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July 22, 2003 Agenda
AGENDA CITY OF DENTON CITY COUNCIL July 22, 2003 The City of DeNon City Council has been invited by the University of North Texas to participate in a complimentary bus tour of Denton on the University of North Texas' "Regal Eagle" on Tuesday, July 22, 2003 departing from the City Hall parking lot at 3:30 p.m. After determining that a quorum is presem, the City Council will convene in a Work Session on Tuesday, July 22, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of July 22, 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: mo Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberate the purchase and value of real property imerests for park and street purposes in the M.E.P. & P.R.R. Survey Abstract 950 and being an approximate 10.965 acre tract and a 2.689 acre tract, located at the southwest corner of State School Road and Brighton Street, Denton, Texas; which acquisition is for a public purpose. Receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition of such real property imerests. Bo Deliberations regarding certain public power utilities: Competitive Matters --- Under TEXAS GOVERNMENT CODE Section 551.086. Receive competitive electric information, including commercial information, from DeNon Municipal Electric ("DME") staff relating to its competitive activities, to wit: the possible acquisition of 800 MHz radio frequencies from a third party, respecting DME's trunked radio system. Discuss, deliberate, consider, provide staff with direction, and take final action regarding the foregoing matter. 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 City of DeNon City Council Agenda July 22, 2003 Page 2 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. Regular Meeting of the City of DeNon City Council on Tuesday, July 22, 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 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. Recognition of staff accomplishments 3. CITIZEN REPORTS A. Receive citizen reports from the following: Dr. John Paul Eddy regarding need for new tree ordinance. Serena Eckert regarding realignmem of Lakeview Blvd. Darryle Petters regarding realignmem of Lakeview Blvd. 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-K). 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, Consent Agenda Items A-K 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. City of Demon City Council Agenda July 22, 2003 Page 3 mo Consider adoption of an ordinance of the City of Demon, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation so that a project for the acquisition of approximately 13.65 acres of land from the State of Texas for parks and street purposes can be consummated, such land being located at the southwest comer of State School Road and Brighton Street in the City of Denton; declaring an emergency and amending the 2003-2004 Capital Improvement budget to allow the funding for said project; and providing an effective date. (Land purchase and related costs-$189,000.00) Bo Consider adoption of an ordinance of the City of Demon, Texas approving a Real Estate Contract between the City of Denton, The State of Texas by and through the Texas Department of Mental Health and Mental Retardation and The School Land Board for the purchase of an approximate 10.965 acre tract and a 2.689 acre tract of land located adjacent to the Denton State School in the M.E.P. & P.R.R. Survey, Abstract No. 950 in the City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. Co Consider adoption of an ordinance authorizing the City Manager or his designee to execute a contract for an Electrical Utility Easement consisting of 1.11 acres, being part of Section 3, Tract 6 conveyed to Rayzor Investments, Ltd. by deed recorded in Volume 1796, Page 601 of the Real Property Records of Demon County, Texas, said property being located in William Neill Survey, Abstract No. 970, Denton County Texas; authorizing the expenditure of funds therefore; and providing an effective date. (West Demon Electric Project) Do Consider adoption of an ordinance abandoning and vacating a portion of a sewer line Easement from J. Newton Rayzor to the City of Denton, as recorded in Volume 514, Page 581 of the Real Property Records of Denton County, Texas, being a part of the E. Puchalski Survey, Abstract No. 996, and declaring an effective date. mo Consider adoption of an ordinance abandoning and vacating a portion of a sixteen foot wide drainage and utility easemem affecting Lot 4, Block 2 of Southmom Place, an addition to the City of Denton according to the plat thereof which is located in the C. Poulallier Survey, Abstract No. 1006; and declaring an effective date. Fo Consider adoption of an ordinance of the City of Demon, Texas authorizing the expenditure of funds for paymems by the City of Demon for Wide Area Network Charges to the Electric Reliability Council of Texas; and providing an effective date (File 3055 to the Electric Reliability Council of Texas (ERCOT) in the estimated amoum of $57,000). Go Consider adoption of an ordinance approving the expenditure of funds for the purchase of the renewal fee for maimenance of the City of Demon's Public Safety software provided by VisionAir and available from only one source in accordance with the provision for state law exempting such purchases from requirements of City of DeNon City Council Agenda July 22, 2003 Page 4 competitive bids; and providing an effective date (File 3054 to VisionAir in the amoum of $140,832). Ho Consider adoption of an ordinance accepting competitive bids and awarding a comract for the purchase of prevemive maimenance services for City vehicles; providing for the expenditure of funds therefore; and providing an effective date (Bid 3023 - Prevemive Maimenance Services awarded to USA Lube and Tune in the estimated amoum of $50,000). Consider adoption of an ordinance awarding a contract for the purchase of a trailer mourned underground puller for DeNon Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3040 - Trailer Mounted Underground Puller awarded to TSE International, Inc. in the amoum of $76,720). J. Consider appoimmems to the following boards and commissions: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Airport Advisory Board Animal Shelter Advisory Committee Community Developmem Advisory Committee Construction Advisory and Appeals Board Historic Landmark Commission Human Services Advisory Committee Library Board Parks, Recreation and Beautification Board TMPA Traffic Safety Commission Zoning Board of Adjustmem Ko Consider adoption of an ordinance of the City of DeNon, Texas approving an amendment to an airport lease between the City of Denton and Ezell Aviation, Incorporated and a partial assignment to George Dalton; and providing an effective date. 5. PUBLIC HEARINGS mo Teasley Lane High School, The approximately 67.69 acre site is generally located north and east of Teasley Lane (FM 2181) and west of Blue Bonnett. Consider adoption of an ordinance on second reading to volumarily annex approximately 67.69 acres. (A03-O001, Teasley Lane High School) (Not a public hearing) Hold a public hearing and consider adoption of an ordinance zoning approximately 67.69 acres of land to a Neighborhood Residemial 2 (NR- 2) zoning district. A public high school is proposed. The Planning and Zoning Commission recommends approval (5-0). (Z03-0016, Teasley Lane High School) City of DeNon City Council Agenda July 22, 2003 Page 5 ITEMS FOR INDIVIDUAL CONSIDERATION mo Consider adoption of an ordinance on second reading, establishing the extension of the cable television franchise between the City of DeNon and Charter Communications; providing a severability clause; and providing an effective date. Bo Consider nominations/appoimmems to the following boards and commissions: 2. 3. 4. 5. Human Services Advisory Committee Library Board Planning and Zoning Commission Public Utilities Board Zoning Board of Adjustmem Co New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Do Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda mo Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Fo 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 DeNon, 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 HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: July 22, 2003 Management and Budget Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation so that a project for the acquisition of approximately 13.65 acres of land from the State of Texas for park and street purposes can be consummated, such land being located at the Southwest Corner of State School Road and Brighton Street in the City of Denton; declaring an emergency and amending the 2002-2003 Capital improvement Budget to allow the funding for said project; and providing an effective date (land purchase and related costs-$189,000.00). BACKGROUND This reimbursement ordinance in the amount of $189,000 is requested to reimburse expenditures from the Unreserved Fund Balance of the General Fund in order to purchase 13.65 acres of land from the State of Texas for park and street purposes at the Southwest Comer of State School Road and Brighton Street. Completion of this project is integral to the successful completion of the Unicorn Lake Development. This project is critical because the already high level of traffic in the area will be exponentially increased with the opening of this high profile shopping area. The roadway is not adequate to support the increased traffic. If this project is not undertaken, it will have a critical impact on the roadway system of the area and on the health and public safety of the community, in addition, if delayed, because of development in the area, the cost of area property will continue to increase. RECOMMENDATION Staff recommends approval of this reimbursement ordinance. FISCAL INFORMATION This ordinance will allow $189,000 for acquisition of 13.65 acres for park and street purposes from the unreserved Fund Balance of the General Fund to be reimbursed with Certificates of Obligation. Funds will be expended from the State School Property Acquisition project, in addition to this reimbursement ordinance, $220,000 will be provided from existing Aide-in- Construction money. Respectfully submitted: Anna Mosqueda, Director Management and Budget ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A PROJECT FOR THE ACQUISITION OF APPROXIMATELY 13.65 ACRES OF LAND FROM THE STATE OF TEXAS FOR PARK AND STREET PURPOSES CAN BE CONSUMMATED, SUCH LAND BEING LOCATED AT THE SOUTHWEST CORNER OF STATE SCHOOL ROAD AND BRIGHTON STREET IN THE CITY OF DENTON; DECLARING AN EMERGENCY AND AMENDING THE 2002-2003 CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING FOR SAID PROJECT; AND PROVIDING AN EFFECTIVE DATE. (LAND PURCHASE AND RELATED COSTS-S189,000.00) WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures for projects in conjunction with the acquisition of approximately 13.65 acres of land from the State of Texas for park and street purposes, such land being located at the southwest comer of State School Road and Brighton Street in the City of Denton (the "Project") which Project is described in Attachment "A" attached hereto and made a part hereof by reference; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; and WHEREAS, the expenditures for the Project will be disbursed in the interim from the general Unreserved Fund Balance, which is not appropriated at present in the 2002-2003 capital improvement budget for such use; and WHEREAS, after the budget was adopted, the City Manager was informed of the pending development in the area of the Denton State School. The development is planned to include a large retail area as well as residential area, which will generate a significantly larger amount of traffic. In order to insure roadways are adequate to handle the large volume of traffic resulting from this development, the acquisition of this property is critical. Property values will continue to increase as a result of on-going development and current street conditions are in no way adequate to handle the expected increase in traffic volume; and WHEREAS, because of the rapid pace and nature of recent development, this Project was not substantially developed prior to the adoption of the FY 2002-2003 budget and the scope and necessary involvement of the City of Denton could not have been anticipated prior to the adoption of the FY 2002-2003 budget. Therefore, even by diligent thought and attention, this could not have been reasonably expected to be included in the budget; and WHEREAS, Timing is of the essence since inaction could adversely impact public health and safety, the city's thoroughfare system, and economic viability of the City's tax base. Therefore, this creates an emergency and grave public necessity that the Capital Improvement Fund budget be amended to fund this transportation roadway acquisition Project. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are true and correct and are hereby adopted. SECTION 2. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $189,000.00 for the purpose of paying the costs of the Project, as set forth in the attached Attachment "A." SECTION 3. All costs to be reimbursed will be for land purchase and other related expenditures. No tax-exempt obligations will be issued bythe Issuer in furtherance of this ordinance after a date which is later than 18 months after the later of(l) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. All amounts expended from the Unreserved Fund Balance of the General Fund for the Project set forth in Attachment "A" to pay any costs of the Project shall be reimbursed from Certificate of Obligation Bond proceeds within the 2003-2004 fiscal year. SECTION 4. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this ordinance more than three years after the date any expenditure, which is to be reimbursed, is paid. SECTION 5. The 2002-2003 Capital Improvement budget of Issuer is amended up to the amounts listed in Attachment "A", to provide for adjustments to the Capital Improvement budget. Accordingly, the 2002-2003 Capital Improvement budget is hereby amended by transferring the sum of$189,000.00 from the Unreserved Fund Balance to the Capital Improvement Fund, to the State of Texas Property Acquisition project. Immediately upon the sale and receipt of the proceeds from the certificate of obligations the sum of $189,000.00 or the actual amount transferred to the Capital Improvement Fund shall be transferred to the Unreserved Fund Balance. If for any reason these adjustments to the Capital Improvement Fund do not fully cover the expenditures anticipated in Attachment "A", the City Manager is authorized to provide such funds from the Unreserved Fund Balance. SECTION 6. The City Secretary is directed to attach a copy of this ordinance to the original Capital Improvement budget and cause this amendment to be published once in the Denton Record- Chronicle. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. Page 2 PASSED AND APPROVED this the __ day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EUL1NE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 ATTACHMENT A CIP PROJECT: 2002-2003 State School Property Acquisition Construction Funds TOTAL $189,000 220,000 $409,000 Certificates of Obligation Existing Aide-In Page 4 AGENDA INFORMATION SHEET AGENDA DATE: July 22, 2003 DEPARTMENT: CM/DCM/ACM: Engineering Jon Fortune, Assistant City Attorney SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execme a Real Estate Contract between the City of Denton, The State of Texas by and through the Texas Department of Mental Health and Mental Retardation and the School Land Board for the purchase of an Approximate 10.965 acre tract and a 2.689 acre tract of land located adjacem to the DeNon State School in the M.E.P. & P.R.R. Survey, Abstract No. 950 in the City of Denton, Denton County, Texas; authorizing the Expenditure of funds therefore; and providing an effective date. BACKGROUND City staff has been working with the General Land Office, (GLO), of the State of Texas to negotiate the acquisition of approximately 13.66 acres of land from the Texas Department of Mental Health and Memal Retardation, (TDMHMR). This property will be purchased as two tracts, which will supply 2.689 acres for street and right-of-way purposes that will provide connectivity from Wind River Road to State School Road, and approximately 10.965 acres for park. The GLO and TDMHMR have agreed to the acquisition at the appraised value of $409,000.00. This acquisition will provide better traffic flow and additional ingress and egress for the Unicom Lake area developmems as well as additional park facilities. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE Estimate summer of 2004 PRIOR ACTION/REVIEW None FISCAL INFORMATION A combination of $220,000.00 from Parkland Dedication and Development Funds, Community Park Acquisition Bond Funds, and $189,000.00 from the General Fund. ATTACHMENTS Location Map Draft Ordinance Earnest Money Contract Survey Illustration Prepared By: Respectfully submitted: Pamela G. England Real Estate Specialist David Hill Assistant City Manager Location Map S:\Our Documents\Ordinances\03~Denton State School Real Estate Ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON, THE STATE OF TEXAS BY AND THROUGH THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION AND THE SCHOOL LAND BOARD FOR THE PURCHASE OF AN APPROXIMATE 10.965 ACRE TRACT AND A 2.689 ACRE TRACT OF LAND LOCATED ADJACENT TO THE DENTON STATE SCHOOL IN THE M.E.P. 8, P. RR SURVEY, ABSTRACT NO. 950 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a real estate contract between the City of Denton and the State of Texas by and through the Texas Department of Mental Health, Mental Retardation and the School Land Board, in substantially the form of the contract which is attached hereto and made a part of this ordinance for all purposes. SECTION 2. The City Manager, or his designee, is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO~EGAL FORM: BY: - EARNEST MONEY CONTRACT SALE OF PROPERTY FROM STATE OF TEXAS TO PERMANENT SCHOOL FUND FOR SALE TO THE CITY OF DENTON THiS CONTRACT OF SALE is made by and between the State of Texas, acting by and through the Texas Department of Mental Health and Mental Retardation, TDMHMR for the use and benefit of the Denton State School, Denton, Texas, hereinaRer referred to as the SELLER or TDMHMR and the School Land Board by and through its chair, the Commissioner of the Texas General Land Office Chairperson, on behalf of the Permanent School Fund, hereinafter referred to as the SELLER or SLB and the City of Denton, Texas, hereinaRer referred to as the BUYER or CITY. PURCHASE AND SALE OF PROPERTY. For the consideration and subject to the terms, provisions and conditions herein, SELLER hereby agrees to convey, and BUYER hereby agrees to purchase and pay for, the following described approximate 13.654 acres of Property, for use as designated by the City of Denton, Texas provided and except however, the deed restrictions enumerated herein that run with the land Tract One. A parcel of land not to exceed 10.965 acres out of an being a part of that 201.38 acres of land deeded to the State of Texas by Alfred F. Sellmeyer and wife Barbara F. Sellmeyer as shown by that deed recorded in Volume 435 Page 12 Real Property Records of Denton County, Texas, said 10.965 acres situated in the City of Denton, County, Texas described as shown in Exhibit "A" attached hereto and made a part hereof to which reference is made for further description. Approximately 1.135 acres of Tract One lies within State School Road right-of-way. Tract Two. A parcel of land not to exceed 2.689 acres out of an being a part of that 201.38 acres of land deeded to the State of Texas by Alfred F. Sellmeyer and wife Barbara F. Sellmeyer as shown by that deed recorded in Volume 435 Page 12 Real Property Records of Denton County, Texas, said 2.689 acres situated in the City of Denton, County, Texas described as shown in Exhibit "B" attached hereto and made a part hereof to which reference is made for further description. Approximately 0.192 acres of Tract Two lies within State School Road right-of-way. Together with any and all rights and appurtenances pertaining to the "Property" including any development rights, easements appurtenant, and right, title and interest of Seller in and to adjacent streets, alleys, easements and rights of way related to the "Property". All minerals, mineral rights, royalty interests and development rights not herein conveyed will be retained by Seller except however, such reservation will prohibit use of the surface for drilling purposes and require off site drilling to explore for, drill and harvest the minerals reserved. All of such real property, rights, interests and appurtenances are hereinaRer referred to as the "Property". C:kDOCUMF-~I \pgenglan~OCALS~l Wemp~DENTON--4.DOC 07/17/03 Page 1 of 22 e SALES PRICE. The Sales Price shall be Four Hundred Nine Thousand and No/100 ($409,000) payable in full at closing. "Funding Out". It is expressly understood and agreed that in the event sufficient funds are not appropriated for the payment of the amounts due under the Contract, then the Buye.r may terminate its payment obligations under the Contract. Buyer agrees that in the event it terminates its payment obligations in accordance with the terms of this provision, Buyer will promptly terminate this Contract. Termination of the Buyer's payment obligations in accordance with the terms of this provision shall not be deemed a default by Buyer on its obligations under the Contract and Buyer shall not be liable for any unpaid amounts due under the Contract or for any deficiency. INDEPENDENT CONSIDERATION. Buyer shall deposit with Fidelity National Title Insurance Company, Austin, TX 78734 ('~ritle Company") the amount of One Hundred Dollars ($100.00) (the Independent Consideration) within 5 business days al~er execution of this Contract by Seller and Buyer. Within 5 business days following its receipt of the independent Consideration, the Title Company shall deliver to Seller all of the Independent Consideration as consideration for this Contract. The Independent Consideration will not be returned to Buyer if the Contract is terminated for any reason. PROPERTY CONDITIONS. Buyer may investigate the condition of the Property pursuant to paragraph 6C of this Contract prior to Closing. 