 D \TdopWmvicel am THE STATE OF TEXAS § INTERLOCAL AGREEMENT COUNTY OF DENTON § This Interlocal Agreement is made between the City of Denton, Texas, hereinafter referred to as "the City" and the University of North Texas, hereinafter referred to as "the University," the effective date of the Interlocal Agreement being ,20_ The City, through its City Council, hereby delegates to the University the authority to regulate the parking of vehicles on the following Denton public streets running through or immediately adjacent to property owned or occupied and controlled by the University, to wit Avenue A, both sides, from Hickory Street to Mulberry Street, Avenue A, both sides, from Chestnut Street to Prairie Street, Avenue A, east side, from Highland Street to Maple Street, Avenue A, west side, from Highland Street to Eagle Drive, Avenue B, both sides, from Hickory Street to Mulberry Street, Avenue B, both sides, from Maple Street to Eagle Drive, Avenue C, east side, from Mulberry Street to Highland Street and from Maple Street to Eagle Drive, Avenue C, west side, from Sycamore Street to Highland Street and from Maple Street to Eagle Drive, Avenue D, east side, from Hickory Street to Mulberry Street, Avenue D, east side, from Prairie Street to Highland Street, Avenue D, west side, from Chestnut Street to Maple Street, Avenue D, west side, from Sycamore Street to Chestnut Street, Central Street, east side, from Highland Street to Maple Street, Chestnut Street, north side, from Avenue A to Welch Street, Chestnut Street, north side, from Avenue D to Avenue E, Chestnut Street, both sides, from Welch Street to Bernard Street, Page 1 of 3 D \TOmO\UmvmI tlo[ Edwards Street, north side, from Avenue E to Avenue D, Fry Street, both sides, from Oak Street to Hickory Street, Hickory Street, both sides, from Avenue B to Welch Street, Highland Street, both sides, from Avenue E to Bernard Street, Maple Street, both sides, from Avenue D to Bernard Street, Mulberry Street, both sides, from Avenue D to Avenue B, Mulberry Street, both sides, from Avenue A to Bernard Street, Oak Street, both sides, from Avenue B to Welch Street, Prairie Street, north side, from Avenue C, west approximately four hundred (400) feet, Prairie Street, south side, from Avenue E to Avenue C and from Avenue A to Welch Street Prairie Street, both sides, from Welch Street to Bernard Street, Sycamore Street, both sides, from Welch Street to Bernard Street, Sycamore Street, north side, approximately four hundred (400) feet from Avenue C to Avenue D, Sycamore Street, south side, from Avenue E to Avenue D, Welch Street, both sides, from Mulberry Street to West Oak Street On the above streets, the University is authorized (1) to assign and regulate parking spaces for its use, (2) to charge and collect a fee from its personnel and students for parking, (3) to prohibit parking, and (4) to charge and collect a fee for removing vehicles parked in violation of law ordinance or in violation of a rule governing the parking of vehicles adopted by the Boards of Regents of the University The University agrees to leave existing parking meters on Avenue A, Fry Street, and Hickory Street The University also agrees no changes will be made to the existing meters without the agreement of the City It is further agreed that this Interlocal Agreement does not (1) limit the police power of the City of its law enforcement jurisdiction, (2) render campus peace officer an employee of the City or entitle a campus peace officer to compensation from the City, or (3) restrict the power of the University under other law to enforce laws, ordinances, or rules regulating traffic or parking Page 2 of 3 D\Teinp\OnrvonlM The term of this Interlocal Agreement shall be for a period of , and terminated on This Interlocal Agreement shall be automatically renewable for successive periods of one year unless either party gives sixty (60) days written notice to termination to the other party prior to the beginning of the renewable term Signed and executed this the day of 20_, by the appropriate representatives of the City and the University, the effective date of the agreement to be 20_ CITY OF DENTON, TEXAS BY MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY UNIVERSITY OF NORTH TEXAS BY ATTEST BY Page 3 of 3 ;orprea Mo QP 05~ "g®uuslki.kn~ AGENDA INFORMATION SHEET WU AGENDA DATE: November 2g, 2000 DEPARTMENT: Engineering & Transportation DCM: David Hill, Assistant City Manager/Development Services SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas providing no parking on the north side of Prairie Street from its intersection with Bonme Brae east one hundred and eighty feet, providing for a severability, clause, providing for a savings clause, providing for a penalty not to exceed two hundred dollars, and providing for an effective date BACKGROUND: This proposal is based on the need for extra capacity at the intersection of Prairie and Bonnie Brae The TIA for the Campus Student Housing Project to the West of Bonnie Brae showed the need for a right turn lane The developer agreed to build 4' and the no parking here is necessary to use the existing pavement to complete the turn lane A copy of the plan is enclosed Staff had looked at no parking on the south side but it was agreed at the Traffic Safety Meeting that this was not integral to the turn lane and was deleted RECOMMENDATION: Approve the No parking and provide for the turn lane PRIOR ACTION/REM EW (CouncilBoards Commissions) Reviewed and approved by the Traffic Safety Commission on October 2, 2000 FI C Y MQRMATION The no parking signs will be installed by the City of Denton at a cost around $300 The developer will spend several thousand building the turn lanes Respectfully submitted u~ 7 lark, D rector Engmeenng & Transportation I Traffic Safety Commission Meeting October 2na, 2000 ITEM #3 REVIEW AND CONSIDER APPROVAL OF THE REQUEST FOR NO PARKING ON THE NORTH SIDE OF PRAIRIE STREET BETWEEN BONNIE BRAE AND 180' EAST, AND ON THE SOUTH SIDE 150' EAST Background This request is from the Protect Manager of the University Courtyard Apartments Protect for the developer, Ambling Development Company The developer was required to submit a traffic impact analysis That report outlined certain public improvements in the area that would be required for the development to offset their traffic impacts on the surrounding neighborhood One of the Improvements required of this developer is to add a right turn lane for westbound Prairie Street at Bonnie Brea We have attached a copy of the proposal Improvements that will require a road extension of about 4' and for the parking to be removed in this area The first site is a Southwestern Bell long distance fiber or cable station They have very little traffic The second site effected is an apartment complex The petitioner contacted the effected property owners (see enclosed) There have been no comments received by staff or the petitioner on the mailing date of this agenda Staff visited with the occupant of Marks Beer Barn, Man Koh, on the south side of Prairie Street about removing parking on the south side of Prairie, 100 feet east of Bonnie Brae since this intersection will become more congested He says he has no objections other than his beer supplier's park in the street while making deliveries Recommendation, Staff recommends approval of the no parking proposal to support the requirements of the University Courtyard TIA 2 Minutes Traffic Safety Commission October 2, 2000 ITEM #3 REVIEW AND CONSIDER APPROVAL OF THE REQUEST FOR NO PARKING ON THE NORTH SIDE OF PRAIRIE STREET BETWEEN BONNIE BRAE AND 180' EAST; AND ON THE SOUTH SIDE 150' EAST. Clark said this request is from the Ambling Development Company Jeff Miles is here from Jones & Boyd, a civil engineering firm, to answer any questions Basically, there is a large apartment complex on the west side of Bonnie Brae that will primarily house students from UNT Based on the traffic impact analysis, one of the improvements recommended is a right turn lane on West Prairie Street The existing configuration of Prairie Street would not allow the turn lane In order to make the turn lane, Jones & Boyd is using some of the existing street, which had parking on it It starts at nothing right here and builds up to four feet and adds a new radius This defines where the right turn lane will be and the through lanes are marked Staff complicated things by asking for parking to be removed from the south side as well as the north Staff talked to business owners, especially the Beer Barn and the only objection they had was that their beer trucks stop in the street while unloading In order to be consistent with what Ambling Development and Jones & Boyd are asking for, staff feels it would be better to ask the Commission to only consider the north side for no parking Staff confirmed this with Jones & Boyd and unless the Commission objects, only the north side will be considered This proposal would allow people to make right turns and keep traffic from stacking as the current configuration does now Walters asked if anyone had any questions for Clark Bissell asked if there was a sidewalk on Bonnie Brae Clark said yes Jeff Miles, Jones & Boyd, Dallas, came forward to speak to the Commission He said this request was part of a zoning application that was approved at the last City Council meeting After the traffic impact analysis and review by the City, it was desired that the turn lane be implemented The apartment complex development is basically located on the southwest corner of Bonnie Brae and Oak streets It was felt that this particular route on Prairie Street is one of the direct routes from the apartments to UNT It was felt that the traffic on Prairie Street would increase slightly due to students coming and going to classes 3 Walters asked if anyone had questions for Miles There were no questions Walters asked if there was anyone else to speak for or against the no parking proposal No one came forward Sawko asked Clark if staff would put No Parking signs on Prairie Clark said yes, if approved, probably one at the corner and one at the eastern end Cheek made a motion to approve the request for No Parking on the north side of Prairie Street between Bonnie Brae and 180' east Smith seconded the motion The motion passed unanimously 4 •..a i.ir T-188 P 003/004 F-411 BONNIE BRAE ST. I w i t (!1 5 1 - 55 V 1 • I - F O {{{JJJ ~ ~ IQ - 1I z~ m 0 I c. n o- FTf ! X- ! N d N -f-t I a 4 /V m ti ~.«nv r ~ Cr n •°c S C i ml r D ! ! 1 ! ! tea-20-00 M23ae Frog-Jones l Boyd 5 B1 y T-O&r6t04/004 F-411 • - - - - - - .~•1 n.r.wv. i. vas S~ Ur DmOmnn50W[npme PMLnn SVttI NO PUWAgft ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING NO PARKING ON THE NORTH SIDE OF PRAIRIE STREET FROM ITS INTERSECTION WITH BONNIE BRAE EAST ONE HUNDRED AND EIGHTY FEET, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDIING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS, AND PROVIDING FOR AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENTON,TEXAS HEREBY ORDAINS SECTION 1 When signs or markings are in place giving notice thereof, no person shall park a vehicle on the north side of Prairie Street from its intersection with Bonme Brae Street east for one hundred and eighty (180) feet It shall be a defense to prosecution if a vehicle must stop there to avoid conflict with other traffic or to comply with the direction of a police officer or official traffic control device SECTION 2 If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity SECTION 3 Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect SECTION 4 Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed two hundred dollars SECTION 5 This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR S Our DoaulenlsO dtn %MW lne Sven No PurWg Eoc ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 71 Page 2 of 2 allen~?'1~ _ aw- AGENDA INFORMATION SHEET llatb Ll A2 l() AGENDA DATE: November 28, 2000 DEPARTMENT: Engineering & Transportation DCM- David Hill, Assistant City Manager/Development Services B Consider adoption of an ordinance of the City of Denton, Texas changing portions of Cedar, Austin, Pecan, Hickory, Oak, and Elm Streets to one-way traffic to help improve traffic flow on the downtown square, providing a savings clause, providing a severability clause, providing a penalty not to exceed two hundred dollars, and declaring an effective date BA KG OUND: The Square Community has been working on a Plan for reworking how the parking, street patterns and reconstructing the concrete works that have deteriorated severely Thanks to Julie Glover, an extensive public involvement process has occurred The groups that have participated have agreed that the one way change to the perimeter streets is essential , especially during the initial construction stage of the Square That project is out for bids now and should start in January 2001 The change to one way on the perimeter allows additional parking to occur immediately which will ease the construction impacts some A copy of that plan is attached for reference A set of the construction plans will also be available at the meeting FECOM_MENDATION: Approval of the one way designation of the streets above in accordance with the Square Plan from Armstrong, Berger PRIOR TIONMEYELW (Council.-Boards. Commissional Reviewed and approved by the Traffic Safety Commission on October 2, 2000 FISCAL 'INFORMATION The cost of the changing of these signs is estimated to be in the range of $3000 which will come from the existing traffic budget Respectfully submitted Je t'k, Air ctor~ Engineering & Transportation I 0 1 CITY OF DENTON, TEXAS Main Street • 100 N Locust, Suite 2 • Denton, Texas 76201 Telephone (940) 349.8529 • FAX (940) 349-8518 MEMO Date- September 21, 2000 To: Jerry Clark, Engineering From: Julie Glover, Main Street Program Manager Re- One-way streets (Cedar, Pecan, Austin and Walnut) Jerry, I've attached a copy of the letter that was sent out last week (9-13-00) We also sent a map (attached) with the memo There were 77 merchants and property owners contacted, 23 are Main Street Association members, and 54 are not members I have received one phone call as a result of the letter Bill Collins, co-owner of Carol's Draperies and a loft apartment resident, commented that we needed to enforce the "Compact Cars Only" parking on the side of the Texas Building (Locust and Oak) He said there are Surburbans parked there and, if someone is trying to turn left onto Locust off of Pecan, there is a problem seeing the on coming traffic I told lum I would notify the Police Department 2 "Dedicated to Quality Service" CITY OFDENTON TEXAS Main Street • 100 N Locust, Suite 2 • Denton, Texas 76201 Date September 13, 2000 a ep one 1940) 349-8529 - FAX (940) 349-8518 To Downtown Merchants From Julie Glover, Blain Street Program Manager Re One-way streets (Cedar, Pecan, Austin and Walnut) Just a note to recap what we've been discussing for the past two Nears - one of the suggestions that came out of the Capital Improvement Plan discussions was to change the back streets (Cedar, Pecan, Austin and Walnut) around the square from two-way to one-way Listed below are meetings with the Main Street Association (MSA) and merchants on the square where we discussed the CIP and one-way streets 1999 June 18-NISA Meeting 2000 March 7-Neighborhood meeting, March 17-MSA meeting, July 21-MSA Meeting, August 10- Neighborhood meeting, August 15-Neighborhood meeting Notices were hand deliNered to the merchants for the last tNNo meetings and the oNerishelm ng majority was in agreement with making the back streets one-wav They also felt that NNe should implement this as soon as possible Construction on the capital improsements will begin in January and the one-waN streets Nidl proNide 15 extra parking spaces To aNofd traffic conflict movement at the Northeast side of the square (Hickory and Locust) it was suggested that we extend the one-ear direction of Hickory to Austin Streets Currently, the one-way stops at the square intersection Likewise, at the Southeast corner (Oak and Locust), we should extend the one-NNay direction to Austin This will force vehicles to turn onto Austin rather than waiting until they reach Locust on the square The initial public hearing was held at the Civic Centel about two years ago Most recently, Main Street held meetings at Ruby's Dinner on Thursday, August 10, 2000, and'Iuesday, August 15, 2000 The primary subject discussed Ni as changing Oak and Hickoi y to one way all the waN to Austin St and changing the perimeter streets like Austin, Pecan, Cedar and the rest of Walnut to One way running in the opposite direction that Oak, Hickory, Elm and Locust run A map of the proposed changes is included NNith this memo Many large cities halve their doNNntown streets designed like this including FT Worth and Dallas Although there was significant discussion in both groups, the clear direction given to staff in both of the meetings was that changing the streets should proceed The tentatiNe starting date for the Square project is early 2001 Those in attendance recommended that the perimeter streets and Oak and Hickory to Austin be changed to one NNaN as quickly as possible Their primary interest was the added safety and additional parking spaces that will be gained The section of Walnut betNNeen Locust and Elm is already one NNa) heading west, approNed about 1 year ago TECHNICAL INFORMATION Oak and Hickory currently changes from One WaN to Two Way at Locust, e hah greatlN impacts the safety and capacity of those mtei sections One-waN streets halve less than half of the number of conflict movements that tNNo-way intersections halve because only two directions of floNN halve to be controlled 1 he number of left turns is reduced which is the primary conflict movement that causes accidents and reduces capacity Since the traffic signals have onfN two movenments to control instead of 8 when all left turns are separated, the capacity of the intersection is greatfN increased This alloNNs traffic to moNe quicker due to shorter cN cle lengths, ollmNs better corn duration of the traffn. signals, and reduces the number of redh Blow lights that need h ansitmon phases or that can be Niolated Red light runnei s create the NNorst possible safety b izards Reducing the number of left turns NNmnng for Nc11oNNs to make their movement in betNNeen phases is another primary satetv miproNeurcnt Those collisions are prmmartIN right angle collisions that result in the highest le%el of damage and injury to participants Please address additional comments to Julie Glover at the Main Street office at 940-349-8522 The Traffic SafetN Commission NNill meet on Oct 2 at 5 30 p m in the CitN Council Chambers at CitN Hall to Note on this issue 3 "Dedicated to Quality Service" UNVJAVU idialsnnNi I~ o of s € w k Z m s z D Y 5© w U r J E Li - a a Q - - u' U hh ty1, ntif h~ C' S,~ 'TM . 'v Tc ~ i A ~ V J A E-lsnoo-i E- w'~ . r S ~ Z tr ~ ~ Q r _ c ° = - E = l7 u 3 N'13 Li J G W q ej"" ♦ `y" ~rVEF t F " ® wtt re Q F A 6V A ^ J 2` _ ~ A flu Fi 3 LLJ o ~ z 0 p F W ' A o g R S Y 3 4 One Way Street List-2000 Contact Name Business Address Address 2 Don Grimmer Grimmer Rugs 109 N Elm Denton, TX 76201 Ken Willis Ruby's Diner 111 N Elm Denton, TX 76201 Wayne Stiles Denton Comm Church 115 N Elm Denton, TX 76201 Frank Zan erI First People's Jewel 117N Elm Denton, TX 76201 Wayne Stiles Vision Ministries 119 N Elm Denton, TX 76201 Bill Ennis Freeman Antiques 121 N Elm Denton, TX 76201 Randall Boyd Attorney 123 N Elm Denton, TX 76201 Suzanne Robinson Count Seat Antiques 207 N Elm Denton TX 76201 Bill Thomas Thomas Ethan Allen 205 A & B N Elm Denton, TX 76201 Leland White White's Furniture 101 W Hickory Denton TX 76201 Pat Davis Memories So Special 105 W Hickory Denton, TX 76201 Valeree Clegg, Chestnut Tree 107 W Hickory Denton, TX 76201 Celia Reid Evers 109 W Hickory Denton, TX 76201 Karen Wilson Courthouse Collection 111 W Hickory Denton, TX 76201 Kim Kitchens Denton County Hamburger 113W Hickory Denton, TX 76201 Bob Moses Elements of Design 115W Hickory Denton, TX 76201 Beth Marie Cox Beth Marie's Ice Cream 117W Hickory Denton, TX 76201 Anita Bruno Loophole 119W Hickory Denton, TX 76201 Jerry Taylor Lakeside Offices 121 W Hickory Denton, TX 76201 Clint Ballard Hickory Street Offices 207 W Hickory Denton, TX 76201 Resident 209 W Hickory Denton, TX 76201 Carrell Ann Simmons First State Bank 101S Locust Denton, TX 76201 Julie Glover Denton Main Street 100 N Locust #2 Denton, TX 76201 Gene Gamble Gene Gamble Agency 102 N Locust Denton, TX 76201 Jimmy Meredith The Downtowner 104 N Locust Denton, TX 76201 Lloyd Hensle T & Son's 106 N Locust Denton TX 76201 Leo Will Mini Mall 1 108 N Locust Denton TX 76201 Leo Will Mini Mall 11 118N Locust Denton, TX 76201 And Bostick Andy's Subs & Pizza 122 N Locust Denton, TX 76201 Beck Klett Rec cled Books 200 N Locust Denton, TX 76201 Robbie Page Boch 's Baker 114-116 N Locust Denton TX 76201 Bill Thomas Thomas Ethan Allen 200-206 W Oak Denton, TX 76201 Scott Brown Texas Building 100 W Oak Denton, TX 76201 Virginia McNeill McNeill's Appliances 104 W Oak Denton, TX 76201 Joann Shipley Attorney 108 E Oak Denton, TX 76201 Tim Robinson' Beile wick's 108-B W Oak Denton, TX 76201 Valerie Von Bergen Seeds Art Gallery 108-A W Oak Denton, TX 76201 Brenda & Sam Soules Austin Street Antiques 110-B W Oak Denton, TX 76201 Robb Bertelsen The Cand Store 110-A W Oak Denton, TX 76201 Carol Collins Carol's Custom Dra erie 112 W Oak Denton TX 76201 Larry McBride McBride's Pawn & Music 116W Oak Denton, TX 76201 Carolyn Bastain Mr Gattis Pizza 118W Oak Denton TX 76201 David Gosdin Stone Sou 120 W Oak Denton, TX 76201 Carol Sanford Don Hickey Attorney 124 W Oak Denton, TX 76201 Chris Savino Chris Savino's Guitar 208 W Oak Denton TX 76201 Campus Theater 214 W Hickory Denton TX 76201 Robert Sherman Longhorn Gallery 101 N Elm Denton, TX 76201 Side Street hair 118 Cedar Denton, TX 76201 TRAC 215 W Oak Denton, TX 76201 I Sue's Bride & Formal 216 W Oak Denton, TX 76201 Denton Fire De artment 211 Cedar Denton, TX 76201 Shared/Mnst/MSA/ One Way Street list-2000 5 One Way Street List-2000 Denton Firefighters Assn 215 Cedar Denton, TX 76201 Cit Hall West 221 N Elm Denton, TX 76201 Wayne Johns n Unique Barber 205 N Elm Denton, TX 76201 Heirloom Furniture 212 N Austin Denton, TX 76201 Charles Mayfield Woodworking & Design 210 N Austin Denton, TX 76201 Auto Body Shop Design 218 N Locust Denton, TX 76201 Duane Coker Attorney 118 E McKinne Denton, TX 76201 VO1 Partners 201 N Austin Denton, TX 76201 Five Star 117 E Oak Denton, TX 76201 Gerald Stockard Attorney 120 E Oak Denton, TX 76201 Bruce Robertson 108 E Oak Denton, TX 76201 Marion Graha Hair Salon 121 Pecan St Denton, TX 76201 B & 0 Automotive 219 N Locust Denton, TX 76201 Davis Studio 124 N Austin Denton, TX 76201 Austin Street Antiques 121 N Austin Denton, TX 76201 Robinson & Robinson Att 120 N Austin Denton, TX 76201 Brilliant Technologies 116 N Austin Denton, TX 76201 Jim Griffin Griffin Hair Stylist 113 E Hickory Denton, TX 76201 computer Dynamics 100 N Locust #3 Denton, TX 76201 Wayne Allen Construction 100 N Locust #1 Denton, TX 76201 David Martino The Bank Building 4974 Christi Lane Aubrey, TX 76227 Curtis Loveless Attorney 218 N Elm Denton, TX 76201 DATCU 225 W Mulberry Denton, TX 76201 Ton Jeter United Mattress 220 W Oak Denton, TX 76201 Bob Harmon Sweetwater 115S Elm Denton, TX 76201 Mike Kevlin Big D Properties P 0 Box 270874 Flower Mound, TX 75027 Shared/MnstIMSA/ One Way Street list-2000 6 Traffic Safety Memo September 11, 2000 Meeting ITEM #2 REVIEW AND CONSIDER THE DOWNTOWN PUBLIC IMPROVEMENT PLAN AND PROPOSED ONE-WAY STREETS - HICKORY, WALNUT, LOCUST, AUSTIN, OAK, PECAN, ELM, AND CEDAR BACKGROWND This request is from the Main Street Office as part of the Downtown Project approved in the 1996 Capital Improvements Program The first phase involves upgrading the Square Proper to look much like the Longhorn Gallery Corner Staff will have a set of those plans available at the meeting to view or answer any questions A memo from Julie Glover, Main Street Manager, is provided in your packet to summarize the last two years of discussions, that have occurred on this issue The initial public hearing was held at the Civic Center about 2 years ago Most recently, Main Street held meetings at Ruby's Dinner on Thursday, August 10, 2000, and Tuesday , August 15,2000 The primary subject discussed was changing Oak and Hickory to one way all the way to Austin St and changing the perimeter streets like Austin, Pecan, Cedar and the rest of Walnut to One way running in the opposite direction that Oak, Hickory, Elm and Locust run A map of the proposed changes is included in your backup Many large cities have their downtown streets designed like this including FT Worth and Dallas Although there was significant discussion in both groups, the clear direction given to staff in both of the meetings was that changing the streets should proceed on The tentative starting date for the Square project is early 2001 Those in attendance recommended that the perimeter streets and Oak and Hickory to Austin be changed to one way, as quickly as possible Their primary interest was the added safety and additional parking spaces that will be gained Again, Julie's memo addresses the discussions and the final recommendation The section of Walnut between Locust and Elm is already one way heading west, approved about 1 year ago TECHNICAL INFORMATION Oak and Hickory currently changes from One Way to Two Way at Locust which greatly impacts the safety and capacity of those intersections One way streets have less than half of the number of conflict movements that two way Intersections have because only two directions of flow have to be controlled The number of left turns is reduced which is the primary conflict movement that causes accidents and reduces capacity Since the traffic signals have only two movements to control instead of 8 when all left turns are separated, the capacity of the intersection is greatly increased This allows traffic to move quicker due to shorter cycle lengths, allows better coordination of the traffic signals, and reduces the number of red/yellow lights that need transition phases or that can be violated Red light runners create the worst possible safety hazards Reducing the number of left turns waiting for yellows to make their movement in between phases is another primary safety improvement Those collisions are primarily right angle collisions that result in the highest level of damage and injury to participants RECOMMENDATION Staff recommends that Traffic Safety approve the one way designations for Oak, Hickory, Pecan, Cedar, Walnut, and Austin as per the map This is consistent with the Downtown Plan created by Armstrong and Berger Architects for the City of Denton A copy of that will be available at the meeting 7 Minutes Traffic Safety Commission October 2, 2000 ITEM #2 REVIEW AND CONSIDER THE DOWNTOWN PUBLIC IMPROVEMENT PLAN AND PROPOSED ONE-WAY STREETS - HICKORY, WALNUT, LOCUST, AUSTIN, OAK, PECAN, ELM, AND CEDAR- Sawko made a motion to open discussion of the Downtown Public Improvement Plan and proposed one-way streets Monticmo seconded the motion Motion passed unanimously Clark said this is the proposal to create one-way streets on the Square The Commission has heard all the technical data Staff needs to be sure the Commission has enough detail on the notification This process has been going on for about two years, including many public meetings and about four workshops, two of which were mentioned at the last meeting Business owners were invited to look at the plans and express any concerns or questions Julie Glover, Main Street Manager, has tried to provide information that these one-way streets will be a benefit When these streets are made one-way and one lane, there will be more parking spaces immediately Everyone on the Square is interested in more parking Glover has put a lot of time and hard work into this effort to make it happen Walters said this issue was tabled at the last meeting because of lack of notification to all business owners, not dust members of the Main Street Association Has the notification been sent? Glover said there is a two-page list given to the Commissioners The names in bold print are members of the Association Seventy- seven (77) businesses were notified Glover said the first notice was physically carried around to each business so she could get feedback from everyone She only received a couple of negative comments The businesses knew about the meeting tonight and didn't choose to come Chairman Walters asked if anyone wanted to speak for or against the Downtown Improvement Plan No one came forward The public session closed 8 Sawko made a motion to approve the plan of one-way streets as written Cheek seconded the motion The motion passed unanimously 9 R ldlalsnaw] N s E T11 Fj y N ❑ Z @ ❑ s ❑ O r 9 W R (U z - m a z ~ ❑ x Y 5© W i s H J w y - a ¢ Q s _ § w u IA211 f~ ^I 4i}1 y~`Q Yfi O~ j~l C. +/f h ~(C (R1 .