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March 25, 2003 Agenda
AGENDA CITY OF DENTON CITY COUNCIL March 25, 2003 After determining that a quorum is presem, the City Council will convene in a Work Session on Tuesday, March 25, 2003 at 5:45 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Requests for clarification of consem agenda items listed on the consem agenda for today's City Council regular meeting of March 25, 2003. NOTE: The City Council reserves the right to adjourn imo a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended. Regular Meeting of the City of DeNon City Council on Tuesday, March 25, 2003 at 6:30 p.m. in E. McKinney Street, Denton, Texas at which the the Council Chambers at City Hall, 215 following items will be considered: e e PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. March Yard-of-the-Month Awards C. Recognition of staff accomplishments CITIZEN REPORTS A. Receive citizen reports from the following: 2. 3. 4. 5. 6. 7. Carolyn Phillips: new horizon and building permits. Peternia Washington: prelude to the Southeast Denton Small Area Plan. Willie Hudspeth: minority hiring. John Latta: Rancho Vista Addition and zoning on Emery Street. Sheryl Woods: ExHale Services. Kathy Copeland: Rancho Vista Subdivision and zoning on Emery Street. Nancy Slack: Emery Street curb cuts and six foot screening. City of DeNon City Council Agenda March 25, 2003 Page 2 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-O). This listing is provided on the Consem Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda. If no items are pulled, Consem Agenda Items A-O 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 Consem Agenda. mo Consider approval of the minutes of February 11, 2003, February 18, 2003, and March 4, 2003. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of electrical secondary connection pedestals and polymer concrete transformer pads; providing for the expenditure of funds therefore; and providing an effective date (Bid 2957 - Annual Price Agreemem for Electrical Secondary Connection Pedestals and Polymer Concrete Transformer Pads awarded to the lowest responsible bidder in the estimated amoum of $100,513.75). Co Consider adoption of an ordinance authorizing the purchase of Mobile Data Computers, service, and installation from L&E Mobile Computers and Mounts, Inc., a QISV supplier, and financing with Governmem Capital Corporation through a lease/purchase financing agreemem; providing for the expenditure of funds therefore; and providing an effective date (File 2998 - Lease/Purchase of Mobile Data Compmers in an annual amoum not to exceed $189,700.30 per year for a four year total of $758,801.20). Do Consider adoption of an ordinance awarding a comract for the purchase of services, software, hardware, and annual maimenance for the installation, configuration, and support of an IP-telephony based Integrated Contact Distribution Solution as awarded by the State of Texas Building and Procurement Commission through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2961 to Spanlink Communications, Inc. in the amoum of $114,700). mo Consider adoption of an ordinance of the City of DeNon, Texas approving an agreement between the City of Denton and the North Texas Umpire Association; approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from requirements of competitive bids; and providing an effective date (File 2997 - Agreemem With North Texas Umpire Association in the amoum of $40 per game for an estimated award of $44,000). City of Demon City Council Agenda March 25, 2003 Page 3 Fo Consider adoption of an ordinance accepting competitive bids and awarding a comract for the remal of a landfill dozer/tractor; providing for the expenditure of funds therefore; and providing an effective date (Bid 2974 - Remal of Landfill Dozer/Tractor awarded to Hertz Equipment Rental Corp. in the amount of $6375 per month). Go Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of truck washing services for Denton Municipal Electric (DME); providing for the expenditure of funds therefore; and providing an effective date (Bid 2975 - Truck Washing for DME awarded to Turk's Mobile Detailing in the lowest responsive amoum for each item as listed). Ho Consider approval of a resolmion of the City of Demon, Texas, authorizing the submission of a gram application to the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding for the Denton Teen Court Program for juveniles; and providing an effective date. Consider adoption of an ordinance of the City of Demon authorizing an agreement between the City of Denton, Texas and The Denton Festival Foundation for supplememal funding for the 2003 Demon Arts and Jazz Festival, providing for the expenditure of funds therefore, and providing for an effective date. Jo Consider adoption of an ordinance of the City of Demon, Texas, amending sections 18-151 and 18-152 of the Code of Ordinances of the City of Demon, Texas to delegate the authority to enforce parking laws to the University of North Texas Police Department adding Kendolph Street between Eagle Drive and Wilshire Street, authorizing the City Manager to sign an Interlocal Agreement between the City of Demon and the University of North Texas for the enforcemem of parking regulations by the University of North Texas in the areas described within this ordinance; providing for a severability clause; providing for a savings clause; and providing for an effective date. Ko Consider adoption of an ordinance of the City of Demon, Texas approving and authorizing the Mayor to execute an agreement between the City of Denton and the County of Denton for the rental of voting machines, equipment, supplies; programming for the tabulation of votes and the establishment of a Central Counting Station; and providing an effective date. Lo Consider adoption of an ordinance approving a commercial operator Airport Lease Agreement between the City of Denton and JVC Real Estate; and providing an effective date. Mo Consider adoption of an ordinance approving a real estate exchange agreement between the City of Demon, Texas and Craig Irwin and Dale Irwin for two parcels of land each being 0.294 acres situated in the Moreau Forrest Survey, Abstract Number 417, Denton County, Texas, for the purposes of a property line City of DeNon City Council Agenda March 25, 2003 Page 4 adjustment for fencing activities by the Wastewater Department; authorizing the expenditure of funds therefore; and providing an effective date. Consider adoption of an ordinance of the City of DeNon, Texas, graining approval of a sub-surface use of North Lakes Park, Denia Park, and the Airport Open Space Park for the purpose of an oil and gas non-drilling/pooling agreemem within the City of DeNon, Texas; and providing an effective date. Consider adoption of an ordinance of the City of DeNon, Texas, authorizing the re-advertisemem for a non-drilling, paid-up pooling agreemem for an oil and gas lease agreemem for South Lake Park within the City of DeNon, Texas; and providing an effective date. 5. PUBLIC HEARINGS Hold a public hearing and consider adoption of an ordinance approving a Specific Use Permit (SUP) for a childcare facility on approximately 0.7 acres. The site, commonly known as 320 Mill Street, is generally located on the south side of Mill Street opposite Cook Street. The property is in a Neighborhood Residemial 3 (NR-3) zoning district. A childcare facility is proposed. The Planning and Zoning Commission recommends approval with conditions (4-3). (Z02-0063) Hold a public hearing and consider adoption of an ordinance approving an Alternative Developmem Plan for approximately 77 acres. The property is in a Neighborhood Residemial 2 (NR-2) zoning district and in the Extra Territorial Jurisdiction (ET J) of the City of DeNon. The property is generally located on FM 2181 (Teasley Lane) southeast of Leatherwood Road and west of Bluebonnet Road. A high school and facilities are proposed. The Planning and Zoning Commission recommends approval with conditions (7-0). (:tDP03-O00O Hold a public hearing and consider adoption of an ordinance for rezoning of approximately 7.1 acres from a Neighborhood Residemial 6 (NR-6) zoning district to a Neighborhood Residemial Mixed-Use (NRMU) zoning district. The property is generally located on the east side of South Bonnie Brae Road and east of the proposed future extension of Vimage Boulevard. Neighborhood retail uses are proposed. The Planning and Zoning Commission recommends approval (7-0). (Z03-0002) Hold a public hearing and consider adoption of an ordinance amending Sub- Chapter 5 of the Development Code, specifically the size limitation for Professional Services and Offices within the Regional Cemer Commercial Neighborhood (RCC-N) zoning district. The Planning and Zoning Commission recommends approval (7-0). (SI03-O00O Hold a public hearing to consider the amendmem of land use assumptions, a capital improvemems plan and the imposition of an amended impact fee. City of DeNon City Council Agenda March 25, 2003 Page 5 6. ITEMS FOR INDIVIDUAL CONSIDERATION mo Consider adoption of an ordinance of the City of DeNon, Texas amending Section 22-31 "Prohibited Acts" of the Code of Ordinances of the City of DeNon to add a paragraph (13) to limit the use of tobacco products during youth athletic activities on or adjacem to city athletic fields; providing for a penalty of a fine not to exceed five hundred dollars for each offense in violation of the ordinance; providing a severability clause and an effective date. Consider adoption of an ordinance of the City of DeNon, Texas approving an Interlocal Cooperation Agreement between the City of Denton and the Denton County Transit Authority for the provision of managemem and planning services for the implementation of mass transportation in Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. Co Consider approval of a resolmion authorizing the City Manager, or his designee, as Denton's authorized representative, to accept on behalf of the City of Denton an offer from the Texas Departmem of Transportation (TxDOT) relating to a grant for certain improvements to the Denton Municipal Airport; confirming agreement to pay a portion of the total project costs; and providing an effective date. Do New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. mo Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Fo Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Go 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 1N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE iNTERPRETERS FOR THE HEAR1NG IMPAIRED IF REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEET1NG. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALL1NG 1-800-RELAY-TX SO THAT A SIGN LANGUAGE iNTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. 03/25/03 #4A CITY OF DENTON CITY COUNCIL MINUTES February 11, 2003 After determining that a quorum was presem, the City Council convened in a Planning Session on Tuesday, February 11, 2003 at 4:30 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Brock, Mayor Pro Tem Burroughs, Council Members Fulton, McNeill, Montgomery, Phillips, Redmon ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding a multi-year financial forecast, municipal operations funding, budget process, and capital items. Kathy DuBose, Assistam City Manager of Fiscal and Municipal Services, reviewed the financial makeup of the City. She stated that the City's budget was made up of Utilities, Debt Service, General Fund, Imemal Services (captures the cost of services provided), and Other (represems grams and contributions). DuBose stated that the General Fund was made up of the following Major Departmems that serviced the community - Police, Fire, Streets/Traffic/Engineering, Parks, and Library. These made up 75% of the General Fund budget. She reviewed the appraisal roll comparisons for the past several years. Property tax was 21% of the General Fund budget. Sales tax was about 27% of the General Fund budget. DuBose stated that Assumptions were based on Revenues, Expenditures, and the Capital Improvemem Program. Revenues included: No property tax rate increase. Sales Tax increase at 3%. Franchises - Electric, Water and Wastewater Utilities based on rate revenue. External Utilities based on 5% growth. Fines, Fees, Licenses, Permits, and Miscellaneous Revenues increases ranged from 2% to 5%. Return on Investmem based on Utility Revenue projections. Expenditures included: No personal services increases for next fiscal year and 4% for years 2-5. Health insurance increase at 30% for next fiscal year and 20% for years 2-5. Electric, Water, Wastewater, and Solid Waste based on Utilities projections. Lone Star Gas increase at 5%. No new positions except for Capital Improvemem Program (CIP) related. Ross Chadwick, Fire Chief, reviewed some of the changes proposed in the Capital Improvemem Program. He stated that based on the low call activity in the area and unknown alignmem of the connector road between 1-35 and 377, construction of Fire Station 7 would be postponed umil 2006. The hiring of 15 firefighters scheduled for 2003 would be postponed umil 2005. Chadwick stated that the City would provide training for a Citizen Emergency Response Team for the southwest portion of the city and an imerlocal agreemem with the Argyle Fire Department for ambulance services. Chadwick stated that the Fire Departmem would purchase land for a fire training facility and design the facility in 2003. Construction of the facility would be scheduled for 2004. A training chief would be hired in 2003. A medic for Station 7 would be hired after 2007. City of DeNon City Council Minutes February 11, 2003 Page 2 Mayor Brock requested a report on the ISO rating. DuBose stated that renovations to the Emily Fowler Library would be completed in 2005. Staff from Emily Fowler would be moved to the North Branch Library while Emily Fowler was being renovated. No new employees would need to be hired for the North Branch Library next fiscal year. DuBose stated that for ad valorem growth they tried to maintain 9% over the forecast. She stated that the budget priorities established during the budget process last year were economic development, street maintenance, public safety training, and compensation-year 1. Jim Coulter, Director of Water Utilities, briefed the Council on Street Maintenance. He stated that the currem policy of deferring maimenance could cost the City $11-12 million per year. He stated that at the current street maintenance budget, streets would deteriorate faster than they could be maimained. An increase of materials budget for streets would reduce the cost of deferred maimenance. DuBose reviewed the unfunded needs: street maimenance, no compensation for year 1, and new positions - related to growth. Council Member McNeill stated that he was not comfortable with not adding any positions for police and fire as the city grew. Council Member Phillips felt there was a need to do an overall managemem study, take a look at all departments and the alignment of them. Howard Martin, Assistam City Manager of Utilities, reviewed the impact fee/rate options for water utilities. He stated that the Public Utilities Board recommended utilizing the calculated credit methodology. With this option, there would be a small rate increase in 2005. Martin stated that staff recommended using the calculated credit methodology for meters over 3". He stated that PUB recommended two separate impact fee zones for wastewater to include Hickory/Pecan Creek and Clear Creek. With this option there would be a small rate increase in 2007. Mayor Brock stated that previous councils, when looking at new growth, had expressed their desire to not penalize existing residents with raised taxes but look at possible impact fees for new residents to pay. Martin reviewed the Solid Waste rate projections. Mike Conduff, City Manager, recapped budget concerns for the Council: Streets were a priority item. If funding could be found, the Council was still imerested in a managemem study. Salary increases for employees was still a concern. The Council also expressed concern aborn being the most expensive city in the area for impact fees. City of Demon City Council Minutes February 11, 2003 Page 3 With no further business, the meeting was adjourned at 6:45 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 18, 2003 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 18, 2003 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None. 1. The Council received a report, held a discussion, and gave staff direction regarding the annual audit. Anna Mosqueda, Director of Management and Budget, stated that the annual audit for the year ended September 30, 2002 had been completed, and introduced Terry Kyle with Deloitte and Touche. Kyle presented the Comprehensive Annual Financial Report, Report to Management, and Single Audit Reports. He stated that the Audit Committee had unanimously approved these reports. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of February 18, 2003. Following the completion of the Work Session, the Council convened in a Closed Meeting. 1. The Council considered the following in Closed Meeting: A. Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551.074. Evaluation of Municipal Judge Evaluation of City Attorney Evaluation of City Manager Regular Meeting of the City of Denton City Council on Tuesday, February 18, 2003 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS Mayor Brock Mayor presented the following proclamations: FFA Week Severe Weather Awareness Week Surveyor's Week The February Yard-of-the-Month Awards were presented to: Ron and Elaine Fannin Michael Powers Woodie and Shirley Newell City of DeNon City Council Minutes February 18, 2003 Page 2 Don Gray The Martin Family John and Sherry Hardin Bob and Joyce Cory C. City Manager Conduffpresemed recognition of staff accomplishmems. 3. CITIZEN REPORTS A. Receive citizen reports from the following: 1. Stacey Mitchel: a low cost pet sterilization and vaccination program. Ms. Mitchel briefed the Council on a low cost pet sterilization and vaccination program they had started in Denton. 2. Willie Hudspeth: minority hiring and concerns for southeast Denton. Mr. Hudspeth spoke about minority hiring in DeNon. He stated that he would feel better if the Council had more say in hiring. He stated that the City had never had an African American firefighter. He also voiced concerns about smoking at the east emrance of City Hall. Street. Nell Yeldell: cement batch plant and noise it generates; and the history of Prairie Ms. Yeldell was not present at the meeting. 4. CONSENT AGENDA Redmon motioned, McNeill seconded to approve the Consem Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 2003-047 - An ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager to execute a professional services agreemem with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 03-C, regarding additional professional services relating to the DeNon Municipal Electric Transmission Cost of Service Filing and Hearing with the Public Utilities Commission of Texas; authorizing the expenditure of funds therefor; and providing an effective date. 2003-048 - An ordinance of the City of Demon, Texas, authorizing the Mayor, or in the Mayor's absence, the Mayor Pro Tem, to execute an extension to an Interlocal Cooperation Agreement between the City of Denton, Texas and the Denton Independent School District regarding the lease of excess dark fiber optic capacity from the City to the DeNon Independem School District in connection with the implementation of the Denton Independent School District wide area City of DeNon City Council Minutes February 18, 2003 Page 3 network; authorizing the expenditure of funds therefore; providing for retroactive ratification, approval and confirmation thereof. Co 2003-049 - An ordinance of the City Council of the City of DeNon, Texas, authorizing the City Manager or his designee to execute a one-year extension to the Depository Services Contract with Texas Bank; and providing an effective date. Do 2003-050 - An ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of DeNon; and providing for an effective date. mo 2003-051 - An ordinance directing the issuance and publication of Notice of Sale of City of DeNon General Obligation Bonds; and providing for an effective date. Fo 2003-052 - An ordinance accepting competitive bids and awarding a public works contract for the construction of a metal storage building at the Denton Municipal Electric yard; providing for the expenditure of funds therefore; and providing an effective date (Bid 2947 - Metal Storage Building at DME Yard awarded to Jones and Jeffery Construction Co., Inc. in the amouN of $131,638). Go 2003-053 - An ordinance awarding a coNract for the purchase of LED traffic signal lights and pedestrian couNdown lights as awarded by the State of Texas Building and ProcuremeN Commission through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2973 to Amtech Lighting Services in the amouN of $343,500 for a five year period). Ho 2003-054 - An ordinance accepting competitive bids and awarding a coNract for the purchase of fleet vehicles; providing for the expenditure of funds therefore; and providing an effective date (Bid 2935 - Fleet Vehicles 2003 awarded to the lowest responsible bidder for each item in the amouN of $159,879.25). 2003-055 - An ordinance accepting competitive bids and awarding a coNract for the purchase of tree trimming services for the Denton Municipal Electric Division; providing for the expenditure of funds therefore; and providing an effective date (Bid 2945 - Tree Trimming for DME awarded to Asplundh Tree Expert Co. in the estimated amouN of $138,000). Jo 2003-056 - An ordinance accepting competitive bids and awarding a coNract for the purchase of ongoing U.S. Mail services for the City of DeNon; providing for the expenditure of funds therefore; and providing an effective date (Bid 2948 - Mailing Service awarded to Unlimited International Mailing, Inc. in the estimated amouN of $33,000). Ko 2003-057 - An ordinance accepting competitive bids and awarding a coNract for the purchase of a track type tractor/dozer; providing for the expenditure of funds City of DeNon City Council Minutes February 18, 2003 Page 4 therefore; and providing an effective date (Bid 2952 - Track Type Tractor/Dozer awarded to Holt CAT in the amoum of $515,043). An exaction variance of Section 35.19.6(c)1 of the Code of Ordinances concerning drainage, specifically underground storm sewer requiremems. The 17.94-acre parcel is located on the south side of Audra Lane between Nottingham Drive and Mockingbird Lane. The property is located in a Neighborhood Residemial 2 (NR-2) zoning district. A single-family residence is proposed. The Planning & Zoning Commission recommends approval of the variance with conditions 6-0. (V02-0031, Audra Oaks) 2003-058 -An ordinance of the City Council of the City of DeNon, Texas calling a Public Hearing of the DeNon City Council on Land Use Assumptions, a Capital Improvements Plan, and Proposed Amendment to Impact Fees related to the possible adoption of Amended Water and Wastewater Impact Fees in accordance with Chapter 395 of the Texas Local Governmem Code; requiring the City Secretary to post notice of the public hearing and to provide additional notice of the public hearing as set forth in the body of this ordinance; and providing an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit to allow outdoor recreation use on approximately 84 acres located in a Neighborhood Residemial Mixed Use 12 (NRMU-12) zoning district. The property was located north of Edwards Road, east of 1-35. A nine-hole golf course and 480 multi-family apartmem units were proposed. The Planning and Zoning Commission recommended approval 6-0. (Z02- 0060, The Timbers at DeNon) Larry Reichhart, Assistant Director of Planning and Development, stated that in the NRMU-12 zoning district a Specific Use Permit was required for any outdoor recreational use. Staff had received two responses from property owners within 200 feet of the site, one neutral and one in opposition. Current opposition was less than 20%. Reichhart stated that P&Z had recommended approval 6-0 with two conditions. The revised site plan submitted to P&Z does not change in regard to prohibiting apartments on the eastern portion of the site. Water Utilities was to reach an agreement with the applicant concerning the ESA issues and the golf course maimenance. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Kim Fugitt, with the Lindsey Company, spoke in support of the proposed community. Ronald Linam, 2108 Malone, spoke in support. Tiffany Haertling, 150 Canyon Oak, Argyle, spoke in opposition. She stated that her cliem, Wade Willis, requested that no more than 30% of the upland habitat be removed and that an entrance to the west of the overall development be required. City of Demon City Council Minutes February 18, 2003 Page 5 The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-059 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A SPECIFIC USE PERMIT IN A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING OUTDOOR RECREATION, BEING A NINE-HOLE GOLF COURSE ON AN APPROXIMATE 84 ACRE SITE LOCATED NORTH OF EDWARDS ROAD, EAST OF 1-35 WITHIN THE GIDEON WALKER SURVEY, IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0060) Fulton motioned, McNeill seconded to approve the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance approving an Alternative Development Plan for approximately 84 acres located in a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The property was located north of Edwards Road, east of 1-35. A nine-hole golf course and 480 multi-family apartment units were proposed. The Planning and Zoning Commission recommended approval 7-0. (SP02-0009, The Timbers at Demon) Larry Reichhart, Assistant Director of Planning and Development, stated that the applicant was requesting the Alternative Development Plan to allow a nine-hole golf course, clubhouse, and 480 multi-family residential units. The proposed Alternative Development Plan, as submitted, was not compatible with The Denton Plan and surrounding land uses. He stated that staff had received two responses from property owners within 200 feet of the subject site, one in opposition and one neutral. Current opposition was less than 20%. The Mayor opened the public hearing. The following individual spoke during the public hearing: Ken Fugitt, with the Lindsey Company, spoke in support of the project. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-060 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN ALTERNATIVE DEVELOPMENT PLAN FOR A NEIGHBORHOOD RESIDENTIAL City of Demon City Council Minutes February 18, 2003 Page 6 MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING ALTERNATIVE PARKING LOCATIONS, ORIENTATION, AND FACADE DESIGN FOR AN APPROXIMATELY 84 ACRE SITE LOCATED NORTH OF EDWARDS ROAD EAST OF 1-35 WITHIN THE GIDEON WALKER SURVEY, IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (SP02-0009) Burroughs motioned, McNeill seconded to approve the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance creating a Special Sign District for a 6.71-acre site, commonly known as the Southern Hills Plaza developmem. The property was generally located at the southwest corner of Brinker Road and Colorado Boulevard with street frontage on I35E South. The purpose of the Special Sign District was to allow signage to deviate from the requirements of Subchapter 15 of the Development Code, formerly Chapter 33 of the Code of Ordinances, the Sign Ordinance. The Planning and Zoning Commission recommended approval 5-2. (SD02-0003, Southern Hills Plaza) Larry Reichhart, Assistant Director of Planning and Development, stated that the applicant's proposal would decrease the overall number of proposed signs along Brinker Road but was proposing an area and height increase of all permitted signs. He was requesting one pole sign 40 feet tall and 432 square feet in size, and 2 monument signs 10 feet tall and 40 square feet in size. The Mayor opened the public hearing. The following individual spoke during the public hearing: Donald Silverman, 14900 Landmark Boulevard, Dallas - spoke in support. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-061 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SPECIAL SIGN DISTICT PLAN WITHIN A REGIONAL CENTER COMMERCIAL NEIGHBORHOOD ZONING DISTRICT ON AN APPROXIMATE 6.7 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF COLORADO BOULEVARD AND BRINKER ROAD BETWEEN INTERSTATE 35E SERVICE ROAD AND COLORADO BOULEVARD IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD02-0003) City of DeNon City Council Minutes February 18, 2003 Page 7 McNeill motioned, Fulton seconded to approve the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending the Detailed Plan for Planned Developmem 170, 172 and 176 (PD-170, 172 and 176). The approximately 253 acres of land, commonly known as The Wheeler Ridge Addition, was located south of Nowlin and Robinson Roads on the east side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road. The amendmem would alter the number of lots and increase the open space for this property. Single-Family residemial subdivision and open space parkland were proposed. The Planning and Zoning Commission recommended approval 6-0. (Z02-0061, Wheeler Ridge) Larry Reichhart, Assistant Director of Planning and Development, stated staff had not received any responses from property owners within 200 feet of the site. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-062 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCES NO. 99-257.99-367, 99-405, AND 2000-216 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 253 ACRES LOCATED WITHIN PLANNED DEVELOPMENTS 170, 172 AND 176; THE SUBJECT PROPERTY BEING GENERALLY LOCATED EAST OF TEASLEY BETWEEN ROBINSON AND HICKORY CREEK IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z02-0061). Burroughs motioned, Montgomery seconded to approve the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance rezoning 36.6 acres of land from Planned Developmem 191 (PD-191) zoning district to Neighborhood Residemial 2 (NR-2), Neighborhood Residemial 3 (NR-3), Neighborhood Residemial 4 (NR-4), and Neighborhood Residemial 6 (NR-6) zoning districts. The property was generally located north and south of Audra, west of Mayhill Road, and east of Loop 288. A single-family subdivision and open space were proposed. The Planning and Zoning Commission recommended approval 6-0. (Z02-00062, Prominence Square) City of DeNon City Council Minutes February 18, 2003 Page 8 Larry Reichhart, Assistam Director of Planning and Developmem, stated that staff had received four responses from property owners within 200 feet of the site, two responses in favor, two responses were neutral, and no responses were opposed to the request. The Mayor opened the public hearing. The following individual spoke during the public hearing: Allen Bussell, 1668 Amanda Court, Ponder, spoke in support. The Mayor closed the public hearing. The following ordinance was considered: NO. 2003-063 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING APPROXIMATELY 35.30 ACRES OF LAND FROM PLANNED DEVELOPMENT 191 (PD-191) ZONING DISTRICT TO NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD RESIDENTIAL 3 (NR-3), NEIGHBORHOOD RESIDENTIAL 4 (NR-4) AND NEIGHBORHOOD RESIDENTIAL 6 (NR-6); SAID REAL PROPERTY BEING LOCATED IN THE CITY OF DENTON IN THE W. LLOYD SURVEY AND THE M.E.P. & P.R.R. SURVEY AND BEING BETWEEN MAYHILL ROAD AND LOOP 288 SOUTH OF BLAGG ROAD, PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2000.00 PER DAY FOR A VIOLATION OF THIS ORDINANCE; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02- 0062) Burroughs motioned, Fulton seconded to approve the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. F. The Council held a public hearing and considered adoption of an ordinance for a specific use permit for a gas well site on approximately 62.6 acres of land. The site was in a Neighborhood Residemial 6 (NR-6) zoning district. The subject property was located south of Mission, north of Hobson Lane and east of U.S. 377 (Fort Worth Drive). One gas well was proposed. The Planning and Zoning Commission recommended approval 6-0. (Z03-0001, Ragle Unit No. 1/Gas Well) Larry Reichhart, Assistant Director of Planning and Development, stated that staff had received the following responses from property owners within 200 feet of the site - four responses in favor and three responses opposed to the request. Reichhart advised the Council that the proposed ordinance comained the following conditions: 24 hour notice would be provided to residems within 500 feet of the well site prior to beginning any drilling. Fracing operations were restricted to daylight hours only. Gas well developmem would be conducted in accordance with the Site Plan and approved Developmem Plat and should comply with the requiremems of Subchapter 22 of the Developmem Code. City of DeNon City Council Minutes February 18, 2003 Page 9 The Mayor opened the public hearing. The following individuals spoke during the public hearing: Karen Mitchell, 7823 Nine Mile Bridge Road, representing R.L. Atkins, spoke in support. Ken Seligman, 124 Miller Street, spoke in opposition. Wayne Collier, 311 Mission, spoke in opposition. Ralph Ragle, 1429 Hidden Oaks Circle, Corinth, spoke in opposition. Charlotte Ragle, 1429 Hidden Oaks Circle, Corinth, spoke in opposition. She requested the Council send the item back to P&Z because of all the issues. The Mayor asked if the petitioner wanted to respond. Dick Kelsey, 2225 E. McKinney, spoke in support. The Mayor closed the public hearing. The Council discussed adding conditions such as adding landscaping screen (trees) around the well site and a height limitation of 16 feet on the tanks. The following ordinance was considered: NO. 2003-064 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON 62.6 ACRES OF LAND LOCATED IN THE CITY OF DENTON IN THE WILLIAM DANIEL SURVEY AND GENERALLY LOCATED SOUTH OF MISSION AVENUE, NORTH OF HOBSON LANE AND TO THE EAST OF U.S. 377 WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATION THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.(Z03-0001) Fulton motioned, Redmon seconded to approve the ordinance with the following conditions: all structures would have a height limitation of 16 feet, and a security fence and landscape tree screen would be installed around the well site. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered nominations and appoimmems to the City's Boards and Commissions. Council Member Redmon nominated Rob Rayner to the Public Utilities Board. Mayor Brock nominated Sue Thomson to the Community Developmem Advisory Committee. City of DeNon City Council Minutes February 18, 2003 Page 10 Council Member Redmon also meNioned that Carl Williams had moved from DeNon. He was on the Human Services Advisory Committee. Redmon nominated Willie Hudspeth. Brock motioned, Burroughs seconded to suspend the rules and approve the nominations for Public Utilities Board and Community DevelopmeN Advisory Committee. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", MoNgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. B. New Business The following items of New Business were suggested by Council Members for future agendas. Council Member Redmon stated that Nell Yeldell citizen report was to address the Council regarding the CemeN plaN. He waned to know how the city enforces the noise ordinance at night. C. Items from the City Manager City Manager Conduff did not have any items for Council. D. There was no coNinuation of the Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. E. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 9:20 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 4, 2003 After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, March 4, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for March 4, 2003. Regular Meeting of the City of Demon City Council on Tuesday, March 4, 2003 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock presented a proclamation for Denton Redbud Festival Day. Mayor Brock received the Tree City USA award from Matt Grubisich, Urban Forester for Dallas County. Mayor Brock received the StormReady presemation from Gary Woodall, Warning Coordinator Meteorologist of the National Weather Service. Mayor Brock recognized Pack 940 Tiger Cub Scouts and received a flag presemation from the Scouts. B. Recognition of staff accomplishments City Manager Conduff presemed the Council with staff accomplishmems. 3. CITIZEN REPORTS A. Receive citizen reports from the following: 1. Willie Hudspeth: minority hiring and concerns for southeast Denton. Mr. Hudspeth spoke about concerns in minority hiring in the City of DeNon and the number of minorities in the police and fire departmems. City of Denton City Council Minutes March 4, 2003 Page 2 2. Bob Clifton: electric deposit and billings. Mr. Clifton was not present at the meeting. 4. CONSENT AGENDA Council Member Fulton requested that Item 4J be pulled for separate consideration. McNeill motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances with the exception of 4J. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of January 28, 2003, and February 4, 2003. Approved a request for an exception to the Noise Ordinance for the purpose of the 7th Annual CJ&K Mud Bug Boil and Gumbo Cook-Off, on Saturday, April 12, 2003 from 11:00 a.m. until 6:00 p.m. at 1211 W. Hickory in the parking lot directly behind Riprock's and Lucky Lou's in the Fry Street area. The event was specifically asking for an exception to the Music Festival sound level threshold being extended from 70 DBA to 75 DBA. 2003-065 - An ordinance of the City of Denton, Texas establishing lease rates and other rates for aviation and non-aviation related development at the Denton Municipal Airport, and providing an effective date. D. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year S~¢~O~ R~ ~tat~ S~ fo ~~ ~nt Jim T~ Wheeler Duplicate Payment 2002 !,!45,38 4. Commonwealth Title for Ernest Worley III Duplicate Payment 2002 815.34 fo rvli~ ~1 ~PI~ at~ P~nt 200~ 6. Commonwealth Title for Jonathan S. Duplicate Payment 2002 624.44 Griffin it~ fo ~i~ ~ ~ ~ ~iat P~nt 200~ 5 ~05 8. Jack E. Daniels Duplicate Payment 2002 1,000.83 M~ ~ ~ ~cat~ P~ ~ 2002 10. Reunion Title for Scott Stoehr Duplicate Payment2002 646.75 ch m l eat 1 12. Stewa~ Title for Timothy R. Hillard Duplicate Payment 2002 560.58 City of Denton City Council Minutes March 4, 2003 Page 3 Tax Name Reason Amount Year 14. George & Denise Elliott Duplicate Payment 2002 791.25 16. First American Title Company for Michael Duplicate Payment 2002 771.53 C. Drennan S~ ~it~ ~Pl~atE Payment 2002 10 18. Hexter-Fair Title for Kenneth R. Gould Duplicate Payment 2002 526.65 20. Extraco Mo~gage for Kathleen Kern Duplicate Payment 2002 539.89 22. Texas Title for Brent Gill Duplicate Payment 2002 614.00 24. Eugenia K. Courtney Duplicate Payment 2002 683.32 ~ foe 'f~ 26. Title Resources for Tina Wilkomer & Duplicate Payment 2002 1,107.21 Susan Blankenship 28. Title Resources for Mike Kozak Duplicate Payment 2002 680.74 30. Title Resources for Emesto Puga Duplicate Payment 2002 560.42 32: Melyin Ach~erberg Duplicate Pa yment 2002 549:39 34. Title Resources for Charla Fitzpatrick Duplicate Payment 2002 583.55 ~fo ~illi~ ~ i ~Pl~at P a'/~nt ~00~ ~8~fi0 36. Texas Title for Robert Jessup Duplicate Payment 2002 704.56 38~ A!ejandro & Ginger Quezada Duplicate Payment 2002 9!4~90 2003-066 - An ordinance accepting competitive bids and awarding an annual comract for the purchase of irrigation parts and supplies; providing for the expenditure of funds therefore; and providing an effective date (Bid 2960 - Irrigation Parts and Supplies awarded to Longhorn Supply Inc. in the estimated amoum of $60,000). 2003-067 - An ordinance of the City of DeNon, Texas authorizing the expenditure of funds for the annual paymem of the Consolidated Water Quality Fee for the Pecan Creek Water Reclamation Plant; and providing an effective date (File 2983 to the Texas Commission on Environmemal Quality in the amoum of $65,045). City of DeNon City Council Minutes March 4, 2003 Page 4 Go 2003-068 - An ordinance accepting competitive bids by way of an Imerlocal Agreemem with U.S. Communities and awarding a comract for the purchase of furniture; providing for the expenditure of funds therefore; and providing an effective date (Bid 2977 - North Branch Library Furniture-U.S. Communities awarded to TUSA Office Solutions, Inc. by way of an Interlocal Agreement in the amoum of $192,225.78). Ho 2003-069 - An ordinance awarding a comract for the purchase of RomeMatch software for the LINK system as awarded by the State of Texas Building and Procuremem Commission through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2984 to RomeMatch Software, Inc. in the amoum of $38,500). 2003-070 - An ordinance of the City of DeNon, Texas amending Section 22-26 of the Code of Ordinances of the City of DeNon to provide for the regulation of athletic field closure, rental and usage; providing for the placement of signs to prohibit unauthorized usage; providing for a penalty of a fine not to exceed five hundred dollars for each offense in violation of the ordinance; providing a severability clause and an effective date. Ko 2003-071 - An ordinance of the City Council of the City of DeNon, Texas approving an agreemem between the City of DeNon and the DeNon Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the agreement and to expend funds with respect to the agreement; and providing for an effective date. Lo 2003-072 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 1.134 acre tract or parcel of land in fee simple for street purposes such title to be in the name of the City of Denton and a Temporary Construction, Grading, and Access easemem comaining approximately 0.660 acre of land, located in the Eli Pickett Survey, Abstract No. 1018 in the City of Denton, Denton County Texas and being a portion of parcel 2, conveyance plat Lexington Park South, recorded in cabinet S, page 299, plat records of Denton County, Texas, conveyed to Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, page 439, Deed Records of DeNon County, Texas; authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is not accepted, authorizing the City Attorney or his designee, to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of construction street, drainage, mility and related improvemems; repealing that certain ordinance number 2002-187 pertaining to the subject property; and declaring an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Council considered Item 4J. City of DeNon City Council Minutes March 4, 2003 Page 5 Jo An ordinance of the City of DeNon, Texas amending Section 22-31 "Prohibited Acts" of the Code of Ordinances of the City of DeNon to add a paragraph (13) to prohibit the use of tobacco products during youth athletic activities on or adjacent to city athletic fields; providing for a penalty of a fine not to exceed five hundred dollars for each offense in violation of the ordinance; providing a severability clause and an effective date. Fulton motioned, Burroughs seconded to postpone consideration of the item until March 25th to allow for citizen commem. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. A. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Redmon asked aborn establishing a trash bag distribmion site near where the current site was located in order to accommodate citizens in this area of the city. 2. Council Member Redmon requested a work session to review the racial profiling material the Council had received. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. Co Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Do Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:10 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK MAYOR CITY OF DENTON, TEXAS 03/25/03 #4B AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: March 25, 2003 Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual comract for the purchase of electrical secondary connection pedestals and polymer concrete transformer pads; providing for the expenditure of funds therefore; and providing an effective date (Bid 2957-Annual Price Agreement for Electrical Secondary Connection Pedestals and Polymer Concrete Transformer Pads awarded to the lowest responsible bidder for each item in the total estimated amoum of $100,513.75. BID INFORMATION This bid is for the annual contract to supply electrical secondary pedestals and polymer concrete transformer pads. These items are utilized by Demon Municipal Electric and are carried in the Warehouse for easy access. RECOMMENDATION We recommend that this bid be awarded to the lowest responsible bidder for each item as listed below for a total estimated amoum of $100,513.75. Item # Description Vendor Est Qty Bid Price Total 1 Mini Polymer Concrete Irby Utility 225 $ 97.40 Transformer Pads Supply 2 3 Phase Transformer Hughes 5 $616.00 Pads Supply 3 Above Ground Pedestals Priester 500 $118.75 Supply 4 Flush Mount Polymer Priester 175 $ 92.25 Supply Total $ 21,915.00 $ 3.080.00 $ 59,375.00 $16,143.75 $100,513.75 PRINCIPAL PLACE OF BUSINESS Hughes Supply BR 3040 Denton, Texas Priester Supply Arlington, Texas Smart C. Irby Supply Ft. Worth, Texas Agenda Information Sheet March 25, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT This price agreement will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. FISCAL INFORMATION The items in this bid will be funded out of the Warehouse Working Capital account and charged back to the using Department. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation sheet 1-AIS-2957 Z {J u.i n,' {./') u.i ILl ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRICAL SECONDARY CONNECTION PEDESTALS AND POLYMER CONCRETE TRANSFORMER PADS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2957- ANNUAL PRICE AGREEMENT FOR ELECTRICAL SECONDARY CONNECTION PEDESTALS AND POLYMER CONCRETE TRANSFORMER PADS AWARDED TO THE LOWEST REPONSIBLE BIDDER FOR EACH ITEM IN THE TOTAL ESTIMATED AMOUNT OF $100,513.75). 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 2957 1 Stuart C. Irby Utility Supply Exhibit A 2957 2 Hughes Supply BR 3040 Exhibit A 2957 3 Priester Supply Exhibit A 2957 4 Priester Supply 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 03/25/03 #4C AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 25, 2003 Materials Management ~% Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Charles Wiley 349-7925 or Alex Pettit 349-8595 SUBJECT Consider adoption of an Ordinance authorizing the purchase of Mobile Data Computers, installation, and service from L&E Mobile Computers and Mourns, Inc., a QISV supplier, and financing with Governmem Capital Corporation through a lease/purchase financing agreemem; providing for the expenditure of funds therefore; and providing an effective date (File 2998- Lease Purchase of Mobil Data Computers in an amount not to exceed $189,700.30 per year for a 4 year total of $758,801.20. FILE INFORMATION This Lease/Purchase Agreemem is for the acquisition of 73 Mobile Data Computers including installation and service and 3 year maimenance, for the City of DeMon's police cars. At the current time, the mobile computers in service are just over five years old. An attempt to upgrade them last year failed as it was determined that the hardware technology was so outdated it was not cost effective to upgrade them since there would be minimal increased performance. Therefore, all currem Mobile Data Computer devices will be replaced with new ones. Full warranty and non-warranty service will be provided for three years. This Agreement will allow patrol officers to have wirelessly networked computers installed in their marked patrol vehicles to afford data transfer to include dispatching, warram checks, drivers license checks, motor vehicle registration checks, police records managemem access and police report generation/transmission. After considerable evaluation of mobile computers, the Panasonic "Toughbook" CF28 was chosen. The actual supplier of these computers and accessories is L&E Mobile Computers and Mourns, Inc., a State of Texas QISV product supplier. Prices quoted are less than QISV catalogue pricing approved by the State of Texas. Although Lease/Purchase funding is exempt from the competitive bid process, the rate offered by Governmem Capital Corporation was lower than proposals from other qualified lenders. Governmem Capital Corporation has several Lease/Purchase Agreemems in effect with the City of Denton for equipment acquisition. Agenda Information Sheet March 25, 2003 Page 2 RECOMMENDATION We recommend approval of File 2998 as a Lease/Purchase Agreement through Government Capital Corporation in the first year amount not to exceed $189,700.30 for a four-year total of $758,801.20. This total consists of equipment acquisition in the amount of $719,109.89 and finance charges in the amount of $39,691.31. PRINCIPAL PLACE OF BUSINESS Government Capital Corporation Southlake, TX L&E Mobile Computers and Mounts, Inc. Conshohocken, PA ESTIMATED SCHEDULE OF PROJECT The hardware can be shipped within two weeks after receipt of an order. Installation is estimated to be completed within the following six weeks. FISCAL INFORMATION This Lease/Purchase Agreement will be funded from Technology Services account 830700.7802. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Government Capital Corp. Quote Attachment 2: L&E Mobile Computers and Mounts, Inc. Quote 1-AlS-File 2998 At~aeb~en~ GOVERNMENT CAPiTAl. Match 13, 2003 345 MIR:~N ~RIVE FAX G!7 -:t~ 8477 FiX ~asl 451 T~?O Mr. Tom Shaw City of Denton 215 Ea~ McKLn~¢y Denton, Texas 76201 De, ar .Mr. S~aw: Thank you for the oppo[tumty to present proposed £mancing for thc City of Denton ibr the acquisition of EquipmenL The transaction would be as follows: LESSOR: LESSEE: FIN.XNC~C STRUCTURE: FINA_NC]ED AMOUNT: Government Capital Corporation City of Denton Tax-l~.xempt Lease/Purchase as Autbori~ed under the Texas Public Property Finance Act of 1979 $719,109~9 ~rm; Effective In;erst Rate; Annual Lease Factor: Annual Payment Amount: ~irst Payment bun: Four (4) Years - Annual Payments 4,395% .263799 $189,70030 4/15/03; subsequent payments due :l 1/15/03 - 11/15/05 Financing for Chose projects would be very simple, fa~t and eaiy due to the fact that: We have an existing working rclat/onshlp with the City. We have City f~r~-cial smmmems on £fle, expediticg the process. The City's ~ogal counsel is familiar with our documentation. Thc above proposal is subject to an audit analysis and assumes closing will oceu~ on. or before April 23, 2003. The above rates may be adjured to equal to maturity Treasuries theteat~e¢, If you haw any questions ~¢gard~g other payment terms or cond/tions, please fee] free to call me. Sincerely, ~ Director, Public Relations "YOUR PUBLIC FINANCE PARTNER" Attachment 2 obHe Computers & V oums, Inc. 1013 Conshohocken Road, Bldg. Phone: (972)270- 4 4940 Quote Number: DentonPD-2.7.03 Price Quote Customer ~usiness: City of Denton Police Department I Attn: Tim Smith I Address: 601 E. Hickory, Suite E ICity Denton' State: Tx Zip:76205 ~hone: 940-349:7267 Fax: 940-349-8979 ate: 2/18/2003 ep: Brett Hawkins hone: (972).270-4940 alid For: 30 days Qt7 Part Number/Description Unit Price TOTAL 73 CF-28PTJGSDM - PIll 800, 256 RAM, 30 GHDD $ 4,116.30 $ 300,489.90 XGAF['OUCH, FDD, Integrated 56K/LAN R J45 MODEM, $ - INT. Cisco 802.1 lb Wireless LAN Backlit kybd,W2000 $ - MODEL NUMBERS SUBJECT TO CHANGE PRIOR $ ' TO FINAL ORDER. $ - $ $ $ 73 CF-VVMBA91256 - 256 MB RAM upgrade chip $ 105.62 $ 7,710.26 $ 61 VDLO2MKB- 12.1" PDRC screen and backlit keyboard $ 2,064.11 $ 125,910.71 with glide pad. $ - $ - 68 CF-SVCDSXT2Y- 2 year extended warranty on $ 70.00 $ 4,760.00 electrical components in Panasonic Port Replicater. $ ' $ - 1 CF-VCD28tU- 24X CD-ROM Drive $ 211.90$ 211.90 $ 58 LE-MOUNTING SYSTEM - Complete mounting $ 1,685.00 $ 97,730.00 system for PDRC, CF-28 and all wiring and voltage $ protection units and passenger side trunk tray. $ $ Total continue pg 2 Remarks Existing Customer © Website/Advertising © Referral/Other Comments: Page t of 3 Shipping and Handling is additional and is not included in this quote. Ask your sales rep, about volume and discount pricing ava#able! Mobile Computers & Mounts, Inc. 1013 Conshohocken Road, Bldg. Phone: (972) 270- 4 4940 Quote Number: Oentonpd-2-2.7.0$ Price Quote ,, usiness: City of Denton Police Department iRep: Brett Hawkins IAttn: ' i Phone: (972) 270-4940 J Address: [~V_a ' jCity State: Zip: lid For: 30 days ~,Phone: Fax: Qty.. Part Number/Description Unit Price TOTAL 1 CONTINUED FROM PAGE 1 $538,812.77 $ 536,812.77 $ - 10 NON. PDRC UNITS - Side mount, Docking Station, $ 1,095.00 $ 10,950.00 voltage armor, combo GPRS & GPS antenna, screen $ - $ - support- $ 58 INSTALLATIONS AT L&E/AMERCIAN COMM. $ 500.00 $ 29,000.00 Installs for units receiving PDRC and Consoles. $ $ 10 INSTALLATIONS AT L&E/AMERICAN COMM. $ 425.00$ 4,250.00 $ - Installs for untis receiving CF-28 only. $ L&E REQUIRES THE FOLLOWING ON INSTALLS: $ - - All vehicles in good running condition. $ - - All vehicles clean and free of all debris. $ - - 2 week notice for schedule on issue of PO $ - Vehicle list pdor to installs $ $ 68 TRANSPORTATION OF VEHICLES - Cost to trans- $ 55.00 $ 3,740.00 port each vehicle round trip. $ - $ - $ - .. Total Continue pg 3 Remarks Existing Customer © Website/Advertising © Referral/Other Comments: PageL2 of :3 Shipping and Handling is additional and is not included in this quote. Ask your sales rep. about volume and discount pricing available/. L&E Mobile Computers & Mounts, Inc. Phone: (972) 270- 10t 3 Conshohocken Road, Bldg, 4940 4 Quote Number: DentonPD-3-2.7.03 Price Quote Customer Business: Attn: Address: C~ty City of Denton Police Department Tim Smith State: Zip: Fax: 68 68 2448 Part Number/Description CONTINUED FROM PAGE 2 WEB TECH i2000 GPS/GPRS Trunk mounted unit. Antenna and cable for RF pass through on dock. SERVICE AGREEMENT - Three year service agree- ment per 68 cars for 36 months. This covers L&E/American Communications technicians traveling to The City of Denton for service problems. All services will be provided no later than next business day. ~)lease see Project Outline for more details. Remarks Existing Customer © Website/Advertising © Referral/Other Comments: ate: 2/18/2003 ep: Brett Hawkins hone: (972) 270-4940 alid For: 30 days Unit Price $ 855.00 $ 40.84 $ 30.00 TOTAL 584,752.77 58,140.00 2,777.12 73,440.00 $ $ $ $ - 719,109.8._...~9 Page 3 of 3 Shipping and Handling is additional and is not included in this quote. Ask your sales rep. about volume and discount pricing available! ORDINANCE NO. AN ORDINANCE AUTHORIZING THE PURCHASE OF MOBILE DATA COMPUTERS, INSTALLATION, AND SERVICE FROM L&E MOBILE COMPUTERS AND MOUNTS, INC., A QISV SUPPLIER, AND FINANCING WITH GOVERNMENT CAPITAL CORPORATION THROUGH A LEASE/PURCHASE FINANCING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2998-LEASE PURCHASE OF MOBIL DATA COMPUTERS IN AN AMOUNT NOT TO EXCEED $189,700.30 FOR A 4 YEAR TOTAL OF $758,801.20). WHEREAS, In the 2002-2003 budget process the City Council authorized the purchase of Mobile Data Computers from the to be determined lowest responsible bidders pursuant to Chapter 252 of the Texas Local Government Code in the estimated principal sum of $189,700.30 per year for 4 years; and WHEREAS, Section 271.005(c) of the Local Government Code authorizes the City council, in its discretion, to contract for the financing of personal property; and WHEREAS, the City Council finds that the herein authorized financing of the budgeted equipment through a lease purchase agreement with Government Capital Corporation is appropriate and in the public interest; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be expended for the herein authorized lease purchase agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby authorizes a lease purchase agreement to finance the acquisition of Mobil Data Computers with Government Capital Corporation, said agreement providing for a financed amount of $758,801.20, having four annual payments of approximately $189,700.30 with an effective rate of not to exceed 4.5%. SECTION 2. The City Manager, or the Purchasing Agent as his designee, is authorized to enter into a lease purchase agreement on behalf of the City in accordance with the terms set forth in Section 1 and to expend the funds provided for in Section 1. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File2998 03/25/03 #4D AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 25, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Susan Croft 349-8199 SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of services, software, hardware, and annual maintenance for the installation, configuration, and support of an IP- telephony based Integrated Contact Distribution Solution as awarded by the State of Texas Building and Procurement Commission through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2961 to Spanlink Communications, Inc. in the amount of $114,700). FILE INFORMATION Spanlink Communications is a Cisco Certified Partner contracted to provide an Integrated Contact Distribution (lCD) for Utilities Customer Service and Solid Waste Customer Relations. Currently, Utilities Customer Service Department uses an Automated Call Distribution (ACD) System from Nortel and Verizon that does not address all the functional needs of the Department. In addition, the Solid Waste Customer Relations Department is not able to utilize the functionality of the same ACD group, which is necessary to transfer calls efficiently between the two. The new 1CD System will allow the Departments to more effectively distribute call volume, and re-task agents on-the-fly depending upon call load and agent skill set. The new solution also provides for enhanced real-time reporting and the ability to record calls on-demand as necessary for quality assurance. Supervisors are given the ability to monitor and, if necessary, intercept calls from an agent to ensure customer satisfaction. This solution also gives both Departments a backup site for disaster recovery purposes that can be brought online more quickly in the event of an emergency. RECOMMENDATION We recommend File 2961 Integrated Contact Distribution Solution, be awarded to Spanlink Communications, Inc. in the amount of $114,700. PRINCIPAL PLACE OF BUSINESS Spanlink Communications, Inc. Minneapolis, MN Agenda Information Sheet March 25, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT This project is scheduled to begin March 26, 2003 and be completed by July 31, 2003. FISCAL INFORMATION This project is being funded out of account 63005300.1360.40100. Attachment 1: QISV Letter from Spanlink Attachment 2: Spanlink Statement of Work Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent SPAN 'LINK C 0 M M U N I C A 1 I 0 N S QISV Certification for Spanlink Communications Under Texas law, 10 TAC Secs. 199.101 - 199.I'16, Spanlink Communications is a Qualified Systems Information Vendor (QISV), with vendor id 1411618845000. ~. - The pricing provided to the City ofDenton as ~ part of the following documents are below the QISV pricing found in the~dtate of Texas catalogue price: · Spanlink Communications Statement of Work AB-020819 revision 8 · Master Agreement AB-020813 Any questions in this matter can be directed to: Andrew Berg Regional Account Manager, Spanlink Communications 817-482-1119 andy.berg(~spanl~n~k.com Thankyou, Andrew Berg Sp~link Communications, Proprietary and Confidential January 15, 2003 Page 1 ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SERVICES, SOFTWARE, HARDWARE, AND ANNUAL MAINTENANCE FOR THE INSTALLATION, CONFIGURATION, AND SUPPORT OF AN IP-TELEPHONY BASED INTEGRATED CONTACT DISTRIBUTION SOLUTION AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2961 TO SPANLINK COMMUNICATIONS, INC. IN THE AMOUNT OF $114,700). WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083 of the Texas Local Government Code which authorizes the City to participate in the State Purchasing Building and Procurement Commission's Qualified Information Service Vendor Catalogue Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "QISV Catalogue"); and WHEREAS, the herein described vendor is a qualified vendor in the QISV Catalogue and the contract authorized by this ordinance is in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QISV Catalogue purchase; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following file for materials, equipment, supplies, or services, shown in the File 2961 listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 2961 Spanlink Communications, Inc. $114,700 SECTION 2. By the acceptance and approval of the above numbered items set forth in the File 2961, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in File 2961 wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the File 2961, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-File 2961 PROFESSIONAL SERVICES AGREEMENT FOR SPANLINK COMMUNICATIONS, INC. STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made and entered into as of the day of , 2003, by and between the City of Denton, Texas. a Texas municipal corporation, wrth its princi?al office at 2[5 East Mc:Kinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" amd Spanl~nk Communications. Inc., 7125 Northland Ten-ace, Suite 100, Minneapolis, MN 55428, hereinafter calicd "CONSULTANT," acting herein. by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, as an independent contractor, and CONSULTANT hereby agrees to per~'orm ti~e services herein in connection with the Project as stated in the sections to follow, with dlhgence and in accordance with high professional standards customarily obtained for st~ch serwces in tlnc State of Texas. OWNER seeks to replace its existing TDM-based ACD with an [P-btlscd contact center solution, to successfully deploy and support contact centers for the City of Denton Customer Service department with 17 agents and 3 supervisors, and for the Solid Waste: Customer Relations dc?artmcnt with 5 agents and 1 supervisor. The solut~on is required to meet alt functional requi:'ements set forth in Appendix B. ARTICLE II SCOPE OF SERVICES CONSULTANT shall perform the following services in :t prof'cssional manner: CONSULTANT shall perf'onn alt those services set forth ~n thc proposal attached as Appendix A, m a manner which accomphshes the functional reqmrements of Appendix B with maximum efficiency and case o£ use to the end user, whi]e minimizing the cost of operation. Spaalink Professional Services Agreement (drafted (12-19-03) Page 1 of 11 OOEB ILlS CONSULTANT shall perform all those se~wices set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. If there is any conflict between the ~en-ns of this Agreement and the exhibits attached to this Agreement, the terms and conditions of tlnis Agrcemen! will control over the terms and conditions of the attached exhibits or task orders. ARTICLE Iil ADDITIONAL SERVICES Additional services to be performed by the CONSUUI'ANT, if authorized by the OWNER, which a'e not included in the above-described Basic Services, are described as follows: A. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT, and upon issue of a notice to proceed by the OWNER, and shall remain in force 'for ~l'~e period which may reasonably be required for the completion of the Project, including Additional Services, il- any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or this designee. ARTICLE V COMPENSATION COMPENSATION TERMS: "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incmTed by thc CONSULTANT for supplies, lransportation and equipment, o5 travel, communications, subsistence, and lodging away from home, and similar ,7,,[, incidental expenses in connection with that assignment. ~ Spanlink Professional Services Agreement (drafted 02-19-03) Page 2 of 11 E'd OOEi~ I613 ggL suo!~eo~unmmo9 Mu!Iueds clirir:90 E:O I~ q~] BII..I.ING /-,,ND PAYMENT: [:or and in cons:dcralion of thc ?rofessional services to be performed by the CONSULTANT herein, the OWNER agrees to pay a fixed price of One Hunch'ed Fourteen Thousand, Five Hundred Six[y Dollars ($114,560). Partial payments to CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designate; however, under no circumstances shall any monfl~ly statement for services exceed the value of the work performed at the time a statement ~s rendered. OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project. Nothing contained in this Article shall require OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or bis designate, or which is not submitted in compliance ,,\'i~h the terms of this Agreement. OWNER shall not be required to make an)' payments to CONSULTANT winch CONSULTANT is in default under finis Agreement, or if OWNER has provided CONSULTANT with a written nonce of dissatisfacUon. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by thc OWNER for any charge, expense, or reimbursement above the maximum not to exceed fcc as stated, without first havi~:g obtained written authorization from the OWNER. The CONSUUTANT shall not proceed to perfo~Tn the services listed in Article I[I "Additional Services," without obtaining prior written authorization from the OWNER. ARTICLE VI OBSERVATION ANI) REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and civic diligence in discovering and promptly reporting to thc OWNER any defects or deficiencies in the work of the CONSULTANT or any su~conLractors or subconsu[tants. ARTICLE VII OWNERSItlP OF DOCUMENTS All documents prepared or furnished by thc CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement am instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT arc intended only to be applicable to this Project, and projects st~all be at OWNER's sole risk and expense. _~,o't OWNER's use of these documents in other . . ,.