HomeMy WebLinkAboutOctober 21, 2003 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
October 21, 2003
After determining that a quorum is presem, the City Council of the City of DeNon, Texas will
convene in a Work Session on Tuesday, October 21, 2003 at 4:30 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:
1. Receive a report and hold a discussion regarding the CLIDE Awards Program.
Receive a report, hold a discussion, and give staff direction regarding exempting
qualified charitable organizations from ad valorem taxation as defined and authorized by
State law and declaring an effective date.
Receive a report, hold a discussion and give staff direction concerning the appeal of
William Kim Fugitt, AIA (The Timbers at DeNon, LLC.) brought pursuam to §26-226 of
City of DeNon Ordinance No. 2003-137, involving the imposition of impact fees.
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of October 21, 2003.
Following the completion of the Work Session, the City 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
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the Texas Governmem Code, as amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attorney - Under Tex. Gov't Code §551.071
Consider and discuss status of litigation styled Gold v. City of Denton, et
al., Cause No. 2003-60102-393, currently pending in the 393rd District
Court, Denton County, Texas.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS
GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §§551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
City of DeNon City Council Agenda
October 21, 2003
Page 2
Regular Meeting of the City of DeNon City Council on Tuesday, October 21, 2003 at 6:30 p.m.
in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. PLEDGE OF ALLEGIANCE
mo
U.S. Flag
Texas Flag
"Honor the Texas Flag -- i pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
B. October Yard-of-the-Momh Awards
C. Recognition of staff accomplishmems
3. CITIZENS REPORTS
mo
Receive citizen reports from the following:
1. Bob Clifton regarding the City of Demon electric company and other
general nuisances.
2. Nell Yeldell regarding utilities, the concrete company, faulty property
deeds, area ditches and associated trees, and harassmem by the City.
3. John Skelton regarding the McKamy/Evers subdivision.
4. Teresa Heffer regarding a water well on Highway 380 and the city's lack
of response to her request.
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 implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consem Agenda (Agenda items A-N). This listing is provided on the Consem Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda.
if no items are pulled, Consem Agenda items A-N below will be approved with one motion, if
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
mo
Consider adoption of an ordinance of the City of DeNon authorizing an
agreement between the City of Denton, Texas and the Denton County Friends of
the Family for counseling and case management to victims of domestic violence
for low to moderate income families; providing for the expenditure of funds
therefor; and providing for an effective date.
City of DeNon City Council Agenda
October 21, 2003
Page 3
Bo
Consider adoption of an ordinance of the City of DeNon authorizing an
agreemem between the City of DeNon, Texas and SPAN Inc. for providing
nutritional meals for elderly or disabled low to moderate income persons;
providing for the expenditure of funds therefor; and providing for an effective
date.
Co
Consider adoption of an ordinance of the City of DeNon authorizing an
agreemem between the City of DeNon, Texas and the Family Health Care, Inc.
for prenatal health care for low to moderate income persons; providing for the
expenditure of funds therefor; and providing for an effective date.
Do
Consider adoption of an ordinance awarding a comract for the purchase of annual
maimenance for the City of DeNon Cisco (Smartnet) networked devices including
switches, hubs, routers, and Cisco IP phone equipment for all equipment located
in city facilities as awarded by the State of Texas Building and Procuremem
Commission through the Catalog Information Service Vendor (CISV) Catalog
Program; providing for the expenditure of funds therefor; and providing an
effective date (File 3093 - Annual Maimenance for Cisco Networked Devices
awarded to Forsythe Solutions Group in the amoum of $65,347.17).
mo
Consider adoption of an ordinance awarding a comract for the purchase of
maintenance and services for the LaserFiche Document Imaging System currently
being used by the City of DeNon as awarded by the State of Texas Building and
Procurement Commission through the Catalog Information Service Vendor
(CISV) Catalog Program; providing for the expenditure of funds therefor; and
providing an effective date (File 3095 - Maimenance and Services for LaserFiche
Document Imaging System awarded to VP Imaging, Inc. in the amount of
$40,265.35).
Fo
Consider adoption of an ordinance awarding a comract for the purchase of annual
maintenance for the Nortel phone system including 24 hr/7 day support on all
equipment located in City of Denton facilities as awarded by the State of Texas
Building and Procuremem Commission through the Catalog Information Service
Vendor (CISV) Catalog Program; providing for the expenditure of funds therefor;
and providing an effective date (File 3097 - Annual Maimenance for Nortel
Phone system awarded to Verizon Southwest in the amoum of $42,400.08).
Go
Consider adoption of an ordinance awarding a contract for the purchase of an
annual contract to provide continued wireless connectivity service to the Public
Safety Mobile Computers as awarded by the State of Texas Building and
Procurement Commission through the Catalog Information Service Vendor
(CISV) Catalog Program; providing for the expenditure of funds therefor; and
providing an effective date (File 3098 - Annual Comract for Cominued Wireless
Connectivity awarded to AT &T Wireless in an amoum not to exceed $105,000).
Ho
Consider adoption of an ordinance awarding a comract for the purchase of annual
maintenance for the Novell Network Infrastructure Licenses to include Novell
Node, ZenWorks Node, BorderManager, Novell Secure Login, Novell Portal
Services, Novell iChain, Novell GroupWise Mailbox, and DirXML as awarded by
the State of Texas Building and Procurement Commission through the Catalog
City of DeNon City Council Agenda
October 21, 2003
Page 4
Information Service Vendor (CiSV) Catalog Program; providing for the
expenditure of funds therefor; and providing an effective date (File 3099 - Annual
Maintenance for Novell Network Infrastructure Licenses awarded to SHi-
Governmem Solutions in the amoum of $76,061.29).
Consider adoption of an ordinance authorizing the City Manager to execute a
professional services agreement with ETTL Engineering and Consulting, Inc. for
hydrogeological consulting and analytical services pertaining to the City of
DeNon Landfill (MSW Permit No 1590A); authorizing the expenditure of funds
therefor; providing for retroactive ratification and approval thereof; and providing
an effective date (RFP 3092 - in an amoum not to exceed $40,897.52).
Jo
Consider adoption of an ordinance approving the expenditure of funds for the
purchase of an annual maintenance agreement for continued vendor support of the
Harris Public Utility Billing System 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 3094 - Annual
Maintenance of Harris Public Utility Billing System to Harris Computer Systems
in the amoum of $55,461.24).
Ko
Consider adoption of an ordinance approving the expenditure of funds for the
purchase of annual Passport Advantage Software maintenance for continued
vendor support of the Informix Dynamic Server Relational Database Software
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 3096 - Annual Maimenance of Passport Advamage
Software to imernational Business Machines incorporated (iBM) in the amoum of
$60,900).
Lo
Consider adoption of an ordinance approving the expenditure of funds for the
purchase of annual maintenance for continued vendor support of the JD Edwards
OneWorld Software Package 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 3100 - Annual
Maimenance for JD Edwards OneWorld Software Package to JD Edwards in the
amoum of $82,800).
Mo
Consider adoption of an ordinance amending Chapter 18 of the Code of
Ordinances to extend the school zone for Tomas Rivera Elementary School by
adding a portion of Woodrow Lane to the streets included in the zone; removing
the bus loading zone for the former Sullivan Keller Elememary; providing a
penalty of a fine not to exceed two hundred dollars; providing a severability
clause; providing for publication; and declaring an effective date.
No
Consider adoption of an ordinance allowing the City Manager to execute a Non-
drill Site/Pooling Agreemem with Lynx Oil Company, inc. for 96 acres of the
Airport Open Space in the City of Demon, Texas; and providing an effective date.
City of DeNon City Council Agenda
October 21, 2003
Page 5
5. PUBLIC HEARINGS
mo
Hold a public hearing and consider adoption of an ordinance for a Comprehensive
Plan Amendment from Regional Mixed Use Center to Existing
Neighborhood/Infill Compatibility on 11.68 acres of land. The subject property is
generally located north of Wind River Lane and south of 1-35 in the Wind River
Estates Phase IV subdivision. Single Family residential uses currently exist on
this property. Planning and Zoning Commission recommends approval (7-0).
(CA03-0002, Northeast Wind River Estates)
Bo
Hold a public hearing and consider adoption of an ordinance for the rezoning of
11.68 acres of land from Regional Cemer Residemial 1 (RCR-1) to Neighborhood
Residemial 3 (NR-3). The subject property is generally located north of Wind
River Lane and south of 1-35 in the Wind River Estates Phase IV subdivision.
Single Family residemial uses curremly exist on this property. Planning and
Zoning Commission recommends approval (7-0). (Z03-0021, Northeast Wind
River Estates)
6. ITEMS FOR INDIVIDUAL CONSIDERATION
mo
Consider adoption of an ordinance of the City Council of the City of DeNon,
Texas, approving guidelines for operation of the City of DeNon Home
Improvement and Optional Reconstruction 2003 Program and eligibility criteria;
authorizing expenditures in excess of $25,000 for projects meeting program
guidelines and criteria; and providing for an effective date.
Bo
Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of hot mix lay asphalt concrete; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3073A -
Annual Price Agreement for Hot Mix Lay Asphalt Concrete awarded to Jagoe-
Public Company in the estimated amoum of $500,000).
Co
Consider adoption of an ordinance accepting competitive proposals and awarding
a contract for the purchase of Health Insurance; providing for the expenditure of
funds therefore; and providing for an effective date (RFP 3056 - Employee
Health Insurance awarded to United HealthCare in the estimated amount of
$7,820,400.)
Do
Consideration of Referendum Petition:
1. Receive Certification of a Referendum Petition from the City Secretary.
2. Consider a motion to reconsider Ordinance No. 2003-265 (the Solid Waste
Rate Ordinance) that is the subject of the Referendum Petition certified by
the City Secretary to vote on the question as required by the City Charter
"Shall the ordinance specified in the referendum petition be repealed?"
3. Consider adoption of an ordinance repealing Ordinance No. 2003-265 (the
Solid Waste Rate Ordinance); reinstating the Solid Waste Rate Ordinances
that were in effect immediately before the passage of the "Solid Waste
City of Demon City Council Agenda
October 21, 2003
Page 6
Rate Ordinance"; providing a savings clause; and providing an effective
date.
Consider adoption of an ordinance of the City of Demon, Texas amending
the schedule of rates for solid waste service comained in Ordinance
Numbers 2002-270 as authorized by Chapter 24 of the Code of
Ordinances of the City of Demon, Texas; providing that the provisions of
Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of
Ordinances of the City of Demon, Texas shall expressly apply to City of
Denton solid waste service; amending the manual residential rate charge;
amending the containerized collection service charge; amending the
charges for minimum billing/base rate service upon condition and
application; amending the charge for manufactured appliances that contain
pcb's or cfc's with no certified removal documemation of pcb's or cfc's
(Schedule SWR); amending the residemial curbside recycling and
processing service charge (Schedule SWRR); amending the momhly rates
for commercial & institutional solid waste collection services; increasing
service charges for commercial from-load and side-load comainers;
amending the charges for container extra service; adding an additional cart
rate for two carts; adding a nominal charge to provide semi-automated
commercial cart service where fully automated collection service cannot
be provided; amending the charges for temporary front load comainer
service; amending the charge for roll-off open top service; amending the
hourly rate for combined truck and manpower usage; providing for
increased charges for disposal weight of refuse equal to or greater than
700 pounds per cubic yard - overweight loads; providing for increased
charges for disposal weights of refuse equal to or greater than 1,000
pounds per cubic yard, plus an additional overweight penalty of $300.00
per container load; amending the roll-off compactor container service
charges; amending the six cubic yard compactor charges; adding multi-
family bulky item collection service and charges; amending the shared
commercial comainer charges; adding a charge to provide shared
container service; amending the container delivery fee; amending the
relocation charge for each roll-off container; amending the notification
time (11:00 a.m.) for on-demand customer service; amending the
inaccessible comainer charge for comainers that presem accessibility
problems and/or additional services and/or time; adding a difficult
comainer access fee charge for roll-off comainers and for all other
containers; amending the on-site waiting time charged to customers whose
containers are inaccessible; amending the installation or removal of locks
on comainer charges; amending the quamity of commercial bulky items
collected on first Thursday collection; amending the service fee for
demand response bulky item collection service; amending the
requiremems for free delivery of bulky items to the landfill; amending the
charges for service regarding overflowing and excess waste collections
plus an applicable charge for waste outside of the comainer which is
collected, comainerized, and serviced by solid waste personnel (Schedule
SWC); adding the commercial recycling services schedule with
application, qualification, monthly rate, minimum billing, acceptable
City of Demon City Council Agenda
October 21, 2003
Page 7
recycling materials, non-acceptable materials, right of load refusal, and
other charges (Schedule SWCR); adding the solid waste collection and
transportation services permit schedule, with application, granting of
permit, exclusions, fees, term and renewal, and revocation or non-renewal
of permits (Schedule SWP); amending the municipal solid waste disposal
rates; providing for retail disposal rates; adding wholesale disposal rates;
adding a landfill charge based upon the gross volume capacity of the
vehicle, container or trailer if the scales are inoperative or accurate
weights cannot be determined; amending the minimum landfill charge;
amending the landscape yard waste charge; amending the landfill bulky
items charge; amending the inert materials charge; amending the
unsecured loads charge (Schedule SWF); providing for additional reasons
for the director of solid waste of the City of Denton to deny the use of the
landfill to certain customers committing certain acts or violations;
providing for a repealer; providing for a severability clause; and providing
an effective date.
mo
New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
Fo
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Go
Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Ho
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 ,2003 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 HEAR1NG IMPAIRED IF REQUESTED AT LEAST 48 HOURS iN ADVANCE OF
THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A
SIGN LANGUAGE iNTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM:
October 21, 2003
City Manager's Office
Michael Conduff, City Manager
SUBJECT
Receive a report and hold a discussion regarding the CLIDE Awards Program.
BACKGROUND
North Central Texas is expected to add around 3.5 million new residents by the year
2030, growing to over 9 million people. That is the equivalent of adding three new cities
the size of Dallas to the area. While this growth is welcomed for the new economic and
cultural opportunities it brings, we must consider and plan for the challenges that will
also come. Where will these new residents live and work? How will we meet their
housing and transportation needs? What effect will this growth have on air quality, water
quality, and water supply? How will this growth influence the quality of life for
residents? Will the region be able to develop a sense of identity and maintain its
attractiveness and competitiveness in the global market? The Celebrating Leadership in
Development Excellence (CLIDE) Awards Program was created to honor those
individuals and entities that have already begun to answer these questions through
innovative projects and practices that will help ensure the region's prosperity into the
future.
The Center of Development Excellence is a comprehensive effort to bring together
public- and private-sector experts in the environmental, transportation, development, and
information analysis fields to address the regional issues and infrastructure concerns of
the future. The mission of the Center of Development Excellence is to promote quality
growth in North Central Texas that enhances the built environment, reduces vehicle miles
of travel, uses water & energy resources effectively and efficiently, and helps advance
environmental stewardship in order to ensure continued economic vitality and provide the
highest attainable quality of life for all residents.
To guide the mission of the Center, the 10 Principles of Development Excellence have
been adopted as a guide to cities, counties, school districts, other public agencies, and the
private sector as they plan and create future development and redevelopment in the
region. It is a goal of the Center to promote and celebrate regional excellence. Efforts of
North Texas entities that incorporate the mission and principles should be recognized.
Through this celebration, award recipients will be recognized and exhibited to others in
the region as outstanding examples of practices to incorporate in development activities.
(Text from www.developmentexcellence.com/awards)
Attached is a description of the 10 Principles of Development Excellence. John Promise,
with the North Central Texas Council of Governments, will provide an in depth
presentation on the Principles and the Center for Development Excellence.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
None
FISCAL INFORMATION
None
Betty Williams
Director of Management and Public Information
Prepared By:
Robert Hanna, Assistant to City Council
Attachments:
CLIDE Brochure
for the future of North Central Texas
www.developmentexcellence.com
he number of people living in North Central Texas has grown by more than 30 percent in the last
10 years and experts predict that this trend will continue. This means that today's population of about
5.7 million people in the Dallas/Fort Worth region is expected to grow to more than 9 million by 2030.
This is an exciting time as growth brings new economic and cultural opportunities, but it is also a time
in which we must plan for new and unique challenges. To prepare for the road ahead, the North Central Texas
Council of Governments' Strategic Plan for 1999-2003 called for the creation of the Center of Development
Excellence. The Center is envisioned as a comprehensive effort to bring together public- and private-sector
experts in the environmental, transportation, development, and information analysis fields to address the regional
issues and infrastructure concerns of the future.
In December 2001, NCTCOG's Executive Board appointed local government and private sector stakeholders to
the Development Excellence Steering Committee--a committee charged with advising NCTCOG regarding
development issues. As its first assignment, the committee drafted a mission statement and "10 Principles of
Development Excellence" to guide the initiative. The "10 Principles" have been designed to address the many
issues that will impact the region as its population grows including, but not limited to, transportation, air quality,
water supply, and the environment.
ISSUE: transportation
· Funding shortfall of $3.14 billion for
transportation system improvements in
the region's long-range plan
· Congestion will cost the region $12.4
billion in travel delays in 2030
· From 1995 to 1999, vehicle miles traveled
increased 18.4 percent, while signal and
congestion delay time increased 37 percent
· Growth in vehicle miles traveled and
congestion threatens air quality conformity
ISSUE: water supply
· By 2050, based on population growth and water
use, the Dallas/Fort Worth area will require 2.2
billion gallons per day (gpd)
· Currently available resources can provide 1.6 billion
gpd, representing a 32 percent shortfall
· Satisfying demand will require:
· Development of a major lake in East Texas
and/or purchase of developed water from
Oklahoma or other Texas sources
· Increased reuse of treated wastewater
· Local programs to use water more effectively
and efficiently
ISSUE: air quality
· Urbanized area of the region violates the federal
health standard for ground level ozone
· Vehicles are a major source of nitrogen oxide
emissions
· Transportation funding is dependent on air quality
conformity
· Energy efficiency measures are needed to reduce
point source emissions from power plants
ISSUE: environment
· Each of our major rivers has sections
that do not meet water quality standards
· Storm water runoff from developed
areas may cause flooding, stream
bank erosion, and pollution of streams
and lakes
· By 2003, approximately 70 local
governments will be required under
state permits to address pollution in
runoff from new and redevelopment
projects
· Lack of natural areas with functioning
ecological systems in developed areas
Development Options
Provide a variety and balance of development options and land
use types in communities throughout the region
1Efficient Growth
Foster redevelopment and infill of areas with existing
infrastructure and promote the orderly and efficient provision of
new infrastructure
~¥hat areas might be sldtable ['oJ' mixed-rise
zoning?
Pedestrian Design
Create more neighborhoods with pedestrian-oriented features, streetscapes, and public spaces
OHousing Choice
Sustain and facilitate a range of housing opportunities
and choices for residents of multiple age groups and
economic levels
OActivity Centers
Create mixed use and transit-oriented developments that
serve as centers of neighborhood and community activity
Environmental Stewardship
Protect sensitive environmental areas, preserve
natural stream corridors, and create developments
that minimize impact on natural features
Quality Places
Strengthen community identity through use of
compatible, quality architectural and landscape
designs and preservation of significant historic
structures
Transportation Efficiency
Develop land uses, building sites, and transportation
infrastructure that enhance the efficient movement
of people, goods, and services
Resource Efficiency
Provide functional, adaptable, and
sustainable building and site designs
that use water, energy, and material
resources effectively and efficiently
Implementation
Adopt comprehensive plans and ordinances that support
Development Excellence and involve citizens and
stakeholders in all aspects of the planning process
999 -
Library of Technical Tools
The Center of Development Excellence has assembled ordinances, codes, design guidelines, incentives, and
other innovative local government practices from the North Central Texas region that might serve as practical
examples of tools to advance its mission. Each tool is accompanied by a statement from the submitting
jurisdiction highlighting the relevance of the ordinance or policy as a Development Excellence technical tool.
We encourage readers to review the materials and submit comments on the practicality and effectiveness of
posted materials at http://www.developmentexcellence.com.
CLIDE Awards "Celebrating Leadership in Development Excellence"
Nine projects in North Central Texas are being honored with Leadership Awards in the first-ever Celebrating
Leadership in Development Excellence (CLIDE) Awards Program. Close to 50 applications were received, and
a prestigious national jury of experts in planning, development, architecture, and landscape architecture
evaluated them in relationship to the "10 Principles of Development Excellence." The jury will next pick "best-of-
category" Landmark Award winners to be announced in June at NCTCOG's General Assembly meeting.
Education Program
An extensive outreach program is underway to promote the concepts of sustainable development and the "10
Principles of Development Excellence." Targeted groups include city councils, planning commissions, local
government staff, school districts, the development community, and the general public. During 2003-2004, the
CLIDE Awards winners will be featured in a year-long Celebration of Development Excellence.
Fernando Costa (Steering Committee Chair), Planning Director, City of Fort Worth; Euline Brock, Mayor, City of Denton; Paul Cauduro; Director of
Government Relations, Home Builders Association of Greater Dallas; Peter Coughlin, Development Coordinator, Southside on Lamar; Wendy Davis, Council
Member, City of Fort Worth; Jim DesRoches, Councilmember, City of Decatur; Wayne Gent, County Judge, Kaufman County; Bob Herchert, Chairman of
the Board, Freese & Nichols, Inc.; Gary Martin, Hellmuth, Obata & Kassabaum, LP; Larry May, Perot Systems; Fran McCarthy, Daedalus Development
Corp.; Neil Montgomery, Managing Director of Development Services, City of Garland; James M. Oliver, General Manager, Tarrant Regional Water District;
Lucilo Pe~a, President, Billingsley Development Company; Alan Plummer, President, Alan Plummer Associates, Inc.; Phillip Poole, Partner, Poole 2 Design
and Development; Dan Quinto, Executive Manager, Hometown North Richland Hills; Terry Ryan, Texas Bank; Robert Shaw, Amicus Partners; Gary
Sheffield, Sheffield Development Co., Inc.; David Southern, Mayor, City of Granbury; Joe Tolbert, Councilman, City of North Richland Hills; Karen Walz,
Executive Director, The Dallas Plan; Don Waters, Commercial Loan Officer, Summit Community Bank; Nell Welborn, Council Member, City of Rockwall; Ron
Whitehead, City Manager, Town of Addison
For more information contact John Promise, NCTCOG Director of Environmental Resources, at (817) 695-9211 or jpromise@nctcog.org.
What is the NCTCOG? The North Central Texas Council of Governments (NCTCOG) is a voluntary association of local
governments established in 1966. By state statute, the purpose of a council of governments is "to make studies and plans
to guide the unified, far-reaching development of a region, eliminate duplication, and promote economy and efficiency in the
coordinated development of a region." NCTCOG works to strengthen both the individual and collective power of local
governments and to help them recognize regional opportunities and make joint decisions.
616 Six Flags Drive, Suite 200 Centerpoint Two, P.O. Box 5888, Arlington, TX 76005-5888
PHONE: (817) 640-3300 FAX: (817) 640-4428 WEB SITE: www.dfwinfo.com
Endorsed by the Development Excellence Steering Committee on June 20, 2002, and approved by the
NCTCOG Executive Board on June 27, 2002. [Summary of Outreach Activities updated May 2003.]
AGENDA INFORMATION SHEET
AGENDA DATE: October 21, 2003
DEPARTMENT: Fiscal and Municipal Services
ACM: Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Receive a report, hold a discussion and give staff direction regarding exempting qualified
charitable organizations from ad valorem taxation as defined and authorized by State law
and declaring an effective date.
BACKGROUND
The City has received a request for exempt status from ad valorem (property) taxes from
the Masonic Lodge. The exempt status is allowed by the 2001 amendment in the Texas
Tax Code adding Sec. 11.184, "Organizations Engaged Primarily In Performing
Charitable Functions".
The statute has been amended a few times in the past and specifically affected the
Masonic Lodge. They were exempt under the original 501(C)(3) section umil it was
changed with a requirement that all organization assets must be pledged to a non-profit
501(C)(3) organization. This requiremem disqualified the Masonic Lodge as their assets
are pledged to the Grand Lodge, a "for profit" parent organization. Other organizations,
like Elk's Lodge and Knights of Columbus, have been and cominue to be fully exempt
from property taxes as allowed under qualified 501 (C)(3) "Charitable Organizations".
In 2001, the law was amended to add Section 11.184 "Organizations Engaged Primarily
in Performing Charitable Functions". Under this section, an ordinance must be adopted
by the taxing jurisdiction to exempt all qualified organizations (as a whole, not by
specific organizations or properties) from property taxes. The organization is required to
apply for a "determination letter" from the State Comptroller's Office to be deemed
eligible for tax relief. The exemption expires at the end of the fifth tax year following the
year in which it is grained by the taxing jurisdiction. The process would then be repeated
in order for the exemption to continue.
Taxing units in Denton County that have approved the requested exemption include:
DeNon County, City ofKrum, Krum I. S. D., City of Sanger, Sanger I. S. D., City of The
Colony and City of Lewisville. Lewisville I. S. D. has denied the request, and, DeNon
I.S.D. does not plan to consider this exemption request for approval. No other taxing
units in Denton County have received a request from the Masonic Lodge.
PRIOR ACTION/REVIEW
None
FISCAL INFORMATION
Approval of the requested exemption would reduce current property tax revenues by
approximately $2,364 for 2003. This reduction includes the two organizations currently
eligible for exemption, specifically, Masonic Lodge and IOOF. The total projected
financial impact for the City cannot be determined until organizations are determined
eligible by the State Comptroller's Office.
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
AGENDA INFORMATION SHEET
AGENDA DATE: October 21, 2003
DEPARTMENT:
CM/DCM/ACM:
Water Utilities
Howard Martin, ACM/Utilities 349-8232
SUBJECT
Receive a report, hold a discussion and give staff direction concerning the appeal of William
Kim Fugitt, AIA (The Timbers at DeNon, LLC.) brought pursuam to §26-226 of City of DeNon
Ordinance No. 2003-137, involving the imposition of impact fees.
BACKGROUND
In early 2002, Lindsey Managemem Company began investigating the demographics of the
Denton area and locating potential building sites for an apartment project. The Timbers at
DeNon L.L.C. (the "Developer") executed an offer and acceptance letter comract for a property
located on Edwards Road on July 25, 2002. In December of 2002 the developer imroduced the
site plan proposal to the DeNon Planning and Zoning Commission, which was revised and
resubmitted on January 8, 2003. City Council approved the project on February 18, 2003. The
project consists of a 480-unit apartmem complex with 800 bedrooms and a 9-hole golf course.
The final plat was submitted on April 29, 2003.
During that same period of time the City of DeNon was in the process of updating the Capital
Improvemems Plan (CIP) and revising impact fees. State law, Chapter 395 of the Texas Local
Governmem Code, requires the City of DeNon to update the Capital Improvemems Plan (CIP)
and revise impact fees according to the updated CIP every five years. The Public Utilities Board
(PUB) approved the CIP February 3, 2003. Numerous newspaper public notices were posted in
the Denton Record Chronicle in the months proceeding the consideration and enactment of the
ordinance, including a Notice of Public Hearing on land use assumptions and CIP relating to the
possible amendmem of impact fees (Exhibit 2) on February 22, 2003 for the March 25, 2003
public hearing. The PUB approved the revised impact fee ordinance on April 21, 2003. The
City Council (CC) approved the revised ordinance on May 13, 2003 with an effective date of
May 29, 2003 (Exhibit 3).
At the request of the Developer, staff provided The Timbers at Denton impact fee assessment in
a September 11, 2003 letter to the Developer (Exhibit 3). The letter clearly illustrated how
impact fees and meter fees for the project were determined in accordance with the current City
impact fee ordinance. The City Secretary received a request for an appeal (Exhibit 4) of the
water/wastewater impact fees from the Developer on September 30, 2003. As best that can be
determined from the Developer's appeal, the impact fee appeal is based on:
1) a relied-upon e-mail sent by Denton's former Director of Planning, Mr. Doug Powell
2) the impact fees change/increase was not communicated to the Developer, and
3) staff did not process the submittal of the final plat in a timely manner.
None of these appeals is applicable according to §26-226(a), which lists the five decisions that
may be appealed. According to the legal opinion (Exhibit 5) of the City's Utilities Attorney
appealing which Ordinance rate applies, prior or current, is not the same as questioning the
"applicability of an impact fee to the new development", which is cited in §26-226(a) as being a
permitted appeal.
APPEAL 1
The Developer alleges that an e-mail sent by Denton's former director of Planning Doug Powell
on November 4, 2002 directed the Developer to a table located in the City's website containing
the impact fee schedule and that based on that information the project proceeding in planning
and budgeting and financing was secured. Nowhere in the e-mail (page 3 of the appeal) does
Mr. Powell answer the Developer's first question regarding impact fees. At that time, the fee
schedule that the Developer retrieved off of the City's website was current. Staff is not aware of
any other inquiries about impact fees for that project until the April 10, 2003 inquiry made by the
project's civil engineer. Staff is not responsible, nor is it possible for staff to make sure that
every developer of every project proposed to the City has all the necessary information to
complete the project from start to finish. It is the duty of the Developer to manage the project
and inquire with appropriate City staff about various fees and processes.
APPEAL 2
In the impact fee Letter of Appeal, the Developer contends that he was not made aware of the fee
increase until August 1, 2003 and is requesting that the impact fee be calculated according to the
old fee structure "due to a lack of communication of the City staff with the developer." On April
10, 2003, Mr. Tim Fisher, Assistant Director of Water, fielded a call regarding impact fees for
The Timbers at Denton from the project's civil engineer, Mr. Bob Breedlove of the Brannon
Corporation. In a telephone conversation on, or soon after April 10, Mr. Breedlove was
informed of the impending fee increase and was advised to plan on an impact fee based on 0.28
SFE per bedroom under the new fee structure. A meeting to discuss this initial impact fee
assessment occurred on July 28, 2003, not August 1, 2003. The Developer was asked to provide
information for this meeting such as the proposed metering design, gross and irrigated acreage,
and proposed method to irrigate the golf course and residential portion of the project. The
information requested was not provided and to date, the proposed metering design has not been
presented to staff. Due to the lack of information provided by the Developer at the meeting the
impact fee was not revised from the original estimates communicated to the civil engineer via a
telephone conversation in April. The Developer requested information about the Appeals
process during the meeting.
As stated in the legal opinion, "The City is under no legal duty to keep anyone advised of the
status of its laws and ordinances." The information regarding impact fees provided to the
Developer by City staff on November 4, 2002 was current at that time. The Developer did not
request, to the knowledge of staff, any other information regarding impact fees umil the April 10,
2003 inquiry by the project's civil engineer. At that time, the civil engineer was informed about
the impending fee changes and estimated time frames. The exact date for an effective date could
not have been provided due to the fact that the PUB and CC had not yet approved the revised
ordinance. The Developer comends, "neither the civil engineer nor Developer was informed of
the pending or proposed changes in the fee structure" implying that the City had a duty to update
certain members of the Development community. This statement is inaccurate and moreover,
the City has no legal duty or responsibility to provide such information if not requested.
APPEAL 3
The Developer is also requesting that the impact fee be calculated under the old impact fee
schedule due to "City staff's inability to review and approve the information provided 30 days
prior to the unadvertised fee increase." The final plat for The Timbers of Denton was submitted
on April 29, 2003. Even though the submission of the final plat was incomplete due to the fact
that it did not include the Traffic Impact Analysis (TIA), City staff accepted the submittal on
April 30, 2003. According to the Developmem Review Schedule (Exhibit 7), commems from
City staff were due, and provided on May 22, 2003. The City received the revised submittal
from the Developer on June 4, 2003. The Developer did not pay the applicable review fee umil
June 11, 2003, a submittal is considered incomplete umil that fee is paid. Commems from City
staff on the revised submittal were provided back to the Developer on June 12, 2003, which was
within the standard time frame of 10 working days to review a revised submittal. City staff
received the second revision to the final plat submittal on June 19, 2003.
On Staff recommendation, the Planning and Zoning Commission (P&Z) approved the final plat
on June 25, 2003. Staff's recommendation was given at that time in spite of the fact that
construction plans were not acceptable. This exception was granted because the applicant
claimed funding for the project was at risk. Subsequem to the P&Z approval, revisions were
submitted and written commems provided two additional times prior to approval by City staff.
Even if the original submittal would have been complete and only needed one resubmittal, the
Developer would not have had the plat approved by P&Z by the effective date of the increased
impact fees (May 29, 2003) due to the Developmem Review Schedule and necessary lead-time
for the P&Z Agenda.
Bear in mind the P&Z approval date is not used as the poim in time when impact fees are
assessed, the determination of an impact fee is based on the date that the final plat is recorded,
which occurs after P&Z approval when the developer prepares and submits a three-way
developmem comract and pays applicable developmem fees (park dedication fees and
construction inspection fees). In the case of The Timbers of DeNon plat submittal, City staff
was not remiss in processing the submittal, nor is a 30-day time frame for processing plat
submittals and recording final plat feasible under the schedule of the Developmem Review
process and P&Z agenda time frames. City staff not only processed the submittal in a timely
manner, but also made exceptions to expedite their submittal. As of October 10, 2003, the
execution package has not been completed and the final plat has not been filed due to submittal
deficiencies by the Developer.
The new impact fee ordinance, effective May 29, 2003, clearly states (§26-220)(a)(2), "For a
new developmem which is submitted for approval pursuam to the City's subdivision regulations
on or after the effective date of this Article... assessment of impact fees shall be at the time of
final plat recordation, and shall be the amount of the maximum impact fee per service unit in
effect as set forth in Schedule 1." The impact fees in Schedule 1 on or after May 29, 2003 are
$3,155 for water and $1,437 for wastewater. The final plat for The Timbers at DeNon
developmem as of October 10, 2003, has not been recorded, nor has the plat been satisfactorily
submitted to the City for recording. Therefore, the new fee structure clearly applies.
In conclusion, the appeal of impact fees for The Timbers at Denton apartment project is not
applicable according to §26-226(a). Neither the appeal based on the City not informing the
Developer of the impending impact fee change, nor the appeal based on the claim that City staff
did not processes the final plat submittal in a timely manner qualify as one of the five decisions
for which impact fees can be appealed. Furthermore, the City is under no legal duty to keep the
Developer advised of the status of its laws and ordinances. Staff did respond to a request for
information regarding impact fees on or soon after April 10, 2003 disclosing the impending fee
increase. Additionally, City staff did process the final plat submittal in a timely manner in line
with the Developmem Review Schedule and has even advanced this project despite the
incompleteness of the submittal. As of October 10, 2003, the final plat has not been filed. The
date of filing determines which fee schedule is applicable, the old or new impact fees. Any plat
filed on or after May 29, 2003 will be assessed impact fees based on the new fee schedule.
OPTIONS
1. Deny the impact fee appeal
2. Grant the impact fee appeal
RECOMMENDATION
Staff is recommending to the PUB that a recommendation is made to the City Council to deny
the appeal on the grounds that 1) Staff does not have a legal obligation to keep the Developer
advised of the status of the City's laws and ordinances, 2) the Developer's final plat submittal
was processed in a timely manner according to the Developmem Review Schedule and as of
October 10, 2003, has not been recorded, and 3) the appeal is not applicable under the decisions
to appeal outlined in City Ordinance 2003-137 §26-226(a).
Staff has implememed impact fees in an equitable manner according the City's impact fee
ordinances since the inception of impact fees in 1998. The Timbers at Denton apartment project
is not the only development project that has been subject to impact fee implementation dates
including both those that occurred in 1998 and those that occurred in 2003. Granting this appeal
could potentially lead to numerous contentions of past fees and is not equitable to all other
entities in the development community who have paid impact fees according to the dates
outlined in the City's impact fee ordinances 1998-003 and 2003-137.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The PUB will review the impact fee appeal October 20, 2003. Please review the PUB meeting
minutes (Exhibit 8) for a recommendation regarding the appeal, which will be provided prior to
the October 21, 2003 City Council meeting.
EXHIBITS
1. Ordinance
2. Notice of Public Hearing
3. City Ordinance 2003-137
4. Impact Fee Assessment Letter
5. Request for Appeal
6. City Attorney Legal Opinion
7. Development Review Schedule
8. PUB Minutes - October 20, 2003
Respectfully submitted:
Howard Martin
Assistant City Manager for Utilities
Prepared by:
Tim Fisher
Assistant Director of Water Utilities
ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
DETERMINING THE APPEAL OF WILLIAM KlM FUGITT, AIA (THE TIMBERS AT
DENTON, LLC.) BROUGHT PURSUANT TO §26-226 OF CITY OF DENTON
ORDINANCE NO. 2003-137, INVOLVING THE IMPOSITION OF IMPACT FEES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of DeNon, Texas has hereby convened in
its open meeting, as an item for individual consideration, after posting notice of the time
and place of the meeting as required by applicable law; that certain appeal of William Kim
Fugitt, AIA (The Timbers At DeNon, LLC.), hereafter referred to as the Developer;
brought pursuam to §26-226 of City of DeNon Ordinance No. 2003-137, respecting the
imposition of impact fees; and
WHEREAS, the City Council finds that Developer has satisfied the time
requiremem §26-226(c) regarding the timely filing of its appeal, and that Developer has
submitted materials in support of its appeal; and
WHEREAS, under the provisions of §26-226, Developer presemed its case and
filed materials for the City Council's consideration, and made argumems; the City, through
its staff, presemed its case to the City Council and made argumems; and the City Council,
having been instructed as to the burden of proof required for a successful appeal by the
Assistam City Attorney/Utilities; the City Council issued its ruling on the appeal. NOW
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the appeal of William Kim Fugitt, AIA (The Timbers At
DeNon, LLC.), brought pursuam to §26-226 of City of DeNon Ordinance No. 2003-137,
having been considered by the City Council, as an individual item in its open meeting, and
as duly noticed in accordance with applicable law, is not well taken and is hereby
accordingly DENIED.
SECTION 2: That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
__day of ,2003.
EULINE BROCK, MAYOR
Exhibit 1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
S:\Our Documents\Ordinances\03kAppeal of Impact Fees - Fugitt 2003.doc
NOTICE OF PUBLIC HEARING ON LAND..
-USE ASSUMPTIONS AND CAPITAL
IMPROVEMENTS PLAN RELATING TO
POSSIBLE AMENDMENT OF IMPACT FEES
The City of Denton will hold a public hearing to consider the land use
assumptions and capital improvements plan under which an impact
fee may be revised.
PUblic Hearing Information
March 25, 2003
Dudng the regular City CounciI meeting which begins at 6:30 PM
Council Chambers, 215 East McKinney, Denton, Texas, 76201
Any member of the public has a right to appear at the hearing and
present evidence for or against the land use assumptions and capital
improvements plan.
The proPosed plans are available for viewing at the City Manager's
Office, City Hall, 215 East McKinney, Denton, Texas, 76201. For further
information, contact Water Utilities Admi'nistration at (940) 349-8452.
Produced by PlO 3/03
TDD (800) 735-2989
ADA/EOE/ADEA
www. cflyofdenton.com
Exhibit. 2
AN ORDENANCE OF THE CITY OF DENTON, TEXAS UPDATING IMt'ACT FEES BY
AMENDING CHAPTER 26, "UTILIT]]~S," SECTION 26-210 THROUGH 26-232 OF THE
CITY OF DENTON CODE OF ORDINANCES; ADOPTING REVISED LAND USE
ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLANS FOR WATER AND
WASTEWATER IMPACT FEES; ESTABLISHING NEW SERVICE AREAS FOR
WASTEWATER IMPACT FEES; ESTABLISHING NEW ~ IMPACT FEES PER
SERVICE UNIT A_ND I!ViPACT FEES TO BE COLLECTED; CREATING SCHEDULES FOR
THE ASSESSMENT AND COLLECTION OF IMPACT FEES; REVISING PROCEDURES
FOR ADMINISTERING IMPACT FEES; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVDING FOR A
PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION THEREOF; AND
PROVDING AN EFFECTIVE DATE.
WHEREAS, Texas Local Government Code, Chapter 395 authorizes a city to adopt and
to amend impact fees for the purpose of financing capital improvements required by new
development; and
WHEREAS, the City Council of the City of Denton, Texas initially enacted water and
wastewater impact fees in accordance with Ordinance No. 98-301, dated on the 15th day of
September, 1998; and it is now appropriate and lawfully required that the City once again
address the issues of Land Use Assumptions and a Capital Improvements Plan, as well as the
subject of Amended Water and Wastewater Impact Fees;
WHEREAS, the City Council in accordance with law desires to update its impact fee
program by amending land use assumptions, service areas, capital improvements plans and
impact fees for water and wastewater facilities; and
WI-IBREAS, the City Council of the City of Denton, Texas has duly appointed an Impact
Fee Advisory Committee by ordinance; has received written' comments from such Committee;
and has adopted Land Use Assumptions and a Capital Improvements Plan for amended water
and wastewater impact fees all in accordance with the requirements of Texas Local Government
Code, Chapter 395; and
WHEREAS, the City Council of the City of Denton, Texas has also received the
recommendation of the Denton Public Utilities Board, an advisory committee; and
WHEREAS, the City of Denton, Texas, having complied with all applicable substantive
and procedural requirements of Texas Local Government Code, Chapter 395, finds it necessary
and appropriate to establish amended water and amended wastewater impact fees to pay the costs
of certain capital improvements for new development; NOW TI-t[EREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
t Exhibit 3
SECTION t. That the facts~ circumstances, and recitations contained in the preambles to
this Ordinance are hereby found and declared to be true and correct.
SECTION 2. That the Land Use Assumptions for Water and Wastewater Impact Fees
hereby are amended as set forth in Exhibit A, which is attached hereto and incorporated by
reference herein as if fully set forth.
SECTION 3. That the Capital Improvements Plan for Water and Wastewater Impact
Fees hereby are amended as set forth in Exhibit B, which is attached hereto and incorporated by
reference herein as if fully set forth.
SECTION 4. That Chapter 26 of the Code of Ordinances of the City of Denton, Texas,
entitled "Utilities," is hereby amended, which shall read as follows:
CHAPTER 26: UTILITIES
ARTICLE Vi. IMPACT FEES
See. 26-210. Short Title.
This Article shall be known and cited as the "Denton Impact Fee Ordinance."
See. 26-211. Statement of Purpose.
This Article is intended to assure the provision of adequate public facilities to serve new
development in the City by requiring each development to pay its proportional share of the costs
of such improvements necessitated by and attributable to such new development as related to
water and wastewater capital improvements.
Sec. 26-212. Authority.
This Article is adopted pursuant to Chapter 395 of the Texas Local Government Code and
pursuant to the Denton Charter. The provisions of this Article shall not be construed to limit the
powers of the City to util/ze other methods authorized under state law, or pursuant to other City
powers to accomplish the purposes set forth herein, either in substitution or in conjunction with
this Article. The effective date of this Article is September 15, 1998.
Sec. 26-213. Definitions.
The following words, terms and phrases, as used in this Article, shall have the meanings
respectively ascribed to them in this Section, unless the context clearly indicates otherwise:
(I) Area-related facility means a capital improvement or facility expansion which is
designated in the Impact Fee' Capital Improvements Plan and which is not a site-related facility.
Area-related facility may include a capital improvement, which is located offsite, within, or on
the perimeter of the development site.
(2) Assessment means the determination of the mount of the maximum impact fee per
service unit that can be imposed on new development pursuant to this Article.
(3) Capital improvement means any water supply; or treatment facilities; or wastewater
treatment facilities that have a life expectancy of three (3) or more years, and are owned and
operated by or on behalf of the City.
(4) Director means the Director of Water Utilities for the City of Denton, or his or her
designee.
(5) Facility expansion means the expansion of the capacity of any existing facility for the
purpose of serving new development. The term does not include the repair, maintenance,
modernization or exp~n.~ion of an existing facility to serve existing development.
(6) Impact fee capital improvements plan means the adopted plan for a service area, as may
be mended from time to time, which identifies the water facilities or wastewater facilities and
the/r ~sociated costs which are necessitated by and which are attributable to new development,
for a period not to exceed ten (10) years, and which are to be financed in whole or in part
through the imposition of water or wastewater impact fees pursuant to this Chapter 26, Article
VI.
(7) Infilt development means a single-family residence of tess than 1,300 square feet on a lot
of less than 6,000 square feet.
(8) Land use assumptions means the projections of population and employment growth and
associated changes in land uses, densities and intensifies for a service area adopted by the City,
as may be amended from time to time, upon which the impact fee capital improvements plan for
the service area is based.
(9) New development means a project involving the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or
any use or extension of land, which has the effect of increas/ng the requirements for capital
improvements or facility expansions, measured by the service units to be generated by such
activity, and which requires either the approval and filing of a plat, or a re-plat pursuant to the
City's subdivision regulations, or the issuance of a building permit.
(I0) Service area meatus a geographic area within the City or within the City's extraterritorial
jurisdiction, within which impact fees for water or wastewater facilities may be collected for new
development occurring with/n such area and within which fees so collected will be expended for
those types of improvements identified in the type of capital improvements plan applicable to the
service area.
(JO Service unit means a standardized measure of consumption, use, generation or discharge
attributable to an individual unit of development calculated in accordance with generally
accepted engineering or planning standards, for a particular category of capital improvements or
facility expansions. For water and wastewater facilities, the service un/t shall constitute the basis
for establishing equivalency within various customer classes based upon the relationstfip of the
continuous duty maximum flow rate in gallons per minute for a water meter of a given size and
type compared to the continuous duty maximum flow rate in gallons per minute for a 3/4-inch
diameter simple water meter.
(J2) Single-family equivalency ("SFE") means an equ/vatency factor, based on the demand
associated with the smallest water meter used in the City of Denton, Texas utility system. SFE's
are utilized to establish the number of service units to be allocated to various meter sizes used in
the City of Denton, Texas utility system.
(13) Site-related facility means an improvement or facility which is for the primary use or
benefit of a new development and/or which is the for the primary purpose of safe and adequate
provision of water and wastewater facilities to serve the new development and which is not
included in the impact fee capital improvements plan and for which the developer or property
owner is solely responsible under subdivision and other applicable regulations.
Sec. 26-214. Impact fee as condition o'f development approval.
No new development shall be connected to the City's water or wastewater system within the
service area without the assessment of an impact fee pursuant to this Article, and no building
permit shall be issued until the applicant has paid the impact fee imposed herein.
Sec. 26-215. Land use assumptions.
(a)
Said land use assumptions for the City shall be updated at least every five (5) years
utilizing the amendment procedure set forth in Texas Local Government Code, Chapter
395.
Co)
Amendment to the land use assumptions shall incorporate projections of changes in land
uses, densities, intensifies and population for the service area over at least a ten (I0) year
period.
Sec. 26-216. Water impact fee service area.
There is hereby established an amended water impact fee service area, to include all land within
the City and its extraterritorial jurisdiction, as depicted in Exhibit C, which is attached hereto and
/ncorporated by reference herein as if fully set forth.
Sec. 26-217. Wastewater impact fee service areas.
There are hereby established two (2) wastewater impact fee service areas, the boundaries of
which are respectively described in Exhibits D and E, which are attached hereto and incorporated
by reference herein as if fully set forth.
Sec. 26-218. Determination of service units.
The number of service units for both water or wastewater impact fees shall be determined by
using the land equivalency table, which converts the demands for water or wastewater
improvements generated by typical land uses to water meter size, and which is attached hereto as
Exhibit F and incorporated by reference herein as if fully set forth.
Sec. 26-219. Impact fees per service unit.
(a)
Maximum impact fees per service unit for each service area shall be established by
category of capital improvements. The maximum impact fee per service unit for each
service area for each category of capital improvement shall be computed in the following
manner:
(1)
For each category of capital improvements, calculate the total projected costs of
capital improvements necessitated by and attributable to new development in the
service area identified in the impact fee capital improvements plan;
(2)
From such mount, subtract a credit in the amount of that portion of utility service
revenues, if any, including the payment of debt, to be generated by new service
units during the period the capital improvements plan is in effect, including the
payment of debt, associated with the capital improvements in the plan;
(3)
Divide the resultant amount by the total number of service units anticipated within
the service area, based upon the land use assumptions for that service area.
(b) The maximum impact fee per service un/t for water or wastewater facilities by service
area shall be as set forth/n Schedule 1, which is attached hereto and incorporated herein by
reference as if fully set forth. Schedule 1 shall be used to assess impact fees. Schedule 1 may be
amended from time to time utilizing the amendment procedure set forth in Section 26-228.
(c) The impact fee per service unit which is to be paid by each new development wiIh~n a
service area shall be as set forth in Schedule 2, which is attached hereto and incorporated by
reference as if fully set forth, and shall be an amount less than or equal to the maximum impact
fee per service unit established in Schedule 1. Schedule 2 may be amended fi.om time to time
utilizing the amendment procedure set forth in Section 26-228.
Sec. 26-220. Assessment of impact fees.
(a)
Assessment of impact fees for any new development shall be made as follows:
For land which is unplatted at the time of application for a building permit or
utility connection, or for a new development which received final plat approval
prior to the effective date of this An/cie, and for which no re-platting is necessary
pursuant to the City's subdivision regulations prior to development, assessment of
impact fees shall occur at the time application is made for the building permit or
utility connection, whichever first occurs, and shall be the amount of the
maximum impact fee per service un/t in effect, as set forth in Schedule 1.
(2)
For a new development which is submitted for approval pursuant to the City's
subdivision regulations on or after the effective date of this Article, or for which
re-platting results in an increase in the number of service units after such date,
assessment of impact fees shah be at the time of final plat recordation, and shall
be the mount of the maximum impact fee per service unit in effect as set forth in
Schedule 1.
(b)
Following assessment of impact fees pursuant to subsection (a), the amount of impact fee
assessment per sci'vice unit for that development cannot be increased, unless the owner
proposes to change the approved development by the submission of a.new application for
fmal plat approval or other development application that results in approval of additional
service un/ts, in which case a new assessment shal!, occur at the Schedule 1 rate then in
effect for such additional service units.
(c)
Following the vacating of any plat or approval of any re-plat, a new assessment must be
made in accordance with subsection (a)(2).
An application for an amending plat made pursuant to Texas Local Government Code
§2t2.016 V.T.C.A. and the City of Denton Subdivision Ordinance, and for which no new
development is proposed, is not subject to reassessment for an impact fee.
Sec. 26-221. Computation of impact fees.
(a) Following the filing and acceptance of a written application for building permit, the City
shall compute the impact fee due in the following manner:
(1) .
The number of service units shall be determined by the s/ze of the water meter
purchased using the land equivalency table incorporated as Exhibit F, or by
evaluation of the Director as provided in Section 26-218 or this section;
(2) Service units shall be summed for all meters purchased for the development;
6
Co)
(c)
(d)
(e)
(f)
(g)
(3)
The total number of service units shall be multiplied by the impact fee per service
unit for water or wastewater service facilities using Schedule 1 then in effect as
established in Section 26-219;
(4)
The mount of each impact fee shall be reduced by any allowable offsets or
credits for that category of capital improvements, in the manner provided in
Section 26-223.
The mount of /mpact fee due for new development shall not exceed the mount
computed by multiplying the assessed fee for water or wastewater service by the total
number of service units generated by the development. The amount of impact fee due for
redevelopment shall not exceed the amount computed by multiplying the assessed fee for
water or wastewater service by the net increase in service units generated by the
redevelopment.