~^7 ,"~,~x,fl'M Cpl. { a v. v s aAli It IU 8 S ' ~ _ ~ I s ' kt f-1sn30"1 ~~f e z 8 - 3 s= fi-- y T y= ~ 0 P u o _ = 3 LJ IU - = N Q W-13 w 1J'I^~' [ II ~ I1Y ~ 'I I H III X11 ry I V(13 Q~ N A `0 I 'A V N h QQ N n ry N ^ I ru n N ~i P N ~ N NI ry - ' N N ~ N N N A NN N Q N N N N N Fl' LLJ p^ Z I II fi NO ix A ~ ~ W r ~ ~ g A m R m ~ 8 9 Y 10 S tour DocumcotWrdinenoos W cwry on Squar<aoe ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING PORTIONS OF CEDAR, AUSTIN, PECAN, HICKORY, OAK, AND ELM STREETS TO ONE-WAY TRAFFIC TO HELP IMPROVE TRAFFIC FLOW ON THE DOWNTOWN SQUARE, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 When signs or markings are in place giving notice thereof, the following street or portion of a street shall be designated for only one-way traffic heading west and it shall be unlawful to travel east on that portion of the street On Walnut Street from its intersection with Austin Street to its intersection with Cedar Street On Oak Street from its intersection with Austin Street to its intersection with Jagoe Street or Avenue C SECTION 2 When signs or markings are in place giving notice thereof, the following street or portion of a street shall be designated for only one-way traffic heading east and it shall be unlawful to travel west on that portion of the street On Hickory Street from its intersection with Avenue C to its intersection with Austin Street On Pecan Street from its intersection with Cedar Street to its intersection with Austin Street SECTION 3 When signs or markings are in place giving notice thereof, the following street or portion of a street shall be designated for only one-way traffic heading south and it shall be unlawful to travel north on that portion of the street On Austin Street from its intersection with East McKinney Street to its intersection with East Mulberry Street SECTION 4 When signs or markings are in place giving notice thereof, the following street or portion of a street shall be designated for only one-way traffic heading north and it shall be unlawful to travel south on that portion of the street On Cedar Street from its intersection with East Mulberry Street to its intersection with East McKinney Street s wur uoammuwNmvpcMawna wry on 8quvre Ett SECTION 5 That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect SECTION 6 That if any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 7 Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200 00) SECTION 8 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of 12000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 of 2 Agenda No ®D 05D AGENDA INFORMATION SHEET - Agenda Item Date- E AGENDA DATE: November 28, 2000 DEPARTMENT: Main Street CM/DCM/ACM: David Hill, 349-8314 SUBJECT - SI-00-020 (Sandwich Board Signs) Hold a public hearing and consider an ordinance amending Chapter 33 of the Code of Ordinances, amending Sec 33-2, providing for definition of sandwich board signs, amending Sec 33-4, providing for the allowance of sandwich board signs in the Central Business District, amending Sec 33-184, providing for the standards for sandwich board signs, providing for a penalty in an amount not to exceed five hundred dollars, and providing for an effective date The Planning and Zoning Commission recommended approval with conditions (6-0) BACKGROUND The downtown merchants asked that the sign ordinance be revised to allow sandwich signs in the downtown area Other factors for amending the sign ordinance ➢ The signs are historically correct for this area and, in other cities, have increased pedestrian traffic The Square will be listed in the National Register of Historic Places this year ➢ The sidewalks in downtown are currently eight to twelve feet wide and provide adequate space for sandwich sign placement (Sidewalks in other parts of the city range from two toifive feet, with four feet being the average ) Sidewalks are included in the upcoming CIP and all sidewalks around the square will be 12 feet wide Improvements are slated to begin in January 2001 ➢ The city has been actively involved in the revitalization of downtown for the past eleven years City Council has included downtown in a small area plan for the Downtown/University Core District Downtown is also being treated as a high pedestrian traffic area in the City's Comprehensive Plan ➢ In 1997, the Historic Landmark Commission, the Main Street Association, the Downtown Development Advisory Board and the Denton City Council endorsed "Property Appearance Guidelines" for this central business district In these guidelines (p 21), sandwich signs are listed as a recommended type of signage for downtown pedestrian areas ➢ As downtown Denton is the most historic and unique section in town, it should be treated as a special district concerning signage Downtown has already received other code- related consideration for parking and landscaping There are no parking or landscape requirements in the Central Business District Amending the sign ordinance would be another appropriate consideration for this area 1 PRIOR ACTION/REVIEW The following is a chronology of SI-00-020, commonly known as Downtown Sandwich signs amendment Approved by the Denton Main Street Association, August 20, 1999 Approved by the City of Denton Historic Landmark Commission, September 18, 2000 Approved by Planning & Zoning Commission, October 25, 2000 ESTIMATED PROJECT SCHEDULE None FISCAL INFORMATION None P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission on October 25, 2000 recommended approval with conditions (6-0) to amend Chapter 33, Sign and Advertising Devices to allow sandwich board signs in the Central Business District The Planning and Zoning Commission's condition was to add a provision to Section 3 d 10 that says that an applicant can appeal the decision of the Preservation Officer to the Historic Landmark Commission It was determined by the City Attorney's Office after the meeting that appeals to the Sign and Advertising Devices Chapter can only be made to the Zoning Board of Adjustment The draft ordinance does not include the condition recommended by the Planning and Zoning Commission OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zoning Commission Report, October 25, 2000, SI-00-020 2 Planning and Zoning Commission minutes from October 25, 2000 3 Draft Ordinance Respectfully submitted Douglas S Pbwell, AICP Director of Planning and Development Prepared by Marc Rat liff, evelo ent Review Manager 2 ATTACHMENT 1 Agenda No to PLANNING AND ZONING COMMISSION Datedalte oo STAFF REPORT Subiect• Signs and Advertising Devices Case Number SI-00-020 Staff Marcy Ratcliff, Development Review Manager Agenda Date October 25, 2000 for Julie Glover, Main Street Coordinator 2{~ Etd t a 3~ '&va p IRPO E Hold a public hearing and consider making a recommendation to the City Council regarding an ordinance amending Chapter 33 of the Code of Ordinances, Signs and Advertising Devices The request is to specifically amend Section 33-2, providing for the definition of sandwich board signs, amending Section 33-4, providing for the allowance of sandwich board signs in the Central Business District, and amending Section 33-184, providing for the standards for sandwich board signs -12M r V The purpose for amending the Signs and Advertising Devices is to define, set standards and allow sandwich board or "A" frame signs in the Central Business District zoning district Sandwich board signs are currently not allowed in any zoning district The proposed amendments have been reviewed and approved by the Main Street Association Board on August 20,1999 (Enclosure 1) and the Historic Landmark Commission on September 18, 2000 (Enclosure 2) Building Inspections has also reviewed the draft language The draft ordinance is attached (Enclosure 3) for your review Attached to the staff report is an example of a sandwich board sign (Enclosure 4) and a map illustrating (Enclosure 5) the limits of the Central Business District E4 @-@ ~ ; Yn k N$ uiM1 i' ,t3kf Notice of the request was published in the Denton Record-Chronicle on Saturday, October 14, 2000 Property owners are not required to be noticed for Zoning Ordinance amendments Staff recommends approval of SI-00-020 for amendments to Section 33, Signs and Advertising Devices for sandwich board signs 7j7,7 I move to recommend approval of SI-00-020 3. C \My DocumentsTROJECTS\SI Cases\SI 00-020 4 Sandwich Board Signs doe L -4 1 Recommend approval as submitted 2 Recommend approval with changes 3 Recommend denial 1 Excerpt of minutes from Main Street Association Board meeting August 20, 1999 2 Excerpt of minutes from City of Denton Historic Landmark Commission meeting September 18, 2000 3 Draft ordinance 4 Example picture of similar signs in downtown McKinney 5 Map of Central Business District 4. C \My Documents\PROJECTS\SI Cases\SI-00-020 4 Sandwich Board Signs doc ENCLOSURE 1 EXCERPT FROM MINUTES MAIN STREET ASSOCIATION MEETING Friday, August 20, 1999, 8:00 a.m 100 N Locust, Suite 2 PRESENT: Dan Martin, Bette Sherman, Bill Thomas, Shirley Cagle, Michael Monticino, David Fender, Linda Ratliff, and Verme Wilson STAFF Julie Glover, Catherine Morello, and Joyce Jeter 7. Hold a discussion and make a recommendation concerning amending the City of Denton sign ordinance to allow "sandwich" signs in the downtown area - Julie Glover Julie distributed a copy of the proposed ordinance She suggested amending the sign ordinance to allow sandwich signs in the Central Business District The signs would conform to the specifications listed in the proposal Julie asked for a motion from the board so that she could send the recommendation to the legal department Julie will check on wheelchair accessibility around signs Vernie Wilson made the motion to recommend the proposed change David Fender seconded the motion The motion passed unanimously 5. ENCLOSURE 2 Excerpt From Minutes Historic Landmark Commission September 18, 2000 VII Receive a report, hold a discussion and make recommendations to the Planning and Zoning Commission and City Council concerning amendments to the city sign ordinance allowing sidewalk "sandwich" signs in the central business district. This amendment to the existing ordinance would allow the business in the central business district to display "A" frame or "sandwich" signs in front of their stores The signs would be subject to meet size standards, be well constructed and weighted against the wind, as specified in the amended ordinance Steve Boedeker made a motion that BLC recommend approval of the amended sign ordinance to the Planning and Zomng Commission and to the City Council Lanelle Blanton seconded the motion The motion passed 8-0 6. ENCLOSURE 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES, CITY OF DENTON, TEXAS, AMENDING SEC 33-2, PROVIDING FOR DEFINITION OF SANDWICH BOARD SIGN, AMENDING SECTION 33-4, PROVIDING FOR THE ALLOWANCE OF SANDWICH BOARD SIGNS IN THE CENTRAL BUSINESS DISTRICT, AMENDING SEC 33-184, PROVIDING FOR THE STANDARDS FOR SANDWICH BOARD SIGNS, PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Central Business District include the historic downtown square which is listed in the National Register of Historic Places, and WHEREAS, most of the sidewalks in the Central Business District are wider than sidewalks in other areas of the City of Denton, and WHEREAS, historically sandwich board or "A" frame signs were allowed on the sidewalks of the city during the period reflected by the historic architecture of the downtown square, and WHEREAS, allowing sandwich board or "A" frame signs will promote the continued historic accuracy of the central business district by reducing the need for more modern advertising mechanisms NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Section 33-2 of Chapter 33, Code of Ordinances, City of Denton, Texas is amended by adding the definition as follows Sandwich board or `A" frame sign is a portable sign, consisting of two panels of equal size, made of painted, decay-resistant wood, which are hinged at the top and placed on the ground or pavement so as to be self-supporting SECTION 2 That Section 33-4(4) of Chapter 33, Code of Ordinances, City of Denton, Texas is amended to read as follows (4) Signs on public property Any sign located on or attached to a public street light, utility pole, hydrant, bridge, traffic control device, street sign or other public structure or building, or any sign, other than a stake sign, located in, on, over, or within a public street, sidewalk, alley easement or right-of-way This prohibition shall not apply to projecting signs or sandwich board or "A" frame signs in central business districts as permitted by this article, markings made on public sidewalks as permitted by the Code of Ordinances, or wind device signs placed over a public street by the city of advertise annual community events SECTION 3 That Section 33-184 of Chapter 33, Code of Ordinances, City of Denton, Texas is amended to read as follows Sec 33-184 Central business districts The following regulations shall apply to signs in central business zoning districts 7. (a) Type Ground, wall, roof, temporary, wind device, projecting, and sandwich board or "A" frame signs are permitted in central business districts (b) Effective area and height No ground or roof sign shall have an effective area greater than sixty (60) feet, and no ground sign shall have a height greater than six (6) feet (c) Right-of-way limitation on projecting signs No projecting signs shall project or extend into the public nght-of-way for a distance of more than ten (10) feet or within trivo (2) feet of the nearest curbhne, whichever is more restrictive No projecting sign, supporting structure or part thereof which extends into the public right-of-way shall occupy any of the space between the ground level and eight (8) feet above the ground level in the right-of-way (d) Sandwich board signs or "A" frame signs must conform to the following regulations (1) Maximum sign height shall be three (3) feet (2)Maximum sign width shall be two (2) feet and signs shall not be placed in front of adjoining property and no portion of the sign shall extend more than three (3) feet from the building face (3) Signs must be properly anchored (temporarily) or weighted against the wind (4) A minimum clear sidewalk width of forth-eight (48) inches shall be maintained (5) Chalkboards may be used for daily changing messages and no changeable letter on tracks may be used (6) Signs shall be designed and constructed so as to promote and not visually obscure the significant architectural features of the National Register District and its buildings (7) Signs must be removed after business hours (8) No other portable signs are permitted (9) Sidewalks must be at least ten (10 feet wide in order to erect or maintain a sandwich board or "A" frame sign (10) Permits meeting the above regulations shall not require a sign permit fee Applications for sandwich board or "A" frame signs must be approved by the City of Denton Historic Preservation Officer before the issuance of a permit and all applications must be submitted for Officer approval at least fourteen (14) days prior to installation (11) Any variance to the requirements for sandwich board or "A" frame signs will be handled the same as any other sign variance The Board of Adjustment in considering any variance request regarding sandwich board or "A" frame signs may consider any recommendation made by the Historic Landmark Commission regarding the application SECTION 4 That any person violating any provisions of this ordinance shall, upon conviction, be fined a sum not exceeding $500 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 5 If any section, subsection, paragraph, sentence, clause, phrase or word in this agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity SECTION 6 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published 8. twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of '12000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY F \shared\dept\LGL\Our Documents\Ordmances\00\sandw,ch board amendement doc 9 ENCLOSURE A 1 , S . a a yy,, J al;~ r, > Uri l 55 5 _j s ~a Example of sandwich signs, McKinney, Texas 10 L ENCLOSURE 5 ° ° ❑ p o ® ❑ ❑❑o ED El p ° a ❑ u- cl. fl CI ❑❑6 u ❑ G'Q❑ ❑ ® ❑ ❑ oa ❑ 8 ❑ o ❑ ° p J ❑ m ~ D ° ❑ ° v❑ Q LJ ❑ ❑ ° Q J7 E ° p ❑ ° ❑ El ❑ 6:0 ❑ ra- 00 ° ❑ O OEJ a 08 Elf]LJ CJ ~L D ❑ d Q ~G~ Q❑ a LJ E C13 cl co ❑ ❑0 Q° ❑ S~ O °p ° 13 ❑ ° U~~ ~ E-7 n❑ r-, II II 0°° Q n y 1 11. ATTACHMENT 2 Page 3 1 PROCEEDINGS 1 d scusslon? Oh, I will close this public hearmg On II 2 MR MCNEILL seeing that we have a quo I 2 1 Thank you Any discussion on this Item? An 3 going to open the City of Denton Planning an rung 3 disc ion? Is there a mononv 4 Co fission for October 25th, 2000 Our firs on the 4 R RISHEL I move to approve the preh nary 5 Agend to consider approval of the mmu of September 5 plat of Lot I and Lot 4R 2, Block A of industrial 6 27th 200 6 Plaza 7 MR HEL i move we appro the minutes 7 NIS APP second 8 Ms AP second 8 MR MCNEI It's been mov and seconded 9 MR MCN It's been ved and seconded 9 that we approve Agen Item 5 Is ere any discussion9 10 that we approve the I Ines numssioner Apple, do you 10 Any discussion'? Vote o I bo lease Motion passes I 1 have questions? Any o r cussion on the motion? Vote 11 5-0 12 on the board, please Me passes 5 0 12 The next item on o ends is Item 6 which 13 Consent Agent , I uld note I should have 13 is to continue a public h g f a previous meeting 14 done rt before we cc tiered dt mutes, Commissioner 14 MR REICHHART he apple t has requested 15 Moreno has an ex ed absence a Commissioner Holt has a 15 that we continue this ting to our ember 6111 public 16 previous conunl ent so she has ha excused absence 16 heating They hav bmitted revised p s to DRC Thc} 17 The sent Agenda, do I hea motion on 17 are - I believe w going to be reviewing em this 18 Consent Age a? 18 sleek end then at would be the earliest meet we could 19 NI ILLIAMS Move that we accep to Consent 19 get them on 20 Agenda - ove we approve the Consent Agen 20 MCNEILL And so since this is a 21 R RISHEL second 21 coon ace of a public hearing is there anyone pres 22 MR MCNEILL it's been moved and second 22 uh ould like to speak for or against this particular 23 Any iscussion? Vote on the board, please Motion ses 23 nda item? Anyone present? All right Then we will 24 , unanimously 24 mmnue this to the December 6th P&z meeting 25 The next item on our Agenda is a public 25 Our next item is to hold a public hearing on Page 2 Page 4 1 caring And the criteria for public hearing are laid on I an ordinance and this ordinance is a sign ordinance 2 o e table outside the entrance to the chamber so w 2 concerning sandwich signs in the downtown area of the City 3 will ate under those rules and basically allow 3 of Denton Staff report, who's going to bring the staff 4 applicant speak and then individuals who we like to 4 report on this? 5 speak in fa or against the motion 5 NIS GLOVER Hi I'm Julie Glover I'm 6 MR G E Good evening, Coinni toners This 6 sorry I thought Marcy was going to be here to do this and 7 evening we have b re you the prelims replat of East 7 I really don't know the procedure for doing this The 8 Industrial Plaza, Lots -1 and 4R- a plat meets all 8 reason ve re doing this is the merchants downtown halve 9 of the requirements SIR o ds approval I would 9 requested that we change this ordinance in order to allow 10 like to make one additional is project is located 10 the little sandwich signs I included a picture in your 11 In an area defined by the Plan as an employment I 1 backup This is not the plastic mobile signs These arc 12 center and it also meets th a en a I believe the 12 very nice little sandwich signs that are made out of wood 13 applicant is available f questions 13 There are restrictions in here on size and what they can 14 MR MCNEIL commissioners, you have any 14 put on them and that sort of thing I recommend approval is questions for staff efore we ask the app at to speak? 15 and if you have any questions, I'll be happy to answer 16 Thank you Is a applicant or the applican 16 them 17 representativ would like to make a cc t? Let 17 vat MCNEILL commissioners, do you have any 18 the record y that the applicant chose not to Sp Is 18 questloro for Ms Glover? 19 there an no else present who would like to speak 19 NIS APPLE Good presentation 20 cone mg this motion excuse me, concerning this 20 HS GLOVER Thank you Kind of caught me by 21 th1 genda Item? Anyone present who would like to s k 21 surprise 22 or against this item? Seeing none, does staff have 22 NIR REICHHART I was on my way down to do it 23 ny final comments? 23 NR MCNEILL Are there other questions or 24 ME, GRACE. No, sir 24 comrientsl Okay Then we need to open it to the public 25 MR. MCNEILL okay Commissioners, 25 Is there anybody present who would like to speak for this PLANNING AND ZONING COMMSSION OCTOBER 25, 2000 Page 1 - Page 4 12. Condenselt" Page 5 Page 7 1 ordinance? Anybody present who would like to speak for I picture These are some signs in McKinney, Texas This 2 this ordinance9 Anyone present who would like to speak 2 is kind of what we're looking at 3 against this proposed ordinance? Anybody present? 3 MR RISHEL what would have made his sign in 4 Cormnissioners, do you have discussion or comments? 4 compliance - how would he have made his sign in 5 Commissioner Williams 5 compliance if that had been the law at the lime? 6 MR WILLIAMS The only comment I have 1S that 6 MS GLOVER it would have needed to be 7 I think this speaks well for the City It shows the 7 smaller That sign was about as tall as I am In this 8 flexibility of the City and that we can work with citizens 8 ordinance, it says that the sign can be no taller than 9 to come up with a compromise that meets the needs of 9 three feet by two feet wide It also has to be appro% W 10 business owners and the conuriunity and still enhance the 10 prior to putting it up with some drawings with some 11 esthetics of an area 11 pictures should be professionally painted, should be 12 MR MCNEILL Coiruuissmoner Gourdie 12 that one was just a hand painted sign if I remember 13 MS GOURDIE Ms Gourdie instead of Mr 13 correctly 14 Gourdie would be appreciated 14 MR RISHEL okay Thank you very much 15 MR MCNEILL I Said Coirunissioner Gourdie 15 MR MCNER.L I have a couple of questions 16 MS GOURDIE No, you said Mr Gourdie 16 Why is flits restricted to the downtown area? Why is this 17 MR MCNEILL No, I didn't I said 17 ordinance not being proposed for any merchant, a merchant 18 Commissioner Gourdie 18 up on University or a merchant down in some of the other 19 MS GOURDIE Okay That's fine Ms Glover, 19 areas of town? 20 I have a question for you We have an Enclosure 5 here, 20 Ms GLOVER what we're striving to do 21 is that the complete central business district here" Do 21 downtown is make this more pedestrian-friendly These are 22 you have a copy of that? 22 really pedestrian signs They're not going to do anybody 23 MS GLOVER I have a better map, I think It 23 going by in a car any good They're going to be too small 24 is anything that is zoned Central Business Yeah, it's 24 to read from a vehicle Also, the sidewalks downtown are 25 whatever is currently zoned Central Business District 25 much wider than the sidewalks in the other parts of the Page 6 Page 8 1 We're looking at mainly the core area of downtown m much 1 City So this would still allow for wheelchair access and 2 includes the square area and a few streets back 2 pedestrian access around the signs 3 MS GOURDIE okay Bust want to make sure 3 MR MCNEILL So if the sidewalks were wider 4 because I know certain other people have said it does 4 on the north part of town, we'd let them have a sandwich 5 different things and I was just wondering if it was 5 sign 6 strictly what's here or if there's other people that are 6 MS GLOVER As this ordinance is Written 7 included to that 7 right now, no, sir It is just applying to the central 8 MS GLOVER. Right Like I say, if they are 8 business district 9 zoned Central Business District, it would apply to them 9 MR MCNEILL Right And I understand you're 10 MS GOURDIE okay Thank you 10 representing the central business district but I'm really 11 MR MCNEILL commissioner Rishel 11 asking the question why, and that's probably not fair to 12 MR Rlsim This would have reflected the 12 ask you that question, but it concerns me that it's only 13 same type of thing when we had the gentleman that was 13 for the central business district 14 right across from the Denton Record-Chronicle at one time 14 MS GLOVER These signs are historically 15 that had the fish market there, is that correct? 15 correct to the area I don't know that they're 16 MS GLOVER His sign would not meet the 16 historically correct to the University Boulevard area 17 requirements in this ordinance 17 MR POWELL I think it's a good question and, 18 MR RISHEL His sign would not have met them' 18 obviously, through the Comprehensive Plan and the draft 19 MS GLOVER Yes, Sir 19 Denton Code, we want to create pedestnan-friendly areas 20 MR RISHEL Nor would he be in that district, 20 throughout the City So I do think that if we do and we 21 either one Is that correct? 21 are successful with creating pedestrian areas such as 22 MS GLOVER No, that's a little bit far out 22 neighborhood centers and the outlying areas, I think it 23 MR RISHEL And what would have made his 23 would be totally appropriate to have these type of signs 24 sign 24 there, too I think currently though there are very few 25 Ms GLOVER Here's a better sign, a colored 25 places in the City outside of the square that are truly PLANNING AND ZONING CONMSSION OCTOBER 25, 2000 Page 5 - Page 8 13. Condenselt' Page 9 Page 1 I I pedestrian'onented and friendly and have the amenities 1 that person's status? 2 such as the wide sidewalks that would really make these 2 MS GLOVER That would be me 3 signs appropriate elsewhere But I think that s something 3 MR MCNEILL okay 4 we should look for, look at in the future as areas 4 MS GLOVER [ m also the staff liaison 5 redevelop and new areas develop 5 between the City of Denton Historic Landmark Conmussion 6 MR MCNEILL I to just thinking of like up on 6 and I'm the Historic Preservation Officer for the Cu} 7 in some of the shopping malls or shopping centers up on 7 which means that we have oversight of places that has u 8 University There are fairly wide - I don't know what 8 local designations on them, City designations 9 the widths are, there's fairly wide sidewalks there And 9 MR MCNEILL Then I guess my question is 10 if there's some restaurants up there for instance, and 10 assuming we're going to approve this, and I think it s I I part of what's going to happen down here in the square, I 1 really a good idea I really support it but I do have 12 they're going to put their sandwich sign out and say today 12 these concerns of these other areas But why didn t i« 13 we're having hamburger steak for S2 95 those merchants 13 write the ordinance tight enough that we don't have to 14 would probably like the same capability up there 14 have somebody approve it? Because that puts you in a 15 MR POWELL well if I may I think that even 15 really pretty demanding role of approving every sign 16 and I think I know that maybe the exact spot you're 16 that's going to be proposed for the downtown area do~sn i 17 talking about that does have a wide sidewalk in front of 17 it? 18 the stores and even a canopy above it but that shopping 18 MS GLOVER Right The way I understood this 19 center, I think the majority of people who go there, go 19 was they were going to submit the plans, the prehnunary 20 there for a single purpose and do not walk back and forth 20 plans where we would just kind of make sure that it s 21 from one store to the next I think that s possible and 21 going to go along with the vision for downtown And I 22 if you really did have that pedestrian activity maybe it 22 know that it is a subjective thing I mean I know it s i 23 would be appropriate Those stores also do bate, since 23 matter of taste The gentleman that was referred to 24 they're modern, they have a lot more w endow space and they 24 earlier thought his sign was fine and other people didn t 25 all have window the ability to have window signage in 25 I honestly don't know why that's in there, to tell you the Page 10 Page 12 1 them But I don't think that even that is quite the same 1 truth, and I don't have any problem with it being taken 2 as what you find downtown where you do have a lot of 2 out or someone else being in charge of that But they 3 people, pedestrians walking around and it does have the 3 will have to go, just like any other sign, they'll have to 4 histonc flavor of yesteryear 4 go to the sign people down in the basement over at City 5 MR MCNEI L And I think part of my question 5 Hall West 6 is I could visualize the City getting in a dispute of 6 MR MCNE[LL code Enforcement, yes 7 unfair treatment of one area over another because, as you 7 MR REICHHART And there is also a mechanism 8 know, signage in the City is a hot issue with many folks, 8 for a variance if there's a dispute between any of the 9 and I can visualize us getting in a legal scenario with 9 regulations They can go to ZBA 10 like if some merchant could sue us say mg if they can do 10 MR MCNEILL well I guess what you've 11 it downtown, why can't I do it 11 raised the question here, what I'm really thinking is vkL 12 MR POWELL well, I do think that the 12 already have a mechanism for approval of signs Now 13 downtown in Denton is treated different They're exempt 13 we've placed another layer on the merchants downtown to 14 from the parking and the landscape ordinance I think 14 get a sign approved And I question why we would do that 15 it's obvious and I guess there's a legal basis for 15 And I appreciate your comments 16 treating downtown differently and around the square so I 16 MS GLOVER well, it honestly doesn't matter 17 don't think we'll have that problem But I do think your 17 to me whether it's in there or not and I don't this has 18 point about will we have the opportunity to have other 18 been going on a long time We've been working on this 19 areas that are pedestrian-fnendly, an oriented design 19 about a year And I think the reason we put that in there 20 that might benefit from these same signs I flunk the 20 is because I have the dual role as Main Street Manager and 21 answer is yes and I think that's somedune we need to look 21 Histonc Preservation Officer, and it just kind of gave us 22 towards As I say, these areas, new areas developed and 22 an extra safety net to make sure that it was appropriate 23 redeveloped into pedestrian-fnendly areas 23 for the area 24 MR MCNEILL And I have one last question 24 MR MCNEILL And, see, I think we get into a 25 What's the Denton Historic Preservation Officer, what is 25 case where you're a logical person, perhaps, but if you PLANNING AND ZONING COMMISSION OCTOBER 25, 2000 Page 9 - Page 12 14 Condenselt'M Page 13 Page 15 1 get replaced and someone else comes in and the signs that 1 come forth, I don't know whether they'd be coining fni th to 2 were approved by you, the next person that tries to get a 2 you or they'd be coming forth to the Sign Comimssion So 3 similar sign, well, the next guy or lady doesn't like 3 I think the understanding of where that mechanism na(h to 4 that, so I question that Thank you very much I think 4 be - and maybe it's Mr Reichhart or Mr Doug that can 5 we have one more question here Commissioner Rishel 5 clarify what that scenario would be if someone wantul to 6 MR RISHEL Ms Glover, do you have a map 6 apply for a variance and have an opportunity to compuc 7 there that looks like this or would you put this one on 7 equally with their business with other people that ought 8 the little docucam for us? I have a couple of questions 8 be in the historical district or the central business 9 I guess my first question would be is there are other 9 district 10 areas that would be logical for me to be able to walk to, 10 MR REICHHART t think one of the solutions I 1 and I reference from the courthouse to the Visual Arts 11 that we have available to us is in the Code that we n. 12 Building, that would be a very easy walk, or to the Denton 12 rewriting and there are pedestrian areas identified 13 Record Chronicle and there's other businesses along there 13 MR RISHEL And all of those are walkable 14 that are in the same type of character that the businesses 14 areas we've talked about for a number of years 15 ereat on the squareare And I1ust want to make sure 15 MR REICHHART And for future walkable an as 16 that we're serving all of our constituency equally 16 and we might just be able to apply this ordinance to an) 17 How would those people, and I think right 17 of those areas that have been identified as pedestrian 18 off and of like the Cook Red Barn people, how would those 18 areas 19 people go about petitioning the City in order to be fair 19 MR RISHEL t think we talked about an arts 20 and equitable to cvMbc ly that they could have signs like 20 corridor from the university to the downtown area and Non) 21 this also if the sidewalks were adequate and the other 21 the downtown area to Twu so I know that that's bmn one 22 infrastructure was there to uphold that I don't think 22 of our visions for a long, long time in making sure that 23 people drive down I guess, that's Hickory Street at 45 23 those were multi-use with our Mobility Plan 24 miles an hour, so certainly this would be appropriate type 24 MR REICHHART I think one of the limiting 25 signage in a slower speed zone like we would see on the 25 factors are going to be having sidewalks that are ten foot Page 14 Page 16 1 square Is that con=0 1 wide 2 Ms GLOVER I would assume that we could do a 2 MS GLOVER And our purpose here was just to 3 variance on some of those businesses that are just right 3 have a starting place We didn't want to include a really 4 outside 4 large area because some of the sidewalks are very narrow 5 MR RISHEL I see 5 And I know we're in the process of redoing a lot of the 6 Ms GLOVER t mean, we've done variances to 6 sidewalks and in the 20 year plan, most of those will be 7 include some other areas, rezone them as Central Business 7 widened as wide as ten or twelve feet But I don't see 8 District that weren t originally in that area So I would 8 why this couldn't be expanded 9 assume we could do that, as well 9 MR RISHEL Is the sidewalk size anything 10 MR RISHEL And staying with that same 10 that's locked into this ordinance as we have it written at 1 I thought, to me it stuns very logical to be able to walk, 11 this point in time? 12 once again, from the courthouse south on Elm Street maybe 12 MR REICHHART Yes 13 as far down as, I guess that would be Eagle Drive and make 13 MR RISHEL It is? Okay As I look at the 14 the run and walk back up on Locust And as that area 14 map, once again and I see several spots that say cB c e 15 continues to develop and be nicer and nicer as it tends to 15 CE that are within what I would consider to be the 16 be the pattern right now that also would be an area that 16 central business district itself, I'm not quite sure, as 17 I would want to have that same type of thing that would be 17 an example, as I look down toward Oak and McKmne) 18 logical with the people walking lust to get the exercise 18 there's an area that looks to be a central business 19 and network on the square or part of that environment So 19 district appendage from the main body of the central 20 there's a ~ot of areas As you come toward the 20 business district Can you distinguish the lines there 21 university, most of that tends to be residential, although 21 and what they represent? 22 there certainly is adequate sidewalk for that type of 22 Ms GLOVER Are you talking about this area 23 thing, if it was necessary 23 MR RISHEL Exactly, yes 24 So I'm just hoping that soon we get the 24 MS GLOVER That's Northstar Bank and they 25 mechanism in place that as we look at variances or they 25 were recently rezoned to be Central Business District when PLANNING IAND ZONING COMMISSION OCTOBER 25, 2000 Page 13 - Page 16 15 CondenseIt"' Page 17 Page 19 1 they started building their building 1 S1-00-020 2 MR RISHEL Okay Would you go out McKinney 2 MR RISHEL Second 3 the other way? Put your finger out there There we go 3 MR MCNEILL would you accept a friendly 4 MS GLOVER Right therev 4 amendment? 5 MR RISHEL Yes 5 MR WILLIAMS Sure 6 MR REICHHART Some of these overlapping 6 MR MCNEILL Sir, did you want to speak on 7 squares - 7 this okay I would suggest we consider I would 8 MS GLOVER I'm not sure what that is 8 suggest I'd like to suggest we consider striking "as 9 MR REICHHART were rezoned at separate 9 the approval by the Historic Preservation Officer prior to 10 times And if you start out with any zoning, Central 10 a sign being approved " I I Business in this case, when the area around you gets I I MR WILLIAMS Do you have anything you want 12 rezoned to Central Business, that original rectangle, as 12 to add to it because I don't think we want to get into a 13 some of these are identified, still we don't erase that 13 sign where my grandchild draws a sign and I put it out in 14 and just keep expanding the area 14 front of my business 15 MR RISHEL Okay 15 MR MCNEILL 1 think the terminology that 16 MR REICHHART Each rezoning has its own 16 needs to be in there is that the same sign approval 17 shape even if the adjacent zoning is the same This whole 17 process that exists for other signs should occur You 18 all these little squares 18 have to get a permit, don't you, that it mean certain 19 MR RISHEL Are there some certain 19 Standards? 20 restrictions that might be related to those specific 20 MR WILLIAMS 1 can live with verbiage of 21 squares? 21 that nature 22 MR REICHHART Right Exactly They might 22 MR MCNEILL Yes 23 halve different restrictions or something 23 MR WILLIAMS I can live with a friendly 24 MR RISHEL Even though they're all part of 24 amendment with verbiage of that nature 25 the big ca square? 