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March 27, 2001 Agenda
CITY OF DBNTON CITY COUNCIL Agenda~ /..,-./..Item '~. .... March 27, 2001 Alter det~'mlmng that a quorum is present and convemng m an Open Meeting, the City Council of the City of Denton, Texas will convene m a Closed Meeting on Tuesday, March 27, 2001 at 5 15 p m m the City of Dentun City Hall Conference Room, Denton City Hall, at 215 East McKanney, Denton, Texas to consider specific items when these ~tems are listed below under the Closed Meeting section of tlus agenda When items for conslderat~on are not hsted under the Closed ~eetmg section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p m ~ and will convene at the time listed below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any ~tem on its Open Meeting ~genda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below 1 Closed Meeting A. Dehberat~ons Regarding Real Property --- Under TEXAS GOVERNMENT CODE Section 551 072 1 Dehberate the purchase and value of a 0 987 acre public utlhty easement and a 0 40 acm temporary construction easement both s~tuated w~tbnn the S McCracken Survey, Abstract No 817, smd tracts being along the west right-of-way line off M 428, adjacent and north of State Highway Loop 288 (Ray Roberts Water Transmission Line ProJect) 2 Deliberate the purchase and value of a 0 046 acre of land being located in the NH Melsenhelmer Survey, Abstract No 810 of Denton County, Texas for the US Highway 77 Wldemng ProJect, smd tract being situated on the north s~de ofU S 77, approximately 1,200 feet northwesterly of the Donna Road intersection (Parcel 20) 3 Deliberate the purchase and value of a 0 055 acre of land and a 0 0414 acre public utility easement both tracts being located in the N H Me~senhexmer Survey, Abstract No 810 of Denton County, Texas for the US Highway 77 Wldemng ProJect and US Highway 77 Utility Relocation ProJect, smd tracts being situated on the south side of US 77, approximately 250 feet northwesterly of the Donna Road intersection (Parcel 27) 4 Deliberate the purchase and value of a 0 026 acre of land and a 0 056 acre public utility easement both tracts being located in the N H Melsenhelmer Survey, Abstract No 810 of Denton County, Texas for the US Highway 77 Widening Project and US Highway 77 Utility Relocation ProJect, smd tracts being situated on the north side of U S 77, approximately 250 feet southeasterly of the Donna Road intersection (Parcel 31) 5 Dehberate the purchase and value of a 0 103 acre of land being located ~n the NH Melsenhelmer Survey, Abstract No 810 of Denton County, Texas for the US Highway 77 W~denlng ProJect, smd tract being situated on the north side ofU S 77, approximately 1,110 feet northwesterly of the Donna Road intersection (Parcel 21) City Of Denton City Council Agenda March 27! 2001 Page 2 6 Deliberate the purchase and value of a 0 144 acre of land being located m the NH Me~senhelmer Survey, Abstract No 810 of Denton County, Texas for the US Highway 77 W~denmg ProJect, smd tracts being situated on the north side ofU S 77, approximately 1,600 feet northwesterly of the Donna Road Intersection (Parcel 16) B Personnel Matters - Under TEX> GOV'T CODE Section 551 074 1 Hold a dascussion and dehberate regarding the appointment, employment evaluation, and or duties ofa C~ty Manager ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 55 l, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETINO IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Special Called Session of the City of Denton Caty Council on Tuesday, March 27, 2001 at 6 00 p m ~n the Courted Chambers at C~ty Hall, 215 E McK~nney Street, Denton, Texas at which the following ~tems will be considered 1 Pledge of Allegiance A, U S Flag B, Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and ~nd~vis~ble" PROCLAMATIONS/PRESENTATIONS 2 Rasolutmn of Appreciation A Consider approval of a resolution of apprematmn for Michael W Jez 3 Recognition of Honor Award from the Texas Chapter of the American Society of Landscape Architects (ASLA) awarded to the City of Denton and the Planning and Development Department for the Denton Plan 1999-2020 Comprehensive Plan CITIZEN REPORTS 4 [lob Clifton regarding incompetence m the Building Inspections Department 5 Dorothy Framanty regarding Municipal Court procedures / City of Denton City Council Agenda March 27, 2001 Page 3 NOISE EXCEPTIONS 6 Consider a request for an exception to the noise ordinance for overnight construction activity as part of the Downtown Improvement Project between the hours of l0 00 p m and 5 00 a m by Tn Dal, Ltd from March 29, 2001 to October 31, 2001 CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda anthonzes the City Manager or his designee to implement each item m accordance with the Staff recommendations The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration Listed below are bids, purchase orders, contracts, and other items to be approved for payment under the Consent Agenda (Agenda Item 7-22) This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Item 7-22 below wfll be approved wlth one motion If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration" 7 Consider approval of a resolution allowing the Denton Public Library to participate in the TexShare Library Card Program, which allows reciprocal borrowing privileges to the patrons of the TexShare Lthranes, and providing for an effective date 8 Consider adoption of an ordinance approving a real estate contract between the City of Denton and W E Williams, Jr relating to the purchase of approximately 0 004 acre of land being located in the N H Melsenheamer, Abstract No 811 of Denton County, Texas for the US Highway 77 project, with title vesting in the State of Texas, authorizing the expenditure of funds therefore, and providing an effective date (Parcel 44) 9 Consider adoption of an ordinance approving a real estate contract between the City of Denton and Galatyn Park Corporation relating to the purchase of approximately 0 439 anres of land and I 523 acres of land both being located in the Alexander White Survey, Abstract No 1406 of Denton County, Texas for the US Highway 77 project, with title vesting in the State of Texas, anthonzing the expenditure of funds therefore, and providing an effective date (Parcels 1 & 3) 10 Consider adoption of an ordinance approving a real estate contract between the City of Denton and Galatyn Park Corporation relating to the purchase of approximately 0 056 acres of land being located in the Alexander White Survey, Abstract No 1406 and approximately 0 200 acres of land being located in the Alexander White Survey, Abstract No 1406 and the Nathan Wade Survey, Abstract No 1407 of Denton County, Texas for tl~e US Highway 77 project, with title vesting in the State of Texas, authorizing the egpendlture of funds therefore and providing an effective date (Parcel 4, Parts I & 2) 11 C~nslder adoption of an ordinance approving a real estate contract between the City of ]~enton and Betty Ruth Davis Jackson and Joyce Davis Brenholtz Bishop relating to the p6rehase of approximately 0 421 acre of land being located in the B B B & C R R Caty of Denton Clty Council Agenda March 27~ 2001 Page 4 Survey, Abstract No 186 of Denton County, Texas for the US Highway 77 project, with rathe vesting m the State of Texas, authonzang the expendature of funds therefore and prowdmg an effectave date (Parcel 36) 12 Consider adoption of an ordinance authonzang the execution of a lacense agreement between the C~ty of Denton and Texas Instruments ("TI") Incorporated to provide for a hazardous materials exercise on TI property, and provadang for an effective date 13 Consider adoptaon of an ordinance authorizing financang for refuse trucks with G6vemment Capital Corporation through lease purchase financang, provld~ng for the expenditure of funds therefore, and provad~ng an effectave date (File 2665 - Lease Pm'chase Financing awarded to Government Capatal Corporation at the effectave rate of 5 33%, approxlmate financing charges equal $88,678 44) 14 Cgns~der adoption of an ordinance authorizing the execution of Change Order Two to the porsonal serwees contract prowdlng technacal support for right-of-way acquisition assocaated with U S 77 Road W~demng Project between the C~ty of Denton and Roger Vqflkmson, prowdmg for an increase m the scope of work and an ~ncrease m the payment mount, and prowdmg an effective date (Purchase Order 92249-01 to Roger Wilkinson ~n the amount of $145,000 plus change order two an the amount of $48,600) 15 C0ns~der adoptmn of an ordinance acceptang competat~ve bids and awarding a pubhc works contract for the eonstmetmn for re-roofing of City Hall West, prowdmg for the expenditure of funds therefore, and provadmg for an effective date (B~d 2637 - Re- Roofing of City Hall West awarded to C D McKam~e Company, Justin, TX, an the amount of $120,000 00 ) 16 Chris,der adoption of an ordinance accepting compet~tlve b~ds and awarding a contract for the purchase of a 2000 GPM Pumper Fare Track, prowdmg for the expenditure of funds therefore, and prowdmg an effective date (Bad 2626 - 2000 GPM Pumper F~re Track awarded to KME F~re Apparatus/Flrestorm, LLC an the amount of $322,690) 17 Consider adoption of an ordinance accepting competitive bads and awarding an annual contract for the purchase of Water Treatment Chemacals, provad~ng for the expenditure of funds therefore, and prowd~ng an effective date (B~d 2639 - Water Treatment Chemicals awarded as listed m the annual estimated amount of $632,000) 18 Cons~fler adoptaon of an ordinance accepting competitive b~ds and awarding an annual cgntract for the Recychng of Apphanees/Chlonnated Fluorocarbons (CFCs) and P~lychlorlnated B~phenyls (PCBs), prowdlng for the expenditure of fi~nds therefore, and prowdmg an effective date (B~d 2642 - Apphances/CFC/PCB Recyehng awarded to V~esley Salvage at $11 95 per apphance, annual estimated amount of $25,000) 19 Consider adoption of an ordanance acceptang competitive b~ds and awardang a contract ilthe preparation and pmntlng of papmg and stack for Umt 4 & 5, providing for the pendlture of funds therefore, and providing an effective date (B~d 2643 - Preparation d Pmntmg of Umts 4 & 5 P~pmg and Stack awarded to A-AGAPE Contracting, 1nc m amount of $19,800) City of Denton City Council Agenda March 27~ 2001 Page 5 20 C~nslder adopUon of an orthnanee providing for the expenditure of funds for the purchase ofl Public Safety Mobile Data Computers (MDC's) Wareless Data Service which as available from only one source m accordance with the provisions of State Law exempting such purchases from reqmrements of competitive b~ds, and prowdmg an effective date (PO 10760 - AT & T W~reless Services an the amount of $71,966 03) 21 C~nslder adoptxon of an ordinance approvmg and authonzmg the first amendment to the employment agreement with City Manager Michael W Jez, accepting the C~ty M~ager's resignation, providing for the payment of benefits as set forth an that agreement, ratifying prior actions, and prowdlng for an effective date 22 Consider adoptaon of an ordinance approwng an employment agreement and anthonzlng the Mayor to execute tbas agreement employang Michael A Conduff as City Manager of th~ City of Denton, Texas, setting the compensation and terms of that employment, ratifying prior action, and providing an effective date PUBLIC IHEARINGS 23 H01d a pubhc heanng and consider adoption of an ordinance granting approval of a sub- surface use ora portion of the North Lakes Park on Bonnie Brae Street south of Windsor Dr~ve The installation of a Pubhe Drainage Easement m accordance with Chapter 26 of the Texas Parks and Wfldhfe Code, prowdmg for the issuance of an easement and pr~wdmg an effective date 24 H~ld a public hearing and consider adoption of an ordinance granting approval of a surface use ora portion of the North Lakes Park on Bonnie Brae Street south of Windsor Drive The eunstructlon of a left turn lane and w~denmg the street m accordance with Chapter 26 of the Texas Parks and Wildlife Code, providing for the ~ssuance of an easement and prowdmg an effective date I~OR INDIVIDUAL CONSIDERATION ITEMS 25 C~nsider adoption of an ordinance approving an a~rport lease agreement between the City of Danton and Mr Jack Faas for use of a portion of the Denton Mume~pal Airport for commercial hangar/office and related services, and providing an effective date 26 Consider approval of a resolution of the C~ty of Denton, Texas supporting the request of th~ University of North Texas to the Texas H~gher Education Coordinating Board to ggant anthonty to implement undergraduate and graduate engmeenng educational and re~earch program, and declanng an effective date 27 C >nslder adoption of an orchnanee adopting a procedure for adoption of the Denton D ~velopment Code, a comprehensive rewrite of the City of Denton's development re gulatlons pursuant to Texas Local Government Code Section 211 006, and providing fcr an effective date City of Denton City Council Agenda March 27, 2001 Page 6 28 C6nsider adoption of an ordinance authorizing the City Manager to sign the first amendment to the contract for professional legal services between the City of Danton and Karger Key, Barnes and Spnnger, LLP to provide legal services with respect to an Open Records request and related services, ratlf)qng prior actions, and providing an effective date 29 Consider nommatlng members to the Denton County Housing Finance Corporation 30 Consider appointments to the Webslte Task Force 31 New Business Th~s 1tern provides a section for Council Members to suggest items for future agendas 32 Itgms from the City Manager A, Notification of upcoming meetings and/or conferences B Clarification of items on the agenda 33 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 34 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetmgs Act Follow,ns the completion of the Special Called Session, the Council will convene in a Work Session in the Council Work Session Room to discuss the following ~tems NOTE A Work Session is used to explore matters of interest to one or more City Council Members, or the City Manager for the purpose of g~vlng staff direction ~nto whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Coufiml deliberation and formal City action At a Work Session, the C~ty Council generally receives ~hformal and preliminary reports and information from C~ty staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council ¢~r C~ty Manager to participate in the session Partm~pat~on by lndlwduals and members of organizations invited to speak ceases when the Mayor announces the session as being closed to public input Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public heartngs, so citizens are not allowed to partmlpate in the session unless mwted to do so by the Mayor Any mtlzen may supply to the City Council, prior to the beginning of the session, a written report regardang the citizen's op~mon on the matter being explored 1 Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defimng the proposed action, which will be made available to all citizens prior to the regular meeting at which clt~zen Input is sought The purpose of th~s procedure is to allow mt~zens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings City of Denton City Council Agenda March 27, 2001 Page 7 1 Receive a report, hold a d~scuss~on and give staff d~reet~on regarding proposed changes to City Ordinance - Chapter 26 - Utthtles These proposed changes reflect changes an the operations, technology, and customer needs, and are in preparation for deregulation 2 Receive a report, hold a dascussaon and g~ve staff direction on the appointment of a task force to study racial profihng in Denton 3 Receive a report, hold a discussaon, and g~ve staff direction regarding the City of Krum's request for release of C~ty of Denton extratemtonal jurisdiction CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the C~ty Hall of the C~ty of Denton, Texas, on the .day of ,2001 at o'clock (am)(pm) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHBDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349~8309 OR USE TELECOM~CATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE Agenda No AGENDA INFORMATION SHEET AGENDA DATE: March 27, 2001 DEPARTMENT: City Manager's Office CM' Michael W Jez, City Manager, 349-8307 SUBJECT Consider a request for an Exception to the Nmse Ordinance for ovem~ght construction actlwty as a part of the Downtown Improvement ProJect between the hours of 10 00 p m and 5 00 a m by Tn Dal, Ltd from March 28, 2001 to October 31, 2001 BACKGROUND TRI DAL, Ltd ~s the contractor for the C~ty of Denton Downtown Improvement Project around the Denton Historic Downtown Square A request for an exception to the noise ordinance has been requested to allow over-mght construcUon on the Downtown Square between 10 00 pm and 5 00 am for a maximum of 32 t~mes during the approved contract Tn Dal, Ltd w~ll try to hm~t overnight construction to no more than two t~mes per week Before any mght construction ~s conducted, Tn Dal, Ltd w~ll g~ve a one-week not, ce to the C~ty of Denton, business owners, and tenants on the Square The contractor requests the exception to prevent the d~sruptlon of bus~ness on the Downtown Square dunng dally operation hours The C~ty of Denton Parks and Recreation Department w~ll be momtonng the contract and construction As you know, the no,se ordmance declares the erection, excavatmn, demohtlon, alteration, or repmr work on any bmldlng at anytime other than between the hours of 6 00 am to 830pm from June 1 to September 30 and 700 am to 830pm Monday through Friday from October 1 to May 31 as a wolauon (Attachment 3) The ordinance does, lhowever, prowde that the C~ty CotUlCll may make excepUons The apphcant has been reformed that should Council approve this request, responsible use of the amphfied sound ~s stdl reqmred by Section 20-1 of the C~ty of Denton Code of Ordinances In particular, SecUon 20-1(a) states It shall be unlawful for any person to make or cause any unreasonably loud, d~sturb~ng, unnecessary noise which causes or may cause materml d~stress, d~scomfort or injury to persons of ordinary sens~bdlUes ~n the ~mmedmte vmlmty thereof 1 Tn Dal, Ltd, Nmse Exception Downtown Improvement ProJect March 27, 2001 Options 1 Grant Noise Exception as proposed 2 Grant No~se Exception w~th amendments and/or conditions 3 No~se Exception can be dented PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION None Respectfully Submttted Ber(y Wflhl~ms D~rector, Management and Pubhc Informat~on Prepared by RodneyA~htchell Management Assistant Attachments 1 Request from R W Edwards, Manager, Tn Dal, Ltd 2 Map 3 No~se ordinance 2 Mar'-l~]-01 03:22P D~n'l:,on Pa~"k:s and R~c:o ~r-li-01 1S 0~ ~r~l DAL LTD (8171481-~ ~m ~0 C~ (817) lVl~dt 1~, 2001 City De~o~ Texas 76201 Dear Mr M~tchell TRI DAL I,TD ~ been awarded a contract by t~e Cit~ of Denton to con~tmct m~t and sid~,alk tmprovements around thn Courtliouse Square Con.~ructton ~s lmheduled to betpn the week ofMaroh 19~ and wll mn through Ootober 2001 In order to build imMo~s m tim most e~l~mg mnnner poisnble, TRI DAL r~quests that the Caty Coun~ ~am us aa ex~ption to th~ nmse ordlnancu to work durtn~ the hours of 10'00pm to 5 00am on seleoted dates throughout the project During these hours, our crews will demohsb e~nstm$ pavurnen~ nnd hsul off tha debris I haw included a tmtauvs sohedule for flus mghttime work with ta:$ request There are w~ely 32 dstes f~r ~ work o3,~* the projef~ period Howard, ~ it d~lt to schedule pr~n0~ly this a~gvlt~ so ~, tn advance~ l propose to ~ot~fy the City ~t l~st on~ w~gk lmor ~o any dn~u lot ntghmmo a~2wty The C~ty vail then be able ~ive rosidouts sdequate notice TRI DAL wdl m~.o eve~ attampt to reduce botlJ tlm number oF m~ts and hours dining which t~s actwity wall occur No mgJ~me work Is pro.ned for ~urdays and Sundays While tlmr~ will be some nmse and Ineonwnten~ to residents livt~ m tha ar~a aro:~a the Sqlm~, yoor ilmllqltsslon to soh~dulo work at m~h! will halp to m.gmi~, th~ dmu~ton oflra~ and bu~lness~ dudn8 il~ rest of the day Pkase let me know if you n~d addmonnl III~OFRL~IOn tO ~ppOfl ~tUS ILW Rdwsrd-, 3 6 9 11 Chapter 20 NUISANCES* Art I. In General, ~§ 20-1--20-30 Art IL Abandoned Property, §§ 20-31--20-70 Dlv 1 Generally, §§ 20-31--20 40 Div 2 Motor Vehicles, §§ 20-41--20-70 Art III. Grass and Weeds, §§ 20-71--20-73 ARTICLE I. IN GENEHAL Sec. 20-1. Noise. (a) It shall be unlawful for any person to make or cause any unreasonably loud, d~sturbing, unnecessary noise which causes or may cause material distress, d~scomfort or injury to persons of ordinary sensibilities in the immediate vlc~mty thereof (b) It shall be unlawful for any person to make or cause any noise of such character, lntens~y end continued duration as to substantmlly interfere with the comfortable enjoyment of private homes by persons of ordinary sensibdities (c) The following acts. among others, are declared to bo noise nuisances in wolat~on of this Code, but such enumeration shall not be deemed to be exclusive (1) The playing of any phonograph, television, radio or any musical ~nstrument in such manner or with such volume, particularly between the hours of 10 00 p m and 7 00 a m, as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type or residence, (2) The use of any stationary loudspeaker, amplifier or musical instrument m such manner or with such volume as to annoy or disturb persons of ordinary sensibilities in the immediate wcinity thereof, particularly between the hours of 10 00 p m and 7 00 a m, or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday, provided, however, that the city council may make exceptmns upon application when the pubhc interest will be served thereby, (3) The blowing of any steam whistle attached to any stationary boder or the blowing of any other loud or far-reaching steam whistle w~thm the city hmlts, except to g~ve notice of tho fane to begtn or stop work or as a warning of danger, (4) The erectmn, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 6 00 a m and 8 30 p m Monday through Friday from June 1 to September 30, between 7 00 a m and 8 30 p m Monday through Friday from October I to May 31, between 8 00 a m and 8 30 p m on *Cross references-Protected migratory bird roosts declared nuisance, ~ 6-87, mspec- tlon and abatement warrants, § 19-86 et seq, insect and rodent control in mobde home and recreational vehicle parks, § 32-91 supp No 6 1389 8 20-1 DENTON CODE Saturday, and between 1 00 p m and 8 30 p m on Sunday, provided, however that the c~ty councd may ~ssue spec,al permits for such work at other hours in case of urgent necess,ty and ~n the interest of pubhc safety and convemence (5) The creatmn of any loud and excess,ye no~se m connectwn with the loading or unloading of any veh,cle or the opanmg or destructwn of bales, boxes, crates or (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attract, ng attention by the creatmn of no,ses to any performance, show. theatre, mot, on picture house, sale of merchand,se or display which causes crowds or people to block or congregate upon the s,dewalks or streets near or adjacent thereto (Code 1966, 8§ 14-20, 14-21, Ord No 95-184, 8 I, 9-12-95) Cress reference--Ammal noise, 8 6-26 See 20-2. Odors. (a) It shall be unlawful for any person to create or cause any unreasonably nox,ous, unpleasant or strong odor wh,ch causes material d~stress, discomfort or ~njury to persons of ord,nary sens, bdfl~es zn the immediate vic,tory thereof (b) It shall be unlawful for any person to create or cause any odor. stench or smell of such character, strength or continued duratlan as to substantially ,nterfere with the comfortable enjoyment of private homes by persons of oral,nary sens~blhtles (c) The following acts or condit,ons, among others, are declared to be odor nmsances m vmlatmn of th,s Code, but such enumerahon shall not be deemed to be exclus,ve (1) Offensive odors from cow lots, hog pens, fowl coops and other sim,lar places where ammals are kept or fed which d,sturb the comfort and repose of persons of ordinary sens,blhtles, (2) Offensive odors from pnv,es and other s,mdar places, (3) Offensive odors from the use or possessmn of chermcals or from industrial processes or act~vlt,es which d,sturb the comfort and repose of persons of ordinary sens,bd,t,es. (4) Offens,ve odors from smoke from the burmng of trash, rubb,sh, rubber, chemicals or other thmgs or substances, (5) Offens,ve odors from stagnant pools allowed to remain on any prem,ses or from rott,ng garbage, refuse, offal or dead ammals on any prem,ses (Code 1966. §8 14-22, 14-23) Sec 20-3. Garbage, trash and rubbish nuisances--Generally (a) Storing or keeping garbage, trash and rubbish The storing or keeping of any and all stacks, heaps or piles of old lumber, refuse, junk, old cars or machinery or parts thereof, garbage, trash, rubb,sh, scrap material, rums, demol,shed or partly demohshed structures or braidings, pries of stones, br,cks or broken rocks on any premises border,ng any pubhc street Supp No 6 1390 13 Al~enda Item AGENDA INFORMATION SHEET AGENDA DATE' March 27, 2001 DEPARTMENT: Library ACM: Kathy DuBose, Fiscal and Mumclpal Servmes ~'~ SUBJECT A Resolution allowing the Denton Pubhc Library to participate m the TexShare Library Card program which allows remproeal borrowing privileges to the patrons of the TexShare hbranes, and providing for an effective date BACKGROUND The TexShare Card program allows the registered users of parhclpatlng institutions to d~rectly borrow materials from the hbrarms of other part]clpat~ng mst~tut~ons without ~mposlt~on of a lending fee or non-resident borrower's charge The program, sponsored by the Texas State Library and Arctuves Commission provides the patrons of the Denton Public Library the opportunity to borrow materials directly from the partmlpatmg TexShare hbranes throughout the State of Texas The goal of the program Is to promote and facilitate access to reformation, commtmmatmns, and research among Texas hbrar~es by extending free reciprocal borrowing pnvfleges, to each other's patrons P. eg~stered users must obtain a TexShare Card from their home restitution before they are able to check out materials from other part~mpatmg hhranes Denton library patrons will benefit from this agreement by having direct personal access to materials ,that are not available in the Denton Pubhc L~hrary System Materials of a lughly techmcal or specialized nature will become more readily accessible to all Denton Pubhc L~hrary cardholders as a result of th~s agreement Denton cardholders in good standing are issued a TexShare card by the Denton Public Library wluch is honored at 163 partmlpatlng hbranes m Texas This wide spread access to the wealth of mformatmnal resources which ex~st In the state will strengther~ the intellectual vltahty of the res]dents and contnbute to the sustmnabfllty of Denton's economy and envlronmant This agreement is for privileges that may be revoked at any t~me by the borrower's home library or be withheld by the Denton Public Library The Denton Pubhc Library will extend free borrowing pnwleges at the mmn and branch hhrar~es to the patrons of participating public and academic hhranes who have been issued TexShare cards by their home library These guest patrons will have access to the collections of the mmn and hranc~h hbranes thus increasing circulation, hbrary visits, and m-house use of the collectmn TexShare cards are valid for no longer than one year from date of issuance by the home hbrary and the Denton Public Library may terminate the partm]pat~on ~n TexShare at any t~me upon not~ce to the State The Denton Public L~brary w~ll reqmre a vahd TexShare card from guest patrons before extending lending pnwleges PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Denton L~brary Board recommends that the Denton Pubhc Library partm~pate in the TexShare Card program as ~t w~ll ~mprove the quahty, dehvery and awareness of hbrary services to better meet customer needs FISCAL INFORMATION There ~s no fiscal ~mpact as a result ofpartm~pat~on ~n this program EXHIBITS 1 TexShare Library Card Program Agreement 2 Resolutmn Respectfully submitted Eva Poole D~rector of L~branes EXHIBIT 1 ~ TEXSHARE LIBRARY CARD PROGRAM IntrodgcUon The TexShare hbranes, adopting a common goal to promote and facd,tate access to ,nformataon, commumcataon, and research among thmr commumtaes, wall extend free reciprocal borrowing pnvdeges to each other's patrons, so they may have d~rect, personal access to materials that are not ava, lable at the home hbrary The covenants hsted below are ~ntended to accomphsh th,s goal Th~s Agreement became effect, ve March 10, 2000 Several points should be emphas,zed before the covenants of this Agreement are set forth The covenants are intended to be rmmmums Any TexShare hbrary ,s free to expand the pnv, leges ,t w, shes to offer, but ,t should not do so m the expectataon that other hbranes wall dtb hkew,se Th, s Agreement ,s not intended to supplant other agreements between or among hbranes, nor ,s ,t intended to be the only agreement of th~s k~nd wh,ch ,s penmtted between or among hbranes of hke interest or common concern It ~s hoped that the on rote pnv,leges extended to a borrower from another hbrary w,11 be as close as poss,ble to the pnwleges the lending hbrary extends to ~ts own borrowers Th,s Agreement should m no way be interpreted as confernng rights on any borrower The agreement ,s for pnwleges that may be revoked at any tame by the borrower's home hbrary or w~thheld by the lending hbrary TKE AGREE/vIENT i SCOPE The hbranes to wh,ch th~s Agreement apphes are the mare and branch hbranes consututing each TexShare hbrary B The md~v,duals to wh, ch th, s Agreement apphes are the patrons of each partac,patang TexShare hbrary C The term patron refers to ,nd, v~duals ,dentahed and/or dehned as such by the,r home hbrary 2 ' PRIVILEGES An ehgable patron of a TexShare hbrary may use the collecuons of any TexShare hbrary on sate, and, upon completaon of the borrower's agreement and wath proper adentlficataon, borrow materials that they may take away w~th them Any mdawdual known to have outstanding charges at has/her home hbrary may be demed the right to participate m the TexShare Card program Partacapatang hbranes have agreed to honor the TexShare card Whale hbranes may amplement thear own pohcaes and procedures for lending to TexShare borrowers, and may set dfffarent lending pohcaes for these categories of users (pubhc, undergraduate student, graduate student, faculty, staff), participants may not estabhsh pohcaes which have the effect of prohabmng use by patrons from any type of TexShare member hbrary (acadermc or pubhc) 3 RESPONSIBILITIES OF BORROWERS Ehg~ble patrons wall A Obtmn and sagn the TexShare Card which constitutes the agreement specifying the privileges and obhgataons assocmted wath partacapauon an the program and agree to comply wath the terms and condmons of parUcapataon set out m the borrower's agreement B Present appropriate adentafieataon as reqmred by thas Agreement and the lending hbrary C Observe the regulataons of the lendang hbrary D Return materials m person or by first class, insured marl w~thm the loan period prescribed by the lendang hbrary E Return materials ammedmtely m person or by a form of priority marl ff recalled by the lendang hbra~ F Pay fines or any other charges assessed by the lending hbra~y, mcludang, but not lm'~ted to, charges recurred as the result of late return, damage, or loss of materials Surrender the TexShare Card to TexShare hbrary staff ff requested 4 i RESPONSIBILITIES OF LIBRARIES A Each hbrary wall mmntaln on the TexShare WEB a current record of pnwleges and hrmtat~ons apphcable to this Agreement, ~ncludang collecuons or types of materials not subject to the borrowing privileges conferred under thas Agreement, so a prospective borrower may become acqumnted with the regulataons of the lending hbrary B Ehg~ble borrowers may request from their home hbrary an authonzed TexShare Card to present as ~dentlficatlon at other TexShare hbranes Libraries may refuse to issue TexShare Cards to borrowers w~th outstanding charges at their home library or outstanding charges at any other TexShare hbrary C Lending hbranes w~ll take avmlable and appropriate actions, including Umely notlflcatlon to the home hbrary, to recover payment from dehnquent borrowers D Home hbranes will employ avmlable and appropriate means to recover payment from borrowers ff lenchng hbranes are unsuccessful m mcovenng such charges Home hbranes will take appropnate actlon w~th regard to dehnquent borrowers, including suspension of privileges extended under th~s agreement or any other measures deemed appropriate and consistent with local hbrary practice E If lending hbranes fail to receive payment from borrowers for lost or damaged materials, home hbranes will m~mburse lending hbranes for obhgatlons outstanding longer than slx months Reimbursement w~ll cover the cost of matenals only 5 IDENTIFICATION OF ELIGIBLE BORROWERS Identification of patrons ehg~ble for pnwleges under th~s Agreement w~ll be by a TexShare Card The exp~rataon date ~s set by the home hbrary, but ~s not to exceed one year from date of issuance The card will be s~gned by the darector of the home hbrary (or h~s/her designee) and the borrower The lending hbrary may also reqmm other ~dentffication and may ~ssue its own ldenUficat~on card to be used ~n conjunction w~th the TexShare Card Borrowed items lent by the lending hbrary after the expiration date estabhghed by the home hbrary are the respons~bdlty of the lending library 6 LIAISON AND PROBLEM RESOLUTION Each library will appoint a hmson for the TexShare L~brary Card Program Duties of the hmson include promoting the program locally, makdng available cop~es of the program's gmdellnes and other ~nformatmn, lnsunng that the hbrary's pohc~es w~th regard to th~s program are mmntmned on the TexShare Web, mmntmmng a supply of TexShare Cards, adrmnistenng the program at the library, and resolwng md~wdual problems Problems or ~ssues ,of a broader scope should be resolved among hbrary directors or their designees 7 REVfEW AND ASSESSMENT Each l~brary will malntmn, to the extent possible, the following statsst~cs Number of TexShare cards ~ssued, Number of ~tems ¢~rculated to TexShare card ws~tors, Number of TexShare ws~tors registered for borrowing pnwleges, Number and monetary value of lost and damaged materials paid for by borrowers, Number and monetary value of lost and damaged materials poad for by home hbranes Th~s information will be reported annually to TexShare staff who will compile these staUstlcs and ~ssue reports on program use on an annual bas~s Th~s Agreement will be rewewed annually by the appropriate TexShare Working Group This group will make recommendations to TexShare staff on any needed modifications to the program RESOLUTION NO A RESOLUTION ALLOWING THE DENTON PUBLIC LIBRARY TO PARTICIPATE IN THE TEXSHARE LIBRARY CARD PROGRAM WHICH ALLOWS RECIPROCAL BORROWING PRIVILEGES TO THE PATRONS OF THE TEXSHARE LIBRARIES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Texas State Library and Archives Comm~ssion 1s authorized to estabhsh and mtuntmn the Texshare consortium as a resource sharing consomum (Tex Gov't Code § 441 222), and WHEREAS, the Denton Pubhc Library desires to partmlpate in the Texshare Library Card Program whtch allows for the free reciprocal borrowing privileges to the patrons of Texshare Libraries, and WHEREAS, the city council finds that participation in the Texshare Library Card Program serves the public interest to promote and faclhtate access to information, commumcatlon, and research among the commumUes served by Texshare Libraries, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City Council of the City of Denton authorizes the Denton Public Library to participate in the Texshare Library Card Program under the terms and conditions set forth in Exh~bt~ A, which is incorporated by reference as if it was fully set forth here~n SECTION 2 That tlus resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the __ day of ,2001 EULINE BROCK, MAYOR PAGE 1 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTOR1WEY E \DOCS\RES\TSLACTexshare doc PAGE 2 EXHIBIT A TEXSHARE LIBRARY CARD PROGRAM Introducaon The TexShare hbranes, adopting a common goal to promote and facdltate access to mformatlon, communication, and research among their communmes, wdl extend free reciprocal borrowing pnvdeges to each other's patrons, so they may have direct, personal access to materials that are not avadable at the home hbrary The covenants hsted below are intended to accomphsh th~s goal Th~s Agreement became effective March 10, 2000 Several points should be emphasized before the covenants of th~s Agreement are set forth The covenants are ~ntended to be rmmmums Any TexShare hbrary ~s free to expand the pnvdeges ~t wishes to offer, but ~t should not do so m the expectaUon that other hbranes w~ll do hkew~se This Agreement ~s not intended to supplant other agreements between or among hbranes, nor is ~t intended to be the only agreement of th~s land which ~s perrmtted between or among hbranes of hke interest or common concern It ~s hoped that the on s~te pnvdeges extended to a borrower from another hbrary w~ll be as close as possible to the pnvdeges the lenchng hbraiy extends to ~ts own borrowers Th~s Agreement should m no way be interpreted as confernng rights on any borrower The agreement m for pnv~leges that may be revoked at any time by the borrower's home hbrary or withheld by the lending hbrary THE AGREEMENT 1 SCOPE The hbranes to which th~s Agreement apphes are the mmn and branch hbranes constituting each TexShare hbrary B The mchv~duals to which th~s Agreement applies are the patrons of each participating TexShare hbrary C The term patron refers to individuals ~dentlfled and/or defined as such by their home hbrary 2 PRIVILEGES An eligible patron of a TexShare library may use the collections of any TexShare library on site, and, upon completion of the borrower's agreement and with proper identification, borrow materials that they may take away with them Any individual known to have outstanding charges at his/her home library may be denied the right to participate ~n the TexShare Card program Participating hbranes have agreed to honor the TexShare card While hbranes may ~mplement their own policies and procedures for lending to TexShare borrowers, and may set different lending policies for these categories of users (public, undergraduate student, graduate student, faculty, staff), participants may not establish policies which have the effect of prohibiting use by patrons from any type of TexShare member hbrary (acadermc or public) 3 RESPONSIBILITIES OF BORROWERS Eligible patrons will A Obtmn and sign the TexShare Card which constltutes the agreement specifying the privileges and obligations associated with partlcipanon in the program and agree to comply with the terms and condmons of participation set out in the borrower's agreement B Present appropriate identification as required by this Agreement and the lenchng library C Observe the regulations of the lending library D Return materials in person or by first class, insured mml within the loan period prescribed by the lenchng library E Return materials immediately in person or by a form of priority moal if recalled by the lending library F Pay fines or any other charges assessed by the lending library, ~ncludlng, but not hrmted to, charges recurred as the result of late return, damage, or loss of materials Surrender the TexShare Card to TexShare library staff if requested 4 RESPONSIBILITIES OF LIBRARIES A Each library will malntmn on the TexShare WEB a current record of pr~vdeges and hrmtations applicable to this Agreement, including collections or types of materials not subject to the borrowing pnvdeges conferred under this Agreement, so a prospective borrower may become acqumnted with the regulations of the lending library B Eligible borrowers may request from their home library an authorized TexShare Card to present as identification at other TexShare hbranes Libraries may refuse to issue TexShare Cards to borrowers with outstanding charges at their home library or outstanding charges at any other TexShare library C Lending hbranes will take available and appropriate actions, including timely notification to the home library, to recover payment from delinquent borrowers D Home hbranes will employ avmlable and appropnate means to recover payment from borrowers if lending hbranes are unsuccessful m recovenng such charges Home hbranes will take appropriate action with regard to delinquent borrowers, including suspension of privileges extended under th~s agreement or any other measures deemed appropriate and consistent with local library practice E If lenchng hbranes f0al to receive payment from borrowers for lost or damaged materials, home hbranes will reimburse lending hbranes for obligations outstanding longer than six months Reimbursement will cover the cost of materials only 5 IDENTIFICATION OF ELIGIBLE BORROWERS Identification of patrons eligible for privileges under this Agreement will be by a TexShare Card The expiration date is set by the home library, but is not to exceed one year from date of issuance The card will be signed by the director of the home library (or his/her designee) and the borrower The lending library may also require other ldenufication and may issue its own identification card to be used m conjunction with the TexShare Card Borrowed items lent by the lending library after the expiration date established by the home library are the responsibility of the lending library 6 LIAISON AND PROBLEM RESOLUTION Each library will appoint a hoason for the TexShare Library Card Program Duues of the liaison include promoting the program locally, maPang available copies of the program's gmdehnes and other information, ,nsunng that the library's policies with regard to this program are mamtoaned on the TexShare Web, maintaining a supply of TexShare Cards, adnumstenng the program at the library, and resolving individual problems Problems or issues of a broader scope should be resolved among library directors or their designees 3 7 REVIEW AND ASSESSM~ENT Each hbrary will mmnta~n, to the extent possible, the following staUsUcs Number of TexShare cards ~ssued, Number of ~tems c~rculated to TexShare card ws~tors, Number of TexShare v~s~tors registered for borrow,ng pnwleges, Number and monetary value of lost and damaged materials prod for by borrowers, Number and monetary value of lost and damaged materials prod for by home hbranes Th~s mfonnat~on will be reported annually to TexShare staff who will compile these staustxcs and ~ssue reports on program use on an annual bas;s Th~s Agreement will be rewewed annually by the appropriate TexShare Worlang Group Th~s group will make recommendanons to TexShare staff on any needed mochf~cauons to the program AGENDA INFO~ATION SHEET AGENDA DATE' M~eh 27, 2001 DEP~TMENT: Engmeenng ~ C~DCM/ACM: Dawd Hall, 349-8314 ~ SUBJECT Consider adoptmn of an ordinance approwng a real estate contract between the C~ty of Denton and W E Wllhams, Jr, relattng to the purchase of approximately 0 004 acre of land being located ~n the N H Me~senhe~mer, Abstract No 811 of Denton County, Texas for the U S Highway 77 Project, w~th t~tle vesting m the State of Texas, authorizing the expenditure of funds therefor, and prowding an effechve date (Parcel 44) BACKGROUND W E Wdhams, Jr has executed a real estate contract for the rcqmred right-of-way for the U S Highway 77 W~demng Project The contract amount of $500 00 ~s the mm~mum amount to be offered under TX DOT gmdehnes The actual fair market value for the land and ~mprovements is $307 00 as determined by an independent appraiser and rewewed by a separate appraiser for conformity and as reqmred by the Texas Department of Transportation (TXDOT) The Appraiser and Rewew Appraiser Pro£ess~onal Serwces Contracts were approved by the C~ty Council ~n 1997 OPTIONS Not apphcable RECOMMENDATION Staff recommends approval of the real estate contract between the City of Denton and W E Wdhams, Jr for the purchase of 0 004 acres of land for right-of-way for U S Hwy 77 Widening ProJect ESTIMATED PROJECT SCHEDULE Tx D O T widening project contract lettmg m June, 2001 PRIOR ACTION/REVIEW The Planning & Zomng Commlssmn recommended approval on July 23, 1997 FISCAL INFORMATION The total price breaks down as follows 0 004 acre (187 s f) x $1 50 per square foot ($65,340 per acre) equals $281 00 and, $26 00 for 30 square feet of asphalt pawng equals the total purchase pnce of $307 00 (m~mmum offer ~s $500 00) Closing costs are estimated to be approximately $500 00 ATTACHMENTS ~ Location map ~ S~te Map ~ Planmng & Zomng Commission minutes July 23, 1997 ~ Draft Ordinance ~, Real Estate Contract Prepared By Paul Wflhamson Real Estate & Capital Support Manager ¢ tfully, s tted (~ Acting D~rector Eng~neenng & Transportation 2 NO $~,L~ ~ LOCATION M~ 3 % W.E. WlLLIN~S, ,.IR. VOL. PG. 187 $.F. OE 0.00~- AC. REM.- 1.647 AC. 1997 lVls. Schenz: Am there m~y ot.h~ ~mt~.ttons? If there ~ ~, ~mi~Ho~ ~ ~os~. · ~l~r I ~ ~ ffyou ~ ~e y~ ~ h"~ MY~ ~ favor of ~en 8che~ pl~e ~e yo~ ~ ~"~. ~o~ - 4) ~e ~w ~ir pe~on ~or ~e s~o~ ~o~)n~ we ~ be ~ ~ir pe~o~ ~ Apple: I wo~d ~e ~o nom(n~ Bob Power. ~s. Sche~: ~ ~c~ ~y ~er ~om~n~Uo~ See~ none, ~om~nnUo~ ~ closed ~ ~.ny ~ ~ ~ favor of Bob Power, pl~e ~e yo~ n~t ~d ~o~ - ~e~ b a ~jon~, ~e ~w Vice-Ch~)r pe~o~ ~ bc Bob ~owe~ ~ Co~(der mpp~v~ of ~e m~nutes of ~e )~y ~, lgP7 ~s Sche~: ~e ~c~ ~y co=e~do~? SccM~ none, ~e ~,nut~ w~ ~d a~provcd ~y for U.S. 377 ~m ~.~. 21~ ~ 1-35 ~ Powc~ ~t'~not 377 but ~ ~.~,. ~ Sche~ You ~ co~t. ~t ~e m~ reflect ~t ~ powe~ I wo~d move ~t we ~omme~ to ~e C~V Co~cfl ~e ac~ifion of ~f-Way for US 77 ~m ~ 21~ ~ 1-35 ~ ~7~er Second ~ Sche~: B ~em ~y d2~sion? ~ ~ favor, plebe ~e yo~ fi~t ~n~ Motion V. Comtder ~n~ ~om~on m ~e C~V Co~fl for ~ ~mon of ~ ~f- Way for ~ew BogeyS. ~. Power: I move ~iwe m~ ~om~fion ~ ~ C~V C~ for ~ ~i~on ORDINANCE NO AN ORDINANCE APPROVING A ILEAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND WE WILLIAMS, JR RELATING TO THE PURCHASE OF APPROXIMATELY 0004 ACRE OF LAND BEING LOCATED IN THE NH MEISENHBIMER, ABSTRACT NO 811 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY ?? PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (PARCEL 44) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authonzed to execute a Real Estate Contract between the City of Denton and W E WHhams, Jr in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of approximately 0 004 acre of land for the U S Highway 77 ProJect, with title vesting in ,the State of Texas S_._P~_T_ION 2 The City Manager, or his designee, is anthonzed to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ., 2001 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 6 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY,OF DENTON THIS CONTRACT OF SALE xs made by and between W E WILLIAMS, J~ (herexnafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule mun~cxpal~ty, of Denton, Denton County, Texas, (herexnafter referred to as "Purchaser") , upon the terms and cond~tions set forth herein PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described xn Exh~blt "A" attached w=th all r~ghts and appurtenances pertaining to the sa~d property, lncluding any r=ght, t~tle and ~nterest of Seller ~n and to adjacent streets, alleys or r=ghts-of-way (all of such real prop- erty, r~ghts, and appurtenances being hereinafter referred to as the "Property"), together w~th any ~mprovements, f~xtures, and personal property s~tuated on and attached to the Property, for the consideratxon and upon and sub3ect to the terms, prov~slons, and cond=t~ons hereinafter set forth Seller shall pay all cost for the removal, lnstallat~on, construction, re~nstallat~on, reconstruction, labor and materxals for any and/or ~mprovements located w~th~n the property described ~n Exhibit "A" Any ~mprovements not removed by March 31, 2001 shall become property of the C~ty of Denton, Texas PURCHASE PRICE I Amount of Purchase Price The purchase price for the Property shall be the sum of $500 00 2 Payment of Purchase Price The full amount of the Purchase Price shall be payable xn cash at the closxng pURCHASER~ S OBLIGATIONS The obllgat=ons of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of ea0h of the following cond~txons any of which may be waived ~n whole or an part by Purchaser at or prior to the closing I Prelxminar~ T~tle Report W~th~n twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall DISK 5 7 have caused the Tatle Company (hereanafter defaned) to ~ssue a owners polacy commatment (the -Commitment") accompanaedby copaes of all recorded documents relatang to easements, raghts-of-way, etc , affecting the Property Purchaser shall gave Seller wratten notace on or before the exparataon of ten (10) days after Purchaser receives the Commatment that the condataon of tatle as set forth an the Commatment as or as not satasfactory In the event Purchaser states the cond~taon of tatle as not satasfactory, Seller shall, at Seller's optaon, promptly undertake to el~manate or modafy all unacceptable matters to the reasonable satasfactaon of Purchaser In the event Seller as unable to do so wathln ten (10) days after receapt of wratten notace, thas Agreement shall thereupon be null and road for all purposes, otherwase, this cond~taon shall be deemed to be acceptable and any ob3ectaon thereto shall be deemed to have been waaved for all purposes 2 Survey Purchaser may, at Purchaser's sole cost and expense, obtaan a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser The survey shall be staked on the ground, and shall show the locataon of all amprovements, haghways, streets, roads, raalroads, ravers, creeks, or other water courses, fences, easements, and raghts-of- way on or ad3acent to the Property, af any, and shall contaan the surveyor's certafacataon that there are no encroachments on the Property and shall set forth the number of total acres comprasang the Property, together wath a metes and bounds descraptaon thereof Purchaser wall have ten (10) days after receapt of the survey to review and approve the survey In the event the survey Ks unacceptable, then Purchaser shall wath~n the ten (10) day peraod, gave Seller wratten notace of thas fact Seller shall, at Seller's optaon, promptly undertake to el~manate or modafy the unacceptable portaons of the survey to the reasonable satasfactaon of Purchaser In the event Seller as unable to do so wathan ten (10) days after receapt of wratten not~ce, Purchaser may termanate thas Agreement, and the Agreement shall thereupon be null and voad for all purposes and the Escrow Deposat shall be returned by the Tatle Company to Purchaser Purchaser's failure to give Seller thas wratten not~ce shall be deemed to be Purchaser's acceptance of the survey 3 Seller's Com~laance Seller shall have performed, ob- served, and complaed with all of the covenants, agreements, and condat=ons required by thas Agreement to be performed, observed, and complaed wath by Seller prior to or as of the closang PAGE 2 8 REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representataons and warrantaes shall be deemed made by' Seller to Purchaser also as of the closing date I There are no partaes an possessaon of any portaon of the Property as lessees, tenants at sufferance, trespassers or other parties. 