The developer may submit or the Director may require the submission of a study,
prepared by a professional engineer, licensed in the State of Texas, clearly indicating the
number of water and/or wastewater service units which will be consumed or generated by
the new development. The Director will review the information for completeness and
conformity with generally accepted engineering practices and wilt, when satisfied with
the completeness and conformity of the study, multiply the number of service units
determined by the study times the impact fee per service unit contained in Section 26~219
above to determine the total impact fee to be collected for the development. The Director
may also use recent historical water billing records for existing customers to determine
water demands'and SFE equivalents in accordance with data from the most recent Capital
Improvements Plan.
Whenever the property owner increases the number of service units for a development,
the additional impact fees collected for such new service units shall be determined based
on Schedule 1 and applicable off_sets, credits, and discounts then in effect and such
additional fee shall be assessed and collected at the time the additional meters are
purchased.
In the event the property owner decreases the number of service units for a development,
the property owner shall be entitled to a refund of the impact fee for impact fees actually
paid, but only for the amounts represented by the decrease in service un/ts based on the
assessed fee and offsets~ credits, or discounts applicable at the time the fee was paid.
If the building permit for the property on which an impact fee is paid has expired and a
new application is thereafter filed for the identical property and the number of service
units, the impact fee previously paid satisfies the requirements of this Article.
The knpact fee shall attach to the property for which the impact fee was paid and shall
not be transferable to other properties or service units.
No building permit shall be issued if the applicant cannot verify payment of the
appropriate impact fee and other applicable fees or if existing facilities do not have actual
capacity to provide service to the new connection(s).
Sec. 26-222. Collection of impact fees.
(a)
Except as otherwise provided in this Section, the impact fee for the new development
shall be collected at the time the City issues a building permit, or if a building permit is
not required, at the time an application is filed for a new connection to the City's water or
wastewater system or for an increase in water meter size.
(b)
Except as otherwise provided by contracts with political subdivisions, developer's
contracts, or wholesale customers, no building permit shall be issued until ail impact fees
have been paid to the City.
(c)
(d)
The City may enter into an agreement for capital improvements with a property owner
pursuant to Section 26-229 that establishes a different time and manner of payment.
The owner of an existing single-famqly homestead housing unit, actually occupying said
homestead, may make payments of any water or wastewater impact fee required by the
Article in monthly installments over a period of not more than five (5) years from the
date payment of the fee is otherwise required by this Article. The owner of said
homestead must execute a promissory note, deed of trust, homestead affidavit, or other
documents to be prepared by the City Attorney sufficient to establish an enforceable lien
on the real property. All such installment payments shall be subject to interest at a rate
equal to a twelve-month average of the 5-year Treasury Note. The interest rate on such
note shall be adjusted annually, according to the most current twelve-month average.
(e)
In the event that a property owner agrees to construct or finance capital improvements in
the capital improvements plan pursuant to Section 26-229, the costs of which are to be
reimbursed to the owner from impact fees paid fi:om other new developments that will
use such facilities, the City may collect impact fees from such other new developments at
the time final plats are recorded for such development.
Schedule 1 sets the assessment rate and establishes maximum impact fees as set forth in
subparagraphs (1) and (2) below:
(1) For a new development for which final plat recordation occurred on or after
September 15, 1998, but before May 29, 2003, the maximum impact fee per service unit
shall be $2,044 for the water service area, and $483 for the Zone 1 wastewater service
area.
(2) For a new development for which fmal plat recordation occurred prior to
September 15, 1998, on or after May 29, 2003, or for any new development which is not
subject to paragraph (1), the maximum impact fee per service unit shall be as follows:
$3,155 for the water-service area; $1,703 for the Zone 1 wastewater service area; and
$2,614 for the Zone 2 wastewater service area.
(g)
Schedule 2 sets the collection rate for impact fees as set forth in subparagraphs (1) and
(2) below:
(1) Except as provided in paragraph (2),' impact fees shall be collected and paid as
follows:
Water Service Area:
$3,155 per service unit
Wastewater Service Area (Zone 1): $1,437 per service unit (from May 29, 2003 until
May 28, 2006)
$1,570 per servme unit (from May 29, 2006 until
May 28, 2008)
$1,703 per sermce unit (from May 29, 2008 until
May 28, 2013)
Wastewater Service Area (Zone 2): $1,437 per sermce unit (from May 29, 2003 until
May 28, 2006)
$1,893 per serrate unit (from May 29, 2006 until
May 28, 2008)
$2,614 per service units (from May 29, 2008 until
May 28, 2013)
Provided, however, Wastewater Service Area Impact Fees for Zone 1, for Single-Family
Residences of less than 1,300 square feet, that are located'on lots of less than 6,000 square feet,
shall instead be charged, and the City shall collect a Wastewater Service Area Impact fee of 50%
of the adopted Wastewater Service Area Impact Fee for Zone 1.
(2) For a new development for which final plat recordation occurred on or after
September 15, 1998, but before May 29, 2003, and for which no new service units
have been added, impact fees shall be collected as follows:
Water Service Area
Wastewater Service Area (Zone 1)
$2,044 per service unit
$483 per service unit
(a)
See. 26-223. Offsets and credits.
The City shall offset the reasonable value of any area-related facihfies, identified in the
impact fee capital improvements plan and constructed pursuant to an agreement with the
City, except as otherwise provided therein, which are dedicated to and received by the
City on or after the effective date of this ordinance, against the amount of the impact fee
due for that category of capital improvement. No offsets or credits shall be provided for
required over-sizing of water and wastewater lines or hft stations not identified in the
capital improvements plan or for pro-rata payments to repay other developers for such
over-sizing pursuant to Chapter 35-Development Code; and Subchapter 21-Water &
Wastewater Standards.
(b)
The City shall credit any new development that occurs subsequent to the effective date of
this Article, any amount of capital recovery fees which have been collected by the City
pursuant to duly adopted ordinances and any impact fees collected by the City pursuant to
this Article.
(c)
All offsets and credits against impact fees shall be subject to the following limitations and
shall be granted based on th/s Article and additional standards promulgated by the City,
which may be adopted as administrative guidelines.
(1)
No offset or credit shall be given for the dedication or construction of site-related
facilities.
(2) No offset or credit shall exceed the impact fee to be collected from new
development as established in Section 26-219.
(3)
The unit costs used to calculate the offsets shall not exceed those assumed for the
capital improvements included in the impact fee capital knprovements plan for
the category of facility within the service area for which the impact fee is
imposed.
If an offset or credit applicable to a plat has not been exhausted with~ ten (10)
years from the date of the acquisition of the first building permit issued or
connection made after the effective date of this Article or within such period as
may be otherwise designated by agreement for capital improvements pursuant to
Section 26-229, such offset or credit shall lapse.
(5)
In no event will the City reimburse the property owner or developer for an offset
or credit when no impact fees for the new development can be collected pursuant
to this Article or for any mount exceeding the total impact fees collected or due
for the development for that category of capital improvement, unless otherwise
agreed to by the City.
(6)
No offset shall exceed an amount equal to the eligible costs of the improvement
multiplied by a fraction, the numerator of which is the impact fee per service unit
due for the new development as computed using Schedule 2 and the denominator
of which is the maximum impact fee per service unit for the new development as
computed using Schedule 1.
(7)
Offsets or credits for area-related facilities dedicated to and accepted by the City
for a development prior to the effective date of this Article shall be prorated
10
among the total number of service units within such development and reduced by
an amount equivalent to the number of existing service units within such
development and shall be further reduced by the mount of any participation
funds received fi:om the City and by any payments received from other
developments who utilize the system facility.
(8)
The City may participate in the costs of an area-related improvement to be
dedicated to the City, including costs that exceed the amount of the impact fees
due for the development under Schedule 1 for that category of capital
improvements,/n accordance with policies and rules established under the City's
subdivision regulations and when incorporated into an agreement for capital
improvements pursuant to Section 26-229. The amount of any offset shall not
include the amount of the City's participation.
(d)
Unless an agreement for capital improvements is executed providing for a different
manner of offsetting or crediting impact fees due pursuant to Section 26-229, an offset or
credit associated with a plat shall be applied to reduce an impact fee at the time of
application for the first building perm/t or at the time of application for the first utility
connection for the property, in the case of land located within the City's extraterritorial
jurisdiction, and, thereafter, to reduce impact fees subsequently to be collected, until the
offset or credit is exhausted.
Sec. 26-224. Establishment of accounts.
(a)
The City's Department of Finance shall establish separate interest-bearing accounts
clearly identifying the category of capital improvement (i.e. water facilities and
wastewater facilities) within the service area for which the impact fee is collected.
(b)
Interest em-ned by each account shall be credited to the account on which it is earned and
shall be used solely for the purposes specified for impact fees as authorized herein.
(c)
The City's Department of Finance shall establish adequate financial and accounting
controls to ensure that impact fees disbursed from the account are utilized solely for the
purposes authorized in this Article. Disbursement of funds shall be authorized by the
City at such times as are reasonably necessary to carry out the purposes and intent of this
Article; provided, however, that any fee paid shall be expended within a reasonable
period of time, but not to exceed ten (10) years from the date the fee is deposited into the
account.
(d)
The City's Department of Finance shall maintain and keep adequate financial records for
each such account, which shall show the source and disbursement of all revenues, which
shall account for ali monies rece/ved, the number of service un/ts for which the monies
are received, and wh/ch shall ensure that the disbursement of funds from each account
shall be used solely and exclusively for the provision of projects specified in the impact
fee capital improvements plan as area-related capital projects. The City's Department of
Finance shall also maintain such records as are necessary to ensure that refunds are
11
appropriately made in accordance with this Article. The records of the account into
which impact fees are deposited shall be open for public inspection and copying during
ordinary business hours. The City may establish a fee for copying services.
Sec. 26-225. Use of proceeds of impact fee accounts.
The impact fee collected pursuant to this Article may be used to finance or to recoup
capital construction costs for water and wastewater facilities identified in the impact fee
capital improvements plan and for any purpose authorized in Texas Local Government
Code, Chapter 395, V.T.C.A. as mended. Impact fees may also be used to pay the
principal sum and interest and other finance costs on bonds, notes or other obligations
issued by or on behalf of the City to finance such capital improvements or facilities
expansions.
(b)
Impact fees collected pursuant to this Article shall not be used to pay for any of the
following expenses:
(1)
Construction, acqu/sition, or expansion of capital improvements or assets other
than those identified for the water and wastewater utility in the impact fee capital
improvements plan;
(2)
Repair, operation, or maintenance of existing or new capital improvements or
facilities expansions;
(3)
Upgrading, expanding, or replacing existing capital improvements to serve
existing development in order to meet stricter safety, efficiency, environmental or
regulatory standards;
(4)
Upgrading, expanding, or replacing existing capital improvements to serve
existing development; provided, however, that impact fees may be used to pay the
costs of upgrading, expanding or replacing existing capital improvements in order
to meet the need for new capital improvements generated by new development; or
(5) Admin/strative and operating costs of the City.
Sec. 26-226. Appeals.
(a)
The property owner or applicant for new development may appeal the following
decisions to the City Council: (a) the applicability of an impact fee to the new
development; (b) the method of calculating the amount of the impact fee due; (c) the
availability or the amount of an offset, credit or rebate; (d) the application of an offset or
credit against an impact fee due; or (e) the amount of a refund due, if any.
(b) The burden of proof shall be on the appellant to demonstrate that the amount of the fee or
I2
the mount of the offset, credit or rebate was not calculated according to the provisions of
this Article.
The appellant must file a notice of appeal with the City Secretary within th/try (30) days
following the determ/nation of the mount of the impact fees to be paid by the
development. If the notice of appeal is accompanied by a bond or other sufficient surety
satisfactory to the City Attorney in an amount equal to the original determination of the
impact fee due, the development applicafion may be processed while the appeal is
pending.
See. 26-227. Refunds.
(a)
Any impact fee or portion thereof collected pursuant to this Article which has not been
expended within ten (10) years from the date of payment, shall be refunded, upon
application, to the record owner of the property at the time the refund is paid, or, if the
impact fee was paid by another governmental entity, to such governmental entity,
together with interest calculated fi:om the date of collection to the date of refund at the
statutory rate as set forth in Vernon's .Ann. Civil Statutes, Title 79, Art. 1C.002, or any
successor statute.
Co)
Upon the request of an owner of the property on which an impact fee has been paid, the
City shall refund such fees if:
(I) Existing service is available and service is denied; or
(2)
Service was not available when the fee was collected and the City has failed to
commence construction of facilities to provide service within two (2) years of fee
payment; or
(3)
Service was not available when the fee was collected and has not subsequently
been made available within a reasonable period of time considering the type of
capital improvement or facility expansion to be constructed, but in any event no
later than five (5) years fi:om the date of the payment.
(c)
The City shall refund an appropriate proportion of impact fee payments in the event that a
previously purchased but uninstalled water meter for which the impact fee has been paid
is replaced with a smaller meter, based on the service unit differential of the two (2)
meter sizes and the fee per service unit at the time of the original fee payment.
A petition for refund under this section shall be submitted to the Director on a form
provided by the City for such purpose. Within one (1) month of the date of receipt of a
petition for refund, the Director must provide the petitioner, in writing, with a decision on
the refund request, including the reasons for the decision. If a refund is due to the
petitioner, the Director shall notify the Assistant City Manager of Finance and request
that a refund payment be made to the petitioner.
13
Sec. 26-228. Update of plan and revision of fees.
(a)
The City shall update its land use assumptions and capital improvements plans at least
every five (5) years, commencing from the date of adoption of such plans, and shall
recalculate the impact fees based thereon ha accordance with the procedures set forth in
Texas Local Government Code, Chapter 395, or in any successor statute.
Cb)
The City may review its land use assumptions, impact fees, capital improvements pl~n.q
and other factors such as market conditions more frequently than provided in subsection
(a) to determine whether the land use assumptions and capital improvements plans should
be updated and the impact fee recalculated accordingly, or whether Schedules 1 or 2
should be changed. Schedule 2 may be amended without revising land use assumptions
and capffal improvements plans at any time prior to the update provided for in subsection
(a), provided that the impact fees to be collected under Schedule 2 do not exceed the
impact fees assessed uuder Schedule 1.
(c)
If, at the time an. update is required pursuant to Subsection (a), the City Council
determines that no change to the land use assumptions, capital improvements plan or
impact fee is needed, it may dispense with such update by following the procedures in
Texas Local Government Code, Section 395.0575.
(d)
The City may amend by resolution the land use equivalency table (Exhibit F) at any time
pr/or to the update provided for in Subsection (a), provided that the number of serv/ce
units associated with a particular land use shall not be increased.
Sec. 26-229. Agreement for capital improvements.
An owner of a new development may construct or finance a capital improvement or facility
expansion designated in the impact fee capital improvements plan, if required or authorized by
the City, by entering into an agreement with the City prior to the issuance of any building permit
for the development. The agreement shall be on a form approved by the City and shall identify
the estimated cost of the improvement or expansion, the schedule for initiation and completion of
the improvement or expansion, a requirement that the improvement be designed and completed
to City standards and such other terms and conditions as deemed necessary by the City. The
agreement shall provide for the method to be used to determine the mount of the offset to be
given against the impact fees due for the development or any reimbursement to the owner for
construction of the facility.
Sec. 26-230. Use of other financing mechanisms.
(a)
In addition'to the use of impact fees, the City may finance water and wastewater capital
improvements or facilities expansions designated in the impact fee capital improvements
plan through the issuance of bonds, through thc formation of public improvements
i4
(b)
(c)
districts or other assessment districts, or through any other authorized mechanism, in such
manner and subject to such limitations as may be provided by law.
Except as otherwise provided herein, the assessment and collection of a impact fee shall
be additional and supplemental to, and not in substitution of, any other tax, fee, charge or
assessment which is lawfully imposed on and due against the property.
The City may pay all or part of impact fees due for a new development talcing into
account available offsets and credits pursuant to duly adopted criteria.
Sec. 26-231. Conflicting ordinances.
All ordinances or parts of ordinances that are in force when the provisions of this ordinance
become effective, which are inconsistent or in conflict with the terms or provisions contained in
this ordinance, are hereby repealed to the extent of the conflict.
Sec. 26-232. Reserved.
SECTION 4. That any person violating any provision of this Ordinance shall, upon
conviction, be fined a sum not exceeding $2,000. Each day that a provision of this Ordinance is
violated shall constitute a separate and distinct offense.
SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereof to any person or circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions, despite any such invalidity.
SECTION 6. That this Ordinance shall repeal any conflicting ordinances and resolutions
to the contrary; it being the intention of the City Council to fully amend all provisions of Chapter
26 of the City of Denton, Texas Code of Ordinances dealing with Impact Fees.
SECTION 7. That this Ordinance shall become effective fourteen (14) days fi:om the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
Ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published in
the City of Denton, Denton County, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the i3th day of May, 2003.
EULINE BROCK, MAYOR
15
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPR~SVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
t6
September 11, 2003
Kim Fugitt
Fugitt and Associates Architects
1165 Joyce Blvd
Fayetteville, AR 72703
Subject: The Timbers at Denton Water/Wastewater Impact Fees
Dear Mr. Fugitt,
This letter will serve to communicate the impact fees, meter fees, and facility
charges for The Timbers apartment complex in Denton, Texas. Keep in mind the impact
fee assessment for an apartment complex is not based on size or number of its meters; the
impact fee assessment is based solely on the water and wastewater demands that the
complex will place on the system. However, the meter setting fees and monthly facility
charges will be based on meter size and number of meters. As stated in the ordinance,
"the Director may use recent historical water billing records for existing customers to
determine water demands and SFE equivalents in accordance with data from the most
recent Capital Improvements Plan." Historical data was used in the assessment of your
impact fees.
In implementing impact fees for apartment projects, Denton Water Utilities
(DWU) has conducted two significant apartment studies. The first study was conducted
in 1999 using apartment consumption data of 9 complexes from the years 1998 and 1999.
Based on the consumption of these complexes, a Single Family Equivalent (SFE) per
bedroom of .28 was calculated from averaging the 9 peak demand values, and has been
used as the maximum SFE for an apartment project impact fee assessment. A "Single
Family Equivalent" is an equivalency factor, based on the water demands associated with
an average single-family residence. Recently a new study of 8 apartment complexes was
conducted, using data over a three-year period, to investigate water consumption of
newer complexes. This study also used the most recent Capital Improvements Plan to
determine water demands and SFE equivalents. The SFE per bedroom equivalent based
on the new study is .26 for water and wastewater. The most recent apartment study also
individually investigated two separate components of water consumption, domestic and
irrigation. All 8 of the apartment complexes represented in the study were built since
1992, the year that the Texas Commission on Environmental Quality (TCEQ), formerly
Texas Natural Resource Conservation Commission (TNRCC), instituted a program
requiring all plumbing fixtures sold in Texas to comply with specific water use efficiency
standards.
The Impact Fee assessment, in the case of The Timbers, is based on: 1) the results
of the most recent DWU apartment study using local historical data, 2) the water usage
data from your apartment complexes in Fort Smith, AK, Broken Arrow, OK, and Denton,
TX that was provided to DWU by your firm and METEREX, and 3) our inherent
understanding of local apartment complex consumption and use patterns. The data that
Exhibit 4
was sent to DWU by your firm was assessed and compared to our data. It was found that
sub-metered apartment units might use approximately 10% less water than master
metered complexes. DWU has researched national studies relating to sub-metering and
has found that the percentages seen here are within the range of those published in
national studies. Even though DWU recognizes that the data provided to us is somewhat
limited in its ability to be compared with our data in that it mostly differs by region, is
limited in its extent over time (6 months - 1 year), does not represent peak usage, and
produced inconclusive results, a 10% reduction of impact fees will be reflected in this
impact assessment for The Timbers complex for scenarios assuming sub-metering or
individual metering.
IMPACT FEES
Because your firm has not clearly communicated if the complex is going to be
master metered or individually metered, and have not specified the source of irrigation
water for The Timbers complex, impact fee assessments will be provided for four
different scenarios. A 10% reduction has been applied to Scenarios 3 and 4 assuming
that the complex will be sub-metered or individually metered. All scenarios presume that
there will not be any City of Denton potable water used for irrigating any portion of the
golf course.
Scenario 1 - City of Denton potable water for domestic and irrigation consumption, and
master metered
Water
Wastewater
Clubhouse, Cart Barn,
Pro shop - W/WW
Total Cost per
SFE SFE Impact Fee
208 $3,155.00 $656,240.00
208 $1,437.00 $298,896.00
8 $4,592.00 $36,736.00
Total Fee $991,872.00
Scenario 2 - City of Denton potable water for domestic consumption, the use of effluent
for irrigation, and master metered
Water
Wastewater
Clubhouse, Cart Barn,
Pro shop - W/WW
Total Cost per
SFE SFE Impact Fee
104 $3,155.00 $328,120.00
208 $1,437.00 $298,896.00
8 $4,592.00 $36,736.00
Total Fee $663,752.00
Scenario 3 - City of Denton potable water for domestic and irrigation consumption, and
sub-metered or individually metered
Water
Wastewater
Clubhouse, Cart Barn,
Pro shop - W/WW
Total Cost per
SFE SFE Impact Fee
197.6 $3,155.00 $623,428.00
187.2 $1,437.00 $269,006.40
8 $4,592.00 $36,736.00
Total Fee $929,170.40
Scenario 4 - City of Denton potable water for domestic consumption, the use of effluent
for irrigation, and sub-metered or individually metered
Water
Wastewater
Clubhouse, Cart Barn,
Pro shop - W/WW
Total Cost per
SFE SFE Impact Fee
93.6 $3,155.00 $295,308.00
187.2 $1,437.00 $269,006.40
8 $4,592.00 $36,736.00
Total Fee $601,050.40
If a reduction in impact fees related to alternative irrigation or sub-metering is
pursued, adequate controls will be implemented during plan review, building inspections,
and the Certificate of Occupancy (C.O.) process to ensure that the property is irrigated
through other means and/or sub-meters to individual units have been installed.
METER FEES
Your firm has inquired about three different meter designs, two master meter
configurations, and an individual metering scheme. If the complex is sub-metered from
the master meter(s) to the units by your firm the costs of the meter fees and facility
charges will be substantially less. Option 1 assumes two 8" water meters, with the lines
from the meters to the buildings being private. Theses private lines would not be
assessed an inspection fee and could be placed anywhere on the property. Option 2
assumes forty 1½" water meters serving each building with the onsite lines being public.
The public lines will be assessed an inspection fee of 3.5% of the total line cost, will need
to be located in the easements, and will need to strategically placed outside of paved
areas generally within grass areas to be easily read by the meter reader and away from
vehicular and pedestrian traffic. If the entire complex is individually metered, Option 3
will require the placement and installation of forty 10 ft. by 3 ft. meter boxes, each
containing twelve - 3A" meters. Again the inspection fees will apply and the lines and
meters boxes will still need to be placed in the easements and be strategically placed for
accessibility and safety. All three Options shall include an additional charge of $580.00
for a 2" meter required to supply the Clubhouse, Cart barn, and Pro Shop. The following
meter fees assume the contractor will install the taps.
Meter Fees
Meter No. Individual Total
Size Meters Cost Cost
Option 1 8" 2 $16,750.00 $33,500.00
Option 2 1-1/2" 40 $450.00 $18,000.00
Option 3 3/4" 40 (12)* $4,560.00 $182,400.00
40 meter boxes with 12 meters each
FACILITY CHARGE
The facility charges on water meters at apartment complexes are based on
commercial rates. There will be an additional charge of $31.65 per momh for the 2"
meter supplying the Clubhouse, Cart barn, and Pro Shop
Type
Meter
Size
No.
Meters
Facility
Charge
1 -yr
Water 8" 2 $178.00 $4,272.00
Water 1 1/2" 40 $25.75 $12,360.00
Water 3/4" 480 $20.20 $116,352.00
Wastewater 8" 2 $16.20 $388.80
Wastewater 1 1/2" 40 $16.20 $7,776.00
Wastewater 3/4" 480 $16.20 $93,312.00
Option 1 8" 2 $194.20 $4,660.80
Option 2 1 1/2" 40 $41.95 $20,136.00
Option 3 3/4" 480 $36.40 $209,664.00
Demon Water Utilities recommends that your firm master meter the complex
either through 2 large meters and private on-site lines, or 40 smaller meters at each of the
buildings with public on-site lines. Either of these options would be more cost effective
for your firm with regards to meter set fees and monthly facility charges than individually
metering the entire complex.
All fee scenarios discussed above are based on previous correspondence between
your firm and DWU. If you have any additional scenarios you would like to explore,
have any questions concerning the fees discussed in this letter, or need additional
information, please call me ~ 940-349-7190.
Sincerely,
Tim Fisher, P.E.
Assistant Director of Water Utilities
THE TIMBER LINKS APARTMENTS, L.P.
October 8, 2003
MS. JENNIFE~ WALTERS
CITY SECRETARY
215 E. MCKINNEY
DENTON, TX. 76201
RE: TIMBERS AT DENTON IMPACT ~ APPEAL
PLF_2sSE BE INFORMED THAT THE TIMBERS AT DENTON LLC. DEV-ELOPE~ OF TH]~
REFF21RE/qCED PROJECT REQUESTS AN APPEAL BEFORE THE CITY COUNCIL AS OUII3NED
IN THE DENTON CITY ORDINANCE NO. 2003-137 SECTION 26-226 WiTH REGARD TO TI-YE
WATER/WASTEWATER I2ffPACT FEES RECENTLY DETERMINED.
LINDSEY MANAGEMENT COMPANY, OF WHICH I AM A PART, BEGAN INW-ESTIGA~G
THE DENTON AREA IN EARLY 2002 THROUGH DEMOGRAPHIC STUDIES AND NUMEROUS
TRIPS TO DENTON OBSERVING POTENTIAL BUILDING SITES.
AN OFFER AND ACCETANCE CONTRACT WAS EXECT!TF_~ JULY 25,2002 FOR TI-IE SUBJECT
PROPOERTY-
ON AUGUST 22, 2002, Iv[R. BOB BREEDLOVE OF THE BRANNON CORPRATION WAS
COMMISSIONED TO ACT AS CIVIL ENGINEER ON ~ PROJECT.
ON NOVEMBER 04, 2002, DURING THE INVESTIGATORY PERIOD OF TIlE "T/M]3/EtU./Nv/CC
dPARTMENTS' I RE~ AN E-MAIL RF_~PONSE (SEE ATrACXq~.D) FROM MIL DOUG
POWELL OF THE CITY PLANNING DEPARTM]gNT RESPONDING TO MANY QUESTIONS OF
Wt-~CH ON-~ WAS R.EGA_RDIlqG WATER/WASTEWATER DffPACT FEES. iViR. POWELL'S
RESPONSE IiXrDICATED THAT THE IMPACT ~ WOUI~ BE BASED ON METER SIZE AND
DIXECTED US TO ~ CITY WE23 SITE WHF_,RE THE TABLE (SEE ATTACI-I-RI-)) WAS LISTF_I).
BASED ON THE INFORMATION FROM THAT SCHF_,DULE, THE PROJECT PROCEEDED IN
PLANNING AND BUDGETING AND FINANCING WAS SECURED.
ON NOVEMBER 6, 2002, AN APPLICATION FOR A SPECIAL USE PERMIT WAS FtLF_JD WITH
THE PlxkNNI2qG DEPARTME2qT.
ON DECF_2vlBER 3, 2002, REVISIONS WERE SENT TO MS. AUTUMN SPEAR OF TftE CITY
PLANNING DEPARTSIENT RESPONDING TO COIvEVIF_~TS AND QUESTIONS OF THE
ORIGI2qAL SITE PLAN PROPOSAL.
IN DECEMBER OF 2002 WE FIRST INTRODUCED THE PROPOSAL TO THE DENTON
PLANNING AND ZONING COlvllvlISSION AND AGAIN, AFTER SOME REVISIONS BASED ON
FEEDBACK FROM NEIGHI3ORS, ON JANUARY 8, 2005. TIt]g PROJECT WAS APPROVED BY THE
CITY COUNCIL ON FEBRUARY 18, 2003.
THE FINAL PLAT WAS SUBMITTED APR_IL 29, 2003.
5
Exhibit 5
- 2 - October 8, 2003
WE FIRST LEARNED OF THE INCREASE IN IMPACT FEES ON AUGUST 1, 2003 WHEN I M]ET
PERSONNALLY WITH MIL TIM FISHER OF TIlE DE/qTON WATER UTILTIES DEPARi]kIENT,
OVER 2 MONTHS AFrER TIlE FACT.
THIS PROJECT HAS BEEN IN VARIOUS STAGES OF APPROVAL SINCE DECEIvIBER 2002,
WHEN Tt~ PROJECT WAS FIRST BROUGHT BEFORE THE CITY PLANNING AND ZONiNG
FOR ITS INITIAL APPROVAL. WE WERE AT NO TIME INFORMED OF CHANGES IN NEITH]FJ[
TH~ IMPA~ FEE SCt-tF_X)ULE NOR/lqFORMATION OF PF_2qD]2'qG ]2vlPACT FEE iNCREASES,
FURTHERMORE, THE CIVIL ENGINEER OF RECORD (BRANNAN CORP) PROVIDED
FINAL PLAT DRAWINGS TO CITY STAFF APRIL 29, 2003, ONE-MONTH PtLIOR TO TIq]E
INCREASE. IT IS OUR CONTENTION THAT ONCE DRAWINGS HAVE BEF,2W SUB~ FOR
APPROVAL, IT IS OUTSIDE THE DEVF_J_f)PERS ABII2I~ TO CONTROL APPROVAL DEADLINES
AS THAT IS A FUNCTION OF CITY STAFF PROCESSES. SAID APPROVAL PROCESS MAY LAST
FOR WEEKS OR POSSIBLY MONTHS BASED ON ~ STAFF'S WORKLOAD AND/OR TH]E~
INTF3,EST IN COMPLETING THE PROCESS IN A TLMF. I.Y MANNER REGARDLESS OF THE
DEVELOPERS TIAIELY RESPONSE OR EFFORTS. AGAIN, NEITHF_,R CIVIL ENGINF~R NOR
DEVELOPER WAS INFORMED OF PENDING OR PROPOSED CHANGES iN THE FEE
STRUCTURE.
THIS ADDITIONAL AN-D UNFORESF. I~.N FINANCIAL BURDEN PLACES THE ENTIRE
PROJECT AT RISK OF ABANDOn.
WITH Al J, DUE RESPECT, DUE TO A LACK OF COM/vlLR~CATION OF THE CITY STAFF
WITH THE DEVELOPER AND ~ CITY STAFF'S iNABILITY TO REVIEW AND APPROVE TIlE
INFORMATION PROVIDED 30 DAYS PRIOR TO TIlE UNADVERTISED FF_Jg iNCRF_3~E, WE
REQUEST THAT THE I]MPA~ FEE BE CALCULATED USING TIIE
SCI-IEDLU-~ FIRST PROVIDED US BY MIR.. POWI~.I J. NOVEMBER 4, 2002.
RESPEC'TFIII_LY,
1165 JOYCE BLVD. ' FAYETTEVILLE, AR. ' 72701
PHONE: 479-521-6686 · FAX: 4-79-527-8855
215 E. McKINNEY STREET, DENTON, TX 76201 · (940) 349-8158 · FAX (940) 349-8120
UTILITY ADMINISTRATION
DATE: October 9, 2003
TO:
Honorable Mayor Brock and Members of the DeNon City Council
FROM:
Michael S. Copeland, Utility Attorney
Appeal of Impact Fee Determination by City Staff filed by The Timbers at
Denton, LLC
Attached please find the appeal of impact fee documents, submitted by William Kim
Fugitt, AIA, Fayetteville, Arkansas, representing The Timbers at Denton, LLC (the
"Developer") filed as required with the City Secretary on September 30, 2003 (Exhibit
"A").
This is a timely submission, it being made within thirty- (30) days of the determination of
the impact fee to be charged by City Staff (per letter of Tim Fisher, Assistam Director of
Water Utilities dated September 11, 2003). Mr. Fisher's detailed letter to the Developer
is attached to these materials (Exhibit "B").
This matter is being submitted to you for your consideration and determination. The
operative ordinance provision providing the right to this appeal is found in the impact fee
Ordinance No. 2003-137, §26-226. A copy of the Ordinance (without voluminous
Exhibits attached), is attached hereto as Exhibit "C" and is furnished for your
convenience.
On October 20, 2003, the Public Utilities Board will consider this appeal. I will
announce the Board's recommendation at the outset of the item on your October 21, 2003
Council agenda.
Under §26-220(a)(1) of the above Ordinance assessmem of impact fees "shall occur at
the time application is made for the building permit or utility connection, whichever first
occurs, and shall be the amoum of the maximum impact fee per service unit in effect, as
set forth in Schedule 1." The review fee for the project was unpaid by Developer umil
June 11, 2003. In August 2003, the Developer applied for a building permit. These
events were both after the effective date of the ordinance. There has been no application
for utility connection to date. Therefore, the new impact fees, made effective by the City
Council on May 29, 2003, would apply, not those impact fee rates in effect on the date of
Exhibit 6
former Director of Planning, Doug Powell's e-mail to Mr. Fugitt of November 4, 2002, as
urged by Developer.
Under §26-222(a) the impact fees for a new development "shall be collected at the time
the City issues a building permit, or if a building permit is not required, at the time an
application is filed for a new connection to the City's water or wastewater system or for
an increase in water meter size."
The important date to keep in mind is the date of final plat recordation. §26-222(f) and
(g) clearly provide that the assessment rate is set, and the maximum impact fees for a new
development for which final plat recordation occurred after May 29, 2003...the
maximum impact fee per service unit shall be as follows: $3,155 for the water service
unit... $1,437 for the service unit in the Zone 1 wastewater service area... As stated
herein, the date of final plat recordation has not yet occurred with respect to this property.
Mr. Fisher, in his September 11, 2003 letter to the Developer clearly illustrates how the
impact fees and meter fees for the project would be determined in accordance with the
City ordinance. He offered to the Developer, four (4) different scenarios for the impact
fees, depending upon the Developer's preferences.
In my opinion, you can dispose of this appeal on the merits and the facts, by denying it,
as the fees clearly fall squarely within the operation of the new impact fee ordinance
enacted by the City Council, and effective on May 29, 2003. Neither appeal to the
individual facts and circumstances that the Developer has suffered are legally persuasive
or determinative of this appeal and should be disregarded. However, for the sake of
completeness, I will list the major factual appeals below:
The first appeal was to an alleged relied-upon e-mail sent by the Doug Powell, Denton's
former Director of Planning on November 4, 2002, to Developer. This was sent in
response to six questions raised by the Developer. Nowhere in the e-mail produced (one
page) does Mr. Powell answer the Developer's question, number 1 respecting the subject
of impact fees. Developer alleges that Mr. Powell directed him to the city's e-mail site
by Mr. Powell's response.
The second appeal is that the Developer complains about "due to a lack of
communication of the City Staff with the Developer" which blames the "unforeseen
financial burden" upon the City. The City is under no legal duty to keep anyone advised
of the status of its laws and ordinances. The information that Developer came into by its
reference to the city's website, in November 2002 was current. Discussions were had
between the Developer and City staff after November 2002 through the present regarding
the subject of impact fees. In April 2003, if not earlier, Staff informed Developer that the
impact fees were being revised and based upon their platting schedule, that Developer
would likely fall under the revised impact fee schedule. The Developer alleges "neither
civil engineer nor Developer was informed of pending or proposed changes in the fee
"Dedicated to Quality Service"
www. cityofdenton.corn
structure" implying that the City had a duty to update certain members of the Developer's
team. There is no such duty imposed upon the City. The City has communicated with
the Developer. This argument is unpersuasive.
In fact, there were numerous newspaper public notices contained in the Denton Record
Chronicle in the months preceding the consideration and the enactment of the ordinance.
There were also public hearings conducted by the Demon City Council on March 25,
2003 and April 15, 2003, posted and noticed in accordance with applicable law. The
statute providing for notice [§395.044(a) Texas Local Governmem Code] also requires
the City Secretary to notify a party who requests notice from the City by certified or
registered mail pertaining to notice of the order setting the hearing on impact fees.
Developer did not request such notice from the City Secretary. The notice publication
requirements were completed as provided in Chapter 395 of the Texas Local Government
Code, and the ordinance providing for amended impact fees, became effective on May
29, 2003.
The third appeal is that Developer criticizes City Staff for "its inability to review and
approve the information [the final plat] provided 30 days prior to the unadvertised fee
increase." Developer submitted its final plat to City Staff on April 29, 2003. The City
Staff apparently did not complete its review of the information within the 30 days
preceding May 29, 2003. However, there is good reason for it not to commence its
examination and review. The City has evidence that the Developer did not pay the
applicable review fee until after the effective date of the ordinance - payment of the fee
was done on June 11, 2003. The Developer's submittal was considered incomplete umil
that date. City Staff was accused of a lack of communication with the Developer.
Developer, however, did not have a complete submittal. This period is of no
consequence to Developer's legal position, as its submittal was incomplete and triggered
no right to have the application examined until the submittal was complete - after the
effective date of the ordinance. The allegations of Developer of an "unadvertised fee
increase" are also unpersuasive. There are numerous times that notices were published in
the Denton Record Chronicle prior to the effective date of the ordinance. This argument
has no legal merit.
Alternatively, I believe that you could also recommend a denial of the appeal on
procedural grounds - that is it not being based upon one of the five "decisions" that may
be appealed to the City Council by the Developer. §26-226(a) of the impact fee
ordinance is clear that only the five listed decisions may be appealed to the City Council.
What the Developer is appealing is whether a prior ordinance's rate is applicable to it,
rather than the current Ordinance's rate.
"Dedicated to Quality Service"
www. cityofdenton.corn
This is not the same as questioning the "applicability of an impact fee to the new
development" cited as permitted appeal circumstance letter (a). The permitted appeal is
whether there is any impact fee due upon the new development. However, because of the
lack of any persuasive evidence when the appeal is considered on its merits, I recommend
a denial on the merits, and not this procedural ground.
For the reasons stated above, I recommend that you deny the appeal of the Developer,
The Timbers at Denton, LLC.
S:\Our Documents\CorrespondencehMemos\03\Opinion and Recommendation re Appeal of Impact Fee-Timber Links-CC-2003.doc
"Dedicated to Quality Service"
www. cityofdenton.corn
PLANNING AND DEVELOPMENT DEPARTMENT
City Halt West - 221 N Elm - Denton, Texas 76201 voice: (940) 349-8350 fax: (940) 349-7707
www. cityofdenton.com
2003
Review Schedule
Jan. 06,03
Jan. 15, 03 Jan 16,03
Jan. 13,03 Jan. 22,03 Jan. 23,03
Jan. 20,03 Jan. 29,03 Jan. 30,03
Jan. 27,03 Feb, 05,03 Feb. 06,03
Feb. 02,03
Feb. 12,03
Feb 13,03
Feb. 14, 03 Feb. 21, 03
Feb. 28, 03 Mar. 07, 03
Mar. 14, 03 Mar. 21, 03
Mar. 28, 03 Apdl 02, 03
Apd118,03 Apd125,03
May 02, 03 May 09,03
May16,03 May 23,03
May 30, 03 June 06, 03
June 13, 03 June 20, 03
June 27, 03 July04, 03
July 18,03 July 25,03
Aug 01,03 Aug. 08,03
Aug. 15,03 Aug. 22,03
Aug. 29,03 Se~.05,03
Se~.12,03 Se~.19,03
Se~.26,03 O~.03,03
Oct. 17, 03 Oct. 24, 03
O~.31, 03 Nov. 07, 03
Nov. 14, 03 Nov. 21,03
Dec. 12,03 Dec. 19,03
Jan. 03,04 Jan. 09,04
* Additionaltime added duet o Holiday's
Revised 1/2003
Exhibit 7
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
October 21, 2003
Economic Development
Mike Conduff ~
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Demon, Texas and the Demon County Friends of the Family for counseling and case
management to victims of domestic violence for low to moderate income families; providing for
the expenditure of funds therefore; and providing for an effective date.
BACKGROUND
The Human Services Advisory Committee recommended that the City of Demon provide
$32,400 from the general fund to Denton County Friends of the Family to provide
services to victims of domestic violence including the following:
1. Protective residential shelter for families with 24-hour service to shelter residents
2. Counseling to family members, to assist them in dealing with the emotional and physical
trauma of domestic violence.
3. Counseling services to victims of sexual assault and their families.
4. Provision of community education services concerning sexual assault and domestic
violence.
5. Provision of a toll free crisis hotline available 24 hours per day to all individuals in need
of access to domestic violence support issues, information and referral to other services.
6. Provision of child and adolescent treatmem services for children ages 3 through 17
include play therapy, activity therapy, individual and group therapy.
ESTIMATED PROJECT SCHEDULE
The funding agreement includes reimbursemem for services provided from October 1, 2003
through September 30, 2004.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Human Services Advisory Committee reviewed funding requests, developed a proposed
annual budget utilizing both Community Developmem Block Gram funds and City of Demon
General Fund dollars for human services. James McDade, HSAC Chairperson, presemed the
committee's recommendations to City Council on April 15, 2003.
FISCAL INFORMATION
Funding for the proposed program has been allocated in the City of Demon 2003-2004 Proposed
Annual Program of Services.
EXHIBITS
1. Ordinance
2. Funding Agreement
Respectfully submitted:
Linda Ratliff
Director of Economic Development
Prepared by:
Barbara Ross
Community Development Administrator
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND THE DENTON COUNTY FRIENDS OF THE FAMILY
FOR COUNSELING AND CASE MANAGEMENT TO VICTIMS OF DOMESTIC VIOLENCE
FOR LOW TO MODERATE INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton County Friends of the Family, a Texas non-profit corporation, (the
"Organization") provides for professional counseling and case managemem to victims of domestic
violence for low to moderate income families in the City of Demon, Texas (the "Program"); and
WHEREAS, the Organization and the City of Denton desire to enter into an agreement to
provide for the continuance of the Program which agreement is substantially in the same form as the
agreemem attached hereto and made a part hereof by reference (the "Public Service Agreemem");
and
WHEREAS, the Program is a part of the City's community developmem program as
authorized by Chapter 373 of the Local Government Code and it helps to eliminate conditions
detrimemal to the public health and safety by providing opportunities and services to low to
moderate persons in Denton that would otherwise not be available; and
WHEREAS, the Program and the Public Service Agreement are necessary to preserve and
protect the public health and safety of the City's residents by helping to insure that low to moderate
income families have adequate counseling services for domestic violence; and
WHEREAS, City Council finds that if the Program and the Public Service Agreemem are not
available, families would be at risk of further domestic violence, thereby creating a substantial health
and safety risk for citizens of DeNon; and
WHEREAS, the Program is supervised and administered by professional personnel which
maimain licenses as counselors or social workers; and
WHEREAS, City Council finds that the Public Service Agreemem and the expenditures
provided for in the Agreement are exempt from competitive bidding as a procurement necessary to
preserve or protect the public health or safety of the City's residents under Section 252.022(a)(2) of
the Local Governmem Code and as a procuremem for professional services under Section
252.022(a)(4) of the Local Governmem Code; and
WHEREAS, the City Council of the City of DeNon hereby finds that the Program and the
Public Service Agreemem serve importam municipal and public purposes and are in the public
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S:\Our Documents\Ordinances\03\Denton County Friends of the Family.doc
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Public
Service Agreement and to carry out the duties and responsibilities of the City under the Public
Service Agreement, including the expenditure of funds as provided in the Public Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ., 2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
EULINEBROCK, MAYOR
BY:
Page 2
2003- 2004 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
FRIENDS OF THE FAMILY
This Agreement is hereby entered into by and between the City of Denton, Texas, a
Home Rule Municipal Corporation, hereinafter referred to as "City", and Friends of the Family,
P.O. Box 640, Denton, TX 76202, hereinafter referred to as "Organization";
WHEREAS, City's Human Services Advisory Committee ("HSAC") has reviewed the
proposal for services and has determined that Organization performs an important service for the
residents of Denton without regard to race, religion, color, age or national origin, and HSAC rec-
ommends the purchase of services; and
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose
of paying for contractual services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used:
Provide protective residential shelter for families with 24-hour service to shelter resi-
dents.
Provide counseling, on both a residential and non-residential basis, to family members, to
assist them in dealing with the emotional and physical trauma of domestic violence.
C. Provide counseling services to victims of sexual assault and their families.
D. Provide community education services concerning sexual assault and domestic violence.
Provide a toll free crisis hotline available 24 hours per day to all individuals in need of
access to domestic violence support issues, information and referral to other services.
Provide child and adolescent treatment services for children ages 3 through 17 include
play therapy, activity therapy, individual and group therapy.
Organization shall perform those services described in the Work Statement herein attached as
Exhibit A.
2.
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following
terms and conditions:
Thirty Two Thousand Four Hundred Dollars ($32,400.00) may be paid to Organization
by City, and the only expenditures reimbursed from these funds, shall be those in accor-
dance with the project budget, attached hereto as Exhibit B and incorporated herein by
reference, for those expenses listed in the scope of services as provided herein. Organiza-
tion shall not utilize these funds for any other purpose.
It will establish, operate, and maintain an account system for this program that will allow
for a tracing of funds and a review of the financial status of the program.
C. It will permit authorized officials of City to review its books at any time.
It will reduce to writing all of its rules, regulations, and policies and file a copy with
City's Community Development Division along with any amendments, additions, or revi-
sions whenever adopted.
It will not enter into any contracts that would encumber City funds for a period that
would extend beyond the term of this Agreement.
It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any
errors or discrepancies in bills shall be promptly reported to City's Community Develop-
ment Division for further direction.
It will appoint a representative who will be available to meet with City officials when re-
quested.
It will indemnify and hold harmless City from any and all claims and suits arising out of
the activities of Organization, its employees, and/or contractors.
I. It will submit to City copies of year-end audited financial statements.
TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within
the following time frame:
October 1, 2003 through September 30, 2004, unless the contract is sooner terminated
under Section 7 "Suspension or Termination".
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COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Organization shall comply with all applicable federal laws, laws of the State of Texas and
ordinances of the City of Denton.
REPRESENTATIONS
Organization assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into
this Agreement.
The person or persons signing and executing this Agreement on behalf of Organization,
do hereby warrant and guarantee that he, she, or they have been fully authorized by Or-
ganization to execute this Agreement on behalf of Organization and to validly and legally
bind Organization to all terms, performances and provisions herein set forth.
City shall have the right, at its option, to either temporarily suspend or permanently ter-
minate this Agreement if there is a dispute as to the legal authority of either Organization
or the person signing the Agreement to enter into this Agreement. Organization 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 enumer-
ated in this Section.
Organization agrees that the funds and resources provided Organization 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, Organization had this Agreement not
been executed.
COVENANTS
During the period of time that payment may be made hereunder and so long as any pay-
ments remain unliquidated, Organization shall not, without the prior written consent of
the Community Development Administrator or her authorized representative:
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of Organization 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 Organization which are allocated to the performance of this Agreement
and with respect to which City has ownership hereunder.
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(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, en-
tity or corporation as guarantor, surety, or accommodation endorser.
(5)
Sell, donate, loan or transfer any equipment or item of personal property pur-
chased with funds paid to Organization by City, unless City authorizes such trans-
fer.
Organization agrees, upon written request by City, to require its employees to attend
training sessions sponsored by the Community Development Division.
PAYMENTS
PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of
money not to exceed Thirty Two Thousand Four hundred Dollars ($32,400.00) for ser-
vices rendered under this Agreement. City will pay these funds on a reimbursement basis
to Organization within 20 days after City has received supporting documentation. Or-
ganization's failure to request reimbursement on a timely basis, may jeopardize present or
future funding.
EXCESS PAYMENT. Organization shall refund to City within ten working days of City's
request, any sum of money which has been paid by City and which City at any time
thereafter determines:
(1) has resulted in overpayment to Organization; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Organization's reimbursement request for any one month period will not exceed one-fifth
(1/5) of any budgeted line items for costs as specified in Exhibit B.
DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures
deviate from Organization's provision of a corresponding level of performance, as speci-
fied in Exhibit A, City hereby reserves the right to reappropriate or recapture any such
under expended funds. If City finds that Organization is unwilling and/or unable to com-
ply with any of the terms of this Contract, City may require a refund of any and all
money expended pursuant to this Contract by Organization, as well as any remaining un-
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expended funds which shall be refunded to City within ten working days of a written no-
tice to Organization to revert these financial assets. The reversion of these financial as-
sets shall be in addition to any other remedy available to City either at law or in equity for
breach of this Contract.
CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City,
together with a final expenditure report, for the time period covered by the last invoice
requesting reimbursement of funds under this Agreement, within 15 working days fol-
lowing the close of the contract period. Organization shall utilize the form agreed upon
by City and Organization.
MAINTENANCE OF RECORDS
Organization agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in compli-
ance with the provisions of Exhibit B, attached hereto, and with any other applicable
Federal and State regulations establishing standards for financial management. Organiza-
tion's record system shall contain sufficient documentation to provide in detail full sup-
port and justification for each expenditure. Nothing in this Section shall be construed to
relieve Organization of fiscal accountability and liability under any other provision of this
Agreement or any applicable law. Organization shall include the substance of this provi-
sion in all subcontracts.
Organization agrees to retain all books, records, documents, reports, and written account-
ing procedures pertaining to the operation of programs and expenditures of funds under
this Agreement for five years.
Nothing in the above subsections shall be construed to relieve Organization of responsi-
bility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
At any reasonable time and as often as City may deem necessary, the Organization shall
make available to City, HUD, or any of their authorized representatives, all of its records
and shall permit City, HUD, or any of their 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 re-
quested by said representatives.
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REPORTS AND INFORMATION
At such times and in such form as City may require, Organization shall furnish such
statements, records, data and information as City may request and deem pertinent to matters cov-
ered by this Agreement.
Organization shall submit quarterly beneficiary and financial reports to City no less than
once each 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 begin-
ning date specified in Section 1 of this Agreement.
Unless the City has granted a written exemption, Organization shall submit an audit con-
ducted by independent examiners with ten days after receipt of such.
10.
EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored. Organization agrees to make available its financial
records for review by City at City's discretion. In addition, Organization agrees to provide City
the following data and reports, or copies thereof:
All external or internal audits. Organization shall submit a copy of the annual independ-
ent audit to City within ten days of receipt.
B. All external or internal evaluation reports.
Quarterly performance/beneficiary reports to be submitted in January, April, July and
September, to include such information as requested by the City's Community Develop-
ment Division including but not limited to: number of persons or households assisted,
race, gender, disability status and household income. Beneficiary reports shall be due to
City within 15 working days after the completion of each quarter.
Organization agrees to submit quarterly financial statements in January, April, July, and
September. Each statement shall include current and year-to-date period accounting of
all revenues, expenditures, outstanding obligations and beginning and ending balances.
Financial reports shall be due to City within 15 working days after the completion of each
quarter.
E. An explanation of any major changes in program services.
S:\OurD ..... nts\Contracts\03\friendsofl:amily. DOC Page 6 of 19
To comply with this section, Organization agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and
the services performed under this Agreement. Organization's record system shall contain
sufficient documentation to provide in detail full support and justification for each ex-
penditure. Organization agrees to retain all books, records, documents, reports, and writ-
ten accounting procedures pertaining to the services provided and expenditure of funds
under this Agreement for the period of time and under the conditions specified by the
City.
Nothing in the above subsections shall be construed to relieve Organization of responsi-
bility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
11.
DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall deliver 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. Organization understands and agrees that
City's representatives shall be afforded access to all meetings of its Board of Directors.
Minutes of all meetings of Organization's governing body shall be available to City
within 10 days after Board approval.
12.
SUSPENSION OR TERMINATION
The City may terminate this Agreement with cause if the Organization violates any cove-
nants, agreements, or guarantees of this Agreement, the Organization's insolvency or fil-
ing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law
or regulation to which it is bound under the terms of this Agreement.
The City may terminate this Agreement for convenience at any time. If the City termi-
nates this Agreement for convenience, Organization will be paid an amount not to exceed
the total amount of accrued expenditures as of the effective date of termination. In no
event will this compensation exceed an amount, which bears the same ratio to the total
compensation as the services actually performed bears to the total services of Organiza-
tion covered by the Agreement, less payments previously made.
In case of suspension, City shall advise Organization, in writing, as to conditions prece-
dent to the resumption of funding and specify a reasonable date for compliance.
S:\OurD ..... nts\Contracts\03\friendsofl:amily. DOC Page 7 of 19
nation.
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In case of termination, Organization will remit to City any unexpended City funds. Ac-
ceptance of these funds shall not constitute a waiver of any claim City may otherwise
have arising out of this Agreement.
13.
PERSONNEL POLICIES
Personnel policies shall be established by Organization and shall be available for exami-
Such personnel policies shall:
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
Be in writing and shall be approved by the governing body of Organization and by City.
14.
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
Organization will submit for City approval, a written plan for compliance with the Equal
Employment and Affirmative Action Federal provisions, within one hundred twenty
(120) days of the effective date of this Agreement.
Organization shall comply with all applicable equal employment opportunity and af-
firmative action laws or regulations.
Organization will furnish all information and reports requested by City, and will permit
access to its books, records, and accounts for purposes of investigation to ascertain com-
pliance with local, State and Federal rules and regulations.
In the event of Organization's non-compliance with the non-discrimination requirements,
the Agreement may be canceled, terminated, or suspended in whole or in part, and Or-
ganization may be barred from further contracts with City.
15.
WARRANTIES
Organization represents and warrants that:
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 re-
port, and, since that date, have not undergone any significant change without written no-
tice to City.
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Any supporting financial statements heretofore requested by City and furnished to City,
are complete, accurate and fairly reflect the financial conditions of Organization 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 Organization.
No litigation or legal proceedings are presently pending or threatened against Organiza-
tion.
None of the provisions herein contravene or are in conflict with the authority under which
Organization is doing business or with the provisions of any existing indenture or agree-
ment of Organization.
Organization 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 con-
ditions of this Agreement.
None of the assets of Organization are subject to any lien or encumbrance of any charac-
ter, except for current taxes not delinquent, except as shown in the financial statements
furnished by Organization to City.
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
16.
CHANGES AND AMENDMENTS
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.
Organization may not make transfers between or among approved line items within
budget categories set forth in Exhibit B without prior written approval of the Community
Development Administrator for the City. Organization shall request, in writing, the
budget revision in a form prescribed by City, and such request for revision shall not in-
crease 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.
Organization will submit revised budget and program information, whenever the level of
funding for Organization or the program(s) described herein is altered according to the
total levels contained in any portion of Exhibit B.
S:\OurD ..... nts\Contracts\03\friendsofl:amily. DOC Page 9 of 19
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 writ-
ten amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation.
City may, from time to time during the term of the Agreement, request changes in Exhibit
A which may include an increase or decrease in the amount of Organization's compensa-
tion. Such changes shall be incorporated in a written amendment hereto, as provided in
Subsection A of this Section.
Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Ex-
hibit B shall require the prior written approval of City.
Organization agrees to notify City of any proposed change in physical location for work
performed under this Agreement at least 30 calendar days in advance of the change.
Organization shall notify City of any changes in personnel or governing board composi-
tion.
It is expressly understood that neither the performance of Exhibit A for any program con-
tracted hereunder nor the transfer of funds between or among said programs will be per-
mitted.
17.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any per-
son(s), firm corporation or other entity against Organization, Organization shall give written no-
tice thereof to City within two 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.
18.
INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that City is contracting
with Organization as an independent contractor and that as such, Organization
shall save and hold City, its officers, agents and employees harmless from all liabil-
ity of any nature or kind, including costs and expenses for, or on account of, any
S:\OurD ..... ntskContracts\03\friendsoft:Jmily. DOC Page 10 of 19
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claims, audit exceptions, demands, suits or damages of any character whatsoever re-
sulting in whole or in part from the performance or omission of any employee, agent
or representative of Organization.
Organization 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 or em-
ployees.
19.
INSURANCE
Organization shall observe sound business practices with respect to providing such bond-
ing and insurance as would provide adequate coverage for services offered under this
Agreement.
The premises on and in which the activities described in Exhibit A are conducted, the
employees conducting these activities, shall be covered by premise liability insurance,
commonly referred to as "Owner/Tenant" coverage with City named as an additional in-
sured. Upon request of Organization, City may, at its sole discretion, approve alternate
insurance coverage arrangements.
Organization will comply with applicable workers' compensation statutes and will obtain
employers' liability coverage where available and other appropriate liability coverage for
program participants, if applicable.
Organization will maintain adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Organization. All employees of Organization who are re-
quired to drive a vehicle in the normal scope and course of their employment must pos-
sess 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 Organization's files.
Actual losses are not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remain the sole responsibility of Organization.
The policy or policies of insurance shall contain a clause which requires that City and
Organization be notified in writing of any cancellation or change in the policy at least 30
days prior to such change or cancellation.
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20.
CONFLICT OF INTEREST
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Organization covenams that neither it nor any member of its governing body presemly
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 Agreemem. Organization
further covenants that in the performance of this Agreement, no person having such inter-
est shall be employed or appoimed as a member of its governing body.
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Organization further covenams that no member of its governing body or its staff, subcon-
tractors 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-
self/herself, or others; particularly those with which he/she has family, business, or other
ties.
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No officer, member, or employee of City and no member of its governing body who ex-
ercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in which he or she has a direct or indirect interest.
21.
NEPOTISM
Organization shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is curremly employed by Organization, or is a member of
Organization's governing board. The term "member of immediate family" includes: wife, hus-
band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, steppar-
eM, stepchild, half-brother and half-sister.
22.
NOTICE
Any notice or other written instrumem required or permitted to be delivered under the
terms of this Agreemem shall be deemed to have been delivered, whether actually received or
not, when deposited in the United States mail, postage prepaid, registered or certified, return re-
ceipt requested, addressed to Organization or City, as the case may be, at the following ad-
dresses:
CITY ORGANIZATION
City of DeNon, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
Friends of the Family
ATTN: Executive Director
P.O. Box 640
Denton, TX 76202
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Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
23.
MISCELLANEOUS
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Organization 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.
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If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the re-
maining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
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In no event shall any payment to Organization hereunder, or any other act or failure of
City to insist in any one or more instances upon the terms and conditions of this Agree-
ment constitute or be construed in any way to be a waiver by City of any breach of cove-
nant or default which may then or subsequently be committed by Organization. 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, pow-
ers, privileges, or remedies are always specifically preserved. No representative or agent
of City may waive the effect of this provision.
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This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement, un-
derstanding, or other commitment occurring during the term of this Agreement, or subse-
quent thereto, have any legal force or effect whatsoever, unless properly executed in writ-
ing, and if appropriate, recorded as an amendment of this Agreement.
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In the event any disagreement or dispute should arise between the parties hereto pertain-
ing 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 interpre-
tation.
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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 of competent juris-
diction sitting in Denton County, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of ,2003.
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CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS
CITY SECRETARY
BY:
MICHAEL A. CONDUFF
CITY MANAGER
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY
CITY ATTORNEY
BY:
FRIENDS OF THE FAMILY
BY:
EXECUTIVE DIRECTOR
ATTEST:
BY:
BOARD SECRETARY
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EXHIBIT A
SCOPE OF SERVICES
Friends of the Family
The Scope of Services under this Agreemem shall be as follows:
SECTION I - ACTIVITY
ORGANIZATION shall provide services related to relationship violence.
Beneficiaries of the services to be provided hereunder must reside in the City of Demon and
ORGANIZATION shall provide services to low to moderate-income individuals; however, cli-
ems will be accepted without regard to income level, age, gender, race, national origin, physical
handicap, sexual preference, or political persuasion.
SECTION II - SERVICES
In order to complete the agreed upon activity ORGANIZATION shall provide the following ser-
vices:
· Meet or exceed the shelter guidelines of the appropriate licensing or accreditation entity.
· Provide a toll free, 24-hour crisis hotline available to residems of Demon in a relationship
violence crisis, sexual assault crisis or in need of information and referral.
· Provide protective residential shelter for families with 24-hour service to shelter resi-
dents.
· Provide relationship violence outreach including community education to all residems of
Demon with an emphasis on low-income areas of the community.
· Provide a sexual assault program including a rape crisis team on call 24 hours per day to
advocate for the victim, a Rape Crisis Advocate, information and support, and individual
and group counseling.
· Provide child and adolescem treatmem services for ages 3 through 17 including play
therapy, activity therapy, and individual and group therapy.
· Provide a batterers intervention program geared to facilitate the batterer to take responsi-
bility for his or her abusive behavior and generate non-comrolling, non-abusive behaviors
to handle situations.
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· Provide a parenting program designed specifically for families experiencing crisis and
extreme stress or refer victims of domestic violence to such a program in the community..
· Work with other human service agencies to assist homeless or potentially homeless fami-
lies to achieve self-sufficiency.
· Work with local homeless providers to provide housing and transitional services to home-
less and potentially homeless families who are victims of domestic violence and/or sexual
assault.
· Participate in the Denton County Homeless Coalition and provide statistical information
to the Denton County Homeless Coalition upon request in a reasonable time frame.
SECTION III - UNIT OF SERVICE
A unit of service will be the tool by which the CITY and the ORGANIZATION can measure
performance under this agreement. A unit of service shall be defined as services provided to an
individual as described in Section II - Services
SECTION IV- GOALS
ORGANIZATION shall provide not less than 500 units of service. The total number of units of
service required constitutes the performance target for the ORGANIZATION under this Agree-
ment. The ORGANIZATION will assist at least 12 City of Denton households to move from the
shelter into a transitional housing or permanent housing program during the term on this Agree-
ment.
ORGANIZATION shall provide the services listed in this Agreement within the monetary limits
contained in Exhibit B, entitled "Budget", attached hereto and incorporated by reference herein.
In no event shall compensation to the ORGANIZATION exceed the lesser of the ORGANIZA-
TION's costs attributable to the work performed as stated herein, or sum of Thirty Two Thou-
sand Four Hundred Dollars ($32,400.00).
Direct Service Outcome
SECTION IV - OUTCOMES
· Crisis intervention and assistance in a relationship violence crisis and/or sexual assault
crisis.
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· Protective residential shelter and transition to housing.
· Batterer's intervention to generate non-controlling, non-abusive behaviors to handle
situations.
· Increased parenting skills and family support network for families experiencing crisis and
extreme stress or victims of domestic violence.
· Assist to homeless or potentially homeless families to achieve self-sufficiency.
Community Outcome
Denton County Friends of the Family assists the City of Denton in the provision of services nec-
essary to (1) prevent and reduce relationship violence (2) continue allocation of scarce resources
to meet urgent community needs, as outlined in the 2000-2005 City of Denton Consolidated Plan
as Human Services objectives. Denton County Friends of the Family benefits the citizens of the
City of Denton and supports a coordinated effort to maximize community resources by working
with other service providers.
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Exhibit B
Budget
Denton County Friends of the Family
Allowable Expenditure
Employee Salaries
Budget Amount
$32,400
Total $32,400
Denton County Friends of the Family will be reimbursed on fee for service basis for the
salaries of direct care staff only.
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Date:
2003-2004
Exhibit C
Qualifying Income Limits for Federally Assisted Programs
Maximum Income Levels
Family
Size
1
2
3
4
5
6
7
8
Moderate Income
80% AMI - <65% AMI
Low Income
65% AMI - <50% AMI
Very-Low Income
50% AMI - <30% AMI
Extremely-Low Income
_<30% AMI
$37,250- $30,251
$42,550 - $34,601
$47,900- $38,901
$53,200- $43,251
$57,450- $46,701
$61,700- $50,151
$65,950- $53,601
$70,200- $57,051
Source:
$30,250 - $23,301
$34,600 - $26,601
$38,900- $29,951
$43,250- $33,251
$46,700- $35,901
$50,150- $38,551
$53,600- $41,251
$57,050- $43,901
$23,300 - $13,951
$26,600 - $15,951
$29,950 - $17,951
$33,250- $19,951
$35,900- $21,551
$38,550- $23,151
$41,250- $24,751
$43,900- $26,351
$13,950 or Below
$15,950 or Below
$17,950 or Below
$19,950 or Below
$21,550 or Below
$23,150 or Below
$24,750 or Below
$26,350 or Below
U.S. Department of Housing and Urban Development
Effective: October 2003
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AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
October 21, 2003
Economic Development
Mike Conduff ~
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Demon, Texas and SPAN inc. for providing nutritional meals for elderly or disabled low
to moderate income persons; providing for the expenditure of funds therefore; and providing for
an effective date.
BACKGROUND
The Human Services Advisory Committee recommended that the City of Demon provide
$29,000 from the general fund to SPAN, inc. to provide services senior households.
Services will include the following:
1. Provision of congregate meals to elderly citizens at the Denton Senior Center and at the
American Legion Hall.
2. Provision of home delivered meal to seniors living in the City of Demon
SPAN will target persons who are 60 years of age and older, persons at-risk, low income, frail
and minority elderly for home delivered meal assistance and provide other services as needed.
ESTIMATED PROJECT SCHEDULE
The funding agreement includes reimbursemem for services provided from October 1, 2003
through September 30, 2004.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Human Services Advisory Committee reviewed funding requests, developed a proposed
annual budget utilizing both Community Developmem Block Gram funds and City of Demon
General Fund dollars for human services. James McDade, HSAC Chairperson, presemed the
committee's recommendations to City Council on April 15, 2003.
FISCAL INFORMATION
Funding for the proposed program has been allocated in the City of Demon 2003-2004 Proposed
Annual Program of Services.
EXHIBITS
1. Ordinance
2. Funding Agreemem
Respectfully submitted:
Linda Ratliff
Director of Economic Development
Prepared by:
Barbara Ross
Community Development Administrator
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND SPAN INC. FOR PROVIDING NUTRITIONAL MEALS
FOR ELDERLY OR DISABLED LOW TO MODERATE INCOME PERSONS; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, SPAN Inc., a Texas non-profit corporation, (the "Organization") provides for
nutritional meals for elderly or disabled low to moderate income persons in the City of DeNon,
Texas (the "Program"); and
WHEREAS, the Organization and the City of Denton desire to enter into an agreement to
provide for the continuance of the Program which agreement is substantially in the same form as the
agreemem attached hereto and made a part hereof by reference (the "Public Service Agreemem");
and
WHEREAS, the Program is a part of the City's community developmem program as
authorized by Chapter 373 of the Local Government Code and it helps to eliminate conditions
detrimemal to the public health and safety by providing opportunities and services to low to
moderate persons in Denton that would otherwise not be available; and
WHEREAS, the Program and the Public Service Agreement are necessary to preserve and
protect the public health and safety of the City's residents by helping to insure that low to moderate
income elderly or disabled persons have nutritional meals, thereby preserving the health of such
persons; and
WHEREAS, City Council finds that if the Program and the Public Service Agreemem are not
available, persons would be at risk of being ill, thereby creating a substamial health and safety risk
for citizens of Denton; and
WHEREAS, City Council finds that the Public Service Agreemem and the expenditures
provided for in the Agreement are exempt from competitive bidding as a procurement necessary to
preserve or protect the public health or safety of the City's residents under Section 252.022(a)(2) of
the Local Government Code; and
WHEREAS, the City Council of the City of DeNon hereby finds that the Program and the
Public Service Agreemem serve importam municipal and public purposes and are in the public
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference imo the body of this ordinance as if fully set forth herein.
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SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Public
Service Agreement and to carry out the duties and responsibilities of the City under the Public
Service Agreement, including the expenditure of funds as provided in the Public Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ., 2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
EULINEBROCK, MAYOR
Page 2
2003-2004 SERVICE AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
SPAN, INC.
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home
Rule Municipal Corporation, hereinafter referred to as "City", and SPAN, Inc., 1800 Malone,
Denton, TX 76201, a non-profit corporation, hereinafter referred to as "Organization";
WHEREAS, City's Human Services Advisory Committee ("HSAC") has reviewed the
proposal for services and has determined that Organization performs an important service for the
residents of Denton without regard to race, religion, color, age or national origin, and HSAC
recommends the purchase of services; and
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose
of paying for contractual services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used:
To provide congregate meals to elderly citizens at the Denton Senior Center and at the
American Legion Hall.
B. To provide home delivered meal to seniors living in the City of Denton.
Target persons who are 60 years of age and older, persons at-risk, low income, frail and
minority elderly for home delivered meal assistance.
Organization shall perform those services described in the Work Statement herein attached
as Exhibit A.
OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following
terms and conditions:
Twenty-nine Thousand Dollars ($29,000.00) may be paid to Organization by City, and the
only expenditures reimbursed from these funds, shall be those in accordance with the
project budget, attached hereto as Exhibit B and incorporated herein by reference, for those
expenses listed in the scope of services as provided herein. Organization shall not utilize
these funds for any other purpose.
It will establish, operate, and maintain an account system for this program that will allow
for a tracing of funds and a review of the financial status of the program.
C. It will permit authorized officials of City to review its books at any time.
It will reduce to writing all of its rules, regulations, and policies and file a copy with City's
Community Development Division along with any amendments, additions, or revisions
whenever adopted.
It will not enter into any contracts that would encumber City funds for a period that would
extend beyond the term of this Agreement.
It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any
errors or discrepancies in bills shall be promptly reported to City's Community
Development Division for further direction.
It will appoint a representative who will be available to meet with City officials when
requested.
It will indemnify and hold harmless City from any and all claims and suits arising out of
the activities of Organization, its employees, and/or contractors.
I. It will submit to City copies of year-end audited financial statements.
TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following time frame:
October 1, 2003 through September 30, 2004, unless the contract is sooner terminated
under Section 7 "Suspension or Termination".
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
Organization shall comply with all applicable federal laws, laws of the State of Texas and
ordinances of the City of Denton.
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REPRESENTATIONS
Organization assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into
this Agreement.
The person or persons signing and executing this Agreement on behalf of Organization,
do hereby warrant and guarantee that he, she, or they have been fully authorized by
Organization to execute this Agreement on behalf of Organization and to validly and
legally bind Organization to all terms, performances and provisions herein set forth.
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
Organization or the person signing the Agreement to enter into this Agreement.
Organization 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.
Organization agrees that the funds and resources provided Organization 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, Organization had this Agreement not
been executed.
COVENANTS
During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, Organization shall not, without the prior written consent
of the Community Development Administrator or her authorized representative:
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of Organization 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 Organization which are allocated to the performance of this Agreement
and with respect to which City has ownership hereunder.
(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.
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(5)
Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds paid to Organization by City, unless City authorizes such
transfer.
Organization cannot use funds received under this Agreement to acquire or improve real
property.
Organization agrees, upon written request by City, to require its employees to attend
training sessions sponsored by the Community Development Office.
PAYMENTS
PAYMENTS TO ORGANIZATION. City shall pay to Organization a maximum amount of
money not to exceed Twenty-nine Thousand Dollars ($29,000.00) for services rendered
under this Agreement. City will pay these funds on a reimbursement basis to Organization
within twenty days after City has received supporting documentation. Organization's
failure to request reimbursement on a timely basis, may jeopardize present or future
funding.
EXCESS PAYMENT. Organization shall refund to City within ten working days of City's
request, any sum of money which has been paid by City and which City at any time
thereafter determines:
(1) has resulted in overpayment to Organization; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Organization's reimbursement request for any one month period will not exceed one-fifth
(1/5) of any budgeted line items for costs as specified in Exhibit B.
DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual expenditures
deviate from Organization's provision of a corresponding level of performance, as
specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such
under expended funds. If City finds that Organization is unwilling and/or unable to
comply with any of the terms of this Contract, City may require a refund of any and all
money expended pursuant to this Contract by Organization, as well as any remaining
unexpended funds which shall be refunded to City within ten working days of a written
notice to Organization to revert these financial assets. The reversion of these financial
assets shall be in addition to any other remedy available to City either at law or in equity
for breach of this Contract.
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CONTRACT CLOSE OUT. Organization shall submit the contract close out package to City,
together with a final expenditure report, for the time period covered by the last invoice
requesting reimbursement of funds under this Agreement, within 15 working days
following the close of the contract period. Organization shall utilize the form agreed upon
by City and Organization.
MAINTENANCE OF RECORDS
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Organization agrees to maintain records that will provide accurate, current, separate, and
complete disclosure of the status of the funds received under this Agreement, in
compliance with the provisions of Exhibit B, attached hereto, and with any other
applicable Federal and State regulations establishing standards for financial management.
Organization'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 Organization of fiscal accountability and liability under any other
provision of this Agreement or any applicable law. Organization shall include the
substance of this provision in all subcontracts.
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Organization agrees to retain all books, records, documents, reports, and written
accounting procedures pertaining to the operation of programs and expenditures of funds
under this Agreement for five years and under the conditions specified by City.
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Nothing in the above subsections shall be construed to relieve Organization of
responsibility for retaining accurate and current records that clearly reflect the level and
benefit of services provided under this Agreement.
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At any reasonable time and as often as City may deem necessary, the Organization shall
make available to City, HUD, or any of their authorized representatives, all of its records
and shall permit City, HUD, or any of their 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
requested by said representatives.
REPORTS AND INFORMATION
At such times and in such form as City may require, Organization shall furnish such
statements, records, data and information as City may request and deem pertinent to matters
covered by this Agreement.
Organization shall submit quarterly beneficiary and financial reports to City no less than
once each 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
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include information and data relative to all programmatic and financial reporting as of the
beginning date specified in Section 1 of this Agreement.
Unless the City has granted a written exemption, Organization shall submit an audit
conducted by independent examiners with ten days after receipt of such.
10.
EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored. Organization agrees to make available its financial
records for review by City at City's discretion. In addition, Organization agrees to provide City
the following data and reports, or copies thereof:
All external or internal audits. Organization shall submit a copy of the annual independent
audit to City within ten days of receipt.
B. All external or internal evaluation reports.
Quarterly performance/beneficiary reports to be submitted in January, April, July and
September, to include such information as requested by the City's Community
Development Division including but not limited to: number of persons or households
assisted, race, gender, disability status and household income. Beneficiary reports shall be
due to City within 15 working days after the completion of each quarter.
Organization agrees to submit quarterly financial statements in January, April, July, and
September. Each statement shall include current and year-to-date period accounting of all
revenues, expenditures, outstanding obligations and beginning and ending balances.
Financial reports shall be due to City within 15 working days after the completion of each
quarter.
E. An explanation of any major changes in program services.
To comply with this section, Organization agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the
services performed under this Agreement. Organization's record system shall contain
sufficient documentation to provide in detail full support and justification for each
expenditure. Organization agrees to retain all books, records, documents, reports, and
written accounting procedures pertaining to the services provided and expenditure of funds
under this Agreement for the period of time and under the conditions specified by the City.
Nothing in the above subsections shall be construed to relieve Organization of
responsibility for retaining accurate and current records that clearly reflect the level and
benefit of services provided under this Agreement.
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11.
DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall deliver 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. Organization understands and agrees that
City's representatives shall be afforded access to all meetings of its Board of Directors.
Minutes of all meetings of Organization's governing body shall be available to City within
ten days after Board approval.
12.
SUSPENSION OR TERMINATION
The City may terminate this Agreement with cause if the Organization violates any
covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or
filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law
or regulation to which it is bound under the terms of this Agreement.
The City may terminate this Agreement for convenience at any time. If the City terminates
this Agreement for convenience, Organization will be paid an amount not to exceed the
total amount of accrued expenditures as of the effective date of termination. In no event
will this compensation exceed an amount, which bears the same ratio to the total
compensation as the services actually performed bears to the total services of Organization
covered by the Agreement, less payments previously made.
In case of suspension, City shall advise Organization, in writing, as to conditions precedent
to the resumption of funding and specify a reasonable date for compliance.
In case of termination, Organization will remit to City any unexpended City funds.
Acceptance of these funds shall not constitute a waiver of any claim City may otherwise
have arising out of this Agreement.
13.
PERSONNEL POLICIES
Personnel policies shall be established by Organization and shall be available for
examination. Such personnel policies shall:
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 Organization and by City.
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14.
EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
Organization will submit for City approval, a written plan for compliance with the Equal
Employment and Affirmative Action Federal provisions, within 120 days of the effective
date of this Agreement.
Organization shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations.
Organization will furnish all information and reports requested by 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.
In the event of Organization's non-compliance with the non-discrimination requirements,
the Agreement may be canceled, terminated, or suspended in whole or in part, and
Organization may be barred from further contracts with City.
15.
WARRANTIES
Organization represents and warrants that:
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.
Any supporting financial statements heretofore requested by City and furnished to City, are
complete, accurate and fairly reflect the financial conditions of Organization 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 Organization.
C. No litigation or legal proceedings are presently pending or threatened against Organization.
None of the provisions herein contravene or are in conflict with the authority under which
Organization is doing business or with the provisions of any existing indenture or
agreement of Organization.
Organization 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.
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None of the assets of Organization are subject to any lien or encumbrance of any character,
except for current taxes not delinquent, except as shown in the financial statements
furnished by Organization to City.
Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment.
16.
CHANGES AND AMENDMENTS
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.
Organization may not make transfers between or among approved line items within budget
categories set forth in Exhibit B without prior written approval of the Community
Development Administrator for the City. Organization shall request, in writing, the budget
revision 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.
Organization will submit revised budget and program information, whenever the level of
funding for Organization or the program(s) described herein is altered according to the
total levels contained in any portion of Exhibit B.
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.
City may, from time to time during the term of the Agreement, request changes in Exhibit
A which may include an increase or decrease in the amount of Organization's
compensation. Such changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section.
Any alterations, deletions, or additions to the Contract Budget Detail incorporated in
Exhibit B shall require the prior written approval of City.
Organization agrees to notify City of any proposed change in physical location for work
performed under this Agreement at least 30 calendar days in advance of the change.
Organization shall notify City of any changes in personnel or governing board
composition.
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It is expressly understood that neither the performance of Exhibit A for any program
contracted hereunder nor the transfer of funds between or among said programs will be
permitted.
17.
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 Organization, Organization shall give written
notice thereof to City within two 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.
18.
INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that City is contracting
with Organization as an independent contractor and that as such, Organization
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 Organization.
Organization 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 or
employees.
19.
INSURANCE
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Organization shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under
this Agreement.
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The premises on and in which the activities described in Exhibit A are conducted, the
employees conducting these activities, shall be covered by premise liability insurance,
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commonly referred to as "Owner/Tenant" coverage with City named as an additional
insured. Upon request of Organization, City may, at its sole discretion, approve alternate
insurance coverage arrangements.
Organization will comply with applicable workers' compensation statutes and will obtain
employers' liability coverage where available and other appropriate liability coverage for
program participants, if applicable.
Organization will maintain adequate and continuous liability insurance on all vehicles
owned, leased, or operated by Organization. All employees of Organization 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 Organization's files.
Actual losses are not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remain the sole responsibility of Organization.
The policy or policies of insurance shall contain a clause which requires that City and
Organization be notified in writing of any cancellation or change in the policy at least 30
days prior to such change or cancellation.
20.
CONFLICT OF INTEREST
Organization 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. Organization
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.
Organization 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
himself/herself, or others; particularly those with which he/she has family, business, or
other ties.
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 participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in which he or she has a direct or indirect interest.
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21.
NEPOTISM
Organization shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is curreNly employed by Organization, or is a member of
Organization's governing board. The term "member of immediate family" includes: wife,
husband, son, daughter, mother, father, brother, sister, in-laws, auN, uncle, nephew, niece,
step-parent, step-child, half-brother and half-sister.
22.
NOTICE
Any notice or other written instrumeN required or permitted to be delivered under the
terms of this AgreemeN shall be deemed to have been delivered, whether actually received or
not, when deposited in the United States mail, postage prepaid, registered or certified, return
receipt requested, addressed to Organization or City, as the case may be, at the following
addresses:
CITY
City of DeNon, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
ORGANIZATION
SPAN, Inc.
ATTN: Executive Director
1800 Malone
Denton, TX 76201
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
23.
MISCELLANEOUS
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Organization 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.
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If any provision of this AgreemeN is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and coNinue to conform to the
original intent of both parties hereto.
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In no even shall any paymeN to Organization 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 subsequently be committed by Organization.
Neither shall such paymeN, 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,
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powers, privileges, or remedies are always specifically preserved. No represemative or
agent of City may waive the effect of this provision.
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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 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.
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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.
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This Agreemem shall be imerpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreement shall be in a court of competent
jurisdiction sitting in DeNon County, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreemem as of the day of ,2003
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS
CITY SECRETARY
BY:
MICHAEL A. CONDUFF
CITY MANAGER
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY
CITY ATTORNEY
BY:
SPAN, INC.
ATTEST:
BY:
EXECUTIVE DIRECTOR
BY:
BOARD SECRETARY
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EXHIBIT A
SCOPE OF SERVICES
SPAN, Inc.
The Scope of Services under this Agreemem shall be as follows:
SECTION I - ACTIVITY
ORGANIZATION shall provide congregate meals and home delivered meal assistance.
Beneficiaries of the services to be provided hereunder must reside in the City of DeNon and
ORGANIZATION shall provide services low-income persons who are age 60 years and older.
Organization will target persons who are 60 years and older, at-risk, low income, frail and
minority elderly for home delivered meal assistance.
SECTION II - SERVICES
In order to complete the agreed upon activity ORGANIZATION shall provide the following
services:
Congregate meals at the Denton Senior Center and the American Legion Hall to clients of
those respective facilities every Monday through Friday, with the exception of designated
holidays.
· Home delivered meal assistance to seniors living in the City of DeNon every Monday
through Friday, with the exception of designated holidays.
· Marketing of meal services to low-income, frail and minority elderly cliems.
SECTION III - UNIT OF SERVICE
A unit of service will be the tool by which the CITY and the ORGANIZATION can measure
performance under this agreemem. A unit of service shall be defined as one congregate or home
-delivered meal received by a cliem as described in Section II - Services.
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SECTION IV- GOALS
ORGANIZATION shall provide at least 15,000 units of service during the course of the contract
year. The total number of units of service required constitutes the performance target for the
ORGANIZATION under this Agreement. The ORGANIZATION will provide services to at
least 400 unduplicated City of Denton residents during the term on this Agreement. In addition,
at least 20% of cliems receiving meals services will come from minority households.
ORGANIZATION shall provide the services listed in this Agreemem within the monetary limits
contained in Exhibit B, entitled "Budget", attached hereto and incorporated by reference herein.
In no event shall compensation to the ORGANIZATION exceed the lesser of the
ORGANIZATION's costs attributable to the work performed as stated herein, or sum of Twenty
Nine Thousand Dollars ($29,000).
SECTION IV- OUTCOMES
Direct Service Outcome
The services of SPAN, Inc. create better memal and physical health for their cliems through
nutritious meals and socialization.
Community Outcome
SPAN, inc. assists the City of DeNon in the provision of necessary health care services for low
to moderate income special populations, individuals age 60 years and older, as outlined in the
2000-2005 City of DeNon Consolidated Plan for the use of Community Developmem Block
Grant funds. SPAN, Inc. benefits the citizens of the City of Denton and supports a coordinated
effort to maximize community resources by:
· Reduction in hunger and nutritional deficiencies for Citizens age 60 years and older.
· improved quality of life for Citizens age 60 years and older.
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Exhibit B
Budget
SPAN, Inc
Allowable Expenditure Budget Amount
Reimbursement for Meals $29,000
Total $29,000
Through this Service Agreement, the City of Denton will pay for a portion of the cost of each
congregate and home delivered meal. The City's reimbursement to SPAN, Inc. will be on a per
meal basis. Reimbursement requests may come to the City of Denton on a monthly or quarterly
basis.
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Date:
2003-2004
Exhibit C
Qualifying Income Limits for Federally Assisted Programs
Maximum Income Levels
Family
Size
1
2
3
4
5
6
7
8
Moderate Income
80% AMI - <65%
AMI
$37,250- $30,251
$42,550- $34,601
$47,900 - $38,901
$53,200- $43,251
$57,450- $46,701
$61,700- $50,151
$65,950- $53,601
$70,200- $57,051
Source:
Low Income
65% AMI - <50%
AMI
Very-Low Income
50% AMI - <30%
AMI
Extremely-Low
Income
_<30% AMI
$30,250- $23,301
$34,600- $26,601
$38,900- $29,951
$43,250- $33,251
$46,700- $35,901
$50,150- $38,551
$53,600- $41,251
$57,050-$43,901
$23,300- $13,951
$26,600- $15,951
$29,950-$17,951
$33,250- $19,951
$35,900- $21,551
$38,550- $23,151
$41,250- $24,751
$43,900- $26,351
$13,950 or Below
$15,950 or Below
$17,950 or Below
$19,950 or Below
$21,550 or Below
$23,150 or Below
$24,750 or Below
$26,350 or Below
U.S. Department of Housing and Urban Development
Effective: October 2003
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AGENDA DATE:
DEPARTMENT:
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AGENDA INFORMATION SHEET
October 21, 2003
Economic Development
Mike Conduff ~
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Demon, Texas and the Family Health Care, inc. for prenatal health care for low to
moderate income persons; providing for the expenditure of funds therefore; and providing for an
effective date.
BACKGROUND
The Human Services Advisory Committee recommended that the City of Demon provide
$30,000 from Community Developmem Block Grams funds to Family Health Care, inc. to
provide prenatal care to non-Medicaid eligible pregnam women residing in the City of Demon.
Services will include the following:
1. Initial prenatal visit with history.
2. Physical exam, lab work and sonograms.
3. Social worker assessmem
4. Work with the Denton County Health Department to provide outreach on prenatal care
and participate with the Denton County Health Department on any infant mortality
projects or work groups.
5. Referral to childbirth and paremhood classes
6. Advanced Practice Nurses (APN) will provide cliem care and consult with the
supervising physicians as appropriate
ESTIMATED PROJECT SCHEDULE
The funding agreement includes reimbursemem for services provided from October 1, 2003
through September 30, 2004.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Human Services Advisory Committee reviewed funding requests, developed a proposed
annual budget utilizing both Community Developmem Block Gram funds and City of Demon
General Fund dollars for human services. James McDade, HSAC Chairperson, presemed the
committee's recommendations to City Council on April 15, 2003.
FISCAL INFORMATION
Funding for the proposed program has been allocated in the City of Demon's 2003 Action Plan
for Housing and Community Development.
EXHIBITS
1. Ordinance
2. Funding Agreement
Respectfully submitted:
Linda Ratliff
Director of Economic Development
Prepared by:
Barbara Ross
Community Development Administrator
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND FAMILY HEALTH CARE INC. FOR PRENATAL
HEALTH CARE FOR LOW TO MODERATE INCOME PERSONS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Family Health Care Inc., a Texas non-profit corporation, (the "Organization")
provides for professional health care services for prenatal care for low to moderate income persons
in the City of Denton, Texas (the "Program"); and
WHEREAS, the Organization and the City of Denton desire to enter into an agreement to
provide for the continuance of the Program which agreement is substantially in the same form as the
agreemem attached hereto and made a part hereof by reference (the "Public Service Agreemem");
and
WHEREAS, the Program is a part of the City's community developmem program as
authorized by Chapter 373 of the Local Government Code and it helps to eliminate conditions
detrimemal to the public health and safety by providing opportunities and services to low to
moderate persons in Denton that would otherwise not be available; and
WHEREAS, the Program and the Public Service Agreement are necessary to preserve and
protect the public health and safety of the City's residents by helping to insure that low to moderate
income families have adequate prenatal health care; and
WHEREAS, City Council finds that if the Program and the Public Service Agreemem are not
available, persons would be at risk of having inadequate prenatal health care, thereby creating a
substamial health and safety risk for citizens of DeNon; and
WHEREAS, the Program is supervised and administered by professional personnel which
maintain health care licenses; and
WHEREAS, City Council finds that the Public Service Agreemem and the expenditures
provided for in the Agreement are exempt from competitive bidding as a procurement necessary to
preserve or protect the public health or safety of the City's residents under Section 252.022(a)(2) of
the Local Governmem Code and as a procuremem for professional services under Section
252.022(a)(4) of the Local Governmem Code; and
WHEREAS, the City Council of the City of DeNon hereby finds that the Program and the
Public Service Agreemem serve importam municipal and public purposes and are in the public
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Public
Service Agreement and to carry out the duties and responsibilities of the City under the Public
Service Agreement, including the expenditure of funds as provided in the Public Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ., 2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
EULINEBROCK, MAYOR
BY:
Page 2
2003-2004
CDBG SERVICE
AGREEMENT BETWEEN THE CITY OF DENTON AND
FAMILY HEALTH CARE, INCORPORATED
This Agreemem is made and emered imo by and between the City of DeNon, a Texas
municipal corporation, acting by and through its City Manager, pursuam to ordinance, hereinaf-
ter referred to as CITY, and Family Health Care, inc, 513 South Locust, Denton, TX 76201, a
Texas non-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 author-
ized budget for expenditure of funds for; and
WHEREAS, CITY has designated the Community Developmem Division as the division
responsible for the administration of this Agreement 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 accomplishment of the conditions hereinafter
described.
This Agreemem shall commence on or as of October 1, 2003 and shall terminate on Sep-
tember 30, 2004 unless sooner terminated in accordance with Section 25 "Termination".
RESPONSIBILITIES
CONTRACTOR hereby accepts the responsibility for the performance of all services and
activities described in the Scope of Services attached hereto as Exhibit A, and incorporated
herein by reference, in a satisfactory and efficiem manner as determined by CITY, in accordance
with the terms herein. CITY will consider CONTRACTOR's executive officer to be CON-
TRACTOR's representative responsible for the management of all contractual matters pertaining
hereto, unless written notification to the contrary is received from CONTRACTOR, and ap-
proved by CITY.
The CITY's Community Developmem Administrator will be CITY's represemative re-
sponsible for the administration of this Agreemem.
Beneficiaries of the activities to be provided hereunder must reside in the City of Demon
and CONTRACTOR certifies that the activities carried out with Community Development Block
Gram funds shall meet the program's National Objective of benefit to low and moderate-income
persons. CONTRACTOR shall provide services to persons whose income is equal to or lower
than 80% of the median income of the Dallas standard metropolitan statistical area. To accom-
plish this, the CONTRACTOR shall use the currem applicable income limits published by the
Department of Housing and Urban Development for lower income housing assistance under Sec-
tion 8 of the United States Housing Act of 1937 herein attached as Exhibit D. income eligibility
shall be determined by the sum of the gross income of all individuals residing in the household.
Services must be provided directly to or on behalf of specific idemified eligible cliems. Eligibil-
ity documemation must be included in each cliem's file and updated at least once during the con-
tract period.
CITY'S OBLIGATION
Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursu-
ant and in accordance with the project budget attached hereto as Exhibit B and the Scope
of Services herein attached as Exhibit A and incorporated herein by reference. Notwith-
standing any other provision of the Agreement, the total of all payments and other obliga-
tions made or incurred by CiTY hereunder shall not exceed the sum of Thirty Thousand
Dollars ($30,000.00).
Measure of Liability. In consideration of full and satisfactory services and activities
hereunder by CONTRACTOR and receipt of a requisition for payment with appropriate
documentation of expenditures, CITY shall make payments to CONTRACTOR based on
the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject
to the limitations and provisions set forth in this Section and Section 7 of this Agreement.
Payments may be contingent upon certification of the CONTRACTOR's financial man-
agement system in accordance with the standards specified in OMB Circular A-110, At-
tachment F.
(1)
The parties expressly understand and agree that CITY's obligations under this
Section are contingent upon the actual receipt of adequate Community Develop-
mere Block Gram (CDBG) funds to meet CiTY's liabilities under this Agreemem.
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 Agreemem.
if CDBG funds eligible for use for purposes of this Agreemem are reduced, CiTY
shall not be liable for further paymems due to CONTRACTOR under this Agree-
ment.
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It is expressly understood that this Agreement in no way obligates the General
Fund or any other monies or credits of the City of Demon.
(3) CITY shall not be liable for any cost or portion thereof which:
(a)
has been paid, reimbursed or is subject to paymem or reimbursemem,
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)
has not been billed to CITY within 90 calendar days following billing to
CONTRACTOR, or termination of the Agreement, whichever date is ear-
lier; or
(e)
is not an allowable cost as defined by Section 11 of this Agreemem or the
project budget.
(4)
CITY shall not be liable for any cost or portion thereof which is incurred with re-
spect to any activity of CONTRACTOR requiring prior written authorization
form CITY, or after CITY has requested that CONTRACTOR furnish data con-
cerning such action prior to proceeding further, unless and umil CiTY advises
CONTRACTOR to proceed.
(5)
CITY shall not be obligated or liable under this Agreement to any party other than
CONTRACTOR for paymem of any monies or provision of any goods or ser-
vices.
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 Governmem (U.S. Departmem of
Housing and Urban Development) under the Housing and Community Developmem Act of
1974, as amended, in accordance with an approved Gram Application and specific assurances.
Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of
the Housing and Community Developmem Act of 1974 (P.L. 93-383) as amended and with regu-
lations promulgated thereunder, and codified at 24 CFR 570. The foregoing is in no way mean
to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or ad-
ministrative ruling, or to narrow the standards which CONTRACTOR must follow.
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CONTRACTOR further accrues and certifies that if the regulations and issuances prom-
ulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as
provided in Section 23 of this Agreemem.
CONTRACTOR agrees to abide by the conditions of and comply with the requirements
of the Office of Managemem and Budget Circulars Nos. A-110, A-122, A-87 and A-133 as ap-
plicable.
B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas
and ordinances of the City of DeNon.
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CONTRACTOR is required to comply with the applicable uniform administrative re-
quiremems as described in 24 CFR 570.502 and 24 CFR 570 subpart K with the excep-
tions noted below:
CONTRACTOR does not assume CITY'S environmental responsibilities
described at CFR 570.604; and
(2)
CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR Part 52.
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REPRESENTATIONS
CONTRACTOR assures and guaramees that it possesses the legal authority, pursuam to
any proper, appropriate and official motion, resolution or action passed or taken, to emer
into this Agreement.
The person or persons signing and executing this Agreemem on behalf of CONTRAC-
TOR, do hereby warrant and guarantee that he, 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.
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 CON-
TRACTOR or the person signing the Agreement to enter into this Agreement. CON-
TRACTOR 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.
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
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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.
PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out all of the activities and
services set out in the SCOPE OF SERVICES, attached hereto and incorporated herein for all
purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorpo-
rated herein for all purposes and deemed by both parties to be necessary and sufficient payment
for full and satisfactory performance of the program, as determined solely by CiTY and in ac-
cordance with all other terms, provisions and requirements of this Agreement.
No modifications or alterations may be made in the Scope of Services without the prior
written approval of the City's Community Development Administrator.
PAYMENTS TO CONTRACTOR
Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum
amount of money totaling $30,000.00 for services rendered under this Agreement. CiTY
will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days
after CiTY has received supporting documentation of eligible expenditures. CONTRAC-
TOR's failure to request reimbursement on a timely basis may jeopardize present or fu-
ture funding.
Funds are to be used for the sole purpose of providing the services described in the Scope
of Services herein attached as Exhibit A and based on the budget herein attached as Ex-
hibit B.
Excess Payment. CONTRACTOR shall refund to CiTY within ten working days of
CiTY's request, any sum of money which has been paid by CiTY and which CiTY at any
time thereafter determines:
(1) has resulted in overpayment to CONTRACTOR; or
(2) has not been spent strictly in accordance with the terms of this Agreement; or
(3) is not supported by adequate documentation to fully justify the expenditure.
Disallowed Costs. Upon termination of this Agreement, should any expense or change
for which payment has been made be subsequently disallowed or disapproved as a result
of any auditing or monitoring by CITY, the Department of Housing and Urban Develop-
ment, or any other Federal agency, CONTRACTOR will refund such amount to CITY
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within ten working days of a written notice to CONTRACTOR, which specifies the
amount disallowed. Refunds of disallowed costs may not be made from these or any
funds received from or through CITY.
Reversion of Assets.
CONTRACTOR, upon expiration of this Agreement shall transfer to the CITY
any CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds.
(2)
If CITY finds that CONTRACTOR is unwilling and/or unable to comply with any
of the terms of this Contract, CITY may require a refund of any and all money
expended pursuant to this Contract by CONTRACTOR, as well as any remaining
unexpended funds which shall be refunded to CiTY within ten working days of a
written notice to CONTRACTOR to revert these financial assets.
Obligation of Funds. In the event that actual expenditure rates deviate from CON-
TRACTOR's provision of a corresponding level of performance, as specified in Exhibit
A, CiTY hereby reserves the right to reappropriate or recapture any such underexpended
funds.
Contract Close Out. CONTRACTOR shall submit the Agreement close out package to
CITY, together with a final expenditure report, for the time period covered by the last in-
voice requesting reimbursement of funds under this Agreement, within 15 working days
following the close of the Agreement period. CONTRACTOR shall utilize the form
agreed upon by CiTY and CONTRACTOR.
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WARRANTIES
CONTRACTOR represents and warrants that:
All information, reports and data heretofore or hereafter requested by CITY and fur-
nished 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.
Any supporting financial statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fairly reflect the financial condition of CONTRAC-
TOR on the date shown on said report, and the results of the operation for the period cov-
ered by the report, and that since said date, there has been no material change, adverse or
otherwise, in the financial condition of CONTRACTOR.
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No litigation or legal proceedings are presently pending or threatened against CON-
TRACTOR.
None of the provisions herein contravene 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 here-
under, and has taken all necessary action to authorize such acceptance under the terms
and conditions of this Agreement.
None of the assets of CONTRACTOR is subject to any lien or encumbrance of any char-
acter, 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 submission of each request for payment.
COVENANTS
During the period of time that payment may be made hereunder and so long as any pay-
ments remain unliquidated, CONTRACTOR shall not, without the prior written consent
of the Community Development Administrator or her authorized representative:
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of CONTRACTOR now owned or hereafter acquired by it, or permit any
pre-existing mortgages, liens, or other encumbrances to remain on, or attached to,
any assets of CONTRACTOR which are allocated to the performance of this
Agreement and with respect to which CITY has ownership hereunder.
(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, en-
tity or corporation as guarantor, surety, or accommodation endorser.
(5)
Sell, donate, loan or transfer any equipment or item of personal property pur-
chased with funds paid to CONTRACTOR by CITY, unless CiTY authorizes
such transfer.
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CONTRACTOR agrees, upon written request by CITY, to require its employees to attend
training sessions sponsored by the Community Development Division.
10.
ALLOWABLE COSTS
Costs shall be considered allowable only if incurred directly and specifically in the per-
formance of and in compliance with this Agreement and in conformance with the stan-
dards and provisions of Exhibits A and B.
Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written ap-
proval, even though certain items may appear herein. CITY's prior written authorization
is required in order for the following to be considered allowable costs:
Encumbrances or expenditures during any one month period which exceeds one-
tenth (1/10) of the total budget as specified in Exhibit B.
(2)
CITY shall not be obligated to any third parties, including any subcontractors of
CONTRACTOR, and CITY funds shall not be used to pay for any contract ser-
vice extending beyond the expiration of this Agreement.
(3) Out of town travel.
(4)
Any alterations or relocation of the facilities on and in which the activities speci-
fied in Exhibit A are conducted.
Any alterations, deletions or additions to the Personnel Schedule incorporated in
Exhibit B.
(6) Costs or fees for temporary employees or services.
(7) Any fees or payments for consultant services.
(8) Fees for attending out of town meetings, seminars or conferences.
Written requests for prior approval are CONTRACTOR's responsibility and shall be
made within sufficient time to permit a thorough review by CITY. CONTRACTOR must
obtain written approval by CITY prior to the commencement of procedures to solicit or
purchase services, equipment, or real or personal property. Any procurement or purchase
which may be approved under the terms of this Agreement must be conducted in its en-
tirety in accordance with the provisions of this Agreement.
Expenditures will not be reimbursed to CONTRACTOR for the purchase of real
property or equipment. These are not allowable costs under this agreement.
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11.
PROGRAM INCOME
For purposes of this Agreement, program income means earnings of CONTRACTOR
realized from activities resulting from this Agreement or from CONTRACTOR's man-
agement 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 con-
tract-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 Agree-
ment.
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 for-
mat prescribed by CITY. CITY and CONTRACTOR agree, that any fees collected for
services performed by CONTRACTOR shall be used for payment of costs associated
with service provision. Revenue remaining after payment of all program expenses for
service provision shall be considered Program Income and shall be subject to all the re-
quirements of this Agreement and the regulations found at CFR, Section 570.504.
CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which
involve other income-producing services or activities.
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 perform-
ance 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.
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12.
MAINTENANCE OF RECORDS
CONTRACTOR agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of the funds received under this Agreement, in
compliance with the provisions of Exhibit B, attached hereto, and with any other applica-
ble Federal and State regulations establishing standards for financial management includ-
ing OMB Circulars A-87, A-110, A-122 and A-133 as applicable; Title 24 CFR Section
570.502 (b); Title 24 CFR Sections 570.504 and 570.506 as they pertain to costs incurred,
audits, program income, administration and other activities and functions. CONTRAC-
TOR's record system shall contain sufficient documentation to provide in detail full sup-
port and justification for each expenditure. Nothing in this Section shall be construed to
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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.
CONTRACTOR agrees to retain all books, records, documents, reports, and written ac-
counting procedures pertaining to the operation of programs and expenditures of funds
under this Agreement for five years.
Nothing in the above subsections shall be construed to relieve CONTRACTOR of re-
sponsibility for retaining accurate and current records which clearly reflect the level and
benefit of services provided under this Agreement.
At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR
shall make available to CITY, HUD, or any of their authorized representatives, all of its
records and shall permit CITY, HUD, or any of their 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 requested by said representatives.
13.
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 information, including
race, income, female head of household and other statistics required by CITY. The financial re-
port shall include information and data relative to all programmatic and financial reporting as of
the beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports
shall be due to City within 15 working days after the completion of each quarter.
Unless the CITY has granted a written exemption, CONTRACTOR shall submit an audit
conducted by independent examiners in accordance with Generally Accepted Accounting Princi-
ples. if the CONTRACTOR receives more than $300,000 in federal funding, the audit must be
conducted in accordance with OMB Circular A-133 as applicable within thirty days after receipt
of such audit.
14.
MONITORING AND EVALUATION
CITY shall perform on-site monitoring of CONTRACTOR's performances under this
Agreement.
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CONTRACTOR agrees that CiTY may carry out monitoring and evaluation activities to
ensure adherence by CONTRACTOR to the Scope of Services, and Program Goals and
Objectives, which are attached hereto as Exhibit A, as well as other provisions of this
Agreement.
CONTRACTOR agrees to cooperate fully with CITY in the development, implementa-
tion 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 responsibili-
ties.
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.