~, In the event the OWNER uses any' of the information or materials developed pursuant to th~s~ Spanlink Professional Services Agreement (drafted 02-19-03) Page 3 of 11 Agreement in another project or for odacr purposes than specified herein. CONSULTANT is released fi'om an),' and all liability relating to their use in that project. Notwithstanding the above, each party is and shall remain the owner of all right, title and interest in and to such party's proprietary materials, and all copies thereof, and in and to all of tiao related trade secrets, copyrights, patents and all other proprietary rights. Neither party shah obtain any right or license in and to the other party's proprietary materials. CONSULTANT is hereby placed on notice that OWNER is a governmental entity subject to the Texas Public Information Act (Tex. Gov't Code §552.001 et seq.), which may compel release of documents in a fashion not contemplated by this Agreement. in the event that any request for docurnents encompasses materials which OWNER reasonably believes may be protected by one or more of CONSUlfI'AN~I"s cia}reed inlellectual property rights, OWNER shall endeavor to notify CONSU~LTANT of the request, and it shall thereafter be the sole responsibility of CONSULTANT to take whatever legal measures are necessary or appropriate to the protection of those materials. It shall further be CONSULTANT's responsibility to clearly identify alt such documents for which it claims such intellectual property rights. ARTICLE ViII I~EPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OW1NTR. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT CONSULTANT shall indemnify and save and lnold harmless OWNER and its officers, agents, and employees from and against an5 and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. CONSULTANT shall indemnify, defend and hold h:~rmless OWNER from and against any claims, including reasonable legal fees and expenses, based upon infringement of any United States copyright trademark or patent by the Software or any other System component. OWNER agrees to notify CONSULTANT of any such claim promptly Jn writing. OWNER agrees to cooperate fully with CONSULTANT during such proceedings. CONSULTANT shah defend and settle at its sole expense ail proceedings arising out of the foregoing, and shall reimburse within thirty (30) days of submittal by OWNER any attorney fees paid by OWNER in defending against such clmms. In the event of such infringement, CONSULTANT may replace, in whole .,~,~ or in part, Software or any other Systcn~ component with a substantially compatible and Spanlink Professional Services Agreement (drafted 02-19-03) Page 4 of 11 functionally equivalent product, or modify the Softxvare or System component to avoid the infringement. Nothing in this Agreement shall be construed to crease a liability to any person who is not a party to this Agreement, and nothing herein shah waive any of the parties' defenses, both at law or equity, to any cia]m, cause of action, or litigauon filed by anyone nor a party to this Agreement, including thc defense of ~.overnmental immumty, which defenses are hereby expressly reserved. ARTICLE X WARRANTIES A. Warranty of Title. CONTRACTOR wan'ants that it holds title and/or copyright to all Software and its associated MODULES licensed and delivered pursuant to this Agreement, or in the event that any licenses to the Sohware are held by a third parry, that a license sufficient to secure OWNER's expected use of the Software wilt De transfe~¥cd to OWN-ER. B. Application Software Warranty. CONTRACTOR w~u'rants that ~ts Software will perform free of defects that would prevent the System from operaung in the manner described in the Contract documents and any other related user documentation for the version installed. This Warranty shall commence upon date of accemance by OWNER of thc System. C. System Function Warranty. CONTRACTOR £urther warrants that the installed system will perform all functions listed within the Functional Requirements attached as Exhibit B, in a manner which maximizes efficie~cy and ease et use lo persons usmg the system. This Wan'anty stnalI commence upen date of' acceptance by OWNER of thc System. D. Date Calculation Warranty. CONTRACTOR wan'ants that each hardware, software, and firmware product delivered under this Agreement shall, as a system, be able to accurately process date data (includmg, but not JimJ. ted to, calculating, comparing, and sequencing) fi:om, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by CONTRACTOR, provided that all other interfaces (e.g., hardware, software, firmware) used in combination with such product properly exchange date data with it. Notwithstanding any provision to the contrary, the remedies available to OWNER under this warranty shall include repair or replacement of any CONTRACTOR-supplied product whose non-compliance is discovered and made known to CONTRACTOR in writing. Nothing in this warranty shall be construed to limit any rights or remedies OWNER may otherwise have under the Agreement with respect to defects other than Year 2000 performance. Spanlink Professional Services Agreement (drafted 02-19-03) Page 5 of 11 9'~ OOg2 ILS ggL suo~eo}unmmoo ~u,[uedS 8B~:90 gO I8 qoJ ARTICLE XI INSURANCE Dunng the performance of fine services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency tl~a[ has a rating with Best Rate careers of at least an A- or above: Comprehensive General Liability' Insm'ance with bodily injmy limits of not less than $500,000 for each occurrence and r. or less than $500,000 in thc aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Automobile Liability Insurance with bodily in.iury limits of no~ less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. Worker's Compensation Insistence in accordance witln statutory requirementS, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance wilh limits of not less tlnan $1,000,000 annual aggregate. The CONSULTANT slnall furnish insu:-ance certificates or insurance policies at the OWNER's request to evidence such coverages. The i~nsurancc policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall nor be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE XII ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of' alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include tl~e other party to the disagreement without the other's approval. Spanlink Professional Ser'dces Agreement (drafted 02-19-03) ARTICLE XIII TERMINATION OI; AGREEMENT Notwithstanding any other provision of this Agrccmc~t, either party may terminate by 1¢'3),' giving thirty (30) days advance written notice to the other party. Page 6 of 11 L'd OOg8 I£B ggL suox2eo~unmmoo Nu~Iue~s dg~:90 gO I~ This Agrecmem may be terminated in whole or in part in thc event of either party substamially failing to fulfill its obli?rions under this Agreement. No such termination will be affectcd unless tine other' par~y is given (l) wnucn notice /delivered by certified mail. return receipt requcstect) of intent to terminate and setting forth the masons specif'ying the non-performance, and not less than thirty (30) calendar days to cum the failure; and (2) an opportumty for consultation with the terminating party prior re termi nation. if the Agreement is terminated p:ior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to tiao OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incun'ed prior to the date of termination, in accordance with Article V "Compensation." Should the OWNER subsequently contract witln a new consultant for thc continuation of servtces on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documenls for its use. ARI'ICLE XIV RESPONSIBILI I'~' F()R CLAIMS AND LIABILITIES Approval by the OWNER shall IlOt constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its emplosees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect tn the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XV NOTICES All notices, communications, and reports required or permitted under th~s Agreement shall be personally delivered or mailed to thc respective parties by depositing same in the United States mail to the address shown below, ccmfied mail, l'etmTt receipt requested, unless otherwise specified herein. Mailed noticcs shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: Spanlink Con-ununications, Inc., 7125 Northland Terracc Suite Minneapolis, ~v[N 55428 To eWeR: City of Denton City Manager 215 East McKinney Spanlink Professional Services Agreement (drafted 02-19-03) Page '7 of 11 8'd O0£g IL6 ggL suo!~eo~unmmoo MurlueSs d~:90 gO Ig qa~ Attn: Sales Contracts Denton, Texas 76201 Attn: Glenn Pt:ullman, Technology Services All notices shall be deemed effective upon receipt by thc party to whom such notice is given, or within three (3) days' mailing. ARTICLE XVI ENTIRE AGREEMENT This Agreement, consisting of eleven (11) pages and two exhibits, constitutes the complete and final expression of thc agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and super'series all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with ttne subject matter hereof. ARTICI;E XVII SIO/I~;RABILITY If any provision of this Agreement is tbund or deemed by a court of competent jurisdiction to be invalid or unenforceable, ~t shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the pames shall reform this Agreement to replace such strickcn provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVIII COMPLIANCE WITH LAWS The CONSULTANT shall comply with alt federal, state, and local laws, rules, regulations, and ordinances applicable to thc work covered hereunder as they may now read or hereinafter be amended. ARTICLE XIX DISCRIMINATION PROHIBITED In performing the services required hereunder, tine CONSULTANT shall not discnminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XX PERSONNEL; NON-SOLICITATION A. The CONSULTANT represents that it has or will secure, at its own expense, all_1 personnel required to perfon-n all the services required under this Agreement. Such h~,' Spanlink Professional Services Agreement (drafted 02-19-03) Page 8 of 11 personnel shall not be employees or of,:iccrs of, o~- have any contractual relations with the OWNER. CONSULTANT shall mlbrm the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of' this Agreement. Ail services required hereunder will bo performed by the CONSULTANT or under its supervision. All personnel engaged m work shall be qualified, and shall be authorized and permitted under state and local laws to perlorm such ~ervices. During the term of this Agreement arid for a period of one (l) year following tenmnatmn of this Agreement, neither party shall make a~n offer of employment to, nor enter into a consulting relationship w~th, any person who was employed by the other party at any time during the preceding one (1) year perioo The terms of this Article XIX shall survive any termination of this Agreement. ARTICLE X XI ASSIGNABILITY CONSULTANT shall not assign an}, interest in this Agreement, and shall not transfer any interest in this Agreement' (whether by assignment, novation, or otherwise) without the prior written consent o£ OWNER. ARTICLE XXI/ MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and dui',, executed by the party to be charged therewith, and nc> evidence of any waiver or modification shall be of/:ered or received in evidence in any proceeding arising between thc partic, s hereto out of or ;~l'[ecting thts Agreement, or the rights or obligations of the parties hcretmdcr, and unless sk~clq waiver or modification ;s in writing and duly executed; and the parties lu~ ther agree that thc 9~-ov~sxons of this sectmn wilt not be waived unless as set forth herein. ARTICLE XXI/I MISCELLANI~;OUS A. The following exhibits are attached to and made a part of this Agt'eement: Exhibit A Exhibit B Consultant's Proposed Scope of Services. List of Functional Requirements B. CONSUT,TANq' agrees thar OWNER shall, until thc expiration of three (3) years after the final payment under this Agreement, have access to and the fight to examine any directly pertinent books, documcms, papers, and records of the CONSULTANT ~0'~ involvin, transactions relating to ti~s Agreement. CONSULTANT agrees that OWNER ~,~,~'~' Spanlink Professional Page 9 of 1~ Services Agreement (drafled 02-19-03) shall have access dm4ng normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space m order to conduct audits in compliance with tlnis section. OWNEP, shall give CONSULTANT reasonable advance notice of intended audits. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement sha]i be construed in accordance with the laws of the State of Texas. For tine purpose of tints Agreement, the project manager shall be However, nothing herein shall limit CONSULTANT from using otlncr qualified and competent members of its firm to perform thc services required herein. CONSULTANT shall commence, can'y on, and complete any and all projects with all applicable dispatch, tn a sound, econormcal, and eJTicicnl manner and m accordance with the provisions thereof. In accomplislning the projects, CONSUL~IANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. The OWNER shall assist the CONSULTANT by placing at thc CONSULTANT's disposal all available information pmlinent to the Project, including previous reports, any other data relative to thc Project, and arranging for tine access thereto, and make all provisions for the CONSULTANF to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. The captions of tints Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Each party shall be excused from performance under dnis Agreement, and shall have no liability to the other party or for any period it is prevented from performing any of its obligations, in whole or in pm1, as a result of delays caused by the other party or by an act of God, war, civil disturbance, court order, tlnird party performance or nonperformance, strikes, work stoppages or other cause beyond its reasonable control., and such nonperformance shall not be a de~'ault under this Agreement. Notwithstanding the foregoing, if' any of the above-enumerated circumstances prevent, hinder or delay performance of either party's obligations hereunder for more than thirty (30) calendar days, the panty not prevented from performing may, at its option, terminate this Agreement without liability or penalty as of a date spec]fled by such party in a written notice of lermination to the other par't/. IN WITNESS ItEREOF, the City of Denton. Texas has caused this Agreement to be executed by its duly' authorized City Manage:. and cONsULTANT lnas executed this Agreement through its duly aulhorized undersigned off:iccr on this the day of ,2003~,a~ Spanlink Professional Services Agreement (drafted 02-19-03) Page 10 of IT'd OOEB ILg ggL suo~eo~unmmoO NuT[ueds dL~:90 60 l~ CITY OF DENTON, TEXAS MICHAEt. A. CONDUFF. CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETAR~~ BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY A~TORNEY BY: CONSUL'IANT WITNESS: Spanlink Professional Services Agreement (drafted 02-1%03) Page 11 of 11 Statement of Work Appendix A Content This SOW consists of this signature page and the following sections that are incorporated in this SOW by this reference: 1. Executive Overview 2. Solution Description 3. Project Methodology 4. Responsibilities of the Parties 5. Change Management Process 6. Estimated Cost for Professional Services 7. Cost for Software, Hardware and Maintenance Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 1 Executive Overview Denton, Texas is a Main Street City that tops a triangle formed by itself, Ft. Worth and Dallas. This area is traditionally referred to as the Golden Triangle. Established in 1857, Denton is the county seat of Denton County, and was named for John B. Denton. Denton is the proud home of two public Universities; Texas Woman's University m~d the University of North Texas, the 3rd largest university in the State of Texas, with a combined enrollment of approximately 40,000 students. The City of Denton seeks to replace their existing TDM-based ACD with an IP-based contact center solution. This Statement of Work (SOW) shows how a Cisco Integrated Contact Distribution (ICD) solution, in combination with Spanlink's professional services, can meet the requirements set forth by the City of Denton. This Statement of Work includes the services, software, hardware, and annual maintenance required to successfully deploy m~d support a contact center for the City of Denton with 17 agents and 3 supervisors in the Customer Service department and 5 agents and 1 supervisor in the Solid Waste Customer Relations department. As a Statement of Work, the goal of this document is to capture the nature and scope of the proposed development, rather than to be precise in all its details and architectural design. As a part of this project, Spanlink Communications will work with the City of Denton to develop and document a detailed specification, call flows and project plan. Spanlink is pleased to have this opportunity to work with the City of Denton and looks forward to a lasting, successful business relationship. Under Texas law, 10 TAC Secs. 199.101 - 199.116, SpanlinkCommunications is' a Qualified Syswms Information Vendor (QISV) with vendor M 1411618845000. Spanlink Communications, Proprietary and Confidential August 19. 2002 Rev. 10 Page 2 Solution Description 2,4, Customer Environment Implementation will take place in City of Denton's facilities located in Denton, TX. 2.1.1. General Quantities Agents 17 Supervisors 3 Skill Groups No more than 5 DNIS No more than 5 routing into two call flows Queue/IVR Ports No more than 18 2.2, 2.2.1. Agents 5 Supervisors 1 Skill Groups No more than 2 DNIS No more than 2 Queue/IVR Ports No more than 6 Solution Functionality Agent/Supervisor Desktop Cisco Supervisor Desktop will be configured with the following features: · Display real-time contact center statistics. · Real-time voice monitoring. · On-demand recording for Supervisors and Agents. * Agent & Supervisor minimum desktop requirements: Operating System . Windows 95/98/XP Professional o Windows 2000 Professional, Service Pack 2 or greater · Windows NT, Service Pack 6a or greater Hardware · 233 MHz Pentium II processor · 32 MB RAM (Windows 95/98) · 64 MB RAM (Windows NT) .16 MB free hard disk space · NIC supporting Ethernet 2 Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 3 S P~Trd~Lli~ ~ 2.2.2. Out of Scope Cisco Agent Desktop will not be configured with the following features: · Computer Telephony Integration (CTI) Screen-pop automation. · Media Termination. Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 4 2.3, Solution Diagram lCD Cisco Supervisor Desktop lCD Cisco Agent Desktop IP TELEPHONY CS 7750 (Call Manager) MCS 7835 CRS3.0: ~ P-lCD 3:0 QM 3:0 BACKUP MCS-7835 CRS3.0: IP-ICD 3.0 QM 3.0 Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 5 0 N .~ Project Methodology Spanlink uses a phased approach for solution deployments, including Discovery, Design, ~Dcvelopment and Deployment. At the end of the IP-ICD implementation, Spanlink and Customer will sign oft' on an acceptance document. 3.1. Professional Services Spanlink will provide the following Professional Services for the Cisco IP-1CD solution on a time and material basis. All requests for Spanlink Professional Services and post-installation technical support must pass through a Spanlink project manager. Spanlink reserves the right to appoint the point of contact as needed. Project Management A single point of contact for you who will track the project, from implementation to testing, through hand-off to support. Application Consulting Work with Customer to define requirements for architecture, call routing, agent skill definition, agent workflows, IVR queuing and overall system reporting. Application Consulting also includes the actual writing and configuration of IP-ICD system components. Implementation and Installation of hardware and software, integration, and testing of the various Integration components, based on specifications and requirements determined through analysis. Customization Custom services for IVR Application development, e-Notification Services and custom reporting, if required. 3.1.1. Service Hours Spanlink service hours are as follows: Consulting Monday through Friday Spanlink-observed Hourly/ Project Management 8:00 A.M. to 5:00 P.M. CST/CDT holidays Daily Customization Remote Installation On-Site Installation Monday through Friday Spanlink-observed Daily 8:00 A.M. to 5:00 P.M. local time holidays Requested Post-Installation Monday through Friday Spanlink-observed Hourly Technical Support 8:00 A.M. to 5:00 P.M. CST/CDT holidays Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev, 10 Page 6 3,2. 3.2.1. 3,3. 3,4. Discovery & Design Discovery & Design has two primary goals. The first is to establish the project plan and related details, and the second is to define and/or verify the business and technical requirements of the solution. The Customer is required to "sign oW' on the solution design before Installation begins. Discovery Deliverables Spanlink will deliver the following during this phase: · Kickoff presentation. · Project status form. · Change control document. · Project plan. · Deployment guide. · Software and hardware order review. · Network naming and addressing. · Business requirements document. · Visio call flow diagram(s). · Test case scenarios. Installation, Integration and Testing Spanlink will perform the following as part of this phase: · Integrate the IP-ICD server to the Customer network. · Install software, including Win2000 Server and other third-party software. · Install and configure IP-ICD software, including ACD and IVR components. · Integrate IP-ICD server with Customer LAN and CallManager cluster. · Configure call flows, agents and skill group definitions. · Use the test plan developed during project planning to verify installation and configuration of the hard~vare and software and to test specific functionality and document the system configuration before turning the system over to the Customer. Mentoring and Go-live It is anticipated that Spanlink engineers will be on-site for no more than five business days (one week). During this time, Spanlink will provide Mentoring and Go-live support. Included in this are the following: · Mentor the administrator(s) on call handling, agent/supervisor definitions, IP-IVR scripting as it pertains to their environment. · Mentor a two supervisors on Supervisor Desktop functionality. · Be on-site for go-live support to transition to a production environment. Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 7 J N ~ C .a O N S 3.5. Project Completion The Project will be deemed complete at thc completion of' either oft he f`ol]owing milestones: · Completion of the Test Plan, · The system has been live for 30 calendar days. Note: Technical issues outside of this Statement of Work are the responsibility of the Customer and shall not impact product delivery or payment. Spanlink Commtmications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 8 C II ,~ ~ u N C A '[ 0 N S Responsibilities of the Parties The Spanlink project manager and deployment team will work directly with the Customer project manager and other project members in order to provide the deliverables identified in this Statement of Work. This section delineates the major responsibilities of each party. 4.1. 4.1.1. 4.1.2. Spanlink Responsibilities Project Management The Spanlink project manager will: · Provide a single point of contact designated as the Spanlink project manager for all project support issues and designating a back up when the primary contact is unavailable. · Deliver solution and deliverables defined in this document. · Track project milestones and expectations as outlined in the prqject plan. · Provide status updates identifying accomplishments, upcoming tasks, and outstanding issues. · Attend scheduled customer status meetings by conference call to discuss project installation, testing and issues. · In the rare event the Project Manager assigned to the Customer has a leave of absence, a backup Project Manager will be assigned to the project and the customer will be notified as far in advance as possible. In the event of an emergency, the Customer will be notified within one business day of the change of Project Management responsibilities. Installation, Integration and Testing The Spanlink deployment team will: · Develop an installation schedule in coordination with the Customer and Spanlink Communications. · Procure, install and provide basic configuration for all Cisco software required for the Cisco IP-ICD solution. · Perform necessary integration to Customer-provided networks and agent desktops. · Complete the installation and test plan. · Perform on-site duties as assigned in the project plan. On-site resources will be made available to the Customer, at the Customer's request, as those resources are available depending upon previous committed project schedules will allow. · IP Telephony, including CallManager, IP Telephones, and data network components are being provided by another Cisco certified partner. Spanlink will work with this partner to integrate the contact center applications with the IP Telephony solution. Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 9 IN 4.2, 4.2.1. Customer Responsibilities Pre-Installation Requirements In order for Spanlink to provide the deliverables required and minimize cost, Spanlink requires the Customer address the items in this section prior to Spanlink's arrival at the Customer site. Parties agree that failure to ~neet these requirements shall result in an adjustment in the pricing provided herein, and shall be managed through the Change Management Process specified in Section 5. This Statement of Work requires the following: Customer will procure (from Spanlink) all related hardware and software products relative to the project. · Customer is responsible for the physical installation and testing oflP-ICD-related hardware, including racking, power, and LAN connectivity. · Customer will ensure LAN/WAN is in place and properly architected and tested to handle IP-ICD voice/data traffic and features. Spanlink will work with Customer or Cisco partner to provide specifications. . Customer will provide Spanlink engineers remote access to IP-ICD components, via direct dial for 12 weeks from project kickoff date. · Customer will ensure that system administrator attends Cisco Systems training courses for Cisco products in this SOW. The attendee shall be the person who will be responsible for day-to-day operation of the IP-ICD system, including troubleshooting, adds/moves/changes, etc. At a minimum, this training shall include: IP-ICD Administration 3 days Spanlink Spanlink will certify all solution hardware components prior to on-site installation. 4.2.2. Throughout the Project The Customer will: · Designate a person to whom all Spanlink Communications may be addressed and who has the authority to act on all aspects of the project. Such person shall be identified as the Customer project manager and shall designate a backup for when the primary Customer project manager is not available. · Provide adequate workspace for all Spanlink project personnel, reasonable access to customer facilities, and remote access, if needed, during the project. · Provide subject matter experts (SMEs) when required by Spanlink project personnel and/or project activities. Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 10 S PAi Lii J K 4.2.3. · Respond within five (5) business days to Spanlink's request for information required for the project. · Notify the Spanlink project manager of any schedule changes at least three (3) business days prior to the scheduled activity. Schedule changes and/or cancellations made after this 3-day window shall be subject to Spanlink's cancellation/re-visit charge. Installation, Integ ration and Testing The Customer will: Provide network physical and logical schematics, when requested by Spanlink. · Provide required system configurations, as determined by Spanlink project manager, within two (2) weeks before the commencement of the project. · Provide required information such as existing call center call flows, agent extension and login information, and existing carrier network and traffic information. · Coordinate the delivery and configuration of all equipment not provided by Spanlink. · Install and verify the operation of all external communications hardware, software, and network equipment not provided by Spanlink as defined by the SOW. · With Forsythe, ensure that all prerequisite hardware, software, network and connectivity configurations are acquired, properly licensed and available in the development and test environment in support of the activities under this SOW; including, but not limited to, all Cisco IP Telephony components. · Provide the appropriate SMEs who can support the configuration and connectivity to the local area network/wide area network/database/content servers in order that the services included in this SOW can be delivered. · Coordinate the technical support resources for the connectivity of these systems in conjunction with Spanlink Communications project personnel. · Ensure that any Customer-provided hardware is certified for IP-ICD software component implementation and must be at least equivalent to the Cisco Systems recommended hardware configurations or better. Support any database interface or database applications that are outside the scope of this SOW. · Verify the accuracy, correctness and the functionality of the information content of any applications that may interface with the Cisco components, such as any information residing in other legacy applications, Web applications, and databases. · Support any business process changes, and/or operational and procedural changes as the result of this project. · Retain the responsibility for any impact to business operations as the result of the consolidation activities · Acquire any required Veritas client licenses for backup of the IP-ICD solution. · Shared public file server location for the storage of Cisco Agent Desktop and Cisco Supervisor Desktop configuration files. Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 11 C d N~ V., L~ N C ,~ I 0 N Change Management Process in the event that it may become necessary to amend this Statement of Work, this change management process shall apply. 5.2. 5.3. 5.4. Types of Change Changes to the project may be made for reasons including, but not limited to, the following: · Scope of work. · Specifications of the deliverables. · Non-functioning or non-availability of materials that is beyond either party's control. · Non-availability of resources that is beyond either party's control. · Environmental or architectural impediments not previously identified. Change Initiation Either party of the project, Spanlink or the Customer, may initiate a change by completing the project's Change Request form. The initiator gives the Change Request to the Spanlink and Customer project managers to review and process. Change Review and Approval The Customer project manager and the Spanlink project manager are responsible for: · Tracking the change requests. · Evaluating the changes. · Negotiating what the final changes will be. · Obtaining the appropriate approvals for each change. · Adding changes to the Statement(s) of Work. · Implementing changes approved by both parties. The Customer project manager is responsible for obtaining budgetary approval, if needed, for the change. Conflict of Terms and Conditions Whenever there is a conflict between the terms and conditions set forth in a fully executed Change Request and those set forth in the original project, or previous fully executed Chm~ge Request, the terms and conditions of the most recent fully executed Change Request shall prevail. Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 12 Estimated Cost for Professional Services Spanlink Communications, Inc. will provide Professional Services Oll a fixed-price basis, If change of scope occurs and additional hours or days are required to complete the project, services shall be provided at the rates specified in section 6.2. Travel and reasonable living expenses will be billed on an actual cost basis with a not-to-exceed clause. 6.1. Professional Services Estimate Services have been divided to show the estimated time that will be spent on each of the different divisions within the City of Denton. Project Management 20 hours $5,000 Discovery and Design 28 hours $7,000 Development and Testing 16 hours $4,000 Installation, Mentoring and Go-live 45 hours $11,250 Post-cut remote support 6 hours $1,500 IP-ICD 3.0 Services Package Discount ($5,750) Travel Expenses No To Exceed Price $3,000 2 seats of lCD Administration Training $3,000 Total Cost for Professional Services (not including taxes) $29,000 Project Management 8 hours $2,000 Discove~ a~d Design 8 hours $2,000 Development and Testi~ g hours $2,000 lBst~H~tJoB, Mentoring and Go-live 20 hours $5,000 Post-cut remote suppo~ 4 hours $1,000 IP-ICD 3.0 Se~ices Package Discount ($2,400) Travel Expenses Not To Exceed Price' $3,000 1 seat of lCD Administration TraJai~ $1,500 Total Cost for Professional So.ices (not including taxes) $14,100 Total Cost for Professional Services for both departments $43.100 *Reasonable travel expenses as defined and agreed upon by both City of Denton and $ panlink. Spin, link Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 13 6.2. Rates The following rates apply to Spanlink Professional Services. Remote Support $250.00 per hour $350.00 per hour 05 minute incremental billing) (afl minute incremental billing) On-Site Support $2,000.00 per day $350.00 per hour Plus travel and livin~ expenses Plus travel and living expenses Restart Fee If the project is put on hold by the $2,000 customer, a restart fee shall apply. Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 14 Cost for Software, HardWare and Maintenance Spanlink will provide the following at the prices listed below. These prices have been broken into three separate components: 1. Shared components by both City of Denton departments (Customer Service and Waste Management Customer Relations) 2. Customer Service Costs 3. Waste Management Customer Relations Costs ICD-3.0-ENH-BS lCD Enhanced Bundle with: $19,995 1 $19,995 1 - IP-ICD Enhanced Server 10 - Enhanced Agent Desktop 10 - CTI Option 1 - Enhanced Supervisor Desktop 1 - On Demand Recording 1 - Enhanced Historical Reporting ICD-E-3.0-RED Enhanced Redundant Server $5,995 1 $5,995 Subtotal $25,990 Discount (19%) ($4,938) Total Software - Shared Components $21,052 ICD-3.X-E-AGT~ Enhanced Agent Desktop $795 7 $5.565 ICD-3.X~E-CTI1 Per Agent CTI $195 7 $1,365 ICD-3.X-E-SUP1 Enhanced Supervisor Desktop $1,295 2 $2,590 ICD-3.X-E-HIST1 Enhanced Historical Reporting $595 2 $1,190 ICD-3.X-E-REC1 lCD On-demand Recording $145 2 $290 Subtotal $11,000 Discount (19%) ($2,090) Total Software for Customer Service $8,910 Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 15 SPAN@ LIN r. d ~ M U ~,~ I C A T J 0 N S ICD-3.X-E-AGT1 Enhanced Agent Desktop $795 5 $3,975 ICD-3.X-E~CTI 1 Per Agent CTI $195 5 $975 ICD-3.X-E-SUP1 Enhanced Supervisor Desktop $1,295 1 $1,295 ICD-3.X-E-HIST1 Enhanced Historical Reporting $595 1 $595 ICD-3.X-E-REC1 lCD On-demand Recording $145 1 $145 ICD-3.X-E-REC5 lCD On-demand Recording (5 Pack) $725 1 $725 Subtotal $7,710 Discount (19%) ($1,465) Total Software for Customer Relations $6,245 HARDWARE (This is a shared component) MCS-7835 Server without MCS-7835-1265 $14,595 2 $29,190 Tapedrive Subtotal $29,190 Discount (15%) ($4,379) Totals $24,811 Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 16 7.2. Software and Hardware Maintenance Pricing This solution includes maintenance support Monday through Friday 8:00AM to 5:00PM. CON-SAU~ICD3XEBS lCD Enhanced Bundle $3,199 1 $3,199 CON-SAU-ICD30ERED Enhanced Redundant Server $959 1 $959 Total Software Maintenance - Shared Components $4,158 CON-SAU-ICD3X-EA1 Enhanced Agent Desktop $127 7 $889 CON-SAU-ICD3XECTI 1 Per Agent CTI $31 7 $217 CON-SAU-ICD3XESU Enhanced Supervisor Desktop $207 2 $414 CON-SAU-3XEH1 Enhanced Historical Reporting $95 2 $190 CON-SAU-ICD3XERE1 lCD On-demand Recording $23 2 $46 Total Software Maintenance for Customer Service $1,756 CON-SAU-ICD3X-EA1 Enhanced Agent Desktop $127 5 $635 CON-SAU-ICD3XECTI1 Per Agent CTI $31 5 $155 CON-SAU-ICD3XESU Enhanced Supervisor Desktop $207 1 $207 CON-SAU-3XEH1 Enhanced Historical Reporting $95 1 $95 CON-SAU-ICD3XERE1 lCD On-demand Recording $23 1 $23 CON-SAU-ICD3XERE5 lCD On-demand Recording (5 pack) $167 1 $167 Total Software Maintenance for Customer Relations $1,282 8x5x4svc MCS7835-1266 tape CON-SNTE-7835-126 (no tape) $1,693 2 $3,386 Totals $3,386 Spanlink Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 17 S PAN ;LIN[{ 7,3. Pricing Summary Shared Components Customer Service Customer Relations Professional Services n/a $29,000 $14,100 Software $21,052 $8,910 $6,245 Software Maintenance (Year 1) $4,158 $1,756 $1,282 Hardware $24,811 n/a n/a Hardware Maintenance $3,386 n/a n/a Sub Totals $53,407 $39,666 $24,627 Total $114,700 Pricing for Spanlink Professional Services is valid until July 31, 2003. Pricing for Cisco soft~vare and hardware valid until March 31, 2003. Copyrights IP-ICD Statement of Work AB-020819 rev 10 Spanlink Communications, Inc. 7125 Northland Terrace, Suite 100 Minneapolis, MN 55428 © 2002 Spanlink Communications, Inc. All Rights Reserved. Account Manager: Andy Berg Sales Engineer: Nebojsa Damjanovic Trademarks Spanlink, Spanlink Communications, and the Spanlink Communications logo, are registered trademarks of Spanlink Communications, Inc. All other trademarks mentioned in this document are the property of their respective owners. Spin, link Communications, Proprietary and Confidential August 19, 2002 Rev. 10 Page 18 APPENDIX B LIST OF FUNCTIONAL REQUIREMENTS Objective To provide Utilities Customer Service and Solid Waste Customer Relations with a call distribution tool that is digitally based and compatible with other systems within the city. A computer integrated telephony system would enable phone Customer Service management to use a skills based routing method and enable the city to reduce training time of new employees, as well as increase the quality of service to our customer. A new employee could be trained in basic customer service skills in how to handle a particular type of call (i.e. Waste or connect/Disco~mect). As the employee becomes more accustomed to their job duties, ongoing training could be used to broaden their skill set. This system would also provide an accurate reporting of the type c f calls being received and the length of those calls. Basic Call Center Requirements Call Distribution · Reps can monitor call volume · Supervisors can monitor reps, volumes, wait times, etc. Remote Agent · Ability to outsource or route calls when volumes are high Supervisor can: · Silent monitor reps calls and intercept call if needed · Preset limits or defaults limits or defaults in the event supervisor is not available · Have multiple supervisors monitoring multiple teams for "back-up" purposes · Track real-time call center statistics on desktop IVR /A uto A tten dant /A CD · Allows bilingual choices · Directs to skill level of rep - accommodates changes to skill without relocating rep · Changes in groupings can be done at desk top · Assign backup skill groups in the case call volumes exceed certain thresholds Messages · Adds ability to notify customers that there is a high volume of calls · Allows advertising of programs when customer is on hold · Allows Public Service Announcements Reporting · Daily volumes (in total, by rep, peak times, wait time, phone time, hold time, abandoned call volume) · Status at a given time (real-time reporting) · Statistics by rep · How many are sent to each selection type and at what times of the day · Outbound dialer can be reported independently · Flexibility to enable us to change/create repons based on individual needs · Package has 103 canned reports Recording · Recording is available for the supervisor level · Recording can be added to the agent level (has been for Customer Relations) 03/25/03 #4E AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 25, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Ed Hodney 349-8271 SUBJECT Consider adoption of an Ordinance of the City of DeNon, Texas approving an Agreemem between the City of DeNon and the North Texas Umpire Association; approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requiremems of competitive bids; and providing an effective date (File 2997-Agreemem With North Texas Umpire Association in the amoum of $40 per game for an estimated award of $44,000).. FILE INFORMATION The Agreemem between the City of Demon and the North Texas Umpire Association is to supply officiating services for the Adult Slow Pitch spring, summer and fall seasons for men, co- ed, and women's ASA softball games. Each year, the Parks and Recreation Departmem comacts the Amateur Softball Association (ASA) District Commissioner to locate an ASA Umpire's Association that would be available to umpire adult softball league games in Demon. This year and previous years, the North Texas Umpire Association has been the only association (sole source) available for officiating sanctioned adult softball league play in Demon. The North Texas Umpire Association will officiate 1,100 adult softball games for the Parks and Recreation Department during the 2002-2003 fiscal year. The Association will be paid $40 per game and will provide two ASA umpires and one scorekeeper per game. RECOMMENDATION We recommend this Agreemem be approved in the amoum of $40 per game in the approximate total amount of $43,400. PRINCIPAL PLACE OF BUSINESS North Texas Umpire Association DeNon, TX Agenda Information Sheet March 25, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT This Agreement will remain in effect through December 15, 2003. FISCAL INFORMATION This Agreement will be funded from Parks and Recreation account 411170.7868. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Letter From ASA District Commissioner 1-AlS-File 2997 Attachment I .. TEDDY GIBBS Area Vii Vice-President February 21, 2003 Ken Washington Athletics City of Denton Parks and Recreation 321 E. McKinney Denton, TexaS 76201 Mr. Washington: In response to your inquiry about umpire groups in the Denton area for your sottball program, t find that the only group in your area is the North Texas Umpire Association based in Denton. The only other organization that provides umpires is based in the Lewisville area, however, due to their commitments they would probably not be available for your leagues. Based on the information before, i believe that your best option will be to use the Denton umpire group. If you need any other information please do not hesitate to call me. Sincerely, ASA District 13 Commissioner TEXAS AMATEUR SOFTBALL ASSOCIATION P,O. BOX 299002 ~ LEWBVILLE, TEXAS 75029 * BUS. (972) 219-3554 ~ HOME (972) 221-0619 S:\Our Doeuments\Ordinances~O3~qorth Texas Umpire Assoc Ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION; APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. 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 and 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 I. The City Manager or his designee is hereby authorized to execute an agreement for certified softball officiating services between the City of Denton and the North Texas Umpire Association in substantially the form of the agreement which is attached to and made a part of this ordinance for all purposes. SECTION 2. 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_....L~AL AGREEMENT BETWEEN CITY OF DENTON PARKS AND RECREATION DEPARTMENT AND THE NORTH TEXAS UMPIRE ASSOCIATION The City Of Denton, Texas (hereinafter "CITY") and the North Texas Umpire Association (hereinafter "NTUA") enter into the following Agreement: 1. CONTEST A) The NTUA agrees to officiate the 2003 Adult Slow-Pitch Seasons for Men, Coed, and Women ASA softball games that are scheduled by the CITY's Parks and Recreation Department ("PARD") at North Lakes Softball Complex, Denton, Texas. The umpires provided herein are not employees of PARD or the City of Denton but are independent contractors providing contractual services under the terms of this agreement. B) PARD will provide NTUA with a schedule of games depicting leagues and their field assignments for the season. NTUA will receive this information at least two (2) weeks before the season begins. PARD will also provide NTUA with the league's .current rules and regulations that are modified from the current Amateur Softball Association (ASA) rules. c) NTUA will schedule officials so that the ability level of the officiai will match or exceed the level of league play on each field. NTUA will provide up to two (2) umpires and one (1) scorekeeper for each game. 1) Optimally, each field will have two (2) umpires, but when that is not possible, NTUA will insure that the official working alone will be a qualified umpire. 2) The Umpire-In-Charge (UTC) scheduled for each night will ensure that the officials assigned to each field are capable of working that particular level of play. 2. PAYMENT A) In consideration of such services, the PARD will pay NTUA a total of $40.00 per game. B) Payment Determination Both parties will determine the payment to be the calculated number of games scheduled for each particular league times the rate of $40.00 per game: $29 umpire fee, $7 scorekeeper, $4.00 administrative fee. C) Schedule of Payment 1) initial Payment PARD wilt make an initial payment in the amount of one-half (1/2) of the total expected amount for estimated services no later than 7 days before the first game of each season. D) 2) Final Payment PARD will make the final estimated amount owed to the NTUA on or before 14 days after the first scheduled game. If NTUA provides only one official for a game then PARD will be credited $7.00 for each game that has one official working alone. This credit can be used during the current season or during the next season. 3. OFFICIALS NTUA represents officials that are, or will be by the date of the contest, a duly registered umpire who is a member in good standing of the ASA. 4. INTERPRETATION ASA Rules and CITY Softball Rules shall govern play and settle rule disputes. A) If PARD offers a "coaches meeting" NTUA recommends that the executive committee be notified of the date, time, and place of the coaches meeting. We would like to explain new rules, game procedures to the new coaches, and discuss how on-field disagreements will be handled. 5. VOIDING OF AGREEMENT This agreement shall become null and void upon the demise of either organization. This agreement may be canceled at any time by the mutual written consent of both parties upon 30 days written notice, in the event of early termination as provided herein, PARD shall be refunded that portion of the payment associated with the games not yet officiated. 6. NOTIFICATION/SCHEDULE CHANGES All notifications concerning the provisions of the document or of schedule changes shall be in writing to the below address. All game changes will be given to NTUA Assignor 24 hours prior to the change. If notification is not given in this timely manner, an additional administration fee of $3.00 per game will be charged to PARD. A. if initial notification is by phone, then a written confirmation shall thereafter be sent within seven (7) days. 7. INDEMNITY NTUA agrees to indemnify, defend and hold harmless, PARD, the CITY, and their employees and officers from and against any and all claims or actions for inj.udes or damages, including death, arising out of NTUA's performance under this agreement, Page 2 including the negligent acts or omissions of the umpires provided for under this agreement and any claims or actions made or brought by an umpire. This agreement is executed to be effective as of March 28, 2003 by authorized representatives of the parties hereto as set forth betow. City of Denton Name (~ Title / North Texas Umpire Association Date Name Title Date ~Ck,f'¢.~ ,.._~ I ~' O0 City of Denton Parks and Recreation Department Ken Washington, Athletics Manager 349-8523' 349-8384 fax North Texas Umpire Association 524 N Locust, Suite A Denton, TX 76201 898-1561 380-9235 fax Page 3 03/25/03 #4F AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 25, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Vance Kemler 349-8444 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the rental of a landfill dozer/tractor; providing for the expenditure of funds therefore; and providing an effective date (Bid 2974-Rental of Landfill Dozer/Tractor awarded to Hertz Equipment Rental Corp. in the amount of $6375 per month. BID INFORMATION This bid is for the rental of a track type tractor/dozer for the Solid Waste Department. The Solid Waste Department's track loader, EMIS #8560, incurred a major breakdown and has been determined by Fleet Services as not economically repairable. On February 18, City Council approved the purchase of a new tractor/dozer, which is currently on order. This rental will be used until the new dozer is delivered. This equipment is used on the Landfill working face and for other Landfill construction operations. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved the rental of this item at its February 17, 2003 meeting. RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder, Hertz Equipment Rental Corp., in the amount of $6375 per month. PRINCIPAL PLACE OF BUSINESS Hertz Equipment Rental Corp. Frisco, TX ESTIMATED SCHEDULE OF PROJECT The rental period will not exceed five months and is contingent upon the delivery of a new tractor/dozer as approved in Bid 2952. Agenda Information Sheet March 25, 2003 Page 2 FISCAL INFORMATION This item will be funded from the Landfill operating budget account 660300.7802. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AlS-Bid 2974 0 I-- ILl 0 Oh '~ Cq Cq .-I Z ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF RENTAL SERVICES FOR A LANDFILL DOZER/TRACTOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2974- RENTAL OF LANDFILL DOZER/TRACTOR AWARDED TO HERTZ EQUIPMENT RENTAL CORP. IN THE AMOUNT OF $6375 PER MONTH). 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 2974 Hertz Equipment Rental $6375/mo. 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 rent 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 2957 03/25/03 #4G AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 25, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Sharon Mays 349-7237 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a comract for the purchase of truck washing services for DeNon Municipal Electric (DME); providing for the expenditure of funds therefore; and providing an effective date (Bid 2975-TruckWashing Services for DME awarded to Turk's Mobile Detail in the lowest responsive amoum for each item as listed below). BID INFORMATION This bid is for truck washing services for DeNon Municipal Electric (DME) vehicles. This includes vehicles in the Electric Operation, Electric Distribution, and Electric Metering Departmems. The vehicles will be washed and rinsed bi-weekly on scheduled days. Other equipmem such as trailers, pullers, transformers, and pads will be washed upon request. Bid notices were mailed to eight vendors but only one bid was received at the time of bid opening. There are only a limited number of service providers available that offer mobile wash services. The prices quoted are considered fair and reasonable when compared to the estimated cost of labor of taking a vehicle to a wash site plus the cost of the wash service. RECOMMENDATION We recommend the award of Bid 2975 to Turk's Mobile Detailing in the amoum per vehicle as listed on the bid tabulation sheet (Attachmem 1). PRINCIPAL PLACE OF BUSINESS Turk's Mobile Detail Sanger, TX ESTIMATED SCHEDULE OF PROJECT This comract is an annual agreemem that will begin upon approval by Council. Quamities and items to be cleaned will vary based upon the needs of the City of DeNon. Agenda Information Sheet March 25, 2003 Page 2 FISCAL INFORMATION Funding for this service will be provided by account numbers budgeted by DME for fleet and or equipment maintenance. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation sheet 1-AlS-Bid 2975 Attachment 1 BID # 2975 DATE: 2/20/03 TRUCK WASHING AT DME 2 SMALL LINE BODY $40.00 4 LARGE BUCKET TRUCK $40.00 6 POLE TRUCK & TRAILER $30.00 8 DUMP TRUCK $45.00 10 2 TON TRUCK WITH BOX $35.00 12 PICKUP WITH UTILITY BED $30.00 14 EXTENDED CAB PICKUP $25.00 16 BACKHOE $30.00 BACKHOE MUST BE OFF TRAILER 18 TO WASH $0.00 20 FORKLIFT $15.00 22 TRAILERS $15.00 TRANSFORMER & PADS (WASHED 24 $10.00 ON REQUEST) *BID BY THE HOUR) ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK WASHING SERVICES FOR DENTON MUNICIPAL ELECTRIC (DME); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2975- TRUCK WASHING SERVICES FOR DME AWARDED TO TURK'S MOBILE DETAIL IN THE LOWEST RESPONSIVE AMOUNT FOR EACH ITEM AS LISTED BELOW). 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 2975 Turk's Mobile Detail 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 2975 Exhibit A BID # 2975 DATE: 2/20/03 TRUCK WASHING AT DME 2 SMALL LINE BODY $40.00 4 LARGE BUCKET TRUCK $40.00 6 POLE TRUCK & TRAILER $30.00 8 DUMP TRUCK $45.00 10 2 TON TRUCK WITH BOX $35.00 12 PICKUP WITH UTILITY BED $30.00 14 EXTENDED CAB PICKUP $25.00 16 BACKHOE $30.00 BACKHOE MUST BE OFF TRAILER 18 TO WASH $0.00 20 FORKLIFT $15.00 22 TRAILERS $15.00 TRANSFORMER & PADS (WASHED 24 $1o.oo ON REQUEST) *BID BY THE HOUR) 03/25/03 #4H AGENDA INFORMATION SHEET AGENDA DATE: March 25, 2003 DEPARTMENT: Finance/Treasury ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a resolution of the City of Demon, Texas, authorizing the submission of a grant application to the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding for the Denton Teen Court Program for Juveniles; and providing an effective date. BACKGROUND The City of Demon had been utilizing a Title V grant since 1995 to fund the Denton Teen Court Program umil April 1, 2000, when the gram expired. The new gram requires a resolution from the governing body authorizing the submission of the gram application and assuring the return of any lost or misused grant funds. The Denton Teen Court is overseen by an advisory group of people from governmemal and civic imerested organizations covering the full spectrum of the community. The City of Demon, Demon County, Demon Independem School District, and Texas Woman's University have all had an active role in creating and maintaining this program. OPTIONS Cominue the program utilizing gram funds, City of Demon, and Demon County funds Cominue the program utilizing only City of Denton and Denton County funds Discontinue program RECOMMENDATION Staff recommends approving the Resolution as required by the grant for continuing the program utilizing gram funds. ESTIMATED SCHEDULE OF PROJECT The program fiscal year is October 2003 through September 2004. PRIOR ACTION/REVIEW The Council passed a resolution to authorize submission of a grant request to fund the Teen Court Program in previous years. FISCAL INFORMATION The funding request is $20,720 for program operation assistance. EXHIBITS Teen Court Update Resolution Respectfully submitted: Diana Ortiz Director of Fiscal Operations Prepared by: Tom Josey Municipal Court Administrator Teen Court Update The Demon Teen Court was established as a result of a study done by a community planning task force appoimed by the City Council. This community group consisted of persons from governmental and community interest organizations. The current administrative oversight group for the Teen Court and two other juvenile programs is Juvenile Diversionary Services, Inc. of Denton; a non-profit organization dedicated to reducing juvenile crime. They are responsible for direct oversight and policy-making. The Denton Teen Court provides an alternative to the juvenile justice system as a diversionary program for young offenders 10 to 18 years of age charged with Class C Misdemeanor offenses. The early intervention aspect of the Teen Court reduces the likelihood of recidivism or escalation to more serious crimes. The primary goal of teen court focuses on requiring offenders to be accountable for their actions and accepting their guilt. The Teen Court process allows teens to be judged by their peers, which includes determination of the consequences for their behavior. These consequences may be semences off working a number of community service hours, visits to a local youth correctional facility and serving terms of duty as a Teen Court participant. The Teen Court held its first session in September of 1995. Since its first year of operation, 2,069 defendams performed 94,465 hours of community service worth $1,520,605 in free labor to non-profit organizations. Additionally, Teen Court volunteers have donated 17,610 hours of time to the program. The Teen Court program had been funded through a Federal gram that expired in April 1999. since then, Denton County and the City of Denton have shared the cost of operation. The proposed grant will supply approximately $23,000 toward its operational costs. The Teen Court accepts cases from all areas in Demon County. The majority of cases are referred from the Demon Municipal Court. The goal for the year is 600 cases. The program is made possible by donations of personnel time and money from the City of Denton, Denton County Precinct 5 Justice of the Peace, and the Denton Independent School District and the personal time of many volunteers. Teen Court Judges: Hon. Barbara Gailey, Presiding Judge Hon. Joe Bridges, Presiding Judge Associate Judges: Elizabeth Parmer, Hon. Robin Ramsay, Steve Mossman, Hon. Mike Bateman and Jason Pierce Sites receiving this labor include: Early Childhood Departmem at Texas Woman's University Keep Denton Beautiful Denton Central and South Libraries Denia Recreation Center Boys and Girls Club After School Program North Lakes Recreation Center Martin Luther King Recreation Center Denton Civic and Senior Centers Chisolm Trail RSVP Denton Fire and Police Departments Denton Independent School District Demon Community Theater Denton County Main Street Association Denton Soccer Association S:\Our Docmments~Resolurions\03~Denton Teen Court. doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRiMiNAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON TEEN COURT PROGRAM FOR JUVENILES; AND PROViDiNG AN EFFECTIVE DATE. WHEREAS, the Council of the City of Denton finds it in the best interest of the citizens of Denton that the Denton Teen Court be operated for the 2004 year; and WHEREAS, the Council of the City of Demon Ms authorized the City Manager to apply for, accept, reject, alter, or terminate the grant; and WHEREAS, the Council of the City of Demon has agreed to provide the minimum matching percemage for the said project as required by the Criminal Justice Div~ion grant application; and WHEREAS, the Council of the City of Demon has agreed that in the event of loss or misuse of the Criminal Justice Division funds, the City Council of the City of Demon assures that the funds will be returned to the Criminal Justice Division in full; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas, certifies that it is eligible to receive a funding allocation from the Criminal Justice Division of the Office of the Governor, State of Texas, for the Denton Teen Court Program. SECTION 2. That the City Council authorizes and directs the City Manager, or his designee, to represem and act on behalf of the City of Denton in applying for and working with the Criminal Justice Division of the Office of the Governor, State of Texas, in regard to such grant application. SECTION 3. That in the event of loss or misuse of any Criminal Justice Division funds awarded by this grant, the City of Demon assures that the lost ormisused funds will be returned in full. SECTION 4. That the City Manager, or his designee, shall forward a copy of this resolution to the Criminal Justice Division of the Office of the Governor, State of Texas. SECTION 5. That this resolution shall become effective immediately upon its passage and approval. S:\Our Docmments~Resolurions\03~Denton Teen Com:r. doc 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 03/25/03 #41 AGENDA INFORMATION SHEET AGENDA DATE: March 25, 2003 DEPARTMENT: Management and Budget ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an ordinance of the City of DeNon authorizing an Agreemem between the City of DeNon, Texas and the DeNon Festival Foundation for supplememal funding for the 2003 Denton Arts and Jazz Festival; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND Council Member Bob Momgomery has requested that $2,000 from his City Council Comingency Fund for FY2002-03 be provided to the DeNon Festival Foundation. This will provide funding for the contracting of name musicians, such as Branford Marsalis, to perform at the 2003 Denton Arts and Jazz Festival. Since public funds are being provided to an outside agency, an agreemem outlining the purpose for the expenditure and reporting requirements on the expenditure of funds is necessary. This Agreement is an amendment to an existing Agreement with the Denton Festival Foundation, which was approved July 23, 2002 for the 2003 Arts and Jazz Festival. The original Agreemem provided $1,500 in funding from Council Member Perry McNeill's Comingency Fund for the payment of insurance expenses. ESTIMATED SCHEDULE OF PROJECT The term of the Agreement begins on March 25, 2003 and terminates upon completion of the 2003 Festival. PRIOR ACTION/REVIEW None FISCAL INFORMATION The Agreemem is for $2,000 and is funded from Council Comingency Accoum 160099.7742. Agenda Information Sheet March 25, 2003 Page 2 EXHIBITS Council Contingency Fund Expenditure Request Contract from Ted Kurland Associates Ordinance/Agreement Respectfully submitted: Anna Mosqueda Director of Management and Budget Contingency Fund Expenditure Request Date: February 18, 2003 Council Member: Bob Montgomery Amount Allowed for Purchase: $2,000 Remaining Balance if Total Amount is Used: $3,000 Description and Use of Items to be Purchased with Contingency Funds: Denton Arts and Jazz Festival - to be used to pay for Branford Marsalis, a musician, on Friday, April 25, 2003 for a ninety (90) minute show to begin at 9:00 p.m. .................................. INTERNAL USE ONLY .................................. Department Responsible for Contract Compliance: City Manager's Office Purchase Order Number: Date P.O. Issued: Account Number: 160099.7742 Final Cost: $2,000 Balance: $3,000 Budget Approval: Date: Legal Approval: Date: CMO Approval: Date: Contract # 21953 173 Brighton Avenue Boston, Massachusetts 02134 (617) 254-OOO7 Domestic Fax: (617) 782-3577 Emell:agerds(l~t edkurla nd .corn Am~toa~ ~ ~1' Mu-Idem of IBm U~l~d lklll ind Omnadl IHEREIN CALLED Sand or Orou~: BRANFORD MARSALIS Other Acts: TBA 2.) ~&& ~m~ Friday April 25 2003 One Show:. One ninety (90) minute set at 9:00PU un~e~i~ed Pmch of m,--K: (herdn caBed Purcllmer') and the mderdgn.d mmicien (~ musiciBm I. mede this day of 1.) P~coC~F_~eOmne~ DENION NIIS&JAZZFESnVAL CJuJc~~ Number ~ MLm~ans: DeraonTX Artist must approve routing and itinerary of ah'tickets prior to ticketing. Artist to be paid in full in the event of cancellation by purchaser for any mason including inclement weather. 3.) Type o~ Engagement: OUIck30r ~ Capacity: ~ TH~et sca~: free Gnus Po(enbl: N/A 4.) Compe,-,saGan Agreed Upon: ~31~l[][]J]0 (IWENTY-FIVE THOUSAND I. ISD) FLAT GUARAN1EE FiLlS SEVEN (7) ROUNDIRIP OR 1HREE.POINI ItiNERARY AIRFA, RES, ONE (1) SUIIE AND SiX (6) SINGLE HOIEL ROOM~ LOCAL GROUND SOUND & UGHTS PROVIDED BY PROMOTER 5.) Purchsserwilma~peymenlsasfolk~s: CoflfGcisDu.: 1~2,~002 DeposlDue: Deposit: $'12,~ I:~ld9 by CB~E1B) Q'ECI( ONLY to Ted KLdand A~socialx~ BALANCE TO BE PAID DIRECTLY TO THE ARTIST OR ARTISTS' REP IMMEDIATELY PRIOR TO PERFORMANCE g.) ~e~em~ m~m ~ i~~~~ ~ ~ ~, ~ am ~, m~~ ~d~ ~dt~' *** ARTIS~ RIDER ATTACHED HERETO 16 MADE k PART HEREOF"' 81orm,~ ~ Pmmaser (ar .a, gem mereS. IN WITNESS WHEREOF, the parties hereto have hereunto set Iheir names and seals on the day arid year first above written. 81gnatm~ of ~gnatmy Mualclan: Diddle-it, Inc. Denton Arts & Jazz Festival 319 Pmlneylvm~ I:Mim ~FID# = 04-317.427 . ram,ll: '"lor~~£1fl~ ...... ~::~'/.. ~ _ ,r'-//~)~:)'~ VENUE CONTACT: Ray Hmlr AGENT: Eric Haneon Tel: 040-383dl418 FIx: PRODUCTION CONTACT: Ray HMr Tel: 614.46B.6~ Fax: 817.4~1448 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON FESTIVAL FOUNDATION FOR SUPPLEMENTAL FUNDING FOR THE ARTS AND JAZZ COMMITTEE FOR THE 2003 DENTON ARTS AND JAZZ FESTIVAL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROViDiNG FOR AN EFFECTIVE DATE. WHEREAS, the DeNon Festival Foundation (the "Organization") provides for the annual DeNon Arts and Jazz Festival including the 2003 Festival (the "Program"); and WHEREAS, the City and the Organization have entered into that certain agreement dated July 23, 2002 providing for funding for the Program (the "Festival Agreemem"); and WHEREAS, the Organization has requested additional funding which necessitates an amendment to the Festival Agreement, a copy of which is attached to this ordinance and made a part hereof by reference (the "Amendmem"); and WHEREAS, the City Council of the City of DeNon hereby finds that the Program and the Amendmem serve a municipal and public purpose including the promotion of tourism and economic development and the Amendment is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference imo the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Amendmem and to carry out the duties and responsibilities of the City under the Amendmem, including the expenditure of funds as provided in the Amendmem. 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: Page 2 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION This Agreement is made between the City of Denton, Texas, a municipal corporation (the "City") and the Denton Festival Foundation, Inc. (the "Foundation"). WHEREAS, the City and the Foundation entered into that certain agreement dated July 23, 2002 (the "Existing Agreement") providing for funding by the City for insurance for the Foundations Arts and Jazz Committee for the 2003 Denton Arts and Jazz Festival (the "Festival"); and WHEREAS, the Foundation has requested additional funding in the amount of $2000.00 (the "Additional Funding") to be used for the purpose of helping to defray the expense of contracting with name musicians such as Branford Marsalis to perform at the Festival (the "Additional Purpose"); and WHEREAS, the City and the Foundation desire to amend the Existing Agreement to provide for the Additional Funding for the Additional Purpose; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein the City and the Foundation agree as follows: 1. The Existing Agreement is hereby amended to add the Additional Funding to be used for the Additional Purpose. All other terms and conditions of the Existing Agreement shall remain in full force and effect. 