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May 15, 2001 Agenda
AGENDA ~Oentla Ilam · CITY OF DENTON CITY COUNCIL %te~?-/im///')l~ May 15, 2001 After dete~mmmg that a quorum is present, the City of Denton City Council will convene in a Regular Meeting on Tuesday, May 15, 2001 at 6 00 p rn in the Council Chambers at City Hall, 215 E MdKlnney Street, Denton, Texas at which the following items will be considered 1 Pledge of Allegiance A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible" PRESENTATIONS 2 May Yard-of-the-Months 3 Proclamations A, Dr Charles H Saunders Day 4 Rdsolutlon of Appreciation A Consider approval of a resolution of apprecmt~on for Neff Durrance B Consider approval of a resolution of appreciation for Mike Cochran C Consider approval of a resolution of apprecmt~on for Sandy Knstoferson 5 Reeogmtlon of Alternative Transportation Day Sponsors CITIZEN REPORTS 6 Bgb Chfton regarding resurrection now 7 Carl Wflhams regarding board and commission appointments 8 Ross Melton regarding liberty for Individuals and corporations plus the new council and lawyers CONSEI~T AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance w~th the Staff recommendations The City Council has received background information and has had an opportunity to rinse questions regarding these items prior to consideration L1 ~ted below are bids, purchase orders, contracts, and other items to be approved for payment ruder the Consent Agenda (Agenda Items 9 - 16) This listing Is provided on the Consent J tgenda to allow Council Members to discuss or withdraw an item prior to approval of the Constant Agenda If no items are pulled, Consent Agenda Items 9 - 16 below will be approved anth one motion If items are pulled for separate &scusslon, they will be considered as the first items under "Items for Individual Consideration" 9 C~ns~der adoption of an ordinance authormng the C~ty Manager to extend the Dehnquent Tax Attorney contract w~th the law firm of L~nebarger, Heard, Goggan, Blair, Graham, C~ty of Denton C~ty Councd Agenda May 15, 2001 Page 2 Pe~a & Sampson, L L P, and the law firm of Gregory & Bradshaw, P C for an additional one year term ending on June 30, 2002, authorizing the City Manager to g~ve written notice to the firm of its desire to extend th~s contract, authorizing the expenditure of funds, and providing an effective date 10 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to ex$cute a first amendment to the Interlocal Agreement between the C~ty of Denton, Texas and the Denton Independent School D~stnct for the ~mplementat~on of a w~de-area network, authorizing the expenditure of funds therefor, and providing an effective date 11 Consider adoption of an ordinance authorizing the execution of change order one to the contract between the City of Denton and Government Capital Corporation, providing for an ~ncrease m the lease period, an ~ncrease in the amount of financing charges, and a rewslon to the annual lease purchase payments schedule, providing for the expenditure of funds therefore and providing an effective date (Fde 2665 - Lease Purchase Financing of 13' Refuse Trucks awarded to Government Capital Corporation at a finanmng cost of $88,678 44, (Ordinance 2001-123) and Change Order one ~n the amount of$110,387 80, for a total finanmng charge of $199,066 30) 12 Conmder adoption of an ordinance authorizing the C~ty Manager to execute a Professxonal Servmes Agreement (PSA) w~th James R K~rkpatnck Architect for the design of the Central Fire Station as set forth in the contract, and prowdlng an effective date (PSA 2579 - Professional Services Agreement for Conversion of Bell Street Power Plant to Central F~re Station awarded to James R K~rkpatr,ck, Architect, ~n the amount of $240,000 00 and not-to-exceed (NTE) $10,000 00 for reimbursable expenses) 13 Consider approval of a resolution of the C~ty Council supporting the personal use of bmycles checked-out to employees under the auspmes of the City of Denton Employee Bike Checkout Program, and declaring an effective date 14 COnsider adoptxon of an ordinance approwng a real estate contract between the C~ty of D~nton and Ehzabeth Dunbar relating to the purchase of approximately 0 16 acres of land being Lot 9, Block 4 of the Solomon Hill Addition No 3 an Addition to the C~ty of Denton, located m the H C~sco Survey, Abstract No 1184, for use as a Phoemx Park expansion site, authorizing the expenditure of funds therefore, and prowd~ng an effective date 15 Cpnslder approval of a resolution by the C~ty of Denton, Texas, authorizing the City Manager to s~gn and subm:t to the Department of Housing and Urban Development a 2{)01 Action Plan for Housing and Community Development w~th appropriate certfficatmns, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended, and prowdlng for an effective date 16 C0nsxder adoption of an ordinance of the City of Denton, Texas amending the prows~ons of Chapter 26 relat:ng to utlhtles by amending Sections 26-1, 26-3, 26-4, 26-5, 26-6, 26- 8,126-9, 26-10 and 26-37, further prowdmg for amendments to Secuons 26-100, 26-104, 215-128, 26-153, 26-154, 26-155, 26-157, 26-158, 26-160, 26-161, 26-171, 26-177, 26- Caty of Denton C~ty Cotmcll Agenda May 15, 2001 Page 3 186, 26-187, 26-188, 26-189, 26-190, 26-191, 26-201, 26-202, 26-203, 26-204, 26-205, 26,206, 26-207, 26-227, 26-233 and 26-234 m order to reflect current orgamzational status regarding the Assastant C~ty Manager - Utlhtles, prowdmg for a severabd~ty clause, prowdmg a repealer clause, prowdlng a savings clause, providing for a penalty not to exceed $2,000 for wolatlons of section 26-233 and/or sectaon 26-234, as appheable, estabhshmg a sunset prowslon, and providing for an effective date as to the remammg provisions PUBLIC HEARINGS 17 H01d a pubhc hearing and consider adoption of an ordinance approving the amendment of a Detmled Plan, commonly known as 3901 Monteclto Road, m Planned Development 22 (PD-22) zoning dastrmt The property is located at the southwest comer of Ryan Road and MontecltO Road Resldentml duplex development for senior housing is proposed The Planning and Zomng Commassmn recommends approval (6-0) with conditmns (Z-OI-O001, Lake Forest Good Samarttan Amended Detatled Plan) 18 H01d the second of two pubhe hearings regarding a proposed voluntary annexation of approximately 77 5 acres of land located north of Loop 288, east of Stuart Road and west of Sherman Drive m the extraterntorlaljurlsdlctlon of the C~ty of Denton, Texas (A-OI-O001, Denton 1SD) ITEMS FOR INDIVIDUAL CONSIDERATION 19 Consider approval of a resolution estabhshmg the maximum rates that Charter Commumcat~ons may charge ~ts Denton cable television subscribers for the basic service tier, changing t~ers, and assoemted equipment, estabhshlng a maximum hourly servme charge, providing a severabfllty clause, and promdlng an effective date 20 Consider adoptaon of an ordinance of the City of Denton, Texas, anthonzmg the Mayor to execute an Interlocal Agreement by and between the City of Denton, Texas and the Denton Independent School D~stnct pertaining to the construction, maintenance, and operataon of an Aquatic Center, authorizing the expendature of funds therefor, and p~ov~dlng an effective date 21 Consxder adoption of an ordanance amending an ordinance authorizing the assuance of Clty of Denton, Texas Utd~ty System Revenue Refunding Bonds, Series 1983 and other ordanances relating to the City's utdlty system revenue bonds, providing an effective date 22 Consider and take actmn on an exaction variance from Section 34-114(5)b of the Code of Ordinance, concerning ~mprovements to exastlng perimeter pawng for Spencer Road Addition The 9 9-acre site as located approxamately 450 feet east of the intersection of Woodrow Lane and Spencer Road The property as in a Light Industrial (LI) zoning district A DME electrical substation is proposed The Planmng and Zoning Commission recommends approval (4-1 ) w~th conditions (V-Ol-OOl2, SpencerRoadAd&tton) 23 Consider and take actxon on an exactaon variance from Section 34-114(17) of the Code of Ordinance, concerning sidewalks for Spencer Road Addition The 9 9-acre site is located City of Denton City Council Agenda May 15, 2001 Page 4 approximately 450 feet east of the intersection of Woodrow Lane and Spencer Road The property is m a Light Industrial (LI) zoning district A DME electrical substation is proposed The Planning and Zomng Commission recommends approval (4-1) with conditions (V-OI-O011, Spencer Road `4ddttton) 24 Consider approval of a resolution for a Project Plan for approximately 1 82 acres, in a Commercial conditioned (C[c]21) zoning district, generally located on the southeast side of Loop 288, less than 800 feet south of Spencer Road Two retail bull&ngs with related s~te lmprovementsareproposed (SP-OI.O007, DentonRetatl-WabMartOut-ParceO 25 Consider adoption of an ordinance on first readmg to Involuntarily annex approximately 46 acres of land in the eastern section of the City of Denton Extraterritorial Jurisdiction (ET J) The site is generally located on the south side of Blagg Road, approximately 1000' west of Lakewew Boulevard (.4-01-0002, Blagg Road .4nnexatton .4rea) 26 Consider nominations and appomtments to the C~ty's Boards and Commissions 27 New Business This item prowdes a section for Council Members to suggest items for future agendas 28 Items from the City Manager A Notification of upcoming meetings and/or conferences B Clarification of Items on the agenda 29 Possible Continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 30 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act Following the completion of the Regular Meeting, the Council will convene in a Work Session ~n the Council Work Session Room to discuss the following items NOTE A Work Session ~s used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeung of the Council for cmzen input, City Council dehberatlon and formal City action At a Work Session, the City Council generally receives informal 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 CW Council or City Manager to participate In the session Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input Although Work Sessions are public meetings, and cmzens have a legal right to attend, they are not pubhe hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor Any cmzen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made avmlable City of Denton City Council Agenda May 15, 2001 Page 5 to all citizens prior to the regular meeting at which citizen input is sought The purpose of this procedure is to allow mtlzens attending the regular meeting the opporttmity to hear the views of their fellow emzens w~thout having to attend two meetings 1 Presentation by legal counsel and discussion of initial assessment regarding need to redistrict based on 2000 Census data and discussion of and possible action to adopt criteria to govern redistricting process, development of redistricting plans, and redistricting meeting schedule 2 Receive a report, hold a discussion, and give staff direction regarding responses to the City's curbslde recycling and multi-family recycling collection bid solicitation CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,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 SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE Agenda No ~ Agenda Item AGENDA INFORMATION SHEET AGENDA DATE. May 15, 2001 DEPARTMENT: Fiscal & Mumelpal Services/Tax ACM Kathy DuBose, Assmtant City Manager, F~scal and Mumc~pal Servmes SUBJECT Conmder approval of an ordinance authonzmg the C~ty Manager to extend the Dehnquent Tax Attorney contract with the law finn of Lmebarger, Heard, Goggan, Blmr, Graham, Pefia & Sampson, IL L P, and the law firm of Gregory & Bradshaw, P C for an additional one-year term endmg onl June 30, 2002, anthonzmg the C~ty Manager to g~ve written notme to the firm of ~ts desire to extend thru contract, authonmng the expenditure of funds, and prov~thng an effective date BACKGROUND The law firm of Lmebarger, Heard, Goggan, Blmr, Graham, Pefia & Sampson, L L P, ~s currently under contract by the C~ty for the collectmn of all dehnquent property taxes, penalty and ~nterest owed to the C~ty The firm has represented the City m all lawsmts ~nvolvmg the collectmnl of dehnquent taxes and enforcement of tax hens, bankruptcy lmgat~on, clams, actions filed w~thl federal agencies, interventions m suits filed on behalf of any other taxmg umt's current su~ts, andi any other stat or ht~gat~on wluch may revolve or relate to the collection of dehnquent taxes The onglnal contract ~s for a term of three (3) years, beginning July 1, 1997, and enchng on June 30, 2000 The contract also includes a prowmon to extend the agreement for two additional one-year terms (stipulated ~n section XVIII of the contract) The current year represents the first one-year extension and expires June 30, 2001 The contract reqmres that the firm meet a spemfic performance measure for each year's account total Th~ firm must collect at least 60% of the dehnquent amount submitted for collection for each year of the contract beglnmng July 1 through June 30 L~nebarger, Heard, Goggan, Blmr, Graham, pefia & Sampson, L L P, continues to satisfy th~s performance measurement for each contract year RECOM~IENDATION Staff ~s r~commendlng extending the term of tlus contract for an additional one-year term to commenqe on July 1, 2001 and end on June 30, 2002 FISCAL i INFORMATION Payment for these servmes ~s prowded m the current budget EXHIBI~rS Performance measurement analysm Respectfully submitted 1 DELINQUENT TAX ATTORNEY PERFORMANCE MEASUREMENT ANALYSIS F~scal Submitted for Total % of Total Year TaxYear Collection(I) Collected Collected 2000-01 1999 (2) 277,422 175,679 63 33% 999-00 1998 268,481 176,234 65 64% 998-99 1997 252,963 157,534 62 28% 997-98 1996 (3) 222,466 151,339 68 03% I Required Performance Measurement 60 00%I (1) "Submitted for Collections" has been adjusted for supplemental payments over 65 exemption quarterly payments, and June payments recorded ~n July (2) The 2000 Tax Year collection amount is as of Mamh 31, 2001 The final collection percentage wdl be re-calculated as of June 30, 2001 (3) Figures ~nclude the joint efforts of Linebarger, Heard, Goggan, Blair, Graham, Pena & Sampson, LLP and McCreary, Veselka, Bragg & Allen, P C for the July 1997 through December 1997 per~od State law gives the ~ncumbent collecbon firm s~x (6) months to collect taxes on all accounts under stat and bankruptcy ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND THE DELINQUENT TAX ATTORNEY CONTRACT WITH THE LAW FiRM OF LINEBARGER, HEARD, GOGGAN, BLAIR, GRAHAM, PElqA & SAMPSON, L L P, AND THE LAW FIRM OF GREGORY & BRADSHAW, P C FOR AN ADDITIONAL ONE YEAR TERM ENDING ON JUNE 30, 2002, AUTHORIZING THE CITY MANAGER TO GIVE WRITTEN NOTICE TO THE FIRM OF ITS DESIRE TO EXTEND THIS CONTRACT, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the lmUal term of the City's Contract for the ColleeUon of Delinquent Property Taxes with the law fn'm of Lmebarger, Heard, Goggan, Blatr, Graham, Peila & Sampson, L L P (formally known as Blmr, Goggan, Sampson and Meeks), and the law firm of Gregory & Bradshaw, P C (formally known as the Law Office of Mtke Gregory) expired on th th June 30 of 2000 and the prewous extension exptres on June 30 ofttus year, and WHEREAS, Sectmn XIII "Term" of the Contract authorizes the C~ty Council to extend the contract two ad&Uonal one year terms upon the C~ty g~wng written not,ce to the law firms at least 30 days prior to June 30, 2001, or,ts desire to continue the contract, and WHEREAS, the C~ty Manager has recommended that the Contract be extended for an additional one year term commencing 3'uly 1, 2001 and ending June 30, 2002 winch ~s the final extension allowed by the contract, and WHEREAS, the City Council deems ~t m the public interest to extend the contract, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Contract for the Collection of Dehnquent Property Taxes between the City and the law finn of Llnebarger, Heard, Goggan, Blair, Graham, Pefia & Sampson, L L P, and the law firm of Gregory & Bradshaw, P C, executed June 17, 1997, as amended (Contract) on May 2, 2000, be extended under the same terms and conditions for an addlt~onal one year term beglamng 3'uly 1, 2001 and endm§ on June 30, 2002 SECTION 2 That the City Manager ~s hereby d~rected to give written notice to the law firms at least 30 days prior to June 30, 2001 of the City Council's desire to extend this contract as amended for an addltxonal one year term enclosing a true and correct copy of tlus ordinance SECTION 3 City Manager ~s authorized to undertake the expenditure of funds and to perform the other obhgatlons as set forth an the contract Page 1 of 1 SECTION 4 That this ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED tlus the day of ~ 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 bate ~Jl~/O/ - AGENDA INFORMATION SHEET AGENDA DATE May 15, 2001 DEPARTMENT Electric UP_hties ACM: Howard Martin, 349-8232 ~ SUBJECT. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE IMPLEMENTATION OF A WIDE-AREA NETWORK AUTORIZING THE EXPENDITI_nR~ OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKGROUND. On February 3, 1998, the CITY entered into an Interlocal Agreement with DISD for the implementation of a wide-area network involving the CITY's fiber optic facihtles The Mumelpal Code of Conduct, approved March 5, 2001 by the Public Utilities Commission (PUC), does not allow the bundlmg of any adchtlonal services for electric providers To become compliant, tins proposed amendment will remove all language rcqumng DISD to use Denton Municipal Electric (DME) power and serrate in association with the Interlocal Agreement OPTIONS: Approve the amendment and ordinance to become compliant with the Mumelpal Code of Conduct RECOMMENDATIONS. Staffreeommends approval of the amendment and ordinance ESTIMATED SCHEDULE OF PROJECT' Not appheable PRIOR ACTION/REVIEW (Counell, Boards, Commons]on)' Not appheable FISCAL INFORMATION: Not apphcable BID INFORMATION. Not Apphcable MAP. Not Apphcable Respectfully subrmtted Sharon Mays D~rector Prepared by Ray D Wolls Assistant D~rector Exhxbxt H - Ordinance Extub~t I - F~rst Amendment to the Interlocal Agreement 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITy OF DENTON, TEXAS AND THE DENTON INDEPENDENT SCHOOL DISTRIC~ FOR THE IMPLEMENTATION OF A WIDE-AREA NETWORK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor as hereby authorized to execute on behalf of the Caty, a First Am~dment to the Interlocal Agreement between the C~ty of Dentorg Texas and the Denton Independent School D~stnet for the ~mplementatmn of a vade-area network mvolwng the C~ty's fiber optic network, a copy of wlnch Farst Amendment to the Interlocal Agreement as attached hereto and incorporated by reference herean, as well as any documents related thereto whmh Denton Independent School Dastnct may reasonably reqmre SECTION 2 That the expenahture of funds as set forth m the Ftrst Amendment to the Interlocal Agnt~ment as hereby authorized SECTION 3 That tins ordinance shall become effectave tmmedmtely upon ats passage and approval PASSED AND APPROVED tlus the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docume~ts\Ordmano~s~01 \DISD WAN Agr~aont-Ftrst Amendment ord doc 3 THE STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT THIS FIRST AMENDMENT to that certain Interlocal Agreement, executed February 3, 1998, heretofore entered into by and between the City of Denton, Texas, a Texas Mumclpal Corporation wath its offices at 215 East MclQnney Street, Denton, Texas 76201 (hereafter referred to as "CITY"), and the Denton Independent School District, wath its offices at 1307 North Locust Street, Denton, Texas 76201 (hereafter referred to as "DISD"), acting hereto by and through their respective duly authorized s~gnatones, and NOW THEREFORE, the City of Denton, Texas and the Denton Independent School Dlsmct (hereafter collectzvely referred to as the "PARTIES"), m conslderaUon of their mutual prormses and covenants, as well as for other good and valuable conmderat~ons, do hereby AGREE to the following amendment to the terms and conchtlom lof their Interlocal Agreement (hereafter the "Agreement"), dated and effect, ye February 3, ~998 I That the promslons of Artmle VI C of the Agreement, entitled "Consideration To Be Pa~d By DISD To The City," shall delete the following language m zts enttrety, to vat "The parttes further agree that any such new DISD famhty must obtain its electric power and serv, ce fi:om the City of Denton Mummpal Elecmc UUhtles as long as the DISD facility is located vathm the aermce area of the C,ty of Denton Mummpal Elecmc Ut~lmes" The PARTIES agree, that except as specifically provided for by tins F~rst Amendment to the Interlocal Agreement, that all of the terms, covenants, condltaons, agreements, rights, responslbfllttes, and obhgaUons of the parties set forth m the Agreement, shall remain m full force and effect IN WITNESS WHEREOF, the City of Denton, Texas and the Denton Independent School District have executed fi'ns F~rst Amendment to the Interlocal Agreement, m two (2) original counterparts, by and through thezr respective duly authorized representatives and officers on tlms the day of ~ 2001 CITY OF DENTON, TEXAS A Texas Mummpal Corporation By EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVI~D AS TO LEGAL FORM HERBERT ,L PROUTY, CITY ATTORNEYL,¥ "DISD" DENTON INDEPENDENT SCHOOL DISTRICT CALVIN EVANS PRESIDENT, BOARD OF TRUSTEES ATTEST /~AN SCHAAKE BOARD MEMBER DENTON INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES APPROVED AS TO LBGAL FORM HAYES, COFFEY & BERRY, P C By PAIGE D SCHERR S \Our Docura~nt~\Contracts~0 I\DISD First Amended Iaterlocal-WAN agrmt doc Agenda Item.,..--~-.-. -- AGENDA INFORMATION SHEET 0ate_ .'~///'~'/0-?")/ _ AGENDA DATE: May 15, 2001 Questions concerning tins acqmmtmn may be &reeted DEPARTMENT: Materials Management to Tom Shaw 349-7100 SUBJECT: An Ordinance authonzlng the execution of change order one to the contract between the City of Denton and Government Capital Corporation, promdlng for an increase in the lease period, an increase in the amount of financing charges, and a rewslon to the annual lease purchase payments schedule, providing for the expenditure of funds therefore and providing an effective date (File 2665 - Lease Purchase Financing of 13 Refuse Trucks awarded to Government Capital Corporation at a financing cost of $88,678 44, (Ordinance 2001-123) and Change Order one m the amount of $110,387 80 for a total financing charge of $199,066 30) CHANGE ORDER INFORMATION: On March 27, 2001 the City Council approved financing of 13 refuse trucks through a lease purchase agreement with Government Capital Corporation for a 36-month lease purchase Financing costs were m the amount of $88,678 44 (Ordinance 2001-123) The actual purchase of the refuse trucks was awarded through competitive bidding pursuant to Ordinance No 2001-078 Change Order One is intended to revise the financing to extend the lease period to 48-months for SlX trucks and to 60 months for four trucks, leaving three trucks on the 36-month lease program The intent is to more reasonably reflect the life expectancy of the trucks when matched against the budgetary impact of the yearly payments This extended payment schedule increases the total financing charge by $110,387 80, for a total of $199,066 30 Financing is exempt from thc competitive bidding process pursuant to Sectmn 271 005(c) of the Local Government Code PRIOR,ACTION/VIEW (COUNCIL. BOARDS, COMMISIONS). · Counml approved Lease Purchase of 13 Refuse Trucks - February 20, 2001 (Ordmance 2001-078) · Council approved Lease Purchase Financing Agreement - March 27, 2001 (Ordinance 2001-123) RECOMMENDATION' We recommend change order OhO be approved and that the lease purchase time period and financing charges be revised as presented Agenda Informatxon Sheet May 15, 2001 Page 2 PRINCIPAL PLACE OF BUSINESS: Government Capital Corporation Southlake, TX ESTIMATED SCHEDULE OF PROJECT: Funding will be available within 10 days of contract approval The first payment will be due November 1, 2001 The majority of the equipment will be delivered in June/July 2001 FISCAL INFORMATION: The finance charges or interest m the amount of $199,066 30 will be p0ad as a port,on of the annual payments as hsted below from Certificate of Obligation funds for Fleet acqmsltions account (720-025-0584-9104), and lrented as a port~on of the cost of the vehicles involved Annual Payments 1 Year $ 482,008 91 2 Year $ 482,008 91 3 Year $ 482,008 91 4 Year $ 320,383 06 5 Year $ 86.939.09 Total Cost (Interest & PnneIpal) $1,853,348 88 Respectfully submitted Purchasmg Agent Attachment 1 Equipment Llstmg Attachment 2 Schedule of Payments 1569 Agenda 2 ATTACHMENT 1 EQUIPMENT LIST REFUSE TRUCKS Item QTY Description Suppher Price Extended Price Funding 1 3 Automated S~de Load Peterbilt Motors Co $149,299 $447,897 3 Year 2 4 Front Load Peterbilt Motors Co $140,985 $563,940 4 Year 3 2 S~de Load Lone Star Volvo $137,193 $274,386 4 Year 4 2 Rear Load Dallas Fre~ghthner $ 86,089 $172,178 5 Year 5 1 Cab/Over Roll-Off Peterbilt Motors Co $108,689 $108,689 5 Year 6 1 Conventional Cab Roll-Off Dallas Mack $ 98,540 $ 98,540 5 Year GOVERNMENT CAPITAL ATTACHmeNT 2* gOVERNMENT CAPITAL CORPORATION EXHIBIT A-Z GOVERNMENT CAPITAL CORPORATION LESSEE City of Der~4:~n Nh 2356 Equipment Cost ~47,897 00 ¥ Finenood Amount Sa.~a,l~.5 62 Effective Rate 5 33000% Interest Rate 6 08000% IPMT PMT DATr~ TOTAL INTEREST PRINCIPAL OPTION TO PURCHASE NO MO DAY ~1 I PAYMENT PAID PAID after prat on th 1 1t/01/01 $1R1,67~ ~.~ $12,772 01 $148,853 84 $301,596 76 2 11/01/021 $161,625 85 $17,996 30 $143,629 55 $154,296 76 3 t1/01/031 $16t ,625 85 $9,283 62 $1bZ,ct~dZ 23 $1 00 Grand Totals $484,877 5§ $40,031 g3 $44~ 84~ R~ ACCEPTED BY LESSE~ C~ty Manager, or their designee 4 GOVERNMENT CAPITAL A~CH~ 2* GOVERNMENT CAPITAL CORPORATION PAGE 2 EXHIBIT A-2 GOVERNMENT CAPITAL CORPORATION LESSEE City of De,,~t~)n NIo 2355 Equipment. Cost $838,328 00 ~, Fhlanoed Amount $832,61~I 76 Effective Rate 5 33000% Interest Rate 8 08000% LPMT PMT DATE TOTAL INTEREST PRINCIPAL OPTION TO PURCHASE NO MO DAY ¥, I PAYMENT PAID PAID after pmt on this hne I t 110110'~ $233/143 97 $23,905 29 $209,5~R RR $638.715 64 2 11/01/0~ $233,443 97 $37,883 03 $195,560 94 $435,610 66 3 11/01/03 $233,443 97 $25,992 92 $207,451 05 $222,858 20 4 11101/04 $233,443 97 $13,379 89 $220,064 08 $1 00 Grand Totals $933,775 88 $101,161 13 $832,614 75 ACCEPTED BY LESSE~E City Manager, or their designee GOVERNMENT CAPITAL ATTACHMENT 2* mOVERNMENT CAPITAL CORPORATION PAGE 3 ~ EXHIBIT A-3 GOVERNMENT CAPITAL CORPORATION LESSEE City of Oent~n,N~ 2302 Equ,pmsnt Cost S379,407 00 Financed Amount $376,882 ~t EffecUvs Rate 5 33000% Interest Rate 6 08000% PMT PMT r3ATII~ TOTAL INTEREST PRINCIPAL OPTION TO PURCHAS~ NO MO DAY ~'1 PAYMENT PAID PAiD after prat on this line I 1 11101/011 $86,939 Og $10,818 ga $7~,120 11 $310,080 44 2 11/01102 $86,939 09 $18,282 69 $68,656 40 $237,870 17 3 11101/0;~ $86,939 09 $14,108 38 $72,830 71 $1UZ,22.9 91 4 11101104 $86,930 O0 $0,680 27 $77,258 82 $8~,gqF~ 74 5 11/01/0{~ $86,939 09 $4,982 92 $81,956 17 $1 O0 Grand Totals $434,695 45 $57,873 24 $376,822 21 ACCEPTED BY LESS1E C~ty Manager, or their demgnee 6 ORDINANCE NO AN ORDinANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND GOVERNMENT CAPITAL CORPOP,-iTION, PROVIDING FOR AN INCREASE IN THE LEASE PERIOD, AN INCREASE IN THE AMOUNT OF FINANCING CHARGES, AND A REVISION TO THE ANNUAL LEASE PURCHASE PAYMENTS SCHEDULE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (FILE 2665 - LEASE PURCHASE FINANCING OF 13 REFUSE TRUCKS AWARDED TO GOVERNMENT CAPITAL CORPORATION AT A FINANCING COST OF $88,678 44, (ORDINANCE 2001-123) AND CHANGE ORDER ONE IN THE AMOUNT OF $110,387 80, FOR A TOTAL FINANCING CHARGE OF $199,066 30) WHEREAS, on March 27, 2001 (Ordinance 2001-123), the C~ty awarded a Contract for the Acqmsmon of Lease/Purchase Fmancang to Government Capital Corporataon m the amount of $88,678 44, and WHEREAS, Sectmn 271 005(c) of the Local Government Code authorizes the C~ty Council, in 1ts discretion, to contract for the financing of personal property, and WHEREAS, the C~ty Council finds that the here~n authorized financang of the refuse trucks through a lease purchase agreement w~th the Government Capital Corporation as appropriate and m the pubhc interest, and WHEREAS, the C~ty Council has promded in the Caty Budget for the appropnaUon of funds to be expended for the hereto authorized lease purchase agreement, WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend and restate such contract agreement w~th respects to the contract amount and payment schedule and smd change order being ~n comphance w~th the reqmrements of Chapter 252 of the Local Government Code, Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The change order increasing the finanmng amount and extending the payment ~chedule of the agreement between the C~ty and Government Capatal Corporataon as hsted on Exhibits A-l, A-2, and A-3, on file ~n the office of the Purchasing Agent, in the amount of One Hundred Ten Thousand Three Hundred E~ghty Seven and 80/100 Dollars ($110,387 80), as hereby approved and the expendature of funds therefor as hereby authorized The master contract amount ~s amended to read total financtng charges of $199,066 30 S]~CTION 2 The City Manager, or hm designee, is anthonzed to enter into each of the lease purchase agreements on behalf of the C~ty ~n accordance w~th the terms set forth m Sectmn 1 and to expend the funds prowded for an Sectmn 1 as per Exhibits A-l, A-2 and A-3 7 SECTION 3 That th~s ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED this the day of 2001 EUL1NEBROCK, MAYOR ATTEST JENNWERWALTERS, C~Y SECRETARY By APPROVED AS TO LEGAL FORM cBHYANGE oRDE~g~/E tO FILE 2665 ORDINANCE-200, 8 Aoenda Aoend~ltem · /~ _ AGENDA INFORMATION SHEET Date AGENDA DATE. May 15, 2001 Questions concermng this ' acqms~tmn may be &rected DEPARTMENT. Materials Management to Clmsty Sk~rchak 349-7143 or Ross Chad*net 349-8~ ~ ACM' Kathy DuBose, Fiscal and Mumclpal Servmes tl/v~ SUBJECT: An Or&nance authonmng the C~ty Manager to execute a Professmnal Sermces Agreement (PSA) *nth James R Irdrkpamck, Arctutect, for the design of the Central F~re Statmn as set forth m the contract, and provl&ng an effective date (PSA 2579 - Professmnal Servmes Agreement for Conversmn of Bell Street Power Plant to Central F~re Statmn awarded to James R~ Ydrkpatnck, Archttect, ~n the amount of $240,000 00 and not-to-exceed (NTE) $10,000 00 for reimbursable expenses) PROFESSIONAL SERVICE AGREEMENT INFORMATION' Th~s Professional Services Agreement ~s for the design of the Central F~re Statmn ~nclu&ng Schematm Design Phase, Design and Development Phase, Constmctmn Documents Phase, B~d&ng Phase and Constmctmn Phase The Profcsmonal Servmes Procurement Act, Chapter 2254 of the government Code reqmres the selectmn Iof a Professmnal Service be determined on the bas~s of demonstrated competence and quahfical~ons to perform the serrates at a fmr and reasonable price James R I(drkpatnck was chosen for th~s project based upon the ranking criteria of the selectmn committee and m accordance *nth RSFP 2579 and successful negot~atmns RECOMMENDATION: It ~s recommended that this Professmnal Serwces Agreement (PSA 2579) to James R Karkpatnek, Architect, be approved, along .nth the contract document ~n the amount of $240,000 00 and NTE $10,000 00 for reimbursable expenses PRINCIPAL PLACE OF BUSINESS: James R Karkpatnck, Architect Denton, Texas 76201 ESTIMATED SCHEDULE OF PROJECT: It is antm~pated that the Notice to Proceed wdl be ~ssued on or about May 30, 2001 ESTIMATED SCHEDULE OF PROJECT: It is anticipated that the Notme to Proceed will be ~ssucd on or about May 30, 2001 Est~mate~ design completmn date, September 2001, with estimated construction commencing October 2001 FISCAL INFORMATION' This profcssmnal scrvm¢ agreement will be funded from Capital Improvement Bond fund account # 464-060-FIRE-9934-9101 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent PSA 2579 Agenda 2 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH JAMES R KIRKPATRICK, ARCHITECT, FOR THE DESIGN OF THE CENTRAL FIRE STATION AS SET FORTH IN THE CONTRACT, AND PROVIDING FOR AN EFFECTIVE DATE (PSA 2579 - PROFESSIONAL SERVICES AGREEMENT FOR CONVERSION OF BELL STREET POWER PLANT TO CENTRAL FIRE STATION AWARDED TO JAMES R KIRKPATRICK, ARCHITECT, IN THE AMOUNT OF $240,000 00 AND NOT-TO-EXCEED (bITE) $10,000 00 FOR REIMBURSABLE EXPENSES) WHEREAS, The professional services prowder (the "Prowder) mentioned ~n th~s orchnance ~s being selected as the most highly quahfied on the barns of ~ts demonstrated competence and qualifications to perform the proposed professional services, and WItEREAS, The fees trader the proposed contract are fmr and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations apphcable to the Prov~der's profession and such fees do not exceed the maximum provided by law, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager ~s hereby authonzed to enter into a professional service contract wath James R Karkpatnck, Arcbatect, to provide professional architectural and related services for the Conversion of Bell Street Power Plant to Central Fire Station, a copy of which is attached hereto and incorporated by reference herein SECTION 2 The City Manager as authorized to expend funds as required by the attached contract SECTION 3 The findings in the preamble of tNs ordinance are ~ncorporated hereto by reference SECTION 4 This ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY i PSA 2579 - cONTRACT FOR PROFESSIONAL SERVICES ORDINANCE AGREEMENT FOR ARCHITECTURAL SERVICES Tlus Agreement made as of the __ day of ,2001 between the Ctty of Denton, Texas, hereinafter referred to as "Owner", and James R IQrkpatnck, Arclutect, 100 West Mulberry, Denton, Texas 76201, herelnat~er referred to as "Architect" for the followung Project now Central Fire Station at Old Power Plant site The Owner and Arclutect agree as set forth below ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1 1 ARCHITECT'S SERVICES 1 1.1 The Arctntect's services consist of those services performed by the Arclutect, Archnect's employees and Arctutect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services mcluded in Article 11 1 1 2 The Arclutect's services shall be performed as expeditiously as is consistent with the tughest degree of professional skall and care and the orderly progress of the Work Upon request of the Owner, the Arelutect shall submit for the Owner's approval a schedule for the performance of the Arcbatect's services wi'ach may be adjusted as the Project proceeds, and shall include allowances for periods of tnue reqmred for the Owner's review and for approval of submissions by anthont~es having jurisdiction over the ProJect Time lumts established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Archnect or Owner, and any adjustments to tlms schedule shall be mutually acceptable to both parties 1 1 3 The services covered by this Agreement are subject to the time hm~tatlons contmned in Subparagraph 10 4 1 ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2 1 DEFINITION 2 1 1 The Archnect's Basic Services consist of those described in Paragraphs 2 2 through 2 6 and any other services identified in Article 11 as part of Basic Services, and include without limitation normal structural, mechamcal and electrical englneenng services and any other engmeenng services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Paragraph 2 4 Basic Services do not ~nclude landscape architectural services, technology services and copying of bid documents Agreement for Arcbntectural Services - Page 1 of 18 5 2.2 SCHEMATIC DESIGN PHASE 2 2 1, The Arcintect, m consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to estabhsh the reqmrements for the ProJect 2 2 2 The Arcintect shall provide a prelnnmary evaluatmn of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the hmltatlons set forth in Subparagraph 5 2 1 2 2 3 The Arcintect shall rewew with the Owner alternative approaches to design and construction of the ProJect 2 2 4 Based on the mutually agreed-upon program, schedule and constmctmn budget reqmrements, the Arcintect shall prepare, for approval by the Owner, Schemata Design Documents consisting of drawmgs and other documents illustrating the scale and relatlonsinp of ProJect components The Schematic Design shall contemplate comphance with all applicable laws, statutes, ordinances, codes and mgnlatlons 2 2 $ The A.rcintect shall submit to the Owner a Prehnunary Opamon of Probable Construction Cost based on current area, volume or other umt costs and winch mdlcates the cost of each category of work involved m constmctmg the Project and establishes an elapsed t~me factor for the period oft~me from the commencement to the completion of construction 2.3 DESIGN DEVELOPMENT PHASE 2 3.2 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or constructmn budget, the Arcintect shall prepare for approval by the Owner, Demgn Development Documents consisting of drawings and other documents to fix and descnbe the size and character of the ProJect as to arcintectural, structural, mechamcal and electrical systems, matenals and such other elements as may be appropriate, winch shall comply with all apphcable laws, statutes, ordinances, codes and regulations ~n fome at the t~me of deagn, conastc~nt w~th professional skill and care in accordance w~th standards of the profession. Owner's approval of the documents, shall not constitute a waver of the Arcintect's duty to produce Documents and specifications that wall be sufficient and adequate to fulfill the purposes of the ProJect 2 3 2 The Arcintect shall adwse the Owner of any adjustments to the Preliminary Op~ruon of Probable Construction Cost in a further Detaled Statement as descnbed in Paragraph 2 2 5 2 4 CONSTRUCTION DOCUMENTS PHASE 2 4 1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the ProJect or ~n the construction budget authonzed by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents cons~stmg of Drawings and Specifications setting forth in detml requirements for the constructmn of the Project, Agreement for Architectural Services - Page 2 of 18 6 which shall comply with all applicable laws, statutes, ordinances, codes and regulations 2 4 2 The Arclutect shall advise the Owner of any adjustments to previous Prehm~nary Oplmon of Probable Construction Cost indicated by changes in requirements or general market conditions 2 4 3 The Arctutect shall assist the Owner in connection with the Owner's responslbdlty for filing documents required for the approval of governmental authorities having jurisdiction over the ProJect 2 5 BIDDING 2 5.1 The Arctutect, following the Owner's approval of the Construction Documents and of the latest Prehmmary Op~mon of Probable Construction Cost, shall assist the Owner during the bidding phase Tlus will consist of answenng lnqmnes requested by the purchasing offimal for the City of Denton, evaluating new contractors for msponsibdlty prior to award of the conlract, and recommending award or non-award of to the City ofDenton's purchasmg offimal 2 5 2 If the lowest b~d for the construction of the ProJect exceeds the total constructmn cost of the ProJect as set forth in the approved Preliminary Op~mon of Probable Construction Costs of the ProJect submitted by the Arclutect, then the Arclutect, at its sole cost and expense, will revise the Constmctmn Documents as may be required to reduce or modify the quantity or quahty of the work so that the total constmctmn cost of the ProJect wall not exceed the total construction cost set forth m the approved Prehmmary Opunon of Probable Constmctmn Costs 2 6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2 6 1 The Arclutect's respons~bdlty to provide Basra Services for the Constmctmn Phase under tlus Agreement commences w~th the award of the Contract for Conslruct~on and terminates at the ~ssuance to the Owner of the final Certfficate for Payment, unless extended under the terms of Subparagraph 9 3 2 2 6 2 The Architect shall provide detaded adm~mstratmn of the Contract for Construction as set forth below and m the edition of AIA document A201, General Cond~tlons of the Contract for Construction, current as of the date of this Agreement, unless otherwise prowded ~n tbas Agreement 2 6 3 Construction Phase duties, responslb~htles and hmltatlons of authority of the Architect shall not be restricted, modffied or extended w~thout written agreement of the Owner and Architect 2 6 4 The Architect shall be a representative of and shall adwse and consult with the Owner (1) dunng constructmn, and (2) at the Owner's d~rectlon from time to time during the correctmn, or warranty penod described in the Contract for Construction The Architect shall have anthonty to act on behalf of the Owner only to the extent provided ~n this Agreement unless otherwise modified Agreement for Architectural Servmes - Page 3 of 18 7 K~rkpamck Architect Contract by wntten ~nstmment 2 6 5 The Arclutect shall make observations at the construction s~te at least two t~mes a week, regardless of whether construction ~s ~n progress, to become famthar w~th the progress and quahty of the Work completed and to determine ff the Work is being performed m a manner mdmat~ng that the Work when completed w~ll be ~n accordance w~th the Contract Documents Architect shall prowde Owner a written report summanmng constmctmn progress and on-s~te observations on a weekly basra On the bas~s of on-s~te observations, the Arclutect shall keep the Owner ~nformed of the progress and quahty of the Work, and shall exercise reasonable and prudent standard of arcl'ntectural practice care and dd~gence to d~scover and report to the Owner defects or defic~enmes m the work of Contractor or subcontractors, wluch are reasonably d~scoverable with the exercise of due d~hgence The Architect represents that he w~I1 follow the reasonable and prudent standard of arclutectural practice ~n performance of all services under tlus Agreement The Arclutect shall m a reasonably prudent manner correct defective designs or spemficat~ons furmshed by the Arcbatect at no cost to the Owner The Owner's approval, acceptance, use of or payment for all or any part of the Architect's services hereunder or of the Project ttself shall ~n no way alter the Arclutect's obhgatmns or the Owner's rights hereunder 2 6 6 The Arclutect shall not have control over or charge of and shall not be responsible for constructmn means, methods, techmques, sequences or procedures, or for safety precautions and programs m connectmn w~th the Work The Arclutect shall not be responsible for the Contractor's schedules or fanlure to can'y out the Work ~n accordance w~th the Contract Documents except ~nsofar as such fmlure may result fzom Arctutect's neghgent acts or om~ss~ons The Arclutect shall not have control over or charge of acts or om~ssmns of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portmns of the Work 2 6.7 The Arcbatect shall at all times have access to the Work wherever ~t ~s ~n preparation or progress 2 6 8 Except as may othenv~se be prowded m the Contract Documents or when d~rect commumcat~ons have been specially authorized, the Owner and Contractor shall commumcate through the Arcfutect Commumcatmns by and w~th the Arctutect's consultants shall be through the Arckntect 2 6 9 Based on the Architect% observations at the site of the work and evaluations of the Contractor's Apphcat~ons for Payment, the Architect shall rewew and certify the amounts due the Contractor 2 6 10 The Arclutect's cemficat~on for payment shall constitute a representation to the Owner, based on the Architect's observations at the s~te as prowded ~n Subparagraph 2 6 5 and on the data comprising the Contractor's Apphcatmn for Payment, that the Work has progressed to the point ~ndmated and that the qnahty of the Work is m accordance with the Contract Documents The foregoing representatmns are subject to m~nor dewat~ons fi.om the contract Documents correctable prior to completmn and to specffic quahficatmns expressed by the Architect The Issuance of a Certificate for Payment shall further constitute a representation that the Contractor ~s entitled to Agreement for Architectural Servmes - Page 4 of 18 8 payment m the mount certffied However, the issuance ofa Certfficate for Payment shall not be a representataon that the Arctutect has (1) rewewed constmctmn means, methods, techmques, sequences or procedures, or (2) ascertmned how or for what purpose the Contractor has used money previously prod on account of the Contract Sum 2 6 11 The Arclutect shall have the responmb~hty and authority to reject Work which does not conform to the Contract Documents Whenever the Architect considers ~t necessary or adwsable for ~mplementat~on of the intent of the Contract Documents, the Arclutect wall have authority to reqmre adrht~onal ~nspect~on or testing of the Work ~n accordance w~th the provisions of the Contract Documents, whether or not such Work xs fabricated, installed or completed However, neither tbns authority of the Arctutect nor a decision made m good froth e~ther to exercise or not exerc~se such authority shall g~ve nsc to a duty or mspons~blhty of the Architect to the Contractor, Subcontractors, material and eqmpment supphers, thmr agents or employees or other persons performing portions of the Work 2 6 12 The Arctutect shall review and approve or take other appropriate actmn upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of determlmng whether such submittals, contemplating the work to be completed, w~ll be ~n comphance vath the reqmrements of the Contract Documents The Arctutect shall act w~th such reasonable promptness to cause no delay m the Work or m the construction of the Owner or of separate contractors, wtule allowing sufficient t~me ~n the Architect's professional judgment to permit adequate mwew Review of such submittals ~s not conducted for the purpose of determ~mng the accuracy and completeness of other detmls such as dlmensmns and quantities or for substantiating mstmctlons for installation or performance of eqmpment or systems designed by the Contractor, all of wtuch remmn the mspons~bd~ty of the Contractor to the extent required by the Contract Documents The Archttect's review shall not constitute approval of safety precautmns or, unless otherwise specifically stated by the Arctutect, of constmctmn means, methods, techmques, sequences or procedures The Arclutect's approval of a spemfic ~tem shall not ~ndmate approval of an assembly of wluch the ~tem ~s a component When professmnal certfficatlon of performance charactenStms of materials, systems or eqmpment ~s reqmred by the Contract Documents, the Arctutect shall be entitled to rely upon such cert~ficatmn to estabhsh that the materials, systems or equipment will meet the performance criteria reqmred by the Contract Documents 2 6 13 The Arclutect shall prepare Change Orders and Construction Change D~rect~ves, w~th supporting documentation and data ~f deemed necessary by the Architect as provided ~n Sub- paragraphs 3 1 1 and 3 3 3, for the Owner's approval and execution ~n accordance wtth the Contract Documents, and may authorize minor changes ~n the Work not ~nvolv~ng an adjustment ~n the Contract Sum or an extension of the Contract T~me Much are not inconsistent w~th the ~ntent of the Contract Documents 2 6 14 On behalf of the Owner, the Architect shall conduct ~nspect~ons to determine the dates of Substantml Completion and Fmal Completion, and shall ~ssue Certfficates of Substantial and Final Completion The Arctntect w~ll receive and rewew written guarantees and related documents reqmred by the Contract for Construction to be assembled by the Contractor and shall ~ssue a final certfficate for Payment upon compliance vath the reqmrements of the Contract Documents Agreement for Architectural Servmes - Page 5 of 18 9 K~rkpatnck Architect Contract 2 6 18 The Architect shall interpret and provide recommendatmns on matters concerning performanqe of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor The Architect's response to such requests shall be made with reasonable promptness and within any time hunts agreed upon 2.6.16 Interpretations and demslons of the Architect shall be consistent wlth the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings iWhen making such interpretations and lrntlal decisions, the Architect shall endeavor to secure fmthful performance by both Owner and Contractor, and shall not be liable for results or lnterpretatmns or decisions so rendered in good froth in accordance wath all the provisions of tins Agreemen~ and m the absence of negligence 2 6 17 The Arelutect shall render written decisions within a reasonable time on all clanns, disputes or other matters m question between the Owner and Contractor relating to the execution or progress of the Work as prowded in the Contract Documents 2 6 1!8 The Architect (1) shall render sermces under the Agreement m accordance with the highest professional standards prevailing m the Dallas-Fort Worth metroplex area, (2) vall reimburse ithe Owner for all damages caused by the negligence of the Architect, and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or daunmsh any of the Architect's obligations thereunder 2 6 19 At the completion of the project, the Arctutect shall provide the Owner with [1] set(s) of reproducible pnnts showing all significant changes to the Construction Documents made dunng the Construction Phase ARTICLE 3 ADDITIONAL SERVICES 3 1 GENERAL 3 1 I The services described in tins Amcle 3 are not included m Basle Services unless so identified ~n Artmle 11, and they shall be prod for by the Owner as provided m this Agreement, m addltmn to the compensatmn for Basic Services The services described under Paragraphs 3 2 and 3 4 shall only be prowded if authorized or confirmed in writing by the Owner If services described under Cor~tmgent Additional Services m Paragraph 3 3 are reqmrcd due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services If the Owner deems that such services described under Paragraph 3 3 are not required, thc Owner shall g~ve prompt written notice to the Architect If thc Owner indicates m writing that all or part of such Contingent Additional Servmes are not required, the Architect shall have no obhgatlon to provide those services Owner will be responmble for compensating the Architect for Contingent Additional Serwces only if they are not reqmred due to the negligence or fanlt of Architect Agreement for ~Architectural Services - Page 6 of 18 10 K~rkpatnck Architect Contract 3 2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3 2 1 If more extensive representation at the site than is described in Subparagraph 2 6 5 is reqmred, the Architect shall provide one or more Project Representatives to assist m camjmg out such adtht~onal on-site responslbthtles 3 2 2 ProJect Representatives shall be selected, employed and d~rected by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Arctutect The duties, respons~blhtles and hm~tatmns of authority of ProJect Representatives shall be as described m the edition of AIA Document B352 current as of the date oftlus Agreement, unless otherwise agreed 3 3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Makang material revisions m Drawmgs, Specfficatlons or other documents when such rexnslons are 1 inconsistent with approvals or mstmctmns previously given by the Owner, zncludmg rewslons made necessary by adjustments zn the Owner's program or ProJect budget, 2 reqmred by the enactment or rewslon of codes, laws or regulations subsequent to the preparation of such documents, or 3 due to changes required as a result of the Owner's fmlure to render dec,stun zn a timely manner 3 3.2 Providing services mqmred because of slgmficant changes ~n the ProJect including, but not hm~ted to, size, quality, complexity, the Owner's schedule, or the method of bidding and contracting for construction, except for services reqmred under Subparagraph 2 5 2 3 3 3 Preparing Drawings, Specfficat~ons and other documentatmn and supportang data, and providing other services m connection w~th Change Orders and Construction Change Directives 3 3 4 Prowdmg consultation concermng replacement of Work damaged by fire or other cause during construction, and fumlslung services reqmred in connection w~th the replacement of such Work 3 3 5 Promd~ng services made necessary by the default of the Contractor, by major defects or deficiencies m the Work of the Contractor, or by fadure of performance of e~ther the Owner or Contractor under the Contract for Construction 3 3 6 Prowdmg servmes m evaluating an extensive number of claims submitted by the Contractor or others in connection w~th the Work 3.3.7 Providing services in connection with a public heanng, arbitration proceeding or legal Agreement for Arcl'atecturat Services - Page 7 of 18 11 Kirkpatack Amhltect Contract proceeding except where the Arebatect Is party thereto 3 3 8 Prepanng documents for alternate, separate or sequential bids or providing services m connection w~th bidding or construction prior to the completion of the Construction Documents Phase 3 4 OPTIONAL ADDITIONAL SERVICES 3 4.1 Providing financial feasibility or other special studies 3 4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites 3 4.3 Provldmg special surveys, enmmumental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the ProJect 3 4 4 Providing serrates relative to future facilities, systems and equipment 3 4 5 Providing services to lnveslagate existing conditions or facilities or to make measured drawings thereof 3.4.6 Providing sermces to verify the accuracy of drawings or other information fmmshed by the Owner 3 4 ? Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required m connectaon with construction performed and equipment supplied by the Owner 3 4.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner 3 4 9 Providing detailed quantity surveys or uiventones of material, equipment and labor 3 4.10 Providing analyses ofowmng and operating costs 3 4 11 Mahng investigations, uiventones of materials or equipment, or valuations and detailed appraisals of existing facilities 3 4 12 Providing assistance m the utilization of equipment or systems such as testing, adjusting and balancuig, preparation of operation and maintenance manuals, traiuing personnel for operation,and maintenance and consultation dunng operation 3 4,13 Providing interior design and similar services required for or in connection with the selection, procurement or mstallation of furmture, furmslungs and related equipment Agreement for Architectt~al Services - Page 8 of 18 K~rkpatack Architect Contract 3 4 14 Providing serwces other than as pmvlded m Section 2 6 4, after issuance to the Owner of the final Certfficate for Payment and expiration of the Warranty period of the Contract for Construction 3 4.15 Prowdmg services of consultants for other than architectural, structural, mechamcal and electncal engmeenng pomons of the ProJect prowded as a part of Basic Services 3 4 16 Promchng any other services not otherwise included in this Agreement or not customarily furmshed in accordance with generally accepted architectural practice 3 4 17 Prepanng a set of repmdumble record drawings showing slgmficant changes m the Work made during constmctmn based on marked-up pnnts, drawings and other data furnished by the Contractor to the Architect (Th~s is for drawings prepared in addition to those specified m Sectmn 2 6 19 ) ARTICLE 4 OWNER'S RESPONSIBILITIES 4 1 The Owner shall consult w~th the Arelutect regarding reqmrements for the Project, including (1) the Owner's objectives, (2) schedule and des;gn constraints and criteria, including space reqmrements and relat~onslups, flex~blhty, expendab~hty, specml cqmpment, systems and site reqmrements, as more spccffically described m Paragraph 2 2 1 4.2 The Owner shall establish and update an overall budget for the Project, mchidlng the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs 4 3 If requested by the Arctutect, the Owner shall furmsh evidence that financial arrangements have been made to fulfill the Owner's obligations under tins Agreement 4 4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the ProJect The Owner or such authorized representative shall render decisions in a t~mely manner pertalmng to documents submitted by the Arcbatect ~n order to avoid unreasonable delay in th* orderly and sequential progress of the Architect's services 4 5 The Owner shall furmsh surveys descnbmg physical characteristics, legal limitations and utility locations for the site of the ProJect, and a written legal description of the site The surveys and legal ~nformation shall include, as apphcable, grades and lines of streets, alleys, pavements and adjmmng property and structures, adjacent drainage, rights-of-way, restrictions, easements, encroachments, zomng, deed restrictmns, boundaries and contours of the site, locations, d~mensmns and necessary data pertaimng to existing braidings, other improvements and trees, and information concermng available utthty services and lines, both public and private, above and below grade, including inverts and depths All the information on the survey shall be referenced to a project Agreement for Architectural Servmes - Page 9 of 18 13 K~rkpatrlck Architect Con~ract benchmark, 4 6 The Owner shall furmsh the servmes of geotechmcal engineers when such sm~,ices are requested by the Arcbatect Such servmes may include but are not limited to test bonngs, test pits, determlnattons of sod beanng values, p~rcolatlon tests, evaluations of hazardous mat~mals, ground corrosion and resistivity tests, including necessary operations for anticipating sub-sod conditions, with r~ports and appropriate professional recommendations 4 6 1 The Owner shall furmsh the services of other consultants when such scmaces are reasonably reqmrcd by thc scope of the Project and are requested by the Arcb3t¢ct and are not retmned by the Architect as part of its Bamc Services 4 7 The Owner shall fumlsh structural, mechanical, chemical, mr and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, ~nspections and reports reqmred by law or the Contract Documents At the City's d~scretion it may perform, or may have services performed by others, ~ e geotechmcal studies, feaslblhty studies, or environmental studies Any and all reports provided by such services to the Architect shall be utlhzed as d~rected by the City of Denton The City of Denton takes no responsibility for the lnformatmn provided fi.om such services 4 8 The Owner shall furmsh all legal, accounting and insurance counseling services as may be necessary at any time for the ProJect, includmg audltmg services the Owner may reqmre to verify the Contractor's ApphcatIons for Payment or to ascertain how or for what purposes the Contractor ,has used the money pad by or on behalf of the Owner 4 9 The services, reformation, surveys and reports required by Paragraphs 4 5 through 4 8 shall be furmshed at the Owner's expense, and the Archatect shall be entitled to rely upon the accuracy and completeness thereof in the absence of any neghgence on the part of the Arctutect 4 10 The Owner shall g~ve prompt written notice to the Architect if the Owner becomes aware ofaBy fault or defect ~n the ProJect or nonconformance w~th the Contract Documents 4 11 Architect shall propose language for certificates or certfficat~ons to be requested of the Arctutect or ArcMtect's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution The Owner agrees not to request certifications that would reqmre knowledge or services beyond the scope ofth~s Agreement ARTICLE 5 CONSTRUCTION COST 5 1 DEFINITION 5 1 1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the ProJect demgned or specffied by the Arclutect Agreement for A~ch~tectural Services - Page 10 of 18 14 5 1 2 The Construction Cost shall include the cost at current market rates of labor and materials furmshed by the Owner and eqmpment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit In addition, a reasonable allowance for contingencies shall be included for market conditions at the hme of bidding and for changes in the Work dunng construction 5 1.3 Construction Cost does not Include the compensation of the Arctntect and Arctntect's consultants, the costs of the land, rights-of-way, financing or other costs winch are the responsibility of the Owner as provided m Article 4 5 2 RESPONSIBILITY FOR CONSTRUCTION COST 5 2.1 Evaluations of the Owner's ProJect budget, Preliminary Oplmon of Construction Cost and Oplmon of Construction Cost prepared by the Architect represent the Arcintect's best judgment as a design professional familiar w~th the construction Industry It is recogmzed, however, that neither the Arctntect nor the Owner has control over the cost of labor, materials or eqmpment, over the Contractor's methods of determlmng bid prices, or over competitive biddmg or market con&tions Accordingly, the Architect cannot and does not warant or represent that bids will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect 5.2 2 No fixed limit of Construction Cost shall be established as a condition of flus Agreement by the furmshmg, proposal or establishment of a ProJect budget, unless such fixed limit has been agreed upon in wntlng and signed by the parties thereto If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, eqmpment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the ProJect and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit F~xed hmits, if any, shall be increased in the amount of an increase in the Contract Sum occumng after execution of the Contract for Construction 5 2 3 If the Bidding Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes m the general level of prices In the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6 1 The Drawings, Specifications and other documents prepared by the Arclutect for this Project are instruments of the Architect's service for use solely with respect to tins ProJect and, Agreement for Architectural Servtces- Page 11 of 18 15 Kirkpatnck Architect Contract unless otherwuse provided, the Arclutect shall be deemed the author of these documents and shall retmn all common law, statutory and other reserved rights, including the copyright The Owner shall be permitted to retain copies, including reproducible copies, of the Arolutect's Drawings, Specifications and other documents for reformation and reference in connection with the Owner's use and occupancy of the ProJect The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects for additions to tins ProJect or for completion of this ProJect by others, tmless flus Agreement is terminated because Architect is in default of ttus Agreement, at which time the documents become the property of the City of Denton 6 2 Submission or distribution of documents to meet official regulatory requtrements or for similar purposes m connection with the Project is not to be construed as publication m derogation of the Arckntect's reserved rights ARTICLE 7 TERMINATION~ SUSPENSION OR ABANDONMENT 7 1 Arclutect may terminate flus Agreement upon not less than thtrty days written notice should the Owner fail substantially to perform in accordance with the terms of flus Agreement through no fault of the Arctutect Owner may terminate flus Agreement or any phase thereof upon thirty (30) days prior written notice to the Arclutect with the understanding that immediately upon receipt of such notice, all work and labor being performed under the Agreement shall cease immediately Before the end of the thn'ty (30) day period, Architect shall invoice the Owner for all work it performed prior to the receipt of such notice No amount shall be due for lost or anticipated profits All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner m a reasonably orgamzed form Should Owner subsequently contract with a new architect for continuation of serrates on the ProJect, Arctntect shall cooperate in providing information 7 2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension When the Project is resumed, the Arclutect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Arclutect's services 7 3 Tins Agreement may be terminated by the Owner upon not less than seven days written notice to the Arclutect in the event that the Project is permanently abandoned If the ProJect is abandoned by the Owner for more than 90 consecutive days, the Architect or the Owner may terminate flus Agreement by glwng wntten notice 7 4 Fmlure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination 7 5 If the Owner fmls to make payment to Architect within thirty (30) days of receipt of a statement for services properly performed, the Architect may, upon seven days written notice to the Agreement for Architectural Services - Page 12 of 18 16 K~rkpatnck Architect Contract Owner, suspend performance o f serrates under this Agreement Unless Arc~tect receives payment an full w~thm seven (7) days of the date of the notice, the suspension shall take effect without further notice In the event of a suspensmn of services under tlus section, the Architect shall have no habfllty to the Owner for delay or damage caused the Owner because of such suspension of services 7 6 In the event of termination not the fault of the Architect, the Arctutect shall be compensated for services properly performed prior to termination ARTICLE 8 MISCELLANEOUS PROVISIONS 8 1 Tlus Agreement shall be governed by the laws of the State of Texas 8 2 Terms m tlus Agreement shall have the same meaning as those m AIA Document A201, General Conditions of the Contract for Construction, current as of thc date oftlus Agreement 8.3 The Owner and Arctutcct, respectively, bind themselves, their partners, successors, asmgns and legal representatives to the other party to th~s Agreement and to thc partners, successors, assigns and legal representatives of such other party with respect to all covenants ofth~s Agreement Neither Owner nor Arclutect shall aas~gn tlus Agreement without the written consent of the other 8 4 Tlus Agreement represents the entire and mtegratcd agreement between the Owner and Arclutect and supersedes all prior negotmt~ons, representations or agreements, e~ther written or oral Tlus Agreement may be amended only by written instrument signed by both Owner and Architect 8 5 Nottung contamed m thrs Agreement shall create a contractual relationship with or a cause of action m favor of a third party against either the Owner or A.rclutect 8 6 Unless otherwise provided m tbas Agreement, thc Architect and Arctntect's consultants shall have no responsibthty for the discovery, presence, handling, removal or d~sposal of or exposure of persons to hazardous materials m any form at the Project s~te, including but not hmlted to asbestos, asbestos products, polychlonnated biphenyl (PCB) or other toxic substances, provided, however, Arctutect shall have the respons~b~hty to and shall report to the Owner the location of any hazardous materml that an architect of similar skill and expertise should have not~ced 8 7 The Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Arclutect's promotional and professional materials Thc Architect's materials shall not include the Owner's confidential or proprietary information if thc Owner has prewously advised the Architect in writing of the specific information considered by the Owner to be confidcntml or proprietary Thc Owner shall provide professional credit for the Architect on the construction sign and m the promotmnal materials for the Project Agreement for Architectural Services - Page 13 of 18 17 K,rkpatnck Architect Contract ARTICLE 9 PAYMENTS TO THE ARCHITECT 9 1 DIRECT PERSONNEL EXPENSE 9 1 1 D~rect Personnel Expense is defined as the direct salaries of the Arcl~tect's personnel engaged on the ProJect and the portmn of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacatmns, pensmns and s~m~lar contnbutmns and benefits 9 2 REIMBURSABLE EXPENSES 9 2 1 Reimbursable Expenses are in addition to compensation for Basic and Add~tmnal Services and mclude expenses ~ncurred by the Arclutect and Arclutect's employees and consultants m the ~nte~ast of the Project, as ldent~fied m the following Clanses 9.2 1 1 Expense of transportatmn m connectmn w~th the Project, expenses m connectmn w~th authorized out-of-town travel, and fees prod for secunng approval of authorities hamng junsdmtmn over the ProJect 9 2.1.2 Expense of reproductmns (except the reproductton of the sets of documents referenced m Subparagraph 2 6 19), postage and handhng of Drawings, Specifications and other documents 9 2.1.3 If anthonzed ~n advance by the Owner, expense of overtime work mqumng h~gher than regular rates 9 2 1 4 Expense ofrendenngs, models and mock-ups requested by the Owner 9 2 1.5 Reimbursable expenses for 9 2 1 1 and 9 2 1 2 shall not exceed $10,000 00 9 3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9 3 1 Payments for Basic Serv~cas shall be made monthly and, where apphcable, shall be m proportion to services performed within each phase of servme, on the barns set forth in Subparagraph 10 2 2 9 3 2 If and to the extent that the time ~mt~ally estabhshed in Subparagraph 10 4 1 of th~s Agreement ~s exceeded or extended through no fault of the Arclutect, compensation for any serwces rendered dunng the add~tmnal penod oft]me shall be computed ~n the manner set forth ~n Subparagraph 10 2 2 Agreement for Architectural Servtcas - Page 14 of 18 18 9 3 3 When compensation is based on a percentage of Construction Cost and any portions of the Proj eot are deleted or otherwise not constructed, compensation for those portions of the ProJect shall be payable to the extent services are performed on those portmns, ~n accordance with the schedule set forth ~n Subparagraph 10 2 2 based on (1) the lowest bona fide b~d or (2) ~fno such b~d or proposal is received, the most recent preliminary estimate of Construction Cost or detmled estimate of Construclaon Cost for such portions of the Project 9 4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.4.1 Payments on account of the Arcintect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Arclutect's statement of services rendered or expenses recurred 9 5 PAYMENTS WITHHELD 9 5 1 No deductions shall be made from the Arcintect's compensation on account of penalty, hqmdated damages or other sums w~thheld from payments to contractors, or on account of the cost of changes m the Work other than those for winch the Arcintect ~s responsible 9 6 ARCHITECT'S ACCOUNTING RECORDS 9 6 1 Arcintect shall make avmlable to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertalmng to Add~tmnal Services and services performed on the bas~s of a mullnple of D~rect Personnel Expense for inspection and copying dunng regular business hours for three years after the date of the final Certificate of Payment, or until any ht~gatlon related to the ProJect ~s final, winchever date ~s later ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Arcintect as follows 10 1 BASIC COMPENSATION 10 1.1 FOR BASIC SERVICES, as described ~n Article 2, and any other servtces ~ncluded ~n Article 11 as part of Basic Servmes, Basic Compensation shall be $240,000 00 per Arcintects Proposal, a copy of winch ~s attached hereto and made a part hereof as Exinint A 10.1 2 Progress payments for Basic Services ~n each phase shall total the following percentages of the total Basra Compensation payable Schematnc Design Phase 15% Design and Development Phase 20% Construction Documents Phase 40% Agreement for Arcintectural Services - Page 15 of 18 19 K~rkpamck Architect Contract Bidding Phase 5% Construction Phase 20% Total Basic Compensation 100% 10 2 COMPENSATION FOR ADDITIONAL SERVICES l0 2 1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described m Paragraph 3 2, compensation shall be computed at the hourly rates set forth ~n section 10 2 2 below 10 2 2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described m Articles 3 and 11, other than (1) Additional Project Representataon, as described in Paragraph 3 2, and (2) services included m Article 11 as part of Additional Services, but excluding services of consultants, compensation shall be computed as follows Pnnc~pals $ 95 per hour Associates 65 per hour Techmcal Staff 45 per hour Clerical Staff 30 per hour 102.