25 MR RISHEL I'll accept that as a friendly Page 18 Page 20 1 MS GLOVER I in sorry I do recognize what 1 motion 2 that is now Those are the new apartments that Mr Cavlm 2 MR MCNEILL Thank you Commissioner - 3 is bmldmg 3 okay Are there other discussion points? Commissioner 4 MR RISHEL I recognize that, too And I 4 Apple 5 lust didn't know why there was a break in thete and Mr 5 MS APPLE lust for clarification, so who 6 Reichhan explained a little bit of that for me 6 will that put the responsibility for, specifically9 7 MR REICHHART You can't really notice it on 7 MR MCNEILL our Code Enforcement group, 8 the screen but that was conditional zoning so there are 8 isn't that where the signs are approved? 9 specific conditions associated 9 MR RISHEL sign Review Commission 10 MR RISHEL conditions that relate to that 10 MR REICHHART It would be the Building I I But all the rest of them that are ca s that are scattered I I Department 12 throughout there may have some specific conditions also or 12 MR MCNEILL Building Department, okay 13 maybe a specific definition 13 MR WILLIAMS Could you kind of word that so 14 MR REICHHART or they're lust done at a 14 1 know what I'm voting on when it's tittle to vote9 15 different time 15 MR REICHHART one of the other if you 16 MR RISHEL okay Thank you very much 16 read the whole No 10 there, I think one of the intent was 17 MR MCNEILL other questions or comments? 17 that there is no fee for a sandwich sign There's no sign 18 MR RISHEL And a fine lob Ms Glover does on 18 permit fee So I think it was supposed to be a quicker 19 top of that 19 one shop Here's my plans You know, let me review it 20 MIL MCNEILL Thank you So we're still in a 20 Okay, go build it or put it out 21 public heanng So hearing no one else requesting to 21 MR MCNEILL Well, if I understood what 22 speak, I will close the public hearing and ask the 22 Commissioner Gourdie, you have a question 23 Conuussioners if they have additional discussion or if 23 MS APPLE No, I'm still not finished Thank 24 there s a motion 24 you I guess my concern then would be if that would be 25 MR WILLIAMS I move to recommend approval of 25 all right With Ms Glover and the Downtown Association PLANNING AND ZONING CMDAISSION OCTOBER 25, 2000 Page 17 - Page 20 16, Condensch" Page 21 Page 23 1 because is the sign board going to have the same kind of 1 MR MCNEILL commissioner Moreno 2 esthetic needs that she wants for the appearance of that 2 MR MORENO i do have one question I 3 area? 3 probably missed most of the discussion so far but are 4 MR, REICHHART Typically, the Building 4 these signs going to be - I see where they're going to be 5 Department would not even consider esthetics It's a 5 removed after business hours, but would the business oh% tier 6 certain size and that's it The material maybe 6 ordinarily put them out and leave them each and every day9 7 MS APPLE That's exactly - 7 MS GLOVER Yes, Sir, during business hours 8 MR REICHHART It's strictly if it's five by B MR MORENO During business hours 9 three or it has 15 square feet or whatever it is, if it 9 MS GLOVER i have a better picture here, if 10 meets those requirements, go ahead and put your sign up 10 we can show that again You mussed this picture ThwL 1 I MS APPLE And that's why I'd like her to I 1 are signs in McKinney that are similar to the ones ii, i~ 12 address it of it's okay because that if they're trying to 12 talking about Yes, they would put them out every mom mng 13 achieve a certain look, that might kind of negate the 13 and then at 5 00 or 6 00 whenever they close, they d ta6L 14 purpose of 14 them back into their shop 15 Ms GLOVER we had originally put in here 15 MR MORENO Okay How are they working out 16 that the Historical Landmark Commission would be the first 16 in McKinney? Have they ever become any kind of an 17 step to oversee this and Eddie Martin didn't think that 17 obstruction for pedestrians? Are they safe? 18 was a good idea and he was the one that actually took that 18 MS GLOVER They're safe They're weighted 19 out and put me down thinking that was going to simplify, 19 on the bottom and we've got that in the ordinance that 20 the process But they are supposed to submit a drawing or 20 they have to be weighted against the wind There's room 21 a picture or something to when they get the permit 21 enough for pedestrians, wheelchairs, and we've also got 22 But at the same time, if they're just handing it to the 22 that in our ordinance I actually looked at about 20 23 person at the counter - you know, I see both sides of 23 different ordinances from around the United States before 24 this 24 I put this together 25 MR MCNEILL Legal would like to make a 25 MR MORENO How many signs do you envision Page 22 Page 24 1 comment 1 around the square ultimately? 2 MR SNYDER I would like to make a 2 MS GLOVER well, no more than one in front 3 suggestion If you look at (d)(6), it talks about the 3 of each store 4 sign shall be designed and constructed so as to promote 4 MR MORENO one in front of each store 5 and not visually obscure the significant architectural 5 MS GLOVER But I don't envision everyone 6 features of the National Register District and its 6 doing it 7 buildings That's a standard that the Historic Landmark 7 MR MORENO so they could be kind of like thL 8 Commission would ordinarily review so it makes sense to 8 old Burmashave signs, in a sense, one after another is 9 me, perhaps we just leave the language in the way it is 9 what I'm trying to say 10 but add that the applicant can appeal the decision of the 10 MS GLOVER well, there are some restrictions 11 Preservation Officer to the Historic Landmark Commission 11 here about bow much space needs to be between therm and how 12 That way your concern about the historic, the Officer 12 much space needs to be between the building You know 13 making an arbitrary decision would be appealable to the 13 there are some space restrictions on in the section of 14 Landmark Commission 14 (d) in the ordinance 15 MR MCNEILL That's an excellent idea 1 15 MR MORENO Are they going to be such that 16 think that's an excellent idea Okay Commissioner 16 the message can be changed each day? 17 Gourdhe 17 Ms GLOVER They can use a chalkboard They 18 MS GOURDIE 11ust have to ask is the City 18 cannot use plastic letter kind of signs, if that's what 19 prepared to take on that responsibility, Larry? Do you 19 you mean But they can be a chalkboard if it's a 20 know? If they had all the dealing with signs, if it 20 restaurant so that they can put their daily specials out 21 had to go through the City, would they have the staff and 21 MR. MORENO okay Thank you 22 the people there to do their jobs in addition to this new 22 MR. RISHEL You realize, Mr Moreno, if 23 one? 23 you're - in talking to anybody over 40 years old, they 24 MR REICHHART Yes 24 may be thinking you're talking in code when you said 25 Ms, oouRDiF okay 25 Burmeshave, you know PLANNING AND ZONING COUMSSION OCTOBER 25, 2000 Page 21 - Page 24 17 CondenseItt' Page 25 Page 27 1 MR MCNEILL well, we have a motion and a 1 MR SNYDER okay 2 second on the floor And so is there additional 2 MR MCNEILL And then I made a friendly 3 discussion on this? It's my understanding everybody 3 amendment 4 agreed to the friendly amendment as proposed 4 MR SNYDER okay The friendly amendnw t 5 MR MORENO For my benefit, would you repeat 5 that you're making would be worded that Section (d N 0) on 6 the motion9 6 page 6 would remain the same except that a sentence a ould 7 MR MCNEILL AS proposed by legal 7 be added that the applicant may appeal the decision of d 8 MR MORENO Mr Chairman, for my benefit, 8 Historic Preservation Officer to the Historic Landma-6 9 could somebody repeat the motion? 9 Commission Is that your - 10 MR WILLIAMS The (notion as it's written 10 MR MCNEILL And I accept that That's a I I there the amendment, I think is what you're more 11 better solution to my problem then just taking the 12 interested in The motion is as it's written at the 12 Preservation Officer out of there, the Historic Offic, 13 bottom of the page I move to recommend approval of 13 out of the item 14 SI-00-020 14 MR WILLIAMS I accept that friendly 15 MR MORENO And the amendment was what? 15 amendment 16 MR REICHHART Under Section 3 of the 16 MR RISHEL And I would accept that as 17 ordinance 17 worded 18 MR SNYDER Under (d)(10) on page 6, we would IS MR MCNEILL Thank you Commissioner A-plL 19 add a provision that says that an applicant can appeal the 19 MS APPLE Just to clarify that, what 20 decision of the Preservation Officer to the Historic 20 actually occurred was you suggested that amendmen %ihi.h 21 Landmark Commission 21 prompted my question which prompted Ms Glover , rLeponse 22 MR MORENO Okay Thanks 22 which prompted Mr Snyder's response so the actual 23 MR MCNEILL And the proposer and the 23 amendment was never voted on 24 seconder agreed to that Commissioner Rishel 24 MR MCNEILL Correct So it's now, unless 25 MR RISHEL Yes 25 there's additional discussion, the motion is on the Flcvr Page 26 Page 28 1 MR MCNEILL Your light is on I and we need to vote on it Vote on the board, please 2 MR RISHEL Not my fault 2 Oh, we can't vote on the board because Commissioner Moreno 3 MR MCNEILL Okay 3 has joined us and the computer has to be reprograms td So 4 MR RISHEL I have spoken since then 4 let's vote by hand All in favor raise your right hanc 5 MR MCNEILL Commissioner Gourdle 5 Opposed Motions carries unanimously, 6 0 6 MS GOURDIE I'm sorry and I think that 6 Legal informs me that given the way the 7 you-all first took the friendly amendment of what you 7 A da Item 6 was handled, we really can't an i do 8 proposed is what the original motion was, and I don't 8 that a Chair We need to have a motion to unue hill 9 recall anyone saying they'll take back and take what Mr 9 Agenda 10 Snyder proposed 10 MR NYDER so we're going to Item 6 11 MR WILLIAMS No, I had a question to how 11 MR EILL Right So eed to go back to 12 would it be worded because I said I would accept this 12 Item 6 and see if ere is a moh from the Commits ion 13 friendly amendment but I did not accept the wordage 13 to continue the pub hearm n Agenda Item 6 wbi, n 14 MS GOURDIE I assumed that Mr McNeill said 14 deals with the tract of t Hobson Road and CoL-11`y 15 that to remove the part where it went to the Historic 15 Club Drive to Decemb , I believe 16 Preservation, it went straight to the City is what y'all 16 MS APPLE so ve 17 agreed to as a friendly amendment And then Mr Snyder 17 MR MCN L It's bee oved 18 stepped in and proposed a second option to that 18 MR W IAMB second 19 MR WILLIAMS No, I asked what would be your 19 MR CNEILL it's bee mov and seconded mat 20 exact wording at that point in time and I never did we 20 we contra Agenda Item 6 to Decemb the 6th All in 21 never did get the exact wording 21 favor s aye - excuse me, raise your n hand 22 MR MCNEILL Okay Read the exact wording 22 Opp Motion carries unanimously So for the 23 what you said 23 cc sion 24 MR. SNYDER who made the motion? 24 Our next item is Agenda Item 8 and I bell e 25 MR. WILLIAMS I did 25 Reichhan has a comment for us on that PLANNING!, AND ZONING COMUSSION OCTOBER 25, 2000 Page 25 - Page 28 18, ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES, CITY OF DENTON, TEXAS, AMENDING SEC 33-2, PROVIDING FOR DEFINITION OF SANDWICH BOARD SIGN, AMENDING SECTION 33-4, PROVIDING FOR THE ALLOWANCE OF SANDWICH BOARD SIGNS IN THE CENTRAL BUSINESS DISTRICT, AMENDING SEC 33-184, PROVIDING FOR THE STANDARDS FOR SANDWICH BOARD SIGNS, PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Central Business District include the historic downtown square which is listed in the National Register of Historic Places, and WHEREAS, most of the sidewalks in the Central Business District are wider than sidewalks in other areas of the City of Denton, and WHEREAS, historically sandwich board or "A" frame signs were allowed on the sidewalks of the city during the period reflected by the historic architecture of the downtown square, and WHEREAS, allowing sandwich board or "A" frame signs will promote the continued historic accuracy of the central business district by reducing the need for more modern advertising mechanisms NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. That Section 33-2 of Chapter 33, Code of Ordinances, City of Denton, Texas is amended by adding the definition as follows Sandwich board or `A "frame sign is a portable sign, consisting of two panels of equal size, made of painted, decay-resistant wood, which are hinged at the top and placed on the ground or pavement so as to be self-supporting SECTION 2 That Section 33-4(4) of Chapter 33, Code of Ordinances, City of Denton, Texas is amended to read as follows (4) Signs on public property Any sign located on or attached to a public street light, utility pole, hydrant, bridge, traffic control device, street sign or other public structure or building, or any sign, other than a stake sign, located in, on, over, or within a public street, sidewalk, alley easement or right-of-way This prohibition shall not apply to projecting signs or sandwich board or "A" frame signs in central business districts as permitted by this article, markings made on public sidewalks as permitted by the Code of Ordinances, or wind device signs placed over a public street by the city of advertise annual community events SECTION 3 That Section 33-184 of Chapter 33, Code of Ordinances, City of Denton, Texas is amended to read as follows Sec. 33-184. Central business districts. The following regulations shall apply to signs in central business zoning districts 19 (a) Type Ground, wall, roof, temporary, wind device, projecting, and sandwich board or "A" frame signs are permitted in central business districts (b) Effective area and height No ground or roof sign shall have an effective area greater than sixty (60) feet, and no ground sign shall have a height greater than six (6) feet (c) Right-of-way limitation on projecting signs No projecting signs shall project or extend into the public right-of-way for a distance of more than ten (10) feet or within two (2) feet of the nearest curblme, whichever is more restrictive No projecting sign, supporting structure or part thereof which extends into the public right-of-way shall occupy any of the space between the ground level and eight (8) feet above the ground level in the right-of-way (d) Sandwich board signs or "A" frame signs must conform to the following regulations (1) Maximum sign height shall be three (3) feet (2) Maximum sign width shall be two (2) feet and signs shall not be placed in front of adjoining property and no portion of the sign shall extend more than three (3) feet from the building face (3) Signs must be properly anchored (temporarily) or weighted against the wind (4) A minimum clear sidewalk width of forth-eight (48) inches shall be maintained (5) Chalkboards may be used for daily changing messages and no changeable letter on tracks may be used (6) Signs shall be designed and constructed so as to promote and not visually obscure the significant architectural features of the National Register District and its buildings (7) Signs must be removed after business hours (8) No other portable signs are permitted (9) Sidewalks must be at least ten (10 feet wide in order to erect or maintain a sandwich board or "A' frame sign (10) Permits meeting the above regulations shall not require a sign permit fee Applications for sandwich board or "A" frame signs must be approved by the City of Denton Historic Preservation Officer before the issuance of a permit and all applications must be submitted for Officer approval at least fourteen (14) days prior to installation (11) Any variance to the requirements for sandwich board or "A" frame signs will be handled the same as any other sign variance The Board of Adjustment in considering any variance request regarding sandwich board or "A" frame signs may consider any recommendation made by the Historic Landmark Commission regarding the application SECTION 4 That any person violating any provisions of this ordinance shall, upon conviction, be fined a sum not exceeding $500 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 5 If any section, subsection, paragraph, sentence, clause, phrase or word in this agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity SECTION 6 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published 20 twice in the Dr nton Record-Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY e'C'ell:~La~ / 1cyl- F \shared\dept\LGL\0ur Documents\0rdtnances\00\sandwich board amendement doe 21 DO-05D hnc,:,~u rcai_. AGENDA INFORMATION SHEET #lafe _ AGENDA DATE: November 28, 2000 DEPARTMENT: Engineering & Transportation DCM. David Hill, Assistant City Manager/Development Services Hold p blic hearing and consider amending the City of Denton Mobility Plan - Roadway Component, for the following items a State School Road Connector BACKGROUND: Staff has worked with Bob Shelton to develop a route layout for the proposed State School Road Connector, which was identified as a needed link in the Teasley Lane Corridor Study The Shelton Group is very interested in the connector The funding and timing for the roadway is still to be negotiated but the Shelton Group has stated they will build the portion of road through their property and dedicate the ROW The primary benefit of this road is that it could carry about 12,100 trips away from Lillian Miller, Teasley Lane and Wind River Lane RECOMMENDATION: Approval PRIOR ACTION/REVIEW (Council Boards Commissions) The Planning and Zoning Commission recommended at their September 27, 2000 meeting FISCAL INFORMATION The City of Denton will initiate an agreement with Shelton's group Respectfully submitted Jerry Clark, Director Engineering & Transportation I Memo To: Planning & Zoning Commission From: David Salmon, PE, City Engineer CC: Jerry Clark, PE, Director of Engineering & Transportation Date: 9/20/00 Re: Mobility Plan Amendment (Thoroughfare Component) This request is for a Mobility Plan Amendment related to pending developments The Teasley Lane Corridor Study established the need for a collector street from with a connection to Sundown Ranch Subdivision to State School Road and a northern connection to Wind River Lane through the Unicorn Lake Development A map is enclosed' that indicates the proposed amendments as well as the current Thoroughfare Component of the Mobility Plan The Southeast Quadrant of Denton has seen the highest level of development activity Council asked for the Teasley Lane Corridor Study that identified the connection from Sundown Ranch to State School The traffic model indicated that this proposed road section would carry about 12,100 vpd making it necessary in the long run to keep Teasley Lane and Lillian Miller Parkway operating at an acceptable level of service The proposal, is to provide a collector street from Wind River Lane to state School Road through Unicorn Lake Development and the northern portion of State School property A local Street would extend from the new collector to Sundown Ranch Subdivision Attached is a letter from Bob Shelton, developer of Sundown Ranch and Unicorn Lake supporting this amendment State School collector is not intended to be through street between FM 2181/Teasley Lane and State School Road It exists to give the many residents in the Sundown Ranch and adjacent developments a choice of going west or east Since the easterly direction' becomes very congested, this reliever is essential A second item for consideration is that State School Road is proposed to be reconstructed to a six lane urban section and be redesignated as FM 2499 As you are aware, that roadway connects to the northern entrance of DFW Airport The potential reduction in trips from this area to IH 35E, Teasley and streets to the west is significant Staff Is recommending the State School Mobil! Amendment as Proposed. 2 1 MR. MCNEILL: Item 8 is to hold a public 2 hearing and consider making recommendations concerning the 3 Denton Mobility Plan. And I believe Mr. Salmon will 4 represent Jerry Clark on this. 5 MR. SALMON: Commission and Chairman, as 6 stated earlier, the Lakeview Boulevard section of this 7 item has been pulled, but we would still like to cover the 8 State School Road connector. What I've got on the 9 overhead is a black and white Xerox copy of the current 10 Mobility Plan in the area around Wind River and Sundown 11 Ranch. On our current Thoroughfare Plan, Wind River Lane 12 is designated as an arterial street. FM2181 which is 13 Teasley Lane and Lillian Miller is designated an arterial 14 Most of you will recall several months ago we 15 went through a process with a study of Teasley Lane. And 16 one of the conclusions in that study was that in order for 17 FM2181 and Lillian Miller to function properly ultimately, 18 given what we expect is going to happen in development, 19 there was going to need to be some reliever roads one of 20 the specific ones that came up was creating a collector 21 street connection between Wind River Lane and State School 22 Road. And in conjunction with that, providing some sort 23 of street connection to that collector street from the 24 Sundown Ranch subdivision. 25 I apologize, this green color I used doesn't PLANNING AND ZONING COMMISSION 4 SEPTEMBER 27, 2000 1 I show up particularly well on the screen. What I've got on 2 the overhead now is what we're proposing Wind River Lane 3 would continue to be a collector street as it is now. The 4 only difference is there would be a new collector street 5 that would come in a southerly direction off of Wind River 6 Lane in the area of Unicorn Lake and would curve around 7 and intersect FM well, we're calling it FM2499 on our 8 Mobility Plan it's actually State School Road, would 9 connect to State School Road at the northern end of the 10 actual State School property. And then what we've shown 11 in a lighter dashed line is a road connection that would 12 go from that collector street into the Sundown Ranch 13 subdivision, which would enable people in Sundown Ranch to 14 be able to get out to I-35 or over to State School Road 15 without having to get out on Teasley Lane and Lillian 16 Miller. Of course, it would also forward that same 17 convenience to people who live in Wind River. Right now 18 with the service roads being one-way, they can exit on 19 Wind River Parkway to get out to I-35, but if they're 20 coming home, they have to come all the way back around to 21 Lillian Miller Parkway and then back in, where this would 22 allow them to, if they wanted to, exit at State School 23 Road and come in from the back side of the subdivision. 24 In your backup, I've got a letter from Bob 25 Shelton who is the owner and developer of Sundown Ranch, PLANNING AND ZONING COMMISSION 5 SEPTEMBER 27, 2000 2 1 as well as the Unicorn Lake development. He is in favor 2 of this Mobility Plan amendment. I'll be glad to answer 3 any questions you might have. I've got a proposed motion 4 in the backup. Obviously, we're not considering Item A 5 this evening so if you were going to use this particular 6 motion, you would only need to read Part B. I'll be glad 7 to answer any questions you might have. 8 MR. MCNEILL: Commissioner Gourdie. 9 MS. GOURDIE: Thank you. Is Mr. Shelton 10 building this or is the City building this road? 11 MR. SALMON: Mr. Shelton would build the 12 section that's on his property including the connection 13 street. 14 MS GOURDIE: And so he's building the bridges 15 and everything that's it looks like there's well, 16 there's at least one part that goes through 17 MR. SALMON: Well, there would be one bridge 18 and that would be over the upper end of the lake. 19 MS. GOURDIE: Okay And I'm very surprised 20 that this happened You know, five years ago this was 21 considered never would happen and so I'm impressed that 22 y'all made it happen. 23 MR. SALMON: Thank you 24 MR. MCNEILL: Other comments or questions for 25 staff? Thank you. So this being a public hearing, is PLANNING AND ZONING COMMISSION 6 SEPTEMBER 27, 2000 3 I there anyone present that would like to speak on this 2 matter? Seeing none, we'll close the public hearing and 3 ask the Commission if they have additional comments or 4 questions or a motion Commissioner Gourdie. 5 MS. GOURDIE: I move that the following 6 amendments to the Thoroughfare Component of the Mobility 7 Plan, as recommended by staff, be recommended to the City 8 Council, that a collector street connecting Wind River 9 Lane to State School Road through the Unicorn Lake 10 development and State School with a connection to Sundown 11 Ranch subdivision be added to the Thoroughfare Component 12 of the Mobility Plan. 13 MR. RISHEL. Second. 14 MR. MCNEILL: It's been made and seconded 15 Any discussion? 16 MR. RISHEL: Mr. Chairman. 17 MR. MCNEILL: Yes 18 MR. RISHEL: I just want to commend staff 19 because of the data that we've gotten, this was 20 excellently prepared. The maps were very clear and 21 succinct and I really appreciate the comparison map of 22 what was proposed before and what was proposed afterwards 23 And the graphics that you put together on this were just 24 absolutely excellent and it made it much easier to 25 understand a lot of the other information and it was very PLANNING AND ZONING COMMISSION 7 SEPTEMBER 27, 2000 4 I well done. So I'm glad that things have worked out with 2 this. I think it's very much needed and I will be voting 3 in favor of this. 4 MR. MCNEILL: I would second that. I think 5 the graphics were well done. In spite of the fact they 6 didn't show up well on the overhead, your colors showed up 7 very well in the backup material. So you get an A for 8 your draftsman. Other comments or questions or concerns? 9 Vote, please. Motion passes 7-0 10 The Item 9 on our Agenda is a Director's 11 Report on Council. 12 MR. REICHHART• We don't have anything to 13 report on Council but I am pleased to report that the 14 Texas APA has awarded the City of Denton two awards One 15 for the visual quality survey and the other one for our 16 Comprehensive Plan. We're really excited to get those and 17 we'll be getting those awards in Dallas on November 2nd at 18 the Texas APA conference. 19 MR. MCNEILL. Point of interest, how many of 20 you have signed up to go to that November APA? It looks 21 like the majority of us have signed up. That's good, very 22 good. I've signed up also Other comments? 23 Future Agenda items. The first thing listed 24 here was an item that was brought by Commissioner 25 Williams. I have spoken with the Mayor and we both agreed PLANNING AND ZONING COMMISSION $ SEPTEMBER 27, 2000 5 SJ)P Sundown Ranch September 14, 2000 Mr David Salmon Engineering & Transportation Department City of Denton 901-A Texas St Denton, Texas 76205 RE Sundown Ranch and Unicorn Lake Road Connection Dear Mr Salmon Bob Shelton Ltd, General Partner for Westminster, Ltd, owner of Sundown Ranch Subdivision, and General Partner for Windjammer, Ltd, owner of the Unicorn Lake Development, has reviewed the proposed Mobility Plan as it relates to the two projects We have no objection to this plan, provided, however, the section of road in the Sundown Ranch Subdivision shall be a minor residential collector allowing lots to face the street with front yard access If we can be of further assistance, please advise Sincerely, Bob Shelton General Partner Ah 6 3 3505 Teasley Lane Denton, Texas 76205 • Phone (940) 243-3090 R J KIL ITY PLAN ENT 'sr Py~ ` PACE S q m° C ABP11. ip f p K+ 1 4~~. 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RD R, T X„ y Y1 & DENTON XEBT FONDREN IT N H P PuN FRB' ~M ~y'y~~y~ /}L{ EmAE y f J" SAN MA IND C FON CIRCLE CB RO O P NONT RADIO ExINT1KP 1 YTA YSJ ^ NONTEVICE FOX DIED LE'Y YAI'~EJJ'~YYAI F"' Ai H xcoGLE MII'1MVIY~ yY NONiELRISi ~u M ( q IT C FOX MEMORIAL IN"~ 1 p. 4 NORTH FORtt p)Yf v Y R OE RYAN nlLLSxCE LWm 55 D 1, s SE N 3 lM i E R Sy m~ P ARA i V Vii` V ~ ~ g HCNMI 1Y 9UN SE Bi Jd1N6 GR WILON'OOD N VN r GGGC SAMARITAN LANE FORREST VILLAGE S rSAM'~b )p( GULF 6G B~ y il IV I ~ ~GOLF COURSE yT T AT TA AA Vk1r A A. EL mAAGx Peeewere ervov Aneeeouxw.nr ixnxcxAxanax LOxTeoLLAxxeu DENTON MOBILITY PLAN rximAxvmALax AAnnwe - GTr Lxnl»rooxoAev O DW ENNG§EBIMDATMNBPoIFEATION OER ncoxuevmAaoA AxreeMULE wLnaBF oA... mFnET PUTOne ROADWAY COMPONENT TY OF DEN N ROW)E aLFL~Dro~i~~nv~e~ non axeexT------ neuwxnu.OOxx.DNOx ewenxexor.ow N0TGPeIAeuPIWnO.EGVNC.ANDe pEBOWTION pYB-0OB OE0.101WB BGIF Ew Nci evD® nDADOMMICAp1DevTIONT AMENDMENT DATE:A~0171].B IMFBGIF IB WTO eAiuromuu S Our WuumumiQrd um crAW,rV ay Cempmmt MobJury pluu Ounye,dm ORDINANCE NO AN ORDINANCE AMENDING THE ORDINANCE ADOPTING THE DENTON PLAN 1999- 2020 BY ADOPTING AN AMENDMENT TO THE ROADWAY COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON ADDING A COLLECTOR STREET CONNECTING WIND RIVER LANE WITH STATE SCHOOL ROAD AND SUNDOWN RANCH SUBDIVISION, PROVIDING A SAVINGS AND A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton adopted resolution 98-065 adopting the roadway component of the Denton Mobility Plan to replace the 1988 Thoroughfare Plan on December 15, 1998, and WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999- 2020, and WHEREAS, City of Denton Engineering and Transportation Department recommends that the roadway component of the Denton Mobility Plan of the Denton Plan, 1999-2020 should be amended for a collector street connecting Wind River Lane and Sundown Ranch to State School Road, which amendment is attached as Exhibit "A", and WHEREAS, on September 27, 2000, the Planning and Zoning Commission held a public hearing and recommended approval of the amendment, and WHEREAS, the City Council, after a public hearing on October 17, 2000, finds that the recommended amendment is in the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council has reviewed the attached Exhibit "A" to the Denton Mobility Plan-Roadway Component, of the Denton Plan, 1999-2020 which illustrates the amendment and location of existing and planned roadways within the City of Denton, Texas for the addition of a collector street connecting Wind River Lane and Sundown Ranch to State School Road, and hereby adopts such amendments to the plan to be used as the guideline by the Director of Planning and Zoning of the City as directed to change the Mobility Plan Map in accordance with this amendment SECTION 2 That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict only The non- conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect 12 SECTION 3 That a copy of this ordinance shall be attached to the Denton Plan, 1999- 2020 showing the amendment herein approved SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITI ATTORNEY BY QO/ u~rR ~j I PAGE 2 13 S ~ yr OocumenMOkinm[u\oolRoeEwq Componml W Way Plan jiuu q aoc Agenda No 0 ~40 AGENDA INFORMATION SHEET Agenda Item I Date. 11-19-py AGENDA DATE- November Q8, 2000 DEPARTMENT Planning Department CM/DCM/ACM• David Hill,l 349-8314 SUBJECT-(A-102) (US 377II}35WAnnexation) Consider adoption of the first reading of an ordinance to involuntarily annex approximately 1,161 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts Tract #1 approximately 504 acres of land located in the southwestern side of the City ofDenton's extrat~rritoriallurisdiction west of US Highway 377, south of Allred and north and south of Johnson Lane Tract #2• approximately 655 acres of land located in the southwestern side of the City of Denton's extraterruoriallurisdichon east of Interstate Highway 35 West and west of the Kansas City j outhern Railway Company, extending south along Bonnie Brae approximately 6, 4 0 feet north of intersection of US Highway 377 Tract #3. appro imately 1 7 acres of land located northeast of the intersection of Corbin and Bonni Brae BACKGROUND An involuntary annexation proceeding is being considered by the City of Denton for approximately 1,161 acres of land located in the southwest section of the city, between US Highway 377 and Interstate Highway 35 West Maps of the tracts being considered for annexation are provided in Attachment #1 Also provided inl Attachment #1 are improved maps containing information requested by Council Member Cochran on November 14th Two required public hearings were held at the October 20 and November 7th Council meetings In addition, a neighborhood meeting was held on Monday, November 6`h, at 6 30 PM, at the Argyle Elementary School, to answer questions and listen to comments The Planning and Zoning Commission held a public hearing on Wednesday, November 8th A special called City Council meeting was held on November 14`' During the November 7, 2000 meeting, Council approved the deletion of former Tract #4, a 173-acre tract and several parcels from "Bract #2, by a vote of 7-0 The remaining area under annexation consideration was reduced at that time from 1, 711 acres to 1,446 acres by deleting 265 acres The deleted parcels are reflected in Attachment #1 Council also decided to continue to deliberate and possibly take action regarding further parcel deletions, pending the provision of additional information regarding current land uses and agreements in lieu of annexation at the November 14th meeting I I On November 8, 2000, the Planning and Zoning Commission voted 3-2 (Rishel, McNeil, and Moreno - in favor, Holt and Gourdy - opposed, Apple and Williams - absent) to recommend approval of the proposed annexation excluding Tract 4 (Happy Acres), Tract 1 (504 acres - the area south of Allred Road), the 87 acres out of Tract 2 (parcels 32-53) and the amended service plan The Planning and Zoning Commission voted 5-0, to recommend approval to zone the subject annexation area Agricultural (A) if the annexationns approved City Council