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HomeMy WebLinkAboutFebruary 06, 2001 Agenda AGENDA ~.genfla ~tem ~ CITY OF DENTONFebm~ 6,CITY2001CO~CIL Date ~/~/~ / A~er detemmmg ~at a quo~ ~s present ~d convemng m ~ Open Meeting, ~e C~ty Co~cd of ~e Ctt3 of Denton, Texas roll convene ~n a Closed Meeting on Tuesday, Febm~ 6, 2001 at 5 00 p m,~ m ~e Cxty of Denton Co.cfi Work Sessxon Room, Denton C~ty Hall, at 215 East McK~e~, Denton, Texas to consider specffic ~tems when ~ese ~tems ~e hsted below ~der the Closed Meeting section of ~s agenda ~en ~tems for consideration ~e not hsted under the Closed M0etmg sectxon of ~e agenda, ~e C~W Co.cfi w~ll not conduct a Closed Meeting at 5 00 p m ,,~d roll convene at ~e t~me hsted below for ~ts regul~ or spemfl called meeUng The Cxty Co~c~l rescues ~e right to adjoin into a Closed Meeting on ~y ~tem on ~ts Open Meeting agenda consistent w~ Chapter 551 of ~e Texas Gove~ent Code, ~ mended, as set fo~ belo~ 1 Closed Meeting A Dehberat~ons Reggdmg Reft Prope~ --- Under TEXAS GOVE~MENT CODE Section 551 072 1 Receive ~nfo~a~on ~om Staff, &scuss, dehberate, consider, pe~mmng to I · e location of, the p~chase ~d p~chase price of, the possible terns of s~e, ~d v~ue ~ssues respecting ~e possible cmulat~ve ~qmsmon of ~acts as follows 0 527 acre pe~ent easement ~d 0 407 tempor~ easement m the W Hudson S~ey, Abstract No 586 (P~cel 9), 0 369 acre pem~ent easement & 0 312 acre tempor~ easement in ~e W Hudson S~ey, Abs~act No 586 (P~cel 10), 0 532 acre pem~ent easement & 0 425 tempor~ easement ~n the W Hudson S~ey, Abs~act No 586 (P~I 11) all m Denton Co~ty, Texas, such ~acts of l~d being ' situated ~ong ~e nogh side of the ~avey~d Brach Tribute, approximately 5,000 feet no~ east of the intersection of U S Highway 377 & Cra~ord Road (~avey~d Brach S~l~y Sewer Project) B I Perso~el Ma~ers - Under TEXAS GOVE~MENT CODE Section 551 074 1 Ev~uat~on of M~clpal Judge 2 Ev~uatlon of C~ A~omey I 3 Evaluation of C~ty M~ager ANY FIN4L ACTION, DECISION, OR VO~ ON A MA~ER DELIBE~TED ~ A CLOSED MEET~G WILL ONLY BE TArN ~ AN OPEN MEET~G THAT IS HELD ~ COMPLIANCE WITH TE~S GOVE~ENT CODE, C~PTER 551, EXCEPT TO THE EXTENT SUCH F~AL ACTION, DECISION, OR VOTE IS ~A~N ~ THE CLOSED MEET~G 1N ACCO~ANCE ~TH THE PROVISIONS OF SECTION 551 086 OF ~ ~S GOVE~NT CODE (THE "PUBLIC PO~R EXCEPTION") THE CITY CO~CIL~SERVES THE ~GHT TO ADJOU~ ~TO A CLOSED MEET~G OR EXECUTIVE SESSION AS AUTH0~ZED BY ~X GOV'T CODE, SECTIONS 551 001, ET SEQ (THE TE~S OPEN MEET~GS ACT) ON &NY I~M ON ITS OPEN MEET~G AGENDA OR TO ~CONVENE ~ A CONT~ATION OF THE CLOSED MEET~G ON THE CLOSED ~ET~G ITEMS NOTED ABOVE, ~ ACCO~ANCE ~TH THE TE~S OPEN MEET~GS ACT, ~CLUD~G, WITHOUT LIMITATION SECTIONS 551 071-5~1 086 OF THE TE~S OPEN MEET~GS ACT Regul~ Meeting of thc Cl~ of Denton C~ty Co~cd on Tuesday, Febm~ 6, 2001 at 6 00 p m in ~e C(,~c]l Chmbers at C~ty Hall, 215 E McK]~ey S~eet, Denton, Texas at which the followm items will be considered C~ty of Denton C~ty Council Agenda February 6, 2001 Page 2 1 Pledge of Allegmnce A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and ~ndlws~ble" 2 Consider approval of the minutes of December 19, 2000, January 2, 2001, January 9, 2001, January 16, 2001, January 23, 2001, and January 24, 2001 PRESENTATION 3 Presentation of North Central Texas Councd of Governments Apprecmt~on Award to Jack Miller CITIZEN REPORTS 4 Jesse Martin regarding mtlzen task force on safety 5 Ross Melton regarding "the Constitution, zomng and re-zoning, and my usual dmtnbe concerning lawyers" 6 Dale Yeatts regarding a proposed asphalt plant 7 Ed Soph regarding a proposed asphalt plant CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof wdl be strictly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty Manager or h~s designee to implement each ~tem m accordance with the Staff recommendations The City Council has received background information and has had an opportumty to raise questions regarding these items prior to consideration Listed below are bxds, purchase orders, contracts, and other items to be approved for payment under the Consent Agenda (Agenda Item 8-28) This hstmg is provided on the Consent Agenda to allow Council Members to discuss or withdraw an ~tem prior to approval of the Consent Agenda If no Items are pulled, Consent Agenda Item 8-28 below will be approved w~th one motion If items are pulled for separate discussion, they will be considered as the first ~tems under "Items for Indtvtdual Consideration" 8 Consader adoption of an ordinance authorizing the Mayor to enter ~nto an Interlocal Cooperatton Agreement wxth Denton County for hbrary servmes, and providing an effective date 9 Consxder adoption of an ordinance approwng a memorandum of understanding between the City of Denton and the Federal Emergency Management Agency Region VI ("FEMA"), to prowde for alternate transportatmn an the event FEMA's permanent facthty xs unavmlable m an emergency, authorizing the expenditure of funds therefore, and prowd~ng an effective date City of Denton City Council Agenda February 6, 2001 Page 3 10 Consider adoption of an ordinance of the Caty of Denton, Texas Authorizing the City Manager to execute a professional services agreement wath Teague, Nail and Perkins, Inc, for englneenng and surveying services pertalmng to the construction of the McCormick channel improvements, authorizing the expenditure of funds therefore, and providing an effective date 11 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Alan Plummer Associates, Inc, for engineering services pertaining to the engineering scope of work for preliminary and detmled design for the Denton Wastewater Utility effluent line, authorizing the expenditure of funds therefore, and providing an effective date 12 Consider adoption of an ordinance authorizing the Mayor to execute an lnterlocal cooperation agreement between the City of Denton and the City of Corinth for the impoundment and dlspotutlon of dogs and cats and the collection of fees pursuant to the provisions of smd agreement, and providing an effective date 13 Consider adoption of an ordinance authorizing the Mayor to execute an lnterlocal cooperation agreement between the City of Denton and the City of Lake Dallas for the impoundment and d~sposltlon of dogs and cats and the collection of fees pursuant to the prowslons of smd agreement, and providing an effective date 14 Consider adoption of an ordinance authorizing the Mayor to execute an lnterlocal cooperation agreement between the City of Denton and the City of Aubrey for the impoundment and d~sposltlon of dogs and cats and the collection of fees pursuant to the provisions of stud agreement, and providing an effective date 15 Consider adoption of an ordinance consenting to the private sale of property located at Johnson Street, Denton County, Texas by the Denton Independent School District as Trustee for the taxing entitles pursuant to Texas Property Code section 34 05 for less than the market value or total amount of judgments against the property, and provadlng an effective date 16 Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for operation and maintenance expenses for the present water supply at Ray Roberts Lake to the F~nance and Accounting Branch, USAED Fort Worth, and providing an effective date (Check Request dated January 2, 2001 in the amount of $48,115 84) 17 Consider adoption of an ordinance accepting competitive bids and awarding a contract for Tenant Based Rental Assistance Program for Emergency Financial Aid, provading for the expenditure of funds therefore, and providing for an effective date (Bad 2619 - Tenant Based Rental Assistance Program, awarded to Fmrhaven Retirement Center, in the amount of $87,218) 18 Consider adoption of an ordinance accepting competitive b~ds and awarding a public works contract for the construction of the Downtown Improvement ProJect, providing for the expenditure of funds therefore, and providing an effective date (Bid 2625 - C~ty of Denton C~ty Council Agenda February 6, 2001 Page 4 Downtown Improvements ProJects awarded to TRI DAL LTD ~n the amount of $695,625 55) 19 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing the expenditure of funds for payments by the C~ty of Denton for Electrical Energy Transm~smon fees to those hsted c~ttes and ut~ht~es prowd~ng energy transmission servmes to the C~ty of Denton, and prowdmg an effective date (PO 12417-TXU Electric Transunsslon D~ws~on, PO 12134-American Elecmc Power Central & Southwest Servme, PO 12135-Rehant Energy HL & P, PO 12136-Lower Colorado Paver Authority, PO 12137-Brazos Electric Power Coop, Inc, PO 12138 Austin Energy ~n the total amount of $458,908 90) 20 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing the C~ty Manager to execute a Professional Servmes Agreement w~th ETTL Engineers & Consultants Inc for Hydrogeologmal Consulting and Analytical Servmes pertmmng to the C~ty of Denton Landfill (MSW Permit No 1590A), authorizing the expenditure of funds therefore, providing for retroactive effect of agreement (PO 12551-ETTL Engineers & Consultants, Inc ~n the amount of $43,202 37) 21 Consider adoptton of an ordinance accepting competitive b~ds and awarding a contract for the purchase of a Trencher w~th Trailer, prowdmg for the expenditure of funds therefore, and providing an effective date (B~d 2609 -Trenchers and Trmlers (B~d Item 1) ~n the amount of $42,953) 22 Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for the purchase of a 45' Material Handhng Dewce, prowd~ng for the expenditure of funds therefore, and providing an effective date (B~d 2611 - 45' Material Handhng Dewce awarded to Dallas Fre~ghthner ~n the amount of $107,936 57) 23 Consider adoption of an orchnance accepting competitive b~ds and awarding a contract for the purchase of a 125 Gallon Rubberized Asphalt Melter Apphcator, prowd~ng for the expenditure of funds therefore, and prowd~ng an effective date (B~d 2618 - 125 Gallon Rubberized Asphalt Melter Apphcator awarded to Crafco Texas, Inc ~n the estimated annual amount of $34,640) 24 Consider adoption of an ordinance accepting competitive b~ds and awarding an annual contract for the pnnt~ng of letterhead, bus~ness cards and envelopes, prow&ng for the expenditure of funds therefore, and prowd~ng an effective date (B~d 2621 - Pnnt~ng of Letterhead, Bus~ness Cards and Envelopes awarded to Nu-Art Prtnt~ng Co Inc, ~n the estimated annual amount of $60,000) 25 Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for the purchase of four single-phase step voltage regulators, prowd~ng for the expenditure of funds therefore, and prowd~ng an effective date (B~d 2623 - Regulator vath Commumcatlon Ready-Controls awarded to Len T Deloney, Inc in the amount of $26,200) City of Denton City Council Agenda February 6, 2001 Page 5 26 Consider adoption of an ordinance of the City of Denton approving a license agreement related to encroachment on easement between the City of Denton and the Texas Municipal Power Agency ("TMPA") relating to the location of a city sewer pipeline within a TMPA electric utility easement located in Denton County, Texas, authorizing the expenditure of funds therefor, and providing an effective date 27 Consider adoptaon of an ordinance of the City of Denton approving an encroachment on easement agreement between the City of Denton and TXU Electric Company, successor to the Texas Power & Light Company ("TXU Electric") relating to the location of a city sanitary sewer line within a TXU electric utility easement described in that certmn easement recorded in Volume 559, Page 540 of the Deed Records of Denton County, Texas located in Denton County, Texas, authorizing the expenditure of funds therefor, and providing an effective date 28 Consider adoption of an ordinance ordenng an election to be held in the City of Denton, Texas, on May 5, 2001, and, if a runoff election is required, on June 2, 2001, for the purpose of electing council members to Places 1, 2, 3 and 4 of the City Council of the City of Denton, Texas, designating voting places and appointing election officials, providing for bilingual notice of the election, ordenng that an electronic voting system be used, making additional provisions for the conduct thereof, providing an open meetings clause, and providing for an effective date PUBLIC HEARINGS 29 Hold a public hearing and consider adoption of an ordinance approving a Zoning Plan, to rezone approximately 3 acres, from an Agricultural (A) zoning district to a Commercial (C) zoning district The subject property is located at the southeast comer of 1-35 E Service Road and Pockrus Page Road Commercial development is proposed The Planning and Zoning Commission recommends approval (5-1) with conditions (ZP-00- 018) ITEMS FOR INDIVIDUAL CONSIDERATION 30 Consider approval of a resolution of the City Council opposing the issuance of a Texas Natural Resource Conservation Commission Air Quality Permit to Martin Marietta Materials of Texas, Inc for an asphalt/concrete plant at property located on Masch Branch Road, authorizing the Mayor to write a letter opposing the granting of an Air Quality Permit for such plant, and declaring an effective date 31 Consider adoption of an ordinance authorizing the City Manager to make application to the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actaons necessary to obtain a grant under the Emergency Shelter Grant Program, and providing for an effective date 32 Consider approval of a resolution approving the Ruehle Office Project Plan The subject property is located between Helm Street and Teasley Lane at 3490 Teasley Lane approximately 1,400 feet south of Bent Oaks Drive A dental office is proposed (SP-O0- City of Denton City Courlcll Agenda February 6, 2001 Page 6 33 Consider adoption of an ordinance authonmng the Mayor to execute an ~nterlocal agreement w~th Denton County for road improvements, prowdlng for the expenditure of funds therefor, and providing an effective date 34 Constder nomlnataons/appomtments to the City's Boards and Commissions 35 New Bus~ness Thru item prowdes a secOon for Council Members to suggest items for future agendas 36 Items from the C~ty Manager A Notfficat~on of upcoming meetings and/or conferences B Clarification of items on the agenda 37 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 38 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above noUce of _meetlng was poste.d on the bulletin board at the C1;ty Hall of the Clty ofD. Oe~n, Texas, on the c~/Zo/ day of ,._~d~dz//?/X.g~- ,2001 at z/;~O o'clock (a m )t(p m )J // CITY gECRETAI~Y - / NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE CITY OF DENTON CITY COUNCIL MINUTES Aoonda No .... December 19, 2000 Agenda Iter~ ?~'Q~, -~- Date~/ After dete~n]ng ~at a quo~ w~ present ~d convening ~n ~ Open Meeting, ~e C]~ Co.cfi of ~e Ci~ of Denton, Tex~ convened in a Closed Meeting on Tuesday, December 19, 2000 at 5 15 p m m ~e C~ty of Denton Co.cfi Work Session Room P~SENT Mayor Brock, Mayor Pro Tam Be~ley, Councd Members B~oughs, CocM~, D~ce, ~stoferson, ~d Yo~g ABSENT None 1 Closed MeeUng A Dehberatlons Reg~dmg Re~ Property --- Under TEXAS GOVE~MENT CODE Section 551 072 1 Received ~nfo~aUon ~om St~f, d~scussed, dehberated, considered, ~d prowded S~ with d~recUon penalmng to ~e locanon of, the p~ch~e price of, ~e possible te~s of sale, ~d valuation ~ssues respecting ~e possible acqmsmon of ~ approximate 2 13 acre tract of real property [consisting of a 2 00 acre tract of l~d ~d a 13 acre, 30 foot w~de ~ngress/egress e~ement] by ~e City of Denton Municipal UUhtles Dep~ment for a pubhc p~ose, which real property ~s s~tuated w~ln the J Severe S~ey, Abs~act No 1164, m Denton Co~ty, Texas, such ~act of l~d abusing the East hne of Fo~ Worth Drive, ~d being located approximately 3,600 feet South of the ~ntersect~on of Hlckou Creek Road ~d Fo~ Wo~ Drive [U S Highway 377] B Dehberatlons Reg~dmg Cern Public Power Utdmes Competmve Ma~ers --- Under TEX GOV'T CODE Section 551 086 ** Consultation W~ A~omey --- Under TEX GOV'T CODE Section 551 071 1 Received co~dentlal competmve elecmc utflny ~nfo~atlon from Staff ~d the C~ty's outside consult~ts, d~scussed, deliberated, considered, prowded Staff with &rect~on, voted ~d took action as necess~ ~d appropriate respecung the identification ~d pnont~t~on of legislative ~ssues ~mpactmg ~e City of Denton's o~ed electric utd~ty, Denton M~lC~pal Elecmc, for the upcoming 77~ Texas Legislature Session, ~d foliation of proposed legislative objectwes, strategies, ~d a leg~slaUve pl~ respecting Denton M~c~pal Electric Conducted a consul~tmn ~ ~e City's attorneys m order to obtain the advice ~d reco~endat~ons of ~e C~ty's a~omeys conce~ng ~e above-referenced issues, where to d~scuss such ~ssues ~d makers ~n a pubhc meeting would conflict w~th the aaomeys' duUes ~d professmn~ respons~bdmes to their chent under the Texas D~sc~phn~ Rules of Professional Conduct C Dehberatlons Reg~dmg Canton Pubhc Power UtlhtleS Competmve Ma~ers --- UMer TEX OOV'T CODE Sectmn 551 086 ** 1 Received competmve elecmc ~d commerc~ lnfo~atlon ~om one of the C~W's Texas M~c~p~ Power Agency ("TMPA") Boad Members ~or C~ty of Denton C~ty Council M~nutes December 19, 2000 Page 2 Ctty Staff pertmmng to certmn matters respecting present and future maintenance ~ssues, financial ~ssues, operational issues, legal and comphance ~ssues, and other related ~ssues and strategies concernmg the C~ty's ~nterest m, and ~ts bus~ness relationship w~th TMPA, and d~scussed, dehberated, considered, and prowded such TMPA Board Member and/or Staff w~th d~rect~on regarding such matters Specml Called Meeting of the C~ty of Denton City Cotmml on Tuesday, December 19, 2000 at 6 00 p m ~n the Council Chambers at C~ty Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Durrance, Knstoferson, and Young ABSENT None 1 Pledge of Allegmnce The Council and members of the audience remted the pledge of allegiance to the U S and Texas flags PROCLAMATIONS/PRESENTATIONS 2 December Yard of the Month Awards Mayor Brock presented the December Yard of the Month Awards to JoAnn & Salty R~schell Elmne McKmght Vmkle Dameral LaVeme Kelley T~m & Am~e Schoendorf Clark & Wendy Bozzell The Radisson Hotel & Eagle Point Golf Club CONSENT AGENDA Cochran motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unanimously 3 Approved a tax refund to Lereta Corp for James R Bean ~n the amount of $554 46 The 1999 property taxes were prod twine 4 NO R2000-062 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE MUTUAL ASSISTANCE BETWEEN THE TEXAS WOMAN'S UNIVERSITY C~ty of D~nton C~ty Council M~nutes December 19, 2000 Page 3 DEPARTMENT OF PUBLIC SAFETY AND CITY OF DENTON POLICE DEPARTMENT, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE 5 NO 2000-443 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JAGOE PUBLIC COMPANY, PROVIDING FOR THE INCREASE 1N THE SCOPE OF WORK, CONTRACT TERM AND AN INCREASE IN THE PAYMENT AMOUNT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (ORDINANCE 2000-054), BID 2455 - LAKEVIEW BOULEVARD AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $798,106 PLUS CHANGE ORDER ONE IN THE NOT TO EXCEED AMOUNT OF $195,350 00 FOR ROAD CONSTRUCTION FOR A PORTION OF WINDSOR DRIVE FOR A TOTAL REVISED CONTRACT AMOUNT OF $993,456 00) 6 NO 2000-444 AN ORDINANCE AWARDING CHANGE ORDER TWO TO A CONTRACT FOR LEASE OF DESKTOP PCS, NOTEBOOKS, SOFTWARE AND PERIPHERALS AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, DEPARTMENT OF INFORMATION RESOURCES (DIR) BETWEEN THE CITY OF DENTON AND DELL FINANCIAL SERVICES PROVIDING FOR AN INCREASE IN QUANTITY OF ITEMS AND INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (FILE 2495 - DELL FINANCIAL SERVICES AWARDED IN THE AMOUNT OF $943,398 AND CHANGE ORDER ONE IN THE AMOUNT OF $19,65668 PLUS CHANGE ORDER TWO IN THE AMOUNT OF $337,710 30) 7 NO 2000-445 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH STATE OF TEXAS GENERAL SERVICES COMMISSION AND AWARDING A CONTRACT FOR THE PURCHASE OF TIRES & TUBES TO GRAY'S WHOLESALE TIRE DISTRIBUTORS, INC, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2607 - GRAY'S WHOLESALE TIRE DIST, INC IN THE ANNUAL ESTIMATED AMOUNT OF $55,000) 8 NO 2000-446 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A SERIES OF CONTRACTS FOR THE PURCHASE OF FLEET VEHICLES, City of Denton C~ty Cotmml M~nutes December 19, 2000 Page 4 AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2578 - FLEET VEHICLES AWARDED TO LOWEST RESPONSIBLE BIDDER EACH ITEM AS LISTED BELOW, TOTAL EXPENDITURE $937,658 20) 9 NO 2000-447 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF HOT MIX ASPHALT CONCRETE, AND APPLICABLE INSTALLATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2580 - HOT MIX ASPHALT CONCRETE IN THE ANNUAL ESTIMATED AMOUNT OF $1,300,000) 10 NO 2000-448 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR STREET MAINTENANCE EQUIPMENT RENTAL FOR THE CITY OF DENTON, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2590 - STREET MAINTENANCE EQUIPMENT RENTAL AWARDED TO DUSTROL, IN THE ESTIMATED AMOUNT OF $475,000) 11 NO 2000-449 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFORMIX SOFTWARE MAINTENANCE COVERAGE FOR THE CITY OF DENTON DATA BASE ENGINE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2594 - INFORMIX MAINTENANCE COVERAGE AWARDED TO INFORMIX SOFTWARE, IN THE AMOUNT OF $33,345 00) 12 NO 2000-450 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF HARRIS COMPUTER SYSTEMS CARE 2000 WEB MODULE INCLUDING WEB MANAGER SOFTWARE AND THE PROVISION FOR TECHNICAL SERVICES, 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 10616A TO HARRIS COMPUTER SYSTEMS IN THE AMOUNT OF $60,000 00) 13 NO 2000-451 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN ANNUAL MAINTENANCE AGREEMENT FOR CITY OF DENTON C~ty of Denton City Council Minutes December119, 2000 Page 5 PHONE SYSTEM INCLUDING MAINTENANCE AND EQUIPMENT 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 11501 TO VERIZON, IN THE AMOUNT OF $40,000 08) 14 NO 2000-452 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE LEASE PURCHASE AND MAINTENANCE OF A XEROX 4850 COLOR PRINTER AND NPS BI-MODE KIT 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 11502 TO XEROX CORPORATION IN THE AMOUNT OF $109,006 20) 15 NO 2000-453 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SOFTWARE AND HARDWARE ASSOCIATED WITH THE NEW TAX SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH THE DEPARTMENT OF INFORMATION RESOURCES (DIR), PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 11507 TO DEPARTMENT OF INFORMATION RESOURCES IN THE AMOUNT OF $27,994 00) 16 NO 2000-454 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT TO SUPPLY A POOL SAFETY COVER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2588 - POOL SAFETY COVER AWARDED TO LESLIE'S SWIMMING POOL SUPPLIES, IN THE AMOUNT OF $17,635 00) 17 NO 2000-455 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRANSIT BUSES, AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2603 - TRANSIT BUSES AWARDED TO THE LOWEST RESPONSIBLE BIDDER NATIONAL BUS SALES & LEASING, INC IN THE AMOUNT OF $280,888 00) 18 NO 2000-456 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SERVICES AND MATERIALS PERTAINING TO THE City of Denton City Council Minutes December 19, 2000 Page 6 INSPECTION, MAINTENANCE AND REPAIR OF DENTON MUNICIPAL GENERATING STATION TURBINE NUMBER 5, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2614 - SERVICES AND MATERIALS FOR THE INflPECTION, MAINTENANCE AND REPAIR OF TURBINE NUMBER 5 AWARDED TO GENERAL ELECTRIC INTERNATIONAL, INC IN THE AMOUNT OF $289,523 75) 19 NO 2000-457 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PURCHASE, LICENSING, PROGRAMMING, IMPLEMENTATION, TRAINING, SERVICE AND SUPPORT OF FIRE AND POLICE SUPPORT SOFTWARE AND HARDWARE, BETWEEN THE CITY OF DENTON, TEXAS AND VISIONAIR, INC, A QUALIFIED INFORMATION SYSTEMS VENDOR ("QISV") OF THE STATE OF TEXAS, TO BE PAID FROM PREVIOUSLY BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION, TWO HUNDRED THIRTY-SEVEN THOUSAND, NINE HUNDRED AND THIRTY-FOUR DOLLARS AND NINETY-FIVE CENTS ($1,237,934 95), AND PROVIDING FOR AN EFFECTIVE DATE ) 20 NO 2000-458 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND UNIQUE INTERNATIONAL, LTD RELATING TO THE PURCHASE OF APPROXIMATE 0010 ACRE OF LAND BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 OF DENTON COUNTY, TEXAS FOR THE U S HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 21 NO 2000-459 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO ACT ON BEHALF OF THE CITY OF DENTON IN EXECUTING THE OWNER'S CERTIFICATE OF A FINAL PLAT OF LOT l, BLOCK A, MEREDITH ADDITION, AND PROVIDING AN EFFECTIVE DATE 22 NO R2000-063 A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SALLY BEAUTY COMPANY, INC, AND DECLARING AN EFFECTIVE DATE City of Denton City Council M~nutes December~ 19, 2000 Page 7 23 NO R2000-064 A RESOLUTION REVISING ADMINISTRATIVE POLICY 408 05 "DEBT SERVICE MANAGEMENT" AND PROVIDING FOR AN EFFECTIVE DATE PUBLIC HEARINGS 24 The Council held a pubhe heanng inviting cmzens to comment on the proposed usage of the 2000 Local Law Enforcement Block Grant Captmn Joame Housewnght stated that the Police Department had received approval of the FY 2000 Local Law Enforcement Block Grant m the amount of $37,775 00 w~th a reqmred local match of $4,197 00 She stated that the Pohce Department intended to use the funding for the purchase of computer workstations for the Records Room to accommodate additional personnel and computers and surveillance and other eqmpment for the Tactmal and Bmycle Umts The Mayor opened the pubhc hearing No one spoke during the public heanng The Mayor closed the pubhc hearing 25 The Council continued a public heanng and considered amending the City of Denton Mobthty Plan-Roadway Component, for State School Road Connector David Hill, Assistant City Manager of Development Services, stated that an amendment to the Mobility Plan - Roadway Component was being considered The continuation of the pubhc heanng was to allow representatives from the State School to comment on the proposed roadway Hill stated the need for a collector street from a connection to Sundown Ranch Subdlwston to State School Road and a northern connection to Wind R~ver Lane through the Umcom Lake Development The following ~nd~wduals spoke dunng the pubhc heanng J~m S~bley, 1921 North Lake Trml, stated he was the Acting Superintendent at Denton State School He expressed concerns for the safety of the clients at the school He stated that if the connector was constructed, they would prefer an ahgnment north of the floodplmn (and the State School pond) further away from their buildings and recreauon area He stated that ff State School Road ~s reconstructed to SlX lane, it would require cutting across the southeast comer of the school's property, and that another new road should not be located close to the campus braidings Ken Ingram, 2144 Savannah Trail, opposed Robert Moses, 1702 Pmehllls Lane, opposed The Mayor closed the public heanng C~ty of D~nton C~ty Councal M~nutes December' 19, 2000 Page 8 Beasley motioned, Knstoferson seconded to table the ~tem and for staff to come up w~th some alternatives On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unanimously ITEMS FOR INDIVIDUAL CONSIDERATION 26 The Council considered adoption of an ordinance of the C~ty of Denton, Texas changing pomons of Cedar, Austin, Pecan, H~ckory, Oak, and Elm Streets to one-way traffic to help ~mprove traffic flow on the downtown square, prowdmg a savings clause, prowdlng a severabthty clause, prowd~ng a penalty not to exceed two hundred dollars, and declanng an effective date Juhe Glover, Mmn Street Manager, stated that th~s came out of the Capital Improvement Plan d~scuss~ons She stated that staff had met w~th the Mmn Street Association three t~mes and that neighborhood meetings had been held three tames Ed Hodney, D~rector of Parks and Recreation, stated that the proposed street patterns were, Pecan - one way eastbound, Austin - one way southbound, Walnut - one way westbound, Cedar - one way northbound He stated there were three basic objecUves to the project One was to make the downtown square and the entire environment them more pedestrian friendly, whmh means safer for pedestrians to walk the streets without risk of mnmng ~nto a vehmle as they are crossing Another object~ve was the ~ssue of safety and efficiency for traffic management for people that are parlang on the streets ~mmedmtely around the square Another object,ye was to improve the appearance of the area Jerry Clark, Assistant D~rector of Streets, Traffic and Drmnage, stated that parking was a major ~ssue and w~th the change from two-way to one-way there would be an additional thirteen parkmg spaces He stated that one of the major ~ssues w~th one-way streets was that they ehmmated conflmt movements One-way streets had less than half of the number of conflict movements that two-way ~ntersectmns had because only two d~rectmns of flow had to be controlled The following ~nd~wduals spoke on the ~ssue B~ll Thomas, 2205 Archer Tratl, m support Robert Moses, 115 W H~ckory, m support B~ll Colhns, 112 W Oak Street, opposed Mrs Danny By~ngton, 2132 Fmrfax, owner of B&O Towing, opposed Mrs Bymgton stated that V~rg~ma McNefll, Larry McBride, and Tommy Caruthers were also opposed Chris Savmo, 208 W Oak, opposed M~chael Wlutten, 218 N Elm, opposed The following Speaker Cards were subuntted Greg Mmrhead, 1820 Panhandle, opposed David Mart~no, 100 N Locust, support Wesley Daws, 1712 Lynhurst Lane, opposed City of Denton City Council Minutes December~ 19, 2000 Page 9 Mayor Brock stated that Ken Wllhs, owner of Ruby's Diner, could not attend the meeting but was in support Council Member Young stated that Ed Green could not attend the meeting but was opposed Burroughs motioned, Knstoferson seconded to table this matter until additional public commentary and response could be obtained from staff and concerns of property owners were addressed On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Brock "aye" Motion carried with a 5-2 vote 27 The Council considered adoption of an ordinance of the City of Denton, Texas amending Chapter 6 relating to animals by replacing Chapter 6, providing a severablhty clause, a savings clause, providing for a penalty not to exceed $500 for violations of this ordinance, and providing for an effective date Captmn Joanle Housewnght stated that the proposed ordinance removed ferrets from the list of prohibited animals and included ferrets in any ordinance that regulated dogs and cats The proposed ordinance prohibited leaving an animal unattended in a public place even if It was restrmned on a leash It included a section on defecation of dogs on pubhc and private property (modeled after the pooper-scooper ordinance) The proposed ordinance expanded the sectton on cruelty to animals where leaving an animal unattended in a vehicle placed the animal at risk It contained a section on multi-pet ownership The proposed ordinance contmned a section requiring all dogs and cats to be sterilized to reduce the population of unwanted animals It revised the section on home quarantine The proposed ordinance revised the dangerous animals section It also eliminated the section regulating migratory bird roosts Captain Housewnght stated that staff recommended adoption of the ordinance w~th the exception of Section 6-13 covenng multi-pet ownership City Attorney Herb Prouty recommended approving the ordinance with an amendment to exclude the permit for multiple pets and the section that prohibits people from having a certain number of pets Knstoferson motioned, Young seconded to adopt the ordinance with an amendment to exclude the permit for multiple pets and the sectton that prohibits people from hawng a certmn number of pets The following individuals spoke on the issue Joella Orr, 1509 Kendolph, support excluding hmlt on number of animals Jim Dotson, 2218 Mercedes, support including limit on number of animals Vanessa Salazar, 4001 Atlas, support including limit on number of animals The following Speaker Cards were submitted Allen And Janet Kingsley, 3311 Kingfisher Lane, support Bob Rohr, 1507 Kmght St, support C~ty of De, iron Ctty Council Minutes Decemberl 9, 2000 Page 10 James Hmeman, 2210 Mercedes, support including hm~t on number of animals Art Longshore, 405 Woodson C~rcle, support The following ordinance was considered NO 2000-460 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 6 RELATING TO ANIMALS BY REPLACING CHAPTER 6, PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unanimously 28 The Council considered adoptton of an ordinance amending Ordinance No 99-920 and Ordinance No 9%308 to prowde a dangerous animal penmt fee and a multtple pet permit fee for pet owners w~th more than four dogs, cats and/or ferrets and mmntmnmg the ex~st~ng fees pursuant to Chapter 6 of the Code of Ordinances of the City of Denton, Texas, prowd~ng that a schedule of fees shall be mmntmned on file ~n the Office of the City secretary, prowd~ng a sawngs clause, prov~dmg a severablhty clause, and provldmg an effective date Captain Joan~e Housewright stated that s~nce the multiple pet section of the previous ordinance had been excluded the fee would not be needed now but the dangerous animal permit fee would be set at $200 00 The following ordinance was considered NO 2000-461 AN ORDINANCE AMENDING ORDINANCE NO 99-290 AND ORDINANCE NO 99-308 TO PROVIDE A DANGEROUS ANIMAL PERMIT FEE AND MAINTAINING THE EXISTING FEES PURSUANT TO CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE Knstoferson motioned, Young seconded to adopt the ordinance with an amendment to exclude Section 6-13 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unanimously 29 The Council considered approval of a resolution rewew~ng and adopting the ~nvestment pohcy for funds for the C~ty of Denton, designating an ~nvestment officer, providing a savings and repealing clause, and prowd~ng an effective date Cay of D~nton Clty CoBncll Minutes December 19, 2000 Page 11 Dmna Ort~z, D~reetor of Faseal Operations, stated that the Investment Pohey had to be approved by the Council at least annually She stated that staff recommended a change to the pohcy, which would add an additional lam~tataon to the portfolio by limitang U S Treasury and Agency callables to 25% of the total investment balance She stated that this llmltataon would ensure the safety, hqmd~ty, marketabflaty, and d~verslficat~on of the portfoho The Investment Committee recommended approval 5-0 The following resolution was eonsadered R2000-065 A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON, DESIGNATING AN INVESTMENT OFFICER, PROVIDING A SAVINGS AND A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE Kristoferson motioned, Beasley seconded to approve the resolutaon On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unanimously 30 The Council considered approval of the F~scal Year 1999-2000 Annual Investment Report in accordance with the Pubhc Funds Investment Act Diana Ortiz, D~rector of F~scal Operataons, presented the annual ~nvestment report The Investment Committee approved the report 5-0 Beasley motaoned, Burroughs seconded approval of the report On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unanimously 31 The Council considered approval of a ProJect Plan for 4 25 acres located on the west side of the 1-35W North Frontage Road, north of A~rport Road An office/warehouse d~strlbutaon center of approxamately 52,800 square feet with associated site amprovements was proposed (SP-00-016, Miller of Denton) Dawd Hill, Assistant City Manager of Development Services, stated that the property was located m a Light Industrial zomng d~strlct The site ~s designated an the Denton Plan as Industrial Center and Developed Areas of Floodplain The proposed project plan meets all the mimmum reqmrements of a project plan S~d Lidkm, 3012 9th Street, Wmhlta Falls, representing Clyde and lhchard Fisher of Miller of Denton, spoke in support The following resolution was constdered NO R2000-067 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A PROJECT PLAN FOR 4 25 ACRES LOCATED ON THE WEST SIDE OF THE City of Denton C~ty Cotmcfl Minutes December~ 19, 2000 Page 12 1-35W NORTH FRONTAGE ROAD NORTH OF AIRPORT ROAD FOR AN OFFICE/WAREHOUSE DISTRIBUTION CENTER, AND PROVIDING FOR AN EFFECTIVE DATE (SPo00-016, MILLER OF DENTON) Burroughs motioned, Beasley seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously 32 The Council considered adoption of an ordinance authorizing the C~ty Manager to approve and execute a professional servmes agreement between the C~ty of Denton and the law firm of B~ckerstaff, Heath, Smfley, Pollan, Kever and McDamel for redistricting servaces, authorizing the expenditure of funds therefore, and prowd~ng an effective date City Attorney Herb Prouty stated that th~s was the professional services agreement for the redistricting plan for Denton The following ordinance was considered NO 2000-462 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND THE LAW FIRM OF BICKERSTAFF, HEATH, SMILEY, POLLAN, KEVER & MCDANIEL, L L P FOR REDISTRICTING SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Young motioned, Knstoferson seconded to adopt the or&nance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 33 The Council considered adoption of an ordinance accepting competitive b~ds and awarding a public works contract for the relocation of North County L~ne Road Bridge, promdlng for the expenditure of funds therefore, and prowdlng an effective date (B~d 2601 - North Lakes Park Pedestrian Bridge awarded to Seneca Contracung ~n the amount of $131,000 00) J~m Coulter, D~rector of Water/Wastewater, stated that the North County L~ne Road Bridge would replace the pedestrian bridge that crossed the channel at Fred Moore Park The following ordinance was considered NO 2000-463 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RELOCATION OF NORTH COUNTY LINE ROAD BRIDGE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2601 Ctty of Denton Ctty Council Minutes December~ 19, 2000 Page 13 - NORTH LAKES PARK PEDESTRIAN BRIDGE AWARDED TO SENECA CONTRACTING IN THE AMOUNT OF $131,000 00) Beasley motioned, Cochran seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously 34 The Council considered C~ty Council appointments to a selection committee to interview Management Assistant candidates Betty Wllhams, D~rector of Management and Pubhc Information, stated that this position was approved to provide support to the Mayor and Ctty Council The committee would be meeting with apphcants on January 5 Mayor Pro Tern Beasley stated that the Mayor should be on the committee Council Member Young stated he would hke to be on the committee but would not be avmlable on January 5 Mayor Pro Tem Beasley volunteered to be on the committee also 35 The Council considered approval of a resolution of the City Council of Denton, Texas, authorizing and approwng the issuance of bonds by the Colorado Health Facilities Authority on behalf of the Evangehcal Lutheran Good Samaritan Society, and providing an effective date Diana Ortlz, Director of Fiscal Operations, stated that the Colorado Health Facility Authority was planning to ~ssue bonds for Evangelical Lutheran Good Samaritan Society's factht~es located m several states Denton Good Samaritan Village and Lake Forest Good Samaritan Village were located in Denton She stated that the City had previously taken similar actions for the Society The following Speaker Card was submitted Juhe Marko, 904 Abbots Lane, support The following resolution was considered NO R2000-066 RESOLUTION APPROVING THE ISSUANCE OF BONDS BY THE COLORADO HEALTH FACILITIES AUTHORITY ON BEHALF OF THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, AND PROVIDING AN EFFECTIVE DATE Knstoferson motioned, Burroughs seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unammously 36 New Bus~ness C~ty of Denton City Council M~nutes December~ 19, 2000 Page 14 Council Member Knstoferson requested that staff seek out standard homeowners assocmt~on ordinances if they ex~st and some of the convenants that m~ght be in those and bring them forward to a work session for discussion Council Member Young asked the City Manager to bring back information on a C~t~zen's Pohce Rewew Board for discussion at a work session The Mayor mentioned the TML Legislative Briefing ~n Austin on February 5 The Mayor mentioned to the Council that she had signed them up for the Keep Denton Beautiful program and an adopt-a-spot Mayor and Councd unanimously volunteered Mayor Pro Tem Beasley to head th~s for the Councd Counml Member Knstoferson asked that a proclamatmn be prepared for the Ryan Rmders to be presented at the January 9 Work Session 37 Miscellaneous Matters from the City Manager C~ty Manager Jez dad not have any ~tems for Council 38 There was no continuation of the Closed Meeting under Secnons 551 071-551 086 of the Texas Open Meetmgs Act 39 There was no offimal action on Closed Meeting Item(s) under Sectmns 551 071-551 086 of the Texas Open Meetings Act Following the completion of the Specml Called Meeting, the Councd convened ~nto a Work Session to consider the following 1 Th~s atem was pulled from consideration 2 This ~tem was pulled from consideration 3 The Council held a dascuss~on and considered approval of Development Plan L~nes assistance for extension of water and sewer hnes for the expansion of bus~ness faclht~es as requested by Yorlum Construction Management, Ltd J~m Coulter, D~rector of Water and Wastewater, stated that through the Infrastructure F~nanmng Resolution businesses could request assistance for the extension of water/sewer hnes to their property Yorlum Construction Management Ltd was seeking assistance for the extension of water/sewer lines to their property located at the ~ntersect~on of Hwy 380 and Masch Branch Road The Public Utdltles Board voted unanimously to approve the assistance for th~s project Young motioned, Knstoferson seconded for approval The Mayor asked that it be brought back to the Council on a regular agenda under lndawdual items for consideration 4 The Council received a report, held a dascuss~on and gave staff darectlon regardang the Cotmml 2001 meeting calendar C~ty of Denton C~ty CoBn¢ll M~nutes December 19, 2000 Page 15 Betty Wflhams, D~rector of Management and Pubhc Information, presented the calendar to the Council She proposed that a couple of the council members work w~th staffto find a t~me for a council planmng session for next year Mayor Pro Tem Beasley volunteered Cotmcfl Member Cochran to be on the committee C~ty Manager Jez suggested that more than one council member should be on the committee for the council planmng session The Mayor asked Council Member Burroughs to be on the committee The Mayor was also volunteered to be on the committee W~th no further business, the meeting was adjourned at 10 15 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 2, 2001 After detenmnmg that a quorum was present and convening in an Open Meeting, the C~ty Council convened m a Closed Meeting on Tuesday, January 2, 2001 at 5 15 p m m the City of Denton Cotmml Work Session Room, Denton City Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, and Durrance ABSENT Couned Members Knstoferson and Young 1 The Council considered the following in Closed Meeting A Consultation with the City Attorney --- Under TEXAS GOVERNMENT CODE Section 551 071 (1) Received legal advise from the City Attorney or his staff concerning legal issues regarding obhgat~ons and potential modfficat~ons of, and threatened litigation over, an Annexation Agreement between the City and Violet Properties Assocmtes (successor being Wynne/Jackson) ~n August of 1999, pertmmng to the construction of the Highway 377 Water Transmission Line and the Graveyard Branch Intemeptor Sewer Line Regular Meeting of the City of Denton City Council on Tuesday, January 2, 2001 at 6 00 p m in the Council Chambers at City Hall, 215 E McI{anney Street 1 Pledge of Allegiance The Council and members of the andlence recited the Pledge of Allegiance to the U S and Texas flags 2 The Council received a Recycling Resolution from Keep Denton Beautiful Jan Dixon presented the resolution regarchng curbslde recycling from Keep Denton Beautiful for Council consideration The following individuals submitted Speaker Cards Janay Tleken, 2400 Natchez Trace, Denton, 76210 - favor Ken Dixon, 8065 Zackery Road, Aubrey, 76227 - favor Beth Clark, 2437 Kayewood, Denton, 76209 - favor Carola Hendnck, 832 Skylark, Denton, 76205 - favor Margaret Woodcock, 300 Plum Hollow, Denton, 76207 - favor Shemll Cambell, 3820 Redstone, Denton, 76209 - favor Jean Greenlaw, 2600 Sheraton Road, Denton, 76203 - favor Delores Olmon, 4401 E University, Denton, 76208 - favor Don Smxth, 2107 Emerson, Denton, 76209 - favor E Parks Olmon, 4401 E University, Denton, 76208 - favor City of Denton City Council Minutes January 2, 2001 Page 2 CITIZEN REPORTS 3 Peter Martin regarding recychng Mr Martin stated that he was in favor of curbslde recycling He encouraged the Cxty to work towards city-wide curbslde recychng 4 Victoria Lee regarding recychng Ms Lee stated Denton should have curbslde recychng as soon as possible She suggested the program "Pay as You Throw" that charges residents by the amount of trash that is collected at a residence 5 Mike McMfllen regarding recycling Mr McMlllen stated that he was dedmated to recychng but was dismayed that there was no place to recycle plastic and glass 6 Tom Kay regarding City of Denton dump fees Mr Kay was not present at the meeting 7 Damelle Pierce regardxng sohd waste management and Denton's future Ms Pierce stated that the Sierra Student Coahtlon of UNT supported the resolutxon presented by Keep Denton Beautiful 8 Eva Cadwallader regarding recycling Dr Cadwallader felt that there were many citizens were in favor of curbslde recychng and she encouraged the Cotmcll to consxder such a program 9 Mike Mlzell regarding recychng Mr Mlzell was not present 10 Martha Lynn Nelson regarding recychng Ms Nelson was not present at the meeting CONSENT AGENDA Burroughs motxoned, Durrance seconded to approve the Consent Agenda and the accompanying ordinances and resolutions On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", and Mayor Brock "aye" Motion camed unammously City of Denton C~ty Council Minutes January 2, 2001 Page 3 11 NO 2001-01 AN ORDINANCE APPROVING AMENDMENT NUMBER ONE TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON COUNTY HISTORICAL COMMISSION, AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE CITY, AND PROVIDING AN EFFECTIVE DATE 12 NO 2001-02 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO PROVIDE INTERLIBRARY LOAN SERVICES TO MULTITYPE LIBRARIES IN TEXAS, AND PROVIDING AN EFFECTIVE DATE 13 NO 2001-03 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY, REGION VI ("FEMA"), TO PROVIDE FOR AN ALTERNATE CONTINUITY OF OPERATIONS FACILITY AT NORTH LAKES PARK AND RECREATION CENTER IN THE EVENT THAT FEMA'S PERMANENT FACILITY IS UNAVAILABLE IN AN EMERGENCY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 14 NO 2001-04 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PIPELINE CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR A SANITARY SEWER LINE AT MILE POST 725 98, CHOCTAW SUBDIVISION, TOWN OF ARGYLE, DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 15 NO 2001-05 AN ORDINANCE OF THE CITY OF DENTON APPROVING AN ENCROACHMENT ON EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE TXU ELECTRIC COMPANY, SUCCESSOR TO THE TEXAS POWER & LIGHT COMPANY, ('TXU ELECTRIC") RELATING TO THE LOCATION OF A CITY WATER PIPELINE WITHIN A TXU ELECTRIC UTILITY EASEMENT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED IN VOLUME 560, PAGE 602 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS NEAR WHERE SAID EASEMENT INTERSECTS WITH U S HIGHWAY 377 WITHIN THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE City of De~ton City Council Minutes January 2, ,2001 Page 4 16 NO R2001-01 A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE PRESERVE AT PECAN CREEK, LTD, AND DECLARING AN EFFECTIVE DATE 17 NO 2001-06 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER LINES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2576 -UNDERWOOD PHASE II SANITARY SEWER LINES AWARDED TO ZEISS UTILITIES, INC, IN THE AMOUNT OF $238,092 20) 18 NO 2001-07 AN ORDINANCE APPROVING A SECOND AWARD ON AN ANNUAL CONTRACT FOR THE PURCHASE OF TWO ADDITIONAL POWER TRANSFORMERS, REJECTION OF CERTAIN BIDS NOT MEETING SPECIFICATIONS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2557-POWER TRANSFORMERS AWARDED TO WAUKESHA ELECTRIC SYSTEMS IN THE AMOUNT OF $466,200 EACH OR $932,400 FOR TWO, PLUS PRIMARY WINDING OPTIONS OF $15,000 00 EACH FOR A TOTAL AWARD OF $962,400) 19 NO 2001-08 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR DISTRIBUTION TRANSFORMERS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2581 - ANNUAL PRICE AGREEMENT FOR DISTRIBUTION TRANSFORMERS AWARDED TO THE LOWEST RESPONSIBLE BIDDER IN THE ESTIMATED ANNUAL AMOUNT OF $960,000) 20 NO 2001-09 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRUCK MOUNTED LIQUID ASPHALT DISTRIBUTOR, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2583 - TRUCK MOUNTED ASPHALT DISTRIBUTOR AWARDED TO PETERBILT MOTORS COMPANY IN THE AMOUNT OF $107,933) 21 NO 2001-010 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A VIBRATORY ROLLER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN City of Denton City Cotmcd Minutes January 2, 2001 Page 5 EFFECTIVE DATE (BID 2584 - VIBRATORY ROLLER AWARDED TO CLEMONS TRACTOR CO, 1N THE AMOUNT OF $34,606 WITH A BUY BACK OFFER OF $23,000 FOR A 36-MONTH COST OF $11,606) 22 NO 2001-011 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRUCK MOUNTED BRUSH LOADER/GRAPPLER, AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2585 - TRUCK MOUNTED BRUSH LOADER/GRAPPLER AWARDED TO SOUTHWEST INTERNATIONAL IN THE AMOUNT OF $88,927) 23 NO 2001-012 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A SUPPLY OF POLICE TACTICAL VEST, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2586 - POLICE TACTICAL VEST AWARDED TO TROOPER SUPPLY, INC, IN THE AMOUNT OF $28,578) 24 NO 2001-013 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR 15KV FUSED ENCLOSURES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2592 - FUSED ENCLOSURES AWARDED TO TEMPLE, INC FOR ITEM ! IN THE AMOUNT OF $3,949 EACH AND MALTON EQUIPMENT C/O LEN T DELONEY FOR ITEM 2 IN THE AMOUNT OF $5,579 EACH THE ESTIMATED ANNUAL EXPENDITURE IS $60,000) 25 NO 2001-014 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A LOADER/BACKHOE TRACTOR, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2593 - LOADER/BACKHOE TRACTOR AWARDED TO CONTINENTAL EQUIPMENT CO, L P, IN THE AMOUNT OF $73,755 WITH BUY BACK OFFER OF $45,000 FOR A 36-MONTH COST OF $28,755) 26 NO 2001-015 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A RADIO TRAFFIC SIGNAL COMMUNICATIONS SYSTEM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2595 - City of Denton City Council Minutes January 2, 2001 Page 6 RADIO TRAFFIC COMMUNICATION SYSTEM AWARDED TO CONSOLIDATED TRAFFIC CONTROLS, INC, IN THE AMOUNT OF $51,030) 27 NO 2001-016 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR ARMORED COURIER SERVICE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2598 - ARMORED COURIER SERVICE AWARDED TO LOOMIS, FARGO & CO, IN THE AMOUNT OF $330 PER MONTH PER SITE ESTIMATED ANNUAL EXPENDITURE IS $19,800 OR $59,400 FOR THREE YEARS ) 28 NO 2001-017 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ACS SOFTWARE AND HARDWARE 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 (PURCHASE ORDERS 11505 AND 11505A TO ADVANCED CONTROL SYSTEM (ACS) IN THE AMOUNT OF $28,824 00) 29 NO 2001-018 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF 800 MHZ RADIO SYSTEM UPGRADE & RELOCATION WHICH IS 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 (PURCHASE ORDER 11509 TO MOTOROLA 1N THE AMOUNT OF $837,231 00) 30 NO 2001-019 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARVIN C (M C ) BURCH, RICHARD LEE BURCH, AND NELDA GRACE (BURCH) HACKETT RELATING TO THE PURCHASE OF 2 ACRES OF LAND AND A 0 136 ACRE ACCESS EASEMENT LOCATED IN THE J SEVERE SURVEY, ABSTRACT NO 1164, FOR USE AS AN ELECTRIC SUBSTATION AND RELATED PURPOSES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 31 NO 2001-020 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RENOVATION OF THE HEATING VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM AT CITY HALL EAST ENGINEERING SECTION, PROVIDING FOR THE EXPENDITURE OF FUNDS C~ty of Denton C~ty Council M~nutes January 2, 2001 Page 7 THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2620 - CITY HALL EAST/ENGINEERING SECTION HVAC RENOVATION AWARDED TO THE LOWEST RESPONSIBLE BIDDER CBS MECHANICAL IN THE AMOUNT OF $79,885) 32 NO 2001-021 AN ORDINANCE APPROVING A LETTER AGREEMENT BETWEEN WYNNE/JACKSON LAKES DEVELOPMENT, L P AND THE CITY OF DENTON REGARDING THE HIGHWAY 377 WATER TRANSMISSION LINE AND THE GRAVEYARD BRANCH INTERCEPTOR SEWER LINE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE PUBLIC HEARINGS 33 The Cotmcfl held a pubhc heanng and considered adoption of an ordinance rezonlng and approwng a Zomng Plan for a 19 57 acre tract located on the northeast s~de of the antersect~on of Teasley Road and Ryan Road The property was currently zoned Agricultural (A) The mtant was to rezone the property to a Planned Development (PD) contmmng single-family res~dentml and neighborhood servace retml (The Planmng and Zonmg Comm~ssaon recommended approval 5-0 w~th conditions ) (ZP-O0-O09, Teasley Tract) Council Member Knstofurson amved at the rneetmg