Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
January 15, 2002 Agenda
CITY OF DENTON CITY COUNCIL ,-172'7' January 15, 2002 After determlmng that a quorum is present, the City Council will convene in a Work Session on Tuesday, January 15, 2002 at 4 30 p m in the Council Work Session Room at City Hall, 215 E McKlnney Street, Denton, Texas at which the following items will be considered 1 Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of January 15, 2002 2 Receive a report, hold a discussion, and give staff direction regarding the draft Development Code Regular Meeting of the Clty of Denton City Council on Tuesday, January 15, 2002 at 6 30 p m m the Council Chambers at City Hall, 215 E McKmney Street, Denton, Texas at which the following items will be considered 1 Pledge of Allegiance A U S Flag B, Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible" PROCLAMATIONS/PRESENTATIONS 2 January Yard of the Month Awards 3 Recognition of staff accomplishments CITIZEN REPORTS 4 Ross Melton regarding Code Enforcement, the Development Code, and related issues CONSENT AGENDA Each of these items ~s recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Agenda authorizes the Ctty Manager or his designee to implement each item in accordance with the Staff recommendations The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration Listed below are bids, purchase orders, contracts, and other items to be approved for payment,under the Consent Agenda (Agenda Items 5-11) Th~s hstlng is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 5-11 below will be approved with one motion If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda 5 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Freese and Nichols, Inc, for the design and development of major water transmission lines (36qnch and 42-1nch) to connect to the 54qnch Lake Ray Roberts Water Transmission Line as set forth in the contract, and City of Denton C~ty Council Agenda January 15, 2002 Page 2 providing an effective date (PSA 2777 - Professional Services Agreement for 36 Inch and 42 Inch Transmission Lines awarded to Freese and Nichols, Inc, for a total estimated amount of $233,249) 6 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of an electromc meter reading system, providing for the expenditure of funds therefore, and prowdmg an effective date (Bid 2770 - Electronic Meter Reading System awarded to Itron, Inc, m the annual amount of $54,202) 7 Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving the F~rst Amendment to that Agreement between the City of Denton and the Denton Affordable Housing Corporation, authorizing the City Manager to execute the First Amendment, and providing for an effective date 8 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for use of CDBG funds to make improvements at County Dental Clinic Facd~ty, authorizing the expenditure of funds therefor, and providing an effective date 9 Anderson Addltmn The 8 4-acre property is generally located along the southeast side of Hartlee Field Road approximately 4,322 feet from Sherman Drive The property is located ~n the extra-terrltorlal.lunsd~ctlon of the City of Denton A three lot single-family subthws~on is proposed a Consider approval of an exaction variance from Section 34-114(5) of the Code of Ordinances concerning perimeter pawng The Planning and Zoning Commission recommends approval of a full variance (6-0) (V01-0028) b Consider approval of an exaction variance from Section 34-114(17) of the Code of Ordinances concerning sidewalks for Lots 1, 2 & 3, Block A of Anderson Addition The Planning and Zoning Commission recommends approval of a full variance (6-0) (V01-0028) c Consider approval of a variance from Sectxon 34-I 16 of the Code of Ordinances concerning the constmctlon of a waterline and fire hydrants for the proposed Anderson Add~tion, Lots 1, 2, & 3 The Planning and Zoning Comm~ssion recommends approval (6-0) (V01-0029) 10 Consider approval of a variance from Section 34-114(17) of the Code of Ordinances concerning sidewalks for the Alex Robertson Addition The 0 4-acre property is generally located on the north s~de of Ruth Street approximately 80 feet from the intersection w~th Cook Street The property is zoned Multiple Family Dwelling District (MF-1) A one lot single-family subdivision is proposed The Planning and Zoning Commission recommends approval (6-0) (VOl-O030) 11 Consider adoption of an ordinance authorizing the C~ty Manager or his designee to abandon a portion of Martin Street and execute a Quit Clmm Deed to Habitat for Humanity for a 0 078-acre tract, located m the A H~ll Survey, Abstract Number 623, Denton County, Texas, and providing an effective date City of D~nton City Council Agenda January 15, 2002 Page 3 ITEMS FOR INDIVIDUAL CONSIDERATION 12 Consider approval of a resolution approving a Residential ProJect Plan for Lexington Park South The 38-acre property ~s In a One Famdy Dwelhng (SF-10) zoning d~stnct generally located on the west side of Teasley Lane approximately 2,200 feet south of Robinson Lane A 78 s~ngle-famdy residential subdivision and three open space lots are proposed (SPO0-OOI 7) 13 Consider appointing a first and second alternate to the Interim Executive Committee of the Denton County Transportation Authority 14 New Business This item provides a section for Counml Members to suggest ~tems for future agendas or to request ~nformat~on from the Ctty Manager 15 Items from the City Manager A Notification of upcoming meetings and/or conferences B Clarification of items on the agenda 16 Possible Continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 17 Officml Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the C~ty Hall of the C~ty of Denton, Texas, on the day of ., 2002 at o'clock (a m ) (p m ) 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 INFORMATION SHEET AGENDA DATE January 15, 2002 Questions concerning this acquisition may be directed DEPARTMENT Utility Administration to Charles Fledler 3649-7190 ACM' Howard Martin, 349-8232 ~ SUBJECT: Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Frease and Nichols, Inc, for the design and development of major water transmission lines (36-tach and 42-tach) to connect to the 54-tach Lake Ray Roberts Water Transmission L~ne as set forth m the contract, and providing an effective date (PSA 2777 - Professional Services Agreement for 36 Inch and 42 Inch Transmission Lines awarded to Freese and Nichols, Ine, for a total estimated amount of $233,249) BACKG OUR~.' Th~s proposal will prowde final design phase services for major transmission lines routed primarily along north Loop 288 from Sherman Drive to west of Locust These transmission lines will more fully allow finished water from the Lake Ray Roberts Water Treatment Plant (LRRWTP) to be transferred to the C~ty of Denton's d~stnbutlon system, helping the LRRWTP capacity to be ut~llzed/reahzed upon construct~nn completion of the plant Used m conjnnct~on with the 30-1neb lines located along east Loop 288 from Highway 380 to Sherman Drive, these transmlsmon lines will receive flow from the plant v~a the new 54-tach fimsh water transmission line that is currently under design and distribute the flow to the dlstnbut~on system Exhibit I provides a schematic view of the extent of the proposed system upgrades associated with this design effort Tlus project consists of three d~stnbut~on system upgrade projects included in the FY 2002 and FY 2003 CIP as shown on Exhibit II Proposals w~re reemved from a total of three englneenng firms on December 19, 2001 Upon a review and rating of the proposals by selected staff members, Freese and N~chols, Ine received the baghest overall rating and was selected for contract negotiations The enclosed proposal (refer to Exhibit III) represents the results of these negotiations In negotiating the engmeenng services agreement for th~s project, staff used a widely recognized reference doeumant prepared by the Consulting Engineers Council of Texas (CEC) and the Texas Society of Professional Engineers (TSPE) titled General Engtneertng Servtces, (1982) Engineering fees for construction projects are frequently negotiated on the basis of a percentage of the estimated ennstruet~on cost of the project The CIP budget for this project included an estimated construction cost of approximately $2 742 mdhon Excepts for the CIP that prowde a breakdown of the estimated construction cost for these facthtles is included ~n Exhibit II Using the CEC/TSPE manual method for fee estimation related to construction costs, full basic engineenng services for a project of this size, cost and complexity would typically be around 6 0% of construction cost (approximately $164,52) Survey and right of way acqmsit~on costs would not be a part of full basra services and would be included as specml services that would require adrhtlonal compensataon StafflS requesting approval of the final design services contract with Fmese and Nichols, Inc as outlined m the scope of services and fee proposal (Exhibit III) The fees outlined an the proposal are summarized below Basic Services - Design Phase $109,948 Basic Services - Construction Phase $ 33,355 Total Basle Services' $143,303 Special Services - Design Phase $ 73,380 Specml Sermces- Constmetmn Phase $ 16,566 Total Special Services: $ 89,946 Total Fee: $ 233,249 Based upon the estimated cost of construction for the project, ( $ 2 74 million ) the total fee for basic eng~neenng services is 5 2 % of construction and the total fee for eng~neenng services ~s 85% OPTIONS: 1 Approve the professional serrates proposal for the final design as submitted 2 Recommend desired changes to the proposal for conslderat~on by staff and request renegotlatlons with Freese & Nichols, Inc RECOMMENDATIONS' Staff recommends approval of the professional services proposal as negotiated by staff and submitted by Freese & Nichols, Inc Staff took this ~tem to the Public Utlht~es Board at the January 7, 2002 meeting and can brief the C~ty Council on their recommendation at the Council Meeting PRIOR ACTION REVIEW {COUNIL. BOARDS, COMMISSION) The Pubhc Utilities Board recommended approval of the Freese and Nichols Professional Servme Agreement 6-0 at their January 7, 2002 regular meeting 2 ESTIMAIED SCHEDULE OF PROJECT: The LRRWTP plant should be operatmnal by the spnn§ of 2003 The current schedule for the project ~s as follows 1 Begin design of 36-IN and 42-IN lmes February 2002 2 Receive b~ds for construction of lines July 2002 3 Award constructton contracthssue notme to proceed September 2002 4 Ac~eptance/startup of 36-IN and 42-m lines May 2003 Th~s schedule ~s cons~stant w~th staff planmng efforts and allows the hnes to be avmlable for handling water demands anticipated m the summer of 2003 FISCAL INFORMATION' The estimated construction cost for the two CIP projects is approximately $ 2,742,000 Total funding for two projects ~s $ 3,442,000 including engmeenng design, survey, right of way, constmctmn and inspection Funding for the project will be through the use of FY 2002 utility bond funds MAP: See Extub~t I Respectfully submitted Howard Martin Assistant C~ty Manager, Utd~tles Prepared by T~mothy S F~sher, P E Assistant D~rector of Water utdmes Exhibit I Locatmn Map Exhibit II CIP Summary Sheets Exhibit III Ordinance Exhibit IV Professional Sermces Agreement wath Freese and Nichols for F~nal Design Semces Extub~t V Pubhc Utilities Board Meeting M~nutes 3 54' Finished Line 4E' Tr~rum~rt Line 36' Tro~r-',~lsston Line ~' Tr=n~lon illlll Location Ma4p Project Title: ; To Lo-=ust A~t,9~/FEI~C~ o~00 ~ UtllLty Bonds Fiscal year ~ D~¢ript~on Comment Date Object Code Amount Project Total I $1,679,000 O0 o CommeP. ts: ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGFR I O FXFC[ J I'F A PROFFSSIONAL SERVICES AGREEMENT (PSA) WITH FREESE AND NICHOLS, INC, FOR THE DESIGN AND DEVELOPMENT OF MAJOR WATER T1CRNSMISSION 13NES (36-INCtl AND 42-tNCH) TO CONNECT "FO THE 54-INCH LAKE RAY ROBERTS TRANSMISSION LIND AS SET FORTtI IN THE CONTRACT, AND PROVIDiNG AN EFFFCTIVE DATE (PSA 2??7 PROI;ESS[ONAL SERVICES AGREEMENT FOR 36- INCII AND 42-1NCll TRANSMISSION LINt~S AWAILDED TO FREESB AND NICHOLS, [NC FOR A I O'1 AL EST1MA l EDAMOUNT OF $233,429) WHEREAS, The profe~,stonal servmes prowdcr (the "Provider) menttoned m tbts o~thnance ~s bemg selected a~ the most lugbly quahfied on thc basts of tts demonstrated competence ami quahficattons to perform the proposed professxon,~l services, WHEREAS, The fees under the proposed contract are Iatr amt reasonable and are consistent w~th and not htgher than the reconunended practices and fees pubhshed by the professmnal ,tssoc~at~ons apphcable to the Provtder's pmD~ssmn and such fees do not exceed the maxnnum pmwded by law, NOW, THFREFORF, FHE COUNCIL OF TIlE CITY OF DENTON I:IFREBY ORDAINS SECTION ! The Ctty Manager ts hereby authorized to enter ~nto a ptolessmnat service contract with file Promde~, Fmese and Ntchots, Inc ,, to provtde professmnal scrwces for the design and development of major water transmmston lines (36-tach and 42-mch) to comacct to the 54qnch [ake Ray Roberts transmtssmn hne as set forth tn the contract, a copy of whtch ~s attached hereto and ~ncorporated by reference heretn SECTION 2 The Ctty Manager xs autbonzed to expend lunds as requncd by the attached contract ~C~ON 3 The findmgs tn the preamble ot tht,~ ordmancc are mcorpotatcd hereto by reference SECTION 4 This ordtnancc shall become cffccttve ~mn-tedtately opon ~ts passage and approval PASSED AND APPROVED ttns the day of __, 2002 i:: X H I [5~. l T III EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAIA FORM HERBERT ~OUTY, ~I~FY ATTORNEY ~/ //~ BY ~ -'/I .'~ ~ / 2 7 STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN AND DEVELOPMENT OF MAJOR WATER TRANSMISSION LINES THIS AGREEMENT ~s made and entered into as of the day of , 2002, by and between the Ctty of Denton, Texas, a Texas Mumc~pal Corporation, w~th 1ts principal offices at 215 East McK~nney Street, Denton, Texas 76201 (hereafter "OWNER") and Freese and Nmhols, Inc, a Texas Corporation, wtth tts offices at 4055 International Plaza, State 200, Fort Worth, Texas 76109 (hereafter "CONSULTANT"), the pames acting here~n, by and through their duly-authorized representatives and officers WITNESSETH, that tn cons~deratton of the mutual promises, covenants, agreements heretn, and m cons~deratton of the premises, the part,es hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an mdependent contractor, and the CONSULTANT hereby agrees to perform the servmes hereto ~n connection wtth the ProJect as stated m the Artmles to follow, wtth d~hgence and ~n accordance w~th the professtonal standards customarily obtained for such servmes tn the State of Texas The professmnal servmes set forth herein are ~n connectton wtth the followtng described project (the "Project") Professtonal engmeertng servmes pertaining to the design of the 36" and 42" water transmission hnes to connect the 54" Lake Ray Roberts Water Treatment Line whmh tncludes, but is not hmlted to a route study tdent,fymg optmns and obstacles assoctated with this connectmn and to the ex~stmg water d~stnbutlon system ~ncludtng development plans and specfficattons for construction ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services m a professtonal manner A To perform those professional services as set forth m the Scope of Serwces and Responstb,ht~es of Owner - 36" and 42" Water Transmtsston Ltnes for the Ctty of Denton, dated January 9, 2002, prepared by CONSULTANT for OWNER, which document ~s attached hereto as Exh~btt" A," and ts tncorporated herem by reference, whmh document Is comprised of, and subd~wded Into the followmg two(2) sections 1 Narrative on Scope and Assumptmns, Scope of Work, and Respons~b~ht~es of Owner 2 Attachment CO - Compensatmn Page 1 of 11 ~ EXi~-IiB I T IV B If there is any conflict, or if any conflict arises between the terms of this Agreement and Exhibit "A" attached to this Agreement, the terms and conditions of this Agreement shall control over the terms and conditions of the Exhibit ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above-described Scope of Services, set forth as provided by Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such addmonal services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force and effect for the period that may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its City Manager, its Assistant City Manager for Utilities, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, or related servmes Any subcontractor or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost plus ten percent 2 "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the ProJect Page 2 of 11 9 B BILLING AND PAYMENT For and in conslderatmn of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform its work on this ProJect in accordance with the prowslons of those tasks whmh are described and as set forth tn "Scope of Servmes and Responsibilities of Owner - 36" and 42" Water Transmission Lines for the City of Denton - Attachment CO - Compensat,on" of Exhtb,t "A" attached hereto and incorporated herew,th by reference For lump sum tasks as identified in Attachment CO, CONSULTANT will submit monthly mvomes based on the actual percentage of work completed For other tasks, CONSULTANT shall bill from time sheets, on a once- monthly basis, ,n minimum 1/2 hour or smaller time increments, at the hourly Bllhng Rates or as otherw, se provided For and in conslderanon of the professional serv,ces to be performed by the CONSULTANT here,n, the OWNER agrees to pay, at an hourly rate shown tn Exhtblt "A" whmh ts tncorporated herew,th by reference, a total fee, mcludtng reimbursement for direct non-labor expenses and for its subcontractor expense, an amount not to exceed $233,249 2 Partial payments to the CONSULTANT will be made monthly in accordance wtth the statements reflecttng the actual completion of the -Basic Serwces, rendered to and approved by the OWNER through its Ctty Manager, or tts Assistant City Manager for Utflittes, or h,s designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWN'ER may withhold the final ten (10%) percent of the above not-to-exceed amount until satisfactory completion of the ProJect by the CONSULTANT 3 Nothing contained tn this Article shall reqmre the OWNER to pay for any work whtch ~s unsatisfactory as reasonably determined by the City Manager, or the Assistant C,ty Manager for Utfllt,es or his destgnee, or whmh is not submitted by CONSULTANT to the OWNER ,n compliance wtth the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT ts tn default under this Agreement 4 It ts spectfically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement wh,ch would reqmre adda,onal payments by the OWNER for any charge, expense or reimbursement above the not-to- exceed amount as stated heremabove, wtthout first having obtained the prior wmten authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provtded for under Anmle III "Additional Servtces" wtthout first obtaining pr,or written authorization from the OWNER C ADDITIONAL SERVICES For additional serv,ces authorized in writing by the OWNER ~n Article III heremabove, CONSULTANT shall be pard based on a to-be-agreed-upon Page 3 of 11 i0 Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be m accordance with Article V B herelnabove Statements for Basle Services and any Additional Serwces shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (I%) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance w~th Article V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project and OWNER'S use of these documents in other projects shall be at OWNER'S sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this Agreement, CONSULTANT is released from any and all habihty relating to their use In that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status Page 4 of 11 ~..~ .ARTICLE IX INDEM/qlTY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, subcontractors, subconsultants, attorneys, and/or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity , to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carriers of at least an "A-" or above A Comprehensive General Liability Insurance w~th bodily injury hm,ts of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and w~th property damage limits of not less than $100,000 for each occurrence, and not less than $100,000 tn the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory reqmrements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Llabll,ty Insurance with hmits of not less than $2,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies to the OWNER to evidence such insurance coverage The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without at least thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, Page 5 of 11 1 2 deliver copies of any such substitute pohcles, furnishing at least the same policy limits and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate d~spute resolution arising out of or relating to, this Agreement involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provis~on of this Agreement, either party may terminate this Agreement by provi&ng thirty (30) days advance written notice to the other party B This Agreement may alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obhgatlons under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mad, return receipt requested) of Intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunlty for consultation with the terminating party prior to termination C If this Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immedmtety cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to ttus Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute, nor be deemed a release of the responslbihty and liabd~ty of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other Page 6 of 11 13 work performed pursuant to ttus Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibfl~ty by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agems, subcontractors, and subconsultants ARTICLE XIV NOTICES All notices, commumcatmns, and reports required or permitted under th~s Agreement shall be personally dehvered to, or telecopled to, or mailed to the respective part,es by depositing same in the Umted States mall at the addresses shown below, postage prepmd, certified mad, return receipt requested, unless otherwise specified herein To CONSULTANT To OWNER Freese and Nmhols, Inc City of Denton, Texas Robert Pence, Semor Vine-President City Manager 4055 International Plaza, State 200 215 East McKlnney Fort Worth, Texas 76109 Denton, Texas 76201 Fax (817) 735-7491 Fax (940) 349-8596 All notices given under this Agreement shall be effective upon their actual receipt by the party to whom such notice ~s given ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of eleven (11) pages and one (1) Exhibit conmtutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representatmns, negotiations, discussions, communications, understand,ngs, and agreements whmh may have been made ~n connection with the subject matter of th~s Agreement ARTICLE XVI SEVERABILTY If any promslon of this Agreement ~s found or deemed by a court of competent jurisdiction to be inval,d or unenforceable, tt shall be considered severable from the remainder of this Agreement, and shall not cause the remaxnder to be invahd or unenforceable In such event, the parties shall reform th~s Agreement, to the extent reasonably possible, to replace such stricken provis~on with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the pames respecting any such smcken provision rage 7 of 11 1 4 ARTICLE XVII CO1V[PLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may arise during the term of th~s Agreement B All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABiLITY The CONSULTANT shall not assign any interest in this Agreemem and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER in writing of any change of its name as well as of any slgmficant change in its corporate structure or in its operations ARTICLE MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the part,es hereto arising out of, or affecting th~s Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in Page 8 of 11 15 writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exhibit is attached to, incorporated herewith by reference, and is made a part of this Agreement for all purposes pertinent Exhibit "A" --"Scope of Services and Responsibilities of Owner - 36" and 42" Water Transmission Lines for the City of Denton, Texas" dated January 9, 2002 B CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to tbas Agreement CONSULTANT agrees that OWNER shall have access during normal workang hours to all necessary CONSULTANT facihties and shall be provided adequate and appropriate workang space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed m accordance with the laws of the State of Texas D For purposes of this Agreement, the parties agree that the ProJect Principal shall be Raymond Longona, Principal, P E, and the key persons who will perform most of the work as the Project Team, include the Project Manager, Russell Gibson, P E, under, and in accordance with this Agreement, shall be as specifically identified and set forth in "Scope of Services and KesponslblhtIes of Owner - 36" and 42" Water Transmission Lines for the City of Denton" document attached hereto as Exhibit "A" This Agreement has been entered into with the understanding, expectation, and the OWNER's rehance, that the above-stated employees of CONSULTANT shall perform all or a significant portion of the work on the ProJect Any proposed changes regarding the change of the Project Manager or other key personnel, requested by CONSULTANT, respecting one or more of the above-stated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services required herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the prowslons hereof in accomphsh~ng the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work being carried on by the OWNER Page 9 of 11 1 ~ F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous repons, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furmshed to it by OWNER without the need for further inquiry or lnvestigat~on into such ~nformat~on G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement iN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly-authorized City Manager, and CONSULTANT has executed this Agreement bY and through its duly-authorized undersigned officer on this the --. day of ,2002 "OWNER" CITY OF DENTON, TEXAS By MICHAEL A CONDUFF CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 10ofll 17 "CONSULTANT' FREESE AND NICHOLS, 1NC A Texas Corporation ATTEST Page 11 of 11 1 ~ EXHIBIT A SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER 36" AND 42" WATER TRANSMISSION LINES FOR THE CITY OF DENTON JANUARY 9, 2002 GENERAL The City of Denton 36 and 42-Inch Water Transnusmon ProJect (the ProJect) will ~nclude the following famhtms · 42-Inch P~pelme along Loop 288 from Sherman Drive to Stuart Road · 16-Inch Plpelme along Smart Road from Loop 288 to an existing plpehne · 36-Inch Pipeline along Loop 288 from Smart Road to Locust · 16-Inch Pipeline along Locust · 36-Inch Plpelme along Loop 288 fi.om Locust to the exastmg 16-tach line near Texas Instruments · Valves, connections, and pipelme appurtenances as mqmred The Project will be designed and constructed as one construction contract ARTICLE I BASIC SERVICES FNI shall rander the following professional services m cnnnection w~th the development of the Prolect A PRELIMINARY PHASE Upon execution of tins AGREEMENT, FNI shall Consult wth OWNER (1) to rewew the scope of serwces, (2) to verify OWNER's reqmrements for the ProJect, and (3) to review available data 2 Advtse OWNER as to the necessity of OWNER's prowdmg or obtaining data or serwces fi.om others, and assist OWNER m connecUon wath any such services 3 Provide prehmmmy route selectmn maps with up to two alternate routes The mappmg shall include properties, utllmes and topograptuc mformataon FNI will prepare cost estnnates and recommendaUons for the final pipeline route FNI will meet with the OWNER to review the route Estimates of the cost of land and rights-of-way, compensation for or damages to properties and interest and fmancmg charges will be provided by OWNER or others so designated by OWNER In arriving at its optmon ofprobable constructmn cost for the ProJect, FNI will include the estunates furmshed by OWNER and will have no responslbthty to determine the accuracy or vahchty of these esumates 4 Prepare prelunmary design documents consmtmg of final design criteria, prelaranary drawings mad conceptual design ufformatlon > Based on the information contained in the prelnnmary design documents, submit a rewsed opanon of probable ProJect Costs 6 Furmsh five (5) copies of the above prelmunary design documents and present and review them with OWNER T \Denton~cope 36 and 42 draft 2 doc SC- 1 OWNER__ B DESIGN PHASE Upon approval of the prelanmary design documents, FNI shall provtde professional servtces m thts phase as follows 1 Prepare drawings, specfficatlons, Constructmn Contract Documents, designs, and layouts ofanprevements to be constructed Attend two meetings w~th the OWNER to review the project 2 If specffically authorized m writing by the OWNER, FNI will prowde special services, including environmental servmes, surveying sarvmes, geotechmcal services, corrosion eng~neenng servmes, and miscellaneous special services as described hereafter FNI will adwse OWNERofany other special services and the retention of specml consultants The cost of other specml serwces shall be prod by OWNER and are not ~ncluded m the semces performed by FNI 3 Furmsh OWNER, when requested, the engineering data necessary for apphcatlons for routine permits requtred by local, state and federal anthont~es Preparatmn of apphcat~ons and supporting documents for government grants or for planning advances ~s an Adda~onal Servme 4 Submat drawings, specfficat~ons, and Construction Contract Documents to the apphcable federal