5. SURVEY~ ENVIRONMENTAL ASSESSMENT AND TITLE COMMITMENT. A. Survey. (a) 'Within 45 days after the completion of the execution of this agreement, Buyer shall, at the expense of Tbe City of Denton, Demon, Texas, Buyer, deliver or cause to be delivered to Seller and the Title Company a copy of a current on the ground survey, which complies with this Subparagraph 5(A)(a), ("Survey") of the property made by a duly licensed surveyor reasonably acceptable to Seller and in a form acceptable to Buyer and the Title Company. If Seller chooses to have the survey exception deleted then the additional expense to delete the Survey exception (except as to shortages in area) will be paid by the City of Denton, proposed Assignee. The Survey must: (i) be a Category 1-A Land Title Survey, as specified by the latest edition of the Manual of Practice for Land Surveying published by the Texas Surveyors Association, (ii) be addressed to Buyer and Title Company and (iii) include: (1) the actual boundaries and dimensions of the property; C:~DOCUME~ 1 \pgenglan~OCALS~l \Temp~DENTON~4.DOC 07/17/03 Page 2 of 22 Bo (2) O) (7) a metes and bounds description of the Property (unless the property can be described by reference to a recorded plat); the location of any easements, set back lines, encroachments, overlaps, roadways or waterways; the outside boundary lines of all improvements and all fences; a certification by the Surveyor to the Buyer and the Title Company (a) that the Survey was made on the ground (b) that the Survey is correct, (c) that the Propexty adjoins a publicly- dedicated roadway, and (d) that there are no discrepancies, conflicts, shortages in area, boundary line conflicts, encroachments, or visible or apparent easements, roadways or rights of way, except as shown on the survey; the Surveyor's registered number and seal; and Identification of any area within the Property that has been designated by the Federal Insurance Administrator, the US Army Corps of Engineers, or any other governmental agency or body as being subject to special flooding hazards, or certification that no such flood hazard area exists on the Property. Upon delivery of the Survey, the metes and bounds description of the Property shall automatically be incorporated into this Contract as a revised EXHIBIT "A" and revised EXHIBIT Seller will have 30 days after receipt of the Survey to review and approve it or notify Buyer of objections as provided in paragraph 6. Environmental Assessment. Within 30 days after the Effective Date of this Contract, Buyer may, in its discretion, at expense of City of Denton, Texas, deliver to Seller a current Phase I Environmental Site Assessment covering the Property, performed by a firm or consultant approved by Buyer. In the event and only in the event that such assessment concludes that environmental cleanup, abatement or mitigation is required, Buyer may, in its sole discretion, terminate this contract. Title Commitment. Within 20 days after the Effective Date of this Contract, Seller shall have caused Title Company to issue as follows: (a) A title commitment ("Title Commitment") covering the Property binding the Title Company to issue a Texas Owner's Policy of Title Insurance on the Standard form of policy prescribed by the Texas State Board of Insurance at the closing in the full amount of the Sale Price, subject only to the exceptions approved or waived C:\DOCU'MI~ 1 \pgenlllaff(ILOCALS~l ~Tomp'OENTON"-4,DOC: 07/17/03 Pa~e 3 0£22 by Buyer in accordance with paragraph 6, a copy of which is attached as Exhibits "D" and "E" and any liens established as part of the transaction subject of this Contract of Sale; and (b) True, correct, and legible copies of any and all instruments referred to in the Commitment that constitute exceptions or restrictions upon the Seller's title; and Buyer will have 20 days after receipt of the Title Commitment and copies of the instruments to review and approve it or notify Seller of objections as provided in paragraph 6. At~oraisal. Sellers have appointed an appraiser to appraise the property at Buyer's sole expense. Should the transaction subject of this agreement not close and fund, for any reason whatsoever, Buyer shall pay the expenses allocated to Seller herein, to include expenses of the appraisal. Upon receipt of the appraisal, Seller will furnish a copy to Buyer. The appraiser as provided for herein, will take into account the restrictions on the use of the property as provided in Exhibit "E" attached to this agreement. Other Documents. In all .instances where Buyer prepares, acquires or obtains, as the case may be, of any site development plans, permits, environmental analyses, or any other information or review with respect to the physical condition of or development on the property during the investigative period, Buyer shall furnish to Seller within 7 days of acquisition of such document or documents at no cost to Seller, copies of the aforesaid plans, permits, analyses, assessments, and other documentation developed by or for Purchaser regarding the physical condition and investigation of the property including any governmental approvals and consents required for the development of the property. APPROVAL PERIOD AND TITLE A. Commitment Documents Review. Buyer shall have 20 days after the receipt of the Survey, the Title Commitment, Appraisal, copies of all instruments referred to in the Commitment ("Commitment Documents"), and any and all documents called for in this contract, in accordance with the provisions of this contract, to review them and to deliver in writing to Seller any objections that Buyer may have. In addition, if Buyer receives any revised Commitments or revisions to any other documents prior to Closing, Buyer has 10 more days to review the Commitment and or any other Documents and deliver in writing to Seller any objections that Buyer may have. Any item to which Buyer does not object within the "Review Period" will be deemed accepted by Buyer. If Buyer makes objections, Seller has 30 days to cure same. C:~DOCUMF_~I kpgenglan~l_X)CALS~ 1Wemp~DENTON--4,DOC 07/17/03 Page 4 of 22 Bo If Seller delivers written notice to Buyer on or before Closing Date that Seller is unable or unwilling to satisfy such objections, or is unable to convey title in accordance with paragraph 7, Buyer may either waive such objections, accept title subject to all such objections, or terminate this Contract by written notice to Seller. If Seller terminates this Contract, the Independent Consideration must be refunded to Buyer. Title. At the Closing, Seller will convey to Buyer good and indefeasible title by D~ed from the State of Texas without warranties, subject only to any title exceptions approved or accepted by Buyer in advance in accordance with paragraph 6 and subject to use restrictions that will be a covenant running with the land. The use restrictions will restrict the use of the subject property for uses as designated by the City of Denton, Texas subject to deed restrictions set forth herein as Exhibit "E" attached hereto and made a part hereof. Said restrictions will be a covenant that rtms with the land. Delivery of the title policy pursuant to paragraph 7 below will be deemed to fulfill all duties of Seller as to the sufficiency of title required hereunder. This provision for use restriction will survive the closing. Review Period. In consideration of the Independent Consideration and other good and valuable consideration, paid to Seller by Buyer, Seller grants Buyer the right to investigate, inspect, and review the Property and all current "Documents" pertaining to site development of the Property in Seller's possession or control for a period of 60 days from the Effective Date of this Contract. During the review period Buyer, its authorized agents, representatives, and employees may enter upon the Property at reasonable times under reasonable circumstances to inspect the Property and conduct soil, subsoil, and such other tests as may be reasonably required by Buyer. Reasonable hours are agreed to be those hours between 8:00 am and 5:00 pm local time on weekdays, unless otherwise specifically authorized by the Superintendent of the Denton State School or his designee. Buyer is responsible that the contractor must comply with the local rules and regulations for entry upon the property to include notification to the Superintendent upon each entry to the property. Buyer is responsible that the entity performing the inspection and testings required by Buyer will comply wkh all safety requirements as established by the Texas Department of Mental Health and Mental Retardation. Seller agrees to cooperate with Buyer in allowing Buyer, its authorized agents, representatives, or employees to have access to the Property to conduct such studies or investigations, upon reasonable notice to Seller. During the Review Period, Seller further agrees to allow Buyer, its authorized agents, representatives or employees, to inspect and make copies of all current C:'OOCLIM~I \pgenglan'ff_,OCALS-1 \Temp'd)ENTON--.4.DOC 07t17/03 Page 5 of 22 assessments (special or otherwise), and correspondence fi:om governmental entities with respect to the Property, all service agreements or other contracts affecting the Property, surveys, operations and maintenance plans, environmental reports, and all books, records, files, reports, and all other documents and related items in anyway pertaining to the Property's physical condition, (collectively, "Documents"), which are in Seller's possession or control. The inspection and copying must be done at Seller's office or another place designated by Seller. Seller must provide access to the Documents within the Review Period. Seller must conspicuously mark any and all of the Documents that are proprietary and confidential in nature. To the extent it is permitted to do so under applicable law, Buyer agrees not to disclose the Documents, or any of the provisions, terms or conditions thereof; to any party other than those individuals within Buyers organization and Buyers agents and representatives. To the extent it is permitted to do so under applicable law, Buyer shall remm all of the Documents marked proprietary and confidential to Seller if this Contract terminates and Buyer does not purchase the Property. Any termination of this Contract applies to the total Contract. No partial sales are contemplated by the parties herein. Within a reasonable time after the date scheduled or required for furnishing of the documents or an event to occur and the document is not delivered or event occurred, the party that was entitled to receive the documents or benefit fi:om the event will notify the other party the documents have not been received or the event has not occurred. If Buyer does not receive the Commitment Documents or access to the Documents or access to the Property for inspection or testing within the Review Period, Seller grants Buyer an extension of the Review Period of two days for each day any of the Commitment Documents or "Documents" are past due or access to the Property was unavailable. For the independent consideration named in this real estate contract, at any time during the Review Period Buyer shall have the unrestricted right to terminate this Contract by giving Seller written notice of termination within the time of the Review Period. In the event Buyer gives notice of termination within the Review Period, the independent consideration will not be reft.reded, however any earnest money will be refunded to Buyer and both parties shall be released from further obligations under this Contract except any obligations incurred to third parties. To terminate this Contract as provided in this paragraph, Purchaser must give written notice thereof on or before the date of the expiration of the Review Period provided herein. If Buyer fails to give such written notice of termination within the period required herein, Purchaser shall be deemed to have elected to waive the right to terminate. C:~DOCUlVI~ 1 \pgenglan~l-OCP&~ 1 \Temp~DENTON--4~IOC 07/17/03 Page 6 of 22 For the purposes of this paragraph time is of the essence, strict compliance with the time for Review Period stated herein is required. CLOSING. The Closing of the sate will be on or before September 30, 2003 at a time and at the office of Fidelity National Title Insurance Company, 1213 Ranch Road 620, Suite 101, Austin, TX 78734 (the Title Company). The Closing Date' may be extended by written agreement of the parties if necessary for Seller to cure title matters or perform any of its obligations under this Contract so tong as all extensions will end on October 30, 2003 and unless amendments are approved in writing by all parties, the contract is null and void unless closed no later than October 30, 2003. A. At the Closing, Seller shall deliver to Buyer: (a) a Deed from the State of Texas (without warranties) in substantially the form shown in the attached and incorporated EXHIBIT "C" conveying the Property, subject only to exceptions previously approved or deemed accepted by Buyer in accordance with paragraph 6; and (b) an Owner's Policy of Title Insurance (the "Title Policy") issued by Title Company at sole cost and expense of the City of Denton, Texas, Buyer, in the full amount of the Sales Price, dated as of the Closing Date, insuring Proposed Assignee's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the usual form of the Title Policy, provided, however; (1) there must be no exception made to rights of parties in possession; and (2) if a survey deletion is obtained, the exception to survey matters must be deleted except for "shortages in area" and endorsed. (c) possession of the property; and (d) deed restrictions as attached hereto as Exhibit "E" which are covenants that run with the land and (e) resolution(s) as appropriate, by the Texas Board of Mental Health and Mental Retardation and by the School Land Board of the State of Texas evidencing Seller's authority to enter into the transactions described herein; and resolution(s) as appropriate, by the City of Denton, Denton, Texas, evidencing Buyer's authority to enter into the transactions described herein and (t) Any other documents required under the terms of this Contract; and C:~DOCUM~I \pgenglan'g_.OCALS- 1 \Temp~DENTON--4.D0 C 03/17/03 Page 7 of 22 Any other document reasonably required by the Title Company or the Buyer to carry out the terms and obligations of this Contract. B. At the Closing, Buyer shall deliver to Seller: (a) Co) the cash portion of the Sales Price; and evidence of Buyer's authorization to consummate this transaction; and (c) any document reasonably required by the Title Company or the Seller to carry out the terms and obligations of this Contract. Buyer shall pay for the title insurance premium for the Title Policy, appraisal fees incurred by Seller herein, all of the escrow fee charged by Title Company and additionally, ail fees and expenses contracted for by Buyer and additionally all fees and expenses customarily paid by Buyer in a commercial real estate transaction. If Buyer is unwilling or unable to pay for costs enumerated in this agreement, either party may terminate this Contract. D. Seller is restricted as to payment of closing costs. Insofar as the law will permit, Seller will pay all normal and customary closing costs incurred by Seller in a commercial real estate transaction except those enumerated above which costs will be paid by Buyer 8. CURRENT USES AND OTHER AGREEMENTS. The Property is presently subject to a lease agreement between the State of Texas, acting by and through the Texas Department of Mental Health and Mental Retardation, as Lessor and the City of Denton, Denton, Texas, a home rule city of the County of Denton, State of Texas as Lessee of which the portion of said lease that includes the Property described herein shall terminate one business day prior to closing. Said Lease shall remain in full force and effect for the remainder of property under the lease agreement that is not included in this transaction. The remainder property shall be subject to the current terms and conditions of said Lease. The intended use for the 2.69 acres of the property is for street purposes. 9. CASUALTY LOSS. If, prior to Closing, any part of the Property is damaged or destroyed by fire or other casualty loss, Seller bears the risk of such loss and Buyer may either terminate this Contract or Buyer may accept the Property in its then existing condition. Seller shall not be obligated to make any repairs to the Property. 10. DEFAULT. If Buyer fails to comply herewith, except under the "Funding Out" provisions of paragraph 2, Seller may terminate this Contract. if Seller fails to comply herewith for any reason, Buyer may (1) terminate this Contract thereby releasing Seller firom this Contract. C:~DOO. JMF~I ~pgenglanXLOCAl_S--1 \Temp~J3ENTON--.4.DOC 07117/03 Page 8 of 22 11. CONI)EMNATION. If any part of the Property is condemned prior to Closing, Seller shall promptly give Buyer written notice of such condemnation and Buyer may either apply the proceeds of any condemnation award on a pro rata basis to reduce the Sales Price provided herein or declare this Contract terminated by delivering written notice of termination to Seller. 12. CONTINGENCIES. This Contract and Seller's performance hereunder is subject to (i) all applicable governing documents agreements and plans in force under provisions of rules and regulations concerning the sale of lands owned by the State of Texas for the use and benefit of the Mental Health Mental Retardation Department, the purchase of such lands by the School Land Board and the sale of such lands by the School Land Board to the Proposed Assignee. It is expressly understood and agreed that Sellers' obligation to close is conditional upon the Sellers and Buyer not being in default or in violation of any such rule or regulation at the time Closing. If there exists such a default at the time of Closing, this Contract shall then become null and void and both parties hereto shall be released of all obligations hereunder. (ii) The Buyer, its successors and assigns shall construct a fence pursuant to standards of material and workmanship agreed to in writing by the Seller herein along the entire most southem boundary of the tract hereby conveyed and Buyer, its successors and assigns shall maintain such fence according to such standards agreed in writing by the Seller Texas Department of Mental Health and Mental Retardation, its successors and assigns. Such standards of maintenance, material and workmanship shall be as agreed in writing prior to closing of this transaction and subject to amendment as agreed by the said Seller and the Buyer from time to time. An amount not to exceed $220.00 per linear foot for such fencing and landscaping will be paid by City. (iii) Reservation by Seller of a gas line easement 8 feet on each side of the center of the existing gas line servicing the Denton State School which easement is to be specified in detail on the survey plat of the property herein conveyed to which plat reference is made. (iv) Granting of a temporary construction and grading easement in favor of the City of Denton for the purpose of reconfiguration by the City of the floodplain area to replace the storm water flow capacity that will be lost due to construction of the proposed road. 13. LICENSE. Seller acknowledges that it may be necessary for Buyer in its effort to construct the fence and drainage improvements on the subject property, to utilize the Seller's adjacent property fi.om time to time for use as a staging area. Buyer's authorization to use Seller's adjacent property shall be as defined in a written agreement between the Parties from time to time. 14. REPRESENTATIONS. In addition to other representations made herein, Seller represents there will be no unrecorded leases against any of the Property on Closing Date except those specified in paragraphs 8 and 12 of this Contract. All representations made in this Contract survive Closing. 15. NOTICES. Any notice or communication required or permitted hereunder will bc deemed to be delivered, whether actually received or not, when deposited in the C:~I)OCUlVlE- 1 \pgenglan~l-,OCAL~'l\Temp~DENTON''4j3OC 07/17/03 Page 9 of 22 United States mil, postage fully prepaid, registered or certified mail, and addressed to the intended recipient at the address directly below, or when hand delivered as evidenced by written acknowledgement thereof. Any address for notice may be changed by written notice delivered as provided herein. Seller: Texas Department of Mental Health And Mental Retardation 909 West 45th Street, 2nd Floor Austin, Texas 79751 Attn: Steve Craddock Phone No. 512-206-4579 Fax No. 512-206-5443 With copy to: Texas General Land Office Director of Real Estate Asset Management Division Stephen F. Austin Building 1700 N. Congress Avenue Austin, Texas 78761-1495 Attn: Bob Hewgley Phone No. 512-463-5013 Fax No: 512-463-5098 Texas General Land Office Legal Services Division Stephen F. Austin Building 1700 N. Congress Avenue Austin, Texas 78701-1495 Attn: Charles W. Richards Phone No. 512-305-9108 Fax No. 512-463-6311 City of Denton City Manager City Hall East 2 t 5 East McKinney Denton, Texas 76205 With copy to: City of Denton Law Departmem Attn: Mr. Ed Snyder 215 E. McKinney Street Denton, Texas 76201 16. INTEGRATION. This Contract contains the complete agreement between the parties and cannot be varied except by a written agreement of the parties, executed by C:~X)CUMF_~I ~pgenglankLOCALS.~l \Tcmp~DENTON--,4X)OC 07/17/03 Page 10 of 22 duly authorized representatives of each party. The parties agree that there are no oral agreements, understandings, representations, or warranties that are not expressly set forth herein. 17. BINDING EFFECT. This Contract is binding upon, and inures to the benefit of the parties hereto and their respective successors, legal representatives and assigns. 18. ASSIGNMENT. Buyer may not assign this Contract without written consent by Seller which consent and approval for assignment is in Seller's sole discretion. 19. STATUTORY AUTHORITY. This Contract is being entered into by Seller pursuant to Section 32.061 and Section 51.052, Texas Natural Resources Code, as amended. At the closing the Commissioner of the Texas General Land Office and Chairman of the School Land Board on behalf of the Permanent School Fund and as approved by the School Land Board, will purchase the Property from the Texas Department of Mental Health and Mental Retardation under the provisions of Section l(g) Acts 1983, 68th Legis, pg 79, Ch. 11, Sec 1 to 3, as amended by Acts 1991, 72nd Leg., Ch. 633, Sec 8, eff Aug 26, 1991 and simultaneously therewith will sell the Property to the City of Denton, Denton, Texas pursuant to Section 51.052(h), Texas Natural Resources Code, as amended. 20. APPLICABLE LAW. All provisions of this Contract must be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Travis County, Texas. 21. LEGAL CONSTRUCTION. If any one or more of the provisions of this Contract are for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or un-enforceability does not affect any other provision hereof and this Contract must be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 22. TIME. Time is of the essence. 