2. The City Manager, or his designee, is authorized to deliver the Additional Funding to the Foundation on or after the effective date of the Agreement. Signed effective as of the __ day of ., 2003. CITY OF DENTON, TEXAS BY: EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY iYF,:NTON FE~TI~' L F~OUNDATION, INC. CAROL SHORT ' CHAIRMAN/DIRECTOR Page 2 C:\WINDOWS\TEMPLAmendment to Jazz Festival Agreement.doc 03~25~03 #4J AGENDA INFORMATION SHEET AGENDA DATE: March 4, 2003 DEPARTMENT: Transportation Operations ACM: Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas, amending sections 18-151 and 18-152 of the Code of Ordinances of the City of DeNon, Texas to delegate the authority to enforce parking laws to the University of North Texas Police Departmem adding Kendolph Street between Eagle Drive and Wilshire Street, authorizing the City Manager to sign an Imerlocal Agreement between the City of DeNon and the University of North Texas for the enforcemem of parking regulations by the University of North Texas in the areas described within this ordinance; providing for a severability clause; providing for a savings clause; and providing for an effective date. BACKGROUND Over the past few momhs, concern has been raised about a parking situation that has developed near the University of North Texas (UNT) Campus. The University recemly marked the curbs along numerous city streets adjacem to the Campus as permit parking only between 7:00 a.m. and 10:00 p.m. Monday through Friday. As previously reported to the City Council, both State Law and the City's Code of Ordinances allow the City of DeNon to delegate parking authority and enforcemem to the University. Research indicates that the City has grained UNT comrol of parking on city streets in or near University property since 1981. Most recemly, in June 2001, the inclusion of additional streets in the existing parking enforcement Agreement with the University was approved by the City Council. At that time, the University marked a number of streets in the area of Welch and Bernard that previously were open to the public as permit parking only. The City has been in comact with Chief Richard Deter of the UNT Police to discuss some initial concerns expressed by City Council Members at the beginning of the year. After consultation, Chief Deter has released comrol of the parking immediately adjacem to property in the Bernard and Welch Street area not owned or otherwise controlled by the University. It is estimated that this has returned 38 parking spaces back under City comrol. Additionally, Chief Deter will reduce permit parking time limits in the area from 7 a.m. - 10 p.m. to 7 a.m. - 7 p.m. In return, the University would like to amend our Agreement to grant parking enforcement to the University on Kendolph Street between Eagle and Wilshire along areas that are adjacem to University owned property. The two parties impacted by this amendmem would be the UNT Police Departmem and Mozart Hall, both owned by the University. Both the City and the University feel this is a reasonable solution that also addresses Council's previous concerns. Per the attached ordinance, and subsequent Interlocal Agreement, authority to regulate parking would be delegated to UNT for this additional street, running through, or immediately adjacent to property owned or occupied and controlled by the University. The University would be given the right to assign and regulate parking, charge and collect a fee for that parking, prohibit parking, charge and collect a fee for removal of vehicles in violation, and issue traffic tickets in compliance with Denton Municipal Court established procedure. At the same time the Agreement does not limit the police power of the City, make campus police employees of the City or entitle them to compensation by the City, or restrict the University under other law to enforce laws, ordinances, or rules regulating traffic or parking. RECOMMENDATION Staff recommends approval of the revisions to the ordinance and authorization of the City Manager to enter into an Interlocal Agreement with the University. FISCAL INFORMATION This is currently not an area of parking restriction enforcement for the Denton Police Department so the fiscal impact will be negligible. EXHIBITS Ordinance Interlocal Agreement Respectfully submitted: Jon Fortune, Assistant City Manager Public Safety and Transportation Operations S:\Our Docmments\Ordinances\03LParking Ordinance 18 151,2Version 2.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS 18-151 AND 18-152 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO ADD KENDOLPH STREET BETWEEN EAGLE DRIVE AND WiLSHiRE STREET TO THE STREETS DELEGATED TO THE UNIVERSITY OF NORTH TEXAS POLICE DEPARTMENT FOR THE ENFORCEMENT OF PARKING LAWS; AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS FOR THE ENFORCEMENT OF PARKING REGULATIONS BY THE UNIVERSITY OF NORTH TEXAS IN THE AREAS DESCRIBED WITHIN THIS ORDINANCE; PROViDiNG FOR A SEVERABiLiTY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROViDiNG FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That Section 18-151 and 18-152 of the Code of Ordinances of the City of Demon shall be amended to read as follows: Article V. Special Regulations at University of North Texas Sec. 18-151. Authority granted to board of university; purposes. The governing board of the University of North Texas is hereby granted and delegated jurisdiction and control of the parking lanes within the street portions described in section 18 152, which street portions either: (1) abut property owned by the state and under the conrol of the University of North Texas, or (2) are delegated to the University of North Texas through the Fry Street Small Area Plan, for the following purposes: (1) To assign parking spaces and designate parking areas and their use and assess a charge therefor; (2) To prohibit parking as it deems necessary; (3) To remove vehicles parked in violation of its rules and regulations, the laws of the state, or the ordinances of the city, at the expense of the violator; (4) To issue traffic tickets in compliance with the procedtre established by the City of Denton Municipal Court; S:\Our Docmments\Ordinances\03~Parking Ordinance 18 151,2Version 2.doc (6) To issue parking tickets in compliance with the procedures established by the University of North Texas Police Department; To enforce traffic laws through its commissioned peace officers jointly withcity police officers; (7) To enforce parking regulations through its commissioned peace officers and public safety officers. (Code 1966, 24-171) State law reference - City delegation of parking regulation Education Code 105.93. Sec. 18-152 Streets under university jurisdiction; parking restrictions. (a) authority, V.T.C.A., The portions of the streets for which the governing board of the University of North Texas has been delegated jurisdiction and control pursuant to section 1 $ 151 are as follows: 1. Avenue A, both sides, from Hickory Street to Mulberry Street; 2. Avenue A, both sides, from Chestnut Street to Prairie Street; 3. Avenue A, both sides, from Highland Street to Eagle Drive; 4. Avenue B, both sides, from Hickory Street to Mulberry Street; 5. Avenue B, both sides, from Maple Street to Eagle Drive; 6. Avenue C, both sides, from Hickory Street to Eagle Drive; 7. Avenue D, east side, from Hickory Street to Sycamore Street; 8. Avenue D, both sides, from Highland Street to Eagle Drive; 9. Avenue D, both sides, from Sycamore Street to Chestnut Street; 10. Central Street, both sides, from Highland Street to Maple Street; 11. Chestnut Street, both sides, from Avenue A to Bernard Street; 12. Chestnut Street, both sides, from Avenue C to Avoaue E; Page 2 of 4 S:\Our Docmments\Ordinances\03~Parking Ordinance 18 151,2Version 2.doc 13. Edwards Street, both sides, from Avenue E to Avenue D; 14. Fry Street, both sides, from Oak Street to Hickory Street; 15. Hickory Street, both sides, from Avenue B to Welch Street; 16. Highland Street, both sides, from Avenue E to Bernard Sreet; 17. Maple Street, both sides, from Avenue D to Bernard Street; 18. Mulberry Street, both sides, from Avenue D to Avenue B; 19. Mulberry Street, both sides, from Avenue A to Bernard Street; 20. Oak Street, both sides, from Avenue B to Welch Street 21. Prairie Street, both sides, from Avenue A to Bernard Street. 22. Sycamore Street, both sides, from Welch Street to Bernard Street; 23. Sycamore Street, both sides, from Avenue C to Avenue D; 24. Sycamore Street, south side, from Avenue E to Aveme D; 25. Welch Street, both sides, from Mulberry Street to Oak Street. 26. Kendolph Street, both sides, between Eagle Drive and Wilshire Street. (b) However, no parking shall be permitted upon any street portion described in subsection (a) of this section which is contrary to any provision of the Texas Transportation Code, or to any ordinance pertaining to any such street portion. SECTION 2. That the City Manager, or in his absence, his designee, is hereby authorized to execute an Interlocal Agreement between the City of Denton and the University of North Texas, substantially in the form of the attached agreement, to delegate the authority to enforce parking laws to the University of North Texas Police Department for the streets or portions of the streets named in the Fry Street Small Area Plan as well as all streets or portions of streets previously delegated and listed in this ordinance. SECTION 3. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competem jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Demon, Texas hereby decttres it would have enacted such remaining portions despite any such invalidity. Page 3 of 4 S:\Our Docmments\Ordinances\03kParking Ordinance 18 151,2Version 2.doc SECTION 4. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall retain in full force and effect. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 4 of 4 S:\Our Documents\Contracts\03\University Streets Vet 2.doc THE STATE OF TEXAS § COUNTY OF DENTON § This Interlocal Agreement referred to as "the University," the INTERLOCAL AGREEMENT is made between the City of Denton, Texas, hereinafter City" and the University of North Texas, hereinafter referred to as "the effective date of the Interlocal Agreement being ,2003. WHEREAS, City and University mutually desire to be subject to the provisions of V.T.C.A., Government Code, Chapter 792, the Interlocal Cooperation Act; and WHEREAS, both parties have the ability to perform the governmental fimctions set forth in the body of this contract and agree that there is fair, valuable and adequate consideration for the mutual obligations undertaken; NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: The City, through its City Council, hereby delegates to the University the authority to regulate the parking of vehicles on the following Denton public streets running through or immediately adjacent to property owned or occupied and controlled by the University, to wit: 1. Avenue A, both sides, from Hickory Street to Mulberry Street; 2. Avenue A, both sides, from Chestnut Street to Prairie Street; 3. Avenue A, both sides, from Highland Street to Eagle Drive; 4. Avenue B, both sides, from Hickory Street to Mulberry Street; 5. Avenue B, both sides, from Maple Street to Eagle Drive; 6. Avenue C, both sides, from Hickory Street to Eagle Drive; 7. Avenue D, east side, from Hickory Street to Sycamore Street; 8. Avenue D, both sides, from Highland Street to Eagle Drive; 9. Avenue D, both sides, from Sycamore Street to Chestnut Street; 10. Central Street, both sides, from Highland Street to Maple Street; 11. Chestnut Street, both sides, from Avenue A to Bernard Street; 12. Chestnut Street, both sides, from Avenue C to Avenue E; 13. Edwards Street, both sides, from Avenue E to Avenue D; Page 1 of 3 S:\Our Documents\Cont~acts\03\Urfiversity Streets Vet 2.doc 14. Fry Street, both sides, from Oak Street to Hickory Street; 15. Hickory Street, both sides, from Avenue B to Welch Street; 16. Highland Street, both sides, from Avenue E to Bernard Street; 17. Maple Street, both sides, from Avenue D to Bernard Street; 18. Mulberry Street, both sides, from Avenue D to Avenue B; 19. Mulberry Street, both sides, from Avenue A to Bernard Street; 20. Oak Street, both sides, from Avenue B to Welch Street; 21. Prairie Street, both sides, from Avenue A to Bernard Street. 22. Sycamore Street, both sides, from Welch Street to Bernard Street; 23. Sycamore Street, both sides, from Avenue C to Avenue D; 24. Sycamore Street, south side, from Avenue E to Avenue D; 25. Welch Street, both sides, from Mulberry Street to Oak Street. 26. Kendolph Street, both sides, from Eagle Drive to Wilshire Street. On the above streets, the University is authorized (1) to assign and regulate parking spaces for its use, (2) to charge and collect a fee from its personnel and students for parking, (3) to prohibit parking, and (4) to charge and collect a fee for removing vehicles parked in violation of law ordinance or in violation of a rule governing the parking of vehicles adopted by the Boards of Regents of the University. The University agrees to leave existing parking meters on Avenue A, Fry Street, and Hickory Street. The University also agrees no changes will be made to the existing meters without the agreement of the City. It is further agreed that this Interlocal Agreement does not (1) limit the police power of the City of its law enforcement jurisdiction, (2) render campus peace officer an employee of the City or entitle a campus peace officer to compensation from the City, or (3) restrict the power of the University under other law to enforce laws, ordinances, or rules regulating traffic or parking. This Interlocal Agreement shall be automatically renewable for successive periods of one year unless either party gives sixty (60) days written notice to termination to the other party prior to the beginning of the renewable term. Page 2 of 3 S:\Our Documents\Contracts\03\University Streets Ver 2.doc Signed and executed this the day of , 2003, by the appropriate representatives of the City and the University, the effective date of the agreement to be ,2003. CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: UNIVERSITY OF NORTH TEXAS ATTEST BY: / Chief of Police University of North Texas BY: UV!~;e~ sh~i~e-}} O~o:~ G~aesr a 1 Counsel Page 3 of 3 03/25/03 #4K AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: March 25, 2003 City Manager's Office Mike Conduff, City Manager SUBJECT An ordinance of the City of DeNon, Texas approving and authorizing the Mayor to execute an agreement between the City of Denton and the County of Denton for the rental of voting machines, equipment, supplies; programming for the tabulation of votes and the establishment of a Central Counting Station; and providing an effective date. BACKGROUND In 1993 the City of DeNon and DeNon County eNered iNo an agreement to tabulate voting results for the join elections of the City and the DeNon IndependeN School District. Since that time, the method of voting has changed from a punch card system to an electronic voting system. This agreement reflects that change and also incorporates the renal of equipmeN and supplies from the County for use during early voting and on election day. Respectfully submitted: Jennifer Walters City Secretary S:\Our Docmments\Or dinances\03~Denton County Voting Equip Ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE RENTAL OF VOTING MACHINES, EQUIPMENT, SUPPLIES; PROGRAMMING FOR THE TABULATION OF VOTES AND THE ESTABLISHMENT OF A CENTRAL COUNTING STATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to conduct elections by using an electronic voting system and seeks the County of Denton's assistancein providing the necessary equipment and programming for the tabulation of results; and WHEREAS, the County of Denton is agreeable to the rental of equipment, the operation of a vote tabulation system for the City of Denton and to provide a Central Courit~g Station; and WHEREAS, the County of Denton and the City of Denton mutually desire to be subject to the provisions of the Interlocal Cooperation Act, V.T.C.A., Governmental Code Section 791.002 and contract pursuant thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute an agreement between the City of Denton and the County of Denton providing for the rental of equipment and the providing of a Central Counting Station, a copy of such agreement being attached hereto and incorporated by reference herein. SECTION 2. That the City Manager or his designee is hereby authorized to make the expenditures and take the actions setforth in the attached agreement. SECTION 3. 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: S:\Our Docmments\Uontracrs\03~Denton Comity Voting Equip Contract. doc STATE OF TEXAS § COUNTY OF DENTON § iNTERLOCAL COOPERATION AGREEMENT FOR THE RENTAL OF EQUIPMENT, THE PROGRAMMING FOR THE TABULATION OF VOTES AND ESTABLISHMENT OF A CENTRAL COUNTING STATION WHEREAS, the City of Denton, Texas, herein referred to as City, and the County of DeNon, Texas, herein referred to as County, are both local governmems with the authority and power to contract; and WHEREAS, the City and the Denton Independent School District have contracted to have their annual election of council members and trustees to be held joimly and conducted by the City; and WHEREAS, the City desires to conduct the annual joint election by using an electronic voting system and seeks the County's assistance in the rental of necessary equipment andthe operation of a Central Counting Station for counting ballots; and WHEREAS, the County is agreeable to reining equipment and operating a vote tabulation system for the City; and WHEREAS, the County and the City mutually desire to be subject to theprovisions of the interlocal Cooperation Act, V.T.C.A., Governmental Code Section 791.002 and to contract pursuant thereto; and WHEREAS, both parties have the authority to perform the governmental functions set forth herein; and WHEREAS, the City will make all payments for the services provided by the County from current revenues available to it and the County agrees that the compensation provided it herein is an amount that fairly compensates it for the services performed under this Agreement. NOW, THEREFORE, the County and City for the mutual consideration hereinafter stated, agree as follows: Scope of Service The DeNon County Election Administrator, hereinafter referred to as Election Administrator, agrees to establish a Central Counting Station and administer the operation of the Counting Station to tabulate the votes cast in the joint election in accordance with the provisions of the Texas Election Code, hereinafter referred to as Code, and as outlined in the Agreement. The Election Administrator also agrees to provide the necessary equipment for voting purposes. All S:\Our Docmments\Uontr acrs\03~Denton Coanty Voting Equip Contract. doc other matters associated with conducting the election shall be the responsibility of the City and the Denton Independent School District. e Electronic Voting System The City agrees that voting for the joint election will be by use of an electronic voting system approved by the Secretary of State in accordance with the Code. The Election Administrator will be responsible for the preparation of programs and the testing of the dectronic voting system used for tabulating. The cost of supplies necessary to provide a complete system ready for operation, programming and testing of equipment used at the Central Counting Station, and other election equipment necessary for the proper conduct of the election, and using the electronic voting system for the election, will be determined by the Election Administrator and approved by the City. The Election Administrator agrees to establish a Central Counting Station to tabulate results as outlined in Section 4 of this Agreement. ge Election Judges, Clerks, and other Election Personnel The Election Administrator will arrange for the selection of a Tabulation Supervisor and any other personnel necessary for the efficient tabulation of resull~ at the Central Counting Station. The County personnel operating the Central Counting Station shall be fairly compensated in an amount fixed by the County with the approval of the City from current revenues available to the City but the total amount of all County services performed herein to be paid by the City shall not exceed Five Thousand Dollars ($5,000). All other judges and clerks necessary for the proper administration of the election will be compensated by the City. The parties hereto, in accordance with Section 127.002, 127.003 and 127.005 of the Code, appoint the following Central Counting Station officials: Manager - Denton County Election Administrator Tabulation Supervisor- Appointed by the Election Administrator Presiding Judge - Appointed by the City Returns of the Election The Election Administrator will be responsible for establishing and operating the Central Counting Station to receive and tabulate the voting results in accordance with the provisions of the Code and of this Agreement. The complete control of the Central Counting Station will rest with the Manager of the Central Counting Station, in accordance with Section 127.002 of the Texas Election Code. Access to the Central Counting Station shall be determined by the Manager of the Central Counting Station and shall include but not be limited to the Manager of the Central Counting Station, the Tabulation Supervisor, the Presiding Judge of the Central Counting Station, the City Secretary, and any other official as deemed recessary by the Manager of the Central Counting Station or as provided by law. Page 2 S:\Our Docmments\Contr acrs\03~Denton Comity Voting Equip Contract. doc The Manager or his representative will deliver timely cumulative reports of the election results as precincts are tabulated. The Manager will be responsible for releasing cumdative totals and precinct returns from the election to the candidates, the press, and general public. The Denton County Election Department will prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the mofficial canvass to each participating authority as soon as possible after all returns have been tabulated, but in no event later than 10:00 a.m. the Monday following the election, and in time for the City to canvass the returns of the election in accordance with the Code. Run-Off Election/Special Elections If a run-off election becomes necessary for the City, the rul~off election will be held as provided by the Code. The Election Administrator will provide the same services for this election as are to be provided for regular elections. The provisions of this Agreement shall also apply to any special election the City shall hold in which the services of the County are required. e Liability The City agrees to and accepts full responsibility for theacts, negligence, or omissions of all of the City's employees, and agents, in performance of this Agreement with the County to the extent allowed by law. The County agrees to and accepts full responsibility for the acts, negligence, or omissions of all of the County's employees, and agents, in performances of this Agreement with the City to the extent allowed by law. It is further agreed that if a claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas, It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto. e Governmental Function The fact that the County and the City accept certain responsibilities underthis Agreement as a part of their responsibility for providing for orderly election in the County and City makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immmity shall be, and it is hereby invoked to the full extent possible under the law. Neither the City nor the County waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental functions. Page 3 S:\Our Docmments\Uontracrs\03~Denton Comity Voting Equip Contract. doc ge Terms This Agreement shall become effective on the date of passage and shall be automatically renewed for successive additional one (1) year terms commencing on the date of approval unless the County or the City in writing on or before the first day of January prior to a successive term notifies the other party of its desire to terminate this Agreement. e Miscellaneous Provisions A. This Agreement represents the entire and integrated Agreement between the City and the County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and County. B. The Agreement and any of its terms or provisions,as well as the fights and duties of the parties hereto, shall be governed by the laws of the State of Texas. C. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. D. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf (f the parties hereto, and each party hereby certifies to the other that any necessary ordinances, resolutions, or orders extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this the day of ,2003. County of Denton, Texas City of Denton, Texas Don Alexander Denton County Elections Administrator Euline Brock Mayor Attest: Jennifer Walters, City Secretary Approved as to Legal Form Herbert L. Prouty, City Attorney By: Page 4 03/25/03 #4L AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 25, 2003 Airport and Transit Operations Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider adoption of an Ordinance approving a commercial operator Airport Lease Agreemem between the City of Demon and JVC Real Estate; and providing an effective date. BACKGROUND John Vann, Presidem of JVC Real Estate wishes to lease a parcel of land totaling approximately 7,700 square feet of land at the Denton Airport. The terms of the Lease will obligate JVC Real Estate to construct a hangar facility within 720 days. This facility will be constructed for the purpose of commercial or general aviation aircraft storage. Mr. Vann has indicated that this development will be the first in series of up to four total hangar/office facilities at the Denton Airport. OPTIONS I. Approve the Lease as proposed. II. Provide staff direction with additional Lease options. RECOMMENDATION The Airport Advisory Board and staff recommend the approval of the Lease as proposed. ESTIMATED SCHEDULE OF PROJECT The Lease would become effective April 1, 2003 and continue through the 30th day of April 2033 (30 years). The Lease also provides for two successive option terms often years each. PRIOR ACTION/REVIEW The City Attorney's Office has reviewed the proposed Lease. The Airport Advisory Board recommends approval of the Lease as presemed. FISCAL INFORMATION The Lease rate for the identified site is $0.12 per square foot per year. The Lease rate for the first two years will be $924 per year. The Lease Agreement provides for rate adjustments, and Consumer Price Index adjustments every other year for the term of the Lease as per FAA requirement. EXHIBITS Ordinance Lease Agreement Attachment A Respectfully submitted: Mark Nelson Director of Airport and Transit Operations S:\Our Documents\Ordinances\03Wann Airport Lease.doc ORDINANCE NO. AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND JVC REAL ESTATE LLC FOR USE OF A PORTION OF THE DENTON MUNICIPAL AIRPORT FOR COMMERCIAL HANGAR/OFFICE AND RELATED AVIATION FACILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Denton Airport Advisory Board has recommended the approval of the herein described Airport Lease Agreemem; and WHEREAS, the City Council of the City of Demon, Texas hereby finds that said Airport Lease Agreement is in the public interest; NOW, THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute an Airport Lease Agreement between the City of Denton and JVC Real Estate LLC in substantially the form of the Airport Lease Agreement which is attached to and made a part of this ordinance for all purposes, for the purpose of providing commercial hangar and related aviation facilities at the Demon Municipal Airport. SECTION 2. 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: THE STATE OF TEXAS § COUNTY OF DENTON § AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR KNOW ALL MEN BY THESE PRESENTS: This lease is made and executed this 25th day of March, 2002, at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", and JVC Real Estate LLC having principal offices at 1424 Gables Court, Plano, Texas 75075, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Mtmicipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONDITIONS OF AGREEMI:/',NT' NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. PRINCIPI,ES f)V OPF. RATIONS. The fight to conduct aeronautical and related activities for furnishing services to the public is granted to Lessee subject to Lessee agreeing: To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof; and To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. NON-DISCRIMINATION: Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: No person on the grounds of race, religion, color, sex, or national origin shall be excluded fi.om participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; In the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded fi.om participation in, denied the benefits of, or otherwise be subjected to discrimination; Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Fedemlly assisted programs of the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. C. RIGHT OF INDtXOT)IIALS TO MAINTAIN All, CRAFT.. It is clearly understood by Lessee that no fight or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport fi'om performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. NON-EXCLI ISIVE RIGI4T. It is understood and agreed that nothing herein contained shall be constmed to grant or authorize the granting of an exclusive fight within the meaning of Title 49 U.S.C. Appendix §1349. E. PII'VIIJC AREAS. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance. Lessor shall be obligated to maintain and keep in good repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of LessOr, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. VANN LEASE 03.DOC-Pa~e 2 This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or ag~cy thereof, relative to the operation or maintenance of the airport. II. LEA~EI'} PREMISES Lessor, for and in considerati°n of the covenants and agreements herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas: A.l.and. A tract of land, being approximately 7,700 square feet, or 0.177 acres, drawn and outlined on Attachment "A" as Lot 11 and known as 4730 Lockheed Lane. Within 30 days of the approval of this agreement, Lessee will provide City of Denton Legal Department a legal description, identified as Attachment "B" to be incorporated in the Lease agreement. Should a legal description of 4730 Lockheed Lane not be provided within the 30-day time frame, Lessor has the right to terminate this agreement. Together with the fight of ingress and egress to said property; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees. For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and identified within Attachment "B", including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. B. IMPROVF~MF, NTR PROVIDED FlY I,ESRCIP~: NONE: There will be no improvements provided by Lessor, except as set forth in Article ILE. "Access to Utilities" below. For the purpose of this Agreement, the term "Lessor improvements" shall mean those things on or adjacent to the Premises belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, ail Lessor improvements are and will remain the property of Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor. C. IMPROVEMENTS PRC)VIDF. D FIY LESSEE. On Lot 11, Lessee shall construct a hangar/office facility not less than 2,500 square feet with taxiway access and appropriate culverts or drainage as required by City ordinances in the utility right of way south and north of the proposed hangar as well as other improvements as determined necessary by City ordinances. A building permit shall be pulled for said improvements w/thin 270 days and said improvements shall be completed not less than 720 days from the date of this agreement. D. F. ASF. MF, NTS. Lessor and Lessee by mutual agreement may establish, on the leased premises, easements for public access on roads and taxiways. VANN LEASE 03.DOC-Page 3 E. ACCI~..q,q TO IITTT.IT1F. S. Lessor represents that there are water and 3-phase electricity lines within three hundred feet (300') of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises. Lessee will be required to connect to the sewer line located approximately fifty feet (50') north of said lot. III. TERM The term ofth/s Agreement shall be for a per/od of thirty years (30), commencing on the 1st day of April, 2003, and continuing through the last day of March, 2033, unless earlier terminated under the provisions of the Agreement. Any attempt by Lessee to renegotiate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the stated term of this lease, and at least 180 days before the expiration of any additional renegotiated period. Lessee has the option to renew for two (2) additional ten (10) year terms. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the airport. IV. PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and fees: A. LAND RENTAT,. lessee shall pay to the Lessor for the use and occupancy of the premises the sum of twelve cents ($0.12) per square foot per year, for a total of $924 due and payable in twelve (12) equal monthly installments in the sum in advance, on or before the 1st day of each and every month during the ten-n of this agreement. Lessee may have the option to pay annual rentals and fees in whole on or before the 1st day of October, at the beginning of the City's fiscal year, each and every year of this lease. Notwithstanding the foregoing, the annual lease rental to be reduced by the current lease rate per square foot, times the number of square feet comprising all easements established in accordance with Article ri(D) B. T,ES,qOR IMPROVEMF, NT~q RF, NTALS. NONE: There are no Lessor improvemumts on the leased premises. C. PAYMENT: PENAT,TY, ADJII~qTMENTS. All payments due Lessor from Lessee shall be made to Lessor at the offices of the Finance Department of the City of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas, unless otherwise designated in writing by the Lessor. If payments are not received on or before the 15th, a five (5) percent penalty will be due as of the 16th. If payments are not received by the 1st of the subsequent month, an additional penalty of one (1) percent of the unpaid rental/fee amount will be due. A one (1) percent charge will be added on the 1 st of each subsequent month until the unpaid rental/fee payment is made. Failure to pay the rent or penalty amounts on delinquent rent shall constitute an event of default of this lease. VANN LEASE 03.DOC-Pa~e 4 The yearly rental for land and improvements herein leased shall be readjusted at the end of each two (2) year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the applicable index at the execution of this lease. The original land rental amount is based upon the formulae set forth in Section IV.A. for the land herein leased. Each rental adjustment, if any, shall occur on the 1st day of Aprit, beginning 2005, and every year thereafter on such date. The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section IV.A. by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number applicable at the execution of this lease. If the product of this multiplication is greater than the minimum yearly rent as set forth in Section IV.A., Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than the minimum yearly rent of as set forth in Section IV.A., there shall be no adjustment in the annual rent at that time, and Lessee shall pay the previous year's annual rent until the time of the next rental adjustment as called for in this section. In no event shall any rental adjustment called for in this section result in an annual rent less than the previous year's annual rent. The adjustment shall be limited so that the annual rental payment determined for any given year shall not exceed the annual rental payment calculated for the previous year by more than ten (10) percent. If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth in Subsection (a) above, but substituting the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas-Fort Worth geographical region and the U.S. City Average are discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE A. l rg~. OF LEA~qF.D PRF, MISE~q. Lessee is granted the non-exclusive privilege to engage in or provide the following: VANN LI~ASE 03 .DOC-Page Hangar l.eases and Rental The rental or lease of hangars and hangar space and related facilities upon the leased premises. Office Space Lea~qe or Rental. The rental or lease of office space in or adjoining Lessee's hangars. Alters.Pr and Storage_ To provide storage of both Lessee's and sublessees' aircraft and aviation related equipment and supplies upon or within the leased premises. Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the leased premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services. B. STANDARDS_ Lessee shall meet or exceed the following standards: Address. Lessee shall file with the Airport Manager and keep current his mailing addresses, telephone numbers and contacts where he can be reached in an emergency. l,ist. Lessee shall file with the Airport Manager and keep current a list of his tenants and sublessees. Conduct Lessee shall contractually require his employees and sublessees (and sublessee's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce his contractual fights in the event of a default of such covenants. Utilities; Taxes and Vee.q. Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. I2sv_s. Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or pen-nits. Maintennnce of Property. Lessee shall be responsible for the maintenance, repair and upkeep of all property, buildings, structures and. improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectional matter or thing. Lessee agrees not to utilize or permit others to utilize areas on the leased VANN LEASE 03 .DOC-Page premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation. Painting nfl:hfilding~q_ During the original term of this Lease and during each extension, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) or building(s) located on the premises be reviewed by the Airport Advisory Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessary. If the Airport Advisory Board determines painting is necessary, it shall furnish a recommendation to this effect to the City Council. The Council, may, upon the Board's recommendation, require Lessee to repaint said exteriors according to Lessors specifications (to specify color of paint, quality of workmanship and the year and month in which the hangar(s) or building(s) are to be painted, if needed.) Lessee shall complete the painting in accordance with such specifications within one (1) year of receipt of notice from Lessor. Lessee agrees to pay all costs and expense involved in the hangar or building painting process. Failure of Lessee to complete the painting required by Lessor's City Council within one (1) year period shall constitute Lessee's default under this Lease. Unauthor/zed u~qe of premises. Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or estabhshed on or within the leased premises nor may lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. t0. Quit Passession. Lessee shall quit possession of all premises leased herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor ha as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. 11. Nc}Id Harmless. Lessee shall indemnify and hold harmless Lessor from and against all loss and damages, including death, personal injury, loss of property or other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises. 12. Chemicals. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with ali Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints. VAi,IN LEASE 03.DOC-Page 7 13. Hazardous Activities. Should Lessee violate any law, role, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obstructions to visibility or interference with any aircraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist fi:om all such activity creating the violation(s). In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, role or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist fi.om said violation(s) and to immediately commence correcting the violation(s), and to complete said corrections within twenty-four (24) hours following written notification, then Lessor shall have the right to enter onto the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process. C. SIGNS. During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the leased Premises signs identifying Lessee. Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program estabhshed by Lessor for the Airport. Lessor's approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreement. Notwithstanding any other provision of this agreement, said signs shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. VI. COVENANTS BY LESSOR Lessor hereby agrees as follows: A. PEACF. FI r[, F, NJOYM-F~NT. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; B. COMPLIANCE. Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor'has heretofore and at this time is complying with all existing rotes, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air fights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or VANN LEASE 03.DOC-Page 8 similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions. A. RIIN-WAYS AND TAXIWAYS. That because of the present fifteen thousand (15,000) pound continuous use weight bearing capacity of the designated taxiway (Lockheed Lane), Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of fifteen thousand (15,000), until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattem of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject Lessee to liability for any damages to the Airport that might result. VIII. LEASEHOLD IMPROVEMENTS A. ltF, QIiTRFMI~,NTS: Before commencing the construction of any improvements upon the premises, Lessee shall submit: Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the leased premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport. All plans and specifications showing the location upon the premises of the proposed construction; 3. The estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construc- tion and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreasonably withheld; should the Council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plans and specifications shall be VANN LEASE 03.D0C-Pa~e 9 deemed approved. Documentary evidence of the actual cost of construction on public areas only (such as tax/ways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for ali purposes of this agreement. B. ADDTTTONAI. CONSTRI ICTIC~N OR IMPRC}VEMF. NTS: Lessee is hereby authorized to construct upon the land herein leased, at his own cost and expense, buildings, hangars, and struc- tures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improve- ments upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII.A., above. C. OWNqqRS}-llP OF 1MPROVF, M~NTS: All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions: Removal of Buildings. No building or permanent fixture may be removed from the premises. Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. B~ilflingZ,~. It is agreed that the life of the building to be constructed by Lessee on the property herein leased is thirty years (30). Cancellation. Should this lease be cancelled for any reason before the end of the thirty (30) year expected building life, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one thirtieth (1/30) of the undepreciated value of such building for each year remaining on the agreed life of such building. The undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. IX. SUBROGATION OF MORTGAGEE A. Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, VANN LEASE 03.DOC-Page 10 have the fight to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term of this lease. It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements. B. Lessee shall have the right to place a first mortgage lien upon the leasehold in an amount not to exceed eighty-five percent (85%) of the construction cost or current market value of the leasehold improvements. X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing underground utility services to, from or across the airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction. Construction in or at the easement shall be completed within a reasonable time. XI. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10%) of the interest in his business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreason- ably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the airport related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of this lease shall remain binding upon the assignees, if any, of Lessee. XII. INSURANCE A. I~RQIIIRED IN.qlIRANCF.: Lessee shall maintain continuously in effect at ali times during the term of this agreement, at Lessee's expense, the following insurance coverage: 1. Comprehensive general liability coveting the leased premises, the Lessee or its company, its personnel, and its operations on the airport. 2. Aircraft liability to cover ali flight operations of Lessee. VANN LEA8~ 03,DOC-Page 11 Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liabihty insurance limits shall be in the following minimum mounts: Bodily Injury and Property Damage: One Million Dollars ($1,000,000) combined single limits on a per occurrence basis. All policies shall name the City of Denton as an additional named insured and provide for a mhfirnum of thirty days (30) written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies and renewal certificates. During the term of this lease, Lessor herein reserves the fight to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with ail increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended tenn of this lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements w/thin sixty (60) days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance, which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require types of insurance and/or insurance mounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law. Failure of Lessee to comply with the minimum specified mounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. VANN LEASE 03.DOC-Pa~e :c2 XHI. CANCELLATION BY LESSOR In the event that Lessee shalI file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this lease by written notice to Lessee. In the event of default, Lessor has the fight to purchase any or all structures on the leased premises under the provisions of Section VIII. Paragraph C.4. (Cancellation) hereof. XIV. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any taw or any order, nde or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be apphcable at that time. XV. MISCELLANEOUS PROVISIONS A. ENTrRE AGREEMENT. This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. BINDING ~.FFECT. All covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective VANN LEASE 03,DOC-Page 13 parties hereto. C. SEVER Al:lit,lTV. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. NOTICF.. Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid as follows: 1. If to Lessor, addressed to: City Manager City of Denton 215 E. McKinney Street Denton, Texas 76201 2. If to Lessee, addressed to: JVC Real Estate LLC John Vann, President i424 Gables Court Plano, Texas 75075 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. E. ~. The headings used in this Agreement are intended for convenience of reference only and do'not define or limit the scope or meaning of any provision of this Agreement. F. GOVERNqNG I,AW. This Agreement is to be construed in accordance with the laws of the State of Texas. G. MEDIATION. Prior to instituting suit in a court of competent jurisdiction, the parties shall, in good faith attempt to settle any controversy or claim by any party hereto arising out of or relating to this Agreement by mediation in accordance with the laws and mles, then obtaining, of the State of Texas and the State Bar of Texas. H. NO WAIVER. No waiver by Lessor or Lessee of any default or breach of covenant or term of this lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Agreement. I. INDEPENDENT CONTRACTOR. During alt times that this Lease is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an VANN LEASE 03.DOC~Page 14 agent or employee of the Lessor with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or constmed to constitute a partnership or joint venture between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year fLrst above written. CITY OF DENTON, TEXAS, LESSOR BY: Michael A. Conduff, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CITY OF DENTON, TE S BY: JVC Real Estate LLC ~ Real Es~"V~'atP;~iLdc[' VANN LEASE 03.DOC-Page 15 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the }~ t~day of March, 2003 by LESSEE. N~rr',:~'~ PUBLIC II NO~/ARY PUBLIC, STATE OF TEXAS S~ T My Commission Expires: ,.~- VANlg LEASE 03.DOC-Pa~e 16 Concrete Monument North West Corner Lot 1, Block Southeast Airport Addition Cabinet G, Page 295 Lot 5 ATTACHMENT "A" Lot 4 150' & Lot / TAXIWAY DRAINAGE UTILITY EASEMENT S 88°:;36'10"E 70.00' O O d Lot 12 .~ LE~EN~ NO = NATURAL GROUNO DER - BUR[ED ELECTRIC RISER IRF - IRON ~OO FOUN0 ~RS,~¢AP: ~/~" ~RON ROD SET w/C~P FC~ = F~NC{ CORNER POST P L. ' PROP~T~ ~ L. · ~U~LDING LINE U [ = UTILIT~ ~AS[M[NT P U E = PUBLIC UTILITY CGMM ~MT · COMM~NICAT~ON WM * WATE~ METER TR : TELEPHONE RISER ER · ELeCTRiC RISER T~N~ = ELECTRIC TRANSFORMER =~ :POW[R POLE R 0 '~ = RIGHT O~ WAY ~ O B. = POINT CF BEGINNING P.O C. = POINT OF COMMENCING --CN~-- = OVE~-HE~O UTILITY --EATv-- · CABLE TV LiNE --[-- = ELECTriC LINE --~-- ~ PIPE & CABL~ FENCE --0-' ~ CHAiNLINK ~ ] ~ PL~T O~ O[ED CALL CM = CONTROLLING MONUM[NT LOCKHEED 24' Aspholt Road 03/25/03 #4M AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 25, 2003 Engineering Dave Hill, 349-8314 .~::..'~Y~ ...... SUBJECT Consider adoption of an Ordinance of the City of DeNon, Texas approving a Real Estate Exchange Agreemem between the City of DeNon, Texas and Craig irwin and Dale irwin for two parcels of land each being 0.294 acres situated in the Moreau Forrest Survey, Abstract Number 417, Denton County, Texas, for the purposes of a property line adjustmem for fencing activities by the Wastewater Department; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND Craig Irwin and Dale Irwin have agreed to an even exchange of the subject parcels. This exchange will provide a property line adjustmem that will save the City of DeNon considerably in fencing materials and labor due to site topographic issues on the City of Demon property. The fence is being constructed to keep trespassers off of City property. There have been ongoing issues of trespassing consisting of four-wheel activity, loitering, and other unsuitable behaviors causing public safety concerns and liability issues. OPTIONS 1. Approve the Real Estate Exchange Agreemem, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the Real Estate Exchange Agreement. ESTIMATED PROJECT SCHEDULE Closing Date: On or before May 31, 2003 PRIOR ACTION/REVIEW None FISCAL INFORMATION The properties were appraised within a nominal range of each other. There will be no exchange of funds. The City will be responsible for the closing costs, which are estimated at $500.00. ATTACHMENTS Location Map Draft Ordinance Real Estate Exchange Agreement Prepared by: Pamela England Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON APPROVING A REAL ESTATE EXCHANGE AGREEMENT BETWEEN TIlE CITY OF DENTON, TEXAS AND CRAIG IRWIN AND DALE IRWIN FOR TWO PARCELS OF LAND EACH BEING 0.294 ACRE OF LAND SITUATED IN THE MOREAU FORREST SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS, FOR THE PURPOSES OF A PROPERTY LINE ADJUSTMENT FOR FENCING ACTIVITIES BY THE WASTEWATER DEPARTMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton and Craig Irwin and Dale Irwin desire to enter into a Real Estate Exchange Agreement in substantially the form of the agreement attached hereto and made a part hereof by reference (the "Agreement") for the purpose of making property line adjustments for fencing activities by the City's Wastewater; and WHEREAS, in compliance with Chapter 272 of the Texas Local Government Code, based on an appraisal obtained by the City, the City is receiving fair market value for the property being exchanged pursuant to the Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated, herein by reference. SECTION 2. The City Council of the City of Denton hereby approves the Agreement and authorizes the City Manager, or his designee to execute it on behalf of the City of Denton and to carry out the City's rights and duties under the Agreement including the expenditure of funds provided for in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL ,~JRM: EULINE BROCK, MAYOR REAL ESTATE EXCHANGE AGREEMENT THIS AGREEMENT is made by and between Dale Irwin and Craig Irwin (hereinafter referred to as "Irwins") and the City of Denton, a home rule municipality located in Denton County, Texas, (hereinafter referred to as "City"), upon the terms and conditions set forth herein. .Whereas, the Irwins are the owners of that.certain tract or parcel of land in the City of Denton, Texas which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Irwin Tract") which is needed for public purposes; and Whereas, the City is the oWner of that certain tract or parcel of land in the City of Denton, Texas which is more particularly described in Exhibit "B" attached hereto and made a part hereof by reference (the "City Tract"); and Whereas, the City desires to exchange the City Tract for the Irwin Tract upon the terms and conditions contained in this agreement; and Whereas, the City Tract because of its shape and size cannot be used indePendently; and Whereas, in compliance with Chapter 272 of the Texas Local Government Code, based on an appraisal obtained bY the City the fair market value of the Irwin Tract is equal to or greater than the fair market value of the City Tract; Now, Therefore, for good and valuable consideration, including the covenants contained herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1) EXCHANGE OF TRACTS. a) At Closing, and subject to the terms .and conditions contained herein, the Irwins shall convey to the City the Irwin Tract with ail rights and appurtenances pertaining to the Irwin Tract, including any right, title, and interest of the Irwins in and to adjacent streets, alleys, or rights-of-way, and together with any improvements fixtures, and personal property situated on and attached to the Irwin Tract (hereinafter called the "IrWin Property"). The Irwin Property shaI1 be cOnveyed by a deed without warranty in substantially the same form as the deed attached hereto and made a part hereof as Exhibit "C" (the "Irwin Deed"). The Irwins' sole consideration for the conveyance of the Irwin Pi-operty to the City is the City's conveyance of the City Property to the Irwins. b) At Closing, and subject to the terms and conditions contained herein, the City shall convey to the Irwins the City Tract with all fights and appurtenances pertaining to the City Tract, together w/th any improvements fixtures, and personal property situated on and attached to the City Tract (hereinafter called the" ' ,, C~ty Property ). The City Property shall be conveyed by a deed without warranty in substantially the same form as the deed attached hereto and made a part hereof as Exhibit "D" (the "City Deed"). The City's sole consideration for the conveyance of the City Property to the Irwins is the conveyance of the Irwin Property to the City. 2) CONDITIONS PRECEDENT TO CLOSING a) On or before fifteen days after the Effective Date of this agreement, the City at its expense s. hall obtain a current commitment hereinafter called the ("City Title Commitment") for the Irwin Property for the issuance of an Owner's Policy of Title Insurance from the Title Company, together with legible copies of all documents constituting exceptions to title as reflected in the City Title COmmitment. c) d) b) City shall have a period of ten days following the receipt of the City Title Commitment, and legible copies of title exception documents to review such items and to deliver to the Irwins in writing such objections as the City may have to anything set forth in the City Title Commitment. Any items to which the City does not object within the ten-day period shali be deemed to be erm~ttea Exceptions". In the event the City timely objects to any matter in the City Title Commitment, the Irwins shalI have the right, but not the obligation, for a period of thirty days to cure any such matters objected to by the City, to the City's satisfaction. Should the Irwins fail to cure such matters to the satisfaction of the City, the City in its sole discretion, by a written notice'to Irwins within fifteen days following the expiration of the thirty day period either (a) terminate this agreement and the parties hereto shall have no further obligation one to the other, or Co) City may waive any such defects and consummate this agreement with such uncured objections being deemed additional Permitted Exceptions. On or before fifteen days after the Effective Date of this agreement, the Irwins at their expense shall obtain a current commitment hereinafter called the ("Irwin Title Commitment") for the City Property for the issuance of an Owner's Policy of Title Insurance from the Title Company, together with Iegibte copies of all documents constituting exceptions to title as reflected in the Irwin Title Commitment. The Irwins shall have a period of ten days following the receipt of the Irwin Title Commitment, and legible copies of title exception documents t° review such items and to deliver to the City in writing such objections as the Irwins may have to anything set forth m the Ir~vm T~tle Commitment. Any items to which the Irwins do not object within the ten-day period shalt be deemed to be erm~rtea Exceptions". In the event the Irwins timely object to any matter in the Irwin Title Commitment, the City shall have the right, but not the obligation, for a period of thirty days to cure any such matters objected to by the Irwins, to the Irwins' satisfaction. Should the City fail to cure such matters to the satisfaction of the Irwins, the Irwins in their.sole discretion, by a written notice to City within fifteen days following the expiration of the thirty day period either (a) terminate this agreement and the parties hereto shaI1 have no further obligation one to the other, or (b) the Irwins may waive any such defects and consummate this agreement with such uncured objections being deemed additional Permitted Exceptions. 3) CLOSING a) The closing shall be held at the office of Reunion Title Company, 2925 Country Club Road, Suit 104, Denton, Texas 76210 on or before May 31, 2003, or at such time, date, and place as the Irwins and City may mutually agree upon (which is herein referred to as the "Closing"). b) At Closing the Irwins shall deliver the Irwin Deed to .the City and the City shall deliver the City Deed to the Irwins. c) The Irwins and the City agree to pay closing costs as outlined below: i) The Irwins and the City will bear the cost of any expenses, other than those outtined herein, directly incurred by each, including their own attorney's fees, if any. ii) The Escrow Fees, Document Preparation Fees, and other, related fees charged by the Title Company to complete this transaction will be paid .for equally by the parties. iii) Ali Costs to obtain, deliver, and record releases of ali liens to be released at closing, if any, will be paid by each party for the property it is conveying. iv) All costs to obtain, deliver, and record ail documents to cure title objections, as set forth above will be paid by each party for the property it is conveying. v) All costs to obtain and deliver reports or certificates of ad valorem taxes will be paid. by each party for the property it is conveying. vi) Ad valorem taxes for the Irwin Property shall be prorated as of the date of closing.. The tax rates and values shall be based upon the most current tax appraisal and rates available. In the event that additional taxes are due and owning as a result of a new tax appraisal or rates, the Irwins agree to pay the City additional sums due within Thirty (30) days of being billed for same. The Irwins shall provide and Pay for current tax certificates upon which the adjustments for taxes shall be based. This section shall survive the closing of this agreement. 4) REAL ESTATE COMMISSION The Irwins and the City represent and warrant to each other that neither has retained a broker for this transaction and that there are no broker or real estate fees due as a result of the consummation of this agreement. 5) BREACH If the Irwins fail to fully and timely perform any of their obligations under this agreement or fait to consummate the exchange of the properties for.any reason, except the City's default, City may enforce specific performance of this agreement, as its sole and exclusive remedy under this agreement. If the City fails to fully and timely perform any of its obligations under this agreement or fails to consummate the exchange of the properties for any reason, except the Irwins' .default, the Irwins may enforce specific performance of this agreement, as their sole and exclusive remedy under this agreement. 6) MISCELLANEOUS i) Assignment of Agreement. This agreement may not.be assigned without the written consent of the other party. ii) Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time follov~ing the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. iii) Sole Agreement. This agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. iv) Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to the Irwins or City, as the case may be, at the address set forth below or when sent via fax to the fax number set forth below. To Irwins: Dale Irwin 525 South Carroll Suite 100 Denton, Texas 76201 To City: City Attorney City Hall 215 E. McKinney Denton, Texas 76201 Fax No. 940.382.7923 4 v) Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. All obligations of the parties created hereunder are fully performable in Denton County, Texas. vi) Parties Bound. This agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this agreement. ¢ii)Legal Construction. In case any one or more of the. provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect, any other provision hereof, and this agreement shall be construed as if the invalid, illegal, o'i- unenforceable provision had never been contained herein. viii).Time of Essence. Time is of the essence in this agreement. ix) Gender. Words of any gender used in this agreement shall be held and construed to include any other gender, .and words in the singular number Shall be held to include the plural, and .vice versa, unless the context requires otherwise. x) Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. xi) Compliance. In accordance with the requirements of the Texas Real Estate License Act, each party advises the other that it should obtain a policy of title insurance or have the abstract covering the property examined by an attorney of its own selection. xii) Effective Date. The term "Effective Date" means the latter of the dates on which this agreement is signed by the Irwins or the City, as indicated by their signature below. If the last party to execute this agreement fails to complete the date of execution below that party's signature, the date the Title Company acknowledges receipt of a copy of this fully executed contract is the Effective Date. IN WITNE.