and state agency(s) for approval, where reqmred, including permit apphcatmns for road crossmgs 5 Furmsh such mformatmn necessary to ut~hty compames whose factht~es may be affected or services may be reqmred for the Project 6 Rewew prewous surge studies, and verify conclusions from prevmus surge studies are vahd, based on the final design of the Project 7 Prepare remsed op~mon of probable construction cost 8 Prepare b~dder's proposal forms (proJect quantmes) of the improvements to be constructed 9 Furmsh OWNER five (5) sets of cop~es of drawings, specfficat~ons, and b~d proposals marked "Prelmunary" for approval by OWNER Upon final approval by OWNER, FNI w~ll prowde OWNER ten (10) sets of coptes of "Final" drawings C BID PHASE Upon completmn of the design serwces and approval of"Final" drawings and specfficattons by OWNER, FNI wtll proceed w~th the performance of services m th~s phase as follows Asmst OWNER m securing btds Issue a Nottce to B~dders to prospective contractors and vendors hsted In FNI's database of prospecttve b~dders, and to selected plan rooms Prowde a copy of the notice to b~dders for OwNERtousemnotxfy~ngconstruct~onnewspubhcations andpubhshmgappropnatelegalnot~ce The cost for pubhcatmns shall be paid by OWNER 2 Pnnt B~d Documents and &stnbute to selected plan rooms, and to prospective btdders that respond to the Notxce to B~dders Send one (1) copy of B~d Documents to TNRCC, ~f reqmred 3 Mamtam mformatmn on ent~tles that have been ~ssued a set of btd documents D~smbute ~nfonnatmn on plan holders to interested contractors and vendors on request 4 Assist Owner by responding to questaons and tnterpret~ng b~d documents Prepare and ~ssue addenda to the btd documents to plan holders if necessary T \Denton~s~ope 36 and 42 drtttt 2 doe SC-2 OWNER__ 2O 5 At OWNER request, FNI will assist OWNER m the opening, tabulating, and analyzing the bids received Review the qualification information provided by the apparent low bidder to detemune if, based on the information available, they appear to be quahfied to construct the project Recormnend award of contracts or other actions as appropriate to be taken by OWNER Pre-qualification of all prospective bidders and issuing a list of ehg~ble bidders prior to the bid openmg is an adthtional service 6 Assist the OWNER in conducting a pre-bid conference for the construction projects and coordinate responses with OWNER Response to the pre-bid conference will be in the form of addenda issued after the conference Attend the tour oft-he project site after the pre-bid conference 7 Assist OWNER m the preparation of Construction Contract Documents for constructmn contracts Pmwde ten (10) sets of ConstRiction Contract Documents which include information fi-om the apparent low b~dders bid documents, legal documents, and addenda bound m the documents for execution by the OWNER and construction contractor DlstRbute five (5) copies of these documents to the contractor with a notme of award that includes dLrectlons for the execution of these documents by the construction contractor Provide OWNER with the remaLmng five (5) copies of these documents for use during construction AdrhUonal sets of documents can be provided as an adrhtional service 8 Furnish contractor ten (10) copies of the drawings and specifications for construction pursuant to the General Conchtlons of the Construction Contract D CONSTRUCTION PHASE Upon completion of the bid phase services, FNI will proceed with the performance of constmctmn phase services as described below FNI will endeavor to protect OWNER in providing these services however, it is tmderstood that FNI does not guarantee the Contractor's performance, nor ~s FNI responsible for supervision of the Contractor's operation and employees FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor FNI shall not be responsthle for the acts or ormsslons of any person (except its own employees or agents) at the Project site or othervase performing any of the work of the Project These services are based on the use of OWNER's standard General Conditions for construction projects The OWNER agrees to include provisions m the construction contract documents that will require the construction contractor to include FNI and theLr subeonsultants on this project to be listed as an additional ~nsured on contractor's insurance policies 1 Assist OWNER m conducting pre-construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract, and prepare a proposed esnmate of monthly cash reqmrements of the Project from ~nformatlon provided by the Construction Contractor 2 Establish communication procedures ruth the OWNER and contractor 3 Establish and maintain a project documentation system consistent with the requirements of the construction contract documents Momtor the processing of contractor's submittals and provide for fihng and retrieval of project documentation Review contractor's submittals, ~ncluding, requests for ~nfonnatlon, modlficanon requests, shop drawings, schedules, and other submittals in accordance w~th the requirements of the constructmn contract documents for the projects Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules 4 Based on FNI's observaUons as an experienced and qualified design professional and review of the Payment Requests and supporting documentation subnutted by Contractor, determine the amount that FNI reco~..c~nds ~ T/Denton~s~ope 36 and 42 drag 2 doe SC-3 OWNER. 21 Contractor be pad on monthly and fmal cstnnates, pursuant to the General Conditions of the Construction Contract 5 FNI will attend the pre-construction meeting and final inspection visit(s) In addition, FNI will make five (5) visits to the site (as distinguished from the contmuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine m general if the work is proceeding in accordance with the Construction Contract Documents In th~s effort FNI will endeavor to protect the OWNER. agamst defects and deficiencies m the work of Contractors and wdl report m~y observed deficiencies to OWNER Visits to the site in excess of the specffied number are an additional service 6 Notify the contractor of non-confornung work observed on site vls~ts Review quality related documents provided by the contractor such as test reports, eqmpmcnt mstallation reports or other documentation reqmred by the Construction contract documents 7 Provide recommendations to the OWNER for the work of testing laboratones and mspect~on bureaus reqmred for the testing or inspection of materials, witnessed tests, factory testing, etc for quality control of the Project Tho cost of such quality control shall be paid by OWNER and is not mcinded in the services to be performed by FNI g Interpretthedrawingsandspecfficat~onsforOWNERandContractor(s) lnvesUgaUons, analyses, andstmhes requested by the Contractor(s) and approved by OWNER, for substitutions of eqmpment and/or materials or deviations from the drawings and specifications is an additional service 9 Establish procedures for adnumstenng constructive changes to the construction contracts Process contract modifications and negotiate w~th the contractor on behalf of the OWNER to detenmne the cost and time ~mpacts of these changes Prepare change order documentation for approved changes for executlon by the OWNER Documentation of field orders, where cost to OWNER is not impacted, will also be prepared Investigations, analyses, stuthcs or design for substitutions of cqmpment or matenals, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner arc an addmonal service Substitutions of materials or cqmpment or design modifications requested by the OWNER are an additional service 10 Prepare docutnentatlon for contract modtficatlons required to implement modfficatlons m the design of the project Receive and evaluate notlce~ of contractor claims and make recommendations to the OWNER on the merit and value of the claim on the basis of mfonnation submitted by the contractor or available in project documentation Endeavor to negoUate a settlement value with the Contractor on behalf of the OWNER If appropriate Provldmg these services to review or evaluate constructmn contractor(s) claim(s), supported by cansas not witlun the control of FNI are an additional service 11 Conduct, ~n company wlth OWNER's representative, a final review of the Project for conformance with the design concept of the Project and general comphance wlth the Construction Contract Documents Prepare a hst of deficiencies to be corrected by thc contractor before recommendation of final payment Assist thc C~tv ~n obtammg legal releases, perrmts, wan'antles, spare parts, and keys from the contractor Revie~v mad comment on thc certfficat¢ of completion and the recommendation for final payment to the Contractor(s) V~sltlng the site to review completed work in excess of two trips arc an additional service 12 Revise thc constmctlon drawmgs In accordance with the reformation furmshed bY construction Contractor(s) reflectmg changes in the Project made dunng constructmn Two (2) sets ofprmts of"Record Drawmgs" shall be prowded by FNI to OWNER Fl,II will also provide an electromc copy of the "Record Drawmgs' ~n CADD format E SURVEYING If specifically authorized ~n writing, FNI will retain and momtor the efforts of a survewng FNI ~ T \Denion,.q~.ope 36 alld 42 dralt 2 doc SC-4 OWNER 22 firm (Surveyors and Engineers of North Texas) to provide the following services · Prepare a parcel map showing property ownership based on tax appraisal information · Provide deed research for the preparation of easement documents (This task does not include title · Provide survey control along the pipeline route in a coordinate system approved by the Owner, and comparable w~th other plpelme projects · Prepare metes and bounds easement descnpUons for each private tract For budgeting purposes, a maxnnum of fiftean tracts are estmurted Payment for parcel descriptions shall be on a per parcel basis If more than fifteen parcels are required, then additional compensation will be reqmred · Prowde topographic survey for a 100-foot width along the pipeline routes · Provide survey ties to major utility lmes, as located by the utility owners · Stake the pipeline at 1000-foot intervals durmg the bid phase, for use of prospective b~dders · Meet with the Contractor and flag control points, for contractor's use F GEOTECHNICAL ENGINEERING If specifically anthonzed in writing by the City of Denton, FNI will provide geoteckmcal engmeenng and a sub-consultant dnlhng and laboratory-testing firm (Ground~vater Momtormg, Inc ) to provide the following services · Review geologic maps and the p~pelme route to identify testing locations · Drill up to ten (10) bonngs averaging 20 feet deep Log the borings, and obtain soil samples for soil classification and the corrosaon analysis tesUng Provtde rock cores and RQD of rock, where applicable ·Provide laboratory testing, including atteburg hm~ts, unconfined strength of rock samples, sieve analysis, and water content · Prowde conclusions of testing and geoteehmcal analysis in a report, for use of the plpehne designers and prospective bidders G CORROSION ENGINEERING If specifically authonzed in writing by the City of Denton, FNI will retain and monitor the serwces of a corrosion-angmeenng firm (Corrpro Companies, Inc ) to provide the following · Conduct field stol reslst~wty surveys along the proposed pipeline route Conduct tests for foreign pipeline cathodic protection systems, and AC interference · Conduct laboratory tests of soil samples, ~ncludmg pH, moisture, chlorides, sulfides and conductivity · Analyze data and make recommendations for cathodic protection systems and p~pehne materials for up to three alternate pipeline materials · Prepare detailed drawings and specifications for corrosion momtonng systems and cathodic protection systems · Dunng the construction phase, review contractor's submittals and provide comments · Provide one day of on-s~te inspector trarmng, at the beginning of construction · Observe the cathodic protection system comm~ssiomng and interference testing, to be provided by the Contractor · Review the Contractor's con'LrnlSslonmg report H ENVIRONMENTAL PERMITTING If specifically authorized In ,vntmg bv the City of Denton, FNI provide office research and a field review of the pipeline route, to determine if any environmental permits are reqtured FNI will prowde an archeolog~cal rewew of the port,on of the route that is on un(hsturbed property Based on this field rewew, FNI will prepare a memorandum to the OWNER, lnthcatmg the conclusions of the analysis It is antaclpated that no envtronmental pernut notifications ~vfll be needed for the project and the Project T Denton~scope 36 and 42 draft 2 doe SC-5 OWNER will be applicable to Nationwide Permit No 12, since most of the route is previously chsturbed, and only one small drainage swale ts creased If environmental permit apphcatlons or m-depth environmental studies were reqmred, then these studies would be an ad&ttonal service ARTICLE II ADDITIONAL SERVICES Addmonal Services m be peffom~ed by FNI, ~f specifically authorized ~n wrmng by OWNER, which are not included m the above-described basic services, are described as follows A GIS mapping services or assistance wath these semces B Making revisions to drawangs, spectficatmns or other documents when such rems~ons are 1) consistent with approvals or mstmcUuns prewously g~ven by OWNER or 2) due to other causes not solely w~thm the control of FNI C Providing consultatmn concermng the replacement of any Work damaged by fire or other cause dunng the construction, and prov~dmg services as may be mqmred m connection with the replacement of such Work D Investigations ~nvolvmg consideralJ, on of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feaslbthty smdxes, appraisals, evaluations, assessment schedules, and matenal and~ts or inventories reqmred for certlficaUon of force account construction performed by OWNER E Prowdlng shop, rmll, field or laboratory inspection of materials and equipment Observe factory tests of eqmpment at any site remote to tbe project or observing tests required as a result of eqmpment falbng the mmal test F Preparing Operatmn and Maintenance Manuals or conducting operator training G Furmsh~ng the selwlces of a Resident Project Reprasentat~ve to act as OWNER's on-site representative during the Construction Phase H Performing investigations, stuthes and analyses of substitutions of equipment and/or materials or devlatmns from the drawings and specifications Provldmg envtroumental support serwces including the design and trnplementatlon of ecologmal baseline studies, environmental momtormg, nnpact assessment and analyses, permitting assistance, and other assistance reqmred to ad&ess environmental laSheS J Performing ~nvasttgat~ons, studies, and analysis of work proposed by construction contractors to correct defective work K Design, contract mod~ficatmns, stuches or analysts reqmred to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement L Servmes reqmred to resolve b~d protests or to rebtd the projects for any reason M Visits to the me m excess of the number of raps included in Article l for periodic site visas, coordination meetings, or contract completion activities T \Dcnton~scope 36 and 42 draft 2 doe SC-6 OWNER__ ,.4 N Any services required as a result of default of the contractor(s) or the failure, for any reason, ofthe contractor(s) to complete the work wlthm the contract tmae O Providing services after the completion of the construction phase not spec~fically hsted tn Amcle I P Providing basic or adchtlonal services on an accelerated tune schedule The scope of tins serwce include cost for overtime wages of employees and consultants, meffic~encles ~n work sequence and plotting or reproduction costs threctly atmbutable to an accelerated t/me schedule &rected by the OWNER Q Providing services made necessary because of unforeseen, concealed, or dtffenng s~te condmons or due to the presence of hazardous substances m any form R Prowdmg servmes to rewew or evaluate constructmn contractor(s) claun(s), prowded smd claans are supported by causes not w~ttun the control of FNI S Prowdmg value engineering studies or reviews of cost sawngs proposed by construction contractors after btds have been subwatted T Provide follow-up profess,onal sarvmes during Contractor's warranty period ARTICLE III TIME OF COMPLETION FNI ~s authorized to commence work on the ProJect upon execution o£ thts AGREEMENT and agrees to complete the services m accordance wah the following schedule · Complete surveying and easement documents w~ttun rune (9) weeks of receiving permmsmn to access propemes · Complete design plans and spemficatlons w~thm twenty (20) weeks ofrecetvmg pernussmn to access properties If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent unth the number of days of delay These delays may include but are not hrmted to delays m OWNER or regulatory revtews, delays on the flow of mformat~on to be prowded to FNI, governmental approvals, etc If these delays are excesstve, then FNI reserves the right to negotiate adchtlonal compensataon for ad&uonal servtces related to the delay ARTICLE IV RESPONSIBILITIES OF OWNER OWNER shall perform the following ~n a umely manner so as not to delay the services of FIqI A Designate m writing a person to act as OWNER's representative wtth respect to the services to be rendered under tlus AGREEMENT Such person shall have contract authority to transmtt instructions, receive tnformanon interpret and define OWNER's pohcles and demsmns wtth respect to FNI's services for the ProJect B Provide all criteria and full mformaUon as to OWNER's reqmrements for the Project, including design objecuves and constraints, space, capacity and performance requirements, flextb~hty and expandabthty, and any budgetary hm~tatmns, and furmsh copies of all design and constmctmn standards which OWNER vnll requtre to be included tn the drawings and specifications C Assist FNI by placing at FNI's chsposal all avmlable ~nformat~on pertinent to the Project including previous reports and any other data relative to design or construcUon of the ProJect T ~Denton\s~ope 36 aha 42 draft 2 doc 8C-7 OWNER 25 D Arrange for access to and make all provisions for FNI to enter upon public and pnvate property as required for FNI to perform servmes under tbas AGREEMENT If conchtlons are muddy, the driller will delay drllhng until conditions nnprove E Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertummg thereto within a reasonable time so as not to delay the services Of FNI F Furnish approvals and perrmts from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project Provide tatle investigations and title insurance, if deemed necessary by the OWNER H Provide such accounting, independent cost esmnatmg and insurance cotmselmg services as may be reqtured for the ProJect, such legal services as OWNER may require or FNI may reasonably request with regard to legal ~ssues pertaining to the ProJect including any that may be raised by Contractor(s), such auchtmg service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying x, nth any law, rule, regulation, ordinance, code or order apphcable to their furnishing and perfornung the work I OWNER shall determine, prior to receipt of construction bid, if FNI or OWNER will furnish Resident Project Representative service J If OWNER designates a person to serve m the capacity of Resident Project Representative who is not FNI or FNI's agent or employee, the duties, responsibilities and lnn, tatlons of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this AGREEMENT before the Construction Phase of the Project begins K Attend the pre-bid conference, bid opening, preconstructlon conferences, construction progress and other job related meetings and substantial completion mspectluns and final payment ,nspections L Give prompt written notice to FNI whenever OWNER observes or othermse becomes aware of any development that affects the scope or tuning of FNI's services, or any defect or nonconformance of the work of any Contractor M Furmsh, or chrect FNI to provide, Adchtional Services as stipulated m Attachment SC, Article II of this AGREEMENT or other services as reqmred N Provide easement acquisition services O Bear all costs ,ncldant to compliance with the reqmremants of this Article IV ARTICLE V DESIGNATED REPRESENTATIVES FNI and OWNER designate the following representatives Owner's Designated Representative - Name Frank G Pavne, P E 601 E Hickory, Suite B Denton TX 76205 T ~Denton~¢ope 36 and 42 drat~ 2 doe 8C-8 OWNER Phone (940) 349-8910 Fax (940) 349-8951 E-mall frank pavne~c~tvofdenton corn FNI's Project Manager - Name Russell Gibson, P E 4055 Intematmnal Plaza, Suite 200 Fort Worth, Texas 76109-4895 Phone 817-735-7323 Fax 817-735-7491 E-mml rlq~freese com FNI's Accotmt~ng Representative - Name Tern W~tcher 4055 International Plaza, State 200 Fort Worth, Texas 76109-4895 Phone 817-735-7339 Fax 817-735 -7491 E-mall ttw~freese corn T \DentonXscope 36 and 42 drall 2 doc SC-9 OWNER 27 ATTACHMENT CO COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER A Ba,m Services Compensat,on to FNI for the Basic Serv,ces in Exlub,t A, Amcle I, Paragraphs A, B, C, aud D shall be the lump sum of $143,300 IfFNI sees the Scope of Servlces changing so that add,t,onal services are needed, ,ncludmg but not lnmted to those services described as Additional Servmes tn Attachment SC, FNI will notify OWNER for OWNER's approval before proceed,ng Addmonal Servmes shall be computed based on the Schedule of Charges B Spcaal Services The total fee for special services m Exh~blt A shall be computed based upon the Schedule of Charges for Additional Work as described below, but shall not exceed the following Article I - Paragraph E (Surveying) Topographic Survey - Not to Exceed $19,085 00 Easement Parcels - 15 Parcels at $473 00/lump sum each = $7,095 00 B,d and Constructmn Phase -Not to Exceed $12,738 00 Article I - Paragraph F (Geotechmcal Engmeenng) 5 test holes, coordination, and report - Not to Exceed $I 1,550 00 5 addtuonal holes at $1,500/lump sum each -- $7,500 00 Article I - Paragraph G (Corros,on Engmeenng) Corros,on Design Phase - Not to Exceed $10,450 00 Corrosion Constmcuon Phase - Not to Exceed $3,828 00 Article I - Paragraph H (Environmental Permitting) Not to Exceed $7,700 00 Artmle II - Miscellaneous Ad&t, onal Services as agreed to by the Owner Not to Exceed $10,000 00 C Schedule of Charges for Addmonal Work Staff Member Salax7 Cost Times Multiplier of 2 3 Resident Representat,ve Salary Cost T,mes Mult,pher of 2 0 Salary Cost is defined as the cost of salaries (including sick leave, vacation, and hohday pay applicable thereto) plus unemployment and payroll taxes and contnbutlons for social security, employment compensatmn insurance, reUremant benefits, mechcal and other insurance, and other nnscellaneous benefits Other D,recl; Exvenses Actual Cost Tnnes Mult,pher of 1 10 Other d;mct expenses shall include outs;de printing and reproduction expense, commumcation expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses d~rectly related to the work, including costs of laboratory analysis, test, and other work reqmred to be done by independent persons other than staff members Rotes for In-house Services Computer and CAD Calcomp Plotter PC CAD Stations $10 00 per connect hour Bond $ 2 00 per plot Interpro $12 50 per connect hour Color $ 3 50 per plot T ~DentonXsoope 36 and 42 dratt 2 doc CO- 1 OWNER__ ATTACHMENT CO PC Stations $ 8 00 per connect hour Vellum $ 4 00 per plot VAX Computer $20 00 per connect hour Mylar $10 00 per plot Print Shop Bluelmes $ 0 07 per square foot Offset and Xerox Cop~es $ 0 07 per single side copv Offset and Xerox Copies $ 0 14 per double side copy GBC Binding (Kegular Cover) $ 2 00 per book GBC Binding (Emboss Cover) $ 4 00 per book Tape Binding (Regular Cover) $1 75 per book Tape Binding (Emboss Cover) $ 3 75 per book 4-29-95 T ~ Denlon~s¢ope 36 and 42 draft 2 doe C0-2 OWNER DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES January 7, 2002 9:00 A M. After determmmg that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, January 7, 2002 at 9 00 a m m the Service Center Trmmng Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas PRESENT: Dick Norton, George Hopkins, Charldean Newell, Dick Smith, Don White and Bill Cheek EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, ACM/Utlhtles EXCUSED. Jim Wilson 1TEMS FOR INDIVIDUAL CONSIDERATION 8) Consider approval of the professional services proposal from Freese & Nichols, Inc. for the final design of the 36-Inch and 42-tach water transmission lines along Loop 288. Fisher also presented this item He exphuned that the proposal would provide final design phase services for major transmission lines routed primarily along north Loop 288 from Sherman Dnve to west of Locust These transmission lines will more fully allow finished water from the Lake Ray Roberts Water Treatment Plant (LRRWTP) to be transferred to the City of Denton's distribution system, helping the LRRWTP capacity to be utilized upon completion of the plant Used in conjunction with the 30-tach lines located along east Loop 288 from Highway 380 to Sherman Drive, these transmission lines will receive flow from the plant via the new 54qnch finish water transmission line that is currently under design and distribute the flow to the distribution system The project consists of three distribution system upgrade projects included in the FY 2002 and FY 2003 Fisher disclosed that proposals were received from three englneenng firms Freese & Nichols, Inc received the highest overall rating from selected staff members Hopkins summarized his concern that there was no documentation to indicate that the fees for special services were not excessive compared to the fees for basic services for this project Additionally, there is nothing to indicate what the special services are Fisher explmned that the special design services for tins contract included survey, geotechmcal, environmental and corrosion studies that staff felt were required for a project of thru size and scope Fisher also explained that typical fees for full basic engmeenng services for a project of this size would be approximately 6 0% of the construction cost The englneenng fees for basic services for this proposal are 5 2% of Page 1 of 2 EXHIBIT the estimated construction cost and w~th the spemal services tncluded the total eng~neenng fees were 8 5 % of the estimated construction cost of the project Newell stated that ~t would have been helpful ~f the summary agreed more closely w~th the ~nformat~on prowded ~n the F~scal Information F~sher responded that part of the problem related to the fact that back up Exhibit II ~ncluded a d~fferent CIP project for one of the two projects that th~s engmeenng proposal was to prowde eng~neenng design services for The corrected exhibit was handled out at the meeting and F~sher apologized for the confusion ~t may have caused for the board The total construction cost estimate of $ 2 74 m~lhon dollars came from the construction only portton of the CIP projects The total budget amount for the two CIP projects was $ 3 44 mdhon and included costs for constmctton, right of way acqms~t~on, eng~neenng and ~nspect~on White moved to approve. Itopk[ns seconded Motion was approved nnammously Page2of2 ~ AGENDA INFORMATION SHEET AGENDA DATE January 15, 2002 Questions concerning ~his acquisition may be directed DEPARTMENT. Materials Management to Sharon Mays 349- 8487 ACM Kathy DuBose, Fiscal and Municipal Serv~ces~7 SUBJECT: An Ordinance accepting competitive bids and awarding a contract for the purchase of' an electronic meter reading system, provldmg for the expenditure of funds theref`ore, and provtdlng an e£f`ect~ve date (B~d 2770-Electromc Meter Reading System awarded to Itron, Inc, m the amount of $54,202) BID INFORMATION' This bid is for the purchase of an electronic meter reading system to replace our outdated and problematle current meter reading system Thxs new meter reading system will allow us to provide more accurate b~lhng service to our customers, and ~s compatible w~th Radio Frequency (R_F) Automatic Meter Reading (AMR) PRIOR ACTION OR APPROVAL. The Pubhe Utility Board is scheduled to consider approval of' this item at their January 7, 2002 meeting RECOMMENDATION We recommend thts bid be awarded to the lowest responsible b~dder, Itron, Inc, in the annual amount of' $54,202 PRINCIPAL PLACE OF BUSINESS. Itron, Inc Spokane, WA ESTIMATED SCHEDULE OF PROJECT' The meter reading system software and components can be delivered in 60-90 days from receipt of an order FISCAL INFORMATION· Funding w~ll come from budgeted C I P Bond fund projects approved dunng the budget process Agenda Information Sheet January 15, 2002 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet Attachment 2 PUB Meeting Minutes 1688 Agenda 2 ATTACHMENT 1 TABULATION SHEET BID# 2770 Date 12/6/01 ELECTRONIC METER READING SYSTEM N01 QtV ii DESCRIPTION VENDOR VENDOR ITRON, INC Pnn¢~ple Place of Bus~ness SPOKANE, WA ELECTRONIC METER READING 1 $49,322 I SYSTEM ADDITIONAL EXPENSES $4,880 TOTAL $54,202 DELIVERY 60-90 DAYS 2770 ATTACHMENT 2 DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES January 7, 2002 9 00A. M After deternumng that a quorum of the Pubhc Ut~ht~es Board of the C~ty of Denton, Texas ~s present, the Pubhc Ut~ht~es Board w~ll thereafter convened ~nto an Open Meeting on Monday, January 7, 2002 at 9 00 a m xn the Serwce Center Trmnmg Room, Cxty of Denton Serwce Center, 901-A Texas Street, Denton, Texas PRESENT: D~ck Norton, George Hoplons, Charldean Newell, Dick Snuth, Don White and B~ll Cheek EX OFFICIO MEMBERS IVhke Conduff, C~ty Manager Howard Mamn, ACM/Ut~ht~es EXCUSED J~m W~lson CONSENT AGENDA. 1) Consider approval of B~d No 2770 to Itron, Inc for Denton Mumc~pal Elecmc's (DME) purchase of an electromc meter reading system m an amount not to exceed Board member D~ck Snuth moved to approve Consent Agenda Item gl for B~d #2770 Board member George Hopkins seconded. Motion was approved unammously. ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE B DS AND AWARDING A CONTRACT FOR THE PURCHASE OF AN ELECTRONIC METER 1~ EADING SYSTEM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND ?ROVIDING AN EFFECTIVE DATE (BID 2770-ELECTRONIC METER READING SYSTE? AWARDED TO ITRON, INC, 1N THE AMOUNT OF $54,202) WHEREAS, the City has sohclted, recmved al [ tabulated competitive bids for the purchase o fnecessary materials, equipment, supphes or service ~ in accordance with the procedures of STATE law and C~ty ordinances, and WHEREAS, the City Manager or a designated :mployee has reviewed and recommended that the herein described b~ds are the lowest responsible ,ids for the materials, equipment, supphes or services as shown ~n the "B~d Proposals" submitted 1 terefore, and WHEREAS, the City Council has provided ~n :he City Budget for the appropnatmn of funds to be used for the purchase of the materials, eqmpme~ t, supphes or services approved and accepted here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HER] ~BY ORDAINS SECTION 1 That the numbered items m he following numbered b~ds for materials, equipment, supphes, or services, shown in the "Bid Proposals" on file ~n the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID NUMBER VENDOR AMOUNT 2770 Itron, Inc $54,202 SECTION 2 That by the acceptance and a[ proval of the above numbered items of the submitted bids, the City accepts the offer of the person; submitting the bids for such ~tems and agrees to purchase the materials, eqmpment, supplies services m accordance with the terms, specifications, standards, quantities and for the specffi ~d sums contained in the Bid Invitations, Bid Proposals,, and related documents SECTION 3 That should the C~ty and persons submitting approved and accepted items and of the submitted bids wish to enter ~nto a formal wn ten agreement as a result of the acceptance, approval, and awarding of the b~ds, the City Manag{ r or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, prowded that the written contract is in accordance with the terms, condltlOr s, spemficatlons, standards, quantities and specified sums contained in the B~d Proposal and relat ~d documents herein approved and accepted SECTION 4 That by the acceptance and al: proval of the above numbered items of the submitted bids, the C~ty Counml hereby authorizes th~ expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant I ~ a written contract made pursuant thereto as authorized hereto SECTION 5 That this ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED this day of ., 2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM 2770 SUPPLY OP4DINANIZE 2 AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2002 DEPARTMENT Economic Development CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving the First Amendment to that Agreement between the City of Denton and the Denton Affordable Housing Corporation, authorizing the City Manager to execute the First Amendment, and provlthng for an effective date BACKGROUND City Council approved the 2001 Action Plan for Housing and Community Development on May 15, 2001 The Action Plan included an allocation of $86,250 for the Affordable Housing Opportunity Program (AHOP) administered by the Denton Affordable Housing Corporation (DAHC) The program entails acquisition, rehabilitation and sale of single family housing units to low and moderate-income households The City has provided funding to the program since 1995 The City's current agreement with the DAHC was approved on October 17, 2000 This amendment will increase funding for the AHOP to include the additional $86,250 allocated in the 2001 Action Plan OPTIONS Adopt the ordinance approving the First Amendment to DAHC's existing contract · Deny approval of the First Amendment and direct staff to make revision or reallocate funding · Table item for further discussion RECOMMENDATION Staff recommends adoption of the ordinance approving the First Amendment ESTIMATED PROJECT SCHEDULE All HOME funds are expected to be spent by December 2003 Program proceeds will continue to be invested in units for the duration of the program See Attachment C, Schedule of Contract Activities (page nine) Page 1 of 26 PRIOR ACTION/REVIEW The Community Development Advisory Committee recommended funding the Affordable Housing Opportunity Program as part of the 2001 Action Plan FISCAL INFORMATION The City will provide $86,250 m HOME funding for AHOP HOME funds w~ll be used for project-related costs ATTACHMENTS · Ordinance, pages 3 - 4 · First Amendment, pages 5 - 9 · Exhibit A, Original Contract, pages 10 - 26 Prepared By B~rbara {~oss Community Development Admlmstrator Respectfully submitted L~nda Ratllff Director of Economic Development Page 2 of 26 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING THE FIRST AMENDMENT TO THAT AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT AND TO EXPEND FUNDS WITH RESPECT TO THE FIRST AMENDMENT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 17, 2000 the City Cotmcll entered ~nto an Agreement w~th the Denton Affordable Housing Corporation to prowde certain servmes for the prows~on of affordable housing under the NaUonal Affordable Housing Act of 1990, as amended by the Housing and Community Development Act of 1992, whmh Agreement was authorized by Ordinance No 2000-385, and WHEREAS, the Clty Council, by approwng the 2001 Commumty Development Action Plan, has authorized add~Uonal funding for ongoing activities of the Denton Affordable Housang Corporation and the scope of work for the Denton Affordable Housing CorporaUon has expanded, and WHEREAS, the C~ty Council deems ~t in the pubhc ~nterest to amend the Agreement w~th the Denton Affordable Housing Corporatmn to provide for such add~tmnal funding to be provided from funds made avmlable by the U S Department of Housmg and Urban Development under the National Affordable Housing Act and to prowde other changes as set forth m the F~rst Amendment to the Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Councd herby approves the F~rst Amendment to the Agreement between the C~ty of Denton and the Denton Affordable Housmg Corporation, executed October 17, 2000, substantmlly m the form of the attached Exh~bxt "A" whmh ~s incorporated hereto for all purposes, and further authorized the Cxty Manager to execute said F~rst Amendment to the Agreement SECTION 2 That the Clty Council authorized the expenditure of funds for operating costs and project funding for the Denton Affordable Housing CorporaUon, included ~n the First Amendment attached as Exhtb~t "A", whmh ~ncludes ad&tlonal fundtng m an amount of $86,250 SECTION 3 That thxs ordinance shall become effectxve ~mmedxately upon its passage and approval Page 3 of 26 PASSED AND APPROVED thls the day of 2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 4 of 26 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSINO CORPORATION Th~s First Amendment to that certmn Agreement between the City of Denton (hereinafter referred to as "Denton") and the Denton Affordable Housing Corporation (hereinafter referred to as "Contractor"), th~s Agreement hereinafter referred to as "Base Agreement", which ~s attached hereto as Exhibit 1 WHEREAS, by Or&nance No 2000-385, Denton authorized ~ts C~ty Manager to execute an Agreement w~th the Contractor to prowde acqms~tlon and renovation, and new constmchon to promote affordable housing ~n the C~ty of Denton in return for Denton provl&ng an mount not to exceed $192,167 for affordable housing projects described ~n the Work Statement, Attachment A, attached to the Base Agreement, and WHEREAS, the C~ty Council has approved ad&tlonal fan&ng for the Contractor ~n accordance with their approval of the 2001 Commumty Development Achon Plan, and adequate fun&ng has been obtmned form the U S Department of Housing and Urban Development NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obhgatxons and to the performance and accomphshment of the con&Uons hereinafter described 1 That Section 2 "Responslbd~txes" of the Base Agreement, subsecUon A ~s amended to read as follows A Contractor hereby accepts the responsibility for the performance of all servmes and acttwttes described m the amended Work Statement attached hereto as Attachment "A" and mcorporated hereto as ~f set forth at length, ~n accordance w~th the amended Program Budget attached hereto as Attachment "B" and the amended Schedule of Contract Actwmes attached hereto as Attachment "C" and incorporated herein as ff set forth at length, m as satisfactory and efficient manner as determined by C~ty ~n accordance w~th the terms hereto 2 That the Base Agreement ~s hereby amended by substituting amended Attachments "A", "B", and ~'C" wbach are attached hereto and ~ncorporated herem for all purposes for the original Attachments "A", "B", "C" of the Base Agreement Page 5 of 26 That save and except as amended hereby, the remmmng sectmns, subsections, sentences and clauses of the Base Agreement dated October 17, 2000 shall rematn m full force and effect IN WITNESS of which thxs F~rst Amendment has been executed on thts the day of ,2002, by the duly authorized offimals of the C~ty and the Contractor CITY OF DENTON MICHAEL A CONDUFF CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DENTON AFFORDABLE HOUSING CORPORATION BOARD PRESIDENT ATTEST Page 6 of 26 ATTACHMENT "A" WORK STATEMENT Denton Affordable Housing Corporation The Denton Affordable Housing Corporation ("DAHC") was developed to increase the supply of affordable housing in the Denton area The orgamzatlon is designed to carry out the following actlvitaes but is not lumted to these admuustratlon, rehabilitation, acquisition, new construction, and tenant-based rental assistance and public service programs Expenchture of City funds for housing projects is limited to projects wlttun the city limits of Denton DAHC's projects and programs w~ll primarily benefit low and moderate-income households Low and moderate ancome as defined as households below 80% of the area median income The Affordable Homeownershlp Opportunity Program provides for acqmslUon, renovation and sale of single-family units HOME funding m the amount of $164,550 will be used m the Program Proceeds from the sale of properties wdl be placed m the AHOP program fund to be used to continue the program No more than 10% of the HOME portaon of the project sales proceeds may be utilized for project delivery costs for the program The HOME portion of the proceeds is based on the percentage of HOME funds included m the project The Affordable Housing Construction Program provides funding to construct single-family umts Properties statable for smgle-faunly housing will be acqmred through purchase or donation Umts w~ll be constructed in such a way as to make them affordable to low and moderate-income households Umts will be sold to HOME-eligible households Not more than 10% of the total funding mount may be used to assist buyers w~th down payment and closing costs The Mockingbird Lane Project will eulrmnate in the development of a minimum of 15 smgle- family housing umts on property donated to and acqmred by the Denton Affordable Housing Corporation The project includes acqmsatlon of property adjacent to the donated site off Mockingbird Lane, project planmng, site development, construction and sale of the single-family units An unspeeffied amount of HOME program proceeds retmned by DAHC from previous projects may be used for the project The Mockingbird Lane project wdl be completed wthm four years from the date of this contract Page 7 of 26 ATTACHMENT "B" PROGRAM BUDGET Affordable Homeownerslup Opportumty Program $164,550 Affordable Housing Construction Program $113,867 Mockangblrd Lane ProJect - An unspecified amount of HOME proceeds may be used for this project Page 8 of 26 AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION Tlus Agreement between the City of Denton and the Denton Affordable Housmg Corporatton ("Agreement") as made and entered into by and between the Caty of Denton, a Texas mumelpal corporatton ("CITY"), acting by and through ars Caty Manager, pursuant to ordinance, and the Denton Affordable Housmg Corporation, Denton, Texas a certified non-profit commumty housing development corporation, ("CONTRACTOR") WHEREAS, CITY has received funds from the U S Department of Housing and Urban Development under the Nataonal Affordable Housing Act of 1990 as amended by the Housmg and Commumty Development Act of 1992, WHEREAS, CITY has adopted a budget for such funds and ancluded thereto an anthonzed Program Budget for expenditure of funds for provaslon of an affordable housing program by the Denton Affordable Housing Corpomtaon mcluded as Attachment "B", WHEREAS, CITY has designated the Commamty Development Office as the dlwsaon responsable for the admunstrat~on of ttus Agreement and all matters pertmnmg thereto, and WHEREAS, the City Manager has determmed that CONTRACTOR as the only state- certified commumty housing development orgamzataon (CHDO) that ancludes the requared number of low-income citizens from the CITY on ars board of &rectors to satasfy federal requarements necessary, to serve the CITY's geograplucal area, that the CONTRACTOR has provaded management services to the CITY to promote affordable housmg wathm the CITY which has slgmficanfly benefited the commumty, and CONTRACTOR has a demonstxated hastory of sagmficant service to the commumty m the area of affordable housing, and WI-IEREAS, CITY w~shes to engage CONTRACTOR to carry out such project, NOW, THEREFORE, the pames hereto agree, and by the executaon hereof are bound to the mutual obhgataons and to the performance and accomplishment of the condltaons hereinafter described. 1. TERM Tlus Agreement shall commence on or as of September l, 2000, and shall termmate on August 31, 2005, unless adjusted by the CITY Request for such an adjustment must be ~n writing and as to be submxtted to the Commumty Development Office Page 10 of 26 RESPONSIBILITIES A CONTRACTOR hereby accepts the responsibility for the performance of all services and aetlVlt~es, described m the Work Statement attached hereto as Attachment "A" and incorporated hereto as ff set forth at length, ~n accordance with the Program Budget attached hereto as Attachment "B" and the Schedule of Contract Act~wtles attached hereto as Attachment "C" and incorporated herem as ff set forth at length, and as otherwise set forth hereto, m a satisfactory and efficient manner as determined by CITY, m accordance uath the terms hereto B CONTRACTOR's executive director shall be CONTRACTOR's representative responsible for the management of all contractual matters pertmmng hereto, unless written notifica- tion to the contrary ~s received from CONTRACTOR, and approved by CITY C CONTRACTOR agrees that all md~wdual projects under the Affordable Housing Program dasenbed m Attachment "A" to be assisted with HOME funds will have approval from the CITY of Denton CONTRACTOR agrees that project dehvery costs prod vath HOME funds or HOME proceeds wtll not exceed more than 10% of the total project cost as determined by the CITY CONTRACTOR also agrees that prior to expenditure of HOME program proceeds on the Mockingbird Lane ProJect, also described m Attachment "A", CONTRACTOR will prowde CITY w~th a project pro forma md~catmg all sources and uses of funds for the project CONTRACTOR must also prowde CITY with documentation of s~te and right of way control D The CITY's Comman~ty Development Admunstrator will be CITY's represen- tative responsible for the adm~mstratlon of th~s Agreement E CONTRACTOR shall comply w~th HUD Office of Management and Budget c~rculars A-122 and A-110, Attachments B, F, H, paragraph 2 and Attachment O F CONTRACTOR shall be certified as a "Community Housing Development Organization" (CHDO) wath the State of Texas and the C~ty of Denton CONTRACTOR shall mmntaln CHDO Certification for the duration of the contract term G CONTRACTOR shall not request d~sbursement of funds until they are needed for payment of ehg~ble costs The amount of each request will be hm~ted to the amount needed as per 92 504 (c)(2)(vu) H CONTRACTOR shall not change the Program Budget w~thout prior written approval from the CITY I CONTRACTOR shall be responsible for performing a s~te-spec~fic enwronmental review prior to acqmsmon of properties to be used for affordable housing projects Page 11 of 26 J CONTRACTOR shall conduct a pubhc hearing at least once annually to rewew proposed and tn-progress act~wt~es and receive mtlzen input Heanng(s) will be advertised at least 15 days m advance Advertising, at a tmmmum, must Include pubhcat~on in a newspaper w~th local circulation The heanng may be combined with CONTRACTOR's annual membership meeting A summary of comments from the pubhe heanng will be submitted to the Community Development D~vls~on w~thtn 30 days of the date of the public heanng K CONTRACTOR shall provide t~mely notice to "neighborhood" residents prior to ~ncmas~ng the number of umts in the area by more than two s~ngle family or four multlfaunly umts, or prior to renovatmg more than five umts Notme will ~nclude contact ~nformat~on or ldentfficat~on of opportumt~es for residents to comment on the proposed development CITY staff w~ll determine "Neighborhood" botmdar~es 3. CITY'S & CONTRACTOR'S OBLIGATIONS A CITY, shall prowde funds ~n the amount of $192,167 or less ~n project funds to the CONTRACTOR for specffic housing projects and programs as described the Work Statement, Attachment "A" B CONTRACTOR agrees to hold and save harmless the CITY, ~ts officers and employees from any and all loss, cost, or damage of every k~nd [lnclu&ng, property damage, bodily injury or death], nature or descnpUon ansmg under fins Agreement C CITY shall be responsible for performing a general enwronmental rewew to ~nsure necessary comphances are met D CONTRACTOR shall be responsible for performing a project-specffic envlroumental revaew to ~nsure necessary comphances are met E Tins Agreement and the payments made hereunder are contingent upon receipt of U S Department of Housing and Urban Development funds pursuant to the HOME Investment Parmersh~p Program, and shall terminate ~mmedlately, not withstanding the provisions of Amcle XIX hereof, should such funds be &sconUnued for any reason F The CONTRACTOR may not request d~sbursement of funds until they are needed for payment of ehglble costs The amount of each request by the CONTRACTOR shall be hm~ted to the amount needed ~n accordance w~th 24 CFR 92 504 (c)(2)(w0 and shall involve the act~v~tles set forth tn the "Contract Act~wty Schedule" attached as Attachment C G Upon chssolutmn of the CONTRACTOR any remalmng funds or assets derived from the expenditure of the CITY's funds, hereinafter sometimes described as the CITY's HOME funds, proceeds or HOME-funded projects, must be ~mmedxately returned to the CITY Page 12 of 26 H CONTRACTOR shall perform all services, obhgatmns and activities as reqmred by the T}urd Amendment (FY99) To Agreement Between the City of Denton And The Denton Affordable Housing Corporation relating to the Toledo Court Project, including w~thout llmltatmn all services, obligations and actawtaes necessary to fully comply with the Memorandum of Understamhng Toledo Court Subdlvlsmn executed by CITY, CONTRACTOR and the Singing Oaks Neighborhood Association 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A The CITY and CONTRACTOR agree to perform their dutaes arising pursuant to the Agreement m compliance w~th the U S Department of Housing and Urban Development HOME Investment Partners}up Program regulattons at 24 CFR 92 B CONTRACTOR shall comply with the umform adnumstratlve reqmrements, as described in 24 CFR 92 505 m the HOME Investment Partners}up Program regulatmns, a copy of which is attached hereto C CONTRACTOR shall comply vath all prescribed procedures regarding nondlscnmmatton and equal opportumty, affirmative marketmg, displacement and relocation, labor relations, lead-based patnt and conflict of interest provisions described in 24 CFR 92 subpart H D CONTRACTOR agrees to ensure that all HOME-assmted housing or housing identified as match for the HOME program meets all affordabflity reqmrements identified m 24 CFR 92 252 or 92 254 CONTRACTOR further agrees to develop a deed of trust for use with all HOME-assisted units that incorporates these requirements, including remedies for breach of the agreement provisions CONTRACTOR wall provide the CITY with a copy of the deed of trust w~th provisions described above for approval before the sale of any HOME-assisted umts E CONTRACTOR agrees that as a certified Commumty Housing Development Corporation, they will comply vath 24 CFR 92 300 and 92 301 F CONTRACTOR agrees that as a certafied commumty housing development corporation (CHDO), they w~ll comply w~th 24 CFR 92 300 and 92 301 G If it is determined that the use of the funding provided by the CITY does not meet the reqmroments of the U S Department of Housing and Urban Development HOME Investment Partners}up Program, the CONTRACTOR shall reimburse the CITY for the costs determined to be disallowed under the U S Department of Housing and Urban Development HOME Investment Partners}up Program regulattons H CONTRACTOR shall comply w~th all applicable Federal laws and regulations at 24 CFR 92 subpart H Subpart H prescribes procedures for compliance in the following areas nondlscnnunatlon and equal opportumty, affirmative marketang, displacement and relocation, labor relations, lead-based paint and conflict of interest Page 13 of 26 I CONTRACTOR agrees that all housing assisted under tins agreement wtll meet the property standards reqmrements m 24 CFR 92 251 J CONTRACTOR agrees to comply w~th all apphcable Federal laws, laws of the State of Texas and ordinances of the C~ty of Denton 5. REPRESENTATIONS A The CITY ~s prowd~ng funding to the CONTRACTOR m order to promote developmant of affordable housing Use of fimds for programn~ng w~ll meet th~s stated goal B The CITY ~s the only agent authorized to designate changes to the Program Budget or to approve spectfic projects and programs authorized pursuant to the non-adm~mst~at~on po~on of the Program Budget C CONTRACTOR assures and guarantees that ~t possesses the legal authority, pursuant to any proper, appropriate and official motton, resolunon or action passed or taken, to enter ~nto ttus Agreement D The person or persons s~gnmg and executing th~s Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute thts Agreement on behalf of CONTRACTOR and to validly and legally b~nd CONTRACTOR to all terms, performances and prowstons here~n set forth E CITY shall have the right, at ~ts option, to e~ther temporarily suspend or permanently terminate ttus Agreement ff there is a chspute as to the legal authority of e~ther CONTRACTOR or the person stgmng the Agreement to enter ~nto th~s Agreement CONTRACTOR ~s hable to CITY for any money ~t has received f~om CITY for performance of the prowslons of tins Agreement ~f CITY has suspended or terminated thts Agreement for the reasons enumerated In thts Section F CONTRACTOR agrees that the funds and resources prowded CONTRACTOR under the terms of tl~s Agreement will m no way be substituted for funds and resources from other sources, nor ~n any way serve to reduce the resources, servmes, or other benefits whmh would have been avatlable to, or prowded through, CONTRACTOR had tlus Agreement not been executed 6. PROGRAM INCOME A HOME program income ts defined as all fees and ~nterest payments on HOME- assisted umts/projects and any ~nterest mcome on deposited HOME funds or program proceeds collected by the CONTRACTOR Program income may be rettuned by the CONTRACTOR to be used for HOME-ehg~ble act~wttes included ~n the Work Statement ~ncluded here~n as Attachment "B" Provided, however that any ~nterest on depostted HOME funds must be remitted to the CITY on a quarterly basis Page 14 of 26 B HOME program proceeds are defined as mcome from the sale of HOME-assisted housing Proceeds may be retamed by the CONTRACTOR for use on other HOME-eligible activities included m the Work Statement included here as Attachment "B" C Any income generated from the use of HOME funds, proceeds, or any income generatedlthrough subsequent use of these funds shall continue to be used by the CONTRACTOR for HOME-eligible ac'avlt~es mcluded m the Work Statement in the City of Denton Use of the funds on projects or programs other than those identified in this Agreement must be approved in writing by the CITY Any income retained and used by the CONTRACTOR must be avmlable to the CITY as a matching contribution for the HOME program Upon request, CONTRACTOR will approve appropriate ce~ficat~ons stating that funding is available as a HOME program match to the CITY 7 MAINTENANCE OF RECORDS A CONTRACTOR agrees to mmntmn records that will prowde accurate, current, separate, and complete disclosure of the status of the funds received pursuant to flus Agreement and pursuant to any other applicable Federal and/or State regulatmns estabhslung standards for fmanelal management CONTRACTOR's record system shall eontmn sufficient documentation to provide detailed support and jus'afiea'aon for each expenditure Nothing m this Section shall be construed to reheve CONTRACTOR of fiscal accountabthty and liability under any other provision of tins Agreement or any appheable law CONTRACTOR shall include the substance of this provision in all subcontracts B CONTRACTOR agrees to retmn all books, records, documents, reports, and written accounting pohcles and procedures pertaining to the operation of programs and expenditures of funds pursuant to tlus Agreement for the period of time and under the eon&taons specified by CITY C Notlung in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaunng accurate and current records, which clearly reflect the level and benefit of services, provided pursuant to this Agreement D At any reasonable tune and as often as CITY may deem necessary, the CONTRACTOR shall make avmlable to CITY, or any of its authorized representatives, all of its records and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, eondfaons or employment and all other data relating to the program requested by said representatives Page 15 of 26 E The CONTRACTOR shall give the C~ty of Denton, the U S Department of Housing and Urban Development, or any of their duly anthonzed representatives, access to and the right to examine all books, accounts, records, reports, files and other papers belonging to or in use by the CONTRACTOR pertmmng to tlus Agreement Such rights to access shall continue as long as the CONTRACTOR is reqmred to retmn the records 8. REPORTS AND INFORMATION A CONTRACTOR shall provtde quarterly finanmal and beneficmry reports that shall contmn such records, data and ;nformaUon as CITY may request and deem pertinent to matters covered by ttus Agreement CONTRACTOR shall prowde any additional reformation as requested by the CITY w~thm 10 days B An audat must be conducted m accordance w~th 24 CFR parts 44 and 45 as applicable CONTRACTOR shall submit a copy of stud audit to the Commumty Development Office vathm ten days of receipt of the completed report C CONTRACTOR shall submit cop~es of all pubhc meeting advemsements and residents notfficattons setting forth the t:me and place thereof, ;ncludlng w~thout hrmtat~on board of d~rector meetings, to the Commumty Development D~ws~on office at least 72 hours prior to the meeting m accordance w;th Section 16 ofth~s Agreement 9. INSURANCE A CONTRACTOR shall observe sound business practices w~th respect to prowchng such bonchng and insurance as would prowde adequate coverage for servmes offered under this Agreement B The premises on and m wluch the act~wt~es described ~n Extublt A are conducted, and the employees conductang these actxvlt~es, shall be covered by premise hablhty insurance, com- monly referred to as "Owner/Tenant" coverage w~th CITY named as an additional ~nsured Upon request of CONTRACTOR, CITY may, at its sole d~scret~on, approve alternate ~nsurance coverage arrangements C CONTRACTOR will comply w~th apphcable workers' compensation statutes and will obtmn employers' habthty coverage where avmlable and other appropriate hab~hty coverage for program patlac~pants, ff apphcable D CONTRACTOR will mamttun adequate and continuous habthty insurance on all velucles owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who are reqmred to drive a vebaele ~n the normal scope and course of their employment must possess a valid Texas driver's hcense and automobile hablhty ~nsumnce Ewdence of the employee's current Page 16 of 26 possession of a valid license and insurance must be mamtmned on a current basis in CONTRACTOR's files E Actual losses not covered by insurance as requared by tlus Section are not allowable costs under flus Agreement, and remain the sole responsibility of CONTRACTOR F The policy or policies of Insurance shall contatn a clause which reqmres that CITY and CONTRACTOR be not~fied m writing of any cancellation or change in the policy at least tbarty (30) days prior to such change or caneellataon 10 EQUAL OPPORTUNITY Dunng the performance of ttus Agreement, the CONTRACTOR is subject to Executive Order 11246, as amended, and, therefore, agrees to the follovang (1) The CONTRACTOR will not chsenmlnate against any employee or applicant for employment because of race, color, religion, sex, national origin, or fanuhal status The CONTRACTOR vail take affirmative action to ensure that apphcants who are employed are treated during employment vathont regard to their race, color, rehg~on, sex, national origin, or familial status, concermng such employment, upgrading, demotion, or transfer, recrmtment or recruitment advertising, layoff or termination, rates of pay or thew apprentlceslup The CONTRACTOR agrees to post ~n conspicuous places, avmlable to both employees and applicants for employment, notices to be provided by the CITY setting forth prowslons ofth~s nondiscrimination clause (2) The CONTRACTOR, in all sohc~tatlons or advertisements for employees placed by or on behalf of the CONTRACTOR, shall