at the special called meeting on November 14, 2000, voted to delete three more parcels (#28, #30, and #31) The three parcels located in Tract 1 total an estimated 340 acres There was further discussion deleting all of Tract #1 pending possible execution of agreements restricting subdivision and development of the land The parcels deleted on November 7th and 14`h are reflected in Attachment #1 SERVICE PLAN As per state law, a service plan has been prepared and made available for public inspection (Attachment #3) City Council approved amendments recommended by the Legal Department, which are incorporated in Attachment #3 Amendments based upon parcel deletions made on November 7d' and November 14`h have been incorporated into the service plan, which is an attachment to the ordinance OPTIONS The boundaries of the proposed annexation may be reduced, and the service plan may be amended without requiring initiation of a r~ew annexation process and schedule However, staff must deliver a copy of the first reading ordmanc~e to the Denton Record Chronicle for publication on November 29`h The proposed ordinance, or any amendment thereof, may not be approved on second reading until at least 30 days have passed after tht date of publication In order to meet the 30-day notice a requirement and consider adoption on second reading on January 9, 2001, staff will have to deliver t e ordinance as adopted (which must include the metes and bounds description) to the Denton Record Chronicle by noon on Wednesday, November 29, 2000 to be published on December 2, 2000 If City Council makes more changes to the annexation boundaries, staff will not be able to produce a revised ordinance and still meet the schedule for publication A delay in publishing the ls` reading ordinance would delay consideration of 2nd reading adoption to late January or early February 2001 n addition, the agreements considered by Council to be necessary for further parcel deletions will not be handled by November 28`h, and the parcels identified as potential agreement candidates are include in the current annexation ordinance RECOMMENDATION Staff recommends that Council approve the annexation ordinance, as drafted, on first reading If additional parcels are to be deleted, staff recommends delaying publication and the second reading date, or, as recommended by staff, Council can wait to make further deletions until the date of the second reading of the ordinance The annexation proceeding must be completed within 90 days of initiation (90 days from the November 28`h adoption on first reading is February 26, 2001), the latest regular meeting date the ordin ce can be adopted on second reading is February 6, 2001, with an effective date of February 20, 20 1 Staff continues to recommend annexation of the remaining tracts, an action that is consistent with the Denton Plan Specific reasons for this recommendation include 2 it a The annexation tracts are part of a larger area that is experiencing intense development pressure The city's comprehensive plan clearly indicates that urbanizing areas of Denton's ETJ should be annexed to protect both existing and new residents and property owners b The southern border of Denton has been fixed through interlocal agreements, and the annexation of Country Lakes and Robson Ranch Services have been programmed at significant cost to the city, and will be extended even further south than the proposed annexation tracts Improvements such as the US 377 water line, Graveyard Branch wastewater line, Hickory Creek Road expansion, and the US 377 / I-35W connector through the Vintage Planned Development will enhance property values in the proposed annexation areas, and will make these tracts more attractive to developers c The annexation will allow the City of Denton to provide municipal services to the subject tracts that are already in the process of being extended as far south as Country Lakes and Robson Ranch Utilities extensions have been budgeted and are being implemented Phased extensions of police, fire, and emergency medical services to the southern extreme of the city are being planned and programmed, and will occur in proportion to population growth Programmed and funded capital improvements include 1 US 377 Water Line Extension $2 2 million 2 Graveyard Branch Wastewater Line Extension $2 3 million 3 Fire Station #7 $3 3 million 4 US 377 /1-35W Road Connector $19 million 5 Hickory Creek Road Expansion (2 to 4 lanes) $2 2 million (with County) TOTAL $119 MILLION Consolidation of the city's southwest service area during its rural-to-urban transition will enable the programming of capital improvements gradually with lower risk of budgetary stress The City of Denton should act responsibly in protecting public health and safety by annexing growing ETJ areas before urbanization occurs d The need to manage and coordinate development in an orderly manner is a significant city objective that the City of Denton will pursue Without zoning and other land use regulations, subdivision plats can be filed and approved with no assurance of quality or adequate services While this may seem to affect only those in the new developments, all property owners in the vicinity suffer when road capacities become overwhelmed or other services become stressed e The annexation tracts also contain significant acreage designated as Environmentally Sensitive Areas, which have important water quality and flood control implications The City of Denton intends to preserve these areas to act as natural flood channels, rather than allowing filling of floodplains and paying for expensive concrete-lined channels at a later date 3 f The annexations are not financially motivated Annexation of primarily undeveloped land yields little in the way of revenue when compared to the expansion of the area for which the city must provide services Residential properties typically do not cover the full cost of services without support from the city's nonresidential tax base ESTIMATED SCHEDULE OF PROJECT Council is scheduled to consider adoption of the annexation ordinance on second reading on January 9, 2000 Due to recent amendments to state annexation law, the U S Department of Justice (DOJ) must assess the annexation for compliance with the Voting Rights Act Submittal of proper documentation to the DOJ will not occur until after the effective date of the annexation PRIOR ACTION/ REVIEW The issue of annexation in the US 377 / I-35W area was first raised in spring 1999 Several parcels currently being considered for annexation failed to be annexed, although Robson Ranch and Willow Lakes were annexed during May / June 1999 City staff asked Council to reevaluate potential annexation of this area, and during the August 22, 2000 work session, staff was instructed to institute involuntary annexation proceedings because of infrastructure availability and impending development pressure In spring 1999, Council declined to annex US 377 / 1-35W parcels contained the current annexation under consideration Council Work Session August 8, 2000 Council Work Session August 22, 2000 DRC Review August 24, 2000, September 7, 14, 21, 28, 2000 and October 6, 2000 Petition Filing Date September 22, 2000 Public Hearing #1 October 24, 2000 Neighborhood Meeting November 6, 2000 Public Hearing #2 November 7, 2000 P&Z Public Hearing & Recommendation November 8, 2000 Council Work Session & Special Called Meeting November 14, 2000 ATTACHMENTS 1 Location Map 2 Annexation Schedule 3 Draft Ordinance (with revised service plan, metes and bounds descriptions to be handed out at the November 28th meeting) Respect lly submitted D glas S Powell AICP Director of Planning and Development Prepared by Marcy atcliff Development Review Manager 4 Attachment 1 A-102 U.S. 377/1-35W NORTF LOCATION MAP o, Tr t 2 Tract t ~o Scale None TT~ i LEGEND t r Proposed Water Lines Water Lines I - Proposed Sewer Lines ------777 Sewer Lines 1 Railroad " 2 1114 Properties Under Consideration - - ( ' A-101 , P 77N L u A-102 = r 9' Properties Taken Out by Vote of Council Properties Subject to Deletion --.,e I "tPending Legal Agreement Fs -4. - Parcels = f- - - _ Floodway Floodplain E Afl1 . City Limits a P -.l Schools ; .,a, Extra Territorial Jurisdiction (ETJ) 7 t '7 73 urlington 12 Northern Santa Fe f ~ r i 19 zo I__ ' - s= s a k 4~ r t rZ 4v Gn fi a i - ~ ~ t t `~~rt`~z~T a t t P A iz ~777 7, Y e ~ f} SP's r I ~ Y Z `YST [^Y .1k ~ ~ h X \ ~--1 I rip S ' # i1 ~ ~.7 rvs . 1 , i'_ 1 / x .x a 5 F of F, y R',3 I I ~1 1JIMILLUM 1111 I 5 P. I . T S _ r t -14 Roark Branc i _ anita Sewer ~i a t I FFI Vr 4- I I s T., 1 35 Wes Water Line y 1, (Not Funded) ~ 5 '.a a e I ~ - - - 2 58 ,r ar ~ ~t r f e 7 x} I r E rj# !Ir IS { fr 5 T 3 ~F'r of c 2 v LI $ yy--I h' f V ! ~g~~~-t Nq%RY£ SWr irQf. ry~"F } {,ir j Yff~r rya{ti~'74'T~'+"'s%5§:Ir''1~ v f+a,~ r i 16R v! f ~ 1 r72 _ ~ 4X :e ~ xr y J*,~ r,c~=, I~ ~ i ra.~~t W to 1 ' 1~`~1 ra sr~ ' "r Lne per ~ vl-{s~.3 ~ #r r _3 9it 1 P F JY 3 ° ~ N +S I an x. 5r f~ _ #~tx i_>< ( ? l ~ 4r e: d~1~;~ t w ~r rr ~ i • 4 ~ ~ ~ P i ' t < < ~ 1x t r.5 't~ p r 4 pia' lr e t 1 rt ~ b 1 '~yti i x c+ u t nion ~,sq~r d _ e 1.~ ''t~ y. ~ I *'Tt f~ a tl n~ ~ ~ ~ ~c ~s* . e~f ~I i r2 ) 1.T 600 0 600 1200 Feet Planning and Crry of Denton 2 N Deveiopmentt Planning and Development Department 221 N Elm US 377 - 135 West ity + Denton, Texas 76201 Annexation Area e (940) 3438356 Of t ~v cdyofdenton com November - 2000 The information provided on this map represents the current data in the Denton GIs system. It may contain errors and omissions LEGEND Proposed Water Lines Water Lines I Proposed Sewer Lines Sewer Lines Railroad " '2. Properties Under Consideration Land Use Commercial I - - Homestead With Vacant Acreage Homestead _ School r 4: Vacant-Undeveloped - IIIIIIIII~ Properties Taken Out by Vote of Council Parcels 5 w. T E Floodway Floodplain City Limits q w Schools urlinhgton _ I~ Extra Territorial Jurisdiction (ETJ) - " t2 Nortl tern Santa Fe E I :A 77, r _ : . : IaJS 13 r • • JI 24 r W. Roark Branc I SEEN 26 10 anita Sewer Lie r • ,!.fig r i : 82 i~ M 35 Wes Water Lie 6 (Not Funded) 6 e a • 2 6s 7 { g ` ter - M' tl~~Il Lne 121 nion - - --~-i-~ -I-i-i-~ 600 0 600 1200 Feet A-1 02 Planning and aryofDenton US 377 - 135 West N gvV Development ! Planning and Development Department 221 N Elm Annexation Area °<< Denton, Texas 76201 1tY y (940) 349-8356 Land Uses ~f ~v cdyofdenton.com November - 2000 The information provided on this map represents the cuoZnt d9fd rl the Denton GIS system. It may contain errors and omissions. Attachment 2 ANNEXATION SCHEDULE FOR US 377/1-35W Annexation Area Friday, September 22 Involuntary Annexation Petition filed, Annexation Study & Service Plans Drafted 30 day notice of intent to annex to each property owner, each public entity or privet entity that provides services in the area and each railroad company Friday, October 6 Annexation Service Plans Completed Thursday, October 5 Notice sent to be published on Monday, October 9 on City Website and in Denton Record-Chromcle for CC's first public hearing (Noon) Friday, October 13 500' Courtesy Notice and Posting of signs Thursday, October 19 Deadline for receipt of petitions for opposition (10 days after notice) Tuesday, October 24 City Council Conducts first public hearing Wednesday, October 25 Notice sent to be published on Saturday, October 28 on City Website and in Denton Record-Chronicle for PZ's public hearing on annexation and zoning and CC's second public hearing on annexation and zoning (Noon) Tuesday, November 7 City Council Conducts second public hearing Wednesday, November 8 Planning and Zoning Commission public hearing - make a recommendation to City Council regarding the proposed annexation and the proposed zoning • Tuesday, November 28 First reading of annexation ordinance - City Council by a 4/5's vote institutes annexation proceedings • Wednesday, November 29 Annexation ordinance to be published on Saturday, December 2 on City Website and in Denton Record-Chronicle • TuesdaIY, January 9, 2001 Second reading and adoption of annexation ordinance and zoning ordinance - City Council by a 4/5's vote takes final action 6 Attachment 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING THREE TRACTS OF LAND COMPRISING 1,161 ACRES IN THE SOUTHWESTERN SIDE OF THE CITY OF DENTON'S EXTRATERRRITOTIAL JURISDICTION TRACT ONE IS LOCATED WEST OF U.S HIGHWAY 377, SOUTH OF ALLRED AND NORTH AND SOUTH OF JOHNSON LANE TRACT TWO IS LOCATED EAST OF INTERSTATE HIGHWAY 35 WEST AND WEST OF THE KANSAS CITY SOUTHERN RAILWAY COMPANY, EXTENDING SOUTH ALONG BONNIE BRAE APPROXIMATELY 6,400 FEET NORTH OF U S HIGHWAY 377 TRACT 3 IS LOCATED NORTHEAST OF THE INTERSECTION OF CORBIN AND BONNIE BRAE, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-102) WHEREAS, the City of Denton wishes to extend its City boundary line to include the 504 acre tract labeled as "Tract 1" and the 655 acre tract labeled as "Tract #2" and the 17 acre tract labeled as "Tract 3", more particularly described in Exhibit A, and WHEREAS, notice was mailed in accordance with state annexation law and Denton City Code, and WHEREAS, the aforementioned public hearings were conducted not more than forty (40) days nor less than twenty (20) days prior to the institution of the annexation proceedings, and WHEREAS, public hearings were held in the Council Chambers on October 24, 2000, and November 7, 2000, to allow all interested persons to state their views and present evidence bearing upon this annexation, and WHEREAS, after a public hearing on November 8, 2000, the City of Denton Planning and Zoning Commission recommended approval of the annexation by a vote of 3-2, and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on November 28, 2000, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, and WHEREAS, certain areas have been deleted to provide for conservation easements or land trust dedications to protect environmentally sensitive areas, or have been deleted because of the unlikelihood of imminent development, and WHEREAS, the City Council finds that the annexation will be in compliance with the 1999 Denton Plan, WHEREAS, the areas to be annexed lie within the extraterritorial jurisdiction of the City of Denton, Texas and lie adjacent to and contiguous to the City of Denton, Texas, 7 NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The land and territory lying outside of, but adjacent to and contiguous to the City of Denton as the 550-acre tract labeled as "Tract 1", the 655-acre tract labeled as "Tract 2", and the 1 7-acre tract labeled as "Tract 3", more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby added and annexed to the City of Denton, Texas, and said territory as described shall hereinafter be included within the boundary limits of the City of Denton, Texas, and the present boundary limits of said city, at the various points contiguous to the area described in Exhibit "A" are altered and amended so as to include said area within the corporate limits of the City of Denton, Texas SECTION II That the land and territory described in Exhibit "A" shall be part of the City of Denton, Texas, and the property so added shall bear its share of the taxes levied by the City of Denton, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges as citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Denton, Texas SECTION III That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance, and the implementation of the service plan is hereby authorized SECTION IV The annexed property is temporarily classified as Agricultural (A) zoning district classification and use designation SECTION V The City of Denton official zoning map is amended to show the Agricultural (A) zoning district and use classification of the property annexed SECTION VI Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit A regardless of whether any other part of the described property is hereby effectively annexed to the City If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance SECTION VII That this ordinance shall become effective fourteen (14) days from the date of its final passage and publication, and the City Secretary is hereby directed to cause the entire ordinance to be published once and the descriptive caption to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage 8 PASSED AND APPROVED this the day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 9 i Exhibit B CITY OF DENTON ANNEXATION SERVICE PLAN FOR A-102 (US 377/135 W) L AREA ANNEXED The annexation area is located in the southwestern portion of the extra-territorial jurisdiction of the City of Denton, and contains approximately 1,161 acres The annexation area of Tract #1 is located is located east of Interstate 35 West and west of U S Highway 377, south of Allred and north and south of Johnson Lane Tract #2 is located east of Interstate Highway 35 West and west of the Kansas City Southern Railway Company, extending south along Bonnie Brae approximately 6,400 feet north of intersection of U S Highway 377 Tract #3 is located northeast of the intersection of Corbin and Bonnie Brae See Attachment "1" II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Section 43 021, 43 065 and 43 065(b)-(o)(Vernon Supp 2000) Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city in accordance with the following plan The City shall provide the annexed tracts the levels of service, infrastructure and infrastructure maintenance that are comparable to the levels of service, infrastructure and infrastructure maintenance available in other parts of the city with similar topography, land use and population density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A POLICE CODE ENFORCEMENT AND ANIMAL CONTROL SERVICES The entire complement of Police, Code Enforcement and Animal Control services will be provided on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area The Police Department will be able to provide appropriate service to this area immediately upon annexation The immediate impact of the annexation will be addressed by the police department without additional resources, due to the primarily undeveloped condition of the area The Police Department already provides service to neighborhoods that directly surround the proposed annexation area As the population grows and more land is developed, additional staffing will be deployed to maintain a consistent level of service The Denton Police Department employs a policing philosophy known as Community Oriented Policing Services (C O P S wherein, the mission is to positively impact the quality of life throughout the community To achieve these ends, the department is committed to forming practical partnerships with the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace and enforcing the law, thereby, providing for a safe environment for all citizens The primary goal is to provide a system of delivering police services to neighborhoods based on three basic elements to ➢ Consultation ➢ Adaptation ➢ Mobilization Implementation of these three elements provides for structuring service delivery in a way that reinforces the strengths of neighborhoods, whereby it involves the community in all policing activities that directly impact the quality of community life Neighborhood officers are the link between citizens and the management of the organization and take the initiative to seek and collect information/ideas from average law abiding citizens Through these activities, the officers are better informed about what the citizens want in the way of police service in their respective neighborhood and plans are adopted to implement those services This system of service delivery has been nationally recognized via two National League of Cities awards for "Innovative Police Services Programming" Those awards were received in 1994 and 1997 The Police Department offers a Citizens Police Academy that was launched in the fall of 1992 It is specifically intended to involve residents in policing through a curriculum designed to acquaint participants with the entire police operation, thus providing a clearer understanding of what the police and other associated services in their community can do for them Additionally, the department offers a Citizen Youth Academy with much the same focus, except it is directed toward youth ages 15 to 18 Many other programs are offered, such as, the H E A T (Help End Auto Theft) program, S C A M S (Senior Citizens Against Money Scams) presentations and various Crime Prevention surveys, just to name a few B FIRE AND EMERGENCY MEDICAL SERVICES Fire, protection and emergency medical services will be provided on the effective date of the annexation using existing Denton Fire Department personnel and equipment Also, a mutual aid agreement with the Argyle Volunteer Fire Department currently exists The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Denton Fire Department services immediately available include ■ Fire suppression/rescue response = minimum staffing level of 33 firefighters 365 days a year/24 hours per day operating from 6 fire stations = 4 engine companies, 2 quint engine companies, 1 truck company, 4 medic ambulances and 1 Battalion Chief ■ Emergency medical services at Advance Life Support (ALS) level = all fire engines have a paramedic and paramedic equipment - The City has 4 fully staffed paramedic ambulances with 2 reserve ambulances that can be staffed by an engine company ■ Voluntary home fire prevention inspections ■ Swift water rescue team and equipment ■ Urban search and rescue team and equipment ■ Heavy rescue team and equipment ■ Hazardous material response ■ Fire prevention and education program = clown program and fire safety trailer ■ Victim support program 11 ■ CPR/First aid training for citizens ■ Emergency management program for disaster preparedness Fire Protection and Prevention I Initially, fire protection will be provided by Station #3 at 1204 McCormick and Station #6 at 3232 Teasley Lane Depending on the type of emergency, additional equipment will be required For example, a structural fire requires 3 engine companies, I truck company, a Battalion Chief, an ambulance, and a Fire Marshal for an initial response 2 The Fire Department's emergency response time to this annexation will exceed the Fire Department's five-year Strategic Plan's goal of a 4-minute response time to City residents 80% of the time However, the Denton Fire Department's response to this annexation area will still substantially improve the current level of fire protection and emergency medical care 3 The Fire Department Strategic Plan recommends two new fire stations in this area in order to maintain the same level of service provided to other areas of the City of Denton The Fire Department Strategic Plan calls for new fire stations located in the vicinity of Brush Creek Road and US 377, and in the FM 2449 / I-35 W area These new fire stations will allow for an acceptable 4-minute response time in 80% of the emergencies The FM 2449 /1-35W station (#7) is being actively pursued at the present time, and is budgeted for Fiscal Year 2002-03, unless circumstances exist beyond the control of the city Station #8 will be programmed as conditions warrant, depending on new development and population growth 4 Other areas within existing city boundaries do not meet the 4-minute response time goal and are similar in duration to the expected response times to this annexation Improving future response times to these areas are also addressed by the Fire Department's Strategic Plan 5 The City of Denton is close to signing an automatic aid agreement with the City of Fort Worth Fire Department for brush fire response into this area along with structure firefighting 6 No automatic aid agreements with Argyle Volunteer Fire Department currently exist with the City of Denton Through a mutual aid agreement, fire protection responses are provided on an as-needed basis, and the sharing of manpower and equipment is coordinated by the on-scene commander of the affected jurisdiction Automatic aid with any surrounding volunteer fire department would not achieve the same level of service as the rest of the City of Denton due to the nature of a volunteer fire department Volunteer fire departments are not sufficiently staffed and ready at a moment's notice as compared to a fully paid fire department as exists in the City of Denton Emergency Medical Services Emergency Medical Services will be provided immediately on the effective date of the annexation using existing Denton Fire Department personnel and equipment The annexation tracts currently do not have dedicated EMS ambulances or personnel that serve the existing population 12 C ROADS AND STREETS Maintenance of roads and streets in the area to be annexed will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Maintenance of Roads and Streets 1 An inventory of existing roads within in the subject area, including those subject to immediate and long-term maintenance, and future construction needs that will be the responsibility of the city, is attached as Attachment "2" 2 The City of Denton currently maintains 335 miles of road The subject area currently contains 38 miles of public roads that are maintained by the County These roadways would become the City of Denton's responsibility immediately upon annexation No new equipment or facilities would be required to serve the area 3 Based on a protected build-out population of 14,000 residents, and 300,000 square feet of industrial development, and assuming there will be additional roads constructed as property develops, it is anticipated that additional personnel will be required in order to maintain current levels of service at full development Additional equipment for the street crew would include a dump truck, backhoe and miscellaneous field supplies totaling $650,000 00 These resources would not be needed until the area becomes more fully developed D STREET LIGHTING Street lighting will be available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area E PARKS AND RECREATION SERVICES If any city park and recreation facilities are located within the annexed area, the maintenance will begin on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area No parks are currently located within the proposed annexation area The closest Denton neighborhood park properties are the undeveloped Cross Timbers Park and Bent Creek Park, which are adjacent to the annexation area Southlakes Park, located at Hobson at Santa Monica (approximately 12 miles away) and Denia Park, located at 1001 Parvm (approximately 1 mile away) are community parks located within reasonably close distance of the annexation tracts Current residents will be able to use existing City of Denton parks, facilities and programs 13 Parks and Recreation Facilities The current 2000 Parks and Recreation Master Plan indicates a need for a community park in this general area Population projections indicate a build-out population of 14,000 people living in 5,500 housing units Based on service standards set in the Park and Recreation Master Plan, an estimated 35 acres of new parkland will be needed for neighborhood parks Since the Parks and Recreation Master Plan indicates a need for a Community Park, a minimum of 30 acres will be necessary for such a facility, which would not be completed until near the time of area build-out Neighborhood parks are currently supported by the Park Dedication Ordinance, which requires development exactions for land and improvements Taxpayers share the costs of community parks on a citywide basis, typically through capital improvements programming F. LIBRARY SERVICES Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city The closest library facility to the annexation tracts is the South Branch Library, located on FM 2181, near the intersection of FM 2181 and Wind River Drive G BUILDING INSPECTIONS AND CONSUMER HEALTH SERVICES Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city Both services are provided on a "cost recovery" basis, and permit fees are used to offset the costs of services delivered H PLANNING AND DEVELOPMENT SERVICES Planning and Development Department services will be provided will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city The Planning and Development Department currently provides services to the annexation tracts by way of administration of Chapter 34 of the Code of Ordinances, Subdivision and Land Development Regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses land use in the city and its ETJ, and the subject tracts contain potions of a Regional Mixed Use Center, Neighborhood Centers, Existing Neighborhoods / Infrll Compatibility Areas, and 100 Year Floodplam / Environmentally Sensitive Areas The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplams as environmental and open space corridors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed IV UTILITY (RATEPAYER) SERVICES A SOLID WASTE SERVICES The City of Denton Solid Waste Department is the exclusive residential and commercial solid waste service provider in the City The Department is an entirely fee based operation and receives no resources from taxes The current residential solid waste rate is $16 per month for twice per week 14 pick-up Commercial rates vary depending upon the scope of service provided Solid waste collection service will be provided to the property on the effective date of the annexation The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers for two years after the effective date of tlus annexation in accordance with Texas Local Government Code, Section 43 056(0) (Vernon Supp 2000) To receive solid waste collection service the customer must contact a City of Denton Customer Service Office and submit a request / application for service Solid Waste Collection Existing development in the area can be adequately served with resources provided in the fiscal year 2001 budget with no appreciable impact upon those resources Future impact will be determined by the rate of growth For automated residential systems an additional residential route is needed for every 800-1000 dwellings The city proposes to serve this area with automated residential collection using roll-out carts when such a route is extended into the annexation area B WATER AND WASTEWATER SERVICES Maintenance of existing City of Denton water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be continued to be maintained immediately on the effective date of the annexation The majority of the area to be annexed is provided water by either a private water well or the Argyle Water Supply Corporation, and a private wastewater system The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Water and Wastewater Facilities The Water Master Plan includes the 20-inch water main along US Highway 377 The proposed annexation areas could be served by tapping into the 20-inch water main This line will be available for service by April 2001 However, this 20-mch line by itself cannot provide service capacity for the entire annexation area The Master Plan also includes a 16-inch water line along Bonnie Brae, a 12-inch line through the Vintage Sub- division and a 20-inch line along I-35W that will end at Crawford Road These lines are not currently in the FY 2000-2004 Capital Improvements Plan The proposed master plan water lines in the annexation area are shown in Attachment "3" The City of Denton will be the retail provider of water utility service for all future developments in the area since they will be annexed into the City limits and lie within Denton's CCN for water utility service The Wastewater Master Plan shows the Roark Branch Sewer Line that will tie into the existing Hickory Creek Interceptor (See Attachment "3') The only existing City of Denton utility line that lies within the proposed annexation area is the Hickory Creek Interceptor sewer line The impact of annexation and development of the subject tracts can be accommodated by the programmed Graveyard Branch Interceptor that will be installed in the southern portion of the annexation tract, and the Hickory Creek Interceptor The City of Denton will be the retail provider of wastewater utility service for all future developments in the area since they will be annexed into the City limits and lie within 15 Denton's CCN for wastewater utility service No additional equipment will be needed for wastewater to serve the annexation area C DRAINAGE SERVICES Drainage maintenance will be provided on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Dramage Services 1 Annexation of this area includes subdivisions that may be poorly drained Some areas could be substandard and susceptible to flooding Major channel or storm drain systems may be required Correction of these problems will require expenditure of City funds 2 Provision of drainage services is currently funded by water and wastewater ratepayers As development occurs, and sewer or water service is extended to these areas, funding will become available to provide drainage maintenance 3 Easements may be necessary to provide adequate drainage 4 This area contains creeks that do not have a detailed flood study The Master Drainage Plan Update will include these properties, if annexed, as part of a detailed flood study 5 Areas currently experiencing moderate to severe erosion may require eventual repair 6 New subdivisions would be subject to the City's Drainage Criteria, subdivision regulations, and interim regulations Areas along Hickory Creek Road, FM 1830, Highway 377, Country Club Road, and Brush Creek Road contain properties in the 100-year floodplam Approximately 740 acres lie within the 100-year floodplain In addition, this area contains designated Environmentally Sensitive Areas The majority of the floodplam has a contributing drainage area of greater that one square mile The proposed development code will essentially prohibit any disturbance of the floodplam and environmentally sensitive areas in these areas Structures, parking lots, fill, excavation, land disturbance, fences, decks, pools, and other aboveground manmade structures will be prohibited in the floodplam D ELECTRIC SERVICES Denton Municipal Electric is certified by the state and is obligated to provide electric utility service to the entire annexation area should a request be made by a property owner Other electric service providers are also certified to provide electric utility service within the annexation tracts, and customers may elect to choose the electric company they prefer Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city Electric service to properties within the annexation tracts will be able to continue without disruption for any customer currently receiving such service 16 Denton Municipal Electric has existing facilities in the Ryan / Country Club Annexation Area The 138 kV transmission line crosses the annexation area Distribution facilities are on US 377, Ryan Road, Country Club Road, and Hickory Creek Road Denton Municipal Electric plans to build two substations one on US 377 and the other at Teasley Lane and Hickory Creek Road V. OTHER SERVICES Other services that may be provided by the city such as municipal and general administration will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of additional water, sewer, street and drainage facilities will begin within two and a half (2 %2) years unless certain services can not be reasonably provided within that period If certain services cannot be reasonably provided, the city will provide those services within 4 and a half (4 '/2) years after the effective date of the annexation Construction will be completed within four and one- half (4 '/2) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the city Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service VIII. TERM This service plan shall be valid for a term often (10) years Renewal of the service plan shall beat the discretion of City Council IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) X. EXHIBITS Attachment 1 Annexation Tracts Location Map Attachment 2 Roadway Inventory Attachment 3 Water & Wastewater Facilities 17 , LOCATION MAP , US 377 Area Tract 1 r A J d % f Z I ~ ~ f 4 ! Iw ) s f n . w : w I ) 7 5 } ^!3i , i 4 P ^f N 1000 0 1000 2000 Feet = 9/21/00 ATTACHMENT 1 v t LOCATION MAP US377 Area Tract 2 ti ,wy „ P t P \ P , r,va r ~`rt p ~^y „ ~F ,ray o w~ e r tx 4 4~d 4} y y A V m< ~ }F e9.d v rei« c €a e~^ra< ry, Y F~ Lr W c, A t , 9/21/ 0 N 1 0 0 1000. 