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engmeermg services and those provided under Subparagraph 3 4 16 or identified in Article 11 as part of Additional Services, a multiple of 1 1 times the amounts billed to the Arclutect for such services 10 3 REIMBURSABLE EXPENSES 10 3.1 FOR REIMBURSABLE EXPENSES, as described m Paragraph 9 2, and any other items included in Article 11 as Reimbursable Expenses, a multiple of 1 10 times the exp~nses incurred by the Architect, the Arctutect's employees and consultants m the interest of the Project 10.4 ADDITIONAL PROVISIONS 10 4 1 [F THE BASIC SERVICES covered by this agreement have not been completed wlthan Twenty-four months of the date of execution hereof, through no fault of the Arclutect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 9 3 2 and 10 2 2 10 4 2 Payments are due and payable thirty (30) days from the date of the Arctutect's invoice A_mounts for services properly performed which remmn unpmd sixty (60) days after the invoice date shall bear interest at the rate of one (1%) percent per month ARTICLE 11 OTHER CONDITIONS OR SERVICES Agreement for Architectural Services - Page 16 of 18 20 K~rkpatack Architect Contract 11 1 Arcintect shall mmntmn, at no expense to Owner, a professional hablhty (errors and omissions) insurance pohcy placed with a company rated at least B+/X by Best's Key Ratmg Guide, anthonzed to do business in Texas, m an amount not less than one mflhon dollars ($1,000,000) Such pohcy shall reqmre the g~wng of written notnce to Owner at least thn'ty days prior to cancellation, non-renewal or material morhficat~on of any pohcles, evidenced by return receipt of Umted States Certffied Mml Arcintect shall furnish Owner w~th cop~es of smd pohc~es or certfficates evidencing such coverage 11 2 Arclutect agrees to mdemmfy and save and hold harmless, the C~ty, ~ts officers, representatlves, and employees from and agmnst any and all clmms or stats for injuries, damages, loss, or liability of whatever l~nd or character, arising out of or in connection w~th the performance by the Arcintect of those services contemplated by tins Agreement, based upon allegations of negligent acts or ormsslons of Areintect, ~ts officers, agents, employees, consultants and subcontractors 11 3 Arclutect shall prowde the following adcht~onal servmes that are not a part of the basic sermces upon request of the Owner 1 American Dlsainhty Act Ce~ficat~on per State Requirements (estimated cost ~s S1,200) 2 Geotechmcal Reports (estimated cost ~s $2,600) 3 Landscape arcintect sermces relating to design (estimated cost ~s $3,500) 4 Clwl engineering services for survey and replatt~ng (estimated cost ~s $6,400) 5 B~d documents beyond constmctton documents prowded for ~n sectmn 2 4 1 6 Information technology services Tins Agreement entered into as of the day and year first written above CITY OF DENTON, TEXAS, OWNER JAMES R KIRKPATRICK nc.x L A CO UFF, CITY m A ER .AME R ^TPdCr, TOa~ollo~mg notice does not affect the contractual remedies of either party The Texas Board of Architectural Agreement for Architectural ~rvmes - Page 17 of 18 K~rkpatnck Architect Contract ATTEST JENNIFER WALTERS, CITY SECRETARY Examiners has lurIsdIctIon over Complaints regarding the professional practices of persons registered as architects m Texas. BY Texas Board of Architectural Examiners 333 Guadalupe Austin, Texas 78701-3942 512/305-9000 APPROVED AS TO LEGAL FORM www.tbae tx us. HERBERT L PROUTY, CITY ATTORNEY BY Agreement for ArchItectura~2Servmes - Page 18 of 18 JAMES R, KIRKPATRICK · ARCHITECT · 16 April 2001 Ms ChrmtyA Sktrchak Capital ProJects Administrator City of Denton 901B Texas Street Denton, Texas 76201 Re Convermon of Bell Street Power Plan to Central F~re Statmn Dear Ms Shrchak Pursuant to our eentraet negottat~ons for the above-referenced project, and tn response to your request ofthas date, please find the following for your revaew Proposed fee for bamc services $240,000 00 Compmsed as follows James R K~rkpatnck, Archatect $121,700 00 Conanltmg Axch~teets 28,000 00 Structural Engineers 27,000 00 Clwl Engineers 6,250 O0 Meehamcal Engineers 40,000 00 PreservaUon Consultants 10,925 O0 Profesmenal Esmnatmg 6,125 00 Total ~240,000 00 Please recall that landscape archxtectural servaces shall be an add~ttonal expense, or services vail be provided by the C~ty of Dentan A/s°, I am presently estmaatmg an anB. mpated maxamum cost of posmble retmbursable expenses Further m. formahen will be forthcoming EXHIBIT A AROI-IITEOTI'JRE PLANNIN(~ INTIERIOR OESI(_~N 100 W MULBERRY 23 m~r~rrm .......... AGENDA INFORMATION SHEET AGENDA DATE' May 15, 2001 DEPARTMENT' Utility Admimstratlon ICM' Howard Martin, 349-8232 ~ SUBJECT A ResoluUon of the Caty Counml supportang the personal use of bicycles checked-out to employees under the auspices of the C~ty of Denton Employee Bike Checkout Program, and declanng an effectave date BACKGROUND The Texas Natural Resource Conservation Commission (TNRCC) asked that governmental entrees located m non-attaaranent areas decrease their employees' commntmg trips in single occupaed vebacles by 20%, or the equivalent of one day a week In response to this request, Caty of Denton employees formed the Trip Reduction Committee (TRC) The TRC orchestrated last year's first Alternative Transportatton Day The purpose of the event was to reward employees who chose an mr-friendly means (bike, walk, mass transat, carpool, telecommute) to commute to work If employees discovered how easy at is to commute by an alternative means, the TRC hoped at would encourage employees to routinely choose an alternative, mr-friendly commute (The event was so popular that TRC not only received many requests from employees to repeat the event, but also received calls from mtlzens and businesses throughout the Caty indicating an interest m pammpatmg m the event The 2"d Annual Alternative Transportation Day as scheduled for August 1st ) About 40 employees bmycled to work for Alternative Transportation Day Other employees mdmated an mterest m also bflcmg, but either could not afford to purchase a bicycle or were reluctant to make an Investment m a blke should they discover that commuting by bake was too dafficult In an effort to encourage more bflang by employees, the TRC developed the Employee Bake Checkout Program Twenty bicycles are now available to Caty of Denton employees to check out on a month-to-month basis Employees wall be reqmred to complete a Bmycle Safety Course and s~gn a wmver before checlang out a bike The bikes are stored at the Garage at the Servme Center Mamtenance costs will be covered by the TRC The recently adopted Pedestrian and Bicycle Component of the Denton Mobalaty Plan for the Caty of Denton (Ordinance No 2001-147) encourages bike commutang throughout the city The EBC promdes a umque opportumty for employees, who would otherwase not have access to a bake, to utilize the new benefits of the Mobility Plan Caty of Denton employees using the EBC program can be grading examples to our commumty, endorsing and encouraging the use ofbtkes as a primary means of transportation In addlUon,to encouraging employees to commute to and from work, the TRC would also like to encourage !employees to nde them for personal use such as runmng small errands (The commute f~om an employee's home to work as, or course, considered "personal" use ) The more employees lutihze their bikes, the more the City decreases ozone-causing emission and increases employee fitness RECOM1VIENDATIONS Staff recommends that City Council adopt the resolution supporting the personal use of bicycles checked-out to employees under the auspices of the City of Denton Employee Bike Checkout Program Respectfully Submitted ~romnent U:,~'tfphance Manager Exbablt I Resolution 2 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL SUPPORTING THE PERSONAL USE OF BICYCLES CHECKED-OUT TO EMPLOYEES UNDER THE AUSPICES OF THE CITY OF DENTON' EMPLOYEE BIKE CHI~CKOUT PROGRAM, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Denton as located an a serious non-attainment area for ozone, and WHEREAS, the Texas Natural Resource Conservation Comm~ssaon (TNRCC) requested that each governmental entity located m a non-attainment area reduce ats employees' commute m single occupied vebacles by 20%, and WHEREAS, the Transportataon Reductaon Committee (TRC) beheves that more employees would bike to work af the C~ty provaded b~cycles at NO COST, and WHEREAS, the TRC untmted the Employee Bike Checkout Program (EBC) an an effort to reduce the volume of harmful ozone producing emissions from motor vehicles by encouraging employees to bil/e to work, and WHEREAS, the EBC beheves adthtmnal ennssaon reductions can be realized if employees nde their bikes to and from work, but also use the bhkes for personal use, such as runmng errands, and WHEREAS, the C~ty Councd finds that the personal use of these bicycles by Caty employees wall help reduce mr pollution by reducing harmful ozone producmg velucle ermss~ons and as such tins personal use promotes a pubhc purpose, and WHEREAS, the recently adopted Pedesman and Bicycle Component of the Denton Mobahty Plan 1999-2020 (Ordinance No 2001-147) encourages bnke commuting throughout the mty, and WHEREAS, the EBC provades an umque opportumty for C,ty of Denton employees to act as grading examples to the commumty, endorsing and encouraging the use of btkes as a primary means of transportataon, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Caty Councal has revaewed the Employee Bake Checkout Program and hereby authorizes the personal use ofbmyeles checked-out to employees under the auspmes of the Employee Bike Checkout Program SECTION 2 Tbas resolutaon shall become effective immediately upon its passage and approval 3 EXHIBIT I PASSED AND APPROVED flus the day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFERWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 4 Page 2 AGENDA INFORMATION SHEET AGENDA DATE' May 15,2001 DEPARTMENT: Engineering CM/DCM/ACM' Dave Hill, 349-8314 SUBJECT Consxder adoptmn of an ordinance approwng a real estate contract between the C~ty o£ Denton and Ehzabeth Dunbar relating to the purchase of approximately 0 16 acres of land being Lot 9, Block 4 o£ the Solomon Hall Addxtmn No 3 an add~tmn to the C~ty of Denton, located in the H Cxsco Survey, Abstract No 1184, For use as a Phoemx Park Expansion Site, authonmng the expenditure of funds therefor, and prowdmg an e£fectxve date BACKGROUND The Parks and Recreation Department desires to purchase th~s vacant tract on Sycamore Street to expand the boundaries of Phoemx Park m th~s area The C~ty purchased two other vacant lots along the south s~de of Sycamore Street m June o£ 1997 a few hundred feet east of the subject Dunbar tract for the same purpose The plan ~s to ultimately acquire the two vacant "Jafney" lots east of and adjacent to the subject Dunbar tract The two "Jafney" tracts were struck-off to the Denton Independent School D~stnct m June of 2000 and we are pursmng a resolution sale to the C~ty m the near term OPTIONS 1 Approve the purchase contract, or 2 Demal, or 3 Table for future consideration RECOMMENDATION Staff recommends approval of the real estate purchase contract ESTIMATED PROJECT SCHEDULE Regular maintenance to occur upon acquls~t~on PRIOR ACTION/REVIEW Project overwew to C~ty Councd - June 6, 2000 FISCAL INFORMATION $9,000 purchase price for the lot Closing costs are estimated to be approximately $1,000 which include a current lot survey, cleanng title issues and securing title insurance ATTACHMENTS > Locatlon map ~ S~te Map > Draft ordinance ~ Agreement Prepared by Paul Wflhamson Real Estate & Capital Support Manager Respectfully bm~tted Charles Fled e, Eng~neenng Department 2 Location Map SITE MAP ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRA. CT BETWEEN THE CITY OF DENTON AND ELIZABETH DUNBAR RELATING TO THE PURCHASE OF APPROXIMATELY 0 16 ACRES OF LAND BEING LOT 9, BLOCK 4 OF THE SOLOMON HILL ADDITION NO 3 AN ADDITION TO THE CITY OF DENTON, LOCATED IN THE H CISCO SURVEY, ABSTRACT NO 1184, FOR USE AS A PHOENIX PARK EXPANSION SITE, AUTHORIZiNG THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDiNG AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS SECTION 1 The City Manager ~s hereby authorized to execute a Real Estate Contract between the C~ty and Ehzabeth Dunbar, m substannally the form of the Real Estate Contract which ~s attached hereto and made a part of th~s ordxnance for all purposes, for the purchase of Lot 9, Block: 4 of the Solomon Hill Addmon No 3 for use as a Phoemx Park expansion site SECTION 2 The C~ty Manager ~s authorized to make the expen&tures as set forth ~n the attached Real Estate Contract SECTION 3 Th~s ordinance shall become effective ~mme&ately upon ns 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 PP-2.OUTY, CI.T.Y'~TORNEY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE iS made by ELIZABETH DUNBAR (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the ,Property"), together with any improvements, fixtures, and personal property situatec% on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by June 30, 2001 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price The total purchase price for the Property shall be the sum of $9,000.00 (the "Purchase Price") . 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing PURCHASER ~ S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser et or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after Page I . the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owner's 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 ~otice on or before the expiration o~ ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactor~. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes, otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. SuL-vey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be perforz~ed, observed, and complied with by Seller prior to or as of the closing. PA~E 2 7 REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser es follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date= 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, re~ulations, statutes, rules and restrictions relating to the Property, or any part thereof 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as emended. CLOSING The closing shall be held at the office of Texas Title Company (the ~Title Company"), 2215 South Loop 288, Suite 320, Denton, Texas on or before May 31'=, 2001 (which date is herein referred to as the ~closing date"). The closing date may be extended by mutual agreement of the parties CLOSING REQUIREMENTS 1. Seller,s Requirements. At the closing Seller shall= A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for the following= PAGE $ 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 Ohli~ations hereof~ 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 Texas Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closin~ Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however~ 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser~ 2. The exception as to restrictive cove- nants shall be endorsed "None of Record", 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"~ and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. PAGE 4 3. Closin~ Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller, except for Seller's attorney fees. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retained a broker for this transaction and that there are no broker or real estate fees due as a result of the consummation of this contract. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. pAGE 5 1o 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any ope or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time o£ Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorand=m of this Agreement suitable for filing of record 11. ComplLance In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser~s own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to seller. pAGE 6 II 13. Effective Date. The term ~Effective Date" means the latter of the dates on which this Contract is si~ned by either Sellers or Purchaser, as indicated by their si~nature below. If the last party to execute this Contract fails to complete the date of execution below that party's signature, the date the Title Company acknowledges receipt of a copy of this fully executed contract is the Effective Date. IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows: SELLER: PURCHASER: ELIZABETH DUNBAR Date ~ --~.- Actin9 City Manager 215 E. McKinney Denton, Texas 76201 ~a0V~O AS 73 FO~ , Date. STATE OF TE~S 0,~~~~ CO~Y OF DE~ON 7 ~ ' ~____ This instr~ent is ac~owled~ed before me, on this __ day of__ , 2001 by Howard Martin, Acting City Manager, of the City of Denton, a municipal co~oration, ~o~ to me to be the person and officer whose n~e is s~scribed to the foregoing instr~ent and ac~owled~ed to me that the s~e was the act of the said City of Denton, Texas, a municipal co~oration, that he was duly authorized to perfo~ the s~e by appropriate ordinance of the City Council of the City of Denton and that he executed the s~e as the act of the said City for pu~oses ~nd consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas PAGE 7 co rr ,. ^.,. ,,/This instrument is acknowledged before me, on this day of [,~,!~]~ , 2001'by ELIZ~ETH D~AR. ~- =~ = N~Publl~d~ ~ Nota~ P~lic i:' ~ fWr) TITLE COMP~ ACCEPT~CE ~ AC~O~EDOE~NT The Title Company acknowledges receipt of the fully executed Contract on __ day of , 2001. TITLE CO~= N~e= Texas Title Company Address~ 2215 South Loop 288, Suite 320 Denton, Texas 76205 Telephone ~ 940-382-8251 Printed N~e= Title= PAGE 8 Exhibit "A" BEINGlall that certmn lot, tract or parcel of land lying and being s~tuated ~n the C~ty and County iof Denton, State of Texas m the H Ctsco Survey, Abstract Number 1184 and being all of Lot 9, Block 4 of the Solomon Hill Add~tmn, Number Three recorded m Volume 183, Page 84, Plat Records, Denton County, Texas AGENDA INFOR1VIATION SHEET AGENDA DATE. May 15, 2001 DEPARTMENT Planning & Developmen.t ~ ~ CM/DCM/ACM Dave Hill, 349-8314 <~,~a SUBJECT Consider approval of a resolution by the City of Denton, Texas, authorizing the C~ty Manager to sign and submlt to the Department of Housing and Urban Development a 2001 Action Plan for Housing and Commumty Development w~th appropriate certifications, as authorized and required by the Housing and Commumty Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended, and providing for an effective date BACKGROUND The 2001 Action Plan represents the second year m the C~ty's five-year ConsohdatedPlan strategy and serves as the c~ty's appheat~on for Commumty Development Block Grant (CDBG) and HOME Investment Partnerships program funding In 2000, using a process w~th extensive input from c~t~zens and local nonprofit organizations, staff developed Denton's Consohdated Plan for Houstng and Communtty Development The Consohdated Plan ~s a five-year strategy detaHmg housmg, soclal serwce and pubhc works projects benefiting low and moderate-~ncome households and neighborhoods Annual action plans are developed based on the strategies outhned m the Consoltdated Plan Pubhc hearings requesting citizen mpnt regarding the use o£CDBG and HOME funds were held ~n November arid December Appheat~on avmlabH~ty was also advertised m November and December Staff held apphcat~on workshops m January CDAC and HSAC held £undmg hearmgs during February and March Each cormmttee developed a set of funding recommendaUons to present to C~ty Council Staff has developed these recommendations ~nto the 2001 Action Plan for ConncH rewew Page 8 of the Action Plan booklet prowdes a hst of the act~wt~es recommended for 2001 funding A pubhc hearmg was held at the C~ty Council meeting on Aprd 10 Several individuals commented on proposed ftmdmg aet~wt~es A summary of comments ~s included on pages 7 and 8 Please refer to your 2001 Acuon Plan booklet for add~Uonal mformauon Th~s booklet contains a copy of the proposed 2001 Action Plan and minutes of the CDAC and HSAC meetings OPTIONS · Approve the 2001 Action Plan for Housing and Commumty Development · Request gews~ons to the proposed 2001 ~4ctton Plan actlVltXes prxor to final acceptance · Prowde guidance to advisory committees and ask for reconsideration or restructuring of Action Plan fundxng proposals RECOMMENDATION The Community Development Adwsory Committee and Human Services Adwsory recommend approval of the proposed activities in the Aetaon Plan ESTIMATED PROJECT SCHEDULE Pubhc comm 1 through April 30 Committee's ibnef Counml Members on Plan April 10 Actxon Plan public hearing April 17 City Council 'considers approval of Action Plan May 15 Submission of Action Plan to HUD June 1 Environmental rewew process May 15 through July 20 Release of funds by HUD August 4 ProJect lmtlahon August 5 PRIOR ACTION/REVIEW Community Development Advisory Committee members have developed recommendatmns for allocation of CDBG funds for housing, park and sidewalk improvements, ~nstallation of samtary sewer facilities and nonprofit facthty improvements CDAC Committee minutes are included beg~nmng on page 59 of th, Actmn Plan booklet The Human Services Committee members developed recommendations for the use of $167,250 CDBG funds for human service activities Th~s ~s the maximum mount of CDBG funds that can be used for human servmes under federal regulations HSAC also recommended that $268,550 from the C~ty's General Fund be allocated to human services agencies Though the Action Plan ~ndmates that the HSAC ~s recommending use of general fund dollars, approval of the Action Plan does not approve HSAC's General Fund recommendations Human Services Adwsory Committee recommendatmns for the General Fund budget will be ~ncluded m the normal budgetary process For more ~nformatlon, the HSAC m~nutes start on page 79 of the Actmn Plan booklet FISCAL INFORMATION All projects and programs approved under the 2001 Action Plan are funded w~th CDBG and HOME funds No general fund dollars are included in the proposed 2001 Action Plan 2 ATTACHMENTS 1 Resolution, pages 4 - 5 2 2001 Projects/Act~vlttes, page 6 3 Public Comments, pages 7-8 Pmp~edBy Commtm~ty Development Adm~mstrator Respectfully submitted D~rector of Commumty Development RESOLUTION NO A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2001 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOP- MENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQLr[RED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas, ~s concerned with the development of wable urban communities, including decent housing, a suitable hwng environment and expanded economic opportunities, and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income, and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City and a Home participating jtmsdmtlon, has prepared, through a citizen participation process, a program for utilizing its entitlement funds and program income in the approximate amount of $1,768,968, and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met, and WHEREAS, the Commumty Development Act of 1974 and the National Affordable Housing Act of 1990 reqmre an application and appropriate certifications included in the Consolidated Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That the City Council of the C~ty of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Develophaent an Action Plan and appropriate certifications for entitlement funds under the Housing and Commumty Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended SECTION II That the C~ty Council of the City of Denton, Texas, authorizes the D~rector of Planning and Development to handle all fiscal and admlmstratlve matters related to the application, the Consolidated Plan and the certifications SECTION III That the City Secretary ~s hereby authorized to furnish copies of tlus resolution to all interested parties SECTION IV That ttus resolution shall become effective immediately upon its passage and approval 4 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 5 2001 PROJECTS/ACTIVITIES The City of Denton's total federal funding for 2001 ~s $1,768,968 Program funds have been allocated to an array of projects and aet~wt~es to benefit low and moderate-raceme households Each project ~s described in detail from pages 9 to 30 and ~s arranged by project number See the following list of CDBG and HOME proposed projects and activities for their assigned project and page number Page # ProJect Name I Amount Project # 9 Adult Day Care of North Texas $4,000 13 10 AIDS Services of North Texas $15,000 14 11 Boys and G~rls Club of Denton Co $12,600 15 12 CDBG Admamstratlon $233,694 1 13 DAHC Affordable Housing Opportumty $86,250 2 14 Denton City County Day School Improvements $30,000 3 15 Denton Co MHMR (SIERRA) $9,000 16 16 East MeK~nney S~dewalk $84,525i 4 17 Emergency Repmr Program $45,0012 5 18 Family Health Care, Inc $30,0012 17 19 Fred Moore Park Fence, L~ghtlng & Restroom $111,0012 6 20 HOME Admmmtratmn $59,6013 7 21 Home Improvement/Reconstruction Program $444,825 8 22 Homebuyar Assistance Program $444,824 9 23 HOPE, Inc $30,000 18 24 Inman Street Wastewater Improvement $32,000 10 25 Intarfa~th Ministries $17,250 19 26 MLK L~ghtmg Project $17,000 11 27 PARD ASAS/TRAC $17,000 20 28 PARD Kings K~ds Day Camp $19,800 21 29 PARD Owsley Summer Playground $12,600 22 30 Rental Rehabd~tat~on Program $10,000 12 2001 T0tal, Funding Allocated to ProJects $1,768,968 2001 Funding Avmlable ($1,768,968) ~!i! 2001 Unprogrammed Funds I 0 6 Pubhe Comments on the 2001 Action Plan for Housing and Commumty Development Roy San Mlguel, 104 Inman - Spoke at the public hearing, to the Community Development Advisory Committee and Community Services staff supporting sewer installation on Inman Street that is included in the plan Mr San Mlguel also indicated that his property has severe drmnage problems caused by new development m the area Lee Ann Breading, 1107 Audra Lane - Ms Breading is the president of the Board of Directors of the Denton County Advocacy Center She spoke at the public hearing and indicated that she felt 2001-2002 human services funding should be allocated to the Advocacy Center Ms Greeting noted that the Advocacy Center could redirect City funding to direct service activities Suzanne Akms, 1216 Pin Oak - Stated she was a six-year consumer of REACH of Denton's servlees She discussed her experiences with their "Adjustment to Disability" trmnmg and requested that the City continued to fund REACH's program Mehssa Dlckenson, 419 Northndge, Denton, TX - Ms Dmkenson is an employee of REACH of Denton She described the counsehng services and requested that the City continue to fund adjustment to disability program She provided a comment over the phone and stated that REACH's services are needed to replace services missing to persons w~th mental illness and mental retardation due to funding cuts at Denton County MHMR Center Joan Slehng, 2407 Fmr Oaks Circle, Corinth, TX - Ms Sethng called and spoke at the pubhc hearing in support of the REACH funding request for the adjustment to disability support group Ms Selling commented on the outstanding counseling given by Mr Tom Shenk Mr Shenk conducts the adjustment to dlsablhty counseling sessions Ms Selling said she hopes the City of Denton will fund REACH next year Rosemary Dunlap, 710 Gober St, Denton, TX - Ms Dunlap called in support of REACH's request to fund the adjustment to dlsabthty support group Ms Dunlap smd she and others have benefited a great deal from the adjustment to dlsabdlty group She asked that the City of Denton reconsider the recommendation not to fund REACH Ms Judy Platt, 707 Hlllcrast, Denton, TX - Ms Platt called in support and a letter from her was read at the pubhc hearing in support of REACH, Inc and its request for human services funding Ms Plat complimented Mr Tom Shenk, the adjustment to dlsablhty support counselor She spoke on the importance of the adjustment to dlsabdlty group and of the positive impact it has had on her life Judith Royal, Denton Christian Preschool - Ms Royal thanked the Human Services Advisory Committee and City Council for their support of programs asslstnng low-income children Lorraine Platt, 1012 Bayfield, Denton, TX - Spoke at the public hearing in support of REACH's adjustment to disability program 7 10 Charlye Hegglns, 422 Audra Lane, Denton, TX - Ms Hegg~ns stated at the pubhc heanng that she was an employee of SPAN and that she supports expansaon of the Ameraean Legion Hall Semor Center 11 Betty Kimble, 809 Lakey Street, Denton, TX- Stated at the pubhc hearing that she supported the expansion of the Ameraean Legaon Hall Semor Center Ms Kamble daseussed all the actavmas held at the faclltty to mdaeate the need for more space 12 Carolyn Berry, Denton Ctty County Day School - Stated at the public hearing that she was appreclatave of the funding recommended by the Human Services Advisory Committee 13 Sherra Gideon, Court Appointed Specaal Advocates - At the public hearing, Ms Gadeun expressed her thanks to City Council and the Human Servaces Advisory Committee for thear hard work She supported the ftmdmg for CASA that was included in the Aetaon Plan She also indicated m wratten comments that she also supports the Denton County Children's Advocacy Center 14 Carolyn Phalhps, 722 Lakey Street, Denton, TX - Ms Phillips provaded written comments to Caty Councal stating the followmg Dollars should be allocated to ensure that more African Americans quahfy for housing programs Look at "personal credit enhancements and credtt fixangs" Also, work wath lending mstttut~ons to apply HUD funds to mmoraty neighborhoods · Safety concerns that are not being funded - Bell Ave/Robertson Street, exats onto Dallas Drave from SE Denton Neaghborhood · Homeless satuataon wall become more demandang Ms Phalhps supported the ~mprovements m Fred Moore Park but stated her concern regarding exclusion of the addataona1400 square feet to the American Legaon Hall Senior Center expansaon RESPONSE Caty Cotmc~l members stated that they wanted to look at possible funding for REACH of Denton, and the Denton Chaldren's Advocacy Center from general fund dollars This wall be discussed durmg the general fund budget process Mayor Brnek elarxfied that the American Legion Hall Semor Center expansion is a capital improvement pro.leer and that a 1600 square foot expansaon has already been funded Staff wall look at the posslbthty of adding space ffparks and recreation capital lmprovemem ftmdang is avmlable Altering entrances and ex,ts from the neighborhood onto Bell Avenue was not considered as hagh a priority as the improvements in Fred Moore Park and the MLK Jr Center The Caty of Denton currently provides funding to the Salvation Army to assast wath shelter care Proposed projects supported by various speakers remmn part of the proposed Actaon Plan ~genda No_ ~ AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2001 Quesuons concerning th~s acqmsltmn may be directed DEPARTMENT: Customer Service to (Susan Croff/349-8199) ACM. Howard Martm, Interim City Manager ~ SUBJECT An ordinance of the city of Denton, Texas amendmg the provisions of Chapter 26 relatmg to utilities by amending Sections 26-1, 26-3, 26-4, 26-5, 26-6, 26-8, 26-9, 26-10 and 26-37; further providing for amendments to Sections 26-100, 26-104, 26-128, 26-153, 26-154, 26- 155, 26-157, 26-158, 26-160, 26-161, 26-171, 26-177, 26-186, 26-187, 26-188, 26-189, 26-190, 26-191, 26-201, 26-202, 26-203, 26-204, 26-205, 26-206, 26-207, 26-227, 26-233 and 26-234 m order to reflect current organizational status regarding the Assistant City Manager - Utdmes, prowding for a severabthty clause, providing a repealer clause; providing a sawngs claus6~ prowdmg for a penalty not to exceed $2,000 for vmlaUons of section 26-233 and/or section 26-234, as applicable; establishing a sunset prowsion, and providing for an effective date as to the remaming provisions BACKGROUND Changes tO tbas ordmance are needed to reflect current customer servme operaUonal needs The spemfic changes relating to customer service items include · Reduction of the mterval between the payment due date and termination of service · Flexlbd~ty m the determ~natlon of deferred payment plans (past due financing) · Ab~hty to adapt to new technology to provide new servmes RECOMMENDATION Staff recommends the acceptance of the proposed ordinance changes for implementation as of October 1, 2001 PRIOR ~CTION/REVIEW (Council, Boards~ Commissions) Several changes were made to City Ordinance - Chapter 26 m July of 1994 In September of 1998, the impact fee portion (Sections 26-210 through 26-231) was added On February 18, 2001, the proposed changes were presented to the Pubhc Utfltty Board On March :27 and April 24, :2001, the changes were presented to Council for discussion and changes were made to thc ordinance to eliminate the interest and penalty charges (Section 26-6 (c) and (d)) In addition, a procedure reducing the number of days for which the City carnes unpaid balances was d~scussed The procedure allows a mmamum of a 37-day interval from billing to possible termination of services FISCAL INFORMATION The proposal changes the parameters in wbach utility customer servme can provide servtce The changes reduce the cost of servme by reducing the interval for whtch the City cames unpaid balances Respectfully submitted (Susan Croft') f-/~)/ ~ (Utlhtles Manager- Customer Service) Exhibit I Summary of Changes Exhibit II Revised Ordanance 2 ORDINANCE NO AN ORDINANCE OF TFfl~ CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 26 RELATING TO UTILITIES BY AMENDING SECTIONS 26-1, 26-3, 26-4, 26-5, 26-6, 26-8, 26-9, 26-10 AND 26-37, FURTHER PROVIDING FOR AMENDMENTS TO SECTIONS 26-100, 26-104, 26-128, 26-153, 26-154, 26-155, 26-157, 26-158, 26-160, 26-161, 26-171, 26-177, 26-186, 26-187, 26- 188, 26-189, 26-190, 26-191, 26-201, 26-202, 26-203, 26-204, 26-205, 26-206, 26-207, 26-227, 26-233 AND 26-234 IN ORDER TO REFLECT CURRENT ORG,MNIZATIONAL STATUS REGARDING THE ASSISTANT CITY MANAGER - UTILITIES, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING A REPEALER CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF SECTION 26-233 AND/OR SECTION 26-234, AS APPLICABLE, ESTABLISHING A SUNSET PROVISION, AND PROVIDING FOR AN EFFECTIVE DATE AS TO THE REMAINING PROVISIONS WHEREAS, the Council of the Caty of Denton, Texas has carefully evaluated several oftbe provaslons of Chapter 26 of the Code of Ordinances ("Utflat~es") and has recogmzed the need to change several provasaons thereof, and WI-IEREAS, the Council, during ats evaluation of Chapter 26, desares to make techmeal eorreetaons to a number of prowsaons of Chapter 26 to correctly reflect the current orgamzataonal structure of the caty, whenever the term "executive dareetor for utflataes' as replaced with "assastant e~ty manager - utflmes", and WHEREAS, at as the antent of the Council to protect and promote the pubhc health, safety, and welfare, by so amenchng the Code of Oadmances accordingly, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Chapter 26 of the Code of Ordinances of the Caty ("Utflataes") be and the same as hereby amended by addang the following provasmns, whmh shall read as follows SECTION 26 - UTILITIES ARTICLE I. IN GENERAL See. 26-1. Assistant city manager - utilities. (a) Defimtton As used in tlus chapter and wherever at may appear in flus Code, the term assastant city manager - utahtms or pubhc utflmes d~rector shall mean the assistant city manager- ut~ht~es of the utllmes department 5 EXHIBIT II (b) Appotntment The assistant city manager - utlhtles shall be appointed by the city ] manager subject to confirmation by the public utflltaes board (c) Powers and duttes The assistant city manager - utlhtles shall have such powers [ and duties as may be promded by ordinance (d) Mapping of systems The assistant city manager - utilities shall prepare and mamtmn complete, up-to-date maps of the electric, samtary sewerage and water systems of the city Sec 26-3 Service deposits and alternatives. A service deposit will be reqmred unless the apphcant provides one of the exemptions as hsted below (a), (b) or (c) (a) Residential customers If a customer receiving residential service is reqmred to make a deposit, the amount of the deposit shall be a minimum 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-s~xth of the last twelve (12) months bflhng at the service loqataon or a similar loeatmn as determined by the utility representatave An alternative tO the deposit is available if the customer meets one of the following criteria Restdenttal exemption from depo~It NO service deposit will be reqmred of an applicant for residential utility servme if the appheant 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 two (2) years with e~ther the c~ty utfllty system or another electric utility company If the service was with another utility, the applicant must provide the mty with a letter of good credit for utlhty services from the former utthty company for verification within twenty (20) days of applying for sermee (2) The applicant provides a cosigner who accepts responsibility and ~s verified to have an acceptable credat ratang with the city ut~hty system, and who is wfllmg to be listed on the account to guarantee payment of the apphcant's utility bills Thts guarantee will be in effect until the appheant develops an acceptable credit rating (3) The customer receives an acceptable credit rating from a credit source avmlable to the mty The customer must pay the cost of obtoanmg the credit rating This cost will be set annually within the Utahty Rate Ordinance, but will not exceed $100 For purposes of tbas chapter, "acceptable crecht rating" shall mean a credit rating whtch is based upon a commonly used formula or a formula approved by the city council (b) Commercial customers In the case of commercial or industrial servme, if the applicant for service is required to make a deposit, the amount of the deposit shall be a mlmmum of three hundred dollars ($300 00) or an amount equal to one-s~xth of the last twelve (12) months of bfllmg at the locatmn where service ~s requested, whichever is greater If no previous h~story is avaslable for the locataon, a mpmsentatave faclhty similar to the type where servme m requested wall be used to estabhsh the amount of the deposat Comrnerctal exernpttonfrom depostt An apphcant for utility servme for a commerctal or mdustnal entity or business may not be reqmred to make a depostt afthe apphcant (1) Provides the city an acceptable commermalhndustnal credtt rattng for the last twenty-four (24) months the customer recetved servme from the mty utfltty system or a corem,final letter of good erecht from another utility system The period has to be wtttun the three (3) years prior to the date of application The commerctal letter of good credst from a former utility company must be receaved for venficatton within 20 days of stgnmg for service Credit references from resadenttal utflaty accounts are not accepted for exemptions of commercta!/mdustnal depomts, or (2) If the credit of a commerctal/mdustnal customer for service has not been estabhshed satisfactorily to the city, the apphcant may provtde an irrevocable letter of credat tn heu of a depostt The irrevocable letter of credat must be executed by a Texas bank to the satmfactlon of the ctty manager and city attorney The customer must mmntmn the rrrevocable letter of credat m effect at all tunes If the customer allows the trrevocable letter of crofht to expare, the customer shall pay a deposit tn the amount provaded as hsted above, or th~ c~ty may terrmnate utility servme Sec. 26-4 Additional deposit reqmred (a) Ad&taonal deposits The ctty may reqmre a customer to make an addtttonal depostt in the event that a depom made as spectfied an subsection (a) or (b) ts subsequently detenmned to no longer be sufficaent In no event wall the amount of the deposat exceed one-sixth of the last twelve (12) months bflhng at the servme locat~on The mty may rhsconnect service if the customer does not remat the addtttonal depostt wathm fourteen (14) days of the ctty's request, prowded a written d~scounect notme has been maned Such {hsconnect notme may be issued concurrently wtth the written request for the adchtlonal deposit A customer may be reqmred to pay a depostt or put down an additional deposit amount ~f (1) The customer has been terminated from receipt of utility servme due to non- payment of a utility bill, or (2) The city has determined there ~s evidence of tampenng wtth the customer's meter, or (3) The customer has an unacceptable credit rating and the etty does not have an tts files a current cosigner or apphcant who meets the requtrements of secnon 26-3(a) or (b), or (4) The customer has be~n reqmred to pay or is paying off a utlhty account balance previously deemed uncollectible or is past due, or (5) The customer has filed a petition for relief under the applicable provisions of the Umted States Bankruptcy Code, or (6) The customer's irrevocable letter of credit filed w~th the city m heu ora deposit has expired (b) Interest The city shall pay interest on deposits at an annual rate estabhshed by city council If a refund of the deposit is made within thirty (30) days of receipt of the deposit, no interest will be prod If the deposit is retmned more than thirty (30) days, payment of interest shall be retroactive to the date the entire amount of deposit has been made The deposit shall cease to draw ~nterest on the date ~t is returned or credited to the customer's account Payment of the mterest to the customer shall be made at the t~me the deposit is returned or credited to the customer's account If the customer's account is active, the deposit will automatmally be apphed to the customer's account to offset current billing If the amount rema~mng after the offset ~s g~eater than one-sixth of the annual billing amount due, the amount will be refunded by check to the customer (c) Cre&( checks After making apphcat~on for sermce, the customer service department may pursue a credit reference check The customer will be given service promptly ailer application, but if the credit check shows the customer does not have an acceptable credat rating, the customer will be reqmred to produce a cosigner or place a deposit on account Fmlure to do so will result ~n the d~scontlnuance of service w~th no less than two (2) days of notification g~ven in writing, to the prospective customer by the customer service department Sec. 26-$. Refunds of deposits. The city shall refund deposits to applicants and customers ~f one of the following events OCCURS (a) The customer's service has been disconnected The city shall refund the deposit plus accrued mterest less any outstanding balances A transfer of service from one service location to another shall not be deemed a disconnecUon and the city shall not require an additional deposit unless authorized by section 26-3 or section 26-4 hereof (b) When the customer has pa~d bills for servme for twelve (12) consecutive residential bdlings or twenty-four (24) eonseennve commercial or Industrial billings without having service dxsconnected for non-payment of bills, or meter tampenng, and w~th no more than two (2) occasions each year m winch a bill was delinquent, as provided by section 26- 6(a), and provided the customer ~s not delinquent m the payment of the current bill The city shall then, in that event, refund the deposit (plus accrued interest) to the customer m the form of a credit to the customer's account The C~ty may also release the customer's m'evocable letter of credit See 26-6. Other fees. (a) Connection and transfer fees A counect~on fee m an mount estabhshed by the c~ty council and on file in the office of the c~ty secretary will be charged to new customers requesting water and/or electric serwce, and a transfer fee m an mount establashed by the elty council and on file m the office of the c~ty secretary will be charged ex~st~ng customers for transfemng from one locaUon to another (b) Reconnect fee and deposit If water and/or electric utthty service ~s daseonneeted for nonpayment, then the customer will be reqmred to pay a reconnect fee ~n an amount estabhshed by the city council and on file m the office of the c~ty secretary and estabhsh and mmntmn a deposit sum equal to one-s~xth of the last twelve (12) months' bflhngs on bflhng at the location where service ~s requested If a twelve (12) month bastory ~s not available, an estimated usage will be used to assess the deposat amount See. 26-8. Grounds for d~seontinuanee of service (a) The assistant e~ty manager - uttht~es shall thscontmue serrate to any person wolatmg any provision oftbas chapter or any pubhshed role or regulation of the utfl~txes department, or of the C~ty of Denton, untal such wolat~on has been corrected (b) The assistant e~ty manager - utahttes, or bas designee, shall d~scontlnue service to any person found defrauding the uttht~es department by tampering w~th any water or electric hne or meter Serwce thscouneeted for any such reason shall not be restored until the assistant c~ty manager - ut~ht~es, or bas designee, ~s satisfied that all loss to the ntfl~t~es department has either been repaid, or is financed for repayment, and that service may be restored w~thout undue risk of further loss through such acts or nonpayment (e) SubJeCt to the approval of the e~ty council, the assistant city manager - utthtles shall d~scontmue servxce to any person found to be unreasonably wasting or d~vertmg electricity or water (d) Utlhty services may be termmated ff payments become dehnquent The c~ty may terrmnate services at any t~me upon dehnquent status of an account Once services are terminated, any deposit held by the c~ty will be apphed to the delmquent account If the customer w~shes to reconnect servlces, the customer will be reqmred to pay a reconnect charge and the remannng balance of the delinquent amount or at least fifty percent (50%) wxth a s~gned legal agreement to pay the remainder w~th three (3) eonseentave monthly mstallments The c~ty may refuse service and reqmre payment m full, based on the credit bastory of the customer For continued service, the city will require an additional deposit amount as described m 26-4 Sec 26-9. Bffimg and collection for services. (a) Due date for payment of statements The due date for the payment of the bill for utility servmes shall not be less than fourteen (14) days after issuance Payment must be received m the established utility services locations by close of bus~ness on the due date, to avmd termination of servmes, delinquent servme fees, and mmntmn a good credit ratmg Payments placed m the mml and showing a postmark on the due date will not be conmdered as being received on the due date In addltmn payments made through alternative sources such as, telephone, drop box or ~nternet, will be accepted according to the terms established for those services These payment reqmrements will be estabhshed by city council, and available m the office of the mty secretary, and posted at customer access points when possthle (b) Discontinuance of service for nonpayment Each customer of the c~ty's utility system who has not prod by the due date as noted on the bflhng, or according to finance agreements, ~s ehglble for disconnect after the due date w~thout further notification (c) Notice of termination of services A customer may be notffied on h~s current utility statement that hm serwce ~s ehg~ble for d~sconnect~on due to a delmquent balance The statement will mform the customer that he should contact the utility customer servme department tmmechately and prior to d~sconnectlon of utility services to present any evidence or argument concermng the statement or amount of utility servme provided by the mty The customer will be reqmred to pay any amounts not registered by the customer servme department as under d~spute Any dmputed items must be resolved wattun saxty (60) days of notification to utility customer serrate The mty will attempt to call the customer and provide a verbal warmng of termmataon of services two (2) days prior to actual tenmnatmn (d) Alternatives to termination of service A customer w~th a past due or dehnquent balance may avoid terrmnat~on of utility servme by dmng one (1) of the followmg (1) Paying the total amount due by the spemfied due date, (2) Arranging w~th the utility customer service department for a short-term payment agreement that would reqmre down payment of at least fifty (50%) pement of the outstanding b~ll and payment of the remmmng amount ~n not more than three (3) consecutive equal monthly payments A customer may apply for a short-term payment agreement no more than once every slx (6) months (3) If the customer ~s unable to meet these conditions or has defaulted on a short-term payment agreement w~tban the last s~x (6) months, the customer may request to apply for financing under the utility account rewew committee criteria Criteria will be reviewed and approved by this committee at least annually This committee will be composed of the city manager, city attorney, assistant city manager of finance, and the assistant city manager of utilities Additionally, one (1) citizen representative selected and appointed by the assistant city manager of utilities will serve as a nonvoting member of the cornrmttee If committee members are unable to attend the meeting, they may send a designated representative in their place The utahty account review committee IS authorized to develop the criteria for long-term financing beyond the three-month period but cannot extend repayment beyond twelve (12) months Neither the utlhty customer service department nor the utihty account review committee will have the authority to waive all or any portion of the utlhty statement owing to the city except when an error in bllhng has occurred Fmance charges wall be appheable as determmed by this ordinance and the utlhty account review committee criteria Any account that as delinquent without any contact to address the delinquency Wltban sixty (60) days of the dehnquent date, wall be turned over for collection, and appropriate reports regardsng the customer's credit ratmg may be processed Once financing has been established using the review committee criteria, obligations must be met according to that agreement No additional delinquency will be accepted Failure to pay under the agreed-upon finance terms will require payment in full for contmued services (e) Certain adjustments prohibited No adjustment wall be made m any monthly bill because ot~my,~ water or electric leak or loss, unless otherwise stated m this ordinance No allowance shall be made on utahty balls because of use of less service than the quantity set as the basis for the mammum charge (i) Service meters required Each customer maintaining a separate residence, either house or apartment, shall have a separate water meter and electric meter and a separate service connection to the city sewer lines, provided, however, that multiple dwelhngs containing less than five (5) umts may be served by one (1) water and one (1) electric meter and one (I) sewer service counect~on and will be balled under the residential multiple block rate Multiple dwellings containing five (5) or more units wbaeh do not have separate metenng and service facilities shall be classified as commercial buildings for utlhty purposes and shall be billed under the apphcable commercial rates (g) Not, ce of service changes required Any customer or prospective customer of the c~ty utility system mowng into or out of a building where electric, water, sewer or solid waste service IS or will be provided, shall g~ve a minimum of twenty-four (24) hours notice to the customer service department prmr to the proposed date of connection or disconnection of utilities If the customer falls to g~ve proper notification, payment for services shall be prorated based on evidence provided by the customer or available to utlhty services and the amount billed will be due and payable by the customer (h) Proration of utility b~lls The billings for utahties consumption may be calculated on a tl~rty-day basis and prorated higher or lower for longer or shorter billing periods respectively (1) Proration of customer facility charge All monthly customer faclhty charges contained in th~s chapter shall be prorated higher or lower for balhng periods longer or shorter than tfurty (30) days, respectively In such cases, the fiat monthly charge shall be multiplied by twelve (12) then divided by three hundred sixty-five (365) to arnve at a daily Customer facahty charge The daily charge shall then be multaphed by the actual number of days ~n the billing period O)Est~mated bdhngs and bdhng adjustments The c~ty may estimate active utility services for no more than (2) two consecutive bflhng periods This estimate shall be considered the current month billing and must be paid accordingly The e~ty shall also have the right to provide bflhng adjustments, consisting of back-billing or back credits, on prior billings for a period up to, but no greater than two (2) years These prior period bfllmg~ adjustments must be based on actual meter readings, vendable evidence, or proration based on actual readings (k)Rejectton of apphcatton for servtces An apphcataon may be rejected af utility customer servxce has a record of previous past due accounts owing by the apphcant The c~ty has the option of requmng these amounts to be paid an full, or transferring the amounts to the new service account after a down payment, and financing of the remauung amount for a period of three (3) months Sec 26-10. Budget billing customer option Any rcsadent~al or local government utahty customer of the c~ty may request to be balled for electrical, water, sewer and/or saturation services based upon an average bflhng amount The ehgahihty and calculation criteria are as follows (1) The customer shall request budget billing an accordance wath the provas~ons of this section The customer must have estabhshed residence and have a good credit history w~thin the past s~x (6) months wtth the clty Budget bflhng will not be open for enrollment dunng the four (4) months preceding the settlement month, or 12th month, of the budget bllhng year (2) The elty may accept or deny the request based on the customer's credit history and c~reumstanees as presented by the customer Upon acceptance of the request, the city will compute the budget bdhng amount based on the last twelve (12) months of bllhng, and adjusted for any rate changes that would affect the budget bfllmg calculation and as described in this subsection The customer shall be billed this budget bflhng amount for the remaimng months after approval of the apphcaUon On the settlement month, or twelfth bflhng month, the elty wall credit the customer's account for any accumulated amount m excess of the actual twelve (12) months' consumption If the amount ~s greater than two (2) average monthly bflhngs, the customer can request that the amounts be refunded, ff requested prior to the due date of the credit If the amount remalmng represents an amount owed by the customer to the city, the customer shall have until the due date of the current hilling to pay the adcht~onal amount due The customer's account may be reviewed quarterly, and the budget bflhng amount may be adjusted based upon the current bflhngs (3) Monthly bdhng amount calculatton The city wall compute the customer's monthly budget bflhng amount by totahng the bflhngs for the services for the previous twelve (12) months If twelve (12) months ofbflhng history is not available, utility customer service may estimate the billing based upon the best available information These budget bflhng averages can be adjusted to reflect any rate changes that would likely ancrease or decrease the average annual ballmg amount These annual bllhng amounts will be chvlded by eleven I(11) to produce estimated usages per month for the next twelve (12) months (4) The city may provide budget billing for utility services based upon the customer's length of residence, credit history, and upon reformation provided by the customer Upon approval, the customer's written or oral consent shall constitute a legal agreement between the customer and the city The customer must comply wath the terms of tins sectaort, the terms of the agreement, and the budget billing policies of the city (5) Termmatwn of budget bdhng servwes Any late payment (payment received after the blllmg due date) of any budget bflhng which occurs more than twice m a twelve- month, period shall be cause for chscontmuataon of budget billing Any returned check will also constitute a reason for termination of ti'ns service Unless, the customer agrees to an approved automated payment, the customer may be removed from the budget billing program for fiulure to pay bills m a t~mely manner Such customer may not re- qualify for such program until the customer re-estabhshes at least six (6) months of quahf3nng~paymant bastory After a second removal from the program, a customer may not re-qualify for such program until after the expiration of one (1) year and a consecutive six (6) months of quahfy~ng payment history ARTICLE H. PRIVATE UTILITY FRANCHISES* *Charter referenee(s)-~Franchlses, § 13 01 et seq DIVISION 1. GENERALLY Sec 26-37. Approval of rates reqmred. It shall be unlawful for any person exercising or enjoying any public francbase or pnwloge withan the city to charge or collect for the local service rendered to the pubhc m the c~ty any tugher rate than as now fixed or in existence or being charged therefor, without first filing application for such increase with the city council and secunng approval thereof It shall be unlawful for an entity to pass on a utility charge greater than that charged by an authonzed utlhty provider for an amount greater than the actual amount due or charged by the provider DMSION 2. UNDERGROUND INSTALLATIONS* Sec. 26-100. Procedure reqmred in order to install underground distribution systems (a) When the developer of an approved subdivision or land development desires to install an underground electrical distribution system m the subd~wsmn or development, the developer shall make formal apphcat~on to the assistant mty manager - utaht~es by prowchng all reformation and drawings of the proposed facfl~taes as required by the assistant mty manager - utahtaes (b) The assistant city manager - utflltaes, upon approval of the apphcataon, shall furnish the developer mformat~on as to the routing and s~zes of the eondmt systems to be used, including the sw~tch and transformer foundations, pull boxes, etc, wtuch shall be ~nstalled to c~ty spemficatlons by the developer at his sole cost and expense The developer shall also be responsible for all or part of the cost of add~taonal underground electrical fucahtaes, whmh are mqmmd or mstalled, in accordance w~th the city's speclficatlons allocating the cost of such fucthtles (c) Upo,, approval and acceptance of the system, the city will install conductors, transforme~t, pedestals and switches See 26-104. High voltage installations. (a) H~gh voltage lnstallataons for underground services m subdlws~ons shall consist of a dual~ feeder serrate capable of being energized from e~ther end and capable of bemg sectlonal~zed and Insulated at each transformer location (b) The main chstnbutlon point of