~ WHEREOF, the parties have executed this agreement as follows: Craig Ir~n - ' Date: ~///~//t~ 3 CITY OF DENTON, TEXAS BY: Michael A. Conduff, City Manager Date: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~~ ' TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The Title Company acknowledges receipt of the fully execUted Agreement on ,2002. TITLE COMPANY: Name: Texas Title Company Address: 2215 South Loop 288 Denton, Texas 76205 Telephone: 940-382-8251 By: Printed Name: Title: day of M.E,P. & P,R,R, C0, ABSTRACT NO, 92} SURVey EXHIBIT "A" PAGE 1 of 2' 'MAYH: N.02'53 I0'E 1550,90' )~* MR j~,~ tr.op ex Survey, ng, inc. 940-387-0506 223 W, HICKORY, DENTON, TEXAS 76201 c~. BG'S 1"'=150' .corn 'i0/22/02 ,~o~ ~o.32812 32812 10/22/02 EXHIBIT "A" PAGE 2 of 2 TRACT 1 ALL THAT CERTAIN TRACT OR PARCEl: OF LAND LYING AND BEING SITUATED IN THE MOREAU FORREST SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 245.00 ACRE TRACT DESCIBED IN A DEED TO THE CITY OF ' DENTON, RECORDED IN COUNTY CLERK'S FILE NUMBER 97-R0019639 REAL PROPERTY RECORDS, DENTON COUNTy, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON DENTON .TRACT; PIN AT 'THE NORTHWEST CORNER OF SAID CITY OF THENCE SOUTH 87 DEGREES 25 MINUTES 07 SECONDS EAST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 212.84 FEET TO A FOUND IRON PIN; THENCE SOUTH 59 DEGREES 24 MINUTES 33 SECONDS EAST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 102.67 FEET TO A FOUND IRON PIN; THENCE SOUTH 34 DEGREES 56 MINUTES 12 SECONDS EAST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 149.73 FEET TO A FOUND IRON PIN; THENCE SOUTH 49 DEGREES t9 MINUTES 26 SECONDS EAST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 86.24 FEET TO A FOUND IRON PIN AT THE POINT-OF-BEGINNINGOF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 73 DEGREES 54 MINUTES 29 SECONDS EAST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 97.96 FEET TO A FOUND IRON PIN; THENCE SOUTH 33 DEGREES 39 MINUTES 13 SECONDS EAST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 228.9i FEET TO A FOUND IRON PIN; THENCE SOUTH 08 DEGREES 45 MINUTES 41 SECONDS EAST WITH A NORTHEAST LINE OF SAiD CITY OF DENTON TRACT, A DISTANCE OF 59.94 FEET TO A 1/2 INCH IRON PiN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE NORTH 39 DEGREES 43 MINUTES 23 SECONDS WEST, A DISTANCE OF 360.06 FEET TO THE POINT-OF-BEGINNING AND CONTAINING IN ALL 0.294 ACRES OF LAND; M,£.p. & P,R.R. CO, ABSTRACT NO. 927 MAYH RD EXHIBIT, "B,, ~,~ PAGE 1 of 2 8~ ~ENTON, TEXAS 76201 info. metro lexs y' g. EXHIBIT "[5" PAGE 2 of 2 TRACT 2 328 ~.2 10/22/02 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE MOREAU FORREST SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 430.14 ACRE TRACT DESCRIBED IN A DEED TOANN C. STARK, ROBERT W. CALLAHAN, AND JAMES E. CALLAHAN, RECORDED IN VOLUME 979, PAGE 103, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF A CALLED 245.00 ACRE TRACT DESC[BED IN A'DEED TO THE CITY OF DENTON, RECORDED IN COUNTY CLERK'S FILE NUMBER 97-R0019639 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 87 DEGREES 25 MINUTES 07 SECONDS EAST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 212.84 FEET TO A FOUND IRON PIN; THENCE SOUTH 59 DEGREES 24 MINUTES 33 SECONDS EAST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 102.67 FEET TO A FOUND IRON PIN; THENCE SOUTH 34 DEGREES 56 MINUTES 12 SECONDS EAST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF I49.73 FEET TO A FOUND IRON PIN; THENCE SOUTH 49 DEGREES 19 MINUTES 26 SECONDS EAST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A 'DISTANCE OF 86.24 FEET TO A FOUND IRON PIN; THENCE SOUTH 39 DEGREES 43 MINUTES 23 SECONDS EAST, A DISTANCE OF 3.60.06 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METRO?LEX 1849 AT THE POINT-OF-BEGINNING OF THE HEREIN DESCRIBED TKACT; THENCE SOUTH 24 DEGREES 42 MINUTES 41 SECONDS EAST, A DISTANCE OF 428.75 FEET TO A FOUND IRON P/N; THENCE NORTH 39 DEGREES 54 MINUTES 01 SECONDS WEST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 227.84 FEET TO A FOUND IRON PIN; THENCE NORTH 08 DEGREES 45 MINUTES 41 SECONDS WEST WITH A NORTHEAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 217.23 FEET TO THE POINT-OF-BEGINNING AND CONTAINING IN ALL 0.294 ACRES OF LAND; EXHIBIT "C" THE IRWIN DEED DEED WITHOUT WARRANTY STATE OF TEXAS § § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THAT Dale Irwin and Craig Irwin, hereinafter called" ,, Grantors, for and in consideration of the sum of TEN DOLLARS ($I0.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a home rule municipal corporation' hereinafter called "Grantee,'" the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, express or implied, do hereby GRANT, BARGAIN, SELL and CONVEY unto the Grantee all of that certain tract or parcel of land situated in the City of Denton, Denton County, Texas, as more particularly described in Extfibit "A" and as illustrated in Exhibit "B", both of which are attached hereto and made a part hereof for ail purposes, together with all improvements situated thereon and all singularly the rights and appurtenances thereto and any and all right, title and 'interest of Grantors in and to any adjacent streets, alleys or fights-of-way, hereinafter collectively called the "Property." Notwithstanding the area and shape of the Property this Deed shall be construed as conveying all rights and appurtenances incident to any ordinary conveyance of land. TO HAVE AND TO. HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns, forever without warranties, either express or implied. SIGNED this ~ day of ,2003. Dale Irwin Craig Irwin STATE OF TEXAS § COUNTY OF DENTON § ACKNOWLEDGMENT This instrument was acknowledged before me this ,2003, by Dale Irwin. ~day of Notary Public, State of Tennessee Print Name: My commission expires STATE OF TEXAS § COUNTY OF DENTON § ACKNOWLEDGMENT This instrument was acknowledged before me this · day of ,2003, by Craig Irwin'. Notary Public, State of Tennessee Pr/nt Name: My commission expires 10 EXItIBIT "D" · THE CITY DEED DEED WITHOUT WARRANTY STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THAT the City of Denton, Texas, hereinafter called "Grantor," for and in consideration of the sum ofTEN DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by the Dale Irwin and Craig Irwin, hereinafter called "Grantees," the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, express or implied, do hereby GRANT, BARGAIN, SELL and CONVEY unto the Grantee ail of that certain tract or parcei of land situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" and as illustrated in Exhibit "B", both of which are attached hereto and made a part l~ereof for ail purposes, together with all improvements situated thereon and ail singularly the fights and appurtenances thereto, hereina~er collectively called the "Pro e " prty. Notwithstanding the area and shape of the PrOperty this Deed shall be construed as conveying all rights and appurtenances incident to any ordinary conveyance of land. TO HAVE AND TO HOLD the Property, together with all and. singular the rights and appurtenances thereto in any~vise belonging unto said Grantees, its successors and assigns, forever without warranties, either express Or implied. SIGNED this ~ day of ,2003. CITY.OF DENTON, TEXAS By: Michael A. Conduff City Manager 11 THE STATE OF TEXAS § COUNTY OF DENTON § ACKNOWLEDGMENT This instrument 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: 12 03/25/03 #4N AGENDA INFORMATION SHEET AGENDA DATE: March 25, 2003 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT: Consider the approval of an ordinance granting approval of a sub-surface use of North Lakes Park, Denia Park and Airport Open Space Park for the purpose of an oil and gas non-drilling/pooling agreements within the City of Denton, Texas; and providing an effective date. BACKGROUND: There are several legal issues that arise when leasing Oil and Gas mineral interests by a city. Chapter 71 of the Texas Natural Resources Code requires that notice be given and a public hearing held for consideration of bids. A city may award the lease to the highest and best bidder who submits a bid or reject all bids and re-advertise for additional bids. The bid documents will allow for alternative bids for a 40 acre spacing pooling unit. OPTIONS 1. The City Council may adopt the ordinance. e The City Council may decline to adopt an ordinance on this issue and direct the staff to amend the documentation as written. FISCAL IMPACT The City will receive a bonus and royalty payments. RECCOMENDATION Staff'recommends approval. Respectfully submitted: Herbert L. Prouty City Attorney S:\Our Documents\FORMSkAgenda Info Sheet Oil & Gas Bid-Paxks.doc S:\Our Documgnts\Ordinances\03~Bid Process-NorthLakes-D~nia-Airport. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE ADVERTISEMENT FOR A NON-DRILLING, PAID-UP POOLING AGREEMENT FOR OIL AND GAS LEASE AGREEMENTS FOR NORTH LAKES PARK, DENIA PARK AND THE AIRPORT OPEN SPACE PARK WITHIN THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 7, 2003 the City Council of The City of Denton held a public hearing pursuant to Chapter 26 of the Texas Parks and Wildlife Code and made the determination that the sub-surface use of North Lakes Park, Denia Park and the Airport Open Space Park for the purpose of an Oil and Gas Nondrilling/Pooling Agreement should be allowed and the surface of the parks may still be used by its patrons after completiOn of the sub-surface use of the park; and WHEREAS, pursuant to Section 71.005(a) of the Texas Natural Resources Code, the City Council of The City of Denton has determined that it is advisable to lease the sub-surfaces of North Lakes Park, Denia Park and the Airport Open Space Park for the purpose of an Oil and Gas Nondrilling/Pooling Agreements; and WHEREAS, the City Council desires to authorize the City Manager or his designee to bid the sub-surface mineral interests for a NondrillingtPooling Agreements at North Lakes Park, Denia Park and the Airport Open Space Park according to law. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. That pursuant to Chapter 71 of the Texas Natural Resources Code, the City Council hereby authorizes the advertisement for a Non-Drilling, Paid-Up Pooling Agreement for Oil and Gas Lease Agreements for North Lakes Park, Denia Park and the Airport Open Space Park within the City of Denton, Texas. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ~ 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CiTY ATTORNEY 03/25/03 #40 AGENDA INFORMATION SHEET AGENDA DATE: March 25, 2003 DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT: Consider the approval of an ordinance authorizing the re-advertisemem for a non- drilling, paid-up pooling agreemem for an oil and gas lease agreemem for South Lake Park within the City of DeNon, Texas and providing an effective date. BACKGROUND: We advertised for bids pursuant to Chapter 71 of the Texas Natural Resource Code for South Lake Park in January. We held the bidders conference in February and no one attended. Recently, we have been asked to re-bid the lease for South Lake Park to allow a bidder to return a bid for a 40 acre spacing pooling unit. We have amended our bid documems for this alternative bid. OPTIONS 1. The City Council may adopt the ordinance. e The City Council may decline to adopt an ordinance on this issue and direct the staff to amend the documentation as written. FISCAL IMPACT The City would receive a bonus and royalty paymems. RECCOMENDATION Staff recommends approval. Respectfully submitted: Herbert L. Prouty City Attorney S:\Our Documents\FORMSkAgenda Info Sheet-SouthLake Oil-Gas Lease.doc S:\Our D°cuments\Ordinances\03LRe~Advert/sement for Southlakes Oil & Oas Lease Or&doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE RE- ADVERTISEMENT FOR A NON-DRILLING, PAID-UP POOLING AGREEMENT FOR AN OIL AND GAS LEASE AGREEMENT FOR SOUTH LAKE PARK WITHIN THE CITY OF DENTON, TEXAS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 16, 2002 the City Council of The City of Denton held a public heating pursuant to Chapter 26 of the Texas Parks and Wildlife Code and made the determ/nation that the sub-surface use of South Lake Park for the purpose of an Oil and Gas Nondrilling/Pooling Agreement should be allowed and the surface of the park may still be used by its patrons after completion of the sub-surface use of the park; and WHEREAS, pursuant to Section 71.005(a) of the Texas Natural Resources Code, the City Council of The City of Denton has determined that it is advisable to lease the sub-surface of South Lake Park for the purpose of an Oil and Gas Nondrilling/Pooling Agreement; and WHEREAS, the City Council authorized the City Manager or lis designee to bid the sub- surface mineral interests for a Nondrilling/Pooling Agreement at South Lake Park according to law; and WHEREAS, no bids were submitted during the initial bid for a Non-Drilling/Pooling Agreement at South Lake Park and since that time, several oil and gas developers have requested that the City re-bid the sub-surface mineral interests. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBy ORDA/NS: _SECTION 1. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. That pursuant to Chapter 71 of the Texas Natural Resources Code, the City Council hereby authorizes the advertisement for a Non-Drilling, Paid-Up Pooling Agreement for an Oil and Gas Lease Agreement for South Lake Park within the City of Denton, Texas. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2OO3. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 03/25/03 #5A AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 25, 2003 Planning and Development Department Dave Hill, 349-8314 ~.~,"¢¢' SUBJECT - Z02-0063:(320 Mill StreeO Hold a public hearing and consider adoption of an ordinance approving a Specific Use Permit (SUP) for a childcare facility on approximately 0.7 acres. The site, commonly known as 320 Mill Street, is generally located on the south side of Mill Street opposite Cook Street. The property is in a Neighborhood Residemial 3 (NR-3) zoning district. A childcare facility is proposed. The Planning and Zoning Commission recommends approval with conditions (4-3). BACKGROUND Applicam: DeNon Affordable Housing Corporation DeNon, Texas A childcare cemer for children participating in the DeNon Affordable Housing Corporation (DAHC) Transitional Housing program is being proposed at 320 Mill Street. An existing wood- frame structure of approximately 2,000 square feet, located toward the rear of the lot, would be milized for this purpose. Currently, a fourplex located toward the front of the site provides transitional housing for homeless families. These residemial units were built under the 1969 Zoning Code regulations and are not included in this Specific Use Permit (SUP) request. DAHC will own the building and serve only as a landlord. However, a licensed childcare provider will operate the childcare facility. Public notification and property owner responses are provided in Attachmem 3. As of this writing, staff has received two (2) responses in favor and nine (9) responses opposed from property owners within 200 feet of the subject site. Curremly, 25% of the land within 200 feet of the subject property is in opposition to the request. As opposition is more than 20%, a super majority vote (6-1) by City Council is required to approve this application. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. RECOMMENDATION The Planning and Zoning Commission recommends approval (4-3, Vicki Holt, Bob Powell, and George Watkins opposed) with the following conditions: 1. All lighting within the proposed developmem must be in compliance with the Light and Performance requiremems established by the Developmem Code. 1 2. A licensed childcare provider must operate the facility. ESTIMATED PROJECT SCHEDULE A certificate of occupancy will be required prior to starting operations. PRIOR ACTION/REVIEW The following is a chronology ofZ02-0063 commonly known as 320 Mill Street: Building permit (fourplex) November 11, 2002 FISCAL INFORNIATION Development of this property will increase the assessed value of the city. short-term public improvements that are the responsibility of the city. It will require no ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification Map 4. Photos 5. Site Plan 6. Letters in Support of the Request 7. February 12, 2003 Planning and Zoning Commission Minutes 8. Draft Ordinance Prepared by: Deborah Viera, AICP Planner II Respectfully submitted: Larry Reichhart, RLA, AICP Assistant Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Zoning Request A childcare center for children participating in the Denton Affordable Housing Corporation (DAHC) Transitional Housing program is being proposed at 320 Mill Street. An existing wood- frame structure of approximately 2,000 square feet, located toward the rear of the lot, would be milized for this purpose. Six existing parking spaces are available for the childcare facility. The existing chain link fence along the east property line will be replaced with a 6-foot wood fence constructed with steel posts and a decorative cap with the good side of the fence facing the adjacent residential units to the east. A privacy fence is currently located along the south and west property lines (see Attachmem 5 for site plan). The existing 2,000 square feet structure would accommodate approximately 25 children based on state standards for childcare facilities. This would necessitate staffing levels of 4 to 6 caregivers, depending upon the age of the children. Nine transitional housing units are located within walking distance of the subject site. Existing Condition of Property Property History. February 20, 2002 - The subject property was placed in the Neighborhood Residemial 3 (NR-3) zoning district and land use classification by Ordinance 2002-040. Prior to the adoption of the Developmem Code, this property was zoned Multi-family 1 (MF-1). Adjacem zoning. North: South: East: West: Neighborhood Residemial 3 (NR-3) Neighborhood Residemial 3 (NR-3) (Single-family unit) Neighborhood Residemial 3 (NR-3) (Millwood Apartmems) Neighborhood Residemial 3 (NR-3) (Single-family unit) A DAHC fourplex located toward the from of the site provides transitional housing for homeless families. Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use area. New developmem in this district should respond to existing developmem with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. The Denton Plan calls for the protection of existing neighborhoods but does not eliminate the possibility that some non-residemial uses, which are scaled to service the surrounding neighborhood and provide for needed services, could be compatible with existing residential uses. Staff finds the proposed specific use permit to be consistent with The Denton Plan. Development Review Analysis Transportation Increased traffic is expected to be negligible because enrollment in the center would be limited to homeless families residing in DAHC Transitional Housing units. Mill Street is identified as a local street by the Denton Mobility Plan. The development will have access from Mill Street. Mill Street is currently constructed with two (2) lanes with parking. The most recem traffic coum for Mill Street, east of Lakey Street, indicates that there is adequate capacity to handle the trips that could be generated by the proposed development. Environmental Quality Impacts No environmemal impacts from the proposed developmem have been idemified. Development Code/Zoning Analysis Section 35.6.5 of the Developmem Code states that a Specific Use Permit shall be issued only if all of the following conditions have been found: e e e That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The development of the proposed DAHC childcare center should not diminish or impair property values in the immediate vicinity. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; It is unlikely that establishment of this specific use will impede the normal and orderly development of surrounding property. That adequate utilities, access roads, drainage facilities have been or will be provided; All necessary supporting facilities are in place. and other necessary supporting The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The existing parking lot and driveway meet the requiremems of the City of DeNon. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; No offensive odor, fumes, dust, or vibration are anticipated. Some noise is expected when children are playing outside, however, staffing of the cemer will allow for supervised activity only. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Childcare services will be available from 7:30 am to 6:00 pm weekdays. Occasional counseling sessions during evening hours are possible to occur. Security lighting will be installed on the area associated with the childcare facility. However, no information addressing the Developmem Code lighting requiremems has been provided. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. A 10-foot landscape area with one tree for every 30 linear feet along the south and east property lines and shrubs around the perimeter of the childcare cemer are proposed. Existing mature trees on site will be preserved. However, Section 35.6.6 allows the Commission to recommend additional conditions on the proposal to protect the public imerest and the welfare of the community and ensure compatibility with surrounding land uses. STAFF RECOMMENDATION The use of the proposed DAHC childcare facility will be limited to a reduced section of the City of DeNon population (participams of the DAHC Transitional Housing program) limiting the imensity of the proposed use and minimizing the impact on the neighborhood. Another factor that would limit the imensity of the use are the State requiremems for minimum building area per child. The location of the existing building imended for the childcare facility is not accessible from the street and no signage on site will be provided. Under these circumstances, the proposed non-residemial activity will not change the residemial appearance of the adjacem area. The request for a specific use permit for a childcare center meets the requirement established on Section 35.6.5 of the Developmem Code and is compatible with The DeNon Plan. Therefore, staff recommends approval of Z02-0063 with the following condition: All lighting within the proposed developmem must be in compliance with the Light and Performance requiremems established by the Developmem Code (Subchapter 35.13.12). ATTACHMENT 2 NORTH Location/Zoning Map Scale: None NORTH Land Use Map Scale: None ATTACHMENT 3 PUBLIC NOTIFICATION MAP NORTH Scale: None Newspaper Notification Date: 200' Legal Notices* sent via Certified Mail: 25 500' Courtesy Notices* sent via 1st Class Mail: Number of Responses to 200' Legal Notice: · In Opposition: 9 · In Favor: 3 · Neutral: 0 Percentage of land within 200' in opposition: 25% February 1, 2003 76 3 Property Owner Responses Table Property Owner Name and Address In favor/neutral/ Comments /opposed* Denton Affordable Housing Favor No comments Corporation (the applicant), 320 Mill St. Barbara Russell Favor No comments 820 Allen St. Willie Rainwater Favor No comments 329 Ruth St. Carl G. Young Opposed No comments 319 & 321 Mill St. Opal Logan, Opposed No comments. 328 Mill St. Marcella Franklin, Opposed No comments 317 Mill St. Adolphus Henry, Opposed No comments 400 Mill St. John Lee Woods, Opposed Will create more traffic and congestion. There is also 327 Mill St. one daycare located at the corner of Cross Timber and Mill. Vicky J. Brown, Opposed No comments 312 Mill St. Janie Demeyer, Opposed I vote NO for the daycare on 320 Mill St. because we 308 Mill St. already have a daycare a block further down the road also on Mill St. Sean Jones, Opposed I vote NO for daycare at 320 Mill St. We have one on 308 Mill St. our street already. Raymond Redmon, Opposed Daycare for children should be more in a commercial 326 Mill St. setting. Also, a low-income daycare, the Fred Moore Nursery, is just 2 blocks from the proposed site. If tenants want or need a childcare then they can go to Fred Moore. *A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 10 Owner/Developer: Existing Zonlngt Site si~¢. P~oposed Use: $1gnage: Utitltles: t,an(Iscaping: Denton Affordable Housing Corporation NR 3 (Adjacent properties consist ora mlx of single and multi-family residential) 0,72 acres total ExJstin$1,986 sq. ft. ont-stor~, single .family restdentLd dwdling located toward rear of site to be converted to a child-care center for an estimated 25 pre-school aged homeless children from families parfl¢ipatina in the ~ig~nrd Housin~ Pro~am~ No signs will be installed Undel~ronnd utilities Installed Sptinlder system installed Vicinity Map Playground Area .~o 316 Mill and 320 East Mill Street Scale 1' = 20' North 320 Mill One*story frame ezlsttng re~i~ence Future chitdcare cen~er r 316 Mill and 320 East Mill Street Attachment 6 02-12-03P05:01 RCVI) comments regarding case number Z02-0063 To the members of the Planning and Zoning Commission Denton Christian Preschool requests that you approve the specific USe permit for case number Z02-0063. Denton Christian Preschool is a United Way Agency serving preschooi children at risk of not succeeding in.public schools without intervention during their early years. We serve 62 children, all from low-income families, with a long waiting list of those waiting for an enrollment opening. The proDosed childcare center at 320 Mill St. will meet a critical need in our community. The children served at that location would probably not have access to any of the existing child care facilities due to cost, location, and sDace availability. The targeted children are those who need service more than any others in our community. Denton Christian Preschool supports the proposed childcare facility at 320 Mill St. Sincerely, Judith Royal, Director Denton Christian Preschool FEB 1 2 2003 PLANNING & DEVELOPMENT DENTON CHRISTIAN PRESCHOOL ' - A Un~ Way A~ncy - I 114West UnlYer~k'y Dr~ · ~ton, T~ 76201 ~one (9~) 3~3-3332 · ~ (9~) 3B3~3 · den~ncp~h~.¢om From: To: Date: Subject: Kae Fisher <kafisher@coserv. net> "Denton P&Z ...Deborah Viera" <deborah.viera@cityofdenton.com> 2/11/03 11:51PM 320 Mill St Future Day Care I and an amazing collection of Denton's finest persons have been honored to visualize a day care center for infants and toddlers yet unserved. Denton Affordable Housing Corporation purchased 320 Mill St and built on the front half of approximately one acre. The existing building on the back of the lot has grounds such that it is ideal for a smatl child care center for children coming out of the shelter. Friends of the Family, HOPE, both local universities, several day care centers in this area, and the city recognize the dire need of infant and toddler care for these special citizens. Many hours have been used in building a coalition enabt[ng this facility. It is my hope that you see this property as an inviting place for many children already living in this neighborhood to play securely while their Mom's are productive citizens of Denton. Kae Fisher Board member Denton Affordable Housing Corporation (940)365-0300 Condens¢ItTM 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 61 COMMISSIONER APPLE: Moving on to Item No. 7 which is a public hear/rig and Deborah Viera with the City planning staff will present. I'll open the public hearing. MS. VIE~.~: oood evening, Commission. The Denton -- I'm sorry. The Denton Affordable Housing Corporation is requesting a Specific Use Permit to allow a child care facility within a Neighborhood Residential 3 zoning alisa'icl and commonly known as 320 Mill Street. An existing 2,000 square foot structure located toward the rear of the lot would be used for this purpose. There's an existing four-pbx located toward the front of the lot that is used for transitional housing participants. And staff would like to clarify that this four-plex is not part of the specific use permit. This site is mainly surrounded by single-family residential lots except to the east side where another four-plex is located and commonly known as the Millwood Apartments. The Millwood Apartments are located right in here. The Fred Moore Day Care is located at the corner of Cross Timber and Mill. And as you can see, basically, the site is surrounded by single-family lots. The subject site is located within an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 63 transitional housing and, second, because the proposed use is 2,000 square feet and only allows up to 25 children to be serviced in that facility. Therefore, staff recommends approval of Z02-0063 with the condition that all lighting within the proposed development must be in compliance with the light and performance requirements established by the Development Code. This concludes staff presentation. COMMISSIONER APPLE: commission~' Pxoy. COMMISSIONER ROY: YeS. Could you describe' the most likely path of traffic coming into the site? MS. VIERA: I'm not a traffic engineer. However, I would say it probably would come from Mill intersecting Morris. But, again, ali depends where the participant of the transitional housing leaves and that will establish the route that they will use. COMMISSIONER ROY: Maybe I misunderstood you. I thought the participants in this program would come from a particular housing area. MS. VlEP~: ~rhis child care facility will serve any participants of the transitional housing. On that same side, we have a four-plex that provides services. But it's my understanding that Denton Affordable Housing Corporation has additional buildings for participants. Page 62 existing neighborhood infill compatibility land use area. The Denton Plan stresses the need for protecting existing neighborhood. However, it also allows to consider uses that are compatible with neighborhood uses, but with the caveat that those uses must be closely reviewed and assess all the impacts, all the possible or potential impacts and the details of the development, Staff believes that this Specific Use Permit provides the media to go through the details and the impacts of this development. Therefore~ staff believe that the proposed child care facility, it is compatible with the Denton Plan. The Development Code establishes criteria for which shaft needs to analyze the Specific Use Permit. That analysis has been provided in your backup. I believe on page 4. A total of six letters in opposition have been provided and an ,updated map with a new submittal were submitted to you during the work session meeting. Up to now, we have 22 percent of land within 200 feet in opposition of the site. Staff finds that the proposed child care facility will have a minimal impact in that community because, one, it will serve only a limited population of the City of Denton citizen that is only participant of the Page 64 1 COMMISSIONER ROY: And these additional 2 buildings are scattered around? 3 MS. VIEP, X: uh-huh. 4 COMMISSIONER ROY: Okay. Thank you. 5 COMMISSIONER APPLE: Deborah, I just have 6 one quick question just for clarification because I 7 noticed that the State has requirements for building area. 8 And is 25 the maximum number for 2,000 square feetS. 9 MS. VIER.A: According to the applicant. 10 That information was established by the applicant. I believe the applicant is here to provide more detail about 11 12 that. 13 COMMISSIONER APPLE: Thank you very much. 14 If the applicant would like to come before us. Good 15 evening. 16 MS. MCADAMS: Good evening. I'm Linnie I7 McAdmns at 1120 Kendolph Drive here in the City, 18 76205-5742. Actually, I'm a substitute here for Jane 19 Provo, our Executive Director, who was called away on an 20 emergency to Minnesota and so I'm filling in. But as 21 Chair of the board, I'rn very familiar with the project. 22 We are asking for this Specific Use Permit 23 in order to enable the operation of a child care facility 24 at this particular site. And in line with the question 25 that was just asked about it, there are, we do have PLANNING AND ZONING COMMISSION FEBRUARY 12, 2003 Page 61 - Page 64 Cond~nscltTM 1 2 3 5 6 7 8 9 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 65 four-plexes right there that we have an agreement with Friends of the Family and Hope, Incorporated. And I'tI just quickly say Hope, Incorporated, if you're not familiar with them, is an organization here in town. They counsel with people who are either already homeless or are about to be homeless. They can put them into temporary housing and they work with them to teach them how to manage their finances so that they -- these are people who are working, not the street homeless. These are working people. But they teach them how to manage their money. Work with them over a one to two-year period of time to actually get them on their feet and hack into the main stream of being in debt like the rest of us, but managing it better than they have been managing before they were evicted. Friends of the Family is the shelter for abused women. When those people come out of the shelter after a fairly short period of time there, they often are not in a position to just go out on the street and rent an apartment or a house. So, again, they go into transitional housing. There arc funds made available to these organizations to help people on this temporary basis so that they can then get on their feet and move along. And by its very nature, transitional housing suggested Page 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 Page 67 care center there. We called together, because we didn't know what was really necessary, but we called together a number of people. Eleanor Hughes, as I mentioned, one of those people on the Human Resources Committee, representatives from Hope, representatives from Friends of the Family. We also had a representative from Texas Work Force Commission because they have a child care component there. We also spoke with Ms. Kathy Davis who is the administrator and Debbic Wcbb who is the director of New Generation Child Care, which is the child care that recently opened up on Lakey Street in the Saint Andrew Church there. We also contacted the director of the Denton City County Day Nursery, the director of Denton Christian Preschool. We called in all the people who had something to do with child care to try to get their input to make sure, first of all, that this was something that was needed and, secondly, that it was a viable project. Kay Fisher from First United Methodist Church agreed to kind of pull -- to Chair and pull this group together to find the organization and/or person who would actually operate the center itself as a licensed facility. One of the people that we had a lot of conversation with was a Ms. Williams who is the director Page 68 1 that you might be there for a year or two years, and then 2 by that time, you will have gotten on your feet and you 3 can move along and someone else can take that over. 4 We have another house across file street, 5 just at an angle from this, that is also in the program, a 6 home that's leased. When we had this site -- as you well 7 know, when you talk about Denton Affordable Housing 8 Corporation, you're usually talking about housing because 9 that's what we know about and that's what we do best. And 10 that's really where we intend to stay primarily. 11 But we did have this particular facility, 12 this building on this propcn'~y. And from everything that 13 we hear, whenever there's a survey of what do we need, 14 what do we need to make our City better, the thing that 15 kept bobbing to the top was affordable child care. As a 16 matter of fact, one of the people working with us on this 17 particular project is Eleanor Hughes who serves on the 18 City's Human Resources Conm~ittec who says, yes, 19 absolutely, affordable child care is the gt~eatest need we 20 have. It is the greatest deterrent to -- particularly to 21 single mothers getting on their feet, that lack of child 22 care. 23 But we, as I said, we know lit'tie about 24 child care bat we did have the building and we were happy 25 to make that available if it was feasible to have a child 1 of the Fred Moore Day Care. And you saw its proximity 2 here. She explained to us, and all of these people are 3 saying, absolutely, it is the number one need. It is what 4 we run into so often. 5 Ms. Williams explained to me that normally 6 she always has a waiting -- we'll, she always has a 7 waiting Iist for infants. Hers is the only center in town 8 that will take infants at a reduced rate. And the regular' 9 rates are simply more than most of these woman can afford 10 to pay. And she has, at this point, a waiting list. 11 She has promised her next eight slots to 12 particular people. So, as a matter of fact, some people 13 who inquire about infant care, their children reach an age 14 where they can go into the toddler before they're ever 15 able to move into infant care because it's simply not 16 available. 17 She says she has a multitude of sad stories 18 of people who have come to her. They desperately needed 19 child care. Maybe their husband left. Maybe they are 20 just out of a shelter. Whatever, but they have all these 2i problems and they're crying. And she says occasionally 22 I've been able to do something to help them, but many 23 times I simply have to say, no, we don't have the space. 24 As your staff mentioned, we're governed by 25 the State on how many children you can have based on the PLANNING AND ZONING COMMISSION FEBRUARY 12, 2003 Page 65 - Page 68 CondenseltTM 1 2 3 4 5 6 7 8 9 ~0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 69 amount of space you have. She also talked about toddlers and said she has just enrolled the people from her toddler list, and she has one slot available at this point and that's all. And even having that one is a rather unusual situation for her. She says she usually has more than that. She says it's a desperate need. She says that also that hers is usually the child cam facility that takes in the girls in the Trips Program. And those of you who are not familiar with the Trips Program, it is one done by the Denton Independent School District and it works with the mothers, that is young women who become pregnant while they're in school. They're transferred during their pregnancy over to a facility in the Fred Moore School building for the duration of their pregnancy. And when their child is born, they can either elect to return and finish their schooling there or they can go back to Ryan or Denton High School or, God forbid, to the middle school where they were when they became pregnant before. But the saddest filing she said was that as important as it is to get these young women back in school, that sometimes they cannot go back because she doesn't have space for their babies and they don't have anyone else to take care of the babies, which means then Page 70 that they are out of school until they can fit that child in. So all of these people have told us it is an absolutely dire need. We don't know at this point whether we would set up something that would 4. we hope to Page 71 1 We would be absolutely delighted if one of 2 them would have come forth and said, we'll use it as a 3 satellite, but no one has volunteered to do that yet. But 4 we do -- Ms. Williams mentioned that she did have an 5 employee who wanted to work with babies and who has some 6 experience with that, but she didn't have a slot for her 7 now. So there are some people out there~ 8 And United Way has worked with some mothers 9 to set up in-home day care. And this group that I was 10 talking to today, they're focussing on these children in 11 day care, child care to do on February 21 st is Give a 12 Child a Smile Day. And those groups have joined together 13 with Crest Toothpaste, who's providing electric 14 toothbrushes, no less, to all these children in 15 kindergarten and in some of the preschools so that they 16 can learn how to take care of their teeth, for instance. 17 There are young people in our community 18 that not only do they not have a place to go during tile 19 day that's safe, they don't have much attention from 20 people. And as much as people like to say, well, it's 21 really the parent's responsibility, let's.face it, when a 22 young woman in high school or even in junior high has a 23 child, if she really know what ~o do, she wouldn't have 24 had that child in the first place, you see. 25 So her ability to actually raise this child Page 72 1 2 3 4 5 6 work with the Fred Moore Day Care Center. And we don't 7 know whether what we would do is focus on babies, which 8 have specific requirements, or whether we would try to do 9 toddlers, but we want to work together so that between the 10 two, that we could provide the most assistance that these 11 women and families would need. 12 I was talking today with a representative 13 from the United Way, one from Texas Women's University 14 Dental Hygiene Service, and a dentist who heads the 15 Kiwanas Children's Clinic. They, too, were talking about 16 children and, again, talking about a cooperative effort. 17 One of thc things we have ali learned is that them is no 18 need for one of us to try to do everything, which is the 19 reason Denton Affordable isn't getting into child care. 20 We're only going to provide the building for the child 21 care to occur in. But that if you pull together all the 22 resources of the corrmmnity, you can do a lot more than you 23 can trying to pull something off by yourself. And that's 24 why we're trying to work with all of the existing child 25 care agencies. 1 ' is very, very limited. So we all kind of -- you can't 2 really say to the child, well, unfortunately, you were 3 bom to a mother who didn't know what to do. Forget you. 4 All of these people are part of our 5 community and so what we believe is you have to pitch in. Everybody pitch in what you can and you help out. And so our way of pitching in as the Denton Affordable Housing Corporation is to provide this particular facility to a person who will become a licensed day care operator and they will operate this facility so that those woman who come into transitional housing, whether it's from the fact that they just have not managed well and have gotten evicted from from their place, and now Hope is working with them and they're getting on their feet, or whether a woman who has come out of the women's shelter with her family, because most of these people do have children. But this would allow them then to go out and look for work and to get a job and actually work comfortable that their child was being taken cam of. And in this instauce,, being taken care of in a close proximity to where they are living. So l"m happy to answer any questions that you have. COMMISSIONER APPLE: Thank you very much. We do have a few questions. Co~ranissioner Holt. 6 7 8 9 10 11 12 13 ~14 15 16 17 18 19 20 21 22 23 24 25 PLANNING AND ZONING COMMISSION FEBRUARY 12, 2003 Page 69 - Page 72 CondenseltTM Page 73 ] COMMISSIONER HOLT: Yq~, Linnie, a couple 2 of questions. Who's going -- you said you're going to 3 hire someone to operate this. Where's the money coming 4 from for it to run? 5 MS. MCADAMS: Well, there am a number of 6 sources that we are looking at. Interestingly enough, for 7 grant writers, you can get monies from a number of areas 8 to start up day care or child care or some other services, 9 particularly when it is targeted to a specific population 10 such as this that you can show that by providing this 11 service, you enable these people to get on their feet and 12 move on. It's quite different than when you're looking 13 for some services that you're going to have to provide the 14 same services to the same people for the long haul. 15 COMMISSIONER HOLT: SO it's nonprofit? 16 MS. MC^D^MS: That's right, yes. 17 COMMISSIONER HOLT: And how many transition 18 homes would feed the children into this? 19 MS. MC~m^MS: Actually, you know, ][ just 20 know that we have over there for sure, we have those four 2i and then we have a house, and I'm not really sure how many 22 23 24 25 Page 75 1 those expenses with them so that they learn how to manage. 2 COMMISSIONER HOLT: will it be on a.sliding 3 scale as Fred Moore's is? 4 MS. MCADAMS: YOS. Yes. 5 COMMISSIONER HOLT: And I'm still -- I'm a 6 little worried about the basic upkeep of thc facility, 7 long term. I mean,'I know you can get money to get it 8 started and, you know, hire W. achers and get equipment and 9 things like that. But what about the long-term upkeep? 10 MS. MCnO^MS: tf you're talking about the 11 structure itself, Denton Affordable Housing Corporation 12 will ensure, as we do with all of our leased properties, 13 they are very well maintained. We are happy to have you 14 go out and look at any of those and we would make sure 15 that the facility was maintained. 16 COMMISSIONER HOLT: And tbe playground and 17 the yard mowed and -- I'm chairman of the board at Fred 18 Moore and I know these prob!ems come up. 19 MS. MC_&t)^MS: That's right. 20 COMMISSIONER HOt. T: ^nd they're hard to 21 solve. we have. And, Sheila, do you know how many we -- 207 She says we have 20 transitional houses throughout the City. COMMISSIONER HOLT: All over the City? MS. MCADAMS: nh-huh. COMMISSIONER HOLT: And so those will be the only children that are eligible to go to this day care? MS. MEADAMS: The transitional children, that's correct. COMMISSIONER HOLT: Transitional children? Page 74 .22 23 24 25 MS. MC~)~a~S: That's right, they are. But, again, all the properties that we own, we see that those things happen. COMMISSIONER HOLT: SO you-all would take Page 76 1 2 3 4 5 6 7 MS. MCADAMS: YeS. 8 COMMISSIONER HOLT: what is the average 9 length of stay in a transition home? 10 MS. MCADAMS: well, actually, it varies 11 because as you probably have heard, some people when they 12 -- some people don't even stay the length of time in the 13 shelter, but sometimes, particularly when they get out of t4 the shelter, when things.get very, very difficult, maybe 15 within the first month, maybe two or three months, when 16 things get too difficult and they can't handle it, those 17 people will sometimes go back home. 18 We would expect, particularly with the 19 people who are trying to get on their feet, that they 20 would be there for up to a year in thc transitional 21 situation. Because Hope works with them, counseling with 22 them every month. They have to collect all of their 23 bills, every expenditure they make. If they go down to 124 the 7-11 and buy cigarettes, they must keep that receipt 25 and, in conference with their counselor, they go over all 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 care of the maintenance of this property? MS. MCADAMS: That's right. COMMISSIONER HOLT: okay. Thank you. MS. MCADAMS: unless, of course, you know, somebody had a great deal and they said you don't need to do this, we'll handle it for you. COMMISSIONER HOLT: Right. MS. MC. ADAMS: we'd certainly say yes to that. COMMtSSIONER APPLE: commissioner Mu[roy. COMMISSIONER MULROY: Yes~ Linnie. You mentioned they all had to pitch in. I certainly want to thank you for pitching in the last 20, 25 years that I can rmnember on every -- serving the community.. MS. MCADAMS: Thank you. COMMISSIONER MULROY: ^nd you're a great advocate for this. And we spent a lot of time on the nfission. I just want to, if you would, for clarificatiom underscore thc importance of this geographic location to the mission. MS. MC. ADAMS: well, it's an area that has a 22 23 24 25 number already of low income people who depend heavily on Fred Moore. And as I said, she has a waiting list always. And right now she has available one slot in the toddler ca,gory. That's all that's available. PLANNING AND ZONING COMMISSION FEBRUARY 12, 2003 Page 73 - Page 76 Cond~nscltTM 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 77 So it's heavily used. And she said if anybody doesn't want this, please tell them to come and visit me here at Fred Moore so they can see what the problem is and I will tell them why we need the additional COMMISSIONER MOLROY: BUt this location is optimum as far as you're concerned? MS. MCADAMS: It'S a wonderful location. And I will tell you, the house that we're talking about renovating belonged to Eva Swan Hedge who was a public school teacher here many, many years ago. And we own the property. It's a larg~ tot and her house had sat back on the back. And we have the four-plexea on the front. I know that she would be absolutely delighted, with her concern for children, to know that her home was now continuing to serve, to educate, in any form, children. But it's a good place. There are trees. COMMISSIONER MULROY: Linnie, has anybody ever said no to you? MS. MCADAMS: Oh, yes. Oh, yes. But this time you'd be saying no to the children, not to me. If we're unable to have a day cam in it, we just lease it as a residence. But we just thought, even at the point when we were saying, okay, we have to either do this or forgot it, we kept saying -- I kept saying, I really want to 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 79 housing units are right them in that ama. Them are the four -- COMMISSIONER APPLE: If you'd speak into the microphone. MS. GIANNING: There are the four right in front of the proposed child care center, the one house that Linnie is talking about that is caddy-comer, and then four more units on that same -- in the 400 block. So talking about the -- COMMISSIONER MULROY: Right. Thank you for quantifying that, Sheila. MS. MCADAMS: Because if they, by any chance, just had two out of nine, you could have 18 right there. COMMISSIONER MULROY: okay. Thank you very much, Ms. McAdams. COMMISSIONER APPLE: since there are no other questions, I just have a quick one. And forgive me if you already provided us with this. Is there an age group? Is them a cut-off age at which they would be allowed to -- MS. MCADAMS: what we will look at, what the person who decides the operations will have to took at is the clients and figure out what Hope and Friends of the Family normally have and decide then what to serve. Page 78 I check and make sure that somebody doesn't want to do this 2 before I say take this building and go ahead and renovate 3 it as a home and rent it. Because it seemed to me to be 4 an ideal location where children were. 5 Thc other thing that Ms. Williams and 6 others told me they were in desperate need of is 7 after-school care. And that's one of the things that the 8 Fred Moore School does not do at all. So, again, that 9 would be something that we could do. 10 The other advantage for this is that 11 Friends of the Family does counseling with the children, 12 also. Because as you might well understand, some of 13 these children are really scarred from what they've been 14 through. So they would come to this site and they would 15 be able to work with the children there in this particular 16 site. They'd be fight them and wouid work very well. 17 MS. GIANNING: TO answer your question, 18 nine of our 20 transitional housing units -- my name is 19 Sheila. 20 COMMISSIONER APPLE: could you please give 21 your full name for the record? 22 MS. GIANNING: sheila Gianning, I'm the 23 deputy director Of Denton Affordable Housing Corporation 24 COMMISSIONER APPLE: Thank yon. 25 MS. GIANNING: Nine of our 20 transitional Page 80 I Because you have to get different kinds of licenses 2 depending upon what you are going to do. And so we would 3 be looking at, first of all, the possibility for serving 4 infants, certainly for the possibility of serving the 5 preschoolers, and then a consideration, if it w~re doable, 6 might be after-school care for those -- I don't know what 7 you would do, maybe first, second, third graders. I 8 haven't had young children in so long, I'm not sure when 9 they start staying by themselves. But what we would do is 10 look at the clientele and see what seems to be the most 11 reasonable thing to do to provide for these people. 12 COMMI§SIONER APPLE: SO yrall have not 13 gotten that far? 14 MS. MCADAMS: NO. NO, We'll2 working on 15 that with this wonderful group of people. And we're 16 always looking for volunteers. If you have anything to do 17 with child care or know anything about it, we're happy to 18 have you. Vicki, do you want to join us? 19 COMMISSIONER APPLE: I think it's a 20 wonderful idea. I was just laying to imagine 25 babies 21 and little kids as opposed to 25 12 year olds. 22 }ds. MCADAMS: YOU can't -- I don't believe 23 that we'd probably be able to have -- we probably couldn't 24 have 25 babies. I believe that the Fred Moore Center has 25 a room set aside for them and they can only, with two PLANNING AND ZONING COMMISSION FEBRUARY 12, 2003 Page 77 - Page 80 CondenscltTM l 2 3 4 5 6 7 8 9 l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 81 stuff, they can have COMMISSIONER HOLT: Thro5 staff, ten. MS. MCADAMS: are different standards depending upon what you're going to have. As I said, I don't know much about child care. Really don't want to know that. I'm gerry.. COMMISSIONE~ APPLE; But you don't have an upper range age at this point? MS. MCADAMS: NO. BUt We really -- primarily, we are thinking of presehooI children. That's really primarily what we're thinking of. It was Ms. Williams at Fred Moore who said we really need after-school care because we don't have that either in this neighborhood and she said so many of these children are home alone after school until their parents can get So she said, if nothing else, that would be a good area to look at. But t don't know how many of those children would be -- I don't know whether that would be the largest category that Friends of the Family and Hope would be working. I just don't know that. But because of State law, we would have to choose something or we'd have to choose ca~gofies and serve that. And that dictates your space. How much space you have will tell what you can have depending upon the 1 2 3 4 5 6 7 8 9 10 14 IS 17 18 19 20 21 22 23 24 25 Page 83 am against this. I live directly, I'm on file corner of Cook and Mill Street which is right here, right there on the comer of Cook and Mill. Okay. And to have a day care, I'm not against them putting up a day care but they can put it somewhere else. Denton Housing Affordable can put it somewhere else. She stated several things about file neighborhood. I've been living there 25 years on that corner, 25 years, and I know what type of traffic it is without a day care. I don't wish my driveway or no other people wish their driveways to be blocked or anything. And to have a day care put behind those apartment duplex, it doesn't even make sense. The area is not big. No playground. There's no security or anything fight there. And she talked about the neighborhood, if you got -- Denton Affordable Housing got all over the City o[ Denton, they can put it somewhere else. Another thing I heard that was stated was that -- about the Fred Moore day care and people. Fred Moore, the people that takes their children to Fred Moore come from all over the City of Denton. It's not in that area. Hardly any of thc people's children in that area go to southeast Denton because they're all grown. Okay. Is that a bell for me? COMMISSiOneR ^PPLe: YOU have one minute Page 82 I age group, as well as the number of staff. 2 COMMISSIONER APPLE: One other question 3 about activities. Have you given any thought to outdoor 4 activities? 5 MS. MCADAMS: There is enough space in the 6 back behind where thc area where these people would park, 7 because the people in the four-plexcs park back there, but 8 there's still -- it's quite a large lot and there's still 9 sufficient place to have an enclosed play area for the 10 children. Yes, we know they have to be outside. 11 Otherwise, people might get a little desperate. But, yes, 12 there' s ample recto for that. 13 COMM~SSrONER APPLE: okay. Thank you. No 14 further questions. We have three cards of people who wish 15 to speak. Do we have anyone in the audience who wishes to 16 speak in support of this Agenda item? Then we do have 17 ifa'ce cards from people who wish to speak in opposition. 18 Tile first is Mareella Franklin. If you'd just give us 19 your name and address, please. 20 MS. FRANKLIN: Yes. I'm Marcella Franklin 21 at 317 East Mill here in the City of Denton. And could I 22 have the opposition nmp put up, please? 23 ' COMMISSIONER APPLE: pardon me? 24 MS. VR~N~Ct. ttq: could I have the opposition 25 map put up? Okay. I just wanted'to talk a little bit. I 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 84 left. MS. FRANKLIN; 'I didn't hear it on no one else. Okay. And another thing I want to address to them is that everybody in that area is elderly people, homeowners. And, as far as them talking about bringing people in here and there, there's no one over there like that. And the people that got up and made the statement, they're not over there. We are against that. Every neighbor -- every neighbor over there in that area is against the day care. I've walked and talked to them. They are against that day care. And I hope that y'all vote that this does not be approved tonight. Thank you. COMMISSIONER APPLE: Thank you, Ms. Franklin. And just so you're aware of our procedures, the people who are presenting their case get 15 minutes which is why you didn't hear time called on them. People in the public heating to speak get three. MS. FRANKLIN: Okay. No, I wasn't aware of that, but thank you. COMMISSIONER APPLE: That's okay. And that might be helpful to someone else. MS. FRANKLIN: Okay. Thank you. COMMISSIONER APPLE: YOU beL The next person we have a card from is Petemia Washington. Hi. If you'll give your name and address, please. PLANNING AND ZONING COM3/flSSION FEBRUARY 12, 2003 Page 81 - Page 84 CondcnscItTM Page 85 I MS. WASHINGTON: ,Sure. My name is Peternia :2 Washington. I Iive at 618 East Prairie in Denton, Texas. 3 I bring you greetings from our chairwoman, Ms. Carolyn 4 Phillips who would have been here tonight but she's in a 5 classroom earning a lawyer's degree tonight. I'm here 6 representing the Southeast Denton Neighborhood 7 Association. I am their vice president. 8 We have some concerns. I am here to speak, 9 you know, against this spot zoning that has been asked by 10 Denton Affordable Housing Corporation. Number one, I 11 would ask that you use the stone formula that you just used 12 with the previous case. This is an itsy bitsy scrunched 13 up area. This is a terrible spot to want to put a child 14 care center. And, surely, Ms. Holt can speak to the 15 issues of parking, double parking, safety. Surely, out of 16 ail the properties that Denton Affordable Housing has, 17 they can put it someplace more conducive to safety, to, 18 you know, just being more compatibility with thc 19 neighborhood. 20 You know, just because there's a need, you 21 wouldn't put it out in the middle of a swamp, so why put 22 it right there in that spot. You would surely, you know, 23 just mess up the neighborhood. 24 And Ms. McAdams said that, you know, the 25 neighborhood is poor, economically challenged. Well, she Page 86 1 herself said that only people in transitional housing 2 would be able to, you know, access that nursery. So 3 nobody who actualty lives in that neighborhood would be 4 able to do that who has been there for awhile. So i'm 5 just here to say that the Southeast Denton Neighborhood 6 Association is against any spot zoning and we're against 7 you, you know, voting in favor of this. Thank you. 8 COMMISSIONER APPLE: Thank you. Thc final 9 card we have is from Jacob Henry. 10 MR. HENRY: I'd like to speak to the pane[ 11 here. Thank you. 12 COMMISSIONER APPLE: Just give us your name 13 and address for the record, please. 14 MR. HENRY: Adolphus Henry, 400 East Mill. 15 COMMISSIONER APPLE: Thank you, sir. 16 MR. HENRY: Okay. And I've lived there for 17 52 years. So when we're talking about zoning and 18 rezoning, I'm not just against that project that we're 19 here to discuss. I'm talking about the whole cmmnunity. 20 See, we~ve been asked to absorb three 21 apartment complexes within 200 yards. You had one at 22 Cross Timber and Mill Street and then the one at Cook 23 Street and Mill Street, and now you're talking about 24 putting a day care behind the one that's on Mill and Cook. 25 Well, what I'm saying is that is within a Page 87 1 200 yard area. There's one entrance to that l~articular 2 location. You're talking about a safety hazard there 3 because you have an apartment, then you're bringing 4 children in. And then who's going to -- how are you going 5 to get in and out? You have one entrance, no exit. So 6 I'm opposed to it. 7 Allen Street is a one-way street. It deads 8 right into my driveway. Cook Street deads into the 9 driveway of the complex of where you're talking about 10 putting this day care and which this apartment building is 11 right in front of. All of this was built in 2000. 12 So within one year, you've asked 200 yards 13 to absorb an apartment complex~ three apartment complexes 14 and one day care center. Now, for 50 years I lived there 15 and I never seen an apartment. 16 So Pm saying if you zone this, then what 17 am you saying you're going to zone the whole conununity 18 industrial? This is a neighborhood. That's on a 50 -- 19 that lot which they're talking about that Ms. Hedge owned 20 was not Ms. H0dgc's. Mr. Clarence Jackson owned that lot. 21 Thank you. 22 COMMISSIONER APPLE: YOU still have a 23 minute, sir. That's just your warning. 24 MR, HENRY: okay. Mr. Clarence Jackson i25 owned that lot the whole comer and back to Ruth Street Page 88 1 and he gave that to Ms. Eva Hedge. So let's correct that. 2 So now I'm saying that that is a residential area. Those 3 are 50 X 175 lots. That apartment building, each one was 4 built on 50 X 175 lots which you converted into commercial 5 business. 6 Well, now what happens to us homeowners? 7 You're saying we're going to industrialize the whole 8 community because I saw it happen on Prairie Street, I 9 don't know where anywhere in the United States where there 10 would be a concrete plant in thc middle of a residential 11 district. But I'm saying we should not have that. Thank 12 you. 13 COMMISSIONER APPLE: Thank you, Mr. Henry. 14 We have no more cards but if there's anyone in the 15 audience who wishes to speak regarding this item, we'd 16 certainly entertain them. If you'll please come down and 17 give your name and address. 18 MS. ATK~NS: Barbara Atkins, 2201 Spencer 19 Road in Denton. I'm the executive director for Hope, 20 incorporated, and came out of interest for the project as 21 one of the partners in this partnership that does work 22 with the transition housing families in the community. 23 What we've attempted to do is use city, 24 state, federat resources and the donations from the 25 community to take a group of families with children that PLANNING AND ZONING COMMISSION FEBRUARY 12, 2003 Page 85 - Page 88 Condcns~ItTM I 2 3 4 5 6 7 $ 9 t0 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 Page 89 are fairly expensive to deal with to move towards sci f-sufficiency. And the families that we do work with in this program, and there will be 20 un[ts spread about the City, but about nine of them in this neighborhood where they can walk to this site, which was one of the reasons that we wanted to look at that to absorb, had the desire and ability, as MeAdams said, to really move towards ' self-sufficiency and try to work back into the community. And we have found that the children from this population, homeless population, federally defined, have very special needs. And they need more attention. One of the o~er things and I hope Pm not stepping out and in that we have discussed, because as Linni¢ said, thc partners that are there now are not child care providers. We're looking for that piece of the puzzle to come in with the other three agencies that are workingl But we would like -- we have discussed with this group that's working in a task force from thc universities and it's expanding to other providers in the community, to also perhaps use this site not just for the families that are in transition housing, we don't know yet. We don't know what the needs arc and where we need to go. But there might be the instance that someone from Page 90 I the neighborhood or another shelter, as the community 2 grows, might need some day care. 3 Again, and I know ~at -- I can imagine 4 that the traffic concerns would be for the residents. 5 Most of the families there now could walk to the center 6 and out. And we would like input from the community in 7 that neighborhood to see if there might be some other uses 8 for that facility, after-school, some counseling type 9 facility that we might could use it for, too, when the 10 building is not in use for child care. 11 COMMISSIONER APPLE: thank you. Is there 12 anyone else in the audience who wishes to address this 13 item? Seeing no one coming forward, would you like 14 rebuttal time? 15 MS. MCADAMS: Thank you. And very quickly, 16 let me say that the one lady mentioned a lack of security. 17 We are well aware of the requirements for security and 18 Denton Affordable Housing Corporation will fully provide 19 what is required in terms of security. That's not a 2o problem. 21 As Barbara just mentioned, there was talk 22 about all the traffic. Nine units in the area are within 23 · walking distance. They are down the street, across the 24 street in the same block as this particular day care 25 center. So it is not something that would necessitate Page 91 1 driving to. 2 And as for this being somehow different, 3 let me just suggest, and I'm sort of -- I don't mad these 4 too we[[, but adjacent here is another four-plex. It 5 happens to be owned by Councilman Rcdmon, so I'm just 6 going to point out that the area is not totally 7 single-family, as might have been suggested. 8 Our houses'are not different than what's 9 already there. He has a four-plex just separated by -- I 10 think it's 326 Mill is a four-plex that he owns there. 11 There is -- we have a house at the comer of Cross Timber 12 and Mill. Next to it is a duplex that, most surely, has 13 been there since the early 50's. You skip a house on 14 Cross Timber and there are four or five units there that 15 are rental. Well, they're a little difficuR to describe. 16 But, anyway. There are lots of houses there, units there, 17 smrte of them multi-fmrfily other than just ours. 18 We're not talking about a zoning change t9 here. These zoning kinds of things are already in 20 existence and have been for quite some time. So we're not 21 doing anything new. We're just trying to provide a close 22 by site for these families to take their children. A 23 place that's safe. A place that will be less expensive. 24 Something that they can afford so that the children are 25 not left alone~ Page 92 1 And I hear the statements, there are no 2 children there. I know for certain. I happen to know 3 three children up on Ruth Street. One of which is~ you 4 know, just barely a toddler. So there are children in the 5 area. 6 So I'm, again, happy to answer any 7 questions. But ! think those were the basic objections 8 that were raised. And we certainly will take care of 9 those. 10 COMMISSIONER APPLE: Thank yOU. 11 Con'mfissioner Johnson. 12 COMMISSIONF~. JOHNSON: Yes. I do have a 13 question. How many workers will be at this child care 14 center? 15 MS. MCADAMS: ~t will depend upon the 16 population because the State is very strict about that. 17 And it will -- 18 COMMISSIONER JOHNSON: Can you guess? 