Doug Powell, D~rector of Plannmg and Development, stated that the property was currently zoned agricultural and was intended to rezone to planned development w~th s~ngle-famfly residential and neighborhood servme retml A homeowners assocmtmn would be responsible for the open space that would be included m the development The Mayor opened the pubic heanng The following mdxv~duals spoke dunng the pubhc heanng Alien Bussell, Surveyors and Engineers of North Texas - favor The Mayor closed the pubhc heanng Burroughs motioned, Beasley seconded to adopt the ordinance w~th the Planmng and Zomng Comm~ssion contht~ons On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Knstoferson "nay", and Mayor Brock "aye" Motion was t~ed and would be brought back ' 1 to the next Council meeting when there would be a full Counc~ 34 The Council held a pubhc heanng and considered approving the Comprehensive Plan Amendment of 17 9 acres, from a Neighborhood Center land use classfficat~on to a Commumty M~xed Use Center land use classfficat~on The s~te was located at the southeast comer of Teasley Lane and Hmkory Creek Road A commumty shopping center and offices were proposed (The Planmng and Zomng Commission recommended approval 7-0) (CA-O0-O01, Forester TracO City of Denton City Council Minutes January 2, 2001 Page 8 Doug Powell, Director of Planning and Development, stated that the site was located at the southeast comer of Teasley Lane and Hickory Creek Road Thru would be the first amendmem to the land use map of the Comprehensive Plan The zoning would change from neighborhood mixed use to community m~xed use classfficat~on to allow for the development of a grocery store m the area A zoning plan would have to be approved as the property was subject to the Intenm Regulations The Mayor opened the public heanng The following lnthvlduals spoke dunng the public heanng Mark Weatherford, representmg the petitioner - favor Gene Holloway, Denton ISD - favor Dave Neal, 1101 Buena Vista, Denton, 76210 - opposed Brenda Plulhps, 1101 Buena Vista, Denton, 76210 - opposed Pam Orley, 4404 Argyle Lane, Denton - favor Rebuttal by Weatherford The Mayor closed the pubhc heanng Knstoferson motioned, Durrance seconded to deny the request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unanimously 35 The Council held a public heanng and considered adoption of an ordinance approwng a ProJect Plan/Detmled Plan at 1207 and 1213 Wilson Street ~n a Planned Development (PD-189) zomng district The 1 8 acre property was generally located on the northwest comer of Wilson and Ruddell Streets Office uses for several non-profit agencies were proposed (The Planning and Zoning Commission recommended approval 6-0 with conditions) ($P-00-013, Denton Houstng Authortty) Doug Powell, Director of Planmng and 'Development, stated the s~te was appropriate for the development and was compatible with the Comprehensive Plan The Mayor opened the public heanng The following individuals spoke dunng the pubhc heanng Sherry McDade, Denton Housing Authority - favor Stan Ingman 2105 Carnage Hill, Denton, 76207 - favor Martha Guerra, 110 Heritage Lane, Denton, 76205 - favor Lou Lowther, 422 Audra, Denton, 76209 - opposed The Mayor closed the pubhc heanng The following ordinance was considered City of Denton City Council Minutes January 2, 2001 Page 9 NO 2001-022 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 2000-393 TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 1 8 ACRES LOCATED WITHIN A PLANNED DEVELOPMENT (PD-189) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED AT THE NORTHWEST CORNER OF RUDDELL STREET AND WILSON STREET, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-013) Knstoferson motioned, Durrance seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motmn carried unammously 36 The Council held a pubhc heanng and considered adoption of an ordinance approwng a Detmled Plan, to rezone 2 94 acres located along the south s~de of Audra Lane approximately 640 feet west of Mockingbird Lane from Agricultural (A) zomng dlsmct to Planned Development (PD) zomng chstrlct A 12-lot single-family subdivision was proposed (The Planning and Zomng Commass~on recommended approval 7-0 w~th conditions ) (Z-O0-O13, Audra Oak~) Doug Powell, Director of Planning and Development, stated that the s~te was located on Audra Lane and was a request to change the zomng from agricultural to planned development Design standards were included in the proposed ordinance The Mayor opened the public heanng The following individuals spoke dunng the pubhc heanng Alan Bussell, representing the petitioner - favor The Mayor closed the pubhc heanng The following ordinance was considered NO 2001-023 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-192) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR ApPROXIMATELY 2 94 ACRES OF LAND LOCATED ALONG THE SOUTH SIDE OF AUDRA LANE APPROXIMATELY 640 FEET WEST OF MOCKINGBIRD LANE, PROVIDING A DETAILED PLAN ENCOMPASSING 294 ACRES, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-013) C~ty of Denton City Council M~nutes January 2, 2001 Page 10 Beasley motioned, Cochran seconded to adopt the ordinance with the conditions as noted from the Plaunlng and Zomng Commission On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion camed unammously 37 The Council held a pubhc heanng and considered adoption of an ordinance approwng a Zoning Plan to rezone 1 954 acres from an Agricultural (A) zomng district to an Office (O) zoning district The property was located between Helm Street and Teasley Lane approximately 1,400 feet south of Bent Oaks Drive Office development was proposed (The Planmng and Zoning Commission recommended approval 7-0 w~th conditions ) (ZP-O0-O16, The Ruehle office) Doug Powell, Director of Planning and Development, stated that the proposal was to convert an old home to an office bmldlng for a dentist office The project would reqmre a project plan as ,t was subject to the interim regulations Three conditions were recommended by the Planmng and Zoning Commission for the proposal The Mayor opened the public heanng The following lndlmduals spoke dunng the public heanng Alan Bussell - favor reduce to 10, 000 square feet Pat Ruehle, petitioner - favor The following ordinance was considered NO 2001-024 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN AND ZONING CHANGE FOR 1 96 ACRES LOCATED WITHIN A AGRICULTURAL (A) ZONING DISTRICT, TO CHANGE TO AN OFFICE (O) DISTRICT, THE SUBJECT PROPERTY BEiNG LOCATED BETWEEN HELM STREET AND TEASLEY LANE, APPROXIMATELY 1,400 FEET SOUTH OF BENT OAKS DRIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDiNG FOR AN EFFECTIVE DATE (ZP-00-016) Knstoferson motioned, Cochran seconded to adopt the ordinance w~th the conditions as recommended by the Planning and Zoning Commlsmon plus a monument s~gn and hmltatlon to a 10,000 square foot bmld~ng On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Breck "aye" Motion camed unanimously ITEMS FOR INDIVIDUAL CONSIDERATION 38 The Council considered adoption of an ordinance declanng a publ,c necesmy existed and finding that public welfare and convemence required the taking and acqumng of an approximate 20 acre tract or parcel of land being part of Lot 2, Block A of the Sandhn Addition, an addition to the City of Denton in fee simple for a regional detention pond smd property being located in City of Denton Clty Cotmcfl Minutes January 2, 2001 Page 11 B B B & C R R Co Survey, Abstract No 180, and m the T Toby Survey, Abstract No 1288, C~ty of Denton, Denton County, Texas, authorizing the C~ty Manager or h~s designee to make an offer to purchase the property for just compensation and if such offer ~s refused, authorizing the Caty Attorney to institute the necessary proceedings m condemnation la order to acquire the property necessary for the public purpose of a regional detention pond, and declanng an effective date The following ordananee was considered NO 2001-025 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 20 ACRE TRACT OR PARCEL OF LAND BEING PART OF LOT 2, BLOCK A OF THE SANDLIN ADDITION, AN ADDITION TO THE CITY OF DENTON IN FEE SIMPLE FOR A REGIONAL DETENTION POND SAID PROPERTY BEING LOCATED IN B B B & C R R CO SURVEY, ABSTRACT NO 180, AND IN THE T TOBY SURVEY, ABSTRACT NO 1288, CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION 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 A REGIONAL DETENTION POND, AND DECLARING AN EFFECTIVE DATE Beasley motioned, Knstoferson seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unammously 39 The Council considered adoption of an ordinance approwng and authorizing the expenditure of funds under the C~ty of Denton's infrastructure financing policy for water and wastewater facilities to Yorlum Construction Management Ltd, such facilities to be extended to a development located at the Intersection of Highway 380 and Masch Road, authorizing the City Manager to enter into an agreement on behalf of the City, and prov~&ng an effective date The following ordinance was considered NO 2001-026 AN ORDINANCE APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS UNDER THE CITY OF DENTON'S INFRASTRUCTURE FINANCING POLICY FOR WATER AND WASTEWATER FACILITIES TO YORLUM CONSTRUCTION MANAGEMENT LTD, SUCH FACILITIES TO BE EXTENDED TO A DEVELOPMENT LOCATED AT THE INTERSECTION OF HIGHWAY 380 AND MASCH ROAD, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY, AND PROVIDING AN EFFECTIVE DATE City of Denton City Council Minutes January 2, 2001 Page 12 Knstoferson motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned with a 5-1 vote 40 New Business The following ~tems of New Bus~ness were suggested by Council Members for future agendas A, Mayor Brock requested a d~scuss~on of the City's adequate public facthtms policy B Council Member Durrance requested a work session item regarding alternative means of financing recycling including curbs~de and other methods types available, specifically cost effective factors of mcychng m regards to curbslde consider alternative means of financing that project 41 Items from the City Manager C~ty Manager Jez did not have any ~tems for Council 42 There was no cont~nnatlon of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 43 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act With no further business, the meeting was adjourned at 10 22 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 9, 2001 Special Called Meeting of the City of Denton City Council on Tuesday, January 9, 2001 at 6 00 p m in the Council Chambers at City Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 Mayor Brock presented a proclamation for Ryan Raiders Football Team 2 The Council considered adoption of an ordinance rezonmg and approving a Zonmg Plan for a 19 57-acre tract located on the northeast side of the intersection of Teasley and Ryan Road The property was currently zoned Agricultural (A) The intent was to rezone the property to a Planned Development (PD) containing single-family residential and neighborhood service retml (The Planning and Zoning Commission recommended approval 5-0 with conchtlons ) (ZP-00- 009, Teasley Trac0 [Note The public heanng for this item was opened and closed on January 2, 2001 City Council voted to break a 3-3 tie that was taken on January 2, 2001 ] Doug Powell, Director of Planning and Development, stated that the intent was to rezone the property to a planned development contalmng single-family residential and neighborhood service retail This item was reconsidered by the Council as the vote at the last meeting was a 3-3 tie and the Ctty Charter reqmred the item to be placed on subsequent agendas until a full Council was present to break the tie vote The followang ordinance was considered NO 2001-027 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO ALLOW FOR SINGLE-FAMILY AND NEIGHBORHOOD SERVICE RETAIL USES FOR APPROXIMATELY 19 59 ACRES LOCATED ON THE NORTHEAST SIDE OF THE iNTERSECTION OF TEASLEY LANE AND RYAN ROAD AND LEGALLY DESCRIBED AS 19 59 ACRES IN THE B LEWIS SURVEY, ABSTRACT NO 769, THE E PICKETT SURVEY, ABSTRACT NO 1018, AND THE J FISHER SURVEY, ABSTRACT NO 421, 1N THE CITY OF DENTON, DENTON, COUNTY, TEXAS, PROVIDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance w~th the conditions as recommended by the Planning and Zonmg Commission On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Knstoferson "nay", Young "aye", and Mayor Brock "aye" Motion camed with a 4-3 vote 3 The Council considered adoptton of an ordinance of the City of Denton, Texas, amending a proposed annexation ordinance which passed on first reading on November 28, 2000 and was City of Dentgn City Cotmcfi Minutes January 9, 2001 Page 2 pubhshed on December 8, 2000 to annex two tracts of land, compns~ng 881 acres, Tract One being located on the southwestern s~de of the City of Denton's extratemtonal junsdmt~on east of U S H~ghway 377, south of Regency Court on each side of Country Club Road, west of Monteclto~ along Ryan Road and mostly north of Brush Creek Road, and Tract Two being located west of Monteclto, south of E1 Pasco and east of Santa Momca, and providing an effective date (A-101) Dave Hill, Aas~stant City Manager for Development Services, stated that a C~ty Charter requirement mthcated that any amendment to an annexation ordinance required a 30 day pubhcat~on m the newspaper Rather than the second reading of the annexation ordinance, Council was asked to consider an amendment to the proposed annexation ordinance due to the removal of parcels of land dunng the first reading of the annexation ordinance The proposed service plan had not changed The following mchvlduals spoke regarchng the proposal Bob Helhc, 3855 Lelsttre Lane, Denton, 76210 - opposed Pdchard Butch, 2601 Buckingham, Denton, 76209 - opposed M C Butch, 7034 Country Club Road, Denton - opposed N~lda Butch Hackett, P O Box 998, Argyle, 76226 - opposed Janelle Butch, 2601 Buckingham Dnve, Denton, 76209 - opposed Robin Ihffe-Weston, 6499 Country Club Road, Denton, 76205 - opposed The following ordinance was conmdered NO 2001-028 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A PROPOSED ANNEXATION ORDINANCE WHICH PASSED ON FIRST READING ON NOVEMBER 28, 2000 AND WAS PUBLISHED ON DECEMBER 8, 2000 TO ANNEX TWO TRACTS OF LAND, COMPRISING 881 ACRES, TRACT ONE BEING 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 CREEK ROAD, AND TRACT TWO BEING LOCATED WEST OF MONTECITO, SOUTH OF EL, PASEO AND EAST OF SANTA MONICA, AND PROVIDING AN EFFECTIVE DATE (A-101) Beasley mottoned, Burroughs seconded to adopt the ordinance w~th the restrictive covenants in the designated areas On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Mot~oncamedw~tha6-1 vote 4 The Council considered adoption of an ordinance of the C~ty of Denton, Texas, amenchng a proposed annexatton ordinance which passed on first readtng on November 28, 2000 and was published on December 8, 2000 to annex three tracts of land compnslng 1,159 acres, Tract One being located west of U S Highway 377, south of Allred and north and south of Johnson Lane, Tract Two being located east of Interstate Highway 35 West and west of the Kansas C~ty Ctty of Denton City Council Minutes January 9, 2001 Page 3 Southem Rmlway, extending south along Bonnie Brae approximately 6,400 feet north of U S H~ghway 377, and Tract Three bemg located northeast of the intersection of Corbm and Bonme Brae, and providing an effective date (A-102) Dave Hill, Assistant City Manager for Development Services, stated that parcels 13, 14, 15, 18, 19 and 20 were removed from the draf~ ordmance and were subject to restrictive covenants This was an amendment to the first reading ordinance Young motioned, Coehran seconded to add parcel 16 to the area to be deleted from the annexation ordinance and subject to the restrictive covenants On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motmn camed w~th a 6-1 vote The following individuals spoke regardmg the proposal Joe Erwm, 1221 Pnncess, Hurst, 76053 - opposed M C Burch, 7034 Country Club Road, Denton, 76210 - opposed Patnma Brown, - thanked the Council for the work done on the covenants The following ordnance was considered NO 2001-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A PROPOSED ANNEXATION ORDINANCE WHICH PASSED ON FIRST READING ON NOVEMBER 28, 2000 AND WAS PUBLISHED ON DECEMBER 8, 2000 TO ANNEX THREE TRACTS OF LAND COMPRISING 1,159 ACRES, TRACT ONE BEING LOCATED WEST OF U S HIGHWAY 377, SOUTH OF ALLRED AND NORTH AND SOUTH OF JOHNSON LANE, TRACT TWO BEING LOCATED EAST OF INTERSTATE HIGHWAY 35 WEST AND WEST OF THE KANSAS CITY SOUTHERN RAILWAY, EXTENDING SOUTH ALONG BONNIE BRAE APPROXIMATELY 6,400 FEET NORTH OF U S HIGHWAY 377, AND TRACT THREE BEING LOCATED NORTHEAST OF THE INTERSECTION OF CORBIN AND BONNIE BRAE, AND PROVIDING AN EFFECTIVE DATE (A-102) Burroughs motioned, Cochran seconded to adopt the amended ordinance ~nclus~ve of the restrictive covenants for the deleted parcels and inclusive of the prior amendment made by Council Member Young On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed unammously 4 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act Following the completion of the Special Called Meeting, the Council convened into a Work Session in the Work Session Room 1 The Council received a report from Richard Franco regarding proposed development of the Denton Housing Authority C~ty of Dent0n C~ty Council Minutes January 9, 2001 Page 4 Mr Franco stated that proposed developments were being considered ~n several locations throughout Denton Part of this proposal would replace the Phoemx Apartments Shah McDade, Denton Housing Authority, addressed the concerns of the neighborhood residents The majority of the concerns dealt w~th noise and traffic Martha Guerra, Denton Housing Authority, stated that 158 townhomes and 52 elderly garden homes at various locations throughout Denton would be built 2 The Council received a report, held a d~scuss~on and gave staff direction regarding information concermng the Umted States Army Corps of Engineers' (Corps) recent Enwronmantal Assessment for Lake Lewaswlle, the City of Denton's response, the C~ty of Dallas's response and a potential lawsmt by a homeowners' group Juhe Smith, Enwronmental Compliance Manager, stated that the Corps of Engineers developed a Programmatic Enwronmental Assessment (PEA) last year for Lake Lewlswlle as a second phase of the two-phase carrying capacity and use study for the lake Because the City of Denton, along with many other entitles, including the City of Dallas, found the PEA inadequate, the C~ty refused to endorse the PEA The Corps must also conduct an Environmental Impact Statement (EIS) for any proposed projects that would result m an exceedence of the carrying capacity for the Lake Despite the fact that the Corps admitted that the carrying capacity for the Lake was currently exceeded, the Corps d~d not do an EIS The Corps' recommendations would result ~n an increase in the number of boats travehng in an area of the Lake that already exceeded its carrying c0pac~ty Staff beheved that a properly conducted EIS would confirm that the Lake was s~gmficantly beyond 1ts carrying capacity w~th respect to natural resources and that water quality ~n particular was negatively ~mpaeted The Corps made ~t clear that they intended to avoid their legal obhgat~ons to conduct an EIS by relying on an alternative method for lake development The Corps' alternative consisted of zomng the Lake into three distinct areas and consldenng carrying capacity within each zone only It was learned before this meeting that the Corps intended to proceed w~th the building of more mannas on the Lake A local homeowners group intended tO file a lawsmt agmnst the Corps Consensus, of the Council was to jo~n ~n the lawsmt w~th the exact level of partmlpat~on to be determined 3 The Council received a presentation, held a d~scusslon and gave staff direction regarding Phase II of the National Pollution D~seharge Elimination System (NPDES) Storm Water Program (l'ingrain) and its anpaet on the City of Denton Juhe Smith, Environmental Compliance Manager, presented the requirements of the Phase II Storm Water Program and associated costs for the C~ty of Denton as noted in the agenda materials Consensus of the Cotmcfl was to continue pubhc awareness of the situation and consider a proposal to use funds obtained fi.om fines relative to polluting to pay for the clean up of other areas ~n the city C~ty of Danton C~ty Counml Minutes January 9, 2001 Page 5 4 The Council received a report, held a discussion and gave staff direction regarding the process to select an architect to design the new central fire station Ross Chadwmk, F~re Chief, rewewed the background for the need for a new fire station and the selection process for an architect for the new station as noted ~n the agenda materials Council d~scussed the pros and cons of using a local architect as opposed to a non-local architect Council Member Young suggested hmng the firm of James KJrkpatnck rather than an outside firm City Manager Jez asked the Council to allow staff to continue to negotiate with the selected firm and to continue to try and partner with the Irdrkpatnck firm as the secondary local provider After d~scuss~on, Council consensus was to have the Legal Department rewew the ~nformat~on obtmned dunng the selectmn mterwews to determine ff any of that ~nformatlon was confidential before d~sclosmg that mformat~on and to suspend the current negotmt~ons w~th the selected firm 5 The Council received a report, held a d~scusslon, and gave staff dlrect~on regarding the interpretation of Section 34-114 (5) of the Code of Ordinances regarding perimeter streets Dave Salmon, C~ty Engineer, stated that Section 34-114(5) of the Code of Ordmances, reqmred developers to promde standard improvements to proposed and existing streets that border a development Perimeter pawng typically consisted of ~nstalllng 25 feet of C~ty of Denton standard pavement including curb and gutter on the side of the development This standard had always been interpreted by staff to mean that as a tract developed, the perimeter street ~mprovements were reqmred to be installed adjacent to the development when it was developed In multi-phase developments, th~s often resulted m roads being reconstructed a short section at a t~me Recently developers had mqmred about the posslbdlty of constructing their perimeter street ~mprovements all at one time m a later phase of development Staff felt that the request had merit for large multi-phase developments, especmlly if there were already access to the development wa a paved road m good condition Salmon reviewed the concerns regarding the possibility,of allowing a developer to set up an escrow account or give the C~ty money to hold so that the perimeter ~mprovements would be prowded for Consensus~ of the Council was to proceed w~th the proposal 6 The Council received a report, held a dmcuss~on and gave staff direction regarding a proposed conservation rhstnct in the Bell Avenue area Lmda Ratl~ff, Director of Commumty Development, stated that in a recent tustonc resources survey, the Bell Avenue neighborhood was ~dentlfied as an area that could be designated as a conservation chstnct ~n order to protect the remmmng h~stonc fabric of the neighborhood The H~stonc Landmark Commission recently held a neighborhood meeting with the residents of the Bell Avenue area w~th an overwhelmingly positive response to the possibility of estabhsh~ng a conservation dlstnct A conservation dastnct was a h~stonc preservation tool used to preserve the neighborhood character and protect the area from demoht~on The neighborhood participants help create an ordanance that specifically addressed the needs of the area Tax ~ncentlves would City of Denton C~ty Cotmcd Minutes January 9, 2001 Page 6 be included m the ordinance Staff was recommending the formation of such a d~stnct m the Bell Avenue area Consensus of the Councd was to preceed w~th the estabhshment of the d~stnct 7 The Couned received a report, held a d~scuss~on and gave staff d~rect~un regarding a proposed 145 98 acre residential development eunt0amng 142 lots and possible voluntary aunexat~on m ETJ south of Blagg Road, approximately 950 feet west of Lakev~ew Boulevard Dave H~ll, Assistant C~ty Manager for Development Services, presented the detads regarding the recent aet~wty on the property The property had recently been purchased w~th the proposal of developing 124 res~dentml lots Sta~s understanding was that the property owner was not opposed to being annexed Consensus' of the Courted was to proceed w~th the annexation 8 The Counexl received a report, held a d~scuss~on and gave staff d~rectmn regarding the construction of a Compost Storage/Procassmg Bmldmg m the amount not to exceed $97,000 00 J~m Coulter, D~rector of Water Ut~ht~es, stated that the C~ty's compostmg operation had received a grant fi.om NCTCOG to prowde funchng for a small compost bagging machine and a storage bmldmg through their Sohd Waste Grant The grant would prowde funding to construct a metal bmlchng for stonng tho compost bags and prowde a working area to fill bags regardless of weather condxt~ons Tbas project would help bnng the C~ty's Dyno-D~rt to a larger market as mchwduals would be able to purchase bags of the product as opposed to purchasing ~t by the cubic yard, The bmlchng would allow the C~ty to ~mprove the compost bagging operation and ultimately expand the market for recycled materials Consensus,of the Courted was to proceed w~th the proposal 9 The Council received a report, held a chseusslon, and gave staff d~rect~on regarding an ordinance authorizing the C~ty Manager to accept competitive b~ds and award a contract w~th Unum Life Insurance Company of America to prowde long-term thsab~hty insurance and voluntary short-term chsabthty insurance for C~ty of Denton employees Robert Waggoner, Pask Manager, stated that the C~ty had offered long-term d~sablhty insurance to employees as part of the benefit package s~nce 1984 The current plan would expire on 1/31/01 Staff was suggastmg a new proposal fi.om UNUM w~th a two-year rate guarantee including a voluntary short-term chsab~hty plan Consensus of the Courted was to proceed w~th the contract W~th no further business, the meeting was adjourned at 11 00 p m EULINE BROCK, MAYOR JENNIFER WALTERS, C~ty Secretary CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 16, 2001 Regular Meeting of the City of Denton City Council on Tuesday, January 16, 2001 at 6 00 p m in the Council Chambers at City Hall, 215 E McKmney Street, Denton, Texas at which the following items will be considered PRESENT Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT Mayor Brock 1 Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U S and Texas flags 2 The Council considered approval of the minutes of November 28, 2000, December 5, 2000, and December 12, 2000 Cochran motioned, Burroughs seconded to approve the minutes On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion carried unammously 6-0 CITIZEN REPORTS 3 Receive an update from County Commissioner Jim Carter regarding county issues Commissioner Jim Carter was not present 4 Tom Kay regarding City of Denton dump fees Mr Kay, 2018 Jacquehne Street, stated that the fees at the landfill were excessive and felt that the City needed to review them 5 Carolyn Phillips regarding representation of neighborhood groups in Southeast Denton Ms Phllhps, 722 Lakey, stated that she did not support the Denton Housing Authority placing all of their homes in Southeast Denton She proposed that the Council make aumform policy regarding neighborhood groups because this was needed in Southeast Denton 3 Receive an update from County Commissioner J~m Carter regarding county issues County Commissioner Carter arrived at the meeting He stated that the County had looked at salaries witban county departments The County had asked residents in the November election if they would support salary increases for county employees ~f needed He stated that the County had purchased the Food Lion on MeK~nney to house county offices He asked the Council to look at adopting a pooper scooper law He also asked if city staff could look at placing a 2-hour hm~tatmn on parking on the square on Tuesdays Council Member Young asked about Teen Night Court C~ty of Denton C~ty Council M~nutes January 16, 2001 Page 2 He stated that on February 6 they were hawng a mght court session and that the Cotmc~l was welcome to attend 6 Billy Brasfield regarding council actions Mr Brasfield, P O Box 50834, Denton, Texas, 76202, addressed the Councd regarding some apartment complexes at the comer of Lakey and W~lson St He asked the Council to purchase back the property and bmld a decent senior cmzen center for Southeast Demon CONSENT AGENDA Mayor Pm Tem Beasley requested Item # 13 be d~scussed before voting on the Consent Agenda Cotmcll Member Durrance requested Item #8 be considered under Items for Ind~vidual Consideration Mlchelle Cunnmgham, Commumty Development Coordinator, explmned the Neighborhood Empowerment Program She stated that the purpose of the program would be to ~mprove the quahty of life in Denton's neighborhoods by supporting project parmerships between the C~ty of Denton and its neighborhoods The program would match mty and neighborhood resources to complete laelghborhood proposed projects that foster self-help, neighborhood pride, enhance and beant~fy Denton neighborhoods Cunmngham stated that the program should ultimately promote a qmck and easy process where the neighborhoods reahze the demonslrated benefit of the C~ty expenditures The types of programs that would be incorporated ~n that fall w~thln the following categories youth ~mprovements, neighborhood identity, public art and amemtles, traffic safety, capital eqmpmem purchases, and environmental ~mprovements Councd Member Knstoferson questtoned the March 1 date for ~mplementat~on that maybe that date did not give staff enough t~me to complete everything and that maybe we needed to be more flexible w~th that date Knstoferson motioned, Burroughs seconded to approve the Consem Agenda w~th the exception of Item #8 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion carned unammously 6-0 7 NO 2001-030 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A METAL BUILDING FOR COMPOST STORAGE AND PROCESSING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2616 - METAL BUILDING FOR COMPOST STORAGE AND PROCESSING AWARDED TO WAYNE ALLEN CONSTRUCTION CO IN THE AMOUNT OF $97,000) City of Denton C~ty Council M~nutes January 16, 2001 Page 3 9 NO 2001-031 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF INSTRUMENT TRANSFORMERS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2596 - INSTRUMENT TRANSFORMERS AWARDED TO RITZ INSTRUMENT TRANSFORMERS IN THE APPROXIMATE AMOUNT OF $40,000 PER YEAR) 10 NO 2001-032 AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR EMPLOYEE LONG AND SHORT-TERM DISABILITY INSURANCE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (RFSP 2599 - EMPLOYEE LONG AND SHORT TERM DISABILITY INSURANCE AWARDED TO UNUM LIFE INSURANCE CO IN THE ESTIMATED ANNUAL COST OF $174,282) 11 NO 2001-033 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PURPLE PVC REUSE WATER PIPE AND VALVES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2597 - PVC PRESSURE PIPE AND FITTINGS AWARDED TO SHERMAN WATER & SEWER IN THE AMOUNT OF $107,222) 12 NO 2001-034 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF TWO INDUSTRIAL TRACTORS AND ONE HEAVY DUTY ROUGH TERRAIN FORKLIFT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2615 - INDUSTRIAL TRACTORS AND FORKLIFT, ITEM 1, AWARDED TO FUTURE EQUIPMENT IN THE AMOUNT OF $35,430, ITEM 2 AWARDED TO STEWART AND STEVENSON IN THE AMOUNT OF $47,662 THE TOTAL AWARD AMOUNT IS $83,092) 13 NO 2001-035 AN ORDINANCE AMENDING CHAPTER 14 "HEALTH AND HUMAN SERVICES" OF THE CITY CODE BY ESTABLISHING A NEW ARTICLE VI "NEIGHBORHOOD EMPOWERMENT PROGRAM" TO ESTABLISH A NEIGHBORHOOD EMPOWERMENT PROGRAM TO ENHANCE AND IMPROVE NEIGHBORHOODS THROUGHOUT THE CITY OF DENTON, C~ty of Denton City Council Minutes January 16, 2001 Page 4 CREATING A NEIGHBORHOOD EMPOWERMENT ADVISORY BOARD, ESTABLISHING CRITERIA AND GUIDELINES FOR THE APPROVAL OF MATCHING CONTRIBUTIONS UNDER APPLICATIONS BY ELIGIBLE PERSONS UNDER THE PROGRAM, SETTING FORTH ADDITIONAL DETAILS IN RELATION TO THE PROGRAM, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE PUBLIC HEARINGS 14 The Council held a public hearing and considered amending the Thoroughfare Component of the Denton Mobility Plan to eliminate Westward Drive as a collector street between Northway Drive and Bonnie Brae Street Dave Salmon, Interim Director of Englneenng and Transportation, stated that the apphcant for the amendment was the Immaculate Conception Cathohe Church The applicants were proposing to build a church and day school at the site near the Intersection of Bonnie Brae and Windsor The site had an existing planned development zoning district that indicated an extension of Westward Drive to Bonnie Brae This street was also shown as a collector street on the Mobility Plan The applicants had proposed not to build the street They considered it an unnecessary expense There was neighborhood support for not extending Westward Drive He stated the Council had four options Option 1 was to amend the Thoroughfare Component by deleting Westward Drive as an extension Option 2 would be to leave the Mobility Plan as it existed Option 2A would be to leave the Mobility Plan as it existed with the extension of Westward Drive Option 2B would be to leave the Mobihty Plan as it existed and include a jog to the south Option 3 would be to amend the MobIhty Plan by moving the extension of Westward Drive further to the south, which would provide a collector street out to Bonnie Brae He stated that staff recommended leawng the Moblhty Plan as it existed with a connection out to Bonnie Brae Mayor Pro Tem Beasley opened the public hearing John Adaml stated that he was a member of the joint building committee for Immaculate Conception Church He stated they wanted an amendment to the plan to eliminate the development requirement on their tract The following individuals spoke on the Issue Joyce Poole, 3021 N Bonme Brae, stated she was in opposition to staff's recommendation She recommended that traffic coming out of the church driveway only be allowed southbound - not northbound Ed Gonzalez, 2118 Westvlew Trail, in support to eliminate the Westward Drive collector street City of D~nton C~ty Council Minutes January 16, 2001 Page 5 Gene Price, 725 Chlsolm Trml, spoke in support of exten&ng Westward Drive Mayor Pro Tern Beasley closed the pubhc hearing The following ordinance was cons~demd NO 2001-036 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 BY DELETING WESTWARD DRIVE AS A COLLECTOR STREET FROM NORTHWAY DRIVE EAST TO BONNIE BRAE STREET, PROVIDING A SAVINGS AND A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE Cochran motioned, Young seconded to approve the amendment with Option 1 which would amend the Thoroughfare Component by deleting Westward Drive as an extension On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", and Young "aye" Motion camed unammously 6-0 ITEMS FOR INDIVIDUAL CONSIDERATION Item #8 was considered Tom Shaw, Director of Materials Management, stated them had been some questions about Frazler, Inc and their certfficatton and whether they were considered a manufacturer, converter, or dealer E~ther way the State of Texas had advised Frazler, Inc that they had to sell their product through a licensed motor vehicle dealer m the State of Texas If council approved this item, the purchase order would be rewsed to show Jack Roach Ford, Houston, Texas City Attorney Herb Prouty stated the Council could approve the lnterlocal agreement and amend the ordinance so that ~t was not authonmng the City Manager to enter into a contract with Framer NO 2001-037 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF CEDAR HILL FOR THE PURCHASE OF GOODS AND SERVICES, INCLUDING AMBULANCES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE Durrance motioned to approve the lnteflocal agreement and amend the ordinance so that it was not anthonzmg the C~ty Manager to enter into a contract with Frazler, Young seconded On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion carried unammously 6-0 City of Denton C~ty Council Minutes January 16, 2001 Page 6 15 The Council considered approval of a resolution adopting the C~ty of Denton's 2001 State Legislative Program for the 77th Legislative Session of the Texas Legislature, and providing an effective date C~ty Attorney Herb Prouty stated that the Council could adopt the plan as presented or adopt the plan without the TML priorities or make changes m the priorities or the plan He also pointed out some typographical errors The following resolution was considered NO R2001-002 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2001 STATE LEGISLATIVE PROGRAM, AND PROVIDING AN EFFECTIVE DATE Krlstoferson motioned to approve the resolution and the plan as presented, Durrance seconded Councd Member Burroughs suggested that ~f the resolutmn passed unanimously, it should be amended to state that Prouty asked ~f they wanted to ~nclude the signatures of all of the Counml Consensus of the Council was that if the resolution passed unanimously to amend it to reflect that and to ~nclude the signatures of all of the Council On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion carried unanimously 6-0 16 Consider nominations/appointments to the City's Boards and Commissions There were no nominations/appointments made at this meeting 17 New Bus~ness Council Member Cochran asked that a number of revisions to the Comprehensive Plan Zoning Map specffically affecting some nexghborhoods ~n Dxstnct 3 and District 1 in the Downtown University Core area and in some areas north of Scnpturo, between Umverslty Drive and M~ngo, be brought before the Council for a vote Mayor Pro Tern Beasley reminded the Council that they would be cleaning their Adopt-a-Spot thxs Saturday at 10 a m weather permitting 18 Items from the City Manager Cxty Manager Jez did not have any ~tems for Council City of Denton City Council Minutes Janrm._ry 115, 2001 Page 7 19 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 20 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act With no further business, the meeting was adjourned at 8 10 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 23, 2001 After determimng that a quorum was present and convemng in an Open Meeting, the Clty Council convened in a Closed Meeting of the Oty of Denton City Council on Tuesday, January 23, 2001 at 5 15 p m m the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durrance, and Knstoferson ABSENT Council Member Young 1 The Council considered the following in Closed Meeting A Consultation w~th Attorney - Under Tex Gov't Code Section 551 071 1 Discussed w~th the City's attorneys the legal requirements for awarding the architect's contract for the Central F~re Station under the Professional Services Procurement Act and other apphcable laws under circumstances where llt~gatIon may be reasonably contemplated and the possible legal effects of such award, ~nclud~ng the effect on pending litigation entitled Munwtpal Adrmmstrattve Servtces, Inc v Ctty of Denton currently on appeal from a decision of the 367th D~stnct Court of Denton County, Texas as Cause No 99-50263-367, where to discuss these matters In public would conflmt with the duty of the City's attorneys to the C~ty Council under the Texas Dlsc~phnary Rules of Professional Conduct of the State Bar of Texas 2 Considered and daseussed status of pendang lmgation styled Muntc~pal ,4dmtmstrattve Servtces, Inc v Ctty of Denton, Cause No 99-50263-367, on appeal from the 367th Dastnct Court of Denton County, Texas Work Sessmn of the City of Denton C~ty Council on Tuesday, January 23, 2001 at 6 00 p m m the Council Work Session Room m City Hall 1 The Council received a report and held a d~scussion regarding an update of the status of the 1-35E Major Investment Study (MIS) from John Nguyen, P E, of the Texas Department of Transportation John Nguyen, Texas Department of Transportation, presented an update on the status of the 1- 35E Major Investment Study The study had been imtiated to analyze transportation improvements on 1-35E, from the State Highway 121 Bypass in Lewisvalle to U S 380 in Denton The project being analyzed included expansion of 1-35E in Denton to eight mowng lanes (4 In each d~rectlon) and six frontage lanes (3 ~n each d~reet~on) The study would evaluate the impacts, feasibility, and estimated costs of the project 2 The Council received a report, held a dlscuss~on and gave staff direction regarding the process to select an architect to design the new Central F~re Station Ross Chadwmk, Fire Ctuef, stated that at the Council meeting of January 9th, Council requested further reformation on the selection of an architect for the design of Central Fire Stataon He reviewed the selection process as noted m the agenda back-up materials City of De~ton City Council Minutes January 23, 2001 Page 2 Mayor Brock suggested to start the process over again and to have more Council partmlpat~on m the process Council Member Krlstoferson motioned to start the process with the four finalists and add two Council Members to the end process of the evaluation Mayor Pro Tern Beasley motioned an amendment, Mayor Brock seconded to expand the committee to anelude two Council Members, a member of the Historical Landmark Commms~on and an addxt~onal member of the Fire Service who had a long h~story w~th the Department On roll vote on the amendment offered by Mayor Pro Tem Beasley, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "nay", and Mayor Brock "aye" Motion earned w~th a 4-2 vote On roll vote on the main motion as amended, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye" Motion earned unammously Consensus of the Council was to include Council Members Burroughs and Cochran on the committee Item #6 was considered 6 The Council received a report, held a discussion, and gave staff direction regarding a summary of pubhc comments received ~n response to meetings and open houses held for the review of the City of Denton Draft Development Code project Mayor Brock felt that there was a problem with the proposed schedule and felt that the all day Council work sesmon should be before the Planmng and Zoning Commission meeting She suggested holding the work session on February 2nd Consensus of the Council was to hold the work session on February 2na Doug Powell, Director of Planning and Development, presented an update to the Council on the status of the Development Code Process and a report on the comments and requests received from the pubhc dunng the community rewew process as noted ~n the agenda materials Issues for Council consideration mcluded protecting ex~stlng s~ngle-famfly neighborhoods within the Plan and the Downtown Umverslty Core District Consensus of the Council was to make any changes ~n the map and plan would be made at the February 2nd meeting 3 The Council received a report, held a discussion, and gave staff d~rectlon regarding the draft scope of work for the City of Denton Faclhtles Master Plan Dave Hill, Assistant C~ty Manager for Development Services, stated that as part of the approval of the 2000-01 budget, Council reserved funding to conduct several master plans One of these projects was ~dentffied as the Faclhtles Master Plan A Request for Proposal was prepared and sent out to more than 20 consultant firms Seven firms or consultant teams responded and ~ntervlews were held with slx firms Based on those interviews, staffchose the firm of Hellmuth, City of Denton City Council Minutes January 23, 2001 Page 3 Obata and Kassabaum (HOK) as the consultant for the project HOK had presented a scope of work and budget as noted m the agenda materials Staffwas recommending approval of the draft scope of work and budget and would prepare a contract for the project based on that ~nfonnat~on Consensus of the Cotmcd was to proceed as recommended by staff 4 The Councd received a report, held a discussion, and gave staff d~rectlon regarding the draft scope of work for the C~ty of Denton Open Space Master Plan Dave Hill, Assistant City Manager for Development Services, stated that staff was recommending the firm of Fregonese Calthorpe Assocmtes to prepare an open space master plan An open space master plan would grade implementation efforts regarding the location and use of open space in Denton and to develop an open space acqmslt~on strategy The firm was selected based on qualifications, knowledge of Denton and a thorough understanding of the Denton Plan ginned through involvement ~n the Denton Development Code project Consensus of the Cotmcd was to proceed with the development of the contract for consideration 5 The Council received a report, held a d~scuss~on, and gave staff d~rect~on regarding the draft scope of work for the City of Denton Downtown Master Plan Doug Powell, D~rector of Planning and Development, stated that Council had d~rected staff to pursue the development of a Downtown Master Plan The goal of the plan was to follow up on the work being completed for the new Development Code and to ~mplement a major objective of the Denton Plan Fregonese Calthorpe Assocmtes was selected based on qualifications, knowledge of Denton ginned through mvolvement ~n the Denton Development Code project and because the Development Code would affect the downtown significantly Staff recommended preparation of a consultant serwces contract w~th Fregonese Calthorpe Associates to prepare a Downtown Master Plan, based on the proposed scope of work Consensus of the Council was to proceed w~th the recommendation by staff 7 The Council received a report, held a d~scusslon, and gave staff d~rectlon regarding a proposed revision to Chapter 27, Article III, of the Code of Ordinances regulating vebacles for hire J~m Bryan, Business Area Coordinator for the Denton Pohce Department, stated that staff had determined that the current ordinance regulating vehicles for h~re had many areas that needed to be rewsed to be prepared for the projected growth of the city and to protect the safety and security of mtazens He rewewed the proposed changes as noted ~n the agenda materials Councd Member Cochran expressed a concern regarding the Implementation of a dress code Consensus of the Council was to proceed w~th the drtfft~ng of the ordinance 8 The Council received a report, held a d~scusslon, and gave staff direction regarding proposed rews~ons to Section 20-1 of the Code of Ordinances regulating no,se City of Donton City Council Mmutes January 23, 2001 Page 4 Scott Fletcher, F~eld Operations-East of the Denton Pohce Department, stated that there had been an ancrease m the number of loud music complaints, spemfically related to musm and bands at various bars/clubs, and from vehicles dnmng ~n neighborhoods In add~taon to these ~ssues, there was a long-standing nome ~ssue related to the North Texas State Fmrgrounds and the annual Fry Street Fmr Staff was dlrectod to research ordinances used ~n other Texas reties to determane possable optaons to address these issues He rewewed the current ordinance provisions and a synops~s of the possible optaons as noted m the agenda materials Consensus of the Council was to proceed w~th the staff recommendataon 9 The Councd receaved a staff report, held a dmcussaon, and gave staff dlrectaon regarding a proposed ordanance regulating junk dealers m secondhand merchandise Gflhs Hammett, Detect~ve-Specml Crimes Umt of the Denton Police Department, stated that the proposed orrhnance would require all businesses that purchase merchandise from lndlwduals to mmntmn records of the transactions and pmvade mformataon to the Pohce Department in basically the same manner that apphed to pawnbrokers under the regulations of the Office of Consumer Credat The orchnance would fill an ex~stang gap ~n the law that allowed for the undetected sale of stolen property to the businesses The resulting anformataon would slgmficantly increase the Pohce Department's abd~ty to adentafy andavaduals anvolved an burglaries and thefts and assist m the recovery of stolen property Consensus of the Council was to proceed with the proposed ordinance 10 The Council received a report, held a d~scusmon, and prowded staff d~rect~on concerning sohd wasto servme, waste m~nlmlzataon, and curbslde recychng plans Charhe Watkms, Director of Sohd Waste, stated that a five year ms,dentrol sohd waste plan had been developed m 1995 and was updated m 1997 He rewewed the provasaons of that plan and ~ndacated that staff was recommendang adoption of the five-year plan as proposed Council suggested looking at the costs involved an contracting out the services for curbs~de recychng and to proceed wath the proposed development of an IPC 11 The Council receaved a report, held a dlscussaon and provaded staff dlrectaon concerning L~tter Reductaon and Aesthetm Enhancements Charhe Watkdns, Director of Sohd Waste, presented htter reduction and aesthetm enhancement recommendations as noted an the agenda materials Consensus of the Councd was to proceed wxth the staffrecommendatmns 12 The Council receaved a report, held a dascussmn and prowded staff darectaon concemang the constmctmn schedule for the Lake Ray Roberts Water Treatment Plant ProJect Tam F~sher, Assastant D~rector of Water Ut~ht~es, stated that the schedule that was adopted regarding the constructmn schedule for the Lake Ray Roberts Water Treatment Plant ProJect needed to be rewsed prior to going out for b~ds on the project C~ty of Denton City Council Minutes January 23, 2001 Page 5 Consensus of the Cotmcfl was to proceed w~th recommendation of staff 13 The Council received a report, held a d~scuss~on and gave staff d~rect~on concerning adm~mstratlve procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant ProJect T~m Fmhor, Assistant D~rector for Water Utilities, stated that the Lake Ray Roberts Water Treatment Plant project was neanng the b~ddmg stage and staff was working w~th the englneenng consultant Consensus of the Cotmcfl was to follow staff recommendation With no further business, the meeting was adjourned at 12 40 a m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 24, 2001 Joint Meeting of the Clty of Denton Clty Council and the Denton County Commissioners Court on Wednesday, January 24, 2001 at 12 noon xn the Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durrance and Knstoferson ABSENT Council Member Young 1 Mayor Brock called the Council to order and announced a quorum was present 2 The Council received a report, held a discussion and gave staff direction regarding the following transportation items a Mass traneportatlon/comn~uter rail b 1-35 Comdor c Thoroughfare Plan Update d TXDOT e Joint C~ty/County ProJects f Maintenance of jointly owned roads g Future opportunities Dave Hill, Assistant City Manager for Development Services, reviewed the above items John Polster, Denton County, presented an update on the County's transportation issues Council Member Durrance lef~ the meeting 3 The Council received a report, held a discussion and gave staff direction regarding the following economic development items a Joint Tax Abatement Committee b Texas Instrument Bufldmg c CDD's Linda Rathff, Director of Economic Development, presented an update on the joint Tax Abatement Committee and the Texas Instrument Bmlding Cotmcfl Member Cochran lef~ the meeting 4 The Cotmcfl received a report, held a dlscuss~on and gave staff direction regarding the following development related issues a Development m the ETJ Judge Scott Anney reviewed current developments in the ETJ 5 The council received a report, held a discussion and gave staff direction regarding the following items related to the downtown Square a Parking on the Square b Ammal Control Ordinance c Events held on the Square City of Denton City Council Minutes January 24, 2001 Page 2 Gary Matheson, Pohce Chief, reviewed the ~ssues regarding parking on the Square The County requested that the C~ty work with them to try and ease parking regulations on court day as many County employees were recelwng parking tickets when attending Court Consensus of the Council was to work with the County towards a solution for the parking problem dunng Court days Joanle Housewnght, Captmn-Denton Police Department, reviewed the provisions of the revised Animal Control Ordinance Council Member Knstoferson left the meeting With there no longer being a quorum, m~nutes were no longer taken Jennifer Walters City Secretary C~ty of Denton, Texas AGENDA INFORMATION SHEET AGENDA DATE' February 6, 2001 DEPARTMENT. L~brary System ACM' Kathy DuBose, Fiscal and Mumclpal Serv]ces~ SUBJECT An ordinance authorizing the Mayor to enter into an Interlocal Cooperatton Agreement wah Denton County for hbrary serwces, and providing an effecttve date BACKGROUND: Interlocal agreements between the City of Denton and the County of Denton for hbrary serwces have been ~n effect since FY 1985-86 Under the auspmes of each agreement, the Denton Pubhc Library System agrees to promde a full array of hbrary servmes, free of charge, to all resxdents of Denton County The Denton Pubhc Lxbrary System will serve approximately 21,727 hbrary users who hve outside the Denton mty hmxts tfus contractual year (FY 2000-2001) These Denton County residents will d~rectly benefit from the Interlocal Agreement as they recetve the same hbrary pnwleges