each end of the dual feeder shall be protected by line class attesters, fused d~sconnects and approved pothead cable termanataons (c) The cables shall have a metal conduit protection at all points where meehamcal damage is lhkely to occur, and all cables shall conform to all utahty department requirements and specfficataons mgardmg such metal condmts, and metal conduits shall be installed when mqmred by the inspector of underground utahtaes (d) All condmt systems shall be buried at a mlmmum depth of forty-two (42) inches below fimshed grade After excavatmn the first six (6) inches of refill earth shall be of selected material free of stones and sharp objects The remmnder of the refill may be of the excavated materials (e) Conduit bends shall not be less than ten (10) tames the diameter of the condmt (f) Tenmnat~ons wttlun the h~gh voltage chamber of the transformer may be either stress cones or aa approved cable terrmnat~on (g) Termmataons m weathered locations may be only of an approved cable termination 14 (h) Underground Ingh voltage conduats shall contmn a bare sof~ drawn or medaum hard drawn copper cables of the same physacal saze of the current-carrying cables 0) Underground htgh voltage cables shall be of the sinelded and grounded 15 KV approved type and the shields and grounds shall be securely fastened to the ground network system (j) Sazang of underground Ingh voltage cables shall be done by the mty electrical enganeer but m no case shall be smaller than a No 2 AWG size (k) All underground direct bunal shall be under the strict supervasaon of the respecter of underground utllmes and shall conform to all utthty department reqmmments and be in accordance w~th the plans and specfficatluns previously subuntted therefor by the ~nstaller or developer and approved by the assastant mty manager - Utlhtaes All underground direct burial of lugh voltage systems shall be marked aboveground at locataons and m the manner d~rected by the respecter of underground utlhtaes ARTICLE IV WATER AND SEWER SERVICE* Sec. 26-12~ Adjustments m bills for losses from hidden water leaks or unknown causes (a) Defimttons The followmg words, terms and phrases, when used ~n tins section, shall have the meanings ascribed to them ~n tins subsection, except where the context clearly ~ndaeates a different meamng Excess usage means the dxfference m the greatest normal usage of water at a service locataon and the actual amount of water metered and bailed m the billing month for winch the adjustment ~s requested at the servme loeatmn Greatest normal usage means that amount of water metered at the customer's serwce location m the billing month of greatest consumptaon dunng the prevmus twelve (12) consecutave bflhng months or, af there as less than twelve (12) prior bflhng months, the greatest consumptaon dunng any prior bflhng month, prorated to the number of days in the billing month for whach the adjustment ~s requested Htdden water leak means any leak of a water pape, lane or other water conveyance eqmpment caused by deterioration, corrosaon, natural forces or other sunflar cause winch ~s not unmedaately and reasonably detectable fi'om the surface of the ground Substantml increase tn water usage means an increase an the amount of water metered and billed at the customer's sernce locataon for the bflhng month for winch the adjustment as requested winch as m excess of fifty (50) percent of the greatest normal usage for that service location Cross referenee(s)-Defimtaons and roles of constmctaon generally, § 1-2 (b) Request for adjustment Any customer who is billed for a substanttal increase in water usage dunng any one (1) blllmg month due to a hidden water leak or unknown cause may request and receive an adjustment m the mount billed for water and sewer usage for that month m accordance with the provlszons of this section (c) Wrttten request Any customer requesting an adjustment pursuant to tins section shall make the request m writing to the customer serwce department on forms provxded for that purpose A request for an adjustment based upon a Indden water leak shall state the location and cause of the leak, the date it was discovered and the date of and person making the repmr, wxth attached copaes ofrepaxr bills A request for an adjustment based upon unknown causes shall state that the apphcant has no knowledge of the reasons for such excess usage of water at the service location for winch the adjustment is sought All requests shall be subnutted wltlun thirty (30) days of the due date of the monthly bill for winch an adjustment as sought (d) Adjustment allowed A request for an adjustment in a monthly bill for water and sewer usage shall be granted if it meets the following condmons (1) A rett~uest, wxth all reqmred mformataon, ~s filed within the reqmred time, (2) The r&quested adjustment xs for a monthly billing m winch there was a substantml increase in water usage resultmg from a hidden water leak or unknown cause, and (3) There has not been an adjustment made in the monthly billing for water and sewer usage at the same service locataon wlthan the prior tinrteen (13) months under the prowslons of this section (e) Amount of adjustment If an adjustment ~s granted under tins sectaon, the customer's account shall be adjusted by bllhng the customer for the excess usage of water and sewer at the service locataon for the month in winch the adjustment ~s granted at a reduced rate estabhshed by the c~ty council and on file m the office of the c~ty secretary ARTICLE V. DIRECT AND INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM* DIVISION 1 GENERALLY See 26-153. Definitions. The following words, terms and phrases, when used ~n flus article, shall have the meamngs ascribed to them m th~s scot, un, except where the context clearly ~nd~eates a dffferant meaning Abnormal strength wastewater means any wastewater hawng a suspended sohd, BOD, COD, chlonne demand or total phosphate concentration m excess of that found ~n normal strength wastewater Act means Pubhe Law 92-500, as amended, 33 U S C § 1251 et seq as enacted by the Umted States Congress and known as the Federal Water Pollution Control Act or Clean Water Act Approval authority means Region 6 Adm~mstrator of Umted States Environmental Protection Agency (EPA) Approved methods means analys~s performed m accordance w~th 40 CFR Part 136, "Gmdelmes Estabhshmg Test Procedures for the Analysas of Pollutants under the Clean Water Act" and amendments, or w~th any other test procedures approved by EPA Authorized representative of the users means (1) Ifth~\user xs a eorporatxon (a) The president, secretary, treasurer, or a wce-presxdent of the corporation m charge of a pnne~pal busxness function, or any other person who performs s~rmlar pohcy or deexsmn-makang funetaons for the corporation, or (b) The manager of one or more manufactunng production, or operation facfl~txes emplo3nng more than two hundred fifty (250) persons or having gross annual sales or expendxtures exceeding twenty-five mflhun dollars ($25,000,000 00) (m second-quarter 1980 dollars), ff authority to s~gn documents has been assigned or delegated to the manager m accordance w~th corporate procedures (2) If the user ~s a partnership or sole propnetorstup a general partner or proprietor, respeettvely (3) If the user ~s a federal, state or local governmental facility a dtreetor or htghest official appointed or designated to oversee the operation and performance of the actawt~es of the government fae~hty, or their das~gnee (4) The ;nd~wduals described ~n paragraphs (1) through (3), above, may des;gnate another anthonzed representative ff the authonzat~on ~s m writing, the authorization specifies the md~wdual or posmon responsible for the overall operat~un of the facility from wtuch the chscharge originates or hawng overall respons~bdlty for environmental matters for the company, and the written authorization ~s submitted to the Czty of Denton BOD means the quant;ty of oxygen utilized ~n the bxochem~cal oxxdatxon of orgamc matter under standard laboratory procedure ~n five (5) days at twenty (20) degrees Celsius, expressed m mflhgrams per hter Building means any structure used or intended for supportmg or sheltenng any use or occupancy Bmldmg dram means that part of the piping of a bmld~ng drmnage system which receives the d~scharge of all stol, waste and other drmnage from ms,de the structure and conveys the drainage to the building servme line outside the foundation wall of such bmldmg Categortcal pretreatment standard means any regulation contatmng pollutant (hscharge hmlts apphcable to a specffic category of users as promulgated by the EPA in accordance w~th sectmn 307(b) and (c) of the Act (33 U S C § 1317) (40 CFR. Chapter I, Subchapter N, Parts 405--471) Chlortne demand means the d~fference between the amount of chlonne added to water, wastewater or mdustnal wastes and the amount of residual chlonne remmmng at the end of a twenty-nunute contact penod COD, denottng chemical oxygen demand, means the measure of the oxygen eqmvaient of that portaon of the orgame matter ~n a sample that is susceptible to oxidation by a strong chemmal oxidant Commttte~ ~eans the environmental appeals committee Composite §ample means sample that ~s collected over t~me, formed e~ther by continuous sampling or by m~xmg d~screte samples The sample may be compos~ted e~ther as a t~me composite sample composed of d~screte sample ai~quots collected in one contmner at constant ttme ~ntervais prowchng representative samples ~rrespect~ve of stream flow, or as a flow proportmnai composite sample collected e~ther as a constant sample volume at t~me Intervals proportional to stream flow, or collected by increasing the volume of each ahquot as the flow ~ncreases wlule maantmmng a constant t~me Interval between the ahquots Control authortty means the C~ty of Denton acting by and through its assistant mty manager - uttht~as Control manhole means an opening g~vmg access to a service hne at some pmnt before the servme hne d~scharges to the wastewater system Cooling water means the water d~scharged from any system of condensation such as mr condl~omng, cooling or refiugeratlon Dally maxtmum hm~t means the maxunum allowable discharge of pollutant dunng a calendar day The dmly dmcharge ~s the anthmetm average measurement of the pollutant concentratmn derived from all measurements taken that day Direct &scharge means the conveyance of wastewater from a service hne umnterrupted to a c~ty pubhc sewer Domesttc user means a source of the introduction of pollutants into a POTW from any source not regulated under Section 307(b), (c), or (d) of the Act Dry closet means an indoor room or an outdoor privy used as a toilet, but lacking water for conveyance of waste EPA means the Umted States Environmental Protection Agency or 1ts successor agencies Assistant ctty manager - uttht~es means the chief executive officer of the utilities department of the city or his anthonzed deputy, agent or representative Flow rate means the quantity of wastewater that flows past a particular point in a certmn period of time Grab sample means a sample whtoh is taken f~om a wastestream without regard to the flow m the wastestream and over a period of time not to exceed fifteen (15) minutes Indtrect &scharge means the conveyance of wastewater to a public sewer by any means other than chrect discharge Industrtal/commerclal user means any non-domestic source discharging pollutants to the City of Denton POTW which is not a slgmfieant lndusmal user Indu~trtal/commerctal wastewater &scharge permtt, referred to in this article as "mdustnaLVeommerclal chscharge permit," means a permit required of a significant industrial tlser to deposit or discharge waste into any wastewater system under junsdlotmn of the mty Indu~tnal/commercml wastewater surcharge means a charge, as set forth m flus Code, levied on mdustnal/commermal users of the sewage treatment works for the additional costs of treating wastewater thscharges of abnormal strength wastewater Interfere means mhlbmon or d~smptlon of the wastewater system which conmbutes to a violation of any requrrement of flus article Interference means a discharge, which alone or m conjunction w~th a discharge or discharges f~om other sources, lntublts or disrupts the POTW, its treatment processes or operalaons or 1ts sludge processes, use or disposal, and therefore, is a cause of a violation of the City of Denton's NPDES permit or of the prevention of sewage sludge use or disposal m comphance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stnngent state or local regulations Section 405 of the Act, the Solid Waste Disposal Act, mcludmg T~tle II commonly referred to as the Resource Conservation and Recovery Act (RCRA), any state regulations contmned in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act, the Clean gar Act, the Toxic Substances Control Act, and the Manne Protection, Research, and Sanctuaries Act May means that the possibility or lflcehhood of response exists, chscretlonary action mg/l means mflhgrams per liter Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or groundwater New source means (1) Any building, structure, facthty, or installation from which there is (or may be) a discharge of pollutants, the construction of which corranenced after the pubhcatlon of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated m accordance with that section, provided that (a) Thc building, structure, facthty, or installation is constructed on a site at which no other source if [is] located, or (b) The bmldmg, structure, facility, or installation totally replaces the process or produotlon equipment that causes the discharge of pollutants at an existing source, or (c) The production or wastewater generating processes of the building, structure, facility, or mstallatiun arc substantially independent of an existing source at thc same site In determining whether these are substantially mdepcndent, factors such as the extent to which the new faclhty is integrated with the existing plant, and the extent to which the new facility is engaged m the same general type of actiwty as the existing source, should be considered (2) Const~ruetion on a site at which an existing source is located results ~n a modification rather than a new source if the construction does not create a new bmldmg, structure, facility, or installation meeting the criteria of section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production eqmpment (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has (a) Begun, or caused to beg~n, as part of a continuous onslte construction program 0) Any placement, assembly, or Installation of faethties or equipment, or (la) Slgmfieant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facfl~tms which ~s necessary for the placement, assembly, or installation of new source facflitles or equipment, or (b) Entered rote a binding contractual obhgataon for the purchase of faeillUes or equipment which are intended to be used m ~ts operation within a reasonable time Options to purchase or contracts which can be terminated or modified w~thout substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph Normal strength wastewater means wastewater which, when analyzed by the city, shows by weight a dmly average of not more than two thousand e~ghty-five (2,085) pounds per million gallons (two hundred fifty (250) mflhgrams per liter) of suspended solids and two thousand eighty-five (2,085) pounds per milhon gallons (two hundred fifty (250) mllhgrams per liter) of BOD and two thousand eighty-five (2,085) pounds per mflhon gallons (two hundred fifty (250) mflhgrams per liter) of COD and not more than seventy- 2o five and one-tenth (75 I) pounds per million gallons (mne (9) malhgrams per liter) of chlonne demand and forty-one and seven-tenths (41 7) pounds per million gallons (five (5) mflhgrams per liter) of phosphorus and which ~s otherwise acceptable into a public sewer under the terms of this article NPDE$ permit means the National Pollution Discharge Elimination System (NPDES) perrmt as issued pursuant to section 402 of the Act (33 U S C 1342) Objectionable waste means any wastewater that can harm either the sewers, wastewater treatment process or equipment, have an adverse effect on the receiving stream or otherwise endanger hfe, health or property or constitute a nmsanee Pass through means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges fi.om other sources, is a cause of a violation of any requirement of the City of Denton's NPDES permit, including an increase in the magmtude or duration of a violation Person means any individual, partnership, co-partnership, finn, company, corporatxon, association, joint stock company, trust, estate, governmental entity or any other legal entity, or ~helr legal representatives, agents or assigns The masculine gender shall include the' fenunme and the singular shall include the plural except as otherwise indicated by the context pH means the degree of acidity or alkalmlty of a solution, expressed as the logarithm of the reciprocal of the hydrogen ion concentration in gram equivalents per liter of solution Poznt of dzscharge means any dlscermble, confined and discrete conveyance or vessel from which wastewater may be discharged into a public waterway or public wastewater system Polluted water means any water, hqmd or gaseous waste conta~mng any of the following soluble or msohible substances of an orgamc or inorganic nature, settleable solids that may form sludge deposits, grease and oils, floating solids which may cause unsightly appearance, color, phenols and other substances to an extent which would impart any taste or odor to the recelvmg stream, and toxic or poisonous substances in suspension, collmflal state, solution or gases POTW (publzcly owned treatment work~) means a treatment works as defined by Section 212 of the Act through which the City of Denton wastewater is collected, stored, treated, recycled or reclaimed This defimtion includes all samtary sewers that convey wastewater to the contracted POTW treatment plants For the purposes of this chapter, *'POTW' shall also include any sewers that convey wastewater to the POTW from persons outside the city who are, by contract or agreement with the city, and users of the city's wastewater collection system The term also means the mumclpahty as defmed in Section 502(4) of the Act which has jurisdiction over the mdlrect discharges to and the discharges from such a treatment works Pretreatment means the reduction of ,the mount of pollutants, the ehmmatlon of pollutants, or the alteration of the nature of pollutant properties m wastewater prior to, or m lieu, of, introducing such pollutants into the POTW Tlus reduction or alteration can be obtatned by phystcal, chemical, or biological processes, by process changes, or by other means, except by dflntang the concentration of the pollutants unless allowed by an applicable pretreatment standard National Pretreatment Standard or pretreatment standard or standard Any regulation contalmng pollutant chscharge lin'uts promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, winch applies to users Tins term includes (a) Discharge prolubltlons and local hmlts established pursuant to 40 CFR 403 5, and (b) Categoncal Pretreatment Standards established pursuant to 40 CFR 403 6 Prtvy means an outhouse or Sunllar type small building used as a toilet where wastes are either buried on site or collected and disposed of elsewhere Pubhc nmsance means all sewage, human excreta, wastewater, or other organic wastes deposited, stored, d~scharged or exposed m such a way as to be a potential lns~J~nent or medium lr~ ~e trananusslon of disease to or between any person or persons Samtary sewer means a sewer intended to receive domestic wastewater and admissible mdustnal/commemlal wastewater, but to which stormwater, surface water and groundwaters are not intentionally admitted Septic tank means any covered watertight tank not connected to the wastewater system and winch is designed for the treatment ofwastewater Septtc systems (on-site sewerage fac~ht~es) means a sewage treatment system whtch anaerobically treats sewage through the use of septic tanks, subsurface dralnfield, and methods used for the disposal of wastewater other than the disposal systems operated under a pernnt ~ssued by the Texas Water Commission Serv~e hne means that part of the horizontal piping of the building drainage system beginning at the outside foundation wall and terminating at 1ts connection w~th the wastewater system Sewage means water winch contains, or which has been in contact with organic and lnorgamc contaminants such as human or ammal wastes, vegetable matter, cooling fats and greases, laundry and chshwaslung detergents, and other chemical compounds and waste products Sewer means a p~pe or conduit for carrylng wastewater Sewer system means all faclhtles winch are owned by the mty for collecting, carrying, treating and disposing ofwastewater Shall means the obhgataon or necessity to respond, mandatory action 22 &gmficant tndustnal user means (a) All users subject to categorical pret~eatment standards under 40 CFR 403 6 and 40 CFR Chapter I, Subchapter N, (b) Any user that (1) Dxschargas an average of twenty-five thousand (25,000) gallons or more of regulated process wastewater into the POTW dunng a twenty-four-hour period, or (2) Has a reasonable potentml, m the opxmon of the asmstant city manager - utflxt~es, to (a) adversely affect POTW operat~uns (including but not hm~ted to interference, pass through, sludge enntammat~on or endangermem of POTW workers), or (b) v~olate any pretreatment standard or reqturement Szgntficant noncomphance means (1) Chrome wolat~ons of wastewater discharge hm~ts, defined here as those m wbaeh s~xty-sxx (66%) percent or more of all of the measurements taken dunng a six-month period exceed (by any magmtude) the daffy maximum hmlt or the average lumt for the same pollutant parameter, (2) Tecb. meal review criteria (TRC) violations, defined here as those m wbaeh thirty- three (33%) percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum hm~t or the average hmxt multxphed by the apphcable TRC, (3) Any other wolat~un of a pretreatment effluent hm~t (datly maximum or longer-term average) that the C~ty of Denton determines has caused, alone or m combination wgh other ldlseharges, interference or pass, through (meluthng endangenng the health of POTW personnel or the general pubhc), (4) Any d~scharge of a pollutant that has caused xmmment endangerment to human health, welfare or to the enwronment or has resulted m the POTW's exerexse of ~ts emergency authority under prowmons of the C~ty of Denton Code of Ordinance to halt or prevent such a discharge, (5) ,Fmlure to meet, w~thm ninety (90) days after the scheduled date, a compliance schedule milestone comamed m a lo6al control mechamsm or enforcement order to starting construction, completing construction, or attmmng final comphance, (6) Fmlure to prowde, w~ttun tlurty (30) days after the due date, reqmred reports such as baseline momtormg reports, mnety-day comphance reports, penodxc self-momtonng reports, and reports on comphance w~th eomphance schedules, (7) Fatlure to accurately report noneomphance, (8) Any other wolat~on or group oflwolatxons wtuch the City of Denton determxnes will adversely affect the operatxon or unplementat~on of the local pretreatment program Slug means any chscharge of wastewater concentration of any given constituent or in quantity of flow for any period longer than fifteen (15) minutes, more than five (5) times the average twenty-four-hour concentration or flow of normal operations of the user in question Slug load means any pollutant discharge at a flow rate or concentration winch could cause a violation of the specific prohibitions under section 26-187 or 40 CFR 403 5(b) to 403 12(0 Standard tndustrtal classtficaaon (SIC) means a classlftcatlon pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Managcnnent and Budget, 1972, or latest ethtson Standard methods means the latest edition of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Control Federation Storm drain or storm sewer means a public drainage pipe which carries stormwater and surface waters and drmnage, but is not intended to carry wastewater other than unpolluted cooling wa~,er Stormwater means rmnfall or any other form of excess water winch is derived from prempltat~on Suspended sohds means solids that either float on the surface of or are m suspension in water, wastewater or other liquids and winch are removable by acceptable laboratory procedures as set forth in standard methods Total &ssolved sohds means the material left in the vessel after evaporation of a sample and its subsequent drymg in an oven at a defined temperature Toxic substance means any substance, whether gaseous, liquid or solid, which, when discharged to the samtary sewer m sufficient concentrations, as determined by the executive asmstant city manager - utlht~es, may be hazardous to sewer maintenance and personnel, tend to interfere with any wastewater treatment process or to constitute a hazard to human bemgs or ammals or to inhibit aquatic life or to create a hazard to recreation in the recelwng waters of the effluent from a wastewater treatment plant Transport truck discharge (TTD) permit shall mean a penmt to deposit or discharge septic tank, cesspool or seepage pit wastes into the wastewater system Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes or other harmful substances from wastewater before entering the wastewater system User charge means a charge levied on users of the wastewater system for the capital cost, as well as the operation and maintenance of such works, as set forth in tins Code 24 Waste means rejected, unutahzed or superfluous substances ~n hquld, gaseous or sohd form resulting from domestic, agricultural or industrial activities Wastewater means the water-earned wastes which are discharged into the wastewater system Water closet means a compartment or room eqmpped w~th a toilet that is properly connected to the sanitary sewer and has the means for mechanmal dxscharge Cross reference(s)--Defimtmns and roles of construction generally, § 1-2 Sec. 26-154. Admimstrat~on Except as otherwise provided, the assistant city manager - utilities shall admlmster the provisions of tins amcle Sec 26-15~. Procedures for abatement of violations (a) Nottce and order Whenever the assistant mty manager - utilities has determined that any person has violated any provision of flus article or that such wolatlon is continuing, reoecumng or may reoccur, he may, m addition to any other remedy provided for m tlus article, issue a notme and order directing that such violation be corrected or such other order as is necessary to prevent the wolatmn from continuing or reoccumng Such notice and order shall state (1) The nature of the wolatmn and the provisions of fins artmle wluch have been violated, (2) The corrective action that must be taken to correct or abate the violation, (3) The mount of time w~ttun wtuch the wolatmn must be corrected, (4) A statement that the person to whom the not,ce and order are issued may appeal from the notice and order to the environmental appeals committee by filing m writing with the assistant e~ty manager - utfllt~as an appeal and filing fee w~thm ten (10) days of the service of the notme and order, and (5) A statement that farlure to comply with the not~ce and order and fallttre to file a t~mely appeal may result m termmatinn of wastewater service (b) Servtce of notice and order Any notme and order ~ssued under tins article shall be m writing and served m person or by registered or certified marl on the record user or users of the wastewater system or other persons determined to be responsible for such violation 25 (c) .'~ppeals Any person may appeal the notice and order of the assastant caty manager - utahtaea by fihng a written notate of appeal with the assistant caty manager - utahtaes on forms provaded by the director and by paying a fihng fee estabhshed by the c~ty council and on file m the office of the caty secretary Such not~ce of appeal shall be filed and fihng fee pa~d Wlflun ten (10) days of servace of the order (d) Termination of service If no tamely appeal and filing fee are filed, the assastant caty manager - utthtles may, af a vaolatlon is contanumg or reoceumng or may reoccur, terminate wastewater servtce to the person ordered to correct or abate such wolataon if such vaolat~on has not been corrected or abated w~th~n the tame specified m such order (e) Emergency suspension of service (1) Suspenston The assistant e~ty manager - utahtaes may, w~thout prior notice, suspend water service, samtary sewer service and/or storm sewer access to a user or to a person (hseharg~ng to the storm sewer when such suspensaon as necessary ~n the opmaon of the assistant c~ty manager - uttht~es to stop an actual or threatened discharge which 0) Presents or may present ~mm~nent substantml danger to the enwronment or to the health or welfare of persons, (u) Presents or may present ~mm~nent substantaal danger to the POTW, storm sewer or waters of the state, or (m) Will cause pass through or interference of the POTW (2) Nottce ofsuspenston As soon as as practacable after the suspension of service, the assistant e~ty manager - utflltaes shall notary the user or the person dlsehargmg to the storm sewer of the suspension, and order such person to cease the discharge ammediately (3) Other steps If a person fails to comply w~th an order ~ssued under subsectaon (2), the assistant e~ty manager - utaht~es shall take such steps as ~t deems necessary to prevent or m~mm~ze damage to the storm sewer, POTW or waters of the state, or to mlmm~ze danger to persons Such steps may include immediate severance of a person% sanatary sewer connectaon (4) !~etnstatmg service The assistant e~ty manager - utaht~es shall reinstate suspended servaces to the user or to the person d~sehargmg to the storm sewer 0) Upon proof by such person that the non-complying discharge has been ehmmated, (u) Upon payment by such person of 1ts outstanding water, sewer and stormwater utah~y charges, (ux) Upon payment by such person of all costs aneurred by the caty in responding to the discharge or threat~ed d~seharge, and Ov) Upon payment by such person of all costs recurred by the c~ty ~n reeonneetang service (5) Written statement Within five (5) days of the day of suspension of services, the user or the person discharging to the storm sewer shall submit to the assistant city manager - utilities a detmled written statement descninng the cause of the discharge and the measures taken to prevent any future occurrence (6) Rtght to hearmg A person whose service has been suspended under this section may apply to the department winch suspended service for a heanng on the issue of the suspensxon The heanng shall be conducted ~n accordance wxth subsection (f) of ttus sectlor~ (f) Heanng and determination (1) An environmental appeals committee is hereby established and authorized to hear and decide appeals from any order issued by the assistant cxty manager - utlhtles pursuant to tins article The committee shall be composed of three (3) m~nbers appointed by the city manager No individual appointed to the conumttee shall be employed m the ch~un of command of the assistant mty manager - utilities (2) The committee may call and hold heanngs, administer oaths, receive evidence at the heanng, and make findings of fact and dems~ons with respect to adrmmstenng 1ts powers in tl~s chapter (3) Upon the heanng, the committee shall determine if there is substantial evidence to support the assistant city manager - utlht~es' determination and order The declmon of the committee shall be in writing and contmn findings of fact If the committee determines that there is substantial ewdence to support the determination and order of the assistant city manager - utlhtles, the committee shall, ~n addition to its decision, Issue an order a Reqmnng discontinuance of such violation or cond~tlon, b Requmng comphance with any reqmrement to correct or prevent any condition or Vlolatlon, or c Suspending or revokang any perrmt issued under tins amcle (4) In any decision and order issued by the conumttee, the order shall spemfy the time m whleh the compliance w~th the order must be taken A copy of the decision and order shall be dehvered to the appellant or person to whom the order ~s directed m person or sent to Into by registered or certified mall (5) Should the appellant fml to comply with the order of the committee w~thm the time specified therein, ~f any, the assistant Clty manager - utilities, in addition to any other remedy provided for in tlus article, may terminate sewer service to the appellant Sec 26-157. Determining the character and concentration ofwastewater. 27 (a) The wastewater discharged or deposited into the wastewater system shall be subject to periodic inspection and sampling as often as may be deemed necessary by the assistant city manager - utahties Sampling shall be conducted aecordmg to customanly accepted method, reflecting the effect of constituents upon the wastewater system and deterrmmng the existence of hazards to health, life, limb and property (1) Except as indicated in section 26-157(a) subsection (2) below, the user must collect wastewater samples usmg flow proporUonal composite collection techmques In the event flow proportional sampling is infeasible, the assistant city manager - utilities may authorize the use of time proportional sampling or a minimum of four (4) grab samples where ,the user demonstrates that this will provide a representative sample of the effluent being discharged In addition, grab samples may be required to show compliance with instantaneous discharge hmlts (2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained usmg grab collection techniques (b) The examination and analyses of the charactenstlcs of waters and wastes required by tins article shall be (1) Conqtpeted in accordance with Section 304(h) of the Clean Water Act, 40 CFR, Part 136 and amendments thereto, or any techniques approved by EPA, and (2) Determined from statable samples taken at the control manhole provided or other control points authorized by the city (c) The detemunatlon of the character and concentration of wastewater shall be made by the, assistant c~ty manager - utlhties at such tmaes and on such schedules as may be estabh~hefl by the assistant city manager - utthties (d) Any person determined to be thschargmg wastewater m violation of this article shall qompensate the city for the cost of samplmg and momtonng the discharges until such time as the discharged wastewater is in comphanee with this article The assistant city manager - utilltles shall determine the number of samples and the frequency of samphng necessary to mamtmn surveillance of the diacharges See. 26-158. Approval of plans, issuance of permits and eertlficataon of final inspection. (a) Wastewater system work permit required It shall be unlawful for any user of the wastewater system to construct, reconstruct, modify, enlarge or alter any equipment, dewee, machinery, apparatus or facility or system or component thereof which is used or is lntanded to be used to treat, process, measure or convey any wastewater which is or will l~e discharged into the wastewater system without first obtalmng a wastewater systen~ work permit from the assistant city manager - utilities (b) Requirements for permit A wastewater system work permit shall be issued when all plans, drawings and specifications are submitted m such detail as the assistant city manager - ut~ht~es may require and the assistant mty manager - utd~tles has determined that the work to be done will result m adequate treatment, processing, measunng and conveyance of the wastewater discharged into the wastewater system m accordance with the prows~ons of this artmle (c) Certtficate of final tnspectton upon completion (1) Upon completton of the work to be done under the wastewater system work permit, the assistant city manager - utlhtles shall ~nspect the work and, if done in accordance with the pernut, the executive assistant city manager - utlht~es shall issue a certificate of final inspection to the permit holder (2) If the completed work does not comply w~th the plans and specfficatmns submitted for wluch the permit was issued, the assistant mty manager - utilities shall reqmre such correction as necessary before a certificate of inspection is issued (3) No person receiving a wastewater system work permit shall utlhze or make use of any eqmpment, device, machinery, apparatus or famhty covered by the permit until a certificate of final inspection ~s ~ssued in accordance with this artmle (d) Rtgh~ to respect No person shall refuse the assistant city manager - utd~t~es the right to ms~eet any work done or reqmred to be done under thru artmle Sec. 26-160 Access to industrial user records (a) The asmstant city manager - utfl~Ues shall have access to, and the right to inspect and copy, any and all mdustnal user records (documents, memorandums, reports, correspondence, and any and all summaries thereof) which pertmn to that mdustry's discharge to the POTW, d~sposal and/or generation of hazardous waste and discharges ~nto the enwronment (b) The industrial user shall be required to retmn records of all ~nformat~on resulting from any momtormg, sampling analyses, or reporting act~wty reqmred by these regulations for a mimmum of five (5) years Th~s period of retention shall be extended during the course of any unresolved htlgat~on regarchng the industrial user or POTW or when requested by the assistant city manager - ut~htles (c) The constituents and characteristics of wastewater d~scharged by an industrial user shall not be considered confidentml and shall be avmlable to the public w~thout restriction Other mformatton obtained from documents, memorandum, reports, correspondence, questlonnatres, permit apphcattons, permits, momtormg programs and inspections shall be available to the pubhc without restriction unless the user specifically requests, ~n writing, at the time the mformaUon is to be obtained by the assistant city manager - utilities, that the Information ~s to be consxdered confidential InformaUon subnutted to the assistant city manager - utlhtles by the industrial user shall be stamped "Confidential 29 Informataon" on each page contaimng such reformation that the industrial user w~shes to be held confidential If a clama of confidentlahty ~s asserted, and a records request is receaved from the public, the assastant city manager - utilities m consultation w~th the city attorney shall detenmne af such reformation is protected by law from disclosure under either the Texas Open Records Act or 40 CFR Part 2 (Pubhc Infonnataon) If the industrial user does not claim the reformation as confidential at the t~me the reformation as obtained by the assistant caty manager - utihties, at will be available to the public without further notice (d) All non-domestic users shall furmsh, upon request, to the city, reformation needed to develop a systematac program accordang to the pretreatment standards or reqmrements The reformation must be available to the assastant c~ty manager - utihtaes for inspection and reproduction Sec. 26-161 ltaght of entry Whenever necessary to make an inspection to enfome any of the prowslons of this chapter, or whenever the assastant city manager - utlhtles has reasonable cause to beheve that there ~lsts ~n any vehicle, m any building or upon any premises any condition or wolatlon of flus chapter, the assistant caty manager - utilities may enter such vetucle, bmldmg or premises at all reasonable times to inspect the same or to perform any duty imposed by th~s chapter If such vehmle, building or premises are occupied, he shall first present proper credentials and request entry If such vehicle, bmldmg or premises ~s unoccupied, he shall first make a reasonable effort to locate the owner or other person hawng charge or control of the vehicle, bmld~ng or premises and request entry If such entry ~s refused, or if no owner or other person hawng charge or control of the vetucle, building or prenuses can be located, the assistant mty manager - utlhties shall have recourse to every remedy provided by law to secure entry DIVISION 2 SANITARY FACILITIES REQUIRED Sec 26-171 Connections required. (a) Any owner or occupant of every building where such building is w~ttun one hundred (100) feet of any mty samtary sewer and is utilized as a dwelling or resadentlal umt shall construct or cause to be constructed a statable water closet upon such property and shall connect or cause the water closet to be connected with the sanitary sewer in accordance wah all ordinances of the city regulating such construction and shall, wlttun tlurty (30) days after written notice to do so from the assastant city manager - utilities, abate and cease to use any septic system, dry closet or privy upon such premises 30 (b) Any owner or occupant of every building where such bmlrhng is within three hundred (300) feet of any caty samtary sewer and IS utilized as a business or commercial establishment dlschargmg wastewater exceeding the hmlts established by tins article shall construct or cause to be constructed a suitable water closet upon such property and shall connect or cause the water closet to be connected with the sanxtary sewer m accordance with all ordinances of the c~ty regulatmg such construction and shall, w~tinn tlurty (30) days after written notice to do so from the assistant city manager - utthtles, abate and cease to use any septic system, dry closet or privy upon such premises (c) The owner or occupant of any such property shall keep and maintain such water closet and all connections m good conchtlon and free from any obstructions Sec 26-177. Abatement of nuisances The assistant clty manager - utthttes shall pursue abatement of all public nuisances (section 26-153) winch occur wltinn the c~ty limits of Denton t",~ DIVISION 3. USE OF PUBLIC SEWERS Sec. 26-186 Discharge prohibitions. (a) It shall be unlawful for any person to (hscharge or cause to be d~scharged into the POTW or ~nto a natural outlet materials, waters or wastewater, ff such substances may cause pass through or interference or have an adverse effect on the environment or may otherv~se endanger hfe, health or property or constitute a pubhc nmsance, mcludmg oxygen-demanahng pollutants (BOD, etc ) In determ~mng the acceptability o f substances for discharge into the wastewater system, the assistant city manager - uttht~es shall give consideration to such factors as the quantities of subject substances in relation to flows and velocities m the wastewater system, materials of wlueh the wastewater system as constructed, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of the substances m the wastewater treatment plant and such other factors winch may be pertment to such evaluation (b) No person shall daseharge into pubhe sewers (1) Any hqulds, solids or gases, including but not limited to gasolme, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketunes, aldehydes, peroxides, chlorates, perehlorates, bromates, earbades, hydrides, sulfides or any other substances winch are a fire or other hazard to the system, winch by reason of thear nature or quantity are or may be sufficient either alone or by anteraetton with other substances to cause fires, explosions or be mjunous m any other way to the facilities or operation of the wastewater system including wastestreams with a closed-cup flash poant of less than one hundred forty (140) degrees Fahrenheit [sixty (60) degrees Celsius] using the test methods specified m 40 CFR 261 21 (2) Any substance which causes two (2) successive readmgs on an explosion hazard meter to be more than five (5) percent or any single reading over ten (10) percent of the lower ~xploslve lanlt (LEL) of the meter as measured at the point where the wastewater is discharged mto the wastewater system (3) Any wastewater having a pH less than five (5), greater than twelve point five (12 5) or any wastewater hawng any other corrosive property capable of causing damage or hazard to the wastewater system or any person (4) Any wastewater contatmng toxic substances an sufficient quantity that may, either s~ngly ,or by interaction w~th other substances, injure or cause ~nterference w~th any wastewater treatment process, constitute a hazard to humans or ammals, create a toxic effect m the effluent waters of the wastewater system or exceed the limitation set forth in the categorical pretreatment standards A tome substance shall mclude but not be limited to any substance ldenttfied pursuant to Section 307(a) of the Act (5) Any substance chscharged into the wastewater system, such as residues, sludges or scums, winch causes mterferenee with the reclamation process or any substance which causes the wastewater system to be in noncompliance with sludge use or disposal gu~dehnes or regulations developed under Section 405 of the Act or any guadehnes or regulatlon~\affectmg sludge use or disposal promulgated pursuant to the Solid Waste Disposal Act, the Clean Air Act and the Toxic Substances Control Act, as amended by the U S Congress (6) Any hqmd or vapor havmg a temperature higher than one hundred fifty (150) degrees Fahrenheit (s~xty-five (65) degrees Celsius) If, m the oplmon of the assistant city manager - utilities, lower temperatures of such wastewater could harm either the wastewater system, wastewater treatment process, equipment or have an adverse effect on the lrecelvmg stream or could otherwise endanger h f e, health or property or constitute a public nuisance, then the assistant city manager - utilities may prohihit such d~scharges In no ease wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four (104) degrees Fahrenheit forty (40) degrees CelslllS (7) Any wastewater cuntmmng fats, wax, grease or oils, whether emulsified or not, in excess, of two hundred (200) mg/1 or eontmmng substances which may solidify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit [zero (0) degrees Celsius] and one hundred fifly (150) degrees Fahrenheit [sixty-five (65) degrees Celsius] and which might cause obstruction of flow m the POTW resulting m interference (8) The assistant clty manager - utlhtaes may reject any waste which does not meet the requirements of this ordinance The assistant c~ty manager - utd~t~es may require any information from an industrial user necessary to determme the characteristics of the user's wasteWater discharge prior to the commencement of such discharge to the POTW The assistant city manager - utahtaes may deny or condlt~on new, ~ncreased or changed contributions (9) Petroleum oil, nonhiodegradable cutting off, or products of mineral off ongm, in amounts that will cause interference or pass through 32 (I0) Tracked or hauled pollutants, except at discharge points demgnated by the assistant city manager - utfl~hes Sec. 26-187 Specific pollutant Hmltations It shall be unlawful for any person to discharge into the wastewater system, unless such discharge is allowed under the provm~ons of section 26-208, any of the following (1) Any wastewater contanmng hazardous metals to such degree that any such material received at the point of dmeharge into the wastewater system exceeds the hm~ts established below Daffy Maxlmmn Pollutants Discharge L~mlts (mg/1) Composite Values Arsemq, t, 0 35 Cadmaum 0 10 Chronuum 1 75 Copper 1 35 Cyamde 0 93 Lead 1 08 Mercury 0 0087 Nickel 1 10 Silver 0 17 Zinc 1 96 All concentrations for pollutants are for "total" values unless otherwme mdmated (2) Other metals not listed in subsection (1) of fins section wlnch will, m the oplmon of the asmstant mty manager - ut~htles, damage the wastewater system or interfere w~th the treatment process, (3) Toxic orgamcs found m quantifiable concentration greater than 0 01 mg/1 (10 ppb) shall not total more than 2 13 mg/1 for any discharge Any orgamc compound considered 33 toxic by the assistant clty manager - utahtaes and reasonably expected to be found an the industrial user's dmcharge may be included in the calculations of total toxic orgamcs if detected m any mdustry's thscharge m quantifiable concentrataon greater than 0 01 rog/l, (4) Any radsoactave wastes or isotopes into the pubhc wastewater system without penmsmon of the city, (5) Quantities of flow, concentrations or both whmh constitute a slug, (6) Materials or substances whmh cause a Coneentrataons of suspended solids or BOD an excess of two hundred fifty (250) mg/l, b Concentrations of phosphorous exceeding five (5) rog/l, c Discolorations, such as but not hm~ted to dye waters and vegetable tanmng solutaon (7) Nataonal categorical pretreatment standards The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Part 433, Metal Flmslung Category, are hereby incorporated Sec. 26-188. Discharge of waters not containing wastewater (a) It shall be unlawful for any person to d~seharge unpolluted waters into the wastewater system Except w~th the approval of the assistant city manager - utllmes or as otherwise promded m tins amcle, no stormwater connection from any bmldmg or yard nor any drmn from any catchbasln, lake, swamp, or pond nor any outlet for surface water, stormwater or groundwater of any kind shall be connected to the wastewater system (b) Within any area served by a separate samtary sewer and a storm sewer, no stormwater shall be allowed to enter the sanitary sewer from waste or vent ptpas of any building W~thm any such area no downspout, roof leaders, gutters, other pipes or drams such as channels wtuch may at any tame carry stormwater, surface drainage derived from hydrauhc pressure or from well points or lake water shall be connected w~th any sanitary sewer Sec. 26-189. D~scharge to a natural outlet. It shall be unlawful for any person to discharge polluted water to any storm sewer or natural outlet wlttun the area served by the mty, except where statable treatment has been prowded m accordance w~th the prows~ons of flus artacle and except where a Federal National Pollutant Discharge Elimination Systems (NPDES) permit has been duly issued 34 and is currently vahd for such chscharge A valid copy of such a permit and any mothficattons thereof must be filed with the assistant city manager - utilities See 26-190. Wastewater discharges reqmrmg traps All persons chscharglng oil, grease, and flammable wastes or other harmful substances in mounts that, an the op~mon of the assistant city manager - utilities, will impede or stop the flow m the wastewater system shall install a trap before the point of discharge into the wastewater system Any person responsible for chscharges requmng a trap shall, at his own expense and as required by the cxty (1) Provide equipment and faetht~es of a type and capacity approved by the city, (2) Locate the trap in a manner that provides ready and easy accessththty for cleamng and inspection, and (3) Maintain the trap an effective operating condition See. 26-191. Wastewater d~seharge from transport trucks. (a) Permit requtred All persons owrang or operating a vacuum truck, cesspool pump truck, hqmd wastewater transport truck or other vehicle shall not discharge or unload any septic tank, seepage pit, interceptor or cesspool contents from such vehicle w~thout first having received a valid transport truck discharge (TTD) permit (b) Permit fee TTD permits shall be issued by the assistant city manager - utilities upon proper apphcataon and payment of a fee established by the city council and on file in the office of the city secretary All TTD permits shall be valid for one (1) year (e) Unloa&ng or dtscharge of waste or wastewater It shall be unlawful for any person holding a TTD permit to unload or discharge any waste or wastewater except m a manner and at a place as specified by the assistant city manager - utilities Before discharging under a TTD perrmt, the assistant city manager - utilities may require the person holchng such permit to furmsh a sample of the contents of the material to be discharged as a prerequisite to chschargmg into the wastewater system The assistant city manager - uttht~es may refuse permission to discharge abnormal strength wastewater into the wastewater system (d) Rates for discharge Any person discharging or unloading normal strength wastewater under a TTD penmt into the wastewater system shall be charged at the regular commercial sewer rates Any person discharging abnormal strength wastewater under a TTD permit into the wastewater system shall be charged an industrial/commercial surcharge rate 35 DIVISION 4 INDUSTRIAL OR COMMERCIAL WASTEWATER DISCHARGE Sec 26-201. Perm~t--Reqmred. (a) It shall be unlawful for any s~gmficant mdustnal user to connect to the wastewater system or to discharge wastewater to the wastewater system without first obtaining an ~ndustnal/commermal wastewater d~scharge permit from the assmtant mty manager - utthtles (b) All s~gmficant industrial users dlschargmg wastewater darectly or indirectly ~nto the wastewater system prior to the effective date of the ordinance from which th~s amcle ~s derived may continue that d~scharge one hundred eighty (180) days after such effective date Prior to the expiration of the one-hundred-e~ghty-day period, the significant mdustnal user shall apply for an mdustnal/commerclal wastewater d~scharge penmt from the assistant city manager - utthtaes Cross reference(s)--Lmenses, pernuts and business regulations generally, Ch 16 Sec 26-202. Same--Procedure for obtaining (a) Apphcatton S~gmficant industrial users required to obtmn an ~ndustnal/commermal wastewater discharge permit shall complete and file w~th the city an apphcatlon m the form prescribed by the city and accompamed by a fee established by the city council and on file m the office of the c~ty secretary New slgmficant mdustnal users shall apply at least mnety (90) days prior to connecting to or contributing to the wastewater system for an industrial/commercial wastewater discharge perrmt In support of the application, the slgmficant industrial user shall submit the following mformatlon (1) All mformataon reqmred by (f)(1) of this section (2) Name, address, and location, if different from the address, (3) SIC number according to the Standard Industrial Classfficatlon Manual, Bureau of the Budget, 1972, as amended, (4) Wastewater constituents and charactenstms, including but not limited to those mentioned m ttus artmle as determined by a rehable analytical laboratory, sampling and analysis shall be performed in accordance w~th procedures estabhshed by the EPA pursuant to the Act and contmned m 40 CFR, Part 136, as amended, (5) Time and duration of contribution, (6) Average dmly wastewat~r flow rates, ~ncludsng dmly, monthly and seasonal variations, if any, 36 (7) $1te plans, floor plans, mechanical and plumbing plans and details to show all service hnes, sewer connections and appurtenances by size, location and elevation, (8) Description of activities, facilities and plant processes on the premises, lncludmg all materials winch are or could be (hscharged, (9) Where known, the nature and concentration of any pollutants m the discharge which are hrmted by any city law or regulation or by the state or categorical pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a conslstont basis, (10) If additional pretreatment and/or operation and ma~menance will be required to meet the categoncal pretreatment standards, the shortest schedule by winch the slgmfleant mdustnal user will provide such additional pretreatment The completaon date in this schedule shall not be later than the comphance date established for the applicable categorical pmtreatment standard The following conditions shall apply to this schedule a The schedule shall contam merements of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of addltaonal pretreatment reqmred for the s~gnlficant industrial user to meet the apphcablel~categoncal pretreatment standards, e g, inrmg an engineer, completing preliminary'plans, completing final plans, executing contract for major components, commencing construction, etc b No mcrement referred to m subsectmn (a)(10)a of tins section shall exceed mne (9) month8 c Not later than fourteen (14) days followmg each date in the schedule and the final date for compliance, the slgmficant mdustnal user shall subrmt a progress report to the assistant mty manager - utilities including, as a mlmmum, whether or not it complied w~th the merement of progress to be met on such date and, if not, the date on winch it expects to comply with this increment of progress, the reason for delay and the steps being taken by the slgmficant mdustnal user to return the construction to the schedule established In no event shall more than rune (9) months elapse between such progress reports to the assistant city manager - utahties (l l) Each product produced by type, amount, process or processes and rate of production, (12) Type and amount of raw materials processed, average and maximum per day, (13) Number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system, (14) Any other reformation as may be deemed by the caty to be necessary to evaluate the perrmt apphcatmn (b) Mod~ficatmns W~tinn mne (9) months of the promulgation of a categoncal pretreatmant standard, the mdustnal/commerclal wastewater discharge permit of 37 slgraficant industrial users subject to such standards shall be revised to require compliance with such standard w~ttun the time flame prescribed by such standard Where a s~gmficant industrial user subject to a categorical pretreatment standard has not previously submitted an apphcat~on for an lndustnal/commermal wastewater discharge permit, the slgmficant industrial user shall apply for an mdustnal/commermal wastewater discharge permit within one hundred eighty (180) days after the promulgation of the applicable categoncal pretreatment standard In addition, the sxgmficant mdustnal/commerclal user with an existing mdustnal/commermal wastewater discharge permit shall submit to the assistant city manager - utilities, wlthm one hundred eighty (180) days after the promulgation of an applicable categorical pretreatment standard, the information required by subsections (a)(8) and (a)(9) of flus section (c) Con&t~ons Industnal/commermal wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, s~gmficant industrial user charges and fees established by this Code Permits shall contmn the following (1) The umt charge or schedule of s~gmftcant lndusmal user charges and fees for the wastewater to be discharged to the wastewater system, (2) Llrn~s on the average and maximum wastewater constituents and characteristics, (3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization, (4) Reqmrements for mstallatmn and maintenance of inspection and sampling facilities, (5) Specfficat~ons for momtonng programs winch may include sampling locations, frequency of sampling, number, types and standards for tests and repomng schedule, (6) Compliance schedules, (7) Reqmrements for submission of techmcal reports or discharge reports, (8) Reqmrements for malntaamng and retatmng plant records relating to wastewater dascharge as specified by the city and affording city access thereto, (9) Keqmrements for notfficat~on of the city of any new introduction of wastewater constituents or any substantial change ~n the volume or character of the wastewater constituents being ~ntroduced into the wastewater system, (10) Reqmrements for notfficatmn of slug discharges, (11) Other conditions as deemed appropriate by the city to ensure compliance with ti'ns article and reqmrements of 40 CFR 403 8(f) (d) Duratzon Permits shall be issued for a specified time period not to exceed three (3) years A penmt may be issued for a period less than one (1) year or may be stated to expire on a specffied date The sigmfieant mdusmal user shall apply for permit 38 re~ssuance a mlmmum of sixty (60) days prior to the expiration of the significant industrial user's existing permit The terms and eondataons of the permit may be subject to modification by the city during the term of the permit The sagmficant andustrial user shall be reformed of any proposed changes in Ins permat at least tbarty (30) days prior to the effective date of change (e) ?transfer Industrial/commercial wastewater discharge permits are issued to a specafied sigmficant mdustnal user for a specific operation An industrial/commercial wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, dafferent premises or a new or changed operation without the approval of the assistant city manager - utilities Any succeedang owner or slgmficant industrial user shall also comply with the terms and eondltaons of the existing permit (i) Reporting requirements .for permitter The permitter shall submit the following reports (1) Al1 sagmfieant ~ndustnal users, lneludang new sources, that are subject to categorical pre~reatment standards must submit baselme momtonng reports (BMRs) to the assistant caty manager - utilities m accordance with 40 CFR 403 12(b) a Ident~2~mg mformatlon The name and address of the facthty, mcludmg the name of the operator and owner b £nwronmentalpermlts A last of any environmental control permits held by or for the faelhty c Desen£tlon of operations A brief description of the nature, average rate of production, and standard andustnal classifications of the operation(s) earned out by such user This description should include a schematic process daagram whach Indicates points of dascharge to the POTW/~om the regulated processes d Flo~v measurement Information showing the measured average daffy and maximum daffy flow, In gallons per day, to the POTW from regulated process streams and other streams, as necessary to allow use of the eombmed wastestream formula set out m 40 CFR 403 6(e) e Measurement of pollutants 1 The categorical pretreatment standards applicable to each regulated process 2 The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by assastant eaty manager - utflItaes of regulated pollutants m the discharge from each regulated process Instantaneous, daffy maximum, and long-term average concentrations or mass, where reqmred, shall be reported The sample shall be representative of daffy operations and shall be analyzed ~n accordance with procedures set out in section 26-157(b) of tins article 3 Samphng must be performed m accordance with procedures set out m section 26- 157(a)(1) and (2) of tins ordmance f Certzficatton A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is reqmred to meet the pretreatment standards and reqmreanents g Comphance schedule If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M The completion date in tlus schedule shall not be later than the compliance date established for the applicable pretreatment standard A compliance schedule shall contmn 1 Progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, baring an engineer, completing prehmmary and final plans, executing contracts for major components, commencing and completing construction and beglnmng and conducting routine operations), 2 No mcromants referred to above shall exceed rune (9) months, 3 The u~r shall submit a progress report to the assistant city manager - utilities no later than fourteen (14) days followmg each date m the schedule and the final date of compliance including, as a mmnnum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule, and 4 In no event shall more than rune (9) months elapse between such progress report to the assistant city manager - utthtlas h Signature and certification All baseline momtonng reports must be signed and certified m accordance with section 26-202(0(14) of this article (2) Within ninety (90) days following the commencement of the contnbutlon of wastewater rote the POTW, any slgmficant industrial user classified as a regulated categorical standard industry, and therefore subject to Federal Categorical Pretreatment Standards, shall submit to the assistant city manager - utlhtles a ninety-day compliance report,m accordance with 40 CFR 403 12(d) (3) Slgrnficant industrial users not classified as categorical standard industries may, at the discretion of the assistant city manager - utilities, be required to submit a baseline momtonng report and/or a ninety-day compliance report (4) Regulated categorical standard industries subject to a pretreatment standard, after the comphance date of such pretreatment standard or, in the case of new sources, after commencement of the discharge to the POTW, shall submit a semi-annual compliance report,to the assistant city manager - utlhtles m accordance with 40 CFR 403 12(e) 40 (5) Sagmficant non-categoncal industrial users may be required to submit a semi- annual comphance report to the assastant c~ty manager - utlhtles in accordance wath 40 CFR 4O3 12(h) (6) Semi-annual comphance repons reqtured under subsection (0(4) and (5) of tins section shall be based on samphng and analytical data collected dunng the period covered by the report by both the assistant c~ty manager - utlht~es and the andustnal user if self-momtormg as performed Sampling and analytical data shall be representative of the cond~ttons oecumng dunng the reportmg period (7) Categoneal standard lndustnes shall perform self-momtormg samphng and analysis of the regulated process wastestream at a frequency stipulated by the wastewater d~scharge penmt (8) Categorical standards and non-categorical slgmficant industrial users may be required to perform self-momtormg on wastestreams, should the assistant caty manager - utflmes deem at necessary (9) Salf-momtormg samples shall be collected, preserved and analyzed in accordance with approved methods (10) For~ bach self-momtonng samples, the mdustnal user shall submit an ~ndustnal self-momtonng samphng report winch shall include a The date, exact place, sampling method, preservataon method, times of samphng and the name(s) of the person(s) taking the samples, b The dates the analyses were performed, e The analytaeal teehmques/method used, and d The results of the analyses (11) For categorical standard industries, at least once dunng each semi-annual comphanee reporting period, self-momtonng samples shall be analyzed for all federally regulated parameters (12) Ifself-momtonng mchcates a wolat~on, the industrial user shall notify the assistant c~ty manager - utflmes w~thm twenty-four (24) hours of receawng the results The industrial user shall also repeat the samphng and analysis and submit the results of the repeat analys~s w~tinn tinny (30) days after becoming aware of the vaolat~on For mdustnal users reqtured to self~momtor each month, the next month's self-momtonng may be used as the repeat samphng so long as the sample is analyzed for the wolatlng parameter and the tinny-day submassaon deadhne ~s observed (13) All compliance reports, self-momtonng samphng reports and apphcat~ons for mdustnal/commerc~al wastewater daseharge permits must be s~gued by an anthonzed official of the industrial user m accordance w~th 40 CFR Part 403 12(1) The authonzed official may designate a representative, m wntmg, to the assistant cny manager - utilities The authonzataon must specify e~ther an mdlwdual or a posataon hawng responsibility for the overall operation of the facthty from which the industrial discharge onglnates, or having overall responslblhty for environmental matters for the industrial user If the authorization becomes invalid because of changes in msponslbdltles or personnel, a new written authorization must be submitted to the assistant city manager - utalmes prior to or along with any report being signed and submitted by the new representative (14) All compliance reports, self-momtormg sampling reports and appllcatmns for mdustnal/commerclal wastewater chscharge permits must include the statement "I certlfy under penalty of law that tlus document and all attachments were prepared under my threctlon or supervised m accordance with a system designed to assure that qualified personnel properly gather and evaluate the reformation submitted Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gnthenng the reformation, the information submitted is, to the best of my knowledge and behef, true, accurate and complete I am aware that there are Slgnfficant penalties for subrmttang false information including the posslbthty of fine and Imprisonment" (15) All industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loadings by the industrial user (16) An }ndustnal user shall notify the assistant mty manager - utilities, the EPA Regional Waste Management Division director, and the state hazardous waste authontms, m writing, of any dxscharge into the POTW of a substance, wtuch, ~f otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, m accordance with 40 CFR 403 12(.p) (17) The reports and other documents required to be submitted or mamtmned under this section shall be subject to a The prowslons of 18 U S C Section 1001 relating to fraud and false statements, b The provlmons of Sections 309(c)(4) of the Act, as amended, govermng false statements, representation, or cemficatlon, e The provisions of Section 309(c)(6) of the Act regarding responsible corporate offices; and d The applicable prov}slons of tlus ordinance Sec 26-203 Same--Suspension or revocation (a) Perrntt not a vested rtght A permit issued under tins article does not become a vested right m the person holding the permit (b) Grounds for suspenston or revocatton A permit issued under tins article may be revoked or suspended upon any of the following grounds 42 (1) The penmttee has or as vaolatmg one (1) or more provm~ons ofth~s article, (2) The perm~ttee has fmled or as ftulang to comply wath one (1) or more eond~tmns of a permit, (3) There ~s a change m eondmons whmh reqmres ehmmataon or modffieatlon of the daseharge covered by a permit, (4) Revoeatmn or suspensaon ~s necessary an order to prevent harm or damage to the wastewater system or treatment process or ~s necessary to protect the health or welfare of persons, anamals or property, (5) The penmt was obtained by m~srepresentataon or fmlure to d~sclose all relevant facts (c) Procedure for suspcnszon or revocatton The assistant city manager - utilities may ~ssue an order suspending or revoking a perrmt msued under tins article upon the grounds specified m flus arttcle Such order shall state the grounds therefor and shall be served upon the perm~ttee m person or by certffied or regmtered mml Such order of suspenmon or revocation shall become effective after five (5) days from the date of service, unless the penmtlie~e w~thm such five-day period files an appeal and fihng fee m accordance with section 26-~55 of tbas article (d) Procedure for appeals from order of revocatton or suspenston Appeals from the order of the assistant e~ty manager - utllmes suspending or revoking a permit shall be processed and heard m accordance vath procedures for other appeals as set forth m sectmn 26-155 Sec. 26-204. Same-Effect of suspension or revocation Any penmttee who receives an order from the assistant city manager - utlhtles revoking or suspending a penmt reqmred under ttus artmle shall d~scontlnue any d~scharge covered by the permit after five (5) days from notice of such order, unless wltban such five-day period the permattee appeals such order to the enwronmental appeals cormmttee Any penmttee who has been notified by the assistant city manager - utilities of a suspensmn or revocatmn of a permit and does not timely appeal such order or any penmttee who has been not~fied of the order of the committee, after a hearing, of the revocataon or suspensmn of a penmt and who continues a d~scharge covered by a penmt after the effective date of the revocation or suspensmn of the permit may have sewer service terminated by the executive assistant mty manager - utfl~ues Sec. 26-205 Same--Reinstatement of suspended or revoked permit. 