19 MS. MC~D^MS: well, we said if they decided 20 to do babies, they would need three workers for ten 21 babies, and that would probably bc as much as you could do 22 in that size. 23 COMMISSIONER JOHNSON: would there be 24 enough parking for any number of workzrs that you might 25 happen to have there? PLANNING AND ZONING COMMISSION FEBRUARY 12, 2003 Page 89 - Page 92 CondcnscItTM 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 1 5 6 7 8 9 10 I1 12 13 i14 15 16 17 18 19 20 21 22 23 24 25 Page 93 MS. MCADAMS: Yes. There's adequate parking, yes. COMMISSIONER JOHNSON: okay. MS. MCADAMS: Not a problem at all. COMMISSIONER JOHNSON: And you said that this would serve, like, 20 properties and nine of them are in the neighborhood, right? MS. MCADAMS: That is col2'ect, yes. COMMISSIONER JOHNSON: okay. How do the folks get there from the other 11 ? Are they bussed or do they come in private automobile or what? MS. MCAD^MS: They would come in private automobiles. But you realize we're talking about dropping 1 2 3 4 5 6 7 8 10 11 12 13 Page 95 COMMISSIONER ROY: This is a difficult case. COMMISSIONER APPLE: I;m sorry. I thought you were -- we need a second before we can discuss. I thought you were going to second the motion. Sorry. We have a motion. Is there a second? COMMISSIONER JOHNSON: I'll second for discussion. COMMISSIONER APPLE: All right. Wc have a motion and a second. Now it's open for discussion. Commissioner Roy. COMMISSIONER ROY: Thank you. As I was saying, this is a difficult case. The traffic issue off. We're not talking about staying there. COMMISSIONER JOHNSON: Right. And they would drop off -- because wifli Fred Moore there, I don't know what the traffic is like in that neighborhood. Would they likely drop off at peak traffic times? Would that be the cause of the traffic concerns? Ms. Me,YAMS: tt would not be necessary to go past the Fred Moore facility in order to get to this 14 15 16 17 18 19 2O 21 bothers me more than anything else. Pulling into that site and pulling back to the home in the old residence in the back, there's no way to have a circular in and out. People are going to have to come in, park, take their child in, and back out. It just realty is an awkward situation. I wish there was an easy solution for that. That would make it a lot easier for me. It's just a feeling that I have. Thank you. one at all. You would come in, if you went down Robertson Street and came up Mill that way, you would turn into our driveway. If you cam~ in the reverse, came in from the west, again, you'd be on Mill Street, you'd turn into our Page 94 driveway, you'd go back out the same way. You would not 22 COMMISSIONER APPLE: Thank you. Commissioner Holt. COMMISSIONER HOLT; Yes. I'm wearing two hats tonight and I'm going to have to put my Fred Moore Page 96 child care hat away tonight. There is nothing needed more need to go by Fred Moore at all. COMMISSIONER JOHNSON: or the Fred Moore - Day Care Center? MS. MCADAMS: The day care center is what I mean. You would not need to go down there. COMMISSIONER JOHNSON: okay. Thank you. COMMISSIONER APPLE: Thank you. Since the meeting began, we have received one other notice of opposition from Vicki Brown at 312 Mill Street. And then we received two notes in opposition, one from Shawn Jones at 308 Milt and Janie D-E-M-E-Y-E-R at 308 Mill, also. Staff have any final comments? Thank you. I'I1 close the public hearing and open it for Conunissioner's comment. COMMISSIONER MULROY: Madam Chairman. COMMISSIONER APPLE: commissioner Mukoy. COMMISSIONER MULROY: I would hke -- 'f'm ready to make a motion. And with all respect to the 2 in Denton than care for young children. But as my job is 3 sitting on this Commission, I have voted time and time 4 again to protect the neighborhoods. 5 And because of the traffic situation and 6 being familiar with how day cares are mn and how much 7 traffic in and out there is, and they're talking about 8 having meetings at night and counseling. And I will help 9 them find another site. I really feel so strongly about 10 this. I will really look and really help them. But I 11 just don't feel like this site is appropriate for this 12 particular use. 13 COMMISSIONER APPLE: commissioner Powell. 14 COMMISSIONER POWELL: Thank you, Madam 15 Chairman. We heard how this was not a zoning change but 16 what we have here is an sup. ^ zoning change, it's a 17 totally different use for this property. It's a change. 18 And I can't help but notice that of the properties most 19 affected by this change, all of them on this map are red. neighborhood comments to the negative, I'm going to make a motion to pass this sup with two conditions. One, the lighting as stipulated in our package and second being that a licensed child care provider shall operate the child care facility. So I move approval of the svP. COMMISSIONER APPLE: Coi13.miss[0ner Roy. 21 22 23 24 25 The ones that are not red face different streets rather than the street that this property is on. Thank you. COMMISSIONER APPLE: Thank you. Commissioner Watkins. COMMISSIONER WATKINS: Thank you, Madam Chair. I don't know of anyone that's done more than PLANNING AND ZONING COMMISSION FEBRUARY 12, 2003 Page 93 - Page 96 CondcnscltTM Page 97 i Linnie has for the people of Denton. But I'm mazed at 2 the neighbors, the people that actually live there don't 3 want this. 4 And as much as I want from the Lion's Club 5 and other -- Ms. Brody when she first set up the first 6 one, from that time, but I'm amazed the neighbors don't 7 want it. And I can't vote against the neighbors. I would 8 join with Ms. Holt in trying to find another location 9 because it is certainly needed. And I feel tike 10 Commissioner Roy, it's not'a good vote. l I COMMISSIONER APPLE: Thank you. I will be 12 · voting in favor of the current motion only because I think 13 that the traffic problems that people keep bringLng up are 14 not going to be a problem. Having worked with some of 15 these people, they don't have cars to drive. 16 They're going -- a tot of them are going to ' 17 be walking. Maybe one car will have four children in it. 18 It's not -- if it's a maximum of 25 children, I just -- I il9 can't see that being a huge traffic problem. And I do i20 think there is a great need for this and I applaud them 21 for giving this a try. Commissioner Mulroy. 22 COMMISSIONER MULROY: well, it's pedestrian 23 friendly, tike the new Code asks for. I really do 24 understand both sides of the equation. And I just have to 25 reassert or lean into, you know, the nature of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i23 24 25 Page 98 building. The construction is not going to change. And, yes, there may be some congestion traffic-wise and there will be mom people than maybe you're accustomed to seeing at that one location. And that may be an inconvenience to a degree, but the offsetting gain of trying t° solve a problem to, you know, centrally locate and have an anchor to solve a social problem that's everybody's burden, including that neighborhood and my neighborhood, whatever, 5 6 7 8 9 10 11 12 t3 14 16 17 18 19 20 21 22 23 24 25 Page 99 why 'I'm voting fl~e way ¥ am. Seeing no more discussion, vote please. Motion carries 4-3. (COMMISSIONERS WATKINS, HOLT AND POWELL VOTED IN OPPOSITION) We have had a request for a break so we are going to adjourn and reconvene at 9:00 o'clock. (Break taken.) you know, to support this innovative action, I think merits, at least, the opportunity. If it is too much traffic or if we have a security problem or whatever, as time goes on, then they would, I would assume, change locations because it would prove lo be impractical. But I'm willing to take that chance to at least get the foot forward to solve this problem. Thank you. COMMISSIONER APPLE: I just want to add one · more comment that I meant to mention earlier. The place as it is designed now is going to draw, as the people mentioned, from the four homes that are directly adjacent to this. With concerns to parking, there are in existence currently 15 parking spaces. So it's -- someone asked the question earlier if there would be sufficient parking. I can't foresee that if it can onty hold 25 children, that there would be 15 workers. So I would think that the 15 parking spaces would be adequate. Just more backup for 10 11 12 13 14 15 f6 17 18 19 20 21 22 23 24 25 Page 100 PLANNING AND ZONING COMIVIISSION FEBRUARY 12, 2003 Page 97 - Page 100 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A CHILDCARE FACILITY ON APPROXIMATELY 0.72 ACRE OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF MILLS STREET AT COOK STREET AND COMMOMLY KNOWN AS 320 MILLS STREET, WITHIN A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZON1NG DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0063) WHEREAS, DeNon Affordable Housing Corporation has applied for a specific use permit for a childcare facility within a Neighborhood Residemial 3 (NR-3) zoning district classification and use designation on approximately 0.72 acre of land generally located on the south side of Mill Street at Cook Street and commonly known as 320 Mill Street, as more particularly described in Exhibit "A' attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, on February 12, 2003, the Planning and Zoning Commission recommended approval of a Specific Use Permit for a childcare facility; and WHEREAS, the City Council finds that the Specific Use Permit is consistem with The Denton Plan; and WHEREAS, in accordance with Subchapter 6 of the Developmem Code of the City of DeNon, Texas, the City Council finds that all of the following conditions exist: The childcare will be compatible with and not injurious to the use and enjoymem of other property nor significantly diminish or impair property values within the immediate vicinity; and The establishmem of the childcare will not impede the normal and orderly developmem and improvemem of surrounding property; and Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; and The design, location, and arrangemem of all driveways and parking spaces provides for the safe and conveniem movemem of vehicular and pedestrian traffic without adversely affecting the general public or adjacem developmems; and Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; and Directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and There is sufficiem landscaping and screening to ensure harmony and compatibility with adjacem property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations comained in the preamble of this ordinance are incorporated herein. SECTION 2. A specific use permit to allow a childcare facility within a Neighborhood Residemial 3 (NR-3) zoning district classification and use designation on the Property is hereby approved, subject to the following conditions: 1. Developmem and operation of the childcare care facility shall be in accordance with the site plan on file in the City Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B". 2. All lighting within the proposed developmem must be in compliance with the Light and Performance requiremems established by the Developmem Code. 3. A licensed childcare provider must operate the childcare facility. SECTION 3. Notwithstanding the description of the Property, the property being rezoned includes all property to the cemerline of all adjacem street rights-of-way. SECTION 4. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 5. That 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 5. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the DeNon Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY PAGE 2 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 3 Exhibit A ~ I~TES ~ 80UNOS 0.72 ACRES 320 M~/ STREET FIELD NOTES to oll that certain Iol. tract, or p~'cel al fend situated in Ihe ALEXANDER SURVEY, ABSTRACT NUMBER 625. i~ the City of Denton, Oenlon County, Texas and berg re-survey of o Called 0.719 acre tract descrd3ed ut lhe Deed from Johnny Croblree end Oov,d Hunler to Ouenhn E. Young. recorded i~ VoMme 4408, page 492, of lhe Real Property Records o! Oenton County, Texas, the subjea! tro,-t bei~9 more particularly described os foRo~s: BEGINNING for the Northvest corner of Ihe tract being descr~oed herein of a capped iron rod found, some being in lhe South line of o public roodvoy posted os East Mai SJreel, end being Ihe Norlheost corner of a coned Lol 3, BlOCk I. of Mil Sfreel Addition. ~n oddilion tO the City of Denton, Oenton County, Texas according fO Ihe prat thereof recorded i~ Cae~net Q, Page 208. of the PIol Records of Denton County, Texas: THENCe: South 88 Degrees 41 Minutes OS Seconds East ~th fha Smsth lute of smd East M~ Slreet o distance of t28,05 feet to t/2-inch i~on rod f~ for corner, s~e be~g the Northwest corner of a co,ed Second Tract des~ee m she d~d from 8~y Roy Redmon !o Raymond Radmon ~ecorded in Vol~a 44~6, P~e 173S. o~ ~he ReM Property Records QI Denton County, Texas; THENCE South O00e§ree lB Minutes 42 Seconds West ruth the West I,~e of smd Re,roan Iroct ~d the EOSI line of SOld 0.719 a~e tract ~g or ne~ · fete a ~slonce of ~4.07 feet Io a I/~-~ncn iron rnd fo~d for corner QI t~ ~se of o tree ~d berg the Soulh~esl cotne~ of sa,d Re,man TrocI: THENCE Soulh 87 Oegrees 26 I~nules 20 Seconds EosI ~qlh lhe Soulh line of smd RecImon TroCl O alliance of OO.9.~ feet Io 0 f/g~mCh a'on rod fo~d f~ corner n fha West I~ of ~tock II Of Roberlson AddS,on, ~ nd~h~ 10 the Cay of Oent~, Oenlon Co. fy. Texul OCCOr~n9 lO Ihe plQI thereof reco~nd ~ Volume ~, Page ~, ~Ot Recede of Oeo*on Co.fy, Texas: THENCE Soulh OI Oegree O0 Minutes 26 Seconds Welt ~th the West I~e of smd Block I~ of sa~d Robectson Addd~on a Chstonce of 49.91 feet I0 · 3/4-tach .r~n rod found for the Soul,east corner of Smd 0.7;9 acre I~OCI, ~d be~9 lhi NorlheosI COrner of Lot 2. 8lock of sold Robertson Ad~hon: THENCE North 87 Degrees 22 M~nutes 25 Seconds West with the North line of smd Block of sa,d Roberlson Addd:on O d, stonce of 210.49 feel 10 a i/2outch a'on rod found for the $outhvesl corner of so~d 0.739 acre tract, lame being fha S~theQ$1 corner of 0 tract of land ~escrJbed ut the deed from Ihe Oent~ Hdepend~t ScUM O,slr~cl to O~ono R. Block (ecor~e~ ~ Volume 4351, Po~e ~83. o~ the ReM Property RecMds of Demon Co--fy, THENCE North O0 al, stance of 210.90 or less. Oegree 51 Nbnufes 16 Seconds Eoll yah the East tree of so:d 81ack Troc! a feel to Ina POINT OF' BEGIl~llNG, end enclos,ng 0.72 octet of lend, more Th~s Plot correclly represents ihe resulls of en on-lhe-~'ound sm'vey mode under my aztecS,on ond superws~on on 0.~-21-01, There ore no w$~ble or Opporenl utlcus:o~s, proIrusmfls or eosemenfs except OS shorn hereon. NOTE: Th~s survey vas conducted wfhout ihe benefit of o Scheaule A 8~ B. J.E. THOMPSON R.P[.~'°~N~ 4B$7 JOb No. 010492 FLOOD STATEMENT: I hove examined Ihe FEMA Flood Insurance Role Map for Ihe Cily of Denton. Oento~ County. ~e~es. Co~uml~ Number 4~0394. Pedal ~60 ~, ellechve dote 4-~-97 and Ih~s moo ~nd~coles fhGl t~s properly iS ~ N~-Shode~ ,?.ONE X ~h~Ch ~$ delmnd as 'Areas aelerm~nea f0 be ouls~de the 500-yam flood: 12-02-02A10:19 RCVD Owner/Developer: Existing Zoning: ~SJte size: Proposed Use: $ignage: Utilities: Landscaping: Exhibit B Denton Al~0r~ble-Hbfi~ifig Corporation NR 3 (Adjacent properties consist ofa mLx of single and multi-family residential) 0.72 acres total Existing 1,986 sq. ft. one-story, single =family residential dwelling located toward rear of site to be conver~ed to a child-care center for an estimated 25 pre-school aged homeless children from families participating in the Tro~siflon~d Housing Pr~gra~ No signs will be installed Underground utilities installed Sprinkler system instaD~ Vicinity Map 316 Mill and 320 East Mill Street Scale 1" = 20' North lof2 l J~ 316 Mill . ' -" ' - " I tInJr t flNt~ Z [ tltJ,r ~ tl~T q J[ Four singl~o~ ~d~m units :. ' . I ~ . . ~2~2,~ .~16 Mill and 320 East Mill Street Location Building Area HOurs of' Operation Number of Employees Parking .Spaces Landscaping Screening Lighting -Pedestrian Connectivity Site Plan Addendum 320 Mills Street Approximately 2,000 square feet 7:30 am - 6:00 pm weekdays;, occasional counseling sessions during evenings. 4 - 6 employees, depending upon the ages of Children; No residential staff is proposed. 6 parking spaces A minimum of 10 foot landscape area with one tree for every · 30 linear feet along the south and east property lines and shrubs around the perimeter of the chitdcare center will be provided. Existing mature trees on site will be preserVed. Replacement of the existing chain link fence with a wood fence constructed with steel posts and a decorative cap with the good side of the fence facing the residential uses along the east and south. Security lighting will be installed on the area assooiated with the childcare facility. Walkways from the parking area to the childcare center and from the center to the playground area will be constructed. Page 2 of 2 03/25/03 #5B AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 25, 2003 Planning and Development Department Dave Hill, 349-8314 SUBJECT - ADP03-0001 (Teasley Lane High School) Hold a public hearing and consider adoption of an ordinance approving an Alternative Developmem Plan for approximately 77 acres. The property is in a Neighborhood Residemial 2 (NR-2) zoning district and in the Extra Territorial Jurisdiction (ETJ) of the City of DeNon. The property is generally located on FM 2181 (Teasley Lane) southeast of Leatherwood Road and west of Bluebonnet Road. A high school and facilities are proposed. The Planning and Zoning Commission recommends approval with conditions (7-0). (ADP03-0001) BACKGROUND Applicam: Greg Edwards on behalf of DeNon ISD DeNon, Texas The applicant is requesting the Alternative Development Plan to allow parking between the street and building. This approximately 2 acre portion of the site is in the city limits and is required to meet site design standards. Volumary annexation procedures are underway for the remainder of the site; however, due to scheduling requirements, will not begin until May of this year. The proposed Alternative Development Plan, as submitted, is compatible with The Denton Plan and surrounding land uses based on the unique situation concerning the high school developmem and security issues. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommended approval (7-0) with the following condition: Additional landscaping will be required between the street and the parking lot. ESTIMATED PROJECT SCHEDULE The subject property is not platted. The approval of a preliminary and final plat will be required prior to issuance of any permits or development. 1 PRIOR ACTION/REVIEW The following is a chronology of ADP03-0001, commonly known as Teasley Lane High School: Application Date - DRC Date- Planning and Zoning Public Hearing - Date: January 13, 2003 Date: January 23, 2003 Date: February 12, 2003 No prior activity on the property. No Neighborhood meeting was held. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Minutes from February 12 Planning and Zoning Meeting 4. Draft Ordinance and Exhibits Prepared by: Autumn Speer Planner I Respectfully submitted: Larry Reichhart, AICP Assistant Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Request The site is approximately 77 acres. A high school and sports fields are proposed. The applicam is requesting approval of an Alternative Development Plan to allow for parking between the street and the building. The applicam is proposing 68 visitor parking spaces at the drop off site in front of the main entrance to the high school. The applicant would like to create a separation between school faculty, studem parking and omside visitor parking for security purposes. The applicam is also proposing five other alternative developmem issues, however since those portions of the site are not currently located in the city limits the site design regulations do not apply. The applicant has intentions of meeting all other site design requirements. The other site requirements that are in the ET J, but would not comply with site design requiremems are as follows: 1. The south parking lot will not be broken up imo blocks of 100 spaces to allow for a cominuous hard surface for band practice. 2. The south parking lot will not include a 30 foot vegetative buffer space as required by site design criteria. The site is limited by Environmentally Sensitive Areas as to the location where parking and practice fields can be constructed. 3. The tennis court lighting will be greater than 2 foot candles at the property line, which is greater than the requiremem of 0.5 foot candles at the property line. 4. The football field lighting is greater then 2 foot candles at the property line, which is greater than the requiremem of 0.5 foot candles at the property line. 5. The perimeter fence requiremem will be chain link rather than opaque to allow for greater security. Existin~ Condition of Property Property History. February 20, 2002 - The subject property was placed in the Neighborhood Residential Mixed 2 (NR-2) zoning district and land use classification by Ordinance 2002-040. Prior to this the property was in the Extra Territorial Jurisdiction (ET J) of the City of DeNon. Adjacem zoning: North: Extra Territorial Jurisdiction (ET J) - Vacam lots South: Extra Territorial Jurisdiction (ET J) - Vacam lots East: Extra Territorial Jurisdiction (ET J) - Mobile Home Park West: Neighborhood Residemial 2 (NR-2) zoning district - Vacam and single family Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use area. New developmem in this district should respond to existing developmem with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. The proposed developmem will be compatible with the future land use plan. Development Code/Zoning Analysis Currem Neighborhood Residemial 2 (NR-2) zoning allows for the developmem of the proposed high school. Site design criteria does not allow parking in between the building and street frontage. Alternative Development Plan Criteria An applicant may propose an Alternative Development Plan, which meets or exceeds the "objectives" of Subchapter 35.13, but does not meet the "standards" of Subchapter 35.13. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary process. The criteria for approval is as follows: 1. Preserve Existing Neighborhoods. a. The proposed developmem and structure would preserve the existing neighborhood. 2. Assure quality development that fits with the character of Denton. a. The proposed development will meet the criteria of the Denton Development Code, and the construction and site design will be compatible with the character of DeNon and the specific area. 3. Focus on new development to activity centers to curb strip development and urban sprawl. a. The character of school development is to locate where needed for the attendants of the school. The urban sprawl and strip development requirement does not apply. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. a. The access to the site from Teasley Lane will be adequate to serve the proposed development. Staff Findings Due to the unique situation presemed with the need for security and safety the proposed Alternative Development Plan is compatible with The Denton Plan. Staff Recommendation Based on above findings staff recommends approval of the requested Alternative Development Plan. ATTACHMENT 2 Location/Zoning Map ~J ETJ SiTE Scale: None Comp Plan Map NORTH CondenseltTM Page 101 I COMMISSIONER APPLE: wetll rtw~onvcne our 2 meeting now and move on to Item 8 which is a public 3 hearing. And Autumn Speer with the City planning staff 4 will present. I'll open the public hearing. 5 MS. SPEER: GOOd evening again, 6 Commissioners. Agenda Item No. 8 concerns a request for 7 an alternative development plan for approximately 75 acres 8 located in a Neighborhood Residential 2 zoning district. 9 Of which the majority of the site is in the ETJ gO we're 10 only considering one i~an for the alternative development 11 plan. i2 The applicant is Teasley Lane High School. 13 They're proposing a parking lot with 68 spaces in front of 14 the main building off of Teasley. The proposed parking 15 lot would be right about here. According to the Denton 16 Development Code, we do not allow parking in between the 17 building and the street. 18 However, the applicant is requesting the 19 parking lot in thc front to create a s~aratlon for 20 visitor parking and student parking and faculty parking. 21 The students and the faculty will have parking to the rear 22 and to the sides of the site, whereas this will be a 23 thoroughfare for drop-off and visitor parking to the 24 school. 25 As you see in your backup, there are some 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 PLANNING AND ZONING COMMISSION 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 103 four-lane. Now, the parking lot -- the site plan is not nailed down yet. We actually had a conversation about the access into the school today. So that will be decided at a later date. COMMISSIONER JOHNSON: SO what you're trying to say is 2181 will be widened before the high school is on-line? MS. SPEER: I don't know the timeframe but I think it's pretty soon, actually. COMMISSIONER APPLE: Mr. Reichhart would like to add some information. MR. REICHHART: That is correct. The exact date of when Teasley is out of our control. It is a State function. It has been programmed and the improvements will be very closely related to when the school will open. COMMISSIONER JOHNSON: BUt yOU can't really · say today that the infrastructure is consistent with the added traffic that you're going to put on that two-lane road, right? MS. SPEER: Actually, since most of the property is in the ETJ, I can't really say -- that's the kind of catch 22 of this project. I have one thing that I can talk about and that's the parking lot. I can't really talk to you about the building since it is in the ETJ. COMMISSIONER JOHNSON: okay. Let's talk Page 102 other conditions for an alternative development plan. 1 However, they do not apply since that property is 2 currently in the ETJ, Annexation procedures are in place. 3 But due to scheduling, they won't begin until May of this 4 year. 5 The site is currently in an existing. 6 neighborhood's infill compatibility future land use. The 7 proposed high school is compatible with the future land 8 use. The current NR-2 zoning along the right-of-way of 9 Teasley Lane, FM 2181 is compatible with the high school 10 use. 11 In order to approve an alternative 12 development plan, there are four criteria that must be 13 met. The proposed parking lot development in front of the 14 building does meet the criteria based on the unique 15 circumstances of the high school use. Based on these 16 findings, staff does recon~uend approval. 17 COMMISSIONER APPLE: Thank you. 18 Commissioner Johnson. 19 COMMISSIONER JOHNSON: Yeah. Before you 20 leave, how about Item 4, can you explain that one to me? 21 MS. SPEER: Item 4, ensure that 22 infrastructure is capable of accommodating development 23 prior to thc development occurring. Currently, Teasley 24 Lane is two-lane and it is proposed to be expanded into 25 FEBRUARY 12, 2003 Page 104 about the parking. Are there other areas, because the City has been pretty firm on trying to keep parking off of the area between the building and the street, right? MS. SPEER: correct. COMMISSIONER JOHNSON: Have there been other areas or other situations where they have approved exceptions to that? MS. SPEER: There have been some exceptions. For example, we make an exception to that for gasoline sales and for some other type of, you know, car sates lots, things like that. Those kind of unique circumstance~ that ~tand out. COMMISSIONER JOHNSON: But not for restaurants and other things like that, right? MS, SPEER: Correct. MR. REICHHART: We have approved alternative development plans for Denton Crossing that did provide for parking between the buildings and Loop 288, and the applicant did provide additional landscaping to buffer and screen that parking. COMMISSIONER JOHNSON: SO will the high school provide additional landscaping and stuff to screen the parking and a}l that? MS. SPEER: I think that is actually in the works and I think the applicant could address that more. Page 101 - Page 104 Condens~ItTM Page 105 1 We've discussed that as a mitigating point to take cam of 2 that. 3 COMMISSIONER JOHNSON; okay. But I'm 4 concerned about the road because I've heard a lot of 5 discussion about 2181, how that is really a bad area for 6 traffic. And I've driven on it and it is bad. And I 7 would hate to see a bunch of high school kids trying to 8 leave high school onto a two-lane road out there in the 9 condition that it's in right on a curve. So, you know, is 10 there some assurance that the road will be done before the 11 high school is built? 12 MR. REICHHART: We cannot give that 13 assurance. 14 COMMISSIONER APPLE: commissioner Mukoy. 15 COMMISSIONER MLLRO¥: ~ may be able to help 16 clarification for the Commission and staff. The monies, 17 of course, were approved and are in our bond issue for the 18 TeasIey portion. 19 Because the City didn't have the match 20 monies, the agreement is that they'll start the widening 21 of Teasley at the north and work south from Denton down to 22 351 So the utilities have akeady been relocated in 23 portions of that. So it is imminent as far as you can 24 predict road construction, but I'm guessing within two 25 years and I think that's going to be coincidental with the Page 106 1 high school 2 COMMISSIONER APPLE: Thank you, Is the 3 applicant present? 4 MR. BUSSgLL: My name is Allen Bussell. I 5 work with Greg Edwards Engineering Services at 1621 Amanda 6 Court. And I'm here to answer any questions that you have 7 on it. I don't have a presentation for you. 8 COMMISSIONER APPLE: Thank you. 9 Commissioners, are there any questions? I don't see any. 10 MR. BVSSELL: All right. 11 COMMISSIONER APPLE: Mr. Reichhart would 12 like to say something. 13 MR. REICHHART: In ow conversations with 14 the representatives from the school district, they have 15 indicated that they would provide additional landscaping, 16 and that could be a condition of approval that additional 17 landscaping be provided to screen the parking lot. 18 The question regarding Teasley and the 19 improvements, when Teasley would be built, would it 20 correspond with the opening of the school? 21 MR. SALMOU: wells first of all, I don't 22 know what the opening of the school is. I can tell you 23 when we're expecting Teasley. I mean, on the optimistic 24 side, we would hope that Teasley might be under 25 construction toward the end of 2004. I personally think PLANNING AND ZONING COMMISSION Page 107 1 that's a little optimistic but that's what we're shooting 2 for. I mean, it could wwy easily sllp into 2005 because 3 it is an extremely large project. It's currently under 4 design by Txr~o?. 5 MR. REICHHART: And correct me if I'm 6 wrong, Allen, I believe the high school is scheduled to 7 open in 2005. 8 MR. BUSSELL: TWO years, right. 9 MR. SALMON: SO it sceans likely to me that 10 the high school would open and the road would probably be, 11 possibly be under construction. 12 I mean, the understanding that, you know, 13 we're talking about reconstructing Teasley all the way 14 from Bent Oaks all the way around through Corinth to 1-35. 15 I mean, you know, that's a three or four-year project. 16 What end they're going to start on first, I 17 don't know yet. Whether they're going to break it into 18 segments, I don't know yet. So, you know, we've got a 19 huge project that could take three or four years to build 20 and I don't know which end they're going to start on. 21 So -- 22 MR. REICHHA~T: And correct me if I'm 23 wrong, is because road improvements are scheduled and will 24 be built, the applicant would not be required to construct 25 their portion of Teasley at this time? Page 108 I MR. SALMON: NO. As a matter of fact, what 2 we would recommend, given the pending construction, 3 especially I think we're talking about having some right 4 turn lanes and things of that nature for some of the 5 driveways, that they actually give us the money to hold in 6 an account and then we would turn around and enter into a 7 funding agreement with TXDOT and pay for those turn lanes 8 through a funding agreement with TXDOT at the time that 9 they were building the road rather than have the school 10 district put turn lanes in now just to be ripped out in 11 two or throe, four years. 12 COMMISSIONER APPLE: Thank you. 13 co~mnissioner Johnson. 14 COMMISSIONER JOHNSON: SO what I think I 15 heard you say is it's possible that this road widening 16 will be going on and the construction will be happening 17 when the school is open. 18 ' MR. SALMON: That's correct. I mean, we're 19 talking about a two-year window - 20 COMMISSIONER JOHNSON: From a public safety 21 standpoint then, you as engineering; would you find that 22 to be objectionable? 23 MR. S^CmON: ~ think it's an uncomfortable 24 position. I mean, you know, obviously, Teasley Lane is 25 already at, you know, the traffic, amount of traffic on FEBRUARY 12, 2003 Page 105 - Page 108 CondenseltTM 2 3 4 5 6 ? 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 109 Teasley Lane is already too much for two lanes, and that's why we're trying to get it built to six lanes. So, you know, adding a high school before it's completely built out to six lanes is obviously an issue. COMMISSIONER JOHNSON:' of course, construction only exacerbates the condition, right? MR. SALMON well, you're right. I mean, TXDOT is pretty decent about keeping two lanes of traffic open at all times, understanding that those two lanes could be relatively narrow, you know, you've got construction equ/pment. You know, obviously during construction, your road capacity isn't what it is when it's not under construction. But I can guarantee that they will always have two lanes open. COMMISSIONER APPLE: Ms. Palmnbo would like to offer some commentary. MS. PALUMBO: Right. This whole building is in the ETJ and that's not part of our zoning authority in the ETJ. Really the question is, you know, is this parking for visitors and drop-offs appropriate under this alternative development plan and are there any other conditions that you might want to place on this particular piece that you can't regulate? COMMISSIONER JOHNSON: well, but the -- under the alternative development plan criteria, there are Page 110 four criteria, right? And the fourth one, could you read the fourth one? Is that a criteria or not? MS. PALUMBO: YeS, that is a criteria. Ensure that infrastructure is capable of accommodating development prior to development occurring. COMMISSIONER JOHNSON: would that infrastructure would include highways or not? MS. PALUMBO: Well, in this case the infrastructure, you're just looking at the parking lot, the little piece in front of the building. Is Teasley adequate for people to come and drop off or visit the school? Page 111 1 not the optimal, but I just wanted to give you that 2 information. 3 COMMISSIONER APPLE: It will be the parents 4 driving instead of the Students. Commissioner Johnson. 5 COMMISSIONER JOHNSON: Okay. Well, I'll 6 get off of this but I do, just do want to say one thing. 7 We spent a lot of time talking about safety issues and 8 infill. This is not infill. This is green field, 9 basically. 10 This is a case where you have the 11 opportunity to put the infrastructure in place and do it 12 properly first, before you get to an infill condition. So 13 that's the only reason that I'm kind of making a point of 14 this is that, you know, it would be nice if the road were 15 done before the school was there, regardless of how many 16 people you have to have getting on and off the road. 17 COMMISSIONER APPLE: cmrmaissioner Mulroy. 18 I'm sorry. Commissioner Wa&ins. 19 COMMISSIONER WATKINS: Thank you, Madam 20 Chair. I'm ready to make a motion if -- is the public 21 hearing closed or whatever? 22 COMMISSIONER POWELL: It'S not closed yet. 23 COMMISSIONER APPLE: IS there anyone else 24 in the audience who wishes to address this item? Staff .25 have any additional comments? We're going to close the Page 112 public hearing. Commissioner Watkins. COMMISSIONER WATKINS: Thank you, Madam Chair. I move approval of ADP03-0001. COMMISSIONER MULROY: second. PLANNING AND ZONING COMMISSION 5 COMMISSIONER APPLE: We have a motion and a 6 second. Is there any discussion? Commissioner Roy. 7 COMMISSIONER ROY: I wonder if my colleague 8 would consider a friendly mnendment to add a requirement 9 for enhanced landscaping to offset the differences with 10 our Code. 11 COMMISSIONER WATKINS: I thought that had 12 already been 'discussed. Certainly. COMMISSIONER JOHNSON: whether you have a 13 road or not, it's whether you have a parking lot, right?14 COMMISSIONER APPLE: Mr. Reich_hart would 15 like to make comment. 16 MR. REICHHART: Just one additional piece 17 of information. As the school is developed, the first year they will only have freshmen and sophomores at the 19 school, and then that will grow into a full, you know, 20 junior and senior. 21 So for at least the first year there, it 22 will be half the population and then slowly accommodate 23 the full student body. So that provides a little bit 24 more flexibility as the road is being developed. It's 25 FEBRUARY 12, 2003 COMMISSIONER ROY: I $o move to add that requirement as a friendly amenchnent. COMMISSIONER APPLE: DO you accept that? COMMISSIONER WATKINS: Yes. COMMISSIONER APPLE: And does the second accept it? COMMISSIONER MULROY: I second it. COMMISSIONER APPLE: All right. Commissioner Powell. COMMISSIONER POWELL: I'd like to point out a couple of things. The school district is a taxing entity. It' s questionable whether they even have to be here. You know, I think they're friendly and they should Page 109- Page 112 CondenseltTM Page 113 1 be here but, technically, it's very questionable whether 2 they need to be here. 3 Secondly, I'd like to point out about 4 parking in front. I recognize that's what we're aiming 5 for. But I have to tell you this City Hall has parking in 6 front, the brand new courthouse down the street has 7 parking in front, City Hall West has parking in front, I 8 mean, everybody has got parking in front in government 9 buildings. I don't get excited about parking in front. I 10 think we should just pass this and get on with it. i i COMMISSIONER APPLE: commissioner Mulroy. t2 COMMISSIONER MULROY: All right. Let's 13 beat it up some more, Bob. I just want to take this 14 opportunity, since we are belaboring it, to belabor one, 15 two quick points. One, it's barely in our jurisdiction. 16 I really thought this would be a no brainer. 117 And, number two, I mean, we've got a sliver 18 that we're really concerned with. All other dialogue is 19 really out of bounds for us other than just that one 20 sliver. I mean, they're genuine concerns that we have but 21 they're not germane to what our duty is. 22 The second thing, germane to our duty is 23 evidenced by this in my colleague's corm~ents, both my 24 colleagues, our new Development Code really has taken a 25 blind eye to the specific requirements of the school 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23' 24 25 Page 114 district which is -- they have some pretty standard requirements. And I think we put them in a position that for almost every building they do, they're going to have to come in for an alternate development plan. And I redly think we should find some way to give them administrative relief and simplify the process. Thank you. COMMISSIONER APPLE: Thank you. Any further discussion? Vote, please. Motion carries 7-0. PLANNING AND ZONING COMMISSION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2(} 21 :22 23 24 25 1 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 2t 22 23 24 25 FEBRUARY 12, 2003 Page 115 Page 1 16 · Page 113 - Page 1 16 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROViDiNG FOR AN ALTERNATIVE DEVELOPMENT PLAN FOR A NEIGHBORHOOD RESiDENTiAL MIXED USE 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING A PARKING LOT BETWEEN THE STREET AND THE BUiLDiNG FOR AN APPROXIMATELY 77 ACRE SITE LOCATED IN THE J.C. SURVEY ON 2181 (TEASLEY LANE) SOUTHEAST OF LEATHERWOOD ROAD AND WEST OF BLUEBONNET ROAD iN DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABiLiTY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0001). WHEREAS, the DeNon independem School District ("DISD") has applied for an alternative developmem plan which is on file in the City's Planning Departmem, a copy of which is attached hereto and made a part hereof as Exhibit "A" (the "Alternative Developmem Plan"), on a portion of approximately 77 acres of land located in a Neighborhood Residemial 2 (NR-2) zoning district as more particularly described in Exhibit "B" attached hereto and made a part hereof by reference; and WHEREAS, on February 12, 2003, the Planning and Zoning Commission recommended approval of the requested alternative developmem plan with the following condition; Additional landscaping will be provided between the parking lot and street fromage; and WHEREAS, the City Council finds that the approval of the Alternative Developmem Plan is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations comained in the preamble of this ordinance are incorporated herein. SECTION 2. The Alternative Development Plan is hereby approved. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 4. 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 5. 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 DeNon Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ 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 ALTERNATI'VE DEVELOPMENT PLAN ISSUES AO, P ~I. JEJ ECT APEA All that certain tract of land situated in the J. C. Baker Survey Abstract Number 47, Denton County, Texas and being a part of the called 1~3.404 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; the subject tract being more particularly described as follows: BEGINNING for steel fence comer right-of-way ofF. the Northwest comer of the tract being described herein, at a 2 inch post and the Northwest comer of the said 13.404 acre tract on the East M. 2181; THENCE South 89 Degrees 36 Minutes 01 Seconds East along a wire fence with the North line of the said 13.404 acre tract a distance of 1,648.84 feet to a 1/2 inch iron rod found at a fence comer post at the Northeast comer thereof; THENCE South 00 Degrees 39 Minutes 08 Seconds West with the East line of the said D.I.S.D. tracts a distance of 2,123.93 feet to a 1 inch iron rod found at the Southeast comer of the said 37.595 acre tract; THENCE South 89 Degrees 40 Minutes 02 Seconds West with the South line of the 37.595 acre tract a distance of 1,355.43 feet to a 1 inch iron rod found at a fence comer post on the East fight-of-way ofF. M. 2181; THENCE Northerly with the East right-of-way ofF. M. 2181 along the arc of a curve to the fight having a radius of 1,096.28 feet, an arc length of 583.80 feet (chord bearing North 20 Degrees 21 Minutes 57 Seconds West a distance of 576.93 feet) to a wood right-of-way monument; ~. THENCE North 05 Degrees 06 Minutes 36 Seconds West a distance of 602.44 feet to a wood fight-of-way monument at the beginning of a curve to the fight having a radius of 2,955.54 feet; THENCE Northerly with the arc of the said curve, an arc length of 252.46 feet (chord beating North 02 Degrees 39 Minutes 47 Seconds West a distance of 252.39 feet) to a 1/2 inch iron rod set; THENCE North 00 Degrees 12 Minutes 57 Seconds West continuing with the East fight- of-way of F. M. 2181 a distance of 750.15 feet to the PLACE OF BEGINNING and enclosing 77.791 'acres of land. 03/25/03 #5C AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: March 25, 2003 Planning and Development Department CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT - Z03-0002 (The Meadows at Hickory Creek) Hold a public hearing to consider adoption of an ordinance for rezoning of approximately 7.1 acres from a Neighborhood Residential 6 (NR-6) zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district. The property is generally located on the east side of South Bonnie Brae Road and east of the proposed future extension of Vintage Boulevard. Neighborhood retail uses are proposed. The Planning & Zoning Commission recommends approval, 7-0. BACKGROUND Applicant: Karen Mitchell of behalf of Joab Partners, L.P. Arlington, TX The applicant is requesting the rezoning to allow for neighborhood retail service uses. In the current NR-6 zoning district no retail services would be allowed. The NRMU zoning district would allow for retail sales and services uses. To the west of the proposed site are two lots approximately 3.5 acres in size zoned PD-139, which allow for neighborhood services. The combination of these sites would create an approximately l 1-acre node for neighborhood services. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received no responses from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the requested zoning change from Neighborhood Residential 6 to Neighborhood Residential Mixed Use. (7-0) ESTIMATED PROJECT SCHEDULE The property will be required to be platted prior to issuance of any permits. PRIOR ACTION/REVIEW The following is a chronology of Z03-0002, commonly known as The Meadows of Hickory Creek: Ordinance 2002-040, adopted February 2002 placed the subject property in the Neighborhood Residential-6 (NR-6) zoning district and land use classification. Prior to the adoption of the Development Code, the property was zoned Agricultural (A). In October of 2002, the Development Review Committee reviewed a preliminary plat for The Meadows at Hickory Creek. Single family residential is proposed. The Planning and Zoning Commission approved the zoning request on February 12, 2003. No Neighborhood meeting was held. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Applicant Letter 5. Planning and Zoning Commission Minutes, February 12, 2003 6. Draft Ordinance Prepared by: Wes Morrison Planner I Respectfully submitted: Larry Reichhart, RLA, ASLA Assistant Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting approximately 7-acres be rezoned from its current Neighborhood Residential 6 (NR-6) to a Neighborhood Residential Mixed Use (NRMU) zoning district. The requested zoning change would allow neighborhood retail use on the site. This 7-acre site is part of a larger 95-acre tract of land. The City is currently reviewing the preliminary plat of the 95-acre site for a 270 single-family residential development. The community to the west of this site is known as "The Vintage". The Vintage is a planned community with a total of 351 single-family lots. This will give the area an approximate total of 621 residential lots within the vicinity. The Planned Development (PD-139) on the west side of Bonnie Brae has designated uses for a future school site, neighborhood services, and a park area. Existing Condition of Property The subject property is vacant and is not in a flood plain. Adjacent zoning: North: Neighborhood Residential 2 (NR-2) and Neighborhood Residential 6 (NR-6) zoning district- vacant/agricultural land South: Extra Territorial Jurisdiction (ET J) zoning district - vacant land & residential uses East: Neighborhood Residential 6 (NR-6) - vacant/agricultural land West: Planned Development (PD-139) zoning district - vacant/agricultural land and single-family uses. Two parcels located in the Planned Development 139 are designated for neighborhood services. As shown on the Zoning Map provided in Attachment 2, approval of this request would create a node of neighborhood retail and services. Currently no neighborhood retail is located in the vicinity of the site. Comprehensive Plan Analysis The subject site is located within the "Neighborhood Centers" future land use area. These areas may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers'. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. The proposed zoning change and use does meet the intent of the Denton Plan. Development Review Analysis Transportation A traffic impact analysis will be required in combination with the proposed residential development. Access and Connectivity Currently the property can be accessed from Bonnie Brae Road. Future expansion of Vintage Boulevard will connect to the site as well. In the future, Vintage Boulevard will connect with Bonnie Brae and cut through this 7-acre tract to connect to Hwy 377. Vintage Boulevard is identified on the Denton Mobility Plan as a future primary major arterial. Public Infrastructure Currently the infrastructure in this area is adequate to serve the proposed development. Development Code / Zoning Analysis In the Neighborhood Residential 6 zoning district very little commercial uses are permitted. Neighborhood Residential Mixed Use zoning district allow a variety of neighborhood retail uses, most with some type of limitation. The chart below illustrates the difference between the two zoning districts. Limitations for each use are explained below the chart. Single Family Dwellings P N Accessory Dwelling Units SUP (L1) N Attached Single Family Dwellings P L(40) Dwellings Above Businesses N P Live/Work Units L(16) P Duplexes P N Group Homes N SUP Multi-Family Dwellings N SUP (L4) Manufactured Housing Developments SUP N Hotels N P Bed and Breakfast N P Retail Sales and Services N L(17) Theaters Less that 1,000 Seats N L(14) Laundry Facilities N P Outdoor Recreation P SUP Broadcasting or Production Studio N L(14) Restaurant or Private Club N L(11) Drive-through Facility N SUP Quick Vehicle Servicing N SUP Professional Services and Offices N L(17) Administrative or Research Facilities N L(14) Bakeries N L(21 ) Veterinary Clinic N P Community Service N P Semi-public, Halls, Clubs, and Lodges SUP P Business/Trade School N L(14) Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P High School N SUP Elderly Housing SUP P Medical Centers N P L (1) - Accessory dwelling units are permitted, subject to the following additional criteria: (1) The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone, (2) The maximum number of accessory dwelling units shall not exceed 1 per lot, I3) The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not :xceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA, (4) On additional parking space shall be provided that conforms to the off-street parking ~rovisions of this Chapter. L(4) - Permitted as part of a mixed-use development of ten acres or more and only in conjunction ~vith office, retail or other permitted uses. L(11) - Limited to sit down only no take out service and no drive up service permitted. Limited to ao more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) - Uses are limited to no more than 10,000 square feet of gross floor area. L (16) - Uses are limited to no more than 1,500 square feet of gross floor area. L(17) - Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(21) - Bakery and bottling areas not exceed 2,500 square feet. Sales on premises of products ~roduced required in this zone. L(40) - Limited to a maximum 12 traits per acre. The limitations listed above regulate the specifics of each use allowed within the zoning district. Any proposed development on this site is required to be in compliance with the site design standards of the Development Code, including buffering and screening between proposed uses and future single family uses to the east. An approved site plan for the proposed development will be required prior to the issuance of any building permit. Staff Findings The proposed zoning change creates a node for neighborhood services and is compatible with the intent of the Denton Plan. Staff Recommendation Based on the above finding, staff recommends approval of the requested zoning change. ATTACHMENT 2 Location/Zoning Map NORTH Comprehensive Map Scale: None ATTACHMENT 3 Notification Map NORTH Limits of 200' Notification ETJ Limits of 500' Notification Scale: None Public Notification Date January 28, 2003 200' Legal Notices* sent via Certified Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 0 · Neutral: 0 Percent of land within 200' in opposition: 0% *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 .. .~-x Attachment 4 ~ Mitchell Planning Group, L.L.C. 7 8~3 Nine Mile Bridge Road Fort Worth, Texas 76135 Office- (817) 237-4467 Fax (817) 238-1444 mitchellplanning@aol.com Januaw 10,2003 Mr. Larry Reichhart, AtCP, ASLA Assistant Director of Planning City of Denton 221 N. Elm .. Denton, Texas 76201 RE: Zoning request on 7.076 acres of land located east of Bonnie Brae at the intersection of Vintage Blvd., also known as "The Meadows at Hickory Creek" Dear Mr. Reichhart: On behalf of my client, Joab Partners, L.P., I hereby submit a rezoning request on the above referenced property from the "NR-6", single family residential district to the "NRMU" neighborhood residential mixed use district. As you may recall, my client submitted an application to rezone this property to non- residential use at the same time the Denton Development Code was under consideration. As such, my client withdrew their appfication pending the Code's adoption along with the change of zoning classifications city-wide. This 7.076 acre site is part cfa larger tract (95.5 acres). The City is currently reviewing the preliminary platting of this site for a single family residential development. Our desire is to achieve approval of this rezoning in order to provide neighborhood services to support the growing number of residences in this area. in the future, Vintage Boulevard will intersect with Bonnie Brae. As part of "The MeadoWs at Hickory Creek", Vintage Blvd. is proposed, to extend across Bonnie Brae and cut through this 7.076 acre tract. The communitY to the west of this site is "The Vintage". "The Vintage" is a planned community with a total of 351 single family lots planned at full build out. Additionally, "The Meadows at Hickory Creek" is proposing another 270 single family residential lots for a total of 621 residential lots all within this vicinity. Another key factor that needs to be considered as part of this application is the fact that Liberty Christian School is proposing its new (K-12) campus on the west side of Bonnie Brae, directly across from our site. Our request fully complies with The Denton Plan which designates this area as a Neighborhood Center and further states: "The center contains uses necessary to support the surrounding ne~qhborhood. These support uses could include service - oriented retail such as a sma//grocery, hairsa/on~ dry cleaners, or sma//~rofessiona/offices. ~' in summary, given the growth planned for this area, there will be a need for limited supporting neighborhood service uses at this site. Our intention is to provide these uses within the core of these two developments. Thank you for your assistance. ~ Mitchell Cc: Mr. Charles Jowell, Joab Partners, L.P. Mr. Rick Ezzelt, Jr., Joab Partners, LP. 1 2 3 4 7 8 9 l0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Attachment 5 COMMISSIONER APPLE: The n~Xl. item on ollr 1 Agenda is a public hearing and Wes Morrison will be 2 presenting. And I'll open the public hearing. 3 MR. MORRISON: Good evening, Madam Chairman 4 and Conh'nissioners. The applicant is requesting to rezone 5 approximately seven acres from Neighborhood Residential 6 6 to Neighborhood Residential Mixed Use. The site is 7 located east of Bonnie Brae and Vintage Boulevard. The 8 neighborhood retail uses are being proposed. On page 4 of 9 your backup it identifies the particular uses that, the 10 differences basically between NR-6 and NRMO. TO the west 11 of this property ia the Planned Development 139, two 12 neighborhood retail sites are already creamd. Just it's 13 vacant land still there. A combination of the sites 14 proposed today and then the two sites existing would 15 create approximately 11 acres of Neighborhood Services 16 node. 17 In your work session this afternoon, I 18 passed out one notice that I received from the applicant 19 that was in favor of this zoning change. The site is 20 located in a Neighborhood Center. 21 The Neighborhood Center in fl~e Denton Plan 22 states that developments in this area should be or should 23 contain facilities that are vital to thc day-to-day action .24 of the neighborhood. Examples that were given were 25 Page 118 1 convenience stores, personal service shops, day cams, 2 individual office,, along with several others. The 3 requested zoning change is compatible with the Denton Plan 4 and staff recormnends approval. I believe the applicant is 5 here. If there are any questions, I can answer. 6 COMMISSIONER APPLE: Thank you. No 7 questions at this time. If the applicant would come 8 forward. 9 MS. MITCHELL: Madam Chair, members of the 10 Commission, again, my name is Karen Mitchell, Mitchell 11 Planning Group, 7823 Nine Mile Bridge Road in Fort Worth. 12 I'm here on behalf of the Joab Partners requesting the 13 rezoning of this seven acre tract of property. 14 Specifically, this is a parr of a 95.5 acm 15 pamel right here that is currently under review fight now 16 with the City for a preliminary plat for residential uses 1') in this particular area. One of the things that I would 18 like to point out to you is this piece of property that is 19 part of the Planned Development district that's right 20 across the street from Bonnie Brae is currently the 21 proposed site for the Libca'ty Clu'istian campus to relocate 22 at this area right over here. So that would take away a 23 little bit of this node of the nonresidential that's 24 approved in this particular arco over here. 25 My clients are requesting this rezonit~g so Page 119 that they can eventually put neighborhood-type service in this area. They aren't looking at doing any of the stuff that some of the people have been concerned about that have talked to me. Some of the staff was concerned about the possibility of multi-family going there, things like that. That is not what our proposal is. Our prOposal is truly to put nonresidential use that are service oriented uses. When we met with staff, we even looked at the preliminary plat on this piece of property and how we could integrate it to make it a pedestrian-friendly type situation so that folks in this area would be able to walk to this particular area or even drive without having to get out onto Vintage. They could actually come back around to this location. Our request does fully comply with the Denton Plan. It designates this area as a Neighborhood Center facilities viable to the day-to-day activity of the neighborhood. In surmnary, given the planned growth of this area, there will be a need for a limited mnount of supporting services. Again, our intention is to put something here that will provide the services to not only the residences that are already here but the residences that are planned for this particular area. Just to let you know, this particular area is slated, and I'm not PLANNING AND ZONING COMMISSION 6 7 8 9 10 11 12 13 ~14 15 16 17 18 19 20 21 22 23 24 25 Page 120 talking about this -- I'm talking about this area combined with the other phases of the Vintage for having approximately 621 residential tots. COMMISSIONER APPLE: Thank you. Are there any questions of the applicant? I don't sec any. Is them anyone present who wishes to address this item? Seeing no one coming forward, I will close the public hearing. Commissioner Johnson. COMMISSIONER JOHNSON: I move approval. COMMISSIONER HOLT: second. COMMISSIONER APPLE: we have a motion and a second to approve. Any discussion? Vote, please. Motion carries 7-0. FEBRUARY 12, 2003 Page 117 -Page i20 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL - 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 7 ACRES OF LAND LOCATED 1N THE WILLIAM ROARK SURVEY EAST OF BONNIE BRAE AT VINTAGE BOULEVARD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMI_?M AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0002) WHEREAS, Joab Parmers, L.P. has applied for a change in zoning for approximately 7 acres of land located east of Bonnie Brae at Vintage Boulevard and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 6 (NR-6) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation; and WHEREAS, on February 12, 2003, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is conSistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the Property is hereby changed from Neighborhood Residential 6 (NR-6) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. 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 5. 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 pubhshed twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~ 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 l~xhibit A -. Legal Description for the proposed non-residential property known as "The Meadows at Hickory Creek" LEGAL DESCRIPTION: 7.073 acres situated in the William RoaTI( Sulvay, Abstract No. 1087~ Denton .County, Texas, being · pmllon of n certain 95.559 acre tract of land conveyed to Joab Padnem, L,P., by deed recorded in Vol. 4203, Pg. 655, Deed of Records, Dent~n County, Texas, sald 7.073 acres being described BEGINNING at a point in Bonnie Brae Street (R,O.W. varies) being $ 00 degrees 26 ninutes 56 seconds West, 1,740.t7 feet from a one inch iron found atthe called northwest comer of said W. Roa~ SurveY; THENCE South 89 degrees 34 minutes 26 seconds East, 349.55 feet to a point for e comer;, THENCE South 00 degrees 25 minutes 34 seconds West, 881.65 fest to a point for · comer; THENCE North 89 degrees 29 minutes 09 semnds West, 349.55 feet to a point for a comer;, THENCE Norlh 00 degrees 25 minutes 34 seconds East, 881.'11 feet to the Place Of Beglnning and containing some 7.073 acres of land, more or less. 03/25/03 #5D AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 25, 2003 Planning Department Dave Hill, 349-8314 SUBJECT - SI03-0001 (RCC-:V Office Limitations) Hold a public hearing and consider an ordinance amending Sub-Chapter 5 of the Developmem Code, specifically the size limitation for Professional Services and Offices within the Regional Cemer Commercial Neighborhood (RCC-N) zoning district. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND Applicam: City of DeNon, DeNon TX Office use in the Regional Cemer Commercial Neighborhood (RCC-N) zoning district is curremly limited to no more than 10,000 square feet of gross floor area (Limitation 14). The proposed amendment removes the limitation, allowing any size office to be constructed in the RCC-N zoning district. OPTIONS 1. Approve as submitted 2. Approve with conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0). ESTIMATED PROJECT SCHEDULE N/A PRIOR ACTION/REVIEW January 22, 2003 - P&Z Work Session February 12, 2003 - Planning and Zoning Commission meeting FISCAL INFORMATION N/A ATTACHMENTS 1. Staff Analysis. 2. Minutes from the February 12, 2003 Planning and Zoning Commission meeting. 3. Draft ordinance. Respectfully submitted: RLA, ASLA Assistant Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary_ of Request Office use in the Regional Cemer Commercial Neighborhood (RCC-N) zoning district is curremly limited to no more than 10,000 square feet of gross floor area (Limitation 14). Although office use is also limited in the RCR-1 and RCR-2 zoning districts (table below), those zoning categories are more oriented towards residential uses. Likewise, retail uses are limited in RCR-1, RCR-2 and the RCC-N districts, but the limitation for RCC-N is 55,000 square foot per lot, which is not extremely limiting. Both office and retail uses are permitted in the RCC-D zoning district with no limitations to size. Professional Services and Offices L(15) L(14) L(14) P Retail Sales and Service L(17) L(17) L(13) P L(13) - Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) - Uses are limited to no more than 10,000 square feet of gross floor area. L(15) - Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(17) - Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. P = Permitted The RCC-N zoning district is one of four zoning districts consistent with the Regional Mixed- Use Activity Centers land use category. The Land Use component of the Denton Plan identified three separate areas as Regional Mixed-Use Activity Cemers (Attachmem 3). For a regional activity cemer, the focus area comains the shopping, services, recreation, employmem, and institutional facilities supported by and serving an emire region. A regional activity cemer could include a regional shopping mall, a number of major employers, restauram and emertainmem facilities, a large high school or community college, and high-density housing. A regional activity cemer is considerably larger and more diverse in its land uses than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of the building. Additionally, the following table (page 44 of the DeNon Plan) idemifies that large office buildings are imended to be located within a Regional Mixed Use Activity Cemer. Characteristics of Commercial Development in Mixed-Use Activity Centers Neighborhood Community Regional Mixed-Use Activity Center Mixed-Use Activity Center Mixed-Use Activity Center Purpose To provide convenience To provide convenience and To provide convenience and shopping for goods & comparative shopping for comparative shopping for services to an individual goods & services to an goods & services to an individual neighborhood as individual, neighborhood as well as a number of nearby well as the entire city & neighborhoods, surrounding area. Typical Land Area Up to 0 acres Up to 30 acres More than 30 acres Typical Service Up to 1 square mile & 5,000 Up to 8 square miles and Multi-county area & up to Area & Population people 40,000 people 250,000 people Typical Retail Convenience grocer Specialty stores, grocer, Malls, Big Box Retail & Tenant drug, hardware Superstores Typical Store Size Less than 4,000 square feet Less than 100,000 square More than 100,000 square feet feet Typical Purchase Convenience & Services Convenience & Comparative Comparative Type Typical Shopping Low Medium High Expenditu re Typical Shopping High Medium Low Frequency Typical Service Personal Services Automotive Services Automotive Dealers Types Typical Housing Moderate density, small High & moderate density, High density, large mixed- Types apartment buildings and town medium size mixed-use use apartment or homes, housing above apartment buildings, housing condominium buildings, commercial/retail uses above commercial/retail housing above uses. commercial/retail uses. Local Example Bell Place Denton Town Center Golden Triangle Mall The only reason identified by staff to limit office use within the Regional Mixed-Use zoning districts was to ensure that those areas were developed more heavily towards retail and high density residential and that larger offices be developed in the Employment Centers Land Use Areas identified in the Comprehensive Plan (Attachment 2). Employment centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenience shopping, and child-care. Adequate public facilities shall be a criterion by which zoning is granted. However, the RCC-D zoning district already permits large offices by right with no limitation on size. Therefore, if an applicant wanted to build a large office complex on property currently zoned RCC-N, they would have to rezone the property to RCC-D, which in all likelihood would be approved. If that scenario is correct, the limitation only serves to add time and expense to prospective office development within the Regional Mixed-Use Activity Centers. However, if the intention is to limit office development within the Regional Mixed-Use Activity Centers, the limitation should remain. Recommendation: Staff recommends that Sub-Chapter 5 of the Development Code be amended and the L14 limitation for Professional Services and Offices, within the Regional Center Commercial Neighborhood (RCC-N) zoning district, be changed to a permitted use without any limitation on size. ATTACHMENT 2 Regional Mixed-Use Activity Centers Employment Centers ATTACHMENT 3 Loop 288 / 1-35E Area Loop 288 / 1-35 Area 1-35W / Crawford Rd. Area CondcnscltTM 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 121 COMMISSIONER APPLE: I~om No. 10 is also a public hearing, and Larry Reichhart with the City staff will present. I'll open the public hearing. MR. REICHHART: Thank you. What we're looking at tonight is a continuation of what we had in our workshop last week. Within the RCC-N zoning district, office uses are currently limited to a specific size. The request before you tonight is to remove that limitation and allow offices by right. They would still have to meet all the other site design criteria but them would be no limitation on the size of an office in the RCC-N zoning district. Staff does recommend approval. I'll be happy to answer any questions. COMMISSIONER APPLE: Thank you. Is there anyone present who wishes to address this item? Seeing no one coming forward, I'll close tile public hearing, COMMISSIONER MULROY: I'll move approval, Madam Chair. COMMISSIONER POWELL: second. COMMISSIONER APPLE: we have a motion and a second. And I guess if we could clarify. I know the motion came from Commissioner Mukoy but I don't think the reporter could tell where the second came from, Cormnissioner Powell. COMMISSIONER POWELL: she knew where it 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 have an agreement that we can walk in and say both parties that. With that in mind, what we're requesting is A, be continued for two week; Item to be withdrawn from the Agenda, the plat that would have shown the variance, we Iron variance. B. are recommending that, we then would the preliminary plat requesting that be approved the Sherwin Williams And in two Agenda with and And that revised final our minimum: uireanents so we Iron And then on top of Item D tonight. So we're nd then the final plat for approved. back on the preliminary plat. ' affects the approving tonight, believe all fronts to move forward I'd be happy to answer COMMISSIONER APPLE: DO you known tg? Did y'all look at that? MR. REICHHART: It would be the 26th, 26th. COMM[SS[ONERAPPLE: okay. Then I guess 12! 