state that all qualified applicants vail receive consideration for employment vathout regard to race, color, rehglon, sex, national origin, or familial status 11. CONFLICT OF INTEREST A CONTRACTOR covenants that neither it nor any member of ~ts governing body presently has any interest, direct or mthrect, which would conflict m any manner or degree vath the performance of services required to be performed under flus Agreement CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its govermng body B CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use ttus pos~t~on for a purpose that ~s or gives the appearance of being motivated by desire for private gain for themselves, or others, particularly those vath wbach they have family, business, or other t~es Page 17 of 26 C No officer, member, or employee of CITY and no member of ~ts govemmg body who exercises any function or respons~bfllttes m the rewew or approval of the undertaking or carrying out of tins Agreement shall participate m any decision relating to the Agreement wbach affects lusI personal interest or the ~nterest m any corporation, partnersbap, or assocmtlon in which he has d~rect or ~ndlrect interest 12. POLITICAL OR SECTARIAN ACTMTY A None of the performance rendered hereunder shall involve any polmcal activity (mcludmg, but not hm~ted to, any act~wty to further the elect~on or defeat of any canchdate for pubhc office) or any aet~wty undertaken to influence the passage, defeat or final content of legislation B None of the performance rendered hereunder shall ~nvolve or benefit ~n any, manner any sectarian or rehg~ous aematy 13. WARRANTIES CONTRACTOR represents and warrants that A All mformataon, reports and data heretofore or hereafter requested by CITY and furmshed to CITY, are complete and accurate as of the date shown on the mformat~on, data, or report, and, since that date, have not undergone any s~gmficant change without written notice to CITY B Any supporting financial statements heretofore requested by CITY and furmshed to CITY, are complete, accurate and fmfly reflect the financial condmon of CONTRACTOR on the date shown on smd report, and the results of the operation for the period covered by the report, and that since, smd date, there has been no material change, adverse or otherwise, ~n the financial eondmon of CONTRACTOR C No hlagatlon or legal proceedings are presently pendang or threatened against CONTRACTOR D, None of the prows~ons hereto contravenes or ~s m confl~et w~th the authority under which CONTRACTOR ~s doing business or w~th the provisions of any ex~st~ng ~ndenmre or agreement of CONTRACTOR E CONTRACTOR has the power to enter ~nto th~s Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions ofttus Agreement Page 18 of 26 F None of the assets of CONTRACTOR ~s subject to any hen or encumbrance of any character, except for current taxes not dehnquant, except as shown xn the f'manc~al statements furmshed by CONTRACTOR to CITY G Each of these representattons and warranttes shall be contmmng and shall be deemed to have been repeated by the subrmss~on of each request for payment 14 COVENANTS A During the period of ttme that payment may be made hereunder and so long as any payments remmn unhqmdated, CONTRACTOR shall not, w~thout the prior written consent of the Commumty Development Adm~mstrator or her authorized representative (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acqmred by ~t, or penmt any pre-cresting mortgages, hens, or other encumbrances to remmn on, or attached to, any assets of CONTRACTOR winch are allocated to the performance of ttus Agreement and with respect to wbach CITY has ownership hereunder (2) Sell, assign, pledge, transfer or othervase d~spose of accounts receivables, notes or clatms for money due or to become due (3) Sell, convey, or lease all or substantial part of ~ts assets (4) Make any advance or loan to, or ~ncur any hablhty for any other firm, person, entity or corporataon as guarantor, surety, or accommodation endorser (5) Sell, donate, loan or transfer any eqmpment or ~tem of personal property purchased w~th funds prod to CONTRACTOR by CITY, unless CITY authorizes such transfer B CONTRACTOR agrees, upon written request by CITY, to reqmre its employees to attend trmmng sessmns sponsored by the Commumty Development Office 15. MONITORING AND EVALUATION A CITY shall perform on-site momtonng of CONTRACTOR's performance under this Agreement B CONTRACTOR agrees that CITY may carry out momtonng and evaluation act~wt~es to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Oblect~ves, which are attached hereto as Attachment A, as well as other provisions of this Agreement Page 19 of 26 C CONTRACTOR agrees to cooperate fully w~th CITY in the development, lmplemerdatton and mmntenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its momtonng and evaluation responsibflmes D CONTRACTOR agrees to cooperate m such a way so as not to obstruct or delay CITY m such momtonng and to designate one of its staff members to coorchnate the momtonng process as requested by CITY staff E CITY shall provide a written evaluatton of contract performance to the CONTRACTOR w~thm 30 days of the momtonng F Wlttun 60 days of notfficatlon by the CITY, the CONTRACTOR shall provide complete responses include a statement acknowledging any corrective action required to be taken due to City of Denton momtonng findings and concerns G CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funchng or regulatory bodies to CITY w~ttun five (5) worlang days of receipt by CONTRACTOR 16. DIRECTORS' MEETINGS A CONTRACTOR shall ensure that all board of directors and membersbap meetings are publicly advertised and an agenda posted with the City Secretary and the Commumty Development Dlxasion at least 72 hours prior to the meeting Such notice shall malude an agenda and a brief description of the matters to be chseussed B CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings C Minutes of all meettngs of CONTRACTOR's governing body shall be available to CITY wlttun ten (10) worl~ng days of approval 17. NEPOTISM CONTRACTOR shall not employ m any prod capacity any person who is a member of the immediate farmly of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's govermng board The term "member of immediate farmly" includes wife, husband, ,son, daughter, mother, father, brother, sister, m-laws, aunt, uncle, nephew, mece, step-parent, step-chid, half-brother and half-sister Page 20 of 26 18. SUSPENSION OF FUNDING A Upon determanataon by CITY of CONTRACTOR's failure to tamely and properly perform each of the reqmrements, tune condataons and dutaes provaded hereto, CITY, w~thout hmltang any rights it may otherwtse have, may, at ars daseretaon, and upon ten (10) working days written nOtiCe to CONTRACTOR, w~thhold further payments to CONTRACTOR Such notice may be given by marl to the Executive Officer and the Board of Darectors of CONTRACTOR The notate shall set forth the default or faalure alleged, and the action reqmred for cure B The period of such suspension shall be of such duration as is appropriate to aeeomphsh correctave action, but an no event shall it exceed thirty (30) calendar days At the end of the suspension period, ff CITY determines the default or deficaency has been sattsfied, CONTRACTOR may be restored to full compliance status and prod all ehgable funds v~thheld or mapounded during the suspension period If, however, CITY determines that CONTRACTOR has not come into eomphance, flus Agreement may be terminated under Section 19 of thas Agreement 19. TERMINATION A The CITY shall have the right to terminate rials Agreement, in whole or m part, at any tame whenever the CITY determines that the CONTRACTOR has failed to comply w~th any term of thas Agreement The CITY shall notify the CONTRACTOR an writing flurty (30) days prior to the date of termanatlon, the effective date of such termination, and in the case of partaal termination, the pomon of the Agreement to be termanated Property shall be subject to dasposltaon B The CITY shall have the right to termanate flus Agreement for convemence, ~n whole or m part by written not~ficataon to the CONTRACTOR whach shall include the reason for such termana'aon, the effective date and the pomon to be terminated C The CONTRACTOR shall have the right to terminate flus Agreement for convemenee, m whole or an part, by written not~ficataon to the CITY, whach shall ~nclude the reason for such terrmna'aon, the effective date and the portion to be terminated D If, an the ease of a paraal termlnataon, at is the determmat~on of CITY that the remalmng portaon of the award is not sufficient to accomplish the project as described ~n the Work Statement, CITY may reqmre that the entire grant be termanated 20. INDEMNIFICATION A. It Is expressly understood and agreed by both part, es hereto that CITY is contracting with CONTRACTOR as an independent CONTRACTOR and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all habflity of any nature or land, includmg costs and expenses for, or on account of, any claims, audit exceptions, demands, stats or damages of any character whatsoever resultmg an Page 21 of 26 claims, audit exceptions, demands, suits or damages of any character whatsoever resulting In whole or m part from the performance or omission of any employee, agent or representaUve of CONTRACTOR B CONTRACTOR agrees to provide the defense for, and to mdemmfy and hold harmless CITY Its agents, employees, or contractors from any and all clmms, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability amslng out of the use of these contracted funds and program administration and implementation except to the extent caused by the wdlful act or omission of CITY, Its agents, employees, or contractors 21 NOTICE For purposes of this Agreement, all official communications and notices among the parties shall be deemed made as of the date totaled if sent postage prod to the part~es and address set for below TO CITY TO CONTR ACTOR City Manager Director City of Denton Denton Affordable Housing Corporation 215 E McKumey St 303 N Carroll Blvd Suite 108 Denton, Texas 76201 Denton, Texas 76201 22 VENUE Tfus Agreement shall be interpreted in accordance w~th the laws of the State of Texas and venue of any htlgatlon concerning tlus Agreement shall be ~n a court of competent jurisdiction s~ttmg ~n Denton County, Texas 23 CONSOLIDATION AGREEMENT Th~s Agreement consohdates and replaces all prewous Agreements between CITY and CONTRACTOR and all Amendments to those Agreements except where otherwise expressed herein Prowded, however, that CONTRACTOR shall be required to malntmn all affordabthty reqmrements on all HOME funded projects, shall fully perform all continuing obhgat~ons reqmred under these previous Agreements and applicable state, federal and local laws and shall continue to use all HOME proceeds from any CITY-funded projects s~nce CONTRACTOR's ~ncept~on for HOME-eligible activities as described in th~s Agreement and as may be reqmred by law /~-'day ~) INi ~WITNESS OF WHICH th~s Agreement has been executed on th~s the of ~ ,2000 Page 22 of 26 CITY OF DENTON ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / ~ DENTON AFFORDABLE HOUSING CORPORATION ,]~OARD PRESIDENT ATTEST SECRETARY~ Page 23 of 26 ATTACHMENT "A" WORK STATEMENT Denton Affordable Housing Corporation The Denton Affordable Housing Corporation ("DAHC") was developed to increase the supply of affordable housing in the Denton area The orgamzatlon is designed to carry out the followang actiwtles but is not limited to these admlmstrat~on, rehabilitation, acqmsltlon, new construction, tenant-based rental assistance and public service programs Expenditure of City funds for housing projects is limited to projects wathm the city hnuts of Denton DAHC's projects and programs wall primarily benefit low and moderate-income households Low and moderate mcome is defined as households below 80% of the area median income The Affordable Homeownershlp Opportunity Program provides for acqmsmon, renovation and sale of single-family umts HOME funding in the amount of $78,300 wall be used in the Program Proceeds from the sale of properties wall be placed in the AHOP program fund to be used to continue the program No more than 10% of the HOME portaon of the project sales proceeds may be utilized for project delivery costs for the program The HOME pomon of the proceeds is based on the percentage of HOME funds included in the project The Affordable Itousmg Construction Program provides funding to construct single-family units Properties statable for single-family housing will be acqmred through purchase or donation Umts wall be constructed in such a way as to make them affordable to low and moderate-income households Umts wall be sold to HOME-eligible households Not more than 10% of the total funding amount may be used to assist buyers with down payment and closing costs The Moeklngblrd Lane ProJect wall culminate in the development of a mlmmum of 15 single- family housing umts on property donated to and acqutred by the Denton Affordable Housing Corporation The project includes acqmsltlon of property adjacent to the donated site off Moclongblrd Lane, project planning, site development, construction and sale of the single-family un~ts An unspecified amount of HOME program proceeds retmned by DAHC from previous projects may be used for the project The Mockingbird Lane project will be completed within four years from the date of tbas contract Page 24 of 26 ATTACHMENT "B" PROGRAM BUDGET Affordable Homeownersbap Opportumty Program $78,300 Affordable Housing Construction Program $113,867 Mockangb~rd Lane Project - An unspecified amount of HOME proceeds may be used for this project Page 25 of 26 AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2002 DEPARTMENT. Economic Development CM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Consider adoption of an ordinance of the C~ty of Denton, Texas, anthorlzlng the Mayor to execute an Interlocal CooperaUon Agreement between the City of Denton, Texas and Denton County, Texas for use of CDBG funds to make ~mprovements at County Dental Chmc Facility, anthonzmg the expenditure of funds therefor, and prowdmg an effectave date BACKGROUND The "TWU CARES Dental Chine Rehabilitation" was included m the 1997 Action Plan for Housing and Commumty Development C~ty Council adopted the 1997 Action Plan on June 3, 1997 At that t~me, TWU CARES was prowdmg dental care services for low-~ncome £amfl~es ~n a bufldmg owned by the Denton Housing AuthonW After approval of the 1997 Action Plan, Denton County took over prows~on o£ dental care for red,gent families CDBO funds allocated for renovaUon of the chine were set aside m antae~pat~on of a space m the new DHA admlmstrat~on facility The Denton County Dental Chine has now moved into the new Denton Housing Authority admm~stratmn bufldmg CDBG funds will be used to purchase and install treatment and accessory consoles necessary to pmwde dental services The Legal Departments of the C~ty of Denton and Denton County have developed the attached agreement OPTIONS Adopt the ordinance approving an lnterloeal agreement w~th the County for dental chmc ~mprovements Direct staff to incorporate rev~smns to the mterlocal agreement Table ~tem for further d~seussmn · Deny adoption of ordinance approwng the ~nterlocal agreement RECOMMENDATION Staff recommends adoption of the ordinance ESTIMATED PROJECT SCHEDULE Eqmpment ~s scheduled to be dehvered and installed m February 2002 PRIOR ACTION/REVIEW As stated above, improvements to the dental chine facility were approved ~n the 1997 AcUon Plan Page 1 of 30 FISCAL INFORMATION The project prowdes $30,000 in funding to Denton County for chmc tmprovemcnts C~ty personn¢l costs assocmted with the project are prod through CDBG administration funds ATTACHMENTS Ordinance, pages 3 - 4 Interlocal Agreement, pages 5 - 30 Prepared By Barbara Ross Commumty Development Admlmstrator D~rector of Economic Development Page 2 of 30 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTER. LOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR USE OF CDBG FUNDS TO MAKE IMPROVEMENTS AT COUNTY DENTAL CLINIC FACILITY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton has received certain funds from the U S Department of Housing and Urban Development under T~tle I of the Housing and Community Development Act of 1974, as amended, and WHEREAS, the City has adopted a budget for such funds and ~ncluded thereto an authorized budget for expan&tures of funds for eqmpment to be installed in the County Dental Clinic at 1213 Wilson Street, and WHEREAS, the City determines that such project will serve a pubhc purpose in provl&ng needed dental care for low and moderate income families, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Mayor, or in her absence the Mayor Pro Tern, ~s hereby authorized to execute, on behalf of the City, an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for installation of ~mprovements at the county dental chmc located at 1213 Wilson, Denton, Texas, substantmlly in accordance w~th the Inteflocal Cooperation Agreement whmh ~s attached hereto and incorporated by reference here~n SECTION 2 The expenditure of funds as set forth m the Interlocal Cooperation Agreement is hereby authorized SECTION 3 This ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED this the . day of ,2001 EULINE BROCK, MAYOR Page 3 of 30 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 4 of 30 STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY This Agreement is made and entered into by and between the City of Denton, Texas, a municipal corporation located m Denton County, acting by and through its City Manager, pursuant to ordinance, herelna~er referred to as CITY, and Denton County, a political subdivision of the State of Texas, hereinafter referred to as CONTRACTOR WHEREAS, CITY has received certain funds from the U S Department of Housing and Urban Development under Title I &the Housing and Community Development Act of 1974, as amended, and WHEREAS, CITY has adopted a budget for such funds and ~ncluded therein an authorized budget for expenditure of funds for equipment to be installed in the dental clinic facility at 1213 Wilson Street, and WHEREAS, CITY has designated the Community Development Division of the Planning and Development Department as the division responsible for the administration of this Agreement and all matters pertmmng thereto, and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project, and WHEREAS, CONTRACTOR is a duly organized political subdivision of the State of Texas engaged in the administration of county government, including the operation of dental and medical facilities for the benefit of the citizens of Denton County, and WHEREAS, CITY is a municipality engaged in the provision of municipal services within its jurisdiction, including the administration of federal funds received by It under Title I of the Housing and Community Development Act of 1974, as amended, and WHEREAS, this Agreement involves governmental functions that each party individually can perform, and WHEREAS, the provision of these medical services is a governmental function that serves the public health and welfare, and is of mutual concern to the contracting parties, and WHEREAS, CITY w~ll make payments from current revenues and CONTRACTOR agrees that these payments by CITY fairly compensate it for the services performed, and Page 5 of 30 WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of V T C A Gov't Code ch 791, the Inteflocal Cooperation Act, and all other apphcable statutes and laws pursuant thereto, NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obhgat~ons and to the performance and accomplishment of the conditions hereinafter described 1. TERM Th~s agreement shall commence on or as of October 1, 2001, and shall terminate on September 30, 2003 unless adjusted by CITY Request for such an adjustment must be m writing and is to be submitted to CITY's Community Development Division, 100 West Oak, State 208, Denton, Texas, 76201 2. RESPONSIBILITIES CONTRACTOR hereby accepts responslblhty for ensunng the proper installation of all equipment and any ancillary construction reqmred to complete ~nstallatlon and to carry out all activities described in the Description of Improvements attached hereto as Attachment "A", ~n a satisfactory and efficient manner as determined by CITY, ~n accordance with the terms here~n CONTRACTOR hereby accepts responsibility for assunng the complete performance of all semces and activities m the facthty located at 1213 Wdson Street currently owned by the Denton Housing Authority, hereinafter referred to as the FACILITY OWNER and any future facllmes used by the CONTRACTOR to carry out services The CONTRACTOR hereby guarantees performance of all condmons set forth m Attachment "B", described in the Service Prowslon Statement attached hereto as Attachment "B", in a sattsfactory and efficient manner as determined by CITY, in accordance w~th the terms hereto CITY understands that CONTRACTOR intends to obtain an appropriate lease or agreements w~th FACILITY OWNER to ensure performance of the terms and conditions of tbas Agreement CITY will consider CONTRACTOR's D~rector of the Denton County Health Department to be the CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notfficat~on to the contrary ~s received from CONTRACTOR, and, approved by CITY CITY's Community Development Adm~mstrator w~ll be the CITY's representative responsible for the adm~mstratlon of this Agreement Page 6 of 30 3 CITY'S OBLIGATION A Limit of Liability CITY will pay the equipment supplier in behalf of the CONTRACTOR and FACILITY OWNER the expenses incurred pursuant and In accordance w~th the description of improvements attached hereto as Attachment "A' and Incorporated herein by reference Notwithstanchng any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $30,000 B Measure of LIablhty In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall reimburse the CONTRACTOR for payments made to the supplier after work has been completed and approved by both the CITY and CONTRACTOR accordance with an accepted schedule for performance payments, subject to the hmltations and provisions set forth m this Section and Section 7 of this Agreement (1) The parties expressly understand and agree that CITY's obligations under tins Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's hablhtles under this Agreement If adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in wrltlllg within a reasonable time after such fact has been determined CITY may, at its option, either reduce the amount of its habfllty, as specified in Subsection A of this Section or terminate the Agreement If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments under this Agreement (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton (3) CITY shall not be liable for any cost or portion thereof which (a) has been paid, reimbursed or is sublect to payment or reimbursement, from any other source, (b) was incurred prior to the beginning date, or after the ending date specified in Section 1, (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto, (d) is not an allowable cost as defined by Section 11 of thru Agreement or the project budget Page 7 of 30 (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any actlvay of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed (5) CITY shall not be obligated or liable under this Agreement to any party other than the CONTRACTOR for payment of any monies or provision of any goods or services C CITY shall provide funds m an amount not to exceed $30,000 to assist CONTRACTOR in the purchase and installation of equipment for use in the facility located at 1213 Wilson Street, Denton, Texas D To the extent allowed by law, CONTRACTOR agrees to hold and save harmless CITY from any and all loss, cost, or damage of every kind, nature or description arising under this Agreement or from any source whatsoever E CITY shall comply with the HUD Office of Management and Budget Clmular A-87 CITY shall be responsible for performing the enwronmental review and monltonng the project for compliance w~th federal wage and labor requirements 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U S Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance w~th an approved Grant Apphcatlon and specific assurances Accordingly, CONTRACTOR assures and certafies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P L 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570 The fomgmng is m no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standarda wtuch CONTRACTOR must follow CONTRACTOR further accrues and cemfies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Sectaon 24 of this Agreement CONTRACTOR agrees to abide by the conditions of and comply w~th the requirements of the Office of Management and Budget Circulars Nos A-87 and A-128 and the sections of 24 CFR part 85 as listed in 24 CFR 570 502 (a) Page 8 of 30 B CONTRACTOR shall comply w~th all apphcable federal laws, laws of the State of Texas and ordinances of the C~ty of Denton, and m particular prows~ons of attachments C-F whtch are attached hereto and ~ncorporated herein for all purposes 5. REPRESENTATIONS A CONTRACTOR assures and guarantees that ~t possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into th~s Agreement B The person or persons slgmng and executing this Agreement on behalf of CONTR~kCTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute fins Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and prowslons here~n set forth C CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement ~f there ~s a dispute as to the legal authority of either CONTRACTOR or the person slgmng the Agreement to enter into thxs Agreement CONTRACTOR ~s liable to CITY for any money ~t has received from CITY for performance of the provisions of th~s Agreement ff CITY has suspended or terminated th~s Agreement for the reasons enumerated ~n fins Sect D CONTRACTOR agrees that the funds and resources prowded CONTRACTOR under the terms of this Agreement will m no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, servmes, or other benefits which would have been avmlable to, or provided through, CONTRACTOR had this Agreement not been executed E CONTRACTOR warrants that ~ts agreements w~th the FACILITY OWNER w~ll prowde for CITY access to the stte for ~nspect~on purposes CONTRACTOR further warrants that agreements wtth the FACILITY OWNER state FACILITY OWNER's acceptance of all ~mprovements planned at 1213 Wilson Street dental chmc fac~hty F CONTRACTOR shall continue to utthze the famhty at 1213 Wdson Street, Denton, Texas for a m~mmum of five years after improvements are completed and th~s agreement expires, to prowde dental hygiene and other dental services for low income households G CITY is the only agent authorized to designate changes to the work to be performed Any additional or changes to the work anthonzed by CITY can only be done ~n writing w~th the Page 9 of 30 s~gnamre of CITY's City Manager, Mayor, or Commumty Development Admlmstrator, plus those of CONTRACTOR and ~ts representatives 6. WARRANTIES CONTRACTOR represents and warrants that A All mformat~on, reports and data heretofore or hereafter requested by CITY and furmshed to CITY, are complete and accurate as of the date shown on the ~nformat~on, data, or report, and, s~nce that date, have not undergone any slgmficant change without written not,ce to CITY B Any supporting financml statements heretofore requested by CITY and furmshed to CITY, are complete, accurate and fairly reflect the financml condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, ~n the financial condition of CONTRACTOR C No ht~gatlon or legal proceedings are presently pending or threatened against CONTRACTOR D None of the provisions here~n contravenes or ~s ~n conflict w~th the authority under which CONTRACTOR ~s doing business or w~th the prows~ons of any ex~stmg Indenture or agreement of CONTRACTOR CONTRACTOR has the power to enter ~nto th~s Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of th~s Agreement F None of the assets of CONTRACTOR ~s subject to any lien or encumbrance of any character, except for current taxes not dehnquent, except as shown ~n the financml statements furmshed by CONTRACTOR to CITY Each of these representations and warrant~es shall be cont~nmng and shall be deemed to have been repeated by the approval of each request for payment from the general construction contractor 7. COVENANTS A Dunng the period of t~me that payment may be made hereunder and so long as any payments remmn unl~qmdated, CONTRACTOR shall not, w~thout the prior written consent of the Commumty Development Admlmstrator or her authorized representative Page 10 of 3o (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and w~th respect to which CITY has ownership hereunder (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or cl0ams for money due or to become due (3) Sell, convey, or lease all or substantial part of its assets (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds prod to CONTRACTOR by CITY, unless CITY authorizes such transfer B Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants (1) That CONTRACTOR shall execute appropriate agreements with FACILITY OWNER to ensure that the property or alternate location of the dental chmc on the property, shall be used to meet one of the national objectives stated in 24 CFR 570 until September 30, 2008 (2) That should FACILITY OWNER transfer or otherwise dispose of said property on or before September 30, 2008, CONTRACTOR shall reimburse CITY m the amount of the fmr market value of this property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property C CONTRACTOR agrees, upon written request by CITY, to require 1ts employees to attend training sessions sponsored by the Community Development Division 8. PROGRAM INCOME A For purposes of this Agreement, program income means earnings of CONTRACTOR realized from activities resulting from this Agreement or from CONTRACTOR's management