43 (a) The assistant city manager utthtles shall reinstate a suspended industrial/commercial discharge permit upon satisfactory proof to the assistant city manager - utilities of corrective action of the penmttee of the conditions or discharge for which the permit was suspended (b) A user whose industrial/commercial discharge permit has been revoked must apply for a new permit and comply with all provisions and conditions required as though a permit had not been issued for such user Sec 26-206. Pretreatment of industrial wastewater Significant lndustnal users shall provide necessary wastewater treatment as required to comply with flus article and the eategoncal pretreatment regulations Any facahtles required to pretreat wastewater to a level acceptable to the assistant city manager - utlhtles shall be provided, operated and mamtmned at the user's expense Detailed plans showing the pret~eatment facilities and operating procedures shall be submitted to the assistant city manager - utflmes for review before construction of such faelhtles The review of ,such plans and operating procedures will in no way relieve the user from the responslbll[l~ of mothfymg the facility as necessary to produce an effluent acceptable to the assistant city manager - utilities under the provisions of this article Any subsequent changes m the pretreatment faetht~es or method of operation shall be reported to and be acceptable to the city prior to the user's amtiatlon of the changes All records relating to comphance w~th the categorical pretxeatment standards shall be made avmlable to officials of the Environmental Protection Agency or city upon request Sec 26-207 Control manhole As a prerequisite to receiving an lndustnal/commerclal wastewater discharge permit, the assistant city manager - utilities may, when necessary to momtor wastewater discharged into the wastewater system, require a slgmficant industrial user to install a suitable control manhole together with such meters, equipment and appurtenances as deemed necessary by the assistant city manager - utilities m order to adequately sample and measure such wastewater All required control manholes shall be located so as to permit unrestricted access by the assistant city manager - utilities ARTICLE VI IMPACT FEES See. 26-227 Refunds. 44 (a) Any impact fee or pomon thereof collected pursuant to flus article which has not been expended within ten (10) years from the date of payment, shall be refunded, upon apphcatlon, to the record owner of the property at the time the refund is prod, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Vernon's Ann Clv St title 79, art lC 002, or any successor statute (b) Upon completion of all the capital improvements or facthtles expansions identified m the mapact fee capltal improvements plan upon which the fee was based, the city shall recalculate the maximum impact fee per service unit usmg the actual costs for the improvements or expansions If the maximum impact fee per service umt based on actual cost is less than the impact fee per service umt paid, the city shall refund the difference if such difference exceeds the impact fee prod by more than ten (10) percent The refund to the record owner or governmental entity shall be calculated by multiplying such difference by the number of service umts for the development for which the fee was prod, and interest due shall be calculated upon that mount (e) Upon the request of an owner of the property on which an impact fee has been pard, the city sh~l refund such fees if (1) Exastthg service is available and service is demed, or (2) Service was not avmlable when the fee was collected and the city has failed to commence construction of famhtles to provide service within two (2) years of fee payment, or (3) Service was not avatlable when the fee was collected and has not subsequently been made available within a reasonable penod of time considering the type of capital improvement or famhty expansion to be constructed, but in any event no later than five (5) years from the date of the payment (d) The city shall refund an appropriate propomon of impact fee payments in the event that a previously purchased but umnstalled water meter for which the impact fee has been prod is replaced with a smaller meter, based on the per service umt differential of the two (2) meter sizes and the fee per service unit at the time of the original fee payment (e) A petition for refund under tins sectmn shall be submitted to the darcctor on a form promded by the city for such purpose Wlttun one (1) month of the date of receipt of a petition for retired, the chrector must provide the petatloner, in wntmg, with a decision on the refund request, including the reasons for the decision If a refund is due to the petitioner, the darector shall notafy the assistant city manager of finance and request that a refund payment be made to the petitioner Sec. 26-233 Water conservation and drought contingency plans. 45 (a) Adoption of plans The water conservation and drought contingency plans of the city dated January 1, 2000, which are attached hereto are hereby adopted by reference and made a part of tins Code of Ordinances for all purposes as if fully set forth herein (b) Surcharges In addatlon to the penalties set forth in section 26-234 below, the surcharge penalties of twenty (20) percent for commercial, industrial, and residential customers may be nuposed in accordance with the drought contingency plan (c) Authority The city manager and assistant city manager for utilities are authonzed to implement measures prescribed and required by this section and by the water conservation and drought contingency plans approved by the city council The assistant city manager for utilities is authorized to enforce the measures implemented and to promulgate regulations not in conflict with ti'ns section or state and federal laws in the and of enforcement (d) Implementation of emergency order The assistant city manager for utlhtles, upon detenmnation that the conditions for a water emergency exist, may take the actions indicated under the drought contingency plan, and shall advise the city manager The city manager may order that the appropriate state of emergency response, as detailed in the plan, be implemented To be effective, the order must be (1) Madeby public announcement via electronic med~a, and (2) pubhshed m a newspaper of general circulation of the city wltlun twenty-four (24) hours after the public announcement, whleh order becomes effective immediately upon pubheatton (e) Duration of the order, change, extension All initiated actions will remmn in effect until the condltaons that triggered the order have been ellrmnated or as otherwise provided m the Drought Contingency Plan Upon recommendation of the assistant city manager for utilities, the city manager may terminate, upgrade, or downgrade the state of emergency m accordance with the requirements of the drought contingency plan Any change in the order must be made in the same manner prescnbed in subsection (d) for implementing an emergency order (f) YFholesale service to customers outside the czty The assistant city manager for utilities shall notify customers receiving wholesale water sermce from the city when any stage of the drought contingency plan has been lmtlated or terminated m ease of pro rata water allocations The assistant city manager for utilities may restnct service to customers outside the city as perrmtted under contract and state law (g) Authority under other laws Nothing in this section shall be construed to limit the authority of the mayor, the city council, or the city manager to take emergency aetlon or to seek emergency relief under Chapter 9 "Emergency Management" or under the provisions of any appheable state or federal laws Sec. 26-234. Criminal and civil penalties. 46 (a) A person commits an offense ff he or she knowingly makes, causes, or permits a use of water contrary to the measures implemented an the Drought Contingency Plan ("plan") For the purposes of flus section, at as presumed that a person has knowingly made, caused, or permitted a use of water contrary to the measures implemented ff the mandato~ measures have been ~mplemented according to the plan and any one of the following eonchtaons apply (1) The plan prohibits the manner of use (2) The amount of water used exceeds the amount allowed by the plan (3) The amount of use or the amount used violates the terms and conditions of a ¢omphance agreement following a variance granted by the assistant city manager for utilities (b) The following penalty shall apply dunng stages 3 and 4 of the plan any person who violates any prowsaon of flus article shall, upon convaeuon, be pumshed by a fine not to exceed two thousand dollars ($2,000 00) Each day that one or more provisions an th~s plan as violated shall be considered to be a separate offense (c) The ~e~ty attorney ~s authorized to commence an action for appropriate legal or eqmtable relief m a court of competent junsdxctaon m addition to the penalty mentioned m the above subsection (b) Such additional rehefmay ~n¢lude (1) An injunction to prevent a v~olataon of this chapter, (2) Recovery for expenses incurred by the c~ty m respondmg to a violation of flus chaptar, (3) A eavfl fine of up to one thousand dollars ($1,000 00) per day for violations of section 26-233 and the plan attached hereto, (4) &Il other damages, costs, and remedies to wbaeh the e~ty may be entitled SECTION 2 That ff any section, subsection, paragraph, sentence, clause, phrase, or word mttus ordinance, or appheatlon thereof to any person or circumstances ~s held ~nvahd by any court of competent jurisdiction, such holding shall not effect the valathty of the remaining port~ons of flus ordinance, and the C~ty Council of the City of Denton, Texas hereby declares at would have enacted such remaining port~ons despite any anvahd~ty SECTION 3 That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remam m full force and effect SECTION 4 That any person found guilty of wolatmg Se¢~on 26-233 and/or Section 26-234 of flus ordinance by a court of competent ~unsd~etaon shall be fined a sum not to exceed two thousand dollars ($2,000) per day Each day that a provision of tins ordinance is v~olated shall constitute a separate offense SECTION 5 That Sections 26-233 and 26-234 of tins ordmance provlchng for a penalty shall become effecttve fourteen (14) days from the date of its passage, and the City Secretary is hereby d~rected to cause the caption of tins ordinance to be published twice in the Denton Record-Chromcle, the official newspaper of the City of Denton, Texas, within tan (10) days of the date of its passage SECTION 6 That the issues of interest on delinquent utility accounts and of penalty or late charges pertamang to utility accounts m the City of Danton, Texas shall be taken up and re-considered by the City Council w~tinn saxty (60) days following March 31, 2002, after the eollectlon of momes prowslons covered by tins ordinance have been m force and effect for a period of SlX (6) months SECTION 7 That all the remmmng parts of this ordinance shall be effective from and after October 1, 2001, and a copy of said rates, fees, and charges shall be maintained on file m the Office of the City Secretary PASSED AND APPROVED tins the __ day of ., 2001 EULINE BROCK, MAYOR ATTESTED JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By T _,~ r - S \Our Documents\Or~mances\0 l\Chapter 26 Ordinance Rvsn #442ounml MSC 042401 doc AGENDA INFORMATION SHEET Agenda No ~ Agen[la Item AGENDA DATE May 15, 2001 DEPARTMENT: Planmng Department ~/ CM/DCM/ACM Dawd Hill, 349-8314 SUBJECT - Z-01-0001 (Lake Forest Good Samarxtan Amended Detmled Plan ) Hold a pubhc heanng and consider adoptxon of an ordxnance approwng the amendment of a Detailed Plan, commonly known as 3901 Montemto Road, ~n Planned Development 22 (PD-22) zomng dlstnct It xs located at the southwest comer of Ryan Road and Montecxto Road Res~dentml duplex development for semor housxng ~s proposed The Planmng and Zomng Commission recommends approval (6-0) w~th conditions BACKGROUND The applicant ~s requesting an amendment to Planned Development 22 zomng d~stnct and ~ntends to develop seven duplex umts for semor housing The ex~stmg PD would allow 26 town homes ~' The subject property is located ~n Planned Development 22 (PD-22) zomng d~stnct and xs currer~tly being used as a retirement center ~ The Denton Plan ~dentffies this area as an "Ex~stxng Nexghborhoods/Infill Compatxbxhty' zone The proposed uses are compatible w~th The Denton Plan ~' Seventy-three (73) property owners have been notffied As of April 30, 2001 three (3) responses have been received Two (2) opposed and one (1) neutral Approxxmately 6% of surrounding property owners are opposed PRIOR ACTION/REVIEW The following ~s a chronology of Z-01-0001, commonly known as Lake Forest Good Samaritan October 1~2, 2000- Apphcat~on Date November 28, 2000- Wmver from Interim Regulatxons January 11, 2001- DRC Date(s) Aprd 25, 2001- P&Z Date(s) ESTIMATED PROJECT SCHEDULE The subject property is platted A building permit w~ll be reqmred prior to development FISCALI INFORMATION Development of th~s property w~ll increase the assessed value of the city, county, and school d~stnct It will reqmre no short-term public ~mprovements that are the respons~bd~ty of the city PLANNING AND ZONING RECOMMENDATION The Planning and Zomng Commission recommends approval (6-0) with the following condition 1) That the duplex development exclusively serves semor c~t~zens 62 years of age or older OPTIONS ! Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table Item ATTACHMENTS 1 Planmng and Zomn§ Commission Report, April 25, 2001 Z-01-0001 2 Planmng and Zoning Commission nunutes from April 25, 2001 3 Draft Ordinance Da-ector of Planmng and Development Prepared by M~ke Gra~e Planner I ATTACIII~NT 1 ' Agenda No PLANNING AND ZONING COMMISSION e.da,,m STAFF REPORT Subject' Lake Forest Good Samaritan-Amended Case Number' Z-01-0001 Detailed Plan Agenda Date. April 25, 2001 Staff' Mike Grace, Planner I Hold a public hearing and consider making a recommendation to the City Council concerning the Amended Detailed Plan for Planned Development-22 (PD-22) Rehrement center development ~s proposed on the 3 4-acre site ,I '~',, ,', ,, G ?I II~l~'~,tb ~ +,i +~--~' I~,,?[1',' ,, ,,,, LOC~TION Looation' Tho property ~s located at tho southwest corner of Ryan Road and Montec~to Road Size' 3 4 acres C \Hy Documenls\Projects~Zoning'¢. 0! 0001 (Lake Forest Good Sam )~P&Z STAFF REPORT (Lake Forest Good Sam ) doc 3, Appl,cant The Evangehcal Lutheran Good Owner The Evangelical Lutheran Good Samaritan Soc~ety--Juhe Samantan Soc~ety---Juhe Marko/Blake Dunn Marko/Blake Dunn 3901 Montecito Drive 3901 Montec~to Drive Denton, TX 76205 Denton, TX, 76205 The developer is requesbng an amendment to Planned Development-22 (PD-22) (Enclosure 2) Originally, the development was to ~nclude twenty-six (26) town-homes Seven duplex umts ara proposed for a total of fourteen apartments Th~s ~s substantially less dense than the original proposal, thus requmng a Detailed Plan Amendment The Denton Plan shows this area to be in an Ex~sbng Resdent~al/Infill Compabb~hty Land Use Class~ficabon With~n estabhshed res~denbal areas, new development should respond to ex~sbng development with compatible land uses, patterns, and design standards The plan recorpmends that exmt~ng neighborhoods within the c~ty be v~gomusly protected and preserved I:rO[l~lng that ~s compabble w~th the ex,sting density, neighborhood service, and commero~al land uses are allowed The use described In the Detailed Plan ~s consistent w~th the Denton Plan 1. Transportation A Trip generabon As proposed the development would not s~gmficantly increase the number of trips per day ATraffic Impact Analysts (TIA) m not required A TIA may be required ~n the future ~f there ,s s~gnlficant additional development B Access Th~s project has access to Ryan Road and Montec~to Road on the north C Road Capacity Ryan Road has a traffic count of 1284 trips per day just east of Country Club Road and 1761 just west of Teasley Lane Montecito Road has a traffic count of 641 trips per day just north of Ryan Road Ryan Road is Identified as a Secondary Major Arterial mad bY the 1999 Denton Mob~hty Plan Th~s road ~s designed to be a four (4) lane d~vlded street w~thout parking, providing four (4) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 19,100 tnps per day Ryan Road m currently constructed w~th two (2) undivided lanes and w~thout parking at ~hm Iocabon The most recent traffic count for Ryan Road indicates that there ~s adequate capacity to handle the calculated trips that would be generated by the proposed C \lVly Documents\ProJeds~oning~Z 01 0001 (Lake Fores~ Goofl Sam )\P&Z STAFF REPORT (Lake Forest Good Sam ) doc development Montec~to Read Is ~dent[fied as a collector street by the 1998 Denton Mobility Plan Th~s street ~s designed to be a four (4) lane undivided street without parking, prov,d,ng four (4) lanes of through traffic As such, Its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 tr~ps per day Montectto Road ,s currently constructed with two (2) lanes undivided without parking The most recent traffic count for Montecito Road ind~cates that there is adequate capacity to handle the calculated tnps that would be generated by the proposed development D Pedestrian Linkages Sidewalks along all public streets are required 2. Utilities The development has access to existing water lines and sanitary sewer 3. Drainage and Topography Dra,nage from any detent,on pond ouffall or storm drain outfall may require an offs~te drainage easement to.accommodate the flow If an offsite drainage easement is required, a study shall be made of the eft-site property to determine the size of the dra,nage easement to accommodate the flow Catch basin shall be constructed In right-of-way of Ryan Road ~ 4. Signs No additional signs are proposed 5. Off-Street Parking All new development must meet the ordinance requirements for off-street park, ng 6 Landscaping Per article 31-4 (2)a of the Denton Landscape Code, the proposed proJect Is exempted from the prov,slons of the code, because the proposed 22.8% ~ncrease in gross floor area ~s less than the 25% applicability threshold 7 Open Space and Recreational Areas Th~s residential development w~ll be required to participate m the development of public recreabonal areas Through the Park Dedication Ordinance (98-039), this development w~ll contribute toI park land dedication and park development fees Dad,cation requirements were required during the platting process Park development fees are required pnor to the ~ssuance of building perrnlts. 8. Lighting Typically no lighbng requLrements are proposed for residenbal developments C \Hy D0cu ments\ProJeCcs~Zonlng~.-01 0001 (Lake Forest Good Sam )~P&Z STAFF REPORT (Lake Forest Good Sam ) doc 9. Environmental Quality Impacts No adverse ;environmental impacts are anQc~pated February 1, 1977 -The subject property was placed ~n the Planned Development-22 9 (PD~22) zoning d~stnct and land use classification by Ordinance 81-50 (see Enclosure 1 ) The subject property was platted m January of 1986 Notice of the zoning request was published ~n the Denton Record-Chromcle on Apnl 14, 2001 Seventeen (17) property owners within two hundred feet were maded legal notices and Thirty-three (33) residents w~thln five hundred feet were sent courtesy notices ~nformlng them of the request (see Enclosure 4) As of this wnt~ng, there have been three (3) responses, two (2) ~n opposition and one (1) neutral response (see Enclosure 4) As menttoned above, tho proposed uso ~s compatible w~th The Denton Plan and ubhzos design elements comparable to the surrounding area The proposed development wdl ~nclude seven (7) duplex units with a total of fourteen (14) apartments As proposed, traffic ~mpacts wdl be m~mmal Staff recommends approval of Z-01-0001 (Lake Forest Good Samantan) I move to recommend approval of Z-01-0001 (Lake Forest Good Samaritan) 1 Recommend approval as submitted 2 Recommerld approval with conditions 3 Recommend denial 4 Postpone consideration 5 Table ~tem C \Fly Documents\R'oJec:ts~Zoning~Z O! 000! (Lake Forest Good Sam )\P&Z STAFF REPORT (Lake Forest Good Sam ) doc 1 Ordinance81-50 2 Detailed Plan 3 Zoning Map 4 200'-500' Notification Map & Responses 5 Draft Ordinance C.\Ny Documen[s\ProJects~Zonlng~. 01 000~. (Lake Forest Good Sam )\P&Z STAFF REPORT (Lake Forest Good Sam ) doc 7 ENCLOSURE 1 AN 0RDINANCB AMBNDING THE ZONING /~IAp OF THE CITY OF DBNTON, TP~XA$, AS SAMB ~AS ~OPT~D AS ~ APP~IX TO ~ COD~ oF ORDIN~C~S OF TH~ CI~ OF DBNTON, T~S, BY ORDINanCE N APPLIHS TO ~p 0 69-1, ~D O ROXI~TNLY 4~.S61 ACRES O SAID F THE THOMAS LABOR S~V~ a~.~,~ ~_ MORS OR LBSS, OUT SURLY, ABSTRACT ~0. 51, IN ~E CI~ OF D~TON, ~D MOR~ P~TICUL~Ly DBSCRIB~ H~IN, ~ D~CL~ING ~ ~FP~CTIW~ DAT~. ~B COUNCIL OP ~ CI~ OF D~NTON, T~S, H~BY ORDAINS. S~CTION I. ~ The Zoning ClassA[ication and Use designation o~ the ~ollowin~ ~ described property, to-wit. ~ ~1 that certain 4S.~61 acre tract, or parcel o~ land situated the Thomas Labor Survey, Abstract No. 779 and the N. Britton ~ Survey, Abstract No. S1, Denton County, Texas, being part o[ that ~ ~.170 acre t~act conveyed by ~. J. L~berth to Ross Porney by deed recorde~ An Volume 661, Page ~07 o~ t~e Denton County Deed Records, this tract belng more particularly described by metes and bounds ~rom a survey actually made on- t~e ~round ~der the ~a o~ Dewey Fields, Registered Public Surveyor ~6~ as ~GI~TH~ at a point ~or the southwest corner o~ t~is tract in the west line o~ the Forney tract, sat~ point lylng north 02o 22' west ~00 ~eet ~rom the southwest corner o~ the Forney tract; ~C~ north 02o 22' west 717 S ~eet with ~he west llne o~ the Porney tract to an iron pin ~oun~ at a corner ~eace post ~or a salient west corner o~ ~his tract, ~CB north 890 01' east 62~.S ~eet to a point ~or a west re-entrant cornerl ~C~ north 00o 06' east 484.~ ~ee~ to a point ~or a northwest corner; ~C~ south 89o S4' east 10.0 ~eet to a point ~or a point o~ curvature in the west l~ne o~ a propose~ 90 ~oot roa~waF~ ~C~ with a right breaking curve in the west llne o~ said propose~ roadway having the ~ollowin~ characte angle 480 S0' 01", radius o~ ~xa ~a ~ . ristics-central ~eett arc length o~ ~6~ ~ ~=~ ~'~ ~e~, tangent east ~S~.9 t p curvature said propose~ roadway; ~CB with a le~t breaking curve in said propose~ roadway which As partially ex~stlng and kno~ locally as Montecito Drive having the ~ollowing characteristics-central ~gle ~0o , ,, o~_44S.~ Ieee, tangent o~ 209.8~ ~eet ar ...... ~9 _4~ ~ radius ~a a caord ~earing north 2So 11' lO"'eas~ ~ ~ ~92.2 ~eet ~ Ae=~ ~o a point or a point ot tan~ency of said curve, ~C~ north 00o 04' west 10~ 7 feet to a poin~ in the south line of EF~ Road ~or the northwest corner o~ this tract; ~C~ north 89o ~6' east 580.0 fee~ with the south line of Ryan Road for the northeast corner vi this tract; Se TH~-NCE south 00o 06' west 1100.0 £eet to a point for eastern southeast corner; THENCE south 890 01' west 165.0 £eet to a point for east re-entrant corner, THENCE south 02o 11' 20" west 849.7 feet to a point for the sou:hem southeast corner of this tract, TH~-NCE south 88° 22* west 1299.0 feet to the place of beginninl, is hereby changed from Planned Development District Classt£ication Use to Planned Development "PD-22" District Classification and Use under the Comprehensive Zoning Ordinance o4 the City of Denton, Texas subject to the following conditions ana restrictions, to-wit 1. Site plan approval is not granted to any typo of multi-£amily development that does not exclusively serve elderly persons or which is designed for owner occupancy; 2 The neighborhood service retail uses in the medical/dining facility shall strictly adhere to all provisions in the zoning ordinance relating to neighborhood service uses, $. Montecito Drive shall be extended to the ent~ on the south side of '*Forest Ridge** concurr~with development of any additional cluster or cottage units or lb or lC of Crystal Lake Manor, and Montecito Drive to entrance on south side o£ '*Forest Ridge" shall be under construction prior to occupancy of lA o£ Crystal Lake Manor; 4. Parking is permitted as sho~rn on the attached site plan, however additional parking shal~ be required if the amount on the site plan proves to oe inadequate; 5 I 90 foot wide right o£ way shall be ~edicated by the developers to provide for the extenszon o£ Montectto Drive. Variations tn the specific alignment o£ Montecito shall be permitted; 6. The 12 inch water line in Montectto shall be extended concurrent with extension o£ Monteclto Drive; 7. Extension o£ on-site utilities shall be sufficient to serve all strvctures and allow easy access £or £uture development~ 8, The developers shall provide residential width pavement on Montecito Road.($4 feet) The city will participate in any overwidth paving, 9 Appropriate prorata payment for access to lift station at Denton West Mobile Home Park shall be made prior to any additional construction, 10. Concurrent with construction of the medical center/ dining facility, Montecito Drive and 12 inch water line shall be extended to south property line; 11. Concurrent with construction of cottage units south of Crystal Lake Manor, Montectto Drive and 12 inch water line shall be extended to south property line; 129 12. Lump sum payment in lieu of extension o£ ~onteCito Drive may be considered and accepted by the City Council, 13. No increase in density shall be permitted without amending this ordinance; 14 Minor variations in the placement of buildings shall be permitted, 15 A minimum setback from ~ontecito Drive right of way of 25 feet shall be required All as sho~n on the site plan attached hereto and made a part hereof. The Zoninl Map o£ the City o£ Denton, Texas, adopted'the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 59-1, be, and the same is hereby a~ended to show such change in District Classification and Use. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view co conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land £or the maximmn benefit to the City of Denton, Taxas~ and its citizens. .SECTION III. That this ordinance shall be in full force and effect ilmediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Colmission and the City Council of the City of Denton, Texas, a£ter givinl due notice thereof. PASSED AND APpRoIrBD this the ~ day of ~ ~v~/ , ~981 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OP DENTON, TBXAS 10 , ENCLOSURE 2 12. ! - " RO,4D i · * ENCLOSURE 3 NORTH --Z:01-0001 (Lake Forest Good Samaritan) ZONING MAP Agenda Date: April 25, 2001 Scale: None 19 ENCLOSURE 4 NORTH Z-01-0001 (Lake Forest Oood Samaritan) NOTIFICATION MAP Agenda Date. April 25, 2001 Scale' None 20, NOTICE OF PUBLIC HEARING Z-01-0001 The Planntng and Zonlng Commission of the City of Denton will hold a pubhc hearing on Wednesday, Apnl 11, 2001, to consider recommending approval to City Council an amended Detailed Plan for a 3 4 acre property located at the southeast corner of Ryan Road and Monteclto Road (see map on other slde) This development Is In Planned Development-39 (PD-39)' Residential development is proposed The property Is located In the City of Denton, Denton County, Texas The public hearing will start at 6 00 p m In the City Councll Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own ,property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like fo hear how you feel about this zoning change request and Invites you to a~fend fha pub/lo hearing Please, In order for your opinion to be taken Into account, return this form wlth your comments prior to the date of the public hearing (This In no wayprohlblts you from a~tend/ng and participating In the public hearing ) You may fax It to the number located at the bottom, mall It to the address below, or drop It off in-person Planning and Development Department .. 221 N. Elm ST Denton, Texas 76201 At'tn Mike Grace, Planner I The zon ng process Includes two public hearings designed to provide opportunities ~Q.L.cltlzen Involvement and comment Prior to the public hearings, landowners within two hundred (200~ feet of the subject property are notified of the zoning request by way of this notice The first public hearing Is held before the Planning and Zonlng Commlsslon The Commission Is informed of the percent of responses In support and In opposltlon Second, the zoning petition Is forwarded to the City Council for final action providing the Commlsslon recommends approval Should the Commlsslon recommend denlal, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the slte submit written opposltlon, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition. Please circle one'- In favor of request Neutral to request Op~~ to re~ues~ Comments' Printed Name ,_-~-'~3._v~ ~., i~_[~-~ Mailing Address' I (o¢_o I Telephone Number Physlcal Address of Property wlthln 200 feet, CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 Filenarne 2 ]. · ~entby*~erkSm~th 940-387-7882,;/17/01 940AM Pete1 of 1 NOTICE OF PUBLIC HEARING These forms are used fo calculate the percentage of landowner opposltloh. Please circle one' ~0 uest~ In favor of request Neutral to request _. req Comments: Signature , Phys;~l Address of Pmpe~ ~thln 200 feet. CITY OF DENTON, TEXAS ClTYHN.LWEST · DF.~rrON.'rExN~ ?S201 · ~40349S3SO · (F)g40~497707 C-U~y Documents'~P~ojeet s~.on~ng~Z-0t..0001 (t.sim Forest Good Sam )~Legal NoUce2 Z-0t.4~01 (Lake Fomst).doo ' 22. NOTICE OF PUBLIC HEARIN ]i Z-Ol-O001 "' ~ These forms are used to calculate the percentage of landowner opposition. In fa.vor of request (,~ral to request p Opposed to request Comments. 'T-- ~u'~' '~-~'1~ V~x ~ ~ t ~ I~ ~ ~ ~ / Printed Name .~' '~ ~ Mailing Address: ~ ~ ~ ~{ ~ ~ ~ Cl~,State Zip ~~ T~ Telephone Number ~O' (~ Physt~l Address o[ Prgp~ wlthln 200 feet:. ~ CITY OF DENTON~ TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · g40349836d- (F)9403497707 C ~vly Documents~ProJe~ts'~Zonlng~Z-01-0001 (Lake Forest Good Sam )~egal Notice2 Z-01-0001 (Lake Forest) I 23. ENCLOSURE 5 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 81- 50, TO PROVIDE FOR A DETAILED PLAN FOR 3 4 ACRES LOCATED WITHIN THE PLANNED DEVELOPMENT 22 (PD-22) ZONING DISTRICT AND LAND USE CLASSIFICATION TO PROVIDE FOR A SENIOR CITIZEN DUPLEX DEVELOPMENT, THE SUB]ECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF RYAN ROAD AND MONTECITO ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVIDING A SEVEKABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-01-0001) WHEREAS, on May 5, 1981 by Ordinance 81-50, the City Council approved a Concept Plan for 157 acres located m the Planned Development 22 (PD-22) Zoning Dmtnct and Land Use Classification, as more particularly descnbed therein, and WHEREAS, on October 12, 2000, The Evangeheal Lutheran Good Samaritan Socaety submitted a Detmled Plan for 3 4 acres located within the Planned Development 22 (P~D-22) Zomng District wath the intent to develop a semor citizen duplex development, and ~ WHEREAS, on April 25, 2001, the Planmng and Zomng Commasslon recommended approval cfa Detatled for such 3 4 acres, and WHEREAS, the City Council finds that the Detailed Plan is consistent w, th the approved Concept Plan for PD-22, that there is a shortage of senior citizen housing an Denton, and the Detailed Plan ,s consistent w~th the 1999-2020 Denton Comprehensive Plan ("The Denton Plan"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance 81-50 provlchng for the approval of a Concept Plan for the Planned Development-22 (PD-22) Zomng District ClasslfieaUon and Use Deslgnatton is hereby amended,by approving the Detailed Plan attached hereto and incorporated herein by reference as Exhibit B for 3 4 acres located within PD-22, more particularly described by the legal descnpUon attached hereto and incorporated hereto by reference as Exhibit A, subject to the following condition The duplex development authorized by flus ordinance shall exclusively serve senior emzens, age 62 or older SECTION 2 The provisions oftlns ordinance as they apply to the 3 4 acres shown ,n the Detmled Plan shall govern and control over any conflicting provisions of Ordinance No 81-50, but all the provisions of Ordinance No 81-50 not m conflict w~th this ordinance or to the extent they apply to that remalmng portion of the district not hereto amended, shall continue in force and effect and shall apply to the remmnder of smd district 24 SECTION 3 A copy oftbas ordinance shall be attached to Ordinance No 81-50 showtng the amendment herein approved, SECTION 4 Any person xaolatmg any provlmon of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of flus ordinance m molated shall constitute a separate and distract offense SECTION 5 If any section, subsection, paragraph, sentence, clause, phrase, or word m ttns ordinance, or apphcatlon thereof to any person or circumstances is held invalid by any court of competent junsdmtlon, such holding shall not affect the validity of the remmmng portions of flus ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remalmng portions despite any mvall&ty SECTION 6 Thru ordinance shall become effective fourteen (14) days from the date of ~ts passago, and the City Secretary ~s hereby directed to cause the caption ofttus ordinance to be published twice m the Denton Record Chromcle, official newspaper of the City of Denton, Texas, w~tlun ten (10) days of the date of its passage PASSED AND APPROVED fins the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 25. 04/27/01 10'2B FAX 940a87S784 Landma~'k Slit,em ~]o2 EXHIBIT A FIELD NOTES 3.420 ACRES BEING all that certain lot, tract or parcel of land s,tuated in the Thomas Labar Sun, e:,; AbstraCt Number 779 and th, Nathaalol Britton Sur~ey, Abs/ract Nmnb~r 51, m the City and County of Denton, Texas, being a part of Lot I, Block A, Lake Forest Good 8anmnmn Village, an adchtion to the Cny of Denton, Denton Coumy, Texas, aceozdm~ to fig plat thereof recorded m Cabinet F, Page 36, Plat Records, Dentoa Counv, Texas, and being more par~Jcularly descri'ocd as follows' BEGLNI~'LNG at an ~rou md found for comer m the south lug of Ryan Road, a pubho road~vay ~ a n~t-of-way of 75.0 feet, ~d point ~mg ~e nonh~ co~ of smd Lot 1 of~d A~ltlon, THENCR N 89~'12'' E, 317.80 ~et ~th ~g sou~ ~e of said ~ Road to a ~ for co~ ~ ~ ~e~ ~ of Mo~ito Drive, a p~bhc to.way ~g a n~-of-~y of 900~, THENCE S 00~'00'' W, 108.44 feet ~h ~ld west ~e of~ld D~e to a poml for ~mer; TREN~E ~o~ the ~o of a m to tho ~t ~mg a o~al ~glo of 49~00'00'5 a ~d~m offS.00 ~,t, ~ ~o 1,~ of~80.57 ~ot, whoa* ~ord b~s 8 24°34'01" W, 369 0g f,~t ~ ~d w,g ~, of ~d ~v, to a porn for com~, TR~N~g 8 40~04~00'' W, 11 80 ~t ~ ~d w,g ~ of~d DHv, to a po~ TR~N~E ~o~ ~* ~c of~ o~* m th* lgR ~ a ~n~al ~glo ot 48°42'55% a m~m of 4~0 50 f~,~, ~ ~c 1.~ of~66 03 f~t, whose ohord ~s 8 24q1'50' g~ ~55 10 ~t m~h ~ weg ~ of~d Drlv* to a poht ~r ~mor, TR~NCg 8 00'04'~0" W~ 454.60 ~et ~ ~d we~ ~o ofs~ Drive to a po~ ~r com~, THENCE ~o~ ~ ~c ofa 'c~ to ~e n8~ ~ a ~U~ ~Sle 0f34°0~'19' a ~dim of~7 68 ~t, ~ ~c l~ of34.32 ~et, ~hos~ chord ~s S 17o07'30' ~ 33 81 ~t ~ ~d west ~ of s~d DHv~ to a ~ht for comer, THENCE ~ 00~'50'' ~, p~s at 0.6~ ~1 ~ ~n md ~ for co~r m the w~ {,~ of s~d ~t l of ~d Ad~o~ ~nt~g ~th s~d w~ ~e of~ Addison a to~ dm~ of 1261.70 feet to t~ PLACE OF BEG~N~G ~d ~nta~ 3 420 a~s of {~d 26 EXHIBIT B ROAD ATTACHMENT 2 Pago i Page 19 just platting tho property so it vail bo platted I Denton Plan to bo an existing naI~hborhond infill We.lust want to file 2 ¢ompaUbthty area This development is m comphanoa 3 vath that plan 4 Tl~c ~son for tho amendment, tho on~nal 5 $ plan called for 26 townhomea to bo located on ~ts comer 6 much 6 "l'he apphcant is proposing a less denso development of 7 7 seven duplen units which tnohides 14 aporlment units 8 8 Tha~ haw been threa prop~y owner reapouses that ha~¢ 9 9 been passed out to you, two m opposittim, uno neutral 10 Issue? 10 responsn Tlus development was granted a waiver from Cig 11 this Item and ask 11 Council from the lnt~'im ro~ulatious and that was appro~ cd 12 MS VII~I~ 12 onNov~nber28thof2000 Andlbelievothoappl~camls 13 MP. MCN'.~ILL 13 avadabl8 for any further questions 14 14 ~ MC'~EIL~.. Coimmssiouers, do you have 15 12 queations for stuff haforo wn open tho public hearing? 16 MR~ 16 Okay Thank you very much So at flus pomt then, Iwdl 17 tho prell.mlnary 17 open tha public hranns, again, rmflndmg you of the rules lg Blount 18 flint ar~ in force for public heanngs And .a~k tf tho 19 Lot 2, 19 apphcam or tho applicant's reprnseniatwo would hkc to 20 20 come forward 21 21 ~ I)ONN O0nd evening My namo is Blake 22 Dunn I'm with the firm of Coimelly, Abbott, Dtmn & 23 Monro~ Architects in BI Dorado, Arka"fl~ ,si~and wn ar~ the 24 architects on tins project And first ~ say I dlSouSs~on? Any dlsctlsslon? ¥ot~ 25 ~ppr~ciatc your conslderatiim of flus request Wc feel it Page 18 Page 20 1 Motion passes '~-0 I vail ha an improvement to th~ area And I app~nia~ also 2 So now wn have Itean 1~ which I toed ~o rush 2 the help that v~'vn had in thts process with Lbo staff who 3 us through h's ia hold a pubhc hearing conearuiv~ tho 3 have been most l~Ipful to us 4 Ryan Road and Munte~ito Road interaea~ou And I bellow 4 I was going to say wa bopo that you will ~va 5 Mr Crraco iS going to bring that ~port No wonder you 5 us favorable consideration for this project with 6 needed a s~imd 6 ~cognltion of the fact that It is a less dense 7 MR. ORA¢& I was wondering Okay ~ a~ 7 development then what has been prowously approved It ii a coupla of chanl~es wa need to mako born. Maroy just g will halp the Oond Samaritan soelety servo b~tier the 9 passedoutthopubltcr~pooseathatwe~loltoutoftbo 9 elda'lyl'~identsmtlasaren That'slt. I'mthrough 10 smffr~port, untofyourbacloip Shnpassedtheaeunt 10 ya. McI~lLt. okay Conmussmners, thdyou I 1 already Now she's passing OUt Ordinanoa gl 20 Tha staff 11 haw ClUestioas for ~ yes, Commissioner Holt 12 roport roferenoes tho ~ncorrect orthnanoa and sl~'s 12 ~ HOLT Thay handed out this httlo site 13 passing out th~ annul ann now 13 plan Is flus thc aroa right hem',v~'ro talking about? 14 Oond ovemn~, Coimmssloners We a~ hero to 14 Mil. DUNN It is 15 holdapubltchennngandconsid~rar~ommendadooto 1~ l,~ls HOI.T okay Also, inthepubhchesnng 16 City Council on an an~nded d~talled plan for Planned 16 15oti¢~, one of the n~ihbors said I would hkc for them 17 Dovclopmant 22, Lako Forint Oood Samaritan Retlr~nent 17 ~o k~p as many maturo Ireez as pnss~la rather than 18 Center Th~sd~velopmentlslooatedimthesouthsldoof 18 bulldoze down the entlro lot und plant boby ~ I 19 Ryan Road, on both t~ east and west std~ of Mouteatto 19 would also like to see walidng trails, parks, and moro 20 Road m southern D~nton Tha site that is being amended 20 g~:en zon~ Ara ~ any ~ is thew anyflflng hkc that 21 Is the unrthwe~tem comer hew of tho Il) shaded in orim~n 21 planned for flus area, walking trails to go back into the 22 hem 22 lake ~ or anyflung bka that? 23 It is, as I statcA earher, it is currently 23 ~ D~ ~.t th~s point -- firat, I'd hka to 24 zoned Plauned D~velopm~nt 22 Thts zoning was eatabkshed 24 say that It is tho m~at of tho owner to bo th~ b~t 25 un May tho 5~ 19gl And this alta ts detemuned by tho ~$ n~ghbor pass,la and to accommodate as many rashes of tlx; PLANNING & ZONING COMMISSIONER ~l~, 25, 2001 Page 17 - Pag~ 20 Cond nsoltTM Page 21 Page 23 ne~hbonng residents that live there It is also our I that northwest comer? 2 dasun to maintain as many of the trees as possible and we 2 MS IviARKO ,~xactly 3 vail be planting additional ~ in this area, also We 3 MR. MCNBILL Y~th So you don't - and there 4 certainly do not intend to go in and level tl~ entt~ 4 ar~ paths As a matter of fact, I notic~l when I drove 5 site 5 down in the~, Isn't there a sidewalk that would connect 6 In terms of the walking paths, there have been 6 that to the four-story building that's tiara now, that 7 some consid~.retlons and discussions about wallong t~ths, 7 area? How will they get from there ov~r to the four- 8 both to cannot this development to the existing sidewalk 8 story building? Isn't there a sidewalk there? 9 system and Me certainly plan to do that Now, whether -- 9 MS MARKO Many of our -- It's paved. It's a 10 we've not had sny spe~lfic diseussions as of yot regarding 10 street Many of our restdents are on gol.f cm-Ls Wchavc 11 wal!ong paths to tho lake I 1 a large number of Montectto neighbors who walk that 12 NoW, from experience on working on other Good 12 through our campus on a regular basis. And while there 13 Samanten brojects in other states, that Is $0nmthmg that 13 len't a sidewalk du'ectly to that mid-n~ building that 14 has, when Wo have an opportunity llk~ that of a lake, 14 you're talking about, there IS what we consider safe 15 something that would bo aesthatically nice to have a path 15 passaga throughout our campus 16 around, tha owners have cousidered that 16 MR. MCN~ILL Yeah, I guess it wasn't a 17 MS HOLT ISn't there already a path around 1 ? sulewalk but there was a place for them to Bt ovar there 18 thatlake? Imean, l~vewalkedaroundlt Wasn'tthala 18 Okay Thankyou Counmsaloner~ do you have other 19 path? I thought it had a walking -- 19 questions for the apphcent? Corflm~ssi'oner Pashel 20 MP..[DUNN AotUally, thsnI'matsomowhatofa 20 MR RISI-IEL obviously, Mr Dunnhasl~n 21 disadvantage from you because I've not as~ally wABted 21 going to the Mike Graco School of Pubhe Speaking tn 22 around the lake Perhaps that could bo addre, s~d by Juha 22 keeping it brief and we apprecmt~ thai. Mike does a 23 Marko who'is the adrmmstrator at the facility 23 great lob for us and we appreciate yo~lr~ind comments on 24 MS,MARIIO You'renght There is a path 24 staff and tha work that they have'ir0~vath you 25 around the lake There is a path around the lake Theze 25 Mrs Marko, is it, and Mr Du~:m, I guess thc Pag~ i2 Page 24 I is not a path from the -- pnraary concern and tho thrust of wlae~ w~'re going is 2 MILl MCI, I~LL would you give your nam~ and 2 that we do appreoiat~ the fact youtve gone with less 3 address for tho record 3 dsnsity on this project than what you m~,ht I~ entitled 4 MS IMAIUCO ~uhe Marko, 904 Abbotts Lane, 4 to And any tune we have a project that comes up under 5 Denton~ Texas I'm the administrator at Lake Worth 5 old ordinances and old regulahons th~ we bad, we're a 6 There is a path around th.~ lako currently Part of It ~s 6 httle bit concerned that we're doing tl~ ve~ best we can 7 a concrete path, part of it is lust a cleared path From ? for the environment vath regard to the fact v,'~'ve recently 8 the proposed throe aerss on that comer of ottr property, 8 passext or looked to enforce a more stringent tr~ 9 there Is not inow a direr link to that path around tho 9 ordinance vathln our commumty 10 lake but the~ ere, I would ssy, 80 porcsnt of tl~ 10 And so we're concerned about tha environmental 11 distance between tha lal,~o and that area is stdewalk We 11 lssu~thatnughtb~pressntthere And ffy~u would, as 12 have clusters of cottages and chfferont buildings around 12 you plan your dcvelopmsnt, look at tl~ tlungs Don't just 13 th~ -- that are slclewa_lked 13 rubber stamp this but look at the envi.rcorrx-nt that we have 14 MS HOLT okay Thenkyou 14 und try to preserve the tluogs that v,'~ possibly cen I 15 MI~MCI~ILL, Ihaveaquestlon Iwusjust 15 thmk wc would certainly appreciate that 16 recently out there and there's not -- that's a fatrly ope~ 16 MR. MCl, mILL Very §ood Other questions for I 7 area dreads, isn't it, that northwest comer? That's not 17 the applicant? Thank you very much. Is there anyone else 18 heavily treed 18 in the auchence who would kka to adch~s th~s issue? 19 MS, MAIUCO it is not heavily treed 19 Anyone m the audience who would lille to ,~ cldress th~ 20 MP, MClaF. IL~ Right 20 issue? Anyone else? All right I vo_ll clos~ the public ll MS. MARKO Tha trces that ar~ there, there 21 heanng on tlus Agenda item then and ask s~aff ff they 22 are some larger trees but thay are against the fence hue 22 have any closing comments ~3 towards tho baok It's very opSn right now 23 MILGRAC!~ Yes Oneadditwnalo-..~ent ~4 MR~ MCh'~ILL And So the ouly thing you're 24 After spe. alang vath the Caty attorney, he dlrectsd staff 2~ really proposing at this point is to modify tho PD for 25 to add a condition to ensure that the new development PLANNING & ZONIN~O COldMISSIO~R ~ 29. $, 2001 Page 21 - Page 24 Condcnscltr~ Page 25 Page 27 I comph~s with tha ongmal Plaan~ I~ve. lopmest approved by I MR SNYDER In {he project 2 Ordinance Not 8150 which has b~u paes~d out aL,~ady 2 MR WILLIAMS In thc project, because I'm 3 Marcy is now,passing out that am~d~d mot~an And it 3 p~ttmg different mform,,!~ou from different developments 4 reads, I move to ~commecd approval of Z-01-0001, Lake 4 MR. SN'YDr~ ~ e JUSt had one recently that 5 Forest (load Samaritan, with the condition t~at tho duplex 5 lmutcd it to 55 1Vow, this ~s the understandmg that you 6 d~velopmant ~ohislvely serve a~mor oluzens 6 have visitors but as far as r,~deots, people that arc 7 Ms. MC~It.L i don't sas any hgh~s so I have 7 l,vmg there, yes, you can resI:nct ,t by ago eo load as 8 a que$tloil I haven't had tulln to lmmd this or&uance 8 you dctcmune that there's a shortage of senior housing In 9 Is that what thc origmal ordinance was, for senior 9 the community 10 cmzens? 10 MR. MCNEILL I thlllk Comnttssloner Williams 11 Mic ORAC~ yes, ~xactly 11 still has thc floor 12 MICMC~tLL okay Camm'islellefP~sh~ 12 MR. WILLIAMS ~obodyanswemdmyquestion 13 t~ msa~u t'mjust won&nng if wa can do 13 My question Is 100 percent people over 62 That's my 14 that vath thn faot that uuder an Equal Housing Opporlual~y 14 question 15 Act -- and l appreniato flx~ input frumkgalecthatand 15 MR SNYD£R 62orolder, yes i6 .]ustwanttomakesurolhaveelanficaUou $owhanMr 16 MR.WILLL. kM$ 10op~gent? i7 Le{galgetshack, wo'll ask him - Mr Suyder 17 MR.$NYDER YeS 18 MI~MC~II.L Mr Suyder, do you uuders~and 18 MR.W1LLL~.M$ 19 whatthaqu~heois? lhadas{-'~''l~r- 19 MR MCNEILL Co~m,~slou~l'Rlshel 20 M~. SNYOm~ We havn to det'me senior 20 Iv~ RISHEL. What I th,ak I heard you say ~s 21 cit~zans it's too vasu~ We had oae that was approv~d 21 thattheync~ttoshowthattl:~l~haslx:enastlrveydon¢ 22 h~r~ awhil~ back, as I recall, ~at had a 5~ y~ars of asa 22 m order to prove that up, Lq t.hat correct? I'm not quite 23 or old~r, is that carrot? If v~ define it that way - 23 sure what the stipulation tha~ you 24 M~ ORAC~ well this clement, I believe 24 MR. SNYDER NO, yOU doff~ha~e to do a 25 ~ ! spokn with the appNcant and I was reformed ~hat this . 25 survey You just have to r. zlce a -- when the Courted Page 2(5 Page 28 I development would serve ages 62 and up ultimately - this is going to go on to Councd When 2 MR. 8NYDER, Whatever the apphcant ts 2 thvy ulumately dec~de ~ case. an long as the~ is s 3 asreeable with, if he wants to put 62 and uP 3 shortage, you don*t ncces'sax~l~ l~ave to make a f'mchngTM 4 MR. MCNEILL $0, then, [ega-~ what Y0u~re 4 you can, an long as thc~ Is a shorla~ of santor housing 5 saying ts v~ need to del'me samor cuttzeos for tlus 5 in the community, the com~s have smd that you can put 6 complex as m~wduals older t~n 62, 62 or older~ 6 ag~ rcstnauons on zomng. 7 MR.ISNYDER Yeah. ! ~otlld .lUSt say that it 7 M~ IUSH~L. Ho~ do ~ know that vnthout that 8 would exclt~stve[y serve senior c~ttzens ago 62 or over 8 being something that would be - 9 MR. MCNBILL COllmlls$1on~l' Wl.[halll8 p MR. SNYDE~. we{l, lypw. atly, th~u'S a 10 MR,WILLIAMS iguasslhaveth~sameconeoru 10 p~sumpflonofvahchtymor~m,~nces So ff somebody 11 that Commissioner Rlshel has Now, I tl~,,k there's I~ I 1 wantc~l to challen~ ties nuisance, ~ would have to 12 1Luut to how many senior citizens you can have under th6 12 challcnsn it and tl~ burd~m would be on th~m to show that ! 3 ]Fal.r Houslllg law~ lga'l~ there? 13 thm'e was a shorta$~ - I ~can. t~t ~ wasn't a 14 MR SNYDER What the law basically says is 14 shertal~ 1 ~ that ff you deternun~ or make a f'mdiu8 that there's a 15 (coM~ss~o','m~,',loR~,'o ~mlslu,rr ) 16 no~d or the~s a 8hartke of 8~l~tor housmg within your 16 MP.. MC~,'EILL. ~ no addmonal hgh~ 17 comraumty, then you're entttled to put a8¢ restrictions on 17 Cou~uussam~r Mor~ao 18 zoumg cas~s 18 M~ ~ioiuu, o- v~ah. l~r Cha, nnan, sorry, I 19 MR, WILLIAMS 100 percent? 19 came in lai6 20 lv~ SNYDER pardon n~e? 20 M~ MC~.'EU.C. 'that's all nghi 21 MR, WILLIAMS 100 p~rcent? 21 ~ Moa~,'o- ?be pubhc uot~c~ r~ponses, you ~2 MR, $NYD'~a I don't undersland what you Inean 22 had two oppes~I and nun ~oltml, has thc~ b~a discussion 13 by 100 p~rC~nt 23 about thee bci'oro I cam~ m as lo why they wemu oppos~ ~4 MI~. WILLIAMS in other words, 100 perceut, 24 or anythmg of that uattu~? ~ everybody has to be semor cltizras that hvo there? 2~ M~ M~'~, ,- vhc~ ~ not. _ PLANNING & ZONING COMMISSIONBR 30. 25, 2001 Page 25 - Page 28 CondenscItTM Page 29 Page 31 I MIL mSHEL MS Holt questioned several of I ~. o~.nc~ vh~ ~ a ~1 of 73 co~y 2 ~o~ 2 no~c~ m~ out and a ~1 of 20 ~al nohc~, 3 MS~ HOLT I ~t ~d what ~at on~ p~on 3 m~g - 4 ~o~ about ~o~ ~tw~on~on 4 ~s~u w~goby~o~of~ 5 ~ MO~ okay So, ~. ~, do ~ ~ow 5 W~ ~n't ~ by ~g~ 6 why ~ 0~ ~o ~ple ~ oppo~? 6 ~ ~r ~d ~ wh~ ~o ad~s~ 7 M~ O~C~ ~y ~'t provide any ~ts 7 ~ 1~ at ~ ~ ~ ~low ~o p~cent probably 8 ~eyj~t~t~on~back~m~kMoppo~ I 8 s~msa~u ogay ~a~you 9 d~d ~ive~a ~uple of phone ~lls about ~e pwj~t ~d 9 ~ ~mu ~sslon~, do you 10 ~eyw~j~tc~o~towhat~prop~,whe~er~t 10 ad&~onal~cuss~on? ~you~dytovo~? Vo~on 11 w~multt-f~lyorw~tnot Andlmfo~o~ ~b~pl~se Motlonpass~6$ 12 m~wdu~s ~t ~ ~t It ~ going to be 13 ~ns~ctton of ~t dup~ And on~ I explam~ 14 ~t, ~ ~ no obj~aons But I'm not for s~ ff 15 ~o~ m~vid~ ~t ~M ~re ~e ~e ~t ~il~ m 15 16 ~e ~on~ 16 17 ~MO~O O~y Bo~of~oppo~ 17 18 ~n ~e 200 f~t, m ~t ~t? I 8 ~0 ~ MO~ ~d ~d you ~pute a ~e? 20 ~1 ~ o~c~ NO, ~ dd not ~mpu~ a 21 ~2 p~e ~t of ~ nm~ -- 22 23 ~yo~o wejust p~ ~t ~ got~ to 23 14 be well ~o~ of ~e 20 ~t? 24 Page 30 Page 32 I co~y no~ ma~M out ~d 101~1 no~ ~il~ ~ s~ rMs is ~ st~ 2 out t ~ ~t s~de of ~sch Branch Road ~ 3 ~ MO~ O~y ~ p~os~ for an asp~lt phm 4 ~ M~L ~m~tssion~ App~ 4 : p~ose of ~ ann~ahon, ~ ~ ~ avoid 5 ~s ~ ~ ~y~a mohon 5 ~ta si~ 6 ~ Y~u o~y ~y M~onal qu~ons 6 ~ acco~ng 7 for s~ ~ ~L I ~ cbs~ ~ pubic ~ 7 P~ ts -- a ~st ~ w~t p~ ~ 8 ~ a ~s point ~d ~ ~ ~ss~on tf ~ ~w a 8 ~uon ~* 9 mohon or a~ho~ ~slon 9 ~ ~t 10 ~ ~ ~'m ~dy ~ mo~ I0 11 ~M~L ~g~t~d 11 12 ~s ~L~ Imove ~ ~o~d approyal of 12 sm~f~ ~, ~Hbc 1 5 13 Z~I~001, ~e ~t ~ S~n, ~ ~e condihon 13 d~l~s ~ ac~ 14 ~at ~c dup~ ~Iopm~t ~cl~lvely s~ s~tor 14 15 cmz~s 62 ~ ofa~ ~ o~ 15 ~p~ 16 ~ ~nd 16 ~t~ s~ 17 ~ ~ a's ~ movM and s~on~ 17 18 ~ ~e con~o~ ~ m~ ~t ~ apple ~s ~ 18 ~ ~'~ 19 l~ ~ ~ ad~on~ ~sc~sion? ~ssion~ 20 ~shcl 20 so~, 21 ~ ~ I ~d ~e ~ ~ c~cagon 21 22 on ~c p~n~ of op~s~on ~f~ I ~ a vo~ ~ 22 24 ~ ~L ff I ~ w~at ~ ~e sai~ for ~e si~ ~'s no c~en~ from 25 ~'s 22 ~a~!~ o~ ~ ~ ~ opposition B~ ~ n~ PLA~G ~ ZO~G CO~SSIO~R ~ 3'~n, 2001 Page 29 - Page ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 81- 50, TO PROVIDE FOK A DETAILED PLAN FOR 3 4 ACRES LOCATED WITHIN THE PLANNED DEVELOPlvI~NT 22 (PD-22) ZONING DISTRICT AND LAND USE CLASSIFICATION TO PROVIDE FOP` A SENIOP` CITIZEN DUPLEX DEVELOPMENT, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORN-ER OF P`YAN ROAD AND MONTECITO ROAD IN THE CITY OF DENTON, DENTON COLrNTY, TEXAS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF, AND PROVIDING FOP, AN EFFECTIVE DATE (Z-01-0001) WHEREAS, on May 5, 1981 by Ordinance 81-50, the C,ty Council approved a Concept Plan for 157 acres located m the Planned Development 22 (PD-22) Zoning District and Land Use Classification, as more particularly described thereto, and WHEI~AS, on October 12, 2000, The Evangehcal Lutheran Good Samaritan Society submatted a Detmled Plan for 3 4 acres located w~thm the Planned Development 22~P~D-22) Zoning Dmtnct w~th the intent to develop a semor citizen duplex development, and WHEREAS, on Apnl 25, 2001, the Pla~n,ng and Zoning Comnnsslun recommended approval cfa Detaded for such 3 4 acres, and WHEREAS, the City Council finds that the Detmled Plan is consistent wth the approved Concept Plan for PD-22, that there is a shortage of semor citizen housing m Denton, and the Detailed Plan is consistent w~th the 1999-2020 Denton Comprehensive Plan ("The Denton Plan'S, NOW, TH K FOK , ~ COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance 81-50 prowdmg for the approval of a Concept Plan for the Planned Development-22 (PD-22) Zo. mg Dmtnct Classlficatmn and Use Designation is hereby amended by approving the Detmled Plan attached hereto and incorporated herein by reference as Exlnblt B for 3 4 acres located within PD-22, more particularly described by the legal description attached hereto and mcorporated hereto by reference as Exlnb~t A, subject to the following concht~on The duplex development authorized by t!us ordinance shall exclusively serve semor citizens, age 62 or older SECTION 2 The provmlons oftlus ordinance as they apply to the 3 4 acres shown m the Detmled Plan shall govern and conirol over any confhcting provisions of Ordinance No 81-50, but all thelprowslons of Ordinance No, 81-50 not m confhct w~th tlus ordinance or to the extent they apply to that remaining poraon of the district not hereto amended, shall cuntmue m force and effect and shall apply to the rem.ruder of said district 32. SECTION 3 A copy oft}ns ordinance shall be attached to Ord,nance No 81-50 sho~vmg the amendment herein approved SECTION 4 Any person violating any prowmon of th~s ordinance shall, upon conwct~on, be fined a sum not exceeding $2,000 00 Each day that a prov, mon oftlus ordinance ~s wolated shall constitute a separate and &st~nct offense SECTION 5 If any section, subsection, paragraph, sentence, clause, phrase, or word m thru ordinance, or apphcahon thereof to any person or c~rcumstances ~s held mvahd by any cou~t of competent junsdlct~on, such holding shall not affect the vahdlty of the rema, mng por~ons of flus or(hnan~e, and the City Council of the C~ty of Denton, Texas hereby declares ~t would have enacted such remmn,ug po~ons despite any mvalxhty SECTION 5. Thru ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C,ty Secretary is hereby d~rected to cause the caption of tins ordinance to be pubhshed twice m the Denton Record Chromcle, official newspaper of the C~ty of Denton, Texas, wth~n ten (10) days of the date oflts passage PASSED AND APPROVED tins the day of ,2001 El/LINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY' APPROVED AS TO LBGAL FORM B~RB~Y ATTORNEY 33 04/27/01 10:26 FAX 9403879784 L.~ndmark Stlr~e} [~]02 EXHIBIT A FIELD NOTES 3.420 ACRES BEING all that certain lot, tract or parcel of land s~tuated m the fhomas Labar Sun'eY, - Abstract Number 779 and the Nathat~lel Britton SUr~ey, Abstract Ntu~r 51, in the City and C0ltnty of Denton, Texas, being a part of Lot 1, Block A, Lake Forest Good San~ritan Village, an adchtton to th~ C~ty of Denton, Denton County, Texas, a~cordm8 to tlg plat thereof recorded m Cabinet F, Page 36, Plat R~cords, Denton CotmD; Texas, and being mor~ partleularly describe, d as follows: BEGII~ING al an ~ron rod iound for come~ tn the south line of Ryan Road, a pubho roadway having a right-of-way of 75.0 feet, saki pohlt beang the northwest congr of said Lot 1 ofsa~d Addition, THENCE N 89°54'12" E, 3 ! 