After each official monitoring visit, CITY shall provide CONTRACTOR with a written
report of monitoring findings documenting findings and concerns that will require a writ-
ten response to the City. An acceptable response must be received by the City within 60
days from the CONTRACTOR's receipt of the monitoring report or audit review letter.
Future contract payments can be withheld for CONTRACTOR's failure to submit a re-
sponse within 60 days.
CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any
of CONTRACTOR's funding or regulatory bodies to CiTY within five working days of
receipt by CONTRACTOR.
15.
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 days after Board approval.
16.
INSURANCE
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.
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The premises on and in which the activities described in Exhibit A are conducted, and the
employees conducting these activities, shall be covered by premise liability 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 al-
ternate insurance coverage arrangements.
CONTRACTOR will comply with applicable workers' compensation statues and will
obtain employers' liability coverage where available and other appropriate liability cov-
erage for program participants, if applicable.
CONTRACTOR will maintain adequate and continuous liability 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.
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.
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 30
days prior to such change or cancellation.
17.
CIVIL RIGHTS / EQUAL OPPORTUNITY
CONTRACTOR shall comply with all applicable equal employment opportunity and af-
firmative action laws or regulations. The CONTRACTOR shall not discriminate against
any employee or applicant for employment because of race, color, creed, religion, na-
tional origin, gender, age or disability. The CONTRACTOR will take affirmative action
to insure that all employment practices are free from such discrimination. Such employ-
ment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other
forms of compensation and selection for training, including apprenticeship.
CONTRACTOR shall submit for CITY's approval, a written plan for compliance with
the Equal Employment and Affirmative Action Federal provisions, within 30 days of the
effective date of this Agreement
The CONTRACTOR agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Sec-
tion 109 of Title 1 of the Housing and Community Development Act of 1974 as
amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
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Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
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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.
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In the event of CONTRACTOR's non-compliance with the non-discrimination require-
ments, CITY may cancel or terminate the Agreement in whole or in part, and CON-
TRACTOR may be barred from further contracts with CITY.
18.
PERSONNEL POLICIES
Personnel policies shall be established by CONTRACTOR and shall be available for ex-
amination. Such personnel policies shall:
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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
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Be in writing and shall be approved by the governing body of CONTRACTOR and by
CITY.
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19.
CONFLICT OF INTEREST
CONTRACTOR covenants that neither it nor any member of its governing body pres-
ently 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. CON-
TRACTOR further covenants that in the performance of this Agreement, no person hav-
ing such interest shall be employed or appointed as a member of its governing body.
CONTRACTOR further covenants that no member of its governing body or its staff, sub-
contractors 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,
or others, particularly those with which he has family, business, or other ties.
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 participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporation, partnership, or
association in which he or she has a direct or indirect interest.
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20.
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" in-
cludes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew,
niece, step-parent, step-child, half-brother and half-sister.
21.
POLITICAL OR SECTARIAN ACTIVITY
A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be
employed by the CONTRACTOR with funds advanced pursuant to this Agreement shall be in
any way or to any extent engaged in any conduct or political activity in contravention of Chapter
15 of Title 5 of the United States Code.
B. The CONTRACTOR is prohibited from using funds provided herein or personnel em-
ployed in the administration of the program for: political activities; sectarian or religious activi-
ties, lobbying, political patronage or nepotism activities.
C. The CONTRACTOR agrees that none of the funds or services provided directly or indi-
rectly under this Agreement shall be used for any partisan political activity or to further the elec-
tion of defeat of any candidate for public office, or for publicity, lobbying and/or propaganda
purposes designed to support or defeat pending legislation. Employees of the CONTRACTOR
connected with any activity that is funded in whole or in part by funds provided to CONTRAC-
TOR under this Agreement may not under the term of this Agreement:
1. Use their official position or influence to affect the outcome of an election or nomi-
nation.
2. solicit contributions for political purposes; or
3. take an active part in political management or in political campaigns.
CONTRACTOR hereby agrees to sign a Certification Regarding Lobbying included herein as
Exhibit "C" and if necessary, the Disclosure of Lobbying Activities provided by the CITY.
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22.
PUBLICITY
Where such action is appropriate, CONTRACTOR shall publicize the activities con-
ducted by CONTRACTOR under this Agreemem. 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 Developmem Block Gram Program funding
through the City of Demon has made the project possible.
All published material and written reports submitted under this project must be originally
developed material unless otherwise specifically provided in this Agreemem. When ma-
terial 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 Com-
munity Developmem Block Gram Program, with funding received from
the United States Department of Housing and Urban Development.
All reports, documents, studies, charts, schedules, or other appended documentation to
any proposal, content of basic proposal, or contracts and any responses, inquiries, corre-
spondence and related material submitted by CONTRACTOR shall become the property
of CITY upon receipt.
23.
CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreemem shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
CONTRACTOR may not make transfers between or among approved line items within
budget categories set forth in Exhibit B without prior written approval of CITY. CON-
TRACTOR shall request, in writing, the budget revision in a form prescribed by CITY,
and such request for revision shall not increase the total monetary obligation of CITY un-
der this Agreement. In addition, budget revisions cannot significantly change the nature,
intent, or scope of the program funded under this Agreement.
S:\Our D ........ \C ........ \03\Family llcal/hCa~o. DOC Page 15 of 26
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CONTRACTOR will submit revised budget and program information, whenever the
level of funding for CONTRACTOR or the program(s) described herein is altered ac-
cording to the total levels contained in any portion of Exhibit B.
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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 writ-
ten amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation.
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CITY may, from time to time during the term of the Agreement, request changes in Ex-
hibit A, which may include an increase or decreased in the amount of CONTRACTOR's
compensation. Such changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section.
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Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Ex-
hibit B shall require the prior written approval of CITY.
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CONTRACTOR agrees to notify CITY of any proposed change in physical location for
work performed under this Agreement at least 30 calendar days in advance of the change.
Ho
CONTRACTOR shall notify CITY of any changes in personnel or governing board com-
position.
It is expressly understood that neither the performance of Exhibit A for any program con-
tracted hereunder nor the transfer of funds between or among said programs will be per-
mitted.
24.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly per-
form each of the requirements, time conditions and duties provided herein, CITY, without limit-
ing any rights it may otherwise have, may, at its discretion, and upon ten working days written
notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be
given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The no-
tice 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 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 com-
pliance, the provisions of Section 25 may be effectuated.
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25.
TERMINATION
CITY may terminate this Agreement for 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 sus-
pension as provided in Section 24.
(2) CONTRACTOR's failure to materially comply with any of the terms of this Agree-
ment.
(3) CONTRACTOR's violation of covenants, agreements or guarantees of this Agree-
ment.
(4) Termination or reduction of funding by the United States Department of Housing and
Urban Development.
(5) 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 reason-
able requirements;
(c)
is delinquent in payment of taxes, or of costs of performance of this
Agreement in the ordinary course of business.
(6)
Appointment of a trustee, receiver or liquidator for all or substantial part of CON-
TRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of
or liquidation proceedings by or against CONTRACTOR.
(7) CONTRACTOR's inability to conform to changes required by Federal, State and lo-
cal laws or regulations as provided in Section 4, and Section 2, of this Agreement.
(8) The commission of an act of bankruptcy.
(9) 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 in Exhibit B.
S:\Our D ........ \C ........ \03\Family llcal/hCa~o. DOC Page 17 of 26
CITY may terminate this Agreement for convenience at any time. If CITY terminates this
Agreement 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 actually performed bears to the total services of CONTRACTOR covered by
the Agreement, less payments previously made.
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 CONTRAC-
TOR's organization not occasioned by a breach of this Agreement.
Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise
terminate any outstanding orders or subcontracts, which relate to the performance of this
Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors
for any expenses, encumbrances or obligations whatsoever incurred after the termination
date listed on the notice to terminate referred to in this paragraph.
Notwithstanding any exercise by CITY of its right of suspension or termination, CON-
TRACTOR 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.
26.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any per-
son(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give
written notice thereof to CITY within two working days after being notified of such claim, de-
mand, 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 ei-
ther personally or by mail.
27.
S:\Our D ........ \C ........ \03\Family llcal/hCa~o. DOC Page 18 of 26
INDEMNIFICATION
It is expressly understood and agreed by both parties hereto that CITY is contract-
ing with CONTRACTOR as an independent contractor and that as such, CON-
TRACTOR 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 ac-
count 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.
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.
28.
NON-RELIGIOUS ACTIVITES
The CONTRACTOR will provide all services under this Agreement in a manner that is exclu-
sively non-religious in nature and scope. There shall be no religious services, proselytizing, in-
struction or any other religious preference, influence or discrimination in connection with pro-
viding the services hereunder.
29.
MISCELLANEOUS
mo
CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any in-
terest therein, or any claim arising thereunder, to any party or parties, bank, trust com-
pany or other financial institution without the prior written approval of CITY.
Bo
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the re-
maining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
Co
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 CONTRAC-
TOR. 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,
S:\Our D ........ \C ........ \03\Family llcal/hCa~o. DOC Page 19 of 26
Do
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which rights, powers, privileges, or remedies are always specifically preserved. No repre-
sentative or agent of CITY may waive the effect of this provision.
This AgreemeN, together with referenced exhibits and attachmeNs, constitutes the eNire
agreement between the parties hereto, and any prior agreement, assertion, statement, un-
derstanding or other commitment antecedent to this Agreement, whether written or oral,
shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, un-
derstanding, or other commitment occurring during the term of this Agreement, or subse-
quent thereto, have any legal force or effect whatsoever, unless properly executed in writ-
ing, and if appropriate, recorded as an amendmeN of this AgreemeN.
mo
In the event any disagreement or dispute should arise between the parties hereto pertain-
ing 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 interpre-
tation.
For purposes of this Agreement, all official communications and notices among the par-
ties shall be deemed made if sen postage paid to the parties and address set forth below:
Go
TO CITY:
City Manager
City of DeNon
215 E. McKinney
Denton, Texas 76201
TO CONTRACTOR:
Family Health Care, Inc
ATTN: Patrice Capan, Executive Director
513 South Locust
Denton, TX 76201
This AgreemeN shall be iNerpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this AgreemeN shall be in a court competeN jurisdic-
tion sitting in Denton County, Texas.
IN WITNESS OF WHICH this AgreemeN has been executed on this the
of ,2003.
day
CITY OF DENTON
BY:
MICHAEL A. CONDUFF
CITY MANAGER
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ATTEST:
JENNIFER WALTERS
CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY
CITY ATTORNEY
BY:
FAMILY HEALTH CARE, INC.
BY:
EXECUTIVE DIRECTOR
ATTEST:
BOARD SECRETARY
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EXHIBIT A
SCOPE OF SERVICES
FAMILY HEALTH CARE, INCORPORATED
The Scope of Services under this Agreemem shall be as follows:
SECTION I - ACTIVITY
CONTRACTOR shall provide prenatal care to non-Medicaid eligible pregnam women.
Beneficiaries of the services to be provided hereunder must reside in the City of Demon and
CONTRACTOR shall provide services to low to moderate income non-Medicaid eligible preg-
nam women.
SECTION II - SERVICES
In order to complete the agreed upon activity CONTRACTOR shall provide the following
services:
· Initial prenatal visit with history
· Physical exam
· Sonogram and follow-up sonogram
· Lab work
· Social worker assessment
· Work with the Denton County Health Department to provide outreach on prenatal care
and participate with the Denton County Health Department on any infant mortality pro-
jects or work groups.
· Referral to childbirth and parenthood classes
· Advanced Practice Nurses (APN) will provide client care and consult with the supervis-
ing physicians as appropriate
SECTION III - UNIT OF SERVICE
A unit of service will be the tool by which the CITY and the CONTRACTOR can measure per-
formance under this agreement. A unit of service shall be defined as the appropriate prenatal
S:\Our D ........ \C ........ \03\Family llcal/hCa~o. OOC Page 22 of 26
services to an individual clieN including but not limited to the services as described in Section II
- Services
SECTION IV - GOALS
CONTRACTOR shall provide not less than twelve units of service per month. The total number
of units of service required constitutes the performance target for the CONTRACTOR under this
Agreement. The CONTRACTOR will provide services to approximately twelve women per
month from the City of Denton will be served through the prenatal program persons during the
term on this Agreement.
CONTRACTOR shall provide the services listed in this AgreemeN within the monetary limits
contained in Exhibit B, entitled "Budget", attached hereto and incorporated by reference herein.
In no event shall compensation to the CONTRACTOR exceed the lesser of the CONTRAC-
TORS's costs attributable to the work performed as stated herein, or sum of Thirty Thousand
Dollars ($30,000.00).
SECTION IV - OUTCOMES
Direct Service Outcome
Five perceN or less of the newborn babies of mothers served by the program will have a
low birth weight rate of 5.8 lbs. or less.
The rate of Gestational Diabetes in mothers will be 4% or less.
First trimester enrollment for the program will be at least 40%.
Community Outcome
Family Health Care, Incorporated assists the City of DeNon in the provision of health care ser-
vices necessary for low-income and indigen special populations, pregnaN women, as outlined in
the 2000-2005 City of DeNon Consolidated Plan for the use of Community DevelopmeN Block
Grant funds. Family Health Care benefits the citizens of the City of Denton and supports a coor-
dinated effort to maximize community resources by:
· Pre-natal services to low and moderate income women assisting in the reduction of the
City's rate of infaN mortality, Gestation Diabetes, and pre-mature births.
Work with the Denton County Health Department to provide outreach on prenatal care
and participate with the Denton County Health Department on any infant mortality pro-
jects or work groups.
· Increasing the opportunity for improvement in pareNal awareness, information, and skills
through referrals to childbirth and pareNhood classes.
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Budget
Exhibit B
FAMILY HEALTH CARE, INCORPORATED
Allowable Expenditure Budget Amount
Initial Visit $114.00 $30,000.00
Return or Postpartum $ 47.00
Ultrasound $105.00
Follow up Ultrasound $ 55.00
Non-Stress Test $ 35.00
Nutritionist Visit $ 45.00
Case Managemem $ 35.00
Total $30,000.00
Family Health Care, Inc. will be reimbursed on a fee for service basis for services provided to
residents of Demon. Fees for particular services are described above.
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Exhibit C
Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, re-
newal, amendment, or modification of any Federal contract, grant, loan or coopera-
tive agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an em-
ployee of a Member of Congress in connection with a Federal contract, grant, loan
or cooperative agreement, the undersigned shall complete and submit Standard
Form-ILL, "Disclosure Form to Report Lobbying," in accordance with its instruc-
tions.
(3) The undersigned shall require that the language of this Certification be included in
the award documents for all subawards at all tiers (including subcontractors, sub-
grants and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of the certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, title 31, US Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Grantee
Signature Title
Date: 2003-2004
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Exhibit D
Qualifying Income Limits for Federally Assisted Programs
Maximum Income Levels
Family
Size
1
2
3
4
5
6
7
8
Moderate Income
80% AMI - <65% AMI
Low Income
65% AMI - <50% AMI
Very-Low Income
50% AMI - <30% AMI
Extremely-Low Income
_<30% AMI
$37,250- $30,251
$42,550 - $34,601
$47,900- $38,901
$53,200- $43,251
$57,450- $46,701
$61,700- $50,151
$65,950- $53,601
$70,200- $57,051
Source:
$30,250 - $23,301
$34,600 - $26,601
$38,900- $29,951
$43,250- $33,251
$46,700- $35,901
$50,150- $38,551
$53,600- $41,251
$57,050- $43,901
$23,300 - $13,951
$26,600 - $15,951
$29,950 - $17,951
$33,250- $19,951
$35,900- $21,551
$38,550- $23,151
$41,250- $24,751
$43,900- $26,351
$13,950 or Below
$15,950 or Below
$17,950 or Below
$19,950 or Below
$21,550 or Below
$23,150 or Below
$24,750 or Below
$26,350 or Below
U.S. Department of Housing and Urban Development
Effective: October 2003
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AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
October 21, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Alex Pettit 349-8595
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance awarding a comract for the purchase of annual maimenance
for the City of DeNon Cisco (Smartnet) networked devices including switches, hubs, routers, and
Cisco IP phone equipmem for all equipmem located in City facilities as awarded by the State of
Texas Building and Procuremem Commission through the Catalog Information Service Vendor
(CISV) Catalog Program; providing for the expenditure of funds therefore; and providing an
effective date (File 3093-Annual Maimenance for Cisco Networked Devices awarded to
Forsythe Solutions Group in the amoum of $65,347.17).
FILE INFORMATION
The Cisco network provides mission critical connections for all departments. These connections
support all phone and data services for the City of Denton. Maintenance of this equipment is
essemial as it impacts all mission critical service delivery for the City. This maimenance insures
availability of knowledge and support resources.
RECOMMENDATION
We recommend award of this item to Forsythe Solutions Group in the amoum of $65,347.17.
The complete maintenance renewal proposal is on file at the office of the Purchasing Agent.
PRINCIPAL PLACE OF BUSINESS
Forsythe Solutions Group, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
Maimenance comract schedule coverage begins December 1, 2003 ending on November 30,
2004.
FISCAL INFORMATION
This item will be funded from 830200.6504.
Agenda Information Sheet
October 21, 2003
Page 2
Attachment 1: CISV letter
1-AlS-File 3093
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
tttacl~ent 1
F
October 1,2003
Mr. John Durnell
City of Denton
601 E. Hickory, Suite A
Denton, Texas 76205
Dear Mr. Dumell,
This letter is in response to your inquiry regarding our QISV catalogue for the
State of Texas and our recent quote for Cisco Smartnet coverage, The Cisco
Smartnet pricing provided by Forsythe Solutions Group, Inc. to the City of Denton
is always offered at or below the published price in the QIS¥ catalogue.
If you have further questions or concerns regarding this quote, please feel free to
contact me at 214-597-6840.
Sincerely,
Angelia Upchurch
5800 Granite Park ff~10, Piano, Texas 75024, 972-543-6200 Ofc, 972-543-6201 Fax
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF ANNUAL
MAINTENANCE FOR CITY OF DENTON CiSCO NETWORKED DEVICES iNCLUDING
SWITCHES, HUBS, ROUTERS, AND CiSCO iP PHONE EQUIPMENT FORALL EQUIPMENT
LOCATED iN CITY FACILITIES AS AWARDED BY THE STATE OF TEXAS BUILDING AND
PROCUREMENT COMMISSION THROUGH THE CATALOG INFORMATION SERVICE
VENDOR (CiSV) CATALOG PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (FILE 3093-ANNUAL
MAINTENANCE FOR CiSCO NETWORKED DEVICES AWARDED TO FORSYTHE
SOLUTIONS GROUP iN THE AMOUNT OF $65,347.17).
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
Building and Procurement Commission information Service Vendor Catalog Purchase Method
provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "CiSV Catalog");
and
WHEREAS, the herein described vendor is a qualified vendor in the CiSV Catalog 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 CiSV Catalog
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
3093 Forsythe Solutions Group $ 65,347.17
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 Building
and Procurement 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
Building and Procurement Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the Building and Procurement 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 Building and Procurement 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 purchase orders, 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 ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3092
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
October 21, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Alex Pettit 349-8595
ACM: Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance awarding a comract for the purchase of maimenance and
services for the LaserFiche Document Imaging System currently being used by the City of
DeNon as awarded by the State of Texas Building and Procuremem Commission through the
Catalog Information Service Vendor (CISV) Catalog Program, providing for the expenditure of
funds therefore; and providing an effective date (File 3095-Maimenance and Services for
LaserFiche Document Imaging System awarded to VP Imaging, Inc. in the amount of
$40,265.35).
FILE INFORMATION
This request covers the software license maintenance and services for the LaserFiche Document
Imaging solmion that is being used by the City of DeNon for applications in the Police
Department, Fire Department, Municipal Court, Legal Department, City Secretary's Office,
Engineering, Utility Administration, Electric Administration, Tax, Facilities Management, and
Human Resources. This maintenance will insure access to knowledge resources, patches,
software updates, and support resources.
Phase I of the City of DeNon imaging project included the trial and selection of VP Imaging to
implemem the LaserFiche Documem Imaging Application by providing software licenses for the
City Secretary's Office and the Legal Departmem.
Phase II of the documem imaging project included the upgrade of software licenses from two to
ten and the initial deploymem of hardware and software by VP Imaging in Municipal Court,
Engineering, Utilities Administration at City Hall, Utility Administration at the Service Center,
Tax, and Human Resources.
Phase III of the project included system software upgrades/enhancemems and implememation
services for the LaserFiche Documem Imaging Application solmion that was being used by the
City of Denton. Included in Phase III was the upgrade of existing software licensing to
LaserFiche 6.0 SQL Emerprise Server, LaserFiche Emerprise 50 Users, LaserFiche Emerprise
100 Viewers, Snapshot Site License, LaserFiche E-mail Site License; the purchase of additional
enhancement software, Snapshot Add-on, DocuNav3 Tool Bar, and DocuNav Auto File, used to
save time indexing and converting information, and system point upgrades for existing
LaserFiche Enterprise Weblink, LaserFiche Integrator Toolkit, and LaserFiche Plus Publisher.
Agenda Information Sheet
October 21, 2003
Page 2
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
Phase i: The trial and selection process of using the LaserFiche Document Imaging Application
for the City of Demon started on April 13, 2000 Purchase Order 04969.
Phase ii: On January 8, 2002, the City Council approved Purchase Order 102246 to VP Imaging
for initial deployment of LaserFiche document imaging to Human Resources, Municipal Court,
Engineering, Tax, and Utilities.
Phase iii: On November 5, 2002, the City Council approved File 2909 to VP Imaging for
upgrades and enhancements to the LaserFiche Imaging System for Human Resources, Fire,
Police, Legal, Engineering, Municipal Court, City Manager's Office, City Secretary's Office,
and Utilities, as recommended by the imaging Committee.
RECOMMENDATION
We recommend award of this item to VP Imaging, Inc. in the amoum of $40,265.35.
PRINCIPAL PLACE OF BUSINESS
VP Imaging, Inc.
Lubbock, TX
ESTIMATED SCHEDULE OF PROJECT
This renewal maimenance and services will be in effect from October 25, 2003 through October
24, 2004.
FISCAL INFORMATION
This item will be funded from Technology Services User Support Budget 830500.6504.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1:
Attachment 2:
1-AlS-File 3095
Quote From VP Imaging
CiSV Certification
Att~c~e~t 1
-
iMAG'iNG
'g, .~, c u m e n ' S o I u t i-o n s
P O Box 94011
Lubbock, Texas 79493 ~ Quote# 310492
806-784-0055 FAX 806-771-0925 Date: 09123103
VID# 1752738222400
Cody Beffis
Customer ID:
Ci~ of Denton De,ton
215 E. McKinney Street Note: A~I quotes expire 30 days from
Denton, Texas 76201 above date. Please call your VPt contact
for any change&
I g~ gaserFiche Renewal Suppo~ for one year, October 25, 2003 ~rough $ 33,465.35 $ 33,465.35
October 25, 2004. 'This includes LaserFiche se~ice pac~ and point
apgmdes. VP Imaging Tec~ical Suppog, one year, unlimited suppo~ ~a
~hone, f~, email, M-F, 8AM-5PM, CST, call toll ~ee (800) 353-2320.
LaserFiche LSAP for the follo~ng items:
LF SQL EnteCdse Se~er, LF Ente~fise 50 user, LF Ente~dse ~ 100,
LF Ente~fise WebLink, LF Toolkit, LF CD ~blisher, LF Snapshot Site,
LF Email Site, LF Audit-Trait, DocuNav Snap Add-On Site, DocuNav
ToolBar Site, Do,ay AutoFile 3, Doc Creator, DSC Digi~l Silage
Ga~mre 6.
86 ~IYR ~ Imaging On-Site Training, Technical Suppoa ~or Scanner Suppo~, $85.00 $ 6,800.00
one ye~, ~ $85.00~r plus pa~s. Hours to be divided a~ needed.
$'
$ -
$
$
$
$ -
.~ $ 40,2~5.35
~Please review this quote. Let us know if you have any qu~tions or need additional · '
information. We look fo~ard to working with you,
Thank you, Nadine.
$ 40,265.35
Attachment 2
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MAINTENANCE
AND SERVICES FOR THE LASERFICHE DOCUMENT IMAGING SYSTEM CURRENTLY
BEING USED BY THE CITY OF DENTON AS AWARDED BY THE STATE OF TEXAS
BUILDING AND PROCUREMENT COMMISSION THROUGH THE CATALOG
INFORMATION SERVICE VENDOR (CISV) CATALOG PROGRAM, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE
3095-MAINTENANCE AND SERVICES FOR LASERFICHE DOCUMENT IMAGING SYSTEM
AWARDED TO VP IMAG1NG, INC. 1N THE AMOUNT OF $40,265.35).
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
Building and Procurement Commission Information Service Vendor Catalog Purchase Method
provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "CISV Catalog");
and
WHEREAS, the herein described vendor is a qualified vendor in the CISV Catalog 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 CISV Catalog
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
3095 VP Imaging, Inc. $ 40,265.35
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 Building
and Procurement 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
Building and Procurement Commission, and the purchase orders issued by the City.
veriz ,,n
500 E. Caq~ente~ Fwy, TXD1917E
irving, TX
City o£ Denton
215 E. McKinney
Denton, TX. 76201
Vcrizon Enterprisc Solutions Group is a QISV vendor and pricing submitted
by Vevizon ESO is at or below QISV pricing.
If you have any questions regard~ing Verizon ESG QISV status or questions
regarding pricing iht the City of Denton Please contact me directly.
Sincerely, ~
Daniel Mendez
Corporate Account 'Manager
972-719-3203 ph
972-281-2524
Daniet. Mendez(b),Vcrizon.com
V. crizon ESG
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
October 21, 2003
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Alex Pettit 349-8595
SUBJECT
Consider adoption of an Ordinance awarding a comract for the purchase of annual maimenance
for City of DeNon Nortel Phone System including 24 hr/7 day support on all equipmem located
in City of Denton facilities as awarded by the State of Texas Building and Procurement
Commission through the Catalog Information Service Vendor (CISV) Catalog Program,
providing for the expenditure of funds therefore; and providing an effective date (File 3097-
Annual Maintenance for Nortel Phone System awarded to Verizon Southwest in the amount of
$42,400.08).
FILE INFORMATION
The Nortel phone system provides mission critical support for all departmems within the City.
Maintenance of this equipment is essential as it impacts all mission critical service delivery for
the City. It is essential for the City of Denton to upkeep current maintenance with the vendor in
order to ensure availability of parts, software fixes, and access of knowledge and support
resources.
RECOMMENDATION
We recommend award of this item to Verizon Southwest in the amoum of $42,400.08.
PRINCIPAL PLACE OF BUSINESS
Verizon Southwest
Irving, TX
ESTIMATED SCHEDULE OF PROJECT
This maimenance comract schedule is for the 2003-2004 term ending June 30, 2004.
FISCAL INFORMATION
This item will be funded from accoum 830200.6504.
Agenda Information Sheet
October 21, 2003
Page 2
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1:
Attachment 2:
1-AlS-File 3097
Maintenance Contract Schedule
CISV Letter
Attachment 1
September 30, 2003
John Dumell
City of Denton
601 E. Hickory
Denton, Texas 76205
De, John:
The following indicates the break down of the maintenance conWact in effect Eom Julylst, 2003 to June
30m2004.
PBX's:
City Hall (612 ports)
Service Center (91)
City Hail East (128)
Waste Water (86)
Spencer (64)
$2.75/port + $0.35/port(24X7 VSP) = $22,766.40
$2.75/port + $0.35/port(24X7 VSP) = $ 3,385.20
$2.75/port + $0.35/po~t(24X7 VSP) = $ 4,761.60
$2.75/port + $0.35/port(24X7 VSP) = $ 3,199.20
$2.75/port + $0.35/port(24X7 VSP) - $ 2,380.80
Norstars:
Office Hours:
North Lakes Annex
Animal Control
*Community developmem
*Denia
*MLK
*Northlake
Denton Municipal Airport
$ 382.92
$ 418.72
$ 382.92
$ 382.92
$ 324.0O
$ 382.92
$ 421.68
24 X 7 coverage:
Denton Fire station # 2
Denton Fire station #3
Denton Fire station fi4
Denton Fke station #5
Denton Fire station #6
$ 478.68
$ 478.68
$ 478.68
$ 517.08
$ 5O8.68
Discount ($ 1,651.00)
Monthly payment schedule fee
$ 2,400.00
Total Maintenance Contract $ 42,400.08
*Sites no longer have equipment.
The contract has been renewed at the same price even though some sites no longer have
equipment. Removing sites would require truing up the port count and would have raised costs in
relation to the port count.
* The next maintenance agreement will reflect all changes.
Voice Mail maintenance was not charged but included in this agreement. Normal pricing for PBX
voice mail is $16/voice mail port/month. Norstar voice mail pricing is normally $8.50/voice mail
port/month
Sincerely,
Daniel Mendez
Verizon Enterprise Solution Group
972-719-3203 ph
Daniel. Mendez~vefizon. com
veriz ,,n
500 E. Caq~ente~ Fwy, TXD1917E
irving, TX
City o£ Denton
215 E. McKinney
Denton, TX. 76201
Vcrizon Enterprisc Solutions Group is a QISV vendor and pricing submitted
by Vevizon ESO is at or below QISV pricing.
If you have any questions regard~ing Verizon ESG QISV status or questions
regarding pricing iht the City of Denton Please contact me directly.
Sincerely, ~
Daniel Mendez
Corporate Account 'Manager
972-719-3203 ph
972-281-2524
Daniet. Mendez(b),Vcrizon.com
V. crizon ESG
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF ANNUAL
MAINTENANCE FOR CITY OF DENTON NORTEL PHONE SYSTEM iNCLUDING 24 HR/7
DAY SUPPORT ON ALL EQUIPMENT LOCATED IN CITY OF DENTON FACILITIES AS
AWARDED BY THE STATE OF TEXAS BUiLDiNG AND PROCUREMENT COMMISSION
THROUGH THE CATALOG INFORMATION SERVICE VENDOR (CiSV) CATALOG
PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROViDiNG AN EFFECTIVE DATE (FILE 3097-ANNUAL MAINTENANCE FOR NORTEL
PHONE SYSTEM AWARDED TO VERiZON SOUTHWEST OF DALLAS IN THE AMOUNT
OF $42,400.08).
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
Building and Procurement Commission information Service Vendor Catalog Purchase Method
provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "CiSV Catalog");
and
WHEREAS, the herein described vendor is a qualified vendor in the CiSV Catalog 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 CiSV Catalog
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
3097 Verizon Southwest $ 42,400.08
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 Building
and Procurement 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
Building and Procurement Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the Building and Procurement 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 Building and Procurement 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 purchase orders, 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 ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3097
Page 2
AGENDA DATE:
DEPARTMENT:
AGENDA INFORMATION SHEET
October 21, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Charles Wiley 349-7925
Alex Pettit 349-8595
ACM: Kathy DuBose, Fiscal and Municipal Services ~'%
SUBJECT
Consider adoption of an Ordinance awarding a contract for the purchase of an annual contract to
provide continued wireless connectivity service to the Public Safety Mobile Computers as
awarded by the State of Texas Building and Procurement Commission through the Catalog
information Service Vendor (CiSV) Catalog Program, providing for the expenditure of funds
therefore; and providing an effective date (File 3098-Annual Contract for Continued Wireless
Connectivity awarded to AT & T Wireless in an amount not to exceed $105,000).
FILE INFORMATION
This purchase order is for the annual contract to supply CDPD and GPRS Wireless Services to
Police, Fire, and EMS mobile computers.
·Scope of Services:
o To provide Cellular Digital Packet Data CDPD service, also known as
Wireless intemet Access to Public Safety Mobile Computers
o To provide Frame Relay service to support CDPD connectivity. The frame
relay allows the CDPD traffic to attach to the Public Safety Network
o Migration to provide General Packet Radio Services GPRS service, as the
CDPD is phased out it will be replaced by GPRS
o Migrations to provide Frame Relay service to support GPRS connectivity, as
the CDPD Frame Relay is phased out
· intended use of Service:
o Primarily, Police, Fire, and EMS personnel using mobile computers will
access the Public Safety Network via the CDPD/GPRS to communicate and
pass data relevant to their job function.
RECOMMENDATION
We recommend award of this item to AT & T Wireless in the amount of $105,000.
PRINCIPAL PLACE OF BUSINESS
AT & T Wireless
Kirkland, WA
Agenda Information Sheet
October 21, 2003
Page 2
ESTIMATED SCHEDULE OF PROJECT
Service is connected at this time, this is a continuation of existing service and it is billed month
to month. This contract is intended to cover the annual requirement for all services herein.
During this fiscal year, the service will be upgraded to GPRS without any disruption of service
or additional hardware costs to the City. Migration will begin sometime in November 2003.
FISCAL INFORMATION
This item will be funded from 830700.7944.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1:
Attachment 2:
1-AlS-File 3098
AT & T Wireless Proposal
CISV Letter
Attachment 1
AT&T Wireless Proposal
The City of Denton - Valid for CDPD Migration. Valid until October 30, 2003
THE CITY OF DENTON
PROPOSAL FOR MOBILE DATA
MIGRATION FROM CDPD TO
AT&T WIRELESS GPRS NETWORK
9/24/2003
BY
KENNETH M~lLLER
CORPORATE ACCOUNT ]~ANGER
469-229-7077
CHARLES HERGET
APPLICATION SOLUTION CONSULTANT
214-755-4030
AT&T Wireless Proposal
The City of Denton - Valid for CDPD Migration. Valid until October 30, 2003
Pricing Model for GPRS Services. City of Denton
9/24/2003
Qty Description
One Time Set Up costs for CDPD
Migration
1 Set up for APN with Fixed Range
30 Sierra Wireless 750 PCMCIA cards
110 Sierra Wireless Trunk Mount MP750
140 Activation Fee for GPRS Service
Each Rate
$ 1,000.00
$ 299.99 $ 8,999.70
$ 999.99 $109,998.90
$ 36.00 $ 5040.00
Discount
(1,000.00) $
(8,999.70) $
(109,998.90) $
(5040.00) $
Net
Totaf for One Time Charges
$125,038.60 $ (125,038.60) $
Qty
140
140
Monthly Reoccurring Charges for
GPRS
Monthly Rate for GPRS Frame 128K
GPRS Pooled 40 MB rate for
Government
APN Charge
Value
$ 549.00
Contracted
Monthly Rate Discount
$ 549.00 $ (0)
$ 69.99 $ 9,798.60 $ (1,469.79)
$ 3.00 $ 420.00 $ (0)
Net
Monthly
Charges
less Taxes
$ 549.00
$ 8,328.81
$ 420.O0
Sub Totals for Monthly Services
Estimated Taxes & Fees @ 0%
Totals with Estimated Taxes
$10,767.60
$ o
$ (1,469.79)
$ 9,297.81
$ o
$ 9,297.81
At tael~eflt 2
5601 Legacy Drive
MS A-2
Plano, TX 75024
October 1, 2003
Timothy Smith
Assistant to the Chief for
Information Technology
Denton Police Department
601 E. Hickory St., Suite E
Denton, Tx. 76205
Dear Sir:
It is with pleasure that we at AT&T are able to offer you tiffs proposal for GPRS service. All of the
included prices and costs are equal to or lower than those prices offered on the state CISV (formerly
QISV).
We certainly appreciate your understanding in our effort to m/grate data users off of our CDPD
network and onto our new, faster GPRS network. We feel that the offer made to your city is one
which you will find extremely attractive.
I look forward to working with you in the near future.
Sincerely,
Charles Hcrget
Appl/cation Solutions Consultant
charles.herget~attws.com
214-755-4030
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN ANNUAL
CONTRACT TO PROVIDE CONTINUED WIRELESS CONNECTIVITY SERVICE TO THE
PUBLIC SAFETY MOBILE COMPUTERS AS AWARDED BY THE STATE OF TEXAS
BUILDING AND PROCUREMENT COMMISSION THROUGH THE CATALOG
INFORMATION SERVICE VENDOR (CiSV) CATALOG PROGRAM, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE
3098-ANNUAL CONTRACT FOR CONTINUED WIRELESS CONNECTIVITY AWARDED TO
AT & T WIRELESS IN AN AMOUNT NOT TO EXCEED $105,000).
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
Building and Procurement Commission information Service Vendor Catalog Purchase Method
provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "CiSV Catalog");
and
WHEREAS, the herein described vendor is a qualified vendor in the CiSV Catalog 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 CiSV Catalog
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
3098 AT & T Wireless $105,000
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 Building
and Procurement 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
Building and Procurement Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the Building and Procurement 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 Building and Procurement 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 purchase orders, 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 ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3098
Page 2
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
October 21, 2003
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Alex Pettit 349-8595
SUBJECT
Consider adoption of an Ordinance awarding a comract for the purchase of annual maimenance
for the Novell Network Infrastructure Licenses to include Novell Node, ZenWorks Node,
BorderManager, Novell Secure Login, Novell Portal Services, Novell iChain, Novell GroupWise
Mailbox, and DirXML as awarded by the State of Texas Building and Procuremem Commission
through the Catalog Information Service Vendor (CISV) Catalog Program, providing for the
expenditure of funds therefore; and providing an effective date (File 3099-Annual Maimenance
for Novell Network Infrastructure Licenses awarded to SHI-Government Solutions in the amount
of $76,061.29).
FILE INFORMATION
This purchase order is for the renewal of annual maimenance of our Novell Network Licenses,
the acquisition of 125 additional licenses of ZENWorks to cover additional workstations and
servers, and the maimenance charges for the additional licenses. The licensed products are:
Novell Node (User, primer, server), ZenWorks Node, BorderManager, Novell Secure Login,
Novell Portal Services, Novell iChain, Novell GroupWise Mailbox, and DirXML. This
maintenance will assure access to knowledge resources, patches, software updates, and support
resources, and impacts all City departmems and City services.
RECOMMENDATION
We recommend award of this item to SHI-Governmem Solutions in the amoum of $76,061.29.
PRINCIPAL PLACE OF BUSINESS
SHI-Government Solutions
Austin, TX
ESTIMATED SCHEDULE OF PROJECT
This contract will cover new Novell licenses and maintenance, and existing license maintenance
for the period September 21, 2003 through August 31, 2004.
Agenda Information Sheet
October 21, 2003
Page 2
FISCAL INFORMATION
This item will be funded from operating budget 830500.6504.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Quotation/CISV Price Certification from SHI-Government Solutions
1-AlS-File 3099
At tacNment 1
SHI-Government Solutions
Pdcing Proposal
Quotation #: 557380
Quote Valid Until: 10t31t2003
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
Sandra Pisula
1250 Capital of Texas Hwy South,
Suite 1-350
Austin, TX 78746
Phone: 800-870-6079
Fax: 512~732-0232
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 Netware Node Maintenance 900 20,35 18,315.00
Mfg Part~: MNT-005178-001
2 Groupwise Mailbox Maintenance
Mfg Part~k MNT-005152-O01
972 17.19 16,708.68
3 Border Manager User Maintenance 900 5.21 4,689.00
Mfg PaddY. MNT-O05278~O01
4 ZENworks for Desktops/Server Suite User Maintenance 875 li.46 10,027.50
Mfg Part~: MNT-005331-001
5 Novell Portal Services User Maintenance 856 7.8t 6,685,36
Mfg Par'C: MNT-005207-001
6 iChain User Maintenance 900 1.30 1,170.00
Mfg Part~: MNT-005270-001
7 SecureLogin 3.0 1-User Maintenance - Annual maintenance required with license. 900 10.42 9,378.00
Current maintenance period ends August 31st; renewal maintenance due each
September let.
Mfg Part~: MNT-005201-O01
8 ZENWORKS 6 SUITE 1-USER E-LICENSE - ANNUAL MAINTENANCE REQUIRED 125 67.7t 8,463.75
WiTH LICENSE. CURRENT MAINTENANCE ENDS AUGUST 31ST; RENEWAL
MAINTENANCE DUE EACH SEPTEMBER 1ST.
Mfg Pad#: 979-000172-001
Note: *new licenses as per audit findings*
9 DfRXML DRIVER 2.0 FOR GROUPWlSE 1-USER MAINTENANCE. - ANNUAL 800 0.78 624.00
MAINTENANCE REQUIRED WITH LICENSE. CURRENT MAINTENANCE ENDS
AUGUST 31ST; RENEWAL MAINTENANCE DUE EACH SEPTEMBER 1ST.
Mfg PartCk. MNT-005593-001
Total 76,061.29
Additional Comments
Novell Master License Agreement Maintenance for the period: Sept. 1, 2003 -August 31, 2004
*** PLEASE REFERENCE YOUR NEW MLA MEMBERSHIP NUMBER 127352-MSX0804 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
below catalog
Thank You for choosing SHI-G$! To ensure the best level cf service, please provide End User Name, Phone Number, and E-Maif
Address when submitting e Purchase Order. Our DIR Software Contract Number is 34 3-001A.
For any additional information including Hardware Contract Numbers, please contact an SHI-GS Sales Representative at 800-870-
6079,
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF ANNUAL
MAINTENANCE FOR THE NOVELL NETWORK INFRASTRUCTURE LICENSES TO
INCLUDE NOVELL NODE, ZENWORKS NODE, BORDERMANAGER, NOVELL SECURE
LOGIN, NOVELL PORTAL SERVICES, NOVELL ICHA1N, NOVELL GROUPWISE MAILBOX,
AND DIRXML AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT
COMMISSION THROUGH THE CATALOG INFORMATION SERVICE VENDOR (CISV)
CATALOG PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (FILE 3099-ANNUAL MAINTENANCE FOR
NOVELL NETWORK INFRASTRUCTURE LICENSES AWARDED TO SHI-GOVERNMENT
SOLUTIONS 1N THE AMOUNT OF $76,061.29).
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
Building and Procurement Commission Information Service Vendor Catalog Purchase Method
provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "CISV Catalog");
and
WHEREAS, the herein described vendor is a qualified vendor in the CISV Catalog 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 CISV Catalog
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
3099 SHI-Government Solutions $ 76,061.29
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 Building
and Procurement 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
Building and Procurement Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the Building and Procurement 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 Building and Procurement 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 purchase orders, 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 ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
October 21, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Vance Kemler 349-8044
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance of the City of DeNon, Texas authorizing the City Manager to
execute a professional services agreement with ETTL Engineering and Consulting, Inc. for
hydrogeological consulting and analytical services pertaining to the City of DeNon Landfill
(MSW Permit No 1590A); authorizing the expenditure of funds therefore; providing for
retroactive ratification and approval thereof; and providing an effective date. (RFP 3092-in an
amoum not to exceed $40,897.52).
BID INFORMATION
The City of Demon Landfill is required to perform and submit ground water monitoring reports
on its twemy existing monitor wells and two leachate sumps on a semi-annual basis to the Texas
Commission on Environmemal Quality (TCEQ).
ETTL Engineering and Consulting, Inc. drilled the monitor wells and provided monitoring and
reporting information to the TCEQ and the Solid Waste Departmem for the four previous years.
They are familiar with DeMon's geological site conditions located in the woodbine formation,
and possess staff capable of monitoring and accurately interpreting Denton's groundwater data
within this formation.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at its September 15, 2003 meeting.
RECOMMENDATION
We recommend award of this bid to ETTL Engineering and Consulting, Inc. in an amount not to
exceed $40,897.52.
PRINCIPAL PLACE OF BUSINESS
ETTL Engineering and Consulting Inc.
Tyler, TX
Agenda Information Sheet
October 21, 2003
Page 2
ESTIMATED SCHEDULE OF PROJECT
This professional services agreement will become effective upon Council approval and end on
September 30, 2004.
FISCAL INFORMATION
Funding for this service will be provided from account 660300.7855.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ETTL ENGINEERS & CONSULTANTS, INC. FOR HYDROGEOLOGICAL
CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF
DENTON LANDFILL (MSW PERMIT NO. 1590A); AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE
RATIFICATION AND APPROVAl, THEREOF; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council deems that it is in the public interest to continue to
engage ETTL Engineers & Consultants, Inc., a Corporation, of Tyler, Texas ("ETTL"), to
provide professional hydrogeological consulting and analytical services for the City
pertaining to the City of Denton Landfill (MSW Permit No. 1590A); the City Council has
engaged ETTL for a number of consecutive years to perform these services, and has been
satisfied as to the quality and reasonable price of their work; and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the above-referenced professional consulting services, and that limited
City staff cannot adequately perform the specialized services and tasks with its own
personnel; and
WHEREAS, it is necessary for the professional services provided by ETTL to
begin on October 1, 2003, and the timing involved in the contract approval process dictates
that tiffs ordinance be ratified and approved effective as of October 1, 2003, which
continues the professional services contracted by the City with ETTL for similar services
for the City's landfill, without interruption, for the past twelve months; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act", generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the
provider on the basis of demonstrated competence, knowledge, and qualifications, and for
a fair and reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a
Professional Services Agreement with ETTL Engineers & Consultants Inc., a Corporation,
of Tyler, Texas, for further professional hydrogeological consulting and analytical services
pertaining to the City of Denton Landfill (MSW Permit No. 1590A); in substantially the
form of the Professional Services Agreement attached hereto as Exhibit "A," and
incorporated herewith by reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
continued demonstrated competence, knowledge, and qualifications of ETTL and the
continued demonstrated ability of ETTL to perform the services needed by the City for a
fair and reasonable price.
SECTION3: That the expenditure of funds as provided in the attached
Professional Services Agreement is hereby authorized.
SECTION4: That the effective date of the Professional Services Agreement
approved hereby, is hereby ratified and made effective as of the 1st day of October, 2003.
SECTION 5: That otherwise, except as stated in Section 4 hereinabove, this
ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the __ day of ., 2003.
ATTEST:
JENNWER WALTERS, CITY SECRETARY
EULINEBROCK, MAYOR
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documents\Ordinances\03\ETTL Eng/neers-Landfill-PSA 2003-2004 or&doc
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT
FOR HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
PERTAINING TO THE CiTY OF DENTON LANDFILL
THIS AGREEMENT is made, entered into, and effective as of the 1~t day of October, 2003, by
and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at
215 East McKinney Street, Denton, Texas 76201 ¢teminafler "OWNER"); and ETTL E~ &
Consultants, Inc., a Corporation, with its corporate office at 1717 East Erwin Street, Tyler, Texas
75702~6398 (hereinatter 'CONSULTANT"); the parties acting herein by and through their respective
duly-authorized representatives and officers.
WITNESSETH, that in consideration of the covenants and agxeements herein contained, the
parties hereto do mutually AGREE as follows:
ART[CT,F~ T
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated
in the Articles to follow, with diligence and in accordance with the professional standards customarily
obtained for such services in the State of Texas. The professional services set forth herein are in
connection with the following descn~ project (the "Project"):
Providing professional hydrogeological consulting and analytical services pertaining to the City of
Denton Landfill (MSW Permit No. 1590A) for the period beginning on October 1, 2003 and ending on
Septem[~ 30, 2004. ETTL shall serve as the OWNER's professional services consultant relative to all
landfill ground-water monitoring, data review, reporting (including, wkhout limitation, two semi-
annual detection ground-water monitoring events), and general geological and hydrogeological
consulting services, where needed on the Project.
ARTICI,I~, TI
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner:
To perform all those services as are set forth in the CONSULTANT's "Proposal" to the City of
Denton, Texas contained in that certain three (3) page letter fi~om Leslie A. Jeske, P.G.,
Operations Manager/Hydrogeologist of CONSULTANT to David Dugger, Landfill
Superintendent of OWNER, dated August 1, 2003, which letter is attached hereto as Exaha'bit
"A" and is incorporated herewith by reference.
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If there is any conflict that arises between the terms of this Agreement and the "Probable Cost
Estimate" (August i, 2003), Exhibit "13" attached to this Agreement, then the terms and
conditions of ExMbit "13" shall control over the terms and conditiom of the Agreement.
ARTICI.l~. Ill
ADDITIONAL SERVICES
Any Additional Services to be performed by CONSULTANT, ifamhorized by OWNER, which
are not incMded as Basic Services in the above-descn'bed Scope of Services, set forth in Article 1I
above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writhxg,
the scope of such Additional Services, the amount of compensation for such additional services, and
other essential terms pertaining to the provision of such Additional Services by CONSULTANT. A
partial listing of possible Additional Services and the hourly rates and the amounts therefor, are set
forth on page two (2) of the "Probable Cost Estimate" which is attached hereto as Exh~it "B" and
incorporated by reference berewMz
PERIOD OF SERVICE
The parties hereby agree that in any ever/t, this Agreement shall be effective as of October 1,
2003. Work shall commence upon the issuance of a notice to proceed to CONSULTANT by the
OWNER. This Agreement shall remain in force for the period which may reasonably be required for
the completion of the Project, including Additional Services, if any, and any required extensions
approved by the OWNER, or until Septemt~ 30, 2004, whichever event shall fa-st occur. This
Agreemem may be sooner temfinated in accordance with the provisions hereof. TIME IS OF THE
ESSENCE IN THE PERFORMANCE AND COMPLETION OF THIS AGREEMENT.
CONSULTANT shall make all reasonabie efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule(s) reasonably established by the OWNER, acting
through its Director of Solid Waste or his designee.
ARTIC~.F, ¥
COMPENSATION
COMPENSATION TERMS:
"Direct Non-Labor Expense" is defined as th_at expense [other than "per diem" expense],
based upon actual cost plus fifteen (15%) percent, for any out-of-pocket expense
reasonably incurred by the CONSULTANT related to its peffo~ ofthis Agreement,
for long distance telephone charges, telecopy charges, messenger services, printing and
reproduction expenses, out-of-pocket expends for purchased computer time, prudently
incurred travel e~s related to the work on the Project, and similar incidental expenses
incurred in cormecfion with the Project.
BILLING AND PAYMENT:
For and in consideration of the professional services to be perfonn~ by CONSULTANT herein,
OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic
Services tasks set forth in the Scope of Services as shown in Article II above; as follows:
CONSULTANT shall perform its work on this Project on an hourly fee basis, plus
Co
reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly, or for longer
periods oftime. CONSULTANT shall bill from time sheets, in minimum ¼ hour increments of
time, at the rates and subject to the terms set forth in CONSULTANT's "Probable Cost
Estimate" which is contained in E~bit "B" heretofore referred to in Article III. OWNER shall
pay to CONSULTANT for its professioml services performed, and for its out-of pocket
expenses incurred in the Project, a total amount not to exceed $40,897.52.
2. Partial payments to the CONSULTANT will be made monthly based on the percent of.
actual completion of the Basic Services, rendered to and approved by the OWNER thro~ its
Director of Solid Waste or his designee. However, under no circumqances shall any monthly
statement for services exceed the value of the work performed at the time a statement is
rendered. The OWNER may with~ld the final ten (10%) percent of the above not-to-exceed
amount tmtil satisfactory completion of the Project by CONSULTANT.
3. Nothing contained in this Article shall require the OWNER to pay for any work that is not
submitted in compliance with the terms of this Agreement. OWNER shall not be required to
make any payments to CONSULTANT at any time when CONSULTANT is in definlt under
4. It is specifically understood and agreed that the CONSULTANT shall not be authorized
to tmdertake any work pursuant to this Agreement which would require additional payments by
the OWNER for any charge, expense or reimlmmement above the not-to-exceed amount as
stated hereinabove, without first having obtained the prior written authori~t_ion of the OWNER.
CONSULTANT shall not proceed to perform any services to be later provided for under
Article 1II. "Additional Services" without f~ obtaining prior written authorization from the
OWNER.