2000 revised 11 20/00 8. ATTACHMENT 1 LOCATION MAP US 377 Area Tract 3 16 ~ t „ b .6 16 ® ■p 16 M e uaf 6 "41 of Q:)l AF n on p °q■ IL an I ■ 1.654 ACRE ® e 0 ti Jr ■ ~ ~jrfn • l i !p `-ry'S~ir I rtr ri 5~ ArA` v r} r to rs s °r ~a ° , ATTACHMENT 1 6 3i g ~ 9 S A e a gill wn I 1 a Z LL LL *pR ATTACHMENT 2 a US 37 /1-35 W Annexation Area Affected Streets OORaN FOS~ / / - FlfllliEAIJWvEM 1 ,dI SrTQ-ALREO wry r r+sw ykl CHEF ' ~ FV 1eded Streets ' /V Basting Streets Planned Thoroughfares 9 ~U Planned aallectcrs / atyumns / Annexation Area tJot7oScele ATTACHMENT 2 Legend Developments ® Burch Tract Ryan Tract The Hills of Argy ® The Vintage 6YPM CW P=wT 6.^M.Bn.N1N6 . Weatherford Tra Annexation Areas 377 & 35 r- Ryan & 1830 ~/44//✓' 6v6MCIPPWWT Priority CwnW uoe Raew.umn. Proposed Line 6vE.xaPVaa~r ~ Nnay wWmn. r i~ REVENUE PROJEC! vaRwn,"~cn.^w^ N i SAt. x 0 05 1 Mil WATER ANNEXATION AREAS - ATTACHMENT 3 Legend u Developments ® Burch Tract x ® Ryan Tract The Hills of Argyle ® The Vintage ® Weatherford Tract Annexation Areas 0 377 & 35 Ryan & 1830 0 Priority Proposed Line } RV~UE R,n Ew ParkB~ron N Harpy - ~cea n i' ly cirvnaMr s 3MV Bozo eswno-e r• 0 05 1 Mlles )N AREAS - SERVICE PLAN SEWER ATTACHMENT 3 Agenda No _ ~✓r~ Agenda Item ~r AGENDA INFORMATION SHEET Date AGENDA DATE: November 28, 2000 DEPARTMENT: Planning Department CM/DCM/ACM: David Hill, 349-8314 SUBJECT-(A-101) (Ryan Road/Country Club Road Annexation) Consider adoption of the first reading of an ordinance to involuntarily annex approximately 1,104 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ), for the following tracts Tract #I: approximately 1,100 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction east of US Highway 377, south of Regency Court on each side of Country Club Road, west of Montecito along Ryan Road and mostly north of Brush Creek Road Tract #2. approximately 3 6 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction west of Montecito, south of El Paseo and east of Santa Monica BACKGROUND An involuntary annexation proceeding is being considered by the City of Denton for approximately 1,104 acres of land located generally south of Ryan Road and east of Country Club Road A revised map of the area being considered for annexation is provided in Attachment #1 Also provided in Attachment #1 are improved maps containing information requested by Council Member Cochran on November 14th Two required public hearings were held at the October 24 h and November 71h Council meetings The Planning and Zomng Commission held a public hearing on Wednesday, November 8th A neighborhood meeting was held on Thursday, November 9`h, at 6 30 PM, at the McNair Elementary School, to answer questions and listen to comments During the November 7, 2000 meeting, Council approved the deletion of four parcels (#77, #88, #89, and #90 from a referenced map) by a vote of 6-1 (Mayor Brock opposed) The four parcels total an estimated 134 acres Council also decided to continue to deliberate and possibly take action regarding further parcel deletions, pending the provision of additional information regarding current land uses and agreements in lieu of annexation at the November 14`h meeting On November 8, 2000, the Planning and Zoning Commission voted 3-2 (Rishel, Gourdy, and McNeil - in favor, Holt and Moreno - opposed, Apple and Williams - absent) to recommend approval of the proposed annexation as revised by City Council on November 7, 2000 The Planning and Zoning Commission also voted 5-0 to recommend approval to zone the subject annexation area Agricultural (A) if the annexation is approved 1 On November 14, 2000, during at a special called meeting, City Council voted to delete four more parcels (#1, #2, #74, and #78) The four parcels total an estimated 133 acres There was further discussion of deleting parcels #101, #102, #104 thru #112 by the time of the 2nd reading of the annexation ordinance pending the possible execution of agreements restricting subdivision and development of the land The parcels deleted on November 7 h and 14th are reflected in Attachment #1 SERVICE PLAN As per state law, a service plan has been prepared and made available for public inspection (Attachment #3) Amendments based upon parcel deletions and legal recommendations, and approved by City Council on November 7th and November 14th, have been incorporated into the service plan OPTIONS The boundaries of the proposed annexation may be reduced, and the service plan may be amended without requiring initiation of a new annexation process and schedule However, staff must deliver a copy of the first reading ordinance to the Denton Record Chronicle for publication on November 29`h The proposed ordinance, or any amendment thereof, may not be approved on second reading until at least 30 days have passed after the date of publication In order to meet the 30-day notice requirement and consider adoption on second reading on January 9, 2001, staff will have to deliver the ordinance as adopted (which must include the metes and bounds description) to the Denton Record Chronicle by noon on Wednesday, November 29, 2000 to be published on December 2, 2000 If City Council makes more changes to the annexation boundaries, staff will not be able to produce a revised ordinance and still meet the schedule for publication A delay in publishing the 15` reading ordinance would delay consideration of 2nd reading adoption to late January or early February 2001 In addition, the agreements considered by Council to be necessary for further parcel deletions will not be handled by November 28`h, and the parcels identified as potential agreement candidates are included in the current annexation ordinance RECOMMENDATION Staff recommends that Council approve the annexation ordinance, as drafted, on first reading If additional parcels are to be deleted, staff recommends delaying publication and the second reading date, or, as recommended by staff, Council can wait to make further deletions until the date of the second reading of the ordinance The annexation proceeding must be completed within 90 days of initiation (90 days from the November 28th adoption on first reading is February 26, 2001), the latest regular meeting date the ordinance can be adopted on second reading is February 6, 2001, with an effective date of February 20, 2001 Staff continues to recommend annexation of the remaining tracts, an action that is consistent with the Denton Plan Specific reasons for this recommendation include a The annexation tracts are part of a larger area that is experiencing intense development pressure The city's comprehensive plan clearly indicates that urbanizing areas of Denton's ETJ should be annexed to protect both existing and new residents and property owners b The southern border of Denton has been fixed through interlocal agreements, and the annexation of Country Lakes and Robson Ranch Services have been programmed at significant cost to the city, and will be extended even further south than the proposed annexation tracts Improvements such as the US 377 water line, Graveyard Branch wastewater 2 line, Hickory Creek Road expansion, and the US 377 / I-35W connector through the Vintage Planned Development will enhance property values in the proposed annexation areas, and will make these tracts more attractive to developers c The annexation will allow the City of Denton to provide municipal services to the subject tracts that are already in the process of being extended as far south as Country Lakes and Robson Ranch Utilities extensions have been budgeted and are being implemented Phased extensions of police, fire, and emergency medical services to the southern extreme of the city are being planned and programmed, and will occur in proportion to population growth Programmed and funded capital improvements include I US 377 Water Line Extension $2 2 million 2 Graveyard Branch Wastewater Line Extension $2 3 million 3 Fire Station #7 $3 3 million 4 US 377 / I-35W Road Connector $19 million 5 Hickory Creek Road Expansion (2 to 4 lanes) $2 2 million (with County) TOTAL $11.9 MILLION Consolidation of the city's southwest service area during its rural-to-urban transition will enable the programming of capital improvements gradually with lower risk of budgetary stress The City of Denton should act responsibly in protecting public health and safety by annexing growing ETJ areas before urbanization occurs d The need to manage and coordinate development in an orderly manner is a significant city objective that the City of Denton will pursue Without zoning and other land use regulations, subdivision plats can be filed and approved with no assurance of quality or adequate services While this may seem to affect only those in the new developments, all property owners in the vicinity suffer when road capacities become overwhelmed or other services become stressed e The annexation tracts also contain significant acreage designated as Environmentally Sensitive Areas, which have important water quality and flood control implications The City of Denton intends to preserve these areas to act as natural flood channels, rather than allowing filling of floodplains and paying for expensive concrete-lined channels at a later date f The annexations are not financially motivated Annexation of primarily undeveloped land yields little in the way of revenue when compared to the expansion of the area for which the city must provide services Residential properties typically do not cover the full cost of services without support from the city's nonresidential tax base ESTIMATED SCHEDULE OF PROJECT Council is scheduled to consider adoption of the annexation ordinance on second reading on January 9, 2000 Due to recent amendments to state annexation law, the U S Department of Justice (DOJ) must assess the annexation for compliance with the Voting Rights Act Submittal of proper documentation to the DOJ will not occur until after the effective date of the annexation 3 PRIOR A TION/REVIEW The issue o annexation of this area was first raised as a result of a voluntary annexation petition filed by the Denton Independent School District (DISD) on July 18, 2000 to request annexation of an 18 1- acre elementary school site City staff presented the information to City Council at the August 8, 2000 work session Council discussed development interest in the general vicinity and instructed staff provide further information regarding a broader annexation action During the August 22, 2000 work session, staff was instructed to institute involuntary annexation proceedings encompassing the area currently under consideration because of infrastructure availability and impending development pressure Council Work Session August 8, 2000 Council Work Session August 22, 2000 DRC Review August 24, 2000, September 7, 14, 21, 28, 2000 and October 6, 2000 Petition Filing Date September 22, 2000 Public Hearing #1 October 24, 2000 Public Hearing #2 November 7, 2000 P&Z Public Hearing & Recommendation November 8, 2000 Neighborhood Meeting November 9, 2000 Council Work Session & Speciali Called Meeting November 14, 2000 ATTACHMENTS 1 Location Map 2 Annexation Schedule 3 Draft Ordinance (with revised service plan, metes and bounds description to be handed out at the November 28th meeting) Respectfully submitted As S Powell AICP Director of Planning and Development Prepared by -4 1 rw n arcy tcliff Development Review Manager 4 Attachment 1 NORTH A-101 Ryan Road/Country Club Road Annexation Location Map ❑ r 2 Tract Fro Scale None 5 CD Ul CD V - N N KP - 9Fk 1 if I t 1 ~ NI I f / i -TT I T77 f e - (S 1 - - - t i ~ ti am C) O v nol.l~n ®~~I I~ 1'~<^ t I i I i Imo' Z ° z 3 ~wn~m~ S^i ~ O ~ ~+vss31 ss~ Y F ~a,~~fs~ r 'a N~~D S ~ W~3~~ ply 4.v' c ¢ 2 as ° nM 0. mw~. O~~Q $ S~~ m° ' 3 ' N 3 m pup ~'f Z pw0 : E 0~ o i' @ d n n N olN /•~D 3Y ~ X01 `08. Q u D ID W _ O } S ~ » M Q v N `V ♦/D P a'Zarv+l I 5f ....~.,.L.. - n. III 1 1 Ma a e{'.3 C4. I L -J f i. : N ~ - N r" ".i 1 M4 1:1 A., El J i., cVK O - U1 i_.CJ to l yyf 41 W _ r - - - 11111111 ITHIT i LLJI-LILLITM 9 - t i ° a~ m 3m_ Do o m~ Cl N Cl - n I I 3 ~ C Z N m ds~ rCD CD 91) 3 wwoz=„ + z m m o< x x Cdwvi RI ~D - H,3mm G'0 o-_. m 8 gg of 3 o -u a8 Q..°►^~.~ rJ m wy o.0 iC T'~ 3 u S N 4 u R ncac'g fTl d' EO Y 3 ° z a 3 a R R D 8 n r c 00~ ' 7 q 3 2 u u v 4 3 ~ ~ 'R m ~ 0 Attachment 2 ANNEXATION SCHEDULE OF Ryan Road/Country Club Annexation Area Friday, September 22 Involuntary Annexation Petition filed, Annexation Study & Service Plans Drafted 30 day notice of intent to annex to each property owner, each public entity or private entity that provides services in the area and each railroad company Friday, October 6 Annexation Service Plans Completed Thursday, October 5 Notice sent to be published on Monday, October 9 on City Websrte and in Denton Record-Chronicle for CC's first public hearing (Noon) Friday, October 13 500' Courtesy Notice and Posting of signs Thursday, October 19 Deadline for receipt of petitions for opposition (10 days after notice) Tuesday, October 24 City Council Conducts first public hearing Wednesday,) October 25 Notice sent to be published on Saturday, October 28 on City Websrte and in Denton Record-Chronicle for PZ's public hearing on annexation and zoning and CC's second public hearing on annexation and zoning (Noon) Tuesday, November 7 City Council Conducts second public hearing Wednesday, November 8 Planning and Zoning Commission public hearing - make a recommendation to City Council regarding the proposed annexation and the proposed zoning • Tuesday, November 28 First reading of annexation ordinance - City Council by 4/5's vote institutes annexation proceedings • Wednesday, November 29 Annexation ordinance to be published on Saturday, December 2 on City Websrte and in Denton Record-Chronicle • Tuesdayl~, January 9, 2001 Second reading and adoption of annexation ordinance and zoning ordinance - City Council by a 4/5's vote takes final action 6 Attachment 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS OF LAND, COMPRISING 1,104 ACRES. TRACT ONE IS LOCATED ON THE ON THE SOUTHWESTERN SIDE OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION EAST OF U S. HIGHWAY 377, SOUTH OF REGENCY COURT ON EACH SIDE OF COUNTRY CLUB ROAD, WEST OF MONTECITO ALONG RYAN ROAD AND MOSTLY NORTH OF BRUSH CREEK ROAD AND TRACT TWO IS LOCATED WEST OF MONTECITO, SOUTH OF EL PASEO AND EAST OF SANTA MONICA; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-101). WHEREAS, the City of Denton wishes to extend its City boundary line to include the 1,100 acre tract labeled as "Tract #1" and the 4 acre tract labeled as "Tract #2", more particularly described in Exhibit A, and WHEREAS, notice was mailed in accordance with state annexation law and Denton City Code, and WHEREAS, public hearings were held in the Council Chambers on October 24, 2000, and November 7, 2000, to allow all interested persons to state their views and present evidence bearing upon this annexation, and WHEREAS, the aforementioned public hearings were conducted not more than forty (40) days nor less than twenty (20) days prior to the institution of the annexation proceedings, and WHEREAS, after a public hearing on November 8, 2000, the City of Denton Planning and Zoning Commission recommended approval of the annexation by a vote of 3-2, and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on November 28, 2000, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, in accordance with state law and as regwred by City Charter, and WHEREAS, certain areas have been deleted to provide for conservation easements or land trust dedications 1 to protect environmentally sensitive areas, or have been deleted because of the unlikelihood of imminent development, and WHEREAS, the City Council finds that the annexation will be in compliance with the 1999 Denton Plan, WHEREAS, the areas to be annexed he within the extraterritorial jurisdiction of the City of Denton, Texas and lie adjacent to and contiguous to the City of Denton, Texas, 7 NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The land and territory lying outside of, but adjacent to and contiguous to the City of Denton as the 1,100-acre tract labeled as "Tract 1" and the 3 6-acre tract labeled as "Tract 2", more particularly described in Exlubit "A", attached hereto and incorporated herein by reference, is hereby added and annexed to the City of Denton, Texas, and said territory as described shall hereinafter be included within the boundary limits of the City of Denton, Texas, and the present boundary limits of said city, at the various points contiguous to the area described in Exhibit "A" are altered and amended so as to include said area within the corporate limits of the City of Denton, Texas SECTION II That the land and territory described in Exhibit "A" shall be part of the City of Denton, Texas, and the property so added shall bear its share of the taxes levied by the City of Denton, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges as citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Denton, Texas SECTION III That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance, and the implementation of the service plan is hereby authorized SECTION IV The annexed property is zoned classified as Agricultural (A) zoning district classification and use designation SECTION V The City of Denton official zoning map is amended to show the Agricultural (A) zoning district and use classification of the property annexed SECTION VI Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit A regardless of whether any other part of the described property is hereby effectively annexed to the City If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of, any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance SECTION VII That this ordinance shall become effective fourteen (14) days from the date of its final passage and publication, and the City Secretary is hereby directed to cause the entire ordinance to be published once and the descriptive caption to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage 8 PASSED AND APPROVED this the day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 9 Exhibit B CITY OF DENTON ANNEXATION SERVICE PLAN FOR A-101 (RYAN ROAD/COUNTRY CLUB ROAD) 1. AREA ANNEXED The annexation area located in two tracts in the extra-territonal jurisdiction of southwest Denton contains approximately 1,104 acres The annexation area of Tract #1 is located east of U S Highway 377, south of Regency Court on each side of Country Club Road, west of Montecito along Ryan Road and mostly north of Brush Creek Road The annexation area of Tract #2 is located west of Montecito, south of El Paseo and east of Santa Monica See Attachment "1" II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Section 43 021, 43 065 and 43 065(b)-(o)(Vemon Supp 2000) Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city in accordance with the following schedule III AD VALOREM (PROPERTY OWNER) TAX SERVICES A POLICE, CODE ENFORCEMENT AND ANIMAL CONTROL SERVICES The entire complement of Police, Code Enforcement and Animal Control services will be provided on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area The Police Department will be able to provide appropriate service to this area immediately upon annexation The immediate impact of the annexation will be addressed by the police department without additional resources, due to the primarily undeveloped condition of the area The Police Department already provides service to neighborhoods that directly surround the proposed annexation area As the population grows and more land is developed, additional staffing will be deployed to maintain a consistent level of service The Denton Police Department employs a policing philosophy known as Community Oriented Policing Services (C O P S wherein, the mission is to positively impact the quality of life throughout the community To achieve these ends, the department is committed to forming practical partnerships with the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace and enforcing the law, thereby, providing for a safe environment for all citizens The primary goal is to provide a system of delivering police services to neighborhoods based on three basic elements ➢ Consultation ➢ Adaptation ➢ Mobilization to Implementation of these three elements provides for structuring service delivery in a way that reinforces the strengths of neighborhoods, whereby it involves the community in all policing activities that directly impact the quality of community life Neighborhood officers are the link between citizens and the management of the organization and take the initiative to seek and collect information/ideas from average law abiding citizens Through these activities, the officers are better informed about what the citizens want in the way of police service in their respective neighborhood and plans are adopted to implement those services This system of service delivery has been nationally recognized via two National League of Cities awards for "Innovative Police Services Programming" Those awards were received in 1994 and 1997 The Police Department offers a Citizens Police Academy that was launched in the fall of 1992 It is specifically intended to involve residents in policing through a curriculum designed to acquaint participants with the entire police operation, thus providing a clearer understanding of what the police and other associated services in their community can do for them Additionally, the department offers a Citizen Youth Academy with much the same focus, except it is directed toward youth ages 15 to 18 Many other programs are offered, such as, the H E A T (Help End Auto Theft) program, S C A M S (Senior Citizens Against Money Scams) presentations and various Crime Prevention surveys, just to name a few B. FIRE AND EMERGENCY MEDICAL SERVICES Fire protection and emergency medical services will be provided on the effective date of the annexation using existing Denton Fire Department personnel and equipment Also, a mutual aid agreement with the Argyle Volunteer Fire Department currently exists The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Denton Fire Department services immediately available include ■ Fire suppression/rescue response = minimum staffing level of 33 firefighters 365 days a year/24 hours per day operating from 6 fire stations = 4 engine companies, 2 quint engine companies, 1 truck company, 4 medic ambulances and 1 Battalion Chief ■ Emergency medical services at Advance Life Support (ALS) level = all fire engines have a paramedic and paramedic equipment - The City has 4 fully staffed paramedic ambulances with 2 reserve ambulances that can be staffed by an engine company ■ Voluntary home fire prevention inspections ■ Swift water rescue team and equipment ■ Urban search and rescue team and equipment ■ Heavy rescue team and equipment ■ Hazardous material response ■ Fire prevention and education program = clown program and fire safety trailer ■ Victim support program ■ CPR/First aid training for citizens • Emergency management program for disaster preparedness 11 Fire Protection and Prevention 1 Initially, fire protection will be provided by Station #3 at 1204 McCormick and Station #6 at 3232 Teasley Lane Depending on the type of emergency, additional equipment will be required For example, a structural fire requires 3 engine companies, 1 truck company, a Battalion Cluef, an ambulance, and a Fire Marshal for an initial response 2 The Fire Department's emergency response time to this annexation will exceed the Fire Department's five-year Strategic Plan's goal of a 4-minute response time to City residents 80% of the time However, the Denton Fire Department's response to this annexation area will still substantially improve the current level of fire protection and emergency medical care 3 The Fire Department Strategic Plan recommends two new fire stations in this area in order to maintain the same level of service provided to other areas of the City of Denton The Fire Department Strategic Plan calls for new fire stations located in the vicinity of Brush Creek Road and US 377, and in the FM 2449 / I-35 W area These new fire stations will allow for an acceptable 4-minute response time in 80% of the emergencies The FM 2449 / I-35W station (#7) is being actively pursued at the present time, and is budgeted for Fiscal Year 2002-03, unless circumstances exist beyond the control of the city Station #8 will be programmed as conditions warrant, depending on new development and population growth 4 Other areas within existing city boundaries do not meet the 4-minute response time goal and are similar in duration to the expected response times to this annexation Improving future response times to these areas are also addressed by the Fire Department's Strategic Plan 5 The City of Denton is close to signing an automatic aid agreement with the City of Fort Worth Fire Department for brush fire response into this area along with structure firefighting 6 No automatic aid agreements with Argyle Volunteer Fire Department currently exist with the City of Denton Through a mutual aid agreement, fire protection responses are provided on an as-needed basis, and the sharing of manpower and equipment is coordinated by the on-scene commander of the affected jurisdiction Automatic aid with any surrounding volunteer fire department would not achieve the same level of service as the rest of the City of Denton due to the nature of a volunteer fire department Volunteer fire departments are not sufficiently staffed and ready at a moment's notice as compared to a fully paid fire department as exists in the City of Denton Emergency Medical Services Emergency Medical Services will be provided immediately on the effective date of the annexation using existing Denton Fire Department personnel and equipment The annexation tracts currently do not have dedicated EMS ambulances or personnel that serve the existing population 12 C. ROADS AND STREETS Maintenance of roads and streets in the area to be annexed will be made available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Maintenance of Roads and Streets 1 An inventory of existing roads within in the subject area, including immediate and long- term maintenance and construction needs, is attached as Attachment "2" 2 The City of Denton currently maintains 335 miles of road The subject area currently contains 2 7 miles of public roads that are maintained by the County These roadways would become the City of Denton's responsibility immediately upon annexation No new equipment or facilities would be required to serve the area 3 Based on a projected population of 8,000 residents, and assuming there will be additional roads constructed as property develops, it is anticipated that additional personnel will be required in order to maintain current levels of service at full development Additional equipment for the street crew would include a dump truck, backhoe and miscellaneous field supplies totaling $300,000 00 These resources would not be needed until the area becomes more fully developed D STREET LIGHTING Street lighting will be available on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or protected in the area E PARKS AND RECREATION SERVICES If any city park and recreation facilities are located within the annexed area, the maintenance will begin on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area No parks are currently located within the proposed annexation area The closest Denton neighborhood park properties are the undeveloped Cross Timbers Park and Bent Creek Park, which are adjacent to the annexation area Southlakes Park, located at Hobson at Santa Monica (approximately 12 miles away) and Denia Park, located at 1001 Parvm (approximately 1 mile away) are community parks located within reasonably close distance of the annexation tracts Current residents will be able to use existing City of Denton parks, facilities and programs Parks and Recreation Facilities The current 2000 Parks and Recreation Master Plan indicates a need for a community park in this general area Population projections indicate a build-out population of 8,000 people living in 3,000 housing units Based on service standards set in the Park and Recreation Master Plan, 13 an estimated 20 acres of new parkland will be needed for neighborhood parks Since the Parks and Recreation Master Plan indicates a need for a Community Park, a minimum of 30 acres will be necessary for such a facility, which would not be completed until near the time of area build-out Neighborhood parks are currently supported by the Park Dedication Ordinance, which requires development exactions for land and improvements Taxpayers share the costs of community parks on a citywide basis, typically through capital improvements programming F LIBRARY SERVICES Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city The closest library facility to the annexation tracts is the South Branch Library, located on FM 2181, near the intersection of FM 2181 and Wind River Drive G BUILDING INSPECTIONS AND CONSUMER HEALTH SERVICES Building, inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city Both services are provided on a "cost recovery" basis, and permit fees are used to offset the costs of services delivered H PLANNING AND DEVELOPMENT SERVICES Planning and Development Department services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city The Planning and Development Department currently provides services to the annexation tracts by way of administration of Chapter 34 of the Code of Ordinances, Subdivision and Land Development Regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain a Community Mixed Use Center, Neighborhood Centers, Existing Neighborhoods / Infill Compatibility Areas, and 100 Year Floodplain / Environmentally Sensitive Areas The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed IV. UTILITY (RATEPAYER) SERVICES A. SOLID WASTE SERVICES The City of Denton Solid Waste Department is the exclusive residential and commercial solid waste service provider in the City The Department is an entirely fee based operation and receives no resources from taxes The current residential solid waste rate is $16 per month for twice per week pick-up Commercial rates vary depending upon the scope of service provided Solid waste collection service will be provided to the property on the effective date of the annexation The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers for two years after the effective date of this annexation in accordance with Texas Local Government Code, Section 43 056(0) (Vernon Supp 2000) To receive solid waste 14 collection service the customer must contact a City of Denton Customer Service Office and submit a request / application for service Solid Waste Collection Existing development in the area can be