2 Except for the praor actions of Purchaser, there as no pendang or threatened condemnataon or s~mllar proceeding or assessment or suat, affectang tatle to the Property, or any part thereof, nor to the best knowledge and belaef of Seller as any such proceeding or assessment contemplated by any governmental authority 3 Seller has complaed wath all appllcsble laws, ordanances, regulataons, statutes, rules and restrictions relating to the Property, or any part thereof 4 To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property Such toxic or hazardous wastes or materials include, but are not lamlted to, hazardous materials or wastes as same are defaned by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensave Envaronmental Response Compensation and Llabll=ty Act (CERCLA), as amended CLOSING The closing shall be held at the office of First Ameracan Tatle Company on or before Apral 30, 2001, or at such title company, tame, date, and place as Seller and Purchaser may mutually agree upon (whach date as herein referred to as the "closing date") CLOSING REQUIREMENTS i Seller's Re~uarements At the closing Seller shall A Deliver to State of Texas, acting by and through the Texas Transportataon Commission a duly executed and acknowledged Deed an the form as attached hereto as Exhabat "B" conveyang good and marketable title to all of the Property, free and clear of any and all laens, encumbrances, condltaons, easements, assessments, and restractaons, except for the following PAGE 3 9 i General real estate taxes for the year of closing and subsequent years not yet due and payable, 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of, and 3 Any except=ons approved by Purchaser ~n writing B Deliver to Purchaser a Texas Owner's Policy of T~tle Insurance at Purchaser's sole expense, ~ssued by F~rst American T~tle Company, Denton, Texas, (the "T~tle Company"), or such t~tle company as Seller and Purchaser may mutually agree upon, in Purchaser's favor =n the full amount of the purchase price, insuring fee s~mple t~tle for the State of Texas to the Property sub3ect only to those t~tle exceptions lasted ~n Clos~n~ Requirements hereof, such other exceptions as may be approved ~n writing by Purchaser, and the standard printed exceptions contained ~n the usual form of Texas Owner's Policy of T~tle Insurance, provided, however I The boundary and survey exceptions shall be deleted ~f required by Purchaser and ~f so requ=red, the costs associated w~th same shall be borne by Purchaser, 2 The exception as to restrictive cove- nants shall be endorsed "None of Record", 3 The exception for taxes shall be l~mlted to the year of closing and shall be endorsed "Not Yet Due and Payable'~, and 4 The exception as to l=ens encumbering the Property shall be endorsed "None of Record" C Del~ver to Purchaser possession of the Property on the day of closing 2 Purchaser's Re~ulrements Purchaser shall pay the consideration as referenced in the "Purchase Price" section of th~s contract at Clos=ng in ~mmedlately available funds 3 Closing Costs Seller shall pay all taxes assessed by PAGE 4 l0 any tax collection authority through the date of Closang All other oosts and expenses of closing an consummating the sale and purchase of the Property not specifically allocated herean shall be paid by Purchaser and Seller, except for Seller's attorney fees REAL ESTATE CO~ISSION All obl=gatlons of the Seller and Purchaser for payment of brokers' fees are contaaned ~n separate written agreements BREACH BY SELLER In the event Seller shall faal to fully and t=mely perform any of ~ts oblagat~ons hereunder or shall faal to consummate the sale of the Property except Purchaserts default, Purchaser may e~ther enforce specific performance of thas Agreement or terminate thas Agreement by written not~ce delavered to seller BREACH BY PURCHASER In the event Purchaser should fa~l to consummate the purchase of the Property, the condataons to Purchaserts oblagatlons set forth in PURCHASER'S OBLIGATIONS havang been satasf~ed and Purchaser beang ~n default Seller may eather enforce specaf~c performance of thas Agreement, or te=m~nate thas Agreement by written notace delivered to purchaser MISCELLANEOUS I Ass=gnment of A~reement Thas Agreement may be assigned by Purchaser wathout the express written consent of Seller 2 Survival of Covenants Any of the representations, war- rantaes, covenants, and agreements of the part~es, as well as any r~ghts~ and benefats of the partaes, pertaan~ng to a per~od of tame following the closing of the transactaons contemplated hereby~ shall survive the closing and shall not be merged therean 3 Not~ce Any notace requ=red or permatted to be del=vered hereunder shall be deemed received when sent by Unated States ma~l, ,postage prepaid, certified ma~l, return receipt requested, addreslsed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party PAGE 5 4 Texas Law to Apply This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable an Denton County, Texas. 5 Part~es Bound Th~s Agreement shall be b~ndang upon and ~nure to the benefit of the partaes and thelr respectave helrs, executors, admln~strators, legal representatives, successors and assigns where perm=ttedby th~s Agreement 6 Le~al Construction In case any one or more of the pro- vas~ons contained an th~s Agreement shall for any reason be held to be invalid, illegal, or unenforceable an any respect, said valldaty, Illegality, or unenforceabllaty shall not affect any other prov~slon hereof, and thas Agreement shall be construed as af the ~nval~d, ~llegal, or unenforceable prov~saon had never been contaaned herean 7 Prior A~reements Superseded Thas Agreement constatutes the sole and only agreement of the partaes and supersedes any prior understandangs or written or oral agreements between the part~es respectlng the wlthan sub3ect matter 8 Tame of Essence T~me as of the essence an thas Agreement 9 Gender Words of any gender used an thas Agreement shall be held and construed to include any other gender, and words the singular number shall be held to anclude the plural, and vace versa, unless the context requares otherwase 10 Memorandum of Contract Upon request of eather party, both part~es shall promptly execute a memorandum of thas Agreement suitable for f~l=ng of record 11 Compl=ance In accordance wath the requirements of the Texas Real Estate Lacense Act, Purchaser Ks hereby advased that at should be furn=shed with or obtaan a polacy of t~tle ansurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selectaon 12 Tame L~mat In the event a fully executed copy of th~s Agreement has not been returned to Purchaser wathan ten (10) days after,Purchaser executes th~s Agreement and delayers same to Sel- ler, Purchaser shall have the r~ght to termanate thas Agreement upon written not=ce to Seller PAGE 6 DATED thas day of , 2001 SELLER PURCHASER THE CITY OF DENTON, TEXAS BY W E WILLIAMS, JR Machael W Jez CatyManager 215 E McKanney Denton, Texas 76201 APPROVED AS TO FORM CITY ATTORNEY, STATE OF TEXAS CITY~~OF DE h, T S COUNTY OF DENTON p,y ~~ Th~s ~nstrument as acknowledged before me, on tV day of , 2001 by Michael W Jez, C~ty Manager, of the Caty of Denton, a munacapal cor~orataon, known to me to be the person and off acer whose name ~s subscribed to the foregoing anstrument and acknowledged to me that the same was the act of the sa~d Caty of Denton, Texas, a munac~pal corporation, that he was duly authorazed to perform the same by appropriate ordinance of the C~ty Ccuncal of the City of Denton and that he executed the same as the act of the sa~d City for purposes and consaderatlon there~n expressed, and in the capacity there~n stated Notary Public ~n and for the State of Texas STATE OF TEXAS COUNTY OF DENTON Th=s ~nstrument as acknowledged before me, on th~s day of , 2001 by W E WILLIAMS, JR Notary Publ=c an and for the State of Texas PAGE 7 13 EXHIBIT 'A' County Denton Page 1 of 1 Highway U.S. 77 Project Limits. From !.H. 35 Rev October 11, 1994 , To U.S. 380 CSJ 0195-02- Account FIELD NOTES FOR PARCEL 44 BEING A PARCE). OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO W.E WILLIAMS, JR, RECORDED IN VOLUME 1171, PAGE 895, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), BEING SITUATED IN THE N.H MEISENHEIMER SURVEY, ABSTRACT NO 811, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found 1/2-inch iron rod for the northeast corner of said Third tract, same being a point on the south right of way line of Orr Street, THENCE N 88° OS' 89" W, along the south right of way line of Orr Street and north property hne of said Third tract, a distance iof 108 44 fset to a set 5/8-inch iron rod w~th an aluminum cap, being the POINT OF BEGINNING, smd point being Ion the new east right of way hne of U S 77, (1) THENCE S 44° 06' 22" W, along the new east right of way line of U S 77, a distance of 26 59 feet to a set PK nad with shiner, said point bang on the west hne of said Wilhams tract and on the existing east right of way hne of U S 77, (2) THENCE N' 01 o 22' 33' W, along a hne common to said W)lhams tract and existing east right of way line of U S. 77, a distance of 19 74 feet to a found 1/2-ach iron rod being the northwest corner of sa~d Wllhams tract, same being the northwest corner of said deed's Third Tract, same being a point on the existing east right of way hne of U S 77 and the south right of way hne of Orr Street, (3) THENCE S 88° 03' 45" E, along e line common to ss~d Wdhams tract and south right of way hne of Orr Street, a d~stance of 18 99 feet to the POINT OF BEGINNING, and contalmng 0 004 acre, or 187 square feet of land, more or less EXH'rBI~ "It" T~J Depanm~t of Tran~or~/oa DEED ) } CO~ DF } ~ow ~L ~N BY ~SE P~E~S: of the County of , Sta~ of Texas, beremafler refen'ed to as (]fanta's, whether one or mom, for and in consldcrsnon of the stun of Doilan ($ ) to Gramors in hand raid by the State of Texas, a~ung by and throuih the Texas Trunsponanon Cornmtss~on, recezp~ of which is' he/el~y acknowledied, and for wh/ch n.o lien is retained, either expressed or implied.: .have this day Sold and by thasep~sents do (]rant, Bar, am, Sell and Convey unto the Stae of Texas all mat ce. nam Wac~ or p..ar~., of land in County, Texas, m.o.~ pamcularly descn'oed m Bx- lubu "A," Which ~ attached hereto and mcorpor',ued hereto for uny aha au purposes SAVE and[ EXCEPT, HOWEVER, it/a expressly understood and. agreed tha~ (]ranters a~. retaining utle to th= fbllowmg m~provcrm~,~s located on the pwpeny d~cnbed m smd F_.xtub~t "A," to va,- Grantors covenant and a~ee to remove the above.dascribed unpwvemants from sad land by the day of ,19..~, subject, however, to such extensions ofume as may be granted by the State m writing, and If, for any reason, Grantors fail or. refuse to remove same wi?un said penod of Umc prescribed, then, vathout any further considerat~on, the title to all or any pan ox SUCh unprovemcnts not so removed sb~!! pa~s to and vest In the Stale of Texas forever Grantors res.eryc all of the oil, ga~ and sulphur in and under the land here. m conveyed but waive .all ngh~ of regress a~t egress to the, ,mrfac~ the,~of for the purpose,of ex~lor~, g, d!..v, aioi~mg, same; however, nottung m th~ reservauon shall affect the title and ngn~ o~ me .~tate to ta~e ana use a~ other mmer/h and matenals thereon, therein and the~tmder 15 Texas Depamnent of Tnm~or~tion l%tm D-15,14 Pago2of3, Roy 9~I TO ~ ~ TO HOLD ~e pm~es h~ ~s~d ~d helm conveyed tog~r wi~ ~ ~d ~ ~e ~ts ~d a~e~ ~to ~ ~y w~e ~lon~g ~to ~e ~te ofT~ ~d 1~ ~ve~ ~d O~ton do he.by b~d o~v~, ~ he~, exe~ton, ~ton, successon ~d ~- ~e~ to ~t ~d For~ D~d ~ ~d s~ ~e s~ p~es h~em conveyed ~to ~e Stye of x~ ~ i~ ~s~ ag~t ev~ ~on who~v~ h~y clog or to d~ ~ s~ or ~y p~ ~e~of ~ ~SS WHEREOF~ ~ ~ent h ~e~ted on ~ ~e day of ,19 . ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF } BP. NOlLE lYrE, the undersigned, a Notary Public, on ~ day pe~onaily appeared , known to me (or proved to me on the osth of , a cre~ble w~mess,) to be the person(s) whose ~ame(s) is 0ue) subscribed to ~he foregoing ~rae~ and acl~owledged to me tha~ he/she/they executed the same for the lmrpose~ and cons~dera~on ~orem e~tessed GIVEN UNDER MY HAND AND SI/AL O1= O~IC~, tbs day of ,19 Notary Pubhc, St~ue of T~xas My Commission ex~u~ m the day of ,19 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF } BEFORE 1V~, the undersigned, a Notnty Public, on ~ day personally appea~ed of , known tO me to be thelperson and officer whose name is subsc~bed to ~e foregoing msmunent nad acknowledged to me that the same was the act of the said , a corporauon, that he/she was duly anthonzed to perform the same by appmpflate ~esoluuon of the board of du~ctors of suc~ cotporar, on and that he/she executed the,same ns the act ofanch corporstton for the purposes and cuns~dera~on thereto expressed, and in the capacity thereto stated. GIVEN' UNDER MY HAND AND SEAL OF O~-~ICE, this . day of ,19 Notary ~ubhc, State of Texas My Commission exph~ on the , day of ,19 Texas Depa.-lment o~ Tran~omtion Porm D-I.~-I4 Page3of'~ l~ev 9/91 After recording please return this instrument to: CERTIFICATE OF RECORDING THE STATE OF TEXAS, } COUNTY OF 17 AGENDA INFORMATION SHEET AGENDA DATE' March 27, 2001 DEPARTMENT: Engineering CM_/DCM/ACM: David Hill, 349-8314.-'~ SUBJECT Consider adoption of an ordinance approving a real estate contract between the City of Denton and Galatyn Park Corporation, relating to the purchase of approximately 0 439 acre of land and 1 523 acres of land both being located in the Alexander White Survey, Abstract No 1406 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 (Parcels ~ an d 3) BACKGROUND Don Dillard, Vice President, Galatyn Park Corporation has executed a real estate contract for the required right-of-way for the U S Highway 77 Widening Project The contract amount of $48,517 60 represents the fair market value as determined by an independent appraiser and reviewed by a separate appraiser for conformity and as required by the Texas Department of Transportation (TXDOT) The Appraiser and Review Appraiser Professional Services Contracts were approx ed by thc City Council in 1997 OPTIONS Not applicable RECOMMENDATION Staff recommends approval of thc real estate contract between the City of Denton and Galatyn Park Corporatton for the purchase of 0 439 acres of land and 1 523 acres of land for right-of-way for U S Hwy 77 Widening Project ESTIMATED PROJECT SCHEDULE Tx D O T widening project contract letting in June, 2001 PRIOR ACTION/REVIEW The Planning & Zomng Commission recommended approval on July 23, 1997 FISCAL INFORMATION The total price breaks down as follows 0 439 acre (19,143 s f) x $1 00 per square foot ($43,560 per acre) equals $19,150 00 (rounded) and, 1 523 acres (66,342 s f) x 34¢ per square foot ($15,000 per acre) equals $22,850 00 (rounded) and, $6,517 60 for fence replacement equals a total purchase price of $48,517 60 Closing costs are estimated to be approximately $1,000 00 ATTACHMI~NTS ~, Location map ~' S~te Map ~ Planning & Zoning Commission minutes July 23, 1997 } Draft Ordinance ~' Real Estate Contract Prepared By Paul Wllhamson Real Estate & Capital Support Manager Respectfully submitted Dawd Salm~)~- Acting Director Engineering & Transportation LOCATION MAP PARCEL 1 SITE MAP PARCEL 3 SITE MAP pl~,~tn~ ~n~ Zoning Minutes luly 23, 1997 Page 12 Ms. $chcnz: Are thcr~ any other nom~,~Hons? If there aze non~, nomk~ons aze dosed. We will yom on ~ nomh~cs in the oi,i~r of their nom~n~tion. I ~ li~ thetr nauru ~,~ then after I am through tfyou will rahe your righI hand if you ar~ in favor. As ,,~,n¥ as a~e in favor of lira EngelbrechI please raise your righI _~I, Ofo~ - 9) As ~,~y a~ are in favor of l~Icn $cherlz please raise your righI hand. (Vo~e - 4) The new ~ir person by majority b Ell n Sc, hertz, you. For the second no,~;,~ we Gill be elecling Vicc-C'b~;r person. The floor is open. Ms Apple: I would like ;to norni,~-~e Bob Powell. Ms $chertz. Are there any fur~cr nornln,nons? Mr Morcno I would nominate Ynn Engelbrechi. Ms $cherlz. Arc there any further nom~n,tzon.sv Seeing none, nominations are closed As ~n,,~y as are in favor of Bob Powell, please raise your fight ~-nd (Vote - 4) Seeing there is a majority, the l~cw Vlce-Cbn~r person un. Il be Bob Powell Congratulations rrr Consider approval of the minutes of thc luly 9, 1997 meeting Ms Schcrtz. Arc there any corrections? Seeing none, the rnmu't~.s will ~d approved as written IV Consider w~l~mg recornrnenclauon to the City Counctl for thc acqu~smon of the Right-of- Way for U S 377 fi'om F.M 2164 ~o 1-35 Mr Powell That's.not 377 but is TT.--~_ Ms $chertz You arc correct ]~ct the ,~,~tcs reflect that Mr Powell I would move that we recommend to the C~ty Council the acq~us~non of Right-of-Way for US 77 f~om Flvl 2164 ~o 1-35 ]VfS G~n~-r Second ~ Schertz I~ there any dtscu~slon? All in favor, plea~ raise your right ~H Moron passes. (7-0) V Consider rn~l~g r~cornrnendafion ~o thc City Council for th~ acqlnsltlon of ~ Right-of- Way for ?~b~vtcw Boulevazd Mr Powell: I mow that' we ~n~t.~_ zecommcndation to thc City Council for tl~ acquisition of tI~ Ri21~-of-Way for Lakev~w Boulevaz~L E \Galatyn Ordinance dot, ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND GALATYN PARK CORPORATION RELATING TO THE PURCHASE OF APPROXIMATE 0 439 ACRES OF LAND AND 1 523 ACRES OF LAND BOTH BEING LOCATED IN THE ALEXANDER WHITE SURVEY, ABSTRACT NO 1406 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 (PARCELS 1 & 3) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract between the City of Denton and Galatyn Park Corporation in substantially the form of the Real Estate Contract whtch is attached to and made a part of thts ordinance for all purposes, for the purchase of approxtmately 0 439 acres of land and 1 523 acres of land for the U S Highway 77 ProJect, wtth tttle vesting tn the State of Texas SECTION 2 The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED th~s the day ot ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 7 Purchase and Sale Agreement Seller GALATYN PARK CORPORATION 1601 Elm Street State 5000 Dallas, Texas 75201 Attention Mr Donald Dillard, Vice President PHONE (214) 922-1065 FAX (214) 922-1060 Purchaser: THE CITY OF DENTON, TEXAS 215 E McKanney Denton, Texas 76201 Attention Michael W Jez PHONE FAX Property Two (2) tracts of land containing apprommately 1 962 acres located ~n Denton, Denton County, Texas, as more particularly ~dentxfied as parcel 1 and parcel 3 on Exhibit A hereto, together with all rights, pnwleges, easements and other appurtenances thereto, xnclud~ng, w~thout hm~tatmn, water, water rights, and development rights related thereto Title Company Texas Tttle Company 2215 South Loop 288 State 320 Denton, Texas 76205 Closing Date On or before March 30, 200 I, or on such other date as the Parties may agree T~e City of Denton, Texas Considerat~on The consideration for the transactions contemplated hereby wall be the sum of the following (1) $42,000 00 as payment for the Property, and (u) $6,517 60 as reimbursement to Seller for expenses to be ~ncurred by Seller in connection with the removal and retnstallat~on of Seller's fences 1 Sale and Purchase Seller agrees to sell, and Purchaser agrees to purchase, the Property as provided m this Agreement 2 Title, Survey and Tax Certificates Within twenty (20) days after the date ofth~s Agreement, Seller, at ~ts expense, shall dehver to Purchaser (a) a current commitment for title ~nsurance for the Property, from the Title Company setting forth the state of title to the Property together with any easements or restrictions (existing or created pursuant hereto) benefiting the Property, together w~th all exceptions or conditions to such title, (b) legible copies of all documents referenced ~n the title commitment, (c) a current Survey (plat and field notes) of the Property, certffied to Purchaser and Title Company, complying w~th the standards for a Texas Somety of Professional Surveyors Category 1 A, Condition H survey, reflecting the number of square feet area ~n the Property, and (d) tax statements for the current and the lmmedmte preceding years 3 Review of Title and Survey. Purchaser shall have ten (10) days after the receipt of all ~tems spemfied in Paragraph No 2 by winch to not~fy Seller in writing of any objectmns Pumhaser has to any matters shown or referred to in the t~tle commitment, the documents referred to in the commitment, or on the Survey Any title encumbrances, exceptions or other matters wtuch are set forth in the title commitment, the document referred to in the commitment, or on the Survey, and to wluch Purchaser does not obJeCt within the Inspection Period, shall be deemed to be permitted exceptions to the status of Seller's t~tle (the "Permitted Exceptmns") 4 Objections to Status of Title and Survey If Purchaser objects to any item shown or referred to ~n the title commitment, or Survey within the period spemfied m Paragraph No 3, Seller shall be given until the end of such period (the "Cure Period") to cure, at Seller's option and sole d~scret~on, but without any obhgatlon to do so, any objection to the condition of title rinsed by Purchaser If Seller ~s either unable to cure such obi ections wltinn the Cure Period, or chooses not to do so, Purchaser may, at Its option exercisable through the Closing Date either (x) accept such t~tle as Seller can deliver, in which case all exceptions to t~tle set forth ~n the T~tle Commitment, documents referred to ~n the commitment and Survey winch are not removed shall be deemed to be Permitted Exceptions, or (y) terminate tlus Agreement by notice ~n writing to Seller ~n winch event neither party shall have any further rights, duties or obhgat~ons hereunder, except as otherwise provided in paragraph 5 hereof In the event Purchaser fails to notify Seller, within such period, that Purchaser has elected to proceed under either subpart (x) or (y) of the immediately preceding The Cay of Denton, Texas sentence, Purchaser shall be deemed to have elected to proceed under subpart (x), and tlus Agreemen~ shall remain In full fome and effect 5 Closln~ TheclosmgofthesaleofthePropertyshalloccurat9am on the Closmg Date therefor at the Title Company At the closing, (a) Seller shall deliver to Purchaser (1) a special warranty deed conveying Indefeasible title to the Property to Purchaser subject only to such exceptions as Purchaser approved dunng ~ts examination of the title commitment and survey, and in any event free of all liens, (2) a Texas owners policy of title insurance (or equivalent) in the amount oflthat portion of, with such endorsements as Purchaser may reasonably request, lnsunng such title in Purchaser, (3) a certificate complying with the Internal Revenue Code that Seller is not a foreign person, and (4) possession of the Property, free of parties in possession and in the same condition as on the date of this Agreement, and Co) Purchaser shall deliver to Seller the Consideration attributable to the Property, therefor in cash or immediately available funds, adjusted as provided below Ad valorem taxes, assessments, and any other charges against the Property acquired shall be prorated at closing, based on prior years taxes, Seller being charged for the same through the Closing Date and Purchaser being responsible thereafter Notwithstanding the foregoing, if Seller or Seller's predecessors in title have claimed any partial or total exemption from taxation of the Property based upon agricultural or open space use or any other use ~vhich may affect such partial or total exemption or ~f any taxes or assessments are imposed or proposed against or related to the Property after the Closing due to the termination of an exemption or for any other reason and wtuch apply to or are based, calculated or assessed in some manner on periods prior to the Closing, such taxes accruing for periods prior to the Date of Closing which would be or are occasioned by Purchaser's development or change of use of the Property shall be prod by Seller to the Purchaser at the time such tax is billed by the appropriate taxing authority for payment of the aforementioned taxes Seller's obligation to pay such additional taxes shall survive Closing Seller hereby agrees to pay and be responsible for the following Closing costs 0) the cost of all tax certificates relating to all taxes and other assessments incurred or arising in relation to the Property, (it) all fees and premiums for the Survey and Title Binder, (m) one-half (1/2) of the Title Company's escrow fees, (iv) all costs and expenses ~ncurred by or on behalf of Seller including Seller's attorney's fees, (v) such other lnmdental costs and fees customarily prod by sellers of property in Denton County, Texas in transactions of a similar nature to the transaction contemplated herein Thc C~t-/of Denton, Texas 10 Purchaser hereby agrees to pay and be responsible for the following Closing costs O) one-half (1/2) of the Title Company's escrow fees, (n) all costs and expenses incurred by or on behalf of Purchaser, including Purchaser's attorney's fees, (iii) all fees and premiums for the Owner's Title Pohc~, and Ov) such other incidental costs and fees customarily prod by purchasers of property in Denton County, Texas on transactions of a similar nature to the transaction contemplated herein 6 Representations and Warranties of Purchaser:, Purchaser and each of the persons executing this Contract on ~ts behalf represents and warrants to Seller as of the date hereof and as of the Closing Date as follows (which representations and warranties shall survive the Closing) 0) Purchaser has full right and authority to enter into this Contract and to consummate the transactions contemplated herein, (ii) each of the persons executing this Contract on behalf of Purchaser is authorized to do so, and tbas Contract constitutes a valid and legally binding obhgatmn of Purchaser, enforceable in accordance with its terms 7 Representations and Warranties of Seller. Seller and each of the persons executing ttus Contract on its behalf represents and warrants to Purchaser as of the date hereof and as of the Closing Date as follows (which representations and warranties shall survive the Closing) that to the current actual knowledge of Seller 0) Seller is corporation duly organized and in good standing under the laws of the State of Delaware The execution and dchvcry of this Contract bY the signatories hereto on behalf of Seller and the performance oft his Contract by Seller have been duly authorized by Seller, and this Contract is binding on Seller and enforceable against Seller in accordance with its terms, 00 There is no suit, action, legal or other proceeding pending, or threatened, which affects the Property, (m) Seller has not received any not,ce whatsoever that the locatxon, construction, occupancy, operation or use of the Property violate any applicable law, statute, ordinance, rule, regulation, order or determination or any governmental authority or any board of fire underwriters (or other body exercising similar functions), or any restrictive covenant or deed restriction or zoning ordinance or classification affecting the Property, including, without limitation, all apphcable building codes, flood d~saster laws and health and federal and state environmental laws and regulations Except as The C~ty oflDcnton, Texas 11 set forth on Schedule One, Seller is not aware of any hazardous substances being located at the Property or of the Property, or any part thereof, being in violation of any federal or state environmental laws, and 0v) Except as set forth on Schedule One, Seller has not received any notice of any condemnation or similar proceedings having been instituted or threatened against the Property or any part thereof nor is any such proceeding threatened or contemplated of which Seller has not received formal not,ce The representations and warranties made by Seller in flus Contract or m any document executed in connection herewith shall survlve the closing and delivery of the deed and other closing documents by Seller to Purchaser, and shall not be deemed to have merged therewith for a period of six (6) months If, after the Closing, Purchaser becomes aware of any misrepresentations or breaches of warranties of Seller contained in ttus Contract or in any document executed m connection herewith, then 0) Purchaser must give written notice of such misrepresentation or breaches of warranties to Seller on or before the expiration of six (6) months after the Closing, such written notice to state the nature of such misrepresentations or breaches of warranties, (n) any suit by Purchaser for any nusrepresentatlons or breaches of warranties by Seller must be filed on or before one (1) year after the Closing or shall be fore~er barred, and (iii) Purchaser's remedies for such misrepresentations or breaches of warranties shall be limited to the actual damages incurred by Purchaser as a result of such misrepresentations or breaches of warranties but in no event exceeding the net sales proceeds actually received by Seller as a result of the sale of the property Purchaser shall not be entitled to any consequential, speculative or putative damages as a result of any misrepresentations or breaches of warrant~es by Seller contained herein or any documents executed in connection herewith 8 NO OTHER REPRESENTATIONS OR WARRANTIES OF SELLER, PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, AND SELLER HEREBY SPECIFICALLY DISCLAIMS, ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING, (a) THE NATURE AND CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, AND THE SUITABILITY THEREOF AND OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH pURCHASER MAY ELECT TO CONDUCT THEREON, (b) THE EXISTENCE, NATURE AND EXTENT OF ANY RIGHT-OF-WAY, LEASE, RIGHT TO POSSESSION OR USE, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONDITION OR OTHER MATTER AFFECTING TITLE TO THE PROPERTY, OR (c) WHETHER THE USE OR OPERATION OF THE PROPERTY COMPLIES WITH ANY AND ALL LAWS, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER REGULATORY BODY PURCHASER AGREES TO ACCEPT THE PROPERTY AND ACKNOWLEDGES THAT THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE BY SELLER, ON AN "AS IS, WHERE IS, The C~ty of Denton, Texas 12 AND WITH ALL FAULTS" BASIS PURCHASER EXPRESSLY ACKNOWLEDGES THAT EXCEPT1 AS OTHERWISE EXPRESSLY SPECIFIED HEREIN AND EXCEPT FOR ANY WARRANTY OR TITLE CONTAINED IN THE SPECIAL WARRANTY DEED TO BE DELIVERED BY SELLER TO PURCHASER AT CLOSING, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE WITH RESPECT TO THE PROPERTY PURCHASER ACKNOWLEDGES THAT PURCHASER IS NOT RELYING ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER REGARDING THE PROPERTY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN FURTHER, AND WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION OF THIS CONTRACT, SELLER HAS MADE AND MAKES NO REPRESENTATION, WARRANTY OR GUARANTY, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, ' WITH RESPECT TO THE PRESENCE OR DISPOSAL ON OR BENEATH THE PROPERTY (OR ANY PARCEL IN PROXIMITY THERETO) OF HAZARDOUS SUBSTANCES OR MATERIALS WHICH ARE CATEGORIZED AS HAZARDOUS OR TOXIC UNDER ANY LOCAL, STATE OR FEDERAL LAW, STATUTE, ORDINANCE, RULE OR REGULATION PERTAINING TO ENVIRONMENTAL OR SUBSTANCE REGULATION, CONTAMINATION, CLEANUP OR DISCLOSURE (INCLUDING ASBESTOS) AND SHALL HAVE NO LIABILITY TO PURCHASER THEREFOR BY ACCEPTANCE OF THIS AGREEMENT AND THE SPECIAL WARRANTY DEED TO BE DELIVERED BY SELLER AT THE CLOSING, ' 'S PURCHASER ACKNOWLEDGES THAT PURCHASER OPPORTUNITY FOR INSPECTION AND INVESTIGATION OF THE PROPERTY (AND OTHER PARCELS IN PROXIMITY THERETO) WILL BE ADEQUATE TO ENABLE PURCHASER TO MAKE PURCHASER'S OWN DETERMINATION WITH RESPECT TO THE PRESENCE OR DISPOSAL ON OR BENEATH THE PROPERTY (AND OTHER PARCELS IN PROXIMITY THERETO) OF SUCH HAZARDOUS SUBSTANCES OR MATERIALS, AND pURCHASER ACCEPTS THE RISK OF THE PRESENCE OR DISPOSAL OF ANY SUCH SUBSTANCES OR MATERIALS PURCHASER, AND ANYONE CLAIMING, BY, THROUGH OR UNDER PURCHASER, HEREBY FULLY RELEASES, DISCHARGES, AND HOLDS HARMLESS SELLER, ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATiVES AND AGENTS, AND THEIR RESPECTiVE PERSONAL REPRESENTATiVES, HEIRS, SUCCESSORS AND ASSIGNS FROM ANY COST, LOSS, LIABILITY, DAMAGE, EXPENSE, DEMAND, ACTION OR CAUSE OF ACTION ARISING FROM OR RELATED TO ANY ERRORS, OMISSION, OR OTHER CONDITIONS AFFECTING THE PROPERTY PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT THIS RELEASE SHALL BE GIVEN FULL FORCE AND EFFECT ACCORDING TO EACH OF 1TS EXPRESSED TERMS The Ctty of Denton, Texas 13 AND PROVISIONS, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO UNKNO'~gN AND SUSPECTED CLAIMS, DAMAGES AND CAUSES OF ACTION THIS COVENfiNT RELEASING SELLER SHALL BE BINDING UPON PURCHASER, ITS PERSONAL REPRESENTATIVES, HEIRS, SUCCESSORS AND ASSIGNS THIS WAIVER AND RELEASE OF CLAIMS SHALL SURVIVE THE CLOSING 9 Conditions to Purchaser's Obligations Purchaser's obligation under this Agreement to purchase the Property as subject to the fulfillment of each of the following conditions (any or all of which may be waived by Purchaser) (a) Seller shall be ready, willing and able to deliver title to the Property an accordance with the terms and conditions of this contract, (b) Seller shall have delivered all the documents and other items required pursuant to Paragraph No 2, and shall have performed, in all material respects, all other covenants, undertakings and obligations, and complied with all conditions required by thas Agreement to be performed or compiled with by the Seller at or prior to the Closing, 10 Conditions to Seller's Obhgatlons Seller's obligations under th~s Agreement to sell the Property to Purchaser is subject to the fulfillment of each of the following condmons (all or any of which may be waaved by Seller) (a) The representations and warranties of Purchaser contained herein shall be true, accurate and correct as of the Closing date, (b) Purchaser shall have delivered the funds required hereunder and shall have performed, in ail material requests, all other covenants, undertakings, and obhgat~ons, and comphed with all condmons reqmred by th~s agreement to be performed or complied with by Purchaser at or prior to Closing, 1~1 Risk of Loss Untd the closing in consummated, risk of loss with respect to the Property[shall remain with the Seller If after the Inspection Per~od expires any event occurs which in Purchaser's reasonable determination has a material affect on the Property or Purchaser's intended use thereof, then Purchaser may terminate this Agreement by dehvenng written notice thereof to Seller and the Earnest Money shall be refunded to Purchaser The City of Denton, Te~(a~ 14 12, Remedies If Purchaser defaults, Seller's sole remedy shall be to terminate tins agreement If Seller defaults, Purchaser may terminate this Agreement or Purchaser may enforce specific performance of this contract 13, Notices Notices must be in wnhng to and given at the addresses stated above Not~ce may be g~ven by receipted delivery service, U S mad, or fax and shall be effective upon receipt of the notice at the address or fax number of the addressee 14 Miscellaneous (a) Utilities. Seller assumes no obligation to extend or replace any utd~ties, however, Seller shall provide reasonable staff assistance to Purchaser m coordmahng the provision of utdlt~es as may be necessary to serve the land and other tracts of land within the vicinity of the Land (b) Entirety Ttus Agreement contains the entire agreement of the parhes pcrtmmng to the Property (c) Modifications. Tlus Agreement may only be modified by a written document signed by both parties (d) Brokers. (e) Asslgnment Purchaser may not assign ~ts rights under th~s Agreement to any enhty with the exception of an affihate wholly owned by Purchaser w~thout the express written consent of Seller (f) Time is of the Essence Ttme is of the essence w~th respect to the performance by the Parhes of their respective obhgatmns hereunder (g) Expiration The offer represented hereby shall expire if not accepted by Purchaser fads to execute th~s Agreement and return ~t to Seller on or before 4 00 p m Central Time, Wednesday, February 21,2001 Thc C~ty of Denton, Texas 15 (h) Date The date of flus Agreement shall be the date a fully executed copy hereof, with any changes approved by both partles, ~s deposited w~th the Title Company (0 Non-Business Day If the final date of any period prowded hereto for the performance of an obhgatlon or for the taking of any actmn falls on a Saturday, Sunday, or hohday, then the end of such period shall be extended to the next bus~ness day PURCHASER THE CITY OF DENTON, TEXAS By Name Title Date Executed ., 2001 SELLER GALATYN PARK CORPORATION Nam~ Donald D Dillard T~tle V~ce President Date Executed ., 2001 purchase and Sal~ Agreement The C~ty of Denton, Texas ACKNOWLEDGMENT The undersigned Title Company hereby acknowledges its receipt of an executed copy of ttus Agreement and, further, agrees to comply with and be bound by the terms and provisions of thts Agreement, ~ncludmg, without hm~tatlon, those terms relating to compliance with Section 6045(e) of the Internal Revenue Code of 1986, as amended fi.om time to time, and as further set forth m any Regulatmns or forms promulgated thereunder TEXAS TITLE COMPANY By Date purchase and 8nla ASreernent The City of Denton, Texas 17 EXHIBIT "A" 18 SCHEDULE ONE TO PURCHASE AND SALE AGREEMENT HUNT PETROLEUM CORPORATION, Seller THE CITY OF DENTON, TEXAS, Purchaser 9 (111) Seller has been adwsed that pollution originating from a site owned by a third party might have migrated to the Property Seller installed a momtonng well No remedlat~on or testing program has been ordered 9 (iv) Seller has been advised that the City of Denton ~s desirous of obtaining a twenty foot (20') w~de right-of-way along and adjacent to U S Highway 77 No contract for sale has been entered into and, to the best of Seller's knowledge, no condemnation proceeding has been initiated purchase and Sale A~veer~nt The Ctty of Denton Texas 19 EXHIBIT 'A' County ~enton Page 1 of 1 Highway U.S. 77 Project Limits. From I.H. 35 Rev. Octobsr 26, 1994 To U.S. 380 csd, Account. FIELD NOTES FOR PARCEL 1 BEING A PARCEL OF LAND SITUATED IN A CALLED 52 636-ACRE PARCEL OF LAND (PRESTON TRACT), CONVEYED TO RANCHO VISTA DEVELOPMENT COMPANY, RECORDED IN VOLUME 2695, PAGE 465, DEED RECORDS DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE ALEXANDER WHITE SURVEY, ABSTRACT NO 1406, CITY OF DENTON, DENTON COUNTY, TEXAS, AND SEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference et a found 1/2-Inch iron rod in the south hne of said Preston ~'act and the ex~stmg north right of way line of U S 77 (a variable width right of way) and being the beginning of a circular curve to the left hawng a radius of 513 69 feet, THENCE southeasterly and along the hne common to the ex~stmg north r.ght of way of U S 77 and aa~d Preston tract, a d~stance of 128 43 feet, through a central angle of 14° 19' 30" and hawng a chord which bears S 370 00' 49" E, a d~stance of 128 10 feet to a set 5/8-inch iron rod with an aluminum cap for the POINT OF BEGINNING, also being a point on the new north r~ght of way line of U S 77, (1) THENCE S 68o 12, 52. E, with the new north right of way line of U S 77, a distance of 1167 54 feet to a set 5/8-inch iron rod with an aluminum cap in the east hne of sa~d Preston tract and the west I~ne of e called 109.30-acre parcel of land conveyed to George Hopkins, Trustee and recorded in Volume 3003, Page 620, DRDCT, (2) THENCE S 00° 40' 28' W, along the east I~ne of sa~d Preston tract and west hne of sa~d Hopkins tract, a d~stance of 21 90 feet to a found 1/2-tach ~ron rod for the southeast corner of sa~d Preston tract in the ex~st~ng north right of way hne of U S 77, (3) THENCE N 58° 01' 46" W, along the south hne of sa~d Preston tract and the ex~st.ng north right of way line of U S 77, a d~stance of 1054 47 feet to a found 1/2-tach ~ron rod at the begmmng of a c~rcular curve to the right hawng a radius of 513 69 feet, (4) THENCE continuing along sa~d hne and along the arc of sa~d curve to the right, a d~stance of 125.65 feet, through a central angle of 14o 00' 52' and hawng a chord which bears N 51 o 11 ' 00' W, a d~stance of 125 34 feet to the POINT OF BEGINNING, and conta~mng 0 439 acre, or 19,143 square feet of land, more or less John F Wilder, R P L S Date Texas No 4285 20 EXHIBIT "A" County Denton Page 1 of I Highway ~I.S, 77 Project Limits From I.H. 35 Rev October 26, 1994 To u.s. CSJ 0195-02- Account: RELD NOTES FOR PARCEL 3 BEING A PARCEL OF LAND SITUATED IN A CALLED 109.30-ACRE PARCEL OF LAND CONVEYED TO GEORGE HOPKINS, TRUSTEE, RECORDED IN VOLUME 3003, PAGE 620, DEED RECORDS DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE ALEXANDER WHITE SURVEY, ABSTRACT NO 1406, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found 1/2-Inch Iron rod in the south line of a called 52 636-acre parcel of land (Preston tract), conveyed to Rancho Vista Development Company, aa recorded in Volume 2695, Page 465, DRDCT, and the existing north right of way line of U.S. 77 (a variable width right of way), end being the beginning of a circular curve to the left, having a radius of 513 69 feet, THENCE southeasterly along the line common to said Preston tract and the existing north right of way hne of U S 77 with said curve to the left, a distance of 128 43 feet, through a central angle of 14° 19' 30", and having a chord which bears S 37 o 00' 49' E, a distance of 128 10 feet to a set 5/8-tach iron rod with an aluminum cap, also bmng a point on the new north right of way hne of U.S 77, THENCE S 680 12' 52" E, with the new north right of way line of U S 77, a distance of 1167 54 feet to a set 5/8-tach iron rod with an aluminum cap in the east line of said Preston tract and the west line of said Hopkins tract, and said point being the POINT OF BEGINNING, (1) THENCE S 58° 12' 52' E, with the new north right of way line of U S 77 a distance of 1538 53 feet to a set 5/8-inch iron rod with an aluminum cap in the east line of said Hopkins tract and the west line of a called 125-acre parcel of land conveyed to Barbara Kellum, recorded in Volume 946, Page 263, DRDCT; (2) THENCE S 00° 49' 38' W, along a line common to sa~d Hopl~ns tract and sa~d Kellum tract, a distance of 54 76 feet to a fence corner for the southeast corner of sa~d Hopkans tract, same being the southwest corner of said Kellum tract, and being in the ex~stmg north right of way hne of U.S 77, (3) THENCE N 57° 55' 29' W, along the south hne of said Hopkins tract and the ex~stmg north r;ght of way hne of U S 77, a distance of 1147 16 feet to an angle point, (4) THENCE N 57° 59' 18" W, continuing along aa~d hne, a d;stance of 395 66 feet to the southwest corner of said Hopkins tract, from which a found 1/2-tach iron rod bears S 57° 34' 07" E, a d~stance of 0 85 feet, (5) THENCE N O0° 40' 28" E, pass;ng at 24 34 feet a found 1/2-tach iron rod for the southeast corner of aa;d Preston tract, end cont~nuing along sa~d common hne, in all a d~stance of 46 24 feet to the POINT OF BEGINNING, and contaLning 1 523 acres, or 66,321 square feet of land, more or less Wilder R.P.L S John F , AGENDA INFORMATION SHEET AGENDA DATE: March 27, 2001 DEPARTMENT. Eng~neenng CM/DCM/ACM: Dave H~ll, 349-8314,~t'~ SUBJECT Consider adoption of an ordinance approwng a real estate contract between the C~ty of Denton and Galatyn Park Corporation, relating to the purchase of approxtmately 0 056 acre of land being located m the Alexander Wl~te Survey, Abstract No 1406 and 0 200 acres of land being located m the Alexander White Survey, Abstract No 1406 and m the Nathan Wade Survey, Abstract No 1407 of Denton County, Texas for the U S Highway 77 Project, w~th tttle vesting ~n the State of Texas, authorizing ~e expenditure of lands therefor, and prowd~ng an effective date (Parcel 4, Parts 1 & 2) BACKGRQUND Don D~llard, V~ce President, Galatyn Park Corporation has executed a real estate contract for the reqmred nght-o£-way for the U $ H~ghway 77 W~demng Project The contract amount of $8,367 30 represents the fmr market value as determined by an independent appratser and reviewed by a separate appraiser for conformity and as reqmred by the Texas Department of Transportation (TXDOT) The Apprmser and l~evlew Apprmser Professional Services Contracts were approved by the City Counctl ~n 1997 OPTIONS Not apphcable RECOMM~,NDATION Staff recommends approval of the real estate contract between the C~ty o£ Denton and Galatyn Park Corporation for the purchase of 0 056 acres of land and 0 200 acres of land for right-of-way for U S Hwy 77 Wldemng Project ESTIMATED PROJECT SCHEDULE Tx D O T w~demng project contract letting m June, 2001 PRIOR ACTION/REVIEW The Planmng & Zomng Coram~ss~on recommended approval on July 23, 1997 FISCAL INFORMATION The total pnoe breaks down as follows 0 056 acre (2,439 s f) x 61¢ square foot ($26,500/acre) equals $1,500 00 (rounded) and, 0 200 acre (8;712 s f) x 61¢ square foot ($26,500/acre) equals $5,300 00 (rounded) and, $1,567 30 for fence replacement equals a total purchase pnce of $8,367 30 Closing costs are estimated to be approximately $750 00 ~' Location map ~ Site Map ~ Planmng & Zomng Commlss~on minutes July 23, 1997 ~ Draft Ordinance } Real Estate Contract Prepared By Paul Wllhamson Real Estate & Capital Support Manager Respectfully submitted Dawd Saln~on Acting D~rector Eng~neenng &Transportatton LOOP 2.88 RANCHO VISTA DEVELOPMENT COMPANY (LOOP TEACT, TRACT 1) VOL. PG. pART 1 2,4.43 S.F. OR 0.056 AC. pART 2 8,714. S.F. OE 0.200 AC.. TOTAL 11,157 $.F, OR 0,256 AC REM.' 78.609 AC. WHOLE PROPERTY SITE MAP PARCEL 4, PART SITE MAP \ ~ PARCEL 4, PART 2 SITE MAP 6 -- Pl--"~"i and Zoning Minnw.~ July 23, 1997 We will vote on the nom~.,~-, in tl~ onler of ~heir nomiuaflon. I w~ Iht their name ~ :after I am through ff you wlll raise your zighI band if you are in favor. As r~,,y as ar~ in favor of Jim EngelbrechI please ratsc your rigl~ b~,rl. (Vote - 3) As r~,V as are in favor of Ellen Schenz please rahc your rigl~ hand. (Vote - 4) The n~w ~ person by n~jority is Ellen Schcrtz. "/~,-~' you. Nor thc second nomb~ we will b= electing Vice-Os,;~ person. The floor is Mi Apple: I would like ;~o nom~-~te Bob Powell Mi Schertz: Are there any further nomb~tions? Mr Moreno' I would nominate ~'~m l~.,gelbrccl~t Ms $chenz: Are there any further no,~,,~uon~? Seeing none, ,o,~i,~nons aro closed As m~-y as are in favor of Bob Powell, please raise your right l~nd (Vc~c - 4) $ccmg there, is a majority, the now Vicc-C~i,' person vall bc Bob Powell rrr Condder approval of the ,~i,~utes of thc July 9, 1997 meeting Ms $chcrtz' Are there any corrections? Seeing none, the m,nut~s will ~d approved IV Con~idcr m~lc,-g r~ommendafion to thc City Coun¢,l for thc acqumuon of the Right-of- Way for U.S. 37'/from F.M. 2164 to 1-35 Mr Powell Tha~'~.no~ 377 bu~ is 77.~.~ Mi Scheriz: You ~ correct ¥,.c~ the mlrat~s reflect that Mr powell I would move tha~ wc recommend to the City Council th~ a¢c!uh~uon of l~gh:-of-Way for US 77 from FM 2164 to I-~5 Ms G~v~er. Second Mi $chertz Ls there any d~scussion? All in favor, pica.sc r-,~e your fight hand Motion pa~sc~. V Con~ider ,,~lcmg recom,~-a~on to the City Council for th~ acquismon of the Righl-of- Way for Lakeview Boulevard. Mr. Powell' I move tha{ we m~t.