as do C~ty of Denton residents While the level of County funding has never allowed the C~ty of Denton to fully recover the cost of prowdlng hbrary serwces to out-of-city hbrary users, the C~ty has nonetheless contxnued to provide library serwces to County residents PRIOR ACTION/REVIEW (Courted, Boards, Commission). The Denton Cxty Council has entered into an Interlocal Agreement with Denton County for hbrary servtces for the past fifteen years and the Denton L~brary Board eonUnues to support the library system's efforts to provide free hbrary service to all residents of Denton County FISCAL INFORMATION: The C~ty of Denton will again receive $1 25 per capita funding for thc second year m a row Th~s per capita amount is up from the $1 20 received ~n FY 1998-99 Thc total Denton County allocatmn of $134,971 is based upon North Central Texas Counml of Governments (NCTOG) population figures and includes $10,000 ~n matching funds The allocation total is payable m equal quarterly ~nstallmcnts Respectfully submitted Eva Poole Director of Libraries 2 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, both the City of Denton and Denton County are pohtlcal subdlws~ons of the State of Texas that are anthonzed to enter mto ~nterlocal contracts under TEX GOV'T CODE, ch 791 and TEX LOCAL GOV'T CODE, ch 323, and WHEREAS, the City Council deems it m the pubhc interest to enter into thru mterlocal contract wlth Denton County to provlde hbrary services for Denton County, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS ~E~TION 1 That the Mayor, or m her absence, the Mayor Pro Tern, m authorized to execute an Interlocal Cooperation Agreement for Library Services with Denton County substantmlly in the form of the contract which is attached hereto and made a part of th~s ordinance for all purposes SECTION 2 That this ordinance shall become effective ~mmedmtely upon 1ts passage and approval 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 F \shared~dept\LGL\Our Documents\Ordlnances\00\County L~brary Agreement doc STATE OF TEXAS, ) ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between Denton County, a political subdivision of Texas, hereinafter referred to as "COUNTY,', and the City of Denton, a municipality of Denton County, Texas, hereinafter referred to as "MUNICIPALITY " WHEREAS, COU~TY 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, the City of Denton is a duly organized MUNICIPALITY of Denton County, Texas engaged in the provision of l~brary serv1ce and related services for the benefit of the citizens of MUNICIPALITY, and WHEREAS, both MUNICIPALITY and COUNTY are legally authorized to perform individually the functions or services set forth in this Contract in full compliance with V T C A , Local Government Code § 791 011(e) (2), and WHEREAS, CO%TNTY has requested and MUNICIPALITY has agreed to provide library services for all residents of Denton County, and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V T C A , Government Code Chapter INTERLOCAL COOPERATION AGREEMENT LIBRARY SERVICES 2000-200t CITY OF DENTON 791, the Interlocal Cooperation Act, and V T C A , Local Government Code Chapter 323, COUNTY Libraries NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows I The term of this agreement shall be for the period from October 1, 2000 through September 30, 2001 II For the purposes and consideration here~n stated and contemplated, ~g~NICIPA~ITY shall provide library services for the residents of COUNTRY wlthout regard to race, religion, color, age, dlsabll~ty and/or national orlgln Upon proper proof by Indlvldual(s) of residence in Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a library card to be used ~n connectlon w~th said llbrary services l~%l~ICIPA~ITY shall develop and maintain through the L~brary one or more of the following programs of service Educational and readlng ~ncentlve programs and materials for youth Functlonal llteracy materlals and/or tutoring programs for adults Job tralnlng/career development programs and/or materlals for all ages Outreach servlces to el~mlnate barriers to llbrary serx~lces Educational programs designed to enhance quality of llfe for adults INTERLOCALCOOPERATIONAGREEMENT 2 LIBRARYSERVICES2000200t CITY OFDENTON III CO%EIT¥ designates the County Judge to act on behalf of COUNty and serve as liaison officer for COUNTY with and between COUNTY and ~fUNICIPALIT~ The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this agreement, and shall provide immediate and direct supervision of COUNT¥'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 COUNT~ and MUNICIPALITY IV MUNICIPALITY shall desIgnate Director of L~brary Services to act on behalf of MUNICIPALITY and to serve as liaison officer of MUNICIPALITY with and between MUNICIPALITY and COUNTY to Insure the performance of all duties and obligations of MUNICIPALITY as herein stated and shall devote sufficient time and attentIon to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this agreement, and, shall provide management of MUNICIPALITY,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 MUNICIPALITY and COUNTY INTERLOCAL COOPERATION AGREEMENT 3 LIBRARY SERVICES 2000-2001 CiTY OF DENTON ~JNICIPALITY shall provide to COUNTY a copy of the annual report submitted to the Texas State Library and shall respond to COUNTY's annual questlonna~re as documentatIon of expenditures and provision of service V The ~UNICIPALITY shall be solely responsible for all techr~lques, sequences, procedures, and means and for the coordlnatmon of all work performed under the terms and condltmons of this agreement, shall ~nsure dedzcate and devote the full tlme and attentzon of those employees necessary for the proper execution and completion of the dutles and obllgatzons of the MUNI~Ii~ALITY stated ~n th~s agreement and g~ve all attention necessary for such proper supervisIon and direction VI The MUNICIPALITY agrees that ~ts l~brary department shall assume the functions of a COIINTY library and agrees to provide a l~brar~an who holds or secures a COUNTY llbrar~an's certificate from the Texas State Library and Archives Commission Local Government Code, section 323 011 {b) VII COUNTY agrees to ,and accepts full responsibility for the acts, negligence and/or om~sslons of all COUNTY's employees, agents, sub-contractors, and/or contract laborers and for those of all other persons doing work under a contract or agreement w~th the COUNTY VIII INTERLOi~AL COOPERATION AGREEMENT 4 LIBRARY SERVICES 2000-2001 CITY OF DENTON The ~'NICIPALIT¥ agrees and accepts full responsibility for the acts, negligence, and/or om!sslons of all the MUNICIPALITY,s employees, agents, sub-contracts, and/or contract laborers, and for those of all other persons doing work under a contract or agreement w~th sa~d ~fUNICIPALIT¥ IX This agreement is not intended to extend the liability of the part~es beyond that provided by law Neither ~%'NICIPALIT¥ nor COUNT~ waaves any immunity or defense that would otherwise be available to at against claims by third parties X ~/~ICIPA~IT¥ understands and agrees that the MI~NICIPALIT¥, · ts employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representataves of COU~TX XI CO%l~X understands and agrees that COUI~T¥, ~ts employees, servants, agents and representatives shall at no t~me represent themselves to be employees, servants, agents, and/or representatives of ~UNICIPALIT¥ XII The address of Co~ty as County Judge, Denton County 110 West Hackory Denton, Texas 76201 Telephone 940-565-8687 The address of Municipality ~s City of Denton 215 East McK~nney INTERLOCAL COOPERATION AGREEMENT 5 LIBRARY SERVICES ~00~001 CI~ OF DENTON Denton, Texas 76201 Attention Director of Library Services Telephone 940-349-8200 XIII For the full performance of the services above stated, COUNTY agrees to pay MUNICIPALITY fees as described herein COUNTY shall pay MUNICIPALITY fees in the amount of $1 25 per capita, for a total of ONE HUNDRED TWENTY-FOUR THOUSAND NINE HUNDRED SEVENTY-ONE DOLLARS AND N0/100 ($124,971.00), based upon North Central Texas Council of Governments population figures provided to Denton County by the Library Advisory Board, payable in equal quarterly installments to MUNICIPALITY commencing October 1, 2000 In addition, the COUNTY agrees to pay MUNICIPALITY an amount not to exceed TEN THOUSAND DOLLARS ($10,000) in matching funds upon the following conditions MUNICIPALITY shall attempt to secure funding from sources other than Denton County Upon receipt of additional funding, MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis Denton County shall match MUNICIPALITY,s additional funding in an amount not to exceed $10,000.00 Payment by COUNTY to MUNICIPALITY shall be made in accordance with the normal and customary processes and bus.ness procedures o~ COUNTY, and payment shall be satisfied from current revenues of the COUNTY XIV This agreement may be terminated at any time, as stated in Local Government Code 323 011 ( c ), by e~ther party giving slx (6) months advance written notice to the other party In the INTERLOCAL COOPERATION AGREEMENT LIBRARY EERVlCEB 2000~00t 6 CI~ OF DENTON event of such termlnat~on by elther party, ~IINICIPALIT¥ shall be compensated pro rata for all services performed to termination date, together w~th reimbursable expenses then due and as authorized by th~s agreement In the event of such termlnat~on, should MUNICIPALITY be overcompensated on a pro rata bas~s for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by th~s agreement, then COUNTY shall be reimbursed pro rata for all such overcompensat~on Acceptance of such reimbursement shall not constltute a wazver of any claim that may otherwise ar~se out of th~s agreement XV Th~s agreement represents the entire and ~ntegrated agreement between ~IINICIPALI~"~ and COUNTY and supersedes all prior negotiations, representations and/or agreements, e~ther written or oral Thzs agreement may be amended only by written znstrument s~gned by both ~I~NICIPALIT¥ and COUNTY XVI The valmd~ty of th~s agreement and any of ~ts terms or provisions, as well as the rzghts and dutzes of the part~es hereto, shall be governed by the laws of the State of Texas Further, th~s agreemen~ shall be performable and all compensation payable in Denton County, Texas XVII In the event that any portion of th~s agreement shall be found to be contrary to law, zt Ks the intent of the partles INTERLOCAL COOPERATION AGREEMENT 7 LIBRARY SERVICES 2000-2001 CITY OF DENTON hereto that the remaining portzons shall remazn valid and zn full force and effect to the extent posszble XVIII The undersigned officers and/or agents of the part~es hereto are the properly authorized officials and have the necessary authority to execute thls agreement on behalf of the part~es hereto and each party hereby certifies to the other that any necessary orders or resolutions extending sa~d authority have been duly passed and are now in full force and effect INTERLOCAL COOPERATION AGREEMENT 8 LIBRARY SERVICES 2000-200'1 CITY OF DENTON Executed on , 2001 in duplicate originals in Denton County, Texas by the authorIzed representatives COUNTY MUNICIPALITY By BZ Scott Armey Eullne Brock County Judge Mayor Acting on behalf of and by the authority of the Commissioners Resolution # Court of Denton County, Texas Dated ATTEST ATTEST By By Denton County Clerk C~ty Secretary APPROVED AS TO FORM APPROVED AS TO FORM Assistant Dmstrlct Attorney City Attorney Herbert L Prouty APPROVED AS TO CONTENT Director, Library Services INTERI. OGAL COOPERATION AGREEMENT g LIBRARY SERVICE8 2000-2001 CITY OF DENTON AUDITOR'S CERTIYICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County, Texas under this contract James Wells, Denton County Auditor ~,genda item AGENDA INFORMATION SHEET AGENDA DATE February 6, 2001 DEPARTMENT Fire Department ACM: Jori Fortune, Assistant C~ty Manager, Public Satety ~ SUBJECT AN ORDINANCE APPROVING A MEMORANDUM OF [fNDERSTANDING BETWEEN THE CITY OF DENTON AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY REGION VI ("FEMA"), TO PROVIDE FOR ALTERNATE TRANSPORTATION IN THE EVENT FEMA'S PERMANENT FACILITY 1S UNAVAILABLE IN AN EMERGENCY, AUTHORIZING THE EXPENDITURE OF FUNDS TI 1EREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROUND FEMA leqmres, as a part of their operating procedures, alternate transportatmn to another facility to continue operations in case their region headquarters is unavailable to~ occupancy The FEMA region ~n Denton covers a five-state area and needs to conduct business each day regardless of conditions ~n Denton As a result FEMA has requested alternate transportatmn ~n order to conduct business concurrently in case the regton headquarters building ~s unavailable North Lakes Park and Recreation Area is a third alternate site bebnd their two altel nate offices already established in the C~ty of Denton, RECOMMENDATION Staff recom mends that this agreement be estabhshed in ordei to allow FEMA to continue to operate concurrently should their mmn facility become unavadable PR1OR ACTION/REVIEW (Council, Boards, Commissions) This Memorandum of Understanding has been rewewed by the legal departments Ior the City of Denton and FEMA F1SCAL INFORMATION When a request is made to the C~ty of Denton, Texas, they will prowde transportatmn in the most econommal and prudent fashion FEMA Region VI wdl pay ~o~ any assocmted cost of providing this transportation EXHIBITS 1 Ordinance approwng a Memorandum of Understanding between the C~ty Fransportat~on Department and FEMA 2 Memorandum of Understanding between the City Transportation Depm tment and I' EMA Res~ly submitted 'Ross Ch~wlc~< ~~ F~re Chief Il \Intcrlocal Agreemcnts\FEMA\FEMA I ransportatlon Ordinance do~ ORDINANCE NO AN ORDINANCE APPROVINO A MEMORANDUM OF UNDERS I'ANDING BETWEEN i HE CITY OI DENTON AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY, REGION V1 ("FEMA'), TO PROVIDE FOR ALTERNATE FRANSPORTAFI()N IN THE EVENT FEMA'S PERMANENT FACILITY IS UNAVAILABLE IN AN EMLRGENCY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE FHE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty Manager or h~s designate ~s hereby authorized to execute a Memorandum of Understanding between the C~ty of Denton and the Federal Emergency Management Agency, Region VI ("FEMA"), to provtde for alternate transpoltat~on m the event that FEMA's permanent famhty ~s unavailable m an emergency, a copy of which ts attached hereto and made a part hereof SECTION 2 The C~ty Manager or h~s designate is authorized to make the expenditures as set forth m the attached Transportation MOU SECTION 3 Th~s ordinance shall become effective ~mmediately upon ~ts passage and approval PASSLD AND APPROVED th~s the day of ,2001 EULINE BROCK, MAYOR A'! TEST IENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY I¥IE3fORANDLII~ 0~ UNDERSTANDING DENTON PLIBLI¢ TRANSPORTATION Federal Emergency Hanagement Agency Region VI and City of Denton, Texas The following Memorandum of Understanding (MOU) sets forth tile terms of an eme~ gency action plan belween the Federal Emergency Management Agency (FEMA) and the £hty ot Denton, Texas (DENTON), with regard to lmplementatton of the FEMA Region VI ~ onttnarty of Operanons (COOP) Plan I. Purpose of &lOLl The purpose ol this MOU is to establish a plan of action for the parties as they relate to a COOP situation, which would cause Region VI personnel to operate in an alternate facility, and to memorialize an offer to reimburse DENTON's expenses, which offer may be accepted only by DENTON's umlateral substantial performance of the tasks described herein Notwithstanding DENTON's p~ csent expressed intention to follow this plan as stated~ it is understood by all parties that DENTON may be unwilling or unable to carry out these tasks as contemplated, and that no legal m eqmtable penalty or remedy, nor any incidental or consequential damages, are anticipated or bargmned for ~n the event that DENTON chooses, for whatever reason, not to accept the offc~ trader the circumstances contemplated herein I II. Duration of 3fO~l lYhe MOU is merely an offer by FEMA to reimburse expenses incurred by DENTON ~vh~ch may be accepted by DENTON's unilateral substantial performance of the anticipated tasks As such, this offer to rennburse becomes effective upon signature of both semor management oliimals and shall remmn m effect until one, or both, part~es cancel, m accordance with the terms set forth herein However, it is understood that no legally enforceable contractual rights o2 eqmtable enforceable promissory rights arise under the MOU, unless and unttl DENTON accepts the offer by ~ts substanual performance of the ant~mpated tasks IlL Program Description COOP is a program whereas the FEMA Region VI personnel must be capable of ope~ attng on a continual basts even if the facility currently being occupied ts umnhabttable ID this instance, Region VI pet sounel would have to be available to provide direction and guidance to thmr 1 ~epresentatlve states dunng emergency declaratmns To do so, transportation to an alternate [aclhty must be made avadable !1~. tTener~l Provisions It is understood by both senior management officials that each agency should be capable ol lulfilhng its p~ cscnbed plan of action under this MOU If at any t~me e~ther pmty ~s unable to perform ~ts planned functions under th~s MOU, the affected party shall ~mmed~ately p~ owde notice to the olher V. Responsibilities of the Parties Under Plan In conslderatmn of the mutual roms and desires of the parties to this MOU, tbe C~ty ol Denton, fexas, and Region VI plan as follows A. Ot~, of Denton, Texas plans to: (1) Provide transportation to Region VI personnel during COOP s~tuations w~t the most economical, but prudent, manner available (See Note) (2) Provide prmnty routing of transport vehicles, ~f possible Routing may have to be wo~ ked through the Inmdent Commander (F~re or Pohce), depending on thc situation causing the evacuation of the Region VI facdity (3) Provide an emergency contact number for making this request B. $1tould DENTON accept the offer to reimburse bg Jts unilateral substantial performance, Re~Jon VI a~rees to: (1) Provide a management hsting of personnel who cad authol~ze acttvation o l th~s M()U (2) Kef p vehicles neat and clean (3) Fol Iow c~ty-estabhshed rules for parking and fac~hty entry (4) If vducles must be rented, take appropriate care o~ such and l etmn them m a tin, ely (5) Provide a purchase order number for authorization of transportatmn vehicles NOTE Accommodations for approximately 44 personnel will need priority transportation to one of three alternate facilities Addit~onal transportation may be necessary to ensure 2 that employees get home if their vehicles cannot be moved and will be completed with the assistance o! the Emergency Operations Center VI, Allocation of Costs As stated above, when a request ~s made to the City ot Denton, Texas, they may pmwde transportation m the most economical and prudent fashion Should DENTON do so, I FMA Region VI will pay for any associated cost of providing this transportation VII. Amendment or Cancellation of Offer Th~s offer contained in this MOU may be amended or cancelled at any tune by eithei the City of Denton, Texas or Region VI APPROVED' Fhe undersigned parties do not bind themselves to the fmthful performance ot this plan at this t~me, howeve~ it is presently the intention of the parties to proceed ~n this fashion, should the need arise It is mutually understood that and agreed that, even upon approval ot both parUes, this plan shall not become an enforceable contract, except that, tot conslderatmn of D I NTON's performance, I EMA's agreement to reimburse costs shall become a legally binding contractual obhgat~on, eflcctlve upon DENTON's acceptance of the terms stated herein by DEN~I ON's substantial pe~ lormance City of Denton, Texas Federal Emergency National Management Agency Region VI By By Michael W lez R L "Buddy" Young City Manager Office o? the Regional Dnector Date Date su cT An ordinance of the C~ty of Denton, Texas anthonzmg the C~ty Manager to execute a professmnal services agreement with Teague, Nall and ?erk~ns, Inc, for engmeenng and surveying serwces pertmmng to the constmctmn of the McCorrmck channel ~mprovements, anthonzmg the expenditure of funds therefore, and providing an effective date BACKGROUND The drmnage channel located south of Wlllowood Drive and west of McCorrmck has experienced severe eromon over the last 5 to 10 years The City has constructed a concrete channel for the bottom and s~de slopes on a portion of the channel for approximately 600 feet The remmnder of the channel has a 10 to 12 feet concrete bottom only It ~s m ttns area that erosion has occurred and in some areas the scour hole near the concrete bottom is approximately 3 to 4 feet deep In order to resolve the erosion problem, an enloneenng study will be performed to analyze how to reduce excessive velocities Several methods to reducing erosion include constructing drop structures, concrete hmng, decreasing the slope of the bottom and wldemng the channel to slow down the water velocmes Some of the alternatives may reqmre additional easements Professional Servmes for this project consists of two phases Phase I will be a study phase mcludang data acqmmtlon and rewew and field surveying m support of computer modeling and analysis of various channel improvement altematlves Following the study phase, the engmeer will prepare a prehmmary and final set of constmctlon plans along w~th negotiating a permit and mitigation plan for the US Army Corps of Engineers 404 Wetlands regulations Construction of channel Improvements wall help reduce eromon and mamtenance costs expended by the C~ty FISCAL INFORMATION The Capatal Improvement Plan for FY2001 includes $450,000 for McConmck Channel Improvements Respectfully submitted Jim Coulter D~rector of Water and Wastewater Utdltles Prepared by Dale Hoelting, P E (,t Semor Engineer - Drmnage Exhibit I Location Map II Ordinance III Contract and Scope of Work 2 ORDINANCE NO __.___------ AN ORDINANCE OF THE CITY OF DENTON, TEXAS ALrrI-IORIZING THE CITY iVIANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE, IMPROVEMENTS, AUl~t2r, x~,'~ PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Councd deems tt in the public interest to engage the firm of Teagu¢, Nall and Perkins, Inc, a Texas Corporation, of Denton, Texas ("TN&P"), to provide professional engmeenng and surveying services to the City pertmmng to the consnnctlon of the McCormtck Channel improvements, and WHEREAS, the Caty staffhas reported to the C~ty Council that there is a substantial need for the above-described professional services, and that lumted C~ty staff cannot adequately perform the services and tasks with ~ts own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the ,,Professional Services Procurement Act", generally provides that a C~ty may not select a provider of professional services on the bas~s of compet~twe bads, but must select the provider on the bas~s of demonstrated competence, knowledge, and qualifications, and for a fmr and reasonable price, and WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropriation of funds to be used for the purchase of the professional serwces, as set forth m the Professional Serwees Agreement, NOW, THEREFORE, THE COUNCIL OF ~ CITY OF DENTON HEREBY ORDAINS ~ That the C~ty Manager ~s hereby authorized to execute a Professional Services Agreement w~th Teague, Nail and Perkans, Inc, of Denton, Texas, for professional engineering and surveymg serwces pertalnmg to the McCormick Channel Improvements, m substantially the form of the Professmnal Services Agreement attached hereto and mcorporated herewith by reference SECTION 2._ That the award of tlus Agreement by the Ctty ~s on the hams of the demonstrated competence, knowledge, and quahficat~ons of TN&P and the ability of TN&P to perfom~ the profess~nnal services needed by the C~ty for a fmr and reasonable price SECTION 3_. That the expenchture of funds as provided m the attached Professmnal Services Agreement is hereby authorized SECTiON~4 That th~s ordinance shall become effective nnmedaately upon tts passage and approval 4 STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO MCCORMICK CHANNEL IMPROVEMENTS THIS AGREEMENT is made and entered ~nto as of the day of , 2001, by and between the City of Denton, Texas, a Texas Mummpal Corporation, w~th ~ts pnnmpal offices at 215 East McKmney Street, Denton, Texas 76201 (hereafter "OWNER") and Teague, Nail, and Perkins, Inc, a Texas Corporation, with ~ts offices at The Radm Center Budding, 235 West Hickory, Suite 100, Denton, Texas 76201 (hereafter "CONSULTANT"), the pames acting herein, by and through their duly-authorized representatives and officers WITNESSETH, that m consideration of the covenants and agreements here~n contained, the part~es hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts wath CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herren m connection w~th the ProJect as stated in the Articles to follow, v, qth dd~gence and m accordance w~th the professional standards customarily obtained for such servmes in the State of Texas The professional servmes set forth herein are m connectmn with the following described project (the "ProJect") Professional engineering services pertmmng to the prehmmary design and final design of, the preparanon of constmcnon plans and specifications for, geotechmcal services, 404 Wetland perrmttmg, services dunng the bidding process, the performance of related construction phase services, surveying services, and general representation dunng construction for the McCormick Channel Improvements ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services ~n a professional manner A To perform those professional services as set forth m the "Scope of Services", regarding McCorrmck Channel prepared by CONSULTANT for OWNER, which six (6) page document is attached hereto as Exlnblt "A," and is incorporated herein by reference, which document is comprised of, and subdlmded into the following two sections Study Phase (Special Services) Task I -Data Acqms~tlon / Review, Task II - F~eld Design Surveys, Task III - Modeling and Analys~s, and, Task IV - 404 Permitting Design Phase (Basle Services) Task I -Prehmmary Design, Task II - Utahty Coordination and, Task III - Final Construction Plans / Specifications, B If there is any corrflmt, or if any conflict arises between the terms of tins Agreement and Exhibit "A" attached to tlus Agreement, the terms and conditions of tins Agreement shall control over the terms and conchtmns of the Extnblt ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services or Special Services in the above-described Scope of Services, set forth as provided by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertalmng to the provision of such additional services by the CONSULTANT ARTICLE 1V PERIOD OF SERVICE This Agreement shall become effecsave upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force and effect for the period that may reasonably be reqmred for the completmn of the ProJect, incluthng Additional Services, if any, and any required extensions approved by the OWNER Tins Agreement may be sooner terminated m accordance w~th the provisions hereof Tune is of the essence m this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, substantially in accordance with the Schedule set forth m Exinblt "A" attached hereto, acting through its Assistant C~ty Manager for Utlht~es, or Ns designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as those expenses, ~f any, recurred by CONSULTANT tn the employment of others in outside firms, for services m the area of pmfessmnal engineering, of surveying, or for related services Any subcontractor or subconsultant hthng reasonably incurred by the CONSULTANT in connection with the ProJect shall be invoiced to OWNER by CONSULTANT at the actual cost plus ten (10%) pement 2 "Dncect Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of- pocket expense reasonably recurred by the CONSULTANT m the performance of tins Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduclaon expenses, out-of-pocket expenses for purchased computer tune, prudently incurred travel expenses related to the work on the Project, and snullar incidental expenses incurred m connection with the Project B BILLING AND PAYMENT For and m consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth m the Scope of Services as shown in Article II above, as follows I CONSULTANT shall perform its work on tins Project in accordance vath the provisions of those tasks included in the Scope of Services set forth m Exinblt "A" attached hereto and incorporated herewith by reference CONSULTANT shall perform the smd professional services substantially m accordance with the project schedule set forth in Extnblt "A" CONSULTANT shall be pad for services rendered pursuant to the Agreement on the basis set forth in the "Compensauon" section ofExinblt "A", billed monthly CONSULTANT shall bill from tune sheets, at the hourly rates and at the expense rates promded for m the "Summary of Fees" set forth in Exinblt "B" OWNER agrees to pay to CONSULTANT for its professmnal services performed, for its Subcontractor Expense, and for its D~rect Non-Labor, out-of pocket expenses recurred m the Project, an amount of fees and expenses totaling $61,540 2 Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities, or Ins designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (I0%) percent of the above not- to-exceed amount until satisfactory completion of the Project by the CONSULTANT 3 Nothing contained m tIns Artmle shall reqmre the OWNER to pay for any work wInch is unsatmfactory as reasonably determined by the Assistant City Manager for Utilities or ins designee, or winch ~s not subrmtted by CONSULTANT to the OWNER in compliance w~th the terms of this Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT at any Ume when the CONSULTANT is m default under this Agreement 4 It is specffically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to tins Agreement winch would require additional payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated herelnabove, wathout first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtaining prior written authonzatlon from the OWNER C ADDITIONAL SERVICES For additional services authonzed m writing by the OWNER m Article III heremabove, CONSULTANT shall be pad based on a to-be-agreed-upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be m accordance vath Article V B heremabove Statements for Basic Services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fatls to make payments due the CONSULTANT for services and expenses w~tinn s~xty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the mounts due the CONSULTANT w~ll be ~ncreased by the rate of one percent (1%) per month from and after the smd s~xt~eth (60th) day, and m add~tmn, thereafter, the CONSULTANT may, after g~vmg ten (10) days written not,ce to the OWNER, suspend services under tins Agreement until the CONSULTANT has been pa~d ~n full for all amounts then due and owing, and not d~sputed by OWNER, for servmes, expenses and charges Provided, however, notinng hereto shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth hereto, ~f the OWNER reasonably determines that the CONSULTANT's work ~s unsatisfactory, ~n accordance w~th Article V B oftbas Agreement, and OWNER has not~fied CONSULTANT of that fact ~n writing ARTICLE VI OBSERVATION AND REVIEW'OF THE WORK The CONSULTANT vnll exercxse reasonable care and due dthgence ~n d~scovenng and promptly reporting to the OWNER any defects or deficiencies m the work of the CONSULTANT or any of its subcontractors or subconsultants ARTICLE VII OWNERSItlP OF DOCUMENTS Ail documents prepared or finzushed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to tbas Agreement are instruments of service and shall become the property of the OWNER upon the termination of t.has Agreement The CONSULTANT ~s entitled to retmn cop~es of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be applicable to ti'as project and OWNER's use of these documents m other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement m another project or for other purposes than specified hereto any of the reformation or materials developed pursuant to thru Agreement, CONSULTANT ~s released from any and all hab~hty relat, ng to their use m that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide servmes to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clmm any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall mdenm~fy and save and hold hannless the OWNER and its officmls, officers, agents, attorneys and employees from and against any and all hab~la~es, claims, demands, damages, losses and expenses, including but not hmaed to court costs and reasonable attorney fees recurred by the OWNER, and including w~thout lumtatmn, damages received or susta, ned for bodily and personal injury, death, or property damage, resulting f~om, and prox. tmately caused by the neghgent acts or ormssmns of the CONSULTANT or ~ts officers, agents, subcontractors, subconsultants, and/or employees m the executmn, operatmn, or performance of t12s Agreement Notlung m ttus Agreement shall be construed to create a hab~hty to any person who ~s not a party to tb2s Agreement and nothing hereto shall wmve any of the party's defenses, both at law or eqmty, to any claim, cause of action or lltlgatton filed by anyone not a party to this Agreement, including the defense of governmental mlmurnty, which defenses are hereby expressly reserved ARTICLE X INSURANCE Dtu:mg the performance of the Services under thas Agreement, CONSULTANT shall mmntam the following insurance wath an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate Careers of at least an "A-' or above A Comprehensive General Llabil~ty Insurance with bodily injury lmalts of not less than $1,000,000 for each occurrence and not less than $I,000,000 in the aggregate, and with property damage ltrmts of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Liability Insurance wath bodily injury hrmts of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance m accordance vath statutory requirements and Employer's Liability Insurance wath lnults of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $2,000,000 annual aggregate E CONSULTANT shall furnish insurance certaficates or insurance policies to the OWNER to evidence such insurance coverage The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without at least tlurty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furmslung at least the same policy limits and coverage, to OWNER. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The partaes may agree to settle any chsputes under tlus Agreement by subrmtting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbltratmn or alternate dispute resolution ansmg out of or relalang to, ti'as Agreement revolving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notvathstandmg any other provision of tins Agreement, either party may terrmnate tins Agreement bv providing thn'ty- (30) days advance written nouce to the other party B Tlus Agreement may alternatively be terrmnated m whole or in part m the event of either party substantially fmlmg to fulfill its obhgatlons under ttus Agreement No such terrmnatlon wall be effected unless the other party is given (1) written notice (delivered by cemfied mall, retthm receipt requested) of mtent to terminate and setting forth the reasons speclfymg the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the fmlure, and (2) an opportumty for consultation with the terminating party prior to termination C If tins Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall lmmedlately cease all services upon receipt of the written notice of terrmnanon from OWNER, and shall render a final bill for services to the OWNER wltlun twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for renmbursable expenses prior to notice of termination being received by CONSULTANT, m accordance with Article V oftlus Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate m providing m.formation to the OWNER and to the new consultant If apphcable, OWNER shall allow CONSULTANT a reasonable time to transltnon and to mm over the ProJect to a new consultant CONSULTANT shall turn over ali documents prepared or furmshed by CONSULTANT pursuant to tins Agreement to the OWNER on or before the date of tenmnatlon, but may maintain copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of then: designs or other work performed pursuant to tins Agreement, nor shall such approval by the OWNER be deemed as an assumptton of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its pnnclpals, officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All nonces, commumcat~ons, and reports required or permitted under tins Agreement shall be personally delivered to, or telecopled to, or totaled to the respective pames by depositing same m the Umted States mall at the addresses shown below, postage prepmd, certtfied mall, return receipt requested, unless otherwise specified hereto To CONSULTANT To OWNER Teague, Nall, and Perkins, Inc City of Denton, Texas Gary Vmkery, P E Machael W Jez, City Manager The Radm Center Bmldlng 215 East McK2mey 235 W I-hckory, State 100 Denton, Texas 76201 Denton, Texas 76201 Fax (940) 383-8026 Fax (940) 349-8596 All notices given under tins Agreement shall be effective upon then: actual receipt by the party to whom such notace is given 10 ARTICLE XV ENTIRE AGREEMENT Tbas Agreement consisting often (10) pages and three (3) exlnablts constitutes the complete and final expression of the Agreement of the part~es and is intended as a complete and exclusive statement of the terms o£ their agreements, and supersedes all prior contemporaneous offers, prormses, representanons negot~ations, discussions, communlcatmns, understandings, and agreements which may have been made m connection with the subject matter oftlus A~eement ARTICLE XVI SEVER. ABILITY It' any provision of this Agreement is found or deemed by a court of competent JnnS&Ctlon to be mvahd or unenforceable, it shall be considered severable from the remainder of th~s Agreement, and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such smcken provision w~th a valid and enforceable provision wtuch comes as close as possible to expressing the original mtennons of the parties respecting any such stricken provision ARTICLE XVlI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In perforrmng the services required hereunder, the CONSULTANT shall not discriminate agasnst any person on the basis of race, color, rehgmn, sex, national ong~n or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at ~ts own expense all personnel reqmred to perform all the services required under ttus Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately reform the OWNER m writing of any confhct of interest or potential conflict of interest that CONSULTANT may discover, or Much may arise dunng the term of this Agreement B All services required hereunder will be performed by CONSULTANT or under its chrect supervision All personnel engaged m performing the work provided for m th~s Agreement, shall be qualified, and shall be authorized and perrmtted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest m tins Agreement and shall not transfer any interest ~n tins Agreement (whether by assignment, novation or otherwise) wathout the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER m writing of any change of its name as well as of any slgmficant change m its corporate structure or m xts operatmns ARTICLE XXI MODIFICATION No wmver or modlficatmn of t/ns Agreement, or of any covenant, cond~tmn, hm~tat~on hereto contmned shall be valid unless in writing and duly executed by the party to be charged therewath No evidence of any waiver or modification shall be offered or received m evidence m any proceeding arising between the parties hereto arising out of, or affecting thls Agreement, or the rights or obhgatmns of the parties hereunder, unless such wmver or modfficatmn ~s m writing, duly executed The parties further agree that the provls~ons ofthts Article will not be wmved unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exinb~ts are attached to, Incorporated herewith by reference, and ,s made a part of thts Agreement for all purposes pertinent Exinblt "A" - "Itemized Scope of S ervmes" [slx (6) page document] Exl'uint "B"- "Summary of Fees" [two (2) page document] Exinblt "C" - "Standard Rate Schedule" [one (1) page document] B CONSULTANT agrees that OWNER shall, until the exp~ratmn of four (4) years after the final payment made by OWNER under tins Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT mvolwng transactmns relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal workdng hours to ail necessary CONSULTANT facllmes and shall be provided adequate and appropriate working space m order to conduct exammattons or audits m compliance with thls Artmle OWNER shall g~ve CONSULTANT reasonable advance notice of all intended exanunatmns or aurhts C Venue of any suit or cause of actmn under tins Agreement shall lie exclusively in Denton County, Texas Tins Agreement shall be governed by and construed m accordance with the laws of the State of Texas D For purpose~ of tins Agreement, the parties agree that the ProJect Manager shall be Gary Vickery, P E Tkas Agreement has been entered into with the understanding, expectatmn, and the OWNER's rehance, that the above-stated employee of CONSULTANT shall perform all or a significant portion of the work on the Project Any proposed changes regarding the change of the ProJect Manager or other key personnel serving the OWNER on t/ms ProJect, requested by CONSULTANT, respecting one or more of the above-stated employees, shall be subject to the approval of the OWNER, winch approval the OWNER shall not unreasonably wutb_hold Nothing hereto shall Imut CONSULTANT from using (~ther quahfied and competent members of its fLrrn to perform the other me,dental services 12 reqmred 15ere~n, under ~ts supervision or control E CONSULTANT shall commence, carry on, and complete ~ts work on the Project w~th all apphcable d~spatch, and m a sound, economical, efficient manner, and m accordance wuth the provisions hereof In accomphshmg the ProJect, CONSULTANT shall take such steps as are appropriate to ensure that the work revolved ~s properly coordinated w~th any related work being camed on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's d~sposal all avmlable mformatmn pemnent to the ProJect, including prevmus reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter m or upon, pubhc and pnvate property as reqmred for the CONSULTANT to perform professmnal services under th~s Agreement OWNER and CONSULTANT agree that CONSULTANT ~s entitled to rely upon ~nformat~on furmshed to ~t by OWNER w~thout the need for further mqmry or mvest~gatmn into such mformat~on G The capuons oftlus Agreement are for ~nformat~onal purposes only and shall not ~n any way affect the substantive terms or conditions ofth~s Agreement IN WITNESS WHEREOF, the OWNER, the C~ty of Denton, Texas has executed tins Agreement ~n four (4) original counterparts, by and through ~ts duly-authorized C~ty Manager, and CONSULTANT has executed ttus Agreement by and through ~ts duly-authonzed undersigned officer on tins the day of ,2001 "OWNER" CITY OF DENTON, TEXAS A Texas Mumc~pal Corporation By M~chael W Jez, C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" TEAGUE, NALL, AND PERKINS, [NC A Texas Corporation ATTEST S \Our Documents\Comra¢/s\01 \Teague Nail & Perkins PSA doc 14 EXHIBIT 'A' ITEMIZED SCOPE OF SERVICES GENERAL The PROJECT wdl Involve ~mprovements to an ex~stmg channel, extending south approximately 2,000 feet from the Intersection of Wdlowwood and McCorm~ck Street The improvements wdl be designed prlmardy to reduce erosion and facdltate maintenance, and secondardy to ~mprove flood control A The following assumptions were used by the ENGINEER (Teague Nail and Perkins, Inc ) for the preparation of the scope of services for th~s project 1 We understand that the primary purpose of the project ~s to control erosion and make conditions more conducive to regular maintenance by C~ty forces Secondary Importance ~s placed on flood control In the course of the project, we wdl determine the ~mpacts of flooding on adjacent property and consider ~mprovements that w~ll enhance flood protection ~n add~bon to minimizing erosion 2 No Letter of Map Rews~on Is expected to be necessary, and accordingly ~s not ~ncluded ~n the scope of services 3 Water and wastewater utlhty relocabons are not anbc~pated, and accordingly are not ~ncluded ~n the scope of design services as prowded ~n th~s contract The ENGINEER shall obtain as-budt plans from the C~ty to verify grades and Iocabons for the design and construction of storm drain features Should the above- mentioned ubht~es require relocabons the ENGINEER will be avadable to perform such design under separate contract 4 It ~s assumed that no additional easements or nght-of-way w~ll be necessary for th~s project Accordingly, no boundary surveying, deed research or btle research ~s ~ncluded ~n th~s proposal The Agreement also does not include preparation of easements Readily ~dentlflable property monuments wdl be t~ed dunng the design survey 5 It ~s expected that a Corps of Engineers 404 permit wdl be required for th~s project The ENGINEER wdl undertake initial contact with the Corps, and prepare and submit a Pre-Construction Notification to the Corps, which ~nclude a M~t~gat~on Plan The M~tlgat~on Plan wdl be based on on-s~te m~t~gat~on only The fee ~ndmated ~n th~s Agreement ~s based on the use of a Nationwide Permit Should addlbonal or off-site m~bgatlon be required, or ~f ~t ~s determined by the Corps that an Individual Permit ~s required, those additional services wdl be outside the scope of this agreement, and wdl be rendered on an hourly basis We expect that the permit wdl require as much as nme months for processing Obviously, ~f a permit ~s not required, or ~f processing t~me varies s~gn~flcantly from that antm~pated t~me, the construction schedule wdl be ~mpacted accordingly 15 Limited geotechmcal work Is included as part of th~s Agreement Such investigations w~ll be performed by a subconsultant under contract w~th the ENGINEER The ENGINEER shall coordinate w~th the geotechn~cal consultant and review test reports and recommendations 7 Construction plans, specifications and b~d documents wdl be prepared to enable the C~ty to sohc~t and recewe b~ds from ~ndependent contractors to perform the construction work Reproduction costs shown are for reproduction of up to 25 sets of plans and b~d documents for b~d sohortabon purposes Reproduction for ~ntenm rewew ~s ~ncluded ~n the fixed fee 8 No construcbon adm~n~strabon services are ~ncluded m th~s proposal B The project has been dlwded ~nto two (2) phases of work Phase I - Study Phase, Phase II - Design Phase STUDY PHASE The Study Phase w~ll consist of field design surveys, hmlted geotechn~cal ~nvesbgat~ons, hydraulic modehng of the ex~stmg channel under both ex~stmg and fully developed flows, consideration of suitable alternabve design solutions, preparation of prehmlnary cost estimates, and recommendabons for the Design Phase Corps of Engineers 404 permit processing ~s also a part of th~s phase, although ~t wdl be conducted at least ~n part dunng the Design Phase DESIGN PHASE The Design Phase wdl ~nvolve preparation of construction plans, specifications and b~d documents that wdl ~mplement the selected alternative from those ~denbfled ~n the Study Phase PROJECT TASK BREAKDOWN The scope of services to be performed by the ENGINEER ~n each phase ~s as follows A STUDY PHASE (SPECIAL SERVICES) 1 DATA ACQUISITION/REVIEW a Meet with C~ty staff to venfy and further define project requirements and object~ves b Perform field reconnaissance by walking the project area and making field notes and, ~f needed, a photographic record of ex~stmg conditions c Obtain readdy available plans and maps for ex~sbng ut~t~bes which 16 may be affected by the work d Obtain from the CITY any available plats, s~te plans, construction plans for ex~stlng or proposed development and/or ~mprovements w~th~n and adjacent to the project s~te e Obtain from the CITY any available hydrauhc models for the subject stream f Contact DIG-TESS (Texas Excavation Safety System) to request field location of ex,stIng utilities In addition, ~nvest~gate the possibility of the existence of other utility owners that may be ~n the project area as well, and contact them d~rectly Such ~nvest~gat~on w~ll rnclude field observation, rewew of ex~st~ng as budt plans, and contact w~th CITY staff g Engage a geotechn~cal consultant to perform a hm~ted geotechnlcal Investigation for design purposes h Review and evaluate the results of the geotechmcal ~nvest~gat~on 2 FIELD DESIGN SURVEYS a Perform field design surveys to t~e improvements and topographic features horizontally and vertically within the project hm~ts which wdl be required to design and perform the work Easement preparation and field surveying for easements on private property are not ~ncluded The survey wdl depict ex~st~ng features w~th~n the project I~mtts, ~nclud~ng pavement, fences, utilities, trees, buildings and other features that wdl affect design and construction Sufficient data will be obtained to prepare cross sections of the proposed project Surveys w~ll show all v~s~ble ex~st~ng ~mprovements and features w~th~n the right-of-way hm~ts throughout the project b T~e the horizontal and vertical location of known underground utd~t~es based upon avadable ~nformat~on and "field locates" or markings provided by the utdlty compames ENGINEER wdl rely solely on the cooperation of the various utility companies and any ~nformat~on they or the CITY make avadable c Finish floor elevations on approximately 8 to 10 houses adjacent to the channel w~ll be obtained for comparison with Base Flood Elevations determined ~n the study d Obtain field cross sections downstream of the project hm~ts to Rose Lawn Road, and detail the ex~st~ng culvert at Rose Lawn These sectIons w~ll be taken at approximately 800' to 800' ~ntervals e Locate ex~st~ng plats for reference, and t~e ex~st~ng property corners, 17 where practical, to establish approximate property lines adjacent to the project Complete boundary surveying for conveyance of property Is not ~ncluded ~n the scope of services f Compile base plan from field survey data at an appropnate honzontal and vertical scale 3 MODELING & ANALYSIS a Review available hydrologic data, verify as needed, and develop flow values for both exIsting conditions and fully developed conditions b Extend existing hydraulic models upstream as needed, using field survey data for sectIons and wsual observation to estabhsh approprfate roughness coefficients c Develop and review models reflecting ex,sting channel conditions, considering flow velocities and comparing water surface elevations w~th flmsh floor elevations d Investigate alternabve designs, sections and profiles for channel ~mprovements e Develop preliminary cost estimates for alternative designs f Prepare a report outl~mng the results of the analys~s and recommend specific ~mprovements 4 Meet w~th CITY staff dunng the Study Phase and again early ~n the Design Phase to coordinate rnlttlng efforts As soon as practical after select~on of a design alternate, ENGINEER w~ll prepare a ~re-Construct~on Notification, ~nclud~ng a Mitigation Plan, for submittal to the U S Army Corps of Engineers for review and approval :oordlnate w~th USACE to modify permit apphcat~on, as necessary B DESIGN PHASE (BASIC SERVICES) 1 PRELIMINARY DESIGN a Based on the approved recommendabons from the Study Phase, prepare preliminary design plans In accordance with the CITY requirements The plans w~ll Include the following 1) Ex,sting ~mprovements and physical features, 2) Ex~st~ng street/ground profiles, 3) Ex,sting and proposed drainage areas, patterns and calculations, 18 4) Ex~st~ng storm drainage and utilities cross~ngs ~n close proximity to the proposed ~mprovements, based on public records and field surveys, 5) Proposed utility lines, Including the proposed location of valves, services, manholes and other proposed features of the project, both In plan and profile, 6) Proposed location and features of connections to existing utlhtles, 7) Details of proposed ~mprovements and appurtenances as necessary to define the specific ~ntent/requ~rements of the proposed design Standard C~ty detads w~ll be used and/or revised as appropriate b Prepare prehm~nary oplmon of probable construction cost upon completion of the preliminary design c Submit up to five (5) sets of plans, dated and stamped "preliminary" to the CITY for rewew, d~scusslon and comment d Meet w~th CITY staff to review and d~scuss the results of the preliminary design phase, as necessary 19 2 _UTIL 'FY' COORDINATION a After review by the CITY, provide Utdlty companies, ~ncludlng franchised utilities and pipelines with prehm~nary construction plans for the purposes of coordinating possible utility relocations b Request from the utd~ty companies their best estimate of the t~me and schedule required for any necessary adjustments or relocations 3 ~-INAL CONSTRUCTION PLANS/SPECIFICATION~ a Incorporate CITY comments and d~recbves from the preliminary design plans, In the preparation of final construction plans, spemal prows~ons, b~d proposal quantities, and technical specifications Final plans and specifications w~ll be submitted to the CITY for rewew The ENGINEER will provide plans, as needed, to utility companies for relocation purposes b The final plans will conform to CITY standards and wdl ~nclude, ~n addition to the Items shown on the preliminary plans, the follow~ng ~nformatlon 1 City title page with vicinity map and ~ndex, 2 Project layout sheets, 3 Plan and profile sheets at an appropriate horizontal and vertical scale 4 Special and standard detads, 5 Erosion Control Plans, c Prepare a final opinion of probable construction cost upon completion of the final design which follows the ~tems listed In the Proposal d Submit up to five (5) sets of plans, bid proposal quantities, special provisions, and techmcal specifications to the CITY for final review, discussion and comment e Meet with the CITY staff to review and discuss the final design, plans and specificatIons f Address rewew comments and prowde the CITY with a tetter of notification stating completion of the plans and related b~d documents g Provide to the CITY one (1) set of mylar reproduc~bles of the final approved plans 20 EXHIBIT 'B' SUMMARY OF FEES BASIC SERVICES Prehm~nary Design $_ 15,440 Final Design $. 