adequately served with resources provided in the fiscal year 2001 budget with no appreciable impact upon those resources Future impact will be determined by the rate of growth For automated residential systems an additional residential route is needed for every 800-1000 dwellings The city proposes to serve this area with automated residential collection using roll-out carts when such a route is extended into the annexation area B WATER AND WASTEWATER SERVICES Maintenance of existing City of Denton water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be continued to be maintained immediately on the effective date of the annexation The majority of the area to be annexed is provided water by either a private water well or the Argyle Water Supply Corporation, and a private wastewater system The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area Maintenance of Water and Wastewater Facilities The city's Water Master Plan includes a 20-inch water main along US Highway 377 The proposed annexation areas can and most likely will be served by tapping into this 20-inch line The Master Plan also includes a 12-inch water line along Country Club Road and Hickory Creek Road The impact of annexation and development of the subject tract can be accommodated by the US Highway 377 Water Line The City of Denton will be the retail provider of water utility service for all future developments in the area since they will be annexed into the City limits and lie within Denton's CCN for water utility service No additional equipment will be needed for water to serve the annexation area The Wastewater Distribution System Master Plan shows the Roark Branch Sewer Line that will tie into the existing Hickory Creek Interceptor (See Attachment "3") The only existing City of Denton utility line that lies within the proposed annexation area is the Hickory Creek Interceptor sewer line The impact of annexation and development of the subject tract can be accommodated by the programmed Graveyard Branch Interceptor that will be installed in the southern portion of the annexation tract, and the Hickory Creek Interceptor The City of Denton will be the retail provider of wastewater utility service for all future developments in the area since they will be annexed into the City limits and lie within Denton's CCN for wastewater utility service No additional equipment will be needed for wastewater to serve the annexation area C DRAINAGE SERVICES Drainage maintenance will be provided on the effective date of the annexation The City shall provide a level of services, infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area 15 Drainage Services 1 Annexation of this area includes subdivisions that maybe poorly drained Some areas could be substandard and susceptible to flooding Major channel or storm drain systems may be required Correction of these problems will require expenditure of City funds 2 Provision of drainage services is currently funded by water and wastewater ratepayers As development occurs, and sewer or water service is extended to these areas, funding will become available to provide drainage maintenance 3 Easements may be necessary to provide adequate drainage 4 This area contains creeks that do not have a detailed flood study The Master Drainage Plan Update will include these properties, if annexed, as part of a detailed flood study 5 Areas currently experiencing moderate to severe erosion may require eventual repair 6 New subdivisions would be subject to the City's Drainage Criteria, subdivision regulations, and interim regulations Areas along Ryan Road and Country Club Road contain properties in the 100-year floodplam Approximately 475 acres lie within the 100-year floodplain In addition, this area contains designated Environmentally Sensitive Areas The majority of the floodplam has a contributing drainage area of greater that one square mile The proposed development code will essentially prohibit any disturbance of the floodplam and environmentally sensitive areas in these areas, allowing limited density transfers Structures, parking lots, fill, excavation, land disturbance, fences, decks, pools, and other aboveground manmade structures will be prohibited in the floodplam D ELECTRIC SERVICES Denton (Municipal Electric is certified by the state and is obligated to provide electric utility service to the entire annexation area should a request be made by a property owner Other electric service providers are also certified to provide electric utility service within the annexation tracts, and customers may elect to choose the electric company they prefer Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city Electric service to properties within the annexation tracts will be able to continue without disruption for any customer currently receiving such service Denton Municipal Electric has existing facilities in the Ryan / Country Club Annexation Area The 138 kV transmission line crosses the annexation area Distribution facilities are on US 377, Ryan Road, Country Club Road, and Hickory Creek Road Denton Municipal Electric plans to build two substations one on US 377 and the other at Teasley Lane and Hickory Creek Road V. OTHER SERVICES Other services that may be provided by the city such as municipal and general administration will be made available on the effective date of the annexation The City shall provide a level of services, 16 infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the city with topography, land use and population density similar to those reasonably contemplated or projected in the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction 1 of additional water, sewer, street and drainage facilities will begin within two and a half (2 '/2) years unless certain services can not be reasonably provided within that period If certain services cannot be reasonably provided, the city will provide those services within 4 and a half (4 '/2) years after the effective date of the annexation Construction will be completed within four and one- half (4 %2) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the city Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service VIII. TERM This service plan shall be valid for a term often (10) years Renewal of the service plan shall beat the discretion of City Council IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) X. EXHIBITS Attachment 1 Annexation Tracts Location Map Attachment 2 Roadway Inventory Attachment 3 Water & Wastewater Facilities 17 9 1 LOCATION MAP ® Ryan Area Tract 1 f a •s e. • 6 ~j . i . 1 1 1 a 1r I ~ 1 f ~ 1 ~ t •m 4' ern ~ ~ y e k(r s ~ / ~ • ~k ~ ~ • AI ~+LLCLV pY~ eye ` 1 } ~ZPI k~ 1 ifxnvJa4 "y ~ n• •e • . , p~ i 00 177" ~u ~ 3 .1`d eel ~a,~ . "r ~ • rr ~ ~ r ~ ri i4~~ Sys' ,.°.e~.~ ♦ T i~p s ~"S. t dfl ~'J F r 1i ~'v ~ '~5 cr r r t d • ~ r ~ • ,1 r n 1 ~ • 1 • 1 ~ • 1000 0 Feet „ 1/ 0, rA • ATTACHMENT 1 ISO LOCATION MAP Ryan Area Tract 2 ' Sr e s 1 , n _ 'ter , e 7 log,, O I 0 e N S A ® . 01l I S O 0 ®i s ~ ~ r .rk r ' rv ark. ~1r s' n' .;k rv,.~ ar.t ar , ' s y3 vx7 3 r fix +y,s}rx ;>,,F~x~ Ary 54p~; r° ~Y~, `tor YA,"6r 9x' n.4 Y. A'S" 4 ; k^ k iw,n wX R m ry' q ATTACHMENT 1 a$ li9 V as R F a A h l h h ] ~ I 8 s a sill 11 1 ATTACHMENT 2 Ryan Road / Country Club Road Annexation Area Affected Streets T O m Affected Streets Existing Streets \ / Planned Thoroughfares N Planned Collectors Gty Limits Annexation Area ATTACHMENT 2 Legend Developments Burch Tract IMElER PV'RPRQIECf s-:3"n LJSWWWRm ®Ryan Tract ® The Hills of Argy £ , I ° ® The Vintage EVBf~IQIEMBC1~EaIPRVhQId. ® Weatherford Tra bW 4 , Annexation Areas -w 377 & 35 sky Ryan & 1830 r Priority EYEM cIP PRQIg ,~E~4ryUr CwmryaulRaE Vnw'n~ ,ar `gfli5rR~ Proposed Line E ~C IIPPPRRW6 ` ~V ~5tt ft~^ q~ v~ REVERV6 MGR4T 6WMGP PRQIEL? c' ~ / VM near. M N tuEm..ymw.an~. x s~;y / 1 1 ~l~ M1i~ Y ~Ic } its is kNt I'eYnP{ alt 0 05 1 Md WATER ANNEXATION AREAS - ATTACHMENT 3 Legend i Developments h ® Burch Tract j~ ' r ® Ryan Tract The Hills of Argyle ® The Vintage ® Weatherford Tract „r;xw Annexation Areas 0 377 & 35 t,, < Ryan & 1830 q., t t Priority Proposed Line RWY UEPROECf RBR,a ONmbn ~ 2rv'ui ~ I t °T. a' v 15;y'e/~/{RprkBnm~ N a i r> 3'. or 4 Ay`l PYEMCIPPROJSf G."d B. Bma,Pry Se K f~~ r d 0 05 1 Miles SEWER )N AREAS - SERVICE PLAN Exhibit I 31. ATTACHMENT 3 AGENDA INFORMATION SHEET ~l~;uu~. Da:c o7 - AGENDA DATE: November 28, 2000 DEPARTMENT: Planning Department CM/DCMIACM David Hill, 349-8314 SUBJECT - SP-00-14 (Sirius Enterprises) Consider approval of the Sinus Enterprises Addition Project Plan The 19247 acre property is located on the north side of Mingo Road between Loop 288 and Fish Trap Road on Sinus Drive Light industrial development is proposed BACKGROUND Existing condition of property ➢ The subject property is located in a Light Industrial (LI)(c)84 Tlus condition requires a buffer yard along the northern and western boundaries including understory trees and tree canopy Elevations, excluding window and door openings, that face Mingo Road shall be comprised of a mimmum of 75% brick or stone materials, are also required Staff interprets this to mean the lot fronting on Mingo ➢ The Denton Plan identifies this area as an "Employment Center" The proposed development is a machine shop that produces metal and plastic parts for use by other manufactures The proposed uses are compatible with The Denton Plan PRIOR ACTION/REVIEW The following is a chronology of SP-00-14, commonly known as Sinus Enterprises Application Date -October 19, 2000 DRC Date(s) - October 26, 2000 ESTIM&TED PROJECT SCHEDULE The preliminary and final plats have been approved previously at the Planning and Zoning Commission Building permits can be issued after approval of the project plan FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district It will require no short-term public improvements that are the responsibility of the city 1 RECOMMIZNDATION The Sinus Enterprises Project Plan meets the minimum requirements of Ordinance No 2000- 069, as amended by Ordinance No 2000-179 Staff recommends approval with the following condition 1) Any proposed off-site grading shall be commenced only after a letter of permission, from the affected property owner, is submitted to the City of Denton OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Project Plan 2 Location Map 3 Resolution Respectfully submitted 1 Dougla S Powell, AICP Director of Planning and Development Prepared by ( b Mike Grace Planner I 2 H \JDJRPROJ\1999\208\208-1\208-1-SP-1-OF-2-REVISED DWG Fri Nov 17 10 43 07 2000 JM Engineers 6 Consultar ATTACHMENT 1 _ t I }y 92 L9C ~ / ~ 9y3 r - Hill ~ -♦1 f♦~~•.{,/i^y- 1 ~ 1R EYg w +f t 1~, T's~1 ~ EL w e 55 s ° .,a ~--rte f{ ~ CKp9 / 5. E A Rt r r t P t ( ` ~ aia HItlON a ! a F:g ~ ~ ~ E NORTN G ' G ~ §e VI-i yy++ tp F~ iy; Q F p a t E1 III ~ E~• ~ I ; R ~ S j fz ~ ~ rIX gv;. q~ v~e I ~ F 8I p B( g F tl as a~l~ §~a a a f b ; ~ m a$ ~ /R S ~ - ~i6l ~"a2a P 66 a g tl p S f, + r~~11 PflOP03E0 $IRIUS ENTERPRISES FACILITY J DJ ~pSgg i CONSU.iANf& NF C ]$p¢E LOT 0 ELOCR A p € ~a f E 9 1 R T 9 1 ( OLS ENTERRROEE ADWK { €~l + pa(EEpg lup 0.AYFA G➢GF9gW N ¢ , C'EN~fONRTECA9 3 • • a m,,,.., v.. „ T. roar ( tt u 1 H. a,m ,u maseno H \JDJRPROJ\1999\208\208-1\208-1-SP-2-OF-2 DWG Fri Nov 17 15 12 53 2000 JDJR Engineers 6 Consultants Inc .IY Y'a C~^'vk ~I~ i t~"1`~~N i, P rq~ f`~"~. _ 4~ P PP PiP PPI i _ NPY PY ~ ^_r~ ~ r. , w 0-~7p l J i D - e -T s ~l v- ,r,. Y \ t o 2-,..,, s• 'r'=ti~.~-,'t't ~r~2~ - N71- 1 r may. t r, . p ~ waon 1 1 Na+rN e i r E b ~ n f iss JOS pa : ° 3 f j a ~ ~ a.~ 9s+4}14 U~ ~ w"~ i 1+4419 ,f~ ,.IfS(9g 4 r e e14 :e PN.k~ E sI f;~ E4~ a s°~ p .u; SSE T g4 $i Sn ~'r s'~ e a 4,.v 3 1 d i E ¢ e S 3v ° 'E °e~ . gp ~Eit;,yy P g'Ts=,p, a IA" p s ~A3d p = 5y'8 a) El'J 9 P " MO. PflOJCCT PROPOSED SIRIUS ENTERPRISES FACILITY ) DJ R ENSNEERS 1 CONUTANTII, NC SM EENNTERPRISES ADORNIN Cj 47 ' Ef#FiJ LW NuEra o ONTEXAS ~i = ` "a "TI,II 4 I y I 1 I ~ Y a. N ri I y rI Ie I I I his , g' a d r a I~ 0 5 v B t21~. e I, I I ...e I I y y I^M I I ~g v F F -i _ - 1~4 Irn _ i?sc-__ r 1O~ "O y r I 1 ~ ` - \4 n n va y~ 4xi *7 41 SIRIUS ENTERPRISES INC 5 - P-~L Aa C _ _ _ _ _ _ _ _ _ _ _ _ • f v I r ~ i ~'o - - ai ~ ' Ala Biel ~t ijftl( a;'i' ai~~a~alBapliia ~J;pi 6. ATTACHMENT 2 NORTH SP-00-014 (Sirius Enterprises Project Plan) 500 Ft. Notification IF SITE W 0 N 96 0 j M`NG LOCATION MAP Agenda Date, November 28, 2000 7 Scale None C%MyE umwuvrodesuMnw, rlMPA 14 (Sinus EnlwpdwgSSP W4140.wolwion(9dw Enurymw) dw ATTACHMENT 3 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR SIRIUS ENTERPRISES FACILITY, BEING AN APPROXIMATE 19247 ACRE SITE LOCATED ON THE NORTH SIDE OF MINGO ROAD BETWEEN LOOP 288 AND FISH TRAP ROAD ON SIRIUS DRIVE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-014, SIRIUS ENTERPRISES FACILITY) WHEREAS, on March 2, 2000 the City Council adopted Ordinance No 2000-069 which established certain nonresidential interim regulations (the "Nonresidential Interim Regulations"), and WHEREAS, the Nonresidential Interim Regulations established, among other things, a project plan requirement, and WHEREAS, the owner of an approximate 19247 acre tract of land zoned Light Industrial (LI)(c)84 and described as Lot 3, Block A of the Sinus Enterprises Addition has made an application for approval of a project plan under the Nonresidential Interim Regulations, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference (the "Project Plan"), and WHEREAS, the City Council finds that the Project Plan, with the conditions imposed herein, if any, meets the requirements of the Nonresidential Interim Regulations, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Project Plan which is attached hereto and made a part hereof by reference, is hereby approved SECTION 2 This resolution shall become effective immediately from and after its 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 8. EXHIBIT A H \JOJRPROJ\1999\208\208-1\208-1-SP-1-OF-c-nLY1JCU unu fl, INUv 17 10 43 07 2000 JOJA Engineers 6 Consultar E Ail E ~ as P A.A"t tdN i- / Y i St "t y w r r b \ b SIT t dy A CCS5yCyC +x - ^ F a N NTdaBd ~ - ~ f to Y rJ'11 - a . w„y,g P~ kk Y 101p{Y t~ V ,x i~ f ~N / V s p~ ~ y 6a6~4 ~ Ir~ ~ s ~ LL ~ a~ 6~ it All 9z p A f,, .,c. Ey R~ I aj~ S F /t y~ ' ~ 4 ~ ~ 9 n ~ u44 4~v ~fF''4 erY/Y f 4~ L~J V ad Aq =f 1 ay , Aa r r a r f r 8 NIbON i 9 'n! r c d.@ ~ E NORM 91 L0 I oa' I I E ~E ~I~ o i ~ 9~~10U a Y ~ ~ Q ~ Hp 9~ ~pdt 3p pS Q~9 6~ d ~ ~~e `q, ~p~ e~ ~ ~k d Mx°1 PROPOSED SIFIUS EN7ERPfl15ES FACILITY C FJDJ R ENDPEERS COMSMTANTS NC Lol aMTO 84OCKA 9~'; SAW T A. RIBEB ADgrgN { '1S t RIHW Gd CE" LO DENONREXAS >wo r+¢m rwt freer an @Yti du arrlnum f H \JDJRPROJ\1999\208\208-1\208-1-SP-2-OF-2 DWG Fri Nov 17 15 12 53 2000 JOJR Engineers 6 Consultants Ins N pF€ Tai/.. ~'Y / 1 \ ~6e'9''s yNNl^ ~ rl ' N _ Voss I 1 1 r - ,y .l 1~~ 7 1 ~ 1 6 J 41 1 sy'94 16.I 6PJ _ - Y t i-.w~ 'r ~l® ~ i`/ t jdflw AP' ! 7- ~ t ,C P NLtlON 6 NCR1N I e a p ~ N N E G-O p-Olp-u o $ e} s ° s6 ES $ 1" a s4 9~ T f k! s nC~azba'znc 1 ! '4 ~ 6a7 E 6~6~ ~ , I ~ s,E~ t4 I 'i; AEF~ Inc Y6.m.3 k p ,ti ~3j;i~e ~~et 3°e a II l4$l~7s I $ I a F - s Pxa[cr PROPOSED 81flIUS ENTERPRISES FACILITY g J DJ R FN!QS E CONUTAN&xc T 3. BL N E E E } ENIE EIITERPRIEES A00RION i { $ ° EMiEpt1 WO RNNRf GD OF~EO BFUS ONE y 9 , } 'ENTOK TEXAS aY s ' mluupn ba hq rw Rq •y N at I n IRtliLA16M lu Mi13YN B ' i_ _ o. , ~q I J _ a 1 i N o O a 'Ic rn ,l i4 ➢ < IT _ 1 F- I ~ ~ rl I ;3 1 u ~ b I 1 1 I I I B 9 I ~ F l~ T x~. n ~ 4 n \ S 1 (1 r I 1-1 Y 1 I ~ ^ ! v ia, P ~ E IT J' E 1 Y 1 SIRIUS ENTERPRISES INC rj A 1 1 ~ m - -=F-- as o IN a i a; - X AT x I a I Jill j a; p~~e,~t~~ 00- 650 AGENDA INFORMATION SHEET Ueiu 1L~8-~~~ AGENDA DATE: November 28, 2000 DEPARTMENT: Planning Department CM/DCM/ACM: David Hill, 349-8314 SUBJECT - A-100 (Forester Tract) Consider adopting an ordinance to annex an approximately 37 8 acre tract of land located southeast of the comer of Teasley Lane and Hickory Creek Road in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date Second reading of ordinance (A-100) BACKGROUND The applicant has requested that the property be annexed The property is currently undeveloped and is completely surrounded by property within the City's limits The developer's stated purpose of the annexation is to create a Planned Development with commercial, office and residential uses, in addition to a school site The zoning at the time of annexation will be Agricultural (A) The developer has submitted a zoning plan under separate petition The development, as proposed, would also require the approval of a comprehensive plan amendment The Teasley Lane Traffic Study has indicated a need for retail services in this general area in order to reduce travel demand caused by trips to existing retail at I-35E and Lillian Miller or in Corinth The development as proposed will require public improvements The following is a preliminary list of those improvements which may be triggered by the platting process 1 Right-of-way dedication along Teasley FM 2181 2 Right-of-way dedication for future extension of Hickory Creek 3 Participation in a future traffic signal at Teasley and Hickory Creek 4 Construction of internal streets 5 Construction of sidewalks along all public streets 6 Extension of public utilities to service the development 7 Possible upsizmg of existing public utilities 8 Installation of fire hydrants 9 Dedication of public utility easements Any residential development of the property would be subject to the land dedication portion of the Park Dedication Ordinance (Ord 98-039) Although an application for platting has not been submitted, if platted prior to annexation the proposed development would be exempt from the park development fees of the Park Dedication Ordinance, because it is located in the ETJ If it were within the City, park development fees ($187 per residential lot and/or unit) would be collected when building permits were issued In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ETJ when significant developments are proposed " 1. STAFF RACOMMENDATION The Denton Plan anticipates this property to be within a Neighborhood Centers area Since this property is outside the city limits, annexation is the logical step to ensure development consistent with The Denton Plan This annexation would consolidate the city's jurisdiction by eliminating a "hole" in the City's land area and provide the City of Denton the authority to regulate land use based upon zoning classification Therefore, staff recommends that the aforementioned property be annexed into the City of Denton PRIOR ACTION/REVIEW (Council, Boards, Commissions) September 5, 2000 City Council institutes annexation proceedings September 26, 2000 City Council holds first public hearing on proposed annexation September 27, 2000 Planning and Zoning Commission holds a public hearing on the proposed annexation and recommends approval (7-0) October 3, 2000 City Council holds second public hearing on proposed annexation October 24, 2000 First reading of annexation ordinance City Council votes to institute annexation proceedings October 27, 2000 Annexation ordinance published in Denton Record-Chronicle FISCAL INFORMATION None at this time OPTION 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Location Map 2 Zoning Map 3 Utility Map 4 Denton Mobility Map 5 Annexation Schedule 6 Service Plan 7 Departmental Service Analyses 8 Petition for Annexation 9 Draft Ordinance Respectfully submitted Dougla S Powell, AICP Director of Planning and Development Prepared by 29,a G homas B Gray Planner I 2 ATTACHMENT 1 NORTH VI 00 (Forester Tract) w 6 - t SITE r~ LOCATION MAP Agenda Date: October 24, 2000 Scale- None 3. ATTACHMENT 2 NORTH A-100 (Forester Tract) A ° e -7 )L 1 A PD I A° I D I 1 Al fd SITE 1 _ ~d~rd I - SF-7(c) e 1 s, I- Is, ,a ~ .c+ x z~ z n4~ ~a INS A ZONING MAP Agenda Date- October 24, 2000 Scale. None 4. ATTACHMENT 3 X-100 (Forester Tract) NORTH i L m r o IOTP= i r SITE I ar" s r 1 y, t ,~<ixE r# .Y UTILITIES MAP • Hydrants - - Water Line (W L ) • • - Sewer Line (S. L ) Agenda Date: October 24, 2000 Scale: None s. ATTACHMENT 4 A-100 (Forester Tract) NORTH Jr Wk! JVo~,~kxr -N 1 r . SITE 9 d FsiF DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterials Collectors Agenda Date: October 24, 2000 Scale- None 6. ATTACHMENT 5 A-100 ANNEXATION SCHEDULE July 6, 2000 Staff receives annexation petition September 5, 2000 City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for public hearings regarding the proposed annexation ❑ Preliminary Annexation Assessment prepared ❑ Annexation Schedule prepared September 15, 2000 Notice published in Denton Record-Chronicle for first public hearing ❑ Annexation Study prepared and available for public review ❑ Service Plan prepared and available for public review September 16, 2000 Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing September 26, 2000 City Council conducts first public hearing • Public notice must be no less than 10 days and no more than 20 days before public hearing September 22, 2000 Notice published in Denton Record-Chronicle for second City Council public hearing September 27, 2000 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning • Public notice must be no less than 10 days before public hearing October 3, 2000 City Council conducts second public hearing • Public notice must be no less than 10 days and no more than 20 days before public hearing October 24, 2000 City Council by a four-fifths vote institutes annexation proceedings Special Called Session First reading of annexation ordinance • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing October 27, 2000 Publication of annexation ordinance in Denton Record-Chronicle • Send text to paper by October 18 to ensure inclusion November 8, 200Ofr City Cou0pil by a four-fifths vote takes final action Second reading and, adOpklon of the annexation ordinance • Cottrf $,ection most be more than 30 days after publication of ordlr ~ e and less than 90 days after council Institutes arms Jon proceedings 1. ATTACHMENT 6 ANNEXATION SERVICE PLAN CASE NUMBER A-100 (Forester Tract) AREA approximately 37.8 acres LOCATION Southeast of intersection of Teasley Lane (FM 2181) and Hickory Creek Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule A. Police Protection 1 Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment B. Fire Protection 1 Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment D. WaterAtiVastewater Facilities 1 Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment e F. Parks and Recreation Facilities 1 Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area A•100 Swace PlanAa 8. ANNEXATION SERVICE PLAN (A-110) Forester Tract G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment 1. Code Enforcement, Budding Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for CIP improvements in the upcoming CIP plan This property will be considered according to the established guidelines A•100Aonesarton Sen Ire Plan ATTACHMENT 17 SERVICE ANALYSIS A-100 ENGINEERING AND TRANSPORTATION 1. What roads, bridges and other transportation facilities will be impacted by this proposed annexation and development In terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost FM 2499 Construction & Right of way Dedication $485.000 00 Teasley Lene Right of Way Dedication/Capacity Improvements $76,000 Hickory Creek Road Construction & Right of Way Dedication $950 000 00 2 Are any of these improvements presently scheduled to be done at state or federal expense? Yes If yes, please identify facility and anticipated date improvements will begin The City of Denton Is currently working with TXDOT and is offering to participate In the Widening of Teasley Lane Thls project has an estimated time frame of 6 to 8 years TxDOT Is also performing the Environmental Study for the construction of FM 2499 City part/clpabon has been proposed for that project as well That Project has an 8 to 10 year t(me frame 3. Will additional equipment and facilities be needed as a specific result of this annexation and development? _No_ If yes, what type of equipment or facility? N/A 4. Please comment on the cumulative impact of annexation and development At what population level would additional equipment be required? In order to maintain the current level of service, an additional employee would be needed for each 1700 residents Is there an accepted equipment to population ratio that can be used for planning purposes? NIA Is there an accepted employee to population ratio that can be used for planning purposes? The current ratio of Employees in the Englneenng & Transportation Departmen( to population Is 1 to 1700 We do not anticipate the need to add additional staff due to annexatlon of the property based on the Proposed zoning The proposed zoning would allow retail, office and school uses In addition. only a small amount of additional public street Is proposed Additional Comments. Construction of 113 of hickory Creek road. In addition to % of the right of - a_y dedication would be regulred of the developer for the development of this tract The developer would also be regulred to dedicate right of way for FM 2499 and an additlona110 feet of ig t of way, on Teasley Lane Based on a Traffic Impact Analysis the developer maybe required to provide capacity Improvements on Teasley Lane Person to contact if there are questions, David Salmon, PE, City Engineer 9/21/00 Transportation Analysis.doc 10. Service Analysis A-100 F ME 1. Fire and Emergency Medical Services can be provided to the area from Station Six, located at 3232 Teasley lane. 2 Estimated response time 4-5minutes 3. Appropriate response time in the city. 4 minutes This annexation would not adversely effect Fire Department operations Chief Jones 349-8115 11. TE ST ATE SERVICE PLAN 1 What is the nearest City of Denton water line? The nearest City of Denton water line (shown in Exlubit 1) is located along Teasley Lane The size of the existing water line is 8-mch The existing line is located on the west side of Teasley Lane and extends south past the proposed annexation area 2 What is the nearest City of Denton sewer line9 There are no existing City of Denton sanitary sewer lines that could serve the proposed annexation area However, a 15-inch gravity samtan sewer line is scheduled to begin construction in October 2000 This proposed sanitary sewer line will provide service for various developments along Teasley Lane Corridor including the proposed annexation area This alignment (shown in Exhibit 1) Nvill be located on the east side of Teasley Lane flowing in a southerly direction This sanitary sewer line would be available for service by February 2001 3 According to the City of Denton master plan what type of Imes and facilities would be required for this area and when are those lines and facilities proposed for construction Water Distribution System Master Plan: The Water Distribution System Master Plan shows no future water Imes N%ithin the proposed annexation area However, the proposed annexation area can be served by tapping into the existing 8-inch water main 12. ri Wastewater Master Plan The Wastwater Distribution System Master Plan shoes no future sanitary sewer Ines within the proposed annexation area However, the proposed 15-mch sanitary sewer line will have the capacity to accommodate the proposed annexation area 4 Are there any City of Denton Imes included in the proposed annexation? There are no utility lines located within the proposed annexation area However, an 8- inch water, line is in the existing Right-of-way and a proposed 15-inch sewer line will be locate&%vithm the existing Right-of-way of FM 2181 (Teasley Lane) adjacent to the proposed annexation area 5 Please comment on cumulative impact of annexation and development The unpact of annexation and development of the subject tract can be accommodated by the 8-inch water line located along Teasley Lane and the proposed 15-mch sanitary sewer Imei located along the frontage of the proposed annexation area No additional equipment will be needed for water or wastewater to serve the annexation area If you have any questions, please contact the person below P.S Arom, P E Engineering Administrator 9/19/00 Person to contact if there are questions 13. DRAINAGE SERVICE PLAN 1 Currently one-half of the drainage flows toward Teasley Lane and the other half drains, to the east into a small natural stream, which flows to the south 2 Research Into City's records indicates that no drainage Improvements, Including storm sewer or channels, exist on the property Therefore, maintenance of drainage facilities will be minimal. 3 Due to its location in the watershed, detention of storm water will be required for the portion of the property that drains to Teasley Lane at the time the tract develops - - 4. Development of a new subdivision would be subject to the City's Drainage Criteria, subdivision regulations, and Interim regulations 14. SERVICE ANALYSIS Southeast of Teasley and Hickory Creek Intersection °ARKS AND RECREATION 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks property to the proposed annexation area are Cross Timbers Park,9.33 miles, Briercliff Park, 9.73 miles, Wind River Park,2.96 miles, and South Lakes Park, 2 75 miles. Current residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan indicates a need for a Community Park in the general area of the proposed annexation. Service Standards. Neighborhood Parks. 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size (by developer) cost per acre Community Parks 3.0 acres per 9,000 population 30 acres minimum How much additional funding will be needed for maintenance If additional park facilities are developed to serve this area? $172,700.00 Service Standard- Based on $3,454 (developed) cost per acre. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? Two Service Stpndards. 0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service) $38,000 per year cost per additional personnel Additional Comments: If the school district constructs a new school In the area of the annexation, the City Parks and Recreation Department will attempt to coordinate placement of park facilities adjacent to school property. Bob Tickner Sliperintendent of Park Planning and Development Person to contact if there are questions Date. 9-11-00 Parks Iwyil+.Ea 1S SERVICE ANALYSIS L B F2Y A-100 t 1. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? _ vPr 2. If not, how many additional employees and what type of facilities and materials will be needed to provide services? 3 Estimated additional funding needed strictly based on proposed annexation and development 4. Please comment on the cumulative Impact of annexation and development At what population level would another library facility be required? _ 71.500 Is there an accepted circulation to population ratio that can be used for planning purposes? 6.4 per capita Is there an accepted employee to population ratio that can be used for planning purposes? Staff: one full-time a ivalent FTE er 2000 o ulaj,on Professional librarians: comprise one-third of sta + Additional Comments, l Person to cont ct if there are questions Date A-100 Service Analysis 16. SERVICE ANALYSIS A,100 SOLID WASTE 1 Is residential solid waste service available to the proposed area for annexation? vp_5 2 Is commercial solid waste service available to the proposed area for annexation? vLs 3 What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance GJ~ ary a/r lr 2 P „oa~ou2e.C Seruk-J q mac, «iyN-t are-fl, Personnel 4 What is the typical revenue collected per Household Commercial Business Dz p Gds o„l ~~.cv 5 Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment /1/0 Cost of Equipment ZVA 6 Will additional employees be needed to serve this area If annexed or developed? Type of Employees /Vo Number of Employees N/A 7 Please comment on the cumulative impact of annexation and development At what population level would additional equipment be required? 7>..,,-r Is there an accepted equipment to population ratio that can be used for planning purposes? fl4- 12,epe r t} .,(o.,s 6 cJQ ~iI(( 6t czlfgzT ac~a~l~l7a✓~a/ rouf c - IA Is there an accepted employee to population ratio that can be used for planning purposes? _pu, It &r,,- Additional Comments- ~rcb2~ 6 Zj/ `j'/27 BQ Perso to co tact if there re questions Date A-100 Service Analysis 17. Denton I.S.D. SERVICE ANALYSIS 3 Service Area Analysis A-100 (Southeast of Intersection of Teasley and Hickory Creek) 1. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? Element - DISD is currently negotiating a contract on 18 ± acres for a future elementary school site. DISD anticipates that the school will be opened in 2006. Middle- Students may be served with existing facilities and personnel l~E h - Students may be served with existing facilities and personnel 2. If not, hoi► many additional employees and what type of facilities and materials will be needed to provide services? Elementary chool Staffing 75 Facilities & Materials • Public Improvements S 491,000 • Private Improvements S 599.000 • Maximum Estimated Total S 1,090,000 • Proposed Property Purchase Price S 557,100 • School Construction Cost S11,000,000 3. Estimated additional funding needed strictly based on proposed annexation and development. N/A 4. Will projected school taxes from this development provide that additional funding? Commercial Development west of proposed school site would provide additional tax revenues Amount will be based on type and scope of commercial development 5. Please comment on the cumulative impact of annexation and development. This proposed annexation and development is located in the southern portion of Denton I S D Estimated Impact within Attendance Zone: N/A 6. At what population level would school, facilities b e required for the City of Denton? New facilities are designed to accommodate the following' Elementary 650 Student Functional Capacity Middle- 1,000 Student Functional Capacity High - 2,000 Student Functional Capacity 7. Is there an acceptable employee to population ratio that can be used for planning purposes? Elementary - 22 Students per Teacher Middle- 28 Students per Teacher High- 28 Students per Teacher 18. JVIUV tRt Au J♦ rn% n.u v .v. _ ATTACHMENT 8 EgTTLOW POR ANNBXATTON TO THE PLANNING AND ZONINO COW4I88IOU AND CITY CbUNCIL or THE CITY OP DENTON, TEXAS The undersigned doss hereby petition for annexation of 37.817 acres located at S.RC- of F_M_ 7181 R H, 1;e in the extraterritorial furiadietton of the City of Denton, Texas. The property ie more particularly described in the attached survey description and shown on the attached Map. The undersigned also certifies that the following required information concerning the land and its inhabitants to reasonably accurate and assumea responsibility for completion of said information prior to scheduled action on the request by the City of Denton. 