~_ ~commendation to th~ City Councff for thc accluisit~on of th~ Rigl~-of-Way for I-~view Boulcva~ L \Galatyn Pared 40rdlnanoe doc ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND GALATYN PARK CORPORATION RELATING TO THE PURCHASE OF APPROXIMATE 0 056 ACRES OF LAND LOCATED IN ALEXANDER WHITE SURVEY, ABSTRACT NO 1406 AND 0 200 ACRES OF LAND LOCATED 1N THE ALEXANDER WHITE SURVEY, ABSTRACT NO 1406 AND THE NATHAN WADE SURVEY, ABSTRACT NO 1407 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 (PARCELS 4, PARTS 1 & 2) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract between the City of Denton and Galatyn Park Corporation in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of approximately 0 056 acres of land and 0 200 acres of land for the U S Highway 77 Project, with t~tle vesting m the State of Texas SECTION 2 The City Manager ~s authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 This ordinance shall become effective immediately upon its passage and approx al 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 Purchase and Sale Agreement Seller GALATYN PARK CORPORATION 1601 Elm Street Suite 5000 Dallas, Texas 75201 Attention Mr Donald Dillard, V~ee President PHONE (214) 922-1065 FAX (214) 922-1060 Purchaser THE CITY OF DENTON, TEXAS 215 E McKanney Denton, Texas 76201 Attention M~chael W Jez PHONE FAX Property Two (2) tracts of land contmnmg approximately 256 acres located ~n Denton, Denton County, Texas, as more particularly ~dentlfied as parcel 4 part 1 and parcel 4 part 2 on ExMb~t A hereto, together with all rights, pnwleges, easements and other appurtenances thereto, including, w~thout hm~tatton, water, water nghts, and development rights related thereto T~tle Company Texas T~tle Company 2215 South Loop 288 State 320 Denton, Texas 76205 Closing Date On or before March 30, 2001, or on such other date as the Pames may agree Purchase and Sale Agreement The Cay of Denton, Texas Consideration The consideration for the transactions contemplated hereby will be the sum of the following 0) $6,800 00 as payment for the Property, and (ii) $1,567 30 as reimbursement to Seller for expenses to be incurred by Seller in connection with the removal and relnstallatlon of Seller's fences 1 ~ Seller agrees to sell, and Purchaser agrees to purchase, the Property as provided in this Agreement 2 Tltle, Survey and Tax Certificates Within twenty (20) days after the date of this Agreement, Seller, at its expense, shall deliver to Purchaser (a) a current commitment for title insurance for the Property, from the Title Company setting forth the state of title to the Property together with any easements or restrictions (existing or created pursuant hereto) benefiting the Property, together with all exceptions or conditions to such title, (b) legible copies of all documents referenced in the title commitment, (c) a current Survey (plat and field notes) of the Property, certified to Purchaser and Title Company, complying with the standards for a Texas Society of Professional Surveyors Category 1 A, Condition H survey, reflecting the number of square feet area in the Property, and (d) tax statements for the current and the immediate preceding years 3 Review of Title and Survey. Purchaser shall have ten (10) days after the receipt of all items specified in Paragraph No 2 by which to notify Seller in writing of any objections Purchaser has to any matters shown or referred to in the title commitment, the documents referred to in the commitment, or on the Survey Any title encumbrances, exceptions or other matters wluch are set forth in the title commitment, the document referred to in the commitment, or on the Survey, and to which Purchaser does not object withn the Inspection Period, shall be deemed to be permitted exceptions to the status of Seller's title (the "Permitted Exceptions") 4 Ob]ections to Status of Title and Survey If Purchaser objects to any item shown or referred to in the title commitment, or Survey within the period specified in Paragraph No 3, Seller shall be given until the end of such period (the "Cure Period") to cure, at Seller's option and sole discretion, but without any obligation to do so, any objection to the condition of title raised by Purchaser If Seller is either unable to cure such objections within the Cure Period, or chooses not to do so, Purchaser may, at its option exercisable through the Closing Date either (x) accept such title as Seller can deliver, in which case all exceptions to title set forth in the Title Commitment, documents referred to in the commitment and Survey which are not removed shall be deemed to be permitted Exceptions, or (y) terminate tl~s Agreement by notice in wnting to Seller in wtuch event neither party shall have any further rights, duties or obhgatlons hereunder, except as otherwise provided in paragraph 5 hereof In the event Purchaser fails to notify Seller, within such period, that Pumhaser has elected to proceed under either subpart (x) or (y) of the immediately preceding Thc Ct~ of Denton, Texas lO sentence, Purchaser shall be deemed to have elected to proceed under subpart (x), and this Agreement shall remain in full force and effect 5 Closing The closing of the sale of the Property shall occur at 9 a m on the Closing Date therefor at the Title Company At the closing, (a) Seller shall dehver to Purchaser (1) a special warranty deed conveying indefeasible title to the Property to Purchaser subject only to such exceptions as Purchaser approved dunng its examination of the title commitment and survey, and in any event free of all liens, (2) a Texas owners policy of title insurance (or equivalent) in the amount of that portion of, with such endorsements as Purchaser may reasonably request, lnsunng such title in Purchaser, (3) a certificate complying with the Internal Revenue Code that Seller is not a foreign person, and (4) possession of the Property, free of parties in possession and in the same condition as on the date of this Agreement, and Co) Purchaser shall deliver to Seller the Consideration atmbutable to the Property, therefor in cash or immediately available funds, adjusted as provided below Ad valorem taxes, assessments, and any other charges against the Property acquired shall be prorated at closing, based on prior years taxes, Seller being charged for the same through the Closing Date and Purchaser being responsible thereafter Notwithstanding the foregoing, if Seller or Seller's predecessors in title have claimed any partial or total exemption from taxation of the Property based upon agricultural or open space use or any other use wtuch may affect such partial or total exemption or if any taxes or assessments are imposed or proposed against or related to the Property after the Closing due to the termination of an exemption or for any other reason and wluch apply to or are based, calculated or assessed in some manner on periods prior to the Closing, such taxes accruing for periods prior to the Date of Closing which would be or are occasioned by Purchaser's development or change of use of the Property shall be paid by Seller to the Purchaser at the time such tax is billed by the appropriate taxing authority for payment of the aforementioned taxes Seller's obligation to pay such additional taxes shall survive Closing Seller hereby agrees to pay and be responsible for the following Closing costs 0) the cost of all tax certificates relating to all taxes and other assessments incurred or arising in relation to the Property, 00 all fees and premiums for the Survey and Title Binder, (iii) one-half (1/2) of the Title Company's escrow fees, (iv) all costs and expenses incurred by or on behalf of Seller including Seller's attorney's fees, (v) such other incidental costs and fees customarily paid by sellers of property in Denton County, Texas in transactions of a similar nature to the transaction contemplated herein Thc Crt7 of Denton, Texas Purchaser hereby agrees to pay and be responsible for the following Closing costs (0 one-half (1/2) of the Title Company's escrow fees, (n) all costs and expenses incurred by or on behalf of Purchaser, including Purchaser's attorney's fees, (ill) all fees and prermums for the Owner's T~tle Pohey, and 0v) such other incidental costs and fees customarily pad by purchasers of property ~n Denton County, Texas on transactions of a samflar nature to the transaction contemplated hereto 6 Representations and Warranties of Purchaser' Purchaser and each of the persons executing this Contract on ~ts behalf represents and warrants to Seller as of the date hereof and as of the Closlng Date as follows (which representatmns and warranties shall survive the Closing) (1) Pumhaser has full right and authority to enter into this Contract and to consummate the transactions contemplated herein, (il) each of the persons executing this Contract on behalf of Purchaser is authorized to do so, and (n0 this Contract constitutes a valid and legally binding obligation of Purchaser, enforceable m accordance with its terms 7 Representations and Warranties of Seller Seller and each of the persons executing ti'ns Contract on its behalf represents and warrants to Purchaser as of the date hereof and as of the Closing Date as follows (which representations and warranties shall survive the Closing) that to the current actual knowledge of Seller (1) Seller is corporation duly organized and in good standing under the laws of the State of Delaware The executmn and dehvery of th~s Contract by the signatories hereto on behalf of Seller and the performance of tbas Contract by Seller have been duly authorized by Seller, and this Contract is binding on Seller and enfomeable against Seller in accordance with its terms, (ii) There ~s no suit, action, legal or other proceeding pending, or threatened, which affects the Property, (m) Seller has not received any notice whatsoever that the location, construction, occupancy, operation or use of the Property violate any applicable law, statute, ordinance, rule, regulation, order or determination or any governmental authority or any board of fire underwriters (or other body exercising similar functions), or any restrictive covenant or deed restriction or zoning ordinance or classification affecting the Property, ~ncludlng, without limitation, all applicable building codes, flood disaster laws and health and federal and state environmental laws and regulations Except as The City of Denton, Texas 12 set forth on Schedule One, Seller is not aware of any hazardous substances being located at the Property or of the Property, or any part thereof, being in violation of any federal or state environmental laws, and (iv) Except as set forth on Schedule One, Seller has not received any notice of any condemnation or similar proceedings having been instituted or threatened against the Property or any part thereof nor is any such proceeding threatened or contemplated of which Seller has not received formal notice The representations and warranties made by Seller m this Contract or in any document executed in connection herewith shall survive the closing and delivery of' the deed and other closlng documents by Seller to Purchaser, and shall not be deemed to have merged therewith for a pe~od of six (6) months If, after the Closing, Purchaser becomes aware of any misrepresentations or breaches o£warrantles of Seller contained in ttus Contract or in any document executed:m connection herewith, then (0 Purchaser must give written not,ce of such misrepresentation or breaches of warranties to Seller on or before the expiration of six (6) months after the Closing, such written notaee to state the nature of such misrepresentations or breaches of warranties, (ii) any suit by Purchaser for any misrepresentations or breaches of warranties by Seller must be filed on or before one (1) year after the Closing or shall be forever barred, and (iii) Purchaser's remedies for such misrepresentations or breaches of warranties shall be limited to the actual damages recurred by Purchaser as a result of such mlsrepresentataons or breaches of warranties but in no event exceeding the net sales proceeds actually received by Seller as a result of the sale of the prope~y Purchaser shall not be entitled to any consequential, speculative or putative damages as a result of any misrepresentations or breaches of warranties by Seller contained herein or any documents executed an connection herewith 8 NO OTHER REPRESENTATIONS OR WARRANTIES OF SELLER, PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, AND SELLER HEREBY SPECIEICALLY DISCLAIMS, ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING, (a) THE NATURE AND CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, AND THE SUITABILITY THEREOF AND OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, (b) THE EXISTENCE, NATURE AND EXTENT OF ANY RIGHT-OF-WAY, LEASE, RIGHT TO POSSESSION OR USE, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONDITION OR OTHER MATTER AFFECTING TITLE TO THE PROPERTY, OR (c) WHETHER THE USE OR OPERATION OF THE PROPERTY COMPLIES WITH ANY AND ALL LAWS, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER REGULATORY BODY pURCHASER AGREES TO ACCEPT THE PROPERTY AND ACKNOWLEDGES THAT THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE BY SELLER, ON AN "AS IS, WHERE IS, 13 AND WITH ALL FAULTS" BASIS PURCHASER EXPRESSLY ACKNOWLEDGES THAT EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED HEREIN AND EXCEPT FOR ANY WARRANTY OR TITLE CONTAINED IN THE SPECIAL WARRANTY DEED TO BE DELIVERED BY SELLER TO PURCHASER AT CLOSING, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE WITH RESPECT TO THE PROPERTY PURCHASER ACKNOWLEDGES THAT PURCHASER IS NOT RELYING ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER REGARDING THE PROPERTY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN FURTHER, AND WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION OF THIS CONTRACT, SELLER HAS MADE AND MAKES NO REPRESENTATION, WARRANTY OR GUARANTY, AND HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, WITH RESPECT TO THE PRESENCE OR DISPOSAL ON OR BENEATH THE PROPERTY (OR ANY PARCEL IN PROXIMITY THERETO) OF HAZARDOUS SUBSTANCES OR MATERIALS WHICH ARE CATEGORIZED AS HAZARDOUS OR TOXIC UNDER ANY LOCAL, STATE OR FEDERAL LAW, STATUTE, ORDINANCE, RULE OR REGULATION PERTAINING TO ENVIRONMENTAL OR SUBSTANCE REGULATION, CONTAMINATION, CLEANUP OR DISCLOSURE (INCLUDING ASBESTOS) AND SHALL HAVE NO LIABILITY TO PURCHASER THEREFOR BY ACCEPTANCE OF THIS AGREEMENT AND THE SPECIAL WARRANTY DEED TO BE DELIVERED BY SELLER AT THE CLOSING, PURCHASER ACKNOWLEDGES THAT pURCHASER'S OPPORTUNITY FOR INSPECTION AND INVESTIGATION OF THE PROPERTY (AND OTHER PARCELS IN PROXIMITY THERETO) WILL BE ADEQUATE TO ENABLE PURCHASER TO MAKE PURCHASER'S OWN DETERMINATION WITH RESPECT TO THE pRESENCE OR DISPOSAL ON OR BENEATH THE PROPERTY (AND OTHER PARCELS IN PROXIMITY THERETO) OF SUCH HAZARDOUS SUBSTANCES OR MATERIALS, AND PURCHASER ACCEPTS THE RISK OF THE PRESENCE OR DISPOSAL OF ANY SUCH SUBSTANCES OR MATERIALS pURCHASER, AND ANYONE CLAIMING, BY, THROUGH OR UNDER PURCHASER, HEREBY FULLY RELEASES, DISCHARGES, AND HOLDS HARMLESS SELLER, ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES AND AGENTS, AND THEIR RESPECTIVE PERSONAL REPRESENTATIVES, HEIRS, SUCCESSORS AND ASSIGNS FROM ANY COST, LOSS, LIABILITY, DAMAGE, EXPENSE, DEMAND, ACTION OR CAUSE OF ACTION ARISING FROM OR RELATED TO ANY ERRORS, OMISSION, OR OTHER CONDITIONS AFFECTING THE PROPERTY PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT THIS RELEASE SHALL BE GIVEN FULL FORCE AND EFFECT ACCORDING TO EACH OF ITS EXPRESSED TERMS The Ctty of Denton, Texns 14 AND PROVISIONS, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO UNKNOWN AND SUSPECTED CLAIMS, DAMAGES AND CAUSES OF ACTION THIS COVENANT RELEASING SELLER SHALL BE BINDING UPON PURCHASER, ITS PERSONAL REPRESENTATIVES, HEIRS, SUCCESSORS AND ASSIGNS THIS WAIVER AND RELEASE OF CLAIMS SHALL SURVIVE THE CLOSING 9 Conditions to Purchaser's Obligations Purchaser's obligation under this Agreement to purchase the Property is subject to the fulfillment of each of the following conditmns (any or all of which may be wmved by Purchase0 (a) Seller shall be ready, wdhng and able to deliver title to the Property in accordance with the terms and cond~tmns of this contract, (b) Seller shall have dehvered all the documents and other ~tems required pursuant to Paragraph No 2, and shall have performed, in all material respects, all other covenants, undertakings and obligations, and complied with all conditions required by th~s Agreement to be performed or comphed w~th by the Seller at or prior to the Closing, 10 Conditions to Seller's ObhRatlons Seller's obhgatlons under fins Agreement to sell the Property to Purchaser IS subject to the fulfillment of each of the following conditions (all or any of which may be waived by Seller) (a) The representations and warranties of Purchaser contained herein shall be tree, accurate and correct as of the Closing date, (b) Purchaser shall have dehvered the funds reqmred hereunder and shall have performed, in all material requests, all other covenants, undertakings, and obligations, and comphed w~th all conditions reqmred by this agreement to be performed or comphed with by Purchaser at or prior to Closing, 11 Risk of Loss Until the closing In consummated, risk of loss with respect to the property shall remmn with the Seller If after the Inspectmn Period expires any event occurs which In Purchaser's reasonable determination has a material affect on the Property or Purchaser's intended use thereof, then Purchaser may terminate this Agreement by dehvenng x~ntten notice thereof to Seller and the Earnest Money shall be refunded to Purchaser 15 12 Remedies If Purchaser defaults, Seller's sole remedy shall be to terminate tlus agreement If Seller defaults, Purchaser may terminate this Agreement or Purchaser may enforce specific performance of this contract 13 Notices Notices must be in writing to and given at the addresses stated above Notice may be given by receipted delivery service, U S mall, or fax and shall be effective upon receipt of the notice at the address or fax number of the addressee 14 Miscellaneous (a) Utilities. Seller assumes no obhgntlon to extend or replace any utihtleS, however, Seller shall provide reasonable staff assistance to Purchaser in coordinating the provision of utilities as may be necessary to serve the land and other tracts of land within the vicinity of the Land (b) Entirety This Agreement contains thc entire agreement of the parties pertalrang to the Property (c) Modifications; Tlus Agreement may only be modified by a written document signed by both parties (d) Brokers. (e) AssiRnmen~ Purchaser may not assign its rights under this Agreement to any entity with the exception of an affiliate wholly owned by Purchaser without the express written consent of Seller (f) Time is of the Essence Time is of the essence with respect to the performance by the Parties of their respective obhgahons hereunder (g) Expiration The offer represented hereby shall expire if not accepted by Purchaser falls to execute this Agreement and return it to Seller on or before 4 00 p m Central Time, Wednesday, February 21, 2001 Thc City of Denton, Texas (h) Date The date of this Agreement shall be the date a fully executed copy hereof, w~th any changes approved by both part,es, ~s deposited wxth the T~tle Company 0) Non-Business Day If the final date of any period provided hereto for the performance of an obhgatmn or for the taking of any action falls on a Saturday, Sunday, or hohday, then the end of such period shall be extended to the next bus~ness day PURCHASER THE CITY OF DENTON, TEXAS By Name Title Date ]Executed ,2001 SELLER GALATYN PARK CORPORATION Name-Donald D 'Dillard T~tle V~ee President Date Executed ., 2001 T~c C~V of Denton, Texas 17 ACKNOWLEDGMENT Th, undersigned Title Company hereby acknowledges ~ts receipt of an executed copy of tlus Agreement and, further, agrees to comply wxth and be bound by the terms and provisions &this Agreement, including, without hmltat~on, those terms relatxng to comphance with Section 6045(e) of the Internal Revenue Code of 1986, as amended fi.om time to t~me, and as further set forth m any Regulat~oris or forms promulgated thereunder TEXAS TITLE COMPANY By Date The Ct~y of Denton, Texas 18 SCHEDULE ONE TO PURCHASE AND SALE AGREEMENT GALATYN PARK CORPORATION, Seller THE CITY OF DENTON, TEXAS, Purchaser The City of Denton, Texas 20 EXHIBIT "A" County J~O/9.Q Page I of 1 Haghway I,I.S. 77 Project Emits From I.H. 35 Rev October 26, 1994 To U,S. 380 cs J: 0195-02- Account. FIELD NOTES FOR PARCEL 4 PART 1 BEING A PARCEL OF LAND SITUATED IN A CALLED 78 865-ACRE PARCEL OF LAND (LOOP TRACT, TRACT 1 ), CONVEYED TO RANCHO VISTA DEVELOPMENT COMPANY, RECORDED IN VOLUME 2695, PAGE 465, DEED RECORDS DENTON COUNTY, TEXAS {DRDCT), AND BEING SITUATED IN THE ALEXANDER WHITE SURVEY, ABSTRACT NO. 1406, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS I~OLLOWS: COMMENCING fer reference at a found right of way marker in the west lane of a called 17 885-acre parcel of land conveyed to Union Oil Company of California, recorded in Volume 604, Page 656, DRDCT, same bmng the southwesterly cut-back corner of Interstate Highway 35 (a vanable wadth right of way) with the existang south right of way hne of U S 77 (a vanable wtdth right of way); THENCE N 61 o 45' 33' E, along the north hns of said Umon O~1 tract and the ex~sting south nght of way hne of U S 77, s distance of 64 55 feet to a set 5/8-inch iron rod w~th an aluminum cap, also being a point on the new south right of way hne of U.S 77, THENCE S 70° 13' 51' E, along the new south right of way hne of U S 77, a d~stance of 46 83 feet to a set 5/8-inch iron rod with an aluminum cap, THENCE S 58° 12' 52' E, continuing along the new south rtght of way line of U S 77, a dastance of 1101 38 feet to a set 6/8-inch iron rod w~th an aluminum cap, being on the east hne of smd Umon O~1 tract and the west hne of smd Loop tract, Tract 1, and sa~d point bmng the POINT OF BEGINNING, (1) THENCE N 00° 04' 37' E, w~th the hne common to smd Loop tract, Tract 1, and smd Un~on O~1 tract, a distance of 24 03 feet to a found 1/2-~nch aron rod for an angle point in the north I~ne of sa~d Loop tract, Tract 1, same being the northeast corner of sa~d Umon 0~1 tract, and being m the existing south right of way hne of U S 77, (2) THENCE S 58° 40' 11' E, along the north hne of sa~d Loop tract, Tract 1 and the ex~sflng south right of way hne of U S 77, s d~stance of 116 47 feet to a found 1/2-inch ~ron rod for a northeast corner of saad Loop tract, Tract 1, same being a point in the west hne of a called 17 46-acre parcel of land conveyed to Shaul C Baruch, Trustee, and recorded m Volume 1620, Page 129, DRDCT, (3) THENCE S 00° 43' 18' W, along the west hne of sa~d Saruch tract and the east hne of sa~d Loop tract, Tract 1, a d~stance of 24 95 feet to a set 5/8-tach aron rod w~th an aluminum cap m the new south right of way hne of U S 77, (4) THENCE N 58° 12' 52" W, along the new south r~ght of way hne of U S 77, a d~stance of 116 70 feet to the POINT OF BEGINNING, and contmmng 0 056 acres, or 2,443 square feet of land, more or less ~ John F. Wilder, R P.L.S. Date Texas No 4285 21 EXHIBIT "A' County [~enton Page I of 1 Highway U,S. 77 Project Limits From I.H. 35 Rev. November 28, 1994 To U.S. 380 CSJ ~)195-02- Account FIELD NOTES FOR PARCEL 4 PART 2 BEING A PARCEL OF LAND SITUATED IN A CALLED 78 865-ACRE PARCEL OF LAND (LOOP TRACT, TRACT 1 ), CONVEYED TO RANCHO VISTA DEVELOPMENT COMPANY, RECORDED IN VOLUME 2695, PAGE 465, DEED RECORDS DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE ALEXANDER WHITE SURVEY, ABSTRACT NO 1406 ANDTHE NATHAN WADE SURVEY, ABSTRACT NO 1407, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a fence corner of said Loop tract, Tract 1 and the southeast corner of a called 17 46-acre parcel of land conveyed to Shaul C Baruch, Trustee, recorded ~n Volume 160, Page 129, DRDCT, and sa~d point being on the south hne of the Alexander White survey, Abstract No 1406 and the north hne of the Nathan Wade aurvey, Abstract No 1407, THENCE N 00° 27' 33" E, along the east properl, y hne of said Baruch tract and a west property line of said Loop tract, Tract 1, a distance of 131.97 feet to a set 5/8-inch Iron rod w~th an aluminum cap, being the POINT OF BEGINNING, and being a point on the new south right of way hne of U S 77, (1) THENCE N 00° 27' 33" E, with the hne common to said Loop tract, Tract 1, and sa~d Baruch tract, a distance of 22 81 feet to a northwest corner of sa~d Loop tract, Tract 1 ~n the ex~st~ng south r~ght of way I~ne of U S 77, (2) THENCE S 680 13' 23" E, leawng said common line and along the north hne of sa~d Loop tract, Tract 1, being the existing south r~ght-of-wa¥ hne of U S 77, a distance of 446 62 feet to a found 1/2-inch iron rod for an angle point in the north I~ne of sa~d Loop tract, Tract 1, same being a point in the west hne of a called 10-acre parcel of land conveyed to Ceml A Krug and recorded In Volume 377, Page 70, DRDCT, and being ~n the ex~stmg south right of way line of U S 77, (3) THENCE S 00° 55' 41 ' W, along the hne common to sa~d Loop tract, Tract 1 and sa~d Krug tract, a d~stance of 22 77 feet to a set 8/8-inch iron rod w~th an aluminum cap ~n the new south right of way hne of U S 77, (4) THENCEN58o 12'52"W, withthe new south nght of way l~ne of U S 77, a distance of 446 44 feet to the POINT OF BEGINNING, and conta~mng 0 200 acre, or 8,714 square feet of land, more or less 0 126 Ac -Alexander White Survey 0 074 Ac -Nathan Wade Survey ~ ~ /Z John F W~lder, R P.L S Date Texas No 4285 22 A AGENDA INFORMATION SHEET Dale AGENDA DATE: March 27, 2001 DEPARTMENT: Engmeenng ~ CM/DCM/ACM: Davtd Hall, 349-8314 SUBJECT Consider adoptton of an ordmanee approwng a real estate contract between the C~ty of Denton and Betty l~uth Daws Jackson and Joyee Davts Brenholtz Btshop, relating to the purchase of approximately 0 421 acre of land being located tn the B B B & C R R Survey, Abstract No 186 of Denton County, Texas for the U S Htghway 77 Project, wtth t~tle vesttng tn the State of Texas, authonztng the expenditure of funds therefor, and provtdmg an effecttve date (Parcel 36) BACKGROUND At the October 17, 2000 Ctty Councd meeting Ordinance No 2000-402 was approved authorizing a t'mal offer to be made to the property owner, Ms Betty Ruth Davts Jackson of Fort Worth, Texas and Joyce Daws Brenholtz B~shop, Alto, New Mexico for Parcel 36 U S Htghway 77 Project, prior to the City Attorney fihng condemnatton action to acquire the needed right-of-way The final offer prior to fihng condemnation aetton was made m m~d November 2000 Since that final offer we have been m close dtalogue wtth Mr Clyde Btshop, husband of Ms B~shop We have seen some favorable movement on thetr part as a result of our negottat~ons Mr Btshop has acqmesced from thetr counter offer from $54,993 00 ($3 00/sq ft) and intimated that Ms Jackson and Ms B~shop would consummate the transactton for an amount of $36,662 00 Thts amount represents the final offer of $24,747 00 (appratsed value being $1 35 per square foot) and add~ttonal conslderatton of $11,915 00 It ~s ant~elpated that the Spectal Commissioner fees, fihng fees, updated appraisal costs and expert wttness fees would echpse the addtt~onal constderat~on Also, the award amount for the tract would be unknown Engineering Department and Legal Department resources would also be expended tn preparatton and facd~tatlon of the condemnatton process OPTIONS Not apphcable RECOMMENDATION Staff recommends approval of the real estate contract between the Ctty of Denton and Betty Ruth Davis Jackson and Joyce Davts Brenholtz Btshop for the purchase of 0 421 acres of land for right of way forUS Hwy 77 Wtdemng Project ESTIMATED PROJECT SCHEDULE Tx D O T w~demng project contract letting in June, 2001 PRIOR ACTIONfREVIEW The Planning & Zomng Commission recommended approval on July 23, 1997 At the October 17, 2000 C~ty Council meeting Ordinance No 2000-402 was approved authorizing a final offer to be made to the property owner, Ms Betty Ruth Daws Jackson of Fort Worth, Texas and Joyce Daws Brenholtz B~shop, Alto, New Mexmo for Parcel 36 U S H~ghway 77 Project FISCAL INFORMATION The total price breaks down as follows 0 421 acre (18,331 s f) x $1 35 per square foot ($58,806 per acre) equals $24,747 00 and, $11,915 00 as additional consideration 0n heu of condemnation) equals the total purchase price of $36,662 00 Closing costs are estimated to be approximately $1,000 00 ATTACHMENTS ~ Location map }Stte Map ~ Plarmlng & Zomng Commission m~nutes July 23, 1997 ~' Draft Ordinance ~, Real Estate Contract Prepared By Paul Wflhamson Real Estate & Capxtal Support Manager c-~Re~ful~ltt~ql~) ~ Davld Salrtion Acting Director Engtneenng & Transportation NO $CAL~ LOCATION MAP 4 F~g~ 2 ~ favor of ~en Sche~ pl~e ~e yo~ fi~ ~. ~o~ - 4) ~ ~w ~,~ pe~on For ~e s~o~ no~ we ~ be el~ ~ pe~om ~e floor 2 ~. Apple. I wo~d ~c Io nomt~l~ Bob PowcE. Ms Sche~: ~ ~=m ~y ~er nom;-~uo~? Seem; none, no~o~ ~ closed ~ m~y ~ ~ ~ favor of Bob Power, pl~c ~c yo~ n~; b~d ~om - 4) ·cm ,2 a ~jonv, ~= ~w Vice-C~.;r pe~on ~ be Bob Powc~ ~ Co. Mcr appmv~ of ~c ~;nutes of ~= l~y 9, 1997 mcca; Ms Schc~' ~c ~m ~y co==cdom? SeeM; non=, ~c m;nu~ w~ ~d approved ~. Comidcr m.~;~ r~ommcn~don to ~= CiV Co.cfi for ~ acq~fion of ~= ~t~f- Way for U S. 377 ~m F.M 21~ m I-~. ~ ~ch=~ You ~ co~t ~t ~= ~;~ reflect ~t ~ Powe~ I wo~d move ~t wc ~ommc~ to ~c C~V Co.cfi ~c ac~mon of ~t~f-Way for US ~ ~m ~ 21~ m 1-35 ~ G~r. Second Way for T ~ew BogeyS. ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND BETTY RUTH DAVIS JACKSON AND JOYCE DAVIS BRENHOLTZ BISHOP RELATING TO THE PURCHASE OF APPROXIMATELY 0 421 ACRE OF LAND BEING LOCATED IN THE B B B & C RR SURVEY, ABSTRACT NO 186 OF DENTON COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (PARCEL 36) THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authorized to execute a Real Estate Contract between the City of Denton and Betty Ruth Davis Jackson and Joyce Davis Brenholtz Bishop m substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of approxanately 0 421 acre of land for the U S Highway 77 Project, with title vesting in the State of Texas SECTION 2 The City Manager, or his designee, is authorized to make the expenditures as set forth m the attached Real Estate Contract SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 6 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and BETTY RUTH JACKSON and JOYCE DAVIS BRENHOLTZ BISHOP (hereznafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as ..Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the sa~d property, including any right, title and ~nterest of Seller ~n and to adjacent streets, alleys or r~ghts-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the ,,Property"), together with any ~mprovements, f~xtures, and personal property situated on and attached to the Property, for the consideratxon and upon and subject to the terms, provisions, and conditions hereinafter set forth Seller shall pay all cost for the removal, installation, construction, re~nstallat~on, reconstruction, labor and materials for any and/or improvements locate~ w~thin the property described in Exhibit "A" Any improvements not removed by April 30, 2001 shall become property of the City of Denton, Texas PURCHASE PRICE i Amo%mt of Purchase Price The purchase price for the Property shall be the sum of $36,662.00 2. Pay~__gnt of Purchase Price The full amount of the Purchase Price shall be payable in cash at the closzng. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consununate the trans&ctions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. DISK 5 7 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the ,,Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory In the event Purchaser states the condition of title Ks not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser In the event Seller Ks unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condit=on shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the ntunber of total acres comprising the Property, together w~th a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable sat~sf&ction of Purchaser. In the event Seller Ks unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the T~tle Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and PAGE 2 8 conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Sel~ler hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dates 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or simLlar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any goverr~mental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 6. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property Such toxic ,or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource ConservatLon and Recovery Act (RCRA), as amended, and the Comprehensive EnvLrornnental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of F~rst American Title Insurance Company of Texas, 1100 Dallas Drive, Suite 112, Denton, Texas 76205 on or before April 30, 2001, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date Ks hereLn referred to as the .,closing date"). CLOSING REQUIREMENTS 1. Seller's Requirements. At the closLng Seller shall~ A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and PAGE 3 9 acknowledged Deed in the form as attached hereto as Exhibit ~B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable~ 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligatzons here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by First American Title Insurance Company of Texas, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, xn Purchaser's favor mn the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provxded, however' 1. The boundary and survey exceptions shall be deleted mf required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser; 2. The exception as to restrmctive cove- nants shall be endorsed "None of Record"~ 3. The exception for taxes shall be limited to the year of clos=ng and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbermng the Property shall be endorsed "None of Record". PAGE 4 l0 C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purch&ser~s Requirements. Purchaser shall pay the consideration as referenced in the .Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs end expenses of closing in consun~nating the sale and purchase of the Property not specif=cally allocated herein shall be p~id by Purchaser end Seller, except for Seller's attorney fees. REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER n the event Seller shall fa=l to fully and tamely perform any f its obligat=ons hereunder or shall fall to consummate the sale of the Property except Purchaser~s default, Purchaser may e=thEr enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller BREACH BY PURCHASER n the event Purchaser should fa=l to consumunate the purchase of ~e Property, the conditions to Purchaser's obligations set fort~ in PURCHASER~S OBLIGATIONS having been satisfied and Purc]Leser being in default Seller may either enforce specific perf~nnance of this Agreement, or terminate this Agreement by writ':e~ notice del=vered to purchaser. MISCELLANEOUS Assignment of A~reement. This Agreement may be assigned by P rchaser without the express written consent of Seller. Survival of Covenants. Any of the representations, war- rant .es, covenants, and agreements of the ~arties, as well as any righ=s end benefits of the parties, pertain=ng to a period of time '~ollowing the closing of the transactions contemplated here~y shell survive the closing and shall not be merged therein. PAGE 5 11 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to ADDlY. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable an Denton County, Texas. 5. Parties Bound. This Agreement shall be banding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6 Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceab~llty shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, ~llegal, or unenforceable provision had never been contained herein. 7. Prior Agreements SuDerseded. Th~s Agreement constitutes the sole and only agreement of the part~es and supersedes any prior understandings or written or oral agreements between the part~es respecting the within subject matter 8. Time of Essence. Time is of the essence in th~s Agreement. 9. Gender Words of any gender used an this Agreement shall be held and construed to include any other gender, and words in the s~ngular number shall be held to ~nclude the plural, and v~ce versa, unless the context requires otherwise 10. Memorandu~n of Contract. Upon request of either party, both parties shall promptly execute a memorandum of th~s Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of t~tle =nsurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit In the event a fully executed copy of this PAGE 6 Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. 13. Effective Date. The term ~Effective Date" means the latter of the dates on which this Contract is signed by either Sellers or Purchaser, as indicated by their signature below. If the last party to execute this Contract falls to complete the date of execution below that party's signature, the Effective Date shall be the date this fully executed Contract Ks acknowledged by the Title Company. IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows~ SELLER~ PURCHASER. BETTY RUTH DAVIS JACKSON CITY OF DENTON, TEXAS JOYCE DAVIS BRENHOLTZ BISHOP BY. BETTY RUTH DAVIS JACKSON M~chael W Jez Date City Manager 215 E McK~nney Denton, Texas 76201 JOYCE DAVIS BRE1THOLTZ BISHOP Date Date ~mPROVED AS 'fO ~Y -7/ ~/ -- PAGE 7 13 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this __ day of · 2001 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton· Texas, a municipal corporation· that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated Notary Public an and for the State of Texas STATE OF COUNTY OF This instrument is acknowledged before me, on thms day of , 2001 by BETTY RUTH DAVIS JACKSON Notary Public in and for the State of STATE OF COUNTY OF This instrument is acknowledged before me, on this day of , 2001 by JOYCE DAVIS BRENHOLTZ BISHOP. Notary Public in and for the State of PAGE 8 14 EXHIBIT "A" County ~ Page 1 of 1 Highway U.S. 77 ProJect Limits From I H. 35 Rev December 19, 1994 To U.S. 380 CSJ 0195-02- Account FIELD NOTES FOR PARCEL 36 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO BEq-~Y RUTH DAVIS JACKSON AND JOYCE DAVIS BRENHOLTZ, RECORDED IN VOLUME 711, PAGE 382, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING A PORTION OF DAVIS TRIANGLE ADDITION, RECORDED IN CABINET J, PAGE 27, MAP RECORDS DENTON COUNTY, TEXAS, AND BEING SITUATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found 1/2-inch iron rod for the southwest corner of sa~d addition, THENCE N O0° 51' 18" E, along the west line of sa~d Jackson tract and sa~d addition, a d~stance of 301 98 feet to a set 5/8-~nch iron rod w~th an aluminum cap for the POINT OF BEGINNING, same being a point on the new south r~ght of way line of U S 77 and a point on the east line of a tract of land conveyed to Roy D Martin, as recorded m Volume 416, Page 215, DRDCT, (1) THENCE N 00° 51' 18" E, along a I~ne common to sa~d Jackson tract and sa~d Martin tract, a d~stance of 54 08 feet to a point for the northwest corner of sa~d Jackson tract, end sa~d point being on the ex~stmg south right of way hne of U S 77, (2) THENCE S 58© 18' 30" E, along a hne common to sa~d Jackson tract and the existing south r~ght of way line of U S 77, a d~stance of 431 38 feet to a point for the northeast corner of sa~d Jackson tract and sa~d point being on a non-tangent c~rcular curve to the r~ght hawng a radius of 510 83 feet, (3) THENCE southwesterly, along the west I~ne of Windsor Dnve, a r~ght of way deeded to the C~ty of Denton m Volume 1181, Page 104, DRDCT, sa~d curve to the r~ght, through a delta angle of 06° 35' 35", an arc distance of 58 78 feet, and having a chord which bears S 480 49' 35" W, a d~stance of B8 75 feet to a set 5/8-inch Iron rod w~th an aluminum cap, same being a point on the new south nght of way line of U S 77, (4) THENCE N 02o 55, 51. W, along the new south r~ght of way hne of U S 77, a distance of 22 89 feet to a set 5/8-~nch iron rod w~th an aluminum cap, being on a non-tangent c~rcular curve to the r~ght hawng a radius of 3879 72 feet, (5) THENCE northwesterly, along the new south r~ght of way I~ne of U S 77 w~th sa~d curve to the right, through a delta angle of 04° 05' 04", an arc d~stance of 276 58 feet, and hawng a chord which bears N 60° 14' 09" W, a d~stance of 276 52 feet to a set 5/8-~nch ~ron rod w~th an aluminum cap, being a point of tangency, (6) THENCE N 68° 11' 37" W, w~th the new south r~ght of way I~ne of U S 77, a d~stance of 96 99 feet to the POINT OF BEGINNING, and containing 0 421 acre, or 18,331 square feet, more or less, of which 295 square feet res~blm ut~hw easement to the C~W of Denton 15 Texa~, Depamuent of Tran~,~,mao,, EXHIBIT "B" Foem D-15-14 Pag~ I of 3 ' Rev 9/91 DEED TI-IH STATB OF TF.,XAS } } COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS: That, of the County of , State of Texas, hereinafter referred £o as Grantors, whether one or more, for and m conzlderatlon of the sum of ... Dolloxs ($. ) to Gr~tors m hand prod by the State of Texas, acting b,y and through the Texas Transpottauon Conmusslun, receipt of wtuch rs hereby acknowledged, and for which no hen rs retained, e~ther expressed or unphed, have tlus day Sold and by these,presents do (3rant, Bo. rgam, Sell and Convey unto the State of Texas all that certain tract or parcel of land m County, Texas, more parncularly descrthed m Bx- lub~t "A," wluch rs attached hereto and incorporated hereto for any and all purposes SAVE and EXCEPT, HOWEVER, It rs expressly understood and agreed that Grantors are retaining Uric to the following ~mprovements located on the property described m smd Exiub~t "A," to w~t Grantors covenant and agree to remove the above-described unprovemems from smd land by the day of ,19 , subject, however, to such extensions of tune as may be granted by the Stale in writing, and If, for any reason, Grantors fa~l or refuse to remove same w~thm smd period of tune prescribed, then, without any further cons~deraUon, the utle to all or any part of such unprovements not so removed shall pass to and vest m the State of Texas forever Grantors reserve a/1 of the od, gas and sulphur m and under the land hereto conveyed but wmve all rights -, ,,v uv~, ,,ut~ual~ m mm reservation stlall al~ect me title anti ngnts ot me ,'itate to take and use all other minerals and materials thereon, thereto and thereunder T~xas D~p~m~nt of Trsn~ Porto D-15-14 Pas~2of~ R~v 9~1 TO ~ ~ T~ HOLD ~ p~es h~m descend md h,~m conveyed tog~,r w~ ~ md ~ to ~t~a eor~v~ Dff~d ~ ~d sm~ ~ s~d ~es h~m conv~yed ~to ~ Stme of ~eof, by ~hrough or under, but no~ o~herwtse ACKNOWLEDGMENT THE STATE OF TEXAS, } COU/qTY OF } BFAeORE M~, the undersigned, a Notazy Public, on th~s day personally appeared , k~own to me (or proved to me on the oath of , a cmchble w:mess,) to be the person(s) whose name(s) 1~ (a~) subslmb~l to the foregoing msmm~em and -~'t~owledged to me that he/she/they executed the same for ~e purposes and com~detaUon ~hemm exp~a~d GIVE~ UI~DER MY HA.ND AND SEAL OF OFPICB, this day of ,19 Notary Pubhc, Stato of Toxa* My Comrmmon ~s on m~ day of ,19 ************************************************************************************ CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF } BEFORE ME, ~ unde~ed, a Not~ Public, on ~ ~y ~oo.I!y ~pe~d of , ~OWa tO me to ~ ~e ~on ~d offi~r who~ ~e u ~b~ to w~ ~e act of ~e s~d , a co~om~on, ~t he/she w~ d~y ~o~ to ~do~ ~e s~e by ~pwpnate ~oluu~ of ~ bo~ of ~c~o~ of ~ c~o~on ~d &at ~/she ~e~ed ~ s~e ~ ~e a~ of~ coloron f~ ~ p~o~ ~d w~d~uon ~m e~ ~d ~ &e ~pacl~ ~emm ~a~ G~ ~ MY ~ ~ Public, State of Texas My Commission expu~s on the day of ,19 17 CERT~'iCATE OF RECORDING THE STATE OF TEXAS, COUNTY oF _ 18 Oale~ AGENDA INFORMATION SHEET AGENDA DATE' March 27, 2001 DEPARTMENT. Fire Department ~,~j ACM: Son Fortune, Assistant C~ty Manager, Public Safety and Transportatmn SUBJECT Consider approval of an Ordinance authorizing the executmn of a license agreement between the City of Denton and Texas Insmunents ("TI") Incorporated to prowde for a hazardous materials exercise on TI property, and provldlng for an effective date BACKGROUND Texasl Instruments requires, as a part of their operating procedures, an ,ndemmty agreement for use of the Texas Instruments site m Denton for the C~ty of Denton to conduct a hazardous material exercise referred to as Comprehensive HazMat Emergency Response-Capablhty Assessment program (CHER-CAP) Th~s exercise wall be conducted on May 4, 2001 RECOMMENDATION Staffreeommends that this agreemont be estabhshed ~n order to allow the CHER-CAP exemme to be planned and exercised on schedule and to the spemficatlons mandated by FEMA PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Memorandum of Understanding has been reviewed by the legal departments for the City of Denton and Texas Instruments FISCAL INFORMATION The facflmes shall be made available free of charge for up to 72 hours, to include uttht~es Shouid other costs be incurred, such costs will be the full respons~bthty of the participants who incur them EXHIBITS 1 Ordinance approwng a Memorandum of Understanding between ~he C~ty of Denton and Texas Instruments 2 Memorandum of Understanding between the City of Denton and Texas Instruments 3 Site map of the Texas Instruments Site Respectfully submitted ORDINANCE NO AN ORDINANCE AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS INSTRUMENTS ("TI") INCORPORATED TO PROVIDE FOR A HAZARDOUS MATERIALS EXERCISE ON TI PROPERTY, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SEC~ The City Manager or las designee, m hereby authorized to execute a L~cense Agreement between the C~ty of Denton and Texas Instruments Incorporated ("TI") to provide for a hazardous materials exermse on TI property, m substanUally the form of the copy of the agreement wlach m attached hereto and incorporated by reference hereto ~ Tlas ordinance shall become effective ~mmedmtely upon as 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 ~Jl:OUTY,~*{'I'Y ATTORNEY LICENSE AGREEMENT This License Agreement ~s made this 3"d day of May, 2001, by and between Texas Instruments Incorporated ("L~censor"), and the C~ty of Denton ("L~censee") WHEREAS, the L~censor ~s the owner of the real property located at $940 North Elm St, Denton, Texas 76201 WHEREAS, the Licensee desires to exercise certain prlwleges upon portions of the L~censor's Property, NOW, THEREFORE, ~n consideration of the mutual covenants contained ~n th~s L~cense and other good and valuable consideration, the receipt and sufficiency of which ~s hereby acknowledged L~censor and L~censee agree as follows 1 GRANT OF LICENSE L~censor grants to L~censee and ~ts contractors the nonexcluslve right to enter upon a port,on of L~censor's Property (which port~on ~s de,scribed ~n Exhibit 1 attached hereto and ~ncorporated hereto and referred to he~'eln as the "Parking Lot Area" at the back of the campus) to perform a halzardous materials exercise ~nvolwng local businesses, DISD, three local hospitals, Police, F~re and EMS emergency equipment, at L~censee's own expense and risk of loss ~n accordance w~th the terms of th~s L~cense Th~s L~cense grants pnwleges only as to sa~d port~on of L~censor's property 2 NON-INTERFERENCE WITH LICENSOR L~censee shall not commit or cause to be committed any act on or around Licensor's Property which may or wdl ~nti~rfere w~th the bus,ness or operations of L~censor L~censor specifically reserves the right to continue to use and enjoy L~censor's Property dunng the te~m of th~s L~cense Agreement for any purpose, which w~ll not substantially ~nterfere w~th L~censee's permitted use thereon L~censee shall conduct ~ts act~wt~es ~n compliance w~th all TI security and safety requirements Access to the Side parking lot Area shall be limited to the parking lot at the back and to the s~de of the campus Area , 3 USE AND RESTORATION OF PROPERTY L~censee shall, at its sole expense, comply w~th the following (a) L~censee shall prowde security to the s~te, (b) Licensee shall keep the s~te clean and free of trash and debris, (c) Upon the expiration or other termination of th~s L~cense, L~censee shall restore any port~on of L~censor's Property d~sturbed by L~censee to ~ts original condition 4 D~RATION OF LICENSE This L~cense shall expire automatically on May 6, 2001 No extension of th~s L~cense shall be granted or effective unless such extension, ~f any, contained ~n a wntten modification to th~s Agreement and duly executed by L~censor and L~censee 5 TERMINABLE AT WILL Th~s L~cense ~s terminable by e~ther L~censor or L~¢ensee at wdl for any reason, and shall be effective ~mmed~ately upon receipt of wntten not~ce of ~ntent to terminate 6 RELEASE AND INDEMNIFICATION Except to the extent attributable to the gross negligence or wdlful misconduct of L~censor, and to the extent permitted by law, L~censee hereby ~ndemnlfles and holds L~censor harmless, releases, d~scharges and agrees to defend L~censor (at L~censee's sole cost, ~nclud~ng court cost and reasonable attorneys' fees) from and against any and all claims, demands, costs, damages, causes of action and habdltles of any and every nature whatsoever ~ncludmg, w~thout I~m~tat~on, any claims based on L~censor's negligence or strict liability (whether by statute or common law) and any ~njury to or death of any person and any property damage or loss arising out of or relating to (d~rectly or ~nd~rectly) L~censee's act~wt~es or L~censee's use or occupancy of the Licensed Premises If any loss or damage Is attnbutable to both Licensor and L~censee, L~censee agrees, without regard to any concurrent or other gross negligence or w~llful m~sconduct of L~censor 0f any) to prowde L~censor w~th comparative ~ndemnlflcat~on for that port~on of the loss or damage which ~s attributable to L~censor's negligence or the actions of L~censee or L~censee employees, contractors or agents These obhgat~ons shall ex~st ~n addition to any other remedies set forth ~n the agreement Nothing here~n shall be construed as a waiver of any governmental ~mmumty defenses 7 INSURANCE L~censee shall ensure that ~ts contractors who enter L~censor's property obtain, and maintain hab~hty ~nsurance coverage, at the contractor's or L~censee's cost and expense, throughout the term of th~s Agreement, ~n at least the following amounts Workman's compensation insurance ~n comphance w~th the laws of the State of Texas, and employer's I~ab~llty ~nsurance w~th m~mmum hm~ts of $500,000 00 per occurrence Comprehensive general I~ab~l~ty insurance fully ~nsunng L~censee against I~abd~ty ~mposed by law for Injury or death of any person or persons, including TI employees and third part~es, or loss or damage to property w~th m~mmum hm~ts of A $500,000 for ~njury or death of each person, B $1,000,000 for any one accident, C $500,000 for property damage for any one accident TI shall be named as an additional ~nsured and shall be granted a waiver of subrogation Such hab~l~ty ~nsurance, both primary and excess, naming TI as an additional insured shall be endorsed to state that such insurance as ~s afforded to TI shall apply as primary insurance and that the "other insurance" prows~ons of the pohcy shall not apply to TI with respect to any additional ~nsurance avadable to TI L~censee agrees to use ~ts best efforts to provide L~censor the benefit of any self- ~nsurance or other equivalent funds which may be avadable to cover habd~t~es ansmg under th~s Agreement, to amounts no less than those which would otherwise be avadable under the ~nsurance hm~ts set forth above 8 NON-ASSIGNABLE Th~s L~cense ~s not assignable, and any attempt to assign or otherwise transfer ~t shall terminate the L~cense pnwleges granted hereto 9 PERMITS, COMPLIANCE WITH LAWS L~censee shall be responsible at ~ts sole cost for obtalmng any required permits and comphance w~th any and all laws and regulations relating to all act~wt~es covered by this L~cense Agreement 10 SURVIVAL OF OBLIGATIONS The obligations set forth ~n paragraphs 3 (Restoration of Property), 6 (Release and Indemmflcat~on), 7 (Insurance) and 9 (Permits, Comphance W~th Laws) here~n shall survive the expiration or termination of th~s Agreement IN WITNESS WHEREOF, the part~es to th~s Agreement have executed th~s document on the date and year appearing next to their respective s~gnatures L~censor L~censee TEXAS IN.S~TR~ATED THE CITY OF DENTON By Lew~s Mc'Mahan By Michael W Jez T~tle wce President, Texas Instruments Inc T~tle C~ty Manager, C~ty of Denton Date March 25, 2001 Date March 25, 2001 Ag,,,,.O 01-- ' Agendaltem I'~ Date~ AGENDA INFORMATION SHEET AGENDA~DATE' March 27, 2001 Questmns concerning this acqmmt~on may be d~rected DEPARTMENT: Materials Management to Tom Shaw 349-7100 ACM: Kathy DuBose, F~seal and Murat:pal Servmes SUBJECT: An Ordinance authorizing F~nanc~ng for Refuse Trucks w~th Government Capital Corporatwn through Lease Purchase Financing, providing for the expenditure of funds therefor, and prowdmg an effective date (Fde 2665 - Effective Rate of 5 33%, apprommate finanemg charges $88,678 44) LEASE / pURCHASE INFORMATION: Th~s ttUrdlparty lease purchase financing arrangement ~s for the funding of the tbarteen refuse tracks approved for purchase on February 20, 2001 m the amount of $1,693,830 A lAst of eqmpment~ and price for each ~s attached as