ADDITIONAL SERVICES: For Additional Services authorized in writing by the OWNER
in Article Ili. hereinabove, CONSULTANT shall be paid based on a to-be-agreed-upon
Schedule of Omrges. Payme~ for Additional Services shall be due and payable upon
submission by the CONSULTANT, and shall be in aceordame with Exl-a'bit "B" attached hereto,
and Article V.B. hereimtx>ve. Statements for Basic Services and any Additional Services shall
be submitted to OWNER no more frequently than once monthly.
PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services
and expemes within forty-five (45) days after receipt of the CONSULTANT's undisputed
statement thereof} the amounts due the CONSULTANT will be increased by the rote of one
percent (1%) per month from and after the said forty-fffih (45th) day, and in addition, thereafter,
the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend
services under this Agreement until the CONSULTANT has been paid in full for all amounts
then due and owing, and not disputed by OWNER, for senSces, expenses and charges.
Provided, however, nothing here~ shall require the OWNER to pay the late charge of one
percent (1%) per month as set forth herein, if the OWNER reasonably detern-fr~ that the
CONSULTANT's work is not submitted in accordance with the terms of this ~ment, in
accordance with Article V.B. of this Agreemem, and OWNER has promptly notified
CONSULTANT of that fact in writing.
ARTICT.E VI
OBSERVATION AND REVIEW OF IZ[E WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of CONSULTANT.
OWNERSHIP OF DOCUMENTS
All documents prepared or fia'nished by the CONSULTANT pursuant to this Agreement are
inslnn'mmts of service and shall become the property of the OWNER upon the termination of this
Agreement. The CONSULTANT is entitled to retain copies of all such.documents. The documents
prepared and furnished by the CONSULTANT are intended only to be applicable to th/s project and
OWNER's use of these documents in other projects shall be at OWNER's sole risk and expeme. In the
event the OWNER uses the Agreement in ano~ project or for other lmrtx>ses than spedfied herein
any of the inforrrattion or materials developed pursuant to this A_greetnem, CONSULTANT is released
from any and all liatn~-ty rehting to their use in that project.
ARTTO. I,~ VITT
INDEPENDENT CO~CTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee
status.
ARTICI,'I2 ix
RqDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials,
officers, agents, attorneys and employees fi.om and against any and all liability, chims, demands,
damages, losses and expenses, including but not limited to court costs and reasonable attorney fees
incurred by the OWNER, and including w/thom lin-dtafion damages for bodily and personal injury,
death, or property damage, resulting fi.om the negligent acts or omissions ofthe CONSULTANT or its
officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of
No~ng in this Agreement shall be construed to create a liability to any person who is not a party
to this Agreement and nothing herein shall waive any of the party's defenses, both at hw or equity, to
any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the
defense of governmental hnmunity, which defenses are hereby expressly reserved.
ARTIC. I ~ y
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall maintain
the following insurance with an insurance company licensed to do business in the State of Texas by the
State Insurance Board or any successor agency, that has a rating with A. M.' Best Rate Carriers of at
least an"A-" or above:
Comprehensive General Liability Insurance with bodily injury lknits of not less than $1,000,000
for each occurrence and not less than $1,000,000 in the aggregate, and with.property damage
limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate.
Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each
person and not less than $1,000,000 for each accident and with Pml~ty damage lknits for not
tess than $100,000 for each accident.
Worker's Compensation Insurance in accordance with statutory requirements, and Employer's
Liability Insurance with limits ofnot less than $I00,000 for each accident.
Professional L/ability inmmnce or appropriate Errors & Om/ssions Imumrr~ with limits of not
less than $1,000,000 annual aggregate.
CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's
request to evidence such coverages. The insurance policies shall name the OWNER as an
additional insured on all such policies to the extent that is legally possible, and shall contain a
provision that such insurance shall not be cat~lled or modified without thirty 00) days prior
written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior
to the effective date of the change or cancellation of coverage, deliver copies of any such
substitute policies, furnishing at least the same policy limits and coverage, to OWNER.
ARTICI.I~. ~
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties will make efforts tO settle any disputes arising under this ~ by submitting
the dispute to arbitration or other means of alternate dispute resolution such as mediation. However,
no arbitration or other form of alternate dispute resolution arising out o£ or relating to this Agreement
involving one party's disagreement may include the other party to the disagreement without the other's
approval.
Bo
ARTICT.I~.
TERIVI1NATION OF AGREEMENT
Notwit~ing any other provision of this Agreement, either party may terrain_ e this
Agreement by providing thirty (30) days advance written notice to the other party.
This Agree~ may alternatively be terminated in wbole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination will be
effected unless the other party is given (1) written notice (delivered by certified mail, mann
receipt requested) of intent to terminate and setting forth the reasom specifying the
nonperfo~ or other reason(s), and not less than thirty 00) calendar days to cure the failure;
and (2) an opportunity for consultation with the terminating party prior to termination.
If the ~ is terminged prior to completion of the services to be provided hereunder,
CONSULTANT shall ~iat_ely cease all services upon receipt of the written notice of
termination 5om OWNER, and shall render a final bill for services to the OWNER within twenty
(20) days at, er the date of termination. The OWNER shall pay CONSULTANT for all services
properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of
termination being received by CONSULTANT, in accordame with Article V. of this
Agreement. Should the OWNER subsequently contract with a new consultant for the
continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the new consultant. If applicable, OWNER shall allow
CONSULTANT a reasonable time to transition and to mm over the Project to a new consultam.
CONSULTANT shall turn over all docmnents prepared or furnished by CONSULTANT
pursuant to this Agreement to the OWNER on or before the date of terrnination, but may
maintain copies of such documents for its files.
~KTICLEXm
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
respons~fity and liability of the CONSULTANT, its officers, employees, or agents, for the accuracy
and competency of their work performed pursuant to this Ageengnt; nor shall such approval by the
OWNER he deemed as an assun'q~on of such responsa'bility by the OWNER for any defect in the work
prepared by the CONSULTANT, its principals, officers, employees, and agents.
ARq]CT.~ ~
NOTICES
All notices, communications, and repons required or permitted under this Agreement shall be
persomlly delivered to; or telecopied to; or mailed to the respective parties by depositing same in the
United States mail at the addresses shown below, postage prepaid, certified mail, return recent
requested, unless otherwise spec~ herein.
To CONSULTANT:
To OWNER:
ETTL Engineers & Commltants, Inc.
Leslie A. Jeske, ~ions Manager/Hydrogeologist
1717 East Erwin Street
Tyler, Texas 75702
Fax: (903) 595-6113
City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
Fax: (940) 349-8596
All notices under this Agreement shall he effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first
OOgur.
ARTICI.R X'~
ENTIRE AGREEMENT
This Agreement consisting of ten (10) pages and two (2) Exhibits t~mto, said Extnbits
cOnsisting of three (3) and two (2) pages ~ely, constitutes the complete and final expression of
the Agreement of the parties and is intended as a complete and exehsive statement of the terms of their
agreements, and supersedes all prior confen~raneous offers, promi.qes, representations, negotiations,
discussions, communications, understmxti~s, and agreements which may have been made in
connection with the subject matter of this Agreement.
SEVERABILITY
Ifany provision of this Agreement is found or deemed by a court of competent jurisdiction to be
invalid or unenforceable, it shall be considered severable fiom the ~ of this Agreement, and
shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this
Agreement, to the extent reasonably poss~le, to replace such stricken provision with a valid and
enforceable provision which comes as close as poss~le to expressing the original intentions of the
parties respecting any such stricken provision.
ARTTCI.R
COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and'
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or
ARTICT,I~. XVITT
DISCRIMINATION PROHIBITED
In performing the services required hereunder, CONSULTANT shall not disca'hninme against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
Bo
ARTICT.F.
PERSONNEL
CONSULTANT represents that it has or will secure al its own expense all personnel required to
perform all the services required under this Agreexnent. Such personnel shall not be employees
or officers of; nor have any contmcatml relations with the OWNER. CONSULTANT shall
~tely inform the OWNER in writing of any conflict of interest or potential conflict of
interest that CONSULTANT may discover, or which may arise during the term of this
OWNER requires that CONSULTANT carefully safeguard all documents, data, and information
provided by OWNER to CONSULTANT incident to this engagement. CONSULTANT
recognizes that such documents; data; and information; invotve sensitive, competitive issues; in
some cases, confidential information; and in some cases proprietmy information; and the
disclosure of such infommlion by CONSULTANT to any th/rd party, without the express
written consent of OWNER, is expressly proh'bited by OWNER, and would likely cause
economic loss and detriment to OWNER. Any such unauthorized disclosure of information by
CONSULTANT shall constitute an act of default re~ this g4veement. CONSULTANT
represents to OWNER that it w~l safeguard OWNER's information and will, upon OWNER'S
reasonable request, provide OWNER with CONSULTANT'S policies regarding its procedm-es
for identifying conflicts of interest, and its procedures and safeguards which are in place which
would apply to CONSULTANT'S treatment and handling of OWNER'S do~ts, data, and
information during this engagement.
Alt services required l~reunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement, shall
be qualified, and shall be authorized and permitted under applicable state and local laws to
perform such services.
ARTICI.12.
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any
interest in this Agreement (wheth~ by assignment, novation or o~) without the prior written
consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of its name as
well as of any material change in its corporate structure, its location, and/or in its operations.
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
comained shall be valid unless in writing and duly executed by the party to be charged there~ No
evidence of any waiver or modification shall be offered or received in evidence in any proceeding
arising between the parties hereto out of or affecting this Agreement, or the fights or obligations of the
parties hereunder, unless such waiver or nxxlific~on is in writing, duly executed. The parties further
agree that the provisions of this Article will not be waived unless as herein set forth.
MISCELLANEOUS
CONSULTANT agrees that OWNER shall, until the expiration ofthree O) years atter the final
pg. yment made by OWNER under this Agreement, have access to and the right to examine any
directly pertinent books, doctunents, papers and records of the CONSULTANT involving
transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access
during normal working hours to all necessary CONSULTANT facilities and
shall be provided adequate and appropriate working space in order to conduc~
examinations or audits in compliance with this Article. OWNER shall give CONSULTANT
reasonable advance notice of all intended examinations or audits.
Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas.
For purposes ofthis Agreen~a; the parties agree that Leslie A. Jeske ("Jeske") shall serve asthe
Project Manager of CONSULTANT respecting this engagement. This Agreement has been
entered into with the understanding that Jeske shall serve as the CONSULTANT's Project
Manager and will be the key person serving the OWNER on this Project. Any proposed
changes requested by CONSULTANT, resisting Jeske serving as the Project Manager on the
Project, shall be subject to the approval of the OWNER, which approval the OWNER shall not
unreasonably withhold. Nothing herein shall lknit CONSULTANT from using other qualified
and' comt~ent members of its fn'm to perform the other services required herein, under its
supervision or control.
CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficiem ~, and in accordance with the
provisions hereo£ In aocompl[qhing the Project, CONSULTANT shall take such steps as are
appropriate to enst~ that the work involved is properly coordinated with related work being
can/ed on by the OWNER.
The OWNER shall assist and fully cooperate with CONSULTANT by placing at the
CONSULTANT's disposal all available information pertinent to the Project, including previous
reports, any other data relative to the Project and re'ranging for the access to, and make all
provisions for the CONSULTANT to emer in or upon, public and private property as required
for the CONSULTANT to perform professional services under this Agreement. OWNER and
CONSULTANT agree that CONSULTANT is ~ to rely upon background information
furnished to it by OWNER without the need for fitrther inquiry or investigation into such
information.
Fo
The captiom of this Agreement are for informatioml purposes only and shall not in any way
affect the substantive terms or conditions of this Agreemem.
IN WFINESS WHEREOF, the City of Dentorg Texas has executed this Agreeamnt in four (4)
original counterparts, by and through its duly autho~ City Manager; and CONSULTANT has
executed this Agreement by and through its duly authoriz~ undersigned officer, on this the
dayof __, 2003, but to be eff-ec~e on the 1~t day of October, 2003.
CITY OF DENTON, TEXAS
A Municipal Corporation
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
"CONSULTANT"
ETTL ENGINEERING & CONSULTANTS, INC.
A Corporation
ATTEST:
By: .,, ~o't~_-~ ?~'~
Secretary
S:~Our Doeum~s~qlra~s~03'~'TFL ~LandfilI~ 2003~2004.doo
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
October 21, 2003 Questions concerning this
acquisition may be directed
Materials Management ~¢j~ to Jim Coulter 349-7194
Alex Pettit 349-8595
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance approving the expenditure of funds for the purchase of an
annual maintenance agreement for continued vendor support of the Harris Public Utility Billing
System 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 3094-Annual Maimenance of Harris Public Utility Billing System to Harris Compmer
Systems in the amoum of $55,461.24).
FILE INFORMATION
The City of DeNon uses the Harris Public Utility Billing System software for maimaining utility
customer accounts, producing utility bills, and processing utility revenues. It is essential for the
City of Denton to upkeep current maintenance with the software vendor in order to ensure
availability of upgrades, software fixes, and access to knowledge and support resources.
RECOMMENDATION
We recommend award of this item to Harris Computer Systems in the amount of $55,461.24.
PRINCIPAL PLACE OF BUSINESS
Harris Computer Systems
Nepean, Ontario
ESTIMATED SCHEDULE OF PROJECT
This contract will cover maintenance from October 1, 2003 through October 31, 2004.
FISCAL INFORMATION
This item will be funded from operating budget 830400.6504.
Agenda Information Sheet
October 21, 2003
Page 2
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Invoice from Harris Computer Systems
1-AlS-FILE 3094
Attachment ~
1 Antares Drive, Suite 400
Nepean, Ontario
K2E 8C4
BILL TO
2ity of Denton
Z 15 East McKinney
Denton, TX 72601
Attention: Accounts Payable
S
CONTACT/SHIP TO
City of Denton
215 East McKinney
Denton, TX 72601
! DATE INVOICE NO.
] 10/1i2003 UM988 l
DESCRIPTION
aintenancefor the period October 1, 2003 to October 31, 2004 - (13
P.O. NO.
RATE
TERMS
Due on receipt
AMOUNT
¥-
]months)
i PUB S, CARE & HHI
Report Writer - PUBS
eC~Re
Call Centre
Test Server
Cognos - 1 Admin
GUI - 155 Users
27,083.33
1,868.75
12,458.33
1,646.67
2,058.33
270.83
10,075.00
27,083.33
1,868.75
12,458.33
1,646.67
2,058.33
270.83
10,075.00
Excludes State, Local and Federal taxes. Tttese are due mad payable by the
customer where applicable.
GST
PST
Total
0.00
0.00
US$55,461.24
Tel: (613) 226-55tl Fax: (613) 226-3377
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF AN ANNUAL MAINTENANCE FOR CONTINUED VENDOR
SUPPORT OF THE HARRIS PUBLIC UTILITY BILLING SYSTEM 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 3094-
ANNUAL MAINTENANCE OF HARRIS PUBLIC UTILITY BILLING SYSTEM TO
HARRIS COMPUTER SYSTEMS IN THE AMOUNT OF $55,461.24).
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 "Purchase Orders" listed hereon, and on file in the office of the
Purchasing Agent, and the license terms attached hereto are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3094 Harris Computer Systems $ 55,461.24
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 ,2003.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3094
Page 2
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
October 21, 2003
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Alex Pettit 349-8595
SUBJECT
Consider adoption of an Ordinance approving the expenditure of funds for the purchase of
annual Passport Advantage software maintenance for continued vendor support of the Informix
Dynamic Server Relational Database Software 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 3096-Annual Maimenance of Passport Advamage
Software to imernational Business Machines incorporated (iBM) in the amoum of $60,900).
FILE INFORMATION
The City of DeNon uses the informix Dynamic Server Relational Database software package for
the Utility Billing System, the Geographic Information System and the Municipal Court
Management System. It is essential for the City of Denton to upkeep current maintenance with
the software vendor in order to ensure availability of upgrades, software fixes, and access to
knowledge and support resources.
RECOMMENDATION
We recommend award of this item to IBM in the amount of $60,900.
PRINCIPAL PLACE OF BUSINESS
IBM
North Reading, PA
ESTIMATED SCHEDULE OF PROJECT
This contract will cover maintenance from November 1, 2003 through October 31, 2004
FISCAL INFORMATION
This item will be funded from operating budget 830400.6504.
Agenda Information Sheet
October 21, 2003
Page 2
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Software Maintenance Renewal from IBM
1-AlS-FILE 3096
,Attact~ent I
international Business Machines Corporation
International Business Machines Corporation, 400 Riverpark Drive, No,th Reading, MA 01864
Software Maintenance Renewal
Software Maintenance Renew_al Contact:
Attn: ANTHONY CARANNA
TX City of Denton
90lB Texas Street
DENTON TX 76209
Quotation Number: 25194062
IBM Renewal Contact: James
Passport Advantage Agreement Number: 106088
IBM Customer Number: 2227449
Relationship SVPLevel: GV
Renewal Date: 01-Nov-2003
Phone Number: 1-617-693-1325
Passp?rt Advantage Site Number: 7361822
Anniversary: 01-Nov
Quotation SVP Level: GV
Passport Advantage Customer:
Primary Business Partner: IBM Corporation
Attn: ANTHONY CARANNA
TX City of Denton
90lB Texas Street
DENTON TX 76209
Your Annual'Software Maintenance coverage listed below is up for renewal. PIease follow below steps to ;nsure continued access and right to deploy fature Program
versions or releases as well as continued access to IBM remote technical software support until 01-Nov-2004. ~
Act~ion required to ensure your Software Maintenance coverage is renewed:
1) Verify your records with the listing of programs that appear on this Software Maintenance Renewal Order Form. If you have questions, please contact your IBM
Renewal Contact referenced above. ~
2) If yon agree with the information below, and will be placing your renewal order with a Business Partner, provide your Business Partner with a copy of tt~is
Software Maintenance Renewal Order Form to obtain final pricing and tlaen submit your renewal order to you Business Partner by the Renewal Date
referencing this Quotation Number: 25194062.
3) Fax a copy of your PO ttyour IBM Renewal Contact at 1-617-693-8767
Item Part Number Quantity Total Points Software Maintenance Coverage Dates Unit SVP Price Extended SVP
Amount
INFORMIX DYNAMIC SERV~;R ENTERPRISE ED coNCSESSIOlq~ ANNUAL
SW MAINT RNWL
01 E00PCLL 20 36.80 01-Nov-2003 - 3i-Oct-2004 285.00 5,700.00
INFORMIX DYNAMIC SERVER ENTERPRISE ED. UNLIMITED PROC
ANNUAL SW MAINT RNWL
02 E2DAZLL 8 355.20 01-Ndv-2003- 31-Oct-2004 6,900.00 55,200.00
Total Points 392.00 Total in USD 60,900,00
Pricing not inclusive of applicable sales taxes.
iryour$;ftwareMaintcuadeCoveragei~otrcuewtdpriortotheexpirationoffllecurrent ...... ge periocl, coverage witl expire.
Reinstatement of Software Subscription andt Support after expiration of the current coveeage pedod wilt be subject to higher'prices.
Useful/Important Web resources:
Passport Advantage information, customer secure site acc.ess training, etc.: ibm. com/software/passportadvantage
[B M's International Program License Agreement and produc~.Licease Information documents: [bm.conffsoftwareJsla
IBM Software Support Web site: ibm. conffsoftware-/support IBM Customer Number: 2227449
Page 3 of 3
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF ANNUAL PASSPORT ADVANTAGE SOFTWARE
MAINTENANCE FOR CONTINUED VENDOR SUPPORT OF THE INFORMIX
DYNAMIC SERVER RELATIONAL DATABASE SOFTWARE 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 3096-
ANNUAL MAINTENANCE OF PASSPORT ADVANTAGE SOFTWARE TO IBM IN
THE AMOUNT OF $60,900).
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 "Purchase Orders" listed hereon, and on file in the office of the
Purchasing Agent, and the license terms attached hereto are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3096 IBM $ 60,900
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 ., 2003.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3096
Page 2
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
October 21, 2003
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Alex Pettit 349-8595
SUBJECT
Consider adoption of an
annual maimenance for
Package available from
Ordinance approving the expenditure of funds for the purchase of
cominued vendor support of the JD Edwards OneWorld Software
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 3100-Annual Maimenance of JD Edwards OneWorld Software Package to JD Edwards
in the amoum of $82,800).
FILE INFORMATION
The City of DeNon uses the JD Edwards OneWorld Software Package for Financial Reporting,
Job Cost, General Ledger Accounting, Warehouse Inventory and Procurement, Human
Resources, Employee Information, and Payroll. It is essential for the City of Denton to upkeep
currem maimenance with the software vendor in order to ensure availability of upgrades,
software fixes, and access to knowledge and support resources.
RECOMMENDATION
We recommend award of this item to JD Edwards in the amount of $82,800.
PRINCIPAL PLACE OF BUSINESS
JD Edwards
Denver, CO
ESTIMATED SCHEDULE OF PROJECT
This contract will cover maintenance from November 1, 2003 through October 31, 2004.
FISCAL INFORMATION
This item will be funded from operating budget 830400.6504.
Agenda Information Sheet
October 21, 2003
Page 2
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Invoice from JD Edwards
1-AlS-FILE 3100
Attachment 1
Invoice
J
DEDWA
RDS'
City of Denton
ATTN: Bobbie Arashiro (Techn Svcs Dept)
215 E McKinney St.
Denton TX 76201
Page Number
tnvcice Number
Invoice Date
Due Date
Customer Nurober
Bill to Number
Service Package
1
632304
9;24/2003
0/24/2003
6557926
6557926
SSLVER
Contract
Number Start Date End Date Users Desc~pfion
2438 1 t/1/2003 6/2/2005 100 Concurrent Support
Comroent
RLSU-Maintenance-Direct
Subtotal Maintenance Fees Due
Ptus Tax Amount
Total Maintenance Fees Due J.D. Edwards
Type Amount
LCL 82,800.00
82,800.00
=. ...... ~2_~87__.% USD
Please remit to J.D.Edwsrds
Depa~roent 770, Denver Colorado 80271-0770
Electronic Payments to: Citibank, N,A,. New Yock NY ABA # 021000089
J.D,Edwards Account # 40688858
Please send an email to gss_support(~jdedwsrds.com for any questions related to your maintenance service level.
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF ANNUAL MAINTENANCE FOR CONTINUED VENDOR
SUPPORT OF THE JD EDWARDS ONEWORLD SOFTWARE PACKAGE
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 3100-ANNUAL MAINTENANCE OF JD EDWARDS ONEWORLD
SOFTWARE PACKAGE TO JD EDWARDS IN THE AMOUNT OF $82,800).
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 "Purchase Orders" listed hereon, and on file in the office of the
Purchasing Agent, and the license terms attached hereto are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3100 JD Edwards $ 82,800
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 ., 2003.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3100
Page 2
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
October 21, 2003
Engineering
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an ordinance amending Chapter 18 of the Code of Ordinances to extend the
school zone for Tomas Rivera Elementary School by adding a portion of Woodrow Lane to the streets
included in the zone; removing the bus loading zone for the former Sullivan Keller Elememary;
providing a penalty of a fine not to exceed two hundred dollars; providing a severability clause;
providing for publication; and declaring an effective date.
BACKGROUND
The DeNon Independem School District (DISD) recemly decided, for budgetary purposes, to change
their busing policy to match the State's busing mandate. DISD's previous policy was to bus children
that lived 1.5 miles or more from school. The State's mandate is 2.0 miles or more. The DISD
informed the City's traffic staff of this in a meeting on July 25, 2003. Most of the major new
intersection crossings, where children are crossing, are traffic signal or multi-way stop controlled. As
such, the City has been working to install appropriate school markings, signing and, if signalized,
pedestrian signal heads with push buttons at the various imersection locations throughout the City
where these school children are crossing. In addition, the police departmem has hired an additional 10
crossing guards to supplemem many of these major crossings. Of particular concern was the crossing
of Woodrow Lane at Morse Street for children going to Tomas Rivera Elementary. Woodrow Lane is
a 4-lane (with left turn pockets) secondary major arterial with a posted speed limit of 40MPH. In the
best imerest of protecting any children that might cross at this location, and given when the City was
noticed about this crossing (along with the time it would take to get this item to the Traffic Safety
Commission and the City Council to consider the enactmem of a 20MPH school zone) City staff
decided to install the school zone signing and markings prior to school beginning (with the
understanding that the school zone was not enforceable but would at least afford some protection to the
children by noticing the drivers and re-enforce the pedestrian crosswalk marking) and supplemem with
a crossing guard at this location. If it was found that there were no children crossing here, the signing
and markings would have been removed and the crossing guard assigned to a differem location. Since
school has started, the police report 2 to 3 children crossing at this location both in the morning and the
evening. Although this is not a large number of children, City staff feels that with Woodrow Lane
being the type of roadway that it is, that a school 20MPH zone is appropriate for the protection of these
children. Given this, the City Manger, at the request of Police Chief Wiley, signed an emergency order
that was effective August 29, 2003 in order to assure that there was police protection, by enforcement,
of this zone and is effective for 90 days.
Staff uses the safe stopping sight distance, as a minimum, established by the American Association of
State Highway and Transportation Officials (AASHTO) for the placemem of the 20MPH signing from
the crosswalk and then considers horizomal and vertical curves as well as property lines and
landscaping features when establishing the final location. AASHTO indicates that for 40MPH, the
safe stopping distance is 305ft.
Page 1
It should be noted that a represemative of the school has recemly comacted City staff and indicated
that a number of students are crossing this intersection shortly after 7:00AM because of the breakfast
program the school provides. This information was not available to the Traffic Safety Commission at
their meeting and therefore their recommendation of the AM school time beginning at 7:30AM
In addition, the Sullivan Keller Elememary School has now located to its new site at the Ann Windle
School for Young Children, 901 Audra Ln. The old school located on the southerly part of the block
surrounded by Wood Street/Davis Street/Ruddell Street/Paisley Street has been abandoned for school
use. As such, the School 20MPH Zones located on Wood, Ruddell and Davis are no longer warramed
and were removed by ordinance 2002-352. This action will now remove the school bus loading zone
that is no longer needed for this school.
OPTIONS
Approve amending the ordinance
Deny amending the ordinance
RECOMMENDATION
Amend Chapter 18 "Motor vehicles and Traffic" of the Code of Ordinances of DeNon, Texas Article
VIII "School Safety Speed Zones and School Bus Loading Zones",
Section 18-210 that concerns school 20MPH speed limit zones, to add a portion:
(e). That the time periods for the reduced speeds for the school zones described below shall be from 7:00
a.m. until 8:30 a.m. and from 2:30 p.m. umil 3:30 p.m. on school days. The location of school zones
described below shall be as follows, to-wit:
(1) Tomas Rivera Elementary School.
Both directions of Woodrow Lane beginning 450 feet south of its intersection with Morse Street
and continuing north to a point 425 feet north of its intersection with Morse Street.
and
Section 18-214 that concerns school bus loading zones, to remove the portion
4. Sullivan Keller Elememary
The northern lane of Davis Street beginning where Davis Street intersects the west curbline of Ruddell
Street to 180 feet west of where Davis Street intersects the west curbline of Ruddell Street
and renumber this Section 18-214 to Section 18-220.
PRIOR ACTION/REVIEW
The Traffic Safety Commission voted 5-1 to recommend approval of amending the Code of Ordinance
on September 8, 2003. It should be noted that a representative of the school has recently contacted
City staff and indicated that a number of studems are crossing this imersection shortly after 7:00AM
because of the breakfast program the school provides. This information was not available to the
Traffic Safety Commission at their meeting and therefore their recommendation of the AM school time
beginning at 7:30AM, therefore staff' s recommendation that the AM time start at 7:00AM.
Page 2
FISCAL INFORMATION
Installation costs of the applicable flasher, signing and markings is approximately $6,000.00.
The removal of any school bus loading zones is considered routine and contained within the Traffic
Operations maintenance budget.
ATTACHMENTS
Site location map
TSC minutes
Ordinance
Prepared By:
David Salmon, Assistant Director
Engineering
Respectfully submitted:
Charles Fiedler
Director, Engineering
Page 3
ATTCHMENT #1
LOCATION MAP
Thomas Rivera
Elementary School
Proposed 20MPH
school zone
intersection location
ATTACHMENT #2
TRAFFIC SAFETY COMMISSION MINUTES
Minutes
Traffic Safety Commission
September 8, 2003
PRESENT: Pat Cheek, Connie Baker, Linda Brown, Silvia Lesko, Lelia Howell, and
Chairman Barry Walters
STAFF:
David Salmon, Staff Liaison
Pat Killebrew, Secretary
Chairman Walters called the meeting to order at 5:30 p.m.
ITEM #2:
REVIEW AND CONSIDER A REQUEST FROM DENTON
INDEPENDENT SCHOOL DISTRICT (DISD) FOR A SCHOOL ZONE ON
WOODROW LANE AT MORSE STREET.
Salmon said DISD changed their policy on busing students this year.
Prior to this year, any student living more than one and one-half miles
from school was bused. For monetary reasons, the district decided to go
with the State law and not bus students unless they live more than two
miles from school. This has created the need for several additional
crosswalks and pedestrian signals, and in this case, a new school zone to
compliment one of the new crosswalks. This school zone is at a crossing
on Woodrow Lane at Morse Street. The students attend Tomas Rivera
Elementary School. These students have to use the sidewalk on the east
side of Woodrow Lane and come to Morse Street, and cross Woodrow
Lane at Morse Street. The data given to the Commissioners shows only
two to three students crossing at the crosswalk every morning and
afternoon. The speed limit on Woodrow Lane is 40 MPH and it is an
exceptionally wide street. There is a crossing guard there, but staff felt
with the speed and width of the street, the zone is appropriate.
Staff recommends that the Traffic Safety Commission forward a
recommendation to the City Council that a 20 MPH school zone be
estabfished on Woodrow Lane from 450 feet south of to 425 feet north of
the centerline of Morse Street.
Traffic Safety Commission - September 8, 2003
Page 2 of 2
Howell said when the students cross at Morse Street, there is no sidewalk
there, are we going to extend the sidewalk down to the school? Salmon
said there is a sidewalk on the north side of Morse Street the entire
distance to Tomas Rivera School. Walters asked if this is a timed school
zone. Salmon said yes. Walters said as far away from the school as the
school zone is, if it was not a timed school zone, it would be a wonderful
place for an officer to sit and write tickets, and that's not what we are here
for. Salmon said the ordinance that is prepared would be time specific.
Walters made a motion to recommend to the City Council that a 20
MPH school zone be established on Woodrow l,ane from 450 feet
south of to 425 feet north of the centerline of Morse Street from 7:30
a.m. to 8:30 a.m. and from 2:30 p.m. to 3:30 p.m. Howell seconded
the motion.
Cheek said she couldn't imagine slowing down traffic on Woodrow Lane
for two or three students if there is a crossing guard helping them across.
That street has become a big thoroughfare. Cheek felt like it is safe with
the crossing guard there, and she cannot support this school zone.
Howell asked how long it would be before the guard was put in place.
Salmon said they are already there and the number of students listed on
the data sheets came from the crossing guards. Walters said bringing the
speed down to 20 MPH would be a lot safer for the crossing guard.
Walters said he wouldn't want to walk out into the middle of Woodrow
Lane with cars coming at 40 MPH. Cheek said there is a stop light a little
ways from there. Baker said it is over the hill and can't be seen from that
area.
Baker, Brown, I_esko, Howell, and Walters voted for the school zone.
Cheek voted against the zone. The motion passed.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES TO
EXTEND THE SCHOOL ZONE FOR TOMAS RIVERA ELEMENTARY SCHOOL BY
ADDING A PORTION OF WOODROW LANE TO THE STREETS INCLUDED IN THE
ZONE; REMOVING THE BUS LOADING ZONE FOR THE FORMER SULLIVAN KELLER
ELEMENTARY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of Denton,
Texas is hereby amended by adding Section 18-210(e) regulating speed for Tomas Rivera
Elementary, by removing Section 18-214(4) regarding the school bus loading zone for the former
Sullivan Keller Elementary School and by re-numbering Section 18-214 to Section 18-220. The
new Article VIII shall read as follows.
ARTICLE VIII SCHOOL SAFETY SPEED ZONES
Sec. 18-210. Twenty mile-per-hour zone.
That based upon an engineering and transportation department investigation heretofore
made, as authorized by the provisions of V.T.C.A., Transportation Code § 545.357, the prima
facie speed limit of twenty (20) miles per hour for vehicles is hereby determined and declared to
be a prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling
within the following described school zones.
(a) That the time periods for the reduced speeds for the school zones described below shall
be from 7:30 a.m. until 8:30 a.m. and from 2:30 p.m. until 3:30 p.m. on school days. The
location of school zones described below shall be as follows to-writ:
(1) Borman Elementary School.
Both directions of Parvin Street beginning fifty (50) feet east of where Parvin Street
intersects the center line of McCormick Street to one hundred (100) feet east of where
Parvin Street intersects the center line of Mercedes Street.
(2) Newton Rayzor Elementary School.
Both directions of Malone Street beginning fifty (50) feet north of where Malone Street
intersects the center line of Cordell Street to one hundred (100) feet north of where
Malone Street intersects the center line of Emery Street.
(3) Ginnings Elementary School.
Both directions of Stuart Road beginning two hundred fifty (250) feet north of where
Stuart Road intersects the center line of Imperial Drive to one hundred seventy-five
(175) feet north of where Stuart Road intersects the center line of Sun Valley Street.
Both directions of Sun Valley Drive from its intersections with Stuart Road to two
hundred (200) feet east of where Sun Valley Drive intersects the center line of
Yellowstone Place.
Both directions of Yellowstone Place beginning three hundred (300) feet north of
where Yellowstone Place intersects the center line of Imperial Drive to the intersection
of Sun Valley Drive and Yellowstone Place.
(4) Woodrow Wilson Elementary School.
Both directions of Windsor Drive beginning two hundred seventy-five (275) feet west
of where Windsor Drive intersects the center line of Bristol Street to two hundred
seventy-five (275) feet east of where Windsor Drive intersects the center line of
Hanover Drive.
Both directions of Hanover Drive from its intersection with Windsor Drive to four
hundred fifty (450) feet north-west of where Hanover Drive intersects the center line of
Rockwood Lane.
Both directions of Emerson Lane beginning one hundred fifty (150) feet east of where
Emerson Lane intersects the center line of Glenwood Lane to three hundred-fifty (350)
feet west of where Emerson Lane intersects the center line of Rockwood Lane.
(5) Hodge Elementary School.
Both directions of Grant Parkway beginning three hundred eighty (380) feet northeast
of where Grant Parkway intersects the center line of Deerwood Parkway to the
intersection of Fan-is Road and Grant Parkway.
Both directions of Farris Road from its intersection with Silverdome Road to two
hundred (200) feet north of where Farris Road intersects the center line of Grant
Parkway.
(6) Robert E. Lee Elementary School.
Both directions of Paisley Street beginning four hundred seventy-five (475) feet west
of where Paisley Street interests the center line of Mack Drive to the intersection of
Mack Drive and Paisley Street.
Both directions of Mack Drive from its intersection with Double Oak Street to the
intersection of Paisley Street and Mack Drive.
(7) McNair Elementary.
Both directions of Hickory Creek Road beginning seven hundred sixty-five (765) feet
west of where Hickory Creek Road intersects the center line of Montecito Drive to four
hundred thirty (430) feet east of where Hickory Creek Road intersects the center line of
Montecito Drive.
Page 2 of 8
Both directions of Montecito Drive from its intersection with Hickory Creek Road
south for six hundred eighty-two (682) feet.
(8) Evers Elementary.
Both directions of Evers Parkway beginning three hundred five (305) feet south of
where Evers Parkway intersects the center line of Gardenview Street to fifty (50) feet
south of where Evers Parkway intersects the center line of Robbie-O Street.
Both directions of Cobblestone Row from its intersection with Evers Parkway to one
hundred seventy (170) feet east of where Cobblestone Row intersections the center line
of Ashcroft Lane.
(9) Reserved.
(10) Fred Moore Center.
Both directions of Mill Street beginning one hundred fifty (150) feet west of where
Mill Street intersects the center line of Cross Timber Street to one hundred (100) feet
west of where Mill Street intersects the center line of Wye Street.
Both directions of Wye Street beginning one hundred fifty (150) feet west of where
Wye Street intersects the center line of Cross Timber Street to the intersection of Mill
Street and Wye Street.
Both directions of Cross Timber Street from its intersection with Wye Street to the
intersection of Mill Street and Cross Timber Street.
(11) Tomas Rivera Elementary.
Both directions of Newton Street beginning two hundred (200) feet north of where
Newton Street intersects the center line of Morse Street to two hundred twenty-five
(225) feet north of where Newton Street intersects with the center line of Wilson Street.
(12) Wayne Ryan Elementary School.
Both directions on Ryan Road beginning five hundred (500) feet west of the
intersection of Creekdale Drive and Ryan Road and continuing east for two thousand
seventy-one (2071) feet to a point five hundred (500) feet east of the intersection of
Forrestridge Drive and Ryan Road.
(b) That the time periods for reduced speeds for school zones described below shall be
from 7:30 a.m. until 8:30 a.m. and from 3:00 p.m. until 4:00 p.m. on school days. The location
of school zones described below shall be as follows, to-wit:
Page 3 of 8
(1) Strickland Middle School.
Both directions of Windsor Drive beginning five hundred sixty (560) feet east of where
Windsor Drive intersects the center line of Locust Street to two hundred twenty-five
(225) feet east of where Windsor Drive intersects the center line of Bell Avenue.
Both directions of Bell Avenue from its imersection with Driftwood Trail to the
intersection of Windsor Drive and Bell Avenue.
(2) Calhoun Middle School.
Both directions of Congress Street from one hundred thirty (130) feet west of where
Congress Street intersects with the center line of Mounts Street to two hundred (200)
feet east of where Congress Street intersects with the center line of Denton Street.
Both directions of Denton Street from its intersection with Congress Street to one
hundred (100) feet south of where Denton Street intersects with the center line of Pearl
Street.
Both directions of Mounts Street from its intersection with Congress Street to one
hundred ninety (190) feet south of where Mounts Street intersects with the center line
of Anderson Street.
(3) McMarr Middle School.
Both directions on Londonderry Lane from the intersection with Teasley Lane to one
hundred (100) feet east of its intersection with Sam Bass Boulevard.
(c) That the time periods for reduced speeds for school zones described below shall be
from 7:30 a.m. until 8:30 a.m. and from 3:00 p.m. until 4:00 p.m. on school days. The location
of school zones described below shall be as follows, to-wit:
(1) Ryan High School.
Both directions of McKinney beginning five hundred (500) feet west of where
McKinney Street intersects with the center line of the high school driveway to five
hundred twenty-five (525) feet east of where McKinney Street intersects with the
center line of the high school driveway.
(2) Denton High School.
Both directions of Crescent Street beginning two hundred fifty (250) feet east of where
Crescent Street intersects the center line of Bryan Street to one hundred fifty (150) feet
east of where Crescent Street intersects with the Center line of Fulton Street.
Both directions of Bryan Street beginning two hundred fifty (250) feet south of where
Bryan Street intersects the center line of Crescent Street to one hundred fifty (150) feet
north of where Bryan Street intersects the center line of Linden Street.
Page 4 of 8
Both directions of Fulton Street beginning one hundred fifty (150) feet north of where
Fulton Street intersects the center line of Crescent Street to fifty (50) feet north of
where Fulton Street intersects the center of Linden Street.
(d) That the time periods for reduced speeds for school zones described below shall be
from 7:30 a.m. until 9:00 a.m. and from 3:00 p.m. until 4:30 p.m. on school days. The location
of school zones described below shall be as follows, to-wit:
(1) Liberty Christian School.
Both directions of Bonnie Brae from five hundred (500) feet north of where Bonnie
Brae intersects the center line of Willowood to one thousand eight hundred twenty
(1820) feet north of where Bonnie Brae intersects the center line of Willowood.
(e) That the time periods for the reduced speeds for the school zones described below shall be
from 7:00 a.m. until 8:30 a.m. and from 2:30 p.m. until 3:30 p.m. on school days. The location of
school zones described below shall be as follows, to-wit:
(1) Tomas Rivera Elementary School.
Both directions of Woodrow Lane beginning 450 feet south of its intersection with Morse
Street and continuing north to a point 425 feet north of its intersection with Morse Street.
Sec. 18-211. Twenty-five mile-per-hour zone.
That based upon an engineering and transportation department investigation heretofore
made, as authorized by the provisions of V.T.C.A. Transportation Code § 545.357, the prima
facie speed limit of twenty-five (25) miles per hour for vehicles is hereby determined and
declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles
traveling within the following school zones.
(a) That the time periods for the reduced speeds for the school zones described below shall
be from 7:30 a.m. until 8:30 a.m. and from 2:30 p.m. until 3:30 p.m. on school days. The
location of school zones described below shall be as follows, to-wit:
(1) Sam Houston Elementary.
Both directions of Teasley Lane beginning three hundred twenty-five (325) feet east of
where Teasley Lane intersects the center line of Pennsylvania Drive to three hundred
sixty-five (365) feet west of where Teasley Lane intersects the center line of Lillian
Miller.
Sec. 18-212. Thirty-five mile-per-hour zone.
That based upon an engineering and transportation department investigation heretofore
made, as authorized by the provisions of V.T.C.A. Transportation Code § 545.357, the prima
facie speed limit of thirty-five (35) miles per hour for vehicles is hereby determined and declared
to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling
within the following described school zones.
Page 5 of 8
(a) That the time periods for the reduced speeds for the school zones described below shall
be from 7:30 a.m. until 9:00 a.m. and from 3:00 p.m. until 4:30 p.m. on school days. The
location of school zones described below shall be as follows, to-wit:
(1) The Selwyn School.
Both directions of West Highway 380 from four hundred fifty (450) feet east of where
West Highway 380 intersects the center line of Marshall Drive to one thousand two
hundred (1200) feet west of where West Highway 380 intersects the center line of
Mesa Drive.
Sec. 18-213. Penalty.
When signs are erected giving notice thereof, an individual adjudged guilty of exceeding the
herein defined speed limits shall be guilty of a misdemeanor, and punished by a fine not to
exceed two hundred dollars ($200.00).
Sec. 18-214-219. Reserved for expansion.
Sec. 18-220. School bus loading zones.
The location of school bus loading zones for the following schools shall be as follows, to-
wit:
(1) Borman Elementary.
The southernmost lane of Parvin Street beginning where Parvin Street intersects the
east curbline of McCormick Street to where Parvin Street intersects the west curbline
of Mercedes Road.
(2) Ginnings Elementary.
The southernmost lane of Sun Valley Drive beginning where Sun Valley Drive
intersects the east curbline of Stuart Road to where Sun Valley Drive intersects the
west curbline of Yellowstone Place.
(3) McNair Elementary.
The westernmost lane of Montecito Drive beginning two hundred eighty-seven (287)
feet south of where Montecito Drive intersects the south curbline of Hickory Creek
Road to four hundred seven (407) feet south of where Montecito Drive intersects the
south curbline of Hickory Creek Road.
(4) Strickland Middle School.
The southernmost lane of Windsor Drive beginning where Windsor Drive intersects the
west curbline of Bell Avenue to nine hundred (900) feet west of where Windsor Drive
intersects the west curbline of Bell Avenue.
Page 6 of 8
(5) Calhoun Middle School.
The westernmost lane of Denton Street from one hundred ninety-six (196) feet south of
where Denton Street intersects the south curbline of Congress Street to six hundred
forty (640) feet south of where Denton Street intersects the south curbline of Congress
Street.
Sec. 18-221. Unlawful for any person to operate or park a motor vehicle in a school bus
loading zone.
When signs are erected giving notice thereof, it shall be unlawful for any person to operate
or park a motor vehicle other than a school bus in a herein described school bus loading zone.
An individual adjudged guilty of the provision of this section shall be guilty of a misdemeanor
and punished by a fine not to exceed two hundred dollars ($200.00).
SECTION 3. An individual adjudged guilty of any provision of this ordinance shall be guilty
of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00).
SECTION 4. That this ordinance shall be cumulative of all other ordinances of the City of
Denton defining school zones and school bus loading zones and shall not repeal any of the
provisions of said ordinances except in those instances where provisions of those ordinances are in
direct conflict with the provisions of this ordinance.
SECTION 5. That if in any section, subsection, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the __ day of
.,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Page 7 of 8
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 8 of 8
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
October 21, 2003
Legal Department
Dorothy Palumbo, Senior Assistam City Attorney
SUBJECT: Consider adoption of an Ordinance allowing the City Manager to execute a Non-
drill Site/Pooling Agreemem with Lynx Oil Company, inc. for 96 acres of the Airport Open
Space in the City of DeNon, Texas; and providing an effective date.
BACKGROUND: This Ordinance allows the City Manager to execute a lease for a non-drill
site/pooling agreemem for 96 acres of the Airport Open Space with Lynx Oil Company. Lynx
Oil Company, inc. submitted the best bid for these mineral interests. The City will receive
$9,600.00 bonus and an 18.75% royalty imerest. No drilling will be allowed on the Airport Open
Space and this land will be pooled and drilled from an off airport well on adjacem property. On
September 10, 2003, this bid was presemed to the Airport Advisory Board, who voted
unanimously to recommend approval of the lease. This lease will comain provisions requiring
compliance with FAA regulations and with the Airport Overlay Zone regulations.
FISCAL: The City will receive the bonus money upon the execution of the lease and a
momhly royalty when the well is drilled and connected to the gas transmission line.
OPTIONS: The City Council may adopt the ordinance and authorize the City Manager to
execute the lease or the Council may reject all bids and re-advertise for additional bids.
RECOMMENDATION: We recommend that the City Manager execute the mineral lease.
Respectfully submitted,
Dorothy Palumbo, Sr. Asst. City Attorney
S:\Our Documents\Gas Well DocumentsLAgenda information sheet-Airport Open Space(Lynx).DOC
S:\Our Documents\Ordinances\03kAirport Open Space Ordinance.doc
ORDINANCE NO.
AN ORDINANCE ALLOWING THE CITY MANAGER TO EXECUTE A NON-DRILL
SITE/POOLING AGREEMENT WITH LYNX OIL COMPANY, INC. FOR 96 ACRES OF THE
AIRPORT OPEN SPACE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City Council of the City of Demon has heretofore determined that it is
advisable to emer imo a non-drill site/pooling agreemem for 96 acres of the Airport Open Space; and
WHEREAS, in compliance with Chapter 71 of the Texas Natural Resources Code (the
"Code") the City published notice of its imemion to lease such real property for oil and gas purposes
once a week for three consecutive weeks in a newspaper with general circulation and published in
Denton County, Texas; and
WHEREAS, in compliance with the Code, the City Council of the City of DeNon held a
public hearing under Chapter 71 of the Texas Natural Resources Code; and
WHEREAS, the City desires to authorize the City Manager to execute the lease with Lynx
Oil Company, Inc.for a non-drill site/pooling agreemem for 96 acres of the Airport Open Space,
Attachment A, incorporated, herein, for all purposes. NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Incorporation of Preamble. The above and foregoing preamble is incorporated
imo the body of this Ordinance as if copied herein in its emirety.
SECTION 2. The City Manager or his designee is hereby authorized to execute a Non-drill
site/pooling oil and gas lease agreemem between the City of Demon and Lynx Oil Company, Inc. for
a non-drill site/pooling agreemem for 96 acres of the Airport Open Space as shown on Attachemem
A, incorporated, herein, for all purposes.
SECTION 3. If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by
a Court of competemjurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance, and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the __ day of ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
October 21, 2003
Planning & Developmem Departmem
Jon Fortune, Assistam City Manager
SUBJECT - CA03-0002, Northeast Wind River Estates
Hold a public hearing and consider adoption of an ordinance for a Comprehensive Plan
Amendmem from Regional Mixed Use Cemer to Existing Neighborhood/Infill Compatibility on
11.68 acres of land. The subject property is generally located north of Wind River Lane and
south of 1-35 in the Wind River Estates Phase IV subdivision. Single Family residemial uses
curremly exist on this property.
BACKGROUND
Applicam: City of DeNon
The comprehensive plan amendmem coincides with a zoning change request, also on this agenda
(Z03-0021). The staff request for a comprehensive plan amendmem is imended to correct a
mapping oversight associated with the land use componem of the DeNon Plan 1999-2020. Like
the adjacem property to the south and west, the subject property should have been designated
'Existing Neighborhoods/Infill Compatibility' land use as they all have the same land use
pattern, housing density and design standards. The existing future land use category of the
DeNon Plan, which is Regional Mixed Use Cemers, is not compatible with the existing single-
family detached units. The proposed 'Existing Neighborhood/Infill Compatibility' land use
designation will be more compatible with existing single-family residemial uses.
Public notification and property owner responses are provided in Attachmem 3. As of this
writing, staff has received three responses (two are in favor and one is opposed) from property
owners within 200 feet of the subject site.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0).
PRIOR ACTION/REVIEW
The following is a chronology of CA03-0002, commonly known as Northeast Wind River
Estates:
Application Date -
P&Z Public Hearing -
P&Z Public Hearing -
August 6, 2003
August 27, 2003 (motioned to discuss the case in a Work Session
and continue in the next P&Z Public Hearing)
September 24, 2003 (recommends approval 7-0)
FISCAL INFORMATION
The property is already developed for residential uses. Future development will require no short-
term public improvements that are the responsibility of the city.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map, Property Owner Responses)
4. Photographs
5. Minutes from the September 24, 2003 Planning and Zoning Commission Meeting
6. Draft Ordinance
Prepared by:
Gincy Thoppil
Planner I
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summa _fy of Comprehensive Plan Amendmem Request
The applicam is requesting a comprehensive plan amendmem to change approximately 11.68
acres of land from Regional Mixed Use Cemer to Existing Neighborhood/Infill Compatibility
land use. In 1997, the subject property was preliminarily platted for single-family residemial use.
At the time of the adoption of the DeNon Plan .(December 7, 1999), the subject property was
zoned Single-Family 10 conditional (SF-10(c)). Due to a mapping oversight, the Future Land
Use componem of the DeNon Plan designated the property 'Regional Mixed Use Cemer'. Upon
the adoption of the Developmem Code (February 20, 2002), the property was rezoned to
Regional Center Residemial 1 (RCR-1) to comply with 'Regional Mixed Use Center' future land
use designation.
Existing Condition of Property
All parcels are platted and have existing single-family dwelling units. Dwellings were initially
built in 2001. Some buildings are still under construction.
Property History.
January 21, 1997 -- Hersman Development Corporation (HDC) obtained zoning approval (SF-
10(c)) from the Denton City Council.
March 12, 1997 - Preliminary plat approved.
December 7, 1999 - The subject property was placed into the Regional Mixed Use Center land
use designation.
February 20, 2002 - The subject property was rezoned to the Regional Center Residential 1
(RCR-1) zoning district.
Adjacent landuse:
North & East: Regional Mixed Use Center
South & West: Existing Neighborhoods/Infill Compatibility
Adjacent zoning:
North:
East:
South & West:
Regional Cemer Residemial 1 (RCR-1)
Regional Cemer Commercial Dowmown (RCC-D)
Neighborhood Residemial 3 (NR-3)
Comprehensive Plan Analysis
The subject site is located within a "Regional Mixed Use Center" future land use designation.