1. Is petition being initiated by owner(s) or m+.4ority of registered voters Jr. area of request? Yea x No If no, what is the status or the applicant? _ 2. How many dwelling units are located within the area requested for anrexation? rrrn 3. How many businesses or nonresidential land uses are located within the area of the request? _nmg Please provide a general description of these land uses Including the name(e) of businesses, if known A. Does area of requeat include any territory within the city limits or extra- territorial 3urie4iction of another city? Yes No Y 5. Satimated population, of the area of request. _rrm Adults - DMe Children _ rasa Number of registered voters? nrm 6 At the tlam of this petition, bave any other annexation procedures bees initiated for all or any part of the area requested in this petition? Yea No ~c It yea, please explain the procedures begun and their status. 7. Does a water supply district lie within the boundaries of the area proposed for annexation? Yes x r No 8. What zoning, it any, other than agricultural (A), is being requested under separate petition? P n. c mF5rdFil aryl pp. IMWAMHal How catch of territory proposed for annexation to included in stoning petition? All. 19. petition for Annexati page Two , tba FAY in t)~ Chty of De~trn g. Knot is the purpose of annexation? i - 10. pla"*& land use (it zoning it being 'requested): proposed Unit Category & Total Per Aore And/Or Proposed MrMM *aunt* Yootnee a. Single family detached b. Single family attached (townhouses, clusters ate.) 0. Attached patio/garden/zero lot line d. Duplex o. Multi-family f. Ottice 8• Neighborhood service h. General Retail - light industrial it, Heavy industrial Proposed use(s) it specific use permit or Dtanned development (PD) bate 16.5 aams, tEI requested. P• accrm 5 1 spas. 7he)slsbe is in fubie TW-- I', Mckmy cr 2499 R.O.W. 11. Have petittoner(a) familtarised them,selvee with the official annexation policy, land use policies, and theostand~ municipal service plan of the City of Denton? Yes_ Telephone Nsx of Owner(s) i Date SLgnature(s) Ya Address(ee) if petitioner is not She owner of the property: Statue ~A petitioner Telephone (ZL ~mr-•~-- H&=ma ( Signature(s) Date Addrees(ee) m. - V Pield Notes and L.oostion Map for area proposed for annexation must be subpitted along with completed petition before process begtnt. 086tj 20. ATTACHMENT 9 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 37 8 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTHEAST OF THE CORNER OF TEASLEY LANE AND HICKORY CREEK ROAD IN THE B MERCHANT SURVEY, ABSTRACT NO 800, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-100) WHEREAS, Mark Weatherford, on behalf of Herschel Forester, has petitioned for the annexation of 37 8 acres of land described herein, and WHEREAS, on September 27, 2000, the Planning and Zoning Commission recommended approval of the petition for annexation, and WHEREAS, public hearings were held in the Council Chambers on September 26, 2000, and October 3, 2000, (both days being on or after the 40`h day but before the 20`h day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearmg upon this annexation, and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on October 24, 2000, and WHEREAS, tlus ordinance has been published in full one time m the official newspaper of the City of Denton on October 27, 2000, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, and WHEREAS, the City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SECTION 2 The service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance SECTION 3 Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively p, 21. r annexed to the City If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance SECTION 4 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 U~C ATTORNEY BY Pa 22. EXHIBIT A 11 DESCRIPTION 4 ACRES )TES to all that certoin lot, tract or ;orce of land ;HENCE North e9 Degrees 40 N,nutes 01 Seconds East si'r rwd In the Berry Merchant Survey, Acslroct 1800, Denton the Noth lint thereof a distance of :4763) feet to a 1 ocF tty, Texas and beng a re-survey of all of a ccfed 37,817 iron rod found n the West fine of a ailed 59 24: acre lre, Tract described in the deal to 4erschtl Y Forester, described :n the deed to Pulle dome' of Ti xos, I P. re orc_; tee, recorded in Volume 695, Pcge 621, Seed Recoras, n Volume 1134, Pare 94 of tho Deed Reco,ds of said ,ou^1i ton County, Texos, the subject tract oeiny more for the Northeast corner of sat 1 37 73 acre, tract culorly described as follows. KKK Sath 31 Degrees 57 Minutes 00 S, cond' East witr NNING at a 1/2 nth ran roo'ound n',e Ecst lire of : the Ea-it line Iherecf and with the West line of said Pu'a under apparent ^,ubl.c ,rse oosted as FM Roac 21elfor tract, a distance of 650 53 fee' to a 1/2-inch upped v,- Southwest corner of ne tract aeing Cesr;bec nere, sorre rod set for the Soi,lheasl corner of ,aid 3 817, some I:-P3 g the Northwest corner of a coiled 3708 acre root of the Notheast comtr of soid 3''08 a.-re tract, described in the aeec a onn : Volley, at x, scorcea olume 588, Pcge '09 3ee4 9eccrds, Denton Canl7, Texas, -HENCE Scull) 89 [agree-, 34 blinutes 07 Second West wii, the South line of slid 3i 817 acre tract ord the North hn> f ACE North Ot Degrees 21 Minutes 10 Seccrds hest Nith sold 37,08 tract a distance of 2483 03 lee to tie P" C' East line of said •ooo a cistance of 65464 feet to '/2 BEGINNING and enciosing 3714 acres of lard morn or I ss capped iron rod set 'o• the Northwest corner of scid 317 acre tract, 23. C EXHIBIT B ANNEXATION` SERVICE PLAN CASE NUMBER A-100 (Forester Tract) AREA approximately 37.8 acres LOCATION Southeast of intersection of Teasley Lane (FM 2181) and Hickory Creek Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule A Police Protection 1 Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment B. Fire Protection 1 Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment C Solid Waste Collection 1 Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment D Water/Wastewater Facilities 1 Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment E. Roads and Streets 1 Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment F Parks and Recreation Facilities 1 Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment However, there are no existing parks, playgrounds, swunming pools, and other recreational facilities in the area d 100 AWAsce Plnn dn' 24. ANNEXATION SERVICE PLAN (A,.100) II Forester Tract G. Electric Facilities 1 Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment H. Library Services 1 Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment 1. Code Enforcement, Building Inspections and Consumer Health Services 1 Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment J. Planning and Development Services 1 Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment The Planning and Development Department currently provides services this property by way of adm;mstration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations K Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for CIP improvements in the upcoming CIP plan This property will be considered according to the established guidelines A 100 danexnrlon sen le• Plan 25. L - - - - t Aprntta alt _ _0 O 'Igsuu6 +surr:. L)Jtu ~~hS-/~~~ AGENDA INFORMATION SHEET AGENDA DATE November 28, 2000 DEPARTMENT Electric Utility ACM- Howard Martin, 349-8232 SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC FOR SERVICES PERTAINING TO LOBBYING ACTIVITY AND LEGISLATIVE MATTERS RELATED TO DENTON MUNICIPAL UTILITIES FOR THE TERM OF THE 77T' TEXAS LEGISLATURE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROUND: There are many areas of importance to our utilities that are influenced by the Texas Legislature We have found, from our experience during the last three legislative sessions, that our ability to operate successfully can easily be harmed by legislative action unless we monitor its activity carefully and remain prepared to actively intervene to protect our interests Therefore DME recommends that the Law Office of Jim Boyle be placed on retainer to provide legislative representation during the 2001 session of the Texas Legislature Mr Boyle has represented the Denton Municipal Electric during the last two Legislative Sessions His representation has been very effective in that area He worked day and night during the development of SB7 to add provisions to the bill designed to assist Denton with its TMPA stranded cost He accomplished things on DME's behalf that many people said could not be done His work resulted in the following favorable provisions being added to the bill • Single certification for DME within the February 1, 1999 city limits • The legislative reporting requirement regarding efforts to extmgwsh the TMPA debt • The ability to levehze the TMPA TCOS • The ability to finance TMPA's stranded cost through the Texas Public Finance Authority He also managed to get a provision in the telecommunications bill that allows DME to lease its dark fiber to non-governmental entities He monitored legislation in other areas and warned other Denton utilities and General Government about developments on other pieces of legislation what might have an effect on their operations 1 1 Mr Boyle provides an unusual form of legislative representation Most individuals offering this service simply take legislation and back-up data prepared by their clients and use their connections to present it to the appropriate legislators Mr Boyle drafts legislation, does legal research in support of positions, and prepares background material as well as providing entree to the appropriate legislators He is familiar with the specifics of highly technical areas such as the electric industry, telecommunications, and water supply law He is also very good at finding other entities who have similar interests and forming coalitions to get things done His fees for these expanded services are lower than most individuals in this business A normal fee for the type of services covered by the proposed contract would be closer to $_,000 per month while the Legislature is in session During the 2001 Legislative Session, Mr Boyle is expected to concentrate his efforts on electric utility issues such as • Protection of the benefits won for DME and TMPA during the 1999 Legislative Session • Preventing other players in the electric market from implementing changes that would harm DME • Participation in the sunset review process of the Railroad Commission as it relates to the regulation of natural gas regulation To the extent he has tune available after performing these duties, he will also provide assistance as requested on water issues The cost for any water related work will be paid by the water utilities OPTIONS: 1 Approve the contract as proposed 2 Do not approve any form of legislative representation for the electric utility during the 2001 Texas Legislative Session RECOMMENDATIONS. DME feels strongly that we must actively participate in the 2001 Legislative Session, protect the advances that were made on DME's behalf in 1999 from attack, and remain ready to take advantage of any opportunity that may surface to improve DME's position Experience has shown us that organizations such as TML, and TPPA, are not effective in representing DME's specific needs These organizations have memberships with a variety of interests In many cases, these interests conflict, which leaves the organization unable to function as a strong advocate for any specific position In some cases, the majority of an organization's members take a position that is contrary to Denton's needs It is also difficult for some of these organizations to make the rapid decisions necessary during negotiations due to their need to develop consensus among their membership On the other hand, a few large members, whose interests may differ form those of Denton, dominate some organizations 2 2 Attempting to use City staff to coordinate such an effort would not be effective The electric utility area is very specialized and requires a representative that understands its issues It is also necessary to be actively discussing issues with staff members and key players on a daily basis to learn about behind the scenes maneuvering in time to influence it On a more practical basis, this type of work takes a large amount of time Utilization of someone located in Austin, supplemented by carefully planned visits from City staff and our elected officials, is the most efficient way to accomplish our goals ESTIMATED SCHEDULE OF PROJECT- January 2001 through May 2001 FISCAL INFORMATION- The fee for Mr Boyle's services is $7,000 per month plus a 15% expense allowance for a total cost of $41,000 Respectfully submitted 4/tt-t A Sharon Mays Director of Electric Utilities 3 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE, PLLC FOR SERVICES PERTAINING TO LOBBYING ACTIVITY AND LEGISLATIVE MATTERS RELATED TO DENTON MUNICIPAL UTILITIES FOR THE TERM OF THE 77' TEXAS LEGISLATURE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it necessary and appropriate and in the public interest to continue to engage the Law Offices of Jun Boyle, PLLC ("Boyle"), of Austin, Texas, to provide professional legal services pertaining to lobbying activity and legislative matters and issues relating to Denton Municipal Utilities for the term of the 77`h Texas Legislature, and WHEREAS, the City has previously retained the professional legal services of Boyle on several occasions Most recently, the City has engaged Boyle by an agreement for professional legal services heretofore approved by the City, which will expire on December 31, 2000 respecting legal services, interim legislative matters, and lobbying services that pertain to Denton Municipal Electric, covering the final one year of the interim period following the completion of the 76`h Texas Legislature, from January 1, 2000 through December 31, 2000, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the heremabove described professional services by Denton Municipal Utilities during the term of the 77`h Texas Legislature, and that limited City staff cannot adequately perform the specialized services and tasks, which are for the most part centered in Austin, Texas, with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and the City Council hereby finds and concludes that Boyle is appropriately qualified under the provisions of the law to be retained as outside legal counsel for the City, specifically Denton Municipal Utilities, respecting this engagement, and WHEREAS, the City Council has provided in the city budget for the appropriation of funds to be used for the procurement of the foregoing professional legal services, as set forth in the Agreement for Professional Legal Services, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute an Agreement for Professional Legal Services with the Law Offices of Jim Boyle, PLLC, of Austin, Texas for professional legal services pertaining to lobbying activity and legislative matters related to 4 Denton Municipal Utilities for the term of the 77th Texas Legislature as specified heremabove, in substantially the form of the Agreement for Professional Legal Services attached hereto and incorporated herewith by reference SECTION 2 That the award of this Agreement is on the basis of the demonstrated competence and qualifications of the Law Offices of Jim Boyle, PLLC, and the ability of the Law Offices of Jim Boyle, PLLC, to perform the professional legal services needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as provided for in the attached Agreement for Professional Legal Services is hereby authorized SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the day of 12000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY B Y S \Our Document9\Ord1nances\00\Lm Boyle 77th Texas Legts PSA DMU ord doc 5 2 STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT FOR PROFESSIONAL LEGAL SERVICES THIS AGREEMENT, made and entered into this day of 2000, by and between the Law Offices of Jim Boyle, PLLC, with Jim Boyle having full authority to execute this Agreement, 1005 Congress, Suite 550, Austin, Texas 78701, hereinafter referred to as the "Consultant", and the City of Denton, Texas, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as the "City " WITNESSETH WHEREAS, the City has determined that it needs to retain legal counsel to represent its interests in connection with certain legislative and legal matters relating to the City of Denton Municipal Utilities, including without limitation, legislation related to the Public Utility Regulatory Act ("PURR") and the Gas Utility Regulatory Act ("GURA"), and WHEREAS, because of anticipated and expected exigencies pertaining to the upcoming 77`h Texas Legislature involving Denton Municipal Utilities, the City has requested Consultant to continue his representation of the City in accordance with the areas of emphasis and focus that are generally identified and are set forth in Exhibit "A", the "Scope of Services" attached hereto, and WHEREAS, the City desires to retain and engage Consultant to render the services provided for in this Agreement, and Consultant is willing to perform such services for the City in a professional manner, as an independent contractor, and NOW, THEREFORE, in consideration of the promises and mutual obligations set forth herein, and for good and valuable consideration, the City and Consultant do hereby mutually AGREE as follows I Scope of Services Consultant shall perform the following services in a professional manner working as an independent contractor, not under the direct supervision and control of the City A Services to be provided 1 Consultant will provide, without limitation, all those services set forth in Exhibit "A," incorporated by reference herewith and made a part of this Agreement for all purposes, and Consultant shall attend legislative hearings, contact key legislators and legislative staff, and perform other related lobbying activities as are reasonably required by the City 1 6 2 To consult with the Mayor, the City Manager, the Assistant City Manager for Utilities, the Director of Electric Utilities, the City Attorney, and any other designated City administrative personnel, regarding any and all aspects of the special services to be performed, including legal research and advice with respect to such matters This will include coordinating with the Assistant City Manager for Utilities, the Director of Electric Utilities, the City Attorney, and their staff to efficiently perform the services required and communicate the City's legislative program or issues to other interested parties or legislators only to the extent necessary to advance the City's legislative agenda 3 To provide regular status reports to the City and interim reports by telephone and facsimile on tune-sensitive matters B Consultant shall perform all the services required by this Agreement in a timely fashion, and shall complete them in compliance with any schedules established by the City through its Assistant City Manager for Utilities, as appropriate to cant' out the terms and provisions of this Agreement II Tern The professional services of Consultant as provided by this Agreement shall commence on January 1, 2001 and shall continue until the expiration of the term of this Agreement on May 31, 2001 This Agreement may be sooner terminated by either party in accordance with the provisions hereof Time is of the essence for this Agreement, and Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedules established by the City, as set forth in Paragraph I B above III Compensation and Method of Payment A Consultant shall be paid as a retainer fee the sum of $7,000 per month for each month that this Agreement is in force and effect Due to the unique and specialized nature of the services provided, the City recognizes and agrees that the payment of a monthly retainer fee, rather than an hourly fee, for Consultant's services in the area of work covered by this Agreement is the usual and customary method of compensation for such professional services In addition, the City shall reimburse Consultant for all out-of-pocket expenses incurred in connection with this agreement at Consultant's cost For in-house photocopies, Consultant shall charge $0 15 per copy For in-house faxes, Consultant shall charge $0 25 per page plus telephone charge City and Consultant agree that the fees and out-of- pocket expenses payable under this Agreement by the City shall not exceed $41,00000 B Consultant shall utilize his best efforts in representing the City's interests, and may, from time-to-tune, as reasonably necessary or appropriate, delegate tasks to be performed within the Scope of Services of this Agreement, by utilizing qualified principals, associates, legal assistants, or sub-consultants Assistance 2 7 provided by Consultant's staff is included in the monthly fee Assistance provided by individuals who do not work for Consultant is not included in the monthly retainer fee and any such fees shall be submitted to the City as a reimbursable out- of-pocket expense incurred To the extent any such expense will exceed $500 00, Consultant will first contact the City's Assistant City Manager for Utilities or the City's Director of Electric Utilities for approval to expend such an amount Consultant shall bill the City through the submission of a monthly invoice and other documentation, including reasonable supporting data or information identifying those out-of-pocket expenses incurred by Consultant and invoiced to the City C Upon completion of services for a month's work performed hereunder, the City shall make payment to Consultant within thirty (30) days of the satisfactory completion of services for the given month's work and receipt of an invoice or statement The parties anticipate invoices or statements for services will be generated on a monthly basis and that said invoices or statements will be sent to the City on or about the 15`h day of each month All invoices and bills issued by Consultant under this Agreement shall be approved by the Director of Electric Utilities and the City Attorney, or his designee D It is understood that Consultant shall work under the coordination and general supervision of the Assistant City Manager for Utilities, the Director of Electric Utilities, or the City Attorney, or his designee E All notices, invoices, and payment shall be made in writing and may be given by personal delivery or by mail Notices, invoices, and payments sent by mail shall be addressed to Herbert L Prouty, City Attorney, 215 East McKinney Street, Denton, Texas 76201, and to Jim Boyle, Esq, Law Offices of Jim Boyle, PLLC, 1005 Congress, Suite 550, Austin, Texas 78701 Consultant shall also send a copy of any notice required or contemplated under this Agreement to the City Manager of the City of Denton, Texas, at 215 East McKinney Street, Denton, Texas 76201 When so addressed, the notice, invoice, and/or payment shall be deemed given upon deposit in the United States Mail, postage prepaid In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual delivery Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable notice is given IV Professional Competency A Consultant agrees that in the performance of these professional services, Consultant shall be responsible to the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals perfomung the same or similar types of work in the State of Texas For the purpose of this Agreement, the key person who will be perfomnng most of the work hereunder shall be Jun Boyle However, nothing herein shall limit 3 8 Consultant from using other qualified and competent members of his firm to perform the services required herein, where no harm or detriment will result to the City's interests B Pleadings, motions, orders, notices, instruments, discovery documents, reports, memoranda, and other legal documents prepared or obtained under the terms of this Agreement are instruments of service and the City shall retain ownership and a property interest therein If this Agreement is terminated at any time for any reason prior to payment to Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to Consultant V Establishment and Maintenance of Records Full and accurate records shall be maintained by Consultant at his place of business with respect to all matters covered by tlus Agreement Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement VI Audits and Inspection At any time during normal business hours and upon reasonable notice to Consultant, there shall be made available to the City all of Consultant's records with respect to all matters covered by this Agreement Consultant shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement VII Accomplishment of Protect Consultant shall commence, carry on, and complete any and all projects provided for under this Agreement with all practicable dispatch, in a sound, economical, and efficient manner, and, in accordance with the provisions hereof and all applicable laws In accomplishing the projects, Consultant shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the City VIII IndenmiN and Independent Contractor Relationship A Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City Nothing herein shall be construed as creating a relationship of employer and employee between the parties The City and Consultant agree to cooperate in the defense of any claims, actions, suits, or proceeding of any kind brought by a third party which may result from or directly or indirectly anse from any negligence and/or errors or omissions on the part of Consultant, or from any breach of Consultant's obligations under this Agreement In the event any litigation or claim is brought under this Agreement in which City is joined as a party, Consultant shall provide suitable counsel to defend the City and Consultant against such claim, provided however, that Consultant shall have the right to proceed with competent counsel of his own choosing Consultant agrees to defend, indemnify and hold harmless the City and all of its officers, attorneys, agents, servants, and employees against any and all such claims to the 4 9 extent of coverage by Consultant's professional liability insurance policy Consultant agrees to pay all expenses, including, but not limited to attorney's fees, and to satisfy any and all judgments which may be incurred or rendered against Consultant's professional liability insurance policy Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, including, without limitation, a cause of action for specific performance or for damages, a loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved B Consultant shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of professional liability insurance, issued by an insurance carver approved to do business in the State of Texas by the State Insurance Board, which carver must be rated by Best Rated Carvers, with a rating of "A-" or higher Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professional act and/or error or omission, in an amount not less than $500,000 00 combined single limit coverage per occurrence In the event of changes to or cancellation of the policy by the insurer, Consultant hereby covenants to immediately advise the City thereof, and in such event, Consultant shall, prior to the effective date of change or cancellation, provide a substitute policy furnishmg the same coverage to the City Consultant shall provide a copy of such policy and the declarations page of the existing policy to the City through its Assistant City Manager for Utilities, simultaneously with the execution of this Agreement IX Termination of Agreement A In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that the City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon fifteen (15) days written notice to Consultant Upon receipt of such notice, Consultant shall cease all work and labor being performed under this Agreement Consultant may terminate this Agreement by giving the City fifteen (15) days written notice that Consultant is no longer in a position to continue representing the City Consultant shall invoice the City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement All reports and other documents, or data, or work related to the project shall become the property of the City upon termination of this Agreement B This Agreement may be terminated in whole or in part, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party Provided, however, that no such termination may be effected, unless the other party is given [1] written notice (delivered by certified mail, return receipt requested) of intent to terminate, and not less than thirty (30) calendar days to cure the failure, and, [2] an opportunity for consultation with the terminating party prior to termination 5 1 0 C Nothing contained herein or elsewhere in this Agreement shall require the City to pay for any work performed by Consultant or by any person performing services under this Agreement at the direction of Consultant, which is unsatisfactory, or which is not submitted in compliance with the terms of this Agreement X Entire Agreement This Agreement represents the entire agreement and understanding between the parties and any negotiations, proposals, or oral agreements are intended to be integrated herein and to be superseded by this written agreement Any modification of, supplement to, or amendment to this Agreement to be effective, shall be in writing and signed by the City and Consultant XI Compliance with Laws Consultant 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 hereafter be amended, including, but not limited to the Texas Disciplinary Rules of Professional Conduct XII GovGrnme Law For the purpose of determining place of agreement and law governing same, this Agreement is entered into in the City and County of Denton, State of Texas, and shall be governed by and construed in accordance with the laws of the State of Texas Venue and jurisdiction of any suit or cause of action ansmg under or in connection with this Agreement shall lie exclusively in a court of competent jurisdiction sitting in Denton County, Texas XIII Discrimination Prohibited In performing the services required hereunder, Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap XIV Personnel A Consultant represents that he has or will secure at Ins own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or have any contractual relations with the City Consultant shall immediately inform the City of any conflict of interest or potential conflict of interest that may anse during the term of this Agreement, in accordance with Consultant's responsibilities under the Texas Disciplinary Rules of Professional Conduct B All services required hereunder will be performed by the Consultant or under his direct supervision All personnel engaged in work hereunder shall be qualified and shall be authorized or permitted under applicable federal, state, or local laws to perform such services XV Assignability Consultant shall not assign any interest in taus Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the City thereto 6 11 XVI Severability All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", "Independent Contractor Relationship", and "Compensation and Method of Payment" hereof, shall be held to be invalid by any competent court, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein XVII Responsibilities for Claims and Liability Approval of work by the City shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of lus work, nor shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by Consultant, his employees, officers, agents and sub-consultants XVIII Modification of Agreement No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and, the parties further agree that the provisions of this paragraph shall not be waived as herein set forth XIX Captions The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement XX Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement by and through, its duly authorized City Manager, and Consultant has executed this Agreement in four original counterparts on this the day of 2000 "CITY" CITY OF DENTON, TEXAS By Michael W Jez, City Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By 7 12 NOV-15-2000 WED 04;42 PM 000000 FAX NO. 512 474 2507 P. 02 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By 'j~jj_,o_ "CONSULTANT' THE LAW OFFICES