backup for your rewew The lease period will be for 3 years with annual payments of $594,169 48 including finanmng cost due m April of each year The hsted, eqmpment will become the property of the C~ty of Denton at the and of the lease period or April 30, 2003 Government Cap~tal Corporatmn has our current contract for 1999- 2000 Lease Purchase of Fleet Vehmles Chapter 271 005(c) of Local Government Code exempts the acqmmlon of tturd party lease purchase financing from the competition b~d process RECOMMENDATION: We recommend tfus contract be awarded to Government Capital Corporation at an effective rate of 5 33% w~th estimated cost of financmg m the amount of $88,678 44 PRINCIPAL PLACE OF BUSINESS: Government Capital Corporatmn Southlakel TX ESTIMATED SCHEDULE OF PROJECT Funding will be available w~thm 10 days of contract approval The first payment will be due April 3, 2001 The majority of the eqmpment (Refuse Tracks) will be dehvered ~n June/July 2001 Agenda Information Sheet March 27, 2001 Page 2 FISCAL INFORMATION: The finance charges or ~nterest ~n the approximate total amount of $88,678 44 w~ll be prod as a port, on of the annual payment ($594,169 48) from Certificate of Obhgat~on Funds for Fleet acqms~t~ons and treated as a portion of the cost of the vehmles ~nvolved Account (720-025- 0584-9104) · Financial Amount $1,693,830 00 · Annual Payment $ 594,169 48 · Total Cost of F~nanc~ng Charge $ 88,678 44 · Total Eqmpment Acqms~t~on Cost $1,782,508 44 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Eqmpment L~st~ng Attachment 2 Proposal from Government Capital Corporation 1540 Agenda ATTACHMENT 1 EQUIPMENT LIST REFUSE TRUCKS Item Qty Description Supplier Price Extended Price 1 4 Front Load Peterbilt Motors Co $140,985 $563,940 2 2 Rear Load Dallas Fre~ghthner $ 86,089 $172,178 3 2 S~de Load Lone Star Volvo $137,193 $274,386 4 3 Automated S~de Load Peterbilt Motors Co $149,299 $447,897 5 1 Cab/Over Roll-Off Peterbilt Motors Co $108,689 $108,689 6 1 Conventional Cab Roll-Off Dallas Mack $ 98,540 $ 98,540 ORDINANCE NO AN ORDINANCE AUTHORIZING FINANCING FOR REFUSE TRUCKS WITH GOVERNMENT CAPITAL CORPORATION THROUGH LEASE PURCHASE FINANCING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (FILE NO 2665 - EFFECTIVE RATE OF 5 33%, APPROXIMATE FINANCING CHARGES $88,678 44) WHEREAS, On February 20, 2001 the C~ty Council authorized the purchase of thirteen refuse trucks from the lowest responsible bidders pursuant to Ordinance No 2001-078 ~n the total pnnc~pal sm of $1,693,830, and WHEREAS, Section 271 005(c) of the Local Government Code authorizes the C~ty Council, ~n ~ts &scretlon, to contract for the finanmng of personal property, and WHEREAS, the City Council finds that the here~n authorized finanmng of the refuse trucks through a lease purchase agreement with Government Capital Corporation ~s appropriate and ~n the pubhc ~nterest, and WHEREAS, the C~ty Council has provided ~n the C~ty Budget for the appropriation of funds to be expended for the herein authortzed lease purchase agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Council hereby authorizes a lease purchase agreement to finance the acqmslt~on of the thirteen refuse trucks with Government Capital Corporation, smd agreement prowdlng for a financed amount of $1,693,830, having three annual payments, and w~th an effective ~nterest rate of 5 33% SECTION 2 The City Manager, or h~s designee, ~s authorized to enter tnto a lease purchase agreement on behalf of the City in accordance w~th the terms set forth m Section 1 and to expend the funds provided for m Section 1 SECTION 3 Th~s ordinance shall become effective ~mmethately upon ~ts passage and approval PASSED AND APPROVED thts day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY File 2665 - Ordinance from Ed Snyder 3Third Party Leasing 03~01 Page 2 C \WINDOWS\TEMP\Fde 2665 Ordinance from Ed Snyder 3Third Party Leasing 3 01 doc ATTACHMENT 1 EQUIPMENT LIST REFUSE TRUCKS Item Qty Description Suppher Price Extended Price 1 4 Front Load Peterbilt Motors Co $140,985 $563,940 2 2 Rear Load Dallas Frmghthner $ 86,089 $172,178 3 2 S~de Load Lone Star Volvo $137,193 $274,386 4 3 Automated S~de Load Peterbilt Motors Co $149,299 $447,897 5 1 Cab/Over Roll-Off Peterbilt Motors Co $108,689 $108,689 6 1 Conventmnal Cab Roll-Off Dallas Mack $ 98,540 $ 98,540 'Government Capital Corporation CORPORATE OFFICE · 345 Mlron Drive * Southlake Texas 76092 817-421-5400 · Administrative Fax 817-251-3208 · Sales Fax 817 488-8477 Maxch 13, 2001 Mr Tom Shaw C~ty of Denton 215 East McKmnoy Street Denton, Texas 76201 Dear Mr Shaw Thank you for the opport~mty to present proposed financing for the City of Denton for the acqmsltion of Refuse Tracks and Eqmpment The transaction would be as follows LESSOR: Government Capital Corporation LESSEE City of Denton FINANCING STRUCTURE Tax-Exempt Lease/Purchase as Anthonzed under the Texas Pubhc Property Finance Act of 1979 FINANCED AMOUNT $1,693,830 00 Term Three (3) Years - Annual Payments Effective Interest Rate 5 33% Annual Lease Factor. ,3S07846 Annual Payment Amount $$94,169 48 First Payment Due At Signm~ Financing for these projects would be very simple, fast and easy due to the fact that We have an emstmg worhng relationship with the C~ty We have City financml statements on file, expe/htrag the process The City's legal counsel ~s fanuhar w~th our documentatmn The above proposal is subject to an au/bt ~n~lysls and assumes dosing will occur on, or before April 15, 2001 The above rates may be adjusted to equal to matonty Treasunes thereafter If you have any queshons regarding other payment terms or conditions, please feel free to call me Semor V~ce P~sident / ltl,,' ,';,l .,,, TEXAS MUNICIPAL LEASE-PURCHASE AGREEMENT THIS MUNICIPAL LEASE-PURCHASE AGREEMENT (herea~er referred to as "Agreement' ) dated March 27 2001, by and between Government Capital Corporafion, a Texas corporation (hereto referred to as "Lessor"), and City of Denton, a political subthwslon or agency of the State of Texas ~erelnafter WITNESSETH In conslderatmn of the mutual covenants and eondltmns hereinafter set forth the parttes hereto agree as follows Term and Payments Lessor hereby lea~as to Lessee and Lessee hereby leases from Lessor the properW described m Exhth~t A hereto referred to as the' Property") for the amounts to be paid m tho Mums (the "Le0ze Payments") and on the dates (the "Lease Payment Dates") set forth ~n Exhibit B heretu Ex~eptas~pe~¢a~l~pr~vldedmSect~n2her~f~the~bhgatton~ftheLesseet~maketheLeasePayments~a~edf~rmExhthitBheretusha~be hereunder shall commence upon the aceeptence of possession of the Property by Lessee (or acceptance by Lessee of delivery of the first rtem of Property if this Agreement involves rault~pte ~tern~ of Property) and shall continue un0.1 the end of the Lesse¢'s current fiscal period and thereafter for such ad&t~onal fiscal periods as are necessary to c0mptete the anticipated total lease t~rm as set forth m Exhltht B unless earlier terrmnated as provided hereto Lessee will evidence its acceptance of the Property by executing and dehv~rmg to Leseor a Certificate of Acceptance (hereinafter so called) m the form prowded by Lessor 2 Non-Appropriation and Right of Termination The obhgaUons of Lessee to make Lease Payments (called for in Exhthrt B) and to make any other payments to Lessor (or to any other person) pursuant to this Agreement are subject to appropnatmn by the Lessee of funds that are lawfully available to be apphed for such purpose If Lessee falls tu make such au appropmtton prior tua fiscal period of Lessee for the Lease Payments scheduled m such fiscal period, this Agreement shall terrmnate at the end of the last fiscal period tmmedlately preceding the fiscal period for which funds have not been appropriated The Lessee shall dehver notxce to Lessor of such termmatmn at least forty-five (45) days prior to such terrmnatlon,but failure to give such not, ce shafinot prevent the ternunatton oftths Agreement Upon any such temunatlon of this Agreement, all of Lassee's right trtle andlnterest m and its obhgat~ons under this Agreement and tu the Property shall terminate effeettve on the last day of the last fiscal period of Lessee for which such an appropnatmn wa~ made 3 Taxes fuaddltmntothaLeasePayments tu be made pursuant to Scctmn I hereof Lessee agrees tu mderamfyandholdLessorharmless or other taxes, levles, ~mpo8ts, dut,~s or charges if any, together vnth any penalties, fines or tnterest thereon imposed against or on Lessor Lessee or the Property payments for, the Property except any Federal or state m¢on~ taxes, if any payable by Lessor Lessee may contest any such taxes prior to payment provtded such contest does not mvolw any risk of sale, forfeiture or loss of the Property or any interest therein (a) Lessee represents, and va fi prowde an oplmon o fits counsel to the e fleet that it has full power and authority to enter rote this Agreement which has been duly authorized, executed, and dehvered by Lessee and is a valid and bmdmg obhga'aon of Lessee enforceable m accordance with its terms and all requirements for exeeu0.on, delivery and performance of thle Agreement have been, or will be comphed wth in a t~mely manner CO) Lessee has budseted and appropriated for the current fiscal period sufficient funds to make the Lease Payments schedule tu come due in the current fiscal p~nod an d all other payraent~ expected tu come due in the current fiscal period Lessee currently expects to budget and appropriate sufficient funds to pay the Leaao Payments coming due hereunder in each future fiscal period ut the declsmn whether to budget and appropriate funds for any future fiscal penod is solely w~thln the dlscrotuon of the then current governing body of the Lessee (~) There are no pending or threatened lawsum or adrmmstrat~ve or other proeeefungs contesting the authority for authorization of performance of, or expenditure of funds pursuant to, this Agreement (d) thformatmn supplied and statements made by Lessee in any financial statement or current budget prior to or contemporaneously wnh (e) Lassie has an immethate need for, and expects to make tmmedlate use of, substantmfiy all the Property, which need is not temporary or expected to dlrmmsh m the foreseeable future $ Use and LIcenses Lessee shall pay and d~scharge all operating expenses and shall cause the Property to be operated by competent persons of any applicable law, ordinance, rule or regulatmn of any governmental authority, or in a manner contrary to the nature of the Property or the use contemplated by tts manufacturer Lessee shall keep the property at the location stated on the Certfficate of Acceptance executed by Lessee upon dehvery of the Property unuI Lessor, m wining, permits its removal, and the Prnperty shall be used sorely in the conduct of the Lessee s operatmns Lessee shall obtain, at ~ts expense, all registrations perlmtsandheenses, lfany requlredbylawforthemstallahonandoperatlonoftheproperty AnyheenseplatesusedonthePropertyshallbeissued m fue name of the Lessee If a certificate of t~fie ts lssuabte vnth respect to the Property, it shall be delivered to tha Lessor showmg fue interest of the Lessor 6 Maintenance Lessorshallnotbeobhgatedtumakeanyrepairsorrep[acements At lts own expense, Les~eeshallserv~ee, repa~rand alone excepted and shall replace any and all peris thereof wtheh may from t~me to t~me become worn out, lost, stoten destroyed, or damaged beyond repair or rendered unfit for intended use, for any reason whatsoever, all of which replaceraents shall be free and clear of all liens, encumbrances and claims of others and shall become part of the Property and subject to this Agreement Lessor may, at ~ts option, discharge such costs, expenses and insurance premiums necessary for the repmr, malntananee and preservation of the Property, and all sums so expended shall be due from Lessee m adthtton to rental payments hereunder 7 Alterations (a) Lessee may, at its own expense, install or place m or on, or attach or affix to, the Property such equipment or accessories as may be All such eqmpment and accessonas shall be removed by Leseeo upon terrmnat~on of this Agreement provided that any resulting damage shall be repaired at Co) W~thout the written consent of Lessor, Lessee shall not make any other afierat~ons, modifications or improvements to the properly except tothepromslonsherenf W~th~utthepn~rwntten¢~nsent~fLesa~r~Lesseesha~n~ta~x~ratta~ha~y~fthePr~pertyt~anyrea~pr~perty ThePropertyshall remain personal property regardless of whether it becomes affixed or attached to real property or permanently rests upon any real proper~ or any tmprovement 8 [ Liens Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage secu~ty interest pledge lien charge encumbrance or claim on or with respect to the ProperW, title thereto or any mtarest therem, except the respective rights of Lessor and Lessee hereunder 9 Damage to or Destruction of Property Lessee shall bear the entire risk of lost damage theft or destruction of the Property from any and every cause whatsoever, and no loss, damage, destructmn or other event shall release Lessee from the obhgatmn to pay the full amount of the rental payments or from any other obhgatlon under this Agreement In the event of damage to any item of the Property, Lessee vail ~mmethately place the same in good repair, with the proceeds of any insurance recovery apphad to the cost of such repair If Lessor deterrmnes that any item of Property is lost stolen destroyed or damaged beyond repair, Lessee, at the option of Lessee, will either (a) replace the same w~th like property m good repair or Co) on the next Lease Payment Date, pay Lessor (0 ali amounts then owed by Lessee to Lessor under this Agreement, including the Lease Payment due on such date, and (t0 an amount equal to the appheable Option to Purchase Value set forth m Exhibit B 10 Insurance Lessee shall either be self insured vath regard to the Property or shall purchase and maintain insurance with regard to the Property Lessee shalhnthcate on each Certificate of Acceptunce executed m relatmn to this Agreement its election to be salf insured or company insured with regard to the Property listed on that cemficate of Acceptance Whether Lessee ts self insured or company insured Lessee shall, for the term of this Agreement, lessees of property ora character strmlar to the Property In adthtton, Lessee shall, for thc term of this Agreement at its own expense, provide casualty insurance reqmred to be made pursuant to Section 1 as ofthe last precethng Payment Date specified m Exhth~t g on whmh a Lease Payment was made Ifmsurance pohctes are provided with respect to the Property all insurance pohcles shall be w~th insurers authorized to do business m the State where the Property ~s located and shall name both Lessor and Lessee as insured as their respective interest may appear Insurance proceeds from casualty losses shall be payable solely to the Lessor, subject to the provisions of Section 9 Lessee shall, upon requcsh dehver to Lessor evidence of the required coverage together vath premmm receipts and each Lessee shall also carry and reqmre any other person or entity working on, m or about the Property to carry workmen s compensation insurance covenn8 employees 11 Indemnification Lessee shall mdurtmt fy, to the extent permitted by law and save harmless Lessor and its agents, employees, officers and directors from and, at Lessee's expense, defend Lessor end its agents employees officers and threctors agamst allliablllty obhgat~ons losses damages penalues claims actions costa and expenses (including but not hrmted to reasonable attorneys fees) of whatsoever kind or nature which m any way relate to or arise out ~fthtsAgreement~rthe~wners~p~rental~p~ssess~n~pc`rat~n~c~ndttt~n'sale~rr~tum~fthePr~perty All amounts wthch become due from Lessee under this Scchon 11 shall be credited with any amounts received by the Lessor from insurance provided by the Lessee and shall be payable by Lessee vnthm thirty (30) days following demand therefor by Lessor and shall surreys tho ternunatwn or expiration of this Agreement 12 No Warranty EXCEPT FOR RIgPRESENTATIONS, WARRANTIES, AND SERVICE AGREEMENTS RELATING TO THE PROPERTY MADE OR ENTERED INTO BY THE MANUFACTURERS OR SUPPLIERS OF THE PROPERTY ALL OF WHICH ARE HEREBY ASSIGNED TO LESSEE, LESSORHAS MADE AND MAKES NO REPRI~SENTATION OR WARRANTY, EXPI/~SS OR IMPLIED AND AS SUMES NO OBLIGATION WITH RESPECT TO THE TITLE MERCHANTABILITY, CONDITION QUALITY OR FITNESS OF THE PROPERTY DESCRIBED IN EXHIBIT A FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPECIFICATION OR PURCHASE ORDER, ITS DESION, DELIVERY rNSTALLATION OR OPERATION A~suchnskssha~hab~mebyLesseevath~ut~nanywa~ex~us~ngLessecfr~mita~b~lgatt~nsunderthisAgr~ement~and LessorshallnotbehabletoLessceforanydamagesonaccountofsuchnsks Allclatmsoractlonsonanywarrantysoassignedshallbemadeorprosecutedby 13 Option to Purchase Provided Lessee has comphed with the terms and conditions of this Agreement Lessee shall have the option to purchase not less than all of the Property wluchls then subject to this Agreement,"as is at the payment date for the Option to Purchase Values set forth in Exhthtt B by gtmng written notice to Lessor not less than sixty (60) days prior to the date specffied m Exhth~t B for the exercise of such option promded that upon Lessee's Umely payment of all Lea~e Payments specified m Exlubtt B Lessee shall be deemed to have properly exercised ~ts option to purchase the Property and shall be deemed to have acquired all of Lessor's nghh ttfle and interest in and to the Property, free of any hen, encumbrance or security ~nterest except such liens, encumbrances~rsanuntymterestasmaybe¢reated~rpermittedendn~td~scharged~byLesse~butwtth~ut~therwarrantt~s Payment of the apphcable Option to Purchase Value shall occur on the applicable Lease Payment Date specified m Exhth~t B hereto, at which t~me Lessor shall, unless not reqmred hereunder dehver to Lessee a qmtolatm bill of sale trensfernng Lessor's interest m the Property to Lessee free from any hen, encumbrance or security interest except such as may be created, or perrmtted and not discharged, by Lessee but w~thout other warranUes Upon Lessee s actoal or constructive payment of the Optlon to Purchase Value and Lessors actual or constructive delivery ora quitclaim bill of sale covenng the Property this Agreement shall temunate except as to obhgatmns 14 Default and Lessor's Remedies (a) The occurrence of one or more of the following events shall constitute an Event of Default whether occumng voluntarily or el Lessee fails to make any payment hereunder when due or within ten (10) days thereafter ~} Lessee fails to comply w~th any other covenant, condition or agreement of Lessee hereunder for s period of the ten (10) days ~} Any representatmn or warranty made by Lessee hereunder shall be untrue In any material respect as of the date made herein, or any part of the Property or any interest therein, or I~ Lessee becomes insolvent, or admits m writing its mabthty to pay its debts as they mature, or applies for, consents to or or acquiescence, a trustee, receiver or custodian ts appmnted for Lessee or a substantial part of its property and ts not discharged wahm sixty (60) days or any (b) Upon the occurrence of any Event of Default specified herein Lessor may at ~ts sole discretion exercise any or all of the or to cause Lessee to perform tis other obhgatmns hereunder m which event Lessee shall be hable for all costs and expenses recurred by Lessor o} Terrmnate this Agreement and repossess the Property, ~n which event Lessee shall be hable for any amounts payable hereunder through the date of such temunat~on and all costs and expenses mOUlTed by Lessor in connection therewith, Is} Sell the Property or any potash thereof for Lessor's account at public or private sale, for cash or credit, without demand on notice to Lessee of Lo, sags intention to do so, or relet the Property for a term and a rental which may be equal to, greater than or less than the rental and term prowded harem If the proceeds from any such sale or rental payments meowed under a new agreement made for the periods prior to the expiration of th~s Agreement are less than the sum of(l) the costs of such repossession, sale, relocation, storage reeonthUonmg relettmg and remstallatlon (maludmg but not hm~ted to reasonable attorneys' fees), (Ii) the unpaid pnno:pal balance derived from Exhthlt B as of the last precethng Lease Payment Date spemfied m Exhth~t B, and (lis) any past due amounts hereunder (plus interest on such unpald pnnmpal balance at the rate spemfied ~n Section 20 hereof, prorated to the date of such sale) all of which shall be pa:d to Lessor, Lessor shall retain all such proceeds and Lessee shall remain hable for any defimency or o~ Pursue and exercise any other remedy avmlab[e at law or in equity, m which event Lessee shall be liable for any and all costs and expenses recurred by Lessor m connection therewith 'Caste and expemes," as that term ts used m this SecUon 14, shall mean, to the extent allowed by law (0 reasonable a'aomeys' fees ffth:s Agreement is referred for collection to an attorney not a salaried employee of Lessor or the holder of tths Agreement, (It) court costs and thsbursemente including suehcosts In the event of any actlonnecessary to secure possession of the Property and (tis) actual and reasonable out of pocket expenses recurred in cannect~on w~th any repossessmn or forecloanra, maluthng costs of stonng recondtuomng and reselling the Property, subject to the standards of good fa:th and commermal reasonableness set by the apphcable Un:form Commercial Code Lessee wawes ail rights under all exemptmn laws te Under no ¢lmumstances shall Lessee be liable under this subsectmn 14 (b) for any amount m excess of the sum appropriated pursuant to Secnon 1 hereof for the pre'~ous and current fiscal years less all amounts previously due and paid dunng such prewous and current fiscal years from amounts so appropriated 15 Termination Unless Lessee has properly exercised :ts option to purchase pursuant to Section 13 hereof, lessee shall upon the expiration of the term of this Agreernant or any earlier tenrana'aon hereof pursuant to the terms of this Agreement deliver the Property to Lessor unencumbered and ~n at least as good sandmen and repair as when dehvered m Lessee, ordinary wear and tear resulting from proper use alone excepted, by loading the Property at Lessee's sole expense, on such earner or dehvermg the Property to such local, on as Lessor shall provide or designate at or w~thln a reasonable thstance from the general location of the Property If Lessee fails to deliver the Property to Lessor, as promded m this Sectmn 15 on or before the date of temunatlon of this Agreement Lessee shall pay to Lessor upon demand, for the hold over period a portmn of the total payment for the applicable period as set forth m Exfublt B prorated from the date of terrmnaUon of this Agreement to the date Lessee either redehvers the Property to Lessor or Lessor repossesses the property 16 Assignment W~thout Lessor's prior written consent, Lessee wall not either (0 assign, transfer, pledge hypothecate, grant any security mterest in or otherwise dispose of th:s Agreement or the Property or any interest m th~s Agreement or the Property or(h) sublet or lend the Ptoperty or permlt it to be used by anyone other than Lessee or Lessee's employees Lessor may assign als rights txtle and interest m and to th~s Agreement, the Proper~ and any other documents exanuted w}th respect to tlus Agreement and/or grant or assign a security interest m th:s Agreement and the Property, ~n whole or tn part Any such assignees shall have all of the rights of Lessor under th~s Agreement Subject to the furegolng, th~s Agreement mutes tu the benefit of and ts binding upon Agreement or the Property shall be effectwe with regard to Lessee unless and until Lessee shall have recewed a espy of the document by whmh the assignment or reassignment ts made, d}selosmg the name and address of anch assignee No further action wall be reqmred by Lessor or by Lessee to evidence the assignment record of all such assignments m form necessary to comply wth the Umted States Internal Revenue Code of 1986 Seetmn 149 (a), and the regulations proposed or existing, from time to nme promulgated thereunder 17 Perannal Property The Property ts and shall at all 'ames be and remain personal prnperty 18 Title Upon acceptance of the Property by Lessee hereunder Lessee shall have Utle to the Property dunng the term ofth~s Agreement however ~n the event of (l) an Event of Default hereunder and for so long as such Event of Default ts continuing or (10 terrmnaUon of thas Agreement pursuant to the provts~ons of Section 2 hereof, t~tle shall be reverted immediately in and shall revert to Lessor free of any right, ratio or ~nterest of Lessee unless Lessor elects 19 Lessor's Right to Perfurm for Lessee If Lessee fats to make any payment or perform or comply wth any of~ts covenants or obl~gatmns hereunder Lessor may, but shall not be required to, make such payment or perform or comply with such covenants and obbgnt~ons on behalf of Lessee and the amount of any such payment and the expenses (maludmg but not brmted to reasonable attorneys fees) incurred by Lessor m perforrmng or complying with such covenants and obhgatmns, as tho case may be together w~th interest thereon at the highest lawful rate, shall be payable by Lessee upon demand 20 Interest on Defanlt If Lessee fails to pay any Lease Payraent specffied m Section 1 hereof w~thm ten (10) days after the due date thereof Lessee shall pay to Lessor interest on such dehnquent payment from the duc date untd pa~d at the h~ghest iawful rate given by cemfied or registered mad, and shall be deemed to have been given and received forty eight (48) hours a~er a regrstered or certified letter containing such notice, postage prepaid, ts deposited m the Umted States maxi, and ~f given otherwise shall be deemed to have been gwen when delivered to and recewed by the party to whom ~t ts addressed Such not~ce shall be gwan to the part:es at thmr respeeav¢ addresses designated on the s~gnature page of th~s Agreement 22 SeeurEy Interest As security for Lessee's covenants and obhgat~ons hereunder Lessee hereby grants to Lessor and its successors a security interest m the Property, all accessions thereto and proceeds therefrom, and in addition to Lessor's rights hereunder, all of the rights and benefits of a secured party under the Uniform Commermal Code as m effect from nme to time hereafter m the State ~n wfuch the Property ts located or any other State wthch any other mstrumente 'ruth respect to the Property or this Agreement considered necessary or desirable by Lessor to perfect and contmue the security interest granted harem m aanordance with the laws of the apphcable junsthctton Lessee hereby authorizes Lessor or ~ts agent or assigns to sign and execute on Its behalf any and all necessary UCC-I forms to perfect the Purchase Money Security interest harem above granted to Lessor 23 Tax Exemption Lessee acknowledges and agrees that the Lanan Payments have been calculated by Lessor assuming that the Interest port~on of each Lease Paymelat ts exempt from Federal Income Taxatlan Lessee represents warrants and covenants that ~t wdl do or reft'mn from domg all things necessary ~rap~mpnatet~msurethatthemter~stp~n~ftheLeasePaymantsts~xemptfr~mFederal~nc~r~eTaxatmn including butnotlan~tedto executmgandfihng all mfurmatmn statements reqmred by SecUon 149(e) of the Internal Revenue Code of 1986 as amended and mneiy paying, to the extent of avadabie funds amounts reqmred to be rebated to the Umted States pursuant to Section 148(0 of the Internal Revenue Code of 1986 as amended 24 Miscellaneous may, for the purpose of inspection, at all reasonable times enter upon any job, building or place where the Property and the books and records of thc Lessee with I(b) Lessee vail take no action that would cause the interest port,on of the Lease Payments to become coverage in gross income of the remplent for federal raceme tax purposes under the Internal Revenue Code of 1986 (the "Code") and Treasury Regulatmns promulgated thereunder (the "Regulattons ), and Lessee will take end will cause its officer~, employees and agents to take all affirmative actions legally within its power necessary to ensure that the interest portion of the Lease Payments does not become coverage in gross raceme of the recipient for federal income tax purposes under the Code and Regulations (c) Lessee agrees to cqmtably adjust the payments payable under th~s Agreement ffthere ts a deterrmnatmn for any reason that the interest payable pursuant to ti'tis Agreement (as incorporated wsthm the schedule of payments) ~s not excludable from income in accordance wtth the Internal Revenue Code of 1986 as amegded, such as to make Lessor and its assigns whole l(d) T~metsoftheussenoe Noenvenentorobhgatlonshereunder tobepefformedbyLesseemaybewalvedexeeptbythewnttenconsent of Lessor, and a waiver of any such covenant or obhgat~on or a forbearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver of such covenant or obhgatlon as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to Lessee's cure of the eontht~on giving nsc to such remedy Lessor's rights hereunder are cumulative and not alternative (~) 'flus Agrenment shall be construed tn accordance with, and governed by, the laws of the State in which the Property ls located (0 This Asre~n~nt eons'atutos the entire agreement between the pomes and shallnot be modified, waived, discharged, tenrmnated amended altered or changed m any respect except by a written document signed by both Lessor and Lessee ,(g) Any term or provts~on of th~s Agreement found to be prohtblted by law or unenforceable shall be ineffective to the extent of such prohlblnon or unenforceabfl~ty vathout, to the extant reasonably possible, mvahhatmg the remainder of this Agreement I(h) The Lessor hereunder shall have the right at any ttme or t~mes by not, ce to Lessee, to designate or appoint any person or en'a ty to act as agent or trustee for Lessor for any purposes hereunder (l) Alltrensporta'ennchargesshallbebomobyLessee LesseewflllmmedmtolynotffyLessorofanychangeoccernngmortotheProperty of a change in Lesseo*s address, or in any fact or circumstance warranted or represented by Lessee to Lessor, or tf any Event of Default occurs O) Use of the neuter gender harem ~s for purposes of convemence only and shall be deemed to mean and include the masculine or feminine gender whenever and wherever appropriate (k) Tho capnons set forth heroin are for convemence of reference only and shall not define or hmlt any of the terms or pmmslons hereof (I) Except as oth~x~nse prowded herein, thts Agreement shall be binding upon and inure to the benefit of the Pomes hereto and their EXHIBIT A DESCRIPTION OF PROPERTY MUNICIPAL LEASE-PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN LESSOR, Government Capital Corporatton a.d LESSEE, City of Denton Dated as of March 27, 2001 QTY DESCRIPTION REFUSE TRUCKS as follows Four (4) Peterbilt Front Load Two (2) Frmghthner Rear Load Two (2) Volvo Stale Load Three (3) Peterbilt Automated S~de Load One (1) Peterbilt Cab/Over Roll-Off One (1) Mack Conventmnal Cab Roll-Off VIN numbers prowded on dehvery PROPERTY LOCATION Cxty of Denton Service Center, 90lB Texas Street GOVERNMENT CAPITAL CORPORATION GOVERNMENT CAPITAL CORPORATION LESSEE C~ty of Denton Equipment Cost $1,693,830 00 Financed Amount $1,682,290 47 Effecbve Rate 5 33000% Interest Rate 6 08000% PMT PMT DATE TOTAL INTEREST PRINCIPAL OPTION TO PURCHASE NO MO DAY Y PAYMENT PAID PAID after pmt on th~s line 1 @ s~gmng $594,169 53 $0 00 $594,169 53 $1,108,731 09 2 03/27/02 $594,169 53 $66,157 75 $528,011 78 $567,226 29 3 03/27/03 $594,169 53 $34,060 37 $560,109 16 $1 00 Grand Totals $1,782,508 59 $100,218 12 $1,682,290 47 ACCEPTED BY LESSEE l; Tom D Shaw, Purchasing Agent AGENDA INFORMATION SHEET AGENDA DATE March 27, 2001 Questions concem~ng this acqulsmon may be d~rected DEPARTMENT: Matenals Management to Paul Wflhamson 349-8390 ACM' Kathy DuBose, Fiscal and Mumc~pal Services (~]J~ ~/.' ~O'~b~e SUBJECT: An Ordxnance authorizing the executmn of change order two to the personal services contract provldxng technical support for right-of-way acqummon assomated wxth U S 77 Road Widening Project between the City of Denton and Roger Wilkinson, prowdmg for an increase ~n the scope of work and an increase in the payment amount, and prowdxng an effective date (Purchase Order 92249-01 to Roger Wilkinson m the amount of $145,000 plus change order two ~n the amount of $48,600) CHANGE ORDER INFORMATION: When the original profesmonal services agreement w~th Roger Wilkinson for teohmcal support for right-of-way acqmsmon associated w~th U S 77 Road W~demng Project was set up, the precise nmnber of hours required was unknown The dollar amount $120,000 was a calculated estimate When we reached the 75% complete mark w~th the right-of-way acqmsmon phase of the project we requested an add~txonal $25,000 (Change Order one) fully anticipating the adcht~onal requested amount would cover Roger Wllkmson's assmtance to closure of right-of- way acqummon Dunng the past year, as we oollecnvely worked wnh the property owners, n became apparent that most of the easier, agreeable transactions were behind us Presently, the balance of the outstanding TxDOT fee aequlsmon ~s 13 tracts Of those, two tracts are slated for the March 27, 2001 C~ty Council meeting for contract approval We have eight TxDOT fee acqmmtl0n tracts in varying stages of eminent dommn proceedings with CC endorsement for each That leaves three tracts that will reqmre focused attention for closure and ~t ~s ant~mpated that we will have to condemn at least one of them Also, we now have five additional drainage and slope easements that have only recently been ~dent~fied because of the finahzat~on of the Locust Street/F M 2164/Elm Street couplet demgn by TxDOT Acqmsmons of these five tracts were not with in the ongmal scope of work contemplated by our contract and Change Order One with Roger We have made a commitment to TxDOT that we will have all of the right-of-way clear by Sune 4, 2001 so that the w~demng project can be b~d on that date Local TxDOT officials have indicated that the road construction plans are complete and the money for the widening project ~s allocated and that they are wmtmg on us to finish acqulsmons In addition to Roger's services for TxDOT fee acqmmt~ons, part of h~s contract involves acqmmtlon of the utility easement necessary to famhtate relocation of the electric, water and sewer infrastructure m confl~et w~th proposed TxDOT widening ~mprovements When the m~tml contract and change order contract amounts were contemplated we did not have an accurate count on the number of easements that would be needed, since utility relocation demgn was incomplete Ultimately there were 70 easements overall ~dentlfied for acqmsltlon To date there are 14 yet to be acquired, beyond those associated with TxDOT fee eminent domain takings Agenda Information Sheet March 27, 2001 Page 2 CHANGE ORDER INFORMATION (CONTINUOUSLY) Presently, after analyzing all of the outstanding parcels, both fee and easements, we anticipate an additional costs for Roger's services as follows TxDOT fee acqmsltlons 480 hours x $60/hr = $28,800, Water/Wastewater easements 330 hours x $60/hr = $19,800 which would equate to a grand total of $48,600 additional consideration for his services Change Order Two ($48,600) is intended for the balance of services to close th~s project RECOMMENDATION' We recommend change order one be approved in the amount of $48,600, and revise the contract amount to $193,600 PRINICpAL PLACE OF BUSINESS: Roger Wilkinson Denton, TX ESTIMATED SCHEDULE OF PROJECT R~ght-of-Way acquisition is scheduled for completion within the next 90-120 days PRIOR ACTION/REVIEW (COUNCIL BONDS COMMISSION) Council approved the original personal services contract with Roger Wilkinson on November 17, 1998 (Ordinance No 98-399) in the amount of $120,000 Council approved Change Order One or March 21, 2000 (Ordinance 2000-103) in the amount of $25,000 FISCAL INFORMATION. Change Order One will be funded from the following accounts · 452-020-STRT-9753-9105 $28,800 · 662-081-RB89-8560 $11,880 · 675-082-RB96-V819-8560 $ 7,920 $48,600 The new contract amount will be $193,600 Agenda Ii, formation Sheet March 27, 2001 Page 3 Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhas~ng Agent Attachment 1 Pumhase Order 92249-01 (Change Order Two) to Roger Wfllonson 1541 AGENDA ATTACHMEN~o~B TEXAS STREET CITY OF DENTON, TEXAS DENTON, TX 76201 PURCHASE ORDER P o NUMBER CATE/VENDOR NO DOCUMENT TYPE 92249-01 03-15-01 ~25 I WIL07500 VENDOR SHiP TD ROGER WILKINSON CENTRAL RECEIVING S25 2201 NORTH LAKE TRAIL ENGINEERING 901 B TEXAS ST DENTON TX 76201 DENTON TX 76201 TEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO LINE AMOUNT 01 452 020 STRT 9?53 9105 0 O0 TECHNICAL 5UPPOR US ?? 28,800 O0 WIDENING 02 662 081RB8g R819 8560 0,00 TECHNICAL SUPPORT US ?? 11,880 O0 UTILITY RELOCATE 03 6?5 082 RD96 V819 8560 0 O0 TECHNICAL SUPPORT US ?? 7,920 O0 UTILITY RELOCATE ALL OF ABOVE INCONdUNCTION WITH PC 92249 AND 92249-00 TOTAL FOR P 0 48,600 O0 rhe City of Denton, Texa) )s tax exempt-House Bill No 20 Reference PO Number on ali B/L, Shipments and Invoices Shipments are FOB City of Denton, or as mdlcated By Purchasing Division RR Number Items Received Date Voucher Number Amount ORDINANCE NO AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER TWO TO THE PERSONAL SERVICES CONTRACT PROVIDING TECHNICAL SUPPORT FOR RIGHT- OF-WAY, ACQUISITION ASSOCIATED WITH U S 77 ROAD WIDENING PROYECT BETWEEN THE CITY OF DENTON AND ROGER WILKINSON, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 92249-01 TO ROGER WILKINSON IN THE AMOUNT OF $145,000 PLUS CHANGE ORDER TWO IN THE AMOUNT OF $48,600) WHEREAS, on November 17, 1998 (Ordinance 98-399), the City awarded a Personal Servmes Contract to Roger Wilkinson m the mount of $120,000, and WHEREAS, on March 21, 2000 (Ordinance 2000-103), the City approved change order one in the Personal Service Contract to Roger Wilkinson in the amount of $25,000, and WHEREAS, the City Manager has recommended to the Council that a change order be authonzec[ to amend such contract agreement with respects to the individual performing the service in the amount prowded for herein, Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the change order two increasing the amount contract of the agreement between the City and Roger Wilkinson, on file in the office of the Purchasing Agent, in the amount of Forty Eight Thousand Six Hundred and no/100 Dollars ($48,600), is hereby approved and the expenditure of funds therefor is hereby authorized The master contract amount is amended to read $193,600 SECTION II That this ordmance shall become effective lmmechately upon its passage and approval PASSED AND APPROVED this the day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By HERBE~_~I~OUTY,~ ATTORNEY CHANGE ORDER. to P~ASE ORDER 92249-01 ORDINANCE -2001 AGENDA INFORMATION SHEET AGENDA DATE: March 27, 2001 Questions concerning th~s acquisition may be d~rected DEPARTMENT: Materials Management to Christy Slarchak 349-7143 or Bruce Henmgton 349-7100 ACM: Kathy DuBose, Fiscal and Municipal Servlces0~g. ~ SUB,JEC~: An Orchhance accepting competitive bids and awarding a pubhc works contract for the constructmn for re-roofing of C~ty Hall West, prowd~ng for the expenditure of funds therefore, and providing for an effective date (Bid 2637 - Re-Roofing of C~ty Hall West, awarded to C D McKam~e Company, m the amount of $120,000 ) BID INFORMATION: Th~s bid 1~ for the construction for the Re-roofing for C~ty Hall West, 221 North Elm Street The project ~n~:ludes all mater~al and labor to provide a coal-tar extended electrometr~c built-up roof system of, the famhty on the low slope areas and prowde clay t~le roofing on the sloped areas as ~ndmated ~n the spec~fmat~ons and drawings The flmshed project w~ll have no effect on the appearance of the bmld~ng The old clay t~le will be mchwdually removed and reinstalled RECOMMENDATION: It ~s recommended that this project be awarded to the lowest responsible bidder, C D McKam~e Company~ Justin, TX, ~n the amount of $120,000 C D McKam~e Company confirmed their b~d by letter-dated March 13, 2001 Three b~ds were received ~n response to th~s sohc~tat~on C D McKamle Company's b~d was 17% below the next low b~dder and 20 8% below the estimated costs for th~s project C D McKarme's confirmation and the techmcal data reflects that th~s work can be performed for $120,000 due to McKam~e owning his own eqmpment and not hawng to submit Im his bid costs for rental eqmpment McKam~e has done prewous work for the C~ty of Denton a~d ~s very fam~har w~th the C~ty's reqmrements for this type project It ~s ~n the best ~nterest of the C~ty of Denton to award to C D McKam~e Company, Re-Roofing of C~ty Hall West PRINCIPAL PLACE OF BUSINESS: C D McKanue Company Justin, TX ESTIMA~TED SCHEDULE OF PROJECT: It is antm~pated that the Not~ce to Proceed w~ll be ~ssued on or about April 9, 2001 Estimated completion date ~s September 16, 2001 (160 days from Notme to Proceed) Agenda Informauon Sheet March 27; 2001 Page 2 FISCAL INFORMATION' The Re-Roof of City Hall West will be funded from Certificate of Obhgat~on funds for Bmld~ng Improvements Account (480-032-BLDG-0118~9101) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1542 Agenda ATTACHMENT 1 TABULATION SHEET BID 2637 Date 3/6/01 REROOFING CITY HALL WEST No I DESCRIPTION VENDOR VENDOR VENDOR ~, JOHNSON CBS ROOFING C D MCKAMIE ROOFING COMPANY Pnnc~ple Place of Bus~ness WACO, TX DENTON, TX JUSTIN, TX TOTAL BASE BID $140,810 $168,000 $120,000 1 Acknowledge Addendum Yes Yes Yes ORDINANCE NO AN ORD]~qANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION FOR RE-ROOFING OF CITY HALL WEST, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2637 - RE-ROOFING OF CITY HALL WEST, AWARDED TO C D MCKAM~ COMPANY, IN THE AMOUNT OF $120,000) WHEREAS, the City has sohc~ted, received and tabulated competitive bids for the construction of pubhc works or ~mprovements ~n 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 hereto described bids are the lowest responsible bids for the construction of the pubhc works or improvements described in the bid lnwtatlon, b~d proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or Improvements, as described ~n the "Bid Invitations", "B~d Proposals" or plans and specifications on file m the Off~ce of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids B~D NUMBER CONTRACTOR AMOUNT 2637 C D McKamle Company $120,000 SECTION I] That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submattmg the b~d for construction of such public wo~'ks or improvements herein accepted and approved, until such person shall comply with alt reqmrem6nts specified in the Notice to Bidders including the timely execution of a written contract and furm~hmg of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION llI That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or ~mprovements m accordance with the bids accepted and approved here~n, provided that such contracts are made in accordance with the Not~ce to B~dders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained there~n SECTION IV That upon acceptance and approval of the above competitive b~ds and the execut~onlof contracts for the pubhc works and improvements as authorized heroin, the C~ty Council hereby authorizes the expenchture of funds ~n the manner and ~n the amount as specified ~n such approved bids and authorized contracts executed pursuant thereto SECTION V That this orchnance shall become effective ~mmechately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Bid 2637 - Re-Roofing of City Hall West CONTRACTUAL ORDINANCE AGENDA INFORMATION SHEET AGENDA DATE: March 27, 2001 Questions concerning th~s acqms~tion may be d~rected DEPARTMENT: Materials Management to Ross Chadwick 349-8101 ACM: Kathy DuBose, F~scal and Municipal Services ~/~[L~ SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of a 2000 GPM Pumper Fire Truck, prowdmg for the expenditure of funds therefore, and providing an effective date (B~d 2626 - 2000 GPM Pumper Fire Truck awarded to KME Fire Apparatus/Flrestorm, LLC ~n the amount of $322,690) BID INFORMATION: Th~s bid ~s for the purchase of a 2000-gallon per m~nute pumper fire fighting apparatus or fire truck The recommended truck is a umt very s~mdar to other units currently in our fire fighting fleet It ~s manufactured by Kovatch Mobile Equipment Corp to City of Denton specifications It w~ll be powered by a 430 horsepower d~esel engine, with an Allison New Word 5 speed automatic transmission, a 2000 GPM Waterous Pump and a 500-gallon water storage tank for "first amval capablhtles" RECOMMENDATION: We recommend th~s b~d be awarded to the lowest responsible b~dder, KME F~re Apparatus/Flrestorm, LLC, ~n the amount of $322,690 PRINCIPAL PLACE OF BUSINESS: KME Fire Apparatus F~restorm Nesquehomng, PA I-hghland V:llage, TX ESTIMATED SCHEDULE OF PROJECT. Quoted delivery of th~s umt ~s 310-340 days after receipt of an order an approximately the first week m March 2002 FISCAL INFORMATION: Th~s firefightmg apparatus, fire truck, will be funded from Cemficate of Obligation sold for vehicle pumhases, account (720-025-0584-9104) Agenda Information Sheet March 27, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1543 Agenda ATTACHMENT 1 TABULATION SHEET BID 2626 Date 2/27/01 2000 GALLON PUMPER FIRE FIGHTING APPARATUS (FIRE TRUCK) No.I Qty I DESCRIPTION VENDOR VENDOR VENDOR VENDOR ATC AMERICAN EMERGENCY KME / F~restorm PIERCE MFG LA FRANCE VEHICLES OF TX Principle P'l'ace of ~ Bus,ness WICHITA FALLS,TX HIGHLAND VILLAGE TX N RICHLAND HILLS, TX APPLETON, WI 2000 GPM PUMPER FIRE FIGHTING $333,796 $322,690 $380,000 $344,541 1 APPARATUS 1 (FIRE TRUCK) DELIVERY 210~270 DAYS 310-340 DAYS 240 DAYS 210-240 DAYS ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 2000 GPM PUMPER FIRE TRUCK, PROVIDING FOR THE EXPEND~[TURE OF FUNDS THEREFORE, AND PROVDING AN EFFECTIVE DATE (BID 2626 - 2000 GPM PUMPER FIRE TRUCK AWARDED TO KME FIRE APPARATUS/FIRESTORM, LLC IN THE AMOUNT OF $322,690) WHEREAS, the City has solicited, received and tabulated competitive b~ds for the purchase of necessary materials, equipment, supphes or serwces in accordance w~th the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has rewewed and recommended that the here~n described b~ds are the lowest responsible bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided m the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supphes or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered b~ds for materials, equipment, supplies, 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 responsible bids for such items BID VENDOR AMOUNT 2626 KME F~re Apparatus/F~restorm, LLC $322,690 SECTION II That by the acceptance and approval of the above numbered items of the submitted b~ds, the C~ty accepts the offer of the persons submitting the b~ds for such items and agrees to purchase the materials, equipment, supplies or services ~n accordance w~th the terms, specifications, standards, quantities and for the specified sums contained In the Bid Invitations, B~d Proposals, and related documents SECTION III That should the C~ty and persons subrmttmg approved and accepted ~tems and of the subrmtted bads w~sh to enter into a formal written agreement as a result of the acceptance, approval, and awarchng of the bids, the C~ty Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance w~th the terms, conditions, specifications, standards, quantities and specified sums contmned in the B~d Proposal and related documents hereto approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor m the amount and m accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effecnve immediately upon its passage and approval PASSED AND APPROVED [bls day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2626 - SUPPLY-SERVICES ORDINANCE 2001 AGENDA INFORMATION SHEET AGENDA DATE: March 27, 2001 Questions concerning th~s acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Kathy DuBose, Fiscal and Mumclpal Services ~"~ SUB,]ECT: An Ordinance accepting competitive bids and awarchng an annual contract for the purchase of Water Treatment Chemacals, prowchng for the expenditure of funds therefore, and providing an effective date (Bid 2639 - Water Treatment Chemicals awarded as listed ~n the annual estimated amount of $632,000) BID 1NFORMATION: This b~d is for the annual contract to supply water treatment chemicals for the water production and wastewater treatment process The chetmcals are dehvered m bulk quantities into onslte storage faclhtles RECOMMENDATION We recommend this bid be awarded to the lowest responsible b~dder for each item as hsted below Item Description Price Vendor LIQUID CHLORINE, 110875 DPC INDUSTRIES 1 NSF 60 CERTIFIED LIQUID CHLORINE, 0 45 HARCROS 2 NSF 60 CERTIFIED SULPHUR DIOXIDE, 0 215 HARCROS 3 NSF 60 CERTIFIED FLUOROSILICIC ACID, 0 0715 PENCCO 4 NSF 60 CERTIFIED LIQUID CAUSTIC SODA, 0 2095 DPC INDUSTRIES 5 NSF 60 CERTIFIED POTASSIUM PERMANGANATE, NSF 60 1 254 CARUS CHEMICAL 6 CERTIFIED ANHYDROUS AMMONIA, 0 36 DPC INDUSTRIES 7 NSF 60 CERTIFIED SUFURIC ACID, 0 0295 SCHOLLE 8 NSF 60 CERTIFIED CATIONIC POLYMER, 0 415 POLYDYNE 9 NSF 60 CERTIFIED SODIUM HYPOCHLORITE, 0 78 DPC INDUSTRIES 10 NSF 60 CERTIFIED The lower price offered by BBB Femhzer Company on Item 7 was for commercial grade not premium as required The lower price on Item 2 for 150 Lb Chlonne Cyhnders was not f~rm for a full year Agenda Information Sheet Mamh 27, 2001 Page 2 PRINCII~AL PLACE OF BUSINESS: DPC Harcross Penco Clebum, TX Dallas, TX San Fehpe, TX Scholle Polydyne Cams Garland, TX Rlceboro, GA Peru, 1L ESTIMATED SCHEDULE OF PROJECT: Th~s ~s an annual contract w~th prices, terms and conditions remmmng ~n effect through March 6, 2002 Dehvery of ~nd~wdual chenucal vanes from 3 days to 2 weeks and wdl he ordered as needed FISCAL ~NFORMATION: Funding for these Water Treatment Chemmals wall come from 2000-2001 Budget Fund Account (620-081-0460-8105) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchastng Agent Attachment 1 Tabulation Sheet 1544 Agenda ~ o Z Z o Z z o o o T - 0 o 0 0 0 m 0 0 0 ~ ~ Z Z Z Z 0 Z Z Z 0 0 0 0 0 0 0 o 0 0 ~ Z Z Z Z Z Z Z o Z Z ~00000000 ~ z z z z z z z z m 0 0 0 0 0 0 0 0 0 ~v 0 < ~ 0 0 0 0 °~ ~ ~ ~ z z z z ~ 0 ~ m m m ~ · m m m m m ~g ~000°000000~ ~ m Z Z Z ~ Z Z Z Z Z Z i° = o 0 o 0 0 ~ _ _ ~z~z~z ~zmz z~z~z z 0 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2639 - WATER TREATMENT CHEMICALS AWARDED AS LISTED IN THE ANNUAL ESTIMATED AMOUNT OF $632,000) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the approprmtion of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM VENDOR AMOUNT 2639 1,5,7,10 DPC Industries Exhibit "A" 2639 2,3 Harcros Exhibit "A" 2639 4 Pencco Exhibit "A" 2639 6 Cams Chemical Exhibit "A" 2639 8 Scholle Exhibit "A" 2639 9 Polydyne Exhibit "A" SECTION 1I That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION m That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby anthonzed to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conchtlons, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted b~ds, 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 orchnance shall become effective lmmedmtely 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 BY 2639 SUPPLY SERVICES ORDINANCE -2001 EXHIBIT A B~d 2639 Date 1/30/01 WATER TREATMENT CHEMICALS N01 Qb/ I D~$CRIPTIO~ VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR ,, DPC PENCCO HARCROS CARUS POLYDYNE SCHOLLE INDUSTRIES CHEMICAL Pnnc[ple Place of Bus~ness CLEBURNE, TX BELLVILLE, TX DALLAS TX PERU IL RICESBORO, GA ~,ARLAND TX 1 700,000 LIQUID CHLORINE, 110875 LBS NS~60 CERTIFIED 2 4500 LIQUID CHLORINE, 0 45 LBS NSF 60 CERTIFIED 3 200,000 SULPHUR DIOXIDE, 0 215 LBS NSFI60 CERTIFIED 120,00 FLUOI~OSILICIC ACID, 0 0715 4 LBS NSF;60 CERTIFIED LIQUID CAUSTIC 5 1,500 SODA~ 0 2095 POTASSIUM 6 50,000 PERMANGANATE, NSF 1 254 LBS 60 CERTIFIED 7 75,000 ANHYDROUS 0 36 LBS AMMONIA~ SUFURIC ACID, 0 0295 8 150,000 NSF~60 CERTIFIED CATIONIC POLYMER, 0 415 9 85,000 NSF~60 CERTIFIED SODIUM 10 85,000 HYPOCHLORITE~ 078 DELIVERY 2-3 DAYS 5-7 DAYS 3 DAYS 3-5 DAYS 3-5 DAYS 1 DAY Page 1 of 1 ~oenda Item AGENDA INFORMATION SHEET ~ate ~/Z1 - AGENDA DATE: March 27, 2001 Questions concerning ttus acquisition may be directed DEPARTMENT: Materials Management to Scott Lebsack 349-8469 SUBJECT' An Ordinance accepting competmve b~ds and awarding an annual contract for the recychng of apphanees / Chlonnated Fluorocarbons (CFCs) and Polychlormated B~phenyl's (PCBs), providing for the expenditure of funds therefore, and providing an effective date (B~d 2642 - Apphances/CFC/PCB Recycling awarded to Wesley Salvage at $11 95 per apphance, annual estimated amount of $25,000) BID INFORMATION: Th~s b~d ~s for the recychng of used appliances, the recovery of Chlonnated Fluorocarbons (CFC) or Freon and the collection/disposal of Polychlonnated B~phenyls (PCB's) The successful b~dder will p~ckup all used apphances from the Landfill, collect any CFC (Freon) or PCB contaminated parts The CFC will be resold by the collector and the PCB properly disposed of ~n accordance w~th TNRCC and EPA gmdehnes No CFC or PCB contaminated appliances will be recycled as used parts or scrap metal RECOMMENDATION' We recommend this b~d be awarded to the lowest responsible b~dder, Wesley Salvage ~n the amount of $11 95 per appliance Annual estimate expenditure ~s $25,000 PRINCIPAL PLACE OF BUSINESS' Welsey Salvage Denton, TX ESTIMATED SCHEDULE OF PROJECT: This ~s an annual contract and will be in effect through March 6, 2002 Apphances will be picked up within 3-day notme to the service prowder FISCAL INFORMATION: Funding for th~s recycling project will came from account (630-024-0804-8502) Agenda Information Sheet March 27, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1545 Agenda ATTACHMENT 1 TABULATION SHEET BID. 2642 Date 2-13-01 APPLIANCE CFC/PCB RECYCLING N° I .Q!Y I DESCRIPTION VENDOR WELSEY SALVAGE Pnnc~ple Place of Bus~ness DENTON, TX 1 EA FEE PER APPLIANCE $11 95 1 DELIVERY NO CHARGE ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE RECYCLING OF APPLIANCES/CHLORINATED FLUOROCARBONS (CFCS) AND POLYCHLORINATED BIPHENYL'S (PCBS), PROVIDING FOR THE EXPENDiTURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2642- APPLIANCES/CFC/PCB RECYCLING AWARDED TO WESLEY SALVAGE AT $11 95 PER APPLIANCE, ANNUAL ESTIMATED AMOUNT OF $25,000) WHEREAS, the City has sohc~ted, received and tabulated competitive b~ds for the purchase of necessary materials, equipment, supplies or services ~n accordance w~th the procedures of STATE law and City orchnances, and WHEREAS, the C~ty Manager or a designated employee has rewewed and recommended that the here~n described b~ds are the lowest responsible b~ds for the materials, equipment, supphes or serwces as shown m the "B~d Proposals" submitted therefore, and WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supphes or serwces approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered ~tems m the following numbered b~ds for materials, equipment, supphes, or serwces, shown ~n the "B~d Proposals" on file m the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such ~tems B~ID VENDOR AMOUNT 2642 Wesley Salvage $11 95 Per Apphance SECTION II That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty accepts the offer of the persons subrmttmg the b~ds for such ~tems and agrees to purchase the materials, equipment, supphes or serwces m accordance w~th the terms, specifications, standards, quantities and for the specified sums contained m the Bid Inwtat~ons, B~d Proposals, and related documents SECTION Ill That should the City and persons subrmttmg approved and accepted ~tems and of the submitted btds wtsh to enter ~nto a formal written agreement as a result of the acceptance, approval, and awarchng of the btds, 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 ts ~n accordance w~th the terms, concht~ons, specifications, standards, quantities and specified sums contained m 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 submitted b~ds, the C~ty Counctl hereby authorizes the expenditure of funds therefor m the amount and ~n accordance wtth the approved bids or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s day of ., 2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2642 - SUPPLY SERVICES ORDINANCE 2001 AGENDA INFORMATION SHEET ~,~, Mi Y/OI _ AGENDA DATE: March 27, 2001 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ray Wells 349-7108 ACM: Kathy DuBose, Fiscal and Municipal Services' '~q~'~ SUB,[ECT: An Or&nance accepting competitive bids and awarding a contract for the preparation and painting of piping and stack for Unit 4 & 5, providing for the expen&ture of funds therefore, and providing an effective date (Bid 2643 - Preparation and Painting of Units 4 & 5 Piping and Stack awarded to A-AGAPE Contracting, knc, in the amount of $19,800) BID INFORMATION' This bid is for the preparation and pmntmg of flue gas re-circulation piping and boiler emission stack on generating units 4 and 5 at the Electric Production Plant The project includes removing rust and peeling pmnt from interior and exterior piping, priming and repmnUng with DTM 0ndustnal coating) aluminum silver paint This maintenance project is required every 5-7 years RECOMMENDATION We recommend this bid be awarded to the lowest bidder, A-AGAPE Contracting, Inc m the amount of $19,800 PRINCIPAL PLACE OF BUSINESS: A-AGAPE Contracting, Inc Gladewater, TX ESTIMATED SCHEDULE OF PRO~JECT: This project is estimated to be completed in 14-21 days after receipt of an order FISCAL INFORMATION: Funding for this project is available in 2000-2001 budget account (610-101 - 1011-5140-8339) Tom Shaw, C P M, 349-7100 Pumhaslng Agent Attachment 1 Tabulation Sheet 1546 Agenda ATTACHMENT 1 TABULATION SHEET BID. 2643 Date 2/15/01 PREPARATION & PAINTING OF UNITS 4 AND 5 PIPING AND STACK I DESCRIPTION VENDOR VENDOR VENDOR No I Qt¥ I I ,, i , A-AGAPE BOUNDS PAINT PATRICK CONTRACTING COMPANY BROTHERS Principle,Place of Business' GLADEWATER,TX DENTON, TEX DALLAS, TX PREPARATION & PAINTING OF FLUE GAB RECIRCULATION PIPING & BOILER EMISSIONS 1 EA STAGK ON UNIT 4 & 5 WITH DTM PAINT PER $19,800 $31,200 $24,155 1 ATTACHED SPECIFICATIONS DELIVERY 14-21 Days 40 Days 7 DAYS ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PREPARATION AND PAINTING OF PIPING AND STACK FOR UNIT 4 & 5, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2643 - PREPARATION AND PAINTING OF UNITS 4 & 5 PIPING AND STACK AWARDED TO A-AGAPE CONTRACTING, INC, IN THE AMOUNT OF $19,800) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" 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 2643 A-AGAPE Contracting, Inc $19,800 SECTION li That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons subrmttmg the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, speclficataons, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the Cxty and persons subm~tting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarchng of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents here~n approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted bids, the C~ty Council hereby authorizes the expenchture of funds therefor ~n the amount and m accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That th~s orchnance shall become effective ~mmed~ately upon its 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 2643 SUPPLY SERVICES ORDINANCE -2001 AGENDA INFORMATION SHEET AGENDA DATE: March 27, 2001 Questions concermng thru acqms~tlOn may be d~rected DEPARTMENT: Materials Management to Alex Pett~t 349-8595 ACM' Kathy DuBose, F~scal and Mun,ctpal Services SUBJECT. An Ordinance prowdmg for the expenditure of funds for the purchase of Pubhc Safety Mobile Data Computers (MDC's) W~reless Data Serwee which ~s available from only one source ~n accordance w~th the provlsmns of State Law exempting such purchases from reqmrements of competitive b~ds, and prowdmg an effective date (PO 10760 - AT & T Wtreless Servmes, ~n the amount of $71,966 03) PURCHASE ORDER INFORMATION: Thru purchase order ~s for a one-year commitment to supply cellular d~g~tal packet data (CDPD) serwce for the Pubhc Safety Mobile Data Computers In add~tmn th~s CDPD serwce will allow for ~mplementatmn of Automatic Vehmle Locatur (AVL) for patrol vehicles AT & T W~reless Services ~s the sole source suppher o£th~s servme due to the reqmrement for (1) a fixed price for one year, (2) a dedicated channel for CDPD and (3) a system capable of guaranteed 95% transm~ssmn accuracy Lme one of Purchase Order 10760 ~s for a two-month trial The demsmn has been made to continue the program for a full one year RECOMMENDATION' We recommend Purchase Order 10760 to AT&T W~reless Services be approved m the amount of $71,966 03 PRINCIPAL PLACE OF BUSINESS: AT & T W~reless Services K~rkland, WA ESTIMATED SCHEDULE OF PROJECT' Th~s ~s a twelve-month commitment and will be in effect through January 2002 Agenda Information Sheet March 27, 2001 Page 2 FISCAL INFORMATION' Funchng for the cellular service ~s available from 2000-2001 budget funds account (770-044- 0080-8501) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 10760 to AT & T Wireless Services 1547 Agenda ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PUBLIC SAFETY MOB~, DATA COMPUTERS (MDC'S) WIRELESS DATA S~RVICE WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH TI~E PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 10760 - AT & T WIRELESS SERVICES, IN THE AMOUNT OF $71,966 03) WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items that are only available from one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies, films, manuscripts or books, electricity, gas, water and other utility purchases, captive replacement parts or components for equipment, and hbrary matenals for a pubhc library that are available only from the persons holding exclusive distribution rights to the materials, need not be submitted to competmve b~ds, and WHEREAS, the C~ty Council w, shes to procure one or more of the ~tems mentioned m the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase of matenals, eqmpment or supphes, as describedi m the "Purchase Orders" listed hereon, and on file ~n the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 10760 AT & T Wireless Serwces $71,966 03 SECTION II That the acceptance and approval of the above ~tems shall not constitute a contract between the City and the person submitting the quotation for such ~tems until such person shall comply w~th all reqmrements spemfied by the Purchasing Department SECTION III That the C~ty Manager is hereby authorized to execute any contracts relating tO the items specified in Sectmn I and the expenditure of funds pursuant to said contracts is hereby authorized SECTION IV That this ordinance shall become effective lmmedmtely 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 10760 - AT & T Wireless SOLE SOURCE 01 Agenda Oate~ ORDINANCE NO AN ORDINANCE APPROVING AND AUTHORIZING THE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH CITY MANAGER MICHAEL W YEZ, ACCEPTING THE CITY MANAGER'S RESIGNATION, PROVIDING FOR THE PAYMENT OF BENEFITS AS SET FORTH IN THAT AGREEMENT AND THE AMENDMENT, RATIFYING PRIOR ACTIONS, AND PROVIDING FOR AN EFFECTWE DATE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the F~rst Amendment to the Employment Agreement entered into the 4th day of August, 1998 by and between the City of Denton, Texas and Michael W Jez is hereby approved, and the Mayor is anthonzed to execute the First Amendment to the Employment Agreement SECTION 2 That the resignation of Michael W Jez as City Manager is hereby reluctantly accepted All benefits and actions consistent w~th the Agreement and F~rst Amendment to the Agreement are hereby authorized SECTION 3 That all actions previously taken by the Mayor, the City Manager, the City Attorney, and other officials and employees of the C~ty m negotmUng and executing the First Amendment are hereby raUfied and approved SECTION 4 That all expenditures as anthonzed m the Agreement and the F~rst Amendmont to the Agreement are hereby approved SECTION 5 That th~s ord,nance shall become effective immediately upon its passage and approval PASSED AND APPROVED tins the day of ., 2000 EULINEBROCK, MAYOR ATTEST JENNIFERWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ORDINANCE NO AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THIS AGREEMENT EMPLOYING MICHAEL A CONDUFF AS CITY MANAGER OF THE CITY OF DENTON, TEXAS SETTING THE COMPENSATION AND TERMS OF THAT EMPLOYMENT, RATIFYING PRIOR ACTIONS, AND PROVIDING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty CoUllCll hereby approves an Employment Agreement employing M~chael A Conduffas C~ty Manager and authorizes the Mayor, or m her absence the Mayor Pro Tem, to execute th~s Employment Agreement settmg the terms of employment, compensation, and duttes of the C~ty Manager SECTION 2 That the C~ty Counml hereby ratffies and approves all actions of the Mayor, the C~ty Attorney, and other offimals and employees of the C~ty m negotmUng smd Agreement SECTION 3 That the expenditures and all other actions set forth ~n the Agreement are hereby authorized and approved SECTION 4 That this ordinance shall become effective tmmed~ately 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 D AGENDA INFORMATION SHEET AGENDA DATE: March 27, 2001 DEPARTMENT: Parks and Recreation Department . c ACM: Dave Hdl ~ SUBJECT: Hold a pubhe heanng and consider adoption of an Ordinance granting approval of a sub- surface use of a portion of the North Lakes Park on Bonme Brae Street south of Windsor Drive The installation of a Pubhc Drainage Easement m accordance vath Chapter 26 of the Texas Parks and Wfldhfe Code, providing for the issuance of an easement and prowdmg an effective date BACKGROUND: The Church of the Immaculate Conception has requested thc use of park land for the purpose stated, m order to prowde a stormwater drainage hne from property on thc west side of Bonme Brae Street they wmh to develop south of thc intersection of Bonme Brac and West W'mdsor Street State law as defined m Chapter 26 Protection of Pubhe Parks and Recreational Lands of the Texas Parks and Wildlife Code requires that a "(a) mumcipahty of th~ state may not approve any program or project that reqmres thc usc or taking of any pubhc land designated and used prior to the arrangement of the program or project as a park unless the munmipahty, acting through its duly authorized govermng body or officer, deternunes that (1) there ~s no feasible and prudent alternative to the use or takang of such land, and (2) the program or project includes all reasonable planmng to nunmuzc harm to the land, as a park, resulting from the usc or taking (b) A finding may be made only after notice and a hearing as reqmred by tlus chapter" If the proposed water and sewer hne easement is allowed, a value must be placed on the 1008 67 linear foot section and charged to the City of Denton In adchtion, land dmturhed m the park will be returned to its original condmon. Parks and Recreation Department and the City of Denton Engineering staff have rewewed all other possible alternatives These alternatives included · Select another route through the city that would by-pass the park area. A routing study was conducted After rewew of three route options, the requested route was determined to be the most cost effective wth less slope installation problems and the fact drainage easements could not he secured from adjacent property owners · Suspend development until the adjacent property owner agrees to prowde an easement Tins option will not prowde for future development of a new church and school site for the city 1 OPTIONS: Because other solutions to th~ ~ssue have proven to not be feasible, the option remains to approve the use as presented or reqture the Church of the Immaculate Conception to begin obtaining easements through adjacent property owners RECOMMENDATION: A~er rewewmg all other alternatives, staff recommends approval of tbas use of North Lakes Park for a Pubhe Drainage Easement There would be no major unpact on current park operations or programs The Parks and Recreation Department confirms that the C~ty of Denton has investigated all other alternatives and has used reasonable planmng to mmmuze harm to the land ESTIMATED SCHEDULE OF PROJECT: Construction on tins development ~s projected to begin m summer 2001 PRIOR ACTIONfREVIEW: The Park and Recreation Board consglered this ~tem at tbe~r January 24, 2001 meeting and recommend approval (Exlu"mt B Park Board Minutes) FISCAL INFORMATION: Cornpensatlon related to th~ use ~s sttll under dmcuss~on w~th the C~ty of Denton It ~s reasonable to expect that Improvements dtrectly related to programs and/or factht~es on North Lakes Park wdl he prowded BID INFORMATION: Not apphcable EXHIBITS: Ordinance Map (Exlub~t A) Park and Recreation Board minutes January 24, 2001 (Extub~t B) Respectfully Subnutted Prepared by Parks and Recreation Department ORDINANCE NO AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF NORTH LAKES PARK FOR THE PURPOSE OF A DRAINAGE EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR A DRAINAGE EASEMENT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 26 001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the C~ty Council finds after notme and heanng that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to mlmnuze harm to the park resulting from such use, and WHEREAS, the Cxty of Denton desires to provide for a reqmred drmnage easement of approximately 175 hnear feet across the park for proper stormwater dramage, and WHEREAS, Church of the Immaculate Conception desires to construct a stormwater drainage pipe across North Lakes Park since alternative options would not be feasible and prudent, and WHEREAS, the C~ty prowded notice ~n the Denton Record Chromcle on January 14, January 21, and January 28, 2001 of a Public Heanng to be held on February 6, 2001 ~n the Council Chambers to consider the alternatives to the use of C~ty Park for the subject stormwater drainage easement, and WHEREAS, the City Council on February 6, 2001 received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to mm~mlze harm to the North Lakes Park resulting from the drainage easement, and WHEREAS, the C~ty Council finds that the project does not fall w~ttun the purview of Section 253 001 of the Texas Local Government Code, and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the park land and that the subject stormwater drmnage project ~ncludes all reasonable planning to mlnlrmze harm to the park as a result of the project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Drmnage Easement and stormwater p~pelme proposed by the Chruch of the Immaculate Conception (the "ProJect") shall be constructed and mmntamed below the surface of the park property described in Exhibit A, whmh is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the stormwater drmnage pipe shall be constructed m a manner so that the park land may still be used by ~ts patrons after completion of the ProJect m the same manner ~t was used prior to the Project SECTION 2 A drainage easement shall be signed by the City Manager or bas designee and approved by the City Attorney allowing the use of the park property for the ProJect as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations, protects the patrons using the park from ~njury and damage both dunng and after construction of the ProJect, compensates for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City SECTION 3 Dunng construction of the ProJect, temporary use of such additional park land necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department However, at the completion of the construction actlwtles for the ProJect such additional park land shall be restored to the condition to which at existed prior to the begmnmg of such construction activities SECTION 4 The rights and benefits set forth in th~s ordinance may not be assigned without the express written consent of the C~ty SECTION 5 The findings contaaned an the preamble of this ordinance are incorporated into the body of tlus ordinance SECTION 6 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the day of ., 2000 , MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL F~RM HERBERT ~tJTY, CI~/!rATTORNEY 4 Page 2 of 2 EXHIBIT ~A" B~XNG 0 158 acres of lan~ loca~ed in 31, D*n~on, Den=on County, Texas and bein~ m por=~on of the Trac~ of land conveyed ~o =he City o~ D~ton, T~a8 by =~ ~eed recorde~ in Volume 664, Pa~e 652 of =he Deed Records of D~OD County, Texas Said 0 1~8 acres being more par~icularl~ described by me=es ~d bounds as ~ollowe BE~I~IN~ at a ~oin= in the ~st bo~da~ l~ne of BEA~O~ S~Y~ being ~he con=er lin~ of Bo~ie Brae S=ree~ N and being loca=ed N 01~ 56' 58" E 138 80 ~eC, ~ro~ the Sou=hw~sC T~ N 01~ 56' S8" E 45 50 T~NCE N 63o 28' S6" E 159 61 THENCE S 63~ 38' S6" W 205 53 fee=, =o ~ PLACE OF BEGI~ING ExHnnT *,n,, ~,._,. ~,,~,,..~..,~ / Exhibit A Exhibit B Parks and Recreatmn Adwsory Board January 24, 20001 Dema Recreation Center Members present Dale Yeatts, Don Edwards, Brenda Plulhps, Dalton Gregory, Brandon Barns, Gwendolyn Carter and Gert Aschenbrenner Staff present Ed Hodney, Emerson Vorel, Bob T~ckner and Janac McLeod Chmrman,Don Edwards called the meeting to order at 6 00 p m Awards and Recogmtton Ed announced that the Texas Department of Parks and Wfldhfe awarded the City a $500,000 matclung grant for Cross T~mbers Park The Cross T~mbers apphcatlon ranked thxrd out of nearly fifty apphcatmns Ed thanked Brenda for her contribution to the grant apphcatlon Approval O~thMlnutes for November 6, 2000 Dale Yeatts made a motion to approve the November 6 minutes Gert Aschenbrenner seconded the motion and ~t passed unammously ACTION ITEMS Constrict a Request for the Church of the Immaculate Conceptton to Construct a Storm Water Ltne Across the North Lakes Park Bob smd that the Church of Immaculate Conception had requested, the use of park land to provide a storm water drtunage hne from property on the west side of Bonnie Brae Street they wanted to develop south of the intersection of Bonme Brae and West Windsor Street Bob smd that State law as defined in Chapter 26 states Protection of Public Parks and Recreational Lands of the Texas Parks and Wildlife Code reqmres that a "(a) mumc~pal~ty ofth~s state may~ not approve any program or project that reqmres the use or taking of any pubhc land designated and used prior to the arrangement of the program or project as a park unless the mummpallty, acting through its duly authorized governing body or officer, determines that (1) there ~s no feasible and prudent alternative to the use or taking of such land, and (2) the program or project includes all reasonable planning to m~mm~ze harm to the land, as a park, resulting from the use or taking (b) A finding may be made only after notme and a hearing as required by th~s chapter" If the proposed Storm water hne easement ~s allowed, a value must be placed on the 175 hnear foot section and charged to the Immaculate Conception Church In addition, land d~sturbed m the park wall be returned to ~ts original condition After revlewmg al other alternatives, staff recommended approval of th~s use of North Lakes Park for'a Pubhc Drmnage Easement Brenda Phflhps made a motion to approve staffs recommendation Dalton Gregory seconded the motion and ~t passed unammously Constder a Request fro the Church of the Immaculate Conception to construct a left turn lane and widen Bonnie Brae Street along North Lakes Park Staff asked that the item be tabled until the February meeting Dalton Gregory made a motion to table the ~tem and Dale Yeatts seconded the motion The motion passed unanimously AGENDA INFORMATION SHEET AGENDA DATE: March 27, 2001 DEPARTMENT. Parks and Recreation Department ACM: Dave Hdl ~ SUBJECT: Hold a pubhc heanng and consider adoption of an Ordinance granting approval of a surface use ofa portwn of the North Lakes Park on Bonme Brae Stre~ south of Windsor Drive The construction of a le~ turn lane and w~demng the street m accordance w~th Chapter 26 of the Texas Parks and Wfldltfe Code, prov~hng for the ~ssuance of an casement and prowdmg an effective date BACKGROUND: The Church of the Immaculate Conception has requested the use of park land for the purpose statad~n order to prowda a left turn lane and w~denmg of Bonme Brae Street at a new entrance to property they rash to develop south and west of the mtersectmn of Bonme Brae and West Windsor Street - f State law as defined m Chapter 2.6~/Protectlon of Pubhe Parks and Recreational Lands o the Texas Parks and Wddhfe Code reqmres that a "(a) mumcipahty of tins state may not approve any program or project that requires the usc or taking of any pubhe land designated and used prior to the arrangement of the program or project as a park unless the mumerpahty, acting through its duly authorized govermng body or officer, determines that (1) there ~s no feasible and prudent alternative to the use or taking of such land, and (2) the program or project includes all reasonable plannmg to minimize harm to the land, as a park, resulting from the use or ta~mg Co) A findmg may be made only atter not~ce and a,heanng as reqmred by tins chapter" If the proposed street right of way easement ~s allowed, a value must be placed on the 400 linear foot section and charged to the City of Denton. In addmon, land dmturbed m the park will be returned to ~ts original conahtion Parks and Recreation Department and the City of Denton Engmeenng staff have rewewed all other possible alternatives These alternataves included · Select another route m into the Church property that would not reqmre the park area. A routing study was conducted After rewew of other route options, the requested route was determined to be the most cost effective v~th less unpact and mstalhtion problems and the fact street easements could not he secured from adjacent property owners · Suspend development untd the adjacent property owner agrees to provide an easement Tins option will not prowde for future development of a new church and s~hool site for the city OPTIONS: Because other solutmas to tins issue have proven to not be feasible, the option remains to approve the use as presented or reqmre the Church of the Ircanaculate Conception to begin obtmnmg easements through adjacent property owners RECOMMENDATION' After rexaewmg all other alternattvas, staff recommends approval of ttus use of North Lakes Park for a Pubhc Street Easement There would be no major m0pact on currem park operations or programs The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to mmunize harm to the land ESTIMATED SCItEDULE OF PROJECT: Constrnct~on on tlas development Ls projected to begin m summer 2001 PRIOR ACTION/REVIEW: The Park and Recreation Board considered flus item at their January 24, 2001 meeting and recommend approval (Extubit B Park Board Minutes) FISCAL INFORMATION: Compensation related to flus use is stdl under chscussion w~th the City of Denton It Ls reasonable to expe~ that nnprovements chrectly related to programs and/or facdttles on North Lakes Park wdl be proxaded BID INFORMATION: Not apphcable EXHIBITS: Ordinance Map (Exlublt A) Park and Recreation Board minutes February 28, 2001 (Exhibit B) Respectfully Subnutted Ed Hodney, Parks and Recreation Department Prepanxl by Bob ~ckn~r, Superintendent Parks and ReereatJon Department 2 ORDINANCE NO AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE NORTH LAKES PARK ALONG BONNIE BRAE STREET 1000 FEET SOUTH OF WEST WINDSOR. DRIVE FOR THE PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER. 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR A STREET DEDICATION EASEMENT, AND PROVIDiNG AN EFFECTIVE DATE WHEREAS, Section 26 001 of the Texas Parks of Wfldhfe Code prowdes that pubhc land designated and used as a park may be used for a non-park purpose ~fthe C~ty Council finds after notm¢ and heanng that there ~s not feasible and prudent alternative to the use of such land for the proposed project and the proposed project ~ncludes all reasonable planning to m~nma~ze harm to the park resulting from such use, and WHEREAS, the Church of the Immaculate Conceptmn desires to ~mprove pubhc transportation to the C~ty of Denton by constructing a left turn lane for approximately 400 hnear feet on Bonme Brae Street along North Lakes Park by w~demng a pubhc street, and WHEREAS, the Church of the Immaculate Conception demres to construct the pubhc street turn lane along North Lakes Park since alternative options would not be feasible and prudent, and WHEREAS, the Ctty promded not,ce m the Denton Record Chromcle on January 14, January 21, and January 28, 2001 of a Pubhc Heanng to be held on February 6, 2001 ~n the Council Chambers to consider the alternatives to the use of C~ty Park for the subject street project, and WHEREAS, the C~ty Council on February 6, 2001, received testimony at a pubhc heanng on the ~ssues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planmng to m~mm~ze harm to North Lakes Park resulting from the pubhc street w~demng, and WHEREAS, the C~ty Council finds that the project does not fall w~th~n the purview of Section 253 001 of the Texas Local Government Code, and WHEREAS, the C~ty Council finds that there ~s no feasible and prudent altemat~ve to the use of the park land and that the subject pubhc street project ~ncludes all reasonable planning to minimize harm to the park as a result of the project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The pubhc street w~demng proposed by the Church of the Immaculate Conception (the "Project") shall be constructed and mamtmned above the surface of the park property described ~n Extub~t A, wtuch ~s attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the pubhc street be constructed m a manner so that the park land may still be used by 1ts patrons after completion of the Project in the same manner it was used prior to the Project SECTION 2 A pubhc street dedmaUon easement shall be composed by the Caty Manager or Ins demgnee and approved by the Ctty Attorney allowing the use of the park property for the Project as referenced above with appropriate prowmon to insure the ~mprovements are constructed m accordance wath Caty Subdavm~on Rules and RegulaUons, protects the patrons umng the park fi~om injury and damage both dunng and after constmctmn of the Project, compensates for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City SECTION 3 Dunng eonstmctton of the Project, temporary use of such add~Uonal park land necessary to stage the construction of the improvements may be approved by the Director of Parks and IReereatmn Department However, at the completion of the constmcUon aeUvaUes for the Project such additional park land shall be restored to the condat~on to which it crested pnor to the begmmng of such constructmn acttv~taes SECTION 4 The rights and benefits set forth m thru ordinance may not be asmgned wtthout the express wntten consent of the Cay SECTION 5 The findings eontmned m the preamble of tIns or(hnance are incorporated anto the b6dy of tins ordinance SECTION 6 Tins ordinance shall become effective ammed~ately upon its passage and approval PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FO~M HERBE~/ROUTY, CIT,~TORNEY Page 2 of 2 LEGAL DESCRIPTION RI~HT-OF-WAY EASEMENT BEING 0 610 acres of land located in the R BEAUMONT SURVEY, Abstract No 31, Denton County, Texas and being a portion of the Tract of land conveyed to the City of Denton, Texas by the deed recorded in Volume 584, Page 167 of the Deed Records of Denton County, Texas Said 0 610 acres being more particularly described by metes and bounds, as follows BEGINNING a= a point in the centerllne of Bonnie Brae Street North, being the Northwest corner of said City of Denton Tract, and lying in the West line of said R BEAUMONT SURVEY, THENCE S 88° 03' 02" E 45 00 feet, along the North line of said City of Denton Tract, to a point, THENCE S 01° 56' 58" W 590 74 feet, along a line 45 0 feet, East of and parallel to the West line of said City of Denton Tract, to a point in the South line of said City of Denton Tract, THENCE N 88° 03' 02" W 45 00 feet, along the South line of said City of Denton Tract, to a point at the Southwest corner thereof, said point lying in the centerllne of said Bonnie Brae Street North, THENCE N 01° 56' 58" E 590 74 feet, along the West line of said City of Denton Tract, and the centerllne of said Bonnie Brae Street North, also being the West line of said R BEAUMONT SURVEY, to THE PLACE OF BEGINNING, containing 0 610 acres (26,583 square feet) of land RIGHT-OF-WAY ,;- l. Exhibit B DRAFT Denton Parks, Recreation and Beautfficat~on Advisory Board February 28, 20001 North Lakes Recreation Center Members present Don Edwards, Brenda Ph~lhps, Dale Yeatts, Brandon Barnes, Gert, Dalton Gregory, and Gwendolyn Carter Staff present Ed Hodney, Janet S~mpson, Bob Tlckner, Emerson Vorel, Jame McLeod and John Whxtmore Chairman Don Edwards called the meeting to order at 6 00 p rn INTRODUCE SUPERINTENDENT OF PARKS AND RECREATION - LEISURE SERVICES - John Wh~tmore was introduced to the Park Board Ed smd that John came to Denton from Colorado and is well versed ~n aquatm services APPROVAL OF MINUTES OF JANUARY 24, 2001 A motion was made by Dalton Gregory to approve the minutes of the January 24th meettng Dale Yeatts seconded the motion and ~t passed unanimously ACTION ITEMS Consider a Request for the Church of the Immaculate Conceptton to Construct a Left Turn Lane and Wtden Bonme Brae Street Along North Lakes Park Bob d~scussed wtdenlng one lane of traffic on the east s~de of Bonme Brae to accommodate a turn lane to the Immaculate Conceptton Church Bob smd to compensate for the use of the 400 feet of parkland, the church will build a new entranceway into the park Dalton Oregory asked what was the value of the land Ed smd there would be an internal appratsal done on the property Dalton smd that ~n the past that land had to be replaced ff taken out of a park Ed stated that that area of land is not used and that ~t ~s more practical for there to be a cash payment or ~mprovements prowded to the park Dalton Gregory moved to approve the staff recommendation to w~demng the east lane Brenda Phflhps asked to amend the motion to include that all trees that would otherwise be destroyed be relocated Brenda Phdhps seconded the amended motion and ~t was passed unammously AGE~A ~O~ATION S~ET Date~_ AGE~A DATE M~eh 27, 2001 DEP~R~NT A~o~ ACM ~on Fo~o, ACM, Pubhc Safety and Transpo~at~on Operations SUBmCT Consider the adoption of an ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and Mr Jack Faas, and providing an effective date BACKGROUND Mr Faas, wishes to lease a parcel of land totaling approximately 18,000 square feet of land at the,Denton Municipal Airport The terms of the lease will obhgate Mr Fans to construct a structure of not less than 4,500 square feet This facility will be constructed for the purpose of commercial or general aviation aircraft storage Mr Faas will also construct necessary infrastructure to access current taxlways and access roads Mr l~aas will be relocating personal and Civil Air Patrol (CAP) aircraft from Wisconsin to lncre~ise the CAP fteet currently based at the Denton Municipal Airport OPTIONS I Approve the lease as proposed II IProvlde staff direction with additional lease options The Airport Advisory Board recommends Option I The proposed development will increase the tax base and will increase the number of based aircraft on the field ESTIMATED SCI-I~DULE OF PROJECT The lease would become effective April 1, 2001 and continue through the 31st day of Mar~h 2031 (30 years) The lease also provides for two successive option terms of ten year~ each PRIOR ~CTION/REVIEW The City Attorney's Office has reviewed the proposed lease The Airport Advisory Board recornn~ends approval of the lease as presented FISCAl. INFORMATION The lease rate for the identified site is $0 15 per square foot The lease rate for the first two years will be $2,700 per year The lease agreement provides for rate adjustments, Consumer Price Index adjustments, every other year for the term of the lease as per FAA requirement EXHIBITS Ordmanoe Lease Agreement Respectfully submitted Airport Manager 2 0RDTNAN£ E NO AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LFASE AGRBBMEN i' BEIWEEN THE CITY OF DENTON TEXAS AND JACK FA.AS AND PROVIDING AN EFFECTIVE DATE THE COLrNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS ~ The City Manager or his designee is hereby authorized to execute a an-port lease agreement for commelcml operator between the City of Denton and Jack Faas, m substantially the form of the Awport Lease Agreement which ~s attached to mad made a pm'~ of th~s ordinance for all purposes $_F. g2TJO~I_2 Ttus ordinance shall become effeetsve nnmed~ately upon its passage and approval PASSED AND APPROVED th~s the. day of ,2001 EULINE BROCK, MAYOR ATTEST TENNIFER WALTERS, CI'i Y SECRETARY BY APPROVED AS TO LEGA~FORM HERBERT L PROUTY, c,~trY ATTORNEY AIRPORT LEASE AOREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS cOUNTY OF DENTON This lease is made and executed this day of , 2001, at Denton, Texas, by and between t~e Cl--ty of De~ton, Texas, a municipal corporation, hereinafter referred to as "Lessor", and Mr Jack Faas havmng principal offices at 6621 Brentwood Lane, The Colony, Texas 75056, hereinafter referred to as ,,Lessee" WITNESSETH. WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas, and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an amrcraft hangar and related avlatmon facilities thereon, and NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contamned in this Agreement, the parties agree as follows I CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN pARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING A PRINCIPLES OF OPERATIONS The right to conduct aeronautical and related actlYmtles for furnIshing services to the publmc is granted to Lessee subject to Lessee agreeing 1 To furnish sa~d services on a famr, equal and not un]ustly discriminatory basis to all users thereof, and 2 To charge fair, reasonable and not unjustly dIscriminatory prices for each unit or service, provmded, that Lessee may be allowed to make reasonable and nondmscrlmmnatory discounts, rebates, or other s~mmlar types of prmce reductions to volume purchasers B NON-DISCRIMINATION Lessee, for h~mself, hms personal representatives, successors and interests, and assigns, as a part of the consmderatlon hereof, does hereby covenant and agree as a covenant running with the land that 1 No person on the grounds of race, rellgmon, color, sex, or natmonal origin shall be excluded from partmclpatlon in, denmed the benefits of, or be otherwmse sub3ected to dlscrmmmnatmon mn the use of samd facllmtmes, 2 In the constructmon of any improvements on, over, or under such land and the furnlshmngs of servmces thereon, no person on the grounds of race, relmgmon, color, sex, or natmonal orlgmn shall be excluded from partmclpatmon in, denmed the benefmts of, or otherwise be subjected to dmscrlmmnat~on, 3 Lessee shall use the premises mn compliance with all other requmrements ~mposed by or pursuant to Title 49, Code of Federal Regulations, Department of Trans- potation, Subtitle A, Office of the Secretary, Part 21, Nondlscrmmlnatlon in Federally assisted programs of the Department of Transportation Effectual of Title VI of the Cmvll Rmghts Act of 1964, as said Regulatmons may be amended C RIGHT OF INDIVIDUALS TO MAINTAIN AIRCRAFT It ~s clearly understood by Lessee that no rl~l~t or prmvllege has been granted whmch would operate to prevent any person, fmrm or corporation operatmng amrcraft on the amrport from performmng any services on mts own azrcraft with mts own regular employees (including, but not l~mlted to, maintenance and repair) that mt may choose to perform D NON-EXCLUSIVE RIGHT It ms understood and agreed that nothmng heremn contained shall be construed to grant or authormze the granting of an exclusmve right wmthmn the meanmng of Title 49 U S C Appendmx §1349 E PUBLIC AREAS 1 Lessor reserves the right to further develop or mmprove the landing area of the airport as ~t sees fmt, regardless of the desmres or vmews of Lessee, and wmthout mnterference or hmndrance 2 Lessor shall be oblmgated to mamntaln and keep mn good repair the landing area of the amrport and all publicly owned facllltmes of the a~rport, together wmth the rmght to direct and control all actzvmtmes of Lessee mn thms regard 3 Durmng tmme of war or natmonal emergency, Lessor shall have the rmght to lease the landing area or any part thereof to the United States Government for mmlztary or naval use, and, zf such lease is executed, the provisions of this instrument insofar as they are Inconsistent with the provisions of the lease to the Government, shall be suspended 4 Lessor reserves the right to take any actmon mt considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any bumldmng or other structure on or ad3acent to the airport which, mn the opinion of Lessor, would limit the usefulness or safety of the airport or constitute a hazard to amrcraft or to aircraft navigation 5 This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport II. LEASED PREMISES Lessor, for and in consideration of the covenants and agree- ments herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hmre and take from Lessor, the following described land situated in Denton County, Texas A Land A tract of land, being approximately 18,000 square feet, or 0 413 acres, drawn and outlined on Attachment "A", and legally described in Attachment "B," such attachments being mncorporated herein by reference Together with the rmght of ingress and egress to sa~d proper- ty, and the right in common with others so authorized of passage reasonable upon the Airport property generally, subject to regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and lnvltees For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and ~dentlfled within Attachment "B", lncludmng leasehold mmprovements constructed by the Lessee, but not including certamn easements or property owned and/or controlled by the Lessor B IMPROVEMENTS PROVIDED BY LESSOR NONE There will be no improvements provmded by Lessor, except as set forth in Article II E "Access to utilities" below For the purpose of this Agreement, the term ,'Lessor improve- ments" shall mean those things on or adDacent to the Premises 6 belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase, the value or quality of the leased land or property Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor C IMPROVEMENTS PROVIDED BY LESSEE On descrzbed lot, Lessee shall construct a hangar/offmce facility not less than 4,500 square feet wzth taxlway access and appropriate culverts or draznage as required by City ordinances in the utility right of way south and north of the proposed hangar as well as other improvements as determzned necessary by City ordinances Said zmprovements shall be completed not less than 365 days from the date of this agreement D EASEMENTS Lessor and Lessee by mutual agreement may establish, on the leased premises, easements for public access on roads and tax,ways E ACCESS TO UTILITIES Lessor represents that there are water and 3-phase electricity l~nes within three hundred feet (300') of the leased premmses available to "tap-zn" by Lessee, and that the same are sufflczent for usual and customary service on the leased premises Lessee w~ll be required to connect to the sewer line located approximately sixty (60) feet north of sazd lot III. TERM The term of this Agreement shall be for a period of thirty (30) years, commencing on the 1st day of Aprzl, 2001, and continuing through the last day of March, 2031, unless earlier terminated under the provisions of the Agreement Any attempt by Lessee to renegotmate this Lease shall be in writing addressed to the City Manager or hls designee at least one hundred emghty (180) days before the expiration of the stated term of this lease, and at least 180 days before the explratmon of any addmtmonal renegotlated period Lessee has the option to renew for two (2) additional ten (10) year terms The rental and terms to be negotzated shall be reasonable and consistent wmth the then value, rentals and terms of szm~lar property on the a~rport IV. pAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consmderatlon for this lease, the following payments, rentals and fees Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and fees A LAIqD RENTAL shall be due and payable in the sum of $0 15 per square foot or Two Thousand Seven Hundred Dollars ($2,700 00) per year, payable in twelve (12) equal monthly installments in the sum of Two Hundred Twenty Fmve Dollars ($225 00) in advance, on or before the 1st day of each and every month during the term of thms agreement Lessee has the optmon to pay annual rentals and fees in whole on or before the 1st day of October, at the beginning of the City's fiscal year, each and every year of this lease Notwithstanding the foregomng, the annual lease rental to be reduced by the current lease rate per square foot, as adjusted by the CPI-U referenced mn Section IV D , times the number of square feet comprmslng all easements established in accordance with Article II(C) B LESSOR IMPROVEMENTS RENTALS NONE There are no Lessor improvements on the leased premlse~ C pAYMENT, PENALTY, ADJUSTMENTS All payments due Lessor from Lessee'shall be made to Lessor at the offices of the Finance Department of the City of Denton, Accounts Receivable, 601 East Hickory, Denton, Texas, unless otherwise designated mn writing by the Lessor If payments are not received on or before the 15th, a five (5) percent penalty wlll be due as of the 16th If payments are not recemved by the 1st of the subsequent month, an addltmonal penalty of one (1) percent of the unpaid rental/fee amount will be due A one (1) percent charge will be added on the 1st of each subsequent month untml the unpamd rental/fee payment is made Failure to pay the rent or penalty amounts on delInquent rent shall constitute an event of default of this lease The yearly rental for land and ~mprovements herein leased shall be readjusted at the end of each two (2) year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compmled by the U S Department of Labor, Bureau of Labor Statistics bears to the applicable index at the execution of this . orm lnal land rental amount is based upon the formulae lease, The g .... ~^~ ~ ~n~ herein leased Each rental set fgrth mn Section ~v.