13,100 Reproduction of B~d documents $_ 1,300 Subtotal Design Phase $_ 29.840 SPECIAL SERVICES F~eld Design Survey $... 15,600 Geotechnlcal Investigation $ 2,400 Study & Recommendabons $ 5.700 USACE 404 Perm~tbng $.. 8,000 Subtotal Study Phase $_. 31,700 Total Basic Services Fee = $ 29,840 Total Special Services Fee = $. 31,700 Total Basic & Special Services for PROJECT $ 61,640 The fee shown for B s~c Services is based on s eclfic assure t~ons re ardin the nature and extent of the necessa ~m rovements. These assure tions re resent a reasonable maximum ex ected sco e of ira roveme ts.U oncom let]on of the Stud Phase if the recommended lm rovements differ si lficantl f om these assure t~ons an ad ustment in the fixed fee for the Basic Services will be made Because the assumptions represent an expected max~m,zm scope of improvements, iris exoected that this adlustment, if an¥~ will be to decrease the fLxed fee for Basic Services Such adlustment~ if any, wdl be a~reed upon m wi~mg by both the CITY and the ENGINF,~.R prior to commencing the work in the Design Phase of services Reproduction costs shown are fi,, reoroduction of up to 25 sets of plan. and bid documents for bid solicitation purposes 21 Th~s ro ect w~ll e erforraed on a FLxed Fee basis for the fees set forth above Additional services not s eclficall ~ cluded m the sco e delineated m Exhibit 'A' will be erformed at the standard hourly rates shown on Exhibit 'C' Exhibit "C" TEAGUE NALL AND PERKINS, INC Standard Rate Schedule for Relmbursable/Mult~pher Contracts Effective after January 1, 2000 (Updated 3~7~00) Engineering / Techmcal From To Principal $125 $150 Per Hour Sen~or Engineer $75 $106 Per Hour Engineer $65 $95 Per Hour Graduate Engineer $55 $80 Per Hour Sen~or Designer $65 $95 Per Hour LandscapeArchltect / Planner $65 $80 Per Hour CAD Operator $40 - $65 Per Hour Draftsman $40 $65 Per Hour Clerical $35 $55 Per Hour Resident Project Representative $37 50 $50 Per Hour Surveying From To RPLS $75 $95 Per Hour Sen~or SurveyTechmclan $55 $65 Per Hour Junior SurveyTechn~clan $45 $55 Per Hour 2-Person Field Creww/Equ~pment $80 $90 Per Hour 3-Person F~eld Crew w/Equipment $100 $110 Per Hour 2-Person G P S Crew w/Equipment $120 $130 Per Hour 3-Person G P S Crew w/Equipment $140 $150 Per Hour 1-Person Robotic Creww/Equ~pment $75 $85 Per Hour 2-Person Robotic Crew w/Equipment $95 $105 Per Hour D~rect Cost Reimbursables Xerox Cop~es $0 10/page Plots (Full Size) $10 00/each Plots (11" x 17") $2 50/each Blue-hne Pnnts $1 00/each Mylar Sepias $4 00/each Mdeage $0 31/mde 23 AGENDA INFORMATION SHEET AGENDA DATE: February 6, 2001 DEPARTMENT. Utdit~es Administration CM/DCM/ACM' Howard Martin, ACM/Utilities 349-8232 SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALAN PLUMMER ASSOCIATES, INC, FOR ENGINEERING SERVICES PERTAINING TO THE ENGINEERING SCOPE OF WORK FOR PRELIMINARY AND DETAILED DESIGN FOR THE DENTON WASTEWATER UTILITY EFFLUENT LINE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROUND State and Federal enwronmental regulattons have resulted in wastewater effluent water quality bemg better than the streams and reservoirs that the water is &scharged into, in many cases The effluent quahty from the Pecan Creek Water Reclamation Plant meets the lughest standard (Type I) for effluent reuse The City of Denton's Wastewater Department is interested m promchng wastewater effluent as an alternative for a'ngat~on water The Water Reclamation Division is interested m providing effluent reuse water to customers near the Water Reclamation Plant The division has three signed letters of intent to purchase effluent water from this line The businesses contacted are very interested m the possibility of using the effluent water for lrngatmn purposes and have each verbally agreed to a take-or-pay contract at a nnmmum monthly charge for a minimum duration of 5 years The businesses will pay a base monthly charge whether or not effluent water ~s utilized In months where the base is exceeded, the effluent charge wall be calculated based on the $1 35/1,000 gallon rate The proposed rate of $1 35/1,000 gallons will remain constant dunng the first 5 years of service This engmeenng contract will also proxade the engmeenng design to connect the Spencer Power Plant cooling towers &rectly to the effluent reuse line Currently, effluent water is pumped to a holding pond and then pumped to the cooling towers Storing the cooling water in the pond results in degradataon of water quality due to algae growth Ttus increases contamination or fouling of the cooling lines Ttus proposed connection to the effluent line will reduce chemical treatment costs for the cooling towers A professional services agreement with Alan Plummet Associates, Inc has been prepared for engmeenng services to include prelmunary and detailed design pertannng to the melanned water pipeline (Exinbtt II) The project will consist of approximately 13,600 LF of 18-tach and 8qnch rechumed water p~pehne to deliver treated wastewater to customers along Mayhall Road south of the Water Reclamation Plant Included in flus proposal is the design work for the direct connection of the cooling towers to the effluent reuse line 1 OPTIONS Do not expand effluent reuse Install line along Mayh~ll P~oad to accommodate existing customer base RECOMMENDATION Staff recommends approval of the Professional Services Agreement ESTIMATED SCHRDULE OF PROJECT Estmaated c0mplet~on of proJect is February 2002 PRIOR ACTION/REVIEW (Council Boards~ Commt~sions) Tins item has bean the subject of review by the Pubhc Utility Board and City Council on prewous occasions The project was approved by PUB at the January 8th, 2001 board meeting FISCAL INFORMATION Option 1 No Cost Opuon 2 $186,780 (Engineenng Costs) Extnblt I Respectfully submitted Jtm Coulter Director of Water Utilities Prepared by David H Hunter Management Assistant t]xhlblt I ProJect Location Exhibit II Ordinance Exl~bit HI Professional Serwces Agreement 2 ~L/ /<~3 { ~ ~ ~ ~ L:::~L2 ~JExlstlng , Water Reuse Plan - Exhibit I ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALAN PLUMMER ASSOCIATES, INC, FOR ENGINEERING SERVICES PERTAINING TO THE ENGINEERING SCOPE OF WORK FOR PRELIMINARY AND DETAILED DESIGN FOR THE DENTON WASTEWATER UTILITY EFFLUENT LINE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTiVE DATE WHEREAS, the City Council deems it in the public interest to engage the firm of Alan Plummer Associates, Inc, a Corporation, of Fort Worth, Texas ("APAI"), to provide professional engmeenng services to the City pertaining to the englneenng scope of work for preliminary and detmled design pertaamng to the City of Denton effluent hne, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fmr and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropnatlon of funds to be used for the purchase of the professaonal services, as set forth in the Professional Serrates Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Professional Services Agreement with Alan Plummer Associates, Inc, of Fort Worth, Texas, for professaonal engmeenng services pertaining to the engmeenng scope of work for preliminary and design pertmnang to the City of Denton effluent line, in substantially the form of the Professional Servaces Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of tins Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of APAI and the ability of APAI to perform the professional services needed by the City for a fair and reasonable price SECTION 3 That the expendsture of funds as provided ~n the attached Professional Services Agreement is hereby authorized SECTION 4 That tbas ordinance shall become effecttve ~mmedlately upon its passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFERWALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 135, S\OurDocuments\Ordmance~\01~AlanPlummerAsso¢lateslnc ScopeEffiucnt Orddoc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SCOPE OF WORK FOR PRELIMINARY AND DETAILED DESIGN PERTAINING TO THE CITY OF DENTON EFFLUENT LINE THIS AGREEMENT ~s made and entered into as of the day of ., 2001, by and between the City of Denton, Texas, a Texas Mumc~pal Corporation, w~th ~ts pnnclpal offices at 215 East McKanney Street, Denton, Texas 76201 (heremafter "OWNER"), and Alan Plummer Assoemtes, Ine, a Corporation, w~th its corporate office at 7524 Mosler View Court, Suite 200, Fort Worth, Texas 76118-7110 (hereinafter "CONSULTANT"), the parties acting herein by and through their respective duly-authorized representatives and officers WITNESSETH, that m consideration of the covenants and agreements hereto contmned, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts w~th CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein ~n connection wth the Project as stated in the Arttcles to follow, w~th dfllgenee and in accordance vath the professional standards customarily obtained for such services m the State of Texas The professional services set forth herein are m connection w~th the following described project (the "Project") Providing two cop~es of a proposed engmeenng services scope of work for prehm~nary and detmled design pertmmng to a reclauned water p~pehne ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform all those services as are set forth in the CONSULTANT's final, Scope of Work (Rewsed) contained in that certain three (3) page document, dated October 3, 2000, wtuch document is attached hereto as Exlubn "A" and is incorporated herevath by reference B If there ~s any conflict that arises between the terms of tlus Agreement and Exlub~ts "A" and "B" attached to t?as Agreement, then the terms and conditions of tbas Agreement shall control over the terms and conditions of the attached Extublts ARTICLE III ADDITIONAL SERVICES Any Additional Services to be performed by CONSULTANT, if authorized by OWNER, ~Ro~s~,~o~c~,~ Page 1 of 10 which are not included as Basra Services ~n the above-described Scope of Servmes, set forth tn Artacle II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall detenmne, tn wnung, the scope of such Addmonal Services, the amount of compensataon for such add~uonal servtces, and other essential terms pertalmng to the pmwston of such Add~taonal Servtces by CONSULTANT ARTICLE IV PERIOD OF SERVICE The partaes agree that tins Agreement shall be effective upon ~ts executaon by OWNER and CONSULTANT, and upon the ~ssuance of a notace to proceed by the OWNER Tbas Agreement shall rematn in rome for the penod that may reasonably be reqmred for the completion of the Project, ~ncludtng Add~taonal Servtces, ff any, and any reqmred extensions approved by the OWNER, whichever event shall first occur Tbas Agreement may be sooner terminated tn accordance w~th the prowslons hereof TIME IS OF THE ESSENCE IN THE PERFORMANCE AND COMPLETION OF THIS AGREEMENT CONSULTANT shall make all reasonable efforts to complete the servmes set forth berem as expeditiously as possible and to meet the schedule(s) reasonably established by the OWNER, acting through ~ts D~rector of Water/Wastewater or bas designee ARTICLE V COMPENSATION A COMPENSATION TERMS "Dtrect Non-Labor Expense" ~s defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably recurred by the CONSULTANT related to ~ts performance of tbas Agreement, for long d~stance telephone charges, telecopy charges, messenger services, pnntmg and reproductaon expenses, out-of-pocket expenses for purchased computer tame, prudently tncurred travel expenses related to the work on the ProJect, and similar ~nmdental expenses incurred in connectaon unth the Project B BILLING AND PAYMENT For and ~n consideration of the professional servmes to be performed by CONSULTANT here~n, OWNER agrees to pay CONSULTANT, based upon the satasfactory completaon of the Basic Servmes tasks set forth ~n the Scope of Servmes as shown tn Artmle II above, as follows 1 CONSULTANT shall perform ~ts work on this Project on a lump sum basts or an hourly fee basts, plus reunbursement for all reasonably ~ncurred out-of-pocket expenses, billed monthly, or for longer penods of tame as hsted below For hourly fee compensataon CONSULTANT shall ball from ttme sheets, ~n mlmmum ¼ hour ~ncrements of time, at the rates and subject to the terms set forth m CONSULTANT's "Scope of Work Budget" which ts contained tn Exbablt "A" OWNER shall pay to CONSULTANT for tts professional services performed and for ~ts out-of pocket expenses ~ncurred in the ProJect, a total amount not to exceed $186,780 as hsted below Page 2 of lO Detmled Design Phase -- $117,000 (Lump Sum) Special Services -- $69,780 (Hourly allowance) 2 Partial payments to the CONSULTANT will be made monthly based on the percent of actual completion of the Basic Services, rendered to and approved by the OWNER through its D~rector of Water/Wastewater or bas designee However, under no mrcumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may wathhold the final ten (10%) percent of the above not-to-exceed mount untal satssfactory completion of the ProJect by CONSULTANT 3 Notbang contmned m thlS Article shall require the OWNER to pay for any work that is not submitted in compliance w~th the terms of flus Agreement OWNER shall not be required to make any payments to CONSULTANT at any time when CONSULTANT is in default under tbas Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to tins Agreement winch would reqmre additional payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated herelnabove, w~thout first having obtmned the prior written authonzatlon of the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Addmonal Services" wathout first obtaining pnor written authorization from the OWNER C ADDITIONAL SERVICES For AddlUonal Services authonzed ~n writing by the OWNER in Amele III heremabove, CONSULTANT shall be prod based on a to-be-agreed- upon Schedule of Charges Payments for Addluonal Services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Exl~blt "B" attached hereto, and Amcle V B heremabove Statements for Basic Services and any Addmonal Services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fmls to make payments due the CONSULTANT for services and expenses w~tinn s~xty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent 0%) per month from and at~er the smd sxxtleth (60th) day, and m addmon, thereal~er, the CONSULTANT may, after g~vmg ten (10) days written notice to the OWNER, suspend services under t/us Agreement until the CONSULTANT has been prod in full for all amounts then due and owing, and not d~sputed by OWNER, for semces, expenses and charges Provided, however, notbang herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is not submitted in accordance wath the terms of tins Agreement, tn accordance w~th Article V B of tins Agreement, and OWNER has promptly notified CONSULTANT of that fact in wntang ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exemlse reasonable care and due diligence m dlscovenng and promptly reporting to the OWNER any defects or deficiencies in the work of CONSULTANT ARTICLE VII OWNERSHIP OF DOCMENTS All documents prepared or furmshed by the CONSULTANT pursuant to tlus Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is enlatled to mtmn copies of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be applicable to tbas project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement m another project or for other purposes than specified herein any of the reformation or materials developed pursuant to fins agreement, CONSULTANT is released from any and all hablhty relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clama any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall lndemmfy and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and agmnst any and all habfllty, chums, demands, damages, losses and expenses, including but not hnuted to court costs and reasonable attorney fees incurred by the OWNER, and mcludtng w~thout hmxtatlon damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omtsslons of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the executton, operation, or performance oft/us Agreement Nothing tn fins Agreement shall be construed to creme a habthty to any person who is not a party to ttus Agreement and notlung here~n shall wmve any of the party's defenses, both at law or eqmty, to any clmm, cause of actton or httgatton filed by anyone not a party to t/us Agreement, including the defense of governmental u-nmumty, wtuch defenses are hereby expressly reserved ARTICLE X INSURANCE Dunng the performance of the Services under flus Agreement, CONSULTANT shall mmntatn the following insurance w~th an insurance company hcensed to do business m the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate Careers of at least an "A-" or above A Comprehensive General L, abfl~ty Insurance wath bodaly mjury hm~ts of not less than $1,000,000 for each occurrence and not less than $1,000,000 m the aggregate, and w~th property damage hm,ts of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Liability Insurance wath bodily injury lamits of not less than $1,000,000 for each person and not less than $I,000,000 for each accadent and w~th property damage 1,mats for not less than $100,000 for each aeeadent C Worker's Compensataon Insurance m accordance w~th statutory requirements, and Employer's Lmbfllty Insurance w~th hmats of not less than $100,000 for each accident D Professaonal Laabflaty Insurance or appropriate Errors & Om~ssaons Insmance w~th hm~ts of not less than $1,000,000 annual aggregate E CONSULTANT shall furmsh insurance certaflcates or Insurance pohc~es at the OWNER's request to evadence such covemgas The insurance pohcaes shall name the OWNER as an add~taonal insured on all such poheaes to the extent that ~s legally possible, and shall eontmn a provasaon that such ansuranee shall not be cancelled or modafied wathout flurry (30) days prior written not,ce to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effectave date of the change or caneellataon of coverage, delayer coptes of any such subsUtute pohe~es, furmsbang at least the same pohcy l,m~ts and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The pames wall make efforts to settle any dasputes arising under flus Agreement by subm~mng the d~spute to arbalralaon or other means of alternate dispute resoluUon such as medmtaon However, no arbltrataon or other form of alternate daspute resoluuon ansang out of, or relating to flus Agreement ~nvolvmg one party's dasagreement may Include the other party to the dasagreement wathout the others approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of flus Agreement, either party may terminate flus Agreement by prov,dmg flurry (30) days advance wratten notaee to the other party B Th~s Agreement may altematavely be terminated m whole or an part m the event of e~ther party substantaally fafl,ng to fulfill its obhgat~ons under flus Agreement No such termtnataon wall be effected unless the other party as given (1) written not~ee (dehvered by certified mini, remm receipt requested) of intent to tenmnate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than flurty (30) calendar days to cure the failure, and (2) an oppormmty for consultataon w~th the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provaded hereunder, ~o~s,~,,~o~.~c.,.~ Page 5 of 10 CONSULTANT shall ~mmedlately cease all servmes upon receipt of the written notice of termination from OWNER, and shall render a final ball for services to the OWNER w~thtn twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all servmes properly rendered and satisfactorily performed, and for retmbursable expenses prior to notme of termination being recetved by CONSULTANT, in accordance w~th Article V of ttus Agreement Should the OWNER subsequently contract w~th a new consultant for the continuation of servmes on the Project, CONSULTANT shall cooperate ~n pmvtd~ng ~nformat~on to the OWNER and to the new consultant If apphcable, OWNER shall allow CONSULTANT a reasonable tune to transition and to turn over the ProJect to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to ttus Agreement to the OWNER on or before the date of termination, but may mmntmn cop~es of such documents for ~ts files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the respons~bthty and hab~hty of the CONSULTANT, ~ts officers, employees, or agents, for the accuracy and competency of their work performed pursuant to ttus Agreement, nor shall such approval by the OWNER be deemed as an assumptmn of such responsibility by the OWNER for any defect ~n the work prepared by the CONSULTANT, ~ts pnnc~pals, officers, employees, and agents ARTICLE XIV NOTICES All notices, commumcat~ons, and reports reqmred or permitted under thts Agreement shall be personally dehvered to, or telecop~ed to, or mmled to the respective partaes by depositing same ~n the Umted States mall at the addresses shown below, postage prepmd, certified mml, return receipt requested, unless other~nse spemfied hereto To CONSULTANT To OWNER Alan Plurnmer Associates, Inc C~ty of Denton, Texas A Lee Head, III, P E Pnnc~pal M~chael W Jez, C~ty Manager 7524 Mosler Vtew Court, State 200 215 East McKtnney Street Fort Worth, Texas 76118-7110 Denton, Texas 76201 Fax (817) 284-2724 Fax (940) 349-8596 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice ~s g~ven, or three (3) days after mmhng of the not,ce, wbachever event shall first occur ARTICLE XV ENTIRE AGREEMENT Th~s Agreement consisting of ten (10) pages and two (2) Exhibits constitutes the complete and final expression of the Agreement of the part, es and ~s ~ntended as a complete and exclustve ~Ro,E~s,~,~o~n,~.~.c~, ~, Page 6 of 10 statement of the terms of their agreements, and supersedes all prior cohtemporaneous offers, promises, representations, negotaat~ons, discussions, commumcatlons, m~derstanthngs, and agreements wbach may have been made in connection vath the subject matter of t/us Agreement ARTICLE XVI SEVERABILITY If any provision of ttus Agreement ~s found or deemed by a court of competent jurisdiction to be Invalid or unenfomeable, it shall be considered severable from the remainder of tlus Agreement, and shall not cause the remainder to be invalid or unenfomeable In such event, the parties shall reform ttus Agreement, to the extent reasonably possible, to replace such stricken provision wath a valid and enfomeable provision wbach comes as close as possible to expressing the original intentions of the part~es respecting any such stricken pmws~on ARTICLE XVII COMPLIANCE WITH LAWS CONSULTANT shall comply wath all federal, state, local laws, roles, regulations, and ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereatter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performmg the services reqmred hereunder, CONSULTANT shall not chscnmmate against any person on the basis of race, color, rehg~on, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A CONSULTANT represents that ~t has or wall secure at ~ts own expense all personnel requtred to perform all the serv~cas reqmred under tins Agreement Such personnel shall not be employees or officers of, nor have any contractual relataons wath the OWNER CONSULTANT shall ~mmedmtely reform the OWNER an writing of any conflict of interest or potential conlhct of ~nterest that CONSULTANT may discover, or wbach may arise during the term of tlus Agreement B OWNER reqmres that CONSULTANT carefully safeguard all docmnents, data, and information provided by OWNER to CONSULTANT incident to t/us engagement The d~sclosure of such ~nformataon by CONSULTANT to any tlurd party, wathout the express written consent of OWNER, ~s expressly probablted by OWNER, and would hkely cause economm loss and detriment to OWNER Any such unauthorized thsclosure of ~nformat~on by CONSULTANT shall constitute an act of default respecting flus Agreement CONSULTANT represents to OWNER that it wall safeguard OWNER's tnfonnat~on and will, upon OWNER'S reasonable request, provide OWNER wath CONSULTANT'S policies F.~o,~s~,,,~o~.~,~ co~-.~ ~ Page 7 of 10 regarding its procedures for identifying conflicts of ~nterest, and ~ts procedures and safeguards which are xn place wbach would apply to CONSULTANT'S treatment and handling of OWNER'S documents, data, and mfonnat~on dunng fins engagement C All services reqmred hereunder will be performed by CONSULTANT or under its direct superv~mon All personnel engaged ~n performing the work provided for ~n fins Agreement, shall be qualified, and shall be anthonzed and permitted under apphcable state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in fins Agreement and shall not transfer any interest m ti'us Agreement (whether by assignment, novation or othemnse) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any material change ~n lB corporate structure, its locaUon, and/or ~n its operatlons ARTICLE ~ MODIFICATION No wanver or mod~ficatmn of tins Agreement or of any covenant, condmon, lnmtat~on herein contained shall be valid unless in wnt~ng and duly executed by the party to be charged therewith No ewdence of any wmver or modification shall be offered or received m ewdence ~n any proceeding anslng between the parties hereto out of or affecting fins Agreement, or the rights or obligations of the parties hereunder, unless such wmver or modification v, ~n writing, duly executed The part,es further agree that the prowsions of fins Article v~ll not be wmved unless as here~n set forth ARTICLE XXII MISCELLANEOUS A CONSULTANT agrees that OWNER shall, until the expirat~on of three (3) years after the final payment made by OWNER under fins Agreement, have access to and the nght to examine any d~rectly pertinent books, documents, papers and records of the CONSULTANT involving transactnons relating to tlus Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facflmes and shall be prowded adequate and appropnate working space ~n order to conduct examinat~ons or audits m compliance w~th tlus Ar'acle OWNER shall g~ve CONSULTANT reasonable advance notice of all intended examinations or audits B Venue of any stat or cause of action under ti'ns Agreement shall lie exclusively ~n Denton County, Texas Ttus Agreement shall be governed by and construed ~n accordance w~th the laws of the State of Texas C For purposes of fins Agreement, the parties agree that Cletus R Martin, P E shall serve as the Project Manager of CONSULTANT respecting flus engagement Tins Agreement has been entered into w~th the understanding that Cletus R Martin, P E ,,hall serve as the ~,~o~,~,~,~,,,~c~:~,~ Page 8 of 10 CONSULTANT's ProJect Manager and vail be the key person serving the OWNER on th~s Project Any proposed changes requested by CONSULTANT, respecting Cletus R Ma_mn, P E servtng as the ProJect Manager on the ProJect, shall be subject to the approval of the OWNER, winch approval the OWNER shall not unreasonably vathhold Notinng herem shall hmtt CONSULTANT from using other quahfied and competent members of tts firm to perform the other servtces reqmred heretn, under ~ts supervtsmn or control D CONSULTANT shall commence, carry on, and complete tts work on the Project w~th all apphcable dtspatch, and ~n a sound, econommal, efficient manner, and tn accordance vath the provtsmns hereof In accomphsbang the ProJect, CONSULTANT shall take such steps as are appropriate to ensure that the work mvolved ~s properly coordtnated vath related work being carried on by the OWNER E The OWNER shall assist and fully cooperate vath CONSULTANT by plamng at the CONSULTANT's dtsposal all avmlable tnfonnat~on pertment to the ProJect, tncludtng prevtous reports, any other data relattve to the ProJect and arranging for the access to, and make all pmv~stons for the CONSULTANT to enter ~n or upon, pubhc and private property as reqmred for the CONSULTANT to perform pmfesstonal services under tlus Agreement OWNER and CONSULTANT agree that CONSULTANT ts entttled to rely upon background tnformatton fmmshed to ~t by OWNER vathout the need for further tnqmry or ~nvest~gat~on tnto such tnformat~on F The captions of tbas Agreement are for tnformattonal purposes only and shall not ~n any way affect the substanttve terms or cond~tmns of tins Agreement IN WITNESS WHEREOF, the Ctty of Denton, Texas has execmed th~s Agreement ~n four (4) original counterparts, by and through ~ts duly-authorized C~ty Manager, and CONSULTANT has executed t!us Agreement by and through tts duly-authorized understgned officer, on tins the day of ,2001 "CITY" CITY OF DENTON, TEXAS A Mumctpal Corporatton By Mtchael W Jez, Cay Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ALAN PLUMMER ASSOCIATES, INC A Corporation A Lee Head, III, P E, Pnnc~pal ATTEST By Page 10 of 10 EXHIBIT A PROJECT DESCRIPTION AND SCOPE OF WORK (Revised) Wastewater Reuse Plpehne (October 3, 2000) The Engineer shall perform the following basic services under thru Contract ~n two (2) phases Prehmmary Design and Detailed Demgn as described below BASIC SERVICES Prehmmary Design Phase During the Prehmlnary Demgn Phase of the project, the Engineer shall Participate in a kickoff meeting with C~ty to verify City's requirements for the project, rewew available data, and estabhsh the demgn cntema Perform a phymcal tour of the proposed plpehne route, ,ncludmg the existing route which terminates at the power plant, and physical mspeeUon of ex~stmg pump station and related appurtenances ,- Determine the operational scenarios for the proposed pump station and reuse system It ~s assumed that tmtlally the exmt~ng reuse pumps will be turned on manually at the wastewater treatment plant based on a mgnal from the power plant or one for the reuse customers The plant operator will then open a mare hne valve to allow flow to the approprmte dehvery points After a predetermined number of gallons are dehvered the pumps will automatically turn off, mmflar to the current operational control system An evaluation of fatalities required to enable the automatic system operation will be conducted Addmonal facdmes to be evaluated will include ~nstalhng varmble frequency droves on the cx~st~ng reuse pumps, adding addmonal pumps, xnstalhng a hydro pneumatic pressure system, and mstalhng a standpipe or elevated storage tank to maintain system pressure and allow the dehvery of reuse water to each customer on demand Determine the number of easements that will be required for the proposed system following Mayhfll Road south of the plant Confirm the pipeline routing and ahgnment - Identify utfltty confltets and permitting requirements Size the pipeline through its route of approximately 2 75 miles A~l F \PROJECTS\457~0800\S¢ope doc Detailed Design Phase After written authorization to proceed with Detailed Design, the Engineer shall Prepare detailed Plans and Technical Specifications for construction of the improvements as determined during the Preliminary Design Phase These Improvements are assumed at this time to consist of approximately 13,200 LF of 18-inch diameter PVC pipeline, approximately 400 LF of 8-1neb diameter PVC plpehne, five (5) reinforced concrete buried meter station each with a turbine-type flow meter, six (6) air release valves, a bore of Mayhfll Road and a bore of I-35E at Mayhfll Road, a SCADA telemetry system, a motorized control valves and pressure sustaining valve at each delivery point (The two existing pumps will continue to be used and will not be replaced ) [] Prepare Contract Documents incorporating North Central Texas Council of Governments Standard Specifications Contract Documents will include contract agreement forms, general eondmons and supplementary conditions, invitation to bid and instructions to bidders, and itemized bid proposal forms Any additive and/or alternate bid items for construction will be incorporated into the bid proposal forms, If applicable Furnish to City a revised opinion of probable construction costs based on the Plans and Specifications Submittal to TxDOT permit for crossing 1-35E and any required Corps of Engineers Section 404 nationwide permits for stream crossings _ Conduct a QC meeting in APAI's Ft Worth office F-~Attend our (4) separate project related meetings with city staff in Denton X Provide four (4) sets of Plans and Specifications and Contract Documents to City for review Provide one set of reproducible and twenty (20) sets of final Plans and Specifications and Contract Documents to City for use in advertising the project for bids The total fee for Preliminary and Detailed Design ~s a lump sum amount of $117,000 A-2 F \PROJECTS\457~0800~Scope doc EXHIBIT B ~o,~:~4,~.~5 ~,~2 City Of Denton 00-120 Reuse Pipeline - Design Phase (Revieed) Engineer Budget .=-o~;=a AGENDA INFORMATION SHEET AGENDA DATE. February 6, 2001 DEPA_RTMENT: Police ACM: Jon Fortune SUBJECT An Ordinance anthonzing the Mayor to execute an lnterlocal cooperation agreement between the City of Denton and the City of Connth for the lmponndment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement, and providing for an effective date BACKGROUND' The City of Denton and the City of Connth have had lnterlocal agreements for the impoundment and disposition of dogs and cats for the past eight years The ammals delivered to the City of Denton under this agreement have not caused conditions of overcrowding at the Animal Control facility The agreement states that the City of Denton will provide the following services to the City of Connth for the impoundment and disposition of ammals delivered to the City of Denton from the City of Corinth (1) The City of Denton will hold these animals for ninety-six (96) hours if not clmmed by an owner If the owner does not claim the animal wnhm the prescribed mnety-six (96) hours, the animals will be euthamsed or made available for adoption (2) The City of Denton will accept and hold rabid suspects in quarantine for ten (10) days (3) The City of Denton will remove and ship the heads of rabid suspects for rabies testing by the Texas Department of Health For the services, the City of Connth agrees to pay fees set forth in the agreement as follows (1) A holding fee in the amount of fifteen dollars ($15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per animal held for reclamatmn by the owner (2) A holding fee in the amount of fifteen dollars ($15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per animal held m quarantine as a rabies suspect (3) Fifteen dollars ($15 00) for each animal euthan~zed 1 (4) Thtrty-five ($35 00) for each decapttatlon and shipment OPTIONS 1 The Ctty Council can choose not to renew the tnterlocal agreement with the City of Connth 2 The C~ty Cotmcfl can approve the ordinance and renew the tnterlocal agreement RECOMMENDATION The Department recommends approval of the ordinance and renewal of the tnterlocal agreement w~th the C~ty of Connth 1 The mterlocal agreement prowdes a valuable service to the citizens of Connth 2 The housing and dtsposal of dogs and cats received from the Ctty of Connth has not, and ~s not projected to, create a hardship for the Ctty's Ammal Control operation 3 The tnterlocal agreement ts a source of revenue for the City PRIOR ACTION/REVIEW' The attached ~nterlocal agreement has been reviewed for legal form and content by the C~ty of Denton Legal Department The agreement has been approved by the Connth City Council FISCAL IMPACT' The prescribed fees tn the agreement are calculated to recover all costs of all services rendered and, therefore, th~s agreement does not result ~n an tncrease ~n expenditures Based on prior years, the agreement will result ~n an addttlonal $1,500 00 ~n revenue Respectfully submttted, Gary L Matheson Chief of Pohce ~nght Captatn Support Serwces D~wslon 2 ORDiNANCE NO AN ORDiNANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTER_LOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or m her absence, the Mayor Pro Tern, is hereby authorized to execute an Interlocal Cooperatmn Agreement between the C~ty of Denton and the C~ty of Connth for the ~mpoundment and d~sposlnon of dogs and cats, a copy of which ~s attached hereto and incorporated by reference hereto SECTION 2 That the City Counml anthonzes the collectmn of all fees as provided pursuant to the prowmons of smd Agreement SECTION 3 That th~s ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED tins the day of ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § WHEREAS, the C~ty of Denton, Texas ("DENTON") and the C~ty of Connth, Texas ("CORINTH") are both local governments w~th the authonty and power to contract, and WHEREAS, DENTON ~s engaged m the services of holding and dmpomng of dogs and cats for the benefit of the mt~zens of DENTON, and WI-IBP, BAS, DENTON m the owner of certmn faclht~es and eqmpment demgned for the holchng and dispomt~on of dogs and cats and has an ~ts employ trmned personnel whose duiaes are related to the use of such facilities and eqmpment, and WHEREAS, CORINTH demras to obtmn ~mpoundment and dmposmon serv, ces for dogs and cats rendered by DENTON, as more fully hereafter descnbed, for the benefit of the mt~zens of CORINTH, and WHEREAS, CORINTH and DENTON mutually demre to be subject to the proxamons of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto, and WHEREAS, both DENTON and CORINTH have the anthonty to perfonn the servaces set forth in thts Agreement indawdually ~n acoor~ce wlt~. Texas Government Code §791 011(c); and WHEREAS, CORINTH will make all payments for services out of avmlable current revenues and DENTON agrees that the payments made by CORINTH hereunder will fmrly compensate at for the services prowded; NOW, THEREFORE, CORINTH and DENTON, for the mutual conmderatton hereinafter stated, agree as follows I. A COVENANTS OF THE CITY OF DENTON 1 Holding, of Do~s and Cats. DENTON agrees to accept and hold dogs and cats lawfully nupounded by authorized representataves of CORINTH under the following tenns and eon&t~ons' a Ho!d,n~ Penod for Do~s and Cats. DENTON agrees to hold such dogs and eats for a penod of mnety-mx (96) hours fi'om the t~me they are accepted by the Ammal Control Center m order to allow the owners of the ampounded ammal a reasonable amount oft~me to reelmm the ~mpounded ammal If the ammal ~s not reclauned w~thtn the ninety-mx (95) hour period, the ownarslnp of the shall revert to the Ammal Control Center Animals will be humanely destroyed or placed for adoption at the diseretton of the Animal Control staff b H°!4~= l~ees f°r Imn°unded D°~s and Cats F°r the purp°se °f this Agreement' DENTON will charge Flf~eon Dollars ($15 00) for the first day or part of a day m~d l~ive Dollars ($5 00)'for each subsequent day holding fee that an s~rual is held at the Animal Control Center In determlumg the meaning of the term "ammal" as used herein, it is agreed that a pregnant annnal wlnch has its litter while being held, or an animal which is nursing its litter and is being kept m the same cage, will be considered one ammal for the assessment of charges prowded for in this Agreement. This fee will be assessed agmnst the owner of the at the time the animal is reclmmed No animal will be released until all applicable fees are paid in full. c. Holdin~ of Ouarantine Animals DENTON agrees to accept and hold rabid suspects in quarantine for CO1L~TH when condltmns pernut, and such action is authorized by a representative of COKINTH d~ Hold~ Fees for Ouaranttned Ammals The holding fee for quarantined animals shall be Fifteen Dollars ($15.00) for the first day or part of a day and lhve Dollars ($5.00) for each subsequent day that the animal is held e Head Shmme~ts and Kabies Testln~ Upon request of CORINTH, D~.NTOlq v~ll provide for the removai and shipment of heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for tlus serwce shall be Thn'ty-five Dollars ($35 00) for each hesd shipped B COVI~NANTS O1~ THE CITY OF CORINTH 1. ~,,~neial Responmbllftias. In order to rehnburse D~.NTON for ~ts cost~ incm'red under this Agreement, CORINTH agrees to pay for the holding fees and euthanasia fees on dogs and cats received from CORINTH or its ~uthonzed agent if the mmmal(s) is no~ re¢lmmed by the owner These fees will be ~msessed on the following basra a. Euthamzed Ammal fli~ean Dollars ($15 00) for the first d~y or par~ of a day and Five Dollars ($5 00) for each subsequant day holding fee for each mmnai as determined hereto, plus Fli~een Dollars ($15 00) euthan~sm feo b Adopted Ammal F~fte~n Dollars ($I$ 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee for each ~rnal detm'mined herein. c. Head Shipments. Th~rbf-five Dollars ($35 00) shlppmg fee 2 DENTON wall collect impound fees duly anthonzed by CORINTH and as specified m this paragraph from the owners of dogs and cats received from CORINTH Impound fee momes will bo applied to fees owed DENTON by CORINTH for ammals not reclanned by the owner Ist Impoundment - $20 00 2nd Impoundment - $30 00 3~ Impoundment - $45 00 4th Impoundment - $70 00 3 CORINTH agrees payment shall be made within forty-five (45) days of receipt of invoice by CORIIqTH 2 DENTON agrees to and accepts full responsibility for the acts, negligence, and/or onnsslons of all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing work under a contract or agreement with DENTON in performance of this Agreement w~th CORINTH CORINTH agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all CORINTH's employees and agents, COPdlqTH's subcontractors and/or contract laborers doing work under a contract or agreement with CORINTH m performance of this Agreement wath DENTON It is further agreed that if claim or liability shall arise from thejomt or concurring negllganee of both part[es hereto, it shall be borne by them comparatively tn accordance w~th the laws of the State of Texas. Th~s paragraph shall not be eonstrned as a waiver by either party of any defenses available to ~t under the laws of the State of Texas It as understood that it ~s not the lntentaon of the parties hereto to create liability for the benefit of third parties, but that tins Agreement shallbe for the benefit of the pames hereto 3 The fuet that COKINTH and DENTON accept certain responslbihtaes relating to the eolleetlon and impounding of dogs and cats under tins Agreement as part of their responslblhty for prowdmg protectaon for the pubhc health and welfare and, therefore, makes it imperative that the performance of these vital servmes be recogmzed as a governmental mamumty shall be, and ~s hereby revoked to the full extent possible under the law Neither DENTON nor CO~ waives or shall be deemed hereby to wmve any mamumty or defense that would otherwise be available to it against the clatms arising from the exercise of governmental funelaons The term of this Agreement shall be for a period of one (1) year, commencing as of February 1, 2001 and ending ~anuaty 31, 2002 Thereafter, this Agreement shall be renewed for successive !/ additional one (1) year terms commencing on February I of each year xf CO~ and DENTON agree in wntlng on or before the first day of February to a successive term and the mount of c~onmdaration to be paid hereunder for each successive term, provided, however, either party may terminate this Agreement upon tinrty (30) days wntten notice to the other Tins Agreelnent represents the entire and integrated agreement between DEiNTOlq and CORINTH ~nd supersedes all prior negotiations, representat~orm, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both DENTON and CORINTH. This Agreement and any of its terms or provisions, as well as the rights and duties of the parhas hereto, shaillbe governed by the laws of the State of Texas 7 In the event that any portion of this Agreement shall be found to be contrary to law, ~t is the intent of the parties hereto that the remaimng po~ons shall remain valid and m full force and effect to the,extent possible. ' ~ ~: The underml~ned officer and/or agents of the part~es hereto are the properly anthonzed officials and have th~ necessary authority to execute this Agreement on behalf of the part~es hereto, and each party hereby certifies to the other that any necessmy resolutions extending smd authority have been duly passed and are now m full force and effect ]~X~CUTI~D m duplicate originals this the day of , 20 CITY OF DENTON, TEXAS BY ELrLINEBROC~MAYOR // ATTEST' JENNIFER WALTBRS, CITY SBCRETAKY BY. APPROVED AS TO LEGAL FORM: HERBERT L PROUTY, CITY ATTORNEY ~"'"'""~tt CITY OF CORINTH, TEXAS .--'0'. l\~k' '-- ATTEST: APPROVED AS TO LI~OAL FORM' CITY ATTORNEY AGENDA INFORMATION SHEET Dat~ AGENDA DATE' February 6, 2001 DEPARTMENT Police ACM: Jori Fortune ~ SUBJECT An Ordinance authorizing the Mayor to execute an lnterlocal cooperation agreement between the City of Denton and the C~ty of Lake Dallas for the impoundment and dlsposltmn of dogs and cats and the collection of fees pursuant to the prows~ons of said agreement, and providing for an effective date BACKGROUND: Th~s represents the third year for an lnterlocal agreement with the C~ty of Lake Dallas for the impoundment and disposition of dogs and cats The estimated number of animals delivered to the City of Denton under this agreement should not result m conditions of overcrowding at the Animal Control facility The agreement states that the City of Denton wall provide the following services to thc C~ty of Lake Dallas for the impoundment and disposition of animals delivered to the City of Denton from the City of Lake Dallas (1) The City of Denton will hold these animals for mnety-s~x (96) hours if not claimed by an owner If the owner does not claim the ammal within the prescribed mnety-slx (96) hours, the animals will be euthanmed or made available for adoption (2) The City of Denton wall accept and hold rabid suspects ~n quarantine for ten (10) days (3) The City of Denton will remove and ship the heads of rabid suspects for rabies testing by the Texas Department of Health For the servmes, the City of Lake Dallas agrees to pay fees set forth in the agreement as follows (1) A holding fee in the mount of fifteen dollars ($15 00) for the first day or part ora day and five dollars ($5 00) for each subsequent day per animal held for reclamaUon by the owner (2) A holding fee in the amount offit~een dollars ($15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per ammal held in quarantine as a rabies suspect (3) Fifteen dollars ($15 00) for each animal euthamzed 1 (4) Th~rty-five ($35 00) for each decap~tatmn and shipment OPTIONS 1 The City can choose not to renew the ~nterlocal agreement with the C~ty of Lake Dallas 2 The City can approve the ordanance and renew the lnterlocal agreement RECOMMENDATION The Department recommends approval of the ordinance and lnterlocal agreement with the City of Lake Dallas 1 The mterlocal agreement provides a valuable service to the c~tlzens of Lake Dallas 2 The housing and chsposal of dogs and cats is not projected to create a hardship to the current Ammal Control operation 3 The lnterlocal agreement is a source of revenue for the City PRIOR ACTION/REVIEW' The attached mterlocal agreement and ordinance has been rewewed for legal form and content by the City of Denton Legal Department The agreentent was approved by the City of Lake Dallas FISCAL IMPACT: The prescribed fees ~n the agreement are calculated to recover all costs of all services rendered and, therefore, this agreement does not result ~n an ~ncrease ~n expenditures To date, Lake Dallas has dehvered no ammals to the C~ty's Ammal Control Shelter and, therefore, no additional revenue ~s expected Lake Dallas requests that thas agreement be mmntmned due to some ex~stmg problems w~th their current shelter that may require them to begin using the C~ty's famhty Respectfully submitted, Gary L Matheson Chief of Pohce ~wnght Support Operations Captmn 2 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor, or ~n h~s absence, the Mayor Pro Tem, ~s hereby authorized to execute an Interlocal Cooperation Agreement between the C~ty of Denton and the C~ty of Lake Dallas for the ~mpoundment and d~sposmon of dogs and cats, a copy of whmh ~s attached hereto and incorporated by reference hereto SECTION 2 That the C~ty Cotmcfl authorizes the collection of all fees as prowded pursuant to the prowsaons of smd Agreement SECTION 3 That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS § § rNTERLOCAL COOPEKATION AGREEMENT COUNTY OF DENTON § WHEREAS, the C~ty of Denton, Texas ("DENTON") and the C~ty of Lake Dallas, Texas ("LAKE DALLAS") are both local governments w~th the authority and power to contract, and WHEREAS, DENTON ~s engaged ~n the services of holding and d~spos,ng of dogs and cats for the benefit of the c~t,zens of DENTON, and WHEREAS, DENTON ~s the owner of certmn facilities and eqmpment des,gned for the hold, ng and d~sposmon of dogs and cats and has ~n ~ts employ tnnned personnel whose duties are related to the use of such fac~ht~es and eqmpment, and WHEREAS, LAKE DALLAS desires to obtmn ~mpoundment and d~spomtmn servmes for dogs and cats rendered by DENTON, as more fully hereafter described, for the benefit of the c~t~zans of LAKE DALLAS, and WHEREAS, LAKE DALLAS and DENTON mutually desire to be subJect to the prowsmns of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto, and WHEREAS, both DENTON and LAKE DALLAS have the authority to perform the serv, ces set forth ~n th,s Agreement ~nd, wdually m accordance w~th Texas Government Code §791 0Il(c), and WHEREAS, LAKE DALLAS w,ll make all payments for servmes out of avmlable current revenues and DENTON agrees that the payments made by LAKE DALLAS hereunder wall fmrly compensate ~t for the servmes prowded, NOW, THEREFORE, LAKE DALLAS and DENTON, for the mutual consideration hereinafter stated, agree as follows 1 A COVENANTS OF THE CITY OF DENTON 1 Holdmg of Dogs and Cats DENTON agrees to accept and hold dogs and cats lawfully ~mpounded by authorized representatives of LAKE DALLAS under the following terms and conditions a Holding Period for Dogs and Cats DENTON agrees to hold such dogs and cats for a period of mnety-s~x (96) hours from the Ume they are accepted by the Ammal Control Center m order to allow the owners of the ~mpounded ammal a reasonable amount oft~me to reclmm the ~mpounded animal If the animal ~s not ANIMAL CONTROL INTE~RLOCAL COOPI~RATION AGREBMBNT -- LRKE DALLAS reclaimed within the mnety-six (96) hour period, the ownership of the animal shall revert to the Animal Control Center Animals will be humanely destroyed or placed for adoption at the discretion of the Ammal Control staff b Holding Fees for Imoounded Do~,s and Cats For the purpose of this Agreement, DENTON will charge Fifteen Dollars ($15 00) for the first day or part of a day and F~ve Dollars (SS 00) for each subsequent day holding fee that an ammal is held at the Ammal Control Center In determining the meaning of the term "animal" as used here~n, it ~s agreed that a pregnant ammal which has its htter wh,le being held, or an animal which IS nursing its litter and is being kept In the same cage, will be considered one animal for the assessment of charges provided for m this Agreement This fee will be assessed against the owner of the ammal at the time the animal ~s reclaimed No animal will be released until all apphcable fees are paid m full c Holding of Quarantine Ammals DENTON agrees to accept and hold rabid suspects in quarantine for LAKE DALLAS when conditions permit, and such action is authorized by a representative of LAKE DALLAS d HolellnO Fees for Quarantined Animals The holding fee for quarantined ammals shall be F~i~een Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day that the ammal is held e Head Shipments and Rabtes Testin~ Upon request of LAICE DALLAS, DENTON will prowde for the removal and shipment of heads of rabid suspects for chnlcal rabies testing at the Texas Department of Health The fee for this service shall be Th~rty-five Dollars ($35 00) for each head shipped B COVENANTS OF THE CITY OF LAKE DALLAS 1 Financial Responsibilities In order to reimburse DENTON for ~ts costs recurred under thxs Agreement, LAKE DALLAS agrees to pay for the holding fees and euthanasia fees on dogs and cats received from LAKE DALLAS or ~ts authorized agent if the animal(s) ~s not reclaimed by the owner These fees will be assessed on the following bas~s a Euthamzed Ammal F~een Dollars ($15 00) for the first day or part of a day and F~ve Dollars ($5 00) for each subsequent day holding fee for each ammal as determined here~n, plus Fifteen Dollars ($15 00) euthanasia fee b Adopted Amrn~l Fifteen Dollars ($15 00) for the first day or part of a day and F~ve Dollars ($5 00) for each subsequent day holding fee for each animal as determined hereto e Head Shipments Th~rty-five Dollars ($35 00) shipping fee 2 DENTON will collect impound fees duly authorized by LAKE DALLAS and as specified tn this paragraph fi.om the owners of dogs and cats received from LAKE DALLAS Impound fee monies will be applied to fees owed DENTON by LAKE DALLAS for animals not reclaimed by the owner IMPOUND FEE 1st Impoundment - $20 00 2na Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $70 00 3 LAKE DALLAS agrees payment shall be made w~thin forty-five (45) days of receipt of invoice by LAKE DALLAS 2 DENTON agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing work under a contract or agreement with DENTON in performance of this Agreement w~th LAKE DALLAS LAKE DALLAS agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all LAKE DALLAS's employees and agents, LAKE DALLAS's subcontractors and/or contract laborers doing work under a contract or agreement with LAKE DALLAS in performance of this Agreement with DENTON It is further agreed that if claim or habfltty shall arise fi.om the joint or coneumng negligence of both parties hereto, it shall be borne by them comparatively m accordance with the laws of the State of Texas This paragraph shall not be construed as a wmver by etther party of any defenses available to it under the laws of the State of Texas It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto 3 The fact that LAKE DALLAS and DENTON accept certain responslbfllttes relating to the collectton and impounding of dogs and cats under this Agreement as part of their responslbthty for providing protection for the pubh¢ health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental ~mmunlty shall be, and is hereby invoked to the full extent posstble under the law Neither DENTON nor LAKE DALLAS waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against the claims arising from the exercise of governmental functions, 4 ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT - LAKE DALLAS PAGE 3 OF 5 The term of th~s Agreement shall be for a period of one (1) year, commencing as of October 1, 2000 and end,ng September 30, 2001 Thereafter, thts Agreement shall be renewed for successive addlttonal one (1) year terms commencing on October 1 of each year if LAKE DALLAS and DENTON agree in writing on or before the first day of October to a successive term and the amount of considerat,on to be paid hereunder for each successive term, provtded, however, either party may term,nate th,s Agreement upon thirty (30) days written not,ce to the other 5 Th,s Agreement represents the ent,re and integrated agreement between DENTON and LAKE DALLAS and supersedes all prior negotlat,ons, representations, and/or agreements, either written or oral Thts Agreement may be amended only by written ,nstmment signed by both DENTON and LAKE DALLAS 6 Th,s Agreement and any of its terms or prowslons, as well as the rights and duties of the part,es hereto, shall be governed by the laws of thc State of Texas 7 In the event that any portton of th,s Agreement shall be found to be contrary to law, ,t is the intent of the part,es hereto that the remalnmg portions shall rema,n vahd and in full force and effect to the extent possible 8 The undermgned officer and/or agents of the pm, es hereto are the properly authorized officmls and have the necessary anthonty to execute thts Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extend,ng said authority have been duly passed and are now m full force and effect EXECUTED In duphcate ong,nals th, s the day of , 20 CITY OF DENTON, TEXAS BY EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF LAKE DALLAS, TEXAS ArrEST CITY SECRETARY APPROVED AS TO LEGAL FOP,2VI CITY ATTORNEY BY ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT -- LAKE DALLAS PAGE 5 OF 5 AGENDA DATE February 6, 2001 DEPARTMENT' Police ACM' Jon Fortune ~ SUBJECT An Ordinance anthonzang the Mayor to execute an anterlocal cooperation agreement between the Czty of Denton and the Caty of Aubrey for the impoundment and daspositzon of dogs and cats and the collection of fees pursuant to the provlsaons of smd agreement, and providing for and effectave date BACKGROUND' Th~s represents the third year for an anterlocal agreement wath the City of Aubrey for the ~mpoundment and daspos~taon of dogs and cats Tlus agreement is submitted at the request of the C~ty of Aubrey The estimated number of ammals dehvered to the C~ty of Denton under this agreement should not result an cond~tmns of overcrowding at the Animal Control facility The agreement states that the C~ty of Denton will prowde the following services to the Ctty of Aubrey for the zmpoundment and dmpos~tlon of animals dehvered to the City of Denton from the City of Aubrey (1) The C~ty of Denton will hold these animals for mnety-slx (96) hours afnot clatmed by an owner If the owner does not claim the anamal w~th~n the prescribed nmety-sax (96) hours, the ammals wall be euthanlsed or made avtulable for adoptaon (2) The C~ty of Denton wall accept and hold rabid suspects in quarantine for ten (10) days (3) The C~ty of Denton will remove and sh~p the heads of rabid suspects for rabzes testing by the Texas Department of Health For the services, the City of Aubrey agrees to pay fees set forth in the agreement as follows (1) A holding fee m the mount of fifteen dollars ($15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per animal held for reclamation by the owner (2) A holdang fee ~n the amount of fifteen dollars ($15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per ammal held an quarantine as a rabies suspect 1 (3) Fffieen dollars ($15 00) for each ammal euthamzed (4) Th~rty-five ($35 00) for each decapatatmn and slupment OPTIONS 1 The C~ty Cotmcfl can choose not to renew the ~nterlocal agreement w~th the C~ty of Anbrey 2 The Caty Council can approve the orchnance and renew the ~nterlocal agreement RECOMMENDATION The Department recommends approval of the ordinance and renewal of the mterlocal agreement wath the Caty of Aubrey 1 The anterlocal agreement prowdes a valuable servace to the c~t~zens of the Caty of Aubrey 2 The housing and d~sposal of dogs and cats for the C~ty of Aubrey has not, and ~s not projected to, create a hardstup on the C~ty's Ammal Control operation 3 The mterlocal agreement ~s a source of revenue for the Caty PRIOR ACTION/REVIEW' The attached anterlocal agreement has been revaewed for legal form and content by the Caty of Denton Legal Department The agreement has been approved by the Aubrey C~ty Council FISCAL IMPACT: The prescribed fees an the agreement are calculated to recover all costs of all servmes rendered and, therefore, thas agreement does not result an an ancrease ~n expendatures Based on prior year experience, the agreement should result an approxamately $1,000 00 addataonal revenue Respectfully submitted, Gary L Matheson Chief of Pohce Prepared by ewnght Support Servmes Davasaon 2 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or m her absence, the Mayor Pro Tern, ~s hereby authorized to execute an Interlocal Cooperatmn Agreement between the C~ty of Denton and the City of Aubrey for the ~mpoundment and dmpos~tmn of dogs and cats, a copy of winch ~s attached hereto and mcorporated by reference hereto SECTION 2 That the C~ty Council authorizes the collectmn of all fees as prowded pursuant to the prows~ons of smd Agreement SECTION 3 Tha* *..