7.80 feet with sag south line of said Ryan Road to a point for corner irt the west ~ arMenian|to Drive, a pubho roadway having a right-of, way of 90,0 THENCE S 00°04'00" W, 108.44 feet wzth oaid west hne of sa~d Dr~e ~o a porn! for comer; THENCE along the arc cfa curve to the right having a can~al angle of49~00'00''. a radlu~ of 445,00 feet; an arc length of 350,$? feet, whose ~ord bears S 24°34'01'' W, 369.0g feet with said west line of said Dnve to apomt for comer, THENCE S 49°04'00" W, I 1 80 ge. et with said west hae of smd Drive lo a point for corner; THENCE along the arc cfa curve ~o the lee having a central angle of4~°42'55", a radiu~ of 4~0.50 feet, an ar.c. length of 366 03 feet, whoso chord bears S 24~21'50' 35510 feet with said west line of satd Drixg to a point for corner; THENCE S 00°04'50'' W, 4~4.60 feet with said west hoe of said Drive to a point for come4', THENCE ~long the arc of a curve to the right havag a central angle of34~05°19' a radius of 57.65 ~et~ an arc lengthof34.32 f~el, ,~hose chord bears S 17~07'30' W, 33 g I I feet with said west line of said Drive to e paint for comer, THENCE N 00°04'50" ~, pass at 0.66 feel an hx~n rod found for corner inthe west Me of said Lot I of said Addition, co~ttnuing with said west line ofsagt Addition ~ distance of 1261.70 feet to the PLACE OF BEGINNING and contah~lng 3.420 acres of land 34. Ill 38. AGENDA INFORMATION SHEET ~gendaNo_ Ago~6a It~m~- AGENDA DATE: May 15, 2001 DEP~TMENT. Plying D~ent / CM/DC~ACM. David H~ll, 349-8314 SUBJECT - A-01-0001 (Denton ISD) Hold the second of two pubhc hearings regarding a proposed voluntary annexation and service plan for approximately 77 5 acres of land located north of Loop 288, east of Stuart Road and west of Sherman Drive in the extraterritorial junsthctlon of the City of Denton, Texas BACKGROUND The property is owned by Denton Independent School Dlsmct, which has requested that the property be annexed The entire tract &property owned by DISD ~s about 120 4 acres m size, of these, approximately 42 9 acres are already within Denton c~ty limits (see Attachment 1) The proposed annexation would bring the rest of the property within the city The property currently undeveloped DISD's stated purpose of the annexation is to construct an elementary school, a m~ddle school, a sports stadium, an indoor natatorium, an outdoor aquatic center and a park with playing fields (see Attachment 7) The City of Denton's Parks and Recreation Department would assist in the construction and operation of some of these factht~es under a joint-use agreement w~th the school district The zoning at the time of annexation will be Agricultural (A) if the existing Zoning ordinance is still in effect at that time If the draft development code is ~n effect at the time of annexation, the zoning would be Neighborhood Center Residential (NCR-4) The development as proposed will reqmre pubhc improvements The following ~s a preliminary list of those ~mprovements which may be triggered by the platting process I Right-of-way dedication along Sherman Drive, Long Road and Stuart Road 2 Possible participation m a future traffic signal at Sherman Drive and Long Road 3 Construction of internal streets 4 Construction of sidewalks along all public streets 5 Extension ofpubhc utilities to service the development 6 Posmble upmzmg of existing public utilities 7 Installation of fire hydrants 8 Dedlcatmn ofpubhc utility and drmnage easements 9 Construction of city-operated parks and recreation faclhtles In accordance w~th the City's annexation pohcy plan, approved m June 1993, the City "assess on'a case by case basis the annexation of areas in the ETJ when s~gmficant developments are proposed" OPTIONS 1 Approve as submitted 2 Approve with condmons 3 Deny 4 Postpone consideration 5 Table item RECOMMENDATION The Denton Plan anticipates th~s property to be within a Neighborhood Centers area Since th~s property ~s outside the city hmlts, annexation ~s the logical step to ensure development consistent with The Denton Plan This annexation would prowde the C~ty of Denton the authority to regulate land use based upon zoning classification Annexation would also be appropriate due to the fact that city facilities are proposed to be located on th~s property Therefore, staff recommends that the City Council conduct a thorough analys~s regarding this request for annexation PRIOR ACTION/REVIEW (Counell~ Boards, Commissions) April 10, 2001 City Cotmcfl institutes annexation proceedings May 1, 2001 City Council holds first public heanng FISCAL INFORMATION None at thas time ATTACHMENTS 1 Locatlon Map 2 Zomng Map 3 Denton MobIhty Map 4 Departmental Service Analyses 5 Serwee Plan 6 Petition for Annexation Respectfully submitted D~rector of Planning and Development Prepared by ~Thomas B Gray Planner I ATTACHMENT 1 ~ NORTH A-01-0001 (Denton lSD) rE LOCATION MAP Agenda Date May 15, 2001 Scale None ATTACHMENT 2 ~ NORTH A-01-0001 (Denton lSD) ZONING MAP Agenda Date May 15, 2001 Scale None 4 ATTACHMENT 3 ~ NORTH A-01-0001 (DISD) 288 DENTON MOBILITY PLAN MAP Freeways . Primary Major Arterials ,,' '~,,/Secondary Major Arterials Collectors Agenda Date May 15, 2001 Scale None ATTACHMENT 4 A-01-0001 ANNEXATION SCHEDULE February 19, 2001 Staff receives annexation pebt~on Apn110, 2001 City Council receives a preliminary assessment, g~ves d~recbon to staff and conmders approval of a schedule for public hearings regarding the proposed annexation [3 Prellmmary Annexabon Assessment prepared ~ Annexation Schedule prepared Apn114, 2001 Nobce published in Denton Record-Chromcle for first public heanng ~ Notice sent to newspaper by noon on Apn111 ~ Annexation Study prepared and available for pubhc review ~ Service Plan prepared and avmlable for public review Apnl 28, 2001 Nobce published in Denton Record-Chronicle for Planmng and Zomng Commission public heanng [3 Notice sent to newspaper by noon on April 25 May 1,2001 City Council conducts first public heanng · Public nobce must be no less than 10 days and no more than 20 days before public heanng April 28, 2001 Nobce published ~n Denton Record-Chromcle for second C~ty Council public heanng a Notice sent to newspaper by noon on April 25 May 9, 2001 Planmng and Zomng Commmmon holds a public heanng and considers making a recommendabon to the City Council regarding the proposed annexation and the proposed zoning · Public nobce must be no less than 10 days before public hearing May 15, 2(~0~~ second public hearing · must be no less than 10 days and no more than 20 publtC heanng June 5, 20(31 City Council by a four-fifths vote ~nst~tutes annexabon proceedings F~rst reading of annexation ordinance · Action must be more than 20 days after the second pubhc heanng but less than 40 days from the first public heanng June 16, 2001 Publication of annexabon ordinance ~n Denton Record-Chromcle [3 Text sent to newspaper by June 8 to ensure ~ncluslon July 17, 2001 C~ty CouncIl by a four-fifths vote takes final action Second reading and adoption of the annexation ordinance · Council action must be more than 30 days after pubbcat~on of ordinance and less than 90 days after council msbtutes annexation proceedings ATTACHMENT 5 CITY OF DENTON ANNEXATION PLAN FOR A-01-0001 (DENTON 1SD) I AREA ANNEXED The annexation area is located in the northern portion of Denton's Extraterritorial Jurisdiction and contains approximately 77 5 acres generally located north of Loop 288, south of Long Road, east of Stuart Road and west of Sherman Drive II INTRODUCTION This service plan has been prepared m accordance with the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Municipal faclhtles and services to the annexed area described above will be provided or made available on behalf of the C~ty in accordance w~th the following plan The City shall prowde the annexed tract the levels of service, ~nfrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available m other parts of the city with similar topography, land use, and population density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A Pohce Protection, Code Enforcement, and Animal Control Pohce service, including patrolhng, response to calls, and other routine functions, will be prowded to the property upon the effective date of the annexation using ex~stlng personnel and eqmpment Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation B Fire Protection F~re protection (w~th~n the limits of existing hydrants) and emergency medical services will be prowded to the property upon the effective date of the annexation The C~ty of Denton will prowde emergency Medical services, ("EMS") C Road and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the C~ty of Denton on the effective date of the annexation New traffic control devices will be installed as approved by the Denton C~ty Council Installation and mmntenance of street signs, street hghting and traffic control devices will be maintmned by the C~ty of Denton on the effective date of the annexation C Parks and Recreation Facilities Parks and recreational facilities ~n the area to be annexed will beg~n upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan No parks are currently located within the proposed annexation area Existing Denton neighborhood park faclhtles are at Evers Park and Avondale Park, which are located within reasonably close distance of the proposed annexation area Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs Future park faethtles are proposed for this annexation site D Library Services Library services will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar library facilities are mmntmned throughout the city E Building Inspections and Consumer Health Services Budding inspections and consumer health services will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered Incomplete construction must obtmn building permits from the Building Inspections Department of the City of Denton F Planning and Development Services Planning and development services will be will be made available on the effective date of the annexation The Planning and Development Department currently services this property by way of administration of Chapter 34 of the Code of Ordmances, concerning subdivision and land development regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land m the city and its ETJ, and the subject tract is part of an Neighborhoods / Infill Compatibility Area No Environmentally Sensitive Areas (ESAs) are located on this site The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with avmlable infrastructure, and by preserving floodplains as environmental and open space comdors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed 1V UTILITY (RATEPAYER) SERVICES A Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste servme provider in the City The Department is an entirely fee based operation and received no resources from taxes Solid waste collection service will be provided to the property upon the effective date of the annexation using exlstmg personnel and equipment Residents have the option to choose between a private company or service with the City of Denton The City of Denton Solid Waste Department will honor existing 8 contracts with private solid waste service prowders after the effective date of th~s annexation m accordance with Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office and submit a request/apphcatlon for service Currently the site contains one vacant resldentml structure B Water/Wastewater Facilities Mmntenanee of water and wastewater facthtles m the area to be annexed that are not w~thm the service area of another water or wastewater utility will begm upon the effective date of the annexation using ex,sting personnel and eqmpment Currently, the area to be annexed is not provided with any water or wastewater systems, and no City of Denton water or wastewater lines ex~st m the annexation area The City shall prowde a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available m other parts of the caty w~th topography, land use, and population density s~mflar to those reasonably contemplated or projected in the area C Drainage Services Dramage maintenance will be provided to the property upon the effective date of the annexation The City shall provide a level of drainage services, infrastructure, and infrastructure mmntenance that is comparable to the level of serwces, infrastructure, and infrastructure maintenance avmlable an other parts of the mty w~th topography, land use, and population density similar to those reasonably contemplated or projected ~n the area D Electrical Servaces Denton Municipal Electric ~s certified by the State and ~s obligated to provide electric utility service to the annexation area should a request be made by a property owner Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar faclht~es are mmntalned throughout the city Denton Municipal Electric ~s the current electric service provider for this site V, OTHER SERVICES Other services that may be prowded by the City, such as mtunc~pal and general adm~mstrat~on will be made available on the effective date of the annexation The City shall prowde a level of services, infrastructure, and infrastructure mmntenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available m other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of adtht~onal water, sewer, street, and drmnage facilities will beg~n within two and a half (2 ½) years unless certmn services can not be reasonably provided within that period If certain services can not be reasonably provided, the City will provide those services within four and a half (4 ½) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the City Construction of other capital improvements shall be considered by the City as the needs dictate on the same basis as such capital improvements are considered throughout the City VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in tins plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different charactenstms of topography, land use, and population density are considered a sufficient basis for providing different levels of service VIII TERM This service plan shall be valid for a term of ten (10) years Renewal of the service plan shall be at the discretion of City Council IX AMENDMENTS The service plan may be amended if the City Council determines at a public hearmg that changed conditions or subsequent occurrences make this service plan unworkable or obsolete The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) 10 ATTACHMENT 6 The undersigned does J unsdicuon of the City of Denton, Texas The dshown on the attached map The · accurate and assumes respous~bthty for the completiol d information prior to sched~ed action on the request of the City of Denton 1 Is petition being matiated by owner(s) or majority of regastered voters m area of request? Yes If no, what is the status of the applicant? Owner's Consultant 2 How many dwelhng units are located wtthln the area requested for anaexanom~ 0 3 How many busme~ssea or non~resldanual land uses are locased wxthm the area of request? 0 Please prowde a gq-.nd description of these land uses mdudmg the names of the businesses, ff known Currently agnioult~-al useage (fallow) Proposod uses Aquatm center (mdoer and outdoor factht~es), Sports stadmm, Elementary school, M~ddle school and Cxty park wth playlnglflelds Devdoped and operated by C~ty of Denton and Danton I S D ~ 4 D~esarea~freques~i~dudeanyterr~t~ryw~thmthecnyhm~s~rextra.ter~t~na~junsd~cu~n~fan~thercaty?N~ Ifye%which city? 5 Estimated population of the area m request 0 Aduks 0 Children 0 Number of Registered Voters: 0 6 &.t the time of this petmon, have any other annexation procedures be~n mluated {or all or any part of the area requested m this ,etmon? No If yes, please explain the procedures begun and th~ s~atus Does a water ~upply chstnct he w~thin the boundaries of the area propozed for ~--exation? No What zomng, if any, other than agncukural (A), ~s being requested x.nder sep~xe application? Applicable zoning to be determined by clly staff ~hat ~s the purpvse of the ~-~o,,~-~ To bnng the proposed development oftlm area under the control of the C~ty of Danton ANNEXATION PI~i'iT~ON PAGE 2 Apphc~t WdltamM Coleman Compmy Surve¥ors&EngmeersofNor~hTexas Address 1621 Yuuguda ~ Tel 940 482 2906 P~ 940 482 2911 C~ Pgnder State ~ ~ 76259 Em~ wcolem~s~tco~ ~m Prope~ Owner Denton I S D ~mp~y Ad&~s 1307 North ~ Tel 940 387 6151 Ci~ D~toa S~a~e Tx ~ 76201 En~neer See Apphc~t ~o , Comply Ctw. S~ate ~ Em~ SIGNA~ OF ~OP~ O~R~ ~P~ For D~a~ental Use Only (Sm~ ~ ~ qX ~U~/ owns) PLANNING & DEVELOPMENT 12 Agenda Ite~ ....... AGENDA INFORMATION SHEET AGENDA DATE' May 15, 2001 DEPARTMENT' General Government CM/DCM/ACM. Mike Conduff, City Manager SUBJECT' Consider approval of a resolutmn estabhshmg the maximum rates that Charter Conunumcatmns may charge its Denton cable television subscribers for the basic service tier, changing tiers, and associated eqmpment, estabhshmg a maximum hourly service charge, providing a severablhty clause, and providing an effective date BACKGROUND. The City is certified by the Federal Commumcatlons Commission (FCC) to regulate the following cable television rates only basle cable service, associated eqmpment, changing tiers, and the hourly service charge Under the current franchise agreement, Charter Communications has agreed to file for new rates only once per year The city received the appropriate FCC Forms (1240 and 1205) on March 2, 2001 The City has one year from that date to ~ssue a rate order estabhshing the maximum rates that Charter Commumcatmns may charge However, if the Council does not set the maximum permitted rates prior to June 1, 2001, Charter Commumeatlons may implement their filed rates on June 1, 2001 In their fihng, Charter Commumcations indicates that new rates are the result of"certaln external costs, 0 e, programming), inflation, true-up adjustments and increased cost associated with delivenng cable service as allowed by the Forms 1240 and 1205" FCC Form 1240 calculates the maximum permitted rate for basic cable service Form 1205 calculates maximum permitted rates for cqmpment, changing tiers, and the hourly service charge ADA/EOE/ADEA www c~tyofdenton eom (TDD 800-735-2989) 5/8/01 Cable Rates Page 2 of 3 A comparison table of Charter Communications existing Maximum Permitted Rates (MPR), their proposed MPR's and staff's recommended MPR's follows Item Current MPR Proposed MPR Recommended MPR Basic $9 90/month $9 78/month $9 78/month Digital Convener $8 80/month $3 96/month $3 95/month Non-addressable $1 19/month $1 19/month $0 98/month Converter Addressable Converter $4 13/month $3 96/month $3 95/month Remote Control $0 18/month $0 20/month $0 20/month Changing Tiers $2 00 $2 00 $2 00 Hourly Service Charge $20 35/hour $23 89/hour $22 12/hour Unwlred Install-Aerial $34 86 $42 52 $39 37 Unwlred Install- $45 04 Underground $45 39 $42 02 Install-Prewlred $19 25 Reconnect $25 56 $23 66 A/O at time of Installation $10 86 $13 86 $12 83 A/O Return Tnp $18 91 $25 56 $23 66 Truck Roll $15 18 $22 22 $20 57 Digital Install-Aerial $55 21 $50 89 $47 11 Digital Install- $65 39 Underground $53 75 $49 76 Digital Upgrade $41 30 $33 92 $31 40 D~gltal A/O at time of $11 20 Installation $20 07 $18 58 Digital A/O Return Trip $20 61 $31 06 $28 75 Charter's filing indicates that they intend to lower the basic cable service rate $0 12 per month ($9 90 to $9 78) Their filing also contmns a decrease of $4 84 for the digital convener rental ($8 80 to $3 96) The filing does not propose any change to the $1 19 rate for the non- addressable converter rate Last year Charter began to phase out all addressable conveners, however in the past Council has decided to set this rate anyway This year Charter again does not intend to offer these addressable conveners Their rate for changing tiers remmns the same, while their remote rentals will increase $0 02 ($0 18 to $0 20), and the hourly service charge will increase $3 54 ($20 35 to $23 89) Regarding the hourly service rate, it should be noted that Charter has set certmn time standards for certmn types of installations which we asked our rate consultant to examine Connie Cannady, of C2 Consulting, has analyzed the cable operator's proposed rates for basic cable service, converters, remote controls, changing tiers, and the hourly service charge Staffls in agreement with her recommendations listed in the last column of the table above Her report is also attached for your review ADA/EOE/ADEA www mtyofdenton corn (TDD 800-735~2989) 2 5/8/01 Cable Rates Page 3 of 3 OPTIONS. 1) Approve the rates as filed by Charter Communications prior to June 1, 2001 and they will go into effect on June 1, 2001 2) Approve the rates recommended by C2 Consulting prior to June 1, 2001, and those rates must be implement by Charter on June 1, 2001 However, Charter Commtmmat~ons may attempt to obtain an order by the FCC or a court staying the effectiveness of the City's rate order and thus allowing implementation of thc filed rates 3) Take no official action pnor to June 1, 2001 and Charter Communications may implement their filed rates on June 1, 2001 If Charter Communmatlons implements their filed rates on June 1, 2001, and if Council approves lower rates after June 1, 2001, then Charter Communicat~ons must ~mplement the lower rates immediately Again, Charter Communications may attempt to obtain an order by the FCC or a court staying the effectiveness of the City's rate order and thus allowing implementation of the filed rates However, if the FCC or the courts uphold the lower rates, Charter Commumcatlons would have to rebate the difference to subscribers or factor the overcharges into next year's calculatxons RECOMMENDATION Staff recommends option #2, approving rates as determined by C2 Consulting PRIOR ACTION/REVIEW (Counell~ Boards, Comm~ssion)' City Council Work Session Apnl 24, 2001, Pubhe Heanng held May 1, 2001 FISCAL INFORMATION' Higher rates would impact subscribers City receives 5% of Charter Commumcations gross revenues as franchise fees Respectfully submitted B~tty W(lha~s Director of Management and Public Information Prepared by ~oalrleSaJtlron Officer Attachments 1 Report from C2 Consulting ADA/EOE/ADEA www c~tgofdenton corn (TDD 800-735-2989) 3 05/08/01 TUE 14 43 FAX 0727260212 C2 CONSULTING ~]002 ILTING SERVICES, INC. 7801 PencrOaa Ln Tel (972) 726-7216 Dallas, Texas 75248 Fax (972) 726-0212 May g, 2001 Mx Jotm Cshreles Pubhc Informal]on Officer City of Denton 215 E Mcle~nney Denton, Texas 76:201 Dear Mr Cabralos U2 Consulting Services, lnc ("C2') bas completed its sn=lysis of the FCC Form 1240 and Form 1205 filed wth the CI~' of Denton ("City") by Charter Commumcauons ("Cheer" or the "Company") As noted m the Alml 19~ prolrmmmy report, C2 ldentflied several issues w~th resp=ct to Chartar's proposed basic serwce and equipment and installation rates Based on addmonal dats provided by ChArter, as well as several &scussions concerning tho rate compumuons, ¢2 vro~des the following fint~nSs and recommendauons This study does not constitute an ©~tsmmatlon of tho financial conthllon of Chmlar or Its parent company Therefore, C2 canuot end does not express any posmon w~th regard to the accuracy or vahthty of the f;n=ncial mformvamn provided by ChArter dunng the course of the analyses Form 1240- Basic Service Rate AS noted tn the April 19~ report, ChArter used estunated subscnber counts to perform the "true- up" computatwn m the Form 1240 filing Tins is clearly inappropriate, as the FCC regulations requtre that all tree.up computations be based on actual dat~ In the instant filing, replacing the estunated subscribers w~th actual counts does not change Chaner's proposed rate for basic se~ace of $9 78 Therefore, C2 recommends that the City adopt the $9 78 rate as filed by the Company However, m future filings, tho City should teqmre that Charter use only actual data m the development of Its tree-up computations FOrm 120S - Equipment and Installation Rates As noted m the April 19a report, there remain two key issues with respect to the Form 1205 rat~s · ChArter incorrectly included costs that ware not previously unbundled f~om the pro~*,mm8 rates · Charter mapprepnately a~regated eqmpmant costs for converters 4 05/08/01 TUE 14 43 FAX 9727260212 C2 CONSULTING ~003 M~ John Cabrales May 8, 2001 Pa~o 2 I laappropriste Costs Included in Schedule A Charter menrrectly included a sl?,ficent amount of cap~t~h~ed overhead end labor tn ~ts determination of Schedule A costs to be included m the Hourly Service Charge ("HSC") Charter originally responded that these amounts represented only the m~enses in such cap~tahzed costs that have occurred smce the 2000 rate filmS However, dunng further d~scusmons w~th the Compuny, C2 explamed that, v, uthout supporting documantat~on regerdm§ the Bresnan and Falcon Form 1205 ~hn~s, (demouslra~n§ that such costs had been unbundled from the pro~mmmm~ ra~es), such capttahzod costs should be ~xcluded 1 C2 r~quested that Charter prowdc ~ho merementsl cap~tahzed costs for Brasnan and Falcon for the year 2000 end 1999 in order to determine ~f Charter could approlmataly include eny of the costs ~omoved m C2's prelunmary ~nAlys~s Because both of these compames had been acqmred etther at the end of 1999 or early 2000, Charter could only show that pomon related to the 1999 fiseal year Capltsb~ed labor for 2000 essenually was relsted to Charter combined operations Because Charter was able to dotenmne the 1999 cap!tabzed porUon of labor expense (but not the c~p~(sh~ed labor balance as of yenr-end 1999), C~art~ was able to estunate the tmpact of including the 2000 incremental costs on Schedule B ~ Based on the estm~e, Charter showed that the rasultmg HSC could actu,,all~ be shff, htly lugher then originally filed by the Company ($23 95 versus the filed rate of $23 89) However, because the Company filed the cap~t~hzed labor on Schedule A, C2 continues to evaluate the data vnth respect to fins approach rather than the Schedule B alternative Further analys~s end &seussion w~h Charter representaUvas led to the following assumptions and computations · Assume that the capttahzed labor balences reported by Charter for acqmsrtton ad&eons were as of February 2000 (the tune of acqmsmon of Brasnun for winch the vast ma~onty of the acqmsmon cap~tahzed labor was booked) · Assume that those balances are to be depreciated by Charter over a five year deprecmuon schedule · Assume that l0 months of such annual deprecaat~on was included m deprectat~on expense reported on the Form 1205 and booked rote the eccumulated deprecaat~on balencos (for the ported March 2000 through December 2000) · Assum~ that peer to acqmsmon, Bresuan continued to cap~tahze labor for ~enuary and Febraary 2000 at the same average monthly rate caprtal~zed m 19994 ~ AS discussed m theApn119~ report, lfFerm 1205 costs had not mnlally been unbundled from the pro~umnm$ rates, there is a pcteat~al ~r a double recovery of such costs, once from the programming rates and again from the installation and equipment charges 2 As you recall, m C2's 2000 report to the City, C2 stated that an annual amount of capUalized labor cosfld have been noted ss an expense on Schedule B rather than mcludmg the cumulative balance of cap~tahzed labor co Schedule A to be recovered over time z It ~s cnUcal to note that this calculation is only an estunate due to the fact that the 1999 cap~tabzed labor amounts for Bresnae and Falcon are assumed to be equal to those amounts originally unbundled during the Form 1200 process ~ Charter provided the aunual capitalized labor for Bresnan m 1999 D~wdmg by 12 produces an average monthly capitahzod amount of approximamly $725,000 Falcon does not enter rote tl~s calculation due to Us acquisition being pnor ~o ~anuary, 2000 05/08/01 TUE 14 44 FAX 9727260212 C2 CONSULTING ~004 M~ John Cabrales g, 2OOl Pago 3 · Based on these assumptmns, edJust the Alml 19a prelm~msmy calculation to * AdJust the recommended rhsallowance of capitahzed labor to allow Charter to recover the esttmated amounts for J~aua~y and Febnumy 2000 (as flus was not previously rucluded In Bmsnan's 1999 Form 1205) * Rc6~lce the nnmml depreciation expense repo~ by Charter for 10 months of the estimated annual deprecml~on o.f dmallowed ?pitahzed labor, rather than the full 12 months on~nally deducted m thc Aprd 19' report * Adjust tho accumulated depreciation balances to reflect the same reducUon m depreciation expense for the 10 months In 2000 The nnpact of al[luslmg the capltahzed labor costs to better reflect the t.mng of the aexlmsition ~s to reduce the HSC proposed by Charter from $23 89 to $22 12 Applying this HSC to the Company's proposed mstalla~on tune frames results m Installation rates as shown on Exlnhit A 2. lmproper Agllregaflon of Fquipment AS dlsenssed m the Apnl 19th report, Charter al~regated all types of converters rote one converter category As shown on the filed Form 1205, the proposed rate for any type of converter is $3 96 per month. However, the Company provided a separate rate for the basic-only customer by merely restating the rate estabhshed last year by the C~ty. $1 19 per month Thoro were two basic issues unth respect to the proposed gl 19 rate for basic-only converters · Was such a rate for any lype of converter as long as the subscriber only received bus~c sexvico? · Did Charter appropriately support the proposed $1 19 rate? With respect to thc first question, Charter clarified that it was proposing that only the standard, non. addresseble convener would be mede avmlable to bas~c-only subscribers at the $1 19 rate If subsenbars chose to usc thc d~g~tal or other addrassable boxes available, the subscriber would lmve to pay the higher monthly rate of $3 96 A~ noted m the Apnl 19t~ report, C2 stated that ffthe Company was only going to mako standard non-adgressable converters evadable to bas~c-only subscribers at the lower rate. thon tho rate needed to better reflect the "true" cost~ of such converters Based on discussmns with Charter representetives, C2 explained that the $1 19 rate was established based on data that was over two years old and should show some reduction since that nme ~ Charter provided additional reformation that estonated a 2001 rate for standard, non-eddressable converters at $ 98 per month rather than the originally filed $1 19 Also, Cha~er provided an an,~nl amortization of tins rate through the year 2005 as follows · June 2001 - $ 98 per month · June 2002 - $ 77 per month · June 2003. $ 56 per month ~ A~ noted in the April 19t~ report, r~ for standard non-addressablc boxes should be dechmng as these boxes are depreciated and not repla~d 6 0~/08/01 TUE 14 44 FAX §727260212 C2 CONSULTING ~005 Mr John Cabralas May 8, 2001 Pa~e 4 · Juno2004- $35 per month · Juno 2005 - $14 per month Charter m&cated that, m the absanco of aotanl data to determine the standard non-addressable c~oriver~or rates pursuant to the Form 1205 c, omputattons, the Company would propose these rates as the bas~o-only converter rates m future fihng$ C2 rocommands th~ for purposes of this year's fi!rog, the City a~pt the $ 98 per month rate as the mayamum pomuiXed basic-only converter rffte SUMM~RY OF RECOMMENDATIONS Based on tho above &scuaston and the prehnum~ Aplnl 19°~eport, the City should consider the fullowmg · Adopt a mpxlmum permitted basic serwce rate of $9 78 · Adopt an Hourly Serwoo Charge of $22 12 · Adopt a mayamum pemutted bas~c-only converter rate of $ 98 Adopt installation and eqmpment rates as shown on Exlublt A · Reqmre Charter to include only actual data m its lrue-up calcula~on for tho Form 1240 C2 greatly appre~ates this opportamty to assist the City of Denton m ~ts rewew of Chatter's Form 1240 and Form 1205 ff you have any quesUons ~oncermng th~se findings and ree~mmandat~oas, please contact Ms Conrac Cannady at 972-726-7216 V~ny truly yours, C2 Consulting Serv~as, In~ 7 05/08/01 TUE t4 44 FAX 9727260212 C2 CONSULTING ~006 RESOLUTION NO A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT CHARTER COMMUNICATIONS MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER, ,CHANGiNG TIERS, AND ASSOCIATED EQUIPMENT, ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton ("City") is the Grantor of a cable television franchise by a franchise ordinance, Ordinance No 88-189 passed and executed on or about November 15, 1988, by and between the City and Sammons Communications, Inc ("Sammons"), and the City, by Ordinance No 95-191, passed by the C~ty Council on September 19, 1995, approved the transfer of the Franchise Ordlnar~ce along with attached amendments to Marcus Cable Associates, L L C ("Marcus"), and WHEREAS, on March 23, 1999, the City Council adopted Ordinance No 99-094 (Ordinance Nos 88-189, 95-191, and 99-094, and the Acceptance Agreements of September 12, 1995 and March 23, 1999, are hereinafter referred to as the "Franchise"), transfemng the Franchise from Marcus to Paul G Allen dba Vulcan Cable, Inc, Vulcan Cable II, Inc, Charter Communications, Inc, and Charter Communications Holdings, Inc ("Charter"), and WHEREAS, on May 17, 1994, the City Council passed Resolution No R94-019 authorizing the regulation of basic service tier rates and related equipment, installation, and service charges for any cable television system operating within the City in accordance with the applicable Federal Communications Commission ("FCC") regulations, and WHEREAS, on May 16, 2000, the City Council passed Resolution No R2000-023 authonmng changes m the rates that ~ Charter may charge its Denton cable television subscribers for the basic service tier, associated equipment, and installation charges, and WHEREAS, the City, pursuant to the Cable Consumer Protection and Competition Act of 1992 ("Cable Act") and the roles and regulations adopted thereunder by the FCC and other apphcable laws, is certified as a franclumng authority to regulate the rates for the basic cable service, equipment, and installation rates, and WHEREAS, in accordance with Section 8-136 "Rates", of the Code of Ordinances of the City of Denton, Texas and in accordance with Section XXI "Rates" of the Franchise, Charter filed a potltlon with the City on or about March 2, 2001, along with FCC Forms 1205 and 1240, in conformance with this section and all applicable laws, requesting a change in its basic cable service, changing tiers, equipment, and installation rates as above described, which the City is certified to regulate, and WHEREAS, the City held a public heanng in conformance w~th Section 8-136 of the Code of Ordinances of the City of Denton on May 1,2001, after all interested citizens had been properly notified m accordance w~th the law, and all interested members of the public had an opportunity to be heard, and WHEREAS, to assure the rates requested by Charter are fmr and reasonable, the C~ty employed C2 Consulting Servmes, Inc to review the rates, and C2 Consulting has flied its recommendations and report, and WHEREAS, as the local regulator of rates for the basic service tier, the C~ty desires to make a rate ruhng on the proposed rates submitted by Charter to be charged to subscribers of the basle service t~er, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 F~nd~ngs (A) The City ~s the Grantor of a Franchise executed on or about November 15, 1988, by and between the City and Simmons (B) The Franchise, as amended, was transferred to Marcus, ~n accordance w~th the terms and conditions of that ordinance on or about September 19, 1995 (C) In accordance with the applicable prows~ons of the Cable Act, the rules adopted by the FCC, Chapter 8 of the Code of Ordinances of the C~ty of Denton, Resolution No R94-019, and other apphcable laws, the C~ty has undertaken all appropriate procedural steps to regulate the basra cable servme t~er, changing tiers, related eqmpment, and ~nstallatlon charges (D) In accordance w~th the apphcable FCC regulations, on or about January 7, 1994, the C~ty filed FCC Form 328 - Certfficatlon of Franchising Authority to Regulate Basle Cable Servme Rates and Initial Finding of Lack of Effective Competition - w~th the FCC (E) In accordance with apphcable FCC regulations, on or about May 17, 1994, the C~ty passed and adopted a resolution providing for the regulation of rates charged by cable telewmon operators within the C~ty for the basra service t~er and related equipment and ~nstallat~on charges (F) On or about March 23, 1999, the C~ty Council transferred the Franchise from Marcus to Charter (G) On or about March 2, 2001, Charter submitted FCC Form 1205 and Form 1240 to the C~ty (H) Pursuant to FCC regulations and apphcable law, on or about May 1, 2001, the City held a pubhc heanng and gave the public adequate opportumty to comment on the proposed rate request The C~ty regularly conducted a meeting which was open to the pubhc, ~n accordance w~th the Texas Open Meetings Act, Tex Gov't Code ch 551, and prowded an opportunity for interested part, es to present mformat~on to the C~ty dunng the meeting of May 1, 2001 (I) The Clty must act upon the pending rate request consistent with current FCC rules and regulations and other applicable laws SECTION 2 Conclusions (A) That for the period beginning June 1, 2001, until May 31, 2002, the maximum permitted rate for basic cable service (these numbers do not include the 5% franchise fee) of $9 78 per month, is approved But as noted in C2 Consulting Services, Inc's (C2) April 19 and May 8, 2001 reports, Charter used estimated subscriber counts to perform the "true up" computation in the Form 1240 filing C2 reports that this is clearly inappropriate since FCC regulations request that all me-up computations be based on actual data Accordingly, this resolution and the rates approved hereby are conditioned on Charter using only actual data in the development of its tree~up computations in future filings (B) That for the period beginning June 1, 2001, until May 31, 2002, the maximum permitted charge for installation and hourly service (these numbers do not ~nclude the 5% franchise fee) of $22 12 per hour, is approved (C) For the period beginning June 1, 2001, until May 31, 2002, the max~mttm fee (these numbers do not include the 5% franchise fee) for leased customer equipment of remote control - $0 20, basic only converter - $ 98, non-basra only converter - $3 95 per month and changing tiers - $2 00 is approved (D) In accordance with C2 Consulting Services, Inc's report, the City finds that digital converters are used to receive the basic service tier in accordance with FCC regulations, §76 923, that the City has a right to regulate rates charged for the use of thru piece of eqmpment as a part of the basic cable service tier SECTION 3 Incorporation of Findings and Conclusions That the Findings and Conclusions set forth in Sectaons I and II of this resolution are found to be true and correct and are made a part of tlus resolution for all purposes SECTION 4 Orders for Action Based on the foregoing Findings and Conclusions, the City Council hereby enters the following orders adopting the rates and requmng the following actions (A) Pursuant to current FCC regulations and applicable law, for the period commencing June 1, 2001, until May 31, 2002, or until further order of the City, Charter will be permitted to charge a maximum rate for the basra cable service of $9 78 per month (these numbers do not include the 5% franchise fee) (B) Pursuant to current FCC regulations and applicable law, for the period commencing June 1, 2001, until May 31, 2002, or until further order of the City, Charter will be permitted to Page 3 11 charge th~ following maximum eqmpment and ~nstallat~on rates (these numbers do not ~nclude the 5% franctuse fee) Eqmnment & Installation Maximum Permitted Rate Hourly Serrate Charge ' $22 12 Average Charge for Unw~red Installation-Aerial $39 37 Average Charge for Unw~red Installation-Underground $42 02 Average Charge for Install-Prew~red/Reconnect $23 66 Average Charge for AgO at a t~me of InstallaUon $12 83 Average Charge for A/O Return Trip $23 66 Average Charge for Service Requmng A Track Roll $20 57 Average Charge for D~g~tal Installation- Aerial $47 11 Average Charge for D~g~tal Installation- Underground $49 76 Average Charge for D~g~tal Upgrade $31 40 Average Charge for D~g~tal A/O at t~me of Installation $18 58 Average Charge for D~g~tal A/O Return Trip $28 75 Changmg of Service Txers $ 2 00 Equipment Charges Remote Control $ 0 20 Basae-Only Non Addressable Converters $ 0 98 Non-Basic Only Converters (D~g~tal) $ 3 95 & (C) This resolution shall not be reconsidered should any further analysm pursuant to future FCC roles and regulaUons result ~n or ~nd~cate h~gher rates to subscribers, unless such future FCC Rules and regulaUons mandate that the C~ty order such an upward adjustment (D) The C~ty Manager and the C~ty Attorney, or their designees, are hereby authorized and d~rected to take acUon necessary to enforce the orders contmned ~n thru resolution, mcludmg, w~thout limitation, to execute and file w~th the FCC such certfficatlon form documents or other ~nstmments or take any other actions as are now or hereafter may be reqmred by the FCC rate regulations or apphcable laws to enforce the rate mhng set forth hereto, to defend th~s rate mhng ~n any appeal to the FCC, admunstrat~ve proceeding or hUgat~on mvolwng this matter 4 (E) That Charter shall fully comply with the Franchise and the recent case of Ctty of Dallas v FCC, 118 F 3d 393 (5th Clr 1997), which reqmres cable television francluse holder to make its francluse payments on all gross receipts, including money collected from and charged to customers that is ultimately allocated to pay the franchise fees (F) That the City Secretary is hereby directed to send a certified copy ofth~s resolution to Charter SECTION 5 That if any section, subsection, paragraph, sentence, clause, phrase or word ~n fins resolution, or apphcatlon thereof to any person or mrcumstances ~s held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remalmng portions of this resolution, and the City Councd of the C~ty of Denton, Texas hereby declares ~t would have enacted such remaining portions despite any such validity SECTION 6 That the C~ty Council has found and determined that the meeting at which th~s resolution ~s considered ~s open to the pubhc and that not,ce thereof was g~ven ~n accordance with the prows~ons of the Texas Open Meetings Act, Tex Gov't Code ch 551, as amended SECTION 7 That th~s resolution shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Agenda Item . ~-~ ~) -- . AGENDA INFORMATION SHEET ~te_ ,-~/.~"-/~)/ AGENDA DATE: May 15, 2001 DEPARTMENT Planmng & Development /~/ CM/DCM/ACM: Dave Hill, 349-8314 '),/~ SUBJECT Consider adoption of an ordinance of the C~ty of Denton, Texas, authorizing the Mayor to execute an Interlocal Agreement by and between the C~ty of Denton, Texas and the Denton Independent School D~stnct pertmmng to the construction, maintenance, and operation of an Aquatic Center, authorizing the expenditure of funds therefore, and prowdmg an effective date BACKGROUND: In January 2000 voters approved $4 mflhon m bond funds for the design and construction of an Aquatm Center to be used by mt~zens for recreational purposes The Denton Independent School D~stnct (DISD) has $5 mflhon m voter-approved bonds for the design and construction of a natatormm to serve students ~n the district for sw~m team practices and meets and other educational purposes Both agencies will combine resources to construct an ~ndoor and outdoor aquatm facility to serve the needs of the c~t~zens of Denton and the DISD students S~nce Summer 2000, staff of DISD and the C~ty of Denton Parks and Recreation Department have worked cooperatively w~th consultants (under a C~ty contract) to development a Concept Master Plan for the Aquatic Center which was presented to both the C~ty Council and School Board ~n November 2000 (Page 20, Exhlba B) Recently, the School Board approved the contract w~th Schnckel Rolhns & Assocmtes, Inc to begin the Design Development and Construction Drawing phase of the project In order for the C~ty of Denton and DISD to jmntly undertake thts effort, an Interlocal Agreement (Attachment 3) ~s reqmred, as a formal contract between the two ent~t~es Th~s Interlocal Agreement ~ncludes prows~ons related to the cooperative design and construction of the fambty and s~te acqms~t~on A future agreement will provide a framework for the operation and mmntenance of the Aquatm Center In brief, the Interlocal Agreement estabhshes · Project Site - Identffies the location of the s~te, now DISD property, and estabhshes a set p~me per acre and estabhshes an und~wded ~nterest ~n the property by both part,es · Project Design - Notes the completion of the Concept Design, defines project elements, and outhnes the final design process and the C~ty's partlmpat~on · Project Construction - Outhnes the Construction Manager at R~sk process to be used through a DISD contract, construction costs, the C~ty's right to ~nspectlon and partm~pat~on dunng construction and a prehm~nary schedule DISD will contract and manage the constructmn of the faclhty w~th the Ctty retmmng rights to ~nspect~on and demslon-mak~ng P~el · City Cost Participation - Defines the process by which the City wall pay its portion of design and construction costs · Proleet Operation - Establishes the City as manager of the facility, after construction is completed and accepted by both entlt~es, and establishes insurance requirements · Termination - Sets both parties rights and process to terminate the Interlocal Agreement This agreement wall allow the City of Denton and the Denton Independent School District to form a cooperative agreemem to provide services as allowed by state law OPTIONS: 1 Accept the recommendation of the Parks, Recreation and Beautfficatlon Board and approve the Inteflocal Agreement with DISD as presented 2 Make modifications to the agreement, reqmnng further negotiations with DISD staff and School Board approval RECOMMENDATION: Staff recommends approval of the Interlocal Agreement as submitted ESTIMATED PROJECT SCHEDULE' The established schedule set m the Interlocal Agreement is as follows April - October, 2001 Design Development and Construction Drawang Phase October 15, 2001 Construction Begins August 15, 2002 Natatorium Opens for DISD use (Substantial Completion) November 2002 Natatorium Opens for Public use April 1, 2003 Outdoor Aquatic Facilities Construction Substantially Complete May 24, 2003 Outdoor Aquatic Facilities Open to public PRIOR ACTION/REVIEW: The Parks, Recreation and Beautification Board unanimously recommended approval of tlus Interlocal Agreement at their regular meeting on April 25, 2001 (Attachment 1) FISCAL I INFORMATION' $4 million in funding for the Aquatic Center is authorized from the 2000 Bond Program as approved by voters These funds are scheduled for sale in FY 2001-02 A Reimbursement Resolution wall be requested of the City Council in October 2001 in order to meet the construction schedule Consultants will be required to provide a cost estimate dunng the Design Development Phase wluch will be presented to the City Council and School Board early Summer 2001 Page 2 ATTACHMENTS: Attachment 1 - Parks, Recreation and Beantfficatton Board Minutes Attachment 2 - Ordinance anthonzmg Interlocal Agreement Attachment 3 - Interlocal Agreement Respectfully submitted Ed Hodney, Director Parks and Recreation Departfl~ent Page 3 Attachment 1 Parks, Recreation and Beautification Board April 25, 2001 North Lakes Recreation Center Members present Gert Aschenbrenner, Dale Yeatts, Brandon Barnes, Dalton Gregory, Don Edwards , Members absent Teresa Andress, Gwendolyn Carter and Brenda Phtlllps Staff present Ed Hodney, Janet S~mpson, Emerson Vorel, John Whitmore, Jame McLeod and Bob Tlckner Chmrmm Don Edwards called the meeting to order at 6 05 p m Approval of Minutes From March 28th meeting Held for approval until the May meeting ACTION, ITEMS Aquatic Center Interloeal Agreement. Janet Sampson reported that C~ty of Denton and Denton Independent School District staff have completed a final draft of the Aquatic Center Interlocal Agreeme~at Thxs Interlocal Agreement xncludes provisions related to the cooperative design and construction of the faclhty and land acqmsltion A future agreement will prowde a framework for the ol~eratton of the Aquatic Center This b~ndmg agreement defines the scope of the project, roles and responsibilities of both the City and 'DISD, how the project will be designed and constructed, estabhshed costs associated w~th the project, insurance reqmrements, term~natlon and other miscellaneous articles Actton Dalton Gregory made a motaon to approve staff's recommendation on the Aquatic Center Interlocal Agreement Gert Aschenbreuner seconded the motion and it passed tmanlmously Constde~ a Request from the Ctty of Corinth to Construct a tKastewater Sewer Line Across the Denton Branch Ratl Trail. Bob T~ckner reported that the City of Connth has requested the use of parkland to provide a wastewater sewer line across the Denton Branch Rail Trail This is to accommodate new growth within the C~ty of Connth Bob satd lthat after rewew~ng all other alternatives, staff recommends approval of this use of the Denton Branch Rml/Trall by crossing under the trml at milepost 728 There would be no major impact on current park operations or programs The Parks and Recreation Department confirms that the City of Connth has lnvestagated all other alternatives and has used reasonable planning to mlmn~ze harm to the land The City of Corinth is fully aware of the Federal raflbanktng law that in the event a rmlroad or rail transit agency w~shes to reclmm the right of way for rail service, the Cxty of Connth may be responsxble for removing or modifying the property to accommodate the onganal use of the right of way as a railroad Construction on this development ~s projected to begin in Summer 2001 It ~s reasonable to expect that a fair market value for an easement will be paid and improvements d~rectly related to programs and/or facthtles on the Denton Branch Rail/Trail will be prowded Page 4 ATTACHMENT 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTER_LOCAL AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON INDEPENDENT SCHOOL DISTRICT PERTAINING TO THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF AN AQUATIC CENTER, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton ("CITY") and Denton Independent School District ("DISD") desire to provlde for the consimct~on, mmntenance and operation of an Aquatm Center conslstmg of a natatonu.m, an outdoor swlmmmg pool, related aquat, c fatalities, and infrastructure necessary to serve smd famtmes (the "Aquatm Center") on certmn real property currently owned by DISD, and WHEREAS, the C,ty Cotmcll finds that the Interlocal Agreement between the CITY and DISD, a copy of wbach is attached hereto and made a part hereof by reference (the "InterIocal Agreement") ~s m the pubh¢ interest, NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Mayor, or ,n her absence the Mayor Pro Tern, is hereby authorized to execute, on behalf of the City, the Interlocal Agreement SECTION 2 The expenditure of funds as set forth m the Interlocal Agreement ~s hereby authorized SECTION 3 This ordinance shall become effecUve ~mme(hately upon ~ts passage and approval PASSED AND APPROVED ttus the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By By S \Our Documents\Ordmances\01\Interlocal Agrmt-Aquatm Center doc ~ ATTACHMENT 3 INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between the DENTON INDEPENDENT SCHOOL DISTRICT (hereinafter "DISD"), organized and existing under the laws of the State of Texas, and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter "CITY"), acting by and through, and under the anthonty of their respective govermng bodies, and WHEREAS, the DISD and CITY are local governmental entities both of whom have the authority to perform the services set forth m this Agreement individually and who mutually desire to enter into an lnterlocal agreement, which Is authorized by Chapter 791 of the Texas Government Code (Vernon 1994), Section 45 109 of the Texas Education Code, and Chapter 332 of the Texas Local Government Code, m order to maximize the benefits derived from each taxpayer dollar, and WHEREAS, the DISD is the owner of that certmn tract of real property situated w~thm the boundary of the DISD, and which is more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"), and WHEREAS, the DISD and CITY desire to provide for the construction of Aquatic Facilities consisting of a Natatorium and outdoor swimming pool and related aquatic faethties (the "Aquatic Facilities") on the Property including infrastructure necessary to serve the Aquatic Facilities, and WHEREAS, the DISD and CITY desire to pool their resources, avoid unnecessary or duphcltous expense, and take advantage of maximizing economies of scale, resulting m cost savings to their respective taxpayers, and WHEREAS, the DISD and the CITY desire to provide for the maintenance and operation of the Aquatic Facilities once completed, and WHEREAS, this Agreement serves important public purposes m providing for aquatic recreational and educational activities for the constituents of the DISD and CITY, and WHEREAS, the DISD and CITY agree that all payments made in connection with the governmental functions provided for by this Agreement shall be made from current revenues available to the paying party and the payments received are adequate and fairly compensate the parties for the services performed, except that the parties agree and understand that the CITY will not have their funds available tmtll November 1,2001, and WHEREAS, the Interloeal Cooperation Act, now contained m Chapter 791 of the Texas Government Code (Vernon 1994), authorizes the DISD and CITY to enter into this Agreement for Denton Independent School D~stnct & Cl~y of Denton Intedocal Cooperation Agreement Page I 6 the purpose of achlewng the governmental functions and providing the servmes represented by this collective, cooperative tmdertakmg NOW THEREFORE, the DISD and CITY, for and inconsideration of the premises and the mutual covenants set forth herein do hereby AGREE as follows ARTICLE I INCORPORATION OF PREAMBLES All matters and recitations stated ~n the preamble of this Agreement are true and correct and are hereby ~ncorporated by reference ~nto the provisions of this Agreement for all purposes ARTICLE II PURPOSE The purpose of this Agreemem is, as described ~n the preamble, to evidence the agreement of the DISD and CITY to provide for the design, construction, operation, management, mmntenance and financing of the Aquatic Center (hereinafter someUmes called the "Project") and being generally described m Exhibit "B" attached hereto and incorporated herein by reference ARTICLE III TERM The term of this Agreement shall commence on the date on which all pames hereto have executed this Agreement (the "Effective Date") and shall continue until terminated in accordance wah Article X ARTICLE IV DEFINITIONS The following terms shall have the meanings set forth below Aquattc Center- shall mean the Natatorium, Outdoor Aquatic Factht~es, Parking Facilities, Landscaping and Infrastructure for the ProJect as set forth m Section 6 2 ofth~s Agreement Natatortum- shall have the meaning set forth m Section 6 2 ofth~s Agreement Denton Independent School District & C~ty of Denton Interlocal Cooperataon Agreement Page 2 7 OutdoorAquattc Facthttes- shall have the meamng set forth in Section 6 2 of this Agreement Prehmtnary Concept Plan or Schematic Destgn- shall have the meaning set forth ~n Section 6 1 of th~s Agreement ProJect- means the design, construction, mmntenance and usage of the Aquatm Center ARTICLE V PROJECT SITE 5 1 Prolect S~te Unless othervase prowded and agreed by an amendment to this Agreement, the DISD shall construct the Aquatic Center to be located on the Property DISD shall convey to the CITY by separate instrument a one-half tmdlwded ~nterest ~n the Property for the a price of $5000 00 per acre The DISD and CITY shall enter into a separate real estate agreement to prowde for the sale and purchase of the tmd~wded interest in the Property 5 2 Waiver of Pdght of Partition Each party hereto agrees to wmve any rights to partition the Property, whether by partmon m kind or by sale and division of the proceeds, and further agrees that ~t will not resort to any action m law or in equity to partition the Property The covenants contmned in th~s Section 5 2 shall survive termination ofth~s Agreement ARTICLE VI PROJECT DESIGN 6 1 Prehmmary Concept Design The CITY has prewously prod for and selected, and DISD has approved, the use of Schnckel, Rolhns and Associates, Inc (the "Architect") ~n assocmt~on w~th VLK Architects, Inc and Aquatic Design Group to prepare a Prehminary Concept Design (also called the Schematic Design ) for the ProJect, a copy of which is attached as Exhibit "B" 6 2 Prolect Compos~txon As shown by the Schematic Design the ProJect consists of the following a Natatorium-The Natatorium is the ~ndoor swimming facthty contmmng (1) a competition swimming pool, (2) a recreation swimming pool, (3) compet~tmn seatang, (4) office space, (5) showers and locker rooms, (6) storage faclhtles, (7) concessmn areas, (8) associated mechanlcal/chetmcal/pmnp areas, and (9) restrooms b Outdoor Aquatic Facdltles-The Outdoor Aquatic Faclllt~es are the outdoor swimming facthty contmmng ( 1 ) recreation areas designated as (a) a continuous current channel, (b) two outdoor swimming pools, (c) pawhons, and (d) volleyball court, (2) Denton Independent School D~mct & C~ty of Denton Interlocal Cooperation Agreement Page 3 mechan~cal/chemmal areas, (3) restrooms, (4) entrance gates, (5) lounging areas, and (6) green areas c Parking Facfixt~es-The ProJect, as shown by the Schemattc Desxgn, has a parking lot with a capamty of 331 parking spaces and bus drop-off areas d Infrastructure- The ProJect mcludes infrastructure to serve the Aquatic Center, ~nclud~ng, water, samtary sewer, drainage, and street facxht~es e Landscaping- The landscape xmprovements as shown on the Prehmmary Concept desxgn and as may be added to the final desxgn of the ProJect 6 3 Final Daslma The DISD shall enter ~nto an addxt~onal agreement w~th the Architect to prowde for the Design Development, preparation of the Working Drawings and Construction Documents, Bxddmg Phase, and Constructaon of the ProJect The final design and approved plans and speclficataons of the ProJect shall require the approval of the DISD and CITY As provided for below, the DISD shall be responsible for the constmcnon phase of the Project 6 4 Comphance wah Laws The DISD shall comply wtth all apphcable laws, regulations and roles m the das~gu and construction of the ProJect and shall penodmally consult w~th desxgnated CITY representatives xn connection wxth the design of the ProJect and shall provxde to CITY representatives a copy of the Working Drawings and Construction Documents 6 5 Project Schedule The Project shall be designed and constructed tn accordance w~th the schedule set forth in Section 7 6 below (the "Project Schedule") Each party acknowledges that the t~me parameters xnclude constructxon whmh xs generally beyond the control of DISD and the Architect 6 6 CITY Partm~pataon A CITY representative shall be notffied and be allowed to participate m all regularly scheduled meettngs between DISD, the Archxtect, and Construction Manager, wbach involve the Project Des~gu ARTICLE VII PROJECT CONSTRUCTION 7 1 Construction Procurement The DISD shall cause the approved plans and spemficat~ons to be submitted for construction procurement through the Construction Manager at R~sk procurement procedure as authorized by Chapter 44 of the Texas Education Code Such contract and other construction contracts awarded thereunder shall be between the DISD and the construction manager and construction contractors The CITY shall not be a party to such contracts However, prior to awarding such construction contracts the amount of such contracts shall be submitted to the CITY for ~ts review and approval of the amounts thereof Denton Independent School D~strtct & C~ty of Denton Inteflocal Cooperation Agreement Page 4 9 7 2 Pro,eot Construction Costs The DISD shall be responsible for all of the chrect payments of Project costs of design, construction, and equapmant to the construction manager, contractors and Architect As prowded an Section 8 2 below, the CITY shall reimburse the DISD for the CITY's share of such costs m a total amount not to exceed $4,000,000 00 (this does not include the CITY's purchase pnee for the Property), unless the total Project constmeUon costs exceed $9,000,000 00 (the "Maximum Costs") If it appears that the total Proj eot construcUon costs will exceed the Maximum Costs then the parties hereto shall consult with each other and deterunne whether the Project may be redesxgned so as to bnng the Project w~th~n the Maxxmum Costs If the partxes determine that such redesign is unfeasible, exther party may prior to the award of any construction manager or construcuon contract either terminate flus Agreement or amend this Agreement to equitably apportion such excess costs between the parties After the award of the Construction Manager at Pask contract the parties shall apportion between the partxes any increase m the cost of the Project on the basis of DISD being responsible for costs clearly xdent~fiable and allocable to the Natatorium and CITY being responsxble for costs clearly identifiable and allocable to the Outdoor Aquatic Facthties, and DISD and CITY being equally responsible for costs incapable of being identifiable and allocable to one or the other of the faclhtIes In the event of terra,natron of the Project after the awarding of the Construction Manager at R~sk contract, but prior to the Not~ce to Proceed wth construction CITY shall reimburse the DISD that portion of the costs, ~nclud~ng but not hm~ted to Architect's fees and Construction Manager expenses, ~dent~fiable and allocable to the Aquatic Park and outdoor swimming facflmes, and one- half (½) of the costs, ~nclud~ng but not hm~ted to Architect's fees and Construction Manager expenses, incapable of being ~dent~fiable and allocatable to one or the other of the facilities, after deducting the costs prod by the CITY for the Prehmmary Design Concept In the event of termination of the Project after the NoUce To Proceed with construction has been g~ven CITY shall reimburse the DISD that pomon of the costs, ~ncludang but not hunted to Architect's fees, Construction Manager expenses, contractor's fees and expenses, and matenals costs, identifiable and allocable to the Outdoor Aquatic Factht~es, and one-half (½) of the costs, including but not hm~ted to Architect's fees, Construction Manager expenses, contractor's fees and expenses, and materials costs, incapable of being ~dentafiable and allocable to one or the other of the factht~es, after deducting the costs pard by the CITY for the Prehunnary Design Concept 7 3 Architect's Agreement, Construction Manager and Construction Contracts The DISD's agreement w~th the Architect, the construction manager contract and each construction contract shall provide that (0 the CITY as a tlurd party beneficiary of all representations and Denton Independem School 1)~smct & ( ~ty of Denton Interlocal Cooperalaon Agreement Page 5 lO warranties made by Architect, construction manager and construction contracts, (n) the Architect, construction manager and contractors shall look solely to the DISD for any payment due them, and (111) the Architect, construction manager and contractor each recogmze and agree that the CITY shall have no obligation (express, or implied, direct or indirect) for the performance of the obligations of the DISD iunder such contracts 7 4 Permits DISD shall obtain and pay the fees for all permits and approvals, including Impact fees, reqtured by any applicable governmental authorities for the design and construction of the Project DISD and CITY acknowledge and agree that these fees are part ofthe total construction cost and CITY shall reimburse DISD for its proportionate share as set out herein 7 5 C][TY Inspection Rl~,hts It is intended that the Property will be annexed into the City of Denton However, should construction begin prior to annexation the CITY shall be entitled to enter upon the Project Site to inspect the progress of the construction and equipment of the Project, prowded the CITY and its representatives do not interfere with the contractors Dunng construction of the Project the DISD will prowde the CITY with copies of all written construction progress reports received from DISD's contractors and representatives 7 6 Completion of Prolect Subject to the Events of Force Majeure, construction of the Project is intended to be completed m accordance with the Project Schedule The Project Schedule is as follows October 15, 2001 Construction Begins August 15, 2002 Natatorium Opens for DISD use (Substantial Completion) November 2002 Natatorium Opens for Pubhc use April 1, 2003 Outdoor Aquatic Facilities Construction Substantially Complete May 24, 2003 Outdoor Aquatic Facilities Open to pubhc 7 7 CITY Part~cmatlon CITY shall designate a representative who shall be ~nformed of and shall have the right to attend all construction progress meetings between DISD, the Architect, and the Construction Manager, or any combination of such indlwduals ARTICLE VIII CITY COST PARTICIPATION 8 1 CITY Total Cost The CITY shall pay the DISD the CITY's share of the costs as provided herein, to be prod as provided in Section 8 2 below 8 2 CITY Reimbursement Begmmng October 15, 2001 CITY shall reimburse the DISD for CITY's share of the Project costs as prowded herein, which have been actually pa~d by DISD, or incurred, and shall thereafter until completion of the Project reimburse DISD for all construction Denton Independent School D~stnct & City ot Denton Interlocal Cooperation Agreement Page 6 11 costs and expenses identifiable and allocable to the Outdoor Aquatic Facdlt~es, and one-half (½) of the construction costs and expenses, including but not limited to Architect's fees and Construction Manager expenses, incapable of being identifiable and allocable to Outdoor Aquatm Facdmes Such reimbursements shall be made within 30 days of receiving from DISD a legible copy of the ProJect Architect's Certificate for Payment, and Architect's and Construction Manager's op~mon as to whether the costs and/or expenses are allocable to the Natatorium or Outdoor Aquatic Facilities, or both Smd reunbursemant shall not exceed $4,000,000 00 or the CITY's adjusted share as provided herein 8 3 DISD reimbursement At the time of the CITY's first reimbursement to DISD as provided for in Section 8 2, the CITY shall be given a credit of $55,750 00 agmnst such reimbursement, which is one half of the cost of the Preliminary Concept Plan which was previously paid for by the CITY ARTICLE IX PROJECT OPERATION 9 1 ProlectOperationandMana~,ement Dunng construction and until completion and acceptance of the ProJect, the DISD shall exclusively manage and mmntaln the Project After completaon and acceptance of the Project the CITY shall exclusively operate, mmntam, and manage the Aquattc Center The City Manager of the CITY shall provide the day to day admlmstratlon, management and operation of the Aquatic Center Prior to completion of construction of the Natatorium, DISD and CITY shall enter into a separate agreement to provide for operation, mmntenance and usage of the Aquatic Center Such agreement shall allow for joint usage of the Aquatic Center Such agreement shall provide for the equitable sharing of the costs for such admlmstratlon, management and operation of the Aquatic Center between the City and DISD 9 2 Insurance and Rask of Loss CITY and DISD shall each malntmn in full force and effect, insurance coverage providing liability coverage for the construction and operation of the Aquatic FacllltmS and any incidents occurring on the Project Site DISD shall be deemed the primary insurer of the Natatonum and associated indoor swimming facilities, and CITY shall be deemed the primary insurer of the Outdoor Aquatic Facthtles and associated outdoor swimming facdltms The City shall maintain property and casualty insurance for the Aquatic Center upon completion of the construction of Project which cost shall be divided equally between the CITY and DISD DISD' s share of such insurance cost shall be reimbursed to the CITY as an operation expense and will be provided for under the Operation and Management Agreement mentioned m Section 9 1 above Dunng construction of the Project DISD shall make provision in the construction doctunents that the construction manager or construction contractors shall provide such insurance coverage as a part of the constxuctlon costs The property and casualty insurance shall be in an amount sufficient to replace, and fully cover, any loss or damage to the Aquatic Center, and all associated facdmes The hablhty coverage shall be in an amount of not less than $1,000,000 00 per occurrence for injury to persons (including death) and for property damage or destmcuon The insurance pohcy or pohcles reqmred herein shall name the CITY and DISD as coqnsureds Denton Independent School 1)isU'~ct & (cAty Of Denton Interlocal CooperaUon Agreement Page 7 12 9 3 Casualty IftheProjectshouldbedamagedordestroyedtotheextentthattheest~matedcosts of repmrs, replacement or reconstruction is not more than one hundred percent (100%) of the aggregate amount of the proceeds from property damage insurance earned and covenng the costs of the repmrs, replacement or reconstruction of the ProJect, the partaes, unless otherwise agreed, shall repmr, replace or reconstruct the ProJect to substantmlly the same general character or use as the original 9 4 USe of Insurance Proceeds In the event any damage or loss occurs to the Aquatm Center, which results in the payment of insurance momes for smd loss or damage, smd funds shall be used to repmr or replace the damage or otherwise restore the property to its original condition In the event ~nsurance momes are received ~n excess of the amount reqmred to repmr or replace the damage or loss, smd excess shall be mamtalned in a separate escrow account to be held for future damages, losses, repmrs or mmntenance of the Aquatic Center In the event the Aquatm Center or other structure located on the Project Site is deemed to be a total loss and the part,es make a deterunnatlon not to rel~alr or restore the loss or damage, the ~nsurance proceeds shall be apportioned between DISD and CITY w~th DISD being allocated all momes resulting from the loss of the Natatorium and CITY being allocated all momes resulting from the loss of the Outdoor Aquatm Fac~ht~es, and w~th all other momes being d~vaded between CITY and DISD equally ARTICLE X TERMINATION 10 1 This agreement terminates upon the following a. by mutual written agreement of the part.es, b by termlnat~on under Section 7 2 of th~s agreement, c by either party, ~f a party defaults or breaches any of the terms or condit~ons of th~s agreement and such default or breach is not cured w~th~n sixty (60) days after notice by the non-defaulting party to the defaulting party, d on the fifty (50) year anniversary date of the ~ssuance of a certificate of occupancy for the Project 10 2 Remedies The non-defaultang party may after notice and right to cure has expired seek spemfic performance of this agreement, or monetary damages ~n the event of breach of th~s agreement 10 3 Early termination If th~s agreement is terrmnated prior to commencement of construction Denton Independent School District & C~ty o[ Denton Interlocal Coopeiat~on Agreement Page 8 13 of the Project, in addmon to the reimbursement of the costs as provided in Section 7 2, the City's undivided interest in the Property shall be conveyed back to DISD for the price provided for in Section 5;1 l0 4 Option to purchase Iftlus agreement is terminated after completion of construction of the ProJect, the non-defaultmg party if termination is pursuant to subsection l0 l(c), or either party, if termlnati0n is pursuant to subsecttons 10 l(a) or (b), shall have the option to purchase the other party's undivided interest in the Property, which includes all improvements to the Property The option to purchase shall be exercised by giwng written notice of intent to exercise the option to the other party no later than 60 days after termination if termination is under subsection l0 1(c), and no later than 180 days prior to termination if termination is under subsections l0 l(a) or (b) The purchase price for the option shall be determined as follows Within 60 days after notice ofmtent to exercise the option is given, the exercising party, at its sole expense, shall g~ve the other party a copy of a real estate appraisal prepared by an independent certified real estate fee apprmser holding a MAI designation from the National Society of Real Estate Apprmsers, which provides an oplmon of the fair market value ofthe other party's undivided interest In the Property If the other party is satisfied with said opinion, the option to purchase shall be consummated within 60 days after delivery of the apprmsal, If the other party is not satisfied w~th such opinion of value, then it shall provide the exercising party a second appraisal within 30 days after receiving the first appraisal The second apprmsal shall be prepared by an independent certified real estate fee apprmser holding a MAI designation from the National Society of Real Estate Appraisers, which provides an opinion of the far market value of the non-exerclsmg party's undivided interest in the Property If the first and second apprmsal do not vary by more than 20%, then the option price shall determined by averaging the two apprmsals, and the purchase shall be consummated within 40 days thereafter If the appraisals vary by more than 20%, then the two appraisers will attempt to agree on the fair market value of the undlwded mterest Ifthey are able to agree within 20 days after the second appraisal is delivered, then the exercising party shall have the option to purchase the other party's interest for either the average of the two apprmsals or the agreed upon value, which purchase shall be consummated w~tlun 20 days thereafter If the appraisers are unable to agree withm said 20 day period, then they shall select a third appraiser who shall examine the two appraisals and amve at an oplmon of value w~thln 20 days thereafter In such case the exercising party shall have the option to consummate the purchase of the other's undivided interest for either the average value of the first two appratsals or the oplmon of value of the third appraiser, which shall be consummated w~th~n 20 days after: the dehvery of the third opimon of value ARTICLE XI MISCELLANEOUS 11 1 Notice Any notice required or permitted to be dehvered hereunder shall be deemed received when sent in the United States Mml, Postage Prepaid Certified Mail Return Receipt Requested, or facsimile transmission and addressed to the respective parties as follows Denton Independent School D~smct &Ctty of Denton Interlocal Cooperataon Agreement Page 9 14 If intended for CITY City of Denton Attn City Manager 215 E McKlnney Denton, Texas 76201 Fax 940.349-8596 With copy to City Attorney City of Denton 215 E McKlnney Denton, Texas 76201 Fax 940-382-7923 If intended for DISD Superintendent Denton Independent School District 1307 North Locust Denton, Texas 76201 With copies to Executive Director of Budget and Finance Denton Independent School District 1307 North Locust Denton, Texas 76201 Executive Director of Operations Denton Independent School District 230 Maylull Road Denton, Texas 76205 11 2 Qoveminr, Law The validity of this agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas, and venue for any action concerning this agreement shall be m the Courts of Denton County, Texas 11 3 Entire Agreement This agreement represents the entire agreement among the parties with respect to the subject matter covered by this agreement There is no other collateral, oral or written agreement between the parties that m any manner relates to the subject matter oftlus agreement Denton Independent School D~stnct & C~ty of Denton Interlocal Cooperataon Agreement Page 10 15 11 4 Exbablts All exhibits to this agreement are incorporated herein by reference for all purposes wherever reference is made to the same 11 5 Recitals The recitals to fins agreement are incorporated herein 11 6 Amendment This agreement may be amended by the mutual wnttan agreement of all part,es hereto 11 7 Severabthty In the event any one or more of the provisions contmned in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such lnvahdaty, illegality, or unenforceabfllty shall not affect the other provisions, and the agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this agreement 11 8 Counterparts This agreement may be executed in any number of counterparts, each ofwbach shall be deemed an original and constitute one and the same instrument 11 9 Non-Assmnabahtv Except as otherwise provided herein, no party to tbas agreement may sell, assign, or transfer ~ts interest m the Project, or any of its rights, duties, or obhgat~ons hereunder without the prior written consent of the other party 11 10 Consents Whenever the consent or the approval of a party is required herein, such party shall not unreasonably vathhold, delay or deny such consent or approval 11 11 Good Froth Negotaation, D~spute Mediation Whenever a dispute or disagreement arises under the terms of this agreement the parties agree to enter into good faith negotiations to resolve such disputes If the matter continues to remain unresolved, the parties shall refer the matter to outside mediation prior to engaging in litigation 11 12 Waiver of Clmms Each party shall have no remedies against the other party for tortuous conduct arising out of the ownership and operation of the Project, or any portion thereof 12 13 Indemnification Except to the extent that DISD or CITY has governmental immunity and then only to the extent permitted by apphcable law, the CITY agrees to lndemmfy and defend DISD, its trustees, officers and employees, agmnst any and all claims, demands, causes of action, costs and liabilities, including reasonable attorneys fees and court costs, arising out of, or resulting from the CITY's negligent act or omissions pertaining to its operation of the Aquatic Facthtles under this agreement Except to the extent that DISD or CITY has govemmentahmmumty and then only to the extent permitted by applicable law, DISD agrees to indemnify and defend the CITY, its council, officers, agents and employees, agmnst any and all clmms, demands, causes of action, costs and Denton Independent School District & City of Denton Interlocal CooperaUon Agreement Page 11 16 habfllties, including reasonable attorneys fees and court costs, arising out of, or resulting from DISD's negligent acts or omasslons pertalmng to DISD use, (including DISD sponsored events or activities), of the Aquatic Facflmes by DISD, ~ts officers, agents, employees, students and ray,tees under this agreement whale acting m the above capacities In the event of joint and concurrent neghgenee of both DISD and CITY, responsibility and ~ndemmty, ff any, shall be appomoned comparatively in accordance with the laws of the State of Texas, without, however, Wmvlng any govemmantal ~mmumty available to eather party under Texas law and w~thout waiving any defense ofthe parties under Texas law The provisions ofth~s Section are solely for the benefit ofthe pames hereto and are not antended to create or grant any rights, contractual or otherwise to any third person or entity lEach party shall be responsible for any property damage to the Aquatic Facilities and anY related facahtles and eqmpment caused by such party, ~ts officers, agents, employees, and mwtees dunng such party's use of the Aquatic Faefltties 11 14 Force Majeure Events of Force MaJeure shall mean any contingency or cause beyond the reasonable control of a party mclu&ng, w~thout lnmtat~on, acts of God or the pubhe enemy, war, not, civil commotion, resurrection, government or de facto governmental action (unless caused by acts or omissions of the party), fires, explosions, rain or other weather delays, floods, strikes, slowdowns or work stoppages ARTICLE XII REPRESENTATIONS, WARRANTIES AND COVENANTS 12 1 Representations, and Warranties ofthe CITY The CITY hereby represents and warrants to DISD that the following statements are true as of the date of execution a Due Authority No Conflmt The CITY has all reqmslte power and authority to execute flus agreement and to carry out ~ts obhgatlons hereunder and the transactions contemplated hereby Thas agreement has been, and the documents contemplated hereby vall be, duly executed and dehvered by the CITY and constitute legal, valid and b~nd~ng obhgatlons enforceable agmnst the CITY in accordance w~th the terms The consummation by the CITY of the transactions contemplated hereby ~s not in vlolatxon of or m conflact w~th, not does ~t constitute a default under, any of the terms of any agreement or instrument to which the CITY ~s a party, or by which the CITY is bound, or of any prowsion of any apphcable law, ordinance, role or regulation of any governmental authority or of any provlsaon of any apphcable order, judgment or decree of any court, arbitrator or governmental authority b. L~tmation There are no pending or, to the best knowledge of the CITY, threatened, judicial, mumcapal or adm~mstrat~ve proceedings, consent, decreed or judgments which m~ght effect the CITY's ablhty to consummate the transaction contemplated hereby Denton Independent School Dtsmct &Ctty of Denton Interlocal Cooperataon Agreement Page 12 17 c The CITY hereby covenants to comply w~th all laws, ordinances and regulations of and agreements w~th or obligations to any federal, state, munm~pal or other governmental body as may apply to the performance of the CITY's obhgat~ons hereunder 12 2 DISD's Representations and Warranties DISD represents and warrants to the CITY that the following representations and warrant~es are tree as of the date of execution a Due Authority No Conflict DISD has all reqmslte power and authority to execute this agreement and to carry out its obhgat~ons hereunder and the transactions contemplated hereby This agreement has been, and the documents contemplated hereby will be, duly executed and dehvered by DISD and constitute legal, valid and binding obhgatlons enforceable agmnst DISD ~n accordance with the terms The consummation by DISD of the transactions contemplated hereby is not in v~olataon of or ~n conflict w~th, nor does it constitute a default under, any of the terms of any agreement or instrument to which DISD ~s a party, or by winch DISD is bound, or of any prows~on of any applicable law, ordinance, role or regulation of any governmental authority or of any prowslon of any apphcable order, judgment or decree of any court, arbitrator or governmental authority b Lltl~,at~on There are no pending or, to the best knowledge of DISD, threatened, judaclal, municipal or administrative proceedings, consent, decreed or judgments whmh might effect DISD's ablhty to consummate the transaction contemplated hereby c DISD hereby covenants to comply with all laws, ordinances and regulations of and agreements w~th or obhgat~ons to any federal, state, municipal or other governmental body as may apply to the performance of DISD's obligations hereunder 12 3 Survival Each of the provisions contmned ~n th~s Article shall survive termination 1N WITNESS WHEREOF, the Denton Independent School D~stnet has caused flus Inteflocal Agreement to be executed by 1ts duly authorized President of the Board of Tmstees, and the C~ty of Denton, Texas has eansed flus Inteflocal Agreement to be executed by its duly anthonzed Mayor on flus the __ day of ,2001 DENTON INDEPENDENT SCHOOL DISTRICT Denton Independent School D~stnct &Ctty ot Denton Interlocal Cooperauon Agreement Page 13 18 By Prick Woolfolk President of the Board of Trustees ATTEST By Jean B Schaake, Member of the Board of Trustees CITY OF DENTON By Euhne Brock, Mayor Denton Independent School D~smct & Cay of Denton Interlocal CooperaUon Agreement Page 14 19 ATTEST By Jenmfer Waiters, C~ty Secretary APPROVED AS TO LEGAL FORM ][3¥ ~Fro~ ~ Herbert L ~/~fy Attorney S \Our Documents\Contracts\0 l\Aquatm lnterlocal 5-02-01 doc Denton Independent School District & C~ty ot Denton Interlocal Coopera~on Agreement Page 14 20 EXHIBIT "B" PRELIMINARY CONCEPT DESIGN CONCEPT DENTON AQUATIC CENTER 22 AGENDA INFORMATION SHEET ~j~t~fla II~~- AGENDA DATE May 15, 2001 DEPARTMENT: F~scal Operatmns ACM. Kathy DuBose, Fiscal and Municipal Services ~X~ - ( SUBJECT Consider approval of an ordinance amending an ordinance authorizing the issuance of C~ty of Denton, Texas Utility System Revenue Refunding Bonds, Series 1983 and other ordinances relatmg to the City's utility system revenue bonds, providing an effective date BACKGROUND The City has previously adopted ordinances authorizing the ~ssuance of C~ty of Denton, Texas Utlhty System Revenue Refunding and Improvement Bonds, including Series 1983, Series 1992, Series 1993, Senas 1993-A, Taxable Series 1993-B, Series 1996, Series 1996-A, Series 1998, Series 1998A, Series 1998B, Series 2000A, Taxable Series 2000B and Series 2001 Each bond issue required lndiwdual approval of an ordinance These ordinances prowded that the provisions may be amended with the approval of the owners of 51% or more ~n aggregate principal amount of the Bonds then outstanding In order to provide flexibility for deregulation, the City finds It necessary and desirable to amend the revenue bond ordinances The written notices required for this type of amendment have been provided to the owners of the bonds W~th the most recent revenue bond sale of April 17, 2001, the aggregate pnne~pal amount of the Bonds now outstanding is $212,700,000 of which the City has received the consent of $113,035,000 in aggregate pnnc~pal amount of the Bonds now outstanding This represents 53% of the aggregate principal amount of the Bonds now outstanding PRIOR ACTION/REVIEW (Council, Boards, Commissions)' This procedure was untlated in the Spnng 2000 bond sale and reviewed by the Public Utility Board and Council FISCAL INFORMATION There ~s no fiscal impact required by this ordinance Respectfully submitted Director of Fiscal Operahons STATE OF TEXAS § CITY OF DENTON § AN ORDINANCE AMENDING AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF DENTON, TEXAS UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1983 AND OTHER ORDINANCES RELATING TO THE CITY'S UTILITY SYSTEM REVENUE BONDS, PROVIDING AN EFFECTIVE DATE WHEREAS, the Clty of Denton, Texas (the "C~ty") has previously adopted an Ordinance Authorizing the ~ssuance of C~ty of Denton, Texas Utthty System Revenue Refunding Bonds, Series 1983 (the "1983 Ordmance") pursuant to whmh the C~ty has issued ~ts Utility System Revenue Bonds, Series 1992, Series 1993, Series 1993-A, Taxable Series 1993-B, Series 1996, Series 1996-A, Series 1998, Senas 1998A, Serms 1998B, Series 2000A, Taxable Series 2000B and Series 2001 (the "Bonds"), and WHEREAS, ~n connection wath the ~ssuance of each senes of Bonds the City has adopted an ordinance anthonzmg the issuance of each series of Bonds (the "Other Ordinances"), and WHEREAS, the 1983 Ordinance and the Other Ordinances (collectively, the "Revenue Bond Ordinance") promde that the prows~ons thereof may be amended w~th the approval of the owners of 51% or more m aggregate pnnclpal amount of the Bonds then outstanding, and WHEREAS, the City finds it necessary and desirable to amend the Revenue Bond Ordinance, and WHEREAS, the necessary notice ~n wntmg of such amendment has been g~ven to the owners of the Bonds, and WHEREAS, the aggregate pnnc~pal amount of the Bonds now outstanding ~s $212,700,000 and the City has received the consent of $113,035,000 m aggregate pnnclpal amount of the Bonds now outstandmg, representing 53 14% of the aggregate pnnclpal amount of the Bonds now outstandmg, NOW THEREFOR, BE IT ORDAINED BY THE CITY COUNCIL OF DENTON, TEXAS, THAT SECTION 1 Section 26(g) of the 1983 Ordinance headed "Sale or D~sposal of Property" and the correspondmg section of each of the Other Bond Ordinances are hereby amended and restated to read as fellows (g) Sale, Lease or D~sposal of Property No part of the System shall be sold, leased, mortgaged, demohshed, removed or otherwise d~sposed of, except as follows 2 (1) To the extent permitted by law, the City may sell, lease, mortgage, demohsh, remove or otherwise dispose of at any tame and from time to t~me any property or faclhtleS constituting part of the System only if (A) the City Council shall determine, as evidenced by a resolution to that effect, such property or facilities are not useful ~n the operation of the System, or (B) the proceeds of such sale are $250,000 or less, or the C~ty Council shall determine, as evidenced by a resolution to that effect, the fmr market value of the property or faclhtles exchanged ~s $250,000 or less, or (C) if such proceeds or fair market value exceeds $250,000 the City Council shall determine, as evidenced by a resolution to that effect, that the sale or exchange of such property or facilities will not ~mpmr the ablhty of the C~ty to comply dunng the current or any future fiscal year w~th the covenant of the C~ty set forth in Section 27(1) of this Ordinance The proceeds of any such sale or exchange not used to acquire other property necessary or desirable for the sale or efficient operation of the System shall forthwith, at the option of the City, (1) be used to redeem or purchase Panty Bonds or Additional Bonds, (n) otherwise be used to prowde for the payment of Panty Bonds or Additional Bonds or 0n) be used for any other lawful purpose (2) To the extent permitted by law, the City may lease or make contracts or grant hcenses for the operation of, or make arrangements for the use of, or grant easements or other rights with respect to, any part of the System, prowded that any such lease, contract, hcense, arrangement, easement or right (A) does not ~mpede the operation of the System by the C~ty and (B) does not in any manner Impair or adversely affect the rights or security of the owners of the Panty Bonds or Additional Bonds under this Ordinance, and prowded, further, that ~f the depreciated cost of the property to be covered by any such lease, contract, license, arrangement, easement or other right is in excess of $500,000, the City Council shall determine, as evidenced by a resolution to that effect, that the action of the City w~th respect thereto does not result ~n a breach of the conditions under th~s clause (2) Any payments received by the City under or in connectmn with any such lease, contract, license, arrangement, easement or right in respect of the System or any part thereof shall constitute Gross Revenues 3 SECTION 2 Section 260) of the 1983 Ordinance headed "Records" and the corresponding section of the Other Bond Ordinances are hereby emended and restated as follows (j) Records The C~ty shall keep proper books of record and account ~n which full, true, proper, and correct entries will be made of all deahngs, activities, and transactions relating to the System, the Pledged Revenues, and the Funds created pursuant to th~s Ordinance, and all books, documents, and vouchers relating thereto shall at all reasonable times be made available for inspection upon request of any Bondholder, provided, that all books, documents, and vouchers relating to the C~ty's electric system shall be made available for inspection only to the extent reqmred by law, including, w~thout hmltatlon, the provisions of Section 552 131 of the Texas Government Code To the extent consistent w~th the prowslons of this Ordinance, the City shall keep ~ts books and records tn a manner conforming to standard accotmt~ng practmes as usually would be followed by private corporations owmng and operatang a similar System, w~th appropriate recogmt~on being g~ven to essential differences between mummpal and corporate accounting practmes SECTION 3 Section 26(m) of the 1983 Ordinance headed "No Compet~tion" and the corresponding section of the Other Bond Ordinances are hereby deleted in their entirety SECTION 4 Ttus Ordinance shall become effective ammed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the 15th day of May, 2001 EULINE BROCK, Mayor ATTEST JENNIFER WALTERS, CITY SECRETARY By 4 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docum~nts\Ordlnan¢as\01~ffnendod Bond Ordinance DME 5-15-01 doc AGENDA INFORMATION SHEET A0enda H0 ff~/~t,~..~.L~___~ ^~da Item .~ AGENDA DATE: May 15, 2001 DEPARTMENT: Planning Department . I DCM: David Hall, 349-8314 SUBJECT - V-01-0012 (Spencer Road ~ldd~twn) Consider and take action on an exaction variance from Section 34-114(5)b of the Code of Ordinance, ¢oncermng improvements to existing perimeter paving for Spencer Road Addition The 9 9 acre site as located approximately 450 feet east of the intersection of Woodrow Lane and Spencer Road The property is in a Light Industrial (LI) zoning district A DME electrical substation as proposed The Planning and Zoning Commission recommended approval (4-1) with conditions BACKGROUND Denton Mumc~pal Electric (DME) is proposing to develop a utility yard on 9 9 acres adjacent to the existing generation plant on Spencer Road The property is not platted and will need to be platted prior to development Subdivision regulations require pubhc improvements including perimeter paving The applicant proposes no street ~mprovements along Spencer Road based on the large icost for the subject improvements compared to the proposed use and the minimum traffic that the proposed development will generate The proposed site plan precludes direct access to ,Spencer Road Access to the sate will be through a private road that runs along the north side of the property and intersects Woodrow Lane north of Spencer Road, and through the existing entrance on Spencer Road OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item P&Z SUGGESTED RECOMMENDATION The Plarmmg and Zomng Commission recommends approval (4-1) with the following condition I The perimeter pawng variance as limited to electric substation and pole storage land uses ESTIMATED PROJECT SCHEDULE Building permits can be issued upon the approval of thc final plat PRIOR ACTION/REVIEW The following ~s a chronology of V-01-0012, commonly known as Spencer Road Addmon Apphcat~on Date- March 15, 2001 P&Z Date - April 25, 2001 FISCAL, INFORMATION Development of th~s property will no reqmre short-term public ~mprovements that are the responsibility of the c~ty ATTACHMENTS 1 Planmng and Zomng Commission Report, April 25, 2001, V-01-0012 2 Planmng and Zonmg Conumssmn mmutes from April 25, 2001 Respectfully submitted Douglas S ~owell, AIC"P D~rector of Planmng and Development Pre~/~d by /3 pDl~r ah Vlera, er I ATTACHMENT 1 Agenda No Agenda Item Memo To Plannmg and Zomg Commsslon From David Salmon, P E Assistant DLrector of Engmeenng Date 4/20/01 Re Penmeter Paving & Sidewalk Variances for Spencer Road Addition Denton Municipal Utilities, owners of the proposed Spencer Road Adchtlon located on the north side of Spencer Road east of Woodrow Lane/Colorado Blvd has apphed for vanances of section 34-114, (5) and (17) of the Code of Ordinances concerning perimeter paving and sidewalks The subject sections of the ordinance reqmre that Spencer Road be maproved along the frontage of the development and that sidewalks be constructed along the same frontage, as the mad is not currently constructed to City standards and there is no sldew~at that location The apphcants are proposing to plat the subject tract, winch will contain an electric sub stataon and pole storage The apphcants propose no street or mdewalk nnprovements on Spencer Road The apphcants base the reason for the variance request on the large cost for the subject trnprovements based on the proposed use and rote plan The Comnusmon may recommend that tins exaction vanance be approved by the City Council ~fthe following cntenon is met (b) Cntena for variances from development exactaons Where the comnnsmon finds that the nnpomtton of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscataon of the tract to be platted, it may recommend approval of vanances to waive such exactton's, so as to prevent such excess, to the City Council Wmver of developmental exactions shall be approved by the C~ty Couned The price the applicants prod for the parcel, or the cost of the proposed bmldmg ~mprovements is not a factor m deterrmmng reasonable costs The question m, are the costs associated with the publm nnprovement reasonable and consistent w~th the type of development proposed and the demand for senates that will be created? The reqmred paving nnprovements across the frontage would cost the applicants apprommately $72,000 and mdewalk nnpmvements apprommately $7,200 by staff's estnuates The proposed rote plan precludes duv, ct access to Spencer Road All access to the rote will be via a private road that runs along the nofuh side of the property and intersects 3 Woodrow Lane north of Spencer Road Spencer Road ~s currently a 2-lane rural section road at thas locatton Staff recommends approval of the variance as proposed by the apphcant as the proposed use will generate very httle traffic, and there wall be no dtrect access to Spencer Road. Recommended Motions' I move that we recommend to the C~ty Councd that a variance of sectaon 34-114 (5) be granted for the Spencer Road Addtlaon for perimeter paving on Spencer Road, as the amount of the nnpmvements would exceed reasonable benefit I move that we recommend to the C~ty Council that a variance of section 34-114 (17) be granted for the Spencer Road Adchtton for sidewalks along Spencer Road, as the amount of the nnpmvements would exceed reasonable benefit ATTACHMENT 2 Page 3 P R O C E 13 D I N O S I Utilities owns the property They arc proposing to place ~ MC~m~Lt~ seeing that wo have a quorum, I 2 an electncal substation and posmbly some pole storage on call the City of Denton Planning and Zoning 3 the lot And In doing so, arc being requu'ed to plat the 4 to ardor for April 25, 2001 4 property $ 5 Our subdivision ragulations would rextuu'e them 6 : will 6 to upgrade Spencer Road across the frontage of thc 7 cvonmg 7 property to City standards which would include curb and 8 ~ late 8 gutter and would also requrre the Installation of 9 ~ Commtamencr , tho 9 sidewalks along Spencer Road on thc frontage The 10 ~r tomorrow 10 applicants have applied for the vanence based on exaction I 1 So the 11 criteria Because of thc low intensity of the uso that's 12 subcommtUoo that was a will not take phico 12 being proposed and tho fact that all thc access to the 13 tomorrow msetmg 13 site Is going to be via a private road un tho north side, 14 'l~he first lt~n to consider 14 they don't fecl that they're going to have any impact on 15 of March 20th, 15 Spencer Road So because this is an exaction vanance, 16 28th, and .~ 16 this is one that y'all will be malang a recommendation to 17 17 the City Council on 18 It says on 120, 2001, 18 Just w~' bnefly, again, from what I 19 19 understand, there Is going to be an cleotncal substation 20 for 20 on this site and possibly some pole storage The uses 21 28th does not have Commissioner .~ 21 that arc going to be here are not going to be new to the I make a motion so sha obvioasb 22 electric plant As a matter of fact, from what I e added to those Commissieners 23 understand, they're actually relocahng sqme uses from thc ipprove tho minute? 24 existing site over to the new site ~ won't even MS HOLT SO moved 25 be a net increase m the amount of activity going on as a Page 4 ~ IUSanL so~uod 1 whola at the power plant So, I mean, they're basically MR. MCh~ILL Anythsoussiono 2 not golng to bo g~neratmg any adclmonal traffic And, 3 ~ board, please Motion passes 5.0 3 again, all access to the sl~c w~ll bo to thc pnva~c road 4 4 on the north side So anybody coming in and out of thc 5 5 site will cxR out on Woodrow Lane 6 MR 6 .lust for your information, wa'va estimated the '7 the Consent Agenda ~ had 7 cost of tho paving nnpmvcmnnts for the mad to ha 8 opportimtj~ considerations 8 $72,000 00 and roughly $7,200 00 for tho mdowalk Staff 9 they Is thoro a 9 is reaommnnchng approval of tho variance Tho mad 10 motion to 10 curreatiy a two4ann rural section mad Tho traffic 11 so moved 11 counts out there are low enough that tho existing road 12 APPLE second 12 sufficient for thc existing t~affic And we've MI~ MCNI/ILL~ It's 10con move~ 13 that beaause of thc lack of access and tho low usage that Any 14 it would ha reasonchlo to grant tins variance 15 I'll bo glad to answer any queatiens you nught 16 Thc n~xt item on our Agenda is Agenda Item 1 § have I've provided recommended motions in your backup 17 No 11 which is tho Spencer Road Addition And I behove 17 Also, thoro is a r~p~entativo from Denton Municipal 18 that Mr Sahnen is going to bring the stuff report on th~s 18 Electric bore If you have any quertions of them 19 which deals with a DMI~ substation So proceed, please 19 ]vm. MCNEILL conmllSsioners, do you have 20 ~ SALIviON Thank you, Chair, members of the 20 questions for staff on this vannnco rcqneat? 21 Commission I'll bo p~enting tho first two portions of 21 Commissioner Holt 22 the it~n which is sldowalk and p~notcr paving vananess 22 MS HOLT YC~ Mr Salmon, them is a largo 23 On thc overhead, I've Eot a sita map that 23 apartmant complex in that area, isn't tborc? Whom 24 shows w]~em the sublsot site is It's on Sponear Road 24 that located? 25 .lust to tho cast of Woodrow Lane Denton Municipal 25 Iv~ SALMON I behove that is located across PLANNING 8: ZONING COMMISSION'ER Al 6 2001 Page 1 - Page 4 CondensoltTM Page 5: Page I the road -- further to the east If you're loolang at they're exempt from tho m/~nra rcgolat~ons, tha existing 2 tins map, !t's.lust off the map down tn flus area over 2 zoning, Light Indusmal zorong apphes You may want to 3 hero 3 add a condition to tha variance that those part~cniar uses 4 MS HOLT okay And there would be no reason 4 that were hs~xt ba lumted The variance bo based on 5 -- there's not a school They wouldn't bo wallang to a 5 these uses 6 school There would be no -- those lads are probably 5 ~ MCN~I/n,L SO smcn th~'ro ex~mpt from thc 7 bussed 7 interim ordinances, then they have to fall In our current, g MR, SALMON yeah Them's not -- m faet, I 8 thaoldindustnalforLIghtIndustnal Solgoessmy 9 don't know what school attendance zone them is but 9 quest:on, than, ~s what would wo makn tham do? And with 10 thare's not a school wltlun wallang thstanoo or a park 10 tho samo sconano that 11 that I can Ithink of 11 Spanner would bo on this pnvag road hack thoro Who 12 MS HOLT Okay Thankyou 12 owns that pnvata road? 13 MR MCNEILL commlsslonerWllham8 13 MR.SALMON I,mnotenttrelycertam 14 MR WILLIAM8 Yes On that seotlon of th¢ 14 know that the~'s access to tho lntomattonal Isotopes 15 road, whorl does tho City have any plans for fixing that 15 building from that road There's access to tho hack of 16 side of tho road at tho samo standards those apartments 16 the steam plant I'm not entirely certain actually who 17 have there? Because I zip through there going to tho mall 17 owns it 18 andlt'skindofdangerouswharoyouhaveonostdeofth¢ 18 lem. MCNffI~I. okay So then my queatioo is 19 road real tltce and you havo the other stdo of the road 19 und~ tho saran sceuano whero thoy would bo using, somohow 20 almost L_~ICo a drop-off And I think ena side of the road 20 they gained access to that pnvato road, then we would 21 may be rural but tho right side ts not rural because It's 21 r~qmro what you hays, what we're asking tho yananoa for :22 curbed and guttea~ 22 MR. SALMON Again, ff a privata individual 23 MR SALMON Tlloro's actually a small portion 23 camo In and worn going to dovolop this property, ~f they 24 of It that has curb and gutter on tho north stdo in front 24 woo going to do something, a sim:lar~f uso with 25 of the extgm, g steam plant and then tharo's ourb and 25 a~cess to tho north road, we'd bo making tho sams Page 6 Page 1 guRcrarenSdownmfruntofthoapartments Tiro'care I resommeadatioo Ifapnvatcindi'adualwcrotocomom 2 no planned improvcmenta on Spencer Road at this thne~ not 2 and they were proposing zomcthtng much moro tntcusc, then, 3 in tho oun'ent Capital Improvements Program Wa do 3 of coma, we'd bo rocommeading against tho vanuaca 4 ant~oipat~ with soma d~alopmont that tbo~ could be some 4 ~,IR. Mc~mt[.t aut ff they w~c doing something 5 unprovements on Spencer Road but tho City docs not have $ like a small storage building or they're going to store 6 anything pro~amm~d at this tuna 6 some matcnal 7 ~ Mch~t~ t guess I hays a qu~tioo Tho 7 ~ SALMON ~ht If they wcro going to do 8 apphaant for this ~s aetoally tho l~nton Municipal g soma maybe mira-storage with access to tho prtvato road or 9 Electric which is owned by tho City so it's actually tha 9 something that doesn't gancratc a lot of traffic, we'd I0 City that's tho apphcant 10 probably bo making tha sams rccommendattoo 1 ! MIL SALMON That'S correct 11 MR. MCNEILL Thon staff would recommend that 12 MR MCNEILL okay Ifthlsweroahght" 12 wog~vothcmavananccfromthosidcwalksandthn 13 under tha ouncm zoning, a Light Industrial request, what 13 ~mprovanont of Spencer Road 14 would our r~q~ts bo for sidewalk and strmt? 14 ~ SAteeN correct If somcona was 15 ~ SAteeN karry or Mr Raichhart mlght nord 15 requesting sooml~ng similar 16 to bolp me If I understand correctly, tboy'm doing a 16 M~. Mcm. i~. That was my question Okay 17 pm. loot plan on this 17 Thank you vary much Arc ~ other quesOous for staff'? 18 MI~ PaUC:mIA~T NO Tboy got an exemption 18 Conmussioncr Wdhams 19 fromthaint~amrcgulattoos All thoy havo to do is 19 ~n~wiLLr~a~s yes I'm woodcnng why is that 20 plat 20 big gate out In front if it's not for uso 21 ~ SALMON okay Wall, I think we would ba 21 ~ SALMON rm sorry? 22 looking -- if someona were going to coma in with Light 22 ~ VaLL~S rm woodcnng why tho gat~ for 23 Industnul] zoning and plat this property, tho standard 23 tho municipal -- hacauso I'm looking at tho whole rather 24 would bo~ you know, installation of tho curb and gutter 24 than thc part Why ~s thoo a big gate out m front ~f 25 and fha sl~wnlk In this case,, b~cansa of, I gu~s, 25 ~t's not for uso? PLANNIN(~ & ZONING COMMISSIONER t 7 $, 2001 Page 5 - Page CondenseltTM Page 9 Page 1 I I MI~ gALMON okay l'm not fan. hat w~th 1 tho floor Is thcr~ a second? 2 where thc large gate is That may be a question for -- 2 Ms ,~.l, PL~. second 3 MR. SEARS I'm Chuck Sears from Denton 3 MS. IviCh'~LL. it's been moved and seconded 4 Mumotpal[ t]lactnc Mr Salmon ~s at a hRle blt of a 4 that wv approve the Spencer Road Addition for sidnwalk $ d~sadvant~beoausehedoesrl'tworkwlthtlsdatly Our $ variaoce, llA ComnasstonerRtsl~l 6 access to tlus yard Is actually hero off Spencer Il. nad on 6 ~ RISI-IaL Yeah lust want to make a 7 the front as It is already a road today We also have 7 comment, and I tiunk that what wv arc in the process of ii access orotund thc back for certain uses, but the normal 8 doing, which is approving the variance is exactly what we 9 Ingress and egress for tl~ trucks would be tn this area 9 would do whether this was a private: industry that owned 10 There's also a gate that goes into the -- toward the pov~r 10 th~s or tho City of Denton that owned tius And I think 11 plant bulling itself And there have been periods of 11 that that consistency in how wv look at llus th~ng for 12 tune that the back access Is used more than the other 12 either a mantcipahty that would be the owner or something 13 B~t right now, there s alreedy an aceess on 13 else ls exactly where we oecd to be And so l'm glad thc 14 that read i We're not proposing to change what's on 14 direction that this has taken 13 Spencer Road We're also not propostng to change any 13 Mit MO,~ILC commissioner Wdhams 16 usage of the property There's no edthtional functions 16 Ma WlCLL6.MS well, hcr~ I am thsagrecmg 17 added to it We*re simply raovtng equipment that's over n ]7 again because I couldn't see myself voting for any entity 18 thc power pleat area over to ttus ares 18 that has caused an apartment to improve theh' roads And 19 MR. WILLIAMS So yOU do uso the unimproved 19 it's very obvious when you dilvo down that road where 20 road then? 20 almost half the road is gravel 21 MR SF. ARS Yes, sir The unapproved road we 21 And to me it's a safety hazard because thcr~ 2:2 uso some, btlt we also have iw~ess out front 22 am no speed bumps and it's really kind of a drop-off, and 23 MR WILLIAMS Thank you 23 one side is a rural road and tho other side is an urban 24 MR MCNEILL verygood Thankyou 24 mad And whether lt's the Clty of EIc'?!~s~- and also thc 23 MR, SEARS Certainly 23 power company has a way to gancrato money rather than tax Page 10 Page 12 I ~ Ma,~ILL. other questions for staff? Do 1 money and so I vail be voting against this motion 2 you have a~y okistng comments? 2 3 Iv~ SAUdOIq NO, sir 3 ~ R~SmtL I understand where tho 4 ~ MCI'~ILL. okay All fight 4 Conumsslener Is coaung from I also dove th,s road 3 Commissioners, you've heard the disoussion about the 3 probably 30 or 40 times a weck and I don't tiunk I, in 6 variance for tl~ sidewalk and thc variance for tho street 6 that time over the ten or 13 years that I havn regularly 7 maprovem~ts What ts your pleasure? Commissioner Holt. 7 gone down that road, probably haven't encounmed a dnzcn 8 las HOLT I move to approve tho primary plat 8 trucks turning in thoro that have mapeded traffic 9 of Lot 1, l}lock A of the Spencer Road Addition 9 whatsoever, either turning in or turning out 10 ~ Mci, miLt., we need to do tl~ vartance$ 10 ~vm Ma.~ILL l~xousn me I've been renunded, 11 first 11 I nerd to reamnd everybody that the motion on the floor is 12 MS HC~LT sorry 12 forsldcwalk We haven't got to thc strect yct Sor~ 13 Iv,,R. MCI,~LL. yeah, we need a scparata motion 13 about that 14 for each vsrlance 14 Mic IUS~iEL 'the moral of the story is I don't 15 MS HOLT SO help me I mona to reconu~.end 15 think thc tmpact of tho road is going to changa from what 16 approval of variance A and B 16 it is now and so I think we're being consistent in what 17 MR. lVlCI~mL But it lms to lm two soparat~ 17 wo'mlookingatherc Thankyou 1 $ motions, decnet it? One side says two and one side says 18 ER. MCI'~ILL okay Ad&tional disuusslon on 19 one 19 thc motion for tho side,yolk variance? 20 MR. Sl,,'YO~It Itdopends Why don't you 20 Iv~.I~CH:-L~.T Thercwassomcthscusslen 21 scparata It out Paga :2 --.lust move to recommend 21 re~arding that the variance .lust be lmuted to th~s uso 22 variance ltnder 1 IA 22 and I didn't know if the motion ran v~th just this usc, if 23 Ms HOLT I move to r~commcnd the variance 23 it was sold for another hght industrial purpose 24 under 1 lA :24 Ms HOLT I would hkn to add that to the 25 ~ MC~m~LL. All right We have a motion on 23 motion PLANNIN~ & ZONING COMMISSIONER A 8 ,2001 Page CondenseltTM Page 13' Page 15 I MR, MCNBILL SO yo~lr amendnlent to the motion 1 Council's approval of tho vanances as r~xlue~ted 2 would be that tlus only -- 2 MIL MCNEILL IS th~ a second7 3 MS HOLT would only be for flus use 3 MS ^PeLto second 4 MR MCNEILL That the current use of a 4 MR. MCI,,'BILL It's becn moved and seconded 5 substatloll and pole ston~ge 5 Is thoro any discussion on the motion on th~ floor7 All 6 MS HOLT Yes 6 m favor -- all who desire to veto, veto on the board, 7 MS APPLE And I will still sccond 7 please Sorry about that Volc whether you'r~ In favor $ MR MCNEILL And so we still have the same 8 or not MoUon passes 4-1 9 second All right Is there add~ttenal thseusston on the 10 motion? Would you vote on the board, please Motion 11 passes 4-1 12 (COMMISSIONER WILLIAMS VOTED IN OPPOSITION ) 12 13 MR MCNEILL We now have before us a need for 14 a motion on the vananc~ of the strest unprovement Is 15 there a motion on that? 16 MS API'LE I see why she was confused because 17 they're backwards m the motions as I~rtainlng to the 18 Agenda They'reflipp~d Solwfllmal~amotionto 19 reeommand approval of 1 lB 20 MR MCNEILL DO We have a second? With the 21 ~ame colldltions? 22 MS APPLE With the same cond~tmns 23 MS HOLT S~ond 24 MR MCNEILL SO It's be~'~ moYed alld 8~ondsd 25 Is there any discussion? Vote on the board, please Page 14 1 Motion pasts 4-1 2 (COMMISSIONER WILLIAMS VOTED NO ) 3 MR, MCNEILL, The next tten~ on our Agenda ts 4 Item i lC wl~¢h hes to do w~th the prelumnary plat of 5 th~s proper~y And I believe Ms Vlera hes the dtsensstan 6 on that 7 Ma VIERA C.3an'man, Commission, tomght we 8 are considenng the prelmunary plat of Spencer Road 9 Addmon, of the de~l that was provided by David Salmon 10 that a~ appheable to tlas plat With the approval of 11 the variances, the propo~xl plat meets the requirements 12 estabhshed by the subd~vtsian requtrement~ -- I'm sorry, 13 by the subthvtstan ordtnanea And staff ~s ~ommendmg 13 14 approval 15 t~m ~CN~ILL Are there questions for staff 16 from th~ Conmasetan~-,'$? ts thea'e a motion? I've been 17 re~mnde~ that a motion, ~ we make one, should be 18 condmonal on CRy Couno~ approving the yartenees 19 Othervase, the plat approval would not be correot So if 20 the motion ts to approve the plat, then ~t should be Would 21 conditioned on the C~ty Counotl approving the vanenees Pleaae como forward 22 Commt~sten~' Pashel for the record, please 23 MIL RISHBL I'd like to movc for the approval 24 of tbe p~hrnmary plat of Lot I, Block A of the Spencer 25 Road .~lidttlon, contingent upon tho approval of City the property for the owner And just h!~ she says, PLANNIN(~ & ZONING COMMISSIONER AI~ 9 2001 Page 13 - Page 16 AGENDA INFORMATION SHEET DEPARTMENT. Pla~mmg Dep~ment DCM' David H~ll, 349-8314 SUBJECT - V-01-0011 (Spencer RoadAddttton) Consider and take action on an exaetmn variance from Section 34-114(17) of the Code of Ordinance, concerning sidewalks for Spencer Road Addmon The 9 9 acre s~te is located approximately 450 feet east of the mterseetmn of Woodrow Lane and Spencer Road Thc property m m a Light Industrial (LO zomng d~stnct A DME electrical substation ~s proposed The Planmng and Zomng Commlssmn recommended approval (4-1) with condltmns BACKGROUND Denton Mumc~pal Electric (DME) 15 proposing to develop a utlhty yard on 9 9 acres adjacent to the existing generatmn plant on Spencer Road The property ~s not platted and wall need to be platted prior to development Subd~ws~on regulahons reqmre pubhc improvements mcludmg perimeter,paving The appheant proposes no sidewalk along Spencer Road based on the cost for the subject improvements compared to the proposed use OPTIONS 1 Approve as submitted 2 Approve with eondltmns 3 Deny 4 Postpone consideration 5 Table,~tem P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Comm~ssmn recommends approval (4-1) w~th the following condmon 1 The sidewalk variance ~s hmlted to electric substaUon and pole storage land uses ESTIMATED PROJECT SCHEDULE Bu~ldmg permits can be ~ssued upon the approval of the final plat PRIOR ACTION/REVIEW The following is a chronology of V-01-0011, commonly known as Spencer Road Add~tmn Apphcatwn Date- March 15, 2001 P&Z Date - April 25, 2001 FISCAL INFORMATION Development of ttus property will no reqmre short-term pubhc ~mprovements that are the responsibility of the el[y ATTACHMENTS 1 Planning and Zonmg Commission Report, April 25, 2001, V-01-0011 2 Planning and Zomng Commission m~nutes from April 25,2001 D~rector of Planmng and Development I~borah V~era, Plhnner I Agenda No ~ ~[-"'~'Z?~/~"~ ATTACHMENT 1 Agenda Item "~ / ! OLd-bt Mcmo To Plarmlng and Zoning Comnnsslon ~-"N f~ From David Salmon, P E Assistant Dtreetor of Engmeenng Date 4/20/01 Re Perimeter Paving & Sidewalk Variances for Spencer Road Addition Denton Mummpal Utahties, owners of the proposed Spencer Road Adchtlon located on the north side of Spencer Road east of Woodrow Lane/Colorado Blvd has apphed for variances of sectaon 34-114, (5) and (17) of the Code of Ordinances concerning perimeter paving and sidewalks The subject sectaons of the ordinance requme that Spencer Road be mapmved along the frontage of the development and that mde~va]k~ be constructed along the same frontage, as the mad is not currently constructed to City standards and there is no mdew~lk at that location The appheants are proposing to plat the subject tract, wbaeh will contain an electnc sub stataon and pole storage The apphcants propose no street or mdewalk nnprovements on Spencer Road The apphcants base the reason for the vanance request on the large cost for the subject maprovements based on the proposed use and site plan The Comrmsmon may recommend that flus exaction variance be approved by the Qty Council Lithe following criterion is met (b) Criteria for variances from development exactions. Where the cornmasslon finds that the nnpomtaon of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so exeesmve as to eonstatute confiscation of the tract to be platted, it may recommend approval of vanances to waive such exaction's, so as to prevent such excess, to the City Council Wmver of developmental exactions shall be approved by the City Council The price the applicants prod for the parcel, or the cost of the proposed building tmprovements is not a factor m det~uaanmg reasonable costs The questaon is, are the costs associated w~th the public maprovement reasonable and consistent w~th the type of development proposed and the demand for serwces that will be created? The reqmred paving maprovements across the frontage would cost the appheants apprommately $72,000 and sidewalk Lmprovements spproxmaately $7,200 by staff's estunates The proposed site plan precludes d~rect access to Spencer Road All access to the site will be wa a private mad that hms along the north side of the property and intersects Woodrow Lane north of Spencer Road Spencer Road is currently a 2-lane rural sect]on road at ttus location Staff recommends approval of the variance as proposed by the apphcant as the proposed use will generate very httle traffic, and there will be no dareet access to Spencer Road Recommended Motions: I move that we recommend to the C~ty Council that a vanance of section 34-114 (5) be granted for the Spencer Road Add]taon for perimeter paving on Spencer Road, as the amount of the ~mprovements would exceed reasonable benefit I move that we recommend to the City Council that a variance of section 34-114 (17) be granted for the Spencer Road Adchtaon for sidewalks along Spencer Road, as the amount of the nnprovements would exceed reasonable benefit · Page 2 ATTACHMENT 2 P R O C H E D I N O S 1 Utdltlcs owns the property 'l'bey arc proposing to place M~. Mc~att~ sesdng that vt~ hava a quorum, I 2 an electrical substation and possibly some pole storage on call tha City of Danton Planing and Zonin_~ 3 thc lot And m doing so, ere bcmg required to plat tM 4 to order for April 2:5, 2001 4 property 5 5 Our subdivision regulations would requ,re IMm 6 I is Ill and will not bct 5 to upgrade Spencer Road across the frontage of thc 7 evenmg 7 property to City standards which would mclude curb and 8 Commtesiops has anttfi~l us g 8 gutter and would also rcquuc the installation of 9 · Commismancr, , th~ 9 sldcwalks along Spcflcar Road on the frontage The 10 [ for tomorrow 10 applicants have applied for the vananc~ based on exact{on 11 Sotl~ 11 criteria Bccaus~ of the low mtenmty of thc use that's 12 subcommittee that was will not take place 12 being proposed and thc fact that all the access to the 13 tomorrow mmtlng 13 site is going to be via a private mad on thc north side, 14 Tha first item { a is to consider 14 tbey don't fccl that they're going to have any Impact on 1 $ of March 20th, 15 Spcncar Road So because this is an exaction variance, 16 2$th I 16 this is one that y'all vail bc making a recommendation to 17 know that: nmdo o March 20th 17 the City Council on 18 It says on ~ ~ :20, 2001, 18 Just very briefly, again, from w. bat I 19 19 understand, there Is going to be an electrical substation 20 for 20 on this site and posmbly some pole storage The uses 21 that arc going to be here am not going to be new to the a morion so she obviously was th~ 22 electric plant As a matter of fact, from what I ~ould bo addcti to thosa Co_mm{tsioners 23 understand, they're actually relocating so. me uses froro the ~ I hear a motion to approve the mtnatee? 24 existing site over to thc new sitc~re won't even MS. :4OLT SO lnovcd 25 be a net increase m the amount of actlwty going on as a Page 4 MIL RISHI~L. second whola at tho power plant So, I mcan, thcy'ee basically MS. MC~mILL My dmcusston or 2 mot going to bo gcncraang any addit~onal traffic And, 3 ~ board, please. Motion passes 5'0 3 again, all access to the Itc will ha to thc private read 4 4 on tho north szdo So anyhady conung in and out of the 5 ~ slt~ will cxtt out on Woodrow Lane 6 Mt 6 Just for your mfonnatian, v~'vo estimated tho 7 the Consent Agenda have had 7 cost of tho paving improvements for tho road to Im 8 opporturoty ~, constdera~ons 8 $72,000 00 and roughly $7,200 00 for tho sid~,alk Staff 9 they have so thay'~ Is the~ a 9 is recommending approval of the vananc~ Tha road ~s 10 motion to I 10 oerr~tly a two-lane roral scctlon read Tha traffic 11 so moved 11 counts out thc~c arc low enough that the cxfsbng mad ~s 12 ~PLE second 12 suffi¢lont for tho cxmbng traffic Andvm'veagteed ~ MCl, mlLL: It's been mow:l a 13 that because of tho lack of access and the low usage that ~ the Consent At. da Any discussion? 14 it would he reasonable to grant tins variance 15 I'll b~ glad to answer any questions you nnght 16 The next item on our Agenda is At,ada I~n 16 have I've pro,adcd recommended motions re )'our haokup 17 No llwhtchistheSpencorRoadAdchtian Andlbchcvo 17 Also, thcrcisarep~sentatlvofremDcntonMum¢lpal 18 that Mr Salmon is going to bring tho staff report on tlus 18 Electric hero ~f you haw any qucsttons of them 19 which deals with a DME substataoa So proceed, pleesc 19 M~ MCi, mit Conumsm0ncrs, do you have 20 Mi~ SALMON Thank you, Chair, m,~'~l;~z~ of the 20 quesbons for staff on llus vananee request? 21 Commission I'll be pre,seating tho firat two poi'hops of 21 Conumsstoner Holt 22 tho item which is sid~valk and perknetor paving vanance~ 22 MS HOLT YeS ~ Salmon, there is a large 23 On the overhand, I've got a stt~ map that 23 apartment complex in that ama, isn't there? Wharo is ~4 shows whes~ tha subject site is It's on SlX~Cer Road 24 that located? 15 .lust to the east of Wandrow Lano l~ntonMumolpal MR. SAL~,iON l bchcve that is locat~d across ?LANNIN(} & ZONING COMIVIISSIONtiR AI~ 6 2001 Page 1 -Pagc 4 CondenseltTM Page 5 Page ? the road -- further to the east. If you're looking at ~--y'ro exempt from the lnicam r~ula~ous, ~bo existing 2 tlus map, It'S just off the map down In this area over 2 zomng, Light Indus~al zoning appbos You may Want to 3 here 3 add a condit~on to tho variance that those particular uses 4 MS HOLT okay And thero would be no rcason 4 thatwcrohstcdbehimted Thevanancebobascdon $ -- there's not a school They wouldn't be walking to a 5 those uses 6 school There would be no - those klds a~ probably 6 ~'~.M~tLt sosinccthey'roexcmptfromthc ? bussed 7 Into'tm ordinances, than they have to fall tn our cun~nt, 8 MR, SALMON Yeah Therc's not -- tn fant, I 8 theoldindustnalferL~ghtlndustnal Solgucssmy 9 don't know what school attoodance zone them is but 9 quesUon, then, is what would we make them do? And w~th 0 there's not a school within walking distance or a park 10 the same scenario that thew entrance would not bo on - I that I can thnk of 11 Spencer would be on this pnYate road hack them Who 12 MS, HOLT Okay Thankyou 12 owns that pnvate rend? 3 MR. MCNEILL' Corn.missioner Williams 13 MR. SALMON I m not entirely c~tatn I 14 MR. WILLIAMS Yes On that scction of the 14 kaow that them's access to the intemational lsotopes 15 road, wben does the City have any plans for fixing that 15 bmldtng from that rend There's access to the back of 6 side of the road at the same standards those apartments 16 thc steam plant I'm not cntu~ly carmm actually who 17 havetharo? Becausolmpthrou~htherogoingtothamall 17 ownsit 18 andlttskladofdan~orouswhav~youhaveoonsidoofthc 18 t~t~lda, nULL okay So then my questton ls 19 road real mca and youlu~ve th~ other side Of the r°ad 19 under tho same scaenno wh~ they would be using, somehow 20 almost kko a drop-off And I think one side of the road 20 they gained access to that private rend, then we would 21 may be rul'ul but the right side Is not rural because it's 21 requt~ what you have, what we're asking the vadanc~ for 22 curbed and 8uttered 22 ~ SALMON Again, If a private in&vtdual 23 MR. SALMON Therc:'s sctllally a small portion 23 came in and were gom~ to develop this prop~y, if they 24 of It tha~ has curb and gutter on the north side in front 24 v~ going to do some~ng, a slmll~;~j~o-~fof use vath 25 of the e~!~tm,~ si~e~m plant and th~n there's curb and 25 access to the north road, we'd be mahng the same Page 6 Page 8 gutter areas down in front of ll~ aparimes~s There are I recommendation If a private individual were to corac m 2 no plaimerl,improvements on Spencer Road at this tan~, not 2 and they we~ proposing something much mov0 intense, then. 3 m the current Capital Improvements Program We do 3 of course, we'd be ~cenunendtng against the variance 4 anticipate with anme davelopmemt that tha~ could ba son~ 4 M~ iviax'at LL nut if they were doing scmetlimg 5 improvements on Spencer Rend but the City da~ an~ have 5 L~e a small storage bmidm$ or they're going to store 6 anything p~,ogr~mraerl at this ~ne. 6 some material them 7 Ma. ~ct,~mL t gu~s I have a question The 7 ~ SAt~io~ ~ight. If they ~ going to do 8 applicant for this is antunily the Denton Municipal 8 som~ maybe mini-storage vath access to the private road or 9 Elactric which is own~l by th~ C~ty so it's actoally tho 9 something that doesn't generate a lot of tnaffio, v~'d I0 CAty that's tho applicant 10 probably be making tho same recommendation 11 lvlR. ~,LMON 'r~aat's correct 11 ~ Ma,,~ILL 'rhen staff would recommend that 12 IVI~MCN~IL[~ okay Iftiasw~roahght-- 12 wcguvcthamnvanancefromthesidcw~lksandthe 13 under tim ourrent zoning, a L~,ht Iudastrinl ~quest, what 13 improvement of Spencer Road 14 would our requh~ncats bo fur std~ndk and strceO 14 Iv~ SALMON correct If somcona was 15 t, lS. SAUaOS t.an-yorMr I~chhartmightt~erd 15 requestmgsomathingshniler 16 tobolpm~, Iflanderstandcortently, they'~dotnga 16 lvl~Ma, mmu ?hat was my qu~taon Okay 17 project plan on thts 17 Thank you very much Arc tborc other questions for stafi~/ 18 ~ IUUC~:-IA~T NO They got an examption 18 Conumssinner Williams 19 from the tllterhn regulations All they have to do is 19 Ma. WmLtAMS yes I'm wondaung why is that l0 plat 20 big gate out in front if it's not for use 21 tva~. SALMON okay Well, I think we would bo 21 ~ac SALMON ~'m sorry? 22 looking -- if son't¢one we~ gulng to como m vnth Light 22 ~ WILLI.t~S l'm wondering wliy thc gate for 23 Industrial zoning and plat this property, the standard 23 the mumcipni - because I'm loolang at the whole rather 24 would bo, you know, installation of the curb and gut~r 24 than the par~ Why is thcl* a big gate out m front if 25 and tha sidewalk In this case, because of, I guess, ' ' it's not for use? ~ PLANNING- & ZONING ~OMMISSIONI~R ~ 7 ~ 2001 Page 5 - Page CondensoltTM Page 9' Page 1 I I }.iR, SALMON okay I'm not familiar with 1 ll~ floor Is there a second? 2 where the larg~ gate is That may b~ a question for -- 2 M~ API'L~. second 3 I~.SP-~,S l,m ChuckSesra fromDonton 3 MILMC~ILL. lt'Sbecnmovedandsecondcd 4 MumolpalF. lcetno ~ Salmonlsatahttlcbltofa 4 that wc approve tho Spcnecr Road Adth~on for sidcwalk 5 &sadvantegebccaus~hcdoosn'tworkwithusdatly Otlr 5 vanancc, llA ConmussioncrR~shel 6 access to thru yard is actually here off Spencer Road on 6 ~ msust, yeah lust want to maha a 7 the front aS it is already a road today We also have 7 comment, and I think that what wa at~ in tho process of 8 aceess around the back for certain uses, btlt th~ llorraal 8 doing, which zs approving tho variance is cxa~lly what wc 9 ingress and ctp'css for the t~cks wollld be in this area 9 would do whether this was a private industry that owned 10 There's also a gate that goes into the -- toward tb-~ power 10 this or the C~ty el~ Denton that owned llus And I think I 1 plant building itself And there have been pcrtods of 11 that that consistency m how wc look at tl~s tlang for 12 tune that the back access is used more than tko other 12 ~ther a mumcipaht~ that would be the owner or something 13 Btlt right now, there's already an access on 13 else Is exactly where we need to be And so I'm glad thc 14 that road. We're not proposing to change what's on 14 d~eonon that thts has taken 15 Spencer Roa~ We're also not proposing to change any 1 ~ ~ ~a, mmc commissioner Wdhams 16 usage of th~ property There's no additional functions 16 ~a. w~ct~s well, hc~ I am thsaigcelng 17 add~l to lt. We're stmply moving ~qu~pment that's over in 17 again because I couldn't sec myself voting for any cahty 18 the power plant arco over to thts area 18 that has caused an apartment to improve th~r~ roads And 19 MR. WILLIAMS So you do use the ununproved 19 it, s wry obvtous when you drive down that road where :'0 road th~? 20 almost haft the road is gravel 21 MR. SEARS YeS, aK Tkaunapprovedroadwe 21 And to me it's a safoty hazard because ther~ 22 use some, but we also have access out front 22 am no speed bumps and it's really klnd of a drop-off, and 23 MR. WILLIAMS: Thank you 23 one s~do is a rural road and tho other sida ~s an urban 24 MIL MClXrF, ILL very good Thank you 24 road And whether ~t's the C~ty of I~-~- and also the 25 MR. SI~MIS Certainly 25 power company has a way to 8~namte money rather than tax Page 10 Page 12 I ~ MO,~AI,L other quo, at, oas for s~aff~ Do I money and so I will he voting against this motion 2 you have any closing comments'/ 2 ~ ivlcl~i~.c commissioner Rishel 3 ~R. aAU~ION NO, sir 3 ~ IUSH~C I understand whom th~ 4 I~.M~ okay Allrtght 4 Comnussianer~sconungfrom Ialsodnveflusroed 5 Conumsslonm, you've heard tho dtsousslon about tho 5 probably 30 or 40 tlmc~ a week and I don't think I, in 6 variance for the sidewalk and the variance for tl~ street 6 that time over the Ice or 15 years that I have rc~larly 7 improvemmts What is your pleasure? Commissioner Holt. 7 gone down that road, probably haven't cnoountered a dozen 8 ~ I~OI.T' I move to approve the primary plat 8 tracks turning m there that have impeded h-affio 9 of Lot 1, Block A of the Spencer Road Addition 9 whatsoever, athar turning in or turning out 10 ~ Mci, a/~. we uced to do the vanancas 10 ~ ych~CL I~XCUSe me I've been reminded, 11 first 11 I oecd to remind everybody that the motion on the floor ~s 12 I~s~O~.r sorry 12 fors~dcwalk We haven't got to thc stroct yct Sony 13 ~ Mch,~n.t. Yeah, wa need a separate me,on 13 about that 14 for each variance 14 MR. IUStmL The moral of the story is I dna't 15 Ms HOLT sobelpme Imovetoreconunc~d 15 thmkthalmpaotoftheroad~sgoingtochanl~fromwhat 16 approval of verlanc~ A and B 16 ~t is now and so I think wa're being consistent in whal 17 Ma. MCgee,C, aut it has to bo two svpara~ 17 we'r~loolangatbero Thankyou 18 manana, dn~m't ~t? One side says two and one aide says 18 ~ Ivica'~.luI, okay Adtht~onal thseussion on 19 one 19 the motion for the s~dewalk variance? 20 Ma. SNYDm~. ltdepends Whydon'tyou 20 ~vm. mt~CH~T 'rherowas somethsoussmn 21 s~era~ a out Pag~ 2 --.lust move to r~ommead 21 regarding that the vansoce just bo luml=d to this uso 22 venaac~uader 1 IA 22 nod I chdn't know If tho mot~on ran wlth just th~s usc, ~f 23 MS. HOLT I move to reoommead the varlauce 23 tt was sold for another hght industrial purpusa 24 under IlA 24 Ms Hocx I would hl',o to add that to the 25 ~ MCI'~n.I.. All right We have a motion on "' me,on __ PLANNING & ZONING COMMISSIONBR Ai 8, 2001 Page 9 - Ptige 12 CondenseItTM Page i3 Page I MR. MCNBILL' SO your ~dmcllt to the motion 1 Councd's approval of tho variances as requested 2 would be that this only -- 2 MR. MC"I~ILL IS thC~ a second7 3 MS HOLT would only be for this use, 3 ~s ~pcv. second 4 MR. MCNEILL That the onnent use of a 4 MICMa'~IL~ It'S bceamovcdandsccoodcd 5 substation and pole stora~ 5 Is thcrc any dtscusszon on ti~ motion on th~ floor';' All 6 m favor - all who dcslr~ to vo~ vote on tho board, 6 MS HOLT' Yes 7 MS APPLE Andlwfllstfllsocond 7 please Serry about that Votewhathcryon'mmfaver 8 MR., MCNEILI~ Arid so We still have the samc 8 or not Motion passes 4-! 9 second All ri/bt Is them additional discussion on the (CO~iMISStO~.a WltCV~S 10 motion? Would you votc on tha board, pleese Motion ~.Mct, ratcc ~h~ncxtitemononrAsendais and tho first 11 paSSeS 4-1 12 (COMMISSIONER WILLIAMS VOTED IN OPPOSITION) 12 th~ sollthwc~ 13 MR. MCN2ILL We now have before us a need for 13 Road ~ do with a chan~ 14 a motion on th~ vanence of the street unprovemcnt Is 14 15 them a motion on that? 15 that 16 MS APPLE I sec why she was confused beeausc 16 id~oa~ca 17 they're baokwards in the motions as pertahfln~ to the 17 ~ ~ Oh, I shpp~d 18 Agenda Th~y'mflipped Solvallmakeamottonto 18 on6 ljumped~ol3 ~havothesa 19 reonw, mond approval of 1 lB 19 Commissioners Sorry about 20 MR. MCNIilLL, Do we have a second? Wlththe 20 that No 12 lcous~der 21 flsn'~ conditions? 21 22 MS APPLE With th~ same conditions 22 So, I b~ve Ms Viera is 23 MS HOLT Second ~ that, Sorry about the confusion ~4 MR MCNBILL SO It'S beau llloved and seconded Ms VlERA. That'S okay Co~oon, ~$ Is ther~ any dL~cll~io~? Vote on the board, please Chairman, today we'r~ cons~denng th~ pr~hngnnry and Page 14 I Motion passes 4-1 final r~plat of a lot of 14 aor~ lecat~x1100 f~t south 2 (COMMISSIONBR WILLIAMS VOTED NO) f ~ 'I~s 3 MR. MCI, II/ILL, Tho next ~tcm on our ASenda is d~velop~d lot Thc zoning is Commercial It is 4 Item 11C wMch has to do with the prelt_m{~ary plat of ~ that 5 this property And I behave Ms Vlere has the discussion 5 lust to have a record of it 6 on that 7 MS VIBRA chairman, Commission, toulght we 7 on thc first subchwsions 8 am consi, de~ing th~ prchndnery plat of Spencer l~.oed $ Howc~cr, 9 Addition, of the dt~tall that was provided by David salmon 9 want d boondancs l0 that em applicable to this plat 'With th~ approval of 10 of tho lot 11 the variances, the proposed plat meets tl~ rexluuements 11 12 ¢$tabhsh~:l by the stlbdivlsion rcqalrc~ts -- I'In sorry,12 thsmct It is dcvelopcd tho minunum 13 bythesubdivl$1onordinancC Andstafflsl~.comnlending 13 zcq~tScstebhahcd' dcvalopmeatrc~lat~on 14 approval 14 Staff is 1~ MR. MCNBILL Are there qtlestious for staff 15 for 16 fromtl~Commissieners? Is there a motion? I'vebcca 16 staffhaforelc : don't sea any 17 rormndeXt that a motion, if w~ make one, should be 17 so thank you t the pubhc 18 conditional on CRy Councd approving the variances 18 19 Otherwise, the plat approval would not be coo'eot Self 19 AOd ask if tho a ~0 the motion xs to approve the plat, then it should be 20 ham Would Please como forward Stet~ 21 conditioned on th~ City Council approvln~ th~ variances for th~ record, please 22 CommiSsioner Pashel 23 MR. RISHEL I'd like to move for the approval ~ ~ Idy name ts Oary Hammctt 24 of the pre!