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Page 122 came from. COMMISSIONER APPLE: shedid? Could she see you? I saw her head bobbing up there like she was looking. Any discussion? Vote, please, Motion carries 7-0. Before returning to Itc~n 5, we're going to take just a quick recess to allow them time to have questions answered. We'll return in about five 'UR. SALMON: I'm the courier here. I ~ if we had fi~inutes, we're going to have ~COM~SSIONER APPLE: okay, a recess of ten mi~just to be sal: at 20 till 10:00. % (Break.) N COMMISSIONER we'll go ahead and reconvene our now to Item No. 5 on tile Agenda. d Mr. .11 present. MR. 1 I've been I to be the spokespers to clarify what we're ting. tentative agreement recc of some of the internal drives Both parties want a little bit more time to and, you know, put it to hard figures to make sure that it works for both parties. But we do believe we 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Page what we would need is, first off, to address Item A be a motion to -- COMMISSIONER MULROY: I move for two weeks to February 26th. COMMISSIONER POWELL: second. we and discussion? Vote, please. second. 7-0. Then MR. withdrawn. Item C, Madam COMMI approve Item ;lONER APPLE: carries withdrawing Item okay, Item B is I move approval of have a motion to ;lONER APPLE: And a Any Vote, please. Motion carries And then we'll move onto Item D. COMMISSIONER MULROY: I moYe COMMISSIONER HOLT: second. COMMISSIONER APPLE: We have a motion second regarding Item D. Any discussion? Vote, please. PLANNING AND ZONING COMMISSION FEBRUARY 12, 2003 Page 121 - Page 124 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 OF THE DENTON DEVELOPMENT C ODE PERTAINING TO LIMITATIONS IN OFFICE SIZE IN THE RCC-N ZONING DISTRICT; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SI03-0001) WHEREAS, pursuant to Ordinance No. 2002 -040 the City Council of the City of DeNon, Texas adopted the Denton Developmem Code (the "Developmem Code"); and WHEREAS, after providing notice and after conducting a public hearing as required by law on February 12, 2003, the Planning and Zoning Commission recommended approval of certain changes to Subchapter 5 pertaining to limitations in office size in the RCC -N zoning district; and WHEREAS, after providing notice and after conducting a public hearing as required bylaw, the City Council finds that the subject changes to the Development Code are consistem with the Comprehensive Plan and are in the public interest; NOW, THE REFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Subchapter 5 of the Developmem Code is hereby amended in part as particularly described in Exhibit "A" attached hereto and made part hereof by reference. All other provisions ofsubc hapter 5 not inconsistem with the amendment shall remain in full force and effect. SECTION 2. 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 ordinan ce is violated shall constitute a separate and distinct offense. SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court of competem jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and City Council of the City of Demon, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. 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 Demon, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 EXIBIT A ..35~.5~.5 ..................... Reg.ioqa~.Mixed...Use.....Cente~s ........................................................................................................................................................................................................................................................................ Sections: 35.5.5.1 Purpose. 35.5.5.2 Permitted Uses. 35.5.5.3 General Regulations. 35.5.5.1 Purpose. The purpose of Regional Mixed Use Centers is to create centers of activity-including shopping, services, recreation, employment and instkutiond facilities supported by and serving an entire region. Land Use categories within Regional Mixed Use Centers include: RCR-1 RCR-2 RCC-N RCC-D Regional Center Residential 1 Regional Center Residential 2 Regional Center Commercial Neighborhood Regional Center Commercial Downtown 35.5.5.2 Permitted Uses. The £ollowing uses are permitted within Regional Mixed Use Centers: Agriculture P P P P Livestock L(7) L(7) L(7) L(7) Single Family Dwellings N N N N Accessory Dwelling Units N N N N Attached Single Family Dwellings P P P P Dwellings Above Businesses P P P P Live/VVork Units P P P P Duplexes N N N N Community Homes For the Disabled P P P P Group Homes SUP SUP SUP SUP Multi-Family Dwellings P P L(6) L(6) Manufactured Housing Developments N N N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 PAGE 3 Home Occupation P P P P Sale of Products Grown on Site N N N N Hotels N N P P Motels N N P N Bed and Breakfast L(8) L(9) L(9) P Retail Sales and Service L(17) L(17) L(13) P Theaters Less than 1,000 seats N N P P Restaurant or Private Club L(11 ) L(11 ) P P Drive-through Facility N N P P Professional Services and Offices L(15) L(14) P Quick Vehicle Servicing N N P P Vehicle Repair N N N P Auto and RV Sales N N N P Laundry Facilities P P P P Equestrian Facilities N N N N Outdoor Recreation SUP SUP N N Indoor Recreation N N P P Major Event Entertainment N N SUP SUP Commercial Parking Lots N N P P Administrative or Research Facilities SUP SUP L(14) P Broadcasting of Production Studio SUP SUP P P Sexually Oriented Business N N N N Temporary Uses L(38) L(38) L(38) L(38) P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 PAGE 4 Printing / Publishing N N N N Bakeries N N L(21 ) P Manufacture of Non-odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N L(23) Heavy Manufacturing N N N N Wholesale Sales N N N N Wholesale Nurseries N N N N Distribution Center N N N N Wholesale Storage and Distribution N N N N Self-service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Kennels N N N N Veterinary Clinics SUP SUP L(14) P Sanitary Landfills, Commercial N N N N Incinerators, Transfer Stations SUP SUP Gas Wells L(27) L(27) L(27) L(27) P-- Permitted, N--not permitted, SUP-- Specific Use Permit Required, L(X) -- Limited as defined in Section 35.5.8 PAGE 5 Basic Utilities SUP SUP SUP SUP Community Service P P P P Parks and Open Space P P P P Churches P P P P Semi-public, Halls, Clubs, and Lodges P P P P Business / Trade School N N L(14) P Adult or Child Day Care P P P P Kindergarten, Elementary School P P P N Middle School P P P P High School SUP SUP P P Colleges N N P P Hospital N N P P Elderly Housing P P P P Medical Centers SUP SUP P P Cemeteries N N N N Mortuaries N N P P P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 PAGE 6 35.5.5.3 General Regulations. General regulations of the Regional Mixed Use Centers are contained in the table below: Minimum lot area (square feet) None None None None Minimum lot width 50 feet 20 feet 20 feet None Minimum lot depth 80 feet 60 feet 50 feet None Minimum front yard setback 10 feet 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet None Minimum side yard adjacent to a street 10 feet 10 feet 6 feet None 10 feet 10 feet plus 1 plus 1 foot for foot for each each Minimum rear yard foot of foot of None None building building height height above above 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for each each each each Minimum yard abutting a single family use foot of foot of foot of foot of or district building building building building height height height height above above above above 30 feet 30 feet 30 feet 30 feet Minimum residential unit size 600 SF 500 SF 500 SF 500 SF Maximum FAR 0.50 0.75 1.5 3.0 Maximum Density, dwelling units per acre 30 40 80 100 Maximum Lot Coverage 55% 75% 85% 90% Minimum Landscaped Area 45% 75% 15% 10% Maximum building height 40 feet 50 feet 65 feet 100 feet PAGE 7 03/25/03 #5E AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 25, 2003 Water and Wastewater Utilities Howard Martin, 349-8232 ~ SUBJECT Hold a public hearing to consider the amendment of land use assumptions, a capital improvements plan and the imposition of an amended impact fee. BACKGROUND §395.054 of the Texas Local Government Code requires a public hearing by the City Council be held before an update to the impact fees can be imposed. This public hearing is required to discuss the Land Use Assumptions, the 10-Year Water and Wastewater Capital Improvement Plan, and impact Fee. On February 4, 2003, staff presented to the City Council the Duncan and Associates impact Fee Study "the Study", which was prepared using the Land Use Assumptions and 10-Year CiP previously approved by the Capital improvements Advisory Committee. At that time staff also provided the Council with the Public Utilities Board recommendations, which are included as Exhibit iii. Staff has also presented as Exhibit iV the minutes from the March 12, 2003 Capital Improvements Advisory Committee meeting. On March 17, 2003, staff presented to the Public Utilities Board a draft impact fee ordinance. Staff has presented to Council the impact fee study and the fees associated with the study. The Study includes one zone for water and two zones for wastewater (Zone 1-Hickory/Pecan Creek and Zone 2-Clear Creek). The separate zones were established to better identify and associate the cost of service in those areas with the population projections. Once the impact fee is calculated a credit is calculated to offset the cost of debt that is included in the rate structure associated with volumes usage. Total impact fee eligible cost for water is $166,363,638. impact Fee eligible cost for wastewater in Zone 1 are $55,406,886 and $17,728,500 in Zone 2. Total impact fee eligible cost of wastewater is $73,135,386. The following is a summary of the maximum impact fees allowable from the impact fee study: Water Calculated Credit 50% Credit $5,450 $5,450 Minus Credit (2,295) (2,725) Maximum Fee Allowable $3,155 $2,725 Wastewater Calculated Credit 50% Credit Zone 1 (Hickory/Pecan Creek) $2,874 $2,874 Minus Credit (1,171) (1,437) Maximum Fee Allowable $1,703 $1,437 Zone 2 (Clear Creek) $3,785 $3,785 Minus Credit (1,171) (1,892) Maximum Fee Allowable $2,614 $1,893 OPTIONS §395.057(a) of the Texas Local Government Code states the City Council, "within thirty (30) days after the date of the public hearing on the amendments, shall approve or disapprove the amendments of the land use assumptions, and the capital improvements plan and modification of an impact fee." Legal counsel advises that it is advisable that we set the matter of approval or disapproval of the amendments by a separate City Council meeting, within thirty (30) days of the public hearing on March 25, 2003. Therefore, the City Council may elect either of the following alternatives regarding approval or disapproval of amended impact fees: (1) If the City Council is ready to consider the approval or disapproval of amended impact fees with no further discussion or delay, then it would pass the matter, by an announcement at the public hearing on March 25, 2003, to a definite Council meeting some time between April 1 through April 22, 2003 for final vote and consideration. (2) If the City Council, for any reason is not ready to consider the approval or disapproval of amended impact fees within thirty (30) days of March 25, 2003, (then it would by an announcement at the March 25, 2003 public hearing) continue the public hearing until a future designated Council meeting. At such future Council meeting the public hearing would be reconvened. The thirty (30) day approval or disapproval period does not begin until the public hearing that begins on March 25, 2003, and is continued to a later Council meeting on April 15, 2003, is finally completed and adjourned, and announcement is made at such later Council meeting on May 13, 2003, within thirty days, for Council approval or disapproval of the amended impact fees. RECOMMENDATIONS Staff recommends approval of the attached ordinance. Exhibit I is the proposed ordinance recommended by the Public Utilities Board and staff. PRIOR ACTION/REVIEW (Council, Boards, Commission) December 18, 2002 - Capital Improvements Advisory Committee approves the Land Use Assumptions and the 1 O-Year Capital Improvement Plan. February 3, 2003 - Duncan and Associates Study presented to the Public Utilities Board. February 4, 2003 - Duncan and Associates Study presented to the Council along with fees recommended by the Public Utilities Board. February 11, 2003 - Staff presented to the Council recommended fees along with the impact on rates bases on the fee approved. March 12, 2003 - Duncan and Associates study presented to the Capital Improvements Advisory Committee. March 17, 2003 - Staff presented to the PUB a draft ordinance Exhibit I Proposed Impact Fee Ordinance Exhibit II Duncan and Associates Impact Fee Study Exhibit III Public Utilities Board Recommendations Exhibit IV Capital Improvements Advisory Committee Minutes Respectfully submitted: Howard Martin ACM, Utilities DRAFT 031103 MSC ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING "AMENDED IMPACT FEES" BY AMENDING CHAPTER 26, "UTILITIES," SECTION 26-210 THROUGH 26-232 OF THE CITY OF DENTON CODE OF ORDINANCES; ESTABLiSHiNG AMENDED WATER AND WASTEWATER IMPACT FEES; PROVIDING FOR THE CREATION OF ZONES 1 AND 2 RESPECTING AMENDED WASTEWATER FEES; PROViDiNG FOR THE ASSESSMENT AND COLLECTION OF SUCH IMPACT FEES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROViDiNG A SEVERABiLiTY CLAUSE; PROViDiNG FOR A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION THEREOF; AND PROViDiNG AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code, Chapter 395 authorizes a city to adopt and to amend impact fees for the purpose of financing capital improvemems required by new development; and WHEREAS, the City Council of the City of Denton, Texas initially enacted water and wastewater impact fees in accordance with Ordinance No. 98-301, dated on the 15th day of September, 1998; and it is now appropriate and lawfully required that the City once again address the issues of Land Use Assumptions and a Capital Improvements Plan, as well as the subject of Amended Water and Wastewater Impact Fees; WHEREAS, the City of DeNon, Texas has duly appoimed an Impact Fee Advisory Committee, as required by law; has received recommendations from such Committee; and has adopted Land Use Assumptions and a Capital Improvements Plan for amended water and wastewater impact fees in accordance with the requirements of Texas Local Government Code, Chapter 395; and WHEREAS, the City of DeNon, Texas, having complied with all substamive and procedural requiremems of Texas Local Governmem Code, Chapter 395, finds it necessary and appropriate to establish amended water and amended wastewater impact fees to pay the costs of certain capital improvements for new development; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the facts, circumstances, and recitations contained in the preambles to this Ordinance are hereby found and declared to be true and correct. SECTION 2. That the Capital Improvements Plan for Water and Wastewater Impact Fees prepared by James Duncan and Associates, Inc., a Texas corporation in association with Alan Plummet Associates, which is attached hereto and incorporated by reference, is hereby adopted. SECTION 3. That Chapter 26 of the Code of Ordinances of the City of DeNon, Texas, entitled "Utilities," be and the same are hereby amended, which shall read as follows: 1 EXHIBIT I DRAFT 031103 MSC CHAPTER 26: UTILITIES ARTICLE VI. IMPACT FEES Sec. 26-210. Short Title. This Article shall be known and cited as the "Denton Impact Fee Ordinance." Sec. 26-211. Statement of Purpose. This Article is intended to assure the provision of adequate public facilities to serve new development in the City by requiring each development to pay its proportional share of the costs of such improvements necessitated by and attributable to such new development as related to water and wastewater capital improvements. Sec. 26-212. Authority. This Article is adopted pursuant to Chapter 395 of the Texas Local Government Code and pursuant to the Denton Charter. The provisions of this Article shall not be construed to limit the powers of the City to utilize other methods authorized under state law, or pursuant to other City powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this Article. The effective date of this Article is September 15, 1998. Sec. 26-213. Definitions. The following words, terms and phrases, as used in this Article, shall have the meanings respectively ascribed to them in this Section, unless the context clearly indicates otherwise: (1) Area-related facility means a capital improvement or facility expansion which is designated in the impact Fee Capital improvements Plan and which is not a site-related facility. Area-related facility may include a capital improvement, which is located offsite, within, or on the perimeter of the development site. (2) Assessment means the determination of the amount of the maximum impact fee per service unit, that can be imposed on new development pursuant to this Article. (3) Capital improvement means any water supply; or treatment facilities; or wastewater treatment facilities that have a life expectancy of three (3) or more years, and are owned and operated by or on behalf of the City. (4) Director means the Director of Water Utilities for the City of Denton, or his or her DRAFT 031103 MSC designee. (5) Facility expansion means the expansion of the capacity of any existing facility for the purpose of serving new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to serve existing developmem. (6) Impact fee capital improvements plan means the Capital Improvemems Plan for water and wastewater impact fees prepared by Duncan Associates on January 30, 2003, or a similar subsequent report. (7) Land use assumptions means the land use assumptions for the City of DeNon, Texas, prepared on December 4, 2002, or a similar subsequem report. (8) New development means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of land, which has the effect of increasing the requiremems for capital improvements or facility expansions, measured by the service units to be generated by such activity, and which requires either the approval and filing of a plat, or a replat pursuam to the City's subdivision regulations, or the issuance of a building permit. (9) Service area includes that area within the corporate limits, and the extraterritorial jurisdiction of the City of Denton, Texas, including area within the City's Certificate of Convenience and Necessity, to be served by the water and wastewater capital improvements or facilities expansions specified in the impact fee capital improvemems plan and as shown on the attached Exhibits A~ B and C~ which are made a part of this Article for all purposes. (10) Service unit means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of developmem calculated in accordance with generally accepted engineering or planning standards, for a particular category of capital improvements or facility expansions. For water and wastewater facilities, the service unit shall constitute the basis for establishing equivalency within various customer classes based upon the relationship of the continuous duty maximum flow rate in gallons per minute for a water meter of a given size and type compared to the cominuous duty maximum flow rate in gallons per minute for a 3/4-inch diameter simple water meter. (11) Single-family equivalency ("SFE") means an equivalency factor, based on the demand associated with the smallest water meter used in the City of DeNon, Texas utility system. SFE's are utilized to establish the number of service units to be allocated to various meter sizes used in the City of DeNon, Texas utility system. (12) Site-related facility means an improvemem or facility which is for the primary use or benefit of a new developmem and/or which is the for the primary purpose of safe and adequate provision of water and wastewater facilities to serve the new development and which is not included in the impact fee capital improvemems plan and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. DRAFT 031103 MSC Sec. 26-214. Impact fee as condition of development approval. No new developmem shall be connected to the City's water or wastewater system within the service area without the assessment of an impact fee pursuant to this Article, and no building permit shall be issued umil the applicam has paid the impact fee imposed herein. Sec. 26-215. Land use assumptions. (a) The land use assumptions for the City, on record in the Office of the DeNon Planning Department, are hereby adopted and incorporated by reference. (b) Said land use assumptions for the City shall be updated at least every five (5) years utilizing the amendment procedure set forth in Texas Local Government Code, Chapter 395. (c) Amendmem to the land use assumptions shall incorporate projections of changes in land uses, densities, imensities and population for the service area over at least a ten (10) year period. Sec. 26-216. Water impact fee service area. (a) There is hereby established a water impact fee service area, the boundaries of which are depicted on the map attached hereto as "Exhibit A" and incorporated herein by reference. (b) The boundaries of the water impact fee service area match the boundaries of the City's water service area idemified in the City's Certificate of Convenience and Necessity ("CCN"), and shall be automatically amended as the City's CCN boundaries are amended. Sec. 26-217. Wastewater impact fee service areas. (a) There are hereby established two (2) wastewater impact fee service areas, Zone 1 and Zone 2, the boundaries of which are depicted on the maps attached hereto as "Exhibit B" and "Exhibit C" and incorporated herein by reference. (b) The boundaries of the Pecan Creek/Hickory Creek/Cooper Creek wastewater impact fee service area, shown in "Exhibit B," are established as Zone 1 and match the boundaries of the City's wastewater service area identified in the City's Certificate of Convenience and Necessity ("CCN") on the east, south and west, and those boundaries shall be automatically amended as the City's corresponding CCN boundaries are amended. DRAFT 031103 MSC (c) The boundaries of the Clear Creek wastewater impact fee service area, shown in "Exhibit C," are established as Zone 2 and match the boundaries of the City's wastewater service area identified in the City's Certificate of Convenience and Necessity ("CCN") on the east, north and west, and those boundaries shall be automatically amended as the City's corresponding CCN boundaries are amended. Sec. 26-218. Determination of service units. (a) The number of service units for both water and wastewater service is determined by the size of the water meter purchased for the property in accordance with the following schedule: METER EQUIVALENCY FACTORS Water Maximum SFE's Meter Capacity per Size (gpm) Meter 5/8" x 3/4" 10 1.0 1" 25 2.5 1-1/2" 50 5.0 2" 80 8.0 3" 160 22.5 4" 250 50.0 (b) (c) The Director of Water Utilities may determine the number of SFE's for water meters of a size of 6", 8", or 10" as prescribed in Section 26-221(d) of this ordinance. The Director may alternatively develop SFE's based upon the use of water data tied to water use equivalency factors outlined in the above-referenced Capital Improvements Plan. If a larger or smaller meter is required solely due to abnormally low or high pressure in the City's main, the Director may adjust the number of service units to reflect more accurately the flow rate and system pressure conditions. Sec. 26-219. Impact fees per service unit. (a) The maximum impact fee per service unit shall be computed by dividing the cost of water and wastewater capital improvements and facilities expansions necessitated by and attributable to new development identified in the impact fee capital improvements plan for each category of capital improvements by the total number of projected service units in the impact fee service area based upon the land use assumptions. DRAFT 031103 MSC (b) The maximum impact fee per service unit for water facilities within the water service area shall be Three Thousand One Hundred Fifty-Five Dollars ($3,155). (c) The maximum impact fee per service unit for wastewater facilities within the Zone 1 wastewater service area shall be One Thousand Seven Hundred Three Dollars ($1,703). (d) The maximum impact fee per service unit for wastewater facilities within the Zone 2 wastewater service area shall be Two Thousand Six Hundred Fourteen Dollars ($2,614). Sec. 26-220. Assessment of impact fees. (a) The approval of any new development within the water or wastewater service areas shall include as a condition of development the assessment of the impact fee applicable to such development. (b) The impact fee per service unit to be assessed within the service area shall be an amount less than or equal to the maximum impact fee per service unit as set forth in Section 26-219 above. (c) Assessment of the water and wastewater impact fees for any new development shall be made as follows: (1) For new development which is submitted for approval pursuant to the City's subdivision regulations following the effective date of this Article, assessment shall be at the time a final plat is recorded and shall be in the amount of the assessed fee per service unit then in effect as set forth in Section 26-219 above. (2) For new development which has received final plat approval prior to the effective date of this Article and for which no re-platting is necessary prior to the issuance of a building permit, assessment shall be made prior to the issuance of a building permit and shall be in the amount of the assessed fee per service unit then in effect as set forth in Section 26-219 above. (3) Following the lapse or expiration of approval for a final plat or re-plat, a new assessment must be performed at the time of recordation of the final plat for a new final plat or re-plat for such development is filed with the City. (4) An application for an amending plat made pursuant to Texas Local Government Code § 212.016, V.T.C.A. and the City of Denton Subdivision Ordinance, and for which no new development is proposed, is not subject to reassessment for an impact fee. Sec. 26-221. Computation of impact fees. DRAFT 031103 MSC (a) The impact fees due for the new development shall be collected at the time of building permit, or, at the time of service connection request, as shall be set forth in Section 26-219; if a building permit is not required, at the time an application is filed for a new connection to the City's water or wastewater system or for an increase in water meter size. (b) Following the filing and acceptance of a written application for building permit, the City shall compute the impact fee due in the following manner: (1) The number of service units shall be determined by the size of the water meter purchased or by evaluation of the Director as herein provided; (2) Service units shall be summed for all meters purchased for the development; (3) Total service units shall be multiplied by the collected fee per service unit for water or wastewater service as established in Section 26-219 above; (4) All applicable offsets, credits or discounts per service unit allowable under this Article for water or wastewater service shall be subtracted from the product derived under the preceding subpart. (c) The amount of impact fee due for new development shall not exceed the amount computed by multiplying the assessed fee for water or wastewater service by the total number of service units generated by the development. The amount of impact fee due for redevelopment shall not exceed the amount computed by multiplying the assessed fee for water or wastewater service by the net increase in service units generated by the redevelopment. In the event that a redevelopment site has not contained an active water or wastewater customer within ten (10) years of the application for a building permit or new or larger water meter, the redevelopment shall be treated the same as a new development. (d) The developer may submit or the Director may require the submission of a study, prepared by a professional engineer, licensed in the State of Texas, clearly indicating the number of water and/or wastewater service units which will be consumed or generated by the new development. The Director will review the information for completeness and conformity with generally accepted engineering practices and will, when satisfied with the completeness and conformity of the study, multiply the number of service units determined by the study times the impact fee per service unit contained in Section 26-219 above to determine the total impact fee to be collected for the development. The Director may also use recent historical water billing records for existing customers to determine water demands and SFE equivalents in accordance with data from the most recent Capital Improvements Plan. (e) Whenever the property owner increases the number of service units for a development, the additional impact fees collected for such new service units shall be determined based DRAFT 031103 MSC (g) (h) (i) on Section 26-219 and applicable offsets, credits, and discounts then in effect and such additional fee shall be assessed and collected at the time the additional meters are purchased. In the event the property owner decreases the number of service units for a development, the property owner shall be entitled to a refund of the impact fee for impact fees actually paid, but only for the amounts represented by the decrease in service units based on the assessed fee and offsets, credits, or discounts applicable at the time the fee was paid. If the building permit for the property on which an impact fee is paid has expired and a new application is thereafter filed for the identical property and the number of service units, the impact fee previously paid satisfies the requirements of this Article. The impact fee shall attach to the property for which the impact fee was paid and shall not be transferable to other properties or service units. No building permit shall be issued if the applicant cannot verify payment of the appropriate impact fee and other applicable fees or if existing facilities do not have actual capacity to provide service to the new connection(s). Sec. 26-222. Collection of impact fees. (a) Except as otherwise provided in this Section the impact fees for the new development shall be collected at the time of building permit, or, at the time of service connection request, as shall be set forth in Section 26-219; if a building permit is not required, at the time an application is filed for a new connection to the City's water or wastewater system or for an increase in water meter size; save and except as provided in Subsection (d) and (e) below; and save and except for impact fees established by contracts with political subdivisions, developer's contracts, or wholesale customers. (b) Except as otherwise provided by contracts with political subdivisions, developer's contracts, or wholesale customers, no building permit shall be issued until all impact fees have been paid to the City. (c) Impact fees shall not be collected for a development where services are not currently available unless the collection is made to pay for a capital improvement or facility expansion that has been identified in the impact fee capital improvements plan and the City commits to commence construction within two (2) years and to have the service available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event longer than five (5) years. Notwithstanding the above restriction on the collection of impact fees, impact fees may be assessed on such development. (d) The owner of an existing single-family homestead housing unit, actually occupying DRAFT 031103 MSC said homestead, may make payments of any water or wastewater impact fee required by the Article in monthly installment over a period of not more than five (5) years from the date payment of the fee is otherwise required by this Article. The owner of said homestead must execute a promissory note, deed of trust, homestead affidavit, or other documents to be prepared by the City Attorney sufficient to establish an enforceable lien on the real property. All such installment payments shall be subject to interest at a rate equal to a twelve-month average of the 5-year Treasury Note. The interest rate on such note shall be adjusted annually, according to the most current twelve-month average. (e) The wastewater impact fee per service unit for Wastewater Zone 1, is to be collected as follows: The first year subsequent to [date of ordinance adoption] $1,437 The second year subsequent to [date] $1,437 The third year subsequent to [date] $1,437 The fourth year subsequent to [date] $1,437 The fifth year subsequent to [date] $1,437 The sixth through tenth years subsequent to [date] $1,703 The wastewater impact fee per service unit for Wastewater Zone 2, is to be collected as follow: The first year subsequent to [date of ordinance adoption] The second year subsequent to [date] The third year subsequent to [date] The fourth year subsequent to [date] The fifth year subsequent to [date] The sixth through tenth years subsequent to [date] $1,437 $1,437 $1,437 $1,893 $1,893 $2,614 Sec. 26-223. Offsets and credits. (a) The City shall offset the reasonable value of any area-related facilities, identified in the impact fee capital improvements plan and constructed pursuant to an agreement with the City, which are dedicated to and received by the City on or after the effective date of this ordinance, against the amount of the impact fee due for that category of capital improvement. No offsets or credits shall be provided for required over-sizing of water and wastewater lines or lift stations not identified in the capital improvements plan or for pro-rata payments to repay other developers for such over-sizing pursuant to Chapter 35- Development Code; and Subchapter 21-Water & Wastewater Standards. (b) The City shall offset or credit any new development that occurs subsequent to the effective date of this Article, any amount of capital recovery fees which have been collected by the City pursuant to duly adopted ordinances and any impact fees collected by the City pursuant to this Article. DRAFT 031103 MSC (c) All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this Article and additional standards promulgated by the City, which may be adopted as administrative guidelines. No offset or credit shall be given for the dedication or construction of site-related facilities. (2) No offset or credit shall exceed the impact fee to be collected from new development as established in Section 26-219. (3) The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the impact fee capital improvements plan for the category of facility within the service area for which the impact fee is imposed. (4) If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of the acquisition of the first building permit issued or connection made after the effective date of this ordinance or within such period as may be otherwise designated by contract, such offset or credit shall lapse. (5) In no event will the City reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this Article or for any amount exceeding the total impact fees collected or due for the development for that category of capital improvement, unless otherwise agreed to by the City. Sec. 26-224. Establishment of accounts. (a) The City's Department of Finance shall establish separate interest-bearing accounts clearly identifying the category of capital improvement (i.e. water facilities and wastewater facilities) within the service area for which the impact fee is collected. (b) Interest earned by each account shall be credited to the account on which it is earned and shall be used solely for the purposes specified for impact fees as authorized herein. (c) The City's Department of Finance shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in this Article. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Article; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account. (d) The City's Department of Finance shall maintain and keep adequate financial records for 10 DRAFT 031103 MSC each such account, which shall show the source and disbursement of all revenues, which shall account for all monies received, the number of service units for which the monies are received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of projects specified in the impact fee capital improvements plan as area-related capital projects. The City's Department of Finance shall also maintain such records as are necessary to ensure that refunds are appropriately made in accordance with this Article. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The City may establish a fee for copying services. Sec. 26-225. Use of proceeds of impact fee accounts. (a) The impact fee collected pursuant to this Article may be used to finance or to recoup capital construction costs for water and wastewater facilities identified in the impact fee capital improvements plan and for any purpose authorized in Texas Local Government Code, Chapter 395, V.T.C.A. as amended. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facilities expansions. (b) Impact fees collected pursuant to this Article shall not be used to pay for any of the following expenses: Construction, acquisition, or expansion of capital improvements or assets other than those identified for the water and wastewater utility in the impact fee capital improvements plan; (2) Repair, operation, or maintenance of existing or new capital improvements or facilities expansions; (3) Upgrading, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; (4) Upgrading, expanding, or replacing existing capital improvements to serve existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or (5) Administrative and operating costs of the City. Sec. 26-226. Appeals. (a) The property owner or applicant for new development may appeal the following 11 DRAFT 031103 MSC (b) (c) decisions to the City Council: (a) the applicability of an impact fee to the new development; (b) the method of calculating the amount of the impact fee due; (c) the availability or the amount of an offset, credit or rebate; (d) the application of an offset or credit against an impact fee due; or (e) the amount of a refund due, if any. The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the offset, credit or rebate was not calculated according to the provisions of this Article. The appellant must file a notice of appeal with the City Secretary within thirty (30) days following the determination of the amount of the impact fees to be paid by the development. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending. Sec. 26-227. Refunds. (a) Any impact fee or portion thereof collected pursuant to this Article which has not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Vernon's Ann. Civil Statutes, Title 79, Art. 1C.002, or any successor statute. (b) Upon the request of an owner of the property on which an impact fee has been paid, the City shall refund such fees if: (1) Existing service is available and service is denied; or (2) Service was not available when the fee was collected and the City has failed to commence construction of facilities to provide service within two (2) years of fee payment; or (3) Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in any event no later than five (5) years from the date of the payment. (c) The City shall refund an appropriate proportion of impact fee payments in the event that a previously purchased but uninstalled water meter for which the impact fee has been paid is replaced with a smaller meter, based on the service unit differential of the two (2) meter sizes and the fee per service unit at the time of the original fee payment. 12 DRAFT 031103 MSC (d) A petition for refund under this section shall be submitted to the Director on a form provided by the City for such purpose. Within one (1) month of the date of receipt of a petition for refund, the Director must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Director shall notify the Assistant City Manager of Finance and request that a refund payment be made to the petitioner. Sec. 26-228. Update of plan and revision of fees. The City shall review the land use assumptions and impact fee capital improvements plan for water and wastewater facilities at least every five (5) years, with the first five-year period to commence from the date of adoption of the impact fee capital improvements plan referenced herein. The City Council shall accordingly make a determination of whether changes to the land use assumptions, impact fee capital improvements plan or impact fees are needed and shall, in accordance with the procedures set forth in Texas Local Government Code Chapter 395, or any successor statute, either update the fees or make a determination that no update is necessary. Sec. 26-229. Agreement for capital improvements. An owner of a new development may construct or finance a capital improvement or facility expansion designated in the impact fee capital improvements plan, if required or authorized by the City, by entering into an agreement with the City prior to the issuance of any building permit for the development. The agreement shall be on a form approved by the City and shall identify the estimated cost of the improvement or expansion, the schedule for initiation and completion of the improvement or expansion, a requirement that the improvement be designed and completed to City standards and such other terms and conditions as deemed necessary by the City. The agreement shall provide for the method to be used to determine the amount of the offset to be given against the impact fees due for the development or any reimbursement to the owner for construction of the facility. Sec. 26-230. Use of other financing mechanisms. (a) In addition to the use of impact fees, the City may finance water and wastewater capital improvements or facilities expansions designated in the impact fee capital improvements plan through the issuance of bonds, through the formation of public improvements districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law. (b) Except as otherwise provided herein, the assessment and collection of a impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. (c) The City may pay all or part of impact fees due for a new development taking into 13 DRAFT 031103 MSC account available offsets and credits pursuant to duly adopted criteria. Sec. 26-231. Conflicting ordinances. All ordinances or parts of ordinances that are in force when the provisions of this ordinance become effective, which are inconsistent or in conflict with the terms or provisions contained in this ordinance, are hereby repealed to the extent of the conflict. Sec. 26-232. Reserved. SECTION 4. That any person violating any provision of this Ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstances is held invalid by any court of competem jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Demon, Texas hereby declares it would have enacted such remaining portions, despite any such invalidity. SECTION 6. That this Ordinance shall repeal any conflicting ordinances and resolutions to the contrary; it being the intention of the City Council to fully amend all provisions of Chapter 26 of the City of Denton, Texas Code of Ordinances dealing with Impact Fees. SECTION 7. That this Ordinance shall become effective fourteen (14) days 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 Demon, Demon County, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: 14 DRAFT 031103 MSC HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Ordinances\03\2003 Denton Amended Impact Fee Ordinance - WWW Draft #4 031103 CM.doc 15 2OO3-2013 CAPITAL IMPROVEMENTS PLAN FOR WATER AND WASTEWATER IMPACT FEES DENTON, TEXAS duncan associates February 2003 EXHIBIT II INTRODUCTION ............................................................... 1 Legal Frame~vork ........................................................... 1 Gro~vth Context ........................................................... 2 Land Use Assumptions ...................................................... 2 Service Areas .............................................................. 3 Service Units .............................................................. 6 WATER ........................................................................ 7 Service Units .............................................................. 7 Demand Projections ........................................................ 8 Water Treatment .......................................................... 10 Water Supply ............................................................. 11 Cost per Service Unit ...................................................... 12 Net Cost per Service Unit ................................................... 14 Net Cost Schedule ......................................................... 15 WASTEWATER ................................................................ 18 Service Units ............................................................. 18 Treatment Plants .......................................................... 22 Lift Stations and Force Mains ................................................ 23 Interceptors .............................................................. 23 Cost per Service Unit ...................................................... 24 Net Cost per Service Unit ................................................... 26 Net Cost Schedule ......................................................... 27 APPENDIX: TEXAS IMPACT FEE ENABLING ACT ............................... 29 LIST OF TABLES Table 1: Table 2: Table 3: Table 4: Table 5: Table 6: Table 7: Table 8: Table 9: Table 10: Table 11: Table 12: Table 13: Table 14: Table 15: Table 16: POPULATION GROWTH, 1970-2002 .................................. 2 METER EQUIVALENCY FACTORS .................................. 6 WATER SERVICE UNITS, 2002 ....................................... 7 WATER SERVICE UNITS, 2003-2013 .................................. 8 AVERAGE DAILY WATER PRODUCTION, 1988-2001 .................. 9 PEAK DAY WATER DEMAND, 1988-2001 ............................. 9 AVERAGE AND PEAK RETAIL WATER DEMAND, 2003-2013 ......... 10 ELIGIBLE PERCENT OF RAY ROBERTS PLANT COST ............... 11 ELIGIBLE PERCENT OF LAKE RAY ROBERTS COST ................ 12 LAKE RAY ROBERTS COST ........................................ 12 WATER COST PER SERVICE UNIT, 2003-2013 ........................ 13 WATER DEBT SERVICE CREDIT ................................... 14 WATER NET COST PER SERVICE UNIT ............................. 15 WATER NET COST SCHEDULE .................................... 16 COMPARATIVE WATER FEES ..................................... 16 COMPARATIVE WATER IMPACT FEE REVENUES, 2003-2013 ......... 17 Table 17: Table 18: Table 19: Table 20: Table 21: Table 22: Table 23: Table 24: Table 25: Table 26: Table 27: Table 28: Table 29: Table 30: Table 31: Table 32: Table 33: WASTEWATER SERVICE UNITS, 2002 ............................... 18 PER CAPITA WASTEWATER DEMAND ............................. 19 AVERAGE DEMAND PER SERVICE UNIT .......................... 20 WASTEWATER SERVICE UNITS, PECAN CREEK, 2003-2013 ........... 20 WASTEWATER SERVICE UNITS, HICKORY CREEK, 2003-2013 ........ 21 WASTEWATER SERVICE UNITS, CLEAR CREEK, 2003-2013 ........... 21 WASTEWATER DEMAND AND SERVICE UNIT SUMMARY, 2003-2013 . . 22 TREATMENT PLANT DEMAND AND CAPACITY, 2003 ............... 22 WASTEWATER CAPITAL COSTS, PECAN CREEK, 2003-2013 ........... 24 WASTEWATER CAPITAL COSTS, HICKORY CREEK, 2003-2013 ........ 25 WASTEWATER CAPITAL COSTS, CLEAR CREEK, 2003-2013 ........... 25 WASTEWATER COST PER SERVICE UNIT, 2003-2013 ................. 26 WASTEWATER DEBT SERVICE CREDIT ............................ 26 WASTEWATER NET COST PER SERVICE UNIT ...................... 27 WASTEWATER NET COST SCHEDULE ............................. 27 COMPARATIVE WASTEWATER FEES ............................... 28 COMPARATIVE WASTEWATER REVENUES, 2003-2013 ............... 28 LIST OF FIGURES Figure 1: Figure 2: Figure 3: Figure 4: Figure 5: Figure 6: Figure 7: DENTON POPULATION GROWTH .................................. 2 WATER AND WASTEWATER CCNs .................................. 4 HICKORY CREEK DRAINAGE BASIN ............................... 5 CLEAR CREEK DRAINAGE BASIN .................................. 5 TREATMENT CAPACITY AND DEMAND ........................... 10 WATER SUPPLY AND DEMAND ................................... 11 WASTEWATER DEMAND AND CAPACITY .......................... 22 I NTRO DUCTI ON The City of Denton adopted ~vater and ~vaste~vater impact fees in 1998.~ The current fees only cover the cost of centralized facilities, and exclude line costs. This study updates the ~vater and ~vaste~vater impact fees, and adds the cost of~vater transmission lines and server interceptors. It also includes interest costs, ~vhich are digible for impact fee funding under state la,v, but ~vere not included in the original impact fee study. Finally, it develops options for possibly dividing the ~vaste~vater service area into t~vo or three impact fee service areas. LEGAL FRAMEWORK Impact fees in Texas must be developed in accordance ~vith Chapter 395 of the Texas Local Government Code. The state la~v lays out very specific requirements for the technical development of these fees as ~vell as the procedures necessary for enactment of such fee programs. The Texas legislature made some significant amendments to Chapter 395 in 2001.2 The revised statute, highlighting the changes, is included in the Appendix. The major change ~vas on the issue of revenue credits. Credits against the impact fees for other taxes or fees that ~vould be paid by ne~v development and used for capital improvements of the same facility type as the impact fee are no~v required. As an alternative to performing a revenue credit calculation, cities can simply reduce the impact fees by fifty percent. Another change ~vas to increase the time betxveen mandatory updates from three to five years. The requirement that the fees be recalculated after the Capital Improvements Plan is completed based on actual costs and any overcharge fees refunded if the recalculated fees exceeded the fees being charged by more than ten percent ~vas eliminated. Finally, the number of public hearings required before impact fees could be updated ~vas reduced from txvo to one (txvo are still required for initial adoption). Revised impact fees based on this study ~vill not apply to lots platted ~vhile the current fee schedule ~vas in place. Chapter 395 states that the impact fee schedule that is in effect at the time a lot is platted is the one that applies to the property, regardless of ~vhen development occurs. This occurs through a process called "assessment." Assessment must occur at the time of plat recording, or, for property already platted or not required to be platted, at the time of development approval or building permit, ~vhichever occurs first. The statute makes clear that no action by the local government is required for assessment to occur. Essentially, impact fee assessment locks in the fee schedule in place at the time assessment occurs. Any subsequent revision to the impact fee schedules does not affect the impact fees o~ved for the development. ~ Ordinance 98-301, adopted on September 15, 1998, ~vas based on Duncan Associates, et. al., Cap/ta/ Improvements Plan for ICa/er and Icaste,xater Impact tTees, Ma)- 1998. 2 Senate Bill 247 xvas signed by the governor on May 26, 2001 and became effective on September 1, 2001. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #ltalFT, Page 1 G RO~afTH CONTEXT Impact fees are most appropriate for communities experiencing rapid gro~vth. Denton has experienced significant gro~vth in recent years. The City's population has gro~vn by about t~vo percent annually since 1970. Denton Count7 has gro~vn significantly faster than the state average, and ~vas the fourth fastest grooving count7 in Texas during the last year. The City's gro~vth has matched the very rapid gro~vth of the count7 since the year 2000. Table ! POPULATION GROWTH, 1970-2002 City of Denton State of Denton County Texas !980 Population (Census, 4/!/80) 48,063 143,!26 !4,229,!9! 2000 POPU!atios (Cessus, 4/!/00) 80,537 q32~976 20~85!~820 ~ G~6~ ~ i9~08019 Annual Growth Rate, 1980-90 3.3% 6.7% 1.8% o o ~i G~E ~ 99000 ~0Yo ;~ Annual Growth Rate, 2000-02 6.1% 5.9% 1.8% Source: Texas State Data Center (growth rates are compounded). LAND USE ASSUMPTIONS "Land Use Assumptions" is the term used in Chapter 395 to refer to gro~vth projections. It is defined as a "description of the service area and projections of changes in land uses, densities, intensifies and population in the service area over at least a 10-year period." The purpose of the Land Use Assumptions is to project the demand for capital improvements that ~vill be needed to serve anticipated gro~vth. The Land Use Assumptions must cover at least a 10-year period. The Capital Improvements Plan on ~vhich the impact fees are calculated must contain the projected demand for capital facilities required over a period not to exceed ten years. Since the t~vo must be compatible, both the Land Use Assumptions and the Capital Improvements Plan should cover a 10-year period. Figure ! DENTON POPULATION GROWTH !00 75,000 50.000 25,000 0 197~ !980 !990 200'0 A document meeting the above requirements ~vas completed by City planning staff in December 2002. The report contains 2003-2013 projections for population, &veiling units, nonresidential square footage, residential densities and nonresidential intensifies for the City's ~vater and ~vaste~vater service areas. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #lbtFl', Page 2 SERVICE AREAS Chapter 395 lays do~vn a number of requirements regarding service areas. The Land Use Assumptions must be prepared for each service area. The Capital Improvements Plan, in turn, must include a description of the capital improvements and costs for each service area, based on the approved Land Use Assumptions. Finally, impact fees collected from development ~vithin a service area must be spent ~vith the same service area. The Texas impact fee enabling act, in Sec. 395.001(9), defines "service area" as: area wi/h/n /he co~ora/e bo,ndaries or ex/ra/erd/oria/jmisd/c//on.., of/hero/i/ica/s,bdi~is/o,/o se~ed 0/he ca, l/al /~ro~e~e,/s or fa~////es e~ans/o,s Oe~ed /, the ca, l/al poll/leal s,bd/~/s/o, or//~ The City has considerable discretion in the designation of service areas ~vithin its jurisdiction. As a general rule, the fe~ver the number of service areas, the better. Since funds collected from a service area must be spent ~vithin the same service area, the creation of a large number of small service areas ~vill restrict the flexibility of spending impact fee revenues and may make it difficult accumulate sufficient funds in some service areas ~vithin the five years allo~ved by la~v to spend them. The state statute specifically authorizes "system~vide" land use assumptions for ~vater and ~vaste~vater facilities. A Certificate of Convenience and Necessity (CCN) must be approved by the Texas Commission on Environmental Quality (formerly the Texas Natural Resources Conservation Commission) before services ma), be provided to properties ~vithin the designated area. The City's ~vater and ~vaste~vater CCNs include all of the area ~vithin the City of Denton, plus different areas of the City's Extra-Territorial Jurisdiction (ETJ). The ~vaste~vater service area includes all of the area ~vithin the water service area, plus two additional areas that are in the City's wastewater CCN but not in its water CCN. The ~vater and ~vaste~vater CCNs are illustrated in Figure 2. The service areas are required to be delineated in the Land Use Assumptions. The Land Use Assumptions identify the City's ~vater CCN as the service area for ~vater impact fees. The City's ~vaste~vater CCN ma), designated as a single service area, or it ma), be divided into t~vo or three service areas. The three potential service areas are the Pecan Creek, Hickory Creek and Clear Creek drainage basins. The Hickory Creek drainage basin is sho~vn in Figure 3, and the Clear Creek drainage basin is sho~vn in Figure 4. The remainder of the City's ~vaste~vater CCN comprises the Pecan Creek drainage basin. This report ~vill calculate ~vaste~vater fees under three service area options: (1) a single service area encompassing the Pecan Creek, Hickory Creek and Clear Creek basins; (2) t~vo service areas: Pecan/Hickory and Clear Creek; and (3) three service areas: Pecan Creek, Hickory Creek and Clear Creek. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #I~.FT, Page 3 Figure 2 WATER AND WASTEWATER CONs LEGEND: ~ Ci~ Limits CCN B OUl~[¥: sewer only [~1 water& sewer DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #I~.FI', Page 4 Figure 3 HTCKORY CREEK DRATNAGE BASTN Figure 4 CLEAR CREEK DRATNAGE BASTN DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IIlI~.FT, Page 5 SERVICE UNITS To calculate impact fees in accordance with Chapter 395, the groxvth in demand for capital facilities over the planning horizon must be expressed in "service units," which are defined in Sec. 395.001 (10) as: ...a standardized meas/~m of cons/~mption, /~se, generation, or discha~e a//rib/~tab/e to an individ/~al //nit (development ca/c/dated in accordance zv/th general[y accepted engineering orplanning standards for a pattic/dar catego~7 (capital improvements or facility expansions. Service units for xvater and xvastexvater impact fees are tTpically based upon the capacit7 attributable to xvater meters in the utilit7 system. The reason for this is that xvater meters are physical elements that are under the control of the utility and that limit the maximum demand of various users. The current service unit for Denton's xvater and xvastexvater impact fees is the "single-family equivalent" (SFE), xvhich is based on the size of the xvater meter. An SFE is the xvater or xvastexvater demand associated xvith the smallest xvater meter used in the system (3/4"), xvhich is the meter typically used by a single-family residence. The ratio of each larger meter's capacity to the capacity of the base meter determines the SFE multiplier applied to each larger size meter. The City's current xvater impact fees are based on meter capacities from the American Water Works Association. In the opinion of the City's water division staff, the capacities as rated by the manufacturer that supplies the City's meters are more accurate for larger meters, and will be used in this study. Current and proposed service units per meter are compared in Table 2. Table 2 METER EQUIVALENCY FACTORS Current Factors Proposed Factors Capacity SFEs/ Capacity SFEs/ Meter Size (gpm) Meter (gpm) Meter 3/4" 10 1.0 10 1.0 ~ 5 2: 5 1-1/2" 50 5.0 50 5.0 80 808080 3" 160 16.0 225 22.5 2 ~Si 6" 500 50.0 1,000 100.0 800 8002000 2000 10" 1,150 115.0 3,250 325.0 Source: Current capacities are maximum continuous duty flow rates in gallons per minute for simple and compound meters from American Water Works Association, AWWA Standards C700, C701, C702, C703', proposed capacities are average normal operating capacities for T-10 residential meters and Tru/flo compound commercial meters from the Neptune Technology Group. DENTON, TEXAS\2003-2013 Capital Improvements Plan February 17, 2003 IUI~IFI', Page 6 WATER The City's current ~vater impact fees, adopted in 1998, cover only the costs of ~vater supply and treatment. This smd), updates the fees and adds the costs of water transmission mains. It also adds the interest costs associated ~vith funding capital projects through revenue bonds. SERVICE UNITS As discussed in the introduction, the current service unit for Denton's ~vater impact fees is the "single-family equivalent" (SFE), ~vhich is based on the size of the ~vater meter. The number of service units associated ~vith meters of different sizes ~vas calculated earlier. Multiplying the number of existing connections ~vith each meter size by the service units per meter yields total service units for that meter size. Summing for all meter sizes yields the total number of water service units connected to the City's water system, as shown in Table 3. Wholesale customers have been excluded from these calculations because they are located outside the water service area. Table 3 WATER SERVTCE UNTTS, 2002 Existing SFEs/ Meter Size Connections Meter SFEs 1" 999 2.5 2,498 ~305;0 2" 1,149 8.0 9,192 4" 67 50.0 3,350 800 8" 4 200.0 800 5;0 3 Total 23,959 43,305 Source: Number of active non-wholesale water connections by meter size from the City of Denton, October 2002', SFEs per meter from Table 2. The gro~vth in ~vater service units over the 2003-2013 planning period is derived from the Land Use Assumptions. Total population in the ~vater service area from the Land Use Assumptions is multiplied by the estimated percent of households that are connected to the Denton ~vater system to derive an estimate of the population sewed by the ~vater system. The sewed population in 2002 is divided by the current number of service units from the previous table to determine the population per service unit. Using this ratio, the estimated number of service units are estimated for each year through 2013 in Table 4. I~ENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IIII),FI', Page 7 Table 4 WATER SERVTCE UNTTS, 2003-2013 Fiscal Total Percent Served Pop./ Year Population Served Population SFE SFEs 2004 99,533 94.56% 94,118 1.97 47,776 l0 5!0 9 56 98i8 97 65 2006 109,736 96.00% 105,347 1.97 53,476 ~ 5 2~ 96; 0i6 ~ 3 ~;97 56i ~ ~9 2008 120,983 97.00% 117,354 1.97 59,571 2010 133,384 97.00% 129,382 1.97 65,676 ~0 05 9~08 ~35;85 9~ 68;960 2012 147,056 97.00% 142,644 1.97 72,408 o New SFEs, 2003-2013 30,528 Source: Total population for water service area from City of Denton, Land Use Assumptions, December 4, 2002', percent served from City of Denton Municipal Utilities', population per SFE is 2002 served population divided by 2002 SFEs from Table 2. DEMAND PROJ ECTIOhlf~ T~vo types of~vater demand are relevant for ~vater impact fees. Water treatment systems are sized to accommodate peak day demand requirements. Water supply facilities are required only to accommodate average daily demand. Average daily per capita ~vater demand can be determined based on historic system-~vide demand in millions of gallons per day (mgd) and historic service area population. These per capita estimates represent both residential and nonresidential demand, and are useful for projecting future system requirements, particularly ~vhen no significant shifts of land use ratios are expected. Average daily per capita demands over the last 14 years are presented in the folloxving Table 5. These data shoxv that xvater demand for retail customers has averaged 167 gallons per capita per day (gpcd). The data also indicate that there is relatively little xvater lost in the process, xvith the raxv xvater used exceeding finished xvater produced by an average of only 5.1 percent. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #IU~,FI', Page 8 Table 5 AVERAGE DATLY WATER PRODUCTTON, 1988-2001 Water Production (mgd) Ratio of Retail Fiscal Whole- Total Total Raw to Served Demand Year Retail sale Finished Other Raw Finished Population (~lpcd) 1988 11.31 0.86 12.17 0.39 12.56 1.032 64,184 176 1990 11.28 0.93 12.21 0.33 12.54 1.027 64,817 174 1992 9.83 0.95 10.78 0.53 11.31 1.049 65,435 150 1994 10.23 1.10 11.33 0.68 12.01 1.060 67,145 152 1996 11.95 1.59 13.54 0.96 14.50 1.071 68,905 173 1998 13.22 0.93 14.15 0.76 14.91 1.054 71,448 185 2000 14.54 0.22 14.76 0.71 15.47 1.048 78,919 184 Average 1.051 167 Source: City of Denton Municipal Utilities. Peak day demand over the last 14 years is compared to average daily demand in Table 6. These data indicate that peak day demand in Denton's ~vater system averages 1.9 times average day demand. Table 6 PEAK DAY WATER DEMAND, 1988-2001 Peak Day Average Fiscal Demand Demand Year (m~ld) (m~ld) Ratio 1989 20.72 10.98 1.9 1991 23.47 11.75 2.0 ~992 ~ ~0i78 8 1993 24.24 11.69 2.1 ~ ~ 33 s 1995 22.75 11.93 1.9 1997 24.76 12.79 1.9 1999 26.20 13.07 2.0 2000 2~ 5 ~ ~; 9 2001 26.48 13.61 1.9 Source: City of Denton Municipal Utilities; figures represent total finished water production. DENTON, TEXAS\2003-2013 Capital Improvements Plan February 17, 2003 IIII~IFI', Page 9 Based on these historical factors, average and peak day ~vater demand from retail customers is projected for the 2003-2013 planning period in Table 7. Table 7 AVERAGE AND PEAK RETAIL WATER DEMAND, 2003-2013 Avg. Reta il Ratio Raw Ratio Pea k Fiscal Served Demand Demand of Raw to Water of Peak to Day Year Population (gpcd) (mgd) Finished (mgd) Average (mgd) ! 05 573 2004 94,118 167 15.72 1.051 16.52 1.90 29.87 98 8~ 1 05 I ~ 5 2006 105,347 167 17.59 1.051 18.49 1.90 33.42 0;6 !33 !8; 05 9;~ 903509 2008 117,354 167 19.60 1.051 20.60 1.90 37.24 2010 129,382 167 21.61 1.051 22.71 1.90 41.06 20 135~85 ! 2 0512385 1 ~3 2012 142,644 167 23.82 1.051 25.03 1.90 45.26 New Demand, 2003-2013 10.04 10.56 19.08 Source: Served population from Table 4; average day per capita demand and ratio of raw to finished water production from Table 5', ratio of peak day to average day finished water production from Table 6', raw water and peak day demand exclude demand due to wholesale customers. WATER TREATMENT Water treatment facilities are sized to accommodate peak da), demands. The maximum daily capacity of the Spencer Road ~vater treatment plant is 28.9 mgd. The City recently completed construction of a new water treatment plant near Lake Ray Roberts. The Ray Roberts plant has a peak capacity of 20 mgd. The City had originally planned to construct the facility in t~vo 10-mgd phases, but subsequently determined that it was more cost-effective to construct the full 20-mgd plant. As summarized in Table 8, current retail demand plus ~vholesale ~vater sales almost exactly equals the capacity of the old Spencer Road plant. Ne~v development over the next ten ),ears will consume virtually all of the capacity added by the construction of the ne~v 20-mgd Ray Roberts plant. Figure 5 TREATMENT CAPACITY AND DEMAND 40 35 3O 25 20 15 !0 5 0 1988 Capacity 1993 1~8 20~ 200~ 2013 DENTON, TEXAS\2003-2013 Capital Improvements Plan February 17, 2003 IUI~IFI', Page 10 Table 8 ELI'GI'BLE PERCENT OF RAY ROBERTS PLANT COST Retail Peak Day Demand (mgd), 2003 28.40 Total Current Demand (mgd) 28.90 ExistiqgCapa~iWAvai!able(mgd) 0~00 New Retail Peak Day Demand (mgd), 2003-2013 19.08 Percent Needed for Growth, 2003-2013 95.40% Source: 2003 retail peak day demand and 2003-2013 new retail peak day demand from Table 7; 2003 wholesale peak day demand and plant capacities from City of Denton Municipal Utilities. In addition to constructing the plant in one phase, other changes ~vere made from the preliminary plans for the Lake Ray Roberts plant. In particular, the planned Hardee Field Road booster pump station and ground storage facilities ~vere incorporated into the redesigned plant. Thus, ~vhile these capital improvements no longer appear as separate listings in the ~vater impact fee capital improvements plan, their functional equivalents are still there. V~'ATE R SUPPLY The City's ~vater supply comes primarily from ~vater rights in Lake Le~visville and Lake Ray Roberts. The Le~visville Reservoir ~vas constructed by the U.S. Corps of Engineers to hold a total of 436,000 acre-feet of conservation storage, of ~vhich the City holds the right to 21,000 acre-feet of storage. Based on a safe yield of 90.2 mgd, the City receives 4.34 mgd in ~vater rights from Lake Le~visville. Most of the City's remaining ~vater needs are supplied by Lake Ray Roberts. The reservoir ~vas constructed by the U.S. Corps of Engineers, ~vith the cities of Denton and Dallas being the local sponsors and responsible (26% and 74% respectively) for repaying 50 percent of the total Fi gu re 6 cost. The City has ~vater rights of 19.8 mgd WATER SUPPLY AND DEIqAND from this lake. 30 Additional ~vater supply capacit7 comes in the form of credits for the portion of the Cit3/s ~vaste~vater that is returned to these ~vater bodies, as ~vell as contract rights ~vith the City of Dallas. The CitT's contract with Dallas reserves a minimum of 0.50 mgd, regardless of~vhether the Cit7 needs it, and the Cit7 also has the right to purchase additional ~vater as needed. The Cit3/s ~vater supply is summarized in Table 9. After subtracting the Cit3/s current total average demand, including both retail and ~vholesale needs as well as lost and unaccounted for water, the Cit7 still has about 9.4 mgd available for Exi¢ing $ up p ~ {25.33 mgcl~ Projected !'988 !993 1~8 2003 DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #lb~.Fl', Page 11 gro~vth. Projected gro~vth over the planning period ~vill consume all of this capacity and more, meaning that additional ~vater ~vill need to be purchased from the City of Dallas. Nevertheless, the City can recover the costs of the 47 percent of Lake Ray Roberts capacity that is currently available but ~vill be consumed by ne~v customers over the planning period. Table 9 ELIGIBLE PERCENT OF LAKE RAY ROBERTS COST Lake Ray Roberts Capacity (mgd) 19.76 Effluent Return Credits (mgd) 0.73 Total Water Supply Capacity (mgd), 2003 25.33 Available Water Supply Capacity (mgd) 9.35 Percent of Avm~lmble Supply Cmpmdty Needed, 2003-2013 100.00% Source: 2003 capacity from City of Denton Municipal Utilities', 2003 total average day demand is retail raw water demand from Table 7 plus 0.25 mgd wholesale demand from City of Denton Municipal Utilities', 2003-2013 needed capacity from Table 7. The original 1986 cost to the City for its participation in the construction of Lake Ray Roberts ~vas $70 million. In today's dollars, the cost of the City's share is $107 million, as summarized in Table 10. Table 10 LAKE RAY ROBERTS COST Source: Original cost from Denton Municipal Utilities, January 15, 2003', cost inflation factor based on Engineering News-Record Construction Cost Index for January 2003. CO~T PER SERVICE UNIT Capital improvements identified in the City's ~vater master plan and by City staff as necessary to accommodate growth over the next ten years are summarized in Table 11. The portions of the costs of the Ray Roberts treatment plant, the Lake Ray Roberts reservoir and the main transmission line from the Ray Roberts treatment plant that is attributable to gro~vth over the planning period are based on the capacity of the facilities and the ne~v demand generated by the anticipated gro~vth over the period. For pump stations, water storage tanks and other transmission lines, the portions of the costs attributable to gro~vth are based on the year that the facility is anticipated to be put into service. For these facilities, the simplifying assumptions are made that they ~vill accommodate 20 years of gro~vth and that growth ~vill be linear. In general these are conservative assumptions, and they affect only 12 percent of the total directly attributable costs. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #II),FI', Page 12 In addition to those costs directly attributable to groxvth, there are the interest costs associated xvith funding capital improvements xvith revenue bonds or other forms of debt. The Cit7 traditionally funds all of its major xvater system capital improvements xvith bonds, and consequently incurs interest costs. According to state laxv, these interest costs can be recovered through impact fees. Interest costs are estimated based on the most recent City of Denton utility bond issue. The final step in determining the cost per service unit is to divide the total capital cost attributable to gro~vth over the next ten years by the anticipated gro~vth in service units over the same time period. The result is a cost of $5,450 per ne~v single-family or equivalent customer, as sho~vn in Table 11. Table 1! WATER COST PER SERVICE UNIT, 2003-2013 Year in Attribu- Total Attributable Improvement Service table % Cost Cost Lake Ray Roberts (City Share) 1989 47.32% $106,677,808 $50,479,939 Hartlee Field Road Booster Pump Station Tie-in~ n/a n/a n/a n/a Southwest Booster Pump Station (3.7 mgd) 2003 50.00% $3,480,000 $1,740,000 o Northwest Elevated Storage Tank (1.0 mg) 2003 50.00% $1,890,000 $945,000 Robson Ranch Elevated Storage Tank (1,0 rog) 2006 35,00% $1,140,000 $399,000 Main Transmission Line From Ray Roberts WTP 2003 40,00% $6,610,000 $2,644,000 o Loop 288 Water Line - Sherman to UNT 2003 50.00% $2,890,000 $1,445,000 North - South ~ater Line Phase I 2003 50.00% $1,600,000 $800,000 N S~ ~ ~i~ ~ 500% ~ s soooo ooo Roselawn Water Line 2004 45.00% $1,310,000 $589,500 North - South ~ater Line Phase IV 2007 30.00% ~2~140~000 ~642~000 o Total Direct Attributable Cost ~104~631~219 Total Attributable Cost $166,363,638 Cost per Service Unit $5,450 Notes: (1) incorporated into the high service pump station at the Ray Roberts WTP and no longer required', (2) replaced by the Roselawn Elevated Tank. Source: Alan Plummet Associates, "Water Improvement Costs Applicable to Impact Fees," December 4, 2002', cost of Lake Ray Roberts from Table 10', attributable percent of Ray Roberts WTP cost from Table 8', attributable percent of Lake Ray Roberts cost from Table 9', attributable percent of main transmission line from Ray Roberts WTP based on 2003-2013 share of ultimate 50 mgd capacity', attributable percent of other improvements based on year placed in service (years remaining in 2003-2013 period divided by 20 years)', interest cost based on interest rates of Series 2002A Utility System Revenue Bonds. DiNTON, TEXAS\2003-2013 Capital Improvements Plan February 17, 2003 I~11~11,!', Page 13 I~ET COST PER SERVICE UI~IT Ne~v ~vater customers ~vill help pay off outstanding debt incurred for existing facilities through their monthly rates. To avoid requiring ne~v customers to pay t~vice for capital facilities, once through impact fees and again through rate payments, the impact fees should be reduced to account for debt service payments. In this section, a debt service credit per service unit is calculated for outstanding debt on existing ~vater facilities. The methodology used ~vas to divide each year's debt service payment by the projected number of service units in that year to determine an annual credit per service unit. The net present value of the future stream of debt service payments is the debt service credit per service unit. Table 12 WATER DEBT SERVICE CREDIT Fiscal Debt Service Water Credit/ Year Payment SFEs SFE 2004 11,728,618 47,776 $245 2006 11,701,141 53,476 $219 2008 11,573,781 59,571 $194 2010 11,606,831 65,676 $177 2012 10,983,309 72,408 $152 2014 11,332,939 79,602 $142 S7 8 ~ 2016 11,272,175 86,761 $130 2018 11,164,438 93,931 $119 2020 11,192,882 101,107 $111 2022 7,777,2g~ Z08,727 $72 202~ 5,296,228 Z Z6,g22 $~5 2026 2,7~5,03Z Z25,73~ $22 2028 2,7~,666 Z35,2ZO $20 2030 2,748,675 145,401 $19 Net Present Value $2,295 Source: Water system debt service payment from City of Denton Municipal Utilities', water SFEs for 2003-2013 from Table 4', water SFEs for succeeding years based on percent growth from 2002 water system forecast', net present value based on 4.8% discount rate, which is the average interest rate on 20-year AAA municipal bonds cited on bloomberg.com, bondsonline.com and fmsbonds.com on January 30, 2003. DENTON, TEXAS\2003-2013 Capital Improvements Plan February 17, 2003 #IbC. Fl', Page 14 The revenue credits calculated above ~vere done using the same philosophy and methodology set forth in the original 1998 impact fee study. At that time, the state impact fee enabling act made no mention of revenue credits. The revisions to Chapter 395 made by the Texas legislature in 2001 no~v prescribe the follo~ving alternatives for addressing revenue credits in 395.014(0(7): /,/he a//er, a//ve, a cre#// eqz/a/ /o ffO perce,/ of /he /o/a/projec/e# cos/ Note that the credits calculated above differ in certain respects from the literal reading of the state laxv. Most significantly, the credit has been calculated for outstanding debt for existing facilities, rather than for future debt that xvill be issued to implement the projects in the capital improvements plan. It xvould make little sense to calculate a credit for the improvements in the capital improvements plan, since nexv development xvill be paying for such costs through impact fees, and at least in theory no rate revenues should be needed to fund such improvements. On the other hand, nexv development xvill be paying for the remaining debt service on past improvements, and if no credits xvere provided xvould be in effect paying for its costs through impact fees and some of existing development's costs through the portion of its rates that go to debt retirement. The other xvay in xvhich the credits differ is that they are provided for future debt service payments beyond the ten-year planning period. Both of these differences result in credits that are larger than if they xvere calculated according to a literal reading of the state act. The alternative to calculating a revenue credit is simply to divide the cost per service unit in hall The net costs resulting from deducting the revenue credit from the cost per service unit are compared in Table 13. Based on the debt service credit calculated above, the net cost is $3,155 per service unit. Using the alternative method authorized by state la,v, the net cost ~vould be 16 percent lo~ver, at $2,725 per service unit. Table 13 WATER NET COST PER SERVICE UNTT Calculation Alternative Method Method Source: Cost per SFE from Table 11; revenue credit per SFE for calculation method from Table 12; revenue credit for alternative method is one-half of cost per SFE. NET COST SCHEDULE The txvo methods for calculating revenue credits give similar results, and the City Council could enact water impact fees at either of these levels, or at a reduced level. The following net cost schedule represents the maximum impact fees that may be charged by the City for ~vater system facilities, based on the adopted Land Use Assumptions, the utility system evaluation and capital improvement cost estimates prepared by City Municipal Utilities staff and Alan Plummet Associates, and the additional DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #IblFT, Page 15 data and analysis presented in this study. The City could adopt the fees at a lo~ver level than the maximums sho~vn, or phase the increases in over a period of time. In Table 14, the service units per meter are multiplied by the net cost per service unit derived from the calculated revenue credit methodology to determine the net cost per meter. Table 14 WATER NET COST SCHEDULE SFEs/ Net Cost Net Cost/ Meter Size Meter per SFE Meter 1" 2.5 $3,155 $7,888 2" 8.0 $3,155 $25,240 4" S0.0 $3,155 $157,750 8" 200.0 $3,155 $631,000 Source: SFEs per meter from Table 2; net cost per SFE from Table 13. The maximum ~vater impact fees calculated above are compared to the City's existing ~vater impact fees in Table 15. The fees ~vould increase by 54 percent for meters of t~vo inches in diameter or less, and more for larger meters. Table 15 COMPARATIVE WATER FEES Potential Current Percent Meter Size Fees Fees Change S4% 2" $25,240 $16,352 54% ~ ~O/o 4:1 ~!57~50 }5!~!00 2(]90/0 ~ ~ % 8" $631,000 $163,520 286% !0 $!~0Z5~ 3S~ 3 Yo Source: Potential fees from Table 14', current fees from Denton City Code. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IIIIAFT, Page 16 Based on the gro~vth projections in the Land Use Assumptions, potential revenues over the next ten years ~vould be 68 percent higher under the potential fees calculated in this report than under the current fees, as sho~vn in Table 16. These revenue projections should be vie~ved cautiously, since the annual projections of $5.8 million under the current fee schedule are considerably higher than the $3.4 million collected by the City in 2001. It should also be noted that the updated fees ~vill not apply to properties platted under the previous impact fee schedule. Table 16 COMPARATIVE WATER iMPACT FEE REVENUES, 2003-2013 2003 New 03-13 Potential Current Percent Meter Size Connections Connections Revenues Revenues Change ~ ~!3 ~ ~3 0!5 ~% 1" 1,0S0 704 $5,553,152 $3,597,440 54% 2" 1,207 810 $20,444,400 $13,245,120 54% 4" 70 47 $7,414,250 $2,401,700 209% 8" 4 3 $1,893,000 $490,560 286% Total 25,173 16,890 $96,505,527 $57,514,072 68% Source: 2003 connections estimated based on 2002 connections from Table 3 and percent growth in SFEs 2002-2003 from Table 4', new 2003-13 connections estimated based on percent growth in SFEs from Table 4', potential and current revenues based on new connections and potential and current fees from Table 15. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IIII~IFT, Page 17 WASTEWATE R The City's current xvastexvater impact fees, adopted in 1998, cover only the costs of xvastexvater treatment. This stud), updates the fees and adds the costs of interceptors and force mains. It also adds the interest costs associated xvith funding capital projects through revenue bonds. SERVICE UNITS The current service unit for Denton's ~vaste~vater impact fees is the "single-family equivalent" (SFE), ~vhich is based on the size of the ~vater meter. This is reasonable, since ~vaste~vater generation is not metered directly and tends to be proportional to ~vater usage. An SFE is the ~vater demand associated ~vith the smallest ~vater meter used in the system (3/4"), ~vhich is the meter typically used by a single-family residence. The ratio of each larger meter's capacity to the capacity of the base meter determines the SFE multiplier applied to each larger size meter. The number of service units associated with meters of different sizes ~vas calculated earlier. Multiplying the number of existing wastewater connections ~vith each meter size by the service units per meter yields total service units for that meter size. Summing for all meter sizes yields the total number of wastewater service units connected to the City's system, as shown in Table 17. Wholesale customers have been excluded from these calculations because they are located outside the wastewater service area. Table 17 WASTEWATER SERVICE UNITS, 2002 Existing SFEs/ Meter Size Connections Meter SFEs 1" 792 2.5 1,980 2" 752 8.0 6,016 3i! 22:~55 4" 60 50.0 3,000 8" 3 200.0 600 s;o 3 Total 22,876 37,619 Source: Average number of active non-wholesale wastewater connections by meter size for fiscal year 2002 from the City of Denton, October 2002 (based on water customers with wastewater service by meter size plus 116 residential customers with no water meter', SFEs per meter from Table 2. Average per capita ~vaste~vater demands can be determined based on historic system-~vide demand in millions of gallons per da), (mgd) and historic service area populations. These per capita estimates represent both residential and nonresidential demand, and are useful for projecting future system requirements, particularly ~vhen no significant shifts of land use ratios are expected. Waste~vater treatment facilities are primarily designed to accommodate average daily to,vs. As summarized in Table 18, per capita ~vaste~vater flo~vs to the treatment plant have been remarkably consistent over the last five years, at 148 gallons per capita per da), (gpcd). These calculations exclude ~vholesale ~vaste~vater flo~vs from Corinth and Argyle. In addition, they represent flo~vs per served or connected population, DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IIIIAFI', Page 18 ~vhich has been determined based on recent studies by the Cit7 of Denton to be about 97 percent of total population. These factors ~vill be used to project future demand and service units in the Pecan Creek service area. Ho~vever, because the Clear Creek service area ~vill have relatively little infiltration (due to ne~v lines) and little industry, Alan Plummet Associates has determined that 94 percent connectivits, and 100 gpcd should be used for this area) Table 18 PER CAPITA WASTEWATER DEMAND Fiscal Avg. Tnfluent Served Per Capita Year Flow (mgd) Population Flow (gpcd) 1998 11.55 77,791 148.47 2000 12.32 83,009 148.42 Average 148 Source: City of Denton Municipal Utilities, cited in Alan Plummet Associates memorandum, December 11, 2002 (average influent excludes wholesale flows). The gro~vth in ~vaste~vater service units and retail customer ~vaste~vater demand over the 2003-2013 planning period is derived from the Land Use Assumptions. The first step is to calculate the average demand per service unit. This xvill be applied to demand projections to project the gro~vth in service units for each service area. Total 2002 population in the Pecan Creek and Hickory Creek basins from the Land Use Assumptions is multiplied by the estimated percent of households that are connected to the Denton ~vaste~vater system to derive an estimate of the 2002 population served by the ~vaste~vater system (the population in the Clear Creek basin is excluded because there is no ~vaste~vater service presently available there). The served population is then multiplied by the average per capita demand to estimate total 2002 ~vaste~vater demand, exclusive of ~vholesale customers. Estimated demand in 2002 is divided by the current number of service units from the previous table to determine the average demand per service unit (see Table 19). 3Memorandum from Bryan Jann, P.E., Alan Plummet Associates, to P.S. Arora of City of Denton Municipal Utilities, December 11, 2002. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IIlI~IFT, Page 19 Table 19 AVERAGE DEMAND PER SERVICE UNIT Total Population, Wastewater CCN (excI. Clear Creek), 2002 91,086 ~ ~ 9~% Wastewater Served Population, 2002 88,353 Total Retail Wastewater Demand (gpd), 2002 13,076,244 SEES 200 6~9 Average Wastewater Demand per SFE (gpd) 348 Source: Total population from Land Use Assumptions, December 4, 2002 (excludes 2,631 in Clear Creek basin where no service is available)', percent served from Alan Plummet Associates, December 12, 2002 memorandum', per capita demand from Table 18', 2002 SFEs from Table 17. For each service area, the total population from the Land Use Assumptions is multiplied by the percent served and the average per capita demand to determine total retail ~vaste~vater demand. The average demand per service unit is then divided into total demand to determine the number of ~vaste~vater SFEs. Using this approach, the number of service units in the Pecan Creek and Hickory Creek drainage basins are estimated for each year through 2013 in Tables 20 and 21. Table 20 WASTEWATER SERVICE UNITS, PECAN CREEK, 2003-2013 Per Capita Retail Demand/ Fiscal Total Percent Served Demand Demand SFE Year Population Served (m~ld) (~lpd) SFEs I ~ 25i 92 2004 64,965 97% 63,016 148 9.33 348 26,810 o 2006 69,249 97% 67,172 148 9.94 348 28,563 2008 74,820 97% 72,575 148 10.74 348 30,862 2010 80,345 97% 77,935 148 11.53 348 33,132 83 ~35 9~ 88~93 ~8 98 3~8 3~ 25 2012 86,757 97% 84,154 148 12.45 348 35,776 New Demand and SFEs, 2003-2013 3.95 11,350 Source: Total population from Land Use Assumptions, December 4, 2002; percent served from Alan Plummet Associates, December 12, 2002 memorandum', per capita demand from Table 18; demand per SFE from Table 19; SFEs is total demand divided by demand per SFE. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 I}l~a~,Fl', Page 20 Table 2! WASTEWATER SERVICE UNITS, HICKORY CREEK, 2003-2013 Per capita Retail Demand/ Fiscal Total Percent Served Demand Demand SFE Year Population Served Population (mgd) (gpd) SFEs 2004 32,086 97% 31,123 148 4.61 348 13,247 5 ~3 690 9 ~ ~8 88~ 3~ 908 2006 35,375 97% 34,314 148 5.08 348 14,598 6~ ! ~8 5 3 ~8 !5 3 ~ 6 2008 39,000 97% 37,830 148 5.60 348 16,092 2010 42,998 97% 41,708 148 6.17 348 17,730 ~86~83~8~862 2012 47,405 97% 45,983 148 6.81 348 19,569 ~9 5 9 28 ~8 ~ 5 ~ 8 20~ 5~6 New Demand and SFEs, 2003-2013 2.76 7,931 Source: Total population from Land Use Assumptions, December 4, 2002; percent served from Alan Plummet Associates, December 12, 2002 memorandum', per capita demand from Table 18; demand per SFE from Table 19; SFEs is total demand divided by demand per SFE. The demand and service unit projections in the Clear Creek drainage basin are derived in similar fashion in Table 22. Ho~vever, the percent connectivity and per capita demand assumptions are some~vhat lo~ver, for the reasons described earlier. In addition, there ~s currently no served population, because the proposed Clear Creek treatment plant ~vill not be constructed until July 2004. Table 22 WASTEWATER SERVICE UNITS, CLEAR CREEK, 2003-2013 Per capita Retail Demand/ Fiscal Total Percent Served Demand Demand SFE Year Population Served Population (mgd) (gpd) SFEs o 2004 4,424 10% 442 100 0.04 348 115 o 5 5i8 20 ~ 2006 7,254 30% 2,176 100 0.22 348 632 o ~0~ 8i 389 ~0 Mo 3i ~ 3~ 3~8 977 2008 9,524 50% 4,762 100 0.48 348 1,379 ~009 08 60 ~ 00 0; ~8 925 2010 12,644 70% 8,851 100 0.89 348 2,557 o ~i20 80 363! 3i2~6 2012 15,764 90% 14,188 100 1.42 348 4,080 o ~0 I~;3 9~ 6 283 ~ 63 3~ 68 New Demand and SFEs, 2003-2013 1.63 4,684 Source: Total population from Land Use Assumptions, December 4, 2002; percent served by 2013 and per capita demand from Alan Plummet Associates, December 12, 2002 memorandum', demand per SFE from Table 19; SFEs is total demand divided by demand per SFE. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IIIUIFI', Page 21 Projected 2003-2013 retail ~vaste~vater demand and ~vaste~vater service units are summarized for the three drainage basins in Table 23 belo~v. Table 23 WASTEWATER DEMAND AND SERVICE UNIT SUMMARY, 2003-2013 Retail Demand (mgd) Service Units (SFEs) Drainage Basin 2003 2013 New 2003 2013 New Total Wastewater CCN 13.41 21.75 8.34 38,535 62,500 23,965 Source: Tables 20, 21 and 22. TREATMENT PLANTS In 1994, the City completed a $9.5 million expansion of its ~vaste~vater treatment plant. The Pecan Creek Water Reclamation Plant is no~v designed to treat up to 15 mgd, and is in compliance ~vith all State and Federal discharge permits. With a projected demand in 2003 of 14.91 mgd, as sho~vn in Table 24, the City has no existing capacity deficiencies ~vith regard to ~vaste~vater treatment. It also has virtually no excess capacity to accommodate nexv customers. Table 24 TREATMENT PLANT DEMAND AND CAPACITYf 2003 Source: Projected 2003 retail demand from Table 23; projected wholesale demand is 110% of wholesale demand in FY 2002 from City of Denton Municipal Utilities, "FY 2002 Wastewater Customers and Volume Summary." To accommodate future groxvth in the Pecan Creek and Hickory Creek basins, the City is currently building a 6.00 mgd expansion to the Pecan Creek plant, and xvill also construct a nexv 0.95 mgd plant in the Hickory Creek basin. The Pecan Creek plant expansion is being constructed in modules, and some additional capacity xvill be available xvhen the first nexv treatment train is completed in late January or early February 2003. The construction of the Hickory Creek plant is five years or so axvay. Currently, the floxvs from the Hickory Creek basin are conveyed to the Pecan Creek system by an existing lift station. In order to maximize the use of the Pecan Creek plant expansion already under,va)T, it is anticipated that a significant portion of the nexv capacity required by groxvth in the Hickory Creek basin over the ten-year period ~vill be met by that plant. Consequently, ne~v development in the Hickory Creek basin ~vill have its xvastexvater treated by both the Pecan Creek plant expansion and the nexv Hickory Creek plant. DENTON, TEXAS\2003-2013 Capital Improvements Plan February 17, 2003 Illb~,l~'l', Page 22 Treatment capadty to serve the Clear Creek basin ~vill be constructed in txvo phases. The first phase is the construction of a 0.95 mgd ~vaste~vater treatment plant, anticipated to be completed by July 2004. Later in the ten-year planning horizon, an expansion of the plant ~vill take place to provide the additional 0.68 mgd of required capacity. The projected system~vide relationship betxveen ~vaste~vater demand and treatment capacity is illustrated in Figure 7. LIFT STATIOhlS AhlD FORCE MAIhlS Figure 7 WASTEWATER DEMAND AND CAPACITY ¸25 Based on information in the City of Denton ~vaste~vater master plan, three lift station projects e Actua! Oe~nd ~' P~ojec:~ed ~mand 0 ~997 2~1i 2~5 2099 2013 are anticipated for the ten-year planning period. The Cooper Creek Lift Station expansion is currently under design and ~vill increase capacity to 12 mgd. A Lakevie~v Ranch/Grissom Lift Station and Force Main is also anticipated during the planning period. While no capacities are kno~vn at this time, a startup date of 2005 is assumed. For the projects above, the assumption ~vas made that each lift station ~vill be constructed to meet 2020 to,vs. In addition, it ~vas assumed that population gro~vth ~vould occur at a linear rate over the same period. To convey additional ~vaste~vater resulting from gro~vth in the Hickory Creek basin to the Pecan Creek plant ~vill create the need for a 2 mgd capacity expansion of the current Hickory Creek lift station. The expansion of the existing Hickory Creek lift station ~vill occur during the planning period and is anticipated to be fully utilized by 2013. I bITE RC E PTO RS Several ne~v interceptors are discussed in the City of Denton 17~as/ewa/er Mas/er Pla,, many of ~vhich ~vere considered developer-related projects. Many of these projects ~vere not included in the update due to uncertainties of the required timing. The inclusion of the listed projects ~vas based on current needs and input from City personnel. The underlying assumption for interceptor projects ~vas that all interceptors ~vould have a 20-year life. In addition, each interceptor ~vas assigned an in-service date. The in-service dates are anticipated. The applicable percentages ~vere calculated based on the ratio of the number of years in-service during the planning period to 20, ~vhich is the life of the line. The North Hickory Creek Interceptor ~vill serve both the City of I4m2m, ~vhich is a ~vholesale ~vaste~vater customer, and a ne~vly developing area ~vithin the Hickory Creek basin. The City of Krum ~vill pay for the equivalent cost of a 15-inch line, and the City of Denton is responsible for the cost share above the 15-inch size, ~vhich ranges from 21 to 27 inches. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #IblFI', Page 23 COST PER SERVICE UNIT Waste~vater capital improvements identified by City Municipal Utilities staff as necessary to accommodate gro~vth over the next ten years for each of the three drainage basins are summarized in Tables 25, 26 and 27. The portions of the costs of the Pecan Creek Water Reclamation Plant expansion, the ne~v Hickory Creek plant and the ne~v Clear Creek plant that are attributable to gro~vth over the planning period are based on the capacity of the facilities and the ne~v demand generated by the anticipated gro~vth over the period. Lift station and force main improvements included in the capital improvements plan are identified in the ~vaste~vater master plan, and the percent attributable to gro~vth for these projects is based on the assumption that the facilities ~vill be fully utilized by 2020. For interceptors, the portions of the costs attributable to gro~vth are based on the year that the facility is anticipated to be put into service. For these facilities, the simplifying assumptions are made that they ~vill accommodate 20 years of gro~vth and that gro~vth ~vill be linear. In addition to those costs directly attributable to gro~vth, there are the interest costs associated ~vith funding capital improvements ~vith revenue bonds or other forms of debt. The City traditionally funds all of its major ~vaste~vater system capital improvements ~vith bonds, and consequently incurs interest costs. According to state la,v, these interest costs can be recovered through impact fees. Interest costs are estimated based on the most recent City of Denton utility bond issue. The total costs of planned capital improvements attributable to groxvth in each of the three drainage basins are presented in the folloxving three tables. Table 25 WASTEWATER CAPITAL COSTS, PECAN CREEK, 2003-2013 Capacity (mgd) Attribu- Total Attributable Tmprovement Total Needed Year table % Cost Cost o ~! ~ ~i~ ~ ~0O/o ~ ~ LakeYie~/GEissgmLS/~9[ceMain 2005 53~o0o/o $865~490 o Pecan Creek interceptor 2003 50,00 Yo $3,000,000 $!,500,000 Direct Attributable Cost $17,575,866 Total Attributable Cost $27,945,627 Source: Project costs, capacity and in-service dates from Alan Plummet Associates, "Wastewater Improvement Costs Applicable to Impact Fees," December 4, 2002; total capacity needed and new service units over 2003-2013 period from Table 23', attributable percent of Cooper Creek and Lakeview lift station/force mains assumed to be fully utilized by 2020, so percent based on years remaining in 2003-2013 period divided by remaining years before 2020; attributable percent of other improvements with in-service date shown based on years remaining in 2003-2013 period divided by 20 years', interest cost based on interest rates of Series 2002A Utility System Revenue Bonds. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IU~IFI', Page 24 Table 26 WASTEWATER CAPTTAL COSTS, HTCKORY CREEK, 2003-2013 Capacity (mgd) Attribu- Total Tmprovement Total Needed Year table % Cost Attributable Cost Pecan Creek WRP Expansion 6.00 1.81 n/a 30.17% $19,416,015 $5,857,812 Bi~ ~ Ww~ 0;gS ~ 0O% $ $ Subtotal, Treatment Plant 2.76 n/a $25,416,015 $11,857,812 Hickory Creek Interceptor Phase I 2005 40.00% $2,900,000 $1,160,000 Graveyard Branch interceptor 2003 50.00% $3,658,440 $1,829,220 o Roark Branch ~nterceptor Oversizing 2003 50.00% $750,000 $375,000 Di~At~i ~!~6~ $~ Debt Service interest Cost $10,]90,027 Source: Project costs, capacity and in-service dates from Alan Plummet Associates, "Wastewater Improvement Costs Applicable to Impact Fees," December 4, 2002; total capacity needed and new service units over 2003-2013 period from Table 23; attributable percent of improvements with in-service date shown based on years remaining in 2003- 2013 period divided by 20 years', interest cost based on interest rates of Series 2002A Utility System Revenue Bonds. Table 27 WASTEWATER CAPTTAL COSTS, CLEAR CREEK, 2003-2013 Capacity (mgd) Attribu- Total Attributable Tmprovement Total Needed Year table % Cost Cost Subtotal Treatment Plants 1.63 $8,650,000 $8,650,000 ~i~ r/~ii ~ ~ ~ ~6 ~0035 500;000 Direct Attributable Cost $11,150,000 Total Attributable Cost $17,728,500 Source: Project costs, capacity and in-service dates from Alan Plummet Associates, "Wastewater Improvement Costs Applicable to Impact Fees," December 4, 2002; total capacity needed and new service units over 2003-2013 period from Table 23; attributable percent of improvements with in-service date shown based on years remaining in 2003- 2013 period divided by 20 years', interest cost based on interest rates of Series 2002A Utility System Revenue Bonds. The cost per service unit is determined by dividing the total attributable cost over the 2003-2013 planning period by the ne~v service units (SFEs) anticipated during the same time period. The average costs per SFE are sho~vn for each drainage basin and for the entire ~vaste~vater CCN in Table 28 belo~v. It is apparent that ne~v development ~vill be more cost-effective to serve in the Pecan Creek basin, due to the economies of scale at the large existing treatment plant. Since much of the ne~v development in the Hickory Creek basin ~vill also be served by the expansion of the existing plant, a reasonable case can be made for including both basins ~vithin the same service area and charging the same fee in both areas. The Clear Creek basin, on the other hand, ~vill be served by an entirely separate set of facilities, and the significantly higher cost to serve ne~v customers in this area could be reflected in higher fees if it is designated as a separate service area. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IIII~IFI', Page 25 Table 28 WASTEWATER COST PER SERVTCE UNTT, 2003-2013 Attributable New Cost/ Source: Attributable costs from Tables 25, 26 and 27; new SFEs from Table 23. NET COST PER SERVICE UNIT Ne~v ~vaste~vater customers ~vill help pay off outstanding debt incurred for existing facilities through their monthly rates. The net present value of the future stream of debt service payments is the debt service credit per service unit. Table 29 WASTEWATER DEBT SERVICE CREDIT Fiscal Debt Service Wastewater Credit/ Year Payment SFEs SFE 2004 $5,562,979 40,172 $138 2005 $5i35 89~ $ 2006 $5,298,611 43,793 $121 200~ $ S i~ 2 ~ 938 ~5977 $ ~ ~ 8 2010 $5,539,916 53,419 $104 20 $~93001 6 3Z $88 2012 $4,907,336 59,425 $83 2014 $4,484,684 65,437 $69 2016 $3,984,628 71,322 $56 2018 $3,878,365 77,216 $50 2020 $3,696,799 83,116 $44 2022 $1,373,500 89,380 $15 Net Present Value $1,171 Source: Wastewater debt service payments from City of Denton Municipal Utilities', wastewater SFEs for 2003-2013 from Tables 20, 21 and 22', wastewater SFEs for succeeding years based on percent growth from 2002 water system forecast', net present value based on 4.8% discount rate, which is the average interest rate on 20-year AAA municipal bonds cited on bloomberg.com, bondsonline.com and fmsbonds.com on January 30, 2003. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IUbIFI', Page 26 The net cost per service unit is calculated by subtracting the revenue credit calculated above from the cost per service unit. As discussed in the ~vater section, ho~vever, state la~v prescribes an alternative method of calculating the net cost per service unit, ~vhich is to divide the cost per service unit by t~vo. These t~vo methods of determining the net cost per service unit are presented in Table 30. As ~vith the ~vater fee, the t~vo methods yield very similar results for the ~vaste~vater fee for the Pecan Creek basin, ~vith the alternative method resulting in a maximum fee that is only 5 percent lo~ver than the calculated net cost. Ho~vever, the alternative method ~vould result in considerably lo~ver fees for the other t~vo drainage basins. Table 30 WASTEWATER NET COST PER SERVICE UNIT Cost/ Credit/ Net Cost/ Alternative Alt. % Drainage Basin SFE SFE SFE Max. Fee of Net Hickory Creek $3,463 $1,171 $2,292 $1,732 76% S~ ~a! B ~B!~ ~ $ iii ~ !~ $ 37 8~ Clear Creek $3,785 $1,171 $2,614 $1,893 72% o Source: Cost per SFE from Table 28; credit per SFE from Table 29; alternative maximum fee is cost per SFE divided by 2. NET COST SCHEDULE Because the City has several options to choose from in terms of service areas, as many as five fee schedules could be generated for various geographic areas. The option of using the alternative method of calculating revenue credits authorized by state la~v increases the number of possible fee schedules to ten. For simplicity, the fee schedule presented ~vill be based on the maximum fee for the entire ~vaste~vater service area. In Table 31, the service units per meter are multiplied by the net cost per service unit derived from the calculated revenue credit methodology to determine the net cost per meter. Table 31 WASTEWATER NET COST SCHEDULE SFEs/ Net Cost Net Cost/ Meter Size Meter per SFE Meter 1" 2.5 $1,881 $4,703 !88! $9i~5 2" 8.0 $1,881 $15,048 4" 50.0 $1,881 $94,050 8" 200.0 $1,881 $376,200 Source: SFEs per meter from Table 2; net cost per SFE from Table 13. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 I}IIAFI', Page 27 The maximum ~vaste~vater impact fees calculated above are compared to the City's existing impact fees in Table 32. If adopted at the maximum level, the fees ~vould increase by 289 percent for meters of txvo inches in diameter or less. The increase ~vould be greater for larger meters, reflecting the revised SFEs per meter based on the capacity data provided by the manufacturer of the meters used by the City. Table 32 COMPARATIVE WASTEWATER FEES Potential Current Percent Meter Size Fees Fees Change !i: }4~703 $!~208 2890/0 2" $15,048 $3,864 289% 8" $376,200 $38,640 874% Source: Potential fees from Table 311 current fees from Denton City Code. Based on the gro~vth projections in the Land Use Assumptions, potential revenues over the next ten years ~vould be 323 percent higher under the potential fees calculated in this report than under the current fees, as sho~vn in Table 28. These revenue projections should be vie~ved cautiously, since the annual projections of $1.1 million under the current fee schedule are considerably higher than the S0.8 million collected by the City in 2001. Table 33 COMPARATIVE WASTEWATER REVENUES, 2003-2013 2003 New 03-13 Potential Current Meter Size Connections Connections Revenues Revenues Percent Chanqe 1" 811 504 $2,370,312 $608,832 289% 211 ~ !' 8~ 58 $ ~ 1 I6 158 · 386 40~ 4 ~ 8% 4" 61 38 $3,573,900 $458,850 679% 8~ 3 2 $~52~400 $~7~280 8~4% Total 23,432 14,572 $45,234,565 $10,685,661 323% Source: 2003 connections estimated based on 2002 connections from Table 17 and percent growth in SFEs 2002-2003 from Table 4', new 2003-13 connections estimated based on percent growth in SFEs from Table 4', potential and current revenues based on new connections and potential and current fees from Table 32. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IU~alFI', Page 28 APPENDIX: TEXAS IMPACT FEE ENABLIN ACT [Underline and strike-out indicates changes from SB 247, effective September 1, 2001] CHAPTER 395. FINANCING CAPITAL IMPROVEMENTS REQUIRED BY NEW DEVELOPMENT IN MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS SUBCHAPTER A. GENERAL PROVISIONS Sec. 395.001. Definitions. In this chapter: (1) "Capital improvement" means an), of the follo~ving facilities that have a life expectancy of three or more ),ears and are o~vned and operated by or on behalf of a political subdivision: (A) ~vater supply, treatment, and distribution facilities; ~vaste~vater collection and treatment facilities; and storm water, drainage, and flood control facilities; whether or not the), are located ~vithin the service area; and (B) roa&vay facilities. (2) "Capital improvements plan" means a plan required by this chapter that identifies capital improvements or facility expansions for ~vhich impact fees ma), be assessed. "Facility expansion" means the expansion of the capacity of an existing facility that serves the same function as an othe~vise necessary ne~v capital improvement, in order that the existing facility ma), serve ne~v development. The term does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. (4) "Impact fee" means a charge or assessment imposed by a political subdivision against ne~v development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the ne~v development. The term includes amortized charges, lump-sum charges, capital recover), fees, contributions in aid of construction, and any other fee that functions as described by this definition. The term does not include: (A) dedication of land for public parks or payment in lieu of the dedication to serve park needs; (B) dedication of rights-of-xvay or easements or construction or dedication of on-site o_~r off-site water distribution, wastewater collection or drainage facilities, or streets, sidexvalks, or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the nexv development; [or] DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #l~a~.Fl', Page 29 (C) lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing ~vater or server mains or lines; or (D) other pro rata fees for reimbursement of~vater or server mains or lines extended by the political subdivision. "Land use assumptions" includes a description of the service area and projections of changes in land uses, densities, intensities, and population in the service area over at least a 10-year period. (6) "Ne~v development" means the subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of~vhich increases the number of service units. (7) "Political subdivision" means a municipality, a district or authority created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, or, for the purposes set forth by Section 395.079, certain counties described by that section. (8) "Road~vay facilities" means arterial or collector streets or roads that have been designated on an officially adopted road~vay plan of the political subdivision, together ~vith all necessary appurtenances. The term includes the political subdivision's share of costs for [du~= i,ut ind,,d~ aiiy] road~vays and [o-ri associated improvements designated on the federal or Texas high~vay system, including local matching funds and costs related to utilit5, line relocation and the establishment of curbs, gutters, side~valks, drainage appurtenances, and rights-of-~vay. (9) "Service area" means the area ~vithin the corporate boundaries or extraterritorial jurisdiction, as determined under Chapter 42, of the political subdivision to be served by the capital improvements or facilities expansions specified in the capital improvements plan, except road~vay facilities and storm ~vater, drainage, and flood control facilities. The service area, for the purposes of this chapter, ma), include all or part of the land ~vithin the political subdivision or its extraterritorial jurisdiction, except for road~vay facilities and storm ~vater, drainage, and flood control facilities. For road~vay facilities, the service area is limited to an area ~vithin the corporate boundaries of the political subdivision and shall not exceed six [au.~': ',a.c~ ~qual [o ucvciuptiicitt, hue iii iio iiiipioveiiieiiks plan]. For storm water, drainage, and flood control Gc~ifies, the semice area may include aH or part of the land within the pohfical subdivision or its extraterritorial jurisdiction, but shall not exceed the area actually seined by the storm water, drainage, and flood control Gc~ifies designated in the capital improvements plan and shall not extend across watershed boundaries. (lO) "Service unit" means a standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards and based on historical data and trends applicable to the political subdivision in which the individual unit of development is located during the DENTON, TEXA$\2003-2013 Capital Improvements Plan February 17, 2003 IIlIAFT, Page 30 SUBCHAPTER B. AUTHORIZATION OF IMPACT FEE Sec. 395.011. Authorization of Fee. (0 Unless other~vise specifically authorized by state la~v or this chapter, a governmental entity or political subdivision ma), not enact or impose an impact fee. (b) Political subdivisions may enact or impose impact fees on land ~vithin their corporate boundaries or extraterritorial jurisdictions only by complying ~vith this chapter, except that impact fees may not be enacted or imposed in the extraterritorial jurisdiction for road~vay facilities. (c) A municipality may contract to provide capital improvements, except road~vay facilities, to an area outside its corporate boundaries and extraterritorial jurisdiction and may charge an impact fee under the contract, but if an impact fee is charged in that area, the municipality must comply ~vith this chapter. Added byActs 1989, 71st Leg., ch. 1, Sec. 82(a), elf. Aug. 28, 1989. Sec. 395.012. Items Payable by Fee. (0 An impact fee ma), be imposed only to pa), the costs of constructing capital improvements or facility expansions, including and limited to the: (1) construction contract price; (2) surveying and engineering fees; (3) land acquisition costs, including land purchases, court a~vards and costs, attorney's fees, and expert ~vitness fees; and fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan ~vho is not an employee of the political subdivision. (b) Projected interest charges and other finance costs ma), be included in determining the amount of impact fees only if the impact fees are used for the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf of the political subdivision to finance the capital improvements or facility expansions identified in the capital improvements plan and are not used to reimburse bond funds expended for facilities that are not identified in the capital improvements plan. (c) Not~vithstanding any other provision of this chapter, the Ed~vards Underground Water District or a river authority that is authorized else~vhere by state la~v to charge fees that function as impact fees may use impact fees to pay a staff engineer ~vho prepares or updates a capital improvements plan under this chapter. A municipality ma), pledge an impact fee as security for the payment of debt service on a bond, note, or other obligation issued to finance a capital improvement or public facility expansion iff (1) the improvement or expansion is identified in a capital improvements plan; and DENTON, TiXA$\2003-2013 Capital Improvements Plan February 17, 2003 IIII).FT, Page 31 (2) at the time of the pledge, the governing body of the municipality certifies in a ~vritten order, ordinance, or resolution that none of the impact fee ~vill be used or expended for an improvement or expansion not identified in the plan. (0 A certification under Subsection (d)(2) is sufficient evidence that an impact fee pledged ~vJll not be used or expended for an improvement or expansion that is not identified in the capital improvements plan. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(0, eff. Aug. 28, 1989. Amended by Acts 1995, 74th Leg., ch. 90, Sec. 1, elf. May 16, 1995. Sec. 395.013. Items Not Payable by Fee. Impact fees may not be adopted or used to pay for: (1) construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (2) repair, operation, or maintenance of existing or ne~v capital improvements or facility expansions; (3) upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards; upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development; (5) administrative and operating costs of the political subdivision, except the Ed~vards Underground Water District or a river authority that is authorized elsewhere by state law to charge fees that function as impact fees may use impact fees to pay its administrative and operating costs; (6) principal payments and interest or other finance charges on bonds or other indebtedness, except as allo~ved by Section 395.012. Added by Acts 1989, 71 st Leg., ch. 1, Sec. 82(0, eff. Aug. 28, 1989. Sec. 395.014. Capital Improvements Plan. (0 The political subdivision shall use qualified professionals to prepare the capital improvements plan and to calculate the impact fee. The capital improvements plan must contain specific enumeration of the following items: 0) a description of the existing capital improvements within the service area and the costs to upgrade, update, improve, expand, or replace the improvements to meet existing needs and usage and stricter safety, efficiency, environmental, or regulatory standards, ~vhich shall be prepared by a qualified professional engineer licensed to perform the professional engineering services in this state; (2) an analysis of the total capacity, the levd of current usage, and commitments for usage of capacity of the existing capital improvements, ~vbich shall be prepared by a qualified professional engineer licensed to perform the professional engineering services in this state; DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #II).FT, Page 32 (3) a description of all or the parts of the capital improvements or facility expansions and their costs necessitated by and attributable to ne~v development in the service area based on the approved land use assumptions, ~vhich shall be prepared by a qualified professional engineer licensed to perform the professional engineering services in this state; a definitive table establishing the specific level or quantity of use, consumption, generation, or discharge of a service unit for each category of capital improvements or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial, and industrial; (5) the total number of projected service units necessitated by and attributable to ne~v development ~vithin the service area based on the approved land use assumptions and calculated in accordance ~vith generally accepted engineering or planning criteria; and (6) the projected demand for capital improvements or facility expansions required by ne~v service units projected over a reasonable period of time, not to exceed 10 years; and a plan for a~varding: a credit for the portion of ad valorem tax and utility service revenues generated by ne~v service units during the program period that is used for the payment of improvements, including the payment of debt, that are included in the capital improvements plan; or (B) in the alternative, a credit equal to 50 percent of the total projected cost of implementing the capital improvements plan. (b) The analysis required by Subsection (a)(3) may be prepared on a system~vide basis ~vithin the service area for each major category of capital improvement or facility expansion for the designated service area. (c) The governing body of the political subdivision is responsible for supervising the implementation of the capital improvements plan in a timely manner. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. Sec. 395.015. Maximum Fee Per Service Unit. (0 The impact fee per service unit may not exceed the amount determined by subtracting the amount in Section 395.014(a)(7) from [dividing] the costs of the capital improvements described by Section 395.014(0 (3) and dividing that amount by the total number of projected service units described by Section 395.014(0(5). (b) If the number of ne~v service units projected over a reasonable period of time is less than the total number of ne~v service units sho~vn by the approved land use assumptions at full development of the service area, the maximum impact fee per service unit shall be calculated by dividing the costs of the part of the capital improvements necessitated by and attributable to projected ne~v service units described by Section 395.014(0 (6) by the projected ne~v service DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IIII~.FT, Page 33 units described in that section. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), elf. Aug. 28, 1989. Sec. 395.016. Time for Assessment and Collection of Fee. (0 This subsection applies only to impact fees adopted and land platted before June 20,1987. For land that has been platted in accordance ~vith Subchapter A, Chapter 212, or the subdivision or platting procedures of a political subdivision before June 20, 1987, or land on ~vhich ne~v development occurs or is proposed ~vithout platting, the political subdivision may assess the impact fees at any time during the development approval and building process. Except as provided by Section 395.019, the political subdivision may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's ~vater or server system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (b) This subsection applies only to impact fees adopted before June 20,1987, and land platted after that date. For ne~v development ~vhich is platted in accordance ~vith Subchapter A, Chapter 212, or the subdivision or platting procedures of a political subdivision after June 20, 1987, the political subdivision may assess the impact fees before or at the time of recordation. Except as provided by Section 395.019, the political subdivision may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's ~vater or server system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (c) This subsection applies only to impact fees adopted after June 20,1987. For ne~v development ~vhich is platted in accordance ~vith Subchapter A, Chapter 212, or the subdivision or platting procedures of a political subdivision before the adoption of an impact fee, an impact fee may not be collected on any service unit for ~vhich a valid building permit is issued ~vithin one year after the date of adoption of the impact fee. This subsection applies only to land platted in accordance ~vith Subchapter A, Chapter 212, or the subdivision or platting procedures of a political subdivision after adoption of an impact fee adopted after June 20, 1987. The political subdivision shall assess the impact fees before or at the time of recordation of a subdivision plat or other plat under Subchapter A, Chapter 212, or the subdivision or platting ordinance or procedures of any political subdivision in the official records of the county clerk of the county in ~vhich the tract is located. Except as provided by Section 395.019, if the political subdivision has ~vater and ~vaste~vater capacity available: the political subdivision shall [mW] collect the fees [at~,L,~,:" die tiiiie u, ,~u~u~L,~, ~, rrr] at the time the political subdivision issues _a [~itl~z tl~] building permiti for land platted outside the corporate boundaries of a municipality, the municipality shall collect the fees at the time an application for an individual meter connection to the municipalits?s ~vater or ~vaste~vater system is filed; or a political subdivision that lacks authoriw to is sue building permits in the area ~vhere the impact fee applies shall collect the fees at the time an application is fded for an individual meter connection to the political subdivision's ~vater or ~vaste~vater system DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 III{~IF'I', Page 34 (0 For land on ~vhich ne~v development occurs or is proposed to occur ~vithout platting, the political subdivision may assess the impact fees at any time during the development and building process and may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's ~vater or server system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (0 An "assessment" means a determination of the amount of the impact fee in effect on the date or occurrence provided in this section and is the maximum amount that can be charged per service unit of such development. No specific act by the political subdivision is required. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(0, eff. Aug. 28, 1989. Sec. 395.017. Additional Fee Prohibited; Exception. After assessment of the impact fees attributable to the ne~v development or execution of an agreement for payment of impact fees, additional impact fees or increases in fees may not be assessed against the tract for any reason unless the number of service units to be developed on the tract increases. In the event of the increase in the number of service units, the impact fees to be imposed are limited to the amount attributable to the additional service units. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), elf. Aug. 28, 1989. Sec. 395.018. Agreement With Owner Regarding Payment. A political subdivision is authorized to enter into an agreement with the oxvner of a tract of land for which the plat has been recorded providing for the time and method of payment of the impact fees. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), elf. Aug. 28, 1989. Sec. 395.019. Collection of Fees if Services Not Available. Except for roadxvay facilities, impact fees may be assessed but may not be collected in areas xvhere services are not currently available unless: (1) the collection is made to pay for a capital improvement or facilit7 expansion that has been identified in the capital improvements plan and the political subdivision commits to commence construction within two years, under duly awarded and executed contracts or commitments of staff time covering substantially all of the work required to provide service, and to have the service available ~vithin a reasonable period of time considering the tTpe of capital improvement or facility expansion to be constructed, but in no event longer than five years; (2) the political subdivision agrees that the oxvner of a nexv development may construct or finance the capital improvements or facility expansions and agrees that the costs incurred or funds advanced will be credited against the impact fees other~vise due from the new development or agrees to reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions, which fees shall be collected and reimbursed to the owner at the time the other new development records its plat; or (3) an oxvner voluntarily requests the political subdivision to reserve capacity to serve future development, and the political subdivision and owner enter into a valid written agreement. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), elf. Aug. 28, 1989. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 Illl).F'r, Page 35 Sec. 395.020. Entitlement to Services. Any ne~v development for ~vhich an impact fee has been paid is entitled to the permanent use and benefit of the services for ~vhich the fee ~vas exacted and is entitled to receive immediate service from any existing facilities ~vith actual capacity to serve the ne~v service units, subject to compliance ~vith other valid regulations. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(0, eff. Aug. 28, 1989. Sec. 395.021. Authority of Political Subdivisions to Spend Funds to Reduce Fees. Political subdivisions may spend funds from any la~vful source to pay for all or a part of the capital improvements or facility expansions to reduce the amount of impact fees. Added by Acts 1989, 71 st Leg., ch. 1, Sec. 82(0, eff. Aug. 28, 1989. Sec. 395.022. Authority of Political Subdivision to Pay Fees. Political subdivisions and other governmental entities may pay impact fees imposed under this chapter. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. Sec. 395.023. Credits Against Roadway Facilities Fees. Any construction of, contributions to, or dedications of off-site roa&vay facilities agreed to or required by a political subdivision as a condition of development approval shall be credited against roadway facilities impact fees other~vise due from the development. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. Sec. 395.024. Accounting For Fees and Interest. (0 The order, ordinance, or resolution levying an impact fee must provide that all funds collected through the adoption of an impact fee shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facilit7 expansions within the service area for which the fee was adopted. (b) Interest earned on impact fees is considered funds of the account on ~vhich it is earned and is subject to all restrictions placed on use of impact fees under this chapter. (c) Impact fee funds may be spent only for the purposes for xvhich the impact fee xvas imposed as shoxvn by the capital improvements plan and as authorized by this chapter. The records of the accounts into xvhich impact fees are deposited shall be open for public inspection and copying during ordinary business hours. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(0, eff. Aug. 28, 1989. Sec. 395.025. Refunds. (0 On the request of an oxvner of the propert7 on xvhich an impact fee has been paid, the political subdivision shall refund the impact fee if existing facilities are available and service is denied or the political subdivision has, after collecting the fee when service was not available, failed to commence construction within two years or service is not available within a reasonable period considering the type of capital improvement or facility expansion to be constructed, but in no event later than five years from the date of payment under Section 395.019(1). DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #II21FT, Page 36 (c) The political subdivision shall refund any impact fee or part of it that is not spent as authorized by this chapter ~vithin 10 ),ears after the date of payment. (d) Any refund shall bear interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03, Title 79, Revised Statutes (Article 5069-1.03, Vemon's Texas Civil Statutes), or its successor statute. (e) All refunds shah be made to the record o~vner of the properpy at the time the refund is paid. Ho~vever, if the impact fees ~vere paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity. (0 The o~vner of the property on ~vhich an impact fee has been paid or another political subdivision or governmental entity that paid the impact fee has standing to sue for a refund under this section. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. SUBCHAPTER C. PROCEDURES FOR ADOPTION OF IMPACT FEE Sec. 395.041. Compliance With Procedures Required. Except as other,vise provided by this chapter, a political subdivision must comply ~vith this subchapter to lev5, an impact fee. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), elf. Aug. 28, 1989. Sec. 395.0411. Capital Improvements Plan. The political subdivision shall provide for a capital improvements plan to be developed by qualified professionals using generally accepted engineering and planning practices in accordance ~vith Section 395.014. Sec. 395.042. Hearing on Land Use Assumptions and Capital Improvements Plan. To impose an impact fee, a political subdivision must adopt an order, ordinance, or resolution establishing a public hearing date to consider the land use assumptions and capital improvements plan for [within] the designated service area [L,~L~v,,:"'ut u~d ~o u~,~,up die Sec. 395.043. Information About Land Use Assumptions and Capital Improvements Plan Available to Public. On or before the date of the first publication of the notice of the hearing on the land use assumptions and capital improvements plan, the political subdivision shall make available to the public its land use assumptions, the time period of the projections, and a description of [th~ g~n~l n~tu~ ~ the capital improvement facilities that may be proposed. DENTON, TEXAS\2003-2013 Capital Improvements Plan February 17, 2003 #Ii~IFI', Page 37 Sec. 395.044. Notice of Hearing on Land Use Assumptions and Capital Improvements Plan. (0 Before the 30th day before the date of the heating on the land use assumptions and capital improvements plan, the political subdivision shall send a notice of the heating by certified mail to an), person ~vho has given ~vtitten notice by certified or registered mail to the municipal secretary or other designated official of the political subdivision requesting notice of the heating ~vithin t~vo years preceding the date of adoption of the order, ordinance, or resolution setting the public heating. (b) The political subdivision shall publish notice of the hearing [once a ,w~k fu~ 'd~i~ consecud,e ~w~, L.