For a Regional Mixed Use Cemer, the focus area comains the shopping, services, recreation,
employment, and institutional facilities supported by and serving an entire region. Regional
Mixed Use Cemer is a commercial land use classification and does not include detached single-
family residemial uses. Higher density housing developments are allowed in this land use
category.
With the proposed comprehensive plan amendmem, the subject site would be located within the
"Existing Residential/Infill Compatibility" future land use area. This is a residential land use
classification that includes all existing neighborhoods and other new developmems within
established residemial areas with compatible land uses, patterns, and design standards. Housing
that is compatible with the existing density, neighborhood service, and commercial land uses is
allowed. The subject property has single-family residemial structures of the same density as the
adjacem property the south and west.
Staff Findings
The Comprehensive Plan Amendmem from 'Regional Mixed Use Cemer' future land use
'Existing Neighborhoods/Infill Compatibility' allows the site to be rezoned to
Neighborhood Residemial 3 (NR-3) which is more compatible with the single family uses
of that density.
2. The proposed amendmem is compatible with the surrounding land uses idemified by the
Comprehensive Plan Land Use Map.
Per findings 1 and 2, the proposed amendmem from Regional Mixed Use Cemer to
Existing Neighborhood/Infill Compatibility is consistem with The DeNon Plan land use
goals and principles.
Staff Recommendation
Based on the above finding, staff recommends approval of the requested comprehensive plan
amendment.
ATTACHMENT 2
Maps
Location Map
Scale: None
NORTH
Existing Land Use Map
Scale: None
Proposed Land Use Map
NORTH
Zoning Map
Scale: None
NORTH
ATTACHMENT 3
Public Notification
Notification Map
Scale: None
Public Notification Date:
200' Legal Notices* sent via Certified Mail:
500' Courtesy Notices* sent via 1st Class Mail:
Number of responses to 200' Legal Notice
· In Opposition: 1
· In Favor: 2
· Neutral: 0
8/13/03
29
128
Percent of land within 200' in opposition: 0.?? %
NORTH
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
ATTACHMENT 4
Photographs
FROM THE INTERSECTION OF WIDGEON AND VALENCIA LANES,
LOOKING EAST DOWN VALENCIA LANE
i i FROM THE iNTERSECTiON OF WiND RIVER AND WIDGEON LANES,~ ~55~
LOOKING EAST DOWN WIND RIVER LANE
t
2 7.
3 MS. THOPPIL: Good evening, respective
4 Chair, members of the Commission and all present here.
5 COMMISSIONER MULROY: Cot me -- excuse me.
6 I've been remiss. Let me open the next item, public
7 hearing for a Comprehensiw Plan Amendment. Please
8 proceed.
9 MS. ?unveIL: My name is Gincy Thoppil, a
10 planner in the planning and development depa~nent. This
11 case, the Northeast Wind River Estates is a City-initiated
12 request for a Comprehensive Plan Amendment from Regional
13 Mixed Use Centers to Existing Neighborhood/Infill
14 Compatibility land use. Just a ~minder that this case
15 was continued from the August 27th, Planning and Zoning
16 public hearing due to the neighborhood questions regarding
17 tile validity of the land uses for the surrounding areas.
18 Before bringing this case to the September
19 10th Planning and Zoning Work Session, the City staff had
20 put together a meeting with the members of thc Homeowners
21 Association and the developer of the Unicorn Lake in order
22 to understand the developer's proposed uses. And it was
23 quite a successful one. Also, based on tile staff review
24 of the map in this area, it was reported at the Work
25 Session that all the surrounding land uses were found to
CondenseltTM
Page 1~! Page 19
COMMISSIONER MULROY: Next item, Item No. I About thc public responses, two
2 notifications. Nothing has bceu changed from the first
3 time it was presented. We had received three responses,
Page 18
i be consistent wifl~ the goals of the Denton Plan and the
2 zoning classifications to bo consistent with the zoning
3 that existed prior to the adoption of the Development
4 Code.
5 The 11.68 acre site located to thc north of
6 Wind River Lane and south of 1-35 East contains 37 parcels
7 with already built detached single family dwelling units.
8 The request is intended to rectify the furore land use map
9 of file Comprehensive Plan adopted in December 1999. At
10 that time due to a mapping oversight, the subject site was
11 placed in Regional Mixed Use Centers laud use category
12 even though it was zoned as Single Family 10 Conditional
13 and was preliminary platted for single family residential
14 purposes.
15 Lat~ on with the adoption of the Denton
16 Development Code in February 2002, thc subject property
17 was rezoned to Regional Center Residential 1. So now
18 neither the future land use nor the zoning of the site is
19 consistent with the existing single family use.
20 To address the stated policy that both the
21 zoning and the land use categories are compatible, the
22 first step would be the Comprehensive Plan Amendment from
23 Regional Mixed Use Centers to the proposed Existing
24 Neighborhoods/Infill Compatibility which will bring it in
25 compliance wifl~ Existing Resideutial Use.
4 One in opposition and two in favor. That concludes my
5 presentation. Thank you.
6 COMMISS1ONLI~, MULROY: Any questions,
7 Coumfissloners? Okay. I'm going to -- we do not have any
8 cards from the public to speak on this. And I'm going to
9 close the public hearing on Item No. 7.
10 And I'm going to open thc public hearing
11 continuext for item No. 8, and then we'll take two votes
12 when we finish both o[ these. And I reatizc it's mostly
13 repetitive of the information. We just have to
14 acknowledge for thc public.
t 5 MS, THOPPIL: SO even though this case is a
16 separate item on the Agenda, in fact, it goes hand in hand
17 with the previous case. Thi~ is a zoning change request
18 for the same site from [>,egional Center Residential, that's
19 RCR-t to Neighborhood Residential 3.
20 The existing zoning RCRq does not pmnit
21 Singte Family detached houses. The proposed Neighborhood
22 Residential 3, ~R-3 zoning allows the existing use and its
23 density per acre. The public notifications, again, are
24 the same. That concludes this presentation. Thanks.
25 COMMISSIONEI~. M~.JLROY: okay. Thank you. Is
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Page 20
there anyone in the public that desires to address Item
No. 8? If not, any discussion or questions from the
Co~mnissioncrs? I'm going to close the public hearing for
Item 8, and will entertain motions l'or Items 7 and 8.
Let's start with No. 7. Mr. Roy.
COMMISSIONER ROY: I move approval of Item
7.
COMMISSIONER STRANGE: s~cond.
COMMISSIONE}~ MULROY: Motion by Mr. Roy.
Second by Mr. Strange fl)r approval for Item -- did you say
8 or 7?
COMMISSIONEI~. I~.OY: 7.
COMMISSIONER MULROY: For Item No. 7.
Please, vote. Motion carries 7-0.
Item No~ 8. Motion, please. Mr. Roy.
COMMI$SIONlql~, ROY: I move approval of Itc'an
COMMISSIONER MULROY: Mr. Watkins.
COMMISSIONER WATKINS: second.
COMMISS1ONI~I~, MULRO¥: Any discussion?
COMMI. SS[ONER I'OWELL: Yes,
- COMM[SS[ONE]~. MULROY: Mr. Powell.
COMMISSIONI,;R POWELL: Only to say that I
think it would have been good for us to have had the
opportunity to vote on this -- well, we had tile
PLANNING & ZONING COMMISSION SEPTEMBER 24, 2003
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opportunity. We didn't vote. And the reason we didn't 1
vote is because there wag a lot of people out in the 2
public that had a lot of what they thought were very good 3
reasons why we shouldn't vote. As it turned out, I don't 4
think those reasons were valid, but nevertheless, a lot of 5
the public did. And we gave them the floor. And they 6
took the floor and we listened. And we're back here 7
tonight doing the stone thing. 8
But I think it was good for us to take that 9
extra time to make sure that the public is heard. And 10
I'll hush. Thank you. 11
COMMISSIONER MULROY: Thank you, 12
Mr. Powell. Any further discussion? Please, vote. 13
Motion carries 7-0. 14
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PLANIqlNG & ZONING COMMISSION SEPTEMBER 24, 2003
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ORDINANCE NO.
AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN
AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON
PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT
ENCOMPASSING APPROXIMATELY 11.68 ACRES AND IS GENERALLY LOCATED
NORTH OF WIND RIVER LANE, SOUTH OF 1-35 E AND AT THE NORTHEAST CORNER
OF PHASE IV OF WlND RIVER ESTATES SUBDIVISION PROVIDING A SAVINGS AND
REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA03-0002)
WHEREAS, City Council initiated a comprehensive plan amendment to the land use plan
of the land element of the Denton Plan for 11.68 acres of land from Regional Mixed Use Centers
to Existing Neighborhoods/lmfill Compatibility, which is more particularly described as Lots 1
through 4, Lots 16 through 33, Block J and Lots 1 through 15 of Block K of the Wind River
Estates Phase IV, an addition to the City of Denton, Texas and as depicted on Exhibit "A"
attached hereto and made a part hereof by reference (the "Land Use Plan Amendment"); and
WHEREAS, on December 7, I999, the City of Denton adopted the Denton Plan, 1999-
2020; and
WHEREAS, on September 24, 2003, the Planning and Zoning Commission held a public
hearing and recommended approval of the Land Use Plan Amendment; and
WHEREAS, the City Council, after a public hearing on October 21, 2003, finds that the
recommended Land Use Plan Amendment is in the best interests of the health, safety and general
welfare of the citizens of the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council hereby approves Land Use Plan Amendment to the
Denton Plan, 1999-2020.
SECTION 3. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective, which are inconsistent or in conflict with the terms or provisions
contained in this ordinance, are hereby repealed to the extent of any sUCh conflict only. The non-
conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect.
SECTION 4. The City staff is directed to change the land use plan map to the Denton
Plan in conformity with the Land Use Plan Amendment. Until such map change is made a copy
of this ordinance shall be attached to the Denton Plan, 1999-2020 showing the Land Use Plan
Amendment.
Page 1
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
BY. ~d
Page 2
EXHIBIT "A"
The Comprehensive Plan Amendment encompasses approximately 11.68 acres. The total 11.68
acres will be amended from Regional Center Residential Center to Existing Neighborhoods/Infill
Compatibility land use.
LOCATION MAP
Demon
Medical Hosp~la~
Page 3
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
October 21, 2003
Planning and Developmem Departmem
Jon Fortune, Assistam City Manager
SUBJECT Z03-0021 (Northeast Wind River Estates)
Hold a public hearing and consider adoption of an ordinance for the rezoning of 11.68 acres of
land from Regional Cemer Residemial 1 (RCR-1) to Neighborhood Residemial 3 (NR-3). The
subject property is generally located north of Wind River Lane and south of 1-35 in the Wind
River Estates Phase IV subdivision. Single Family residential uses currently exist on this
property.
BACKGROUND
Applicam: City of DeNon
The request is to rezone approximately 11.68 acres of land in the Wind River Estates subdivision
from Regional Cemer Residemial 1 (RCR-1) to Neighborhood Residemial 3 (NR-3). The zoning
change request coincides with a comprehensive plan amendmem request from 'Regional Mixed
Use Cemer' to 'Existing Neighborhoods/Infill Compatibility' as addressed earlier on the agenda
(CA03-0002). Upon the adoption of the Developmem Code (Feb, 2002), the subject property
was rezoned to RCR-1 to comply with 'Regional Mixed Use Center' future land use designation.
The property comained existing detached single-family housing units, which are not permitted in
the RCR-1 zoning district. In addition, the adjacem property to the west and south having the
same housing density and design standards are included in NR-3 zoning district. A zoning
change to NR-3 district will allow detached single-family uses, which curremly exists.
Public notification and property owner responses are provided in Attachmem 3. As of this
writing, staff has received three responses (two are in favor and one is opposed) from property
owners within 200 feet of the subject site.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0)
PRIOR ACTION/REVIEW
The following is a chronology of Z03-0002, commonly known as Northeast Wind River Estates.
Application Date - August 6, 2003
P&Z Public Hearing - August 27, 2003 (motioned to discuss the case in the next Work
Session and continue in the next P&Z Public Hearing.)
P&Z Public Hearing - September 24, 2003
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map and Property Owner Responses)
4. Planning and Zoning Commission Meeting Minutes from September 24, 2003 meeting.
5. Draft Ordinance
Prepared by:
Gincy Thoppil
Planner I
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary_ of Zoning Request
The applicant requests an approximately 11.68 acre tract be rezoned from its current Regional
Center Residential 1 (RCR-1) zoning district to a Neighborhood Residential 3 (NR-3) zoning
district. The requested zoning change to a Neighborhood Residential 3 (NR-3) category will
bring it in compliance with the single-family residential use of that property.
Existing Condition of Property
All parcels are platted and have existing single-family dwelling units. Dwellings were initially
built in 2001. Some buildings are still under construction.
Adjacent zoning.
North: Regional Center Residential 1 (RCR-1)
South: Neighborhood Residential 3 (NR-3)
East: Regional Center Commercial Downtown (RCC-D)
West: Neighborhood Residential 3 (NR-3)
Comprehensive Plan Analysis
The subject site is located within a "Regional Mixed Use Center" future land use area. For a
Regional Mixed Use Center, the focus area contains the shopping, services, recreation,
employment, and institutional facilities supported by and serving an entire region. Regional
Mixed Use Center is a commercial land use classification and does not include single-family
residential uses, even though it could have high-density housing.
With the proposed comprehensive plan amendment, the subject site would be located within the
"Existing Residential/Infill Compatibility" future land use area. This is a residential land use
classification and includes all existing neighborhoods and other new developments within
established residential areas with compatible land uses, patterns, and design standards. Housing
that is compatible with the existing density, neighborhood service, and commercial land uses is
allowed. The subject property has single family residential structures of the same density as the
other parts of Wind River Estates to the south and west.
Development Code / Zoning Analysis
Detached single-family uses are not permitted in RCR-1 zoning district. The chart below
illustrates the difference between the two zoning districts NR-3 and RCR-1. Limitations are also
explained below the chart.
Single Family Dwellings P N
Accessory Dwelling Units SUP (L1) N
Attached Single Family Dwellings SUP P
Dwellings Above Businesses N P
Live/Work Units N P
Duplexes N N
Community Homes for the Disabled P P
Group Homes N SUP
Multi-Family Dwellings N P
Limitations:
L(1): Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform to the overall maximum lot coverage and setback requirements of the
underlying zone.
2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed
50% of the GHFA of the primary residence on the lot, and shall not exceed 1000sq. ft. GHFA.
4. One additional parking space shall be provided that conforms to the off-street parking provisions of this
Chapter.
Staff Findings
1. The proposed zoning change will bring the zoning 'Neighborhood Residential 3' (NR-3) into
compliance with the existing single-family residential use.
2. The proposed zoning change is compatible with the existing neighborhood and with the intent
of the Denton Plan.
Staff Recommendation
Based on the above finding, staff recommends approval of the requested zoning
ATTACHMENT 2
Maps
NORTH
Location Map
Scale: None
Existing Zoning Map
Scale: None
Proposed Zoning Map
NORTH
Land Use Map
NORTH
Scale: None
ATTACHMENT 3
Public Notification
NORTH
Notification Map
Scale: None
Public Notification Date:
200' Legal Notices* sent via Certified Mail:
500' Courtesy Notices* sent via 1st Class Mail:
Number of responses to 200' Legal Notice
· In Opposition: 1
· In Favor: 2
· Neutral: 0
8/13/03
29
128
Percent of land within 200' in opposition: 0.?? %
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
t
2 7.
3 MS. THOPPIL: Good evening, respective
4 Chair, members of the Commission and all present here.
5 COMMISSIONER MULROY: Cot me -- excuse me.
6 I've been remiss. Let me open the next item, public
7 hearing for a Comprehensiw Plan Amendment. Please
8 proceed.
9 MS. ?unveIL: My name is Gincy Thoppil, a
10 planner in the planning and development depa~nent. This
11 case, the Northeast Wind River Estates is a City-initiated
12 request for a Comprehensive Plan Amendment from Regional
13 Mixed Use Centers to Existing Neighborhood/Infill
14 Compatibility land use. Just a ~minder that this case
15 was continued from the August 27th, Planning and Zoning
16 public hearing due to the neighborhood questions regarding
17 tile validity of the land uses for the surrounding areas.
18 Before bringing this case to the September
19 10th Planning and Zoning Work Session, the City staff had
20 put together a meeting with the members of thc Homeowners
21 Association and the developer of the Unicorn Lake in order
22 to understand the developer's proposed uses. And it was
23 quite a successful one. Also, based on tile staff review
24 of the map in this area, it was reported at the Work
25 Session that all the surrounding land uses were found to
CondenseltTM
Page 1~! Page 19
COMMISSIONER MULROY: Next item, Item No. I About thc public responses, two
2 notifications. Nothing has bceu changed from the first
3 time it was presented. We had received three responses,
Page 18
i be consistent wifl~ the goals of the Denton Plan and the
2 zoning classifications to bo consistent with the zoning
3 that existed prior to the adoption of the Development
4 Code.
5 The 11.68 acre site located to thc north of
6 Wind River Lane and south of 1-35 East contains 37 parcels
7 with already built detached single family dwelling units.
8 The request is intended to rectify the furore land use map
9 of file Comprehensive Plan adopted in December 1999. At
10 that time due to a mapping oversight, the subject site was
11 placed in Regional Mixed Use Centers laud use category
12 even though it was zoned as Single Family 10 Conditional
13 and was preliminary platted for single family residential
14 purposes.
15 Lat~ on with the adoption of the Denton
16 Development Code in February 2002, thc subject property
17 was rezoned to Regional Center Residential 1. So now
18 neither the future land use nor the zoning of the site is
19 consistent with the existing single family use.
20 To address the stated policy that both the
21 zoning and the land use categories are compatible, the
22 first step would be the Comprehensive Plan Amendment from
23 Regional Mixed Use Centers to the proposed Existing
24 Neighborhoods/Infill Compatibility which will bring it in
25 compliance wifl~ Existing Resideutial Use.
4 One in opposition and two in favor. That concludes my
5 presentation. Thank you.
6 COMMISS1ONLI~, MULROY: Any questions,
7 Coumfissloners? Okay. I'm going to -- we do not have any
8 cards from the public to speak on this. And I'm going to
9 close the public hearing on Item No. 7.
10 And I'm going to open thc public hearing
11 continuext for item No. 8, and then we'll take two votes
12 when we finish both o[ these. And I reatizc it's mostly
13 repetitive of the information. We just have to
14 acknowledge for thc public.
t 5 MS, THOPPIL: SO even though this case is a
16 separate item on the Agenda, in fact, it goes hand in hand
17 with the previous case. Thi~ is a zoning change request
18 for the same site from [>,egional Center Residential, that's
19 RCR-t to Neighborhood Residential 3.
20 The existing zoning RCRq does not pmnit
21 Singte Family detached houses. The proposed Neighborhood
22 Residential 3, ~R-3 zoning allows the existing use and its
23 density per acre. The public notifications, again, are
24 the same. That concludes this presentation. Thanks.
25 COMMISSIONEI~. M~.JLROY: okay. Thank you. Is
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there anyone in the public that desires to address Item
No. 8? If not, any discussion or questions from the
Co~mnissioncrs? I'm going to close the public hearing for
Item 8, and will entertain motions l'or Items 7 and 8.
Let's start with No. 7. Mr. Roy.
COMMISSIONER ROY: I move approval of Item
7.
COMMISSIONER STRANGE: s~cond.
COMMISSIONE}~ MULROY: Motion by Mr. Roy.
Second by Mr. Strange fl)r approval for Item -- did you say
8 or 7?
COMMISSIONEI~. I~.OY: 7.
COMMISSIONER MULROY: For Item No. 7.
Please, vote. Motion carries 7-0.
Item No~ 8. Motion, please. Mr. Roy.
COMMI$SIONlql~, ROY: I move approval of Itc'an
COMMISSIONER MULROY: Mr. Watkins.
COMMISSIONER WATKINS: second.
COMMISS1ONI~I~, MULRO¥: Any discussion?
COMMI. SS[ONER I'OWELL: Yes,
- COMM[SS[ONE]~. MULROY: Mr. Powell.
COMMISSIONI,;R POWELL: Only to say that I
think it would have been good for us to have had the
opportunity to vote on this -- well, we had tile
PLANNING & ZONING COMMISSION SEPTEMBER 24, 2003
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opportunity. We didn't vote. And the reason we didn't 1
vote is because there wag a lot of people out in the 2
public that had a lot of what they thought were very good 3
reasons why we shouldn't vote. As it turned out, I don't 4
think those reasons were valid, but nevertheless, a lot of 5
the public did. And we gave them the floor. And they 6
took the floor and we listened. And we're back here 7
tonight doing the stone thing. 8
But I think it was good for us to take that 9
extra time to make sure that the public is heard. And 10
I'll hush. Thank you. 11
COMMISSIONER MULROY: Thank you, 12
Mr. Powell. Any further discussion? Please, vote. 13
Motion carries 7-0. 14
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PLANIqlNG & ZONING COMMISSION SEPTEMBER 24, 2003
Page 23
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Page 21 - Page 24
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM REGIONAL CENTER RESIDENTIAL - 1 (RCR-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL- 3 (NR-3)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
11.68 ACRES OF LAND LOCATED NORTH OF WIND RIVER LANE, SOUTH OF 1-35E AND
AT THE NORTHEAST CORNER OF PHASE IV OF THE WIND RIVER ESTATES
SUBDIVISION; PROVIDING FOR A PENALTY IN THE MAXIIVIUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z03-0021)
WHEREAS, City Council, initiated a change in zoning for approximately 11.68 acres of
land more particularlY described as Lots 1 through 4, Lots 16 through 33, Block J and Lots i through
15, Block K of the Wind River Estates Phase IV, an addition of the City of Denton, Texas (the
"Property") from Regional Center Residential I (RCR-1) zoning district classification and use
designation to Neighborhood Residential 3 (NR-3) zoning district classification and use designation;
and
WHEREAS, on September 24, 2003 the Planning and Zoning. Commission concluded a
public hearing as required by law, after which a motion to recommend aPproval of the requested
change in zoning; and
WHEREAS, the City Council finds that the change is consistent with the Comprehensive
Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The zoning district classification and use designation of the Property is
changed from Regional Center Residential (RCR- 1) zoning district classification and use designation
to Neighborhood Residential 3 (NR-3) zoning district classification and use. Notwithstanding the
above real property description, the property being rezoned includes all property to the centerline of
all adjacent street rights-of-way.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
Page 1 of 2
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
_ dayof ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE: October 21, 2003
DEPARTMENT: Economic Development
CM: Michael A. Conduff, 349-8306 ff~/'~
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Demon, Texas, approving
guidelines for operation of the City of Demon Home Improvement & Optional
Reconstruction 2003 Program and eligibility criteria; authorizing expenditures in excess of
$25,000 for projects meeting program guidelines and criteria; and providing for an effective
date.
BACKGROUND
This ordinance approves guidelines and eligibility criteria for the 2003 Home Improvemem &
Optional Reconstruction Program. Passage of this ordinance authorizes project payments that
exceed $25,000 when project meets program eligibility criteria and guidelines.
City Council awarded CDBG and HOME gram funds for the 2003 Program year as part of the
City of Demon 2003 Action Plan for Housing and Community Developmem. Additional
funding sources include program income, Denton County Housing Finance Corporation grant,
Federal Home Loan Bank gram and owner-provided personal funds. All rehabilitation and
reconstruction projects are competitively bid and owners select comractors from eligible bids
received.
Summary of guideline changes:
1 .) Eligible owners must have owned and lived in their home for not less than three
consecutive years (changed from five years).
2.) A guideline was established regarding assistance of property obtained through inheritance.
3.) Eligible space allowances are being increased.
No other significam changes are being proposed.
OPTIONS
Approve guidelines as presemed
Request revisions to program guidelines
Deny approval of program and reallocate funding to other eligible activities (this would
require amendmem to City's Action Plan for Housing and Community Developmem)
RECOMMENDATION
Staff recommends adoption of the ordinance
ESTIMATED SCHEDULE OF PROJECT
The program guidelines will be in effect for owner-occupied rehabilitation and reconstruction
projects completed from October 1, 2003 through September 30, 2004.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council approved funding for the Home Improvement and Optional Reconstruction
Program activity in the City of Demon 2003 Action Plan for Housing and Community
Development.
FISCAL INFORMATION
Housing staff salaries related to program delivery will be paid with CDBG and HOME funds.
No general fund dollars are included to administer this program.
ATTACHMENTS 1. Proposed Ordinance
2. Home Improvement & Optional Reconstruction 2003 Program
Guidelines
Respectfully submitted:
Linda B. Ratliff
Director, Economic Department
Prepared by:
Nancy L. Baker
Housing Program Manager
S:Our Docunlmlt ~Ordhlmlce~03~ 003 Hmne llnpr ox mllmlt Opt kraal Reconstruct Prog ord doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME
IMPROVEMENT & OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY
CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $25,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton recognizes the need to assist low and
moderate income families in securing safe, sanitary and decent housing; and
WHEREAS, the City of Denton participates in a Home Improvement & Optional
Reconstruction Program administered by the City of Denton Community Development Division
and funded through a federal grant from the Department of Housing and Urban Development; and
WHEREAS. The City Council deems it to be in the public interest to approve the Program
Eligibility Criteria for the 2003 Program year; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council approves the Home Improvement & Optional
Reconstruction Program Guidelines and Home Improvement & Optional Reconstruction Program
Eligibility Criteria which are attached hereto and made a part of this ordinance for all purposes as
Exhibit "A" and authorizes the City of Denton Community Development Division to administer this
program.
SECTION 2. That the City Council authorizes the expenditure of funds in excess of $25,000
by the Community Development Division for projects meeting Program Guidelines and Criteria,
subject to compliance with competitive bidding laws, where applicable.
SECTION 3. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__ day of _, 2003.
EULINE BROCK, MAYOR
S:Our Docummlts Ordhlances 03 2003 Home lnlpr ox mllmlt Optional Reconstruct Prog ord doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2 of 2
Home Improvement
&
Optional Reconstruction
2003
Program
Guidelines
Available in Spanish / Disponible en Espahol
Effective Date: 10/01/2003
Applicant(s) Is
Subject To All
Guideline Changes
TABLE OF CONTENTS
Introduction
Description of Program Procedures
Page #
Home
II.
IV.
V.
VI.
VII.
VIII.
Improvement Program 5
Eligibility Requirements .............................................................. 5
Application Processing ................................................................. 6
Description of Financial Assistance ............................................. 7
Feasibility for Rehabilitation Process ........................................ 10
Appeals Provision ...................................................................... 11
Contractor Selection and Monitoring ......................................... 11
Payment to Contractor ................................................................ 12
Contractor Debarment ................................................................ 13
Optional Reconstruction Program
14
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
Purpose ....................................................................................... 14
Designated Authority ................................................................. 14
Implementation Process ............................................................. 14
Eligibility Requirements ............................................................ 15
Feasibility for Reconstruction .................................................... 16
Selection of Recipients for Assistance ....................................... 16
Allowable Expenses & Categories of Financial Assistance ...... 16
Rehousing Agreement ................................................................ 19
Final Inspection - Certificate of Occupancy .............................. 19
Appendices
2O
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Qualifying Income Limits and Ranges for the City of
Denton's Federally Assisted Programs ................................ 21
Target Neighborhoods Map ................................................. 22
Optional Reconstruction Program Application and
Temporary Relocation Questionnaire .................................. 23
Optional Reconstruction Program Rehousing Agreement
for Applicants ...................................................................... 24
INTRODUCTION
The City of Denton Home Improvement and Optional Reconstruction Program is designed to assist low and
moderate-income families in securing safe, sanitary and decent housing. This program's objective is to assist
eligible homeowners to rehabilitate single-family owner-occupied houses by making needed repairs with the first
priority being to correct code violations. When a determination is made that the structure is not feasible to
rehabilitate to minimum standards the applicant may be eligible for assistance to reconstruct the property. The
Optional Reconstruction Program provides funds to demolish existing dilapidated dwellings and reconstruct adequate,
decent, safe and sanitary replacement dwellings.
The Home Improvement and Optional Reconstruction Program is administered by the City of Denton's
Community Development Division and is funded by federal grant from the Department of Housing and Urban
Development.
The following pages contain a detailed description of this program including policies and procedures. The
purpose of these guidelines is to explain to potential applicants and the citizens of Denton, the Home
Improvement and Optional Reconstruction Program and the levels of assistance. For further information or
clarification of the guidelines, contact the Community Development Division.
Community Development Division
101 S. Locust Street, Suite 500
Denton, Texas 76201
(940) 349-7726
(In the Wells Fargo Bank Building - Fifth Floor)
Home Improvement Program
Description of Program Procedures
Eligibility Requirements Eligibility requirements must be met for both the applicant household and the structure.
Eligibility for assistance is completed in two phases as described in Sections I.A. and I.B. below.
A. Applicant/Household EligibiliW Requirements Are:
1. Must be a United States citizen or a legal resident alien.
2. Must have owned and occupied the single-family-dwelling unit for not less than three consecutive years. (The
period of time an applicant has lived in a property under a lease for purchase/or contract for deed form of
purchase may be taken into consideration in calculating the three consecutive years.)
3. Must hold a Fee Simple Title to the property.
a. If applicant is purchasing their home by a "contract for deed" (or a like contract), where applicant
does not gain title to the property deed until all contractual obligations have been met, applicant is
not eligible for rehabilitation assistance. The seller must provide the purchaser with a warranty deed on
the property to satisfy the eligibility requirement of item I.A.3. above.
b. If applicant(s) inherited property, the legal documents establishing applicant(s) as the sole deed holder
must be on file in the Real Property Records of the Denton County Clerk's Office. If applicant can
provide proof of residency and financial responsibility for this property for the most recent three (3)
consecutive years, the three-year consecutive ownership requirement may be waived.
4. Must meet program's income limits.
a. Gross annual total household income is at or below 80 percent the current Area Median Income (AMI)
adjusted for family size. Current maximum income limit by household size is:
Number of People
Living in Household
1
2
3
4
5
6
7
8
80% of the AMI
Maximum Income Limit
$37 250
$42 550
$47 900
$53 2OO
$57450
$61 700
$65 95O
$7O 2OO
b. Must not have assets (total combined for all household members) in excess of $100,000.
NOTE 1: The appraised value of the applicant's home is excluded in total assets calculation.
NOTE 2: Annual income and asset income are calculated using HUD's most current Section 8 Income
guidelines and rules as established in the Technical Guide/bt Determining Income.
Must be in good credit standing with and exhibit the financial ability to pay creditors including the following
basic housing expenses:
a. Home Mortgage Payment including the loan with the City of Denton to rehabilitate property
b. Loan and revolving credit payment(s).
c. Property Taxes (City, County, DISD) for all owned properties.
d. Homeowner's Insurance Policy premiums
II.
e. Utilities: electrical/water/sewage/solid waste and gas
6. Homeowner may be required to apply for a loan to provide the program-required owner contribution toward
project cost (see Section III.A.).
7. Pre-existing mortgage note balance cannot exceed 80 percent of the property's appraised value as set by the
Denton Central Appraisal District (cannot exceed 70 percent of the property's appraised value to participate in
the Optional Reconstruction Program).
NOTE: The City of Denton reserves the right to request an independent market analysis.
8. Applicants denied assistance due to poor credit history may be reconsidered for the program upon verifiable
completion of six (6) consecutive months of successful debt management with Consumer Credit Counseling of
North Texas or other debt management companies with written approval.
B. Property Eligibility Requirements
1. Must be classified as a single-family-dwelling unit and be situated in a Targeted Neighborhood within the city
limits of Denton (Refer to Targeted Neighborhoods Map - Appendix 2).
2. Must exhibit building code deficiencies that make the structure unsafe or unsanitary.
3. May not have existing property code violations (such as high weeds, trash, debris, junk vehicles, etc). Any
liens placed on a property for correcting any past or present code violations must be paid in full by the time
application processing occurs.
4. Must be serviced by a City-approved water supply, sanitary sewer and electrical system.
5. Must meet all of the City of Denton's Land Development Codes.
6. Must be feasible for rehabilitation as defined in Section IV of these Program Guidelines.
7. Must be covered by an approved homeowner's insurance policy.
NOTE: If an applicant's property is not currently insurable because of its present condition, the
applicant must obtain a homeowner's insurance policy quote (from any reputable insurance agency).
The quote should be based on the after-rehabilitation structural status. Uninsurable applicant(s) should
inform The Insurance agent that the structure will be rehabilitated to meet al.~l current Building,
Electrical, Plumbing and Fire-Safety codes. Applicant must provide this quote to the Community
Development Division and sign a NOTICE OF INTENT AND AGREEMENT TO OBTAIN A
HOMEOWNER INSURANCE POLICY to satisfy this eligibility requirement.
8. A property that has been previously rehabilitated with Federal or State grant funds after March 1995 is not
eligible for assistance. Properties having received assistance before April 1995 may be eligible for additional
assistance after eight (8) years from the date of the last assistance.
9. With the exception of 1.B.8. above, households previously assisted with HOME funds may be eligible for rehab
assistance based on availability of funds and federal regulations.
Application Processing
A. To be placed on the waiting list, applicants must meet the following guidelines:
1. Household's total gross annual income does not exceed current program income limits.
2. Owner is the occupant of a single-family dwelling unit for not less than three consecutive years.
3. Property is located in a Targeted Neighborhood (see Appendix 2)
4. Applicant must complete a l/Fairing List Application Form and attach a copy of property deed. (Waiting List
Application Forms are available at the Community Development Division, 101 S. Locust Street, Suite 500,
Denton, Texas, 76201, 940-349-7726.)
B. A household is assigned the next available number on the waiting list, in the order, by time and date the completed
waiting list application is received by the Community Development Division.
C. When applicant reaches the top of the waiting list, s/he will be notified in writing to complete the application
process. The letter of notice to apply for assistance requests applicant to provide the following items:
· Copy of Deed or Warranty Deed for the property to be rehabilitated (applicant must be deed holder)
· Name/mailing address of your mortgage company (if you have a mortgage payment)
· Name/mailing address of your Homeowner insurance policy provider with "paid" receipt or canceled check
· Current year's "paid" Property Tax receipts from DISD, City and County tax offices.
· Most current Notice of Appraised Value from the Denton Central Appraisal District
· Current year's Income Tax Return with W-2's, 1099's, etc. for each household member who filed tax returns
· Social Security number(s) for household members who receive Social Security benefits
· Most current income statement (if you receive Social Security benefits)
· Paycheck stubs for last four weeks for each employed household member
· Employers' names/addresses for each employed household member
· Names and addresses of retirement income or any other income sources (ALL INCOME SOURCES MUST BE
DISCLOSED--RETIREMENT, RENTAL/HAP INCOME, AFDC, FOOD STAMPS, ETC.)
· Divorce decree if you receive child/other support from a divorce o_r if you were awarded deed to your property through a
divorce
· Two most current months' statements (must include names/addresses/account numbers of all banks, credit unions, savings
banks, IRA accounts, etc. for al_l household members who have any of these types of accounts
· Bills for the last twelve months from TXU, CoServe, ONCOR and City. Utilities. (If you don't have copies of the last
twelve months bills, TXU, CoServe, ONCOR or City of Denton Utilities will mail you a summary. Please be sure the
summary has your current balance stated.)
NOTE: Deadlines given for contacting the CD office to make an appointment to apply and those given for submitting
application information will be stated in the notice to apply letter (See Section II.C.). The deadlines will be
enforced.
D. Applicant must provide all information requested in II.C. above that applies to his/her household and complete all
required verification forms in the application packet. All provided information must be current and up to date.
Household income will be re-verified prior to contract signing. All information will be verified by Community
Development staff: If any information is found to have been intentionally falsified, the application will be rejected
and the applicant will not be allowed to reapply to this program.
E. Community Development staff will calculate the gross annual household income and determine the percent of
income spent for housing expenses.
F. Community Development staff will notify eligible applicant(s) of the financial assistance category he/she is eligible
for under the program guidelines. Applicant will be notified that final eligibility for assistance is determined upon
completion of the feasibility for rehabilitation process. Ineligible applicants will be notified of the reason their
application for assistance is being rejected.
iii. Description Of Financial Assistance Categories
A. Applicant must attend a credit evaluation meeting with Consumer Credit Counseling Services, Inc. Also, obtain a
loan, or provide from personal funds a personal contribution toward the rehabilitation of the property. The amount
of private funds a household is asked to contribute to the project is based on a sliding scale as follows:
Moderate (80%-+65%AMI) Income Households
Low Income (65%-+50%AMI) Households
Very-Low Income (50%-+30%AMI) Households
Extremely-Low Income (0-30%AMI) Households
: 1% of total project
: .75% of total project
: .5% of total project
= .25% of total project
To be eligible for assistance through the City of Denton's Home Improvement Program a family must be in good
credit standing and exhibit the ability to pay back a rehab loan.
The City of Denton will fund the remaining project cost. This City funded portion of the project has a loan lien
period and financial assistance categories for those who qualify for the Home Improvement Program. The loan lien
period categories are based on project cost. The financial assistance categories are based on the Qualifying Income
Limits and Ranges for the City of Denton's Federally Assisted Programs (see Appendix 1 to these guidelines
for current income limit ranges). A description of the loan lien period and financial assistance categories and their
requirements are:
Loan Lien Period Categories:
Project Cost Less than $10,000
Project Cost Between $10,000 - $25,000
Project Cost Between $25,001 & up
Financial Assistance Categories:
1.
= 5 year lien (60 months)
= 10 year lien (120 months)
= 15 year lien (180 months)
70 Percent Rehabilitation Loan / 30 Percent Deferred Payment Loan: Applicants whose gross annual
household income falls above 65 percent up to 80 percent of the area median family income limits will qualify
for this two-part loan;
a. a 3 percent interest loan with the loan amount being based on 70 percent of the total City-funded project
cost amortized over the Loan Lien Period. The lien will not be released on this part of the loan until all
payments are received in full by the City of Denton; and
b. a deferred payment loan with the loan amount being based on 30 percent of the total City-funded project
cost. A detailed description of the deferred payment loan is found below at the end of section III.B.4.
2. 40 Percent Rehabilitation Loan / 60 Percent Deferred Payment Loan: Applicants whose gross annual
household income falls above 50 percent up to 65 percent of the area median family income limits will qualify
for this two-part loan;
a. a 3 percent interest loan with the loan amount being based on 40 percent of the total City-funded project
cost amortized over the Loan Lien Period. The lien will not be released on this part of the loan until all
payments are received in full by the City of Denton; and
b. a deferred payment loan with the loan amount being based on 60 percent of the total City-funded project
cost. A detailed description of the deferred payment loan is found at the end of section III.B.4.
3. 20 Percent Rehabilitation Loan / 80 Percent Deferred Payment Loan: Applicants whose gross annual
household income falls above 30 percent up to 50 percent of the area median family income limits will qualify
for this two-part loan;
a. 3 percent interest loan with the loan amount being based on 20 percent of the total City-funded project
cost amortized over the Loan Lien Period. The lien will not be released on this part of the loan until all
payments are received in full by the City of Denton; and
b. a deferred payment loan with the loan amount being based on 80 percent of the total City-funded project
cost. A detailed description of the deferred payment loan is found at the end of section III.B.4.
4. 10 Percent Rehabilitation Loan / 90 Percent Deferred Payment Loan: Applicants whose gross annual
household income falls at or below 30 percent of the area median family income limits will qualify for this two-
part loan;
a. a 3 percent interest loan with the loan amount being based on 10 percent of the total City-funded project
cost amortized over the Loan Lien Period. The lien will not be released on this part of the loan until all
payments are received in full by the City of Denton; and
b. a deferred payment loan with the loan amount being based on 90 percent of the total City-funded project
cost. A detailed description of the deferred payment loan is found at the end of section III.B.4.
*DESCRIPTION OF A DEFERRED PAYMENT LOAN
A deferred payment loan shall carry 0 percent interest and continue until the applicant satisfies the conditions listed
in the deed of trust and promissory note executed prior to project start date. There are no monthly payments.
Deferred payment loans are secured by a lien on the property. For each month the applicant lives on the property, a
monthly payment amount established in a promissory note will be forgiven. If the property is sold or transferred
before the lien period expires, the applicant is credited for every month of residency. The credit is subtracted from
the total loan amount to determine the unforgiven loan balance. The unforgiven balance is owed and becomes due to
the Community Development Program. Amounts received are used as program income. The City of Denton will be
in the first lien position on all rehabilitated dwellings. However, in situations where first lien position is not feasible,
the City will accept a second lien position subject to the review and approval of the Community Development
Administrator. The lien will not be released unless the following conditions are met:
1. The applicant must reside in the unit for the full period of the lien.
2. The property must be maintained to meet City code requirements.
3. Mortgage payments must be met on a timely basis.
4. Home applicant must provide documentation of adequate homeowner's insurance, including casualty and fire
coverage, and the City must be listed as a Mortgagee on the Certificate of Insurance to be notified in case of
policy cancellation.
NOTE: Thc Deed of Trust Contract requires thc applicant, upon completion of thc rehabilitation, to maintain
and/or purchase, for thc full length of time which thc City of Denton will have a lien on property, an
insurance policy that: covers all improvements resulting from thc rehabilitation for their full insurable value;
provide fire and extended coverage, including windstorm coverage; provides flood insurance at any time
property is in a flood hazard area. Applicant agrees to comply at all times with thc requirements of thc 80
percent coinsurance clause; and keep any buildings occupied as required by thc insurance policy.
5. If within the period of the lien the applicant defaults on their deferred payment loan or the payable loan, the lien
will be called due in full and foreclosure proceedings may be initiated. The City will make every effort to work
with the applicant to avoid foreclosure and will examine each situation on a case-by-case basis.
Repayment Policy for Financial Assistance: The applicant must agree to have a lien placed on their property until
they have satisfied the requirements of the promissory note. The lien will remain until the loan has been paid in full.
If for any reason the loan recipient decides to sell or rent the property before the lien's terms are all met, the note's
balance will become due.
In the event the owner(s) passes away prior to the maturity date, or the owner(s) can no longer reside in the property
due to a permanent medical condition, should the legal heirs to the property decide to sell the property, the City of
Denton will settle for the lesser of:
a. 70 percent of the property's market value (based on an approved independent appraisal at the time of sale); or,
b. The payoff balance of the lien due the City of Denton at the time the applicant passed away or is no longer able
to reside in his/her home.
Liens will remain in effect until the grantee has met all requirements as specified in the promissory note. In the
event of the sale of the property, any unpaid balance of the loan and the total deferred loan amount will become due
immediately. If, in the event of the death of the grantee, a family member who meets the Program's income limits
who takes up residency in the property and who becomes the sole deed holder of the property must apply and qualify
to the Community Development Division for continued assistance with the loan. The assistance level will be based
on current-year Program guidelines and the applicant-owner will be required to sign a Modification and Extension of'
Real Estate Note andLien. Failure to do so can result in default on the loan, the lien will be called due in full and
foreclosure proceedings may be initiated. The City will make every effort to work with the applicant to avoid
foreclosure and will examine each situation on a case-by-case basis.
If, after the loan payback begins, a household experiences a permanent, substantial loss of household income, an
applicant can request a re-evaluation of their total annual gross household income. This evaluation may result in a
decrease in the payable portion of the note. The loss of income must be from an income-earning household
member(s) whose income was used in determining the original loan assistance category. Please note: Loss of
employment (voluntarily or involuntarily) is not considered a "permanent loss". For purposes of this program
"permanent loss" is defined as:
1. death
2. retirement (must be 62 years of age or older)
3. permanent disability
4. Other substantial permanent loss of income, when approved by Community Development Administrator.
All household members must complete all income information and forms as required in Section II - Application
Processing to determine if an adjustment and/or extension to the payable portion of the note is eligible. A
determination will be made after evaluating the household size and income using the program guideline income
limits and financial assistance categories that are being used at the time the request for reduced loan payment is
made. When a loan adjustment and/or extension is granted, the applicant must sign a Modi/ication and Extension of
Real Estate Note andLien reflecting the adjustment and/or extension of the note.
IV. Feasibility For Rehabilitation Process
A. A decision as to whether a structure is feasible for rehabilitation is made after a complete assessment of the
following factors.
1. Completion of a detailed inspection of the property by Community Development staff is conducted. This
inspection includes completing a list of all deficiencies that must be corrected in order to bring the structure up
to minimum program standards (compliance with HUD's Section 8 Minimum Housing Quality Standards) and
City of Denton building codes.
2. Determine if the rehabilitation cost will be affected by: the zoning of a property, a property being located in a
designated 100-year floodplain or floodway, a need to abate possible presence of lead-based paint, possible
historical restoration requirements or if a rehab will reduce noise levels if property is in a high noise area.
NOTE: The Floodplain Management regulations limit the total cost of all non-code repairs for any structure
located in a designated 100-year floodplain to not exceed 50 percent of a property's (structure only) pre-
rehabilitation appraised value as set by the Denton Central Appraisal District.
3. Determine if the framework and foundation of a structure are stable, or can be made stable through
rehabilitation.
4. Lead-based paint hazard reduction techniques will be used when lead-based paint exceeds HUD's acceptable
limits for lead content in existing paint. The limits for lead content exceed HUD's limits when lead content
exceeds 1 mg per cm2 (one milligram per centimeter squared), or 5000 ppm (parts per million). The reduction
techniques used by this program are described and found in the U. S. Department of Housing & Urban
Development's publication, Guidelines For The Evaluation and Control Of Lead-Based Paint Hazards In
Housing, issued June 1995.
5. Is a room addition(s) needed to relieve serious overcrowding?
NOTE: Room additions and improvements to relieve serious overcrowding may be eligible and require the
approval of the Community Development Administrator. The City will follow the standards consistent withthe
Community Development Division Replacement Housing Space Allowances Policy when considering the
number of bedrooms needed to avoid overcrowding.
B. Using all information obtained in items IV.A. 1-5. above, a cost estimate and structural evaluation will be completed.
A project with a cost estimate above Program Maximum Limits is not eligible for rehabilitation assistance.
Applicant may be referred to Optional Reconstruction Program.
C. PROGRAM MAXIMUM LIMITS FOR REHABILITATION
A rehabilitation that cannot meet all of the following limit tests is considered cost prohibitive or not feasible for
rehabilitation.
10
VI.
Rehabilitation will not exceed $40 per square foot of total living space (using after rehabilitation square
footage). Exceptions: An additional $10 per square foot is available if the house needs to comply with lead
reduction. An additional $10 per square foot is available if house needs to comply with historical requirements.
2. Rehabilitation will not exceed the current Maximum Home Subsidy Limits for Denton as set by HUD.
3. The after rehabilitation appraised property value plus all costs expended to complete the project (including the
other funds and owners portion) will not exceed the current Single Family Mortgage Limit for Denton as
established by HUD.
D. PROGRAM MiNIMUM LIMITS FOR REHABILITATION
A structure needing less than $5000 of repairs is not eligible for rehabilitation assistance.
An applicant who feels that s/he has been unjustly denied rehabilitation assistance under the City's Home Improvement or
Optional Reconstruction Program should follow the appeals procedure outlined in Section V.
Appeals Provisions:
A. Request for Waiver: The City of Denton's Home Improvement Program has been developed to adhere to a set of
guidelines in order to assure proper administration and management of the Home Improvement Program. In the
event that an applicant feels that his/her circumstances require special consideration, s/he can request, in writing, a
waiver from the usual requirements. All requests should specify the requirement(s) to be considered for waiver and
state the applicant's reason(s) or special circumstances why s/he believes a waiver should be approved. Requests
will be reviewed by the Community Development Administrator on a case-by-case basis. Applicant will be notified
in writing of the Community Development Division's final decision.
B. Appeals Procedure: Applicants, who have been determined by the Community Development Administrator to be
ineligible for rehabilitation, may appeal this decision to the Department Director. A written appeal must be
submitted.
The Department Director shall issue a written response within fifteen days of receiving the request.
Contractor Selection And Monitoring
All housing rehabilitation recipients are responsible for finding a contractor who will develop a proposal to make the
necessary repairs to their home. Your contractor's proposal must be submitted to the Community Development Division
within 30 days from the date you receive the work order write-up prepared by the Community Development Housing
Inspector.
Contact any reputable and experienced contractor and request a bid for the required work.
IF YOU HAVE ANY TROUBLE FINDING A CONTRACTOR, contact any of the following places for assistance:
· Your local Better Business Bureau
· Any friends or neighbors who have had remodeling done to their properties.
· Chamber of Commerce
· Community Development Division Contractor's List
When a contractor comes to look at your home you should:
· Show him/her the mandatory work items that have been identified by the Community Development Housing
Inspector.
· Advise him/her that the bid proposal must be returned to you or the Community Development Division for
submission to the rehabilitation program on or before the due date.
DO NOT SIGN ANY AGREEMENT WITH THE CONTRACTOR.
Bring the contractor's bid proposal to the Community Development Division at 101 S. Locust Street, Suite 500, where
you made your original application. The Community Development Rehabilitation Construction Specialist orthe Housing
11
Programs Manager will review the proposal to verify that:
1. The contractor is licensed and has all City-required insurance coverages.
2. All required improvements have been included in the bid.
3. The proposed work is in conformance with the program's General Specifications.
4. All proposed rehabilitation costs are reasonable.
5. The contractor you have chosen has not been disqualified (debarred) by any local, State or Federal government
agency.
The bid proposals that are submitted by the applicant will be reviewed by the Community Development Housing
Rehabilitation Inspector to determine if the total bid price is reasonable and under the maximum allowable amount. THE
CITY OF DENTON AND THE APPLICANT RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS.
If the bid proposal selected by the applicant is approved by the Community Development Administrator, then the
Community Development staff shall proceed with the review of all other forms submitted by the contractor. Any
contractor whose name appears on the most current HUD or City of Denton Debarred Contractor's List will not be
eligible to participate in this program. References will be checked and claims of substandard workmanship will be cause
to declare a contractor ineligible. The contractor must also submit all required proof of insurance forms and bonds (if
applicable). Failure to submit these will result in rejection of the bid proposal.
Once the contractor has been selected and approved, a construction contract must be signed. Before the contractor can
start work, the applicant must issue a notice to proceed.
The contractor's work will be monitored by the applicant, the Community Development staff and the City of Denton
building code inspector. If the applicant considers any work done by the contractor to be unsatisfactory or incomplete,
the applicant should advise the contractor of the discrepancy and ask that it be corrected. In the event a dispute exists
between the applicant and the contractor with respect to the rehabilitation work, the City shall take appropriate action in
accordance with the provisions of the construction contract to assure that the applicant is satisfied before making any
payment to the contractor. In the event a dispute cannot be resolved, the Department Director shall consider all pertinent
facts and shall decide an appropriate course of action to resolve the dispute.
Acceptance of Work
1. Final Inspection - In order for the contractor to close out a rehabilitation job, a final inspection shall be made by the
City of Denton building code inspector, the Community Development staff; and the applicant. If the final inspection
results in no additional work or no specified corrections, the applicant shall sign the contractor's release form which
states that all work has been completed to their (applicant's) satisfaction. The building code inspector shall sign a
final inspection form to confirm the same. At this time, the contractor is required to submit to the Community
Development Division copies of all warranties and releases of liens from subcontractors and suppliers. Community
Development will not authorize payment to the contractor until these documents are properly completed and
submitted. Community Development staff will make copies of warranties and other documentation. The applicant
will receive original warranty and guarantee documents. The Community Development Division will retain copies of
these documents for the file.