of funding provided or received hereunder Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services rendered by CONTRACTOR under this Agreement Page 11 of 30 B CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as reqmred for other contract funds, and reported to CITY m the format prescribed by CITY CITY and CONTRACTOR agree, based upon advice received from representatives of the U S Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for service promslon C CONTRACTOR shall include this Section in its entirety in all of its sub-contracts that involve other income-producing services or activities D It is CONTRACTOR's responsibility to obtain from CITY a prior determination as to whether or not income arising dtrectly or Indirectly from this Agreement, or the performance thereof, constitutes program income CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved m writing by CITY 9. MAINTENANCE OF RECORDS A CONTRACTOR agrees to ma~ntmn records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement and with any other apphcable Federal and State ragulaUons establishing standards for financial management CONTRACTOR's record system shall contmn suffiment documentation to provide in detml full support and justffication for each expenditure Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and hablhty under any other provision of this Agreement or any apphcable law CONTRACTOR shall include the substance of this provision m all subcontracts B CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertmmng to the operation of programs and expenditures of funds under this Agreement for the period of t~me and under the condlttons specified by CITY C Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsththty for retmmng accurate and current records which clearly reflect the level and benefit of services provided under this A~reement D At any reasonable t~me and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY, or any of ~ts authorized representatives, all of ~ts records and shall permit CITY, or any of its authorized representatives to and~t, examine, make excerpts and copies of such records, and to conduct aulhts of all contracts, invoices, materials, payrolls, records of personnel, con&t~ons or employment and all other data relaIang to the program requested by smd representatives Page 12of30 10. REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once every three months The beneficiary report shall detail client information, including race, income, female head of household and other stattstics required by CITY The financial report shall include information and data relauve to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an andlt conducted by independent examiners within ten days after receipt of such 11. MONITORING AND EVALUATION A CITY shall perform on-site momtonng of CONTRACTOR's performance under this Agreement B CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Service Provision Statement attached hereto as Attachment "B", as well as other provisions of this Agreement C CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities D CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such momtormg and to designate one of its staff to coordinate the monitoring process as requested by CITY staff E After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings F CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within 15 working days of receipt by CONTRACTOR Page 13 of 30 12. DIRECTORS' MEETINGS During the terms of this Agreement, CONTRACTOR shall cause to be dehvered to CITY cop~es of all notaces of meetangs of ~ts Health Servmes Adwsory Board and notaces of any County Commissioner's meetings that include an ~tem or ~tems concerning dental chmc act~wtaes These notaces will Set forth the tame and place thereof Such notace shall be dehvered to CITY m a tamely manner to g~ve adequate notace, and shall include an agenda and a brief description of the matters to be discussed CONTRACTOR understands and agrees that CITY representataves shall be afforded access to all of the Advisory Board meetangs Minutes of all meetings of CONTRACTOR's dental chntc or Health Servmes Admsory Board shall be available to CITY w~th~n ten workmg days of approval 13. INSURANCE A CONTRACTOR shall observe sound bus~ness practaces with respect to providing such bonding and insurance as would prowde adequate coverage for se~vmes offered under th~s Agreement B The premtses on and m which the actawtaes described ~n Attachments "A" and "B" are conducted, and the employees condumng these actavmes, shall be covered by premise habfl~ty insurance, commonly referred to as "Owner/Tenant" coverage w~th CITY named as an add~taonal insured Upon request of CONTRACTOR, CITY may, at ~ts sole d~scretlon, approve alternate ~nsurance coverage arrangements C CONTRACTOR will comply w~th statutes and will obtain apphcable workers' compensataon employers' habflaty coverage where available and other appropriate habfl~ty coverage for program pamclpants, tf appheable D CONTRACTOR will mmntaln adequate and continuous habfllty ~nsurance or self insurance on all vehicles owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who are reqmred to drive a vehmle m the normal scope and course of their employment must possess a vahd Texas driver's hconse and automobile liability insurance Evidence of the employee's current possession of a vahd hcense and msurance must be mmnta~ned on a current basis ~n CONTRACTOR's files E Actual losses not covered by insurance as reqmred by th~s Sectaon are not allowable costs under th~s Agreement, and remain the sole responsibility of CONTRACTOR Page 14 of 30 F The policy or policies of insurance shall contain a clause, which requires that City and Contractor be notified m writing of any cancellation of change m the policy at least 30 days prior to such change or cancellation 14. EQUAL OPPORTUNITY A CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal prov~sions, w~thm 30 days of the effective date of th~s Agreement B CONTRACTOR shall comply with all applicable equal employment oppormmty and affirmative actaon laws or regulauons C CONTRACTOR will furnish all lnfonuation and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertmn compliance with local, state and Federal rules and regulations D In the event of CONTRACTOR's non-comphance with the non-d~scnm~nation requirements, CITY may cancel or terminate the Agreement in whole or ~n part, and CONTRACTOR may be barred from further contracts with CITY 15. PERSONNEL POLICIES Personnel pohcles shall be established by CONTRACTOR and shall be available for examination Such personnel pohc~es shall A Be no more hberal than CITY's personnel policies, procedures, and practices, ~ncludmg policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel, and B Be m writing and shall be available for review by CITY 16. CONFLICT OF INTEREST A CONTRACTOR covenants that neither ~t nor any member of its governing body presently has any interest, direct or redirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of tts governing body B CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest ~n or use his posmon for a purpose that is or Page 15of30 gives the appearance of being mouvated by desire for private gmn for himself, or others, particularly those with which he has famdy, business, or other ties C No officer, member, or employee of CITY and no member of its governing body who exercises any function or responslbihnes in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporataon, partnership, or association in which he has direct or indirect interest, or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof 17. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Denton County Health Department, nor is a member of CONTRACTOR's governing board or the Health Services Advisory Board The term "member of immediate family" includes wife, husband, son, daughter, mother, father, brother, sister, m-laws, aunt, uncle, nephew, niece, stepparent, stepchild, half-brother and half-sister 18. POLITICAL OR SECTARIAN ACTMTY A None of the performance rendered hereunder shall involve, and no pomon of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation B None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity 19. PUBLICITY Where such action is appropriate, CONTRACTOR shall publicize the acUvities conducted by CONTRACTOR, under this Agreement In any news release, sign, brochure, or other advertJsmg medium, disseminating information prepared or distributed by or for CONTRACTOR, the advertising medium shall state that the U S Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton has made the project possible Page 16of30 20. FUNI)ING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR ~s preparing or submitt~ng any application for funding in accordance with the following procedures A Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder Such notice shall be submitted to CITY, in writing, within ten working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and Agreement B CONTRACTOR shall not use funds provided hereunder, whether directly or indirectly, as a contributaon, or to prepare apphcaUons to obtain any federal or private funds under any federal or private program without the prior written consent of CITY 21. CHANGES AND AMENDMENTS A Any alteratmns, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both part, es, except when the terms of this Agreement expressly provide that another method shall be used B CONTRACTOR shall request, in writing, budget revisions in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement C CONTRACTOR will submit revised budget and program information, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of this agreement D It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation E CONTRACTOR shall notify CITY of any changes in personnel of the dental clinic and of the Denton County Health Department Page 17 of 30 F It ~s expressly understood that neither the performance of Attachment "B" for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted 22 SUSPENSION OF FUNDING Upon determination by CITY of CONTKACTOR's fmlure to t~mely and properly perform each of the reqmrements, t~me conditions and duties prowded here~n, CITY, w~thout hmmng any rights ~t may otherv~se have, may, at ~ts d~scretlon, and upon ten working days written not,ce to CONTRACTOR, w~thhold further payments to CONTRACTOR Such not~ce may be g~ven by mad to the Executive Officer and the County Commissioners of CONTRACTOR. The not,ce shall set forth the default or failure alleged, and the actaon reqmred for cure The period of such suspension shall be of such duration as ~s appropriate to accomphsh corrective action, but m no event shall ~t exceed 30 calendar days At the end of the suspension per~od, ff CITY determines the default or defictency has been satisfied, CONTRACTOR. may be restored to full comphance status and prod all ehg~ble funds withheld or ~mpounded dunng the suspension period If however, CITY determines that CONTRACTOR. has not come into comphance, the provisions of Section 23 may be effectuated 23. TERMINATION A CITY may terminate th~s Agreement for cause under any of the following reasons (1) CONTRACTOR's failure to attain comphance dunng any prescribed period of suspension as provided m Section 22 (2) CONTRACTOR`'s wolat~on of covenants, agreements or guarantees of th~s Agreement (3) Termmatten or reduction of funding by the Umted States Department of Housing and Urban Development (4) Finding by CITY that CONTRACTOR (a) ~s m such unsatisfactory financml condmon as to endanger performance under th~s Agreement, (b) has allocated inventory to th~s program which substantially exceeds the reasonable reqmrements of the program (c) ~s dehnquent m payment of performance of th~s Agreement ~n the ordmnary course of busmess Page 18 of 30 (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of or hqmdatlon proceedings by or against CONTRACTOR (6) CONTRACTOR's mabthty to conform to changes required by Federal, State and local laws or regulations as provided in Section 4, and Section 11(D), of this Agreement (7) The commission of an act of bankruptcy (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Agreement CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination Simultaneous notice of pending termination maybe made to other funding source specified B CITY may terminate this Agreement for convenience at any time, by giving written notice to CONTRACTOR If this Agreement is terminated by CITY for convenience, CONTRACTOR will be paid an mount not to exceed the total of accrued expenditures as of the effective date of termination In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made C CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance, hereunder CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasmned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in questmn D Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Agreement CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obhgat~ons whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph E Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such t~me as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined Page 19of30 24. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), finn corporation or other entity against CONTRACTOR regarding or related to the subject matter of this Agreement, CONTRACTOR shall give written notice thereof to CITY within five working days after being notified of such clmm, demand, suit or other action Such notice shall state the date and hour of notification of any such claim, demand, suit or other action, the names and addresses of the person(s), finn, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding, the beslS of such claim, action or proceeding, and the name of any person(s) against whom such claim is being made or threatened Such written notice shall be delivered either personally or by mail 25. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent contractor and that as such, to the extent allowed by law CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all habdlty of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptmns, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of CONTRACTOR. B. To the extent allowed by law, CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, smt~, ~auses of ac~on, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contra~ted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors 26. MISCELLANEOUS A CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY B If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto C In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement Page2Oof30 constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR Neither shall such payment, act, or omission m any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specffically preserved No representative or agent of CITY may waive the effect of this provision D This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties bereave, and any prior agreement, assertion, statement, understanding or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever, nor shall an agreement, assertion, statement, understandmg, or other commitment occurring dunng the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed tn writing, and ff appropriate, recorded as an amendment of th~s Agreement E In the event any disagreement or dtspute should arise between the parttes hereto pertaining to the mterpretatton or meamng of any part of th~s Agreement or its governmg rules, codes, laws, ordinances or regulattons, CITY as the party ulttmately responstble to HUD for matters of comphanco, will have the final authority to render or to secure an lnterpretatton F For purposes of this Agreement, all offictal commumcattons and hermes among the parties shall be deemed made ffsent postage pard to the parties and address set forth below TO CITY TO CONTRACTOR City Manager City of Denton Denton County, Texas 215 E McKlnney St 110 West Hickory Denton, Texas 76201 Denton, Texas 76201 Copy of notice shall also be sent to Director of Denton County Health Department, 306 N Loop 288, State 183, Denton, Texas 76201 G Th~s Agreement shall be interpreted m accordance with the laws of the State of Texas and venue of any litigation concermng th~s Agreement shall be tn a court competent iunsdmtlon s~ttlng tn Denton County, Texas Page 21of30 IN WITNESS OF WHICH this Agreement has been executed on this the day of ,2001 CITY OF DENTON BY MICHAEL A CONDUFF CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DENTON COUNTY sch~fTXKMlgY' ~- .~ '_ _o/ COUNTY JUDGE J /. g/- OJ / ATTEST Page 22 of 30 ATTACHMENT "A" DESCRIPTION OF IMPROVEMENTS Installation and maintenance sennce of the following 1. Accessory Console OpUons Included · Sink and square end module 28" · Door storage module 21' · Rounded end module, T', right side Approximate Cost- $3,800 2 Treatment console upper, midsection and base Options Included · Delivery system module for Assr delivery system, position C2 · Door storage module · Door storage with side opening door system Sub-Option(s) a Swing-out shelf for door storage model BDFTC1 or equivalent b Adjustable shelves for door storage modules, except B1DTC4-type module · Door storage with bi-fold door system Approximate Cost - $12,200 3 Central console w/49" equipment end Options Included · Adjustable shelf for dispensing umt · Glovedt~ssue dispenser · Wash station, round end · Door storage module, w/doors on operator and assistant side · Task light, 1 on side opposite imvacy panel · Door storage module, w/doors on operator and assistant side Sub-OpUon a Adjustable shelves except B1DCS-type Approximate Cost - $14,000 TOTAL APPROXIMATE COST* $30,000 CITY OF DENTON PROJECT BUDGET $30,000 Funding amounts for each item may be revised as necessary to complete the project. Page 23 of 30 ATTACHMENT "B" SERVICE PROVISION STATEMENT The Denton Health Program of the Denton County Health Department will provide the follovang s~l'vICA~ at the facihty located at 1213 Wilson Street 1 Dental examinations, charting and treatment plarmmg 2 Intranral dentalx-rays 3 Out-patient oral surgery services - simple extractions, biopsy, removal of impacted wisdom teeth 4 Preventative dental serwces - dental p~t and fissure sealants, preventive oral health care instruction 5 Restorative treatment on qualified patients (filhngs, chrome steel crowns) 6 Referral services for dental spe~udty serwces Page 24 of 30 ATTACHMENT "C" 24 CFR § 570 505 The standards described m th~s section apply to real property w~tinn the rec~p~ent's control, which was acqmred or improved m whole or m part using CDBG funds m excess of $25,000 These standards shall apply from the date CDBG funds are first spent for the property untal five years after eloseout of an entitlement recip~ant's pame~patmn m the entitlement CDBG program or, w~th respect to other ree~pients, unUl five years ~ the closeout of the grant from winch the assistance to the property was prowded (a) A recipient may not change the use or planned use of any such property 0ncludmg the beneficiaries of such use) from that for which the acqms~t~on or improvement was made unless the recipient provides affected cmzeus w~th reasonable noUce of, and opportumty to comment on, any proposed change, and e~ther (1) The new use of such propeay quahfies as mee~ng one of the national obJect, yes ~n Sectson 570 208 and ~s not a bmldmg for the general conduct of govexnment, or (2) The reqmremants m paragraph (b) of this secUon are met (b) If the recipient determines, after consultation w~th affected cmzens, that It ~s appropriate to change the use of the property to a use winch does not qualify under paragraph (a)(1) of this sectmn, it may retmn or dispose of the property for the changed use ~f the rec~p~ent's CDBG program ~s reunbursed m the amount of the current fair market value of the property, less any pomon of the value attnbutable to expenditures of non-CDBG funds for aC.~lmsmon of, and improvements to, the property (c) If the change of use occurs af~ cluseout, the prov~sions govermng ~ncome from the disposmon of the real property m Secuon 570 504(b) (4) or (5), as applicable, shall apply to the use of funds reimbursed (d) Following the reimbursement of the CDBG program m accordance vath paragraph (b) of th~s sec~on, the property no longer will be subj~t to any CDBG requirements Page 25 of 30 ATTACHMENT "D" 24 CFR § 570 503 (a) Before disbursing any CDBG funds to a subreclpient, the rectplent shall sign a written agreement with the subreclpient The agreement shall remain m effect during any period that the subreclplent has control over CDBG funds, including program income (b) At a minimum, the wntten agreement with the subreclpient shall include provisions concerning the following items (1) Statement of Work The agreement shall include a description of the work to be performed, a schedule for compleOng the work, and a budget These items shall be in sufficient detml to provide a sound basis for the recipient effecavely to monitor performance under the agreement (2) Records and Reports The re~pient shall specify in the agreement the particular records the subreclplent must maintmn and the parUcular reports the subrecipient must submit m order to assist the recipient m meeting its recordkeeplng and repomng reqmrements (3) Program Income The agreement shall include the program income reqmrements set forth in Sec~on 570 $04(c) (4) Uniform Admlmslrative Requirements The agreement shall require the subreclplent to comply with apphcable unLform admimstraUve requirements, as described m Section 570 502 (5) Other Prol~m Requirements The agreement shall require the subreciplent to carry out each activity m compliance with all Federal laws and regulaUons descnbed in subpart K of these regulations, except that (I) The subreclplent does not assume the reclplent's environmental responsibilities descnbed at Section 570 604, and 00 The subreclpient does not assume the recipienfs responsibility for mmatmg the revmw process under the provisions of 24 CFR Part 52 (6) Conditions for Rehgtous Organizations Where applicable, the conditions prescribed by HUB for the use of CDBG funds by relll~OUS orgamzations shall be included in the agreement (7) Suspension and Termination The agreement shall specify that, in accordance with 24 CFR 85 43, suspension or t£rmination may occur if the subreciplent materially fails to comply with any term of the award, and that the award may be terminated for convemence in accordance with 24 CFR 85 44 Page26of30 (8) Reversion of Assets The agreement shall specify that upon its explraUon the subreclpient shall transfer to the recipient any CDBG funds on hand at the Ume of exp~ratton and any accounts receivable atmbutable to the use of CDBG funds It shall also include provisions to the me of CDBG funds It shall also include provisions designed to ensure that any real property under the subrec~p~ent's control that was acqun'ed or ~mproved in whole or in part with CDBG funds in excess of $25,000 is either Used to meet one of the na~aonal ob.~ect~ves in SecUon 570 208 unul five years after expiration of the agreement, or for such longer period of tune as determmed to be appropriate by the recipient, or Not used in accordance with paragraph (b) (8) 0) of this secUon, in which event the subrec~plent shall pay to the recip~ent an amount equal to the current market value of the property less any portion of the value attributable to the expenditures of non-CDBG funds for the ~lmSiaon of, or ~mprovement to the property The payment is program income to the recipient (No payment is reqmred al~er the period of t~me specified m paragraph (b) (8) 0) of this secUon ) Page27of30 ATTACHMENT "E" 24 CFR § 570 504 (a) Recordm~ Program Income The receipt and expenditure of program income as defined in Section 570 500(a) shall be recorded as part of the financial transactions of the grant program (b) Ehsposmon of Program Income Received by Recipients (1) Program income received before grant closeout may be retmned by the recipient ff the income is treated as eddit~onal CDBG funds subject to all applicable requirements governing the use of CDBG funds (2) If the recipient chooses to retmn program income, that income shall affect vathdrawals of grant funds from the U S Treastny as follows (0 Program income in the form of repayments to, or interest earned on, a revolving fund as defined in Section 570 500(1>) shall be substanually disbursed from the fund before addmonal cash withdrawals are made from the U S Treasury for the same acUvity (This rule does not prevent a lump sum disbursement to finance the rehabflitaUon of privately owned propemes as provided for m SeoUon 570 513 ) (u) SubstanUally all other program income shall be chsbursed for ehgthle acttvit~es before addmonal cash withdrawals are made from the U S Treasmy At the end of each program year, the aggregate amount of program income cash balances and any investment thereof (except those needed for tmmechate cash needs, cash balances of a revolving loan fund, cash balances from a lump-sum drawdown, or cash or investments held for secuon 109 loan guarantee security needs) that, as of the last day of the program year, exceeds one-twelfth of the most recent grant made pursuant to Sec 570 304 shall be remitted to HUD as soon as praceacable thereafter, to be placed in the recipient's line of credit This provision applies to program income cash balances and investments therof held by grantee and its subreclpients (This provisions shall be applied for the first tsme at the end of the program year for which Federal Fiscal Year 1996 funds are provided ) (3) Program income on hand at the time of closeout shall continue to be subJeCt to the ehgtbihty reqmrements in Subpart C and all other applicable provisions of tlus part until it is expended (4) Unless otherwise provided in any grant closeout agreement, and subject to the reqmrements of paragraph (b) (5) of this section, income received after closeout shall not be governed by the provisions of this part, except that, if at the time of ¢losenut the Page 28of3o recipient has another ongoing CDBG grant received directly from HUD, funds received after closenut shall be ~reated as program income of the ongoing grant program (5) ff the recipient does not have another ongoing grant received d~rectly from HUD at the time of closeout, income received after closeout from the &sposmon of real prope~oj or from loans outstanding at the t~me of closeout shall not be governed by the provisions of this part, excopt that such income shall be used for acUvmes that meet one of the national objecuves m Section 570 208 and the eligibility requirements described m Section 105 of the Act (c) Dlsposmon of program income received by subreciplents The written agreement between the recipient and the subreclplent, as required by Sec 570 503, shall specify whether program income received is to be returned to the recipient or retained by the surecipient Where program income is to be retmned by the subreclpient, the program income and that all provisions of the written agreement shall apply to the specified activities When the subreclplent retains program income, transfers of grant funds by the recipient to the subreclplent shall be adjusted according to the principles described in paragraphs (b) (2) (0 and 00 of tlus sectaon Any program income on handwhen the agreement expires, or received after the agreement's expiration, shall be paad to the recipient as required by Sec 570 503 (b) (S) (d) Disposition of cortain program income received by urban counties Program income derived from urban county program activities undertaken by or within the jurisdiction of a unit of general local government which thereafter terminates its participation in the urban county shall continue to be program income of the urban county The urban county may transfer the program income to the unit of general local government, upon its termination of urban county participation, provided that the unit of general local government has become enutlement grantee and agrees to use the program income ~n its own CDBG entstlement program Page 29of30 ATTACHMENT"F" 24 CFR §570 502 (a) Reciptents and subreciplents that are governmental entities 0nclud~ng public agencies) shall comply with the requirements and standards of OMB Circular No A-87, "Cost Pnmciples for State, Local, and Indian Tribal Governments", OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR part 44), and w~th the following sections of 24 CFR part 85 "Uniform Admimstrative Requirements for Grants and Cooperative Agreements to State and Local Governments" or the related CDBG provision, as specified m th~s paragraph (1) Section 85 3, "Defimtaons", (2) Sectaon 85 6, "Exceptions", (3) Section 85 12, "Special grant or subgrant condmons for 'high-risk' grantees", (4) Section 85 20, "Standards for finanmal management systems," except paragraph (a), (5) Section 85 21, "Payment," except as modified by Sec 570 513, (6) Section 85 22, "Allowable costs", (7) Section 85 26, "Non-federal audits", (8) Section 85 32, "Equipment," exempt ~n all cases ~n whmh the equipment is sold, the proceeds shall be program income, (9) Sectaon 85 33, "Supplies", (10) Section 85 34, "Copyrights", (11) Section 85 35, "Subawards to debarred and suspended part,es", (12) Section 85 36, "Procurement," except paragraph (a), (13) Sectaon 85 37, "Subgrants", (14) Sectaon 85 40, "Momtonng and repomng program performance," except paragraphs (b) through (d) and paragraph (f), (15) Section 85 41, "Financial repomng," except paragraphs (a), (b), and (e), (16) Sectton 85 42, "Retention and ancess reqmrements for records," except that the period shall be four years, (17) Section 85 43, "Enforcement", (18) Section 85 44, "Termination for convenience", (19) Section 85 51, "Later d~sallowances and adjustment" and (20) Secuon 85 52, "Colleetton of amounts due" Page 30 of 30 AGENDA INFORMATION SHEET AGENDA DATE. January 15, 2002 DEPARTMENT' Englneenng ACM. David Hill, ext 