23. ENTIRE AGREEMENT. This Contract constitutes the entire agreement between the parties, there being no oral agreements, representations, conditions, or warranties, express or implied, in addition to this Contract. 24. CITY COUNCIL APPROVAL. The Buyer's obligations and performance under this Contract are contingent on approval of this purchase and the provisions of this agreement by the City Council, Denton, Texas. If that governing body denies approval, this Contract shall be void. This Contract is further contingent upon the availability of funds to the City of Denton and designation of such funds for the purposes stated in this agreement and authorized by the Denton, Texas City Council and City Departments as appropriate. C:~DOCUME~I ~pgenglan~LOCALS~l ~Temp~D ENTON'-4.DOC 07/17/03 Page 11 of 22 25. BOARD APPROVAL. The Buyer's obligations and performance under this Contract are contingent on approval of this purchase, sale of this property and the provisions of this agreement by the School Land Board and the Texas Board of Mental Health and Mental Retardation. If either governing body denies approval, this Contract shall be void. This Contract is further contingent upon the availability of funds to the School Land Board and designation of such funds for the purposes stated in this agreement as decided in its sole discretion and authority that not only are the funds available but in their sole discretion, the funds required to close this transaction are designated for the purpose indicated in this agreement. EXECUTED in multiple counterparts by the Seller and Buyer on the dates set forth below. The later date is the Effective Date of this Contract. SELLER: The State of Texas for use and benefit Of the Texas Department of Mental Health and Mental Retardation By Karen F. Hale, Commissioner Date SELLER: School Land Board for use and Benefit of Permanent School Fund by Commissioner of the General Land Office Chairman of School Land Board Witness my hand and seal of Office: By Jerry E. Patterson Commissioner, General Land Office Chairman, School Land Board Date C:'~-*UME~I ~pgcngl an'~LO CALS.--1 \Temp~,DENTON'-4 .DOC 07/17/03 Page 12 of 22 BUYER: City of Denton, Texas ATTEST: JENNIFER WALTERS, CITY SECRETARY By Title Date BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY State of Texas County of Travis Before me the undersigned authority on this day personally appeared Karen F. Hale, Commissioner of the Texas Department of Mental Health and Mental Retardation, known to me to be the person whose name is subscribed hereto and after being duly sworn, acknowledged that she executed the above document for the purposes and consideration therein stated and for the purpose therein stated and as the act and deed of the Texas Department of Mental Health and Mental Retardation. Witness my hand and seal of office this the day of ,2003. Notary Public in and for State of Texas Printed Name of Notary My commission expires STATE OF TEXAS County of Denton Before me the undersigned authority on this day personally appeared , known to me to be the person whose name is subscribed hereto and after being duly sworn, acknowledged that he executed the above document for the purposes and consideration therein stated and for the purpose therein stated and as the act and deed of the City of Denton, Texas. CfiDOCUME~ 1 \pgen glan~LOCALS~I ~Temp~DENTON~'4-DOC 07/17/03 Page 13 of 22 Witness my hand and seal of office this the 2003. day of Notary Public in and for State of Texas Printed Name of Notary My commission expires C:~DOCUMF~ 1 \pgenglan~OCALS~l \Ternp~DENTON"4.DOC 07/17/03 Page 14 of 22 EXHIBIT A PAGE I OF 2 DENTON /:or a £.830 acre tract Dot of the M.E.P. & P. R.R. Survey A-£50 Denton County, Texas REIN6 al/that certain tract, parcel or lot of/and out of the M.E.P. & P. RR Survey A-950 in the City of Denton, Denton County, Texas that is a portion of that tract described by deed recorded in Volume 435, Page 12, Deed Records, Denton County, Texas, and more particularly described as fo/lows: BEG/NE/NE at a five inch wood post found for corner at the northerly northwest corner of the tract described by deed recorded in Volume 435, Page 12, Deed Records of Denton County, Texas and the southwest corner of BRIARCLIF? ESTATES, an addition to the City of Denton, Denton County, Texas accord/nE to the p/at thereof recorded in Volume 6, Page 45, P/at Records of Denton County, Texas; a found one-half inch iron rod found hears, N£2 ~7' E, 54.7 feet: and a one-half inch iron rod found for the north line of Br/ghton Drive bears/1/£2°55'E, 120.8 feet; THENCE: with the south//ne of 8RIARCIlFF ESTATES, N 89° 57' fl§' E; passing iron rods found at 71.1 feet; at 460.2 feet, 0.51eft of#ne; at 720.2 feet/at 785.1 feet; at 849.9 feet; at 1220.7 feet/a 5" wood feflce post found for a re.entrant comer at 1309.9 feeC i# ali a distance of 1309.87 feet to a five inch wood post found for a comer for the southeast comer of ~RIARCIlFF ESTATES; THENCE: S 02° 38' 5£" W, a d/staaco of 474.13 feet to a point for a corner; THENCE: S 8£° 57' O£' W, a #/stance of 37.52 feet to a five-eights inch iron rod set for to the beg/m/nE of a tangent curve to the right having a central ang/e of 18° 13'27"eDda radius of£14.£3 feet; THENCE: with the said curve, an arc distance of 259.08 feet to a five.eights inch iron rod set for the end of said curve; THENCE: N 73° 49' 33' W; passing a fence//ne angle point at 131.8 feet, 81.0/eft of line; passing a fence line angle point at 410 feet, 81.0 left of line; in ali, a d/stance of 810.28 feet to the beginning of a tangent curve to the right having a central angle of 27° 41' 54"and a red/us of 532.96 feet; THENCE: with the said curve, an arc distance of 25765 feet to a five-eights inch iron rod set for corner in the northern west//ne of the tract described by deed recorded in Volume 435, Page I2, Deed Records, Denton County, Texas; from which a one.half/ach iron rod found bears S 02° 42' W, 778.2 feet; a found 5' wood fence post found for a re-entrant comer bears S §2° 48' W, 777.0 feeC THENCE: with the west//ne of the said tract, N §2048, 12'E, a distance of 83.44 feet to the place of beginnbg ~d containing of January & ~.~3. £. 830 acres of land more or less as surveyed by john nalljr rpls # 1970 during the month ~z . _ .... S:~urvey~ffllVe#at~wi#dr. doc "Dedicated to Quality Service' www. cityofdenton.com EXHIBIT A PAGE 2 OF 2 DENTON LEGAL DESCRIPTION For a L [$5 acre tract Out of the M.E.P. & P. R.R. Survey A-B50 Denton County, Texas BEING ail that certain tract, parcel or lot of/and out of the/Y/.E.P. & P. RR Survey A-958 in the City of Denton, Denton County, Texas that is a portion of that tract described by deed recorded in Volume 435, Page 72, Deed Records, Denton County; Texas, and more particularly described as fo/lows: COMMENCING at a five inch wood post found for corner at the northerly northwest corner of the tract described hy dead recorded in Volume 435, Page 72, Seed Records of Denton County, Texas and the southwest corner of B£/ARCZIFF ESTATES, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Volume E, Page 45, Plat Records of Denton County, Texas; a found one-half inch iron rod found bears, N02 ~7' E, 54.7 feet: and a one-half/cch iron rod found for the north I/ne of Brighton Er/va hears IV 02°55'E, 120.8 feet; THENCE: with the south//ne of 8RIARCIlFF ESTATES, Al 8£° 57' 00" E; passing iron rods found at 71.1 feet; at 460.2 feet, 0.5/eft ell/fie; at 720.2 feeC at 785. l feeC at 849.9 feeC at 1220.7 feeC a 5" wood fence post found for a re-entrant corner at 1309.9 feet; in ali a d/stance of 1414.27feet to a five.eights inch iron rod set for a corner in the east line of the tract described by deed recorded in Volume 435, Page 12, Deed Records of Denton County, Texas, for the POINT OF 8EGi~I~G: THENCE: with the east//ne of the said tract, S 02° 36' 50" VY,, a distance of 474.53 feet to a five-eights inch iron rod set for a corner; from which a old one-haft inch iron rod found bears S 02 ° 28' 50" W, 2516.2 feeC THENCE:/eavin# the said east//ne, S 89° 57' 00" W; pass/fig the center/ina of State School Road at 28 feet; passing a wire fence at 103 feet; in alia distance of 104.38 feet to a point for a corner; THENCE: N 02° 38' 50' E, a d/stance of 474.13 feet to a 5' wood post found for the southeast corner of B[IIAIICLIFF ESTATES; THENCE: with the said add/t/on line, N 89° 57' 00' E, a d/stance of 104.40 feet to the p/ace of beginning and containing 1.135 acres of land more or less as surveyed by john nalljr rp/s II 1970 during the month of January & February 2003. $:tsurveyV'~jVe#ehwi,#r.#oc "Dedicated to Quality Service" www.cityofdenton.com EXHIBIT B PAGE 1 OF 2 DENTON For a 2.497 acre tract Out of M.E.P. & ?, B.R. Survey A-g5£ £e~to~ County, Texas BRINE all t~at ce~a/n trace parcel er lot ~f /afl¢ out of the M.E.P. & P. ~ Eurvey ~-EE8 iff the City of ~enton, Denton E~unty, Texa~ that po~iofl of that tract described ~y ~eed re~rded /n Volume 43~ ~aEe 12, Reed Records, Benton Eouflty, Texas, an¢ more pa~icular/y ~e¢cr/ba~ follew~: CO~E~EIE8 at a f/re inch wo~d post found f~r c~rnef at the ned~er/y flo~hwest corner of the tract ~escr/~e~ by ~ee~ recor~e~ ifl Volume PaEe 12, Bee~ Records of EenWn County, Texa~ and the ~outhwest corner of BRI~R~I/FF ESTATES, afl a~iti~fl to the E/ty of Befltefl, County, Texa~ accor~E to t~e p/at thereof recerde~ /n Volume 8, Page 45, P/at Records of Denton County, Texas; a feun~ one.~alf inch iron rod foun~ ~ear$, CO2 ~ 7' ~ 54. 7 feet: and a ~ne-ha/f inch iron ro~ found for the north line of Br/E~tofl Brive hears E E2 ~ 55~ 12O.8 feet; TEEEEE: w/th the west//fie of the ~a/~ tract, ~ ~2°48' 12" ~ a d/stance of 83.44 feet to the ~B/ET OF TEEEEE: wit~ a curve to t~e /eft, havin~ a central afl~le of 27°41'54" and ~ ra~/us of 532.98 feet, an arc distance of 25ZSE feet; and center bears E 43~ 52' 21" ~· ~EEEEE: S 73~' 33" ~ a d/stance of 810.28 feet to a f/~e-ei~hts /nc~ iron rod set for corner/fl the heg/nfliflg of a tanEent curve to the/eft havinE a central anE/e of I 6 ~ i 3' 27" afl~ a radius of E 14. E3 feet; TEEEEE: w/th the ¢ai~ cur~e, an arc distance of 25~.~ feet to a f/ve.ei~t$ inch iron roE ~et for the en~ of the ~a/~ curve; ~EEEEE: E 8E~57' EO"~ a d/stance of 3Z52 feet to a five.eiEhts inch iron ro~ set f~r a corner; TEEEEE: E E2 ~E' Eft' ~ a d/stance of EO. O9 feet to a five.e/Ehts inch iron ro~ set for a comer; ~EEEEE: S EB° 57' BO" ~ 33.88 feet to a f/ye-elECts inch iron rod ~et for the beE/nfl/ng of a tanEent curve t~ the right hadnE a central aflEle of ~8° 13'27" a~d a radius of 994.~3 feeC ~EEEEE: w/th the ~a/d ~urve, an arc ~/stance ~f 281.73 feet to a five-e/Ehts /flc~ iron ro~ ~et for t~e end of sa/~ curve; ~EEEE~' · 73° 4E' 33" ~' pass/nE a fence line anEle point at 131.8 feet, LO/eft of//fie; pass/nE a fence l/ne angle po/fit at 41O feet, 1.8/eft of //fie//fl all a ¢istance of 81O.26 feet to the beE/nfl/nE of a taflEeflt curve to t~e r/Eht havifl~ a central anEle of 13° 58' 4E" and a radius of TEEECE: wit~ t~e said curve, ~ arc distance of 149.56 feet to a five.eights ioe~ iron rod set for comet TEEECE: 83~00g'16'' ~ a ~istaoce of 148,7g feet to a five.eights beh iroo rod set for a comer io t~e oortham west li~e of the tra~t described by deed recorded b Volume 43& P~ge 12, B~ed Records, Benton ~ounty, Texas; from which a one-half/rich iron rod found bears $ 02° 41' ~ 876.9 feet; a foundS" wood feflce post foond for a re-entmflt coroer bean S g2~ 46' ~ 675.6 feet; THE~EE: with the west line of the said tract, · O2°4E' 12" ~ a distance of 274.78 feet to the place 497 acres of land more or less as ~urveyed by john nail jr rpls ~ lETO during the month of January & February g:~at~y~lVo~Rwiodr.~oc "Dedicated to Quality Service" ~.ci~ofdenton.com EXHIBIT B PAGE 2 OF 2 DENTON LEGAL DESCRIPTIOAI For a O. iD2 acre tract Out of the M.E.P. & P. R.R. Survey A-950 Denton County, Texas BEING all that curtain tract, parcel or lot of land out of the M.E.P. & P. fir Survey A.9§8 in the City of Denton, Denton County, Texas that is a portion of that tract described by deed recorded in Volume 435, Page 12, Deed Records, Denton County, Texas, and more particularly described as follows: £OMMEN£1EG at a five inch wood post found for corner at the northerly northwest corner of the tract described by deed recorded in Volume 435, Page 12, Deed Records of Denton County, Texas and the southwest corner of BE/ABEL/FY ESTATES, afi add/t/on to the City of Denton, Denton County, Texas according to the plat thereof recorded/fi Volume 5, Page 45, Plat Records of Denton County, Texas; a found one-half/f/ch iron rod found bears, N£2 ~37' E, 54. 7 feet: and a one-half inch iron rod found for the north line of Bri#hton Drive bears Al £2°§§'£ 12£.B feet; TItEIV£E: with the south//ne of BIII,~iICIlFF EST,~TES, N 89° 57' §0" ~' passing iron rods found et 7L 1 feet; at 4~.2 feet, 0.51eft of line; at 720.2 feet; at 785.1 feet; at 849.9 feet; at 1220.7feet; a 5' wood fence post found for a re-entra~t corner et 1309.9 feeC iff all a d/stanco of 141427feet to a five.eights inch iron rod set for a corner iff the east line of the tract described by deed recorded in Volume 43~ Page I2, ~eed Records of Denton County, Texas; THENCE: with the east//fie of the said tract, S 02© 35' 50' W, a d/stance of 434.53 feet to a five-eights inch iron rod set for a corner; for the PO/ET OF BEG/NE/NE: from which a old one-half if/ch iron rod found bears S 02© 25' 50" W, 2516.2 feet; TEEE£E: continuing with the east line of the said tract, S 02© 35' 50" W, a d/stance of 80.09 feet to a five-eights inch iron rod set for a corner; TIIENEE: leaving the said east//fie, S 89° 57' 00' W; passing the center/ina of State School Road at 28 feet; pass/fig a wire fence at 103 feet; iff a/la d/stanco of 104.38 feet to a point for a comer; THENCE: N 02 o 38' 50'E, a d/stance of 80.0£ feet to a point for a corner; TIYEECE: with the said add/t/on//ne, N 89° 57' 00' E, a d/stance of 104.38 feet to the p/ace of beg/f/f/icg arid contain/fig 0.192 acres of land more or less as surveyed by john nalljr rpls # 1970 during the month of January & February 2003. S:~urvey~/ntVe#attwin#r,#oc "Dedicated to Quality S~rvice'' www.cityofdenton.com EXHIBIT "C" DEED WITHO[~ WARRANTY STATE OF TEXAS COUNTY OF DENTON KNOW ALL BY THESE PRESENTS That the STATE OF TEXAS, on behalf of the PERMANENT SCHOOL FUND, by and through JERRY E. PATTERSON, Commissioner of the General Land Office of Texas and Chairman of the School Land Board, as GRANTOR, by virtue of the authority vested in it by the terms of the TEXAS NATURAL RESOURCES CODE ANNOTATED Section 51.052(h), for and in consideration of Four-Hundred and Nine Thousand and No/100 Dollars ($409,000.00) the receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY unto the CITY OF DENTON, TEXAS whose mailing address is City of Denton, City Hall East 601 E. Hickory, Suite B, Denton, Texas 76205 the following described Permanent School Fund Land in the City of Demon, Denton County, Texas to-wit: (the "Property") Tract One. A parcel of land not to exceed 10.965 acres out of an being a part of that 201.38 acres of land deeded to the State of Texas by Alfred F. Sellmeyer and wife Barbara F. Sellmeyer as shown by that deed recorded in Volume 435 Page 12 Real Property Records of Denton County, Texas, said 10.965 acres situated in the City of Denton, County, Texas described as shown in Exhibit "A" attached hereto and made a part hereof to which reference is made for further description. Approximately 1.135 acres of Tract One lies within State School Road right-of-way. Tract Two. A parcel of land not to exceed 2.689 acres out of an being a part of that 201.38 acres of land deeded to the State of Texas by Alfred F. Sellmeyer and wife Barbara F. Sellmeyer as shown by that deed recorded in Volume 435 Page 12 Real Property Records of Denton County, Texas, said 2.689 acres situated in the City of Denton, County, Texas described as shown in Exhibit "B" attached hereto and made a part hereof to which reference is made for further description. Approximately 0.192 acres of Tract Two lies within State School Road right-of-way. TO HAVE AND TO HOLD the above-described premises, together with all and singular the rights, improvements and appurtenances thereto in anywise belonging C:'J3OCUMF_,--1 \pge'nglanXl~OCALS-'l \Temp~,DENTON''4.DOC 0'H17103 Page: 17 of 22 unto the said Grantee, its successors and assigns, provided however, that all oil, gas and other minerals, mineral rights, royalty interests and development rights are reserved to State of Texas for use and benefit of TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, except however, use of the surface for drilling purposes is prohibited and harvesting or developing the reserved interests shall be off site drilling to explore for, drill and harvest the minerals reserved. This conveyance is made subject to all covenants, conditions, reservations, restrictions, rights of way, easements, and leases, if any, that are valid, in existence, and of record or created by this deed. Specifically the Property conveyed by this deed is subject to the following covenants and restrictions: 1. Easement for right of way granted to City of Denton, by Denton State School, by instrument dated June 20, 1985, filed March 26, 1986, recorded in Volume 1848, Page 720, of the Deed Records of Denton County, Texas Easement for right of way granted to City of Denton, by Texas Department of Mental Health and Mental Retardation, by instrument dated August 18, 1998, filed September 1, 1998, recorded in Volume 4166, Page 215, of the Deed Records of Denton County, Texas. Easement for right of way granted to GTE Southwest Incorporated, by State of Texas, Texas Dept. of Mental Health and Mental Retardation, by instrument dated April 12, 1990, filed April 17, 1990, recorded in Volume 2765, Page 151, of the Deed Records of Denton County, Texas. Easement for reuse water granted to City of Denton by Denton State School by and through the Texas Department of Mental Health and Mental Retardation, by instrument dated June 24, 2002, filed January 21, 2003, filed January 21, 2003, recorded in Volume 5255, Page 1970 of the Deed Records of Denton County, Texas. Easement for public utility granted to City of Denton by Denton State School, by and through the Texas Department of Mental Health and Mental Retardation by instrument dated June 24, 2002, filed January 21, 2003, recorded in Volume 5255, Page 1962 of the Deed Records of Denton County, Texas. o Any portion of subject property lying within the right of way of any road, public or private. Rights of tenants in possession, as tenants only, under any unrecorded leases or rental agreements o The TDMHMR is a state agency with the mission to include the promotion ora healthy and safe environment for its employees, consumers C:'tDOCUME~ 1 ~genglan',J.X) CAL S-- 1 \Temp'~DENTON~4.DOC 07t17/03 Page 18 of 22 o and visitors to the TDMHMR facilities, and the protection of the future value and use of adjoining TDMHMR properties. The following restrictions as to use of the tracts or any part thereof; conveyed hereby shall be restrictions that constitute a covenant running with the land and for the benefit of the TDMHMR. The Grantor reserves and retains the right to enforce the restrictions in any manner provided by law. These restrictions can be modified, abolished or changed only with the written permission of the TDMHMR. The property shall not be used for any purpose that constitutes a common law nuisance to include but not limited to offensive odors, dust, litter, noise or sounds which are materially objectionable to reasonable people, or which creates unreasonable risk of fire, explosion or other hazards of damage to property or No establishments such as taverns, bars, liquor stores or other establishments that derives more than fi~y (50%) percent of its monthly gross receipts fi.om the sale of alcoholic beverages shall be pe~-mitted on the property. No establishments selling paraphernalia for use with illegal drugs shall be permitted on the property. dj No tattoo shop, massage parlor, sexually oriented or adult only business, including bookstore or video store renting, selling or exhibiting pornographic materials. No shooting ranges or establishments that sell guns, ammunitions or other goods associated with firearms shall be permitted on the property. No junkyard, stockyard, scrap yard or salvage yard shall be perniitted on the property. go No automobile, truck, trailer or recreational vehicle sales, leasing, display or repair facility shall be permitted on the property. No wholesale warehouse or storage facility, including storage units shall be permitted on the property. A gas line easement 10 feet on each side of the center of the existing gas line servicing the Denton State School which easement is to be specified in detail on the survey plat of the property herein conveyed to which plat reference is made.. C:~,DOCUME-.1 \pgenglan~OCALS~l \Temp~DENTON--4.DOC 07/17/03 I~¢ 19 of 22 10. A temporary construction and grading easement in favor of the City of Denton for the purpose of re¢onfiguration by the City of the floodplain area to replace the storm water flow capacity that will be lost due to construction of the proposed road. T[[IS DEED IS MADE AND ACCEPTED WITHOUT ANY WARRANTIES WI:IATSOEVEI~ EXPRESS OR IMPLIED, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT MIGHT ARISE BY COMMON LAW OR BY THE PROVISIONS OF SECTION 5.023, TEXAS PROPERTY CODE, AS NOW WRITTEN OR HEREINAFTER AMENDED. Witness my hand and seal of office this the ~ day of ,2003.. The STATE OF TEXAS on behalf of the PERMANENT SCHOOL FUND JERRY E. PATTERSON, COMMISSIONER TEXAS GENERAL LAND OFFICE and CHAIRMAN OF THE SCHOOL LAND BOARD This deed with all its terms and provisions is hereby accepted. CITY OF DENTON, TEXAS By: Date: APPROVED: C:~0CUME-I\pgevElan~LOCALS-I\Temp~DENTON~4-DOC 07/17/03 Page 20 of 22 EXHIBIT "D" EXCEPTIONS TO DEED WITHOUT WARRANTY FROM STATE OF TEXAS TO CITY OF DENTON To be Attached as Exhibit "C" to Deed Without Warranty EXCEPTIONS This conveyance is made subject to all covenants, conditions, reservations, restrictions, rights of way, easements, and leases, if any, that are valid, in existence, and of record or created by this deed. Specifically, the Property conveyed by this deed is subject to the following covenants, easements and exceptions: Easement for right of way granted to City of Denton, by Denton State School, by instrument dated June 20, 1985, filed March 26, 1986, recorded in Volume 1848, Page 720, of the Deed Records of Denton County, Texas 10. Easement for right of way granted to City of Demon, by Texas Department of Mental Health and Mental Retardation, by instrument dated August 18, 1998, filed September 1, 1998, recorded in Volume 4166, Page 215, of the Deed Records of Denton County, Texas. 11. Easement for right of way granted to GTE Southwest Incorporated, by State of Texas, Texas Dept. of Mental Health and Mental Retardation, by instrument dated April 12, 1990, filed April 17, 1990, recorded in Volume 2765, Page 151, of the Deed Records of Denton County, Texas. 12. Easement for reuse water granted to City of Denton by Denton State School by and through the Texas Department of Mental Health and Mental Retardation, by instrument dated June 24, 2002, filed January 2 t, 2003, filed January 21, 2003, recorded in Volume 5255, Page 1970 of the Deed Records of Denton County, Texas. 13. Easement for public utility granted to City of Denton by Denton State School, by and through the Texas Department of Mental Health and Mental Retardation by instrument dated June 24, 2002, filed January 21, 2003, recorded in Volume 5255, Page 1962 of the Deed Records of Denton County, Texas. 14. Any portion of subject property lying within the right of way of any road, public or private. 15. Rights of tenants in possession, as tenants only, under any unrecorded leases or rental agreements CfiDOCIJMF_~I XpgonglankLOCALS,q \TempV)ENTON--4.DOC 07/17/03 Page 21 of 22 EXHIBIT "E" RESTRICTIONS TO DEED WITHOUT WARRANTY FROM STATE OF TEXAS TO CITY OF DENTON To be attached as Exhibit "D" to Deed Without Warranty RESTRICTIONS The TDMHMR is a state agency with thc mission to include the promotion of a healthy and safe environment for its employees, consumers and visitors to the TDMHMR facilities, and the protection of the future value and use of adjoining TDMHlvIR properties. The following restrictions as to use of the tracts or any part thereof, conveyed hereby shall be restrictions that constitute a covenant running wkh the land and for the benefit of the TDMHMR. The Grantor reserves and retains the right to enforce the restrictions in any manner provided by law. These restrictions can be modified, abolished or changed only with the written permission of the TDMHMR. The property shall not be used for any purpose that constitutes a common law nuisance to include but not limited to offensive odors, dust, litter, noise or sounds which are materially objectionable to reasonable people, or which creates unreasonable risk of fire, explosion or other hazards of damage to property or persons. o No establishments such as taverns, bars, liquor stores or other establishments that derives more than fifty (50%) percent of its monthly gross receipts from the sale of alcoholic beverages shall be permitted on the property. o No establishments selling paraphernalia for use with illegal drugs shall be permitted on the property. No tattoo shop, massage parlor, sexually oriented or adult only business, including bookstore or video store renting, selling or exhibiting pornographic materials. No shooting ranges or establishments that sell guns, ammunitions or other goods associated with firearms shall be permitted on the property. No junkyarc[, stockyard, scrap yard or salvage yard shall be permitted on the property. No automobile, truck, trailer or recreational vehicle sales, leasing, display or repair facility shall be permitted on the property. No wholesale warehouse or storage facility, including storage unks shall be permitted on the property. C:q2IOCUMF~I ygenglan~LOCALS,--1 \T~-np~DENTON-..4.DOC 07/17/03 Pag, 22 of 22 / / / AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 22, 2003 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a contract for an Electrical Utility Easement consisting of 1.11 acres, being part of Section 3, Tract 6 conveyed to Rayzor Investmems, Ltd. by deed recorded in Volume 1796, Page 601 of the Real Property Records of DeNon County, Texas, said property being located in William Neill Survey, Abstract No. 970, DeNon County Texas; authorizing the expenditure of funds therefore; and providing an effective date. (West DeNon Electric Project) BACKGROUND The City of DeNon is in the process of acquiring easemem and real property for the DeNon West Electrical Utility project. This electrical project is designed to greatly increase the electrical capacity. The subject parcel allows for a unimerrupted electric easemem along the western edge of Corbin Road and further allows for a crossing poim over Airport Road (FM 1515). OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE DeNon West Electrical Utility project to be initiated upon possession of necessary parcels, Estimated in September, 2003. PRIOR ACTION/REVIEW None FISCAL INFORMATION An appraisal of the subject property was performed by Appraisal, Brokerage & Consulting Company indicating a value of $20,088.00 for the 0.72 acre electric easemem. 0.72 acre X $37,200/acre X 75% easement interest = $20,088.00 Furthermore, the appraisal indicates a damage amount of $5,654.00 in addition to the easement value. The damages are for loss of landowner utility of an existing 0.152 acre utility easement along Airport Road that will be cut off from the remainder of the property by the electric easement. 0.152 acre X $37,200/acre X 75% easement interest = $5,654.00 $20,088.00 + $5,654.00 = $25,742.00 total compensation amount. Closing fees will be an estimated $1,500 additional. ATTACHMENTS Location map Draft ordinance Exhibits Prepared By: Respectfully submitted: Tod J. Taylor Real Estate Specialist Charles Fiedler, Director Engineering Department S:\Our Documents\Ordinance.s\03\West Denton Electhc Project Ord. doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT FOR AN ELECTRiCAL UTILITY EASEMENT CONSISTING OF 1.11 ACRES, BEING PART OF SECTION 3, TRACT 6 CONVEYED TO RAYZOR INVESTMENTS, LTD. BY DEED RECORDED IN VOLUME 1796, PAGE 601 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, SAID PROPERTY BEING LOCATED IN WILLIAM NEILL SURVEY, ABSTRACT NO. 970, DENTON COUNTY TEXAS; AUTHORIZING THE EXPENDITURE. OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (WEST DENTON ELECTRIC PROJECT) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to purchase a electric utility easement in substantially the form of the Electric Utility Easement which is attached hereto and made part of the ordinance for all purposes regarding the Denton West Electric Utility Project. SECTION 2. The City Manager or his designee is hereby authorized to make the expenditures in the amount of the purchase price of $25,742.00 for the Easement. SECTION 3. 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 ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THAT RAYZOR INVESTMENTS, LTD., a Texas limited partnership ("Grantor"), for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, a municipal corporation, which is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201 ("Grantee"), has granted, sold and conveyed and by these presents does grant, sell and convey unto Grantee an easement and right of way (collectively, the "Easement") for the purpose of erecting, operating, maintaining, and servicing thereon one or more electric power and/or communication lines, each consisting of a variable number of wires, cables, and all necessary or desirable appurtenances, attachments and complete supporting s~ructures, including foundations, guy wires and guy anchorages, and structural components (collectively, the "Lines") in, on, over, under, and across that real property situated in Denton County, Texas, and more particularly described in Exhibit "A" and illustrated in Exhibit "B" (the "Easement Property"), attached to and incorporated into this document by reference. Grantee shall have the right to construct, operate, improve, reconstruct, increase or reduce the capability, repair, relocate, inspect, patrol, maintain or remove such Lines within such Easement (collectively, the "Permitted Uses") as Grantee may from time to time find necessary, convenient or desirable to erect thereon and all rights necessary or convenient for full use of the above grant, including reasonable access over, across and upon the above referenced Easement Property to the extent such access does not materially affect Grantor's use of such Easement Property as permitted herein. Grantee shall have no right to fence or enclose such Easement Property or to use it for any purpose other than the Permitted Uses set forth above. Grantor, for itself and its successors and assigns, expressly reserves the fight to occupy and use the above described Easement Property for all other purposes that will not materially interfere with the Grantee's full enjoyment of the Permitted Uses and its exercise of its rights hereunder, including without limitation (i) the fight of passage over the Easement Property, (ii) the right to use the surface of the Easement Property for parking, driveways, sidewalks, and landscaping and (iii) the right, but not the obligation, to erect or maintain fences not more than 8 feet high across such Easement Property, provided that gates or openings 12 feet wide or more are installed therein (collectively, "Grantor Facilities"), to provide Grantee reasonable access to all parts of such Easement Property; provided further that all such Grantor Facilities shall be properly grounded in accordance with electrical industry standards and shall be so constructed as to maintain minimum clearances from Grantee's Lines as required by applicable laws. Grantor acknowledges the Easement is exclusive so as to exclude all other utility providers from using the Easement Property unless Grantee's prior written consent to such utility provider or providers is obtained; provided, however, the Easement is non-exclusive as to Grantor's right to otherwise use the Easement Property so long as such use does not unreasonably interfere with Grantee's Permitted Uses and its rights hereunder. Grantee acknowledges that such other utility providers will be permitted, with Grantee's written consent, to construct, operate, maintain, repair, replace and remove their respective utilities in, on, over, under, and across the Easement Property perpendicularly or as otherwise permitted by Grantee in writing in such manner as not to interfere with Grantee's Lines. Grantee, at Grantee's sole cost and expense, shall have the right to trim or remove trees and shrubbery on the Easement Property to the extent necessary, in the reasonable judgment of Grantee, to prevent possible interference with the operation of such Lines or to remove possible hazards thereto, together with the right to put gates in existing fences within such Easement Property; provided further that Grantee shall promptly remove from the Easement Property tree limbs, cuttings and other debris resulting from Grantee's operations or occupancy of the Easement Property pursuant to its rights under this Easement. The Easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW as to the condition or suitability of the Easement or the Easement Property for Grantee's Permitted Uses hereunder. Grantor and Grantee acknowledge and agree that at the execution date hereof, no buildings or structures exist on the Easement Property. Grantee shall have the right to prevent the construction of buildings, structures, signs or obstructions on the Easement Property, and if any such buildings, structures, signs or obstructions are hereafter constructed or permitted by Grantor to exist within the Easement Property without prior written consent of Grantee, then Grantee shall have the right to remove the same and Grantor agrees to pay to Grantee the reasonable actual cost of such removal. The payment of consideration herein made includes any damage or loss to crops sustained in the future by Grantor resulting from the Grantee's construction, reconstruction, repair, replacement, operation, maintenance or servicing of the Lines in accordance with the terms of the Easement. The Easement shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns. The rights hereby granted may not be assigned, either in whole or in part, without Grantor's prior written consent, which consent shall not be unreasonably withheld. TO HAVE AND TO HOLD the above Easement unto Grantee, its successors and assigns, and Grantor hereby warrants and forever agrees to defend the above described Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, and not otherwise, subject, however, to the rights of the owner or owners of any existing easements or other encumbrances affecting the Easement Property herein described. EXECUTED this __ day of ,2003. Rayzor Investments, Ltd,, a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: Philip A. Baker, Vice President ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on this the __ day of _, 2003 by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public- State of Texas My commission expires Accepted this ~ day of (Resolution No. 91-073). ,2003 for the City of Denton, Texas By: Paul Williamson Manager, Real Estate & Capital Support After recording, return to: City of Denton City Hall East - Engineering 601 East Hickory Street, Suite B Denton, Texas 76205 Attention: Paul Williamson PA12CEL 5 P~¢el 5 EXHIBIT "A" Being olt that certain let, Tract or parcel of land siLuo~.ed in the W. Ne~l Survey, ^bstroe! Number gTO irt DnhtOn County, T~xa~, and being par~ of that certain iroct of land coiled Section ~, Troc~ Six, descr bed In deed to Rayzor Inv~stmenis, Ltd. r~corded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more porUcurorly described os follows: BEGINNING ~[ the Southeast cornet o~ the herein described [~cL Q[ a 5/8 inch iron tod found in the E~st IJ~e o~ the W. ~eil Survey, Abstract Number 970 and in [he Wes[ line oF Ute R. Chown~ng Survey, Abstract Number 266, e~d being [n or near the center of an aspha~( road under ~ppare~t public use pos(ed as Corbin Road, nor th~ Southeast corner of said Royzor tract, some being the Nor(neas~ corner of o tract of fond described in the deed to John Dee App[eby, TrusLee, as recorded in Volume 2549, Page 277, Real Proper~ Recordp, Oenton County, Texo~; TNENCE North 88 degrees 52 minutes 2g seconds West with th~ North line thereo~ anti the South fine of said Royzor tract, o distance o~ 87.58 feet to o poln~ for the Southwest corner o¢ the herein d¢scr[bed THENCE North O0 degree~ 3~ minutes 1~ seconds East porall~J wi(h (h¢ East line o( said Rayzor tract, a distance of 506.75 fcct to a print for THENCE North 88 degrees 45 mlnu~e~; 15 seconds Wes~ ~ d~stonce of 588.~7 feet to a point for corner; THENCE North O1 degrees 50 minutes &3 seconds East a distance gf 46.05 feet (o o point in the So'th righL-of-wgy bine of Airport Rood (Farm-to-Market ~515) end in thc North I;ne of said Rayzo~ tract, for North'~est corner of the he(mn described tract; THENCE South 88 degrees 45 minutes 15 seconds East with the North IIn~ of s~id Rayzor tract a d¢s~ance of 40,00 feet to o point for corner; THENCE South 01 degrees 50 rn~nu(es 44 seconds West ~ distaqce of 16.00 feet to o point for corner; THENCE South 88 degrees 45 minutes 15 seconds E~st a distance of 41~.77 feet to o point Tn or near the canter of Corbin Ro~d for tho Northeast corner of the herein described tract, same being Lne Northeast corner 0¢ said Royzor tract; THENCE South O0 degrees 25 m[nutes 55 seconds West along and near the centerline oF Corbin toad, a distance of 556.60 fee~ to the POINT OF BEGINNINO and containing approximately 1,!l acres of land more or less of which 0.~9 acre~ lie3 in the road. This Plot correctly represents the results o¢ o~ o~-the-ground survey under m2 direction an~ supervision om I)6-1S-01. There cr~ ne visible or apparent in(Fusions, protrusions or easements except as show~ hereon, KENNE~ A, ZEI_LI~ER R.P.L,S. No 5312 Dote NOfE: Survey ~6~o based upon O.P,S. obsarvo~ons. P.O. E~( 507 KRUg/. TX 78249 (9401482-6723 xy~,ZZt~ ~' z?m,~ Exhibit B EXHIBIT 5 .~. : c t ...... ~ r',~, ~15, ~ [ RAYZOR 5ECTI~N 3, tRACT SIX CORBIN ~" = 80' '~" LEGEND e~ - ~u~t~ [t~c~c ~S~ 60 N 00'31'1~"E 506.73' m/c~ - ~/z" ~R~ ~ sn w/c~ 61 N ~8'45'13"W 388.17' FCP- ~t~C~Co~ ~osr 62 ~1 0~'50'43"~ 46.05' P.L - PRe~w u~E 6& S 88'45'13"E 40.00' u.[, - u~u~ ~*s[u[~t 6~ n.o.w., m~r or w~ AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: July 22, 2003 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an Ordinance abandoning and vacating a portion of a sewer line Easemem from J. Newton Rayzor to the City of Demon, as recorded in Volume 514, Page 581 of the Real Property Records of Denton County, Texas, being a part of the E. Puchalski Survey, Abstract No. 996; and providing an effective date. BACKGROUND City crews have recently completed improvements to an existing drainage channel that runs across the Rayzor property located on west side of Bonnie Brae Street just south of 1-35. At the City's request the property owner executed a new easement to replace the abandoned easement area allowing us to relocate the sewer line. This has allowed the City to improve the drainage in the surrounding area by increasing the width and depth of the existing drainage channel and installing larger box culverts in Bonnie Brae Street. Staff recommends approval of the Ordinance. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the Ordinance. ESTIMATED PROJECT SCHEDULE Complete PRIOR ACTION/REVIEW None FISCAL INFORMATION N/A ATTACHMENTS Location map Draft Ordinance Quit Claim Deed Exhibits (Survey and Legal Description) Prepared By: Pamela G. England Real Estate Specialist Respectfully submitted: Director Engineering Department 190 Location Map 95 0 190 Feet ORDINANCE NO. AN ORDINANCE ABANDONING AND VACATING A PORTION OF A SEWER LINE EASEMENT FROM J. NEWTON RAYZOR TO THE CITY OF DENTON, AS RECORDED IN VOLUME 514, PAGE 581 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING A PART OF THE E. PULCHALSKI SURVEY, ABSTRACT NO. 996; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from the underlying fee simple owner for the abandonment of a portion of that certain sewer easement from J. Newton Rayzor to the City of Denton, as recorded in Volume 514, Page 581 of the Real Property Records of Denton County, Texas (the "Existing Easement") said portion to be abandoned being particularly described and depicted in Exhibits "A" and "B" attached hereto and made a part hereof by reference (the "Abandoned Easement Area); and WHEREAS, the City of Denton Engineering Department has reviewed the Abandoned Easement Area and determined that this easement area is not needed for future sewer purposes; and WHEREAS, the underlying fee owner has granted replacement easements to the City of Denton for sewer facilities which have a greater or equal fair market value then the Abandoned Easement Area; and WHEREAS, the City Council hereby finds and determines that the Abandoned Area is not needed for sewer easement purposes and it is in the public interest to abandon the Abandoned Easement Area and the City's interests therein to the current underlying landowner ("Current Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The recitations and findings contained in the preamble of this ordinance are incorporated herein by reference. SECTION2. The Abandoned Easement Area is vacated and permanently abandoned as a sewer easement. That portion of the Existing Easement not included within the Abandoned Easement Area will remain in full force and effect. SECTION 3. The interests of the City of Denton in the Abandoned Easement Area are hereby quitclaimed and released and will revert to the fee simple owners as provided by law. A certified copy of the ordinance may be recorded in the Denton County Real Property Records. The City Manager or his designee is authorized to execute and deliver to the fee simple owner a quitclaim deed quitclaiming all of the City's fight, title and interest in and to the Abandoned Easement Area. SECTION4. 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: Page 2 QUIT CLAIM DEED THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THAT the City of DeNon, Texas, a municipal corporation of the County of DeNon, State of Texas (the "Grantor"), in consideration of the sum of One Dollar and No CeNs ($1.00) and other good and valuable consideration in hand paid by J. Newton Rayzor (the "GraNee"), the receipt of which is hereby acknowledged, does by these preseNs, QUiT CLAIM uno GraNee, its successors and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of DeNon and State of Texas, described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and made a part by reference (called the "Property"). TO HAVE AND TO HOLD all of GraNor's right, title and iNerest in and to the Property unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or assigns shall have, claim or demand any right or title to the Property or appurtenances or any part thereof. Witness my hand, this the __ day of ., 2003. CITY OF DENTON, TEXAS By: Michael A. Conduff City Manager ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrumeN was acknowledged before me on Michael A. Conduff, City Manager, City of Denton. ,2003 by Notary Public, in and for the State of Texas. My Commission Expires: EXHIBIT B Pegs 581 ,d¢ .... _ _ , PoOoC. J~ lFnd. wood. bollard N.£ Cms 100.25 ac. ,L Neq~oa Rayzor traot I I Royzor Investments, Ltd. Volume 1796 Page 601 10' Sanitary Sewer Esmt, Volume 514- Page 581 0,23 ac, sanitary sewer easement to City of Denton (Vol ...... page .... ) Rayzor Investments. Ltd, Volume 1796 Page 601 0.11 ACRES.~-°¢ 50 1 O0 200 SCALE: 1" = 100' NOTES: 1. ~eorings ore based on the Texas State Plane Coordinate System, North Central Zone (NAD83), os determined by G.P.S, 2. Integral ports of [his survey:. O. Field Notes b, Sketch ! (t796/eol) ~ · l~lock A °,?.oI Add. cat.~'~ristion.~~ San. Sewer Easement ~,o,-. to be abandoned // Situated in ~he Eugene Pucholski Survey, ( Abstract No. 996, Denton Coun[y, Texas Prepared By: June 25, 200.3 Date: I tO0 Macon Streel Fort Worth, Texas 76102 (817) $$6-5773 JOB NO. DEN02309 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET July 22, 2003 Engineering Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance abandoning and vacating a portion of a sixteen foot wide drainage and utility easement affecting Lot 4, Block 2 of Southmont Place, an addition to the City of Denton according to the plat thereof which is located in the C. Poulallier Survey, Abstract No. 1006, and declaring an effective date. BACKGROUND When the area was originally platted a drainage & utility easement was granted. Upon replatting the tract an attempt was made to abandon this easement area but the wording was unclear. In an attempt to clarify this issue, it was decided to formally abandon the drainage & utility easement by separate instrument and retain a small portion in order to serve the properties to the south with utilities in the future. The property is currently on the cusp of being developed and therefore the reserved easement area is slated to allow for surface use, more specifically a driveway, by the property owner. The City has no current use or future need of the proposed abandonment tract. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION The Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE August 2003 PRIOR ACTION/REVIEW None FISCAL INFORMATION None ATTACHMENTS Location map Draft ordinance Prepared By: Denise M. Perez Technical Assistant Real Estate & Capital Support Division Respectfully submitted: Charles Fiedler, Director Engineering Department Location Map SANDESTIN SOUTHMONT CHIQUITA !'4 S 1"= lOO' ORDINANCE NO. AN ORDINANCE ABANDONING AND VACATING A PORTION OF A SIXTEEN FOOT WIDE DRAINAGE AND UTILITY EASEMENT AFFECTING LOT 4, BLOCK 2 OF SOUTHMONT PLACE, AN ADDITION TO THE CITY OF DENTON ACCORDING TO THE PLAT THEREOF WHICH IS LOCATED IN THE C. POULALLIER SURVEY, ABSTRACT NO. 1006; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from the underlying and abutting fee simple owner for the abandonment of all of that certain drainage and utility easement affecting Lot 4, Block 2 of Southmont Place, an addition to the City of Denton, Texas as particularly described and depicted in Exhibits "A" and "B" attached hereto and made a part hereof by reference (the "Existing Easement"), save and except a portion of said easement more particularly described and depicted on Exhibits "C" and "D" attached hereto and made a part hereof by reference (Called the "Reserved Easement") (the Existing Easement less the Reserved Easement is hereinafter called the "Abandoned Easement Area"); and WHEREAS, the City of Denton Engineering Department has reviewed the Abandoned Easement Area and determined that this easement area is not needed for future drainage or utility purposes; and WHEREAS, the City Council hereby finds and determines that the Abandoned Area is not needed for drainage and utility easement purposes and it is in the public interest to abandon the Abandoned Easement Area and the City's interests therein to the current underlying and abutting landowner ("Current Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The recitations and findings contained in the preamble of this ordinance are incorporated herein by reference. SECTION2. The Abandoned Easement Area is vacated and permanently abandoned as a drainage and utility easement. The Reserved Easement will remain in full force and effect. SECTION 3. The interests of the City of Denton in the Abandoned Easement Area are hereby quitclaimed and released and will revert to the fee owners as provided by law. A certified copy of the ordinance may be recorded in the Denton County Real Property Records. SECTION4. 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: Page 2 EXHIBIT "C" 'J.E. SMITH, LAND SURVEYOR 5269 HWY No.377 SOUTH AUBREY, TEXAS 76227 940-365-9289 EASEMENT: LOT 4, BLOCK 2, SOUTHMONT PLACE All that certain tract or parcel of land lying and being situated in the City of Denton, Denton County, Texas, a part of the C. POULALLIER SURVEY, ABSTRACT NO. i006, and being out of and a part of Lot 4, Block 2, SOUTHMONT PLACE, an addition to the City of Denton according to the plat thereof recorded in Cabinet C, Page 212 of the Denton County Plat Records, said tract or parcel of land is herein described as follows: to wit: BEGINNING at a point onthe South line of said Block 2 for the Southeast comer of said Lot 4 and the SoutheaSt comer of the premises described herein, said comer being the Southwest comer of Lot 6; THENCE along the South line of said Block 2, North 89 degrees 59 minutes 20 seconds West 20.00 feet to a point on the South line of said Lot 4 for the Southwest comer hereof; THENCE North 00 degrees 00 minutes 40 seconds East 10.02 feet to a point on the right-of-way of Pennsylvania Court (a dedicated street) for the Northwest comer hereofi THENCE with the right-of-way line of said Pennsylvania Court along a curve to the left subtended by an angle of 23 degrees 59 minutes 55 seconds and a radius of S0.00 feet, with a chord that bears South 76 degrees 01 minutes 02 seconds East 20.79 feet, an arc distance of 20.94 feet to the most Easterly Northeast comer of said Lot 4, said comer being the most Westerly Northwest comer of said Lot 6; THENCE South 02 degrees 01 minutes 00 seconds West a distance of 5.00 feet to the Place of BEGINNING. Prepared from documents of record. AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 22, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT Consider adoption of an Ordinance of the City of Demon, Texas authorizing the expenditure of funds for payments by the City of Denton for Wide Area Network Charges to the Electric Reliability Council of Texas; and providing an effective date (File 3055 to the Electric Reliability Council of Texas (ERCOT) in the estimated amoum of $57,000). BID INFORMATION As a result of Texas Legislature mandated restructuring of the Electric Utility Industry, DME is now required to pay Wide Area Network Charges to the Electric Reliability Council of Texas (ERCOT) for the transfer of data. In order to be connected to the ERCOT whole grid so that power can be delivered to Denton, the ERCOT protocols require that we must be a part of the Wide Area Network. ERCOT is a not for profit organization whose primary responsibility is to facilitate reliable power grid operations by working with the area's electric utility industry organizations. Since this is the first year that Denton Municipal Electric has participated in the Wide Area Network and the monthly cost varies depending upon usage, DME was not sure what the total annual fees would be. As of July 1, 2003, the total amoum paid was $37,787.07, which is approximately $4200 per month. RECOMMENDATION We recommend award of this item to the Electric Reliability Council of Texas (ERCOT) in the estimated amoum of $57,000. PRINCIPAL PLACE OF BUSINESS ERCOT Austin, TX ESTIMATED SCHEDULE OF PROJECT This is a monthly charge that is estimated to be $57,000 for this fiscal year (October 1, 2002 - September 30, 2003). Agenda Information sheet July 22, 2003 Page 2 FISCAL INFORMATION This item will be funded from account 600100.7899. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1 :ERCOT Protocols Section 9 1-AlS-File 3055 Attachment 1 SECTION 9 -Sm'tL~ Am> BILLING The non-ERCOT CR fee is not revenue nentral, as it will partially cover the cost of maintaining the centrali?ed systems. The non-ERCOT CR Fee will be calculated da.~y, but billed to the non-ERCOT CR as an aggregated total on a monthly basis. NELFm = l~0g$Ia * PF_.,D)m ESIa: NELFm: PED: month being calculated Nnmber of ESI ID per day Non-ERCOT LSE Fee per month Per ESI ID fee 9. 7.4 Mismtched SchedMe Processing Fee There is a flat fee for a QSE submitting a mismatched sclaeatule. The fee factor will not change during a Settlement IntervaL All mismatched scttedules will be assessed a charge, even if the mismatch is the result of an error made by another QSE through a bilateral agreement. The indicator wm be on an interval basis and should either have a value of 1 for mismatch or 0 for no mismatch at each interval. This mismatched sehednling processing fee is a not a revenue neutral fee, as it is the amount collected by ERCOT to administer the market. The mismatched fee will be included as a Market Service on the Settlement Statement. MSFQ~= ~ (MSFFs * QMS,) MSFQ~ MSFFi QMSi interval being calculated ~tsmatcbed Schedule Fee for QSE per interval Mismatched Schedule Fee Factor per interval QSE Mismatched Schedule Indicator per interval (value = 0 or I, where 1 = mi.qmatehed and 0 = matched) 9. Z $ Market Participant Application Fee A fee collected as part of the application process, in accordance with Section 16, Qmlification of Q,alified Scheduling Entities and Registration of Market Participants of these Protocols. 9. 7.6' Private ;Yule Area Network Fees Market Participants connected to the Wide Area Network (WAN) shall be assessed a one-time instaflation fee and monthly maintenance fees related to access to the WAN as approved by the ERCOT Board. This fee is separate from the administrative fee. ERCOT PROTOCOLS -- JANUARY 5, 2001 9-13 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR WIDE AREA NETWORK CHARGES TO THE ELECTRIC RELIABILITY COUNCIL OF TEXAS; AND PROVIDING AN EFFECTIVE DATE (FILE 3055 TO THE ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERCOT) IN THE ESTIMATED AMOUNT OF $57,000). WHEREAS, in order to comply with the legislative requirements contained in Texas Senate Bill 7 for the restructuring of electric utility regulation, the City of Denton is required to pay such fees imposed by the Electric Reliability Council of Texas as set forth in Exhibit "A": and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the expenditure of funds in the estimated amount of $57,000 to be paid to the Electric Reliability Council of Texas in the estimated amount shown on Exhibit "A", which is attached to and made a part of this ordinance for all purposes is hereby authorized. SECTION 2. 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-File 3055 Purchase Order 107983 Purchase Order 110103 Purchase Order 112244 EXHIBIT "A" Total $20,000.00 $20,000.00 $17,000.00 $57,000.00 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 22, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Alex Pettit 349-8595 Charles Wiley 349-7925 SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of the renewal fee for maimenance of the City of DeMon's Public Safety software provided by VisionAir and 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 3054 to VisionAir in the amoum of $140,831.32). BID INFORMATION The Public Safety software provided by VisionAir provides computer aided dispatching for the Police and Fire Departments. This software maintenance renewal is required by contract to continue to receive support and upgrades for this product. This is an advance payment for cominued service for the period of August 1, 2003 through July 31, 2004. PRIOR ACTION/VIEW (COUNCIL~ BOARDS~ COMMISSIONS) Council originally approved the maintenance agreement for the Public Safety software on July 16, 2002. RECOMMENDATION We recommend award of the Public Safety software maimenance agreemem to VisionAir in the amoum of $140,831.32. PRINCIPAL PLACE OF BUSINESS VisionAir Castle Hayne, NC ESTIMATED SCHEDULE OF PROJECT This maimenance agreemem renewal will begin August 1, 2003 with an ending date of July 31, 2004. Agenda Information Sheet July 22, 2003 Page 2 FISCAL INFORMATION This item will be funded from account 830700.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Invoice from VisionAir 1-AlS-File 3054 Attachment 1 DENPDFDTX01 Ci~ of Denton TX Tim Smith Customer Suppor~ Manager Denton, TX 76205 INVOICE Invoice #: invoice Date: Your PO#: Date Due: IVC06111 6/20/03 03f04 SWMTC RENEWAL 7/31/O3 601 East Hickory, Suite E Quantity Description Per Unit Amount t 24x7 CAD Software Maintenance Renewal $34,2t3.45 $34,213.45 August 1, 2003 through July 31,2004 VisionCAD: 7 Position 1 24x7 CAD Software Maintenance Renewal August I, 2003 through July 31, 2004 VisionGeo: 5 Position I 8x5 RMS Software Maintenance Renewal August 1, 2003 through July 31, 2004 .' VisionRMS Base: 40 Position,. dropped equipment mtc. 1 8x5 Jail Software Maintenance Renewal August 1, 2003 through July 31, 2004 Vision Jail: 5 Position, Fingerprint Interface not live subtracted . ($1,584.00) 1 24x7 Mobile Software Maintenance Renewal :. August 1,2003 through July 31, 2004 VisionMobile Message Switch: 100 Position 1 24x7 Mobile Software Maintenance Renewa] August 1,2003 through July 31, 2004 VisionMobile Client License NCtC: 20 Position, . ~ Mobile Base Pacl(age: 85 Position I VisionFire Mobile Not Live 1 8x5 Fire Software Maintenance Renewal August 1, 2003 through July 31, 2004 VisionFire: 20 Position I VisionEMS not live I 8x5 inform Software Support Agency Host August 1,2003 through July 31, 2004 Visionlnform: 10 Position I 24x7 Mobile Software Maintenance Renewal $3,160.52 $3,160.52 $21,360.68 $21,360.68 $3,806.36 $3,806.36 $15,68t.60 $15,681.60 $48,360.64 $48,360.64 $0.00 $0.00 $4,349.67 $4,349.67 $0.00 $0.00 $3,168.00 $3,168.00 $6,730.40 $6,730.40 PO Box 9000 ~ 5601 Barbados Blvd. ~ Castle Hayne, NC 28429 800-882-2108 ~ 910-602-6190 fax ~ www.visionair.com a~ INVOICE invoice #: DEN PDFDTX01 Invoice Date: Your PO#: City of Denton TX Date Due: Tim Smith Customer Support Manager 601 East Hickory, Suite. E Denton, TX 76205 IVC06111 6t20t03 03/04 SWMTC RENEWAL 7t31/03 Quantity Description Per Unit Amount 1 $0.00 $0.00 1 $0.00 $0~00 1 $0.00 $0.00 April 17, 2003 through July 3'I, 2004 Add on Job#027043 VisionMobile Message Switch: 4t-50 Position, Pro-rated to match renewal VisionCSI Interface VA Warant not live Vision Paperless Citation not live Please Apply Attached Credit Memo The Users' Conference is October 5-91 2003. For Subtotal $140,831.32 registration, go to www.visionair, com under Misc $0.00 Events-Users Conference. We look forward to seein9 Tax $0.00 you there[ Total $140,831.32 Make a i checks payable to: VisionAlR If you have any questions concerning this invoice, call: Accounts Receivable Department at 800-882-2108 X5t62, PO Box 9000 ~ 5601 Barbados Blvd. e Castle Hayne, NC 28429 ' 800--882-2108 ~ g10-602-6190 fax ~ www.visionair, com ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF THE RENEWAL FEE FOR MAINTENANCE OF THE CITY OF DENTON'S PUBLIC SAFETY SOFTWARE PROVIDED BY VISIONAIR AND 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 3054 TO VISIONAIR IN THE AMOUNT OF $140,831.32). 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 3054 VisionAir $140,831.32 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. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 3054 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 22, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Cary Tower 349-8424 SUBJECT: Consider adoption of an Ordinance accepting competitive bids and awarding a comract for the purchase of prevemive maimenance services for City vehicles; providing for the expenditure of funds therefore; and providing an effective date (Bid 3023-Prevemive Maimenance Services awarded to USA Lube and Tire in the estimated amoum of $50,000). BID INFORMATION: This bid is for an annual contract to supply Preventive Maintenance Services for the City of DeNon light duty fleet. This service includes oil and filter changes as required for: (1) police cruiser service (2) sedans, ½ ton and 3A ton pickups, and vans (gasoline engine) (3) ½ ton pickups, 3A ton pickups and vans (diesel engines). Also included are fuel filters, coolam flush, fuel injector flush, and automatic transmission service. Prevemative maimenance is performed at recommended imervals determined by the Fleet Services Division. RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, USA Lube and Tune, in the estimated annual amount of $50,000 as listed on Exhibit A to the ordinance. PRINCIPAL PLACE OF BUSINESS: USA Lube and Tune Denton, TX ESTIMATED SCHEDULE OF PROJECT: This is an annual contract and will remain in effect through July 22, 2004 and may be extended for additional one-year periods by mutual agreement of both parties. FISCAL INFORMATION: This preventative maintenance service will be funded from Fleet Maintenance account 820100.6416. Agenda Information Sheet July 22, 2003 Page 2 Attachment 1: Tabulation Sheet Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 0 0 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PREVENTIVE MAINTENANCE SERVICES FOR CITY VEHICLES; PROViDiNG FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BID 3023-PREVENTIVE MAINTENANCE SERVICES AWARDED TO USA LUBE AND TUNE IN THE ESTIMATED AMOUNT OF $50,000). 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 3023 1-4 USA Lube and Tune 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 __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-BID 3023 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET July 22, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT Consider adoption of an Ordinance awarding a comract for the purchase of a trailer mourned underground puller for DeNon Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3040-Trailer Mourned Underground Puller awarded to TSE Imernational, Inc. in the amoum of $76,720). BID INFORMATION This bid is for the purchase of a Trailer Mourned Underground Puller for DeNon Municipal Electric (DME). DME recemly changed from using a 500 MCM underground cable to a 750 MCM underground cable. The 750 MCM cable is heavier and exceeds the recommended weight limit of the underground puller curremly used by DME. Therefore, it is necessary to purchase a heavy-duty puller to perform the required cable installation. DME will use accumulated motor pool funds to pay for the purchase of this new addition to their fleet. RECOMMENDATION We recommend award of Bid 3040 to TSE International, Inc. in the amount of $76,720. PRINCIPAL PLACE OF BUSINESS TSE International, Inc. Mansfield, TX ESTIMATED SCHEDULE OF PROJECT Delivery can be made within 84 days of receipt of the order. FISCAL INFORMATION This item will be funded from the Motor Pool replacement fund account 810001.8535. Agenda Information Sheet July 22, 2003 Page 2 Attachment 1: Tabulation Sheet 1-AlS-Bid 3040 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Z o o L~ 0 O O O O O O ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A TRAILER MOUNTED UNDERGROUND PULLER FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3040-TRAILER MOUNTED UNDERGROUND PULLER AWARDED TO TSE INTERNATIONAL, INC. IN THE AMOUNT OF $76,720). 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 NUMBER VENDOR AMOUNT 3040 TSE International, Inc. $76,720 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 __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 30ORD-Bid 3040 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: July 22, 2003 City Manager's Office Mike Conduff, City Manager SUBJECT Consider appointments to City's Boards and Commissions. BACKGROUND The attached nominations for boards and commissions were discussed at the July 16, 2003 Council luncheon. Council will be voting on approval of the nominations at this meeting. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary Board Council Nomination Member Airport Advisory Board Redmon Rick Woolfolk Kamp Bob Eames Burroughs John Kristoferson McNeill John Vann Animal Shelter Advisory Board Thomson Bill Atkinson McNeill Jennifer Walters Brock Susan Weinkein Community Development Adv. Cmte. Redmon Kathy Coleman Kamp Bette Sherman McNeill Hank Dickinson Burroughs Peggy Fox Brock Sandra Benavides Construction Adv. & Appeals Board Redmon John Ryan Thomson Don Richards Montgomery Scott Richter Burroughs Jimmy Polozeck Brock Dana Binnion Historic Landmark Commission Redmon Mildred Hawk Thomson Ann Hatch McNeill Elise Ridenour Montgomery Pam Peters Burroughs John Baines 0-All Steven Ambuehl Human Services Advisory Committee Redmon Mae Nell Benford Thomson Betty Tomboulian Burroughs Jodi Vicars-Nance 0-All Carol Bounds 0-All Jesse Martin Library Board Kamp Judy Deek Montgomery Ken Ferstl Burroughs Sherri McDade Parks, Rec. and Beautification Board Redmon Reginald Heard Montgomery Ross Richardson Burroughs Teresa Andress Brock Jo Kuhn TMPA 0-All Perry McNeill Traffic Safety Commission McNeill Murray Ricks Montgomery Harry Phillips Brock Pat Cheek Thomson Linda Brown Board Council Nomination Member Zoning Board of Adjustmem Redmon Tom Reece Thomson Greg Muirhead McNeill Gram Jacobson Burroughs Marty Rivers Brock James Kirkpatrick 0-All (Alt 1) Lee Shanklin 0-All (Alt 2) Kevin O'Dell AGENDA INFORMATION SHEET AGENDA DATE: July 22, 2003 DEPARTMENT: Airport and Transit Operations ACM: Jon Fortune, Assistant City Manager SUBJECT Consider an ordinance of the City of DeNon, Texas approving an amendmem to an airport lease between the City of Denton and Ezell Aviation, Incorporated and a partial assignment to George Dalton; and providing an effective date. BACKGROUND In May 1997 Ezell Aviation was assigned the Frank Strickler, Fox 51, Inc. fixed base operator (FBO) and commercial lease agreemem. Based on a business plan submitted to staff at the time, the Fox 51 lease agreements were combined into a single lease agreement providing a 30-year term so that Ezell Aviation could receive favorable financing and an appropriate return on their investment. At this time, a rate reduction was provided from approximately $0.085 per square foot to $0.061 on all FBO lease property. This reduction was provided to establish equality between a similar FBO agreemem as well as the agreemem that Ezell would build a 44,000 square foot building to relocate their aircraft restoration business from Stephens County and bring approximately 25 employees to Denton. In addition to this, Ezell was taking under lease an additional 120,000 square feet of Airport property. In the Spring of 1998, Ezell Aviation approached the City to request that the 44,000 square foot building requirement be lessened due to unanticipated development costs associated with the Building Code and Fire Code at the time. The original lease required that the structure be completed no later than June 1, 1998. In December 1998, a compromise was made with Ezell Aviation to reduce the building requirement to 12,000 square feet and provide an additional five (5) years to complete the structure. In April of 2002, Ezell approached the Airport Board and airport management to discuss the building requirement and identify the type of hangar development that would fit with the Airport Master Plan then under review. The Ezell's were informed that small T-hangar developmem would not be acceptable in that location as the building site was planned for larger, commercial operation, hangars. In October of 2003, Airport Managemem and Ezell Aviation discussed the impending June deadline for completion of developmem. In March of 2003, Ezell Aviation indicated they were entertaining offers from Dalton North Texas Aero to purchase a portion of the lease agreement and the improvement thereon. As of June 1, 2003, due date for hangar completion, Ezell had not completed the hangar nor applied for a building permit for said development. However, Ezell Aviation, Dalton North Texas Aero and Airport Management have been negotiating terms of an agreement to facilitate further development at the Airport and to meet the terms of the 1998 amended lease agreement. As of the June 1, 2003 due date, Ezell Aviation is in default of their lease agreement with the City of Demon. Legal staff will be providing the City Council with a legal brief on this issue during the executive session. The proposed Second Amendment to the Lease provides the following terms: 14,400 square feet of hangar space must be completed no later than March 1, 2004, with building permit being issued no later than September 2, 2003, actual construction beginning no later than October 1, 2003, and 75% of the entire hangar space will be under construction no later than December 31, 2003. The lease will terminate upon written notice without advanced notice, if any of these benchmarks are not met. Lessee will immediately vacate the lease premises without necessity of eviction proceedings. A substantial portion of Tract C of the lease will be deleted from the lease agreemem for use by the City. 3. The lease is clarified that a restaurant use is permitted. The buy out provisions for the new hangar space will be reduced froml/45 to 1/30 of the value for each year remaining on the lease. Remal paymems for redefined Tract B (where the new hangars will be constructed) is increased from the minimum FBO rate of approximately 6.1 cents per square foot to approximately 8.5 cents per square foot. The partial assignment to Dalton provides for the following: 1. Tract A of the lease (the FBO) will be assigned to Dalton. The purchase money from Dalton to Ezell for Tract A (approx. $380,000) will be placed into escrow to pay for the construction of the new hangars on Tract B. A default by Ezell of the remaining lease as to Tracts B and D will not act a default by Dalton under that portion of the lease covering Tract A. OPTIONS Approve the proposed Ezell lease amendment allowing for the assignment of a portion of the lease to Dalton North Texas Aero and extending the due date for completion of development. II. Provide staff direction with other alternatives to the proposed lease amendment. RECOMMENDATION Staff recommends the approval of the proposed lease amendment and partial assignement to Dalton. The Airport Board recommends approval of amendment by a 4-1 vote. ESTIMATED SCHEDULE OF PROJECT The amendment would become effective as of June 1, 2003 and continue through the end of the original primary term, May 2027. Dalton North Texas Aero will have the option to buy out the remaining leasehold, or a portion of said leasehold, that Ezell Aviation will maintain in the proposed lease amendment. This provision will allow Dalton North Texas Aero 12 months from the date of the proposed amendment to make an offer on the remaining Ezell Aviation leasehold. PRIOR ACTION/REVIEW The City Attorney's Office reviewed and prepared the proposed amendment. Airport Board and Airport Management has reviewed the proposed amendment. FISCAL INFORMATION Approximately 100,000 square feet of leasehold property will be released from the current lease agreement. This release will result in an overall reduction in annual lease of approximately $6,100. Approximately 75,000 square feet of the lease will experience an increase in lease rate from $0.061 to $0.085. This increase will result in an increase of approximately $1,050 annually for this portion of the lease. Overall impact to lease revenue will be a reduction of approximately $5,050 annually. Exact impact will not be known until a legal survey is provided by Ezell Aviation that will provide exact square footage involved. The release of the 100,000 square feet of property will allow Airport Management to market a more favorable development site for large scale development anticipated in the Terminal Apron Area. EXHIBITS Ordinance Agreement Exhibit Respectfully submitted: Mark Nelson Director of Airport and Transit Operations . S:\Our Documents\Ordinances\03L4irport Lease Amendment and Partial As$ignment-Ezetl-Datton.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO AN AIRPORT LEASE BETWEEN THE CITY OF DENTON AND EZELL AVIATION, INCORPORATED AND A PARTIAL ASSIGNMENT TO GEORGE DALTON; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS: SECTION 1. The City Council hereby approves the Second Amendment to Airport Lease Agreement between the City of Denton and Ezell Aviation, Incorporated and a partial assignment to George Dalton in substantially the form of the documents which are attached hereto and made a part of this ordinance for all purposes. SECTION 2. The City Manager, or his designee, is authorized to sign said documents on behalf of the City of Denton. 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 EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: '~ SECOND AMENDMENT TO AIRPORT LEASE AGREEMENT COMMERCIAL/FBO This Second Amendment to Airport Lease Agreement ("Second Amendment") is made and entered by and between the City of Denton, Texas ("Lessor") and Ezell Aviation, Incorporated ("Lessee") as of the Effective Date as set forth below. WHEREAS, the Lessor and Lessee desire to amend that certain Airport Lease Agreement dated May 6, 1997 approved by Ordinance No. 97-132 as amended by that certain First Amendment to Airport Lease Agreement dated December 8, 1998, approved by Ordinance No. 98-431 (collectively called the "Airport Lease"); and WHEREAS, the Airport Advisory Board for the City of Denton has recommended approval of this Second Amendment; NOW, THEREFORE, in consideration of the mutual covenants, the parties agree to the following amendments to the Airport Lease: 1. Article I of the Airport Lease is amended to delete from the leased premises that portion of Tract C particularly shown on Exhibit D attached hereto and made a part hereof by reference (the "Deleted Leased Premises") so that the leased premises under the Airport Lease shall exclude the Deleted Leased Premises. Lessee hereby releases and quitclaims to Lessor all of Lessee's right, title and interest it has in and to the Deleted Leased Premises. Tract A and Tract B are redefined and described as shown on Exhibit D. A legal description of the redefined Tracts A and B will be provided by Lessee to Lessor no later than August 5, 2003 which will be made a part of Exhibit D. 2. Section B of Article I of the Airport Lease is amended to make it clear that a restaurant is a permitted use. 3. Subsection B. 1 .f of Article II of the Airport Lease is deleted and replaced with the following: Construction of 14,400 square feet of hangar space in one or more hangars on Tract B shall be completed on or before March 1, 2004. No individual hangar shall be less than 3,600 square feet. Each hangar shall have a door with a minimum width of 50 feet. The building permit for the initial hangar must be obtained on or before September 2, 2003 ("First Building Permit Issuance Covenant"). Actual construction on the initial hangar shall begin on or before October 1, 2003 ("Commencement of Construction Covenant"). Seventy-Five percent (75%) of the entire 14,400 square feet of hangar space shall be under construction on or before December 31, 2003 ("75% Construction Covenant"). One hundred percent (100%) of the entire 14,400 square feet of hangar space shall be completed on or before March 1, 2004 ("Construction Completion Covenant"). 4. Section IX of the Airport Lease is amended to add a Subsection C. to read as follows: C. Cancellation by Lessor-Failure to Construct Hangar Space Improvements In the event Lessee fails to fulfill the First Building Permit Issuance Covenant, the Commencement of Construction Covenant, the 75% Construction Covenant, or the Construction Completion Covenant as specified in Subsection B.l.f of Article II, then in any such instance Lessor may terminate this Airport Lease and all of Lessee's rights thereunder by a written notice to Lessee without advance notice. In such event, Lessee shall immediately vacate the leased premises without the necessity of eviction proceedings. In such event, the provisions of Subsection D.4 of Article II as amended by this Second Amendment will apply to the Lessor's right to purchase all buildings, structures and improvements on the leased premises. 5. Subsection D.4 of Article II is hereby amended to change "one forty-fifth (1/45) for new improvements constructed on FBO Tracts A,B, and C" to now read "one thirtieth (1/30) for new improvements constructed on FBO Tracts A,B, and C". 6. Subsection E. of Article XV is deleted and replace with the following: E. Notice. Any notice given by one party to another in connection with this Agreement shall be in writing shall be sent by certified mail, return receipt requested, postage prepaid at the addresses below, or via facsimile to the fax nos. below: 1. If to Lessor: City Manager City of Demon City Hall 215 E. McKinney Denton, Texas 76201 Fax No. 940.349.8596 2. If to Lessee: Nelson Ezell President Ezell Aviation, Incorporated P.O. Box 1793 Breckenridge, Texas 76424 Page 2 7. Subsection B. of Article III is amended to add Tract B and that portion of Tract C not a part of the Deleted Leased Premises (the "Redefined Tract B" as shown on Exhibit "D") to be treated as a commercial tract and not an FBO tract and the same as Tract D for rental purposes and all other purposes under the Airport Lease, effective as of the Effective Date of this Second Amendment. This Second Amendment is intended to amend the provisions of the Airport Lease only to the extent set forth herein. All other terms, conditions and covenants contained in the Airport Lease shall remain in full force and effect. Signed by the parties hereto to be effective as of June 1, 2003 (the "Effective Date") CITY OF DENTON, TEXAS BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY Michael A. Conduff City Manager BY: APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EZELL AVIATION, INCORPORATED APPROVED AS TO FORM BY: Nelson Ezell President Page 3 Larry Collister, its attorney ACKNOWLEDGMENT STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the __ day of ., 2003 by Nelson Ezell, President of Ezell Aviation, Incorporated, on behalf of said corporation. Notary Public, State of Texas Page 4 Exhibit D NT 18'09'21 902, 1' Commercial Tract D PARTIAL ASSIGNMENT OF AIRPORT LEASE This Partial Assignment of Airport Lease (the "Partial Assignment') is made and entered into as of the Effective Date (as defined below) set forth below by and between Ezell Aviation, Incorporated (the "Assignor"), George Dalton, ("Assignee"), and the City of Denton, Texas ("Lessor"). Capitalized terms used, but not defined, herein, shall have the meaning assigned to that term in the Airport Lease (as defined below). WHEREAS, the Assignor and Lessor have entered into that certain Airport Lease Agreement dated May 6, 1997 approved by Ordinance No. 97-132 as mended by that certain First Amendment to A/rport Lease Agreement dated December 8, 1998, approved by Ordinance No. 98-431 and further amended by that Certain Second Amendment (the "Second Amendment") to Airport Lease Agreement dated effective June 1, 2003, approved by Ordinance No. 2003- .(collectively called the "Airport Lease"); and WHEREAS, Assignor desires to assign and Assignee desires to accept assignment of that portion of the Airport Lease pertaining to the Fixed Base Operator Premises, being Tract A in the Airport Lease; and WHEREAS, Lessor has executed this Partial Assignment to evidence its consent to the Partial Assignment, which is hereby given subject to the terms and conditions of this Partial Assignment; NOW, THEREFORE, in consideration of the mumaI covenants, the parties agree as follows: 1. Assignor hereby assigns and transfers to Assignee all of Assignor's fight, title and interest in and to that portion of the Airport Lease pertaining to Tract A only and Assignee hereby accepts such assigtanent. Assignee assumes all of Assignor's rights, duties and responsibilities under the Airport Lease pertaining to Tract A. Assignee does not assume any fights, duties or responsibilities under the remaining portions of the Airport Lease including without limitation the construction requirements contained in Subsection B.l.f of Art/cie II of the Airport Lease as amended by the Second Amendment (the "Construction Requirements"). The Construction Requirements shall remain the sole responsibility and duty of Assignor under the Airport Lease and a default by Assignor of such covenants shall not be a default of Assignee under the Airport Lease as to Tract A. 2. Assignor hereby warrants and covenants to Assignee that (i) Assignor is the current and sole Lessee under the Airport Lease; (ii) this Partial Assignment conveys all the interest of Assignor in the Airport Lease with respect to Tract A; (iii) Assignor has full right and authority to make this Partial Assignment; and (iv) Assignor is not in default under the Airport Lease. 3. Assignor hereby agrees to indemnify, defend and hold harmless Assignee from and against any and all loss, cost or expeuse (including without 1/mitation, reasonable attorneys' fees) resulting by reason of the failure of Assignor to perform any of the obligations of Lessee under the Airport Lease on or prior to the Effective Date, or from Assignor's breach of this Partial Assignment. Assignee hereby agrees to indemnify, defend and hold harmless Assignor from and against any and all loss, cost or expense (including without limitation, reasonable attomeys' fees) resulting by reason of the failure of Assignee to perform any of the obligations assumed by Assignee hereunder. 4. As of the Effective Date of this Partial Assignment, Assignee shall be fully responsible for all covenants, terms and conditions of the Airport Lease pertaining to Tract A and Assignor shall be fully responsible for all covenants, terms and conditions of the A/rport Lease pertaining to Tracts B and D. In this regard, in the event of a default by Assignee as to Tract A, the Lessor may exercise its rights to terminate the Airport Lease as to Tract A only. Similarly, in the event of a default by Assignor as to Tract B and/or D, the Lessor may exercise its rights to terminate the Airport Lease as Tract B and/or D only. 5. The Lessor hereby (i) confirms and ratifies the Airport Lease to be in full force and effect and without breach with respect to Tract A, as of the Effective Date; (ii) agrees not to exercise any rights under the Airport Lease to acquire any property located on or related to Tract A as a result of this Partial Assignment, or resulting from any acts or omissions of Assignor on or prior to the Effective Date; and (iii) gives its consent to this Partial Assignment subject to the following: The purchase price for Assignee's acquisition of Tract A under the Airport Lease, which is approximately $380,000.00 (the "Funds"); will be placed in escrow with a third party escrow agent (the "Escrow Agent") located in Denton, Texas which is acceptable to Assignor and Lessor; and An Escrow Agreement will be entered into between, Lessor, Assignor and Escrow Agent on such terms and conditions that are acceptable to Assignor and Lessor to insure that the Funds are used for the completion of the Construction Requirements to the extent needed to complete the construction; and Such Escrow Agreement will entitle release of such portions of the Funds to Assignor or its agent for construction costs to complete the Construction Requirements, with the remainder of the Funds being released to Assignor once the actual construction costs are determined to the reasonable satisfaction of Lessor; and Such Escrow Agreement will entitle the Lessor to the release of the Funds to complete the Construction Requirements should Assignor fail to meet any of the deadlines contained in the Construction Requirements, with the remainder of the Funds being released to Assignor after Lessor completes the improvements contemplated by the Construction Requirements; and Page 2 The Lessor's City Manager, or his designee, is authorized to vary the above escrow terms, including to authorize the release of the Funds or portions thereof to Assignor, should he in his judgment determine that another method is adequate to insure the completion of the Construction Requirements; and Once the Funds are placed into escrow with the Escrow Agent this Partial Assignment will take affect. Any subsequent default under the Escrow Agreement will not affect the validity of this Partial Assignment. 6. Both Assignor and Lessor agree that the rights and obligations of Assignee hereunder shall automatically transfer to the Texas entity formed by Assignee to consummate this Partial Assignment, upon its formation. Signed to be effective as of the __ "Effective Date"). day of , 2003 (the EZELL AVIATION, INCORPORATED BY: Nelson Ezell President APPROVED AS TO FORM: Larry Collister, its attorney APPROVED AS TO FORM: George Dalton Paul Buckner, his attorney Page 3 CITY OF DENTON, TEXAS BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY Michael A. Conduff City Manager BY: APPROVED AS TO FORM: HERBS_ BY: ~ ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the ~ day of , 2003 by Nelson Ezetl, President of Ezell Aviation, Incorporated, a Texas corporation, on behalf of said corporation. Nallle; Notary Pubhc, State of Texas My commission expires Page 4 STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the __ 2003 by George Dalton. day of Sallie: Notary Public, State of Texas My commission expires STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2003 by Michael A. Conduff, City Manager of the City of Denton, Texas, a Home Rule municipal corporation, on behalf of said municipal corporation. Name: Notary Public, State of Texas My commission expires Page 5 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET July 22, 2003 Planning & Development Jon Fortune, Assistant City Manager SUBJECT A03-0001 (Teasley Lane High School) Consider adoption of an ordinance on second reading to volumarily annex approximately 67.69 acres of land generally located north and east of Teasley Lane (FM 2182) and west of Blue Bonnett in the southeastern section of the City of DeNon extraterritorial jurisdiction (ET J). (A03-0001) The Planning and Zoning Commission recommends approval (5-0). BACKGROUND Applicam: DeNon Independem School District (DISD) Demon, TX A volumary annexation proceeding is being considered by the City of DeNon for the Teasley Lane High School annexation. In accordance with the City's annexation policy plan, approved in June 1993, the City will "access on a case by case basis" the annexation of areas in the ETJ when significam developmems are proposed. > On June 17, 2003, City Council considered adoption of an ordinance on the first reading to volumarily annex the subject site. No one spoke in opposition. > On May 27, 2003, City Council held the second public hearing. No one spoke in opposition. On May 14, 2003, the Planning and Zoning Commission held public hearings on the annexation and zoning cases. No one spoke in opposition. > On May 13, 2003, City Council held the first public hearing. No one spoke in opposition. On January 27, 2003, Bill Coleman, Coleman and Associates Land Survey, on behalf of the DeNon Independem School District (DISD), submitted a petition for voluntary annexation. The majority of the subject property is located in the extraterritorial jurisdiction and is not zoned at this time. The property is undeveloped at this time. Construction of a public high school is proposed. The Comprehensive Plan idemifies this property to be within the "Neighborhood Cemers". OPTIONS 1. Proceed with annexation as presemed. 2. Proceed with annexation with changes. 3. Discontinue annexation process. RECOMMENDATION The Planning and Zoning Commission recommends approval of the annexation request. (5-0, Holt and Powell absem). ESTIMATED PROJECT SCHEDULE The annexation process will be completed by July 22, 2003 (see Attachmem 4). PRIOR ACTION/REVIEW Application Date 1 st CC Public Hearing P&Z Public Hearing 2nd CC Public Hearing 1 st Reading of Ordinance Ordinance published in DeNon Record-Chronicle January27,2003 May13,2003 May14,2003 May27,2003 June 17,2003 June 22,2003 FISCAL INFORMATION Developmem of this property will require no short-term public improvemems responsibility of the city. ATTACHMENTS 1. Service Analysis 2. Maps 3. Public Notification (Property Owner Notification Map and Property Owner Responses) 4. Annexation Schedule 5. Draft Annexation Ordinance that are the Prepared by: Chris D. Hatcher Planner II Planning and Development submitted: Kelly AICP Director of Planning and Development ATTACHMENT 1 Service Analysis by Department Police. Estimated average response time for this area based on currem departmem conditions: Priority.__ 5.6 minutes Non-priority 8.11 minutes Average. 6.82 minutes Appropriate average response time in the city based on current department conditions: Priority 5 - 6 minutes Non-priority 9 - 11 minutes Average. 7 - 10 minutes A school resource officer (SRO) staffs all high school within the DeNon Police Departmem jurisdiction. Provided that an SRO staffs this school, the listed response times would not apply during school hours. During those times when school is not in session, or when the SRO is not present on campus, the listed response times apply. There is the potential for some additional police related activity from the surrounding neighborhoods due to the increase in traffic flow to and from the school. In addition, depending on the design of the school grounds (fencing, etc) there is a possibility of an increase in criminal activity in those residemial neighborhoods adjacem to the school property. Engineering and Transportation. The following roads will be impacted by the proposed annexation and developmem in terms of needed improvemems or upgrades: Name and location Teasley Lane Old Alton Road Type of Improvemem Approximate Cost Widening unknown Widening unknown Teasley Lane will be upgraded from a two lane to a four-lane highway. Construction timeline is unknown at this time. TX DOT will fund this improvement. Note that Old Alton Road is curremly not within the City Limits. Additional equipmem and facilities needed as a specific result of this annexation and development are right and left turn pockets at all driveways, a possible traffic control signal at Teasely and the main emrance, a traffic control signal at Teasley/Old Alton and at Teasley Robinson Rd. DISD will be responsible for all cost associated with the design and installation of all of right/left tums for each driveway; all costs associated with the design and (when it meets warrants), installation of the traffic control signal at the main entrance; participation costs of the design and installation of the signals at Teasley/Robinson and Teasley/Old Alton Fire. Fire Station 6, located at 3232 Teasley Lane, will service this area. The estimated response time for this area is 3 minutes. No additional facilities, equipmem, or personnel is needed as a result of this annexation. Parks and Recreation. CurreNly, there are no city parks within the proposed annexation. The closest DeNon Parks property to the proposed annexation area are Cross Timbers Park, 1.33 miles, Briercliff Park, 2.36 miles, and South Lakes Park, 3 miles and Ryan Road South Community Park, 2 miles. CurreN resideNs will be able to use existing City of DeNon parks, facilities and programs. The 2000 Park and Recreation Master Plan indicates a need for community and neighborhood parks in this general area. Service standards for neighborhood and community parks are as follows: Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of developmenO $ acres minimum size. (by developer) cost per acre. Community Parks: 3. 