2. Warranty of Work - As stated in the rehabilitation contract, the contractor shall guarantee the work performed for a
period of at least one-year from the date of final acceptance. The contractor will return in thirty (30) days and ask the
applicant if any additional repairs are necessary. Any deficiencies or necessary repairs to specified work will be
completed at this time. If no repairs are needed, the contractor will request that the applicant release the contingency
payment.
VII.Payment To Contractor
The contractor shall receive payment, minus the contingency amount, for all completed contracts within 15 working days
after final inspection approval. The contingency amount equals 10 percent of the total contract amount and will be
withheld for thirty (30) days from the date of final acceptance by CD staff: After thirty days, if no additional or warranty
work remains, the contractor must request from applicant an approval to release withheld contingency funds.
A contractor may request interim payments throughout the course of the project. Interim payments will be made available
12
to the contractor upon applicant and inspector approval of any contract work that has been completed. Contractor will
submit a CONTRACTOR REQUEST FOR PAYMENT AND PERIODIC STATEMENT from the applicant when
requesting payments.
An "All Bills Paid" affidavit and release of lien from all subcontractors and suppliers must be submitted by the contractor
to the Community Development Division before final payment can be released to contractor. All electrical, plumbing,
mechanical and roofing permits and termite inspection report must also be submitted to the Community Development
Division prior to releasing contingency payment to the contractor.
VIII. Contractor Debarment
A contractor will be declared ineligible to participate in projects funded by the City of Denton's Home Improvement
Program for one or more of the following causes:
1. Failure to complete a project within the prescribed contract period.
2. Failure to complete warranty repairs within a reasonable time period.
3. Failure to use licensed plumbing and electrical subcontractors.
4. Failure to obtain City-required insurance, i.e., general contractor's liability, automobile liability and builder's risk (if
applicable).
5. Failure to complete work in accordance with program specifications and/or accepted standards of workmanship.
6. Failure to pay all subcontractors working on the project appropriately and/or by not submitting affidavits of payment
signed by all subcontractors.
7. Failure to obtain proper permits for work in progress.
8. Failure to treat applicants with respect and courtesy.
Contractors will be notified of their proposed debarment and will be affbrded the opportunity to comment or appeal the
action. All appeals must be made in writing to the Community Development Division by the 15th day from the date of
the notification letter.
Contractors debarred from the Home Improvement Program may no longer contact applicants receiving CDBG or HOME
grant funds with the intent of providing a bid for a project.
13
Optional Reconstruction Program
Description of Program Procedures
Unless herein stated otherwise, the general operating procedures contained in the City of Denton Community
Development Home Improvement Program Guidelines will be followed.
I. PURPOSE
A. Th~ City ~fD~nt~n~ T~xas~ will pr~vid~ assistanc~ n~c~ssary t~ acc~mplish the rec~nstructi~n ~f dwellings n~t
feasible for rehabilitation. The Optional Reconstruction Program will provide funds to demolish existing
dilapidated dwellings and reconstruct adequate, decent, safe and sanitary replacement dwellings. In addition,
the City will also promote the elimination of slum and blight that exists in the City.
B. Reconstruction payments and assistance will be carried out under the City of Denton% Community
Development Program as an eligible expense from project funds. Assistance shall be subject to the availability
of grant funds and U.S. Department of Housing and Urban Development (HUD) implementing regulations.
Administrative procedures will be modified to meet any change in rules and regulations of HUD that may
occur over time.
II. DESIGNATED AUTHORITY
A. Administrative authority for implementation of the program will rest with the City of Denton's Community
Development Division. This office will serve as the approving office for rehousing agreements and for
contractual and budget changes as needed for project completion.
B. The Community Development Administrator will have the responsibility for final determination of the amount
of reconstruction assistance to be made available to individual applicants in accordance with the implementing
procedures.
C. The Community Development Administrator will be responsible for approval of applicant eligibility for the
program and final approval of selection of applicants to be assisted. This will be based upon relative need of
applicants on the City's list of houses that have been determined infeasible for rehabilitation under the Home
Improvement Program.
III. IMPLEMENTATION PROCESS
Steps in implementing the program will be as follows:
A. Community Development Division maintains the list of applicants to the Home Improvement Program. When a
determination has been made that the structure is not feasible to rehabilitate to minimum standards under the
City's Home Improvement Program. Eligible applicants will be assisted in the reconstruction of their home.
They will be assisted in the Home Improvement Program Waiting List order.
B. Applicant is notified that the rehabilitation of the structure has been determined to be infeasible. Eligibility
requirements for the Optional Reconstruction Program must be met for applicants to be placed on the Optional
Reconstruction Program waiting list.
C. Staff evaluates applications for reconstruction assistance as specified in Section VI. Staff processes
applications as possible under funding and staff limitations.
D. Applicant is informed of available assistance.
E. Applicant submits an Optional Reconstruction Program Application & Temporary Relocation
Questionnaire, acknowledging receipt of information explaining the City's program, and requesting
reconstruction assistance to enable applicant to obtain suitable and adequate housing.
14
F. Community Development Staff determine whether or not approval of applicant's Optional Reconstruction
Program Application & Temporary Relocation Questionnaire reasonably may be expected to result in the
successful and feasible rehousing of the applicant. In cases where the applicant's general health or income
level would preclude his or her adequate and responsible operation of a replacement dwelling; and/or cases in
which the costs of the replacement dwelling would be substantially above the costs of typical cases; and to the
extent that the probability of the City reaching its Community Development Program goals would be
endangered due to cost overruns, the applicant's request may be denied. The applicant will be notified in
writing of the determination and, if the request is not approved, the reasons for denial. When the determination
is approval of the applicant's request, a Notice of Approval will be sent informing the applicant that the City is
authorized to enter into a rehousing agreement with the applicant for a specified Replacement Housing
Payment determined appropriate by the city pursuant to its Reconstruction Policy. Prior to any agreement
being executed between the applicant and the City, the Community Development Division will comply with
the public disclosure and notification/authorization to and from HUD requirements according to 24CFR Part
70, Section 104(d), Reconstruction and One-for-One Replacement Housing Requirements.
G. A Rehousing Agreement is executed between the applicant and the City, under the terms of which the applicant
agrees to move permanently and voluntarily from the dwelling on or before a specified date.
H. Community Development Staff will provide counseling and assistance as needed to applicants in order to
facilitate the applicant's rehousing, including referrals to builders, suppliers, etc.
I. The applicant and the Community Development Division agree to the arrangement and method of the approved
payments, the applicant will execute a contract with a builder for the selected replacement dwelling. The
applicant will also contract for the demolition of the substandard dwelling and for lot and site clearance and
preparation.
J. When appropriate, the applicant voluntarily vacates the substandard dwelling.
K. The replacement dwelling is constructed on the same lot as the original and is inspected by the City Building
Inspections Division to determine adequacy and compliance with City codes.
L. City certifies that the replacement dwelling is decent, safe, and sanitary and ready for occupancy. City issues a
final building inspection.
M. Applicant is required to obtain a Homeowner's Insurance Policy to cover the reconstructed home, as required
by Deed of Trust. Coverage is required prior to the homeowner(s) moving in. Failure by the owner, or their
representatives, to obtain homeowner ts Insurance could result in the Community Development Office
obligation to obtain insurance for the property and to take immediate action to begin foreclosure of the
property.
N. Applicant accepts replacement home.
O. A formal closing ceremony is held and applicant acknowledges receipt of payment schedule.
P. Upon completion of all actions in regards to reconstruction, applicant acknowledges in writing that all
payments, assistance, and conditions of the rehousing agreement have been received to the applicant's
satisfaction.
Q. Applicant occupies replacement structure.
IV. ELIGIBILITY REQUIREMENTS
Eligibility for reconstruction payments and assistance shall be established as follows:
A. Applicant has applied for rehabilitation assistance under the City of Denton's Home Improvement Program.
B. Applicant was rejected for rehabilitation assistance on the grounds that the dwelling was not feasible for
rehabilitation.
15
C. Applicant is the owner-occupant of the dwelling for which reconstruction assistance is being requested and s/he
resides within a Targeted Neighborhood (see Appendix 2). The dwelling has been the applicant's principal
residence for a minimum of 5 years prior to application for reconstruction assistance.
D. Applicant has presented proof of ownership by General or Special Warranty deed (City staff verifies proof of
ownership through a title search
E. An existing mortgage note balance cannot exceed 70 percent of the property's estimated after reconstruction
appraised value as set by the Denton Central Appraisal District. (Note: The City of Denton reserves the right
to request an independent market analysis.)
F. Applicants shall provide complete and accurate information regarding their household composition, household
income, and housing situation. Failure to disclose information that may affect eligibility requirements shall
also constitute fraud. Applicants shall be required to make full restitution to the City in the event Community
Development Division services are provided to applicants who provide inaccurate or incomplete information in
order to meet eligibility requirements.
G. Applicants must demonstrate that their income exceeds their projected housing expenses.
H. Applicants agree to conform to Denton Code Enforcement requests prior to being determined eligible for
replacement housing assistance. Applicants agree to maintain dwelling and exterior grounds in accordance
with applicable city ordinances.
I. Applicants are required to attend the Successful Homeownership Workshop, with emphasis being placed on
maintenance, budgeting, cost effective decorating, and responsibilities of home ownership.
J. Applicant may be required to apply for a loan to provide the program-required personal contribution.
V. FEASIBILITY FOR RECONSTRUCTION
Feasibility for reconstruction is based on determining all related costs to complete a reconstruction project. Total
project costs cannot exceed the maximum amount allowed as set by the current Section 221(d)(3) Lowest Home
Per-Unit Subsidy Limits for the State of Texas as set by the Department of Housing and Urban Development
(HUD). Project costs include, but are not limited to, the cost of demolition, site preparation, cost of replacement
dwelling, title search fee, and/or required City permit fees for construction.
VI. SELECTION OF RECIPIENTS FOR ASSISTANCE
A. Initial recipients of this program will be taken from the list of applicants residing in structures determined to be
infeasible to rehabilitate. Additional recipients will be added during subsequent operation of the City of
Denton's Home Improvement Program.
B. The number of recipients to receive assistance will be subject to availability of funds.
C. Applicants will be placed on a waiting list for reconstruction assistance based on the time and date they
originally applied to the Community Development Division for rehabilitation assistance.
VII. ALLOWABLE EXPENSES AND CATEGORIES OF FINANCIAL ASSISTANCE
A. The primary form of assistance to be provided will be the use of Federal HOME grant funds to pay for the cost
of the replacement dwelling and costs related to replacing a substandard unit.
B. In general the City will follow the standards consistent with the Community Development Division
Replacement Housing Space Allowances Policy when considering the number of bedrooms needed to avoid
overcrowding. The policy allow for:
A household consisting of one person is eligible for two bedrooms. A household consisting of more than
one person is eligible for three bedrooms.
C. The City of Denton has FOUR FINANCIAL ASSISTANCE CATEGORIES for those who qualify for the
Optional Reconstruction Program. These categories are based on the Qualifying Income Limits and Ranges
16
for the Ci,ty of Denton's Federally Assisted Programs (see appendix 1 to these guidelines for current
income limit ranges). A description of the financial assistance categories and their requirements are:
1. 70 Percent Reconstruction Loan / 30 Percent Deferred Payment Loan: Applicants whose gross annual household
income falls above 65 percent up to 80 percent of the area median family income limits will qualify for this
two-part loan;
a. a 3 percent interest loan with the loan amount being based on 70 percent of the total City-funded project
cost amortized over 240 months. The lien will not be released on this part of the loan until all 240
payments are received in full by the City of Denton; and
b. a deferred payment loan with the loan amount being based on 30 percent of the total City-funded project
cost. A detailed description of the deferred payment loan is found below at the end of section VII.C.4.
2. 40 Percent Reconstruction Loan / 60 Percent Deferred Payment Loan: Applicants whose gross annual household
income falls above 50 percent up to 65 percent of the area median family income limits will qualify for this
two-part loan;
a. a 3 percent interest loan with the loan amount being based on 40 percent of the total City-funded project
cost amortized over 240 months. The lien will not be released on this part of the loan until all 240
payments are received in full by the City of Denton; and
b. a deferred payment loan with the loan amount being based on 60 percent of the total City-funded project
cost. A detailed description of the deferred payment loan is found at the end of section VII.C.4.
3. 20 Percent Reconstruction Loan / 80 Percent Deferred Payment Loan: Applicants whose gross annual household
income falls above 30 percent up to 50 percent of the area median family income limits will qualify for this
two-part loan;
a. 3 percent interest loan with the loan amount being based on 20 percent of the total City-funded project
cost amortized over 240 months. The lien will not be released on this part of the loan until all 240
payments are received in full by the City of Denton; and
b. a deferred payment loan with the loan amount being based on 80 percent of the total City-funded project
cost. A detailed description of the deferred payment loan is found at the end of section VII.C.4.
4. 10 Percent Reconstruction Loan / 90 Percent Deferred Payment Loan: Applicants whose gross annual household
income falls at or below 30 percent of the area median family income limits will qualify for this two-part loan;
a. a 3 percent interest loan with the loan amount being based on 10 percent of the total City-funded project
cost amortized over 240 months. The lien will not be released on this part of the loan until all 240
payments are received in full by the City of Denton; and
b. a deferred payment loan with the loan amount being based on 90 percent of the total City-funded project
cost. A detailed description of the deferred payment loan is found at the end of section VII.C.4.
*DESCRIPTION OF A DEFERRED PAYMENT LOAN
A deferred payment loan shall carry 0 percent interest and continue until the applicant satisfies the conditions listed
in the deed of trust and promissory note executed prior to project start date. Deferred payment loans are secured by a
lien on the property. There are no monthly payments. After the applicant has lived on the property for the required
240 months (20 years), as stated in the contracts, the deferred payment loan will be forgiven. If the property is sold
or transferred before the lien period expires, the total deferred loan amount is owed and becomes due to the
Community Development Program. Amounts received are used as program income. The City of Denton will be in
the first lien position on all reconstructed dwellings. However, in situations where first lien position is not feasible,
the City will accept a second lien position subject to the review and approval of the Community Development
Administrator. The lien will not be released unless the following conditions are met:
1. The applicant must reside in the unit for the full period of the lien.
2. The property must be maintained to meet City code requirements.
3. Mortgage payments must be met on a timely basis.
17
4. Home applicant must provide documentation of adequate Homeowner's Insurance, including casualty and fire
coverage, and the City must be listed as a Mortgagee on the Certificate of Insurance to be notified in case of
policy cancellation. Homeowner's Insurance documentation must be received prior to applicant moving in to
completed reconstruct house.
NOTE: The Deed of Trust Contract requires the applicant, upon completion of the reconstruction, to
maintain and/or purchase, for the full length of time which the City of Denton will have a lien on property, an
insurance policy that: covers the home for its full insurable value; provide fire and extended coverage,
including windstorm coverage; provides flood insurance at any time property is in a flood hazard area.
Applicant agrees to comply at all times with the requirements of the 80 percent coinsurance clause; and keep
any buildings occupied as required by the insurance policy.
5. If within the period of the lien the applicant defaults on their deferred payment loan or the payable loan, the lien
will be called due in full and foreclosure proceedings may be initiated. The City will make every effbrt to work
with the applicant to avoid foreclosure and will examine each situation on a case-by-case basis.
D. Repayment Policy for Financial Assistance: The applicant must agree to have a lien placed on their property until
they have satisfied the requirements of the promissory note. The lien will remain until the loan has been paid in full.
If for any reason the loan recipient decides to sell or rent the property before the lien's terms are all met, the note's
payable loan balance and the full amount of the deferred loan will become due.
E. In the event the owner(s) passes away prior to the maturity date, or the owner(s) can no longer reside in the property
due to a permanent medical condition, should the legal heirs to the property decide to sell the property, the City of
Denton will settle for the lesser of:
a. 70 percent of the property's market value (based on an approved independent appraisal at the time of sale); or,
b. The payoff balance of the lien due the City of Denton at the time the applicant passed away or is no longer able
to reside in his/her home.
F. Liens will remain in effect until the grantee has met all requirements as specified in the promissory note. In the
event of the sale of the property, any unpaid balance of the loan and the total deferred loan amount will become due
immediately. If, in the event of the death of the grantee, a family member who meets the Program's income limits
who takes up residency in the property and who becomes the sole deed holder of the property must apply and
qualify to the Community Development Division for continued assistance with the loan. The assistance level will be
based on current-year Program guidelines and the applicant-owner will be required to sign a Modi/ication and
Extension o/Real Estate Note andLien. Failure to do so can result in default on the loan, the lien will be called due
in full and foreclosure proceedings may be initiated. The City will make every effort to work with the applicant to
avoid foreclosure and will examine each situation on a case-by-case basis.
G. Allowable expenses will include:
1. Cost of total demolition and clearance of the dilapidated structure, lot clearance, and preparation of job site for
new replacement dwelling.
2. Cost to reconstruct safe, sanitary, decent replacement dwelling.
3. Other expenses the Community Development Division determines to be necessary to facilitate the
reconstmction of the substandard property (Ex: title search, filing fees, platting, engineering reports...)
H. Community Development staff will also provide assistance and counseling to applicants as needed, including the
following:
1. Information on the program and rehousing options available.
2. Assistance in soliciting bids for replacement housing.
3. Assistance in contractual compliance between applicant and contractor.
4. Assistance in inspection of construction of replacement dwelling, if applicable.
I. If, after the loan payback begins, a household experiences a permanent, substantial loss of household income, an
applicant can request a re-evaluation of their total annual gross household income. This evaluation may result in a
18
decrease in the payable portion of the note. The loss of income must be from an income-earning household
member(s) whose income was used in determining the original loan assistance category. Please note: Loss of
employment (voluntarily or involuntarily) is not considered a "permanent loss". For purposes of this program
"permanent loss" is defined as:
1. death
2. retirement (must be 62 years of age or older)
3. permanent disability
4. Other substantial permanent loss of income, when approved by Community Development Administrator.
All household members must complete all income information and forms as required in Section II - Application
Processing to determine if an adjustment and/or extension to the payable portion of the note is eligible. A determination
will be made after evaluating the household size and income using the program guideline income limits and financial
assistance categories that are being used at the time the request for reduced loan payment is made. When a loan
adjustment and/or extension is granted, the applicant must sign a Modi/ication and Extension o/'Real Estate Note and
Lien contract reflecting the adjustment and/or extension of the note.
VIII. REHOUSING AGREEMENT
Each applicant assisted through the program will sign a rehousing agreement with the City, which outlines the
responsibilities of each. The agreement establishes a date on which the applicant agrees to permanently vacate the
present structure, agrees to demolition of the present dilapidated structure, agrees to occupy the replacement structure
when structure is completed and ready to be inhabited, and agrees that temporary housing will terminate when structure
is ready for occupancy as determined by the City of Denton.
IX. FINAL INSPECTION - CERTIFICATE OF OCCUPANCY
The City of Denton will conduct a final inspection of all housing units made available through the program to determine
that the replacement unit is approved for occupancy and that all items identified in a "punch list" have been corrected.
This Certificate of Occupancy will serve as evidence to HUD of the City's determination that the dilapidated structure has
been replaced by a decent, safe, and sanitary dwelling and that the family has been successfully relocated.
19
APPENDICES
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Qualifying Income Limits and Ranges for the City of
Denton's Federally Assisted Programs
Target Neighborhoods Map
Optional Reconstruction Program Application and
Temporary Relocation Questionnaire
Optional Reconstruction Program Rehousing
Agreement for Applicants
APPENDIX 1 FY 2003/2004
City of Denton - Community Development Division
Qualifying Income Limits for Federally Assisted Programs
Maximum Income Levels and *Two-Part Loan Percentages
*70% Payable Loan / *40% Payable Loan/ *20% Payable Loan/ *10% Payable Loan/
*30% Deferred Loan *60% Deferred Loan *80% Deferred Loan *90% Deferred Loan
Family Owner Provided Funds: Owner Provided Funds: Owner Provided Funds: Owner Provided Funds:
1% of Total Cost .75% of Total Cost .5% of Total Cost .25% of Total Cost
Size
Moderate Income Low Income Very-Low Income Extremely-Low Income
80% AMI - <65% AMI 65% AMI - <50% AMI 50% AMI - <30% AMI _<30% AMI
1 $37,250- $30,251 $30,250 - $23,301 $23,300- $13,951 $13,950 or Below
2 $42,550 - $34,601 $34,600 - $26,601 $26,600 - $15,951 $15,950 or Below
3 $47,900- $38,901 $38,900- $29,951 $29,950- $17,951 $17,950 or Below
4 $53,200- $43,251 $43,250- $33,251 $33,250- $19,951 $19,950 or Below
5 $57,450- $46,701 $46,700- $35,901 $35,900- $21,551 $21,550 or Below
6 $61,700 -$50,151 $50,150- $38,551 $38,550- $23,151 $23,150 or Below
7 $65,950- $53,601 $53,600- $41,251 $41,250- $24,751 $24,750 or Below
8 $70,200- $57,051 $57,050- $43,901 $43,900 - 26,351 $26,350 or Below
*In this two-part loan:
Part I: Payable Loan is based on a percent of the total City-paid project cost. The loan is payable and amortized over a period from
between 60 to 180 months (5 to 15 years) for rehabilitation, based on cost of the project (see Section III.B.) and over 240 months (20
years) for reconstruction, both at a 3 percent interest rate (APR).
Part II: Deferred Payment Loan is based on a percent of the total City-paid project cost. This portion of the loan carries a zero
percent interest rate. The deferred payment loan continues until the applicant satisfies the conditions listed in the Deed of Trust and
Promissory Note (executed prior to the project start date). There are no monthly payments. Deferred payment loans are secured by a
lien on the property. The loan deferral period is for a period from between 60 and 180 months (5 to 15 years), based on cost of the
project (see Section III.B. for rehabilitation) and not less than (20 years) for reconstruction.
Income Limit Source: U.S. Department of Housing and Urban Development. Effective: February 2003
Gross income for all household members aged 18 and above must be included to determine household's eligibility to receive
assistance; however, some household members' incomes may be excluded when determining thepayback category that the eligible
household will be approved for. They are: applicant's children, grandchildren or legal guardians of the applicant who are aged 18 up
to 22 and/or children aged 22 up to 25 who are full or part-time students. Incomes for household members aged 25 and older will be
included in determining thepayback category for the household.
21
APPENDIX2
City of Denton, Texas
Targeted Neighborhoods Map
22
APPENDIX 3
OPTIONAL RECONSTRUCTION PROGRAM APPLICATION
AND TEMPORARY RELOCATION QUESTIONNAIRE
Your participation in the Optional Reconstruction Program is voluntary. Reconstruction funds are limited.
Therefore, the Program does not cover costs necessary for household to relocate during reconstruction
of property. Please complete the following questionnaire. This information will help our staff in
determining if you will be eligible for the Optional Reconstruction Program.
1. I understand that it is my responsibility to relocate my household and that I am responsible for all costs involved to do so?
Yes No
I understand that as a result of reconstruction, my appraised property value may increase significantly from the amount at
which it is currently valued?
Yes No
I understand that an increase in my property value may cause my property taxes to increase by a significant amount. I am
financially prepared to meet any increase?
Yes No
I understand that I am obligated to carry homeowner's insurance for the duration of the lien (20 years) that the City of
Denton will have on my property.
Yes No
I understand that my homeowner insurance premium will most likely increase as a result of the reconstruction. I am aware
that my insurance policy must cover the after-reconstruction appraised value of my property. I am financially prepared to
meet this increase.
Yes No
6. I understand that I must request that my insurance company list the City of Denton as a "Certificate Holder" on my policy?
Yes No
I understand that The City of Denton is limited in the amount of funds they can spend to reconstruct a property. I have
been briefed on these limits and understand that my eligibility for the Optional Reconstruction Program will be granted only
if it is determined that the total of all costs involved to reconstruct my property will be at or below the allowable program
limit.
Yes No
This APPLICATION was completed by
on . By signing below, I am requesting that the City of Denton's Community Development Division accept this
as my application to be considered for the Optional Reconstruction Program.
Applicant's Signature
Date
APPENDIX 4
CITY OF DENTON
COMMUNITY DEVELOPMENT PROGRAM
OPTIONAL RECONSTRUCTION PROGRAM
REHOUSING AGREEMENT FOR APPLICANTS
THIS AGREEMENT, made and entered into on (Date document will be signed), by and between the City of Denton, Texas, and
(Name of applicant signing document) hereinafter referred to as Applicants. This agreement covers the structure occupied at the
following legal address:
(Legal property description of dwelling to be reconstructed)
WHEREAS, The Applicant has heretofore requested and qualified for the Home Improvement Program with assistance from
the City in order to obtain adequate, decent, safe, and sanitary housing under the City's Community Development Block Grant
and HOME Program; and
WHEREAS, the City has determined that rehabilitation of the Applicant's residence is not a feasible alternative; and
WHEREAS, the City has determined that the Community Development Program will not provide the Applicant relocation
payments and assistance necessary to accomplish the voluntary relocation of the Applicant from the substandard, unrehabable
dwelling currently occupied into an adequate, safe, and sanitary replacement dwelling.
NOW, THEREFORE, the City and the Applicant for and in consideration of the covenants and promises as hereinafter set
forth, do agree as follows:
1. The Applicant agrees to vacate permanently the currently occupied substandard dwelling within 10 days notice by the
City for the need to vacate.
2. The Applicant agrees and hereby authorizes the demolition and removal of the currently occupied dwelling and
clearance by the City of the property. The Applicant further releases the City from any and all claims arising from this
action.
3. The Applicant agrees to take possession and occupy the replacement dwelling when such dwelling is completed and the
City determines it to be ready for occupancy. The Applicant further agrees to sign any required instruments to effect this
item.
4. The Applicant agrees to provide and bear all financial costs necessary to relocate Applicant's household and furnishings
without assistance from the City of Denton.
5. The maximum budget authority for the Optional Reconstruction Program is (Maximum allowable funds for project), which
includes, but is not limited to, property title search fee, the cost to demolish the existing dilapidated structure and the cost
to reconstruct an adequate, decent, safe, and sanitary replacement dwelling on the original site (lot) of the dwelling
vacated by the applicant.
6. Applicant agrees to the time limitations as set forth in the Optional Reconstruction Guidelines in which to be moved from
the substandard property.
Applicant' Signature
Date 2nd. Applicant' Signature Date
CITY OF DENTON:
Community Development Administrator
24
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
October 21, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding an annual contract
for the purchase of Hot Mix Lay Asphalt Concrete; providing for the expenditure of funds
therefore; and providing an effective date (Bid 3073A-Annual Price Agreement for Hot Mix Lay
Asphalt Concrete awarded to Jagoe-Public Company in the estimated amount of $500,000).
BID INFORMATION
This bid is for the annual contract to supply hot mix asphalt concrete and installation services as
needed. This contract is utilized in the construction renovation and maintenance of city streets.
The contract allows for delivery of asphalt to the jobsite or pickup in City trucks at the plant and
also a per ton price for lay down or installation at the direction of the Street Division.
RECOMMENDATION
We recommend award of this bid to the lowest responsible bidder, Jagoe-Public Company, as
listed below:
Concrete (PG-64-22)
1. Hot Mix Asphalt delivered to jobsite $26.80 Per Ton
2. Deduct for pick up at plant $ 1.80 Per Ton
3. Add per ton for installation 0-400 tons $12.00 Per Ton
4. Add per ton for installation 401-999 tons $ 6.00 Per Ton
5. Add per ton for installation 1000 tons and up $ 3.75 Per Ton
Concrete (PG-76-22)
1. Hot Mix Asphalt delivered to jobsite $32.00 Per Ton
2. Deduct for pick up at plant $ 2.00 Per Ton
3. Add per ton for installation 0-400 tons $12.00 Per Ton
4. Add per ton for installation 401-999 tons $ 6.00 Per Ton
5. Add per ton for installation 1000 tons and up $ 3.75 Per Ton
Agenda Information Sheet
October 21, 2003
Page 2
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Company
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This bid is for a one year time period with the option to extend for additional one-year periods.
FISCAL INFORMATION
Funding for the acquisition of this product will be charged to the appropriate account number at
the time that the order is placed.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
1-AlS-Bid 3073A
8
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0 0 0 0
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF HOT MIX LAY ASPHALT CONCRETE; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 3073A-ANNUAL PRICE AGREEMENT FOR HOT MIX LAY ASPHALT
CONCRETE AWARDED TO JAGOE-PUBLIC CO., IN THE ESTIMATED AMOUNT OF
$500,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the 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. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID ITEM
NUMBER NO VENDOR AMOUNT
3073A 1,2,3 Jagoe-Public Co. Exhibit A
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees
to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-BID
Page 2
U 0 0 ..~ (~
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z z z z z
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AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
October 21, 2003
Materials Management
Questions concerning this
Questions may be directed
to Scott Payne 349-7836
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance accepting competitive proposals and awarding a
comract for the purchase of Health Insurance; providing for the expenditure of funds
therefore; and providing for an effective date (RFP 3056-Employee Health Insurance
awarded to UnitedHealthcare in the estimated amoum of $7,820,400).
RFP INFORMATION
Since 1989, the City of DeNon has provided Health Insurance to its employees, retirees
and dependems through a fully insured plan. The most recem Health Insurance comract
was awarded to Cigna HealthCare for calendar year 2002 and renewed a second year for
2003. Given the rising costs of Health Insurance, including a 33.5% rate increase
proposed by Cigna to renew for 2004, the Risk Management staff sought alternatives on
both a fully insured and self-funded basis. Through Request for Proposal (RFP) #3056,
the City of DeNon received eleven proposals for the City's Health Insurance for calendar
year 2004. Working with the City's insurance consultam, McGriff, Seibels and Williams,
staff evaluated and analyzed the proposals submitted by the following:
UnitedHealthcare submitted two proposals: one is a fully insured plan and the other is a
self-funded plan. Both proposals include several Preferred Provider Organization (PPO)
plans. Each plan includes prescription drugs and full service plan administration.
UnitedHealthcare is the second largest health provider in the U.S. and the largest provider
in the DFW area.
Cigna US Healthcare submitted two proposals: a fully insured renewal and self-funded
program. The renewal included a Health Maimenance Organization (HMO) and a PPO
option, a pharmacy benefit manager (PBM) section, and full service claims
administration. Cigna is the fourth largest provider of health benefit programs
nationwide.
Blue Cross Blue Shield submitted two proposals: a fully insured and a self-funded
proposal. They include both HMO and PPO options. Both of the products include
prescription drug benefits and full service plan administration.
Benefit Planners submitted a self-funded proposal for administrative services with
HealthSmart serving as the PPO network.
Agenda Information Sheet
October 21, 2003
Page 2
RFSP INFORMATION (CONTINUED)
Texas Municipal League submitted a self-funded proposal for administrative services
with HealthSmart serving as the PPO network.
ICON submitted a self-funded proposal with HealthSmart serving as the PPO network.
Great West submitted a self-funded proposal with full administrative services and
utilizing their own PPO network.
CareMark submitted a proposal for Pharmacy Benefit Management (PBM) only.
Eckerd Health Services (EHS) submitted a proposal for PBM only.
Express Scripts submitted a proposal for PBM only.
Innovative Pharmacy Solutions submitted a proposal for PBM only.
All proposals were reviewed and compared to the renewal option proposed by the City's
current health insurance provider, Cigna Healthcare. Cigna currently offers an HMO
plan and a PPO plan to the City's employees and retirees. UnitedHealthcare will replace
the HMO plan and the PPO plan with one PPO plan offering. This is attainable because
the proposed PPO benefit plan is designed to be almost identical to the HMO currently
being offered by Cigna. UnitedHealthcare has an extremely strong medical provider
network both in the Metroplex and across the country. Therefore, the UnitedHealthcare
PPO has much stronger in-network benefits and comparable out-of-network benefits
when compared with the current Cigna PPO.
The fully insured proposal from UnitedHealthcare was identified to be the best proposal.
The fully insured renewal rates by Cigna reflect a difference of 13.5% higher than
UnitedHealthcare. The self-funded options provided by several carriers were evaluated
but not deemed as competitive as shown by UnitedHealthcare in their fully insured quote
Employee benefits provided by UnitedHealthcare were determined to be similar or better
than those provided under Cigna. Employees who currently choose the HMO option will
no longer be required to utilize a primary care physician. Employees will have access to
care with less physician intervention and may reduce employees' out-of-pocket, co-
payment expenses.
Agenda Information Sheet
October 21, 2003
Page 3
RFSP INFORMATION (CONTINUED)
An analysis of the UnitedHealthcare Provider Network was also conducted.
UnitedHealthcare has contracts with both Denton Regional Medical Center and Denton
Community Hospital as well as with a large number of DeNon providers and facilities,
many of who are also on the Cigna network. The UnitedHealthcare network also offered
Denton medical providers in specialty areas such as allergy, gastroenterology, podiatry
and dermatology that were lacking in the Cigna network.
ESTIMATED SCHEDULE OF PROJECT
The contract begins January 1, 2004, with options for two additional, one-year renewals
based solely on the City of Demon's loss history.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS):
Pursuam to Ordinance No. 2001-272 the City Council awarded a comract for health
insurance to Cigna Healthcare for a period of one year with two one year options to
renew, with the first year commencing on January 1, 2002 and ending December 31,
2002. The health insurance comract was renewed with Cigna beginning on January 1,
2003 to expire on December 31, 2003.
RECOMMENDATION
We recommend award of RFP 3056 to UnitedHealthcare in the estimated amount of
$7,820,400.
PRINCIPAL PLACE OF BUSINESS
UnitedHealthcare
Piano, TX
FISCAL INFORMATION
This item will be funded through accoum number 911001.6714.
Agenda Information Sheet
October 21, 2003
Page 4
Attachment 1: Cost Analysis
Attachment 2: Benefits Summary
Attachment 3: Vendor List
1-AlS-RFP 3056
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
ATTACHMENT 1
RFSP # 2689
Employee Health Insurance
Cost Analysis
ESTIMATED ANNUAL
RESPONDENT COST TO CITY COMMENTS
United HealthCare
Piano, Texas
Blue Cross Blue Shield of
Texas
Dallas, Texas
PacifiCare
Dallas, Texas
Cigna US HealthCare
Dallas, Texas
$7,820,394
$8,039,548
$8,359,911
$8,660,585
United HealthCare's proposal results in an
approximate 21.5% rate increase with similar
or better employee benefits and an enhanced
provider network.
BCBS of Texas' proposal results in an
approximate 24.5% rate increase with similar
employee benefits but a reduced 3rovider
network.
PacifiCare's proposal results ~n an
approximate 29.46% rate increase with
similar employee benefits but a reduced
provider network.
Cigna's proposal results in an approximate
34.12% rate increase.
4
Medical Benefits
RFSP # 2689
Employee Health Insurance
Benefits Summary
Cigna HMO Plan
Physician Office Visit
ER Copay
Hospitalization
Outpatient Surgical Facility
Out of Pocket Max-Individual
Out of Pocket Max-Family
Mental Health Outpatient Copay
Mental Health Inpatient Per Day Copay
Lifetime Maximum
Attachment 2
$15
$75
$150/per day (up to 5 days',
$100
$2,000
$4,000
$30/25 visits
$100
Unlimited
Pharmacy Benefits
Copay-Generic
Copay-Brand
Copay-Non-Preferred
Mail Order Copay-Generic
Mail Order Copay-Brand
Mail Order Copay-Non-Preferred
$7
$2O
$4O
$16
$55
$115
3-BU-RFP 3056.xls
Attachment 3
City of Denton RFP #3056 Vendor List
BLUE CROSS BLUE SHIELD
ATTN: KORY AOYAMA
14643 DALLAS PARKWAY STE 560
DALLAS, TX 75240
JUD WALKER
IPA OF DENTON COUNTY
PO BOX 50120
DENTON, TX 76206
GOVERNMENTAL RISK SOLUTIONS
205 PARKHURST LANE
ALLEN, TX 75013
ATTN: STEVEN HAYNES
HUMANA INC.
ATTN: SCOTT KLEIN OR
LAURA ZEIGLER
8111 LBJ FWY STE 1400
DALLAS, TX 75251
SHARI ANDERS
MET LIFE
1 LINCOLN CENTRE LB 30 STE 1460
5400 LBJ FREEWAY
DALLAS, TX 75240
SCOTT & WHITE
ATTN: ESTHER WEBB
PO BOX 174401
ARLINGTON TX 76003-4401
AETNA U.S. HEALTHCARE
ATTN: JOANNE PETTIJOHN
2777 N STEMMONS FREEWAY
DALLAS, TX 75207
SHALA JONES
NORTH TEXAS HEALTHCARE
NETWORK
5601 NORTH MACARTHUR BLVD.
IRVING, TX 75038
AEL Rx
ATTN: JOE GOLDEN
3202 JUNIPER DR
MCKINNEY TX 75070
TAMERIA WHALEY
USA MCO
916 S. CAPITAL OF TEXAS HWY
AUSTIN, TX 78746
ING/EMPLOYEE BENEFITS
ATTN: JEFFEREY FLANAGAN
15455 DALLAS PKWY STE 250
ADDISON, TX 75001
COLLEEN SHERIN
JARDINE GROUP SERVICES
CORPORATION
48 CORNELL RD
LATHAM, NY 12110
THE TOM ATKINS AGENCY
ATTN: TOM ATKINS
1909 HOLLYHILL LANE
DENTON, TX 76205
AIG
ATTN: KEVIN CLINGAN
8144 WALNUT HILL LN STE 1600
DALLAS TX 75231
MARY ELLEN CRAWFORD
HUTCHERSON INSURANCE SERVICES
1212 N LOCUST
DENTON, TX 76201
AMERICAN STOP LOSS
ATTN: WALTER COOLIDGE
250 COMMERCIAL ST STE 200
WORCESTER MA 01608
BENEFIT PLANNERS INC
ATTN: CASSIE STENNETT
1951 SPINDLETOP TR
FRISCO TX 75034
CANADA LIFE
ATTN: TIM STEPHENSON
DALLAS GROUP OFFICE
8201 PRESTON RD STE 715
DALLAS TX 75225
CIMMARON TPA
ATTN: DENNIS FISHER
3838 OAK LAWN AVE
DALLAS TX 75219
FIRST HEALTH
ATTN: MELINDA GREEN
222 W LAS COLINAS BLVD
IRVING TX 75039
GPA
ATTN: MATT McCUEN
300 MUNICIPAL DR
RICHARDSON TX 75080
GUARDIAN
ATTN: TODD REDMOND
13455 NOEL RD STE 1440 LB 13
DALLAS TX 75240
HARTFORD
ATTN: LARRY FRENCH
17855 DALLAS PKWY STE 100
DALLAS TX 75287
HCC BENEFITS
ATTN: ICAMELA HANNA
ADDISON TOWER
16415 ADDISON RD STE 670
ADDISON TX 75001
HEALTHFIRST TPA
ATTN: WILLIAM SLOCUM III
PO BOX 130187
TYLER TX 75713
MUTUAL OF OMAHA
ATTN: DREW DRIVER
14900 LANDMARK BLVD STE 530
DALLAS TX 75240
PACIFIC LIFE
ATTN: KELLEY AKINS
2805 DALLAS PKWY STE 510
PLANO TX 75093-8719
Attachment 3
City of Denton RFP #3056 Vendor List
PACIFIC CARE
ATTN: GAIL COATES
5001 LBJ FWY STE 600
DALLAS TX 75244-6130
SUN LIFE
ATTN: DOUG GOSNEY
ONE GALLERIA TOWER
13355 NOEL RD STE 1907
DALLAS TX 75240
TML GROUP BENEFITS
ATTN: SUSAN SMITH
1821 RUTHERFORD LN STE 300
AUSTIN TX 78754-5151
TRUSTMARK
ATTN: EMORY JOHNSON
5757 ALPHA RD STE 601
DALLAS TX 75240
UNICARE
ATTN: LAURA FLYNN
3820 AMERICAN DR PL 104
PLANO TX 75075
UNITED HEALTH CARE
ATTN: SCOTT FLANNERY
5800 GRANITE PKWY STE 900
PLANO TX 75024
WEB TPA
ATTN: HARRY SPRING
8500 FREEPORT PKWY SOUTH
IRVING TX 75063
SHANNON MORGAN
PO BOX 4930
BEAUMONT TX 77704
NMHCRx
ATTN: MARY V EGAN
23 BRITISH AMERICAN BLVD
LATHAM NY 12110
CAREMARK INC
ATTN: MARK CIAMARRA
2211 SANDERS RD
NORTHBROOK IL 60062
UNITED PROVIDER SERVICES
PO BOX 820277
NORTH RICHLAND HILLS TX 76180
EXPRESS SCRIPTS
ATTN: AARON MANWILL
14000 RIVERPORT DR STL23N
MARYLAND HEIGHTS MO 63043
GREAT WEST
ATTN: JASON MOTTER
4055 VALLEY VIEW LN STE 400
DALLAS TX 75244
Rx WEST
PO BOX 4517
ENGLEWOOD CO 80155-4517
ADVANCE PCS
ATTN: G1NA LAREDO
750 W JOHN CARPENTER FWY
STE 1000
IRVING TX 75039
ECKERD HEALTH SERVICES
ATTN: DON HOUCH1N
16597 INTERSTATE 45 SOUTH
CONROE TX 77385
SCRIP WORLD
ATTN: JEFF BOONE
250 N REDWOOD RD STE 210
NORTH SALT LAKE UT 84054
RFP 3056 Employee Benefit Plans (Health
Insurance)
BROOK BOGGESS
RXAMERICA
221 N. CHARLES LINDBERGH DRIVE
SALT LAKE CITY, UTAH 84116
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR THE PURCHASE OF HEALTH INSURANCE; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE
(RFP 3056-EMPLOYEE HEALTH iNSURANCE AWARDED TO UNiTEDHEALTHCARE IN
THE ESTIMATED AMOUNT OF $7,820,400).
WHEREAS, the City has solicited, received and evaluated competitive proposals for the
purchase of necessary materials, equipment, supplies or services in accordance with the procedure of
STATE law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
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. That the items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
3056 UnitedHealthcare $7,820,400
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards quantities and for the specified sums contained in the Proposal invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, 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, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. That the City Manager or his designated representative is hereby authorized to
execute a letter of agreement as per UnitedHealthcare response to RFP 3056 dated August 21,2003,
and incorporated herein and made a part hereof for all purposes, and contract with UnitedHealthcare
for Employee Health Insurance RFP 3056.
SECTION 5: That by the acceptance and approval of the above numbered items of the
submitted proposals, the City Council hereby authorizes the expenditure of funds therefore in the
amount and in accordance with the approved proposals or pursuant to a written contract made
pursuant thereto as authorized herein.
SECTION 6. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of .,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
UnitedHealthcare-RFP 3056
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM:
October 21, 2003
City Manager's Office
Mike Conduff
SUBJECT
Receive Certification of a Referendum Petition from the City Secretary.
BACKGROUND
On September 22, 2003, Mr. Don White, Sr., representing a committee of petitioners,
submitted a referendum petition requesting that the Council either repeal Ordinance No.
2003-265 or submit it to a vote of the electors. The required elements of the petition have
been reviewed, found to be sufficient and is hereby certified to be in compliance with the
provisions of the City Charter.
Respectfully submitted:
Jennifer Walters
City Secretary
AGENDA INFORMATION SHEET
AGENDA DATE: October 21, 2003
DEPARTMENT: Legal
CM/DCM/ACM: Herbert L. Prouty, City Attorney
SUBJECT:
2. Consider a Motion to Reconsider Ordinance No. 2003-265 (the Solid Waste Rate
Ordinance) that is the subject of the Referendum Petition certified by the City Secretary and to
vote on the question as required by the City Charter "Shall the ordinance specified in the
Referendum Petition be repealed?"
3. Consider and adopt an Ordinance repealing Ordinance No. 2003-265 (the Solid Waste
Rate Ordinance); reinstating the Solid Waste Rate Ordinances that were in effect immediately
before the passage of the "Solid Waste Rate Ordinance"; providing a savings clause; and
providing an effective date.
BACKGROUND: On September 23, 2003 the City Secretary received a Referendum Petition
containing approximately 751 signatures which seeks to repeal Ordinance No. 2003-265 (the
Solid Waste Rate Ordinance) which was passed by the City Council on September 2, 2003. The
City Secretary has examined the Referendum Petition and at your regularly scheduled meeting of
October 21, 2003 is expected to certify the petition as sufficient. Once the City Secretary
certifies the Petition as sufficient the City Charter, Sections 4.07 and 4.08, require the City
Council to reconsider the ordinance as specified in the Petition and vote on the question "Shall
the ordinance specified in the Referendum Petition be repealed?" If the City Council answers
this question in the affirmative the Ordinance is repealed and the Referendum process terminates.
If the City Council fails to affirmatively answer this question then the Referendum process
continues and the question as to whether or not the ordinance should be repealed is submitted to
the voters at an election. Under the terms of both the Charter and the Election Laws the next
uniform election date, at which such aa election could be held, would be February 7, 2004 unless
that date is changed by the legislature.
OPTIONS:
1. City Council can affirmatively answer the Charter question concerning whether the
ordinance specified in the referendum be repealed and the ordinance is repealed and the
referendum process terminates.
2. The City Council can refuse to affirmatively answer the question of whether the
ordinance specified in the referendum petition be repealed and an election must be held on the
issue.
S:\Our Documents~FORMSkAIS On Solid Waste Repeal Ord.doc
3. The City Council can refuse to go forward with the election process based on the fact that
the subject matter, a solid waste rate ordinance, is not an appropriate subject matter for a
referendum.
RECOMMENDATION Staff recommends that the Council choose Option 1 and vote
affir afively on the question that the ordinance be repealed. This option would then allow the
City Council to enact a new solid waste rate ordinance that the Assistant City Manager of
Utilities is preparing with little impact on the budget and the revenues of the Solid Waste
Department. This option also avoids a .costly and time consuming election process. If the
Council passes this Motion under Item A then it is required to adopt the Ordinance under Item B
repealing Ordinance 2003-205.
Option 2 would require an election on this matter which as indicated above would be time
consuming and costly. Option 3 would involve rejecting the Referendum on the basis the subject
matter is not legally within the referendum authority of the citizens under the Charter. There are
risks to this option which are discussed in more detail in the City Attomey's Status Report.
FISCAL INFORMATION. If the Ordinance is repealed there will be a negative fiscal impact
on the solid waste rates since the previous solid waste rate ordinance that was passed during the
last budget period, Ordinance No. 2002-270 wilt be effective. This Ordinance does not include
this years' increase in solid waste rates. The Assistant City Manager for Utilities has indicated
that the financial impact will not be significant if the City Council will promptly enact a new
Solid Waste Rate ordinance, though it will have somewhat different provisions than the
Ordinance that was the subject of the referendum, will contain most of the rates approved by the
City Council for this budget year.
S:\Our DocumentskFORMSkAIS On Solid Waste Repeal Ord. doc
S:\Our Doeuments\Ordinances~03~Solid Waste Rate Repeal Ord-2.doc
ORDINANCE NO.
AN ORDiNANCE REPEALING ORDINANCE NO. 2003-265 (THE "SOLD WASTE
RATE ORDiNANCE"); REINSTATING THE SOLID WASTE RATE ORDINANCES
THAT WERE IN EFFECT IMMEDIATELY BEFORE THE PASSAGE OF THE "SOLD
WASTE RATE ORDINANCE"; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on or about September 23, 2003 the City Secretary received a
Referendum Petition seeking to repeal Ordinance No. 2003-265 (the Solid Waste Rate
Ordinance) which was passed by the City Council on September 2, 2003; and
WHEREAS, the City Secretary has presented the Referendum Petition to the City
Council and certified the Petition as sufficient in accordance with the City Charter; and
WHEREAS, the City Council, at its regularly scheduled meeting of October 21,
2003, affirmatively answered the question required by the Charter "Shall the ordinance
specified in the Referendum Petition be repealed"; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. Ordinance No. 2003-265 (the Solid Waste Rate Ordinance) passed by
the City Council on September 2, 2003 is hereby repealed.
SECTION 3. The previous solid waste rate ordinances not mentioned herein, that
were in effect immediately before the passage of the Solid Waste Rate Ordinance, including
Ordinance No. 2002-270, passed on September 3, 2002, shall be reinstated and remain in full
force and effect it being the intent of the City Council that until a new solid waste rate
ordinance is enacted that Ordinance No. 2002-270 shall govern all rates for solid waste.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the ~ day of ., 2003
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EULINE BROCK, MAYOR
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
October 21, 2003
Utilities Administration
Howard Martin, 349-8232
SUBJECT
Consider approval of an ordinance of the City of DeNon, Texas amending the Schedule of Rates
for Solid Waste service comained in Ordinance Numbers 2002-270 as authorized by chapter 24
of the Code of Ordinances of the City of DeNon, Texas; providing that the provisions of
Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of
Denton, Texas shall expressly apply to City of Denton Solid Waste Service; amending the
manual residential rate charge; amending the containerized collection service charge; amending
the charges for minimum billing/base rate service upon condition and application; amending the
charge for manufactured appliances that contain PCBb's or CFC's with no certified removal
documemation of PCB's or CFC's (Schedule SWR); amending the residemial curbside recycling
and processing service charge (Schedule SWRR); amending the momhly rates for commercial &
institutional solid waste collection services; increasing service charges for commercial front-load
and side-load comainers; amending the charges for container extra service; adding an additional
cart rate for two carts; adding a nominal charge to provide semi-automated commercial cart
service where fully automated collection service cannot be provided; amending the charges for
temporary front load container service; amending the charge for roll-off open top service;
amending the hourly rate for combined truck and manpower usage; providing for increased
charges for disposal weight of refuse equal to or greater than 700 pounds per cubic yard -
overweight loads; providing for increased charges for disposal weights of refuse equal to or
greater than 1,000 pounds per cubic yard, plus an additional overweight penalty of $300.00 per
container load; amending the roll-off compactor container service charges; amending the six
cubic yard compactor charges; adding multi-family bulky item collection service and charges;
amending the shared commercial comainer charges; adding a charge to provide shared comainer
service; amending the comainer delivery fee; amending the relocation charge for each roll-off
comainer; amending the notification time (11:00 a.m.) for on-demand customer service;
amending the inaccessible comainer charge for comainers that presem accessibility problems
and/or additional services and/or time; adding a difficult comainer access fee charge for roll-off
containers and for all other containers; amending the on-site waiting time charged to customers
whose containers are inaccessible; amending the installation or removal of locks on container
charges; amending the quamity of commercial bulky items collected on first Thursday collection;
amending the service fee for demand response bulky item collection service; amending the
requiremems for free delivery of bulky items to the landfill; amending the charges for service
regarding overflowing and excess waste collections plus an applicable charge for waste outside
of the comainer which is collected, comainerized, and serviced by solid waste personnel
(Schedule SWC); adding the commercial recycling services schedule with application,
qualification, monthly rate, minimum billing, acceptable recycling materials, non-acceptable
materials,right of load refusal, and other charges (Schedule SWCR); adding the solid waste
1
collection and transportation services permit schedule, with application, granting of permit,
exclusions, fees, term and renewal, and revocation or non-renewal of permits (Schedule SWP);
amending the municipal solid waste disposal rates; providing for retail disposal rates; adding
wholesale disposal rates; adding a landfill charge based upon the gross volume capacity of the
vehicle, container or trailer if the scales are inoperative or accurate weights cannot be
determined; amending the minimum landfill charge; amending the landscape yard waste charge;
amending the landfill bulky items charge; amending the inert materials charge; amending the
unsecured loads charge (Schedule SWL); providing for additional reasons for the director of
solid waste of the City of Denton to deny the use of the landfill to certain customers committing
certain acts or violations; providing for a repealer; providing for a severability clause; and
providing an effective date.