8314 SUBJECT Anderson Addition The 8 4 acre property is generally located along the southeast side Hartlee F~eld Road approximately 4,322 feet fi'om Sherman Drive The property is located in the extra territorial junsdmtlon of the C~ty &Denton A 3 lot single £amfly subdlvlmon is proposed a Consider approval of an exaction variance from Section 34-114(5) of the Code o£Ordmances concerning perimeter paving The Planning and Zomng Commission recommends approval of a full variance (6-0) (V01-0028) BACKGROUND John A, Andcrson, the owner of the subject property located on the easterly side of Hartlee Field Road, as well as the southerly side of Hartlee Field Road at the intersection of Hartlee Field Road and Woodland Drive has apphed for variances of section 34-114, (5) of the Code of Ordmances concerning installation ofpenmeter pawng The subject section of the ordinance reqmres that Hartlee Field Road be improved along the frontage of the development The street is not currently constructed to City Standards for a collector street as it is designated on the C~ty of Denton's Mobthty Plan A collector street is generally a four lane undivided street Hartlee Field Road in this location has not been improved The ordmance requirement m to improve the easterly and southerly side of the road with twenty-five (25) foot wide (as measured fi'om back of curb) pavement The apphcant is proposing to subdivide the 8 4-acre tract, into three remdentlal lots The property currently has one residential structure on proposed Lot 2 The property will need to be platted prior to lssmng building permits The apphcant bases the reason for the variance request on the cost for the subject improvements in comparison to the size and type of development The City Council may approve this exaction variance if the followmg criterion is met (b) Criteria for variances fi'om development exactions Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so exeesmve as to constitute confiscation of the tract to be platted, at may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Councal Waiver of developmental exactions shall be approved by the City Cotmefl OPTIONS 1 Approve full variance Page 1 2 Approve full variance w~th conditions 3 Approve a part~al variance 4 Deny variance RECOMMENDATION Staff recommends approval of a partial variance The City understands that the costs to construct a collector street to City standards are prohibitive in the development of so few lots and has, ~n the past, allowed the payment of $5400 (the average cost of improvements for a typical lot m a res~dentml area) per lot (total for 3 lots = $16,200 00 and therefore, a partial variance) towards the full costs of the pavement and sidewalk improvements (estimated to be $85,740 00) The C~ty mmnta~ns th~s money m an ~nterest beanng account and ff the ~mprovements arc not complete, under constructmn or foreseen to be undertaken within 10 years (of the time of deposit of th~s money), the C~ty ~s reqmred to return the money to the payee(s) with ~nterest PRIOR ACTION/REVIEW The Planning and Zoning Comm~ssmn recommended a full variance (6-0) at their December 19th 2001 meeting FISCAL INFORMATION The required s~dewalk, and pavement ~mprovements combined would cost an estimated $85,740 00 In the past, the C~ty allowed the payment of $5400 (the average cost of ~mprovements for a typical lot in a residential area) per lot (total for 3 lots = $16,200 00 and therefore, a partial variance) towards the full costs of the pavement ~mpmvements The C~ty malntmns th~s money ~n an ~nterest beanng account and if the ~mprovements are not complete, under construction or foreseen to be undertaken w~th~n 10 years (of the t~me of deposit of th~s money), the City is required to return the money to the payee(s) with ~nterest ATTACHMENTS 1 S~te map 2 Plat 3 Apphcants letter 4 P & Z m~nutes Prepared By David Salmon, Assistant Director Engineering Page 2 Respectfully submitted Charles F~edler D~rector, Engmeenng P~e3 ATTACHMENT 3 JOHN A ANDERSON Oaot~z 24, 200i SANGER TI~X~S 76266 C:~ Of Denton, Pl~nlns ~d Zonlns Gendemen ~d ~es' ~ 1999 Dr. J~ [o~Es ~d {o ~ ~ D~Wd~e ~d me ~o acres e~ ou~ of e ~c~ of ebou~ 8 4 e~es. ~ ~ee of us ~e dose friends ~d J~ priced us eccordin~ly. ~i~er ~d I a~re~ {o p~} for ~e costs essocia[ed acne.se plaited The ~o o~ us ~{~ ~e as~cm~ed costs {o be ~ ~e nelshbo~hood o~ $2,500 00 e~ch. ~en ~e ~ee o~ ~s ~t~ ~e ~reement we h~d no in.m8 ~e would be co~on~ed ~ ~e ne~d ~o ~ ~e mulu~dmous ~equ~emen~s of ~e Ci~ Of Denton On beh~ of ~e ~ of us, I ~ ~e p~son designated ~o h~dle ma~er before you. I won'~ be~bor yo= ~ sc~e of ~e b~He~s we h~ve encountered, bu~ I'm ~ ~s ~o ~k fo= some ~ehef on e m~Jor hu~dle unde~ your consol The subdivision requ~s c~ for ~ ~o mclude sid~w~ks for H~dee ~leld [o~d ~l~s{ of ~1, we ~pprecta[e ~e ~ p}~n~ ~ s~Fs 8~ctous recommend~uon o~ e p~ v~ce ~e r~o~en~uc= ts ~a{ we ". p~y $6,550 O0 pe~ lo~ ~o~d future impmvemen~s to ~e r~d. "(~ ~E~d copy of ~e S~f reco~end~on) Even ~ {he ~n8 of ~e p~ ~ce we would h~ve pey out-of-pocke~ expenses ~ ~e ~oo ~h for what ~ h~d hcped ~o ~ccomphsh The resulun~ S19,650.00 cos~ is subst~) low~ ~n w~ t~ could h~ve been, bu~ ~ is s~l {oo ~h fo~ ~vo couples ~ jus~ ~ed ~o ~hve ~ ~e county" l ~11 ~so no~e here ~t ~ls comes on ~e heels of puli m ~ ~'er ~ell ~[ cos~ us, because o~ dem~d, ~ce wha~ we h~d The H~lee ~leld ~ea defies 'll~ ~ ~e coun~" mcludin~ ~e ~bs~nce side~s The ~ is ~os~ complete) "bud ou[' ~d l~ does no[, nor ~u~re, lend t~sel~ to ~e inclusion of ~de~k~ or curb ~d ~u~er subjec~ p~ope~ The homes ~t ~e Cos~ icon.er on ~e e~sC ~d sou~ side o~ ~a~ ro~d - ~e side ~e subjec[ p~ope~ is on - ~e ~vo ~o ~ree hundred fee~ my ln~oT~on is co~Tec~, ~e ~e ~:o~lslo~ ~oT ~hTee homes on ~e hundreds of acres ~ borde~ on ~e no~ side of ~ee ~ield ~o~d Hy ~ppe~ here is ~or ~e~son ~d ~d~-~din~ Hiller ~d I c~no{, f~ess, ~sk J~ {o pu~ up a ~5 550 O0 shoe ~:~use ~e ~vo of us ~eed ~o costs of h~vin~ ~e l~d sub~id~ 7c~{ me~s ~ Hiller ~d I ~lll h~ve to spend ~ eddiflon~ $9,825 O0 e~ch of o~ o¥,= mon~, as~ns~ ~e ~mos~ ~possiblc nouon ~e~ ~e c[~ is ever soin~ to budd sid~,~ks o: ~e e~s~ ~d sou~ side of ~ ~o~d We di~'~ expec[ to h~ e {o s~fy Den:on cl~ officios when ~ls p~o]ec~ s~ed, bu~ we're mov~ ~ou~h ~ pr~es~ ~o ~ ~o s~tisfy ~e Tequirements Up to ~[s potn{ ~h~nss =~ve be~ ve~ one-sided ~d we would appreciate i~ if you could s~op ~d loc( ~ ~s f~om ~e pnv~{e clUzens' poin~ o~ view iou, because you ~ep~ ~e Ci~, hz,e ~e ]~w on your rode incumber you ~ ~e responstb~ ~o ~c~ ~:~ p~s~ns ~ness? Would you ~ele~se us from ~e req~em~ of pu~ up $1%650 00 e~nst ~e highly improbable future p~vin~ of H~dee ~eld ~o~ by ~e cl~7 ~dies ~d 8endemen, o~ ~pp~ is fo= ~ou to t~e ~ s~ce ~ose of us who, by choice o~ ~ce, come to de~ ~ ~e Ci~ of Denton encounter ~ enfl~ ~at is ~lhng tO de~ re~onably ~ us ~esvecfful~, ~ Ml~er Davldge, Jim Robe.s, ~d Jo~ ~erson CondenseltTM ATTACHMENT 4 3 I P R O C E E D I N O S I ha~e previously 2 COMMISStONERRISHEL Thank you I'd !2 and we will excuse you from fins 1 3 I to order tlus session of the Planning and; COMMISSIONER pOWELL Mr 4 19th, 2001 )se to approve Item No 4 5 e of Allegiance ~ the COMMISS[ONER RISHEL Let me I 6 Texas f Ilesse join us 6 pulled if you and then ? ,a~r~ ? we Il a motion form if It's g 9 ~ou vee) much 9 appropriate 10 The first item on i ~pproval of th~ 10 item 4 on th~ Agenda 11 , meeting 2001 -k,'~ ~ 11 is consider the a ~mended prchrmnary plat of 12 motion 12 the Airport Industrial ] This is a 30 5 acre 13 Move approx al_ 13 site It's generally 14 t been moved by 14 Branch Road a south of 15 15 intersection of ; 380 Highway 16 ~SHEL 16 ~ a hght industrial dasmct 17 Mukoy and by Commlsslon~l ~_-iy filrth~r 17 An Iroposed 18 changes If not, please vote I ~. note 1 g present tern 19 at fins ti ~t Conmussloner Apl2 19 MS VlERA Good evening 20 and s : she had something acm site located south of Umverslt dills evening and would not be ~ ~' Masch Branch Road An industrial from the November 14di electing passed v,-di I Thc plat meets thc mmlmmn rcq~cnts f the Commissioners present ub&vlslon regulation Staff recommend approval The next item on the Agenda is the Cor~.-'nt COMMISSIONER RISHEL Thank you very much ~.genda I beheve that there's a motion from Mr Roy CmltImssloners any further questions of staff at fins Page 4 lt~n No 4 be withdrawn 2 I second COMMISSIONER RISHEL 3 sent Agenda anyone would 4 fine I see 6 6 been moved 12 )owell and seconded by 7 COMMISSIONER RISHEL ,~ and 7 Conmussioner Seeing none 8 4 on a 1'¢ rome',ed 8 please vote Is approved 5-0 of 9 from th~ Please 9 '. a staff m~nbe~ 10 ',otc SO die Agenda 10 notify ~ , that he c walt 11 anmedIatel) So the Consent 11 just I when Mr Mukoy.loms 12 till put forth I~ there 13 a motion,} 1~ Tho next couple of items on our Agenda am 14 so moved 14 items for individual consideration, and the next thing is l ~ MULROY ~econd 15 No ? on our Agenda And No 7 Is the Anderson Addmon 16 It'S been moved that 16 v, hich is an 8 4 acm property generally located along the 17 the Consent - moved b) Commissioner 1 ? southeast side of Hartleo Field Road approxunately 4 322 18 Holt an A~ ~ 18 feet from Sherman Drive The property is located in the 19 discussion? Motion ca.~es 6-0 19 extraterntonal junsthction of thc City of Denton This 20 of the ( present .o Item 20 is Lot 3 This Is A-3 lot acm - excuse me A three-lot 21 No : Agenda 21 single family subdivision is proposed 22 COMMISSIONER MULROY ChlL~ I 22 And this Is divided Into two parts a part confhut of mte~st vnth Item No would kke 23 A and part B And Part A ts consider making a ,self from fha meeting 24 recommendation to City Council regarding a variance of COMMISSIONER P,~u~ , you 25 Section 34 114(5)(1 ?) of the Code of Ordinances rngardmg ~ AND ZONING DECEMBER 19TH, 2001 Page 1 - Pa.ce 6 CondcnscltTM Page 5 Page / the i~lmeter paving and th~ sidewalk ,'~l~CUvel~ I COMMISSIONER RISHEL COm~SSlOllerS, any And the second part of this is consider 2 further questions of Mi' Salmon Comn~ssioner Kctth making a ~.~commendatlon to thc City Council t~gardmg a 3 COMMISSIONER KEITH Thank you Slnc~ ~,anaoc¢ on Section 34 116C from tha Code of Orthnauccs 4 there's no plans to build any sidewalks m the area It's concermngtheconstmct~onofawateclmeandfire 5 a country road Thcre's no plan There'snonccxlstmg 6 hydrant And Mr Salmon will present th~ first part 6 It's just a country road Why are you proposing that a 7 And I behoze Mr Oilletta will probably present the 7 deposit of $6,550 00 per lot be made9 8 second part Mr Salmon 8 MR SALMON That's the amotmt that it 9 MS SAt. MeN Thank you, Chair, members of 9 costs to construct a street and sidewalk improvements in 10 th~ Commission Very quickly ns you slated the apphcams 10 front of the average residential lot In tbe City of 11 arc proposing to plat thr~ lots m the cxtraterntonal l 1 Denton And what we propose ts to plaee this money In a 12 jurisdiction Each of these lots will be two acres ~' 12 developer's aid in construction aconunt~ which will 13 larger and will have several hundeed feet of str~ 13 held for a period of ton years If thc money is not used 14 frontage As you're well aware our ordinances tequm~ 14 for tls intended purpose vathm that ten-year period, the 15 that thc struts and thc sidewalks be brought up to Clt~ 15 money is returned to the developer with interest 16 standards In this case because of the s~ze of the lots, 16 COMMISSIONER KE1TH I can read that I 17 thc applicants have apphed for thc variance, which maL~s 17 was just wanting to sec tf there was adchtlonal reasons of 18 ~s an exaction variance 18 support of why he should be putting up $6,500 00 plus 19 As usual in ¢ case like this, staff is 19 dollars when there's no plans and tbere's none there 20 recomn~ndmg a parlml variance We'ee rcconm~eadmg that 20 MR SALMON well, unfortunal~ly, that's 21 S6 550 00 per lot be placed it a developer's a~d mci 21 not really one of the criteria we consider What we look 22 construction account for future sidewalk and street 22 ut is thc fact that It is a single family home and whether 23 lmprovonents on Hartlec Field Road rather than ff.c 23 it's in the ETJ or whether it's two acres versus a half 24 apphcant constructing the streat and sidewalk 24 acre, the -- it still creoles tho same amount of traffic 25 tmprov~ncuts 25 And so we base tt on the amount of traffic that would be Page 6 Page 8 Just for your reformation, if the fur I generated by a single faiml~, home and app~ it cs cnly 2 unprovements were required and constructed, the3 would :2 regardless of thc size of thc lot or where it 5 located 3 cost over $104,000 00 I'll be glad to ans~er an.', 3 CO~4~t~SStONER KEI~'H 'thank 4 questions you might have 4 COMMISSIONER RISHEL coumu~sloner Powell 5 COMMISSIONER RISHEL commissioner Holt 5 I saw that your buuon had come on, but I d~dn t see you 6 COMMISSIONER HOLT Yes, lv'u' Salmon, are 6 push it off 7 there other sidewalks in the area at all'~ 7 COMX,IISSIONER POWELL yeah, I '.ook ~t off 8 MR SALMON I do not believe there are 8 Thank you 9 COMMISSIONER HOLT And isn't that just a 9 COM',IISS[ONER mS,EL commissioners any 10 country road, basically9 I mean, there are no gutters 10 further questions of Mr Salmon and stafF' Mr Salmon 11 or 11 the Petitioner here present and would lhey h3.e to speak'/ 12 MR SALMON Right, it'S currently 12 MR SALMON I don't know it' the'3 are but 13 COMMISSIONER RISHEL Estate-type lots 13 they may be 14 MR SALMON Yeah, an estate section 14 COMMISSIONER RISHEL Let me call Is the 15 COMMISSIONER HOLT Estate-type lots 15 Petitioner here for this Item No 7 on our ~.enda And if 16 MR SALMON Right 16 they are, would they care to speak? No one appears to be 17 COMMISSIONER HOLT DO you knox~ if there 17 here Okay This is an item once again, for individual 18 are plans in the City Budget to put sidewalks in m the 18 consideration so it's at the daseretion of ',he Planmng 19 rest of that area'~ 19 and Zoning Commission on what direction 5ou v, ould like for 20 MR SALMON There are no plans m our 20 this item to proceed 21 current Capital Improvements Program to put sidewalks o~ 21 I have several people that would hke to 22 street u'flprovements in ttus area 22 speak here among the Comimssloners Commissioner Ko,th 23 COMMISSIONER RISHEL It's ETJ 23 COMMISSIONER I~.EITH YeS, sa' 'i-hank you 24 COMMISSIONER HOLT It*s ETJ, oka.', Thank 24 I just in looking In light of this, seeing that th~s 25 yott 25 a very raral type setting I'm very famihar -anth that __ 'LANNING AND ZONING COI~SSION DECl~MBER 19TH, 2001 Page 5 - Page ~ondonsoltTM Page 9 Page 1 As a boy, I used to himt quaJ2 on that comer, so this ts 1 placed on deposit vath r~he City -- 2 going to remain pretty much -~ rural area I think thc 2 CO\LMIS$IO\"~R POWELL Mr Chairman, 3 hkehhood of a sidewalk beim3_' out t.here -- being put out 3 maybe I can help 4 there, whether in two years, f'~e ~,~ars or ten years is 4 CO\t'MISStO\-~ RISHEL YOU put that forth as 5 very remote And I move th2. on t2ms that we strike this 5 a friendly morton'~ 6 portion, make a motion to the Corrm~ttee that we consider 6 CO\LMISSIO\-'E]I KEITH Yes, sir, I do 7 striking this requirement 7 COMMIS~IO\-'m-LR POWELL 1 believe it's in my 8 COMMISSIO~R IUS-:EL. which requirement are 8 motion Because I smc a variance, that's a total 9 you lookang to strike? 9 variance so there t~ no $6,500 00 10 COMMISSIONERKET'H imloohngtostnke 10 MR. REICHI-L~-RT That's correct 11 the requlremont of $6,5$0 00 :~er lot 11 CO\fMI~IO\--'--3~KEITH Okay l'msorry I 12 COMMISSIONER RI$~ZEL when we finally get a 12 didn't understand that 3 motion, why don't you bnng .hat as a friendly motion or 13 MR. KEICHH.~_RT Okay I mean, just to 14 bnng the motion, one of the v~o 14 clarify you're recommemchng for a full variance, no 5 COMMISSIONER KEI-H Can I bnng tt as a 15 sidewalk, no money 16 motlotl now9 16 COMMISSIO\'?~R POWELL clarification is 17 COMMISSIONER RI$-ZEL 'we have at least one 17 correct, sir 18 more speaker that would hke o speak 18 CO\£MiSSiO\~'--R RiSHEL commissioner Keith, 19 COMMISSIONER KE.r~ okay Thank you 19 did you still wish to sTe--ak`) 20 COMMISSIONER PaS-2~L Let me come back if I 20 CO\tMi~iO\=_R KEITH NO 21 could Conmussioner PoweL 21 CO\LMI~C. SIO\------R RISHEL Any further 22 COMMISSIONER ?O-'~ELL- I ,.~as ready to move 22 discussion`) Okax Se-~.--.ng none, we have a motion on the 23 on it, but if Mr Keith is teac', I'I1 hack off 23 floor The motion v, as ~y Commissioner Powell, and the 24 COMMISSIONER mS--El. That would be fine 24 second was bb' Comm__qsloner Holt Seeing no further 25 COMMISSIONER pO'a'ELL. I believe I'm 25 discussion, please ~ otc Motion carries forth 6-0 of the Page 10 Page 12 prepared sir Mr Chau'man, I -~ould mo~e to recommend Commiss~oners pre,.mt 2 appro~ al of City - excuse me - II ~ ~t. again, sir 2 The seccad p~*-'~, of that is part number B 3 I would move to recommend ap'x'o', a~ to the City Councd for 3 and Mr Gillette s~aL p~t 4 a variance of Section 34 114(5) md (17) for tho three 4 ,,,tm GILLETTE. r-,ood evening 5 lots on Hartke Field Road descr_ed ~ shown on the 5 ~ off ~ ha, Dave was u I 6 attached documents for the req~-em~s of installing 6 7 pavement and sldosalk along p~--tIee F~eld Road frontages 7 8 recommended by staff 8 9 COMMISSIONER mSHE'- and that ~s your 9 vlth 34 116 ol 10 motion 10 the subd~visll 1 1 COMMISSIONER POW E'._ ~,k~ase keep m nund 11 The ~e City had 12 that I sa~d a variance and not a 7ama! x nnance 12 mentioned that t ; one 13 COMMISSIONER PaS}~ i understand Is 13 strllcturo there t utlht~es up 14 tho'e a second7 14 there, and I'm not a ',a ~ brought 15 COMMISSIONER UOL'r ~ecor~d 15 out to the s~ta Other thor ust requesting a 16 COMMISSIONER PaSHr.. n s been moved by 16 variance as an exacaon : to the cost of 17 Conumssloner Po'~ell and secon..ed l:.x Commissioner Holt 17 18 Cormmssioner Keith 18 adequate for 19 COMMISS[ON'ERI~EITH '~C'~. l'mjasttrymg 19 thed~velopment 20 to figure out when I can make m- moCaen on this 20 And 21 COMMiSSIONER mSH.~. 'fbi* would tm tl~ 21 reqmmments 22 time 22 equipment ~ for the s 23 COMMISSIONER I~tTP oka.~ Tl~n I 23 24 recommend that if ~e could pro..'eed 25 tbs porUon of reqtm~ai~nt of h~,mg 56,55000 l~r lot b~ 25 under ~at c=-cumstances nm you as a PLANNING AND ZONING COMM188ION 8 AGENDA INFORMATION SHEET o~lt .... ~ ~L~-~ AGENDA DATE' January 15, 2002 DEPARTMENT: Engmeenng ACM David Hill, ext 8314 SUBJECT Anderson Addition The 8 4 acre property is generally located along the southeast side Hartlce Field Road approximately 4,322 feet from Sherman Drive The propcr~y is located in the extra temtonal junsdmtlon of the City of Denton A 3 lot single family subdivision is proposed b Consider approval of an exaction variance from Section 34-114(17) of the Code of Ordinances concerning sidewalks for Lots 1, 2 & 3, Block A of Anderson Addition The Planmng and Zomng Commission recommends approval of a full variance (6-0) (V01-0028) BACKGROUND John A. Anderson, the owner of the subject property located on the easterly side of Hartlee Field Road, as well as the southerly side of Hartlee Field Road at the intersection of Hartlee Field Road and Woodland Drive has applied for a variance of section 34-114, (17) of the Code of Ordmances concerning installation of sidewalk The subject section of the ordinance requires that sidewalk be installed along the frontage ofHartlee F~eld Road The applicant is proposing to subdivide the 8 4-acre tract, into three residential lots The property currently has one residential structure on proposed Lot 2 The property will need to be platted prior to lssumg building permits The applicant bases the reason for the variance request on the cost for the subject improvement m comparison to the size and type of development The City Council may approve this exaction variance if the following criterion is met (b) Cntea'~a for variances from development exactions Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances 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 OPTIONS 1 Approve full variance 2 Approve full variance with conditions 3 Approve a partial variance 4 Deny variance Page 1 RECOMMENDATION Staff recommends approval of a partial variance The C~ty understands that the costs to construct mdewalk to C~ty standards are prohibitive m the development of so few lots and has, m the past, allowed the payment of $1150 (the average cost of improvements for a typmal lot m a resldentml area) per lot (total for 3 lots = $3,450 00 and therefore, a partml variance) towards the full costs of the s~dewalk ~mprovements (estimated to be $18,260 00) The C~ty mmntmns th~s money m an interest beanng account and ff the ~mprovements are not complete, under eonstructmn or foreseen to be undertaken w~thm 10 years (of the t~me of deposit of th~s money), the City ~s reqmred to return the money to the payee(s) w~th ~nterest PRIOR ACTION/REVIEW The Planning and Zomng Commlss~on recommended a full variance (6-0) at their December 19th 2001 meeting FISCAL INFORMATION The reqmred s~dewalk improvements would cost an estimated $18,260 00 In the past, the C~ty allowed the payment of $1150 (the average cost of ~mprovements for a typmal lot ~n a residential area) per lot (total for 3 lots = $3,450 00 and therefore, a part~al variance) towards the full costs of the s~dewalk ~mprovements The C~ty mmntmns thru money in an ~nterest beanng account and ~f the ~mprovements are not complete, under construction or foreseen to be undertaken w~thm 10 years (of the t~me of deposit of th~s money), the C~ty ~s reqmred to return the money to the payee(s) w~th ~nterest ATTACHMENTS 1 S~te map 2 Plat 3 Apphcants letter 4 P & Z minutes Prepared By Eng~neenng ~tbml~-"~ f Charles F~edler Director, Eng~neenng Page 2 ATTACHMENT SITE HARTLEI FIELD ROAD HARTLEE FIELD ROAD ~,,.,~ F M 2164 TO 380 VICINITY MAP - N.T.S. ~ ATTACHMENT 3 ~.. J~ JOHN A ANDERSON October 24, 2001 $^N~R 'rzx~s ?~z~6 City of Denton, Planning and Zon;-g Committee Gentlemen and Ladies In 1999 Dr Jim Roberts agreed to sell 5511er Dawdge and me two acres each out of a tract of about 8 4 acres All tkree of us are dose friends and Jun priced the land to us accordingly, Miller and I agreed to pa)- for the costs associated with getting the acreage platted, The two of us expected the associated costs to be In the neighborhood of $2,S00,00 each. When the tkree of x.s entered the agreement we had no inkhng that we would be confronted with the neea to saui'.-y the multitudznous reqmrements of the City of Denton, On behalf of the three of us, I am the person designated to handle the matter before you, I won't belabor yo~_ ~arh some of the barriers we have encountered, but I'm wnnng tl~s to auk for some relief on a major hurdle that is under your control The subdivision requirements e-al! for lis to include sidewalks for Hardee Field Road First of all, we appreoate the o~ planemg staff's gracious recommendation of a part~al variance, The recommendatica is that we ", pay $6,SS0 O0 per lot toward future improvements to the road. "(.~e attacaed copy of the Staff recommendation) Even with the granting of the parual ~ar, nnce we would have pay out-of-pocket expenses that are too lngh for what ne had hoped to accomplish The resulting $19,6S0,00 cost zs substantmll) lower man what It could have been, but it is still too high for two couples that just s~anted ~o "l~ve .n the country. I will also note here that t/us comes on the heels of puttin~ m a ~'er well that cost us, because of the demand, t~tce what we had planned The Hartlee Field area defines 'hv~r~g ~ the country" including the absence sidew~LLks The ~rea is almost complete.? "bmk out" and it does not, nor will it m the future, lend itsel£ to the inclusion of ~-dewalks or curb and gutter espeoally on the subject property The homes that are dose. st together on the east and south side of r_hat road - the side the subject propery ~s on - a~e two to three hundred feet apart If my information is correct, the~e are F:ov~s~or.s for three homes on the hundreds of acres that border on the north side of Ea~dee F~eld Road My appeal here is for reason ~J:d uncle:standing MHleF and I cannot, m ail fairness, ask Jim to put up a $6,$SO O0 share because the two of us agreed to bear the costs of having the land subch~ded T~at mea.~s that MHler and I will have to spend an adchrional $9,82S O0 each of our ov,~ mone~, against the almost impossible not~on that the city is ever going to build side0~'~Lks or_ the east and south side of that road We dickn't expect to base to sa~fy Demon oty officials when this project started, but we're moving tkrough the process to try to satisfy the city's requirements Up to this point th;rigs .~.ave been vet7 one-sided ~nd we would appreciate it if you could stop and locx at rh~s from the prorate ottzens' point of view You, because you represent the Cit), ha e the law on your s~de But doesn't that incumber you with the responsibflJt) to act ~'th palnstalung fairness2 Would you release us;from the requirement of pu~InE up $19,6S0 O0 agmnst the highly ~mprobable future paving of Hartlee f;eld Road by the city? Ladies and gentlemen, ou~ appeal is for you to take a stance that mdzcates that those of us who, by choice or chance, come to deal with the City of Denton will encounter an entity that is wHhng to ~eR1 reasonably w~th us .-Resoec~ulLv, FQ~r Miller Davtdge, Jim Robert~, mad John .~mderson Cond~nsoltTM ATTACHMENT 4 P~¢ ! ~, PROCEEDINOS ~ ~w p~,ousty s,gn~ ~ Consent -- ~o fo~ o~ 2 ~ ~MMI~IO~SHEL Tha~you ~e 2 ~o~excus~youfrom~s,~on~da B ~ c~ g~ ~,s s~s,on of &~ Phnmng a~g B ~ COMM,~[ON~ ~WELL Mr Ch~n, I would 4 ~for~bglg~.2001 Ih~off 4 movc~prowI~No 4 S w,~ ~ P~ of ~ance and ~ t ~ ~ ~ ~ ~ ~MMISSION~ mSHEL ~t~d I~ No 6 T~asfl~ ~wo~dp~s~jolqr 6 4~ngs~b~npu,~lfyo~ ~,mmd, and~ 7 ~n, ~c Plies ~ l~ancc ~ 7 wc ~ go ln~ a~on fo~ if lt's~ ~ 9 ~MMI=IO~Sl ~'ha~ you v~ much 9 appropna~ ~ 10 ~ff=t,~ono~[ ~approvalof~ 10 . ~I~lO~ , ~. lt~4on~A~nda 11 ~.~f~m~Nov~]~ i~ng2001 ~ 11 ,sconsldg~oapproval, [ ~end~pm~na~plator 12 anycha.~osem~s,a~on 12 ~Al~o. lnd~s~la,~ ~ ~tlon ~SlSa30Sac~ 15 ~MM] ~N~ POW.LL ~ 15 ,.~s~tlo. of' ~S'W ~w wh~ 380 HI.way 17 M~oy and s '~d~ by ~EssloT~y ;16 ~ pmp~ ~ a h~t mdus~a, L,~, ~s~ct ~ 17 ~ ]nd~ ~rk Is pmpos~ ~d Ms~ 19 and sa,~ [ : sh. ~d som.~ng, flu ~. s~p~. t h .s20 20 21 k~ln] raway~s~emngandwo~dnotbe~ ~ 21 .~schBranchR~d An~usmalparkh~b.n '22 =n i ~ r~m ~ Nov~ 14m m~Ung pass~ al~ ~ 22 ~ ,S~ ~o pint m~ts ~¢ mln=~ ~4 i ' ~.~tl~O"~A~lS~t B :~ ~ COMMI~IO~RISHEL T~y°uv~much~i 25 ~ n~ I ~h~ ~at ~'s a mOtlO~ from ~ ~y 25 ~ ~lSSlon~s, any ~ qu~bons of s~ff at ~ I ~ ~MMI~ION~ ROY Y~ ' move ~t ~ I tl~lSSlOn~ Roy 3 IL ~MMI~IO~ ~SHEL ~ag e~ ~ 3 ~SSlO~II ~ a~ 4 4 ~ns, I }~d. anyo.e would h" to W'~ r 4 COM~ ~ ~at~ fln~ I s~ I ~MMI~[O~ POWELL I ~ 8~ ~ 5 i L I~O 6 ~n mov~ ~ .is ~Po.ll and s~ond~ by 5 no one o~o ~t w~ ~ ) sp~k on ~at ~ So ~t s 6 mot:on 7 MMI~IO~SUE V~ ~d 7 ~s~oy Any f~]scussmn9 S~mg none soz . so co. . Mu oy o, r tofo 13 a moaon? ~ N ~ I ~ ~¢ n~t co.pla of ,~S ~ ~ ~nd.~ 14 ~MMIS ~ ~ ~T SO mov~ 14 ]~s for ]n&wdual cons]dga~on, and ~e next ~]ng Is 15 ~M~ ~ ~0~ ~Y ~ond 15 No 7 on o~ A~n~ And No 7 is ~e ~d~son Addmon 16 ~ ] ~ ~ION~ ~S~'S ~n mov~ ~t 16 w~ch ~s an 8 4 acm prop~ ~gally loca~ along ~c 17 ~ ~n~t~ [ ~ be approv~ mov~ by Co~s~ong 17 sou~st side of Hanl~ Field Eoad approx~amly 4.322 18 Holt and s, ~ ~ by ~ssmn~oy ~ ~ 18 f~t from Sh~an ~vc ~o prop~ ~s l~a~ ~n ~e 19 &sc~s]c ~ ~S~ng none, pl~s¢ vote ~on c~ 6~ 19 ex~mnal j~s&ction of ~e C~ of ~n ~s 20 of~, il=,ston.sp~cn' ~tw,~,~mIt= ,20 lsat3 ~s,sA-31otacm--~c~cm¢ A~lot 21 No ~ ~l~da Co~sslon~ M~ ~ 21 smg~ f~ty subdivision ,s p~pos~ 22 ~ ' ~MMI~ION~ ~LROY Y~, ~ ~ I 22 ~d ~s ts d:vid~ mm ~o pa~, a p~ 23 ~ac0~ctofm~t~I~No 4 Iwo~e 23 Aandp~B AndP~A~sconsid~ma~nga 24 ~c~ myse~ from ~ m~ng . ~ 24 ~o~dation ~ CIW Council ~ar~ng a v~ancc of 2~ ~ ~MMI~IO~ mSHEL ~d I know ~I yo~ 2~ ~uon 34 114(~)(17) of ~ Coda of ~dmances ~dmg PLA~O A~ ZO~G CO~SSION ....... 