0 acres per 1, 000 population 30 acres minimum If additional park facilities are developed to serve this area, $172,700.00 in additional funding and 2 new staff members will be needed to properly serve this area. Denton Parks and Recreation Department will attempt to coordinate placement of park facilities adjaceN to school property or develop join use agreemeNs. Library. There is no direct impact of this annexation and proposed developmeN on library services. ANicipated service demands can be met using existing materials, facilities and personnel. Solid Waste. ResideNial and commercial solid waste services are available to the proposed area. waste services must be requested. Solid Water. Maintenance of water facilities in the area to be annexed that are not within the service area of another water utility will begin upon the effective date of the annexation using existing personnel and equipmeN. CurreNly, the area to be annexed is within the Certificate of Convenience and Necessity (CCN) of the City of DeNon and is served by water lines located along the boundaries of the annexation area. Existing Water service is not adequate for the proposed usage. The developer will extend any necessary in accordance with the DeNon DevelopmeN Code. The City shall provide a level of water service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maiNenance available in other parts of the city with topography, land use, and population density similar to those reasonably coNemplated or projected in the area. Waste Water. MaiNenance of wastewater facilities in the area to be annexed that are not within the service area of another wastewater utility will begin upon the effective date of the annexation using existing personnel and equipmem. Curremly, the area to be annexed is within the Certificate of Convenience and Necessity (CCN) of the City of DeNon and is served by wastewater lines located along the boundaries of the annexation area. Existing wastewater service is not adequate for the proposed usage. The developer will extend any necessary in accordance with the DeNon Developmem Code. The City shall provide a level of wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maimenance available in other parts of the city with topography, land use, and population density similar to those reasonably comemplated or projected in the area. Drainage. Since the Comprehensive Plan designates this area as Neighborhood Cemers, denser developmem patterns are allowed. Dense developmems usually result in increased impervious cover. Mitigation measures may be needed to address drainage. The Environmemally Sensitive Areas (ESA) map shows a stream buffer area traversing the property from the northwest to southeast. This portion of the property may be affected by the 100-year floodplain. The stream buffer area shall remain natural and not be disturbed per the Denton Development Code and Drainage Criteria Manual. 100-year water surface elevations shall not increase as a result of any reclamation of the floodplain. Other floodplain criteria will apply. DISD is proposing to improve the unstudied floodplain and has submitted a CLOMR to the City for Review. No improvemems will occur inside the floodway or the 100 foot ESA buffer with the exception of 1 private road crossing, 1 pedestrian bridge, and a detemion pond. Electric. DeNon Municipal Electric (DME) has an existing main line in the FM 2181 right-of-way along the property boundary. Transformers and specific lines to provide electric service to the customer is all that would be required. DME is currently working with the Architect and engineers designing the new high school on how to provide electric service to the school. Note that the new Teasley Substation at FM 2181 and Hickory Creek Road is almost complete. ATTACHMENT 2 Maps NORTH Location Map ETJ SITE ETJ Scale: None 6 Zoning Map NORTH ETJ ETJ City of Corinth SITE E'rJ Scale: None 7 ATTACHMENT 3 Public Notification NORTH Notification Map ft.. Scale: None Public Notification Date: May 2, 2003 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 Percent of land within 200' in opposition: 0 % 10 8 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 Property Owner Responses Property Owner Name In favor Comments and Address /opposed* *A copy of the original notice can be picked up at City Hall West, 22'1 N. Elm Denton TX 7620'1 ATTACHMENT 4 ANNEXATION SCHEDULE FOR Teasley Lane High School Annexation Tuesday, May 13, 2003 City Council conducts first public hearing Wednesday, May 14, 2003 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zoning. Tuesday, May 27, 2003 City Council public hearing conducts second Tuesday, June 17, 2003 First reading of annexation ordinance - City Council by a 4/5th vote institutes annexation proceedings. Tuesday, July 22, 2003 Second reading and adoption of annexation ordinance and public hearing for zone change request- City Council by a 4/5th vote takes final action on annexation. City Council by simple majority vote takes final action of zone change request. 10 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 67.69 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH AND EAST OF TEASLEY LANE (FM 2181) AND WEST OF BLUE BONNETT IN THE SOUTHEASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE J.C. BAKER SURVEY ABSTRACT NUMBER 47, DENTON COUNTY, TEXAS AND BEING PART OF THE CALLED 13.404 ACRE TRACT DESCRIBED IN THE DEED FROM GLENN WAYNE GRAY, JR. ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 874 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A PART OF THE CALLED 13.406 ACRE TRACT DESCRIBED IN THE DEED FROM BRANDON S. GRAY ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 870 OF THE SAID REAL PROPERTY RECORDS, A PART OF THE CALLED 13.387 ACRE TRACT DESCRIBED IN THE DEED FROM CHARLES RUDY ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 860 OF THE REAL PROPERTY RECORDS, AND THE CALLED 37.595 ACRE TRACT DESCRIBED IN THE DEED FROM CLAUDE D. ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 865 OF THE REAL PROPERTY RECORDS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A03-0001) WHEREAS, the property owner has petitioned for the annexation of approximately 67.69 acres of land described herein; and WHEREAS, on May 14, 2003, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on May 13, 2003, and May 27, 2003, (both days being on or after the 20th day but before the 40th day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 17, 2003; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 22, 2003, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION 2. The service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. The service plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. SECTION 3. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City. If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in the ordinance. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED on this the __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EXHIBIT "A" ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE J.C. BAKER SURVEY ABSTRACT NUMBER 47, DENTON COUNTY, TEXAS AND BEING PART OF THE CALLED 13.404 ACRE TRACT DESCRIBED IN THE DEED FROM GLENN WAYNE GRAY, JR. ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 874 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A PART OF THE CALLED 13.406 ACRE TRACT DESCRIBED IN THE DEED FROM BRANDON S. GRAY ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 870 OF THE SAID REAL PROPERTY RECORDS, A PART OF THE CALLED 13.387 ACRE TRACT DESCRIBED IN THE DEED FROM CHARLES RUDY ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 860 OF THE REAL PROPERTY RECORDS, AND THE CALLED 37.595 ACRE TRACT DESCRIBED IN THE DEED FROM CLAUDE D. ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 865 OF THE REAL PROPERTY RECORDS; THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT THE INTERSECTION OF THE CORPORATE LIMITS OF THE CITY OF DENTON ANNEXATION AS DESCRIBED IN ANNEXATION ORDINANCE NUMBER 87-119, WITH THE NORTH LINE OF THE SAID 13.404 ACRE DENTON INDEPENDENT SCHOOL DISTRICT TRACT, SOUTH 89 DEGREES 36 MINUTES EAST A DISTANCE OF 200 FEET FROM A 2 INCH STEEL FENCE CORNER POST AT THE NORTHWEST CORNER THEREOF ON THE EAST RIGHT-OF-WAY OF F.M. HIGHWAY 2181; THENCE SOUTH 89 DEGREES 36 MINUTES EAST WITH THE NORTH LINE OF THE SAID 13.404-ACRE TRACT A DISTANCE OF 1449 FEET, MORE OR LESS, TO A 1/2 INCH IRON ROD FOUND AT A FENCE CORNER POST AT THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00 DEGREES 39 MINUTES WEST WITH THE EAST LINE OF THE DENTON INDEPENDENT SCHOOL DISTRICT LANDS A DISTANCE OF 2124 FEET, MORE OR LESS, TO A 1 INCH IRON ROD FOUNT) AT THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 89 DEGREES 40 MINUTES WEST WITH THE SOUTH LINE OF THE 37.595-ACRE TRACT A DISTANCE OF 1095 FEET, MORE OR LESS TO ITS INTERSECTION WITH THE SAID CITY OF DENTON CORPORATE LIMITS; THENCE NORTHERLY ACROSS THE DENTON INDEPENDENT SCHOOL DISTRICT LANDS WITH THE SAD CITY OF DENTON CORPORATE LIMITS, 250 FEET EAST OF AND PARALLEL WITH THE CENTER LINE OF F.M. 2181, THE FOLLOWING 4 CALLS: 3 ALONG THE ARC OF A CURVE TO THE R~GHT HAV~qG A RAD~JS OF 896.28 FEET, AN ARC LENGTH OF 628.58 FEET, MORE OR LESS, (CHORD BEARING NORTH 25 DEGREES 12 M~UTES 05 SECONDS WEST A DISTANCE OF 615.78 FEET) TO THE END OF THE SAID CURVE; NORTH 05 DEGREES 06 M~NUTES 36 SECONDS A DISTANCE OF 602.44 FEET, MORE OR LESS, TO THE BEG~qNING OF A CURVE TO THE ~GHT HAV~qG A RAD~S OF 2,755.54 FEET; ALONG THE ARC OF THE SAD CURVE, AN ARC LENGTH OF 235.38 FEET, MORE OR LESS, (CHORD BEARING NORTH 02 DEGREES 39 M~UTES 46 SECONDS WEST A DISTANCE OF 235.30 FEET) TO THE END OF THE SAm CURVE; NORTH 00 DEGREES 14 MINUTES WEST A DISTANCE OF 748 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING AND ENCLOSING 67.69 ACRES OF LAND, MORE OR LESS. ETJ ............. SITE ~J 4 CITY OF DENTON DRAFT SERVICE PLAN FOR A03-0001 (Teasley Lane High School) I. AREA ANNEXED The annexation area is located in the southeastern portion of Denton's Extraterritorial Jurisdiction and contains approximately 67.69 acres generally located north and east of Teasley Lane (FM 2181) and west of Blue Bonnett. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM {PROPERTY OWNER) TAX SERVICES Police Protection, Code Enforcement, and Animal Control Policc service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. If annexed and developed as proposed, additional personnel and equipment will be needed. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in tiffs area is 5 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to thc 2000 Parks and Recreation Master Plan. No parks are currently located within thc proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of thc proposed annexation area. Residents of the proposed annexation area will be able to usc existing City of Denton park and recreation facilities and programs. E. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on thc effective date of thc annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services arc provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of thc City of Denton. G. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ET J, and the subject tracts contain Neighborhood Centers and 100 year Floodplain/ Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. 6 IV. UTILITY (RATEPAYER) SERVICES Solid Waste Collection The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To request Solid Waste collection services, please telephone the City of Denton Customer Service Department at 940-349-8210 and submit an application to initiate service. To obtain City of Denton Solid Waste schedule, service, and rate information, please telephone the Solid Waste Customer Relations office at 940-349-8420. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Relations prior to commencing service. Residential Containerized Refuse Service Each residential address will be provided a 96-gallon wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Smaller carts are available for a lower monthly charge. Weekly brush service is provided. Residential Curbside Recycling Service Curbside recycling services are provided to all residential solid waste service customers. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. Water/Wastewater Facilities Maintenance of water and wastewater facilities in the area to be armexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. Currently, the area to be annexed is within the Certificate of Convenience and Necessity (CCN) of the City of Denton and is served by water and wastewater lines located along the boundaries of the annexation area. Existing Water service is not adequate for the proposed usage. The developer will extend any necessary water and wastewater infrastructure in accordance with the Denton Development Code. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Denton Municipal Electric is the current electric service provider for this site. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastmcture maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERM This service plan shall be valid for a term of ten (10) years. service plan shall be at the discretion of City Council. Renewal of the AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM/DCM/CM: July 22, 2003 Planning and Developmem Departmem Jon Fortune, Assistam City Manager SUBJECT - Z03-0016: (Teasley Lane High School) Hold a public hearing and consider adoption of an ordinance zoning approximately 67.69 acres of land to a Neighborhood Residemial 2 (NR-2) zoning district. The site is generally located north and east of Teasley Lane (FM 2181) and west of Blue Bonnett. A public high school is proposed. The Planning and Zoning Commission recommends approval (5-0). (Z03-0016) BACKGROUND Applicam: DeNon Independem School District (DISD) Demon, TX The subject zoning application is for approximately 67.69 acres of land under consideration for annexation imo the City of DeNon (A03-0001). The applicam is requesting that the property be zoned Neighborhood Residemial 2 (NR-2) upon annexation imo the DeNon corporate city limits. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the zoning request. (5-0, Holt and Powell absent) ESTIMATED PROJECT SCHEDULE The subject property is not platted. A final plat is required prior to the issuance of any building permits. PRIOR ACTION/REVIEW The following is a chronology of Z03-0016, commonly known as Teasley Lane High School. Application Date Alternative Developmem Plan Approved P&Z Public Hearing Annexation Approved January 27, 2003 March 25, 2003 May 14, 2003 July 22, 2003 FISCAL INFORMATION The development of this property will require no short-term responsibility of the city. ATTACHMENTS 2. 3. 4. 5. Staff Analysis Maps Public Notification May 14, 2003, Planning and Zoning Commission Minutes Draft Zoning Ordinance public improvements that are the Prepared by: il i~ Chris Hatcher Planner II Planning and Development Respectfully submitted: Kelly Director of Planning and Development 2 ATTACHMENT 1 Staff Analysis Summa _ry of Zoning Request The subject zoning application is for approximately 67.69 acres of land, which is under consideration for annexation imo the City of DeNon (A03-0001). The Comprehensive Plan idemifies this property to be within the "Neighborhood Cemers". The applicam is requesting that once annexed, the subject property be zoned Neighborhood Residemial-2 (NR-2). Existing Condition of Property The subject property is scheduled to be annexed imo the city on July 22, 2003, and is undeveloped. Adjacem zoning. North: Extra-territorial Jurisdiction (ET J) and Neighborhood Residemial 4 (NR-4) South: Extra-territorial Jurisdiction (ET J) and Neighborhood Residemial-2 (NR-2) East: Neighborhood Residemial-2 (NR-2) and Neighborhood Residemial 4 (NR-4) West: Extra-territorial Jurisdiction (ETJ) Comprehensive Plan Analysis The subject site is located within the "Neighborhood Centers" future land use area. These areas may develop in convemional patterns or may be developed in a pattern of 'neighborhood cemers'. Neighborhood cemers are oriemed inwardly, focusing on the cemer of the neighborhood and comaining facilities vital to the day-to-day activity of the neighborhood. A neighborhood cemer might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elememary school. The proposed Neighborhood Residemial-2 (NR-2) zoning district is consistem with The DeNon Plan. Development Review Analysis The proposed developmem: 1. Must meet the minimum requirements for transportation and road capacity; pedestrian linkages; utilities; drainage and topography; signs; landscaping; open space; lighting and environmem quality impacts and 2. Will be required to be in compliance with the site design standards of the DeNon Developmem Code, including buffering and screening. An Alternative Developmem Plan for the high school was approved by City Council on March 25, 2003, (ADP03-0001). Staff Findings 1. The proposed Neighborhood Residemial-2 (NR-2) zoning designation is consistem with The DeNon Plan and is compatible with surrounding zoning classifications. ATTACHMENT 2 Maps NORTH Location Map ETJ SITE ETJ Scale: None 4 Zoning Map NORTH ETJ ETJ City of Corinth SITE E'rJ Scale: None 5 ATTACHMENT 3 Public Notification NORTH Notification Map ft.. Scale: None Public Notification Date: May 2, 2003 200' Legal Notices* sent via Certified Mail: 500' Courtesy Notices* sent via 1st Class Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 Percent of land within 200' in opposition: 0 % 10 8 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 Property Owner Responses Property Owner Name In favor Comments and Address /opposed* *A copy of the original notice can be picked up at City Hall West, 22'1 N. Elm Denton TX 7620'1 ATTACHMENT 4 Planning and Zoning Commission May 14, 2003 Page 5 of 5 Mntlrm earrle~q 5-0 - Commissioner George Watkins opposed - Commissioner Bob Powell and Vicki Holt absent 11. Hold a public hearing and consider making a recommendation to City Council regarding the creation of a Special Sign District for an approximately 35.5 acre site that is generally located at the northeast comer of Brinker Road and Rails and Trail Reserve intersection. The purpose of the Special Sign District is to allow signage for a development to deviate from the requirements of Subchapter 15 of the Development Code. (SD03-0001, Quail Creek, Deborah Viera) Motion by John Johnson and seconded by Joe Mulroy to recommend approval to City Council with conditions. *Discussion of item is included in the Court Reporter's transcript attached to this set of minutes (Page) Motion carrle~q 5-D - Commissioner Bob Powell and Vicki Holt absent 12. Hold a public hearing to consider making a recommendation to City Council regarding the voluntary annexation, service plan, and proposed zoning for approximately 67.69 acres of land generally located north and east of Teasley Lane (F.M. 2181) and west of Blue Bonnett, in the southeastern section of the City of Denton extraterritorial jurisdiction (ETJ). A high school is proposed for the site. (A03-0001, Teasley Lane High School, Chris Hatcher) Motion by Joe Mulroy and seconded by Joe Roy to recommend approval to City Council for the annexation, *Discussion of item is included in the Court Reporter's transcript attached to this set of minutes (Page 121) Motion ea~es 5-0 - Commissioner Bob Powell and Vicki Holt absent Motion by Joe Mulroy and seconded by Susan Apple to recommend approval to City Council for zoning. *Discussion of item is included in the Court Reporter's transcript attached to this set of minutes (Page 121) Motion carriea 5-0 - Commissioner Bob Powell and Vicki Holt absent FIITIIRli', AC'.~NF}A ITF~Mg CondenseltTM Page 12t 1 COMMISSIONER APPLE: The final item on OUr 2 Agenda this evening is a public hearing. And Mr. 3 Reich_hart will present. I'll open the public hearing. 4 MR. REtCFIFIART: My presentation has changed 5 so I'm lost. 6 COMM[SSIONI~R APPLE: oh, no. Mi'. 7 Reichhart's lost. 8 MR, REICHHART: we'll do this the 9 old-fashion way. The subject property that we're looking 10 at is thc proposed site for the new high school on Teasley 11 Lane. Here's Teasley. The frontage is already in the 12 City. We're looking at this parcel. The school district 13 has submitted a voluntary annexation petition. We had the 14 first public hearing at City Council. This is the 15 required hearing at the Planning and Zoning Commission on 16 the annexation. We are also having a public hearing for 17 the zoning. We will need two separate motions on that. 18 We're recommending the annexation move forward. 19 In your backup you have a schedule. I 20 think the anticipated -- was near thc end of July when the 21 final reading of the annexation would take effect. We are ;22 also recommending that the property is zoned NR-2 :'23 neighborhood residential two upon annexation. With that, 24 I'd answer any questions you have have. 25 COMMISSIONER APPLE: Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 123 COMMISSIONER APPLE: We have a motion and a second. Any discussion? Vote, please. Motion carries 5-0. Now, we'll address the second part of that Agenda Item. Commissioner Mulroy. COMMISSIONER MULROY: Yes. Madam Chair, I propose to approve the zoning as presented. COMMISSIONER APPLE: I'll second. Any discussion? Vote, please. Motion carries 5-0. COMMISSIONER APPLE: Are them any items of business for future Agendas? We are adjourned. Page 122 1 Commissioner Roy. 2 COMMISSIONER ROY: Larry, could you show me 3 the proposed route for 2499 versus this site? 4 Ma. REICHHART: Perhaps, Mr. Salmon could 5 identify it. I'm a little bit more familiar when it comes 6 up here. But I think it's off to this side more, 7 Ma. SALMON: close enough. 8 COMMISSIONER ROY: okay. Thank you. 9 MR. REICHH~T: Approximately right there. 10 COMMISSIONER APPLE: commissioner Mulroy. 11 COMMISSIONER MULROY: ! lost track. Did 12 you close the public hearing? 13 COMMISSIONER APPLE: NO. Actually we 14 haven't even seen if there's anyone coming down to address 15 it. Do you not trove a question? 16 COMMISSIONER MULROY: NO. I'm ready to 17 move. 18 COMMISSIONEi~ APPLE: Hold that thought. Is 19 there anyone in the audience who wishes to address this 20 Agenda Item? Seeing no one coming forward, I'll close the 21 public heating. Cmmnissioner Mu[roy. 22 COMMISSIONER MULROY: YeS. Thanks, Madam 23 Chair. I move to approve thc proposed annexation as 24 presented. 