~ ~.~..~.~ ~o appea~ before the 30th day ~ on o~ ~ ~.~ ~.~. day before the date set for the hearing, in one or more ne~vspapers of general circulation in each counU, in ~vhich the political subdivision ~es. Ho~vever, a fiver authofiU, that is authorized else~vhere by state la~v to charge fees that function as impact fees may pub~sh the required ne~vspaper notice only in each counU, in ~vhich the sewice area lies. ~' nodce iiOkiCc iiiuSk be iii lo-pulut of laigci kypc.] (c) The notice must contain: (1) a headline to read as follo~vs: "NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN RELATING TO POSSIBLE ADOPTION OF IMPACT FEES" (2) the time, date, and location of the hearing; (3) a statement that the purpose of the heating is to consider the land use assumptions and "' :11 1 1 I , [L.~ ,w. be u=~u to u~v~,uk, ~] capital improvements plan under ~vhich an impact fee ma), be imposed; and (4) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the land use assumptions and capital improvements plan. Sec. 395.045. Approval of Land Use Assumptions and Capital Improvements Plan Required. (0 After the public hearing on the land use assumptions and capital improvements plan, the political subdivision shall determine ~vhether to adopt or reject an ordinance, order, or resolution approving the land use assumptions and capital improvements plan. (b) The political subdivision, within 30 days after the date of the public hearing, shall approve or disapprove the land use assumptions and capital improvements plan. DENTON, TEXAS\2003-2013 Capital Improvements Plan February 17, 2003 I}II21FT, Page 38 (c) An ordinance, order, or resolution approving the land use assumptions and capital improvements plan may not be adopted as an emergency measure. Sec. 395.0455. Systemwide Land Use Assumptions. (a) In lieu of adopting land use assumptions for each service area, a political subdivision may, except for storm water, drainage, flood control, and roadway facilities, adopt systemwide land use assumptions, ~vhich cover all of the area subject to the jurisdiction of the political subdivision for the purpose of imposing impact fees under this chapter. (b) Prior to adopting systemwide land use assumptions, a political subdivision shall follo~v the public notice, hearing, and other requirements for adopting land use assumptions. (c) After adoption of system~vide land use assumptions, a political subdivision is not required to adopt additional land use assumptions for a service area for water supply, treatment, and distribution facilities or wastewater collection and treatment facilities as a prerequisite to the adoption of a capital improvements plan or impact fee, provided the capital improvements plan and impact fee are consistent ~vith the system~vide land use assumptions. Added by Acts 1989, 71st Leg., ch. 566, Sec. 100), elf. Aug. 28, 1989. Sec. 395.047. Hearing on [Capital liYxpi-o,¢iYxcnts Plan and] Impact Fee. On adoption of the land use assumptions and [~umpl~dun u; ti, G] capital improvements plan, the governing body shall adopt an order or resolution setting a public hearing to discuss the ~; th~ pl~n ~nd] imposition of the impact fee. The public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution [~d~pdng ~pit~l iiui~£uvciucilkb pl~, ~-d] imposing an impact fee. Sec. 395.049. Notice of Hearing on [Capital IiYxp,-o,¢iYxcnts Plan and] Impact Fee. (0 Before the 30th day before the date of the hearing on the imposition of an [¢nlVfm~ hiip;ovenients plan and] impact fee, the political subdivision shall send a notice of the hearing by certified mail to an), person ~vho has given ~vritten notice by certified or registered mail to the municipal secretary or other designated official of the political subdivision requesting notice of the hearing ~vithin t~vo years preceding the date of adoption of the order or resolution setting the public hearing. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #II~IFI', Page 39 (b) The political subdivision shall publish notice of the hearing [once a ,w~k f,,~ coiisecukive wcc~b, u~c u~ iiotice [o appcmI before the 30th day ~t on o~ a~c~ die day] before the date set for the heating, in one or more ne~vspapers of general circdadon in each counU, in ~vNch the political subdivision ~es. Ho~vever, a river authoriU, that is authorized else~vhere by state la~v to charge fees that function as impact fees may publish the required ne~vspaper notice o~y in each counU, in ~vNch the se~ice area ~es. [The (c) The notice must contain the follo~ving: (1) a headline to read as follo~vs: "NOTICE OF PUBLIC HEARING ON ADOPTION OF IMPACT FEES" (2) the time, date, and location of the hearing; (3) a statement that the purpose of the hearing is to consider the adoption of an impact fee; (4) [frO] the amount of the proposed impact fee per service unit; and a statement that any member of the public has the right to appear at the hearing and present evidence for or against the plan and proposed fee. Sec. 395.050. Advisory Committee Comments on [Capital Inipi-ovenients Plan and] Impact Fees. The advisory committee created under Section 395.058 shall file its ;vritten comments on the proposed [~pit~l iinp~oveinents plan and] impact fees before the fifth business day before the date of the public hearing on the imposition of the [plan and] fees. Sec. 395.051. Approval of [Capital Inipi-o,enients Plan and] Impact Fee Required. (0 The political subdivision, ;vitbin 30 days after the date of the public hearing on the imposition of an [~pit~l hiip;ovenienks plan and] impact fee, shall approve or disapprove the [auup,_~u, of die ~ap~a~ iinp;o v cinch ts p~a.a.u1' imposition of an impact fee. (b) An ordinance, order, or resolution approving the [~pit~l inip~oveinents plm, imposition of an impact fee may not be adopted as an emergency measure. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 IIlIAFT, Page 40 LWL~/-LW. z,, ~wunu uuc uauc bUct.u~cu ouubct, uuu ku/kJ;, ~ ~SOii ~qu~SLS, iii ~v~iLiii~, rUOiiS, ocuuuub J2J.W?u-J2J.UJ i Sec. 395.052. Periodic Update of Land Use Assumptions and Capital Improvements Plan Required. (a) A political subdivision imposing an impact fee shah update the land use assumptions and capital improvements plan at least every five [tt'rr~] )Tears. The initial five-year [di~ee-yea~] period begins on the day the capital improvements plan is adopted. (b) The political subdivision shall revie;v and evaluate its current land use assumptions and shall cause an update of the capital improvements plan to be prepared in accordance ;vith Subchapter B. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. DENTON, TEXAS\2003-2013 Capital Improvements Plan February 17, 2003 IHtlFT, Page 41 Sec. 395.053. Hearing on Updated Land Use Assumptions and Capital Improvements Plan. The governing body of the political subdivision shall, ~vithin 60 days after the date it receives the update of the land use assumptions and the capital improvements plan, adopt an order setting a public hearing to discuss and revie~v the update and shall determine ~vhether to amend the plan. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(0, eff. Aug. 28, 1989. Sec. 395.054. Hearing on Amendments to Land Use Assumptions, Capital Improvements Plan, or Impact Fee. A public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution amending land use assumptions, the capital improvements plan, or the impact fee. On or before the date of the first publication of the notice of the hearing on the amendments, the land use assumptions and the capital improvements plan, including the amount of any proposed amended impact fee per service unit, shall be made available to the public. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(0, eff. Aug. 28, 1989. Sec. 395.055. Notice of Hearing on Amendments to Land Use Assumptions, Capital Improvements Plan, or Impact Fee. (a) The notice and hearing procedures prescribed by Sections 395.044(a) and (b) apply to a hearing on the amendment of land use assumptions, a capital improvements plan, or an impact e. glulg tllU JULII a)/ UUIUIU LIIU UaLU O LIIU llUallllg Oii NIIIUIIUIIIUIIL3 [O LIIU lallU (b) [(-0] The notice of a hearing under this section must contain the follo~ving: (1) a headline to read as follo~vs: "NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES" (2) the time, date, and location of the hearing; (3) a statement that the purpose of the hearing is to consider the amendment of land use assumptions and a capital improvements plan and the imposition of an impact fee; and DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 I}ltlFl', Page 42 (4) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the update. Sec. 395.056. Advisory Committee Comments on Amendments. The advisory committee created under Section 395.058 shall file its ;vritten comments on the proposed amendments to the land use assumptions, capital improvements plan, and impact fee before the fifth business day before the date of the public hearing on the amendments. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. Sec. 395.057. Approval of Amendments Required. (0 The political subdivision, ;vithin 30 days after the date of the public hearing on the amendments, shall approve or disapprove the amendments of the land use assumptions and the capital improvements plan and modification of an impact fee. (b) An ordinance, order, or resolution approving the amendments to the land use assumptions, the capital improvements plan, and imposition of an impact fee may not be adopted as an emergency measure. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. Sec. 395.0575. Determination That No Update of Land Use Assumptions, Capital Improvements Plan or Impact Fees is Needed. (0 If, at the time an update under Section 395.052 is required, the governing body determines that no change to the land use assumptions, capital improvements plan, or impact fee is needed, it may, as an alternative to the updating requirements of Sections 395.052-395.057, do the follo~ving: (1) The governing body of the political subdivision shall, upon determining that an update is unnecessary and 60 days before publishing the final notice under this section, send notice of its determination not to update the land use assumptions, capital improvements plan, and impact fee by certified mail to any person ;vho has, ;vithin t~vo years preceding the date that the final notice of this matter is to be published, give ;vritten notice by certified or registered mail to the municipal secretary or other designated official of the political subdivision requesting notice of hearings related to impact fees. The notice must contain the information in Subsections (b) (2)-(5). (2) The political subdivision shall publish notice of its determination once a ;veek for three consecutive ;veeks in one or more ne;vspapers ;vith general circulation in each county in ;vhich the political subdivision lies. Ho;vever, a river authority that is authorized else;vhere by state la;v to charge fees that function as impact fees may publish the required ne;vspaper notice only in each county in ;vhich the service area lies. The notice of public hearing may not be in the part of the paper in ;vhich legal notices and classified ads appear and may not be smaller than one-quarter page of a standard-size or tabloid-size ne;vspaper, and the headline on the notice must be in 18-point or larger type. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 DII~IFT, Page 43 (b) The notice must contain the following: (1) a headline to read as follo~vs: "NOTICE OF DETERMINATION NOT TO UPDATE LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, OR IMPACT FEES"; (2) a statement that the governing body of the political subdivision has determined that no change to the land use assumptions, capital improvements plan, or impact fee is necessary; (3) an easily understandable description and a map of the service area in ~vhich the updating has been determined to be unnecessary; a statement that if, ~vithin a specified date, ~vhich date shall be at least 60 days after publication of the first notice, a person makes a ~vritten request to the designated official of the political subdivision requesting that the land use assumptions, capital improvements plan, or impact fee be updated, the governing body must comply ~vith the request by follo~ving the requirements of Sections 395.052-395.057; and (5) a statement identifying the name and mailing address of the official of the political subdivision to whom a request for an update should be sent. (c) The advisor5, committee shall file its ~vritten comments on the need for updating the land use assumptions, capital improvements plans, and impact fee before the fifth business day before the earliest notice of the government's decision that no update is necessary is mailed or published. (d) If, by the date specified in Subsection 00)(4), a person requests in xvriting that the land use assumptions, capital improvements plan, or impact fee be updated, the governing body shall cause an update of the land use assumptions and capital improvements plan to be prepared in accordance with Sections 395.052-395.057. (0 An ordinance, order, or resolution determining the need for updating land use assumptions, a capital improvements plan, or an impact fee ma), not be adopted as an emergency measure. Added by Acts 1989, 71st Leg., ch. 566, Sec. l(d), elf. Aug. 28, 1989. Sec. 395.058. Advisory Committee. (0 On or before the date on ~vhich the order, ordinance, or resolution is adopted under Section 395.042, the political subdivision shall appoint a capital improvements advisor5, committee. (b) The advisor5, committee is composed of not less than five members xvho shall be appointed by a majority vote of the governing body of the political subdivision. Not less than 40 percent of the membership of the advisor5, committee must be representatives of the real estate, development, or building industries xvho are not employees or officials of a political subdivision or governmental entity. If the political subdivision has a planning and zoning commission, the commission may act as the advisor5, committee if the commission includes at least one representative of the real estate, development, or building industrs, xvho is not DENTON, TiXAf~\2003-2013 Capital Improvements Plan February 17, 2003 Illl~ll*I, Page 44 an employee or official of a political subdivision or governmental entity. If no such representative is a member of the planning and zoning commission, the commission may still act as the advisory committee if at least one such representative is appointed by the political subdivision as an ad hoc voting member of the planning and zoning commission ~vhen it acts as the advisory committee. If the impact fee is to be applied in the extraterritorial jurisdiction of the political subdivision, the membership must include a representative from that area. (c) The advisory committee serves in an advisory capacity and is established to: (1) advise and assist the political subdivision in adopting land use assumptions; (2) revie~v the capital improvements plan and file ~vritten comments; (3) monitor and evaluate implementation of the capital improvements plan; file semiannual reports ~vith respect to the progress of the capital improvements plan and report to the political subdivision any perceived inequities in implementing the plan or imposing the impact fee; and (5) advise the political subdivision of the need to update or revise the land use assumptions, capital improvements plan, and impact fee. The political subdivision shall make available to the advisory committee any professional reports ~vith respect to developing and implementing the capital improvements plan. The governing body of the political subdivision shah adopt procedural rules for the advisory committee to follo~v in carrying out its duties. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. SUBCHAPTER D. OTHER PROVISIONS Sec. 395.071. Duties to be Performed Within Time Limits. If the governing body of the political subdivision does not perform a duty imposed under this chapter ~vithin the prescribed period, a person ~vho has paid an impact fee or an o~vner of land on ~vhich an impact fee has been paid has the right to present a ~vritten request to the governing body of the political subdivision stating the nature of the unperformed duty and requesting that it be performed ~vithin 60 days after the date of the request. If the governing body of the political subdivision finds that the duty is required under this chapter and is late in being performed, it shah cause the duty to commence ~vithin 60 days after the date of the request and continue until completion. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. Sec. 395.072. Records of Hearings. A record must be made of any public hearing provided for by this chapter. The record shall be maintained and be made available for public inspection by the political subdivision for at least 10 years after the date of the hearing. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), elf. Aug. 28, 1989. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #I~IFT, Page 45 Sec. 395.073. Cumulative Effect of State and Local Restrictions. Any state or local restrictions that apply to the imposition of an impact fee in a political subdivision ~vhere an impact fee is proposed are cumulative ~vith the restrictions in this chapter. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(0, eff. Aug. 28, 1989. Sec. 395.074. Prior Impact Fees Replaced by Fees Under This Chapter. An impact fee that is in place on June 20, 1987, must be replaced by an impact fee made under this chapter on or before June 20, 1990. Ho~vever, any political subdivision having an impact fee that has not been replaced under this chapter on or before June 20, 1988, is liable to any party ~vho, after June 20, 1988, pays an impact fee that exceeds the maximum permitted under Subchapter B by more than 10 percent for an amount equal to t~vo times the difference bet~veen the maximum impact fee allo~ved and the actual impact fee imposed, plus reasonable attorney's fees and court costs. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(0, eff. Aug. 28, 1989. Sec. 395.075. No Effect on Taxes or Other Charges. This chapter does not prohibit, affect, or regulate any tax, fee, charge, or assessment spedfically authorized by state la~v. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(0, elf. Aug. 28, 1989. Sec. 395.076. Moratorium on Development Prohibited. A moratorium may not be placed on nexv development for the purpose of axvaiting the completion of all or any part of the process necessary to develop, adopt, or update the impact fee. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), elf. Aug. 28, 1989. Sec. 395.077. Appeals. (0 A person xvho has exhausted all administrative remedies within the political subdivision and who is aggrieved by a final decision is entitled to trial de novo under this chapter. (b) A suit to contest an impact fee must be filed within 90 days after the date of adoption of the ordinance, order, or resolution establishing the impact fee. (c) Except for roadxvay facilities, a person xvho has paid an impact fee or an oxvner of propert7 on which an impact fee has been paid is entitled to specific performance of the services by the political subdivision for which the fee was paid. (d) This section does not require construction of a specific facility to provide the services. (0 Any suit must be filed in the county in xvhich the major part of the land area of the political subdivision is located. A successful litigant shall be entitled to recover reasonable attorney's fees and court costs. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. Sec. 395.078. Substantial Compliance With Notice Requirements. An impact fee may not be held invalid because the public notice requirements xvere not complied with if compliance was substantial and in good faith. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #ll21Fr, Page 46 Sec. 395.079. Impact Fee for Storm Water, Drainage, and Flood Control in Populous County. (0 Any count7 that has a population of 2.2 million or more or that borders a count7 ~vith a population of 2.2 million or more, and any district or authority created under Article XVI, Section 59, of the Texas Constitution ~vithin any such count7 that is authorized to provide storm ~vater, drainage, and flood control facilities, is authorized to impose impact fees to provide storm ~vater, drainage, and flood control improvements necessary to accommodate ne~v development. (b) The imposition of impact fees authorized by Subsection (a) is exempt from the requirements of Sections 395.025, 395.052-395.057, and 395.074 unless the political subdivision proposes to increase the impact fee. (c) Any political subdivision described by Subsection (a) is authorized to pledge or other~vise contractually obligate all or part of the impact fees to the payment of principal and interest on bonds, notes, or other obligations issued or incurred by or on behalf of the political subdivision and to the payment of any other contractual obligations. An impact fee adopted by a political subdivision under Subsection (a) may not be reduced if: (1) the political subdivision has pledged or other,vise contractually obligated all or part of the impact fees to the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf of the political subdivision; and (2) the political subdivision agrees in the pledge or contract not to reduce the impact fees during the term of the bonds, notes, or other contractual obligations. Added by Acts 1989, 71st Leg., ch. 1, Sec. 82(a), eff. Aug. 28, 1989. Sec. 395.080. Chapter Not Applicable to Certain Water-Related Special Districts. (a) This chapter does not apply to impact fees, charges, fees, assessments, or contributions: (1) paid by or charged to a district created under Article XVI, Section 59, of the Texas Constitution to another district created under that constitutional provision if both districts are required by la~v to obtain approval of their bonds by the Texas Natural Resource Conservation Commission; or (2) charged by an entit7 if the impact fees, charges, fees, assessments, or contributions are approved by the Texas Natural Resource Conservation Commission. (b) Any district created under Article XVI, Section 59, or Article III, Section 52, of the Texas Constitution may petition the Texas Natural Resource Conservation Commission for approval of any proposed impact fees, charges, fees, assessments, or contributions. The commission shall adopt rules for reviewing the petition and may charge the petitioner fees adequate to cover the cost of processing and considering the petition. The rules shall require notice substantially the same as that required by this chapter for the adoption of impact fees and shall afford opportunity for all affected parties to participate. Added by DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 #II21FT, Page 47 Acts 1989, 71st Leg., ch. 1, Sec. 82(a), elf. Aug. 28, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.257, elf. Sept. 1, 1995. Sec. 395.082. Certification of Compliance Required. A political subdivision that imposes an impact fee shall submit a ~vritten certification veri~Ting compliance ~vith this chapter to the attorney general each year not later than the last day of the political subdivision's fiscal year. The certification must be signed by the presiding officer of the governing body of a political subdivision and include a statement that reads substantially similar to the follo~ving: "This statement certifies compliance ~vith Chapter 395, Local Government Code." A political subdivision that fails to submit a certification as required by this section is liable to the state for a civil penaky in an amount equal to 10 percent of the amount of the impact fees erroneously charged. The attorney general shall collect the civil penaky and deposit the amount collected to the credit of the housing trust fund. DENTON, TEXAf~\2003-2013 Capital Improvements Plan February 17, 2003 I}I{~IFT, Page 48 1 PUB AGENDA ITEM #4a 2 3 4 5 DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES February 3, 2003 9:00 A. M. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 After determining that a quorum of the Public Utilities Board of the City of DeNon, Texas was presem, the Public Utilities Board convened imo an Open Meeting on Monday, February 3, 2003 at 9:00 a.m. in the Service Cemer Training Room, City of DeNon Service Cemer, 901-A Texas Street, Denton, Texas. PRESENT: George Hopkins, Charldean Newell, Dick Smith, Don White and Bill Cheek EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Martin, ACM/Utilities EXCUSED: Dick Norton CONSENT AGENDA Board Member Don White asked that Consent Agenda Item #1 be considered individually. Board Member George Hopkins asked that Consent Agenda Item #2 be considered individually. ITEMS FOR INDIVIDUAL CONSIDERATION: 1) Consider approval of an ordinance authorizing the Mayor to execute an extended Interlocal Cooperation Agreement between the City of Denton and the Denton Independent School District ("DISD") regarding the lease of excess dark fiber optic capacity from the City to DISD in connection with the implementation of the DISD Wide Area Network White asked if staff would bring the extended Imerlocal Cooperation Agreemem back before the Board, or will this item automatically give the Mayor the authority to sign. Sharon Mays, Director of Electric Utilities, assured White that any additional agreemems, concerning long-range plans beyond the 5-year extension, would be brought back and presemed to the Board. Hopkins moved to approve extending the Interlocal Cooperation Agreement with DISD, with a second from White. The motion was approved by a vote of 5-0. 2) Consider approval of a Comract with Spanlink Communication for services, software, hardware, and annual maintenance for installation, configuration, and support of an IP- Telephony based Imegrated Comact Distribution ("lCD") solution to replace the existing Automated Call Distribution System currently in use by Utilities Customer Service and Solid Waste Customer Relations in an amount not to exceed $109,946. Hopkins asked for details regarding the current system and how the 1CD System would improve on it. Martin informed the Board that Louise Good-Owen, Customer Service Manager, was not Page 1 of 6 EXHIBIT III 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 available to answer the Board's questions. Scott Lebsack, Assistant Director of Solid Waste, was available to respond to some of the questions regarding the proposed system. Lebsack explained that the existing system is an Automated Call Distribution (ACD) System that does not address the functional needs of the departments. Solid Waste Customer Relations is not able to transfer calls efficiently and staff has no way of knowing how many calls are coming in at any particular time. Management is therefore unable to increase staff during critical peak times. Management is also unable to record or monitor incoming calls/complaints. Hopkins wanted to know if the new 1CD System would eliminate busy signals by letting the customer know how long they will wait before speaking to a representative. Lebsack informed him that the new software would provide that feature. Hopkins wanted to know if, at peak times, would the new system default to the message indicating how long the wait would be. Lebsack responded that staff could utilize the new system to provide reports on normal busy times and increase staff accordingly. Once the volume of incoming calls exceeds that peak, the new system would default to a message informing customers how long they will wait before speaking to a customer service representative. Board Member Charldean Newell wanted to know the price of annual maintenance on the new system. Martin informed her that it would cost approximately $10,000 per year. White asked if staff had explored the possibility of the increasing the functionality of the current system. Lebsack could not answer that question, and stated that he would find out. White was concerned that Spanlink's bid for Professional Services is only valid until February 28, 2003, and the price for Cisco software is outside the control of Spanlink and subject to change. Lebsack thought that the vendor would, in good faith, honor the prices should deliberations regarding the bid take another 90 days. White was also concerned with statements in the Executive Overview on page 2, which indicated that the goal of the document is to capture the scope of the proposed development, rather than to be precise in details and architectural design. Due to the absence of Louise Good-Owen and attending staff's inability to address several of the Board's concerns Martin explained that he would bring this item back with the answers to their questions. 3) Consider approval of the Public Utilities Board meeting minutes off a. January6,2003 There being no corrections to the minutes, they stand approved as presented. Martin asked that PUB Agenda Item #6 be discussed before the other items. Page 2 of 6 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0 Page 3 of 6 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 for he clear cree~ Bagin a g~ond frO~ cheek ~o~ion wa approved a ~ote o so Page 4 of 6 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Page 6 of 6 03/25/03 #6A AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 25, 2003 Questions concerning this acquisition may be directed Parks and Recreation Department to Ed Hodney ext. 8271 Howard Martin, Assistant City Manager of Utilities ~ SUBJECT Consider adoption of an ordinance amending Section 22-31 "PROHIBITED ACTS" of the Code of Ordinances of the City of DeNon to add a paragraph (13) to limit the use of tobacco products during youth athletic activities on or adjacem to city athletic fields; providing for a penalty of a fine not to exceed five hundred dollars for each offense in violation of the ordinance; providing a severability clause and an effective date. BACKGROUND The DeNon Youth Sports Association, representing 6200 participants annually, has requested that the City adopt an ordinance to restrict the use of tobacco products at youth outdoor athletic complexes. The request was referred to the Parks, Recreation and Beautification Board for their consideration. The Board then endorsed the proposed ordinance on February 24, 2003. The proposed ordinance, modeled after ordinances by North Richland Hills and Carrollton, would restrict the use of any tobacco products at posted sites during youth athletic activities. In response to comments by Council Member Fulton at the March 4th work session, the draft ordinance has been amended to permit the use of tobacco products in areas posted by signage. The Parks and Recreation Departmem will establish such areas adjacem to fields of play, but away from areas of congregation. PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the March 4th regular session, the City Council tabled consideration action on this ordinance until March 25th. The request for the ordinance originated from the Denton Youth Sports Association on September 5, 2002. The Park Board endorsed the proposed ordinance on February 24, 2003. FISCAL INFORMATION Existing Parks and Recreation budget funds will cover the cost of the new signs required to implemem this ordinance. EXHIBITS 1. Ordinance 2. Park Board Minutes 3. Request from Denton Youth Sports Association Respectfully submitted: Ed Hodney, Director of Parks and Recreation S:\Our Documents\Ordinances\03\No Tobacco Products-Youth Sports-2.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 22-31 "PROHIBITED ACTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO ADD A PARAGRAPH (13) TO LIMIT THE USE OF TOBACCO PRODUCTS DURING YOUTH ATHLETIC ACTIVITIES ON OR ADJACENT TO CITY ATHLETIC FIELDS; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH OFFENSE iN VIOLATION OF THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Denton Youth Sport Association has requested that the City of Denton prohibit the use of tobacco products on and adjacent to City of DeNon athletic fields during youth athletic activities; and WHEREAS, such use of tobacco products is detrimemal to the public health, welfare and safety of the DeNon youth; and WHEREAS, the City Council of the City of DeNon, Texas finds that it is in the public interest to adopt regulations limiting the use of tobacco products on City of Denton athletic fields during youth athletic activities; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations comained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Section 22-31 of the Code of Ordinances of the City of DeNon, Texas is hereby amended in part to add a paragraph (13) to read as follows: It shall be unlawful for any person to either perform or permit to be performed any of the following acts: (13) Smoke, chew, dip or otherwise use tobacco products on cr adjacem to a City of Denton owned or operated athletic field during times when youth athletic activities are being held. "On or adjacem to an athletic field" includes the playing field, dug outs, bleachers, restrooms, concession areas and any areas within 20 feet of such areas, but does not include areas within parking lots and other designated areas containing conspicuous signage that use of tobacco products are permitted during Youth athletic activities. Youth athletic activities are those athletic activities for ages 17 and under organized or co-sponsored by the Denton Parks and Recreation Department. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500.00. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are seve~tble. SECTION 5. 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 Demon, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 DRAFT Parks, Recreation and Beautification Advisory Board Minutes February 24, 2003 Members present: Don Edwards, Dale Yeatts, Geri Aschenbrenner, Dalton Gregory, and Brandon Barnes. Staff present: Ed Hodney Chairman Don Edwards called the meeting to order at 5:43 p.m. The meeting time was adjusted due to inclement weather. Approval of Minutes from January 27, 2003. Dale Yeatts made a motion to approve the minutes from the January 27th meeting. Geri Aschenbrenner seconded the motion and it was passed unanimously. ACTION ITEMS Request for Non-Smoking Ordinance at Youth Outdoor Athletic Complexes. Geri Aschenbrenner made a motion to approve the ordinance and Dale Yeatts seconded the motion. The motion passed unanimously with favorable comments from the board members. Resolution Supporting the Texas Recreation and Park Account. Geri Aschenbrenner made a motion to approve the resolution and Dale Yeatts seconded the motion. The motion was passed unanimously. There being no further business, the meeting adjourned at 6:00 p.m. EXHIBIT 2 September 12, 2002 Don Edwards, President Denton Park Board Dear Sir: The Denton Youth Sports Association (DYSA) would like to request that the following item be put on the Park Board Agenda for discussion September 23. DYSA would like for the City to pass an ordinance to prohibit smoking at all PARD youth outdoor athletic sport complexes, excluding the parking lots at those facilities or other designated areas. Furthermore, we would request that smoking be prohibited at any PARD outdoor athletic facility shared by adult and youth participants during times that organized PARD or co- sponsored youth athletic activities are being held, excluding parking lots or other designated areas. Your assistance with this matter would be greatly appreciated. Representatives of DYSA and PARD Athletic Staff will be glad to attend the Park Board meeting September 23 to provide any additional information you might need from our association or Parks & Recreation staff. Sincerely, Robert Deal, President Denton Youth Sports Association EXHIBIT 3 03/25/03 #6B AGENDA INFORMATION SHEET AGENDA DATE: March 25, 2003 DEPARTMENT: Transportation Operations ACM: Jon Fortune, Public Safety and Transportation Operations SUBJECT Consider approval of an Ordinance of the City of DeNon, Texas approving an Imerlocal Cooperation Agreement between the City of Denton and the Denton County Transit Authority for the provision of management and planning services for the implementation of mass transportation in Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND Last summer, the Interim Executive Committee for the proposed Denton County Transportation Authority (DCTA) created a Transportation Service Plan to provide transportation services to Denton County. The Denton City Council, along with other cities in the County, approved the service plan that includes a regional rail system, park-and-ride facilities, regional bus connector service, feeder and local bus service, and demand response service. In November 2002, DeNon County voters overwhelmingly approved the creation of the DCTA based on the approved service plan. The next step in the process is to hold a separate election, which is anticipated this fall (2003), to allow voters an opportunity to authorize a sales tax to finance the implememation of the Service Plan. Initial funding of the DCTA was provided by Denton County and allowed the DCTA to hire legal counsel and URS to help create the Service Plan. At present, the DCTA has exhausted all of its financial resources and umil after the successful passage of the sales tax election, will have no more available funds. Until now, the Executive Committee has performed most administrative services without the support of a dedicated staff. As the DCTA and the Service Plan evolve, additional demands are being placed on the Committee members. So much in fact, that it has become necessary to seek dedicated professional managemem and planning services. As a result, the DCTA has created a Request For Professional Services (RFPS) to implemem the service plan; for coordination of local, state and federal resources and organizations; and to prepare for the anticipated sales tax elections. A RFPS was created to solicit proposals from qualified firms to perform the scope of work outlined below. · Day-to-day managemem, planning services, consultation and recommendations to the DCTA. · Participation by a qualified and experienced transportation professional in the DCTA Executive and Subcommittees as well as planning and public meetings and meetings with other local governments and agencies. · Establishment of milestones, communication and coordination of activities with other regional entities, identification of potential funding sources and management of procurement activities. · Monitoring and evaluating operations, maintaining internal accounting controls to protect assets, establishing safety standards, loss prevemion and liability insurance. The DCTA has proposed a cost sharing structure for all the cities in Denton County at a proportional rate based on population to help fund these services. It is anticipated that $375,000 will be needed for the emire County, of which $101,063 has been requested from the City of Denton. Because the DCTA has not yet selected a bidder, and can not do so umil the funding commitments are in place, the Legal Department has advised the City to enter into a Service Contract with the DCTA. This will allow the City to commit funds to the DCTA prior to the selection of a service provider, but designate the funds for professional services, and provide for a tool by which the City can monitor the appropriate use of the funds by the DCTA. OPTIONS The City Council can approve the Ordinance authorizing the City of DeNon to emer imo an Interlocal Cooperation Agreement with the DCTA for the provision of management and planning services. Approval would allow the City to allocate $101,063 to the DCTA from existing bond funds established for mass transit initiatives. The City Council can deny approval of the Ordinance authorizing the City of DeNon to emer into an Interlocal Cooperation Agreement with the DCTA for the provision of management and planning services. If the Agreemem is denied, the City cannot allocate $101,063 to the DCTA. The DCTA will be required to reduce the scope of services sought or obtain additional funding from other Denton County cities. RECOMMENDATION Staff recommends approval of the Ordinance authorizing the City of Denton to enter into an Interlocal Cooperation Agreement with the DCTA. The Agreement will enable the DCTA to continue implementing the Service Plan and to provide mass transportation services in Denton County. ESTIMATED SCHEDULE OF PROJECT RFPS proposals were due to the DCTA on February 27, 2003. Recommendation of the top proposals was made to the DCTA Administration Subcommittee on March 11, 2003, and to the DCTA Executive Committee on March 13, 2002. The DCTA is seeking funding commitments from participating cities so that they can secure the services of the bidder whose proposal is selected. PRIOR ACTION/REVIEW It is anticipated that other cities within the County will be approving similar interlocal Agreements. FISCAL INFORMATION Funding is available for this project via bond funding for mass transit initiatives included in the 2000 Bond Election. EXHIBITS DCTA Letter Ordinance/Agreement Respectfully Submitted: Jon Fortune, Assistant City Manager Public Safety and Transportation Operations Denton County Transportation Authority PO Box 1811 Denton, TX 75202-1811 (940) 349-2820 Phone · (940) 349-2821 Fax February 26, 2003 The Honorable Euline Brock, Mayor City of Denton 215 East McKinney Street Denton, TX 76201 RE: Request for Funds AR - 2003 PUBLIC SAFETY' & TRANSPORTATION Dear Mayor Brock: The purpose of this letter is to request funds from the City of Denton to sustain the Denton County TranSpOrtation Authority (DCTA) for the interim period of November 2002 through the sales tax election ctirrently anticiPated in September 2003. The enabling legislation (HB 3323, ACTS 77th Leg.) for CoUnty TranSPortation Agencies did not Provide start-up funding sources. In 2001, Denton County provided $i00,000 in initial funding for DCTA. Subsequently, the cities of Corinth, Denton, Flower Mound, Highland Village and Lewisville provided a total of $22,300 in supplemental funds, and Denton County provided an additional $33,800. Approximately $100,000 of these funds was used for Professional services and to develop a Transportation Service Plan for the County. To meet the objectives of DCTA, the members the Executive Committee have contributed their personal time and resources that exceeded 8000 hours in 12 months. In November 2002, the Denton County Voters approved & confirmed DCTA by a 73.2% favorable vote. The balance of the funds is being expended for Professional services concerning this Service Plan. To pursue the mandate given DCTA by the voters and to further plan and develop our Service Plan for the Authority, we first attempted to obtain state and federal funds through regional resources. While it appears some of these funds may eventually be available to us, because of budgetary timing and shortfalls at the state and federal level, we have been unable to obtain £mancial support in the near tenn. In order for DCTA to continue to move forward and serve the people of Denton county it is necessary to request funding from the participating Major cities and 'the County to' Stistain this AUthority until September 2003. This funding is needed to engage a transportation professional and administrative support, to manage the DCTA's day-tO-day activities and to coordinate the updating of the service plan (mOre details are included on attaC ~hrnent 2 ,-DCTAb0dget). ' ~ : .:i ~: · '. ~ i Attachment 1 is a breakdown of our funds request based primarily on population, but weighted on potential service impact for the smaller municipalities and the unincorporated areas of the county. Denton County Transportation Authority Letter to Mayor Euline Brock Page 2 of 2 It is important to note that this request is for a contribution of funds. Clearly, our area is under a mandate from the Environmental Protection Agency concerning this region's air quality and from our citizens for both air quality and congestion. These issues, which the Cities and the County must address, are integral to the DCTA effort and as such represent the best return on investment. DCTA would appreciate your expedited attention to this matter. We are aware of the various internal requirements of your city and stand ready to provide any additional information or assistance you require. F. Charles l~mery t.) Chairman Attachments: Funds Chart and DCTA Budget DCTA Funds Request Target Figures Corinth Denton Flower Mound Highland Village Lewisville Cited Cities Population Remainder of Denton County^ Percentage of Population* Population $$ Pcnt 14,650 3% 6% 86,550 19% 35% 55,700 t2% 22% 12,750 3% 5% 80,750 17% 32% 250,400 211,600^ 46% 23% Amount to pay based on wt'd Population Percentage $ 375,000 $ 17,325 $ 101,063 $ 63,525 $ 14,438 $ 92,400 $ 86,250 Total 462,000 $ 375,000 *Population based on NCTCOG Population Estimate for 2002 ^This total is "DCTA effective" total remainder of Denton County minus the above split cities. DCTA BUDGET FISCAL YEAR 2003 DCTA Funding Needs: 1 October 2002 - 30 September 2003 Contractor for transit management & planning services (1) Office space, furniture, equipment Auto/travel Professional fees Planning/engineering consultant (2) Election costs (3) Other: supplies, telephone, insurance, Web site, audit, miscellaneous $195,000 $10,000 $15,O00 $40,000 $50,000 $4O,000 $25,000 Total $375,000 Notes: DCTA is an unfunded County Transportation Authority, created by Texas HB 3323 (ACTS, 77th Session Texas Legislature). Funding is to be by Sales & Use Tax levy if and when the voters of certain municipalities or Denton County approve said Tax (election planned September 2003). This budget only represents required expenditures to sustain DCTA in FY 2003. (1) Day-to-day management/administration of Authority activities; coordinate all meetings and public presentations; manage sales tax election activities with the various entities; identify and progress grant applications; identify and manage financial planning/development; coordinate update of service plan; prepare for service plan implementation; develop management/administrative procedures; etc. (2) Update of service plan; development of public communications package; technical support during election activity; support grant applications; etc. (3) Assumes the five large cities fund the costs of holding their Tax Election. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY FOR THE PROVISION OF MANAGEMENT AND PLANNING SERVICES FOR THE IMPLEMENTATION OF MASS TRANSPORTATION 1N DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the DeNon County Transportation Authority (the "Authority") at an election held on November 5, 2002 was duly confirmed as a transit authority pursuant to Chapter 460 of the Texas Transportation Code; and WHEREAS, the Authority is in the process of advertising for requests for proposals from qualified firms to perform management and planning services to implement the Authority's operations to provide Denton County with mass transit services; and WHEREAS, due to the fact that the Authority is in its start up stages it lacks sufficient capital to defray the expenses for such managemem and planning services and therefore it has requested that all cities, including the City of Denton contribute a sum of money on a per capita basis to defray these expenses; and WHEREAS, on a per capita basis the City of Denton's contribution toward such managemem and planning services is $101,063.00; and WHEREAS, the City of DeNon and the Authority desire to emer imo an Imerlocal Cooperation Agreemem to provide for such managemem and planning services for the implementation of mass transportation in Denton County in substantially the same form as the Imerlocal Cooperation Agreemem attached to and made a part of this ordinance by reference (the "Imerlocal Agreemem"); and WHEREAS, there is a valid governmemal and municipal purpose served by the Imerlocal Agreemem by providing for the defraying of expenses for managemem and planning services for the implementation of mass transit services in Denton County; and WHEREAS, the City Council hereby finds that the Imerlocal Agreemem is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS: SECTION 1. The findings and recitations comained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Mayor, or her designee, is hereby authorized to execute the Interlocal Agreemem on behalf of the City of DeNon. SECTION 3. The City Manager, or his designee, is authorized to make the expenditures as set forth in the Interlocal Agreement. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 S:\Our Documents\Ordina2ces\03\lnterlocal-Denton County Transit Authority.doc INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter the "CITY") and THE DENTON COUNTY TRANSPORTATION AUTHORITY, (hereinafter the "AUTHORITY"), each organized and existing under the laws of the State of Texas, each acting by and through and under the authority of their respective governing bodies and officials in accordance with the interlocal Cooperation Act, being Chapter 791 of the Texas Government Code (the "Act"); and WHEREAS, the CITY and the AUTHORITY are local governmental entities organized under the laws of the State of Texas, both of whom have the authority to perform the services set forth in this Agreement individually, and who mutually desire to enter into an interlocal cooperation agreement in order to maximize the benefits to the citizens of the CITY and the constituents of the AUTHORITY; and WHEREAS, the AUTHORITY at an election held on November 5, 2002 was duly confirmed as a transportation authority pursuant to Chapter 460 of the Texas Transportation Code (the "Code"); and WHEREAS, the AUTHORITY has issued a request for proposals ("Request for Proposals") for management and planning services to implement the AUTHORiTY's operations to provide Denton County with mass transit services; and WHEREAS, the CITY and the AUTHORITY find that it is in the public interest that these mass transit services be provided to the citizens of Denton County; and WHEREAS, the AUTHORITY requires sufficient capital to defray the expenses for management and planning services and therefore has requested, pursuant to § 460.404 of the Code that all cities, including the CITY contribute a sum of money on a per capita basis to defray these expenses; and WHEREAS, on a per capita basis the CITY'S contribution toward such management and planning services is $101,063 (the "CiTY's Share"); and WHEREAS, there is a valid governmental purpose served by this Agreement by providing for the defraying of expenses for management and planning services for the implementation of mass transit services in Denton County; and WHEREAS, the CITY and the AUTHORITY agree that any payments made in connection with governmental functions provided for by this Agreement shall be made from current revenues available to the paying party, the purpose, terms, rights, and duties of the respective contracting parties are stated in this Agreement, and any payments made Doc ID SCOTR-732798 3347-0010 pursuant to the Agreement fairly compensate the performing party for the services or functions performed, all in accordance with the provisions of the Act; and WHEREAS, the Act authorizes the CITY and the AUTHORITY to enter into this Agreement for the purpose of achieving the governmental functions provided for herein by this collective, cooperative undertaking; and NOW THEREFORE, the CITY and the AUTHORITY, for and in consideration of the premises and the mutual covenants set forth in this Agreement, and pursuant to the authority granted by the governing bodies of each of the parties hereto, do hereby agree as follows: ARTICLE 1 INCORPORATION OF PREAMBLES All matters and recitations stated in the Preamble to this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes. ARTICLE 2 PURPOSE OF AGREEMENT. The purpose of this Agreement is to appropriate funds to the AUTHORITY for mass transit and to provide for transportation services in Denton County consistent with Chapter 460, TEX. TRANSPORTATION CODE for the term of the Agreement, subject to the requirements contained in Exhibit "A" attached hereto and made a part hereof by reference. ARTICLE 3 TERM OF AGREEMENT This Agreement shall be effective as of the effective date set forth below and shall continue in force and effect for the fiscal year 2002-2003. ARTICLE 4 TERMINATION OF AGREEMENT This Agreement terminates upon the first to occur of the following events: By mutual written agreement of the CITY and AUTHORITY; or Expiration of the Agreement as provided in Article 3; or C. By either party, if a party defaults or breaches any of the terms or conditions of this Agreement and such default or breach is not cured within sixty (60) days after written notice by the non-defaulting party to the defaulting party. ARTICLE 5 UNDERTAKING OF THE AUTHORITY The AUTHORITY shall engage in the process of providing mass transportation services to Denton County which may include employment of a person or persons to provide management, operational and/or planning services for the AUTHORITY. ARTICLE 6 UNDERTAKING OF THE CITY On the effective date of this Agreement the CITY shall pay the AUTHORITY the sum of $101,063.00 representing its percapita share of the cost of the budget of the AUTHORITY. ARTICLE 7 USE OF CITY'S SHARE AND MAINTENANCE OF RECORDS A. AUTHORITY agrees to maintain records that will provide accurate, current, and complete disclosure of the status of the funds received under this Agreement and with any other applicable Federal and State regulations establishing standards for financial management. AUTHORITY's record system shall contain sufficient documentation to provide full support and justification for all expenditures which shall be made available to the CITY at all reasonable times. B. AUTHORITY agrees to conduct an annual audit of funds which shall be made available to the CITY or permit CITY, or any of its authorized representatives to audit the AUTHORITY. ARTICLE 8 HOLD HARMLESS Only to the extent allowed by the Constitution and statutes of the State of Texas, and without waiving any immunity or limitation as to liability, the AUTHORITY agrees to and shall indemnify and hold harmless the CITY, its officials, officers, agents, employees, or attorneys from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, or for damages to any property; real, personal, or intellectual, arising out of or in connection with the subject of this AgreemeN, where the injury or death or damage is caused by the negligence of the AUTHORITY, its officials, officers, agents, employees, or attorneys. ARTICLE 9 GOOD FAITH NEGOTIATION AND DISPUTE RESOLUTION Whenever a dispute or disagreemeN arises under the terms of this AgreemeN, the parties agree to enter into good faith negotiations to resolve such disputes. If the matter continues to remain unresolved after good faith negotiations by the parties, then the matter shall be referred to outside mediation. This provision is mandatory, arises under the provisions of §791.015 of the Act, and shall be a condition precedeN to the filing of any litigation by either or both parties hereto. ARTICLE 10 AS SIGNABILITY/CONSENT Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this Agreement may sell, assign, or transfer its interest in this AgreemeN, or any of its right, duties, or obligations hereunder, without the prior written consent of the other party. However, whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such conseN or approval. ARTICLE 11 NOTICE Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery; or shall be sen by registered mail or certified mail; or shall be sent by U.S. Mail, return receipt requested, postage prepaid; to: CITY: City Manager City of DeNon, Texas 215 East McKinney Denton, Texas 76201 AUTHORITY: Chairman, Executive Committee Denton County Transportation Authority 110 W. Hickory Denton, Texas 76201 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or other written evidence of receipt. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE 13 SAVINGS/SEVERABILITY In the event that any one or more of the provisions hereof contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. ARTICLE 14 GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. ARTICLE 15 ENTIRE AGREEMENT This Agreement and any exhibits which may be attached hereto, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. ARTICLE 16 WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE 17 AUTHORITY OF PARTIES This Agreement is made by and entered into by the duly authorized officials of each respective governmental entity. ARTICLE 18 CAPTIONS The captions contained in this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE 19 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument. IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed in two (2) original counterparts, by its duly authorized and empowered Mayor and the Denton County Transportation Authority has caused this Agreement to be executed by its duly authorized and empowered Chairman to be effective as of the day of ,2003. CITY OF DENTON, TEXAS By: EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: DENTON COUNTY TRANSPORTATION AUTHORITY By: ATTEST: JASON PIERCE, SECRETARY By: CHARLES EMERY, CHAIRMAN DENTON COUNTY TRANSPORTATION AUTHORITY APPROVED AS TO LEGAL FORM: RIDER SCOTT, GENERAL COUNSEL By: EXHIBIT "A" USE OF CITY'S SHARE The AUTHORITY recognizes that the CITY's Share comes from general obligation bond funds and therefore is subject to the restrictions contained herein. The CiTY's Share shall be used by the AUTHORITY solely for contracting for transit management and planning services and/or for planning and engineering consultants, it shall not be used for overhead expenses, salaries, supplies, equipment, travel expenses, election costs or any other expenditures unrelated to the preparation or implementation of a mass transit plan by an independent contractor. As provided in Article 7, the CITY may audit the AUTHORiTY's records at all reasonable times to make certain that the CITY's Share is expended in accordance with the above provisions. The AUTHORITY shall promptly refund to the CiTY any funds not expended in conformity with these provisions. 03/25/03 #6C AGENDA INFORMATION SHEET AGENDA DATE: March 25, 2003 DEPARTMENT: Airport & Transportation Operations ACM: Jon Fortune, Public Safety & Transportation Operations SUBJECT Consider approval of a Resolution authorizing the City Manager, or his designee, as Denton's authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for certain improvements to the Denton Municipal Airport; confirming agreement to pay a portion of the total project costs; and providing an effective date. BACKGROUND As part of cominued Airport Developmem and following recommendations outlined in the 2003 Airport Master Plan, TxDOT is offering to utilize Non-Primary Discretionary funds to expand the DeNon Airport Terminal Apron. These funds were authorized in the 2002 Department of Transportation Appropriations Bill and are made available to certain general aviation airports throughout the nation. Currently $150,000 in 2002 Non-Primary funds is available for the DeNon Airport for this project. The total design and construction costs for this project is estimated at $860,000, however, these Non-Primary funds will be applied only to the design phase. Funding for the construction phase would be made available at a later date through the recent congressional earmark of $2,000,000 as outlined in the 2003 Department of Transportation Appropriations Bill. Unfortunately funds from the 2003 DOT bill will not be available until later this year. In an attempt to accelerate the overall project schedule, Airport Staff and TxDOT have structured a project schedule that will reduce the typical developmem cycle of 12-14 months to approximately six (6) momhs. The Texas Transportation Commission is scheduled to review this project during the May 29, 2003 meeting. TxDOT officials have requested that the City of Denton provide documentation of support and acceptance of the proposed project through the proposed Resolution. OPTIONS I. Approve proposed Resolution to accept the Airport development grant. II. Provide Staff with additional direction on the proposed developmem project. RECOMMENDATION The Airport Advisory Board and Staff recommend Option I. ESTIMATED SCHEDULE OF PROJECT If approved, the design phase could begin in July with the construction phase beginning as early as October. PRIOR ACTION/REVIEW The Airport Advisory Board recommends approval of the proposed gram. The City Attorney's office reviewed and prepared the resolution. FISCAL INFORMATION The overall project, design and construction, is estimated to cost $860,000. The engineering and design phase is estimated to cost $86,000 and the City's ten percem share is $8,600. The local share is available from the 2002 CIP Bond issue. Furthermore, the terminal apron expansion will promote significant airport development as well as increased lease revenue for the Airport. EXHIBITS Resolution Attorney's Certificate Certification of Project Funds Designation of Sponsor's Authorized Representative Prepared by: Mark Nelson, Director Airport and Transportation Operations Respectfully submitted: Jon Fortune, Assistam City Manager Public Safety & Transportation Operations S 50~ DocumentskReso~ut4ons\O3kP, eso~ution TxDOT North T~ininal Apron doc RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) RELAT1NG TO A GRANT FOR CERTA1N IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; CONFIRMING AGREEMENT TO PAY A PORTION OF THE TOTAL PROJECT COSTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, intends to make certain improvements to the Denton Municipal Airport; and WHEREAS, the general description of the project is the expansion and construction of the north terminal apron at the Denton Municipal Airport (the "Project"); and WHEREAS, the City of Denton intends to request financial assistance from the Texas Department of Transportation (TxDOT) for the Project; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of Denton, Texas, hereby directs the City Manager, or his designee, to execute on behalf of the City of Denton, at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation (TxDOT), and such other parties as shall be necessary and appropriate for the implementation of the Project and related improvements at the Denton Municipal Airport. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EUL1NE BROCK, MAYOR DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE I, Michael A. Conduff , City Manager , (Name) (Title) with the Denton Airport designates Mark Nelson, Dir. of Airport and Transp. Operations (Sponsor Name) (Name, Title) as the City of Denton authorized representative for the Terminal Apron Expansion Project, (Sponsor Name) who shall have the authority to make approvals and disapprovals as required on behalf of the City of Denton. (Sponsor Name) City of Denton, Texas (Sponsor) By: (Signature) Title: City Manager Date: DESIGNATED REPRESENTATIVE Mailing Address: Mark Nelson 5000 Airport Road Denton, Texas 76207 *Physical/Overnight Address: Same as above Telephone Number: 940-349-7702 940-349-7289 Fax Number: E-Mail Address: marknelson~cityofdenton.com * ALL GRANT AGREEMENTS ARE SENT BY OVERNIGHT MAlL CERTIFICATION OF PROJECT FUNDS I, Anna Mosqueda, Director of Management and Budget , (Name) (Title) do certify that sufficient funds to meet the Cit~ of Denton share of (Sponsor Name) project costs as identified for the project and will be available in accordance with the schedule shown below: SPONSOR FUNDS Source Amount Date Available CO Bonds (Airport) $ 86,000 April 1, 2003 City of Denton , Texas (Sponsor) By: Title: Director of Management and Budget Date: CERTIFICATION OF AIRPORT PROPERTY INTERESTS By signature below, the Sponsor does certify that the airport property, as reflected on the property map and attorney certificate dated June 2, 1999 and on file with TxDOT Aviation Division, remains unchanged and is an accurate reflection of the property owned and/or controlled for the Denton Municipal Airport (Airport Name) City of Denton, Texas (Sponsor) Title: Deputy City Attomey Date: DESIGNATION OF SPONSOR'S CONSULTANT SELECTION COMMITTEE I, Michael A. Conduff , City Manager , (Name) (Title) with the City of Demon designate the following named individuals as the (Sponsor Name) Consultam Selection committee, for the Terminal Apron Expansion Project. The committee is authorized to determine selection criteria, review qualifications and proposals of candidate firms, conduct interviews, if necessary, and select a firm for the award of the design contract, based on a consensus ranking by the committee members. The decision of the selection committee will be final unless some discrepancy is determined to have occurred in the selection process. Name Title (if appropriate): Charles Fiedler Mark Nelson Linda Ratliff Pamela Estill-Rambo Director, Engineering Director, Airport and Transportation Operations Director, Economic Development Management Assistant, City Manager's Office The City of Demon (Sponsor Name ) this has caused this to be duly executed in its name, day of 20__ City of Denton, Texas (Sponsor) By: Title: