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HomeMy WebLinkAboutOctober 15, 2002 Agenda AGENDA CITY OF DENTON CITY COUNCIL October 15, 2002 After determining that a quorum is present, the City Council will convene in a Work Session on Tuesday, October 15, 2002 at 5:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Requests for clarification of consem agenda items listed on the consent agenda for today's City Council regular meeting of October 15, 2002. Following the completion of the Work Session, he Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the fight to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistem with Chapter 551 of the Texas Governmem Code, as amended, as set forth below. 1. Closed Meeting: Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Receive a status report on pending litigation entitled: GN#200100, City of San Antonio, Texas vs. Brazos Power Cooperative, et al and GN#200090, Reliant Energy, Inc. vs. Big Country Electric Cooperative, et al, both pending before the 353rd Judicial District Court in and for Travis County, Texas, in which litigation Denton Municipal Electric is one of the many parties defendant. Discuss, consider, and take action regarding a settlement offer proposed by the parties to both causes of action, which would dismiss said causes of action. Discuss and consider other legal issues conceming this litigation with the City's attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Deliberations regarding real property -- Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Deliberate the purchase and value of real property interests for electric utility purposes in the J.W. Hardin Survey, Abstract No. 1656 Demon County, Texas, and being an approximate 6.85 acre tract located along the west side of Corbin Road, south of F.M. 1515; which acquisition is for a public purpose. Receive legal advice from the City Attorney or his staff conceming legal issues regarding the acquisition and/or condemnation of such real property interests. (West Electric Transmission Line) City of Denton City Council Agenda October 15, 2002 Page 2 Deliberate the purchase and value of real property interests for electric utility purposes in the W. Neil Survey, Abstract No. 970 Demon County, Texas, and being an approximate 1.18 acre tract located along the west side of Corbin Road, south of F.M. 1515; which acquisition is for a public purpose. Receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interests. (West Electric Transmission Line) Regular Meeting of the City of Denton City Council on Tuesday, October 15, 2002 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Demon, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE U.S. Flag Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations B. Awa~s C. October Yard-of-the-Month Awards D. Recognition of staff accomplishments. 3. CITIZEN REPORTS A. Receive citizen reports from the following: 1. Loretta May regarding the name change at the Demon Senior Center. 2. Nikolas Eassa regarding the name change at the Demon Senior Center. Clifford "Pop" Sickles regarding the name change at the Denton Senior Center. 4. Pam Snider regarding the name change at the Denton Senior Center. 5. Elsie Cames regarding the name change at the Denton Senior Center. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consem Agenda authorizes the City Manager or his designee to implemem 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. City of Denton City Council Agenda October 15, 2002 Page 3 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda items A-R). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. if no items are pulled, Consent Agenda items A,R below will be approved with one motion, if items are pulled for separate discussion, they will be considered as the fa'st items following approval of the Consent Agenda. Consider adoption of an ordinance of the City of Denton approving a license agreement between the ONCOR electric delivery company ("ONCOR"), and the City of Denton relating to the encroachment of a city sanitary sewer line across an existing ONCOR easement located in the B. Merchant Survey, Abstract No. 800 and being located h part of two tracts of land described in deeds recorded in Vol. 605, Page 621 and Document No. 2002-R0073881 of the Deed Records of Denton County, Texas. Consider adoption of an ordinance of the City of Denton approving a license agreement between the Texas Municipal Power Agency ("TMPA"), and the City of Denton relating to the encroachment of a city sanitary sewer line across an existing TMPA easement as part of the development of Lexington Park Phase 1 Addition, located within a tract of land situated in the B. Merchant Survey Abstract Number 800, City of Denton, Denton County, Texas and being a portion of a called 37.817 acre tract of land described in the deed from A.L. Long and wife, Ethel Long to Herschel V. Forester recorded under Volume 605 Page 621 of the Deed Records of Denton County, Texas and also being a portion of a called 253.926 acre tract of land described in the deed from Wheeler Ranch, Ltd. to Centex Homes recorded by County Clerk File Number 2002-R0073881 of the Real Property Records of Denton County, Texas. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an agreement between the City and the Denton Housing Authority to provide for improvements to the senior housing facility at 2501 N. Bell Avenue, authorizing the expenditure of funds therefore, not to exceed $60,000; and providing for an effective date. Consider approval of an exaction variance of Section 35.20.2 (L.3.a.) of the Code of Ordinances concerning improvements to a perimeter street. The 98.0-acre parcel is located on the westerly side of Smart Road and just north of LP288. The property is currently in a NR-4, a Neighborhood Residential (4 lots to the acre) zoning district. No development currently exists. The Planning and Zoning Commission recommends approval of the variance as requested (7-0) (V02-0019) Consider adoption of an ordinance by the City of Denton abandoning and vacating its Gas and Utility Easement recorded in Volume 569, Page 681, Deed Records of Denton County, Texas; and providing an effective date. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the advertisement for a non-drilling, paid-up pooling agreement for an oil and gas lease agreement for South Lakes Park within the City of Denton, Texas and providing an effective date. City of Denton City Council Agenda October 15, 2002 Page 4 Consider adoption of an ordinance of the City of Denton, Texas authorizing a personal and professional services agreement between the City of Denton and Lynn Cardona for consulting services and system assistance in the Financial/Human Resources Software known as JD Edwards; and providing for an effective date (Personal and Professional Services Agreement with Lynn Cardona in the amount not to exceed $89,000). Consider adoption of an ordinance awarding a contract for the purchase of Novell product licenses, the additional maintenance associated with the additional licenses, and the annual maintenance for the currently licensed products as awarded by the State of Texas Building and Procurement Commission through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2903 to SHI Government Solutions in an amount not to exceed $115,362.88). Consider adoption of an ordinance of the City of Denton, Texas providing for the expenditure of funds for an annual maintenance agreement for the JD Edwards OneWofld software package which is available from only one source in accordance with the provision of State Law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 2904 to JD Edwards in the amount of $80,400). Consider adoption of an ordinance of the City of Denton, Texas providing for the expenditure of funds for the renewal of AT&T Wireless Services for Cellular Digital Packet Data (CDPD) and Frame Relay services which are available from only one source in accordance with the provision of State Law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 2905 to AT&T Wireless Services in an amount not to exceed $98,000). Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an inteflocal agreement between the City of Denton and the City of Fort Worth for the mitigation of lead based paint hazards; and declaring an effective date. Consider adoption of an ordinance creating a Capital improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a requirement before authorizing impact fees; appointing the Planning and Zoning Commission's members as members of the Capital improvements Advisory Committee; providing for the appointment of and appointing one additional ad hoc member to the Capital improvements Advisory Committee from the extraterritorial jurisdiction of the City of Denton, Texas; providing for the adoption of procedural rules for the Capital improvements Advisory Committee to follow in performing out its duties; and providing for an effective date. Consider adoption of an ordinance authorizing the approval of a settlement offer authorizing the City Manager, or his delegate, the authority to execute any and all settlement documents necessary to effect and complete the settlement and dismissal of two lawsuits now pending before the 353rd Judicial District Court in City of Denton City Council Agenda October 15, 2002 Page 5 and for Travis County, Texas, styled: GN#200090 Reliant Energy, Inc. vs. Big Country Electric Cooperative, et al; and GN#200100 City of San Antonio, Texas vs. Brazos Power Cooperative, et al, in which lawsuits the City of Denton, Texas is a party defendant; authorizing said City Manager to expend a sum of money not to exceed $37,500 in order to obtain settlement and dismissal of both said lawsuits; and providing for an effective date. Consider approval of a resolution of the City of Denton, Texas supporting necessary legislation and Dallas Area Rapid Transit (DART) policy changes to allow expansion and extension of DART services to local government jurisdictions through local option citizen elections pledging payments to the DART system in an amount equivalent to a one-cent sales tax; and providing for an effective date. Consider adoption of an ordinance declaring a public necessity exists and funding that public welfare and convenience requires the taking and acquiring of an approximate 6.85 acre tract or parcel of land for electric utility purposes being part of a tract conveyed to the Hudson Family Partnership, Ltd. by deed recorded in County Clerk's File Number 95-R0080500 of the Real Property Records of Denton County, Texas, said property being located in J. W. Hardin Survey, Abstract No. 1656, Denton County Texas; authorizing the City Manager or his designee to make an offer to purchase the property for just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of electric utility facilities and installation; declaring an effective date. (West Electric Project) Consider adoption of an ordinance declaring a public necessity exists and funding that public welfare and convenience requu'es the taking and acquiring of an approximate 1.18 acre tract or parcel of land for electric utility purposes being part of a tract conveyed to William F. Chester by deed recorded in Volume 4989, Page 1571 of the Real Property Records of Denton County, Texas, said property being located in W. Neil Survey, Abstract No. 970, Denton County Texas; authorizing the City Manager or his designee to make an offer to purchase the property for just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of electric utility facilities and installation; declaring an effective date. (West Electric Project) Consider approval of a resolution of the City of Denton, Texas endorsing the National League of Cities Hometown Security Day to anphasize the essential role of America's cities in homeland defense and the need for a federal-local parmership; urging Congress to pass the Homeland Security Bill and to funalize funding for homeland security; and providing for an effective date. Consider adoption of an ordinance of the City of Denton, Texas approving the execution of a consent agreement and funal order by the City Manager regarding the settlement of a disputed claim, in Case No. CWA-06-2002-1628 with the Environmental Protection Agency; authorizing the payment of $46,800, in settlement and compromise thereof; and declaring an effective date. City of Denton City Council Agenda October 15, 2002 Page 6 5. PUBLIC HEARINGS Hold a public hearing and consider adoption of an ordinance regarding amendments to Subchapter 5 of the Development Code related to the NRMU-12 and NRMU zoning districts. The Planning and Zoning Commission recommends approval (7-0 on 5 amendments and 4-3 on one amendment). (SI02-0010, NRMU- 12 &NRMU Zoning Districts) Hold a public hearing and consider adoption of an ordinance regarding an amendment to Subchapter 5 of the Development Code related to multi-family density calculations. The Planning and Zoning Commission recommends approval (7-0). (SI02-0011, Multi-family Density) Hold a public hearing and consider adoption of an o'dinance granting approval of a sub-surface use of a portion of Airport Open Space Park on Masch Branch Road for the purpose of a public utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a public utility easement; and providing an effective date. 6. ITEMS FOR INDIVIDUAL CONSIDERATION New Business This item provides a section for Council Members to agendas or to request information from the City Manager. suggest items for future Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, 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. Item #4A AGENDA INFORMATION SHEET AGENDA DATE: October 15, 2002 DEPARTMENT: Engineering CM/DCM/ACM: Dave Hill, 349-8314 m~x~r~ ~J SUBJECT Consider adoption of an ordinance of the city of Denton approving a license agreement between the ONCOR electric delivery company ("ONCOR"), and the city of Denton relating to the encroachment of a city sanitary sewer line across an existing ONCOR easement located in the B. Merchant survey, abstract no. 800 and being located in part of two tracts of land described in deeds recorded in vol. 605, page 621 and document no. 2002-R0073881 of the deed records of Denton county, Texas BACKGROUND Staff has approved the construction plans for Lexington Park Phase 1 and has £acilitated the Public Utility and Sanitary Sewer easements for the 15" Sanitary Sewer line installation. The City of Denton has requested permission to cross an area within the boundaries of an existing ONCOR electric easement. ONCOR Pas agreed to the encroachment on the easement with the use of their standard License Agreement. OPTIONS 1. Approve the License Agreement 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the License Agreement ESTIMATED PROJECT SCHEDULE Spring 2003 PRIOR ACTION/REVIEW Not Applicable. FISCAL INFORMATION N/A ATTACHMENTS Location Map Draft Ordinance License Agreement Prepared by: Mark A. Laird Technical Assistant Respectfully submitted: Charles Fiedler, Director Engineering Department LEXINGTON PARK PHASE 1 GORDON MEREDrlH va_ s~, ~ ,?+ / ~////// CENI~EX HOMES (DOC. NO. 02-R0073881) D.R.D.C.T. NORTH / / / JOHNNY g ~'STIER & {I. E2NA I- dESIE2R OOC. NO. 93-R0072123 ONCOR EASEMENT ~ //.///~ TMPA EASEMENT / D.R.D.C.T. EASEMENT ENCROACHMENTS HERSCHEL V. FORES"IER, "IR. VOL. 605, PG. 621 D.R.D.C.T. LOCATION MAP ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE ONCOR ELECTRIC DEL1VERY COMPANY ("ONCOR"), AND THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF A CITY SANITARY SEWER LINE ACROSS AN EXISTING ONCOR EASEMENT LOCATED IN THE BERRY MERCHANT SURVEY, ABSTRACT NO. 800 AND BEING LOCATED IN PART OF TWO TRACTS OF LAND DESCRIBED IN DEEDS RECORDED IN VOL. 605, PAGE 621 AND DOCUMENT NO. 20020R0073881 OF THE DEED RECORDS OF DENTON COUNTY THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The City Manager, or his designee, is hereby authorized to execute a License Agreement Related to Encroachment on Easement between the City of Denton and the Oncor Electric Delivery Company ("ONCOR") in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes, for the purpose of locating a City sanitary sewer line within a ONCOR electric utility easement as described therein. Section 2. The City Manager is authorized to make the expenditures as set forth in the attached Agreement. Section 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ENCROACHMENT ON EASEMENT RE: Norwood Denton- Bowie E- 96956 TD-6763 August 27, 2002 Paul H. Williamson Real Estate & Capitol Support Manager 601 E. Hickory Suite B Denton, Texas 76205 Dear Mr. Williamson: City of Denton (hereinafter referred to as User) has requested permission to construct a 15-inch sanitary sewer line within the area or boundaries of Oneor Electric Delivery Company (Oncor Electric) successor to Texas Power & Light Co., easement recorded in Volume 374, Page 55, Deed Records of Denton County, Texas. Oncor Electric is agreeable to the 15-inch sanitary sewer line hereinafter referred to as the "encroaching facility", if the encroaching facility is located and described as shown on the attached drawing, marked Exhibit "A'and incorporated herein, and subject to the following terms and conditions: It is understood and agreed that Oncor Electric holds easement rights on the property involved; therefore, User will be required to obtain whatever rights and permission, other than Oncor Electric's, that are necessary. This letter agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and is not to interpret as a waiver of any rights held by Oncor Electric under its easement. To the extent permitted by law, User shall defend, indemnify and hold harmless Oncor Electric, its employees and agents from and against any and all claims, expenses, (Including attomey fees), damages, losses and judgements whether for bodily injury or damage to property whether or not arising from the sole or concurrent negligence or fault of Oncor Electric or its employees, arising out of or incident to the presence, construction, operation and maintenance of the encroaching facility. Use of draglines or other boom-type equipment in connection with any work to be performed on the Oncor Electric easement by User, its employees, ENCROACHMENT ON EASEMENT Page agents, representatives or contractors must comply with Texas Statute (Chapter 752 of the Texas Health and Safety Code), the National Electric Safety Code and any other applicable safety or clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of the Oncor Electric power line situated on the aforesaid property. User must notify Dennis Tucker (817-496-2736) 48 hours prior to the use of any boom-type equipment on the Oncor Electric easement. The encroaching facility does not currently interfere with Oncor Electric's usage, but if in the future the encroaching facility, in the sole judgement of Oncor Electric, does interfere with the use or enjoyment of its easement rights, Oncor Electric shall have the right to remove said encroaching facility. Oncor Electric shall notify User in writing that within 90 days, the encroaching facility must be removed at User's sole cost. If at the end of the 90-day period the encroaching facility has not been removed, Oncor Electric will not be responsible nor will compensation be paid for damages incurred by such removal. However, in an emergency, Oncor Electric shall have the right to immediately remove encroaching facility. If the encroaching facility is removed, Oncor Electric will not unreasonably withhold consent for User to relocate the encroaching facility within the easement. 5 It is expressly understood and agreed that if the property has transmission or distribution facilities located thereon, User shall not place upon the premises, any improvements including but not limited to, buildings, light standards, fences, shrubs, trees or signs unless approved in writing by Oncor Electric. It is agreed that no trash dumpsters, toxic substances or flarmnable material will be allowed on the easement. Oncor Electric will not be responsible for any costs of construction, operation or maintenance of User's encroaching facility. It is further agreed that Oncor Electric shall not be liable for any damage to the encroaching facility herein agreed to as a result of Oncor Electric's use pursuant to its easement. Any Oncor Electric property damaged or destroyed by User or its agents shall be repaired or replaced by Oncor Electric at User's expense and payment is due upon User's receipt of an invoice fi.om Oncor Electric. 8. It is understood and agreed that, in case of default by User or its agents in ENCROACHMENT ON EASEMENT Page 2 any of the terms and conditions herein stated and such default continues for a period of thirty (30) days after Oncor Electric notifies User of such default in writing, Oncor Electric may at its election forthwith terminate this agreement and upon such temfination all of User's rights hereunder shall cease and come to an end. This Agreement shall also terminate upon the abandoment of the encroaching facility. If the foregoing terms and conditions are acceptable to User, please have the original and a copy of this letter agreement signed and returned to TXU Business Services at 300 South St. Paul, Suite 301, Dallas, Texas 75201, within 30 days for final approval by Oncor Electric. This Letter agreement shall be effective only after final approval by Oncor Electric. Yours very truly, Douglas Lovem R.O.W. Agent APPROVED: City of Denton ACCEPTED: Oncor Electric Delivery Company By: By: Michael A. Conduff TITLE: City Manger, City of Denton Dennis Tucker Fort Worth Transmission Manager Date Date ENCROACHMENT ON EASEMENT Page 3 ACKNOWLEDGEMENTS THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me this day of ,2002 by DENNIS TUCKER, Forth Worth Transmission Manger, of Oncor Electric Delivery Company, a Texas corporation, for and on behalf of said corporation Notary Public, in and for the State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me this day of ,2002 by MICHAEL A. CONDUFF, City Manager, of City of Denton, Texas. Notary Public, in and for the State of Texas NORTH // / / / // / / ENCR;OAC:}~M EN'~ LOCATION MAP SANITARY SEWER EASEMENT BEING a centerline description of a sanitary sewer easement located in the BERRY MERCHANT SURVEY, ABSTRACT NO. 800, Denton County, Texas and being a part of a tract of land described in Deed to Herschel V. Forester, recorded in Volume 605, Page 621, Deed Records, Denton county, Texas and being a part of a tract of land described in Deed to Centex Homes, recorded in Document No. 2002-R0073881, Deed Records, Denton County, Texas and being contained within a 100 foot wide T.P. & L. Easement, recorded in Volume 374, Page 55, Deed Records, Denton County, Texas and being more particularly described as follows: COMMENCING from a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found at the Southwest comer of said Centex Homes tract in the East line of F.M. 2181 (Teasley Lane), a variable width right-of-way; THENCE North 01 deg. 15 min. 36 sec. West, along said East line and the West line of said Centex Homes tract, a distance of 14.49 feet to a point for comer in the Northwest line of said T.P. & L. Easement; THENCE North 48 deg. 31 min. 20 sec. East, along said Northwest line, a distance of 26.19 feet to a point for comer at the POINT OF BEGINNING; THENCE South 01 deg. 15 min. 36 sec. East, a distance of 130.96 feet to the POINT OF TERMINUS. S:\Data~2000\100019\100019ESMT-J.rtf Page 1 of 2 LOCATION MAP NO~N~¢¢~' HICKORY CREEK .~¢~// /~ ~,EAS£MENT ~ LOCAllON NOT TO SCALE N 48'31 '20"E N 01 '! 5'3 6" W 14,49'" DOWDEY, ANDERSON & ASSOCIATES, INC. 5225 Vllloge Creek Drive, Suite 200 Piano, TX 75093 (972) 931-0694 08/27/02 '"-EXHIBIT A 0 20 40 60 D.R.DE.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS DOC. NO. = DOCUMENT NUMBER // ~ NO; 2~2-R007388i OF / / / / SANITARY SEWER EASEMENT 2,619 SQUARE FEET OR 0.060 ACRES BERRY MERCHANT SURVEY ~ ABSTRACT NO. 800 DENTON, DENTON COUNTY, TEXAS hn S. Turner istered Professionol Lond Surveyor No. 5310 Paqe 2 of 2 100019ESMT-J , Item #4B AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET October 15, 2002 Engineering Dave Hill, 349-8314 ~¥~ SUBJECT Consider adoption of an ordinance of the city of Denton approving a license agreement between the Texas Municipal Power Agency ("TMPA"), and the city of Denton relating to the encroachment of a city sanitary sewer line across an existing TMPA easement as part of the development of Lexington Park phase 1 Addition, located within a tract of land situated in the B. Merchant survey abstract number 800, city of Denton, Denton county, Texas and being a portion of a called 37.817 acre tract of land described in the deed from A.L. Long and wife, Ethel Long to Herschel V. Forester recorded under volume 605 page 621 of the deed records of Denton county, Texas and also being a portion of a called 253.926 acre tract of land described in the deed from Wheeler Ranch, ltd. To Centex Homes recorded by county clerk file number 2002-R0073881 of the real property records of Denton county, Texas BACKGROUND Staff has approved the construction plans for Lexington Park Phase 1 and has facilitated the Public Utility and Sanitary Sewer easements for the 15" Sanitary Sewer line installation. The City of Denton has requested permission to cross an area within the boundaries of an existing TMPA electric easement. TMPA has agreed to the encroachment on the easement with the use of their standard License Agreement. OPTIONS 1. Approve the License Agreement 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the License Agreement ESTIMATED PROJECT SCHEDULE Spring 2003 PRIOR ACTION/REVIEW Not Applicable. FISCAL INFORMATION N/A ATTACHMENTS Location Map Draft Ordinance License Agreement Prepared by: Mark A. Laird Technical Assistant Respectfully submitted: Charles Fiedler, Director Engineering Department LEXINGTON PARK PHASE 1 GORDON MEREDrlH va_ s~, ~ ,?+ / ~////// CENI~EX HOMES (DOC. NO. 02-R0073881) D.R.D.C.T. NORTH / / / JOHNNY g ~'STIER & {I. E2NA I- dESIE2R OOC. NO. 93-R0072123 ONCOR EASEMENT ~ //.///~ TMPA EASEMENT / D.R.D.C.T. EASEMENT ENCROACHMENTS HERSCHEL V. FORES"IER, "IR. VOL. 605, PG. 621 D.R.D.C.T. LOCATION MAP ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY ("TMPA"), AND THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF A CITY SANITARY SEWER LINE ACROSS AN EXISTING TMPA EASEMENT AS PART OF THE DEVELEOPMENT OF LEXINGTON PARK PHASE 1 ADDITON, LOCATED WITHIN A TRACT OF LAND SITUATED IN THE B. MERCHANT SURVEY ABSTRACT NUMBER 800, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF A CALLED 37.817 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM A.L. LONG AND WIFE, ETHEL LONG TO HERSCHEL V. FORESTER RECORDED UNDER VOLUME 605 PAGE 621 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND ALSO BEING A PORTION OF A CALLED 253.926 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM WHEELER RANCH, LTD. TO CENTEX HOMES RECORDED BY COUNTY CLERK FILE NUMBER 2002-R0073881 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The City Manager, or his designee, is hereby authorized to execute a License Agreement Related to Encroachment on Easement between the City of Denton and the Texas Municipal Power Agency ("TMPA") in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes, for the purpose of locating a City sanitary sewer line within a TMPA electric utility easement as described therein. Section 2. The City Manager is authorized to make the expenditures as set forth in the attached Agreement. Section 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: LICENSE AGREEMENT RELATING TO ENCROACHMENT ON EASEMENT Date: September 20, 2002 File Code: T-16, D-36 Re: W. Denton-Corinth 138 kV Transmission Line Dear Sir: The City of Denton (hereinafter referred to as User) has requested permission to use the area within the boundaries of Texas Municipal Power Agency's (TMPA) W. Denton - Corinth 138 kV Power Line Easement, located in Denton County, Texas for a 15" Sanitary Sewer Line crossing at the intersection of Teasley Road and Hickory Creek Road. Said Sewer Line crosses the TMPA Easement on the E. side of FM 2181 (Teasley Road) $. of the intersection. TMPA is agreeable to the construction of the 15" Sewer Line hereinafter referred to as the "encroaching facility", if the encroaching facility is located and described as shown on the attached drawing, marked Exhibit 'W' and incorporated herein, and subject to the following terms and conditions: It is understood and agreed that TMPA holds easement rights on or owns the property involved; therefore, User will be required to obtain whatever rights and permission, other than TMPA's, that are necessary. This letter agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights held by TMPA under its easement. To the extent permitted by law, user shall defend, indemnify and hold harmless TMPA, its employees and agents from and against any and all claims, expenses, (including attorney fees), damages, losses and judgments whether for bodily injury or damage to property whether or not arising from the sole or concurrent negligence or fault of TMPA or its employees, arising out of or incident to the presence, construction, operation and maintenance of the encroaching facility. Use of dragline or other boom-type equipment in connection with any work to be performed on the TMPA easement by User, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other applicable safety or clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of the TMPA power line situated on the aforesaid property. User must notify the Supervisor of Transmission, Tom Chambers, at (936) 873-1125 or (936) 873-2013, 48 hours prior to the use of any boom-type equipment on the TMPA easement. If in the future the encroaching facility, in the sole judgment of TMPA, does interfere with the use or enjoyment of its easement rights, TMPA shall have the right to remove said encroaching facility. TMPA shall notify User in writing that, within 90 days, the encroaching facility must be removed at User's sole cost. If at the end of the 90 day period the encroaching facility has not been removed, TMPA shall remove it at User's expense. TMPA will not be responsible nor will compensation be paid for damages incurred by such removal. However, in an emergency, TMPA shall have the right to immediately remove the encroaching facility. If the encroaching facility is removed, TMPA will not unreasonably withhold consent for User to relocate the encroaching facility within the easement. It is expressly understood and agreed that if the property has transmission or distribution facilities located thereon, User shall not place upon the premises, any improvements including but not limited to, building, light standards, fences, shrubs, trees or signs unless approved in writing by TMPA. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 7 TMPA will not be responsible for any costs of construction, operation and maintenance of User's encroaching facility. It is further agreed that TMPA shall not be liable for any damage to the encroaching facility herein agreed to as a result of TMPA's use pursuant to its easement. Any TMPA property damaged or destroyed by User or its agents shall be repaired or replaced by TMPA at User's expense and payment is due upon User's receipt of an invoice from TMPA. 8. Blasting is not permitted on the TMPA right of way. Grading shall be done in order to leave the right of way in as near as possible to present condition. Spoil dirt and all trash shall be removed from the right of way. Slopes shall be graded so that TMPA vehicles may transit the right of way when required to maintain TMPA's facilities. 10. Shoring shall be required where approved excavation is within 10 feet of a structure and shall extend 20 feet each side of the centerline of the structure. Shoring shall be sufficient to withstand the added load of the structure and its footing. Ditches shall not be left open for extended periods of time. Except when pipe or underground facilities are installed, shoring shall be removed and ditches properly backfilled as soon as practical. Backfill shall be thoroughly tamped. Water tamping shall not be permitted within this area. 11 The TMPA right of way shall be protected from washing and erosion by a method approved by TMPA. 12. Construction equipment and materials shall not be stored on the right of way during 2 construction. 13. It is understood and agreed that, in case of default by User or its agents in any of the terms and conditions herein stated and such default continues for a period of ten (10) days after TMPA notifies User of such default, TMPA may at its election forthwith terminate this agreement and upon such termination all of User's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the encroaching facility. If the foregoing terms and conditions are acceptable to The City of Denton, please have the original and a copy of this letter agreement signed and returned to me at Texas Municipal Power Agency, P.O. Box 7000, Bryan, Texas 77805 within 30 days for final approval by TMPA. This letter agreement shall be effective only after final approval by TMPA. Yours very truly, Huae~ Nelson Manager, Land Department ACCEPTED: City of Denton APPROVED: Texas Municipal Power Agency By: Title: Date: By: Gary Parsons Title: General Manager Date: Enoroachment: W. Denton - Corinth 3 LEXINGTON PARK PHASE I / / / / / / NORTH / // / / / / / / ~' ONCOR EASEMENT EASEMENT CEN'~X HOME~ (DOC. NO, 02-R0073881) DJ~D.~T, ENCROACHMENTS LOCATION MAP EXHIBIT A Item #4C AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: October 15, 2002 Economic Development Dave Hill, 349-8314 =~¥~ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an agreement between the City and the Denton Housing Authority to provide for improvements to the Senior Housing facility at 2501 N. Bell Avenue, authorizing the expenditure of funds therefore, not to exceed $60,000; and providing for an effective date. BACKGROUND The 2002 - 2003 Action Plan for Housing and Community Development was approved by City Council on May 14, 2002. The Action Plan included $60,000 in funding to complete improvements to the retaining walls at the Heritage Oaks senior housing facility. OPTIONS 1. Adopt the ordinance approving release of funds for the project. 2. Do not adopt the ordinance and reallocate funding to other projects/programs (this require an amendment to the Action Plan). would RECOMMENDATION Staff recommends adoption of the ordinance. ESTIMATED PROJECT SCHEDULE Community Development staff is currently working with Denton Housing Authority personnel to get the project moving as quickly as possible. Eld specifications are being prepared. Work should begin sometime in November. PRIOR ACTION/REVIEW The Community Development Advisory Committee recommended to City Council that this project be funded with 2002 CDBG funds. FISCAL INFORMATION 2002 CDBG finds of $60,000 are set aside for the project. project. No general fund dollars are included in the ATTACHMENTS Ordinance Funding Agreemem Prepared By: Barbara Ross Community Developmem Administrator Respectfully submitted: Linda Ratliff Director of Economic Development S:\Our Docmments\Ordinances\02hheritage oaks agreement or&doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE DENTON HOUSING AUTHORITY TO PROVIDE FOR IMPROVEMENTS TO THE SENIOR HOUS1NG FACILITY AT 2501 N. BELL AVENUE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, NOT TO EXCEED $60,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has approved the 2002 Action Plan for Housing and Community Development which includes $60,000 for improvements to the Heritage Oaks Apartments located at 2501 N. Bell Avenue; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute the attached Agreement between the City of Denton and the Denton Housing Authority to provide for improvements to the senior housing facility noted therein. SECTION 2. That the City Council hereby authorizes the City Manager to expend funds in the manner and amount specified in the Agreement, not to exceed $60,000 and to ttre any other actions necessary to complete the City's obligations under the Agreement. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON HOUSING AUTHORITY This Agreemem is made and entered into by and between the City of DeNon, Texas, a municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and the Denton Housing Authority, 1225 Wilson Street, Denton, Texas, 76205, a not-for-profit corporation, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U.S. Departmem of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for improvemems to the senior housing facitty at 2501 N. Bell Avenue, Denton, TX 76209; and WHEREAS, CITY has designated the Community Developmem Division of the Economic Developmem Departmem as the division responsible for the administration of this Agreemem and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishmem of the conditions hereinafCr described. This agreemem shall commence on or as of October 1, 2002, and shall terminate on September 30, 2012 unless otherwise adjusted by CITY. Request for such an adjustmem must be in writing and is to be submitted to the City's Communi~y Developmem Division, 100 W. Oak, Suite 208, Denton, Texas, 76201. e RESPONSIBILITIES CONTRACTOR hereby accepts responsibility for ensuring the proper completion of all construction and repair activities described in the Description of Improvements atached hereto as Attachment "A", in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive director to be the CONTRACTOR'S representative responsible for the management of all contractual matters pertaining hereto, unless S:\O/rc Docmments\Uontracrs\02~heritage oaks agreement.doc written notification to the contrary is received from CONTRACTOR, and, approved by CITY. CITY'S Community Developmem Administrator will be the CITY'S represemative responsible for the administration of this Agreement. ge CITY'S OBLIGATION A. Limit of Liability. CITY will pay the CONTRACTOR the expenses incurred pursuant and in accordance with the description of improvements attached hereto as Attachment "A" and incorporated herein by reference. Notwihstanding 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 $60,000. B. Measure of Liability. In consideration of full and satisfactory services, activities and reports hereunder by CONTRACTOR, CiTY shall reimburse CONTRACTOR for expenses incurred, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement. (1) The parties expressly understand and agree that CiTY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CiTY's liabilities under this Agreement. if adequate funds are not available to make payments under this Agreemem, CiTf shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CiTY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreemem. if CDBG funds etgible for use for purposes of this Agreemem are reduced, CiTY shall not be liable for further payments under this Agreement. (2) It is expressly understood that this Agreemem in no way obligates the General Fund or any other monies or credits of the Ciy of DeNon. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to paymem 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 this Agreement or the project budget. Page 2 S:\Onr Docmments\Uontracrs\02kheritage oaks agreement.doc (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity 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 md until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Agreement if CONTRACTOR fails to follow appropriate procurement procedures and to retain the services of the contractor and suppliers who were the lowest rea;onable bidders on this project and who were agreed upon by both the CiTY and CONTRACTOR for payment of any monies or provision of any goods or services. C. CITY shall provide funds in an amount not to exceed $60,000 to assist CONTRACTOR in the improvements to the facility located at 2501 N. Bell Avenue, Denton, Texas, 76209. D. 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 Circular A 87. CiTY shall be responsible for performing the environmental review and monitoring the project for compliance with federal wage and labor requirements. 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 Hou~ng and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Developmert Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further accrues and certifies 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 Section 24 of this Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A~i 10 and A-122. Page 3 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of DeNon, and in particular provisions of attachmems B- D which are attached hereto and incorporated herein for all purposes. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authotty, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreemem on behalf of CONTRACTOR, do hereby warrant and guarantee that ~, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CiTY for any money it has received from CiTY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreemem will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. E. CONTRACTOR warrants that it is the legal owner of the property described in Article 2 and CONTRACTOR agrees to allow CITY access to this site for inspection purposes. CONTRACTOR further agrees to allow CITY to bid and execute agreements w[h the general contractor for the repairs to the Heritage Oaks Senior Housing units. F. CONTRACTOR shall cominue to utilize the facility at 2501 N. Bell Avenue, Denton, Texas for a minimum of five years after improvements are completed to provide affordable housing for low-income senior households. G. CITY is the only agent authorized to designate changes to the work to be performed. Any additional or changes to the work authorized by CiTY can only be done in writing with the signature of CITY'S City Mmager, Mayor, or Community Development Administrator, plus those of CONTRACTOR and its representatives. Page 4 S:\Onr Docmments\Uontracrs\02kheritage oaks agreement.doc e WARRANTIES CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY' and furnished to CITY, are complete, accurate and fairly reflect the financial 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 maerial change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize sub acceptance under the terms and conditions of this Agreement. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the approval of each request for payment from the general construction contractor. e COVENANTS A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Community Development Administrator 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 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 po:formance of this Agreement and with respect to which CITY has ownership hereunder. Page 5 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims 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 prop~y purchased with funds paid 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 the property shall be used to meet one of the national objectives stated in 24 CFR 570 until August 31, 2006. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2006, CONTRACTOR shall reimburse CiTY in tie amount of the fair market value of this property less any portion of the value attributable to expenditures ofnon-CDBG funds for acquisition of, or improvement to, the property. C. CONTRACTOR agrees, upon written request by CITY, to require its employ0es to attend training sessions sponsored by the Community Services Division. ge 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. B. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CiTY in 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 provision. These fees or other program income will be deducted from the regular reimbursement request. Page 6 S:\Onr Docmments\Uontracrs\02kheritage oaks agreement.doc C. CONTRACTOR shall include this Section in its entiretyin all of its sub-contracts which 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 directly 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 in writing by CITY. e MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement and with any other applicable Federal and State regulations establishing standards for financial managment. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability un&r any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, docunents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the condiions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, CONTRACTOR shall make available 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, conditions or employment and all other data relating to the program requested by said representatives. 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 each three months. The beneficiary report shall detail client informatioL including Page 7 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc race, income, female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of thisAgreement. Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners within ten (10) days after receipt of such. 11. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performances under this Agreement. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement attached hereto as Attachment "A", 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 evaluatbn responsibilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring 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 five (5) working days of receipt by CONTRACTOR. 12. DIRECTORS' MEETINGS During the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. Page 8 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc 13. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Attachment "A" are conducted, and the employees conducting these activities, shall be covered by premise lability insurance, commonly referred to as "Owner/Tenant" coverage with CiTY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers' compensation statues and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insuranceon all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evi:lence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, ard remain the sole responsibility of CONTRACTOR. F. The policy or policies of insurance shall contain a clause which requires that City and Contractor be notified in writing of any cancellation of change in the policy at least thirty (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 provisions, within thirty (30) days of the effective date of this Agreement. B. CONTRACTOR shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. Page 9 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whde or in part, and CONTRACTOR may be barred from further contracts with CITY. 15. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including 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 in writing and shall be approved by the governing body of CONTRACTOR and by CITY. 16. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, 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 its governing 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 his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, ~ others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities 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 is personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any irterest, 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 CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" Page 10 S:\Our Docmments\Uontracrs\02kheritage oaks agreement.doc includes: wife, husband, son, daughter, mother, father, brother, sister, ialaws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 18. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activityto 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 A. Where such action is appropriate, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Agreement. in any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for CONTRACTOR, the advertising medium shall state that the U.S. Department of Housing and Urban Developmem's Community Development Block Grant Program funding through the City of Denton has made the project possible. B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreemem. When material not originally developed is included in a report, the report shall idemify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: This documem is prepared in accordance with the City of DeMon's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documems, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR shall become the property of CiTY upon receipt. Page 11 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc 2@. FUNDING APPLICATIONS CONTRACTOR agrees to noti~}, CITY each time CONTRACTOR is preparing or submitting any apphcation for funding in accordance with the following procedures: A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied~br, and the proposed use of l'unds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notil'y CITY of such award and the efi~ect, if' any, of' such l'unding on the l'unds and program(s) contracted hereunder. Such notice shall be submited to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and Agreement. C. CONTRACTOR shall not use i'unds provided hereunder, whether drectly or indirectly, as a contribution, or to prepare applications to obtain any fbderal or private funds under any federal or private program without the prior written consent of CITY. 21. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, 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 pescribed 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 or governing board composition. Page 12 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc F. It is expressly understood that neither the performance of Attachment "A" 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 CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such nc~ice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropiate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CiTY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION 23 may be effectuated. 23. TERMINATION A. CITY may terminate this Agreement fcr cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph: (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section 22. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course ofbminess. Page 13 S:\Our Doctrments\Uontracrs\02~heritage oaks agreement.doc (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 liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section 4, and Section 21(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. If this Agreement is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of ermination. 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 occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise terminate any outstanding ord<rs 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 obligations 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 Page 14 S:\Onr Docmments\Uontracrs\02kheritage oaks agreement.doc reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. 24. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such mtice 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), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of ation or proceeding; the basis 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, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, 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. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted 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 heldto 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. Page 15 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc C. In no event shall any paymeN 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 AgreemeN constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequeNly be committed by CONTRACI)R. Neither shall such payment, act, or omission in 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 specifically preserved. No represeNative or ageN of CITY may waive the effect of this provision. D. This AgreemeN, together with referenced exhibits and attachmeNs, constitutes the eNire agreemeN between the parties hereto, and any prior agreement, assertion, statemeN, understanding or other commitmeN antecedeN to this AgreemeN, whether written or oral, shall have no force or effect whatsoever; nor shall an agreemeN, assertion, statement, understanding, or other commitmeN occurring during the term of this Agreement, orsubsequeN thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendmeN of this AgreemeN. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to sectre an interpretation. F. For purposes of this AgreemeN, all official communications and notices among the parties shall be deemed made if sen postage paid to the parties and address set forth below: TO CITY: TO CONTRACTOR: City Manager City of DeNon 215 E. McKinney St. DeNon, Texas 76201 Executive Director DeNon Housing Authority 1225 Wilson Street Denton, Texas 76205 G. This AgreemeN shall be iNerpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in DeNon County, Texas. IN WITNESS OF WHICH this Agreement has been executed on this the ,2002 day of CITY OF DENTON BY: MICHAEL A. CONDUFF CITY MANAGER Page 16 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: DENTON HOUSING AUTHORITY. BY: BILL GIESE CHAIR BOARD OF COMMISSIONERS ATTEST: BOARD SECRETARY Page 17 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc ATTACHMENT "A" DESCRIPTION OF IMPROVEMENTS 1. Remove rotted retaining walls in specific locations on the Heritage Oaks grounds. 2. Install geo-textile barriers in each location to contain soil. 3. Install new retaining walls 4. Grade as necessary. 5. Re-seed or place sod to control erosion. Total Project Budget $60,000 WORK STATEMENT Heritage Oaks Apartments Services Provision of 140 units of low-income elderly housing. Residents must meet low-income eligibility requirements. Residents will pay no more than 30% of their gross income for rent. Heritage Oaks management will provide monthly meetings to allow residents to discuss issues and upcoming events to take place on the property. Residents are also provided with a monthly magazine. Page 18 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc ATTACHMENT "B" 24 CFR § 570.505 The standards described in this section apply to real property within the recipient's control which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards shall apply from the date CDBG funds are first spent for the property until five yearsafter closeout of an entitlement recipient's participation in the entitlement CDBG program or, with respect to other recipients, until five years after the closeout of the grant from which the assistance to the property was provided. (a) A recipient may not change the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the recipient provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either: (1) The new use of such property qualifies as meeting one of the national objectives in Section 570.208 and is not a building for the general conduct of government; or (2) The requirements in paragraph (b) of this section are met. (b) If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under paragraph (a)(1) of this section, it may retain or dispose ofthe property for the changed use if the recipient's CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of noa CDBG funds for acquisition of, and improvements to, the property. (c) If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in Section 570.504(b) (4) or (5), as applicable, shall apply to the use of funds reimbursed. (d) Following the reimbursement of the CDBG program in accordance with paragraph (b) of this section, the property no longer will be subject to any CDBG requirements. Page 19 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc ATTACHMENT "C" 24 CFR § 570.503 (a) Before disbursing any CDBG funds to a subrecipient, the recipient shall sign a written agreement with the subrecipient. The agreement shall remain in effect during any period that the subrecipient has control over CDBG funds, including program income. (b) At a minimum, the written agreement with the subrecipient 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 completing the work, and a budget. These items shall be in sufficient detail to provide a sound basis for the recipient effectively to monitor performance under the agreement. (2) Records and Reports. The recipient shall specify in the agreement the particular records the subrecipient must maintain and the particular reports the subrecipient must submit in order to assist the recipient in meeting its recordkeeping and reporting requirements. (3) Program Income. The agreement shall include the program income requirements set forth in Section 570.504(c). (4) Uniform Administrative Requirements. The agreement shall require the subrecipient to comply with applicable uniform administrative requirements, as described in Section 570.502. (5) Other Program Requirements. The agreement shall require the subrecipient to carry out each activity in compliance with all Federal laws and regulations described in subpart K of these regulations, except that: (i) The subrecipient does not assume the recipient's environmental responsibilities described at Section 570. 604; and (ii) The subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. (6) Conditions for Religious Organizations. Where applicable, the conditions prescribed by HUB for the use of CDBG furds by religious organizations shall be included in the agreement. (7) Suspension and Termination. The agreement shall specify that, in accordance with 24 CFR 85.43, suspension or termination may occur if the Page 20 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc subrecipient materially fails to comply wi~h any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. (8) Reversion of Assets. The agreement shall specify that upon its expiration the subrecipient shall transfer to the recipient any CDBG fun& on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. It shall also include provisions to the use of CDBG funds. It shall also include provisions designed to ensure that any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: (i) Used to meet one of the national objectives in Section 570.208 until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the recipient; or (ii) Disposed of in a manner that results in the recipient's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvament to, the property. (Reimbursement is not required after the period of time specified in paragraph (b) (8) (1) of this section.) Page 21 S:\Our Docmments\Uontracrs\02~heritage oaks agreement.doc ATTACHMENT "D" 24 CFR § 570.504 (a) Recording 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) Disposition of Program Income Received by Recipients. (1) Program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. (2) If the recipient chooses to retain program income, that income shal affect withdrawals of grant funds from the U.S. Treasury as follows: (i) Program income in the form of repayments to, or interest earned on, a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before addiional cash withdrawals are made from the U.S. Treasury for the same activity. (This rule does not prevent a lump sum disbursement to finance the rehabilitation of privately owned properties as provided for in Section 570.513.) (ii) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. (3) Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in Sub~rt C and all other applicable provisions of this part until it is expended. (4) Unless otherwise provided in any grant closeout agreement, and subject to the requirements 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 closeout the recipient has another ongoing CDBG grant received directly from HUD, funds received after closeout shall be treated as program income of the ongoing grant program. (5) If the recipient does not have another ongoing grant received directly from HUD at the time of closeout, income received after closeout from the disposition of real property or from loans outstanding at the time of closeout shall not be governed by the provisions of this part, except that such income shall be used for activities that meet one of the national objectives in Section 570.208 and the eligibility requirements described in Section 105 of the Act. Page 22 Item #4D AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET October 15, 2002 Engineering David Hill, 349-8314 SUBJECT Consider approval of an exaction variance of Section 35.20.2 (L.3.a.) of the Code of Ordinance concerning improvements to a perimeter street. The 98.0-acre parcel is located on the westerly side of Stuart Road and just north of LP288. The property is currently in a NR-4, a Neighborhood Residential (4 lots to the acre) zoning district. No development currently exists. The Planning and Zoning Commission recommends approval of the variance as requested (7-0) (V02-0019) BACKGROUND Mr. D. Matthew Goodwin of Goodwin & Marshall, Inc, the applicant representing the owner of this property has applied for an exaction variance of section 35.20.2(L.3.a.) (concerning improvements to a perimeter street) of the Code of Ordinances regarding relief from the costs of construction of a portion of the northerly and southerly section of Stuart Road along the frontage of this development. The subject section of the ordinance requires any development on an unimproved perimeter street to (shall) dedicate the right-of-way and improve or reconstruct the street to the same extent as is required for new perimeter streets. The cause of this request is that this development will not cause sufficient enough traffic on the northerly and southerly portions of Smart Rd. to warrant improvements to these sections. The applicant's letter provides additional information conceming this item. Stuart Rd., in this area, is a two (2) lane rural asphalt roadway that connects to LP288 and extends north to a private roadway that serves South Forks, a mobile home development in Denton County. The Beaver Creek Addition fronts Smart Rd. for approximately 2951ft. Staff has determined that the Beaver Creek Addition will not generate any appreciable traffic to the north on Stuart Rd. to South Forks and therefore agrees that this development should not be required to improve the section of roadway (from north of an unnamed street located north of proposed Long Road, in the Beaver Creek Addition that extends west from Smart Rd., to the north property line of this development, for approximately 650fi of total frontage). In addition, the City is allowing two phases of the development north of Long Road to be built in this development and use the intersection of LP288/Stuart Rd. but then requiting this development to close Smart Rd. at LP288 and cul-de-sac Stuart Rd. near the development's south boundary in accordance with the City's Mobility Plan with a later phase. City staff agrees that the perimeter roadway improvements to Smart Rd., south of Long Rd, for approximately 1200fi would not serve any useful purpose to this development, once Smart Rd. is closed at LP288. The City Council may approve this exaction variance if the following criterion is met: b) Criteria 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 Page 1 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. The price the applicant paid for the parcel, or the cost of the proposed building improvements is not a factor in determining reasonable costs. The City Council must decide if the costs associated with the public improvements required by city regulations are reasonable and consistent for the type of development proposed and are proportional to the demand for services created by the development. OPTIONS 1. Approve full variance 2. Approve full variance with conditions 3. Approve a partial variance 4. Deny variance RECOMMENDATION Staff recommended approval of the variance as requested by the applicant to the Planning & Zoning Commission. The Planning & Zoning Commission voted 7-0 to recommend approval of the variance, as requested, on September 25, 2002. PRIOR ACTION/REVIEW The Planning & Zoning Commission voted 7-0 to recommend approval of the variance on September 25, 2002. FISCAL INFORMATION City staff estimates 25 feet of pavement width with curb and gutter costing $75 per linear foot. + 650ft of frontage equals $138,750.00. 1200ff ATTACHMENTS 1. Site location map 2. Applicant's letter 3. Plat with Variance locations 4. P & Z minutes Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering Page 2 GOODWIN MARSHALL CIVIL ENGINEERS ~ PLANNERS ~ SURVEYORS September 4, 2002 Mr. David Salmon, P.E. City of Denton Engineering & Transportation City Hall East 601 E. Hickory Denton, TX 7620 Re: Beaver Creek Variance Request Dear Mr. Salmon: The following are the rationale regarding our variance request of Section 35.20.3.M of the City of Denton's Development Code. For ease of reference, the following are organized according to the five required criteria that must be met for the City to grant the variance. 1) The granting of the variance will in no way be detrimental to the public safety, health, or welfare or injurious to other property surrounding the subject property. 2) The granting of the variance will be unique to the subject property and in no way will be applied to any other property. 3) The rationale for the variance request is due to 1) the future closing of Stuart Road at its intersection with Loop 288 and 2) the termination of Stuart Road into the adjacent mobile home park. As discussed with staff on August 22, the improvement of Stuart Road along the entire length of the subject property would serve no purpose. The traffic generated from the first two phases of Beaver Creek would, initially, travel south on Stuart Road to Loop 288. Once the first two phases are completed, the termination of Stuart Road at its intersection with Loop 288 will be required. Since no traffic from Beaver Creek would travel north on Stuart Road, staff suggested a partial variance request eliminating the improvement of Stuart Road north of the northernmost entry and south of the southernmost entry into Beaver Creek. 4) The subject property will remain in agreement with the Zoning Ordinance, Denton Development Plan, Master Plan, or Studies if the variance is granted. 5) The same rationale applies as mentioned above in number 3. Mr. Salmon, I appreciate the staffs time and consideration on this issue and should you have any questions or need any additional information, please do not hesitate to call. Sincerely, Goodwin & Marshall, Inc. SEP 0 5 2002 pLANNING & DEVELOPMENT 6001 BRIDGE STREET, SUITE 100 / FORT WORTH, TEXAS 76112 / 817-429-4373 (METRO) / 817-446-3 I 16 (FAX) CondenscltTM 1 PROCEEDINGS 2 COMMISSIONER APPLE: GOOd evening. At this 3 time I'd like to call to order the regular meeting of the 4 Planning and Zoning Commission for the City of Denton this 5 Wednesday, September the 25th, 2002. If you'll ptease 6 join us in standing to say the Pledge of Allegience to the 7 United States flag and the Texas flag. 8 (Thereupon, the Commission recited the 9 Pledges of Allegiance.) 10 COMMISSIONER APPLE: The first item On OUr 11 Agenda this evening is to approve the minutes of the 12 meetings of August 14th and August 28th, 2002. Do we have 13 any corrections or a motion? 14 COMMISSIONER POWELL: MOVe to approve. 15 COMMISSIONER MULROY: second. 16 COMMISSIONER APPLE: It'S been moved and 17 seconded. Any discussion? Vote, please. Commissioner 18 Johnson, you didn't weigh in. 19 COMMISSIONER JOHNSON: Yeah, my button must 20 not be working. I'd like to abstain on the minutes for 21 the 14th because I wasn't on the Commission at tho time. 22 COMMISSIONER APPLE: That will be fine. 23 COMMISSIONER JOHNSON: we've got these 24 together. 2.5 COMMISSIONER APPLE: YeS, we are taking 5 6 7 8 9 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 Page 3 COMMISSIONER HOLT: seeoBd. COMMISSIONER APPLE: We have a motion and a second for approval. Any discussion? Vote, please. Motion carries 7-0. Now we'll address Item 16 which was to consider changes regarding rules and procedures of the Planning and Zoning Commission. COMMISSIONER MULROY: Madam Chair, I move approval as amended, as the language was amended in the Work Session. COMMISSIONER APPLE: We have a motion to approve. COMMISSIONER HOLT: second. COMMISSIONER APPLE: We have a second. Any discussion? Vote, please. Motion carries 7-0. Next on the Agenda wo have an item for individual consideration regarding Beaver Creek Addition. There are two parts to this item, an A and a B. Staff will make the presentation for both and then we'll address both with an individual motion. Mr. Vokoun, if you'll please present. ~' MR. VO~rOU~: Good evening, Madam Chair and members of the Commission. Bud Vokoun, Engineering. You have before you two requests for variances for the Beaver Creek Addition located north of Loop 288 and west of Page 2 1 thorn together at this point. 2 COMMISSIONER JOHNSON: I'll abstain from 3 both of them. 4 COMMISSIONER APPLE: Motiorl carries 6-0 5 with one abstention. 6 The next item is the Consent Agenda which 7 consists of Items 3 through 8. Staff has a correction 8 to make on Item 3, a correction to make on Itmn 9. 9 And without objection before we consider the Consent 10 Agenda, I'd like to pul1 Item No. 16 for a possible 11 amen&Rent. Seeing no objection, staff. 12 MR. REICHHART: Thank you. Item No. -- 13 Agenda Item No. 3 states that the property is zoned 14 sF-7. tt is actually zoned NR-4. The preliminary plat, 15 it was platle~l prior to the adoption of the new 16 regulations so it conforms to the sF-? rules, but it is 17 actually zoned NR-4. 18 And then on Item No. 9, it says that the 19 property is zoned Neighborhood Residential 3 and 20 Neighborhood Residential 4. That should have said 21 Neighborhood Residential 2 and NR4. 22 COMMISSIONER APPLE: Thank you. With those 23 corrections, we can now consider the Consent Agenda Iterns 24 3 through 15. 25 COMMISSIONER MULROY: I'll move approval. Page 4 I Stuart, essentially east of Locust. 2 The first variance, variance V02-0018, is a 3 request for a variance of Section 35.20.2(G.2.) of the 4 Code of Ordinances concerning block lengths. Mr. Matthew 5 Goodwin of Goodwin & Marshall, Incorporated as the 6 applicant represents both the owner and the property 7 owner, has applied for a physical hardship variance of 8 this section concerning block lengths. And in particular 9 block lengths -- block lengths of 600 feet. 10 Property in question, with north being this 11 way, concerns two items. First being a large pond that 12 they want to keep as an amenity. Staff feels that to 13 bring a street across the pond in this area to shorten the 14 block length of this block, as well as this block is 15 inappropriate and the amenity is much mom important. 16 Also, along this property line, there's a steep slope, 17 ' which restricts this block from being -- having continuity 18 to the adjacent property. Any questions? 19 The second item -- 20 COMMISSIONER ROY: EXCUSO me. Could you 21 show me where Long Road is7 I can't read your map, 22 MR. VOKOU-~: Long Road eventually will be 23 projected from this street to this direction. 24 COMMISSIONER ROY: SO about where your "N" 25 is is Long Road? PLANNING AND ZONING COMMISSION SEPTEMBER 25TH, 2002 Page 1 - Page 4 CondcnscltTM 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. VOKOUN: About where the "N" is showing. COMMISSIONER ROY: okay. Thank you. Ma. VOKOUN: I'm sorry. It'S right here. That's an casement. Long Road is right hem. And we'll continue then, this will also be Long Road. This will continue east to wlmt is now the school property. Any other questions? Tho second item is a hardship request for a variance of Section 35.20.2(G.2.) of the Code of Ordinances. I'm sorry. Section 35.20.2(L.3.a.) of the Page 5 1 2 3 4 6 7 8 9 10 11 Code of Ordinances concerning improvements to a perimeter street. In this case here the applicant is concerned and being required to close this section of Stuart Road with a cul-de-sac after two phases. I'm sorry. There you are. A cul-de-sac is to be built right in here after the first two phases. Therefore, the future use of Stuart and this section is very minor. The cul-de-sac will be built here to service a property that is presently between Loop 288 and this development. Also, a section of roadway from this proposed street to the north should not generale much traffic from this development because it services a mobile home park to that area. We don't see much generation to that area. We see the generation largely on Long and then to the west. Any questions? 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 1 COMMISSIONER POWELL: Yes. I'm sorry. 2 MR. VOKOUN: Okay. 3 COMMISSIONER APPLE: commissioner Powcll. 4 COMMISSIONER POWELL: I may not understand 5 what you said. If I understand what you said correctly, 6 it' I understand correctly, Stuart Road will be closed 7 there at the Loop? 8 MR. VOKOUN: ','es, sir. 9 COMMISSIONER POWELL: why? How would 10 people get back to the -- 11 MR. VOKOUN: Long Road is being built by 12 the school district. 13 COMMISSIONER POWELL: rm sorry. Got you. 14 Thank you very much. 15 COMMISSIONER APPLE: commissioner Roy. 16 COMMISSIONER ROY: I want to carry that on 17 just a little bit. 18 MR. VOKOUN': sure. 19 COMMISSIONER ROY: StUart Road, I 20 understand the concept for closing these roads. We talked 21 about that, Kings Row and such. But has there been a 22 decision that there will not be a service road when 288 is 23 converted? 24 MR. VOKOUN: Yes, sir. Yes, sir. 25 COMMISSIONER ROY: SO there will be no service road? TxDOT? Page 7 MR. VOKOUN: Yes, sir. COMMISSIONER ROY: This decision is made by MR. VOKOUN: YeS. COMMISSIONER ROY: Okay. Thank you. MR. VOKOUN: This section of roadway, this section of the Loop was determined at -- some time ago to not have frontage roads. COMMISSIONER APPLE: Thank you. Commissioners? COMMISSIONER MULROY:. Yes, Madam Chair. I would move to approve the first item, V02-0018, having tc do with the block lengths, approve the variance as submitted. COMMISSIONER JOHNSON: second. COMMISSIONER APPLE: We have a motion and a Any discussion? Vote, please. Motion carries second. 7-0. COMMISSIONER MULROY: I move on tho approval of the second item as submitted. COMMISSIONER $OHNSON: second. COMMISSIONER APPLE: We have a motion to approve B and a second. Any discussion? Vote, please. Motion carries 7-0. Mr. Grace, before you make your Page 8 1 presentation? I think Mr. Reichhart had an announcement he 2 wanted to make prior to the public hearings. 3 MR. REICmtA~T: Thank you, Chairman. Oa 4 our Agenda tonight is a public hearing for some property 5 along -- north of McKinncy that's identified hem in the 6 green. Also, recently there was a developer looking at 7 developing this parcel north of McKinney, east of Audra, 8 and they had a neighborhood meeting regarding that 9 property. And there's some overlap in the notices between 10 the two and ihere might be some confusion tonight that 11 this public hearing for the multi-family development is on 12 the Agenda tonight. And we just wanted to make sure 13 everybody realized that it was not going to be heard 14 tonight. 15 COMMISSIONER APPLE: Thank you for making 16 that distinction. Prior to starting the public hearing, 17 we'd just like to make everyone aware that these cards are I8 out on a table out there. And if you wish to express an 19 opinion either for or against any of the Agenda items, if 20 you would fill one of these out and pass it up to the 21 Commission. You don't have to speak if you fill one of 22 these out. There's a place to check if you wish to speak 23 and there's a place TO check if you. don't wish to speak, 24 but you'd still llke to express an opinion so that you can 25 be heard. Thank you. PLANNING AND ZONING COMMISSION SEPTEMBER 25TH, 2002 Page 5 - Page 8 Item #4E AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET October 15, 2002 Engineering Dave Hill, 349-8314 '~::~.~,~¥ SUBJECT Consider adoption of an ordinance by the City of Denton abandoning and vacating its Gas and Utility Easement recorded in Volume 569, Page 681, Deed Records of Denton County, Texas; and providing an effective date. BACKGROUND The landowner has requested an ordinance to abandon and vacate a Gas and Utility Easement located on property to be utilized as part of the Denton Crossing development. The easement was previously used in conjunction with a Lone Star Gas easement to provide a service line to former occupants of the property. The successor to Lone Star Gas (Oncor/TXU Gas Company) is in the process of abandoning their easement The property is to be improved as part of the Denton Crossing development. OPTIONS 1. Approve the Ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of Ordinance. ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW None FISCAL INFORMATION N/A ATTACHMENTS Location Map Ordinance Exhibits Respectfully submitted: Charles Fiedler, Director Engineering Department 0 .J @~:~ o ~@~ ORDINANCE NO. AN ORDINANCE BY THE CITY OF DENTON ABANDONING AND VACATING ITS GAS AND UTILITY EASEMENT RECORDED iN VOLUME 569, PAGE 681, DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Hunt Properties, Inc., has made a request to the City Council of the City of DeNon, Texas to close and abandon a gas and utility easemem comaining approximately 0.06 acre of land recorded in Volume 569, Page 681, Deed Records of DeNon County, Texas (the "Property"); and WHEREAS, the City of DeNon Engineering Departmem has reviewed the Property and determined that it is excess easemem and is not needed for future utility purposes; and WHEREAS, the City Council hereby finds and determines that the Property is not needed for gas and utility easemem purposes and it is in the public imerest to abandon the Property and the City's imerests therein to the landowner, Hunt Properties, inc. ("Currem Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The Property recorded in Volume 569, Page 681 of the Deed Records of Denton County, Texas is vacated and permanently abandoned as a public easemem. SECTION 2. The imerests of the City of DeNon in the Property is hereby released and will revert to the owners as provided by law. SECTION 3. This ordinance shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 Item #4F AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: October 15, 2002 Questions concerning this acquisition may be directed Materials Management to Herb Prouty 349-7799 Ed Hodney 349-8271 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the advertisement for a non-drilling, paid-up pooling agreemem for an oil and gas lease agreemem for South Lakes Park within the City of DeNon, Texas and providing an effective date. BACKGROUND INFORMATION There are several legal issues that arise when leasing oil and gas mineral interests held by park land in a city. Pursuam to the Texas Parks and Wildlife Code, the City held a Chapter 26 public hearing on July 16, 2002 to solicit input from the public on whether to lease these mineral imerests under the non-drilling/pooling provision. The next step is to comply with Chapter 71 of the Texas Natural Resources Code which requires that notice be given and a public hearing be held for consideration of bids. A city may award the lease to the highest and best bidder who submits a bid or reject all bids and re-advertise for additional bids. The bid will consist of the same bid forms and documentation that was used for the Denton Municipal Airport Oil and Gas Lease with the exception of a non-drilling/pooling provision. Notice will be given in the newspaper for three weeks. Then, a public hearing will be held to award the bid to the best bidder under a non-drilling/pooling agreemem. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) On July 16, 2002, the City Council held a public hearing and adopted an ordinance graining approval of an off-site sub surface use of South Lakes Park for the purpose of oil and gas drilling operations in accordance with Chapter 26 of the Texas Parks and Wildlife Code. RECOMMENDATION Staff recommends the adoption of an ordinance authorizing the advertisement for a non-drilling, paid up pooling agreemem for an oil and gas lease agreemem for South Lakes Park. ESTIMATED SCHEDULE OF PROJECT Implememation of the lease would be fall/wimer 2002. Agenda Information Sheet October 15, 2002 Page 2 FISCAL INFORMATION The City will receive compensation for the lease of the land and royalties on the production of the gas and oil. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AlS-Oil and Gas Lease Southlakes ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE ADVERTISEMENT FOR A NON-DRILLING, PAID-UP POOLING AGREEMENT FOR AN OIL AND GAS LEASE AGREEMENT FOR SOUTH LAKES PARK WITHIN THE CITY OF DENTON, TEXAS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 16, 2002 the City Council of The City of DeNon held a public hearing pursuam to Chapter 26 of the Texas Parks and Wildlife Code and made the determination that the sub-surface use of South Lakes Park for the purpose of an Oil and Gas Nondrilling/Pooling Agreemem should be allowed and the surface of the park may still be used by its patrons after completion of the sub-surface use of the park; and WHEREAS, pursuant to Section 71.005(a) of the Texas Natural Resources Code, the City Council of The City of DeNon has determined that it is advisable to lease the sub-surface of South Lakes Park for the purpose of an Oil and Gas Nondrilling/Pooling Agreemem; and WHEREAS, the City Council desires to authorize the City Manager or his designee to bid the sub-surface mineral imerests for a Nondrilling/Pooling Agreemem at South Lakes Park according to law. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings comained in the preamble of this ordinance are incorporated imo the body of this ordinance. SECTION 2. That pursuant to Chapter 71 of the Texas Natural Resources Code, the City Council hereby authorizes the advertisemem for a Non-Drilling, Paid-Up Pooling Agreemem for an Oil and Gas Lease Agreemem for South Lakes Park within the City of Demon, Texas. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Item #4G AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 15, 2002 Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 or Anna Mosqueda 349-8127 Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance of the City of DeNon, Texas authorizing a personal and professional services agreemem between the City of DeNon and Lynn Cardona for consulting services and system assistance in the Financial/Human Resources Software known as JD Edwards; and providing for an effective date (Personal and Professional Services Agreemem with Lynn Cardona in the amoum not to exceed $89,000). AGREEMENT INFORMATION In October 2001, the City of DeNon converted its 25 year-old mainframe based financial system to JD Edwards, an integrated local area network based system, which provides tremendously advanced reporting and user accessibility. Seven modules were implememed: Payroll, Human Resources, Financials/General Ledger, Accounts Payable, Purchasing, Inventory, Fixed Assets and Job Cost (used for capital project reporting). The change in the system that forms the financial backbone of the organization has been the catalyst for significant change in processes that take advantage of the "best practices" which JD Edwards incorporates. The new financial system has also made transaction data available on-line on a real time basis to departments. The conversion that took place October 2001 was the first step toward full implementation of the new system. This fiscal year the second step of the implementation schedule will include among other actions the following requirements for our first year-end close using the new JD Edwards financial system: · Implememation and developmem of reporting for new Governmemal Accouming Standards Board (GASB) 34 requiremems · First annual close of financials and all related schedules, reports for Comprehensive Annual Financial Report (CAFR) and process developmem · Preparation and audit of 1099's · Fixed Asset annual close and report writing · Close and reporting for new Job Cost module used for capital projects · Report writing and set-up of specific department requested reporting including FERC reporting for Electric Utility operations Agenda Information Sheet October 15, 2002 Page 2 AGREEMENT INFORMATION (CONTINUED) This is the first year to use the new system to do a fiscal year end close; and, is also the year in which the new GASB 34 financial reporting model must be implemented. In order to insure the cominued successful implememation for the City of DeMon's first year-end close and implementation of new GASB 34 requirements utilizing the new integrated financial system, this agreement with Lynn Cardona for professional technology related consulting services is critical. This comractor, Lynn Cardona, was chosen based upon her specific knowledge, experience and expertise with the JD Edwards software package. She served as the project consultant in the JD Edwards's structure set-up and initial implementation phase. That experience makes her the best consultant for the assistance and consulting needed to carry the project forward to implement the items highlighted above and assist in system troubleshooting that will be required to make this first year-end close and GASB 34 implementation on the new system successful. The rate of $100 per hour is a fair and reasonable rate and equal to the rate charges charged by others with similar expertise. RECOMMENDATION We recommend the Professional Services Agreemem with Lynn Cardona be approved in the amoum of $89,000, which includes reimbursable expenses. PRINCIPAL PLACE OF BUSINESS Lynn Cardona Manteca, CA ESTIMATED SCHEDULE OF PROJECT The scope of work will require an estimated 720 hours to complete. FISCAL INFORMATION This agreemem will be funded out of Technology Services accoum 830400.7854. Only hours worked and approved expenses will be paid. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AlS-Personal Services Agree~nent Lyrm Cardona ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING A PERSONAL AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND LYNN CARDONA FOR CONSULTING SERVICES AND SYSTEM ASSISTANCE IN THE FINANCIAL/HUMAN RESOURCES SOFTWARE KNOWN AS JD EDWARDS; AND PROVIDING AN EFFECTIVE DATE (PERSONAL AND PROFESSIONAL SERVICES AGREEMENT WiTH LYNN CARDONA iN THE AMOUNT NOT TO EXCEED $89,000). WHEREAS, The personal and professional services provider, Lynn Cardona (the "Provider) is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed personal and professional services; and WHEREAS, The fees under the proposed agreement are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to enter into a personal and professional service agreement with the Provider to provide personal, professional and consulting services and system assistance for the Financial/Human Resources software known as JD Edwards in substantially the same form as the agreement attached hereto and incorporated by reference herein (the "Agreement"). The City Manager, or his designee, is authorized to exercise the City's rights, responsibilities and duties under the Agreement. SECTION 2. The City Manager, or his designee, is authorized to expend funds as required by the Agreement. SECTION 3. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: PERSONAL AND PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into to be effective as of the 1st day of October 2002, through the 31st day of January, 2003, by and between the City of Denton, Texas, Denton County, Texas 76201, and LYNN CAR_DONA, hereinafter called "CONSULTANT", acting herein, by and through their duly authorized representatives. WHEREAS, the City of Denton wishes to provide the following services: · Annual Close of Financial System · GASB 34 and CAFR Reporting · Continued Job Cost Refinement and Report Writing · Annual Grant Reporting · Audit of 1099 information · Preparation of 1099's · Fixed Asset Annual Close and Report Writing · Report Writing- Various department requirements · General System Troubleshooting to its citizens at The Office of the Finance Director. WHEREAS, LYNN CARDONA .(hereinafter referred to as "Contractor") is specially skilled and qualified to provide these services and desires to provide same under the terms and conditions set forth below. HI. WHEREAS, City hereby contracts with Contractor to provide consulting for: · Annual Close of Financial System · GASB 34 and CAFR Reporting · Continued Job Cost Refinement and Report Writing · Annual Grant Reporting · Audit of 1099 information · Preparationof1099's · Fixed Asset Annual Close and Report Writing · Report Writing- Various department requirements · General System Troubleshooting -1- (See Attachment A of this document) for its citizens and any others qualified to receive these services, the City of Denton hereby contracts with the Contractor to provide approved Consulting and Related Activities of the Finance Office. The parties have conducted negotiations and as a result of these negotiations agree that $10_9_p__~. hour plus reimbursable expenses not to exceed $89,000 is a just and reasonable fee for the performance or the services, which are the subject of this contract. (See Attachment B to this document). The fee is to be paid to contractor with/n 14 days after receipt of billing for time and expenses up to the date of billing. Contractor and City acknowledge and agree that Lynn Cardona is and shall be deemed an independent contractor for the services she provides under this Contract. Further, because Lynn Cardona is an independent contractor, the parties agree: The City will make no withholding for taxes of any type from the fee agreed upon in Article IV. All taxes, including, but not limited to Social Security, unemployment, FICA or other monies owned to any State, Local or Federal governmental entity, including applicable penalties and interest, are to be paid by Contractor and are solely the liability of same. In the event a claim is made against City for payment of taxes, penalties or interest for or on behalf of Contractor, Contractor agrees to indemnify and hold harmless City of such damages, including costs and expenses. City will not provide worker's compensation for Contractor for services performed pursuant to this Contract. This is a non-exclusive contract. Contractor is free to advertise and provide his/her services to persons or entities other than the City. Further, City may use other contractors or its own employees to conduct the same services as Contractor. Any insurance the City may have for its facility described above is solely for the benefit of the City. The City shall not be liable for injuries to property or persons (including death), which are the result of the activities of the Contractor. Contractor agrees he/she shall be liable for injuries to himself/herself or others caused by his/her own negligence, omissions, malfeasance, or intentional conduct. When applicable, for the services provided, contractor shall provide insurance for the activity as provided in the policies of the contract instructors program. -2- VI. This Contract can be terminated by the City, at any time with notice to Contractor. In the event City terminates the Contract without the fault of Contractor, Contractor shall be entitled to her fee and expenses for work satisfactorily completed to the date of termination. In the event of default of Contractor for any term or provision of this Contract, the City upon notice to the Contractor of such default, may terminate this Contract without fitrther obligations or liability. In the event of termination for cause, the Contractor shall only receive payment, for work satisfactorily completed, less any damages incurred by the City for the default. VIII. The Contractor shall at all times exercise reasonable precautions for the safety of participants and others on or near the City's facility and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. Thc Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any matter affect the Contractor or the work, and shall indemnify, defend and save harmless the City against any claim arising for the violation of any such laws, ordinances and regulations whether by the Contractors or its employees. Contractor shall provide, at his or her own cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. XI. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract, and the exclusive venue for any legal proceedings involving this Contract shall be Denton County, Texas. The Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, and agrees this contract will not be assigned or sublet without the prior written consent of thc City. -3- XIII. The Contractor shall defend, indemnify and hold harmless the City and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use, losses demands, suites, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out or of or resulting fi.om the performance of this Contract or caused by the negligent or intentional act or omission of the Contractor, its officers, agents, employees, subcontractors or invitees. This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. This Agreement ratifies and authorizes payment for any work performed by Contractive prior to the effective date of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the __ DAY OF ., 2002. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HEKB~UTY,.. CITY ATTORNEY BY: L'~lq~~ ONA,'--~i'4 SULTAN T -4- ATTACHMENT "A" SCOPE OF SERVICES WHEREAS, City hereby contracts with Contractor to provide consulting to · Annual Close of Financial System · GASB 34 and CAFR Reporting · Continued Job Cost Refinement and Report Writing · Annual Grant Reporting · Audit of 1099 information · Preparation of 1099's · Fixed Asset Annual Close and Report Writing · Report Writing- Various department requirements · General System Troubleshooting for its citizens and any others qualified to receive these services, the City of Denton hereby contracts with the Contractor to provide approved Consulting and Related Activities of the Finance Office. ATTACHMENT "B" COST ESTIMATES Consultant Rate $100.00 Travel/Expenses Estimated Hours 720 Estimated Fees/Expenses $ 72,000 $17,00Q $ 89,000 -6- Item #4H AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 15, 2002 Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT Consider adoption of an ordinance awarding a contract for the purchase of Novell product licenses, the additional maintenance associated with the additional licenses, and the annual maintenance for the currently licensed products as awarded by the State of Texas Building and Procurement Commission through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2903 to SHI Govemmem Solutions in an amoum not to exceed $115,362.88). BID INFORMATION SHI is the awarded comract supplier for the State of Texas Novell Products (QISV Vendor #1223695478500/82075), and is the holder of the State of Texas Master License Agreemem under which the City of DeNon acquires and licenses their Novell Software. RECOMMENDATION We recommend that File 2903-SHI Government Solutions be approved in the amount not to exceed $115,362.88. PRINCIPAL PLACE OF BUSINESS SHI Government Solutions Austin, TX ESTIMATED SCHEDULE OF PROJECT This is an annual agreement that is in effect from September 1, 2002 through August 31, 2003. FISCAL INFORMATION This maimenance agreemem will be funded from Technology Services accoum 830500.6504. Agenda Information Sheet October 15, 2002 Page 2 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quotation from SHI Government Solutions 1-AlS-File 2903 SHI Quote # 309064 Attachment 1 Page 1 of 2 SHI-Government Solutions Pricing Proposal Quotation #: 309064 Quote Valid Until: 10/31/2002 City of Denton SHI-Government Solutions Account Exec Jim Avery 601 E. Hickory, Suite A Denton, TX 76205 Phone: 940-349-7758 Fax:940-349-8533 All Prices are in US Dollar (USD) Product Sandra Pisula SHI Government Solutions 1250 Capital of Texas Hwy South Building One, Suite 350 Austin, TX 78746 Phone: 800-845-6801 Fax: (512) 732-0232 Qty Your Price Total 900 20.35 18,315.00 1 Netware Node Maintenance Mfg Part~: MNT-005178-001 2 Groupwise Mailbox Maintenance Mfg Part#: MNT-005152-001 972 17.19 16.708.68 3 Border Manager User Maintenance Mfg Part#: MNT-O05278-O01 900 5.21 4,689.00 4 ZENworks for Desktops/Server Suite User Maintenance Mfg Partg: MNT-005283-001 750 10.42 7,815.00 5 Novell Account Mgmt User Maintenance Mfg Part#: MNT-004961-001 600 3.65 2,190.00 6 Novell Portal Services User Maintenance Mfg Part~: MNT-005207-001 856 7.81 6,685.36 7 iChain User Maintenance Mfg Part#: MNT-005270-001 850 1.30 1,105.00 8 ZENworks OnDemand Services User Maintenance Mf~l PartS; MNT-O05255-O01 723 10.42 7,533.66 SecureLogin 3.0 1-User Maintenance - Annual maintenance required with license. Current maintenance period ends August 31st; renewal maintenance due each September 1st. Mfg Part#: MNT-005201-001 900 10.42 9,378.00 10 Metastorm e-Work 5.3 Enterprise Server Maintenance -Annual maintenance required with license. Current maintenance period ends August 31st; renewal maintenance due each September 1st. Mfg Part~: MNT-005271-001 Note: *Pending SPR per Novell * 1 1,953.13 1,953.13 11 Metastorm e-Work 5.3 Designer Maintenance - Annual maintenance required with license. Current maintenance period ends August 31 st; renewal maintenance due each September 1st. Mfg PartW: MNT-005273-001 10 130.21 1,302.10 12 Metastorm e-Work 5.3 1-User Full Client Maintenance - Annual maintenance required with license. Current maintenance period ends August 31st; renewal maintenance due each September 1st. Mfg PartS: MNT-005275-001 723 26.04 18,826.92 file://D:\Temp\SHIQuote.htm 10/3/02 SHI Quote # 309064 Page 2 of 2 Note: *pending SPR per Novell* 13 NetWare 6 & Prior 1-User License -Annual maintenance required with license. Current maintenance period ends August 31st; renewal maintenance due each September 1st, Mfg Part~: LIC-005610-001 44 82.29 3,620.76 14 ZENworks for Desktops 4/Servers 3 Suite & Prior 1-User e-License Mfg Part~: 979-000071-001 27 41.15 1,111.05 15 SecureLogin 3.0 1-User License - Annual maintenance required with license. Current maintenance period ends August 31st; renewal maintenance due each September 1st. Mfg Parl~: LIC-005630-001 44 41.15 1,810.§0 16 iChain 2.1 1-User e. License -Annual maintenance required with license. Current maintenance period ends August 31st; renewal maintenance due each September 1st. Mfg Par~: 979-000031-001 127 5.21 661.67 17 iFolder Professional Edition 2.0 1-User Maintenance - Annual maintenance required with license, Current maintenance period ends August 31st; renewal maintenance due each September 1st, Mfg Part& MNT-005249-001 900 6.25 5,625.00 18 BorderManafler 3.7 1-User e-License - Annual maintenance required with license. Current maintenance period ends August 31st; renewal maintenance due each September 1st. Mfg Part~: LIC-005662-001 Additional Comments 127 20.83 2,645.41 Total 111,976.34 Novell Master License Agreement Maintenance for the period: Sept. 1,2002 - August 31,2003 *** PLEASE REFERENCE YOUR NEW MLA MEMBERSHIP NUMBER 127352-M5×0804 ON YOUR PURCHASE ORDER *** please submit this quote along with your purchase order. we are a State of Texas QISV vendor, and the prices quoted are at or file ://12):\Temp\SHIQuote.htm 10/3/02 ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF NOVELL PRODUCT LICENSES, THE ADDITIONAL MAINTENANCE ASSOCIATED WITH THE ADDITIONAL LICENSES, AND THE ANNUAL MAINTENANCE FOR THE CURRENTLY LICENSED PRODUCTS AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2903 TO SHI GOVERNMENT SOLUTIONS IN AN AMOUNT NOT TO EXCEED $115,362.88). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing General Services Commission's Qualified Information Service Vendor Catalogue Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "QISV Catalogue"); and WHEREAS, the herein described vendor is a qualified vendor in the QISV Catalogue and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QISV Catalogue purchase; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 2903 SHI Government Solutions $115,362.88 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in File 2903 wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the subject file, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 2903 Item #41 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 15, 2002 Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT Consider adoption of an Ordinance of the City of DeNon, Texas providing for the expenditure of funds for an annual maimenance agreemem for the JD Edwards OneWorld software package which is available from only one source in accordance with the provision of State Law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 2904 to JD Edwards in the amount of $80,400). FILE INFORMATION JD Edwards OneWorld is the City's financial, accouming, purchasing, human resources and payroll system. The original software license and maintenance agreement was awarded by Council on November 2, 1999 (Ordinance 99-403). It is necessary to maimain full support coverage on an annual basis to ensure the availability of updates and product fixes. JD Edwards is the sole source vendor for maimenance on the JD Edwards OneWorld Software package. RECOMMENDATION We recommend that the annual maintenance agreement for the JD Edwards OneWorld software be awarded to JD Edwards in the amoum of $80,400. PRINCIPAL PLACE OF BUSINESS JD Edwards Denver, Colorado ESTIMATED SCHEDULE OF PROJECT This is an annual agreemem beginning November 1, 2002 through October 31, 2003. FISCAL INFORMATION This agreemem will be funded from Technology Services accoum 830400.6504. Agenda Information Sheet October 15, 2002 Page 2 Attachment 1: Invoice 1-AlS-File 2904 JD Edwar&s Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 Invoice J DE DWARDS' ~ Number t Irnmk;. ~ 9/1~02 Due Dat~ 10/18/02 customer Number 6557929 ogl To, Number 6667926 · ~r~k~ P,~ SILVER Number St~t Date End Date 11/1/02 t0/31103 Users . DeKd~On ..........................~CQ~..~.~ ............. T~m Amount 100 Concurrent Supflott RLSU-Maintenanc~Dlrect LCL 80,400.00 Subto~l RLSU Fees Due 80,400,00 Plu~ Tax Amount .00 Total RL~I F~e~ Due J.D.Edw~rtls 80,4~0..~. USD Geo~ra~'= b~ekou~ ~ revenue emoue~ before Mxea. JDE A~ ~ ~d. Ltd. .............. lalea~e remit to J.D, Edward, Del~rlrnent 7T0, Denver, Colorado 8027'1-0770 Electronic Payments to: Citibank, N.A., New York, NY ABA # 02100008g J.D. EdwerCl$ Aooount # 40~888E8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN ANNUAL MAINTENANCE AGREEMENT FOR THE JD EDWARDS ONEWORLD SOFTWARE PACKAGE WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2904 TO JD EDWARDS IN THE AMOUNT OF $80,400). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following purchase of materials, equipment or supplies, as described in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, and the terms and conditions attached hereto are hereby approved: FILE NUMBER VENDOR AMOUNT 2904 JD Edwards $80,400 SECTION 2. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. That this ordinance shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 2904 Item #4J AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET October 15, 2002 Materials Management Questions concerning this acquisition may be directed to Charles Wiley 349-7925 Alex Pettit 349-8595 Kathy DuBose, Fiscal and Municipal Services~ SUBJECT Consider adoption of an Ordinance of the City of DeNon, Texas providing for the expenditure of funds for the renewal of AT&T Wireless Services for Cellular Digital Packet Data (CDPD) and Frame Relay services which are available from only one source in accordance with the provision of State Law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 2905 to AT&T Wireless in an amoum not to exceed $98,000). FILE INFORMATION This renewal is for the cominuation of CDPD and Frame Relay services for the 2002-2003 fiscal year. AT&T Wireless is the only provider of CDPD/Frame Relay services in the Denton area. CDPD (Cellular Digital Packet Data) is the currem wireless solution employed by the DeNon Police and Fire Departments for the transmission of encrypted data between public safety vehicles and the public safety computer network. CDPD connects the vehicle's mobile computer to the Internet, while the Frame Relay is the means to route the Internet to the public safety computer network (securely). RECOMMENDATION We recommend that the cominuation of CDPD and Frame Relay services be awarded to AT&T Wireless in an amoum not to exceed $98,000. PRINCIPAL PLACE OF BUSINESS AT&T Wireless Phoenix, Arizona ESTIMATED SCHEDULE OF PROJECT This is a cominuation of existing service that will remain in effect until cancelled. FISCAL INFORMATION This service will be funded from operating accoum 830700.7944. Agenda Information Sheet October 15, 2002 Page 2 Attachment 1: Quotation 1-AlS-File 2905 AT&T Wireless Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent October 3, 2002 Attachment 1 AT&T Wireless Timothy Smith Assistant to the Chief of Police For Information Technology 601 East Hickory, Suite E Denton, Texas 76205 Mr. Smith, Following are the service rates we discussed for the upcoming fiscal year contract extension. Data (CDPD) Network: a. Occasional Use Government CDPD Plan No Kbps $ 8.00/month Included Kbps Charge In AT&T Wireless CDPD Service Area 5.5¢/Kbps Kbps Charge In Non-AT&T Wireless CDPD Service Areas 5.5¢/Kbps One Time Activation Fee $45.00 I b. Government 1 Low Use CDPD Plan Includes 500 Kbps I $16.00/month Additional Kbps Charge In AT&T Wireless CDPD Service 5¢/Kbps Area Kbps Charge In Non-AT&T Wireless CDPD Service Areas 5¢/Kbps One Time Activation Fee $45.00 c. Government 2 Moderate Use CDPD Plan Includes 1000 $26.00/month Kbps Kbps Charge In AT&T Wireless CDPD Service Area 5¢/Kbps Kbps Charge In Non-AT&T Wireless CDPD Service Areas 5¢/Kbps One Time Activation Fee $45.00 d. Government 3 Heavy Use CDPD Plan Includes 2000 $34.00/month Kbps Kbps Charge In AT&T Wireless CDPD Service Area 5¢/Kbps Kbps Charge In Non-AT&T Wireless CDPD Service Areas 5¢/Kbps One Time Activation Fee $45.00 e. Government Unlimited CDPD Plan $49.00/month Kbps Charge In AT&T Wireless CDPD Service Area 0.0¢/Kbps Kbps Charge In Non-AT&T Wireless CDPD Service Areas 5.5¢/Kbps One Time Activation Fee $45.00 Attachment 1 ~:~ AT&T Wireless Wireless Data Service Options for Mobile Internet Equipment Using AT&T Wireless GPRS Data Network. Monthly Service Charge Included In Out of Plan Plan Data MB Data Per KB $15.99 2 MB $0.0078 $19.99 3 MB $0.0065 $29.99 6 MB $0.0049 $39.99 10 MB $0.0039 $59.99 20 MB $0.0029 $79.99 40 MB $0.002 $119.99 80 MB $0.0015 $199.99 200 MB $0.001 CDPD Service and GPRS service receive discounts when associated with the TEXAN 2000 contract through the State of Texas. Currently the earned variable discount shared by participating, Qualified Ordering Entities is 15%. The 15% is applied a lump sum discount at the bottom of the invoice. Discounts are not applied at the rate plan level. Qualified charges include the monthly recurring charge and on-net KB charges. The discounts are applied in arrears. Discounts will appear on or before the third billing cycle after the month actual charges are generated. Frame Relay Circuit Wireless Connectivity Option 1 PVC $549.00 Thank you for your continued business. Feel free to contact me if you have any further questions at 214- 850-0022 Zeb Stone Global Account Manager ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE RENEWAL OF AT&T WIRELESS SERVICES FOR CELLULAR DIGITAL PACKET DATA (CDPD) AND FRAME RELAY SERVICES WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2905 TO AT&T WIRELESS IN AN AMOUNT NOT TO EXCEED $98,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following purchase of materials, equipment or supplies, as described in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, and the terms and conditions attached hereto are hereby approved: FILE NUMBER 2905 VENDOR AMOUNT AT&T Wireless $98,000 SECTION 2. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. That this ordinance shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 2905 Item #4K AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: October 15, 2002 Economic Development Dave Hill, 349-8314 ;.";~',"~ SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas approving and authorizing the Mayor to execute an interlocal agreemeN between the City of DeNon and the City of Fort Worth for the mitigation of lead based pain hazards; and declaring an effective date. BACKGROUND This ordinance authorizes the Mayor to approve an iNerlocal agreement between the City of Fort Worth and the City of DeNon. City Council approved Resolution R2001-018 authorizing the City Manager to participate with the City of Fort Worth in developing and submitting an application to the United States Department of Housing and Urban Development Lead-Based Paint Hazard Control Grant Program. The City of Fort Worth was awarded $3 million dollars from this application. The City of DeNon will receive $300,000 as a sub recipieN of this grant. The Interlocal AgreemeN defines the goals, objectives and milestones for DeNon to complete a Lead-based Paint Hazard Control Program that will be accomplished using these funds. OPTIONS Approve Draft Ordinance Request revisions to Interlocal Agreement RECOMMENDATION Staff recommends adoption of the ordinance ESTIMATED SCHEDULE OF PROJECT The INerlocal AgreemeN for the Lead Hazard Control Program will be in effect for lead-based pain hazard reduction projects through March 31, 2005. PRIOR ACTION/REVIEW City Council approved Resolution R2001-018 authorizing the City of Denton to participate with the City of Fort Worth in the development and application of the Lead Hazard Control Grant from the United States Department of Housing and Urban Development Lead-Based Paint Hazard Control Grant Program grant application. Lead-based pain hazard reduction and control is an activity included in the City of Denton 2002 Action Plan for Housing and Community Development. FISCAL INFORMATION This grant will be used in combination with CDBG and HOME grant funds. Lead-based pain hazard controls will be completed in combination with the home improvemeN or minor repair program projects when required. A small amount of general fund dollars are included as match for professional fees for Legal services to review legal documents. The matching dollars are detailed in Attachment B to the Inteflocal Agreement. ATTACHMENTS 1. Draft Ordinance 2. Inteflocal Agreement 3. Attachment A to Inteflocal Agreement: Scope of Work 4. Attachment B to Inteflocal Agreement: Budget for Denton ALERT Program 5. Attachment C to Inteflocal Agreement: Work Plan Goals, Objectives and Milestones Respectfully submitted: Prepared by: Linda B. Ratliff Director, Economic Department Nancy L. Baker Housing Program Manager S:\Our Documcnts\Ordinancos\02q oa d basod paint lbrt wor/h agroomcnt.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF FORT WORTH FOR THE MITIGATION OF LEAD BASED PAINT HAZARDS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Demon hereby approves an Agreemem between the City of Demon and the City of Fort Worth, Texas for the mitigation of lead based paim hazards, a copy of which is attached hereto and incorporated by reference herein. The Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute this Agreement on behalf of the City. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: FW-Denton interlocal lead paint STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CITY OF DENTON This Agreement is made and entered into by and between the City of Fort Worth, Texas, a municipal corporation located in Tarrant, Denton and Wise Counties, acting by and through Reid Rector, its duly authorized Assistant City Manager, hereinafter referred to as CITY, and the City of Denton, Texas a municipal corporation located in Denton County, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development under its Lead-Based Paint Hazard Control Program (LHCP); and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized expenditure of funds for mitigation and removal of lead-based paint hazards in various locations within CONTRACTOR'S corporate limits; and WHEREAS, CITY has designated the Fort Worth Housing Department as the unit responsible for the administration of this Agreement and all matters pertaining 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 municipal government, including the provision of stabilization and/or removal of lead-based paint hazards from structures which pose a threat to the health of its citizens; 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 the Lead-Based Paint hazard Control Act of 1992, as amended; and WHEREAS, this Agreement involves governmental functions that each party individually can perform; and FW-Denton interlocal lead paint WHEREAS, the provision of these services is a governmental function that serves the public health and welfare, and is of mutual concern to the contracting parties; and WHEREAS, CITY will make payments from current revenues and CONTRACTOR agrees that these payments by CITY fairly compensate it for the services performed; and WHEREAS, CONTRACTOR and CITY mutually desire to be subject to the provisions of V.T.C.A. Gov't Code ch. 791, the Interlocal Cooperation Act, and all other applicable statutes and laws pursuant thereto; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. TERM This agreement shall commence on or as of April 1, 2002, and shall terminate on March 31, 2005 unless adjusted by CITY. Request for such an adjustment must be in writing and is to be submitted to CITY's Housing Department, 908 Monroe, Fort Worth, Texas, 76102. RESPONSIBILITIES CONTRACTOR hereby accepts responsibility for carrying out all activities described in the Scope of Work attached hereto as Attachment "A", in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CONTRACTOR hereby accepts responsibility for assuring the complete performance of all services and activities. The CONTRACTOR will perform in accordance with the Project Budget attached hereto as Attachment B, and the Work Plan Goals and Objectives and Performance Milestones attached hereto as Attachment "C", in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY understands that CONTRACTOR intends to obtain appropriate agreements as necessary to ensure performance of the terms and conditions of this Agreement. FW-Denton interlocal lead paint CITY will consider CONTRACTOR's Community Development Administrator to be the CONTRACTOR'S representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and, approved by CITY. CITY's Housing Director will be the CITY'S representative responsible for the administration of this Agreement. CITY'S OBLIGATION A. Limit of Liability. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made by CITY hereunder shall not exceed the sum of $300,000. B. Measure of Liability. In consideration of full and services and activities hereunder by CONTRACTOR, CITY CONTRACTOR for amounts invoiced, upon approval of work by CITY. satisfactory shall pay (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Lead Hazard Control Grant (LHCG) funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If LHCG 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 CITY. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject 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. FW-Denton interlocal lead paint (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CONTRACTOR where CITY has requested that CONTRACTOR obtain prior written authorization from CITY and CONTRACTOR has failed to obtain same, or after CITY has requested that CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until CITY authorizes CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than the equipment supplier who was the lowest reasonable bidder and/or sole source provider and agreed upon by both CITY and the CONTRACTOR for payment of any monies or provision of any goods or services. C. 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. D. CITY shall comply with all regulations pertinent to its performance under this agreement; specifically, with the HUD Office of Management and Budget Circular A- 87 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 Lead- Based Paint Hazard Control Act of 1992, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the statute as amended and with regulations promulgated thereunder, The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. B. CONTRACTOR shall be responsible for performing the environmental review on each site and monitoring the project for compliance with federal wage and labor requirements. C. CONTRACTOR further agrees and certifies 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 Section 21 of this Agreement. D. CONTRACTOR agrees to abide by the conditions of and comply with all applicable requirements of the Office of Management and Budget Circulars Nos. A-87 and A-128 and the Code of Federal Regulations. FW-Denton interlocal lead paint E. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations in its performance under this agreement. REPRESENTATIONS A. CITY and CONTRACTOR assure and guarantee that they possess the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of the parties, do hereby warrant and guarantee that they have been fully authorized by the parties to execute this Agreement on behalf of same and to validly and legally bind the parties to all terms, performances and provisions herein set forth. C. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. D. CONTRACTOR warrants that it will provide for CITY access to any site for inspection for purposes of this Agreement. E. Any changes to the work authorized by CITY can only be done in writing with the signature of CITY'S City Manager, or his/her designee, plus those of CONTRACTOR and its representatives. WARRANTIES CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY.. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial 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, in the financial condition of CONTRACTOR. FW-Denton interlocal lead paint C. None of the provisions herein contravenes or are in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. D. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the approval of each request for payment. COVENANTS Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants that it will fully comply with all requirements and regulations of any agency with jurisdiction over either the property or the transaction: 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. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in 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 provision. C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts that involve other income-producing services or activities. FW-Denton interlocal lead paint C. It is CONTRACTOR's responsibility to obtain from CITY a prior determination as to whether or not income arising directly 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 in writing by CITY. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, CONTRACTOR shall make available 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, conditions or employment and all other data relating to the program requested by said representatives. 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. FW-Denton interlocal lead paint 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 statistics required by CITY. The financial report shall include information and data relative 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 audit conducted by independent examiners within ten days after receipt of such. 11. MONITORING AND EVALUATION A. CITY may perform on-site monitoring 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 Scope of Work attached hereto as Attachment "A", 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 monitoring 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. Upon request by CITY, 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. 12. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. FW-Denton interlocal lead paint B. CONTRACTOR will comply with statutes and will obtain workers' compensation employers' liability coverage where available appropriate liability coverage for program participants, if applicable. applicable and other C. CONTRACTOR will maintain adequate and continuous liability insurance or self insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. D. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. 13. EQUAL OPPORTUNITY A. CONTRACTOR shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. CONTRACTOR will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. C. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. 14. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, 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 knowingly employed or appointed as a member of its staff. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for him/herself, or others, particularly those with which s/he has family, business, or other ties. FW-Denton interlocal lead paint C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities 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 corporation, 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. 15. NEPOTISM CONTRACTOR shall comply with all applicable laws concerning nepotism. 16. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion 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. 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. 17. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting 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 contribution, or to prepare applications to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. 10 FW-Denton interlocal lead paint 18. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, 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. 19. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice shall be in writing and may be given by certified mail, return receipt requested or any other means reasonably calculated to provide actual notice to the appropriate officials of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as its appropriate to accomplish corrective action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that CONTRACTOR has not come into compliance, the provisions of Section 20 may be effectuated. 11 FW-Denton interlocal lead paint 20. TERMINATION reasons: period of this CITY may terminate this agreement for cause under any of the following (1) CONTRACTOR's failure to attain compliance during any prescribed of suspension as provided in Section 19. (2) CONTRACTOR's violation of covenants, agreements or guarantees Agreement. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this program which substantially exceeds the reasonable requirements of the program. (c) is delinquent in payment of performance of this Agreement in the ordinary course of business. (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 liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in this Agreement. (7) 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 amount 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 12 FW-Denton interlocal lead paint 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 occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise terminate any outstanding orders which relate to the performance of this Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations 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 time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. 21. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm 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 claim, 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), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis 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. 22. 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 13 FW-Denton interlocal lead paint officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, 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, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. 23. 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 unenforceable, the remaining provisions shall remain in full continue to conform to the original intent of both parties hereto. be invalid, illegal, or force and effect and 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 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 in 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 specifically 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 hereto, 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, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. 14 FW-Denton interlocal lead paint E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: TO CITY: TO CONTRACTOR: City Manager City of Fort Worth 1000 Throckmorton St. Ft. Worth, TX 76102 City Manager City of Denton 215 E. McKinney St Denton, Texas 76201 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Tarrant County, Texas. IN WITNESS OF WHICH this Agreement has been executed on this the __ day of ,2002. CITY OF FORT WORTH CITY OF DENTON BY BY: REID RECTOR ASSISTANT CITY MANAGER Approved for Form and Legality: DAVI D L.YETT, CITY ATTO RN EY BY: EULINE BROCK MAYOR APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ATTEST: CITY SECRETARY ATTEST CITY SECRETARY BY: BY: 15 Attachment A Scope of Work In an INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CITY OF DENTON As a partner agency to the City of Fort Worth, the objectives and goals for the City of Denton are to ensure that housing, receiving CDBG and HOME grant funds is lead safe at project completion. Denton will inform the public of the dangers and hazards of lead to children and contractors and maintenance workers. The public will have opportunities to learn how to safely work with lead-based paint in housing. The City of Denton ALERT program supervisor will be Denton's housing program manager. A residential construction specialist will conduct lead risk assessments, lead inspections, clearance testing and project oversight. Incumbents in both positions are State-certified Lead Risk Assessors. A program specialist will complete all applicant intake processing and household relocation planning, data reporting and will create and maintain a lead safe housing stock data base. The following activities will be accomplished. The target units are low/moderate income, owner/occupied-housing units built before 1978 when deteriorated lead-based paint has been identified. Projects will be identified from those households who have successfully applied for home improvement or minor repair assistance. Lead hazard interim controls - Major projects (a minimum of 8 units ~ $10~000 each) and Minor projects (a minimum of 22 units ~ $4~500 each) - Selected homes will be made lead safe by completing interim control activities on all deteriorated lead- based paint. Stabilization of lead-based paint will be completed by an approved State- certified Lead Abatement firm in compliance with all Federal, State and local regulations. Low-level intervention - In units where a Risk Assessment indicates no deteriorated paint or, deteriorated paint is below the "de minimis" level, yet dust wipes analyses shows a presence of leaded dust, a low level intervention will be performed in a minimum of 59 units at an estimate of $165 each. Project will consist ora thorough cleaning. Eligible cleaning finns will perform work. They will reach the required clearance levels as defined by TITLE X and the State of Texas Department of Health, Environmental Lead Branch for dust wipes. It will be arranged for the family to be absent from their home for a minimum of eight consecutive hours Relocation Assistance For households requiting relocation for lead-related construction activities, on units where minimal lead hazard reduction activities are required such as paint stabilization, the household will be temporarily relocated until clearance is achieved by relocating household to a hotel. Household fumishings will be moved into a storage facility, if needed. After clearance of the unit is achieved, the household may retum and inhabit the unit during the completion of the rehabilitation. Once the house has achieved clearance the family and their belongings will be returned home. A total of 30 Interim Controls are to be performed on owner-occupied houses. · Complete Lead-based paint inspections and Risk Assessments as needed - Purchase a Niton XL-309 Dual Detector Spectrum Analyzer · Provide contractors with HEPA vacuum and filter supplies to use at funded project sites at no cost to contractor In addition, the City of Denton will provide funding to complete public awareness activities. information will be designed to prevent lead exposure and poisoning in children by completing the following activities: A total of 149 free blood lead level tests will be provided to children under six years of age that do not have Medicare, CHIPS or private medical insurance. Tests provided will be the finger-prick method. These tests will be scheduled as needed through the Denton County Health Department. Should there be a finding of greater than 10 ig/dL, a follow-up venous blood test will be taken as required as required by State regulations. Reimburse contractor training fees (up to a maximum of $800 each) to five (5) approved contractors who successfully complete training and testing and become State certified Lead abatement firms. · Develop and distribute educational information to teach public of the dangers of lead to children and how to prevent lead poisoning in children. Offer video training tapes on safe work practices geared toward housing maintenance workers and building rehab contractors. Outreach methods will specifically target low- income rental housing maintenance personnel, "handyman" workers and rehabilitation/renovation/remodeling contractors. Grant assistance to help offset increase in liability insurance cost for up to three (3) approved contractors (up to a maximum of $2,000 each) who become State certified Lead abatement firms. These contractors must include hazard material coverage riders. The Denton Alert Program will coordinate these activities to complete Denton's responsibilities in accordance with the contract work plan between HUD and the City of Fort Worth. The City of Denton assures that this program will meet all Federal, State and local regulations and guidelines as required by the Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control. The City of Denton will provide the Fort Worth ALERT Program office with reports and project data in a timely manner as required. Budget Summary ATTACHMENT B Total Budget (Federal Share and Matching) ..TE.'OCA' AG.EEME.T BE VEE. T.E Name and Address of Applicant City of Denton - Denton LHC Program CITY OF FORT WORTH AND CITY OF DENTON 100 W. Oak Street - Suite 208 Community Development Division Denton, TX 76201-4144 Detailed Description of Budget Category Total MATCH BREAKDOWN Estimated · CtyofDenton Denton 1. Personnel (Direct Labor) Hours Rate per Hour Estimated Cost· Federal Share Match CDBG General Fund CHDO Position or Individual Agency Directors (Barbara Ross) 156 $36.43 $5,683 $0 $5,683 5683 '~ LHC Program Supv. (Nancy Baker) 281 $23.60 $6,632 $0 $6,632 6632 Inspector/Risk Assessor (Gordon Meredith) COD 194 $22.54 $4,373 $0 $4,373 4373 Inspector/Risk Assessor (Kathy Askey) CHDO 34 $15.55 $529 $0 $529 529 Com. Dev. Coord. (Luisa Rodriguez-Garcia) 46 $23.87 $1,098 $0 $1,098 1098 Program Specialist (Alma Espino) 90 $18.32 $1,649 $0 $1,649 1649 0 $0.00 $0 $0 $0 0 $0.00 $0 $0 $0 0 $0.00 $0 $0 $0 0 $0.00 $0 $0 $0 0 $0.00 $0 $0 $0 0 $0.00 $0 $0 $0 '~ position is also an inspector/risk assessor 0 $0.00 $0 $0 $0 Total Hours 801 $0.00 $0 $0 $0 Total Direct Labor Cost ~ $19,964 $0 $19,964 $19,435 $0 $529 CtyofDenton 2. Fringe Benefits Rate Base Estimated Cost Federal Share Match CDBG General Fund CHDO FICA 7.71% $19,964 $1,539 $0 $1,539 $1,498 $41 Retirement 11.44% $19,964 $2,284 $0 $2,284 $2,223 $61 Health Ins. 18.46% $19,964 $3,685 $0 $3,685 $3,588 $98 Worker's Compensation 0.94% $19,964 $188 $0 $188 $183 $5 Life Insurance 0.17% $19,964 $34 $0 $34 $33 $1 $19,964 $0 $0 $0 $19,964 $0 $0 $0 $19,964 $0 $0 $0 Total Fringe Benefits Cost ~ $7,730 $0 $7,730 $7,525 $0 $205 3. Travel CtyofDenton 3a. Transportation - Local Private Vehicle Mileage Rate per Mile Estimated Cost Federal Share Match CDBG General Fund CHDO Project Supervisor Denton 1454 $0.315 $458 $0 $458 458 * Inspector/Risk Assessors (1) 750 $0.315 $236 $0 $236 0 236 $o $o $o $o $o $o * $o $o $o $o $o $o Subtotal - Trans - Local Private Vehicle ~ $694 $0 $694 $458 $0 $236 CtyofDenton 3b. Transportation - Airfare Trips Fare Estimated Cost FederaIShare Match CDBG General Fund CHDO Certification Test - Austin 0 $0 $0 $0 Training - CA 0 $0 $0 $0 $o $o $o $o $o $o $o $o $o $o $o $o Subtotal- Transportation- Airfare ~ $0 $0 $0 $0 $0 $0 Prepared 10/3/02 Page 1 of 4 Budget Summary Total Budget (Federal Share and Matching) Detailed Description of Budget CtyofDenton 3c. Transportation - Other Quantity Unit Cost Estimated Cost Federal Share Match CDBG General Fund CHDO COD Vehicle Usage ($175/mo) 36 $175.00 $6,300 $0 $6,300 $6,300 $0 $0 $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o Subtotal - Transportation - Other ~ $6,300 $0 $6,300 $6,300 $0 $0 CtyofDenton 3d. Per Diem or Subsistence Days Rate per Day Estimated Cost Federal Share Match CDBG General Fund CHDO Training- CA 0 $0 $0 $0 Certification Test - Austin 0 $0 $0 $0 $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o Subtotal- Per Diem or Subsistence ~ ~ $0 $0 $0 $0 $0 $0 Total Travel Cost ~ $6,994 $0 $6,994 $6,758 $0 $236 CtyofDenton 4. Equipment (only Items over $5000) Quantity Unit Cost Estimated Cost FederaIShare Match CDBG General Fund CHDO Niton XRF Analyzer 1 $24,355.00 $24,355 $24,355 $0 $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o Total Equipment Cost ~ $24,355 $24,355 $0 $0 $0 $0 CtyofDenton 5a. Supplies & Materials (Consumable Items) Quantity Unit Cost Estimated Cost Federal Share Match CDBG General Fund CHDO HEPA Vacuum bags - 5 Pk 30 $11.50 $345 $0 $345 $345 HEPA Poly Liners 6 $17.50 $105 $0 $105 $105 HEPA Filter 3 $135.00 $405 $0 $405 $405 Dust Test Supplies 270 $1.00 $270 $0 $270 $270 Educational Materials 1 $2,000.00 $2,000 $2,000 $0 $0 Denton Co. Hlth Dept BLL Test 149 $10.00 $1,490 $1,490 $0 $0 o $o.oo $o $o $o $o o $o.oo $o $o $o o $o.oo $o $o $o $o Subtotal Consumable Supplies ~ $4,615 $3,490 $1,125 $1,125 $0 $0 CtyofDenton 5b. Non-Consumable Materials Quantity Unit Cost Estimated Cost Federal Share Match CDBG General Fund CHDO XRF Sources 1 $2,500.00 $2,500 $0 $2,500 $2,500 Educational Materials (TV/VCPJcart) 1 $750.00 $750 $0 $750 $750 Office furniture 1 $640.00 $640 $0 $640 $640 Video Training Tapes 4 $30.00 $120 $0 $120 $120 $o $o $o $o $o $o $o $o $o $o $o $o Subtotal Non-Consumable Supplies ~ $4,010 $0 $4,010 $4,010 Total Supplies Cost ~ ~ $8,625 $3,490 $5,135 $5,135 $0 $0 Prepared 10/3/02 Page 2 of 4 Budget Summary Total Budget (Federal Share and Matching) Detailed Description of Budget CtyofDenton 6. Consultants (Type) Days Rate per Day Estimated Cost Federal Share Match CDBG General Fund CHDO City Attorney for contract review 3 $1,200.00 $3,600 $0 $3,600 $3,600 Public Educator 1 $5,200.00 $5,200 $5,200 $0 $o $o $o $o $o $o $o $o $o Total Consultants Cost ~ $8,800 $5,200 $3,600 $0 $3,600 $0 CtyofDenton CHDO Pri- 7. Contracts and Sub-Grantees (List individually) Estimated Cost FederaIShare Match CDBG General Fund vate Funds Denton LHC Interim Control/Major Rehab Proj 6 $10,000.00 $60,000 $60,000 $0 $0 Denton Rehab (Match Activity) 2 $25,000.00 $50,000 $0 $50,000 $50,000 Denton LHC Interim Control/Minor Repair Pro§. 20 $4,500.00 $90,000 $90,000 $0 $0 Denton Minor Repair (Match Activity) 10 $1,000.00 $10,000 $0 $10,000 $10,000 Denton CHDO LHC Interim Controls/Major iehab Proj. 2 $10,000.00 $20,000 $20,000 $0 $0 Denton CHDO Rehab (Match Activity) 2 $5,000.00 $10,000 $0 $10,000 $0 $10,000 Denton CHDO LHC Interim Control/Minor Repair Projs. 2 $5,000.00 $10,000 $10,000 $0 $0 Denton CHDO Minor Repair (Match Activity) 2 $1,000.00 $2,000 $0 $2,000 $0 $2,000 $o $o $o Hazard Mtl Ins. Assistance for Contractors 3 $2,000.00 $6,000 $6,000 $0 $0 Lead Contractor Trn§ Assistance 5 $800.00 $4,000 $4,000 $0 $0 Safe Worker Trn§ Assistance 18 $35.00 $630 $630 $0 $0 Lead Supv Trn§ Assistnace 7 $370.00 $2,590 $2,590 $0 $0 Train the Trainer for Worker Cert. Trn§ (20) 1 $4,000.00 $4,000 $4,000 $0 $0 Low Level Intervention 59 $165.00 $9,735 $9,735 $0 $0 $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o Total Subcontracts Cost ~ $278,955 $206,955 $72,000 $60,000 $0 $12,000 Cty of Denton 8. Other Direct Costs Quantity Unit Cost Estimated Cost Federal Share Match CDBG Gen. Fund CHDO Item Ld-based paint lab tests NLLP Lab 360 $8.00 $2,880 $0 $2,880 $2,880 Relocation-Rehab (26 @$2,000 per unit) 26 $2,307.69 $60,000 $60,000 $0 Web Site Development 2 $1,480.00 $2,960 $0 $2,960 $2,960 $o $o $o $o $o $o $o $o $o $o $o $o $o $o $o Total Other Direct Costs $65,840 $60,000 $5,840 $2,880 $2,960 $0 CtyofDenton 9. Indirect Rate Base Estimated Cost Federal Share Match CDBG General Fund CHDO Type Facilities Charge 9.00% $27,694.06 $2,492 $0 $2,492 $2,492 Accounting & Payroll Services 1.00% $27,694.06 $277 $0 $277 $277 City administrative charges 6.00% $27,694.06 $1,662 $0 $1,662 $1,662 $o $o $o $o $o $o $o $o Total Indirect Costs ~ ~ $4,431 $0 $4,431 $4,431 $0 $0 Total Estimated Costs $425,694 $300,000 $125,694 $106,164 $6,560 $12,970 Total of Federal Share and Match $425,694 Prepared 10/3/02 Page 3 of 4 Analysis of Total Estimated Costs Estimated Percent of Cost Total I Personnel (Direct Labor) $19,964 4.7% 2 Fringe Benefits $7,730 1.8% 4 Travel $6,994 1.6% 5 Equipment $8,625 2.0% 3 Supplies and Materials $24,355 5.7% 6 Consultants $8,800 2.1% 7 Contracts and Sub-Grantees $278,955 65.5% 8 Other Direct Costs $65,840 15.5% 9 Indirect Costs $4,431 1.0% [Total J $425,694 J 100.0%1 Federal Share $300,000 Match $125,694 Percent of Labor 38.7% 70.47% 41.90% Expressed as a percentage of the Federal Share Prepared 10/3/02 Page 4 of 4 ATTACHMENT C - to the INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CITY OF DENTON Lead Hazard Control Grant Work Plan Goals, Objectives and Performance Milestones Goals / Objectives A. No. of Major Rehab Interim Control Projects to be completed and cleared 8 B. No. of Minor Rehab Interim Control Projects to be completed and cleared 22 C. No. of Low Level Intervention Projects to be completed and cleared 59 Quarterly Performance Objectives Units to Be Completed: 89 Goal/Objective: Year 1 Cumulative Completed Quarter Quarterly Milestone Completed/Cleared Cleared Jan - Mar N/A Apr - Jun N/A Jul - Sep N/A Oct- Dec 3 Year 2 Cumulative Completed Quarter Quarterly Milestone Completed/Cleared Cleared Jan - Mar 7 Apr - Jun 8 Jul - Sep 9 Oct - Dec 10 Year 3 Cumulative Completed Quarter Quarterly Milestone Completed/Cleared Cleared Jan - Mar 11 Apr - Jun 12 Jul - Sep 13 Oct - Dec 16 89 AGENDA INFORMATION SHEET Item #4L AGENDA DATE: DEPARTMENT: ACM: October 15, 2002 Water/Wastewater Howard Martin, 349-8232 SUBJECT Consider approval of an ordinance creating a Capital Improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a requirement before authorizing impact fees; appointing the Planning and Zoning Commission's members as members of the Capital Improvements Advisory Committee; providing for the appointment of and appointing one additional ad hoc member to the Capital Improvements Advisory Committee from the extraterritorial jurisdiction of the City of Denton, Texas; providing for the adoption of procedural roles for the Capital Improvements Advisory Committee to follow in performing out its duties; and providing for an effective date. BACKGROUND The Water and Wastewater impact fee study is being revised as required by State legislation. One requirement of the study is that a Capital Improvements Advisory Committee be appointed to review the projected 10-year CIP. When the original impact fee study was conducted, the Council appointed an advisory committee consisting of the Planning and Zoning Commission plus one additional member to represent the City of Denton Extra Territorial Jurisdiction (ET J) interests. Staff recommends the same advisory committee membership be used for the revised study. If Council is in agreement with the committee membership, an individual residing in the ETJ must be selected and appointed to serve on the advisory committee. Staff recommends that Lee Allison be appointed to serve as the ETJ member on the advisory committee. Mr. Allison is currently a Civil Engineer with the firm of Isbell Engineering Group, Inc. Mr. Allison is familiar with the City of Denton water and wastewater utilities and the CIP development process as he served as the City of Denton Water/Wastewater Engineering Administrator and Director of Water/Wastewater Engineering and Operations from 1987 to 1994. He has over 26 years experience in general civil, water, sewer, drainage and street design. EXHIBITS 1. Ordinance Respectfully submitted: Howard Martin, ACM/Utilities ORDINANCE NO. 2002- AN ORDINANCE CREATING A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §395.058 AS A REQUIREMENT BEFORE AUTHORIZING IMPACT FEES; APPOINTING THE PLANNING AND ZONING COMMISSION'S MEMBERS AS MEMBERS OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE; PROVIDING FOR THE APPOINTMENT OF AND APPOINTING ONE ADDITIONAL AD HOC MEMBER TO THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS; PROVIDING FOR THE ADOPTION OF PROCEDURAL RULES FOR THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE TO FOLLOW IN PERFORMING OUT ITS DUTIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas desires to authorize impact fees pursuant to Chapter 395 of the Texas Local Government Code; and WHEREAS, a Capital Improvements Advisory Committee is required to be created before any impact fees can be authorized in accordance with §395.058 of the Texas Local Government Code; and WHEREAS, such Capital Improvements Advisory Committee is to serve in an advisory capacity and is established to: (1) (2) (3) (4) (5) advise and assist the City Council in adopting land use assumptions; review the capital improvements plans and file written comments; monitor and evaluate implementation of the capital improvements plan; file semiannual reports with respect to the progress of the capital improvements plan and report to the political subdivision any perceived inequities in implementing the plan or imposing the impact fee; and advise the City Council of the need to update or revise the land use assumptions, capital improvements plan, and impact fee. WHEREAS, the City Council desires that the members of the Planning and Zoning Commission of the City of Denton, Texas constitute the membership of the Capital Improvements Advisory Committee as provided by law; and WHEREAS, the City Council desires that any authorized impact fees be applied in the extraterritorial jurisdiction of the City of Denton, Texas, therefore an ad hoe voting member of the Capital Improvements Advisory Committee must be selected from the extraterritorial jurisdiction; and NOW THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby establishes the Denton Capital Improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a prerequisite of authorizing impact fees. SECTION 2. That the Denton Capital Improvements Advisory Committee sometimes referred to as the "Advisory Committee" shall consist of eight members; seven shall consist of the members of the City of Denton Planning and Zoning Commission and one shall be appointed ad hoc from the extraterritorial jurisdiction of the City of Denton, Texas. The terms of the members shall parallel those terms of the City of Denton Planning and Zoning Commission, except that the ad hoc member fi.om the extraterritorial jurisdiction of the City of Denton shall serve a term of two (2) years and shall be appointed in even-numbered years. The Advisory Committee shall always contain at least one member fi.om the real estate, development or building industry. SECTION 3: That Lee Allison, as a person residing in the extraterritorial jurisdiction of the City of Denton, Texas, is well-qualified to serve, and is hereby accordingly appointed as an ad hoc voting member of the Advisory Committee. SECTION 4. That it is understood that the ad hoc member from the extraterritorial jurisdiction, appointed in Section 3 above, shall have no authority to serve or deliberate as a member of the Planning and Zoning Commission of the City of Denton, and shall serve only as a member of the Advisory Committee. SECTION5. That the duties of the Advisory Committee shall consist of the requirements listed in Texas Local Government Code §395.058(c) as currently written, and any other duties as may be required by amendment of that statute. SECTION 6. That the City Council hereby designates procedural rules for the Advisory Committee to follow in carrying out its duties by requiring the Capital Improvements Advisory Committee to follow the City Council Rules of Procedure as set forth in Ordinance No. 2001- 193, as amended by Ordinance No. 2001-204, as amended by Ordinance No. 2002-018, and as amended in the furore, hereby adopting those procedural rules as the rules of the Advisory Committee. SECTION 7. That this ordinance shalI become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY \Our OOeuments\Ordinano~\02~Impa~ Fee~Cap[tal Improvements Adwsory Comm~tlee Ord 2002 doe AGENDA INFORMATION SHEET Item #4M AGENDA DATE: DEPARTMENT: ACM: October 15, 2002 Electric Utility Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance authorizing the approval of a settlement offer authorizing the City Manager, or his delegate, the authority to execute any and all settlement documents necessary to effect and complete the settlement and dismissal of two lawsuits now pending before the 353rd Judicial District Court in and for Travis County, Texas, styled: GN#200090 Reliant Energy_, Inc. vs. Big Country_ Electric Cooperative, et al; and GN#200100 City of San Antonio, Texas vs. Brazos Power Cooperative, et al, in which lawsuits the City of Denton, Texas is a party defendant; authorizing said City Manager to expend a stun of money not to exceed $37,500 in order to obtain settlement and dismissal of both said lawsuits; and providing for an effective date. BACKGROUND A comprehensive status report regarding the two above pending lawsuits will be presented at the October 15, 2002 Closed Meeting of the City Council. Staff recommends that the City Council accept the settlement offer and dispose of the multi-party litigation. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board unanimously approved the settlement and dismissal of the two lawsuits by a unanimous vote of 5-0 at its meeting of October 7, 2002. FISCAL INFORMATION $37,500 payable by Denton to both Plaintiffs for a dismissal and settlement of both pending lawsuits, on or before November 1, 2002. EXHIBITS 1. Ordinance Respectfully submitted: Howard Martin Assistant City Manager/Utilities Prepared by: Michael S. Cot~}an , Assistant City Atty./Utilities S ~,Our DocumentshMiscellaneous\02\l 0t 502 Consent Agenda - Traws Co, L~t Memo -DME doe ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF A SETTLEMENT OFFER AUTHORIZING THE CITY MANAGER, OR HIS DELEGATE, THE AUTHORITY TO EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS NECESSARY TO EFFECT AND COMPLETE THE SETTLEMENT AND DISMISSAL OF TWO LAWSUITS NOW PENDING BEFORE THE 353Im JUDICIAL DISTRICT COURT IN AND FOR TRAVIS COUNTY, TEXAS STYLED: GN#200090 RELIANT ENERGY, INC. VS. BIG COUNTRY ELECTRIC COOPERATIVE, ET AL AND GN#200100 CITY OF SAN ANTONIO VS. BRAZOS POWER COOPERATIVE, ET AL, IN WHICH LAWSUITS THE CITY OF DENTON, TEXAS IS A PARTY DEFENDANT; AUTHORIZING SAID CITY MANAGER TO EXPEND A SUM OF MONIES, NOT TO EXCEED $37,500 IN ORDER TO OBTAIN SETTLEMENT AND DISMISSAL OF BOTH SAID LAWSUITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and appropriate and in the public interest to settle two certain pending lawsuits involving electric transmission rates and accounting matters for the period January 1, 1997 through August 31, t999, and obtain dismissal thereof, wherein the City of Denton, Texas is one of many parties Defendant. The two lawsuits are: GN#200100; City of San Antonio, Texas, et al vs. Brazos Power Cooperative and GN#200090; Reliant Energy, Inc. vs. Big Country. Electric Cooperative, et al in and for the 353rd Judicial District Court in and for Travis County, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager, or his delegate, is hereby authorized to execute any and all settlement documents necessary to effect and complete the settlement and dismissal of two lawsuits wherein the City of Denton, Texas is a party Defendant, now pending before the 353rd Judicial District Court in and for Travis County, Texas, styled: GN#200090 Reliant Energy, Inc. vs. Big County Electric Cooperative, et al and GN#200100 City of San Antonio, Texas vs. Brazos Power Cooperative, et al SECTION 2: That the settlement and dismissal documents regarding the two above- referenced lawsuits shall be presented to, reviewed and approved by the City Attorney, or his delegate, before being presented to the City Manager, or his delegate, for signature. SECTION 3: That the expenditure of funds by the City Manager, or his delegate, in the amount of not to exceed $37,500, to obtain the settlement and dismissal of both of the above lawsuits, is hereby authorized. SECTION 4: That this ordinance shall become effeetiv~ immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Ordinances\02\Travis Co L[figation-DME Settlement and Dismissal Ord 2002.doe Item #4N AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET October 15, 2002 Planning & Development Dave Hill, 349-8314 SUBJECT Consider approval of a resolution of the City of Denton, Texas supporting necessary legislation and Dallas Area Rapid Transit (DART) policy changes to allow expansion and extension of DART services to local government jurisdictions through local option citizen elections pledging payments to the DART system in an amount equivalent to a one-cent sales tax. BACKGROUND A draft resolution (attached) has been prepared by the Dallas Regional Mobility Coalition (DRMC) Ad-Hoc DART Committee, and has been placed on the October 15th Council agenda for formal action. Support for the resolution has been requested from DART 'member' and 'non-member' cities. The content of the resolution is directed toward current state law and DART policy that prevents the extension of DART services to cities unless each city has the capability of implementing a one-cent sales tax. As an alternative, the resolution recommends that DART membership requirements be revised to allow the pledge of an equivalent of a one-cent sales tax, secured by the prospective member city, to suffice to meet the obligations necessary for the provision of DART services. The resolution also recommends that cities with an economic development sales tax be allowed to "roll-over" the sales tax to join a metropolitan transportation authority using a single ballot proposition. If supported by a super-majority of DART 'member' cities, and by other North Texas cities with the geographic proximity to benefit from DART services, the resolution will be considered a high priority for the next state legislative session. OPTIONS 1. Approve the resolution. 2. Decline to approve the resolution. 3. Approve the resolution with amendments. RECOMMENDATION Mayor Pro Tem Mark Burroughs, the city's representative on the Regional Transportation Council and DRMC, made the request to have the resolution placed on the October 15th agenda for Council approval. ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW N/A FISCAL INFORMATION The resolution provides greater financial flexibility for cities seeking to join DART or a metropolitan transportation authority. ATTACHMENTS Draft Resolution Respectfully submitted: David M. Hill Asst. City Manager - Developmem Services S:\Our D ocmm ent s~es olurion s\02 ~DART Resolution.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING NECESSARY LEGiSLATiON AND DALLAS AREA RAPID TRANSIT (DART) POLICY CHANGES TO ALLOW EXPANSION AND EXTENSION OF DART SERVICES TO LOCAL GOVERNMENT JURISDICTIONS THROUGH LOCAL OPTION CITIZEN ELECTIONS PLEDGING PAYMENTS TO THE DART SYSTEM IN AN AMOUNT EQUIVALENT TO A ONE-CENT SALES TAX, AND PROViDiNG FOR AN EFFECTIVE DATE. WHEREAS, mobility throughout the North Texas area is a key element of a continued positive quality of life and economic viability; and WHEREAS, the City of DeNon finds that to maintain mobility, enhance the quality of life for citizens, promote economic developmem, and address issues associated with reducing roadway congestion and achieving federal air quality mandates quality transit services must be available; and WHEREAS, such transit and mobility services provided by DART can contribute to achieving the above cited elements; and WHEREAS, current State law and DART policy prevents extension and expansim of DART services to other areas unless that area has the capability to implement a onocent sales tax within the existing State cap on sales tax of 8 lA cent; and WHEREAS, the benefits of extension of DART services to areas in the future enhance the entire North Texas area; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The State Legislature and DART provide necessary legislation and policy changes to allow a city to become a member of DART with a pledge of the equivalmt of one- cern sales tax of city-secured funding that is from non-State and/or non-federal funds. Such 'membership' should require a citizen vote and a binding commitment to DART to match existing requiremems on 'member' cities as to any future withdrawal by the city and cominued funding to DART on debt related issues. SECTION 2. Legislation should provide a means, by a single ballot proposition, for a city having adopted an economic development sales tax to join a metropolitan transportation authority by public election and dedicating the required sales tax to the authority upon satisfying its previous tax obligations or dedicating alternative funding equal to the required sales tax, thus allowing a transition to full membership. S:\Our D ocmm ent s~es olurion s\02 ~DART Resolution.doc SECTION 3. This Resolmion shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 Item #40 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: October 15, 2002 Engineering David Hill, 349- 8314 =~,5~¢~ SUBJECT Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 6.85 acre tract or parcel of land for electric utility purposes being part of a tract conveyed to the Hudson Family Partnership, Ltd. by deed recorded in County Clerk's File Number 95-R0080500 of the Real Property Records of Denton County, Texas, said property being located in J.W. Hardin Survey, Abstract No. 1656, Denton County Texas; authorizing the City Manager or his designee to make an offer to purchase the property for just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of electric utility facilities and installation; Declaring an effective date. (West Electric Project) BACKGROUND The City of Denton Real Estate Division has been in negotiations for the purchase of an easement with the landowner, Hudson Family Parmership, with the initial offer made June 11, 2002. During subsequent negotiations, a final settlement cost was agreed upon in early September, 2002. Over the past several weeks, we have been pursuing execution of the easement with no success. There is an impasse conceming easement fights to be acquired. Staff feels property owner will not proceed to closing given interference from others seeking gas pipeline easements form the affected property owner. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE Denton West Electrical Utility project estimated in December, 2002. to be initiated upon possession of necessary parcels, PRIOR ACTION/REVIEW None FISCAL INFORMATION John G. Hirschy and Associates performed the appraisals of all of the necessary electrical utility easemems for this project. Based on this appraisal, staff forwarded an initial offer of $20,258.00 to the landowner. After subsequem meetings with the landowner, a final purchase price of $27,600.00 was determined to be equitable to both parties and agreed upon. In accordance with Texas Property Code 21.0111, the appraisal has been made available to the landowner. Offer is based on the following methodology: 6.85 acre tract of which 3.17 acres is in public fight-of-way leaving 3.68 acre actual easemem remaining. A 75% compensation factor is being utilized. 3.68 acre X $7,340/acre X 0.75 = $20,258.00 ATTACHMENTS Location map Draft ordinance Exhibits Prepared By: Tod J. Taylor Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department @~:~ o ~@~ ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FiNDiNG THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUiRiNG OF AN APPROXIMATE 6.85 ACRE TRACT OR PARCEL OF LAND FOR ELECTRIC UTILITY PURPOSES BEING PART OF A TRACT CONVEYED TO THE HUDSON FAMILY PARTNERSHIP, LTD. BY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 95-R0080500 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, SAID PROPERTY BEING LOCATED iN J.W. HARDIN SURVEY, ABSTRACT NO. 1656, DENTON COUNTY TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO iNSTiTUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION iN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF ELECTRIC UTILITY FACILITIES AND iNSTALLATiON; DECLARING AN EFFECTIVE DATE. (WEST ELECTRIC PROJECT) WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of an approximate 6.85 acre tract or parcel of land for electric utility easement purposes; and WHEREAS, the hereinafter described property is believed to be owned by The Hudson Family partnership, Ltd. ("Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Public necessity exists and public welfare and convenience require the acquisition of an exclusive public utility easement in an approximate 6.85 acre tract or parcel of land for electric utility easement purposes as more particularly described in Exhibit "A", attached hereto and made part of by reference (the "Easement"). SECTION 2. The City Manager or his designee is hereby authorized and directed to make an offer for the Easement to the owner of the Easement property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction. The City Council finds that based on said independent appraisal, the fair market value including damages to the remainder, if any, for the Easement is in the total amount of $20,258.®. All previous offers in said amount are hereby ratified. SECTION 3. The City Council finds that the Owner and the City cannot reasonably agree on the acquisition of the Easement due to certain conditions which the Owner has required which affect the City's ability to exclude other utilities from using the Easement property. The City Council specifically finds there is a public need and necessity for the Easement to be an exclusive easement. Therefore, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Easement property to acquire the Easement for electric utility purposes. The cost and expense of such acquisition shall be paid by the City of DeNon, with such easemeN iNerests being acquired in the name of the City of DeNon. SECTION 4. If it should be subsequeNly determined that additional parties other than those named herein have an iNerest in said property, then in that eveN, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 5. This ordinance shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 S:\O~Docaments\Ordinances\02\WestElectric HudsonFamilyCondenmationOrdinancel CAO approved, doc EXHIBIT "A" Being all that certain lot, tract or parcel of land situated in the J .w. Hardin Survey, Abstract Number 1656, in Denton County, Texas, and being part of that certain tract of land recorded in deed to The Hudson Family Parmership, Ltd. recorded in County Clerk's File Number 95- ROO80500 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the northeast comer of said Hardin Survey, same being the northeast comer of said Hudson tract; THENCE South 00 degrees 36 minutes 31 seconds West along the west line of said Hudson tract a distance of 2749.60 feet to a point for comer; THENCE North 89 degrees 43 minutes 02 seconds West along the south line of said Hudson tract a distance of 1918.72 feet to a point for comer; THENCE North 01 degrees 09 minutes 55 seconds East a distance of 62.69 feet to a point for comer; THENCE South 89 degrees 38 minutes 13 seconds East a distance of 1853.00 feet to a point for comer; THENCE North 00 degrees 31 minutes 13 seconds East a distance of 2690.53 feet to a point for comer; THENCE South 88 degrees 51 minutes 35 seconds East a distance of 69.25 feet to the POINT OF BEGINNING and containing approximately 6.85 acres of land more or less of which 3.17 acres lies in the road Item #4P AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: October 15, 2002 Engineering CM/DCM/ACM: David Hill, 349-8314 SUBJECT An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 1.18 acre tract or parcel of land for electric utility purposes being part of a tract conveyed to William F. Chester by deed recorded in volume 4989, page 1571 of the Real Property Records of Denton County, Texas, said property being located in W. Neil Survey, Abstract No. 970, Denton County Texas; authorizing the City Manager or his designee to make an offer to purchase the property for just compensation and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of electric utility facilities and installation; Declaring an effective date. (West Electric Project) BACKGROUND The City of Denton Real Estate Division has been in negotiations for the purchase of easement with the landowner, William F. Chester, with the initial offer made June 12, 2002. During subsequent negotiations, a final settlement cost was agreed upon in late August, 2002. Over the past several weeks, we have been pursuing execution of the easement with no success. There is an impasse concerning easement rights to be acquired. Staff feels property owner will not proceed to closing given interference from others seeking gas pipeline easements from the affected property owner. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE Denton West Electrical Utility project Estimated in December, 2002. to be initiated upon possession of necessary parcels, PRIOR ACTION/REVIEW None FISCAL INFORMATION John G. Hirschy and Associates performed the appraisals of all of the necessary electrical utility easements for this project. Based on this appraisal, The City of Denton Real Estate Division forwarded an initial offer of $12,150.00 to the landowner. After subsequent meetings with both the landowner and his attorney, a final purchase price of $19,000.00 was determined to be equitable to both parties and agreed upon. In accordance with Texas Property Code 21.0111, the appraisal has been made available to the landowner. Offer is based on the following methodology: 1.18 acre tract of which 0.58 acre is in public fight-of-way leaving 0.60 acre actual easement remaining. A 75% compensation factor is being utilized. 0.60 acre X $27,000/acre X 0.75 = $12,150.00 ATTACHMENTS Location map Draa ordinance Exhibits Prepared By: Tod J. Taylor Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department @~:~ o ~@~ ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FiNDiNG THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUiRiNG OF AN APPROXIMATE 1.18 ACRE TRACT OR PARCEL OF LAND FOR ELECTRIC UTILITY PURPOSES BEING PART OF A TRACT CONVEYED TO WILLIAM F. CHESTER BY DEED RECORDED iN VOLUME 4989, PAGE 1571 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, SAID PROPERTY BEING LOCATED iN W. NElL SURVEY, ABSTRACT NO. 970, DENTON COUNTY TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS iN CONDEMNATION iN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF ELECTRIC UTILITY FACILITIES AND INSTALLATION; DECLARING AN EFFECTIVE DATE. (WEST ELECTRIC PROJECT) WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of an approximate 1.18 acre tract or parcel of land for electric utility easement purposes with such easement rights vesting in the City of Denton, Texas; and WHEREAS, the hereinafter described property is believed to be owned by William F. Chester ("Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Public necessity exists and public welfare and convenience require the acquisition of an approximate 1.18 acre tract or parcel of land for electric utility easement purposes as more particularly described in Exhibit "A", attached hereto and made part of by reference (the "Property"). SECTION 2. The City Manager or his designee is hereby authorized and directed to make an offer for the Easement to the owner of the Easement property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction. The City Council finds that based on said independent appraisal, the fair market value including damages to the remainder, if any, for the Easement is in the total amount of $12,150.®. All previous offers in said amount are hereby ratified. SECTION 3. The City Council finds that the Owner and the City cannot reasonably agree on the acquisition of the Easement due to certain conditions which the Owner has required which affect the City's ability to exclude other utilities from using the Easement property. The City Council specifically finds there is a public need and necessity for the Easement to be an exclusive easement. Therefore, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Easement property to acquire the Easement for electric utility purposes. The cost and expense of such acquisition shall be paid by the City of DeNon, with such easemeN iNerests being acquired in the name of the City of DeNon. SECTION 4. If it should be subsequeNly determined that additional parties other than those named herein have an iNerest in said property, then in that eveN, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 5. This ordinance shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 S :\O~ Docaments \Ordinances\02\West Electric Chester Condenmatica~ Ordinancel CAOapproved. doc EXHIBIT "A" Being all that certain lot, tract or parcel of land situated in the w. Neil Survey Abstract Number 970, in Denton County, Texas, and being part of that certain tract of land described in deed to John Dee Appleby, Trustee, recorded in Volume 2549, Page 277 of the Real Property Records of Demon County, Texas, and being more particularly described as follows: BEGINNING at the southeast comer of said Appleby tract, said point being at the apparent most easterly southeast comer of said Neil Survey; THENCE North 88 degrees 51 minutes 35 seconds West a distance of 69.25 feet to a point for comer; THENCE North 00 degrees 31 minutes 13 seconds East a distance of 750.90 feet to a point for comer; THENCE South 88 degrees 52 minutes 29 seconds East a distance of 67.58 feet to a point for comer; THENCE South 00 degrees 23 minutes 35 seconds West along the west line of said Appleby tract a distance of 750.93 feet to the POINT OF BEGINNING and containing approximately 1.18 acres of land more or less of which 0.58 acres lies in road. Item #4Q AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: October 15, 2002 City Manager's Office Mike Conduff, City Manager SUBJECT A resolution of the City of Denton, Texas endorsing the National League of Cities Hometown Security Day to emphasize the essential role of America's cities in homeland defense and the need for a federal-local parmership; urging Congress to pass the Homeland Security Bill and to finalize funding for homeland security; and providing for an effective date. BACKGROUND The National League of Cities is requesting that member cities consider this resolution urging action by the Congress and the President to pass homeland security legislation and authorize federal funds to cities and towns across America. Respectfully submitted: Jennifer Walters City Secretary S:\Our D ocmm ent s~es olurion s\02 ~Home To,va Security Resolution.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS ENDORSING THE NATIONAL LEAGUE OF CITIES HOMETOWN SECURITY DAY TO EMPHASIZE THE ESSENTIAL ROLE OF AMERICA'S CITIES IN HOMELAND DEFENSE AND THE NEED FOR A FEDERAL-LOCAL PARTNERSHIP; URG1NG CONGRESS TO PASS THE HOMELAND SECURITY BILL AND TO FINALIZE FUNDING FOR HOMELAND SECURITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the terrorist attacks of September 11,2001 have changed life throughout the Nation, and robbed Americans of their sense of security; and WHEREAS, the attacks have far reaching implications for all cities and towns and their first responders now on the front lines of hometown defense; and WHEREAS, cities have shouldered the full financial burden for hometown securityat a cost of approximately $3 billion since September 2001; and WHEREAS, at significant cost to local taxpayers across America, cities have met their many new hometown security challenges by updating their emergency plans to met multiple new threats such as dirty bombs, biological and chemical weapons, taking on security duties at commercial airports, identifying and assessing their vulnerabilities, and improving collaboration, communication and information sharing within their regions and with state and federal government; and WHEREAS, cities cannot carry this new financial burden alone much longer and continue to maintain other essential local services without raising local taxes or cutting services; and WHEREAS, a recent National League of Cities survey shows that, for the first time since 1992, a majority of cities are less able to meet their financial needs because of a fall off in revenues due to the economic downturn and the surge in spending for hometown security; and WHEREAS, Congress and the President have not taken advantage of a rare moment of bipartisan unity by failing to act decisively on federal homeland security coordination and funding; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City of Denton endorses the National League of Cities' Hometown Security Day to draw attention to the essential role of America's cities and towns as the front line of homeland defense and the urgent need for a true federa~local partnership to carry out this new responsibility. S:\Our D ocmm ent s~es olurion s\02 ~Home To,va Security Resolution.doc SECTION 2. That the City of Demon joins the National League of Cities in urging Congress and the Presidem to work out their differences and pass a homeland security bill now to provide a federal framework for a unified and coordinated response to terrorism. SECTION 3. That the City of Demon urges Congress, with the full support of the Presidem, to finalize immediately 2003 funding for homeland security, particularly the $3.5 billion promised for first responders and the $22 million p~r month reimbursement promised to cities and towns for providing local law enforcement at the Nation's commercial airports. SECTION 4. This Resolution shall become effective immediately upon its 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: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 AGENDA INFORMATION SHEET Item #4R AGENDA DATE: DEPARTMENT: ACM: October 15, 2002 Utility Administration Howard Martin, 349-8232 SUBJECT Consider approval of an ordinance of the City of Denton, Texas approving the execution of a consent agreement and final order by the City Manager regarding the settlement of a disputed claim, in case No. CWA-06-2002-1628 with the Environmental Protection Agency; authorizing the payment of $46,800, in settlement and compromise thereof; and declaring an effective date. BACKGROUND The wastewater collection system during wet weather conditions experiences infiltration and inflow of storm water into the collection system. This happens due to dislocated joints in the pipes, roots and breaks in the pipes, poor structural condition of older manholes etc. This phenomenon is more prevalent in the older part of the system. In 1991 the City embarked on a program to identify the problem areas in the collection system through smoke testing and physical inspection. In the Cooper Creek and Western Pecan Basins the design and construction for remediation of infiltration and inflow is complete. The design work for the Middle Pecan Creek Basin is complete and the project is advertised for construction. The TV inspection of the Eastern Pecan and Hickory Creek Basins to identify the sewer lines to be remedied is under way. The projects to remedy the wet weather surcharging of the collection system are being implemented according to the schedule established by Environmental Protection Agency (EPA). In FY 2001, extremely heavy rainfall produced wet weather overflows from the collection system. Because of these overflows, the City of Denton was notified by the EPA on September 19th, 2002 of possible administrative frees in the amount of $137,000. To resolve this issue, on September 26TM, 2002, staff met with the EPA officials to determine the terms of a settlement. Staff negotiated a settlement of $46,800. RECOMMENDATION Staff recommends acceptance of the settlement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION The settlement amount will be paid from the Wastewater Utility Administration budget. Respectfully submitted: Howard Martin Assistant City Manager/Utilities ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE EXECUTION OF A CONSENT AGREEMENT AND FINAL ORDER BY THE CITY MANAGER REGARDING THE SETTLEMENT OF A DISPUTED CLAIM, IN CASE NO. CWA-06-2002-1628 WITH THE ENVIRONMENTAL PROTECTION AGENCY; AUTHORIZING THE PAYMENT OF $46,800, IN SETTLEMENT AND COMPROMISE THEREOF; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas ("City") and the Environmental Protection Agency ("EPA") are currently involved in Case No. CWA-06-2002-1628, wherein EPA alleges that the City Wastewater Department has committed minor point source violations regarding applicable Federal law, which the City partially disputes; and WHEREAS, the City and EPA have recently met in settlement conference respecting the Complaint, and as a result of such conference, a decrease of over $90,000 in claimed penalties by the EPA has resulted. City staff recommends that the City Council accept such settlement offer because of the risks, uncertainties, and the fees and expenses of this type of litigation; and WHEREAS, the City desires to enter into the Consent Agreement and Final Order (the "Consent Agreement") referenced below, and believes that doing so is in the best interests of the City; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the proposed Consent Agreement and Final Order in Case No. CWA- 06-2002-1628 is hereby approved, and the City Manager is authorized to execute said Consent Agreement, as well as any other documents necessary to effect such settlement, on behalf of the City of Denton, Texas. SECTION 2. That the City Manager is hereby authorized to expend an amount of money not exceeding $46,800 in settlement of the above litigation. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2002. EULINE BROCK, MAYOR Page 1 of 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Ordinances\02\EPA-Wastewater Utility- Settlement Ordinance 2002.doc Page 2 of 2 Item #5A AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET October 15, 2002 Planning & Development Dave Hill, 349-8314 ~.;.."~*~" SUBJECT - SI02-0010 (NRMU-12 and NRMU zoning districts) Hold a public heating and consider adoption of an ordinance regarding amendments to Subchapter 5 of the Development Code related to the NRMU-12 and NRMU zoning districts. The Planning and Zoning Commission recommends approval (7-0 on 5 amendments and 43 on one amendment). (SI02-0010, NRMU-12 &NRMU Zoning Districts, Doug Powell) BACKGROUND Applicant: City of Denton When the Development Code was adopted, Council approved a condition requiting the submittal of a quarterly report to evaluate the code's implementation. At the June 4, 2002 work session, Council reviewed the first Quarterly Report on the Development Code. The discussion resulted in consensus to pursue nine policy issues, one of which was the issue of the NRMU-12 and NRMU zoning districts. At the July 10, 2002 Planning and Zoning Commission workshop, consensus was reached to bring forward changes to these zoning districts. The staff analysis (Attachment 1) lists the six proposed changes and provides background information for this issue. Attachment 2 is a draft of the proposed changes to the Development Code. Also attached is a letter from Mark Donaldson requesting changes to the NRMU zoning district, which corresponds to the Item #6 change proposed by the Commissioners. OPTIONS 1. Approve as submitted. 2. Approve with changes. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval 7-0 of items 1-5 listed on page 4 of the staff report. The Planning and Zoning Commission recommends approval 43 (Watkins, Roy and Apple in opposition) of item number 6. ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW The following is a chronology of SI02-0010 review (NRMU-12 & NRMU zoning districts): Planning and Zoning Worksession - Planning and Zoning Worksession - Planning and Zoning Public Hearing - Date: June 26, 2002 Date: July 10, 2002 Date: August 28, 2002 FISCAL INFORMATION N/A ATTACHMENTS 1. StaffAnalysis 2. Draft revisions to Subchapter 5 3. Letter from Mark Donaldson 4. Minutes 5. Draft Ordinance Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Issues related to the NRMU-12 and NRMU zoning districts have been raised as part of the Quarterly Report on the Development Code implementation. The changes proposed relate to Subchapter 5 of the Development Code only. This issue was discussed by the Planning and Zoning Commission at two worksessions, prior to holding a public heating. The basis for the issue appears to be due to several recent zoning cases. The following table is a list of those cases and staff's understanding of the issues that were raised: W. Oak properties NRMU-12 NRMU Concern about higher intensity uses Concern about higher intensity uses NRMU-12 Concern about the amount of land being rezoned Dr. Wolski's property NRMU Concern about the amount of land being rezoned Gamble's property NRMU-12 Concern regarding the uncertainty of use Bonne Brae north NRMU-12 Concern that multi-family is allowed by right Concern that action would set precedent for North Elm NRMU-12 further rezonings to a higher intensity uses Based on this review, the recurring issue is the concern about higher intensity uses or the precedent of allowing the rezoning. However, those issues are not due to the character of the NRMU-12 and NRMU districts but the fact that a more intense zoning designation has been requested. As discussed by the Planning and Zoning Commission, the solution to that issue is to not approve the zoning application. Further, the NRMU district does not seem to be an issue based on these recent zoning cases. The NRMU district does contain the limitation [L(4)] which requires multi-family development be approved under the Specific Use Permit (SUP) process. The broad issue related to the NRMU-12 district is uncertainty of use in the NRMU-12 district. There are a total of 28 uses allowed by right, with an SUP or with a limitation in the district. The range of uses reflect the intent of this district to be mixed use; the Comprehensive Plan states: Residential Land Use Location Goals Revise the development regulations and allow urban-style housing in mixed use districts. Comprehensive Plan, pg. 39 Residential Land Use Location Strategies Establish regulations that allow neighborhood-oriented, nonresidential land uses in neighborhood centers. Comprehensive Plan, pg. 40 Residential Land Use Density. Goals Enable the creation of moderate housing densities within neighborhood centers in a mixed-use setting. Comprehensive Plan, pg. 40 Neiqhborhood Mixed-Use Activity Center The focus area of a neighborhood center contains facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, or a small park. These diverse facilities are ideally located in close proximity to one another in the center, so that all the essential neighborhood facilities are in one convenient location, accessible in a single stop or by walking or biking. It includes vertically integrated uses where different uses may occur on each floor of the building. Comprehensive Plan, pg. 43 The specific uses in the district are supposed to be of a similar intensity and thus the same compatibility with adjacent properties. The mixed use district allows for property to be developed for various uses without having to rezone the property for specific uses. The majority of the NRMU-12 and NRMU zoning districts were created to replace existing commercial, office, multi-family or PD zoning. The Commission reached consensus that multifamily uses in the NRMU-12 district should be revised to an SUP when the proposed zoning/project is adjacent to an existing neighborhood or is an "inffll" development. And finally, the Commission had a split vote on allowing attached single family development to be allowed by fight in the NRMU district, at a maximum density of 12 units per acre. The following changes have been proposed to the NRMU- 12 and NRMU zoning districts: NRMU-12 1. Change limitation of"Retail Sales and Service" to L-15. (approved 7-0) 2. Change limitation of"Professional Services and Office" to L-14. (approved 7-0) 3. Require an SUP for multi-family development within 200 feet of an existing single- family house. (approved 7-0) NRMU 4. Change to allow SUP for "Quick Vehicle Servicing" & "Drive Through Facilities". (approved 7-0) Change L-11 to eliminate the "take out" restriction for restaurants. (approved 7-0) Allow "Attached Single Family Dwellings" at a maximum density of 12 units per acre by right. (approved 4-3) ATTACHMENT 2 Subchapter 5 35.5.2 Neighborhood Residential Sections: 35.5.2.1 Purpose. 35.5.2.2 Permitted Uses. 35.5.2.3 Gener~J Regulations. 35.5.2.4 35.5.2.1 Purpose. The purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. Land Use categories within the Neighborhood Residential areas include: 35.5.2.2 NR-1 NR-2 NR-3 NR-4 NR-6 NRMU- 12 NRMU Permitted Uses. Neighborhood Residential 1 Neighborhood Residential 2 Neighborhood Residential 3 Neighborhood Residential 4 Neighborhood Residential 6 Neighborhood Residential Mixed Use 12 Neighborhood Residential Mixed Use The following uses and their accessory uses are permitted within the Neighborhood Residential districts: llll///1 Agriculture P P P P P P P Livestock L(7) L(7) L(7) L(7) L(7) L(7) L(7) Single Family Dwellings P P P P P P N SUP SUP SUP SUP SUP Accessory Dwelling Units L(1 ) L(1 ) L(1 ) L(1 ) L(1 ) L(1 ) N Attached Single Family Dwellings N N SUP SUP P P Dwellings Above Businesses N N N N N P P Live/Work Units N N N N L(16) P P Duplexes N N N L(3) P P N Community Homes For the Disabled P P P P P P P Group Homes N N N N N SUP SUP SUP Multi-Family Dwellings N N N N N L(4) Manufactured Housing Developments N SUP N N SUP N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Home Occupation P P P P P P P Sale of Products Grown on Site N N N N N N N Hotels N N N N N N P Motels N N N N N N N Bed and Breakfast N N N N N L(10) P Retail Sales and Service N N N N N ~( L(17) Theaters Less than 1,000 seats N N N N N N L(14) Restaurant or Private Club N N N N N N L(11 ) Drive-through Facility N N N N N N Professional Services and Offices N N N N N L(17) Quick Vehicle Servicing N N N N N N Vehicle Repair N N N N N N N Auto and RV Sales N N N N N N N Laundry Facilities N N N N N P P Equestrian Facilities SUP SUP N N N N N Outdoor Recreation P P P P P SUP SUP Indoor Recreation N N N N N N N Major Event Entertainment N N N N N N N Commercial Parking Lots N N N N N N N Administrative or Research Facilities N N N N N N L(14) Broadcasting of Production Studio N N N N N N L(14) Sexually Oriented Business N N N N N N N Temporary Uses L(38) L(38) L(38) L(38) L(38) L(38) L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Printing / Publishing N N N N N N N Bakedes N N N N N N L(21 ) Manufacture of Non-odoriferous Foods N N N N N N N Feed Lots N N N N N N N Food Processing N N N N N N N Light Manufacturing N N N N N N N Heavy Manufacturing N N N N N N N Wholesale Sales N N N N N N N Wholesale Nurseries N N N N N N N Distribution Center N N N N N N N Wholesale Storage and Distribution N N N N N N N Self-service Storage N N N N N N N Construction Materials Sales N N N N N N N Junk Yards and Auto Wrecking N N N N N N N Kennels L(37) L(37) N N N N N Veterinary Clinics L(14) L(14) N N N N P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N N N N SUP SUP SUP SUP SUP Gas Wells L(27) L(27) L(27) L(27) L(27) L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Basic Utilities L(25) L(25) L(25) L(25) L(25) L(25) L(25) Community Service N N N N N P P Parks and Open Space P P P P P P P Churches P P P P P P P Semi-public, Halls, Clubs, and Lodges SUP SUP SUP SUP SUP L(15) P Business / Trade School N N N N N N L(14) Adult or Child Day Care SUP SUP SUP SUP SUP P P Kindergarten, Elementary School SUP SUP SUP SUP SUP P P Middle School N N N N N P P High School N N N N N N SUP Colleges N N N N N N N Hospital N N N N N N N Elderly Housing N N N N SUP L(13) P Medical Centers N N N N N N P Cemeteries N N N N N N N Mortuaries N N N N N N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 35.5.2.3 General Regulations. General regulations of the Residential below: Neighborhood land use zone are contained in the table The following limits apply to subdivision of 2 acres or less: Minimum lot area (square feet) 32,000 16,000 10,000 7,000 6,000 3,500 2,500 Minimum lot width 80 feet 80 feet 60 feet 50 feet 50 feet 30 feet 20 feet Minimum lot depth 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 50 feet 15 feet 20 feet Minimum front yard setback 20 feet 20 feet L(2) L(2) 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None Minimum rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet None The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: Maximum density, dwelling units per acre 1 2 3.5 4 6 12 30 Minimum side yard for non-attached 20 feet 10 feet 6 feet 5 feet 4 feet 10 feet 12 feet buildings The following limits apply to all buildings: Maximum lot coverage 30% 30% 50% 60% 60% 60% 80% Minimum landscaped area 70% 70% 50% 40% 40% 40% 20% Maximum building height 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 65 feet 10 feet 10 feet 10 feet 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for foot for foot for foot for Minimum yard when abutting a single- each each each each each each each foot of foot of foot of foot of foot of foot of foot of family use or district building building building building building building building height height height height height height height above above above above above above above 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 35.5.8 Limitations The following define the limitations to zoning uses when the zoning matrix idemify a use as permitted, but limited L(40) - Limited to a maximum of 12 units per acre. L(41) - Permitted, except that an SUP is required for multi-family developmem within 200 feet of an existing single- family house. L(ll) - Limited to sit down only, nz take z"~t .... ~"~ and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. 