25 COMMISSIONER ROY: second. PLANNING AND ZONING COMMISSION MAY 14, 2003 Page 12I - Page 123 ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 67.69 ACRES LOCATED IN THE J.C. BAKER SURVEY, ABSTRACT NO. 47, IN THE CITY OF DENTON, TEXAS TO THE NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED NORTH AND EAST OF TEASLEY LANE (FM 2181) AND WEST OF BLUE BONNETT, IN THE CITY OF DENTON; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATION THEREOF; AND AN EFFECTIVE DATE (Z03-0016). WHEREAS, the Demon Independent School District (DISD) has applied for the original zoning for an approximate 67.69 acres of land being annexed into the City of Denton, to Neighborhood Residential 2 (NR-2) zoning district classification and use; and WHEREAS, on May 14, 2003, the Planning and Zoning Commission recommended approval of the requested zoning; and WHEREAS, the City Council finds that the zoning is consistent with the Comprehensive Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the 67.69 acre property as described in the legal description attached hereto and incorporated herein as Exhibit "A" is hereby zoned to the Neighborhood Residential 2 (NR-2) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. 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 4. 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 on 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: Exhibit "A" ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE J.C. BAKER SURVEY ABSTRACT NUMBER 47, DENTON COUNTY, TEXAS AND BEING PART OF THE CALLED 13.404 ACRE TRACT DESCRIBED IN THE DEED FROM GLENN WAYNE GRAY, JR. ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 874 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, A PART OF THE CALLED 13.406 ACRE TRACT DESCRIBED IN THE DEED FROM BRANDON S. GRAY ET UX TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 870 OF THE SAID REAL PROPERTY RECORDS, A PART OF THE CALLED 13.387 ACRE TRACT DESCRIBED IN THE DEED FROM CHARLES RUDY ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 860 OF THE REAL PROPERTY RECORDS, AND THE CALLED 37.595 ACRE TRACT DESCRIBED IN THE DEED FROM CLAUDE D. ROACH ET AL TO DENTON INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 4088, PAGE 865 OF THE REAL PROPERTY RECORDS; THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT THE INTERSECTION OF THE CORPORATE LIMITS OF THE CITY OF DENTON ANNEXATION AS DESCRIBED IN ANNEXATION ORDINANCE NUMBER 87-119, WITH THE NORTH LINE OF THE SAID 13.404 ACRE DENTON INDEPENDENT SCHOOL DISTRICT TRACT, SOUTH 89 DEGREES 36 MINUTES EAST A DISTANCE OF 200 FEET FROM A 2 INCH STEEL FENCE CORNER POST AT THE NORTHWEST CORNER THEREOF ON THE EAST RIGHT-OF-WAY OF F.M. HIGHWAY 2181; THENCE SOUTH 89 DEGREES 36 MINUTES EAST WITH THE NORTH LINE OF THE SAID 13.404 ACRE TRACT A DISTANCE OF 1449 FEET, MORE OR LESS, TO A 1/2 INCH IRON ROD FOUND AT A FENCE CORNER POST AT THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00 DEGREES 39 MINUTES WEST WITH THE EAST LINE OF THE DENTON INDEPENDENT SCHOOL DISTRICT LANDS A DISTANCE OF 2124 FEET, MORE OR LESS, TO A 1 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 89 DEGREES 40 MINUTES WEST WITH THE SOUTH LINE OF THE 37.595 ACRE TRACT A DISTANCE OF 1095 FEET, MORE OR LESS TO ITS INTERSECTION WITH THE SAID CITY OF DENTON CORPORATE LIMITS; 3 THENCE NORTHERLY ACROSS THE DENTON INDEPENDENT SCHOOL DISTRICT LANDS WITH THE SAID CITY OF DENTON CORPORATE LIMITS, 250 FEET EAST OF AND PARALLEL WITH THE CENTER LINE OF F.M. 2181, THE FOLLOWING 4 CALLS: ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 896.28 FEET, AN ARC LENGTH OF 628.58 FEET, MORE OR LESS, (CHORD BEARING NORTH 25 DEGREES 12 MINUTES 05 SECONDS WEST A DISTANCE OF 615.78 FEET) TO THE END OF THE SAID CURVE; NORTH 05 DEGREES 06 MINUTES 36 SECONDS A DISTANCE OF 602.44 FEET, MORE OR LESS, TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2,755.54 FEET; ALONG THE ARC OF THE SAID CURVE, AN ARC LENGTH OF 235.38 FEET, MORE OR LESS, (CHORD BEARING NORTH 02 DEGREES 39 MINUTES 46 SECONDS WEST A DISTANCE OF 235.30 FEET) TO THE END OF THE SAID CURVE; NORTH 00 DEGREES 14 MINUTES WEST A DISTANCE OF 748 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING AND ENCLOSING 67.69 ACRES OF LAND, MORE OR LESS. AGENDA INFORMATION SHEET AGENDA DATE: July 22, 2003 DEPARTMENT: General Government CM/DCM/ACM: Betty Williams, Director of Management & Public Information Michael A. Conduff, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton, on second reading, amending Ordinance 99-094, adopting additional provisions related to the cable franchise authorized by Ordinance 99-094, which granted a cable televisions franchise within the city; providing for an extension to the term of the franchise agreement between Marcus Cable Associates, L.L.C. d/b/a Charter Communications and the City, providing for acceptance of the extension by Charter Communications; providing a cumulative clause; providing for a savings clause; providing a severability clause; providing for engrossment and enrollment; and providing an effective date. BACKGROUND: Our current cable television franchise agreement with Charter Communications (Charter) expires on December 15, 2003. The current 15-year franchise was initially granted to Sammons Communications on November 15, 1988, with the passage of ordinance #88-189. The franchise was transferred to Marcus Cable Associates in November 1995 (ordinance #95-191), and transferred again to Charter Communications in March 1999 (ordinance #99-094). The cable television franchise is regulated by the Denton Cable Television Ordinance 88-182 (Chapter 8 of the Code of Ordinances), the agreements signed by all three cable operators over the years, and by the Federal Cable Act. Currently, Charter pays the City a quarterly 5% franchise fee on all cable television service gross revenues. On December 21, 2000, Charter submitted to the City the required written notice requesting the commencement of the renewal process. The City began the renewal process by holding two public hearings to gain citizen input on determining the community's future cable-related needs, and review Charter's past performance. The City also formed a Cable Task Force, with representatives from various community stakeholders, to assist in identifying needs and assessing Charter's performance. The City hired C2 Consulting to assist in making a determination of Charter's financial, legal and technical capabilities to meet our future needs. Upon completion, the results of these activities will be reported to council. During the renewal process an audit was conducted for the period January 1997 through June 2002 to determine if all franchise fees had been paid to the City as required. The audit revealed that Charter in fact owed franchise fees and the City sent a Notice of Violation letter demanding payment of approximately $62,628. Charter responded that they agree that some franchise fees are due, but disagree on the amount. The City continues to work with Charter on resolution of this issue. ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989) 7/14/03 Cable Franchise Extension Page 2 of 3 The performance review process also revealed that some customer service issues existed. In July 2002, Denton joined several other cable consortium cities in contracting C2 Consulting to conduct an audit of Charter's three call centers from January 2001 to June 2002. The audit revealed that Charter was not in compliance with the telephone customer service standard for the audited period. The audit also revealed that Charter had destroyed all telephone call data prior to January 2002 for the Denton Call Center. The unavailability of this data is extremely significant in that the City could not verify any of the statistics reported prior to January 2002, and the statistics that were reported to the City during the period available showed gross inaccuracies. The gross inaccuracies included Charter's inability to tie the raw data on the number of calls answered within 30 seconds, and adjusted for abnormal operating conditions, to the final figures reported to the City. In April 2003, Denton joined several other cable consortium cities in submitting Notice of Violation letters to Charter and assessing liquidated damages as allowed by the franchise agreement. Denton assessed $828,790 in damages. Charter has had several informal meetings with Denton on this issue with no resolution. This item is planned to come before council on August 19, 2003 with a recommendation for an administrative hearing as allowed by the franchise agreement. On March 14, 2002, the Federal Communications Commission (FCC) settled the debate over the regulatory classification of cable modem service and launched proceedings to examine the proper regulatory treatment of this service. In a Declaratory Ruling, the FCC concluded that cable modem service is an information service and therefore not subject to FCC jurisdiction. The FCC further determined that cable modem service is not a "cable service" as defined by the Communications Act and is thus not subject to local franchising authority regulation. As a result of this, on March 29, 2002, Charter submitted a letter to the City stating that they will no longer collect franchise fees on cable modem service, thus these revenues will not be included in the gross revenues from which franchise fees are calculated. This has had a significant negative impact on the franchise revenues that the City collects from Charter. The City sent a demand letter in April 2002, but to date Charter has not paid franchise fees on the cable modem service. The Alliance of Local Organizations Against Preemption has brought this issue before the Ninth Circuit Court of Appeals, and we anticipate a ruling by the end of the year. On June 2002, Charter filed a petition for special relief with the FCC requesting that they find that effective competition exists in the City of Denton. This would take away the rate regulation authority that the City currently has over some of Charter's rates, and it would allow Charter to charge different prices in different parts of the city. In September 2002, the FCC granted Charter's petition, and the City filed an appeal. In May 2003, the FCC denied the City's appeal, so the City filed an application for review directly with the FCC Commissioners. This matter may take a year or more before it is resolved. Due to these and other outstanding issues with Charter, staff feels that extension of the current cable television franchise should be pursued while the notice of violations against Charter are ADA/EOE/ADEA www.citvofdenton.com (TDD 800-735-2989) 7/14/03 Cable Franchise Extension Page 3 of 3 resolved. Charter has agreed to a one and one-half (1 ½) year extension of the current franchise as long as the City continues to engage in renewal discussions. OPTIONS: 1) Approve the ordinance extending the terms of the current cable television franchise agreement between the City and Charter to June 15, 2005, or the date upon which the City grants or denies a franchise renewal to Charter, whichever occurs first. 2) Deny the ordinance and direct staff to continue working on renewal negotiations with Charter. RECOMMENDATION Staff recommends option #1 PRIOR ACTION/REVIEW (Council~ Boards~ Commission): 1) 2) 3) 4) Council Work Session, December 1, 2001 Charter Franchise Renewal Public Hearing on January 17, 2002 Charter Franchise Renewal Public Hearing at Council Regular Meeting on February 5, 2002 Council Regular Meeting, First Reading of Ordinance, July 15, 2003. FISCAL INFORMATION: City will continue to receive 5% of Charter Communications gross revenues as franchise fees. Respectfully submitted: B~tty W~lliams Director of Management and Public Information Prepared by: J~C~brale~ Jr. Pu'l~ic Information Officer Attachments 1. Ordinance ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989) SSOur Documeuts\Ordinances\03~Franchise Extension,DOC ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO; 99-094, ADOPTING ADDITIONAL PROVISIONS RELATED TO THE CABLE FRANCHISE AUTHORIZED BY ORDINANCE 99-094, WHICH GRANTED A CABLE TELEVISION FRANCHISE WITHIN THE CITY; PROVIDING FOR AN EXTENSION TO THE TERM OF THE FRANCHISE AGREEMENT BETWEEN MARCUS CABLE ASSOCIATES, L.L.C. ANrD THE CITY, PROVIDING FOR ACCEPTANCE OF THE EXTENSION BY MARCUS CABLE ASSOCIATES, L.L.C., PROVDING A CUMULATIVE CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, (the "City") is emPowered under {}51.001 of the Texas Local Government Code to adopt an ordinance or role that is for the good government of the City; and WHEREAS, the City of Denton granted a cable television franchise to Sammons Communications, Inc. ("Sammons") pursuant to Ordinance No. 88-189 passed by City Council on November 15, 1988 and duly accepted by Sammons which incorporates the provisions of Chapter 8 "Cable Television" of the Code of Ordinances of the City of Denton; and WHEREAS, the City's Ordinance No. 95-191 consented to the transfer and assi~ment of the Franchise and the cable television system in the City from Sammons to Marcus Cable Associates, L.P. subject to the terms and conditions set forth in the Ordinance and in an Acceptance Agreement dated September 12, 1995. (Ordinance Nos. 88-189 and 95-191 and the Acceptance Agreement of September 12, 1995 are hereinafter referred to collectively as the "Franchise"); and WHEREAS, the City's Ordinance No. 99-094 consented to the transfer and assignment of the Franchise and the cable television system in the City from Marcus Cable Associates, L.P. to Charter Communications subject to the terms and conditions set forth in the Ordinance and in an Acceptance Agreement dated March 23, i999; and WHEREAS, on March 23, 1999, the City adopted Ordinance No. 99-094 granting a cable television franchise within the City with an expiration date of December 15, 2003. WHEREAS, it is the desire of the City of Denton and is mutually agreeable to Marcus Cable Associates, L.L.C., dgo/a Charter Commumcations, to extend the terms of the current franchise agreement, as provided for and in accordance with all applicable law, until the earlier of either June 15, 2005, or the date upon which the City grants or denies franchise renewal, consistent with the provisions of Section 626 of the Cable Communications Policy Act of 1984, as amended [47 U.S.C. § 546], whichever occurs first. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Incorporation of Preamble. The above and foregoing preamble is incorporated into the body of this Ordinance as if copied herein in its entirety. SECTION 2. Amendment Extending Agreement Term. Marcus Cable Associates, L.L.C. d/b/a Charter Communications ("Charter") currently has an existing cable franchise ("Franchise") with the City of Denton, Texas, under Ordinance No. 99-094, which was passed and approved by the City Council on March 23, 1999. Pursuant to such Ordinances, this Franchise is due to expire on December 15, 2003; however, the City and Charter hereby mutually agree to be bound by the terms of this franchise either until June 15, 2005, or until such time as the City shall formally grant or deny franchise renewal, consistent with the provisions of Section 626 of the Cable Communications Policy Act of 1984, as amended [47 U.S.C. § 546], whichever occurs first. The extension of time, as agreed to by both parties, shall not operate to materially modify, revoke or terminate any fights previously granted in the original franchise contract. AccordinglY the City and Charter agree to extend the terms of the Franchise until the earlier of either June 15, 2005, or the date upon which the city grants or denies franchise renewal, consistent with the provisions of Section 626 of the Cable Communications Policy Act of 1984, as amended [47 U.S.C. § 546], whichever occurs first. This ordinance hereby amends Ordinance No. 99-094, an amendment to Ordinance No. 95-191 and all other amending ordinances thereto; in the particulars stated in Section hereof, and all other sections, subsections, paragraphs, sentences, phrases and words of such Ordinances are not amended by are hereby ratified and affirmed. SECTION3. By its signature below, Charter, the Grantee, hereby agrees that consideration, the receipt and sufficiency of which is hereby acknowledged, has been provided for by the changes made herein, and agrees to be bound by and comply with such changes. Charter further represents and agrees that the person signing below on behalf of Charter is the properly authorized official of that corporation and has the necessary authority to execute this document and further certifies to the City that any necessary resolution or other act extending such authority has been duly passed and is now in full force and effect. SECTION 4. This Ordinance shall be cumulative of ali other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 5. All rights and remedies of the City of Denton, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting cable fi:anchises which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be pros~uted until final disposition by the courts. SECTION 6. 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 competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town 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 7. The City Secretary of the City of Denton is hereby directed to engross and enroll this Ordinance by copying the exact caption and effective date in the minutes of the City Council and by filing this Ordinance in the ordinance records of the City. SECTION 8. In accordance with Section i3.02 of the City Charter, this ordinance shall become effective twenty-one days after final approval. The full text of this ordinance shall be published once each week for two consecutive weeks in the official newspaper of the City, the entire expense of which shall be borne by Charter. The City Secretary is hereby directed to publish the fhll text of this ordinance i:n such official newspaper of the City once each week for two consecutive weeks inunediately following the passage of this ordinance on second reading. PASSED AND APPROVED this the day of .,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EUL]NE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY The City of Denton, Texas, acting herein by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading on the day of _, 2003; and passed on second reading on the ~ day of ,2003; and passed on third reading on the ~ day of ,2003; and being finally effective as of the . day of ,2003. /s/ Euline Brock, Mayor /s/ Pete Kamp, Council Member /s/ Bob Montgomery, Council Member /s/ Jack Thomson, Council Member /si Mark Burroughs, Council Member /s/ Perry McNeilI, Council Member /s/ Raymond Redmon, Council Member The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the __ day of ,2003, at a regular session of the City Council. Euline Brock, Mayor, voting Mark Bourroughs, Council Member, voting Pete Kamp, Council Member, voting Perry McNeill, Council Member, voting Bob Montgomery, Council Member voting Raymond Redmon, Council Member, voting Jack Thomson, Council Member, voting The above and foregoing ordinance read, adopted on second reading and passed to third reading by the following votes, this the ~ day of ~ 2003, at a regular session of the City Council. Euline Brock, Mayor, voting Mark Bourroughs, Council Member, voting Pete Kamp, Council Member, voting Perry McNeill, Council Member, voting Bob Montgomery, Council Member voting ~ Raymond Redmon, Council Member, voting __ Jack Thomson, Council Member, voting ~ The above and foregoing ordinance read, adopted on third reading and passed by the following votes, this the ~ day of ,2003, at a regular session of the City Council. ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the ,2003, enact an Ordinance entitled: day of AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 99-094, ADOPTING ADDITIONAL PROVISIONS RELATED TO THE CABLE FRANCHISE AUTHORIZED BY ORDINANCE 99-094, WHICH GRANTED A CABLE TELEVISION FRANCHISE WITHIN THE CITY; PROVIDING FOR AN EXTENSION TO THE TERM OF THE FRANCHISE AGREEMENT BETWEEN MARCUS CABLE ASSOCIATES, L.L.C. AND THE CITY, PROVIDING FOR ACCEPTANCE OF THE EXTENSION BY MARCUS CABLE ASSOCIATES, L.L.C., PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, said Ordinance was on the ~ day of ., 2003, duly approved and subscribed by the Mayor of said City, and the seal of said City was thereto affixed and attested to by the City Secretary; NOW, THEREFORE, Charter, hereby in all respects ACCEPTS, APPROVES AND AGREES TO said Ordinance, and the same shall constitute and be a binding contractual obligation of Charter, and of the City, without waiver of any other remedy by Charter, does hereby file this, its written acceptance, with the City Secretary of the City of Denton, Texas, in her office. DATED this the __ day of ,2003. Charter Communications ATTEST: By: AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: July 22, 2003 City Manager's Office Mike Conduff, City Manager SUBJECT Consider nominations/appointments to City's Boards and Commissions. BACKGROUND Nominations are needed for the attached boards and commissions. If Council desires, it can waive the rules of procedure and vote on any nominations made at this meeting. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary Board Council Nomination Member Human Services Montgomery Brock Library Board Redmon Planning and Zoning Commission Redmon Kamp McNeill Brock Public Utilities Board Redmon Kamp Montgomery Brock Zoning Board of Adjustment Alt. 3 -All HANDOUT TO COUNCIL Fiscal attd Municipal Services * 215 E. McKinney * Denton, TX 76201 (940) 349-8288 * DFff/Metro (972) 434-2259 * Fax (940} 349-7206 MEMORANDUM DATE: TO: FROM: SUBJECT: July 22, 2003 Honorable Mayor and Members of City Council ~ Kathy DuBose, Assistant City Manager Fiscal and Municipal Services Agenda Consent Item A-H: Preventive Maintenance Services Attached is a copy of the bid tabulation sheet for Bid 3023 for Preventative Maintenance Services. It was inadvertently left out of the agenda back up for this item. I apologize for any inconvenience. Thank you. Attachment - Bid 3023 cc: Michael A. Conduff, City Manager Herbert Prouty, City Attorney Jennifer Walters, City Secretary "Dedicated to Quality Service" www. cityofdenton,com BID # 3023 Attachment 1 DATE: MAY 29, 2003 PREVENTIVE MAINTENANCE SERVICES .VENDOR VENDOR VENDOR =" VENDOR Lone Star USA Lube & Tune Lubrication dba: Tune Up Masters S & T Kell dba ]iffy Lube Express Care Principle Place of Business: Police Cruiser Se~ice ( A Type Se~[ce) ; ~' :;.'Miles.';~;~'~;;~ B. Change Fuel Filter (Eve~ 320.00 349.99 334.99 324.99 Se~ice for Cars, 1/2 Toc 2 Pick-ups, 3/4 Ton PEck- ups, Vans (with gasoline enqines) B. Change Fuel Filter (Ever $20.00 $49.99 $34.99 $24,99 ~0,000 Nilep) Se~ice for Z/2 Ton Ptck-~ 3 ups, 3/4 Ton Pick-ups & Vans (with diesel ., englnes)~ ~ B. Change Fuel Filter (Evew $64.99 $49.99 See Spec. Sheel $49.99 t0,O00 B. Addi[ional Oil per qua~ $2.50 $3.00 See Spec, Sheel $3.25 Automatic T~nsmission A, 5e~ice $72,99 No Bid 399,99 $49.99 ;:; ~utomatlce ~ransmission C. Coolan~ Flush $52.99 $59,99 $52.99 $45.99-$55.99 D. Fuel Injector Flush:. ~; :$59. :: ': ' Shipment 2 Days 2 Day