~mmory plat of Lot 1, Block A of the Spencer with Hammer and Nosh Bnl~nccrml~ And v~ arc 2!; Road Addition, contingent upon th~ approval of City th~ property for the PLANNIN(~ & ZONIN(} CO1VIMISSIONBR ~ 9 ,, 2001 Page 13 - Page Agenfla Item AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2001 DEPARTMENT: Planning Department ~[l CM/DCM/ACM. Dave Hill, 349-7715 "'~ SUBJECT - SP-01-0007 (Denton Retail - Wal-Mart Out-parcel) Consider approval of a resolution for a ProJect Plan for approximately 1 82 acres, in a Commercial conditioned (C[c]21) zoning district, generally located on the southeast side of Loop 288, less than 800 feet south of Spencer Road Two retail buildings with related site lmproveraents are proposed BACKGROUND The subject property is currently undeveloped and lies between the existing Wal-Mart Super Store and Loop 288 (See attachment 1) The site is surrounded by Commercial zoned property on the south side of Loop 288 and by Light Industrial (LI) zoned property on the north side of Loop 288 Agriculture (A) zoned property is also found in the immediate region Other retail and service uses he along Loop 288 (See Attachments 1 and 2 ) } The subject property is located in a Commercial conditioned (C[c]21) zomng district created m 1995 )~ Comprehenmve Plan Analysis · Land Use - The project s~te ~s located in a "Regional Mixed Use Center" d~strict New development ~n this district 1s intended to be the shopping, services, recreation, employment, and institutional facilities required by and supported by the region Staff finds the proposed use conastent with the intent of the Comprehensive Plan · Urban Design - The apphcant has incorporated many of the design components identified in the Denton Plan such as quality architectural design and incorporating street trees into the design (including along the building frontages) However, as ~dent~fied in the Denton Plan and reinforced during the visual quality survey, buildings should be oriented towards the street to create a suitable street wall with no parking between the street and the building The orientation and location of Building B ~ncludes parking spaces between the building and Loop 288 The proposed elevation of the parking spaces ~s approximately 3' h~gher than Loop 288 making the visibility of the parking even more dominate Relocating the building and/or reducing the sizes of the building would allow for design alternatives that would not effect the use &the s~te but allow no parking between the building and the Loop · Transportation - As identified in the Denton Plan, one of the major transportation policies as the use of access management practices to make the investment m roadway infrastructure as cost efficient as possible One important strategy is to hmit the number of curb cuts, wbaeh increases the efficiency of the transportation system The applicant is proposing chrect access from Loop 288 Given the proposed site design and the location of th~s access (approximately 250' from the mmn entrance of the Wal-Mart plaza), staff believes that a high level of cut-through traffic will be generated creating a safety issue assoemted with the parked ears As demonstrated w~th the Oak Tree Plaza site design, staff does not believe that the Loop 288 Access IS warranted, will decrease the efficiency of Loop 288 and will lead to ~nappropnate cut through traffic The apphcant recently received a variance from the Traffic Safety Adwsory Board to allow the proposed Loop 288 access, but City Council is not bound by that dec,sion The staff report from David Salmon w~th h~s recommendation of denial and the minutes from the Traffic Safety Advisory Board are contained in Attachment 4 Site Design Analysis A design issue, related to the Loop 288 access, ~s the internal access and subsequent circulation pattern, between the proposed s~te and the existing Wal-Mart loop road (across from the gas station) The applicant IS proposing two driveways separated by a small island The driveway location(s) and the proposed ~ntersection angle(s) do not adequately delineate traffic flow and may create a potentially dangerous situation The potential for accidents at this location is exacerbated due to the potenUal of cut-through traffic associated with the proposed Loop 288 access The ~ffort to hmIt the number of curb cut on th~s pomon of Loop 288 does have a recent president (sP-oO-Ol, approved 5/2/00) The developer of the property to the north of th~s site, Oak Tree Plaza originally proposed to have a curb cut onto Loop 288 In working with staff, the appheant removed the curb cut and the project has been developed with redirect access (Attachment 5) Staffbeheves that the Oak Tree Plaza development shows that direct access is not required and has led to a improved s~te design Comphanee w~th draft Zomng The draft-zoning map denotes this s~te as "Regional Center Commercial - Neighborhood" (RCC-N), which allows retail sales, up to 55,000 square feet and restaurants by nght Eleven (11) courtesy notices were mmled regarding the ProJect Plan request OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny~ 4 Postpone consideration 5 Table item RECOMMENDATION All the t~chnical requirements of a project plan are addressed on the ProJect Plan for the Denton Retml - Wal-Mart Out-parcel s~te, and the plan meets the mimmum reqmrements of City Codes 2 However, staff has recommended agoanst allowing the curb cut onto Loop 288 and as the precedentl~s to hm~t the number of such access points ESTIMATED PROJECT SCHEDULE The subject property ~s platted and must be replatted pnor to development ~ftwo s~gns are to be constructed A revmed Final Plat has been submitted and rewewed by the Development Rewew Committee A rewsed Prehmmary Plat must be submitted and approved, prior to approval on the revised Fmal Plat PRIOR ACTIONfREVIEW The following Is a chronology of SP-00-0007, commonly known as the Denton Retoal - Wal- Mart Out parcel site Appllcat~on Date- Apnl 16, 2001 DRC Dates - April 26, 2001 FISCAL, INFORMATION Development of flus property will ~ncrease the assessed value of the c~ty, county, and school d~stnct It will require no short-term pubhc ~mprovements that are the responsibility of the c~ty As a form of lnflil development, no extensmn of pubhc ~nfrastructure is necessary to service this s~te ATTACHMENTS 1 Locatlon Map 2 Zoning Map 3 S~te Plan 4 Traffic Safety Adwsory Board report and m~nutes 5 Oak Tree Plaza project plans 6 Draft iOrdlnance R~espect~lly subm~tt~.d Darector of Planmng and Development Prepared by Planner I 3 ATTACHMENT 1 SP-01-0007 (Denton Retail - Wal-Mart Out parcel) NORTH LOCATION MAP Scale None 4 ATTACHMENT 2 A SP-01-0007 (Denton Retail - Wal-Mart Out parcel) NORTH A& PD-55 SUP 8 C / Lowe's A A C U A qc]21 Wal-mart ZONING MAP Scale None ATTACHMENT 3 ~ [ '~ I < 6 . ,~,,,,, //o~/~ ~--~- ~ I ..... ~ ~ ~,,,,,,.~ . ,...~ .... ., ~~~/ ' , .. I ...... I il. ~ II Ill*Il I J I I Ill II I*~ l, IJlJ !! .!! ]l, uil!Lii ~ -"i", JJJ ijj h,h Illl '~1 ~ ,Il III J,' I" J ~ IJllh , ii Iii I ,,,,, ,1[, 8 ATTACHMENT 4 ITEM #2 Consider a variance of Section 34-115 (D)(3), Access Standards for Arterial Streets for two pad sites on Loop 288 north of Bnnker Road (Super Wal Mart) Bill Foose, representing the owner of the subject pad sites has applied for a ~ anance of Section 34- 115(D)(3) of the Code of Ordinances concermng access standards for armal streets The c~ted ordinance requires a mtmmum spacing of 300 feet between driveways on an menal street The street in question is Loop 288 The City's current Mobihty Plan designates Loop 288 in this location as a Primary Arterial The applicants propose an addit,onal driveway 180 feet o the south of the main Wal Mart driveway, which is 120 feet short of the 300-foot requirement The apphcant is proposing to subdivide the existing lot 4 of the Wal-Mart Azdmon into two lots Lot 4R-1 and 4R-2 will each contmn a small stand-alone retail building and xx~ll not be a convemence store or gas station It should be noted, that a previous application for this m e x~as approved in 1997, however the proposed development did not materialize Because the new prc?osal involves a new and different site plan and different uses the previous approval is not valid, ,-nd a new application is required If granted, this variance would be applicable only for the current' proposed site plan and uses Since the previous application, the City of Denton has adopted an lnterm zoning ordinance that requires City Council approval of site plans for all commercial developmer The proposed site plan has not yet been reviewed by City Council Therefore, even if the Traffic S_tet~ Commission grants the variance, there is no guarantee that the site plan will be approved by the Ctrx Council Staff feels it is appropriate for the TSC to make a determination on the driveway variance before site plan review so Councd will have that information available when they review the pla, rather than to have City Council approve a site plan and then have the applicants apply for a dnvexx ax ~ anance Within the past SlX months, City Council reviewed the site plan for Oak 'Dee Plaza, which is also located in front of the Super Wal Mart on the other side of the mare dr ex, ay In the course of Councd's review, an additional proposed dn,,eway onto Loop 288 for that Lex elopment was deleted from the site plan That action gave staffclear direction that the C~ty Cour.~l ~s concerned with the addition of driveways on this section of Loop 288 Thc Traffic Safety Commission may grant this variance if all of the follo~x in: fix e criteria are met The commission shall not approve variances unless it shall make finds '~ed upon the evidence presented to it in each specific case that (1) The glantmg of the variance will not be detrimental to the pubhc sa clx health, or ,,x elfare or Injurious to other property, (2) The conditions upon which the request for a variance is based are ~.mque to the property for wlnch the variance is sought and are not applicable generally to other property, (3) Because of the particular physical surroundings, shape or topogr.pl~cal conditions of the specific property involved, a particular hardship to the owner v, ou d result, as dlstlngmshed from a mere mconvemence, if the strict letter of these regulations is canned out, (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan or Studies, except that those docun ents may be amended in the manner prescribed by law, and (5) The specml or pecuhar conditions upon wluch the request ts based did not result from or were not created by the act or conumssmn of the owner or any prior owner, subsequent to the date ofcreatton of the reqmrement fi.om wtuch a variance ~s sought Staff recommends demal of the variance based on the following analys~s 1) Grantmg the variance wtll adversely affect pubhc safety, health, or welfare The proposed s~te plan ~s superior to that proposed ~n the prewous apphcatton The proposed driveway wall tnclude a deceleration lane and an acceleratton lane In addit~on, the stackang proposed for the new and extsttng driveways ~s suffiment The new driveway w~ll primarily serve the two pad s~tes and does not pmwde a d~rect cut through to the mmn parking lot In sp~te of the ~mpmved stte plan, an addmonal driveway on Loop 288 ~n tins location ,~11 cause more traffic c0nge~t~on and more confltcttng movements 2) The apphcant has offered the followmg rattonale for thetr apphcatmn The only other access to these pad sttes ~s the mmn Wal Mart Driveway Because tt serves such a large parktng lot, there ~s a very large staclang reqmrement on that drive In addmon, the approved landscape plan for Wal Mart tncludes preservtng a grove of trees near the ~ntersecuon of Loop 288 and Brmker Road, ~vh~ch hm~ts the possible locattons of secondary driveways on Loop 288 3) Becartse of the physmal constraints described ~n 2 above, the relatively small stze of the s~te and the d~stance from other driveways servtng the Wal Mart s~te access to these pad s~tes would have to be almost entirely from the Wal Mart nng road ~luch ~s a legmmate disadvantage for these sttes 4) Granting the variance wdl not vary any prows~ons of the Zoning ordinance or any of the City's master plans 5) Although the grove of trees is a natural restnctmn, ~t appears to staff that original developer created the stze, shape and location of the site The physical condmons surrounding this apphcatton appear to be selfqnfltcted RECOMMENDED MOTION I move that we deny the variance of' Section 34-115(D)(3) of the Code of Ordinances concerning access standards for arterial streets for the proposed Lots 4R-1 and 4R-2 of the Wal Mart Addition as ~t does not meet all five of the required criteria to estabhsh a physical hardship 10 THE STAINBACK ORGANIZATION DAI No 97005-50 November 15, 2000 Traffic Safety Board C~ty of, Denton City Hall West 221 North Elm Street Denton, Texas 76201 Reference Request for Driveway To Whom It May Concern A vanance ~s being sought to construct a dnveway to se~ce outparcels of the Wal-Mart Add,ben fronting Loop 288 A Conceptual S~te Plan has been ~ncluded ~th th~s request that dlustrates the location of the proposed dnveway Th~s proposed dnveway ~s hm~ted by the ex~sbng C~ty Ordinance No S4 115 D 2 (Access Cntena) Th~s section of the ordinance hmlts the distance between drives located on pnmary or secondary artenals Previously, Mr Jerry Clark (Director of Transportation and Englneenng) reviewed and approved a set of civil drawings prepared by K~mley-Hom Engineers that ~nd~cated the location, s~ze and type of th~s proposed dnve Th~s vanance request ~s being pursued as a formahty based on Mr Clark's prior approval The developer also agrees to construct a deceleration lane as shown on the pre~ously approved set of plans, ~f required Pursuant to the above menboned plans, Dunaway Associates, Inc has begun processing a Replat that subdivides the existing Lot 4 rotc proposed Lots 4R1 and 4R2 Th~s proposed subdw~slon has allowed us to contract w~th a purchaser for Lot 4R2 To support this petition for vanance of City Ordinance Section No 34 115 D 2, a Conceptual S~te Plan, a prehm~nary Replat and traffic counts have been included Please feel free to contact me with any questions or needs for additional information S~nce r.e~.y-;~ ~lll Foose -' President BAT/bat ' Traffic Safety Commission February 5, 2001 PRESENT SllVla Lesko, Marshall Smith, Michael Montlclno, Greg Sawko, Fred Hill, Pat Cheek, and Chamrman, Barry Walters STAFF Jerry Clark, Staff Liaison David Salmon, City Engineer Jack Richardson, Traffic Manager Pat KiIlebrew, Secretary II Chairman Walters called the meeting to order at 5 30 PM, and )nformed the Commission Item #3 on the agenda had been removed ITEM #1 REVIEW AND CONSIDER APPROVAL OF DECEMBER 18, 2000 MINUTES Lesko made a motion to approve the minutes Sawko seconded the motion Mobon passed unanimously ITEM #2 CONSIDER A VARIANCE OF SECTION 34-115 (D)(3), ACCESS STANDARDS FOR ARTERIAL STREETS FOR TWO PAD SITES ON LOOP 288 NORTH OF BRINKER ROAD (SUPER WAL MART) Salmon said the site )s located at Loop 288 just north of Brlnker Rd in front of the Super Wal-Mart The apphcant is proposing a driveway, which )s about 180 feet to the south of the main Wal-Mart driveway Th)s is 120 feet short of the 300 feet minimum spacing requirement The apphcant is proposing to take an exlsbng platted lot, a pad s~te in front of the Wal-Mart, and subdivide it into b~/o parcels There will be hA/O, stand-alone, retail buildings with one driveway bebA/een the two buddings It should be noted there was a prev)ous apphcatlon for a dnveway )n this location, in 1997, whmch was approved However, the proposed development did not materlahze These apphcants have reapphed for a driveway in the same location, and because the use and site plan are considerably different than what was approved )n 1997, they have to go through the process aga)n Variances of this 12 Traffic Safety Commission - February 5, 2001 Page 2 of 10 nature for driveways are generally s~te plan and use specific The C~ty ~s currently under an interim-zoning ordinance that states commercial site plans have to be approved by C~ty Council If the Traffic Safety Commission approves th~s variance, there ~s no guarantee City Council w~ll approve the s~te plan C~ty Council needs to have the Commission's recommendation before cons~denng the ~tem It should also be noted the buildings just to the north of th~s s~te, Office Max and PetSmart (under construcbon,), did have a driveway ong~nally proposed on their s~te plan, which d~d meet the minimum spacing requirements C~ty Council approved the s~te plan w~th the cond~bon that the driveway be removed Staff feels Council has given us some dlrecbon in terms of dnveways on th~s section of Loop 288 The Traffic Safety Commission may grant th~s vanance If all of the following five criteria are met The Commission shall not approve variances unless it makes a finding based upon the evidence presented to it m each specific case that (1) The granting of the variance w~ll not be detnmental to the pubhc safety, health, or welfare or ~n.lurlous to other property, (2) The conditions upon which the request for a variance ~s based are unique to the property for which the variance ~s sought and are not apphcable generally to other property, (3) Because of the particular physical surroundings, shape or topogreph~cal cond~bons of the specific property ~nvolved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, ~f the strict letter of these regulations ~s carned out, (4) The variance w~ll not ~n any manner vary the prows~ons of the Zoning Ordinance, Denton Development Plan, Master Plan or Studies, except that those documents may be amended ~n the manner prescribed by law, and (5) The special or pecuhar cond~bons upon which the request ~s based d~d not result from or were not created by the act or commission of the owner or any pnor owner, subsequent to the date of creation of the reqmrement from which a variance ~s sought Staff /s recommend/nc/den/a/of the proposed vanance ~3 Traffic Safety Commission - February 5, 2001 Page 3 of 10 Staff th~nks granting the variance would have adverse effects on public safety, health, and welfare There doesn't appear to be anything unusual about the s~te physically, ~n reference to elevabons or shape of the property or unusual physical features that would preclude using access from the ex~st~ng Wal-Mart driveway and from the Wal-Mart ring road Staff doesn't feel that the variance meets all five of the apphcat~on criteria Cheek sa~d she couldn't figure out where the s~te was located Salmon sa~d ~t's a small pad s~te in front of the Super Wal-Mart on Loop 288 It's between Brlnker Rd and the ma~n Wal-Mart driveway Sawko said ~t ~s adjacent to the gas stabon Mont~clno asked the d~fferences between the proposed use here and the prewous approval Salmon sa~d the prewous apphcat~on ~ncluded a gas station and convemence store w~th a driveway that had a straight cut-through to Wal-Mart Th~s particular s~te plan has an offset so ~t's not straight through Also instead of a gas station, a retad-type store ~s proposed Monbc~no asked ~f there was potential for stack-up Walters sa~d there's stack-up there anyway Walters asked how far ~t was from the proposed cut to the one-way lane going to Wal-Mart Salmon said about 180 feet Waiters asked ~f right turns would be the only way ~nto the proposed drive Salmon sa~d yes The developer was also proposing a bull-nose m the driveway, a right-turn deceleration lane ~nto the driveway, and another lane between ~t and the Wal-Mart driveway Walters asked ~f there was enough room for that lane Salmon sa~d yes, staff feels there ~s w~th the ex~stmg nght-of-way They probably wdl have to modify the drainage along the side of the road Smith said going the other way, there ~s a left turn arrow Where does that enter? Salmon sa~d that was the left turn for Bnnker Rd Monbc~no asked why the City Councd modified the prewous plan Salmon sa~d staff thought they were concerned w~th the volume of traffic on Loop 288 and the back-ups already experienced at Spencer Road Walters sa~d Councd also had developers put ~n a driveway from Spencer ~nto the area, rather than coming off Loop 288 Walters asked If there were any other questions He asked ~f there was anyone speaking for the proposal to come forward, state their name and whom they were w~th Bdl Foose, Sta~nback Corporation, Dallas, came forward to address the Commission Sta~nback manages the property and ~s a part of the partnership that owns it Th~s partnership has owned th~s Traffic~Safety Commission - February 5, 2001 Page 4 of 10 property s~nce 1997 and was responsible for getbng the variance for that s~te plan They were not of the understanding that the approval was s~te specific They bought 78,000 feet and always had the ~ntent~ons of subd~wd~ng the lot They talked with the City about a curb approach and the City d~d not recommend a curb approach on Loop 288 The developers said they wanted to explore other ~deas because they d~d not feel it would negatively ~mpact traffic and felt ~t would be positive for traffic flow They hired Klmley-Horn, and Associates to study the area K~mley-Horn had several meetings w~th the City and with Texas Department of Transportation A set of plans had been s~gned by Jerry Clark, C~ty Engineer They thought building the decelerabon lane was the determining factor for the plans to be approved They d~d not realize the use of the site was a factor Earlier this year, they sold some of the land to an operator to put m a sandwich shop and a small retail building They hired an eng~neenng firm to replat the lot so ~t could be subd~vided They d~d not realize they had to get another approval of the approach because they already had signed plans When the engineering firm met with the Development Review Committee, they were told the driveway from the lot to Loop 288 was not permitted No one had ever told them the prewously approved plans were s~te specific Ideally, they wanted the driveway to line up on the property I~ne so It would spht the property line and be used by both parbes The location of the drive was reached mutually w~th the City staff and the bull-nose was a recommendation of the City Walters asked If In 1997 when the first plan was approved, was the median ~n the m~ddle of Loop 288 at that t~me Foose sa~d yes Th~s curb approach ~s a right-in and right-out approach No left turn Is allowed Th~s allows, ~n our open,on, an enhanced access to th~s retail area Foose said the deceleration lane was what makes th~s plan work W~thout that, ~t would slow down traffic We are allowing traffic to get onto the deceleration lane to turn into th~s dnveway, and get out of the flow of traffic Walters asked how far ~t is from the proposed driveway to the Wal- Mart mare driveway Foose said Salmon sa~d 180 feet Foose said they could move ~t farther west ~f needed Mont~c~no sa~d then ~t would be closer to another intersection Foose said yes, but ~t ~s a controlled intersection that has a light Walters said he has a concern w~th the accelerabon lane going r~ght ~nto the exit of Wal- Mart Foose said he had not heard ~t called an acceleration lane before He thought they were extending the decelerabon lane for Traffic Safety Commiss~on - February 5, 2001 Page 5 of 10 the Wal-Mart dnve, but ~t ~s a merging lane, which ~s not uncommon m major through-fare construction Sawko said people would be making a right turn and those going to the Wal-Mart exit would be making a right turn also The d~stance ~s too close between the curb and the exit Walters sa~d the bull-nose ~s also extending into that lane so someone going to Wal-Mart would have to move over to the left and back over to the right lane to get ~nto Wal-Mart Mont~cmo sa~d people could use the deceleration lane to turn right ~nto Wal-Mart Then there are two nght turn lanes There would be competition between the two lanes Foose sa~d ~t would also be an opportumty It was their ~ntent to have one decelerabon lane serving the driveway and the Wal-Mart dnveway Foose satd the ~sland (bull-nose) was the C~ty's ~dea Sawko sa~d ~t was not the ~sland that was the problem Maybe the Commission was not being clear enough If access were allowed to th~s major through-fare, ~t would need to be a r~ght-~n, not right- out type atmosphere People would be dnwng on Loop 288, wanting to go to the Wal-Mart parking area, and ~nstead move over ~nto the acceleration lane, which ~s the nght-out and that's where the pubhc safety becomes an ~ssue Foose sa~d he wanted to rem~nd the Commission that they had a set of plans s~gned by Jerry Clark Sawko said that d~dn't matter because they were before the Commission today to determine whether or not a vanance should be appropriately granted based on the criteria Foose said he wanted to make the point that Mr Clark had reviewed every ~ssue the Commission was speaking of Phil F~schler, of K~mley-Horn & Associates, came forward to address the Commission K~mley-Horn put together the set of drawings the Commission was rewew~ng F~schler sa~d he would try to address some of the concerns of the Commission The dnveway ~s located down from a s~gnal-controlled ~ntersect~on The break m traffic flow would allow the people wanting to turn right out of the dnve to turn Sewko asked If they could make the entrance a nght-m only and not a right-out exit Rschler sa~d that was one of the options several years ago and at that t~me, the option was dec~ded against F~schler woutd have to d~scuss th~s option agatn w~th the developer Cheek asked ~f the variance was not granted, where do the customers enter Fmchler sa~d they would use the Wal-Mart entrance Cheek asked ~fthere was another entrance to the south of the mare entrance Sawko said yes, Bnnker Rd Sawko sa~d Wal-Mart currently has two entrances to their property Walters Traffic Safety Commission - February 5, 2001 Page 6' of 10 sa~d actually they have three, one off Spencer, one off Loop 288, and one off Brmker Sawko sa~d ~t was menboned that a sandwich shop would be on the 25,000 foot lot What w~ll be on the 50,000 foot lot? Foose sa~d ~t would be retail Sawko said ~t would be a h~gh occupancy area Foose sa~d yes, ~t ~s the type of retail that needs good, qu~ck access Sawko sa~d so m your opinion, people would not go to the s~te ~f they had to go to one of the s~de entrances Foose sa~d ~t would ~nh~b~t whom you could market to Smith asked where ~t's possible to make a left turn on Loop 288 Foose sa~d on Brlnker and Spencer Foose said they do not want to create a traffic hazard for the Cffy of Denton They are w~lhng to make further studies, traffic counts or whatever is prudent to convince the Commission that they are not planning an unsafe approach They feel ~t provides better access and more safety to this area than what ~s currently there Sawko sa~d he doesn't feel the r~ght turn- out w~ll work He thinks it will create too much danger on Loop 288 He would hke to see an alternabve proposal, a right-in, blocking the right-out, ~s a much better proposal Sawko sa~d he would be m favor of that, but he doesn't feel he could vote for the proposal as ~t ~s presented right now Lesko sa~d she would agree w~th Sawko She drives th~s area a lot and sees what goes on now Adding another r~ght turn would not help matters Sawko sa~d he went to the area before the meeting and there was a lot of stack-up Walters asked Salmon ~f there were options other than approwng the variance as written Salmon said the Commission could grant the variance as apphed for, deny the vanance, or grant the variance with some conditions, such as a rlght-~n only driveway ~f they w~shed to make that recommendabon H~II made a motion to grant the variance with the condition that the driveway be a rlght-~n only and no right-out H~ll said he felt the Commission needed to grant the property owners some k~nd of access to their property Sawko seconded the mobon w~th the cond~bon that there was enough deceleration before the nght-~n turn He felt th~s was what the developer proposed Monbc~no sa~d before he voted e~ther way, he would hke to see a plan He doesn't want to vote for something he can't see Sawko asked the developer what k~nd of bmehne he was following so the Commission could know how ~t would be affected 17 Traffic Safety Comm~ssion - February 5, 2001 Page 7 of 10 Foose said the right -in only turn would probably work, but he would hke to see how that works so people wouldn't be trying to come out the turn-in only F~schler sa~d certain measures can be designed ~nto the turn to d~scourage the out movement such as traffic control measures, raised pavement markers, and s~gnage, but somebmes people w~ll still go out an in-only turn Walters asked how far the dnve was from the pad site Foose said It was not much d~stance There ~s a little more right-of-way there, but basically the dr~ve ~s straight into the pad s~te Sawko sa~d ~sn't there a decelerabon lane going ~nto the property Rschler said ~t ~s designed with a 50 feet stacking link and a 90 feet transition, per C~ty standards Cheek said she d~dn't know a business would operate w~thout access Lesko said there are three entrances Sawko sa~d w~th the rlght-~n only, people could come in to the business, but would have to go out one of the other ways Hill withdrew his previous motion and Sawko withdrew his second so the developer could study this proposal for another month Montlcino made a mobon to table the variance request Sawko seconded the motion The motion passed unanimously $awko noted to the developer that if the Commission approves the variance, it doesn't mean that the City Council will approve it ITEM #3 Review and Consider Approval of an Ordinance Prohib,tlng Parking In the Right of Way on the north side of Spencer Road for a Distance of 845 feet located 3078 feet from Woodrow Lane and 2821 feet from Loop 288 Clark sa~d th~s area is opposite Spencer Oaks Apartments, located between Spencer and Woodrow Lane Spencer Oaks Apartments does not have enough parking for Its ws~tors They are trying to work out a compromise w~th Building Inspections for more parking Spencer Oaks wants to use crushed rock and the C~ty requires hard surface parking In the meanbme, cars have been parking along the right-of-way of Spencer Road, making ~t d~fficult for traffic to move along Spencer The "No Parking" is for a d~stance of 645 feet Staff tned putbng s~gns out, hoping the problem would go away, it d~dn't so staff ~s asking for the ordinance Staff ~s recommend/nq prohibition of parking on the north s/de of Spencer Road/n the n,qht-of-way d~rect/v across from the entrance to Spencer Oaks Aoartments I RAFT Traffic Safety Commission March 5, 2001 PRESENT Greg Sawko, Marshall Smith, Sdwa Lesko, Pat Cheek, Geof B~ssell, i and Chairman, Barry Walters STAFF Dawd Salmon, Staff L~alson Jack R~chardson, Traffic Manager Pat Kdlebrew, Secretary II Chairman Walters called the meeting to order at 5 31 PM ITEM ~1 REVIEW AND CONSIDER APPROVAL OF FEBRUARY 5, 2001 I MINUTES' Sawko made a motion to approve the m~nutes Lesko seconded the mobon The motion passed unanimously ITEM #2 CONTINUE CONSIDERATION OF A VARIANCE OF SECTION 34.'1 '15 (D)(3), ACCESS STANDARDS FOR ARTERIAL STREETS FOR TWO PAD SITES ON LOOP 288 NORTH OF BRINKER ROAD (SUPER WAL-MART) Last month when the Commission considered th~s, the apphcants were showing a two-way, ~n and out driveway located 180 feet south of the current Wal-Mart dnveway on Loop 288 The Commission expressed concern w~th the exit movement being so close to the other driveway The apphcant Ind~cated they would present a new drawing showing an entrance only dnveway The apphcant's revised drawing sbll shows a two-way driveway The apphcant has sh~fted the orientation of the buddings and moved the driveway so ~t ~s a httle more than 200 feet from the Wal-Mart driveway By ~ncreas~ng the distance from the other dnveway, they were hoping the exit movement would be acceptable One aspect of th~s new s~te plan ~s a straight cut through to Wal-Mart Staff feels people will use th~s cut through ~nstead of the driveway designed for a high traffic load to Wal-Mart Staff wdl be working with the apphcant on th~s Th~s driveway has parking spaces off ~t and people backing ~n and out of ~t Staff feels the number of people using th~s driveway would need to be mlmm~zed Staff rs stiff recommendlnq den/al of th~s vanance as proposed 18 Traffic Safety Commission - March 5, 2001 Page 3 of 15 of access off Loop 288 The suggestions at the last meebng were to ehmmate the m/out, and that's what they were trying to get away from Walters asked ~fthe parking for budding A, ~n the old drawing, was adjacent to the driveway Sawko sa~d budding A ~s larger m the new d~agram Suarez sa~d the parking ~n the new drawing ~s decreased They decreased the parking and put m a median area and loading area Suarez sa~d part of the reason they moved building B was the Planning and Zoning Committee wanted them to screen the parking lot so when you drive by on Loop 288, you don't see a sea of cars The new ~dea or presentation that Planning and Zomng ~s trying to create, w~th the look of new centers, ~s not a strip center way back w~th a sea of cars ~n front of ~t They want the budding as close to the road as possible As a result of that, parking was put on the s~de and rear of budding B If building B were turned where both buddings faced one another, the result would be only parking lot m the center Also, some trees were added and outside tables for eating Suarez sa~d they were trying to do what was best for both departments Planmng and Zomng was very much against seeing a sea of cars Ken Conway sa~d there ~s someone present from their eng~neenng company ~f there was questions concerning the deceleration lane Chairman Walters sa~d the deceleration lane was not really the problem at the last meeting The problem was people trying to go around the deceleration lane and the ~sland to out going traffic Sawko asked what was the stack on the deceleration lane Todd Blackwell, Dunaway & Associates, came forward to answer the question Blackwell sa~d ~t ~s a 50-foot storage w~th a 90-foot transition Th~s ~s the C~ty of Denton's standard deceleration lane That was g~ven to us to use at the February meeting The owner had a nght-m and right-out access and the Commission recommended a change to a nght-~n access only Blackwell sa~d they moved the driveway more to the west or southwest to increase the d~stance between ~t and the regular Wal-Mart access driveway Blackwell sa~d after their meeting w~th the Development Rewew Committee, ~t was determined that there was some m~scommunmat~on Suarez was not a part of the ~mt~al meetings and was not aware the Commission wanted the drive to be a right- In only As a result of our meetings w~th the Planning staff, th~s s~te plan was prepared Walters sa~d apparently you changed the budding pos~bon In the minutes, the Commission sa~d nothing about mowng the drive, but making ~t a nght-~n only because of the safety problems w~th the right-out dnveway Blackwell sa~d the s~te plan submitted last month also had parking going d~rectly into the 20 Traffic Safety Commission - March 5, 2001 Page 41of 1{5 driveway, so that was not d~fferent from the current s~te plan Cheek asked ~f the 50-foot storage was five car lengths Blackwell sa~d there ~s a 50-foot area called storage, which ~s the actual length of the deceleret~on lane Cheek asked ~s that about five car lengths? Blackwell sa~d about two and one-half lengths and the 90- foot trens~t~on Cheek asked what trans~bon meant Blackwell sa~d there is 90 feet to make the trens~bon from the outside lane to the deceleret~on lane Waltere said looking at the back of the lot, there is an entrence from the Wal-Mart parking lot into the property, but the only exit is on the s~de ~nto the Wal-Mart access driveway by Officemax Cheek sa~d there was some concern w~th the parking along building A, but conceivably, people could park anywhere and walk to the retail stores Suarez sa~d yes, he was assuming when the parking was full, such as lunchtlme, they m~ght park in the Wal-Mart parking lot and walk to the stores Their concern was, w~th a nght-~n only entrence and only one ex~t, treffic would bottleneck ~n the back of the property Th~s was the reason for the second exit They moved this exit to the east so there would not be a straight cut through to the Wal-Mart parking lot Smith sa~d he hked th~s plan It seems hke it w~ll take a lot of the pressure from the Wal-Mart entrance by hawng another nght-~n turn for people to use Suarez sa~d before he bought the property, he spent seven or e~ght hours s~ttmg ~n the Race Trac parking lot watching the traffic The majority of people going to Wal-Mart would turn ~n at the Bnnker Road entrance and not go further east to the entrence by Officemax This may mean people would not use their entrance when going to Wal-Mart, but use the Bnnker Road entrence Sawko said there was a concern about the parking for building A and the parking opposite braiding ^ Sawko sa~d if the retail were hke Radio Shack and Subway, there would probably be a lot of traffic ~n and out with short stops at the stores With the right turn drive and people pulling out of the parking spaces, there is the potential for accidents in the parking lot Suarez said they were under the ~mpress~on that the decelerabon lane needed to be moved more to the west from the other dnveway on Loop 288 and doing that, didn't leave many other ways to put in both the drive and the parking B~ssell sa~d th~s was his concern too B~ssell said th~s driveway has the potenbal to become the second ma~n route ~nto Wal-Mart It has already been stated that most people use Bnnker Road as the main route and ~f ~t becomes crowded, th~s new dnve would probably be their next choice Suarez said he tends to drive slowly through a parking lot because someone might push a baby stroller or a shopping cart out ~nto the parking lot He felt people 2! Traffic Safety Commission - March 5, 2001 Page 5 of 15 would rather go ~nto the next entrance, the regular Wal-Mart entrance because ~t ~s so much w~der than th~s one Sawko sa~d th~s site plan has added roughly 2000 square feet of building Suarez sa~d the new plan ~s about 500 square feet larger than the one from last month They felt w~th a fast food place, they would need the extra parking There would only be one fast food store because there wouldn't be enough parking for any more Chairman Walters asked ~f there was anyone else speaking for or against the proposal No one came forward, and the session was closed to the pubhc Lesko asked what staff thought of the new s~te plan Salmon sa~d the plan was new to staff also The drawing on the projector was the one that was submitted to staff for the meebng Obviously there had been a change ~n plans ~n the last week The nght-~n ~s an improvement ~n terms of traffic conflict Staffst/ll has concerns and still recommends denlal of the variance One clanficabon needs to be made The m~mmum stacking d~stance according to the C~ty's standards for deceleration lanes is 80 feet and the trans~bon d~stance ~s m~nlmum 100 feet If th~s variance ~s approved and the plan ~s approved by C~ty Council, they w~ll have to modify the design on the turn lane It w~ll also have to be rewewed by the Texas Department of Transportation Cheek asked ~f it could be made longer Salmon sa~d yes Chairman Walters asked ~f th~s ~tem had been tabled and brought back, why were the new plans not brought to staff before the Commission Waiters said the plan they were proposing was not the plan he had rewewed Salmon sa~d maybe the apphcants could answer the quesbon Suarez sa~d the property went under contract several weeks ago and ~mt[ally Foose was the property owner working on the project About two weeks ago, Foose turned the project over to Suarez s~nce Suarez was buying the property Suarez stepped into the m~ddle of th~s and what was seen on the projector was B~II Foose's ~deas and what was given to the Commission tonight was only developed ~n the last e~ght days after meeting w~th the Planmng department Walters sa~d the plan wasn't presented back to staff Suarez sa~d no They received ~t about three days ago from their architects Sawko sa~d he felt the first plan was a better plan even though ~t puts the parking ~n the m~ddle and Planmng and Zoning doesn't want that W~th the parking in the m~ddle, ~t allewates a lot of the potential parking hazards W~th the nght-~n turn, ~t becomes a ma~n reute all around the property The old plan seems to be safer after making the turn an entrance only w~th the proper stacking Then on Traffic Safety Commission - March 5, 2001 Page 6 of 15 building A, there are only a certain number of cars pulhng ~nto the ma~n lane On the new plan, cars are pulling ~nto the ma~n lane from both s~des Walters sa~d the applicants cannot go back to the old plan because Planmng and Zoning changed ~t Suarez sa~d they wanted the buildings as close to the mad as possible so the cars wouldn't be seen Smith sa~d ~f people can't handle themselves ~n a parking lot, ~t ~s not really any of the Commission's bus~ness Sawko sa~d ~sn't the old plan I~ke Officemax, where the building ~s to the s~de and the sea of cars ~s ~n the m~ddle? Suarez sa~d that is what the Planning and Zoning Committee ~s trying to avoid As of the 15th of May, they w~ll beg~n to create the look, as ~n Flower Mound, of the buildings close to the mad and the parking ~n the back Cheek made a motion to approve the variance of Section 34- If5 (D)(3), Access Standards for Arterlal Streets for two pad sites on Loop 288 north of Br~nker Road (Super Wal-Mart) as presented with a right, in entrance only and with the agreement to change the stacking and transtt~on d~stances to the C~ty's standards Smith seconded the motion Smith, Lesko, Cheek, Bissell, and Walters voted to approve the variance Sawko voted no Motion carried to approve the variance wtth the exceptions noted above ITEM #3 Consider a variance of sect,on 34-115(D)(3), Access to Arterials for a proposed shopping center development on the Northeast corner of University Drive and Bonme Brae (Old Bill Utter Ford Dealership) Salmon sa~d th~s s~te ~s where the J~m McNatt car dealership ~s presently located Salmon sa~d McNatt ~s supposed to be relocabng to 1-35 Th~s property Is being looked at as redevelopment for a grocery store, some retail space, and also a gas stabon The s~te plan on the projector was presented to staff and has not been to the Planmng and Zoning Committee or to C~ty Council yet There ~s a good chance there w~ll be some modifications to the s~te plan, but for the Commission's purposes ~t should work, letting you know what the developer ~ntends to do and whether or not driveways are appropriate Walters asked ~f the proposal shows an entrance ~nto a gas stabon, does th~s mean the gas stabon may not be there? Salmon sa~d no, staff felt there would be a grocery store, some retail and a gas station, but In terms of the arrangement of the buildings and the parking, the details may change before ~t goes to C~ty Council The uses w~ll not change 23 Attachment 5 Oak Tree Plaza Original Plan Pr°P°sed dtrect] access to Loop 288 / Auuroved Plan % ~X~$~NO~ ~ . / ~op 288 L~MART " [RACT " 24. ATTACHMENT 6 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN LOCATED WITHIN A COMMERCIAL CONDITIONED (C[c]21) DISTRICT, BEING AN APPROXIMATE 1 82 ACRE SITE LOCATED ON THE SOUTHEAST SIDE OF LOOP 288, LESS THAN 800 FEET SOUTH OF SPENCER ROAD IN THE CITY OF DENTON, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE (SP-01-0007, DENTON RETAIL - WALMART OUTPARCEL) WHEREAS, on March 2, 2000 the City Council adopted Ordinance No 2000-069 whmh estabhshed certmn nonrestdenttal interim regulations (the "Nonrestdentml Interim Regulations"), and WltEREAS, the Nonrestdenttal Interim Regulations established, among other things, a project plan reqmrement, and WI-IEREAS, the owner of an approxtmate 1 82 acre tract of land zoned Commerctal condttloned (C[c]21) located on the southeast side of Loop 288, less than 800 feet south of Spencer Road in the City of Denton, Texas has made an application for approval of a project plan under the Nonresidential Interim Regulattons, a copy of which ts attached hereto as Extublt "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the City Council finds that the Project Plan, with the condmons imposed hereto, if any, meets the reqmremants of the Nonresxdentlal Interim Regulattons, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The ProJect Plan whmh ~s attached hereto and made a part hereof by reference, ~s hereby approved, subject to the following condttlons Llghttng on the property shall be designed and maintained so as not to slune and project upward to prevent the diffusion into the mght sky SECTION 2 Th~s resolutton shall become effective immediately from and after ~ts approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 25 26 AGENDA INFORMATION SHEET AGENDA DATE: May 15, 2001 DEPARTMENT: Planmng Department . l CM/DCM/ACM: Dave Hill, 349-8314 SUBJECI - A-01-0002 (BlaggRoadAnnexattonArea) Consider adoption of an ordmance on first reading to involuntarily annex approximately 46 acres of land m the eastern section of the City of Denton Extratemtonal Jurisdiction (ETJ) The site is generally, located on the south side of Blagg Road, approximately 1000' west of Lakevlew Boulevard (A-01-0002) BACKGROUND An lnvoltmtary annexation proceeding is being considered by the City of Denton for the Blagg Road annexation area (See Attachment 1) The two required public hearings were held on the April 3, 2001, and April 17, 2001, City Council meetings The Planning and Zoning Comnnsslon held a public heanng on Wednesday, April 11, 2001 As indicated in the Annexation Schedule (See Attachment 2), the second reading of the Blagg Road annexation ordinance is scheduled for June 5, 2001 Both readings of the ordinance require super-majority adoption by City Council as per City Charter requirements On April~ 11, 2001, the Planning and Zomng Comzmsslon voted 7-0 to recommend approval of the proposed annexation The Commission also voted 7-0 to recommend approval of placing the subject armexatlon area into an Agriculture (A) land use and zoning district, if the annexation is approved, After hearing comments from the surrounding residents regarding the proposed density as noted on the draft zoning map, the Planning and Zoning Commission voted 7-0 to review the transition zomng district designation as part of the draft zonmg map review SERVICE PLAN As per state law, a service plan has been prepared and made avmlable for public inspection (See Attachment 3) Because the area to be annexed contains one abandoned house, immediate demand for services is low Future development of the 46 acre tract is anticipated to use only 41 acres of bmldable land, taking into account approximately 5 acres of Environmentally Sensitive Area The annexed tract will be entitled to city police protection, fire protection and prevention, emergency methcal service, solid waste collection, mmntenance of roads and streets, library services, ~code enforcement, building inspections and consumer health services, and planning and development servmes upon the effective date of the annexation OPTIONS 1 M0antmn land area 2 Delete land area 3 Amend Service Plan 4 Deny 1 RECOMMENDATION Staff recommends that the annexation process proceed as scheduled Staff recommends approval of the Service Plan ESTIMATED PROJECT SCHEDULE Council 1s scheduled to consider adoption of the annexation ordinance at thc second reading on June 5, 2001 PRIOR ~CTION/REVIEW The issue of annexation of this area was first raised as a result of the property owner's representative requesting information on development regulations for thc subject property A concept plan was presented to staff, showing 142 residential lots, w~th approximately 10,000 square feet per lot As this property is located m the ETJ, development would be subject to only the C~ty's subdivision regulations, but not any zoning regulations The following ~s a chronology of A-01-0002, commonly known as Blagg Road Annexation Imtml Contact Date- December 13, 2001 Pre-Design Application Date - January 8, 2001 City Council W/S Date - January 9, 2001 DRC Date - January 18, 2001 Petition filing Deadline - March 26, 2001 City Council Date - Apnl 3, 2001 P&Z Commission Date - April 11, 2001 C~ty Council Date - Apnl 17, 2001 FISCAL INFORMATION Development of flus property will increase the assessed value of the city, county, and school district It will reqmre no short-term public improvements that are the responsibility of the city ATTACI~IMENTS 1 Location Map 2 Annexation Schedule 3 Draft ,Ordmance with the Service Plan as an attachment 4 Written Comments l~spect fully submitted .tl Douglas ~ P0well, AI~CP ' D~rector of Planmng and Development Prepared by Beth Hudson Planner I 2 ATTACHMENT A-01-0002 ~ (Blagg Road Annexation) NORTH LOCATION MAP I Pg 3 Scale None ATTACHMENT 2 ANNEXATION SCHEDULE for the Blagg Road Annexation Area Friday, March 1, 2001 Involuntary Annexation Pet~bon filed, Annexation Study & Service Plans drafted, 30 day not~ce of intent to annex sent to the property owner and each pubhc entity or private enbty that prowdes services in the area Friday, Mamh 16 Annexation Service Plans completed Wednesday, Mamh 14 Notice sent to be pubhshed on Saturday, March 17 on City Webs~te and In Denton Record-Chromcle for C~ty Councd's first pubhc hearing Friday, March 16 Property owner nobces and Posbng of s~gns Monday, March 26 Deadline for receipt of petitions for oppos,t,on (10 days after notice) Tuesday, April 3 City Council conducts first public hearing Wednesday, March 28 Notice sent to be pubhshed on Sunday, Aprd 1 on C~ty Webs~te and in Denton Record-Chronicle for Planning and Zomng's pubhc heanng on annexation and zoning and for second C~ty Councd pubhc heanng on annexabon and zomng Wednesday, April 11 Planmng and Zoning Commission's pubhc hear;ng to consider making a recommendation to the C~ty Councd regarding the proposed annexabon and the proposed zoning Tuesday, April 17 City Counc,I conducts second public hear,ng Sunday, Aprd 29 Annexation ordinance pubhshed on C~ty Webs~te and ~n Denton Record-Chmnmle Tuesday, May 15 First reading of annexation ord,nance - C~ty Councd by a four- fifths vote ~nsbtutes annexabon proceedings Tuesday, June $ Second reading and adoption of the annexat,on ord;nance and zoning ordinance - C~ty Councd by a four-fifths vote takes final action 4 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 46 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF BLAGG ROAD, APPROXIMATELY 1000' WEST OF LAKEVIEW BOULEVARD 1N THE M FORREST SURVEY, ABSTRACT NO 417, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A01-0002) WHEREAS, on January 9, 2001, the City Council of the C,ty of Denton has directed staff to begin annexation proceedings for annexation of approximately 46 acres of land described herein, and WHEREAS, on April 11, 2001, the Planmng and Zomng Commlsmon recommended approval of the annexation, and WHEREAS, the City Councd finds that the area being annexed contains fewer than 100 separate tracts of land on which one or more remdentml dwelhngs are located on each tract, and WHEREAS, this annexation ~s being made under Subchapter C-1 of Chapter 43 of the Texas Local Government Code, and WHEREAS, the City Council finds that all required nonces were g~ven in the time and manner required by law, and WHEREAS, public heanngs before the City Council were held ~n the Council Chambers on April 3, 2001, and April 17, 2001, (both days being on or after the 20th day but before the 40th day of the date of the mst~tutmn of the proceedings) to allow all ~nterested persons to state their views and present evidence beanng upon this annexanon, and WHEREAS, annexation proceedings were ~nst~tuted for the property described here~n by the ~ntroducO_on of thru ordinance at a meeting of the C~ty Council on May 15, 2001, and WHEREAS, this ordinance has been pubhshed ~n full one time ~n the official newspaper of the C~ty of Denton on April 29, 2001, after annexation proceedings were ~nstltuted and 30 days prior to C~ty Council takang final action, as required by City Charter, and WHEREAS, the C~ty Council finds that the annexation will allow the city to ensure development conmstent w~th The Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Page 5 C \Beth s Projeets~Annexat~on~Blagg Road\Ord from legal doc SECTION 1 The tract of land descnbed m Exlublt "A", attached hereto and ancorpora~ed by reference, is annexed to the City of Denton, Texas SECTION 2 The service plan attached as Exlubat "B", and incorporated by reference, which promdes for the extensaon of mtmlcapal services to the annexed property, as approved as part of this ordinance The servme plan was made avmlable for pubhc inspection and explanation to the mhabatants of the area bemg annexed at the above described public heanngs SECTION 3 Should any part of this ordinance be held illegal for any mason, the holding shall not affect the remmnlng portmn of this ordinance and the City Council hereby declares ~t to be ~ts purpose to annex to the City of Denton all the real property described in Exhlbat "A" regardless of whether any other part of the described property as hereby effecttvely annexed to the C~ty If any part of the real property annexed ~s already included within the city hmats of the C~ty of Denton or wattnn the hnuts of any other caty, town or village, or ~s not within the Caty of Denton's junsdaetlon to annex, the same is hereby excluded from the temtory annexed as fully as ffthe excluded area were expressly described in flus ordinance SECTION 4 Ttus ordinance shall become effective ~mmedaately upon its passage and approval PASSED AND APPROVED ti'ns the __ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 6 S \Our Documents\Ordmances\01'u~.01-0002 doc EXHIBIT A LEGAL DESCRIPTION Being a tract of land s~tuated in the M Forrest Survey, Abstract No 417, Denton County, Texas and being part of a tract of land described in a deed to Nell Musgrave, et al, recorded in Volume 293, Page 418, of the Deed Records of Denton county, Texas and being more particularly described by metes and bounds as follows BEGINNING at a fence post on the south right-of-way hne of Blagg Road (variable w~dth right-of-way being the northeast comer of smd Musgrave tract and being the northwest comer of a tract of land described m a deed to Lakemew Ranch L P recorded in Volume 4391, Page 1738 of the Deed Records of Denton County, Texas, THENCE South with the east line of smd Musgrave tract and a wire fence, and the west hne of smd Lakewew Ranch tract, a d~stance of 1643 50 feet to a fence post being the northeast comer of a tract of land described in a deed to Doug Prewltt and Anna Kay Prew~tt recorded in Volume 1965, Page 834 of the Deed Records of Denton County, Texas, THENCE West w~th the south hne of smd Musgrave tract, and the north hne of smd Prew~tt tract, and the north line of the H O and Lavoma Jo Prewltt tract recorded in Volume 820, Page 614, of the Deed Records of Denton County, Texas, a distance of 1421 00 feet to a point on the north line of a tract of land described m a deed to Doug Prewltt and Anna Kay Prewltt recorded in Clerk's File No 93-R0057448 of the Deed Records of Denton County, Texas, also being the southeast comer of a 15 foot road easement conveyed to Beatrice J Peterman, recorded in Volume 481, Page 526, Deed Records of Denton County, Texas, from smd point a "T" post bears North 32 degrees 01 m~nutes 38 seconds East, a d~stance of 5 34 feet, THENCE North with the west line of smd Musgrave tract, and the east line of said road easement, a distance of 710 41 feet to a ½"iron rod found for a comer, THENCE East, a d~stance of 165 00 feet, to a V2 inch iron rod set with a cap stamped "Precise Land Surv" being an ell comer of smd Musgrave tract, THENCE North, a distance of 261 78 feet, to a V2 ~nch iron rod set w~th a cap stamped "Precise Land Surv "being an ell comer of smd Musgrave tract, THENCE West, a distance of 165 00 feet, to a ½ ~nch iron rod found for a comer, on the east line of the aforesmd 15 foot road easement, THENCE North, with smd eat line, a distance of 247 72 feet, to a 3/8 inch iron rod found being the southwest comer of a tract of land described in a deed to Arch Oldham and Jonme Kathleen Dunn Oldham recorded m Volume 2860, Page 802 of the Deed Records of Denton County, Texas, 7 THENCE North 89 degrees 59 minutes 36 seconds East, with the south line of said Oldham tract and a wire fence, a distance of 676 35 feet to a fence post being the southeast comer ora tract of land described in a deed to Ernest B Parsons recorded in Clerk,s File No 97-068152 of the Deed Records of Denton County, Texas, THENCE North 00 degrees 05 minutes 17 seconds West, with the east line of smd Parsoas tract and a wire fence, a distance of 416 59 feet to a fence post on said south right-of-way line being the northeast comer of said Parsons tract, THENCE North 89 degrees 28 minutes 01 second East, smd south right-of-way line, a distance of 745 32 feet to the POINT OF BEGINNING, and contmmng 2,003,300 square feet or 45 989 acres of land EXHIBIT B CITY OF DENTON ANNEXATION PLAN FOR A-01-0002 (BLAGG ROAD) I AREA ANNEXED The annexation area is located in the eastern portion of Denton's Extraterritorial Junsdmtlon and contmns approximately 46 acres along the south side of Blagg Road approximately 1,000 feet west of Lakevlew Boulevard The annexation site is found south of Blagg Road, approximately 1000' west of Lakevlew Boulevard II INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Municipal famhtles and sermces to the annexed area descnbed above will be provided or made avmlable on behalf of the City in accordance with the following plan The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure mmntenance avmlable in other parts of the city with similar topography, land use, and population density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation B Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation The City of Denton will provide emergency Medical services, ("EMS") C Road and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be mmntalned by the City of Denton on the effective date of the annexation New traffic control devices will be installed as approved by the Denton City Council Installation and mmntenance of street signs, street lighting and traffic control devices will be mamtmned by the City of Denton on the effective date of the annexation C Parks and Recreation Facilities Parks and recreational famhtles in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan No parks are currently located within the proposed annexation area Denton neighborhood park facilmes are the which are located within reasonably close distance of the proposed annexation area Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs D Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are malntmned throughout the city E Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City Both services are provided on a "cost recovery" basis, and permit fees offset the costs of servmes delivered Incomplete construction must obtmn bmldmg permits from the Building Inspections Department of the City of Denton F Planning and Development Services Planning and development services will be will be made available on the effective date of the annexation The Planning and Development Department currently services fins property by way of admlmstratlon of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations City Council adopted The Denton Plan, the tory's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contaan a Community Mixed Use Center, Neighborhood Centers, Existing Neighborhoods / Infill Compatibility Areas, and 100 Year Floodplmn / Environmentally Sensitive Areas The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplmns as environmental and open space comdors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed IV UTILITY (RATEPAYER) SERVICES A Solid Waste Collection The City of Denton is the exclusive residential and commemlal solid waste service provider in the City The Department is an entirely fee based 10 operation and received no resources from taxes Sohd waste collection service will be provided to the property upon the effective date of the annexation using existing personnel and eqmpment Resxdents have the option to choose between a private company or service wxth the City of Denton The Cxty of Denton Sohd Waste Department will honor ex~stlng contracts w~th private solid waste servme providers after the effectxve date of this annexation ~n accordance wxth Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive sohd waste collectmn servme, the customer must contact the City of Denton Customer Servme Office and submit a request/apphcat~on for service Currently the site contmns one vacant residential structure B Water/Wastewater Facilities Mmntenance of water and wastewater factht~es ~n the area to be annexed that are not w~thm the service area of another water or wastewater utthty will begin upon the effective date of the annexation using existing personnel and equipment Currently, the area to be annexed ~s provided w~th a private water well and a private wastewater system No City of Denton water or wastewater lines exist ~n the annexation area The C~ty shall prowde a level of water and wastewater service, infrastructure, and infrastructure mmntenance that ~s comparable to the level of services, infrastructure, and ~nfrastmcture mmntenance avmlable m other parts of the c~ty with topography, land use, and population density slmdar to those reasonably contemplated or projected ~n the area C Drmnage Services Drainage m~untenance will be pmvlded to the property upon the effective date of the annexation The Caty shall prowde a level of drmnage servmes, infrastructure, and infrastructure maintenance that ~s comparable to the level of sermces, infrastructure, and infrastructure mmntenance avmlable in other parts of the c~ty w~th topography, land use, and population density s~nnlar to those reasonably contemplated or projected ~n the area D Electrical Services Denton Mumclpal Electric is certffied by the State and is obhgated to provide electric utthty service to the annexation area should a request be made by a property owner Electric utthty sermce w~ll be made avtulable on the effective date of the annexation on the same bas~s and at the same level as s~mdar facilities are mmnt~uned throughout the c~ty Denton Mtmlclpal Electric is the current electric servme prowder for th~s s~te V, OTHER SERVICES Other services that may be provided by the C~ty, such as mtm~c~pal and general administration will be made avmlable on the effective date of the annexation The City shall provide a level of services, infrastructure, and ~nfrastmcture mmntenance that is comparable to the level of services, infrastructure, and ~nfrastructure 11 mmntenance avatlable ~n other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected ~n the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of additional water, sewer, street, and drainage facflmes will begin within two and a half (2 ½) years unless certain serwces can not be reasonably provided within that period If certmn services can not be reasonably prowded, the City will provide those services w~th~n four and a half (4 ½) years after the effective date of the annexation unless the construction process ~s interrupted by c~rcumstances beyond the control of the C~ty Construction of other capital xmprovements shall be considered by the C~ty as the needs d~ctate on the same basis as such capital ~mprovements are considered throughout the C~ty VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall reqmre the City to provide a uniform level of full municipal services to each area of the C~ty, ~nclu&ng the annexed area, ff different characteristics of topography, land use, and population density are considered a sufficient bas~s for prowdmg different levels of service VIII TERM This service plan shall be valid for a term of ten (10) years Renewal of the serwce plan shall be at the &seret~on of City Council IX AMENDMENTS The service plan may be amended if the C~ty Council determines at a public heanng that changed conditions or subsequent occurrences make th~s service plan unworkable or obsolete The C~ty Council may amend the serwce plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) 12. ATTACHMENT 4 NOTICE OF PUBLIC HEARIN6 A-01-0002 The City Council of the C~ty of Denton will hold the first of two public hearings on Tuesday, April 3, 2001, to cons~dei annexing apprommately 46 acres into the corporate c~ty hmits of the C~ty of Denton, Texas The property is located in east Denton, south of Blagg Road, apprommately 1000 feet west of Lakewew Boulevard as shown on the backside of th~s not~ce Enclosed for your informat~on ~s the annexation and z~one change request schedule, which notes all the required meebngs The Planning and Zoning Commission will hold separate public heanngs, on the same property, on Wednesday, April 11, 2001, to consider making a recommendation to City Council regarding the proposed annexation and~ zoning the unzoned property to Agriculture (A) zoning district, changing to Neighborhood Centers (NCR-6 and NCMU. I2) upon adoptmn of the new Development Code The public hean~gs will start at 6 00 p m in the City Council Chambers of City Hall located at 215 E McKmney Street, Denton, Texas Because you own property w/th/n the annexation area or within 200' of the subject property, the Ctty Council would Ilke to hear how you feel about th/s annexation and zoning request and mwte$ you to attend the public hearlng~ Pubhc hearings are designed to provide opportumtles for 'citizen involvement and comment Please, ~n order for your opm~on to be taken into account, return this form with your comments prior to the date of the pubhc hearing (This m no way prohibits you from attending and part/cipabng in the public heanng ) You may fax it to the number located at the bottom, mall It to the address below, or drop it off in-person Planning and Development Department 221 N Elm St. Denton, Texas 76201 Attn, Beth Hudson, Planner I Please circle one ~'~n~avor o..f request~ Neutral to request Opposed to request Comments We favor the zoning request with the following conditions Contractor to be limited to 3 houses per acre No trees to be removed on the frontage property due to road expansion or other iwork on Blagg Road Residents on Blagg Road would have affordable or free access to water/sewer Pnnted Name Dou~Ooiles Ma~hng Address 5511 BlagE Road City, State Z~p Denton TX 76208 ,/I)'~ ,=Z Telephone Number 940-383-7434 (Business) Physical Address of Property w~th~n 200 feet 5511 Slagg Road ClTY OF DENTON. TEXAS ClTYHALLWE 13. ~TON, TEXAS 76201 · 9403498350 . (F) 9403497707 0 /_.,/_01~.L ~.q. 44 ~m~?0-~,46~.0 E~FE SVSTEMS ItlC P,~GE NOT CE 01= PUBL]:C HEAR]:N6 A.01-0002 The City Council of the City of Denton w~ll hold the first of two public hearings on Tuesday. April 3, 200t. to consider annexing approximately 46 acres Into the corporate c~ty hm~ts of the C~ of Denton. Texas The property is located In east Denton south of Blagg Road. approximately 1000 feet west of Lakevlew Boulevard as shown on the backside of this notice Enclosed for your information Is the annexabon and zone change request schedule which notes all the required meetings The Planning end Zoning Commission will hold separate public hearings, on the same property, on Wednesday, April 11, 2001, to consider mai(lng a recommendatton to City Council regarding the proposed annexation end zoning the unzoned property to Agriculture (A) zoning district, changing to Neighborhood Centers (NCR-6 and NCMU-12) upon adopbon of the new Development Code The pubhc hearings will start at 6 00 p m In the City Council Chambers of City Hall located at 215 E McKInney Street. Denton. Texas Because you own property w/thru the annexation area or w/thin 200' of the subject property, the City Council would like to hear how you feel about th/s annexation and zonm~l re(Tuest end invites you to attend the public heanngs Pubhc heanngs are designed to provide opportunlbes for citizen Involvement and comment Please. in order for your opinion to be taken into account, return this form w~th your comments prior to the date ol= the public heanng (Th~s ~.n no way prohibits you front attending end part;cipabng m the public heanng ) You may fax It to the number located at the bottom, marl It to the address below, or drop ;t off m-person Planning and Development Department 221 N Elm St Denton. Texas 76201 Attn Beth Hudson, Planner I Please circle one In favor o1 request Neutral to request ~.o requ?