10 ATTACHMENT 3 Augmgt [ 2, 2(~02 P[tmning and Zoning Coamii~qon City of Denton 221 N. Elm St ~n~on, TX 7620[ ~: ?~dmen~s to fl~e ~ning Co~e As y~u cm~sJdcr ore.ding thc requi,remcnts and limitations oftlm ~MU a~d NRMU-12 zone distdct~, plo~e take a step b~ck a~d ~[] ,omo oldie basic tenets of The Demon Plan. md ~ake into accom~t l~ew these fimgamenta~ principles can bc maimained in the hnplememation ofthe Th~ demand ~ot ho~si~g i. Dent~n is gong to grow m 4 ~o 5 pe~gnt p~ y~ar ~5~r the next 20 yea~. 30~0~ to 40,000 n~' household~ co,old be added, to thc Cily ofDento~ ~y t~e year 2020. (%mpact developmenl is prefen'~ over sprawling devclopment~ In-~l developm~t is prefe=ed ov~ dewlopme~l at t~e ~ge of the community. DiveBity of housing stock is prefeged within the city~ A mix of~ses {a a neighBorhoo~ ~ale} is prefe~ wifl~in neigJ~bor~oed~. - As De,Ion ~mws, it should b~ome mom densely ~pu[a~ed, raher thm'~ less densely populated. · An eftbctive public transit s~:em requires nodes cf high-density housing linked with jobs, ~hools and shopping, - The prcfe=~ t~e of devetopm~ should be easier to do than dewlopmem that is not preferred. It is with these fandamealals in mind ~ba~. you shouM exmnine tZl¢ r~gu~aions ~ld limitatim~ of ~ge NRMU and NRMU-12 z~ae distficlg, Encase take into consideration the pri~ciple of inclusion (dOc,m~emert on p~ge 32 qCThe Denm. Pla~) aud the principle ~f a d~ver~ housing stock (documented c,~ f~sge 35 of T/re Demo~ PLum) by encoum~ng diver~e housing lo develop wffhin the cily; pmicuh~fly within NRM'U and 11 P&Z 08/12/02 Page 2 Please take into, con~idm'afion the prineiple of limiting sprawl (documen~d on page 3 5 of the Denlon P[~) to ~low ¢om=pex~t development patterns to "fill i~'" undeYeloped land within tl~e existing fabric of t,be cily's infrasmmmm by ermouraging deYelopm¢.~t of vacaa~ NLMU and Ni~MU-t2 zone d~.stric~s. Please take Jute consideration the extent ofth, e DeveIopmem Code and its mandatory deveI~meaI regulations and design standards I~at add[~ss thc quality, consis~xmcy, m~d compaI'[bility of al~ furore d~eIopm ent ~e specific amendment tMt can be made to encourage compact, hig~-densit7 housing a a neighborhood seale that can effectively be serum by the city ir~frastmcmm is m make i~ easier to ~evelop sinlle-family a~lac~ed hou!i~g within ike NRMIJ ~oae dis~iet. A~ c~rrent!¥ regulated, this b'pe of housi[kg i:n a mghbt3rh, ood ¢~n, te,r (WMc~ is consistent with all of the housing principles of~.e Da~ton Plan) requires a Specific USe Pem~ii., Such a mq~drement ii ~ huge restraint on d~elop.ment beaau.se it; requir~ a public hearing, This requirement deflects the most serious develop~ beea~se of the vagaries of the public hearing pro¢¢is. A small band o £ neighMm wha, don't want anything buiit anywhere near ~bcm can too ~sily sway a commission or cmmeil inn defeating: a pr~ect that is cmmistent wit:h The Denton Plan. Removing the SUP requirement for singie4amily attached ~ousiug i~ the N~MU zone district will free up the NRMU ~ne distri~ for the type of housing that m~ the priflciples of ~e Den to~ Plan, tt jus1 seems m make common s~se. Why should a 55~000 square foot retail and office cen1¢r be allowed, ~ a use by ~g~[ within the NRMU district, whm ~ 40 Bt ~iagle fi~mity ~tt~ehe:d housing development req~ir~ aa SUP? A Spcmific Use Pem~i.t i~ intruded to m~mage ~he secondary affects of development m assure compatible with adjacent pmpe~y. In t~s case, a shopping e~ter would ~tract mom traffic, attr~i more ac.fivil.y, create mom hght, create mom r~oise, ereate more odor, and at!tact more nuisances ~an would a singte family at. lac.heal hmming development Yet it is ~he singde thmily al;inched hou~g devebpmem th.al requires an SUP prior to developmeak Iencc, urage the C~mmiszion to consider remo'ving the requt~ment for a Specl£c Use Permii from single h~ly attached housing wi'&i[~ the NI~MU zone dt~t:r!~t; 1trunk you, Mark Donaldkxon 12 ATTACHMENT 4 ?ap 2! 15 24 chaa~ q~ak ~gck m~'Jc:i;~ m~d Page 22 6 d!o~ ia an Na~g,~ d,[~rict. 7 la Ataad~c~; 2, 1 ha~ provided 8 nww Su~Mp~cr 5 or a Subch~:r 5 that s~,~ 9 cbmngm in a stfit~-~ ~d~Miae m~c ~ ~u can ~0 exacdy l~ changt~ ~hat a~ ~iag pr~d. I l ~'!~r~ w~ a fifth chan~ ihat was di~s~d a2 at, t~ Coa~n[~Jf:m ~S~op, It h~ to do ~3 mu2i-f~ily in ~ NRMIJ; 12 ~i~, d. is~ct. t~ ~ting y~l d~d w,~ch c~ms,~ i~ make mukM~n[iy 16 wi!h a &fi:niti~ cf wi;at infiI] me~$, J? Ia t]~ C'mb []':~re ~uat~y i.s a &Sniti~ 18 of inFtll~ but I ~n't [kink it work~. A[~, we ~9' t~td na m:~ up -, or I was ~t abTc t~X ~,~ ~,, We 2n, ~6~l to cc~ ;~ w[~ a dcfiui~i~a of inffl[ 'tha~ 21 ~[iy [hough~ was ~pr~pri,me, ~ ~ ~lly ~tcd 22 with U~a m~J I w~'i ab[ to do ~at:. So in yo~ staff' 24 ~s ~n writ,l~a, I ~ a~i~ ~:ha/, Smt~'~L a!o~g Pug= 23 ] d~r. rlbe it as hffil[ but d~cri~ thc rfidjtim2.'L.~/Jy. 2 So may~ m ~6oa, yD~ have ~ o~li~ cf 3 lm~iag it alm~: wtfick n~s a~,iJi~y m say thzL ba~ m~ .4D,~ncy~ if 13 and acw n=J~bc~bc~ cmos:, [ 4 m~i, so l &~'~ ~v& ~m w~mkt 19 ~'a ~-es om ~, 8ow;'dalways 21 nc~b~h~ds: ~ ~xi on that C~:~p Plaa ([signal[m, So 22 w~ dMa't f~l li~ i~ was appt~riaie. up with ~nmtNng 5 ~ [mppy to ~q~ any quearioea ~n may have, 8 (~MM[Ss~0NU~ AFPLE; ~ank 7 Ma. ~WEL[.~ g ~ I k~tOW ~t~'S 9 ti'tat: ~ aUacb~d from ~ ~ ~o, all~v t~ 12 in cbc ~ia~ts dis,fricl, a'n~ Mr. ~nalds~ ia ~¢. Commissior~r Multi. M~m ~air: Dot~canwe~b~k tot~N~i~m? I 1 g a nomenc~ proN~n, ia our p~zk~ ymJ have Item i 19 NRMU. t2, 0~ S~bi,~s t anM 2, You have Irm~ 2 NRMU, 20 Subitmm~, Su~a~aph~ 3 2~ it~ 2 and ih~m Subpaawaphs 1 22 ihc~'m prctw much mlt~xpi~ and !hat ~'m up to 23 $~i ~ [hal. ~u)d we: ~ just a mom,mt ~w two more 24 on ~ l~m 5, u,s ytm (~d~ated, 1 ~uld su~ if it's 25 ~' ~b"8 ~dl~y gO~Bg: tO ~C ~pim[ imm 3 ~c:aum Item 5 PLANNING AND ZOI~GlqG COM]VHSSION AUGUST 28, 2002 Page 21 - Page 24 13 Co~liTM 1 7 $ 19 21 24 3 4 ]0 14 t? 21 ~2 23 PLANNING AND ZONING COMMIB~ION P~ge 25 CO~MliSlO~ MUi. aOY; T~ adi,~y. 6 ua, N~W~i,.L: -- multi-Eamify witL~n ~ ? problematic. We've ~d ext.,ire ~smsskm, We'~m kx~k[ng for a m>[~km, I thi~k, it', my ~o]~t~ is &t'[~ it, t~'$ aay dcvcl~ prope~y within tb~ 200 ~m~ legal hotly, t~n ~¢ wc~Ld cfmsi(~r that ~dj~r. md 2i infi]L Is t~m's no one ~d~nin 200 f~t~ t~n we Pa~ 26 it ~nfi[), I ~ld just call ~t; ~ia~m, %cm*s an ~yot~ thc ~tif~atim% it d~m't %~t'i b~Lcat~y 5 ~ ~ti~, A~it), 1 ~[ogizc for nol incladi.l~g tM~, ~a 8 auto.r, but k is ~. that ha~ mine ragima, Lc. ccnsi~t with t~ legal ky', 16 MR, ~OWELL: Thg? s oortccL 17 ~}MMISSIONER, ATPi,E: co~im~cn~ Roy, ~k~s, Either a ~ve[~ e~i:¢ing si~g[,e-f~miLy ];~ ', 24 Page 27 ~m~ ii aot aB}acent to c~3mmerci~l or mu)ii-fat'nily. And ~)i~ b~k ~}mewN~[ [o t~ Of mgll. ff it'~ no!, buig, if it's ~ned but not built, is it ~[ly ~Ja~c7 m ia it infilL I ~ink ifs ck'~ty J:nfil) ~ adj ~mf if Ih~ is a hnu~ acm · s~vml h~ms~ make m~ ,~mm¢ ~th ways to ~ k eit)~ %~md on tbo existing Nad ~ of sing~4m~i!,y or ~c exi~ing g ~le-~ilF ~m m~ mcdcmcd would be COMMLS~ONPX{ MIJl~OY: Yeg, ~[~S go ~) haw !l~is w~[d pNy out, If>~ have ~tifica~n nobly to come m d~: public ~ing, m we're r~l[y ~.~ rc4i[ity is yt~r ~4~nCy w00[8 ~ to MR BOWELL: !' be~Le2e t~mt is genemi~y a~i~<~ ,.vi~ l~: (Li~a~;~i~ if it's thru pro~y ~a~ i~ vaunt u~,d to b¢ ~, ~hm h,a~ ifi~emd that -~ muld triter jua ~ing bared Page 28 the zone. ~d 1 dmCt k:~ow ~f fi~aCs malty the m~e C(1,MM[SS~0N~B M'i~LR,OY; And in tha~ p~ico)~ ~ if I may, Excu~ ~, CF~MM[fiS[0NE~ APPLE: YO~ $tL][ hav6 ~ C0'MM[SSR)~E~ MDL[~OY: t~ th~ ~rti~l~* cam, sin~ w,z'w ~'cady mm'mM ih you w'~ talking a~t it a~m~ h~ th: N~MU-12 ~j~i pr~y l',av~ fl~ir zon,~g, l~'s ~y it's si, t~gt~-f~mily bu~ builf ~% ~11. fight no,w t[~y already ~ d~ righi h,~ ap~.~. So tbmy matly no¢ifi,~ Ikkai tM r~kt going ~ ~l~'[m an SI:~P ~ca,~.~ ~: ha~ bui}~ -- if it's no[ built om ~t, i~ righB ~m d]c m~ Thc~ COMMT,SfiIONEg APPLE: Conuni~ioL~ HotL Muko'y. i tl~ink i¢ a ~tt~ is bu:il~ -- if lt~e hou~ ii built, t,?~. it wield bc cm~sickmd infi}l Bt~t if it's jm~t ~.-med, ! }mt don't ~ [mw fi~a ~JM he CON~4ISSION~,~ APPLE; I'~ ]ik~ to ask a AUG'U~T 28, 2002 14 ~n~sgltTM Pabm 29 7 Aad~ or ~o~ thrum ~he oncs do~ng ~ work so 15 ~'t vt~' f~ ~ a [~ of ~[mcs ~t, n~i~ i,s I 6 gd. ag t.c go to, ~at 1~ MR, CO,WELL: We~I, W~$,~ We did J:s when 19 ~r~ ~or N~MU-12, A~d., ~ ~n ]a~x2~ [h~ a~S that 22 Foe example, ~hm's a lmgc t~ off af Z3 77 ~m~s the sn~ from .~ l was goi.ng m say t~ T~ :he pa~, No~h ~es Park. lt~s qtdm ~ ledge ~act. Page 3 0 I~ 3i ~4 a~dy haJ ~:~ei~' 2 Dom~k g~ w~ ~hat ~o~' was a;~cem 17 i~: am ~mg ~o ~ sx~ a~s ~x,t wo~)i~ ~ aff~ ky what l ~pmssed, h t~t l0 a~ ~il~ N~MLhl~ ze~ing. A~ ] ~ enact add ca~lit~ns:~ but fi:ii ~2~ lg ~m Eot ~a. My coac~'~ was 21 ~ c~i&~[ a~ a~acent, ~ank ~'~, Gommi~J~ PLANNING AND ZONING COMM!SSIO AU'GUST 28, 2002 Page 29 -Page32 15 [ I0 19 2¢) ! 3 ? 12 14 [6 18 19 2i 24 ?~ge 33 glng~eq'a~ly rezk~n<e~ [ ~ fl~nking it ~d aFp~y y~fm ~1] away, pm~, c~-~ do hav~ v~ ~i~a pr~:,~ n~w ~ .c,~mm wi~J~ ~ ~Id ~, but ~y Page 34 ~view ~m.. f~ the ncxl: 20 ~.am, A c~ct ~ of ~wel~,~r~t is p~f~r~J w~thLa t~ City'. ~[ a mix of ~s at a ~i~tb~5c~ ~¢ ~ pmfe~d withm ~ighborh~ts would m~ulm n~d~ of mtafivdy high &~ait.y of &~c]~[ ~sLer t'km ~ t~cs of am n~ pr¢~d, adoption oft~ C~lc w'hc~ we ~ght ~ had avco' gom~ ~ atong an a~kal, ~at ca~ted ~ail mni~g; We were ~u~:ing a c'h~ to a Pla~ ~lop~nt rot ?a~ 35 We di~'t ;~u~:ke ~'t out o[ 4 m;~ of P&Z Nx:aosc ~ht~ nc~hbtw~ l ~ ~,'i~ ~k at a p~.e of p'~ that's ;mt~:k~ of tb~ iff ia~e. of any ~r gca'cmmzn~ ia c~J~ ~ devek~ ~h~ 20 Sa, ~ I k~ a~ l~.C~c a~d i~ ta~i~g 23 ~ a~l~be~b~M ~McafiM f~r~y of ~e~ ~s~'icts, you Pag~ 36 I ~'m ~m.ni~ ~:s a me by ~t, 3 r~m asmss tim ~bmnce, d~y' ]<x~k ! $. [Xmmn Caan~ aaa build 290 [ 7 ~v~m~ 1o camm[ a~ n~g:o tl~tm ~8 Aad l~m j'ast a~kir~ 20 p~f~ Cy~ d' ~vek~pmmt, ~o ~a~,a~ ~ pmf~ 21 s~'b e~' dc~,=lopt~t by mmmving 22 an~ing add~n~ ~i~ planning 25 ~hmg. PLANNING AND ZONING COMMISSION AUGUST 28, 2002 Page 33 - Page 36 16 Condc~ltTM Page 37 4 Page 38 1 0£ a sax'l&~ yc~a bad ~0 ~m~£s ~ a<m, 25 on ~at Mr. Mu~ey eaL~ l~m 3, ~4m~ ~ ha~ d~:[d~d~ ~ H. ANN1NO AND ZONING COMMISSION Page 39 2 u~nd by C~ty Council and I kn,aw 7 clar[[ica~m l:~s t a~2:, backup and ~'v¢ dk<us.~ i{ ~fbm in Work ~sskm, but 16 ~ ~ A~nda and ~C~ br~d 17 says ~ a ~ub~iet~dng a~A c~ai(~ ~k~ag a ~40 9 fa~Tmnr~ we w~kl ¢l<m ~, ~t;b{ic ~a~ag a~d call ] 7 ] and g on p~,~ 4 ar ca~r backup. 23 AUGUST 28, 2002 17 ~n~t~tTM P%,,e 41 9 ~iy pa~ of }~r m~icm ~hat ~tai~ m N~M~F1 ~F Pag~ 43 P;q~ 42 tim ~inition <,f inl][l and !'m t~in8 ~o ua~rstaod wbai y~r pmbkm is ~a ~ definiti~ fl~t's, COMMf88[ON[!a AI'I'Lk:; k:,X~ We have a motioa and a acead tm t~ t]~xm And i~y~ COM~SSIONER JOHNSON: c,kmfi~ion ~tk-~ you -- ~nni~iicm, Pd li~ to ha;~, Mc, P~IL COMMIS~STO~R g PPLE; pm~n~ti~n, I b~kve thai ~.~'m dealit~ udth t~ f'bri~, We do ~v¢ a &Fmi!:i~, And il Page 44 COMMLSS[ONER A~PI,.E: Mr: Reicb~ w~mM li~ to ~,d s,mt~hing, M'R, ~T~tCm{Aa'r; ff I may. it as si,~le-t>~'ni[y. A,T~ dnriag our W~ ~ssi~, tba~ and ~ w~ ~ mal~y pia~ poim t~ Mttglc4~iky as opted to any ~mmiss~onc.r Johason? M~, ~WSLt,: ffl~mty, i ~h~ what ~ I ~hi~k ibis d.efimiti~:m is m~ of ex,maitre or impact f~$ mad a [(:~ of ~'dng~ PLANNING AND ZO~O COMI~SSION AUGUST 28, 20~ P~e 41 - Page 18 (Tmdc~scltTM Pagc 45 ~s~~ and not so m~h ~s ~a iafflL COMML~SIOS'ER JOHNSON: SO tl~ modon ~hcn Commissi~ aM t~at ~'s 6 9 9 ~ m~ioam if I ~ I coa~p~ of i~hl~ dcvciopmc~l~ ! r~[ 12 u~i~g m~ m~ op[x~t~ity for t~ cxi~ing n~igbbod'~ 13 to have a lay in t~is. A~ c~tmmmt~ 0mt ~ m~ by t~ 15 don't want a~%Nag built ~a' ~em cc~M too e~i!y sw~ay' 16 a Commission o, C~iL I f'~/~:y h~vc the figltt to 17 co~ in ar~ ~dk ~o us about ~hi~, So I ~5U ~ vol/nB against chat motion G)MMI~SIO~'ER APYLE: commim.i~er 21 2~ mC[tm m'en C~o~h [ ~mi~ iL md lql explain why 24 b~simas by right. ! ~an, if thuT~*m zpprovcd by 25 it would s~m i[l~icat to m~ thai y~'~,u Page 46 3 6 ? 9 t0 12 14 i? 19 2~ 24 rage 48 just ne I~jc ~o g o~'~. I¢~.jmi mY opinion ifs: lx~w I ~ m i~ ~d ~Mrs why I w~m~l ~ ~a yju l~vu )re,midi-Parody by t~b~ ~p lo ~ dmai~y of 2~ at--dy haw by r~hL ~'~it's al~(:~ ~i~k-fam.[~' a maximm~ ~sib, ~f 12, ~dftcali~ nmki-f~ity d~iingl ~t~:i~ fi'* CO~I~[ONi~ AP~.Fz Ag}' l'~l,a.~r ql~%tio~s PLANN{NG Al,ID ZONING COMMISSION AUGUST 28,, 2002 Page 45 - Page 48 19 P~o 49 9 ha~ mmmL~ No, 5 ~ 6~ ~I~ieb ~as ~m No, 2, 13 17 18 19 23 2,5 Page a~ & Y~U di~ tr~uck on I.l~ ~ake-ou~ 3 COMM~S[~ A~H,8: Ok~y; Thank yr~a, My 10 Ck)mmi~km~ Mu[roy, I[ ~ nO l'~ dJ~ssJtm~ Page 50 2 C'OMMiSsrONER APPLE: ,~ ~at you ~0 iL ~re j~s~ ~- *his m~ion is ~2 says Rm~ No 2 ~d i.t~, m[ly Item No. 5, t gms% but ~3 it m~ NO, 3, cb~r~e toa[lowsrJpf~quickvchie[e 14 ~iCJng and driveqba~gh 15 w~m I mu, Am I ] ~ COMMISS]]ON~fft MULgOY: YeS, 18 COmMmmNE~ ~u~oY: 'this is 5 aad 6 20 (~MM[Ss[ONEg APPLE; Co--hiss/grief Powe]L 22 wan i~ my [d.g~n~l, ~l:ion, 2~ C~tMISSI~'EE APP[,Ec And ! have a question, ! 10 11 ~5 ~6 17 ~0 23 P~g¢ 52 PLAN~'NO AND ZONING COMMiSSiON AUGUST 28, 2002 Page 49 * Page 52 20 ATTACHMENT 5 O R DIN ANC ii;." AN ORDINANCE OF TltE CITY OF DENTON, TEXAS, =AMENDD4G I:K)RTIONS OF SUBCIlAPT'ER 5 OF Tile DENT()N DEVELOPMENT CODE PERTAINING TO 711E NRMU-[2 AND NRMU ZONING DISTRICTS; PROVIDING A PENALTY CLAUSE WITIt A MAXIMUM FiNE OF $20f~.{~)PER DAY FOR A VIOLATION THEREOF; ~A SEVE~ABILITY CLAUS E~ AND AN EFFECTI'IVE DATE. (S102.~) WItEREAS, ptwsu.tmt to Ordinance No. 2002-(~0 tile City' Council of the City of DenDm Texas ,adopted the ~m:on Development £:.~>de (the ~'Developn~ent CtKI,e'); and WHEREAS, as a[mrt of a qmt`terly review of the Developmem Code, and aftet` conducting a pUblic hearing as r"e~luimd by' law~, the Planning and Zoning Comn~ission has re~zotmnended certain chan,ges to S n~mhapter 5 lg?et,minin:g to the NRMU-I2 and NRMU zonia.g districm: and WHEREAS~ after, cm~duc[iag a pubiic hearing as required by taw, the City Council finds the subject changes to the l~veiopmem Co,de a:~ consistent wid~ the Con~rehe~s~ve Plan m~d are the peebl ic interest; NOW. THEREFORE TIlE COU NC IL OF TIlE CITY Ol: DE N'"iT) N HiE REBY ORDA~=S: SECTION i. Stttx:hapter 5 of the Development C,~e is hereby amended in pat,t ~q [mrticularly descri'~d in Exhibit "A" attacktM het`em and made a ~t,t het,t~;>f by reference. Ali othet` pmvisiorm of Suit&apt,er 5 not it. lconsistem with this amendment shall renmin ia full force and effect. SECTK)N 2~ Any ~t,son violating any prx>¥ision of t:his ot`di~mme shall, u[xm co~wictiot~, sum [lot exce~ing $2,0t~).{~). Each &~y t[mt a provision of this ot`dinance is violat~ stroll cot~stitute a ~['mrate and distinct ot~ense. SECTt()N 3. If any section, subs~.mtion, pa.mgmph, sentence, phrase or, wo~d in this ot,dirmn~:e, or application there of to any per~m or, cimum.qtaace is held invalid by any coat't of competent jud~iction, sUCh holding s[mll m)t at2bct tt~e validity of the remaining [×talons of this orditmnce, City Commil of the City of Denton, Texas hereby declares it: would have ermcted such remaining pot'tio~ts despite any such im*'alidity. SECTK)N 4. 'Dlis ordinance Shall bx~ome eftbctive Iburt~n ([4)days from tim date of its pasmge, and the City SeJzr,emry is hereby dit,ect.~ 'm cause the caption of this ot,dkmnce to be publish~ twice in the I~nt{:m Recot`d-Ctmmicle, a daily newspaper published in tile City of Denton, Texas~ wkhin ten (I 0)days of '(he dare of im pa,qsage. PASSED AN D APPROVED this the day of EULIN E BROCK, MAYOR 21 A"iTEST: JENNtFER WALTERS, CIP~~ SECRETARY BY: APPROVED AS T() LEGAL FORM: 1t E RBERT L. PROU TY. £1TFY ATTORNEY 22 Exhibit Sulmhapt{r ~ 35.:5.2i Neightmrhood Residential 35.52.I 35.522 35.5.2.5 35.52A 35.5.2.1 The puqmse Put.se. of the Neight×)rho~d Residential land LtSe i;g B:) preserve mid protect existing ~eig[iborh~:>ds arid ti> ens ute thai any new deve h>pmeat is compatible w i[h ex isti ng land uses, [m items, and design sma&rds. Land Use categories within the Nei,ghN~d~t~d Residemial .areas include: The a>llowiag as,es d is'[:ricts: NR-[ NR-2 NR-3 N R-4 NR.6 NRMU:-t2 NRMU Permitted IJse.s. and Neighbor'hcaad Residential t N eighboch~>d Residemial 2 Neighborh~c~>d Residential 3 Neighb~>rh, m~d Residential 4 Neighbod~c>d Residemial 6 Neighbor'h~:a~d Residential Mixed Use ~2 Neighborh{~)d Residemiai Mix~ Um their ao:essory ases am [~rmit:ted wi't[fia the N:eig[~borh{~xt Reside:adal ki~.tock L{7) L{7) L{7) L{7) L{7) L{7) L{?) S ir~l~a Fami¥' ~ P P P P P P N SU~ S UP SUP SUP S U~P A~,~ ~ ~ U:n~ L[1) k{1 ) L{1 ) k(1) L{I) L{1 ) N A.fla~ S~e Fam~¥ ~n~ N N SUP SU~ P P U~?~Vo~ Un~s N N N ~; L{I~) P P Dup ~z~ N N N L[3) ~ P N Commurl~y H~m~ For t~ D~b~d P P P P P P P G~up H~'~ N N N ~ iN' SU~ SUP SU~ E~n~lu~ ~u~rg C~ve~p~.s N SUP N N SUP N N P= ~l~, N=~ ~t~, SU:~ S~c~c ~e ~ R~u{red, L{X): ~m~d ~ ~d {n ~n 35.5.8 23 H~ ~cupaibn P P P P P P P ~s N N N N N N P ~ ~ ~s N N N N N N N ~d ~ Bmakf~t N N N N N L[10) P Thrum L~s t~n 1 ,~ se~.s N N N N N N L[14) Re S~ U~ nt. or ~ ~ate 'C,~ub N N N N N N L{ 11 ) Dm~-thto ~h :Fa~il~.y N N N N N N ~ SUP O u~ck V'eh~C~ ~ m'~ N N N N N N Ve h~ Re~ r N N N N N N N Laund~' F~I~ N N N N N P P ~q u~.'l~ ~ F~[li'~ SUP SUP N N N N N O~ot :R~a P P P P P SU~ SU~ In.ar R~re~n N N N N N N N k~r E~n1 ,E ~dain,m~ ~ ~ N N N N N N ~mm~ro~l Pa~ L~s ]N N N N N N N Adminmt~,~ or ~mh F~i~i~ N N N N N N L[14) B~s~ ~ of P~ductmn St~b N N N N N N L[14) S~:~ O~ rd~ B ~n~ N N N N N N N ~ ~tt~, N=~t: ~led, SU~ S~c~f~ Use Pe~l Requital, LeX)= L~m~d ~ ~ ~ ~c~on 35.5.8 24 P rin~ing / Pub~hir.~ 'N N N N N ~ I~n~c/u~ of No~-~o~e ~u~ Fo,~ N N N N N N F~d Lo~ 'N N N N N N ~a~ P ~s~ N N N N N N Ugh, ~ ~tudng N N N N N N H~ ~n ~l. uff~ 'N N N N N N W~ .~ N N N N N N W~e Nu~d~ N N N N N N D~ldbut~n Cen'ler 'N N N N N N Wh~ :S~ r~e aad D~ibu~on N N N N N N ~ tf-.~r~ Slo~ N N N N N N Junk Yat~. a~ ~o W~K~ N N N N N N ~enne~ L{37) L{3Z) N N N N Ve~ ~ ~ ~n~sa 'L{t4) L{14) N N N N SUP SUP SUP SUP G~ We)~ L[27) L{27) L[27) L{27) L{27) L{27) L{27) ~ ~t~, N:=~ ~ ~t~J, SUP= S~d~ gs.e ~: R~ui,~d, L[X): UmJ~d ~ ,~ r~3 )n ~c~on 35.5.8 25 s~c s~ L{25) L-{2$) L{25) tI2$) L{25) Comm~n~ ~ N N N N N Paff~s a~ 0~ Sp~ P P P P P P Chu,r~, P P P P P P ,P ~m~ub~c, H~a[~, C:lu~,, a~ L~ SUP SUP SU;P SUP SU~ l{ Bu~ f Tr~ ~o~ N N N N N N Adu~ot Ch~ Day ~,~ SUP SUP SUP SU~ SUP P P ~[rl~rl~ n, :E~n~ ~ SU~ SUP SUP SUP SU~ ~ P M~d~ ~o~ N N N N N ~h ~ N N N N N N SUe ~ N N N; N H~,p ~i,~ N N N N E~' ,Ho~ rg N N N N SUP L{ 13~ P ~d~ C~ n~9~ N N N; N N N P ~$~d~ ~ N N N N N ~ .~ ~,;~t~, N'=~ ~11~, SU~ S~;~c U~e ~] R~qu ~red, L~X)= Um~d ~ ~r~ ~n ~,;t~n 35.5.8 26 35.5.123 General Regulations. Gene ral regulatiot'm of the Resi den'~iai Ne ighbr~rhm~ lm~d use zoae are contained i~ [he tab le bel The foiiowin limits a >iv 'to acres o:r less: M;in:imum ~t area {sq~re feet) M~n~mu~ fronl 'yard ~'t~k ~ fe~ 20 f~l t0 ~el: 10 f~t None L{2) M~m mum sMe ya~ ad~a~ b a ~tr~t 10 fe~ 10 fei 10 f~t 10 f~t 10 ~: 10 f~t None Mbnimum ~, ~¢~ t0 fe~ 10 f~ t0 f~t 10 f~t t0 ~et: 10 f~t None following limits a'pply to mE~ivision of more t:[mt~ 2 acres in lieu of minimum lot size ~d dime~sioa requiremeat s: The followin limits a >Iv to all b'uildia i,~imum 1~: covemg~ 30% 30% ~3% M~n~mum ~d ar~ ~0% 70% 50% 40% 4~, 4~% 23% 10 fe~ 10 let 10 fei 10 fei 10 ~: 15 f~ ~3 fei ~ot ~ f~ for f,~t for ~01, ~r f~ for f~t for f~t fo,r e~h ~h Minimum yand ~men ab¢~H~ a s,,i;~ f~t of ~ot ~ family use ~r bu;~ building ;buiMmg buiM~ bu~ bumming bu ~r~ a~ve ab~ 2D feol 20 f~ 27 35.$.8 Lim:itafion~ The follon'it~g de fi ~,e the l imita tio~s t:o zoaing uses when the :zo:ai ~'~g am [[ix ide:ati fy a am as permitted, but limited L(40)- Limited to a nmximttm of [ 2 [mils [~r acre~ L(41) -Permitted, except, t[mt a:a SUP is rec[uired for multi-family development wi[hi:a 200 feet of aa e xistit~g s ingle-family house. L(iI) Limited m ;sit down oaly, r',.~:~ ?.;:e .';~,m: ....... ; ..... and m:;~ drive ~tt~ service [~rmitt~ Limited to tm more ttmt~ [ {K} seats and ~m more t~ 4,{×)0 ~/uare feet of restatwa t:~'t area 28 Item #5B AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET October 15, 2002 Planning & Development Dave Hill, 349 - 8314 SUBJECT - SI02-0011 (Multi-family Density) Hold a public heating and consider adoption of an ordinance regarding an amendmem to Subchapter 5 of the Developmem Code related to multi-family density calculations. The Planning and Zoning Commission recommends approval (7-0). (SI02-0011, Multi-family Density, Doug Powell) BACKGROUND Applicant: City of Denton When the Developmem Code was adopted, Council approved a condition requiting the submittal of a quarterly report to evaluate the code's implememation. At the June 4, 2002 worksession the City Council reviewed the first Quarterly Report on the Development Code. The discussion resulted in consensus to pursue nine policy issues, one of which was the issue of the apartmem density. At the July 10, 2002 Planning and Zoning Commission workshop, consensus was reached to bring forward a change on how density is calculated for apartments within the downtown area. The staff analysis (Attachment 1) lists the proposed change and provides background information for this issue. Attachment 2 provides a draft of the proposed changes to the Development Code. OPTIONS 1. Approve as submitted. 2. Approve with changes. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval 7-0. ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW The following is a chronology of SI02-0011 (Multi-family density): Planning and Zoning Worksession - Planning and Zoning Public Heating - Date: July 10, 2002 Date: August 28, 2002 FISCAL INFORMATION N/A ATTACHMENTS 1. Staff`Analysis 2. Draft revisions to Subchapter 5 3. Minutes 4. Draft Ordinance Respectfully submitted: Douglas S. Powell, AICP Director of Planning and Development Page 2 of 8 ATTACHMENT 1 Staff Analysis Issues related to apartment density have been raised as part of the Quarterly Report on the Development Code implementation. The changes proposed relate to Subchapter 5 of the Development Code only. This issue was discussed by the Planning and Zoning Commission at a worksession, prior to holding a public heating. The specific issue is the problem of comparing multi-family housing units to density. The Development Code places limits on the amount of density that is allowed under each zoning district. For single family development density regulations compares directly to the number of units and the magnitude of impact of the development. However, for multi-family development, especially student housing, the use of density does not adequately measure the number of units or the impact. For student oriented multi-family development the number of bedrooms, is a more appropriate measure of the density than the number of units. This discrepancy does have precedent in the Development Code; the way that parking requirements are calculated. The parking requirements for multi-family development is based on the number of bedrooms, not the unit. The result of using the number of units vs. bedrooms to calculate density in essence penalizes efficiency and one bedroom developments. For example, a forty unit one bedroom development on two acres would have a density of 20 units per acre. The same property developed with four bedroom units could have 160 bedrooms (40 x 4), but counted as the same 20 units per acre. The Commission reached consensus to calculate multi-family density, in the Downtown University Core District only, on the number of bedrooms as opposed to the number of units. The result is a better relationship between the impact of a student multi-family development and stated density. With this scheme, a development is not penalized due to the unit mix. Page 3 of 8 ATTACHMENT 2 Subchapter 5 35.5.3.2 Permitted Uses. The following uses are permitted within the Downtown University Core District: Agriculture P P P P Livestock L(7) L(7) L(7) L(7) Single Family Dwellings P P N N Accessory Dwelling Units P P N N Attached Single Family Dwellings N P P P Dwellings Above Businesses N P P P Live/Work Units P P P P Duplexes P P P N Community Homes For the Disabled P P P P Group Homes N N N SUP Multi-Family Dwellings N ~b(5') , ~(5! , PE(5! Manufactured Housing Developments N N N N P= Permitted, N=not permitted, SUP= S )ecific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 35.5.8 Limitations The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units. Page 4 of 8 ATTACHMENT 3 C.o~dc~ItTM 1 6 publ~: ? ~k POWE.L: Thank y~ ~gam Thii ~ J~ 19 d~limDs fc~ ~ oa~, ~N, De~O d~s~r~h wl~ cr apam~mts w~E[ ~ ¢~lm}~t~4 a~ one b~r~ yon may h~vc, P~ge g~LS: ~i~ &fk~it:io~ ~, t~ inct~ [b;d ~O~S Ca 5 th,~ the [~]~m~t 8 an~-whole ~ that de~!s wit5 l[~sl~x~k, how 9 ~%, am to existing sbg~efa:m~y d~][i~. And, 10 w~; ~ ~ m do wan c~q~tiw~t d~o~ ~xist[~ 12 COMMLSSIONER ~t'{NSON': 14 ~m~: you. %La is: a imb[ic ~ing ~ ~¢Ii ask at 15 6me if t~m's an~r~ h~ ,,~o ~1~ like to ad'is COMMISS[ONER ~OY: I"'n~ ready to nukg a 20 COMMISSIONER APPLE: Co~iagk~r Holt ~21 also ~ahed her b~mm, ~k y~, Comm~ssi~¢ Roy ~2~ COMMISg[ONER aOY: I mt~m ~pmva[ of lmm COMMISS[ONEK ML~IJlOY: S~D~, 25 COMMISSIONER APPLI~; ~ ~a~: a motio~ Page 54 i C'OM~L~S!O~Eg: A~PLIR: 1hank you. 4 cu~o. si~, Mr, P~utI, u~kte !i~se<k I ~ ~ L*7. Am 9 =hi.maN in ~i~ion to WF~t ?~'a ~d [~ t~ !0 Cak, And whal ~ ~d whm w~ wmio ¢~Js is Yy ~o COM'MISSI)ONf~R JO.}tNS~: b7 s~'s two anhmals ~l:; ~ld ha.;~, y~ could h~a~ 100 ~; m t}~ ]J~t 21 it's Fmba~y uldm~.~ly gobg m ~ subdivi~, but you 23 of [~d~ And [n~,~& is ~[[~ aS l'a~il~tie; Iht 24 raising, b~ding. Or mainl~mn~ of &~megtie animals 25 iadmiing but not ![mi~ m ca~,tk, h~ a~p,, s~vi~.. 23 PLANNING AM ZONING COMMISSION Pgg¢ 56 sera:md_ Cemn~i~sJonet I[ell p~, The x'c~ e~ MR. ~J~VELL; ~, exc~ CC~$Pal~d;i~ l:irst m~in~ %¥11 ~ i~ r~I~ ~'~t tia~, ~i~¢, I would like ~ men~. u> ~ public ~ha~ and ~a [m~fiL~ O~ ~t ~]a~'~ :sc.b~ m~iug AUGUST 28, 2002 Page 53 - P~¢ 56 Page 5 of 8 ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING FK)RTtONS OF SUBCttAPTER 5 OF THE DENTON' DEVEIOPMF. NT CODE PERTAINING TO MULTI-FAMILY DENS~Y CALCULATIONS WgIIIN TIlE DOWNTOWN UNPCERS~Y CORE DISTRICTS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2000.00 PER DAY FOR A VtOLATK)N THEREOF; A SEVER.ABILITY CLAUSE; AND AN EFFECTIVE DATE. (St02- WHEREAS, pursuant m Ordinance No. 2{X)2-040 thc City Cou~il of ~M City of Denmn~ Texas aa)ptc~l tim Denton Development C<~e (the *~Development Co&"); a~ WItEREAS, as a pmi of a quarterly revimv of the Developnmnt C{~te, a~d after co~Mucting a public hearing as required by' law, the Plam~ing and Zoning Commission has rccomme~Med certain changes to Subchapter 5 pertaining to &nsity mlculations within the Downtown University Core Districts; and WItEREAS, after (x)mtucting a public hearing as required by law~ the City Council fin4s that the subject changes t,::~, the Development Code ~c ~x)nsistcnt with thc Comprehensive Plan and arc in the public interest; NOW, TttEREFORE THE COUNCIL OF THE CITY OF DENTON ttEREBY ORDAINS: SECTION I. Su~impter 5 of the ~velopmem Co~ is hereby amc~ed in part as particularly &scribed in Exhibit ~A" attached hereto ami ma& a part hereof by refere~e~ All other provisions of Su~hapter 5 not inconsistent with fl~is amendment s[mll rmrmin in t;all Ibrc~ and eftbct. SECTION 2. Any person violating any provision of this ordiaan~ slmll, upon conviction, ~ fined a stun m)t exceeding $2,(×)0.00. Each day that a provision of this m'dinance is violat~ shall constitute a separate and distinct oI'l~2nm. SECTION 3. If any s~tion, subsection, paragraph, sentc~vze, phras, c or word in this m'dinan~, or application there of to any ~rson or circumstance is held invalid by any court of competent juri~iction, such ~)tding shall m)t al'fec~ the validi ty of the r.cnminmg potions of this ordimn~c, a~ City Commil of thc City of Dcnmn~ Texas ~re~ &dares it would have cm'~ct~ such re,mining ~>~ions &spite miy stroh invalidity. SIKTTION 4. This ordi~m~lce shall ~cmne cfliactive tburteen (14)days fi'om the date of lis [ms~tge, ~d t~ City ~creaq; is hereby dire:ted ~o ~use t~ ~aption of this ordinan~ to be publish~ ~¢ic-e in the Denton Rc~)rOChronicle~ a daily newspaper publisi~d in t~ City of Denton, Texas, v~5 thin tcn ( [ 0) days o ftim &ire o f i ts passage. PASSED AND .,U~PROVED this the ~y of Page 6 of 8 EULINE BROCK. MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ItERBERT L. PROUTY, C1TY ATTORNEY B Y: Exhibit "A" Subchapter 5 35.5.3.3 Permitted Uses. The following uses are permitted within the Downtown University Core District: Agriculture P P P P Livestock L(7) L(7) L(7) L(7) Single Family Dwellings P P N N Accessory Dwelling Units P P N N Attached Single Family Dwellings N P P P Dwellings Above Businesses N P P P Live/Work Units P P P P Duplexes P P P N Community Homes For the Disabled P P P P Group Homes N N N SUP Manufactured Housing Developments N N N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 35.5.9 Limitations The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(5) = Permitted, except within this district the density of apartments will be calculated as one bedroom equating to .5 units. Item #5C AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: October 15, 2002 Parks and Recreation Department Dave Hill, 349-8314 ~L SUBJECT Hold a public hearing and consider adoption of an ordinance graining approval of a sub- surface use of a portion of the Airport Open Space Park for the purpose of a utility easemem in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a utility easemem; and providing an effective date. BACKGROUND The City of Krum and the City of DeNon Municipal Utilities has requested the use of parkland for the purpose stated, in order to locate a sewer line. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such lan& and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter." If the proposed utility easemem is allowed, a value must be placed on the 1,318 linear foot section and charged to the Cities of Denton and Krum municipal utilities. In addition, land disturbed in the park will be returned to its original condition. Parks and Recreation Departmem and the City of Demon Engineering staff have reviewed all other possible alternatives. These alternatives included: · Select another route through the city that would by-pass the park area. A routing study was conducted. This normal gravity flow line curremly exists across the park area. The line is proposed to follow the creek channel from the Masch Branch Road area southeast to connect with an existing easemem crossing the park. · Permit the proposed routing of the sewer easemem across the park area to connect to an existing easemem passing through the open space area. After review of this option, it appears to be the most prudem and cost effective way to provide a major gravity sewer line to this part of the city. à&€Þã%t³˜€ŒÞ¡._Ö™ŽºÍŸ¿ƒÆ~¬Ë²©š…“†Ã†Þm!‘ŸÑ✴¸¶ÐÐÛŸžŒÜ‚˜Ð&ß‹©}”n¨?“{sndiŸ›ðՐ־Ï{þÕ’—›•(èŠEDB¹÷h®í“¼ø¸S”„ß±³ŽÐ†õ˜/ožÕÿ½–‹Æ “ßãÅ0Ž JÝ]‡ïvÃÇ%×Û?¶‘V¶Åå: ÚhžIJNÑ͐Š‘ÏX— 7?Í6â&ΡõߺZ=¡ã\£˜•ž<Áß÷ ˜’‡¤†;UƒuŸ‰ŒÑ,sÑðíèõë“îéêùÿ»ùטlÓ®·ßMÏ@E˜hïØ1—»¾ê…Ç¢¾ºÂô»,‘ž+þ'šh5þÛ{Cè~Ek0%áZ‡R¤LЬSšæ™c ‰ÉI}:#»¿Ú?6Xƒšò…ÉáúøWPVmRGLq’é€]^¹ž¡Åò™ßòI˜ßØŠm/–|ߊ‹–“–‹†ßšžŒš’š‘‹Ñß«—ššßˆŠ“›ßšß‘ß’ž•òu-)Œ*“Ë¢²Q>"^L‘‹ßž”ߐšž‹–‘Œßß˜ž’ŒÑß«—šß¯ž”Œßž‘›ßÁxå-Z…¡"p‘çG²p`+F¸PÉûÔèWŽŒ×‹¾ƒÝ+¿šÕý†öõ…G˜²³ ü—\ûØ»‘žˆ6ÈŸ‹˜™Ýœ£Iš6¸Ï²æ­½Iº½à ¸(kßž‘‹%эlÒ·¡j¥󍚞Œäâš©ú!â‘$§%q”LÜß‹ß¶û. †“;…éˆá‚\kہÕ“Ê3›|$pÿÒì ›n©º>߉²¸_ÚÃʯ°ò;Åâ0h>©pWÚÿ¼ê1̘‘ŠlJ‡¾–…} ÕlB»Ó–õ{P¾§–%Ï“éÊÏ·ÎÑòõ¾`ÿ6º¨oý«¶”ø­?¶J¡òõ«óßçŠÏ€ìž‘›ß叒›{”‘ŸžÅÚM™ÚN’’’áSI1<º¢Ëû‹ Áߐ™ ×¢ÛOÓ‹ï––œYÙ„7Æ{šžltÜue1peÊ{}“šš‹–‘˜ß‘߬š‹š’šßÍÌÓßÍÏÏÍÑß׬ššßš‡—––‹ß½Óß’–‘Š‹šŒÖòõòWX¬p²Ö,ØÒÐ/­¶°±òõ¼’š‘Œž‹–‘ߍš“ž‹š›ß‹ß‹—–ŒßŠŒšß–ŒßŒ‹–“óߎ`$èÐ{¤CÁ#‚h—ʇ߳’«âÛ~›]‡P‡‹Þ“Þ«Š–¶«¶ŠŒàƒ/x¾ì Füü©‚‘Ú“šc„ÿ}çt‰šœƒß‰ùØc9ƸÊ*š’š“‹|ásaÞgvW}Û‡™Œ‹½‹™ýú•]Ò“ šŒŸÃ àýŸ™Š´Ö=¶£ØŽòµ~ؤ÷gxµ—¯€gbѬ#œÆ…žÚÞï揔Oˆ–»_än‡ßÀo!Ø(öõ²õ•¶Š’ÿýŠÞ­²Z«¼´!Ä´¬õ±”k²Ì]­6· *“š¥ÜÛ‚Î씶+¬_éò-è‡4-ß?'“œžS" (Ř釗V@çü¨ÉÊ5„µ–‘Š‹šŒß׺‡—®–‹ß½Öòõòõ­šŒšœ‹™Š““†ß¬Š’–‹‹š›Åòõòõ¯šžš›@›EkT¾®ŽýPkEJ”‘šÓ߬Šš–‘‹š‘›š‘‹òõ¯ž”Œßž‘›ß­šœšž‹–‘ß»ú+êKeƒHù"hH2+HðD*Ê`¢45亨îô^i¾{´·F¬n¯ÕšŒ‰ÛÞ¼Žš¹Û»ÛŸšyöàÈ…ò9¦ ²aZ‚[ž’“ޝŒ‘ÄŒ• _‘1ìÛwâI¸ê³<Ôñ2Qc…êm’ÿdp³.ÐORrñsðQtãÏïe?ÐV6ñžœšŸqVnl’¥~ñ:­-b,(½¦*¯;E`¢NŒíõòõ ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF AIRPORT OPEN SPACE PARK ON MASCH BRACH ROAD FOR THE PURPOSE OF A PUBLIC UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is no feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use; and WHEREAS, the City of Denton and City of Kmm desire to improve public utility service to the City of Denton and City of Krum by constructing a sewer line 1,318 linear feet through the park; and WHEREAS, the City of Denton desires to provide the public utility easement since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on September 22, September 29, and October 6, 2002 of a Public Hearing to be held on October 15, 2002 in the Council Chambers to consider the alternatives to the use of City Park for the sewer line project; and WHEREAS, the City Council on October 15, 2002, received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to the Airport Open Space Park resulting from the public utility easement; and WHEREAS, the City Council finds that the project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the park land and that the subject sewer line project includes all reasonable planning to minimize harm to the park as a result of the project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The public utility easement proposed by the City of Denton Municipal Utilities (the "Project") shall be constructed and maintained below the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the sewer line be constructed in a manner so that the park land may still be used by its patrons after completion of the Project in the same manner it was used prior to the Project. SECTION 2. A public utility easement shall be signed by the City Manager or his designee and approved by the City Attorney allowing the use of the park property for the Project as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the Project; compensates for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the Project, temporary use of such additional park land necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department. However, at the completion of the construction activities for the Project such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ,20O0. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: Page 2 of 2 EXHIBIT "A" ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED 1N THE T. TOBY SURVEY, ABSTRACT 1285, AND BEING A PART OF A TRACT OF LAND DESCRII3ED IN A DEED TO THE CITY OF DENTON RECORDED IN VOLUME 516, PAGE 648 DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID CITY OF DENTON TRACT, ON THE EAST LINE OF MASCH BRANCH ROAD; THENCE SOUTH 86 DEGREES 38 MINUTES 56 SECONDS EAST WITH THE NORTH LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 391.21 FEET; THENCE SOUTH 50 DEGREES 42 MINUTES 2l SECONDS EAST, A DISTANCE OF 457.77 FEET; THENCE SOUTH 34 DEGREES 16 MINUTES 34 SECONDS EAST, A DISTANCE OF 469.85 FEET; THENCE SOUTH 55 DEGREES 43 MINUTES 26 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE NOI~TH 34 DEGREES 16 MINUTES 34 SECONDS WEST, A DISTANCE OF 466.96 FEET; THENCE NORTH 50 DEGREES 42 MINUTES 21 SECONDS WEST, A DISTANCE OF 448.39 FEET; THENCE NORTH 86 DEGREES 38 MINUTES 56 SECONDS WEST, A DISTANCE OF 374.80 FEET TO THE WEST LINE OF SAID CITY OF DENTON TRACT, ON THE EAST LINE OF MASCH BRANCH ROAD; THENCE NORTH 23 DEGREES 08 MINUTES 44 SECONDS WEST WITH THE WEST LINE OF SAID CITY OF DENTON TRACT AND THE EAST LINE OF MASCH BRANCH ROAD, A DISTANCE OF 22.33 FEET TO THE POINT-OF-BEGINNING, AND CONTAINING IN ALL 0.599 OF AN ACRE OF LAND. TRACT 20' EXHIBIT B LINE TABLE L1 S86°38' 56"E 391,21 L2 S50°42'21"E 457.77 L3 $34~16'34"E 469.85 L4 S55°43'26"W 20.00 L5 N34"16'34"W 466.96 L6 N50° 42 ' 21"W 448.39 L7 N86°38' 56"W 374.80 L8 N23~02'44"W 22.33 N S POINT OF BEGINNING UTILITY EASEMENT L1 d. NEWTON RAZOR VOLUME 1796, PA(~E 601 L2 CITY OF DENTON VOLUME 516, PAGE 648 T. ToBY~. ABsTRAC u-nu~ ACRE _Metr.oplex =urvey, ng, Inc. 940-387-0506 223 W. HICKORY, DENTON, TEXAS 76201 info@metroplexsurveying.com DT~N. KHY C~). BGS sc~'l"= 2OOtDA?~' 09/'16~02 TRACT 20 IioB N0.32597 i Exhi Airport Open Line Proposed line hristal Road ]Airport Road --=. DRAFT Exhibit B Parks, Recreation and Beautification Board September 23, 2002 City Hall Conference Room Members present: Don Edwards, Dalton Gregory, Geri Aschenbrenner, Cassandra Berry, Brandon Barnes and Dale Yeatts. Members absent: Teresa Andress Staff present: Ed Hodney, Janet Simpson, Bob Tickner, Emerson Vorel, John Whitmore, Lancine Bentley, Janie McLeod, Jeff Gilbert, Ken Washington and Cathy Avery. Other guests: Several members of the Denton Senior Center, and James Kennemer with Denton Youth Sports Association. Chairman Don Edwards call to the meeting to order at 6:03 p.m. Awards and Recognition. Emerson Vorel introduced Russell Koch, the new Parks Manager of horticulture and cemeteries. He then introduced Steve Hartman and Javier Molina of the Parks Operations Athletic Division. Emerson said that the two gentlemen had participated in the Groundskeeper Management Academy in Round Rock and received the Outstanding Performance Award for preparing athletic fields. Approval of Minutes of August 26, 2002. Dalton Gregory made a motion to approve the minutes as presented. Dale Yeatts seconded the motion and it passes unanimously. ACTION ITEMS. Consider Airport Open Space Park Sewer Line Easement. Bob said the City of Krum and the City of Denton Water Utilities has requested the use of parkland to locate a sewer line. After reviewing all other alternatives, staff recommended approval of the use of the Airport Open Space Park for the public utility easement. Bob said there would be no major impact on current park operations or programs. Dalton made a motion to approve the requested use of parkland to locate a sewer line. Geri seconded the motion and it passed unanimously. DISCUSSION ITEMS Renaming of the Denton Senior Center. Ed said the Advisory Council of the Denton Senior Center has requested that the center be renamed "Bell Avenue Recreation Center" with the subscript "Active Adults 50+". Senior Center Manager, Jeff Gilbert described the process and rationale leading to the request. Representatives from the Advisory Council attended the meeting, as will be some seniors who opposed the change. Several of the proponents and opponents spoke to the board. Opponents submitted a petition against the name change to the Board. The Board then formed an ad hoc committee for the purposes of developing a recommendation for consideration at a DRAFT future board meeting. The committee consists off Cassandra Berry, Dale Yeatts, and Dalton Gregory. Request from Denton Youth Sports Association to Prohibit Smoking at Youth Sport Events. Ed introduced Cathy Avery and Ken Washington with the Athletic Division of Leisure Services. Ed explained that he Denton Youth Sport Association (DYSA) is a youth sport advisory board comprised of six youth sport associations. The Department has a co- sponsorship agreement with each association. James Kennemer, Vice President of DYSA said that the organization is requesting prohibiting smoking at all PARD youth outdoor athletic sport complexes, excluding the parking lots at those facilities or other designated areas. He also requested that smoking be prohibited at any PARD outdoor athletic facility shared by adult and youth participants during times that organized PARD or co-sponsored youth athletic activities are being held, excluding parking lots or other designated areas. Cathy Avery requested that all tobacco products be prohibited as part of the ordinance. The Park Board supported the department's efforts to obtain a city ordinance that would prohibit smoking at youth outdoor athletic complexes and at any outdoor athletic complex that is hosting youth athletic events. Ed said staff would move forward with the drafting of an ordinance, which will be presented at a future board meeting. Naming of the New Park on University Drive. Bob said the City of Denton recently accepted the donation of five acres of land for the purpose of a neighborhood park in northeast Denton. This land is adjacent to a new apartment complex recently constructed between University Drive and Mingo Roads and east of Ruddell Street. The developer of the complex has named the development "Primrose at Sequoia Park. They have requested that the park be named "Sequoia Park" in support of the name of the complex. The neighborhood area adjacent to the east is known as Sequoia Park. Chairman Edwards asked the board to form an ad hoc committee for the purposes of developing a recommendation for the park to be considered at a future board meeting. The committee consisted off Cassandra Berry, Dale Yeatts, and Dalton Gregory. DIRECTOR'S REPORT Project Status Report. Ed said he would respond to any questions regarding the distributed status report. There were no questions. Keep Denton Beautiful Report. Lancine said she would respond to any questions regarding the distributed KDB report. There were no questions. Other Items. Janet invited the Board to participate with the trail work day at Cross Timber Park. There being no further business, the meeting was adjourned at 7:30 p.m. 'The 'City of Denton COMMUNITY DEVEL OPMEN', TARGET AREA MAP HANDOUT TO COUNCIL TARGET AREA Page 1 of 1 Church & Wo~ko~v Wibo~ ScHool ~Womans University ~enton School http://www.hud.gov/library/bookshelfl 8/plan/tx/dentotx3.gif 10/15/2002 rag~ I OII Blue Mound Church [] o~os [] s~o~o · 10~o 15 · ~s~, 2o Wooclrow Wilson School Wornam Univer~ty )enton School http://www.hud.gov/library/bookshel fl 8/plardtx/dentotx4.gif 10/15/2002 Denton, Texas Consolidated Plan for 1995 Executive Summary Page 1 of 8 U.S. Department of Housing and Urban Development Office of Community Planning and Development Denton, TX Consolidated Plan for 1995 Executive Summa 3r CITIZEN'S SUMMARY Steady growth characterizes Denton, TX, a city of nearly 70,000 in the northern part of the Dallas-Fort Worth Metroplex, which is the Nation's fastest growing and physically largest metropolitan statistical area (MSA). Denton aggressively mobilizes the resources of local providers to maximize benefits from available public funds. It is unique among Texas cities its size because it uses local tax dollars for human services. Action Plan Denton will use $1.7 million in Community Development Block Grant (CDBG) program and public- private resources this money will leverage to fund high priority activities, including assistance to lower income renters. Citizen Participation Newspaper, cable television, and radio advertisements notified citizens about the opportunity to participate in the preparation of Denton's Consolidated Plan. Service agencies, churches, other organizations, and interested citizens who living in lower income neighborhoods were notified directly. Public hearings were held at each stage of the process, including hearings that identified housing and community development needs, reviewed proposed use of funds, and reviewed program performance. Public hearings were held in lower income neighborhoods. Technical assistance was provided to individuals and groups developing proposals. The city established procedures for responding to written and oral complaints. depicts points of interest in the jurisdiction. COMMUNITY PROFILE Denton's annual growth rate of slightly more than 3 percent is consistent with the city's historical trend of moderate but steady growth. This trend began with sharp upturns in 1985 and 1986. The 1990 census recorded a 60 percent increase in population, which rose to a total of 66,270 people. As of January 1, http://www.hud.gov/library/bookshelfl 8/plan/tx/dentontx.html 10/15/2002 Denton, Texas Consolidated Plan for 1995 Executive Summary Page 2 of 8 1995, the population was 69,875. The highest percentage increases occurred in areas along the Interstate 35 east corridor to Dallas, some 30 miles to the southeast. The racial/ethnic composition of Denton is 78 percent white, about 9 percent African American, and about 9 percent Hispanic (of all races). All other minorities comprise just over 3 percent. During the 1980s Denton's minority population increased by 69 percent. Although African-American and white populations experienced almost identical percentage changes -- 32 percent and 31 percent, respectively - - other minorities made substantial gains. The Hispanic population doubled, almost equaling the African American population. While the Native American and Asian American populations are small, their percentage increases are dramatic -- 215 percent and 184 percent, respectively. Eight census tracts have minority concentrations in excess of 20 percent. Median family income (MFI) in Denton is $39,516, versus $47,000 in the metropolitan area. Of the · city's 25,702 households, 37 percent are considered very Iow-income, earning 0-50 percent of MFI. Another 18 percent are low-income households, earning 51-80 percent of MFI. Nearly 8 percent are moderate-income households, earning 81-95 percent of MFI. There is a concentration of low- and moderate-income households in the older areas of the city. These areas also have the highest percentage of substandard structures and housing in need of rehabilitation. Over the past decade, the percentage of small (one- to four-person) families who need housing assistance has risen dramatically, from 8 percent in 1978 to 55 percent in 1989. This increase apparently coincides with a significant increase in the number of single-parent households, which rose by 50 percent since 1980. More than one-fifth of renter households earning less than 51 percent of MFI are small households. _M___AP~2 depicts points of interest and low-moderate income areas. MAP 3 depicts points of interest, low-moderate income areas, and minority concentration levels. MAP 4 depicts points of interest, low-moderate income areas, and unemployment levels. HOUSING AND COMMUNITY DEVELOPMENT NEEDS Conditions Lower income renters experience two factors that are unusual for a city of Denton's size. First, college students inflate rental rates. Often, as many as four unrelated students attending the University of North Texas or Texas Woman's University form one household. These combined households can afford higher rents than many traditional households. Second, fair market rental rates are artificially inflated because they are based on statistics for the Dallas metropolitan area, which has higher housing costs. These rental levels are a particular burden on groups seeking to provide housing to those threatened with homelessness. http://www.hud.gov/library/bookshelfl 8/plan/tx/dentontx.html 10/15/2002 Denton, Texas Consolidated Plan for 1995 Executive Summary Page 3 of 8 Housing Needs The majority of low-income households needing housing assistance are renters. Denton has 15,294 renter households in the low- and moderate-income categories requiring some type of housing assistance. These households have incomes below 80 percent of MFI and pay more than 30 percent for housing expenses. Among all renters, 54 percent are very low-income households, and over 50 percent have a severe cost burden, paying more than 50 percent of their income for housing expenses. Of African American renters, 72 percent are very low-income households, and 67 percent have housing problems. Of Hispanic renters, 61 percent are very low-income households, and 64 percent of them have housing problems. Although Denton's 10,408 homeowners typically have higher incomes than renters, 12 percent of owners with very low-incomes, particularly African American and Hispanic owners, have a high incidence of housing problems. Among very low-income owners 60 percent have a cost burden, paying more than 30 percent of their income for housing expenses, and 31 percent have a severe cost burden. Half of all Hispanic owners have housing problems. Elderly households comprise 64 percent of all owners who have incomes below 50 percent of MFI. Housing Market Conditions As of January 1, 1995, Denton had an estimated 29,599 housing units. Over 15,000 of those were rental units, and about 10,000 were owner-occupied. The average sales price of a home was $91,056. The average monthly rent was $455, including utilities. Although families earning 51-80 percent of MFI could afford this rent, families earning less than 50 percent of MFI could not. Affordable Housing Needs Although comparing income levels with current prices indicates that owner-occupied housing in Denton should be more affordable than ever before, households earning 50 percent of MFI can afford only 5,797 housing units, and 1,360 of these units are vacant. Households with incomes less than 31 percent of MFI can afford only 161 vacant units. The city started a homebuyer assistance program that helps lower income families to pay the up-front costs associated with purchasing such homes. Since its inception in 1992, the program has provided 38 families with $143,414 in assistance, an average of $3,774 per household. Currently, 32 low-income families are on a waiting list for such assistance. Homeless Needs It is difficult to determine the number of homeless persons in Denton. Only a few of the homeless are actually on the streets. As many as 25 to 30 persons may not have any type of permanent shelter. Most homeless families and individuals are living with relatives and friends or living in their cars. A 1994 count found 41 homeless persons, including 8 children. Unemployment was the most frequently cited reason for homelessness. Denton has three shelters operated by nonprofit or religious organizations. The Denton Gospel Mission can house 20 to 25 transient men; Denton County Friends of the Family shelters an annual average of 304 victims of domestic violence; and the Salvation Army provides emergency food, gas, and rent or motel assistance. Although the Salvation Army can currently shelter approximately two families and two to three single women and children, it is planning to build a family shelter. http://www.hud.gov/library/bookshelfl 8/plarfftrddentontx.html 10/15/2002 Denton, Texas Consolidated Plan for 1995 Executive Summary Page 4 of 8 Providers report that more capacity is needed to shelter homeless families. Nearly one dozen organizations or institutions provide the homeless or those threatened with homelessness with services, ranging fi.om food and clothing to employment assistance. Unfortunately, most of the social services available for the city's homeless provide only a brief respite. Public and Assisted Housing Needs Denton has no conventional public housing units. The Denton Housing Authority manages 176 Section 8 new-construction units for families and 140 such units for the elderly. The authority also manages 632 Section 8 certificates and 83 vouchers. Barriers to Affordable Housing There are no overt barriers to development of affordable housing in Denton. The official Denton Development Plan encourages the construction of numerous housing types and the adoption of codes and ordinances that "promote and encourage the quality of smaller size housing." It also promotes compact growth as a means to reduce the per capita cost of infrastructure, thus lowering the cost of development. Recent steps to implement these and similar policies include: expansion of the Community Development Office, which administers the city's housing program; and appointment of a low- and moderate-income housing task force. The task force helped to create the Denton Affordable Housing Corporation, which was designed to increase the supply of affordable housing. There is no evidence that zoning regulations, building codes, lot limitations, development fees, or tax rates have an adverse effect on the provision of affordable housing. Fair Housing Denton plans to expand its fair housing program to include additional outreach and training. This expanded program may include a reorganization that will satisfy provisions of the Fair Housing Act. By increasing public awareness of fair housing programs, the city hopes to reduce the number of unreported cases of housing discrimination. Lead-Based Paint Estimates based on a HUD-recommended formula indicate that 6,266 household units occupied by low- and moderate-income families contain lead-based paint hazards. City efforts to reduce lead-based paint hazards include: providing information to prospective buyers of homes built before 1978, and monitoring rehabilitation contractors on the success of their hazard abatement efforts. The Denton County Health Department has not documented any confirmed cases of lead-based paint poisoning. Other Issues Eight facilities provide various levels of care for persons in need of assisted living or convalescent care. Services for the el&dy include recreation activities, hot meals, and transportation in accessible vans. AIDS Services of Denton County offers confidential testing and counseling, case management, medical equipment, and transportation to health care providers and social service agencies. Public agencies and philanthropic groups provide various health care services to families, persons with physical or mental http ://www.hud.gov/library/bookshelfl 8/plan/tx/dentontx.html 1 O/15/2002 Denton, Texas Consolidated Plan for 1995 Executive Summary Page 5 of 8 disabilities, and persons with other special needs. Community Development Needs The estimated cost of addressing the city's community development needs is over $9 million. Of the $2.6 million needed for public service expenditures, nearly $1.8 million would be required to provide necessary employment training. Another $2.2 million would be required for infrastructure needs, including improvements for flood drainage, water facilities, streets, and sewers. Slightly more than $1 million would be required to complete needed public facility improvements. Coordination Under the supervision of the Denton Community Development Office, the city mobilizes housing and supportive service providers to implement provisions of the Consolidated Plan. The community development advisory committee and the human services committee will continue to gather data and discuss needs with service agency personnel and other providers. HOUSING AND COMMUNITY DEVELOPMENT STRATEGY Housing and Community Development Objectives and Priorities Over the next 5 years, Denton will follow nine strategies, each based on carefully identified needs and priorities. These strategies include: · Expanding the supply of affordable housing. · Helping homeless families and those threatened with homelessness. · Enhancing human service delivery. · Improving infrastructure. · Fostering economic development. · Reducing crime and the fear of crime. · Removing barriers to affordable housing. · Abating or reducing lead-based paint hazards. · Continuing to support antipoverty measures. Housing Priorities http://www.hud.gov/library/bookshelfl 8/plan/tx/dentontx.html 10/15/2002 Denton, Texas Consolidated Plan for 1995 Executive Summary Page 6 of 8 The affordable housing strategy places the highest priority on increasing available rental assistance to low-income families. The Housing Authority will continue to use Section 8 vouchers and certificates to assist these families. In order to complete the conversion of a vacant hotel into housing for very low- income elderly persons, the Authority will spend $900,000 from the Federal Home Loan Bank and $811,000 in State HOME Investment Partnership (HOME) program funds. HOPE, Inc., a nonprofit support group for the homeless, will provide rental assistance, using $40,550 in HUD transitional housing funds, $10,000 in Denton general funds, and private donations. AIDS Services of Denton County, Inc., will use $80,000 fi.om the Housing Opportunities for Persons With AIDS (HOPWA) program for rent and utility assistance for approximately 50 persons. The Community Development staff will establish a rental rehabilitation program targeted to low-income neighborhoods. Rehabilitation assistance for owner occupants is designed to ensure that very low- and low-income owners retain ownership. There are 110 households on the waiting list for this assistance. Denton will continue its homebuyer assistance program, which provides up to $14,900 for closing costs and gap financing to reduce interest rates for very low-income families. Developed by 11 major providers, the 5-year strategy to reduce homelessness establishes a continuum of care consisting of outreach and assessment, emergency shelter, transitional housing, and permanent housing. The city will support local nonprofit applications requesting funds to implement essential aspects of this strategy. Assistance to persons threatened with homelessness and persons with special needs will include programs implemented by HOPE, Inc., and AIDS Services of Denton County. Nonhousing Community Development Priorities Denton's community development program provides nonhousing assistance in three major areas: human services, public facilities and improvements, and economic development. As the only Texas city its size using local tax dollars for human services, Denton's human services budget consists of half CDBG funds and half general fund revenue. Following criteria developed by a Council-appointed human services advisory committee, key providers identified four priorities: · Developing a service coordination unit. · Working to provide additional resources for those needs identified in 1994. · Increasing coordination among service organizations and funding sources. · Encouraging programs that promote self-sufficiency. Two infrastructure priorities have been set for the 5-year strategy: · Closer coordination between the CDBG process and the capital improvement plan process. The two processes now occur simultaneously, but with little coordination. · Revision of funding criteria. The city and the Denton Chamber of Commerce have developed a joint economic development program http://www.hud.gov/library/bookshelfl 8/plan/tx/dentontx.html 10/15/2002 Denton, Texas Consolidated Plan for 1995 Executive Summary Page 7 of 8 that would: · Proactively recruit research and development facilities and distribution centers for film and high- tech equipment and services. · Develop marketing tools that help Denton to compete within the Dallas-Fort Worth metropolitan area as well as regionally, nationally, and internationally. · Capitalize on the resources of universities to attract industry and nurture small businesses. · Identify and develop marketable sites. · Promote creative financing and fiscal impact studies. There is a high priority to create a community development corporation that encourages small business development. A key element of Denton's crime prevention strategy is the Police Department's Community Oriented Policing program, established in 1988. The Police Department is requesting $173,000 from the U.S. Department of Justice in order to accomplish the program's mission. Crime prevention goals include: creation of a central repository for information and resources, greater communication between citizens and police, and mobilization of community groups to prevent crime. Antipoverty Strategy The city supports activities that provide residents with opportunities to attain and maintain self- sufficiency, including efforts by HOPE, Inc., which provides job-search assistance and budget counseling. The city expects to closely collaborate with the North Texas Education and Training Co-op., Inc., which provides education and employment counseling as part of its role in administering the Job Training Parmership Act program. Coordination of Strategic Plan The Community Development Office is the lead agency for the city's housing programs, initiating projects that require the participation and cooperation of entities, such as: the Denton Housing Authority, the county Housing Finance Corporation, and the educational community. The Denton County Mental Health Mental Retardation organization may become a key player in the city's attempt to assist persons with special needs. MAP 5 depicts points of interest, low-moderate income areas, unemployment levels, and proposed HUD funded projects. MAP 6 is a map, sectioned by neighborhood, which depicts points of interest, low-moderate income areas, unemployment levels, and proposed HUD funded projects. MAP 7 depicts points of interest, low-moderate income areas, unemployment levels, and proposed HUD funded projects within one of the four neighborhoods indicated in MAP 6. MAP 8 depicts points of interest, low-moderate income areas, unemployment levels, and proposed HUD funded projects within another of the four neighborhoods indicated in MAP 6. http://www.hud.gov/library/bookshelfl 8/plan/tx/dentontx.html 10/15/2002 Denton, Texas Consolidated Plan for 1995 Executive Summary Page 8 of 8 MAP 9 depicts points of interest, low-moderate income areas, unemployment levels, and proposed HUD funded project(s) from a street level vantage point; in addition, a table provides information about the project(s) depicted in Texas' Consolidated Plans http://www.hud.gov/library/bookshelfl 8/plan/tx/dentontx.html 1 O/15/2002