~ ~z ~] [{~-lst day of April, beginning adjustment, if any, sna££ occur ~ 2002, and every other year thereafter on such date The ad]ustments in the yearly rent shall be determined by multmplymng the minimum yearly rent as set forth in Section IV A by a fraction, the numerator of whmch IS the index number for the last month prior to the adjustment, and the denominator of which is the mndex number applicable at the execution of this lease If the product of thms multlplmcatmon ms greater than the mlnmmum yearly rent as set forth mn Sectmon IV A , Lessee shall pay thms greater amount as the yearly rent until the t~me of the next 8 rental adjustment as called for in this section If the product of this multiplication is less than the minimum yearly rent of as set forth in Section IV A , there shall be no adjustment in the annual rent at that time, and Lessee shall pay the previous year's annual rent until the time of the next rental adjustment as called for in this section In no event shall any rental adjustment called for in this section result in an annual rent less than the previous year's annual rent The ad3ustment shall be limited so that the annual rental payment determined for any given year shall not exceed the annual rental payment calculated for the previOUS year by more than twenty (20) percent If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U S Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth in Subsection (a) above, but substituting the index nurabers for the Consumer Price index-Seasonally Ad3usted U S City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region If both the CPI-U for the Dallas-Fort Worth geographical region and the U S City Average are discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the statistiCS of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor V. RIGHTS AND OBLIGATIONS OF LESSEE A USE OF LEASED PREMISES Lessee is granted the non-exclusive privilege to engage in or provide the following i Hangar Leases and Rental The rental or lease of hangars and hangar space and related facilities upon the leased premises 2 Office Space Lease or Rental The rental or lease of ~fflce space in or adjoining Lessee's hangars 3 Aircraft and Storage To provide storage of both Lessee'S and sublesse=s' aircraft and aviation related equipment and supplies upon or within the leased premises 9 Lessee, his tenants and sublessees shall not be authorized to conduct :any services not specifically listed in this agreement The use of the leased premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activIties having to do with or related to a~rports and aviation No person, business or corporation may operate a commercial, retail or industrial business upon the premlse~ of Lessee or upon the Airport without a lease or l~cense from Lessor authorizing such commercial, retail or ~ndustrlal activity The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services B STANDARDS Lessee shall meet or exceed the followIng standards 1 Address Lessee shall f~le with the A~rport Manager and keep current his mailing addresses, telephone numbers and contacts where he can be reached in an emergency 2 L~st Lessee shall file w~th the A~rport Manager and keep current a list of his tenants and sublessees 3 Conduct Lessee shall contractually require his employees and sublessees (and sublessee's ~nvltees) to ab~de by the terms of th~s agreement Lessee shall promptly enforce his contractual r~ghts in the event of a default of such covenants 4 utilities, Taxes and Fees Lessee shall meet all expen- ses and payments in connection w~th the use of the Premi- ses and the rights and privileges here~n granted, lncludlng the t~mely payment of utilities, taxes, permit fees, license fees and assessments lawfully lev~ed or assessed 5 Laws Lessee shall comply w~th all current and future ~ed~ral, state and local laws, rules and regulations which may apply to the conduct of bus~ness contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits 6 Maintenance of Propert~ Lessee shall be responsible for %he maintenance, repair and upkeep of all property, buildings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any ob]ectlonal matter or thing Lessee agrees not to utilize or permit 10 others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, a~rcraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation Palntln~ of Bulldlngs During the original term of this Lease and during each extension, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) or building(s) located on the premises be reviewed by the A~rport Advisory Board for the purpose of determining whether palntlng of the exteriors of such buildings or hangars ~s necessary If the Airport Advisory Board determlnes painting is necessary, it shall furnish a recommendation to thls effect to the Clty Council The Council, may, upon the Board's recommendation, require Lessee to repaint said exteriors according to Lessors speclflcat~ons (to specify color of paint, quality of workmanship and the year and month in which the hangar(s) or building(s) are to be painted, if needed ) Lessee shall complete the palnt~ng ~n accordance w~th such specifications w~thln one (1) year of receipt of notice from lessor Lessee agrees to pay all costs and expense involved in the hangar or building painting process Failure of Lessee to complete the painting required by Lessor's City Council within one (1) year period shall constitute Lessee's default under th~s Lease Unauthorlzed use of premises Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for ~ndustrlal, commercial or retail purposes, except as authorized here~n 9 Dwellings It ls expressly understood and agreed that no permanen~ dwelling or domicile may be built, moved to or establIshed on or within the leased premises nor may lessee, bls tenants, ~nv~tees, or guests be permitted to reside or remain as a resident on or within the leased premises or other a~rport premises 10 Qult Possession Lessee shall quit possession of all premises leased'herein at the end of the primary term of th~s lease or any renewal or extension thereof, and dellver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable , wear and tear excepted 11 Hold Harmless Lessee shall indemnify and hold harmless Lessor from and against all loss and damages, including death, personal injury, loss of property or other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises 12 Chemzcals Lessee agrees to properly store, collect and dispose of all chemicals and chemzcal residues, to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products, and to comply with all Local, State and Federal regulations governing the storage, handlmng or disposal of such chemicals and paints 13 Hazardous Activities Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in actmvltles which could produce hazards or obstructzon to air navigation, obstructions to v~s~bmllty or lnterference with any aircraft navigational aid statmon or device, whether airborne or on the ground, then Lessor shall state such vlolat~on in writing and deliver wrztten notzce to Lessee or Lessee's agent on the leased premmses, or to the person(S) on the leased premises who are causing said ¥lolatlon(s), and upon delivery of such written notice, Lessor shall have the rmght to demand that the person(s) responsible for the vlolatzon(s) cease and desist from all such actzv~ty creatzng the vlolatlon(s) In such event, Lessor shall have the right to demand that correctzve action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautlcal regulation being vmolated Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fall to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said correctmons within twenty-four (24) hours followzng written notlflcatlon, then Lessor shall have the right to enter onto the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the correctmve action process C SIGNS During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the leased PremiSes signs mdentlfylng Lessee Said signs shall be of a szze, shape and deslgn, and at a location or locations, approved by the Lessor and ~n conformance with any overall dlrectmonal graphics or 12 sign program established by Lessor for the Airport Lessor's approval shall not be withheld unreasonably Said signs shall be maintaIned mn good repair throughout the term of th~s agreement Notwithstanding any other provision of this agreement, sa~d signs shall remain the property of Lessee Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of th~s Agreement or extensions thereof VI. COVENANTS BY LESSOR Lessor hereby agrees as follows A PEACEFUL ENJOYMENT That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted, B COMPLIANCE Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria dIstributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of ad3olnlng property in the course of normal take-off and landing procedures from said Denton Municipal Airport, Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply w~th the foregoing VII. SPECIAL CONDITIONS It lS expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions A RD-NWAYS AND TAXIWAYS That because of the present thirty thousand (30,000) pound continuous use weight bearing capacity of the runway and taxlways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of thirty thousand (30,000), until such t~me that the runway and designated taxlways on the Airport have been improved to handle aircraft of such excessive weights It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or 13 revisions as such studies may dictate ,,Aeronautical Activity" referred to in this clause shall Include that actl¥1ty of the Lessee or its agents or subcontractors, and its customers and mnvltees, but shall not mnclude those activities over which it has no solzcltory part or control, such as an unsolicited or unscheduled or emergency landing A pattern of negligent dIsregard of the provisions of this section shall be sufficient to cause the lmmedmate term~natmon of this entire Agreement and sub]ect Lessee to llabmllty for any damages to the Airport that might result VIII. LEASEHOLD IMPROVEMENTS A REQUIREMENTS Before commencing the construction of any improvements upon the premises, Lessee shall submit 1 Documentation, specmflcatlons, or design work, to be approved by the Lessor, whmch shall establish that the improvements to be bumlt or constructed upon the leased premises are mn conformance w~th the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport 2 All plans and specmflcatlons showing the location upon the premises of the proposed construction, 3 The estimated cost of such construction No construction may commence until Lessor, acting by its City Councml, has approved the plans and speclfmcatlons and the locatmon of the mmprovements, the estimated costs of such construction and the agreed estimated lmfe of the building or structure Approval by the City Council shall not be unreasonably withheld, should the Council fall to deny Lessee's plans and specmflcatlons wlthmn smxty (60) days of submission thereof to the Council, such plans and specifications shall be deemed approved Documentary evmdence of the actual cost of construction on publmc areas only (such as taxlways) shall be delmvered by Lessee to Lessor's C~ty Manager or hms designee from time to time as such costs are pamd by Lessee, and Lessor's Cmty Manager or hms designee is hereby authorized to endorse upon a copy of thms lease filed wmth the Cmty Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the flndmngs of the City Manager when endorsed by h~m upon samd contract shall be conclusive upon all parties for all purposes of this agreement B ADDITIONAL CONSTRUCTION OR IMPROVEMENTS Lessee is hereby authorized to construct upon the land herein leased, at his own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by thms lease, provmded however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specmfled in Article VIII A , above C OWNERSHIP OF IMPROVEMENTS All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless samd property becomes the property of Lessor under the following condmtlons, terms and provisions 1 Removal of Bumldln~s No bumldlng or permanent fmxture may be removed from the premises 2 Assumption All buildings and improvements of whatever nature remamnlng upon the leased premmses at the end of the primary term, or any extension thereof, of this lease shall automatmcally become the property of Lessor absolutely in fee wmthout any cost to Lessor 3 Building Lmfe It is agreed that the life of the building to be constructed by Lessee on the property herein leased is thirty (30) years 4 Cancellatmon Should this lease be cancelled for any reason before the end of the thirty (30) year expected bumldmng life, it ms especially understood and agreed that Lessor reserves the rmght to purchase all buildings, structures and mmprovements then exlstmng upon the premmses by tendermng to Lessee one thirtieth (1/30) of the undepreclated value of such building for each year remamnlng on the agreed life of such bulldmng The undeprecmated value of all improvements ms to be determined by having such improvements appramsed by three appramsers, one appointed by Lessor, one appomnted by Lessee and one appomnted by the two appraisers IX. SUBROGATION OF MORTGAGEE A Any person, corporatmon or lnstmtutlon that lends money to Lessee for constructmon of any hangar, structure, building or improvement and retains a securmty interest mn said hangar, structure, bumldlng or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon sazd leased premises and operate or manage said hangar, structure, building or Improvement accordmng to the terms of thms Agreement, for a period not to exceed the term of the mortgage wmth Lessee, or until the loan is pamd mn full, whmchever comes fmrst, but mn no event longer than the term of thms lease It ms expressly understood and agreed that the rmght of the mortgagee referred to herein is llmmted and restricted to those mmprovements constructed wmth funds borrowed from mortgagee, 15 those improvements purchased with the borrowed funds, and those mmprovements pledged to secure the reflnancmng of the improvements B Lessee shall have the right to place a first mortgage lmen upon the leasehold mn an amount not to exceed eighty-five percent (85%) of the constructmon cost or current market value of the leasehold improvements X. RIGHT OF EASEMENT Lessor shall have the rmght to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of provmdmng underground utility servmces to, from or across the airport property or for the constructmon of public facmlltles on the Amrport However, any such easements shall not interfere wmth Lessee's use of the leased premises and Lessor shall restore the property to orlgmnal condition upon the mnstallat~on of any utmllty servmces on, mn, over or under any such easement or the conclusion of such construction Construction mn or at the easement shall be completed wmthmn a reasonable time XI ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assmgn this lease, convey more than ten percent {10%) of the mnterest mn his busmness, through the sale of stock or otherwise, transfer, lmcense, nor sublet the whole or any part of the samd premises for any purpose, except for rental of hangar space or tie-down space, wmthout the wrmtten consent of Lessor Lessor agrees that mt wmll not unreasonably wmthhold its approval of such sale, sublease, transfer, lmcense, or assmgnment of the facllltmes for the amrport related purposes, provmded however, that no such assmgnment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, recemved or charged are mn excess of the rental or fees paid by Lessee to Lessor under the terms of thms lease, for such portmon of the premises proposed to be assmgned, subleased, transferred, lmcensed, or otherwise The provmsmons of thms lease shall remamn blndmng upon the assignees, if any, of Lessee XII INSURANCE A REQUIRED INSURANCE Lessee shall maintain continuously mn effect at all tmmes during the term of thms agreement, at Lessee's expense, the following insurance coverage 1 Comprehensmve general lmabmlmty covermng the leased premmses, the Lessee or mts company, its personnel, and its operations on the airport 16 2 Aircraft liability to cover all flight operations of Lessee 3 Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement 4 Liability insurance limits shall be ~n the following minimum amounts Bodily Injury and Property Damage One Million Dollars ($1,000,000) combined single limits on a per occurrence basms 5 All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy 6 Ail policies must be approved by the Lessor 7 The Lessor shall be provided with a copy of all such policies and renewal certificates During the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provmslons, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor, provided however, that any requirements shall be commensu- rate wlth insurance requirements at other public use airports slmmlar to the Denton Municipal Airport ~n size and in scope of aviation activities, located ~n the southwestern region of the Un~ted States Lessee herein agrees to comply with all increased or ad]usted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said ~nsurance requirements w~thln sixty (60) days following the receipt of a notmce in writing from Lessor stating the increased or adjusted insurance requirements Lessee shall have the right to maintain in force both types of insurance and amounts of lnsurance, which exceed Lessor's minimum insurance requirements In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease XIII. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is ad]udlcated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provls~0ns of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law, or Lessee shall fall to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written not~ce to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this lease by written notice to Lessee In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph C 4 (Cancellation) hereof XIV. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and termi- nate all or any of its obligatIons hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events (1) issuance by any court of competent ]urlsdlctlon of a permanent injunction in any way preventing or restraining the use of sa~d airport or any part thereof for airport purposes, (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor 'to remedy such breach for a period of n~nety (90) days after receipt of a written notice of the existence of such breach, (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having 3urlsd~ctlon over the operations of Lessor or due to war, earthquake or other casualty, or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said a~rport and facilities or any substantial part or parts thereof' Upon the happening of any of the four events listed in the precedIng paragraph, such that the leased premises cannot be used 18 for avl, atlon purposes, then the Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time XV MISCELLANEOUS PROVISIONS A ENTIRE AGREEMENT Thls Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof Any change or modification hereof shall be in writing signed by both parties B BINDING EFFECT Ail covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto C SEVERABILITY If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties D NOTICE Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mall, return receipt requested, with postage and registration fees prepaid as follows 1 If to Lessor, addressed to City Manager City of Denton 215 E McKlnney Street Denton, Texas 76201 2 If to Lessee, addressed to Mr Jack Faas 6621 Brentwood Lane The Colony, TX 75056 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt E HEADINGS The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement 19 F GOVERNING LAW This Agreement is to be construed accordance with the laws of the State of Texas G MEDIATION Prior to instituting suit in a court of competent jurisdiction, the parties shall, in good faith attempt to settle any controversy or claim by any party hereto arising out of or ~elatlng to this Agreement by mediation ~n accordance with the laws and rules, then obtaining, of the State of Texas and the State Bar of Texas H NO WAIVER No waiver by Lessor or Lessee of any default or breach of covenant or term of this lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of th~s Agreement I INDEPENDENT CONTRACTOR During all t~mes that th~s Lease is in effect, the parties agree that Lessee ~s and shall be deemed to be an independent contractor and operator and not an agent or employee of the Lessor with respect to their acts or omissions hereunder For all the purposes hereunder, Lessee ~s and shall be deemed an independent contractor and it ~s mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership or 3olnt venture between the parties IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written CITY OF DENTON, TEXAS, LESSOR BY Howard Mart~n, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY CITY OF' DENTON, TEXAS BY 20 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CiTY OF DENTON, TEXAS BY THE STATE OF TEXAS COUNTY OF DENTON ~ This instrument was acknowledged before me on the /~day of ~'~ ~ , 2001 by LESSEE ,~ ! ~'~¥ ~BL~ STAT~ 0~ T~ My Commzsszon Expires 21 Attachment A ,00 081 ( ,2 ,0£ £;~oI0 N ) ~ 22 Attachment B EXHIBIT "C FIELD NOTES to all that certain tract of I~nd sliueted In the Wdham N~lt Survey, Abstract Number 970 In fl~e o~ ~nd Oou~ of Denton, Tex~ ~nd being ¢ pa~ of Lot I BIo~k fl of tho Southeast Alrpo~ Add,on, ~n add~on the Plat Records of Denton Oo~nty, Texa~, th~ subject trao~ being more pa~cufarly described aa follows; Commencing at the Inost Westerly Southwest Corner of eatd Lot 1 B',oc~ 1, THENCE Nodh 0B Dogree~ ~ MIn~t~ R1 Seconds East with ~i~e W~t line thereof a distance ef 1067 51 feet THENCE South 88 D~gr~es ~6 Minutes 10 8econd~ E~st a dls~nce of 898 84 feet to a capped iron rod s~t for ~ 8~hw¢~t Comer of~ her~ln deson~d ~fa~in ~e Nodn line of a 130 foot taxlway, drainage and utlll~ e~ement, THENCE No~ 01 Degrees 23 MIn~es 50 8e~nd~ East ~ distance of 180 00 feet to a capped iron rod set for the No~hwest Corner of the herel~ described tract In the ~outh hnc of a 80 foot access, drainage and ut~tlW THENO~ South 88 Degreet ~ Minutes 10 Seconds East with the South I~ne thereof a distance of 100 00 feet to a capped Iron rod set for the Nodheast Corner of the herein described tract, THENCE 8o~th 01 Degrees 23 Minutes 50 Seconds We~ a distance of 180 00 feet to a capped Iron rod set for tho Southeast Comer of the herein described tre~ In the North line of ~ald d ~0 foot e~sement, THENCE No~h 88 Degrees ~ M~nutee 10 Seconds West with aald No~h hne a d~stance Df 100 00 feet to the P~CE OF BEGINNING and enclosing 18,000 aqu~re feet of land Th~se F~eld Notes with the accompanying sketch were prepared from eq on.tha~round su~ey mede under my direction and supe~lslon on Janua~ e, 19~7, There are no ~s~ble or apparent Intrusions, protrusions or easements except as shown Th~s sudsy wes prepared wi~hout the benefit of a bile binder or schedule B Kennet~A, Z~lng~ R P L S No 5312 Date 23 ' AgendaNo c,~ "' Olc~ Agenda Item ~ AGENDA INFORMATION SHEET Oate~~.~ AGENDA DATE March 27, 2001 DEPARTMENT Legal Department CM/DCM/ACM Herbert L Prnuty, City Attorney SUBJECT - A Resolution of the City Council of the City of Denton, Texas supporting the request oflthe University of North Texas to the Texas Higher Education Coordinating Board to grant auth6nty to implement undergraduate and graduate englneenng educational and research programs, and deelanng an effective date BACKGROUND - McCall, a Piano Republican, is supporting SB 353 that would help alleviate the continuing shortage of englneenng and computer science graduates from Texas public universities The legislation, which has the backing of hlgh-teeh industry groups, would set aside $5 mflhon of taxpayer money to match donations from hlgh-teeh companies for a total of $10 malllon annually The money would be used to fund college and university programs to reermt and retain students in highly teehmcal degree programs Technology is the engine powering ,lobs and economm development in our area, and while universities have made slgmfieant, strides m bolstering our electric engmeenng programs, a lot of students may not get into the schools of their eholee - Texas A&M and the University of Texas at Austin have all the engmeenng students they can handle Therefore, The Umverslty of North Texas has requested our support in that the city make th~s bill one of the city's legislative priorities OPTIONS: 1 The Council can approve the Resolution 2 The Council can approve the Resolutions with changes 3 The Council can not approve the Resolution We recommend Option 1, that the Council approve the resolution Respectfully submitted, ert L/,Prouty City Attorney S \Our Documents~R. esolutmns\Ol\UNT Engineering Support Resolutmn doc RESOLUTION NO AN RESOLUTION OF THE CITY OF DENTON TEXAS SUPPORTING THE REQUEST OF THE UNIVERSITY OF NORTH TEXAS TO THE TEXAS HIGHER EDUCATION COORDINATING BOARD TO GRANT AUTHORITY TO IMPLEMENT UNDERGtLkDUATE AND GRADUATE ENGINEERING EDUCATIONAL AND RESEARCH PROGRAMS, AND DECLARING AN EFFECTIVE DATE WHEREAS, the North Texas region is currently the third largest Ingh tech region in the United States, after the Silicon Valley and Boston, and WI-IER.EAS, according to publ, cataons from the American Electronics Association, the North Central Texas Counml of Governments, the Texas Workforce Commission, and the Texas Advisory Council on the Digital Economy, the projected growth rate for jobs in the science and engmeenng professions in the North Central Texas Workforce Development Area is projected to increase by 45 percent between 1998-2008, translating into the need for an additional 6,650 college level graduates, and WHEREAS, Tom Englbous, the Ctuef Executive Officer of Texas Instruments, has summarized the main points of the aforementioned studies and reports by advocating that "We should set an aggressive goal that Texas umversltaes double the output of electrical engmeenng and computer science majors and also encourage techmcal talent at two-year colleges to move into a four-year programs," and WHEREAS, also according to Mr Englbous, "Throughout the United States semiconductor industry, an average of ten percent of all jobs - about 500,000 - are vacant and looking for,candidates," and WliEREAS, while serving as the Lieutenant Governor of Texas, current Governor Rack Perry publmly promoted the cntmal role of higher education in provl&ng a technically prepared workforce through creation of the Texas Senate Special Commission on 21't Century Colleges and Umvemtles, and WHEREAS, The University of North Texas continues to attract new students at a greater rate than agy other university in the Dallas- Fort Worth area, WHEREAS, the University of North Texas is already recognized for its strengths in highly dlso~plmary science and technology fields, and proposes to offer engmeenng bachelors and graduate degrees in fields directly related to the state s workforce needs, particularly in the Dallas-Fort Worth region S \Our DocumentshR. esolutlons\01\UNT Engmeenng Support Resolunon doc WHEREAS, City of Denton desires to support University of North Texas In its efforts to implement undergraduate and graduate engmeenng education and research programs THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the City of Denton does formally support the request of the Umverslty of North Texas to the Texas Higher Education Coordinating Board to grant authonty to implement undergraduate and graduate englneenng educational and research programs SECTION 2 That th~s resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET Oate_..~.~-~.~-~ AGENDA DATE' March 27, 2001 DEPARTMENT: Planning & Development Department CM/DCM/ACM: Dave Hill, 349-8314 ~) 14 SUBJECT Consider and take action on an ordinance to adopt a procedure for comprehensive zoning amendments pursuant to Texas Local Government Code BACKGROI.~ND The Council has asked that th~s item be placed on the agenda to clarify the process for adopting the proposed Development Code Staff has rewewed the reqmrements for adoption based on Texas State Statutes, the City's Charter, and the ex~stmg Chapter 35 of the Denton Code of Ordinances The attached ordinance provides clarification on the process and provides for a basis for adopting a new Development Code OPTIONS 1 Approve 2 Approve with changes 3 Deny RECOMMENDATION Staff recommends that the Council adopt the Ordinance as drafted ESTIMATED PROJECT SCHEDULE The proposed" ordinance states that the Planning & Zomng Commission will complete their rewew by April 25, 2001, and a report submitted to Council no later than May 2, 2001 The Council has ~ndmated that they will not remew the draft of the Development Code until the Planmng & Zonmg Commission forwards their comments on any section Upon completion of the remew by Council, a Public Heanng will be noticed and held prior to adoption of the Development Code PRIOR ACTION/REVIEW The process for adopting the Development Code has received review at the Development Code Committee, Planning & Zomng Commission and C~ty Councd Attachment 1 ~s a hst~ng of all of the formal meetings held over the past few years on the Growth Management Strategy, the Comprehensive Plan and the Development Code In total over 200 meetangs have taken place regarding the effort to comprehensively plan for the future growth and development of the City of Denton In October 2000 an inset was published ~n the Denton Record-Chromcle announcing the intent and schedule to adopt a new Development Code This ~nfonnatlon was also avmlable on the C~ty of Denton web site and repeatedly played on Channel 26 Further, an advertisement pubhshed monthly from October 2000 to January 2001 m the Denton Record-Chromcle lndmated the process being undertaken and the schedule of all meetings to be held regarding the Development Code The formal notice announcing the Pubhc Hearings on the Development Code was sent to all 35,376 property owners in the City as reflected on the offieml tax rolls provided by Denton County The formal Public Heanngs held on the Development Code were as follows January 24th, 2001 Planmng & Zomng Commission Public Hearing gl February 7th, 2001 Planmng & Zomng Commission Pubhc Hearing #2 February 20th, 2001 C~ty Council Public Hearing #1 March 6th, 2001 C~ty Council Pubhc Hearing #2 FISCAL INFORMATION N/A ATTACHMENTS 1 L~st ofmeetmgs 2 Draft Ordinance 3 Letter from Mayor to Planmng and Zomng Commission 4 Letter from P&Z Chmrman to City Council Respectfully submitted Douglas S Powell, AICP D~rector of Planmng and Development 2 ATTACHMENT 1 MEETINGS- 1997 TO 2001 (~wsed 3-16-01) POLICIES, ALTERNATIVE SCENARIOS, GRovgrH MANAGEMENT, COMPREHENSIVE PLAN AND DEVELOPMENT CODE TOTAL'TO DATE 216 MEETINGS + DENTON PLAN POLICIES 25 meetings I City Council - process approval July 1997 2 Chamber of Commerce December 5m, 1997 3 Chamber of Commerce December 18th, 1997 4' Neighborhood Meeting January 8th, 1998 5 Neighborhood Meeting January ! 2th, J 998 6 Leadership Denton January J 4th J 998 7 League of Women Voters January 15t", 1998 8 Neighborhood Meeting January 15th, 1998 9 Neighborhood Meeting January 21 ,t, 1998 I 0 Neighborhood Meeting January 22nd, J 998 I 1 Neighborhood Meeting January 26th, 1998 12 Neighborhood Meeting January 29th, 1998 13 Neighborhood Meeting February 2nd ! 998 14 Neighborhood Meeting February 4th, 1998 15 Denton Rotary Club February 5th, 1998 16 UNT Student Un,on February 5th, 1998 17 Neighborhood Meeting February 5th 1998 18 Denton Hispanic Chamber of Commerce February 5~h, 1998 19 Neighborhood Meeting February 9TM, 1998 20 P&Z Public Hearing February I Ith 1998 21 P&Z Public Hearing February 25m 1998 22 P&Z Public Hearing March I Ith 1998 23 City Counol Public Heanng March 17th, 1998 24 City Counol Work Session March 24th 1998 25 City Council Public Heanng & Adoption Apnl 7m, 1998 ALTERNATIVE DEVELOPMENT SCENARIOS 12 meetings 26 Neighborhood Meeting May 7th, 1998 27 Neighborhood Meeting May 14th, 1998 28 Neighborhood Meeting May 20th 1998 29 Neighborhood Meeting May 28th, 1998 30 Neighborhood Meeting June 4th, 1998 31 City Council June c)th ! 998 32 P&Z June 24m, 1998 33 P&Z Work Session July 8th, 1998 34 P&Z Recommendation July 22nd 1998 35 CityCouncll August ] [th 1998 36 City Council Work Session August ~'5th, ] 998 37 CityCouncll September 15th 1998 C\My D ccumentsXDEVELOPMENT CODEIPRIOR ACTION 3 yems ~ 3 MEETINGS - 1997 TO 2001 (revased 3-16-01) POLICIES, ALTERNATIVE SCENARIOS, GROWTH MANAGEMENT, COMPREHENSIVE PLAN AND DEVELOPMENT CODE GRO~(fl'H MANAGEMENT STRATEGY 29 meet~ncjs 38 DISD/CCJolntMeetlng Oct 21st 1998 39 Rayzor Elem Cafeteria Oct 26th, 1998 40 Borman Elem Cafeteria Oct 27TM 1998 41 P&Z Work Session Oct 28TM 1998 42 Wilson Elem Cafetena Oct 29th, 1998 43 Traffic Safety Commission Nov 2n~ 1998 44 Lee Elem Cafeteria Nov 2n~, 1998 45 Public Utility Board Nov 2nd J 998 46 DISD NOV 2n~ 1998 4-7 MLK Rec Center Nov 3rd, J 998 4-8 Sen~or Center Nov 3rd, 1998 49 Houston Elem Cafetena Nov 4th, 1998 50 Enwronmental Committee Nov 4TM, 1998 51 North Lakes Rec Center Nov 5th 1998 52 Fred Moore Center Nov 5tH, 1998 53 City Council Chambers Nov 7th, 1998 54 Hodge Elem Cafeteria Nov 7th J998 55 McNa~r Elem Cafetena Nov 9TM, 1998 56 City Council Work Session Nov 10th 1998 57 P&Z Public Hearing Nov 1 Ith 1998 58 Community W~de Workshop Nov 14~h, 1998 59 Park Board Nov 16~h 1998 60 City Council Public Heanng Nov 17TM, 1998 61 City Council Work Session Dec ] 5th, 1998 62 P&Z Public Heanng # I Dec 16th, 1998 63 City Council Public Heanng # 1 Jan 5th, 1998 64 City Council Work Session Jan 12th, 1998 65 P&Z Public Heanng #2 and Recommendation Jan J 3th, J 998 66 City Council Public Hearing Jan 19th, 1998 1999-2020 COMPREHENSIVE PLAN 33 meetings 67 Qty Counal Rewew February 23rd, 1999 Introduction Population Forecasts, & Growth Management Strategy 68 C~ty Council Review March 30th, 1999 Infrastructure 69 C~ty Council Rewew April 13th 1999 Parks & Open Space, Urban Design "The Street, & "The Edge 70 C~ty Council Review April 27th, 1999 H~stonc Preservation, Public Facilities, & Economic D~vers~ficat~on 71 C~ty Council Rewew May I Ith, 1999 Environmental Management & Public Involvement C.\My D ocumentskDEVELC~MENT CODEXPRIOR ACTION 3 yea~s doe ~. MEETINGS - 1997 TO 2001 (rexased 3-16-01) POLICIES, ALTERNATIVE SCENARIOS, GROWTH MANAGEMENT, COMPREHENSIVE PLAN AND DEVELOPMENT CODE 72 City Council Retreat Review May 2 ] st, 1999 Land Use, Land Use Plan, Implementation Strategy, School 73 P&Z Review Session July 14th, 1999 74- Chamber of Commerce July 15th, 1999 75 P&Z RewewSesslon July21st, 1999 76 P&Z Rewew Session July 23rd 1999 77 Public Meeting July 26th, 1999 78 P&Z Rewew Session July 28TM, 1999 79 Public Meeting July 29th 1999 80 Public Meeting August 2n~, 1999 81 Public Meeting August 5TM, 1999 82 Public Meeting August 9th, 1999 83 P&Z Review Session August J Ith, J 999 84- Public Meeting August J 2th J999 85 Public Workshop August J 4th, J 999 86 P&Z Public Hearing August 25th, J 999 87 C~ty Council Public Heanng September 7th 1999 88 P&Z Public Heanng September 8th 1999 89 City Council Rews~ons Work Session September 14th, 1999 90 City Council Public Heanng September 2 l't 1999 91 P&Z Public Hearing September 22no, 1999 92 Joint Oty Council - DISD Board Meeting October 4th, 1999 93 City Council Work Session October 12th 1999 94 P&Z Public Hearing & Recommendation October 13th 1999 95 City Council Public Heanng October 19th, 1999 96 City Council Work Session October 26th 1999 97 City Council Public Heanng November 9th 1999 98 CRy Council Public Heanng November [ 6th 1999 99 City Council Public Heanng & ADOPTIO December 7th, } 999 DRAFT DENTON DEVELOPMENT CODE 1 1 7 plus 100 C~tyCounclIWorkSess~on May I Ith 1999 l 01 Oty Council August 1 st, 1999 102 C~ty Council August 15th, 1999 103 Code Committee September 9th, 1999 104 C~ty Council September I 0TM 1999 105 Code Committee October 14th, 1999 106 CRy Council October 15th 1999 107 Code Committee October 28t~, 1999 108 Code Committee November I 1th, 1999 109 City Council November 12th, 1999 I I 0 City Council December 14t", 1999 I I 1 Code Committee December 16th, 1999 112 Code Committee January 16th, 2000 I 13 City Councd January 17t~, 2000 I 14- Code Committee February 10th 2000 I 15 C~ty Council February I Ith 2000 C \My IDocumentskDEVEiOPMENr CODE'xPRIOR AC]%O~4 3 :mm doc 6 MEETINGS- 1997 TO 2001 (rewsed 3-16-01) POLICIES, ALTERNATIVE SCENARIOS, GROWTH MANAGEMENT, COMPREHENSIVE PLAN AND DEVELOPMENT CODE I 16 Code Committee February 24th, 2000 ! 17 , Code Committee March 9th, 2000 I 18 City Council March I 0th, 2000 I 19 Code Committee Apnl 13th, 2000 120 City Council April 14th, 2000 121 Code Committee Apn127th 2000 122 C~ty Council Work Session May ! 0th, 2000 ! 23 P&Z Work Session May ! !th, 2000 ! 24 City Council May ! 3TM, 2000 125 C~ty Council Work Session May 23rd 2000 126 P&Z Work Session May 24th, 2000 127 Code Committee May 25th 2000 128 City Council June 8t~, 2000 129 City Council June 13th, 2000 130 C~ty Council 6, Code Committee June 22"d, 2000 ! 3 ! Code Committee July ! 3th 2000 132 CJty Council July ! 4th, 2000 133 Code Committee July 27TM 2000 134 Code Committee August 8th, 2000 135 Chamber of Commerce August 10th, 2000 136 Code Committee August I 0th, 2000 137 City Council August I 0t~, 2000 138 Chamber of Commerce August 17t~ 2000 139 P&Z Work Session August 23rd, 2000 140 Chamber of Commerce August 24th 2000 141 Code Committee August 24th, 2000 142 Chamber of Commerce August 30th, 2000 143 Chamber of Commerce September 9th, 2000 144 P&Z Workshop September 13th, 2000 145 CC Workshop September 15th, 2000 146 City Council Worksesslon October I 0th, 2000 ! 47 City Council Worksesslon October 17th 2000 148 Daytime Planning Open Houses Daily, November 6th 2000 until December 22nd, 2000 149 Community Open House November I 1 th, 2000 150 Neighborhood Meeting November 13th 2000 151 Community Open House November 16th, 2000 152 Community Open House November 20th, 2000 153 Neighborhood Meeting November 27~h 2000 154 Neighborhood Meeting November 30th 2000 155 Chamber of Commerce November 30th 2000 156 Community Open House December 2'd, 2000 157 Neighborhood Meeting December 4th 2000 158 Community Open House December 7th, 2000 159 Chamber of Commerce December 7th, 2000 160 Community Open House December J J th, 2000 161 Chamber of Commerce December J 4th, 2000 162 Community Open House December 16th, 2000 163 ZFIA Meeting December 18th, 2000 164 Chamber of Commerce December 21 st 2000 C \My DocumeatsXDE~MENT CODEXPRIOR AGT~ON 3 y~m floc MEETINGS- 1997 TO 2001 (rewsed 3-16-01) POLICIES, ALTERNATIVE SCENARIOS, GROWTH MANAGEMENT, COMPREHENSIVE PLAN AND DEVELOPMENT CODE ! 65 Public Utility Board January 8£h, 200 I 166 Chamber of Commerce January I Ith 2001 167 ZBA Meeting January 15th 200 I 168 Chamber of Commerce January 18th, 200 I 169 City Council Work Session January 23rd, 200 I 170 ~ P&Z Public Heanng # ! January 24th, 200 I 171 Chamber of Commerce January 25th, 200 J 172 P&Z Subcommittee February 5th, 200 I 173 P&Z Subcommittee February 6th, 200 J 174 P&Z Public Hearing #2 February 7th, 2001 175 P&Z Subcommittee February 8th, 2001 176 City Council Workshop February 9th, 2001 177 P&Z Subcommittee l't Meeting February 9th, 2001 178 P&Z Subcommittee 2'd Meeting February 9th 200 I 179 City Council Worksesslon February ! 3th, 200 J ! 80 Planning Commission Worksesslon February J 4th, 200 J 181 P&Z Subcommittee February 15th, 200 ! 182 P&Z Subcommittee ISt Meeting February 15th, 200 i 183 P&Z Subcommittee 2nd Meeting February 15th 200 I 184 P&Z Subcommittee February 16th, 200 I 185 City Council Workshop February 19th, 200 I 186 P&Z Subcommittee l't Meeting February 20th, 200 I 187 P&Z Subcommittee 2~d Meeting February 20th, 200 I 188 City Council Public Hearing # ! February 20th 200 I 189 SEDNA Meeting February 26th, 200 I 190 P&Z Subcommittee February 27th 200 ! 191 Oty Councd Worksesslon February 27th, 200 ! 192 P&Z Worksesslon February 2Bth 200 ! 93 Chamber Open House March !'t 200 ! 94 City Council Workshop March 2~d, 2001 95 P&Z Subcommittee !,t March 6th 200 ] 96 City Counol Pubhc Heanng #2 March 6th, 2001 97 P&Z Worksess~on March 7th, 200 I 98 City Council Closed Meeting & Workshop March 9th, 200 I 99 P&Z Worksess~on March 14tn 2001 200 C~ty Council Workshop March 16t~ 200 ! 201 P&Z Subcommittee Ist March 19t~ 2001 202 P&Z Subcommittee I nd March 19t' 200 ! 203 P&Z Worksess~on March 20th, 2001 C \ My D ocun~msNDEVELC~MENT CODEkPRI OR ACTION 3 y~u~ doc S \Our Documents\Ordmances\Ol\Comprehenslve Zoning procedures doc ATTACHMENT 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A PROCEDURE FOR ADOPTION OF THE DENTON DEVELOPMENT CODE, A COMPREHENSWE REWRITE OF THE CITY OF DENTON'S DEVELOPMENT REGULATIONS PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §211 006, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Denton C~ty Council pursuant to 1ts home role powers and Section 219 of the Texas Local Government Code, has adopted a new comprehenmve plan, the Denton Comprehenmve Plan 1999-2020, and WHEREAS, the C~ty Council has previously appointed a City of Denton Code Committee to undergo the process of recommending comprehensive development regulations that are eonmstent with the pohmes set forth m the Denton Comprehenmve Plan 1999-2020, and WHEREAS, the Denton Caty Charter and the Code of the Cxty of Denton, Texas do not set forth a procedure for the C~ty of Denton for the adoption of eomprehenmve development regulations to ~mplement a new comprehenmve plan, and WHEREAS, the C~ty has posted and sent notices of public heanngs on the proposed comprehenmve development regulations, the Denton Development Code, to the owners of property wltlun the C~ty of Denton according to the tax rolls of the Denton County Apprmsal Dmtnct, and WHEREAS, dunng the pubhc meetings and public heanngs, the Planmng and Zomng Commission and the C~ty Council have received pubhc comment on the Denton Development Code, and WHEREAS, the Planmng and Zoning Commission has determined that they will continue to meet and rewew the Denton Development Code until April 25, 2001 and after that t~me, the Planmng and Zomng Commmslon will submit a report to the C~ty Council on the Denton Development Code, and WHEREAS, a favorable vote of three-fourths of the C~ty Council m not reqmred to overrule a recommendatmn of the Plannmg and Zomng Commmmon that the adoption of the Denton Development Code be demed, and WHEREAS, a failure to recommend or a recommendation of no action by the Planmng and Zoning Comm~smon on the report of the Denton Development Code to the C~ty Council shall not constitute a demal, and 8 S \Our Documents\Ordman¢os\Ol\Comprehens~ve Zoning procedures doc WHEREAS, after receiving the Planning and Zoning report on the Denton Development Code, the City Council may make any changes in the Denton Development Code warranted by law or in the pubhc interest, and WHEREAS, pursuant to Texas Local Government Code §211 006(a), the City Counml desires to create a procedure to notify the public of the pubhc heanng prior to the adoption of the Denton Development Code, and WHEREAS, by a two-tturds vote of the City Council, as required by Texas Local Government Code §211 006 (c) the prescribed notice of the public heanng prior to the adoptmn of the Denton Development Code shall be as hereinafter set forth within th~s or&nance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The findings contmned m the preamble of flus ordinance are Incorporated hereto as if fully set forth w~th~n the body of fins ordinance SECTION 2 The C~ty Council hereby d~rects the Planning and Zomng Commission to continue to meet and rewew the Denton Development Code until April 25, 2001 and after that t~me, but no later than May 2, 2001, a Plarmmg and Zouing Commission report on the Denton Development Code shall be submitted to the C~ty Council SECTION 3 A favorable vote of three-fourths of the City Council ~s not required to overrule a recommendation of the Plarmmg and Zoning Commission that the adoption of the Denton Development Code be denied SECTION 4 A failure to recommend or a recommendation of no action by the Planning and Zomng Comm~sston on the report of the Denton Development Code to the City Council shall not constitute a derail SECTION 5 That after receiving the Planning and Zoning report on the Denton Development Code, the Denton City Council shall conduct a public heanng pursuant to Texas Local Government Code §211 006 (a) to consider, make recommendation, and take appropriate action concerning the Denton Development Code lmplementuig pohc~es contained w~thm the Denton Comprehensive Plan 1999-2020 SECTION 6 That the notme of the time and place for the final pubhc heanng shall be given as follows a Before the 15th day before the public heanng a notice of the date, t~me and place of the pubhc heanng shall be pubhshed ~n the Denton Record - Chromcle, the officml 9 S \Our Documents\Ordmances\Ol\Comprehens~ve Zonln$ procedures doc newspaper m two separate places, the legal notme section and another locat~on ~n the newspaper separate from the legal notme secnon, and b Before the 7th day before the pubhc heanng, a notme of the date, nme and place of the pubhc heanng shall be pubhshed ~n the Denton Record -Chromcle m two separate places, the legal nonce section and another location an the newspaper separate from the legal notme section, and SECTION 7 That all ordinances or parts of ordinances m force when the provlamns of tins ordinance became effective winch are mconsmtent, or m conflict w~th the terms or prowmons contmned m this ordinance, are hereby repealed to the extent of any such confhct SECTION 8 That if any secUon, subsecUon, paragraph, sentence, clause, phrase, or word in tins ordinance, or the application thereof to any person or under any circumstances m held mvahd by any court of competent junsdmnon, such holding shall not affect the vahd~ty of the remaining port, ohs of tins ordinance, and the Caty Council of the C~ty of Denton, Texas, hereby declares ~t would have enacted such remaining portions despite any such ~nval~dity SECTION 9 Tins ordinance shall become effective ~mmedlately from and aiter ars passage and approval PASSED AND APPROVED this the day of ~ 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVBD AS TO LEGAL FORM HERBERT L PROU/TY, CITY ATTORNEY B Y 10 EuLmm B tocIc MAYOR March 16, 2001 Planning and Zoning Commission Members Dear Commission Members, At the March 16th City Council work session, the review and adoptton process for the Development Code was addressed Spemftcally, on March 27m, City Council intends to consider ,adoption of an ordinance that sets a schedule for the review and adoption process This ordinance will identify the remaining steps that will need to be undertaken, including holding a final Public Hearing before the Council Adoption of the Development Code is viewed as a vital component in increasing the city's tax base, and we must expedite completion of this very important task City Council asks for your response regarding the proposed process and asks that you agree to a timeline for the completion of Planning & Zomng Comm~smon review In addition, Councd has decided to suspend its own review of the draft code until the Planmng & Zoning Commmston has forwarded its comments and recommendations Council believes the current parallel review process has not been effective and has been confumn$ to many We beheve that your input is essentml and that the Planning & Zoning Commlsmon should have sufficient time to perform its duties However, we believe ~t ~s also necessary that your review be forwarded as soon as is practicable City Council requests that the Planning & Zoning Commissioners respond to the following 1 Can the Planning & Zoning Commission complete its review and recommendation process for the Development Code by April 25th, allowing nearly a full month beyond the March 28th date set earher9 2. Can any completed sections of the Code be forwarded to the Council ahead of the April 25t~ completion date9 3~ Are there any comments or recommendations that can be forwarded to Council at this time9 C~ty Council appreciates the time, effort, and comm~tmem made by the Planning & Zoning Commission in fulfilling its statutory responsibility in the review and adoption of the Development Code S~ncerely, Euhne Brock Mayor CITY OF DENTON 11 OFFICE OF THIg MAYOR 215 EAST McKnqNEY STREt:T · DENTON, TEX^S 76201 o (940) 349 7717 o FAX (940) 349 8596 · mayor~cltyofdenton corn Attachment 4 Memo To Mayor Eulme Brock Perry R. McNeil, Cb. mr~ From CC C~ Council Members Planmng and Zoning Conmmmoners Date 03/21/01 Re Development Code Review I am writing m response to your memo of March 16 concermng P&Z's schedule for making a recommendatton to Council on the proposed Development Code I beheve that the general feehng on the Conamsslon m m agreement wfth your statement that the parallel rewew process has caused confumon among some of our pubhcs It m also certainly tree that adoption of a Development Code m xatal to the City's tax base and the Corramsmon has taken xts task of making a recorranendatlon to Councd seriously We applaud your dects~on to hold one adchtaonal Pubhc Heanng as we too have considered thru posmbthty based on requests we have received fi.om various mttzens specdic quemons and responses are mdrated below 1 Can the Commtsmon complete ~ts review by April 259 There was unaramous consensus among the Comnmmoners that tim was a very acceptable target date for making our recommendation to the Council As you are aware we have already had extra meetings and have scheduled addmoml meetings at tim point to meet our goal ofa ttmely complet~om 2 Can completed sacttons of the Code be forwarded to the council prior to the April 25 date? The Co~iaz~mon agreed that ttus ts a very good dca and we wdl forward our recommendatzons on each of the sulyconmuttee reports ~er we approve them. We completed our renew of Sub-chapter 5, "Zomng Dtstncts" yesterday evening Staffts prepanng the report representing our dehberat~ons and recommendations, wbach will be m our packets for rewew tim Friday It vcdl be then be voted on at the March 28 meeting and forwarded to Council Each Cosmz~sstoner reserves the right to send a separate report on any of the Sub- chapters 12 We all agreed that Sub-chapter 5 was more techous than most, hence requn-mg two full meetings to get through ~t We ant~crpate a faster pace on some of the more su~ghfforward chapters The Co~i~ss~on unaramo~ agreed that whale we are forw~lmg our reconmaeMatlons "piecemeal" we reserve the right to send a final reconanandatton on the enttre document at~ we have completed the rewew of each of the Sub-chapters 3 Are there any comments or recon'anendatlons that can be forwarded at tins tune? Unfortunately we do not have any recommendations at tim tnne other than Sub- chapter 5, which should be m your hands by March 29 I beheve we, P&Z and Council, should see a final 'Yed-lmed" code document w~th mdlcatlons on a compamon page of the suggested changes prior to final approval The various sub- comnuttees and the chamber conamttee have invested an mcrechble amount oftnne m reviewing th~ document and making suggested constructive changes It would be a breach of good fiuth ffthere ts not an organmxt mecb. anmm to show that the suggestions were considered and/or included tn the document Tbas process has been promsed by staff at the vanom meetings over the last e~,ht or nme months The sub, corramttees have nearly all completed their reviews Staff,s now tn the process of con-~ng their reports on these actlv~es Our next opportumty for a review wall be at a specml called meetn~g on April 3 The March 28 meeting rmght offer some tane for a rexaew, however staff stated that ~t ~s a very intense agenda The Comrasslon ts very grateful for your support and confidence m our efforts · P~g~2 A~enda It~,~-.~---~ AGENDA INFORMATION SHEET Oat.'