~st_ ents Pnnted Name ~, ff~/ ~. ~, /~ s ,m, Mell,ng Address ~ ~ ~1~ ~ ~ ~d Telephone Number ~- [~- Physl. I Address of Prope.y w.th,n 200 .etI 03/£3/2001 OC 32 I NO CE OF PUBLIC HEARIN6 A~1~002 The C~ Council of the CI~ of Denton will hold 2001. to ~nsider annexing approximately 46 acme mto the ~omte ~ I]ml= of t~ C~ of Denton, Tex~ ~e prOpe~ is Io~t~ In east Denton, sou~ ~ Blagg Road. approximately 1000 feet west of ~ew Bouleverd as shown on the backside of ~b no~ En~osed for your info~a~on ~ the an~xat~n and zone change reque~ s~edu;e, which notes a[l ~ r~ulred mee~ngs The Planning and Zoning C~mmlsslon will hold separate public heannOs, on the seme prope~, on W~nesday, ~1 ~1, 2001, to consider maMng · ~=ommenda~on to CI~ Council regarding ~e p~p~ed ann~atlon and zoning Nelghborh~ Cen~ (NCR~ and NCMU-12) upon adop~on of the n~ Development Code ~e public heanngs ~11 s~d at 6 00 p m in the City Coun~l Chambers ~ C~ Hell lo.ted at 215 E M~lnney S~et, DenOn, Texas Because you own prope~y w~hm the annexabon ama or ~hln 200' of the subject pmpe~, the C~ ~ncll would like to hear ~w you feel a~ut this annexaUon and ~ and Inv~s ~u to a~end ~e public heann~s Public bead.s am ~ned to pro.de op~umties for c~lzen In~lvement and ~mmant Please, in order for ~ur op1~io~ to b~ ~k~n into ~unt, return, this fo~ w~h your ~mmen~ ~or to ~e da~e of the public heanng (This m no way pmhib~s you ~m aEendl~ and pe~pabng In ~e public heanng ) You may ~x it to ~ number lo.ted at the boUom, mall it to the address be~, or drop It off In-pe~on Plannln9 and Development Depa~ent 22t N. Elm St Denton, Texas 76201 A~n: Beth Hudson, Planner I Please circle one In favor of request Neutral to request (~Opposed to requeat~ Comments: Telephone Number GI~ OF DENTON, TEXA$ C~LLWE' ].~) O1 12=3Gp ?;~4EI3;'3010 p NO CE OF PUBLIC HEARING A-01-0002 The City CounCil of tile City of DenOn w~l hold ~e first of~o public hearings on Tueaday~ April 3, ~00t, to ~n~i~er annexing apprommate~y 46 acres into the corporate city lim~ of ~e C*ty of DenOn, Te~s The pro~e~y Is [o~ted m east Denton, south of Blagg Ro~d, approximately 1~0 feet weat of L&kevlew ~ulevRr~ as s~own on ~e De.side of this notl~ Enclosed [or your Inro~aUon IS ~e annexation and zone change request schedu(e, which notes all the required meetings The Planning an~ Zoning Gamml~len w#l hol~ separate pu~llo hearings, on the same prope~y, on Wednesday, April ~1, ~00% ~ to ¢onsMer making a ~aommen~atlon to Gl~ Council regaling t~e pro~ose~ ~nnexa~on an~ ¢onlng the unzone~ prope~ ~ Agrlauffu~ (A) zoning dlsfrlot, changing ~o Nelgh~orhoo~ ,Cen~ers (NOR-B an~ NG~U.9 2) upon a~optlon of ~he new Development Co~e The pubtm hearings wil~ sta~ at 8 00 p m in the City ~un¢ti Chambers of CI~ Hail Io~d at 215 E McKmney Street, Denton, Texas, Because you own prope~y within ~he annexation area or w~thln 200' of the ~u~je¢t p~pe~y, the Of~y Council would like to hear how you feel a~out ~hl~ ~ zo~lnq ~gue~t ~nd Invl~ee you to a~end the public he~nngs Public heannga are designed to provide oppo~un[t~es fo~ citizen involvement and comment Please, In order for your opinion to be taken into account, retum,~ls ~orm wlt~ your ¢ommem~ prtur [u U~ ~ate o~ tl~ pubZ~c h~adng (Tl~s in no way p~h~t~ you lmm a~endlng and pa~lolpa~lng In the public hearJng ) You may fax ~t to ~e number la.ted a~ the b~om, mall ~{ to the addm~a below, or drop It off l~pemon Planning and Development Dapa~me~t 221 N. Elm St. Denton, Texas ~8201 Attn Beth Hudaon, Planner I Please circle one - Comments ClW, State ~p ~S~, ~ ~o5~ ~) ~ z Physical Address of Prope~ within 200 feet ~t~,~H ~~T I Cl~O~O~O~ ~ ClTYH~LWE~ ~6 ON, TE~ 7820~ · e40~83~0 · (F)e40~7707 AREA CALCULATIONS FOR A-01-0002(Blagg Road Annex.) Calculated By EAH Date Calculated 3/26/01 A TOTAL AREA (S~te and 200' Not~ce Area) 3,406,757 s f B AREA OF SITE ONLY 2,027,934 s f C AREA WITHIN 200' NOTICE AREA (A - B) 1,378,823 s f 1 PROPERTIES iN OPPOSITION Location / Address Area* 5511 Blagg Road 21,099 s f 5521 Blagg Road 18,322 s f 5533 Blagg Road 19,019 s f 5555 Blagg Road 36,805 s f 5579 Blagg Road 25,961 s f 5610 Blagg Road (approx) 358,284 s f Total Area ~n Opposition 479,490 S f Area of property within 200' of subject property 2 PERCENT OF NOTICE AREA IN OPPOSITION (1/C) 34 8% April 10, 2001 Beth Hudson Denton Planning and Zoning Comnussion 221 N Elm Denton, Tx 76201 Dear Beth, We understand an item on your upcoming agenda ~s to consider a request for rezonmg a 47 acre tract on Blagg Rd, which borders Lakevlew Ranch We are residents of Denton, having recently purchased a new home in Lakeview Ranch We are opposed to th~s rezonlng request. Rezonmg this tract of land to retail and mulmfamlly housing would, in all hkehhood, increase the traffic around my residence, increase crime tn our area and lower the value of my home We rehed on Denton's master plan when we purchased our home and would be moved to leave if the plan changed to affect us m a negative way We hope the rezonmg request ~s demed Please feel fzee to call us if you need further reformation or ~fwe need to appear m person Smcerel,~ ~9 ~ (q o)z z- o3sq 84/1~/2001 15 5~ 97_96&$~-6 FORSHAGE PA~E 01 ^pnl 10, 2001 Denton Planning and Zomng Commission Attn Beth Hudson 221 North Elm Denton, Texas 76201 Demr MS Hudson My v~fe mhd I are current residents of H~hland Vd]age and are m the proces~ of buddmg our 'd~eam' home at 7000 Apps/oosa Court at Lakev~ew Ranch m Denton Yesterday, we becs_me very d~stresaed to learn that a proposal has been presented to rezone a sec~on of land adjoining the Lakeview Ranch fa¢lhty as a retail and mulls-family housing zone I hope you can ~magine how conc~rl'i~ we have be~o~le to Te~li~ that the v~ reason that we have purch&eed th~a land, our privacy and security, may now be destroyed along vath our investment The purpose of this letter therefore, ~nce we will be unable to attend the Denton C~ty Council Meeting on Wednesday is to sl~'ongly prote~t this rezomn& If there ia some way that we may go on record in protest, we w~sh to do so nda and Kerrmt F.orahage ~/ 400 Patr~a Lane HIghla_~dl Village, Texas 75077 Phone 972-966-6326 Fax 972-966-6726 19 Ap~-lO-O1 09:09P P O~ FAX MESSAGE Richard C & Mananne Bartz P O Box 2929 Denton, TX 76202 Ph (940)271-1392 Fax (940) 271-1393 Marianne bartz(~_ .yahoo corn Date Apnl 10 2001 TO Beth Hudson From Manmmc & R~chard Bartz Fax 940-349-7707 Pages l Re Rezomng ot 47 a~re~ on Blagg Rd D~ar Beth We are new home OWIR.~I':~ m the ! ~kevlew Ranch sub&v~s~on and ~so new ~o the D~n~oll area It wa~ wRh great concern Omt we learned rhts morning ol a pro~al to reTone a 47-ac~ t~! on the ~outh side ot Blagg road The r~zomn~ would be xo allow tbr aparlmems ~d retail We mov~ to Denton and th~s ~ea to ~ m a quiet res~denn~ commumty while sl~II ~mg able to dnve ~o ~he ~m~I tac~hucs m m~ We d~dn'~ warn all the thm~ that Piano ~d C~llton had to offer (htgh zraffic~ crime ~d no,se) W~ le~l that allowing t~ rezonmg offl~s area would adversely affect Ihe m~egnty ot what ~s developing ~ a wondertul ~mmumty We do not ~ow how ~t would ~ff~t our ~y value, however ~I ~ lot ~he a~ve reasons that we pray you do not approve th~ rezomng ot tlus I~d lot apa~ents and ~emd If you ~ve any qu~g~o~, ple~ eonta~ us at the a~ve n~bcr or emml Mdress S~ccrely ...... ~ M~ne ~ ~chard Ba~z ~ ' ~ 2O AGENDA INFORMATION SHEET AGENDA DATE. May 15, 2001 DEPARTMENT' City Manager's Office CM Mike Conduff, City Manager SUBJECT Consider nominations and appointments to the C~ty's Boards and Commxss~ons BACKGROUND The following is a hst of current Board/Commission vacanc~es/nom~nanons Charles lhdens has resigned from the Traffic Safety Commission Th~s ~s a nom~natmn for Mayor Pro Tern Beasley Bulhtt Lowry has resigned from the Pubhc Utflmes Board Th~s ~s a nomination for Council Member Phillips If you reqmre any further information, please let me know Respectfully submitted ~ty~fer l~alters Secretary , Agenda Item ,ate 0 / AGENDA INFORMATION SHEET AGENDA DATE. May 15, 2001 DEPARTMENT. Legal CM/ACM/CA' Herbert L Prouty, City Attorney SUBJECT Presentation by legal counsel and discussion of initial assessment regarding need to redistrict based on 2000 Census data and discussion of and possible action to adopt criteria to govern redistricting process, development of redistricting plans, and redistricting meeting schedule BACKGROUND The Blckerstaff, Heath, SmIley, Pollan, Kever & McDamel, L L P law firm has held a prior redistricting workshop with the Denton City Council outlining the redistricting process This workshop for the initial assessment and related matters will discuss the basis redistricting process that the law firm proposes with an associated schedule identifying the city's deadhnes Criteria that the Council should consider adopting to govern the development of the redistricting plan will also be discussed A proposed resolution is attached for your review The lmtlal assessment will examine the current district boundary plan with the new Census data applied to it The Finn will determine the degree to which existing districts depart from population equality In general, if the difference in total population between the most populous and the least populous district is greater than ten percent, the city must redistrict Attached is the Prehmlnary Demographic Report that describes the 2000 Census data apphcable to the city's council districts If redistricting IS required, the Council should adopt a set of criteria to guide the development of new plans Th~s will increase the hkehhood of obtaining preclearance from the Department of Justice ("DOJ") and decrease the likelihood of litigation Typical criteria that the city may wish to consider will be discussed The Council may adopt a set of criteria at this meeting or schedule a subsequent meeting to develop the new districting plan Discussion will also occur of community involvement and pubhc comment concerning the plans A proposed schedule will need to be adopted to ensure that the legal deadlines will be met A proposed resolution is attached for your review OPTIONS The City Council may develop criteria for redistricting or direct staff to schedule another meeting ff additional information on redlsmctlng needs to be provided FISCAL IMPACT The City has entered lrlto a contract for redistricting services The contract sets forth basic serwces ~n the mount of $25,000 00 Additional meetings of the Couned or for pubhc heanngs may increase the contract price Respectfully submitted / City Attorney ( ,. ~ Prepared by Dorothy Pa~urnbo Semor Assistant C~ty Attomey/Leg~slattve Coordinator Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. KAREN H BROPHY (214) 7~3-022~ (214) 753-0200 Fax E-Mad kbrophy~bickerstaff corn April 13, 2001 Dorothy Palumbo Assistant C~ty Attorney C~ty of Denton 215 E McKlnney Denton, Texas 76201 CITY OF DENTOn, LEGAL DEPT Re Prehmmar7 Demograpbm Report Dea~ Doroth7 Th~s ~s a prehmma~7 demographic report that describes the ~000 Census data apphcabie to ~e Crt7 of Demon's city co.cfi d]smcts Now ~at ~c census data fo~ Texas has bce~ released 57 ~e Census B~e~u, we ~ow 7ou ~d the City Cou~cd would bee to have ~[s ]~o~at[on Thts ~cpo~ ~s not thc mitre] ~sessme~t to 7ou at ~c meetm~ o~ ~a7 ~ 5, ~00t scheduled ~or ~at p~osc ~e ~mtcd S~tes Co~st[~tto~ ~mposes e "o~c person-one vote" stend~d that requt~es smile memScr d]smcts to have rclaUvet7 equal max~m~ to~ r~c m size m~7 ~ot exceed 10% from most populous to feast popu]ous dtsmct A~er e~ch dece~ta] census, ~ove~c~[ bodms must reex~me thc]r populat~o~ b~ce ~d ff the pop~at~o~ ~s u~cqua], draw new d]s~]cm ~at ~e m bal~ce Accordm~ to ~e 2000 Cc~sus, the to~ populat~o~ of ~, ~000 w~s 80,809 persons Thc ~dc~ district should now comm~ ~0,~0~ persons Popu]~t[o~ ~4 dts~cts) ~o~ ~ ~5 ~2 perc~t ~e popu]at~o~ ~d demographics o~ thc districts ~e p~ese~ted o~ ~e a~ached table DisC]ct 4 has ~e ]~est population, which perce~t above ~e stze of the ideal dm~tct, ~d d]s~ct 3 h~ ~e smallest population, which ts epp~ommatel7 ]6 0~ pe~ce~t below thc size o~ ~e ]de~[ dmtnct Thts total m~m~ devmt]on (]9 50%-(-]6 02%)=35 53%) exceeds ~e st~d~d of 10% that hmtonc~]7 h~ been reco~mzed b7 ~e coups as ~e dewar]on At the meeting now scheduled on May 15, 2001, we will present and discuss an detml the full lmtnal assessment for the City of Denton Because Texas is a "covered jurlsdactlorl" under the Voting Rights Act, you must submit any new d~str~cting plan to the Department of Justice for preclearance under Section 5 of the Act before ~t can be ~mplemanted We will ~dentify m the mttial assessment the benchmark standards the Department of Justtee wall use ~n ~ts preclearance evaluation of the redlstnctrng plan the City ultimately adopts As you will recall, earlier th~s year we provided you with a suggested timehne of the redistricting process and a hst of some of the tradlUonal red~smcting criteria you might consider adopting to govern your redistricting process and plan development We wall discuss th~s timehne and the appropriate criteria to adopt at the lnltml assessment meeting As always, at as a pleasure to work wath you Please call me ff you have any questions Sincerely, Karen H Brophy Attachment City of Denton - Prehmmary Demographic Report - 2000 Census Total and Voting Age Population Non-HIspanic Non-Hispanic Non-Hispanic Non-Hispanic Hispanic % Anglo % Black % Asian % Other % District Persons Deviation of Total of Total of Total of Total of Total Population Population Population Population Population 1 21,148 4 68% 20 70% 56 08% 15 74% 5 44% 2 05% 2 18,553 -8 16% 11 36% 79 00% 6 26% 1 15% 2 24% 3 16,966 -16 02% 14 26% 72 85% 7 13% 3 13% 2 63% 4 24,142 19 50% 17 86% 70 14% 6 51% 3 45% 2 04% Totals 80,809 16 35% 69 06% 9 00% 3 38% 2 21% Ideal Size = 80180914 = 20,202 per district Total Maximum Deviation = [19 60%- (-16 02%)] = 35 82% Non-Hispanic Non-Hispanic Non-Hispanic Non Hispanic Hispanic % Anglo % Black % Asian % Other % District Total VAP* of Total YAP of Total VAP of Total YAP of Total VAP of Total VAP I 17,323 17 12% 60 51% 14 59% 5 80% 1 97% 2 13,706 9 57% 81 77% 5 58% 1 15% 1 93% 3 13,847 12 31% 74 82% 7 18%' 3 48% 2 21% 4 19,211 1583% 72 17% 645% 365% 1 89% Totals 64,087 14.08% 71 64% 8 62% 3 66% I 99% *Vobng Age Population 4/13/01 RESOLUTION NO. RESOLUTION ADOPTING CRITERIA FOR USE IN REDISTRICTING 2001 PROCESS WHEREAS, thts Ctty Council has certaxn responstbdmes for redtstnctmg under federal and state law tncludmg, but not hmtted to, Amendments 14 and 15 to the Umted States Constitution, U S C A (West 1987), and thc Voting R~ghts Act, 42 U S C A § 1973, et seq (West 1987 and Supp 1999), and Tex Gov't Code Ann §§ 2058 001 and 2058 002 (Vernon Pamph 2000), and WHEREAS, the City Counml has certatn respons~blhtles for rcdmtrmtmg under the Cxty Charter, and WHEREAS, on remew of the 2000 census data .t appears that a population imbalance exists rcqmnng redtstncttng of the Ctty Councdmember Dlsmcts, and WHEREAS, tt ts the mtent of the C~ty to comply w~th the Voting R~ghts Act and w:th all other relevant law, meludtng Shaw v Reno jurisprudence, and WltEREAS, a set of estabhshed redistricting criteria will serve as a framework to grade the Ctty m the constderatton of d~stncttng plans, and WHEREAS, estabhshed criteria will provide the City a means by whmh to evaluate and measure proposed plans, and WHEREAS, red~stncttng criteria w~ll assist the City in ~ts efforts to comply with all apphcable federal and state laws, NOW THEREFORE BE IT RESOLVED by the City Council of the C~ty of , that the City, in tts adoption of a redistricting plan for City Counctlmember Dtstncts, w~ll adhere to the followtng criteria 1 Where possible, easily tdentffiable geographic boundanes should be followed 2 Commun~ttes of interest should be mamtmned in a s~ngle d~stnct, where possible, and attempts should be made to avoid sphtttng neighborhoods 3 To the extent possible, districts should be composed of whole voting precincts Where thts is not posstble or practicable, d~stncts should be drawn tn a way that permtts the creatton of practical voting precincts and that ensures that adequate facflttles for polhng places ex~st in each voting precinct 4 Although ~t is recognized that extstlng d~stncts wall have to be altered to reflect new populatton d~stnbut~on, any districting plan should, to the extent posstble, be based on existing thstncts 5 Dmtnets must be configured so that they are relatavely equal In total populataon according to the 2000 federal census In no event should the total devaation between the largest and the smallest dastnct exceed ten percent The City wall attempt to achaeve a devaatlon that is less than ten percent under the data released by the Census Bureau 6 The districts should be compact and composed of contaguous temtory Compactness may contain a functional, as well as a geographical damenslon 7 Consideration may be given to the preservataon of ancumbent-eonstatueney relataons by recognmon of the residence of recumbents and their history an representing certain areas 8 The plan should be narrowly tailored to avoid retrogression in the potation of racial manontles and language minorities as defined an the Voting R~ghts Act with respect to their effective exercise of the electoral francbase 9 The plan should not fragment a geographically compact minority community or pack minority voters m the presence of polarized voting so as to create hablhty under section 2 of the Votang Raghts Act, 42 U S C § 1973 PASSED AND APPROVED flus day of _, 2001, by a to __ vote of thy City Council of the City of , Texas CITY OF BY ., Mayor ATTEST: City Secretary 2 RESOLUTION NO. RESOLUTION ESTABLISHING GUIDELINES FOR PERSONS SUBMITTING SPECIFIC REDISTRICTING PROPOSALS WHEREAS, the City Council for the City of has certain responsibilities for redistricting under federal and state law including, but not hmited to, Amendments 14 and 15 to the United States Constitution, U S C A (West 1987), and the Voting Rights Act, 42 U S C A § 1973, etseq (West 1987 and Supp 1999), and Tex Gov't Code Ann §§ 2058 001 and 2058 002 (Vernon Pamph 2000), and WHEREAS, the City Council has certain respons~bfutles for redistricting under the C~ty Charter, and WHEREAS, it ~s necessary to provide for the orderly consideration and evaluation of redistricting plans which may come before the City Council, and WHEREAS, these gtudehnes relate to persons who have specific redistricting plans they wish the City Council to consider, and WHEREAS, the C~ty Council welcomes any comments relevant to the redistricting process, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of , that m order to make sure that any plan that might be submitted is of maximum assistance to the City Council m ~ts dee~slon making process, the City Council hereby sets the following guadehnes 1 Plans should be submitted in writing If a plan is submitted orally, there is slgmficant opporttm~ty for m~sunderstandlng, and it as possible that errors may be made in analyzing ~t The City Council wants to be sure that all proposals be fully and accurately considered 2 Any plan should show the total population and votang age population for Blacks, Hlspanlcs, Asians and Anglo/other for each proposed C~ty Council district If a plan is submitted without a population breakdown, the City Council may not have sufficaent reformation to g~ve it full consideration 3 Plans should be submitted by __ , 2001 In order to meet the deadlines ~mposed by state and federal law, the City Council will need to adopt a plan by ,2001 4 Plans should redistrict the entire C~ty The C~ty Cotmcfl, of course, will be eons~denng the effect of any plan on the entire C~ty Also the C~ty Cotmcfl ~s subject to the Voting R~ghts Act, whmh protects various racial and language minorities Thus, as a matter of federal law, ~t will be reqmred to consider the effect of any proposal on multaple racial and ethmc groups If a plan does not red~smct the entire C~ty, at may be impossible for the C~ty Council to assess ~ts ~mpact on one or more protected minority groups 5 Plans should conform to the criteria the C~ty Cotmcfl will be using in drawing the Caty Cotmcfl member districts PASSED AND APPROVED th~s day of ,2001, by a __ to __ vote of the C~ty Council of the City of , Texas CITY OF BY , Mayor ATTEST' C~ty Secretary AGENDA INFORMATION SHEET AGENDA DATE May 15, 2001 DEPARTMENT Sohd Waste Department ACM. Howard Martin, 349-8232 ~ SUBJECT: Receave a report hold a discussion and g~ve staff direction regarding responses to the C~ty's curbslde recycling and multi-family mcychng collection bid sohcltatlon BACKGROUND: At its January 23, 2001 work session, the City Counml darected Staff to expethte the issuance of a curbslde collection bid sohmtatmn to provide Denton's resldentml customers with curbslde mcychng collection service and multt-famlly recyclmg collections Bid specifications (Exinints I, II) were subsequently rewewed by the Public Utilities Board, the Council, and the Commumty Recycling Committee As instructed, Staff issued the bid on March 13 and held a pre-ind conference on March 27 with b~ds due back to the City by April 5 A total of rune b~ds packages were totaled to recycling compames, m response, bads were received from the followmg four compames (Exinb~t III) 1 Abllabi Consolldated- Arlington 2 Waste Management of North Texas - Lewlsvdle 3 Trimty Waste Services - Piano 4 Cornmumty Waste Disposal - Dallas All of the foregoing bidders are well known recycling companies and among them provide the bulk of recychng services to eommumtles in the north Texas area Although all of these compames subnutted b~ds for curbslde recycling, only Tnmty Waste and Community Waste Disposal subn'ntted mult~-fanuly bids The bids were rewewed by Commumty Recycling Committee on Apnl 13 and the Public Uttht~es Board at its meeting on Apnl 16 Neither body made any b~d recommendations If residential curbs~de recyclmg Is implemented as b~d, the City will assess each of its resldentaal sohd waste customers a monthly fee equal to the monthly per household amount of the bid item selected Tins fee will be applied to all residential customers regardless of their partm~patlon in curbs~de recycling The City ,mil, m turn, pass tins revenue through to the curbslde recycling contractor In adchtton, the City will assess each residential customer an admimstrat~ve fee of up to $0 50 per household to be retaaned by the City to pay for costs assocmted with admlmstratlon of the curbslde service contract to $0 50 per household to be retaaned by the C~ty to pay for costs assocmted w~th admlmstrataon of the curbstde sermce contract In order to prowde the Counml w~th pubhc input on the subject of curbsade recychng, Staff recently comm~ssaoned the Survey Research Center at the Umvers~ty of North Texas to conduct a telephone survey of the Denton eommumty to determine levels of support for curbsade recycling and ~ts assocmted costs Both smgle-farmly residents and multi-family remdants w~ll be surveyed Prelanmary survey results should be avatlable by May 22 at wluch t~me Staff will return to Council for further chscusmon of the curbsade recycling issue OPTIONS: 1 Accep~ the bads as subrmtted and select one for ~mplementat~on 2 ReJect all of the b~ds and recommend that b~ds be reassued 3 Reject ,all the bads and consider performamg curbsade recychng collections w~th Caty forces Thas option would reqmre the eonstruetton of an Intermerhate Processing Center and postpone rmplemantataon until the Processing Center ~s constructed 4 ReJect all of the b~ds and continue recychng servaces at current or enhanced levels using mumclpal ~?ources RECOMMENDATION: Although Staff as not recommending any curbs~de recycling b~d to the Councal, at does recommend that the Multa-Famlly b~ds be rejected so that thc ~ssues assocaated w~th mult~-farmly recycling can be further explored and brought to the Counml at a later date ESTIMATED SCI'W~DULE OF PROJECT: April 5, 2001 - b~ds opened April / May 2001 - receave Board and Council approval of selected b~dder May 2001 - commence contract negotmtmns wath selected badder, develop apphcable ordinance June 2001 - execute curbslde contract wath vendor, commence pubhc education September 2001 - d~s~bute curbs~de contmners October 2001 - began curbsade collections PRIOR ACTION/REVIEW (Council, Boards, Commission): The subject of curbsade recychng collections was rewewed by the C~ty Council at ~ts work session on January 23, 2001 and bad spemficattons were remewed by both the Board and Counml m March, 2001 The Publm Uttht~es Board and the Commumty Recycling Comnuttee reviewed the b~ds at their April 16 and April 13 meetings respectmely FISCAL INFORMATION: The b~ds st~bmltted for curbs~de recycling were prerhcated on the assessment of the monthly fee curbs~de recychng being assessed to all remdentml customer regardless of their pammpatlon m the curbs~de program The revenues received from tbas assessment will be "passed through" monthly to the curbslde vendor selected In addmon, the C~ty will assess an administrative fee of up to $0 50 per household per month to defray costs assocmted w~th the C~ty's adm~mstrat~on of the curbmde contract BID INFORMATION: Bid # 2666 was msued on March 13, 2001 w~th responses due to the City by April 5 A pre-b~d conference was held for b~dders on March 27 In response, four b~ds were received from those compames ~dentffied above MAP: Not Applmable Respectfully submitted Howard Martin Assistant City Manager for Utilities Prepared by Assistant Dtrector of Solid Waste EXHIBITS: Exlub~t I - Curbslde Bad Specfficat~ons Exinb~t II - Multi-Family Bid Specfficatmns Exinb~t III - Bad Summary Sheet Exhth~t IV - Multi-Family Recyehng Issues CURBSIDE RECYCLING BID SPECIFICATIONS MATERIALS TO BE COLLECTED: · Mixed Paper · Aluminum food and beverage containers · Steel food and beverage contamers · Clear, Brown, and Blue/Green food and beverage containers · Plastic containers O's 1,2,3,4,5 and 7 COLLECTION CONTAINERS: · Selected by bidder i,\ · No bags HOURS AND DAYS OF COLLECTION: · 7:00 AM - 6:00 PM · Monday through Friday CUSTOMER EDUCATION AND CUSTOMER RELATIONS INFORMATION: Provide each customer with a professionally prepared instructional brochure containing: · Items collected · Container guidehnes · Collection procedures · Collection day · All service delivery problems · Contractor contact phone number 4 EXHIBIT I MULTI-FAMI!~Y RECYCLING BID SPECIFICATIONS · METHOD AND FREQUENCY OF COLLECTION · SEPARATE OR COMMINGLED CONTAINERS · TYPES OF MATERIALS COLLECTED INCLUDING NEWS AND OFFICE PAPER, CARDBOARD, ALUMINUM CANDS AND STEEL CANS, CLEAR, BROWN, AND BLUE/GREEN GLASS CONTAINERS, AND PLASTICS #'S 1,2,3,4,5 AND 7. · PRICING UNIT (e.g, each complex, each apartment · PRICE PER UNIT · BILLING METHODOLOGY (e.g., through the City, by the b~dder) 5 EXHIBIT II 6 EXHIBIT III MULTI-FAMILY RECYCLING ISSUES MUNICIPAL ROLE: · BID OR JUST PROMOTE RECYCLING · VENDOR BILLING TI~ROUGH CITY'S UTILITY BILl,lNG SYSTEM · MU~I, ,Cll~AL RATE & OTHE~R INCENTIVES MULTI-FAMILY RECYCLING ORDINANCE · MINIMUM NUMBER OF UNITS · ?,I,LOW COMPLEXES TO CONTRACT FOR RECYCLING · ROOM FOR CONTAINERS · NUMBER OF CONTAINERS · REVETMENTS · DEVELOPMENT CODE REQUIREMENT FOR FUTURE COMPLEXES 7 EXHIBIT IV i ..il II I II I ] Ordinance CITY OF DENTON R~DISTRICTING 2001 INITIAL ASSESSMENT Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. 1700 Frost Ba~k Pl~a 816 Congress Avonuo Ao~tln, Texas 78701 2443 (512)472 8021 Fa~ (512)000-5838 www blckersoM corn May 1 l, 2001 The Honorable Mayor and C~ty Council City of Denton 215 East McK~nney Denton, TX 76201 RE Inttial Assessment cons~denng 2000 Census data Dear Mayor and C~ty Council Th~s is the Initial Assessment letter for the Ctty of Denton In it, we present the recently released 2000 Census population and demographic data for the city and, in partmular, the city councflmember d~smcts As we d~seuss below, the councflmember d~stncts are sufficiently out of population balance according to the 2000 Census data that you should redistrict There are four basic legal principles that govern the redistricting process (i) the "one person-one vote" (equal population) pnnmple, (n) Secnon 5 of the Voting Rights Act, requiring preclearance and applying a "retrogression" standard to minority group populations in specific districts, (m) the non-discrimination standard of Section 2 of the Voting R~ghts Act, and (iv) the Shaw v Reno limitations on the use of race as a factor in redistricting They are discussed in Attachment C to this letter, whmh we urge you to read and review carefully The "One Person - One Vote" Reqmrement: Why You Should Redistrict The "one person-one vote" requirement of the United States ConstttuUon requires that members of an elected body be drawn from districts of substantially equal population, and applies to city councils Exact equality of population is not required, but a "total maximum deviation" of no more than ten percent m total population between the most heavily populated and the least populated councflmember district should be achieved based on the most recent census The population and demographics of all of the councflmember districts are presented in the Initial Assessment Population Tables (Attachment A) These tables show that the total population of the C~ty of Denton on April 1, 2000, was 80,809 persons I This represents an increase in populauon from 66,270 persons on April 1, The population total shown here ~s shghtly larger than the one reported by the Census Bureau The difference ~s not materml and ~s attributable to minor vanatmns between the boundaries reported by the C~ty and those used by the Census Bureau Generally those variations are atmbutable to a shghtly lower level of spatml accuracy m the Census boundaries Also any post- May 11,2001 Page 2 1990, or approximately 21 9 percent The ideal sized counc~lmember district should now contain 20,202 persons (total population - 4 districts) District 4 has the largest total population, which is approximately 19 50 percent above the size of the ideal district District 3 has the smallest population, which is approximately 16 02 percent below the size of the ideal district The total maximum deviation between the four existing ¢ounellmember districts for City of Denton is 35 52 percent This total maximum deviation exceeds the standard of 10 percent that historically has been recognized by the courts as the maximum permissible deviation Accordingly, the City of Denton should redistrict to bring its districts within the 10 percent range permitted by law Preclearanee under Section 5 of the Votlnfl Rights Act. The City's retrogression benchma~'k olan In detenmmng ff a plan is retrogressive under Section 5 of the Voting R~ghts Act (see Attachment C for a discussion of retrogression and Section 5 requirements), the Department of Justice ("DOJ") will compare the newly adopted plan to the current plan considered in the context of the 2000 Census data Th~s is the retrogression "benchmark" and ~s shown m Attachment A, the Initial Assessment Population Tables DOJ will rewew any changes made to the ex~stmg plan by comparing mmorlty voting strength under the proposed new plan as a whole to that under the benchmark plan considered as a whole The data in the Imt~al Assessment Population Tables, as well as the data in the maps in Attachment B which show the geograptuc distribution of the primary minority groups, will also be important in assessing the potential for Voting Rights Act Section 2 habihty (See Attachment C for a discuss~on of Section 2 ) Once redistricting criteria are adopted, and the city council gives instructions about how it would like plans to be developed consldenng this Imtlal Assessment and the apphcable legal standards, we can begin to develop plans for your conslderatzon We hope this Imtml Assessment dzscusslon has been helpful to you and that ~t will guide the City of Denton as it executes the redistricting process If at any tzme you have questions concerning any aspect of that process, please feel free to call me cc Dorothy Palumbo, Assistant City Attorney censal annexations would cause a d~fferenco In the Inmal Assessment we typically rely on the C~ty generated boundaries because they, unhke the Census Bureau infollllatloI1, show the council district hnes As the process moves forward we may make adjustments to be sure that we are using the most accurate data City of Denton - Preliminary Demographic Report - 2000 Census Total and Voting Age Population Non Hispanic Non Hispanic Non-Hispanic Non Hispanic Hispanic % Anglo % Black % Asian % Other % District Pemon$ Deviation of Total of Total of Total of Total of Total Population Population Population Population Population 1 211148 4 68% 20 70% 56 08% 15 74% 5 44% 2 05% 2 18~553 -8 16% 11 36% 7900% 626% 1 15% 224% 3 16~966 -16 02% 14 26% 72 85% 7 13% 3 13% 2 63% 4 24,142 19 50% 17 86% 70 14%o 6 51% 3 45% 2 04% Totals 80,809 16 35% 69.06% 9 00% 3 38% 2 21% Ideal Size = 80,80914 = 20,202 per district Total Maximum Deviation = [19 00%- (-16 02%)] = 35 52% Non Hispanic Non Hispanic Non Hispanic Non Hispanic Hispanic % Anglo % Black % Asian % Other % District Total VAP* of Total YAP of Total VAP of Total YAP of Total YAP of Total VAP 1 17,323! 17 12% 60 51% 14 59% 5 80% 1 97% 2 13,706 9 57% 81 77% 5 58% 1 15% 1 93% 3 131847 12 31% 74 82°,~ 7 18% 3 48% 2 21% 4 19,211 15 83% 72 17% 6 45% 3 65% 1 89% Totals 64,087 14 08% 71 64% 8 62% 3 66% 1 99% *Vobng Age Pop~labon 4/29/01 000~ ~ ~ - LEGAL PRINCIPLES GOVERNING THE REDISTRICTING PROCESS There are tour bas~c legal prmctples that govern the redtstrtcttng process 0) the "one person-one vote" (equal population) pnnetple, (t~) Sectton 5 of the Votmg Rtghts Act, reqmrmg preclearance and applying a "retrogression" standard to m~nonty group populations tn specific d~str~¢ts, (m) the non-discrimination standard of Section 2 of the Votmg Raghts Act, and 0v) the Shaw v Reno hm~tattons on the use of race as a factor tn rcdtstr~ct~ng The termmology of redistricting ts very spectahzed and tncludes terms that may not be famthar, so we have included as Attachment D to th~s Imtml Assessment letter a br~e£ glossary of many of the commonly-used red~smct~ng terms The "One Person - One Vote" Reqmrement. Why You RedIstrict Thc "one-person-one vote" reqmrement of the Umted States Constitution requires that members of an elected body be drawn from d~stncts of substantially equal population Th~s requirement apphes to the single-member d~smcts of "legislative" bodies such as commtsstoners courts and other ent~t~es w~th stngle-member dtstncts such as school boards or c~ty councils Exact equahty of populatwn ~s not reqmred for local poht~cal subd~vtstons However, they should stove to create d~stncts that have a total populatton dewat~on of no more than 10 percent between their most populated dtstrtct and the least populated dtstrtct Thts 10 percent dcvtat~on ~s usually referred to as the "total maxtmum dewatton ' It ts measured agatnst thc "~deal" or target population for the governmental entity based on the most recent census A govermng body ~s therefore reqmred to determine whether the populations of its s~nglc.member dtstncts 0ncludmg ctty counctls) arc wtth~n th~s 10 percent balance based on 2000 Census population data If thc population dewat~on among thc d~smcts exceeds the permissible 10 percent total maximum dev~atton, the enttty must redtstrtct, that ~s, redraw the boundarxas of the ~nd~wdual d~stncts so that the total populattons of all the new d~str~cts are w~thm the permtssthle 10 percent hm~t A hypothettcal example of how dcvtat~on ts calculated ~s g~vcn ~n Attachment D The Department of Justtce (DO J) ts thc federal agency charged wtth rewcwtng and approwng changes ~n electwn law, such as redtsmcttng, under Scctton$ of thc Votmg Rtghts Act DOJ wall use the Census Bureau's recently released populatton data for thc 2000 Census ~n its analysts of redistricting plans - the so-called "PL 94-171" data Althou§h several types of population data are prowded tn the PL 94-171 files, redistricting typically ts based upon total populauon Officml census data should be used unless thc governmental enttty can show that better data exists The court cases that have dealt wtth thc qucstton have made tt clear that the showing required to justify use of data other than census data ~s a very h~gh one, ~mpoSs~bly h~gh at a t~me so close to the release of new census data As a practtcal matter, therefore, we recommend that entities use the 2000 Census data ~n their redistricting processes We have based the Imtial Assessment on PL 94-171 total population data, the relevant data are summarized in Attachment A In the redistricting process, each governmental entity w~ll use a broad spectrum of demographic and adm~mstratlve mformat~on to accomphsh the rebalanmng of population reqmred by the one person-one vote pnnciple The charts provided with th~s report not only show the total population of the entity but also g~ve breakdowns of population by various racml and ethmc categories for the entity as a whole and also for each single-member district Census geograohv These single-member populatton data are themselves derived from population data based on smaller geograplucal umts The Census Bureau diwdes geography into much smaller unas called "census blocks" In urban areas, these correspond roughly to city blocks In more rural areas, census blocks may be qmte large Census blocks are also aggregated into larger sets called "voting tabulatton thstncts" or "VTDs" which often correspond to county election precincts For reasons concerning reducing the potential for Shaw v Reno-type habthty, discussed below, we recommend using VTDs as the redistricting building blocks where and to the extent feasible In largely rural counties this may not be feasible Census racial and ethmc eategomes For the 2000 Census, the Census Bureau recognized 126 racial and ethnic categories and collected and reported data based on all of them Many of these categories include very few persons, however, and will not therefore have a s~gmficant ~mpact on the redistricting process The charts that accompany this report include only eight racial and ethnic categories that were consolidated from the larger set All of the population of the entity is represented in these charts These e~ght categories are the ones most hkely to be important ~n the redls~ctmg process The 2000 Census hsted slx ramal categories Individuals were able to choose a single race or any combmat;on of races that might apply Thus, there arc potentially 63 d~ffcrent racial combmatmns that might occur Addltmnally, thc Census asks persons to designate whether they are or are not Hispanic When the I-hspanm status response is overlaid on the different possible racial responses, there arc 126 possible different combinations Thc Census tabulates each one separately If this information ~s to be usable, ~t must be combined into a smaller number of categories (of course, hawng the same overall population total) For purposes of determ~mng the preclearance retrogressmn benchmark, d~scussed below, DOJ ~ndmatcd in a guidance document issued on January 18, 2001 that ~t would use the following rules for determining Hispanic and race population numbers from the 2000 Census data, for purposes of performing the retrogression analys~s -- persons who selected "Htspanm" are categorized as Haspamc, no matter what race , or races they have desagnated, all others wall be classffied as non-Haspamc of one or more races, e g, H~spamc-Wh~te and H~spamc-Afracan-Ameracan are both classffied aS Hispanic, -- persons who dtd not select "Htspan~c" and who destgnated a stngle race wall be classffied as members of that race, e g, White, African-American, Asian, etc -- persons who d~d not select "Htspamc" and who desxgnated themselves as , belongmg to a single minority race and as White wall be classffied as members of the minority race, e g, Astan+Whtte wall be classffied as As~an, and -- persons who dxd not select "Haspan~c" and who destgnated themselves as belonging to more than one minority race wall be classffied as "other multtple race," e g, Whlte+Astan+Hawanan or African-American+Asian Thts category ts expected to be small We wall also consider data called "voting age population" (or "VAP") data It ts stmflarly classified in e~ght racial and ethmc categories Thts anfonnataon as prowded for the llmate~l purpose of addresstng some of the spemfic legal tnqumes under the Vottng Rtghts Act that are d~scussed below Votmg age population as the Census Bureau's count of persons who tdentffied themselves as bemg e~ghteen years of age or older at the ttme the census was taken (t e, as of April 1, 2000) In addttton to this population and demographm data, the entaty wall have access to ad&t~nal anformatton that may bear on the re&stnetmg process, such as county road males, factht~' locattons, registered voter mformat~on, mcumbent res~dance addresses, etc Sectlon $ Of The Voting R~ghts Act - Preclearance Preclearance renmred Sectton 5 of the Vottng Raghts Act, 42 U S C § 1973c, reqmres all "covered jur~sdicttons" tdenttfied m the apphcable Department of Justme (DOJ) regulataons to "prec~ear" any changes to votmg standards, practices, or procedures before they may become legally effectave Texas ts a "covered junsdactaon," so all local governments an the state, as well as the State atself, are reqmred to preclear any votmg change, ancludtng thetr redastrmttng plan Th~s ~ncludes changes to any stngle-member dastnct lanes 0ncludang city council hnes) Section 5 apphes not only to changes an stngle~member d~stnct hnes but also to ch0nges tn electron precmcts and tn the location of polhng places Counttes should note that ~ect~on 5 apphes not only to commtss~oners' precmcts, but also to JP and Constable premr~cts, even though these latter are not subject to the one person-one vote reqmrement (s~nc~ these are not "representative," t e, "legtslat~ve" offimals) Preclearance may be accomphshed m e~ther of two ways by submltt~ng the redastrlctmg plan to DOJ for tts examination and preclearance, or by obtamtng a declaratory judgment fi.om a spectal three-judge federal dastnct court ~n the Dtstnct of Columbta Submtlston to DOJ is by far the most common, and usually substanttally faster and less expenStve, method chosen for obtmmng preclearance "Retrogression" as the preclearance standard The legal standard apphed to a preclearance revtew under Sectton 5 ts whether the new plan has the purpose or the effect of denying or abndgmg the right to vote on account of race or color Thts Sectton 5 standard has been called the "retrogresston" standard In effect, tt constders whether a mmonty group has been made worse off by a proposed change tn vottng,standards, practtces or procedures, such as a redtstnctlng plan The Supreme Court has made clear m Miller v Johnson (one of the Shaw v Reno hne of cases) that DOJ ts not to apply other standards tn addttton to thts retrogresston standard tn determlmng whether to preclear new thstnctmg plans, as DOJ dad m the 1991 round of redrstflctmg The mqmry to be conducted by DOJ ts thus only whether the new plan has the purpose or effect of causmg retrograsslon wtth respect to a mtnonty group DOJ'~ retrogreas~on benchmark To determtne tf retrogresston crests, tt ts necessary to compare a proposed plan agatnst a benchmark Typtcally, that benchmark ts the local subdtvtston's prtor dastnct boundary plan, but constdered ustng the new 2000 Census populatton and demographic data DOJ roll compare the proposed new redastnctmg plan as a whole to the benchmark plan as a whole,m conducting its retrogresston analysts Votmg age populatton data ("VAP") ts the Census Bureau's count of persons who tdentffied themselves as being etghteen years of age or older at the ttme the census was taken 0 e, as of April 1, 2000) Since the retrogression tnqmry focuses on whether a mtnonty group,s overall vottng strength has been reduced, and VAP ts a more darect measure of votmg strength than total populatton, VAP should be constdered tn the retrograsston analysts, not JUSt total populatton (Ctttzen votmg age populatxon ("CVAP") data ts not avmlable at thts ttme) In combmatton wtth a balanced cons~deratton of the other apphcable redastncttng crttena, the ent~ty's governing body will need to constder the effects of any changes to the benchmark measures that tts proposed plan produces In adjusting the boundartes of dtstncts, the burden wtll be on the governmental enttty to show DOJ that a less retrogressive plan could not reasonably have been drawn 66 Fed Reg 5413 That should be a goal of the redastnctmg process, whale stall cons~denng the other redtsmctmg criteria that are adopted Section 2 Of The Voting Rights Act - No Discrimination Against Mmorl ,ty Groups Section 2 of the Voting Rights Act forbids a voting standard, practme or procedure from having the effect of reducing the opportunity of members of a covered minority to partmtpat¢ tn the pollt~cal process and to elect representatives of their choice In practical terms, this non-discrimination provision prohthlts districting practices that, among other things, result tn "packing" m~nortties into a single district m an effort to limit their voting strength Also, "fracturing" or "cracking" minority populations into small groups tn a number of d~stncts, so that their overall voting strength ts d~mlmshed, can be discrunmat~on under Section 2 There ts no magic number that designates the threshold of packing or cracking Each plan must be judged on a case-by-case basis Although the Supreme Court has recently made clear that the Department of Justme may not consider Section 2 standards tn determining whether to preclear a redistricting plan under Section 5, that does not mean that the governmental body should ~gnore Sectmn 2 requirements They apply to the redlstnct:ng plan regardless of whether DOJ may legally cons:der them In the preclearance analysts Failure to consider them adequately could risk ht~gatlon brought by a member of a protected m~nomy group, or even by DOJ There ts some ,possibility that the inability of DOJ to include Section 2 non-discrimination standards as a preclearance requirement :n this 2001 round of redistricting could result tn DOJ bnngmg more Section 2 cases than it d~d after thc 1991 round of redistricting The Supreme Court has defined the minimum requirements for a minority plaintiff to bring a Section 2 lawsuit There ~s a three~pronged legal test thc minority plaintiff must satisfy a showing that (1) the minority group's voting age population ~s numerically large enough and geographically compact enough so that a d~smct with a numerical majority of thc minority group can be drawn (a "maJority minority district"), (2) the minority group is politically cohesive, that ts, tt usually votes and acts poht~cally tn concert on major issues, and (3) there is "polarized voting" such that thc Anglo maJority usually votes to defeat candidates of the m~nonty group's preference Thornburg v Gmgles, 478 U S 30 (1986) In the federal appellate Fffih Circuit, which includes Texas, the minority population to be considered is citizen voting age population In certain cases, a mmomy group may assert that Section 2 requires that the governmental body draw a new maJority minority district The governing body must be sensitive to these Section 2 standards as tt redistricts In consldenng changes to existing boundaries, a governmental entity must be aware of the location of protected minority populations within ~ts single-member districts for the purpose of ensuring that changes are not made that may be asserted to have resulted tn "packing," or m "fracturing" or "cracking" the minority population for purposes or having effects that are unlawful under Section 2 The thematic maps included m Attachment B depict the locations of Hispanic and African-American population concentrations by census block, they are useful tn addressing this issue Voting age population (VAP) data is useful tn measunng potential electoral strength of minority groups in individual districts Shaw v. Reno Standards - Avoid Using Race as the Predominant Redistricting Factor In 1991, local government red~stncttng had to sattsfy both the Sectton 5 non- retrogresston standard and the Section 2 non-dtscnmtnatton standard, but the Shaw v Reno standard had not yet come Into play In thts current round of redtstnctmg, local governments have a harder task than they did m 1991 The Shaw standard apphcs now as well as the Sectton 2 and Sectton 5 standards While satisfying Sectton$ and Sectton 2 standards reqmre a local government to exphcttly consider race to comply wtth these standards, Shaw places strict hmtts on thc manner and degree ~n whmh race may be a factor In effect, therefore, local governments must walk a legal ttghtrope, where the competing legal standards must all be met In the Shaw v Reno hne of cases that began in 1993, the Supreme Court applied the Equal Prntectton Clause of the Fourteenth Amendment of the U S Constttntlon to redls~ct~ng plans Where racial considerations predomtnate in the redtstrlctlng process to the subordmatton of tradlttonal (non-race-based) factors, the use of race-based factors ts subject to the "strict scmtmy" test To pass th~s test requires that there be a showtng that (1) the race-based factors were used In furtherance of a "compalhng state mtcrast" and (2) thetr application be "narrowly tailored," that is, they must bc used only to the mm~mum extent necessary to accomphsh the compelhng state mtercst A majority of the Umted States Supreme Court has tndlcated that comphance wtth Sectton 2 of the Vottng Pdghts Act ts a "compelhng state ~merest" Whtle the Court has not expressly addressed the question m any case to date, it ts reasonable to assume that it would find that satlsfymg Sectton 5 of the Votmg Rtghts Act would also be a compelhng state interest for strict scrutiny purposes so long as the efforts to comply with Sectton 5 are consistent w~th the Court's narrow, retrogresston-based tnterpretatton of Sectton 5 Thus, the followmg pnnetples emerge in the post-Shaw envtronment to guide the redtstncttng process -- race may be considered, -- but race may not be the predominant factor tn the mdtstnctmg process to the subordmatton of tradtttonal redtstncttng prmctples, -- btzarrely shaped dtstncts are not unconst~tuttonal per se, but the b~zarre shape may be evtdence that race was the predomtnant constderatton tn the redistricting process, -qf race ts the pmdomtnant constderatton, the plan may stall be constttut~onal tf tt ~s "narrowly tailored" to address compelhng governmental tnterest such as comphance w~th the Vottng Rights Act, and --if a plan is narrowly tailored, it will use race no more than ~s necessary to address the compelhng governmental tnterest The better course, ~f posstble under the c~rcumstances, ~s that racial considerations not predominate to the subordmat~on of tra&ttonal re&stncttng criteria, so that the &fficult strict scrutiny test ts avoided Adherence to the Shaw v Reno standards will be an important consideration dunng the re&strlctmg process One way to m~mmlze the potential for Shaw v Reno habfltty is to adopt re&stnctmg criteria that mclude tradittonal re&strmtlng principles and that do not elevate race-based factors to predominance Adoption Of Redistnct~n~ Cntema Adoptton of appropriate rethstnctlng criteria - and adherence to them dunng the rethsmctmg process - ts potentially critical to the ultimate defensibility of an adopted rethsmctmg plan Tra&t~onal redistricting criteria that the governing body tmght w~sh to consider adopttng tnclude, for example -- use of ~denttfiable boundartes -- using whole voting precincts, where possible and feasible, or, where not feastble, being sure that the plan lends ~tself to the creation of reasonable and efficient voting precincts -- mamtmmng commtmitles of interest (e g, tradttlonal neighborhoods) -- basmg the new plan on existing districts, -- adopting districts of approxtmately equal s~ze, -- dravang districts that are compact and contiguous, -- keeping existing representatives ~n thetr dtstracts, and -- narrow tailoring to comply with the Voting Rtghts Act There may be other criteria that are appropriate for an tndtvidual entlty's situation, but all cnterta adopted should be carefully constdered and then be followed to the greatest degree possible A copy of a sample criteria adoption resolution is prowded as Attachment F You may wish to include ad&t~onal criteria, or determine that one or more on that hst are not appropnate We will dtscuss wtth you appropriate criteria for your situation Requirements for Plans Submitted by the Public You should also consider ~mposmg the followang requarements on any plans proposed by the pubhc for your consaderataon (1) Any plan submatted for consideration must be a complete plan, that as, n must be a plan that ancludes configurataons for all commassaoner precincts (or other precincts, as apphcable) and not just a selected one or several Thas as amportant because, although it may be possable to draw a partacular precinct ~n a partacular way ff at as consadered only by atself, that configurataon may have unacceptable consequences on other precincts and make it difficult or ampossable for an overall plan to comply wath the appheable legal standards (2) Any plan submatted for consaderataon must follow the adopted redlstnctang cntena GLOSSARY Census block~, census block groups, census VTDs, census tracts - Geographic areas of various sizes recommended by thc statas and used by the Census Bureau for the collection and presentation of data Citizen voting age population (CVAP) - Persons 18 and above who are citizens This is a better measure of voting strength than VAP, however, the relevant citizenship data will not be available in time for this redistricting cycle Compactness - Having the minimum distance between all parts of a constituency Contiguity - All parts of a district being connected at some point with the rest o£the district Crackang - Thc fragmentation of a minority group among different districts so that it is a majority in none Also known as "fracturing" Fractur/ng- ,gee "cracking" Homogeneous district - A voting district with at least 90 percent population being of one minority group or of Anglo population Ideal populataon - The population that an ideal sized district would have for a given jurisdiction Numerically, the ideal size is calculated by dividing the total population of the political subdivision by the number of seats m the legislative body Majority minority district- Term used by the courts for seats where an ethnic minority constitutes a numerical majority of the population One person, one vote - U S Constitutional standard articulated by the U S Supreme Court requiring that all legislative districts should be approximately equal In size Packing - A term used when one partmular minority group ~s eonsobdated into one or a small number of districts, thus reducing its electoral influence in surrounding districts Partisan gerrymandering - The deliberate drawing of district boundaries to secure an advantage for one political party PL 94-171 - The Public Law that requires the Census Bureau to release population data for re&stnetmg The data must be released by April 1, 2001, is reported at the block level, and contains information on · Total population · Voting age population · By Race · By Hispanic origin Racial gerrymandering - The deliberate drawing of district boundaries to secure an advantage for one race Section 2 of the Voting R~ghts Act - The part of the federal Voting Rights Act that protects racial and language minorities from discrimination in voting practices by a state or other political subdivision Section 5 of the Voting Rights Act - The part of the federal Voting Rights Act that requires certain states and loealmes (called "covered jurisdictions") to preclear all election law changes with the U S Department of Justice ("DOJ") or the federal district court for the District of Columbia before those laws may take effect Shaw v. Reno -- The first in a line of federal court eases in which the U S Supreme Court held that the use of race as a dominant factor in redistricting was subject to a "strict scrutiny" test under the Equal Protection Clause of the Fourteenth Amendment of the U S Constitution This case and the line of Supreme Court cases that follow it establish that race should not be used as a predominant redistricting consideration, but if it is, it must be used only to further a "compelling state interest" reeogmzed by the courts and even then must be used only as minimally necessary to give effect to that compelling state interest ("narrow tailoring") Spanish surnamed registered voters (SSRV) - The Texas Secretary of State publishes voter registration numbers that show the percentage of registered voters who have Spanish surnames It is helpful to measure Hispanic potential voting strength, although it is not exact It is available only at the county voting precinct level Total population - The total number of persons in a geographic area Total population is generally the measure used to determine if districts are balanced for one person, one vote purposes Voting age population (VAP) - The number of persons aged 18 and above DOJ requires this to be shown in section 5 submissions It is used to measure potential voting strength For example, a dlstnet may have 50 percent Hispanic total population but only 45 percent Hispanic voting age population Voter tabulation district (VTD) - A voting precinct drawn using census geography In most instances, especially In urban areas, VTDs and voting precincts will be the same In rural areas, it is more likely they will not be identical H,ypothetlcal Population Deviation Calculation Consider a hypothetmal pohtmal subd~ws~on with four districts and a total populatmn of 40,000 The 'hdeal d~strlct" for th:s poht~cal subdivision would have a population of 10,000 per district (total populatmn / number of districts) Th~s ~s the target populatmn for each district The deviation of each d~stnct ~s measured agmnst thts ~deal s~ze Suppose the latest population data reveals that the largest district, D~stnct A, has 11,000 inhabitants The dewatlon of D:strxct A from the ~deal ~s thus 1000 persons, or 10 percent Suppose also that the smallest d~stnct, D~smct D, has 8000 inhabitants, ~t is underpopulated by 2000 persons compared to the ideal s~ze It thus has a devmt~on of -20 percent compared to the :deal stze The maxtmum total devtatton xs thus 30 percent Since th~s is greater than the 10 percent range typmally allowed by the courts for one person-one vote purposes, th~s hypothetical subdivision must red~stnct ~n order to bnng ItS maximum total deviation to w~thm the legally permissible hm~ts The following table illustrates th~s analys~s D~strlct Ideal d~strlct Dlstnct total pop D~fference Deviation A 10,000 11,000 1000 + 10 0 percent B 10,000 10,750 750 + 7 5 percent C 10,000 10,250 250 + 2 5 percent D 10,000 8,000 - 2000 - 20 0 percent Totals 40,000 40,000 net= 0 net=- 0 percent Total maximum dewatlon = difference between most populous and least populous d~stncts = 10 percent + 20 percent = 30 pement ILLUSTRATIVE REDISTRICTING CRITERIA RESOLUTION (Here is an example of what the body of a resolution or ordinance adopting redistricting criteria might contmn, but not including the footnotes They are only included here by way of explanation to you of some of the criteria ) The governmental body will observe the following criteria, to the greatest extent possible, when drawing district boundaries 1 Where possible, easily identifiable geographic boundaries should be followed 2 Communities of interest should be maintained in a single district, where possible, and attempts should be made to avoid splitting neighborhoods 3 To the extent possible, districts should be composed of whole voting precincts Where ti'ns is not possible or practicable, districts should be drawn in a way that permits the creation of practical voting precincts and that ensures that adequate facilities for polling places exist in each voting precinct 4 Although it is recognized that existing districts will have to be altered to reflect new population distribution, any districting plan should, to the extent possible, be based on existing districts 5 Districts must be configured so that they are relatively equal in total population according to the 2000 federal census In no event should the total dewat~on between the largest and the smallest dmtnct exceed ten percent 6 The districts should be compact and composed of contiguous temtory Compactness may contain a functional, 1 as well as a geographical dimension 7 Consideration may be given to the preservation of incumbent-constituency relations by recognition of the residence of incumbents and their history in representing certmn areas Functional compactness ~s a sometimes controvemal not~on that has appeared m some cases Basmally, the concept is that compactness is not simply a matter of geography but can include cons~derations such as (1) the avadabdtty of transportation and commumcat~on, (2) the existence of common social and economic interests, (3) the abd~ty of the distrtcts to relate to each other, and (4) the existence of shared ~nterests We do not anticipate that we will rely heawly on functional compactness, but there may be instances m which a comes into play For example, we might be able to draw a very geographically compact d~stnct by ~ncludlng land on both sides of a river If, however, the nearest bridge ~s several mdes away, our geographically compact d~stnct may not be functionally compact Saying that compactness has a functmnal d~mens~on g~ves us flexibility to address th~s type of s~tuat~on 8 The plan should be narrowly tmlored to avoid retrogresston2 ~n the postt~on of ramal mtnont~es and language m~nom~es as defined ~n the Vottng R~ghts Act w~th respect to their effective exercise of the electoral franchise 9 The plan should not fragment3 a geographmally compact minority commumty or pack4 mtnonty voters m the presence of polarized voting so as to create habfl~ty under section 2 of the Voting Rtghts Act, 42 U S C § 1973 The governmental body wtll rewew all plans ~n hght of these criteria and w~ll evaluate how well each plan conforms to the cr~terta Any plan submitted to the governmental body by a c~t~zen for ~ts cons~deratmn should be a complete plan--t e, tt should show the full number of trustee d~stncts and should redistrict the entire pohtmal subd~vts~on The governmental body may dechne to consider any plan that ~s not a complete plan All plans submttted by citizens, as well as plans submitted by staff, consultants, and members of the governmental body should conform to these criteria Retrogression is the standard used by the Department of Justice and the courts to determine if a plan can be precleared under section 5 of the Voting Rights Act Basically, a redistricting plan is retrogressive lf'hts net effect would be to reduce minority voters' 'effective exercise of the electoral franchise' when compared to the benchmark plan" 66 FED REG 5412, 5413 (Jan 18, 2001) (Department of Justice, Gmdance Concerning Redistricting and Retrogression Under Section 5 of the Voting Rtghts Act 42 U S C § 1973c, Notice), quoting Beer v ,UnttedStates, 425 U S 130, 141 (1976) The benchmark against whmh retrogression ~s measured ~s the last legally enforceable redistricting plan--typmally the plan that was drawn under the prior decade's census and Is now being replaced Fragmennng or fractunng occurs when a geographically compact area of m~nor~ty voters ~s spht ~nto two or more districts when, ff the area had been put ~n a stngle d~smct, m~nor~ty voters would have had greater voting strength Packing refers to concentrating excessively large numbers of minority voters in a s~ngle district For example, Ifa d~strmt ~s drown to be 90 percent African-American, that group's influence may be bruited to that s~ngle district when, if it had been split, the group might have had an opportumty to elect candidates of their choice m two districts