+ns ordmance shall beo~-,~ *ffect~ve nnmechately upon ~ts passage and approval PASSED AND APPROVED tins the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS § § INTBRLOCAL COOPERATION AGRBBIVlBNT COUNTY OF DENTON § WHEREAS, the City of Denton, Texas ("DENTON') and the City of Aubrey, Texas ("AUBREY") are both local governments with the authonty and power to contract, and WHEREAS, DENTON is engaged m the servmes of holding and disposing of dogs and cats for the benefit of the citizens of DENTON, and WHEREAS, DENTON as the owner of certain facilities and equipment designed for the holding and dlspos,tlon of dogs and cats and has m its employ trained personnel whose duties are related to the use of inch facilities and equipment, and WHEREAS, AUBREY desires to obtain impoundment and disposition services for dogs and cats rendered by DENTON, as more fully hereaRer described, for the benefit of the cltszens of AUBREY, and WHEREAS, AUBREY and DENTON mutually desire to be subject to the provlsanns of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto, and WHEREAS, both DENTON and AUBREY have the authority to perform the serwces set forth in thls Agreement individually an accordance with Texas Oovemment Code §791 011(c), and WHEREAS, AUBREY will make all payments for services out of available current revenues and DENTON agrees that the payments made by AUBREY hereunder will fmrly compensate it for the services provided, NOW, THEREFORE, AUBREY and DENTON, for the mutual consideration heremaRer stated, agree as follows 1 A COVENANTS OF THE CITY OF DENTON 1 Holding of Dogs and Cats DENTON agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of AUBREY under the following terms and conditions a Holding Period for Dogs and Cats DENTON agrees to hold such dogs and cats for a period of ninety-six (95) hours from the tune they are accepted by the Ammal Control Center m order to allow the owners of the unpounded annual a reasonable amount of tune to reclmm the impounded animal If the ammal is not PAOB 1 o~ 5 reclatmed within the mnety-slx (96) hour penod, the ownership of the ammal shall revert to the Animal Control Center Animals wall be humanely destroyed or placed for adoption at the discretion of the Ammal Control staff b Holding Fees for Impounded Do~s and Cats For the purpose of this Agreement, DENTON will charge Fifteen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee that an ammal is held at the Animal Control Center In determlmng the meaning of the term "ammal' as used hereto, it is agreed that a pregnant animal whtch has its htter wlule being held, or an ammal which is nursing its litter and is being kept m the same cage, will be considered one ammal for the assessment of charges prowded for m this Agreement Thts fee will be assessed against the owner of the ammal at the time the animal is reclaimed No animal will be released until all applicable fees are paid m full c Holding of Ouarantme Animals DENTON agrees to accept and hold rabid suspects an quarantine for AUBREY when conditions permit, and such action is authorized by a representative of AUBREY d Holdme Fees for Quarantined Animals The holdmg fee for quarantined ammals shall be Fifteen Dollars ($15 00) for the first day or part ora day and Five Dollars ($5 00) for each subsequent day that the animal is held e Head Shmments and Rabies Testan~ Upon request of AUBREY, DENTON will provide for the removal and shipment of heads of rabid suspects for ehmcal rabies testing at the Texas Department of Health The fee for this service shall be Thirty-five Dollars ($35 00) for each head shtpped B COVENANTS OF THE CITY OF AUBREY I Financial Responsibilities In order to reimburse DENTON for its costs memred under this Agreement, AUBREY agrees to pay for the holding fees and euthanasia fees on dogs and cats received fi:om AUBREY or its authonzed agent if the ammal(s) is not reclaimed by the owner These fees will be assessed on the following basis a Euthanlzed Ammal Fifteen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee for each ammal as determined hereto, plus Fifteen Dollars ($15 00) euthanasia fee b Adopted Animal Fifteen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee for each ammal as determined herein c Head Slupments Thirty-five Dollars ($35 00) shtppmg fee PA o ~ 2 oi' 5 2 DENTON will collect impound fees duly authorized by AUBREY and as specified m ttus paragraph from the owners of dogs and cats received from AUBREY Impound fee monies will be applied to fees owed DENTON by AUBREY for anmaals not reclaamed by the owner IMPOUND FEE 1st Impoundment - $20 00 2"d Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $70 00 3 AUBREY agrees payment shall be made w~tlun forty-five (45) days of receipt of invoice by AUBREY 2 DENTON agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers domg work under a contract or agreement with DENTON in performance of this Agreement with AUBREY AUBKEY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all AUBKEY's employees and agents, AUBREY's subcontractors and/or contract laborers doing work under a contract or agreement with AUBREY in performance of this Agreement with DENTON It is further agreed that if claim or hablhty shall arise from the jomt or concumng negligence of both parties hereto, it shall be borne by them comparatively m accordance with the laws of the State of Texas This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas It as understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto 3 The fact that AUBREY and DENTON accept certain responsibilities relating to the collection and impounding of dogs and cats under this Agreement as part of thetr responstblhty for provldmg protection for the pubhc health and welfare and, therefore, makes it nuperatlve that the performance of these vital services be recogmzed as a governmental lmmumty shall be, and is hereby invoked to the full extent possible under the law Neither DENTON nor AUBKEY waives or shall be deemed hereby to waive any unmumty or defense that would otherwise be available to it against the claims anaing from the exercise of govemmental functions 4 The term of this Agreement shall be for a penod of one (1) year, commencing as of February 1, 2001 and ending January 31, 2002 Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on February 1 of each year ,f AUBKEY and DENTON agree m writing on or before the first day of February to a succass~ve term and the amount of consideration to be pard hereunder for each successive term, prowded, however, either partymay terminate ti'ns Agreement upon thirty (30) days written not~ce to the other This Agreement represents the entire and ~ntegrated agreement between DENTON and AUBREY 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 DENTON and AUBREY 6 This Agreement and any of~ts terms or provisions, as well as the nghts and duttes of the parties hereto, shall be governed by the laws of the State of Texas 7 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 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 extending said authority have been duly passed and are now in full force and effect EXECUTED in duplicate originals flus the day of , 20 CITY OF DENTON, TEXAS BY EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTOP. NBY MAYOR ATTEST CITY SECRETARY APPROVED AS TO~EGAL FORM CITY ATTORNEY BY AGENDA INFORMATION SHEET Date AGENDA DATE' February 6, 2001 DEPARTMENT' Fiscal Operations ACM' Kathy DuBose, Fiscal & Municipal Services ~ SUBJECT Cons]der approval of an ordinance consenting to the private sale of property located at Johnson Street, Denton County, Texas by the Denton Independent School District as Trustee for the taxing entrees pursuant to Texas Property Code sect]on 34 05 for less than the market value or total amount of judgments agmnst the property, and prowdmg an effective date BACKGROUND On April 4, 2000 a judgment for $1,455 68 for the property described in the Denton County Deed Records, Volume 362, Page 508, Denton County, Texas A0623A Hill, Tract 146,149, Acres 0 07, was taken to auction Due to the pecuhar shape of the land, a small strip between lots owned by Mr Vela, this property did not sell at auetmn and was thus struck off to Denton Independent School D~str]ct (DISD) as trustee for all partlmpat]ng taxmg entrees Sawko & Burroughs, Tax Attorney for DISD is recommendmg selhng the land d~rectly to Mr Vela w~thout a second auction for $1,000 Each taxing authority m the judgment must consent to the sale pursuant to Texas Property Code sectmn 34 05(]) PRIOR ACTION/REVIEW (Council, Boards, Commissions) None RECOMMENDATION Recommend approval of the ordinance Reselhng this property privately to Mr Vela will save several hundred dollars m the costs associated w~th a second aucUon, whmh ~n turn would reduce the amount that could be apphed to payment of taxes FISCAL INFORMATION Dehnquent taxes on the above-mentioned property total $346 36 ($170 97 base tax and $175 39 penalty, mterest, and eolleetmn fees) Respectfully submitted Dmna Orhz Director of Fxscal Operations Attachment 1 Ordinance Attachment 2 Property Record Inquiry Attachment 3 Letter from Sawko & Burroughs, L L P ORDINANCE NO AN ORDINANCE CONSENTING TO THE PRIVATE SALE OF PROPERTY LOCATED AT JOHNSON STREET, DENTON COUNTY, TEXAS BY THE DENTON INDEPENDENT SCHOOL DISTRICT AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO TEXAS PROPERTY CODE SECTION 34 05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGEMENTS AGAINST THE PROPERTY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on or about April 4, 2000 certmn property located on Jolmson Street, Denton County, Texas, A0623A, A Hill, Tract 146, 149, 0 07 Acres being more partmularly described m the Denton County Deed Records, Volume 362, Page 508, Denton County, Texas was auctioned to satxsfy a tax judgment of $1,455 68, and WHEREAS, due to the peculiar shape and locatmn of the property the auction d~d not produce a bonafide purchaser and the property was struck off to the Denton Independent School Dmtnct, and WHEREAS, the school thstrtct has a bonafide offer and beheves that an auction would only create additional cost and expense, request that the mty consent to a pnvate sale of ti'ns property pursuant to Texas Property Code §34 05 for less than market value spemfied m the judgement or the total mount of judgments against the property, and WHEREAS, the Clty Council finds that it ~s the pubhc ~nterest to consent to the private sale of the property, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The C~ty of Denton, Texas g~ves ~ts consents to Denton Independent School Dtstnct for the private sale of the property described as A0623A, A Hill, Tract 146, 149, 0 07 Acres more partmularly described m the Denton County Deed Records, Volume 362, Page 508, Denton County, Texas, pursuant to Texas Property Code § 34 05 SECTION 2 Th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2001 EULiNE BROCK, MAYOR Page 1 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 I PROPERTY RECORD INQUIRY PGM 09/26/ PNF10103 TAX ACCT 16150100000 OWNER DENTON ISD PROPERTY ADDRESS 99999 N/A LEGAL DESCRIPT A0623A A HILL, TRACT 146,149, ACRES 0 07 MAILING ADDRESS LOAN ID 1307 N LOCUST ST LOAN CO 000 = NO LOAN COMPANY TAX CERT OCCUP TAX AMT 0 00 ISSUED 00/00/00 NEXT DUE DATE 00/00/00 BILLING FLAG DENTON TX THIS YEAR LAST YEAR 76201-3037 TOTAL TAXES 0 00 16 36 OLDEST YEAR DUE 00 APPRAISAL 0 3,220 DUE AS OF 01/02/01 EXEMPTIONS TAXES 170 97 THIS YEAR 00 = EXEMPT FROM CITY TAXES P & I 130 22 LAST YEAR 00 = EXEMPT FROM CITY TAXES COL FEE 45 17 PLANNING INFORMATION AJD INT 0 00 SQUARE FOOTAGE TAX+P&I 346 36 CONSTRUCTION DATE MAP NUMBER REMARKS DISD TRUSTEE REQUESTED SALE OF PROPERTY/TO LEGAL 10/6/00 FOR A NEW INQUIRY, ENTER NEW TAX ACCOUNT NUMBER, AND "ENTER" TO VIEW THE RECEIVABLES FOR THIS ACCOUNT ENTER 'R', OTHERWISE, "ENTER" TO RETURN M 09/16/00 ACK 1331 RECEIVABLES FOR ACCOUNT 1615-010-0000 PNF10205 YEAR & APPRAISAL T A X E S T A X E S PENALITY & TOTAL THIS AGENCY OWED DUE INTEREST AGENCY & YEAR 91 1 3 220 22 06 22 06 33 75 55 81 92 1 3 220 23 11 23 11 32 17 55 28 93 1 3 220 24 08 24 08 30 20 54 28 94 1 3 220 18 06 18 06 20 15 38 21 95 1 3 220 17 41 17 41 17 03 34 44 96 1 3 220 17 01 17 01 14 29 31 30 97 1 3 220 16 52 16 52 11 60 28 12 98 1 3 220 16 36 16 36 9 23 25 59 99 1 3 220 16 36 16 36 6 97 23 33 00 1 0 0 00 0 00 0 00 0 00 TOTALS 170 97 170 97 175 39 346 36 "ENTER" FOR MENU SAWKO & BURROUOHS, L L P 1100 Dallas Drive, Suite 100 Denton, Texas 76205 Gregory J 8awko Telephone (940) 382-4357 Mark A Burroughs Facsmule (940) 591-0991 E-Marl Sawko~Iglobal net CltyofDenton ~~ - ~o~a T~ Office 601 E HmkowSmteF CiTY ~,: DENTON Denton, TX 76205 TAX DLcA~21 MENI Re T~ Account N~ber R0161501 De~ Ms Folse 0 C T O 9 I EGAt 0FPT Enclosed please find a copy cfa letter fiom Mr G Rol~d Vela r¢questtng the followzng propcRy be sold to h~m d~rcctly for ~e ~o~t of $[,000 00 A0623A A Hill, Tract 14d,]49, Acres 0 07 Prope~ bmng more p~tc~l~ly described tn the Denton county Deed Records, Vo]~e 362, Page 508, Denton Count, Tex~ The total ~o~t of judgement ts $t,455 68, whtch we took to auction on 4t~ day of April 2000 Due to the pecuh~ shape of~e l~d, a small strip baleen lots owned by ~ Vela, ~s prope~y &d not sell at auctmn ~d was ~us s~ck off to Denton ISD as ~stee for ~11 paRtmpatmg t~]ng enttttes I reco~end selhng ~e ]~d dtrectly to Mr Vela without a second auctton Each taxing authority m ~e Judgement cm ,consent to such ~ sale under ~34 05(~) Texas Prope~ Tax Code In my opmmn reselhng thts propeRy privately to Mr Vela ~s a good optmn as ]t will save several hundred doH~s m costs of a second aucUon whmh o~e~se would reduce ~c ~o~t that could be apphed to payment oft~es Al~ough ~e Apprmsa] Dtstnct hsted the value of the prope~y at $3,200 00, I do not be]rove ~at the nat~e of the prope~ would lend ttself to a sale for more th~ what h~s been offered Please contact me w[~ ~y questions m thts reg~d Ve~ t~]y yours, SA O & B OUGHS, L L P Attorney at Law M~&g Enclosures G Roland Vela 729 Padgecrest C~rcle Denton, texas 76205 August 24, 2000 Mark A Burroughs, Att'y 1100 Dallas Drive, State 100 Denton, Texas 76205 Dear Mr Burroughs I address you m your capacity of representative of land sales for the Denton Independent School D~stnct with the hope that we can reach an accord on the purchase of a "strip" of land owned by the DISD I refer to a strip of land 11 X 322 feet designated 84E m the School Taxing D~tnet and 149 m the county Taxing D~trlet Tbas land ~s m the A Hfil Survey, School District D and ~s located between the houses better known as 1212 and 1228 Johnson Street I own both adjoining propertxes (1212 wbach measures 90 feet on Johnson St and 1228 wluch measures 134 feet on John~n Street) and would lake to acqutre tbas strip to avoid the meonvemence of a p~ece of land 11 feet w~de interposed between my two properties Selling th~ property to me would place ~t back on the tax rolls, put it m the hands of someone that will take care of ~t, and convert xt into a useful p~eee ofc~ty real estate I am willing to pay a reasonable price for tgus land and hereby make a binding offer of'~6 /,~,~-~.,n~. ~._~ I hope th~s ~s the proper procedure for negotlatmg w~th you for this ~tem If~t ~s not, please reform me at your convemenee Sincerely yours, ~ G RolandlVela NO 99-0084-362 DENTON INDEPENDENT SCHOOL DISTRICT § IN THE 362nd JUDICIAL DENTON COUNTY EDUCATION DISTRICT § ~ VS § DISTRICT COUR¥ IN AND FOR FRANCIS EUGENE SHELTON and BARBARA § YOUNG SHELTON § DENTON COUNTY, TEXAS JUDGMENT BE IT REMEMBERED that on the 2nd DAY OF DECEMBER, 1999 came on to be heard the above numbered and entitled cause, wherein the DENTON INDEPENDENT SCHOOL DISTRICT (and Denton County Education District, for which It collects) are plaintiff and COUNTY OF DENTON, CITY OF DENTON are ~ntervenors and FRANCIS EUGENE SHELTON and BARBARA YOUNG SHELTON, and UNKNOWN OWNERS are defendants, and came sa~d plaintiff and mtervenors by their respecbve attorneys, and announced ready for trial, and defendants, FRANCIS EUGENE SHELTON and BARBARA YOUNG SHELTON. and UNKNOWN OWNERS, by their duly appointed attorney and guardian ad I~tem, and, a jury being waived, all matters ~n controversy, of fact as welt as of law, were submitted to the Court, and the Court hawng heard the pleading, evidence and argument of counsel, and having fully understood the same ~s of the opinion and finds that all proper and necessary part~es to th~s suit have been duly cited as provided by law, that plaintiffs ong~nal pebbon and ~ntervenors' ~ntervenbon are in proper form, that the taxes assessed by plaintiff against the properly descnbed and for the years set out ~n sa~d petition, and the taxes assessed by Intervenors against said property for the years set out ~n said intervention, having been duly and legally levied, assessed, equalized and returned delinquent by plambff and mtervenors, that the respective delinquent tax records, concerning which ewdenca which was reca~ved from pla~nbff and ~ntervenors. have been filed, examined, approved, recorded, advertised and duly certified to by the proper officers and published for the time and manner as provided by law. that all matanal allegations in pla~nbffs ong~nal pebtlon and in the pleas of ~ntervenbon filed here~n are true and correct, that defendants have failed to establish any defense to th~s su~t, that plaintiff and intervenors are entitled to recover as ~s hereinafter set out, that plaintiff and ~ntervenors are entitled to recover reasonable attorney's fees as authonzed by the Property Tax Code, ~n the amount of fifteen percent (15%) of said taxes, penalty and ~nterest It ~s therefore, ORDERED, ADJUDGED AND DECREED that for each separate property specified infra, the sa~d defendants are ~ndebted to plalnbff, DENTON INDEPENDENT SCHOOL DISTRICT (and the Denton County Education District, for which it collects) and intervenors, COUNTY OF DENTON and CITY OF DENTON, and that pla~nbff and intervenors are enbtled to the sum of taxes, penalty, ~nterest and attorney's fees due for the years shown to be delinquent upon the ~nd~wdual properties which are ~dentified here~n All properties here~n identified are located ~n the DENTON INDEPENDENT SCHOOL DISTRICT (and the Denton County Education District, for which ~t collects) Denton County, State Ju,~gment 99-0084-362 Page I of 3 DISD vs Francis E Shelton et al of Texas unless specifically stated otherwise 1 PROPERTY A0623A A HILL, TRACT 146, '~49, ACRES 0 07 ACCOUNT (R0161501) PLAINTIFF'S ENTITLEMENT DENTON lSD/CED Tax Years Due 1991-98 Sum Due $ 769 17 INTERVENOR'S ENTITLEMENT COUNTY OF DENTON Tax Years Due t991-98 Sum Due $ 136 62 CITY OF DENTON Tax Years Due 1991-98 Sum Due $ 299 89 That the sum found due on each described property shall bear ~nterest from the date of th~s judgement at the h~ghest legal rate unbl paid, and defendant shall bear all costs of su~t herein ~ncurred, for which let execution ~ssue It ~s further ORDERED, ADJUDGED and DECREED that the pla~nt~ and mtervenors do have and recover of and from the sa~d defendant all of the taxes, penalties and ~nterest set out ~n the above ~tems, and. ~n addition, that plaintiff does have and recover from defendant the further sum of $100.00 (One hundred and nol100 dollars) for each of the separate delinquent tax account(s) and property(s) which are the subject of th~s su~t, or a total of One hundred dollars, ($100 00), sa~d sum being the cost ~ncurred ~n procunng the name, ~dent~ty and location of necessary parbes and ~n pmcunng necessary legal descnptlons of the property on which a delinquent tax ~s due. sa~d sum to be taxed as costs herein It ~s further ORDERED, ADJUDGED and DECREED that an attorney ad lltem was appointed and d~d make appearance at the thai of this cause on behalf of all defendants cited by publication or posting and failing to otherwise make answer or appear here~n, and said attorney ad htem. being SCOTT ALAGOOD of Denton, Texas, does have and recover of and from sa~d defendants the sum of $150 00 as a just and reasonable amount for the services rendered, sa~d sum to be taxes as costs herein It ~s further ORDERED. ADJUDGED and DECREED that a lien exists against each real property or real property accounts as descnbed here~n, for the amount of taxes, penalties, ~nterest, attorney's fees and costs to be due on the same, which hen ~s hereby foreclosed on said properties or property accounts as separately ~dentlfied herein, it being further ordered that an order of sale be ~ssued by the Clerk, d~rected to the Shenff or any Constable of Denton County, Texas, commanding such officer to seize, levy upon and advertise for sale, as under execution, the aforesaid real property and sell the Judgment 99~084-362 Page 2 of 3 DISD vs Francis E Shelton, et al same to the h~ghest b~dder for cash as under execubon prowded, however, that none of sa~d property shall be sold to the owner of sa~d property, or to any party other than a taxing unit which is a party to th~s su~t, for less than the aggregate amount of the judgement against the property, or the value of the property as set by th~s Court ~n accordance w~th the Texas Property Tax Code which value ~s PROPERTY DESCRIPTION ADJUDGED VALUE 1 PROPERTY-A0623A A HILL, TRACT 146, 149, ACRES 0 07 $ 3,220 00 ACCOUNT- R0161501 The net proceeds of any sale of such personal property made hereunder to any party other than a tax~ng umt which ~s a party to th~s su~t shall belong to and be d~stnbuted to each taxing umt that is a party to th~s su~t pro rata and ~n proportion to the amounts of their respecbve tax hens as hereto before estabhshed on each respective personal property, any excess ~n the proceeds of sale over and above th~s amount necessary to pay the taxes due, defray the cost of su~t and sale and other expenses chargeable against sa~d property shall be paid to the part~es legally enbtled to such excess And ~t ~s further ORDERED, ADJUDGED and DECREED that the officer execubng the Order of Sale shall make proper conveyance to the purchaser or purchasers of sa~d property under and by wrtue of sa~d sale, or to any other person to whom the purchaser may d~rect the conveyance to be made, upon compliance w~th the terms of sale, and ~n the case of a sale of land, such deed executed therefore shall state the right of redemption as provided by law And ~t ~s further ORDERED, ADJUDGED and DECREED by the Court that the Clerk of th~s Court ~ssue a writ of possession to any land above described and ordered sold, subject only to defendant's right of redemption, ordenng the Shenff or proper officers to place the purchaser or purchasers, or their he~rs, executors, adm~mstrators and assigns, ~n possession of the property so purchased, or any part thereof, at the sale prowded for ~n thts Judgement And ~t is further ORDERED, ADJUDGED and DECREED by the Court that the purchaser of real property sold for taxes here~n shall take title free and clear of all hens and claims for taxes against such property dehnquent at the bme of judgement ~n th~s su~t to any tax~ng umt which ~s a party herein or which has been served w~th c~tat~on as required by law RENDERED AND SIGNED th~s ,,~ day of ~[~),~~,, 1999 Judge Presiding Judgment 99-0084 362 Page 3 of 3 DISD vs Francis E Shelton, et al AGENDA INFORMATION SHEET AGENDA DATE: February 6, 2001 Questtons concemmg thts acqmsttton may be d~rected DEPARTMENT: Matermls Management to Ttm Ftsher 349-7190 ACM. Kathy DuBose, F~scal and Mumctpal Servmes ~)~) SUBJECT. An Ordinance of the City &Denton, Texas authorizing the expenditure of funds for payments by the Ctty of Denton for operatton and mamtenance expenses for the present water supply at Ray Roberts Lake to the Fmanee and Accounting Branch, USAED Fort Worth, and provtdtng an effective date (Check Request dated January 2, 2001 tn the amount of $48,115 84) CHECK REQUEST INFORMATION: This cheek request ts for the payment of contractual commttments for operation and maintenance expenses assoemted w~th the Ray Roberts Lake Water Supply for the period of January 2, 2001 to January 2, 2002 RECOMMENDATION: We recommend that thts Cheek Request to the Finance &Accounttng Branch, USAED (Corp of Engineers) be approved and the tnvmce pard PRINCIPAL PLACE OF BUSINESS. Finance and Accounting Branch USAED Fort Worth Fort Worth, TX FISCAL INFORMATION: Thts payment will be made from 2000-2001 budget fund account (620-081-0460-8502) Respectfully submttted Tom Shaw, C P M, 349-7100 Purchasmg Agent Attachment 1 Check Request dated January 2, 2001 Attachment 2 Invmce from USAED Fort Worth 1501 Asenda ATTACHMENT 1 CHECK REQUISITION - VOUCHER PAY TO CHECK NUMBER Rnance & Account~na Branch USAED Fort WQrth $ 48,115 84 AMOUNT CESWF RM F SWF WATER PRODUCTION DEPARTMENT P O Box 17300. Ft. Worth. Tx .76102-0300 January 2, 2001 DATE INVOICE DATE, NUMBER AND/OR EXPLANATION ACCT NO NET INV AMT B~II # 00001497 Operation & Maintenance Expense under Contract DACW63-80-C-0104 620-081-0460-8502 $48,115 84 For the present water supply at Ray Roberts Lake For the period 01/02/01 to 01/02/02 t..J CO 039 22 e~..l ,J~ .< TOTAl_ $48,115 84 THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BILLING IS MADE BY THE UNDERSIGNED ACCOUNTING APPROVAL SIGI~ATIIla~= ' ' - CITY MANAGERAPPROVAL DIRECTOROFFINANCEAPPROVAL ATTACHMENT 2 ............................................................. PAGE 001 ............ PAY T~IS AMOUNT ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR OPERATION AND MAINTENANCE EXPENSES FOR THE PRESENT WATER SUPPLY AT RAY ROBERTS LAKE, TO THE FINANCE AND ACCOUNTING BRANCH, USAED FORT WORTH, AND PROVIDING AN EFFECTIVE DATE (CHECK REQUEST DATED JANUARY 2,2001 IN THE AMOUNT OF $48,115 84) WHEREAS, ,n order to comply with the contractual reqmrements contained m the contract DACW63-80-C-0104 with the Finance & Accounting Branch, USAED Fort Worth, for the payment for Operat,on and Maintenance of the present water supply at Ray Roberts Lake, the C~ty of Denton is reqmred to pay fees imposed by the Finance & Accotmt~ng Branch, USAED Fort Worth, and WHEREAS, the City Manager has rewewed and recommended that the City Council approve and authorize the payment of such, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the expenditure of funds in the amount of $48,115 84 to be prod to the F~nance and Accounting Branch, USAED in the specified amount shown on the invoice 00001497 which ~s attached to and made a part of th, s ordinance for all purposes is hereby authorized SECTION Il That th~s ordinance shall become effective immediately upon ~ts passage and approval 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 CHECK REQUEST ORDINANCE 2001 AGENDA INFORMATION SHEET ~ge,daltem z~/~. ' ' / AGENDA DATE' February 6, 2001 Quetst~ons ~;on~;~rmn~ ~ acquisition may be directed DEP~TMENT. Materials M~agement to B~b~a Ross 349-7235 ACM Kathy DuBose, Fiscal ~d Municipal Se~lces ~ ~ SUBJECT: ~ Ord~n~ce accepting competitive b~ds ~d aw~d~ng a contract for Tenet B~ed Kental Ass~st~ce Pro~ for Emergency F~n~cml A~d, prowd~ng for the expenditure of ~nds therefore, ~d prowd~ng for ~ effective date (B~d 2619 - Tenet Based Rental Ass~st~ce Pro~, aw~ded to Fa~rhaven Retirement Center, ~n the amount of $87,218) BID INFO~ATION' The Tenet B~ed Ass~st~ce Pro~ w~ll prowde ass~st~ce FOR ~e ve~ low-~ncome elderly and d~sabled apphc~ts ~n need to remal ~s~st~ce Se~ce prowded ~nclude ConWact a~mstrat~on for the pro~ ~n comph~ce w~th the all apphcable pohc~es, roles, regulations ~d laws Prowde prehmm~ screemng of refe~als m evaluate ehg~b~hty for TB~ ~s~st~ce Ce~ficat~on that all ~s~sted households meet the C~W of Denton's Tenet Select~on Pohcy stand.ds Maintain a wa~t~ng hst of apphc~t for refe~al ~d m~ket the pro~ affi~at~vely Ensue that ~1 contract rents ~der the pro~ ~e rewewed ~d approved by ~ ~d ~e C~ty of Demon Maintain appropriate doc~entat~on of the TB~ pro~ ~d submit sa~d doc~entat~on to the C~ty upon request Allow reasonable on-s~te momtonng by representatives of the C~ ~d the US Depament of Housing and Urb~ Development · Maintain eomph~ee w~ HOME pro~ re~lat~ons codified at 24 CFR P~ 92 Assistance must be prowded to no less th~ e~ght elderly ~d no less th~ five d~sable households for a 24-month penod Agenda Information Sheet February 6, 2001 Page 2 RECOMMENDATION. We recommend tins be awarded to the only bidder, Fa~rhaven Retirement Center, ~n the amount of $87,218 PRINCIPLE PLACE OF BUSINESS: Fa~rhaven Retlrement Center Denton, TX ESTIMATED SCHEDULE OF PROJECT: Th~s agreement shall commence upon approval and terminate on January 1, 2001 through December 31, 2001 FISCAI~ INFORMATION: CDBG funds have been appropriated for th~s program accounts · 212-05H-HMS0-8502 $ 5,440 00 · 212-05h-HM74-8502 $81,778 00 Total $87,218 00 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulahon Sheet 1509 AGENDA ATTACHMENT 1 TABULATION SHEET BID 2619 Date 1-18-01 TENANT BASED RENTAL ASSISTANCE PROGRAM N01 QtY ] DESCRIPTION VENDOR = FAIRHAVEN RETIREMENT ...................... , CENTER Principle Place of Bus~ness DENTON, TX TOTAL BASE BID $87,218 oo 1 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A CONTRACT FOR TENANT BASED RENTAL ASSISTANCE PROGRAM FOR EMERGENCY FINANCIAL AID, PROVDING FOR TIlE EXPENDITURE OF FUNDS TIIEREFORE, AND PROVDING FOR AN EFFECTIVE DATE (BD 2619 - TENANT BASED RENTAL ASSISTANCE PROGRAM, AWARDED TO FAIRHAVEN RETIREMENT CENTER, IN THE AMOUNT OF $87,218) WHEREAS, the C~ty has sollc~ted, received and tabulated compettt~ve Nds for the purchase of necessary materials, equipment, supphes or services ~n accordance w~th the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has mwewed and recommended that the herren described Nds are the lowest responsible Nds for the materials, eqmpment, supphes or services as shown m the "B~d Proposals" submitted therefore, and WHEREAS, the C~ty Counctl has prowded ~n the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supphes or servmes approved and accepted herren, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive Nds for materials, equipment, supphes, or services, descnbed ~n the "B~d Proposals" on file ~n the office of C~ty's Purohas~ng Agent filed according to the Nd number asmgned hereto, are hereby accepted and approved as being the lowest responsible Nds for such ~tems BID NUMBER CONTRACTOR AMOUNT 2619 Fatrhaven Retirement Center $87,218 SECTION 1I That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the Nds for such ~tems and agrees to purchase the materials, eqmpment, supphes or services ~n accordance w~th the terms, spemficat~ons, standards, quantities and for the spectfied sums contmned m the B~d Inwtatrons, Bid Proposals, and related documents SECTION III That the C~ty and persons submitting approved and accepted ~tems and ofthe subrmtted Nds w~sh to enter ~nto a formal written agreement as a result of the acceptance, approval, and awarding of the Nds, the City Manager or Ns designated representative ~s hereby authorized to execute the written contracts whmh shall be attached hereto, promded that the written contract is tn accordance w~th the terms, conditions, speclficat~ons, standards, quantities and specified sums contmned ~n the Bxd Proposal and related documents here~n approved and accepted SI~CTION IV That by the acceptance and approval of the above competitive bids, the City Council hereby authorizes the expenditure of funds therefor ~n the amount and ~n accordance with the appro'qed bids or pursuant to a wntten contract made pursuant thereto as authonzed herein SECTION V That ttus ordinance shall become effective lmme&ately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT .~OUTY3/~TY ATTORNEY 2619 Tenant Based P~ntal Assls~nce Program ORDINANCE ~oenda Item AGENDA INFORMATION SHEET .ate AGENDA DATE: February 6, 2001 Questions concem~ng th~s acqms~t~on may be d~rected DEP~TMENT: Materials M~agement to Ed Hodney 349~8271 ACM: Kathy D~ose, F~scal ~d Mumc~pal Se~mes ~) SUBJECT ~ Ord~cc acc~tmg compe~twe b~ds ~d aw~dmg a pubhc works con~act for thc cons~ctmn of the Downtown ~pmvemcnt Project, providing for the expenditure of ~nds · erefore, ~d prowdmg ~ effective date (B~d 2625 - Downto~ ~provements Projects aw~dcd to T~ D~ LTD m thc ~ount of $~95,~25 55) BID INFO~ATION: Th~s b~d ~s for the constmctmn of ~mprovements to the downtown ~ea of thc C~ty of Denton Thc project consmt of demohtmn of ex~stmg pavement, pavers, s~dewalk ~d curb ~d gutter, ~mpmvements to the dr~nage ~d rcmstallatmn of pawng, s~dcwalks c~b ~d gutter ~d pavers Also included ~e Alternate(s) 1 pawng ~d crosswalks on thc Co.house s~de ~d Alternate ~cs~facmg of all mt~or s~eets Alternates 2, 3, 4 & 5 am not ~ncluded (See Tabulatmn Sheet for Alternate descnptmn) ~COMMENDATION' We rcco~end ~s b~d be aw~ded to thc lowest responsible b~ddcr, T~ DAL LTD m thc ~ount of $~95,~25 55 ~ncludmg base b~d plus Alternate 1 ~d Alternate 6 P~NCIP~ PLACE OF BUSINESS. T~ D~ LTD Southl~e, TX ESTIMATED SCHEDULE OF PROJECT. Th~s pro~cct ~s scheduled for subst~tml compleUon ~e second week m August 2001 FISCAL INFO~ATION: Th~s projcc~ will be ~ded ~om thc following sources · 4~1-031-DO~-9827-91~2 $15~,404 00 · 4~2-031-~C~-9950-91~1 $412,175 00 · 455-0~1-P~-9905-9101 $ 7,2~000 · 455-031-P~-9908-9101 $ 48,5~0 00 · 459-020-STRT-9751-9152 $ 51,060 00 · 4~1-031-~C~-9816-91~1 $ 909 55 · 453-0~1-P~-9743-9107 $ 2~61 00 · 453-038-P~-9~29-9009 $ 1~,92~ 00 $~95,625 55 Agenda information Sheet February 6, 2001 Page 2 Respectfully submltted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1510 Agenda ATTACHMENT 1 TABULATION SHEET BID: 2625 Date 1/18/01 DOWNTOWN IMPROVEMENTS No Qt¥ DESCRIPTION VENDOR VENDOR ~ ARCHITECTURAL I I TRI DAL LTD UTILITIES DBA- AUI Principle Place of Business SOUTHLAKE, TX FORTWORTH,TX TOTAL BASE BID $459,295 45 $621,838 37 A[t:ernate I. Court Hoo$e Side Pavirtg and I~ro~$wajks $185,269.50 $264,772 74 ALTERNATE 2 - Irrigation $34,324 10 $47,174 20 System Alternate 3 - Site accessories $62,560 00 $55,296 00 benches, planter boxes, etc Alternate 4 - Landscape plants, flowers, bed, mulch $31,264 20 $62,049 80 Alternate 5 - Site accessories Court House Side $8,120 00 $7,160 00 Alternate $* Resurface all Interior Street Paving $51,060.60 $68,498 84 BID BOND YES YES ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE DOWNTOWN EVlPROVEMENT PROJECT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2625 - DOWNTOWN IMPROVEMENTS PROJECTS AWARDED TO TRI DAL LTD, IN THE AMOUNT OF $695,625 55) WHEREAS, the City has sohmted, and received competitive sealed bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described b~ds are the lowest respondent for the construction of the pubhc works or ~mprovements described m the Ind invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed bid for the construction of pubhc works or lmprovem,nts, as described in the "Sealed B~d Invitations", or plans and specifications on file m the Office of the C~ty's Purchasing Agent filed accorchng to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2625 TRI DAL LTD $695,625 55 SECTION II That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the C~ty and the person submitting the bid for construction of such public works or improvements hereto accepted and approved, until such person shall comply w~th all reqmrements specified m the Notme to Bidders including the timely execution of a wntten contract and furnishing of performance and payment bonds, and insurance certfficate after notification of the award of the bid SECTION 1II That the City Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved hereto, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto spemfy~ng the terms, conditions, plans and specifications, standards, quantities and specified sums contmned therein SECTION IV That upon acceptance and approval of the above competitive sealed bids and the executmn of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Council hereby authorizes the expenditure of funds ~n the manner and ~n the amount as specffied in such approved b~ds and authorized contracts executed pursuant thereto SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2625 - CONTRACTLk~ ORDINANCE 1-2001 E)ate ~ ~/ AGENDA DATE' February 6, 2001 Questions concerning th~s acqms~tlon may be d~rected DEPARTMENT' Purchasing to Sharon Mays 349-8487 ACM: Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT: An Ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission fees to those listed crees and utlhtles providing energy transm~ssmn services to the Ctty of Denton, and prowdmg an effective date (PO 12417-TXU Electric Transmission Dtws~on, PO 12134- American Electric Power Central & Southwest Service, PO 12135-Rehant Energy HL & P, PO 12136-Lower Colorado Raver Authority, PO 12137-Brazos Electric Power Coop, ][nc, PO 12138 - Austin Energy m the total amount of $458,908 90) BID INFORMATION. The SlX purchase orders reflect the estimated cost of the transmission of electrical energy from the generatmn source to the Denton Municipal Electric D~stnbutton System for the months of January - May 2001 The purchase orders are for payment of a fee ~mposed by the Pubhc UUhty Commission of Texas (PUCT) for planned transmission services of energy dehvered to the C~ty of Denton The Public Utlhty Regulatory Act of 1995 (PURA 95) required the development of a new, statewlde mechanism for electric transmission service m Texas PURA 95 also placed municipal ntdltles under the junsd~cUon of PUCT for matters related to transntlssmn As a result, the Denton Municipal Electric Utd~ty has been ordered by the PUCT to pay various other electric uttlmes m the State specific amounts The approval of the subject purchase orders provide the C~ty of Denton the authority reqmred by the City Charter to make those payments These purchase orders will encumber funds estimated as costs for services through May 2001 No funds will actually be spent until invoices are received, reviewed, and approved RECOMMENDATION' We recommend approval of Purchase Order PO 12417 - TXU Electro Transmission Dw~slon, PO 12134-American Elecmc Power Central & Southwest Service, PO 12135- Reliant Energy HL & P, PO 12136-Lower Colorado Raver Authority, PO 12137-Brazos Eleemc Power Coop, Ine, PO 12138 Austin Energy m the total amount of $458,908 90 Agenda Infonnat~on Sheet February 6, 2001 Page 2 PRINCIPAL PLACE OF BUSINESS. American Elecmc Power Rehant Energy HL&P Lower Colorado Raver Authonty Central & Southwest Srvs Houston, TX Austin, TX Tulsa, OK Brazos Elec Power Coop, Inc Austin Energy TXU Electric-Transmission D~v~s~on Waco, TX Austin, TX Dallas, TX FISCAL INFORMATION: Funds to meet these regulatory fee obhgatmns were budgeted ~n a 2000-01-budget account (610-132-1032-5650-8587) The rate remains unchanged from 1997-98 figures Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 PO 12134 - American Electric Power Central & Southwest Servmes $ 73,680 00 PO 12135 - Rehant Energy HL&P $ 89,067 90 PO 12136 - Lower Colorado Raver Authority $ 55,515 00 PO 12137 - Brazos Elec Power Coop, Inc $ 32,458 00 PO 12138 -Austtn Energy $ 27,973 00 PO 12147 - TXU Elec- Transm~ssmn D~v $180,215 00 1502 AGENDA ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE (PO 12417-TXU ELECTRIC TRANSMISSION DIVISION, PO 12134-AMERICAN ELECTRIC POWER CENTRAL & SOUTHWEST SERVICE, PO 12135-RELIANT ENERGY HL & P, PO 12136-LOWER COLORADO RIVER AUTHORITY, PO 12137-BRAZOS ELECTRIC POWER COOP, INC, PO 12138 - AUSTIN ENERGY IN THE TOTAL AMOUNT OF $458,908 90) WHEREAS, m order to comply w~th the legislative reqmrements contmned ~n the Pubhe Utility Regulatory Act of 1995, for the payment for energy transm, ss~on services fees, the C~ty of Denton ~s reqmred to pay such fees ~mposed by the Pubhc Utflmes Commission of Texas to SlX hsted utflmes set forth m Exhibit "A" and WHEREAS, the C~ty Manager has rewewed and recommended that the City Council approve and authorize the payment of such fees, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the expenditure of funds m the amount of $458,908 90 to be pa~d to the Dsted Utflmes ~n the specified amount shown on Exhibit "A", which ~s attached to and made a part of th~s ordinance for all purposes is hereby authorized SECTION II That th~s ordinance shall become effect, ye immediately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY FEE ORDINANCE PC 12134 12135,12136 12137,12138,12147 EXHIBIT "A" Purchase Order 12134 - American Electric Power Central & South West Services $ 73,680.00 Purchase Order 12135 - Reliant Energy HL&P $89,067.90 Purchase Order 12136 - Lower Colorado River Authority $55,515 00 Purchase Order 12137 - Brazos Elec. Power Coop, Inc. $ 32,458.00 Purchase Order 12138 - Austin Energy $ 27,973.00 Purchase Order 12147 - TXU Elec. - Transmission Div. $180,215.00 TOTAL $ 458,908.90 FEE ORDINANCE PC 12134 12135 12136 12137 12138,12147 ,~gend~ Item '/~e'~ 0 AGENDA INFORMATION SHEET Date ~9~/L9~/~°/</< AGENDA DATE: Feb~ 6, 2001 Qucstxons concerning thxs acqmsmon may b~ d~r¢ctcd DEPARTMENT' Materials M~agem~nt to Charhe Watkms 349-844~ ACM. Kathy D~ose, F~scal =d Mumclpal S¢~mes ~ SUBJECT' An Ordinance of the C~ty of Denton, Texas authorizing the City Manager to execute a Pro£esslonal Services Agreement w~th ETTL Engineers & Consultants Inc for Hydrogeologlcal Consulting and Anal~lcal Se~lces pertaining to thc City of Denton Landfill (MSW Permit No 1590A), anthonzmg the expenditure of funds therefore, and provid~ng for rctroactwe effect of the agreement (PO 12551-ETTL Engzneers & Consultants, Inc ~n the amount of $43,202 37) PROFESSIONAL SERVICES INFORMATION This Professional Servmes Agreement ~s to prowde Hydrogeologlcal Consulting and Analytical Services at the City of Denton Landfill for the period of January 1 through September 30, 2001 These services will be conducted on a semi-annual bases and will consist of ground-water momtonng events and reporting for 23 momtonng wells m accordance with the existing Texas Natural Resources Conservation Commlssmn (TNRCC) approved Ground-Water Samphng and Analysis Plan and Texas Admimstrat]on Code (TAC) at the Landfill Facthty ETTL Engineers & Consultants, Inc drilled the monitor wells at our site and have provided all the momtonng and reporting to TNRCC to date They are very famthar with our site that is located ~n the Woodbane Formatmn Momtonng and accurately znterpretlng groundwater data in the Woodbine Formation can be challenging if a firm Is not experienced m deahng with its unique eharaetensUes Th~s firm prowdes a full scope of services and there is no third party Involved These rates are compemlve and the rates provided in thas contract are the same as they were last year The firm provides good reports and is held in high esteem by the TNRCC PRIOR ACTION/VIEW (COUNCIL~ BOARDS, COMMISIONS) The Pubhc Utility Board approved this contract m January 8, 2001 RECOMMENDATION: We recommend this Professional Services Agreement between the City of Denton and ETTL Engineers & Consultants, ][nc, in the amount of $43,202 37 Agenda Information Sheet February 6, 2001 Page 2 PRINCIPAL PLACE OF BUSINESS. ETTL Er~gmeers & Consultants, Inc Tyler, TX ESTIMATED SCHEDULE OF PROJECT. Th~s contract will remmn m effect through September 30, 2001 FISCAL INFORMATION: Th~s contract will be funded from Sohd Waste 2000-2001 budget account (630-024-0803-8502) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 12551 to ETTL Engineers & Consultants, Inc Attachment 2 Proposal from ETTL Engineers & Consultants, Inc 1503 Agenda 01/10/2001 WED 10 34 F,~ 9035956113 E'ITL ENGINEERS ~002 ATTACHMENT 2 ETTL ENGINEERS & CONSULTANTS INC. GEOTECHNICAL · MATERIALS · ENVIRONMENTAL Janutay 10, 2001 Tyler, T~as Daw_d Dugger Landfill Superintendent C~y of Denton 901~A Texas Street Denton Texas PROPOSAL HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES CITY OF DENTON LANDFILL (MSW PERMIT NO, 1590A) DENTON (DENTON COUNTY), TEXAS Dear Mr Dugger l~accordancevathyourrece~requem, ETrL ~..!me~s & Consutmntslnc (ETTL) is pleased to submit the follovan~ proposal for providing hydmgeologlcal consul~ng and aaab~cal services at the City of Denton (the City) landfill for a one-year period commencing January 1, 2001 E TTL w~l serve as the C~y's professm~al semuces consuRant relauve to all laudifll ground-water momIormg, data review, reporting, and general geological and hydrogeologucal semae~s, where needed Scope of Services As we unders~A-a X, the work will consm't of conducting seml. A,~nual 8round-water morotormg events and reporting m accordance vath the emstmg Texas Natural Resource ConservaUon Comm,ss~on- (TNRCC) approved Ground-water Samplm$ ~wl Analyms Plan (OWSAP) and ~0 Texas AdministmUw Code (TAC) §3~0 233-330 241 at *.he above- referenced fac~'y The following dtscusmon provides a detmled cxpI~,~on of the services provided · Hydrogeolo~.cal Co~g - includes 1) generation and on-going maml~mnce ora dam base of emsimg ground-water ch~mlcal dam, 2) managmmmI ~,~,t d~r~ct supervision of g~oundowater monkormg ewa~s, 3) review of imalyhcal dam, 4) preparatton of sen~.~mnual ground-waer reentering reports and slatmtacal evaluations, 4) evaluauon and subrmttal of s~e-appropnate smtmlical ~.~lyms method(s), and ~) ¢on'espondense with TN'RCC regarding ground-water quahty issues The City vall be conimually reformed of all mom~ormg results and HOME OFFICE TBXARKANA LONQVlE1N 1717 East Erwin Street 210 Beech Stteet 707 West cotton Street Tyler Texas 75702-6998 Texarkane, Arkallsas 71854 Longvlew, Texas 75604.8505 Office (903) ~<95 4421 Office (870) 7720013 Office (903) 7580402 LSt3 (903) $95-640o Fax (870) 772-0320 Fax' (903) 758 8245 Fax (903) $95 6113 Mr David Duggcr, City of Denton January 10, 2001 Page 2 provided on-gomg recommendations and opunons regarding necessary achon, ~ ne~dsd. , ~,.~lyt~cal Ser~ces - mchdes sampling and analym of ground-water samples collected at landfill facll~y m accordance w~th TNR. CC-approved GWSAP. A Wtal of 20 monitoring well% which comprise thc faery ClVlSW l%~at N'o 1590A) ground-water momtortng system, and 3 momwrmg wells, whch comprise the former facthty (MSW Per~t No 1590) system, will be gauged, purged, ~.