19'fH, 2001 Page 1 6 CondonseltTM Page 5 Page 7 theperuneterpavmg and tha sld~valk rcspectivel) I COMMISSIONER RISHEL Comrmssloners, any 2 And tl~ second part of this Is consider 2 further questions of Mr Salmon Cornxmssloner Ke~th 3 malang a recommendation to the City Council mga-,'thng a 3 COMMISSIONER KEITH Thank you Since 4 variance on Section 34-116C frem the Code of Ordinances 4 there's no plans to build any sidewalks m the area It's 5 concemmgthecosstmctaonofawaterhneandFme 5 a country road Tbere's no plan There's none extstmg 6 hydrant AndMr Salmon wfll prcsent the first part 6 It'sjustaeountryroad Why are you proposmg that a 7 And I behove Mr Gdlo~ will probably present tk 7 deposit of $6,550 00 per lot be made9 8 second part Mr Salmon 8 MR SALMON That's the amol. mt that it 9 MR SALMON Thank you, Chair, member* of 9 costs to construct a street and mdewaIk improvements in 10 the ColmmSsion Very qmckly as you stated the apphcaats 10 front of the average residential lot in the City of 11 arc proposing to plat thr~ lots m the exU:aterntonal 11 Denton And what we propose ts to place flus money tn a 12 jurisdiction Each of these lots wdl be two acres ex 12 developer's aid m construction account, wtuch wdl be 13 largar and will have se~'~al hundred f~t of stm:t 13 held for a period of tan years If the money is not used 14 frontage As you're well aware our onhnances reqmre 14 for Its intended purpose w~tban that tm-year period, the 15 that the streets and the sidewalks be brought up to City 15 money is returned to the developer with interest 16 standards Intlmcasebecauseofth~siz~ofth~lots, 16 COMMISSIONERKEITH I can read that I 17 thc applicants have apphed for the variance, which makes 17 was just wanting to sec tf there was additional reasons of 18 th~s an exaction vanauae 18 support of why he should be putting up $6,500 00 plus 19 As usual in a case like tlas, staff is 19 dollars when there's no plans and there's none there 20 recommending a partial variance We're recommending that 20 MR SALMON well, unfortunately, that's 21 S6 550 00 per lot ha placed it a developer's aid aM 21 not really one of the criteria we consldea' What we look 22 construction account for futme sidewalk and saeex 22 at is the fact that it is a single family home and whether 23 unprovements on Hartlee Field Road rather than the 23 It's m the ETJ or whether it's two acres versus a half 24 applicant constructing the street and s~dewalk 24 acre, the -- it still creates the same amount of traffic 25 tmprevements 25 And so we base tt on the amount of traffic that would be Page 6 Page 8 Just for your reformation, ff the full I generated by a single fanuly home and apply tt ex enly 2 m~provernents were required and constructed, the) would 2 regardless of the size of the lot or where it's located 3 cost over $104,000 00 I'll be glad to answer any 3 COMMISSIONER ~.eIXtt Thank yot~ 4 quasttons you nught have 4 COMMISSIONER RISHEL commlssloeer Powell, 5 COMMISSIONER RISHEL commls$1oner Holt 5 I saw that your button had come on, but I chda't sec you 6 COMMISSIONER HOLT Yes, Mr Salmon, are 6 push it off 7 there other stdcwalks m the area at ail9 7 COMMISSIONER lOWELL v~th, I rook it off 8 MR SALMON I do not believe there are 8 Thank you 9 COMMISSIONER HOLT And isn't that just a 9 COMMISSIONER RISHEL commlssmners any 10 country road, baslcally9 I mean, there are no gutters 10 furtherquestmns of Mr Salmon andstaff9 Mr Salmon is 11 or -- 11 the Petitioner here present and would they like to speak7 12 MR SALMON Rll~ht, It's currently 12 Mi?. SALMON I don't know if they arc but 13 COMMISSIONER RISHEL Estate-tyl~ lots 13 they may be 14 MR SALMON Yeah, an estate section 14 COMMISSIONER RISHEL L~t me call I5 thc 15 COMMISSIONER HOLT Estate-type lots 15 Petitionex here for this Item No 7 on our _Agenda And if 16 MR SALMON mght 16 they am, would they can: to speak? No one appears to be 17 COMMISSIONER HOLT DO you know tf there 17 here Okay T'ms is an ~tem, once again for individual 18 are plans tn the City Budget to put sidewalks m m the 18 consideration so it's at thc discretion of the Planning 19 rest of that erea9 19 and Zoning Commission on what du-ecOon )ou would hke for 20 MR SALMON There arc no plans m our 20 this item to proceed 21 current Capital Improvements Program to put sidewalks el 21 I have several people that would like to 22 street unprovements tn this area 22 speak here among the Comnussloners Cc'~nm,ss~oner Keath 23 COMMISSIONERRISHEL It~sETJ 23 COMMISSIONERI~-EITH Yes, s~r Thankyou 24 COMMISSIONER HOLT It'S ET)', OknV Thank 24 I.lust - in looking m light of tlus, seeing that flus ~s 25 you 25 a very rural-type sgttlng I m very faunhur wth that PLANNING AND ZONING COMMISSION DECEMBER 19TH, 2001 Page 5 - Page 7 CondonseltTM Page 9 Page 11 As a boyI used to hunt qua~ on that comer, so tlus xs placed on deposit with r~he City -- 2 going toemam pretty much · rural ama I think the 2 COMMISSIONER POWELL Mr Chau'man, 3 hkehbeo I of a sidewalk being_ out there -- being put out3 maybe I can help 4 there, wk ~ther m two years, fi~e y~trs or ton years ts 4 COMMISSIONER RISHEL YOU put that forth as 5 very rem ~te And I move the: on th~s that we stake ttus 5 a friendly motion'~ 6 portion,: aake a motmn to the C,,6 ~,~ttee that we consider 6 COMMISSIONER KEITH Yes, SU', I do 7 staking ~ [ns requu~ment 7 COMMISSIO\'~R POWELL I believe Ws m my 8 COMMISSIONER PaSCalL whmh requmexnent are 8 moUon Because I smd a variance, ,hat's a total 9 you look tag to strike? 9 variance so there ts no $6,500 00 10 COMMISSIONERKEFH I':mlonkmgtostnke l0 MR. REICHI~T That's correct ll the requ~ :ement of $6,550 00 per lot Il cox~Misslox'Egr~rm okay I'msorry I 12 COMMISSIONER IUS~L when we finally get a 12 thdn't understand that 13 motion, vhydon'tyoubnng:hatasafnendlymot~onor 13 MR. REICHHAJ~T Okay Imean, justto 14 bnng th~ motion, one of the r~o 14 clarify you're recomm~dmg for a full vmance, no 15 COMMISSIONER KEr~ can I bnng tt as a 15 sidewalk, no money 16 motion I ow9 16 CO\I\flSSIO\~R POWELL clanficetton 17 COMMISSIONER IUS'CEL we have at least one 17 correct, str 18 more ~ aker that would hke o speak 18 CO%LMISSIO\'ER PdSHEL commissioner Ketth, 19 COMMISSIONERKEr'H okay Thankyou 19 d~dyousttltw~shtospe, ak9 20 COMMISSIONER RIS-~EL Let me COllie back tf I 20 CO\IMIS.MO\"~{ KEITH NO 21 could ,'onumssloner Powel~ 21 CO\LMiSSIO\--=~ RISHEL Any further 22 COMMISSIONER pOWELL I was ready to move 22 discussion90ka) Serene none, we have a morton on the ' 23 on tt, bt tf Mr Ketth is rea~.,, I'Ll back off 23 floor The motion was by Comnuss~oner Powell, and the 24 COMMISSIONER IUSE/L That would be fine 24 second was by Commr*.s~oner Holt Seems no further 25 COMMISSIONER pOXiELL I believe I'm 25 thscusston, please vote Motion cames forth 6-0 of the Page 10 Page 12 I pm-peril sir Mr Chauman, I vould mo~e to recommend I Comrmsstoners pre,em 2 approval of C~ty - excuse me II1 Ir}. it. again, $~r 2 The secend pa:'~ of that ~s part number B, 3 Iwould novete~commendap;ro~almthcCttyCouncfl for 3 andMr Olllette'~I!presemt 4 avanan;eofSectloa34 l l4(5) md (17) for tho threo 4 ~ MILOILLETIE. acedovetang Theappl~cant 5 lots on l iartlco F~eld Road descrY:ed as shown on the 5 -N~nd of tag off v, hat Dave was up h~ pre.s.~t~.I 6 attached tocuments for the req~'~e'~ts of mstalhng 6 sho~havc to present much more The app~[llr~nr 7 pavemel t and stdea'alk along I-L~J. ee F~eld Road frontages 7 Anders~resen~xi throe thfferent peopl~l~tmg a 8 r~omm :nded by staff 8 variance, hl~g to comg~ with the ad~r~:l. U_l .r~. ~t 9 COMMI~SIONERRISHEL ~ndthat ~s your 9 ofwater supp~df'mefiow In acc~l~ewth 34 l16of 10 morton 10 thesub&vlsmn t~Jatmr..q ~'/ 11 ¢OMMISSlOI~..~n. lOWED, please keep m nund 11 The api~ ~ his ~lr~ ~ City had 12 that I sa d a variance and not a ph'xlal vananc~ 12 menOoned that he v,a~t-¥ Pl~l~l~n/~ on bmld.'ng one 14 them a ~ ~ond? 14 there, and I'm not aware ] ~//utthhes being brought 15 COMMI$SIONERHOLT secc~a:l 15 out to the mte Other~ t\~sjust.n:quesUng~a 16 COMMiSStO~.g mstm~, a s been moved by 16 variance as an exacU~4a~ to the cost of 17 Comml sloaer Powell and seco Sn~d bYCOmmls$1°ner HOlt 17 bnng~ng the pubhc/ufil& out ~th~PS°vl.de' 18 Comml sioaer Kelth 18 adequate fire hnfd//w'~e:r supplyX~ ~xe hydrants for 19 COMMISSIONV-~rmWd yeah. I'm justifying 19 thc devel°pm~[[r/ _ ~.~k ., 20 tO figut , oat whea I can make ~', me-on on thts 20 ~lg/o6s, ~s nc'c a factor m del ~ng the 21 COMMISStO~ RISHEL xh~ would be tho 21 requu'em,~( pre,~de adequate fire sup.p~ 22 time 22 eqmpt.,y__.~p.u~.b~L.c~_.u~.~. ~-ff. lcments for the 24 teeom~ndthatffweceuldpro.'eedth~s, tlmtwestnke 24 ,~'/ coxo4ts&o~x~msnE~. Mr Odloae,~s 25 this pc~ tton of reqm~ent of h~r,~a~ $6,55000 l~r lot be 25 ~ /any--andex~at careumstences me you as a PLANNI~ B AND ZONINO COMMISSION DECEMBBR 19'tH, 2001 Page 9 - Page AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2001 DEPARTMENT. Fire CM/DCM/ACM' Jori Fortune, Phone 349-8535 ~ SUBJECT: Consider an approval of a variance from SecUon 34-116 of the Code of Ordinances concerning constructton of a waterhne and fire hydrants for the proposed Anderson Adchtion, Lots 1,2, & 3 The Planmng and Zoning Commission recommends approval (6-0)(V-01-0029) BACKGROUND: The 8 4 acres property is generally located along the southeast s~de of Hartlee F~eld Road apprommately 4,322 feet from Sherman Drive The property ~s located m the extra territorial jurisdiction of the City of Denton A 3 lot s~ngle family subd~ws~on ~s proposed The applicant Mr John Anderson representing Dr J~m Roberts and John Anderson, and Mtller Dawdge, owners of the subject property, applied for a variance of Section 34-116 of the Code of Ordinances concerning the construction of a waterhne and fire hydrants along the frontage of their development · The subject property is reqmred by the Subd~ws~on RegulaUons to install fire hydrants connected to a waterline The waterhne must be constructed along all street frontages when property is platted · These lots do not have water along the frontage or waterhnes for several hundred feet ~ · The apphcant ~s proposing to subd~wde the subject tract ~nto 2 single-family residential lots vath frontage on Hartlee F~eld Road · The appheant based the reason for the variance request on the cost for the subject improvements m comparison to the s~ze and type of development · The mount of money to construct the waterhne would exceed the cost of constructing the single-family residence The cost of the proposed bmldmg improvements ~s not a factor ~n determining pubhc safety However, the developer's cost for the waterline does not appear to be reasonable for a'smgle-famlly structure OPTIONS I Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone considerat~on 5 Table item RECOMMENDATION The Planning and Zoning Commission voted 6-0 to recommend approval of the variance PRIOR ACTION/REVIEW (Courted, Boards, Comm~ssion) The following is a chronology of V01-0029, commonly known as Anderson Acres Addition 1 DRC Date October 18, 2001 2 P&Z Date December 19, 2001 FISC~AL INFORMATION The reqmred public improvements for the waterline and fire hydrants would cost the appheant a substantial amount of money ATTACHMENTS 1 Planning and Zoning Commission Report, December 19, 2001 2 Minutes from December 19, 2001 Prepared by Assistant Fire Marshal ATTACHMENT Agenda Number- 01 0032 Agenda Item - ILTh Date 12 19 01 PLANNING AND ZONING COMMISSION INFORMATION SHEET AGENDA DATE: December 19, 2001 DEPARTMENT: Fire STAFF REPRESENTATIVE' Riek,lones Ph. 349-8115 SUBJECT: (Anderson Addttton (V01-0029) Consider makmg a recommendatton to City Counctl regarding a variance from Section 34-116 Code of Ordinances regarding construction of a waterhne and fire hydrants for three lots located on Hartlee Fmld Road approximately 4,322 feet from Sherman Drive in the proposed Anderson Additton BACKGROUND: Mr John Anderson representing Miller Davldge, Dr Jtm Roberts and John Anderson, owners of the subject property located on the southeast stde of Hartlee Fteld Road and Woodland Drive, has applied for a variance of Section 34-116 of the Code of Ordinances concerning the constmctton of a watarhne and fire hydrants along the frontage of hts development The property for the ordinance requires that fire hydrants connected to a waterline be constructed along all street frontages when property ts platted In addttlon, fire flow must be provided from the fire hydrants to meet the subdtvlston regulattons These lots do not have water along the frontage or waterlines for several hundred feet The drtvmg distance to the nearest waterline ts more than one mile from this property The apphcant is proposing to construct a one smgle-fannly restdentlal lot wtth frontage on Hartlee Field Road The appheant based the reason for the vartance request on the cost for the subject improvements tn eompartson to the size and type of development The Commtsston may recommend that this exaetton variance be approved by the Ctty Council if the followmg criteria are met (a) Crtterta for vartanees from development exactions Where the commlssxon finds that the tmposttton of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excesstve as to constttute confiscatton of the tract to be platted, tt may recommend approval of variances to wmve such exaction's, so as to prevent such excess, to the Ctty Council Watver of developmental exactions shall be approved by the Ctty Council (b) The cost of the proposed braiding improvements is not a factor in determining public safety The amount of money to construct the waterline would exceed the cost of constructing the single-family residence All structures should have access to an adequate water supply for fire suppression However, the developer's cost for the waterline does not appear to be reasonable for a single-family structure If the developer wants to construct multiple structures for this development, he would have to provide an adequate waterline and tim hydrants to meet the subdivision standard This is consistent with other developments that have been constructed within the city hm~ts PRIOR ACTION/REVIEW (Councfl~ Boards~ Commission) None FISCAL INFORMATION The required public improvements for the waterline and fire hydrants would cost the applicant a substantial amount of money RECOMMENDATION The fire department does not recommend approval of this variance ATTACItMENT 3 Plat document RECOMMENDED MOTION I move that we do not recommend to the City Council a variance of Section 34-116 be approved for the proposed Anderson Addition for construction of a watcrhne and fire hydrants Prepared by ,PE Assistant Fire Marshal 4 ATTACHMENT 1 CALLEO ~5 O0 ACRES ~ 0 5Z DEDICATION WOODLAND DRIVE ~ ROOBERT ALTON T~ULL ET UI vOLUME e,~ PAS~ ~o N 8703 LEOEN~ ~ OWNERS No Scale ANDERSON PLAT ATTACHMENT2 .... CondenagltTM Pag~ Page ~ PLAIqlqlNG AND ZONING COMMISSION Df'¢ 1 MBER 191 H, 2001 Page ] 6 Condcnsclt ~ Pagv 5 Pa~e ~hat thc slrtcta ~nd I~ s~&~alk~ ~ brought up Ia Cuy I ~ money t~ mtum~xl ~ thc tk velopcr ~ ~tb interest Page 6 l~ag~ 8 PLA~ING AND ZONING COM~SSION DEC! MBFR 19TII, 2001 Pagv 5 - Pa ~ 7 Pag~-~T Page ......... Page 10{ Page I? PLATO AND 7~NINO CO}~ISS1ON DFCI'MBER 19Ttl, 2001 Page 9 Page 8 Condgn ~¢lt~ Page 141 9 install and ~tmah~hvdrant probablvm t~rang~ of PLANNING A~ ZO~G COMMISSION DECFMBbR 19TH, 2001 Page 9 10 AGENDA INFORMATION SHEET AGENDA DATE' January 15, 2002 DEPARTMENT. Engmeenng ACM David Hill, ext 8314 SUBJECT Consider approval ora variance fi.om Seetlun 34-114(17) of the Code of Ordinances concerning sidewalks for the Alex Robertson Addition The 0 4 acre property is generally located on the north side of Ruth Street approximately 80 feet from the Intersection with Cook Street The property is zoned Multiple Family Dwelling District (MF-1) A 1 lot single family subdivision is proposed The Planning and Zonmg Commlsslon recommends approval (6-0) (V01-0030) BACKGROUND Joe Lee and Ethel Landers are the owners of the subject property located on the northerly side of Ruth Street, approximately 60 feet east of its intersection with Cook Street The City's Community Development Department applied for a variance of section 34-114, (17) of the Code of Ordinances concerning installation of perimeter sidewalk The property is being platted and it is zoned multlfaunly (even though the property is now being used as a single family residence) A new single- family residence will be constructed on the lot The subject section of the ordinance requires that Ruth Street be improved along the frontage of the development with city standard sidewalk The property will need to be platted prior to lssumg bmkhng permits The applicant bases the reason for the variance request on the cost for the subject ~mprovements when it 1s currently being used as smgle family residential and no additional development is proposed The City Council may approve flus exaction variance if the following criterion is met (b) Criteria for variances fi.om development exacUons Where the commission finds that the lmposmon of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council Waiver of developmental exactions shall be approved by the City Council OPTIONS 1 Approve full variance 2 Approve full variance with conditions 3 Approve a partial variance 4 Deny variance P~el RECOMMENDATION Staff recomn~ends disapproval of a sidewalk varmnce The rcqmrement and therefore the cost of the lmprovemen~ is not untypical for a lot in a residential area PRIOR ACTION/REVIEW The Planning and Zomng Commission recommended a full variance (6-0) at their December 19th 2001 meeting FISCAL INFORMATION The required, sidewalk improvement would cost an estimated $1030 00 ($10/ft @ 103 ft of frontage) The City will accept payment m heu of construction The C~ty maintains this money m an interest beanng account and if the improvements are not complete, under construction or foreseen to be undertaken within 10 years (of the time of deposit o£ this money), the City is reqmred to return the money to the payee(s) w~th interest ATTACHNIENTS 1 Site map 2 Plat 3 P & Z minutes Prepared By David Salmon, Assistant D~rector Engmeenng Respectfully submitted Charles Fledler D~rector, Engmeenng Page 2 PR~ RED MODRI PARK RE~C C MORSE ~ RUTH o PARK -r MCDONALD [MMONS iLK Z I SMITH z~ H~ ~ GHERT' > ~ VISTA ~ PIPING CondenseItTM ATTACHMENT 3 Page 21 Page 23 I vote d~d~ Thank you, Comm~t~on 1 City la astlng for a 3 much, CO~l~l~.,?Yte your cons~leraUon on 3 tU~ SAL~¢~ Y~ah, basically that's 4 that Scm ~o~dlf~.ns thru don't 4 correct 5 alwaysfuch sense as. we'd"~[~ll~ And at 5 _~OMMISSIChT:R mSHEL I think Mr Rctchhart 6 least ~ia move that tbrwara ~ 6 '~ould l~k~ to cJard3 here_ ~ That bungs us to Item No 8 on our Agenda 7 _O~,LMISSION~R .~OW£LL Help me out, Mr 8 And Item No 8 is consider malone a ~commmdatlon of the 8 Retchhar~ 9 City Council regarding a variance from Section 34-114(17) 9 t~,_ REICIC:-~.RT It lsa Ctty agency, but I 10 of the Code of Ordinances concerning sidewalks for the 10 don't beLcve t~e ft.~:d~ ~ are used to develop this are 11 Aloxandar -- excuse me, for the Alex Robertson Add,hca 11 t~xpayer -ands~ 12 Thlsisa 4acrepmpa'ty R'sgeaerallylecatedonthe 12 vlR. SALMCN T~'~=y are federal 13 northsidaofRuthSm:etapprox~matelyS0 footbomth¢ 13 ~tR P.~IO-~.:U'~T ~t's federal grant money, 14 intersection with Cook Street The property Is zoned 14 and they lave a cer'~.a~ a~"munt of money allocated to 15 mulU-farmly dwelling dismct MF ~ a one lot family 15 braiding ms n~w st:-.~c~ plamng the property and 16 subdivision ~s propos~ ~ Salmon vall presmt 16 such, anc ~o it ~s a ow. ~_~ncy that ts adxmmstermg 17 MR Sn[MON Thank you, Chair, membea's of the 17 those fun.s h 18 Comaussion In this pa~lcular instance, we have a piece 18 that worn. go rote c~n~".az'tmg that stdewalk 19 ofpropertyonRuthSm:~tthat'sbemgplat~edforth¢ 19 ~OXLM~SS~£N'ER_~O~LL Mr Clmtrman, tfl 20 purpose of constructing a stogie fatmly home I~. ~s zoned 20 ma) ask 1 Ir Relcl~Tt acc~ther question 21 multi family The apphcant being a commumty dav~lopmcnt 21 ~OX,L~SSlcNT~R ~dSHEL Please 22 division of the Econormc Development Department of the 22 _OXtIVaSSVN~. POXJVELL SO what you're saying 23 City of Denton has apphed for the variance du~ to thc 23 ~ tbas Cl? agemcy Ms a _':~dgetary problem9 24 cost or the added cost to bmlthng the home on ~he lot 24 va 25 We've esmnated that the sidewalk ,would 25 :O'~LMISS~ N~.A~. ~OWELL unluke, of course, Page 22 Page 24 I cost just over $1,000 00 to budd Because the variance I peoople lz the unm:~rporazed a..-ea of the County m the 2 ts being requested due to cost reasons, that makes ~t an 2 ETJ they vouldn't k-;e a budge~ problem, I guess, based 3 exact~onvartanco Because this sldewaLk would aetually 3 en~-hatvesa~vear~ertccnght It's just--It just 4 cost somewhat less than the average sidewalk for a single 4 blo~'s m.x mind 5 famdyhomemthe Clty of Denton, theeng~_neenng 5 tti~ P~IcI-z~.,,gz ldontknowffthere'sa 6 Department is not recommending approval of ttus vanence 6 ques~on n the:re or - 7 and would recommend that they put $1,030 00 rote a 7 "o',L~i~ss~ ~,T:~ _~OW~LL NO I'm afraid 8 developer's md m construction account to be held and 8 ~ere's 9 added to future s~dewalks on Ruth Street 9 'o'~EvilssY_~,~_ ~SH£L Thank you, 10 I'll be glad to answer any questmns you 10 Comamssxmer Pow~ Is there anything else'~ 11 may have I'm not sure if the applicant is here this 11 _OXLM1SSI2I,;EP. POWELL NO thank you 12 evening 12 ,zo',LvassL~r:~ ~,lSH~-L commissxoner Kelth 13 COMMIS'~IONER RISHEL Let me -- ts there an 13 ZO~LMISSJ01,,~ER. r.~IT~ SCOre two points for 14 applicant or a petitioner here that would ~ to make a 14 Com:mtssoner Pow~ V~at's going to be built there9 15 comment? See, nc none, looks lxke I have several 15 tiil ~iALM, N ~ understanding ts that even 16 Commissioner questions of you Mr Salmon Let me start 16 though tie proper~ ~ zurzeA m~itl-famlly, there will be a 17 with Mr Powell -- Commxssioner Power 17 s.ngle famly home 18 COMMISSIONER POWELL Thank you, Mr 18 ~O',~MI$S3~\TeR KEITH okay Who's building 19 Chau'man Mr Salmon, who d~d you say the apphcant Is 19 ii the~9 20 again I was confused by that 20 tm_ S, ALM.~, ~ don't know specifically 21 MR SALMON I'm sony The City's 21 x~ho's ba_6mg xt 22 commumty development thwslon, which ts part of the 22 coming f'~m a feda~-I ~,.-~t thai vail be administered by 23 economic development department, the apphcants m tlus 23 the City t~ De~ton 24 case They are fundmg the reconstruetton of this home 24 _~O',LMlSSl'NERY..E1TI- okay Isthere 25 COMMISSIONER POWELL SO nl l~hlS case, the 25 ~l)~hm~ ,ccup3ang :he l~ at tbs tune? PLANNING AND ZONING COMMISSION DEl EMBER 19TtL 2001 Page 21 - Page 24 Condms~ItTM Page 25 Page 27 1 M~ SALMON I ~ ~ lS an old I apph. auo~ for cemmumty development block grant 2 existing home there that will be torn down 2 fanang v,~neh th~ neaghborhood is, I guess, appropriate 3 COMMISSION~RKEn~ okay Soupandto 3 for ~md tins would probably be a becauze of the 4 this point, the: City could ha~n: put a sidewalk at any tm,~ 4 axis-rog s~-walk cowang down Cook Strent to Dallas Drive 5 on Its own, correct'}' 5 it w~uld seem to rc~ that an epphcation to put sidewalk on 6 ~ SALMON That'a correct The City 6 Ruff Str~'C would be appropriate 7 could have through a Capital Improvements Program chosen 7 COMMISSIONER RISHEL I understand 8 to put a sidewalk In th~s lcea~on 8 Cor:miss,cme~ Poaell 9 COMMISSIONER ~ Th~s kind of makes me 9 EOMMmSIONER POWELL Thank you, Mr 10 think of that puzzle Have yea ~er seen this puzzle that 0 Ch.--man I guess my confusion here is, if I understand 11 shows stair stops where it's constantly going in a c~rcle i at ccrrectl), one d~artment or dsvmon of the City is 12 You're naves' going up and you'r~ hayer going down That's 2 recl~ung z variance and then another department or 13 where I land of fen[ hke v,~'re going Thank you 3 dlxT~-.on of '-.he Civ. is requesting disapproval of the same 14 COMMIS~IONF~ mS. EL conumssmner Mulro3 4 van.ace You can understand why I'm confused 15 COMMISSIONER tn'L'tROY Yes, thank you, Mr 5 COMMISSIONER R[SHEL well, yeah, it's not 16 Chairman David, over the last six years, how many 6 a &--ur.-,-~t of tl~ City, it's an arm that receives 17 hundreds of thousands of dollars have we budgeted for 7 feds-al 5~r~'l,ng _regularly from the as an entity and 18 sidewalk installation thro-gh~ut the City? 8 dis'r :.rses ~at moray in multiple different projects in the 19 MR. SALMON wehavntypieallybudgeted 9 Civ. Sores- Iha~etoputUmthatconlext 20 somewhere in the rnnga of 250 to $500,000 00 per year m -0 COMVaSStON'm~ POWELL oh, I understand I 21 sidewalk improvements over tho last five to six y~rs 21 uncE-~t, an& 22 COMMISSIONER ML'LROY okay SO tho City .2 COMMIgg[ONER RISHEL sometimes If We rg 23 has a program that has been - it's been consistent over -3 tq-m~_- re Snake aa effort to do sometlung for our 24 tho six years that I'm awan~ of, about a quarter mdhon .4 neLamorhc<~d and find a way to create an mfrastructur¢ 25 dollars a year, thc City holds neighborhood me~ngs, that 25 we ~.m sc~aelimes find ways to make sure it gets Page 26 Page 28 I the neighborhood den~dss who:re they want sid~valks, wi:at s i acc,mph~-hed exeatually and meets the letter of the law 2 unportant to them Okay So ljust want the 2 and ,et srzll facflltates ways for thts to happen and be 3 Comwassioners to understand v~ do have an active program 3 goo_ for our community 4 We do have citizens' input that decides tho priorities in 4 COMMISSIONER POWELL well, If I may when 5 the different neighborhoods of wh~e the occupants would 5 yo~- -e ready, I'm ready to move on this 6 hke a sidewalk Problematic for me Is, th~s individual 6 COM\~SSIONER RISHEL 1 understand Let me 7 lot would in a sense pay for n twice Once through its 7 -- I zave _~several Commtsstoners that would hke to make a 8 tax money m the Capital Improvements Program and on, e 8 staamenr- Comrmssloner Holt 9 b~ng by itself the only side~n'alk m this neighborhood 9 COM\i~SSIONER HOLT Mr Salmon, do any of 10 So it's a difficult situation Looking back on existing 0 the -dj eLY. aug properties have sidewalks9 11 n~ghborbeods, how we apply some of our r~,ulataons, so I 1 MR SALMON NO, I don't believe Just the 12 think It's -- It's going to pro,n: to be moqmtable to ~2 auW zone. 13 this caze would be my feehng Thankyou, Dawd t3 COM\flSS1ONERHOLT Just the one on Cook [ 4 COMMISSIONER RISHEL once again, David, 4 Strut9 1 $ would you glv© us th~ -- excllso me, Mr Salmon, would you 5 _MR S s. LMON That's correct 16 love us the total amount of dollars that am involved here 6 COM\ESSIONER HOLT okay Are ther~ any 17 again? 7 sch els or any activity centers or things tn the area like 18 MR SALMON We"in: estimated that the 8 tha ~ 19 sidewalk In front of this par~cular lot would cost 9 MR S ~L.MON The closest -- I guess the 20 $1,030 00 20 clo.,.~ th,rog that I can think of would be the -- and I 21 COMMISSIONER RI~SEL Thank you, s~r 2i can ' ~ber the name of tt I apologize The school 22 MR SALMON One thlog ! failed to point 22 tha, loc'aled ox er off of Robertson and Cross Timbers I 23 out on th~ drawing is that there is an existing sidewalk -'3 thm~c It's a special -- 24 around tho auto zone store on Cook Street And aetualln 24 COM\flSSIONER HOLT Fred Moore 25 tins is tho time of year wben we're putUng t~gether 25 ~R S M-MeN Fred Moore School C~nter, PLANNING AND ZONING COMMISSION DBCEMBER 19TH, 2001 Page 25 - Page 28 Cond~nseltTM P~¢ 29 ~ ~ l yeah, would bc thc closest thing will present 5 to be consistent with thc rest of my motions l, mght ~md I 5 with the mformauoa, 6 would move to recommend approval to the C.'ty ~cd f~ a 6 meeting ~e Council 7 variance of Section 34 114(17) for the lots lo.a~ed ~ 321 7 reached 8 Ruth Street described and shown on the 9 requLremant of installing sidewalk along the Ruth ~.."~et 9 hsts two issue., that 3'ou 10 frontage as t~ecommended by staff 10 previously seen, ~ ~age 4 13 Conumssioner Powell and seconded by Corn-~lssicn:~x M~roy 13 provision e the density 15 benause that wasn't recommended by staff 5othe 15 On 16 recordation by staff was -- 16 staff 18 last three - four words, as recommended b3 ~aff 19 elmunat~ those Thank you very much for 3 ~ur be~ 19 the Cede has 21 Thank you 22 COMMISStONF. R MUU~OY However Das'~u you Further, in terms of the mappnng the 23 could change your mind .~ouned did look did not look at the ~nappmg per sc P~e 30 32 1 yes would mean gtve them the ~ ananee -o the? don have I categones, A B,C andD unv,~chthe 3 COMMISSIONER RISHEL That's what ~hat 3 Again it s 3usa a 4 would ~x,.ean, right 4 , p~esentmg to you what the 5 COMMISSIONER KEITH Thank ou 5 at thei 6 COMMISSIONER KISHEL And I m ju..~ going to 6 7 make an ethtorial I dunk that this ts an ~xcel3~nt 7 you with the massing from 8 opportumty for us as a commumty to en:oura.,ge_ m-f..i, to 8 the earlier' : do - ha~ e 9 encourage development tn a less -- an a m-~ghbarhooc that 9 provided you witk 'which staff has 10 it's mc~e to see things that we eaa help fa.uLtta~ A~ 10 received And, again re~:~0v thc comments 11 thas ~s a type of thing that I th~nk vath o~ s~ck~walk 11 from the December 4th _ w~ch w as related to 12 program that we have is adeally going to :e ~'?rovec alot 12 : a re~t~mmcndallon to City 13 the way so we have better mobflaty m tl~ are~ Ant I 13 Council to I you ~ that they should 14 would certainly like to see flus move fora as ~ae moaon 14 review any uTaest~on$ you may 15 that's been presented and I will be voting for ~.. So 15 have 16 thank you With that said, ff there's no other commmts, 16 x Keith 18 didn't l~glster So, Commissioners, plebe, vt, ce TSmk 18 Powell : that ~,~ ,~o~ ~ a f'mal draf~ 19 you, Commissioners The motion came- 6-0 of the 19 x 21st So what we ha~e tn th~s ~ not 21 [1 move us 21 Ma 22 23 Item NO 9 : a ch~aon ::nd COMMISSIONER KEITH 24 COUa~J. or accurate, correct~ It's.lust a draft l AND ZONING COMMISSION DECEMBER 19'FH, 2001 Pag 7 AGENDA INFORMATION SHEET AGENDA DATE. January 15, 2002 DEPARTMENT: Engineering CM/DCM/ACM: Dave Hill, 349-8314/~'l SUBJECT Consider adoption of an ordinance authorizing the C~ty Manager or lus designee to abandon a port~on of Martin Street and execute a Qmt Claun Deed to Habitat For Humamty for a 0 078 acre tract, located m the A Hall Survey, Abstract Number 623, Denton County, Texas, and prowdmg an effective date BACKGROUND In 1969-70, the City of Denton paved Murtm Street In conjunction w~th the paving project, property owners along Martin Street and the surrounding streets were asked to formally dedicate the r~ght-of- way of Martin Street Up untd that tune it was presumed that Martin Street had a gravel base or possibly dat. The dedication instrument that was executed m March of 1969 contained an erroneous d~stanee call to a formal abstract survey corner The survey corner m question hes on the northern bank of Pecan Creek and the subject tract hes on the south s~de of Pecan Creek, wbaeh lends some ewdence that it was probably not surveyed on the ground, g~ven the technology of the tune The dedleat~on of Martin Street should have occurred about 23 feet north of where ~t occurred on paper Habitat for Humamty of Denton has requested the approval of a part~al abandonment of Martin Street for tbe~r proposed Hill Addition, Phase II, Block 1, Lots 4 & 5 During Habitat's platting process for the lots along with the associated formal "on-the-grotmd" surveying the error was brought to hght Ttus request has been subnutted to the Development Rewew Comnuttee and there were no objections to the abandonment The contmuatxon of their plat-ting activity is contingent upon the outcome of the subject abandonment request, pursuant to the Development Review Conmuttee comments Habitat for Huw~tmty of Denton proposes to develop two detached single farmly homes on these lots, the property is currently configured as three lots The City of Denton's interest are not nmtermlly affected by tlus abandonment, ttus ~s merely a reconclhatlon of an error from the past OPTIONS 1 Approve the abandonment, or 2 Denial, or 3 Table for future eonslderaUun RECOMMENDATION Staff recommends approval of the abandonment ESTIMATED PROJECT SCHEDULE Spnng of 2002 PRIOR ACTION/REVIEW Development R. evlew Committee - November 15,2001 FISCAL INFORMATION No impact ATTACHMENTS ~ Location Map ~ S~te Map ~' Draft Ordinance } Qmt Clmm Deed epared by Pamela England Real Estate Speclahst Char e~ F~edler, Director Englneenng Department SITE WILSON LOCATION MAP I SITE MAP HILL ALLEY ~~ r~etr~plex Su~ey~ng, Inc. ~40 $8~ 050~ ~ ~ ~1¢~0~, ~fi~TO~, T~X~8 78~0~ In~o~m~rool*~u~m~ eom ~ ~ o~.1~ a"~ ORDINANCE NO AN ORDINANCE VACATING, CLOSING, AND ABANDONING AS PUBLIC STREET A PORTION OF MARTIN STREET BETWEEN HILL ALLEY AND JACKSON STREET, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A QUIT CLAIM DEED CONVEYING THE ABANDONED RIGHT-OF- WAY TO THE ABUTTING OWNER, HABITAT FOR HUMANITY OF DENTON COUNTY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Habitat for Humanity of Denton County has made a request to the C~ty Council of the C~ty of Denton, Texas to close and abandon certain portions of Mart~n Street m the C~ty of Denton contmmng approximately 0 078 acre of land as more particularly described m Exhibit "A" attached hereto and made a part hereof by reference (the "Property"), and WHEREAS, the C~ty of Denton Eng~neenng Department has rewewed the Property and determined that ~t ~s excess right-of-way that was originally dedicated ~n error and ~s not needed for future street purposes, and WHEREAS, the C~ty Council hereby finds and determines that the Property ~s not needed for street purposes and ~t ~s m the pubhc ~nterest to abandoned the Property and qmt clmm the C~ty's ~nterests therein to the abutting owner, the Habitat for Humamty of Denton County ("Abutting Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION 1 The C~ty Counml hereby abandons the Property subject to the right of any ex~stlng utilities w~thln the Property, ~f any, to continue to locate and operate thereto (the "Utlhty Easement Reservatmn") and further subject to final plat approval of of the Abutting Owner's abutting property for single family residences Upon such final plat approval the City Manager, or has designee, ~s authorized to execute a qmt clam deed to the Abutting Owner for the Property, subj eot to the Utlhty Easement Reservation SECTION 2 Th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED this the day of ., 2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM .~~ff~A,,O~Y (/ Page 2 S \Our Documents\Ordinances\01 \Habitat Martin Abandonment doc EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE A HILL SURVEY, ABSTRACT NUMBER 623, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING A PART OF A TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 582, PAGE 654, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A I/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO HABITAT FOR HUMANITY, RECORDED IN VOLUME 4600, PAGE 1276, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 14 DEGREES 36 MINUTES 48 SECONDS WEST WITH THE WEST LINE OF SAID HABITAT TRACT, A DISTANCE OF 72 34 FEET TO THE SOUTHWEST CORNER OF SAID CITY OF DENTON TRACT AT POINT-OF-BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE NORTH 14 DEGREES 36 MINUTES 48 SECONDS WEST WITH THE WEST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 15 74 TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849, THENCE NORTH 82 DEGREES 31 MINUTES 54 SECONDS EAST, A DISTANCE OF 58 28 TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849, THENCENORTH 89 DEGREES 41 MINUTES 17 SECONDS EAST, A DISTANCE OF 95 83 TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849, THENCE SOUTH 45 DEGREES 09 MINUTES 22 SECONDS EAST A DISTANCE OF 7 05 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849, THENCE SOUTH, A DISTANCE OF 18 36 FEET TO THE SOUTH LINE OF SAID CITY OF DENTON TRACT, THENCE WEST WITH THE SOUTH LINE OF SAID CITY OF DENTON, A DISTANCE OF 154 65 FEET TO THE POINT-OF-BEGINNING, AND CONTAINING IN ALL 0 078 OF AN ACRE OF LAND, ,/ QUIT CLAIM DEED THE STATE OF TEXAS ~ § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT the City of Denton, Texas, a munlcmpal corporation of the County of Denton, State of Texas (the ~Grantor"), in consideration of the sum of Ten Dollars and No Cents ($10 00) and other good and valuable conszderatmon zn hand pamd by Habitat For Humanmty of Denton of the County of Denton, State of Texas (the ~Grantee"), the recezpt of which ~s hereby acknowledged, does by these presents, QUIT CLAIM unto Grantee, · ts successors and assigns, all ~ts right tztle and ~nterest ~n and to that certazn 0 078 acre tract or parcel of land lyzng and being situated mn the A Hmll Survey, Abstract Number 623, C~ty of Denton, Denton County, Texas, being a part of a tract described zn a deed to the Cmty of Denton, Recorded ~n Volume 582, Page 654, Deed records, Denton County, Texas, and bemng more partmcularly described in Exhibit ~A" and ~llustrated mn Exhibit "B" attached hereto and made a part by reference (called the ~Property") TO HAVE AND TO HOLD all of Grantor's rzght, tmtle and · nterest zn and to the Property unto the Grantee, zts successors and assmgns forever, so that neither Grantor nor mts successors or assigns shall have, claim or demand any r~ght or tmtle to the Property or appurtenances or any part thereof Wztness my hand, thzs the day of , 2001 CITY OF DENTON, TEXAS By M~chael A Conduff City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON § Thls instrument was acknowledged before me on , 2001 by Michael A Conduff, City Manager, City of Denton Notary Public, zn and for the State of Texas My Commission Expires After Recording Return To Paul wzlllamson Real Estate & Capital Support Manager Engmneerzng and Capital Projects Division Engineering Department City of Denton 601 E Hzckory Suite B Denton, TX 76205 EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE A HILL SURVEY, ABSTRACT NUMBER 623, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING A PART OF A TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 582, PAGE 654, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRiBED IN DEED TO HABITAT FOR HUMANITY, RECORDED 1N VOLUME 4600, PAGE 1276, REAL PROPI~RTY RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 14 DEGREES 36 MINUTES 48 SECONDS WEST WITH THE WEST LINE OF SAID HABITAT TRACT, A DISTANCE OF 72 34 FEET TO THE SOUTHWEST CORNER OF SAID CITY OF DENTON TRACT AT POINT-OF-BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE NORTH 14 DEGREES 36 MINUTES 48 SECONDS WEST WITH THE WEST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 15 74 TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849, THENCE NORTH 82 DEGREES 31 MINUTES 54 SECONDS EAST, A DISTANCE OF 58 28 TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849, THENCE NORTH 89 DEGREES 41 MINUTES 17 SECONDS EAST, A DISTANCE OF 95 83 TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849, THENCE SOUTH 45 DEGREES 09 MINUTES 22 SECONDS EAST, A DISTANCE OF 7 05 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849, THENCE SOUTH, A DISTANCE OF 18 36 FEET TO THE SOUTH LINE OF SAID CITY OF DENTON TRACT, THENCE WEST WITH THE SOUTH LINE OF SAID CITY OF DENTON, A DISTANCE OF 154 65 FEET TO THE POINT-OF-BEGINNING, AND CONTAINING IN ALL 0 078 OF AN ACRE OF LAND, AGENDA DATE: January 15, 2002 DEPARTMENT Planmng Department ~ CM/DCM/ACM: David Hill, 349-8314 SUBJECT - SP00-0017 (Lexmgton Park South) Consider approval ora resolution approving a Residential Project Plan for Lexington Park South The 38-acre prop,try ~s m a One Family Dwelhng (SF-10) zomng d;stnct generally located on the west side of Teasley Lane approxnuately 2,200 feet south of Robinson Lane A 78 s~ngle-fam~ly residential subd~v~smn and 3 open space lots are proposed BACKGROUND The applicant proposes to develop a residential subd~wslon of 78 homes and 3 open spaces on the subject property Another 11 3 acres of the subject property is proposed to be dedicated as open space to be mmntalned by the home owners association and possibly by the City of Denton The proposed density ~s 2 09 umts per gross acre Development of the s~te w~ll be subject to the requirements of the interim regulations for residential development (Ordinance No 2000-046) As such, a ProJect Plan ~s mqmred to be submitted for rewew and approval by City Councd The property is located within the "Neighborhood Centers" and "100-Year Flood Piton/Environment Sensitive Areas" future land use area of The Denton Plan The proposed development is consistent w~th the ~ntent of The Denton Plan The northern portion of the subd~wsmn was approved prior to the adoption of the ~ntenm regulations An average of 30 trees per gross lot acre w~ll be achieved on the s~te allowtng for a 10% reduction ~n the reqmred 10,000 square foot lot size A port~on of th~s property ~s contmned w~thln a 100-year floodplmn as defined by the Federal Emergency Management Agency (FEMA) The apphcant has submitted for a Certified Letter of Map Revision (CLOMR) from FEMA ~n order to change the location of the floodplain The proposed Project Plan meets all the restnctmns and reqmrements of One-Famdy Dwelhng (SF-10) zomng All the techmcal requirements of a ProJect Plan have been met OPTIONS 1 Approve as submitted 2 Approve w~th condltmns 3 Deny 4 Postpone consideration 5 Table ~tem 1 RECOMMENDATION Staff recommends approval of SP00-0017 with the conditions that the "open space easement maintained by H O A (Home Owners Assocmtmn)" for Lot 6X, Block M does not fully contain the proposed detention pond as md~cated by the separate "proposed detention pond" plans which show lots 4, 5 & 6X as detention pond Revised Engmeenng plans w~ll need to be completed and approved by Engineering to alter the configuratmn of the detention pond on lots 4, 5 &/or 6X The detention pond as approved by Engmeenng will be constructed by the developer, dedicated to and mamtmned by the City of Denton ESTIMATED PROJECT SCHEDULE This property is not platted and needs to be platted before any development can occur A preliminary and final plat,has been submitted on the property to the immediate north known as Lexington Park PRIOR ACTION/REVIEW The following ~s a chronology of SP00-0017, commonly known as Lexington Park South Application Date - November 10, 2000 DRC Date - November 16, 2000 October 11, 2001 FISCAL INFORMATION None ATTACHMENTS 1 Locatmn Map 2 Draft ReSolutmn Prepared by Developmoht Rev'tew Mahager Respectfully submitted Director of Plying ~d Development 2 ATTACHMENT 1 SPO0-O017 (Lexington Park South) PD " )N PD' A PD ----'-' ~ ~ SF-IO A SF-7 PD Scale None LOCATION MAP ATTACHMENT 2 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROViNG A RESIDENTIAL PROJECT PLAN FOR LEXiNGTON PARK SOUTH, iN A ONE FAMILY DWELLiNG (SF-10) ZONING DISTRICT, BEiNG AN APPROXIMATELY 38 ACRE SITE GENERALLY LOCATED ON THE WEST SIDE OF TEASLEY LANE APPROXIMATELY 2,200 FEET SOUTH OF ROBiNSON LANE, AND PROVIDiNG FOR AN EFFECTIVE DATE (SP00-0017) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-046 which established certain residential interim regulations (the "Residential Interim Regulations"), WHEREAS, the Residential Interim Regulations established, among other things, a project plan requirement, and WHEREAS, the owners of an approximately 38 acre tract ofland zoned one-fatmly dwelling (SF-10) and described as 37 8 an the Ell Pickett Survey, Abstract No 1018, in the City of Denton, Denton County, Texas, have made application for approval of a project plan under the residential interim regulations, a copy of whmh is attached hereto as exhibit "A" and made a part hereof by reference (the "ProJect Plan"), and WHEREAS, the City Council finds that the ProJect Plan, with the condttions imposed herein, if any, meets the requirements of the Residential Interim Regulations NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Project Plan is hereby approved with the conditions that the "open space easement mmntalned by the Home Owners Association" for Lot 6X, Block M does not fully contain the proposed detentaon pond as intimated by the separate "proposed detention pond" plans which show lots 4, 5 & 6X as detention pond Revised Engmeenng plans will need to be completed and approved by Engmeenng to alter the configuration of the detention pond on lots 4, 5 &/or 6X The detention pond as approved by Englneenng will be constructed by the developer, dedicated to and maintained by the City of Denton SECTION 2 This resolution shall become effective immediately from and after its approval PASSED AND APPROVED th~s the day of ,2002 EULINE BROCK, MAYOR Page 1 of 10 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ~TTORNEY Page 2 of 10 Exhibit A Page 3 of 10 Page 4 of 10 Page 5 of 10 Page 6 of 10 Page 7 of 10 Page 8 of 10 Page 9 of 10 Page 10 of 10 AGENDA INFORMATION SHEET ~ ~ --~ AGENDA DATE' January 15, 2002 DEPARTMENT. Public Transportation ACM Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider appointing a first and second alternate to the Interim Executive Committee of the Denton County Transportation Authority BACKGROUND HB3323 recently passed by the Texas Legislature allows the creation of transit authorities to provide pubhc transit and transportation services in counties that are adjacent to a county with a population of one million or more The commissioner's court of a county may lmtlate the process to create the authority The Denton County Commissioners approved a resolution to create a transit authority on September 4, and a public hearing was conducted on October 15 The process included the commissioner's court adopting a resolution designating the name of the authority, defimng its junsdictl0n, and stating that the authority be established only after it is confirmed by election The various governing bodies in the county have created an interim executive committee consisting of fifteen representatives On October 23, 2001, the City Council appointed Mayor Brock to the Interim Executive Commtttee To ensure sufficient attendance by board members and the abthty to have representative voting, the Interim Executive Committee by-laws allow for alternates to represent a board member in the event o£the board member's absence The alternates are to be pnormzed as first and second so as to limit any confusion on voting authority RECOMMENDATION Staff recommends that the City Courted appoint a first and second alternate to the Interim Executive Commit-tee of the Denton County Transportation Authority FISCAL INFORMATION There is no fiscal impact to the City Respectfully submitted Jon Fortune, Assistant City Manager Pubhc Safety and Transportation Operations 1 ~~ , HANDOUT DENTE. N BIBLE ADMINI~ON /~ F~ J~ua~ 3, 2002 P~NNING & DEVELOPME~ ~ Douglas S Powe~ D~ecto¢ o~ Pl~g ~ Development C~ o~ Denton 221 E~ Demon, Texas 76201 ~ ~ ?42 ac~e ~ac~ 9 77~ acee ~act, ~a 22 294 ac~e ~act m ~e SU~Y, ~S~CT NO 773 TO DENTON COUNt, Dea¢ ~ Powe~ Denton ~ble Ch~ch pu~ch~ea ~e above ee~e~enccd ?42 ente~e~ into a Gm~ ~ase ~ ~e intent to buy ~e 22 29~ac~¢ ~act ~as acqm~ea ~ ~e mtenaon of exp~g ou~ current fac~aes ~d ~e cons~c~on of a n~ s~c~, S~day S~ool c~ss~oo~, c~aca~e church uses Unae~ ~e p~o~sea =orang change ~e p:op~ w~ Become N~-3 a pe~t~ea use, schools and c~dca~e ~a~ues a~e o~y a~aon, ~e m~um lot cove~e, m,n m~ lan~scapc~ a~eas ~d b~ he~ht ~es~caons m N~-3 ~o not appe~ m ~e ~de~atc m ~ow ~o~ ~¢ ~e needs o~e Cha~ch Spem~c~y, one of~e p~oble~ ~ae~ ~e N~-3 ~eqm~ed p~ fo~ a new s~c~ ~¢~ a 45% lot coverage ~muon ~& a 55% ~mum ]~ascape~ a~ea ~e~ement Sasea on ~e above, Denton ~ble C~u~c~ ~s as~ng ~e proposed zo~ m N~U wNch ~ better ~t ~e Church's ~e plms to se~e o~ ~o~g coniston Please do not hestmte m contact me shoed you have any quesuo~ I look fo~=d to wor~ng ~ to con~ue to make Denm= &e best posstble place to bye, ~o~ worsNp, md play Sincerely, E UNIVERSITY · DENTON · TX · 76209 · 940/383 2115 940/565-9380 .FAX · DBCODENTONBIBLE.ORG SW CORNER OF LOOP 288 & SHERMAN DRIVE - (24 Acres) Th~s preperty is located across Loop 288 from the proposed Water Park The other 2 corners at this intersection across from th~s property are zoned CM-G, (one comer is 10 acres of CM-G, and the other corner ~s 25 5 acres of CM-G) Th~s SW comer (at the Loop and Sherman) is a tremendot, sly bigger corner than the comers at Stuart and the Loop However Stuart a~d the Loop (a smaller comer) is proposed to have NRMU on the comers Planmng Staff 0n 1999) recommended ~n a wntten report ~at 11 acres of th~s SW comer of Loop 288 and Sherman Dnve be zoned com.'nerc~al also Th~s c~orner Is the safest corner for neighborhood services such as retail, offices and a grocery store because ~t Is on the "going home" comer People dnwng home from work will be able to make a nght turn ~nto the property and a right turn out The other comer would be dangerous for a grocery stcre and shopping area because people would have to make a left turn in and and 'eft turn out Th~s would cause more accidents and more traffic congesbon Th~s prope, rty is currently an existing planned development that allows multifamiPj. The proposed zomng for this property is NRMU-12 (for the and fronting Loop 288) and NR-6 for I am requesting that the land fronting Loop 288 at th~s cornsr be zoned NRMU instead of the proposed NRMU-12 Th~s ~s only a 1 district jump for this land (fronting Loop 288 at the SW corner of Sherman and the Lcop) I am also requesting that the south port~on of this property be also zoned NRMU ~nstead of the proposed NR-6 This is only a 2 d~stnct jump for the so~.h port~on of the property The NRMU zomng requested ~s considerably less intense tran the CM-G zoning on the other corners of this mtersecbon It ~s also less than .me commercial zoning recommended by the planning staff m 1999 I am nc'. requesting any change on the proposed CM-G zoning on the 3 acres on th-3 hard corner of th~s property 3021 N ~-onl-li~ara~ Derd=n, -X '/~7 JanLlar~'l, 2002 Mr Doug Powell, Director Planning & Zoning Department City Hell West 221 N Elm Denton, TX 76311 RE Requested zoning change/~le~ohborhocd Res~:antia~ ~st"c~ For Tuesday night Council Workshop, Ja~ua-j 1 Dear Mr Powell. I am one of several residents who aro in agreement to cahaL%'e ~e p~po==~ k~-2 z~ng on our individual pmpertJes to NRMU. Whde each of our properties are ~urmntly zoned "Agncult~'a' and ~-=ry ~ ~-,e. ~ c~-nbined and related whole of our araa Is rapidly changing the needs and larc uses =f a.~- ama_ Notably, the .cent purchase by UNT of the former,T_~exas -m"rassi0n on Bonnie Brae of Retail Rna omar man ~'~ onto~north Bonnie Brae, a four-lane pdmary artenal st"=et. Bom,~e Er--.= ,~i[ me~aDly become a primary direct route from "UNT north campus at 288. to t-e v,~s;~=rr,.'m=st edge of the main UNT campus and housing areas It appears logical that ~ a ~ sl,~.,~.tm,=, this street w~ll ilelgnaomoaa= g; u m w~, ~, ~,,,,-,,-- Brae an other business services in the aroa We note that on the east side of Bonnie Brae, dlractly ac.'css the st=et ;l,.,.~ o.r ;properties, the zoning is :to be NRMU-12 The NRMU-12 zoning goes nor~ to ~e ==st/v4r=~ F:r~on of Riney Road, then continues where RIney Road drops south to corr,=ct to section of Riney Road is sorely lacking in design, v~'~h, and w~gi~-~ ~ to sustain and carry heavy traffic loads for commeraal-uea or On the north side of the east/west portion of R~ney Road, a;pt~:~arr-=mly 4~: ac--~ of land is to be zoned RCC-D, This Is the heaviest-use zoning of the Reg[<:~l t~xed L.~e ~emters and about 200 feet from our northern edge of NR-2 zon~g! .., ,,.se th. Pla,.ad __ _ .s A large ae~on of the northern side o~mis ~,u .was .gran_ma These uses under our old zoning would most c~ose~/a~gn district {Please see copy of former zoning uses, attached) Because of the proposed and approved (on the PD) land uses ~Ja~ a~ct and a'~ ~n c~m.ct .~.o,.,,.... ............ ir1. for p pe ~m'prahenslve Plans' goal to provide a variety of serves nelghborhond PageTwo January11,2002 The following residents a~= submltl3ng cards and reque~ Johnend Don31t~Smi~ 3309N Bor~ieEme PH 387-6019 AND 3321 N Bom3ie Erae Mr. and Mrs WaElace Duke 3315 N aonr~a ~ae PH 382-8829 JoyceA Po~e 3021 N Bom3'leErae PH 382-9~62 Ericend Male Fr, allerlon 3015N Bonn~eE~ae PH 568-1831 A ...... a ----rate --acket are requesad ccm'ectcns and/or changes noted in Iso being suDmnzec ~n ~ p , _ the Nelgl~3orhood Easid~ant~ district 'defined useS ~ ~ -reel a-e reasonable and appropnate for this district. Your consideration and approval of the requested cha~es ~n ~a~g and uses are most appreciated Attachments pdt1 t5 fi:3otl~nt Zonlrg r~ut~ons that apply t= PDt1'-= CC Members of Co. mc~l, C~J of Denton I REQUEST FOR THE FOU.OWIIG CORRECTIONS I CHANGES IN THE NEIGHBORHOOD RESIDENTIAL LAIID USE CATEGORIES and to offer eml~oyment oplxxmrm,~. ~ -~ ~ ,--',,,'--' ~.- CATEGORY Dl~<lU ~ r~,,'~u TO RATIONALE 8ingle Family NRMU 14 p Note ' .1~._;;;~ above _~,_~_qess" is A penniited use and these would be Dwelling single family dwelflngs (each) Sale of Products ~ NRMU-12 _and N p R~;; --~---~ & 8e ..ryder___ are a )ermiited func~on in th__-~e_ districts Grown on Site NRMU It v/~l allow neighberhood access to this is an allowed use In Commercial Zoning seotJon of Smith pDtt115 Professional NRMU-12 p p 'L.15 i;,,;:~ to ~ SF 'per lot', L14 Sawlces and 0.15) (L14~ allows 10 gloss SF. whic~ is more reesonal3te for this distflot AND L14 OIIT_ _,~_ is the size aflowed for Rotall Sales & 8vcs ues ceteoory in ins disinct ~.dmlnlstra6ve or NRMU-12 N p ~'~'~, UNT t;~;q) into the Research {L14~ Texas instruments site, this type of ]se is reasonable for beth NRMU or Facilities NRMU-12 _ '-NOTE Correction ---Brcedc;astm; of ~ This catego~ should be allowed in in Category Produot~xt 8~[o' O1~ both NRNIU-12 and NRMU P3=duc~on Wording 8elf-Sewk:e NRMU-12 and N p This will be &llc,~;;ed in the nearhy Storage NRMU ($UF~} CommerdalzonlngofPD115 Our Comprehensive P',an is calling for '~e storage' of boats and ~n~ational vehicles In SF-5 lot sizes AN_._.EEDED service _____ _ "Kennels-"--' NR-1 a~-'--' p -- p ~ Compmhenalve Plan Comm~ee NR-2 L37 ($UIP) had aPlxoved the L14 designation Lt4 : to NOT limIt the use to only 5 acre parcels but It limits the size & number of kennel runs allowed, which worked better in a neighbo~ood ama with less than 5 ~ NRMU-12 a---~-- N ~ This ,se would be pen~ittnd In the NRMU ($UF~) PD115 area of Commen:ial uses Veteflnap/CIl~ ~ - N -- p Just as in 'Kennels' above, Veter~napJ Clinics will sewlce the neighborhood and needs to be allowed In both the NRMU-12 and NRMU dist]fois Also, It will be allowed in the Smith PDl15 PAGE TWO January 11, 2002 (CorrectionUChanges to ~lell;hbofnood R~:tde~tlal uses) The following landoanera;~xes~ents reqJes21he above con'ecflons/changes to allow services and reasonable s;[e I._~_.~..E ADDRESS PHONE ( M 0 U .001. 03SOdOUd) ZONING ORDINANCE CITY OF DENTON 'l"als booklet is a reprint o[ the Zoning Ordinance, a z)ortzon or the Code or Ordinances o! the City or Denton. DENTON CODE § 35-77 X DESIONATES LSE pERMITI~D ~ DISTRICT I~'~)ICATED h DESIGNATES USE PROHIBITED E/DISTRICT INDICATED S DESIGNATES USE ~LA~ BE APPI~OVED AS SPECIYIC USE pERbIIT, SECTION 35-106 ET SEQ *Note~See Ordm~Luce L%O 85-156 ~bach ~rmlt~ the use dcertaJn residenhal wes m nonresidential application for n building permit Is tnate on or before Decen~ber 31, 1988 2516 Supp No $ ZONING § 35-77 Supp No ~ 2517 § 35-77 DENTON CODE ,b~.ABLE PRiYATE CI,L'B S S S S S $ $ S S x ~ I S x x x x THEAT~:& ORr~E I~ S ~ S X X X X Supp No $ 2518 ZONING § 35-77 t tit I ' Supp No ~ 2519 § 35-77 DENTON CODE Supp 1%o 5 2520 ZONING Supp ~o $ 2521 DEVELOPMENT CODE COMMENT PLF~-~SE PRINT ALL INFOILMA'I ION Stte/Prolectaddre~s~ocauon) ~O,ZI k3 {~CXO{5,w Ott,_O-~/ ProlectName COMMENT Please tetnrn all fo~m* to Development Code ~ N Elm Denton, TX 76201 DEVELOPMENT CODE COMMENT PLEASE PRINT ALL INFORMATION Date COMMENT Please temm all fo~* to Development Code 221 N Elm Denton, T~ t~ tNt< DEVELOPMENT CODE COMMENT PLEASE PRINT ALL INFORMAI ION NAME S,te / Ptolect Addre$~ ~oca.o.) ~/ COMMENT Please return all fotma to Development Code 221N Elm Denton~ TX 76~1 PLEASE PRINT ALL INFORI~DXTION Cl~ ~6~[ State ~ ZIP 7~'~7 Emall Site / Project Addrea* ~ocaUon) Prolect Name COMMENT Pleaae ten~m all b~ to Development Code 221N Elm Denton, lX 76201 '1 DEVELOPMENT CODE COMMENT PLEASR PRINT ALL INFOI~IATION D'ue COMMENT Pleas~ ~e~m ~ fo~s ~o D~wlopm~p~Code 221 N Elm Demon, TX Fmmal Requeq For ?onmg (. hange llu~ ss for the properly kn(mn as 3015 N 13omue lime I)enton I x 76207 Also known as Moacle Farms 1 he lequested zoning ~s NRMU ] he reasons ale LOCfitlOO O11 fl Illfllor nllellal fotfle actors qleet flora SIIIlllnr 7oBlag (see mill)) around Rlnev road nnd nero Ihe Noflhlflkes fec~entmn area 1 lus properly ~hould zooe lugher lhan Rmey road, xduch ~s ~o nnmm ~l bmelv qunhfies as a road Adlacenl Io the Smflh luope~lv ot which the m,lhern pml ts plalled and approved for commercml and office use and ~xfll no doubl be NRMU ot lugher 2 Wllh tile purchase by UN I ofll,e I I propeftx Bom,e Brae wdl no doubl become fl malor mtlle belxxeell Ihe campuses c~eatmg lhe need for more basme~s Iype zo,,Ig belxxeen the two campuses 3 Ihegenl and hlqlollc8} u~e as lhele is no aguculluml ~(mmg m the dew plaa NRMU ~ o~ ~hoakl belhe clo~eq match DEVELOPMIgNT CODE COMMENT CO~ ~eJe lei ~ Jo~i lo D~elopm~t ~e ~. ~ ~ton~ ~ ~ r .~"l I- ' ' ' ~ ~, MEMORANDUM TO Planning and Develop-~t Dep~,.~ent- City of Denton FROM Bryan S D~clcson DATE 11 Jan 2002 SUBJ Request for Re-Zone c~ 810 _~nderson I request that my property at 810 An&rso~be zoned NR6 m order to budd a duplex The curcumstences of ttus request are as follows · In March 2001, my single fan~¥ h,.~,~e k~cated at 810 Anderson burned down It was a complete loss · I approached the oty of Dentin ut _Apr2 2001 to begin the rebtuldmg process I was told at that t~me by the oty that my prop~.-rty ~'as zoned 2 farmly I was also told that since the lot was '50 wade and the nummum was '63, I ,would have to request the city "grandfather" my lot * I proceeded with the process o:. reb~dmg a duplex based upon the city's input. o I hued an architect to ~--aw ?lam for a duplex o I put the pro~ect to bid md r~..cerred 25+ bids from subcontractors o I contacted the bank fo:. a ccar~tr-.ct~on loan (tentatively approved, strll not executed) o I had the lot excavated o I paid for a sod test/r~tort o Ihad afoundal~on plat:co,, ,~det~i o I had research done to yen__~l-ha: the lot had been memstence smce 1938 to avoid a re-plat o I've spent a total of $9,'.-143 6..a ou+ of my own pocket thus far · In November 2001, I apphed for ~' v~ance to grandfather the '50 wadth I was told by the Planning and Developmont De. pa,~.~ert that the caty had made a rmstake and that my lot was really zoned commeroal I ~,'as l'~.uthlr instructed to change my request from a variance to a request for legal non-conform.--,g · The Planning and Developmmt E~erp~_-tment approved my request on Nov 16, 2001, but for smgle-farmly use Despite tie fae~ tl~t my neighbors are all zoned 2 family, the depa~'Laxent explained that they could not :hart~e~ t?re zoning to 2 family The board was sympathettc to my situation and stated that they ~, ould ch~ge It ff they could, but were helpless to do so · I met with Larry Relchhart tocay, ]'~n 1I, 2002, and he suggested I submit a Development Code Comment My Anderson Duplex prolect ~s appr:achirag ~ first anmversary All along, I've tned to abide by the City of Dento, n's rules and regulation_~. It 1-~ been a long road Please approve my request so that I may begin conslnichon. SW CORNER OF COOPER CREEK AND SILVERDOME - {'23 Acres) This property is on the mad (Cooper Creek) that goes to Safety Clean Th~s Is the land adJacent to a mobile home park to the north Most of the land to the northeast ~s zoned NRMU and NRMU-12 The extension of W~ndsor v~'l]] be the south boundary of this property I would like to request NR-12 zoning for this property This ~s a 2 d~stnct ~nc~ease in zoning CII3r {3 ~' 'Famili Hell g Fam " December 14, 2001 Mr Larry Re]chhart C~ of Denton A_~-~tnt D~rector of Plnnnlng C~ Hall West 221 N Elm De.on, TX 76201 Dc~r Mr. Re]chhart Th.s letter ts to request that the Cra/Council approve a zormg change as part of the C~ty Of Denton Development Code The approx~nateh..27 ~ tr~."t has proposed zoning of I~CR-2 ~'e request a rezonmg from NCR-2 t~. ~ ~i~ ell that ~ tract vail develop as part. of~he Mockingbird Road McI~ssack~Resi6~mt~ S, dditior~ currently under request to De xezoned to $F-7 on December 15~ It should also be notec that the 27 acre tract ts located to the south of areas w~th proposed zopmg of NCR-4 ~,'e apprecmte your ass~mce wr~h thru matter Sincerely, Ecl Mglicbe. mp NW CORNER OF SHERMAN AND HERCULES - (60 Acre$~ Th~s proposed zoning of th~s property ~s zoned NR-6 This p'ope~j ~ adjacent to the property at the SW comer of Loop 288 and Sherman I ~n r~qu~st,ng that the portion of thJs property nearest the comer of the Loop 2E8 ar-~d $~erman ~ntersechon be zoned NRMU This ~s a 2 d~stnct jump ThJs would "fill out" the requested NRMU corner to have the proper c~nfigurabon for the future development of neighborhood grocery store/shoppi'mg srea services CITY OF DENTON MERCHANTS' ASSOCIATION P. O. BOX 687 DENTON, TEXAS 76201 940-382-5548 Janua~ 11,2002 Denton C~ty Council cio Mr Raymon Redmon 1029 E' H~ckory #A Denton, TX 76206 Dear Council Members We are very concerned w~th the new zoning ordinance In the last few weeks, we have attended varloua city meetings concerning our specific zoning Even though we have been told we w~ll be grandfathered in, th~s will hamper our ability to do bus~ness and expand as needed as well as devalue our property Th~s land has been Industrial s~nce the 1940's, 1950's, and 1960's and we feel ~t should remain so We are not asking for anything that has not been done for the Forth Worth Drive businesses and several other business areas In town We want zoning for bus~ness, as it now exists, not as the new zgnlng proposes Therefore, we feel we should have the same concessions For all the above reasons, we want to keep the zoning as ~t presently exists We do not support the new proposals Thank you for your consideration ~n advance Sincerely, we the undersigned z~o z o~ o o~ ~