BACKGROUND
Proposed FY 2003-04 Utilities budgets and CIP's were approved by the Public Utilities Board
("PUB") during June and July. The FY 2003-2004 Solid Waste budget was submitted to City
Council for review at the August 7~h budget workshop and was adopted by Council on September
2, 2003. The proposed rate ordinances included in this agenda are designed to recover the cost
of service for Solid Waste services and provide a positive or breakeven net income.
During the budget review process, the PUB reviewed various Solid Waste proposed rates that are
necessary to support the proposed FY 2003-04 budget and CIP. Rate increases are proposed in
residemial, curbside recycling, commercial, and the landfill. Those proposed rate changes are
incorporated imo the rate ordinance for the City Council's approval.
SUMMARY
The FY 2003 - 2004 Solid Waste rate changes are summarized below.
Increase the rate for Residemial Manual, twice per week pickup service from $17.50 to
$18.20. Increase the Minimum Billing base rate service by $.70, equal to the increase in
the residential manual rate.
· Establish a $25.00 rate for those customers requesting two (2) 60-gallon comainers.
· Increase the Residemial Curbside Recycling Rate by $.08, from $1.99 to $2.07, to include
a componem for the 4% franchise fee.
· Provide for a Commercial From Load and Side Load comainer rate increase. The
Commercial From Load and Side Load recommended rates are as listed.
Front Load
Frequency/Week 1 2 3
2 &3 CY $53.34 $107.02 $161.50
4 CY $65.29 $130.58 $196.22
6 CY $84.66 $169.50 $255.52
8 CY $103.47 $206.72 $312.69
Side Load
Frequency/Week 1 2 3
2 &3CY $61.51 $123.46 $185.53
4 CY $75.26 $150.43 $226.32
Container Extra Service Pickup
Service Fee
2 & 3 CY $29.35
4 CY $34.80
6 CY $45.65
8 CY $56.50
Temporary_ Service Front Load Container
Rent Pickup
4 CY $32.90 $62.35
8 CY $54.10 $84.55
Roll-Off Open Top Service
Rent Pickup
20 CY $81.70 $238.10
30 CY $94.05 $291.85
Roll-OffCompactor Service
Rent Pickup
20 CY $299.50 $261.45
30 CY $340.05 $295.55
42 CY $389.60 $337.65
6 Cubic Yard Compactor Service
Frequency Rate/30 Days
1 $246.03
2 $493.16
3 $759.66
Muki-Family Bulky ltemCollection Service
Rent Pickup
4 CYSL $15.00 $35.00
8 CYFL $15.00 $45.00
· increase the on-site waiting cost for reloads and inaccessibility from $70 to $85/hour
(billed in fifteen-minute incremems).
Add 60-gallon cart service for commercial customers, and add a $2.00 charge per momh
per cart for service where automated collection service cannot be provided and semi-
automated (manual) collection service is required.
Add a $2.00 charge per 30 days for all shared comainer customers to offset the
administrative costs incurred.
Provide for an additional disposal charge for disposal weights equal to or greater than 700
pounds per cubic yard of $15.00 per ton for all comainer net weight. For disposal
weights equal to or greater than 1,000 pounds per cubic yard, $15.00 per ton for all
comainer net weight will be charged plus an overweight penalty of $300.00 per comainer
load will be charged.
Increase Delivery Fees and Inaccessible Fees for roll-off comainers to $75, and to $50 for
from load and side load comainers.
Increase the relocation fee to $50 for roll-off relocations not occurring following a
service pickup.
Increase the fee to install or remove container locks to $125.
Establish a schedule for Commercial Recycling Services, - COMMERCIAL
RECYCLING SERVICES (SWCR). Rates to be based on cost recovery.
Establish rates for a SOLID WASTE COLLECTION AND TRANSPORTATION
SERVICES PERMIT (SWP) for those emities engaged in the collection and transport of
waste or recyclables in the city limits of Demon.
Maimain the existing FY 2003 Municipal Solid Waste (MSW) Disposal Rate for Demon
customers delivering 3 cubic yards or less of waste to the landfill.
Add Retail Municipal Solid Waste (MSW) Disposal Rates for varying volumes of waste
delivered to the landfill, both compacted and uncompacted.
Add Wholesale Municipal Solid Waste (MSW) Disposal Rates for varying volumes of
waste delivered to the landfill, both compacted and uncompacted.
Increase the minimum landfill charge to $7.50.
Increase the Landscape Waste charges to be comparable with composting operations.
Provide for Demon solid waste customers to deliver bulky items up to four times per
momh, and up to 200 pounds per load, at no charge from the landfill.
· Increase Inert Materials to $10 per ton.
· Increase Unsecured Loads fee to $20 for each load.
FISCAL SUMMARY
The rates and charges included in the Solid Waste rate ordinances provide the
necessary to cover the cost of service to customers.
RECOMMENDATION
Staff recommends approval of the proposed FY 2003-2004 Solid Waste rate ordinance.
EXHIBITS
I. FY 2003-04 Solid Waste Rate Ordinance
revenues
Respectfully submittted:
Howard Martin, ACM Utilities
ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF
RATES FOR SOLID WASTE SERVICE CONTAINED iN ORDINANCE NUMBERS 2002-270
AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5,
26-7, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE;
AMENDING THE MANUAL RESIDENTIAL RATE CHARGE; AMENDING THE
CONTAINERIZED COLLECTION SERVICE CHARGE; AMENDING THE CHARGES FOR
MINIMUM BILLING/BASE RATE SERVICE UPON CONDITION AND APPLICATION;
AMENDING THE CHARGE FOR MANUFACTURED APPLIANCES THAT CONTAIN PCB'S
OR CFC'S WITH NO CERTIFIED REMOVAL DOCUMENTATION OF PCB'S OR CFC'S
(SCHEDULE SWR); AMENDING THE RESIDENTIAL CURBSiDE RECYCLING AND
PROCESSING SERVICE CHARGE (SCHEDULE SWRR); AMENDING THE MONTHLY
RATES FOR COMMERCIAL & INSTITUTIONAL SOLID WASTE COLLECTION SERVICES;
INCREASING SERVICE CHARGES FOR COMMERCIAL FRONT-LOAD AND SIDE-LOAD
CONTAINERS; AMENDING THE CHARGES FOR CONTAINER EXTRA SERVICE;
ADDING AN ADDITIONAL CART RATE FOR TWO CARTS; ADDING A NOMINAL
CHARGE TO PROVIDE SEMI-AUTOMATED COMMERCIAL CART SERVICE WHERE
FULLY AUTOMATED COLLECTION SERVICE CANNOT BE PROVIDED; AMENDING
THE CHARGES FOR TEMPORARY FRONT LOAD CONTAINER SERVICE; AMENDING
THE CHARGE FOR ROLL-OFF OPEN TOP SERVICE; AMENDING THE HOURLY RATE
FOR COMBINED TRUCK AND MANPOWER USAGE; PROViDiNG FOR INCREASED
CHARGES FOR DISPOSAL WEIGHT OF REFUSE EQUAL TO OR GREATER THAN 700
POUNDS PER CUBIC YARD - OVERWEIGHT LOADS; PROVIDING FOR INCREASED
CHARGES FOR DISPOSAL WEIGHTS OF REFUSE EQUAL TO OR GREATER THAN 1,000
POUNDS PER CUBIC YARD, PLUS AN ADDITIONAL OVERWEIGHT PENALTY OF
$300.00 PER CONTAINER LOAD; AMENDING THE ROLL-OFF COMPACTOR CONTAINER
SERVICE CHARGES; AMENDING THE SIX CUBIC YARD COMPACTOR CHARGES;
ADDING MULTi-FAMiLY BULKY iTEM COLLECTION SERVICE AND CHARGES;
AMENDING THE SHARED COMMERCIAL CONTAINER CHARGES; ADDING A CHARGE
TO PROVIDE SHARED CONTAINER SERVICE; AMENDING THE CONTAINER DELIVERY
FEE; AMENDING THE RELOCATION CHARGE FOR EACH ROLL-OFF CONTAINER;
AMENDING THE NOTiFiCATiON TiME (11:00 A.M.) FOR ON-DEMAND CUSTOMER
SERVICE; AMENDING THE INACCESSABLE CONTAINER CHARGE FOR CONTAINERS
THAT PRESENT ACCESSABiLiTY PROBLEMS AND/OR ADDITIONAL SERVICES
AND/OR TIME; ADDING A DIFFICULT CONTAINER ACCESS FEE CHARGE FOR ROLL-
OFF CONTAINERS AND FOR ALL OTHER CONTAINERS; AMENDING THE ON-SITE
WAITING TIME CHARGED TO CUSTOMERS WHOSE CONTAINERS ARE
INACCESSIBLE; AMENDING THE INSTALLATION OR REMOVAL OF LOCKS ON
CONTAINER CHARGES; AMENDING THE QUANTITY OF COMMERCIAL BULKY ITEMS
COLLECTED ON FIRST THURSDAY COLLECTION; AMENDING THE SERVICE FEE FOR
DEMAND RESPONSE BULKY ITEM COLLECTION SERVICE; AMENDING THE
REQUIREMENTS FOR FREE DELIVERY OF BULKY ITEMS TO THE LANDFILL;
AMENDING THE CHARGES FOR SERVICE REGARDING OVERFLOWING AND EXCESS
EXHIBIT 1
WASTE COLLECTIONS PLUS AN APPLICABLE CHARGE FOR WASTE OUTSIDE OF THE
CONTAINER WHICH IS COLLECTED, CONTAINERIZED, AND SERVICED BY SOLID
WASTE PERSONNEL (SCHEDULE SWC); ADDING THE COMMERCIAL RECYCLING
SERVICES SCHEDULE WITH APPLICATION, QUALIFICATION, MONTHLY RATE,
MINIMUM BiLLiNG, ACCEPTABLE RECYCLING MATERIALS, NON-ACCEPTABLE
MATERIALS,RIGHT OF LOAD REFUSAL, AND OTHER CHARGES (SCHEDULE SWCR);
ADDING THE SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES PERMIT
SCHEDULE, WITH APPLICATION, GRANTING OF PERMIT, EXCLUSIONS, FEES, TERM
AND RENEWAL, AND REVOCATION OR NON-RENEWAL OF PERMITS (SCHEDULE
SWP); AMENDING THE MUNICIPAL SOLID WASTE DISPOSAL RATES; PROVIDING FOR
RETAIL DISPOSAL RATES; ADDING WHOLESALE DISPOSAL RATES; ADDING A
LANDFILL CHARGE BASED UPON THE GROSS VOLUME CAPACITY OF THE VEHICLE,
CONTAINER OR TRAILER IF THE SCALES ARE INOPERATIVE OR ACCURATE
WEIGHTS CANNOT BE DETERMINED; AMENDING THE MINIMUM LANDFILL
CHARGE; AMENDING THE LANDSCAPE YARD WASTE CHARGE; AMENDING THE
LANDFILL BULKY ITEMS CHARGE; AMENDING THE iNERT MATERIALS CHARGE;
AMENDING THE UNSECURED LOADS CHARGE (SCHEDULE SWL); PROViDiNG FOR
ADDITIONAL REASONS FOR THE DIRECTOR OF SOLID WASTE OF THE CITY OF
DENTON TO DENY THE USE OF THE LANDFILL TO CERTAIN CUSTOMERS
COMMITTING CERTAIN ACTS OR VIOLATIONS; PROVIDING FOR A REPEALER;
PROVIDING FOR A SEVERABiLiTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the charges for Solid Waste collection services as authorized by
Section 24-42(b) of Article ii, Section 24-66 of Article iii and Section 24-4 of Article i of
Chapter 24; and by Section 32-90 of Article iV of Chapter 32 of the Code of Ordinances of the
City of Demon, Texas, are hereby established as follows:
SOLID WASTE RATE SCHEDULES
PAGE
SWR Residemial Solid Waste Collection Services 3
SWRR Residemial Curbside Recycling and Processing Services 5
SWRD Residemial Financial Need Service Discount 6
SWC Commercial and institutional Solid Waste Collection Services 7
SWCR Commercial Recycling Services 14
SWP Solid Waste Collection and Transportation Services Permit 16
SWL Sanitary Landfill Services 19
SCHEDULE SWR
RESIDENTIAl, SOIJD WASTE COIJ,ECTION SERVICES
(Effective 11/01/03)
Applicable for residential family-unit solid waste collection service. A family unit includes each
unit of a duplex or triplex, each living unit of a residential lot, and any unit or living space in which a
person or single family resides.
MONTHI,Y R A TES
· Manual Collection Service:
2 pickups per week $18.20 per thirty (30) days
The City will provide up to two (2) free rolls of plastic garbage bags per calendar year for the
residential manual service customer's primary residence.
· Containerized Collection Service 1 pickup per Week
Nominal Size of Containers
90-gallon container (nominal)
60-gallon container (nominal)
35-gallon container (nominal)
1 Container
$15.00
$13.00
$12.00
2 Containers
$28.00 per thirty (30) days
$25.00 per thirty (30) days
MINIMI JM BIIJJNG / BASE RATE SERVICE
$11.70 per thirty (30) days applicable for residential solid waste service for an unoccupied
residential family unit which remains vacant for a period for greater than sixty (60) days. This
minimum billing rate shall only be effective after written application is made by the ratepayer with
the Customer Service Department, and such minimum billing rate shall be limited to a maximum
period of one hundred eighty (180) days per calendar year.
OTHER CHARGES
There is no additional charge for the collection of bagged grass clippings and leaves, or brush and
tree limbs which are cut and stacked in less than four foot (4') lengths, if the combined
grass/leaves/brush total volume is not over eight cubic yards per collection day. If over eight (8)
cubic yards of combined bagged grass clippings, brush, or leaves are placed out for collection on a
collection day, charges will be assessed at $5.00 per cubic yard for all cubic yards in excess of eight
(8) cubic yards.
Residential customers may be provided metal containers and service at the published commercial
rates.
Residential customers may place out for collection up to four bulky items per week for no additional
charge. Bulky items are residential household type items that are consistent with residential
3
household use, such as furniture and selected appliances. Bulky items exclude non-household type
items, fencing, remodeling, construction and demolition materials, and those appliances
manufactured to comain polychlorinated biphenyls (PCB's) or chlorofluorocarbons (CFC's).
Residemial construction materials (including but not limited to lumber, brick, fencing, and drywall)
will be collected at the rate of $50.00 per service charge plus $5.00 per cubic yard or part of a cubic
yard collected. Materials must not exceed eight (8') feet in length. Customers should comact Solid
Waste Customer Service during normal business hours to request the collection of residential
construction materials.
Appliances manufactured to comain PCB's or CFC's, for which the customer provides no certified
removal documemation of the PCB's or CFC's, will be charged $50.00 for the collection and
disposal of each appliance and/or the associated materials. There is no charge for the collection of
appliances which were manufactured to comain either PCB's or CFC's, if the customer provides a
certificate of documentation from an approved business qualified to remove these products
indicating that the PCB's or CFC's have been properly removed for disposal. If the Solid Waste
Departmem is not provided a certificate of removal, the $50.00 charge per item will be assessed if
the customer requests services through the Solid Waste Department.
Residems may deliver household bulky items (not appliances manufactured to comain CFCs or
PCBs) to the landfill for disposal at no charge, if they are not in paymem arrears with their utility
services accoum and provide proof of DeNon residency.
Other residemial services may be provided at fees established by the departmem, and approved by
the Director. The fees established will recoup the special and administrative services provided.
When initiating new service, a residemial Solid Waste service deposit may be charged.
SCHEDULE SWRR
RESIDENTIAl, CI JRBSIDE RECYCIJNG AND PROCESSING SERVICES
(Effective 11/01/03)
APPIJCATION
Applicable for residemial family-unit recycling materials collection and processing services. A
family unit includes each unit of a duplex or triplex, each living unit of a residemial lot, and any unit
or living space in which a person or single family resides.
MONTHLY RATE
$2.07 per thirty (30) days.
[The "pass through" amount, forwarded monthly to the Curbside Recycling Contractor is $1.47 per
residemial family unit. The City of Demon Recycling Support Fee cost is $0.60 per thirty (30) days
and funds container purchases, contract management, administrative costs, franchise fees, and other
similar items.]
Should any other fees be established by an authorized govemmemal emity, those fees will be added
to the monthly rate to recover those costs.
M1NIMI JM BII J lNG
$2.07 per thirty (30) days.
If any other fees are established by an authorized govemmemal emity, the minimum billing would
adjust to include those costs.
EXCEPTION TO IMPOSITION OF RATE
The residemial curbside recycling and processing services rate will not be charged for an unoccupied
residemial family unit that applies for and is grained the Minimum Billing/Base Rate Service as
described in Schedule SWR. This exception shall be effective so long as the Minimum Billing/Base
Rate Service rate is applicable to the unoccupied residemial family unit.
SCHEDULE SWRD
RESIDENTIAl, FINANCIAl, NEED SERVICE DISCOI JNT
(Effective 11/01/03)
APPLICATION
Applicable for residential family-unit solid waste collection and for recycling collection and
processing services. A family unit includes each unit of a duplex or triplex, each living unit of a
residential lot, and any unit or living space in which a person or single family resides.
QUALIFICATION
Residents who wish to apply for the Residential Financial Need Service Discount shall qualify for
the discount by meeting the established guidelines for the existing Plus One Program.
DISCOI JNT TERM
The discount is effective for a period of no longer than twelve (12) months.
re-application annually.
The discount requires
MONTHLY DISCOUNT RATE
Reduction of Residential Solid Waste Service charges by $3.50 per thirty (30) days.
SCHEDULE SWC
COMMERCIAl, AND 1NSTIT[ JTIONAI, SOlJD WASTE COIJ,ECTION SERVICES
(Effective 11/01/03)
APPIJCATION
Every owner, occupant, tenant, or lessee of any business, commercial, or institutional property
not entitled to receive residential refuse collection service shall be required to have commercial
solid waste collection service provided by the City of DeNon.
New commercial business developmem and redevelopmem requires that commercial solid waste
service requiremems be reevaluated and services be provided under currem service requiremems.
Business developmem includes, but is not limited to any of the following: new business
construction, existing business expansions or remodeling, and existing business site revisions. With
these occurrences, the Planning Departmem's General Guidelines for Commercial Solid Waste
Services documem and requiremems will apply.
MONTHI,Y R ATE
PERMANENT FRONT LOAD CONTAINER SERVICE
(Long Term Scheduled Service)
In addition to the comainer service listed in this subsection, these rates also include the
demand response collection of up to four (4) bulky items per month, per customer account,
and demand response yard waste collection services.
1. 8 CIJBIC YARD CONTAINER
Front Load
Pickups Cubic Yards Rate Per
Per Week Per Week 30 Days
1 8 $103.47
2 16 $206.72
3 24 $312.69
2. 6 CIJBIC YARD CONTAINER
Front Load
Pickups Cubic Yards Rate Per
Per Week Per Week 30 Days
1 6 $84.66
2 12 $169.50
3 18 $255.52
Bo
3. 4 CIJBIC YARD CONTAINER
From Load Side Load
Pickups Cubic Yards Rate Per Rate Per
Per Week Per Week 30 Days 30 Days
1 4 $65.29 $75.26
2 8 $130.58 $150.43
3 12 $196.22 $226.32
4. 2 & 3 CIJBIC YARD CONTAINERS
From Load Side Load
Pickups Cubic Yards Rate Per Rate Per
Per Week Per Week 30 Days 30 Days
1 3 $53.34 $61.51
2 6 $107.02 $123.46
3 9 $161.50 $185.53
The Solid Waste Department will establish rates to recover the cost of service for
collection services at frequencies greater than three times per week.
New two yard and side load comainer services are no longer available. Customers
curremly receiving two yard or side load comainer services that discominue these
services may not reinstate them in the future.
5. CONTAINER EXTRA SERVICE (For a container reload and extra empty)
2 & 3 CY container
4 CY container
6 CY container
8 CY container
Collection Service Fee
$29.35 per pickup
$34.80 per pickup
$45.65 per pickup
$56.50 per pickup
These extra service fees apply if the truck, while on route, remains on-site to provide the
additional service. The driver waits while the customer reloads the container. On-site
waiting time in excess of fifteen (15) minutes will be charged to the customer at the rate
of $85.00 per hour. Waiting time will be billed in fifteen- minute incremems.
If the driver is called in from off-site to provide same day extra service, there is a $50.00
same day service charge.
CART SERVICE
Commercial cart service is not available city-wide. In those areas where cart collection is
available, small quantity waste generators may contract for once a week cart service.
Bulky item collection and yard waste collection services are not provided with
commercial cart service.
One (1) pickup per week service:
Cart Capacity 1 Cart
90 gallon (nominal) $15.00
60 gallon (nominal) $15.00
2 Carts
$28.00
$25.00
Extra empties performed while on-site will be provided at the one-cart rates listed above.
Customers on commercial cart service where fully automated collection service cannot be
provided will be charged an additional $2.00 per month per cart for providing semi-
automated (manual) collection service.
C. HAND COI,I,ECTED COMMERCIAI, SERVICE
The rate for hand collected commercial accounts will be the rate charged for a three (3)
cubic yard container serviced one time per week; or a rate established to recover the cost
of service, whichever is greater.
Bulky Item and Yard Waste collection services are not provided with hand collected
commercial service.
D. TEMPORARY FRONT IDAD CONTAINER SERVICE
Container Size
4 CY container
8 CY container
Monthly Container Rental
$32.90
$54.10
Collection Service Fee
$62.35 perpickup
$84.55 perpickup
Temporary service accounts incur container delivery charges to initially place the containers.
The use of a temporary container requires minimum service and/or billing a minimum of
once a month.
E. ROI~I~-OFF OPEN TOP SERVICE
20 CY container
30 CY container
Mon~ly Container Rental
$81.70
$94.05
Collection Service Fee
$238.10 per pickup
$291.85 per pickup
Customers that request the driver wait while they reload the container, in order for the
City to provide an additional empty(s), will be charged the collection service fee and on-
site waiting time in 15 minutes increments at the rate of $85.00 per hour.
The use of a temporary roll-off container requires minimum service and/or billing a
minimum of once a month.
The Solid Waste Department will establish rates to recover the cost of service for
unlisted container sizes.
Construction and demolition material (C&D) collections will be provided using 20 cubic
yard containers.
For disposal weights equal or greater than 700 pounds per cubic yard, an additional disposal
charge of $15.00 per ton for all container net weight will be charged. For disposal weights
equal or greater than 1,000 pounds per cubic yard, $15.00 per ton for all container net weight
will be charged plus an overweight penalty of $300.00 per container load will be charged.
ROI,I,-OFF COMPACTOR/CONTAINER SERVICE
Container Size
20 CY compactor
30 CY compactor
42 CY compactor
$299.50
$340.05
$389.60
Monthly Container Rental
Collection Service Fee
$261.45 per pickup
$295.55 per pickup
$337.65 per pickup
The Solid Waste Department will establish rates to recover the cost of service for
unlisted container sizes.
For disposal weights equal or greater than 700 pounds per cubic yard, an additional disposal
charge of $15.00 per ton for all container net weight will be charged. For disposal weights
equal or greater than 1,000 pounds per cubic yard, $15.00 per ton for all container net weight
will be charged plus an overweight penalty of $300.00 per container load will be charged.
6 CI JBIC YARD COMPACTOR SERVICE
Pickups Rate Per
Per Week 30 Days
1 $246.03
2 $493.16
3 $759.66
MI JI,TI-FAMII,Y BI JI,KY ITEM COI,I,ECTION SERVICE
These services are provided for the collection of residential household bulky items. Items
which will not be collected include: refrigerators, freezers, air conditioners, or any item
containing CFC's or PCB's. Collection services using these containers shall occur during the
customer's normal refuse collection route service. The customer must contact Customer
Service and request the bulky item container collection service on the day prior to the
requested collection date. Items placed in the container may not extend beyond 7 feet high
from the bottom of the container.
If the container is not serviced during the normal route, and the customer desires a special
collection service, services will be provided at the standard service fees.
If the bulky item container is contaminated with refuse, construction materials, or contains
other non-bulky materials, the standard service fees will apply.
l0
4 CY SL container
8 CY FL container
Mon~ly Container Rental
$15.00
$15.00
Collection Service Fee
$35.00 perpickup
$45.00 perpickup
SHARED COMMERCIAL CONTAINERS
Shared commercial comainer customers must have at least one (1) cubic yard of service per
customer. Rates associated with this service will be calculated based cost of service for each
occurrence. Rates will recover the cost of service. All customers using shared containers
will be charged the comainer rate, plus $2.00 per thirty (30) days to support administrative
costs.
MINIMUM COMMERCIAL CHARGE
A minimum charge of $15.00 per thirty (30) days will be charged to all commercial solid
waste customers.
SPECIAl, WASTE
Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the
Texas Municipal Solid Waste Management Regulations and is conditional upon the
waste requested for disposal. Acceptance of special waste is subject to Federal and State
laws and regulations, and the City of Denton has the right to refuse to accept or collect
special waste at their discretion. Charges, approved by the Director of Solid Waste, for the
collection and disposal of special waste, will be established based on the type of special
waste, and the requirements for collection and disposal of the waste.
OTHER CHARGES
A delivery fee of $75.00 per comainer will be charged to all customers for roll-off
comainers. A delivery fee of $50.00 per comainer will be charged to all customers for from
load or side load comainers.
A relocation fee of $50.00 will be charged for each roll-off comainer that is relocated at the
customer's site, unless relocation occurs following a service.
A $50.00 fee will be charged for each request for same day collection by on-demand roll-off
customers. The Solid Waste Department Customer Service Personnel must receive on-
demand service requests prior to 11:00 A.M. on the day service is requested in order to
provide same day collection service.
An access fee will be charged for comainers that presem accessibility problems, and/or
additional services or time. Comainers that are inaccessible at the time of collection will be
charged an inaccessible fee of $75.00 for roll-off comainers and $50.00 for all other
comainers. On-site waiting time will be charged in fifteen (15) minute incremems at the rate
of $85.00 per hour.
A $125.00 fee will be charged to install or remove comainer locks.
Loaded side load comainers shall not exceed a total weight of one ton. Loaded from load
containers shall not exceed a total weight of two tons. Roll-off container materials shall
weigh less than 700 pounds per cubic yard. Additional customer charges are incurred for
each excess weight comainer. Tickets and/or fines for overweight loads, and the City's
administrative costs, are the responsibility of the customer.
A minimum of once per week pickup service is required for comainers in which putrescible
(food) waste is placed.
Up to eight (8) bulky items per customer, per month, will be picked up from each
permanent commercial account customer at no additional charge. For this service,
commercial customers must call Solid Waste Customer Service by 5:00 p.m. on the
Wednesday before the first Thursday pickup. Bulky items shall not be placed near or
adjacem to comainers prior to 48 hours before the scheduled first Thursday pickup. A
service fee of $10.00 per bulky item will be charged for each bulky item in excess of
eight (8) bulky items collected. Multi-family bulky item route collection services are
available for customers desiring these services.
Demand response bulky item collection services will be charged a $50.00 service fee,
plus a fee of $10.00 per bulky item collected.
Bulky items may be delivered to the landfill at no charge. Solid waste customers may deliver
up to four times per month, and up to 200 pounds of bulky items per delivery, to Demon's
landfill at no charge. Loads in excess of 200 pounds will be charged landfill rates.
Appliances manufactured to comain PCB's or CFC's, for which the customer provides no
certified removal documemation of the PCB's or CFC's, will be charged $50.00 for the
collection and disposal of each appliance and/or the associated materials. There is no charge
for the collection of appliances which were manufactured to comain either PCB's or CFC's,
if the customer provides a certificate of documemation from an approved business qualified
to remove these products indicating that the PCB's or CFC's have been properly removed
for disposal. If the Solid Waste Department is not provided a certificate of removal, the
$50.00 charge per item will be assessed if the customer requests services through the Solid
Waste Department.
Overflowing and excess waste collections will be charged a $50.00 service fee, plus a
$35.00 charge per cubic yard for overflowing and excess waste outside the container,
which is collected, comainerized, and serviced by Solid Waste departmem personnel.
Other commercial services may be provided at fees established by the Solid Waste
Departmem, and approved by the Director of Solid Waste. The fees established will recoup
~_2
the costs and administration of the special services provided.
For permanent containers, a commercial solid waste service deposit, if required, will be
charged based on two months of the projected billing amount. Following a service review, if
the deposit is determined to be under-projected, additional deposit funds are required to
continue receiving service.
For temporary containers, a commercial solid waste service deposit is required. It will be
charged at 50% of the estimated billing amount, or two months of estimated service,
whichever is less. Following a service review, if the deposit is determined to be under-
projected, additional deposit funds are required to continue receiving service.
SCHEDULE SWCR
COMMERCIAl, RECYCIJNG SERVICES
(Effective 11/01/03)
APPIJCATION
Owners and managers of various multi-family living units, businesses, commercial and
institutional businesses, and properties receiving commercial solid waste collection services may
potentially participate in commercial recycling.
QUALIFICATION
Commercial recycling is not available for all multi-family living units and commercial and
institutional businesses operating within the City of Denton. Solid Waste Department
management will evaluate the commercial business and projected recyclable materials of
interested and solicited businesses to determine if commercial recycling services should be
provided.
MONTHI,Y R ATE
Rates will recover the cost of service. Rates will vary by container size and the frequency of
collection service provided.
Based on the recyclable volumes projected, and the City's recommendation, collection services will
be provided using either a fixed or demand response collection schedule.
M1NIMI JM BII J lNG
The minimum billing required is the amount of service provided and applicable for billing each
month.
ACCEPTABLE RECYCLABLE MATERIALS
· All classes of Paper including but not limited to; newspaper, office paper, junk mail, mail,
magazines, telephone books, catalogs.
· Corrugated cardboard and chipboard
· Aluminum, tin, and steel food and beverage cans
· Glass bottles, jars, and jugs
· Plastic bottles, jars and jugs
· Other materials as mutually agreed upon by the customer and City
14
NON-A~EPTAFII~E MATERIAl,S
The City will provide information listing non-acceptable materials. The multi-family owner or
manager, or business owner or manager is the responsible person required to inform all personnel
having access to and using the recycling container and all business recycling personnel of the non-
acceptable materials.
RIGHT OF I,OAD REFI JSAI,
The City reserves the right to refuse loads as recycling loads due to the amount of contamination in
the load. If a load is refused by the City, and determined not to contain sufficient recyclable
materials, it will be handled as municipal solid waste (MSW) and incur the associated rates.
OTHER CHARGES
All other solid waste services performed will be charged at listed solid waste rates.
15
SCHEDULE SWP
SOIJDS WASTE COIJ,ECTION AND TRANSPORTATION SERVICES PERMIT
(Effective 11/01/03)
APPIJCATION
Any person, emity, or business engaged in the collection and transport of waste or recyclables must
possess a current permit issued from the City prior to providing collection and transportation
services in the city limits of Demon. A permit is required for all private emities operating within the
city limits of Denton to collect and transport the following materials:
· Construction and Demolition (C&D)
· Commercial Materials Recycling
· Waste Vegetable & Animal Oils, and Grease
· Medical Waste
· Hazardous Waste
· Special Waste
· Residential Materials Recycling
The person applying for a permit will make application through the City's Solid Waste Departmem
on forms provided for that purpose, and pay the required fees.
Permits are non-transferrable and non-exclusive. The permit applicant must execute a service
agreement prior to the issuance ora permit.
GRANTING OF PERMIT
As a condition of granting of a permit, permittees agree to complete a service agreemem, carry
specific types and amounts of insurance, submit reports, and pay the necessary fees. Following the
graining of a permit, permit decals will be issued and placed on all vehicles operating within the City
limits of Denton. Vehicles operating in Denton are required to display a current permit decal.
The Director of Solid Waste (or his designee), after reviewing the permit application and conducting
the necessary review, may issue the permit, issue the permit with conditions, or deny the issuance of
the permit.
Individuals hauling personal materials from their residence, and who are not conducting commercial
hauling as part of a business emerprise, or as a sole business emerprise, are exempt from this
requirement.
FEES
Application fees are payable at the time of application submittal and shall be submitted to the
Director of Solid Waste, 1527 S. Mayhill Road, Demon, Texas. Application fees are non-
refundable. Permits are issued annually and are effective from October 1st or the date of issuance,
whichever is later, through September 30th of the following year, the City of Demon's fiscal year.
Fees paid are applicable only for the fiscal year for which they are paid.
Comainer Fees apply to each comainer placed by the permittee within the City limits of Demon, but
do not apply to residemial refuse carts used in newly annexed residemial areas. Comainer Fees are
established at $3.00 per cubic yard per comainer. Roll-off truck comainers require a comainer fee
regardless if the comainer is or is not placed on the ground.
Construction and Demolition (C&D) Collection and Transportation Permit
1. Application Fee: $100 annually
2. Vehicle Fee: $50 per vehicle annually
Commercial Materials Recycling Collection and Transportation Permit
1. Application Fee: $1,000 annually
2. Vehicle Fee: $1,000 per vehicle annually
Waste Vegetable & Animal Oils, and Grease Collection and Transportation Permit
1. Application Fee: $100 annually
2. 4% of Gross Revenue from services provided within the City limits
Medical Waste Collection and Transportation Permit
1. Application Fee: $2,000 annually
2. Vehicle Fee: $1,000 per vehicle annually
Hazardous Waste Collection and Transportation Permit
1. Application Fee: $2,000 annually
2. Vehicle Fee: $1,000 per vehicle annually
Special Waste Collection and Transportation Permit
1. Application Fee: $2,000 annually
2. Vehicle Fee: $1,000 per vehicle annually
G. Private Municipal Solid Waste (MSW) Collection and Transportation Permit
Available only to companies that provide services in newly annexed areas for specific periods
of time.
1. Application Fee: $1,000 annually
2. Vehicle Fee: $1,000 per vehicle annually
3. 4% of Gross Revenue from services provided within the City limits
H. Residential Materials Recycling Collection and Transportation Permit 1. Application Fee: $1,000 annually
2. Vehicle Fee: $500 per vehicle annually
3. 4% of Gross Revenue from services provided within the City limits
TERM AND RENEWAl,
All permits for commercial solid waste hauling services shall be valid for not more than one (1) year
from the date of issuance.
Permittees may make a written application for renewal sixty (60) days prior to the permit expiration.
The renewal application will update the information provided in the initial application.
Applications for renewal shall be processed in the same manner as an initial application.
REVOCATION OR NON-RENEWAL OF PERMITS
If the Director of Solid Waste (or his designee) finds any requirement of the permit to have not been
met, he may revoke or not renew the permit and require the entity to cease operations within the City
limits of Denton.
SCHEDULE SWL
SANITARY I,ANDFIIJ, SERVICES
(Effective 11/1/03)
MUNICIPAL SOLID WASTE (MSW) DISPOSAL RATES:
1. RETAIL RATES
Uncompacted Waste (Load capacity of less than 3 cubic yards)
[This waste excludes construction and demolition (C&D) materials.]
$33.75 per ton for waste originating within Demon's city limits
$41.00 per ton for waste originating outside of Demon's city limits
Uncompacted Waste (Load capacity of 3 or more cubic yards)
$39.00 per ton for waste originating within Demon's city limits
$41.00 per ton for waste originating outside of Demon's city limits
Compacted Waste
$35.00 per ton for waste originating within Demon's city limits
$37.00 per ton for waste originating outside of Demon's city limits
2. WHOLESALE RATES
Compacted Waste (Load capacity equal to 25 or more cubic yards)
$21.00 per ton for waste originating within Demon's city limits
$23.00 per ton for waste originating outside of Demon's city limits
Uncompacted Waste (Load capacity equal to 50 or more cubic yards)
$21.00 per ton for waste originating within Demon's city limits
$23.00 per ton for waste originating outside of Demon's city limits
When the scales are inoperative, or accurate weights cannot be determined, the following
rates may be charged based on the gross volume capacity of the vehicle, comainer, or trailer,
if no more accurate method is available.
Uncompacted Refuse
Compacted Refuse
$6.00 per cubic yard
$8.50 per cubic yard
The currem State of Texas landfill surcharge of $1.25 per ton is included in the above
disposal rates. Any additional assessmem or fees established by a govemmem emity will
be added to the disposal rates and assessed on all waste delivered to the landfill.
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M1NIMI JM I,ANDFII J, CHARGE
There shall be a $7.50 minimum charge per load for all materials delivered to the landfill.
MIXED LOADS
Customers bringing mixed loads of municipal solid waste, yard waste, and bulky items to the
landfill will be charged the applicable rate, or rates to cover the cost to handle wastes of
various types, characteristics, and amounts.
TIRES
Charges for tires not shredded or quartered:
1. Automobile and Pickup tires
2. Commercial and Industrial truck tires
3. Off-road tires with larger than a 24.5" wheel diameter
Charge Per Whole Tire
$5.00
$7.00
$15.00
YARD WASTE
1. Whole trees and stumps.
2. Clean bagged or un-bagged grass, leaves
or brush in less than twelve (12') foot lengths
3. Clean bagged or un-bagged grass, leaves,
or brush greater than twelve (12') lengths
$48.75 per ton
$16.25 per ton
$27.00 per ton
All comaminated yard waste in this category will be charged a MSW disposal rate.
BI JI,KY ITEMS
Bulky items may be delivered to the landfill at no charge. Solid waste customers may deliver
up to four times per month, and up to 200 pounds of bulky items per delivery, to Demon's
landfill at no charge. Loads in excess of 200 pounds will be charged landfill rates. For
appliances, which were manufactured to comain PCB's or CFC's, and for which no certified
removal documemation is provided, there will be a $50.00 charge per appliance.
INERT MATERIAI,S
$10.00 per ton
A SPHAI ,T/CONCR ETE/BRlCK/BI DCK
Inert materials include clean and uncomaminated loads of brick, block, millings, concrete,
asphalt, road-base, or similar materials, which may be recycled. The posted inert materials
rate will be charged, or rates to cover the cost to handle various types, characteristics, and
amounts of other acceptable inert materials. Periodically these materials may be sold to
Denton's citizens.
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H. SPECIAl, WASTE
Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the
Texas Municipal Solid Waste Management Regulations and is conditional upon the
waste requested for disposal. Acceptance of special waste is subject to Federal and State
laws and regulations, and the City of Demon has the right to refuse to accept or dispose
of special waste at their discretion. Charges, approved by the Director of Solid Waste, for
the disposal of special waste will be established based on the type, characteristics, and
amounts of special waste, and the requirements for disposal of the waste.
I. 1JNSECI JRED 1 DADS
In compliance with State regulations, solid waste loads that are not adequately secured to
prevem the material from spilling will be charged an Unsecured Load Charge of $20.00 for
each load.
2Z
SEC. IIDSS_T That the Director of Solid Waste of the City of Demon is hereby authorized to deny
the use of the City of Demon landfill to any customer who provides false information regarding the
origin of, or the composition of the solid waste delivered for disposal to the landfill; or for safety
violations committed by a customer within the landfill; or for non-compliance with verbal and
written instructions provided to the customer by Solid Waste Department personnel at the landfill; or
for nonpaymem of delinquem funds owed by the customer to the City of Demon, Texas; or for any
violation of the law committed by the customer within the landfill; or for any non-compliance by the
customer with the Texas Commission on Environmemal Quality regulations or policies; or for any
non-compliance by the customer with the City of Demon's Code of Ordinances or rules; or for any
violation of the written landfill rules by the customer as posted by the Solid Waste Department at the
entrances to the landfill, from time to time.
~. That it is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26-7,
26-8(a), and 26-9 of Article I of Chapter 26 of the City of Demon Code of Ordinances shall
expressly apply to City of Demon Solid Waste service.
SECTION 4. That all ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this
ordinance, or the application thereof to any person or under any circumstances is held invalid by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 6. That this ordinance shall become effective, charged, and applied to all solid waste
services rendered on and after November 1, 2003; and a copy of said rates, fees, and charges shall be
maintained on file in the Office of the City Secretary.
PASSED AND APPROVED this the
day of ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: ~
S:\Our Documents\Ordinances\03~Solid Waste Rate Ordinance 101003.doc
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October 2L 20 )3, II,em #3': 101 i 103
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DRAFT
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING MINUTES
October 6, 2003
9:00 A.M.
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, October 6, 2003, at
9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street,
Denton, Texas.
PRESENT:
EXCUSED:
John Baines, Yolanda Guzman, George Hopkins, Charldean Newell, Dick
Smith and Don White
EX OFFICIO MEMBERS
Howard Martin, ACM/Utilities
Bill Cheek
ITEMS FOR INDIVIDUAL CONSIDERATION:
3)
Determine a recommendation for the City Council regarding the appeal of William
Klm Fugitt, AIA (The Timbers at Denton, L.L.C.) brought pursuant to §26-226 of
City of Denton Ordinance No. 2003-137, involving the imposition of Impact Fees.
Tim Fisher, Assistant Director of Water Utilities presented this item.
The Timbers at Denton, L.L.C. (the "Developer") executed an offer and acceptance letter
contract for a property located on Edwards Road on July 25, 2002. In December of 2002 the
developer introduced the site plan proposal to the Denton Planning and Zoning Commission,
which was revised and resubmitted on January 8, 2003. The City Council approved the project
on February 18, 2003.
During the same period of time the City of Denton was in the process of updating the Capital
Improvements Plan (CIP) and revising impact fees. The Public Utilities Board approved the CIP
February 3, 2003. Numerous newspaper public notices were posted in the Denton Record
Chronicle in the months preceding consideration and enactment of the ordinance, including
Notice of Public Heating on land use assumptions and CIP relating to the possible amendment 9f
the impact fees.
Page 1 of 3
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On September 11, 2003, staffprovided the developer with an impact fee assessment letter for
The Timbers at Denton. The letter clearly illustrated how impact fees and meter fees for the
project were determined in accordance with the current City impact fee ordinance.
William Fugitt, AIA, appeared for the developer and addressed the Board. The Board had been
earlier presented with the written appeal documents of the developer. The Board also considered
the legal opinion of Michael Copeland, Utility Attorney.
Board Member Dick Smith asked when the final plat was approved. Fisher responded that the
preliminary and final plats were both approved on June 25, 2003. He explained that the
preliminary plat had not been approved at the time the final plat was submitted. Fisher also
commented that the final plat was incomplete upon submittal, but staff accepted it anyway. It did
not contain a traffic impact analysis or a response to the preliminary plat comments that staff had
previously provided for the applicant.
Smith then asked if the impact fee is decided when the final plat is approved or when it is filed.
Michael Copeland, Utilities Attorney, explained that it is determined when the final plat is filed.
Smith asked if the plat had now been filed. Fisher stated that, to his knowledge, the final plat had
not been filed within the last 5 days.
Smith asked the reason it had not been filed. Representatives of Fugitt and Associates stated that
they did not know the reason it had not been filed.
Kevin Roberts, Senior Engineer for Development Review, Engineering and Capital Projects,
explained that there are a number of items that need to be included with the final plat;
development contracts, in which the developer agrees with the City and the contractor to make
public improvements, inspection fees and tax certificates are also included in the development
contracts. Roberts believed the City had received the mylars and blue-lines necessary for filing
the plat, but the other documents had not been received.
Smith asked if there was a timeframe between approvals of a plat and when the plat is filed.
Fisher responded that the timeframe could be as long as two years, and added that it is not
uncommon to find a large gap between approval and filing.
Board Member Charldean Newell pointed out that the issue is not the filing of the plat, the issue
is the change in process, taking place at the same time that this application was being processed.
She suggested that the Board take into consideration who is responsible for communicating the
changes to the impact fees and who is responsible for the deadlines that were not met.
Smith stated that he found no basis for approving the appeal because the deadlines were missed.
Smith was sympathetic with Mr. Fugitt due to personal frustrations in seeking plat approval, but
he pointed out that the City is under no obligation to inform developers of pending changes. He
also commented that the deadline for impact fee determination is when the plat is filed, which
has yet to be done.
Board Member George Hopkins commented that the Board is not simply considering this
transaction, the Board is discussing policy, and if the Board does not deny this appeal, they may
have to consider similar contentions associated with past fees in the near future.
Page 2 of 3
Board Member Johi1 Baines asked for information regarding the current status of the project.
2 Fugitt explained that they are currently in the grading process and no infrastructure is in place.
3 He informed the Board that the next step would be water sewer inspection fees and zoning plans.
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Smith commented that although the City is under no obligation to notify applicants of changes
that might affect them, it might be a customer friendly gesture to notify them. He followed up by
stating that under the circumstances, there was no way that the Timbers at Denton could have
received plat approval in time.
Newell stated that, from a public relations standpoint, it would benefit the City to develop a
routine method of notifying applicants of impending policy changes.
Fisher pointed out that staff was in the process of adjusting the impact fees, and was not aware of
the timeframe involved. Staffwas at-the-time reluctant to communicate that they were going
through the Public Hearing process on impact fees. Fisher commented that he did speak to the
engineer on the project on April 10, 2003, informing him that the City was going through a fee
change. He asked the engineer what the schedule for the project was and provided him with a
cost estimate of the fees, which was slightly lower than the current fees.
Baines suggested a recommendation to the City Council that they consider a facilitator for the
larger projects, who would keep the lines of communication open, thereby ensuring the City
receive as much money as possible.
Hopkins moved to deny the appeal, with a second from Smith. The motion to deny the
appeal was approved unanimously by a vote of 6-0.
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PUB Minutes for City Council Agenda Item # 41
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING MINUTES
September 15, 2003
9:00 A.M.
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Pubhc Utilities Board convened into an Open Meeting on Monday, September 15,
2003, 2003 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-
A Texas Street, Denton, Texas.
PRESENT:
George Hopkins, Bill Cheek, Charldean Newell, Dick Smith, Don White
and Yolanda Guzman
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM/Utilities
EXCUSED:
John Baines
ITEMS FOR INDIVIDUAL CONSIDERATION:
7)
Consider approval ora Professional Services Agreement with ETTL Engineering and
Consulting, Inc. to supply the Solid Waste Department with hydrogeological
consulting and groundwater monitoring services at the City's Landfill in an amount
not to exceed $40,879.52.
Vance Kemler, Director of Solid Waste, presented this item. Kemler reported to the Board that
this professional services agreement would approve the use of ETTL Engineering and Consulting
to perform and submit groundwater monitoring results to the Texas Commission on
Environmental Quality. Kemler reported that ETTL drilled and constructed the monitoring wells
at the landfill and has provided monitoring and reporting services since 2000.
Hopkins asked if testing and monitoring could be performed by in-house personnel. Martin
responded that because groundwater monitoring uses different testing perimeters with specialized
and costly equipment, it would not be cost effective to hire and train personnel for this one
testing procedure. Contracting this service out not only provides the city with trained personnel
to provide the service, but also trained personnel to analyze the data, and report directly to the
TCEQ.
Cheek moved to approve the agreement, with a second from Smith. The motion was
approved unanimously.
Page 1 of 1
HEFFER WATER WELL
II.
III.
REPRESENTATION OF FAMILIES INVOLVED
Bobby Nadefi & family, Bill Stewart & family, Cindy Lamb & family, Dewayne
Blevins, Baron Booth & family, Maurice & Kay Wilkinson, Judge Joe Bridges and
Leo & Sue Bell.
These people am customers of my water well. This is their only source of water,
the city of Denton does not supply water to these residents.
Texas Commission of Environmental Quality
The TCEQ has required me to file an Application for exempt utilities to be
registered with the State of Texas. I have filed for an exempt public utility status
due to the fact that I have less than 15 potential connections, have not been
owned by or affiliated with a retail public utility or any other provider of potable
water service, are not within the corporate boundaries of a of a district or
municipality unless it receives written authorization from the distdct or
municipality and, not bo within.the certificated area of another retail public utility.
I filed this "exempt utility" application from the promise of Tim Fisher with the
City of Denton, that a letter of written authorization would be given to continue to
operate.
Since my conversation with Mr. Fisher we have exhausted three 30 day
extensions from the State of Texas attempting to get the letter of authorization
from the City of Denton. Now, the State of Texas is requiring the City of Denton
to "decertify" their existing CCN map which would allow the well to continue to
operate. This could all have been avoided with a simple letter of authorization
from the City of Denton. I have called Mr. Fisher on several occasions and have
had my phone call returned one time. The rest I have had to call him back. The
State of Texas advised me to write a letter to Mr. Fisher to document that I
have in fact contacted him and left messages and carbon copy them, which I
have done. Mr. Fisher requested the phone number of my contact person with
the TCEQ and he would contact her, which wes never followed through with. I
called TCEQ to let them know that Mr. Fisher is going to contact them and try to
work this out. I followed up with a call to TCEQ and Mr. Fisher failed to call
them. So, Tammy Benter with TCEQ requested Mr. Fisher's phone number and
she would call him, which she did. Again, them wes no resolution.
ALTERNATIVES
Attempt a letter from the City of Denton that they know the water well exist and
that it may continue to operate. At this point the letter will be only an attempt, in
that, the TCEQ may continue to went the decertification as this has gone on too
long.
I can file an Application to discontinue service. Due to the fact that my
customers will not bo provided for as the City of Denton does not supply water to
us, then it will be denied until the City of Denton can get water out to us. With
this alternative, the residents are responsible for the cost, which last account I
had wes approximately $10,000.00 for each house. After speaking to my
customers, this alternative is totally out of the question. We are not businesses
or big developers out here, these are hard working people and that amount of
money to have water piped out hero is unreasonable to us when, we have a
water source already.
My third and final alternative is to file for a single CCN map to decertify the City
of Denton's CCN map and continue to operate. TCEQ has waived the filing fee
for the application and agreed to send a ropresentative to my home and assist
me with the filing. Now, I ask each of you to put yourself in my situation and
think about this. Which alternative would you pick??
Conclusion: My husband and I purchased this water well from the previous owner because we
live here and can maintain the well. With the previous owner he did not maintain the well and
we have gone as much as 4 days without water. Since purchasing the well, we have at'tempted
to do eve~Jthing legal. I contacted the State of Texas and requested information regarding my
responsibilities. At that time my roply from them was "you do not fall under our jurisdiction. I did
have one customer, which I did not represent here today, complain to the state because I
increased the monthly base charge from $45.00 to $50.00 per month. They felt this was illegal
and complained to the state on a daily basis. Which prompted the state to look into the situation
and make a file. The only thing that needed to be done was for me to file an application to be an
exempt utility. I have completed that but, needed permission from the City of Denton, which, at
this time has not been done. I have exhausted three 30 day extensions and TCEQ is not
allowing anymore extensions. Mr. Fisher has not given adequate time or answers to this
situation and at this time, I have no other alternative but to file the Application for a Single CCN
to decertif¥ this area from the City of Denton's current CCN. Mr. Fisher did tell me that I should
%vait until the state enforces this" but, I am a Registered Nurse with the State of Texas, I have a
Judge of Denton, Investigator for the Denton Distdct Attorney's Office, two persons working for
attorneys in the Metroplex area, as wall a business owner in the City of Denton and other
professionals. It is not likely that we would jeopardize our careers by doing something illegal to
loose our professional status.
Thank you for your time.