~ sampled using ded~ated, low-flow pumps and a Well W~zard® n~cropurge system In addition, a leachate sample ~ be collected and analyzed for necessary pre-treatments cons'atuents as required by the waste water Ircatmant plant All analyses ~ be performed using EPA-approved methods at ETTL's laboratory located m Tyler, Texas, · SmntasTM for G-round Water Mamtenauce Agreement - provides for annual upgrades and sof~vare support of SamtasTM, a statistical, analys~s software package capable of performing stamtacal evaluation o fground-watcr qualay data. All Services provided w~l be coordinated and performed under thc &fcc! superws~on of Mr Les Jesk¢, Operatmns Manager/Hydrogeolog~ Low-flow purging and samphug acuv~tlcs ~ be conducted using mstrmnents and eqmpment owned aud maintained by the City In the event the ms~uments arc found m need of repmr, we w~l notify the C~ty promptly to insure mmmlal delays m completing the scheduled rnomtormg events The G~ty va~l be reapons~le for all costs assocmtcd w~th repairs and on-going maintenance Cost Estimate Baseduponthe above scope of services and our understanding oftheproject, we have prepared the attached Probable Cost Es~m~e which shows the est~raated quantit~es of work and umt fees It ~s estimated that the '~otal amount ofth]~ contract for Sanumy 1, 2001 - September 30, 2001 should not exceed $ 43~202 37 In the event ad&tioml serwces are required b~yond those detaded m fins contract, such vall be performed oil a time and nmtenals barns YOU w~l be notrfied ~funforeseen conda~ons are encountered or there is a necessity to change the scope of work Additional work w~'ll not be performed vathout first obtaining Mr Dawd Dug/er, C~y of Denton January 10, 2001 Page 3 your approval o£the ad&t~onal costs An invoice wtli be submitted at tl~ compleuon o f each sem~-annual event It wdl be based uponthe actualwork performed and the umt traces shown m the attached Probable Cost Bs~;m~te Lfyou have any questions after rcv~cwmg thru proposal, pleasc do not hemtate to contact us We look forward to working vaih you mths endeavor Very truly yours, ETTL ENGINEERS ,~ CONSULTANTS INC /~ Les A. ~'eske Operations Manager/Hydrogeolog~st Attach Probable Cost Esumatc ce M~e Copeland, City of Denton ACCEPTED AND AUTHOI~IZRD day of ,2001, Davtd Dugger, Landfill Superluteade~t, City of Denton 01/10/2001 WED 10 05 FL 9035956113 ET'fL ENGINEERS ~005 PROBABLE COST ESTIMATE (Jauuary 10, 2001) Hydrogeolog~cal Consulting and Analytical Services City of Denton Landfill (MSW Permit No. 1590A) Denton (Denton County), Texas Item Cost Hydrogeolog~cal Consulting Ser~tc~ 1 Hydrogeolog~st (prepare and submit selectmn of stat~ucal anatysts method(s)). LS $ 2,750 00 S~te Vmt to Monitor New QED Low-Flow Purge £qmpment Est 10 hours ~$110.00/hour 1,100 00 Mileage Est 325 mt'les ~ $0.40/mtle 130 00 2 Saint,s for (}round Water Sottwere Mmntenance Agreement (cost +!5%) 339 25 SUBTOTAL .... $ 4,319.25 Semt-,~nnual Detection Ground. water Mon#onng Event 3 Statmtteal Evaluation and Reporting Est. 20 wells ~ $165 00/well $ 3.300 00 4 Ground-water Chem,.~y Review, Data Base Update, and Report Preparation) Hydrogeolog~'t E~t 3 hours (~ $110.00/hour 330 00 Gcelog~ Est 9 hours (~ $$0 00/hour 720 00 5 CADD Operator (,gtonad,.water contour map) Est 2 hours (~ $35 00/hour 70 00 6 Enwronmental Te~hmcmn Est 28 hours ~ $40 00/hour 1.120 00 7 Subsistence (lodging nad meals) E~t 2 days (~ $70 00/day 140 00 Page 1 of 2 01/10/2001 WED 10 35 FAX 90359§6113 PROBABLE COST ESTIMATE - CONTINUED (,January 10, 2001) Hydrogeologieal Consulting and Analytical Servzces City of Denton Landfill (MSW Permit No Denton (Denton County), Texas Item Cos~ 8 lv~leage 130 O0 Est 325 nulcs ~, $0 40/mdc 9 Turhd~y Meter Est 2 days ~ $50 00/day 100 00 10 VOCs, Metals, and Inorganic Analyses . MSWPen~t No 1590A (Table 5-1 Comtttuents GWSAP,) Est 26 samples (1 lcac~te sample, 20 wells, & 5 QA/QC samples) (~ $498 O0/~-~r°ple 12,948 O0 - Adcht~onal pre-treatment ConsUtuants- Leachate (phosphorous, BOD. COD, TSS, oyamdc, and o~ & grease) 88 56 Est 1 sample (~ $85.56/~ampl¢ . l~ormer MSW Pcrmlt Ho 1590 (VOCs only) Est 3 samples ~ $165 00/sample 495 00. SEMI-ANNUAL SUBTOTAL ....... $ 19~441.$6 ANNUAL TOTAL ..... $13,102.37 Ad&Uonal work w~l bc performed upon authonT-at,on by thc C~ty of Denton utd,mug the following rate schedule Hydrogcolo~st - $110 00 per hour Geologist - $80 00 per hour Enwronmental Techmaan - $40 00 per hour Mileage - $0 40 per nnle Oumdc Scrwccs (LC, map reproduction, color photocopies, etc ) - cost +] 5% Addttmnal Expanses (re, meals, lodging, etc ) - cost +15% Page 2 of 2 ORDiNANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ETTL ENGINEERS & CONSULTANTS INC FOR HYDROGEOLOGICAL CONSULTiNG AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL (MSW PERMIT NO 1590A), AUTHORIZiNG THE EXPENDITURE OF FUNDS THEREFORE~ AND PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT (PO 12551-ETTL ENGINEERS & CONSULTANTS, INC IN THE AMOUNT OF $43,202 37) WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of 1ts demonstrated competence and qualifications to perform the proposed professional services, and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provlder's profession and such fees do not exceed the maximum provided by law, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The City Manager is hereby authorized to enter into a professional service contract with the Provider, ETTL Engineers & Consultants, Inc is to provide Hydrogeologlcal Consulting and Analytical Services, a copy ofwhmh is attached hereto and incorporated by reference herein SECTION II The City Manager is authorized to expend funds as required by the attached contract SECTION 1II The findings in the preamble of this ordinance are incorporated herein by reference, SECTION IV This ordinance shall become effective immediately upon its passage and approval 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 PO 12551 -PROFESSIONAL SERVICES FOR ETTL ENGINEERING CONSULTANTS ORDINANCE - 2001 STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL THIS AGREEMENT Is made end entered rotc as of the day of , 2001, by end between the City of Denton, Texas, a Texas Mumc]pal Corporation, w~th its pnnc]pal offices at 215 East McKlnney Slreet. Denton, Texas 76201 (heremaRer "OWNER"), end ETTL Engineers & Consultents. Inc, a Corporation, with its corporate office at 1717 East Erwm S~'eet, Tyler, Texas 75702, (hereinafter "CONSULTANT"), the part]es acting hereto by end through their respecuve duly-authonzed representatives and officers WITNESSETH. that m consideration of the covenents and agreements hereto contained, the part]es hereto do mutually AGREE as follows ARTTC. T ,R T EMPLOYMENT OF CONSULTANT The OWNER hereby conlracts vath CONSULTANT, as en independent contractor, end the CONSULTANT hereby agrees to perform the serwces hereto m connection vath the Prelect as stated m the Articles to follow, with dthgence and m accordance with the professmnal standards customarily obtained for such services m the State of Texas The professional serwcas set forth herein are m connection w~th the following dcscnbed project (the "Project") Providing professional hydrogeolog~cal consulting end enalytical services perta~mng to the City of Denton Lendfill (MSW Pemut No 1590A) for the twelve-month penod beginning on October 1, 2000 and ending on September 30, 2001 ETTL shall serve as the OWNER's consultant relative to all lendfill ground-water momtonng, data review, repomng (including, without lnn~taUon, two sem]-ennual detection ground-water momtonng events), and general geological end hydrogeolog~cal consulting services, where needed on the Project ARTTC. T ,~ TT SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services m a professional manner A To perform all those services as are set forth m the CONSULTANT's final, r~wsed Proposal to the City of Denton, contained m that certain three (S) page letter from Les A Jeske, Operations Menager of Hydrogeolog~¢al Serwces of CONSULTANT to Dawd Dugger, Landfill Supermtendent of OWNER, dated Senuary 10, 2001, winch letter is attached hereto as Exinint "A" and is incorporated herewith by reference B If there ~s eny conflict that arises between the terms of tins Agreement and Exinints "A" and ~,o.,~m~.~..~'~L~.~,,~,~10~ Page 1 of 10 "B" attached to tins Agreement, then the terms and conditions of tins Agreement shall control over the terms and eonchtlons of the attached Exinints A'RTTCT .R 'ITl ADDITIONAL SERVICES Any Addmonal Services to be performed by CONSULTANT, ff authorized by OWNER, winch are not included as Bame Services in the above-described Scope of Services, set forth ~n Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, m wntlng, the scope of such Adchtmnal Services, the amount of compensation for such additional services, and other essential terms pemmmg to the provision of such Addmonal Services by CONSULTANT A partial hstmg of possible Additional Services and the rates therefor, are set forth on page two (2) of the Probable Cost Estmaate (September 5, 2000) winch m attached hereto as Exinblt "B" and incorporated by reference herewith ARTTf~T.I~ TV PERIOD OF SERVICE The parties hereby ratify tins Agreement, and the parties agree that th~s Agreement shall be retroactively effecttve as of October 1, 2000, upon its executton by OWNER and CONSULTANT, and upon the issuance of a notice to proceed by the OWNER Tins Agreement shall remain m force for the period winch may reasonably be reqmred for the complerton of the Project, mcluthng Addmonal Servmes, if any, and any r~qmred extensions approved by the OWNER, or until September 30, 2001, winchever event shall first occur Tins Agreement may be sooner terminated m accordance with the prowmons hereof TIME IS OF THE ESSENCE IN THE PERFORMANCE AND COMPLETION OF THIS AGREEMENT CONSULTANT shall make all reasonable efforts to complete the services set forth hereto as expedltaously as possthle and to meet the schedule(s) reasonably established by the OWNER, acting through its Director of Solid Waste or las designee ARTTCLF, V COMPENSATION A COMPENSATION TERMS 1 "Dtrect Non-Labor Expense" is defined as that expense [other than "per diem" expense], based upon actual cost plus fifteen (15%) percent, for any out-of-pocket expense reasonably incurred by the CONSULTANT related to its performance of tins Agreement, for long distance telephone charges, telecopy charges, messenger services, pnnUng and roproduetlon expenses, out-of-pocket expenses for purchased computer time, prudently recurred travel expenses related to the work on the ProJect, and similar incidental expenses recurred an eonnecUon w~th the ProJect B BILLING AND PAYlVmNT For and m conmderataon of the professional services to be performed by CONSULTANT hereto, OWNER agrees to pay CONSULTANT, based upon the saUsfactory completion of the Basic Services tasks set forth m the Scope of Servmes as shown m Article II above, as ~ ,o~, ~..,~.,~,~.~ ~..~.~ ~,,, ,~ ~.~oo, or~ P age 2 o f 10 follows 1 CONSULTANT shall perform ~ts work on ttus Project on an hourly fee bas~s, plus renubursement for all reasonably mcurred out-of-pocket expenses, billed monthly, or for longer penods of tune CONSULTANT shall Nil fi.om t~me sheets, m mlmmum ¼ hour increments of t~me, at the rates and subject to the terms set forth ~n CONSULTANT's "Probable Cost Estrmate" wNch m contained ~n ExtnNt "B" heretofore referred to ~n Artmle l~I OWI'~R shall pay to CONSULTANT for ~ts professional services performed, and for ~ts out-of pocket expenses recurred m the Project, a total amount not to exceed $43,202 37 2 Partml payments to the CONSULTANT will be made monthly based on the percent of actual completion of the Basic Serwces, rendered to and approved by the OWNER through ~ts D~rector of Sohd Waste or Ins demgnee However, under no mrcumstances shall any monthly statement for services exceed the value of the work performed at the t~me a statement ~s rendered The OWNER may w~thhold the final ten (10%) percent of the above not-to-exceed amount until satisfactory completmn of the Project by CONSULTANT 3 Nothing contained m ti'ns Article shall reqmre the OWNER to pay for any work that ~s not subnutted m comphance v~th the terms of tlus A~reement OWNER shall not be reqmred to make any payments to CONSULTANT at any time when CONSULTANT ~s m default under tNs Agreement 4 It ~s specffically understood and agreed that the CONSULTANT shall not be authonzed to unde~ake any work pursuant to tins Agreement wluch would reqmre addmonal payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated heremabove, v~thout first hawng obtained the pnor wntten authonzat~on of the OWNER CONSULTANT shall not proceed to perform any services to be later prowded for under Article III "Adthtmnal Services" w~thout first obtaining prior wntten authonzatmn fi.om the OWNER C ADDITIONAL SERVICES For Adthtmnal Serwces authonzed m wntmg by the OWNER ~n Artmle nI heremabove, CONSULTANT shall be prod based on a to-be-agreed- upon Schedule of Charges Payments for Addmonal Servmes shall be due and payable upon subn~ssmn by the CONSULTANT, and shall be m accordance w~th ExluNt "B" attached hereto, and Article V B heremabove Statements for Basra Services and any Add~tmnal Services shall be subrmtted to OWNEK no more fi.equently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses w~thm sixty (60) days after recmpt of the CONSULTANT's undtsputed statement thereof, the amounts due the CONSULTANT wdl be increased by the rate of one percent (1°,4) per month fi.om and after the sa~d s~xt~eth (60th) day, and m adthtton, thereafter, the CONSULTANT may, after gtvmg ten (10) days written notme to the OWNER, suspend servmes under tins Agreement unt~l the CONSULTANT has been prod m full for all amounts then due and ov~ng, and not d~sputed by OWNER, for servtces, expenses and charges Prowded, however, nothing hereto shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth hereto, ~f the OWNER reasonably deternunes that the CONSULTANT's work ~s not subrmtted m accordance w~th the terms of tlus Agreement, m accordance w~th ArOacle V B of ti'ns Agreement, and OWNER has promptly notffied CONSULTANT of that fact in writing ARTICI,~ VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in dlscovenng and promptly reporting to the OWNER any defects or deficiencies m the work of CONSULTANT ARTTCT,I~ VTT OWNERSHIP OF DOCUMENTS All documents prepared or funushed by the CONSULTANT pursuant to fins Agreement are instruments of service and shall become the property of the OWNER upon the termmatmn of tins Agreement The CONSULTANT ]s entitled to retam copies of all such documents The documents prepared and furmshed by the CONSULTANT are intended only to be apphcable to this project and OWNER's use of these documents m other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement m another project or for other purposes than specified hereto any of the mformatmn or materials developed pursuant to tins agreement, CONSULTANT is released from any and all habthty relating to their use m that project A~R TTC~T .IR VTTT INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent Contractor, not as an employee of the OWNER CONSULTANT shall not have or Claim any right arising fi'om employee status ARTTC]T.I~, T¥ INDEMNITY AGREEMENT The CONSULTANT shall lndemr~f7 and save and hold hal'Tnless the OWNER. and its officials, officers, agents, attorneys and employees from and against any and all haInhty, clamas, demands, damages, losses and expenses, including but not lnmted to Court costs and reasonable attorney fees recurred by the OWNER, and moIndmg without lnmtatmn damages for bodily and personal injury, death, or property damage, resulting from the neghgent acts or omass]ons of the CONSULTANT or ]ts officers, shareholders, agents, attorneys and employees m the executmn, operation, or performance of tIns Agreement Notinng m tIns Agreement shall be construed to create a haInhty to any person who ]s not a party to tins Agreement and nothing hereto shall waive any of the party's defenses, both at law or equity, to any clmm, cause of aCt]on or ht~gat]on filed by anyone not a party to tins Agreement, including the defense of governmental lmmumty, winch defenses are hereby expressly reserved ARTTC. T.F ~Z INSURANCE DBrmg the performance of the serV1Ces ander tins Agreement, CONSULTANT sh~,]] maintain the following insurance with an insurance Company licensed to do bnsmess m the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate Careers of at least an "A-" or above A Comprehenmve General Llainhty Insurance w~th bodily injury fronts of not less than $1,000,000 for each occurrence and not less than $I,000,000 ~n the aggregate, and w~th property damage lmuts of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Lmbfl~ty Insurance *nth bodily injury lnmts of not less than $1,000,000 for each person and not less than $1,000,000 for each acmdent and w~th property damage hrmts for not less than $100,000 for each acmdent C Workers Compensation Insurance m accordance w~th statutory reqmrements, and Employer's Lmbfllty Insurance w~th lmuts of not less than $100,000 for each accident D Professional Llablhty Insurance or appropriate Errors & Ormsslons Insurance w~th la'rots of not less than $1,000,000 annual aggregate E CONSULTANT shall furmsh manrance certfficates or insurance pohc~es at the OWNER's request to ewdence such coverages The insurance pohmes shall name the OWNER as an adcht~onal insured on all such pohc~es to the extent that ~s legally possible, and shall contain a prows~on that such insurance shall not be cancelled or modified wathout thru'7 00) days prior written notme to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effecttve date of the change or cancellaUon of coverage, dehver cop~es of any such substitute pohcaes, furmsInng at least the same pohcy hrmts and coverage, to OWNER ARTTCT.F, XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The pa_roes will make efforts to settle any chsputes arising under tlms Agreement by subn'nttmg the d~spute to arbitration or other means of alternate d~spute resolutaon such as medmtton However, no arbitration or other form of alternate chspute resolution arising out of, or relating to ttus Agreement mvolwng one party's d~sagreement may include the other party to the d~sagreemant w~thout the other's approval ARTTCT,R XTT TERMINATION OF AGREEMENT A Notwtthstandmg any other prov~sxon of tins Agreement, e~ther party may tenmnate ttus Agreement by providing thn'ty (30) days advance written nouce to the other party B Ttus Agreement may alternatively be terminated m whole or m part m the event of e~ther party substantially failing to fulfill its obhgat~ons under tins Agreement No such termmatmn w~ll be effected unless the other party ~s g~ven (1) written notme (dehvered by cemfied ma~l, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than tturty (30) calendar days to cure the fadure, and (2) an oppormmty for consultation w~th the terrmnatmg party prior to tenmnatlon C If the Agreement ~s terminated prior to completion of the services to be prowded hereunder, CONSULTANT shall mamedsately cease all services upon receipt of the wntten noUee of termmatmn from OWNER, and shall render a final ball for services to the OWNER w~thm twenty (20) days after the date of termmatmn The OWNER shall pay CONSULTANT for all serwees properly rendered and salasfaetonly performed, and for remabursable expenses prior to not~ee of termination being received by CONSULTANT, m accordance w~th Amcle V of ttus Agreement Should the OWNER subsequently contract w~th a new eonsuRant for the continuation of services on the Project, CONSULTANT shall cooperate m prowdang mformat~on to the OWNER and to the new consultant If apphcable, OWNER shall allow CONSULTANT a reasonable ttme to transmon and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT pursuant to tbas Agreement to the OWNER on or before the date of termination, but may maintain eop~es of such documents for ~ts files ARTTC~T ,~ ~X-ITT RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constgute nor be deemed a release of the respons~blhty and habthty of the CONSULTANT, ~ts officers, employees, or agents, for the accuracy and competency of their work performed pursuant to tlus Agreement, nor shall such approval by the OWNER be deemed as an assumption of such respons~bthty by the OWNER for any defect m the work pl~ared by the CONSULTANT, gs pnnc~pals, officers, employees, and agents ARTTCT,~ XTV NOTICES All not~ees, commumCat~ons, and reports required or permatted under th~s Agreement shall be personally dehvered to, or teleeopled to, or totaled to the respective part,es by depomtmg same m the Umted States marl at the addresses shown below, postage prepmd, Certified mml, return receipt requested, unless other~v~se specified hereto TO CONSULTANT TO OWNER ETTL Engineers & Consultants,/nc City of Denton, Texas Les A Seske, Mgr ofHydrogeolog~¢al Servmes MIchael W Sez, C~ty Manager 1717 East Erwm Street 215 East MCK~mey Street Tyler, TeXas 75702 Denton, Texas 76201 Fax (903) 595-6113 Fax (940) 349-8596 All not~¢es under tbas Agreement shall be effective upon their actual receipt by the party to whom such not,ce ~s g~ven, or three (3) days after marling of the not~ee, wtuchever event shall first Occur ARTTC~T,F, ~ ENTIRE AGREEMENT Tlus Agreement consisting of ten (10) pages and two (2) Exhibits constitutes the complete and final expression of the Agreement of the parties and is mtended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiataous, dlseusslons, eommumeatlons, understandmgs, and agreements wbach may have been made m eouneetlon with the subject matter of tins Agreement ARTTC~T .R 'XVT SEVERABILITY If any provision of tins Agreement is found or d~med by a court of competent 3unschctaon to be invalid or unerrt'orceable, ~t shall be considered severable from the remainder ofttus Agreement, and shall not cause the remmndcr to be mvahd or unenforceable In such event, the parties shall reform tbas Agreement, to the extent reasonably possible, to replace such stricken prowsion with a vahd and enforceable prowsion which comes as close as possible to expressing the original mtent~ons of the parties respecting any such stricken provision ARTT~T.F. 3('VTT COIVI~LIANCE WITH LAWS CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTT~T,E XMFIT DISCRIMINATION PROHIBITED In performing the services required hereunder, CONSULTANT shall not &scnmmate agamst any person on the basis of race, color, rehgion, sex, national ongm or ancestry, age, or physical handicap ARTTO. T.F, XTX' PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services reqmred under tbas Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately reform the OWNER m wntmg o£ any conflict of interest or potential conflict of interest that CONSULTANT may discover, or wbach may arise dunng the term oftbas Agreement B OWNER reqmres that CONSULTANT carefully safeguard ali documents, data, and reformation provided by OWNER to CONSULTANT mcldent to tbas engagement CONSULTANT recograzas that such documents, data, and mformatlon, mvolve sensitive, compeUtlve issues, m some cases, confidential mt'ormatlon, and m some cases proprietary mformat~on, and the c~sclosure o£ such information by CONSULTANT to any tlurd par~y, ~,o., O~r..,,~,.,.,.~r..~.,~,,,, ~,,,.S^ ~-~, o,~ Page 7 o f 10 wtthout the express written consent of OWNER, ts expressly proinbtted by OWNER, and would hkely cause econonnc loss and detriment to OWNER Any such unauthorized dtsclosure of Information by CONSULTANT shall eonsnmte an act of default respecting tins Agreement CONSULTANT represents to OWNER that tt will safeguard OWNER's tnformanon and will, upon OWNER'S reasonable request, provide OWNER wtth CONSULTANT'S policies regarding its procedures for Mennfymg conflacts of interest, and as procedures and safeguards wbach are m place winch would apply to CONSULTANT'S treatment and handling of OWNER'S documents, data, and mformat~on during flus engagement C All sermces reqmred hereunder will be performed by CONSULTANT or under tts direct supermsion All personnel engaged m performing the work provided for m tins Agreement, shall be qualified, and shall be anthonzed and penmtted under applicable state and local laws to perform such servtces AR TTCT,I~. X'~ ASSIGNABILITY The CONSULTANT shall not asstgn any interest tn ti'ns Agreement and shall not transfer any interest m tins Agreement (whether by assignment, novanon or other, vtse) without the pnor wntten consent of the OWNER CONSLTLTANT shall promptly nonfy OWNER of any change of its name as well as of any matenal change mtts corporate structure, its locanon, and/or mtts operanons ARTT~T,~?X~XT MODIFICATION No waiver or mochfication of flus Agreement or of any covenant, conchtmn, lnmtanon hereto contatned shall be vahd unless m wnnng and duly executed by the party to be charged therewith No evtdence of any waiver or mochficatlon shall be offered or recetved m ewdence m any proceedtng ansmg between the pames hereto out of or affecting tins Agreement, or the nghts or obhganons of the parties hereunder, unless such waiver or modfficanon is m wntmg, duly executed The paraes further agree that the provtstons of tins Artmle will not be wmved unless as hereto set forth A R"I"T~T .~ XXTT MISCELLANEOUS CONSULTANT agrees that OWNER shall, unnl the explranon of three (3) years after the final payment made by OWNER under tins Agreement, have access to and the right to examine any dtrectly pertmant books, documents, papers and records of the CONSULTANT tnvolvmg transacttons relating to tins Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facfllUes and shall be provided adequate and appropriate working space tn order to conduct exammaUons or audits m compliance wtth tins Amcle OWNER shall g~ve CONSULTANT reasonable advance nonce of all intended exammanons or audits Venue of any suit or cause of action under flus Agreement shall he exclusively tn Denton ~.,~.,,,~.~,~,*L,~,~ L.~,,, ,s^2~-:~,o,~ ~ Page 8 o f l 0 County, Texas Tins Agreement shall be governed by end construed m accordance with the laws of the State of Texas C For purposes of tins Agreement, the pames agree that Les A Jeske ("Jeske") shall serve as the ProJect Manager of CONSULTANT respectung ttus engagement Tins Agreement has been entered rote w~th the understanding that Jeske shall serve as the CONSULTANT's ProJect Manager and vail be the key person serving the OWNER on tins Project Any proposed changes requested by CONSULTANT, respecting Jeske serving as the ProJect Manager on the Project, shall be subject to the approval of the OWNER, winch approval the OWNER shall not unreasonably w~thhold Nothing harem shall Inmt CONSULTANT from uslng other quahfied and competent members of its finn to perform the other services reqmred harem, under ~ts superwsmn or control D CONSULTANT shall commence, carry on, and complete ~ts work on the Pro.~ect w~th all apphcable chapatch, and ~n a sound, econormcal, efficient manner, and m accordance with the prov~s~ons hereof In accomphsb, mg the Project, CONSULTANT shall take such steps as are appropriate to onsur~ that the work revolved is properly coordinated w~th related work being earned on by the OWNER E The OWNER shall assist and fully cooperate w~th CONSULTANT by placing at the CONSULTANT's d~sposal all avmlable mformat~on pemnent to the Project, mcindlng prewous reports, any other data relative to the Prelect and arrengmg for the access to, and make all provisions for the CONSULTANT to enter m or upon, pubhc and private property as reqmred for the CONSULTANT to perform professional services under ttus Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon background information furmshed to ~t by OWNER vothout the need for further ~nqmry or investigation ~nto such mformat~on F The captions of tins Agreement are for mfonuat~onal purposes only and shall not m any way affect the substantive terms or conchUons of tins Agreement IN WITNESS WHEREOF, the C~ty of Denton, Texas has executed this Agreement m four (4) original counterparts, by and through ~ts duly-anthonzed City Manager, and CONSULTANT has executed tins Agreement by and through its duly-authorized undersigned officer, on this the day of ,2001 CITY OF DENTON, TEXAS A Mumc~pal Corporation By Michael W Jez, C~ty Manager ATTEST YENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" ETTL ENGINEERING & CONSULTANTS, INC A Corporation ATTEST Agenda Item ,~/ ,,- I AGENDA INFO~ATION SHEET ~ate0 ,10 1 1_ AGENDA DATE: Febm~ 6, 2001 Questions concerning th~s acqu~mt~on may be d~rected DEP~TMENT' Maten~s M~agement to Ca~ Tower 349-8424 ACM Kathy D~ose, F~seal ~d Mumc~pal Seduces ~om Shaw 349-7100 SUBJECT: ~ Ordinate accepting eompeUtwe b~ds and awarding a conffact for the purch~e of a Trencher w~th Trader, prowdmg for ~e expenditure of ~nds therefore, ~d prowd~ng ~ effecUve date (B~d 2609 -Trenchers ~d Traders, (B~d Item 1) awarded to Future Eqmpment Comply, ~n the ~o~t of $42,953) BID INFO~ATION: Th~s b~d ~s for the purchase of a m~d-s~ze four wheel drive trencher ~d trmler The umt wall be asm~ed to the P~ks ~d ReereaUon Dep~ent for routine mmntcn~ce ~d new constmctmn ~COMMENDATION' We reco~end ~s bxd be aw~ded to the lowest responsible b~dder for Item 1, Future Eqmpmont, m the ~o~t of $42,953 We also recommend Item 2 ~d a l~ger d~teher ~d ~mler not be aw~ded ~d that all b~ds be rejected The using dep~ment has requested ~at the spee~fieatmns be rewsed to describe a ~t more statable for their needs and that the eqmpment then be reb~d P~NCIpAL PLACE OF BUSINESS: Furze E~mpment Comply Euless ~d Gameswlle, TX ESTIMATED SCHEDULE OF PROJECT. Dehve~ of the Item 1 Trencher ~d Tr~ler ~s estimated to be 30 days a~cr receipt of ~ order or the second week m M~ch 2001 FISCA~ INFO~ATION' Th~s trencher ~d Wader wall be ~nded ~om Motor Pool Funds account (720-025-0584-9102) Respeet~lly submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attac~,nt 1 TabulaUon Sheet ATTACHMENT 1 TABULATION SHEET BID # 2609 DATE 12/14/00 TRENCHERS WITH TRAILERS NO I Qt¥ I DESCRIPTION VENDOR VENDOR VENDOR VENDOR , FUTURE WITCH VERMEER ZlMMERER ~ EQUIPMENT EQUIPMENT Principle Place of Business EULESS, TX ARLINGTON, TX IRVING, TX DENTON FOUR WHEEL DRIVE RIDING 1 EA TRENCHER (APPROXIMATELY 55 $42,953 00 $48,551 57 $45,834 75 NO BID 1 HORSEPOWER) WITH TRAILER FOUR WHEEL DRIVE RIDING 1 EA TRENCHER (115 HORSEPOWER NO BID $78,145 25 $77,910 40 NO BID 2 CLASS) WITH TRAILER 1 Lt Extended Warranty (Item 1) Included Included Included NO BID 3 1 Lt Extended Warranty (Item 2) No B~d Included $2,250 00 NO BID 4 1 EA Total for Item 2 w~th Extended $78,145 55 $80,160 40 NO BID 5 Warranty DELIVERY 30 DAYS 30 DAYS 30 DAYS NO BID ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BiDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRENCHER WITH TRAILER, PROViDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2609 - TRENCHERS AND TRAILERS, (BID ITEM 1) AWARDED TO FUTURE EQUIPMENT COMPANY, IN THE AMOUNT OF $42,953) WHEREAS, the City has sohe~ted, received and tabulated competitive btds for the purchase of necessary materials, eqmpment, supplies or services ~n accordance w~th the procedures of State law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has rev, ewed and recommended that the herein described bids are the lowest responsible b~ds for the materials, eqmpment, supphes or services as shown m the "B~d Proposals" submitted therefore, and WHEREAS, the City Council has prowded ~n the C~ty Budget for the appropnatlon of funds to be used for the purchase of the materials, equipment, supphes or servmes approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items ~n the following numbered b~ds for materials, equipment, supplies, or services, shown m the "Bid Proposals" on file ,n the office of Purchaslng Agent, are hereby accepted and approved as being the lowest responsible b~ds for such items BID VENDOR AMOUNT 2609 Future Eqmpment Company $42,953 SECTION 1I That by the acceptance and approval of the above numbered ~tems of the submitted bids, the C~ty accepts the offer of the persons submitting the bids for such items and agrees to purchase the matenals, eqmpment, supplies or services in accordance with the terms, spemficatlons, standards, quantities and for the specffied sums contmned in the B~d Inwtatlons, Bid Proposals, and related documents SECTION III That should the C~ty and persons submltnng approved and accepted ~tems and of the submitted b~ds w~sh to enter ~nto a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the C,ty Manager or hm designated representanve ~s hereby authorized to execute the written contract whmh shall be attached hereto, provided that the written contract ~$ m accordance w~th the terms, condmons, specfficanons, standards, quant~tms and specified sums contanned ~n the B~d Proposal and related documents herein approved and accepted SECTION IV. That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the City Council hereby authorizes the expenditure of funds therefor m the amount and m accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authonzed here~n SECTION V That th~s ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY P6 9. ANCE-2oo ' Agenda Item ?'~'~ AGENDA INFORMATION SHEET Date 0 /0 /01. AGENDA DATE: February 6, 2001 Questions concerning th~s acqmmt~on may be d~rected DEPARTMENT. Materials Management to Ca~ Tower 349-8424 ACM' Kathy DuBose, F~scal and Municipal Services SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of a 45' Material Handhng Device, providing for the expenditure of funds therefore, and prowd~ng an effective date (Bid 2611 - 45' Material Handhng Dewce, awarded to Dallas Fre~ghthner, ~n the amount of $ ! 07,936 57) BID INFORMATION' Th~s bid ~s for the purchase of a 45'material handhng dewce or bucket truck for use by the Electric Substation D~ws~on of DME The unit ~s a fully insulated, hydrauhc, telescopic, articulating material handling device w~th a 45' high workang platform, material handling j~b/wmch w~th steel cable and a service body mounted on a diesel powered 32,500 GVW/chasms The umt wall be used in the mmntenance and new construction of the Electric D~stnbut~on System RECOMMENDATION: We recommend tlus b~d be awarded to the lowest responsible b~dder, Dallas Frelghthner in the amount of $107,936 57 The lower prices offered as alternate b~ds fmled to meet specifications for platform height, bucket raze/capacity and or jib operation, all considered to be critical to the use of the umt PRINCIPAL PLACE OF BUSINESS. Dallas Fre~ghtlmer Dallas, TX ESTIMATED SCHEDULE OF PROJECT' Dehvery for th~s material handhng devise is estimated to be 150-180 days or the first week of August 2001 FISCAL I INFORMATION. Th~s umt w~ll be funded from Motor Pool Fund account (720-025-0584-9104) Agenda Information Sheet Febmary 6, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1505 Asenda ATTACHMENT 1 TABULATION SHEET BID # 2611 Date 12/21/00 45' MATERIAL HANDLING DEVICE No I =t¥I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR SOUTHWEST DALLAS PETERBILT COMMERCIAL TIME MFG INT TRUCKS FREIGHTLINER MOTORS BODY CORP Pnnc~ple Place of Bus~ness WACO, TEXAS MCKINNEY TX DALLAS, TX DENTON TX SAN ANTONIO TX 1 TOTAL BASE BID NB NB $107,936 57 $115,600 00 NB 1 150 - 180 DELIVERY NB NB DAYS 150 - 180 Days NB Alternate - Not to Specification $104,986 00 $104,143 00 $101,985 00 $110,243 00 Delivery 150 - 180 Days 210 - 240 Days 210 - 240 Days 150 - 180 Days ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 45' MATERIAL HANDLING DEVICE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2611 - 45' MATERIAL HANDLING DEVICE, AWARDED TO DALLAS FREIGHTLINER, IN THE AMOUNT OF $107,936 $7) 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 C~ty Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, eqmpment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided an the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted heroin, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID VENDOR AMOUNT 2611 Dallas Frelghtlaner $107,936 57 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submlttang 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 contamed 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 b~ds 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 ~s hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, spemfieations, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered Items of the submitted bads, 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 herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ~,c~end~ ~tem .~.~_ AGENDA INFO~ATION SHEET ,ate ~1~1~1 AGENDA DATE. F~b~ 6, 2001 Questions concerning th~s acqms~t~on may b~ d~rected DEP~TMENT: Materials M~agCm~nt to Ca~ Tower 349-8424 ~Tom Shaw 349-7100 ACM Kathy D~ose, F~scal ~d M~clpal Se~ces ~{~ SUBJECT: ~ Ordm~ee aeeeptmg competmve bMs ~d aw~d~ng a contract for the purchase of a 125 Gallon Rubberized Asphalt Melter Apphcator, prowd~ng for the expenditure of Mnds therefore, ~d prowdmg ~ effeetxve date (B~d 2618 - 125 Gallon Rubberized Asphalt Melter Apphcator awarded to Crafeo Texas, ~e ~n ~e estimated ~ual amount of $34,640) BID INFO~ATION. Thxs b~d ~s for the purchase of a self-contaxned ~afler mounted asphalt meter It will be mfl~zed by the S~eet Mmnten~ee D~v~s~on for crack seahng, pothole patching, and joint seahng The ~;t consists of a 125-gallon kettle s~mfl~ to a double boiler, heated by a LP gas burner w~th hose ~d w~d t~e apphcator ~COMMENDATION. We reeo~end ~s btd be aw~ded to the lowest responsable b~dder, Crafco Texas, Mc an the ~ount of $34,640, ~nelud~ng the h~teh extension P~NCIPAL PLACE OF BUSINESS Crafco Texas, Mc S~ ~tomo, TX ESTIMATED SCHEDULE OF PROJECT. Th~s umt c~ be dehvered m approxxmately 4S days or the third week of M~ch 2001 FISCAL INFO~ATION. Funding for th~s acqms~t~on ~s available ~om Motor Pool Fund accost (72~-02~-0~84-9104) Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhas~ng Agent Attac~ent 1 Tabulation Sheet ATTACHMENT 1 TABULATION SHEET B~d# 2618 Date 1/4/01 125 GALLON RUBBERIZED ASPHALT MELTER APPLICATOR No .¢}+.t~' DESCRIP;T, ION VENDOR VENDOR I' Crafco Texas, I ' ,~ Inc Pnnc~ple Place of Bus~ness San Antomo, TX 125 GALLON RUBBERIZED 1 EA ASPHALT MELTER $33,990 1 APPLICATOR MAKE CRAFCO MODEL SS125 WARRANTY PARTS I YEAR LABOR DELIVERY 45 DAYS ARO 2 1 EA 28 INCH HITCH EXTENSION $650 00 ORDINANCE NO AN ORDiNANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 125 GALLON RUBBERIZED ASPHALT MELTER APPLICATOR, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2618 - 125 GALLON RUBBERIZED ASPHALT MELTER APPLICATOR AWARDED TO CRAFCO TEXAS, INC IN THE ESTIMATED ANNUAL AMOUNT OF $34,640) WHEREAS, the C~ty has sohclted, received and tabulated competitive b~ds for the purchase of necessary materials, eqmpment, supphes or services in accordance w~th the procedures of State law and C~ty orchnances, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the hereto described b~ds are the lowest responsible bids for the materials, eqmpmant, supplies or servmes as shown m the "B~d 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, supphes or servmes approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, eqmpment, supphes, or services, shown in the "B~d Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsthle bids for such items BID VENDOR AMOUNT 2618 Crafeo Texas, Inc $ 34,640 SECTION II That by the acceptance and approval of the above numbered ~tems of the submitted bids, the C~ty accepts the offer of the persons subrmtt~ng the b~ds for such aems and agrees to purchase the materials, eqmpmant, supphes or services m accordance wah the terms, spemficaUons, standards, quantities and for the specffied sums contmned m the Bid Invltatmns, Bid Proposals, and related documents SECTION III That should the Caty and persons submitting approved and accepted items and of the submitted b~ds w~sh to enter into a formal written agreement as a result of the acceptance, approval; and awarding of the b~ds, the C~ty Manager or h~s designated representative ~s hereby authorized to execute the written contract which shall be attached hereto, prowded that the written contract ~s ~n accordance w~th the terms, condmons, spec~ficanons, standards, quantities and specified sums contmned in the B~d Proposal and related documents here~n approved and accepted S.~CTION IV That by the acceptance and approval of the above numbered ~tems of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor ~n the amount and ~n accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That th~s or&nance shall become effecttve ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~ ~CE~2001 2618 - SUPPLY; Agenda No I Agenda Item .~, .z~ AGENDA INFORMATION SHEET Date AGENDA DATE: Febm~ 6, 2001 Questions concerning th~s acqmsmon may be d~rected DEP~TMENT' Materials M~agement to Tom Shaw 349-7100 ACM: Kathy DuBose, F~scal and Mumc~pal Seduces SUBJECT. An Ordinance accepting competmve b~ds and awarding an annual contract for the Pnntmg of Letterhead, Business Cards and Envelopes, prowd~ng for the expenditure of funds therefore, and provtdmg an effeettve date (B~d 2621 - Printing of Letterhead, Bumness Cards and Envelopes a~varded to Nu-Art Pnntmg Co Inc, m the estimated annual amount of $60,000) BID INFORMATION. Th~s btd is for the annual contract to supply printed letterhead, business cards and envelopes for the C~t¥ of Denton and Denton Mumc~pal Electric The quantities are esttmates and may vary according to the needs of the C~ty or DME RECOMMENDATION' We recommend th~s btd be awarded to the lowest responsible b~dder, Nu-Art Pnnt~ng Co, Inc as hsted on Ordinance Exhlbtt A tn the annual estimated amount of $60,000 PRINCIPAL PLACE OF BUSINESS Nu-Art Printing, Co, Denton, Texas ESTIMATED SCHEDULE OF PROJECT. Thts annual contract wall rematn tn effect through February 5, 2002 Dehvery of each prospective job wall depend upon quantity and approval of"proofs" if reqmred FISCAL INFORMATION' Funding for each mdtvtdual order wdl be determined at the ume the order ~s placed and wall come fi.om the appropnate 2000-2001 budget account Respectfully submitted Tom Shaw, C P M, 349-7100 Purchastng Agent Attachment 1 Tabulation Sheet # 2621 Date 12/28/00 PRINTING OF LETTERHEAD BUSINESS CARDS AND ENVELOPES DESCRIPTION VENDOR VENDOR VENDOR NoI Qty ] ~ I Nu-Art Pnnt~ng Ashby I Alphagraphics Co Inc Prlncl )lc Place of Business Denton Denton Dallas 1 100,000 ea City of Denton letterhead shells- (3-color)$ 6,886 80 $ 5,608 00 $ 4,000 00 la 1 bx 1 color overprint of letterhead in reflex blue $ 103 65 $ 28 00 $ 46 42 lb 2 bx 1-color overprint of letterhead in reflex blue $ 121 12 $ 34 00 $ 56 43 lc 3 bx l-color overprint of letterhead in reflex blue $ 139 63 $ 39 00 $ 64 28 ld 4 bx l-color overprint of letterhead in reflex blue $ .156 75 $ 45 00 $ 73 59 le 5 bx 1-color overprint of letterhead tn reflex blue $ 169 64 $ 50 00 $ 82 42 2 25,000 DME letterhead shells (2-color) $ 1,299 40 $ 1,138 00 $ 1,000 00 2a lbx 1-color overprint of letterhead m reflex blue $ .103 66 $ 28 00 $ 46 42 2b 2 bx 1-color overprint of letterhead In reflex blue $ 12.1 1.1 $ 34 00 $ 56 43 3 200,000 ea City of Denton business card shells (3-color) $ .1,299 40 $ 2,303 O0 $ .1,480 00 3a 1 bx 1-color overprint of cards In reflex blue $ 27 31 $ 27 76 $ 25 70 Denton Mumctpal Electric business card shells $ 6,211 84 $ 4,646 00 $ 2,410 00 4 500,000 (2-color) 4a 1 bx 1-color overprint of cards m reflex blue $ 27 31 $ 26 65 $ 24 41 :~ ~flO~ ~nd~d white envetope 5a l bx Prxce per box of 500 $ 82 69 $ 27 50 $ 39 O0 5b 2bx Prlcefor2boxes (1000total) $ 110 73 $ 44 50 $ 62 50 5c 4bx Pncefor4boxes(200Ototal) $ 168 13 $ 77 15 $ 115 00 5d 5 bx Price for 5 boxes (2500 total) $ 192 78 $ 94 50 $ 134 00 6a 1 bx Price per box of 500 $ 82 25 $ 31 00 $ 41 00 6b 2 bx Price for 2 boxes (1000 total) $ '115 83 $ 51 00 $ 65 00 6c 4 bx Price for 4 boxes (2000 total) $ 178 34 $ 89 50 $ 119 00 6d 5 bx Price for 5 boxes (2500 total) $ 205 54 $ 109 50 $ 139 00 Dchvery ( ~n days) 2 from proof 10 14 No Bids CLC Business Forms, Herr, FJ Fora Ct 2621 Date 12/28/00 PRINTING OF LETTERHEAD, BUSINESS CARDS AND ENVELOPES ~,No I Qty I i DESCRIPTION , , VENDOR VENDOR VENDOR ' Nu-Art Pnntlng Ashby I I' Alphagraphics Co Inc Principle Place of Business. Denton Denton Dallas 1 100,000 ea City of Denton letterhead shells- O-color) $ 6,886 80 $ 5,608 00 $ 4,000 00 la t bx t color overprint of letterhead m reflex blue $ 103 65 $ 28 00 $ 46 42 lb 2 bx 1-color overprint of letterhead in reflex blue $ 121 12 $ 34 00 $ 56 43 lc 3 bx 1-color overprint of letterhead in reflex blue $ 139 63 $ 39 00 $ 64 28 ld 4 bx 1-color overprint of letterhead m reflex blue $ 156 75 $ 45 00 $ 73 59 le 5 bx 1-color overprint of letterhead m reflex blue $ 169 64 $ 50 00 $ 82 42 2 25,000 DME lettorhead shells (2-color) $ 1,299 40 $ 1,138 00 $ 1,000 00 2a lbx 1-color overprint of letterhead in reflex blue $ '103 66 $ 28 00 $ 46 42 2b 2 bx 1-color overprint of letterhead m reflex blue $ 121 11 $ 34 00 $ 56 43 3 200,000 ea City of Denton business card shells O-color) $ 1,299 40 $ 2,303 00 $ 1,480 00 3a 1 bx 1-color overprint of cards in reflex blue $ 27 31 $ 27 76 $ 25 70 4 500,000 Denton Municipal Electric business card shells $ 6,211 84 $ 4,646 O0 $ 2,410 00 (2-color) 4a 1 bx 1-color overprint of cards m reflex blue $ 27 31 $ 26 65 $ 24 41 5 #10 standard white envelope without window 5a 1 bx Price per box of 500 $ 82 69 $ 27 50 $ 39 00 5b 2bx Pnce for 2 boxes (1000 total) $ 110 73 $ 44 50 $ 62 50 5c 4 bx Price for 4 boxes (2000 total) $ 168 13 $ 77 15 $ 115 00 5d 5 bx Price for 5 boxes (2500 total) $ 192 78 $ 94 50 $ 134 00 6 #10 standard white envelope with window 6a lbx Pnce per box of S00 $ 8225 $ 31 00 $ 41 00 6b 2bx Price for 2 boxes (1000 total) $ 11583 $ 51 00 $ 6500 6c 4 bx Price for 4 boxes (2000 total) $ 178 34 $ 89 50 $ 119 00 6d $ bx Price for 5 boxes (2500 total) $ 205 54 $ 109 50 $ 139 00 Dehvery ( ~n days) 2 from proof 10 14 CLC Business Forms, Herr, FJ Forms ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PRINTING OF LETTERHEAD, BUSINESS CARDS AND ENVELOPES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2621 - PRINTING OF LETTERHEAD, BUSINESS CARDS AND ENVELOPES AWARDED TO NU-ART PRINTING CO INC, IN THE ESTIMATED ANNUAL AMOUNT OF $60,000) WHEREAS, the C~ty has sohclted, receaved and tabulated competltave bads for the purchase of necessary matenals, eqmpment, supphes or serwces ~n accordance w~th the procedures of State law and C~ty ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the hereto described bids are the lowest responsible bids for the materials, equipment, supphes or servmes as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supphes or servmes approved and accepted here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ~tems in the following numbered b~ds for materials, eqmpment, supphes, or servmes, shown m the "B~d Proposals" on file ~n the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such ~tems BID VENDOR AMOUNT 2621 Nu-Art Pnntmg Co, Inc Exhab~t "A" SECTION II That by the acceptance and approval of the above numbered ~tems of the submitted bids, the C~ty accepts the offer of the persons submitting the b~ds for such 1terns and agrees tolpurchase the materials, eqmpment, supphes or services ~n accordance wath the terms, spemficalaons, standards, quantities and for the specffied sums contained m the Bad Invitations, B~d Proposals, and related documents SECTION III That should the C~ty and persons submitting approved and accepted ~tems and of the submitted bids w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awardmg of the b~ds, the C~ty Manager or fus designated representative ~s hereby authorized to execute the wntten contract whmh shall be attached hereto, prowded that the written contract is m accordance wath the terms, condmons, spemficat~ons, standards, quantmes and spemfiedlsums contmned ~n the B~d Proposal and related documents here~n approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submatted b~ds, the City Council hereby authorizes the expenditure of funds therefor m the amount and m accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That th~s ordinance shall become effective ~mmed~ately upon tts passage and approval PASSED AND APPROVED th~s day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFERWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2621 SUPPLY SER -2001 EXHIBIT "A" i # 2621 PRINTING OF LETTERHEAD, BUSINESS CARDS AND ENVELOPES No I, Qty I DESCRIPTION VENDOR , Nu-Art Pnntlng i Co, Inc l,, Pnnc ple Place of' B slness Denton 1 100,000 ea Ctty of Denton letterhead shells- (3-color) $ 5,608 00 la 1 bx 1 color overpnnt of letterhead in reflex blue $ 28 00 lb 2 bx 1-color overprmt of letterhead in reflex blue $ 34 00 lc 3 bx 1-color overprint of letterhead m reflex blue $ 39 00 ld 4 bx 1-color overprint of letterhead m reflex blue $ 45 00 le 5 bx 1-color overprint of letterhead ~n reflex blue$ 50 00 2 25,000 DME letterhead shells (2-color) $ '1, .138 00 2a Ibx 1-color overprint of letterhead m reflex blue $ 28 00 2b 2 bx 1-color overprint of letterhead m reflex blue $ 34 00 3 200,000 ea City of Denton business card shells (3-color) $ 2,303 00 3a I bx 1-color overprint of cards m reflex blue $ 27 76 Denton Mumc~pal Electric business card shells $ 4,646 00 4 500,000 (2-color) 4a 1 bx 1-color overprint of cards ~n reflex blue $ 26 65 5 #10 standard white envelope w~thout window 5a 1 bx Price per box of 500 $ 27 50 5b 2 bx Price for 2 boxes (1000 total) $ 44 50 5c 4 bx Price for 4 boxes (2000 total) $ 77 15 5d 5 bx Price for 5 boxes (2500 total) $ 94 50 6 #10 standard white envelope w~th window 6a 1 bx Price per box of 500 $ 31 00 6b 2 bx Prme for 2 boxes (1000 total) $ 51 00 6c 4 bx Price for 4 boxes (2000 total) $ 89 50 6d 5 bx Price for 5 boxes (2500 total) $ 109 50 Delivery ( in days) 10 AGENDA INFORMATION SHEET Date AGENDA DATE: Febm~ ~, 2001 Questmns ~on~e~ng th~s a~qu~smon m~y be d~re~ted DEP~TMENT: Materials M~agement to Ray Wells 349-7108 ACM' Kathy D~ose, F~scal ~d Mumc~pal Se~ces ~ SUBJECT. ~ Ord~n~ee accepting competitive b~ds ~d aw~d~ng a comract for the p~chase of four S~ngle-Phase Step Voltage Regulators, prowdmg for the expend~t~e of ~nds ~erefore, ~d prowdmg ~ effective date (B~d 2623 - Regulator w~ Commumcatton Ready-Controls, awarded to Len T Deloney, ~c m the ~ount of $26,200) BID INFO~ATION: Th~s b~d ~s for ~e purchase of four s~ngle-ph~e step (step up or step down) voltage regulators w~th co~cat~on ready controls for remote act~vaUon The regulators ~e ~ntended for use m the e~cement ~d consol of the Elecmc D~stnbut~on System to provtde a steady const~t power supply to ~e end user ~COMMENDATION' We reco~end th~s b~d be awarded to the lowest b~dder, Len T Deloney, ~c, ~n the ~ount of $6,550 00 per ~t for a total awed of $26,200 00 P~NCIP~ PLACE OF BUSINESS. Len T Deloney ~c c/o S~emens Jackson, M~sslss~pp~ ESTIMATED SCHEDULE OF PROJECT' Dehve~ of these voltage re~lators ~s estimated to be 10-12 weeks a~er receipt of ~ order or ~e first week m May 2001 FISC~ INFO~ATION: Th~s aeqms~tmn wall be ~nded ~om 2001 Revenue Bond Fund (656-080-~01-3680-9222- C105502B) Respec~ully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attac~ent 1 Tabulation Sheet ATTACHMENT 1 TABULATION SHEET B~d # 2623 Date 1/4/01 REGULATOR WITH COMMUNICATION-READY CONTROL NO] iQt¥..I ..... DESCRi.p~!0N .... VENDOR VENDOR , , UTILITY SALES LENT ' ' AGENT DELONEY, Inc Pnnc~ple Place of Bus~ness DALLAS JACKSON, MISS REGULATOR WITH 4 each COMMUNICATION-READY NO BID $6,550 00 each 1 CONTROL Total Award NO BID $26,200 00 DELIVERY NO BID 10-12 WEEKS ORDINANCE NO AN ORDiNANCE ACCEPTING COMPETITIVE BIDS AND AWARDiNG A CONTRACT FOR THE PURCHASE OF FOUR SINGLE-PHASE STEP VOLTAGE REGULATORS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2623 - REGULATOR WITH COMMUNICATION READY-CONTROLS, AWARDED TO LENT DELONEY, INC IN THE AMOUNT OF $26,200) WHEREAS, the Ctty has sohclted, received and tabulated competitive b~ds for the purchase of necessary materials, eqmpment, suppl,es or services ~n accordance w~th the procedures of State law and Ctty ordinances, and WHEREAS, the Ctty Manager or a designated employee has rewewed and recommended that the hereto described btds are the lowest responsible btds for the materials, equipment, supphes or servmes as shown ~n the "B~d Proposals" submitted therefore, and WHEREAS, the C~ty Council has prowded ~n the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supphes or servmes approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ~tems ~n the following numbered b~ds for materials, equipment, supphes, or services, shown m the "Btd Proposals" on file ~n the office of Pumhaslng Agent, are hereby accepted and approved as being the lowest responsable b~ds for such ~tems BID VENDOR AMOUNT 2623 Len T Deloney, Inc $ 26,200 SECTION II That by the acceptance and approval of the above numbered ,tems of the submitted bids, the City accepts the offer of the persons submitting the btds for such items and agrees to purchase the materials, equipment, supphes or servtces tn accordance with the terms, spemficat~ons, standards, quantities and for the specified sums contmned in the B~d Inwtatlons, Bid Proposals, and related documents SECTION III That should the C~ty and persons submitting approved and accepted ~tems and of the submitted b,ds wish to enter ~nto a formal wntten agreement as a result of the acceptance, approval, and awarding of the b~ds, the C~ty Manager or his designated representative ts hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is m accordance wtth the terms, conditions, specfficat~ons, standards, quantities and spemfied sums contained m the B~d Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered ttems of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor m the amount and ~n accordance with