OF JIM BOYLE, P),LC By iz )3oyle sq ATTEST, By _ B 13 EXHIBIT "A" SCOPE OF SERVICES The Law Offices of Jim Boyle, PLLC (the "Law Firm") shall provide legal and legislative services, advice, and assistance to the City/Denton Municipal Utilities ("DMU") in connection with legislative activities primarily related to the restructuring of the electric utility industry, any potential changes to SB 7, possible participation or involvement in the Sunset review process pertaining to the Texas Railroad Commission as it relates to the regulation of natural gas, as well an any other electric utility legislative issues of importance Then secondarily, the Law Firm shall provide legal and legislative services, advice, and assistance to the City/DMU directing its attention to various water and wastewater utility legislative issues, pertaining to the following areas including regional water supply issues, wastewater re-use issues, legislation pertaining to fresh water supply districts and regional water districts, issues pertaining to the implementation of and/or the amendment of SB 1, and other key issues in that area The professional services to be provided by the Law Firm to the City/DMU shall include the following • Preparing and recommending legislative proposals of benefit to the City of Denton/Denton Municipal Utilities ("DMU") • The development of a Strategic Legislative Plan • Coordinating the interaction of City of Denton officials and legislative leaders • Preparing of issue papers and reports for legislators and staff • Working with Texas Public Power Association ("TPPA") to further City/DMU legislative objectives • Working with Texas Municipal League ("PML") to further City/DMU legislative objectives • Analyzing proposed legislative bills for their potential impact on the City/DMU • Communicating with key legislators and their staffs • Assisting any technical expert(s) in providing demonstrative aids and handouts • Meeting with the Denton City Council and/or the Denton Public Utilities Board in Denton, Texas, from tune-to- time, to provide professional advice and guidance regarding City/DMU legislative plans, strategy, and other related issues S \Our Documents\Contracts\00Vim Boyle 77th Texas Legis PSA DMU doe 9 14 Agenda No _ p~ D ✓~D Agenda Item- Date- AGENDA INFORMATION SHEET AGENDA DATE: November 28, 2000 DEPARTMENT: Parks and Region ACM: Dave Hill SUBJECT: Consider a resolution of the City Council of the City of Denton, Texas, supporting the Dallas 2012 Bid Committee in its efforts to secure the 2012 Olympic Games, and declaring and effective date BAC GROUND: The City of Dallas, in cooperation with other cities and counties, has launched an effort to bring the 2012 Summer Olympic Games to north Texas The city of Denton and specifically the University of North Texas have been cited as a possible location for various sporting events The Chamber of Commerce's Sports Committee has requested that the City Council consider this resolution as a show of Denton's support for this effort Employees of the Parks and Recreation Department have represented the City of Denton on this committee OPTIONS: The Council may approve the resolution as proposed, approve it with amendments or choose not to approve it RECOMMENDATION: Staff recommends approval of the resolution as proposed ESTIMATED SCHEDULE OF PROJECT: Not applicable PRIOR ACTION/REVIEW: Not applicable FISCAL INFORMATION: Approval of the resolution will not result in costs to the City EXHIBITS: 1 Proposed resolution Respectfully submitted Ed Hodney, Director of Parks and Recreation 1 S\OUr ~ocumenuVlewlul10DSMBupWn Olympm Bid 2012 Jw EXHIBIT A RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE DALLAS 2012 BID COMMITTEE IN ITS EFFORTS TO SECURE THE 2012 OLYMPIC GAMES, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Dallas, under the leadership of Mayor Ron Kirk and Tom Luce, chairman for The Dallas 2012 Bid Committee, has undertaken the task of placing a bid to become the United States candidate city for the 2012 Olympic Games, and WHEREAS, Collin, Tarrant, Dallas and Denton Counties must play a powerful and supportive role in securing the opportunity for North Texas to host the 2012 Olympic Games, and WHEREAS, the City of Denton is the home of two state universities with excellent athletic facilities which could be utilized for some of the Olympic events, and WHEREAS, understanding the community spirit and civic pride that will surely follow when it is announced that the City of Denton will be helping host the 2012 Olympic Games, and WHEREAS, knowing the economic impact this effort will make in the City of Denton, and WHEREAS, understanding the need for total and complete City-wide support for a project of this magnitude, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The City Council has pledged its support to this official Resolution in support of The Dallas 2012 Bid Committee in its efforts to meet the requirements for bringing the Olympic Games to the Metroplex SECTION 2 That the City Manager is directed to send a true and correct copy of this Resolution to appropriate officials of the City of Dallas SECTION 3 That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 2000 EULINE BROCK, MAYOR 2 S wue 00uuinnllidlMl460nl dSupNM 01ympm Bid 2012 dw ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 3 Page 2 of 2 4g~tls~l2 ~i, = 00- 050 tI lJdAdG AGENDA INFORMATION SHEET I)ei -f~ LL AGENDA DATE- November 28tH, 2000 DEPARTMENT- Planning & Development Department CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT Consider and take action on a request from the Residential Interim Regulations, Ordinance 2000-046, for an approximate 3 4 acre property located at the southwest corner of Ryan Road and Monticito Drive The property is in a Planned Development (PD-22) zoning district A Detailed Plan for duplex apartments for Good Samaritan Village is proposed (RR-00-019, Good Samaritan) BACKGROUND An application for request for relief from the Residential Interim Regulations has been received (see Attachment 1) Background information regarding the current status of this case is provided in Attachment 2 Ordinance 2000-046, known as the Residential Interim Regulations, was adopted by City Council on February 1st, 2000 This ordinance contains standards with which residential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted Ordinances 2000-046 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council Section F Relief Procedures 1 The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing 2 The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the residential density limitations or other development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land 3 In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following (a) whether granting relief from the residential density limitations or other development standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects, (b) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site, (c) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development, (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood, I (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code, (f) the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project, (g) any fees reasonably paid in connection with the proposed use, (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant 4 The City Council may take the following actions (a) deny the relief request, (b) grant the relief request, or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section 5 Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right OPTIONS Council may either 1 Deny the request for relief, or 2 Grant the request for relief, or 3 Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above) RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application ESTIMATED PROJECT SCHEDULE Review schedules are discussed in the attachments PRIOR ACTION/REVIEW One petition was reviewed on September 26, 2000 1 Longridge Estates - approved One petition was reviewed on August 15, 2000 1 Bellaire North Addition - approved One petition was reviewed on May 2, 2000 1 Doyle Addition - approved Two petitions were reviewed on April 18, 2000 1 Evers Park - approved 2 Summit Oaks Addition, Phase II - approved 2 Five petitions were reviewed on April 4, 2000 1 Lakeview Ranch - approved 2 Audra Oaks - approved 3 Robinson Oaks - denied 4 Belle Bryan Apartments - approved 5 Behnmg Place - approved Two petitions were reviewed on March 7, 2000 6 Shadow Brook Place - approved 7 Beverly Park Estates - approved One petition was reviewed on February 15, 2000 1 Golden Triangle Joint Venture (Z-99-096) - approved FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources ATTACHMENTS 1 Staff report Respectfully submitted I 1l~i c,(.l Dougl s S Powell, AICP Director of Planning and Development 3 ATTACHMENTI WAIVER REQUEST STAFF REPORT Subiect. Good Samaritan Village Case Number RR-00-19 Staff Larry Reichhart BACKGRQUND. Request Relief from the Residential Interim Regulations (Ordinance No 00-046) to proceed with a Detailed Plan for a proposed Duplex devlopment on a 3 4 t acre parcel Location Southwest corner of Ryan Road and Monticito Drive (see Enclosure 1) Zoning PD-22 (see Enclosure 1) Acreage 3 4 acres Platting The property is not platted Comp Plan Consistency The subject site is located in the Existing Neighborhoods / Infill Compatibility district New development in this district should respond to existing development with compatible land uses, patterns and design standards Staff finds the proposed development consistent with the intent of the Comprehensive Plan CONCLUSION. Additional Approvals Without Relief With Relief Zoning Plan ~t 4 Not Required Project Plan I {ilk Not Required Detailed Plan I v(` 11 ai ~i' Preliminary Plati Final Plat Budding Permit Nom =,I ENCLOSURES. 1 Zoning Map 2 Land Use Map 3 Application 1 ENCLOSURE 1 NORTH Good Samaritan Village % -%li login %#p _ _ • q P 1 ~ ~L'~a - _ ~ n b0,4° ~o pip p d Dupln of SF 7(c) ETJ General proposed Duplex's 0 f C I Goad Samaritan Village FD-22 i lilt SF10 A ' A ZONING MAP Scale None 2 ENCLOSURE2 Good Sam ritan Village NORTH b - 'ai0 I III I ' u I ' Vr so • ~I ( General location of E*J proposed Duplex's i l I ly ,e Good Samaritan Village PD-22 100 Year Floodpla n i Neighborhood Center I LAND USE MAP Scale None 3 ENCLOSURE 3 If. 20 1 roh, : 0) 1111 V) 8,;"f 10) f 1-1, ISM INTERIM ORDINANCE RELIEF APPLICATION FORM Date 11 / 14 10 0 APPLICATION FOR RELIEF FROM- Residential Interim Ordinance / Non-Residential Interim Ordinance Pro)ectNampLake Forest Good Samaritan Village Duplex Apartments ProlcctAddkess(Locanon) 3901 Montecito Drive, Denton, Texas Existing Use Retirement Facility Proposed Use Retirement Facility Existing Comprehensive Plan Designation Existing Neighborhoods Infill Compatibility Existing Zomng PD - 22 Proposed Zomng* PD - 22 Gross Acres: 3.4 Acres of 153 Acres SEE ATTACHED RELIEF PROCEDURES APPLICANT INFORMATION The Evangelical Lutheran Applicant Good Samaritan Society Company ( Same) Address 4800 W. 57th Street lei 605-369-321T2_- 05362-3302 City Sioux Falls State SD ZIP 57117 Email GMCMahari@good- sam om The Evangelical Lutheran Property Owner Good Samaritan Society Company (Same) Address 4800 W. 57th Street Te1605-362-3212 Fax 605-362-3302 City Sioux Falls State SD ZIP 57117 Ema"GMCMahan@good- sam c m The Evangelical Lutheran Contact. Julie Marko - Administrator Company Good Samaritan Society Address 3901 Montecito Tel940-891-0856 Fax 940-891-2662 gsscenter812@ Ci Denton State Texas zip 76210 Emai( worldn _a t.n SIGNATURE OF PROPERTY OWNER OR APPLICANT For Departmental Use Only (SIGN AND PRINA1Q)YPE N ) SIGNATURE (Letter of regmred if stgna - is other than property owner) Coe Ntanai,ec Print or Type Name TJ I ~ 1 e. 1V rate Total Fee(s) - Subsc bed and worn before me this y of D20_00 Rece,p[ No F°q~rEMELDA R VERDIN Date Sohmtned Rudd OL MV COMMISSION FXHIRFS AUWjST 22, 20^ i Accepted By Notary Public APPLICATION DEADLINE IS MONDAYS AT 10 00 AM 4. Recelved 11/14/00 0 37AM, 8708634367 > LAKE FOREST GOOD SAM, Page 3 11/14/2000 08 37 8708634367 CONNELLY ABBOTT DUNN PAGE 03 ARCNrIEL•R1R6 • 1iANNINO a tN1EMORS c<~ x A8130 TT aux» a~ EbtONROE T 6 ABBIl rALA jonm B AROitIT6dY'8• AA ~w HLAXEB A tAKELY C DUNN DUNK AIA WHLLAM B MONROE AIA Established 1958 105 N JACKSON EL DORADO AR 71730 870.8894387 a 121 N PINE MAONOLL1v AR 71759 870.184.7008 fax 870 88a•4387 eadmarclLLteeba~ACir4neu net fu 870.2347008 November 14, 2000 Ms marcis Ratoltt1 maLwg" City of Denton Manna% and Development Department City Hall west 22114orth Elm Denton, Tmas 76201 Re Lake Forest Good Samantau Village Duplex Apartments 3901 Montnctto Dnve Denton, Texas A=Wto TlMeot 9841 Dear Ms Ra elff Enclosed you wdl find a completed Interan OrInsace Rehef APPhcanon for this W03eld for oonslderanon by the Denton City Council at their November 28, 2000 tncenng. Because this project does not correspond to the ongwal Planned Development, rho Interim Development Regulations would come into drect. Since the proposed protect vnll be of a substantially lesser density than was approved in the ongtnal P D, do Owner 1s hereby peabolung the Council for rebef S'om the Interim Development Regttbtbons we appreciate the tame you and your staff spent with us yesita lsy to re mew ties project and the tequwA process Plesse do not hasttate to call if you boo any questions. SW=*' CONNELLY ABBOTT DIINN & MONROE ARCHITECTS P.A. Ellalosly C Duml, AIA BCD taw Enclosure 5. Recelved 11/14/00 B 38AM, 8708834367 > LAKE FOREST GOOD SAM, Page 4 11/14/2000 08 37 8708634367 CONNELLY ABBOTT DUNN PAGE 04 i i Any . ppllea only to the Non,Hesldasttlel (Swim 0001141401 AL 0111#1 art eppdi#s to both Resldentlal sad Non•Romi nodal Ins slut Ordlnanees APpNoaagn Requir atita The Applicant nAy pedaaa the City COG for relief from these interim devclopndnt tog ahtieas by tegtuldag 41/11 teiiaf wntiag fA~nl._f :1 #11 t a EnntedAtO~ j~ ibt inn, m,wcd in nn al,, iii, sItb aMew !onto The City Qtanoll shat not salieve the applicant tram those requre1a4411, anlose trig sppheter flat lim4ass aredJble OVWena# from which rho City Ce,unc can reasonably aonehule she, the lmpoddon of t?a rutdentul density 11101tAd001, non residential standards or other cave knee++ 4tos deprives the applicant of A vested property tigbt Or depravu she apphcwt of the « oramledly viable ue0 of 0.9 land The appllasat b sari itiaoid to submit su,Qniaal information addmsatag attc following ctlaesis The applicant will also be map( tutble in tm their mss before City Council In deddtog whether grant relief tc the Appaeeot, the Cary Coanul shall rake tarn abs coauldcmdon dw folicwdngi 4 Whodwx gaaditg ollof from the ros(dannal density Ltmlta4o01, non•reudsnual standards or otter development stondarda eoau deed in Ihs jooedn 44weloproaet ringuladon, in the absence of permanent revisions to the Cny'+ Land Devoloppnont Code that Irgplemant eh ptovidooa of the eomprohaadve plan, jsoeu4iaat the (,iry's beet Samoan in preventing such cfteetr, Q This owma Wty of a preposod residential or aoa msidantLl estt in lytht of land uses allowed an the toning districts on pmputy 4A)"Cet 40 die Pt cud iltet O Abr Jmpact of eyed proposed residential or Ann rendentlal use on tba htreeportstiha and etlterpobiic &elect tysnmi affected by the developZv O The motsms pro sod Sobs tahaa by the, appbcent to prevent nageeve ronpacts of the pt:opoead ate on thisaeaghborhood, O The likelihood tha~ safMant mlitf witi bo providad w 4bt applicant following adoption of the City's Dovolopment Coda, Q The toted arpaadi II Jim made to coanecdon with aha proposed tetidsaael or non resideatlal development an relheeor oa prb• rogulafaons, Isola rig the goad of InstaWag ladr"auemre to servo the plolccr, n Any foes r$Alo y paid in cooncedon rlth the ptopowd use 0 Any 1610 a made by the City corcaerung the project sad teasotubly relied upon to the detriment of the appbcAnt. The City Coanall nay the following actions (a) deny era 1411drsq s5 (b) grin 04 lobo, re sr, nt (c) Brut she -Le, st avbjaa w coatbnoos Consistent with die crimris tea forth to th,. data Im 4evaloproset rogWatio4L Any rdlef graarad by City Codeca shall be the minimum deviation from ordinance mclouOmenu naeasety m ptavant deprivation of A wasmdlproptay rig he bIGNAT'UAS eaddf}IJ that Mesa rogulaoons have boon read and Milers Pood by the applicant u , DATB~„~II'I f W P1tJVT TVP NASJL -l e. _M(LAO bnNd1 Ilb'Am Cn An An b1f11 6 411111TWINV 40 00 Ntf r. . • ~ . , . ; , , ' r ~ ' w r n'. i ' ~ i}s . , r I~ e .i : ` ~ ~ ~ i ~ i ~ . V - ~ _ a , i ~r ~ ~ a; - . 1 a.. , ~ x 1 ~ f l,• _ 1 i~ o.. > ~ r.. 0 . ( .y i , i. , - f .c ~ r ~ n T - . . tl r ~ . •WVJL1, r , P 13 1~ is ' 1~ 19 !s o 2 21 22 Z3 ~ 4 25 26' 27 ~ ~ ~ s 14' . B~ DC 26 B ~CK 4 1.~ 12 : a n la ~ ~ ~ - 1~ 6 5 q 3 4 ~ I/ ~ 2 1 n , _ a ^ ~ ~ w, ~ . X k ~ ~ ~ ~ , , ~ ` ♦ ~ ALAYGRIXN _ E"xislr W/S = 550.2 ` k AREA ~ \ ~ ` ~ \ EXI5tING TREES , ~ , LOT l ~ k LOT 3 ' . ~ ~ ~y , ~ ~ ~ ~L OCK 23 x f~~~ Roa ~ . ` q~`J' , ~ ~ * ~ ~ , , y ~ ~ ~ - pis r~ ~ TR FilTUREPRBSFRVB ATP6CANCRI~K' ZO.IVBDPD-132 - ,,4 0 a'I . ~ - ~ . /R ~ - ~r y. ~ ~ i ~ ~ i 1- i ~ 1M RETAIL r t ~ ZOIVBD,•PD-132 . Zd1VEdrPD-132 , N A ~ T CHORD _ CHORD ~ CURVE DELTA RADIUS LE GTH T NGEN, BEARING ' l -3 °24 `4!' 1400 f0o 83:35' 41.69' N29 "26 `52'E '83.34 ' _ . G 2 C = 14 ° 35'01' 1390. nD 353,::80' 177.8:6' S20 °27,'01' 352:85 , C3 22 !2:33 1460., 00 565: 9~ ' -286., 56:. S24 ;:.15.47. , W 56 : 39 C4 0:°58'55" 1375; DD' 23:57' !1;78' N34 °48'58<'E 23:57' 47 268.53' 142 4 NID:°.39'16, GS °20'28' `325, DD ~ 'E 260:96 32 C6 15 24 ~ 38, 425+ 00 »a . 31 57.:: 5D N05: l8 39 .;W 113.:97 "C7 15°36'20` , 325:°:00'' 88.52' 44:.54`. S!D°11'50' 98:25.:' , C8 35...4 ~ 18,. 2Z5.~Q0 171:77 88, 79 500 -.06..21..:..... 68.99 e4 " 5 DD" 117.05., 58.~~77' N65 °49'29' - 116:81 G9 !2 : 6 2 2a ~ ' C!0 61.°53'57' 175; 00' , !89.06 104:, 94 N89 °36'46' 180. D0 ca~u~~ll~r INE ~ NG DISTANCE L BEA TOTAL `DENSITY/ PROPOSED EXISTING L1 N62°15'26'W Io.00 UNITS ; • ACERAGE L2 34.~! 3 E 3o.a5 INTENSITY. LAND USE LAND USE N .9. 4 L3 N13°oo-5e'w 52.x5' /A e / i N 8 29 ~Acr s N A VACANT/AG ICULTURA~ L4 NlB._ao DD s,29 AMENITY CENTER R h,, L5 Sl7°47;' 6'E 46.17' L6 N59°26'6'E 47.48:' 1 N TOTAL ACREAGE 8.29 Acres MIN . LQT. FRO T YARD ~0 N S DE~YAR M N. I D N/A MIN . REAR. YARD 10 AX. HT . ~STOR S 3 . M . IE ~ MAX~~BUILD NG COVERAGE N/A I ,G MAX . BUILD NG, SQ . FOOTA E 2500 S . F , MAX . FL00 ARE 500 S . F . , I~ A 2 PARKING STAND RD '42 REQ IRED A U  $Na'SUR'V8Y4:. w. OWNMID SYlS[lit~R: aVILeNar,EEas PLAN -SURVEYORS 9001 Bdd9o S W 1001 Fat WOO texas 76112 Meb~6 (817) 4g94373 ,i k Y ~ _ x-,_ . {p r . . t~"I~YN ,+,.i ~.d --a~ d it r. r ~ ~ 5. . i v.., i, i' 61 P • Ma4!"iP ~ 4F.P.R%M~'w[e@mR.'+G^wevrv k~.®+nYSV. . . xm2.na w.ams~G• .2e'.fA~VP. a~.ID%lMfma w.. ~.®®.....~.®®..®._.®.® _m..®...w® w s ~ .n. , r, c ~ ..fi i d. n _ s ~'b v sh z +r. , r ' ~ tr.x~ . .i r." r is I i : i- 1 ' r' yy _ i ~ ~ d -v r , r ~ . it a r, r d . _ ,e . ~ . f.. > ~ ~ fir, - f . r~ a ~ - . . 1 : r. i 4..,,.... ~ , .:r ~ . r . if . ~ ; . " . , o /1, + r 7 r .l' , ~ I „ J . , 1' A „ ~ ~ ~ , I . . ~ : . , , , , 9 1 - n i , ' 2. r Y.Y r 1, r - ~ ~ . 1: ' r ' - -i . , .t:, . _ ~ , .t ~ ri, ~ r. , . ~ ' , y ~ t . " S' 1. I , E ~ ~ - , . , , M1 r . i r. t ' ~ ' ~ , t ` ~ ~ '~~'R4PERIYDESCi~1 DN PTl STATE OF TEXAS 'COUNTY OF DENTON7 BE1NG a 499 acre 1roc10l land slfuoJed in the Gideon Walker S r ' u vey, Abstract No. NorlheasJerly, ,oiong smd crrculor curve to the tell, through a central angle aJ ' ,1330 Cif of Denton Denfom Count Texas bein , n T ' . , a arlro of he Preserve of Pecan. 14.35-01 an aic d►stance o1353.80;feel and havrng a chord that bears Y y 9 P Creek, Lld. 413.512 acre troct,of land os descrrbed rn Deed of Trust and Securif N 20.27'01' E, a `distance of 352.85 feet b d //2' iron rod wrJh o iasfrc ca seJ a1 ~ p P , ' Agreement, recorded !rr Denton Count Clerk's document number 99-RO060706`of the.... `Jhe ornt of an enc ` ` y , , P 9 y+ :Rea! Praporfy Records of Denton County, Texas and being more porlrculorly described ' os follows r N /3.09'31' E o distance of 300.70 feel'Jo o l/2' Ir• n r d i ' - o o w 1h a ploslrc cap set al ' the point of curvature of n circular curve to the ri ht, hovin o-rodius of 146Q.00 9 9 COMMENCING of o ll2 ` iron rod found In Jhe west line of a tract of land f Trocl `i) as ' feel describ d i de + e n ed to Nrdden Volley,Arrpark Association, Inc..,. recorded rn Volume 551, Pa e 415 of Jhe. Deed Records of'Denlon Count , Texas, of the northwest corner of Norlheaslerl plan soi circular cur ' ,9 , , - Y y, g d ve Jo the right, through o central angle o1 Nrdden'Vo1Je Eslales Phase I! n addition Jo T" f ' ' ` ' - y a , ,the own a Shady Shores,;, DenJan 22. !2 33 on arc, dlslonce of _:565.93. ;feel and havrng ,q chord that bears Cqunly, Texas os recorded m Cabrnel D, Shde 377 01 ` the Plat Records of Denlvn Caunly, N 24. J5''47' E,° a dlslonce of 562:39 feet fool/2' trail rod wlJh o loslic ca set, P P Toxas, being on.ongle point !n theea$lline,of said The Preserve at PecomCreek, Ltd.' ' ~ 413.512`~ocre Jroct~ ~ ~ 553,39'04' de i~h _E, po Ir g non-langerrl fo the preceding curve, a dlslonce of 85:01.. ' feel Jo a'J/2' iron rod' with a' 7osflc co sei of the ainl of curvature of o non-` P P P ` THENCEN 02.46'12',E, de actin the northwest corner of Hidden Valle Eslofes 'Phase tan en1 crcular v ' ' . P,; 9 y ~ g r cur e b the left, ;havrng o radws that bears S 54.4135 E, 1375.00 11 along the west. Ilne of sard Nrdden Valley Arrpork Assoclalron, fnc. Tract I and an earl ' feet, line of said 413,512 acre tract, o distance of 711; 65 Peet to a l/2'-iron rod found ` ` Soulhwe slerly, along sold-circular curve fo'1he left, through a cenlrol angle 'of ~ ~ - THENCE N 02.23`'40' E, alon the west line o/said Hidden Va11e Air ark Association inc. 00, 58'55' n arc i ' 9 y P ~ , a ds once n/ 23.57 feel and hov►ng a,chord:thatbears Tract l and on east line ofsald 913.512 acre tract, a distance of 185.20 feel b n t/2' iron S 34.46''58' W a distance of 23, 57 feel fa n l/2' ion rod' with a last' : ca set of 9 r P Ic P . _ rod wdh q plastic cnp set, the point of tongencyr THENC 1 n ' Ede or r the westlrne of sard Nrdden.. Valle Air ark Assoclollon `.Inc: Trocf / 4 ' ' ' - P 9, y, P S 3 .19 3O W, o distance of 30.45 feel fo a 1/2 iron rod with d p/asflc cap set al ' _ nd the o I n ~ , a e st 1 e of snip 4.!3.512 acre tract, 1raVersrn sard 4/3:512 acre ' ' g Iraq, the the oinlof curvature of a crrcu/or'curve fo the eft; .'hovin a radius of 325.00 /eel ` P a, 9 ~ fallowing r, . , a 9 Soalhweslerl --aloe ,sard clrcu/ar curve Jo the left throe h"a cents 1 an !e of , S 72.12 92 W, ' a dlslonce of 52T, 79 feel fo a /2 iron cad wrih a' lashc co set 47.2028. an arc. dr 1 nce l P, P ~ , s a o 68.53 feel and havrng a chord lha/ bears ' 5 !0.39'16` W, ` a d~sfance of'260.96 feet to a l/2' :iron rod wilh,a"plosllc cap set ' ~ S 59.26'15' W, a'distance of 344,19 feel fool/2' iron rod with a ploslrc cap set, of Jhe paint nf'ongency, . , , N 08:16'3fi' E, a dlslonce of 179:41 /eel 10` 0 1/2' iron rod with a loslic ca "set a1 S 13: 'S8' dr 1 - ' - _ , P P , 40 E, a s once of 52.65 feel to a l/2 iron rod, wrlh_a ploslrc cop set a! the ornl of curvature"nf a non-ton enf circular curve the rr h! fiavm a radius ihof The ofnl o c v (e ` ' P 9 g ~ 9 p f ur o ur of a crrculor: curve 1o right, '`havrng a radius of 425.00 feel, ~ , " ' bears N 08 ~ 16 36 ~ E, ' 225.00" feel, Soulheaslerl olon said circular curve to the ri ht 1 rou h cen! al on e . y• 9 9 h g a r gl of Norlhweslerly, along said cktular curve. fa the r! hf, throe h a cenfro! an le of 15:24'38', on arc distance of 114:31 beef and h vin a chard l 01 b ar k, 9 ~ 9 4 9 ti e s 23.14 '49 ` on arc distance of 91.29' feel and havrng a' chard 1ho~ bears. S 05.18'39' p .drslance of 113.97 feet Jo a. !/2' -Iron rod w'fh b laslrc ca set 1 . ~ P P a ~ ~ N 10:06..'00' W, 50. b'7 feet l0 01/2' iron t'od wrJh o~ laslrc co set rn the 1h o nl of n p p e a r tonge cy, soulheoslerlX line o~ Lo12, Bock 22 of l.akeylew Boulevard Right-Of-Way,and Lol 10, Block 5 Lo12 Block 15, Lot 1, .:Block 22 & Lot 2 ,Block 22 The Preserve aJ S`0 .23'40' W o pis nce a 1. /5 feel o a ~ ' _ 2 l p / 28 1 !/2 . ~rron rod with a loslic ca `set . P P ' " Pecan Creek; on addiflan 10 the CN of Denton Denton Caunl Texas os recorded 1'th nl ' ' ' y _ a ear of curvature of o crrcalar curve to Jhe rl hl ' hovin aradlus a/ 325:00 ' , + Y P . 9 ~ 9 y, rn~Cobrnef Slide 366, PRDCT, cord poml alsolyrng'!n a' crrcularcurvel0~fheleft, feel, havrng a radius 1h0fbears N'S6.4$~'00' W, 1400.:00 feel, _ , Soulhweslerl , olan cord circtdar 'curve to the n ht throe a` denlrol on 7e of y 9 9 ~ qh g ' ' 'THENCE Northeasterly, along the soulheoslerl line of said Lo12 Block 22 and alan 15.36,20 an via dlslonce of 88.5 /eel n v y g 2 o d a rn o chord , g Nrpt bears ' said cicculor curve fa the left, throe h o cenJro! an /e of 02~ 02'48 an arc dlslonce of S JD:11'S0' W o dlslonce of 88251eet to f/ ' ' " , . 0 2 iron rod.wrth o plosNc cap se/ of 50.01- ieei and having a chord that bears N 32. /0 `37"' E, a dlslonce of 50.00 feet io o I/2' The arnl of ton enc ' P 9" y+ _ ' 6 iron rod with o iosl►c ca set of 'the POINT OF 6EGINNING of the herein descr"rbed tract P P of land, _ S 18.00'00' a pis o ee 6 e ' W, 1 n of .29 f el to a 1/2 iron rod.wrlh a plgshc cap set al Ihe~` oint of curvafiure of acr'rcularcurve 1o thelefl hovin a radius of'275.OO~feet 9 - r THENCE Norlheaslerl , conJinuin alon the soulheaslerl line "of said Lo12 Block 22 y 9 9 y and olongsord crrculor curve fo 1helefl, Through o.~centralan le Gf;03.24'41', an arc S0ulhwesferl , aloe said circulorcurve~fo`lhe left-~ fhra h a central ~ +Ig 9 y 9 , ~ distance of 8335 feel and hovin ~`a char haf bears N ~ ~ _ ; . . , , g d 29.26 52 E, o drslance of 93.34 an7e bf 35:47 18 an arc,drsfance '0f 171 77 feef and ha in g , , v q a chord that bears ` ' " 'feet to a !/2' iron rod with a loslic ca `set of the northeast corn r of so! l l ~ ` ~ ~ p e d Lo 2, .Bock S OO.06 21 W o distance of 168,.99 `feel !o a /2 P , , 1 iron rod "wlJh o ploslrc cap set , i . 22, ~ ~ ~ of the oral of tan enc ` TNE'NCE N 62:15 28 W de rlin radio/ 10 the recedin curve" alon the norlherl most ' ' ' ~ Po , 9 P 9 ~ , " g Y , S 17.4T JB E, a drslance of 46.17 Teel. fo a !/2 iron rod-with a ploslrc cop set, tine of said Lo12, Block'22, o distance of 10.00 feet to a 1/2' iron rod with o' ploslrc cap ' set~of thenorihwest corner.: of saidLot 2;' 91ock~:22 andlhe norlheasi corner'of the S72:12'42' ~W:adlslanc of-130. a ' a 23 f el fo a 12 iron rod with o laslrc ca set ~ ~ , , ~ p p exrslrn ' loNed terminus of Lakeview Boulevard t 80' R.-0 W, at: this o1nl er Cabinet R ~ ~ of he `oi t ` 9 P P P l . p n of curvature of o crrcularcurve fo the tell, hovin a radius of 525:00 9 . , , , Slide 366, PRDCT`1, same being'lhe point of curvature of a non~tongenl circular curve o feel; , , the ' left, hoving o radius that bears-N 62, 15'28' -W, o distance of 1390.00 feel, ' Soufhweslerl " ion said'circulac curve to the tell t rou h r l , _ , Y, 9 h g_ a cent a ~ THENCE departing he northwest corner of sard Lof 2, Block 22 and the norlhegsl corner on /e of .12.46..27 on arc distance of 171.05 feat and hovin cho t of 9 ~ g a rd h bears ; . , of the existing platted terminus af'sord Lakeview Boulevard, traversing sard 413:512 acre S 65.99'9' W, a dlstonce.of't16.8t; leeilo.o l/2" Iron rod w1lh o' losJlc'c ''set P aP ; tract, the followJn 1 9 at the oinl of Jangency~ - _ ~ . p " S 59;26'16' W a dlslonce of 47.48 leef to 0`1/2''iron rod wi h o loslic C ~ 1 p ap set vt: the oinf of curvature ofa circular curve fo the fi M ovin a`r0dius of'175.00 feel P 9h9 . , ,.A Norlhweslerl an said"'i arc r y, g c rcu a ve to the rr t, throe a central ; 9h ng g o /e of°61.53'57. , an arc drslance al l89'06`feel,orid havln o'chord that bears " ~ ~ ~`N89.36;'46'~W' adislance fIC0.00 f a ee o e G and `containing `283, 099 square fee) 6r 6.499 acres 0f land. , ; , ; r-- , , ~ _ F~ r ~ - ( ~ 1 M . , . , V, ~ . r •.e . 1 i ti r I~ ~ ~ i i , r ~ ~ ~ ~ , l , ~ v ~ . ~ ! 1 ~ " , ^ . r . , i. , 1, 1 ~ ~ ymr , ~ ~ ~ 1 f r . n _ . . . a '`~W~ ..r r 1. f  r , / , .n--..-. ..:..'.au.:u ;'r~ :..;ra ~.w:aa ■ar.a_ ,f;,..:wra ■.r: ~~rr.r~cr.~•::.,wft•:. ..r:,aar.,,, say: ,:r.; +rs.:..na.v ■ f,.hlt •a,~ ki k, w SSE r J '.in h +u ( I a')r N A ~ r• L 1N ENQ • , CM RIL1+183.4 ~ ORS SUtill~lf rr' 600 `1 T BUkb. YYohh eoaaB 761 2 1 , „ r. , r M 1 eiro 8 42849 p , a ; „ „ t r< ' z . f i o 1. r., r a'- r .,::.r r / , r inn r.. - , .1... r , / . .,ta, .%u .".:o,_,..._s. r<r~...,h;. -,...f'j^..,_.....Y ,E.,~. r<,. . ..r:~ .,...,.,.,..w. ..<r. !^~.z: ...=2 a._.. .,.....::r-..~ r '.i,'.a..,,...a> <•r~'t~.:.rr.. , 4 ...,...r`u~ r_.-....r .J. . R ' ~ , -;^~ip, ~''+:z~ ire 1 ~7 r r, ~ Y _ ~ - , " r t, i n - , f wy 4. a ~ ~ ,V ~ ~ - , ',F t i i; ~ p ~ ~ r r.. ~ - r . . 3 ZAl1~: PD-132 r''~~ 15 I 18 i !s 20 1 2 23 2 !4 ~ f, _ \ LOC 6 ~ C 4 C 4* . ~ 8 , n - ~ _ ~ , 0 , \ - : , , ~ ~ (?dICAR6A ~ t ~ ~ ( _ ~ 1 A j ~ ~ RCP' _ 39 . ~ ~ ~ r1. 5 ~ ~ ARF s ~ ~ , ~ LOT ! ~ w, L ~ BLOCK 23 ~ ~ .Pool. ~ ~ ~ ~ ~ ~ ~ ~ ~ k r _..~_,w "'r"~...,,.,,, tip' ~.I~ ~ ~ . 1 IV y ~ b ~ .w_.../ 1. ~ ~ 4 PD-132 , ' 1 ' APENS CF. J _ I 1 ~ ~ ~ ~ ' L T2 ~ ,w ~ ~ `,~M. ~ .1' 1, J- - R h1 ` ~,R \ " ~ ~ .....w_-..-.-'v-~, \ ~ ` ~ ~ . ~ - 3 --V----" ~ . ~ od , ~ r 1/ \ 3 , ~ 3 - HYDROLOGIC C01~'UTATIONS ,r AREA C CA `TIME Q A 2.41 , 0,5 1.20 15 .0 _9.5 11.4 B 4 . 09 _0 , 5 2.05 15.0 9.5 19.4 C ~ I. 9 0.5 0.90 15.0 9.5 8,5 OS-1 :1.38 , 0,5 _ 0.68 15.0 9.5 6.6 os-2 3.00 0.5 1.5 15.0 9,5 14.2. Tfft/'1f1y►flfA lMiwtMnafAw. ~ ~  ~wru~crsu,~cr~s~ux: ; . dWN~R, I DAV[ ChARR ~ R IV1' l U.N.I. 1:4 T i :1"JM 1'+.K. ~4 W [ 1 f ICI K ~ . I ~a rs~ ~m t j i HALL,CML w,KANNIm ^ 81JF~QR3 MM Brkipe 8veet, 3uke i00, Fd" Worth T 76112.: Metro 81 4284378 „ , , _ _ _ . . f , . r . ' ~ ~ : D ,e A r. ,..,T'B --'.r:7kn°w t ^^5 r ;"'S t ?e ~ at r , ,t_ '•a ~ f i ri I ;f C.. - ~ . ~ r.. '-5~ _ G .ifs ' ~ ~'ir a~'~A ^~t=~' ~e, ~t,., . y f . t ff ~ 1'-~.. r.. ~ .,u '=J~ ' ~ _ .3 t. f,+ i',i i,p..,. .'S~i ~'J!b'Sl .r,L ~ ,c . . ,.r - i~ , ~ r . _ v.. t..._.., ._....w : ..t . , s . ....c. I A!' .!A}f}.h. ,r Yi.. i...... -i__h7...cm .rlfyfi~F..A V J ~ 1 + , ..r it t ~i. i.~ g;~w , y r ~ ~ r.: , e ~ r . . , , .i- r.+, , ,ti , . ~ ' 'a „ ~ ~ r. ~ ~ n ~ i ~i, ~ , , ~ . ~ t, , . d . ti;-'~,' , ~ . r ~ , J, . ~ A 4 ~ , - ~ , ' ' , ~i r r ~ r ~ , . ,:y 1. ~ 'i ~ _ , ~ . r - 7. ~ ~ ~ , ~ r , ~ , . , , - _ , ~ is ; i . , eL ocK ~ ~ 1 i , ~ ~ 4 3 . _ , ~ l ~ 1 . .;;a 4. , ~ , i ` , ' _ paoP. e s. 1 , LINE . S, ~ - 1. . ..PROP, 8 ~ ~ , , . , _ .,r _ ; WA TEI? - LINE , L 't E~ N' _ ~ , , r , 6' SID t,. ~ ~ ~ " ~ ~ ~ ! ~ ~ , _ . , Y / ~ ' r r r. w rr , ~ , 1 . 1 + ' , l N ~ ~ . ~ PLA YGROU D vy. Exist. W/S - 50.2 , , k AREA., 1 ; 1 ".-y 1 , 1 ~ ~ • ` ,r+. k . , 1, , , r ~.Q~ r ~ , ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 ~ 1 S, ~ / 1~ , ~ DECK ~ r , , w ~ 5 1 ~ , `r. ` B QG'K 23 5• i ~,i ~ ' . / x ) l t ~ ~ i)~N/~R u , l • - OL: YMPIC ` . ~ .POOL, t ~ r ` P~ ' Q- y a~~~ o~ / r. ~ ~ l W ER SERVICE ~ ~ P ~ ~ 0P ~ y J , ~ ; , ~ , , .J a,. ~Or ~ k P S i ~ ~ ~ ~ G TUR i F S .s, L/ ~ , ~ ~ s ~ sr,~N~ r;~ Ri , r~ ~ ` t~ c~cA r,~N , E, , s i Wq ~ ~R , C IN £ - s 5 i ~ ~ ♦ - ~ ♦ ~ - ` t \ ~q r <k` RETAIL. ZONED. PD-132 • w ' ~ ~R Oq , Q ~~S CFO o .5 ~ , ~ ~ ~ • r Cy , .y .F ~ F ` ~ ~ ~ 6' ~ ~ \ ~ q T ! ~ F~ ~ ~ ~ ~ NF ~ , 8' W, L ~ ~ zo1v~D: PD-132 s ,3 - ~ e ` BLOCK l4 ,~4 7~e PJ!~eserve . ~ CC OL1 ~5 tt . . <; , L ..~.,_.._.y_  ( ` .VT►a~+Hlf~w~J/#v+7;FwM~i~V rv S ~ ~zr,,4~*~11114~~'~~I ~~~~~'4 a7 `S'ic r N THE ERV TRA IOD ~e v h 0 HI r , v a < TZ c L ~j ~ Vi ,77QA~~i f. r . z n,t CREEK ' "CM L ENGI 6LdN /'W" ;4 SUMS M r. 1~} ! t M ~ y~~/yr ~/~~y~0 . r, MrY,~. ~1~. ~b .T. Tff1f lrlXlf~`17t ~crS;W1l1' .aM''1 ri'r% 5 T IMA l lhLT-" aA:r - - 900] 6tree~ 1 IFbft Worth TBOO 78112 d F" 1 r nIVMV a ! f i R +r ! v l , v r •rti y r r. r , I 1 _ _ -m,- . ~ , . ~ ...F ,r.. ~ - ~ r::• , t, - _ . ! . _ , _ ~ r a._ ,~TSP9~F.3,-~ms*ra ^v* .-^;"-rr+5! . y:""?'";, . ~T , '4- •'r'+t^^srM~-' -~^~err.~~,--m~wnvm ~4.. . « r- ~ f i " ' ~ i . ~ V 4 i ~ n ~ i - ~ y iii r . i . . I Kit . i4. : , ° r - ~ ~ , .-Y. r,,. - t, f`. llLk7JLJlil71 L('llr ZOII~: PD~-132 ( I ~ i - t ~ ~ f - M.Q.L. ` ~ f , ~ - - ~ ~ ~ ( , ~ ~ ~ ~ \ E ' ~ ~ -~---~-~_.____W..~ ` ~ w .~.._.a.,. Erisf. W/S = $SD.2 k 1 1 ~ ~ :rl~ s1'NVG` TREE ~ ~ , ~ ~ ~ , ~ J; , ~ , ~ \ ~ ~ ~ x ~ ~ ~ y. ~ , , ~ ~ ~ ~ , f t a- , , ~ ~ `",,fit, Y i~. C~ , i'; ~l ~ ~ } ~ ~r ~ E XIS , ~ {J x, 1 FUT711eEPRP,SBRVE - . ~ A ATP~CANCRGEK ~ r ~ ; ~ `Qrrn space w_, ~ . , B e 1 0 1 ~ i . r . RETAIL , , ZONED: PD-.132 i` ~ ~ 4` ZONED; PD-132 l ~ ~r c a s°t~ a ~~.,4y ~ - ~ i - ~ ~ - / ~ . t 'r' i e ~ t~,~ i t ~p  SRM' _ „~,,.w. z.a ~ :r ...a.;r ,r. ....art, a+ _ r..:e:.., _.,e .e.:_:~ww;.~u.~.~-r_s: v,,:.:.~.~.r:.u_~.'~.~e~r.u.~~a. ~.~, ~~.~rs:r~~r~..;~w.~~r.~r ,a-^~:aa ~ h~ rTf r, S' a> 1\ ATMOW t * a x'- r ' 'CM LvRlIA•rVYM .r SURVEYORS ' 8001 &010Q; RXt Wo lh Tom 78112 f ^ 42943 'Metro 81 r, :Ya I w , r v lei. v - r _  : .s r r 4 ~ f >Y r _ z . _ ~atr t~ ~X~ ~ rh . , ~ i~~~.4w .4~'. r RED, TREES -QUIRED RU R , 'SH S, r • - r 1 , u ,n :A, s~.. r ar " f i' is t .r j; s v ' r 7 f" W' is -r . _ _,,..;f. ar, . Y,JV rr• r. r. a.. ro ,.ter .no. : , l r Fay w mAtr n ~ i:_ ~~tY. ~ ~ U%.~ ~ ~~s!r°'b . r. yr'Pi"..$~ 'tY~:. t nib"J . A.`" _ k _ -7 t~L. ~ r ,a., . S n,~'d_ I~.. S+fi+S'. ~fiC.en. ' - a ~S _T p,, . ti~ t, 6 - y~~  , 4ex. 5. w 1 , ,6. a ..V l ,l 1 v : , - i r . ,.f - r,,. .-,:.,..,k :.~r,.. . J.. .r:, i n , . n. ,r . per: 1, ( e5 b ~ - ,.r,... 'F 1' h % ~~Y4k:`!{E. 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