-,~,_/~ 7/0 ] AGENDA DATE March 27, 2001 DEPARTMENT Legal Department CM/DCM/ACM Herbert L Prouty, City Attorney SUBJECT: An Ordinance Authorizing the City Manager to S~gn the First Amendment to the Contract for Professxonal Legal Services Between the Cay of Denton and Karger Key Barnes and Spnnger, LLP, to Prowde Legal Servmes with Respect to an Open Records Request and Related Questions, Ratifying Prior Actmns, and Providing an Effective Date BACKGROUND: On the 21st day of March, 2000, the City of Denton entered into a contract between Karger Key Barnes and Spnnger, LLP, to provide legal services on an ad hoc basis to various departments including the C~ty Attorney's office The name partner m the law finn, Betty Spnnger, has been providing the C~ty w~th legal advice on employment law and related legal matters for many years Since the ongmal contract was below $25,000 ~t was executed under the C~ty Manager's authority It has now become necessary to lure Karger Key Barnes and Spnnger, LLP to assist the City Attorney's office m responding to an open records request for reasons more fully d~scussed m the status report Since the addmonal amount necessary to prowde the servmes may increase the total amount of compensatmn under the contract above the $25,000 C~ty Manager's anthonty, we need to seek your approval of tlus Fxrst Amendment OPTIONS: 1 Approve the F~rst Amendment to the contract for professional legal services 2 Dmapprove the First Amendment to the contract RECOMMENDATION For the reasons set forth herein, and in the C~ty Attorney's status report, we recommend your approval of thxs F~rst Amendment FISCAL INFORMATION. The Fxrst Amendment to the Contract would tncmase the Karger Key Barnes and Spnnger, LLP's compensation by an amount not to exceed $10,000 There are funds avadable in the Legal Department's special services account to cover tlus amount Respectfully submitted, Herbert L Prouty, City Attg~ey ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE CITY OF DENTON AND KARGER KEY BARNES AND SPRINGER, LLP, TO PROVIDE LEGAL SERVICES WITH RESPECT TO A OPEN RECORDS REQUEST AND RELATED QUESTIONS, RATIFYING PRIOR ACTIONS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the C~ty Manager ~s hereby authorized to execute the F~rst Amendment to the Contract for Professional Legal Servmes, dated the 21st day of March, 2000, w~th Karger Key Barnes and Spnnger, LLP, to assxst the C~ty Attorney's office xn responding to an open records request and to prowde related legal servmes SECTION 2 That the C~ty Manager xs authorized to make the expenditures set forth ~n the agreement SECTION 3 That all prev, ous actxons of the C~ty Attorney and bas staff, the C~ty Manager and bas staff, and Karger Key Barnes and Spnnger, LLP ,n takxng acUons and performing legal serwces w, th regard to tbas matter are hereby ratffied and approved SECTION 4 That th, s ordinance shall become effective ~mmedmtely 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 THE STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES BETWEEN KARGER KEY BARNES & SPRINGER, LLP THIS FIRST AMENDMENT to that certmn Agreement for Profesmonal Legal Servmes, executed March 21, 2000, heretofore entered into by and between the C~ty of Denton, Texas, a Texas Mumc~pal Corporatmn w~th ~ts offices at 215 East McK~nney Stxeet, Denton, Texas 76201 (hereafter referred to as "C~ty"), and the law finn of Karger Key Barnes & Spnnger, LLP, 300 West Tlurd, State 1700, Fort Worth, Texas 76102 (hereafter referred to as "Consultant"), acting hereto by and through their respective duly authorized s~gnatones, (hereinafter referred to as "Agreement"), and WITNESSETH NOW, THEREFORE, m consideration of the promises and mutual obhgattons here~n, the parties hereto do hereby mutually agree as follows SECTION 1 That Artmle 1 "Scope of Servmes" of the Agreement ~s hereby amended by adding a new Section F to read as follows F Consultant shall perform legal adwce and related legal servmes, to assist the CRy Attomey ~n responding to an open records request ~nvolwng venous county development d~stncts and related matters, including all legal matters pertaining to smd open records request SECTION 2 That Artmle 3 "Compensation and Method of Payment" ~s hereby amended by amending Subsection C to read as follows C Consultant estimates and the C~ty agrees that the all charges to legal services hereunder including reasonable out-of-pocket expenses shall not exceed $34,999 Consultant's legal services related to the open records request shall not exceed $10,000 which ~s included wRh~n tins Amendment Consultant agrees to nottfy the C~ty and seek a modfficat~on to the Agreement should the total fees exceed such amount SECTION 3 That save and except as amended hereby, all the remalmng sectmns, terms and cond~tmns of the Agreement shall remain ~n full force and effect IN WITNESS HEREOF, the C~ty of Denton, has caused the Agreement to be executed ~n duphcate originals by ~ts newly anthonzed C~ty Manager, and Consultant's Page 1 of 2 executed Agreement to its duly authorized undersigned partner, dated th~s the day of March, 2001 ~ IN WITNESS WHEREOF, the City of Denton, Texas and the firm of Karger Key Barnes & Spnnger, LLP have executed tlus F~rst Amendment To Agreement For Professional Legal Sennces, m duphcate original counterparts, by and through their respective duly authorized undersigned partner, on th~s the . day of March, 2001 "CITY" CITY OF DENTON, TEXAS A Texas Mumc~pal Corporation By M~chael W Jez, City Manager ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" KARGER KEY BARNES & SPRINGER, LLP By ATTEST By Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE' March 27, 2001 DEPARTMENT Fiscal and Mummpal Services ACM' Kathy DuBose, Fiscal and Mtmmlpal Servmes SUBJECT Consider nominating members to the Denton County Housing F~nance Corporation BACKGROUND In the early 1980's the City of Denton formed a local housing finance corporataon to prowde housing assistance for low and moderateqncome md~wduals The primary method for promdmg for such assistance was to ~ssue tax-exempt bonds, whmh then could be made avmlable at a reduced interest cost to first t~me homebuyers During the formation period, ~t was suggested that the City of Denton consider merging w~th Denton County, whmh had also estabhshed such a housing corporation As a result of thru suggestion, Denton County enlarged the membership of their Housing Fmance Corporation to eleven and amended thear bylaws so that five seats on the Corporation were filled by c~tlzens of Denton The five members currently representing the C~ty of Denton are Llnme McAdams, Bob Castleberry, Mark Chew, Kathy DuBose, and Dr Harold Perry The terms of all five members expired December 31, 2000 PR/OR ACTION/REVIEW (Council, Boards, Commiss~ons) On December 20, 1994, the City Counc~l nominated Mark Chew, Lloyd Harrell, Bob Castleberry, Lmme McAdams, and Harold Perry to serve on the Board of the Denton County Housing Finance Corporation In April 1996, Lloyd Harrell resigned and Kathy DuBose was appointed ~n has place On January 30, 2001 the Commissioner's Court appointed Lee Allen Baker, James Carter, Charles Emery, Greg Levehng, Ray Roberts and Sandra Thurman to serve on the board w~th terms endmg 12/31/06 At the March 6, 2001 Council meeting, Councd requested that all members prewously appmnted by the C~ty of Denton be contacted to see ~f they w~shed to continue serving on the committee Bob Castleberry is the only member who d~d not w~sh to serve another s~x-year term All others expressed a desire to serve another term Agenda II, formation Sheet March 27; 2001 FISCAL INFORMATION There is no fiscal impact Respectfully submitted Kathy DuBose, Assistant City Manager Fmcal & Mumc~pal Services 2 Agenda No O~ - ~lR ' Agenda Item. ~ C~.. AGENDA INFORMATION SHEET 0ate. ~/2~../O } AGENDA DATE: March 27, 2001 DEPARTMENT: Technology Servlces/Pubhc Information Office CM/DCM/ACM: Kathy DuBose, Assistant City Manager Howard Martin, City Manager SUBJECT' Consider appointments to the Webslte Task Force BACKGROUND. At your work session of February 27, 2001, City Council directed the formation of a Webslte Task Force to assist in the prlorltlzatlon of webs]re development based on the goals of 1 TransactlordServlce Availability 2 Thematic Appearance 3 Ease of Use Draft Task Force Charge The task force charge is to review the City of Denton web site (www cltyofdenton eom) focusing on access to city services as the primary charge The task force should make suggestions and provide ideas regarding strategies and pnormes to create high-value appheatlons, thus creating a site that is of value to our citizens The task force will also review the look and feel of the site, navigation of the site, and content aecesslblhty The task force vnll be made up of a citizen representative appointed by each City Council Member and representatives from Technology Services and Pubhc Information Office The first meeting should take place within two weeks of the appointment of the task force with a targeted completion date for the review to be 90 days after the first meeting ESTIMATED SCHEDULE OF PROJECT: The first meetang will be held w~thin two weeks of the appointment of the members w~th a targeted completion date w~thln 90 days of this meeting PRIOR ACTION: The following appointments were made at your meeting of March 6, 2001 Council Member Appointee Cotmcll Member Burroughs Bruce Mitchell Council Member Coehran Randy Hunt Cotmml Member Durranee Joe Ialent~ Council Member Knstoferson Vmk~e McCombs Council Member Young Robb Bertelsen RECOMMENDATION: Mayor Brock and Mayor Pro Tem Beasley make appmntments to the task force Respectfully submitted Alex Pettlt Director of Technology Services Prepared by Betty Williams D~rector of Management & Public Information Enclosure: Web Site Update AGENDA DATE. March 27, 2001 Questxons concermng tlus acqmsltlon may be directed DEPARTMENT. Utility Customer Service to (Susan Croff/349-8199) ACM. Howard Martin ~ SUBJECT Receive a report, hold a discussion and give staff direction regarding proposed changes to City Ordinance - Chapter 26 - Utlhtles These proposed changes reflect changes m the operations, technology, and customer needs m preparation for deregulation BACKGROUND Changes to this ordinance are needed to reflect current customer service operational needs The specific changes relatang to customer servuce items include · Incentives for prompt payment · Reduction of the interval between the payment due date and termination of service · Flexibility m the detenmnat~on of deferred payment plans (past due financing) · Recovery of costs · Abd~ty to adapt to new technology to provide new services RECOMMENDATION Staff recommends the acceptance of the proposed ordinance changes PRIOR ACTION/REVIEW (Council, Boards, Commissions) Several changes were made to C~ty Ordinance - Chapter 26 m July of 1994 In September of 1998, the ~mpact fee portion (Sections 26-210 through 26-231) was added On February 18, 2001, the proposed changes were presanted to the Pubhc Utthty Board Recommended changes are included In the information presented FISCAL INFORMATION The proposal changes the parameters m which utility customer service can provide service It also allows for additional recovery of costs for these services and the use of city funds These proposed costs will be controlled by the annual rate ordinance approved by the Public Utility Board and the C~ty Council, and the utility review committee Respectfully submitted Exlub~t I Summary of proposed changes Exhibit II Detaal of proposed changes Exhibit III Copy of the current relevant sections of City Ordinance Proposed Ordinance Changes These are proposed changes to the City Ordinance - Chapter 26 These changes reflect updates necessary to reflect changes m plulosophy or operational needs, and changes m preparatmn of deregulation and the use of current technology They arc being put before you to receive your input on the basic premise of each change The amendments have not been reviewed or approved by the legal staff or formally written This form is written to provide you with the following ln£ormatlon 1 Premise and explanation of the change A The current ordinance B The proposed change C Examples may be provided for clarification The current ordanance has been attached for your reference 1 The orchnance is being updated to reflect the current organizational structure A Throughout the ordinance the term "executive director of utthtles" m used to describe the person g~ven the respons]bihtles of utility operatmns B The previous term has been changed to read the "assistant city manager - utfllt~es" 2 Chapter 26-3 (a) and 26-4 (a). Serwce deposits and amount of deposit. - (a) Resldentml - This sectmn has been changed to reflect current practices and allow for use of current technology This will give us the opportunity to work w~th customers wuthout requmng them to come to our office or call for service We have also rearranged ~t to segregate res~dentml and commercial related ~tems A Please see Attachment A, sections 26-3 (a) and 4 (a), pages 1756 and 1757 respectively, of the attached Ordmance to rewew the current ordinance B The new sections, if approved would read as such t Residential customers If a customer receiving residential service is required to make a deposit, the amount of the deposit shall be a mlmmum of one hundred fifty dollars ($150 00) If the customer has an unacceptable credit rating, the deposit may be as much as an amount equal to one-sixth of the last twelve (12) months' bflhng at the service location or a similar location as determined by the utility representative An altematxve to the deposit is avmlable ffthe customer meets one of the following criteria Restdenttal exemption from deposit No service deposit will be reqmred of an apphcant for residential utility servme if the applicant can provide and qualify for one (1) of the following (1) The applicant has an acceptable credit rating for twelve (12) consecutive months within the last 2 years with e~ther the city utility system or another electric utility company If the service was w~th another utdlty, the applicant must prowde the mty wath a letter of EXHIBIT II 5 credit from the former utthty company for verification w~tinn 20 days of sagmng for service (2) The apphcant provades a cosigner who accepts respons~inhty and as verified to have an acceptable credit ratang w~th the mty utlhty system, and who as wdhng to be bsted on the account to guarantee payment of the apphcant's utd~ty balls Tins guarantee wall be ~n affect until the apphcant develops an acceptable credtt rating (3) The customer receaves an acceptable credn rating from a credit source avmlable to the c~ty The customer must pay the cost of obtmnlng the credtt ratang +20% Tins cost wall be estabhshed by c~ty councd and be available in the office of the caty secretary For purposes of this chapter, "acceptable credit rating" shall mean a credit rating, winch is based upon a commonly used formula or software, or a formula approved by the city councd C Below is a summary of the changes relating to sections 26-3 and 26-4 as noted above 26-4 (a) relating to the amount of the deposit has been moved to 26-3 (a) wtth no changes This section allows for a $150 deposat It also adds that an amount equal to an estimate of 2 months of serv;ce may be reqmred afpnor credtt Instory ~s unacceptable or unavmlable n 26-3 (a) (2) refers to a cos:grief The written reqmmment has been removed Tins will allow us to take cosxgner lnformatxon over the phone wtth proper adentfficatlon of the cosigner m 26-3 (a) (3) has been deleted Tins sectmn prowded for a famaly co- apphcant Tins option ~s not an easy process for the apphcant nor does at provided adequate assurance to the City It reqmres excessive resources to obtaan and assure comphance ay 26-3 (a) (4) has been replaced Tins sectmn required the caty to come up wtth a credxt rating formula It has been replaced wath the City umng approved credat rating software Tins option reqmres the customer to pay the caty's cost +20% for retnemng a credat rating snmlar to that used by car dealersinps 3 Chapter 26-3 (b) and 26-4 (b) Service deposats and amount of deposit - (b) Commeroaal and Industrial - Tins sectaon has been changed to reflect current practmes and allow for use of current technology Tins may gave us the opportumty to work wxth customers wathout requmng them to come to our office or call for service The two sections have been rearranged to segregate residential and commercial related ~tems A Please see Attachment A, sections 26-3 (b) and 4 (b), pages 1756-1757 and 1757-1758 respectavely, of the attached Ordinance 26 to rewew the current ordinance B The new sections, if approved would read as such Commerctal customers In the case of commercial or ~ndustnal servme, ~fthe apphcant for servme ~s reqmred to make a deposit, the amount of the deposit shall be a m~mmum of three hundred dollars ($300 00) or an mount equal to one-s~xth of the last twelve (12) months ofb~lhng at the locatmn where servme ~s requested, whmhever ~s greater If no prewous lustory ~s avmlable for the location, a representative fatality s~mllar to the type where service ~s requested will be used to estabhsh the amount of the deposit Commercial alternattves for deposit An apphcant for utd~ty service for a commercial or industrial entity or bus~ness may not be reqmred to make a deposit ffthe apphcant (1) Prowdes the city an acceptable commercml/~ndustnal credit rating for the last twenty-four (24) months the customer received service from the c~ty utlhty system or commercml letter of good credat from another utlhty system The period has to be w~thm the three (3) years prior to the date of apphcat~on The letter of good crefiat from a former utility company must be received for verification w~ttun 20 days of signing for servme Credit references from residential utlhW accounts are not accepted for exempttons of commermal/mdustnal deposits, or (c) Deposit alternatives If the credit of a commermal/~ndustnal customer for service has not been estabhshed satisfactorily to the city, the apphcant may prowde an ~rrevocable letter of credit ~n heu ora deposit The ~rrevocable letter of credit must be executed by a Texas bank to the satlsfact~on of the c~ty manager and clty attorney The customer must mmntmn the ~rrevocable letter of credit in effect at all times If the customer allows the ~rrevocable letter of credit to expire, the customer shall pay a deposit ~n the amount prowded as hsted above, or the city may terminate ut~hty serwce C Below as a summary of the changes relating to sections 26-3 and 26-4 as noted above i The surety bond option has been removed as a deposit alternative The surety bond does not provide adequate assurance to the C~ty and has reqmred greater resources to mamtatn and assure comphance ti The prowslon of financial ~nformat~on ~n heu of a deposit has been removed This also reqmres knowledgeable personnel to determine significance of financial data to protect the city from risk 111 A commercial letter of good credit from another utility system has been added Tbas allows commemml apphcants to qualify based on bastory with other utility compames similar to residential applicants 4 Section 26-4 (c) Additional deposit Changes were made to the number of days payment must be made 1fan additional deposit is reqmred 3 7 A Section 26-4 (c) Addlttonal deposit This section reads that an additional deposit will be due "within (10) ten days of the city's request provided a written disconnect notme has been issued" B The updated version allows 14 days This allows us to put the d~sconnect notice on the current monthly b~ll and w~I1 make the additional deposit amount due w~th the current bdlmg amount 5 Sectaon 26-4 (d) Interest Changes are proposed to the interest rate pertatnlng to deposits held by the caty In addlt~on, ~t allows the city to credit the deposit to an active customer's account as long as the amount will be used within a 2-month period These changes allow the anterest rate to be adjusted annually an the utlhty rate ordinance It also allows the deposat to be credited to the customer's account rather than paymg out small amounts This will reduce our check production, which will decrease the resources needed ~n both customer service and accounts payable A The current ordmance reads "The city shall pay interest on deposits at an adjustable rate The rate of interest will be adjusted semi-annually, on October 1 and April 1 of each year, to equal the interest rate of a one year Umted States Treasury note" B The revised ordinance would read, "The c~ty shall pay interest on deposits at an annual rate estabhshed by city council" In addition, the followang would be added "If the customer's account as active, the deposit will automatically be apphed to the customer's account to offset current bllhng If the amount remmmng ~s greater than 1/6 of the annual b~lhng amount due, the remmmng amount will be refunded to the customer" C The rate could be correlated to the c~ty's average annual rate received on investments, or continue to be based on the one-year Umted States Treasury note rate 6 Sectaon 26-5 Refunds of deposats The two minor changes to thas section include an ancreased allowance of dehnquency from 1 to 2 occasions in the last 12 months The second change deletes the reference to surety bonds 7 Sectaon 26-6 (b) Other fees - Reconnect fee and deposat Tlus section was changed to reference back to the add~tlonal deposit to allow the c~ty to require additional deposit amounts when a customer has been d~sconnected for non-payment In ad/ht~on, at allows the city to estamate thas amount based on a hke service if 12 months oflustmy ~s not available at the current service address A The current ordinance reads "If water and/or electric utdlty servme ~s dasconnected for nonpayment, then the customer wall be reqmred to pay a reconnect fee m an amount established by the city council and on file m the office of the caty secretary and mmntmn a deposit sum equal to one-sixth of the last twelve (12) month's bdlmgs on billing at the locataon where servme as requested" B The proposed ordinance would read "If water and/or elect-nc utd~ty service is dasconnected for nonpayment, then the customer wall be reqmred to pay a reconnect fee ~n an amount estabhshed by the city council and on file in the $ office of the c~ty secretary and estabhsh and mazntatn a deposzt sum equal to one-s~xth of the last twelve (12) months' btlhngs on bzlhng at the locatzon where servtce ts requested Ifa twelve (12) month hzstory ts not avatlable, an estimated usage wtll be used to assess the deposit amount 8 Section 26-6 (c) Delmauent _nenalty Th~s section has been added to allow the assessment of a penalty for accounts that are not prod by the due date Payment by the due date will prevent add~ttonal admmastrat~ve costs of momtonng and servme resources needed for d~sconnectmg of servaces A No reference B The proposed ordanance would read "Dehnquent penalty - A dehnquent penalty wall be charged to the customer for non-payment of a dehnquent ball ff the payment ~s not received by the due date as spemfied on the current bdhng The delinquent fee shall be estabhshed by mty counc~l and on file an the office of the city secretary Tlus dehnquent amount wall be due along wath the customer's current bflhng amount C Suggested delinquent rate as 5% 9 Sectaon 26-6 (d) Interest on past due and financing has been added to the ordinance Tlus section allows anterest to be charged on past due amounts and financed amounts This will encourage customers to pay for sen, aces w~thln at least 10 days after the due date It wall also encourage payment dunng periods that the city ~s not allowed to termanate servaces (summer and winter months) Payment dunng these tame periods w~ll prevent the customers from ancumng large balances that are dafficult for customer's to pay once the extreme weather seasons have ended The purpose oftlus enhancement is to recover costs of the use of c~ty funds A No reference B The proposed ordmance would read "Interest may be assessed on financed amounts and past due amounts starting wnhm 10 days of the past due date Thas anterest rate wall be estabhshed by the caty counml and on file m the office of the mty secretary" C Posmble interest rates could be prime rate for commermal and the rate ofmty mvestment interest for resadentml 10 Sectmn 26-8 Grounds for dascontmuauce of services (b) Thru section addresses th~ asmstant mty manager - utaht~es' responsxblhtaes and gmdehnes xn addressxng meter tampenng and continuance of services Thxs sectxon has been changed to allow add~taonal optmns for collection and service prowsxon A The orchnance currently reads '~rheexecutxvedlrectorofutfl~taesshall dxscontmue serwce to any person found defrauding the utahtxes department by tampenng wath any water or electric hne or meter Servxce dxscounected for any such reason shall not be restored until the executive darector of utthtaes xs satxsfted that all loss to the utahtxes department has been repmd and that servme may be restored wxthout danger of further loss through such acts" B The proposed ordinance would read "The assxstant caty manager - utxhtles or has desagnee shall chscontanue servxce to any person found defranchng the ut~ht~es department by tampenng w~th any water or electric hne or meter Servme d~scounected for any such reason shall not be restored untd the assistant c~ty manager - ut~ht~es or h~s designee ~s satisfied that all loss to the utlht~es department has, e~ther been repaid or ~s satisfactorily financed for repayment, and that service may be restored w~thout undue risk of further loss through such acts or nonpayment 11 Section 26-8 (d) Termination for dehnquent balances Th~s section has been added to state the city's nghts to ternnnate services ~mmed~ately for nonpayment Tins w~ll allow termmat~on on those accounts that represent a h~gh risk It also prepares the ordmance for deregulation If the retad prowder reqmres termination upon past due date, the c~ty has to terminate services according to the retail prowders gmdehnes A No reference B The proposed ordinance would read "Utd~ty servmes may be terminated if payments become dehnquent The mty may ternnnate services at any time upon delinquent status of an account Once services are terminated, any depomt held by the c~ty will be apphed to the dehnquent account If the customer wishes to reconnect servmes, the customer w~ll be required to pay a reconnect charge, and the remmmng balance of the dehnquent amount or at least 50% w~th a s~gned legal agreement to pay the remainder w~th~n three (3) monthly installments The c~ty may refuse servme and reqmre payment ~n full, based on the crecht lustory of the customer For continued servme, the c~ty will mqmre an addlt~onal deposit amount as described in 26-4 (b)" 12 Section 26-9 (a) Bffimg and collection for serwcas - Due date for payment of statements The parameter for the due date has been changed by one day It allows 2 weeks for payment In addition, the reference to "c~ty cashier's office" has been updated to "estabhshed utlhty servmes payment locations" Thru was necessary to ~nclude the lock box, and potentmt web or tele-check sites where payments may be accepted A The ordinance currently reads "The due date for the payment of the b~ll for utility servmes shall not be less than 15 days after issuance Payment must be received ~n the c~ty casluer's office by close ofbus~ness on the due date, ~n order to avoid assessment of a penalty Payments placed ~n the mml and showing a postmark on the due date will not be considered as being received on the due date" B The proposed orchnance would read "Due date for payment of statements The due date for the payment of the b~ll for ut~hty sermces shall not be less than fourteen (14) days after issuance Payment must be received ~n the estabhshed ut~hty services locations by close of business on the due date, in order to avoid assessment ora dehnquent penalty Payments placed in the ma~l and showing a postmark on the due date will not be considered as being received on the due date In addition, payments made through alternative sources (including but not exclusive to, telephone, drop box or ~nternet) wall be accepted according to the terms estabhshed for those servmes These payment reqmrements will be estabhshed by city councd, and avmlable in the 6 lO office of the city secretary, and posted at customer access points when posszble ' 13 Section 26-9 (b) Discontinuance of service for nonpayment Thzs section has been changed to reference section 26-8 (d) for the reasons stated in that sectzon A Thecurrentord~nancercads "Eachcustomerofthcczty'sutthtysystcmwfll be rated "A" or "B" at the time Ins current utthty statement zs prepared A customer with no outstanding past-due balance will be rated A, and a customer with an outstanding past-due balance will be rated B B The proposed will read "Each customer of the city's utthty system who has not pand by the past current due date or accordzng to finance plans is eligible for chsconnect after the due date without further not~ficatzon ' 14 Section 26-9 (c) Notice of termination for certain customers Th~s section establishes a termination notification which requires the preparation and mailing of an adihtlonal notice 5 days pnor to the second due date This practice allows a past due balance to remain past duc for up to 45 days W~th the estabhshment of ehg~bfllty of termlnatzon upon the past due and the not~ce on the bill, this statement Is no longer necessary However, we have estabhshed a courtesy call notzficatlon TIus call zs referenced m this sectzon under the proposed ordinance A The ordinance reads "A customer w~th a B rating will be not~fied on his current utility statement that hzs servzce will be disconnected the day alter the present due date if payment for the past and present statements is not received by the due date The notzce will ~nform the customer that he should contact the customer service department of the czty wztinn the fifteen-day period and prior to disconnection of utility serwce to present any ewdence or argument concerning the statement or amount ofutthty service prowded by the city If full payment has not been made approximately five (5) days pnor to the duc date, the customer will again be not~fied by mall of possible termlnatzon and Ins alternatives ' B The proposed ordinance would read "Nonce ofterrmnatzon of services A customer will be notified on Ins current utlhty statement that his service eligible for dlscounectzon the day after the present due date zf payment of the current amount due for services ~s not received by the due date The notice will inform the customer that he should contact the utility customer senace department wltlun the fourteen-day period and pnor to dzscounectlon of utility servzces to present any ewdence or argument concerning the statement or amount of utthty service provided by the city The customer will be required to pay any amounts not registered by the customer service department as under dispute by the due date Any disputed ztems must be resolved w~th the department within 60 days ofnotnficat~on The c~ty will attempt to call the customer and provzde a verbal warning of termination of services (2) two days prior to actual termination 15 Sectlon 26-9 (d) Alternatives to termmation of serv~ees Tlussectlonhasbeen altered to include a reduction of the short-term financing to 3 verses 6 months It also establishes a long-term financing criteria that can be estabhshed by the utility review committee The current ordinance establishes the committee, but requires the cormmttee to review each case In using the comunttee in the last year, it was found to be more feasible and allowed for a quicker and consistent response to the customer to allow the committee to establish the guidelines for long-term financing By allowing the establishment of the criteria by the committee, it also g~ves the committee the abdlty to react to current issues affecting the community A Please see the attached ordinance Attachment A, Section 26-9 (d), pages 1760 and 1761 B The proposed ordinance would read "Alternatives to termination ofservme A customer with a past due or delinquent balance may avoid termmatlon of ut~hty servme by doing one (1) of the following Paying the total amount due by the specified due date, 11 Arranging w~th the utthty customer service department for a short- term payment agreement that would require a down payment of at least fifty (50) percent of the outstanding bill and payment of the remmmng amount in not more than three (3) equal monthly payments A customer may apply for a short-term payment agreement no more than once every 6 months m If the customer is unable to meet these conditions or if he has defaulted on a short-term payment agreement within the last 6 months, he may request to apply for financing under the utility account review committee criteria Cntena will be reviewed and approved by ttus committee at least annually This committee will be composed of the city manager, caty attorney, assistant city manager of finance and the assistant mty manager ofutthtles Addmonally, one (1) cmzen representative selected and appmnted by the assmtant city manager of utilities wall serve as a nonvoting member of the committee If committee members are unable to attend the meetmg, they may send a designated representative m their place The utd~ty account review committee is authorized to develop the cntena for long-term financing beyond the three-month penod but cannot extend beyond twelve (12) months Neither the utility customer service department nor the utthty account review committee w~ll have the authority to wmve all or any portion of the utthty statement owing to the city except when an error m bdlmg has occurred Finance charges will be applicable as determined by thxs ordinance and the utthty account review committee criteria Any account that is delinquent with out contact to address the delinquency wlttun 60 days of the delinquent date, will be turned over for collection, and appropriate reports regarding the customer's credit rating may be processed Once finanmng has been established using the review committee cntena, obhgatlons must be met according to that agreement No additional delinquency will be accepted Fmlure to pay under the agreed upon finance terms wall require payment m full for contmued servmes 12 16 Sectlon 26-9 (e) Certalnadiustmentsprohlbited Thlssectlonwasmchrect conflict with section 26-125 It has been updated to maintain the prohibition except for those adjustments allowed wlthm City Ordinance 26 A Underline areas below were added B The proposed ordinance would read "Certain adjustments prohibited No adjustment will be made in any monthly bill because of any water or electric leak or loss unless otherwise stated in this ordinance No allowance shall be made on utility bills because of use of less service than the quantity set as the basis for the minimum charge" I7 Section 26-9 (g) Notlceofmovmgrequired The ordlnance has been enhanced to specify the current procedures used to prorate the billing of the current and previous tenant when one or both of the tenants fmled to notify customer service of change in service A The underlined portion following have been added to the current ordinance B The proposed ordmance would read "Notice of service change mc~vlng required Any customer or prospective customer of the city utility system moving into or out ofa bmldlng where electric, water, sewer service or solid waste is or will be provided shall g~ve a minimum of twenty-four (24) hours' notice to the customer service department prior to the proposed date of cormectmn or disconnection of utlhtles If the customer falls to give proper notification, payax~ent for services shall be prorated based on evidence provided by the customer or available to utlht¥ services and the amount billed will be due and pa/able by the customer 18 Section 26-9 (h) Proration ofutditw bills Proration over a 30-day period is made an option m the event a rate is established to be a tree monthly rather than daily billing mount A The changes in the current are as follows "The billings for utdltles consumption may akal! be calculated on a thmy-day basis and prorated tugher or lower for longer or shorter billing periods respectively" 19 Section 26-9 0) Estimated billings and bllllne admstments Tlus section has been added to reflect current procedure and to address potential deregulation requirements Estimated readings are used currently only if a meter reading cannot be established in time for billing A No reference B The proposed ordinance would read "Estimated billings and billing adjustments The c~ty may estimate active utility services for no more than (2) two consecutive b~lhng periods This estimate shall be considered the current month billing and must be pad accordingly The c~ty shall also have the right to provide billing adjustments, consisting of back billing or back credits, on prior bdhngs for a period up to, but no greater than 2 years These prior period billing adjustments must be based on actual meter readings, verifiable evidence, or proration based on actual readings" 13 20 Section 26-9 (k) Relection of application Ttus section has been added to provide hmltat~ons to applicants that are connecting services in another name to avoid payment of amounts due A No Reference B The proposed ordinance would read 1 Utility Customer Service may ask to see a current lease and verify tenant lustory with property management in order to determine if service is a new service or is a continuation ofservmes All individuals listed on a lease may be obligated to pay any outstanding amounts due These tenants have benefited from the service IfUtdlty Customer Service determines that the applicant for service has benefited from the service previously provided, the service shall not be turned on in the applicant's name, until past due amounts are prod in full ii An application may be rejected if Utility Customer Service has record of previous past due accounts owing by the apphcant The city has the option of requmng these amounts be paid in full or transfemng the amounts to the new service account after a down payment and financing of the remmmng amount for (3) three months 21 Section 26-10 Average billings for certain services This section has been changed to, a) remove the specific rates m the event those rate classes change, b) simplify the average billing calculation, c) change the term to budget billing, d) remove specific waste water calculation in the event it changes It can be controlled annually through the rate ordmance, and e) to modify the parameters of ehglblhty and periods of acceptance into the program to reflect current practice It also allows customer service to review the customer's tustory and recommend budget billing to those on fixed income that have trouble paying their utility payment dunng the extreme weather seasons A The current ordmance Attachment A, section 26-10 found on page 1761 and 1762 B The proposed ordinance would read (major changes are underlined) Budget billing option. Any residential or local government utlhty customer of the city may request to be billed for electrical, water, sewer and/or samtatlon services based upon an average billing amount The ehglblhty and calculation criteria are as follows 1 The customer shall request budget billing in accordance with the provisions of this section The customer must have established residence and have a good credit tustory wlttun the past 6 months with the city Budget b~llmg will not be open for enrollment dunng the four months preceding the settlement month, or 12th month, of the budget billing year n The city may accept or deny the request based on the customers credit lustory and circumstances as presented by the customer Upon acceptance of the request, the city will compute the average bill based on the last 12 months ofbllhng, and adjusted for any rate changes that would affect the average calculation and as described in this subsection The customer shall be billed ttus average bill for the remmmng months after approval of the application On the settlement month, or twelfth billing month, the city will credit the customer's account for any accumulated mount in excess of the actual twelve (12) months' consamptlon If the amount is greater than 2 average monthly billings, the customer can request that the mounts be refanded ffrequested prior to the due date of the credit If the amount remaining represents an amount owed by the customer to the city, the customer shall have until the due date of the current billing to pay the additional amount due The customer's account may be reviewed quarterly and the average amount adjusted based on the current bllhngs Monthly billing amount calculation The city will compute the customer's monthly budget b~lhng amount by totaling the bllhngs for the services for the previous twelve (12) months If 12 months of bastory is not avmlable, utility customer servme may estimate the bfllmg based on the best avmlable information These bllhng averages can be adjusted to reflect any rate changes that would hkely increase or decrease the actual average annual bllhng amount These annual billing amounts will be dlwded by eleven (11) to produce estimated usages per month for the next twelve (12) months iv The city may provide budget bdhng for utility services based upon the customer's length of residence, credit lustory, and upon information provided by the customer Upon approval, the customer's written or oral consent shall constitute a legal agreement between the customer and the c~ty The customer must comply with the terms oftlus section, the terms of the agreement, and the budget billing policies of the city v Terrnmatmn of budget btlhng servtces- Any late payment (payment received after the billing due date) of any budget billing wluch occurs more than twice m a twelve-month period shall be cause for discontinuation of average billing Any returned check will also constitute a reason for terrmnatlon of this servme Unless, the customer agrees to an approved automated payment, the customer may be removed from the average bllhng program for fmlure to pay bills in a timely manner Such customer may not re-quahfy for such program until the customer re-estabhshes at least 6 months of qualifying payment history After a second removal from the program, a customer may not re-quahfy for such program until after the expiration of one (1) year and a consecutive 6 months of quahfylng payment history 22 Section 26-37 Ant~roval of rates reqmred This section was enhanced to include unaddltionallegahty The addlt~on reads "It shall be unlawful for person to pass on a utthty charge greater than that charged by an authortzed utthtyprovtderfor an amount greater than the actual amount due or charged by the provtder " Th~s supports our franchtse agreement and state law requirements 23 Soctlon 26-128 (d) (3) Admstments m bills for losses from hidden water leaks or unknown causes The length of time between adjustments has been increased from 12 to 13 months This prevents customers from receiving a credit annually for repetitive excessive usage The proposed ordinance would read "There has not been an adjustment made m the monthly bdhngfor water and sewer usage at the same servtce locatton wtthtn the pnor thtrteen (13) months under the provtstons of thts 24 Other areas under consideration include A The estabhshraent of the assistant mty manager - utdltles authority over the electrical inspection function B The use of SIC codes verses the NAICS for ~ndustnal ~dentlfiCatlon C The inclusion of Attachment A and B as noted in the ~mpact fee section D The change of the term slug E Possible ~ncentsves for using automated payment (credit card or bank) and lockbox 12 1 6 UTILITIES § 26-4 ~nformaiaon from recognized financial tatung agencies, mformatmn from credit report- mg agencies, references from other electuuc ut~hty suppliers, and such other fmanclai data that the city manager or h~s designate may requLre (c) Deposit alternatives If the credit of a commercm]/mdustna] customer for servuce has not been estabhshed sat~sfactonly to the city, the applicant may prowde a e~Lrety bond or an irrevocable letter of credit m heu of a deposit The bond must be executed by a surety autho- rized to do business m the Stats of Texas The letter of credit must be executed by a Texas to the satusfact~on of the c~ty manager and c~ty attorney The customer must maintain the surety bond, or where apphcable, the letter of credit, m effect at s]l tames If the customer allows the bond or letter of crecht ts expzre, the customer shall pay a deposit m the amount prowded m sectuon 26-4 or the c~ty may terminate utahty servuce (d) Deposzt due If one (1) of the candit~one m subsectuens (a), (b), or (c) above cannot be mst, then the customer requesting ut~hty serwce ~ be requrred to deposit an amotmt as prowded for hereto before receiving ut~hty servtce from the c~ty With regard to subsectmn (a), the city may provide serwce for up to twenty (20) days wl-nle the apphcant attempts to meet the exemptuen reqturements The mty shall notufy apphcant that serwce ~ be terminated Lf the apphcant does not meet the reqmrements for exemptuon In addition, a customer may be reqvared to pay a deposit ff (1) The customer has been terminated from receipt of utahty service due to non-payment of a ut~hty bill, (2)The sty has deter~.d there ~s evidence of tampering w~th the customer's meter, (3) The customer has an unacceptable credit rating and the c~ty does not have m ~ts files a current ¢omgner or apphcant who meets the reqturemante of sectaon (4) The customer has been reqmred to pay or m paying off a ut/xty account balance prewously deemed uncelle=ttble, (5) The customer has filed a pett~uen for rebel trader the apphcable prov~e~ons of the Umted S~atse B.uk~uptoy Code, or (6) The customers letter of =rsdxt or surety bond filed w~th the c~ty m heu of a deposit has expired (Code 1966, § 25-4, Oral No 94-132, § I, 7-19-94) Sec 26-4 A~ount of deposit. (a) Res~ custor~ers If a customer receiving remdant~al serwce m reqmred to make a ~epomt, the amount of the deposit shall be one hundred fifty dollars ($150 00) or au amount squnl ~e one*s=~h of the last twelve (12) months' b~llmg at the ).scot, on where servsce is requested (b) Comrr~erc~l customers In the case ofcommermal or industrial service, ffthe apphcaut for se~ce is required to make s deposit, the amount of the deposit shall be three hundred dollsrs ($300 00) or an amoant equal to one-s~xth o£the ~ast twelve (12) months o£blllmg at the Supp No 5 1757 I= X HIIBl'l' III §26-4 DENTON CODE locatmn where service ~s requested, whichever is greater If no previous tnstory m avmlable for the locatuon, a representative fac~hty mm~lar to the type where service is requested w~d be used to estabhsh the amount of the depomt (c) Addztzenal deposits The mty may requLre a customer to make au add~honaI deposit m the event that a deposit made as epecLded m subsectuon (a) or (b) m subsequently determined to no longer be sufficient In no event ~ the amount of the depomt exceed one-sLxth of the last twelve (12) months' b~llmg at the serwce location The mty may d~scunnect service ~ the customer does not remit the addmonal deposit w~thm ten (10) days of the c~ty% request provided a written d~sconnect hOraCe has been ~ssued Such chsconnect norms may be msued concurrently vnth the written request for the additional depomt (d) [nterest The c~ty shall pay interest on deposits at au adjustable rate The rate of interest vrdl be adjusted eem~- ~==ually, on October 1 and April 1 of each year, to equal the interest rate of a one year Umted States Treasury note If a refund of the deposit m made w~thlu thzrty (30) days of receipt of the deposit, no interest wall be pa~d If the depomt m retained more than thn-ty (30) days, payment of interest shall be retroactive to the date the entire amount of deposit has been made The deposit sh~l cease to draw interest on the date ~t m returned or credrted to the customer's account Payment of the interest to the customer shall be made at the ~zme the depomt m returned or crechted to the customer's account (e) Crsdzt checks ~t~er m~l~ng apphcatuon for serwce, the customer service department may pursue a crecht reference check The customer w~d be g~ven serwce promptly after ap~ phcatmn, but ~fthe crecht check shows the customer does not have au acceptable credxt rating, the customer ~ be reqmred to produce a comgner er place a depomt Fadure to do so ~ result m the checorrtmuauce of serwce w~th no less than two (2) days of notuficat~on ~ven m writing, to the proepectuve customer by the customer semce department (Ord No 94-132, § I, 7-19-94) Sec. 26-3 Refunds of deposits The cxty shall refund depomts to apphcauts and customers ff one of the following events (a) The customer's service has been chsconnected The c~ty shall refund the depomt plus accrued interest less any outstanding balances ~ transfer of servuce from one service locatton to another shell not be deemed a dmconnecUon and the mty shall not reqmre an addaUonal depomt unless authorized by secbon 26-3 orsectlon 26-4 hereof (b) When the customer has prod bills for ser~nce for twelve (12) ccnsecuUve remdent~al bfllmg~ or twenty-four (24) consecutive commercial or mdusmal billings w~thout having serwce dascomuected for non-payment of bills or meter tampering and w~th no more than two (2) occasmns each year m wkach a bill was delinquent as prowded by secUon 26-6(a), prowded the customer m not delinquent m the payment of the current Supp No 5 1758 18 UTILITIES § 26-8 bflI The c~ty shall refund the depomt (plus accrued interest) to the customer m the form of cash or credit to a customer's b~ll or release the customeFs surety bond or n-revocable letter of crecht (Ord No 94-182, § I, 7-19-94) Sec 26-6 Other fees (a) Connectwn and transfer fees A connection fee m a~ amotmt estabhshed by the aty council and on file m the office of the mty secretary will be charged to new customers requesting water and/or electmc sermce, and a transfer fee m an amount estabhshed by the mty council and on file m the office of the c~ty secretary ~ be charged emstmg customers for transferring from one location to another (b) Reconnect fee and deposit If water and/or elect-nc ut~hty serwce m disconnected for nonpayment, then the customer will be reqmred to pay a reconnect fee m an amount estab- hshed by the c~ty council and on file m the office of the c~ty secretary and msantam a deposit sum equsl to one-s~xth of the last twelve (12) months' b,]hngs on bdh.g at the location where serwce m requested (Ord No 94-132, § I, 7-19-94) Sec 26-7 Ser~ce prohxbxted to premases rn ~rtolatxon of cxty ord-~ances No ut-zhty serwce of the mty or connection for such service shall be furmshed or provided to any person engaged m the erection, constructucn, altera/non or repazr of any bufldmg or premises or any pa_,% thereof or engaged m the excavation or the laying of the foundatuon for any building or premises or part thereof where any part of such building or prennses m being erected, constructed, altered or repmred m molation of any ordinance of the aty (Code 1966, § 25-2, etd No 94-132, § Ill, 7-19-94) Sec 26-8 Grounds for chscontmn~nce of service (a) The chrector of pubhc utuhtnes shall chscontnnue set,nco to any person wolatmg any prov~mon of thts chapter or any publmhed rule or regulation of the utihties department, v.utfl such v~olat~on has been corrected (b) The executnve d~reotor of utthties shall discontinue se~ce to any person found de- frauding the ut~tties department by tmmpermg w~th any water or electric line or meter Service discon_uected for any such reason shah not be restored until the executive d~rector of ut~hties m satisfied that ah loss to the utihties department has been repmd and that sermce may be restored w~thout danger of further loss through such acts (c) Subject to the approval of the c~ty council, the executive chrector of utihUes shall discontunue servsce to any person found to be unreasonably wasting or diverting electr~mty or water (Code 1966, § 25-3, Ord No 94-132, § III, 7-19-94) Supp No 5 1759 19 § 26-9 DENTON CODE Sec 26-9 Bzllmg and collectxon for serwces (a) Due date forpayment of statements The due date for the payment of the bill for ut~hty semces shall not be less than fifteen (15) days s_~er ~asuance Payment must be recmved m the c~ty casluer's or, ce by close of busmass on the due date, m order to avmd assessment of a penalty Payments placed m the mad and showung a postmark on the due date w~l not be considered as bemg recmved on the due date (b) D~scont~nuance ofsermce for nonpayment Each customer of the tory's ut~hty system will be rated 'A" or "B" at the tune Ins current ut~hty statement m prepared A cuetemer v~th no outstandmg past-due bal~.uce will be rated A, and a customer w~th an outstandmg past-due balance w~l be rated B (1) A customer w~th an A ratmg will not be chscannected ff h~s accom~t ~s not prod m full by the due date (2) A customer w~th a B ratmg may be d~scennected ffh~s account ~s not prod m ful] by the due date (c) Not,ce ofterrnznat~on for certain customers A customer vnth a B ratmg ~ be notified on h~s current utuhty statement that h~s semce ~ be dasconnected the day al~er the present due date ffpayment for the past and present statements ~s not recmved by the due date The nct~ce ~ m~orm the customer that he should contact the customer serwce department of the cuty v~thm the f~een-day period and prior to dusconnect~on of utnhty serwce to present any ewdencs or argument concermng the statement or amount of utuhty serwce provided by the city If fulI payment has not been made apprommately five (5) days prior to the due date, the customer ~ ages be not~fied by mad of posmble termmatuon and klS alternatives (d) Alternatzves to termznatmn of sera,ce A customer w~th a B ratmg may avmd termma- tuon of utthty semce by domg one (1) of the followmg (1) Psymg the total amoun~ due, (2) Arrangmg w~th the customer serwce depm~zment for a deferred payment agreement that would reqmre payment of at least fifty (§0) percent of the outstandmg bill and payment of the remmm~g amotmt m not more than szx (6) equal monthly payments (3) If the customer is unable to meet these conchtuons or ffhe has defaulted on a deferred agreement, he ~ be referred to a utuhty account rewew comnnttee for further actmn T1us committee ~ be composed of the c~ty manager, cxty attorney~ finance director and utzhty d~rector Adchtxonally, one (1) mt~zen representative selected and appomted by the c~ty manager ~.11 serve as a nonvotmg member of the committee If committee members are suable to attend the meetmg, they may send a designated representa- tive m theLr place The ut~hty account review corem,tree xs authorized to develop a deferred payment agreement beyond the s~x-month period but could not e~end be- yond twelve (12) months Nmther the customer serwce department nor the utuhty account rewew committee will have the authority to waive all or any port~on of the Supp No 8 1760 20 UTILITIES § 26-10 ut~hty statement owing to the ctty except when au error m b~ll,ug has occurred Any account that is dehnquent will be referred to the c~ty attorney for collection, and appropriate reports regsrS~g the account's credit rating ~ be processed (e) Certaz~ adjustments prohzb~ted No ad3ustment w-~ be made m any monthly b~ll because of any water or electnc leak or loss No allowance shed be made on uUhty bills because of use of lees serwoe than the quantity set as the basts for the m~u,mum charge (/) Serwce meters required Each customer mamt~ug a separate residence, rather house or apartment, shall have a separate water meter and electric meter and a separate servuce connection to the c~ty sewer lines, prowded, however, that malt~ple dwelhn~s cont~,~ug less than dye (5) umts may be served by oas (1) water and one (1) electric meter and one (1) sewer serwce connect~cu and will be b~lled under the res~dentual malt~ple block rate Multtple dwell- rags cont~-~-g ~ve (5) or more u_mis winch do not have separate metering and serwce fac~I- ~tues shall be clasefl/ed as cemmermal buildings for utCaty purposes/md shall be billed under the apphcable commercml rates (g) Net~cs of mowng required Any customer or prospectuve customer of the cxty uV_hty system mowing rote or out of a building where electric, water or sewer serwce ~s er w~l be prowded shall ~ve a m,.lr. Um of twenty-four (24) hours' not, ce to the customer service partment prior to the proposed date of connection or chscon~ect~on of ut~ht~es (h) Prora~on ofat~hty b~Z~s The b111,.Es for ut~ht~es consumption shed be calculated on a tlurty-day basts and prorated hxgher or lower for longer or shorter b~111.