the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That thxs ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s day of ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2623 - SUPPLY-SERVICES ORDINANCE 2001 AGENDA DATE: February 6, 2001 DEPARTMENT: Engineering & Transp~n CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Consider an ordmence of the City of Denton approving a License Agreement related to encroachment on easement between the City of Denton and the Texas Mumcipal Power Agency ("TMPA') relating to the location ora City sewer Pipeline w~thm a TMPA electric uUhty easement located In Denton County, Texas, Authorizing the expen&ture of funds therefor, and providing an effective date BACKGROUND Staffis faoditatmg the Graveyard Branch 36-tach samtary Sewer Line project, the limits being from Hilltop Roadto U S 377 RECOMMENDATION Staff endorses the approval of the License Agreement PRIOR ACTION/REVIEW (Council, Boards, Commissions) Not apph~able FISCAL INFORMATION Not apph~able TMPA waived their $2S0 00 processing fee Attached Dav~ galmbn, City Engineer la ared by Engineering & Transportation Demse IV[ Perez Tocluucal Assistant , Location Map 'IMPA EASEIVlF_.N'F CROSSING ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT RELATED TO ENCROACHMENT ON EASEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL POWER AGENCY ("TMPA") RELATING TO THE LOCATION OF A CITY SEWER PIPELINE WITHIN A TMPA ELECTRIC UTILITY EASEMENT LOCATED IN DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The Ctty Manager, or Ns designee, ~s hereby authorized to execute a a License Agreement Related to Encroachment on Easement between the Ctty of Denton and the Texas Mummpal Power Agency ("TMPA") ~n substantially the form of the Agreement whmh ~s attached to and made a part of this ordinance for all purposes, for the purpose of locating a C~ty sewer p~pehne w~thm a TMPA Electric utility easement as described thereto SECTION 2 The City Manager ts authorized to make the expenditures as set forth ~n the attached Agreement SECTION 3 Th~s ordinance shall become effective ~mmedtately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PR_.O.I:~., CITY ATTORNEY LICENSE AGREEMENT EELATING TO ENCROACHMENT ON EASEMENT Date January 9, 2001 File Code T1602, D 16 Re C!t3' of Denton 36 Inch Sewer Line Crossing Dear S~r The C~ty of Denton (hereinafter referred to as User or Licensee) has requested perm~se~on to use the area wffhm the boundaries of Texas Municipal Power Agency's ("TMPA" or L~censor) 138 KV Power Line Easement, located m Denton County, Texas, for a36~nchsewerhnecrossmgTMPA's 138KVtransm~ss~onhne, W DentonCormth TMPA ~s agreeable to the construction of the underground 36 inch sewer hne hereinafter referred to as the "encroaching facility", ~f the encroaching fac,hty ~s located and described as shown on the attached drawing marked Exhibit "A' and incorporated hereto, and suoject to the following terms and conditions 1 It ~s understood and agreed that TMPA holds easement r~g)~ts on the property involved, therefore, User wdl be required to obtain whatever rights and perm)ss)on, other than TMPA's, that are necessary Th)s letter agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and Is not to be interpreted as a waiver of any rights held by TMPA under ~ts easement 2 To the extent allowed by Texas law, User agrees to defend, indemnify and hold TMPA, ~ts officers, agents, and employees, harmless against any and all claims, lawsuits, losses, damages, judgments, costs and expenses tor personal mlury Oncludlng death), property damage or other harm for which recovery of damages ~s sought, suffered by any person or persons, that may arise out of or be occasioned by any neghgent act or omission of User, Cs officers, agents, associates employees, or independent contractors in the use, operation or maintenance of the portion of the 36' sewer hne faclht~es occupying the property under this L~cense except that the indemmty prowded for intnls paragraph shall not apply to any habdity resulting from the neghgence of Licensee, ~ts officers, agents, employees, or independent contractors and m the event o[ joint and concurrent neghgence of both Licensee, Licensee s construction contractor and Licensor, responslbflltyand mdemmty if any shall be apportioned m accordance with the laws of the State of Texas without, however, wa~wng any governmental immumty available to the User under Texas law and without waiving any defenses of the part[es under Texas law The prov(slonsof thlsparagraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise to any other person orentlty 3 Use of draghnes or other boom type equipment m connecbon w~th any work tO be performed on the TMPA easement by User, ~ts employees, agents, representatwes or contractors must comply w~th Chapter 752, Texas Health and Safety Code, the Nabonal Electrical Safety Code and any other applicable safety or clearance requirements Notw~thstandmganythlngtothe contraryherem m no event shall any equipment be within 15 feet of the TMPA power hnes s~tuated on the aforesaid property User must nobfy the Superwsor of Trar~sm~ss~on, Tom Chambers at (936) 873 1125 or (936) 225 8614 (cell phone) 48 hours prior to beg~nmng construcbon or the use of any boom type equipment on the TMPA easement 4 If m the future the encroaching facility, ~n the sole judgment of TMPA, does interfere with the use or enjoyment of its easement r~ghts TMPA shall have the right to remove sa~d encroachng facd~ty TMPA shall nobfy User In writing that, w~thm 90 days, the encroach~ngfacdlty must be removed at User's sole cost If at the end of the 90 day period the encroaching fac~hty has not been removed, TMPA shall remove ~t at User's expense TMPA w~ll not be responsible nor w~ll compensabon be pa~d for damages recurred by such removal However, m an emergency, TMPA shall have the right to immed,ately remove the encroaching facility If theencroachmgfacd~ty~s removed, TMPAw~ll notw~thhold consent for User to relocate the encroaching faohty w~thm the easement 5 it iS expressly understood and agreed that ~f the property has transmission or d~str~bubon facd~bes located thereon, User shall not place upon the premises, any ~mprovements including but not hm~ted to, bu~ld~ng hght standards, fences, shrubs, trees or s~gns unless approved m writing by TMPA 6 It Is agreed that no trash dumpsters, toxic substances or flammable mater~al w~ll be allowed on the easement 7 TMPA w~ll not be responsible for any costs o¢ construcbon operabon and maintenance of User's encroachm§ facfl,ty It ~s further agreed that TMPA shall not be hable for any damage to the encroaching facility hereto agreed to as a result of TMPA's use pursuant to ~ts easement AnyTMPA property damaged or destroyed by User or its agents shall be repaired or replaced by TMPA at User's expense and payment ~s due upon User's receipt of an invoice from TMPA 8 Blasting ,s not permitted on the TMPA r~ght of way 9 Grading shall be done in order to leave the r,ght of way ~n as near as possible to presentcond~t~on Spolld~rt and all trash shall be removed from the nghtofway Slopes shell be graded so that TMPA vehmles may transit the r~ght of way when required to maintain TMPA s facd~ttes 10 Shoring shall be required where approved excavabon ~s w~th~n 10 feet of a structure and shall extend 20 feet each side of the centerhne of the structure Shoring shall be sufficient to w~thstand the added Icad of the structure and foot,nB D,tches shall not be left open for cxtcnded per,ods of time Except when p~p~ or underground facd~besare~nstalled shoring shall be removed and d~tches properly backfllled as soon as pracbcal Backfdl shall be thoroughly tamped Water tampon§ shall not be permitted w~thm th~s area 1]. The TMPA right of way shall be protected from washm~ and erosion by a method approved by TMPA ].2 Construcbon equipment and materials shall not be stored on the right of way dunng construcbon ].3 It ~s understood and agreed that, m case of default by User or ~ts agents m any of the terms and condtbons hereto stated and such default continues for a period of ten (10) days after TMPA notlhes User of such default, TMPA may at ~ts elecbon forthwith terminate th~s agreement and upon such termmabon all of User's rights hereunder shall cease and come to an end Th~s agreement shall also terminate upon the abandonment of the encroaching faohty If the foregoing terms and conditions are acceptable to the C~ty of Denton, please have the original and a copy of th~s letter agreement sqgned and returned to me at Texas Mumc~pal Power Agency, PO Box 7000, Bryan, Texas 77805 w~th~n 30 days for hnal approval by TMPA Th~sletter agreement shall be effective only after final approval by TMPA Yours very truly Hubert Nelson Land Superwsor ACCEPTED APPROVED TEXAS MUNICIPAL POWER AGENCY By By Gary Parsons T~tle Title General ManaF~ar Date Date HN/wmc ," AT, .,'~'./f'"// ENCROACHM ENTDENTONSEW£R 6, EXHIBIT "A" GRAVEYARD BRANCH SAN['YARY SEWER PROJECT SITE MAP AGENDA'DATE: February 6, 2001 DEPARTMENT. Engineering & Trunsport~lton CM/DCM]ACM: Dave Hill, 349-8314 SUBJECT Consider ,adopUon of an ordinance of the City of Denton approving an Encroachment on Easement Agreement between the City of Denton and TXU Electric Company, successor to the Texas Power & Light Company ("TXU Electric") relating to the location of a City Samtary Sewer Line w~tlun a TXU Electric Utihty Easement described m that certain easement recorded m Volume 559, Page 540 of the Deed Records of Denton County, Texas near where smd easement intersects vath the Graveyard Branch Samtary Sewer Line Project w~tlun the City of Denton, Texas, Authorizing the expenditure of funds therefore, and prowdmg an effective date BACKGROUND Staff,s facihtatmg tho Graveyard Branch 36-~nch Samtary Sewer Line project, the hm~ts being from I-hlltop Road to U S 377 RECOMMENDATION Staff endorses the approval of the Encroachment on Easement Agreement PRIOR ACTION/REVIEW (Couneil~ Boards, Commis~ions) Not applicable FISCAL INI~ORMATION No apphcahon fee ts reqmre~L Attached Davtd Salm[n, C~ty En~n~r P ~l'ed~ff~~ Ensan~nng & Transpcrtatlon T~chmeal F \SHARED\DE?T~LGL\Our Documents\Ordmances\01\TXU Encroachment Agreement Graveyard Branch Sewer doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON APPROVING AN ENCROACHMENT ON EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND TXU ELECTRIC COMPANY, SUCCESSOR TO THE TEXAS POWER & LIGHT COMPANY ("TXU ELECTRIC") RELATING TO THE LOCATION OF A CITY SANITARY SEWER LINE WITHIN A TXU ELECTRIC UTILITY EASEMENT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED IN VOLUME 559, PAGE 540 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS NEAR WHERE SAID EASEMENT INTERSECTS WITH THE GRAVEYARD BRANCH SANITARY SEWER LINE PROJECT WITHIN THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The C~ty Manager, or h~s designee, ~s hereby authorized to execute an Encroachment on Easement Agreement between the C~ty of Denton and TXU Electric Company ~n substantmlly the form of the Agreement wtuch ~s attached to and made a part ofthas ordinance for all purposes, for the purpose of locating a City sanitary sewer line for the Graveyard Branch Samtary Sewer Line ProJect w~thm a TXU Electric utility easement as described hereto SECTION 2 The C~ty Manager ~s authorized to make the expen&tures as set forth in the attached Agreement SECTION 3 Thts or&nance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED fins the day of ,2001 ELTLINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ENCROACHMENT ON EASEMENT The C~ty of Denton (hereinafter referred to as User) has requested penmsslon to construct, operate and mmntmn thlrty-s~x ~nch samtary sewer hne w~thln the area of boundaries of TXU Electric Company's (TXU Electric), successor to the Texas Power & Lxght Company, easement recorded m Volume 559, Page 540, Deed Records of Denton County, Texas TXU Electric as agreeable to the samtary sewer lme, herexnafter referred to as the "encroachxng facility", if the encroactung facd~ty ~s located and described as shown on the attached drawing, marked Exhxb~t "A" and xncorporated herexn, and subject to the following terms and conditions 1 It is understood and agreed that TXU Electric holds easement rights on the property ~nvolved, therefore, User will be required to obtmn whatever rights and permxsmon, other than TXU Electnc's that are necessary Th~s agreement shall extend to and be b~ndlng upon User and ~ts heirs, successors, and assigns, and ts not to be xnterpreted as a wmver of any rights held by TXU Electric under xts easement 2 User shall defend, xndemmfy and hold harmless TXU Electric, ~ts employees and agents from and agmnst any chums, expenses, (including attorney fees), damages, losses and judgments whether for bodily ~njury or damage to property whether or not arlsxng from the sole or concurrent neghgence or fault of TXU Electric or its employees, arising out of or tncldent to the presence, constmctton, operation and maintenance of the encroaching facd~ty 3 Use of draghnes or other boom-type eqmpment ~n connection with any work to be performed on the TXU Electric easement by User, its employees, agents, representatives or contractors must comply with Texas Statute (3 Tex Clv ST 1436e), the National Electric Safety Code and any other apphcable safety or clearance reqmrements Not w~thstandmg anything to the contrary here~n, ~n no event shall any equipment be w~thm fifteen feet of the TXU Electric power hnes s~tuated on the aforesmd property User must notify the Fort Worth Regaon Transmission at (817) 496-2736, 48 hours prior to the use of any boom-type eqmpmant on the TXU Electric easement 4 The encroachmg facility does not currently interfere w~th TXU Electnc's usage, but tf~n the future the encroaching facthty, ~n the sole judgment of TXU Electric, does ~nterfere w~th the use or enjoyment of ~ts easement rights, TXU Electric shall have the right to remove said encroaching facd~ty TXU Electric shall not~fy User ~n writing that w~th~n 90 days, the encroaching fatality must be removed at User's sole cost If at the end of the 90 day period the encroaching famhty has not been removed, TXU Electric shall remove ~t at User's expense TXU Electric w~ll not be responsible nor wall compensation be paid for damages ~ncurred by such removal However, in an emergency, TXU Electric shall have the right to ~mmedmtely remove the encroaching facthty If the encroaching faclhty Encroachment On Easement Page 1 3 lS removed, TXU Electric will not unreasonably withhold consent for User to relocate the encroaching facility within the easement 5 It is expressly understood and agreed that If the property has transmission or distribution facflmes located thereon, User shall not place upon the premises, any improvements mcludmg but not hm~ted to, bmkhngs, light standards, fences, shrubs, trees or s~gns unless approved ~n writing by TXU Electnc 6 It ~s agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement 7 TXU Electric will not be responmble for any costs of construction, operatmn and maintenance of User's encroaching facthty It is further agreed that TXU Electric shall not be hable for any damage to the encroaching facility herem agreed to as a result of TXU Electnc's use pursuant to its easement Any TXU Electric property damaged or destroyed by User or its agents shall be repaired or replaced by TXU Electric at User's expense and payment is due upon User's receipt of an invoice from TXU Electric 8 General construction limitations on encroachments are described and listed ~n Exhibit "B", attached hereto and by reference made a part hereof 9 It ~s understood and agreed that, in case of default by User or its agents in any terms and conditions here~n stated and such default continues for a period of ten (10) days after TXU Electric notffies User of such default, TXU Elecmc may at its electron forthwith terminate this agreement and upon such termination all of User's rights hereunder shall cease and come to an end This Agreement shall also terminate upon the abandonment of the encroaching facility APPROVED CITY OF DENTON, TEXAS MICHAEL W JEZ, CITY MANAGER DATE ,2001 ATTEST JENNIFER WALTERS, CITY SECRETARY BY Encroachment OnEasement Page2 4. APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY APPROVED TXU ELECTRIC BY DENNIS TUCKER Manager of Fort Worth Transmission DATE ,2001 S \Our Documents\Contracts\01 \ENCROACHMENT ON EASEMENT Graveyard branch doc Encroachmont On Easement Page 3 5. STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the unders,gned authonty, on this day personally appeared Denms Tucker, Forth Worth Transnnss~on Manager of TXU Electric Company, known to be the person whose name ~s subscnbed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the smd TXU Electric Company, and for the purposes and conslderatmn there~n express and in the capacity thenn stated GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of ,2001 Notary public in and for the State of Texas STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, A notary pubhc in and for smd County and State on this day personally appeared, Michael W Jez, City Manager, City of Denton, Texas known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of smd City of Denton and for the purposes and considerat~on therein expressed and in the capacity there~n stated GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of ,2001 Notary public in and for the State of Texas Acknowledgemem 6. I', I ~ m I ,:.. . :~ .,,: ~ ~ ~  ,Vdt l-er- E. Learher",,,ood Volume 496, Page ..',11 : ~ O,R.D.C.T ....... ~ ..................... ~ · " ~ > . ~ , ~., ,,-" >¢ -' /~,' '.,5~~ ..,' [g~t.~ .>~ / /9' -'/ '~E~ t~ ~' ' ' "'~ ,9' "' /.~' . .." I ~ ~ ~ MATCH UNE STA. ~2+00 , z~~ ~' ,~ ~-':: ~ , EXHIBIT "B" CONSTRUCTION LIMITATIIONS ON TXU ELECTRIC COMPANY RIGHT-OF-WAY 1 Bl~stlng shall not be permatted on the right-of-way or under TXU Electric lines 2 Grading will be done m order to leave the right-of-way in as near as possible to its prqsent condition Spoil dirt vall be removed from the right-of-way and no trash ~s to be left on the right-of-way Slopes shall be graded so that trucks can access the right- of-~vay when reqmred and such that slopes can be mechamcally maintained 3 Grading alignments and elevations are based on drawings submitted to TXU Electric Ar~y change m ahgnment or elevation will be resubmitted for approval which will not um'easonably be w~thheld 4 Equipment shall not exceed 15" feet m height when operated under the electric lines 5 D~aglmes will not be used under the electric hnes or on the right-of-way 6 NO grading shall be done w~thm 25" feet of any tower 7 Raght-of-way w~ll be protected from washing and erosion during User's construction and during periods of repairs 8 Nb obstruction will be installed in the right-of-way that would ~nterfere w~th access to th9 TXU Electric structures or prevent mechamcal mmntenance of TXU Electric right-of-way 9 Eqmpment and materials will not be stored on the right-of-way during constructton without the written approval of the Supervisor of Dallas Regton Transm~sston as noted in the Encroachment on Easement 10 We must have room to access lines We w~ll not be responsible for damage to n~asonry or any other type offence on parktng areas whtle accessing hnes 11 TXU reserves the r~ghts for future use of thru right of way ~nclud~ng ~ngress and e~ress, constructing, reconstructing, remowng, relocating, matntatmng, operattng, ere aay required transmission and/or d~stnbutlon fac~ht~es at no cost to TXU AGENDA INFORMATION SHEET AGENDA DATE: February 6, 2001 DEPARTMENT. City Manager's Office CM' Michael, Jez, City Manager SUBJECT Consider adoption of an ordinance ordenng an elect~on to be held ~n the C~ty of Denton, Texas, on May 5, 2001, and if a runoff election ~s reqmred, on June 2, 2001, £or the purpose of electing Coune~lmembers to Places 1, 2, 3, and 4 of the City Council of the City of Denton, Texas, designating voting places and appointing electron officials, prowding for bilingual notice of the election, ordering that an electromc voting system be used, making additional prowsions for the conduct thereof, prowdlng an open meetmgs clause, and providing for an effective date BACKGROUND Approval of this orchnanee wunld formally call the May 5, 2001 City Council election The orchnanee contmns all of the provisions necessary to fulfill the reqmrements of the Texas Electron Code, including electron judges and alternate election judges et~a?y~rreCt fully subm, ltteq S \Our Documents\Ordmances\01~2001 elect~on ordinance doc ORDINANCE NO AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 5, 2001, AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 2, 2001, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO PLACES 1, 2, 3 AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS, PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION, ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED, MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That a mtml¢lpal election is ordered to be held m the C~ty of Denton, Texas, on Saturday, May 5, 2001, such date being aumform electaon date as defined m Tex Ele¢ Code §41 001, as amended (the "Code") for the purpose of electing Coun¢llmembers for Places 1, 2, 3 and 4 In the event a rtmofflS required, the runoff elect~on shall be held on Saturday, June 2, 2001 That all those provisions m this ordinance for designating election officials, polling places, and describing other election procedures shall be incorporated m an ordinance ¢alhng a C,ty Charter amendment ele¢'aon passed on or about the same time as tlus ordinance SECTIQN 2 That the polling places, wbach shall be open t~om 7 00 a rn to 7 00 p m, shall be as follows 1 Voters rcslchng m Dlstnct No 1 shall vote at MARTIN LUTHER KING, JR RECREATION CENTER 1300 WILSON STREET DENTON, TEXAS 2 Voters residing in District No 2 shall vote at FIRE STATION NO 4 2110 SHERMAN DRIVE DENTON, TEXAS 3 Voters residing m Dlstnct No 3 shall vote at NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS 4 Voters residing in D~stnct No 4 shall vote at DENIA RECREATION CENTER 1001 PARVIN DENTON, TEXAS PAGE 1 S \Our Documents\Ordmances\01~2001 electron ordinance doc SECTION 3 That the election officials for the election and the runoff, if any, shall be as follows 1 For the Central Counting Station George Spuller, Presiding Judge, Don Alexander, Manager, and Randle Smith, Tabulation Supervisor 2 For District No 1 Ruby Cole, Presiding Judge and Alma Clark, Alternate Judge 3 For District No 2 Dons Ctupman, Presiding Judge and Mary Mecay, Alternate Judge 4 For Dlsmct No 3 B~ll Wllllamson, Presiding Judge and , Alternate Judge 5 For District No 4 Jmamle Colvllle, Presiding Judge and , Alternate Judge 6 Jeomfer Walters, C~ty Secretary, shall conduct early voting under the Texas Election Code 7 George Spuller shall be Presiding Judge for the Early Ballot Board The presiding judge of the Central Counting Station and of each d~smct are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual assistants as reqmred by law The rate of pay for election judges and clerks shall be the maximum amount promded for by State law SECTION 4 That early voting shall be conducted for the election, and the runoff election if necessary, by the Office of the City Secretary m the Mummpal Bmldang at 215 East McKmney Street in the C~ty of Denton, Texas The polls for early voting by personal appearance shall be open between the hours of 8 00 a m and 5 00 p m Monday through Friday, comanenclng on April 18, 2001, and ending on May 1, 2001 In addition, early voting shall be held on Saturday, April 21, 2001, between the hours of 10 00 a m and 3 00 p m, at the same location as weekday early voting SECTION 5 That the Mayor is hereby directed to promde notace of the election, and the runoff elect~on if necessary, m accordance with Sections 4 002 and 4 003 of the Texas Election Code, the notme to be pnnted m the Spamsh language and the English language SECTION 6 That an electromc votxng system, using optically scanned ballots, meeting the requirements of Chapter 124 of the Code, shall be used for smd election Preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Texas Election Code SECTION 7 That the City Secretary is authorized to prepare the official ballot for the election and perform every act required by the C~ty Charter and laws of the State of Texas for holding elect~ons PAGE 2 S \Our Documents\Ord:nances~Ol~O01 election ordinance doc SECTION 8 The election officers named above shall make returns for the electxon in the manner reqmred by law The ballots that are properly marked ~n conformance wxth the pmwslons of the Texas Election Code for votes cast both dunng the period of early voting and on the day of the electxon shall be counted xn the manner reqmred by law SECTION 9 That the manner of holding such elect~on and all questmns pertmmng thereto shall be governed by the electaon laws of the State of Texas SECTION I0 Substantial copies oftlus ordinance m both English and Spamsh shall serve as proper notice of the electron and smd not,ce shall be (a) published at least once m a newspaper of general mrculatlon published wxflun the C~ty, not less than the ttumeth day or later than the tenth day before the election, (b) posted, not later than the twenty-first day before the elect~on day, at a public place in each elect~on d~stnct that is m the junschctlon of the mty, (c) posted, not later than the twenty-first day before elect~on day, on the bulletin board used for posting notices of meetings of the C~ty Council of the City, and (d) posted, as may otherwise be reqmred by Tex Elec Code §4 003 and other appheable law SECTION 11. That ~t is hereby offimally found and deternuned that the meeting at wlueh tNs ordinance m passed was open to the pubhc as required and that public notme of the time, place, and purpose of smd meeting was g~ven as reqmred by the Open Meetings Act, chapter 551 of the Govemment Code, Tex Rev Clv Stat Ann 1997 SECTION 12 That flus ordinance shall become effective ~nunedlately upon ats passage, pubhcatmn, and approval PRESENTED AND PASSED on the __. day of Febma~, 2001, at a regular meetang of the City Counml of the City of Denton, Texas, by a vote of __ ayes and __ nos at the regular meeUng of the Caty Council of the City of Denton, Texas PASSED AND APPROVED thru the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3 AGENDA DATE February 6, 2001 DEPARTMENT. Planmng Department CM/DCM/ACM: Dawd Hall, 349-8314 SUBJECT - ZP-00-018 (House Smart Addttton) Hold a pubhc hearing and consMer adopnon of an ordinance approwng a Zoning Plan, to rezone approximately 3 acres, from an Agricultural (A) zoning d~stnct to a Commercml (C) zoning d~stnct The subject property ts located at the southeast comer of 1-35 E Service Road and Pockrus Page Road Commercml development ~s proposed The Planmng and Zoning Comm~ssmn recommends approval (5-1) w~th condmons BACKGROUND The appheant has requested approval of a Zomng Plan to rezone 3 089 acres from Agricultural zomng district to Commercial (C) zomng dtstnct TNs development will reqmre the approval of a ProJect Plan prior to obtmmng bmldlng permits The proposed destgn elements include a one-story stucco and stone braiding eontmmng 7,800 square feet voth a metal roof, and a mtmmum of 20 percent of the gross area to be landscaped The apphcant ts also proposing a ten-foot stde yard to buffer the extst~ng agricultural and restdentml uses located at the northeast comer of the subject s~te The antte~pated use of the subject property ~s an automobde dealership The Planmng and Zomng Commtssmn had a dmeussmn regarding the permitted uses on commermal zoning dmtncts However, no land uses were restricted for the subject stte A hst of permitted uses for the commerctal zomng d~stnct ts attached (see Attachment 3) } The subject property ts located tn an Agricultural (A) zomng dmtnct created m 1969 ~' The proposed development ts located m a Regtonal M~xed Use Center area, staff finds the proposal eonsmtent w~th The Denton Plan (see Attachment 1 - Comprehensive Plan Analysm section) } Seven (7) property owners were not~fied of the zomng request One (1) response neutral to the request has been received (see Attachment 1) PRIOR ACTION/REVIEW The following ~s a chronology of ZP-00-018, commonly known as House Smart Addition Apphcatmn Date - November 27, 2000 DRC Date - December 14, 2000 ESTIMATED PROJECT SCHEDULE An approved Project Plan and final plat wall need to be obtained prior the issuance of any building plermlts FISCAL IINFORMATION Developr0ant of fins property will increase the assessed value of the city and coun~ district It will requite no short-term pubhe improvements that are the responsibility of the eaty P&Z SUGGESTED RECOMMENDATION The planmng and Zoning Commission recommends approval (5-1) of this zomng request with the following con&tlons 1 No exterior audio or speaker system shall be allowed on the premises of the site 2 Limb. ting shall be designed and mmntamed so as not to shine on or disturb surrounding residential property or to slune and project upward to prevent diffusion in to the night OPTIONS 1 Apprgve as submitted 2 Apprgve with conditions 3 Deny~ 4 Postpone eonslderatmn 5 Tabl~ item 1 Plarmang and Zomng Commission Report, January 10, 2001, ZP-00-018 2 Pla.nr~.ng and Zoning Commission minutes fi.om January 10, 2001 3 List of Pernutted Uses for Commercial Zomng Dlsmcts 4 Draft Orchnanee Respectfully submitted ,//5ougl~S Powell, AICA6 Director of Planmng and Development Vlera Planner 2 ATTACHMENT 1 ' o_/- ~o_l PLANNING AND ZONING COMMISSION ~,~:~,t~ ¢ ,.,~,~ .... STAFF REPORT Date Sublect House Sma~Add~t~on Case Number ZP-00-018 Staff Deborah V~era, Planner I Agenda Date Janua~ 10, 2001 Hold a public heanng and consider making a recommendation to the C~ty Council concermng a Zomng Plan to rezone approximately 3 acres, from an Agncultural (A) zomng d~stnct to a Commercial (C) zomng d~stnct A commercml development ~s proposed LOCATION MAP Location Southeast corner of 1-35E Se~ce Road and Pockrus Page Road Size 3 086 acres Fllename ZP 00 018 3. Appl,cant Don Anderson Owner Ahce Pockrus 2517 Fort Worth Drive 2517 Fort Worth Dnve Denton, TX 76205 Denton, TX 76205 OF The apphcant is requesting the approval of a Zoning Plan to rezone 3 086 acres from Agncultural zoning district to Commercial (C) zoning d~stnct This application IS subject to the Non-residential Interim requirements and procedures An approved Project Plan will be required pnortothe ~ssuance of any building permits The subject s~te is adjacent to a General Retail (GR) d~stnct on the east and west, and ~t ~s adjacent to an Agncultural (A) zoning d~stnct on the north The 1.35E Service Road runs along the south boundary of the subject site Most of the property on the south s~de of the interstate has non-residential zoning (see Enclosure 1) The applicant is proposing a single-story stucco and stone braiding w~th metal roof (approximately 7,800 square feet), a ten-foot buffer yard along the adjacent agricultural zoning d~stnct, and 20 percent landscape area mlmmum The anticipated use of th~s property is an auto dealership (see Enclosure 3) 1988 Denton Development Plan Analys,s The Denton Plan shows th~s sIte to be w~thln a Regional M~xed Use Acbv~ty Center Area (see Enclosure 2), For a regIonal act~wty center, the focus area contains the shopping, services, recreabon, employment, and ~nstltubonal fac~htles supported by and serving an enbre region A regional acbvity center is considerably larger and more d~verse in ~ts land uses than any other activity center Staff finds the proposed zoning to be consistent w~th The Denton Plan 1. Transportation A Trip generation The proposed commercial development would generate approximately 468 tnps per day Th~s ~s 439 more tnps per day ~f the 3 086 acres ~s develop under the ex~sbng Agncultural zoning d~stnct A Access This site w~ll have access onto Pockrus Page Road Rlename ZP O0 018 4 B Road Capacity Pockus Page Road ~s ~dentlfied as a collector street by the 1999 Denton Moblhty Plan Th~s street could be designed to be a four (4) lane undlwded street without parking, providing four (4) lanes of through traffic or as a four (4) lane undlwded street w~th parking, prowd~ng two (2) lanes of through traffic Pockrus Page Road ~s currently constructed w~th two (2) lanes w~thout parking There ~s not a traffic icount available for th~s road 1-35 East Service Road ~s designed to carry approximately 5,000 trips per day There Is not a traffic count available for th~s road It ~s anticipated that the ex,sting road capacity ~s sufficient to accommodate the proposed development C Pedestrian L~nkages S~dewalks along all pubhc streets are required 2 Utilitms This s~te has access to ex,sting water and samtary sewer hnes 3 Drainage and Topography New development w~ll be required to design and construct a drainage system to c~ty standards A prehmlnary drainage study w~ll be required w~th the submms~on of a prehm~nary plat The drainage analys~s submitted with the Zomng Plan ~ndlcates that proposed ~mprovements w~ll adequately handle the~lncreased storm drainage associated w~th the proposed development 4 S,gns As per the ~s~gn ordinance 5 Off. Street Parking New development must prowde parking according to the regulabons of Chapter 35 (35-301) of the Code of Ordinances 6 Landscaping Th~s proporty w~ll have to comply w~th the Landscape Code, which requires fifteen (15) trees per acre and t~venty (20) percent of all surfaces to remain pervious (plantable area) 7 Enwronmental Quality Impacts No negabve environmental impacts have been idenbfled Rlena~le ZP O0 018 5. January 14, 11969 - The subject property was placed in the Agricultural (A) zoning district and land use clasS~flcabon by Ordinance 69-01 (see Enclosure 1) The subject property ~s not platted and would need to be platted prior to any development Not~ce of the zoning request was published in the Denton Record-Chronicle on December 30, 2000 Seven (7) property owners w~th~n two hundred feet were ma~led legal notices and fourteen (14) residents w~thln five hundred feet were sent courtesy nobces mform~ng them of the request (see Enclosure 4) As of th~s writing, there have one (1) neutral to the request (see Enclosure 5) No neighborhood meeting has been held Staff recommends approval of ZP-O0-018 w~th the following condlbons I Lighting shall be designed and maintained so as not to shine on or d~sturb surrounding residential property or to shine and project upward to prevent d~ffuslon ~n to the mght sky 2 No exterior audio or speaker system shall be allowed on the premises of the site I move to recommend approval of ZP-O0-018 with the following condlbons 1 Lighting shall be designed and maintained so as not to shine on or d~sturb surrounding residential property or to shine and project upward to prevent d~ffuslon in to the mght sky 2 No exterior audio or speaker system shall be allowed on the premises of the s~te 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend demal 4 Postpone conslderet~on 5 Table ~tem Filename ZP O0 018 6 1 Land Use Map 2 Zoning Map 3 Zomng Plan 4 200'-500' Not~flcabon Map 5 Property Owner Response Fflename ZP-O0*O:[8 7. ENCLOSURE 1 -~k NORTH ZP-00-018 I(House Smart Addition) Nei.c LAND USE MAP Scale None Agenda Date: January 10, 2001 8 ENCLOSURE 2 NORTH ZP-00-018 (House Smart Addition) ZONING MAP Agenda Date." January 10, 2001 Scale, None 9 ENCLOSURE 3 i! § .:.,,,,.. ~,{ {I {!~ '{I "" '"'" !! ,i i0 ENCLOSURE 4 -A NORTH ZP-00-018 (House Smart Addition) 200'-,500' NOTICE MAP 200' Legal Notices sent wa Cerbf~ed Ma~l 7 II 500' Courtesy Notices sent wa l't Class Ma~l 1~4 Agenda Date: January 10, 2001 Scale. None ENCLOSURE 5 NOTICE OFzP.00.o18PUBLIC .,P..LAN N L~G ~ DEVELOPMENT The Planning and Zoning Commission of the C~ty of Denton wdl h ;._: ;'_'_.:c ..c~_r'.n.; ~_n '.~m_c.'t.c day, January 10, 2001, to conmder making a recommendation to the Cml ' Counml concermng a Zomn Plan to rezone approximately 3 acres, from an Agricultural (Al zoning district to a Commercial (C) zomng district (see map on backside) It is located at the southeast corner of 1-35 E Service Road and Pockrus Page Road A commercial site is proposed The pubhc heanng will start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would hke to hear how you feel about th~s zon/ng change request and inwtes you to attend the pubflc heanng Please, m order for your opinion to be taken into aocount, return this form with your comments prior to the date of the pubhc heanng (Th~$ ~n no way prohibits you from attending and participating ~n the pubflc heanng ) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Deborah Vlera, Planner I The zoning process includes two public hearings designed to provide opportumtles for citizen involvement and comment Prior to the pubhc hearings, landowners within two hundred (200) feet of the subject property are nobfied of the zoning request by way of th)s notice The first public hearing is held before the Planning and Zoning Commission The Commission )s informed of the pement of responses in support and in opposibon Second, the zoning petition is forwarded to the C)ty Council for final action provid)ng the Commission recommends approval Should the Comm[ss)on recommend denial, the petitioner may then appeal the request to the City Council if owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written oppomt~on, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one of request ~Neutral to re~ Opposed to request In favor Comments Printed Name '~.].F_.~'N~X.~d~. FF... C Mailing Address ~70 I ~Vk~ Telephone Number ~ e0 ~ ~( -- Physical Address of Prepe~y w~thln 200 feet ClTY OF DENTON, TEXAS ClTYHALL~ 12. =NTON, TEXAS 76201 · 9403498350 · (F)9403497707 Fflenanle ZP-~, ATTACHMENT 2 2 ~ 2 MR MCI~'EILL. I ~ql~s one point I'd hke to .~ ii ac next item oo our Agenda is ltem 10, to 3 make here since I sec no other questions before I open thc 4 hold a pubhc be~nng and considering nmkmg a 4 pubhc hcanng, tlus is a zomng request And If they 5 reconm~cmdanon conct~llng a zoning plan for approxunat~ly 5 have to come back vnth a project plan, now it may be that 6 three ac~s from Agncul~'e to Commercial on Pockrus Page 6 wc want to put condmons hke that on ther~ hkc the 7 Road And Deborah, Ms Viers, will bnng us the staff 7 hghtmg and the loud speakers and so forth But that s 8 rnport 8 not necessary becaus~ they'll come back as part of tile 9 MS VIERA commission, befor~ you there's a 9 protect plan, will th~ not? 10 request to ~commead to City Council the approval of a 10 MR VIEK~ ',', ell, you have the choice to make 11 zoning plan to rezone approximately thr~ acres from 11 those condmons no',', or later 12 Agncultor~ zoning dia,'let to Commercial As you can 12 Ma Me.TaLL mght I understand that 13 see, the locanon of the site is m the southeast corner 13 MR vn~ ,~ es, but the project plan, 14 of Pock.rna Palg~ Road and 1-35 East service road The site 14 remember, that ,a'~ll go to City Council 15 ls adjacent l~o C~oeral Retall at the wcst and east end of 15 MR. MOXTr. mL lUght As well es thlS Were 16 the site and also is adjacent to Agnculturn zomng 16 only makang a receinmendat~on to the City Council in terms 17 thsmct at the north Along the south boundary of the 17 of a zomng change 18 sltc, th~serv~ceroadrunsalonglt How©ver, allthe 18 MSVm. R.~_',eS However, the project plan 19 zoning thslnct across the serwce mad ~s 19 will go from Dsc, oc'¢elopmeat Review Committee, strmght 20 non rcsldeatml 20 to City Council 21 Tins apphcatica w~ll bn subject to the 21 Ma. MC~T~LL SO we won't sea that again 22 interim regulation and a project plan w~ll nead to be 22 MS vza. P,.~ th-huh 23 apprmed by City Council before a building permit can be 23 Ma MeNEILL- Rl~n 24 issued for this project The applicant Is proposing to 24 MR antcm~xa'r t would flank that there would 25 have a one-story stucco stone building with metal roof 25 be, for lack of a botts' phrase, mom strength b~hmd the Page 34 Page 36 I Tbey're also propomng to have a buffer along the east I hghtrng and sound ff ~t was condmoned w~th the zoning 2 part of the boundary that ts adjacent to the Agriculture 2 than tf we toed to apply tt at the project plan stage 3 zoning thstncts And that way there will be a buffer 3 MR. MCN'EILL Because that would carry forth 4 between tins Commereml use and the remdenttal use 4 tf another -- 5 adjacent 5 MR REICHHART If any apphcant m the 6 They're also proposing a 20 percent landscape 6 future 7 area mtnnaum on the site More dots*Is about the design 7 MR MC~q~mL. any apphcant m the future 8 w~ll be reviewed at the project plan stage Those are 8 wanted to develop 9 .lust prelu~.mary mformatten for you 9 MR SNYDER. Because the zomng plan ts the 10 T'ms proposal ts consistent with the Denton 10 actual zomng of the property The project plan ~s an 11 Plan and the staff ~s recommending approval with some 11 adrmntstrattve rote plan process So those conditions 12 conthtrens, and I would luke to hat those conditions to 12 probably should be part of the zoning 13 you Ltghtmg shall be des~,,nad and maintained so as not 13 MR MC~'~LL okay Very good All right 14 to sinne on or disturb surruundmg residential property or 14 Commlsmoners, other questions for staff before I open thl 1 $ to sinne and project upward to prevent d~ffumon rote the 15 pubhc haanng'~ AH right Thank you very much I'll 16 mght sky I would luke to answer any questions that you 16 open the pubhc hcanng then and we'll operate under the 17 may have 17 rules winch are posted outside And I'll ask tf the 18 MR. MCNEILL comnusstoners, any questtens? 18 apphcant or the spphcant's representative ts here and 19 Commtsszoner Wtlhams 19 would luke to make comments 20 MIL WILLIAMS Yes Among the enodtt~ons, did 20 MR. ANDERSON My name ~s Don Anderson and 21 you consider outside speakers and tlungs luke that, an 21 bye at 2517 Fort Worth Dnve tn Denton, Texas I 22 automobile dealersinp that can be harassing to people? 22 represent the cunent property owner and also the 23 MS VI£P.A If that ~s a condtt~en that you 23 purchaser The question about the hghtmg, and I've seen 24 would luke to add, you are more than welcome to include 24 that and we concur and that's not a problem As far as 25 that 25 what you were talkmg about as far as sound ~s concerned TH~ PLANNING AND ZONING COldMISSIC ~ 3 UARY 10, 2001 Page 33 - Page 36 CondenseltTM Page 37 -- Page I m the residential part of it, could that bo something exact words to how to put this as a condition 2 that would bo restrictive certain t~mes of the day or 2 MP,. MCNemL staff 3 would you want to do It all tho time? 3 ~ REiCHHART HOW about something hk¢ 4 Ma MC~eILC Aru you asFang the Comrmssion 4 speaker/sound system shall bo directed away from 5 that question? 5 res]deotially zoned property? 6 MR ANDERSON Yeah 6 MR WILLIAMS well Just because it's - I 7 MR MCI, rEIt[, okay 7 hear kids driving by mo on thc highway and their spcakc.rs 8 MR. ANDERSON Yeah I mean, we're going to 8 arc not dLrectcd toward me I kind of wanted to wher~ 9 comply with that That's not a problem Andwe'mgomg 9 peoplacan'thesrit In otbor words, have another syst~m 10 to comply with all of the provisions that they put m 10 where the people have beepers, no speakers outside 11 them as far as landscaping and all and ovea-ythmg that's 11 whatsosver or somathmg of that nature 12 in agreement I have a pmhmmary drawing of a 12 MR REICHHART well, that's easier No 13 conceptual drawing if you'd hkc to sea that of what the 13 exterior speakers shall he allowed 14 building might look like 14 sis. wit,[,[^MS In other words, because there 15 MR MCIqEILL It'S your five minutes Show us 15 are day sleepers And I know I used to work at mght sod 16 whatever you'd hk© to 16 that s very, very frustrating when people - you just get 17 MR ANOF..RSON But, basically, tho braid[ag is 17 in a deep sleep and people wake you up 18 going to bo stucco with some stone and a lot of glass 18 &m MCt, tEILL I think what James Wood finally 19 And I think as far as those types of businesses along the 19 did was I think they carry, the salesmen carry receivers 20 highway, you're: going to sea that this is going to bo a 20 and they don't actually page thom, I think ~s what the) 21 cut above what you'll sea most of the way 21 ~eat to 22 And with all of tho ~ that ar~ there: and 22 bm WILLIAMS okay But no speakers - okax 23 the compliance on that lot, if you've looked at it, it's 23 no outside speakers then Okay 24 going to b~ a nice site and I think something that will 24 Ma. MCNEILL comlnlSSlOfler R]shel 25 COm,nhment that part of the City as far as those 25 kiP,. RISHEL This is a conmaerc]al zomng and Page 38 Page 40 businesses am concerned If ther~ are questions, I'll I so I'd hke to -- obviously, we have a proposed butldmg 2 try to attempt to answer th~m 2 structure but the zonmg goes with the property so I'm 3 Ma MCa,mtt,C commissioners, do you have 3 concerned about the uses of the property and I'd like to 4 questions of the apphcant? Thank you vea-y much Is 4 look at the checkhst of things that are available to us 5 there anyona else in the audience who would lake to speak 5 under that 6 in support of this motion? Anyone m tbo audience who 6 MS VIERA I have that checkhst 7 would hke to speak In support of the motion? Support of 7 MR MCNEtLL That are available under current 8 the motion? Is there auyone who would like to speak m 8 Commercial zoning, Is that what you're askmg'~ 9 opposMon of the Agenda itom? Anyone hko to speak m 9 MR RISHEL Yes, sir I may have that, too 10 opposition? Anyone to speak m opposition? Hearing none~ 10 MR MCNEILL could you put it on the overhead Il I wdl close thc pubhc heanng and ask staff tf they bove 11 so -~e can all see ~t? 12 any closing comments 12 MS VIERA It's double~sided Page 1 of the 13 MS VIERA [don't 13 list- 14 MR MCIN'EILL Very good Commissioners, 14 MR MCNEILL IS this the standard list that 15 you've heard the staff report and you've hosrd tho 15 we usually see? 16 applicant Do you have addmonal thscussion or a motion? 16 MS VIERA Yes, for Commeretal uses it is 17 Commissioner Wdhams 17 It ~s classified by education, utthty, eommerutal, 18 sm WILLIAMS Yes I can remember whoa lames 18 transportation, automobile, retail 19 Woods came out and thoro was a lot of complaints from the 19 MR MCNEILL ~o these are the permitted u~, 20 citizens out m Boar Oaks, I think, about tho no]se where 20 not the excluded 21 they're paging people I don't know tho exact wording but 21 MS VIERA Yes, under Commercial 22 smee we haw an opportunity -- because before ther~ 22 MR. MCNEILL yenah But my quest[on is these 23 wasn't anything that we could do about it because it 23 are perrmtted uses, not excluded use.s? 24 wasn't a zomng case and so ~ but l would L~ke to take 24 MS VIERA Thoseurepermttteduses 25 this opportunity to do eomothmE about it but I don't thc 25 MR. MCNE1LL Okay THE PLANNING AND ZONING COMlVIISSIO*~ ' ""IARY 10, 2001 Page 37 - Page 40 CondenseltTM , Page 41 Page 4 MR RISHEL And SO dormaones or hot~ls or MR REICHHART could they not -- would that 2 -- those would be part of that same classlficmion, right? 2 chromate that -- 3 MS v~m~ Yes, fi~y would bo allowed under 3 MR RISHEL I'd hke to learn more about 4 Commeraial 4 where they're going with that and, as I say, we're/onmg 5 Ivla.RlSltat. okay Yeah, I'd hka to get more 5 the property and not the speclfic use so I'm concemed 6 restrictive on that I don't think donmtones, this ~s 6 about learning more about what the potential use of that 7 an apprepnat~ venue for that or hotel/motel 7 property aught be Gasoline station, tue recapping Is 8 Ma. MC~ma.L There's not a domutory on 8 there another page that would -- excuse me, the bottom of 9 there, is there? 9 that last page, laundry and cleanmg and self storag~ l0 MR ms.aL barrelled, boarding, or roonung 10 self service Licensed private club, pawn shop, antnnl 11 houses 11 ohmc 12 MR MCNEILL I'm sorry 12 MS VIERA Both hospital9 13 MP~mSHaL 'rhei's okay 13 MR RISHEL And hospital, yeah 14 MR MCNEILL And, Commmioner Rtshal, you're 14 MS VIERA okay 15 saying don't allow a motel either? 15 MR RISHEL Furm and ranch, hatchery anti 16 lyre RISHaL Y~8, sir 16 poultry IS that the end of the commemial hst9 17 MR MCNglLL DO you want to expand on that 17 MS VIERA Yes, it ts Then we would go to 18 one why? 18 SliP's 19 Ma. RtSHaL oh, you haven't been on tho 19 MR RISHEL That's fine 20 Commission long enough to appreclat~ thc &scuss~on we had 20 MR MCNEILL SO are you making a mononO 21 mtheI-35 urea and numerous mestings that went hack and 21 MR RISHEL Tbet'$what Iwouldmake the 22 forth on neighbors being affected by that Would you pan 22 motion And if there's any need to clarify or other 23 up just a hale blt so I could see moro of that? 23 things that would like to be restricted or unrestricted, 24 M~. aL*m:-lHnaX TO expand on the motels just a 24 l'd like to hear the dtseussion on that 25 hulebitthongh, tboarea~s~dentlfiedmareg~onal 25 MR MCNEILL so you've made a motlon to Page 42 Page 44 mixed-uso center m the new Comprebenstve Plan which 1 approve the rexomng? 2 would, I beheve, allow for a motel or a hotel to be used 2 Ma WILLIAMS I haven't heard amotaon 3 tn that general area 3 Ma. RIaH£L Those would be tho tlungs that 1 4 MR RIe~HEL That's just my opinion at this 4 would hkc to restrict from the usc of the property under 5 point m time I'm just -- yeah, we need to pen m or v,e 5 the zomng part 6 need to push your pi. eeo of paper up, Ms Viers Them we 6 Ma MC'~mlLL okay So you're not making a 7 go I can just about, just barely read -- well, tfyou'd 7 motion You'rejustralslngtheseasissues? 8 go the other way There we go I mean, I wouldn't ti'auk 8 Ma RlSltet, YeS, sir 9 a water treatment plant would be sometlung we'd want to 9 Ma MCNEILL okay Coranussloner Williams 10 have m there, water resarvorrs, sewage pump station, gas 10 MR. WILLIAMS Yeah If this does come to a 11 transmisstonlmes Andyousatdtbere'sapage2,~ 11 moaon, Iwouldhketomakeanmtelhgentdecmon Mr 12 Ma VI~IIA YeS Actually there's a page 3, 12 lhshel CouldyougivcmearaOonalobelnndthescaans° 13 as well 13 MR. MCNI~a.~ Without being overly formal 14 MR RISHEL stables, private club, stableS - 14 according to our talcs you need to address your quesoons 15 commercial rental, stables - boarchng, movie theater, 15 to me 16 theaters 16 MR WILLIAMS okay I need the rationale 17 MS mERA Like dave-m? 17 beband ~s because I can't see - with good conscience I 18 MR RI~HEL Airport Yeah, bethel'ibc 18 couldn't support a motion with all those restnctions on 19 theaters I don't think there's an au'port landing field 19 it 20 there Bus station or terminal, all the railroad stuff 20 MP- Mc'm~tr~. commissioner Pasbol, would you 21 Can you push tt up to the -- yeah, there we go Auto 21 like to respond to that? 22 paint and body repair 22 Ma. RISHEL yeah, If ! could address that 23 MIL REICHHART If this were a car shop -- 23 Yeah, just loolang at the ones on that pamcular page 24 MR WILLIAMS Iflt'SgOlngtob~a 24 that l have addressed, all of those relate to th~ sound 25 dealership' what,s .. 25 isse~ that you brought up, Mr Wdhams Sol don't THE PLANNING AND ZONING COMMISSIOI .... ARY 10, 2001 Page 41 - Page 15. Conde~nseltTM Page 45 - Page 47 ] think people want barkeep dogs n~xt to them as neighbors I MR MCNEILL addalonal cornnrents or 2 whether they're a business or they're a residence I 2 questions? I guess before we make a motion here as I 3 don't know If you've been around a hatchery or a poultry 3 look at that and hsten to the discussion, the majority et' 4 operation I don't flunk that would be a very desunble 4 these things that we're talkang about ehrmnatmg are 5 thing w~th regard to the smells that are centred from 5 already m that area, other than there's not a motel 6 that So tuost of the things that I have addressed am 6 there, bat across the street isn't -- I behove right 7 things thet have coma up on this Comuussmn and th~s Board 7 across Interstate 35 is where the ex,sting auto dealers 8 many twaes before und we have looked at trying to, evea 8 are and they're damp a majority of that, If my math ~s 9 though they don't have neighbors lmmedmtely around them, 9 correct hem So I'd have trouble supporting the 10 we have trmd to be considerate and try to work with the 10 ehmmat~on of all those I think future use, they aught 11 plan and the desired or shown desired type of proposal 11 be appropriate them I see Conmuss~oner Rlshel has 12 they would have And I think that these are all ttnngs 12 punched h~s light So Comunssioner ~shal 13 that aught coanern people If they operated a business or 13 Mil RISHEL That was intended just to be a 14 had a residence anywhere near there 14 suggestion of things we m~ght want to cous~der as we ha~ e 15 MIL MC'NEILL conmus$1oner Oonrdle 15 done time and nme agmn on this ComllllSSlOn 'Q~qlat I ha~ e 16 MS OOtlllDln Thank you I nc:ed elanflcation 16 seen historically la we go through a hst hka this and v,e 17 from staff When the new Deaton Plan comes to be, If and 17 end up adding s~x or seven more items to It as opposed to 18 when, and tins ~s r~zoned to r~nonal nuxed-use, purple 18 ettmmatmg some of the items I've already put in there 19 ar~, these condition will no leages apply? 19 So I am certainly opea for discussion and have just put 20 MR REICHHART COl'/l~t 90 this forth as an idea of what we have done m the past 21 MS OOURDIn okay 21 MU MCNEILL okay COlllHtlS$1oner Holt 22 MS VI.