~ periods respec- tively (~) Proration of customer fac:lzty charge All monthly customer £ac~hry charges contained m t]~,~ chapter shall be prorated l~gher or lower for b,11~ng periods longer or shorter than tb.uty (30) drays, respectively In such cases, the fiat monthly charge shed be mul~phed by twelve (12) then di~aded by three hundred s~xty-~ive (365) to ernve at a dmly customer fac~ty charge The dmly charge shall then be mult~phed by the actual n-~.ber of days m the b~Ul.g period (Code 1966, § 25-8, Ord No 94-~32, §§ III, IV, 7-19-94) Sec 26-10 Average billings for cert--~ servxces. Any residential ut~ty customer m customer classes R1 and R2 and local government (Gl) customers of the c~ty may be bxlled for electrical, water, sewer and samtaUon serwces based ' tyat upon ~-u average bill for the customer's prewous twelve (12) months of service w~th the the eerwce address where average b,11~g m requested m accordance w~th the following (1) The customer shall make written apphcatmn to the c~ty on a form furnmhed by the c~ty requsstmg average b~lhn~ m accordance w~th the prowsmns of this sect~an (2) Upon receipt and approval of the apphcat~on, the mty will compute the average bCd as described m tlus subsect~an The customer shall be billed tins average b~ll for the first eleven (1~) b~lh~gs al~er approval of the apphcatuon On the twelfth b~llmg, the c~ty will credit the customer's account for the accumulated amount of the average bill m excess of the actual twelve (12) months' coneumptuon and charges or b~ll the amount Supp No 5 1761 21 § 26-10 DENTON CODE for actual consumption and charges m excess of the average bdhn g provided for m th~s eectaon The customer shall have until the due date for the tweli~h bill to pay any addat~onal b~Imgs a Water and electrrc The crty vn]l compute the customer's total consumption of water and eIect~umty for the prewous twelve (12) months These annual consump- tuons ~ be dxvxded by eleven (Il) to produce estrmated usages per month for the next twelve (12) months The water and electuuc por~ons of the average bdl will be calculated using these esUmated usages and the rate schedules that are ap- phcable to the customer at the t~me the average bill xs computed b Sewer The cxty w~ compute the customer's average monthly water coneumptuon for the prewous three (3) wrater months of December, January and Februm-y that occurred w~thm the most recent twelve (12) mouths T~US average monthly rate o£consumptaon shall not exceed twenty-five thousand (25,000) gallons The month~ ly average of these three (3) wanter months w~ll be mult~phed by twelve (12) and chwded by eleven (ll) to produce an estumated effluent per month for the next twelve (12) months The sewer portxon ofths average bill for the next twalve (12) months vn~l be calculated using this estuuated effluent flow and the rate schedule apphcable to the customer at the txme the average bxLl m computed (3) The city may provxde average b~Umg for utuhty serwces based upon the customer's credxt ratung, the customer's credat ]nstory v~th the city for utrhty services or upon request of the utahty account revxew committee as a concht~on of the city's contract w~th the customer for payment of an overdue account or accounts or any other finan- cial reason Upon recmpt and approval of'the credit ratnag, the customer's written and rogued apphcataen shall ceustxtute an agreement between the customer and the city to comply w~th the terms of this sectxon and the average b~llmg pohcles of the city (4) Any late payment (payment received after the bill due date) of any average b~lh~g wluch occurs more than twice m a twelve-month period shall be cause for dascontm- ualaon of average billing Should the customer be removed from the average bdh~g program for failure to pay bills m a tamely m~n-er (late payment), such customer may not requaJMy for such program untul the c~ty hss received payments for subsequent ~111~g~ by the due date for a period of three (3) months After a second removal from the program, a customer may uot requahfy for such program until altar the exp~rataon of one (1) year (Code 1966, § 25-6 1, 0rd No 94-132, § III, 7-19-94) Sec 26-11 Electr~cal meters, electrical meter terminal boxes and supply conduc- tors, water meters and water dxstr~buUon ma~n~ and lines (a) It shall be v. alawful for any person, other than an officer or employee of the c~ty wthln the department of elecmc u~h~es or fixe department, to knovo, ngly or mtentmnally (1) Remove or cause to be removed ~ny electrical meter ov~ed by the aty from any elect~cal meter terminal box, Sapp No 5 1762 22 UTILITIES § 26-37 (c) Rep¢zrs and correctrons Repmrs and correctuons of defects m gas serwce shall be made w~ttun for/y-eight (48) hours after notuce ~s oven to the manager or other person locally m charge of the gas company (d) Servzcs conne¢tzons Upon the apphcatton of any bona fide consumer m a block where the gas mares are already extended, connectuons shall be made w~ttun fn%y-mght (58) hours al%er apphcatton ~s made to the off,ce of the gas company (Code 1966, § 25-94) Cross references--Plumbing code, § 28-141 et seq, mechamcal code, § 28-251 et seq Sec. 26-37 Approval of rates reqtnred. It shall be unlawful for any person exermsmg or enjoying any pubhc franctnse or pnwlege w~thm the c~ty to charge or collect for the local se'rwce rendered to the pubhc m the city any Supp No ~ 1762 3 23 UTILITIES § 26 52 Ingher rate than ~s now fixed or m e.~nstence or bmng charged therefor, w~thout fzrst f~b. ng apph~atmn for such ~ncrease v~th the czty council and secunng approval thereof (Code, 1966, § 25-91) Sec 26 38 Street rental charges, gross recexp~s taxes The mty council may from time to t~me le~y reasonable street or puhhc property rental or use charges agmnst the holder of any frsnch~se or may, m addition to other taxes, levy gross receipts taxes upon such franchlse holders Lu such amounts as may be per/rotted by the laws of the state (Code 1966, § 25-93) Secs 26-39--26-50 Reserved DMSION 2 COGENEi%ATION AND SMALL POV~ER PRODUCTION FACILITIES Sec 26-51 Purpose In order to comply v~th Sec~ans 201 and 210 of the Pubhc Utrhty Regalatory Pohcms Act of 1978 and w~th the rules and regulations of the Federal Energy Regulatory perta~mng thereto, the pohc~es of tins d~wsmn relating to mtercermect~ons of the electric system of the c~ty v~th cogenerat~on and small power production facrht~es, rates for sales of electric energy to such fac~ht~es and rates for purchases of electric energy from such facfut~as are hereby estabhshed (Code 1966, § 25-96) Sec 26 52 Scope (a) The Pubhc Ut~hty Regulatory Pohczes Act (PURPA), as supplemented by the Federal Energy Regulatory Comnuaszon (FERC) Order No 69, issued February 19, 1980, encourages cogeneratzon m small power production Cogenerat~on ,.~ the preductzon of electric energy a~ well as steam or other forms of useful energy, z e, heat, winch are used for industrial/ commerczal heating and/or coohng purposes Small power productuon m a fac~hty w~th tess than le~ghty thousand (80,000) l~lowatts of ~nstalled capacity winch produces electricall from such ipnmary energy sources as bmmass, waste and renewable resources, mcluchng w~nd, solar, geothermal or hydroelect~c energy (b) The c~ty department of ut~hbes m requ~.red by PURPA and FERC gmdelmes to rater connect with, operate m parallel w~th, purchase electricity from and sell electricity to cus tomers w~th quahiied fac~ht~es These gmdehnes make ~t clear that the o~ty's customers are to be nd worse off by addition of cogenerator and small power producers It means that they not see a tngher cost of electricity, the c~ty will not be required to make addat~anal mvestmants and She quahty of serwce wLll not be lowered (Code 1966, § 25 97) 1763 24 § 26 1'26 1 DENTON CODE Sec 26 126 1 Installation of taps by utlhty department (a) Utility department may install The utility department upon the approval of the su permtendent of water/wastewater field serwces ("superintendent"), and upon recmpt of the requ~ed fees, may remove, install, or relocate water and sewertaps and loops (b) Fees for routine ¢nstalZatrons Any person, assomatmn of persons, or corporat¢on de s~rmg that a water or sewer mmn tap, water meter loop, meter relocation, or sewer manhole breakout be removed, installed, or relocated by the uUhty department shall pay ~n advance to the utfllty department the apphcabIe fees as estabhshed from t~me to tnne by the c~ty council and kept on f'fle w~th the mty secretary (c) Fees for mstallat¢ons not lzsted (1) Any person requestlng the mstalIaUon of a tap or loop by the utility department for wh¢ch a fee es not spee~ed in subsection (b) shall pay m advance to the utflety department a deposrt based upon the esternated cost of such mstallatmn, or s~rmlar work, plus an admlmstratlon charge of twenty (20) percent (2) Upon completmn of the enstallat~on or s~nalar work requested per subsection (c)(1), the apphcant shall be billed at actual cost, as deternuned by the utility department, plus a twenty (20) percent adnumstrat~ve charge Any excess deposet shall be re funded to the apphcant (d) Tapping fees m addition to other fees a~d charges The fees and charges estabhshed hereto shall be m add,finn to any other apphcahle fees and charges provided by ordinance Any person, assomatlon of persons, or corporation requesting the mty to perform related services for whmh a fee has not been set shall be charged the tory's cost for providing such work, serwce, material, ~.ud eqmpment plus twenty (20) percent (e) Fzre sprinkler tap fees shaZ~ be waived Upon wmtten request to the superintendent, the ut~hty department shall wmve installation charges for water taps exclusively dedicated to firs sprmlder systems The supenntendent shall have sole discretmn m the apphcatxon of th~s subsection (Ord No gl-063, § III(25.8), 4 16 gl) Sec 26 127 Rates, charges, fees, otc The rates, charges, fees, depomts, bdhngs and procedures for prowdmg water and sewer service by the mty to xts customers shall be astabhshed and be m accordance wth ordmences adopted aud as f~om t~me to t~me amended by the cxty council, the ordinances and amend monte thereto to be kept on f'fle wth the mty secretary and to be evadable for mspectuon by the public dunng regular Business hours (Code 1966, § 25 35) Sec 26 128. Ad~ustme,nts m bills for losses from h~dden water leaks or ~Imown (a) De~nz~ons The £ollowmg words, terms and phrases, when used m this sect,.on, shall have the meamngs ascribed to them m th~s subsectmn, except where the contex-~ clearly indicates a chfferent roes.rang Supp No 1 1772 2 25 UTILITIES § 26 128 Ezcess ~sage means the chfference m the greatest normal usage of water at a service location and the actual a.mount of water metered and billed m the billing month for which the adjustment ~s requested at the ser~ce location Grea~es~ aorr~al ~zsa~'e means that amount of water metered at the customer's service location in the bflkng month of greatest consumption dumng the previous twelve (12) consec ut~ve bflhng months or, ~f there ~s less than t~velve II~) pmor billing months, the greatest consumption dunng any pmor bdlmg month, prorated to the number of days m the bflhng month for which the adoust-ment ~s requested ~d~fen ~zier Zea~ roes.ns any leak of a water pipe, line or other water conveyance equip ment caused by detemorat~on, corromon, natural forces or other s~mflar cause which m not immediately and reasonably detectable from the surface of the ground $~bs~am~zal zncrease zn ~a~er ~sa~e me~s ~ ~ncrease ~n the amount of water metered and b~iled at the customer's se~ce left,on for the bflhng month for whmh the adjustment requested which m ~n excess of f~ (80) percent of the ~eatest normal usage for that se~ce location Cross reference-Def~tlons ~d ~les of cons~ct~on gener~ly, ~ 1 2 (b) Ee~es~ ~or a~y~s~em~ ~y customer who ~s billed for a subst~t~ mcre~e zn water usage dumng any one (1) b~ng month due to a h~dden water leak or un~own ~use may request and recmve ~ adjustment ~n the ~ount balled for water and sewer usage for that month m accordance ~th the pro.mens of th~s section {c) ~rzI~em req~esl ~y customer requesting ~ adoustment pursuant to th~s section shall make the request ~n ~tmg to the customer se~ce dep~ment on forms provided ~or that pu~ose A request for ~ ad3us~ment b~ed upon a h~dden wate~ le~ sh~l state the location and cause of the le~, the date :~ was ~scovered ~d the date of ~d person m~ng ~he rep~r, w~th attached cop~es of rep~ balls A request for ~ adjustment based upon un~own causes sh~I state tha~ the apphcant h~ no ~owledge of the reasons for such excess usage of water at the se~me location for which the adjustment m sought ~1 requests sh~l be submitted wzthm th~y (S0) days of the due date of ~he monthly bill for whmh an adous~men~ m sought (d) A~y~s~em~ al~o~ed A rsquest for ~ ad]ustmen~ ~n a monthly bflI for water ~d sewer usage sh~l be ~ted if ~t mee~s the follo~ng congruous (1) A request ~th ~1 re~ed mfo~at~on, ~s filed ~th~n the requ~ed t~me, (2) The requested adjustment ~s for a monthly bflhng m which there w~ a subst~t~ ~ncrease ~n water usage result~g from a h~dden water leak or un~own cause, (3) There has not been ~ ad3us:men~ made m the monthly bflhng for water ~d sewer usage at the s~e se~ce location ~th~n the przor twelve (12) months under the prowmons of (e~ A~oun~ of aHyms~e~ If ~ adoustment m ~anted under th~s secUon, the customer's accoun~ sh~I be ad3usted by b~g the cus:omer for ~he excess usage of wa~er ~d sewer at the se~ce left,on for the month m which the ad]~men~ ~s ~ted at a reduced rate estabhshed by the mty counml ~d on f~e m the o~ce of the c~y secret~ {Code 1966, ~ 25 Supp No 4 1773 26 amount g-rearer than the actual amount &~e or charged by the prowder ' Th~s supports our franct~se agreement and state Ia~v reqmrements 23 Section 26-128 (d) (3) Adlustments m bills for losses from hidden water leaks or tmknown causes The length of tune between adjustments has been increased from 12 to 13 months Thts prevents customers from recetvmg a cre&t annually for repetitive excesstve usage The proposed ordinance would read "There has not been an adjustment made m the monthly bffhng for water and sewer usage at the same servzce Iocatzon wzthzn the przor thtrteen (13) months under the provtszons q£th~s Section" 24 Other areas under constderat~on include A The establmhment o£the asststant c~ty manager - utilities authority over the electrical mspectton function B The use of SIC codes verses tb.e NAICS for mdustnaI ~dentlficatmn C The mcltmon of Attachment A and B as noted tn the impact fee sectton D The change of the term slug £ Possible incentives for using automated payment (cre&t card or bank) and lockbox 27 Chapter 26 UTILITIES* Art I In General, §§ 26-1--26-35 Art II Private Utlhty Franchises, §§ 26 36--26-75 D~v I Generally, §826-36--26-50 D~v 2 Cegeneratlon and Small Power Production Fac~hUes, 88 26-51--26-76 Art III Electric Servxce, §§ 26-76--26-125 Dxv I Generally, §8 26-76--26-90 D~v 2 Underground Installatxor~, 8§ 26-91--26-125 Art IV Water and Sewer Serwce, §§ 26-126--26-150 Art V Direct and Indirect D~scharge Into Samtary Wastewater System, §§ 26-151--26-209 D~v 1 Generally, §8 26-151--26-170 D~v 2 Samtary Fac0alaes Requzred, §§ 26-171--26-185 D~v 3 Use of Public Sewers, 8§ 26-186--26-200 D~v 4 Industrial or Commercial Wastewater D~scharge, §§ 26-201--26-209 Art VI Impact Fees, §§ 26.210--26-231 ARTICLE I IN GENERAL Sec 26-1 D~rector of utilities (a) Defin~wn As used m thru chapter and wherever ~t may appear m th~s Code, the term "chrector of public ut~hties" or "pubhc utxhtles &rector" shall mean the executive darector of utzht~es of the umfataes department (b) Appointment The executive cb.rector of ut2~tles shall be appeared by the aty manager subject to confn'mat~on by the public utzht~es beard (c) Powers and duties The executive chrecter of ut-~hm, es shall have such powers and duties as may be prowded by orckaance (d) Mapping of systems The executive &rector of utxhUes shall prepare and mamtam complete, ap-to-date maps of the electmc, samtary sewerage and water systems of the aty (Code 1966, 8 25-1) *Charter references--Issuance of revenue band~ agamst antlc~pated revenues of mumc- lpally owaed umhty, § 9 01(b), pubhc ut'Lhiaes, § 12 01 et seq, franchises of pubhc ut~t~es, § 13 01 et seq Cross references--Cable telsvxsxan general.Iv, Ch 8, housmg generally, Ch 15, bualdmge and buzldmg regulataons generally, Ch 28, water supply, sewers and electmcal dastmbutxon system m mobile home or recreational vehicle parks, 8 32 86 et seq, water and sewer requzrements for subdavmxons, § 34-116 et ssq Supp No 9 1756 EXHIBIT II 2e § 26-2 DENTON CODE Sec 26.2 R~ght of entry Employees of the utflltles department shall have the authority to enter any house or premmes at any reasonable tnne m the regular line of du~y for the purpose of respecting any water, electric or sewer hue or any water or electric meter or for the purpose of m=l~ug necessary repeats If such entry m re~used, the employee shall have recourse to every remedy provided by law to secure entry (Code 1966, § 25-5) Cross reference--Inspection and abatement warrants, § 19-86 et seq State law reference Inspection wm~rants, Vernon's Ann C C P art 18 05 Sec 26~3 Service deposits (a) Exemp~ron from deposit for res~dennal service No serwce deposit vail be reqmred of an apphcant for ree~denUal utility serwce ffthe apphcant can prowde one (1) of the follewmg (1) An acceptable credit rating for the last twelve (12) months the customer recerved eerwce from the c~ty utthty system or another electric ut~hty company The period has to he vattnn the last two (2) years The apphcant must prowde the mty a letter of crecht for venficatuon (2) A comgner who is currently recmwng abJaty semce from the city and who has an acceptable credit tatung w~th the c~ty ulnhty system and wilt execute a written guarantee to guarantee payment of the apphcant's utnhty b~lls (3) A member of the apphcant's ,r~l~ediate f~mfly, 1 e parent, c~11d, or ecbhng, who has recmved serwce from another electmuc ut~ty company w~ttnn the past two (2) years w~th an acceptable credit rating for the past ~mvelve (12) months becomes a coapphcant, agreemg m writing to pay the account should the customer fad to make payment (4) An acceptable score on a Rink Model Assessment or other evalusUon of an apphcaut's credit approved by the c~ty ceaucfl For purposes of fins chapter, "acceptable credit rating" shall mean a credit rating which m based upon a formula approved by the mty council An "excellent credit rating" and "unaccept- able credit rating" shall refer to credit ratings winch are based upon a formula approved by the mty council (b) Exemptzon from depos~ for commerczal sermce An apphcant for utlhty semce for a commercial or mduemal entuty or business may not be reqmred to make a deposit ff the apphcaut (1) Provules the clty ail acceptable commercml/mdusrnal crecht rating for the last twenty-four (24) months the customer received serwcs from the cxty ut~b. ty system The Supp No 9 1756 29 UTILITIES § 26-3 penod has to be w~thm the three (3) years pnor to the date of apphcat~on Credit references from rescdent~al utuhty accounts ~re not accepted for exemptions of commerc~aJYmdustnal depomts, or (2) Demonstrates an excellent crecht ratzng by supplying to the ccty for review and vern%at~on, current relevant financial mformat~on which may include annual reports, Supp No 9 1756 1 30 AGENDA INFORMATION SHEET AGENDA DATE: March 27, 2001 DEPARTMENT: Pohce ACM: Jon Fortune ~ SUBJECT: Receive a report, hold a d~scussion, and g~ve staff direction on the appointment cfa task force to study racml profiling in Denton BACKGROUND: Before the issue of racial profihng can be resolved, the definition of racial profiling and a valid method of ~dentifymg racial profihng must be agreed upon by both the law enforcement profession and the citizens it serves There ~s pending legislation that would require pohce agencies to gather statistics regarding the race of the drivers contacted on traffic stops Some pohce agencies have begun to collect such data and the Department examined ways to modify ex~stmg databases so that such mformat~un would be readily avmlable However, once the statistics are amassed, there ~s no accepted method ofanalys~s to determine the existence of racial profihng An article pubhshed in the Dallas Morning News on January 14, 2001 accurately states th~s challenge, saying "no one- not the courts, not pohce, not c~vil rights groups-knows precisely what the statistics show or what to do v~th them That's because there is no agreement about what racial profiling looks llke on paper, or how to measure ~t" The Southwestern Law Enforcement Institute sohc~ts project ideas for law enforcement professionals attenchng the Command Management College On January 19, 2001, I submitted a request for a management study toward the development of a valid method to evaluate police patrol activity toward the identification of any trend of racial profihng as a class project The project was selected and the Department w~ll be actively part~cipatmg in the study Councllmember Young has requested the appointment cfa task force to study the patrol activities of the Pohce Department to determine if indeed, the Denton Police Department employ~ racial prnfihng as a matter of routine Should the Council determine that such a task force would be beneficial to the commumty, I recommend that the Council thoroughly d~scuss and arrive at a consensus regarding the following issues 1 Task Force Selection - The Council should give serious consideration to the task force membership These cons~derations could include, but not be limited to, the number of partic~pants, method of appointment, diversity of membership including geographic locations, race or ethmclty and age, and staff participation 2 Scow of Study - The task force should be provided w~th a clear and narrowly defined mission, written and admlmstered by the Cl~y Council This mission should Include the level of authority and oversight under which it operates, the process for obtaining information from the Police Department, the intended goal or outcome, a reporting format, and a sunset provision I would appreclata the oppommity to consult in the development of the scope of study so that any operational Issues could be resolved prior to the appointment of the task force A clear mission and goal chrectlve would provide the task fome with a Council- driven agenda and serve to avoid conflicts that might arise if members were le~ to define the mission 3 R0POrt DlStnbatl0n - Task force members should be &rected to walt for the completion of the study and ItS delivery to the City Council and the Police Department prior to releasing any information to the media, community groups or any individuals outside the task fome This condition would reduce the ability for opinions to be formed throughout the community prior to the completion of the study In addition to the recommendations listed above, I suggest that the Council delay the appointment ora task rome until we obtmn the results of the Southwest Law Enfomement Institute project and have an opportunity to &scuss these results w~th Council Any Information obtained through that study may be helpful in developing the scope of study for the committee and provide its members with valuable direction in the evaluation and identification of racial profiling OPTIONS 1 The Council can move forward w~th the appointment of a Racial Profiling Task Fome 2 The Council can delay the appointment ora Racial Profiling Task Force and give staff further &ruction on this issue 3 The Council can choose not to pursue the appointment of a Racial Profiling Task Force at this time RECOMMENDATION: The decision to appoint a task fome to examine racial profiling is mt}un the authority of the City Council The Council should take the action that they beheve is m the best interests of the community If Council determines the citizens would be well served by the appointment of such a task rome, I strongly recommend that due consideration is g~ven to the Issues previously mentioned and request the opportunity to actavely participate w~th Council in this process PRIOR ACTION/REVIEW: No prior action regarding the appointment ora Racial Profiling Task Force has been taken FISCAL IMPACT: There ~s no ~dent~fiable fiscal ~mpact at this time However, dependent upon the scope of the study, financial resources may be necessary Respectfully submitted, Gary L Matheson Chief of Police Prepared by Joame Housewnght Captain Support Operations Dlws~on ~genda No ~ Agenda Item~ AGENDA INFORMATION SHEET Date~ AGENDA DATE: March 27, 2001 DEPARTMENT: Planmng & Development Department DCM' David Hill, 349-8314 '~ ~/.~ SUBJECT - SI-00-013 (Krum Release of ETd) Receive a report and g~v¢ staff dlrectmn regarding a request from the C~ty of Krum to release approximately 7 acres, from the city's extratemtorml jurisdiction generally located south of FM 1173 and east of Masch Branch Road BACKGROUND A gas station / convenience store is currently proposed on the northern end of the s~te An exmtmg apartment ~s located on the southern end of the site and no plans are proposed for the remainder of the site The site lies within Denton's extraterntonal junsthctlon (ETJ) (See Attachment 1) The C~ty of K_rum has requested that the City of Denton rchnqu~sh the subject area to them (Attachment 2) The subdivision plat for the subject property, named "Little Brook Estates," was apparently approved by Denton County ~n the early 1960's Staff is conducting further research to obtain a copy of'the plat Chapter 42 023 of Texas Local Government Code states," The extratemtonal jurisdiction of a mtunc~pal~ty may not be reduced unless the govemlng body of the mumclpahty gives its written consent by ordinance or resolution ' On October 24, 2000, City Council received a report from staff regarding thru request At that meeting, Council directed staff to review the proposed development Development Review Committee comments are prowded in Attachment 3 Durmg a meeting held to d~scuss the proposed development, Krum representatives md~cated that further requests for ETJ release would be proposed Staff d~scovered that m 1997, and again in 2000, the Caty of Krum annexed property outside ars own ETJ and pamally inside the Ctty of Denton's ETJ (see map, Ordinance No 97-10, Bill Estes Annexation, and Ordinance No 00-08, Barthold Annexation, Attachment 4) At the t~me of the annexations, the City of Krum d~d not request the release of C~ty of Denton ET J, nor d~d Krum advise Denton that the annexations had occurred Staff then elected to return to Council to receive threcUon as to the proper course of action Section 43 901 of Texas Local Government Code provides for a two-year statute of hmltatlons on annexations unless an action to annul or review the adoption of the ordinance has not been m[tmted w~thm that two-year period Therefore, the 1997 annexation is now vahd Two years have not passed on the 2000 annexation, and City Council could dee~de to file an action to annul or rewew the annexation, wbach could result an lmgat~on unless the City of Krum agrees to dis-annex the property Council can also choose to ignore the annexation, w~th the result that the annexation will be vahd two years after the date of passage ESTIMATED PROJECT SCHEDULE No schedule for Council action has been set PRIOR ACTION/REVIEW October 24, 2000 City Council Work Session review FISCAL INFORMATION None at this t~me OPTIONS 1 Release the ETJ to Krum 2 Decline to release the ETJ 3 Postpone action pending further research 4 File an action to annul or review the 2000 annexation 5 Imtlate an involuntary annexation, extending approximately 6,000 feet and at least 1,000 feet wide, along FM 1173 to annex the subject property RECOMMENDATION Staff recommends that an inter-local agreement be drafted to 1 Release the subject site and fi.om the City of Denton ETJ, and 2 Formally release the land annexed by Krum in 1997 and 2000, and 3 Obligate the City of Krum to accept the subject property as part of their ETJ with the condmon that annexation will follow, and 4 Set the specific ETJ boundaries between Denton and Krum that will not be violated without mutual consent of both emes The staff reeommendatton is based on the premise that the Little Brook Estates subdivision v~ll be valid regardless of the action ta~,en by the City of Krum to annex the property Any further mformatton collected by March 27"' will be made available during the work session ATTACHMENTS 1 Location Map 2 Request Letter fi.om the Clty Of Sanger 3 DRC Comments 4 Map and Caty ofKmm Aunexatlon Ordinances Respectfully submltted~ff~ D~M Hill, AICP, ASLA Asst City Manager - Development Services I' ATTACHMENT 1 ,~ Sl.00.013 Krum Release of ETJ NORTH LOCATION MAP Scale None 3 Pho,e (940) 482'3491 .a~Fg~ur~KBROuXJTI~ Fax (940) 482-3020 Ona- ProudPast'~;?6249 May 22, 2000 ~ Director of Planning Caty of Denton ~ 215 E McKmney Denton, TX 76201 ,,~G,&~-,~,. ~6~ ~ RE Annexation Request Mr Hill, Enclosed please find a copy of a peUnon for annexaUon received by the City of Krum This property lies within your Extra Terntonal Junsdlcnon The C~ty of Krum would hke to proceed wzth ttus annexanon as requested by the property owners However the city would first l~e to detemune ~f the C~ty of Denton has an objecuon to this annexation Please contact myself or Conrad Shffflett, at (940) 482-3491 to &scuss this matter Thank you for your prompt attentton to this matter Sincerely, Floyd Watson, Mayor, City of Krum Enclosures Annexation pennon Map of the proposed area ANNEXATION PETITION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF KRUM, TEXAS The undersigned owner(s) of the hereinafter described tract of land hereby petition your honorable body to extend the present city hm~ts so as to include as a part of the C~ty of Krum, Texas, the following described terntory, to wit See Exhibit "A" attached INVe certify that the above descnbed tract of land ~s conbguous to the C~ty of Krum, Texas, Es not more than one-half (1/2) m~le ~n w~dth and that this petition Es s~gned and duly acknowledged by each and every person or corporabon having an interest ~n sa~d land ,_~ner's Slgna'{ure #1 THE STATE OE TEXAS COUNTY OF Befqre me, the undersigned authonty, on th~s day personally appeared ~. ~.. known to me to be the person whose name is subscribed t~the foregoing Instrument and acknowledged to me that he or she executed the same for purposes and cons~derabon thereto expressed G~ven under my hand and seal of office, th~s ~ ~ day of ~ , 2000 (SEAL) Nota~ Pubhc m and for the State of Texas ~ (:(~ Not~Publio, S~teolTe~s THE STATE OF TEXAS, COUNTY OF Bef. ore me, th~ undersigned authority, on th~s day personally appeared \/('Jx~,~... ¢~lt~J~z.,~/~2 known to me to be the person whose name ~s su~scnb~d to the foregoing instrument and acknowledged to me that he or s~e executed the same for purposes and consideration thereto expressed Gwen under my hand and seal ofo~ce, th~s, /~ day of ~ , (SEAL) Not~ Pubhc in and for the State of Texas My commission expires ~11~, 8~ of 7e~s K In Volume 3~ Page 5 ag the plat Kecor~ and descrLbed [u ch~ 4ced [r~ Connie co~ne~ theCeo[ tn :he ~tth Line o[ T~ct accel DJ land. 7 1~ ACRES FIELD NOTES to all [hat ce~a~ tra~ o[ la~d being a pa~ o[ Tra~ 27 o~ Lit[la erook Estates Unit No 2 an add,tion In Oenton County. Texas accordmg to [he plat thereof re~rded m Volume 3 Page S o~ [he Plat Recoil o[ Denton County, Tex~ as recogn,zed and occupied on the ground the subje~ tract be,ng more pan~c~la~y described as ~o~1o~. BEGINNING for [he No~hwest Comer o~ the tract being described here~n at a concrete monum~t ~ound for the No~hwe~ Comer o~ said Tract 27 In [he South ~gh[-ofiway of F M H~ghway 1173 and the EaSt ~ne of Mas~ Branch Road. ~ENCE No~h 89 D~rees 44 Mmutes S1 Seconds Ea~ with t~e No~h line of sa~d Tra~ 27 and the Sout~ hne o~ said highway, generally alonfa ~ence a distance of 41~ 47 Feet to a l/2~ ,POn rod ~ound for the No,beast Comer of said Tract 27 same be,ng [he No~hwest Comer o[ Tract 28. Iron which the remains o~ an old concre[e monument wa~ found lymg nea~y THENCE South O0 Degrees 09 Mmutes 01 Seconds East wdh the East line ot said Lot 27 a d,s[ance o~ 74S 53 feet to a concre[e monument found for [he No,beast Comer ol that ce~am [ram o~ o[ smd Tra~ 27, ~s~be~ m the deed to Denton 8apb~ Assoc. reco~ed m Volume 2660 Page 583 o[ t~e Real Pro~ Reco~s o[ Denton Coun[y. Texas. THENCE ~orlh 89 Degrees 47 Minutes 08 Seconds West w,th Ihe No~h hne of sa~ 8ap[,s[ tract, severing sal~ Tram 27 a dl~ance o~ 417 74 feet to a lJ2" Inn rod found for the No~hwe~t Corner of sa~d Bapbs[ t~ct ~n the West line of sa~d Tra~ 27 and the East ImP o[ said Masch Branch Road. THENCE No~ 00 Degrees 0~ M~utes 10 Seconds West ~t~ sa~d Ea~ line ant the Wes~ hne O~ sa~d Tract 27. generally along a tence o~upying the East Imp o~ sz~d road a distance o~ 742 la ~ee[ tO [he P~CE OF BEGINNING an~enclosmg 7 122 ac~es or land 7 Attachment 3 DRC COMMENTS Trans~)ortatlon Comments Looking at the ~nfo you gave us last week, the subject property ~s already subd~v~mon platted as Little Brook Estates It also appears that a subd~vis~on plat has been processed through the county Defimtely did not come through our process Driveways for the retail parcel do not meet our requirements for spacing, stacking or corner clearance As the property ~s w~th~n 8000 feet of a C~ty of Denton waterhne, if the property was replatted through the C~ty of Denton, there would be perimeter paving and s~dewalk reqmrements We would also reqmre more nght of way on FM 1173 I th~nk as a point of pnnc~ple, the property Is not developing the way we would hke to see i'm not sure that we have much control over that now, so maybe ~t should be part of Krum WaterNVastewater Comments' Th~s proposed annexation by Krum appears to be a continued eastward expansion of Krum ~nto the C~ty of Denton's ETJ and CCN for water and wastewater ut~hty service area The tract ~s also ~nside a dually cerbf~ed area for water service by the C~ty of Denton and Bohvar WSC although I do not beheve that BWSC has any fac~htles to provide service ~n th~s ~mmed~ate area The C~ty of Denton ~s the only wastewater CCN holder for th~s area but we do not have ex~st~ng fac~htles for water or wastewater service readily available to serve th~s area at the present t~me The closest fac~htles for both water and wastewater service are In the Ranch Estates subd~wslon to the southeast of th~s tract Th~s tract ~s within our water d~stnbut~on and wastewater collecbon system master planmng area but we do not have any specific projects planned ~n our five year CIP to serve th~s area w~th the possible excepbon of the 900 service plane elevated storage tank project I do not have a major ~ssue ~n forfe~bng th~s porbon of our service area over to the C~ty of Krum but I would strongly suggest that the C~ty of Denton and the C~ty of Krum define and agree to a specific boundary hne similar to the Argyle, Connth, Shady Shores and H~ckory Creek agreements made ~n the past Otherwise, I can enwslon that th~s one tract at a time process w~ll continue until Denton takes a non-cooperative poslt~on on the next request Th~s ~s a C~ty pohcy ~ssue and not a real water utility ~ssue to deal w~th Drainacm Comments Here ara my drainage comments related to Krum Annexation (12 acres on the southeast corner of Masch Branch Road and FM 1173) I have no issues w~th releasing the property for annexabon However, the C~ty of Krum may want to address the concerns I have menboned below 1 The property hes outside the 100-year floodplain as shown on the FEMA flood map However a creek ~s shown along and possible w~thln the property on the east side Typically the C~ty of Denton requlras a flood study of a creek of this nature, even when it ~s not shown as fioodpla~n on the FEMA map The lO0-year water surface elevations are calculated to set minimum fimshed floors The study IS also used to evaluate the development in regards to ~ncraases ~n lO0-year water surface elevations 2 The ~rngatlon fields for the aerobic treatment system may encroach ~nto the creek and floodplain Th~s Is an ~ssue that should be discussed with Denton County 3 Increases in runoff should be evaluated by a drainage study to determine ~ts ~mpact on surrounding properties and drainage associated w~th any road lO ATTACHMENT 4 ~ S1-00-013 Krum Release of ETJ NORTH '1997 & 2000 KRUM ANNEXATIONS Scale' None 02/12/200t 16 97 . 9404823020 CITY OF KRUM PAGE 84 OIU)I~A~CE 97-10 072796 ANNEXATION OF REAL PROPERTY OWNED BY BIlL ESTES ~ O~INANCE ~NG ~ ~ ~ ~ DESC~ED ~TOgY TO ~ C~ OF ~, DE~0N CO~, ~XAS, E~G ~ B0~Y L~TS OF S~ CI~ S0 AS TO INCL~E ~ ~ l~R DESC~ED PROPER~ ~ ~ CO~0~ C~ L~flTS, ~OPTION OF A SEK~CE PLAN, ~ G~G TO S~ ~TOKY A~ F~ ~~S OF S~ ~OPER~ ~L ~G~S A~ p~EGES OF ClT~NS OF ~ C~ OF ~ ~ B~ING S~ OCC~A~S TO ~L A~S A~ O~S OF ~ CI~ OF ~, ~S WEE~AS, A ~tmoa for ~e~t~on has ~n duly s~d and sc~owlcdged ~ each ~d ~rsoa or co~r~t~on ~ng ~n mt~st m the pm~ ~ sho~m m E~b~ attached hcr~to and ~de a ~fl h~r~, and, W~E~AS~ Sa~d tract of lan~ is ~au~o~ ~d ~djacent la the c~ of Km~, Text, ~d IS not ~orc th~n one-h~ (1/2) ~le m ~d~, and ~t is at le~t five h~dred (~00) [ee~ m narro~e$t ~at, and. WEE~A~, S~ld ~II[ton w~ prepaid to ~ C~ Councd on ~hc ~ ls~ ~)' of Ju~y 199~, ~d ~t~ ~ot bomg less ~n lwen~ (20) nor mom than mne~ (90) ~ys from ~ her~, ~n~, W~E~AS, The ~ Co.cfi appr~ e~ ~ ~mee plan pro~sed for ~e ~ ~o ~ ~, shown m Exh~bl~ "B s~ach~ her~[o snd ~de ~ p~ he.of, ~d, W~E~AS, Twopubhch~nngs~rccondu~ed ~efirston~e 8~yof~st, 1997,~nd~e s~ond on the l~h day ofAu~$[, 1992 ~g sl[ mltrested ~rsons ~o ~ he~d on ~tter, NOW, THE~FO~, BE IT O~ED BY T~E CITY CO~NC~ OF ~E C~Y OF TE~ $~Cr~o~..l That the PeaR,on ~or A~exaBoa, submitted by Bdl Estes, Is hereby gr~n~ b) ~h~ K~m C~ Cou~fl SEC~O~ 2 Thai ~he se~ce plan for ex[~ns~on o~c~ semc~ to the ar~ to be ~d ~s her~b) appro~d That the follo~ng described pro~ BEG~N~G for the No~est Com~r of the ~ct ~ng desen~d hereto at ~e No~c~ Comer of second m~oned Verst~cg ~ac~ (mos~ no.cfi) ~c0 m ~ W~st line of ~d Sm ~ m ~e ~d~e Ho~as Road la thc ~st hne of the ~Bng ~ ~ Ll~ hn~, ~rom ~ch ~c most Eesierly No.east C~ Lt~ Comer b~rs No~ a ~s~ee o[ ~28 fee~ mor~ or less, 12 02/12/2091 1G 37. 0484823820 CITY OF KRUM PAGE 05 City of Kmm Ordinance 9%10 page-2- THENCE South 89 Degrees 16 Minutes 47 Seconds East ~t~ ~e ~o~ L~c of~d V~st~g ~act a d~stence of 889 69 ~et to a caped ~ron r~ found for ~e No~h~st comer of smd Verst~g uaO aM ~e No~x~st Comer ofsa~d Estes TH[NC[ South 89 Degrees 18 Mmut~ 28 Seconds East ~ the No~ Line ther~f, genwall) along a fence a distance of 869 39 f~t to a card iron ~ found for the Ho~heast Comer of said Estes tract and the Hoahwest Comer of ~d Fouler THENCE Soulh 89 Degrees 10 Mmu~ 00 Se~on~ ~ wl~ the Noah hn~ lhereofalong a fence a THENCE Sou~ x~l~ ~e West hne of ~ld Fowler Inet In sa~d Road and p~smg ~e So~ Comer of sa~d Fowler ~ra~t ~mg m ~e No~h h~ of Fa~ lo Market Hlgh~y l 1~3 and connnumg alo~ ~d course a~ross ~ld h~gh~y a to~l d~n~ of 2f96 31 f~i to a com~ on ~e Sou~ hn~ of ~id for the Soulh~sl com~ of the hfr~n ~scfl~d tract, THENCE No~ 89 Degr~s 4~ ~nutes 07 S~on~ West along ~d ~gh~y a ~s~nce of 1411 41 feet Io the ~ost Southerly Southw~l ~m~r of ~e hereto denned ~a~, THENCE No~ 01'De~ees f6 ~nues ~1 S~on& East r~rossmg ~d ~gh~y at 90 feet pa~ng a 1/2' ~ron r~ found for the most Southerly Soul.st Comer of ~ld ~ges ~act on ~e Noah line of ~d ~gh~y and ~ntinalng alon~ ~d course in all, a io~l d~s~nce or370 02 f~t to a fen~ comer an angle ~mt in the no~ W~terl) h~ of~d Estes tact THENCE in a No~er¥ ~en We~erly &rection ~ the most Sou~ egefly hne o~ ~ld Estes ffact general~ along a fen~, ~e follo~ng 6 co~s~ ~d dis~ces, I No~ 00 Degrees 56 ~nutes 45 ~on~ Wesl a d~sance of/6 64 f~i to a 1/2" iron r~ fo~d, 2 Ho~h 15 Degrees 59 ~nut~ 17 S~on~ West a dis~ce of 52 39 ~eet to a 1/2" iron r~ ~, 3 No~h 17 Degre~ 25 Minul~ 26 S~onds Wen a ~smnce of T~ 21 feet to a fo~d p~, 4 South ~ De~ 43 Minutes ~ ~onds W~ a &~nce of 212 02 feet to a fo~d ~1, 5 Ho~h 83 DeBris 08 ~nut~ 00 S~ West a d~s~nce orS6 0~ feet to a 1/2 iron t~ fo~d, 6 Ho~ 88 Degrees 58 ~nut~s 53 Seconds West a ~nce of 36& 97 fen to a 1/2' iron r~ found for Ihe mosl Wester~ Southwest comer of ~ld Esies ffa~, THENCE ~oah ~lh [he We~ line t~reof generally along a fence a &s~cc ofT02 93 feet to a 1/2' lion r~ found for ~e Southeast Comer of saxd Freeman Iracl, THENCE Ho~ 89 Degrees 16 Mlnu[eS 2~ S~o~ds West ~1~ ~e Sou~me ~er~f a ~stance 0f88 20 feet to lhe Soulh~est Comer of~d Fr~man ~raa m ~e m~ddle of~d Hophm Road m ~e W~t hne of ~ld su~, THENCE Noah 00 Degrees 02 ~nutes 33 Seconds West m sa~d Road ~th the West hne n d~s~nce of 1398 86 feet to [he PLACE OF BEO~ING and enclosing 145 8 acres of land_ more or .less Is her~y ann~ed w the C~W of K~ D~nlon Count, Te~, and t~t ~e ~un~ h~ of [he Ct~ of ~m, T~, and I~t lhe ~un~ hm,ts of the C~D of~m, Texas are hereb) e~ended to include ~e abo~ e descried temw~ ~t~n the co.orate c~ h~ts of [he C~n' of ~m, Tc~s The sam~ shall h~em~er Included i~alhm the lemtonal h~ts o~ the Cl~ of Kmm, a~d aid land and all ~e inhabitants th~eof shall be enillled ~o all ngh~ and pn~[eges of the c[W of ~m, and shall ~ hound by the ac~ and ordinances of the Ci~ of K~m SECTION ! The CI~' Secreao oflhe CI~ o~Kmm m hereb~ &r~ed w file ~th the Coun~ Clerk olD.ton count, Texas, a ce~ed co~ of th~s ordinance, and to file the on~l ordl~ce ~n the official recor~ of Ciw of Kmm, T~ 13 02/12/2001 16 37 ~ 9404823020 CITY OF KRUH PAGE OG SO BE IT ORDAIN]~D Passed and approved flus 18th day of August, 1997 A. pprO', ed Floyd i~V'atson, Mayo Wendy E $oul/¥Crty ~ 14 82112/2881 16 37 9484823828 CITY OF KRUM PAGE 82 /0L 582 F60185 CITY OF KRUM, TEXAS 0407;34 - ORDINANCE NO. 00-08 (Barthold Annexation) AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF KRUM, TEXAS AND EX~I ENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. WHEREAS, a petmon has been duly signed and acknowledged by each and every person or corporauon having an Interest in the temtory proposed to be annexed, WHEREAS, said pemlon was presented to the governing body and approved such petmon not less than five (5) days and not more than thirty (30) days, WHEREAS, smd tract of land IS conUguous to the C~ty and ~s not more than one-half (1/2) nules m w~dth, and on which fewer than (3) quahfied voters reside, WHEREAS, the Ctty has prepared a service plan for a~d tract which is attached as Exhibit "A' to thxs ordinance, WHEREAS, the Cny has published nonce of heanngs on smd annexatmn and held hearings as required by state law, and WHEREAS, after heanng such petmon and the arguments for and against the same, the governing body has voted to grant such petition and to annex said temtory into the Qty NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BO~Y OF THE CITY OF KRUM, TEXAS Section 1 That the following described terntory is hereby annexed into the City, and the boundary hn~ts to the Qty are hereby extended to me[ude the said temtory w~thm the city hrmts of the Qty, and satd land and the future inhabitants thereof shall hereafter be enUtled to all rights and privileges of other cmzens of the City and shall be bound by the acts and ordinances of sa~d City FIELD NOTES to ali that certain trac~ of land mtuated m the J Haney Survey Abstract Number $15, Denton County, Texas and being a Survey of a called 150 acre tract descnbed ~n the deed recorded 1 15 02/12/208i 16 37 9404023020 CITY OF KRUM PAGE 03 0Lt, 582 PG0186 under Clerks F~le Number g4-R0089285, Real Property Records of sa~d county, the subject tract being ore particularly described as follows BEGINNING at a Metal Fence Corner Post ~n the South nght-of-way of F M 1173, same being the Northeast corner of 117 g2 acre tract described ~n the deed to Henry Beckman recorded in Volume 4293, Page 1577, THENCE North 01 Degrees 00 M~nutes 00 Seconds East a d~s[ance of 90 01 feet to a ~ "called Iron rod set for the Northwest ~orner of the harem descnbed tract ~n the North right-of-way of said h~ghway, THENCE South 89 Degrees 40 M~nutes 20 Seconds East a d~stance of 2424 feet to a W' capped ~ron rod set for the Northeast corner of the herein described tract In the North nght-of way of sa~d h~ghway, THENCE South 00 Degrees 25 M~nutes 19 Seconds West a d~stance of 90 00 feet to a point m the rmddle of Masch Branch Road for the Southeast corner of tract descnbed hera~n, TH ENCE South 00 Degrees 25 Minutes 19 Seconds West w~th the middle of Marsch Branch Road a d~stance of 2687 53 feet to a point in the center of sa~d road for the Southeast comer of hera~n described tract and the Northeast corner of a called 10 000 acre tract described in the deed to Leslie R Paterson recorded in Volume 936, Page 804, Deed Records, Denton County Texas, THENCE North 89 Degrees 16 Minutes 56 Seconds West w~th the North line of ea~d 10 O00 acre tract and the South line of said 150 acre tract pass,ne at 25 39 feet at a Wood Fence Corner Post and continuing &long said course along or near a fence a total d~sflance of 2452 58 feet to a Wood Fence Corner Post for the Southwest corner of the tract descnbed here~n and the Southeast corner of a tract dascnbed ~n the deed to Warren Edward Strata recorded under Clerk's F~le Number 98- ROO33529 el said Real Property Records, THENCE North 01 Degrees 00 Minutes 00 Seconds East with the East hne thereof passing et 594.21 feet a Ya capped Iron rod found for the Southeast corner of sa~d 117 92 acre tract and continuing on along sa~d course along or near a fence a total d~stance of 2671 01 feet to the PLACE OF BEGINNING and enclosing 155 03 acres of land more or less Section 2. That the raumcipal service plan for the herein annexed territory provided for m Exhtbit "A" attached hereto ~s hereby adopted Section 3. That the ctty secretary is hereby directed to file w:th the county clerk and other appropriate offictals and agencies, as required by state and federal law and c:ty annexation procedures, certified cop~e~ of this ordinance - PA$._$..S[:.D by an affirmative vote of the Govern,ne Body of the City of Irs'urn, This / 7~'""day of April, 2000 APPROVED son, Mayor ATTEST