~2,A They will be subJeCt to the new 22 MS HOLT some of these things that 23 conditions that the new dlshnct will estabhsh 23 Commissioner Rlshel has taken off, I agxee with Ms Apple 24 MS OOLraDII~ And th~s is pretty munh what the 24 I think would be very appropriate I tlnnk a motel by 25 new regtanal m~xed-use area is gomg to pemut? 25 that hasp~tal out them would be greed I think the Page 46 Page 48 MS Vlm~.A There'S some uses that have 1 patients and their families would think that was great 1 2 changed I will not say that ~t's the same one but some 2 think that being them on 35, we're gmng to have to 3 of the uses that are hated, yes, are maleded m tl~ new 3 reahz~, that's going to develop and we eanunt protect a 4 Code 4 We have to do the best with what is offered to 5 MS oouaDia Thank you 5 us and but I would have to really study tins list and 6 ~ milCHRnaT ns we're leolang at this sheet 6 say - I mean, I enuld not vote on this list tonight I 7 m that dtstnet, none of the agnculture ~ uses would 7 would ha~e to study ~t and say these are thngs that 1 8 be permitted under th~ proposed new zoning And them are 8 would tlunk are probably - not because I don't agree w~th 9 some other lmutations on gas stations and the ~ of 9 all of yours and you probably wouldn't agre~ vath all of 10 servl¢~ that you could do m that m the future 10 nune and I don't know that this is the tune to do that 11 MS OOUP. DIE. BUt hke hatel./motel stays on 11 Maybe at a later date we shauld take un this hst and vote 12 them I'm pretty sum that's on tt 12 on that thea 13 MILREICHHART Ibehaveltdees 13 MILMClqI~[LL ¢ommissionerOourthe 14 Ma Ootmot~ And dormitories Okay Thank 14 MS oouaom t would just hk¢ to say I'm 15 you 15 I could go for e~ther choice because I know that in two or 16 MR MCICEILL commissioner Apple 16 three months ~t's going to change anyway So I really 17 Ms. AI,?LE I guess -- and I'm usually one to 17 have no problems with th~ options he's presenting at th~s 18 go down thts hat and kind of want to cut some things but 18 moment in time but I have no problem vath what y'all are 19 considcanng that tlus ts on Interstate 35 and does eot 19 suggesting either So that's where I stand on the issue 20 have a resldeat~al neighborhood around ~t, I certainly 20 Ma. MCIqalLL Comnuss~oner Rtahal 21 wouldn't have a problem wtth a lot of these uses that 21 tqw. msHat- YeS AsIsay, ttwasunly ~2 Comnussloner Pashel wanted to eliminate G-as station, et 22 thrown out as a laundry hst of some of th~ places we'd 23 cetera, I think would be appropnat~ for an interstate 23 been m the past and some of tho longer thsaussions we ~ e 24 loeaaoa sandvacb~xl m betwam two retail s~tea So I :24 had at tlus Counml And mo~s has been ann of those 25 don't have a problem with the penmtied uses 25 thmgs If ~t would meet w~th owryon¢'s approval, I THE PLANNING AND ZONING COldMISSIO"' "~JARY 10, 2001 Page 45 - Page 48 16 CondenscltTM ~ Page 49 Page 51 would be more than happy to remove motel from -- I MR MCN~mL okay SO n's been moved and 2 motel/hotel from that parheular hst I put forth 2 seconded that thc hghtmg and speaker condition as 3 Probably s~veral things m ther~ I unght not have put m 3 stated that the motion be approved Do I hear any 4 there myself but I know those ar~ all things that 4 addmonal d~scussmn? Vote on the board, please Motion $ somewhe~ along tho way we have been a httle b~t men: $ passes 5-1 6 restrictive of and would hke to see them come under an 7 SUP type of sltaatlon as opposed to j~t a blanket MR MC~a~iLL The neat item on our Agenda Is 8 approval from at least tins Board 11, consider mal~ng 9 Mil MCNEILL commlsSlOller Apple cxachon variance Let me back up on 10 MS APPLE. JUSt m response, It's been my 10 uest hero and, 11 necolleetica that when we did have those ~ssuea, they were 11 r otherwise, we'll take a break 35 12 adjacent to either an existing residential neighborhood or 12 minute break 13 to a proposed re~ldeatml neighborhood that was a part of 13 14 what was being looked at 14 g and 15 MaMCI~ILL 'l'hat'scorreet AndIdoknow 15 Zonm.~ 10th, 2001 Andthe 16 from some espenenea I've had with the hospital that 16 next :tern on 11, consider making a 17 they've h'ted very hard to get, for instance, a motel down 17 cfi concerning an exacuon 18 there because of some of the reasons that were stated 18 I believe Ma 19 here So I th~nk having a motel there, as I said earher, 19 bring us 20 ~s not mappropnete So I guess 20 ~f the 21 Ma P.I$HI~L would you hke to remove that, 21 While we were on breal~ 22 motel from the laundry hst that I've put that forth ~lbits m addition to thc report : a 23 several tim~s I don't know how much more I can eaptess then thei'e's 24 tins Or we could drop the whole laundry list and start figures, F~gures 3, 4, and 5, Page 50 Page I MP, MCNEILL I thnik at this point what the here tomght to consld¢ 2 floor is open for is a motion We don't have a motion V-00-19, 3 We've had some d~seussion of items that are on a list 4 that's approved for commercial districts So at this 4 Section 34-124(0(3)(a) and 5 point we need to have a motion to move tlus forward So 5 6 do I hear a motion9 Corarmsstoner Holt 6 summary, flus section of the ~ 7 MS HOLT I move to recommend approval of 7 8 zP 0o o18 with the followmg conditions hghtmg shall 8 up ; the equivalent 48-mch pipe 9 be designed and maintained so as not to shine on or 9 unless the is less than 5 10 d:sturb surrounding residential property or to slune or 10 percent, [hall be reqmred 11 project l~pward to prevent the diffusion rote the mght 11 for discharges 100 cubic feet per 12 sky 12 second 13 MR MCNEILL It's been moved to approve th~s 13 First, 14 with the condmon Do I hear a second? Commtss, oner 14 is located south of 15 Gourdle 15 Longndge The and 16 MS OOUP. Dm second 16 easl A 17 MR. IvlCNI~ILL It's been moved and seconded 17 , the intricate 18 Any dtscuaston? 18 detarls of ~ Estates 19 MS ~OURDIE I would like to make a friendly 19 shows some ~ areas and 20 amendment Can I? 20 the storm sewer system What's 21 MR. MCNEILL Yes 21 that w maybe 22 MS COUP. DIE I would like to add a second : that exlubit up here on top 23 condition that them be no external speakers We have an existing flume that run! 24 MR MCN'I~ILL would you accept that? flume that runs from Savannah Trarl o 25 MS HOLT Sure creek The existing creek then flows across tl'us THE PLANNING AND ZONING COMMISSIO IARY 10, 2001 Page 49 - Page 17. ATTACHMENT 3 ~ "C,, Commercial District primary Residential Uses One Family Dwelling Restricted Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Educational. Institutional & Special Uses Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Bospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Primary or Secondary school, P~blic or Denominational School, Business or Trade Utility. Accessory and Incidental Uses Accessory Building Community Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) Fire Sta%ion or similar Public Safety Building Gas Tra~smission Line and Metering Station Home Occupation Off Street Parking Incidental to Main Use Off Street Remote Parking Public Building, Shop, Yard of Local, State or Federal Government Radio and/or Television Microwave Tower Sewage Pumping Station Private ISwimming Pool Telephone, Business office Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant 18. ,,~,, Commercial District fcontinue4} Recreational and Entertainment Uses Amusement, Commercial (Outdoor) Amusement, Commercial (Indoor) Country Club (Private) with Golf Course Dance Hall or Night Club Fairground or Exhibition Area Public Golf Course Commercial Golf Course Public Park or Playground Public Play field or Stadium Rodeo Grounds Roller or Ice Skating Rink Sexually oriented Business Stable, Private Club Stable, Commercial Rental Stable, Boarding Swim or Tennis Club Theater, Drive-in Theater, Other than Drive-in Type Transnortation Related Uses Airport Landing Field or Heliport Bus Station or Terminal Hauling or Storage Company Motor Freight Terminal Railroad Freight Terminal Railroad Passenger Station Railroad Track or Right-of-Way Railroad Team Track Truck Parking Lot Commercial Parking Lot or Structure butomobile Service Uses Auto Laundry Auto Painting and Body Repair Auto sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores New or Used Car Sales Lot (In Open) Seat Cover and Muffler Installation Shop Tire Retreading or Capping Used Auto Parts Sales (In Building) ~etail and Service Type Uses Antique Shop Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Handicraft Shop Household Appliance Service and Repair Laundry or Cleaning Self Service 19. .¢., ¢.mmerclal District (continued) Retail and Service Type Uses (con~ Mimeograph, Stationery or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrative Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/er Wine Licensed Private Club Pawn Shop Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet studio for Photographer, Musician, Artist or Health Secondhahd Store, Used Furniture or Rummage Sale Tool or Trailer Rental Agricultural Type Uses Animal Clinic or Hospital (no outside runs or pens) Animal Clinic, Hospital or Kennel (with outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Hatchery, Poultry ~emmercial Type Uses Bakery (Wholesale) Building Material Sales Cabinet end Upholstery Shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage Yard Engine and Motor Repairing Feed Store Heavy Machinery Sales and Storage Job Printing or Newspaper Printing Laundry Plant (commercial) Milk Depot, Dairy, or Ice Cream Plant Paint Shop Plumbing Shop Scientific or Research Laboratories Storage and Sales of Furniture or Appliances (Outside a Building) Storage or Sales Warehouse Trailer Rental or Sales Transfer, Storage and Baggage Terminal Wholesale Office and Sample Room PERMITTED USES WITH ~PPROVED SPECIFIC USE PERMITs Primary Residentlal Uses Trailer Camp or Mobile Home Park Educational. Instltutional & Special Uses Fraternity, Sorority, Lodge or Civic Club 20. I "¢" Commercial District ~continued~ Utility. Accessory and Incidental Uses Electrical Generating Plant Private Utility Shop or Storage Yard Sewage Treatment Plant Recreational and Entertainment Uses Drag Strip or commercial Racing Go Cart Track Agricultural Type Uses Animal Pound (Public or Private) Commercial Type Uses Flea Market Natural Resource Storage and Extraction Extraction and Storage of Sand, Caleche, Stone, Clay or Gravel ~pectal Industrial Processes Temporary Asphalt or Concrete Batching Plant Mixing and Sale of Concrete ~EE~ REOUIREMENTS: Floor/Area Ratio 2:1 Maximum YARD REOUIREMENTS~ Front Yard: Minimum 25 feet. Side Yard: No side yard is specified for non-residential use except where a non-residential use abuts upon a district boundary line dividing such districts from a residential district or when the side yard is adjacent to the street, in which event a ten (10) foot side yard shall be provided. Rear Yard: No rear year is specified for non-residential use except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall be provided. REI~HT R~UL~TIONSt Twenty (20) stories, except as noted in special setback required for all structures over three (3) stories. ~UPPLEMENTAL RE~ULATIONS~ 1. Parking (Based on use. See Article 34-115.) 2. Signs 3. Lighting 4. Landscaping 5. Screening & Fencing 21. ATTACHMENT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL (C) WITH CONDITIONS ZONING DISTRICT CLASSII~ICATION AND USE DESIGNATION FOR APPROXIMATELY 3 086 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35 EAST SERVICE ROAD AND POCKRUS PAGE ROAD, PROVIDING A ZONING PLAN ENCOIVIFASSING 3 086 ACRES, pROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZP-00~018) WHEREAS, on March 2, 2000, the C~ty Council adopted Ordinance No 2000-69 which estabhshas certain nonremdentml antenm regulataons (the '?qon-remdentml Regulatmns"), and WHEREAS, the Non~Resldentml Interim Regulataons estabhshed, among other tlnngs, a zomng plan reqmrement m the event of a request to rezone property, and WHEREAS, Don Anderson, m behalf of Ahce Pockrus, amtaated a change m zomng for 3 086 acres of land from Agricultural (A) zomng dastnct elassffieat~on and use des~gnataon to Commereml (C) wath eondmons zomng d~smct classification and use des~gnatlon, and WHEREAS, on January 10, 2001, the Planmng and Zomng Connmssmn concluded a pubhe heanng as reqmred by law, after wlueh a motaon to recommend approval of the requested change m zomng was approved wath condatmns, and WHEREAS, the Caty Council finds that the Zoning Plan, wath the condltmns amposed here~n, ff any, meets the reqmrements of the Non-resadentml Interim Regulataons and is consastent wath the 1999~2020 Denton Comprehensave Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SBCTION 1 The zomng chstnet class~fieataon and use desagnatmn ofthe 3 089 acre property descnbed m the legal descnptmn attached hereto and incorporated herean as Exlnbat A as changed from Agricultural (A) zomng dmtnct elassfficatlon and use demgnataon to Commercml (C) w~th condmons d~stnct classfficataon and use desagnatmn and the Zomng Plan attached hereto and incorporated hereto as Exhabat B ~s hereby approved, subject to the following condmons 1 No exterior audm or speaker system shall be allowed on the premases of the sate 2 Laghtmg shall be desagned and maintained so as not to shine on or dmmrb surrounding resadentml property or to shine and project upward to prevent diffusion an to the mght sky 22. SECTION 2 The City's official zomng map is amended to show the change in zomng d~stnet classlficat~on SECTION 3 If any provision oftlus ordinance or the application thereof to any person or circumstance ~s held ,nvahd by any court, such invahd, ty shall not affect the validity of other prov,sions or apphcations, and to th~s end the prov,sions of this ordinance are severable SECTION 4 Any person violating any prov,slon of tlus ord,nance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a prov,sion of th~s ordinance is v,olated shall constitute a separate and distract offense SECTION 5 That this ordinance shall become effective fourteen (14) days from the date of ,ts passage, and the C~ty Secretary ~s hereby directed to cause the caption of th~s ordinance to be pubhshed twice m the Denton Record-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date or,ts passage PASSED AND APPROVED th,s the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ' 23. EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, CITY OF DENTON, DENTON COUNTY TEXAS, BEING PART OF A TRACT DESCRIBED IN A DEED TO H W POCKRUS, ET UX, RECORDED IN VOLUME 314, PAGE 183, DEED RECORDS DENTON COUNTY, TEXAS AND BEING PART OF A CALLED 0 62 ACRE TRACT DESCRIBED IN A DEED TO H W POCKRUS, ET UX, RECORDED IN VOLUME 358, PAGE 505, DEED RECORDS DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A ¼ INCH IRON ROD FOUND AT THE INTERSECTION OF THE SOUTHEAST LINE OF SAID 0 62 ACRE TRACT WITH THE NORTHEAST RIGHT-OF- WAY LINE OF INTERSTATE HIGHWAY 35E, SAID ROD BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO A E WYATT, RECORDED IN VOLUME 2304, PAGE 418, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 48 DEGREES 21 MINUTES 10 SECONDS WEST, WITH SAID RIGHT- OF-WAY, A DISTANCE OF 530 53 FEET TO A V2 INCH IRON ROD FOUND FOR CORNER AT THE INTERSECTION OF THE NORTHEAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35E AND THE SOUTH LINE OF POCKRUS PAGE ROAD, THENCE NORTH 43 DEGREES 11 MINUTES 27 SECONDS EAST, A DISTANCE OF 73 95 FEET TO A FENCE CORNER POST FOUND FOR CORNER, THENCE SOUTH 85 DEGREES 47 MINUTES 26 SECONDS EAST, WITH THE SOUTH LINE OF POCKRUS PAGE ROAD, A DISTANCE OF 567 43 FEET TO A FENCE CORNER POST FOUND FOR CORNER AT THE NORTHERNMOST NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ENDERBY OAS, INC , RECORDED IN VOLUME 759, PAGE 433, DEED RECORDS DENTON COUNTY, TEXAS, THENCE SOUTH 41 DEGREES 36 MINUTES 11 SECONDS WEST, WITH THE NORTHWEST LINE OF SAID ENDERBY GAS TRACT, A DISTANCE OF 147 80 FEET TO A FENCE CORNER POST FOUND FOR CORNER AT THE NORTHERNMOST NORTHEAST CORNER OF SAID 0 62 ACRE TRACT BEING THE WESTERNMOST SOUTHWEST CORNER OF SAID ENDERBY GAS TRACT, THENCE SOUTH 61 DEGREES 02 MINUTES 47 SECONDS EAST, WITH THE NORTHEAST LINE OF SAID 0 62 ACRE TRACT AND THE SOLrrHWEST LINE OF SAID ENDERBY GAS TRACT, A DISTANCE OF 90 43 FEET TO A V2 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID 0 62 ACRE TRACT WHICH IS THE NORTHERNMOST NORTHEAST CORNER OF SAID A E WYATT TRACT, THENCE SOUTH 43 DEGREES 41 MINUTES 02 SECONDS WEST, WITH THE SOUTHEAST LINE OF SAID 0 62 ACRE TRACT AND THE NORTHWEST LINE OF SAID A E WYATT TRACT, A DISTANCE OF 291 13 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 3 086 ACRES OF LAND 24. Agenda Item AGENDA INFORMATION SHEET AGENDA DATE. February 6, 2001 DEPARTMENT' Utibty Administration ACM' Howard Martm, 349-8232 ~ SUBJECT A resolutaon opposing the ~ssuance of a Texas Natural Resource Conservation Commission gar Quahty Permit to Martin Marietta Materials of Texas, Inc for an asphalt/concrete plant at property located on Masch Branch Road, authorizing the Mayor to write a letter opposing the grantang of an gar Quality Penmt for such plant, and declaring an effective date BACKGROUND Mart]nManettaMatenals of Texas, Inc ("Martm Marietta"), formally "Marock Incorporated', has apphed to the Texas Natural Resource Conservabon Commission (TNRCC) for ISSUance of gar Quahty Permit No 39266 to anthonze construction of an Asphalt Concrete Plant located at 1 Masch Branch Road TNRCC has andmated that the proposed famhty will emit the following mr contaminants particulate matter (aggregate and road dust), mtrogen oxides, carbon monoxide, sulfur dmmde, and volatile organm compounds mcluchng (but not hm~ted to) asphalt vapors, diesel, and kerosene vapors Martin Marietta (then "Marock Incorporated") reed to build at th~s location ~n 1998 At tbas t~me the C~ty of Denton subnutted a resolution to TNRCC opposing the proposed gar Quality Permat for the project (see extub~t #2) Concerns were that the proposed famhty would adversely affect mr and water quahty, as well as demmentally affect local neighborhoods and nm counter to the general enwronmental philosophy of the commumty In addmon, the Denton Cotmty Commissioners Court also submitted a resolution opposing the proposed facility, c~tmg that the faclhty would create a danger to regmnal mr quality, ground water quahty, and would pose a threat to the health and safety of the County workers assigned to the area (see ex~uba #3) Martm Marietta's current proposed project does not differ substantavely from ~ts 1998 proposed project As you know however, the mr quahty m the Metroplex has continued to deteriorate Em~ssmns from fins type of operation will only exacerbate our mr quahty problems Thursday, February 22, 2001, at 10 00 a m m the Umvemty Umon (Room 418) at the Umvers~ty of North Texas, a formal contested case heanng ~s being held by the State Office of Adm~mstrat~ve Heanngs The purpose of the heanng ~s to receive comments on Martin Marietta's current project RECOMMENDATIONS Staffrecommends that C~ty Council adopt the rcsolutmn opposing the ~ssuance of TNRCC A~r Quahty Perrmt No 39266 and authorize the Mayor to present the resolution at the February 22, 2001, TNRCC formal contested case heanng Howard Mar~m Assistant Caty Manager, Ut~htles Prepared by Jul~f~lth /Y '- Er~nmcntaI-C'omphanc¢ Manager Exlub~t I Recommended resolution of the C~ty Counml opposing the ~ssuance of a Texas Natural Resource Conservation Commission A~r Quahty Pemut to Mart~n Marietta Materials of Texas, Inc for an asphalt/concrete plant at property located on Masch Branch Road, authorizing the mayor to write a letter opposing the granting of an gar Quahty Permit for such plant, and declanng an effective date Exlublt II November 4, 1998 letter from City of Denton Mayor and C~ty Council Resolution R98-064 Exhibit IH November 3, 1998 letter from Denton County Judge and Commissioners Court of Denton County, Texas Resolution opposing the ~ssuance of TNRCC Air Quality Penmt No 39266 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OPPOSING THE ISSUANCE OF A TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AIR QUALITY PERMIT TO MARTIN MARIETTA MATERIALS OF TEXAS, INC FOR AN ASPHALT/CONCRETE PLANT AT PROPERTY LOCATED ON MASCH BRANCH ROAD, AUTHORIZING THE MAYOR TO WRITE A LETTER OPPOSING THE GRANTING OF AN AIR QUALITY PERMIT FOR SUCH PLANT, AND DECLARING AN EFFECTIVE DATE WHEREAS, Denton County is the owner of a tract of real property located on Masch Branch Road, and there are other neighborhoods, including Ranch Estates, in close proximity to thas loeatton, and WHEREAS, Martin Marietta Materials of Texas, Inc is the owner of an adjacent tract of real estate upon whtch Martin Marietta Materials of Texas, Inc proposes to construct and operate an asphalt/concrete plant, and has subnutted an application to the Texas Natural Resource Conservation Con~nlSSlOn (the "TNRCC") for Atr Quality Permit #39266, and WHEREAS, the proposed project will admit the following atr contanunants, particulate matter (aggregate and road dust), nitrogen oxides, carbon monoxide, sulfur dioxide, and volatile orgamc compounds, including but not limited to asphalt vapors, diesel, and kerosene vapors, and WHEREAS, Denton County is part of the Dallas/Ft Worth serious nonattamment area for ozone pursuant to the 1990 Clean Act Amendments, and WHEREAS, the Council of the Caty of Denton belaeves that emissaons from this proposed project will only exacerbate the region's a~r quality problems, and WHEREAS, the Caty Councal beheves that the impact of the plant will also detrimentally affect neighborhoods near the proposed location of the plant, and deems it in the public interest to pass a resolution opposing Air Quality Permit #39266, and WHEREAS, the Denton County Commissioners Court, m 1998, passed a resoluUon opposing the issuance of Atr Quality Permit #39266 to Martin Marietta Materials of Texas, Inc (then "Marock Incorporated") by the TNRCC because they believe the operations of said plant will result m the ermsslons of carbon daoxlde gas and other pollutants whteh will pose a threat to the health and safety of Denton County workers assigned to Denton County's future Road and Bridge Faelhty Addmonally, the proposed plant would pose a threat to ground water, and the truck traffic from the plant will adversely impact the roads and safety of the residents of the area, and 3 EXHIBIT I WHEREAS, the Denton County ConumssIoners Court still opposes the project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the C~ty Council hereby opposes the ~ssuance of A~r Quahty Penmt #39266 to Martin Manetta Matenals of Texas, Inc by the Texas Natural Resource Conservation Commission SECTION II That the Mayor is hereby authonzed to wnte a letter to appropnate officials of the TNRCC opposang the issuance of A~r Quahty Penmt #39266 to Mart~n Manetta Matenals of Texas, Inc SECTION III That this resolution shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED thts the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 4 Page 2 I NRCC/ENUIRDMENTF~L Fax 512-25g-0606 .]an 20 2001 16 20 P 05 MAYOR D~TO~ TRXA~ November 4, I~P~ c, VIA FACSI~IL~ (512) 23P.~11 Chmf Clerk s Officc, Mc-I 0S ~RCC , ~ Austin, TX 78711-3087 Re ~ NRCC Air Q0aHty Pcrmtt No 3~266 Dear Chief Clerk {,~st night in suppo~ of Denton County, the Ctty Counc[[ passed thc cDcloscd r~olut:on opposing thc issuance of a '{NRCC A{r 0uahty Pe~t to Marock Inco~oratcd for an asphal9concre[o plant at property located on Masch Branch Road TIHs ts an area within extratemtorla[ jurlsdlctloll of the CIty o f Denton Yesterday the Dell[on County Commissioners Cou~ also pas~ed a reqolutmn a copy of whtch is attached In o[if resolution, opposing the i~uancc of Air Quahty Permit No 392~6 and requested the City'q SUl)PO~ m opposing fha pemll~ Thc C~ty ofDcntotl hereb5 ]Olllq Denton County m requesting a pBbhc hearing ]n Dec,ton Comity oil the above-referenced a)r quaht~ pemut apphcatmn submitted by Marock Ineo~ornted Denton County :s concerned that the enllssion$ fionl the proposed asphalffconcrelc plant wlll adversely affect the use or Denton County's tract adjacent to the proposed plant qRe Denton County ~ CUShily being rcvtewed by th~ U,S Envtronmental Protection Agency to be moved into a serious non-attai ununt are 3 hc em)sarans of carbon dmxlde gas and olher pollutants may pose a thr~at to health and ~arcty or tho County workers assigned 1o Dell[on County's future Road & Bridge Famhty Additionally, the C~ty oCDenton zs conccmcd that theqe en~tssmns may al,o pose a threat to the health and safety of residents who req~dc m a subd~x~s)on which ¢]oqe pro~lmay to th* p~opoa0d plant ~tte, Ranch Estates As Cmmty Iudge Jeff mdmat¢s m his letter to you of No~embcr 3, 1~98, the plant may pose a threat to ground water, and the {ncrs~¢d track traffic from the proposed plant could adversely unpact lhe roads and safety of the r~iden{$ or the area It ~s our understanding that the Lounty s prope~y ts locat~ &r,ctly to ths no~h of the proposed plant on M~ch Branch Road We behove ~t would be m the pubhe interest for these }ssucs to be thoroughly re, towed 5 EXHIBIT II I NKLL/~NVIRUMENIHL Fax 512-239-0606 Jan 29 2001 16 20 P 04 CNe~ Clerk'~ 0~¢~ November 4, ] 998 Pa,~ 2 Should you need addiuonal inffom~a[mn or ~ave an~ qu~shons, please do not hes;tate to contact me at (940) 349-~717, Sincerely, cc Mary DeNny, Slnt¢ P. cprescntam, e l'om Haywood, 5tare Sc~a[or JeffA Moseley, County Judge, Denton Couuty M~mbors of the De,,ton City Counc~l 6 IN~LL/kNVIRDMENTAL Fax S12-259-0606 Jan 29 2001 16 20 P OS A RESO[.UTION OF THL CITY CO~C[L OPPOSING THE ISSUANCE OF A TEXAS NATUEAL ~ESOUECE CONSEEVATION COMMISSION AlE QUALITY P~EMIT M~O~ INCORPORATED FOR AN ASpt~T/CONC~TE PLANT AT PROP~gTY LOCATED ON MASCH B~NCII RO~; AUTNO~gING TIlE MAYOR TO WRITE A LETTER OPPOSING TIlE O~NTINO OF AN AIR QUALITY pg~IT FOR SUCM PLANT; AND DECLARING AN EFFECTIVE DAT~, ~E~AS, Denton County is the owner of a tract of real prope~y located on M~ch Brach Road. and there are other ileighborhoods, t~cluding Ranch Estates, m close proximity thl~ lo~atlon; and WHEREAS, Marock lncorpog~ited ~s thc owner ~ an adjacent tract of real estate upon which Marock Incmporated proposes to construe[ and operate an asphal~concrete plant and has submitted an apph~ation to the Texas Natural Resource Cor~se~atlon Commission (the "TNKCC") for Air Qual}ty Penmt ~39266, and WH~AS, Dcntoa County was detem~med to be a crg~cat non-attainment area by the U S Env[ro~ental Protectton Agency, and WHEREAS, redly die D~llton County Commissioners Court passed a resolution oppostn~ the ~ssuance o~ A~r Quahty Po~[ ~39266 to Marock Incorporated by the cop~ ofwhich ts attached to tbts resell[Ilea) because they b~heve thc ope[abons of smd plant will result in the emissions of carbon dioxide iai and o~er pollutants which ~1[ pose a II.eat to the heal~ and safety of Denton County workers assigned [o Denton County's ~tur¢ Road and Bridge Facility Addttmnally, the proposed plant will pose a threat to ground water, and the track traffic from the pla[ll will ~dver~ely ~mpact the roads and safety o f the residents o f th c area, and WHEREAS, tllc Clty ~ou~ctl believes lhat thc impact of thc plant wdl also .irene neishboehoods near tM proposed [ocatto~ of the plant, and deems it m the p~bhc lnter~t to pass a resolutmn opposing A~r Quality Paoli fl39266, NOW, THE~FORE, rite CO~CIL OF 1 HE CITY OF DENTON }[gKEBY RESOLVES ~ TIler [l~c City Co~ncfl hereby opposes the ~suance of ~lr Quahty Pe~t ~39266 to Mtrock Incorporated by the Texas Natural ~esource Conse~ation Commtssmn ~ That the Mayor ~s hereby authorized to ~r~te a ktt=~ to appropriate othcmls of the ~RCC opposing thc issuanc= of A~r QuahD Pem~tt ~39166 to Marock Incorporated and approval, INKEL/~NV/NUMLNIHL Fax 512-259-0606 Jan 29 2001 16 20 P 06 J~bEP,, MA~ OR ATTEST' ~'ENNIFg..R WALTERS, CITY .t:;ECRETARY APPROVED AS TO LEGAl- FORM I-IERIgI~RT L PROUTY CITY ATTOK'NEY TNRCC/ENVIROMENTRL Fax 512-239-0606 Jan 29 2001 16 21 P 08 SANDY JACOBS J~/ DON HILL PgJECINCT ;~ ~ PILrONCT 4 DENTON COUNTY COHHISSIONEES COU~T JUDGE JEFF HOSEL~Y November 3, 1998 Ch~ef'Clerk's Office. M¢-105 3' N.R C,C, Post Office Box 13087 Austm, Texas 7~711-3087 Re' T H,R C C Air Qu~lhy Permit No 39266 D~c Chm~Cletk' Denton County hereby requests a Pubhc H~mg in Denton County on the above re~erenc~ alt quahty pe~t spplicat~on submitted by Marogk [nco~orated Demon County]oms the C~[y o~ D~on Count's ~ a~Ja~nt to the pmpo~ ate of[~ &pph~t's asphalVconorete plant Denton C~nty ~s cunently ~ing renewed by the U S Environmental Pcotectlon Agency to be moved into a serious non-attsinmcn~ ate~ The em~ssmns of carbon dmx~de gas and other pollutants wdl pose a thr~t t0 the h~th and ~fcty or tM County wockers ~ to ~r future Road & Bridge Facility Add]gon~ly, thc plant poses t threat to around water and Ihe track tra$c from the proposed plant wgl adversely Impact th~ marls and saCeiy of the residents of the area The Countr's property ~s Iocace~ dlr~tl~ to the noah orthe proposed plant on Masch Branch Road Thank you for your time and attentm~ to this matter Sincerely, c Ma~ ~nny, State Kepresentative Tom Haloed. State Senator ~ac~ M~llet, Mayor of thc C~{y o~ D~nton COUgTHOU$~- ON TH~ SQUAll[ ' ! I0 W HICgORY ' D~NTON, TEXAS '~620I 9 EXHIBIT III ~,~z~w,v~um~ ~ HL r,~x ~ZZ-ZO"J-UOUO Jan 29 2003. :lb 2~1 P 07 Resolution I$$UANCS OF T~XAS NATURAL I~$OURCig CONSERYATIOI~ CO~IVftS$1ON AIR QUALITY PItl~MIT NO 39266 10 AGENDA INFORMATION SHEET AGENDA DATE. February 6, 2001 DEPARTMENT: Community Developing5/ CM/DCM/ACM David Itlll, 349-8314 ~ SUBJECT Consider adoption of an ordinance authorizing the City Manager to make apphcatlon to the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary to obtmn a grant under the Emergency Shelter Grant Program, and providing for an effective date BACKGROUND Each year, the Texas Department of Housing and Community Affairs (TDHCA) provides a £undmg opportunity for the Texas Emergency Shelter Grants Program (ESGP) through a statewlde competitive process ESGP funding is provided through the Umted States Department of Housing and Urban Development (HUD) and is administered in Texas by TDHCA The City of Denton has apphed for and received funding from the ESGP in the past However, it has been at least ten years since the City of Denton has apphed directly for these funds Last year, local human service agencies apphed for ESGP funds, but the agencies were not granted funding In 2000, Denton County Friends of the Family and HOPE, Inc applied for ESGP funds as d~d the Salvation Army, Denton Corps, in two separate apphcat~ons This year, the Continuum of Care Planmng Committee (COCPC) decided that the City of Denton should be the lead applicant for ESGP funds The COCPC requested that a single application come from Denton under the community's recently completed Continuum of Care Plan The Continuum of Care Plan is Denton's plan for moving homeless households from homelessness to self-suffic~ency The Continuum of Care Plan was developed by local homeless and housing provtders including HOPE, Denton County Friends of the Family, HelpNET and the Salvation Army It was approved by C~ty Council in June 2000 as part of the 2000 Consolidated Plan for Housing & Community Development Page 1 ESTIMATED SCHEDULE OF PROJECT The deadhne for submission of the ESGP apphcat~on is February 21, 2001 If the grant apphcatlon ~s funded by TDHCA, funding will begin on September 1, 2001 and continue through August 30, 2002 PRIOR ACTION/REVIEW (Council, Boards, Commissions) There was no prior rewew or actions from City Council or a C~ty appointed Board or Commiss~on However, the Continuum of Care Planmng Committee asked that the City of Denton be the lead apphcant for funding on behalf of the service providers FISCAL INFORMATION The City of Denton plans to request approximately $100,000 00 in the ESGP apphcat~on BID INFORMATION N/A ATTACHMENTS Ordinance Approving Application to the Texas Department of Housing and Community Affmrs (TDHCA) for the Emergency Shelter Grant Program (ESGP) ~h/~/Respectfully submitted %~nda Rathff - /~ D~rector of Commumty Development Prepped by Dan Leal H~ Se~ces Coor&nator Page 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGI~R TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMLrNTY AFFAIRS EMERGENCY SHELTER GRANT PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY TO OBTAIN A GRANT UNDER THE EMERGENCY SHELTER GRANT PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the C~ty of Denton, Texas, is concerned with the provision of services to residents who are homeless and with providing decent housing, a sunable hwng environment, and assisting homeless households to achieve self sufficiency, and WHEREAS, the City of Denton, Texas, has a developed and adopted a continuum of care for homeless and potentially homeless households, and WHEREAS, the City of Denton, Texas, wishes to apply for and obtain a grant through the Emergency Shelter Grant Program, as anthonzed by the Stewart B MeKlnney Homeless Assxstanee Act of 1987 as amended (42 U S C Sec 11371 et seq ), and as admlmstered through the Umted States Department of Housing and Urban Development, and WHEREAS, the Texas Legislature has designated the Texas Department of Housing and Community Affairs as the adrmmstenng agency for the Emergency Shelter Grant Program pursuant to See 2306 094, Texas Government Code, and WHEREAS, the C~ty of Dentun, Texas, intends to sub-contract with local social service agencies to provide services though the emergency shelter grant program, and WHEREAS, the Texas Department of Housing and Community Affairs requires an apphcatlon and appropriate certifications and the City Council deems ~t in the public interest to authorize the City Manager to make apphcat~on for th~s Grant, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Council of the C~ty of Denton, Texas, authorizes the C~ty Manager to sign and submit to the Texas Department of Housing and Community Affairs and all appropriate officials thereof, a grant appheatlon, together w~th all necessary certifications, grant agreements and other documents as well as appropriate resources for entitlement of funds under the Stewart B McK~rmey Homeless Assistance Act of 1987, as amended and Emergency Shelter Grant Program pursuant to Sec 2306 094 of the Texas Government Code, and all other applicable laws, as necessary to obtain a grant under the Emergency Shelter Grant Program to provide services to homeless residents of Denton That the C~ty Manager is authorized to take all other actions necessary to obtaan and administer th~s grant SECTION 2 That the Commumty Development Admlmstrator ~s authorized, under the superws~on of the C~ty Manager, to handle all fiscal and admlmstratlve matters relating to the apphcat~on and the admlmstratlon of the Emergency Shelter Grant Program, ff it is funded and all other matters connected therewith SECTION 3 That the C~ty Secretary ~s hereby anthonzed to furmsh tree, complete, and correct cop~es of fins ordinance to all interested part,es SECTION 4 That th, s ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED th~s the day of ,2001 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 INFORMATION SHEET AGENDA DATE' February 6, 2001 DEPARTMENT: Planning Department CM/DCM/ACM Davtd Hill, 349-8314 SUBJECT - SP-00-018 (The Ruehle Office) Consider adoption of a resolution approwng the Ruehle Office Project Plan The subject property ~s located between Helm Street and Teasley Lane at 3490 Teasley approximately 1,400 feet south of Bent Oaks Drive A dental office ~s proposed (SP-00-18) BACKGROUND The apphcant requested to rezone th~s property from Agnculutre (A) to Office (O) to allow a proposed dental office ~' The zone change was approved 6-0 by C~ty Councd on January 2, 2001 PRIOR ACTION/REVIEW The followtng ~s a chronology of SP-00-018, commonly known as The Ruehle Office Apphcat~on Date -December 4, 2001 DRC Date(s) -December 14, 2000 ESTIMATED PROJECT SCHEDULE The subject property ~s not platted and would need to be platted prior to a Certfficate of Occupancy being issued The apphcant has submitted prehm~nary and final plat apphcat~ons FISCAL INFORMATION Development of th~s property will tncrease the assessed value of the cay, county, and school d~stnct It w~ll reqmre no short-term pubhc ~mprovements that are the responslb~hty of the mty S~dewalks are reqmred to be constructed along F M 2181 (Teasley Lane) RECOMMENDATION The Ruehle Office meets all minimum reqmrements Staff recommends approval OPTIONS 1 Approve as submitted 2 Approve w~th cond~ttons 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Project Plan 2 Location Map 3 Resolutton Respectfully submit[ed ~ ,~ D'~] rUegclt;; ofi/f Pp ~a~lll~gg[IanCdPDe/evel~ment Prepared by Mike Grace Planner I 2 Z\SEN t~ecoras\sL,'-buu,,oou,,~u-lz14uuawg v~olect~'ff ATTACHMENT 1 [rator ;--ivl_aserJetouuu -- ,,!, I hill ] 4¢; I1~ III , M I,,I I,il J,, Ill' ' I i Jl ilj~ tjl~ j ilj~ I iI J - ~ ~ ~ The Ruehle Office pSmtCt~ L Surveyors Z \§ENT Records\501 600\550\550 121400 dwg Landscape Plan, 01/11/2001 10 44 47 Administrator HP LaserJe[ 5000 The ~ueh e Office North ATTACHMENT 2 NORTH SP-00-018 (The Ruehle Office) LOCATION MAP Agenda Date February 6, 2001 Scale None RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR THE RUEHLE OFFICE, BEING AN APPROXIMATE 0 904 ACRE SITE LOCATED BETWEEN HELM STREET AND TEASLEY LANE AT 3490 TEASLEY APPROXIMATELY 1,400 FEET SOUTH OF BENT OAKS DRIVE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-018, RUEHLE OFFICE) WHEREAS, on March 2, 2000 the City Council adopted Ordinance No 2000-069 which estabhshed certtun nonres~dentml ~nterlm regulations (the "Nonresidential Interim Regulations"), and WHEREAS, the Nonres~dentml Interim Regulations estabhshed, among other th~ngs, a project plan reqmrement, and WHEREAS, the owner of an approximate 0 904 acre tract of land zoned Office (O) and described as Lot 1, Block A of the Ruehle Office has made an apphcat~on for approval of a project plan under the Nonres~dentml Interim Regulatmns, a copy of whmh ~s attached hereto as Exhibit "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the C~ty Council finds that the ProJect Plan, w~th the cond~tmns ~mposed here~n, ~f 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 ~s attached hereto and made a part hereof by reference, is hereby approved SECTION 2 This resolution shall become effective ~mmed~ately from and after ~ts approval PASSED AND APPROVED tl~s the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGENDA DATE: February 6, 2001 DEPARTMENT: Planmng & Development iL CM/DCM]ACM: Dave Hall, 349-8314 ,~/~ SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Agreement w~th Denton County for road ~mprovements, prowdmg for the expenditure of funds therefor, and prowdmg an effective date BACKGROUND The attached ordinance and mterloeal agreement has been drafted to describe the current funding relationship between the C~ty of Denton and Denton County regarding FM 2181 (Teasley Lane) The agreement stipulates that Denton County wdl expend $1 6 mllhon toward the project, and the City of Denton w~ll expend $450,000 toward the project Two project components are underway (1) the county and e~ty have committed to compete the sehematm plans and enwronmental assessment for FM 2181 extending from Lflhan Miller m Denton to the 1-35 Swisher Road interchange ~n Corinth, and (2) the county and c~ty have committed to complete the plans, specfficat~ons, and engineering documents (PS&E's) for the section of FM 2181 from Lflhan Miller to H~ckory Creek Road Improvements to FM 2181 are antaelpated to expand the em'rent 2-lane road to a 6-lane urban arterial Once the engineering work ~s competed, approximately $1 m~lhon m county funds w~ll remam to devote to actual construction Upon C~ty Council adoption, the County Commissioners must adopt the draft agreement before ~t wall be considered fully executed The FM 2181 project ~s an example of a c~ty-county transportation parmersh~p that ~s needed to aggresmvely address local needs and compete for hm~ted state and federal funds OPTIONS 1 Adopt the ordinance as drafted 2 Make rews~ons to the agreement 3 Postpone action for further dehberat~ons RECOMMENDATION Staff recommends adoption of the ordmance as drafted ESTIMATED PROJECT SCHEDULE The engmeenng work ~s anticipated to be completed by the end of 2001 Staff ~ntends to develop a fundmg strategy for actual construction once projects cost emmates are avmlable Addltmnal funding for the 6-lane sectmn from Lflhan Mallet to H~ekory Creek Road w~ll be reqmred, and will hkely ~nvolve capital funding from the c~ty and TXDOT A target goal of 2006 has been tentatively set for completion of the 6-lane expansmn from Lflhan M~ller to Hmkory Creek Road PRIOR ACTION/REVIEW The Teasley~Lane Corndor Traffic Study was produced and rewewed by C~ty Council m February, April, and May 2000 The need for expanded traffic capacity on FM 2181 ~s well-documented and ~s considered a htgh priority to meet travel demand ~n southwest Denton FISCAL INFORMATION The county's $1 6 m~lhon project fundang was allocated as part of the Better, Safer Roads Bond Program The mty's partm~pat~on of $450,000 wtll be allocated from emst~ng bond funds from the 1999-2004 Capital Improvements Program ATTACHMENTS Draft Ordinance and Agreement Assistant C~ty Manager, Development Services 2 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR ROAD IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor is hereby authorized to execute an Interlocal Agreement with Denton County in substantially the same form as the one attached hereto and incorporated by reference herein for road improvements SECTION 2 That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of various goods and services SECTION 3 That this ordinance shall become effective immediately upon its passage and approval 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 THE STATE OF TEXAS ) ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS THIS AGREEMENT Is made and entered into by and between Denton County, Texas, a pohhcal subdivision of the State of Texas, hereinafter referred to as "County" and the City of DENTON, Texas, a corporate and poht~cal body orgamzed and emst~ng under the laws of the State of Texas, hereinafter referred to as "City" This Agreement is for purposes of the completion of certain road improvements to FM 2181, hereinafter referred to as the "Project" WHEREAS, County has provided funding for several road projects within the lmuts of the City through and as part of the January 1999 Better Safer Roads Bond Program, WHEREAS, City and County value the early complehon of the Project which involves roads which are integral parts of the County's road system, and WHEREAS, City and County mutually desire to be subject to the provisions of V TCA, Government Code, Chapter 791, the Interlocal Cooperation Act, and City of Denton ICA I WHEREAS, City demres the parttclpat~on of County in the ProJect as authormed by V T C A, Transportation Code, Section 251 012, NOW, THEREFORE, it is mutually agreed by the part~es hereto as follows I The term of ttus Agreement shall commence upon execuhon by all partms and shall terrmnate upon completion of the ProJect or upon termination of ttus Agreement under the provisions of Section VIII II The Project is described as follows Improvements to FM 2181, including but not limited to, environmental clearance, development of plans, specff~catmns and ,estmaates, and construction of a slx-lane, divided urban Farm-to-Market roadway The project shall be conducted in two phases Phase I will consist of the environmental assessment and development of the schematic for FM 2181 from IH35E/Swlsher Road to FM 2181/Lflhan B Miller Parkway Phase II will consist of the development of plans, specifications, and estimates for the constructmn of FM 2181 from Lflhan B Miller to Hickory Creek Road III Pursuant to VT C A, Government Code Sechon 791 011, the part~es hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of streets, roads and drainage C~ty, of Denton ICA 2 are performed The part~es hereto further agree that each of them is authorized to perform the functions and services individually IV As required by V T C A, Transportation Code Section 251 012 and as evidenced by the signature of the City's representatave below, the govermng body of City by the execution of and approval of this Agreement approves of the expenditure of County money to partaclpate in or to fund an amount not to exceed ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1, 600,000), for the preparataons of an environmental assessment, schematic drawings, plans, specifications and estimates as identified in Section II The remainder of the County's comrmtted funds will be applied toward the construction of Phase li as identified in Section II V In performance of tins Agreement, the COUNTY will be responsible for hiring the engineering firm for Phases I and II of the ProJect Addlhonally, the COUNTY agrees that all funds remaining after the procurement of engineering services will be committed to the construction of Phase II of the Project VI In performance of this Agreement, the City agrees to pay FOUR HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($450,00000) to reimburse the County for costs incurred in procuring the environmental assessment, schematac, and plans, specifications & estimates for their portion of Phase I and II City of Denton ICA 3 VII As County proceeds in the completion of the Project, it shall subnut invoices on a monthly basis for reimbursement not to exceed $450,000 00 unless otherwise authorized by the govermng body of the City of Denton, to the City of Denton Finance Department, Attention City Controller, at City Hall, 215 E McKanney Street, Denton, Texas 76201, and the City shall reimburse County for all expenditures related to Phases I and II of the Project within Thirty (30) days of receipt of these invoices Attached to this Contract is a certification by the County Auditor that the County shall include the sum of ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1, 600,000) in its budget and that ttus amount shall be itemized, set aside and approved by the County Cornnussloners Court to be expended for the ProJect VIII This Agreement may be terminated in whole or in part by the County or City upon thirty (30) days' wratten notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obllgat~ons under this agreement through no fault of the terminating party No such termination may be affected unless the defaulting party is given (1) written notice delivered by certified mall, return receipt requested of intent to terminate setting forth the substantial failure to perform, and (2) not less than thirty (30) calendar days to cure the failure, and (3) an opportumty for consultation with the terminating party prior to termlnataon In the event of termination by the City, City shall reimburse County for all invoices submitted up to and lncludlng the date of termination Notices shall be d~rected as follows For City Hon Eullne Brock The City of Denton Mayor 215 E McKlnney Street City of Denton ICA 4 Denton, Texas 76201 Copy To: M~ke Jez, City Manager City of Denton 215 E McKlnney Street Denton, Texas 76201 For County Hon Scott Armey Denton County Judge 110 East Hickory Denton, Texas 76201 Copy to. Dlstr~ct Attorney's Office/C~wl Division 1450 East McKlnney P O Box 2850 Denton, Texas 76201 IX The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas The parties mutually agree that venue for any obhgatlon arising from rials Agreement shall lie in Denton County, Texas X Ttus writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement Tl'us Agreement can be modified or terminated according to the provisions of Section VIII only by writing signed by both of the parties or their duly authorized agents XI This Agreement is not intended to extend the llabxhty of the parties beyond that provided by law Neither County nor City waives, nor shall be City of Denton ICA 5 deemed hereby to wmve, any lmmumty or defense that would otherwise be available to it against claims arising by thard part~es XII In the event that any port~on of ttus Agreement shall be found to be contrary to law, it is the intent of the parhes hereto that the remamang portions shall remain valid and m full force and effect to the extent possible XIII The undersigned officers 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 parhes hereto and each party hereby certifies to the other that any and all necessary resolutaons extending said authority have been duly passed and are now in full force and effect EXECUTED in duplicate ongnnals COUNTY CITY Denton County, Texas The City of DENTON, Texas 110 West Hickory 215 E McKlnney Street Denton, Texas 76201 Denton, Texas 76201 By By Hon Scott Armey Hon Euhne Brock Denton County Judge The Mayor for the City of Denton Acting on behalf of and by Acting on behalf of and by authority of the Comnussmners authority of the City Council of Court of Denton County, Texas Denton, Texas Date Date C~ty of Denton ICA 6 Attest Attest By By Cyntlua Mitchell, County Clerk Jennifer Walters, City Secretary Approved as to form Approved as to form Robert Schell Herbert L Prot/uty Assistant District Attorney City Attorney AUDITOR'S CERTIFICATE I hereby certify funds will be available in the amount of ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1, 600,000), will be comn~tted to engineering and design and the remainder will be applied towards right-of-way acqmslt~on, utility relocation and construction, toward financing the ProJect to accomplish and pay the obligation of Denton County, Texas under this Agreement James Wells, County Auditor C~ty of Denton ICA 7 AG~DA DA~: ~ebru~ 6~ 2001 CM. M~ke Jez, C~ M~ager SUB.CT Conmder nommatmns ~d appom~ents to the C~ty's Bo~ds ~d Comm~smons BACKGROUND The following xs a hst of e~ent Bo~Commxssxon vae~cxes/nommatxons Cxty M~ager Jez has ~ appmntment to ~e C~wl Se~ce Co~ssmn Ahce Gore has res~ed from ~e Zomng Bo~d of Adjustment Th~s xs ~ alternate posxtmn ~d a nomination for ~e entxre Co~ml Bob M~ng, Chmr for the Zomng Bo~d of Adjus~ent, has requested Counml appmm a replacement alternate for Ernest McNe~ll (see attached letters) Thxs would be a nommatmn for the ~t~re Co~ml If you reqmre ~y ~her mfo~atmn, please let me ~ow Respect~lly submx~ed ~y Secret~ PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO DAVID HILL, ASSISTANT CXTY MANAGER FROM LARRY REICI-IHART, ASSISTANT DIRECTOR OF PLANNING AND DEVELOPMB SUBJECT ZONING BOARD OF ADJUSTMENT DATE JANUARY 5, 2001 CC MIKE JEZ, CITY MANAGER Bob rearming (ZBA Chammy) dropped off the attached letter on Wednesday, m wktch he m requesting that Gty Councd appoint two new alternates Cunently, there ~s only one act,ve alternate, Grant Jacobson, and he recently broke ks ankle and may not be able to attend meetings for a wlule Of the other two akemates, Akce Gore, was appointed last spring but resigned just a few months later Jenmfer smd that she was notifying councd of the res,gnanon at the January 16~h councd meeting Ernest McNedl, the other akemate, has never shown up for any meetings According to E&he Martin, Mr McNe,ll would have to resign or Oty Councxl would have to remove ban for cause (non-attendance) prior to appointing someone m ks place He suggested that perhaps Mr McNe21 should be contacted bythe councdperson that appointed Mm (I beheve that was Councilman Young) and ask ff he would stare attending or resign If anyone asks for potenual ZBA members, Jan K~rkpamck showed an interest at the last Boards and Cormmss~ons Open House, and m my opwaon would make a good board member Please forward the letter on to Caty Council Oty of Denton, Pl~d Development - 1- 221 N Elm, Denton, Tex~s 76201 www c~tyofdenton eom (940) 349 8350 fax (940) 349 7707 3 January 2001 To Members of the City Counod of Denton Texas Subject Appointment of Zomng Board of AdJustment Alternate Members In the interest ofprowdmg the best semce to our commumty, the Board of Adjustment works diligently to expedtte all items on our agenda Because ~t takes a three fourths vote of tho board to approve any item, we must have a mmanum of six members m attendance Tins amounts to sm members at all meetings (we much prefer seven) For tins reason the recently amended c~ty charter has three alternates to be appointed by counml We are currently operating w~th one alternate - Grant l'acobson Mr Jacobsen has been very responstble ~n Ins duties and has shown up for almost all our sessions We reahze that being an alternate member can be venj unrewarding ffyou consder showing up for a meeting and then being a "bench warmer", however we cannot operate vothout their help Mr Jacobsen has suffered a tragm rmshap recently m brealong Ins ankle I understand ~t ~s not a stmple fracture, but one winch ~ reqmre much rehabihtat~on He certmnly has the best w~shes of the corrammon for a speedy re~overy In November, w~th a lengthy agenda pen&ng, we were forced to cancel our regular meeting due to a shortage of available members Our agendas, much hke yours, have been very busy Canceling a meeting therefore causes a problem for the staff and for the pending apphcants For the reasons outlined we respectfully request the appomtment of two new alternates as soon as ~s feasible As you approach c~tazens w~th the opportumty to serve, you might make ~t known that thetr sonnce is most important to the commumty, but they wdl be semng m a standby capacity Respectfully, CMn'man, Zoning Board of AdJustment cc Larry P,.eichart, Thomas Gray